UNIVERSITY OF MICHIGAN
Hur
PH
M
} F
Yr',
1
11
L
1
SI QUAERIS PENINSULAM AMOENAMI
ILLIAM, DRU
130, OLD STREET,
London.
Libraries purchased.
" Lewd Monvigtige
1837
VERITAS
LIBRARY
ET PLURIBUS UNIIN
TO
CIRCUMSPICE
HII
47
1
M
1
2
H
WUNDUULUI
ARTES
SCIENTIA
OF THE
1
+
I!
זיי קוד
2
Hindi Hit
Attit III
4
THIS BOOK
FORMS PART OF THE
ORIGINAL LIBRARY
OF THE
UNIVERSITY OF MICHIGAN
BOUGHT IN EUROPE
1838 TO 1839
BY
ASA GRAY
..
.
A
to
7
h.
.
DA
410
N43
1
1
'1
I
i
r.
4
۴
}
نی
ة - يا
او بيا په
تا عمي
طه سيدة
S
يه
الميلا
:
1
*
الموقع -
..
دما به
دس
پایان نامه
*
1
}
\
|
*
'
ثم
pin
:
لم
F
او
1
1
*
1
|
"
ما
+
1
1
|
زیر
*
.به
-
سعد
..
F
f
1 .
h
.
.
1
"}
+
-
,
ا
بمص
'N
}
1
1
The Meaning of the Frontiſpiece.
1
T
'n
0
1
1
1
17
HH
HUS black look’t Heav'n, the Lightning thus did.fy;
Thus th' Hurricane o'reſpred the Britiſh Sky,
The Sun in mourning clad, thus hid his Face,
While the Plebeian Starrs'uſurp't his place :
When th’ Royal Sovereign weather-beaten lay
On the proud Billows of the popular Sea ;
Her Rudder loſt, her Main-Maft beaten down,
Her Tackling torn, and Mariners deſperate grown ;
The Captain
from his Cabin driv'n away
In that for ever execrable Day,
(A day confounding as the Day of Doome,
When none ſhall know what is, or is to come,)
By Storms and ſtreſs of Weather was He toſt
Upon His Native, diſ-ingenious Coaſt :
Well might He hope for Sanctuary there,
Where He had plac'd His Kindneſs, and His Care;
Well might He think th’Inhabitants his own,
To whom ſo much Indulgence He had ſhown:
But, ſee the temper of the barbarous Croud,
(Whom nothing fatisfy’s but Spoil, and Bloud :)
They paid no reverence to their natural Lord,
None to His great Liev’tenant did afford,
But laugh’t to ſee Him hòiſted overboard.
God's goods they callid the diſmal Wreck they faw,
And vouch’t their Pyracy by an Heav'nly Law.
Monſters of men den as if the Pow.rs above
Permitted nought, but what they did approve.
From that adjacent HOUSE, behold the cauſe
Of all this Tempeſt, whence perverted Lawes,
Unpreſidented, undetermin’d Power
?
Blaſted our Hopes, and did our Land devour,
A Land like that of Canaan lieretofore,
Till by mad Zeal into Confuſion hurld,
'Twas made the Scorn, and By-word of the World.
1
1
1
1
}
1
+
1
1
I
th
i
:
HI
hr
1
!
1
+
1
LU
L
.
MT
+4
---
- Te
YS
w
-V
W
.
W.. -
SAW
WT
C..
...
f
Liput
*****
والی
22
1
w
.
.
Wh
1
met
w
LY
Mi
1.
I.
nus
LE
-
ham
oran
LLLLLLL
IL
I
-H
-
mܐ
2
Whe
'
.
6
RW laup
pted for A Mene T. Dring B.Tooke, T. Sambridge, &. C. Meares
:
当
​自
​山西
​-
FH="":
半
​1
d
主
​9
.
止
​1
1
3293 3
1
AN
2.37
Impartial Collection
OF THE
Gwat Affairs of State,
From the Beginning of the
SCOTCH REBELLION
EDEL
In the Year MDCXXXIX.
To the Murther
OF
+
King CHARLES I.
g
A
WHERE IN
The firſt Occaſions, and the whole Series of the late Troubles
I N
England. Scotland, * Ireland
Are' faithfully Repreſented.
Taken from Authentick Records, and Methodically Digeſted,
By JOHN NAL SON, LL. D.
+
VOL. II.
Publiſhed by His Majeſtie's Special Command.
.LONDON,
Printed for A. Mearne, T. Dring, B. Tooke, T. Sambridge,
and C. Mearne, MDCLXXXIII.
!
1
+
1
-
1
1
1
:
:
TO HIS.MOST
L
+
Serene and Ercellent
MAJESTY,
King Charles, II.
1
Va
GREAT SIR,
Seces Your Majeſties Gracious Incourage-
ment gave the firſt Life and Being to this
Work, ſo it naturally in all bumble Duty
addreſſes it ſelf, for Protection under the
Wing of Your Favour and Royal Mercy,
which Your Majeſty ſo juftly challenges, as a Virtue
more peculiarly Eminent and Conſpicuous in your whole
Life, then in any of Your Illuſtrious Predeceſſors: It
is Neceflity and not Preſumption, wbich obliges the
Author to Proſtrate himſelf and this Book at Your
Royal Feet; For though the whole World.can. ſhem
nothing ſo Harmleſs and Innocent a's Truth, yet is she
not able to defend her ſelf from her conſtant Enemies,
Malice, Error, and ill Deſigns; nor knows she whi-
ther to flie for a ſecure Refuge,but to the Sanétuary, of
the Great Defender of the Faith; to which the near-
neſs of her Kelation, raiſes in bér a comfortable hope
that ſhe ſhall participate of the ſame Royal Protection.
A
There
11
..
11
11
EP'ISTLE DEDICATOR Y.
There are ſome Perſons whoſe Intereſt it is to lie
bebind the Curtain even in the preſent Age, and who
therefore cannot with patience bear the drawing of it,
ſo as to let in the light into that which is paſt ; left
by comparing former Occurrences, the Temper
, Incli-
nations, Principles and Movements of thoſe Times,
there fhould be diſcovered fo near a Reſemblance be-
tween the Lineaments and Proportions of the paſt and
preſent, as to be too convincing that there is no greater
difference then between the elder and the younger Bro-
ther of the Same Parents, Rebellion and the Good
Old Cauſe. Nor is it ſtrange to ſee ſome ſort of Peo-
ple very angry with the band, which preſents them
with a Glaſs wherein they may ſee the Exact and
true Image of Rebellion and Sedition, when they
can no ſooner look into it but they find their own Fa-
But it would be not only a Wonder, but
a Miracle, if they ſhould not bew their Reſentments
againſt both the Workman and his Work, and by in-
deavouring to hurt bis, to ſecure their own Reputa-
tion.
But Your Majeſties Grace and Favour is ſuch an
Amulet againſt the Poyſon of the moſt Malignant Fa-
&tion, as is able to ſecure the happy Perſons upon
mbom it is bestowed , from the Infection of the moſt
Malicious Breath, and Venemous Tongues ; and in
the Hopes of this, the Author does with all bumility
preſent Tour Majeſty with the firſt opening of the
Scene of that Deplorable Tragedy wherein Tour Glo-
rious Father bad fo large a ſhare of Suffering; there
Your Majeſty may ſee the ſeveral Steps and
Progres-
five Advances wbich thoſé Artiſts in Rebellion and
Uſurpation, made towards the accompliſhment of their
Great Deſign of overthrowing the beſt Monarchy, and
Ex-
ces there.
족
​4
!
1
EP 1 Ở I LE D E DI C A TO & Ý.
Extirpating the moſt Apoſtolical Church in the whole
World. Here may Your Majeſty take a view of the
moſt ſupple Flattery, and deep Hypocriſy of a Confede-
rated Faction, and bow Rebellion, to make the Peo-
ple in Love with her, was repreſented to them in the
Maſquerading Habit and Accoutrements of Religion
and Reformation; how Slavery and Tyranny, thoſe
two dreadful Monſters, walkd in the borrowed Equi-
page of the Liberty of the Subject, and the Funda-
mental Laws, and Birthrights of the People ; and bom
under the Mantle of Redreſſing Grievances, the Na-
tion came to labour under the greateſt Grievance, that
ever the Necks of the Generous Engliſh Submitted to
even the Miſčhief wbich they pretended to fear, abſo-
lute Tyranny, and the moſt Arbitrary Government of
an Vfurping Faction.
Here Tour Majeſty may ſee the true Picture of
the Men of thoſe Principles and Times, drawn from
the Life by their own bards, and in their proper
and natural Colours ; and not only their outward Air,
Mine and Garb, butäthe Picture of tbeir very Souls,
their Thoughts, Aims, Contrivances, and moſt Se-
öret Deſigns, and the black Concluſion; at which all
theſe were levelld, over which tbey ſo Induſtriouſly
drew the fair Vails and Curtains, of Sanctimony and
pretended Loyalty, ſeeming Humility, and counterfeit
Allegiance : Your Majeſty may be conduited intoithoſe
Mines of Sedition, unreaſonable Fears , groundleſs
and unſatisfiable Jealouſies, of the Dangers of Pope-
ry and Arbitrary Government, the very Porder
which blew up the Foundations both of Church and
State; Your Majeſty may ſee their Principal Engines
of Battery, amongſt which, the Liberty of the Freſs;
and, I Bluſh to name it, the Licentious abuſe of the
A 2
Pulpit,
1
1
1
1
EPISTLE DEDICATOR Y.
Pulpit, were not the leaft, or did the moſt Inconſidera
ble Execution towards the Ruin of the Government.
I ſhall not preſume to ſay more, but bumbly Proſtrate
my ſelf at Tour Majeſties Feet, to beg the Liberty to
add my moft fervent Prayers and Wiſhes, to my Sin-
cere indeavours of Serving Tour Majeſty with my
utmost Power: May there be an Emulous Strife be-
tween the Number, and the Glory, of Your Majeſties
Tears: May the conſtant Care of Heaven, and the
Watchful attendance of its Glorious Militia, fill
Guard Tour beloved Life, againſt all the Wicked at-
tempts, of the Enemies of Tour Perſon and Govern-
ment: May every day that is added to Your Sacred
Life, contribute freſh Acceſions of Happineſs and Pro-
Sperity, Peace and Tranquility to Your Auſpicions
Reign ; May Tou Triumph in the Hearts and Affe-
&tions of Your People, and over the Heads of Your
defeated Enemies : And could my Prayers, Wiſhes or
Indeavours prove as Succeſsful as they are Sincere ,
Tour Majeſty ſhould not bave one Subject in all Tour
Dominions, leſs Zealous of Your Majeſties Service,
ſenſible of their Dury and Intereſt
, or ſtudions of Ex-
preſſing their humble Loyalty, then the Person who
bas placed all bis Ambition and Glory, in Indavour-
ing to approve himſelf,
May it pleaſe Your Moſt Sacred Majeſty,
1
}
1
Yoưr Majeſties moſt Humble, moſt
1
!
{
Obedient, and Intirely Devoted Subject,
..
AL'S ON.
1
i
The Introduction
!
Pretexhions of Liberty of the People, Redreſs of Grievances, and Refor-
HERE is certainly no manner of Diverſion of which
Wiſe and Great Men, who indeavour to be really
Serviceable to the true Intereſt of their Prince and
Country, can make more conſiderable Advantages, or
more agreeably ſpend their Leiſure Minutes, then in
taking a true Proſpect and Exact Survey, of the Tranf-
actions and Events of former Times: And of all the
Hiſtorical Landſcapes which have been delineated to the Life; by the
Exacteſt Hands of the moſt able Maſters, thoſe which repreſent the vi-
olent Tempeſts of State, and the dreadful Shipwracks of Kingdoms and
Governments, afford the moſt profitat:le Entertainment; The Glorious
days of Peace ſlide Eaſily, and without Noiſe , down the Stream of
Time, into the Immenſe Ocean of Eternity; and leave behind them very
few Traces of any thing uncommon or Extraordinary, more then the
Remembrance of their happineſs
, and the Emulous Wiſhes of Pofterity,
to ſee the return of ſuch Golden Ages: But the fullen and lowring Times
of Commotions and Diſorders, the dreadful Inundations of Popular Fu-
ry, the Diſmal Events of Civil Rage , Unnatural Rebellions , and un-
exampled Revolutions, produce ſuch infinite variety of ſtrange Actions
and Prodigious Occurrences, as muſt of neceſſity bring both the Temp-
tations of Pleaſure and Advantage, to entertain the Curious, and to re-
compence the Induſtrious.
Time is a Magnificent Structure upon which every Age ſtill builds
ſomething higher ; and from the lofty Battlements of this growing Pile,
every Age has the opportunity of the vaſt Proſpect upon the two Im
menſe Tracts, of paſt and future ; and by comparing the ſeveral Events
of diſtant Times, thoſe of the Preſent are enabled to employ themſelves,
in a very neceſſary, comendable and advantageous. Curioſity and Re-
ſearch, into the Cauſes and Effects, the Methods and Movements, the
curious Artifices, and cunning Intrigues, the outward Pretenſions and
the inward Deſigns, which produced ſuch remarkable Alterations of
Humane Affairs, and ſuch wondrous Turns and Changes in Laws, Reli-
gion and Government; and from thence not only to make probable and
Rational Conjectures of what is paſt, but to draw prudent, neceſſary
and uſeful Deductions and Inferences, and to prepare ſuitable Antidotes,
and Precautions , againſt the like dangerous Diſtempers of the Body,
Politick for the Future; ſince nothing carries more clear Evidence and
Demonſtration along with it, then this Aphoriſme, which has been ju-
ſtified by a thouſand Inſtances and Precedents of moſt undeniable Mat-
ter of Fact. That all the Great Changes which have been made in the
World by the Violent Methods of Commotions, Seditions, and Rebellion,
have ever been mannaged and carried on by the Specious anid Dęluding
À
+
mation
i
+
1
Tragical Acts, which have had their Turn upon the Stage, preſent a
i
The INTRODUCTIÔ N.
mation either of the Civil or Religious Frame of Government. And that it
is no leſs certain ; That the ſame Arts, Principles, and Methods, which
have been ſo Succeſsful in former Ages, to accompliſh the moſt wicked and
infamous Enterprizes ; muſt neceſarily lead Men to the ſame Deſigns, and
naturally, and unavoidably terminate and Centre in the ſame Ends, unleſs
prevented by the timely Application of Suitable and Effeétual Remedies.
And ſince nothing contributes more certainly to the Cure of a Diſtem-
per, then the certain knowledg of the Nature and Cauſes of the Diſeaſe;
and that no Method can be more accomodate to the gaining that necelé
fary knowledg, then the Underſtanding of the true Symptoms, and in-
fallible Diagnoſticks, which are always the fore-runners of the Indiſpo-
ſitions in the Body-Politique, there can be nothing found more condu-
cing to the attaining this neceſſary and uſeful Art, then for ſuch Perſons
whoſe Birth, Quality, Station, or Ability , muſt certainly command
their Service in the Affairs of their Prince and Country throughly to Un-
derſtand the Nature and Circumſtances of ſuch Men and Times, Actions
and Events, as have formerly been the moſt conſiderable of their Age.
There is nothing generally more inviting and agreeable to the very
Genius and Inclinations of humane Nature then variety; and conſe-
quently nothing that affords a more ſatisfactory Pleaſure ; inſomuch,
that not only thoſe gay and
ſplendid Scenes of Peace and Tranquility
which have Crowned the Smiling Brows of ſome happy Ages of the
World, but even the more Cloudy and Tempeſtuous, Turbulent and
delightful and pleaſing conſideration, either that they have had the bap-
pineſs not to have been then in being when thoſe miſerable Revolutions
happened, or to ſuch as were, to have ſurvived the fury of the Storm,
and the common Shipwrack.
And certainly among all the Famous Revolutions which have happen-
ed in the World, no Age or Story is able to parallel thoſe dreadful O-
verturnings which happened in theſe Nations of England, Scotland
and Ireland. Never was any Time ſtored with ſtranger Events, or any
Events accompanied with Circumſtances more Dreadful and Surprizing;
Never was any Tragedy Acted more Barbarouſly, or in leſs time; the
Raging Flames of Civil Diſſention were violently fann'd with the furious
Blaſts of a Whirlwind of Faction, and to that Extremity, that ſuch in-
credible things were Acted in fo ſhort a ſpace, ſo many ſharp encoun-
ters and Bloody Battels, ſo many places before the Wars pleaſant as the
Garden of God, turned into perfect Deſart and Wilderneſs, ſtately Hou-
ſes into Ruinous heaps; and in ſhort, the whole Frame of the Govern-
ment and the face of Affairs both Civil and Religious, ſo wholly altered
and deſtroyed, that it ſeems abſolutely neceſſary to confirm the truth
of them, from Unqueſtionable Monuments, and Authentique Records
and Remains of thoſe Perſons and Times, leſt Poſterity ſhould be apt to
ſuſpect ſuch incredible Relations, as coming nearer to Fiction and Ro-
mance then Reality:
The Seeds of Diſcontent and Jealouſie, which were now ripened into
this miſerable Harveſt of a moſt Violent Rebellion, had been long Sown
and induſtriouſly Cultivated between the Prince and the People, by ſome
Zealous pretenders to a Publick Spirit, whoſe reſtleſs, induſtry was con-
tinually imployed, to ſet up the Popular Pretence of Liberty, againſt the
Royal Prerogative, and of Reformation and Piety and Religion, againſt
the Eſtabliſhed Order and Government in the Church. · This Fiery Spi-
b
.
rit
1
iii
1
The INTRODUCTION.
rit began to appear and to be very Turbulent in the days of Queen Eli-
zabeth; and to Formidable and Numerous was the Party then grown,
that that Princeſs,who is wont to be Magnified by the preſent State arid
Church Diſſenters of our time, with ſuch high Elogies and Encomiums,
found her ſelf under the abſolute neceſſity of repreſſing their Infolencies,
by the ſeverity of Laws, and the putting the Laws in Execution; as is
evident by that Statute of the 35th. of Æliz. Enacted, as the words of the
Statute Expreſly declare, againſt Seditious Sectaries, and to retain the
Queens Subjects in their due Obedience. This ſharp procedure of the
Queens, who now found by Experience that the Crown was beſet by
two dangerous, though oppoſite Factions, of Papiſts, and as they were
then ſtiled Puritans, did for the Remainder of her Reign Extremely
cool the Courage of the Party, and Retard their Deſigns; for the found
by Experience, that their temper was ſuch as was Manageable by Legal
Severities, but inſolent , daring, and unſatisfiable, by Connivence, In-
dulgence, and lackning of the Reigns of Government. But this fort
of People who are wont to Supply what they want of the Innocence of
the Dove by the Subtilty of the Serpent; finding the Laws too Powerful
to be oppoſed by open Violence, betook themſelves to their uſual Crafts
and Artifices of working under ground, and Profelyting as many as they
could, eſpecially of the Nobility and Gentry, to their Perſwafions in
Beligion and Politicks: and by the Witch-craft of thoſe fair Pretences
which they conſtantly made to auſterity of Life ; Zeal for the Purity of
Religion, the Liberty of the Subject, and eſpecially an Extreme horror
and Deteſtation of Popery, to which upon all occaſions, both Publick
and Private they Inſinuated the great inclinableneſs which the Soveraign
Power in the Civil Government, and the Church, by reaſon of the too
near Affinity of the Hierarchy and Liturgy to the Romiſ way, had to
be reconciled and reunited to that Church ; they Poiſoned the minds,
not only of the Eaſy Vulgar, but of many of the Principal Nobility and
Gentry; and by miſrepreſenting all the Occurences of State as having
a Bias and Tendency towards Popery, and Exalting the Prerogative be-
yond its Brunds and Limits; they inſenſibly Stole their Loyal and
Dutiful Affections from the Crown, and their warm Zeal and Piety
from the Church.
Í ſhall not need to deſcend to particulars upon this Subject , though
I think it a matter of that Importance to the fervice of the Publick, that
is capable of excuſing Tautology, and a Theme which will bear Repeti-
tion, without being cenſured as vain ; but I ſhall rather refer the Rca-
der to what is ſaid in the Introduction to the firſt Volume to this pur-
poſe, leſt I might diſguít ſome tender Palates by ſerving up a Cold
Crambe,and thereby give my ſelf the diſappointment of my chief Deſign,
which is at once to give the Readers pleaſure and advantage.
It hall ſuffice therefore to ſay, that the fame Spirit of Faction,
Popu-
larity, Diſcontent and Ambition ſtill increaſed during all the Bleſted and
Peaceable Reign of King James; and the Commotions in Scotland ha-
ving given the Faction a clear Diſcovery and Eſtimate of their Intereſt,
Strength and Numbers, and of the Weakneſs of the Government, the
Revenue of the Crown being fo Diſproportionate to the Expences una-
voidably neceffary to maintain and ſupport the Charge and Dignity of
the Faction laid hold of this opportunity to bring
their long Deſigned and Endeavoured Work, as they termed it, of Refor-
ination, to a Period.
It
1
the Government;
"
F
+
1
iv
The INTRODUCTION.
It may be remembred how the Scottiſh Rebellion inſtead of coming
to the deciſion of the Sword, according to the Opinion of the Wife
Earl of Strafford, had been ended by a Treaty, which was ſucceeded
by the calling of the Fatal Parliament of November 3, 1640. The
Commons Houſe of this Parliament was compoſed of ſuch Perſons, as
had manifeſted their great averſion to the King and his Government,
and who finding the King Extremely preſſed by the neceſſity of his
Affairs, and under the uneaſie burden of great Debts, contracted both
formerly, and by the two Expeditions againſt the Scots, they now Re-
ſolved to make a Virtue for their own Affairs of His Majeſties Necef-
ſity. And moſt of the Principal and Leading Men of the Faction,
knowing their preceding Actions ſuch as rendred them obnoxious to
Juſtice, according to the Obſervation of the Hiſtorian, Pænâ & cala-
mitate publicà fibi impunitatem Spondent ; They ſought their own pri-
vate Security, though at the Expence and even Ruine of the Publique
Peace.
And certainly, as the ſucceeding Revolution had been long under De-
liberation, the Difficulties which the Faction law they were to Encoun-
ter, in compaſſing the alteration of Government both Civil and Eccle:
ſiaſtical, made them extremely cautious in the Management of their
Affairs; and their oppoſition to the Governinent having made them
great Maſters in all the Arts of Popularity, and underſtanding the Tem
per and Genius of the Times, they proceeded by all the Regular ſteps
of Cunning and Artifice, towards the Accompliſhment of their great
Deſign. And therefore before they came to Extremities, they not only
fortified themſelves, with the Power of a Numerous and Tumultuous
Party, but by the moſt Solemn Profeſſions of Duty and Loyalty, with
which all their Petitions and Remonſtrances were guilded over, by
promiſes to Eſtabliſh and Augment the Royal Revenue, and make his
Majeſty the moſt Glorious and Potent Prince of Europe, they not only
deceived many of the Real Friends of the King and Monarchy, but per-
ſwaded His Majeſty to ſuch Compliances and Conceſſions, as in con-
cluſion they most wickedly miſ-employed to his Ruin and Deſtruction.
Never did any of his Royal Predeceſſors beſtow a favour of ſuch dan-
gerous Latitude upon their Subjects as the Bill for making the Parlia-
ment perpetual, by putting it out of his power to Diſſolve them with-
out their own conſent ; and never did any Subjects ſtretch ſuch an un-
preſidented Grace and Liberty more to the Prejudice and utter Ruine
of a moſt Indulgent Prince. And it is eaſily obſervable, That after
the Faction had got this Flower out of the Crown, they drove on amain
towards the great End of their work, which was as the Scots had done
before, to new Model the Goyernment of the Church, and by the De-
inocratick Form of Presbytery in the Eccleſiaſtical, to Level the Way
towards the fame in the Civil State ; for they were now already a Vé
netian Senate, and reſolved to clip the Wings of Monarchy to that de-
gree, as to bring down the Soveraignty, into a little kind of Dukedom,
or Stat-holders Authority, which they might either manage at their
pleaſure, or reject at tlreir diſcretion.
Arch-Biſhop
And this Deſign was no more then what was long before obſerved
upon Pfal.123. to be in the Intentions of the Faction, and too truly predicted by the
incomparable Dr. Laud Arch-Biſhop of Canterbury, in a Sermon Prea-
ched Feb. 6th 1625, at the opening of the Parliament.
Lauds Sermon
V, 3, 4i S.
And
+
V
Reader will meet with in the enſuing Collections, ſome of which are
The I N Í Ř OD U Ċ TION:
And one thing more, faith thåt judicious Prelate, I'le be bold to ſpeak
out of a like Duty to the Church of England, and the Houſe of David ;
They
, whoever they be, that would overthrow Sedes Ecclefiæ, the Seats
of Ecclefiaftical Judgment, will not ſpare, if ever they get Power, to have
a pluck at the Throne of David. And there is not a Man that is for
Pärity, all fellows in the Church, but he is againſt Monarchy in the State :
And certainly, either he is but half headed to his own Principles, or he
can be but half hearted to the Houſe of David. And how exactly he
hit the Truth in his Conjecture the Event did moſt Tragically juſti-
fie.
But ſtill the Power of the Sword, the Militia of the Nation, hung
territly, as they thought by the ſingle hair of the Kings Authority,
over their heads; and their fears of a future account, if ever their So-
veraignty ſhould come to a Period, and the ſuſpicion that this Gordian-
knot which they had ſo ſtrongly woven, though it could be no other
way untied, might yet be looled by Alexander's Method, made themi
extremely Sollicitous, to wreſt that Power out of tlie hands of the
King. And to effect this, all thoſe Plots and Contrivances which the
manifeſtly detected to be Falſe, Forged, and Ridiculous, were with the
utmoſt Induſtry improved and magnified, to run the People headlong
into Tumults, Mutinies and Rebellion : There was the Plot of the Ar-
my againſt the Parliament; the Plot againſt Pym by ſending him an
infected Plaiſter in a Letter, the Plot in Scotland againſt Hamilton and
Arguile, which was to beget another of the fame Nature in England;
Beal the Taylor's Plot of 104 Meni, who for 40 s. apiece for the Com-
mons, and 10 l. for Lords, were to kill juſt ſo many of the Lords and
Commons to a Man; there was the Plot diſcovered in a Letter to Mr.
Bridgman ; information of French, Spaniſh, and Daniſh Plots, beſides
great Plot of the Papiſts and Biſhops to Lring in Popery, and the
King and his Evil Councellors, to deſtroy Privileges and Parliaments,
arid to fire the City, and cut the Throats of the Citizens.
Now all theſe Plots Centred in this one Point, that the Kingdomi bez
ing in ſuch extreme Danger, not only from Foreign Enemies, but Do-
meſtique, the People could have nó manner of Security for their Lives,
Liberties, Eſtates or Religion, unleſs the King would truſt the Parlia-
ment with the Power of the Sword, the Militia of the Kingdom, the
Navy, Forts, Garriſoris, Caſtles, Magazines and Stores, and more eſpe.
cially the Tower of London, and the Towns of Portſmouth and Kinga
fton uponi Hull; that ſo by their Order and Appointment ſuch Per-
ſons as His Majeſty thought fit to beſtow thoſe Truſts upon might be
diſplaced, and ſuch as the Parliament could confide in, the Creatures
of the Faction, might have thoſe important Truſts and Chargés con-
ferred upon them.
Whilft the People, continually amuſed and alarm'd withi theſe ap
prehenſions of Danger, which the Faction perſwaded them threatned
them from
every quarter of the Heavens, were blotvn up into an Uni-
verfal Ferment of deſperate Fears and incurable Jealouſies; the Horrid
Rebellion in Ireland broke out, which gave ſuchCountenance and Com
lour to all the former, though never fo fictitious Rumors of Plots and
Conſpiracies, that the Nation was all in a Flame, and under the moſt
dreadful Apprehenſiónis
, that the very fame Deſign was laid for the Ruin
and Deſtruction of England, which gave the Faction all the Confidence
Vol. II.
and
the
។
á
1
.
vi
The INTRODUCTION.
and opportunity they could have wiſhed or deſired, to ſeize
upon
the
Militia by force, which they could not by perfwaſions obtain from the
King, who now evidently faw, where all their fine Pretenſions to
Loyalty and Duty would moſt certainly Terminate. And ſo reſolutely
were they bent upon this Uſurpation, that they permitted the Rebel-
lion in Ireland, for want of timely Supplies of Men and Money to ſup-
preſs it, to grow to that formidable height, as to put England to the vaſt
Expence of Blood and Treaſure, which it did afterwards by the neglect-
ing to extinguiſh this fire upon its firſt Eruption.
Nor was this the only Uſe which the Faction in the Two Houſes in
England made of this Rebellion in Ireland. For when afterwards they
came to break out into a Rebellion themſelves, certainly not leſs hor-
rible and deteſtable, ſince they pretended to be acted by a Religion
which hitherto had decried Popery upon the very ſcore of allowing
Principles of Rebellion, depoſing and murthering Lawful Princes, the
Parliament in their Papers, Anſwers and Declarations, ſecretly reflected
upon the King'; and by their impudent Agents and Emiſſaries, and the
allowed Scriblers and News-Printers, the very Peſts of the Age, openly
publiſhed, that the Rebellion in Ireland began by his knowledge and
connivance, and by that means they laid all thoſe Maſſacres and Mur-
thers which were there moſt barbarouſly committed, at His Majeſties
door, and by heightning the Infamous actions of the Rebells there, with
the moſt aggravating Circumſtances of Inhumanity and Cruelty, whilft
they fecretly inſinuated the King to be concerned in them, they cer-
tainly robbed him of the Hearts and Hands,the Allegiance and Affections
of his Subjects.
I cannot therefore but eſteem it a Duty which common humanity
challenges from all mankind, to indeavour the vindication of the inju-
red and oppreſſed ; but I look upon my ſelf as under the fevereſt Ob-
ligations of Chriſtianity, Conſcience, Truth and Justice, to clear the Re-
putation of this Royal Sufferer, from the horrible Detractions, Slanders,
and Calumnies, with which thoſe brutiſh Rebels did not only blemiſh
his Life and Actions, but have moſt barbarouſly perfecuted his Inno-
cent Memory, indeavouring therefore to make him appear Criminal,
that their hands which were died in his Sacred Blood might appear
leſs Guilty. And I ſhall eſteem it a very ſingular Honor, and the
grea-
teſt Glory of my life, that Providence has given me the opportunity
to be in ſome meaſure Inſtrumental toward the fulfilling of that
pro-
'Eszáy Bzolvent phetick Paſſage in his incomparable Book, where he hath theſe words
concerning the Jealouſies raiſed, and Scandals caſt upon him by his
Enemies.
For Mine Honour, I am well aſſured, that as Mine Innocency is clear
before God in point of any Calumnies they Object ; ſo My Reputation ſhall
like the Sun (after Owles and Bats have had their freedom in the Night
and darker times ) riſe, and recover it ſelf to fuch a Degree of Splendor,
as thoſe Feral Birds ſhall be grieved to behold, and unable to bear; for
never were any 'Princes more Glorious then thoſe whom God hath ſuf-
fered to be tried in the Fornace, of Afflictions by their injurious Sub-
jects.
I am very ſenſible, that in purſuing the Hiſtorical Account of the
Iriſh Rebellion, I ſhall have the management of a very difficult. Pro
vince, there being a fort of People, who think there can be no Hyper
bölies in aggravating the blackneſs of the Iriſh Rebellion, though åt.ché
Feme!
1
cap. IS.
r
*
vii
2
1
II
of the Charity of a good Chriſtian, he ſhall be purſued with the odious
alperate but render the Iriſh Deſperate, as will appear by ſeveral 6f|
The INTRODUCTION.
ſame time they think every little reflection too hard and ſharp, that
the Engliſh Rebellion. And if a Writer cannot deveſt
himſelf not only of the Humanity of a juſt and generous Heathen, but
Reproaches of a Favourer of Popery; and therefore I muſt avow my Re-
ſolution to be honeſtly to follow the Conduct of Truth, without the
leaſt declining on any hand to the beſt of my Underſtanding and In-
formation ; and in order to that Procedure, though I think, and upon
all occaſions ſhall indeavour to make it appear, that the Rebellion of the
Iriſh was à moſt Horrid and Treaſonable Defection from their Duty
and Loyalty, and carried on with moſt barbarous and unexampled Cruel-
ty; yet I ſhall not exactly follow the ſteps of ſome other Perls, who
have undertaken to give an account of the Tranſaction of the Affairs
of that time ; ſince to me it is evident that they have not dealt fairly,
neither with the King nor Loyal Party, nor indeed with Truth her
ſelf ; but have concealed ſome things and palliated others, which in Ju-
ſtice they ought not to have done; and whatever opinion others inay
have of ſuch half-faced Hiſtorians, I cannot conceive but that even the
Cauſe of Proteſtancy which theſe Perſons pretend ſo much to Patronize,
does extremely ſuffer by their manifeſt Partiality.
There is not any one particular which hath been Exaggerated with
more vehemence then the Cruelty of the Rebels, by Sir John Temple,
Dr. Borlaſe, and others; and doubtleſs their Cruelty was ſtrange and
barbarous, but then on the other ſide there is not the leaſt mention of
any Cruelty exerciſed upon the Iriſh, or of the hard meaſure they
received from ſome of the Board in Ireland, who were of the Parlia-
mentarian Faction, and Scottiſh Religion, which rendred them deſpe-
rate, and made the Rebellion Univerſal , they take no notice of the
Severities of the Provoſt Martials, nor of the Barbariſm of the Soldiers
to the Iriſh, which was ſuch, that I have heard a Relation of my own,
who was a Captain in that Service, Relate, that no manner of Com
paſſion or Diſcrimination was fhewed either to Age or Sex, but that
the little Children were promiſcuouſly Sufferers with the Guilty, and
that if any who had ſome grains, of Compaſſion reprehended the Sol-
diers for this unchriſtian Inhumanity, they would ſcoffingly reply,
Why > Nits will be Lice, and ſo would diſpatch them: And certainly
ás to acknowledge an undeniable Truth, does in no manner Excuſe the
barbarous Cruelty of the Rebels ; ſo to deny or ſmother Matters of Fact,
ſo eaſily to be proved, even by many Proteſtants ſtill alive, has gi-
ven the Papiſts the advantage to bring into Queſtion, eſpecially iri Fo-
reign Courts and Countries; the truth of all thoſe inhumane Cruelties
which are charged upon them by ſuch Writers as are found Guilty of
ſuch manifeſt Partiality.
It is moſt evident that the Lords Juſtices, Parſons and Borlafo did
by their Authority Command many things, which did not only Ex-
their own Letters, and publick Acts of State ; and that in the firſt E-
ruption of the Rebellion, they had a greater Eye to the Forfeitures of the
Rebels Eſtates, then to uſe ſuch means as might by the hopes of Par-
don induce the better fort. of the Nobility, Gentry, and Freeholders to
hear Reaſon, and to come in and ſubmit themſelves to His Majeſties
merčý, though they had expreſs direction from the King and the Two
Houſes fo to do ; and it is no leſs notorious, that Sir John Temple in
writing
t
1
a ž
...
1
viii
i
The I NT RODUCTION.
writing his Hiſtory was bound by Confederacy to aſſert the proceed-
ings of the then Lords Juſtices : and I cannot find him high in Repü-
tation with the prevailing Uſurpers of the Parliamentarian Faction, and
by them impowered as a Commiſſioner to impoſe upon the Proteſtant
Subjects of Ireland, that Traiterous, Diſloyal and Deteitable Solemn
League and Covenant, which was a direct Oath of Confederacy, not
only againſt, but purpoſely to Ruin and Deſtroy the King, the Church,
and the Loyal Party ; I cannot obſerve his Book to be Printed in Lon-
don by publick Allowance in the Year 1646, at a time when no Books
were licenſed but ſuch as made Court to the prevailing Faction of the
Uſurpers, or which might be helpful to ſupport their Calumpies againſt
His Majeſty, eſpecially as to the Iriſh Rebellion ; I cannot find him de-
crying the Ceſſation of 1643 without too juſt a ſuſpition of his Integri-
ty, and that his Biaſs was too ſtrong to that Party, to wlich he was a
Confederate, to expect from him an account of thoſe Affairs, without
the apparent Guilt of prejudice and parciality.
The late Earl of Orrery cannot eſcape
the like fufpition with ariy Per-
ſon, that conſiders him Exerciſing the Talent of his Eloquence, in per-
ſwading the notorious Rebel Cromwel to Eſtabliſh his Uſurpation, by
fixing the Royal Diadem, tlie Imperial Crown of theſe Realms upon his
infamous Head ; nor is it poſlible to look upon him as an impartial
Writer, who in the blackeſt of times, rendred himſelf by his Services
to the Uſurper ſo notoriouſly Conſpicuous to the Three Kingdoms; be-
ing, during that gloomy Scene of our Gracious Sovereign's Baniſhment,
Lord Preſident of Munſter in Ireland, Preſident of the Council of Scot-
Land, and in England a Lord of the other Houſe in one of the Uſurpers
mock-Parliaments ; and to inſtance in anotlîer of his Titles,thð not to Il-
luſtrious, he was Agent for the Fanatiques Eſtabliſhed by Cromwel in
the Eſtates of the Iriſh, who, repenting of their folly, had ſerved His
Majeſty againſt the Engliſh Rebels
, at that time when he writ that
Treatiſe which is ſo warmly anſwered by Peter Walch.
As for Dr. Borlaſe, beſides the nearneſs of his Relation to one of the
Lords Juſtices, and his being openly and avowedly a favourer of the Fa-
ction, and the Men and Actions of thoſe times; he is an Author of ſuch
ſtrange inconſiſtency, that his Book is rather'a Paradox then a Hiſtory;
and it muſt reeds be fo, for; I know not by whât accident, the Copy of
Manuſcript, written by the Right Honorable the late Earl of Cláren-
don, happening to fall into his hands, he has very unartfully blended
it with his own rough and unpoliſhed heap of Matter; ſo that his Book
looks like a curious Imbroidery lowed with coarſe thread upon a piece
of Sackwebb : :And truly had he no other Criñne but that of a Plagiary,
it is ſuch a ſort of Theft to ſteal the Child of anotliers Brain, that
may
very well render him ſuſpected not to be overſtockt with Honeſty and
Júſtice, fo neceſſary to the Reputation of an unblemiſhed Hiſtorian;
but įtriis far more unpardonable, to caſtrate the Lawful'Iſſue of another
Mdas Pen, and thereby diſable it from propagating Truth, and to teach
it to ſpeak a Language which the Parent never intended : And yet
this is the exact Caſe of Dr. Borlaſe's Hiſtory, in which he has taken
great(Pains, to expunge fome, and alter many Paſſages, which he thouglit
wereltoo poignant againſt his Favourites, or ſpoke too much in Vin-
dication of his late Majeſty, and his Miniſters, as in divers particulars
hereafter the Reader will obferve.
1
1
1
1
.:
The
IF
+
1
0
!
1
id
1
The INTRODUCTION.
The World iš threatned with a Hiſtory from another hand, which
when ever it comes, will lie under the ſame diſadvantages with theſe
former Authors; and if it may be prejudged by a Specimen already
made Publick, it will not be very fortunate in the World, nor fail of
being Sifted and Expoſed, if it does deſerve it, by ſtraying from the
Road of Truth, and leading the World into the Crooked Meanders of
Erroneous Partiality.
And now having given an account low fenlible I am of the miſtakes
and failings of thoſe who have travailed before me in theſe Iriſh Tranſ-
actions; I am to acquaint the Reader that my Intention is to Winnow
the truth out of their Writings, but not to follow them further then good
Authority concurring with them ſhall incourage me ; and that I have
no intention to diſclaim any thing in them, but ſuch things, as are ei-
ther miſtaken or miſrepreſented in inatter of fact, or Written with the
ſtrong bent of Partiality, purpoſely, to ſupport the Infamous Detracti-
ons and Calumnies, of the late times of Rebellion, whičh were thrown:
upon the King, and his Royal Adherents and faithful Miniſters: Nor
would I have the Papiſts think they have found in me an Advocate for
their Cruelties and Rebellion, ſince I do aſſure them I do utterly detest
.
and abhor Rebellion and Cruelty in all Perſons and Perſwaſions what-
ſoever ; and that, though I intend not to do them the favour to make
their Actions better then they are, by doing as others have done, in in-
deavouring to make them worſe, they may be aſſured I will repreſent
them as they were; and that will be too black, without any thing
added more then truth, to tempt any Perſons to fully their own Re-
putation, by Excuſing, much leſs Indeavouring to juſtifie ſuch Ho
It is not impoſſible but the Reader may be a little ſurprized with the
Expectation, fince I decline the Common Paths of theſe Authors, what
Star I ſhall find to Steer by in this dangerous and Tempeſtuous Ocean :
And truly I muſt confeſs, I fliould have laboured under very great dif-
ficulties and much uncertainty in theſe Iriſh Affairs; but that the truly
Great and Noble Prince James Duke of Ormond, whom I muſt never
mention but with that reſpect and veneration wlich lie juſtly challenges
from the whole world that have the honour to know him; has been
pleaſed out of his great Generoſity, to afford his aſſiſtance, to the car-
rying on of this difficult Work. And I hope it will add not a little to the
Reputation of this Hiſtory, that it has the honour to be obliged to his
Grace; whoſe Part in the Chief Management of the Troubleſom Af-
fairs of that Miſerable Natioři, as it mult of neceſſity therefore render
them intimately known unto him, ſo the Great Character of unſpotted
Loyalty, and Honour, which is ſo undeniably his Graces due, will fu-
perſede all manner of diſpute of the Integrity of the Relation.
But if there ſhould be found ſome bold Infidels, as there have been ſome
who have queſtioned the truth of the moſt indiſputable things, who
will make any ſcruple of either the Engliſh or Iriſh mátters herein
lated, they ſhall have the affurance of ſuch unqueſtionable Authorities;
as shall be ſufficient to give ample ſatisfaction, to thoſe who are not
abſolutely reſolved to disbelieve even the Teſtimony of their own Sen-
know I ſhall in the fhort Progreſſióni which this Volumé makes in
point of time;
very much diffappoint the Expectation of divers Per-
fons', who poſtibly will think to receive a finished Piece; but truly
when
Actions.
re-
Fes:
1
.
1
X
ܪ
I am
The INTRODUCTION :
when they conſider that I my ſelf am not only a Sharer, but the great-
eft Sufferer by this diſappointment, and that I am ſtill Condemned to a
task, which whoever will make a Tryal of one of the like nature, ſhall
not find very eaſy, I am not out of hopes but I ſhall deſerve their Par-
don, rather then any Reſentment; and if they be ſuch as will give this
Bnok the Reading, I hope it will make its own Apology; and if they be
not ſuch, an Apology is needleſs.
I have little more to add, to detain the Reader from looking into the
Book, but to make good my own Profeſſion which I will conſtantly a-
bide by, to be ready to throw the firſt Stone my ſelf, at whatever is an
Adulteration of Truth and Hiſtory; and truly I am too ſenſible of the
tenderneſs of my own, not to conſult the Reputation of others; and muſt
declare my ſelf a profeſſed Votary of that Golden Rule of Quod tibi fieri
non vis, alteri ne feceris. I muſt therefore indeavour a Reparation to a
Gentleman to whom a Paſſage in the firſt Volume of theſe Collections
hath been Injurious, and think my ſelf bound in Honour, Conſcience,
and Juſtice, to do whatever I can, to deliver him from the injury by
making the Acknowledgement and Retractation as publick as the mi-
ſtake. And truly looking upon the Accident in his Family, as that
which I thould eſteem one of the greateſt misfortunes in my own;
reſolved to do him all the Right I can, by taking off the Miſrepreſenta-
tion, which ſeems to have added miſery to the Afflicted, a cruelty, at
which as my Inclination naturally recoiles, ſo I hope I ſhall never have
the wilful Guilt of it charged upon me.
The matter is this, Pag: 496. of the firſt Volume, there is a Speech
of Sir John Hollands, to which this Marginal Note is added, viz." This
Gentlemans Lady was a Roman Catholick, and his Daughters by his own
conſent, and Covenant of Marriage, were Educated in the Romiſh Religi-
on, and diſpoſed into Nunneries Leyond the Seas, as 'tis confidently report-
ed in his own Country.
I will not draw an Apology from the Confidence of the Report, or
the Credit of the Reporters, but acknowledge ingenuouſly, that in fo
tender a Point, I ought to have acted with more Caution and upon
greater Aſſurance; but the truth and foundation of the Report, as I
have it from Sir John Holland himſelf, was thus in fort; That his el-
deſt Daughter having been tampered with, and diſſettled in her Religi-
on, by ſome of the Romiſh Prieſts, notwithſtanding all the Authority
and Arguments of a Parent, added to the powerful perſuaſions of the
Right Reverend Dr. Morley, now Biſhop of Wincheſter; the remained
obftinately reſolved, to Embrace the Romißh Religion: and finding little
Countenance from her Father, taking the opportunity of his abſence
from London, in diſcontent, and to gain the Liberty of her Conſcience as
ſhe pretended, ſhe made her eſcape into Flanders, and without the con-
ſent or Privity of any of her Relations, and to their great Affliction, the
became profeſſed in the Nunnery at Bruges. And as this was a great
misfortune in it ſelf, ſo I eſteem it one, to have been acceſſary to make
it greater, which ſtill I muſt
aver to have been purely by accident and
without the leaſt mixture of Malice, or knowledg of the contrary , Sir
Foln Holland being
at that time, and ſtill a perfect ſtranger to me, and
falling under no other conſideration with me, then other Perſons of that
time, concerned in the Publick Affairs : however to do him and truth
all the Juſtice I can, I will give Order that this Marginal Note ſhall be
Expunged, in any future Impreſſion of the Book, and ſhall hereafter
។
make
How
H
'1
.4
1
The INTROD LICTION.
xi
;
mike this advantage by this accident, to be cautious not to publiſh any
thing but upon very fufficient Authority, and to difvalue Reports how
confident ſoever, that have not a certain Foundation of undoubted rea-
lity to juſtific and ſupport them.
Sir Foln Holland makes ſome Exceptions to the Speech it felf, as not
exactly agreeing with the Original Spoken by him, and for my own
particular, I do not conceive my ſelf under any Obligation to vindicate
the honeſty of the Collector and Publiſher of thoſe Speeclies; it fuffices
to my Juſtification that I find thoſe Speeches, Printed and Published
without Comptrol, Animadverſion, or any mark of Diſpleaſure or Ficti-
on then put upon them by thoſe whoſe Intereſt it was, and who had
Power cnough to have done it : And whether ever ſuch were ſpoken,
the ſuffering them to appear in print, and to be diſperfed throughout
the Nation, was of as ill Influence to the Publique, as if they had been
real ; and yet I am not without good Authority, that divers of thoſe
Speeches were the true Children of thoſe Parents, át whole Doors they
were laid, ſeveral of them being entred in Reports of Conferences, upon
the Lords Journal.
But ſtill I muſt do right, wliere I am fatisfied that it was an Artifice
of the Faction to delude the People by ſuch Speeches, Printed under the
paffable Authority of Conſiderable Names, and if eitler Sir Folini Hol-
land, or any other Perſon can by fair Authority convince me that they
were in this Nature impoſed upon, I fhall not decline doing him or
them the Juſtice I ought to do, of an Impartial Collector, who has no
manner of Animoſity againſt Perſons, but the Actions of the late times
and thinks himſelf under an indiſpenſible Duty to his Prince, Country,
and Conſcience, to the utmoſt of his power to detect and expoſe the
Artifices and Methods, which occaſioned thoſe dreadful and deteſtable
Revolutions, and the intire Subverſion of the whole Frame of the Go-
vernment both Civil and Eccleſiaſtical ; among which, theſe Printed
Speeches
, whether ſpoken or not, had not the leaſt ſhare in deluding
and animating the People to the following Rebellion.
An Inſtance of the wicked Licentiouſneſsiof thoſe Times, in ſlurring of
Speeches ſometimes upon worthy Gentlemen, as I have from good Au-
thority, may be ſeen by thc Speech fathered upon Sir Edward Hales, a
Gentleman, whoſe known Loyalty made him a very great Sufferer in
the times when the Tyranny and Arbitrary Government of the Facti-
on of the Two Houſes of Parliament bore all the fway; which was thus,
One Talboy a buſie prating News-monger, being deſirous to Exchange
a Speech he had pick’t up, for another which he wanted, he went to
a Scrivener at Temple-Bar, who then Traded in ſuch things, who refu-
fing a Speech without a Name to make it Currant Coin, Talboy ſtamp'd
on it that of Sir Edward Hales, and for a while it paſſed as his ; but
notice being taken of it, Sir Edward Hales conſulted his Friends, Mem-
bers of the then Houſe of Commons, to adviſe what was fit for him to
do, towards vindicating his Honor from the Scandal which Talboy had
put upon him ; but Sir Norton Knatchbull
, who is yet alive to atteſt
this
, and the reſt of his Friends were of Opinion, that conſidering the
deſpicable Credit of the Fellow, and the improbability of the Aſperſion,
To inconfiitent with the known Integrity and Loyalty of Sir Edward
hlbless it was more adviſable to take no notice of the Impoſture, then
to make the Speech more publick by the puniſhment
of the Impoſtor :
by which means Talboy eſcaped the laſh, and the Speech got urider that
'1
Name
Lt
1
xii
i
The INTRODUCTION:
Name into the Preſs, and out of that into the World.
There are ſome other Marginal Notes in the firſt Volume concerning
the Members of the Convocation, which by miſinformation are mi-
ſtakes, but they are only ſuch as can do no hurt, being only the at-
tributing ſome honours to ſome Names which they never enjoyed. But
I am of the opinion that St. Auguſtine never writ any thing that more
became him then his Retractions, and I hope the Ingenuous Readers,
will from my willingneſs to acknowledge the ſmalleſt miſtakes, do me
the honour to believe that I do above all things ſtudy ſincerity, and
that I will not in any thing, to the beſt of my underſtanding, impofc
Faldhood for Truth upon the World, or be guilty of miſleading Poſtc-
rity into Errors, whilſt I pretend to gratifie them with the moſt au-
thentick and undiſguiſed account of the Publick Tranſactions of thoſe
Things and Times, with which I entertain them.
I have but one word more to add ; I am ſenſible that I have already
fallen under the diſpleaſure of ſome Perſons, who having been Eminent
Actors in the late Times againſt the King and the Government, and are
yet Survivers and living Monuments of their own Guilt, and the unex-
ampled Clemency of their moſt Gracious Sovereign ; are extremely
uneaſie at the account that is liere given of thoſe Times : For my par-
ticular, I muſt diſavow my having any Perſonal Animoſity, but true-
ly thoſe who find themſelves offended by any matters in theſe Cola
lections, which are unjuſtifiable or diſreputable to the Authors and Actors
of them, if they be ſuch as have ſincerely Repented of thoſe paſt Errors
and Actions, will be ſo far from being diſpleaſed to ſee them Expoſed and
Condemned, that they will be ready to do it themſelves, thereby to
make ſome compenſation for the former Ills they have been acceſſary
to; and if they have not yet by a thorough Penitence Attoned Hea-
ven, and procured an Act of Oblivion there, as well as: the Clemency
of his Majeſty has given them.one here, it is high time for them to go
about it, and it is a piece of Charity to put them in mind of it, as this
Hiſtory does, for which I ſhould rather'expect their thanks, thân their
anger and diſpleaſure ; and I am ſure if they conſult their future Inte-
relt, and the little time they can hope to have ſtill left for the perfor-
mance of ſo great a Work, there can be no Service ſo advantageous in
Reaſon, how unwelcom loever it may be to Paſſion and Prejudice, as
that of a faithful Monitor, who gives them warning to eſcape the grea-
teſt of all Miſeries and Dangers.
2.
1
1
1
*
1
1
AN
1
1
TOSHINOW
EN DIEOVEST TOUT
..............'
:
Thini
19
AU
畢業
​elle
.
Sau
BMW
:
:
:
.
BESTE
学
​這​》
.
Ant. Van Dyck pinxit.
R.Write Faupfit.
WIN
WE
www.ml
WA
SEN
THOMAS EARLE
VilcountWentworthBaron
honſe Newmarch, Overſley,
and Generall Governor of the
Preſident ofy Councilleftabliſhed.
L'Lieutenantoff County Yüity of
Privy Counceland
Knight of y
OF STRAFFORDE
Wentworth of VertnorthWVoda:
Paby 'Lievtenant Generall,
Kingdome of Ireland, and I
in North parts of Englang
most Noble order of y Garter
WWW
SK
$
Printed for A. Mearnie T.Dring BTook T:Sambridge and C. Mearnes
..
AN
Impartial Collection
OF ALL THE
MEMORABLE EVENTS
FROM
The Scotch Rebellion, to the King's Murther.
Volume II
12
The Hiſtory of the Earl of STRAFFORD.
in
I 641.
A
LTHOUGH many Ages and Hiſtories afford us
great Variety of Examples, to convince us of the inſta-
bility of Humane Affairs, and that no perſons have a
more dangerous Station than ſuch Great Miniſters of
State and Royal Favourites,as are mounted to the Lofty
Pinnacles of Honour; Yet I think our Country has
not produced any Inſtance,of the Treachery of Fortune,
fo ſignally remarkable, as this of the Noble Earl of Strafford; a Perſon in
whoſe Character Every thing conſpired that could make a Subject Great.
And certainly had he lived in any other Age than that wherein the Tur-
bulent Whirlwind of Rebellion and Diſloyalty, threw down all before it,
his Great Wiſdom, Learning, Courage and Loyalty would have rendred
him one of the greateſt Lives, that ever adorned the Engliſh Chronicles,
as well as one of the Wiſeſt Statesmen and Ableſt Miniſters, that ever
ſupported the Britiſh Throne; and how great an Intereſt he had in that
Weighty Employment, both the Envy of his, and the Enemies of the
Royal Seat, and the Miſerable Fall of that Illuſtrious Empire of which he
was ſo main a Pillar, will abundantly manifeft: and indeed they who
will pull down the Throne of Solomon, alwayes firſt endeavour to remove
and deſtroy the Lions that ſupport it.
This Great and Illuſtrious Man was deſcended of an Honourable and
Ancient Family, born to an Eſtate fufficient to maintain his Quality in
the Rank of Reputation which he held in the World; but he was alſo
born with a Mind ſo Great and Generous, and a Genius ſo Elevated above
the Lower Orb wherein he moved, as could not ſuffer him to continue
long in that ſafe Obſcurity of a private Gentleman.
King James dying, left his Son a Diſcontented State and an Empty
Treafury, tivo Misfortunes, then which, no Prince can well be ſuppoſed
Voli 2.
B
to
***
H
2
An Impartial Collection of all the memorable Events
I 6 4 I.
;
+
to have greater ; Neceſſitous Princes having ever been forced to
part
with
a great meaſure of their Prerogativc, to inable them to keep and ſupport
the remainder: and King Charles the Firſt comirs to the Crown, found
it ſtuck with Thorns inſtead of many of thoſe Jewels which had adorned
the Temples of his Royal Predeceſſors : To Extricate himſelf out of thoſe
Difficulties, he Summons a Parliament, and layes before them the Ne-
ceſſities of the Crown and demands their aſſiſtance by Supplies of Money,
for managing the Palatinate Warr,in which they had involved his Father,
and which, with the Crown, was devolved upon him; but the Com-
mons inſtead of Money, preſented him with Two Petitions, one about Re-
ligion, the other about Grievances; and in the Concluſion, they fell
ſeverely upon the Duke of Buckingham, who by reaſon of the Great
Favour of his Prince, was fallen under the Popular Envy and Hatred ;
and the Debates running very high, the King Diſſolved the Parliament
and a Second being in the ſame ſtrain, and no money to be had, Kad alſó
the ſame period, of which the Reader will receive a more full Account in
the Introduction to theſe Hiſtorical Collections, whither to avoid Repe-
tition he is referred.
The Neceſſities of the King daily increaſing, recourſe was had to Ex-
traordinary Methods of raiſing Money ; and among the Reft, that of
Loan, by virtue of a Warrant under the Privy Seal to Gentlemen of
Eſtates, was made Uſe of, and one of theſe Seals being ſent to Sir Thomas
Wentworth for 40 l, he declined the Payment of the Money, as intrench-
ing upon the Property of the Subject'; whereupon he was confined, as
were leveral other Gentlemen upon the fame Occaſion.
By which ſuffering, he became Exceeding Popular, and look't upon as
a Confeffor for the Liberty and Property of the People, and in the Fol-
lowing Parliament, whereof he was a Member, and in which he began
to diſplay his great Parts and Abilities, upon this Occaſion, he came to be
much taken notice of, and obſerved, even at the Court, as a Perſon of un-
common Abilities; and the gaining of him to the Kings Intereſt was, by
thoſe who managed the Publique Affairs, thought might contribute much
to the advancement of the Kings Intereſt and Service.
But how unſucceſsful this Procedure of gaining Men of Ability by
Preferments, and rebating the Edge of Popular Spirits by Honors and
Advancements to Places of Truſt, proved to the Intereſt of the King, not
only the Event, but Reaſon, upon which it is Naturally Founded, does
moſt plainly manifeſt: for Ambition, or the natural Deſire of Honour,
becomes hereby a perfect Hydra, and the Prince cannot ſooner remove
one Head, but immediately another riſes in the place ; and at the ſame
time that a Popular Opponent is converted by Court Preferment, he be-
comes the Envy of all thoſe whoſe Party he ſeems to have abandoned, and
the greateſt abilities and real Services he ſhall render to his Benefactor,
will not only be ill repreſented, but by how much the greater his Intereſt,
Power and Abilities are, by ſo much will he be Eſteemed more dange-
rous, and in proportion both Envy'd and Hated.
However, it ſeems, theſe were not the Sentiments at that time of thoſe
who managed the Affairs of State; for a Train was laid for an Interview
between Sir Richard Weſton then Lord Treaſurer, and afterwards Earl of
Portland, and Sir Thomas Wentworth, which being Effected, the Inter-
view begot an acquaintance, and the acquaintance in a little time grew
to a moſt Firm and Solid Friendſhip; Great Minds being with little
Difficulty invited to,and Eſtabliſhed in thoſe Generous Friendſhips,which
.
are
.
other.
0
which mention will be made hereafter, which had lain ſo long Dormant,
from the Scotch Rebellion to the King's Murther.
3
are begotten, not out of Wantonneſs or trifling formality, but by the 16.41.
inward harmony and likeneſs which Noble Souls quickly diſcover in Each
It happened, that in ſome of the divertive Entertainments of their
agreeable Converſation, theſe Two Great Men falling upon the Diſcourſe
of the Popular Humor in the Cominons Houſe, which the Lord Treas
Jurer wiſely judged could never either portend, or promote any real ad-
vantage to the Nation ; Sir Thomas declared himſelf to be in his Judgment
an abſolute Enemy to the conſequences and dreadful Effects which uſual-
ly attend Popular Commotions and diſturbances, which generally
produce the very fame or worſe miſeries, then thoſe which they pretend
to redreſs; and purſuing his ingenious diſcourſe, he offered ſome Expe-
dients fo rational and perſuaſive towards a Mediation, and Reconcile-
ment of the preſent Differences, and ſome things ſo appoſite to the
preſent juncture of Affairs, as Extremely raiſed the value of his Pru-
dence, and Wiſdom in the Eſteem of the Lord Treaſurer, who daily
diſcovered more and more the penetrating Abilities of his Mind,ming-
led with a ſolid firmneſs of Reaſon and Judgment.
It will eaſily be believed, that the Lord Treaſurer, having, as he could
not but conclude, found a Jewel fit for a Princes Cabinet, was not back-
ward in repreſenting Sir Thomas Wentworth to his Majeſty with a Chara-
eter no ways diſadvantagious to him ; nor was there any great difficulty
to introduce him into his Majeſties Eſteem and Favour, who was alrea-
dy poſſeſſed with a belief and
knowledg of his Merit, and how ſerviceable
a Perſon of his Intereſt and Qualifications might be to his Affairs.
He was no ſooner come under the warm influence of Majeſty, but he
was made ſenſible of the Beams of Honour which are derived from the
Royal Fountain of it; and in a little time he was created Baron Went.
worth ; and the Aſcendant of his wiſdom daily gaining upon his Majeſties
Favour and Eſteem, he was ſhortly advanced to the Honour of Viſcount
Wentworth of Wentworth Woodhouſe, made one of his Majeſties moſt Ho-
norable Privy-Council , Lord Lieutenant of the County of Tork, and
Lord Preſident of the Court and Council of the North.
And here give me leave to mention a little and in appearance a trifling
accident of Honour, which proved the great, if not the only occaſion
of his Ruin ; among the reſt of his Honours he had the Title of Baron
of Raby, an Honour to which Sir Henry Vane one of his Majeſties Se-
cretaries of State, who was poſſeſſed of the Caſtle of Raby and the De
meaſns thereunto belonging, had ſome pretenſions, and was not a little
ambitious of ; but being overſhadowed by this lofty and ſpreading Ce-
dar, he was ſo ſtung with the diſappointment, and ſo thirſty of Revenge,
that though he warily ſmothered his Reſentments, yet he was ever an
Enemy to this Noble Lord, and as it appeared for his fake to his Royal
Maſter; and as it may from hence be not improbably conjectured, judg-
ing himſelf far more nearly intereſted in the Ruin of this great perſon
than any other , he ſatiated his private Revenge by the pretence of
Publick Juſtice; and when in all likelyhood the Earl
muſt have Eſcaped the
Proſecution of his Adverſaries he produced that Fatal Scrip of Paper, of
of rather which was newly framed, upon which the Bill of Attainder in
the Houſe of Commons was founded to take away that Life which a
Legal Tryal would otherwiſe have acquitted, though not of Milde-
meanors, yet of the Capital Crime of High Treaſon.
My
+
VOL. 2.
B 2
4
1,
I 641.
1
1
An Impartial Collection of all the memorable Events
My Lord Wentworth being now made one of his Majeſties Privy Coun-
cil, gave ſuch daily Teſtimonies of his ſingular Wiſdom, as ſoon recom-
mended him to the Obſervation of that Great Man William Laud then
Biſhop of London, and afterwards Archbishop of Canterbury; and that
Diſcernment of cach others Merits, which generally in great Minds
produces Emulation, Envy, and too commonly Averſion and Animoſi-
ty begat in them a Friendlhip, which being cemented by the common
bond of Loyalty and Fidelity to their great Maſters Service and Intereſt,
proved ſo firm and indiſſolvable, as to have no other Period but that of
their Untimely Deaths.
Nor did Fortune, who ſeemed now wholy imployed in beſtowing her
treacherous Careſſes upon this Noble Lord, ſtop here, for he was in a
little time advanced to be Lord Lieutenant of Ireland, one of the Truſts
and Honours, as near the wearing of a Crown, as any thing can be,
that is not actually poſſeſſed of one : when he came to that Government
he found all things in great Diſorder, the Revenue ſo low that Ireland
was a Burthen to the Crown of England, which by his Wife Manage-
ment, he not only took off, but ſo improved the Trade of the Nation,
and the Revenue of the Crown, that, that Kindom was not only able
to ſupport it ſelf, but to lend ſupplies to England.
And as he was an Extraordinary Zealous promoter of the Intereſt and
Glory of the Eſtabliſhed Church and the Proteſtant Epiſcopal Party, for
which poſſibly there was a ſtricter bond of amitie betweeri him and the
Arch-Biſhop, he did by the aſſiſtance of that great Metropolitane,
procure from his Majeſty the Reſtoring of all the Impropriations, which
in that Nation were then in the Crown, to the Biſhops and Clergy,
thereby reſcuing the Church-men from thoſe diſadvantages which Con-
tempt and Poverty in theſe declining Ages of Religion had reduced them
to; and by propoſing Rewards to Merit, Virtue, Learning and Piery,
encouraged men of Parts to dedicate themſelves to thoſe Nobler Studies,
That contenting themſelves with thoſe competent Proviſions they might
be enabled to reſiſt the Temptations of applying themſelves to the more
gainful Arts of Secular Profeſſions. In ſhort, how he managed the Go
vernment of that Kingdom, notwithſtanding the turbulent Humor of
the Native Iriſh, whoſe Religion being Popiſh, and whoſe Intereſt to
diſpoſſeſs the Engliſh whom they ever eſteemed incroachers and invaders,
continually prompted them to Rebellions; this is the cleareſt Teſtimony,
that during all the time that he was his Majeſties Vice-Roy in that King-
dom, there was not the leaſt murmur of Sedition, but all things buried
in a moſt profound Peace and Quiet: But no ſooner were the Reigns of
his Governinent taken off, and even before the blood was cold which
dyed his bluſhing Scaffold, but that Kingdom was all in a blaze, and
from thence ſuch ſparks of Jealouſie flew over into England, as ſet this
miſerable Nation into ſuch an Univerſal Conflagration, as was not Extin
guilhed but with whole Rivers of Blood; which one may ſay not altoge-
ther Poetically ſeemed to be facrificed by the Revenging Deity, to the
Manes of this Illuſtrious Man.
And now the Sun of his Glory was gotten to the Top of his Meridian;
and from thence had Exhaled thoſe Vapours, and ſulphureous ingredients,
which being condenſed into Clouds of Popular Diſcontents raiſed ſo hor-
rible
a Storin, as forced him to ſet in a diimal Cloud.
Lætis hunc Numina Rebus
Creſcendi poſuere modum
Innocence
.
1
7
:+
from the Scotch Rebellion to the King's Murther. 5
Innocence is no Protection againit Envy, and thoſe Merits which raiſed I 641.
Admiration and Satisfaction in Good and Virtuous Men, produced Emu
lation and Hatred in the Minds of the Turbulent and Diſcontented; and
as formerly all the Complaints and Grievances of the Nation ſeemed to
Centre in the Duke of Buckingham, ſo now the Noble Earl of Strafford,
for to that Honour he was advanced, inherited with the Favour of his
Prince, all that was Black and Criminal in a Favourite, which was now
become a certain mark of the Peoples Hatred.
The long Diſcontinuance of Parliaments, the Impoſition of Ship-mony,
and the Deſign of introducing Arbitrary Government, were all placed to
his Scorc; as the intentions of bringing in Superſtitions, Innovations
and Popery,were charged upon the Archbiſhop of Canterbury: But above
all, he had ſo Exaſperated the Scottiſh Faction, and their friends in En-
gland, that his or their Ruin, as they concluded, was inevitable: for he
“had raiſed a Conſiderable Army in Ireland, and being in the Sickneſs of
the Earl of Northumberland made Lieutenant General of the Army in the
North, he was an utter Enemy to the Treaty, and of Opinion by force
of Arms to drive the Scots out of England; and fo confident was he in
the height of his Courage that it might Eaſily be Effected, that in one
of his Letters to the Archbiſhop, he writ, That he would venture his head,
if he did not drive the Scots out of England; and though he did not think
It proper for him, as the Caſe now ſtood, to give the King that Advice; Tet
if any of the Lords would propoſe to the King to try the Fortune of a Battle,
be made not the leaſt ſcruple to ſend the Scots back again in more baſte than
they came into England. And had his Majeſty purſued thoſc Counſels,
in all humane Probability this Noble Earl might have ſaved not only his
own but the Royal Head of his Maſter, and that valt Expence of Blood
and Treaſure, as well as the Honour of the Engliſh Nation which ſuffered
infinitely abroad, by all the ſucceeding Accidents and Events which En
ſued that diſhonourable Treaty; but Diis aliter viſum eſt.
No ſooner was the Parliament met at Weſtminster, and the neceſſary Friday
affairs of chooſing a Speaker, taking the Oaths of Allegiance and Supre- November 6.
macy, and upon Friday Novemb. 6. the Grand Committees for Reli-
gion, Gricvances, Courts of Juſtice, Trade and Priviledges ſettled, but
Mr. Pym moved for a Committee of the whole Houſe to take into Con-
ſideration the Iriſh Affairs, from whence there were great and numerous
Complaints
. This was ſeconded by Sir Fohn Clotworthy, in a Speech
wherein though he did not name the Earl of Strafford, yet the pointed
reflections were ſo eaſie to be interpreted, that the whole Houſe knew
he was the Perſon, at whoſe head the Thunderbolt was levell d. After
ſome Debate the Houſe was Divided upon the Queſtion, and there being
Teas 165, Noes 152, it was carried in the affirmative.
This Vote for a Grand Committee of the whole Houſe for Iriſh affairs
preſently gave the Alarm to thoſe Gentlemen of the Houſe, whoſe Friend-
ſhip for the Earl, made them Vigilant in attending the Motions of his
Enemies, whoſe Deſigns as well as hatred of him, were not unknown to
Immediately they poſted Letters down to him in the North where he
was ſtill with the Army, advertiſing him of what was done in the Houſe
of Commons, and the apprehenſion they had that a Storm was gather-
ing which would ſhortly diſcharge it ſelf upon him; and leaving it to
his deliberation whether to come up to the
Parliament or not : however
,
they adviſed him if he did reſolve
to come, that he ſhould come prepared
them.
to
i
1
.
6 An Impartial Colle&tion of all the memorable Events
1 6 4 1., to impeach ſome of the Principal of his Enemies, of a Confederacy with
the Scots in their invading of England, and thereby as the Duke of
Buckingham had formerly treated the Earl of Briſtol, to cruſh their Ac-
cuſations in the bud, and diſable them from his Proſecution, by obliging
them firſt to clear themſelves.
But thoſe who were his intimate Friends adviſed him, cither to con-
tinue with the Army, over whom he had got a moſt powerful influence,
or to retire to Ireland, which then alſo was intirely at his Devotion; or
laſtly, to take a retreat in ſome Eorreign Country, till the Fury of the
Storm was ſpent ; that from thence upon a favourable turn of his affairs,
he might be able to recover liis Station, and vindicate his Innocence;
they repreſented to him how impoſſible it would be for him to ſtand the
ſhock of his Combined Adverſaries, of the Scottiſh Nation and Faction
in both the Houſes, and that to run upon inevitable Ruin, though it
might ſpeak Innocence and Courage,yet among Wiſe men,it would make
his Judgment and Wiſdom extreamly cenſured ; ſince the worſt that
could happen to him by retiring, was to have Sentence paſſed upon him
for non-appearance; but that in recompence of that diſadvantage, and the
ſeeming Loſs of his Honour and Reputation, he would certainly preſerve
his Life and Liberty; and reſerving himſelf for a better Deſtiny, might,
as multitudes of Great Men have done before him, not only recover his
Glory and Integrity from under the preſent Eclipſe, but render his Repu-
tation far more bright by coming from under the black Clouds of Ca-
lumny and Injuſtice; Whereas, ſhould he adventure to ſtand the Teſt of
Parliament, he could expect little Mercy, and lefs Juſtice, from ſuch o
his Enemies, whio could not but reſolve his Ruin, to prevent their own;
and that, if notwithſtanding all his Integrity, ſhould Sentence of Con-
demnation paſs upon him, he ſhould not only loſe his Honor, Life, and
Eſtate, but endanger the preſent loſs of his Fame, if not the future too ;
ignoble Minds being apt to judge the Condemned alwayes Criminal, and
that Poſterity, who
may much more probably want thoſe aſſiſtances to
reſcue a ſuffering Innocence from Injuſtice, which even the Age wherein
it was tranſacted was not ſufficiently able to do, will be apt to believe
the Certainty of Fact which ſpeaks a Guilt, rather then the uncertainty
of a Traditional Innocence; though it has ſo happened to the Aſhes of
this Illuftrious Innocent, that the Guilt has by folemn Act of Parliament
been obliterated, and as he ſuffered by the Injuſtice of a Lex poſt nata, ſo
he had all the Reparation the Juſtice of a Posthumus Law could do his Me-
mory.
But ſuch was the high Courage of this Noble Earl, who had much more
of the Oak than the Willow about his Heart, that all the Arguments and
Remonſtrances of his Friends were loſt upon him; To ſtay with the Ar-
my, from whence he would aſſuredly, if impeached, be commanded; or
to retire to Ireland, he judged would look too like Rebellion, from which
as he had the ſtrongeſt averſion, ſo it would give his Enemies ſome co-
lourable foundation for a real Guilt, and to take Sanctuary under the Pro-
tection of any Forreign Court, was to abandon his Innocence, and tacitly
to confeſs himſelf a Criminal, and would in the Opinion of the World,
make him appear guilty of all the Crimés his Accuſers ſhould lay to his
Charge.
In the Confidence of his own Innoceńce, and of the guilt of his Ene-
mies, of whoſe Confederacy with the Covenanters of Scotland he had, as
he thought, got ſufficient Evidence to Impeach ſeveral both of the Lords
and
+
1
from the Scotch Rebellion to the King's Murther.
7
and Commons as guilty of an Invitation of the Scots to Invade Englandy 1 6 4 1.
he takes Poſt for London, intending, as ſoon as he was arrived at the Par-
liament, to preſent it to the Houſe of Peers
.
But his Enemies proved too diligent for him, and knowing how great
influence the firſt blow would have, before he could accompliſh his Inten-
tion, they prevented him by an Impeachment as Quick as Unexpected :
for upon Wedneſday the Eleventh of November, the Doors of the Houſe wedneſday,
of Commons being locked up, and the Key brought up to the Table, the Novemb. 11.
Impeachment of the Earl was moved in the Houle, and Meſſengers were
ſent to the Lords to deſire a Conference concerning the Earl of Strafford,
and
Mr. Pym,
Lord Digby,
Mr. Štrode,
Sir John Clotworthy,
Mr. St. Johns,
Sir Walter Erle,
Serjeant Grimſton,
Mr. Hambden,
Were appointed to be a Select Committee to prepare Matter for a Con-
ference with the Lords, and to draw up a Charge againſt the Earl of
Strafford, and in order to it, to withdraw immediately into the Commit-
tee Chamber.
This retirement was only pro forma, for they had all the Charge ready,
and therefore they immediately returned, and reported to the Houſe a
Charge againſt the Earl; whereupon it was Reſolved upon the Q:je-
Committee
to prepare a
Charge againſt
the Earl of
Strafford
ܪ
Ition,
That a Mefage be ſent to the Houſe of Lords to Impeach the Earl of
Strafford Lord Lieutenant of Ireland of High Treaſon; which Mr. Pym
who by Command of the Houſe carried it up, and delivered in theſe
Words:
T
My Lords,
HE Knights, Citizens and Burgeſles now Aſſembled in the Commons
Houſe in Parliament, have received Informations of divers Trayterous
Deſigns and Practices of a great Peer of this Houſe, and by virtue of a
Command from them, I do here in the Name of the Commons now Allembled
in Parliament, and in the Name of all the Commons of England, accuſe Tho-
mas Earl of Strafford Lord Lieutenant of Ireland, of High Treaſon: and
they have commanded me further to deſire your Lordſhips that he may be
Sequestred from Parliament and forthwith committed to Priſon : They bave
further commanded me to let you know, That they will within a very few
dayes reſort to your Lordſhips with the particular Articles and Grounds of
.
this Accufation.
The Earl then being commanded to withdraw, it was put to the Que-
ition by the Lords, whether He ſhould be impriſoned upon
a general Accu-
ſation of Treaſon 2 and being carried in the
affirmative, he was called in,
kneeling at the Barr, and afterwards ſtanding up, the Lord Keeper by
Command of the Houſe ſpake
to him as followeth:
Lord of Strafford, The Howſe of Commons in their own Name,
and
in the Name of the whole Commons of England, have this day accu-
fed your Lordſhip to the Lords of the Higher Houſe of Parliament,
of High Treaſon; the Articles they will in a few dayes, produce ; in the
mean time they have Reſolved, That your Lordſhip ſhall be Committed into
Safe
M
8 An Impartial Colletion of all the memorable Events
1 64 r. Safe Cuſtody to the Gentleman Ojher, and be Sequestred from the Houſe,till
your Lordſhip ſhall clear your ſelf of the Accuſations that ſhall be laid
againſt you. Whereupon he was immediately taken into Cuſtody by
James Maxwell Ulher of the Black Rod.
And that the Commons might Diſable him of the Teſtimony and Af-
fiſtance of Sir George Radcliff his great Friend, and Confident, it was re-
folved to make him a Party, and accuſe him of High Treaſon and Con-
federacy with the Earl ; which was accordingly done, as is more at large
related before, to which the Reader is referred: only a Debate worth the
Obſervation aroſe upon his being a Member of the Parliament in Ireland,
Whether he could without Breach of Priviledge be ſent for : Upon which
it was Reſolved as a thing out of all Doubt, That in caſe of High Treaſon,
Priviledg of Parliament neither here nor there doth reach to Protect him:
Notwithſtanding which, when afterwards his Majeſtie accuſed the Lord
Kimbolton and the Five Members of High Treaſon, and Exhibited Articles
againſt them, they did not only protect them, but arraigned that pro
ceeding as the Higheſt Violation of the Priviledges of Parliament,making
it one of the main Foundations upon which they built the Juſtice of the
fucceeding Rebellion, and their
taking up arms againſt his Majeſty.
Wedneſday,
It was ordered, That no Member of the Houſe of Commons ſhall viſit
the Earl of Strafford during his reſtraint, without Licence fiaſt obtained
from the Houſe. And the ſame Order was taken in the Houſe of Peers;
and all the time of his Impriſonment,the Lieutenant of the Tower brought
in a Weekly account of the Names of thoſe perſons who viſited him, and
by whoſe Order.
Upon Munday, Novemb. 23. Mr. Pym preſented a draught of Articles
to the Houſe, which being referred to the Committee who were to pre-
pare a Charge againſt the Earl
, were by them reported, and agreed to by
the Houſe, and Mr. Pym ordered to go up with them to the Lords; which
wedneſday, upon Wedneſday following he did accordingly; and before their Lord-
ſhips laid out his Talent of Speech-making upon that ſubject as follows.
The Articles being firſt tendred and Read, which were theſe.
Novemb. 18.
Monday, Nou.
23.
Nov. 25.
I.
unto.
Articles of
TA
Hat he the' ſaid Thomas Earl of Strafford, hath Trayterouſly endeavoured to fub-
Impeachment vert the Fundamental Laws and Government of the Realms of England and Ire-
againſt the land, and inſtead thereof to introduce an Arbitrary and Tyrannical Government againſt
Earl of Straf. Law, which he hath declared by Trayterous Words, Counſels, and Actions, and by gi-
ford, Nov. 25.
ving his Majeſty advice, by force of Armes to compel his Loyal Subjects to ſubmit there-
2. That he hath Trayterouſly aſſumed to himſelf Regal power over the Lives, Liber-
ties, Perfons, Lands, and Goods of his Majeſties Subjects in England and Ireland,
and hath exerciſed the ſame Tyrannically, to the ſubverſion and undoing of many, both of
Peers and others of his Majeſties Liege people.
3. That the better to enrich and enable himſelf to go thoror with his Trayterons De-
Signs, he bath detained a great part of his Majeſties Revenue, without giving legal ac-
count ; and hath taken great Summes out of the Exchequer, converting them to his own
sufe
, rohen his Majeſty was neceſſitated for his own urgent occafions, and his Army had
been a long time unpaid.
4. That he hath Trayterouſly abuſed the power and authority of his Government, to the
encreaſing, countenancing, and encouraging of Papiſts, that so he might ſettle a mutual
dependance and confidence betwixt himſelf and that Party, and by their help proſecute, and
coccompliſh his malicious and tyrannical deſigns.
5. That he hath maliciouſly endeavoured to ftir up enmity and hoſtility between his
Majesties Subječts of England, and thoſe of Scotland
6. That
:
and
every
cles,
of Confuſion, of publick miſery and calamity:
from the Scotch Rebellion to the King's Murther. 9
6. That he hath Trayterorfly broken the great Trust repoſed in him by his Majesty 1 1 6 4 1.
of Lieutenant General of his Army, by wilfully betraying divers of his Majeſties Sub-
jelzs to death, his Army to a diſhonourable defeat by the Scots at Newborn, and the
Town of New-Caſtle into their hands, to the end, that by the effufion of blood, by diſ-
honour, and ſo great a loſs of New-Caſtle, his Xtajeſties Realm of England might be
engaged in a National and Irreconciliable quarrel with the Scots.
7. That to preſerve himſelf from being queſtioned for thoſe and other his Trayterous
Courſes, he laboured to ſubvert the Right of Parliaments, and the ancient courſe of
Parliamentary' Proceedings, and by falſe and malicious ſlanders to incenſe his Majeſty
against Parliaments. By which words, Counſels, and Actions, he hath Trayterouſly,
and contrary to his allegiance, laboured to alienate the hearts of the Kings Liege people
from his Majesty, to ſet a diviſion between them, and to ruin and deſtroy his Majeſties
Kingdoms, for which they impeach him of High Treaſon against our Soveraign Lord the
King, his Cromn and Dignity,
8. And he the ſaid Earl of Strafford was Lord Depilty of Ireland, and Lieutenant
General of the Army there, viz. His most excellent Majesty, for his Kingdoms both of
England and Ireland, and the Lord Preſident of the North, during the time that all
the Crimes and Offences before ſet forth were done and committed, and he the
ſaid Earl mas Lieutenant General of all his Majesties Army in the North parts of
England, during the time that the Crimes and Offences in the fifth and fixth Articles fer
forth were donc and conmitted.
9. And the ſaid Commons by proteſtations, ſaving to themſelves the liberty of exhibit-
ing at any time hereafter any other Accuſation or Inspeachment againſt the ſaid Earl,
and alſo of replying to the Anſwers that he the ſaid Earl ſhall make unto the ſaid Arti-
or to any of them and of offering proofes alſo of the premiſſes or any of them, or any
other impeachment or accufation that shall
be exhibited by them, as the cauſe ſhall accord-
ing to the courſe of Parliaments require, do pray that the ſaid Earl may be put to an-
fwer for all and every the premiſſes, that ſuch Proceedings, Examinations, Tryals, and
Fudgments may be upon every of them had and uſed, as it is agreeable to Law and Fu-
My Lords,
T *Heſe Articles have expreſt the Character of a great and dangerous Treaſon; ſuch Mr. Pym's
gone as is advanced to the highest degree of Malice and of Miſchief : It is en- Speech after
larged beyond the limits of any deſcription or definition : it is ſo bainous in it ſelf, as that the Reading
it is capable of no aggravation : aTreaſon againſt God, betraying his Truth and Wor-
againſt the
againſt the King, obſcuring the Glory, and weakning the foundation of his Earl of Straf-
Throne ; pagainst the Common-wealih, by destroying the principles of Safety and Proſperity. Ford, Nov. 25.
Other Treaſons are against the Rule of the Law: this is against the being of the Laro:
It is the Law that unites the King and his people; and the Author of this Treaſon hath
endeavoured to diſſolve that Union, even to break the mutual, irreverſal, indiſſoluble
band of Protection and Allegiance, whereby they are, and I hope ever will be bound
together.
If this Treaſon had taken effe&t , our Souls had been inthralled to the Spiritual Ty-
ranny of Sathan ; our Conſciences to the Eccleſiaſtical Tyranny of the Pope ; our Lives,
our Perſons and Estates to the Civil Tyranny of an Arbitrary, unlimited, confisſed Go-
vernment.
Treaſon in the leaſt degree, is an odious and a horrid Crime : other Treaſons are parti-
cular
if a Fort be betrayed, or an Army, or any other Treaſonable fa£t committed, the
Kingdom may out-live any of theſe: this Treaſon would have diſſolved the frame and
being of the Common-wealth, it is an Univerſal, a Catholick Treaſon ; the venom and
malignity of all other Treaſons are abſtrakted, digeſted, ſublimated into this.
The Law of this Kingdom makes the King to be the Fountain of Justice, of Peace,
of Protection"; therefore we say, the King's Courts, the Kings fudges
, the Kings
The Royal Power and Majesty ſhines upon us in every publick bleſſing and bene-
fue me enjoy: but the Author
of this Treason would make him the Fountain of Injuſtice,
which they made this expreffion, that he was Deus oprimus maximus, and infinite
goodneſs, and an infinite greatness. All Soveraign Princes have ſome Charakters of
Divinity !
ſtice.
1
N
the Articles
ship;
1
Laws.
Vol. II.
с
10
1 641.
An Impartial Colle&tion of all the memorable Events
Divinity imprinted on them ; they are ſet up in their Dominions to be Optimi, Maximi,
that they ſhould exerciſe a goodneſs proportionable to their greatneſs.
That Law term, Læfa Majeſtas, whereby they expreſs that which we call Treaſon,
was never more thorowly falfilled then noto : there cannot be a greater lafion or diminution
of Majeſtie, then to bereave a King of the glory of his goodneſs
. It is goodneſs (My
Lords) that can produce not onely to his People, but likewiſe to himſelf Honour and Hap-
pineſs. There are Principalities, Thrones and Dominions amongst the Devils,greatneſs
enoiegh; but being uncapable of Goodneſs, they are made incapable both of Honour and
Happineſs.
The Lames of this Kingdom have invested the Royal Crown with Power ſufficient for
the manifestation of his Goodneſs and of his Greatneſs : if more be required, it is like to
bave no other Effeěts but Poverty, Weakneſs and Miſery, whereof of late we have had
very woful Experience. It is far from the Commons to deſire any abridgment of thoſe
great Prerogatives which belong to the King ; they know that their own Liberty and Peace
are preſerved and ſecured by bis Prerogative, and they will alwayes be ready to Support
and Supply his Majesty with their Lives and Fortunes, for the maintenance of his Just
and Lawful Power.
This (My Lords) is in all our Thoughts, in our Prayers, and I hope will be fo mani-
fested in our Endeavours, that if the Proceedings of this Parliament' be not interrupted
as others have been, the King may within a few Moneths be put into a clear way, of as
much Greatneſs, Plenty and Glory, as any of his Royal Anceſtors have enjoyed.
A King and his people make one Body: the Inferiour Parts confer Nouriſhment and
Strength, the Superiour Senſe and Motion : If there be an interruption of this neceſſary
intercourſe of blood and ſpirits, the whole Body must needs be ſubječt to decay and diſtem-
per ; therefore Obſtructions are first to be removed, before Reſtoratives can be applyed.
This (My Lord) is the end of this Accuſation, whereby the Commons ſeek to remove this
Perſon, whom they conceive to have been a great cauſe of the Obſtructions betwixt his
Majeſty and his people : for the Effecting whereof, they have Commanded me to deſire
your Lordſhips, that their Proceedings against him may be put into as ſpeedy a way of
diſpatch, as the Courſes of Parliament will allow.
First, That he
may
be called to anſwer, and they may have liberty to Reply; That
there may be a quick and ſecret examination of Witneſſes, and they may from time to
time be acquainted with the Depoſitions; that ſo when the Cauſe ſhall be ripe for Fudg-
ment, they may colle&t the ſeveral Examinations, and repreſent to your Lordſhips in one
entire Bódy the ſtate of the Proofs, as now by me they have preſented to you the ſtate of
the Charge.
L
Earl of Straf
ford ſent to
the Tower,
Friday, Nov.
27.
Of which Mr. Pym having given an account to the Houſe, had the
Thanks of the Houſe returned for his well delivery of the Charge againſt
the Earl of Strafford:
After this Impeachment was Read, the Earl was ſent for to the Houſe
of Lords, and acquainted with the Order of their Lordſhips for his Com-
mitment to the Tower ; upon whịch occaſion he made a moſt Moving
and Eloquent Speech, but I have not been able to retrieve it, the Journal
where it is Entred being according to an Act of Parliament after the
Reſtauration of King Charles the Second wholly obliterated.
The Earl being thus Committed, he Petitioned the Lords to have
Counſel aſſigned him, which was allowed, and
Mr. Richard Lane the Prince's Attorney, Mr. Recorder of London,Mr.
Fo. Lightfoot, Mr. Hugh Windham, Serjeant Rolles, Mr.Platt, and Mr.Geo.
Love were appointed to be his Counſel
.
Upon the 30 of November a Conference was between a Committee of
the Two Houſes concerning the Examination of Witneſſes and other
things preparatory to the Trial of the Earl, where the Lords agreed,
That ſuch Members of the Houſe of Commons as they ſhall appoint ſhall be
preſent at the Examination of Witnelles; and the Lords who were appoin-
ted to take the Examination of the Witneſſes, were
Earl
1
1
Monday,
Novemb. 30.
+
I
.
+
.:
Inſtructions, nor had they any fucb Inſtructions, yet the ſaid Earl in the Moneth of
from the Scotch Rebellion to the King's Murther. II
Earl of Bath, Earl of Bedford, Earl of Hartford, Earl of Eſex, Lord 1 6 4 1.
Wharten, Lord Kimbolton, Lord Brook, Lord Roberts, Lord Savile, Lord
Viſcount Say and Seal, who were impowered to give an
Oath to the Thurſday Dec.3.
Attendants, Witneſſes, and the Commons who were to be preſent, of Examine Evi.
Secreſie, till the publication of the Evidence.
dence, an Oathi
The Commoners choſen by their Houſe to be preſent at this Examina- miniſtred.
of Secrecy ad-
tion, were
Mr. Selden, Mr. Dutton, Mr. Crew, Sir Peter Hayman, Mr. Grimſton, Commons to
Sir Henry Anderſon, Sir Nevil Pool, Sir Tho. Barrington, who were all be preſent at
required to declare, That by their Duty they oive to this Houſe, they are
the Examina.
tion, their
obliged to keep all thoſe Examinations Secret; who accordingly did every Promeſtacion.
çne make an open proteſtation that they would.
The Earl alſo Petitioned to be heard at the time of the preparatory
Examinations, but was denied.
Among the Reſt of the Witneſſes Examined againſt the Earl, Sir David
Fowles was one, who at the ſame time had a Petition depending in the
Houſe of Lords delivered Fan. 12, craving to be diſcharged of the Fine
of Three thouſand pounds impoſed upon him by Decree of the Star-Cham
ber for Scandalous words againſt the Earl of Strafford.
Upon the 36th of Jan. a Day ſo Fatal to King Charles the Firſt,the fur- Saturday,
ther Impeachment of the Earl of Strafford conſiſting in 28 Articles, was Jan. 3o.
by Mr. Pym carried up to the Lords, which were as follow.
Articles of the Commons Aſſembled in Parliament, againſt Thomas Earl of Straf-
The further
ford, in maintenance of their Accuſation whereby he ſtands Charged with
Impeachment
High Treaſon.
of the Earl of
Straffords:
WHercas the ſaid Commons have already Exhibited Articles against the ſaid Earl | Fax. 3o.
in hæc verba,&c. Nom the ſaid Commons do further Impeach the ſaid Earl
as followeth. (Tbat is to ſay)
I.
That the ſaid Earl of Strafford the 21 day of March in the Eighth Year of his Maje-
sties Reign was Preſident of the Kings Council in the Northern Parts of England.
That the ſaid Earl being Preſident of the said Council, on the 21 of March, a Commiſ-
fion under the Great Seal of England with certain Schedules of Inſtruktions thereunto
annexed, was directed to the ſaid Earl or others of the Commiſſioners therein named,
whereby among other things, Power and Authority is limited to the ſaid Earl and other's
the Commiſſioners therein named, to hear and determine all Offences and Miſdemeanors,
Suits, Debates, Controverſies and Demands, Cauſes, Things and Matters that foever
therein contained, and within certain Precinēts in the ſaid Northern Parts therein fpe-
cified, and in ſuch manner as by the ſaid Schedule is limited and appointed.
That arnong other things in the ſaid Instructions, it is direlted, That the ſaid Preſi-
dent and others therein appointed, ſhall bear and determine according to the Courſe of
Proceedings in the Court of Star-Chamber, divers Offences, Deceits and Falſities there-
in mentioned, Whether the ſame be provided for by Acts of Parliament or not, ſo
that the Fincs impoſed be not leſs than by the Act or Acts of Parliament provided
againſt thoſe offences is appointed.
That alſo amongſt other things in the ſaid Inſtruktions, it is direčted that the ſaid Pre-
ſident and others therein appointed, have power to examine, hear, and determine, accord-
ing to the courſe of proceedings in the Court of Chancery, all manner of Complaints for
any marter within the ſaid Precinets, as well concerning Lands, 'Tenements, and Heredi-
taments, either Free-hold, Customary, or Copy-hold, as Leaſes, and other things therein
mentioned, and to ſtay proceedings in the Court of Common Law by Injunktion, or other-
wiſe; by all wayes and mcans, as is uſed in the Court of Chancery.
And although the former Preſidents of the ſaid Councel had never put in praktice ſuch
May in the ſaid 8th Year, and divers Tears following, did put in practice, exerciſe,
C 2
and.
Vol. 11
1
1
1 2
1 641.
f
T
An Impartial Colle&tion of all the memorable Events
and uſe, and cauſed to be uſed and put in praltice the ſaid Commiſſion and Inſtructi-
ons, and did direct and exerciſe an exorbitant and unlawful power and juriſdiction on
the perſons and estates of his Majeſties Subjects in thoſe parts, and did Diſin-berit divers
of his Majeſties Subječts in thoſe parts of their Inheritances, ſeqnestred their Poffefſions,
And did fine, ranfome, puniſh and impriſon them, and cauſed them to be fined, ranſomed,
puniſhed and impriſoned, to their ruine and deſtruction, and namely, Sir Coniers Darcy,
Sir John Bourcher and divers others againſt the Laws, and in ſubverſion of the fame.
And the ſaid Commiſſion and Inſtructions were procured and iſſued by the advice of the
faid Earl.
And he the ſaid Earl, to the intent that ſuch illegal and unjuſt power snight be exer-
ciſed with the greater
licence and will did adviſe, Counſel
, c procure further directions,
in and by the ſaid instructions to be given, that no prohibition be granted at all, but in cas
ſes where the ſaid
Councel pisall exceed the limits of the ſaid inſtructions : And that if any
Writ of Habeas Corpus be granted, the party be not diſcharged till the party perform tbe
Decree and Order of the ſaid Councel.
And the ſaid Earl in the 13. year of his now Majeſties Reign, did procire a new Com-
miſſion to himſelf and others therein appointed, with the ſaid Inſtructions, and other un-
lawful additions.
That the ſaid Commiſſion and Inſtructions were procured by the ſolicitation and advice
of the ſaid Earl of Strafford.
2. That shortly after the obtaining of the ſaid Commiſſion dated the 21 of March, in
the 8 year of his now Majesties Reign (to wit) the last day of Auguſt then next fol-
lowing, be the ſaid Earl (to bring his Majeſties liege People into a diſlike of his Maje-
šty and of his Government, and to terrifie the Juſtices of the Peace from executing of
the Laws: He the ſaid Earl, being then Preſident, as aforeſaid, and a Justice of
Peace) did publickly at the Aſſizes held for the County of York, in the City of York, in
and upon the ſaid last day of Auguſt, declare and publiſh
: before the People there attend-
ing for the adminiſtration of Justice according to the Lan, and in the preſence of the
Juſtices fitting; That ſome of the Juſtices were all for Law, but they ſhould find
that the Kings little finger ſhould be heavier then the loyns of the Law.
3. That the Realm of Ireland having been time out of mind 'annexed to the Imperial
Crown of England, and governed by the ſame Laws: The ſaid Earl being Lord Deputy
of that Realm, to bring his Majeſties liege People of that Kingdom likewiſe into diſlike
of his Majesties Government, and intending the Subverſion of the Fundamental Laws
and ſettled government of that Realm, and the deſtruction of his Majeſties liege People
there, did upon the 30. day of September, in the ninth year of his now Majeſties Reign,
in the City of Dublin (the chief City of that Kingdom, where his Majeſties Privy Coun-
cel, and Courts of Juſtice do ordinarily refide, and whither the Nobility and Gentry of
that Realm do uſually reſort for Justice,) in a publick Speech before divers of the Nobie
lity and Gentry, and before the Mayor, Aldermen and Recorder, and many Citizens of
Dublin, and other his Majeſties Liege People, declare and publiſ, that Ireland was a
conquered Nation, and that the King might do with them what he pleaſed : and
ſpeaking of the Charters of the former Kings of England made to that City, he
further ſaid that their Charters were nothing worth, and did bind the
King no fur-
ther then he pleaſed.
4. That Richard Earl of Cork, having ſued out proceſs in courſe of Law for reco-
very of his Poſſeſſions, from which he, mas put, by colour of an order made by the ſaid
Earl of Strafford, and the Councel Table of the ſaid Realm of Ireland. The ſaid Earl
of Strafford, spon a paper Petition without legal proceeding, did the 20. day of Februa-
ry, in the 11. year of his now Majeſties Reign, threaten the ſaid Earl of Cork (being
then a Peer of the ſaid Realm) to Impriſon him, unleſs he would ſurceaſe bis fuit, and
Faid, That he would have neither Law nor Lawyers diſputé or queſtion any of
his orders. And the 20. day of March in the faid 11. year, the ſaid Earl of Straf-
ford, Speaking of an order of the
ſaid Councel Table of that Realm, in the time of King
James,
which concerned a Leaſe which the ſaid Earl of Cork claimed in certain Recto
ries or Tithes which the ſaid Earl of Cork alledged to be of no force, ſaid, That he
would make the ſaid Earl, and all Ireland know, ſo long as he had the Govern-
ment there, any Act of State, there made or to be made, ſhould be as binding to
the Subjects of that Kingdome, as an Act of Parliameat; And did queſtion the
faid Earl of Corke in the Caſtle Chamber, upon pretence of the breach of the ſaid
order of Councel Table, and did ſundry other times, and upon ſundry other oc-
caſions,
q
1
13
I 641.
Jaid Earl of Strafford directed.
from the Scotch Rebellion to the King's Murther.
caſions, by his words and ſpeeches arrogáte to himſelf a power above the funda-
mental Laws, and Eſtabliſhed Government of that Kingdom, and ſcorned the ſaid
Laws and eſtabliſhed Government.
$ That according to ſuch his Declarations and Speeches, the ſaid Earl of Strafford
did uſe and excrciſe a power above, and against, and to the Subverſion of the ſaid fun-
damental Laws, and establiſhed Government of the ſaid Realm of Ireland, extending
ſuch his power, to the Goods, Free-holds, Inheritances, Liberties, and Lives of his Mas
ješties Subjects in the ſaid Realm, viz. The ſaid Earl of Strafford the twtefth day of
December, Anno Domini 1635. in the time of full peace,did in the ſaid Realm of Ire-
land,giveand procure to be given against the Lord Mount Norris (then and yet a Peer
of Ireland, and then Vice-Treaſurer and receiver general of the Realm of Ireland, and
one of the principal Secretaries of State, and Keeper of the Privy Signet of the ſaid
Kingdom, a Sentence of death by a Councel of War called together by the ſaid Earl of
Strafford, without any warrant or Authority of Law, or offence defe: ving any ſuch pu-
miſhment. And he the ſaid Earl did alſo at Dublin, within the ſaid Realm of Ireland,
in the Month of March, in the fourteenth year of his Majeſties Reign withoist any legal
or due proceedings er Tryal, give, or cauſe to be given, a Sentence of death againſt oneo-
ther of bis Majesties Subjects, whoſe name is yet unknown, and cauſed him to be put to
death
in execution of the ſaid Sentence.
6 That the ſaid Earl of Strafford, without any legal proceedings, and upon a paper Pe-
tition of Richard Rolſtone, did cauſe the ſaid Lord Mount-Norris to be diſſeized and
put out of polleſſion of his free-hold and inheritance of his Mannor and Tymore in the
Corintrey of Armagh, in the Kingdom of Ireland, the ſaid Lord Mount-Norris having
been two years before in quiet
poſſeſſion thereof.
7: That the ſaid Earl of Strafford, in the Term of holy Trinity, in the thirteenth year
of his note Majesties Reign, did cauſé a caſe, commonly called the caſe of Tenures upon
defective Titles, to be made and drawn up without any Fury or Trial, or other legal pro-
ceſs, and without the conſent of parties, and did then procure the Judges of the ſaid
Realm of Ireland to deliver their opinions and reſolutions to that caſe, and by colour of
ſuch opinion, did without any legal proceeding cauſe Thomas Lord Dillon, a Peer of the
ſaid Realm of Ireland, to be put out of poffėſſion of divers Lands, and Tenements, being
his Free-hold in the Countrey of Mago and Roſtcomen, in the ſaid Kingdome, and di-
vers other of his Majeſties Subjects to be alſo put out of Pofeſſion, and Diffeiſed of their
Freehold by colour of the ſame reſolution, without legal proceedings, whereby many hun-
dreds of his Majesties Subjects were undone, and their Families utterly ruinated.
8. That the ſaid Earl of Strafford upon a Petition of Sir John Gifford Knight, the
firſt day of February, in the ſaid Thirteenth Year of his Majesties Reign, without
any legal Proceſs, made a Decree or Order againit Adam Viſcount Loftus of Ely,
a Deer of the ſaid Realm of Ireland, and Lord Chancellor of Ireland, and did cauſe the
ſaid Viſcount to be Impriſoned and kept cloſe Priſoner, on pretence of Diſobedience to the
faid Decree or Order.
And the ſaid Earl without any Authority, and contrary to his Commiſſion, required
and commanded the ſaid Lord Viſcount to yield unto him the Great Seal of the Realm of
Ireland, which was then in his cuſtody by his Majesties Command, and impriſoned the
ſaid Chancellour for not obeying ſuch his Command.
And without any Legal Proceedings,did in the ſame Thirteenth Year Impriſon George
Earl of Kildare, á Peer of Ireland, against Lato, thereby to enforce him to ſubmit his
Title to the Mannor and Lordſhip of Caſtle Leigh in the Queens County, (being of
great yearly value) to the
ſaid Earl of Strafford's Will and Pleaſure, and kept him a
year priſoner for the ſaid cauſe, two moneths whereof he kept him cloſe Priſoner, and re-
to enlarge him, notwithſtanding his Alajeſties Letters for his enlargement to the
And upori a Petition exhibited in O&tober, 1635. by Thomas Hibbots, againſt
Dame Mary Hibbots Widow, to him the ſaid Earl of Strafford, the ſaid Earl of straf-
ford recommended the ſaid Petition to the Councel Table of Ireland, where the moſt part
of the Councel gave their Vote and Opinion for the ſaid Lady, but the ſaid Earl finding
that if ſhe refused to ſubmit thereunto, he would Impriſon her, and Fine her five hundred
pounds, that if ſhe continued obſtinate, he would continue her Impriſonment, and double
her Fine every Moneth, by means whereof ſhe was enforced to relinquiſh her
Eſtate
fuſed
+
14
1 6.4 1.
2
An Impartial Colletion of all the memorable Events
Estate in the Lands questioned in the ſaid Petition, which ſhortly was conveyed to Sir
Robert Meredith, to the uſe of the ſaid Earl of Strafford.
And the ſaid Earl in like manner did Impriſon divers others of his Majesties Subjects
upon pretence of Diſobedience to his Orders and Decrees, and other illegal Commands by
him made for pretended Debts, Titles of Lands, and other Cauſes in an Arbitrary and
Extrajudicial courſe upon Paper Petitions to him preferred, and no other canſe legally
depending
9. That the ſaid Earl of Strafford the Sixteenth day of February, in the Twelfth Year
of his now Majeſties Reign aſſuming to himſelf a power above and againſt Lam, rook
ирo12
him by a general Warrant under his band, to give power to the Lord Biflrop of Down,
and Connor his Chancellor or Chancellors to their ſeveral Officers thereto to be
appointed,
to attach and arreſt the Bodiesof all ſuch of the meaner and poorer ſort,who after Citation
Bould either refuſe to appear before them, or appearing fould omit, or deny to perform, or
undergoe all lawful Decrees, Sentences, and orders, isſued, impoſed, or given out againſt
them, and them to commit and keep in the next Goal, until they ſhould either perform
ſuch ſentences, or put in fufficient Bail to Shem ſome reaſon before the Councel Table, of
ſuch their contenipt and negleit ; and the ſaid Earl, the day and year laſt mentioned,
ſigned and iſſued a Warrant to that effcit, and made the like Warrant to ſend to all other
Bifops and their Chancellors in the ſaid Realm of Ireland to the ſame effect.
10 That the ſaid Earl of Strafford being Lord Lieutenant, or Deputy of Ireland,
procured the Cuſtomes of the Merchandize exported out, and imported into that Realm to
be farmed to his own uſe.
And in the Ninth Year of his now Majesties Reign, he having then intereſt in the
ſaid Cuſtomes (to advance his own gain and lucre) did cauſe and procure the native
Commodities of Ireland, to be rated in the Book of Rates for the Cuitomes, (ac-
cording to which the Cuſtomes were uſually gathered) at far greater values and prices
than in truth they were worth (that is to ſay) every Hide at twenty Shillings
which in truth was worth but five Shillings, every ſtone of Wool at thirteen ſhil-
lings four-pence, though the ſame ordinarily were worth but five Shillings, at the
utmoſt but nine Shillings; by which means the Cuſtome, which before was but
a twentieth part of the true value of the Commodity, was inhanſed ſometimes to
a fifth part, and ſometimes to a fourth, and ſometimes to a third part of the true
value, to the great oppreſſion of the Subjects, and decay of Merchandize.
11 That the ſaid Earl, in the Ninth Year of his now Majesties reign,did by his own
will and pleaſure, and for his own lucre reftrain the exportation of the Commodities of that
Kingdome without his Licence, as namely Pipe-ſtaves, and other Commodities, and then
raiſed great Sums of Nioney for licenſing of exportation of thoſe Commodities
, and diſ-
penſation of the ſaid reſtraints impoſed on them, by which means the Pipe-ſtaves were
raiſed from four pound ten ſhillings; or five pound per thouſand to ten pound, and ſome-
times eleven pound per thouſand, and other Commodities were inhanced in the like pro-
portion, and by the ſame nicans by him the ſaid Earl.
12 That the ſaid Earl being Lord Deputy of Ireland, on the ninth day of January
in the Thirteenth rear of his Majeſties Reign, did then under colour to Regulate the Im-
portation of Tobacco into the ſaid Realm of Ireland isſue a Proclamation in his Majeſties
Name,prohibiting the importation of Tobacco without licence of him and the Councel there,
from and after the firſt day of May, Anno Dom. 1638. after which reſtraint the ſaid
Earl, notwithstanding the ſaid reffraint, cauſed divers great quantities of Tobacco zo be
imported to his own uſe, and fraughted divers Ships with Tobacco, which he imported to
his orn
uſe : and that if any Ship brought Tobacco into any Port there, the
ſaid Earl and
his Agents uſed to buy the ſame to his own uſe, at their oron price. And if that the or-
ners refuſed to let him have the ſame at under values, then they were not permitted to
vent the ſame ; by which undue means, the Earl having gotten the whole Trade of To-
bacco into his own hands, he fold it at great and excesſive prizes, ſuch as he list to impoſe
for his own profit.
And the more to aſſure the ſaid Monopoly of Tobacco, be the ſaid Earl on the three and
twentieth day of February, in the Thirteenth Year aforeſaid, did iffue another Procla-
mation, commanding that none ſhould put to Sale any Tobacco by whole ſale, from and af-
ter the last day of May, then next following, but what ſhould be made up into Rolls, and
the ſame Sealed with two Seals by himſelf appointed, one at each end of the Roll. And fuch
as was not Sealed to be ſeiſed, appointing fix pence the pound for a reward to ſuch per-
fons as ſhould ſeize the ſame : and the perfors in whoſe cuſtody the unſealed Tobacco should
1
1
be
1
15
1 6 4.1.
Monopoly.
Traiteroully cauſe certain Troops of Horſe and Foot, armed in Warlike manner, and in
Warlike aray, mrith Force and Armes to expell Richard Butler from the podelion of
Honfes, Families, and poffeßions, as namely Ed. Brenman, Owen Oberman, Patrick
from the Scotch Rebellion to the King's Murther.
be found, to be committed to Goal, which last Proclamation was covered by a pretence for
the reſtraining of the Sale of unwholeſome Tobacco, but it was truely to advance the ſaid
Which Proclamation, the ſaid Earl did rigorouſly piłt in execution, by ſeizing the
Goods, Fining, Impriſoning, Whipping, and putting the offenders againſt the ſame Pro-
clamation on the Pillory, as namely Barnaby Hubbard, Edward Covena, John Tu-
men, and divers others : and made the Officers of State, and Juſtices of Peace, and
other Officers to ſerve him in compaſſing and executing theſe unjuſt and undue courſés, by
which Cruelties and unjust Monopolies, the ſaid Earl raiſed 100000 li. per annum gain
to himſelf
. And yet the ſaid Earl though he inhanced the Cuſtomes, where it concerned
the Merchants in general, yet drew down the impost formerly taken on Tobacco from fix
pence the pound to three pence the pound, it being for his own profit fo to do.
And the ſaid Earl, by the ſame, and other rigorous and undue means, raiſed ſeveral
other Monopolies and unlawful exactions for his own gain, viz. on Starch, Iron-pots,
Glaſſes, Tobacco-pipes, and ſeveral other Commodities.
13 That Flax being one of the principal and native Commodities of that Kingdome of
Ireland, the ſaid Earl having gotten great quantities thereof into his hands, and growing
on his owon Lands, did iſſue ont ſeveral Proclamations, viz. one dated the one and twen-
tieth day of May, in the
Eleventh of his Majesties Reign, and the other dated the one
and thirtieth day of January, in the ſame year, thereby preſcribing and injoyning the
working of Flax into Tearn and Thread, and the ordering of the ſame in ſuch ways
wherein the Natives of that Kingdom were unpractiſed and unskilful : which Proclama-
vions fo iſſued, were by his Commands and Warrants to his Majeſties Justices of Peace,
and other officers, and by other rigorous means put in execution, and the Flax wrought
or ordered in other manner than as the ſaid Proclamation preſcribed, was ſeized and im-
ployed to the uſe of him and his agents, and thereby the ſaid Earl endeavoured to gain,
and did
gain in effect the ſole Sale
of that Native Commodity.
14 That the ſaid Earl of Strafford, by Proclamation dated the Sixteenth of Octo-
ber, in the Fourteenth rear of his Majeſties Reign, did impoſe upon the Owners, Ma-
$ters, Purfers, and Boats-Swains of every Ship, a new and unlawful Oath, viz. that
they (two or more of them) immediately after the arrival of any Ship within any Port
or Creck in the ſaid Kingdom of Ireland, ſhould give in a true in-voice of the outward
belke of Wares and Merchandiſes and number of Goods, and the qualities and condition
of the ſaid Goods, as far as to them ſhould be known, the names of the ſeveral Merchants
Proprietors of the ſaid Goods, and the places from whence they were fraughted, and whi-
ther they were bound to diſcharge : which Proclamation was accordingly put in executi-
on, and
ſundry perfons enforced to take the ſaid unlawful Oath.
15 That the ſaid Earl of Strafford Trayterouſly and wickedly deviſed and contrived
by force of Armes in a warlike manner to ſubdue the Subje£ts of the ſaid Realm of Ire-
land, to bring them under his Tyrannical power and will, and in purſuance of his wicked
and Trayteroses purpoſes aforeſaid, the ſaid Earl of Strafford in the Eighth Year of his
Majesties Reion, did by his own Authority, without any warrant or colour of Law,
tax
and impoſe great Sums of Money upon the Towns of Baltemore, Baudenbridge, Ta-
lowe, and divers other Towns and Places in the ſaid Realm of Ireland, and did cauſe the
Same to be levied
upon the Inhabitants of thoſe Towns by Troops of Souldiers, with Force
and Arms, in a marlike manner. And on the Ninth day of March, in the Twelfth
Tear of his now Majesties Reign, Traiterouſly did give Autbority unto Robert Savile,
a Serjeant at Armes, and to the Captains of the Companies of Souldiers, in ſeveral parts
of that Realm, to ſend ſuch numbers of Souldiers to lye on the Lands and Houſes of ſuch
as would not conform to his orders untill they ſhould render obedience to his ſaid orders and
Warrants, and after ſuch ſubmiſſion (and not before) the ſaid Souldiers to return to
their Garriſons. And did alſo iſſue the like Warrants unto divers others, which War-
rants were in Warlike manner, with Force and Arms put in Execution accordingly,
and by ſuch Warlike means did force divers of his Alajesties Subjects of that Realm,
to ſubmit themſelves to his unlawful Commands.
And in the ſaid Twelfth rear of his Majeſties Reign, the ſaid Earl of Strafford did
Caſtle-Cumber, in the Territory of Idough, in the ſaid Realm of Ireland, and did like
mife and in like'Warlike manner, expel divers of his Majesties Subjects from their
1
+
Oberman,
1
16
I 641.
+
An Impartial Gollection of all the memorable Events
Oberman, Sir Cyprian Horsfield, and divers others, to the number of about an hue
dred Families, and took and impriſoned them and their Wives, and carried them Pris
foners to Dublin, and there detained them untill they did yield up, ſurrender, or releaſe
their reſpective Eſtates and Rights.
And the ſaid Earl in like Warlike manner, hath during his Government of the ſaid
Kingdom of Ireland, ſubdued divers others of his Majesties Subjects eaſily to his VV ill,
and thereby, and by the means aforeſaid, hath levied War within the ſaid Realm against
his Majeſty, and his Liege People of that Kingdom.
16. That the ſaid Earl of
. Strafford, the Two and twentieth of February, in the Se-
venth Tear of his not Majeſties Reign, intending to oppreſs the ſaid Subjeits of Ireland,
did make a Propoſition, and obtained from his Majestie an allowance, That no Complaint
of Injuſtice or Oppreſſion done in Ireland, ſhould be received in England against any, un-
Leſs it first appeared, that the Party made firſt his addreſs to him the ſaid Earl: and the
ſaid Earl having by ſuch uſurped, tyrannical, and exorbitant Power, expreffed in the for-
mer Articles, destroyed the Peers and other Subjects of that Kingdom of Ireland, in their
Liveș, Conſciences, Land, Liberties, and Eſtates, the ſaid Earl to the intent the better to
maintain and ſtrengthen his power, and to bring the People into a diſaffection of his Ma-
jeſtie, as aforeſaid, did uſe his Majeſties Name in the execution of his ſaid power.
And to prevent the Subjects of that Realm of all means of Complaints to his Majeſty,and
of Redreſs againſt him and his Agents, did iſſue a Proclamation, bearing date the Seven-
teenth day of September, in the Eleventh Year of his Majesties Reign thereby command-
ing all the Nobility, Undertakers, and others who held Eſtates and offices in the ſaid King,
dome, (except ſuch as were imployed in his Majeſties Service, or attending in England
by his Special Command) to make their perſonal Reſidence in the ſaid Kingdom of Ireland,
and not depart thence without Licence of himſelf.
And the ſaid Earl bath ſince iſſued of her Proclamations to the ſame purpoſe, by means
whereof the Subjects of the ſaid Realm are reſtrained from ſeeking Relief againſt the op-
preſſions of the ſaid Earl, without his Licence: which Proclamation the ſaid Earl bath
by ſeveral rigorous wayes, as by Fine, Impriſonment, and otherwiſe, put in execution on his
Majeſties Subjects,as namely, one, Parry,and others, who came over only to complain
of the Exorbitances and Oppreſſions of the ſaid Earl.
17. That the ſaid Earl having by ſuch means as aforeſaid, ſubverted the Government
and Lames of the Kingdom of Ireland, did in March in the Sixteenth year of his Ma-
jesties Reign, in Scandal of his Majesty, of all his Kingdums, and in further Execution
of his wicked purpoſes aforeſaid, ſpeaking of the Armies in Ireland, declare, That his
Majesty was ſo well pleaſed with the Army of Ireland, and the conſequence thereof that
bis Majesty world certainly make the ſame a pattern for all his Three Kingdoms.
18 That the ſaid Earl of Strafford, for the better effeiting of his Trayterous deſigns,
and wicked purpoſes, did indeavour to draw dependency upon himſelf of the Papiſts in both
Kingdoms of England and Ireland, and to that end during the time of Government in
Ireland, he reſtored divers Frieries, and Maſs-houſes, (which had been for merly ſup-
preßed by precedent Deputies of that Kingdom, two of which houſes were in the City of
Dublin, and had been aſſigned to the uſe of the Tniverſity there) to the pretended o on-
ers thereof, who have ſince imployed the ſame to the Exerciſe of the Popijl Religion.
And in the Moneth of May and June laſt, the ſaid Earl did raiſe an Army in the
Said Realm, conſiſting of Eight thouſand Foot, all of which, except one thouſand, or there-
abouts, were Papists, and the ſaid'One thouſand were drawn out of the Old Army there,
conſiſting of Two thouſand Foot ; and in their places there were a thouſand Papiſts, or
thereabouts put into the ſaid Old Army by the ſaid Earl.
And the more to ingage and tye the nero Army of Papists to himſelf, and to encourage
them, and to diſcourage and wear out the Old Army, the ſaid Earl did fo provide; That
the ſaid Nero Army of Papiſts were duly payed, and had all Neceſſaries provided for
them, and permitted the Exerciſe of their Religion ; but the ſaid oid Army were for the
ſpace of one whole Year and upwards impaid.
And that the ſaid Earl being appointed a Commiſſioner with Eleven ſeveral Counties in
the Northern Parts of England, for Coinpounding with Recufants for their Forfeitures
due to his llajesty; which Commiſſion beareth date the Eighth day of July, in the Fifth
Year of his Majesties Reign that not is, and being alſo Receiver of the compoſition Mo-
ney thereby ariſing, and of other Debts, Duties, and Penalties for his Majeſties Uſe, by
Letters Patent's dated the 9. day of the ſaid July: he, to engage the ſaid Recuſants to
him, did compound with them at low and under Rates, and provided, that they ſhould be
diſcharged
.
!
17
T 64
Vath, sooo pounds apiece, and their two Daughters and James Gray, 3000 pounds a-
from the Scotch Rebellion to the King's Murther.
diſcharged of all proccedings against them, in all his Majeſties Courts, both Temporal
and Ecclefiaftical, in manifeſt breach of, and contrary to the Lawes and Statutes of this
Realm, in that behalf establiſhed.
19. That the ſaid Earl having Taxed and Levied the ſaid Impoſitions, and raiſed
the ſaid Monopolies, and committed the ſaid Opprefſions in his Majesties Name, and as
by his Majeſties Royal Command, be the ſaid Earl in May the 15th Year of his Maje-
ſties Reign, did of his own authority contrive and frame 4 neto and unuſual Oath, by the
purport whereof among many other things the party taking the ſaid Oath was to ſmear that
he ſhould not protest againſt any of his Majeſties Royal Commands, but ſubmit themſelves
in all Obedience thereunto. Wbich Oath he lo contrived to enforce the ſame or the Subjects
of the Scottiſh Nation, inhabiting in Ireland,and out of a hatred to the faid Nation, and to
put them to a Diſcontent with his Majesty, and his Government there, and compelled di-
vers of his Majeſties ſaid Subječts there to take the ſaid Oath, fome he grievouſly Fined
and Impriſoned, and others be deſtroyed and Exiled, and namely the noth of October,
Anno Dom. 1639. be fined Henry Steward and his Wife, who refuſed to take the ſaid
piece, and Impriſoned them for not paying the Faid Fines. The ſaid Henry Steward's
Wife and Daughters and James Gray, being the Kings Liege People of the Scottiſh Na-
tion; and divers others he uſed in like manner : And the ſaid Earl upon that occafion did
declare, That the ſaid Oath did not onely oblige them in point of Allegiance to his
Majeſty, and acknowledgment of his Supremacy only, but to the Corcmonies and
Government of the Church eſtabliſhed;
or to be eſtabliſhed by his Majeſties Royal
Authority; and ſaid, That the refuſers to obey, he would proſecute to the
blood.
20. That the ſaid Earl in the 15 and 16 Years of his Majeſties. Reign, and divers
years paſt, laboured and endeavoured to beget in his Majeſty an ill Opinion of his Sub-
jects, namely, thoſe of the Scottih Nation, and divers and fundry times, and eſpecially
Since the l'acification made by his Majeſty with his ſaid Subjiets of Scotland in Summer.
in the 15th rear of his Majeſties Reign be, the ſaid Earl did labour and endeavour tá
perſwade, incitegand provoke his Majeſty to an Offenſive War againſt bis fardSubjects of
the Scottiſh Nation: And the ſaid Earl by his Council, Actions and Endeavors hath been
and is a principal and chief Incendiary of the War and Diſcord between bis Majeſty and
his Subjects of England and the ſaid Subjects of Scotland, and hath declared and adviſed
his Majesty, That the Demand made by the Scots in this Parliament were a fuffi-
cient cauſe of War againſt them.
The
ſaid Earl having formerly expreſſed the height and rancor of his mind towards
his Subječts of the Scottish Nation, viz. the tenth day of October, in the 15 year of his
Majeſties Reign, he ſaid that the Nation of the Scots were Rebels, and Traytors, and he
being then about to come 10 England, he then further ſaid, That if it pleaſed his Master
(meaning his Majesty) to ſend him back again, he would root out of the ſaid Kingdome
(meaning the Kingdom of Ireland) the Scottiſh Nation both raot and branch.
Some Lords and others, who had taken the ſaid Oath in the precedent Article onely
excepted : and the ſaid Earl hath cauſed divers of the ſaid ships and Goods of the Scots
to be ſtayed, ſeized, and moleſted, to the intent to ſet on the ſaid War.
21. That the ſaid Earl of Strafford, ſhortly after bis Speeches mentioned in the last.
precedent Article, to wit, in the fifteenth year of his Majeſties Reign, came into this
Realm of England, and was made Lord Lieutenant of Ireland, and continued his Go-
vernment of that Kingdom by a Deputy : At his arrival bere, finding that his Majeſty
with much wiſedom and goodneſs had compoſed the troubles in the North, and bad made a
Pacification with his Subjelts of Scotland; he laboured by all means to procure his Ma-
jeſty to break that Pacification, incenſing his Majeſty againſt bis Subjects of that King-
dome, and the proceedings af the Parliament there.
And having incenſed his Majesty to an offenſive War againſt bis ſaid Subje&ts of
Scotland, by Sea and by Land, and by pretext thereof, to raiſe Forces for the mainte,
nance of that War, be counſelled his Majeſty to call a Parliament in England, yet the ſaid
Earl intended, if the ſaid proceedings of that Parliament should not be ſuch as would
stand with the ſaid Earl of Strafford's miſchievous deſigns ke would then procure his Ma-
jeſty
to break the ſame ; and by ways of Force and Power, to raiſe Mories upon the ſaid
And for the incouragement of his Majeſty to hearken to bis advice, he did before his
Majeſty and his Privy-Councel, then ſitting in Councel, make a large Declaration,
that
Subjects of this Kingdoin.
Vol. II.
D
1
18
1 641.
j 'ply him.
h
23. That
I
An Impartial Collection of all the memorable Events
that he would ſerve his Majesty in any other way, in caſe the Parliament ſhould not fup-
22. That in the month of March, before the beginning of the left Parliament, the ſaid
Earl of Strafford went into Ireland, and procured the Parliament of that Kingdome to
declare their aſſiſtance in a War againſt the Scots. And gave directions for the raiſing
of an Army conſisting of 8cco Foot, and 1000
Horſe, being for the most part Papists,
as aforeſaid. “And confederating with one Sir George Radcliffe, did together with him
the ſaid Sir George, Trayterouſly conſpire to employ the fruid. Army for the ruine and
deftrultion of the Kingdome of England, and of his Majeſties Subjects, and of altering
and ſubverting of the Fundamental Laws of this Kingdome.
And ſhortly after, the ſaid Earl of Strafford returned into England, and to fundry
perfons declared his opinion to be, That his Majeſty ſhould firſt try the Parliament
here, and if that did not ſupply him according to his occaſions, he might uſe then
his Prerogative as he pleaſed, to levy what he nceded, and that he ſhould be ac-
quitted both of God and man, if he took ſome other courſes to fupply himſelf,
though it were againſt the will of his Subjects.
ироп
the thirteenth day of April laſt, the Parliament of England met, and
the Commons houſe (then being the repreſentative Body of all the Commons in the King-
dome) did according to the truſt y epoſed in them, enter into debate and conſideration of
the great grievances of this Kingdome, both in reſpect of Religion, and the publick liberty
of the Kingdome, and his Majeſty referring chiefly to the Earl of Strafford, and the
Archbiſhop of Canterbury, the ordering and diſpoſing of all matters concerning the Par-
liament : He the ſaid Earl of Strafford, wirb the aſſiſtance of the ſaid Archbifhop, did
procure his Majeſty by ſundry Speeches and Meſſages, to urge the ſaid Commons houſe to
enter into ſome reſolution for his Majeſties Supply for maintenance of his War againſt
his Subjects of Scotland, before any courſe was taken for the relief of the great and preſ-
fing Grievances, wherewith this Kingdom was then afflicted. Whereupon, a demand was
then made from his Majeſty, of 12 Subſidies, for the releaſe of Ship-money only; and
while the ſaid Commons then aſſembled (with expreſſions of great affeition to his Maje-
Sty and his ſervice) were in debate and confideration of ſome ſupply, before reſolution by
them made, be the ſaid Earl of Strafford, with the help and aſſistance of the ſaid Arch-
biſhop, did procure his Majeſty to diffolve the laft Parliament, upon the s day of May
laft : and upon the ſame day the ſaid Earl of Strafford did Treacherouſly, Falſely, and
Maliciouſly endeavour to incenſe his Majesty againſt his loving and faithful Subjects who
has been Members of the ſaid Houſe of Commons, by telling his Majesty, they had deni-
ed to fupply him. And afterward upon the ſame, did Treacherouſly and Wickely Coun-
filand Adviſe bis Majeſty to this effcct, viz. That having tried the affections of
his people, he was looſe and abſolved from all rules of Government, and was to
do every thing that power would admit, and that his Majeſty had tried all ways
and was refuſed, and ſhould be acquitted both of God and man, and that he had
an Army in Ireland (meaning the Army above mentioned, conſiſting of Papiſts,
his dependants as is aforeſaid) which he might imploy to reduce this
Kingdom to
obedience.
24 That in the ſame month of May, he the ſaid Earl of Strafford, Falſely, Treache-
rouſly, and Malicioufly, publiſhed
and declared before orhers of his Majeſtics Privy-
Councel, that the Parliament of England had forſaken the King, and that in denying to
Supply the King, they had given him the advantage to ſupply bimſelf by other ways: "and
divers other times he
did italicionsfly, Wickedly, and Falſely publiſ and declare, that
ſeeing the Parliament had refuſed to ſupply his Majeſty in the ordinary and uſual way, the
King might provide for the Kingdome in ſuch ways, as he ſhould hold fit, and that he was
not to fosffer himſelf to be mastered by the frowardneſs of the People.
And having ſo maliciouſly pandered the ſaid Houſe of Commons, he did with the
help and advice of the ſaid Archbiſhop of Canterbury and the Lord Finch, late Lord
Keeper of the Great Seal of England: cauſe to be printed, and publiſhed in his Maje-
ſties name, a falſe and ſcandalores book entituled, his Majeſties Declaration of the can-
Tes that moved him to diffolve the laſt Parliament, full of bitter and malicions invectives,
strd falſe, and ſcandalous afperſions against the ſaid Houſe of Commons.
25. That not long after the diſſolution of the ſaid last Parliament,(viz. In the months
of May and June ) He the Earl of Strafford,did adviſe the King to go on rigorouſly in
levying the
ship-money, and did procure the Sheriffs of ſeveral countries to be ſent for,
for not levying the Ship-money, dirers of which were threarned by him to be fred in the
Star-
'1
ri
.
mients.
of
folot;, notwithſtanding that the ſaid Lord Conway bad formerly by Letters informed
1: fufficient to encounter the Scots, by which advice of his, he did contrary to the day of his
place betray his Majeſties Army then under his command, to apparent danger and
from the Scotch Rebellion to the King's Murther.
19
Star-Chamber, for not levying the ſame, and divers of his Majesties loving Subjects | 1 6 4 1.
were ſent for and impriſoned by his advice , about that and other illegal pay-
And a great loan of a hundred thouſand pounds was demanded of the City of London,
and the Lord Mayor, and the Aldermen and the Sheriffs of the ſaid City, were often ſent
for by his advice to the Councel Table, to give an account of their proceedings in raiſing
of ship-money, and furthering of that loan, and were required to certifie the names
ſuch inhabitants of the ſaid City as were fit to lend, which they with much humility.refi-
fing to do, be the ſaid Earl of Strafford did uſe theſe or the like Speeches : viz.' That
they deférved to be put to Fine and Ranſome, and that no good would be done
'with them, till an example were made of them, and they were laid by the heels,
and ſome of the Aldermen hanged up.
26. bat the ſaid Earl of Strafford by his wicked Counſel having brought his Ma-
jesty into exceſſive charges without any just cauſe, he did in the month of July last (for
the ſupport of the ſaid great charges) counſel and approve two dangeroks and wicked
Projects: viz.
To ſeize upon the Bullion, and the money in the Mint.
And to imbaſe his Majeſties Coyn with the mixtures of Braſs.
And accordingly he procured One hundred and thirty thouſand pounds, which was then in
the Mint, and belonging to divers Merchants, Strangers, and others, to be ſeized on,
and ſtayed to his Majeſties ufe. And when divers Merchants of London, owners of
the ſaid Bullion, came to his
houſe to let him understand the great miſchief, that courſe
would produce here, and in other parts what prejudice it would be to the Kingdome, by
diſcrediting the Mint, and hindring the importation of Bullion; be the ſaid Earl told
them. That the City of London dealt undutifully and unthankfully with his Maje-
ſty; and that they were more ready to help the Rebel than to help his Majeſty :
and that if any hurt came to them, they may thank themſelves; and that it was
the courſe of other Princes to make uſe of ſuch Moneys to ſerve their Occa-
And when in the ſame Month of July, the Officers of his Majesties Mint came
to him and gave him divers reaſons against the imbaſing the ſaid money, be told them
that the French King did uſe to ſend Commiſſaries of Horſe with Commisſion to ſearch
into mens Estates, and to peruſe their accounts, ſo that they may know what to levy of
them by force, which they did accordingly leavy: and turning to the Lord Cottington,
then preſent, ſaid; That this was a point worthy his Lordſhips conſideration.
37. That in or about the Month of Auguſt laft be was made Lieutenant General of
all his Majeſties Forces in the Northern parts againſt the Scots, and being at York,did
in the Month of September by his own authority, and without any lawful warrant, im-
poſe a Tax on his Majesties Subjects in the County of York of eight pence per diem, for
maintenance of every Soldier of the Trained bands of that County, which Sums of Money
be cauſed to be levied by force. And to the end to compel his Majesties Subjects out of
fear and Terrour to yield to the payment of the ſame, He did declare that he would com-
mit them that refuſed the payment thereof, and ebe Soldiers ſhould be ſatisfied out of their
Eftates; and they that refuſed it, were in very little better condition sban of High-
Treafon.
28 That in the Month of September and October last, be the ſaid Earl of Straf-
ford, being certified of the Scottiſh Army coming into the Kingdome, and be the ſaid
Earl of Strafford being Lieutenant General of his Majefties
. Army, did not provide to
the defence of the Town of New-Caſtle, as he ought to have done, but ſuffered the ſame
to be loft, that fo he might the more
incenſe the Engliſh againſt the Scots.
And for the ſame wicked purpoſe, and out of a malicious deſire to ingage the Kings
Kingdoms of England and Scotland in a National and Bloody War, be did write to
the Lord Conway the General of the Horſe, and under the ſaid Earls command, that he
fiscald Fight with the Scottiſh Army at the paſſage over the Tyne, whatſoever ſhould
fions.
I.
lofs.
All and every which Words, Counſels and Actions of the Said Earl of Scrafford
Traiterouſly and contrary to his' Allegiance to og SoveraginLord the King, and with
Vol. II,
D 2
anl
+
20
A
I 6 4 11
An Impartial Colle&tion of all ibè memorable Events
an intention and endeavour to alienate and withdraw ihe hearts and affe&tions of the
Kings Linge Prople of all his Realms from his Maj:sty, and to ſet a diuifiin beereen
them, and to ruine and deſtroy his Mojeſties uid kinydoms. For thich they do further
impeach him the ſaid Thomas, Earl of Strafford, of High Treaſon againjt o‘r Soveraign
Lord the King, his Crown and Dignity.
To which, the Earl according to the Order of the Houſe of Lords,
prefixing the 23 of February for that purpole; being brought to their
Houſe gave in his Anſwer in two hundred Shects of Paper; an abriract
whereof as I find it in' Mr. Ruſhworth's Trial of Thomas Earl of Siratford,
is here ſubjoined.
Feb. 23.
TO
The Anſwer
O the Firſt Article, he faith, He conceives that the Commiſſion and Inſtru-
of Tho. Earl of
etion differ not from thoſe formerly granted, but refers to them, and that
Strafford to the ſuch Alterations and Additions as were made, were (for ought he knoweth) ra-
28 Articles of ther for the explanation than for the enlarging of the Juriſdiction, the Care
the Commons whereof was left to the Secretary of that Council, and to the King's Learned
Council, to be paſſed for the good of the King's Service, and the Publick Welfare
of that Province'; for Legality of the Proceedings, divers eminent Lawyers were
joyned with the Preſident, who, for the Legal parts, was by them to be direct-
ed. He did not adviſe or procure the enlargement of the Commillion and Inſtructi-
ons, and he believeth nothing hath been practiced fince, that was not in former
Times, contained in former Commiſſions, under general words. He believeth
Sir Conyers Darcy was lawfully Fined for Miſdemeanors, as a Juſtice of Peace; and
hath heard, ne being in Iriland, that Sir John Boucher was fined for ſome great
Abuſe at the Kings being at York, going into Scotland to be Crowned; to the
Proceedings he refers himfelt. He denies that he hath done any thing by that
Commiilion or Inſtruction, other than he conctived he night by virtue thereof
lawtuly do.
The little Fin-
To the Second Article, He denieth the ſpeaking of thoſe words, but faith,
ger of theLaw. That 30, 401. or more, being returned as Iflues out of the Exchequer, againit
ſome that had compounded for Knighthood, for 10l. or 201. ſo as the iſſues far
exceeded the Compoſition, and yet would next time have been incrcaſed. The
faid Earl upon this occalion ſaid, That now they might ſee, that the little Finger
of the Law was heaviir than the King's Loins, which he ſpake to nourish good Af-
fections in them towards His Majilty, and not to threaten or terrifie any, as the
Article is ſuppoſed,
To the Third Article, he faith, Ireland is not Governed by the ſame Laws
Ireland a Con-
quercdNation.
that this Kingdom is, unleſs it be nicant by the Common Laws, their Cuſtoms
Statutes, Exi cucion of Martial Laws, Proceedings at Council-Board
very
much
differ, they ſpake not the words in the Article to any ſuch intent; He faith, It
might be fit enough for him to remember them of the great Obligation they had
to the King and His Progenitors, that stiftered them, being a Conquer'd Nation,
to enjoy Freedom and Laws, as their own people of this Kingdom ; and it might
be, that upon ſome ſuch occaſion, he ſaid to thoſe of Dublin, That ſome of their
Charters were void, and nothing worth, and did not bind His Majeſty farther than
He pleaſed, which he believes to be true, having been formerly ſo informed by His
Majeſties Learned Council upon ſundry occaſions.
Lawyers not To the Fourth, he faith, That the legal and ordinary Proceeding at Council-
to diſpute the Table are, and time out of mind have been by Petition, anſwers, examination of
Orders of the Witneſſes, as in other Courts of Justice concerning Britiſh Plantations, the Church
and Cafes hence recommended by the King, for the time being, and in Appeals
Board, in the
Earl of Cork's from other. Courts there; and the Council-Board have always puniſhed Con-
Caſe. tempts to Orders there made, to Proclamations, and Acts of State, by Fine and
Impriſonmeut. He Liith, That it might be, he told the Earl of Cork, that he
would Impriſon him if he diſobeyed the Orders of the Council-Table, and that he
would not have Lawyers diſpute or queſtion thoſe Orders, and that they ſhould
bind, but remembreth not the Compariſon of Acts of Parliament; and he hach
been ſo far from ſcorning the Laws, that he hath endeavoured to maintain them;
the Suit againſt the Earl, in the Caſtle-Chamber, was concerning the Poflellions
of
Council
1
1
1
+
1
.
tial Law.
2
of Money, was Ordered to deliver up the Wricing, 110 AlTurances being pero
from the Scorch Rebellion to the King's Murtker. 22
of the Colledge of You hall, worth 6 or 700 l. which he had endeavource to get,
1 64 1.
by cauſing of unlawful Oaths to be taken, and very undue mans, the matter.pro-
Creded to Examination and Publication of Witnalles, and after, upon the Earl of
Cork's humble Suit, and payment of 15000 l. to His Maj fty, and his acknowl.dg-
mut of his Miſdemeanors, obtained a Pardon, and the Bill and Proceedirgs were
taken cff the Files, and he remembers not any Suit for briach of any Order made
at Council Table,
To the Fifth, he ſaith, The Deputies and Generals of the Army have always Lord Moxxt-
executed Martial Law, which is neceſſary there, and the Army, and the Mem- norrus fenten-
bers thereof, have been long time Governed by printed Orders according to which, ced to fuffs
di ath by Mar-
divers, by Sentence of the Council of War, have formerly been put to death as
well in the time of Peace as War. The Lord Mountnorris, being a Captain of a
Company in the Army, for mutinous words againſt the ſaid Eurl, General of
that Army, and upon two of thoſe ancient Orders was proceded againſt by a
Council of War, being the Principal Officers of the Army, abcut, twenty in
number, and by them, upon clear Evidence, Sentenced to Diał, wherein the
faid Earl was no Judge, but laboured ſo effcctually with His Majesty, that he ob-
tained the Lord Mount norris's Pardon, who, by that Sentence, fiiffered no pir-
ſonal hurt or damage, ſave aboui two days Inipriſonment. And as to the other
Perſons, he can make no Anſwer thereupto, no particulars being decibid.
To the Sixth, he faith, The Suit had depended many. yaars in Chincery, and The Lord
the Plaintiff Complaining of that delay, the frid Earl, upon a Puricioti, (as in Mountxorris
ſuch Caſes hath been uſual) calling to him the then Maiter of the Rolls, the now pur aut of
Lord Chancellor, and the Chief Juſtice of the Common-Plens, upon tlie Proots in
the Chancery, decreed for the Plaintiff, to which te refors 1.imſelf, and it inay be
the Lord Mountnorris was thereupon put out of his pofillion.
To the Sevinth, he faith, His Majeſty being Inricukd to divers Lands, upon Lord Dillor
an Inquiſition found, Proclamation was made, That ſuch as Climud by Patent his Pirent
ſhould come in by a day, and have their parents allowed, as it ihy had been queitioned.
found in the liquiſition, and accordingly divers were allowed. The Lord Dillon
prolaced His Patent, which being que Itionabli, he confented, and deſired chat a
Céſe might be drawn, which was drawn by Courril, and orgued, and the Judges
de livered their opinions, but the Lord Dillon, ilor a iy cher, were bound there-
by, or put out of Pollellion, but might have trave: l d the ofice, or otherwiſe
legally have proceeded, thác Cáſe or Opinion notwith ſtanding.
To the Eighth, he faith, Thai upon Sir John Gifford's P..i.ion to the King, The Lord
His Majeſty referred it to the Deputy and Council i Ireland, wh:re the matter Loftus cloſe
proceeding legally to a Decrec againſt the Lord Loftus, an! upon his Appeal, declioneira not
delivering the
that Decree, by his Maj Ity and his Council of En Lind, was confirmed, to
which Decree and Order he refers himſelf, b.la..g the Lord Lifquis was com-
mitted for diſobeying that Decree, and for continuarce in cont:mpt commit-
ted cloſe Priſorer. He faith, That the Lord Loftus having committed divers
Contempts, the Council by Warrant required nim to ap.ar at the Board, and
to bring the Great Seal with him; which Order he difub.de:', and was ſhort-
ly after committed, and the Great Seal was delivered up by his Maj îties expreſs
Command, and not otherwiſe. And an Information was 'xi.ibited in the Star-
Chamber, for grievous Oppreſlions done by th: Lord Loftmis Chancellor, where-
of he was ſo far from juſtifying, as that he ſubniitte.d, defiring to be an Object
of his Majeſtics Mercy, and not cf his Juſtice.
The Earl of Kildare för not performing of an Award made by King James, The Earl of
and of an Award made in purſuance thereof, by the f.id Earl of Strafford, upon Kildare Com.
a Reference from His Majeity, was by the Dipity and Council Committed, and mitted.
a Letter being unduly obtained, he did not thereupon enlarge lim; but upon a-
nother Letter, and ſubmillion to the Orders, as by the King was directed, he
was enlarged.
The Lady Hilbots, and one Hoy her Son, having upon a Petition, Anſwer,
Examination of Witneſſes, and other Proceedings at Council-Board, been found
to have committed foul abuſes by Fraud and Circumvention, to have made a
Bargain with the Pecitioner Hibbörs, for Larris of a yr at v»lue, for a ſmall fum
obeyed
{
Grcat Seal.
1
22
I 6
4 I.
1
...
1
1
An Impartial Collection of all the memorable Events
obeyed not thatOrder,but denieth that the Lands were after ſold to Sir Robert Me
redith to his uſe,or that by any Order by himſelf made, any one hath been Impri-
ſoned concerning Freeholds, but for debts and perſonal things, as ſome have been
uſed by all his Predeceſſors in like Cauſes.
To the Ninth, he faith, Warrants to ſuch Effects have been uſually granted
to the Biſhops in Ireland, in the times of all former Deputies; but the Earl not
fatisfied with the conveniency thereof, refuſed to give any ſuch Warrants in
gene-
ral to the Biſhops as had been formerly done; but being informed that divers in
the Diocefs of Down gave not fitting Obedience, he granted a Warrant tº that
Biſhop, whereto he referreth, which was the only Warrant he granted of that
Nature, and hearing of ſome Complaints of the Execution thereof, he recalled
it.
To the Tenth, he faith, The Lord Treaſurer Portland offered the Farm of the
Cuſtoms for 13000 l. per annum in ſome particular Species, but the Earl of Straf-
ford advanced the fame Cuſtoms to 15500l. per annum, and 8000 l. Fine, and by
His Majeſties Command became a Farmer at thoſe Rates propoſed, without addi-
tion to thoſe Rates, as by the printed Books 7 Car. Regis may appear; he diſſwa-
ded the advance of Rates lately propoſed by Sir Abraham Dawes, fo as it was de-
clined, the Rates of Hydes and Wooll are moderate, conſideration being had of
their true value, and of the Places whereto they are to be tranſported, and of the
Statute made in the time of Queen Elizabeth, and there in force, prohibiting the
Exportation of Wooll, unleſs they pay to the Crown 5 s. the Stone; the Trade
and Shipping of that Kingdom are exceedingly increaſed.
To the Eleventh, he faith, Pipe-ſtaves were prohibited in King Fames's Time,
and not Exported, but by Licence from the Lord Treaſurer of England, or Lord-
Deputy of Ireland, who had 6 s. 8 d.a. 1000, and his Secretary 3 s. 4 d. for the
Licence ; but to reſtrain that deſtruction of Timber; by Command of His Maje-
ſty, and Advice of His Council, for His Revenue in Ireland, firſt 30 s. then 3 1. the
money was paid to His Majeſty, who hath thereby about 1500 l. per annum
and his Lordſhip loſt about 4 or sool. per annum, which his Predeceſſors had
for ſuch Licences. This is paid by the Tranſporter, not by the Natives, whoſe
Commodity nevertheleſs appears by the Article to be very much increaſed.
To the Twelfch, he faith, The Subſidies there are an Inheritance in the Crown
by Act of Parliament, 6 d. was paid for Subſidy, and 1s. 6. d. for Impoſt upon
every pound of Tobacco, and Farmed 10 or 20 l. per annum, the Commons in Par-
liament, 10 Car. Regis, finding the Revenue to be ſhort of the Expence of that
Kingdom 24000 l. per annum, Petitioned, thoſe Grants might be applied to increaſe
His Majeſties Revenue, without calling upon the Subject, but upon urgent Occa-
ſions : Hereupon upon the Advice of the Committee of the Revenue; and in
confideration of a Proclamation made in England,, ſeveral Proclamations were
made, and this ſettled in a way, till it could be confirmed by Parliament, for which
purpoſe a Bill is tranſmitted, according to the deſire of the Commons,
and the Im-
post of Tobacco is Let to Contractors for eleven years, at sooo l. per annum for
the firſt five years, and 10900 l. per annum for the other ſix years, and the Earl
hath lent money to forward the buſineſs, and by His Majeſties Allowance is a
Partner, but hath not as yet in two years laſt paſt had any Accompts thereof, or
made benefit thereby. He knoweth of no whipping, or other puniſhment ; the
Farmes of the Cuſtoms are better than formerly, 2000 l. per annum, five 8 parts
whereof is yearly paid unto His Majeſty; the prices of Tobacco exceed not 2 s. or
25.4
d. the pound, the ſettling of that Revenue, according to the Petition of the
Commons, he hath not raiſed, or countenanced any Monopolies, but oppo-
fed the fame.
To the Thirteenth, he faith, He endeavoured to advance the Manufacture of
Limen rather than of Woollen-Cloth, which might prejudice that Trade here;
he bought Flax-ſeed in the Low-Countries, and ſold it at the fame Rate
to ſuch as
deſired it, they making
their Cloaths not above a Foot broad, and winding 8 or
to threads from ſeveral bottoms together; the contrary was twined, their Flax
formerly not above a Foot, became a yard in length, and that foil is fít to bear it,
and the People love ſuch eaſie Works; He hath fet up many Looms, made much
Cloth, and ſold it to the loſs of fome Thouſands of pounds; but when the State
faw the Natives would not change their old Courſes for new and better, the Pro-
clamation
!
1
:
TH
W
-7
.
1
2-3
1 64
like nature
1
1
ment of the Officers and Souldiers of the Old Iriſh Army, in diſcharge of their ſe-
from the Scotch Rebellion to the King's Murtber.
clamation was declined. What he did was for the Publick Good, and had no-
thing from them that was not fully paid for.
To the Fourteenth, he faith, He refers to the Oath and Proclamation, which
was ſet forth by the faid Earl and Council of State there, at the inſtance of the
> Farmers of the Cuſtoms, towards the defrauding of the King's Duties being in
France, whersof His Majeſty had five eight parts : He never heard any Complain
of the Oath, or of any that refuſed to take it, and conceived it to be lawful, di-
vers of the Council approving it, being Learned Judges of the Law, to whoſe
judgment, for the legality, he ſubmitted, as well in that as to other matters of
To the Fifteenth, He denieth what is in the Article Objected, but faith, That
about the Year 1626.certain Agents authorized in Ireland, were ſent into England,
and offered and agreed to pay to His Majeſty 120000 l. in Six Years,towards the
maintenance of his Army, and a like payment of 20000 l. per annium, was after
agreed, and continued for Three Years longer; the Aſſeſsments were made, and
it was ſhortly after, by them and the Lord Faulkland then Deputy, agreed in Ire-
land, that the Money ſhould not be charged upon Record, but levied by Captains,
by Paper-Aſſignments, upon Warrants from the Lord Deputy; and this courſe
was held four
years in the Lord Faulkland's time, and the four years wherein the
Lord Loftus and the Earl of Cork were Lords Juſtices there; and it held for the
remaining year only, after the Earl of Strafford came thither; but the Earl of
Cork, having ſpared thoſe Towns for the benefit of himſelf and Tenants during
the time of his being Juſtice: The Earl of Str.:fford reduced the Aſeſsments to
what it was made by the Lord Faulkland, and gave way that Sir William St. Lieger,
Lord Preſident of Munſter, to take the ſame Arrerages, in fatisfaction of a Debt
due unto him by His Majeſty, and he is confident no force was uſed in levying
the ſame: It hath been uſual to lay Souldiers to levy that Contribution, to ſend
Souldiers to apprehend Contemners of Orders made at Council-Board, and the
like; and when Out-Laws and Rebels have been in the Woods, no Souldiers have
in his time been laid, but by the Advice of the Council there. Touching the
Castle-Chamber, it's a parcel of the Territory of Ideough, whereto the King was
Intituled by Inquiſition, and the Poſſeſſion eſtabliſhed in a Legal way, when the
ſaid Earl was in England, and no Souldiers were ſent, but only 12 at the intreaty
of Mr. Wanesford, for ſecurity of his Houſes and Plantations againſt Rebels that
then werc out, and burned and ſpoiled Houſes thereabouts; and neither Richard
Butler's, or any other family were thence expelled by the ſaid Earl from their
Eſtates.
To the Sixteenth, he ſaith, There was ſuch a Propoſition which was juſt, to
prevent clamorous Complaints here, which there might be redreſed; but con-
ceives that by the Laws there, and the Articles known ſince (by the name of the
Articles of Grace made about Fourteen Years ſince) none ought to depart that
Kingdom without Licence.
Thereupon, the Advice of the State, the Proclamations were ſet forth, but not
with ſuch intent as in the Article.
He denied Licence only to Three, the Earl of Cork, the Lord Mount-Norris, and
Sir Frederick Hamilton ; To the two former, in regard of Criminal Suits then
againſt them in the Castle-Chamber; To the other, by ſpecial Command from His
Majeſty', but ſo ſoon as Sir Frederick ſaid he would complain of the Earl,he made
Suit to His Majeſty, That Sir Frederick might come over, which was granted ;
He conceives ſuch reſtraint to be neceſſary, and if that it be not continued, it will
prove of Evil Conſequence to that Kingdom.
Parry was queſtioned at the Council-Board for Miſdemeanors, and to avoid Sen-
tence, fecretly went out of the Kingdom; and at his return, for that and other
Offences, was Fined and Impriſoned, to the Sentence thereof he refers and knows
of no other that were Impriſoned, as by the Article is Charged.
To the Seventeenth, he faith, It's like he might ſay (for the better encourage-
veral Duties) that His Majeſty was ſo well ſatisfied in the way and pains they took
in uing and practizing of their Arms, that
in that point he would let them as a
Pattern to be imitated, and conceives it would not be ill if they were ſo they be-
ing
1
\
F
24 An Impartial Colle&tion of all the memorable Events
1641. ing in the opinion of thoſe that have ſeen them Exerciſe, very Able and Export
Souldiers; he ſpake not other words, or to other purpoſe.
To the Eighteenth, he faith, When the Earl of Cork was one of the Lords
Juſtices, he ſeized fome Houſes in Dublin, pretending they belonged to Jufuits
and Fryers, without Legal Proceedings, which, upon Suits proſecutcd at Council-
Board, were, according to Juſtice, reſtored to the Owners; but how ſince im-
ployed the Earl of Strafford knoweth not, but endeavoured the utmoſt he could
to maintain that Seizure. Touching the 8000 men, he faith, They were raiſed
according to the King's Warrant, and that the ſaid Earl left the Care thereof to
the Earl of Ormond and others, and what number are Proteſtants, what Papists, he
knoweth not, but believeth ſuch a Body cannot be there raiſed, without many
Papiſts; the greateſt number of the Captains and Officers are Proteſtants, choſen
by the faid Earl. The 1000 man were drawn out of the Old, to make Officers
for the New Army, and believeth the 1000 put to the Old Army are Proteſtants,
in regard by his expreſs Order no Papiſt is to be admitted there a Common Sol-
dier. He never preferred any Captain, Lieutenant or Enſign to be of that Army
that was a Papist, and conceives they are duly paid; and believes thoſe newly
raiſed exerciſe the Religion no otherwiſe than was practiſed before the Earl's
coming thither : He was a Commiſſioner to Compound with the Recuſants for
their Forfeitures, and endeavoured to be informed of the utmoſt value of their
Eſtates; in four years he brought that Revenue from 2300 l. to be between 11
and 12000 l. per annum, more than ever was raiſed formerly in ſo ſhort a time, by
which faithful dealings, for His Majeſty, he procured the hard Opinion of the
Recufants throughout the Kingdom ; that out of thoſe Compoſitions he hath
paid near 100000l. into the Exchequer; and they had no other Priviledges than
what was exerciſed in the Commiſſion, and in former like Commiſſions, and as are
in the preſent Commiſſion to the Lord Treaſurer, and others.
To the Nineteenth, he faith, The laſt Sunimer was twelve months, when the
Engliſh and Scotch lay in the Fields near Berwick, the Earl and Council of Ireland
having a general motion thereof, were in fear that the Scots in Ulſter (being al-
moſt 100ooo in number) might be drawn to ſide with the Covenanters, and ad-
viſing how to ſecure that Kingdom, the Principal of the Nation of Scotland,living
in Ireland, came to Dublin and Petitioned, That he might have an Oath whereby
they might give Teſtimony of future Obedience to His Majeity; whereupon an
Oath was by the Advice of Council of State framed, and chearfully taken by thoſe
Scotch Gentlemen, and generally by all the Nation in Ireland, as the Earl con-
ceives to their advantage, and the ſatisfaction of others; he believes that ſome
were Sentenced for refuſing it, but none were otherwiſe exiled. The Earl in his
Vote faid, That he would endeavour, that all of that Nation ſhould take that
Oath, or leave the Kingdom, all which was done by His Majeſties Direction and
Approbation ; and it was not contrived to the intents in the Article Charged,
but to prevent their adhering to the Covenanters then in open Arms, and not con-
cerning the Ceremony or Government of the Church.
To the Twentieth, he ſaith, That in the Year 1638. the Earl was in Ireland,
when Preparations were made for War, and Summons ſent to the Nobility of this
Kingdom: In the Year 1639. a General was appointed, and an Army drawn to
the field, and Encamped near Berwick, whereby it appears he was not acquaint-
ed that the Article of Pacification had been broken on both sides, and ſo diſtem-
pered, that it was held fit an Army in England ſhould be raiſed, to ſuppreſs the
Covenanters,
if the buſineſs could not with Honour and Safety be otherwiſe
compoſed. The ſaid Earl humbly adviſed His Majeſty to call a Parliament, and
uſed many Motives thereunto ; after the Parliament was called, and before the
Sitting thereof, ten of the Lords, and other of the Council for Forreign Affairs,
being aſſembled, His Majeſty then preſent, an Honourable Perſon related the
Covenanters Demands; it was then Voted by all, That they were ſuch as might
not in Honour and Safety be condeſcended unto by His Majeſty ; and if they
could not be otherwiſe reduced, His Majeſty muſt be conſtrained to bring them to
it by force, the like Reſolution was after at the Council-Table by twenty of the
Council : Whereupon His Majeſty appointed a Council of War, and it was held
neceſſary to borrow 200000 l. upon good Security, till the Supplies by the Par-
liament
E
25
uno
1 641.
other kind.
bank faid, He feared the Houſe would firſt he Anſwered of their Grievances, and
Commons, by whom the reſt might the better be guided : Mr. Secretary Winde-
Voted for a Breach of the Parliament. Mr. Secretary Vane, in oppoſite terms,
faid, That there was no hope that they would give the King a Penny, and there-
fore abſolutely Voted for a Brçach. And the Earl of Strafford conceiving His
Majeſties Pleaſure to have accepted Eight Subſidies, had been delivered to the
from the Scotch Rebellion to the King's Murther.
liament might come in. He never ſaid the Scotch Nation were Rebels,but was c-
ver perſwaded that many of them are moſt'Loyal Subjects.
Thoſe that raiſed Arms, when they were at ſuch diſtance from His Majeſty,
he might ſay they were no leſs than Rebels and Traytors; by Warrant from the
Lord Admiral, he cauſed divers Ships and Goods to be ſeized, but not with an in-
tent to ſet on the War, but as much as in him lay to bring all to fair Accommoda-
tion, without expence of blood.
To the 21th, he faith, The pacification was broken before he came over, as
in the Anſwer to the former Article he moved His Majeſty for a Parliament in
England, but not with ſuch intent as in the Article, but out of a deſire to have
ſettled a right Underſtanding between the King and His people. It may be, he
faid, (though he remembreth it not) that if the Parliament would not Supply
His Majeity, he would ſerve His Majeſty in any other lawful way ; being well
aſſured that His Majeſty would not imploy him, nor any man elſe, in any
To the 22th, he ſaith, According to His Majeſties Inſtructions, he did fet
forth to the Parliament of Ireland, the State of the Affairs as they then ſtood, and
they freely gave four Subſidies, as an acknowledgment of His
Goodneſs and hap-
py Government, as by the Act and Remonſtrance appears in Print; He, by His
Majeſties Direction, then gave Order for the raiſing of 8000 Men, who ſtill re-
main in the King's pay, and were ſent into Ulſter to ſecure thoſe Parts, or to land
in Scotland, to divert the Earl of Argile, in caſe he joyned with the Covenanters
Army againſt the King ; but it was mentioned in the King's Letter, 2, Martii,
1639. he had purpoſely given out, That they ſhould join with the King's Army
at Berwick, to colour other Deſigns ; but the true cauſe of their Levying was
made known to be as aforeſaid unto the Earl of Ormond, Sir John Burlace, and the
Marquiſs of Hamilton, and Earl of Northumberland, at the time of the writing the
Letter, and he denies the words charged in the Articles, or any other words to
ſuch intent and purpoſe.
To the 231h, he ſaith, The matters of the Parliament were no otherwiſe re-
ferred to hini, than to the reſt of the Council
, that coming fick from Ireland a-
bout ten days after the Parliament were ſet, and after the Treaty with the Earl
of Dunfermline, Lord London, Scotch Commiſſioners, was broken off, and the Ar-
my preparing, and the Parliament not ſupplying Monies as His Majeſty deſired;
His Majeſty adviſed wat might move them to prefer His Supply; in debaté
whereof, he humbly adviſed His Majeſty, by a Meſſage to the Houſe, to lay down
Ship-Money, and promiſe never to demand it, and give way to reverſe the Judg-
ment by a Writ of Error in Parliament, and to promiſe a Redreſs of Grievances
when they ſhould be prepared. And ſecondly, That they would preſently agree
upon fuch Supply as ſhould maintain His Army, for reducing the Scots to their
Obedience, wherein their Safety and His Honour was concerned: His Majeſty
aſſented conditionally, that he might have 12 Subſidies ; the Earl beſonght Him
that it might not paſs as a Condition, but to Relinquiſh Ship-Money, and put him-
ſelf upon their Affections, and drew up the Meſſage in Writing, and delivered
it to Mr. Secretary Vane to deliver to the Houſe of Commons : He deſired to
know if His Majeſty would not take leſs than 12, His Majeſty Anſwered, He
feared leſs would not ferve His Occaſions ; The Earl of Strafford beſought' His
Majeſty to accept of Eight, ſo His Majeſty aſſented, and deſired Mr. Secretary to
fignifie ſo much, as occaſion ſhould be offered; but whether he did fo or not the
faid Earl knoweth not. The Houſe of Commons being in debate two days,and not
His Majeſty about the sth of May laſt called a Council at Seven of
the Clock in the Morning, the faid Earl being lick, came late, and was told, (as
he remembreth) by the Earl of Bark-ſhire, the King had declared His Reſolution
to Dillolve the Parliament; the Earl of Strafford beſought His Majeſty to hear
the Advice of His Council, and firſt of thoſe that were Members of the Houſe of
.
1
1
Reſolving
:>
Vol. II.
E
Houſe
.
1
1
26
I.
1
An Impartial Colle&tion of all the memorable Events
Houſt of Commons by Mr. Secretary Vane, did, in His Majeſties turn, deliver his
Vote for Breach of the Parliament, which otherwiſe he would not have done ;
it being contrary to what he Reſolved when he came thither, and like Opinion
was delivered by the reſt of the Lords, being about twenty, except two or three
at the moſt. The Parliament being Diffolved, His Majeſty deſired Advice of His
Council, How money might be railed, affirming, That the Scorch Army was rea-
dy to enter into the Kingdom; The faid Earl, in preſence of others in the Coun-
cil, delivered his Opinion, That in a Caſe of abſolute and unavoidable necellity,
which neither would nor could be prevented by ordinary remedies, provided by
the Laws, nor all His Majeſties other means ſufficient to defend the Common-
wealth Himſelf, or their Lives and Eſtates from an Enemy, without force of
Arms, cither actually entred, or daily expected to Invade the Realm ; He con-
ceived that His Majeſty was abſolved from ordinary Rules, and might uſe (in as
moderate a way the neceſſity of the Cauſe would permit) all ways and means for
defence of Himſelf and Kingdom, for that he conceived in ſuch extremity, Salus
Populi was Suprema Lex, provided it were not colourable, nor any thing demand-
ed imployed to other uſe, nor drawn into Example, when Law and Juſtice might
take place, and that when Peace was ſettled, Reparation was to be given to par-
ticular men, otherwiſe it would be unjuſt. This was not officiouſly declared but
in Council, forced by the duty of the Oath of a Counſellor, which is, that he ſhall
in all things to be moved, treated and debated in Council, faithfully and truly de-
clare his Mind and Opinion according to his Heart and Conſcience'; which Oath
the ſaid Earl took, and humbly prays their Lordſhips Conſideration there-
of; He denieth the words in the Article, or any words to the intent thereby
expreſſed.
To the 24th, he faith, He delivered his Opinion with ſuch. Cautions and Re-
ſtrictions, as in the Anſwer to the Precedent Article, and is well aſſured his Dif-
courſe at all times hath been without ill Intentions to either of the Houſes of Par-
liament, which he ever did, and ſhall think and ſpeak of with all Reverence. He
denies that he knew of the Publiſhing or Printing of the Book, nor who cauſed it
to be Printedor Publiſhed, for at that time he was ſick in his Bed, more like to
die than to live.
To the 25th, he faith, Ship-Money was levied, and adjudged to be due, before
his coming over. Sheriffs were then called up as before, and not otherwiſe. If
any were lued in Star-Chamber, it was without any particular indeavour of his :
It appearing at the Board, That the Mayor and Sheriffs of London had been flow
in Collecting Ship-Money, he ſaid, They were but Miniſterial, and ought to
Exact, and not diſpute the King's Writs, and that if through their remiſeſs the
King ſhould be leſs able to provide for the Publick Safety,when any Forreign Ar-
my was ready to enter the Kingdom, they might deſerve to be Fined and Ran-
ſomed; which he ſpake more to haſten them, than of purpoſe to adviſe any ſuch
Proſecution ; but đenies the other words, being, under favour, ſuch Expreſſions
as he is not accuſtomed unto.
To the 26th, he faith, He adviſed not either of thoſe Projects (being then
fick in Bed) but it being debated at the Council-Table, Whether it were better
for the King to raiſe Gold and Silver, or Coin baſe Money? He (for the Reaſons
then given ) delivered his Opinion for the latter. Sundry Merchants Adventu-
rers coming to his houſe, deſired him to move His Majeſty, then at Oatlands, to
Releaſe the Bullion, or Money; he told them, He knew of no ſuch thing, and
would not meddle with it ; nor would his Health permit him to go abroad, and
ſaid, That if their denying the King in ſuch a Publick Danger, the Loan of
100000l. upon good Security, the King were conſtrained, for the Preſervation
of the Land, to ſtay the Bullion, they might thank themſelves ; and the City re-
ceiving ſo great a benefit by Reliding amongſt them, they made but an unthank-
ful acknowledgment in ſuch a Straight, to refuſe the Loan of that Sum. The
Officers of the Mint came to the Council-Board, and the Earl then ſhewed a Let-
ter, he received from the Earl of Leiceſter, wherein was related, That the Car-
dinal had appointed Commiſſioners to go into the Merchants houſes at Paris, to
peruſe their Shop-Books and Accompts, and to Ceſs every man, according to his
Ability, towards the payment of the King's Army, and then ſaid, That it was
but juſt for Us here in England, to bleſs God for being under a King which could
not
IJ
4
1
27
I 641.
the great
Actions, he ſhall appear free from any great and hainous Offences wherewith he
from the Scotch Rebellion to the King's Murther.
not think upon ſuch a Preſſing upon the People. Buç the words in the Article, or
words to any ſuch intent he did not ſpeak,and cannot ſufficiently bemoan himſelf to
have been in all his words ſo ill underſtood, or ſo untruly Reported as he hath
been.
To the 27th, he faith, He perſwaded the Gentry of that Country, to allow the
Trained-Band a months Pay, which they yielded, and His Majeſty graciouſly ac-
cepted. It was by Council of War (His Majeſty being preſent) thought fit the
Trained-Bands ſhould return, ſave the two Regiments under the Command of Sir
William Pennyman and Sir Thomas Danby. It was aſſented unto by His Majeſty, and
Councel of the Peers then Allembled, That thoſe ſparcd ſhould Con-
tribute, and the faid Earl was commanded by them to ſee it done; which was
done accordingly by Warrants from him and from his Deputy-Lieutenants,which
was much leſs Charge to the Countries than otherwiſe, and denies the other par-
ticular in the Article mentioned.
To the 28th, he faith, He was Lieutenant-General to the Earl of Northumber-
land, about the 24th of Auguſt, of 10 or 12000 Foot and 2000 Horſe, being at
New-Castle under the Command of the Lord Conway and Sir Jacob Aſhley, and the
reſt of the Army at York; the ſaid Earl went from London, and the 26th of Ar-
gust, notwithſtanding his extream weakneſs, and came to York; and having re-
ceived a Letter from Sir Jacob Aſhley, that New-Caſtle was Fortified, and that
they
muſt be Infamous Beaſts to loſe it, and that it was fully Secured; and being ac-
quainted with ſeveral Diſpatches ſent by Mr. Secretary Vane, by His Majeſtics
Directions, to the Lord Combay, General of the Horſe, to oppoſe the Paſſage of
the Scots over the River of Tyne, the one dated 22. Auguſti, the other 23. Auguſti,
another 24. Auguſti, another 26. Auguſti
, the ſubſtance of which Letters are par-
ticularly mentioned in the Anſwer to this Article, and to the ſame Letters the ſaid
Earl referreth himſelf.
The ſaid Earl, upon ſight of this and Sir Jacob Aſhley's Letter, had reaſon to be-
lieve, that all fitting preparation was made, and then underſtanding that if the
Scotiſlı Army ſhould paſs the River, not only Nem-Castle altogether Unfortified
on the South partz would be loſt, but the faid Army of 11000 Foot and 2000
Horſe cndangered'; and hearing that the Scotijl, Army were diſtreſſed for want
of victuals; and knowing the advantage that was in oppoſing the paſſage of ſuch
a River. Hereupon the ſaid Earl, by a Letter dated the 27th of Auuſt, adviſed
the Lord Conway with all the Horſe, and at leaſt 8000 Foot, and all the Cannon,
to Marth and fight with them ; upon the paſſage of the River, at which time
the ſaid Earl had no charge of the Army ; but the truth is, the Lord Conway hav-
ing not with him all the Horſe, and not above 1500 Foot, and only ſome part of
the Cannon;was in a poſture to fight for the paſſage, before the ſaid Letter of ad-
vice came, which he received not half an hour before the Fight began, and pro-
ceeded according to his own judgment, and His Majeſties ſaid general Direction
and afterwards, that is about the 30th of August, and not before, the faid Earí
upon him the Charge of the Army at Darlington, and brought it to York to
be ſupplied with Neceſſaries that they wanted, and purpoſed to have ſtaid where
they were quartered. But hearing from many hands that there was a purpoſe to
queſtion him in Parliament, and His Majeſty having given him Liberty of ſtay-
ing there, or coming away, he left the Charge of the Army with the Lord Conway,
and other Officers, as His Majeſty had directed, and came to London on Monday
the 9th, and the 11th of November was put under Reſtraint, and ſo hath ever ſince
remained.
And faith, That the Town of New-Caſtle was no way under his
and as to other matters whereto by Law he ought to anſwer, and hath not
he faith, He is not Guilty of them, or any of them, in ſuch manner and
form, as in the
ſaid Article is expreſſed, and humbly prayeth a convenient time for
making his Proofs, and to juſtifie and maintain his Actions in Ireland, by ſight of
His Majeſties Warrants, Records and Witneſſes in that Kingdom, and that if any
miſtake be in this Anſwer, it may be amended.
And this the ſaid Earl hopeth, that upon equal Conſtruction of his Words and
pray, that by their Lordſhips great Wiſdoms and Prudence, the Affections of
His Majeſty, and Duty of His subjects, may this Parliament be’ſo ſurely knit to-
together
;
took
Care;
anſwered,
is
E 2
36 An Impartial Colle&tion of all the me morable Events
16 41. gether, as may by God's bleſſing laſtingly tend to the Proſperity and Flouriſhing
Eſate both of King and People.
Saturday,
March 6.
March 13.
Determina-
the Lords and
Commons
about the Earl
1
Mr. Whitlock was Ordered to go to the Lords with this Meſſage, That
the Houſe of Commons have conſidered of the Earl of Strafford's Anſwer and
do aver their Charge of High Treaſon againſt him, and that he is guilty in
Vuch manner and form as he ſtands Accuſed and Impeached; and that the
Houſe will be ready to prove their Charge againſt him at ſuch convenient
time as their Lordſhips fall prefix, and intend to manage the Evidence by
Members of their own.
Saturday,
After many Debates and Conferences preparatory to the place and
manner of the Trial between the Two Houſes, they came to theſe Deter-
minations.
Firſt, As to the Place it was agreed, That it ſhould be Weſtminſter-
tions between Hall, and the King to be made acquainted with it by the Lord Great Cham-
berlain.
Secondly, For Perſons, the Lords agreed, That the Houſe of Commons
of Strafford's ſhould be preſent as a Committee of the whole Houſe for this time, with a
Salvo jure to the Lords Houſe, either according to Law or Parliamentary
proceedings, and that this ſhall not be drawn into Preſident hereafter on
either ſide.
Thirdly, For the Members of the Houſe of Commons managing the
Evidence, the Lords granted it wholly.
Fourthly, For the Earl's Councel,That they ſhould not ſpeak nor interrupt
the matter of the Houſe of Commons,until all the Evidence is finiſhed; That
they ſhall not ſtand at the Barr, but in ſome other convenient place where they
may
hear ; That they may Speak to matter of Law only, and not to matter of
Fakt, and not unleſs the Lords Mall think fitting and give permilion.
Monday, Upon Monday, the King having been made acquainted with theſe Re-
ſolutions of the Two Houſes, was pleaſed to aſſent unto them, and to
appoint Monday the 22. of March 9. of the Clock for the Time of the
Trial; and accordingly the neceſſary preparations for the Tragical So-
lemnity were provided, and the Earl had Notice of the Time and Place to
prepare himſelf.
The Commons ordered the affair of the Trial in this
manner :
Firſt, That the Members of their Houſe ſhall ſit together without
termixture of others in the place prepared for them.
Secondly, That the Members ſhall not meet at their Houſe on Munday,
but come diretly to the place of Trial.
Thirdly, That for the better ordering of the Buſineſs, the Committee,
with the addition of Mr. Peard, ſhall be at the ſeveral Doors by Six of the
Clock, and ſhall admit none into the place prepared for the Commons
, but ſuch
as fpall bring Tickets of their Names and the Places for which they ſerve :
and no Members to be admitted till the Committee appointed to attend the
Doors be come ; if any either Stranger or Member Offend this Order, the
Committee to report it to the Houſe ; all the Members to be there by 8. of the
Clock:
Fourthly, That the Serjeant at Arms ſhall attend within the Court, and
his Men without to be imployed in ſuch Service as they who manage the Evin
dence ſhall appoint.
March 15.
.
Saturday,
March 20
any in-
Thoſe
*
1
mo
the Earl of
Right Honourable Thomas Earl of Arundel and Surrey, Lord High Steward
from the Scotch Rebellion to the King's Murther. 37
Thoſe who were appointed by the Commons to Manage the Evidence
IO4 I
againſt the Earl, were
George Lord Digby, John Hampden Eſq. John Pym Eſq. Oliver St. John The Managers
Eſq. Sir Walter Erle, Knight, feoffry Palmer Eig. John Maynard Eſq. of the Evi-
John Glyn Eſq.
dence againſt
In the Hall there was a Throne Erected for His Majeſty, On each ſide Strafford.
whereof was a Cabinet incloſed with Boards, and before with Arras. Be-
fore that were the Seats for the Lords, and Woolfacks for the Judges; be-
low ten degrees of Seats extending further than the Middle of the Hall for
the Gentlemen of the Houſe of Commons; at the End of all, was a Desk
cloſed about and ſet apart for the Earl and his Councel.
The Theatre being thus prepared whereupon this Noble Earl was to Murday,
act his Tragedy, Upon Munday, March the 22. the Trial began, About March 22.
7. of the Clock in the Morning the Earl came attended from the Tower
by 6. Barges, wherein were about roo Souldiers with Partiſans for his
Guard, and 50 pair of Oars came along with him. At his Landing in
Weſtminſter he was attended by 200 of the Train-Bands who Guarded
him into the Hall; the Entrances at White-Hall, Kings-Itreet and Weſt-
minſter, were Guarded by the Conſtables and Watchmen from 4. of the
Clock in the Morning, to prevent the concourſe of baſe, idle and inferior
Degrees of People, who are apt upon ſuch occaſions to flock together, and
produce miſchief and diſorders.
The King, the Queen and Prince came to the Hall about 9.of the clock,
but did not appear publiquely, only the Prince came out once or twice
to the Cloth of Eſtate, ſo that the King law and heard all that paſſed,but
was ſeen by none: Some give the Reaion of this, to proceed from the re-
ceived Practice of England in ſuch Caſes: Others were of Opinion, That
the Lords intreated his Majeſty either to abſent himſelf, or to be there
privately, leſt hereafter it might give occaſion to pretenſions, that his
being there was to over-aw, or ſome other ways interrupt the Courſe of
Juſtice: A third, That the King was not willing to appear as an Actor
in the Proceſs till it came to his part, but rather he choſe to be preſent
Incognito, that he might Obſerve and underſtand, whether any Violence,
Rigor or Injuſtice were uſed in the Trial.
At the Lieutenant's Entrance into the Hall, the Porter of the Hall,
whoſe Office it is, inquired of Mr. Maxwell, Whether the Ax ſhould be
carried before him or no : who anſwered, That the King had Expreſsly
forbidden it; Nor was it ever the Cuſtom of England to uſe that Cere-
mony, but only when the Party accuſed was to be put upon his Jury.
At the Trial, the Lords of the Upper Houſe fate Covered, the Mem-
bers of the Lower Houſe uncovered. The Lords Spiritual were 'not at
all preſent, having on Saturday before abſolutely declined appearing in
Cauſa Sanguinis, thô withal Entring a Proteſtation, That their Ablence
ſhould not prejudice them of that or any Priviledg appertaining to them
as Lords Spiritual in Parliament.
The Earl of Arundel who was by His Majeſty conſtituted.and appointed
Lord High Steward by Commiſſion under the Great Seal of England,fate
apart by himſelf and all things being now in a Readineſs,the Managers of
the Evidence ſtanding at the Barr,the Noble Priſoner was called for,and be-
ing brought by Sir William
Balfour Lieutenant of the Tower,after an Obey-
given, he came to the Barr and kneeled, and after ſtanding up, the
of England, acquainted him, That his Lordſhip was called before the Lords
1
fance
+
in
30 An Impartial Collection of all the memorable Events
1 6 4.1.
in Parliament, to Anſwer to, and be Tryed upon the Impeachment preſented
no to them by the Commons Houſe in Parliament, in the Name of themjelves and
all the Commons of England. And that their Lordſhips are reſolved to hear
both the Accuſation and Defence with all Equity, and therefore thought fit,
that in the firſt place his Lordſhip ſhould hear the Impeachment of High Trea-
ſon read; which was done accordingly, the Articles being delivered in
by Mr. Pym.
1
While it was reading, a Chair was brought for him by the Gentleman
Uſher, and by the Direction of the Lords, he was permitted to repoſe
himſelf.
After the Charge, the Earl's Anſwer was likewiſe read; which took
up
the whole time of the Firſt Day.
The Queen went from the Houſe about 11 of the Clock, the King and
Prince ſtayed till the Aſſembly was Adjourned, which was about Two
of the Clock, and the Earl was remanded to the Tower, with his Guard,
and appointed to appear again upon Tueſday at 9. of the Clock.
The Confluence of People was neither numerous nor inſolent, all of
them Saluted him both at his Landing and Return, which with a Gene-
rous Humility, he did moſt courteouſly receive and return., By which
it is Evident how falſe the Rumors were which Malevolent Perſons Rai-
ſed, that the Populace was ſo inraged at him, that they would go near to
tear him in pieces: The Multitude is an Unruly Animal, but yet cer-
tainly Report does in theſe caſes encreaſe the Danger; and a Tumult is
not altogether fo inſenſible of puniſhment, as not to fear it, notwith-
ſtanding Numbers ſeem to plead an Exemption from it, and to frigliten
Juſtice from her Seat. « But this ſluggiſh Creature the Mobile, is then
certainly moſt Dangerous, when like the Unſtable Element it does Re
ſemble, it is raiſed by the Turbulent breath of Sedition, to overflow the
Bounds of Duty, and outrage all that is called Juſtice; and there wanted
not ſuch fpirits, who by ſpreading theſe Rumors of the Diſcontents of the
People, taught them to be Diſcontented, and by predicting of Diſorders,
learnt, at leait their own Faction, to know what was Expected from
them upon Occaſion : and how calm ſoever the People ſeemed to be; yet
the Concluſion of this Tragedy will make it appear that ſome Perſons
had Tumults at Command, and could upon Occaſion raiſe the dangerous
Tempeſt of the Madneſs of the People, not inelegantly couplcd with the
Raging of the Sea, by the Royal Prophet.
Upon Tueſday in the Morning the Earl came accompanied as before to
Weſtminſter, and having ſtayed in the Exchequer Chamber till 9. of the
Clock, the King, Queen and Prince being come, and that High and Illu-
ſtrious Court being
ſet, he was again brought to the Barr; and the Lord
High Steward having commanded the Committee of the Commons
who were to manage the Evidence to proceed, Mr. Pym in a large and
ſtudied Oration, full of Hyperbolical Figures, and Inſulting Eloquence,
opened, amplified, and inforced the Charge, by raveling the Anſwer of
the Earl to his Articles of Impeachment in manner following.
The Second
Day.
Tueſday,
March 23
Mr. Pum's
Speech ac
the Trial of
the Earl of
Strafford,
March 23
My Lords,
WE ſtand bere by the Commandment of the Knights, Citizens and Burgeſſes now
Aſſembled for the Commons in Parliament, and we are ready to make good that
Impeachment whereby Thomas Earl of Strafford ſtands charged in their Name, and in
the Name of all the Commons of England, with High Treaſon. This, My Lords, is a
great
1
Croinn.
N
tures.
care,
1
from the Scotch Rebellion to the King's Murther.
:31
great Cauſe, and we might fink under the weight
of it, and be astonified with the Luftre) 1 6 4 1.
of this Noble Aſſembly, if there were not in the Cauſe Strength and Vigour to Support it
ſelf
, and to encourage us; It is the Cauſe of the King, it concerns His Majesty in the
Honour of His Government, in the Safety of His Perfor, in the Stability of His
It is the Cauſe of the Kingdom, It concerns not only the Peace and Proſperity;but even
the Being of the Kingdom. We have that piercing Eloquence, the Cries and Groans, and
Tears, and Prayers of all the Subječts aſſiſting us. We have the Three Kingdon:s, En-
gland, and Scotland,and Ireland,in Travail and Agitation with us, towing themſelves,
like the Hindes ſpoken of in Job, to caſt out their Sorrows.
Truth and Goodneſs (My Lords) they are the Beauty of the Soul, they are the Per-
fiction of all created Natures, they are the Image and Character of God upon the Crea-
This Beanty, Evil Spirits,and Evil Men, have lost ; but yet there are none ſo micked,
best they deſire to march under the shew and ſhadoid of it, ihough they hate the reality
of it.
This unhappy Earl, now the Object of your Lordſhips Justice, hath taken as much
hath uſed as much cunning to ſet a face and countenance of Honeſty and Juſtice upon his
Ažtions, as he hath been negligent to al ſerve the Rules of Honeſty in the Performance of
all theſe Aētions. My Lords, it is the greateſt baſeneſs of Wickedneſs that it dares not
look in his own Colours, nor be ſeen in its natural Countenance. But Virtue, as it is
amiable in all reſpects, ſo the least is not this, That it puts a Nobleneſsyit puts a Bravery
upon the Mind, and lifts it above Hopes and Fears, above Favour and Diſpleaſure; it
makes it always uniform and conſtant to it ſelf.
The Service Commanded me and my colleagues here, is to take off thoſe Vizards of
Truth and Uprightneſs, which hath been fought to be put upon this Cauſezand to flew you
his Aétions and his Intentions, in their own natural Blackneſs and Deformity.
My Lords, He hath put on a Vizard of Truth in theſe words, (wherein he ſays) That
be frould be in his Defence more careful to obſerve Truth, than to gain Advantage to him-
Self. He ſays, He would endure any thing rather than be ſaved by Falſlood.
It was a noble and brave Expreſſion if it were really true.
My Lords, He hath likewiſe put on the Wizard of Goodneſs on bis Ations, when he
deſires to recite his Services in a great many Particulars, as if they were Beneficial to the
Common-Wealth and State ; whereas we ſhall prove them Miſchievous and Dangerous.
It is left ispor me, My Lords, to take off theſe Vizards and Appearances of Truth and
Goodneſs, in that part of his Anſwer which is the Preamble. And that I ſhall do with
as much Faithfulneſs and Brevity as I can.
1. The First thing (My Lords) that I fhiall obſerve in the Preamble is this, That
having recited all thoſe great and honourable Offices which he hath done under his Ma-
jesty, he is bold to afirm, That he hath been Careful and Faithful in the Execution of
them all.
My Lords, If he might be his own Witneſs and his own Judge, I doubt not but he would
be Acquitted.
It is ſaid in the Proverbs of the Adulterous Woman, That ſhe wipes her mouth and
Says, ſhe had done no Evil. Here is a wiping of the mouth, here is a verbal expreſſion
of Honeſty: Blut (My Lords) the foulneſs and unjustneſ will never be wiped off, nei-
ther from his Heart, nor from his Aétions; I mean
for the time paſt, God may change
him for the time to come : That is the first thing I obſerve.
2. My Lords, In the ſecond place, out of his Apologetical Preambk, I ſhall obſerve
this, He doth magnifie his own Endeavours in five particulars: 1. That he bath Endes-
voitred the maintenance of Religion. (I may miſs in words, I hall not miſs in
2. That he hath Endeavoured the Honour of the King. 3. The Encreaſe of his Rever,
4. The Peace, and. Honour, and Safety of the Kingdom. 5. The Quiet and
Peace of the People. Theſe
Theſe are his five pariculars; and I ſhall give a ſhort Anſtver
to every one of them.
1. For Religion, (My Lords)
we ſay, and we ſhall prove, that he hath been diligent
indeed to favour Innovations, to favour Superſtitions, to favour the Incroachments and
Uſurpations of the Clergy: But for Religion it never received any advantage by him nay,
a great deal of hurt.
2. For the Honour of the King: (My Lords) We ſay it is the Honour of the King
that
។
ſenſe.)
nke.
1
32
1
An Impartial Golle&tion of all the memorable Events
164 1. that He is the Father of His People, that He is the Fountain
of Justice; and it cannot
tand with His Honour and Justice to have His Government Stain’d and Pollisted with
Tyranny and Oppreſſion.
3. For the Encreaſe of His Reverse: It is trice,there may be ſome Addition of Sums;
but we ſay, There is no Addition of Strength nor Wealth, becauſe in thoſe parts where it
hath been incrcaſed, this Earl bath taken the greateſt ſhare himſelf : And when he bath
ſpoiled and ravined on the People, be hath been content to yield up ſoine part to the King,
that he might with more ſecurity cnjoy the reſt.
4. For the Strength and Honour, and Safety of the Kingdon : (My Lords) In a
time of Peace he hath let in iipon us the Calamities of War, Weakneſs, Shame and Con-
fuſion.
5. And for the Quiet of the Subjekts, he hath been an Incendiary; he hath Armed us
amongſt our ſelves, and made us weak and naked to all the World beſides. This is that I
Shall anſwer to the ſecond Head of his Apolo?y.
3. The Third is this, (My Lords) That by his means many good and wholeſome Larris
have been made ſince his Government in Ireland.
Truly, (My Lords) if we should conſider the particulars of theſe Lams, ſome of them
will not be found without great Exception. But I ſhall make another Anfier, good Laids,
nay, the beſt Laws are no advantage when Will is ſet above Law, when the Laws have
force to bind and reſtrain the Subject, but no force to Relieve and Comfort bim.
4. He ſays in the Fourth place, He was a means of calling a Parliament not long after
he came to his Government. My Lords, Parliaments without Parliamentai y Liberties,
are but a fair and plaiſible way into Bondage; That Parliament had not the Liberties of
a Parliament ; Sir Pierce Crosby for ſpeaking againſt a Bill in the Comnions Houſe, was
Sequeftred from the Council-Table, and Committed to Priſon.
Sir John Clotworthy, for the ſame Cauſe, was threatned that he floould loſe a Leaſe
that he had. Mr. Barnewell, and two other Gentlemen, wire threatned they ſhould
have Troops of Horſe put upon them for ſpeaking in the Houſe. Proxies by dozens, were
given by ſome of his Favourites: And (My Lords) Parliaments con:ing in with theſe
Circumſtances, they be Grievances, Miſchiefs, and Miſeries; no works of Thanks or
Honourr.
5. The Fifth is, That he hath been a means to put off Monopolies, and other Projects
that would have been Grievous and Burdenſome to the Subječts; if he had bated the
Injuſtice of a Monopoly, or the Miſchief of a Alonopoly, he would have hated it in
himſelf; he himſelf would have been no Monopolist. Certainly, My Lords, It was not
the love of Juſtice, nor the Common Good, that moved him: And if he were moved by any
thing elſe, he had his Reward. It may be it was becauſe he would have no man gripe them
in the Kingdom but himſelf; his own Harveſt-Crop would have been leſs, if he had bad
fhearers. It may be it was becauſe Monopolies hinder Trade, he had the Customs, and the
benefit of the Cuſtoms would have been leſs,; when we know the particulars, we ſhall make
fit and proper Anſwer to them: But in the inean time, we are ſure whatſoever was the
reaſon, it was not Juſtice, nor love of Truth, that was the reaſon.
6. He ſaith in the Sixth place, He had no other Commiſſion but what his Predeceſſor's
had: And that he hath Exécuted that Commiſſion with all Moderation. For the Com-
miſſion, it was no Virtue of his if it were a good Commiſſion, I ſhall ſay nothing of that.
But for the ſecond part, his Moderations when you find ſo many Impriſoned of the No-
bility; ſo many men, ſome adjudged to Death, ſome Exécuted without Law; when your
find ſo many publick
Rapines on the State, Soldiers ſent to make good his Decrées; fo ma-
my Whippings in defence of Monopolies ; ſo many Gentlemen that were furors, becauſe
they would not apply themſelves to give Verdicts on his fide, to be Fined in the Star-
Chamber.
Men of Quality to be diſgraced, ſet on the Pillory, and wearing Papers, and ſuch
things, ( as it will appear through our Evidence) can
you think there was any Moderation. ,
And yet truly, (My Lords) i can believe, That if you con parc his Courſes with other
Parts of the World ungoverned, he will be found beyond all in Tyranny and Harfineſs ;
but if you compare them with his Mind and Diſpoſition, perhaps there was Moderation;
Habits me say, are more perfect tban Akts, becauſe they be neareſt the principle of Atti-
1
ons
4
from the Scotch Rebellion to the King's Murther. 33
ons. The Habit of Cruelty in himſelf (no doubt ) is more perfeët than any Act of Cruelty 1 6 4 1.
he hath Committed ; but if this be his Moderation, I think all men will pray to be deli-
vered from it: And I may truly ſay that is verified in him, The Mercies of the Wicked
are Cruel.
+
1
.
7. I come to the Seventh, and that is concerning the King's Revenue : That he hath
improved it from 57000 1. to 10000 l. and that he hath done it by Honourable and Just
mays. That he hath made the Kingdom able to Support it ſelf. That he hath improved the
King's Revenue by many rich and great Purchaſes. That he hath ſaved the Charge of
the Navy by bearing 7ccol. a Year in Ireland, which was born here before. And then
he faye fór á Concluſion, That he never took Money out of the King's Exchequer. My
Lords, Imuſt run over all theſe.
For the Enlargement or Increaſe of the 'Revenue of that Kingdom, I think there is a
little fault in his Arithmetick, but I will not charge him with that now.
But for his Honourable mayes of Increaſing it; if Monopolies, if Vexation of the Sub-
jeit, be Honourable ways, we ſhall leave that to your Lordſhips to judge. But most of his
increaſes are made repon Monopolies. It is true, there is another way of bargaining, but
it hath been mixed with Rigour and Rapine, and Injustice.' Men have been driven out of
their Eſtates ; Offices have been found by force. Men have been driven to reſign their
Eftates : And is this a Juſt way of improving a King's Revenue? that I ſhall ſubmit to
your Lordſhips.
Then he ſays, He hath made the Kingdom able to Support it felf: My Lords, He that
hath no Harvest of his own, muſt Glean after another man's Reapers. Truly, this was
none of his work : The Kingdom was able to ſubſist of it ſelf before he came thither. For
that we jball Appeal to the Records of the Exchequer, betwixt the Year 1622,' and the
time of his Government, which was Nine years at leaſt, during which, nothing went out of
this Kingdom to the ſupport of that Iſland. The 7000 l. for the Navy, was born in Ire-
land before his time a year or two; ſo he comes near the truth of that, yet milles a year of
tbe truth
But if it mere true ; hath it been only by the ordinary Revenue that it hath ſupported
it felf? He hash had Six Subſidies ; a jear, or two of Contribution, which the Iriſh
guve towards the ſupporting of the Charge of Ireland. It was not his Husbanding, nor
bis Mana ing of ihe Revenue'; And truly if the Kingdom were able to ſupport it felf, (as
it was before he can.e thither) by the Revenue of the Kingdom, anii
' by the help of that
Contribution, it rronla be very fit, (ſince there may be many Increaſes ſince) to know what
is become of 3coocol. for fix Subſidies, and of the Contribution Money; and indeed
there is a great fufpition, that that went another way. But that you may the better ob-
ſerve his Hissbandry, I ſhall ſpeak of his laſt Years Accon.pt; the 20th of March, (now
ſomething more than a rear ſince) the Under-Treaſurer delivered an Account, ox which
there was 101000 l. remaining in the King's Coffers. Since that time there hath been
received 112000 l. for the King. (I ſpeak of round Sums, (My Lords,) I leave out
pounds and pence, and ſuch things: This is 213000 l. He hath received out of the Exche-
quer in En 1:ad socool. There are Debts in Ireland, 60000 l. and what other Debts
we know not : Here is above 320000 l. confismed in a rear; which is almost as much
as Queen Elizabeth conſumed in any rear when Tyrone was in Rebellion, and an Army
of Spaniards was there.
My Lords, He ſaith he never took Money out of the Exchequer ; if he rests in that
Affirmation, it will be very near truth, yet ſerves but to fhadow a falfhood, which is worſe,
to cover and to glaze, under ſuch a Colour of Truth as that is, a notable Falſhood.
My Lords, It is true, he hath taken no Money out of the Exchequer; but he could be
content to take from the Under-Treaſurer of the Exchequer, 24000 l. about two years
fince, and to keep it for his own occaſions; when the King's Army was in want : And be
paid it in but lately.
And before I paſs from this matter of the Revenue, give me leave to speak fomething of
the Increaſe that comes in by the Cuſtoms.
It is true, there is a great increaſe; but if your Lordſhips look to the beginning of that
bargain, you ſhall find the notablest Cożenage that ever was offered to a Prince, in ore that
ТDas a ſworn Servant, and intruſted with ſo great a Charge.
It will be more fully opened in the Article that concerns the Cuſtoms ; but I ſhall ſpeak
of it a little : He made a bargain, and under pretence of getting of 1350 1. gain to the
King, be gave cauſe of Allowances and Defalcations; whereby he rook forth of the King's
Purje
.
Vol. 11.
F
1
1
1
34 An Impartial Collection of all the memorable Events
1641. Pourſe 6ocol. a year, or very near, which the King had before. He laid new Addi-
tions of charge on the Ciſtoms, which came to 12000l. So that on a bargain of giving
13501. more than was reſerved on the former Leaſe, he was ſure, that when he made the
bargain, of gaining 18 or 20000 l.
8. But I ſhall paſs from the Revenue of the Crown, to the Revenue of the Church,
(which is in the 8th place) He ſaith he hath been a great Husband for the Church, and
truly hath brought in many Lands to the Church; but he hath brought them in by wayes
-without Law, without Rules of Juſtice : He hath taken away mens Inheritancess. And
here (My Lords) is an offering of Rapine, an offering of injuſtice and Violence : And
will God accept ſuch an Offering? Muſt the Revenues of the Church be raiſed that
may
?
It is true, it was the more in the way of his own Preferment. He knew who fate at the
Helme here, the Archbiſhop of Canterbury, and ſich ſervices might min more credit
mith him. It was not an Eye to God and Religion ; but an Eye to his own Preferment.
I fhall ſpeak no more of that.
9. Í come to the oth head; and that is the building of Churches. Many Churches
have been built ſince his Government. Truly, My Lords, why he ſhould have any Credit
or Honour, if other men builded Churches, I know not : I am ſure we hear ef no Churches
he bath built himſelf: If he would have been careful to have ſet up good Preachers, that
would have ſtirred up Devotion in men, and made them defirous of the knowledg of God,
and by that means made more Churches, it had been fonething ; But I hear nothing of
Spiritual Edification, nothing of the knowledg of God that by his
means hath been diſperſed
in that Kingdom. And certainly they that ſtrive not to build up mens Souls in a Spiritual
way of Edification, let them build all the material Churches that can be, they will do no
good; God is not worſhipped with Walls, but he is worſhipped with Hearts.
10. He faith in the loth place, That many Orthodox and Learned Preachers have
been advanced by his means ; 'and the Dcitrine and Diſcipline of the Church of England,
by his means Protected and Defended. My Lords, í fhall give but two or three Pat-
terns of the Clergy that he hath preferred. If you will take Do&tor Atherton, he is
not to be found now above Ground. For he was hanged for many foul and unſpeakable
Offences.
Doctor Bramhill bath been preferred to a great Bijloprick; but he is a man that nord
Stands Charged with High Treaſon: be hath been but ferc years in Ireland, and yet hath
laid out at leaſt 30000 l. in Purchaſes. I fall name but one Chaplain more, and that is
one Arthur Gwyn, who about 1634. was an Under-Groom to the Earl of Corke in
his Stable : In the year after, Dr. Bramhill preferred him to be a Clergy-man, and a
Parſonage, and two Vicaridges Impropriate, were taken from my Lord of Corke, and
given to this Arthur Gwyn. I ſhall add no more Patterns of his Clergy.
11. 1.80 to the 11th, and that is concerning the Army: He hath many glorious Ex-
preſſions of his Service concerning the Army; That they are 1000 Horſe and 2000
Foot : And that there hath been very few Papists Soldiers or Officers, and none prefer-
red by himſelf. Truly, I think be ſays trile, or within one of true in this; for there
was but one preferred by himſelf, and therefore I ſhall not stand upon that.
But he ſays this Army was paid oict of the Revenue of the Crown, which beretofore
it was not wont to be. To that I have ſpoken before, and flewed; that many years be-
fore his time all the Charges of Ireland were born within Ireland.
He ſays, ( and I ſpeak that as to the Army too ) That neither the Arms nor Wages
have been burdenſome to the People of Ireland; but their Lodgings and Billettings have
not been eaſie, and not without diſcontent. Why My Lords in Dublin it ſelf
,
where they have a Charter that Exempts them from Billetting of Soldiers, they have been
fain to pay for Billetting of Soldiers. Nay, thoſe Soldiers that were Servants and
Dwellers in his own houſes, and other places, muſt have their Billetting moneys. And
of this tbere hath been Petitions and Complaints ; nay, it hath been ſpoken of in Par-
liament there, and yet he can tell you, that the marching and laying of Soldiers is with
out burthen and grievance to the people : that was the Eleventh.
12. I go to the 12th, and that is the great increaſe of Trade : The increaſe of Ship-
ping 100 to one. Truly ( My Lords.) in a time of Peace, and in a growing Kingdom
.
1
1
1
might be Tranſported by the deſire of private revenge,beyond the bounds
from the Scotch Rebellion to the King's Murther.
43
as that was, being formerly unhuſbanded, It is no wonder, that when
Land encreaſes
I 6 4 I.
in the Manurance, and People increaſe in Number, both Shipping and Trade increaſes.
But it is the advantage of the time, not the advantage of his Government; for ( My
Lords ) his Government hath been destruktive to Trade : And that will manifestly ap-
pear by the multitude of Monopolies that he hath exerciſed in his own Perfon. And that
is all I fall ſpeak to the 12th.
13. "The 13th is, That Justice hath been adminiſtred without bribery, without
par-
tiality, without Corruption ; theſe are Glorious things. But there will as much fall
чироп him of Corruption and Injustice, as of any other Offence ; And that (My Lords)
Bill
appear to you through the whole Courſe of our Evidence: I Mall not now ſpeak of
the particulars. And that we may not content our ſelves with particular witneſſes only,
I fliall humbly deſire, That the Remonſtrance of the Parliament of Ireland, both of
the Lords and of the Commons, may be read : And they will give á fufficient Teſtimo-
ny of the quality of his Fuſtice.
14. The 14th ( My Lords ) is this, That he hath been a Means to His Majesty
for a Parliament in England. It is true he was : And it is as true, that we count
that as miſchievous a part of his deſign, as any thing elſe. Into what a miſerable Di-
lemma (My Lords ) did he bring the Kingdom, that we must ſurrender the Liberties
of the Kingdom in Parliament, or ſee them oppreſſed with Force and Violence out of
Parliament. The particulars of this I ſhall leave for the inſtant; for there is an Arti-
cle that concerns this.
I have nom paſſed through all the material parts of the Apologetical Preamble.
He concludes with a deſire, that he may not be charged with Errors of his understand-
ing or Fudgment, being not bred up in the Law, or with weakneſs, to which humane Na.
ture is Subje£t. Truly, it would be far from us to charge him with
any ſuch mistakes ;
No (My Lords ) Tee shall charge him with nothing but what the Law in every man's
breaſt condemns, the Light of nature, the Light of common reaſon, the Rules of Com-
mon Society: and that will appear in all the Articles my colleagues will offer to
you.
My Lords, I have ſome few Witneſſes which I ſhall deſire may be heard to the points
I have opened, and I ſhall in the firſt place deſire that Sir Pierce Crosby may be heard
concerning the Breach of Priviledge in Parliament, alſo Sir John Clotworthy, Nich.
Barnewell, Nicholas Plunket and Sir James Montgomery. I have ſome witneſſes
to the point of the Revenue, Sir Robert Pye, Sir Edward Warder and Sir Adam
Loftus.
To all which bitter Invectives, the Earl in his occaſional replies an-
ſwered, with as much Temper and Moderation, as the other ſpoke
with Heat and Paſſion; making his defence with that Vivacity of un-
derſtanding, clearneſs of Expreſlion, and with ſuch a Decency both of
Behaviour and Eloquence, between the Extremes of Baſeneſs and Dejecti-
on, and the vanity of Diſdain or Oftentation, as raiſed an admiration of
him, even in his very Enemies.
The firſt Witneſs that was produced was Sir Pierce Crosby, againſt witneſſes,
whom the Earl exceptéd, as having been ſentenced in the Star-Chamber Sir Pierce cros-
by ſet aſide
in Ireland, for Conſpiring to take away his Life, for breaking Priſon, for the
pre-
and making his Eſcape, from which Circumſtances it was probable lie fent.
of Truth and Publick Juſtice, ſo that for the preſent lie was ſet aſide.
Then Sir Fohn Clotworthy was ſworn, all that he depoſed was that Sir Sir John Clot-
George Radcliff being a teller of the No's in a Vote of Parliament to woreby.
which he had given his Negative, contrary to the Mind of the Earl,
who had a deſire the Bill ſhould paſs, Sir George asked him if he had not
a Leaſe in ſuch a place, to which he anſwering yes; Sir George replyed,
remember that.
VOL. II.
That
+
1
F 2
.
.
+
Lord Rana
Lord Mount-
norris.
Nic. Bayntyill.
44 An Impartial Collection of all the memorable Events
I 641.
That as to Sir Pierce Crosby's impriſonment, he did apprehend it was
for giving his Vote contrary to the Lord Lieutenant's mind, for that he
heard Sir George ſay to him after he had Voted, this is not Privy Coun-
ſellor like, or to that Effect.
The Lord Ranulagh depoſed that Sir Pierce Crosby was by the Opinion
lagh.
of the Board ſequeſtred from the Privy-Council for Voting againſt a
Bill tranſmitted by the Lord Deputy and Council to the Parliament.
The Lord Mountnorris depoſed to the fame Effect, and that he was Se-
queftred from the Council by the Voices of the Board, among which the
Earl gave his.
Mr Nicholas Barnwell depoſed that for his differing in Opinion in the
Parliament from Sir George Radclif, Sir George asked him if his Houſe
would hold 500 Men, to which he ſmiling anſwered, you know how
many iny houſe will hold, whereupon Sir George replyed it was no laugh-
ing matter, and that hic ſhould have 500 men laid upon him ; but this
upon the Earl's Queſtion he ſaid was ſpoken when the Earl was out
of the Kingdom, upon which Mr. Pym made this prity Obſervation,
That the Spirit of my Lord Strafford could move in Sir George Radcliff
whereſoever it was ſpoken, as if a man could commit Treaſon (had it
been ſuch) by his Proxie.
The next thing was about oppreſſing the Subjects of Ireland, and
particularly the City of Dublin by quartering Soldiers upon them, to
which Mr. Egor was ſworn, depoſed that the City of Dublin is put
to 55 l. per menſem for billetting of
Horſe
, which the Earl avoided by the
Practice of his Predeceſſors in the like Cafe, which the Witneſs confeſſed
as to Foot Guards.
The Managers then deſired the Remonſtrance from Ireland might be
read, which the Earl oppoſed as being New matter and not in the Cliarge
but come over lince his Impeachment, to which they replyed that the
Subverting of Laws and Corruption of Government was in general laid,
and they produce this to prove his anſwer Untrue as to hisIntegrity in the
Adminiſtration, whereupon the Lord Baltinglaſs and Lord Digby of Ire-
land vouching the Truth of the Copy it was read in hæc Verba.
1
Mr. Egor a
Witneſs
.
To the Right Honourable the Lord-Deputy.
The Humble and juſt Remonitrance of the Knights, Citizens, and Burgeſſes
of the Parliament Allembled.
The Iriſh Re-
monftrance.
Shewing,
T
Hat in all Ages ſince the happy Subjection of this Kingdom to the Imperial Cromoni
of England,
it was, and is a Principal Study, and Princely Care of his Maje-
sty, and His Noble Progenitors, Kings and Queens of England and Ireland, to the
vaſt Expence of Treaſure and Blood; that their Loyal and Dutiful people of this Land
of Ireland, being now, for the moſt part, derived from Britiſh Anceſtors, ſhould be Go-
verned according to the Municipal and Fundamental Lams of England, that the
Statute of Magna Charta, or the Great Charter of the Liberties of England, and other
Laudable Laws and Statutes, were in ſeveral Parliaments here Enated and Declared,
That by the means thereof , and of the moſt Prudent and Benign Government of His Mas
jeſty, and His Royal Progenitors, this Kingdom was, until of late, in its growth a Floua
riſhing Eſtate, whereby the ſaid people were heretofore enabled, to anſwer their humble
and natural deſires, to comply with His Majeſties Princely and Royal Occaſions, by their
free Gift of 1 50 Thouſand Pounds Sterling; and likewiſe by another free Gift of 120 Thouſa
and Pounds more, during the Government of the Lord Viſcount Faulkland, and after
by
..
A
1
45
I 6 41.
1
1
1
from the Scotch Rebellion to the King's Murtber. .
by the Gift of 40 Thouſand Pounds, and their free and chearful Gift of Six entire
Subſidies in the 10th Year of His Majeſties Reign, which, to comply with His Majeſties
then Occaſions, ſignified to the then Houſe of Commons, They did allow ſhould amount, in
the Collečtions, unto 250 Thouſand Pounds (although, as they.confidently believe ) if the
Subſidies had been levied in a moderate Parliamentary pay, they rould not have amount-
ed to much more than half the Sun aforeſaid, beſides the four intire Subſidies granted in
this preſent Parliament. So it is, May it pleaſe Your Lordſhip, by the occaſion of the in-
ſuing, and other Grievances and Innovations (though to His Majeſty no conſiderable
Profit ) this Kingdom is reduced to that extream and univerſal Poverty, that the ſame is
leſs able to pay Subſidies then it was heretofore, to ſatisfie all the before recited great
Payments : And His Majeſties moſt Faithful people of the Land do conceive great fears,
that the ſaid Grievances and Conſequences thereof, may be hereafter drawn into Preſs-
dents, to be perpetuated upon their Posterity, which in their great Hopes, and ſtrong
Beliefs
, they are perſwaded is contrary to His Royal and Princely intention towards His
faid people ; ſome of which ſaid Grievances are as followeth:
1. The general apparent decay of Trades, occaſioned by the new and illegal raiſing of
the Book of Rates and Impoſitions upon Native, and other Commodities, Exported and
Imported, ky reaſon whereof, and of extream Uſage and Cenfures, Merchants are beg-
gered, and both difinabled and diſcouraged to Trade, and ſome of the honourable Perſons
who gain thereby, are often Judges and Parties, and that in the concluſion His Majeſties
Profit thereby is not conſiderably advanced.
2. The Arbitrary deciſion of all civil Canſes and Controverſies, by Paper Petitions,
before the Lord Lieutenant and the Lord Deputy, and infinite other Judicatories upon
reference from them, derived in the nature of all Actions determinable at the Common
Law, not limited into certain time, cauſe, ſeaſon, or thing whatſoever : And the con-
ſequences of ſuch proccedings, by receiving immoderate and unlawful Fecs, by Secreta-
ries, Clerks, Purſevants, Serjeants at Arms, and otherwiſe, by which kind of Proceed-
ings His Majesty loſeth a conſiderable part of his Revenue upon Original Writs, and
othermiſe ; and tbe Subject loſeth the benefit of his Writ of Error, Bill of Reverſal,
Vouchers and other Legal and juſt Advantages, and the ordinary Courſe and Courts
of Justice declined.
3. The proceedings in Civil Cauſes at Council-Board, contrary to the Law and
great Charter, not limited to any certain'time or ſeaſon.
4. That the Subje£t is in all the material parts thereof, denied the benefit of the Prince-
ly Graces, and more eſpecially of the Statute of Limitations of 21 of Jac. granted.
by his Majeſty in the Fourth Year of His Reign, upon great Advice of the Councils of
Éngland and Ireland, and for great Conſideration, and then publiſhed in all the Courts
of Ďublin , and in all the Counties of this Kingdom, in openAlizes, whereby all
Perſons do take notice, That contrary to His Majeſties Pious Intentions, His Sub-
jett's of this Land have not enjoyed the benefit of His Majeſties Princely Promiſe thereby
made.
s. The extrajudicial avoiding of Letters Patents of Estates , of a very great part
of His Majesties Subjects, under the Great Seal ( the Publick Faith of the King-
(dom by private Opinions, delivered at the Council-Board, without Legal Evictions
of their Eſtates, contrary to L'am, and without Preſident or Example of any former
Age.
6. The Proclamation for the fole emption and uttering of Tobacco, which is bought at
very low Rates, and uttered at high and exceſſive Rates, by means whereof thoxſands of
Families within this Kingdom, and of His Majesties Subjelts in ſeveral Iſlands, and
other parts of the Weſt-Indies ( as your Petitioners are informed) are deſtroyed; and
the most part of the Coin of this Kingdom is ingroſſed into particular Hands, inſomuch
that your Petitioners do conceive that the Profit ariſing and ingroſſed thereby, doth ſur-
mount His Majeſties Revenue, certain or caſual, within this Kingdom, and yet his Ma-
jeſty receiveth but very little profit by the ſame.
7. The univerſal and unlawful encreaſing of Monopolies, to the advantage of a few,
thie difprofit of His Majesty, and impoveriſhment of His people.
8. And the extream cruel Uſage of certain late Commiſſioners, and other Stewards
of the Britiſh Farmers
and Inhabitants of the City and County of London-Derry, by
means whereof the worthy Plantation of that Country is almost deſtroyed, and the Inbabi-
tants are reduced to great Poverty, and many of them
forced to forſake the Country the same
being the firſt and most uſeful Plantation in the large Province of Ulſter, to the great
weakning
TIH':
11
i
1
1
and yet
46 An Impartial Colle&tion of all the memorable Events
1 641. / weakning of the Kingdom in this time of danger ; tbe ſaid Plantation being the Prin-
cipal Strength of thoſe parts.
9. The laté Erection of the Court of High Commiſion, for Cauſes Eccleſiastical,
in theſe neceſſitous Times ; the Proccedings of the ſaid Court, in many Cauſes without
legal Warrant, and yet ſo ſupported as Prohibitions have not been obtained, though le-
cally fought for : And the exceſſive Fees exalted by the Alinisters thereof, and the
encroaching of the ſame upon the Furisdiction of other Ecclefiaftical Courts of this
Kin dont.
10. The exorbitant Fees, and pretended Customs, exaćted by the Clergy againſt the
Law, ſome of which have been formerly repreſented to your Lordſhip.
11. The Petitioners do most heartily benoan, that His Majeſties Service and
Profit are much more impaired than advanced by the Grievances aforeſaid; and the
Subſidies granted in the last Parliament, having much encreaſed His Majeſties Re-
venue by the buying of Grants, and otherwiſe : And that all His Maje-
fties Debts then due in this Kingdom, were ſatisfied out of the ſaid Subſidies ;
his Majeſty is of late ( as the petitioners' have been informed in the Houſe of
Commons ) become indebted in this Kingdom in great Sums. And they do therefore
humbly beſeech, That an exa£t Account may be ſent to His Majeſty, bomb and in what
manner His Treafure is iſſued.
12. The Petitioners do humbly conceive juſt and great fears, at a Proclamation pub-
liſhed in this Kingdom, in Anno Domini 1635. prohibiting men of Quality or Eſtates
to depart this Kingdom into England, without the Lord-Deputie's Licence, whereby the
Subječts of this Kingdom are hindred and interrupted from free acceſs, to addreſs to
His Sacred Majeſty, and Privy Council of England, to declare their just Grievan-
ces, or to obtain Remedies for them in ſuch fort, as their Anceſtors have done in all
Ages ſince the Reign of King Henry the Second, and great Fees exacted for every of the
ſaid Licences.
13. That of late His Majeſties Attorney-General hath exhibited Informations
againſt many ancient Burroughs of this Kingdom, into His Majeſties Court of Ex-
chequer, toſhew cauſe by what Warrant the ſaid Burgeſſes ( who heretofore ſent Bur-
gesjes to Parliament) pould ſend the Burgeſſes to the Parliament, and thereupon, for
Want of an Anſwer, the ſaid Priviledges of ſending Burgeſſes was ſeized by the ſaid
Court, which Proceedings were altogether Coram non Judice, and contrary to the
Laws and Priviledges of the Houſe of Parliament, (and if way ſhould be given
thereunto ) would tend to the Subverſion of Parliaments, and by Conſequence to the
Ruin and Destruction of the Common-wealth.
And that the Houſe of Commons bath hitherto, in this preſent Parliament, been de-
prived of the Advice and Counſel of many profitable and good Members by means there-
of.
14. By the Powerfulneſs of ſome Miniſters of State in this Kingdom, the Parliament
in its Members, and A&tions, bath not its natural Freedom.
15. And laſtly, Tbåt the Gentry and Merchants, and other His Majesties Sub-
jects of this Kingdom, areof late by the Grievances and Preſſures beforeſaid, and on
ther the like, brought very near to Ruin and Deſtruction : And the Farmers of Customs,
Customers, Waiters; Searchers, Clerks of Unmarrantable Proceedings, Purſevants,
and Goalers, and fundry others, very much enriched, whereby, and by the flow Redreſs
of the Petitioners Grievances, His Majesties moſt Faithful and Dutiful People
of this
Kingdom do conceive great fears that their readineſs approved upon all occafions,bath not
been of late rightly repreſented to His Sacred Majesty: For
Remedy whereof the ſaid
Petitioners do humbly, and of right, beſeech your Lordſhips, That the ſaid Grievances
and Preſſures may be ſpeedily Redreſſed, and if your Lordſhip ſhall not think fit to af-
ford preſent Relief, that your Lordſhip might admit a Select Committee of this Houſe,
of Perſons unintereſſed in the benefit ariſing of the aforeſaid Grievances, to be licen-
ſed by your Lordſhip, to repair to His Sacred Majesty in England, for to purſue the
Same, and to obtain fitting remedy for their aforeſaid and
other juſt Grievances and Op-
presſions ; and upon all juist and Honourable Occaſions, they will, without reſpect of par-
ticular Intereſt or Profit to be raiſed thereby, moſt humbly and readily in Parliament
extend their utmoſt endeavour to ſerve His Majeſty; and comply with His Royal and
Princely Occaſions, and ſhall pray, &c.
.
TO
4
1
1
from the Scotch Rebellion to the King's Murther.
39
To this the Earl replyed, that their Lordſhips might obſerve, that it 1641.
bore Date Feb. 22, 1640. which was ſince his Impeachment, and that it
is followed by Faction and Confederacy, and a ſtrong Conſpiracy againſt
him, as if he had time and opportunity he could make it appear.
And indeed the Complaints of the Iriſh Nation againſt him who had
in all things endeavoured to promote and advance their Trade and Ma-
nufactures, could not be very valuable, ſince they made any alteration
of their ancient Cuſtoms, how fooliſh and unreaſonable ſoever, a great
Grievance and Occaſion of Complaint; and there is Extant in the Paper-
Office, a Petition to reverſe an Order of the Council-Board forbidding
them to plough with their Horſes tyed only to one anothers Tails, and
to uſe the Engliſh way of Traces for their more commodious performing
the ſervice of their Tillage:
But his laſt expreſſions put the Managers into a great heat, and Mr.
Glyn crycd out, My Lords theſe words are not to be ſuffered, charging
the Houſe of Commons with Faction, Correſpondency and Conſpiracy,
we deſire your Lordſhips Juſtice in this, ſo watchful were they to catch
at any ſeeming advantage even of an incautelous Expreſſion.
But the Noble Priſoner, with his worted Temper replyed, God for-
bid I ſhould think there was or could be any thing in that Houſe, or
any Member of it, but that which agrees with Truth, Juſtice and Equi-
ty, and turning to the Lords, proteſted he had no intention to reflect
either upon the Lords Houſe in Ireland, or the Commons here, but
upon certain Perſons that were not Members of the Commons Houſe
here, that held Correſpondency with ſome in Ireland that are no
Members of the Houſe there:
Then the Remonſtrance of the Commons Houſe in Ireland was read,
being in Effect the ſame with that from the Lords.
The next thing which was inſiſted on, was the point of the Revenue, Sir Edward
which they endeavoured to prove he had not advanced bythe Teſtimony warder :
Sir Robert Pye,
of Sir Edward Warder, Sir Robert Pye and the Lord Mountnorris ; to which Lord Mounta
my Lord made appear that he found the Crown indebted 100000 ke at norris ,
his Entrance, but had ſince improved the Revenue ſo that Ireland was
Witneſſes.
able to ſubſiſt without being as it had been in the time of his Predeceſ-
ſors a burthen to England, and that at his coming over he left 100000 l.
in the King's Excliequer;and in Fine the Managers did as good as give
him the point,for they confeſſed, that it was not
to be denied but the Re-
venue was encreaſed by ſuch means as my Lord Strafford hath increaſed
it,but that it was not the Natural Revenue but theBounty of theCountry
that ſupported the Charge before my Lord came to the Government, lo
that to ſay Ireland did not ſupport it ſelf before, in thegeneral ſence is un-
true, but to ſay in a ſpecial fence that the King's proper Revenue did not
ſupport it, lis Lordſhip fays true. From whence the Earl inferred that
therefore it was not material to infiſt upon it.
They then Charged him with receiving 24000l. of the King's Reve-
nue and making uſe of it, which in Effect he did not deny, it being a
particular Favour of the King to permit him ſo to do, and that he gave
good ſecurity for the money and had alſo repaid it.
The Managers here took exceptions at the Earl's interlocutory diſcourſes
to which he anſwered, applying himſelf to the Lords, That he ſhould
willingly ſubmit to the Order of their Lordſhips, only there were ſome
things put upon him which were not in the Charge, to which he craved
Liberty to recollect himſelf to make his Defence, making proteſtation as
+
in
i
1
40 An Impartial Collection of all the memorable Events
I 6 4 1. , in the Preſence of Almighty God, and by the hopes he had to be deli-
vered out of his Afflictions that he never had other Intentions then to be
true and faithful to his Majeſty and the Commonwealth, and that he
hoped to regain the ſame good opinion of the Houſe of Commons which
he once liad when he was once a Member of it, being he was ſtill the same
perſon both in Opinion and- Intention.
This the Managers oppoſed, and urged to have him anſwer immediate.
ly, deſiring if he did not anſwer, then he might be precluded from any
future Anſwer.
Upon which he renewed his Requeſt, but withal deſired their Lord-
fhips, if it could not be granted to bear with many infirmities both of his
Body and Mind which were very great, and which did plead for a little
Favour and Compaſſion. He ſaid, the Houſe of Commons proceeded
with Juſtice according to their Information, but that he knew it was in
the Hearts of all that heard him that he ſhould have time to clear a truth,
& that no perſon could he thought deny it,and therefore humbly prayed
lie might not be ſurprized.
Hereupon the Lords adjourned to their Houſe for half an hour, and
at their return Ordered him to make his Aniwer preſently, which to the
Admiration of the hearers he did as followech,
}
1
!
The Earl of
Strafford's
Speech April
23
My Lords,
Shall never do other than readily obey whatſoever your Lordſhips ſhould pleaſe
I
to command me, my heart paying you Obedience, and ſo in truth ſhall eve-
ry thing that proceeds from me. The queſtion (I obſerye ) is matter of Truth,
or not Truth, in the Preamble ( as they call it) of this my Anſwer ; and to that
with all the Humility and Modeſty in the World, I will apply my ſelf, as not
conceiving it any way becoming me to ſpeak any thing of Sharpneſs' in any kind,
but with all Humility and Reverence to bear all theſe Afflictions with acknowledg-
ment unto Almighty God, and to lay them ſo to my heart, that they may fro-
vide for me in another World, where we are to expect the Conſummation of
all Bleredneſs and Happineſs. And therefore to lay aſide all theſe Aggrava-
tions by words, wherewith I have been ſet forth to your Lordſhips (only with
this ). that I truſt I ſhall make my ſelf appear a perſon otherwiſe in my Diſpoſiti-
ons and Actions, than I have been rendred ; and ſhortly and briefly, I ſhall fall
upon the very points, as near as I can, that were mentioned by that Noble Gen-
tleman; and if i ſhould forget any, I deſire to be remembred of them, that I
may give the beſt Anſwer I can on a ſuddain ; with this Proteſtation, That if I
had had time, I fhculd have given a far clearer Anſwer than on the ſudden / ſhall
be able to do.
I will take them as they lye in Order : Ard the firſt thing in this Anſwer is
That in Ireland, by my means, many good Laws were made for increaſe of the
King's Revenue and for the good of the Church and Commonwealth; and this I
humbly conceive, was not denied directly, only it was infcrrd, That Laws
weré of no uſe where Will was put above Law.
That theſe Laws were made, the Acts of Parliament that are extant, and vi-
ſible things, do make appear ; For (though I might expreſs it darkly, by reaſon
I underſtood not matters of Law ) the Truth of it is, before ſuch time as I came
there, the Statutes of Wills and Uſes, and Fraudulent Conveyances, were not of
force in Ireland; by which there was a very great miſchief that fell many ways,
both on the King, and ſpecially on the Engliſh Planters : For by want of theſe
Statutes, no man knew when he had a good Title; and old Entayles would be
ſet on Foot, and by that means the later Purchaſer avoided; by which means
there was a great loſs and prejudice to the King in his Wards; which by theſe
Laws are ſetled, and the Laws of Ireland brought much nearer the Laws of Eng-
land than before. "And in this point I conceive I am not abſolutely gainfayed,
but
•
-
7
from the Scotch Rebellion to the King's
Muriber.
41
1 641.
3
1
but only conditionally, tbat is, that notwithſtanding this, I have ſet up another
Government, Arbitrary, and Tyrannical. To which, I ſhall not now trouble
your Lordſhips with an Anſwer, that being in the particulars of my Charge. And
thus I think the firſt to be fairly and clearly Anſwered.
Then, that there were more Parliaments in the time of my Government,
than in so years before. There were two in my time; and if I might call Wit-
nelles, it would appear, that there were not ſo many within that time before
but being not material to my Defence or Condemnation, I will not trouble your
Lordſhips with proof, unleſs you will require it; I having them here, that I
think can make it good. And whereas in my Anſwer I deny that I ever had hand
in any Project or Monopoly; and that I did prevent divers, that otherwiſe
would have paſſed : I ſaid that, under favour, with all duty and confidence ; I
muſt ſtill affirm it, That I never had hand or ſhare in any manner of Monopoly
or-Project whatſoever, unleſs the Tobacco-buſineſs were a Monopoly, which
under favour, I ſhall clear not to be ; but that being part of my Charge, I think
it impertinent now to give Anſwer unto it ; but will ſatisfie your Lordſhips in
that behalf, in proper time and place i But more then that of Tobacco, I ſay
abſolutely and directly, I never had my hand or ſhare in any Monopoly or Project;
nay, I did, as much as I could, Oppoſe all of them, particularly the Monopoly
of Iron-Pots ; for which, I réſerve my ſelf to Anſwer as part of my Charge
And a new Book of Rates, whereby it was propoſed, That the Rates of the
King's Cuſtoms might be encreaſed. And this I did Oppoſe and Diſavow, al-
beit I was a ſharer in the Farn, and conſequently ſhould have had the Benefit and
Advantage of it for my proportion ; and by the King's Gracious Goodneſs
(when His Majeſty came to be more fully and clearly informed of it ) it was ſtop-
ped, and never went on: And this I will make appear in that point of the Arti-
cles that concern the Cuſtoms.
The Fourth is, That I have not had any greater Power, or larger Commiſſions
than my Predeceſſors in that Government have had ; which I conceive, under fa-
vour, is not controverted, but granted, and therefore ſtands good to me; or if it
wer econtroverted, I am able to make it appear, that I have brought in nothing
more than was formerly accuſtomed in the point of the Deputies Commillion.
The next thing in my Anſwer is, That the Revenue of Ireland was never able
to Support it ſelf before my coming thither; and that I ſay ſtill, with all Humi-
lity and Duty, is moſt trueAnd I truſt to make it apparently true preſently, if
Your Lordſhips will give me leave to call for, and examine my Witneſſes. It bea
ing the Proofs Your Lordſhips will look to, and not to what was only alledged by
that Worthy Gentleman : And further than Your Lordſhips Ihal find proved, I
dcfire not to be believed.
The proof offered againſt me, is by Sir Edward Warder, and Sir Robert Pyi,who
teſtified, That from the Year 1621. nothing went out of the King's Exchequer to
ſupply the Iriſh Affairs, ſaving only for the Maritime occaſions. And this I believe
to be true ; for they be Gentlemen of Credit that ſpeak it: and I will believe them
on their Words, much more on their Oaths.
But (under favour) there was for Eight Years together before my coming, a
Contribution of 20000 l. a Year paid by the Country; which was no part of the
King's Revenue,nor as I conceive, ever came into Accompt, nor was paid into the
Exchequer, as will appear on the
Fifteenth Article; but was a Gift of the Country,
and applyed to the King's Occaſions : and that determined, the Revenue fell ſhort
20000 l. of the Charge.
Beſides, when I came into Ireland, the Crown was extreamly indebted, above
(as I think (not to ſtand on particular Sums and Pence) 100000 I. Sterling. And
by the Gentleman's own ſaying, when I came out of Ireland, I left 100000 l.in the
King's Coffers : And if any ask where the Accompt for the Subſidies is, There is
100000 I. Debt paid, 100000 l. Icft in the King's Coffers; (For it appears by Sir
Adam Loftus, that there was 100000 l. in the Exchequer when I came from
thence) There was 15ooo l. employed for buying' Land, that yields the King
2000 l. a Year. And ſo much of my Lord of Ormond as yields 2500 h. a Year:
So that the Accompts will-Mew the beſtowing of the Subſidies, with as much Ad-
vantage as might be, for the King's Service. That the Revenue was ſhort; I could
make appcar clearly. The occaſion that no Money came out of the Exchequer,
1
.
Vol. 11.
G
was
1
.
1
1
1
1
1
42
An Impartial Collection of all the memorable Events
1641. was accidental, by a Contribution of the Country, no Revenue of the Kings. And
if that had not been ſupplyed; there had been no poſſibility of defraying the Ordi-
nary Charges of the Crown out of the Revenue; and that is the point wherein I
differ from the Gentleman, his meaning being, That the ordinary Revenue of the
Kingdom could not bear the ordinary Charge of the Kingdom. And I deſire
that Sir Adam Loftus and Sir Robert Dillom,may be examined upon ſuch queſtions as
ſhall be propounded in this point.
And whereas it is ſaid, I was ſhort in the Shipping; I affirm, that under favour,
I was not. It is true, that in the time of the late Juſtices, my Lord of Corke, and
my Lord Lofers, the laſt years Charge of the Shipping was paid forth of Ireland:
But it is as true, that when the Kingdom underwent the Charge, they leſſened the
Charge of the King's Army, by ſtriking soo off from the Army, and transferred
the Charge of their pay, to the eaſing of the King's Revenue on the Navy. But
that Charge being now increaſed again, and brought to the former certainty,
I conceivel might truly fay, There was in my time an eaſe to the Crown of Eng-
land, (all things conſidered) which formerly it had not : It being not with the
prejudice of the King's Service elſewhere, or leſſening the ſtanding Army, which
in all times hath been the ſtrongeſt ſupport of the King's Juſtice, and Miniſters
there; and which it deeply concerns the Crown of England, to keep in ſuch a Con-
dition, that they may be reſponſible to the King for the Services he ihall Com-
mand? So that though the Shipping Charge was paid the laſt year, yet ſo paid,
that the King's Army was weakened soo Foot; whereas now it is paid, and the
King's Army raiſed to a certainty again ; and a Change is made to the better
3
for inſtead of soo Foot, there is 600 Horſe. And that I ſay, my Lord of Corke
remembers very well,
there being Letters of his, That Sir Pierce Crosby his Regi-
ment, ſhould be put off, and the money for maintenance thereof, ſhould go to
defray the Charge of the King's Ships, for guard of the Coaſt.
And yet the Charge is much more now than it was; for the Charge was then
only two Whelps, as my Lord Mountnorris ſaid : And now there be three
Ships.
The Swallow, a Ship of the Third Rank, and two leſſer Veſſels ; ſo that I con-
cievemy Anſwer, in my ſenſe, was true.
For the matter of having money out of the Exchequer, I conceive my Anſwer
to contain no matter of Untruth; for I had out of the Exchequer only 150 col.
and for that the King will be anſwered 2000 l. a year good Fee-farm Rent in lieu
ofit; which he thought was no ill bargain. It is true, (1 fay) the money ſpoken
of by Sir Adam Loftus, was borrowed on my own, and Sir George Ratcliff's
Bond, to be paid upon ſight. At that time ( I praiſe God) I had Credit for
20000:1, and at this time ( I thank God for that too ) I have not Credit for 20 d.
Gods Will be done, I obey.it. But this money is honeſtly and juſtly paid;
Where is the Crime then ? might not I borrow of a Gentleman that would truſt
me with money, but it muſt be an Offence? Is it true, it was of the King's mo-
ney ; but the King had no uſe for it at that time. Had not I made uſe of it, it
muſt otherwiſe-have 'lain in the Exchequer, and yeilded no profit ; and beſides,
I borrowed it:of one that was Accomptable for it.
But; ſince I am put to it, I will ſhew that which will clear it from being a Crime
indeed; which according to the Duty I owe unto His Majeſty, my Maſter, his
Command hitherto have I kept private to myſelf: And that is the King's War-
rant, being all of His own Hand-writing.
1: Sir: Adam Loftits, being thenVice-Treaſurer, and now demanded the queſti-
ong: Whether that Warrant was produced to him at the borrowing of the money,
confefled, that my Lord of Strafford never told him of the Warrant.
Kings Warranc The Warrant was read; containing a Licence to make uſe of 40000 I. of
meid.
His Majeſtics Treaſure, now in the hands of His Majeſties Vice-Treaſurer,
for three years; Provided, that 'for Security, there be always left in the hands
of thc Comptrollers, a Stock of Tobacco, amounting to 40000 l, at the leaſt ;
with a direction to conceal this particular favour to him, that iç might not be
brought into precedent; then his Lordſhip proceeded,
1
Witneſs.
1
1
:
There
5
1
from the Scotch Rebellion to the King's Murther.
43
I 64 I:
I
There was accordingly ſo much Tobacco left. But, by what Law I know
not, The Magazines are ſeized on by Order from the Commons Houſe of Par-
liament, my Goods poſſeſſed, and given over to others, to ſell at their own pri-
ces; my People impriſoned, as if they had been Traytors Goods, and as if an
Inquiſition had been found upon me as a Traytor. And this is my Misfortune,
to be very hardly dealt withal by the Commons Houſe there, to ſay no more.
And whereas by the Kings Goodneſs I had liberty to take 40000l. I took but
24000 l. And where I had liberty to take it for three years (which expires not
till Michaelmas next ) I paid it in long before the time. And by this one particu-
lar I hope it will appear to Your Lordſhips, and the Gentlemen of the Houſe of
Commons, how Noble it will be to believe Charitably of me, till they hear
all can be ſaid; for I truſt, in the whole courſe of this Trial, to appear an ho-
neſt man.
And whereas I ſaid, I never had but 15000 l. out of the Exchequer, and yet
had 24000l. borrowed as aforeſaid. The King Commanded me I ſhould not
take notice of His gracious Favour ; and therefore I conceive, that in Duty to
my Maſter I ought not to have taken notice of it, otherwiſe my Anſwer ſhould
have clearly and plainly expreſt it: I never having Diſobeyed his Majeſty, nor, by
the Grace of God, never will.
For the 7000 l. for the Guard of the Iriſh Coaſt, that was mentioned already;
and I ſhall not need to Anſwer it further.
To the point of reſtoring the Poffeßions of the Church in a great meaſure; I
ſay, there was not only a Reſtitution, but a Preſervation by an Act of Parliament,
for preſerving the Poſſeſſions of the Church from being miſ-uſed by the preſent
Incumbent, to the prejudice of the Succeſſors; which Act, I wiſh were in England :
But that I conceive not to be Controverted, but granted me.
Bat it is ſaid, The Poſſeſſions of the Church were reſtored in an Illegal way, to
pleaſe my Lord of Canterbury: To which I Anſwer, The Gentleman indeed
Ipake it, but there is no proof of it, neither hath he offered any proof; and till
it be proved, I conceiva it not fit to trouble Your Lordſhips with Anſwering it:
I have done nothing in Church or Common-wealth, but Joſtly and Uprightly.
Albeit I conceive it a hard caſe, that having the Honour.to be the Kings Depu-
ty ſitting in Council, where there be Twenty who Voted as well as my ſelf, Tliat
I ſhould be noted to Anſwer for them all, though I did conſtantly ſubmit my
ſelf
to the Major part.
And as to my Lord of Canterbury, I beſeech Your Lordſhips to think', That
what I have done for the Church of Ireland, was out of a faithful Conſcience to
God Almighty, out of a deſire to increaſe the Religion I Profeſs, and which I
will witneſs with my Blood, by the bleſſing of Almighty God, if there ſhould be
occaſion. And when I have done it with reſpect to that Piety of His Gracious
Majeſty, which I would faithfully pay Him. I deſire it may not be put upon me,
'as done in an reſpect only to my Lord of Canterbury, where no ſuch thing is pro-
ved: No, I did it out of Conſcience,my Duty to God, to the King, and to the
People, that they might be inſtructed in the way to Eternal Life. And I beſeech
Your Lordſhips to believe, I have a Heart: a little greater than to do any ſuch
thing to pleaſe any man living, with Modeſty be it ſpoken.
For the Building of Churches, I confeſs, I built not any; and in my Anſwer I
ſay no more, but that Churches were built ; which the Worthy. Gentleman ac-
knowledged in ſome part. I confeſs they were not Built by me, or at my par-
ticular Charge ; nor do I ſay otherwiſe in my Anſwer: And it had been a vain
thing to have ſaid it, though I had done it my ſelf
.
But it is ſaid, the Anſwer is not right, in ſaying there be divers Worthy
Church-men preferred; and three are inſtanced in, Biſhop
Atherton, the Biſhop
of D. and one Gwyn : To this I beſeech Your Lordſhips, that I inay be bold to ler
the Gentlemen know, That Biſhopricks not in the gift of the Deputy, buç of the
King; and that he is not Reſponſible for what the King doth.
But not défiring to deny any thing that is true, I confeſs, I think Biſhop Ather-
ton was unknown to His Majeſty; and that I my ſelf recommended him, to the
Biſhoprick ; and at that time I thought the Biſhop a Perſon fit for that fharge :
But fuppoſé he had a ſecret fault of his owns (God knowes it was unknown to
me) may not a man be deceived in his Judgment of a mant; but this ſhall be turned
Vol. II.
G 2
againſt
;
1
+
+
1
1
1
44 An Impartial Colle&tion of all the memorable Events
1641. jagainſt him? It is a very eaſie thing for a man to cover his faults from the eye of
the World; I thought him not a Vicious man, he proved ſo, and he had his me-
rit, he ſuffered for it: And unleſs I had the Inſpection of Almighty God, I ſup-
pole, this cannot be laid to my Charge; if any private End or Reſpect ſhould ap-
pear in the doing of it,I deſire no more of Your Lordſhips Favour ; and I profefs,
I had rather be out of the World, than not have the Favour of Your Lordſhips,
and the Honourable Houſe of Conimons; of whom I deſire, that they would hear
me with that Equity that they hear every thing.
For the Biſhop of D. all that is mentioned againſt him is, That he is Impeached
of High Treaſon by the Commons Houſe of Parliament in Ireland : And how the
Biſhop will acquit himſelf I know not; but for that, the Biſhop muſt Anſwer for
himſelf, not I.
This Biſhop hath lived in my Houfe a long time,as my Chaplain; and I humbly
recommended him to that Biſhoprickytaking him (and I hope he will fo approve
himſelf) to be a very Learned man, and that I think no body will deny : cer-
tainly he liath the Elements to make him a very Worthy Church-man as moſt i
know.
For that Gwyn, I profefs I never heard of him before, nor do I know him;
But recollecting my thoughts, I think he was recommended to me by ny Lord of
D. for in Matters of the Church I did uſe that Gentleman ; and if I were to begin
the World again, I would uſe him ítill, holding him a very honeſt Worthy Man:
And I think there was ſome Rectory or Impropriation that the Earl of Corke had
poſſeſſion of which was reſtored to the Church; and it was of fo ſmall and trivial
a value, that they knew not who to get to ſerve the Cure, and on that occaſion
this man was recommended to it. And I think, that if it ſhall come to be examin-
ed, Thirty pounds a Year will go far in his Preferment. And if ſuch a thing
ſhould happen, and miſcarry in his hands, it is no ſuch hainous Crime as is ob-
jected.
But I deſire leave to ſhet what I have done in this kind inſtead of this Mr. Gwyn;
and Your Lordſhips may ſee a Lift of thoſe I have preferred to the Church of Ire-
land, and perhaps they may be known to ſome of Your Lordſhips, and to many
Gentlemen of the Houſe of Commons. And firſt I ſay, I preferred Mr. Gray, and
have done for him according to the means I had by the Favour and Goodneſs of
the King; perhaps he hath that which is worth 3, or 4, or sool. a Year by my
Gift. And this Mr: Gray (if I be not miſtaken) was ſometimes Chaplain to a No-
ble Perſon that ſits on the Earls Bench; and if it were material further to enquire
of him, I might give ſatisfaction what he is. I likewiſe brought into that King-
dom Mr. Tillon, now Biſhop of Elphin, and ſometimes Fellow of Univerſity Col-
ledge of Oxford, a moft Worthy, Honeſt, Religious Perſon he is; and thoſe that
know hiin, 'I am ſure will give him that Teſtimony. I likewiſe preferred Dr.
Marget'fón,
Dean of
Chriſts Church; he was of Cambridge, and a Worthy man.
Mr. Forward, Dean of Drummore, an Oxford man; who if he were known, would
appear worthy of that Preferment. Mr. Dean Creſsy, an Oxford man. Mr.Ronde
Dean of Derry, a Cambridge man, of Sydney Colledge. Dr. Wentmorth, Dean of
Armagh, of Oxford. . Dr. Price, Dean of Conaught, of Chriſts Church in Oxford.
Mr. Thorpe, a Cambridge man. I preferred likewiſe one Mr. Parry, whom I found
in Ireland; but all the reſt I brought and ſent for out of England? Nay, I fent for
them, and did thofe things for them before they did ask the
Queſtion, or knew of
That being
almeans, under Gods Bleſſing, to conform that Kingdom to the
Church of England. And theſe, and far greater numbers than theſe, to my beſt
Judgment and underſtanding, I made uſe of as Inſtruments. Gods Glory, His
true
Service, and the reducing of the People to the Profeſſion of the ſame Reli-
gion that's here in England; and for no other end. But concerning my Carriage
of the
Truſt repoſed in meiby the King, touching theſe Eccleſiaſtical Preferments,
I deſire-no other Teſtimony or Witneſs for me, but the Lord Primate of Ireland,
who is ſick, and cannot come hither: To whom I will appeal, whether:I:have not
in my preferring to the Church Preferments,carried my felf with all clearnel and
care I could poſlībly.
To the point of increaſing of Proteſtants; if Your Lardhips pleaſe to hear.amy
thing
in that kind, I ſhall call my Lord Dillon, and Sir. Adam Loftus, who iif they
ſhould be asked, Whether there be more Proteſtants-in Dublin : now than
when
11
it;
t
ļ
+
1 641
to
45
I firſt came thither? I doubt not but they would give an account of a greater
number.
My preferring of none but Proteſtant Officers, if I miſtook not the Noble Gen- E. of Strafford.
tleman did acknowledge, meaning Mr. Pym.
To the diſpoſing of the Army without Grievance to the Subject; I leave that, Billetting of
(which was ſpoken with ſo much Advantage and Ability, above any thing that Soldiers in
from ſuch a poor man as my ſelf, could be expected) and proceed to that which Dublin.
was proved ; obſerving, That one only Teſtimony was produced, (viz.) Alder-
man 7. who ſaid, they have a ſpecial Charter at Dublin tò exempt them from Bil-
letting of Soldiers
. But whether it be fo or no, it hath ever been denyed by the
Deputics: And by his own Confeſſion, the Foot-Companies of my Lord of Faulk-
Land were Billetted in Dublin. And whereas it was ſaid they had Lodgings, not
Money, That was altered upon a Compoſition with the Soldiers, who can expect
only Lodging ; but if for the Eaſe of the Town they will allow the Soldier Money,
and leave him to provide for himſelf, it is all one.
For the Horſe Troops, My own is, and ever ſince I was there, hath been Bil-
letted in Dublin. And it is in the power of the Deputy to Gaſriſon part of
the King's Army where he pleaſes, and without controverſie, hath been to at all
times.
And I deſire that my Lord Ranulagh may be asked, Whether the Soldiers of the
Company he hath, be not Billetted in Athlone, at leaſt ſome part of it. It is true,
my Lord of Faukland's Troop was not Billetted in Dublin; but they were in the
Counties round about, which was more chargeable.
And beſides, here is produced but one ſingle Witneſs; and I hope my own An-
ſwer may ſtand equal, and in as much Credit, as a ſingle Teſtimony, that on the
matter, confeſſes the thing in a great part.
For the increaſe of Shipping, the Gentleman queſtion'd it not; and really there
Increaſe of
is.now 100 Tun for one, that was there before my coming. And if I had time to Shipping.
ferd into Ireland for the Certificates of the Officer of the Ports, (the Surveyor,
I think) who views the Ports once a Year, it ſhould appear to Your Lordſhips,
that I have not abufed you, nor the Honourable Gentlemen thạt;hear me. And
whether that be an Argument that the Trade and Wealth of the Kingdom is im-
proved, (I appeal to all that hear me) when the Shipping doth ſo much increaſe:
And the Cuſtoms, which were not above 13000 l. a year are come to 40000 l. and
that on the fame Book of Rates.
Concerning the Sentencing of Jyrors, and the queſtioning of them in the Star- Jurors Sen.
Chamber. It is true, divers of their Sentences were paſt: And to thoſe Sentences tence in the
I refer my ſelf, till ſomething be proved againſt the Truth and Juſtice of them. Star-chamber
.
And I think it will ſtand with Your Lordſhips Goodneſs, to judge the beſt of the
Court of Caſtle-Chamber, wherein the Deputy hath but one Voice, They being
the King's Miniſters, and ſtanding upon their Oathes to do their Duties : But I
think in my. Conſcience, there was the greateſt reaſon in the World to ſentence
thoſe Perſons. And when it comes to be examined, it will prove ſo. And un-
leſs a ſtrict hạnd be in that kind held upon the Nativeș, the Prieſts ſhall carry
them againſt
all things that can be. For either they do not, or will not, under-
ſtand their Evidence : ſo that it þegats one of the moſt crying Sins in Ireland.
And if ſome Examples have been made, they are upon ſtrict Grounds and Reaſons
of State. For if Jurors going directly and manifeſtly contrary to their Evidence,
be not puniſhed, that high and ancient Trial by Jury, will fall. And is it not
ordinary in England to have Juries Sentenced for not finding according to the Evi-
dence? But if any one hath not been Juſt, upon inſtancing.of.the particulars,
I
will Anſwer for his Vote as well as I can: For it muſt ſtand or fall according to
the Merit of the Cauſe.
But one thing which I obſerve the Gentleman to ſay, is.very Conſiderable; for
he tells what was ſpent there
this laſt year. This I have little to Anſwer for :
For when I came out of Ireland, there was 100000
1. in the Exchequer; and how
it hath been iſſued, I know not, but it hath not been done by, my. Warrant or
Direction ; yet I doubt not but it will appear, when examined, that it hath
been
faithfully and juſtly diſpoſed. But I am not to Anſwer, for it, only I can ſay,That
when:I came out of that Kingdom, the Kingdom was fo, far from being 60000 !.
in Debt, (as ſome ſuch thing was ſpoken) that there was 100000). in the King's
Coffers.
And
T
1
1
i
1
1
1
iny ſelf
S
46 An Impartial Collection of all the memorable Events
I 61 4.
And for the soooo l. received by me in England, Mr. Vice-Treaſurer in Ireland
is Accomptable for it, though Mr. Vice-Treaſurer never touched the money, and
ſelf as little. And Mr. Vice-Treaſurer diſcharges himſelf of it by Warrants
iſſued from me, and charged it upon opher Accomptants; who when they come
to Account, I doubt not but a good Account will be given. Though (under fa-
vour of the Gentleman) of the soooo l. 14000 1. is yet unpaid, only there is an
Allignment. Bụt it lies on him and his Credit for diſcharge of the Kings Service:
And it muſt lye on him, or on ſome other perſon, if himſelf have nothing left
him.
And whereas it is ſaid, the money I had as borrowed, was taken out when the
King's Army was in want, I deſire Your Lordſhips to obſerve, It was two Years
ago when I had this money; and then there was ioooool. in Surpluſage. And
though the King gave me Liberty, of His Goodneſs, to uſe it three years, it was
not wanting to the Army when it ſtood in need of it.
The next thing urged, was my Cozenage in the Cuſtom-houſe, and that I
had there Cozened the
King notably, 5 or 6000 l. a year deep.
To Anſwer this, I reſerve my ſelf till I come to the particular Article ; but
deſire leave with all Modeſty to ſay, That it Mall appear I have not Cozen(d,
nor deceitfully abuſed His Majeſty for a Farthing Token, neither in that, nor in
any thing elſe. And that there is no other Allowance, nor Defalcation by the
Grant wherein I am Intereſſed for 15600 l, a year, and 8000 l. Fine, then was
allowed to the former Farmers, that had it at the Rent of 13000-4, a year. And
that I have made the King a much more profitable bargain than he had, or could
have without it.
The next was for the Revenues of the Church, That they were got without
Rules of Juſtice; And were an Offering of Rapine. Alic that I had anye.co
my own Preferment, in the Perſon of my Lord of Canterbury: To that I have
already Anſwered.
And thus having run over all the Preamble, I humbly begg lave to make ſome
Obſervations upon the Teſtimonies produced, (viz. ) That the Examinations of
Sir Fohn Clotworthy, and my Lord Ranulaght
, I conceive; do not concern me. Mr.
Barnewells was for things fpoken when I was out of the Kingdom ; and were con-
cerning Sir George Ratcliffe, and not me.
For the Remonſtranceś ſhewed, wherein they diſclaim the Preamble to the Aci
for four Subſidies, I beſeech Your Lordſhips to contider, how unlikely it is that
I ſhould do any thing in that kinde fraudulently or furreptitiouſly: For by
the Cuſtom of that Kingdom, the Laws muſt be tranſmitted nither under the
Hand of the Deputy and Council., and ſo paſs the Scal, and be returned to Ireland;
when that Law was tranſmitted, I was here in England, as I take 'it: And abſo-
lutely and directly, I proteſt I never knew any thing in the World of that Prel
amble, never ſaw it, nor heard of it, I think, till I ſaw it in the Copy of the Re:
monſtrance ; I never heard it was excepted againſt, it having pass’d the Vote, and
three times reading, in both Houſis: And I would have conſented to have it
ſtruck out, as in truth I will now; being far from any thing of vanity, and not
thinking my ſelf better or worſe by being put in or out : And if it were charged
upon me as a Crime, or were material for me to prove it, I think I could by Wit-
neſs in Town prove, That it was the general Vote of the Commons Houſe, and
paſſed with as inuch Applauſe and Chearfulneſs,as any thing. And, if my Lord Dil
lon, and Sir Adam Loftus, and ſome other of the Iriſho Commiſſioners, were ex-
amined upon Oath , I believe they would Swear they never heard
any Exceptions
againſt it, till the timel was Impeached with High Treaſon.
For the Particular concerning Sir Pierce Crosby, it concerned not me; but the
reaſon of his being put from the Board was this: All Laws muſt firſt be tranſ-
mitted from the
Deputy and Council ; the Bilf againſt which he Voted was
tranſmitted, Sir Pierce Crosby was there, and fet his hand to the tranſmiſſion;
and becauſe he did not except againſt it then, being a Member of the Board, but
did except againſt it afterwards,
it was thought fit he ſhould be 'Sequeſtred as I
remember) till His Majeſties Pleaſure hould be known; but Committed he was
not : And it was done by the Vote of the whole Board, but no way: to infringe
the Liberty of the Houſe; and ſo in Obedience to Your Lordſhips, as near as
I could, with a great deal of Weakneſs and Infirmity, I have ſaid as much as I
i
aan
-
.
47
104 I.
*1,"
VV
.
from the Scotch Rébellion to the King's Murther.
can for the prelene recollect, towards the making good the Truch of my Pre-
amble.
And I conclude with this humble ſuít, there being ſome Exception took at ſome
Words that fell from me, Many mens Tongues and Mouths may offend, where
their Hearts do not : And that in truth I may fay, my Heart did not offend a-
gainſt that Reverence and Duty I ſhall always pay, on all occaſions, to the Ho-
nourable Houſe of Commons, and every Member of it ; but to others, that are
neither Members of this Houſe, nor of the Houſe in Ireland, I meant what I ſaid :
And I do beſeech the Gentlemen of the Houſe of Commons to accept my AC-
knowledgment of this truth : and that my Words may not be any ways raiſed
againſt me as a Cauſe of their thinking worſe of me; or that I ſhould be peccant
or offending, in having other thoughts of the Members and Proceedings of the
Houſe, than with all Submiſſion, and all belief of the Equity of it.
To which Defence Mr. Pym replied.
Hat I have ſaid in Anſwer of the Preamble, was not by way of Charge,
but only for diſproof of that whereby my Lord of Strafford would také
away, or nullifie the Charge. So that if the Charge remains in force, the Servi-
ces performed by him, are not effectual to mitigate it.
That what we have propoſed ſtill ſtands unavoided, as we conceive, notwith-
ſtanding any thing my Lord of Strafford hath ſaid.
That as concerning Sir Pierce Crosby his agreeing to the Tranſmiſſion, if that
be true : That there is a preparative part of the Law, and there Sir Pierce Crosby
might ſpeak as a Councellor; But there is a Legiſlative part of the Law, and that
is done in Parliament, and theſe being diſtinct, if Sir Pierce Crosby did do any
thing at Council-Table, it deprived him not of his Liberty to ſpeak in Parliament.
But we are informed, he gave his denial to conſent to the Tranſmiſſion.
And if my Lord of Strafford were not guilty in his own Perſon of breach of
Priviledge; yet if under his Government, Priviledge of Parliament be broken,
it is no matter of Merit to ſay, he procured Parliaments.
It is no Anſwer to ſay, things are not proved, when any thing we urged, is
contained under an Article; for then he refers the proof when he comes to the
Article; as many things concerning the Lands of the Clergy, will be made good
in the proofs of the proper Article.
That he hath preferred many Divines ; that is no part of his Merit, nor
takes away his fault, though it be true.
That for the Value of his living, we never heard of it till on this occaſion;
but be it ſmall or great, it is nothing to juſtifie my Lord of Strafford, being of-
fered to this purpoſe ; That though his Lordſhip were careful of the Lands of the
Miniſters, He was not careful of the Miniſters themſelves, in ſuffering a Groom
to execute that high Function; Miniſters being not to be choſen according
to the Quality of the Living, but according to the Quality of the Function.
That for the matter of Monopolies, if his Lordſhip do ſtop any, he may ſtop
them for ſiniſter Reaſons and Reſpects; and however, there is no Compen-
ſation, doing his Duty in one thing, not ſatisfying for Neglect in another.
And then concluded, That what we have not now replied unto, ſhall be made
good in the Charge; and ought not in their Lordſhips Opinion, make my Lord
of Strafford more plauſible; for the Charge ſhall be made good againſt him in the
truth of the Fact, and the Aggravation of it.
Hereupon the Court was Adjourned, and the Committee directed to
proceed to the Proofs conducing to the particular Charge, the next
Morning.
The Court being ſate, upon Wedneſday, April 24th. the Lord High Wednesday
Steward, acquainted the Commons, That the Lords had reſolved, that April 24
Sir Pierce Crosby ſhould be examined, and the validity of his Teſtimony
left to the Judgment of their Lordſhips.
Mr. Mainard, one of the Committee of Managers, then opened the
Charge in a Speech as followeth,
My
"
i
48 An Impartial Collection of all the memorable Events
1 641.
to
My Lords,
Our Lordſhips have with admirable Patience attended the Charge that hath been
read, and the Anſwer, and the Exceptions taken to the Preamble which
niy
Lord
of Strafford to in raciate himſelf did make to the main of his Defence.
My Lords, 1 ſhall repeat little of that which hath been ſaid, only pardon me if I ſay
this to your Lordſhips, That mhereas my Lord of Strafford Anſwered to very many
particulars
, yet to that main one he Anſwered not, which was principally objected againſt
him, which I therefore ſpeak to put his Lordſhip in mind of it, that if he can
be
may
Anſwer : and that is, your Lordſhips were pleaſed to hear the Complaints and Proteſta-
tion of the whole Kingdom of Ireland'read before you, the principal of their Aim ſeems
to be to take off the Extolling of my Lord of Scrafford that himſelf or bis Agents had
put upon him in a Bill of Subſidies, wherein indeed the Praiſe and Honour due to His Ma-
jeſty, was much Attributed to my Lord of Strafford, which grieved the Parliament,
who would take it off, and my Lord of Strafford is not willing to lay it down, and he
doth rell to do ſo when he can keep it no longer, when thoſe from whom he took it by fraụd
or force, would wreſt it again from him. I deſire your Lordſhips to remember, and I
an ſure you will, That the
main of our complaint is, His alteration of tbe fundamental
Lams againſt Will; His introducing of new Latvs at his Will and Pleaſure: This is
not only the Cry, but the Teftimony of a mhole Kingdom before your Lördſhips ; of all the
Lords and Commons of Ireland.
I ſhall not touch that which concerns breach of Priviledge of Parliament, he would
fain put that off on Sir George Ratcliff, his bofom Friend, and put it off himſelf. My
Lord of Stratford Sequeftred Sir Pierce Crosby from the Council
, bis Vote went with
it, others joyned with him; but I am ſure he moved it, be concurred with it.
But now, My Lords, I humbly Addreſs my ſelf to that we are ready to mantain,
The Body of the Charge : And becauſe ſome time hath been ſpent between the reading of
the Charge, and the main of the Defence, I defire leave to open what is the Nature,
what the Height and Quality of the Offence, of which this great Lord stands Accuſed
before you?
My Lords, It is a Charge of the higheſt Nature that can be againſt a man; A
Charge of High Treaſon. It is a Treaſon, not ending and expiring in one ſingle Aťt of
a diſcontented Heart, but a Habit, a Trade, a Mistery of Treaſon exerciſed by this
Great Lord, ever ſince the King's Favour beſtowed on him.
My Lords, It'hath two Evils to deprive us of that which is good ; That is, to ſub-
vert and take away the fundamental, the ancient Lamps, whereby we are ſecure of what-
ſoever Toe du enjoy ; it hath ( My Lords ) a poſitive Evil in it, to introduce instead of
that an Arbitrary Government, bounded by no Laws, but by the Evil Councels of ſuch
Ministers as he hath been.
My Lords, It is the Law that gives that Soveraign Tye, which with all Obedience
and Chearfıslneſs, the Subject renders to the Soveraign. It is the Law ( My Lords )
that gives Honours to the Lords and Nobles; Intereſt, Property, and Liberty to the
Subject.
My Lords, The Laip, ( As it is the Foundation and Ground of all theſe ) hath its
distribution in a courſe of justice. Fuftice is derived ( as by So many Channels ) by the
ſeveral Courts of Juſtice; whereby the King's Justice (for it is His ) is broßght and
conveyed to the Subject.
My Lords, of all this hath my Lord of Strafford endeavoured, not only to put the
Subject our of preſent Poffeffion, but to make him uncapable of the future Benefit of it.
Other Treufons, yea, "a Treaſon againf the Perſon of a Prince (which is the most
Tranſcendent and High 'Treaſon that can be ) fall ſhort of this Treaſon; For a good
Prince may be gathered to His Fathers, yet another may ſucceed him, that
supports the
Glory and Juſtice of his Throne. We have had Experience of it: When bleſſed King
Janie's was taken from us to Heaven, Sol occubuit & nox nulla fecuta eft. But
any one ſuch a deſign as this ſhould take effect, . That the Lamp and Juſtice ſhould be taken
from the Throne, and will placed there, we are without hope of
medy.
Power in ſo great a meafure taken, is not eaſily laid doin, unleſs it be by the ex-
ceeding great goodneſs of jo merciful and juſt a Prince as we have.
Mỹ Lords, The Particulars of this Treaſon are Conveyed to your Lordſhips in 28
kan
ſeveral
1:
I 641.
។
from the Scotch Rebellion to the King's Murtber. 49
ſeveral Articles. I ſhall ſhortly and briefly touch but the Heads of thoſe on which I
ſhall infifty and give ſome diſtribution of them. And I think the best way will be this is to
To conſider first what he did, and what he ſaid, before he went into ireland; then
what he did and ſaid there ; and what he hath done ſince. And in all of them, you
will find this his main deſign, which I have opened, That Law might na were ſtanda-
gainſt his Will; and to ſettle it, that he might continue ſo.
My Lord hath declared rbis in incroaching Juriſdiction where it was not, in cxer-
ciſing an Arbitrary Power under that furisdictions in taking on him a Power to make
Laws ; In Domineering and Tyrannyzing over the Lives, the Liberties, the Goodsa
the Eſtates, and that
ſocver is the Subjeits.
And My Lords ) this hath he done, not only on thoſe of the meaner fort that could
not reſist him, but on the Peers, on the greateſt and moſt ancient Nobility of Ireland :
And what might your Lordſhips cxpect, but the ſame meaſure at his hands
, had his
Will had its pasſage here, which it had in Ireland. Iſhall come note to the particriler
Articles.
1. And firſt, Whereas it pleaſed His Majeſty to place him with Power and Honober
in his hand in the North as Preſident, he had not been long there; but that Commiſſion
which bounded and pleaſed his Predeceſſors, he muſt needs firmount and overgo. There
was a Commiſion in 16 Jac. which the then Lord-Deputy had, in which was that Le-
gal phraſe secundùm antiquum curſum, his own Commiſſion 4 Car. purſued that,
without any alteration; but being in but four years, this would not pleaſe his boundleſs
Ambition, he muſt needs have the power that the Lords in the Star-Chamber have
put in expreſs terms, a Power to proceed according to the courſe of the Chancery, that
his Conſcience might limit other mens Eſtates; That his Injunctions might stay other
Proceedings at Law : And which is highest of all
, if any thing be done in that Couri,
within theſe Inſtruktions, then no Prohibition ſhould be Awarded. He would make
himſelf ſafe from any ſuperviſing of other Corrts.
if the Committed any man to Priſon, though a Habeas Corpus were granted (then
arhich, the Subject hatb'no other remedy to vindicate his Liberty) the Officer (for the en-
couragement of thoſe which be under bis Power) must not obey it. And if any Fine be
put upon the Officer, then comes a command in this Commiſſion, That the Fine ſhall be
diſcharged; ſo he not only takes a power to himſelf, but alſo takes the Scepter of Juſtice
out of the King's Hards, for by this means there is an imposſibility the Sabječt ſhould have
the juſtice that my Lord knows is due to him; and he knows it righe, well : for when he
mas a Member of the Houſe of Parliament, it was his own motion, who noto ſtands at
the Barr, That all the Officers and Miniſters of State, ſhall ſerve the King according to
that Law, and he is the first officer and Miniſter of State, that breaks it ;. and in the
moſt tranſcendent degree that ever it was broken.
My Lords, He doth in this, as much as in him lies, ſay to the Laws, 'Do your trorft;
You can buit Fine, and that you can do fliall come to nothing ; the Fine ſhall not be paids
The Officer ſhall not obey you.
If this had been a ſingle Act , me flould never have accuſed him of this Treaſon,
though it comes very High, and very Tranſcendent. But the oppresſions and Injuſtice,
the Counſels and Speeches that we preſent to Your Lordſlips, we preſent them not fingly,
but as together, defighing and noting , what a Treaſonable purpoſe and diſpoſition is
in bim.
2. My. Lords, The next thing he doth when he is in the North anong the Fuſtices of
the Peace, and the People attending for Fuſtice, you ſhall ſee what: Encouragement he
gives them to look for it; and how foul a thing he dares to fling on the Sacred Majeſty
That did advance him. He tells the Juſtices that were ta do Juſtice, and the People that
were to receive Justice, That ſome of the Juſtices were all for Law, but they ſhould find,
The King's little Finger is heavier than the Loyns of the LAM. Your Lordlips
may confider what a tranſcendent Speech this was, ont of whoſe Mourh it came, what
fad Accidents happened upon it ; nothing could move this Lord to utter it : but his Will
and his Violezce muft out, thosgh he burſt a Kingdom in pieces for it:
and
3. The next thing is this, When he goes into Ireland you will find his Temper.
Spirit not a whit Allayed ; bust now being furtber from "His Majeſtie's Perſon, he is
higher in his Power and in his Will. It is true, that Kingdom was annexed to this many
years ago ; but they that non poſſeſs the greateſt part of it, are Subjects of this Kingdom,
deſcended from them that went from hence thither. Yet he tells them in a folemn Speechia
not ſuddenly but folemnly, That Ireland is a Conguered Nation, and the King might
Vol. II.
H
dol
1
5
1
F
1
50 An Impartial Collection of all the memorable Events
1
I 641.
1
an Ear,
inent.
do with them what he would; and that their Charters were nothing worth, and bind the
King no longer than be pleaſes. Surely (My Lords) We might ſee what he would do if be
bad "Power. But God be bleſſed, we find not the diſpoſition any where reſented by His
Majeſty; and we hope that ſuch Councels ſhall never have Acceſs to ſo good and graciozis
4. The next thing, he ſtays not in words, but will be as good as his word if he can;
and he begins high. For ihat we preſents next, is a Peer of the Kingdom thruſt out of
his Posseſſion by my Lord of Strafford's Order ; and when he Sues at Law for recovery of
his Right, my Lord Threatens him. Truly Threatnings are not good, in fisch a
where a man Sucs for Juſtice, And from him that ought to Administer Justice, and fur-
ther him in it; yet he Threatens him Impriſonment, to which Peers are not ordinarily
liable.
Firſt mny
Lord tells him, He will not have Law nor Lawyers queſtion his Orders; be
might debar the Lawyers in ſome caſes, but why a man ſhould have a Spleen at the Lam,
that his Orders fhould not be examined by, that I know not. And he goes higher; for
when there was an occaſion to ſpeak of an A&t of State, he tells him, That he will make
him and all Ireland know, that as long as he had the Government there, any Act of
State made, or to be made, ſhould be as binding as an A&t of Parliament.
My Lords, He cannot go higher in Speeches than this, That an Akt of State of
his own making, and his oron Power , ſhould be as binding as an Act of Parlia-
Nay, he tells them
in Parliament, That they were a Conquered Nation, and muſt ex-
peet Laws as from a Conquerour.
5. Next we ſhall fheir divers Instances wherein he exerciſes• Power over the Lives,
Lands, and all that is the Subječts; deduced into ſeveral Articles, viz. the 5th, the 6th,
the 7th, and the 8th.
In particular, one I ſhall be bold to open, That is the Caſe of my Lord Mountnorris,
another Peer of that Kingdom, and a great Officer there. Some words fell from that
Lord, ſpeaking of one that had trodden on my Lord of Strafford's Toe, That he hoped
the Party did it not in Revenge ; for he had a Brother that would not have fought ſuch a
Revenge. For theſe words, poke at a private Table, half a year, yea ſeven months
before, my Lord of Strafford calls a Council of War, and judges his Lordſhip to death.
My Lords, It is no wonder that he would make the King's little Finger fo heavy,
that could make his own Toe heavy' enough to tread the Life of a Peer under his
And he did not only give Sentence in that
Caſe, but cauſed Execution to be done in ano-
ther Caſe, upon one D.who was condemned by Martial Law, and hanged as Lublin,
where there was no War at all.
Other particulars will follow when I fall upon proof.
9. Then he comes to make Laws ; and that is in the 9th Article. By the Lamps
.
of England and Ireland too, the Eccleſiastical Power is diſtinit from the other, it not
extending to the Impriſonment of the Perſon, but is to attend the King's Courts, and to
receive directions from thence ; yet he makes a Warrant to the Biſhop of Downe, (and
be made it to others too)That if any of the poorer fort did not appear upon the Biſhop's Ci-
tation, or not obey when they did appear, they ſhould be Attached and Impriſored Here
he makes a Law of himſelf, and ſubječts the Liberties
of the Subjects to his oron Plea-
ſure, but this was for the poorer ſort of people, though Juſtice fees no difference in mar-
ters of Estate; betwixt Poor or Rich: But when he bath brought it on the Poor, he
will afterwards bring it on the Rich.
10. The next is à Power of laying Impoſitions on the Subjects : Firſt he is a Farmer
of the Cuſtoms, he puts exceſſive Rates upon the Commodities; that which is worth but
ś s. as the Hydes, he will have valued at 20 s. and the Wool, which is worth 5 s. he will
have it valued at 13 S. 4 d. and by this he takes away, in effect, what focver the Con-
modity is worth; for the Customs come very near the Value.
Another particular in this I ſhall be bold to open, and I hope his Lordſhip will provirle
to give an Anſwer, He hath
advanced by this the King's Cuſtoms, and a Rent of 13501.
is encreaſed to the Crown: But it will appear to your Lordſhips, that the Crown hasha
lost, and he only hath gained. And whereas my Lord of Strafford ſays there was no
other Defalcations in his parent, than in the former, that will fall out to be otherwiſe ;
for this is the State of the bargain.
There was a former Rent of 9700 l. which the Duke of Buckingham paid out of this
Feet.
1
,
4
1
Farm.
1
51
1641.
>
from the Scorch Rebellion to the King's Murther.
Farm. On the Earl of Strafford's Patent that Rent is reſerved, and as msich as camo
to 1350 1. more, but in lieu of 1350 1. advanced to the King, my Lord of Strafford
hath in his Grant the Surpluſage of Wines (which were not in the Duke's Patent) morch
3400 l. a year, beſides a Rent paid for the Term of the Wine of 1400 l. And inhereas
there was no defalcation of the Cuſtoms of London-Derry and Coletane in the Duka's
Leaſe, which amounted to 1500 l. a year ; my Lord of Strafford muſt have a defulca-
tion for them: And then the Seizures, which were soo l. a year, and for Knockver-
gus and Straniford 2500 l. a year, fo here is alove soco l. a year leſs to the Crown, in
lick of the advarce of 1350l. a year,beſides the increaſed Cuſtoms amounting to 12000 1.
a year : And yet be again bath far exceeded this proportion. We fwy fuither, be doch
not only impoſe on the Subjects, but takes away that which is the Subječts utterly and en-
tirely, as in the caſe of the Flax. It is true, the Employment of it belongs to Women ;
but it is the greatest Commodity ( one of them ) of that Kingdom, and of greateſt profit;
the Revenue of the Cuſtom of it being 800 l. a year, and this he hath gotten into his
own hands and poſſeſſion. This he got from the Natives, and took it to himſelf. He
doth for that purpoſe, iſſue olt a Proclamation, That they ſhall uſe it in ſuch a way wöhere-
in the Natives were unskill'd, and if it were not ſo done, it should be ſeized. and it was
ſeized accordingly, yea their Houſes broke open, and theirGoods taken away, and brought to
my Lord of Stratford's Houſe, where they were employed in his works. The like we all in-
Stance in Tobacco
15. Next we ſhall hero to Your Lordſhips how he hath levied War xpon the King's
Subjects. We opened in the beginning, what an Arbitrary Furisdiction he ſet up; here
we ſhall flew hom he uſed it by a merr courſe of Enmity and Hostility. For (My Lords)
this was the courſe; if a Decree or Order were made by him, and not obeyed, be iſſues
a Warrant to the Serjeant at Arms, to go to the next Garriſon, and take Soldiers
with an Officer, and carry them to the Houſe of the party in queſtion ; 'it is no matter
where it was, but to the Houſe of them' that were pretended to be diſobedient, they were
to go : If the Decree had been to raiſe ſo much money, or to put parties in posſeſſion.
In plain terms, the Soldiers were to lye like Free-booters, and Enemies on the King's
People to eat them up. They have killed their Sheep, their Oxen, ar.d they have lain
not on the parties only, brit on their Tenants, till the party comes in and render's himſelf.
They have burnt their Houſes, taken their Wives, and Friends, and carried them as
way, till Obedience was rendered, and this is a levying of War upon the King ; For the
King and the People are both ſo united in Affection and Right of Law, that there cannot
be Violence offered to the King, but it redounds to the People ; nor can any Oppreſs the Peo-
ple in this fort, but it redonds to His Majeſty. Beſides, it is contrary to a Lari
of that Kingdom ; whereby it is Enacted, That if any perſon shall alleſs Horſeor Foor,
on any of the King's People, without their conſent, it is High Tresſort
.
The next thing we ſhall go to, is the Favour he fliemed to the Papists, in their com-
poſitions and Exemptions from all penalties of Law, for they were expreſly not to be pro-
ceeded againſt, nor to be Convicted, and ſo that which hath influence intó Religion and
Reformation, is quite taken away, and nothing but matter of Profit is lift.
The riešit Article is that that concerns the Kingdom of Scotland.' Firſt he begins
with them in Ireland ; contrives an Oath, which is ſet forth in the Articles, That
they fall obey the King's Royal Commands without exception. This he enforceth, byFining
And Impriſoning them that diſobeyed him: Anà foin all the other párticulars when his Pro-
clamations were broken,his courſe was by Fine and Impriſonment to enforce an Obedience.
My Lords; He doth not only preſs them in their Estates, but ſtrives to infuſe into
His Majeſty an ill Opinion of them; he provokes and incites Him by all bis Arguments,
to lay doron his Mercy and Goodneſs, and Faſtice, and to fall into an offenſive War a-
sgainſt that Kingdom. He gives oist, that the Nation of them (not this or that
man),
are Rebels and Traytors: And if it pleaſe the King to bring him back to the Sword( indeed
he is fit for that, it is a violent weapon) he will root out the Scottiſh Nation, Braticli
and Root; ſome few excepted of thoſe that had taken the Oath.
Whien he comes into England, he finds that His Majeſty, with great Wiſdom, hád
spacified thoſe Storms and Troubles that threatned us there: Pét he dürb incenſe the King
Hill
' to follow this to an Offenſive War, and prevails ; He plots to call a Parliament,
but with an intention (if it furniſlied not his deſign ) it ſhould be broken, and he would
ſet up other ways of force to raiſe Moneys of the Kingdom; and this fell out unbappily :
For thus far bis project cook the Parliament was broken,and broken at the very time ukent
the Siibječti was in debate and confideration, how to have yielded Supply to His Majeſty.
Vol. II.
H2
I AF
1
.1
1
(1
52 An Impartial Collection of all the memorable Events
1 641.
1
But that he might break it , he falſly informs the King , That the Parliament had
denied to Supply him; there is his Counſel, that the Parliament had forſaken the King;
and now the King having tryed his peoplegmight uſe all other ways for the procuring and
raiſing of moneys ; and the ſame day wherein that Parliament was unhappily Disolved,
he gives his further Counſel to His Majesty,)which becauſe no man can post ſuch a Spirit
of Malice into the words beſides himſelf, í ſhall take the boldneſs to read ) That having
tryed the Affections of his people, he was looſe and abſolved from all Rules of Go-
vernment; and he was to do every thing that Power would admit. And that His Ma-
jeſty had tryed all ways, and was refuſed, and ſhould be acquitted both of God and Man.
And that His Majesty had an Army in Ireland, which he might employ to reduce this
Kingdom. It is added in the printed' Book ( to reduce them to Obedience ) I knom not
who Printed it, but the Charge is only (to reduce this Kingdom.)
And (My Lords) you may, pleaſe to conſider , what a ſad time this man took to re-
fleet upon theſe bad Councels, when our Hearts were fwoln with Sorrow for that unhappy
breach of the laſt parliament. And what doth he adviſe the King ? what poſitions of-
fers he? That he was abſolved from all Rules of Government. If there be no Rule of Go-
vernment, ( My Lords ) where is the Rule of Obedience ? 'for how fall the People know
to obey, then there is no Rule to dire&t them what to obey He tells the King he was re-
fufed, which was untrue ; for he was not refuſed to the laſt breath we had in Parliament :
but we.spake in that point, how to ſupply the King, and to prefer it at that time, before
the Complaints of our juſt Grievances.
But what doth he fall into? that which in another Article we charge him with, a Plot
and Conſpiracy betwixt him and Sir George Ratcliffe to bring in the Iriſh Army for our,
Confuſion, to root out our Laws and Government; a pernicious Counſel. He ſays not
you ſhall do it, but he that perſwades it, doth as much as if in expreſs terms he had
Counſelled the acting of it.. Doth be mean that we ſhould be to his Iriſh Pattern ; (for
Speaking of the Iriih Army conſiſting of Papifts and his Adherents, he ſaid, that he
would make it a Pattern for all the Kingdoms ; ) did he mean to reduce us to the Pat-
tern that he hath placed in Ireland ? Surely he meant to reduce us to a Chaos and Con-
fuſion, He would have us without all Rules of Government ; and theſe be the means,wick-
ed and cruel Councels, and the Cruelty of an Army inſpired with his Spirit, and con-
fisting of Papiſts, Enemies of our Religion: And what Mercy could we of this Religion
expect from Popiſh Enemies with Swords in their hands ? That cannot but ſtrike all Eng-
liſh. Hearts with Horrour and Dread, that an Iriſh Armyfhould be brought into Eng-
land to reduce the Subjects of England. I hope we never were ſo far gone in any thing,
as that we ſhould need an Arny to reduce us. I cannot but ſay here is the Counſel of
Haman, when he would in one day cụt off all the Jewiſh Nation, and have the King
intend a Favour to him. The King propounds a question, What ſhall be done to the
man whom the King will Honour ? Haman thought in his heart, Whom will the King
Honour but my ſelf? And ſo my Lord of Strafford having raiſed this Army, it ivas
ſet up by him, and if ſuch a Counſel, as this was entertained, into whoſe hands fiould it
be put ? (here were Haman's thoughts ) who ſhould have the Power of it, but he that
hath inſpired it, and ſince maintained it?
Truly ( My.Lords) it was a deſperate Counſel and methinks the Counſel of Achi-
tophel might have been compared to it : for when he had ſtirred up the Rebellion of Ab-
ſolom against his Father, he per ſwades Abſolom to that which might breed an irre-
concilable batred between them. Tét a Father and a Son might be reconciled. But he that
adheres to the Son in this caſe, might not ſo eaſily forgive. Therefore this Lord falls
scpon a Counſel which he thought would never be forgiven. A Cornfel of irreconcilable
differences.-o ſubdné us.by
Force and Power; and takes away all poſſibility of Addreſ-
ſing our Complaints to the King, as he had done from thoſe of Ireland"; "when he not only
foreſtalls their Complaints, but by a Proclamation takes order, that none ſhould come o-
Ver too, without his Licence; which was in effect, that none ſhould complain of his Op-
preſſion without his good liking.
Some violent Speeches he uſes, ſuitable to theſe Counſels, That no good would be done
upon the Aldermen, till they were hanged; That the French King employed Commiſſa-
ries to looke into mens
. Eſtates; which will be inſiſted upon in their proper place.
Next, he levied eight pence a day for maintenance of the Trained-Soldiers , againſt
the Will of the Country, which he ſaid was done by the conſent of the Lords of the great
Councel;
4
1
mone
L
IH
A
1
ed,
1:
i
cerning the Commiſſion for the North parts; where an Arbitrary Power was thereby grant-
from the Scotch Rebellion to the King's Murther.
53
Courcel; which we know is untrue. And we ſhall prove it imtrile in the other part, where 16-416.5
be ſays, it was done freely, by conſent of the Gentlemen of the Country : Aloft of
them that did conſent, were his own Friends and Papiſts. But the Petition of the Coun-
try, (as to that part of it that concerns a Parliament ) he reječted, becauſe he would
have no Parliament. And be prefers another in the name of the Country, and that he
calls, The Petition of the Country.
And now I ſhall apply my ſelf to the proofs; and ſhall take care to offer nothing, but
what will fall out to be proved. And fall first apply my ſelf to the firſt Article, con-
as is uſed in the Star-Chamber and Chancery.
In the opening of it, firſt we ſhall produce the Commiſſion of 8 Car. and that of 13
differs but little from it. We ſhallſlew that theſe Clasſes were procured by him to be
inſerted upon occaſion of a Gentlemans, Sir Thomas Gore being Fined in the Court of
Star-Chainber there, and his being Arreſted by a Warrant from my Lord Went-
worth hire in London. We do not go about to prove that he ſolicited for this Com-
miſſion, but that he expreſſed his deſire of it; and upon that it was granted.
We shall prove that it was executed in this high manner, that when. Prohibitions have
been taken out, he hath puniſhed the parties, fome he hath threatned; Nay, Money hath
been given to thoſe that were Defendants in the Prohibition. And we ſhall offer this too,
The Judge is dead.before whom it was; but upon occaſion of a Prohibition, he went to a
Judge, « Reverend and Fuft man, Mr. Fuſtice Hutton; what wis ſaid privately be-
tween them, .We cannot tell ; but we ſhall prove, that Mr. Juſtice Hutton complained
with Tears in his Eyes; how that Lord uſed him about a Prohibition : And ſo we fall
leave this Article with this. We ſhall not go about to prove Decrees, for which he
might have Colour ; but for theſe Clauſes hecould have no Colour , they never being
in any 'Commiſſion before.
Then the firſt Article of the Charge was read, to which the Reader,
for avoiding Repetition, is referred.
The Commiſſion granted 21 March, 8 Car. to act according to Courſe
of Star-Chamiber, was read, and they inſiſted upon the 19th Article,where
it was provided, Fines impoſed ſhould not be leſs than thoſe by Act of Par-
liament ; upon Article 23. for Injunctions to ſtay proceedings in any Court
at Common Law; Article 28. for the Power of the Serjeant at Arms to
åttach in any place in the Realm of England ; 29 Article
, That no Prohi
bitions ſhould lie in the Courts at Weſtminſter.
: To theſe folis Gower depoſed, That his Father was arreſted in Lon- John Gowita
don, appealed to the Council, pleaded the Precinęts of tle Coltri did not Ex-
tend ſo far; that the Earl fell on his Knees and bejought the King, That if
his Injtructions would not reach to bring in a Delinquent that ſhould ſtep over
the Water, he might leave the Service, and lay his Bones* in his own Cot- Evers Gorl.
tage. Evers Góre ſwore to the ſame effect.
John Muſgrave depoſed' à Prohibition in the Caſe of Muſgrave and Vaux, Johx Muſgrave.
which the Lord Preſident
ſaid he would not obey.
F. Thorp depoſed, That my Lord told him he was pine that oppoſed him,
F. Thorps
that he ſhould kereafter hear further from lim; That bis Lordjhip put him
out of the Commiſſion of the Peace, but he could not ſay he, puniſhed him for
the Prohibition; That he durft not move for any Probibitions, knowing well
the price of my Lord Strafford's diſpleaſure. That for ſaying in the Traverse
of an Indictment; That 'the bare Indietäient was n0 Evidence to the Petit
Fury, and that he appealed to the Judges; lie was ſent for by: a Purſevant,
and that my Lord told him, he would teach him to krot-there were other
men for him to complain to, .viz, the Preſident and Council. That for this opa
poſing the furiſdiction of the Court at York, ke was bound to the Behaviour
and forced ta make ſubmiſſion at the seſſions.
Then
1
7
2
.
54 An Impartial Collection of all the memorable Events
I 64 1.
Then
564
my Lord was called upon for his anſwer; he deſired a little time
to retire to reſt and peruſe his Notes; which the Managers oppoſed;
but the Lords allowed him to do it at the Barr.
After a little Reſpite he made his Defence, He ſaid there was a great
difference between Treaſons and Miſdemeanors ; that there was nothing in
this that can be Treaſon, and that if a Thouſand Miſdemeanors will not make
one Felony, 28 Miſdemeanors could not be heightned into Treaſon; That if his
Accuſations be not Treaſon, he ought to be admitted Councel; that he had no
leave to fummon a Witneſs till Friday laſt, which was a little ſevere, bow-
ever he anſwered,
That as to the Inſtructions and Commiſſion he did not procure them, or knew
any thing of them; that the Commiſion was renewed of courſe, Sir Arthur
Ingram going out, and Sir John Melton ſucceeding as Secretary. That the
the King's Councel of the Fee offer ſuch things as may advance the King's Ser-
vice, and that from them it paſſes to the Lord
Keeper or Chancellor ; That he
gave no Directions about it, nor was any proof offered that he did; as to the
Execution he never did Ait, nor ſtay a minute as Preſident after that com.
milion granted, which appears by the Date, which was 21 March, 8 Car.
and he went towards Ireland July following; and being neither privy to the
taking out the Commiſſion nor Execution, he appealed to their Lirdſhips and
the Gentlemen of the Houſe of Commons, Whether he could be Criminal;
That if there be an Error in a Fudge, ſo that lie gives a Sentence otherwiſe
than a man of better Underſtanding conceives Reaſon for, there is no cauſe it
ſhould be heightned to a Treaſon, to take from him his Life and Honor,mere-
ly becauſe he was no wiſer: That what Mr. John Gore speaks to is not in his
Charge. That to what Muſgrave depoſeth, he can ſay nothing but by way of
vination, that he is but a ſingle Witneſs, Speaks not to the charge ; ihat
what he ſayes will hardiy convince a man of a Treſpaſs
, it being Grounded
on a Rule in our Law, Boni Judicis eſt ampliare Juriſdictionem, as far as
in Reaſon and Juſtice they may. As to Thorp's Teſtimony which he ſpeaks
to, was before the Commiſſion, 8 & 13 Car. And ſo is not within the Charge.
This he proved, that from July 8. 1633. he was out of England, and re-
turned not till 1639. by Mr. Slingsby his Secretary, Mr. Railton,and Mr.
Slingsby, Rail-
ton and Little Tho. Little, but not upon Oath.
To this the Managers rejoyned, That whereas he ſaid the Charge is not
Treaſon, if the Fait appear. Satisfaction will in good time be given, That
though this particular is not Treaſon, yet all the parts of it amount ta
the fubverſion of the Laws of the Kingdom, that is preſt as Treaſon and this
as an Evidence.
Then they fell upon that Expreſſion in the charge Art. 2. that at a Pub-
lick Allīzes
he ſhould ſay, That ſome of the Juſtices were all for Law, and
nothing would pleaſe them but Law.; but they ſhould find that the King's lit-
flè finger ſhould be heavier than the Loins of the Law.
This they indeavoured to prove. Mr. William Long depoſed, That he
William Long, heard him fáy the words ; Sir Thomas Leyton depoſed the fame, and the
depoſition of Marmaduke Potter,deceaſed ſince his Examination, was read,
maduke Potter. being to the ſame words.
To this he anſwered, He could not poſſibly be guilty of the words as laid
in the charge, which ſayes it was Auguſt
, after the 21 March 8 Car. at
what time he was in Ireland ; but he would not ſtand upon Niceties, that
truth might appear ; that the words he ſpoke were, That the little finger of
the
'Witneſſes for
the Earl,
1
Wireles,
Sir Thomas
Leyton, Mar-
1
IN
T
5
1
1
I 6.4 1.
1
1
from the Scotch Rebellion to the King's Murtber.
55
the Law was heavier then the King's Loins ; which agrees with the cccaſion;
for Sir Thomas Leyton Sherriff Levying, with great rigor ſome Knight-
bood-Money, which was paid before, but by fome Error above ſent down a-
gain, upon which he deſired Sir Thomas to return the Money, and he would
jee biṁ diſcharged in the Exchequer, it being ſo great an Injuſtice to the
Perſons; and to ſatisfie the Country, he told them the Commiſſion was of
Grace and Favour, applying thoſe words before recited, that nont: of the Wit-
nelles took notice of the Occahon.
Dr. Duncomb being demanded what he knew, depoſed for the Earl, witteſſes,
That Sir Edward Stanliope told him in the preſence of divers, that my Lord Dr. Dancomb
had faid, That Speaking of the Prerogatire as eaſier then the common Law, Sir Williar
be heard him uſe the words before recited. But Sir William Pennyman Pennyman.
poſitively, averred it to be as my Lord had declared, at which the managers
took great Exception
ſaying, He did his duty well being «Member,not to inform
the Houſe before. The Earl deſired he might not be prejudiced for his Teſtia
mony, profelling he would put himſelf upon God's Mercy, and not make uſe of
any
member of either Houſe, though his principal Witneſſes were of them,
rather than be guilty of the Injustice of overthrowing another to ſave himſelf
,
Then Sir David Fowles was offered as a Witneſs, but my Lord excepted
againſt him, being then a Priſoner in the Fleet at my Lord's Suit. But
he was over-ruled, the Evidence being for the King: He depoſed poſitive-
ly, That he heard the words, but the occaſion he did not remember, but
being interrogated as to the occaſion a little after, he anſwered, That
before my Lord went to Ireland he made a Speech to the Countrey,and defired
them to go on in their Service, and to break out in theſe words; which as it
contradicted the former Evidence as to the Occaſion, ſo he contradicted
himſelf, ſaying but juſt before he could norwell remember the Occaſion.
Sir William Ingram depoſed the words, but could not remember the
Occaſion.
To this the Earl replied, That admitting the words Spoken, yet they were sit williams
not Treaſon, and referred that as a point of Law in due time to be argued ingram.
by his Councel ; and the Managers adding they had proved the Fact, the
Court adjourned.
This day they proceeded to the Third Article, That the Earl ſhould
Thurſday
ſay, That Ireland was a Conquered Kingdom, and the King might do with March 26.
them what he pleaſed; That the Charters of Dublin were nothing worth, and The Fourth
Day.
did bind the King no further than he pleaſed.
The Earl moved that he might add ſomething material to what was
ſpoken yeſterday; the Manager oppoſed it, as contrary to. Order. The
Earl ſaid it was a Court of Honour, and a Rule to it ſelf, alledging the dif-
advantage of ſuddain Anſwers; but it was denied him. Then he moved
the Witneſſes might not ſtand with the Committee, but apart as in other
Courts; which was alſo denied:
Robert Kennyday was produced, but the Earl objected againſt him as Robert Kenny.
a perſon Sentenced for Miſdemeanors in his Office of Remembrancer, day.
ſaying, It was his great Misfortune, that all that have ſuffered under the
King's Fuſtice in his Miniſtry, are ready to be Wirneſſes against hima: But
the Manager replied, If he was guilty of Extortion, yet not of Perjury. So
he was ſworn and depoſed poſitively, that he heard the words Sept: 30-
1633 Spoken at the Preſenting a New Mayor of Dublin.
The Earl of Cork was ſworn, againſt whom the Earl Excepted; iti re- Richard Eart
gard ofan Information againſt him, which under his hand and Seal he of Cork.
had confeſſed and acknowledged himſelf in the King's Mercy, for which
ho
T
1
?
1
!
!
lock
Sir Pierce
Crosbyo.
i
56 An Impartial Collection of all the memorable Events
1 6 4 I.
he might be ſuppoſed to be diſpleaſed at him for ſomething done in that
Cauſe. To this it was ſaid the reflection was unfit, the Earl of Cork being
a Privy-Councellor ; ſo he was admitted : He ſaid he came over with a
Reſolution not to complain, and left his Papers behind him, that he might
have no temptation to it, but depoſed poſitively the Words in the Charge.
The Lord Gorminstone allo depoſed that he heard the Earl ſpeak thoſe
Lord Gormino words at another time in open Parliament ; and that the Commiſſioners
who drew the Inſtructions for the Government of Ireland, were a Company of
narrow hearted Commiſſioners. The Lord Kilmallock depoſed the fame';
Lord Kilmalo Sir Pierce Crosby depoſed the ſame:
My Lord of Strafford after a quarter of an hours reſpite made his De-
fence, That he had obſerved the Natives of Ireland have not been Propi-
tious to their Governours; he inſtanced in Sir John Perrot, on their Teſti-
monies attainted of Treaſon in a legal Ordinary way, who loſt his Eſtate
though not his Life, and yet after it was confelt there was little truth in
the Accuſation. "My Lord Faulkland had the ſame treatment, being in-
formed againſt by the ſame Witneſſes, Sir Pierce Crosby, and Lord Mount-
Norris, and yet it appeared he had dealt as Honourably
, Fuſtly and Nobly
to his Underſtanding, as any man could do; That it was impoſible but in
the way of Juſtice a Governour muſt give Offence to many, which he intrea.
ted their Lordſhips to conſider. He ſaid, That though the words were
Spoken, yet were they not Treaſon; and had they been Treaſon, yet by Pro-
viſo of Stat. of Ed. 6. the Information ought to be within 30 dayes; He
initanced in the Lord Cook in Calvin's Caſe, 20 H. 6. 8. Dyer 360. to
prove that the Laws and Customs of Ireland are diverſe from the Lawes
of England; That he ſhould do Extreamly ill to the Honour of the Engliſh
Nation, and to the memory of divers of their Lordſhips Anceſtors,if he ſhould
not ſay and think that Ireland is a Conquered Nation. He initanced in
the Stat. 11 Eliz, where at the Attainder of Shan Oneal the famous Re-
bel, it is ſaid that all the Clergy were aſſembled in Armagh at the time
of the Conqueſt; That King Henry the Second is in the Statute called the
firſt Conqueror of Ireland; That all Hiſtories acknowledg it. That he
Spoke the Words to magnifie the King's Grace and Goodneſs, and that there
was then no offence taken at them. For the other words, That the
King
might do with them what he pleaſed, let them relate to the Conqueſt, and
there is no Offence in them. As to the words ſpoken to the Recorder of
Dublin, he did with the greateſt aflèvetarion utterly deny the ſpeaking of
them. Mr. Slings by his Secretary averred the ſame,and that the firſt words
were ſo well taken, that he was thereupon invited to the Mayor's Houſe
at a publique Entertainment.
To their Charters being
void, he ſaid, it was Evident they were ſo in
point
of Law, as be. was informed by the King's Council, for their Non-per.
formance of the Truſt repoſed in them, appealing to my Lord of Cork
that the reaſon of it was
, that most of the Aldermen were Recuſants
, and
would Plead their.Charters againſt the Orders of the Board, by which means
many
great diſorders were continued.
The Managers
. Urged, That this juſtified a part of the Charge, that
Charters were judged by the Board ; whereas the Council-Table hath no
ſuch-Power ; The Earl replyed, It was not to judg their validity, but whe-
ther ill Vſage and Extortion were.not. practiſed under colour of them, and
that they were complained of as grievances in Parliament, which the Lord
Dillon averred to be true. To which the Earl added, That he did it in
favour of the Proteſtants, who were by theſe Charters depreſſed by the Ro
1
Lord Dillon
.
т477-
$
i
I 04 1.
great
1
from the Scotch Rebellion to the King's Murtber. 57
mid-Catholicks, and that be looked upon this which was objected as .
Crime, as a ſervice to the Proteſtant Religion. He ſaid, it would perhaps
be well known hereafter when he was in his Grave, that his great fault was
bis zeal to bring them to conform to the Church of England. That
notwithſtanding this they ſtill enjüy their Charters: and for his
ſaying Ireland was a conquered Nation, it was upon the Occaſion of prejing
them to ſupply the Crown ; for that if the Kingdom of England ſculd
ſtill be put to the Charge and the whole Expence reſt on the
Conqueror, you might very well think you are ſo dealt with as never any other
Canquered Nation had been; adding, There were Copies of his Speech that
would juſtifie what he ſaid, and that the Speech was in Ireland. That
my
Lord Ormond told him it w:15 ill reſented, To which he anſwered,
Truly my Lord you are a conquer’d Nation, but you ſee how I ſpeak it and no
otherwiſe, The Lord Dillon averred, that he ſtood under the Cloth of Lord Ranu.
State,
but did not hear the words, •That they ſhould expest Laws as from a lagi.
Conqueror. The Lord Ranulagh remembred the firſt words but noť their
laſt. Sir George Wentworth faid, That he brought the Speech to the King,
and in that there was no ſuch word.
>
1
Sir George
Wentworth.
4
Lord Gormin.
The Managers then Urged, That though this was not in that Speech yet
Some thing was then ſpoken though in a milder ſence, but it was ſpoken after
upon Occaſion of a Petition delivered by the Commons, after they had given
the King the Subſidies, concerning their Laws.
To this Mr. Fitzgarret depoſed, That there was ſuch a Petition, and Fitzgarret.
that there was an anſwer given either at the Board or in full Parliament
from the Houſe of Lords, but he does not remember any part of it; but af-
terwards the Earl affirming it was at the Board and nor in Parliament,
he ſaid, he conceived there were two Petitions,oxe to the Council, another to
the Parliament, about redreſs of Grievances, but remembers not the Az-
ſwer. But the Lord Gorminſtone ſpoke poſitively then, That it was in
Parliament upon the Occaſion of that Petition, wherein as my Lord Straf- Rox.
ford obſerved, he contradicted himſelf, having before fixed it on the
Speech in the beginning of the Parliament, upon Petition of the Com-
mons deſiring the benefit of fome Graces his Majeſty liad been pleaſed
to confer on them. The Lord Killmallock depoſed it was in Parliament, Lord Killma!-
locks
3 or 4 dayes after the delivery of that Petition.
Then the Statute of 28 H. 6. King James's Inſtructions 1622, and a
Proclamation upon them were read, dated November 1. 1625. wlicreby
it was Ordered, That no private Cauſes ſhould come before the Board, lut
be referred to their proper
Courts.
Then the 4th Article was read, being concerning the Lord of Cork's be-
ing diſſeized of an Impropriation, and ſaying, That an Act of State Lord Rarulaghy
ſhould be as binding as an Act of Parliament. The Lord Ranulagh depo-
fed, That the caſes of the Church and Plantations were in the times of for-
mer Deputies, Reſolved at the Board, and that he never knew
any
other
Titles determined there : But the further Diſquiſition was put off till the
next day.
Upon Friday the Earl of Cork was Examined, and depoſed, That the
Lord Deputy preſented one Arthur Gwyn formerly Groom to the ſaid Earl of Earl of Cortes
Cork, to a Rectory of which le had been poljeſſed as Tenant to the Crown
35 Tears; that taking out Writs to arrejl Gwyn the Earl bad him recal
them, or he would clap him in the Caſtle, and that he would not have liis
Orders diſputed by Laiv nor Lawyers ; that he deſired Guryn being Poor he
VOL. II.
might
Friday Mar.26.
I
58 An Impartial Collection of all the memorable Events
1 6 4 1. I might give ſecurity, which the Earl ſaid was juſt, and that it ſbould be so
entred in his Order; but that Sir Paul Davis told bim that my Lord Strafford
found fault with it, and ſtruck it out with his own hand; that making a
Leaſe to an Incumbent contrary to an A&t of State, rbat no Leale ſhould be
longer then the Incumbent's Life, and being proſecuted for it, the Earl told
him an Ait of State ſhould be as binding as an Act of Parliament.
John Waldron, John Waldron depoſed the ſame in the Caſe of a Leaſe between the
Merchants of Galloway and ſome others. John Kay depoſed the ſame;
Lord Killmal.. the Lord Killmallock depoſed the ſame, and that Sir George Radcliff (my
lock, Sir Pierce
Crosby.
Lord Strafford's Eccho) an occaſion of throwing out aBill, making itsrelo-
ny to have Powder without licence, ſaid the ſame. Sir Pierce Crosby depo-
ſed the ſame.
Fohn Kay,
:
fence.
Lord Dillon.
tus.
.
To this the Earl anſwered, That the Council Board of Ireland was a
The Earl'sDe Court of Record, that it was ſo in favour of the Engliſh Protestants
, and
Clergy. This he proved by the Lord Dillon in the Lord Chicheſter's and
Lord Grandiſon's time, that the Acts of State were by the Judges reputed
as Laws of the Land
for the preſent, and proceeded by Arrest, Impriſonment
Sir Adam Lof-
and Fines upon contempt; which Sir Adam Loftus confirmed. “Then the
Order which my Lord of Cork mentioned was read, atteſted and ac-
knowledged to be Sir Paul Davis his hand, where it appeared the Clauſe
my Lord Cork ſaid was ſtruck out was ſtanding ſtill ; only my Lord Cork
was limited to proſecute within a Year. So what was objected about
Gwyn , he ſaid he was unknown to him, but produced a Certificate from
the Univerſity of Dublin, That he was a Master of Arts of 12 or 14 Tears.
Standing ; adding, That my Lord of Cork muſt be an Excellent Schollar,
under whom his Groom had ſo much profited. For the Words Spoken to the
Earl of Cork though he had ſo quick a memory as to ſwear them roundly as
laid in the charge to a ſyllable, yet they carry their own Contradi&tion, the
Order produced referring him to the Law; at the highest, if the words were
{poken they are but indiſcreet, and it was ſevere to be puniſhed for being
no wiſer than God Almighty had made him , that my Lord is but a ſingle
Witneſs, and he is not projecuted according to 1 E. 6. cap. 12. That the
other Witneſſes are Extrajudicial, proving words ſpoken in other places
and times then he is charged withal,and yet that the words may bear a fair
interpretation, for that the King being the Law.giver which be hoped none
would deny without the Crime of Treaſon, the King's ſentence is á Law in
matters not determined by Act of Parliament ; that Prerogative is a part
of the Fundamental Law, as well as the Property of the Subject ; That he
had alwayes wiſhed for an harmony between them, and that they might keep
in their wonted Channel
, if either of them riſe above their due heights, no-
thing could be expected but ſubverſion of the Common-wealth either by Ty-
ranny or Relellion ; That prerogative was like the Firſt,liberty of the ſubject,
like the 2d Table either both or neither can be preſerved, That Prerogative
as long as it goes not againſt the Law of the Land, is the Law of the Land,
and binding, being made to prevent a temporary miſchief before an Act of
Parliament can give Remedy. He excepted againſt the Lord Killmallock's
ſwearing Sir George Ratcliff to be his Eccho,it being impoſſible to fivear his
thouglts
.
Againſt Mr. Hoy and Sir Pierce Crosby as perſons concerned
againſt him, in point of Intereſt and to :Mr. Waldron's,That the circumſtance
qualifies the Words, it being according to a Statute directing that Leaſes
ſhould not be made without reſerving the Moiety of the yearly value.
I
+
After
1
1
Roger Lotes
The 6th day.
Artic: 5
from the Scotch Rebellion to the King's Murther. 59
After which the Manager replyed, That this Article proved the Earl of| 1 6 4 1.
Strafford's intention to ſubvert th: Government, that whereas he faies they
are not proſecuted in time, the Effects continue to this day, and they proſe-
cute him Flagrante Crimine, that threatning the Earl of Cork, was
Arbitrary Government, that he hath made it a habit to speake ſach wards, as
appears by the ſeveral times, that he himſelf had confejjed the words, that
when things are rejected in Parliament, they are not to be ſupplied by an Att
of State. Then they deſired to Examin another witneſs, which the Earl
excepting againſt, as not regular, the Lords adjourned to their Houſe Wieners
.
to conſider of it, and returning he was admitted, and depoſed concerning
the Bill for Powder without Licence, to Felony, the Earl told them,
He would make it an A&t of State, and that ſhould be as Good. To which
the Earl replied, It was done by Cominand, and for reaſons of State, not fit
to be made publick, to keep Powder out of unſafe hands, but did not conduce
to his acquittal or Condemnation.
Upon Saturday March 27. they proceeded to the Sentencing the Lord Saturday,
Mountnorris at a Council of War, thereby Exerciſing a Tyrannical Power March 27
over a Peer of the Realm of Ireland &c.
Firit the Sentence was read reciting the King's Letter, which com-
manded a Council of War to ſit upon the Lord Mountnorris being a Cap-
tain, for inciting Kevenge againſt the Lord Deputy-General of his Ma-
jeſties Army.
The Lord Mountnorris depoſed, That he was called to a Council of War, Lord Moint-
charged to have ſpoken words to this purpoſe, That being told a Kinl- norris Witneſs.
man of his had hurt the Lord-Deputies Foot having the Gout, he ſhould
ſay, Perhaps it was done in Revenge of that publick affront that my Lord
Deputy did me formerly, but I have a Brother that would not have taken
fach a Revenge, that he was required inſtantly to confeſs,or deny the Charge,
that he deſired time to anſwer, but was denied, as alſo to produce witneſſes,
to diſprove the Lord Moor and Sir Robert Loftus, who upon Oath had affir-
med it, that thereupon in half an Hour Sentence was Pronounced againſt him
by Sir Charles Coot Provoſt Marſhal. That the Lord-Deputy in Scorn told
him, That he might proceed to Execution, but he would supplicate his
. Ma-
jeſtie for his Life, and rather loſe his Hand then he ſhould loſe his Head;
that he was committed to Priſon December the 12th and bailed out the 18th,
the Phyſítians making Oath he was in danger of his life, the High oppreſſion
and Injuſtice having thrown him into a deſperate ſickneſs,committed againApr.
the I Ith,let out May the 2d by reaſon of Sickneſs ; recommitted the 30thof
January following becauſe he had not ſued out his Pardon, and there conti-
nued till March 1637.
The Lord Dillon depoſed much to the fame effect, only he ſaid
my
Lord gave no Vote in the Sentence: The Lord Ranulagh alſo depoſed to Lord Ranja
the fame effect, and that, during the Debate the Lord-Deputy Spake not a lagh,
word,or gave them interruption. The Earl of Cork depoſed, That when the Earl of Cork.
Sentence was read in the Star-Chamber, my Lord-Deputy ſaid he would not
loſe his ſhare in the honour of it; Lord Dillon teſtified the ſame, and that
my
Lord ſaid it was a Noble and Fuft Sentence,
Then the Managers proceeded to the proving his Execution of Mar- will. Caſtigată
tial-Law apon another perſon, and William Caſtigatt depoſed,That one
Thomas Denewit was hanged upon the bough of a Tree, as was ſaid,for a quar-
ter of Beef, but knows not whether by a Fury, and he takes it
Vol II.
Strafford
1
11
Lord Dillon.
my Lord
ΙΣ
N
1
1
I
60
Tlic Earl of
Strafford's
Defencc.
:
An Impartial Collection of all the memorable Events
I 641. Strafford was preſent. Lord Dillon teſtified the fame, and that it was for
ſtealing Beef, and running from his Colours. The Earl Ranulagh depo-
ſed the
fame, and that the Lord Conway offered Reaſons why he should not
die for the Fact ; his running away being occaſioned by his Lieutenant's bid-
ding him, defiring to be diſcharged, go and be hanged, which he did, leaving
his Masket with the Corporal. The Lord Conway ſaid he remembred ſome
Juch thing, but imperfectly.
The Earl anſwered, That the Lord Deputies have ever Exerciſed Mar-
tial Law upon the March of the Armies as well in time of Peace as War.
That the Lord Mountnorris was condemned for Breach of two of theſe
Lord wilmot. Articles, wherein he was not Fudge, le produced the Lord Willmot, who
affirmed, That he himſelf being General, the Lords Faulkland, Grandi-
ſon and Chicheſter uſed it ; That in 3 or 4 Parliaments it was never com-
plained of; That to govern an Army without it is impoſſible, occaſions riſe on
a ſaddain in an Army, and for Example fake muſt be ſuddainly redreſed;
That there were Provoſt Martials in every Province. From whence the
Lord Dillon, Earl inferred, he had done nothing de Novo. The Lord Dillon affirm-
ed, That Martial Law had been practiſed, and men hanged by it in times
of Peace; as to Mountnorris his Sentence, he offered a Letter to Secretary
Cook, to ſhow that he was a Suitor to the King for him, but it was not per-
mitted to be read. Sir Robert Farrer teſtified, that my Lord Strafford
ſaid, he would give no Fudgment concerning the Lord Mountnorris, and that
he ſate bare in token that he was no Fudge ; That he deſired the Court not to
look upon him, but go to the Cauſe. Sir George Wentworth averred the
ſame, and that my Lord would not permit him to give his Vote in regard
he was his Kinſman; That what was done was by the Council of War, and
that before they met he did not acquaint them with the buſineſs; That his
deſign was only to diſcipline the Lord Mountnorris, and teach him to go
vern bis Speech with more modesty. To Denwitt
he confeſſed and juſtified it
from receſity,the Army being then upon march to Carliſle, and if not puniſh-
ed, it would have been of dangerous Example, that the Facts were proved,
That he had before been burnt in the hand, that the Laid juſtifies him in it
producing ſeveral Statutes of Ireland 20 H. 6. c 19. ?H.7. CI.10
H. 7. which make running from the Colours Felony, and are in force in
Ireland:
Sir Robert
Farter.
1
The Managers Urged, That the Statutes were againſt him, for that Fe-
lony is to be Tryed at Common-Law,and ſo intended by thoſe Statutes. Then
the Earl of Ely was ſworn, who depoſed, That Martial Law was in uſe in
the Kingdom of Ireland, and was two-fold, Summary and Plenary ; the
firſt for Rebels and Kerns that kept the Wood; the other in the time of War,
in the Field, which ended when the Army ivas disſolved; that the uſe of it
was rare in regard of the damage to the King, the party condemned loſing
only life, not Goods and Eſtate. To my Lord's ſaying the Nobility lost
their blood in the Conqueſt of Irelaud; They ſaid, This way their own
blood may be ſpent in the Peace of Ireland aud of. England too.
Upon Monday they proceed to the 6th Article of putting the Lord
Mountnorris out of Pofleffion of 200 l. per annum, upon a paper Petition
of one Rolſtone. The Decree was read, and Lord Mountnorris depoſed,
Lord Mouns. That he was put out by my Lord's Warrant Auguſt 29. 1637. Mr. Anſlow
Mr. Anjlow. depoſed the ſame.
Monday,
March 29.
7th Day,
Article 6.
4
TO
t
1
The Earls
Lord Dillon)
from the Scotch Rebellion to the King's Murther. 61
To this the Earl Anſwered, That his greateſt grief was, that the Ar-li I 6
4 I.
row came out of the Quiver of the Houſe of Commons, that in his
grey
hairs he ſhould be miſunderſtood by the Companions of his Touth ; if the
Defence.
Decree were just, he hoped it would go far in the Caſe ; Fuſtice knowing no
priviledge of Peers above common perſons; that it was warranted by the
Statute.of H. 6. which ſaves the King's Prerogative, as alſo by his Commiſ-
fion, which authorized him to proceed ſecundùm conſuetudinem terræ,
which was read: That it was agreeable to the practiſe of former Deputies
who Exerciſed it in the nature of a Court of Requeſt s.
This he proved by Robert Dillon, in the Lords Cork, Ely, Faulkland, Robert Dillon.
Grandiſon and Chicheſter's, times of Government, by Orders he had ſeen
under their hands; The Lord Dillon confirming it; and that he had ſeen
Several Petitions under the Lord-Deputies hands alone : That ise never
knew my Lord Strafford meddle with matters of Law; with Equity he
hath, which the Earl confeſſed. He further ſhewed the neceſſity of the
procedure by Petitions, the Iriſh being Poor, the perſon that came a-
gainit the Lord Mountnorris was in forma pauperis; he produced ſeveral
Warrants and Orders of former Deputies to that purpoſe, one from the
Lord of Cork, and particularly in the Lord Mountnorris his Cafe,as ap-
peared by the Decrec read, it was for the relief of a poor man whom
my Lord Mountnorris had oppreſſed and violently poſſeft himſelf of
Lands to the value of 200 l per annum;that the Lord Mountnorris was kept
in priſon for contempt at the King's Suit in Star-Chamber, and not for re-
fuſing to ſue out his Pardon, which he proved by Mr. Slingsby, and Sir
Adam Loftus, and had he not had ſo ſhort warning ſaid he could produce
the Orders of the Caſtle Chamber to make it Evident; which the Lord
"Dillon alſo teſtified, concluding, That having authority from the King, fol-
lowing the Rules and Practice of former Governors , relieving the Poor,
who cannot follow a legal Proceſs, not intrenching upon the other Courts, he
hoped could never riſe up in Fudgment against him as Treaſon either in it ſelf
or by application.
To this Mr. Glyn Replied, That he would not acknowledg a cumulative Manager re-
plies,
Treaſon, but muſt have Treaſon over Shoes over Boots; that being charged
with Exorbitances deſtructive of Law,he takes Shelter under the King's Pre-
rogative, which was tocaſt a Scandal upon it before all that Aſſembly; That
his Letters Patents riſe up in Judgment againſt him for betraying that Truſt
the King had repoſed in himad Cuſtodiendum leges Regni,the Orders he pro-
duces come not up to the point, thata Deputy alone hath determined Matters
of Poffeffios.
Then Witneſſes were Examined as to former Deputies, the Earl of
Cork, Lord Ranulagh, Sir Adam Loftus,Lord Mountsorris, and Earl of Bath,
who all depoſed,they knew no Deputy determine in matters of Land in Equi-
ty or other wiſe, but ſome times in Matters of Debt for relief of poor meni To
Henry Dillon's Teſtimony they replied, He had been ſentenced at the Coun-
cil Board for Speaking untruths, and produced his acknowledgment teſti-
fied by Sir Adam Loftus ard Lord Dillon; That in the Lord Mountnorris's
Caſe he would not grant his Pardon though directed by the King's Letter till
he acknowledged his Sentence to be just. To this Mr. Anſlow depoſed the
King's Reference, That his Majeſtie is pleaſed, that upor ſuch fubmiſſion as the
Lord Deputy ſhall approve of, he ſhall have his Liberty to come into England,
the Lord Deputy to take Notice hereof, and Order therein accordingly; That
the Lady Mountnorris preſenting her Petition accordingly upon her knees,
was rejected by the Lord Deputy.
Then
ܪ
1
*
. .
The Earl's De
fepce.
Mr. Strode.
March 30
62 An Impartial Collection of all the memorable Events
I 6 4 1.
Then an Order was produced and depoſed, by William Brettergh, That
the Earl of Strafford ordered the Pollejion in a Suit, inter Robert Park-
hurſt and the Lord Baltinglaſs, and others, againſt tbe ſaid Lord.
To this, being new matter, the Earl replied, That Parkhurſt had a
Clear Title to the Eſtate by Fine and Recovery and diverſe Conveyances ;
That the Lord Baltinglaſs deſired him to ſee if he could procure him a further
Summ of Money from Parkhurſt
, and that it was. Ordered with their conſent
for the Juriſdi&tion; if he had the Lord Faulkland's Books of Entries,
he could make it appear, that he had alone
granted Warrants for attachment
againſt Body and Goods, for Diftrelles, to Sherriffs for Pofeſion of Lands and
Injunctions to Judges at Aflizes. To the deportment of the Lady Mount-
norris, a Witneſs affirmed, That the Earl told her when ſhe delivered it
on her knees, That ſhe had done him ſo great an injury,that to have broke his
head would have pleaſed him better. My Lord Dillon affirmed that he
deſired her to riſe, and handed her to her Coach, but received not the Pea
rition, acquainting her, that he was going abroad.
The Manager faid, The greateſt Tyranny was the Earl of Strafford's
keeping him in Priſon till he ſhould confeſs the: Sentence juſt, which in his
heart he abborred and held unjuſt.
My Lord then deſired their Lordſhips to conſider his diſability, and
how little time was allotted him, for every days defence; upon which the
Court was adjourned.
The 7th Article was for the preſent paſſed by, and part of the 8th,
Tueſday,
they inſiſting only upon the latter part of it about the Lady Hibbots
Land, of which he had diſpoſſeſſed her, and purchaſed it to his own uſe
in the name of Sir Robert Meredith.
To this Fohn Hoy was offered as a Witneſs, but the Earl objected a-
gainſt him as ſwearing for himſelf, he having Inheritance in the Lands.
Notwithſtanding he was admitted and depoled, That the Lady Hibbots
contracted with Thomas Hibbots for the Reverſion of certain Lands for
1600 1. but Sir Robert Meredith offering the ſaid Thomas Hibbots
2250 1. he flew off from his Contract; but afterwards for 2500 he per-
felted the Bargain, and paſſed all the Eſtate that was in himſelf; but ha-
ving a Son, the Ladies Councel informed her, a Recovery was neceſſary;
which Hibbots would not ſtay to perfect, upon which Hoy ſerved him with
a Subpoena ; That immediately the ſaid Thomas procured a Petition to the
Lord-Deputy; to which the Lady and Hoy had time to anſwer till Thurf.
day ; but spon a miſtake in the Anfier, my Lord called for the Conſtable
of the Caſtle, and commanded a Warrant for the Commitment,of the Council
,
who fell on his
knees and obtained
forgiveneſs ; that defiring Hibbots might
be Examined upon Oath, and they would be bound by it, and his Lordſhip
granted a Warrant for it, and be was almoſt Examined when
my
Deputy came to the Board and ſaid, Here is a buſineſs proſecuted with vio-
leuće by my Lady Hibbots, and an Order procured for the Examination : of
the Plaintif, but he would have it damned; That after a Decree was
made for Reaſſurance, and the Estate was purchaſed for the Lord-Deputy in
Sir Robert Meridith's name, that be paid 70001. to the ſaid Sir Robert,
who told him he took it with one hand, and carried it to the Caſtle with
the otlier.
Thomas Hiblots was Examined, who depaſed much to the fame
Effect.
The
Artic. 8.
Foba Hog.
Lord-
Too. Hibbois,
63
from the Scotch Rebellion to the King's Murther.
The Lord Mountnorris and the Earl of Cork depoſed, That there were
niore Votes at the Board for the Lady Hibbots, then against her:
1 641.
The Earl'sDe.
fence,
1
10
HI
b
To this the Earl anſwered, That the Major part was for the Decree, ap-
pears, becauſe there was the Order Jigned by the Clerk of the Council a ſworn
Officer, who could not draw it up without the plurality of Voices, being
againſt the practice of the Board. To prove which, he produced the
Examination of the Lord Primate, who declared that to be the Practice,
and that he hath not known the Earl to preſs any Member of the Board com-
trary to his Opinion ; That he hath heard him profeſs he had but a ſingle
Voice; Which the Lord Dillon alſo confirmed, and from the conttant
Practice ſayes, he believes it was a Vote of the Major part ; nor remembers
my Lord urged any Member to Vore,and that in a Cale of the Lord Rand-
lagh, he would not hare the caſting Vote,but referred it to an abſent Counſel-
lor,who voting againſt the Lord Deputy,the Order was drawn up fo. Sir Phi-
lip Manwaring laid in effect the ſame. For the threatning to Impriſon the
Lady, it is Cuſtomary here in Chancery to thoſe who will not perform Or.
ders, and without it there will be no Obedience.' To Hoy's Depoſicion, He
is interested and expects a Benefit. Mr. Hybbot a weak Old man ſayes back-
ward and forward, but there being a Complaint before the Lords, he referred
himſelf to the time he muſt anſwer it; and as for Sir Robert Meredith and
Sir Philip Pierceval's ſaying they were not intereſted in the Purchaſe, Hoy
and Fitzgarret Speak only by hearſay ; but when Sir Philip Picrceval is
Examined, it would be found otherwiſe, he having never ſpoken to him in all
his life about that buſineſs.
The Managers concluded, That notwithſtanding what my Lord had
ſaid, they had proved his Exerciſing Arbitrary Power over the Eſtates of
his Majeſties Subjects; and though my Lord's Pulſe is ſtill beating, that
this is no Treaſon, yet it is an Article to prove the General Charge of Sulu
verting the Laws.
They next proceeded to the Ninth Article, concerning his giving Com- Artic. g.
million to the Biſhop of Down and Connor, for attaching all ſuch perſons
tas contemned the Ecclefiaftical Ordinances, and preſent them to the Council-
Board.
· Mr. Glyn urged it as a thing would fully prove the Charge. The
Warrant was read as followeth.
14
By the Lord Deputy.
to the Biſhop
of Down and
.
1
Oraſmuch as We have been informed by the Right Reverend Father in God The Warrant
Fehre
the Lord Biſhop of Downe and Conner, that the moſt frequent Offences a-
gainſt God, and the greateſt Contempts againſt the Eccleſiaſtical Juriſdiction, comport
are Committed by the meaner and poorer fort of People in that Dioceſs;
whoſe faults, for the moſt part, eſcape unpuniſhed, by reaſon the Writ de Ex-
communicato Capiendo, is ſo long before it can be ſued forth, and executed on
them, that they remove to other parts, and cannot be found; or if they be
taken, their Poverty is ſuch, that they cannot ſatisfie the Sheriff, and other Of-
ficers Fees, due for taking them on that Writ, whereby the Officers become
negligent, and backward of doing their Duties. We therefore defiring the
ſuppreſſion of Sin, and Reformation of Manners, have thought fit to ſtrength-
en the Eceleſiaſtical Authority of the ſaid Right Reverend Father in God, the
Lord Biſhop of Downe and Conner, with our Secular Power, and do therefore
hereby give Power and Authority to the ſaid Lord Biſhop, his Chancellor or
Chancellors,
L
94
1
64 An Impartial Colle&tion of all the memorable Events
I 6 4 I.
i
1
Chancellors, by their ſeveral Officers by them to be appointed, to Arreſt and
Attach the Bodies of all ſuch of the meaner and poorer fort, that after Citati-
on, ſhall refuſe to appear before them, or appearing, fhall omit or deny to per-
form and undergo all Lawful Decrees, Sentences and Orders, iſſued, impoſed,
and given out againſt them, and them To Arreſted to Commmit, and keep in the
next Goal, till they ſhall perform fuch Sentences, or put in ſufficient Bond, to
ſhew fome reaſons before the Council-Table of ſuch their Contempts, &c.
willing all Juſtices of the Peace, 6c, in that Dioceſs, to be Aiding, e-c. as
they, c. Given, &c. Febr. 16. 1636.
Tho. Little.
1
Sir James
Montgomery.
The Earl's De
fence,
1
Law;
This Mr. Glyn ſaid was a great Invaſion upon the Liberty of the Sub-
jeet.
Sir James Mountgomery depoſed, That the Warrant was Éxecuted with
great Cruelty, 20, 30 Names in a Warrant; the Officers beating, wounding
and impriſoning them.
The Earl anſwered, Firſt this was the uſual Praktice, but not ſatisfied
with it, he bad refuſed it, and this was the only Warrant, and that hearing
it complained of, he recalled it. To this the Examination of the Lord
Primate 7. Interrog. agreed, the B. of Meath having ſuch a Warrant for
either the Lord Grandifon or Chicheſter. Mr. Little alſo atteſted, That
this Warrant was drawn after an Original Warrant of the Lord Falklana's;
that it was the onely Warrant my Lord granted. The Lord Dillon alſo
confirmed the Practice. He further requeſted their Lordſhips to conſider
the impoſſibility of having Witneſſes in the Iriſh Affairs upon ſo mort warn-
ing as Friday iras Seven-night; That following Preſidents, if they milead
him, he hopes it is no Treaſon to miſtake the Law; otherwiſe there would be
more Aétions of Treaſon than Treſpaſs in Weſtminſter-Hall.
Mr. Glyn rejoyned, That my Lord Confeſſes what he did to be above
that though this be but a ſingle Aft, yet compared with other Exor-
bitant proceedings, it is a ſtrong Evidence to prove his Subverting of the
Laws.
Upon Wedneſday the Commons proceeded to the Tenth Article of the
Charge, That he had not only Exerciſed a Tyrannical and Arbitrary Go-
vernment over the Lives, Liberties and Eſtates of the Subjects, but had
abuſed the Crown, by applying to his private Uſe the Publique Revenue to
the great diſadvantage of His Majesty. Mr. Maynard ſtated the Cafe.
K'ing James Leaſed the Cuſtoms at 6000 l, per annum, and half the
clear Profits above the Rent, and 1400 l. to the L. Carliſle for Cuſtoms of
Wines, the half clear Profits amounted to 3,700 l. per annum; in the 7th of
Car. a ſecond Leaſe was made to the Dutcheſs of Bucks, for 110501. So at
view there is 1350 1. advance ; but then the E. of Carliſle's Leafé of 14001.
was taken in, and the ſurpluſage of the Wine-Cuſtoms being communibus
annis 3000 l. per annum, ſo that out of the 11050 l. per annum, there is
an abatement of 4500 l. per annum, inſtead of an advance of 1350 1.
per
annum, beſides that in the Earl's Leaſe the Customs of London-Derry,
Colerane,Knockfergus and Strangford, reſerved in the Duke's Leaſe are
defalked, valued at 1500 l. per annum, and all Forfeitures, as alſo an al-
lowance of Cuſtom for Prize Goods, and in the Grant a Clauſe, That this
Grant ſhall bold whether it be Repealed by Act of Parliament or not. That
the
1
Wednesday,
March 31.
Artic. IO.
+
:
::
:
1
from the Scotch Rebellion to the Kings Murther. 65
the Book of Rates was increaſed; ſo that whereas the Cuſtoms idere valued: 1.6 4 1.
at 12000 l. per annum, they were advanced to 40 or 60000 l. per an-
num.
All the Leaſes being read, the Witneſſes were depoſed; The Lord LordRanulagh.
Ranu!agh ſaid, That being a Partner in the Lord Faulkland's time, the firs
pluſage above the 6coo I. w.1s 3700 1.
Sir James Hay depoſed the ſurpluſage above the 1400 l. of the Earl of
Carliſle's Rent was 2387 l. 15 s. 9 d.
Sir James Hay.
Robert Goodwin depoſed, That the Cuſtoms of London-Derry, Sc. amoun- Robert Good-
ted from the Year 1634, to 1639,40 1079 1. 6 s. Id. and of London-win.
Derry in the ſame time, viz. 5 Tears, to 5348 1. It s. 10d. Henry Henry Brand.
Brand depoſed the ſame.
To the increaſe of Cuſtoms Folin Welſh depoſed, That out of the Ex- Joba orelho
chequer Book he took theſe Accounts,
In the Tear 1636 they came to 39936 1.
37-
38889
38mm
57380
39
-55582
The Lord Ranulagh depoſed much to the fame effect. Welſh further
depoſed the price of Hides 50 l. per Laſt, being 3 s. 4 s. fome 5 s. few
above. Wooll 3 s. 4.5. 5 s. 8 s. 9 s. that the higheſt. From whence
Mr. Maynard obſerved a Hide of 5. s. rated at 2 s; Wooll at 9 s. rated
at 13 s. 4. d. in the Book of Rates, and to pay Cuſtom accordingly.
Patrick Allen depoſed rates of Hides 4 s. 4 s. 6 d. 5 s. and 6 s. Wooll
4 s. 6 s. 7 s. 8 s. the higheſt 11 s.
Patrick Allen.
0
The Earl deſired the Article might be read, and then it would appear The Earlsbe
fence.
how pertinently the time was ſpent in proving it; which he read, and added
with fubmiſſion, There was nothing in it that by any Law could be brought
to ? reaſon, and that he was to anſwer to, and nothing elſe. That what the
King lost by the Duke of Bucks, affe£ts not him ; That the Book of Rates was
raijed in the 7th of Car, which was befare Þis Leaſe, and was done by the
King's Officers; what he is charged withjºis 9 Car. whereas the Book of
Rates was made in the Lord Portland's time. Whether the Rates were reaa
Sonable or not, was not to be charged to him as a Crime, much leſs a Treaſon.
That Tonnage and Poundage is the King's Inheritance in Ireland, by is H.
4. That nothing is taken but by that Book. And if the Merchants were
to ſet the Rates, the-Customs would be little. That he came not in to the
Farm upon his own Suit, but was commanded to do the King Service; and
if it prove a bargain of advantage, he never knew the making a good bargain
turned upon a man as Treaſon. .
To this the Lord Cottington. Examined, affirmed, That the Earl was
brought in: as Partner with Sir Arthur Ingram and others by the Lord
Treaſurer Portland.
Sir Arthur Ingram affirmed to the fame Effect, That a Letter was
writ from the King, who was informed the Rates were too low, and a new
Book of Rates ſent over, and that though he had then a 1 part of the
Farm, yet he propoſed it to the Council Board, and by the Whole Board
the ſaid Book was diſadviſed; which the Lord Dillon affirmed to be true:
Mr. Maynard replyed,That though this or that was not Treaſon yet the whole Mandgers re-
tended to ſubvert the Liberties & properties of the Subjects,& the Fundamental ply:
VOL. I.
1.
3
"
K
Laws,
r
1
i
Artic. 12.
To prove
I
2 Proclamati-
ons concerning
Tobacco by
the Earl of
Strafford.
66 An Impartial Collection of all the memorable Events
1641. Laws, and that was Treaſon. That it was a hard Caſe for the Subjects of
Ireland to have a Governour take a Bargain which all others refuſed, who
mult in Appeals of Oppreſſion be both Fudge and Party; As for the Letter,
it was the Opinion of the Board, and to be attributed to them, and it is to
be wondred be ſubmitted to it, and did not rather take them down. That it
appears,if Depoſitions be true that he and his Partners have gained 300000).
and that here is not only an inhauncement of Rates on the Subject by way of
Extortion, but this is ſoaked out of the King's Purſe.
The Committee for the preſent waved the Eleventh Article, and
pro
ceeded to the Twelfth, concerning his Monopolizing Tobacco, whereby be
made 100000 l. profit to himſelf
, impoſing Sealing upon Tobacco, and pu-
niſhing the Refuſers by Fines, Pillory, Priſon and
hipping.
the Reſtraint and Sealing, two Proclamations were read,
which were as followeth.
By the Lord-Deputy and Council.
A Proclamation concerning the Importing of TOBACCO.
By which Proclamation, is ſet forth in Subſtance as followeth,
Hat whereas unfound Tobacco is brought in,&c. by the Unlimited
Liberty of divers to Import,&c. and being no Uſual Commodity,&c.
a ſtrié Charge is given, That none preſume from the Firſt of May
next,
to Import any Tobacco without Special Licence from Us, on pain of incur-
ring His Majeſtie's high Diſpleaſure, and the Puniſhments due for ſuch con-
tempts.
The Proclamation concerning Sealing of Tobacco was next Read, the
234. of Feb. 13 Car.
By the Deputy and Council
.
Wherein,
He former Proclamation is Recited: And, to prevent Secret Wayes
of Importation, a Charge is given from the last of May next,no Tobacco
be put to Whole-Sale, unleſs it be in compleat Rolls, which may be con-
veniently Seald, and to be sold with two Seals
, ane to be affixed at each
end, which Seal, order is taken to be provided for that purpoſe. That what
Tobacco ſhall be found without thoſe Seals; the King's Officers may ſearch
for, and ſeize, and convey to the next Port, which courſe ſhall be taken that
every Seizor ſhall have 6 d. for every Pound, as an Encouragement; and,
that the Officers ſhall commit the Perſons of ſuch in whoſe hands ſuch To-
bacco ſhall be found, till Security ſhall be given to appear before the Deputy
and Council, and not to depart without Leave,&c.
To prove the Reſtraint, Timothy Crosby depoſed, That ſeveral Ships
were prohibited to land Tobacco; That the John of Kingſale being not ſuf-
fered to unlade at Lymerick becauſe not of the Magazine, was caſt
away going to another Port ; That before the Reſtraint Tobacco was at 6 d.
7.d. other times 14 d. 16 d. the Pound on Shipboard, and ſince fome at
9d.
1
T
witneſſes
Tim. Crosby.
1
ur
67
4 I.
?'
I
li
1
from the Scotch Rebellion to the King's Murther.
9 d. Jome 6 d. that the Ships were not ſuffered to land unleſs they paid 2 s. 'I 6
the pound, 18 d. Cuſtom, 6 d. Impoſt.
Patrick Allen depoſed, That a Ship not ſuffered to land at Youghall, Patrick Allen.
was forced to go to St. Maloes in France, that before the Proclamation he
bought Tobacco at 6 d. and 7 do a pound; ſince they pay 2 s. 2 s. 4.d: 2 $.
8 d. 3 s. That the Patentees pay the Merchant 6 d. or 7.d. a pound.
John Welſh depoſed to the fame Effect, and that Ireland conſumes
500 Tun of Tobacco per annum, which at 2 s. 6 d. per pound, 140000
per pound, 140000 l. Jobu welbs.
As to Sentencing, he ſaw Patrick Wells, Merchant, and Richard Whit-
wick Stand 03 the Pillory for ſelling unſealed Tobacco, and had heard of
more; That he thinks the Book of Cenſures made in the Caſtle-Chamber,
was ſent into England; which Patrick Gough faid the ſame, but the Patrick Gough.
Book was not offered in Evidence; but he hath heard of divers Sentenced,
60 at a time committed for unſealed Tobacco ; 3 of Waterford, one ſentenced
to Fine 100l. and loſe his Place of Waiter ; the other 100 l. and the
Merchant 100, but reduced to 20 l. a piece; That they were Fined at the
Board, and he thinks my Lord Strafford was preſent.
Then the Sixth Article of the Remonſtrance was read, to prove that the
value is more than all the King's Revenue certain and uncertain in Ireland.
After ſome little reſpite the Earl made his Defence, That he hopes The Earl's De.
he hath little to anſwer for as I reaſon, and wiſbeth he had ſo much fence.
Profit to anſwer for as is pretended. Then he produced a Petition of the
Commons Houſe; atteited for a true Copy by Mr. Gybſon, wherein they
deſired this Leaſe of the Impoſt of Tobacco might be taken in and compounded
fov, and converted to the King's benefit;fo that it was on their own Petition
ſettled as a Revenue of the Crown. Which was atteſted by Mr. Slingsby a
Member of that Houſe. Then he ſhewed the Grant of 13 Fac. where the
Impoſt of Tobacco was let at 10 l. per annum, at 18 d. per pound Impoſt
to William Maſam and John Pitt for 7. Years. Then he offered a Leaſe
8. Feb. 19 fac. to Mr. Lyne for 21 Years at 201, per annum, which was
admitted. Next the King's Letter 18 July, 12 Car. for ſettling the buſz-
neſs, which w.zs his warrant; for the Proclamation requiring him, with the
Advice of the Council, to ſettle the preemption by what Limitations and Con
ditions be ſhould think fit, and to direct a Courſe for the Licenſing the Sale
thereof, to the beſt improvement; yet ſo as to take care to prevent the bring-
ing in Unfound Tobacco. Then he offered the Contract of Carpenter,
Bartholomew, Peatly and others for 1 1 Tears at 5poo l. the firſt 5 Years,
and 10000 1.the Six laſt; freed from Cuſtom, and paying only 3 d. Impoft
.
In which he did nothing but with the aſſiſtance of the Council there ; That
there was an Ait of Parliament in agitation to ſettle it in the Crown; That
he always judged a Proclamation Lawful till a Parliament confirms it. As
to the Puniſhments, they were for Perjury, and in terrorem ; and where it
is obječted, That it is not fold at Reaſonable Rates, the Contraktors are to
Juſtifie themſelves, and he doubts not but they can. That to the valt profit of
100000 l. it is admirable, for at his coming away. the Contractors were
6000 l. out of purſe ; and for his gains by the Cuſtoms he dealt freely,they were
about
4; 5 or 6000 l. per annum better then the Rent, which he thinks is
not conſiderable in the Charge of Treaſon. He told their Lordſhips that he
could not give a particular account, the Ministers had been so dealt with:-
al, laid in priſon and abuſed, if you will
speak of a Tyrannical and Arbitrary
way of Government ; At which Expreſſion exceptions were taken, but he
explained it of Ireland, not of things here ; for which he produeed two
Vol If.
Orders
}
1
1
K 2
1
78 An Impartial Collection of all the memorable Events
I 6 4 1. Orders for the ſeizure of his Goods, concluding, it was at worſt but a
Monopoly, and that he never heard was judged Treaſon.
1
Article 13
i
wortby.
Managers Re-
To which Mr. Maynard replied, That this was no good ſervice to His
ply.
Majesty, that when the Commons ball deſire (omething may be done,
therefore any thing may be done ; and that it was never their Intention to put
ſuch Cruelties upon the Subject ; that his Majeſties Letter was upon miſin-
formation, that if it had been ſo, a Monopoly ſet up in England could not
justifie the ſetting up one in Ireland;that his Crime was the greater by endea-
vouring to justifie it under a name ſo Sacred as his Majeſtie's ;That thougha
Proclamation hath à Temporary Power, yet not to take away the Goods of
the Subject.
This Day the 13th Article was read, wherein the Earl of Strafford
Thurſday.
was Charged with putting the Natives of Ireland upon working of Flax in
April 1.
a way unknown to them, and
ſeizing their Goods upon pretence of their diſon
beying his Orders to his own vſe, whereby Thouſands were undone. To prove
this, his Proclamations were read, as alſo a Warrant to one Benjamin
Çroky and his Deputy, to ſeize all Tarn mado contrary to Proclamation.
Witneſſes,
Benjamin Croky.
To this Benjamin Croky ſworn, depoſed, That he did ſeize Tarn, and
Sir John Clot.
it was taken from him by one Joſeph Carpenter, who converted it to my
Lord's Looms.
Sir John Clotworthy depoſed, That he ſaw the Proclamation and War-
rant being a Juſtice of Peace, and Examined ſeveral People who were abu-
ſed; which Examinations be ſent to the Lord-Deputy, for which he was ſe.
verely threatned, and hardly Eſcaped being ſent for by a Serjeant at Arms :
that upon theſe Proclamations the Markets
were deſerted; and they ſold it
privately to avoid ſeizare; thereupon the Officers came to him for aſſiſtance,
and threatned the Conſtables, and broke open Cheſts, that he took away the
Tarn from them, and reſtored it to the Proprietors; That this made
great
Diſorders, and many people were ſtarved ; loſing all they had provided for
their half Tears Rent,
The Lord Ranulagh depoſed, That at Athlone Complaints were made
to him of one Dennis who had ſeized a great quantity of Tarn; that concei-
ving it an abuſe, he ſent a Gentleman to inform the Lord Deputy, to whoſe
Intention he thought this proceeding not agreeable; and that my Lord with-
drew the Warrants.
Then part of the Remonſtrance of the Commons in Ireland was read,
fhewing, That the Purhivants by ſeizing the Tarn deſtroyed the Market
that the Merchants meeting the People at private Houſes
, they way-layd
them and took away their Tarn and Cloth, ſeizing on all
, not leaving the
poor people ſo much as to cover their nakedneſs ; That they took away their
Iron Pots upon a pretence of another Proclamation, and by this cruelty ex-
ceeding Pharoah, their poor Children were forced to eat Graſs with the
Beafts, where they lay down and died by Thoafands
, as will be proved by
20 Thouſand; That the Fudges procured the Lord Lieutenant to Recall the
aforeſaid Proclamations.
Mr.Fitegarret. Mr. Fitzgarret depoſed, That Tarn and Cloth were the ſtaple Commodi.
ties of Ulſter, that the Proclamation and Execution of it impoveriſhed that
whole Province, That the Officers uſed extreme cruelty, and that one Dr.
Cook told him he thought in his Conſcience many Thouſands were Famiſhed:
The Eari'sDe. To this the Earl anſwered, Here was ſomething like oppreſion but nothing
like Treaſon; That the Intention of theſe Proclamations was the Improve-
1
1
.
1
T'
I
.
.
fence.
ment
+
1
1
.
1
+
1
79
I 641
F
hiul
Managers re-
ply
from the Scotch Rebellion to the King's Murther.
ment of the Manufacture for the good of the Kingdom, and to take away a-
buſes. That however the Proclamations are not his ſingle acts but of the
Deputy and Council; That he conceives they had Power to bring them to
the Engliſh Cuſtoms, as in other caſes of drawing by the Horſe tails;
burning the straw to get out the Corn, and ſuch Iriſh Cuſtoms. That his
principal dehgn was to prevent the prejudice of the Woollen Manufact ure
of England, the Wool of Ireland increaſing; and he thought, to ſet up
the Linnen Trade would advance Ireland, and not prejudice the clothing
Trade of England. That he loſt 3000 ´1. by attempting it ; that he
cannot be accountable for the abuſes of the Officers , of whom Croky
was the chief , now a Witneſs againſt him, as mj Lord Ranulagh las
informedtheir Lordſhips. That be cannot conceive ſo many Thouſands
should be ſtarved by his Looms, when the whole yearly value came not to
above 16 or 1700 l. He is ſorry for that Remonſtrance of the
Commons, thinking, he had merited a better opinion from that Kingdom,
and having a little fortune there honeſtly got, could not but wiſh
well to it; and he hoped when miſinformations were cleared, still to re-
gain their good efieem, where to the beſt of his Conſcience he had done Fu-
ſtice and deſerved well.' That Mr. Fitzgarret speaks by Report, which is
no proof, and the Commons Remonſtrance being but a Charge, and not upon
Oath, he conceives cannot be the proof of a Charge, concluding as he
began, That there might be oppreſſion in the Execution, but nothing of
Treaſon in himſelf or the reſt of the Council.
Mr. Maynard replyed, That he was ſtill ſtriking the ſame ſtring, no
Treaſon, though a high and wilful overthrow of the fundamental Rules of
Juſtice in the Kingdom was evident, that a good intention is no excuſe to
the taking away mens Goods and applying them to his own Vſe; that the good
Company be ſpeaks of, is only to ſay, he is not the only perſon that deſerves
puniſhment, and he is the leſs innocent for miſguiding and drawing others in-
to ſuch Actions. That he that Commands is more guilty then he that Exe-
He ſayes, it was recalled after two years; this was the Effect of
the tumults and this, ſo that it seems he could go no further, and to be left
off. That its likely the Commons Remonſtrance went upon good information,
and that all he ſaid did not amount to an Excuſe, having no command as in
the Caſe of the Tobacco.
Mr. Glyn added; That my Lord confeſling be loſt 3000 l. convinces the
point he denyes, which was, that it was not to advance Trade but for his
ownprofit, though it proved not fo; which the Earl Explained, that be made
Cloth 6 or 7 years, and the Cloth it ſelf, not the Tarn, was worth 1700 1.
per annum;
for the Tarn was not worth 400 l. and in that time he might
very well loſe 3000 1.
The 14 Article was for the preſent laid aſide, and they proceeded to Article is.
the 15th, His labouring to ſubvert the Establiſhed Laws, and introduce
an Arbitrary and Tyrannical Power ; paſſing by the firſt part, Mr Pal-
mer who managed the Evidence, inliſted upon the 2d part, of laying
Souldiers by Warrant upon Offenders ; which warrant was given to one Šavil
a Serjeant at Arms.
Mr. Savil being ſworn produced a copy of the Warrant ; againſt
which the Earl excepted, ſaying, The Original ought to be produced, his Mr. Savile,
Life and Honour depending upon his Trial; and that it were Treaſon,
Savile Swears to juſtifie kimſelf, he being the Perſon that executed this
Treaſon.
Mr.
4
cutes.
1
Witneſs,
1
w
1
.
1
.
1
.
•
70 An Impartial Collection of all the memorable Events
1 6 41.
Mr. Maynard faid, That if in a Letter one command Treaſon, if the
Letter be burnt, the Treaſon cannot be proved, if the Original muſt only
prove it. The Lord Clare demanded of Savil, How they came by the
Copy ; He anſwered, He knew not but that one William Somer, Secretary
to the Lord Ranulagh had a copy of it, to which he fet his hand, in order
to ſave a Soldier who had taken two PewterDiſhes, and was like to ſuffer,
unleſs he had a copy of the Warrant ; and that this was a true Copy. Upon
which the Houſe of Lords adjourned, and at their return, adjudged it
should not be read in regard it was not attested. So they proceeded to
prove the effects of the Warrant. To which Savil Depoſed,That by virtue
of this Warrant Soldiers ibere laid upon delinquents, who diſobey orders,
abfcond, or are reſcued from the Purſevants ; That the soldiers go with
Arms, and have Meat and Drink from the Partie.they lie on. That he had
laid Soldiers upon one Francis Ditton, one Conolly and Luke Borne, who
could not be brought in by any other means. That his warrant was general,
the Soldiers foot, the number left to his diſcretion, that my Lord never
(pake to him about complaints made of him ; that the Secretaries would de-
mand why he did not put the Warrant in execution, he ſaid they were poor
men, but it never came to my Lord's hands that he knoivs, the greateſt
Patrick Gough. I number laid was 5, and an Officer, Patrick Gaugh, depoſed he had ſeen the
Warrant Signed Wentworth on the top, and a Seal to it; that the Exe-
cution was a conſtant Courſe for contempt, that the Soldiers were info-
lent, that lying upon-one Bern, they took other mens Cattel, Burut part of
his Houſe, Told his Corn to buy Beer, but there was no ſuch liberty given by
the. Warrant.
Rich. Welſh.
Richard Weiſh depoſed to the ſame effect, of Soldiers laid upon one
Francis Dillon.
Patrick clear. Patrick Clear depoſed, That Soldiers were laid upon one Agnes White
being 80 years old; but upon affidavit of diſability to appear, after a
Month taken off.
Nich. Ardagbo
Nicholas Ardagh depoſed to the fame effect, for debt upon a Paper-
Petition.
Edmond Bern confirmed the Inſolence of the Soldiers, that he was
forced
to flie into Holland, and loſt 500 l. by this means.
Rob. Kenedy.
Robert Kennedy depoſed the ſame as to Bern, but that my Lordwas
to England,that he did not ſee the Warrant, but wondred at the Courſeşit has
ving never been done fo before the Lord Strafford's time.
Mr. Little atteſted for the Earl that He never made any warrant to
Pigot or to Savil, nor entred them in his Book, or ever ſaw Such Warrant
or Eutrie.
The Lord Ranulagh depoſed, That he had heard ſomething of it upon
complaint of one Davis,that by combination of the Serjeant and his Adverſary,
he had Soldiers laid upon him, which he told the ſaid Lord Ranulagh,was by a
Warrant Dormant from the Lord-Deputy Wansford. That formerly it had
been uſed to lay Soldiers on the relievers of Rebels
, and for non-payment of
Contribution-money, but not in a Civil way between Party and Party, and
ироп
the Earl's motion, he confeſſed that as a Captain he levied the Rent due to
the Exchequer, for bis Pay by his Soldiers, as had been Cuſtomary. That
in King Jame's time 1628. the Gentlemen of Ireland got leave of the King,
that for non-payment of Rents or contribution, Soldiers might lie upon the
defaulters.
Mr. Palmer concluded, That this was an A&t of Hoftility by 25 Ed.
3. levying War againſt our Sovereign Lord the King within His Realm; and
by
1
Edmond Bern.
1
gone
Robert Little.
Lord Rani
lagb.
1
a
1
1
t
mm
from the Scotch Rebellion to the King's Murther.
71
by the 18 H.6.cap. 3. made at Dublin, in which are theſe words, An Act &c. 1 6 4 1.
It is agreed and Eſtabliſhed, That no Lord or any other of what condition
ſoever he be,ſhall bring or lead from henceforthHoblers,Kern,or Hooded-men,
neither Engliſh Rebels, nor Iriſh Enemies, nor any other people, nor Horſe
to lye on Horſeback, or Foot to lye on the King's People'; but on their
own coſt , without conſent. And if any do ſo, he shall be adjudged as a
Traitor.
The Earl's De-
He fence.
4
After a little time to peruſe his Notes, the Earl made his Defence.
deſired their Lordſhips to remember his Witneſſes were to come ont of Ire-
land, That his time had been fo ſhort, that he could have none but ſuch as came
accidentally. That the Cuſtoms of Ireland differ from thoſe of England ; that
it had been the Ordinary practice of the Deputy and Council, before his time
to allefs Soldiers not only on the party, but his kndred without levyingWar. Lord Dillon.
That theſe were ordinary Fellows ; and to ſhew what was meant by Re-
bels in Ireland the Lord Dillon Examined,atteſted,That ſuch as having com-
mitted Felony or ſome unjuſtifiable Act, and withdraw into the Woods, if
upon Proclamation they come not in,are reputed Rebels and Traitors,
Sir Arthur Tyrringham averred, That the practice was ſuch in the Lord
Faulkland's time, and that ſuch as come not in upon Proclamation, are re- Foba Conlej.
puted Rebels.
Folin Conley atteſted, That in the Lords Faulkland, Grandiſon and Chi-
cheſter's times, the King's Rents were collected by Horſe-men, who Heary Dillonā
laid upon them till they were paid.
Henry Dillon affirmed, That in my Lord of Cork’s,and Lord of Ely's
time he had Warrants from them and the Council to gather money by Tyrringham's
"laying Soldiers till it was paid.
Sir Arthur Fyrringham averred, That by Warſant from the Lord
Faulkland he had laid Soldiers upon a Debtor, till the Debt was paid Lord Rania
but does not know whether it was the King's Debt.
Lord Ranulagh atteſted that it was the practice of the Lord of Cork and
Ely to give Acquittances out of the Exchequer to Captains, who if
the money was not paid, aſſeſſed Soldiers on the defaulters.
Then the Earl offered to prove, That it was the deſire of the Gentry
themſelves it might be ſo in the Lord Faulkland's time ; but it was by Mr.
Palmer agreed him ; from whence my Lord inferred, That it diſabled
the firſt part of the Killing Charge, That he ſhould Traiterouſly and wicka
edly deviſe to ſubdue the Subjects of that Realm by levying Money on
them.
lagb
[
1
The Earl then deſired the ad Article of the Lord Faulkland's Inſtructiu
ons might be read, which was in hæc perba.
For the Collecting of our Rents in caſes of default, that, I. a ſummoning
Proceſs fall Ifue. 2. The Purſivant ſent. 3. If this be not fufficient (in
caſe the ſame be not levyed) then our Vice-Treaſurer by Warrant of our De-
puty and Council. ſhall appoint a competent number of Soldiers of the next
Garriſon to be aiding to colle&t tủe Rents at the charge of the Parties com-
plained of ; having care that no man be burdened with a greater number of
Soldiers than the Service ſhall neceſarily require.
At Mr. Palmer's deſire the firſt Article was read, viz, At the humble Re-
queſt of Our Subje&ts, We are graciouſly pleaſed to direct for the better
preſervation and eaſe of Our Subjects,the Soldiers ſhall be called in &c. and
from
+
+
'92
I 6 4 I.
Savil:
Dillon.
An Impartial Colle&tion of all the memorable Events
from what had been proved the Earl inferred, That it could not be High-
Treaſon for the King's Service, to follow the l'ing's direction, and the con-
stant practiſe of his Predeceſſors ; that be brought not the Cuſtom in, but
found it there; and that by Proclamation under the hands of the whole Cousi-
cil it pas done for the Eaſe of the Countrey.
To the Teſtimony of Berne and Kenedy of the abuſe of the Soldiers
I. he was not then in Ireland, 2. he denies ke ever gave Pigot ſuch a
Warrant and there is no proof of it. That Pigot's threatning Clear
with a Warrant is no argument
, men often threaten moſt when they have
leaſt to ſhew. Kennedy Sayes, he never ſaw the Warrant, Savil's War.
rant is not produced, that this great and mighty War on the King and his
Subjects, is one of the pooreſt Wars in Chriſtendome ; for laſt Summer one
Sayes
, heiknew Soldiers laid on one man,that it was never complained of all
the time he was in Ireland ; that the Warrant was to procure obedience to
all the King's Courts, and to ſecure the King's Right. He deſired Savil
might be demanded, whether the Warrant granted him was not agreeable
to former Precedents ? who affirmed his Predeceſſor told him he bad receiv-
ed ſuch aWarrant from the Lord Faulkland to Seſs Soldiers on the Land of
Sir Thomas Fitzgerrard.
Henry Dillon atteſted, that the Serjeant at Arms was an Officer as well
to the Exchequer as Chancery, and the laſt proceſs is Attachment by the
Serjeant as well between man and man, as for the King.
Here Mr. Palmer ſpeaking ſomething which my Lord looked upon
as an Interruption: he deſired no haſty words might be fmiſinterpreted, he
Speaking for his Life, and Family, and that the Gentlemen would do well
not to put him out of his way, but let him Speak thoſe few poor things be
can for himſelf.
He then added, that ſome wayes he is more qualified then an ordinary
Perſon, having the Honour to be his Majeſtie's Deputy; that by his com-
miſſion be ;was to govern according to the Customs of the Realm, and this
was Cuſtomary by all the former Governours; that had it been Levying
War, there is a Statute To H. 6. C17. Enačting, That there ſhall be no
War, or Peace in the Land, without the Deputie's Licence; but all War or
Peace to be made by the Lieutenant for the time being.
And as to the Stat. 18'H.6.c.3. That no Lord or other ſhall charge the
King's Subječts,&c. 1. He hath heard it ſaid that the King cannot be con-
cluded in any Statute unleſs he be particularly named, and conſequently not
his Chief Governour. 2. He ſhall not lead or bring ; He hathdoné nei-
ther, the Serjeant did it thougls under his Warrant. 3. It ſpeaks of bring-
ing Engliſh Rebels, or Iriſh Enemies,&c. But ſuch are not the King's sol
diers ſent to apprehend refraétory Perſons, and for the King's Honour and
Service. 4. Praltice is the beſt interpreter of Laws, and notwithſtanding
,
this Statute, the Governours have alwayes alelled Soldiers. That it would
be a hard caſe, that ſuch an Old Law ſhould be ſtarted contrary to Praktice,
to deſtroy him and his Poſterity, but he believes he ſhall prove that Statute
Repealed; Firſt, By the 8 Ed. 4. C. 1. which Enàčts, That from the Sixth
of March thien next, all Acts made within the Kingdom of England, ſhall
be in force in Ireland from the faid time. This tlierefore ratifies the Sta-
tute of 25 Ed. 3. which is the Statute of Treaſon, cind the Statute of 1 H.4.
which ſayes nothing ſhall be Treaſon but what is within the Statute of 25 of
Ed. 3. which repeals the i8 of H. 6. Secondly, - By the 10 H. 7. c. 29.
whereby all the Statutes made in England before that time are made
Laws in Ireland, and all Laws contrary to theſe Laws are repealed,
but
1
!
:
.
.
1
1 641.
A
A
1
k
*
1
11
I
from the Scotch Rebellion to the King's Murther. 73
but the Law urged is against 25 Ed. 3. & 1 H. 4. and conſequently re-
pealed.
Next he produced a Statute of 11 Eliz. c. 7. for taking away Captains
Ships, and that none of the Great Men fall make War or Peace,&c. Sefs
nor lead the People, without the Great Seal or Warrant from the Lord Di-
puty; ſo that here is a power in the Deputy to aſſeſs, &c. without being a
Traytor.
That to the Clauſe of 25 Ed. 3. if any max levy War againſt the King
in his Realm, or adhere to his Enemies;&c. be appeals to their Lordſhips as
in their own Caſe, whether 2 or 3 poor Soldiers ſent to bring an Offender
liable to the King's Faſtice, can by any conſtruction be levying War against
the King and his. People; or rather for the Honoxi and Authority and fi-
flice of the King, and not adhering to his Enemies ; but this point of Law
he deſired to refer to his Council to urge for him with more advantage than
he could himſelf being out of his profeſion.
To this Mr. Palmer replyed, That there can be no Cuſtom or legal uſage, ply.
Managers ré-
contrary to an Act of Parliament that thoſe uſages were by conſent,but this of
my Lord's againſt it; thoſe for the King's Debts and by conſent, theſe not
so; that the Proclamation his Lordſhip mentions was an Offence in it ſelf,
and Treaſon is no juſtification of Treaſon, that for Bern's caſe if my Lord
was in England yet if dure by bis Warrant it was the ſame thing. To the
Plea of the Deputies Power, a Deputy in caſe of Rebellion may make a. De-
fenſive War, but this was in a time of Peace, and on the King's People un-
der bis Laws and Proteétion; his Plea, that becauſe the King unleſs named
is not concluded in any Statute,is to apply Soveraignty to himſelf, and that a
Subject ſhould not be comprehended more than the King himſelf; as to the Re-
peal of 18 H.6. the introducing of our Laws was not to Repeal theirs,būt to
make a Conſiſtance of both Laws ſo far as they both may ſtand together, but
this being matter of Law,he leaves to thoſe who are to give ſatisfa&tion to
their Lordſhips hereafter. That the Statute 11 Eliz. does not at all juſt i-
fie the Earl, that being made for Defence against: 'Rebels, not as the
Charge was for things done in full Peace. : That the 2 Clauſes of 25 E.
3. are to be conſidered ſeparately, for a man may levy War and not adhere
to the King's Enemies. And ſo he concluded that they had proved the
Charge.
Upon the Earl's Motion, not without ſome difficulty,a day was grant-
ed for his refreſhment; and indeed it was no more then reaſonable after
ſuch Expence of ſpirits in making and ſpeaking his Defence, againſt-ſo
many reputed the ableſt men in England.
Upon Saturday the 16th Article was read, concerning his procuring Saturday ;
from the King an Order, That no complaints ſhould be received in England, Articipio:
unleſs Addreſs were firſt made to the Deputy. Mr. Palmer managed the
Charge, and firſt the Propoſitions concerning the Government of Ire-
land offered to his Majeſty were read, and the Order upon them, That
no particular complaint of Justice or Oppreſion be admitted here againſt any
unleſs it appear the party firſt made his Addreſs tº the Deputy.” Then a
Proclamation importing, That all the Nobility undertakers and others that
hold Eſtates and Offices in Irelarid, ſuch only excepted as are imployed in his
Majeſties
ſervice in England, ſhould perſonally
reſide in Ireland, and not to de-
part to England or any other place without Licence from the Lord Deputy,
any former Letter to the contrary notwithſtanding &c, ſo that all complaints
were prevented, and reſtrained from coming over into England:
Vol. II.
Το
+
1
1
1
L
1
t
។
!
)
។
!
74
1 64 1.
Witners
Richard rade,
1
Lorky.
L. Roche..
James Nah.
'.
; HII
I
HI
Henry Party.
}
An Impartial Collection of all the memorable Events
To this Richard Wade depoſed.on Oath, That my Lord Eſmond ſent
him Auguſt 1638. to Petition for Licence to go over to make an end of the
Cauſe, wherein
my
Lord Strafford' was Plaintiff, but was denyed; that ihe
Lord Elmond procured the King's Letter, but could not yet get Licence.
Lorky depoſed the ſame: The Lord Roche depoſed, That he was denied
Licence, intending to come over to juſtifie himſelf againſt an Information in
the Star-Chamber.
James Naſh depoſed, That in the Caſe of Mac-Carty, my Lord after ob-
taining two diſmillions of the Suit, Decreed for Sir James Craig 5496 1.
againſt Mac-Carty, and on this Decree an order to diſpofleſs him of all
his Fathers Eſtate; That Mac Carty Petitioned for Licence to come into
England, but was denied both by the Lord Deputy and Sir Chriſtopher
Wainsford.
Henry. Parry depoſed...That his Lord and Maſter the Lord Chancellor
Ely being committed to the Caſtle of Dublin, the Earl ſent for him and com-
manded him to attend the Judges to be Examined about ſome Papers ſeized;
that he attended 6. dayes, but his Lord having occafion to make uſe of his
Friends intereſt, ſent him over into England to Sollicit His Majeſty for
Relief, that here he was attached by Mr. Secretary Cook's Warrant; that
he entred into Bond before he could be diſcharged of the Meſſenger to return
into Ireland ; That after his Return, he was Fined sool. and ordered to ac-
knowledg his Offence at the Board; and that he was impriſoned and utterly
ruined; that his Fine was reduced to 250 1. that he paid 1841.
Sir Robert Smith depoſed, That having a Command from the Houſe of
Commons in Ireland to come over hither, he was denyed Licence, and a Rea
ſtraint was laid upon Shipping upon that account. Mr. Fitzgarret depoſed
to the ſame Effect.
Then the Iriſh Remonſtrance was read, importing the Fears they had
of the Proclamation, prohibiting their coming to England to obtain Re-
dreſs of their Grievances from His Majeſty.
!
1
Sir Robert
Smitb.
Fitz-Garret.
L
The Earl's
Defence.
After ſome Recollection, the Earl made his Defence, That he might
very juſtifiably ſay,that he had never in his life any thoughts or intentions be-
fore bis going into Ireland, or during his abode there, but Juftly and Faith-
fully to ſerve His Majeſty and the Kingdom ; That as to the Order obtained
from His Majeſty, the Reaſon annexed, which was read, would juſtifie it,
importing, That it was not only a: Juſtice to the Deputy, but to the Go-
vernment it ſelf
, to prevent Clamors and unjuſt complaints, and that they
might be redreſled nearer home and no way to hinder any man's juſt complaint.
That for the Proclamation, that it was warranted by the Laws of Ireland,
25 H:6 cap.9. 26 H.6. c.2
. whereby Subjects are reſtrained from "going
out of the Land upon forfeiture of their Eftates, without Licence from the
Kingorbis Deputy ; Fhát by an Article preferred by the Iriſh Agents 1628.
His Majeſty was Petitioned to: drzerthe Refidence of Undertakers, at leaſt
balf the Tear; upoz’ivhich His Majeſty anſwered in theſe words.
I Ž the Nobility, Undertakers and others, who hold Estates and
Olices within that Kingdan, are
' to make their perſonal Reſidence
bere, and not to leave it without Licence, ſuch perſons
. Excepted
only as are imployed in Our Serpice in England, or attend bere by. Our com-
mand; ?
Purſuant to which my Lord Faulkland's Inſtruction were in that par-
ticular verbatim the ſame, being read. Then he produced his Majettie's
Letter
1
1
!
A
--1
1
1
F
A
25
from the Scotch Rebellion to the King's Murther.
Letter commarding the Proclamation fan. 20. 1634. which was read,
and was in theſe words.
16.41
}
1
7,
Lord Dcputy
#
1
C. R.
To the Lord Deputy of Ireland.
W
HERE AS amongst other things in the Graces vouchſafed to Our His Majefijes
Subjects, 1628. We hgnified Our Pleaſure, That the Nobility, Un- Lord
dertakers, and Others, holding Eſtates in Ireland, ſhould be reſident Jarl.20. 1634.
there, and not to depart without Licence : And being now given to under-
ſtand, That notwithſtanding thoſe Directions, divers perſons (not of the mea-
ner fort) take liberty to paſs into this Kingdom,or Foreign Parts, as if they
underſtood not what they owed to us in their Duty, or themſelves in their
evil Carriage, which preſumption we may not long Juffer,&c. We do there-
fore hereby Will and Require you, by Act of State, or Proclamation, to make
known Our Pleaſure, That all Nobility, Undertakers, ard others, that hold
Eſtates and offices, (ſuch perſons only excepted, as be imployed here,&c.) do
hereafter make their perſonal Reſidence, and not depart for England,or other
place, without privity of Our Deputy, any former Letters to the contrary not-
withſtanding.
And becauſe We reſolve to have this courſe conſtantly obſerved, (if you fall
have notice of any contemner of this Command) Our Will and Pleaſure is,
That you proceed againſt them in an exemplary way to deterr others; And
for ſo doing, this ſhall be your Warrant.
HI.
M
1
il
$
From whence he inferred, That this being required by the Law of the
Land, by the Requeſt of the Iriſh, according to the Lord Faulkland's former
Inſtructions, and juſtified by the King's Letter, he truſted it would not appear
to their Lordſhips ſo great a Crime as at firſt it might
ſeem. That the Council
concurred to the Proclamation, that there was great reaſon of State for it,
in regard O Neal and Tir Connel having Regiments of the moſt ancient Iriſh
Septs in the Service of the King of Spain, if every one might withdraw at
pleaſure, without giving an account, it would open all the Power and Means
to diſtemper that State, and be feared it would produce ſad Events in that
Kingdom.
And here I cannot but admire the Prophetick Wiſdom of this Great
Man and States man, ſo ſoon juſtified by the Event, when upon this Li-
berty procured by the Engliſh Parliament, in ſo few months after his
Death, that Horrid Rebellion and Maſſacre broke out, which produced
the moſt deplorable Events in the World.
But to proceed, he ſhewed further, That this Reſtraint was to preverit
the going over of the Nobility and Gentry to be Educated at Doway and
St. Omers, and was for the Intereſt of the Proteſtant Religion.
As to my Lord of Eſmond which appeared to be ſo foul a buſineſs, he was
Stayed as being Major General of the Army, and could not be ſpared; but he
was miſtaken if ſhortly after he did not give him Licence; and whereas my
Lord of Elmond was ſaid to have no Commiſſion to Examine Witneſſes,
ſome Evidence accidentally appearing, his Lordſhip took notice of God's
Providence and Goodneſs to aſſiſt him; and for this purpoſe Mr. Riley
Vol. II.
L 2
was
I
.
1
The Sentence
againſt Mr.
PAYTY
W
i
76 An Impartial Collection of all the memorable Events
1 6 41.. was Examined, whio Depoſed, That my Lord of Eſmond and Sir Pierce
Crosby had a Commiſſion to Examine Witneſſes in the Caſe between them
and the Earl of Strafford. Mr. Ralton attelted the fame.
He further added, That the Lord Eſmond was ſtayed on a Complaint of
Sir Walſingham Cook's, concerning a Practice againſt Sir Walſingham's
Life. For the Lord Roche, he was informed againſt in.the Star-Chamber,
which he was willing to forget for that Gentleman's Honor, the Complaint
being of that Nature, that he was not willing to preſs it.
Ås to Mac Carty, the Decree' was made by a Letter from His Majeſty,
on a notable fraud of the Father in the Caſe of Sir James Craig; and the
Reſtraining Toung Mac Carty, was to prevent his going to Doway or St.
Omers ; and that he that ſwears it, is Solicitor in the Caſe, and unfit for a
Witneſs.
As to Mr. Parry, the Reaſon appeared in the Sentence, which atteſted
by Mr. Gibſon, was Read as followeth.
7 Hereas Henry Parry, one of them who attended the Lord Chan-
cellor, as his Lordſhip's Regiſter-keeper, or Clerk for private Judi-
catures, and Keeper of the Books of theſe Private Proceedings, was
Commanded to attend the Board to be Examined ; And whereas in Contempt
thereof, be not onely neglected to attend accordingly, but departed this
Kingdom, which being repreſented to His Majeſty, it pleaſed His Majeſty to
require his return hither to attend this Board ; To which end a Bond was
taken for his Appearance here the next Council-day, after the 12th of Aug.
And whereas he was preſent himſelf at this Boardgth of October, 1638,but
offered no Petition; as if he diſdained ſo far to humble himſelf to this Au-
thority; whereupon it being made known to him, That it became him, in the
Duty he owed to the Dignity of this Board, to come by Petition, as all other
Men: but he forbearing to exbibit his Petition, till he was called by uus
the Deputie to do it ; and then when he exhibited it, he therein mifrecited
his Offence; alleadging it to be for his repairing to England without Licence;
whereas his Offence was, The diſobeying the Orders of this :Board. Second-
ly, He laid a Tax on William Ralton Efq; Alleadging, That on pretence
of Direction from Secretary, Cooke, he took his Bond for Appearance bere,
whereas he knew it was not by any feigned dire&tion, but by appointment of
Secretary Cooke,by His Majeſtie's Direction. Thirdly, Inſtead of hum-
bling himſelf, he deſired Cancelling of his Bond, and Diſmiſſion from atten-
dance ; and the rather, becauſe he conceived he had not in any degree tranf-
grelled the Proclamation; cautelouſly alledging that to be his Offence, which
was not laid to his Charge. And foraſmuch as his firſt offence in Eſloyning
himſelf to fhun the guilt whereof he was convinced; and after his bold and
inſolent behavicur at this Board ( in anſwering plainly, That he conceived
the Command of the Lord Chancellor ought to free him from the Command
of this board) deſerves ſuch proceedings againſt him, as may be both Puniſh
ment to him, and Example to others: It is therefore Ordered, That he ſtand
Fined in 500 1. Bound to his Good Behaviour ; Stand Committed to the
Caſtle during the Deputy's Pleaſure ; and make Acknowledgment of his Of-
fence at this Board. And, the Form of bis Submiſſion is ſet down, I AC-
knowledge I preſented a Preſumptuous and Untrue Petition,&c. Given
30 O&tober, 1638.
The Names of thoſe that Subſcribed it were alſo Read.
1
ܪ
FH
.
1
The
?
A
1.641.
Lord Dillor.
from the Scotch Rebellion to the King's Murther:
77
The Lord Dillon was Examined about tlie Lord Eſmond, affirmed, That
it was fuggelted that he had ſet ſome perſons on to cut off Sir Walſingham
Cook, which was confirmed by Sir Adam Loftus, and that the Witnelles not
concurring, my Lord Eſmond was diſmiſled. To which the Earl added,
That as ſoon as he was clear, he had liberty to go into England. And for
the Fecs for Licences, Mr. Slingsły and Mr. Little atteſted, That they had
20 s. of Privy Councellors and Officers of the Army; of others 5s, bat it
was voluntary, and many times none at all was paid. He concluded, That
be loped nothing hitherto Jhall convince him of Treaſon before their Lorde
ships, to whoſe Judgment he did with all humility ſubmit.
To this Mr. Palmer replyed, That his Lordſhip had uſed a great deal Mr. Palmer's
of Wit and Art to colour his Allions,' and to induce the King to an allow-reply.
ance of them; but his Axts of Injuſtice Shew quo obtentu this Propoſition
was gotten; that as it prevented Clamorous Complaints,fo. it terrified thoſe
which were real, leſt they ſhould be puniſhed as ēlamorous ; That the 25 H.
6. though, it gave leave to ſeize their Lands that departed withont Licence,
yet reſtrained not their perſons ; That as to the petition for Reſidence of
Undertakers, there was a great difference between Reficlence and Restraint
to complain to his Majeſty; that if the Laws of England and Ireland, as
his Lordſhip ſayes, be the ſame, the Paſage is open by 4. Jacob. which Re-
peals 5 Rich. 2. unleſs the King by Proclamation or a Ne Exeat Regno on
Special Cauſes lay a reſtraint. That to the Lord Eſmond's Commiſſion if
there was one; that Record ought to be produced. That for the Lord Koché,
there was an Information, but that was ceaſed before the denial of the Li-
çence; That the true reaſon why. Mac-Carty was denied licence, was, that
he ſhould not complain of bis Suit
, which he ſaid Mr. Little confeſſed upon
taking his Petition, as was depoſed upon Oaths by one John Mcaugh ; And John Meaugb.
as to Parry's Sentence, it declares ſomething ſaid to be the Cauſe, but not
the whole.
Io his laſt, that this is not Treaſon, though they are not individu-
al Treaſons, yet they are the multiplication of acts of Arbitrary Power;
and bis obtaining power to binder Subjects acceſs to his Majesty, is taking
ſuch a Soveraign Power, that Non ſentit parem nec ſuperiorem.
Mr. Maynard added, That they laid the streſs upon this, that it was to
prevent Complaints of his injustice to his Majeſty, and that his intention
might make that ill which in it ſelf was not ſo.
To which Mr. Glyx ſupplyed, That his Deſign was introducing a Tyran-
nical Government, and before he goes about his work he puts of all means
of Redreſs.
The 17th and 18th Articles being for the preſent waved, Mr. Whit- Artic. 19.
lock proceeded to the 19th Article, Thewing, That as he had Exerciſed
Tyrannical Power over the Lives, Liberties and Eſtates of the Iriſhi; jo
over the Conſciences of the Scottiſh Subjects in Ireland ; by a new Oath,
and that he ſaid he would root out the Scottiſh Nation if he returned to
Ireland.
To prove this, Sir James Montgomery was ſworn, who depoſed, That Sir James
the Lord-Deputy ſent for most of the principal of the Scottih Nation to Montgomery.
Dublin by Letters, and being come, the Lord Viſcount Montgomerý te-
ing indiſpoſed with a Cold, the Lord came to his Lodgings where they were
to attend him, he communicated to them the diſorders of Scotland, and
wiſhed them to do ſomething to vindicate themſelves from being of the Con-
federacy; that then the Billbops of Down and Rafio, propoſed the joyning
ነ >
1 in
I
my Lord
!
|
{!
Maxmill.
wortby.
Rich. Salmon
1.School-ma-
ſter,
+
78 An Impartial Collection of all the memorable Events
1 641.
in a lawful Oath, as the others had in an unlawfull, and to Petition the
Lord-Deputy for it, the Biſhop of Down offered to draw it, lut
put it upon the Biſhop of Raffo ; that he took the Liberty to tell his Lord-
Ship it was amiſs to conſider of it; To which he replyed, Sir James, you may
go home and Petition or not Petition, if you will; but if you do nor,
or who do not, or to that purpoſe, fall do worſe.' That 2 Petitions were
drauun, one down right railing, the other bitter enough; and when it was
deſired to be ſoftned anſwer was made the Lord Deputy had ſeen it, and did
approve it ; that with little alteration the Petition was Signed and Deli-
vered, an Oath was framed which my Lord himſelf adminiſtred to them;
that Commiſſions came down immediately to adminiſter it to all men and wo-
men above 16 years of Age, and certifie the names of refuſers; that many
fied out of the Countrey, ſome abſcanded, others were apprehended, and be
thinks cenſured; ſome left their Corn on the Ground; but being asked a-
bout the Papifts, he did not hear that the Oath was tendred to them,
or that they were called.
Then the Oath was Read, which ſee before in the beginning of theſe
Collections.
Mr. Maxwell ſworn depoſed to the fame Effect. Then Sir Folon Clot
Sir John Clot-
worthy ſworn, depoſed, That upon the impoſing it, being a Commiſſioner,
he knew multitudes fled, left their Corn on the Ground, Cattle and Dwel-
lings.
Richard Salmon depoſed, That at the Proceedings againſt Mr. Stuart
he-being willing to take the firſt part of the Oath as to. Allegiance and Su-
premacy, but the later part as to Eccleſiaſtical Duties he durſi not, my Lord
told him they had other Oaths for that; but this was for both ; and thoſe
who were obedient to Eccleſiaſtical Orders, he would lay his hand under
their Feet to do them good; but whoſoever would refift, he would proſecute
to the blood; That my Lord ſaid further, They had made him forget
himſelf by putting him into ſome paſſion; That they were Traitors and Re-
bels, and that if his Majeſty would Honour him ſo much as to ſend him back
again, he would eradicate Root and Branch of all that Nation out of the
Kingdom of Ireland, Saving the Lords and others that had taken the Oath.
That Mr. Steward was Fined 5000, his Wife 5000, his 2 Daughters
3000 l. a piece, and James Gray 3000, as he remembers. That Gray
was not worth 100 l. Mr. Stuart maintaining him in Priſox.
Fobre Loftus. Folın Loftus ſworn, depoſed to the Fines and the words about the
Scottiſh Nation.
Mr. Whitlock Summed up the Evidence, concluding, This was to take
a Power far above Law, to bind their Conſciences, that it ſhewed my Lord's
Intention to alter Laws with all his Force and Cruelty.
The Earl then made his Defence, That their Lordſhips and particular-
ly the Lord Steward who was General of the Army againſt the Scots, knew
the poſture of the King's affairs, their fears of the Scots in Ireland, and
their Confederacy with the Covenanters, one being condemned and Execu
ted for Plotting to deliver Knockfergus to. a Great man in Scotland. To
prevent this, there was a debate of Council-Board, which was atteſted by
the Lord Dillon, and that the whole proceeding about the Oath was conclu-
ded on as neceſſary for the preſervation of the State.
Sir Philip Manwaring and Sir Adam Loftus affirmed the ſame, and
that none of the Gentlemen who took the Oath appeared refractory. My
Sir Adam Lof- Lord added, They did it chearfully, ſave only Sir James Montgomery,
.
1
The Earl's DC-
fence.
Lord Dillon.
over het
Sir Philip
Manwarin.
THS.
which
I'
79
I 6
41
from the Scotch Rebellion to the King's Murther.
which he remembers to their Honour, that there being an Expreſſion in
the Petition Offering their Lives and Fortunes for vindicating the Regal
Power, which he said might be turned tog ſtrictly upon them, he qualified it
with theſe words, In equal manner
, and meaſure with other his Mujejtie's
Subjekts, which as my Lord Montgomery will, he is affüred, juſtiție were
The Petition and the Act of State were then read, being to this
Effect.
*
put in by him.
1
11
By the Lord-Deputy and Council.
WENTWORTH.
lith
1
17
f
Where We have lately made an Act of Council in theſe words.
VV
Hereas divers Lords Spiritual and Temporal, Knights, and others The A& of
inhabiting in this Kingdom, have lately exhibited a Petition to Us, tion about the
in theſe words following.
To the Right Honourable, the Lord Deputy and Council, &c.
1
land.
The Humble Petition of, &c.
The Petition recites,
1
The horror apprehended by the Petitioners, His Majeſties Subjects of the Sco-
tiſh Nation inhabiting in Ireland, for the Covenant ſworn by ſome of their
Countrey-men in Scotland, without His Majeſties Authority and Conſent.
Their diſlike thereof, and the conſideration,that their cauſes of that action may
be underſtood, to reflect on the Petitioners, though innocent.
They crave leave to vindicate themſelves from ſo great a Contagion, and deſire
his Lordſhip to preſcribe a way by Oath or otherwiſe, to free themſelves
from theſe proceedings, to declare their acknowledgment of the King's
Regal Power, and their diſlike of that Cavenant, and of all other Covenants
entred into, c. without His Majeſties Regal Authority, which they are de-
ſirous to manifeſt by offering their Lives and Fortunes, to vindicate the Ho-
nor, cc. of their Sovereign, which they are ready to do in equal manner and
meaſure, with other His Majeſties Subjects, c. and divers names were to
the faid Petition ſubſcribed.
.
h
In conſideration of which Petition, we cannot but commend the Wiſdom of the
Petitioners, which we will not fail humbly to repreſent to His Majeſty ; and for
that we know many of this Kingdom, have expreſſed good Affection to His Ma-
jeſty and His Service, and diſlike thoſe Diſorders: We hold it fit, &c. to free
them the better from the Crimes and Scandals which their Countrey-men have
gone into, as alſo to free them from all prejudice, and to approve to the King,
and to the whole world, their Allegiance to him and his Regal Power, and the
diſlike of thắt unlawful Oath and Covenant: We do therefore Ordain, That
all and every perſon of the Scotch Nation, that inhabit, or have Eſtates, or any
Houſes, Lands, Tenements, or Heredicaments within Ireland, fhall take the Oath
herein expreſſed on the Holy Evangeliſts, on pain of His Majeſties High Diſplea-
fare. The tenor of which Oath follows. Co To ſeveral ſelect perſons, O.
Authorizing them to call before them, and adminiſter the Oath to every perſon
of the Scorch Nation, c. At ſuch time and place, C. And ſuch loſtructions as
ſhall be in that behalf given by the Deputy and Council, G C And to certiſe the
Names of all that take the Oath, and if any refuſe to certifie their Names, Qua-
lity, and Reſidences to the Lord Deputy, &c. And there is a Command, That
all
1
+
1
+
1
:
1
'!
1
12
:
1
1
The King's
Letter to the
Lord-Deputy
about the
Oath.
COM
80 An Impartial Gollection of all the memorable Events
all of the Scotch Nation do appear before the ſaid Commiſſioners at times by them
I 64 1.
to be appointed, and to take the ſaid Oath before them; and that all perſons may
have due notice, we think fit this be publiſhed, Dated May 1639.
Slingsby. To prove the Deſign of betraying Knockfergus, Mr. Slingsly Examin-
ed, atteſted, That it was Advertized, that when the King was at Berwick,
one Trueman had writ a Letter for betraying the Caſtle.there, he was ſent
to Dublin and Examined; remanded back, Tryed, found Guilty, Condemned
and Executed
for the Fact.
My Lord added further, That at the ſame time there was the like Oat);
and proceedings in England; That what he did was for ſecuring the
Peace of Ireland; and had it been done by himſelf ſolely as Deputy, be hum-
bly conceives it no Treaſon; but he had the King's Letter of his own hand-
writing; which he produced as followeth.
WENTWORTH,
Nonſidering the great number of Scots that are in Ireland, and the dan-
gerous conſequences may follow, if they ſhould joyn with the Covenan-
ters in Scotland; I hold it neceſſary you ſhould uſe your best Endea-
vour, to try them by an Oath, not only to diſclaim their countreymens Pro-
ceedings, but likewiſe, never to joyn with any in Covenant, or otherwiſe
againſt Me; To which purpoſe I Command
you, to frame and adminiſter ſuch
an Oath, to the abovejaid intent, to my Scotiſh Subjects of that Kingdom,
that I may know the well from the ill-affected of that Nation; of which fail
not, as you love my Service. And ſo I reſt, Tour aſſured Friend, Ch. R.
Dated 16 fan.
Whitehall.
1 6 3 8.
That therefore having his Majeſties Warrant, he conceives doth juſtifie
him; and that he had rather fuffer by his Obedience, then diſpute his Mía-
jeſtie's Command.
As to the Fining of Stuart &c. it was the Act of the whole Court of
Caſtle-Chamber, where he had but ove Vote; the greatneſs of the Fine
was to ſhew the greatneſs of the Crime, and that little of it was paid;
that to refuſe the Oath of Allegiance is Præmunire, in compariſon of ivhich
this was a moderate Fine ; That there is nothing of Eccleſiaſtical concern,
but temperal Allegiance in the Oath.
To the words about the Scottiſh Nation, be abſolutely denied be.ever
Spake them or thought them, he owes more Honour to His Majeſtie's Native
Countrey, and from his Soul wiſheth it all Proſperity; that be muſt be out
his Witts to call a whole Nation Traytors, knowing many of them to be faith
ful Loyal Subjects ; whatever he ſpake was concerning the Fałtion in it; as
to the multitudes going away, Sir John Çlotworthy names not one of that
multitude ; and if they did go, rather then give that Pledg of their Alle-
giance; who could belp it ?
As to the Schoolmaſter's Teſtimony, he is poſitive that my Lord ſpoke
the rancorous Words againſt the Scottiſh Nation, Oktob. 10. 1639. but lie
proved by Mr. Little, and Mr. Ralto1, that he came from Ireland Sept.
Tż. 1639. a month before, and was in London Sept. 21. 1639. and
therefore being a ſingle Witneſs
, and Evidently ſwearing falſe in the first
part, he hopes their Lordſhips will credit him accordingly
.
'1
1
11
E.
1
4
As
:
Sir Philip
Manwaring
I'm li
1
+
from the Scotch Rebellion to the King's Murther.
8i
As to the laſt, he having not yet learned his Leſſon perfectly, thats 1 6 4 1
Loftus makes it another thing, ſwearing the Earl faid, He hoped to root, La
&c. Juch as would not ſubmit to the Ecclefiaftical Orders; where
as there are few of the Scottiſh Nation that do not ſubmit.
He then produced Sir Philip Manwaring, who atteſted, That he heard
the whole Speech, and that my Lord Spoke only againſt a Faction of the Scot-
tiſh Nation, whom he would endeavour to bring to Obedience; and that he
Explained himſelf to Speak of thoſe of Ireland, not of Scotland, whoſe Laws
and Cuſtoms he did not underſtand ; and that he heard not one word of Root
and Branch, or Stock and Branch; but that he heard Mr. Wainsford,
Maſter of the Rolls, commend my Lord for his Caution, that he had reflected
on the Faction, not on the Nation.
Then my Lord concluded, That_be hoped nothing was proved againſt
him of Treaſon; for if obeying Commands in this caſe be jo, he confeſſed,
being not better informed, if it were to do again, he ſhould be that Traitor
over again.
Mr. Whitlock preſently laid hold of this, and ſaid, Tbis juſtifying his Managers Re-
Offence against Law in that Great Preſencè, was a great aggravation of his ply
.
Crime. That it is well known a new Oath cannot be impoſed without Allent
in Parliament, it is Legiſlativa Poteſtas; That he obtained the King's
Letter upon Mif-information ; As to Steward's Sentence, his fault is the
greater for drawing others to joyn with him in it. That the Oath injoyned
in England, ſeems to have followed the Precedent of Ireland ; that though
Salmon miſtakes the time, he does not miſtake the ſubſtance; and that
though my Lord Strafford's Witneſſes do not remember the Words about the
Scots, it is no' impeachment of the Witneſſes againſt him, that dc. Con-
cluding, That this adminiſtring an Oath, was aſſuming a Power above Rea
gal; for this is not penes Poteſtatem Miniſtri.
Mr. Maynard added, That though the King injoyned him to adminiſter
an Oath, yet not to puniſh the Refuſers.
Upon Monday April 5. the Commons proceeded to the 20, 21, 22, Munday ,
23, and 24 Articles; but before they began, the Lord High Steward April s. Artic.
informed them, That upon my Lord's Petition the Earl of Northumber-
land had been Éxamined, but being late could not be Croſs Examined by
the Commons
Mr. Whitlock deſired he might be reſerved', and ſome other Wit-
neſſes.
My Lord oppoſed Supplemental Evidence, and deſired he might Croſs
Examine my Lord of Canterbury.
They anſwered, My Lord of Canterbury was Impeached, but they did
not intend to make uſe of his Evidence ; and the other Witnelles were ſuch as
were to ſpeak vivâ voce, inſtancing in Serjeant Glanvil.
Mr.Whitlock then begun to open the foreſaid Articles in groſs; which
the Earl deſired the Lords,might not be; acquainting them bis Memory
could not ſerve him to make replyes if they inverted the Method ; That any
other perſon in his circumſtances would
think as long time as be had been
favoured with to recolleit and put his Notes in Order, no more than necefary,
though a far abler man than himſelf.
Mr. Glyn ſaid, he never knew a Priſoner preſcribe a Metbod, eſpecially in
caſe of High Treaſon.
My Lord then deſired he might have time till to morrow for his An-
Vol. II.
Siver,
20, 21, 22,
23, 24.
M
1
}
+
1
any
!
1
Earl of Tra.
!
quair
82 An Impartial Collection of all the memorable Events
1 64 . \/wer, which being offered with all humility for his Defence, he hoped their
Lordſhips might grant without Offence. But he was over-ruled, and they
proceeded.
Mr. Whitlock proceeded in the Charge, That he adviſed the King that
the Scots Demands were a ſufficient ground of War, that they ſtruck at the
Root of Monarchy, and were not only matters of Religion : That he ſeized
their Ships in Ireland.procured the Parliament in Ireland to give aliſtance
and supply for a War against Scotland ; That his deſign was the ſame a-
gainſt England; That Sir George Ratcliff told Sir Robert King, The
King had 30000 men and 400000 l. in his Purſe,and his Sword by ſide, and
if he wants money ivho will pity bim; be may make peace when he .will,
though that be the worst of Eviis ; that if the Parliament did not ſupply
him he might uſe his Prerogative, and would be acquitted before God and
Man if he took orber Courſes to ſupply himſelf ; and he would be ready to
ſerve him in
other way; that he adviſed the Diſſolving of the Parlia-
ment, and ſaid, that they having denied the King Supplies, be might pro-
vide for the Kingdom by ſuch wayes as he thought fit, and not ſuffer himſelf
'to be maſtered by the wilfulneſs or frowar dneſs of his people. That having
tried all wayes, he was to do all that Power would admit, being abſolved
from all Rules of Government, and acquitted before God and Man ; that
he had an Army in Ireland which he might Employ to reduce his King-
doms.
For proof, the Earl of Traquair depoſed, That the Earl ſaid, that the
Unreaſonable demands of Subjects in Parliament, was a ground for the
King to put himſelf into a poſture of War; and that at the Council-Board
the Earl with the reſt concluded, That if the Commiſſioners from Scotland,
to whom the King had given leave to come up to repreſent their demands, did
not give good fatisfaction touching them, the Council would be aſſiſtant
to his Majeſty to put him into a poſture of War to reduce them to their o
bedience ; but who ſpołe firſt at the Board he remembers not.
After ſome debate about reading the Examinations of Witneſſes not
preſent the Lord High Steward ruling it,the Examination of the Earl of
Morton was read, he being fick ; That the Earl had ſaid, as before, for
the Ground of War, and that the Examinate told his Majeſty he had given
the Scots leave to Petition in Parliament for Redreſs, and without hearing
their Reaſons, there was not ſufficient Ground for. War, to which bis Ma.
jeſty ſaid he spoke reaſon ; howbeit the Lord Strafford ſaid, there was
ground enough for War. Whence Mr. Whitlock obſerved, That though
he knew not the Reaſons, nor was verſed in Republica aliena, yet here-
peats
his advice, That theſe Demands &c. That the Scots Commiſioners by
his Majeſtie's leave being on their way to give Reaſons, yet the Earl of
Strafford Said, the demands were not matters of Religion, but ſtrook at the
Root of Government, and ſuch as he thought were fit for his Majeſty to
punniſh.
Sir Henry Vaxe depoſes, That after the breaking up of the Parliament,
some thing was propoſed, and he himſelf propoſed a Defenſive War, the Earl
of Strafford an Offenſive.
The Earl of Northumberland's Examination read, was to the ſame
Effect.
The Biſhop of London Lord Treaſurer of England, depoſed, That a-
Biſliop of
Lord Strafford gave advice,That his Majeſty ſhould prepare
others,my
mong
bimjelf to reduce them by Force,his Majeſty having acquainted them upon the
Earl of Traquair's Relation, That ſome of their Demands were prejudicial
Earl of Aloya
tox.
+
Sir Hen. Vane.
Earl of Nor-
thumberland.
}
1
London.
to
AP
I 641.
War.
Mr. Nicholas
UH
Milot
1
way.
1
from the Scotch Rebellion to the King's Murther.
83
to the Crown, and which he could not grant. That the War being at anc-
ther meeting reſolved upon, whether Offenſive or Defenſive, there
were di-
vers opinions, but believes my Lord Strafford inclined to an Offenſive
Nicholas Barnwell depoſed, That Sir Robert Loftus ſeized ſeveral
Scotch Ships and Boats, and that otliers hearing, fled aray, and that Sir Barnmello
George Ratcliff was diſpleaſed with Sir Robert for making it publick, by
which means they Eſcaped:
Then the Lord Primate of Ireland's Examination was read, That Archbiſhop of
diſcourſing about
levying of money,the Earl of Strafford declared, that he a. Armagh .
greed with thoſe of England, who thought in caſe of imminent neceſſity, the
King might make use of his Prerogative to Levy what he pleaſed, adding,
That His Majesty was firſt to try bis Porliament, and if they ſupplied bim
not, then he might make uſe of his Prerogative as he pleaſed himſelf.
The Lord Conway depoſed, That in private diſcourſe about the 12 Sub Lord Conway.
ſidies, the Lord Strafford ſaid words to this Effect
, That the King had need,
and if the Parliament would not ſupply the King, though he hoped they
would, the cauſe being juſt and lauful, the King was juſtified before God and
manıf he fought means to help bimjelf, though it were againſt their Wills
.
Sir Henry Vane depoſed, that the Lord Strafford ſaid, In caſe the Par. Sir Hen. Vats,
liament did not ſucceed,he would be ready to ališt His Majeſty in any other
Sir Robert King depoſed to Sir George Ratcliff's words about 30000 Sir Rob.King.
men, and 400000 l, and that the King could not want Money, he had an
Army.
The Lord Ranulagh depoſed to the ſame Effect concerning Sir George Lord Ranke
Radcliff
.
Sir Tho. Barrington depoſed, Thar on private diſcourſe about the Par- Sir Thomas
liament, Sir George Wentworth faid, The Commonwealth was ſick of Peace, Barrington.
and will not be well till it be Conquered again.
Sir Robert King further ſaid, that the Lord Ranulagh was diſpleaſed at
Sir George Ratcliff's words, conceiving it was an intention to raiſe Money
forcibly in England, and that they muſt turn their Swords upon them from whom
they were deſcended, and cut their Throats for their own Safety; which the
Earl confirmed, by offering to ſell the ſaid Lord bis Eſtate in Ireland, though:
be thought they would be quieter there than in England. From whence the
Managers inferred his Deſign was againſt England.
To prove this Deſign, Sir Tho. Fermin depoſed, That be heard my Lord Sir Thomas
Fermin.
The Earl of Briſtol depoſed, That diſcourſing of the Diſtractions of the The Earl of
Times, the Mutiny of the Soldiers, and Danger of a War with Scotland, he Brifols
propoſed the Summoning a new Parliament, as the beſt way to prevent thoſe
Deſperate Undertakings ; which diſcourſe and his Reaſons, my Lord Straf-
ford ſeemed not to diſlike, but ſaid, He thought it noticounſelable at that
time, in regard of the flow Proceedings of Parliaments, and the real and
preſſing Dangers; axd that the Parliament had refuſed Supplies, and
therefore the King was to provide for the Safety of the Kingdom, Salus
Reipublicæ being Suprema Lex; and that the King muſt not ſuffer him-
ſelf to be maſtered by the ſtubborneſs and undutifulneſs of his people, for
rather Stubberneſs and diſaffection of ſome particular men, meaning ſome
Members of Parliament, as he conceives
, being diſcourſing of the Parliament.
The Lord Newborough depoſed, That he heard words
. to this Effect, Lord Nembo.
That ſeeing the Parliament had not fupplyed the King,His Majeſty might rough.
lagb
take
VOL. II.
M 2
1
L
Earl of Hol-
land,
.
84 An Impartial Collection of all the memorable Events
I 64I.
take other courſes for Defence of the Kingdom ; But thô he cannot ſwear
the Earl ſpake theſe words, be verily believes be heard him ſpeak fome-
thing to that purpoſe. The Earl of Holland depoſed much to the fame
Purport.
Then they proceeded to the 23. Article, and the Examination of the
Earl of Northumberland was read, That in caſe of Necellity, for Defence of
the Kingdom, if the People refuſe to Supply the King, the King is abſolved
from Rules of Government, and that every thing is to be done for the Preſer-
vation of the King and his People; and that by ſome diſcourſes to His Ma-
jeſty, he believes if the King was not ſupplyed by Parliament, fome Courſe
was intended to raiſe Money by Extraordinary wayes; but that the Iriſh
Army was to land in the Weſt of Scotland, and he hath not heard that theſe
Forces were to be imployed in England to compel or awe the Subjects to pay
Taxes impoſed.
Sir Henry Vane depoſed, That upon debate of the Question, Whether
Offenſive or Defenſive War, the Earl ſaid, Your Majesty having tryed
all wayes, and being refuſed, in caſe of Extream Neceſſity, for the Safety
of the Kingdom, you are looſe and abſolved from all Rules of Govern-
ment, you are acquitted before God and Man ;. You have an Army in
Ireland, you may imploy it to reduce this Kingdom. But he will not in-
terpret whether my Lord meant England or Scotland; but afterwards he
Said poſitively to reduce this Kingdom, applying it to England.
Mr. Whitlock ſummed up the Evidence, That it was clear my Lord of
Strafford had a ſtrong Deſign and Endeavour to Subvert the Fundamental
Laws and Government of England, and to bring in an Army upon us to force
this Kingdom to ſubmit to an Arbitrary, Power. That he would not aggra-
vate theſe words, which were to allay them, having in them more Bitterneſs
and Horror than he is able to Expreſs.
1
Sir Hen. Vane.
1
The Earl's De.
fence.
1
After ſome little pauſe, the Earl made his Defence; Ard firſt to the
Earl of Traquair's Depoſition, the ſaid Earl ſayes, That it was the Reſo-
lution of the Council-Board, and that he
gave
bis. Vote among the other
Lords, That if the Commiſſioners of Scotland gave not Satistáction, the
King might put himſelf into a poſture of War ; So that his Opinion was
the ſame with the reſt, and he thinks himſelf in great Safety, having the
Concomitant Opinion of ſo many wiſer Perſons than himſelf.
And for the Earl of Moreton's Depoſition, he hopes when the Council of
England had reſolved it, it was no great Crime for him to say, That the
unreaſonable Demands of Subjects in Parliament, was a good ground for
the King to put himſelf into a poſture of Defence; and for his ſaying it
was not Rcligion but the Root of Government they ſtrook at, that he
thinks he and every man that thought ſo, had reaſon to ſay as be did.
As to Sir H. Vane, the War being reſolved, and whether Offenſive or
Defenſive the Queſtion, he hopes it is not Treaſonable for a Privy Councellor
to give his Opinion according to his Conſcience; to do so, being their Duty
and according to their Oaths, and that he was as free to give bis Reaſons one
way, as any other perſon another.
As to the ſeizing the Ships, Barnwell's Teſtimony is only by hearſay, but
he will inform their Lordſhips by proof, that the Scots Ships were
ſtayed by
the Lord Admiral's Warrant, which Mr. Slingsby atteſted; ſo that the
Earl ſaid it might appear he was no ſuch Stirrer or Incendiary between the
King and lis Subjects as he was repreſented.
To,
1
1,
1 04
11
1
T
from the Scotch Rebellion to the King's Mureber. 85
To the 21 Article and the Lord Primate's Examination about the king's
uſing his Prerogative, it is but ſingularis teſtis, and only in way of Argum
ment; but that the words fairly conſtrued and clearly underſtród, bare no
ill lence ; for the King may uſe his Prerogative as he plealesbecau e lhe
King's Pleaſure is always juſt; and to think the King will be his Freroga-
tive otherwiſe, were a high Offence; or to think he will 11fe bis Prerogative
otherwiſe then as befits a Chriſtian and Pious King.
To my Lord Conway's Teſtimony, That the King might help himſelf
though it were againit their Will; He anſwered, That to help a man's felf
is Natural; for Self is the last Creature that leaves any perſon; and what
is natural to every man, is ſo to the King, who is accountable not only for
Himſelf, but his people.
To Mr. Secretary Vane's Teſtimony, That if the Parliament ſhould not
ſucceed, he would be ready to aſſiſt His Majeſty any other way, He ſees
not where the heynouſneſs or venom of the words is to endanger his Life and
Honor ; and be conceives Mr. Treaſurer ſaid as much; and the Wayes the
King could command,or he ſerve him in, he took to be lawful wayes ; and that
in all Debates he concluded, That the ſafeſt and ſureſt Expedient,was a Par-
liament, to make both the King and People Happy,
As to his procuring the Parliament of Ireland to declare their Allistance
in a War againlt the Scots, he deſired the. Remonſtrance of the Parliament
before the 4. Subſidies might be read; which was,
Hat whereas they have with one Conſent, cleerly given to His Majeſty, Part of the Re-
Four entire Subſidies towards His preſent Preparations, to reduce His monftrance of
Diſaffected Subjects, the Coveninters in Scotland, to their due Obe- Ireland, about
dience; They ſtill hope that His Majeſties great Wiſdom, and unexampled War with the
Clemency, may yet prevail with the worſe affected of thoſe His Subjects, to
bring them to that conformity and ſubmiſion, which by the Laws of God and
Nature they owe to him: But if His Majeſty Mall be enforced to uſe His
Power, to vindicate His juſt Authority: This Houſe for Themſelves, and
the Commons of this Kingdom, do profeſs, That their Zeal and Duty ſhall
not ſtay here at theſe Four Subſidies, but humbly promiſe, That they will
be ready with their Perſons and Eſtates, to their uttermoſt ability, for His
Majeſties future Supply in Parliament, as His great Occaſions. by the con-
tinuance of His Forces againſt that distemper ſhall r?quire. This they pray,
that it may be repreſented to His Majeſty by the Lord Lieutenant, and Re-
corded as an Ordinance of Parliament, and publiſhed in Print as a Teſtimony
to all the World and ſucceeding Ages; That as this Kingdom bath the hap.
pineſs to be Governed by the best of Kings, ſo they deſire to give cauſe, That
be ſhall account this People among the beſt of His Subjects.
If he had procured this Declaration, it had been no Crime ; but he had
no part in it, but it was their own voluntary free and chearful Aition.
For the Confederacy charged between him and Sir George Radcliff to
bring over the Íriſlı Army to deſtroy England, if it be made appear that he
had ſo much as a thought of it, he woald give fudgment againit himſelf as
anworthy to'live, who would enſlave himſelf and bis Poſterity. That he hath
a Heart that loves Freedom as well as another man, and values it as highly;
and in a modeſt and dutiful way, will go as far to defend it: it is an Opinion
he learnt in the Honourable Houſe of Commons, That to ſtard for Property
and Liberty, renders a man the beſt Subject; That this Opinion hath gone
along with him ever ſince, and he hopes he ſhall carry it to his Grave; That
what
Scots.
N
1
I
*
Earl of Nor.
tbumberland.
Marqueſs Hi-
milton.
Sir William
Pennyman.
11
1
86 An Impartial Colle&tion of all the memorable Events
1 6 41.1
what is depoſed by Sir Robert King and Lord Ranulagh as to Sir George
Ratcliff, cannot affect hiin, ſince the meaneſt Subject in the Kingdom cannot
commit Treaſon by Letter of Attorney; And it is a priviledg, which though
he hath the honour to be a Beer, he never deſires to do it by Proxy; and that
the Army was never intended to ſet foot on Engliſh Ground, he deſires
niy
Lord Northumberland's Examination may witneſs for him, by which it
appeared they were deſigned for the Weſt of Scotland; nor did he ever hear
of any Deſign of reducing the Subjects of England
by that Army. The Lord
Marqueſs Hamilton alfo atteſted the Jame; Sir Tho. Lucas Serjeant Major
Sir Tho: Lucas. General of the King's Horſe atteſted the ſame. Mr. Slingsby who was of the
Mr. Slingsby.
Councel of War, affirmed the deſign was to land them at Ayre in Scotland,
and that he had order to provide a Magazine, Shipping and Flat-Bottom
Boats for that Deſign; and that he had a Coaſt Map drawn of that Place
for that purpoſe.
Sir William Pennyman alſo atteſted, That ſome of the Lords Petition-
ing the Iriſh Army might not land in England, my Lord Strafford told him,
He wondred at it, for there never was any ſuch intention.
As to the Teſtimony of his Brother depoſed by Sir Tho. Barrington, That
England would never be well, till it was conquered again, be obſerved,
That his Brother, his Friends, his Table, his Houſe, his Bed, every place
is ſearched to convince him of that which he thanked God he was never guilty
of. That what his Brother ſayes is nothing to him, and he deſired he might
be Examined; but Mr. Maynard oppoſed it as tending to clear himſelf, and
So he was not heard. The diſcourſe between my Lord Briſtol-and himſelf
he confeſſes, but that what he ſaid was in caſe of Extream Neceſſity, as
Invaſion, when there is not time to call a Parliament, he conceives the
King being accountable to God Almighty for Himſelf and People, he may
Uſe his Power. And for the other words, That the King is not to be Ma.
ſtered by the frowardneſs, &c. he does not remember it, but relyes go on
the Honour of my Lord Briſtol, that he affirming it, he will not deny it, but
reſerves to himſelf in this caſe the Benefit of the Law, that it is but a ſingle
Teſtimony
. He owns what my Lord Newborough depoſed, and thinks the
King is not ſecluded more then another perſon from doing the best for himſelf
in a fair and
juſt and honourable way. The fame he ſayes to my Lord of Hol-
land's Depoſition, That it is grounded upon Salus Populi Suprema Lex,and
Speaking it as he did with theſe Limitations, doth quite alter the caſe;
beſides, that theſe diſcourſes were private, and rather argumentative and
problematical , then poſitive, and to make theſe Treaſon, were to debar
men the joy and comfort of human ſociety, But all this while theſe were
but words, which by Act of Parliament though much higher, are not Trea-
fon, citing a Clauſe of 1 Ed. 6. c. 12. Be it Enacted by&c. if any Perſon
or Perſons do compaſs and imagine by open Prcaching, Expreſs words
or Saying to depoſe or deprive the King, his Heirs or Succeſſors from
his or their Royal Eſtate or Title, or openly publiſh or ſay by. Expreſs
words or ſaying, That any other Perſon or Perſons other then the King
his Heirs or Succeſſors of Right ought to be, &c. yet the firſt and ſecond
offences are not made I reaſon, but only the third. That it wasithe wiſdom
of their Lordhips Noble Anceſtors to chain up this Lion, by concluding
what is Treaſin, and not to ſuffer him to tear us all in pieces by Arbitra-
ry Treaſon, which would make actions of Treaſon more common than Aftions
of Treſpaſs.
To the words charged in the 23d Article , Spoken at Council Board or
Committee of Scotch affairs, of the King's being abſolved from all Rules
of
.
2
í
1
#h
my
th
Wit
from the Scotch Rebellion to the King's Murther. 87
of Government &c. Mr. Treaſurer who depoſed them, bath reverſed his 1641.
Teſtimony, ſaying, firſt Your Majeſty hath an Army in Ireland, which u
you may employ there ; Afterwards upon being Ordered to repeat his Te-
ſtimony, he ſaid, which you may employ in England; and whereas be
calls in aid of my Lord of Northumberland, his Lordſhip in his Exami-
nation denies abſolutely his hearing any folch words, he ſayes indeed be con-
ceives there was intended
fome Extraordinary wayes of raiſing money, which
my Lord Strafford ſayes was meant of borrowing 3 or 400000 f. my Lord
Margueſs Hamilton remembers no ſuch words.Then he deſired the Lord Trea-
ſurer might be examined,who averred he never heard my Lord Strafford ſpeak
any ſuch words. The Lord Cortington averred the ſame, only be heard
Lord Straffard ſay, The Parliament had not provided for the King, or
had left the King without money; which was no more then truth. And
to the extraordinary wayes, That my Lord ſaid, the King ought to ſeek all
due and legal wayes, and uſe his Prerogative Caftè & Candidè, and so
my Lord concluded,That Mr. Secretarie's at moſt was but a ſingle Teſtimony
of Words, which by the before recited Statute reqaires two ſuficient
Lawful
Witneſſes, or the voluntary confeſſion of the Party. He deſired that the
Antecedents and Conſequents of his words might be taken together, and that
being Spoken of a Caſe of extreme neceſſity, and the King's uſing his Power
candidè & caſte, and they would not with thoſe reſtrictions and limitations
with which he spake them,he hoped, appear fo criminal.And forthis purpoſe he
deſired the Earl of Northumberland's Examination might be read, which
was,That he heard the Earl of Strafford often ſay, That that Power was to
be uſed Cardidè & Caſtè, and an account thereof ſhould be given to the
Parliament that they might ſee it was only ſo uſed. That further the
Earl of Strafford faid, That the Kingdom could not be happy but by
good agreement between the King and his People in Parliament. The
Marquejs of Hamilton alſo being Examined, atteſted the ſame, and that
heard liim ſpeak thoſe words both before and after theParliament,and that
it was upon the Occaſion of his informing the King, that the Scottiſh
Army would certainly invade England. Lord Goring and Sir Thomas
German atteſted to the fame Effeit. Lord Treaſurer ſaid, he remembered
the words, but not the particular occaſion, Héthen added, That as this was
his meaning, ſo it was cleared to be ſo by the ſubſequent Actions ; for nothing
had been done upon it againſt the Laws and Cuſtoms of the Realm; that theſe
words were Spoken in full Council, where he was upon Oath to ſpeak his
Conſcience; and bad he not done ſo, he muſt have been perjured ; and if he
muſt be either perjured to God, or a Traytor to man, be had learnt to fear
him who can deſtroy both Soul and Body, and not Man,who can only kill the
Body; That it was but his opinion,if held pertinaciouſly may make a man a
Heretick not a Traytor, yet he was not pertinacious, he preſſed it no further,
nor was any thing done upon it. He further deſired their Lordſhips to conſider
.
the great Truſts and Thoughts they were born and bred to, for the weighty
imployments of the Kingdom, but this would diſable and diſcourage men
from that
ſervice, if a Councellor delivering his Opinion, ſhall upon miſta-
king or not knowing the Law, be brought into Queſtion for his Life and
Honour and Poſterity, and that few Wife and Noble Perſons would upon
Such unſafe terms adventure to be Counſellors to the King; humbly beſeeching
their Lordſhips to think of him fo, as not to bring an inconvenience upon
themſelves and Poſterity.
Το
1
1
.
1
I 64 1
.
ply.
។
1
88 An Impartial Collection of all the memorable Events
To this Mr. Whitlock replyed,That whereas my Lord Excuſes his words
as being only concurrent with the Vote of Council, it is evident ſome were of
Managers re another Opinion ;That whereas he ſayes he therefore gave advice,conceiving
che Scots Demands firook at the Root of Government, it is plain they
did not, being ſince by Royal Allent made Acts of Parliament in Scotland;
it was his Reſolution, his Advice there ſhould be an Offenſive War: For
ſtaying the Ships, they will not inſist upon it. For his ſaying, The King's
helping himſelf was a Natural Motion; to do it againſt the Will of the
Subječts, was a Violent Motion, and his Lordſhips Deſign; and for helping
the King in otlier wayes if the Parliament were Diſſolved, he was willing
it ſhould be fo, by propoſing Supplies before Redreſs of Grievances, and be
forè a Reſolution, Whether they would give, to inform agaiyst the Parlia-
ment by miſ-information.; and for the Parliament of Irelands Reſolution
and Declaration, it was by this procurement, being Chief Governor there ;
And for uſing the Army against England, admitting the primary Intention
were to land them in Scotland, but when the Army was landed, his Intentions
might change, and it ſeems it was, by his labouring to perſwade the King to
make use of it to reduce this Kingdom. That no Anſwer was given by my
Lord to thoſe words, That the King was not to be Maſtered by the fro-
wardneſs of his People,&c. That notwithſtanding the Stat. of Ed. 6. it is
High Treaſon to adviſe the Deſtruction of the King; and though the words
in themſelves are not Treaſon, yet as they declare an Intention of Subverting
the Laws and Government of the Kingdom, they are.
That Mr. Treaſurer
ſwears the words affirmatively; and that others did not hear; diſproves not
his Teſtimony: but comparing all together, it appears his Intention was to
bring in that Army to reduce this Kingdom. That His Majeſty muſt not
be maſtered, implyes he muſt maſter them, and that by the force of others,
and to compel the Subje&ts to ſubmit to an Arbitrary Power. That nothing was
done
upon thoſe Councels, is no Excuſe to him ; it is an Obligation to the Sub-
jects to Love and Honour the King for rejecting them; but yet ſome things
were done which my Lord will never be able to juſtifie; concluding, That
this was not only Crimen læfæ Majeſtatis, but alſo Reipublicæ.
Mr. Maynard ſeconded Mr. Whitlock, obſerving, That my Lord had
taken ſuch a courſe to weaken the Teſtimonies, that allowing it, nothing will
be ſo ſtrong, but he will take off the ſtrength of it, and that is by taking them
in pieces, and then ſaying they are but fingle Evidence ; whereas it is Evi-
dent, that upon all occaſions he ſpoke ſuch words, if his Adverbs Candidè &
Caſtè muſt be applyed to what is lawful, they were needleſs; and truly be
may ſay it was done Cautè, thô not Caftè. The Caſe comes to this, There
was a Parliament Sitting, a little before he casts out words about raiſing
Money, which muſt be made good' by Adverbs; Money muſt be raiſed in an
Extraordinary way, the Parliament is broken, a Neceſſity, made and Soldiers
muſt be brought in to make good theſe wayes ; take theſe afunder, and
my
Lord will make it a good Ačtion ; but taken together, they make good the
Charge ; and that though Treaſon is not in his words, but in his wicked
Counſels.
Mr. Glyn took up the Bucklers and added, That he had aſcended the
Throne, and by 'ill Counſels endeavoured to infuſe his Venom into the King's
Perſon, and to Corrupt the Fountain; but God be praiſed he met with a Gra-
cious King, upon whons he could not prevail; and for his bringing the Army
into England, thô he tells Sir William Pennyman he did not intend it, yet
there was Vox Populi, and that was a horrid Witneſs. That he intended
to invade the Property of the People, is plain from his own words, That the
King ſhould make Reſtitution when the Danger was over; and his ſay.
ing;
I
+
1
1
1
1
1
S
1 641.
-...
1
1
42
1
...
from rbe Scotch Rebellion to the King's Murther. 89
ing, That a Privy Councellor ought not to be queſtioned for his Coun-
ſels, was ſo great a proof of bis Actions, that he could not give a Greater.
Then by conſent, my Lord moving for a dayes.interval, his voice and
Strength being ſpent, the Court was adjourned till Wedneſday.
Upon Wedneſday the Commons proceeded to the 25th Article of the wednesday,
Charge, concerning the Earl of Strafford's advice of Vigorouſly levying April 7.
Ship-monėy, and by compulfion Endeavouring to raiſe money upon the Lord Artic. 25.
Mayor and City of London ; and that for their not complying, they deſerved
to be put to Fine and Ranſom.
To this tlie Lord Treaſurer Biſhop Williams depoſed, That Ship-money Lord Treaſurer.
coming in very ſlowly, they were forced to take out great Sums to furniſh the
Fleet out of the Money provided for the Army, and my Lord Strafford ſaid,
That if it were not repaid the Army would be deſtitute, and therefore
adviſed the Ship-Money might go on vigorouſly to repay it,
Sir Tho. Wiſeman depoſed, That the Aldermen being called before their Sir Thomas
Lordſhips about the Loan, my Lord Strafford ſaid, They would never do vileman.
their Duty well, till they were put to Fine and Ranſom; and to His
Majeſty, You will have no good of this man, meaning, as he ſuppoſes, the
Lord Mayor, till he be laid by the heels: but whether about Loan or Ship-
money that was fpoken, he remembers not.
The Earl of Berkſhire depoſed, That the King defiring to borrow Earl of Berks.
Money upon good Security at 8.per Cent. and the Aldermen Excuſing them-
Selves fór nominating who were able to lend in their ſeveral Wards, my Lord
Strafford ſaid, Gentlemen, in my Opinion you may be liable to Fine
and Ranſom for refuſing the King's Command in not certifying the
Names.
Sir H. Garaway depoſed, That being Lord Mayor, he attended the Coun-Sir Henry Ga.
cil about Ship-Money, informing His Majeſty, That the Willing Men had raway.
only paid the Money, and they thought it unequal others ſhould go free; That
it was the Opinion of the City, That a Writ for Ship-Money and a Writ
for a Parliament did not agree; and that they found People generally averſe
to it: whereupon my Lord Strafford ſaid to the King, Sir, you will never
on this Man, till you have made him an Example, he is too
diffident ; (or to that purpoſe) unleſs you commit him, you ſhall do no
good upon him : And about the Loan-Money, deſiring to be spared in ſet-
ing a Rate on Mens Éſtates, the Earl ſaid to the King, Sir, you will never
do good of theſe Citizens of London, till you have made Examples of
ſome of the Aldermen; to his beſt remembrance he ſaid, Unleſs you
hang up ſome of them, you will do no good upon them; this he ſpake
poſitively.
1
1
r
1
do good
1
fo The Earl's
The Earl replyěd, That he would speak with as much Truth, thó not
much confidence as this Gentleman ; That he muſt ſtill infiſt upon this, that Defence.
admitting it proved, it does not amount to Treaſon, nothing being proved
but by ſingle Teſtimonies; that as to Ship-money, there was a fudgment
given in the Star-Chamber, and if he was in an Error, he was led into it
by the practiſe of the Times and wiſer men than himſelf; howbeit, he doth
not juſtifie himſelf in that point, being better informed by what he hath
beard ſince, is the Judgment of thoſe to whoſe wiſdom be ſubmits
. That
in ſuch a caſe of extreme neceſſity, he might hold the Aldermen lyable to
VOL. II.
N
Fine
5
2
୨୦
An Impartial Collection of all the memorable Events
1 64 1. | Fine and Ranfom, in caſe they did xot ſubmit to the King's demands; be
wiſhes he had not spoken them but being a little Exceſs of Extrava-
gant Speech, be hopes by their Lordſhips Favour it may be extuſed; and
God forbid for every ſuch 'Exceſs a man ſhould be Arraigned for Ireaſon ;
for otherwiſe few would Eſcape the Danger of haſty words : for the words
about hanging them up, My Lord Major at firſt ſaid it to the beſt of his
remembrance, and afterwards abſolutely, And he ſayes to the beſt of his
remembrance he did not ſpeak them; and if he did, being ſpoken in ſo good
Company, ſome of their Lordſhips would have remembred them. And
however it ſtands with him now, before theſe misfortunes befel him he was
equally to be Credited with this Gentleman ; all the difference being, one
Jayes itąthe other denies it; and that at moſt being a haſty word, and excuſable
in a free ſpoken man,as he was, and who ſmarts for it, be haped their Lord-
ſhips Honour and Juſtice will rather Excuſe then puniſh it,
Mr. Maynard replyed, The Committee ſhall need to ſay little to this An-
Swer, but that ſuch words compared with his other words and Actions, pro-
Reply.
ceed not from paſſion but Principles to do all things by his Will againſt Law;
and that
ту
Lord knew theſe things, and eſpecially the Ship-money were a-
gainſt Law, himſelf having ſo great a hand in the Petition of Right.
Mr Glyn added, That whereas my Lord thinks it hard to be queſlioned
for haſty words as High-Treaſon, their Lordſhips may remember how for
words concerning Treading on his Toe he proſecuted the Lord Mountnor-
ris as far as to Life.
Managers
Artic. 26.
Rob. Edwards.
+
They next procecded to the Charge in the 26 Article, concerning
ſeizing the money in the Mint, and Embaſing of Coyn.
To
prove
this Robert Edwards ſworn, depoſed, That going to repre-
ſent to him the Inconvenience of the ſeiſure of their Money in the Tower,
and that ſome Forreigners being concerned in it, the Merchants Eſtates a-
broad upon their Complaint would be ſeized, my Lord anſwered, That if they
fared amiſs, they might thank themſelves; and though they think it ſo
ſtrange here, yet beyond Sea it is not ſo, but on Commands men have
their Goods taken: and touching the City he ſaid, They dealt unthank-
fully with the King, there being 14000 l. due for Ship-money, which
they denied, and did more to maintain Rebels, than to maintain his
Majeſty. Being bid repeat it, he ſaid upon their Petition to my Lord about
the Money in the
Tower, the Earl ſaid, "That if they did ſpeed amiſs, they
might thank themſelves, for they were more ready to hold with Rebels
than to give the King his due, which was 14000 l. Ship money ; that
ту
Lord was ſick and fate in his Chair, ſaid, That he knew nothing of it
till that morning
Anthony Palmer ſworn, depoſed, That in diſcourſe with my Lord about
baſe money, and giving him reaſons againſt it, be ſhewed him and the other
Officers of the Mint a Letter ſent him out of France, and read it in Eng.
liſh, That the French King had appointed Officers to view mens books and
accompts to know what the King might demand of them and force them to pay;
and ſomething to this purpoſe, That it was an Example, or might be an
Example to do the like in England.
Lord Cottington, Sir William Parkhurſt and Mr. Gogan being Pre-
ſent. Mr. Gogan ſworn, depoſed to the ſame Effect; and that he ſaid to
my Lord Cottington, My Lord, this is worthy your Conſideration,
or hearing, or to that purpoſe.
Anti Palmer.
Henry Gogan.
4
Sir
1
}
1
!
from the Scotch Rebellion to the King's Murther.
91
Sir William Parkhurjt ſworn, depoſed, That they were diſcourſed about
I 641.
the Copper money made for Ireland in Queen Elizabeth's time, and ſkewed Sir william
them ſuch a Letter, and read the contents in Engliſh, as before expreſſed, Parkhurſi.
but further be heard him not ſay, nor any thing as expreſſed to the Lord
Cortington, or that if the King should do so he ſhould follow the Example
of other Princess
Sir Ralph Free
Sir Ralph Freemax ſworn, depoſed, That in a Debate about Copper-re
.
money, be ſaying the workmen vould not work if paid in that money, my
Lord replyed, You know what courſe to take with them, you may ſend
them to the Houſe of Correction.
The Examination of Mr. Thomas Skinner was read, he being not pre-
ſent, and my Lord having a Liberty reſerved to Croſs-Examine him,
he in his Examination, about the ſeiſure of the Bullion, applying with
others to my Lord, he told them he knew not of it till that morning,
and that it was no news in other countries where Princes made uſe of ſuch
wayes to ſerve their Occaſions ; and in Effect about the Cities ingratitude
&c. as the other Witrielles.
#
I
1
:
:
1
To this he anſwered, after ſome Recollection,That for that part which the Eart's
would have been the principal part of the Charge, concerning his Appro- Anſwer.
ving, Counſelling or Deviſing theſe' Projets, there was no proef offered,
and that the Teſtimony of the Witneſſes acquits him; for the’undutifulneſs
of the City the proofs are full, and fuller then any thing of the Charge ſince
his Tryal began; that at that tinie he thought to, but ſince he is of
another Opinion , and expreſſed himſelf ſo at the Council of Peers
at York, upon the Cities lending the King 200000 l. and that he would
ſerve them with his Life. For the French Letter, and what was ſaid to
the Lord Cottington, Mr. Gogan is fingular in his Teſtimony; this Let-
ter he received from the Lord of Leiceſter, which mentioned how the Car-
dinal had given directions to go into the Houſes of diverſe Merchants in
Paris: &c. and having read it, ſaid; You ſee what is done in other
places, but God be thanked you have fo Pious and Gracious a King,
chat he thinks on none of theſe things.
My Lord Cottington being interrogated ſaid he knew nothing of the Let-
ter, nor ever heard of it, but becauſe he would recall it, he ſpake with
Sir William Parkhurit and Mr. Palmer, they told him that while my Lord
was reading the Letter he was in another Room writing. From whence my
Lord concluded, That having told their Lordſhips the truth clearly, under
Favour of theſe Gentlemen, he thought nothing can incline one way or other to
be ax Accuſation of High Treaſon.
Mr. Maynard replyed, That his words concerning the Great City of the Managers Re-
Kingdom was no ſuch ſlight thing.
Mr. Stroud added, That whereas my Lord ſayes Words only are laid to
his Charge, words may be Treaſon and more dangerous than ſome Aktions,
ſuch were
his Counſelling the King and Provoking him to Tyrannical Actions
to his Subjects; but my Lord ſtayes not here
, for Four Aldermen were
Committed that day he gave the Counſel, concluding, That his words and
Actions agree in this Kingdom, and the miſeries of this Kingdom do agree
with his words and Actions.
Mr. Maynard proceeded to the 2716
) Article, of the Earl's Lovying Artíc. 27.
Money in Yorkſhire, and threatning the Refuſers, to take ſatisfaction ont
of their Goods, and that to refuſe,was little ſhort of High Treaſon.
Vol. II.
First
1
V
ply.
2.7...
N 2
$
+
5
T
92
An Impartial Collection of all the memorable Events
Firſt the Petition of the Gentlemen of the County of Tork was read
in theſe words.
1 6 4 I.
1
1
A
1
Gentlemen.
..
i
:
-
*
1
3
The Petition, WHereas Your Majeſty imparted to us the danger, by the incurſions of the
Scots, and the neceſſity of continuing the Trained-Bands of this County
in entertainment for two months,& raiſing Money ſo long,and did Royally aſſure
us, That the Wardſhips of ſuch as dyed in this Imployment, ſhould be freed, and
one third part of the Trained-Bands ſhould be abated, for which we acknow-
ledge our bounden thankfulneſs, in ready obedience of Your Majeſties Command,
we have repreſented to Your Majeſty our preſent Condition, and in the en-
trance of the buſineſs, we found a great impediment and diſcouragement, by cer-
tain Warrants produced for levying Money, towards this new ſervice, whicrein
in the firſt place, we cannot omit to let your Majeſty know, the great grief we
liave, in that the County is there charged with 'diſaffection and backwardneſs
therein, which as we are confident, we never were guilty of, ſo we were in
good hope, your Majeſty had received no ſuch Impreſſion of us. And in the next
place, we find oár ſelves much grieved, that the execution of ſuch Warrants,
which we conceive illegal, ſhould be concluded and urged on peril of life; not-
withſtanding the ſtrictneſs of which Warrants, we find divers parts of the Coun-
ty have not been able to pay the Money demanded, and from thence, and the
atteſtation of divers Gentlemen, we are aſſured the ſcarcity of Money is ſuch,
that
it is diſabled from ſatisfying your expectation therein; And that YourMajeſty
may know it is no pretence, but a real poverty; we are bold to repreſent the
Charges, viz of
Ship-Money.
Vast expences the last year in Military affairs.
The Billeting and Inſolency of Soldiers this Summer, part of the time on the credit
of the County:
Decay of Trade.
Stop of Markets.
Charge of Carriages, eſpecially in Harvest, by which means, not only the common
people, but most of the Gentry, by the failing of Rents, are mueb impoveriſhed.
And therefore we petition Your Majeſty, You will accept our endeavour, to
prevail with the Country to raiſe ſo muchMoney,as will pay the County one whole
month, from their firſt riſing, within which time, ( as is generally reported)
Your Majeſty hath Commanded the attendance of the Peers, to conſult for the
ſafety of the Kingdom, and pray the Trained-Bands may be continued in the
Villages, where they are Quartered, except Your. occaſions otherwiſe require
it, and in the interim, for the redreſs of theſe Grievances, and ſecurity of Your
Kingdom, Your Majeſty will pleaſe, to Declare Your Pleaſure for ſummoning
the High Court of Parliament, &c.
This Petition Sir Philip Stapleton depoſed upon Oath, to be the true
Sir Philip Sta-
Petition. Then Sir Hugla Cholmley depoſed, That according to the de-
pletan.
Sir Hugh
fire of the Gentlemen, this Petition was by the Lord Wharton
delivered to
cholmley. the Earl
, who took Exception at their Petitioning for a Parliament, and
Said, Leaving out that Clauſe he would joyn with them in that Peti-
tion.
Sir Henry Cholmley depoſed, That informing my Lord that notwith-
Sir Hen. Cbolm.
ley. ſtanding the Warrants; Mony came not in, and that unleſs he had mo .
ney ſhortly the Regiment of which he was Colonel, would disband;
his Lordſhip told him, he would ſend a Levy on the goods of thoſe that
refuſed; but knows not whether ſuch Levies were fent.
Sir John Ho.
tbag.
Sir Folın Hotham depoſed much to the-fame Effect.
Sir Pbilip Sts.
Sir Philip Stapleton depoſed, That the Gentry upon the King's Summons
pleton. being met, drew the Petition to which there were too bands, and that the
Eari
;
t
i
1
1
1
I
I
i
.!
1
Lord wharton.
from the Scotch Rebellion'to the King's Murther 93
Earl refuſed to deliver it, unleſs the concluding clauſe were left out ; but
1.6.4.1.
moſt of them reſolved to stand.to that Petition, and many went out of Town,
not doubting the delivery of it. My Lord put it to the Vote, where there
were many Papiſts, and on the Vote delivered an Anſwer,what he knows. not ;
for he ſtayed behind to draw another Petition and humble Proteſtation to
his Majeſty; that this Petition was the Anſwer of the Countrey.
Lord Wharton depoſed, That attending my Lord Strafford with this
Petition, he refuſed to deliver it upon the Exception before mentioned; that
divers of the Gentlemen that were there would not go back, from that with
which ſo much hamility and reaſon they thought was deſired; thereupon my
Lord went to the King ; but they who thought not fit to alter the Petition
went not with him, and what he ſaid, he knows not.
Then this following Warrant of Sir William Pennyman's was produ.
ced, and he owning it, and it being, not.in Accuſation of himſelf, but
grounded on my Lord Strafford's Command for Levying money, it
was read.
MW
I
TE
HIS
hi
Sir william
To the Conſtable of Sergeant-Major Taworthe’s Company.
W
Hereas the Lord Lieutenant-General of his 'Majeſties Army, by Pennymar's
His Majeſties Command, fent forth Warrants to the Conſtable of warrant.
this Weapontake of Longborough, for Collecting and Paying the Soldiers
of my Regiment, Six weeks pay, to be delivered from my hands, which is
not yet received from, &c.
Theſe are therefore once more in his Majeſties Name, to Will and Require
you forthwith, to pay,or cauſe to be paid to the ſaid Sergeant-Major,the ſeve-
ral Rates and Proportions, both of the Firſt and Second Contribution
Alelled on your Town, &c. And if any Perſon or Perſons ſhall refuſe ſo 'tó
do, you are inſtantly on receit hereof, to bring him or them, &c. to ſerve
in their own Perſons, for the defence of this County, as the receſſity of this
Cauſe requires; And hereof, &c. fail not 19 Octob. 1640.
William Pennyman.
2
4
TIM
10.15, That
Sir H. Griffin
1
To this Sir William depoſed, That he cannot ſay whether the first
Warrant was iſſued by the Vice-Preſident, or whether any was iſſued by my
Lord Strafford's direction ; And being again and again urged to ſpeak
poſitively and Categorically, he ſaid, he did verily believe the groundof
.
the Warrant of the Deputy-Lieutenants to Levy money on the Countrey,
my
Lord told them, That he had acquainted the Lords of the
great Council and his Majeſty, and that he did it by their conſent ; but
he was out of the room when it was drawn,only Mr. Rockly a Deputy-Lieu-
tenant told him ſo
Sir Henry Griffin depoſed, That be heard my Lord ſay, That he had
direction from the great Council to Levy money for Sir William Penxy-
man and Sir Thomas Danby's Regiments, and that by a clauſe in the Or-
der the Refuſers were to be compelled to ſerve in perſon.
Sir Robert Strickland ſworn, depoſed the ſame.
Sir folvi Burroughs ſworn, depoſed, That upon the 20th of October, Strickland
.
Mr. Robert Strickland and Mr. Mallard coming as he thinks to tender their Sir John Bura
ſervices to the Lords,among other diſcourſe,mentioned
ſome Order concerning
the relievingthe two Regiments for the Guard of Richmonſhire, and that
thereupon themſelves, my Lord Strafford, and the reſt of the Deputy-Lieu
Sir Robert
youghs.
1
tenants
h
1
.
.
1
1
1
94 An Impartial Colle&tion of all the memorable Events
I 641. j tenants had granted Warrants for the allelling Morey; at this the Lord's
were startled, and commanded him to inform them if there were any
Such Order ; he told them, (being, Clerk) That he remembred none,
nor drew up any; The Lords deſired thoſe 2 Gentlemen to give them Copies
of thoſe Warrants they had ſent out, and that Sir John ſhould take their
Teſtimony; which he did. My Lord of Strafford did take notice that:
fome ſuch thing had been done at Rippon, and ſaid then to the Lords, That
he did conceive he had the King's Order and their Lordſhips approba-
tion for the iſſuing out of this Warrant; but ſince he conceives their
Lordſhips diſliked it, and had taken. Copies of it
, he was very willing
to withdraw theſe Warrants. And this was on the laſt day of the great
Council
, but that my Lord-Deputy appealed to the King, and the King
ſaid, he did acquaint him with it before the Lords, but that the Lords
abſolutely declined the making any ſuch Warrants, and were generally
againſt it.
Mr. H.Cholmley.
Mr. Henry Cholmley ſworn, depoſed, That my Lord ſaid, That the
Cuſtom was, that private men ſhould ſerve in Perſon in the Trainbands, or
maintain the Charge of them, and the Common-mens Charge is born by the Con-
Stables of the Town whence they come ; and told the King, Sir, if you pleaſe
Mr. Vice-Preſident may, or ſhall, ſend out Warrants to this purpoſe
.
will. Domſen.
William Dowſen depoſed, That Mr. Yaworth, Sir William Penny-
man's Major, came with 4 Musketeers to Egton, Çext for the Allefors,
who being unwilling to aleſs
, he told them they ſhould anſwer it before my
Lord General
, and ſhewed a Warrant from Sir William Pennyman, but
he did not ſee it; but 2 Musketeers went with each Conſtable to Levy the
money.
William Pierſon depoſed the ſame, And that he ſaw Sir William Pen-
will. Pierfon.
nyman's name to the Warrant, and that in the Town 4 Musketeers went
with the Conſtable.
Sir William Ingram depoſed, That inquiring of my Lord Strafford how
the Soldiers muſt be maintained, my Lord told him the private men muit
maintain their Soldiers at 8 d. per diem, or elſe he would commit them,
and the Soldiers ſhould be maintained at that Rate out of their Eſtates;
and if any refuſed to pay their Aſſeſſment, they ſhould be committed
to Priſon and lye there ; and he would have all men to know, that re-
fuſed to pay ſuch Contribution, that they were in little better Conditi
on then guilty of High Treaſon.
Sir Henry Griffin depoſed, That his Regiment advancing, he received
Griffio. 300 l. on the Aſeſment by virtue of this Warrant, but more they could
not, nor would not pay; upon which complaining to my Lord. he told him,
he would take a Courſe ; and my Lord did grant forth his Warrant, and
Sent a Meſenger from Conſtable to Constable, and all was paid, and for ought
he knows voluntarily.
Sir Hugh Cholmley depoſed, That of thoſe who ſtaid with my Lord
Strafford and joyned in the latter Petition, they took a Note of above twen.
ty that the Countrey had an opinion of, that they were Papiſts
, or men af
feeted that way; but whether convict or not, becould not teli
.
After ſome little time of Recollection the Earl made his Defence, That
as to the Petition whereas they were to meet together, and he having ſome
poor Intereſt in the countrey
, and not being made acquainted with the draw
ing of it, but it was done privately, be appeals to their Lordſhips, whe-
ther he who was made a Stranger to the beginning of it, should be over
officious
,
Sir Villiam
Ingram.
1
Sir Henry
Sir Hugh
Cbomley.
1
The Earl's Deo
fence.
1
1
I 641
a
+
from the Scotch Rebellion to the King's Murther.
95
officious to ſerve them in the Concluſion; he acknowledges he did diſadviſe the
4
lu
Clauſe about Petitioning for a Parliament, not out of averſion to Parlia-
ments, for he told them at the meeting of the Great Council, his Majeſty
would be pleaſed to call a Parliament,and that their Petition world neither
further nör binder it, and therefore might be forbory, and the King left free
in his Acts of Grace to bis Peaple, that he might have all the Honour of it
to himſelf, and it ſhould proceed from his own Goodneſs and Royal Breaſt,
not as adviſed to it by any others, thereby to apply the Affections and Gra-
titude of the People to his Majeſty.
As to the ſecond Melage and raiſing a Tax without larful Warrant, he
Said, That on Debate of the buſineſs, of 200 preſent, not above 3 or 4
Diſſented, but that they did totally lay aſide the Petition, and gave
him Commiſion to ſignifie to bis Majeſty how willing they were to contri-
bute a Months pay to the Train Bands which he did faithfully deliver,
and named divers who.gave their conſent who were free from the impu-
tation of Popery as any in the County:
To this Sir Paul Neal was Examined, Who atteſted it was accord- Sir Paul Neal.
ing to the Account his Lordſhip had given that if he thinks 200 Gentlemen
Except 4 or 5 he dares ſwear not 10 the whole Vote of the Company was that
it should be delivered according to the ſubſtance of the Petition, the laſt
Clauſe left out.
Sir Edward Osborn averred, That all but about Tew did conſent to a Sir Edward;
Months pay and to leave out the Clauſe, and not above 4 or 5 Gentle-Osborn.
men opened their mouths againſt this conſent in words, their hearts he
knows not.
Sir William Pennyman atteſted the fame, And that divers who hadi
Set their hands to the Pétition did retra£t it, himſelf for one, and feve- Pennyman
.
ral Members of the Houſe whom he would name if their Lordſhips
thought fit, but it was waved, and as Sir Edward Osborn Said, be-
fore the Crowd was ſo great that at the delivery of the Meſage by my
Lord to the King he could not come near to hear, whence my Lord obſerved
it was not done in a Corner when Perſons of their quality could not come
near.
Sir William Savil atteſted the ſame, in effect as to retracting the Pe- Sit will. Savil.
tition,the number of Diſenters, and that my Lord delivered it in his hearing
faithfully to his Majeſty,and with much more advantage then the Petition
was drawn, and that he believes verily a months pay was the intention of
them all, and where he lived it was paid very willingly and no complaints
of want of Money. Sir William Pennyman, Sir Edward Osborn atteſt-
ed to that point.
Sir Edward Rhodes atteſted much to the fame purpoſe, And that the Sir Ed. Rhodes:
Hall being appointed for the place of Debate of this Affair, My Lord
Strafford took notice that he was not fairly dealt with to have a Petition
draws without his conſent and the buſineſs concluded before the time and
out of the place appointed, and that of 3000 Gentlemen' he thinks not so
many as 20 did diſaſſent.
Sir Thomas Danby atteſted the ſame, only upon Mr. Maynard's que-sir Tbo. Dabby.
ſtion, Whether two Soldiers were not hangʻd for mutinying for want of
pay? which they would not have done, if they had been well paid, Sir
Thomas anſwered, he could not speak to that without prejudice to hin-
Self he being questioned for hanging men by Martial Law.
Sir
Sir william
1
N
+
1
.
1
1
1
96
I 64 1.
*Sir George
Wentworth.
1
-M.
1
1
An Impartial Collection of all the memorable Events
Sir George Wentworth of Woolley atteſted the ſame, As to retracting the
Petition, and my Lords delivering it by word of mouth, &c.
My Lord then proceeded to the matter of Sir William Pennyman's
Warrant, and declared, That upon the complaint of thoſe who maintained
the 2 Regiments at Yarum and Richmondſhire, deſiring that common
Juſtice might be done in the common misfortune, be did, divers of the
Lords being at Rippon, humbly
, preſent to the King and great Council
of Peers ať York, That it was Juſtice and Reaſon, that the reſt of the
Countrey ſhould contribute towards the Charge for the common benefit, or
elſe ſucceſſively relieve thoſe Regiments; this he moving, his Majeſty was
pleaſed to allent and gave direction he ſhould proceed; upon which be ſaid,
Then if my Lords approve of it, I ſhall ſee it done accordingly.
That divers of the Lords ſaid Tes, and he took it for granted; but un-
derſtanding that ſome of their Lordſhips at Rippon were diſatisfied that it
was ſaid to be the Act of the Great Council, the laſt day they met he gave
an account of it, and moved the King to know whether the Warrant ſhould
be recalled, and
ſome Lords ſaying the Great Council had no power to Levy
money ; to which he anſwered, the Warrant was not to levy money, but to
enjoyn the Parties to do their Duties, or pay the money : at which time the
King was pleaſed to Command him to go on, and no perſon Spake to the cox-
trary, which he took for conſent ; that all he got by it was to have his own
Tenants charged, who otherwiſe would not have paid a Farthing, and that
it was done for the eaſe of the Countrey, and to taken, it being much more
for their Eaſe to pay that money, then to relieve thoſe Regiments, ſome of
them being to march 70 Miles, Sir Edward Osborn, Sir William Penny-
man and Mr. Roger Strickland atteſted this, and that by all parties it was
look’t upon as an Eafe and Benefit." As for Sir Edward Osborn's Warrant
and Mr. Yoward's and the Musketteers, he made no Warrant; gave no di-
rections.
But he conceives he hath done nothing but that he was impow'red by his
Commiſſion, a Clauſe of which was, For the better Execution of this our
Commiſſion, We do further give and grant to you full power and Au-
thority from time to time, and at all times at your diſcretion, to com-
mand and require of and from all our Lieutenants and Deputy-Lieu-
tenants in our ſeveral Counties of this our Realm and Dominion of
Wales, and of and from every or any of them, to ſend to you, or ſuch
place as you ſhall appoint, ſuch number of able men for War, as well Horſe-
men as Foot-men in the ſaid Counties reſpectively, or otherwiſe ſufficiently
Armed and furniſhed, as you in your diſcretion ſhall appoint and re.
quire.
And he did not ſend to pay money, but to relieve them by turns ;
they found it for their Eaſé, they might do their duty, which by. Common
Allegiance is due, or be at the Charge to have it done for them.
And then he inſiſted upon another Clauſe which is according to the
Statute of 1 H. 7. in theſe words.
And further, Our pleaſure is, and we do give and grant for us our
Heirs and Succeffors, That whatſoever you, or any other perſon or
perſons of what degree foever, by your Commiſſion, Warrant or Com-
mand fall do by Virtue of this Our Commiſſion or Letters Patents,
or according to the Inſtructions aforeſaid, or the purport of this Our
Commiſſion touching the Execution of the Premiſſes, both you and the
ſaid perſons in ſhewing forth theſe our Letters Patents, or the Conſtat,or
Inrollment thereof, ihall be diſcharged and acquitted againſt Us, Our
Heir
and"
if
1
1
+
+
1
A
1
I
T
Part of the
from the Scotch Rebellion to the King's Murther. 97
Heirs and Succeſſors, and freed from all Impeachment and other mole-1 1 6 4 1.
ſtation for the ſame. And therefore if he erred, he hopes he is to be Ex-
cuſed; for this purpoſe citing part of the Statute of in H.7..
He King, our Soveraign Lord, recalling to his Remembrance the
Duty and Allegiance of His Subjects, and that they, by reaſon of Statúte of li
the ſame, are bound to ſerve the King for the time to.come in His H. 7
Wars, against every Rebellion, and Power, and Might , &cand
whatſoever falls againſt the mind of the Prince; and, that it is an
gainſt all Law, Reaſon and Carſcience, that attending His Perſon ;
or being in other places of His Command, any frould loſe or forfeit
for doing their true Service and Obedience. Be it therefore Enact-
ed, &c. That from herceforth , no manner of Perſon, or Perfors
whatſoever, that attends the King in His Perſon, and do Him true
Allegiance in His Perſon , or be in other places in His Wars , for
the ſaid Deed, or true Duty, he and they ſhall be any way convict-
ed, and Attainted of Treaſon, nor of any other Offence by any Pro-
ceſs of Law, whereby he ſhall forfeit Lands, Goods., Tenements, &c
and shall be for that Deed and Service utterly diſcharged of any Vexa.
tion, &c.
may Err,
ply:
1
So that, as he conceives, having done nothing but for the good of his
Majeſtie's Service, the preſervation of the Countrey, whatever he may
have offended, he hopes by the Act of Parliament and his Commiſſion, he
may appear to their Lordſhips Juſtice and Compaſſion to a man that
acquitted of the Charge of High. Treaſon. For the words, That Refu-
ſers were guilty of little leſs then High-Treaſon, that taking it, as he
ſaid for a denial of Common Allegiance, it is no ſmall Crime, but it is only
a ſingle Teſtimony; for which he takes himſelf not to be accomptable.
Mr. Maynard replyed, That he had in ſtating his Caſe encreaſed not Managers Re-
diminiſhed
his Fault:for that the conſent of ſome Gentlemen and Free-holders
could not hind the reſt, and it is no legal way to raiſe money by Warrant,
much leſs by Force ;. That he had no conſent of the Lords for what he did,
as he pretended. His Conmiſion ſpeaks not of money, and the Statute is
not to his Cafe,it being for ſervice on their Allegiance due to the King; and
levying Money Illegally, is no part of that ſervice; That he did not firſt re-
quire men to ſerve, but firſt pay ; and if not, menaces them with Services
as appears by the Warrants; And to the ſingle teſtimony of Sir William
Ingras
cim concerning Treaſon for non-payment, they produced Mr. Cholm-
ley, who depoſed, That his Lordſhip ſaid, We are all tyed to ſerve the Mr. Henry,
King in our own Perſons , and they that refuſe are in little better cafe then
Treaſon, and puniſhable in the Star-Chamber. And as he ſayes the War-
rants were not his, it is evident they were by his Command.
Mr. Whitlock obſerved,That what my Lord pleads in bis Juſtification,are
ſufficient grounds for his condemnation; for affirming, neceſity abſolves the
King from Rules of Government, and that ſubje&ts may be taxed without af
.
Sent of Parliament, are expreſsly against the Fundamental Laws, and a
Courſe to introduce Arbitrary Government.
My Lord deſired to speak to Mr. Cholmley's Evidence which was new
matter, which he ſaid" differed from Sir William Ingram's; One Sayes,
if money were not paid, iť was little better, &c, the other, he that
VOL. II.
O
denies)
Cbolmley.
Y
l
i
V.
1
1
VVH
Sir Edward
rant for Levy.
ing money
98 An Impartial Collection of all the memorable Events
1 641. denies his Allegiance, is in little better cafe than Treaſon and puniſhable ;
and for the aſſuming by his Commiſſion to raiſe Taxes, God forbid he ſhould
ſay or think ſuch a thing, but only to call men to perform their Duty for pre-
ſervation of the King and Countrey. He offered then ſomething as to Sir Wil-
liam Penyman's Warrantzipbich ke ſaid was iſſued by him and the Deputy-
Lieutenants.
Mr. Maynard-replyed, This was "no colour of anſwer, becauſe a Man
muſt
ſerve in perfon, therefore money muſt be required, elſe he muſt be brought
by head and ſhoulders to ſerve in perſon, and offered a Warrant of Sir
Edward Osborn's, made upon peril of Life, and that all that can be im-
priſonment, levying money, charging upon peril of life, levying of Goods,
hath been put upon the Subjeci.
Mr.. Glyn added , That the dire&tion was his, the execution others;
that Gogan 5.R. 2.was accuſed of Treaſon, for forcing a man to enter into Bond,
which is not ſo much as forcing payments on the King's Subjects.
Then Sir Edward Osborn's Warrant was read, atteſted byMr. Cholmley to
be the Original in theſe words.
Hereas His Majeſty is informed, that the Regiment under
Command of Colonel Cholmley is ſet forth with little Money,
Osborn's War- which expreſſes great diſaffection to His Majeſties ſervice, and wilfui neg-
lect of your own, and the whole Kingdoms Safety; the Scotch Army kaving
taken Newcaſtle, and being on their march towards theſe parts : Theſe are
therefore to Will and require you in His Majeſtie's Name, and by His fpe-
cial Command, to raiſe, and cauſe to be raiſed by the Port Conſtable or
otherwiſe as you ſhall think bell, the ſumm of 20 s. 8d. at leaſt for each com-
mon Soldier's belonging to ſuchTowns or Pariſhes, & to ſend the
ſame immediate-
ly to York, to be delivered to the Colonel, for Pay and Supply of the ſaid
Soldiers and likewiſe to charge and command all and every perjon and perſons,
who find private Arins, or contribute thereunto, forthwiths to ſend the like
ſumin at leaſt to York, to be diſpoſed as aforeſaid; And in caſe any of them
refuſe to contribute, you are required by like Command, to certifie me the
Names of ſuch refuſers, that a Meſſenger may be ſent to bring them hither to
ſerve in perſon,and be ſeverely puniſhed, according to the Quality of ſo high an
offence, Jeeing the ſafety of His Majeſtie's Perſon, and the ſafety of the
Kingdom depends où this; Fail not in the ſpeedy execution thereof, as you will
anſwer to the contrary, on peril of your life. Dated the last of Auguſt
1640.
Mr. Glyn then ſaid, The* 28 Article being still belind, they
are not yet reſolved whether to proceed or not ; l'ut they deſire another day to
be heard, having ſomething more to fay; And then the Court was adjour-
ned, and the next day appointed at 8 of the Clock.
Thus far in the Trial of thisNobleLord, I have followed the traces of the
Journals, the Printed Trial by Mr. Ruſhworth, and a Manuſcript which
I have by me, which was found in the Chamber, ofa Worthy Gentleman
a. Fellow of Queens College in Cambridge, being in the times of the Per-
ſecution hid there ; for upon taking up the boards to new lay the floor
of the Room, the Work-men found it ; the Author, who ever he was,
faith he was an Eye and Ear-Witneſs to the whole Tranſaction, and
averr's his account in the Matters of Fact, to be juſt and Faithfull
.
And thereforcMr.Ruſhworth having not done intire right to theMemo-
ry of thatGreatMan,wholly omitting the further proceedings till the ſum-
1
1
1
1
-
maing up
1
A
A
1
1
Thurſdaj,
L
ܪ
1
from the Scotch Rebellion to the King's Murther.
99
up the Evidence by my Lord, and the Replies upon it, together with 1 6 4 1.
many Remarkable Circumſtances, conducing to the better underſtanding
of the Management of that affair, I thought my ſelf obliged 0:1t of the
Juſtice that is due to truth, to ſupply thoſe Omiſſions from the Relation
of the ſaid Manuſcript, and the concurrent Teſtimonies of the Journals,
and other. Papers, written and printed at that time
that time upon this
Occaſion.
Upon Thurſday thc Committee of Managers having declared, that for
ſome private Reaſons they would wave the Debate of the 28th April 8.
Article ; Sir Walter Earle offered ſome obſervations upon the 22d Article,
and deſired to be heard by their Lordſhips, conceiving they would do
much to ſtrengthen the Evidence, whereby they had endeavoured to
prove that the Earl of Strafford had real deſigns of Landing the Iriſh
Army in England, in order to prove what was charged upon him, to
the ſubduing of this Kingdom. Though, as my Author ſayes, had Sir
Walter conlulted his own Reputation, which by.ſo weak a Charge fuf-
fered more then the Earl's, againſt whom it was intended, he might with
more advantage both to himſelf and the cauſe he managed, have better
ípared his endeavours. His Reaſons were theſe:
Firſt, that it appears by the Earl's Commiſſion and Inſtructions that he had
power to Land his Army either in Wales, or in any part of England
or Scotland, according to his Diſcretion ; and from thence be inferred, that
this Clauſe was wholly
Superfluous, unleſs there had been
ſome ſuch Purpoſe or
Deſign intended.Secondly, That two dayes before the Date of the ſaidCommiſion,
Letters were diſpatched to the Earls of Bridgwater and Pembroke, from
Sir Francis Windebank Secretary of State; to aſſiſt my Lord of Worceſter
in Levying Forces for the King's Service, and theſe might well be ſuppoſed
to have been intended to joyn with the Iriſh Army upon their Landing. Thirdly,
That my Lord Ranulagh at the raiſing of the Iriſh Army, had expreſſed
Some fears of ſuch a deſign and Intention, for the imploying of that Army.
Fourthly, That the Town of Ayre in Scotland, where the Lord Strafford
pretended to Land the Iriſh Forces, was fortified with Bullwarks, a Gar-
riſon and a Block-Houſe, which would prohibit his landing there, and that
the Barr or entrance into the Haven was very dangerous and ſhallow,
That the Earl of Argyle's bounds were a great way diſtant, and divided
from thence by the Sea. The only proof of this was the reading of the
Commiſſion granted to the Earl of Strafford
To this the Earl replied, That his Commiſſion was the ſame verbatim, The Earl's De.
with my Lord of Northumberland's for England; that it was drawn up fence
.
by the Council-Board here, and ſent over to him ; ſothat it could be no worje
deſign in him then in the Earl of Northumberland, Lord General of the
Engliſh Army, nor any larger Power given him by it then to my Lord
General. That as to the Letters to the Earl's of Pembroke and Bridgwater,
this was the firſt time, that he ever heard of ſuch Letters, nor did they
concern him more then any other Mensber of the Houſe ; and for my Lord
Ranulagh, he was not bound to purge him of all his fears; that he had his
own fears too, which God forbid ſhould be evidence of Treaſon againſt any.
perſon whatſoever. That it ſeemed the Gentleman had better information
from the Kingdom of Scotland than himſelf, yet he would be confident to ſay,
there was never ſuch a thing as a Block-Houſe, nor then any Garriſon at
Aire.; but to remove all Scruples for indeed the Road or Landing place is not
there ſafe ) he declared that it was his Intention to have Landed ſome Miles
Vol II.
02
above
L1
|
inion
1
12
י
-
100 An Impartial Collection of all the memorable Events
I 641. | above Aire, and to have made himſelf Master of the Town, and then to have
made it a Magazine ; and for the Earl of Argyle's Bounds, he hoped the
Gentlemen knew, that they were not to come on foot out of Ireland, but had
Ships to waft and tranſport themſelves and that one of the Earl of Argyle's
prime Houſes at Roſneth, was within ſome few Miles of the ſame Frith.
The Lord Digby ſeeing Sir Walter Earle on ground, did handſomly
bring him off, and told the Lords, That all their proofs for that Article
were not yet ready,and that this was only a Superfætation of the Charge, and
that in ſuch a matter of Treaſon, they muſt ſometimes content themſelves to
make uſe of dark Probabilities.
Mr. Glyn then moved, That the Earl might reſume his Defences and ſumm
up the Charge, that so the Proceſs might be cloſed as to matter of
Fast.
1
ܪ
0
Friday,
April 9.
To which the Earl replyed, That in his Circumſtances all ſlackneſs was
Speed enough; that the matter touched him narrowly, in no leſs then his
Life and Eſtate, and which he valued much above them, his Honour and
Posterity, and be confeſſed he had no deſire to ride Poft ix an Affair of that
Nature and Conſequence to him; and that he did verily believe that the
Gentlemen at the Bar, if they were in his Café, would think all the time
they could obtain little enough, except their greater Abilities and abler
Jadgments could ſooner diſpatch the matter then be found himſelf able to do:
and therefore he humbly applyed himſelf to their Lordſhips, that, the Re-
mainder of that day might be granted him, to recover his wasted ſtrength,
and recolleet his Thoughts and Spirits,and that to morrow he would make his
last Reply for himſelf. This was oppoſed by the Committee,as very prejudi-
cial, Expenſive of time, and that it was only to ſpin out unneceſſary
Delayes; but after above an Hours debate, the Lords thought it con-
venient to grant his Lordſhip that Liberty,and it was Ordered he ſhould
appear the next Day.
Upon Friday morning about 8 of the Clock the Lieutenant of the
Tower, and the Gentlemen of my Lord's Chamber came to the Hall,
and gave Information to the Lords upon Oath, that the Earl was the
laſt night taken with a Violent Fit of the Stone, and that it was impoſſi-
ble for him to make his appearance, being indeed not able to ſtir out of
his Bed
The Commons ſeemed much diſſatisfied
at this diſappointment, and
Mr. Glyn ſaid, That it appeared rather an Effekt of Wilfulneſs than Weak-
neſs; for otherwiſe be might have ſent a Dr. of Phyfick to teſtifie the truth
of the matter.
But the Lord Steward made anſwer , That poſſibly. a Dr.could not be
procured ſo early in the morning, nor was it poſſible for any Phyfatian to give
a certain Judgment concerning a man's diſability by the Stone, becauſe their
is no outward ſymptom that appears.
Mr. Glyn then moved, That if he did not appear on Saturday morning,
he ſhould loſe the Priviledg of Speaking any thing further in his own Defence
afterwards
, and that they might be permitted to proceed.
The Lord Steward replyed, That the Lords had appointed Four of
their Number, to go to the Tower, and learn the true cauſe of the Eart's
Staj ; and that if by any means he were able, he ſhauld be obliged to ap-
pear this day ; if not, Humanity and Common Equity would excuſe him.
1
Tle
1
1
t
1
6
4 I.
4
1
1
from the Scotch Rebellion to tbe King's Murther. I01
The Commons were it ſeems very uneaſy at this delay, for re-
forting to their Houſe after Noon, a Conference was reſolved upon with
the Lords, the Heads of which were, That Mr. Pym lhculd repreſent to
their Lordſhips the pretiouſneſs
, of time, conſidering the great_neceſſities of
the Kingdom, how much time hath already been ſpent in this Tryal, and if
more ſhould, how prejudicial it might prove to the Kingdom; and therefore
to deſire that to morrow may be a peremptory Day for the Earl to be heard
if he will come ; otherwiſe that the Committee may proceed to the Reply
cation on the whole matter ; and the Earl to be abſolutely concluded , for
Jaying any more to the matter of Fa&i.
To this the Lords anſwered by Meſſage by Baron Henden and Mr.
Heath, That they have conſidered of the Meſſage, and Refotved, That if
the Earl of Stratford come tomorrow morning he may proceed according to the
Former Order; if he comes not, that then the Commons may proceed to
Summ up the Evidence as to matter of Fait, and the Earl of Strafford to
be concluded asto matter of Fa£t.
Some Lords went by Order to the Tower, who at their return certifi-
ed, That they found two Phyſítians with him, of whom they inquired, whe-
ther the ſtate of his health would without danger of his Life permit him to
appear the next day at the Hall; who informed them, That he had been
very ill, but yet they judged he might appear.
In the Afternoon a Rumor was ſpread abroad the Town that he was
Dead ; at which, ſome who were Strangers to his Merit and Innocence,
ſeemed Exceedingly to rejoyce, ſo ſtrangely doth the Fickle Genius of
the Populace ſeem to delight it ſelf with the Calamities and Misfortunes
even of the greateſt Perſonages, and whilít weak underſtandings and
ſtrong Prejudices filled them with Fears, Jealouſies, and apprehenſions
of Dangers from the Life of this Noble Innocent, they ſeemed ſo deſi-
rous of his Death as by their wiſhes to anticipate his Fate.
Upon Satarday he appeared at the Bar, expecting when he ſhould be Saturday ,
cominanded to ſumm up his Defence in order to the Commons Replica- April 30.
tion, when Mr. Glyn begun to offer ſome new proof concerning the 23d,
Article; but this the Earl oppoſed alledging the Proceſs was already cloſed,
and that by the Order of the Lord's, who had given him notice that he was
now to anſwer and make his laſt Defence as to the Charge in matter of fact,
or otherwiſe to be concladed.
Mr. Glyn replied, That the Proceſs was not cloſed ſo long as the evidence
was not ſummed up, and that it did not become a Priſoner at the Bar to pre-
ſcribe a method to the proceedings of the Commons of England. To this the
Earl anſwered, That he thought it ſtood him in hand as nearly to defend bis
life, as it did any perſons to purſue it; Yet he was willing they ſhould
bring in new Proofs, provided that he were allowed the Liberty to make re-
plies, and make uſe of ſome new Witneſſes in ſome Articles that concerned his
Juſtification.
The Lord Newark upon this conteſt moved that the Lords might
Adjourn to their own Houſe
, to take theſe things into conſideration ; which
they did accordingly,and the matter being ſtrongly Debated, the Judges The Judges
Opinions were conſulted in it, and upon conſultation gave this Reſoluti- opinion.
on, That according to the Courſe and Practice of Common Fuſtice before them
in their ſeveral Courts, upon Tryals by Fury, ſo long as the Priſoner is at
the Bar, and the Fury not ſent away, either ſide way give their Evidence,
and Examine Witneſſes to diſcover Truth.
After
71
1
1
IO 2
عصمت
7
An Impartial Colle&tion of all the memorable Events
1 641.
After near two hours ſtay, the Lord's returned, and the Lord Steward
U commanded the Order, which they had agrecd upon, to be read; which
was to this effect.
That it was granted to the Committee for the Commons to bring in new
Proof concerning the 2 3d Article, ſo they conceived in Juſtice they could not
deny the Lord Strafford liberty to make his reply and examin Witneſſes;
and that if they were ready,he ſhould
produce them; And that if they went to no
other Articles, reither ſhould his Lordſiip; lur if they did, that then be
might have the ſame freedom.according to Common Fuſtice to offer what he
had further to any other Articles.
The Committee conſtrued the Order in favour of themſelves, and de-
clined all the other Articles except the 23d.concluding,that the Earl was
reſtrained by it from all Articles but that. On the other ſide he ſaid, That
he conceived the Order was for bim, and that ſince they had pick’t out their
Article it was againſt Common Equity to tye up his hands, and not admit of
a Common Rule for them both.
They replyed, That when that Article was proſecuted, they had reſer-
ved their further Witneſs till another time. He anſwered, That he had
done the ſame upon every Article, the time for procuring his Witnelles from
Ireland being ſo ſhort. To which they returned, That the Houſe had
refuſed his Reſervation. He anſwered, Nor had they paſſed any Order
for theirs.
Upon this new Conteſt the Lords adjourned again to their ownHouſe,
and after two Hours hot Debate between themſelves, they returned,
and the Order was read to this Effect, 1. That either both of them
Should wave the new proofs, and go, immediately to what follows in the
Proceſs; or Secondly, if they declined that, the Lord's conceived themſelves
common Judges to both, and ſo would not deny the Lord of Strafford the
liberty of pitching upon what Articles he pleaſed asthey had done; or
Thirdly, That both of them ſhould name their Witneſſes inſtantly at the
At this the Commons ſhewed great diſſatisfaction, yet they deſired
the Earl to name his Witneſſes, if he would receive any benefit of the Order.
He anſwered, That he would nominate after them in regard they were first
in the Order. They replyed, That he knew their Article, they did not
know bis; He ſaid he would bring proofs about the 2.5:13. and 15.
Articles, and deſired, that they would proceed to the Nomination. But
they told him, They could not ſubmit to the Order without the advice of
the whole Houſe.
Then ſuddenly a mighty Noiſe followed of the whole Houſe of
Commons,calling out Withdraw,Withdraw; which they did with thoſe
Eminent Symptoms of diſpleaſure, and in that Tumultuary Confuſion,
that it produced fear and wonders in the Spectators; for both the
Houſes broke up without ſo much as adjourning the Court,or appointing
the next time of Meeting; nothing but anger and reſentment ſeemed
to ſit upon mens faces, and a certain diſinal Expectation of the Effects
of a diſtempered State.
The Violent men of the Houſe of Commons who Proſecuted the
Earl, began now to apprehend they might meet with a Diſſappoint
ment in their Expectations, and that the Earl did not ſtand fo Crimi-
nal in the apprehenſions of the greateſt part of the Lords as they
liad endeavoured to render him, but that ſome Beams of Innocence be-
gan to ſhine from him,even under thic black Clouds which they had raiſed
againſt
F
Bar.
2
.
HH
I
I
1
1
i
1 641.
1
11
from the Scotch Rebellion to the King's Murther. 103
igaunit his Reputation ; and judging after all this Noiſe of High Treaſon
which they had raiſed, and which filled the moſt obſcure Corners of the
Nation,& was become the great expectation of the World, that if he ſhould
come to be cleared by tlieluffrage of his Peers, not only his Glory and
Reputation would appear more bright, by ſo black a foil, but their Re-
putation and Intereſt muít for ever ſet and ſink in the Opinion of the
vulgar, who are apt to Meaſure Actions by their ſucceſs
; and Conſequently
that this would give ſuch a blow to their yet Infant Deſigns, as muſt
render them abortive in their very Embrio;therefore no ſooner were they
retired in the forementioned diſorder and heat, but they fell upon a new
Method to effect the Ruin of this Great Man. That which they preten ;
ded was deſigned to be offered as further proof of the 230 Article, and
wherein they thought the Lords had nor done them Juſtice, , was
a certain Paper which Sir Henry Vane Jun. pretended to have found in his
Father's Cabinet,being aNöte or ſhortMemoires,of what paſſed at a Funto
of the private Committee for the Scotch affairs, charging the Earl of
Strafford, LordArch-biſhop ofCanterbury and LordCottington with an inten-
tion
then mentioned of bringing in the Iriſh Army, and full of pernicious
counſelf to the King, and ſlanderous words again ſt the Commons in the
laſtParliament. This pretious Relique Sir Henry diſcovered to Mr. Pym;
whereupon a Bill of Attainder, which Mr. Pym had ready for the Pur-
poſe was immediately voted to be read, and ſo eager were they upon
the Chace, that contrary to Parliamentary Cuſtom and Reaſon, which
in things of moment ought to govern by that ſtanding Rule, Deliberan-
dum est diui quod ſtatuendum eſt Jemel, it received a ſecond reading.
Sunday now proved no day of reſt, the concerned were buſie to
ſpread terrors and affrightments in the minds ofthePeople,all the diſcourſe
was ofthe Breach like to enſue between the Two Hợuſes, and licentious
Tongues were not ſparing to declare;. That ſince the Houſe of Commons
had voted the Bill of Attainder, they would alſo declare all his adherenes
Traitors.
Many big words were ſpoken, and it was reported that ſome of the
Nobility ſhould ſay, That it was unnatural to have the Head governed by
the Members; that they hated Rebellion no leſs than Treaſon ; hat the ſame
blood which Ennobled their Anceſtors,run alſo in their Veins, and they would
never permit themſelves to be ſuppreſſed by a popular Faction.
And certainly many of the Lords began to ſee through theDiſguiſe,and
that they could not Čondemn the Earl of Strafford in the Legal way of
Procedure upon Conſtructive,or as it was then called,accumulative Trea-
ſon, but they muſt let looſe ſuch a furious Lion as would devour them,
and their Poſterity; and this was the fear of the Earl's Enemies, for had
it come toa Period upon the Trial, it was the General belief he would
upon the Honour of the Peerage have been found Not Guilty.
However it happened, the Difference was ar laſt compoſed at a Con-
ference; the Lord Steward acquainting them, That their Lordſhips are
reſolved the Commons may proceed as formerly was intended before the offer
of further Evidence to be propounded; the Earl of Strafford to recollečt his
Evidence firſt, and that being done, the Members of the Houſe of Commons
to ſtate their Evidence ; and this to be done to morrow morning, whereof
they will give thé Earl of Strafford Notice.
Accordingly upon Tueſday April 13. the Lord Strafford being brought
to the Hall, and ſtanding at the Bar, The Lord High Steward inform- Tuesday :
April13.
ed him, That the Lords do Expect his Lordſhip ſhould ſumm up the Evi-
dence,
1
1
1
I
1
1
>
!
.
+
!
1
My Lords, Theſe Conſtructive Treaſons have been ſtrangers in this Common-
104 An Impartial Collection of all the memorable Events
I 641.
dence, as the Gentlemen of the Houſe of Commons should do theirs, for
the cloſe of the proofs of the matter of Falt,deſiring liim to do it with all the
brevity and clearnejs he could. The Earl humbly moved clearly to under-
Stand what was expected from him, and whether new matter might be alledged
on either ſide ? 'The Lord Steward replying, That if there be any
new matter, God forbid but they might alledg it. The Earl anſwered,
That be was in all things ready to manifeſt bis Obedience 10 their Lordſhips,
and will offer no new matter unleſs it ariſe from the other lide.
And then he proceeded to ſumm up his Evidence as followeth.
May it pleaſe your Lordſhips.
The Earl of
T falls to my turn, by your Lordſhips leave and favour, to preſume to put
Strafford's you in mind, and to repreſent to you, the Proofs, as they have been offered,
Summary of
which I ſhall do to the beſt of my Memory, with a great deal of Clearnefs.
the Evidencc.
I ſhall deure to repreſent them neither better nor worſe, then they are in them-
ſelves, and, I will, the like Rule may be obſerved on the other ſide ; For, in the
proceeding of this Cauſe; I heard them alleadge, that, as they conceived, divers
Articles were fully proved ; Whence I conceive there was nothing fully Proved.
My Lords, my Memory is weak, my Health hath been impaired, and I have not
had ſuch quiet thoughts, as I deſired to have had, in a buſineſs of fo great and
weighty importance to me:
And therefore I ſhall moſt humbly beſeech your
Lordſhips, that by your Wiſdom, your Juſtice and Goodneſs, I may be ſo much
bound to you, as to have my Infirmities ſupplyed by your better Abilities, better
Judgments, and better Memories.
My Lords, The Charge I am to Anſwer, is a Charge of High-Treaſon; and,
that which makes it the moſt grievous of all,it is an Impeachment of Treaſon from
the Honourable Houſe of Commons: Were not that in the Caſe, my Lords, it
would not preſs ſo heavy and ſore upon me, as now it doth, having the Autho-
rity and Power of their Names upon it ; Otherwiſe, my Lords, the Innocency,and
the Clearnefs of my own heart from fo Foul a Crime, is ſuch, that I muſt with
Modeſty ſay, if I had no other fin to anſwer for, it would be eaſily
born.
My Lords, as I went along Article by Article, Theſe Gentlemen were pleaſed
to ſay, They were no Treaſons in themſelves, but Conducing to the Proof of
Trcaſon: and, moſt of the Articles being gone over, they come to the point at
laſt. And hence, my Lords, I have all along watched, to ſec if that I could find
that Poyſoned Arrow, that ſhould Invenome all the reſt; that Deadly Cup of
Wine, that ſhould intoxicate a few alledged Inconveniences, and Miſdemeanors,
to run them up to High Treaſon.
My Lords, I confeſs it ſeems very ſtrange to me, that there being a ſpecial
difference between Miſdemeanors, and between Felonies and Treaſons; How is it
poſſible that’ever Miſdemeanors ſhould make Felonics, or a hundred Felonies make
a Treaſon? Or, that Miſdemeanors ſhould be made Acceſſaries to Treaſon,
where there is not a Principal in the Caſe? No Treaſon, I hope, ſhall be found
in me, nor in any thing I hear to be charged, under favour, and not waved.
They ſay well
, That if a man
be taken threatning of a man to kill him, Con-
ſpiring his death, and with a Bloody Knife in his hand, theſe be great Argu-
ments to convince a man of Murder. But then, under favour, the man müst
be killed; for, if the man be not killed, the murder is nothing. So, all theſe
things that they would make conduce to Treaſon, unleſs ſomething be Treaſo-
nable, under favour, they cannot be applyed to Treaſon.
My Lords, I have learnt that in this caſe, which I did not know before, that
there be Treaſons of two kinds ; there be Statute-Treaſons, there be Treaſons
at Common-Law, or Treaſons Conſtructive and Abritrary.
wealth a great while, and, I truſt, ſhall be ſtill, by your Lordſhips Wiſdom and
Juſtice: But, as for Treaſons in the Statute, I do, with all gladneſs and hu-
mility acknowledge your Lordhips to be my Judges, and none but you, under
favour, can be my Judges: His Majeſty is above it, the King Condemns to Man:
the great operation of His Scepter is Mercy ; His Juſtice is diſpenſed by His Mi-
niſtery;
1
IMWI
105
1
I 6 4 I.
IN!
1
from the Scotch Rebellion to the King's Murther.
niſtry; fo He is no Judge in the Caſe (with Reverence be it ſpoken :) and like-
wiſe no Commoner can be Judge in the Caſe of Life and Death, under favour,
in regard he is of another Body: So that, my Lords, I do acknowledge entirely,
you are my Judges, and do, with all chearfulneſs in the World, ſubmit my ſelf
unto you; thinking, that I have great cauſe to give God thanks, that I have you
for my Judges, and, God be praiſed it is ſo; and, Celebrated be the Wiſdom
of our Anceſtors that have ſo ordained it.
My Lords, I ſhall obſerve theſe Rules; Firſt, I ſhall (as I liopo ) clear myſelf
of Statute Treaſon, and then Mall come to Conſtructive Treaſon, or Treaſon at
the Common-Law.
The firſt point they Charge me withal of Treaſon, is upon the Fifteenth Ar-
ticle; Wherein nevertheleſs, before I come to Anſwer the particulars, I muſt hum:
bly inform your Lordſhips that, in that Article, two of the moſt material Charges
are waved in the firſt part; that piece of the Charge that ſounds ſo high, con-
cerning a Miſcarriage in-me, in Levying Money upon the Town of Baltemore,Ban-
denbridge, Talow, of that I hear nothing, and I shall meņtion; it only thus farr,
humbly to remember your Lordſhips, that, in that particular, I truſt I have ſpo-
ken nothing, that ſhould mcrit leſs belief of your Lordſhips : For my part, it is
far from me,, to put you upon any prejudice, by any means whatſoever ; I look
onely to the preſerving of my ſelf, if it may be without prejudice and hurt to any
living Soul.
Then they likewiſe wave another piece of the Charge, and that is that I ſhould,
by force of Arms, diſpofſels divers perſons in the Territory of Idengh; and well
they may, for, in truth, there is nothing at all of it that I am to Anſwer, it being
wholly done by the Order of Chancery,and I having no more to do with it,than a-
ny man that hears it : the Matter that ſtays with me in this Article, is, the al-
leadged Warrant to Mr. Savill Serjeant at Arms, and the Execution of it, for
that I ſhall humbly befcech your Lordſhips,I may mind you, with all humility that
that Warrant is not hewed ; and, I do think, that my Lords the Judges do, in
the Tryals before them, obſerve, that Deeds are to prove themſelves in ordinary
Tryals, betwixt Men and Men; Now, how much more in a Tryal for life, and,
which is more than that (though my Misfortune will have me to own it) in the
Tryal of a Peer?
The Witneſſes, my Lords, fay, They have ſeen ſuch a Warrant; But, no
Witneſs fayes, he knows it, and will Swear it to be my Hand and Seal; or, that
I ſet my Hand or Seal to it; for, it may be Counterfeited, for any thing they
know.
For Mr. Savill, upon Oath, I thought (under Favour) he ought not to be ad-
mitted againſt me; for, he Swcars directly to juſtifie himſelf: for if there be no
ſuch Warrant, he is anſwerable for the Fact, not l. But, my Lords, admit there
were ſuch a Warrant, I humbly conceive, I gave your Lordſhips a very clear and
full Anſwer to it; I ſhewed you (and proved it, as I conceive ) that the Selling of
Soldiers hath been a Coercive means uſed in Ireland always, to enforce obedience
to the King's Authority; I proved it to have been uſed, to fetch in the King's
Rents of all kinds, Contributions, Compoſitions, and Exchequer Rents; I prova
ed it to have been uſed, to bring in Offenders and Rebels, and (as my Lord Ra-
nalagli depoſes) for any Unjuſtifiable Act. Sir Arthur Terringham, for a ſmall
Debt, which appears not to be the King's Debt; My Lords, nothing at all is pro-
ved againſt it, but Negatively, the Witneſſes ſay, they did not know ſuch a thing,
they had not heard the like ; and, I think, none of your Lordſhips had, before
this Cauſe; and yet that thing might be too.
And, my Lords; I beſeech your Lordſhips, How ſhould it be not Treaſon, to
Afleſs Soldiers for the King's Debts, and yet the Aſſeſſing of Soldiers, on the
Contempt of the King's Authority, ſhould be Treaſon? for certainly the King's
Authority is of far more Dignity, and more reſpect is to be had to it, then the
getting of a few poor Debts; and, why it ſhould be Treaſon in one Caſe, and
not in another, methinks it is very ſtrange.
My Lords in the next place I conceive, not in that any Conſtruction this can be
ſaid to be a Levying of War againſt the King and his people, being
but the
Imploy-
ment of two or three Soldiers, to procure obedience to His Majeſtie's Govern-
ment: becauſe (as I conceive likewiſe) I had Commillion to make War as I ſaw
Vol. II.
P
Cauſe,
1
1
1
Ith
th
$
Deputy ?
1
1
106 An Impartial Collections of all the memorable Events
I'6
1. , Cauſe, for puniſhing the Rebels, and ſecuring the Publick Peace; and therefore,
4
How can I be charged with that I have power to do?
The worſt that can be made of it, is, an abſurd execution of a Power ; but, to
make it Treaſon when I had Commiſſion and Liberty ſo to do, methinks that is
very hard : And, it was no abſurd execution of a Power, under favour neither,
when I had the Precedent of all the former Deputies and Lieutenants in the
Caſe.
My Lords, it was never complained of all the while I was thers, for ought
appears to your Lordhips; ſo, that it ſeems there was no great Innovation, nor
Inconvenience, for, if there were, I ſhould have heard of it.
But, the Statute 11. E. 1. ca. 7. fets a penalty upon any Subject, that ſhall Af-
fels without the Deputies Authority. Now I do moſt humbly befeech your Lord-
ſhips, that you would be pleaſed to remember that, and let me know how it
Thould be but Penal in a Common perſon to do it, and yet Treaſon in a
My Lords, I ſhall likewiſe humbly mind your Lordſhips of the Statute, or
rather two Statutes, as I take it, whereby I conceive this Statute, that made
a Treaſon in Ireland was repealed; But, howſoever, the practice in all time
hath gone quite contrary to that Statụte, and the beſt Interpretation of Law is the
Practice of Law; and therefore the Practice having been otherwiſe, it is an Ar-
gument very ſtrong and prevalent, that the Deputy as Chief Governour, was
never intended to be concluded within that Act, nor never to be brought in by
General Words onely.
And, that this ſhould be a Levying of War againſt the King, within the Statute of
25 E. 3. in England, ſurely I conceive it cannot
be ; for, the Burning of Towns,
the Taking of Forts, Killing and Slaying, that I conceive to be Levying of War
but, this is a ſtrange Levying of War, with two or three Soldiers to reſt in
Peace and Quietneſs, eating on Contemners only (and not Killing and Slaying )
and all to procure Obedience to the King, not in Diſobedience to his Command.
If to lie
upon
them and eat, be High-Treaſon, in this caſe, What ſhall become
of a great Company of good Fellows, that at this time eat at the Charge of the
Country?
No, My Lords ; This, in the Caſe of a private. Man,had been but a Forcible
Entry, or a Ryot at the moſt, ifa man had done the ſame thing Mr. Savil did
of his own Authority, without the Deputy, it had been bur a Force and Ryot;
and, How ſhall this be in my Caſe High-Treaſon ?
The next Charge, in that caſe, is, concerning a Warranț to one Piggot,
another Serjeant at Arms,and the great and crying Miſcarriages and Miſimplay-
ments of ſuch a Warrant, if there had been any, it was when 1(as your Lordſhips
may pleaſe to remember ) was out of Ireland, and that was the Caſe of Bern, a
very Foule Mifdemeanor, as it proved. But, My Lords; I being out of the King-
dom, and no ſuch Warrant nown, I conceive I am abſolutely diſmiſſed as unto
that, and have nothing to anſwer for it: there was nothing done while I was
in the Kingdom : there is no Warrant of mine ſhown: therefore, I conceive, I
ſtand clear of that likewiſe.
But admit there was ſuch a Warrant, the Anſwer goes to that as to the teſt
and certainly, I hope, will fully acquit me of this Fifteenth Article, aš Trca-
fon; And ſo I muſt, in humility, ſubmit to your Lordſhips wiſer and better
Judgments.
The next statute-Treaſon, is an Intendment, of Deſign, or what you will
have it, for bringing over the Iriſh Army into this Kingdom, to reduce it,
or to do I know not what, nor I think ‘no body elſe, for there is no fuch
thing.
But, My Lords, for proof in this caſe, you have two offered there, and no
more, under favour, atåll: the firſt proof is the Fears and Doubts of my Lord
Ranulagh, that tells you, he Fears ſuch a thing, and Doubts ſuch a thing. My
Lords, if Fears and doubts may be ſufficient to Condemn me for Țreaſon, By my
Faith, I fear, and Doubt very much, theſe Fears and Doubts might Accula me,
and Condemn me of Treaſun more then once a Year; But, my Lords, his Pears
and Doubts, he may keep to himſelf, I hope they ſhall not be brought any way to
the prejudice of ine; I am, I thank God, both confident and knowing there is
no ſuch thing
The
2
1
1
,"
P
1
.
from the Scotch Rebellion to the King's Murtber .
107
1 64 1
in this point.
The next is the Teſtimony of Mr. Treaſurer Vane ; and, the Words Mr. Trea-
ſurer doth Witneſs againſt nie in that particular, are, as I conceive, theſe; that
I Nould ſay to His Majeſty, in an Argament concerning an Offenſive or Defenſive
War with Scotland ; Your Majeſty hath tryed all wayes, and are refuſed, and, in
this extream necellíty, for the ſafety of the Kingdom, and Your People, you may
imploy the Iriſl
, Army to reduce this Kingdom.
My Lords, To this I ſay, that ( under favour) Mr. Treaſurer was in this (me-
thoughts ) a little Dubious; he was ſomething doubtful; for, at the firit, he
told
your Lordſhips, he would deal plainly and clearly with you, that he knew.
before whom he ſpoke : and then, my Lords, it was but to the beſt of his Re-
membrance, that theſe, and theſe words were ſpoken. At the laſt, my Lords,
being put to it more, he was pleaſed to ſay, that theſe were poſitively the words,
or ſomething to that effect: So, my Lords,here is but a dubious and uncertain Wit-
neſs, under favour, and theſe profeſſions of his ſpeaking clearly and plainly, and
of his Conſideration before whom he was which are ſomething unuſual Clauſes
to Men,that come to Swear upon Oath)make me conceive him ſomething Dubious
Secondly, My Lords, he is a ſingle Witneſs, and not only ſo, but, under favour,
diſavowed by all the relt- that were preſent at the Council; My Lord of Nora
thumberland remembred no ſuch thing ; My Lord Marqueſs of Hamilton-remembred
no ſuch thing; My Lord Treaſurer remembred no fich thing; my Lord Cot.
tington is very well aſſured he ſaid no ſuch thing, for if he had, he ſhould have ta-
ken offence at it himſelf, which he never did.
My Lords, in the Third place, He is pleafed to mention, . That it was in a
Debate, Whether an Offenlīve or Defenſive War? and, thaf.then I ſhould ſay,
The King had an Army in Ireland, &c. My Lords, it falls out in time, to be así
conceive, about the 5th of May laſt,11or many dayes ſooner or later, the Army of
Ireland was not raiſed till June following So it ſeems I ſhould tell the King a great
untruth ; that lie had an Army in Ireland;which he might imploy for His Service,
before that Army was raiſed; for it is a notorious thing, and any of that Coun-
try knows, that the Army was not raiſed till the Fifteenth of June as I re-
member.
B.
Lastly, in farther taking away of this Teſtimony, I have proved it, by a great
many Witneſſes, beyond all exception, that there was never any ſuch intendinent
of the bringing this Army into England , nay, that the Deſign was quite other-
wiſe, and this hath been apparently cleared before your Lordſhips, By the Teſti-
mony of my Lord of Northumberland, Marqueſs of Hamilton, Sir Thomas Lucas,
and Mrs: Slingsby , And; might have been further juſtifid, by the Teſtimony of
my Lord of Ormond Preſident of Munſter,and Sir John Burlace, Maſter of the Ord-
nance in Ireland, if they had been here to have been produced : So that all theſe
laid together, the ſtrong and clear proof on my part, the producing of a ſingle
Witneſs, which, by the Proviſo of i Edm. 6. cannot riſe in Judgment againſt any
man for High-Treaſon. I truſt, all theſe laid together, I ſhall appear to your
Lordſhips clear and free from theſe two points, whereupon they enforce me to be
within the compaſs of Treaſon by the Statute alleadged,
The Third Treaſon that is laid to my Charge, is upon the 27th Article, where
Four Muſquettiers being ſent to Egton,by Sergeant Majon Taworth, to call for their
Eight pence a day, is preſt upon me, as a Levying of War :upon the King and His
People, and to be High-Treaſon upon the Statute of 25 E. 3.
There be wonderful Wars, if we have no greater Wars then ſuch, as four men
are
able to raiſe, by the Grace of God we ſhall not ſleep very unquietly. But,
How
do they proye this to be done by me? they produce to your Lordſhips the
Warrant
of Sir William Pennyman; but, had no Warrant at all of mine to ſħew.
Sir William Pennyman doth, not alledge any. Warrant of mine to that purpoſe;
he ſpeaks of a General Warrant, wherein I and the Deputy-Lieutenants joyn,
for the paying
of the Fortnights pay, as they call it, and that is very true; but,
that I ſhould give Warrant to Levy by Soldiers, no ſuch thing is proved; no ſuch
thing is ſhewed; no ſuch thing is alleadged by Sir William Pennyman, that beſt
knewritsandy-hould do it in his own Juſtification, if there were fuch a thing:
but, on the other ſide, I muſt humbly befeech your Lordſhips, to mind you what a
clear and full proof I made thereof to you, till you were weary, though, I think, I
Vol. 11.
P2
could
.
1
1
!
th
108
1.64 1.
An Impartial Collection of all the memorable Events
I could have continued it a year longer if need had been, that there was nothing
done by me in the Levying of the firſt Months pay, or the ſecond Fortnights pay,
but with full conſent of the Country, nothing being of Conſtraint, nothing being
of force put upon them.
The Second Point was a Warrant ſhewed to your Lordſhips, or at leaſt pre-
tended from Sir Edward Osborne the Vice-Preſident, wherein he charges them to
obey and perſae the ſubſtance and direction of his Warrant, on pain of Death;
and this muſt likewiſe be laid to me: My Lord F-confeſs I have faults enough,
more than a good many, though I truſt neither To crying nor grievous, as ſome
would pretend them to be ; but, Faults I have, more then too many, I need not
take nor add to my ſelf other Mens; but, whether this be a Fault or no, I cannor
undertake to Judge. But certainly, I am in no Fault : for, I was at when
this Warrant illued from Mr. Vice-Preſident; and, I dare ſay, he is a Gentle-
man ſo worthy and noble, and ſo great a Lover of Truth, that let him be examin-
ed upon Oath, if he ſhall not abſolutely clear me from Privity or Direction of it,
I ſo much rely on him, that I will be thought Guilty before your Lordſhips for
this Charge: Now, my Lords, having gone over all that firſt part, which I
thought fit to apply my felf to, and that is Statute-Treaſon, There is no Statute-
Treaſons in the whole Charge, nor colour or pretence thereof, fave onely that
of Nerdcastle which was waved.
In theſe, my Lords, I hope I am clear before your Lordſhips ; and, ſure I am,
they give me little diſquiet, for, in good faith, I am clear in my own poor
Judgment.
Then comes in the ſecond Condition of Treaſon in the Charge, and that is
Conſtructive Treaſon; and, it is laid down in the firſt Article of the General
Charge.
For, my Lords, I muſt tell you, the Firſt Articles, exhibited, are Grounds and
Foundations whereupon the reſt are gathered, and to which they reſort and ap-
ply themſelves feverally.
I do conceive my ſelf, in a manner, by themſelves, clear of ſeven of theſe,for,
they have, in a manner, relinquiſhed Five of them ; So that the Firſt Article is
the main Article whereupon I muſt be touched, and that is laid in the Charge
thus : That I have Trayterouſly endeavoured to ſubvert the Fundamental Laws
and Government of the Realms of England and Ireland; and have, by Trayterous
Words, Councils, and Actions, declared the fame; and have adviſed His Majeſty
to Compel his Subjects, to ſubinit thereunto by force.
My Lords, I muſt confeſs I have many times with my ſelf confidered with
wonder, at the Wiſdom of our Anceſtors, that ſet the Pillars of this Monarchy
with that ſingular Judgment and Providence, that I have ever obſerved, that ſo
oft as either the Prerogative of the Crown, or Liberty of the Subject; Ecclefiafti-
cal or Temporal Powers exceed thoſe-modeſt bounds fee and appointed for them, by
the fobriety and moderation of former times, the exerciſe of it over-turn'd to
the Prejudice and to the Detriment of the Publick Weale; all the Strings of this
Government and Monarchy have been ſo perfectly túñed through the skill and at-
tention of our Fore-Fathers, that if you wind any of them any thing higher, or
let them lower, you ſhall infallibly interrupt the ſweet accord, that ought to be
entertained of King and People.
With this Opinion I had the honour to ſit many years in the Commons Houſe;
and, this Opinion I have carry'd along with me exactly and intirely for
Fourteen
Years in the King's Service; ever Reſolving in my heart Stare ſuper vias antiguas,
to promote; with cqual care, the Prerogative of the Crown, and the Liberty of
the Subject, to Introduce the Laws of England into Ireland, ever ſetting before
my felf'a ļoynt and Individual well-being of King and People (for either they
muſt be both or neither) which made my Misfortune the greater to be now in
my
Gray Hairs charged, as an under-worker againſt that Government, a Subverter
of thar Law I woſt affected, and a Contriver againſt that Religion, to the truth
whereof I would Witneſs by the Sealing of it with my Blood.
My Lords, As to the latter part, concerning my Religion, they have quitted
me; and I have nothing to anſwer to that, becauſe it is waved; and, I truſt, my
Lords, I ſhall clear my ſelf in the firſt part, concerning my being a Subverter of
the
H
1
1
1
1
0
1
i
12
1
1
from the Scotch Rebellion to the King's Murther.
109
1
1 641.
H
I!
the Fundamental Laws, that I ſhall ſtand clear to your Lordſhips Judgments in
that Cafe.
My Lords, This Subverſion muſt be by Words, by Courcils, and by Actions
in Ireland and in England.
My Lords, I ſhall firſt give you an Accompt of the words, wherewithal I am
Charged forth of Ireland; and, the firſt words are in the Third Article, where I
am Charged to have ſaid, That Ireland is a Conquered Nation, and that the King
may do with them as he pleaſeth. And, to the City of Dublin, That their Charters
are nothing worth, and bind the King no farther than be pleaſeth. Theſe are the words
Charged.
My Lords, methinks it is very ſtrange, under favour, that this can be made an
Inducement to prove this Charge, becauſe I ſaid, That Ireland is a Conquer'd
Nation, therefore I endeavour to ſubvert the Fundamental Laws when I (peak
the Truth, for certainly it is very true, it was fo.
My Lords, under favour, I remember very well, there was as much ſaid here
at this Bar, ſince we began ; and yet I dare well Swear, and acquit him that (pake
it, from intending to Subvert the Laws.
For, my Lords, you were told, and told truly, That Ireland was a Conquered
Nation, and that it was Subordinate to England; (and, God forbid that it ſhould be
otherwiſe) and that they have received Laws from the Conqueror.
My Lords, the words teſtified by my Lord Gormonſtone and Kilmalock, to be
ſpoken, are not the words wherewith I am charged, and ſo, under favour, I con-
ceive, cannot be brought to my prejudice, as to this Tryal, and they are words
tliat are denied by me.
For my words concerning their Charters, your Lordſhips remember very well,
I doubt not, wherefore I ſaid they were void, For their miſuſe of them, and that
I told them fo, not with the intent to overthrow their Patents, or Charters, but
to make them more conformable to thoſe things, that the State thought fit, for
encreaſe of Religion and Trade and encouraging and bringing Engliſls into that
"Town; And, that it was meant ſo, and no otherwiſe : Whatſoever was ſaid, it
appears by this, their Charters were never touched nor infringed, nor medled
withal by me, during the time I was in that Kingdom ; ſo that words ſo ſpoken,
and to ſuch a purpoſe, that they ſhould go to prove ſuch a Concluſion, I conceive
there is great difference betwixt thoſe Premiſes, and that Concluſion.
|
11
1
!
1
1
Y
4
+
th
The next Charge for words in Ireland, is in the Fourth Article, where I am
Charged to have ſaid, That I would neither have Law, nor Lawyers Diſpute or Que-
ſtion my Orders : and, that I would make the Earl of Cork, and all Ireland knuto,
That as long as I had the Government there, any AEE of State ſhould be as binding to
the Subjects of that Kingdom, as an Act of Parliament.
My Lords, I humbly beſeech your Lordſhips to give me leave to ſay for my
ſelf, that theſe words of the Charge are only ſworn by my Lord of Corke, and
no man elfe: and, his Lordſhip appeared a little miſtaken the other day in one
point, on the Reading of an Order of the Council-Board, for ſo it appears, as
I conceive;, ſo that for one ſingle Witneſs, and he the Party Aggrieved by theſe
words, to be the Man that mult convince me, I conceive your Lordſhips will not
think thac to ſtand with the ordinary Rules of Proceeding,
For the reſt, to ſay Afts of State in Ireland pould be binding, ſo long as they
are not contrary to Law, I confeſs I then conceived it had been no Offence, for i
thought them to be as binding, being not contrary to Law; but, the Elder we
grow, the wiſer we may grow, If God give us the Grace, and Attentions; and
lo I truſt I ſhall
, by theſe Gentlemen, that have taught me to forbear thole kina
of Speeches hereafter.
My Lords, Theſe are all the words charged againſt me for Ireland, ſaying
only ſome things that I ſhall come to anon, that is Charged upon me in one
of the
latter Articles, concerning Scotland; I ſay, my Lords, theſe are all the Words
that have ſlipped from me in Seven years time, having been well watched, and
obſerved, as your Lordſhips may perſwade your felves I have been; But,
in ſeven years time, I ſay, theſe are all the words brought to my Charge : and,
in truth, I conceive, a wiſer Man then my ſelf might be forgiven for one Error,
or ſlip of his Tongue of that Nature in a years time, feeing it is no greater
meaſure, God be praiſed, than theſe are.
My
1
+
i,
.
1 6 4!.
1
1
:
I Jº An:Impartial Collection of all the memorable Events
My Lords, theſe being the words that paſſed from me in Ireland, there are o-
ther words that are charged upon me,to have been ſpoken in England; but if your
Lordſhips will give me leave ( though perhaps in no very good method ) I ſhall
not fail to touch firſt or laft, the words in every Article.
The next Article then that I am charged witltal for words, is the ſecond Ar-
ticle, and theſe are the words that I ſhould ſay, concerning the Finger and the
Loins.
My Lords, I may alledge much new matter, but I will obſerve your Lordſhips
Order punctually by the Grace of God, for what I may ſay in that caſe, if it might
be admitted, I keep it co my ſelf; but the truth is, they that do prove the words
to be thus,That I would make the little finger of the Law,heavier then the King's Loins;
they do not tell you the occaſion of the Speech, or what went before or what
after ; for my Lords, if they had told the occaſion (which methinks they ſhould
as well have remiembred as the words) it would plainly and clearly have appeared
to your Lordſhips, that Sir William Pennyman's Teſtimony was moſt true, for
the occaſion was ſuch, that to have ſaid thoſe words, had been to have ſpoken
againſt that to which I intended the diſcourſe ; but ſpeaking them as I ſaid, it
makes
, very ſtrong for that purpoſe, to which I directed them which was to ap-
peaſe the Countrey, and quiet the Diſcontents ; for having becn double charged
with the Knight-money, and therefore it was not proper by threatning them, tur-
ther to have provoked them.
My Lords, you have Sir William Pennyman's Teſtimony, that it was ſo, and
my profeſſion ; who (under favour) 'will not ſpeak'an untruth to ſave my life ;
1. proteſt before God, that I-ſay, I verily believe, or elſe I will never ſpeak it
indeed, and there it is they have proved it to have been ſaid one way, we another
way,we give the occaſion of our Speech and diſavow theirs and ſo we muſt leave
It; and howſoever, theſe words ſo ſpoken, can never be drawn ( as I humbly
conceive ) as Premiſes to prove their Concluſions, thật, therefore l'am guilty of
High-Treaſon, they have made me guilty of a fooliſh word, and that I confeſs,
and if they pleaſe, I will confeſs it all the day long; for I have been fooliſh alí
the days of my life, and I hope hereafter I ſhall look unto my ways, that I offend
not with my Tongue, for if I cannot rule
it abroad,' I will rule it within doors,
ellè I will never ſtirr abroad, but bound it foto my own buſineſs and affairs, that
I cruſt I ſhall give no offence.
The next Article that chiargeth me with words, is the 22d Article, and theſe be
words ſpoke in England; The firſt part of them, which concerns the bringing in of
the Trifli Army, I have ſpoken to already; but in the concluſion there are other
words, and ſhortly, the ſaid Earl of Strafford returned to England, and to fundry per-
fons declared his opinion.ta.be, That His Majesty. Siould first co the Parliament here,
and if that did not ſupply him according to his occaſions, he might then uſe his Prero-
gative:as he pleaſed, to levy that he needed, and that he rould be acquitted both of God
and. Man, if he took ſome other courſes to ſupply himſelf, though it were againſt the
will of his Subje&ts.
My Lords, as unto this, I conceive the Charge is not proved by any Witneſs,
that hath been here produced agaidft, me; and in trüch my Lords, I muſt needs
ſay thiş, under favour (if it be an error in my Judgement, I muſt humbly crave
your Lordſhips pardon) through the whole Cauſe I have not ſeen a weaker proof,
and if I had had time to have gotten my Witneſſes out of Ireland, I hope that
Thould be proved, and to clearly, as nothing could be proved more, but I mult
ſtand or fall to what I liàve proved, and ſo I do my Lords ; thé proof they offer
for this (as I conceive) is the Teſtimony of my Lord Primate, and his Teſtimony
is, Tihat in ſome diſcourſe betwixt us, two, touching Levying upon the Subject
in carc of imminent". neceſſity, he found me of opinion, That the King might uſe
his Prerogative as he pleaſed. My Lords, this is (under favour ) a ſingle Teitimo
ny, it is of a diſcourſe between him and me, and there is not any
other that wit-
nelles any thing concerning it, ſo that. (under favour' my Lords) i conceive this
will not be fufficient to bring me any ways in danger of Treaſon, being but a
ſingle Teſtimony; and my Lords, it is to be thought, and to be believed andic
were a great offence for any man to think otherwiſe) that in this caſe any thing
II
+
.
+
1
'
can
1
+
.
1
III
1 0 413
1
I!
1
---..-.-
other way;
+
from the Scotch Rebellion to the King's Murther.
,
can pleaſe the King (he is ſo Gracious and Good) but what ſhall be Juſt and Law-
ful, and then there is no doubt, but ſo far as with Juttice and Lawfulneſs, he
may uſe his Prerogative, in caſe of imminent danger, when ordinary means will
not be admitted.
At molt, he faith it was but an opinion, and opinions may make an Heretick,
but they ſhall not, I truſt, make a Traitor.
The next is the Teſtimony of my Lord Conway, and the words that his Lord-
ſhip teſtifies are theſe ; That in caſe the King would not be otherwiſe ſupplyed by Sub-
ſidies, be might ſeek means to help himſelf, though it were againſt the will of his Subjiets.
Truly, my Lords, if I ſhould acknowledge theſe words, I do not ſee how they can
be any way Capital in my caſe; but this again is but a ſingle Teſtimony, and
there is no other that ſays it but himſelf, and if there be a good ſenſe given to
them, certainly the words may very well bear it, for I think it is a very natural
motion for any man to preſerve himſelf, though it be to the diſliking of another;
and why a King ſhould not do it as well as a Subject, it is ſuch a prerogative of
Kings, as I'never yet heard of; for I thought, though they had been Gods on
earth, yet they are men, and have affections as men, and ſhould preſerve them-
ſelves, being not only accountable for themſelves, to God Almighty, but alſo for
their Subjects whoſe Good and Benefit is wrapt up and involved in theirs, and
therefore the King ought more to regard his own preſervation, than the Com-
mon-wealth.
The Third is, That Mr. Treaſurer ſays, that to his beſt remembrance I did
ſay, That if the Parliament ſhould not fucceed, I would be ready to aſſist His Majeſty
any
God forbid this ſhould be any offence for to ſay To, either in him
or me, for I will [wcarif it pleaſe you, that he ſaid ſo as well as I, therefore God
forbid, it ſhould endanger either of us both ; for my Lords, to ſay I will ſerve
the King any other way, it is no other than what became a good and faithful
ſervant to do, always provided, the way be good and lawful, which in this caſe,
is always to be admitted among perſons of Honour and perſons of Truſt;and there-
fore admitting it nor any other way, it was juſt, and lawful, and commendable
in Mr. Treaſurer and me; for I vow to your Lordſhips, we both ſaid it, and he
as fully as I.
But my Lords all theſe come very far ſhort, to prove the words of the Charge,
and this ( under favour ) is all the proof as I have taken, that I ſhould ſay theſe
words before the Parliament.
The next words I am charged withal, are in the 23 Article, and thoſe, my
Lords are, that having tryed the affections of his people, His Majeſty was looſe
and abſolved from all Rules of Government, and was to do every thing that Power
would admit, and that His Majeſty had tryed all wayes, and was refuſed, and
Nould be acquitted both of God and man: For the latter part that concerns the
reducing of this Kingdom by the Iriſh Army, I have anſwered already, and there-
fore thall not need to repeat it.
My Lords, mine Anſwer ( under favour ) to thoſe words, with your Lordſhips
Noble permiſſion, muſt be thus, That they are no way proved in the moſt mate-
rial part of them, by any Teſtimony that hath been offered, I Mall,as near as I can,
repeat
the proofs that were offered on this point ( for theſe Articles were
brought in four or five together , ) but I ſhall apply the proofs ſeverally and
diſtinctly.
The Teſtimony firſt given, was the Teſtimony of the Lord of Bristol, wherein
his Lordſhip ſays, That in a diſcourſe, there was difference betwixt his Lordſhip
and me, in ſome Tenents of ours. To which I anſwered the other day; that in
diſcourſe we ſpeak not always the things we think, but many times to gain from
other mens arguments, to ſtrengthen me in my opinion, I will feem to be of the
contrary; This is ordinary and familiar in all converſation, and very honeſt and
juſt, ſo that albeit we ſeem to differ as we held it ſeverally, yet if the pulſe of our
hearts had been touched cloſe, both his and mine, perhaps we ſhould have found
iç one and the fame ; Beſides, his Lordſhip faid, i diſliked not the diſcourſe, we
ſpeaking of another Parliament; only I ſaid, it was not convenient at that time,
and that the preſent dangers would not admit a remedy of ſo long conſidera-
tion; and that the King muſt provide for the Comnion-wealth, Er falus populi
1
ſuprema lex.
And
1
.
1.1
M
1
.
II 2
I 6 4 I.
have every
!
concurr.
An Impartial Collection of all the memor able Events
And truly My Lords, I think that it is very hard, any man ſhould upon ſuch a
diſcourſe, have his words turned upon him, and made uſe of to condemn him
for High-Treaſon.
My Lords, I know you are ſo juſt that you would judg me, as you would be
judged your ſelves, and whether any Man that hears me, would be content, to
word that falls in diſcourſe betwixt man and man, to be ſo ſeverely in-
terpreted, I leave to every man's Breaſt,what he finds in the cloſet of his own Heart:
and deſire to be judged according to that.
My Lord went further, and ſays, I ſhould ſay that the King was not to be
maſtered by the frowardneſs, or diſaffection of ſome particular men, and conceives
it be meant of the Parliament.
My Lords, 1 fay ( under favour) theſe words are not within the Charge, and
therefore I am not to be accountable for them; beſides, it is a ſingle Teſtimony,
and by the proviſo of that Statute,cannot be made uſe of to the end and purpoſe for
which they bring them.
My Lords, the next Teſtimony offered for proving this Charge, is the Teſti-
mony of my Lord of Newburg, and he ſayes, That at the Council-Board, or in
the Gallery I did ſay, that ſeeing the Parliament had not ſupplied the King, His Ma-
jeſty might take other courſes for the defence of the Kingdom. "Truly My Lords (under
favour) who doubts but he might, for my part, I ſee not where the offence is
for another man to have ſaid thus, for if another man will not help me, may not
I therefore help my ſelf? (under favour ).I conceive there is no great weight nor
crime in theſe words, but in theſe likewiſe he ſtands a ſingle Teſtimony, there
is no man that joyns with him in it; and there is this in the whole Cauſe,
concerning the words, that I think there is not any one thing wherein two
The next Teſtiniony is that of the Earl of Holland, and he ſayes, That at the
Council-Board I ſaid,The Parliament having denyed the King, be had advantage to
Supply himſelf other wayes ; Truly, My Lords, 1 ſay ſtill other wayes, being law-
ful wayes, and juſt wayes, and ſuch wayes as the goodneſs of the King can only
walk in, and in no other can he walk. And therefore, conceive, they be far from
bringing it to fo high a guilt as Treaſon; and this likewiſe his Lordſhip ex-
preſles as the reſt do, ſingly on his own word, as he conceives them, and not on
the particular word of any other perſon, which is l ſay, the café of
every one
that ſpeaks in the buſineſs, and therefore there being ſo great a difference in the
Report and Conceiving of things, it is very hard my words ſhould be taken to
my deſtruction, when no Man agrees what they were.
My Lord of Northumberland is the next, and he ſayes, I ſhould ſay at a Commit-
tee for the Scotiſh affairs, That in caſe of neceſſity, and for Defence and Safety of the
Kingdom, every thing muſt be done for the Preſervation of the King and his people. And
this is the Teſtimony of my Lord in that point ; if I take any thing ſhort, it is
againſt my Will, I give you my Notes as far as I have them, and further I cannot
remember them.
But my Lords, I ſay this brings it to that, which is indeed, the great part of
my
Defence in this caſe: There is another agreed in this too,and it is Mr. Trea-
furer, who ſayes, that in Argument for Offenſive or Defenſive War, I ſhould
ſay, That having tryed all ways, and being refuſed, the King might in extream neceſſity,
provide for the ſafety of himſelf and his people; I ſay this brings it to that, which is
principally for my Defence that muſt qualifie; if not abſolutely free me from any
blame, and that is that which did proceed and follow after.
My Lords, ( under favour ) I have heard ſome diſcourſe of great weight, and
of great Authority; and that is certain, the Arguments that were uſed in the
cale of Ship-Money, by thoſe that Argued againſt the King in that Caſe, ſay as
much, and will undertake, if any man read thoſe Arguments, he ſhall find as
much ſaid there, as I ſaid at Council-Board; for there you ſhall hear, that there
be certain Times and Seaſons, when Propriety ceaſes, as in the caſe of Burning,
where a Man pulls down the next Houſe, to preſerve the whole ſtreet from
being ſet on fire. In the caſe of building. Forts on any man's Land, where it is
for the publique defence of the Kingdom, in both thefe Caſes, Propriety doth ceaſe:
nay, he ſays that in War, Inter Arma filent Leges. Now my Lords, theſe are'as
highly ſaid, as any thing you have heard by me, and yet certainly is no ſubvert-
+
L'
ing
+
+
1
ܪ
+
!
lu
1
from the Scotch Rebellion to the King's Murther. I13
ing of the Fundamental Laws for all that ; and therefore, if a man muſt be judged,; 1 641.
he muſt not be judged by pieces, but by all together.
My Lords, Whatſoever I ſaid at Council-Board, was led in by this Cafe, what
a King ſhould do, in caſe of a Forreign Invaſion of an Enemy, when the ordinary
wayes and means of levying Money would not come in ſeaſonably to prevent mil-
chief, for what a King may do, in caſe of abſolute neceſſity ;' certainly in the 1:
caſes, the ordinary Rules do not take place ; as this was the Caſe that let in the
Diſcourſe, ſo I moſt humbly beſeech your Lordſhips ( for it is fully proved ) to
remember what was the concluſion of that Diſcourſe; which was, That after
the preſent occaſion provided for, the King was obliged in Honour and Juſtice
to vindicate and free the Liberty of the Subject from all prejudice, and harm it
might ſuſtain in that extraordinary occaſion, and that this was to be done by a
Parliament, and no other way but a Parliament : and the King and his People
could never be happy, till the Prerogative of the Crown, and the Liberty of the
Subject were ſo bounded and known, that they might go hand in hand together,
mutually to the aſliſtance of one another.
My Lords, give me that which precedes, and that which follows, ( both being
proved to be the Caſe in theſe words in the Charge ) I think, conſidering there
two, I ſhould be far from having committed any great crime or offence, in ſaying
theſe words.
But I ſay as I ſaid before, I ſhall be more wary for the time hereafter, if it pleaſe
God to give me that Grace and Life, which I ſubmit to him, and ſhall readily
and willingly reſign to his good Will and pleaſure ; I conceive therefore, that as
theſe words are accompanied, they be not words that do amount to Treaſon, and
are ſo qualifiyed, and To weakly proved, that I truſt they ſhall not ſtick with your
Lordſhips
The next words that lam charged withal in England, be on the 25th Article,
and that is, that I ſhould ſay, that the Aldermen that would not give in the names of
the able men of the City, deſerved to be put to Fine and Ranfome, and that no good would
be done with them, till an example were made of them, and they were laid by the heels; and
ſome of the Aldermen hanged up.
In the firſt part of the Article, there is ſomething, concerning my advice for
raiſing the Money, but it is not proved that I did anything therein, but as others
did, and as in former years had been done, before my coming into the Kingdom :
For the words, that they deſerved Fine and Ranſome, I confeſs, them in my
Anſwer, juſt in the ſame manner as my Lord of Berkshire was pleaſed to teſtify
them the other day, that is, That if they ſhould not do the thing deſired, they
might in my opinion, be liable to Fine and Ranſome.
And, my Lords, admit I were miſtaken in my opinion, ſhall it be a Treaſon
to be miſtaken? I ſay, in my opinion, they might be lyable to Fine and Ran-
but what is this to Treaſon? Under favour, nothing at all as I conceive.
For the other part, That it would never be well; till ſome of the Aldermen be hanged;
it proves to be teſtified by Mr. Alderman Garroway, and he owns it only for
himſelf; for it was not that ſome of the Aldermen ſhould be hanged, but he ſaid
at the Bar, till he himſelf were hanged.
My Lords, This is a ſingle
Teſtimony, and theſe words, as he ſayes, were by
me ſpoken to the King at the Council-Board, That it would never be well till ſome of
them were hanged, meaning himſelf; Truly, my Lords, I thank God I never ſpake
ſuch unmannerly Language all the dayes of my life, I have had more regard to my
words than to ſay ſuch things to my Maſter, and your Lordſhips muſt needs be
many of you by, and I am very confident, there is not one among you, that can
remember any ſuch words were ſpoke; for in good faith, I did not ſpeak them :
And my Lords, before this misfortune did befall me, I ſhould with modeſty have
thought my ſelf a perſon on equal terms, to have been believed as well as Mr.
Garraway, and I ſpeak it with as great confidence as he, that I never ſpake the
words.
My Lords, The next is the 26th Article, and that is, that I ſhould ſay the City
of London dealt undutifully with the King, and they were more ready to help the Rebels,
than to help His Viajeſty; and if any hurt came to them, they might thank them-
ſelves.
Vol. II
Q e
My
!
fome;
4
!
11
L
1
1
+
114
I 641.
.
An Impartial Colle&tion of all the memorable Events
My Lords, I am in the firſt part of this Article, charged to have counſelled
and approved two dangerous and wicked Projects, the one concerning the ſtay of
the Bull:on in the Tower ; the other concerning Copper.Coyn, and no proof hath
b:el cifered, that I either counſelled, or approved either of thoſe two Projects.
Ard iny Lords, it is proved to your Lordships, that when the Merchants came,
I told them, I knew ncihing of the buſineſs as to the Bullion, neither indeed, did
I ever know there was any Bullion, nor any
thing of that nature in the Tower. But
for the words, I conceive it had been no Treaſon for me to think at that time,
that the Londoners had dealt unthankfully with His Majeſty, I thought I might
have ſaid it freely, with out danger of ſuch a thought, as might conduce to the
convicting me of Treaſon.
But whatſoever I then thought, or on what grounds foever, it may be remem-
bred, that then I alledged, and now I ſpeak it, when News was brought to York,
that the City had lent the King Two hundred thouſand pounds, I took notice,
that notwithſtanding all I had thought formerly, they had now made fuch recom-
pence; and to cleared their Faith and Duty to the King, that I ſhould be their
Servant, and lay my hand under their feet, as thoſe that heard me are able to
ſpeak ; for though at firit I ſaid they had dealt unthankfully with the King, yet
afterwards I was ready and willing upon all occaſions, to teſtify the contrary of
them, and to profeſs that I was ready to ſerve them upon all occaſions, juſt, and
honeſt, and honourable.
As for my ſaying, that they were readier to help the Rebels than the King. In
truth I am a inan that cannot juſtify a thing I do not approve, I muſt needs ſay,
it was an unadviſed Speech; and, I wiſh I had not ſpoke it : it ſeems I did ſpeak
it ; for I have reaſon to believe honeſt men when they Swear, though, in truth, I
remember it not: but, I have no reaſon or cauſe to think, they would take an
Oath otherwiſe than truth. I have no exception to the Men, and therefore upon
their words, I muſt Credit them, before my own memory; but, it was an unad-
viſed Speech, and he is a wiſe man, and much wiſer then my felf, that ſome time
offends not with his Tongue. And, in truth, my Lords, though there be no Trea-
ſon in it, they are the moſt unwarranted words that appear in the whole Proof
made againſt me.
in the 26tb there are ſome words, that I ſhould ſpeak to my Lord Cortington,
concerning a Fooliſh Pamphlet, or Gazette, which I then had in my hand; and, it
is ſuch a Toy in it ſelf, and all the Circumſtances of it, that I hold it not worth the
mentioning, but only that I would not forget any thing in the Proofs, as near as
I could, and the Proof is uncertain, for onely one Man ſayes it, and, the very
words he cannot expreſs : Now, he that ſhall Swear,when he cannot expreſs the
Words, his Teſtimony is but of ſmall value; and, he is but a Single Proof at
beſt to diſprove what is depoſed by Sir William Parkhurſt, who ſayes, he was by,
yet heard not the Words: And, Cogam ſayes, he remembers not the words : and
ſo, upon the matter, there are two againſt one; and, the whole being ſo uncer-
tain, I conceive it is of very little moment in your Lordſhips Judgments.
My Lords, Theſe are as near as I can gather, all that are charged as unto
Words, ſpoken either in England or Ireland Councils, other then theſe I am not
charged withall, and ſo there remains nothing but my Actions; and, if I can free
them as well, as I have freed the Words, I conceive then, under favour, I have
fully Anſwered all, that hath been objected againſt me.
My Lords, The firſt of theſe is the Fifth Article in the Caſe of Sentence of the
Council of War, againſt my Lord Mountnorris, and the Sentence of the Council of
War againſt Denwit.
For that of my Lord Mountnorris, I have ſhewed plainly and clearly to your
Lordſhips, that I was no Judge in the Cauſe, but a Party, and therefore not Re-
ſponſible for any Judgment given againſt his Lordſhip. I gave no vote, and ſo
conſequently am not to Anſwer for any Guilt, if there were any; which, under
favour, I conceive,fince all Martial Law is Adjudged to be againſt the Law, I may be
of another Opinion; but, formerly conceiving that that might have ſtood with
the Law, I might ſay ſomething more for the Juſtification of it,then now I do, but,
however, I was no Party.
They
4
CMK
+
1
b
from the Scotch Rebellion to the King's Murther.
115
1041
tir
1
1
They ſay, he was a Peer, and it is very true; buc, as he was a Petr, 10 nic was a .
Captain of the Army; and, in this caſe, we conſider Men as Members of the Ar-
my, not as Peers : And if a Peer will not ſubmit himſelf to an Officer of the Army,
he muſt ſubmit himſelf to the Order of the Army.
Beſides, I ſay it was intended only as a Diſcipline to him, the better to remember
him to govern his Tongue afferwards towards other Men; and, that there was
no more Prejudice fell upon him by it, but two or three dayes Impriſonment, ſo
there was no great Animnoſity in the buſineſs: beſides, it appeared to your Lórd-
ſhips; that two or three days after we writ to the King, and obtained his Par-
don; ſo that I conceive, the Inconvenience was not very great to him, nor the
Proceedings fuch, as ſhould make it unpardonable, or Criminal in them that
gave Sentence upon him, whereof I was nonc.
For that other, concerning Denmitt, your Lordhips may remember, he was
found Guilty of Stealing a Quarter of Beef, and from Running from
his Colours, and was formerly burnt in the Hand; for that he thould be
Proceeded againſt another way: But, falling out at that time, when Five Hun-
dred Men were going over to Carliſle, and they being unwilling to be put to Sea,
we were inforced to thoſe proceedings for the preventing of further Miſchief. And,
there is another thing; that the Martial-Law hath been alway in Force, and Ex-
ecuted in all times in Ireland, and never ſo ſparingly as in my time ; for, this is
the ouly Man that ſuffered all the time I had the Honour of the Government :
And, 'dare Appeal to them that know the Countrey, Whether, in former
times, many Men have not been committed, and Executed, by Martial-Law, by
the Deputie's Warrant, that were not Thieves and Rebels, but ſuch as went up
and down the Countrey ? if they could not give Account of themſelves, the Pro-
voſt-Martial, by direction of the Deputies, uſing, in ſuch caſe, to Hang them
up. I dare ſay there are Hundreds of Examples in this kind; fo that as to that,
I do not Juſtifie it; But, I ſay, it is a Pardonable Fault; and, that others are of
Courſe Pardoned for it ; And, I truſt, that what falls of Courſe, ſhall not be
laid upon me as High-Treaſon, or conducing to it,
The next is the Sixth Ärticle; and that is in the Caſe of Richard Rollston ;
and, therein, I am ſaid to have Subverted the Fundamental Laws, by executing
a Power and a Juriſdiction, which was not Warranted by Law, upona Paper Peci-
tion,putting out of Poſſeſſion of his Freehold & Inheritance my Lord Mountnorris.
My Lords, That Sentence will appear to your Lordſhips to be no more, then
the relieving a Poor Man in caſe of Equity; and, it is proved to you to be a
Power, that hath been formerly practiſed by the Deputies ; and, I humbly con-
ceive the Decree is juſt : So that, my Lords, 1 muſt confeſs, it is ſomething
ſtrange to me, That, having the King's Letter to Warrant me in the Courſe
of Proceedings, and having the Power of former Deputies in like Care, and
doing no more therein then the Lord Chancellor, by the very felf-fame Law,
ſhould do in other places : And, that which ſhould be done, by the Chan-
cellor, ſhould be innocent and Juſt, yet become High-Treaſon when done by
me, is a thing I underſtand not.
The next is the Caſe of Tonnres ; and, that is waved by them; and well may
it be; for, it was in a Caſe of Plantation; there was no Poſſeſſion altered,
and it is fully within the Book of the King's Inſtructions.
The next is in the Caſe of Sir John Gifford againſt the Lord Viſcount Loftus,
which they have Waved; and, well they may; for it was grounded on a Letter
froin the King, Commanding it to be heard by the Deputy and Council, which
is clearly within the Inſtructions and hath been ſince heard by theKing and Coun-
cil-Board, and by them Confirmed for a Juſt Decree.
The next is the Caf: of my Lord of Kildare ; and, that they may well Wave
too; the Proceedings being grounded upon a Letter from His Majeſty, and no-
thing done but in perſuance of an Award between the Lord Digbye's Houſe and
that Houſe of Kildare made by King Fames.
The next is the Lady Hibboi's Cale; and that was Relief given to Poor Men,
circumvented by Practiſe, to the Prejudice of himſelf. My Lords, I had Pow-
er to hear that Cauſe, and all Cauſes of that Nature, by the King's Letter, and
according to the Practiſe of former Deputies : And, i conceive, it will appear,
Vol. II.
when
1
R 2
4
t
116 An Impartial Collection of all the memorable Events
1 641.
when it comes to be heard, to be a juſt and fair Decrec, I do not any way que-
ſtion that, though I remember little of the buſineſs.
But, at the worſt, this is but an over-exerciſing of a Juriſdiction ; and, that
it ſhould be High-Treaſon in a Judg to exceed his Juriſdiction, I muſt confeſs I
never heard it. I told your Lordſhips the other day, Boni Judicis est ampliare
Juriſdictionem.
But, that it ſhould be High-Treaſon to enlarge Juriſdiction, is a perilous
Point; and, if it be ſo, it befits your Lordſhips, and all Judges, to be well cer-
tained what you may do, leſt by going too far, you fall into great Inconve-
niences.
But, my
Lords, Iſay (under favour) that all theſe, if they had been done
without any manner of Authority, had not been a Subverſion, but rather a di-
verſion of the Law: it could not be properly ſaid, to be the Subverting of the
Fundamental Laws, though it might be a diverting, and ſo long as I keep the
Rule of the Law, and do the ſame things that another man does, in a more le-
gal way, I mean in a'more warrantable place ; I ſay, my doing of the ſame thing
in an unproper place, is not a Subverſion, but a diverſion of the Law: If you
will bring in the Thames about Lambeth, to come in again below the Bridge, the
River is the ſame, though the Courſe be diverted to another place : So the Fun-
damental Law is the ſame, though the Courſe be diverted to another place; I
ſay, the Fundamental Law is the fame, only it is carry'd in another Pipe : And,
Shall this be ſaid to be a Subverting? Under favour, as the River is the ſame,
ſo the Law is the fame; it is not a Subverſion, but a diverſion. Nor doth it
skill where Juſtice be done (I mean ſo far as it concerns the Subjects Intereſt)
for, ſo long as he hath Juſtice ſpeedily, and with leaſt Charge, his end is
complyed with, and it concerns not himſelf, whether he hath it in the King's
Bench, or Common-Pleas ; ſo he hath it ſpeedily, and with the leaſt Charge
And therefore, as long as the Laws are the ſame, though Executed by ſeveral
Perſons, and in ſeveral places, I cannot conceive it to be a ſubverſion: And, I
ſhall humbly beſeech your Lordſhips, to take care, that while theſe ſtraynes are
put upon me, to make this Perſonal Charge againſt me, ye do not through my
Sides; Wound the Crown of England, by taking that Power from the Deputy,
which muſt of neceſſity be lodged in him, if you will have that Kingdom depend
upon the Crown of England, which I hold,in all Wiſdom and Judgment,ought to
be cared for: Therefore, í beſeech you, prejudice not the Deputy, to the
Diſabling him from ſerving the Crown hereafter, by beating down me, who am
this day to Anſwer before you; For, if you take away the Power of the Deputy,
you
ſhall not have that Kingdom long depend upon this Crown; for, it reſts
under God and His Majeſty, and muſt principally reſt upon the care of him that
is intruſted with that Charge: And, therefore, give me leave, on the behalf of
the Crown of England, to beſeech you to be wary of leſſening the Deputie's
Power too much ; for, if you do, I fear you will find it a great Diſſervice to
the Crown.
My Lords, the next thing I am Charged with is the 9th Article; That is,
a Warrant of Alliſtance to the Biſhop of Down and Connor, and, for that, your
Lordſhips ſee there was but one of them, and have heard it proved, that before
my time ſuch Warrants were frequent indeed, no man was denyed them : But,
my Lords, it moſt likewiſe be remembred, that of my own accord, I did recall
it, before I was ever queſtioned for it, and it is very hard, if he that mends his
Faults, ſhould be afterward puniſhed for it; for,it is a degree of Repentance and
it is hard, thiar a man ſhould be finally Condemned after Repentance : and
therefore, my Lords,I truſt, ſeeing there was but one of them, ſeeing I did my ſelf
recall it,ſo willingly,as ſoon as I found the Inconvenience, I hope that will be
calier remitted to me.
The next is the 10th Article, that concerns the Cuſtomes, and that is rather
to be looked on as a Fraud, then as a Treaſon, as I conceive it, there is no Treaſon
in the Buſineſs fure : But, I have proved, the Bargain was honeſtly made; That
there was more offered for it by me then any other; That I had it upon no other
Terms, then it was formerly,let to others; That I was conſtrain'd to it whether
I would or no; And then, My Lords, if the Bargain, by the Increaſe of that
Kingdom, prove a good and profitable Bargain ; it is a very hard Caſe, that if it be
increaſed
1
1
4
..
from the Scotch Rebellion to the King's Murther. 117
increaſed through the King's Wiſdom and Goodneſs and the Kingdoms Growth, | 1641.
Trade and Traffick, that this ſhould be turned upon me, as an Argument, to
make me Guilty of Treaſon.
I never found a good Bargain ſhould be ſo charged, ſo long as it was honeſt
and fair.
But, whereas they preſs, That I have gained Three Hundred Thouſand Pounds
Eſtate by it; it is a very ſtrange miſtake : For, the King has out of it his Rent of
15 or 16 Thouſand Pounds a year, and Five entire parts of Eight clear to Him-
felf; and therefore it was a ſtrange Calculation, and much miltaken by them that
that gave the Inforination of it to the Gentlemen.
For the book of Rates it was none of mine, but was agreed on before my time;
I had nothing to do with it, and therefore have nothing to Anſwer for it: And,
when it ſhall come to be proved, it will appear, that the Rates were fet fairly
and juſtly, and equal betwixt King and People, according to the Law, whatſo-
ever hath been ſaid to the contrary.
The next is the with Article, concerning Pipe-Staves, and that is by them
waved; and well they may, for the plain truth is, if it had been proceeded in
it would have appeared, that there is come Fifteen hundred pounds gain to the
King, and Four hundred pounds loſs to my felf, and preſerving of Woods, and
that is all that would be made from that Article.
The next is the buſineſs of the Tobacco, which is not applyable to Treaſon
in any kind
kind; but becauſe I would be clear in cvery Man's Judgment that hears me,
I beſeech your Lordſhips, to call to mind, it was the Petition of the Commons-
Houſe of Ireland, That the Grant of Impoſt on the Tobacco ſhould be taken in,
and converted to the King's uſe; ſo that whatſoever was done, was purſuing
their intention and deſire.
That there was no way but this, to make benefit and profit of it,is moſt mani-
feſtly ſhewed, that there was a Proclamation in England of the like nature, and
a Command of the King to proceed in it accordingly; and an Act of Parlia-
mentTrànſmitted here, for palling it to the Crown, according to the intention
of the Commons-Houſe; and, for the greatneſs of the Bargain, no Proof hath
been offered to your Lordſhips, but only the Eſtimate of a Merchant; and, how
far your Lordſhips would be guided by the Eſtimate of a Merchant, I know
not; but, I have had Trial of ſome of them, and their Eſtimates never hold;
for, they have alwayes told me, I ſhall gain much, and when I came to the
point, I gained nothing : and if Sir George Ratcliff Mould be ſworn to the Point,
he ſhould ſay confidently, that we are Fourſcore and fix thouſand out of Purſe;
and, when he came out of Ireland, but Fourſcore thouſand pounds received
and this is the Profit Eſtimated by the great Merchants, at a Hundred and Forty
Thouſand Pounds a year : But, at the worſt, it is but a Monopoly, and a Mono
poly of the beſt condition, becauſe it was begun by a Parliament. I have ſeen
many Monopolies queſtion d in Parliament, and many overthrown in Parliament,
but, I never heard a Monopoly charged for a Treaſon.
My Lords, The next is the 13th Article, and that is concerning the Flax buſi-
neſs; For that, my Lords, if I had thought it any way concerning me, I could
have cleared it in a very great meaſure; But,I had no private Intereſt in the bu-
ſineſs,much leſs of private profit ; but only an endeavour and deſire, to bring in
the Trade of Linnen-Cloth to that Kingdom, which would be much advantage to
both Kingdoms, and no prejudice to this Kingdom, which a Woollen Trade
would have been, if fet up there.
And, the Proclamation, when it was found not ſo well liking to the People, was
called in of our own accord, before it was queſtion'd,and fo laid aſide,&given over.
For any matter of private Benefit, you have no Witneſs but Crokay, a Fellow
brought out of Priſon ; Here is but a ſingle Witneſs, and a forry one a Fellow,
who, by mis-behaving and mis-uſing the truſt committed to him, was turned out;
and upon the turning of him out, the Proclamation was abſolutely called in : and
now he comes to be a Witneſs,being himſelf the only offender in the Cauſe.
But, I beſeech your Lordſhips, to think, 1 have not lived with ſo mean a
heart in the World, that I ſhould look to gain Four Nobles more or leſs, apon
1
a
!
118. An Impartial Collection of all the memorable Events
I 6 4 I.
ia
a Cart Load of Flax ; It is very well known my thoughts have carried me
free enough from gaining ſo poor and petty a matter, as that is. I know nothing
in the World of it, no more than the man in the Moon ; but, when it comes
to be heard, your Lordſhips will find me extreme pure in that; for, I thank God I
have clear hands I aſſure you. .
f
The 14th is waved by them, 'concerning an unlawful Oath given to Maſters and
Officers of Ships; and, it might very well be waved; for ì conceive it to be
Warranted by the Law : Sure I am, it is both the Practice of England and Ireland,
and hath alwayes, and at all tiines, been practiſed and uſed, and is only for the
preventing of Fraud and Deceipt in Merchants, by not paying the King's Duties
and Cuſtoms.
The 15th is Anſwered already I hope.
The 16th doth Charge upon me certain Propoſitions I made, before I went in-
to Ireland : And, in good Faith, my Lords, you may ſee, how ſhort-fighted
men may be to their own Actions; for, I did very well believe, I ſhould never
have reaped any thing from thoſe Propoſitions but Thanks ; I am ſure they were
well received then, when they were offered to His Majeſty and the Council ; and,
I muſt truely Confeſs, I never thought they hould be objected againſt me as a
Fault.
1
great Crims.
My Lords, The Propoſition was, That no man pould be allowed to complain of
Injuſtice or Oppreſſion in Ireland, unleſs he firſt addreſſed himſelf to the Deputy: My
Lords, there
was no Original Intent, but only to prevent Clamours, and
Unjuſt
Vexations of the King's Miniſters there; that, after men had received Judgment
of the King's Courts, they might not preſently come, and, by Clamours, call
over a Chief Juſtice, or a Chancellor, or Preſident, to Anſwer here, and be at
charge of five or ſix hundred pounds, unleſs they acquaint the Deputy with it,
that they might be righted in the place ; and, this is Charged againſt me as a
Truly, My Lords, I ſhall Confeſs, and Amend any thing, and truſt other
Judgments rather than mine own; but, I ſee not how this can Charge me, as
intending to ſubvert the Laws of the Land, but rather to preſerve them.
The other concerns a Proclamation, That none ſhall depart the Kingdom without
Licenſe.
My Lords
for that I have ſhewed, that no man out of that Kingdom,
can come
without Licenſe, but upon very great Penalties. I have ſhewed likewiſe, it was
the deſire of their own Agents ſome 15 or 16 years ſince, Thac there might be
ſuch a Reſtraint, and none might come over without Licenſe. I have ſhewed
you likewiſe, the Inſtructions to my Lord of Faulkland, by which he was command-
ed, in perſuance of that Deſire, that none ſhould come over without his Liceriſe :
I have Mewed the expreſs Command of His Majeſty to me, to have it fo. I have
Dhewed you likewiſe the Reaſons of State, why it ſhould be ſo, to prevent that
practice and Intelligence, which might otherwiſe ariſe betwixt them of that Na-
tion, ſerving under Tir-Connell and O Neale; and likewiſe to prevent the going
over, and Tranſplanting the Primé Nobility and Gentry to Seminaries, and
other ſuch places, there to be brought up: and therefore, in reaſon of State, it
is a Reſtraint, and ought ſo to be. But, having theſe grounds of Law, Warranty
Practice, Former Inſtruction and all, Why this ſhould be brought to me in par-
ticular Charge, to Convince me of endeavouring the Subverſion of the Laws, I
muſt ſubmit to your Lordſhips.
My Lords, There is, in the latter part of this, another Charge, concerning
the Sentencing of one Parry, who was Sentenced ( as I conceive ) very Juſtly;
and, I have no more to anſwer for in that Sentence, than any of the reſt, having
but a ſingle Voice; and, that I hould anſwer for all, I confeſs is ſomething hard.
But, there is no manner of Teſtimony in the World in this, fave the Teſtimony
of Parry himſelf: Now, if Parry, the Man offended, his Teſtimony ſhall be taken
againſt the Judge, I know no Man can
be ſafe, and other Teſtimony is not offered:
and therefore I truſt that that will eaſily fall off of it felf.
The
+
.
4
.
1
from the Scotch Rebellion to the King's Murther. 119
Tue 17th is likewiſe waved ; and is, in Truth, of no great Confiquence,one way ! 164 1.
or other, and therefore I Thall give no other Anſwer to it ; It was well waved, and
had been as well left out, having no great matter in it.
The 18th is likewiſe waved, but it is that which ſticks very heavy upon me;
and wherein I find my ſelf as much afflicted, as in any one part of the Charyc: For;
my Lords, here I am Charged up and down, to endeavour to draw upon ny ſelf á
D-pendance of the Papiſts, in both Kingdoms of Ireland and England, and, that
I have, during the time of my Government, reſtored diverſe Mals-Hour's in
Dublin and elſewhere, that have been by Precedent Deputies taken away. I am
likewiſe Charged to have drawn to my ſelf a Dependance of the Iriſla Army,
Eight Thouſand, all Papiſts; and likewiſe to have miſcarried my ſelf in a Com-
million intruſted with me, before my going into Ireland, concerning Compoſitions
for Recuſants.
This is a very heavy and grievous Charge, and hath raiſed a great deal of III
Opinion againſt me in the World, to be a Favourer and Contriver with Papiſts,
and I know not whom, againſt the Religion I profeſs, a Greater and Fouler
Crime, there cannot be againſt God or Man; and yet this goes in Print all over
the World : and, when it comes to the Point, here is no Proof, nor any part of
the Charge made good. And, therefore ſince it is not made good by the Charge,
I humbly
deſire I may be vindicated in your Lordſhips Noble Opinions, and the
Opinions of all that hear me,that I am in my Religion, what I ought to be; and, that
which I will Dye in, and Maintain againſt all the World: And, I am ſo far from
Contriving any thing to the hinderance of it, that, if God give me life, I will
ſerve it, and prevent any inconvenience to it : and, my Religion and Duty to
God is ſo Dear, and precious to me, that there is nothing in this World, but I
ſhall lay it down as Straw, and Stubble, under my feet, and trample upon it, ra-
ther, then in any kind, forfeit that : but, in the mean time, I ſuffer, and muſt be
content.
yu
1
My Lords, The next is the 19th Article; and, that was, for framing a New and
Unuſual Oath, which the Scets did take in Ireland, to give Plicgcs ct their Alle-
giance to the King; I have ſhewed you for that, that the Oath was framed by the
King's expreſs Command in January, before the Oach was given, which was,
I think, in May. And, I did then humbly conceive it lawful for me ſo to do,
being only to take from them a Pledg of their Allegiance to the King. I confils,
I conceived ſuch an Oath might have been lawfully Adminiſtred to the People;
and ſhewed, that the ſame Oath was Adminiſtred here in England, to thoſe of
that Nation, I ſhewed that it was taken in Ireland voluntarily: And, I humbly
repreſent to your Lordſhips the time when this Oath was required, when the
King and both the Armies were in the Field, lodged not far from one another :
And, whereas it is ſaid, it ſhould oblige the Clergy in Eccleſiaſtical Matters
if your Lordſhips call to mind, the very Oath it ſelf clears that Point, requiring
onely a Temporal Obedience and Allegiance, in a time of that Danger and Di-
ſtračtion, given by the King's own Command, and to‘no ocher purpoſe.
And, my Lords, the Proofs are nothing at all on the matter ; Sir James Mont-
tells you a Tale, not much Material ; nor Mr. Maxwell, nor Sir John
Clotworthy, there is nothing at all in it concerning Treaſon. Stewart's Sentence
remains only to be anſwered in this Article ; for that, I conceive it was juſtly
and fairly given, as I then conceived. I was one of the reſt, and nothing was
intended by that Decree, but his Reformation; and, when he had pleaſed to
have taken the Oath, he might have been releaſed of the Sentence, and ſent
home again quietly.
The next is the 20th Article ; Wherein I am Charged to be a Provoker, and
Incendiary of a War againſt his Majeſties Subjects of the Scorch Nation; and,
that I ſhould ſay of them, They weré Rebels and Traytors: and, being about to
come into England, that I ſhould ſay, I would root oiit of the Kingdom the Scotiſh
Nation Root and Branch,
gomery tells you
1
1
My
41
1
;
I
C
KT
K
in
120 An Impartial Gollection of all the memorable Events
1 6.4 1.
My Lords, I ſhall need no more to ſay in this, for my being an Incendiary;
u
I think by the Proof, it hath been clearly made appear to your Lordſhips that í
gave no Opinion, but ſuch as others did in the like Cafe. It'is proved by Lord
Traquair, and my Lord Treaſurer, and might have been proved by many more,
if it has been needful.
For the Words, that I ſhould ſay, The Rooting out the Scots Root and Branch,
They are only teſtifid by one fiogle Witneſs ; Salmon the School-Maſter ſwears
it, and no man elſe but he; and, I hope, my Lords, that when your Lordſhips
do call to mind, how he is Croft by his Fellow Witneſs John Loftus, your Lord-
ſhips will be ſatisfied; he Swears I will perſecute them to the
Blood, and root
them
outRoot and Branch,and, I cannot tell what:But, John Loftus faid indeed that I ſaid,
I hope that ſuch of the Scottiſh Nation, as would not ſubmit to the Eccleſiaſtical
Government,
I would root out ſtock and branch : a wonderful difference be-
tween theſe two. But, my Lords, it was teſtified by Mr. Secretary Manwa-
ring then preſent, that I never ſpoke the one nor the other, but as in my An-
ſwer I did truely and faithfully deliver it; I ſaid, that unleſs they would take
that Oath of Allegiance, and ſecure the King of their Allegiance in that point,
I hope I ſhould not ſee any of them ſtay in that Kingdom, that refuſed it : and,
there is no proof in the World but the School-Maſter; and, I hope your Lordſhips
will not take him to be a good and valid proof to convince me in this Caſe, being
a perſon of no greater Quality, and croſſed by his fellow Witneſs: For my felt,
I do abſolutely fay, I was ſo far from wiſhing ill to that Nation, or any Diffenfion
or Diviſion between them, that I never deſired other in my heart and ſoul, but
a firm Peace through the King's Dominions : My Counſels tended to that ; and,
if I might ſeem to begin in a contrary way, yet the laſt reſort was, to bring alí
to quietneſs, and ſo, that it ſhould be without Blood. And, I dare ſay, there
be them that heard me ſay it many a time in the King's Council
, That the King
ſhould be in nothing ſo much ſparing and tender, as to draw any Blood in that Quarrel;
I dare ſay, many that heard it will juſtifie me in it: And, if your Lordſhips
will give me leave,I do think I have ſomething that might procure your Lordthips
belief that it was ſo; for, at that time, my Fortune ( though now by Misfortune
it be mean enough ) was ſuch, as I needed not deſire to ſhuffle the Cards, and
deal anew, and eſpecially, when nothing was to be got but Blows: and, that I
truſt will be an Argument to your Lordſhips, that nothing was deſired by me ſo
much as Peace; and that under God's goodneſs, and the protection and Benefit
of His Majeſtie's Scepter, I might enjoy the little Eſtate my Anceitors left nie;
for, it is certainly true, whatever the World may think to the contrary, it is
very
little better from what my Father left me ; ſomething it is,and the moſt part
of the Improvement of it was before I came to ſerve the King; and yet I have had
more from the King then I deſerved in all kinds, and all the whole ſervice of
my
Life, were it never ſo many years, could not Merit, nor deſerve from him, the
Hundred part of what I had from His Favour.
My Lords, Mr. Treaſurer Vane ſays, I was in the Argument for an Offenſive
and he for a Defenſive War, for a War both of us : And, I beſeech your Lord-
ſhips, How ſhould it be more Treaſonable for me to be for an Offenſive, then
for him to be for a Defenſive War? for a War there muſt be, and the differ-
ence was not great : and, for a Councellor to deliver his Opinion, and have
that turned upon him as Capital, to ſweep from the World himſelf and his Po-
ſterity, is a very hard Cafe, to ſay no more of it.
The next Article is the 21th, wherein I am Charged to be an Enemy to Par-
liaments ; a Breaker of Parliaments; and did, by that means, ſow ill Affecti-
ons betwixt the King and His People.
My Lords, This is more fully Charged in a Subſequent Article then this ; for,
this is but only for breaking of the laſt Parliament; that I ſhould adviſe it to be
called, with an intent to break it, which is very unlikely; for, that nothing in
the world could be of ſo happy effect to me, as the ſucceſs of that Meeting,
and yet I muſt deſtroy, and diſadvantage my ſelf in that, then which, nothing
could be of more advantage then the ſucceſs of that Parliament.
The 22th Article is Anſwered already; and, the 23th likewiſe.
.
:
.
:
mi
.41
per tir
M
1
In
11
121
1 641.
0
from the Scotch Rebellion to the King's Murther.
În the 24th Article, comes in that of the Parliament more fully; and there I
am Charged Falily, and Treacherouſly, and Malitiouſly; to have declared before
His Majeſties Privy-Council, That the Parliament of England had forſaken the King,
and given Him the Advantage to Supply Himſelf otherwayes ; and having ſo Mali-
tior:fly Slandered the ſaid Houſe of Commons, that I did, with the Advice of the
Archbiſhop of Canterbury, and the Lord Fir.ch, Publiſh a Falſe and Trayterous
Book, called, His Majeſtic's Declaration of the Cauſes of Difolving the last l'arlia-
ment,&c. This goes very heavy upon me in the World, that I ſhould be a brea.
ker of Parliaments; a Counſellor againſt Parliaments. My Lords, there is nothing
proved of it; and, I hope I ſhall be cleared by your Lordſhips, and theſe noble
Gentlemen, and all the World, that I had no ſuch thing in my heart.
For the point of the Declaration, I svas at that time Sick in my Bed, and could
do nothing in it, and therefore I truſt i Mall be acquitted as to chat : As to the
Breaking of the Parliament, or any ill-will to Parliaments, I have ever honour'd
them; and, far be it from me to wiſh, that they may not be frequent, for the
good of the King and Kingdom ; but, as oft as you ſhall have it urged, and preſt
againſt me, that ſhould be an endeavourer to Subvert the Fundamental Lawes of
the Land in this kind, I beſeech your Lordſhips, call to mind what hath been
prova
ed, that at all Publick Debates, at Council, and Privately apart, I have humbly
repreſented to His Majeſty, from time to time, That Parliaments are the Only Way
to Settle Himſelf in Quictneſs in the Kingdom, and to acquire Proſperity and Happineſs
to Himſelf and His T'eople : And, when you ſhall hear them preſs upon me, that I
have endeavoured to Subvert the Fundamental Laws of the Land, I beſeech your
Lordſhips to call to mind, how frequently and fervently I have adviſed the King,
to call for Parliaments, which, under God is the great Protection, and Defence of
the Fundamental Laws of the Kingdom,
To the 25th I have Anſwered already, and to the 26th likewiſe.
The next is the 27th ; and, for that, I can ſay no more, then that your Lord-
ſhips have heard the Proofs for the Levying of Money; it hath been cleared to
your Lordſhips, that nothing was done by me, but by Conſent of the Country,
with their Unanimous good liking, and for their benefit and advantage : Being
done ſo, and for ſo good ends, as I truſt that ſhall not be enforced againſt me;
and, it is very ſtrange to me why it ſhould be expected, that if two Armics be in
the Field, one againſt the other (as there was at York) that they ſhould be
Govern’d with as much quictneſs, as an Atturney walking with his Writs at his
Girdle, betwixt the King's Bench and the Common-pleas.
For, Armies cannot be Govern'd without ſome Latitude in this kind : Inter ar-
ma Silent Leges: rightly applyed, there is truth in that. But, I did nothing in the
Buſineſs, 1did nothing by Compulſion, but by the voluntary liking of the Par-
ties themſelves : and therefore, I conceive, that ſhall not be Charged upun me
as Treaſon.
There remains now the 28th Article; and that is the onely Bloody Article, if it
had been, or could be made good, that is in the whole Charge; for, there I am
Charged, out of ill and wicked purpoſes (and, indeed, What can be worſe than
Treaſon) to have Betrayed Newcastle into the power of the Scotch Army; and,
likewiſe, to have betrayed the King's Army at Newburs, to a diſhonourable
Retreat.
My Lords, if either of theſe had been true, I ſhould have ſaved your Lord
ſhips the labour. I would have given Judgment againſt my ſelf, that had been
certain : But, my Lords, never was any Man more Innocent, therefore they may
very well wave it.
Have I been all this while Charged as an Incendiary? and, Am I now come in
the Concluſion to be charged as a Confederate ? it is wonderful ſtrange! certain-
ly your Articles fight one againſt another in this ; for, How can I be an Incendi-
ary in one part, and a Conſpirator with them that Charged me, to be an Incen-
diary in the other part ?
In good Faith, I have not been very kindly dealt withal by my Confederates, if
they be Confederates, to Charge me as an Incendiary, that did them that Ser-
vice and Help, as to deliver into their hands a Town of ſuch Conſequence as
that is.
Ņo, my Lords, I wiſh all happineſs to the Nation, but, I can never wiſh fo to
Vol. II.
R
itz
11.
1
i
1
1
3
1
1
1
4
.
122 An Impartial Collection of all the memorable Events
1 641.
it, as that they ſhould take one of the King's Towns in England, if I could have
helped it. My Lords, it was loſt before I had the Charge of the Army, I had
nothing to do in the buſineſs, nor am I to give any Accompt of it, nor is any thing
proved.
And, as to the Defeat at Newburn, you yet fight one Article with another, me-
thinks in that too;for,I am charged to be the Man,that delivered up Newcaſtle,and
yet,all the World knows that nothing could ſave it from being loſt, but taking a-
way from the Scots the Paſſages at that time: So, that I ſhould uſe all means to
prevent
Men from doing that, which I meant to do for them,is verye all ſtrange to
me. Here is no Probability, and certainly little truth in the whole buſineſs,as
concerning my Confederating with the Scots, either for the one or the other.
And ſo, my Lords, I am come to the end of theſe 28 Articles, that were for my
further Impeachment; I have gone over them all : and, out of theſe now there
remains, that other Second Treaſon, that I ſhould be guilty of endeavouring, to
Subvert the Fundamental Laws of the Land, in the firſt of thoſe Seven Articles.
My Lords, That thoſe ſhould now be Treaſon together, that are not Treaſon
in any one part, and Accumulatively to come upon me in that kind; and, where
one will not do it of it ſelf, yet woven up with others, it ſhall do it ; Under fa-
vour, my Lords, I do not conceive, that there is either Statute-Law, or Common-
Law, that hath declared this, endeavouring to Subvert the Fundamental Laws, to
be High Treaſon.
I ſay, neither Statute-Law, nor Common-Law Written, that I could hear of;
and, I have been as diligent to enquire of it as I could be : And, your Lordſhips
will believe 1 had reaſon ſo to do. And, ſure it is a very hard thing, I fhould
here be queſtion'd for my Life and Honor, upon a Law that is not Extant, that
Cannot be Shewed. There is a Rule that I have read out of my Lord Cook, Non
apparentibus c non exiftentibus eadem eſt Ratio.
Felu! My Lords, Where hath this Fire lay'n all this while, ſo many hundred
years together, that
no Smoak ſhould appear till it burſt out now, to conſume me
and my Children. Hard it is, and extream hard, in my opinion, that a Puniſh-
ment ſhould Precede the Promulgation of a Law; that I ſhould be Puniſhed by a
Law Subſequent to the Act done. I moſt humbly beſeech your Lordſhips, take
that into conſideration ; for, certainly it were better a great deal to live under
no Law, but the Will of Man,and Conform our felves in Humane Wiſdom, as well
as we could ; and, to Comply with that Will, then to live under the Protection
of a Law, as we think, and then a Law ſhould be made to puniſh us, for a Crime
precedent to the Law: then I conceive no Man living could be ſafe if that ſhould
be admitted.
My Lords, it is hard in another reſpect, that there ſhould be no Token fèt
upon this Offence, by which we may know it; no manner of Token given; no
Admonition by which we might be aware of it. If I paſs down the Thames in a
Boat, and run and Split my ſelf upon an Anchor, if there be not a Buoy to give
me warning, the Party ſhall give me Damages; but, if it be Marked out, then it
is at my own peril. Now, my Lords, Where is the Mark ſet upon this Crime ?
Where is the Token by which I ſhould diſcover ? if it be not Marked, if it lie un-
der-Water, and not above, there is no Humane Providence can prevent the De-
îtruction of a Man Preſently and Inſtantly. Let us then lay aſide all that is Hu-
mane Wiſdom,let us rely onely upon Divine Revelation ; for, certainly, nothing
elſe can preſerve us, if you will Condemn us before you tell us where the Fault is,
that we may avoid it.
My Lords, may your Lordſhips be pleaſed to have that regard to the Peerage
of England, as never to ſuffer your ſelves to be put upon thoſe Moot-Points
upon
ſuch conſtructions, and Interpretations, and Strictneſs of Law, as theſe are when
the Law is not clear nor known: If there muſt be a Tryal of Wits, I do moſt
humbly beſeech your Lordſhips to conſider, that the Subject may be of ſomething
ell:, then of your Lives and
your
Honors.
My Lords, We find, that in the Primitive time, on the Sound and Plain Do-
Erine of the bleſed Apoſtles, they brought in their Books of Curious Art, and
burnt them.
My Lords, it will be likewiſe, under favour (as I humbly conceive ) Wiſdom
and Providence in your Lordſhips, for your ſelves and poſterities, for the whole
Kingdom,
1.
21
1
123
IL
A.
1 641.
1
448
1
4
3
11
IHII
1
from the Scotch Rebellion to the Kings Murther.
Kingdom, to caſt from you into the Fire, thoſe Bloody and Micicns Voluines,
of Conſtructive and Arbitrary Treaſons, and to betake your ſelves to the plain
Letter of the Statute, that tells you where the Crime is, t'iát ſo you may avoid
it; and let us not, my Lords, be ambitious to be more Learned in thoſe killing
Arts, then our Fore-fathers were before us.
My Lords, It is now full Two Hundred and Forty years ſince any Man ever
was
Touch'd, to this Height, upon this Crime, before my ſelf; Wehave lived,
my Lords, happily to our felves at Home, we have lived Gloriously Abroad to
the World ; let us be content with that which our Fathers left us, and let us not
awake thoſe Sleepy Lyons to our ownDeſtruction by Ratling up of a Company of
Records that have lay'n for ſo many Ages by the Wall,Forgotten,or Neglected.
My Lords, There is this that tri ubles me extreamly, left it ſhould be my
Misfortune to all the reſt (for my other Sins, not for my Treaſons) that my Pre-
cedent ſhould be of that Diſadvantage (as this will be, I fear, in the Conſequence
of it) upon the Whole KINGDOM
My Lords, I beſeech you therefore, that you will be pleaſed ſeriouſly to con-
ſider it, and let my particular Caſe be ſo looked upon as that you do not through
me, Wound the Intereſt of the Common-Wealth: For howſoever thoſe Gentlemen
at the Bar ſay, They Speak for the Common-Wealth, and they believe ſo ; yet,
under favour, in this particular, I believe I Speak for the Common-Wealth too
and, that the inconveniencies and Miſeries that will follow upon this will be ſuch,
as it will come, within a few Years, to that i which is expreſt in the Statute of
Henry the Fourth, it will be of ſuch a Condition, that no Man ſhall know what to
do, or what to ſay.
Do not, my Lords, put greater Difficulty upon the Miniſters of State, then that
with Chear fulneſs they may Serve the King and the State, for, if you will Exa-
mine them by every Grain, or every little Weight, it will be ſo heavy, that the
Publick Affairs of the Kingdom will be left waſte, and no man will meddle with
them, that hath Wiſdom, aud Honor, and Fortune to loſe.
My Lords, I have now troubled your Lordſhips a great deal longer, then I
ſhould have done; were it not for the Intereſt of thoſe PLEDGES, that a Saint
in Heaven left me, I would be loth, my Lords -(here his Weeping ſtopt him
what I forfeit for my ſelf is nothing; but, I confeſs, that my Indiſcretion ſhould
Forfeit for them, it wounds me very deeply. You will be pleaſed to pardon my
Infirmity; ſomething I ſhould have ſaid ; but, I ſee I ſhall not be able, and there-
fore I will leave it.
And now, my Lords, for my Self, I thank God I have been, by his Good Bler-
ſing towards me, taught, That the Aflictions of this preſent Life, are not to be com-
pared with that Eternal Weight of Glory, that ſhall be revealed. for us hereafter : And
ſo, my Lords, even ſo, with all Humility, and with all Tranquility of Mind, I do
ſubmit my ſelf clearly and freely to your Judgments; and, whether that Righteous
Judgment ſhall be to Life, or to Death,
R'
пня
+
*+ K +
ti!
I
11 HA-
)
74 4,
IPINY
1.1
.
1
3
+ Te Deum Landamus, Te Dominum Confitemur.
And then lifting up his Hands and Eyes he ſaid, In te Domine confido,
ne confundar in Eternum.
Thus did this Great Mind deliver his Defence;with a Grace and Action
fo'unimitable and peculiar" to himſelf, as wrought Admiration and Com-
paſſion in his very Enemies, at leaſt for the preſent : And pitty it is, that
it cannot be found in the power of Art to reſcue that part of Eloquence
which conſiſts in Action, from oblivion ; and had it been poſſible here
would have been ſomething beſides the Words, capable of Obliging Poſte-
rity, and worthy of their Imitation ; for certainly as his very Enemies
confeſſed, Heivas one of the greateſt Maſters of Perſuaſion, that Age or any
other have produted:
My Lord having concluded his Defence, Mr. Glyn äddreſing himſelf
to the Lords,ſpoke as followeth.
"Vol. II.
R 2
!
1
May
i
it
1
124 An Impartial Collection of all the memorable Events
164 I.
1
+
!:
Alay it pleaſe Your Lordſhips,
M
Y Lord of Strafford (as your Lordſhips have obſerved,) hath ſpent a great
deal of time in his Evidence, and in his courſe of Anſwering, hath invert-
ed the order of the Articles; he hath ſpent ſome time likewiſe in defend-
ing the Articles nor objected againſt him, wherein he hath made a good Anſwer,
if in any: We ſhall preſume to withdraw a while, and reſt upon your Lordſhips
patience, and I doubt not but to repreſent my Lord of Strafford as cunning in his
Anſwer, as he is ſubtil in his Practice.
The Committee withdrawing for about the ſpace of half an hour,and
then returning to the Bar, Mr.Glyn proceeded as followeth.
My Lords,
Your Lordſhips have obſerved how the Earl of Strafford hath been accuſed by
the Commons of England of High Treaſon, for a purpoſe and deſign to fubvert the
Fundamental Lawes of borb the Kingdoms of England and Ireland, and to introduce
an Arbitrary and Tyrannical Government. The Commons have exhibited Articles
in maintenance of that Charge: My Lord of Strafford hath thereunto anſwered
in Writing. The Commons have proceeded to make good their Charge by proof,
and thereunto my Lord of Strafford hath made his Defence; and this day my Lord
of Strafford hath taken upon him to recollect his Evidence, and make his obfer-
vation upon it, the moſt he could to his advantage.
My Lords, We that are intruſted for the Houſe of Commons, ſtand here to
recollect the Evidence on our part, and to apply it to the general Charge, and
how far it conduces thereunto.
My Lord of Strafford in recollecting 'the Evidence of his Defence, as I did
mention before, hath (under favour) expreſt very much fubtilty, and that in
divers particulars, which I ſhall repreſent to your Lordſhips.
My Lords, before I enter upon the recollection of the proofs produced on the
behalf of the Commons, I ſhall make ſome obſervations, and give ſome anſwer
to that recollection of his; though very diſorderly to the method I propounded
And Firſt, in general, it will appear to your Lordſhips, ( looking upon your
Notes, and obſerving his recollection) that he hath uſed the repetition of Evi-
dence on both ſides, in ſuch manner as you know who uſed Scripture ; thac is, to
cite as much as makes for his purpoſe,and leave out the reſt. And likewiſe, that in
repetition of the Evidenice, he hath miſ-recited plainly , very much of the
proofs on both ſides, and likewiſe hath pretended ſome proofs to be for his De-
fence, which indeed were not: and he hath taken this farther advantage; when
it makes for his Defence, he hath diſjoynted the Proofs and Teſtimonies, and fe-
vered them aſunder, that it might appear to your Lordſhips, like Rain falling in
drops, which conſidered în diſtinct drops, bringino horror, or ſeeming incon-
venience with them ; but when they are gathered together into an entire body,
they make an Inundation, and cover the Face of the Earth. He would not have
your Lordlips look on thoſe Teſtimonies together, but diſtinctly and alunder,
which being put together, look horrid, as will appear to your Lordſhips, when
jou duly conſider of them.
Thele be the general obſervations, which in- my Anſwer I doubt not but to
make good : But before I fall enter into obſervations of what he hath fpoken,
Iſhall anſwer in general to ſome things which he hath in general alledged.
In the firſt place, he hath made a flouriſh this day, and ſeveral other days in
the way of hisDefence,That if he could have had longer time he could have made things
appear clearer, and have produced more proofs: Give me leave to inform your
Lordſhips, that he is no way ſtreightned of time, for he hath been charged above
three months ſince:he knew what was laid to hisCharge,nd therefore his pretence
of want of time and of his Diſabilities to make better proofs are but Flouriſhes
.
And it appears plainly,, whatſoever he hath had occaſion to make uſe of, even
the leaſt paper, though he fetched it from Ireland, there is not one wanting; he
hath Copics of Papers from the Council-Table, from the Parliament of Ireland
and
to my felf.
A
1
+
1
+
L.
!
*
2
:
ty
1
+
--
.
.ch
/
1
+
.
11.
IC
1
+
.
!
from the Scotch Rebellion to the King's Murtber.
125
and all that may any way tend to his juſtification and yet he ſtands upon tfiat floksa | 16 41.
rifli, that if he had hed time, he could have made it more clear.
My Lords, He hath mentioned often this day, and oftner the days before,
That many of the Articles laid to his Charge, are provedbu by one Witneſs; and
thereupon he takes the advantage of the Statute of E. 6. that ſayes, A man
ought not to be condemned for High-Treaſon, without two Witnefes. "My Lords,
This is a fallacy known to his own breaſt, I doubt not, and not taught him by
any of his Counſel, or others Learned.
The Treaſon laid to his charge, is, The ſubverting of the Lams; the Evidence
is, the Article proved: and though ſome one Article appears to be proved but
hy one; yet put the Evidence together, you ſhall never find it to be within the
words or meaning of the Statute; for the Charge is proved by a hundred Wit-
nelles : and becauſe one part of the Evidence is proved only by one Witneſs,
ſince, when you put them together, you will find a hundred Witnelles, iç is not
within the words, nor meaning of the Statute, neither will his Counſel direct
him to ſay ſo, I am confident.
My Lords, another obſervation I ſhall be bold to make, is, that he was plea-
ſed to caſt an aſperſion ( as we muſt apprehend) upon them that are truſted by
the Houſe of Commons this day, That we that ſtand herc, alledged and affirm-
ed things to be proved, that are not proved. He might have pleaſed to have
ſpared that language; we ſtand here to juſtifie our felves, that we do not uſe to
expreſs any language, but what our hearts and conſciences tell us is true; and
howſoever he is pleaſed to caſt it upon us, I am confident I ſhall invert it upon
himſelf and make it appear,that he hath been this day guilty in the higheſt degree,
of what he moſt unjuitly layeth to our charge.
And now my Lords, to enter upon the particulars he hath been pleaſed to
make it his general Theme to day (though he hath not ſpoke much to day but
what he hath ſpoken formerly ) that theſe particulars conſidered by themſelves
make not a Treaſon, and therefore put together, he wonders how they ſhould make a
Treaſon : Several miſdemeaners, can never make a murther, and ſeveral Murthers
can never make a Treaſon; and he wonders it should be otherwiſe in, tbis Cafe. My
Lords, He did inſtance it ( if my memory fails not ) in a Caſe of Felony ; That
if a bloody knife hould be produced in the hand of the party fuſpected to have flain the
man, if the party had been shere ſeen before the death, it were a ſtrange Evidence;
but there muſt be death in the caſe, the fact must be committed, elſe there can be no
murther ; but he himſelf might anſwer himſelf, for there is a great difference;
There cannot be murther but there muſt be death, but he knows very well there
may be Treaſon and yet no death; it is too late to forbear queſtioning Treaſon
for killing the King, till the King be killed: God forbid we ſhould ſtay in that
Cafe,for the very intention is the Treaſon and it is the the intention of the death of
the law that is in queſtion,and it had been too late to call him to queſtion to an
ſwer with his life for the death of the Law, if the Law had been killed, for there
had been no Law then; and how ſhould the Law then have adjudged it Treaſon,
when the ſame was ſubverted and deſtroyed.? and therefore he is much miſtaken.
The greateſt Traytor, in the memory of any that fits here to hear me this
day, had a better, a fairer excuſe in this particular, than my Lord of Strafford,
and that is Guido Faux; for he miglit have objected, that the taking of the
Cellar, the laying of the Powder under the Parliament-Houſe, the kindling of
the Match, and putting it near, are not ſo much as a miſdemeanor, if you look
no further; for it was no offence in him to lay Barrels under the Parliament-
Houſe, and to kindle the Match, and to lay it near; but collect all cogether,
that it was ca intentionc, to blow up the King and the State, there is the Treaſon :
but God be bleſted it was not effected, ſo that the rule is the ſame. Nay,
my Lord of Strafford hath not fo much to ſay, when he is charged with a pur-
poſe and intention to ſubvert the Law; for to that purpoſe gave he traiterous
Counſels, and executed actions, thereby diſcovering his intentions to deſtroy
the Kingdom, and to deſtroy the King's claim by Law, and diſcent. It is true,
they were not put in execution, but they declared his intentions; therefore this
gives an anſwer to his firſt flouriſt, which is not ſo great an Argument as the
greateſt Traytor might uſe for himfelf
, and yet it proved Treaſon in him.
Му*
4
C
n.
11
LI
يا المطر
+
'
:
5
.
126
I 641.
4. IL
EK
An Impartial Collection of all the memorable Events
My Lords, he hath been pleaſed to divide his Treaſons into two parts, and
his diviſion 1 allow of, that is, Treaſon by Statute-Law, as he terms it, though
it be Treaſon by the Common-Law; and conſtructive Treaſon : And
upon
that
method he hath recited the evidence produced on either part; Give me leave to
follow and trace him a little, and afterwards to diſcharge my own duty in taking
my own courſe, and repreſenting the evidence as it appears, truly; and I will a-
void (as much as I can) to fall into my Lord of Strafford's error,in mif-reciting a
Particle ; if I do, it ſhall be againſt my will.
He begins with the Fifteenth Article, and pretends that that is not proved :
The ground and foundation of that Article, was a Warrant iſſued out by him-
ſelf to a Serjeant at Arms, one Savill, which gave directions and power to that
Scricant, to lay Soldiers on any perſon that ſhould contemn the Proceſs of the
Council-board in Ireland; that was the effect : Now (fays he) this Warrant is not
produced, and adds, That the Judges will tell your Lordſhips, that if a man be charged
with any thing under Hand
and Seal the Deed muſt be produced and proved, or elſe no
credit is to be given to it. Truly, my Lords, it is true, if it had been a Bond, or a
Deed, where thoſe that Seal it,uſe to call their neighbours to teſtify, and be Wit-
neſſes to it, perhaps it might be a colourable anſwer, that becauſe we do not pro-
duce the Deed, and prove it by Witneſſes, you can therefore give no credit to
it : But my Lords, in caſe of authority to commit High Trealon, I ſuppoſe my
Lord of Strafford, nor any other, did call witneſſes to prove the signing, Seal-
ing, and Delivering of the Warrant for execution of High Treaſon; and there-
fore it is a new way and invention found out by his Lordſhip, for ought I fee, to
commit High Treaſon, and to give authority for it, and it is but taking away
the original Warrant, and he ſhall never be touched for any Treaſon. But I
beſeech your Lordſhips patience, till
. I come to open that Article, and your Lord-
fhips will find the Warrant, (though it be not produced, ) proved by three or
four Witneſſes, and his Hand and Seal proved too. And whereas he pretends the
Serjeant àt Arms is no competent Witneſs, becauſe he excuſes himſelf; my Lord
miſtakes himſelf, for I take it to be no excufe, to prove a Warrant from any per-
ſon whatſoever, if it be to commit High Treaſon : and therfore Savil's teſtimo-
ny is the more ſtrong, being ſo far. from excuſing, that he doth accuſe himſelf:
And though he is charged with laying of Soldiers upon the King's People,.con-
trary.to an expreſs Act of Parliament made in 18 H. 6. yet my Lord is pleaſed
(I know not how to term it, whether it be merrily or otherwiſe) to uſe his Re-
torick, Here is a great levying of War, when there is not above four Musquetiers, or
fix at moſt, laid upon any one man.
My. Lords, it is a plain levying of War, and withoutt all queſtion, and in all
fenſe, it is as much miſchievous to me to be ſurprized by four or fix Muſquetiers,
to enforce me to any thing they would have, as if there were an Army of Forty
thouſand brought upon me; for if that ſtrength will but over-maſter me, it is all
one to me, whether I be maſtercd by four, or by four thouſand. And therefore
let nog this be a rule, that to ſend four, or ſix, or ten Muſquetiers up and down,
is not conſiderable, becauſe of the ſmalneſs of the number (the danger is the
fame ; )yet this is no levying of War, becauſe they goe not in Troops of greater number,
as it pleaſes my Lord of Strafford to affirm.
My Lords, Your Lordſhips remember what the effect of the Warrant is ſworn
to be, that howſoever the Serjeant at Arms, and his Miniſters that executed it;
brought but four, or fix, or ten, yet the Serjeant might have brought all the Ar-
my Ireland, for there was anthority fo to do.
And admitting the matter of fačt proved, he-mentions an act of Parlia-
ment made 11 Eliz. whereby a penalty is laid upon men that ſhall lay Soldiers
on the King's Subjects, and yet (as 'my Lord obſerves) it must now be Treaſon in
the Deputy
My Lords, The very caſting of an eye upon that Act, ſhews it to be as vainly
objected, as if he had ſaid nothing; for in truth it is no other, than as if he ſhould
Tây, The King hath given. nie the Cornmand
of an Army in Ireland, and therefore I may
turnthem upon the borels of the King's Subjects: It is no more in effect.
Your Lordſhips heard him the other day mentioning two Acts of Repeal, and
I expected, he would have inſiſted upon them ; but it ſeems he hath been better
adviſed, and thinks them not worthy repetition, nor indeed are they. And if
the
of
.
4
I
7
j
I
127
I 64 I:
144
1
t
f
from the Scotch Rebellion to the King's Murther.
the matter of Fact be proved upon the Fifteenth Article; I ain confident he will
find the Statute of 18 H. 6. to be of full force.
My Lords, I am very ſorry to hear that when levying of War upon the King's
Subjects is in agitation, and he charged with High Treaſon, he ſhould make men-
tion of the Yorkshire men, and the Army now on foot; whereby he would inſi-
nuate, that if he be charged with High Treaſon, then they must be likewiſe, though
they lye quartered, and have meat and drink with the áſlent of the people; whichi
may breed ill blood for ought I know.
From the Fifteenth Article he deſcends to the Three and twentieth, and that
is the Article whereby he ſtands charged with ſpeaking of Words, and giving of
Counſel to His Majeſty, to incenſe him againſt His Parliament, pretending a Neceſity,
and telling him, He is looſe, and abſolved from all Rules of Government, That he had
an Army in Ireland, which he inight make uſe of to reduce this Kingdom. In this he
is pleaſed to begin with the Teſtimony of my Lord Ranelagh, conceiving an ap-
prehenſion and fear in him, that the Army ſhould go over to England, which my
Lord ſays, is no more but his ſaying, and Mr. Treaſurer Vane's.
I pray God my Lord Ranelagh had not much cauſe to fear ; but by the ſame rule
he may lay a charge of unwarrantable fear upon all the Commons; for ſure the
the Commons of England did fear it, elſe they would not make an Article of it:
but my Lord Ranelagh's fear did not ariſe from a light cauſe, and he ſhewed him-
ſelf a good Common-wealths man in expreſſing it, and he is to be commended for
it, howſoever it be apprehended by my Lord of Strafford.
For his obſervation of the ſingle Teſtimony of Mr. Treaſurer Vane, give me
leave to take the ſame latitude as his Lordſhip did; for he ſhews to three or four
Articles what he could have proved; as to the Article concerning the Army, be
could have proved the deſign of it by Sir John Burlacy, and ſome others if they had been
here. But by this rule and liberty, he hath taken to alledge what he could have
ſhown, give me leave to tell you what we might have ſhown, and are ready to
ſhow : we could have made it expreſs, and proved it by Notes, taken by Secretary
Vane, the 5th of May, when the words were ſpoken; which Notes Mould have
been proved, if we had proceeded on the Three and twentieth Article, to corro-
borate the Teſtimony of Mr. Secretary Vans, and that by two Witneſſes. We
could likewiſe have ſhown how we came to the knowledg of it, it being by means
unknown to Mr. Secretary Vane, and have made him an upright Counſellor and
Witneſs: but we ſhall prove his intentions to bring in the Iriſs Army another
way, when I come to open my own courſe and method.
My Lords, he pretends theſe words were ſpoken the sth of May, but when
they were teſtified by Mr. Treaſurer, he did not ſpeak of the sth of May, and
yet now my Lord reinembers the day: and I wonder how he came to the know-
ledge of the day, unleſs he likewiſe remembred the words.
But that my Lord obſerves, is, That being ſpoken then, hom flould be perſmade the
King, that he had an Army in Ireland, when in truth he bad none there ? for the
Army was not on foot till a month after. This,my Lords, is plainly anſwered; and
if he had thought of his own anſwer, he had anſwered himſelf: for he tells you,
That in April before, he had taken a courſe for the levying of the Army, he had nnmi-
nated the Officers, giving direction for raiſing it : and the day of the Rendezvous of
the Army was appointed the 18th of May. And ſo in his own anſwer he makes an
anſwer to the objection, and the objection is taken away out of his own con-
feſſion.
From that Article he falls to the Seven and twentieth Article, whereby he
ſtands charged with Levying Money by force upon the King's People in York/hire : he
is pleaſed to obſerve that all the proof for the maintenance of that Article, is only the
levying of Money by four Soldiers by Sergeant-Major Yaworth ; where he is pleaſed
to diſdain the War, becauſe it was ſo weak; yet it was too ſtrong for them (God
help them) that were forced upon pain of life to pay it. And whereas he pretends
the Warrant was not from him, I ſhall reſerve that till I come to the Article, and
when I come to the proofs, I believe it will remain fixed upon him.
And there he left his Statute-Treaſon, and now he falls to the ſecond kind of
Treaſon, and that was the introductive or conſtructive Trcafon : He begins with
the Third Article, that is, concerning ſome words that he ſhould be charged to
have ſpoken in Ireland; and I ſhall defire that your Lordſhips would be plcaſed to
look
A
J
+
1
128 An Impartial Collection of all the memorable Events
1 64 I.
look upon your Notes, how he anſwers that Article ; My Lords, fay's he, I am
charged to ſay that Ireland was a Conquered Nation, and that their Charters were no-
thing worth, and bird the King no further than he pleafesh; therefore I am a Traytor
becauſe I ſpeak the Truth. There was his Anſwer in his Collection. And for their
Charters he ſays, He micht very well ſay ſon for he intended it to otherwiſe, but ac-
cording to the validity of them, for they were ſeveral mays questionable
, and cught not
to bind unleſs they were good in Law. But if you look upon his Arguments, he hath
like a cunning Orator, omitted the principal part of the Article ; and that is,
That Ireland is a Conquered Nation, and they were to be governed as the King pleaſeth,
the King might do with them what he list ; this he omits, although they be proved
by three Witneſſes, and are appliable to his intentions fully; yet he could make
uſe of ſo much as makes for him, and leaves out the reſt, like your Lordſhips
know whom.
Then he deſcends to the Fourth Article, and this concerns ſome words he
ſlould ſpeak, upon an occaſion betwixt him and my Lord of Cork, that he ſhould
tell my Lord of Cork, He would have neither Law nor Lawyers diſpute or queſtion his
Orders. And upon another occaſion, That he would make my Lord of Cork, and all
Ireland know, That all Acts of State (which are Acts of Council) there made, ſhould
be as binding as any A&t of Parliament : This he ſaid was proved but by one Wit-
neſs: and I extreamly marvel to hear him ſay ſo; for the latter words we proved
by four, or five, or ſix Witneſſes, that is, that he would have Asts of State, as
binding as A&ts of Parliament. Whereas he fayes, theſe are all the words produ-
ced againſt him in the time of Seven Years Government there ; your Lordſhips
have heard of many words, and if we would trouble your Lordſhips further in
this kind, we could prove ſuch words ſpoken, as often almoſt as he remained
dayes in Ireland, that is, for the miſ-recital. The other part two Witneſſes
proved ; but the reſidue, That they must expect Law from the King as a Conqueror,
That Acts of State
ſhould be equal to Afts of Parliament; and when an At of Parlia-
ment would not paſs, he would make it good by an A&t of State: Theſe ſpeeches at
other times were proved by five Witneſſes.
Then he falls back to the Second Article, touching the words, That the King's
little finger ſhould be heavier than the coins of the Law.
My Lords, Theſe words were proved exprefly by five Witneſſes, to be by him
ſpoken; and if he had produced five hundred that had ſaid he did not ſpeak them,
they had not been equivalent to diſprove five; but he produces none. Sir William
Pennyman repeats other words, and inverts them, and none but he. Another
party, a Miniſter, reports a report that he heard concerning theſe words, but
my Lord, he faith, the occaſion of the ſpeaking of them was not mentioned.
Truly perhaps it might be the forgetfulneſs of my Lord's memory, but let me
puc him in mind; and your Lordſhips remember that the occaſion was expreſt by
one, and that is Sir David Fowles, that he laying a Command upon Sir David, to
Repair a Bridge and calling him to an account why it was not repaired, Sir David Fowles
told him he could not do it by Law. And therefore omitting it, my Lord ſaid to him,
Sir, fome are all for Law and Lampyers, but you shall knofd, that the King's little finger
will be heavier than the loins of the Law. Here is the occaſion, though he would
have another buſineſs, the Knighting Money to be the occaſion.
From the Second he falls to the Three and twentieth Article, that is, concern-
ing words, that he ſhould counſel His Majeſty, that he might uſe His Prerogative
as he pleaſed; but in ſaying there was no proof offered, he here begins to fall
upon the other fallacy, that is, to pull things aſunder (whereas we produce them
together) and would make that which is a Fagot, to be but a ſingle Stick; but,
under favour, when I come, with your Lordſhips patience, to open the force of
the proofs, and put them together, he ſhall find (contrary to his expectation) that
they are fully proved by the Teſtimony of many Witneſſes, upon conſideration
of the precedent; concurrent, and ſubſequent Acts and Intentions of my Lord of
Strafford.
Llhall not now run over my Lord Primate's Teſtimony, or my Lord Conwaye's,
or Maſter Trcaſurer's, or my Lord of Briſtols, but make uſe of them in their
proper places, when I ſhall put all together, to ſhew his deſign, and to prove his
ſpeaking of the words.
Then he comes to the Five and twentieth Article, which I ſhall not infilt on,
though
.
1
,
1
1
1
1
1
!
in
11
TIF
.
76X1
from the Scotch Rebellion to the King's Murther.
129
though he pretends it not proved; I ſhall refer that to my recollection, that I 1.64 1.
may not anſwer to his pieces, but bring all together, and then the horror of his
Fact ſhall more ſpeciouſly appear. Only this (under favour) I cannot paſs over,
when he comes to juſtify an Advice and Counſel of the King's being looſe and ab-
ſolved from all rules of Government, and that he might uſe his Prerogative as
he pleaſes, he is pleaſed to mention the Argument of the Judges in the Ship-
Money, and what they ſhould deliver,he makes the Warrant of his Counfel. Now
your Lordſhips may obſerve, he would Juſtifie his Actions by Law, in ſome caſes,
where it is to his advantage, but in other caſes he muſt be ignorant of the
Law.
But my Lords , for him to mention any thing in the Argument of the
Judges, concerning the Ship-money, which is now condemned, and to make
that a ground of bis Counſel and advice to the King, and not the Judgment in
truth, but the Argument of the Counſel at Bar, that therefore he is looſe, and
abfolved from all rule of Government ; for him to make the Parliaments de-
ferring to give ſupply, to be that neceſlity which was inſiſted upon in the Coun-
fels Argument, and to be ſuch an unavoidable neceſſity, as to beget an Invaſion
upon Propriety and Liberty, it reſts in your Judgments, and the Judgments of
all that hear me, what Argument this is, and what he declares his opinion to be
this day.
In the latter part let me cloſe hands, and agree with him; he ſayes, Proofs
muſt be taken by themſelves, they muſt not be Judged by pieces, but together ;
and now in good time I ſhall joyn with him, and ſhall deſire the ſame Judgment,
that things may not be taken aſunder, but Judged together according to his own
words.
For the twentieth Article, he is thereby charged with being an Incendiary be-
tween both Nations, and an occaſion of drawing two Armies into this Kingdom, and
to incenſe the War.
My Lords, I remember (if I did not miſ-conceive, and my memory miſ-
prompt me ) my Lord faid, He could have no occaſion to incenſe 'n War, being a
man of an Estate, and mould have no benefit by it, having ſufficient to live
without it: but in due time I ſhall make it appear, to my apprehenſion, and I be-
lieve to your Lordſhips, when you have heard it, that the incenſing of this War,
and provoking of 'it, was the principal inſtrument of bringing to paſs his de-
ſign of ſubverting the Laws, through the whole work of it.
My Lords, in the paſſage of this, he takes occaſion to ſpeak of the Teſtimo-
ny of Mr. Secretary Vane, who teſtifies, That my Lord was for an Offenſive and
himſelf for a Defenſive War: Whence my Lord argues, here is no great differ-
ence, for both were for a War : But my Lord, Is there no difference between
an offenſive and defenſive War, in caſe of Subjects that live under one King?
is there no difference to bring an Army to offend them, and for the King to
raiſe a force to defend himſelf? truly I think there is a great difference
and a very material one too : but your Lordſhips ſee he makes no difference
between them.
My Lords, In the four and twentieth Article he mentions, That he is charged
with being an occaſion to break the Parliament, and lays hold of that, as in the other
Articles, That it was not proved, but declined. My Lords, when he ſhall hear the
repetition of the Evidence, though part of the Article was not particularly in-
ſiſted upon, yet I believe it will appear to your Lordſhips, and the world, that
he was the occaſion of breaking the laſt Parliament, and it is exprelly proved by
Witneſſes enough; and though he ſayes, How ſlaould any body think him an occaſion
of it, that did ſo often adviſe Parliaments ? yet I ſhall Thew anon, that when he
did adviſe them, it was to compaſs his own Deſign and Plot, without which, his
ends could not be brought to paſs.
He came from the four and twentieth Article, to the Seven and twentieth and
he anſwers againſt that Article, That woben Armies are in the Field, men cannot
Walk ſo peaceably, as an Attorney with his Box and Papers in Weſtminſter Hall. I
know not what he means, but when two Armies are in the Field; they may raiſe
War
againſt the King's People, as well as the King for his juſt defence; it is the
way to make his people terrified with Armies, and to avoid them as a Serpent,
and therefore it is a dangerous
afperfion, as I conceive.
Vol. II.
With
!
.!
1
S
W
+
1
.
1
11
130 An Impartial Collection of all the memorable Events
I 641.
With theſe he concluded, except ſome things that he took, by way of artifi-
cial inſinuation, to perſwade your Lordſhips, That it was dangerous to raiſe a
Treaſon that had lain aſleep, I know not how many hundred years, and create a Trea-
ſon.“ A ſtrange thing indeed it is, That a man ſhall be charged with a Treaſon for
ſubverting the Law? A ſtrange thing that one ſhould be charged with
Treaſon for killing a Juſtice ſitting in the Seat of Juſtice, and yet it ſhould be
no Treaſon to deſtroy King, and Kingdom, and People, and all, all which arc
deſtroyed, if the Law be ſubyerted.
And now having touched upon what he hath ſpoken, with your Lordſhips good
favour, I ſhall crave leave to run the courſe I have propounded with my felf:
and that very briefly; that is, upon the whole matter, to Thew how far the Evi-
dence, produced on the Commons part, doth prove the Charge.
My Lords, That laid to bis Charge, is a deſign and purpoſe to ſubvert the funda-
mertal Laws of two Kingdoms, and to introduce an Arbitrary and Tyrannical Govern-
mient; not that he did effect it, but that he did intend it': for if he had donc it,
it had been too late to queſtion it, he had left no rule whereby to call him to
Tryal ; but his intention and his endeavour are his Charge.
My Lords, How far this is proved, if your "Lordſhips be pleaſed to call
to mind the Articles and the Evidences, produced on the Commons part, your
Lordſhips will find, I believe, that his Words, liis Counſels, and his Actions,
do ſufficiently.prove his endeavouring to deſtroy.
In the firſt Article, where my Lord of Strafford hath the firſt opportunity of-
fered him to put this endeavour inexecution ( that is the firſt place of eminen-
cy amongſt his other places and Commands, which I take it was his being made
Preſident of the North ) he is no ſooner there, but there be inſtructions procu-
red to enable him to proceed in that Court, almoſt in all Cauſes; for a man can
ſcarce think of a Cauſe, which is not comprehended within the Inſtructions ob-
tained after his coming thither : but I Thall put your Lordſhip in mind of two
clauſes of the Inſtructions procured in the Eighth year of this King, and after
he was Preſident ; that is, the Clauſe of Habeas Corpus, and Prohibitions, that
no man ſhould obtain a Prohibition, to ſtay any Suit that ſhould be commenced
before him in the Council of York; That if any man ſhould be impriſoned by any
Proceſs out of that Court, he muſt have no Habeas Corpus. A Prohibition is the
only means to vindicate the eſtate of the Subject,ifit be queſtioned without Autho-
rity. A Habeas Corpus is the only means to vindicate his Liberty,if he be detained
without Law: but theſe doors muſt be fhut againſt the King's Subjects, that if
either they be queſtioned, or reſtraiñed before him, there muſt be no relief.
How far he could go further I am to ſeek, there being no means for the Subject
to relieve himſelf, if he be queſtioned for his Eſtate without Authority; no
means to redeem himſelf, if his perſon be impriſoned without Law. And he
had-fo incircledihimſelf about, that if the Judges ſhould find the party that re-
turns not.the
Habeas Corpus, according to Law, there was a Power, and a War-
rant, by the Inſtructions, -to the Barons,: to diſcharge the Officers of that Fine.
And now I refer it to your Lordſhips judgments, Whether this be not to draw
án Arbitrary Power to himſelf.
For the execution of this power, it is true, it is proved to be before the In-
ſtructions in the Eighth year of the King; but then it riſeth the more in judge-
ment againſt him.; for your Lordſhips have heard how he went into a grave
Judge's Chamber, blaming him for giving way to a Prohibition, granting Attach-
mėnts againſt one that moved for a Prohibition, and though this was done before
the Inſtructions were granted, yet thė Inſtrụctions coming at the heels of it,ſhew-
eth his diſpoſition and reſolution more clearly, for he acts it firſt, and then pro-
cureş: this.colour to protect it, and though he pretends there was no proof, yet
I muſt put your Lordſhips in mind, that when theſe things were in queſtion, con-
cerning the apprehenſion of a Knight; by a Sergeant at Arms, he kneels to His
Majeſty,
That.tbis defect might be ſupplyed, and this juriſdi&tion maintained, elſe be
might go to his own Cottage:
And here being the juſt commencement of his greatneſs, if you look to the
ſecond, it follows, That at the publick Aſlizes he declared, That some were all for
Law, but they ſhould
find the King's little finger heavier than the loins of the Law. He
did not ſay it was ſo, but he infuſed it as much as he could into the hearts of the
King's
!
1
I:
.:
1
-
+
1
1
131
16:4:1
1
?
from the Scotch Rebellion to the King's Murther.
King's People, that they should find it ſo; and ſo he reflects upon the King, and
upon his People; the words are proved: And to ſpeak them in ſuch a preſence;
and at ſuch a time, before the Judges and Countrey aſſembled, they were ſo dan-
gerous, and ſo high expreſſions of an intention to counſel the King, or act it him-
felf, to exerciſe an Arbitrary Government, above the weight of the Law,as poſli-
bly could be expreſt by words. And this is proved by five Witneſſes and not dif
proved, nor is any colour of diſproof offered, but only by Sir William Pennynian,
who ſays, he heard other words, but not that he heard not theſe words ; If he doth, hé
muſt give me leave not to believe him; for five affirmations will weigh down the
proof of a thouſand negatives.
He ſtays not long in England with this. Power (though while he ſtays, you hear
how he vexes the Subject) but then he goes into Ireland, and as his authority in-
creaſes, ſo he ampliates his deſign, and no ſooner is he there, but the third Ayo
ticle is laid to his charge; That when the City and Recorder of Dublin, the prin-
cipal City of Ireland, preſented the Mayor, upon a folemn Speech and Diſcourſe
concerning the Laws and Liberties (as your Lordſhips know that is the ſubject
matter of a Speech at ſuch preſentments, as when the Lord Mayor of London is
preſented to the King) I beſeech your Lordſhips, obſerve the words he then uſed,
They were a Conquered Nation, and that we lay not to his charge, but they were to be
governed as the King pleaſes, their Charters were nothing worth, and bind but during
the
King's pleaſure.
I am to ſeek, if I were to expreſs an Arbitrary Power, and Tyrannical Go-
vernment, how to expreſs it in finer words, and more ſignificant terms than
theſe, That the People ſhall be governed at the King's Will, that their Charters, the
ſinews and ligátures of their Liberties, Lands, and Eſtates, Should be nothing worth,
and bind no longer than the King's pleaſure, eſpecially
being ſpoken upon ſuch an occa-
fion, and the words proved by two or three Witneſſes of Credit and Quality.
From thence we deſcend to Articles, that ſhew the execution of his purpoſe.
There are three things a man enjoys by the protection of the Law; that is, his
Life, his Liberty, and his Eftate. And now, my Lords, obſerve how he invades,
and exerciſes a Tyrannical Juriſdiction, and Arbitrary Government over them
all three. I ſhall begin with the fifth Article, that is concerning my Lord Mount-
norris and Denwit. My Lord Mountnorris, a Peer of that. Realm, was ſentenced
to death by procurement of my Lord of Strafford; who, howſoever he pretends
himſelf not to be a Judge in the cauſe, yet how far he was an Abettor, and Pro-
curer, and Countenancer, and drawer on of that Sentence, your Lordſhips very
well remember; he was ſentenced to death without Law, for ſpeaking words at
a private Table, God knows, of no manner of conſequence in the World, concern-
ing the treading upon my Lord of Strafford's Toe; the Sentence procured ſeven months
after the words ſpoken, and contrary to Law, and himſelf being put in mind of
it, my Lord Mountnorris deſiring to have the benefit of the Law, and yet he refu-
ſing it.
And then it was in time of Peace, when all the Courts of Juſtice were open,
and to ſentence a man to death of that Quality, my Lord of Strafford himſelf be-
ing preſent, an author, a drawer on of it, makes it very hainous. Your Lord-
ſhips remember this Article was fully proved, and though he pretends His Autho-
rity by a Letter from His Majeſty, I ſhall in due time give a full anſwer to that,
ſo that it ſhall riſe up in Judgment againſt him, to aggravate his offence, and that
in a great meaſure.
Here he exerciſis a power over Life, his excuſe was, That he procured a Pardon
for my Lord Mountnorris; but the Power was exerciſed, and the Tyranny ap-
peared to be the more; He would firſt ſentence him to death, and then rejoyce in his
Power, that he might ſay, There remains no more but my Command to the Provost
Marſhal to do execution. To exerciſe a power over his life, and to abuſe him af-
terwards, is very high; but no thanks to him that the sentence of Death was
not executed; it was the Grace and Goodneſs of His Majeſty that would not ſuffer
my Lord Mountnorris
, a Perſon of that Eminence, to be put to death againſt Law,
But the other was hanged, and as appears, againſt Law; and though my Lord
pretends the party was burnt in the hand, yet that was not proved, nor material:
and for him to do this in time of Peace, when the Courts of Juſtice were open, it
argues a deſire in his Breaſt, to arrogate a Power above Law.
Vol, II.
S
And
1
L
]
-
.
I
}
132 An Impartial Collection of all the memorable Events
la
1 6'41.
!
And in truth I may not omit ſome obſervations that my Lord 'made this day ;
He hopes His Alajeſty would be pleaſed to grant him a Pardon. I perceive he har-
boured in his thoughts, that he might hang the King's Subjects when he would,
and then get a Pardon of courſe for it. The Lord bleſs me from his Juriſdiction.
My Lords, give me leave to go back again, here is Power over the Lives and
Liberties of the Subject; but he exerciſed likewiſe a Tyrannical Power over his
Eſtate. Your Lordſhips may be pleaſed to remember the fourth Article, where
he judges my Lord of Cork's Eſtate, in neither Church-land, nor Plantation-land,
and therefore had no pretence of a Juriſdiction; for it is a Lay Fee devolved by
Act of Parliament to the Crown; yet he deprives him of his poſſeſſion, which
he had continued for Twenty nine years, upon a Paper-Petition, without Rules
of Law. And whereas my Lord of Cork went about to redeem himſelf (the Law
being every man's Inheritance, and that which he ought to enjoy) he tells him,
He will lay him by the heels, if he withdrand not his Proceſs : and ſo when he hath
judged him againſt an expreſs Act of Parliament, and Inſtructions, and bound
up
a great Peer of the Realın, he will not ſuffer him to redeem that wrong, without
a threat of laying him by the heels, and he will not bave Law nor Lawyers queſtion his
Orders; and would have them all know, an AEt of State ſhould be equal to an Act of
Parliament : which are words of that nature, that higher cannot be ſpoken, tó
declare an intention to proceed in an Arbitrary way.
The next was my Lord Mountnorris his Caſe, and Rolstone. And here I muſt
touch my Lord with miſrepetition. Rolſtone preferred a Petition to my Lord-
Deputy, my Lord-Depúcy himſelf Judges his Eſtate, and deprived him of his
pofterion, though he cannot produce ſo mạch as one example, or precedent
(though if he had, it would not have warranted an illegal action ) but he can-
not produce a precedent, that ever any Deputy did determine concerning a man's
private Eſtate; and if he hath affirmed it, he proved it not: fome Petitions
have been preferred to him, but what they be non conftat. But though never any
knew the Deputy alone to determine matters of Land, yet he did it.
To the Seventhi Article we produce no Evidence; but my Lord of Strafford
cannot be content with that, but he muſt take upon him to make defence for
that which is not inſiſted upon as a charge; but ſince he will do ſo,I refer it to the
Book in Print, where he determines the Inheritance of a Nobleman in chat
Kingdom, that is, my Lord Dillon, by a Caſe falſly drawn, and contrary to his
conſent ; and though he deprives him not of his poſſeſſion ; yet he cauſes the
Land to be meaſured out, and it is a danger that hangs over his head to this day.
And had we not known that we had matter enough againſt my Lord of Strafford,
this
ſhould have riſen in judgment againſt him; but I had not mentioned it now,
if he had not mentioned it himſelf.
The Eighth Article contains ſeveral charges, as that of my Lord Chancellor,
How he impriſoned him upon a Fudgment before himſelf and the Council
, how he infor-
ced the Seal from him when he had no Authority; nay, though it were excepted by his
Patent, that he ſhould no way diſpoſe of it; but he looked not to Authority, further
than might make way to his Will.
Another concerns the prime Earl of that Kingdom, my Lord of Kildare,
whom he impriſoned, and kept cloſe priſoner, contrary to the King's expreſs
command for his deliverance ; and in his anſwer my Lord acknowledges it, but
fayes, That that Command was obtained from the King upon a miſ-information.
Theſe things I would not have mentioned, if he had paſſed them over; but
ſince he gives them in, give me leave to mention and ſay, we had a ground to
put them into Charge, and could have proved them, if there had been need,
punctually and exprelly, and I believe, little to my Lord's advantage.
But your Lordſhips, I think, do remember my Lady Hibbor's Cafe, where the
Lady Hibbots contracts with Thomas Hibbors for his Inheritance, for 2500l. ex-
ecutes the Contract by a Deed, and Fine levied, depoſits part of the Money,
and when a Petition was exhibited to the Lord-Deputy and Council for the very
Eſtate, your Lordſhips remember how this came in Judgment before
my
Lord-
Deputy; there was but a Petition delivered, there was an anſwer made, and
all the ſuggeſtions of the Petition denyed ; yet my Lord ſpake to Hibbots him-
felf, that was willing to accept the Money, not to decline the way that he was in by
Petition, Five hundred pourd more will do bim no hurt to carry into England with him.
and
+
1
from the Scotch Rebellion to the King's Murther.
133
I 6 4 I.
1
+4
141
and yet, without examination of a Witneſs, a Decree was made to deprive this
Lady of her Eſtate : and the purchaſing of this Land by my Lord of Strafford,
was proved by two-Witneſſes, though not abſolutely, yet by confeſſion of Sir
Robert Meredith and others, whoſe names were uſed in Truſt for my Lord of
Strafford, and that it proved according to my Lord of Strafford's Prophecy :
for the man had five hundred pounds gain above the Contract with my Lady
Hibbots.
But after the Lands were ſold for Seven Thouſand Pounds: ſo that the Lady
Hibbots offence was her making of a bargain, whereby to gain Five hundred
pounds; but there was no offence in my Lord, to make a bargain for Three
thouſand pounds, and to gain Four thouſand pounds preſently : this you ſee
proved by Hibbots tye party, and by Mr. Hoy, the Son of the Lady Hibbots.
So that here is a determination of a Cauſe before the Council-Table,touching
Land, which was neither Plantation, nor Church-Land, without colour of the
Inſtructions, contrary to Law, to Statute, to Practice; and if this be not an
exerciſing of an unlawful juriſdiction over the Land and Eſtates of the Subject,
I know not what is.
In his anſwer to this Caſe he did open it (yet whether he miſtook or no I know
not) that he had a Letter from the King, but he produces none in evidence ;
and that is another miſrecital. I am ſorry
he ſhould miſ-recite, and fix it upon
the Perſon of His Soveraign in a caſe of this nature.
Now he falls more immediately upon the Liberty of the Subject, and that is
by the Warrant mentioned in the Ninth Article, to be iſſued to the Biſhop of
Down and Conner, whereby he gives power to him and his Officers, to apprehend
any of the King's Subjects that appeared not upon Proceſs out of his Eccleſiaſti-
cal Courts, expreſly contrary to Law; and your Lordſhips have heard how mi-
ſerably the King's Subjects were uſed by this Warrant, as hath been proved by a
Gentleman of Quality, Sir Fames Montgomery : and howſoever he pretends it
was called in, it was three whole years in execution, before it was called in,
and though he pretends his Predeceſſors did ordinarily grant Warrants of that
nature, yet he proves no ſuch thing.
My Lord Primate was examined, and he ſayes, that Biſhop Montgomery did
tell him there was ſuch a Warrant, and one Witneſs more ſpeaks of one War-
rant, and that is all the Witneſſes produced, and that but to be a Copy too.
Your Lordſhips have heard how he exerciſes his juriſdiction and power over par-
ticulars, and that in a numerous manner; now your Lordſhips ſhall find it uni-
verfal, and ſpread over the face of that Kingdom that was under his juriſdiction,
and that is in the tenth Article which concerns the Cuſtoms : where he doch im-
pofe upon the King's Subjects a Rate and Tax againſt Law, and enforces them to
pay it, or elſe puniſhes them for it; which is expreſly an arrogating to himſelf
of a juriſdiction above the Law.
My Lords, in his anſwer he pretends that this is rather a matter of Fraud than
otherwiſe : in truth and ſo it is, and that a great one too. But as it is a fraud,
a dif-ſervice, and deceit to his Majeſty, ſo it is likewiſe an exerciſe of a Tyran-
nical Juriſdiction over his Subjects. That it is a fraud to his Majeſty,it plainly
appears, for the King loſt exceedingly by it; whereas before the Rent afforded
the King was 11050l. there was improved by the new Leafe, that my Lord of
Strafford took but 1350l. and I beſeech your Lordſhips obſerve how much the
King loſt by it; for my Lord had comprehended in his new Leaſe the Impoſt of
Wine, for which the King before that time received 1400 l. a year, and like-
wiſe the Cuſtom of London-derry, Colerane, and Knockfergus, for which the King
had reſerved 1700 1, a year, belides the moity of the leilures : ſo heréis 5000
.
that the King loſt of the old Rent expreſly: and if your Lordſhips pleaſe, ob-
ſerve the gain and benefit my Lord of Strafford made by it; in one year hc and
his ſharers received 39000 1. and in the laſt year 51000 l. and that exprefly
proved upon two accounts : and if this be his dealings, where is his ſervice to
the King in his pretence to advance the Cuſtoms?
It is true, he ſays, The King has five cighth parts, but it was but within theſe
years, the King had it not before. And I would very gladly have heard
whether the King received his part of an account of 55000 1. if he had received
it, I believe we Mhould have heard of it.
My
two
+
+
134 An Impartial Gollection of all the memorable Events
I 641.
My Lords, There is ſomething more; here is a new impoſition on the King's
People without Law, and yet I will do my Lord of Strafford no injury: but I tell
you
how the proof ſtands; It was a Book of Rates framed before he came to the
farm, for the Book of Rates was in March, and the date of his Allignment was
in April fallowing; and therefore my Lord faith, It could not be for his benefit.
But, my. Lords, all this while my Lord of Strafford was in England, and in agita-
tion for the procuring of it, and they come one upon the heels of another, and
I beſeech you obſerve cui bono; the Book of Rates was procured within a month
of the Patent, but God knows whether it were not within the compaſs of his in-
tentions to take the Patent; and therefore whether he were not the Inſtrument of
raiſing Rates, it reſts in your Lordſhips Judgment, and all that hear me; I am
ſure the benefit redounded to himſelf: and ſo here is an Arbitrary Government
in impoſing and forcing to pay for that I deſire your Lordſhips to take with
you;
and he might as well have raiſed Nineteen ſhillings on a pound, as nine pence or
three pence, by the ſame rule of Law.,
1
'
1
:
Witt
4:
Lil'
..
The next Article in number was the Eleventh, and I would be glad my Lord
had not mentioned it; it concerns the Pipe-ſtaves, wherein he pretends he did
the King great Service, and that, he ſays, was the reaſon of our paſſing over it : but
that was not the reaſon; it had been a foul buſineſs if we liad opened it; but
having enough beſides, we made not uſe of it: for the ſubſtance of the proofs by
multiplicity of Witneſſes had been, that the parties themſelves that bought the
Pipe-Itaves for Four pound odd money, were fain
to ſell them to his Inſtruments
for six pounds, and after to buy them again for Ten pounds, elſe there muſt be
no Licence to Export them: but that I would not have mentioned, if he had
let it ſlip over.
I come to the Twelfth Article, and that is concerning the Tobacco, wherein he'
pretends the King's Service, and, if my memory fail me not the deſire of the Parlia-
ment , that he ſhould take this into his hands for the King.
My Lords, Therein, under his favour, he hath miſ-recited the Evidence, and
ſpoken that he cannot juſtifie; for he can ſhew. no ſuch deſire of the Parliament,
It is true, there was a deſire of the Parliament, that the King would be pleaſed
to take his Cuſtoms into his hands, for the advancement of his Revenue, that it
might go to maintain himſelf, and he might not be abuſed, and others live by it
but to take the Tobacco into his hands, he never did, nor can produce a Wit-
neſs to prove ſuch their deſire; and therefore, under favour, he fixes a wrong
upon the Parliament, and injures your Lordſhips by his reciting that he neither
did nor can make good; for there was no ſuch thing.
But if you obſerve the courſe he takes, he makes Proclamation to hinder the
importing of Tobacco into Ireland; that if it be imported, it muſt be ſold to
him at his own rate ; and by theſe means he firſt hinders the liberty of the Sub-
ject from doing what the Law allows him, and ſo takes on him an Arbitrary
Power ; And Secondly, he ingrofles this commodity to himſelf, deceiving His
Majeſty, to whom he profeſſeth ſo much fidelity; for whereas there is sooo l.
Rent to the King, he, by the computation of Merchants, receives near 14000 l.
a year: And becauſe their computations are not alwayes- true, I do not care if
I állow him 40000 l. miſtaken, and then he will gain near 100000 l. fo that if
he intends the King's benefit, it is wonder he told not his Majeſty of the great
profit that might thereby have riſen, and let him partake of it, as in Juſtice he
îhould have done, according to the Truſt repoſed in him : but you have heard of
no ſuch matter. And ſurely my Lord of Strafford would not have omitted it,
if it had been for his advantage, eſpecially in this preſence, where he omits
nothing to clear himſelf, or to inſinuate with his Majeſty.
Now I come to the Thirteenth Article, the Article concerning Flax, which I
know is freſh in your Lordſhips memories, and I believe will be fo in the memo-
ries of the Subjects of Ireland for many years, how he ingroſſed it into his hands,
and interrupted the Trade of the poor people, whereby ſuch miſeries and cala-
mities befeļi many of that Nation, that as you have heard it proved, thouſands
dye in ditches for want of Bread to put in their mouths. And whereas he pre-
tends
1:
:
1
111
#
1
1
1
from the Scotch Rebellion to the King's Murtber:
135
I 641.
t
Ր:
1
1
C
tends that this was proved but by one Witneſs, and that man to be impriſoned,
and of no Credit, though he was his own inſtrument; your Lordſhips remem-
ber Sir John Clorworthy his teſtimony, and anothers, and his own Warrant pro-
duced, and acknowledged here to juſtific the execution of it, and ſuch a thing
was thereby taken into his own hands, that I profeſs I never heard the like, that
the poor people ſhould be conſtrained to uſe their own as he pleaſed, and that
pleaſing of himſelf laid an impoſſibility on the people to execute his pleaſure,
which was a bondage exceeding that of the Iſraelites under the Egyptians ; for
there was not laid ſo much upon the Children of Iſrael, but there was a poſlibility
to perform;they might with much labour perchance get ſtubble to burn their Brick,
but the Natives here muſt have a charge laid upon them without poſſibility to
perform, and the diſobedience muſt coſt them no leſs than the loſs of their
Goods, which drew with it even the loſs of their lives for want of bread. This
was not proved by only one Witneſs, but by many. And your Lord!hips remem-
ber the remonítrance of that Parliament of Ireland, which declares it to a great-
er height than I have opened it.
The Fifteenth Article, is that of Levying War upon the King's Subječts, ex-
preſly within the Statute of 25 Edw. 3. and 18 H.6. Your Lordíhips have
heard the Warrant proved by the party himſelf,to whom it was directed; where-
by Power was given to lay Soldiers upon any party, that did not obey my Lord
of Strafford's Orders at the Council-Table, but not to circumſcribe him to a
certain number ; but the Sergeant at Arms and his Miniſters, might lay as many
as they would. It is true, this Warrant was not it ſelf produced, but a copy
was offered, which was not read ; and therefore I will not offer it to be proved,
but the party that executed the Warrant it felf, proves it to be under the Hand
and Seal of my Lord of Strafford, he proves the expreſs authority of it, which
was to the effect I opened ; three or four more, who ſaw aud read it, proved the
fame: and that it was under the Hand and Seal of my Lord of Strafford, that ac-
cordingly it was executed upon divers of the King's Subjects; it was proved by
three Witneſſes expreſly in the point, how by colour of this Warrant the Ser-
geant at Arms,and his Officers, fent Soldiers to lye in the Houſes and Lands
of the King's Subjects; how the Owners were thereby forced out from their
own Habitacion ; how their Goods were waſted and devoured, their Corn and
Victuals caten up, and the Soldiers never left them, as long as any part of their
Eſtates remained to maintain them.
My Lord of Strafford's defence is, That it bath been uſed before his time in Ireland;
wherein he hath again miſrecited; for he did not offer a proof, nor a particle
of a proof, that ever any man did know Soldiers laid upon any party, for refu-
ſing to appear to a Warrant, or for other contempt at Council-Table, before
himſelf did it ; but he offered to prove, That formerly Soldiers were ſent against
Rebels
and that after they were declared to be Rebels, and that juftly too ;
and he proved an uſe and cuſtom to force men to pay Contribution-
money, due to the King, but that was by conſent of the people, who
granted: a Contribution of 20000 l. a year for increaſe of the King's Re-
venue; and that it might not be upon Record in the Exchequer, and ſo claimed
as due in time to come, they conſented, that Soldiers ſhould be laid
upon them
that refuſed it; and the word (Conſent ) is within the Statute of 18 H. 6. A-
gain, did he prove all manner of Rents were levyed by Soldiers ? no ſuch thing;
but ſuch Rents as were deſigned for the payment of the Army : he proved by
Sir Arthur Terringham, the laying of Soldiers once for the payment of a ſümm
of Money; but Sir Arthur being demanded whether it were the Kings Rents,
or comprehended within the ſame general Rule, he could make no anſwer there-
Your Lordſhips remember, he ſays, He did not know it, and therefore probably
it was the King's Rents; and doubtleſs it was ſo.
But if he had produced Precedents, it could not bean authority for Treaſon,
that if people did not appear to his Orders, he muſt levy War againſt the King's
Şubjects, and for his extenuation of the War, that the ſame was of no great
danger, there being not, above five or fix Soldiers laid at a time. I would to
God, the people oppreſſed by it, had cauſe to undervalue it : I am ſure four or
fix
1
H
*
1
unto.
..::
:it:
1
1
<!
"
!
(136
1 641.
:-
IM
An Impartial Collection of all the memorable Events
ſix Muſqueteers are as ſtrong to oppreſs a man, as four thouſand; ſo the matter
of Fact is ſtrongly and expreſly proved. Beſides, though there came not above
four or five to a houſe, yet the authority given to the Sergeant was general ; he
might have brought more if he had liſted : and in truth, he brought as many
as the Eſtate of the party would maintain.
And as to the not producing of the Warrant, I have already anſwered it. If
it were in the Caſe of a Deed wherein men call for Witneſſes, it were fome-
thing; but God forbid that the Treaſon Nould be gone, and the Traytor not
queſtionable, if his Warrant can be once put out of the
way.
The next Article which is laid to his Charge, is, For iſſuing out a Proclamation,
and Warrant of restraint, to inhibit the King's Subjects to come to the Fountain,
their Soveraign, to deliver their complaints of their wrongs and oppreſlions.
Your Lordſhips have heard how he hath exerciſed his juriſdiction, and now he
raiſes a battery to ſecure and make it ſafe. If he do wrong, perhaps the com-
plaint may come to the Gracious Ears of a King, who is ready to give relief,
and therefore he muſt ſtop theſe cries, and prevent theſe means, that he may
go on without interruption, and to that end he makes Propoſitions here, That
the King's Subjects in Ireland ſhould not come over to make complaint againſt Mini-
sters of State, before an Addreſs firſt made to himſelf. It is true, he makes a fair
pretence
and ſhew for it, and had juſt cauſe of approbation; if he intended what
he pretended; But as ſoon as he came into Ireland, what uſe made he of it ? he
ingroſſes the proceedings of almoſt all the Courts of Juſtice into his own hands,
and fo pre-poſleſſes the King by a colourable propoſition, and prevents their
coming over before they had made their addreſs to himſelf, and then he becomes
the wrong doer, and iſſues Proclamations for the hindring of the King's 'Subjects
to ſeek redreſs without his leave; which is as great a proof of his deſign, and
as great an injury to the people, governed under a Gracious Prince, as a heart
can conceive. And what his intention was in exhibiting this Propofition, it will
appear in the ſentence of a poor man,one David,who was cenſured, and moſt hea-
vily Fined for coming over into England to proſecute complaint againſt my Lord
of Strafford. It is true, that this was not the cauſe expreſſed, but this was the
truth of the matter. Your Lordſhips remember a clauſe in the Order at Coun-
cil-Board, whereby is ſet forth the cauſe wherefore the party is not Sentenced,
which I never ſaw in an Order before, nor ſhould now, but that my Lord fore-
faw there was danger in it, that he might be charged in this place for the fact;
and therefore puts in negatively, why the party was not cenſured, Clauſula in-
conſulta indúcit ſuſpitionem, And how defends he this Article he ſayes, his
deceffors iſſued Proclamations to hinder the King's Subjects from going over, lest they
Should joyn with O-Neal, and Tirconnell beyond Sea, and ſo it might be dangerous to
the State ; but becauſe they may joyn with Forraigners, ſhall they therefore not
come to the King to make juſt complaint? What this argument is, I refer to
your Lordſhips judgments:
Then he pretends a former precedent; affirming that the like inſtructions
were given to my Lord of Faulkland; but was there any, that none ſhould come
to their Soveraign, to make their juſt appeal if injured ?" Surely there was never
any ſuch Inſtruction before, and I hope never will be again.
The next Article is the Nineteenth : and now when he had ſo plentifully ex-
erciſed his Tyranny over the lives, the liberty, and the Eſtates of the King's
Subjects; A man would think he could go no further : But ſee a Tyranny exer-
ciſed beyond that, and that is over the Conſciences of men: hitherto he dealt
with the outward man, and
now he offers violence
to the
inward man, and impoſes
an Oath upon the King's Subjects, and ſo exerciſeth a Tyranny over the Conſci-
ences of men.
And ſetting aſide the matter of the Oath, if he hath authority and power to
impofe fuch an Oath as he ſhall frame,he máy by the ſame power impoſe any Oath
to compel Conſciences.
He pretends a Warrant from his Majeſty to do it, but the King's Miniſters
are to ferve the King according to Law; and I dare be bold to ſay (and we have
good reaſon to thank God for it ) if any of the King's Miniſters tell him, that
...
any
+
A
137
1 64 1.
1
from the Scotch Rebellion to the King's Murther.
any Command he gives is againſt Law, there is no doubt but in his Goodneſs
and Piety, he will withdraw his Cominand, and not enforce execution; and
therefore if there were an Error, the King is free, and the Miniſters to be juft-
ly charged with it.
But there was no Command from the King to compel and enforce them to
take the Oath by the Power of the Star-Chamber, to commit them to Priſon,
to impoſe heavy Fines, and tyrannize over them; all which he did in the Caſe of
Steward.
And now one would have thought he had acted his part, when he had acted
as much as lay in his own Power; and yet he goes beyond this, he was not con-
tent to corrupt all the ſtreams ( which was not a diverting of the courſe, as he
ſpoke in his Anſwer ; for he not only turned the courſe of the water, but chang-
ed the nature of it, converted it into poyſon, a legal and juſt proceeding into a
Tyrannical and Arbitrary Government, which is not turning, but corrupting of
the clearand Chryſtal ſtreams to bitterneſs and death.) But yet the Fountain re-
mains clear, and perhaps when his hand is taken off, you ſhall have the ſtreams
run as pure and uncorrupt as ever they did. This is it troubles him, remove
but this obſtacle, and the work is perfect ; and therefore now he will go about
to corrupt the ſtreams : if he can but infuſe his poyſon into the King's heart,
which is the Fountain, then all is done; and now he atternpts that, and ap-
proachech the Throne, endeavours to corrupt the King's Goodneſs with wicked
Counſels; but God be thanked he finds there too much Piety to prevail.
And therefore the next Article is that, that charges him to be an Incendiary to
the War betwixt the Two Kingdoms : and now I ſhall be bold to unfold the myſtery,
and anſwer his Obiection: To what purpoſe ſhould be be an Incendiary ? were it not
better to enjoy his Eſtate in pence and quietneſs, than have it under danger of a War?
Now your Lordſhips ſhall have the Riddle diſcovered.
The firſt thing he doth after his coming into England is, to incenſe the King to
a War, to involve two Nations of one Faith, and under one Sovereign, to imbrue
their hands in each others Blood, and to draw Armies into the Field.
That he was this Incendiary, give me leave to revive your Lordſhips memories
with the proofs which will make it plain ; and firſt give me leave to note unto
your Lordſhips, that His Majeſty, with much Wiſdom, did in Fuly 1639. make
a pacification with his Subjects, and even at the very heels of this paci-
fication, when all things were at peace, upon the Tenth of September, which
was the next month but one, your Lordlhips remember the Sentence of Steward in
the Star-Chamber of Ireland, for not taking the Oath; your Lordſhips may call to
mind the Language my Lord of Strafford was pleaſed to uſe to the Scots: when
all was in quietneſs, he then calls them no better than Traytors or Rebels, if you will
believe what the Witneſs teſtifies, whom my Lord is pleaſed to call a School-
maſter: And truly admit he were ſo, becauſe he is a Schoolmaſter, therefore not to be
believed, is a non ſeguitur. And another Witneſs, one Loftus ſpeaks to the words,
though not in the ſame manner; but I ſay, the Tenth of September, when things
were at peace and reſt, when the King was pleaſed to be reconciled to them by
that Pacification, what boiled in his breaſt then, to the breaking forth of ſuch
Expreſſions, I know not, unleſs it were an intention to be an incendiary.
My Lords,I muſt ſay and affirm, and he hath not proved it to the contrary, That
all this while ( I am confident) there was not any breach of the Pacification on
either ſide, and it lyes on his part to prove there was: But the Parliament of
Scotland then Sitting, and making preparation for their Demands in purſuance of
the Articles of Pacification, he coming over into England in September, immediately
upon the Pacification anſwers, That he found things fo diſtracted here that it was fit
the Scots fould be reduced by force, if they could not be otherwiſe : yet no breach ap-
pears, no War was denounced, there was no intention of a War: but fee what
harboured in his Breaſt all the while.
The Fourth of December following, my Lord Traquaire made his relation to
the Council of the Scots proceedings and all this while there was no Demands
brought by the Scots themſelves, nor reaſon of their Demands brought by others,
though they were not prepared yet you have heard his advice was for an offenſive
and that the Demands were a just cauſe of the War. And though he pretends
he ſaid no more than
what the reſt of the Lords of the Council concurred with him in, I
Vol. II.
T
will
1
+
1
War,
1
138
An Impartial Colle&tion of all the memorable Events
1
1 641.
1
will joyn in illue with him in that, and if ſome of your Lordſhips be not ſatisfied,
you have many Noble Lords among you, from whom you may be ſatisfied that it
is not ſo; I am ſure he proves it not. It is true, in the propoſition of the De-
mands, ſome of the Lords of the Council did ſay, That theſe Demands hypothetically,
if the Scots did not give ſatisfaction by their Reaſons, were a juſt cauſe of War; but
not any Lord of the Council was of that opinion, That the very Demands, poſi-
tively, without hearing of the Reaſons, were a juſt cauſe of War, but himſelf;
and I believe the Noble Lords of the Council,their Conſciences can tell them and
I believe will deliver it to the reſt of the Peers, that I ſpeak truth.
For the Offenſive War, he pretends a concurrence of the reſt, but it was diſap-
proved; many were for it upon theſe terms, If they did not give Reaſons,and ſhem
just cauſe for their Demands ; and many were againſt an Offenfive War upon any terms,
and therefore herein he fixes that upon the Lords of the Council, which he cannot
make good.
All this while his intentions are diſcovered by a matter precedent, but after the
breach he diſcovers his anger further towards the Scottiſh Nation, and makes it his
deſign to incenſe the King to this War.
My Lords, he is not at end yet, for he confeſſes himſelf that he adviſed the King
to call a Parliament, and now I come to his work of merit, but it was to his de
ſtruction, and ſerves to prove this Article directly; for to what purpoſe was this
Parliament called ? Exitus aéta probat ; it was no ſooner fet, but within three
Weeks a propoſition is made for ſupply towards a War againſt the Scots: who was
the cauſe of calling the Parliament? himſelf; and therefore who was the cauſe of
this Propoſition but himſelf? and ſo the calling of the Parliament is a concurring
evidence of his being an Incendiary to put on the War; and it ſhall appear anon
abſolutely, that he was the occaſion of it, though he thinks there be no proof
of it.
Did not he go over into Ireland, and by his follicitation there, Subſidies were
granted by the Parliament, only, to maintain this War, and to be their ingagement
in it ? and who was the occaſion of drawing them on, I refer to your Lordſhips
judgments, by the circumſtances precedent.
Your Lordſhips heard his good opinion of the Scots, when he began to dif-
courſe with the Citizens touching Money,and their affording of the King fup-
ply, and ſeizing the Mint, by giving them no better expoſitions than Rebels; for,
faith he, you are more forward to belp the Rebels here, than to pay the King his own :
'I know not who he meant, but certainly the Scots were in his thoughts ; ſo that
from the beginning he incenſed the War againſt them: Firſt, he exclaimed againſt
them during time of Peace. He alledges in his Anſwer, That things were found in
ſuch diſtraction, that it was fit the Scots should be reduced by force: he gave advice
precipitately without hearing the reaſons, and not concurrent to the Council,
for an offenſive War ; and putting all together, I refer it to your Lordſhips judg-
ment who is the Incendiary; for how can it be proved more clearly, unleſs it
ſhould appear under his Hand and Seal, proved by two or three Witneſſes ?
Now, My Lords, how comes this to be his deſign? here the Myſtery comes
to be unfolded. Having
thus incenſed to the War, and ingaged the King to the
uttermoſt, and having a Parliament now diſſolved without ſupply, he ſets up an
Idol of his own creation, as a means to draw on his deſign, and that was necesſity;
neceſſity, is it that muſt enforce the King; what to do? to levy Money, to uſe
his Prerogative, to raiſe fupplies upon His Subjects without their conſent, a-
gainſt their Will, neceſſity muſt be his Argument, and this war muſt be the
accaſion of that neceſſity, and without that, he cannot ſuggeſt to the King's
ear, or adviſe this neceſſity, till this be brought to paſs.
And now he hath brought it to paſs, he began in the One and twentieth, Two
and twentieth, and Three and twentieth Article, to perſwade the King, that
Neceſſity hath ſierprized him, by the Parliaments deſerting of him ; that the Parliament
had for ſaken the King, in denying Supply
, and having tryed the affectuons of His People,
be was looſe, and abſolved from all Rules of Government ; and had an Army in Ireland
which he might employ, to reduce this Kingdom.
That he ſpake theſe words to the King, part is proved by two concurrent
Witneſſes, that is, that having tryed the affections of his people, he was now looſe, and
abſolved,
1
1
E.
!!
from the Scotch Rebellion to the King's Murther..
1
130
abſolved from all Ruiles of Government, which words are proved by two Witneſſes
I 6
of eminent quality, tnat is, my Lord of Northumberland, and Sir Henry Vane :
4
i.
♡
and truly, howſoever my Lord in his Speech pretends, that the moſt materiel words
are proved but by one Witneſs, (it ſeeming that he held it not a material charge,
that he counſellid the King that he was abſolved from all Rules of Government)
for my part, if your Lordihips be ſatisfied thoſe words were proved, I could wil-
lingly ſatisfy my own Conſcience in it, and make no great matter to quit the reſt;
for I know not how he could expreſs it in higher terms, than that the King was abim
folved from all Rules of Government, for then he might do what he would
It is true, the latter words, touching the Iriſh Army, are exprelly proved but by
one Witneſs, Mr.Secretary Vane; but are fortified again with ſuch circumſtances
as make up more than one, yea, more than two other witneſſes, if your Lordſhips
will have the Patience to have it repreſented, as it is proved.
For howſoever it be ſlighted by him,if your Lordſhips will call to mind the
words of Sir George Ratcliffe, bis boſome Friend, (to whom he had contributed,
without queſtion, his advice in all cauſes) the ſaid Sir George Ratcliffe expreſſed it
before, and told ſome of his Friends (ſuppoſing that he never ſhould be called in
queſtion, and that the power of my Lord of Strafford had been enough to protect
any thing he had done, and out of the abundance of the heart his mouth ſpake)
the King muſt now want no Money; if he did, no body would pity him, nor he had bis
Sword in his band.
Sir Robert King proves it ſo. My Lord Ranalagh diſcovered the ſmoke of the
fire that he had juſt cauſe to füſpect, and on good grounds, I am ſure; and if the
Commons of England had not juſt cauſe to ſuſpect him, (as I believe he is con-
vinced they had good cauſe) what is the reaſon this ſuſpition ſhould be enter-
tained at that time, my Lord of Strafford being not then queſtioned for it? and
yet my Lord Ranalagh ſhould ſay, Shall we turn our Swords upon our own bowels?
Shall we bring this Arny to turn the points of our blades upon that Nation from whence
we were all derived? and that was before any conference with Mr. Secretary
Vane.
Sir William Pennyman himſelf, his own Witneſs and Friend ſays, at York', be-
fore my Lord of Strafford was queſtioned, that there was a corrmon fame of bringing
the Army into England, and there is ſomething in that ſurely; and after all this,
to produce one Witneſs that expreſly proves the very words ſpoken in terminis, as
they be charged, if your Lordſhips put the whole together, ſee whether there be
not more than one Witneſs.
And, under favour, my Lord Cottington, if you call to mind his Teſtimony, I
muſt juſtify,he did declare, That he heard my Lord of Strafford tell the King, That
ſome reparation was to be made to the Subječts Property; which muſt infer,he had adviſed
an Invaſion upon the Property; elſe by no good coherence ſhould a reparation be
made. “And that he teſtifies this, I muſt affirm, and moſt here will affirm it ;
and I think your Lordſhips well remember it: and that is an addition to it; for
if your Lordſhips caſt your eye upon the Interrogatory adminiſtred to pay Lord
Admiral, and my Lord Cottington, that very queſtion is asked; ſo that his own
Conſcience told him, he had adviſed ſomething to invade upon the People, when
he adviſed to a reſtitution after things ſhould be ſetled: and ſo I refer it to your Lord-
ſhips conſideration, whether here be not more than one witneſs by far.
It is true, he makes Objections to leſen this teſtimony; Firſt, That this
Army was to be landed at Ayre in Scotland, and not here ; and this was declared to
Sir Thomas Lucas, Mr. Slingsby, Sir William Pennyman,and others. Secondly, That
others that were preſent when the words are ſuppoſed to be ſpoken, did not hear any ſuch
trords.
For the firſt; Perhaps the Army might be originally intended for Scotland, and
yet this is no contradiction, but he might intend it afterwards for England;
ſure-
ly this is no Logick, chat becauſe it was intended for one place, it could never be in-
tended for another place; ſo his allegation may be true, and the charge ſtand true
likewiſe,
Beſide, that it was intended originally for Scotland, what proof makes he? He
told ſeveral perſons of the deſign, but I will be tryed by himfelt, he told fome,it Tras
for Scotland ; he told others, it was for England; and why you ſhould believe his
telling on one ſide, more than on the other ſide, I know not'; though he pretends
Vol. II.
T2
a reaſon
Y
t
tu
1
1.
1
you
140 An Impartial Collection of all the memorable Events
a reaſon of his ſeveral allegations, that the world ſhould not know his deſign; but if
1 6 4 I.
will not believe him one way, why ſhould-he be believed the other way? and
if not the other way, why the firſt way?
For the Second, Several perſons ivere preſent, when the words were spoken touching
the Iriſh Army, and they were examined, and remember not the words ; but one man
may hear, though twenty do not hear ; and this is no contradiction at all : for
thoſe perſons whom he examined, the Lord Treaſurer, Marquis Hamilton, my
Lord Cottington, did not hear the words that are proved by two Witneſſes, con-
cerning the Rings being looſe and abſolved from Rules of Government : and if they did
not hear thoſe words, no marvel they did not hear the other : and therefore
that which he himſelf pretends to be a convincing teſtimony, is nothing at all; fo
that his objections are clearly taken away, and the ſingle teſtimony fortified with
teſtimonics that make above one witneſs, and ſo the words are fully proved.
But to fortify the whole, I ſhall handle all theſe Articles together; This deſign
to fubvert the Law, and to exerciſe an Arbitrary Power above the Law in this
Kingdom,will (upon the proofs putting them all together and not taking them in
pieces as my Lord of Strafford hath done) appear to have been harboured in his
thoughts, and ſetled in his heart long before it was cxecuted.
You ſee what his Counſels were, That the King having tryed the affections of his
People, was looſe and abſolved from all Rules of Government, and might do every thing
that power would admit; and His Majeſty had tryed all ways, and was refuſed, and
ſhould be acquitted of God and Man; and had an Army in Ireland, wherewith if he
pleaſed he might reduce this Kingdom: ſo there muſt be a trial of his people, for
Supply that is denyed, which muſt be interpreted, a Defektion by refuſal, and this
refufal
, muſt give advantage of neceffity, and this necellity muſt be an advantage
to uſe his Prerogative againſt the Rule of the Law, and conſent of the Peo-
ple; this is his advice, which ſhews that this very thing that happened, did
harbour in his thoughts long before the breach of the Parliament, and the oc-
caſion of the Army.
Your Lordlips have heard it confeſſed by himſelf, That before this last advice,
he had adviſed the calling of a Parliament': To the Parliament a propoſition, of
Twelve Subſidies was made for ſupply, and ( which may be ſpoken with great
aſſurance ) before they had conſulted, or given any reſolution to that propoſi-
tion, the Parliament was diſſolved, upon a Suppoſal that the Supply was denied.
Now that this was pre-deſigned by my Lord of Strafford himſelf, I beſeech you
obſerve theſe things following, that is, The words in the Two and Twentieth Arti-
cle, That His e Sllajeſty was firſt to try the Parliament, and if that did not ſupply him ,
then be would ſerve the King any other way.
His words are proved by Mr. Treaſurer, That if the Parliament Supplyed him
not, be would ſerve him any other way; and this is before the Parliament let : now
if your Lordſhips hear the proofs of my Lord Primate, (which my Lord of
Strafford lights taking it ſingly ) my Lord Primate before the Parliament was
called, when my Lord of Strafford was in Ireland, and not yet come into this
Kingdom, teſtifies, my Lords, ſaying, That if the Parliament will not ſupply His
Majeſty, the King was acquitted before God and Man, if he took ſome other courſe
Supply himſelf, though againſt the will of the subjects. I beſeech your Lordſhips,
obſerve how he propheties theſe things muſt come to paſs, and adviſed them ac-
cordingly.
My Lord Conway teſtifies, that before the Parliament fate, my Lord of Straf-
ford ſaid, that if the Parliament would not fupply His Majeſty, the King was acquit-
ted before God and Man, if he took another courſe, to ſupply himſelf
, though it were a-
gainſt the will of the Subječt
, and he doubts not but the Parliament would give, What ?
Twelve Subſidies : and your Lordſhips very well remember, Twelve were pro-
pounded; but I beſeech you, obſerve the coherence of all; the Parliament muſt
be called, they muſt be tryed, if they deny there is neceſſity, and this necelli-
ty is a Warrant for the King to proceed; ſo that my Lord of Strafford muſt be
judged to be either a Prophet, or to have this deſign beforehand in his thoughts.
Now the Parliament being broken before anſwer to the Demand given, he
vents his Counſel in the Three and twentieth Article, and how far it is proved,
your Lordſhips have heard. Now comes the Bullion to be ſeized, the Copper-money
to be adviſed, and now comes he to tell the King, that the Aldermen of London
mult
1
?
I
141
I 641.
u
11
1
1
i
I
1
from the Scotch Rebellion to the King's Murther.
muſt be put to Fine and Ranſome, and laid by the heels, and no good would be done till
Some of them be hanged, ſo you hear his advice ; I beſeech your Lordſhips obſerve
what ſucceſs this advice cook; Four Aldermer were inſtantly committed, and then
the Counſel of the Three and twentieth Article is fomented.
Firſt, He foments the War, then there is a necellity, the defection of the
Parliament muſt fet the King looſe from rules of Government, and now ſee whe-
ther the occaſion of the War, the calling of the Parliament, the dillolving of
it, be not adequate to, what he propounded to himſelf, namely, to ſet up an
Arbitrary Government.
Your Lordſhips remember how freſh my Lord of Briſtol's memory is, touch-
ing my Lord of Strafford's opinion upon the diſſolution of the Parliament ; how
he declared unto my Lord of Briſtol inſtantly within three or four dayes after,
That the King was not to be maſtered by the frowardneſs of his people, or rather of
ſome particular perſons; and your Lordſhips remember Sir George Wentworths
words ſpoken the very day of diffolving the Parliament ; which may be very
well applyed as a concurrent proof to his intentions of bringing the Army into
England. He was my Lord's own Brother, that knew much of his Counſeſ, and
his
words are, That the Engliſh Nation would never be well till they were conquered
over again. So my Lords, put all together, if he declared his own intentions,
if actions, in executing this Tyrannical and Arbitrary Power, if Counfels of
as dangerous conſequence, in as high a ſtrain as can be, be not a ſufficient Evi-
dence to prove an intention, and deſire to ſubvert the Law, I know not what
can prove ſuch an interpretation : and now I refer it to your Lordſhips judgments,
whether here be not a good proof of the Article laid to his Charge.
My Lords, in the Seven and Twentieth Article, he is charged with levying of
War" upon tbe King's People, by forcing them in YorkMire to pay Money; to prove
they were ſo forced, you have heard by two Witneſſes, that Sergeant-Major
Yaworth, by Muſquetiers, four together in the Town, and one by one out of the
Town, 'did compel them to pay the fortnights contribution, elſe they were to
ſerve in perſon: That he did this by Warrant, is likewiſe confeſſed by Sir William
Pennyman: and whether this were an authority derived from, or commanded by
my Lord of Strafford, that is the queſtion; and my Lords, it is plainly proved,
that it was commanded by my Lord of Strafford, for Sir William Pennyman
himſelf being examined, alledged that the Warrant was made in purſuance of the
relation and direction made by my Lord of Strafford.
Your Lordſhips heard what, my Lord of Strafford did ſay before-hand, as is
proved by two Witneſſes, (Sir William Ingram and Mr. Cholmley) that this Mo-
ney ſhould be paid, or levyed on the Subjects Goods; Then his Declaration to
Sir William Pennyman, (in purſuance of which he made his Warrant ) that it was
the aſſent of the Lords of the great Council, that this Money ſhould be levyed;
and taking all together, whether it fixes it not upon him to be the Author and
Inſtrument, it reſts in your judgments in point of Fact: and ſo I ſuppoſe the
Seven and twentieth Article reſts on him, and ſo I ſhall conclude the Evidence
produced on the behalf of the Commons.
And now give me leave to put your Lordſhips in mind of ſome Evidences of-
fered by my Lord Strafford himſelf in his Anſwer, and in the paſſages of his
Defence, for his clearing and juſtification, but tending directly to his condem-
nation.
I will enter upon ſome paſſages he mentioned to day, and often before; When
he is charged with invading the Eſtates of the Peers of the Kingdom of Ireland, and
determining them upon Paper Petitions in an Arbitrary way: yourLordſhips have heard
him ſpeak
it before, and repeat it this day, That he did it out of Compaſſion, for the
more expeditions proceeding on behalf of the poor againſt thefe mighty: But then my
Lords, I beſeech you, compare ſome other part of his Proceedings. Your Lord-
ſhips remember the buſineſs of the Flax, which concerns the poor wholly and
univerſally; and if compaſſion had been the rule and direction of his Actions
towards the poor, ſurely this would have been a juſt cauſe to have commiſera-
ted them in this caſe ; but he exerciſed his power over them, and over them
wholly, and over them univerſally: and therefore it ſhews, it is not his com-
paſſion to the poor, nor reſpect to the rich,or mighty, that will any way refrain
or
I
1
1
th
142 An Impartial Collection of all the memorable Events
1 6 4 1. Jor obtruc nis ways, to his own Will
. And therefore you may fee what truth
there is in his anſwer, by comparing one part of the Charge with another, when
the buſineſs of the Flax brought that calamity upon the King's Subjects that Thou-
ſanc:s of them periſhed for lack of Bread, and dyed in Dicches.
Secondly, Your Lordſhips have often heard him uſe a Rhetorical inſinuation,
wondring that he ſhould be charged with words, and they ſtrained ſo high as to
be made Treaſon, to queſtion his Life and Poſterity, though the words might be
ſpoken unadviſedly, or in diſcourſe, or by chance : Your Lordſhips remember the
Fifth Article, touching his proceedings againſt my Lord Mountnorris where words
were ſpoken in an ordinary diſcourſe at dinner, and Night ones, God knows, of
no conſequence at all, ſuch as another man would ſcarce have hearkened after,
and yet my Lord extends them to the taking away of my Lord Mountnorris his
life; gets a Sentence of Death againſt him, and that againſt Law, with a high
hand, in ſuch a manner, as I think your Lordſhips have not heard the like; and
therefore I beſeech you, compare one part of his Anſwer with another, and fee
how ready he is to make uſe of any thing that may excuſe himſelf; and yet when
he comes to act his power, you ſee his exerciſe of it.
You have heard how he magnifies his Zeal for advancing the King's Benefit
and Revenue, and his care of his Service, and would ſhelter and protect him-
ſelf under it, to juſtifie an exorbitant action : but if your Lordſhips call to mind
the buſineſs of the Cuſtoms for Tobacco, ( which in truth were the King's right
and duc, and a great profit was thereby advanced ; and he truſted to advance
it.) The King
muſt looſe of his former Rents in the caſe of Cuſtom, and re-
ceived a ſmall Rent in the caſe of Tobacco, my Lord himſelf in the mean time
imburſing ſuch vaſt ſumms of Money: where is then the diſcharge of his Truſt?
where is his care to advance the King's Rents ? to increaſe his Revenue ? Com-
pare that part of his Anſwer with this, and ſee what credit is to be given to his
affirmation.
My Lords, throughout the paſſages of his diſcourſe he inſinuates, (and ne-
ver more than this day ) with the Peers of the Realm, magnifying them almoſt
to Idolatry; and yet my Lords, when he was in his Kingdom' in Ireland, and
had power over them, what reſpect ſhewed he then to the Peers of the Kingdom,
when he judged fome to death, trampled upon others in miſery; committed
them to priſon, and ſeized on their Eſtates; where then was the Peerage he now
magnifies ?
And to fhew it was an inſinuation for his own advantage, you may remember,
when there was an unlawful Act to be committed, that is, the levying of Mo-
ncy in the North, What regard had he then to the Peers of the Kingdom, when
he comes to juſtifie and boulſter up High-Treaſon it ſelf, under the name and
authority of the great Council, where moſt of the Peers of the Realm then
were? and ſo by this time I know what credit your Lordſhips give to his
words ſpoken, when he lies under your Mercy and Power: but what do I ſpeak
of the Peers of the Kingdom, and his uſing of them? My Lords, he ſpared
not his Soveraign, His Majeſty in His whole Defence; for being charged with
offences of a high nature, he juſtifies thoſe offences under the pretence, and un
der the authority of His Majeſty, our Gracious King and Soveraign, even Mur-
ther it felf, in' the Caſe of Demirt, and my Lord Mountnorris. Treaſon it
felf in 'the Fifteenth Article by a Command in Ireland, and in the Seven and
twentieth, by a pretended authority from His Majeſty in the face of His people;
he juſtifies my Lord Mountnorris his ſentence by à Letter from his Majeſty,
Denmit's Sentence by a Commiſſion from his Majeſty, and he read three or four
clauſes to that purpoſe.
My Lords, my Lord of Strafford doth very well know (and if he doth not
know it, I have a Witneſs to produceagainſt him, which I will not examine, but
refer it to his own Conſcience, that is, The Petition of Right ) that the King's
Servants are to ſerve him according to Law and no otherwiſe : he very well knew if
an unlawful aćt be committed, eſpecially to a degree of Treaſon and Murder,
the King's Authority and Warrant produced, is no juſtification at all. So then,
my Lords, to mention the King's name, to juſtifie an unlawful act in that way,
can do him no good ; and his own underſtanding knows, it may do the King
harm, if we had not ſo Gracious a King, that no ſuch thing can do harm unto.
But,
1-
1
1
i
i
1
I 641.
from the Scotch Rebellion to the King's Murther.
1:43
But, my Lords, to produce the King's Warrant to juſtifie his actions under
his Patent and Command, what is it elfe, but ſo far as in him lies, in the face u
of his people, to raiſe a clond, and exhale a vapour ? To interpoſe betwixt
the King and his Subjects whereby the ſplendor of his Glory and Juſtice cannot
be diſcovered to his people?
My Lords, what is ic elſe, when the people make complaint againſt the Mini-
ſters ( that ſhould execute Juſtice ) of their oppreſſion and ſlavery, and bond-
age ? For the Miniſter, when he is queſtioned to juſtific this under the King's
Authority, what is it, I ſay, but as much as in that Miniſter lies, to fix this of-
fence, to faſten this oppreſſion upon the King himſelf, to make it to be believed,
that the occaſion of theſe their groans proceeded from his Sacred Majeſty ? yet
God be thanked the ſtrength of that Sun is powerful cnough to diſpel theſe va-
pours, and to diſperſe the cloud that he would have raiſed; but in the mean
time, my Lord is nothing to be excuſed.
My Lords, he may pretend zeal to the King's Service, and affection to His
Honour, but give me leave not to believe it, ſince, when he is queſtioned by all
the King's people, and in the face of his people, and offences laid to his charge,
which himſelf now confeſſes to be againſt Law; he ſhould juſtifie it under the
King's authority, that favours not of a good ſervant : I will ſay no more.
My Lords, he is charged with exerciſing a tyrannical power over the King's
people and in his Defence your Lordſhips have often heard(and I may not omit it)
that he ſhelters himſelf under the protection of the King's Prerogative, though
he be charged with Tyranny of the higheſt nature that may be : ſee then how
foul and malignant an aſpect this hath. My Lords, what is it elſe, but to en-
deavour, as much as in him lies, to infuſe into the King's heart an apprehenſion,
that his Prerogative is ſo bottomleſs a Gulf,ſo unlimiced a Power, as is not to
be comprehended within the Rules of Law, or within the bounds of Govern-
ment? 'for elſe why fhould he mention the Prerogative, when he is charged
to exceed the Law? What is it elſe, but as far as in him lies, to make the people
believe ( for I may not forget the words he hath uſed) by his magnifying of the
Prerogative, that it hath a ſpecial Stamp of Divinity on it, and that the other part
of the Government that God pleaſes to put into the King's hands, had not that
ſtamp upon it ? as if any thing done by one, was to be juſtified by authority de-
rived from Heaven, but the ocher not.
Theſe expreſſions your Lordſhips remember ; and I may not omit to put your
Lordſhips in mind of them; and I can expound them no otherwiſe than, as much
as in him lies to make the Subject believe and apprehend, that which is the buckler
and defence of his protection, to be the two-edged ſword of his deſtruction, ac-
cording to the Doctrine he Preached; and that that which is the Sanctuary of
their Liberty, is the Snare and Engine of their Slavery. And thus he hath caſt a
bone of contention, as much as in him lay, betwixt King and People, to make
the Subjects loath that glorious Flower of his Crown,by fixing a jealouſie in them,
that it may be a means of their Bondage and Slavery.
But there is ſo much Piety and Goodneſs in the King's Heart, that I hope, upon
fair underſtanding, there will be no ſuch occaſion, but no thanks to the party,
that ſo much advanced the Prerogative in the caſe and condition he ſtands in, to
juſtify that which is laid to his Charge of High Treaſon.
My Lords, I beſeech you give me leave, there is no greater ſafety to King
and people, than to have the Throne incircled with good Counſellors; and no
greater danger to both, than to have it encompaſſed with wicked and dangerous
ones ; and yet I beſeech you call to mind, how he hath attempted to deprive the
Subject of all means to diſcover this danger, by inſinuating to your Lordſhips,
what a dangeroses thing it mere, if Counſellors should be called in queſtion for giving of
Counſel: for who then (faith he) would be a Counſellor? where is your safeguard?
where is the King's ſervice? Is not this, as much as in him lies, to deprive the
People of the means whereby they muſt make themſelves happy, and whereby
the King muſt be happy, that is, by his having good Counſellors about him?
and
yet, he infuſes that venom, that the questioning of Counſellors is dangerous both
to King and Peers, if it ſhould be brought into Example. My Lords, for many years
by-paſt
, your Lordſhips know an evil ſpirit hath moved amongſt us, which in
truth hath been made the Author and ground of all
our diſtractions, and that is
neceſſity
1
5
-
144 An Impartial Collection of all the memorable Events
I 6
4
I.
1
neceſſity and danger : this was the bulwark and the battery that ſerves to defend
all exorbitant actions; the ground and foundation of that great invaſion of our
Liberties and Eſtates, the judgment in the Ship-money, and the ground of the
Counſel given of late to do any thing, and to perſwade the King, That he was
abſolved from all Rules of Government ; and yet your Lordſhips have obſerved in the
courſe of his Defence, how often he hath raiſed this ſpirit, that God be thanked bath
been laid, to the great Comfort of King and Kingdom, by your Lordſhips, and all
the Commons in Parliament. And when he ſtands under this queſtion, and goes
about to juſtify his exorbitant actions, how often hath he created this Idol again?
and therefore I am afraid. he diſcovers too much his own heart in it.
My Lords, I may not omit.ſome other paſſages in his Defence, How he hath caſt
Scandals upon three Nations in this place ; that is, in his firſt day of Defence, when
the Iriſlo Remonſtrance, made by all the Commons of Ireland; was produced by
the Commons of England; he expreſſed in a paſſion, that things were carried againſt
him by Fa£tion and Correſpondence, and (if he had time he would make it appear) with
a ſtrong Conſpiracy. Here is a ſcandal caſt upon the Parliament of Ireland, with a
reflection on the Commons of England; howſoever, it is true, your Lordſhips
may remember the recantation he made that day, which I will not omit, deſiring
not to lay any thing to his charge but what is true; but it is the reflection of a
ſcandal that I cannot omit to put your Lordſhips in mind of; and the rather,be-
cauſe this Remonſtrance, preſented from the Parliament of Ireland, did bear date
before my Lord of Strafford was charged here, which is very remarkable, viz. the
7th of November; and therefore, though he pretends a correſpondence, certainly
there could be none then, for he is not charged here till the Tenth.
And the ſame day, juſtifying a Sentence in the Caſtle-Chamber, your Lordſhips
remember he affirmed, that unleſs a ſtrict hand were kept upon the Nation there, they
would find it hard to prevent Perjury, one of the most crying Sins in Ireland. Now to
lay an aſperſion upon the Subjects of Ireland, being under the Government of the
fame King with us, how fit this is to be done by a man in that condition that my
Lord of Strafford is, I refer to your confideration.
Another paſſage I remember, whereby in his Defence he fell upon that Na-
tion; in anſwer of which, I may not omit to do the ſervice I owe to the Commons,
for whom I am truſted, and that is, that talking of an Arbitrary and Tyrannical
Government, in reference to ſome Orders of the Commons-Houſe in Ireland, he
uſed words to this purpoſe: You talk of an Arbitrary Government, look, upon theſe
Orders, bere is an Arbitrary Government : and yet when he produced the Orders,
they appeared to have ſo much juſtice and diſcretion in them, that he can lay no-
thing to the charge of them, though in a paſſion he is not backward to aſpeçſe
them.
My Lords, If this Lyon (to uſe his own language) now that he is chained and
muzled, under the reſtraint and queſtion of High Treaſon, will here take the
boldneſs to vent this Language, and expreſs this Malignity; How would he do if
he were unchained ? How would he devour ? How would he deſtroy ? &c.
My Lords, Something concerns your Lordſhips; your Lordſhips remember,
that he was not backward in his own anſwer, to fix a Charge of High Treaſon upon
the Lords of the Great Council; and howſoever he hath affirmed this day, 'I muſt
open it again, That the Charge of the Seven and twentieth Article he fixes in his
Anſwer, to be by conſent of the Lords of the Great Council, though he hath ſince
recanted it; and yet you have heard him alledge, That he will ſtand and fall by the
truth of his anſwer.
My Lords, I am now at an end. You have my Lord of Strafford here queſtioned
for High Treaſon, for going about to Subvert the Fundamental Laws of both
Kingdoms, in defence whereof, your Noble Anceſtors ſpent their Lives and
Bloods. My Lords, You are the Sons of thoſe Fathers, and the fame Blood runs
in
your
veins, that did in theirs ; and I am confident you will not think him fit to
live, that goes about to deſtroy that which protects your Lives, and preſerves
your Eſtates and Liberties.
My Lords, You have the Complaints of Three Kingdoms preſented before
you againſt this Great Perſon ; whereby your Lordſhips perceive that a great
ſtorm of Diſtemper and Diſtraction hath been raiſed, that threatens the Ruin
and Deſtruction of them all. The Commons with much Pain and Diligence and
to
1
1
from the Scotch Rebellion to the King's Murther.
145
1
11
164.1.
H
to their great Expence, have diſcovered the Fonas that is the Occaſion of this
Tempeſt ; they have ſtill and will diſcharge their Conſciences (as much as in
them lies) to caſt him out of the Ship, and allay the Tempeſt. They Expect and
are Confident your Lordſhips will perfect the Work, and that with Expedition,
leſt with the Continuance of the Storm both Ship and Tackling and Mariners,
both Church and Commonwealth be Ruined and Deſtroyed.
4
It was certainly, as appeared by the ſequel
, a great miſtake in making
this Compariſon; and when by Tumults they threw this Noble Jonas
overboard, they threw one of the abieſt Pilots; the Storm being ſo far
from ceaſing, that from that Unhappy Moment it was changed to a
Tempeſt, which did actually Ruin and Deſtroy both the Ship, Tackling
and Mariners, the Church and Commonwealth.
1
.
When Mr. Glyn had concluded his Replication, Mr. Pym ſtood up,
and, with all the power of ſtudied and malitious Rhetorique;endeavoured
to aggravate the Earl of Strafford's .guilt in a ſet Oration, which he
would have made the Audience believe was the Extempore product of his
Parts and Abilities, as an immediate Reply to the Earl's Defence; but it
was his Misfortune (which gave occaſion to ſome of the Noble Audience
to ſmile) to fall into a great Diſorder and Confufion; inſomuch, that by
pulling out his Paper to recollect his memory and reaſſure himſelf
, he
diſcovered that it was a premeditated and Elaborate Task; and that what-
ever the Earl had ſpoken, that was to be the anſwer, which followeth.
5
My Lords,
M
the Evidence
"
1
Any dayes have been ſpent, in maintenance of the Impcachinent of the Mr. Dym's
Earl of Strafford, by the Houſe of Commons, whereby he ſtands charged Speech at the
with High Treaſon; and your Lordſhips have heard his Defence with ſumming up
patience, and with as much Favour as Juſtice would allow. We have paſſed
through our Evidence, and the reſult of all this is, that it remains clearly pro- Earl of Strafo
againſt the
ved, That the Earl of Strafford hath endeavoured by his Words, Actions, and ford, April 13.
Counſels, to ſubvert the Fundamental Laws of England and Ireland, and to intro-
duce an Arbitrary and Tyrannical Government.
This is the envenomed Arrow for which he inquired, in the beginning of his
Replication this day, which hath infected all his Blood; This is that intoxicating
Cup, (to uſe his own Metaphor) which hath tainted his Judgment, and poiſoned
his Heart: from hence was infuſed that ſpecifical difference, which turned his
Speeches, liis Actions, his Counſels, into Treaſon ; not cumulativè, as he expreſt
it, as if many miſdemeanors could make one Treaſon ; but formally and eſſential-
ly. It is the end that doch inform Actions, and that doth ſpecificate the nature
of them, making not only criminal, but even indifferent Words and Actions to
be Treaſon, being done and ſpoken with a Treaſonable intention.
That which is given to mein charge, is to ſhew the quality of the offence, how
hainous it is in the nature, how miſchievous in the effect of it, which will beſt
appear, if it be examined by that Law, to which he himſelf appealed, that Uni-
verfal, that Supream Law, Salus Populi : This is the Element of all Laws, out of
which they are derived, the
end of all Laws, to which they are deſigned, and in
which they are perfected; How far it ſtands in oppoſition to this Law, I ſhall
endeavour to ſew in ſome conſiderations, which I ſhall preſent to your Lord-
ſhips, all ariſing out of the Evidence which hath been opened.
The Firſt is this, It is an offence comprehending all other offences ; here you
ſhall find ſeveral Treaſons, Murthers, Rapines, Oppreſlions, Perjúries,
The Earth hath a Seminary
Virtue, whereby it doth produce all Herbs and
Plants, and other Vegetables: There is in this Crime a Seminary of all Evils
hurtful to a State ; and if you conſider the reaſons
of it, it muſt needs beſo: the
Vol. II.
Law
1
1
V
1
1
1
1:46
1
1 641.
upon a State.
1
An Impartial Collection of all the memorable Events
Law is that which puts a difference betwixt good and evil, betwixt.. juſt and un-
juſt; if you take away the Law, all things will fall into a confuſion, every man
will become a Law to himſelf, which in the depraved condition of humane Na-
ture, muſt needs produce many great enormities.; Luſt will become a Law, and
Envy will become a Law, Covetouſneſs and Ambition will become Laws; and
what dictates, what deciſions ſuch Laws will produce, may caſily be diſcerned in
the late Government of Ireland: The Law hath a power to prevent, to reſtrain,
to repair Evils ; without this, all kind of miſchief and diſtempers will break in
It is the Law that doth cntitle the King, to the Allegiance and service of his
People ; it entitles the People to the Protection and Juſtice of the King. It is
God alone who ſubſifts by himſelf, all other things ſubſiſt in a mutual dependence,
and relation. He was a wiſe
man that ſaid, That the King Subſiſted by the Field obat
is tilled: It is the Labour of the people that ſupports the Crown: If you take
away the protection of the King, the vigor and cheerfulneſs of Allegiance will be
taken away, though the obligation remain.
The Law is the boundary, the meaſure betwixt the King's Prerogative and the
Peoples Liberty; whilſt theſe move in their own Orbs, they are a ſupport and a
ſecurity to one another; the Prerogative a cover and defence to the Liberty of
the People, and the People by their Liberty are enabled to be a foundation to the
Prerogative; but if theſe bounds þe. ſo removed, that they enter into conteſta-
tion and conflict, one of theſe miſchiefs muſt enſue : If the Prerogative of the
King overwhelme the Liberty of the People, it will be turned into Tyranny, if
Liberty undermine the Prerogative, it will grow into Anarchy.
The Law is the ſafeguard, the cuſtody of all private Intereſt; your Honors,
your Lives, your Liberties and Eſtates, are all in the keeping of the Law ; with
out this, every man hath a like right to any thing, and this is the condition into
which the Iriſh were brought by the Earl of Strafford : And the reaſon which he
gave
for it, hath more miſchicf in it, than the thing it ſelf, they were a Conquered
Nation. There cannot be a word more pregnant and fruitful in 'Treaſon, than that
word is. There are few Nations in the World, that have not been conquered,
and no doubt but the Conqueror may give what Laws he plcaſes to thoſe that are
conquered : but if the ſucceeding pads, and agreements do not limit and reſtrain
that Right, What Pcople can be ſecure ? England hath been conquered,and Wales
hath been conquered, and by this reaſon, will be in little better cafe than Ire-
land : if the King, by the right of a Conqueror, gives Laws to his People; ſhall
not the People by the fame reaſon, be reſtored to the right of the Conquered, to
recover their Liberty if they can? What can be more hurtful, more pernicious to
both, than ſuch propoſitions as theſe ? And in theſe particulars is determined
the firſt Conſideration.
1
::
Lt
7
:
I
The Second Conſideration is this ; This Arbitrary Power is dangerous to the
King's Perſon, and dangerous to his Crown: it is apt to cherith Ambition,
Uſurpation, and Oppreſlion in great Men, and to beget Sedition and diſcontent
in the People ; and both theſe have been, and in realon muſt ever be, cauſes of
great trouble and alteration to Princes and States.
If the Hiſtories of thoſe Eaſtern Countreys be peruſed, where Princes order
their affairs according to the miſchievous Principles of the Earl of Strafford,
looſe and abſolved from all rules of Government, they will be found to be fre-
quent in Combuſtions, full of maſſacres, and of the Tragical ends of Princes.
if any man ſhould look into our own ſtories, in the times when the Laws were moſt
neglected, he ſhall find them full of commotions, of civil diſtempers; whereby
the Kings that then Reigned, were always kept in want
and diſtreſs; the People
conſumed with Civil Wars; and by ſuch wicked Counſels as theſe, ſome of our
Princes have been brought to ſuch miſerable ends, as no honeſt heart can remeni-
ber, without horror and earneſt Prayer, that it may never be ſo again.
The Third Conſideration is this, The Subverſion of the Laws; and this Ar-
bitrary Power, as it is dangerous to the King's Perſon, and to his Crown, ſo is
it in other reſpects, very prejudicial to his Majeſty, in his Honour, Profit, and
Greatneſs; and yet theſe are the Guildings and Paintings that are put upon
ſuch
1
1
:
*
::
4
from the Scotch Rebellion to the King's Murther.
147
ſuch Counſels ; Theſe are for your Honour, for your Service ; whereas in truth, 1641
they are contrary to both: But if I ſhall take off this varniſhi, I hope they ſhall
then appear in their own Native deformity, and therefore I deſire to confider
them by theſe Rules.
It cannot be for the Honour of the King, that His Sacred Authority ſhould be
uſed in the practice of Injuſtice and Opprellion; That his name fiould be applyed
to patronize ſuch horrid crimes, as have been repreſented in Evidence againſt the
Earl of Strafford; and yet how frequently, how preſuniptuouſly his Commands,
his Letters, have been vouched throughout the courſe of this Defence? Your
Lordſhips have heard, when the Judges do Juſtice, it is the King's Juſtice; and
this is for his Honour, becauſe He is the fountain of Juſtice : But when they do
Injuſtice, the offence is their own, but thoſe Officers and Miniſters of the King,
who are moſt officious in the exerciſe of this ArbitraryPower,they do it common-
for their advantages, and when they are queſtioned for it, then they fly to
the King's Intereſt, to his Direction: And truly my Lords, this is a very une-
qual diſtribution for the King, that the diſhonour of evil courſes ſhould be caſt
upon him, and they to have the advantage.
The prejudice which it brings to him in regard of his profit, is no leſs appa-
rent, it deprives him of the moſt beneficial, and moſt certain Revenue of his
Crown, that is, The voluntary Aids and Supplies of His People ; His other Re-
venues, conſiſting of goodly Demeans, and great Mannors, have by grants been
alienated from the Crown and are now exceedingly diminiſhed and.impaired: But
this Revenue, it cannot be ſold, it cannot be burdened with any Penſions or
Annuities, but comes intirely to the Crown. It is now almoſt Fifteen years
ſince His Majeſty had any Alliſtance from His People, and; theſe illegal wayes
of ſupplying the King were never preſt with more Violence and Art, then they
have been in this time; and yet I may, upon very good grounds, affirm, That
in the laſt Fifteen years of Queen Elizabeth, She received more, by the Bounty
and Affection of her Subjects, then hath come to his Majeſties Coffers;, by all the
inordinate and rigorous courſes which have been taken. And, as thoſe Supplies
were more beneficial, in the Receipt of them, ſo were they likewiſe in the uſe
and imployment of them.
Another way of prejudice to His Majeſties profit, is this: Such Arbitrary
Courſes exhauſt the people, and diſable them, when there ſhall be occaſion, to
give ſuch plentiful Supplies, as otherwiſe they would do. I ſhall need no other
proof of this, then the Iriſla Government under my Lord of Strafford, where
the Wealth of the Kingdom is ſo conſumed, by thoſe horrible Exactions and
Burdens, that it is thought, the Subſidies lately granted, will amount to little
more then half the proportion of the laſt Subſidies. The two former wayes
are hurtful to the King's profit, in that reſpect which they call Lucrum Geffins,
by diminiſhing his Receipts ; But, there is a third, fuller of miſchief; and, it is
in that reſpect, which they call Damnum emergens, by encreaſing his Disburſe-
ments : ſuch irregular and exorbitant attempts upon
the Liberties of the People,
are apt to produce ſuch miſerable Diſtractions and Diſtempers, as will put the
King and Kingdoms to ſuch vaſt Expenſes and Loſſes in a ſhort time, as will not
be recovered in many years : We need not go far to ſeek a proof of this, theſe
two laſt years will be a ſufficient Evidence, within which time I aſſure
my ſelf,
it may be proved, that more Treaſure hath been waſted, more loſs ſuſtained
By His Majeſty and His Subjects, then was ſpent by Queen Elizabeth in all the
War of Tyron, and in thoſe many brave Attempts againſt the King of Spain,
and the Royal Alliſtance which ſhe gave to France, and the Low-Countries, du-
ring all Her Reign.
As for greatneſs, this Arbitrary Power is apt to hinder and impair it; not
only at home, but abroad. A Kingdom is a Society of men conjoyned under
one Government, for the Common good : The World is a Society of King-
domes and States. The King's Greatneſs conſiſts not only in His Dominion
Over his Subjects at home, but in the Influence which he hath upon States abroad;
That he ſhould be great even among
Kings, and by his Wildom and Authority,
ſo to incline and diſpoſe the Affairs of other States and Nations, and thoſe great
events which fall out in the World, as ſhall be for the good of Mankind; and
for the Peculiar advantage of His own People. This is the moſt glorious, and
Vol. II.
magnificent
?
V 2
J
d
1
1
1
.
1
148 An Impartial Collection of all the memorable Events
16 4 1. magnificent greatneſs, to be able to relieve diſtreſſed Princes, to ſupport his
own Friends and Allies, to prevent the' Ambitious Deſigns of other Kings;
and, how much this Kingdom hath been impaired in this kind, by the late mil-
chievous Counſels, your Lordſhips beſt know ; who, at a near diſtance, and
with a more clear ſight, do apprehend theſe publick and great affairs, then I can
do. Yet thus much I dare boldly ſay, that if his Majeſty had not, with great
Wiſdom and Goodneſs, forſaken that way, wherein the Earl of Strafford had
put him, we ſhould, within a ſhort time, have been brought into that miſerable
condition, as to have been uſeleſs to our Friends, contemptible to our Enemies,
and uncapable of undertaking any great Deſign, either at home or abroad.
A Fourth Conſideration is, That this Arbitrary and Tyrannical Power, which
the Earl of Strafford did exerciſe in his own Perſon, and to which he did adviſe
His Majeſty, is inconſiſtent with the Peace, the Wealth, the Proſperity of a
Nation' It is deſtructive to Juſtice, the Mother of Peace; to Induſtry, the
ſpring of Wealth; to Valour, which is the active Virtue, whereby the proſpe-
rity of a Nation can only be procured confirmed, and enlarged.
It is not only apt to take away Peace, and ſo entangle the Nation with Wars,
but doth corrupt Peace, and puts ſuch a malignity into it, as produceth the effects
of War. We need ſeek no other proof of this, but the Earl of Strafford's
Government, where the Iriſli, both Nobility and others, had as little ſecurity of
their Perſons or Eſtates in this peaceable time, as if the Kingdom had been under
the rage and fury of War.
And as for Induſtry and Valour, who will take pains for that, which when
he hath gotten, is not his own? or who fight for that wherein be hath no other
Intereſt, but ſuch as is ſubject to the Will of another? The ancient encourage-
ment to men, that were to defend their Countreys, was this, That they were
to hazard their perſon, pro Aris & focis, for their Religion, and for their
Houſes ; But by this Arbitrary way which was practiſed in Ireland, and counſel-
led here ; no man liad any certainty, either of Religion, or of his Houſe, or
any thing elſe to be his own ; But beſides this, ſuch Arbitrary courſes have an
ill operation upon the courage of a Nation, by embaſing the hearts of the Peo-
ple: A ſervile condition does for the moſt part beget in men a ſlaviſh temper
and diſpoſition. Thoſe that live ſo much under the Whip, and the Pillory,
and ſuch ſervile Engines, as were frequently uſed by the Earl of Strafford, they
may have the dregs of Valour, Sullenneſs and Stubborneſs, which may make
them prone to inutinies and diſcontents; But thoſe Noble and Gallant affecti-
ons, which put men to brave deſigns and attempts for the preſervation or en-
largement of a Kingdom, they are hardly capable of. Shall it be Treaſon to
embafe the King's Coin, though but a picce of Twelve-pence, or Six-pence?
and muſt it not needs be the effect of a greater Treaſon, to embaſe the Spirits
of his Subjects, and to ſet a Stamp and character of Servitude upon them,where-
by theyſhall be diſabled to do any thing, for the Service of the King and Com-
monwealth ?
The Fifth Conſideration is this, that the exerciſe of this Arbitrary Govern-
ment in times of ſuddain danger, by the invaſion of an enemy, will diſable His
Majeſty to preſerve himſelf and His Subjects from that danger." This is the only
pretence by which the Earl of Strafford, and ſuch other miſchievous Counſellors,
would induce his Majeſty to make uſe of it, and if it be unfit for ſuch an occa-
fion, I know nothing that can be alledged in maintainance of it.
When War threatens a Kingdom by the coming of a Forraign Enemy,it is no
time then to diſcontent the people, to make thein weary of the preſent Govern-
ment, and more inclinable to a change; The ſupplies which are to come in this
way,
will be unready, uncertain, there can be no aſſurance of them, no depen-
dance upon them, cither for time or proportion : And if ſome Money be gotten
in ſuch a way, the diſtractions, diviſions, diſtempers, which this courſe is apt
to produce, will be more prejudicial to the publique ſafety, than the Supply
can be advantagious to it, and of this we have had ſufficient experience the last
Summer.
The Sixth, That this crime of Subverting the Laws, and introducing an Ar-
bitrary aud Tyrannical Government, is contrary to the Pact and Covenant be-
!
1
twist
!
$
from the Scotch Rebellion to the King's Murther.
149
Į 64 1.
1
!
1
twixt the King and his people ; that which was ſpoken of before; was the le-
gal union of Allegiance and Protection ; this is a perſonal union by niutual
mutual a
agreement and ſtipulation, confirmed by Oath on both ſides : The King and
his people are obliged to one another in the neareſt relations, he is a Father and
a Child, is called in Law pars patris : He is the Husband of the Commonwealth,
they have the ſame intereſts,they are inſeparable in their condition, be it good or
evil; he is the Head, they are the Body; there is ſuch an incorporation as can-
not be diſſolved, without the deſtruction of both.
When Juſtice Thorp in Edward the III. time, was by the Parliament condemn-
ed to death for bribery, the reaſon of that Judgment is given, becauſe he had
broke the King's Oath, not that he had broke his own Oath, but he had broken
the King's Oath, that ſolemn and great Obligation, which 'is the ſecurity of
the whole Kingdom: If for a Judge to take a ſmall ſumm, in a private Cauſe
was adjudged capital, how much greater was this offence, whereby the Earl of
Strafford hath broken the King's Oath in the whole courſe of his Government in
Ireland, to the prejudice of ſo many of his Majeſties Subjects in their Lives,
Liberties, and Eſtates, and to the danger of all the reſt ?
The Doctrine of the Papiſts Fides non eſt feruanda cum Hereticis; is an abomi-
nable Doctrine: yet that other Tenet, more peculiar to the Jeſuits, is more
pernicious, whereby Subjects are diſcharged from their Oath of Allegiance to
their Prince, whenfoever the Pope plealeth; This may be added to make the
third no leſs miſchievous and deſtructive to húmane Society, than either of the
reit. That the King is not bound by that Oath which he hath taken, to obſerve
the Laws of the Kingdom, but may when he ſees cauſe, lay Taxes and Burthens
upon them without their conſent, contrary, to the Laws and Liberties if the
Kingdom. This hath been Preached and publiſhed by divers. And this is
that which bath been practiſed in Ireland by the Earl of Strafford; in his Govern-
ment there, and endeavoured to be brought into England, by his Counſel hese.
The Seventh is this; It is an offence that is contrary to the end of Govern-
ment ; The end of Government was to prevent oppreſſions; to limit and re-
ſtrain the exceſſive power and violence of great men, to open the paſſages of
Juſtice, with indifferency towards all; This Arbitrary Power is apt to induce
and encourage all kind of inſolencies.
Another end of the Government, is to preſerve men in their Eſtates, to ſe-
cure them in their Lives and Liberties; but if this deſign had taken effect, and
could have been ſetled in England, as it was practiſed in Ireland, no man would
have had more certainty in his own; then Power would have allowed him ; but
theſe two have been ſpoken of before, there are two behind more important,
which have not yet been touched.
It is the end of Government, that Vertue hould be cheriſh'd, Vice ſuppreſt,
but where this Arbitrary and unlimited Power is ſet up, a way is open, not only
for the ſecurity, but for the advancement and encouragernent of evil; ſuch men
as are apt for the execution and maintenance of this power, are only capable of
preferment; and others who will not be inſtruments of any unjuſt commands,
who make a conſcience to do nothing againſt the Laws of the Kingdom, and
Liberties of the Subject, are not only not paſſable for employment, but ſubject
to much jealouſie and danger.
It is the end of Government, that all Accidents and Events, all Counſels and
Deſigns ſhould be improved to the publique good : But this Arbitrary Power is
apt to diſpoſe all, to the maintainance of it ſelf, The wiſdom of the Council-
Table ; The authority of the Courts of Juſtice; The induſtry of all the Offi-
cers of the Crown, have been moſt carefully exerciſed in this; 'the Learning of
our Divines, the Juriſdiction of our Biſhops have been moulded and diſpoſed to
the ſame effect, which though it were begun before the Earl of Strafford's im-
ployment, yet it hath been exceedingly furthered and advanced by hiin.
Under this colour and pretence of maintaining the King's Power and Prero-
gativc, many dangerous practiſes againſt the peace and ſafety of the Kingdom,
have been undertaken and promoted. The increaſe of Popery, and the favours
and encouragement of papiſts have been, and ſtill are a great grievance and dan-
ger to the Kingdom : The innovation; in matters of Religion, the Uſurpatious
of 1
.
+
f
1
4
1
150
I 641.
2
11
:
An Impartial Collection of all the memorable Events
of the Clergy, the manifold burthens and taxations upon the people, have been
a great cauſe of our preſent diſtempers and diſorders ; and yet thoſe who have
been chief furtherers and actors of ſuch miſchiefs, have had their Credit and Au-
thority from this, that they were forward to maintain this power. The Earl
of Strafford had the firſt riſe of his Greatneſs from this; and in his Apology and
Defence, as your Lordſhips have heard, this hath had a main
part.
The Royal Power and Majeſty of Kings is moſt Glorious in the Proſperity and
happineſs of the People; the perfection of all things conſiſts in the end, for which
they were ordained, God only in his own end, all other things have a further
end beyond themſelves, in attaining whereof, their own happineſs conſiſts : if
the means and the end be ſet in oppoſition to one another, it muſt needs cauſe an
impotency and defect of both.
The Eighth Conſideration, is the vanity and abſurdity of thoſe excuſes' and
juſtifications, which he made for himſelf, whereof divers particulars have been
mentioned in the courſe of this Defence.
1. That he is a Counſellor, and might not be queſtioned for any thing which
he adviſed according to his Conſcience; The ground is true, there is a liberty
belongs to Counſellors, and nothing corrupts Counſels more than Fear; He that
will have the priviledg of a Counſellor, muſt keep within the juſt bounds of a
Counſellor; thoſe matters are the proper Subjects of Counſel, which in their
times and occaſions,may be good or beneficial to the King or Common-wealth;
But ſuch Treaſons as theſe, the ſubverſion of the Laws, violation of Liberties,
they can never be good or juſtifiable by any circumſtance, or occaſion; and there-
fore his being a Counſellor,makes his fault' much more hainous,as being commit-
ted againſt a greater Truſt, and in a way of much miſchief and danger, left His
Majeſties Conſcience and Judgment (upon which, the whole courſe and frame
of His Government,do much depend)hould be poyſoned and infected with ſuch
wicked Principles and Deſigns: and this he hath endeavoured to do, which by
all Laws, and in all Times hath in this Kingdom been reckoned a crime of an
high Nature.
2. He labours to intereſt your Lordſhips in his Cauſe, by alleadging, it may
be dangerous to your ſelves, and your poſterity, who by your Birth are fitteſt
to be near His Majeſty, in places of Truſt and
Authority, if you ſhould be fub-
ject to be queſtioned for matters delivered in Council. To this was anſwered,
That it was hoped their Lordſhips would rather labour to ſecure themſelves, and
their poſterity, in the exerciſe of their Virtues, than of their Vices, that ſo
they might, together with their own Honor and Greatncfs, preſerve the
Honor and Greatneſs, both of the King and Kingdom.
3. Another excuſe was this, That whatſoever he hath ſpoken, was out of
good intention. Sometimes good and evil, truth and fallhood, lye fo near to-
gether, that they are hardly to be diſtinguiſhed: Matters hurtful and dangerous,
may be accompanied with ſuch circumſtances, as may make it appear ufeful and
convenient, and in all ſuch caſes, good intention will juſtifie evil Counſel; But
where the matters propounded are evil in their own nature, ſuch as the matters
are, wherewith the Earl of Strafford is charged, to break a publique Faith, to
fubvert Laws and Government : they can never be juſtified by any intentions,how
good foever they be pretended.
4. He alleadgeth it was
a time of great neceſſity and danger, when ſuch Coun-
fels were neceſſary for preſervation of the State. Neceſſity háth been ſpoken of
before, as it relates to the Cauſe; now it is conſidered as it relates to the Perſon
if there were any neceſſity, it was of his own making; he by his evil Counſel
had brought the King into a neceſſity, and by no rules of Juſtice can be allowed
to gain this advantage by his own fault, as to make that a ground of his juſtifi-
cation which is a great part of his offence.
5. He hath often inſinuated this, That it was for His Majeſties ſervice, in
maintainance of that Soveraign Power, with which he is intruſted by God, for
the good of his people. The Anſwer is this, No doubt but that Soveraign
Power wherewith his Majeſty is intruſted for the publique good, hath many glo-
rious effects, the better to enable him thereunto; But without doubt, this is
none of them, That by his own Will, he may lay any Tax or impoſition upon
His
;
1
1
1
..
IH
thu
151
1.64 16
.
L
15
!
1
1
from the Scotch Rebellion to the King's Murtber,
His people, without their conſent in Parliament. This hath now been five
times adjudged by both Houſes, in the caſe of the Loans, in condenning Com-
millions of Exciſc, in the reſolution upon the ſaving offered to be ſaved to the
Petition of Right, in the ſentence againit Manwaring, and now Lutell
, in con-
demning the Shipmoney; And if the Soveraign Power of the King, can pros
duce no ſuch cffect as this the Allegation of it is an aggravation, and no diminu-
tion of his offence, becauſe thereby he doth labour to intereſt the King againſt
the juſt grievance and complaint of the People.
6. This Counſel was propounded withi diverſe Limitations and Proviſions ;
for ſecuring and repairing the Liberty of the People: This implies a contra-
diction to maintain an Arbitrary and Abſolute Power, and yet to reſtrain it
with Limitations and Proviſions ; for even thoſe limitations and proviſions ,
will be ſubject to the ſame abſolute power, and to be diſpenſed in ſuch manners
and at ſuch time, as it ſelf fall determine ; let the Grievances and Oppreſkons
be never ſo heavy, the Subject is left without all remedy, but at His Majeſties
own pleaſure.
7. He alleadgeth, They were but Words, and no effect followed; this needs
no Anſwer : but, that the Miſerable Diſcmpers into which he hath brought all
the three Kingdoms, will be Evidence ſufficient, that his Wicked Counſels have
had ſuch Miſchievous Effects within theſe two or thrce laſt years, that many
years peace will hardly repair thoſe loſſes, and other great Miſchiefs which the
Common-Wealth hath ſuſtained.
8. Theſc Excuſes have been collected out of the ſeveral Parts of his defence,
perchance ſome others are omitted, which I doubt not have been Anſwered by
ſome of my Collegues, and are of no Importance ;' either to perplex or to hin-
der your Lordſhips Judgment touching the hainouſneſs of this Crime.
The oth confideration is this, That if this be Treaſon, in the Nature of it, it
doth exceed all other Treaſons in this, That in the Deſign and Endeavour of
the Author, it was to be a conſtant and permanent Treaſon;' Other Treaſons
are Tranſient, as being confined within thoſe particular Actions and Proporti-
ons, wherein they did conſiſt, and thoſe being paſt, the Treaſon ceaſeth.
The Powder Treaſon was full of horror and malignity, yet it is paſt many
years ſince : The Murder of that Magnaninious and Glorious King, Henry the
Fourth of France, was a great and horrid: Treaſon; and ſo were thoſe mani-
fold Attempts againſt Queen Elizabeth of bleſſed Memory; but, they are long
ſince paft; the Deteſtation of them only remains in Hiſtories, and in the minds
of men, and will ever remain : But, thís Treaſon, if it had taken effect, was to
be a ſtanding perpetual Treaſon, which would have been in continual Act,
not determined within one time or Age, but tranſmitted to Poſterity, even
from one generation to another..
The roth Conſideration is this, That as it is a Crime odious in the Nature
of it, ſo it is odious in the Judgment and Eſtimation of the Law: To alter the
ſetled Frame and Conſtitution of Government, is Treaſon in any ſtate. The
Laws, whereby all other parts of a Kingdom are preſerved, hould be very vain
and defective, if they had not a power to ſecure and preſerve themſelves.
The Forfeitures inflicted for Treaſon, by our Law, are of Life, Honor and
Eſtate, even all that can be forfeited; and this Priſoner having committed ſo ma-
ny Treaſons, although he would pay all theſe Forfeitures, will be ſtill a Debt-
or to the Common-wealth : nothing can be more equal, then that he ſhould pe-
rilh by the Juſtice of that Law, which he would have Subverted; neither will
this be a new way of Blood, There are Marks enough to trace this Law to
the very Original of this Kingdom: and if it hath not been put in Execution, as
he allcadgeth, this 240 years, it was not for want of Law, but, that all that
time hath not bred a man, bold enough to commit fuch Crimes as theſe ; which
is a circumſtance, much aggravating his Offence, and making him no whit
leſs liable to puniſlıment, becauſe he is the only Man, that in ſo long a tinie
.
hath ventured upon ſuch a Treaſon as this.
It belongs to the
Charge of another, to make it appear to your Lordhips, that
the Crimes and Offences proyed againſt the Earl ot Strafford, are High-T reaſon
by the Laws and Statutes of this Realm, whoſe Learning and other Abilities
are much better for that Service : But, for the time and manner of performing
this,
+ 1
+
1
111
1.
;
1
1
I
152 An Impartial Colle&tion of all the memorable Events
641. this, we are to reſort to the Direction of the Houſe of Commons, having in this,
which is already done, diſpatched all thoſe Inſtructions which we have re-
ceived ; and, concerning further Proceedings for clearing all Queſtions and Ob-
jections in Law, your Lordſhips will hear from the Houſe of Commons in Con-
venient time.
+
Wedneſday,
April 14.
Thurſday,
April 15.
For this and his Speech at the beginning of the Tryal, Mr. Pym had
the particular Thanks of the Houſe of Commons, and was ordered to
Print and Publiſh them.
Thus was the proceſs cloſed as to matter of fact; that which was
now remaining was matter of Law, which the Lords had condeſcended
that the Earl's Council ſhould have liberty to ſpeak to ; and accordingly
a Meſſage was ſent from the Lords by Judge Reeves and Serjeant Glanvile
upon Wedneſday, 14th of April
, to let them know,That their Lordſhips
had appointed to hear the Earl of Strafford's Council to morrow at 8 of the
Clock concerning the matter of Law.
The Bill of Attainder was read again this day, and the Houſe was
reſolved into a Grand Committee of the whole Houſe, Mr. Peard ha-
ving the Chair, where it was warmly debated, Mr. Selden, Mr. Hol-
born, Mr. Bridgman, and ſeveral others oppoſing it.
The Commons ſent to deſire a Conference with the Lords about hear.
ing the Earl's Council, the Heads whereof were to repreſent to their
Lordſhips,
1. That it was 5 of the Clock before this intimation of their Lordſhips
to hear the Earl of Strafford's Council came to their Honſe.
2. Upon former Conferences beretofore had with their Lordſhips, a San
ving was made by the Houſe of Commons in that point, whether Council
should be heard or not, and 'tis not now time to conſider whether they ſhould
depart from that Saving.
3. Great difficulties to know to what purpoſe the Council ſhall be heard,
the Caſe not stated, agreed on, or made ; then to propound the danger and
inconvenience is, his Council make a caſe and ravel into all the Evidence
in ſuch an Auditory: and whether to diſpute the Cafe as 'tis alleadged in
the Articles.
That the Evidence of the Fa£t being given, it was in propoſition from
the beginning to go by way of Bill
, and that a Bill is exhibited here for his
Attainder ; that the proceedings by way of Bill, Stands in no way of Oppo-
ſition to theſe praceedings that have already been in this buſineſs ; that theſe
Several Conſiderations make more difficulty in this Houſe then to come to a
Judden and preſent Reſolution. And a Conference being had, Mr. Whit-
lock reports it to the Commons.
That the Lord Say told them, That they bad taken into conſidera-
tion this great buſineſs, and were not abſolutely reſolved how to proceed, but
that the Earl of Strafford's Council ſhould have notice to attend bere to
morrow, and ſould not ſpeak to any matter of fact, but of Law only.
Upon Friday April 16th, the Commons fell upon the Debate about
the låſt Conference, and concerning the Earl of Strafford, and came to
this Vote.
Reſolved upon the Queſtion,
That the endeavour of Thomas Earl of Strafford to Subvert the anci-
ent and Fundamental Laws of the Realms of England and Ireland, and to
introduce an Arbitrary and Tyrannical Government againſt Law in both
theſe Realms, is ſufficiently proved.
Upon
2
w
Friday,
April 16.
1
. 1
1
from the Scotch Rebellion to the King's Murther.
153
Upon the Conference the Lords appointing Saturday Ten of the
I 64.1.
Clock for hearing the Earl of Strafford's Councel, it was Ordered, That
2 Committee of the whole Houſe ſhould be preſent at Weſtmintter-Hall to
hear the ſame.
And accordingly upon Saturday the 17th of April, the Court being Saturday,
ſate, my Lord Steward acquainted the Earl of Strafford, That the Lord's April 17.
had reſolved to give him a fair hearing in the matter of Law, and deſired
that his Councel might keep that Diſtance, Moderation and Reſpect which
was due to the Judicature, and not at all meddle with matter of Fact.
The Earl replied, That he did in all humility acknowledg the Favour
and Juſtice done him by the Lords, and that he never Expected other from
ſuch Fuſt and Honourač le Perſons as their Lordſhips, in whoſe Integrity and
Goodneſs, next under that which he had placed above, he repoſed his chiefeſt
Confidence, and hopes of the Vindication of his Innocence ; and
for his Coun-
cel,they knew much better than himſelf what concerned the point of Diſcretion
and Reſpect due to that Illuſtrious Aſembly,and that he doubted not but they
would give all Satisfa&tion and Obedience that was deſired.
Then his Councel was called to the Bar, and having permiſſion given
them, Mr. Lane, the Princes Attorney, ſpoke as followetli.
A
My Lords,
T
Here is a Heavy Charge lyeth upon me and my Fellows, Nothing leſs Nr. Lane's
then to defend the Life, the Estate,' the Reputation and the Poſterity Las in bchale
of this Honourable Perſon at the Bar ; and if therein we ſhall be the more of the Earl of
preſling, we hope your Lordſhips will interpret this our forwardneſs to be for strafford.
Honeſty and conſcience fake in a matter that nearly concerneth both. But
it ſhall be our endeavour to carry our felves with our beſt Reſpects to your
Lordſhips, and with all Content and Satisfaction that may be to the Houſe of
Commons.
And becauſe your Lordſhips mentioned the matter of Fact, one thing, I
dare be bold to ſay, That all the time of this Noble Lord's Defences
, he did
not ſo much as crave any of our Opinions, or acquaint us with any thing that
tended that way; and for the matter of Law, Thoſe Statutes cited by him-
felf
, and offered to your Lordſhips Conſideration, were none of our ſtock, but
taken
up at his own adventure: I do not ſpeak this to derogate from the per-
tinency of thoſe Statutes, (for they ſhall be the ſubječt of my Diſcourſe)" but
that the Noble Lord may not be diſappointed of your Lordſhips right Con-
ception, and his own due praiſe
.
My Lords, It is your Pleaſure we meddle not with matter of Fast, and
indeed we need not meddle at all with it, becauſe we hope it is already done,
and that ſufficiently to our hands ; yet the matter of Law doth ſo naturally
ariſe out of the matter of Fait, that of neceſſity, by your Lordſhips Favour,
we muſt ſometimes touch on this, if we ſpeak to that. Nor do we conceive
it poſſible for us to ſpeak advantagioully enough for the Lord Strafford's juſt
Defence, unleſs the whole matter of Fact be determined as either proved, or
120t proved, or at leaſt ſome ſtates of Queſtions agreed upon where we may
fix and ſettle our. Arguments. And ſo it is
, my Lords, that I have choſen
not at all to touch the Matter of Law, untill your Lordſhips ſhall be pleaſed
to chalk me out a Way, unleſs it be to clear your Judgments in one Statute
onlyviz. 25. Ed. 3. becauſe when the same was alledged by. the Lord Straf-
ford for his own Defence; that not being convidt by the letter thereof, be
Vol. II.
X
could
1
-
.
154 An Impartial Collection of all the memorable Events
1 64 1.
could not be convict of Treaſon, I remember the Salvo of that Statute was
w much inſiſted upon by thoſe from the Houſe of Commons, as much conducing to
their Ends.
My Lords, I will firſt Speak of the Statute it ſelf, and then of its Salvo,
or Proviſion ; the Statute is, That if any man ſhall intend the Death of
the King, the Queen, or their Children, kill the Chancellor, or a Judge
upon the Bench, imbaſe the Kings Coyn, or counterfeit the Broad Seal,
&c. he ſhall be convicted and puniſhed as a Traytor.
That the Lord Strafford comes within the letter of this Statute, is not ſo
much as once alledged, nor indeed can it be with any Reaſon; All that can be
Said, is, that by relation or argument à minore ad majus, he may be drawn
thither : And that this cannot be, I humbly offer theſe conſiderations :
1. This is a Declarative Law, and ſuch are not to be taken by any way of
Conſequence, Equity or Conſtruction, but by the letter only; otherwiſe they
ſhould imply a contradiction to themſelves, and be no more Declarative Laws,
but Laws of Conſtruction.
Secondly, This is a Penal Law, and ſuch (if our Ground hitherto unque-
ſtion’d, holds good) can admit of no Inductions or Inferences: for Penalties
are to perſwade the keeping of known Laws, not of Laws conjectural ambigu.
ous, and by Conſequence, which perhaps the moſt Learned may not in their
diſputes queſtion, much leſs the subject (who is not to interpret the Statute)
doubt of in the point of Obedience, nay rather without doubt he is to obey
the letter of the Statate, and conceive and that truly) that he is not liable
to the Penalty.
Thirdly, We have a notable Statute 13 Eliz. c. 2. whereby it is declared,
That the bringing of Bulls from Rome to ſtir up the Subjects to Mutiny
and Rebellion, ſhall be puniſhed as Treaſon. Now, if by interpretation
or by conſequence this ſenje might have been thruſt upon preceding Statutes,
the making this had been ſuperfluous, and the perſons then charged with that
Crime might have been impeached of Treaſon even before the making of this
Act.
Fourthly, Anno 2 1 Ed. 3. we have a Statute declaring, That for a Ser-
vant to kill his Maſter, is ari Act of Treaſon, and in the 27th Year of the
Same King a Proceſs was framed againſt a man of Treaſon for Killing his
Father, grounded upon the ſame Argument à Majori ad Minus, but it was
found, and the Sentence is yet in the Records, that although in the 21 of
that Argument might have been admitted ; yet in the 27 it could
110t, by «reaſon of the Declarative Law intervening in the 25th Year. And
this Caſe comes very home to the point in hand.
My Lords, I will not demand what kind of Offence it may be for a man to
Subvert the Fundamental Laws of a Kingdom : the Crime doubtleſs is unna-
tural and monſtrous, and the puniſhment muſt keep the ſame proportion, only
I muſt preſume to nffer theſe few things to your conſideration; “1. That one
or more Acts of Injuſtice whether malitioully or ignorantly done, can in no
senſe of Law be called the Subverſion of the Fundamental Laws, otherwiſe
as many Judges perkaps ſo many Traytors. It is very incident to Man's Naa
ture to Err, rör doth the Lord Strafford plead bis Innocence in Over-
rights but in Treaſon.
2. I do remember the Caſe of John de la Pool Duke
of Suffolk ; this man in the 26 H.6. was charged by the Houſe of Commons
with Eight Articles of Ireaſon, and thoſe too very like to theſe againſt the
Lord Strafford. 1. That he had given the King bad Advices.
2. That
be had embafed his Coyn. 3. That he had Seſſed Men of War. 4. That be
had given out Summary Decrees. 5. That he had impoſed Taxes. 6. That
be
Ed. 3;
1
:
11.
155
1 641.
Ovo,
1
up a
,
from the Scotch Rebellion to the King's Murther.
ke had corrupted the Fountain of Justice. 7. That he had perſwaded the
King to unneceſary War. 8. To the giving up Anjou in France. Ovumu
And for all theſe, though he was charged with High Treaſon for wronging
the Right of the Subject, and Subverting the Fundamental Lawes of the
Kingdom, yet after long agitation; the matter was found by the Lords in
Parliament, not to imply Treaſon, but only Felony. Add to this another
Caſe in the 23 H. 8. where one was charged for Subverting the Engliſh)
Laivs, and yet no Treaſon charged upon him. Add to both theſe the caſe of
Richard Lárkes pleaded at the Common-Pleas, who was charged with Treau
ſon for ſubverting the Law, but conviếted only of Felony. By which you may
ſee, my Lords; what to this time hath been the Judgment of ſubverting the
Lawes.
Thirdly, It is very conſiderable
, That the Lord Strafford is not charged
to have Subverted the Laws , but only to have Intended to ſubvert the
Fundamental Laws: and this I conceive, if there were no more, might keep
him free from that Statute of 25 Ed. 3. for although as touching the Life of
the King, the Queen and Children, Intention is a Treaſonable Alt, yet in all
other things there mentioned, there muſt be Action beſides Intention : For it
is not ſaid, That if a Man doth intend to kill a Chancellor, it ſhall be Trea-
Sor; but only if he doth kill him ; and if he doth Aituaily counterfeit the
Broad Seal: And although a man ſhould prepare a Furnace, make ready his
Stamp, and melt his Bullion ; yet if he gives not the King's Impreſs upon
the coyn, all his intentions, yea his preparations will not ſerve to make
Charge of Treaſon. And this, under favour, may, ſerve to anſwer the Caſe
of Guido Faux, Intely objected, unleſs it be alledged that the Lord Straf-
ford had as real an intention againſt the King's Life as Faux kad: for though
the Intention in that caſe be Treaſon by the Statute, yet in all other things
there is no Treaſon without the Action ; ſo immenſe and vaſt a Difference
both is and ought to be, betwixt a Project againſt the Royal Blood, and all
things elfe of a lower and inferiour Nature.
Tou ſee ther, My Lords, that the body of the Statute cannot ſtrike againſt
the Lord Strafford neither in letter nor conſequence; this is not, that
'muſt not be. All that can be ſaid is, That yet his Fait may be Treaſon by
the Common Law; For my part, I profeſs my Ignorance, who ever ihought
the Common Law might declare but never make a Treaſon; that is, it muſt
be preſuppoſed that there is a Statute whereupon to build the Declaration, and
therefore to ſay that there is no Statute for it, is to ſay it is no Treaſon at
all. The Statute ever makes the Treaſon; and to be declared to be Trea-
Son either by Common Law, or by Parliament, are but two different ways of
proceeding, and must both reſolve into one Principle : nay, and which comes
home to the point, in the 21 Ed.3.to kill a man imployed in the King's War,
w.is Treaſon; and 23. to kill the King's Meſſenger was Treaſon by Declara-
tion of the Common Law, but alwayes by reaſon of the Statute ; yet none of
theſe are now Treaſon, but Felony only by reaſon of the intervening Statuté
of 2 5 Ed. 3. Such bath ever been thought the force of its Letter and Decla-
ration.
And so I leave it, and will speak a word or two of the Salvo, ivhich is;
That becauſe all Particulars could not be then determined, therefore what
the King and his Parliament ſhould declare to be Treaſonable in tiine to
coine, ſhould be puniſhed as Treaſon. And dccording to this Reſervation,
in the 8 Rić. 2. one M-tas charged before the Kings-Bench and after:
wards referred to the Parliament, and there though the Fact was not cona
Vol. II.
X 2
tained!
1
1
.
1
I
--
Ed.3.
156 An Impartial Colle&tion of all the memorable Events
I 64 1.
t ained in the Body of the Statute.yer becauſe of the Proviſo it was adjudged
Treaſon.
In the 11th Year of the ſame King, the Duke of Ireland, and Nevil Arch-
biſhop of York were impeached of High Treaſon by Gloceſter, Arrundel and
Warwick, and, notwithſtanding the Statute, were convicted thereof by the
Salvo. But in the 21 of the Jame Rich. 2. the Tide turned, and the King
had ſuch a hand with the Parliament, that the Sentence was recelled, and
thojė three Noblemen themſelves were adjudged Traytors.
Again, in the Firſt Tear of
, H. 4. bis Succeſor, that Revocation of the
21 Rich. 2. was repealed, and the Sentence of the IIth of his Reign Re-
eſtabliſhed ; ſuch were the Toſlings to and fro of Treaſon; and all becauſe of
that uncertain Proviſo. Therefore it was, that in the ſame Parliament,
i H. 4. a Petition was preferred by the Nobility, to have Treaſon limited
within Some Statute, becauſe they knew not either what to speak, or what to
do for fear thereof : And in Chap. 10. an A£t was made upon this petition,
That that Salvo ſhould be bolden Repealed in all time to come, and nothing
Eſteemed Treaſon, but what was literally contained in the Statute 25
And then it is ſaid in the Record, that there was great foy at the making
of this Act, in that the drawn Sword hanging over every man's head by this
ſlender thread of a Conſequence or Illation, was removed by that Act. Add
to this, that i Mariæ, c. 1. the ſame is repeated, that No man ſhall be
puniſlied' in Life or Eſtate as a Traitor, but for the Crimes contained in
the Statute 25 Ed. 3. without the leaſt mention of the pretended Salvo.
The Earl of Northumberland's Caſe comes nigh to the point; he was
charged with Treaſon, 5 H. 4. and if the Statute of 1 H. 4. c. 10. whereby.
the Proviſo is repealed, had not intervened, no doubt he had been condemned
of Treaſon; but he was convict of Felony, and that becauſe he could not be
drawn within the Letter of that Statuté 25 Ed. 3. and I dare confidently ſay
it, That ſince that Alt made 1 H: 4. C. IÓ, whereby the Proviſo is repealed,
wo man hath ever been declared a Traitor, either by the King or Parliament,
except it were upon that or ſome other Statute litterally and declaratively ta-
ken. Theſe two things I do offer to your Lordſhips Conſideration, that the
Lord Strafford cannot be Impeached of Treaſon by the Statute of 25 Ed. 3.
and that the Salvo contained in the jame, ſtands repealed almoſt 200 Years
ago. And this is all I conceive to be neceſſary for that Statute which was
alledged by the Lord Strafford in his Defence for matter of Law.
Then the Recorder Mr. Gardener ſpoke ſomething to this purpoſe,
That what was ſpoken upon that Statute, was becauſe it ſeemed inſeparable
from the matter of Fact ; That they could proceed no further till a ſtate were
afforded to them; That to do otherwiſe, they conceived might be Exceeding
prejudicial to the Earl of Strafford; 1; In regard that they ſhould ſuppoje
that to be done, which is not proved to be fo. 2. That the matter of Law
arifetlı ſo naturally from the matter of fact
, that it will be impoſſible to ſepa-
rate them one from the other. 3. That it is the courſe of all" Fudicatures
firſt to ſettle the Verdiet, and upon that to fix the Arguments ; otherwiſe be
could conceive no poſſible Way of Proceeding : and therefore in the Lord
Strafford's name he moſt humbly intreated their Lordſhips either wholly' to
determine the matter of fact, not whether Treaſon or not, for then all after-
Proceedings in Law were unneceſary; but whether done or not done; or elſe
to give them ſome ſtates of the Ou:ſtion whereunto they might conforin them
Jelves. Whereupon the Court adjourned.
1
ܪ
But
1
.
1 641
1
one day and
Commons.
from the Scotch Rebellion to the King's Murther. 15?
But the Commons were reſolved to purſue another Method, and nc-
thing now would do but the Bill of Attainder ; and accordingly upon
Monday,
Monday, April 19, it was Reſolved upon the Queſtion,
April 19.
That the Endeavour of Thomas Earl of Strafford to Subvert the Antient
and Fundamental Laws of the Realm of England and Ireland, and to intro-
duce an Arbitrary and Tyrannical Government againſt Law in Both theſe
Kirgdoms, is Higb Treaſon.
By which Vote, they not only precluded all further Argument as to
matter of Law, but made themſelves Accuſers, Parties and
Judges both
as to Matter of Fact and Law alſo.
Upon Wedneſday, April 21. the Bill of Attainder was twice read in uredneſday,
the Morning with the Amendments
, and ordered to be ingroſſed ; and April 2013
ſo eager were they in the Proſecution, that it was read again in the der of the E.
Afternoon, and the Houſe was divided upon it; the Lord Digby and of Strafford,
Mr. Lloyd tellers for the Teas, Sir Gilbert Gerrard and Sir Thomas Bar- read thrice in
rington tellers for the Noes; with the Noes were 59; with the leas 204. paſſed the
ſo the Bill paſſed the Houſe of Commons being thrice read in one Day,
and Mr. Pým by Order of the Houſe carried it up to the Lords, with a
ſpecial Recommendation to their Lordſhips to give it all Expedition in
regard of the great Importance; acquainting them, That the Commons
would be ready to Juſtifie the Legality of the Bill.
But notwithſtanding the Tide run with that impetuous Violence
againſt this Noble Lord, that to oppoſe it, muſt hazard drowning; and
that doubtleſs Fear carried as many down the ſtream as Judgment; yet
fo great was the Power of his Innocence, and the Force of Truth, that
even the Lord Digby, one who while he thought him Criminal was his
ſevereſt Accuſer; yet diſcerning the unjuſt practices againſt the Earl, he
became his Advocate; though all the advantage he got, was by_gene-
rouſly endeavouring to ſave the Lord Strafford, he loſt his own Eiteem
both in the Houſe of Commons, and among the Faction, and from that
moinent became their declared Enemy, by being a Bold Friend of Truth
and Juſtice. So it happens, while men out of too much Popularity court
or follow a Faction, they kindle a fire, which when they would quenchi,
they periſh in thoſe Flames, which they help'd to blow
up.
However, this Speech of the Lord Digby's gives a clear light into the
Dark Contrivance, which brought this Great Life to an untimely Period,
and was as followeth.
1
1
Atrainder a
Mr. Sptaker,
WE are now upon the point of giving (as mich as in us lies) the Final Sentence The Lord
unto Death or Life on a great Miniſter of State, and Peer of this Kingdom, Digby's Specchi
Thomas Earl of Strafford, a Name of hatred in the preſent Ajc, by his pralticesat the pering
and fit to be made a Terrour to fulture Ages by his Tuniſhment.
I have had the Honour to be Imployed by the Houſe in this great buſineſs, from the gainſt the
first hour that it was taken into Conſideration; It was matter of great Truft, ( and! Earl of Straße
will ſay with confidence ) that I have ſerved the Houſe in it borb with Indreftry, accord- | ford, ápr. 1:
ing to my ability, and with moſt exact Faithfulneſs and Secrecy.
And as I have hitherto diſcharged my Drury to this House, and to my Comery, in
the Progreſs of this Great Caufen ſo I truft' Mall do r.om in the laſt period of it, ia
God and to a good Conſcience.
I do wifly the peace of that unto my ſelf, and the bleſſings of Almizhiy God to me and
my Pofterity, according as my jud:ment on the life of this man firall lič conſonant with my
heart, and the beſt of my underſtanding in all Integrity.
Il
.
1
1
1.1
I
!
1
1
f
158 An Impartial Collection of all the memorable Events
г 6
I know well Mr. Speaker, that by ſome things I save-ſaid of late, whilft this Bill
41
was in agitation, I have raiſed fonie prejudices upon me in the Cauſe.
Tea fome ( I thank them for their plain dealing
. ) have been ſo frce as to tell me,
that I ſuffered much by the backwardneſs I have Jhewn in this Bill of Attainder of the
Earl of Strafford, againſt whom I had been formerly ſo keen and ſo attive.
Mr. Speaker, I beg of you and the rest but a ſuſpenſion of
, Judgment concerning me,
till I have opened my heart into you fræly and clearly in this buſineſs.
Truly Sir, I am ſtill the ſame in my opinions and Affections, as unto the Earl of
Strafford, 1 confidently believe him the moſt dangerous Miniſter, the moſt infuppor-
table to free Subjects that can be charactered.
I believe his Practices in themſelves have been as High, as 'Tyrannical, as any Sub-
ject ever ventured on, and the malignity, of them are hugely aggravated
thoſe rare
abilities of his, whereof God hath given him the uſe, but the Devil the application (ir
a word) I believe him ſtill that grand Apoſtate to the Common-wealth, who muſt not
expect to be pardoned in this World, till he be diſpatched to the other. And yet let me
tell you 'Mr. Speaker, my hand muſt not be to that diſpatch, I proteft, as my Conſcience
ſtands informed, I had rather it were off.
Let me unfold unto
uinto you the myſtery, Mr. Speaker, I will not divell much upon juſtifying
into you my ſeeming variance at this time from what I was formerly, but by putting you
in mind of the difference between Proſecutors and Fudges.
How miſbecoming that fervour would be in a Fudge, which perhaps was commenda-
ble in a Proſecutor ; Fudges we are now, and muſt put on another Perſonage.
It is honeſt and noble to be earneſt in order to the diſcovery of Truth, but when that
hath been brought as far as it can to light, oltr judgment thereupon ought to be calm and
cautious.
In proſecution upon proba':le Grounds , we are accountable only for our induſtry or re-
mifrefs ; but in juda ment, We are deeply reſponſible to God Almighty, for it's Reti-
tude or Obliquity in caſes of Life, the Judge is God's Steward of the Partie’s blood,and
muſt give a ſtrict account for every drop.
But as I told you, Mr. Speaker, I will not inſiſt long upon the Ground of Difference
in me now, from what I was formerly.
The truth on't is, Sir, the ſame Ground whereupon I ( with
the reſt of the Five, to
whom you firſt committed the Confideration of my Lord Strafford ) brought down our
Opinión, That it was fit be should be Accuſed of Treaſon, upon the ſame Ground I was
engaged with earneſtneſs in his Proſecution, and had the ſame Ground remained in that
force of belief with me, which, till very lately it did, I ſhould not have been ter.der
in bis Condeninat. on. Blit truly, Sir, to deal plainly with yoll, that Ground of Orlr
Accufation, Tbat Spur to our Proſecution, and that which ſhould be the baſis of my
judgment, of the Earl of Strafford, as unco Treaſon, is to my underſtanding quite
vaniſht away.
This it was, Mr. Speaker,
His adviſing the King to employ the Army of Ireland, to reduce England.
This I was, aſſured would be proved; before I gave my conſent to his Accuſation. I
was confirmed in the ſame belief, during the Proſecution, and fortified in it moſt of
all lince Sir Henry Vane's preparatory
, Examination, by the affurances which that
morthy Alember, Mr. Pyni gave me,that his Teftimony would be made convincing, by
Some Notes of what paſſed at that Junto concurrent with it, which I ever underſtand-
ing to be of ſome other Councellor, you fee now, prove but a Copy of the ſame Secreta-
ries Notes, diſcovered and produc'd in the manner you have heard, and thoſe ſuch dis-
joynted Fragments of the Venomous part of Diſcourſes, no Reſults, no Concluſions of
Counſels, which are the only things that ſecretaries ſhould Register, there being no uſe
at all of the other, but to Accufe and to bring men into danger.
But, Sir, this is not that which overthrows the Evidence with me, concerning the
Army of Ireland ; nor yet, that all the rest of the Junto, upon their Oaths, remember
But this, Sir, which I ſhall tell youl, is that which works with me, under favour, to
en uiter overthroir of his Evidence, as unto that of the Army of Ireland ; before,
mrhilft I was a Proficutor, and under tye of Secrecy, I might not diſcover
diſcover any weakneſs
of the Cauſe, mhiih now as a Judge I muſt.
was examined thriccupon Oath, at the preparatory Committee.
nothing of it.
1
4
Mr. Secretary
The
1
from the Scotch Rebellion to the King's Murtber.
159
1 641.
U
1
The first time he was queſtioned to all the Iterrogatories, and to that part of the Se-
venth, which concerns the Army of Ireland: He ſaid poſitively in theſe words, I can-
not Charge him with that. But for the rest, he deſires time to recollcet himſelf,
which was granted him.
Some days after he was Examined a ſecond time, and then depoſes theſe words, con-
cerning the King's being Abſolved from Rules of Government, and ſo forth, very clear-
ly. But being preſt to that part, concerning the Iriſh Army, He ſaid again, I can ſay
nothing to that.
Here we thought we had done with him, till divers weeks after, my Lord of Nor-
thumberland, and all others of the Junto, denying to have heard any thing concerning
thoſe words, Of reducing England by the Iriſh Army. It was thought.fit to Examine
the Secretary once more, and then he depoſes theſe words to have been ſaid by the Earl of
Strafford to His Majeſty, You have an Army in Ireland, which you may employ
here, to reduce ( or ſome word to that ſence.) this Kingdom.
Mr. Speaker, theſe are the Circunstances which, I confeſs with my Conſcience,
thrust quite out of doors that Grand Article of our Charge, concerning his deſperate
Advice to the King, of employing the Iriſh Army here.
Let not this, I beſeech you, be driven to an Aſperſion upon Mr. Secretary, as if he
should bave Sworn otherwiſe than he knew or believed; he is too worthy to do that ; only
let thus much be inferred from it, that be, who twice upon Oath, with time of Recol-
lection, could not remember any thing of ſuch a buſineſs, might mell a third time miſ-re-
member ſomewhat in this buſineſs, the difference of one Letter, bere fer there, or that
for this, quite alters the caſe, the latter alſo being more probable, ſince it is confeſt of
all hands, that the Debate then was concerning a War with Scotland; and you may re-
member, that at the Bar be once ſaid, To employ there. And thus, Mr. Speaker, I
have faithfully given yon an accouine what it is that hath blunted the edge of the Hatchet
or Bill with me towards my Lord of Strafford.
This was that whereupon 1 Accuſed him with a free heart, Proſecuted him with tar-
neſtneſs, and had it, tu my understanding, been proved, should have condemned him
with Innocence. Whereas now I cannot ſatisfie my Conſcience to do it.
I profoſs, I can have no notion of any bodies intent' to ſubvert the Laws Treaſona-
bly, or by force, and this deſign of Force not appearing, all his other wicked practiſes
cannot amount ſo high with me.
I can find a more eaſie and more natural Spring, from whence to derive all his other
Crimes, than from an intent to bring in Tyranny,and to make his own Poſterity,as well as
Us, Slaves; ás from Revenge, from Pride, from Avarice, from Paſſion, and Info-
lence of Nature.
But had this of the Iriſh Army been proved, it would have diffuſed a Complexion of
Treaſon over all, it would have been a Withe, indeed, to bind all thoſe other ſcattered
and lefſer branches, as it were, into a Faggot of Treaſon.
I do not ſay but the reſt may repreſent him a man as worthy to dye, but perhaps mor-
thier than many a Traytor. I do not ſay, but they may juſtly direct Vs to Enact, That
they ſhall be Treaſon for the future.
But God keep me from giving Judgment of Death on any man, and of Ruine to his
innocent Posterity, upon a Law made a Poſteriori.
Let the Mark be ſet on the door where the Plague is, and then let him that wil.
enter dye.
I know, Mr. Speaker, there is in Parliament a double Power of Life and Death
by Bill, a Judicial Power, and a Legiſlative; the meaſure of the one, is what's le-
gally juſt; of the other, what is Prudentially and Politickly fit for the good and preſer-
Vation of the whole. But theſe two, under favour, are not to be confounded in Judg-
ment: We muſt not piece up want of legality with matter of convcnicncc, not the de-
failance of prudential fitneſs with a pretence of
, legal Justice.
To Condemn my Lord of Strafford Judicially, as for Treaſon, my Conſcience is not
aſured that the matter will bear it.
And I do it by the Legiſlative Pomer, my reaſon conſultively cannot agree to that, ſince
I am perſwaded, neither the Lords nor the King will paſs the Bill
, and conſequently
shat Our paſſing it will be a Cauſe of great diviſions and Combuſtions in the State
.
And therefore my humble advice is
, That laying aſide this Bill of Attainder, We
may think of another, Saving only Life, fiech as may ſecure the State from my Lord
lof Strafford, without endangering it, as much by Diviſion cuncerning his Punijlament,
as he hath endangered it by his practices.
If
1
+
T
.
AL
4
1
1
1
T
.
1
1
I 6 4 I.
160 An Impartial Collection of all the memorable Events
If this may not be hearkened unto, Let me conclude, in ſaying that unto you all, which
I have throughly inculcared to mine own Conſcience upon this occaſion, Let every man
lay his
hand upon his Heart, and ſadly conſider what We are going to do, with a Breath,
either Justice or Murther ; Juſtice on the one ſide, or Murther heightned and argrava-
ted to its fupreameſt extent. For as the Caſuiſts ſay, That be mho lies with his Siſter
commits Incest, but be that marries his Siſter fins bigher, by applying God's Ordinance
to his Crime : So doubtleſs he that commits Murther with the Sword of Justice, height-
ens that Crime to the utmoſt.
The danger being ſo great, and the Caſe ſo doubtful, that I ſee the best Lawyers in
diametral oppoſition concerning it : Let every man wipe his Heart, as he does his Eyes,
when he would Judge of a nice and ſubtile Object
. The Eye if it be pretinęted with
any
colour, is vitiated in its diſcerning. Let us take heed of a blood-shorten Eye in Judg-
Ļct every man purge his Heart clear of all paſſions
, I know this great and wife,
Body-politick can have none, but I ſpeak to individuals, from the weakneſs mhich I find
in my ſelf ; ) away with perſonal Animoſiites ; away with all flatteries to the
people, in being the ſharper againſt him, becauſe he is odious to them z. away
mill all
fears, left by the ſparing his blood they may be incens’d; away with all ſuch Conſidera-
tions, as that it is not fit for a Parliament, that one Acenled by it of Treaſon, fiould
eſcape with Life.
Let not former Vehemence of any againſt him, nor fear from thence, that he cannot
be ſafe while that man lives, be an ingredient in the Sentence of any one of
Of all theſe Corruptives of Fudgment, Mr. Speaker, I do before God diſcharge my
ſelf to the uttermost of my Power.
And do with a clear Conſcience waſh my hands of this mans blood,
by this ſolemn Pro-
testation, That my Vote goes not to the taking of the Earl of Strafford's Life.
ment.
1
Vs.
Exceptions were taken at this Speech upon Friday following, and the
Lord Digby Explained himſelf; but for the preſent there was nothing
done in it ; though afterwards the ſleeping Revenge rouſed it ſelf to
ſome purpoſe ; for upon the 15th of July, to do him all the infamy they
could, this Speech was by Order of the Houſe burnt by the hand of
the Common Hangman in Smithfield , Palace Tard, and in the Royal
Exchange.
The Lords made no great haft in diſpatching the Bill of Attainder,and
therefore the Faction fell upon other Methods of quickening them ; one
of which was a Petition from many Thouſands of the City, which was
upon Saturday preſented by them to both Houſes, thereby to make it
appear the Defire of the City; and, to ſpeak truth, they had ſtrangely
Exaſperated the City againſt him, as will appear by the Petition which
follows.
Saturday,
April 24.
1
To the moſt Honourable Aſſembly of the Lords
and Commons in this preſent Parliament.
The humble Petition of divers Citizens of London
1
The firſt Peri.
tion of the
a-
SHE WETH,
Hat notwithſtanding His Majesties Gracious Anſwer, to the humble Petition of
in
gainlt the Earl'deavoured pains taken by both Honfes, for the removing the heavy Grievances in Church
of Strafford,
and Common-mealth ; Irhereof the Petitioners have already received ſome Fruit, for
April 24. arhich they deſire to return their moſt humble and uit 1057 Thanks ; yet nevertheleſs they
are enforced, with all Humility, to repreſent to this mioff Honourable Aſſembly, ſome of
those
1
H
1
***
161
1.641.
012;
from the Scotch Rebellion to the King's Murther.
thoſe Obſtructions which doſtill hinder that freedom and fulneſs of Trade in this City
they have formerly had, and, which conſidering the numerous multitude thereupon de-
pending, they conceive it not able comfortably to fubfift.
As the unfetled Condition of the Kingdom, even ſince the Troubles in Scotland,
hath cauſed both Strangers, and alſo ſome of our own, who did furniſly great ſums of
money to uſe, to call it in, and remit much of it by Exchange into Forraign Párts, and
ſtand now in expectation of what the iſſue of things may be.
The ſtopping Money in the Mint, which till then was accounted the ſafeſt place,
and forest Staple in theſe parts of the World,, ſtill doth hinder the Importation of Bulli-
the Scots now diſabled to pay ſuch Debts as they owe to the Petitioners, and o-
thers in the City, and by reaſon of the Oppreſſions exerciſed in Ireland, their Debts.
alſo are detained there.
The Engliſh-Trade, by reaſon of our general Diſtractions and Fears, is ſo much de-
cayed, that Country Trades-men cannot pay their Debts in London as formerly.
The great Sums of Money unduly taken by His Majeſties. Officers and Farmers, for.
Impofitions upon Merchandize Exported and imported, and the want of Relief in Courts
of Juſtice againſt them.
The drawing out from the City great Sums of Money ( which is the Life and Spirit
of Trade ) fór His Majeſties Service in the North, and being there employed, is not
yet returned.
Beſides all which, from what ſtrong and ſecret Oppoſition the Petitioners krom not ;
they have not received what ſo much time and pains might give and cauſe to bope, but
Still Incendiaries of the Kingdoms, and other Notorious Offenders, remain unpuniſhed:
The Affairs of the Church, norwithſtanding many Petitions concerning it, and long De-
bate abunt it, remains unſetled; the Papiſts ſtill Ármed, the Latvs againſt them not
Executed, ſome of the most Aćtive of them ſtill at Court, Priests and Jefuits not yet
Baniſhed, the Iriſh Popiſh-Army not yet Disbanded, Courts of Justice not yet refornia
ed, and the Earl of Strafford, who as now appears, hath Counſelled the Plundring of
this City, and putting it to Fine and Ranſom, and ſaid, It would never be well, till
ſome of the Aldermen were hang’d up, becauſe they would not yield to Illegal Levies
of Monies, had ſo drawn out and ſpent this time in his buſineſs to the very great Charge
of the whole Kingdom, and his endeavour to obtain yet more, all which makes us fear
there may be practices not in hand to hinder the Birth of your great endeavours, and
that we lie under ſome more dangerous Plot than we can diſcover.
All which Premiſſes, with their Fears and Distractions, growing there-from, and
from things of the like nature; the Petitioners humbly offer to the moſt grave Confidera-
tion of this moſt Honourable Aſſembly, as being the true Cauſes of decay of Trade, diſ-
couragement of Trades-men, and of the great
ſcarcity of Monies, with the Conſequen-
ces they labour under.
And do humbly pray, That their fad Grievances may be Redreſſed, the Cauſes of
their Fears removed, Íuſtice executed upon the ſaid Earl, and other Incendiaries and
Offenders, therather, in regard till then the Petitioners humbly conceive neither Reli-
gion, nor their Lives, Liberties, or Eſtates can be ſecured.
Ardas in Duty bound, they ſhall ever pray, &c.
1
But all they could do notwithſtanding the frequent Conferences and
Debates, the Lords reſolved to hear what the Councel would firſt ſay
upon the Legality of the Bill; upon which this Meſſage was ſent to the
Commons by Judge Foſter and Fudge Heath, That their Lordſhips will
be ready to meet at a Conference by a Committee of both Houſes at Nine of
the Clock upon Thurſday Morning in Weſtminſter-Hall, there to hear this
Houſe according to their own Offers when they brought up the Bill of At-
tainder of the Earl of Strafford.
Mr. Hide was this Day fent up to the Lords, to acquaint them with
the Fears they have that the Earl of Strafford may deſign to Eſcape;
That
he hath Ships at Sea at Command, and the Guards weak, and to delire he
may be made a cloſe Priſoner, and the Guards ſtrengthened.
zvidneſday:
April 28.
+
To
2
VOL. II.
Y
?
1
7
162
?
164
1 6 4.1.
1
An impartial Colle&tion of all the memorable Events
To which the Lords anſwered, They would take it into Examinati011;
and give Directions accordingly.
Upon Thurſday the Houſes being met at the Hall, the King, Prince
and Queen being preſent, Mr. St. Johns, to whom that Province was
conſigned by the Commons, made his Argument of the Legallity of the
Bill of Attainder as followeth.
Tharſday,
April 29.
4
11
;
1
My Lords,
Matr.St. John's T Parliament, have paflied a Bill, for the Attainting of Thomas Earl of
HE Knights, Citizens, and Burgeſſes of the Commons Houſe of
Law, for par Strafford of High-Treaſon. The Bill hath been tranſmitted from them to your
fing the Blli Lordſhips; it concerns not him alone, but your Lordſhips and the Commons
of Atrainder,
April 29.
too, though in different reſpects.
It concerns his Lordſhip the higheſt that can be in the Penal Part; ſo it doth,
on the other ſide, as highly concern your Lordſhips and the Commons, in that
which ought to be the tend'reſt, the Judicatory within that, that Judge not
them who Judge him, and in that which is moſt Sacred amongſt Men, the Pub-
lick Juſtice of the Kingdom.
The King is to be accounted unto, for the loſs of the meaneſt Member,
much more of one fo near the Head.
The Commons are concerned in their Account for what is done, your Lord-
hips in that which is to be done.
The buſineſs therefore of the preſent Conference, is 'to acquaint
your
Lord-
ſhips with thoſe things, that fatisfy'd the Commons in Palling of this Bill
fuch of them as have come within my capacity, and, that I can remember,
am Commanded from the Commons at this time, to preſent unto your Lord-
ſhips.
My Lords, in Judgment of greateſt Moment, there are but two wayes for
fatisfying thoſe, that are to give them; either the Lex lata, the Law already
eſtabliſhed, or elſe the uſe of the ſame Power for making new Laws, whereby
the old at firſt received life.
In the firſt conſideration of the ſetled Laws, in the degrees of Puniſhment,
the
Poſitive Law, received by General Conſent, and for the Common Good, is
ſufficient, to ſatisfie the Conſcience of the Judge, in giving Judgment accord-
ing to them.
In ſeveral Countries, there is not the fame meaſure of Punilliment, for one-
and the fame Offence; Wilful Murder in Ireland it is Treaſon, and ſo is tlie
wilful Burning of a Houſe, or a Stack of Corn: In the Iſle of Man it is Felo-
ny to Steal a Hen, but not to Steal a Horſe, and yet the Judge in Ireland, hath
as juſt a Ground to give Fudgment of High-Treaſon in thoſe Caſes there, as
here to give Judgment only of Felony,' and in the Iſle of Man of Felony for the
Hen, as here for Petty-Larceny.
My Lords, in the other Conſideration of uſing the Supream Power, the ſame
Law gives Power to the Parliament to make new Laws, that enables the inferi-
our Court, to Judge according to the old. The Rules that guides the Conſci-
ence of the inferiour Court is from without, the Preſcripts of the Parliament,
and of the Common-Law ; in the other, the Rule is from withiin, that Salus
Populi be concerned that there be no wilful oppreſſion of any of the Fellow-Mem-
bers, that no more Blood be taken than what is neceſſary for the Cure; the Laws
and Cuſtomes of the Realm as well enable the Exerciſe of this, as of the Ordi-
nary-and Judicial Power,
My Lords, What hath been ſaid, is, becauſe that this proceeding of the
Conmons by way of Bill; implies the uſe of the meer Legiſlative Power, in
reſpect new Laws are for the moſt part paſt by Bill.
This, My Lords, though juſt and legal, and therefore not wholly excluded
3
yet it was not the only ground that put
the Commons upon the Bill, they did not
intend to make a new Treaſon, and to condemn my Lord of Strafford" for it;
they had in it other conſiderations likewiſe, which were to this effect.
)
.
Firſt
1
1
from the Scotch Rebellion to the King's Murtber.
163
។
I 641.
Firſt, The Commons knew, that in all former Ages, if doubts of Law aroſe
of great and general concernments, the Parliament was uſually conſulted withal
for reſolution, which is the reaſon that many Acts of Parliament are only De-
clarative of the Old Law, not Introductive of a New, as the great Charter of
our Liberties; The Statute of Five and Twentieth year of Edward the Third
of Treaſons; The Statute of the Prerogative, and of late the Petition of
Right; if the Law were doubtful in this Cafe, they perceived the Parliament
where the old way is altered, and new Laws made) the fitteſt Judge to clear
this Doubt.
1
1
1
Secondly, My Lords, they proceeded this way, to obviate thoſe Scruples and
Delayes, which through
diſuſe of proceedings of this nature, might have riſen
in the manner and way of proceedings, ſince the Statute of the Firſt of Hen. 4.
Cap. 17. and more fully in the Roll, number 144. The proceedings of Parlia-
ment have uſually been upon an Indictment firſt found, though in Caſes of Trea-
ſon particularly mentioned in the Statute of 25 Edm. 3. which had not been
done in this café; doubts likewiſe might riſe, for Treafons, not particularly
mentioned in the Statute of 25 Edw. 3. whether the Declaratory Power of Par-
liament be taken away, in what manner they were to be made, and by whom,
they find not any Attainders of Treaſon in Parliament, for near this 200 years,
but by this way of Bill; and again, they know that whatſoever could be done
any other way, it might be done by this.
Thirdly, In reſpect of the Proofs and Depoſitions, that have been made againſt
him; for Firſt, although they knew not, but that the whole Evidence which
hath been given at the Bar, in every part of it, is ſufficiently comprehended
within the Charge, yet if therein they ſhould be miſtaken, if it ſhould prove
otherwiſe, uſe may juſtly be made of ſuch Evidence in this way of Bill, where-
in ſo as Evidence be given in, it's no way requiſite that there ſhould have been
any
Articles or Charge at all ; and ſo in the caſe of double Teſtimony upon the
Statute of the i Edw, 6. whether one direct Witneſs with others, to circum-
ſtances, had been ſingle or double Teſtimony? And although ſingle Teſtimony
might be ſufficient to ſatisfie private Conſciences, yet how far it would have
been fatisfactory in a judicial way, ( where forms of Law are more to be ſtood
upon ) was not ſo clear; whereas in their way of Bill
, private ſatisfaction to
each man's Conſcience is ſufficient, although no Evidence had been given in at
all.
My Lords, The proceeding by way of Bill, it was not to decline your Lord-
fhips Juſtice in the judicial way, in theſe exigends of the State and Kingdom;
it was to Husband time, by filencing thoſe doubts, they conceived it the ſpeedi-
eſt and ſureſt way.
My Lords, theſe are in effect, the things the Commons took into their
Conſideration, in reſpect of the manner and way of Proceeding againſt the
Earl.
In the next place I am to declare unto your Lordſhips, the things they took
into their conſiderations, in reſpect of the Matter and Merits of the Caufe,
and they are comprehended within theſe fix heads.
1. That there is a Treaſon within the Statute of 25 of Edm. II I. by. Levying
of War upon the Matter of the 15th Article.
2. If not by actual levying of War, yet by adviſing, and declaring his inten-
tion of War, and that by Savil's Warrant, and advice of bringing over the
Iriſh Army upon the Matter in the 23d Article; then intending of a War ,
if not within the clauſe of levying of a War, in the Statute of 25th Edw. 3.
yet within the firſt Treaſon, of compalling the death of the King.
3. If either of theſe two ſingle Acts, is within the Statute of 25th Edw. 3.
yet upon putting all together, which hath been proved againſt him, that there
is a Treaton within the firſt Clauſe, of Compaſſing the death of the King.
+
170
T
Etfi non Proſunt ſingula junta juvant.
Vol. II.
Y 2
4. That
1
5
1
1
1
L!
f
i
1
7.
164
An Impartial Collection of all the memorable Events
1 641
uc
.
1
HT
.
1
4. That he hath Seſſed, and laid Soldiers upon the Subjećts of Ireland, againſt
their Will, and at their Charge, within the Iriſh Statute of the 18th year of
Hen. 6th. that both Perſon and thing are within the Statutc; That the Statute
remains in force to this day, that the parliament here hath cognizance of it,
and that even in the ordinary way of Judicature, that if there be a Treaſon and
a Traitor, that the want of Juriſdiction, in the judicial way, may juſtly be ſup:
plied by Bill.
5. That his endeavouring to ſubvert the Fundamental Laws and Government
of the Realms of England and Ireland; and inſtead thereof, to introduce a Ty-
rannical Government againſt Law, is Treaſon by the Common-Law; That
Treaſons at the Common-Law are not taken away by the Statute' of 25th Edw.
3, i Hen..4th. &c. nor any of them.
6. That as this caſe ſtands, it's juſt and neceſſary to reſort to the Supream
Power in Parliament, in caſe all the reſt ſhould fail.
Of theſe fix, five of them are Treaſon, within the compaſs of the Laws al-
ready eſtabliſhed, Three within the Statute of 25th Edm. 3. and one within the
Iriſla Statute, the other by the Common-Law of England.
If but any one of theſe Six Conſiderations hold, the Commons conceive,
that upon the whole matter, they had good cauſe to paſs the Bill.
My Lords, For the firſt, of Levying War, I ſhall make bold to read the caſe
to your Lordſhips before I ſpeak to it, It's thus. The Earl did by Warrant un-
der his
Hand and Seal, give Authority to Robert Savil, a Sergeant at Arms, and
his Deputies, to Seſs ſuch numbers of Soldiers, Horſe and Foot, of the Army in
Ireland, together with an Officer, as the Sergeant ſhould think fit, upon His Ma-
jeſties Subjects of Ireland, againſt their Will; this Warrant was granted by the
Earl to the end, to compel the Subjects of Ireland to ſubmit to the unlawful Sum-
mons and Orders made by the Earl upon Paper Petitions, exhibited to him in
caſe of private intereſt between party and party; this
Warrant was executed by
Savil and his Deputies, by Seſſing of Soldiers, both Horſe and Foot, upon di-
vers of the Subječts of Ireland againſt their Wills, in Warlike manner, and at
divers times the Soldiers continued upon the parties, upon whom they were ſef-
ſed, and waſted their Goods, until ſuch time as they had ſubmitted themſelves,
unto thoſe Summons and Orders.
My Lords, This is a Levying War within the Statute of 25th Edm. 3. The
words of the Statute are, If any man do Levy War againſt our Lord the King in His
Realm, this is declared Treaſon.
I ſhall endeavour in this to make clear to your Lordſhips,
1. What ſhall be Levying of War, in reſpect of the motive or cauſe of
it.
Pro What ſhall be ſaid a. Levying of War, in reſpect of the action or thing
done.
3. And in the third place, I ſhall apply them to the preſent caſe.
It will be granted in this Levying of War, that Forces may be raiſed, and
likewiſe uſed in Warlike manner, and yet no Levying of War within the Statute,
that is, when the Forces are raiſed and employed upon private ends, either of
Before the Statute in Edm. the i time, the Title of a Caſtle was in difference
between the Earls of Hereford and Gloucester, for the maintaining of the poſtelli-
on on the one ſide, and gaining of it on the other; Forces were raiſed on ei-
ther ſide of many hundred Men;. they marched with Banners diſplayed, one
againſt another. In the Parliament, in the 20th of Edward 1. this was ad-
judged only Treſpaſs, and either of the Earls Fined 1000 Marks apiece.
After the Statute in Hillary. Term, in the 15th year of Edm. the 3. in the
King's-Bench Rot.; 2. Nicholas Huntercome in Warlike manner with 40 men,
arned amongſt gther weapons, with Guns. ( fo ancient, as appears by that Re-
cord, they were.) did much ſpoil in the Mannor of the Abby of Dorcheſter,
in the County of Oxford, this was accounted no: Treaſon, and ſo it hath been
held by the Judges, That if one or more Town-ſhip, upon pretence of ſaving
their Commons, do in a forcible and Warlike manner throw in inclofers, this is
only a Riot, no Treaſon.
1. The
revenge or intereſt.
1
P
.
14
..
4
1
4
1
+
1
***
+
|
1
Servitude; to burn all the Records, to kill the Judges : This in a
from the Scotch Rebellion to the King's Murther.
165
The words of the Statute 25 Edw. 3. clear this point, that if any man ride 1641.
Armed openly or ſecretly with men at Arms, againſt any other, to kill and rob,
or to detain him until he hath made Fine and Ranſome for his deliverance, this
is declared not to be Treaſon, but Felony' or Treſpaſs, as the Cafe Mall require:
all the printed Statutes which have it covertly or ſecret, are miſprinted, for the
words in the Parliament Roll, as appears in the 17th. are, Diſcovertment ok Sc-
cretement, Open or Secretly.
So that my Lords, in this of Levying War, the Act is not ſo much to be con-Object.
ſidered, but as in all other Treaſons and Felonies, quo animo, with what intent
and purpoſe ?
My Lords, If the end be conſiderable in Levying War, it may be ſaid that it
cannot be a War, unleſs againſt the King, for the words of the Statute are,
If any man Levy War againſt the King.
That theſe words extend further than to the perſon of the King, appears by
the words of the Statute, which in the beginning declares it to be Treaſonto
Anfi.
compaſs and imagine the death of the King, and after other Treaſons, this is
to be declared to be Treaſon, to Levy War againſt the King; If Levying of
War, extend no further than to the perſon of the King, theſe words of the Sta-
tute are to no purpoſe, for then the firſt Treaſon of compaſſing the King's
death, had fully included it before, becauſe that he which Levies War againſt
the Perſon of the King, doth neceſſarily compaſs his death.
It's a War againſt the King, when intended for alteration of the Laws or
Government in any part of them, or to deſtroy any of the great Officers of the
Kingdom. This is a Lévying War againſt the King.
1. Becauſe the King doth .protect and maintain the Laws in every part of
them, and the great Officers, to whoſe care, he hath in his own ſtead, delega-
ted the execution of them.
2. Becauſe they are the King's Laws, he is the Fountain from whence in their
ſeveral Channels, they are derived to the Subject : all our Indictments run thus,
Treſpaſſes laid to be done, Contra pacem Domini Regis, the King's Peace for ex-
orbitant offences, though not intended againſt the King's Perſon, againſt the
King, His Crown and Dignity.
My Lords, this conſtruction is made good, by divers Authorities of great
weight, ever ſince the Statute of 25th of Edw. 3. downwards.
In Richard the 2d time, Sir Thomas Talbot conſpired the death of the Dukes of
Glouceſter and Lancaſter, and ſome other of the Peers; for the effecting of it,
he had cauſed ſeveral People in the County of Cheſter, tó be Armed in Warlike
manner in Aſſemblies in the Parliament, held in the 177h year of R. 2. No
20. Sir Thomas Talbor being Accuſed of High-Treaſon for this? It's theré de-
clared, inſomuch as one of them was Lord High Steward of England, and the
other High Conſtable, that this was done in deſtruction of the Eſtates of the
Realm, and of the Laws of the Kingdom, and therefore adjudged Treaſon,
and the Judgment ſent down into the King's Bench, as appears, Eafter Term,
in the 17th year of R. 2. in the King's-Bench Rot. 16th. Theſe two Lords had
appeared in the 11th of R. 2. in maintainance of the Act of Parliament made
in the year before, one of them was of the Commiſſioners appointed by Parlia-
ment, and one of the Appealors of thoſe who would have overthrown
it.
The Duke of Lancaster likewiſe was one of the Lords, that was to have been
Indicted of Treaſon, for endeavouring the maintenance of it ; and therefore
conſpiring of their deaths, is ſaid to be in deſtruction of their Lawsy> This
there is declared to be Treaſon, that concerned the Perſon of the King and
Common-wealth..
In that great inſurrection of the Villains and meaner People, in Richard the 11.
time, they
took an Oatlı, Quod Regi & Communibus fidelitatem ſervarent, to be
true to the King and Commons, and that they would take nothing but what
they paid for., puniſhed all theft with death ; here's no Incendment againſt the
Perſon of the King; The intent was, to eſtabliſh the Laws. of Villanage and
clië Parliament
of the sth year of R. 2. No 31, 32. the Firſt Part; is declared to be Trea-
ſon againſt the King, and againſt the Law.
In
:
1
1
1
1
)
+
166 An Impartial Collection of all the memorable Events
I 64 1.
In the nith year of R. 2. in Parliament, the raiſing of Forces againſt the
Commiſſioners, appointed by Act of Parliament the year before', adjudged
Treaſon by the Judges.
The Statute imo Mary Cap. 12. Enacts, That if 12 or more ſhall endeavour
by force, to alter any of the Laws or Statutes of the Kingdom, he ſhall from
lúch a time there limited, be adjudged only as a Felon. This Act was to conti-
nue but to the next Parliament, it is expired, it ſhews by the words only, that
the offence was higher before the making it.
My Lords, In Queen Elizabeths time, Grant and divers Apprentices of Lon-
don, to the number of 200. roſe, and aſſembled at Tower-hill
, carried a Cloak
upon a Pole inſtead of a Banner, their intent was to deliver divers Apprentices
out of Priſon, that had been committed upon a Sentence in the Star-Chamber
for Riots, to kill the Lord Major of London, and for ſetting prizes on Victu-
als. In Trinity Term, 37 Eliz. divers of the Judges were conſulted withal, and
reſolved, That this was a Levying of War againſt the Queen, being intended
againſt the Government and Officers of the Queen, and therefore Grant and
others were executed as Traytors.
Afterwards, in that Queens time, divers of the County of Oxford conſulted,
to go together from Houſe to Houſe in that County, and thence to London and
other parts, to exeite them to take up Arms, for the throwing in of all inclo-
ſures throughout England. Nothing was done, nor no aſſembly. Yet the
Statute of 13 Eliz. Cap. 1. during the Queens Life, made it Treaſon, to in-
tend, or adviſe to Levy War againſt the Queen.
In Eaſter Term 39 of Eliz. all the Judges of England met about the Caſe, it
was reſolved by them, that this was a War intended againſt the Queen; they
agreed, That if it had been of one Townſhip or more, upon private intereſt,
and claim of right of Common, it had not been Treaſon, but this was to
throw in all Incloſures through the Kingdom, whereunto theſe parties ſhould
pretend no claim. That it was againſt the Law, in regard that the Statute of
Merton gave power of Incloſures in many Caſes : upon this reſolution Bradfaw
and Burton were executed at Ayneſtowhill in Oxfordſhire, the place where they in-
tended the firſt Rendezvous.
So that my Lords, if the end of it be to overthrow any of the Statutes, any
part of the Law and fệtled Government, or any of the great Officers intruſted
with the execution of them, This is a War againſt the King.
My Lords, It will be further conſiderable, what ſhall be accounted a Levying
of War, in reſpect of the Actions and things done, there's a deſign to alter
ſome part of the Laws, and preſent Government, for the effecting thereof,
People be provided of Arms, gathered together into Troops, but afterwards
march not with Banners diſplayed, nor do Bellum percutere, whether the Army
themſelves, and gathering together upon this deſign, be a War ,
ſuch proſecution of the Delign with force as makes it Treaſon within the Sta-
or
tute?
11
Firſt, If this be not a War, in reſpect that it neceſſarily occaſions hoſtile pre-
parations on the other ſide.
F
ܪ
.
.
Secondly, From the words of the Statute, ſhall Levy War, and be thereof
probably Attainted of open Deed, by People of their condition; although
the bare conſpiring be not an open Deed, yet whether the Arming and draw-
ing of men together, be not an open Declaration of War?
In Sir Thomas Talbot's Caſe before cited, in the Seventeenth year of R. II. the
Acts of Force are expreſſed in the Parliament Roll; That he cauſed divers of
the People of the County of Cheſter, to be Armed in a Warlike manner in Allem-
blies, here is no Marching, no Banners diſplayed.
In the Eighth year of Hen. VIII. William Bell and Thomas Lacy in Com. Kanc.
conſpired with Thomas Cheyney, called the Hermet of the Queen of Faries, to
overthrow the Law and Cuſtoms of the Realm; and for the effecting of it,
they with Two hundred more, met together and concluded upon a courſe of
raiſing greater Forces in the County of Kent,and the adjacent Shires : This ad-
judged Treaſon; theſe wereopen Aćts.
My
1
1
1
1
1
167
1 641.
I
vis
1
My Lords, There was an Army in Ireland at that tinie, of Two thouſand
from the Scotch Rebellion to the King's Märtber. .
My Lords, For the application of both theſe, to the caſe in question :
Firſt, In reſpect of the end of it; here was a War againſt the King, it was
to ſubvert the Laws, this being the deſign; for the effecting of it, he alſumed
to his own Perſon an Arbitrary Power over the Lives, Liberties, and Eſtates of
His Majeſties Subjects, and determined Cauſes upon Paper-Petitions, at his own
Will and Pleaſuré; Obedience muſt be forced by the Army, this is declared by
the Warrant.
My Lords, If it be ſaid that the Warrant expreſſeth not any intent of ſub-
verting the Laws; It expreſſeth fully one of the principal means, whereby this
was to be done, that is, obedience to his Arbitrary Orders upon Paper-Petitions 3
This was done in reference to the main deſign.
In the caſes of the Town of Cambridge and Sir William Cogan, they have former-
ly been cited to your Lordſhips upon other occaſions, the things in themſelves
were not Treaſon, they were not a Levying of War.
In that of Cambridge, the Town met together, and in a forcible manner
broke up the Univerſity-Treaſury, and took of it the Records, and Evidences
of the Liberties of the Univerſity over the Town.
In the other, they of Bridgewater marched to the Hoſpital, and compelled
the Maſter of the Hoſpital, to deliver unto them certain Evidences that concern-
ed the Town, and forced him to enter into a Bond of 200 l.
Theſe if done upon theſe private ends alone, had not been a Treaſon, as ap-
pears by the very words of the Statute of 25 Edm. 3. before mentioned, of
marching openly or ſecretly.
But my Lords, theſe of Cambridge and Bridgewater, they were of the conſpi-
racy with the Villains, as appears in the Parliament Roll of the Firſt year
of
Richard the 2d. Number 311. and 32. where the Towns of Cambridge and Bridge
water, are exprefly, excepted out of the general Pardon made to the Villains ;
this being done in reference to that deſign of the Villains, of altering the Laws j
this was that which made it Treaſon.
If the deſign went no further, than the enforcing Obedience to theſe Paper-
Orders made
by himſelf, it was ſufficient it was to ſubvert onc fundamental part
of the Law; nay, in effect the whole Law; what uſe of Law, if he might order
and determine of Mens Eſtates at his own pleaſure? This was againſt the
Law notoriouſly declared in Ireland.
In the cloſe Roll in the Tower, in the 25th year of Edward the 1. a Writ
went to the Juſtices in Ireland ( that Kingdom at that time was governed by Ju-
ſtices ) declaring, That upon Petitions they were not to determine any Titles
between party and party, upon any pretence of profit whatſoever to the
In the Eight and twentieth year of Hen. the 6th. Chap. 2. Suits in Equity not
before the Deputy, but in Chancery; Suits at Common-Law, not before him,
but in caſes of Life in the Kings-Bench; for Title of Lands or Goods in the
proper Courts of the Kings-Bench, or Common-Pleas.
This declared in the Inſtructions for Ireland, in the latter end of King James
His time, and by the Proclamation in His Majeſties time; my Lord took notice
of them, called the Commiſſioners narrow-hearted Commiſſioners.
The Law ſaid, He ſhould not thus proceed in tlie ſubverſion of it, he faith
he will, and will enforce Obedience by the Army, this is as much, in reſpect of
the end, as to endeavour the overthrow of the Statutes of Labourers, of Vi-
ctuals, or of Merton for Incloſures; here isa Warrant againſt the King, in re-
ſpect of the end.
Secondly, In reſpect of the Actions, whether there be either a Levying of War,
or an open Deed, or both.
Horſe and Foot, by this Warrant there is a full deſignation of this whole Army,
and an Alignment of it over to Savil for this purpoſe.
The Warrant gives him power from time to time, to take as many
Soldiers;
Horſe and Foot, with an Officer throughout the whole Army, as himſelf ſhall
pleaſe ; here is the terror and awe of the whole Army to enforce Obedience.
My
King.
i
1
open Act.
3
4
168 An Impartial Collection of all the memorable Events
1641. My Lords, If the Earl had Armed two thouſand men Horſe and Foot, and form-
ed them into Companies to this end, your Lordſhips would have conceived,
that this had been a War. It's as much as in the Caſe of Sir Thomas Talbot, who
armed them in Aſſemblics.
This is the ſame with a breach of Truſt added to it.
That Army. which was firſt raiſed, and afterwards committed to his Truſt,
for the Defence of the People, is now deſtined by him to their deſtruction.
This allignation of the Army by his Warrant, under his Hand and Seal, is an
My Lords, Here's not only an open Act done, but a Levying of War Soldi-
ers, both Horſe and Foot, with an Officer in Warlike manner aſſeſſed upon the
Subject, which killed their Catcel, conſumed and waſted their Goods.
Your Lordſhips obſerve a great difference, where fix men go upon a deſign
alone, and when ſent from an Army of ſix hundred, all engaged in the fame fer-
vice, ſo many were ſent as were ſufficient to execute the Command, if upon a
poor man fewer, more upon a rich; if the ſix had not been able, the whole
Army muſt make it good. The reaſon that the Sheriff directed alone, or but
with one Bayliff to do execution, is, becauſe he hath the Command of the Law,
the King's Writ, and the Poffe Comitatus in caſe of reſiſtance. Here's the War-
rant of a General of an Army; Here's the Poffe Exercitus, the Power of the
Army, under the awe of the whole Army, ſix may force more then ſixty with-
out it; and although never above fix in one place, yet in ſeveral parts of the
Kingdom at the ſame time, might be above ſixcy; for ſeſſing of Soldiers was fre-
quent, it was the ordinary courſe for execution of his Orders.
The Lord-Lieutenant of a County in England, hath a deſign to alter the Laws
and Government; nay, admit the deſign goes not ſo high, he only declares
thus much, he will order the Freeholders and Eſtates of the Inhabitants of the
County,at his own will and Pleaſure and doth accordingly proceed uponPaper-Pe-
titions, foreſeeing there will be diſobedience, he grants out Warrants under his
Hand and Seal, to the Deputy-Lieutenants and Captains of the Trained-bands,
that upon refuſal, they will take ſuch number of the Trained-bands through
the County, with Officers, as they ſhall think good, and lay them upon the
Lands and Houſes of the refuſers, Soldiers in a Warlike manner are frequently
feſſed upon them accordingly; your Lordſhips do conceive, that this is a Levy-
ing of War within the Statute.
The Caſe in queſtion goes further in theſe two Reſpects.
That it is more againlt the declared Law in Ireland, not only againſt the Com-
mon-Law, but likewiſe againſt the Statute of 28 Hen. 6th. againſt the Acts of
the Commiſſioners; againſt Proclamations in perſuance of the Law ; againſt that
himſelf took notice of narrow-hearted Commillioners.
In this, that here was an Army, the Soldiers by profeſſion, Acts of Hoſtility
from them of greater terror, than from Frecholders of the ſame County.
My Lords, I have now done with the Firſt of Levying of War.
The Second is the Machination, the adviſing of a War.
The Caſe in this, reſts upon a Warrant to Savile, and the advice in the 23
Article.
The Warrant ſhews a reſolution of imploying the old Army of Ireland, to the
oppreſſion of his Majeſties Subjects, and the Laws.
In the 23d Article, having told his Majeſty, that he was looſed and abſolved
from Rules of Government, and might do every thing which Power might ad-
mit, he proceeded further in Speech to his Majeſty in theſe words ; You have an
Army in Ireland, you may employ to reduce this Kingdom.
My Lord's, Both being put together, there's a Machination, a practiſe and
advice to Levy War, and by force to oppreſs and deſtroy his Majeſties Sub-
jects.
It hath been ſaid, the Statute of the 25 Edw. 3. is a penal Law, and can-
not be taken by equity and conſtruction, there muſt be an actual War;
the Statute makes it Treaſon to counterfeit the King's Coin, the conſpiring,
the raiſing of Furnaces is no Treaſon, unleſs he doth Nummum percutere actually
Coin.
My
1
|
1
1
i
hu
from the Scotch Rebellion to the King's Murther.
169
16 4.1.
1
ups of
1
i
1
id
My Lords, This is only ſaid, not proved, the Law is otherwiſe, the 19th
Hen. 6. fol. 49. there adjudged, That the conſpiring and aiding to counterfeit
Coin was Treaſon, and Juſtice Stamford (fol
. 331. & 44.) is of opinion, that
this, or the conſpiring to counterfeit the Great Seal, is Treaſon. The Statute
is, If any ſhall counterfeit the Great Seal, conſpiring to do it by the Book, is
Treaſon; if a man take the Broad Seal from one Patent, and put it to another;
here is no counterfeiting, it's tantamonnt, and therefore Treaſon, as is adjudged
in 2 Hen. 4. fol. 25. and by the opinion of Stamford, If Machination or Plot-
ting a War be not within that clapſe of the Statute of Levying
War, yet is within the firſt, of compaſſing the death of the King, as that
which neceſſarily tends to the deſtruction both of King and People , upon
whofe ſafety and protection he is to engage himſelf. That this is Treaſon,
hath been adjudged, both after the Statutes of i Hen. 4. Cap. 10. and i Queen
Mary; ſo much infiited upon on the other ſide. In the Third year of King
Henry 4th, one Balſhal coming from London, found one Bernard at Plough,
in the Pariſh of Oſley, in the County.of Hertford. Bernard asked Baljhal what
news ? he told him that the news was, That Richard the Second was alive in
Scotland ( which was falſe, for he was dead, ) and that by Midſummer next,
he would come into England ; Bernard asked him, What were beſt to be done?
Balſhal anſwered, Get Men, and go to King Richard. In Michaelmas Term, in
the Third year of Hen. 4th, in the Kings-Bench Rot. 4. This advice of War
adjudged Treaſon.
In Queen Mary's time, Sir Nicholas Throckmorton conſpired with Sir Thonias
Wyat, to Levy War within this Realm for alteration in Religion, he joyned not
with him in the execution. This conſpiracy alone declared to be Treaſon by
all the Judges; this was after the Statute of Queen Mary, ſo much inſiſted
upon.
That Parliament ended in Otober, this opinion was delivered the Eaſter Term
following, and is reported by Juſtice Dyer, fol, 98. It's true, Sir Thomas Wyat
afterwards did Levy War ; Sir Nicholas Throckmorton he only conſpired. This
adjudged Treaſon.
One Story in Queen Elizabeths time practiſed with Foreigners, to Levy War
within this Kingdom, nothing done in purſuance of the practice. The intent
without any adhering to enemies of the Queen, or other cauſe, adjudged Treaſon,
and he executed thereupon.
It's true my Lords, that year 13 Eliz. by Act of Parliament it's made Treaſon,
to intend the levying of War; this Cafe was adjudged before the Parliament:
The Caſe was adjudged in Hillary Term ; the Parliament begun not till the April
following. This my Lords, is a Caſe judged in point, that the practiſing to
Levy War, though nothing be done in execution of it, is Treaſon.
Object. It may be objected, That in theſe Caſes, the Conſpiring being againſt
the whole Kingdom, included the Queen, and was a Compaſſing Her deſtruction;
as well as of the Kingdoms, here the advice was to the King.
Anſw. The Anſwer is firſt, That the Warrant was unknown to His Majeſty,
that was a Machination of War againſt the People and Laws, wherein His Ma-
jeſties Perſon was engaged for protection.
Secondly, That the advice was to his Majeſty, aggravates the Offence, it was
an Attempt which was the Offence; it was an Attempt not only upon the King-
dom, but upon the Sacred Perſon and His Office too; himſelf was hostis patriæ,
he would have made the Father of it ſo to : Nothing more unnatural nor more
dangerous, than to offer the King Poyſon to drink; telling him that it is a Cor-
dial is a palling of his death: the Poyſon was repelled,
there was an Antidote
within the Malice of the giver beyond expreſſion. The perſwading of For
reigners to invade the Kingdom, hold no proportion with this Machination of
War; againſt
the Law or Kingdom, is againſt the King, they cannot be ſevered.
My Lords, If no actual War within the Statute, if the Connſelling of War,
if neither of theſe ſingle Acts be Treaſon within the Statute, The Commons,
in the next place, have taken it into conſideration, what the addition of his
Vol. II
Z
other
+
Object.
Anſw.
M
-
1
''
.
1
1
+
170 An Impartial Colle&tion of all the memorable Events
1641. 'other Words, Counſels, and actions do operate in the Caſe, and have con-
ceived, that with this. Addition, all being put together, that he is brought
within the Statute of 25 E, 3.
The words of the Statute are, If any Man Shall Compaſs, or Imagine'the death of
the King; the words are not, If any Mani Shall Plat, or Counſel the Death of the
King, No; my Lords, they go further than to ſuch things as are intended im-
mediately, directly, and determinatively againſt the Life and Perſon of the
King, they are of a larger extent; to compaſs, is to do by Circuit, to Conſult
or Practiſe another thing directly, which being donc, may neceſſarily produce
this effect
However it þe in the other Treaſons within this Statute, yet in this, by
the very words, there is room left for conſtructions, for neceſſary inferences
and conſequences.
Wliat hath been the Judgment and Practice of former times, concerning
theſe words, of compaſſing the Kings Death, will appear to your Lordſhips, by
fome caſes of Attainders upon theſe words.
One Owen, in King James His time, in the 13th year of His Reign, at Sand-
Owen's Care
wich in Kent, ſpake theſe words, That King James being Excommunicated by the
of Sandwich
in Kent.
Pope, may be killed by any Man, which killing is no Murther: Being asked by
thoſe he ſpake to, how he durſt maintain ſo Bloody an Aſſertion? Anſwered,
That the matter was not ſo heinous as was ſuppoſed; for, the King who is the
Leſler, is concluded by the Pope, who is the Greater ; and, as a Malefactor,
being Condemned before a Temporal Judge, may be delivered over to be Exe-
cuted; So the King, ſtanding Convicted by the Popes Sentence of Excommuni-
cation, may juſtly bę Naughtered without fault; for, the Killing of the King,
is the Execution of the Popes Supream Sentence, as the other is the Execution of
the Law. For this, Judgment of High Treaſon was given againſt him, and Ex-
ecution done.
My Lords, there is no clear intent appearing, that Owen deſired the thing
ſhould be done, only Arguments that it might be done, this is a Compaſling,
there is a clear Endeavour to corrupt the Judgment, to take off the Bonds of
Conſcience, the greateſt ſecurity of the Kings Life; God forbid, faith one of bet-
ter Judgment then he, that I ſhould ſtretch out my hand againſt the Lords Anoin-
tedt: No, faith he, the Lord doth not forbid it, you may, for theſe Reaſons, law-
fully kill the King.
He that denies the Title to the Crown, and plots the means of ſetting it upon
anothers head, may do this without any director immediate deſiring the death of
Him that wears it ; yet this is Treaſon, as was adjudged in the io of Plen.7
in theſe of Burton,and in the Duke of Norfolk's Caſc, 13 Eliz.
Thisis a compalling of His Death; for there can no more be two Kings in one
Kingdom, then two Suns in the Firmament: he that conceives a Title, counts
it worth venturing for, though it coſt him his life: he that is in poſſeſlion thinks
it as well worth the keeping. John Sparbank,, in King Henry the Fourth's time,
meeting two men upon the way, amongſt other talk, ſaid, That the King was
no rightful King, but the Earl of March; and that the Pope would grant Indul-
gencies to all, that could aſiſt
the Earl's Title, and that within half a year there
would be no Liveries
, nor Cognizances of the King; that the King had not kept
promiſe with the People, but had laid Taxes upon them.
In Eaſter-Term, in the third year of Henry the Fourth, in the Kings Bench,
Rot. 1.2. this adjudged. Treaſon, this denying the Title with
Motives, though
not implyedly of Action againſt it, adjudged Treaſon; this is a compalling the
Kings death
How this was a compaſſing of the Kings Death, is declared in the Reaſons of
the Judgment; that the words were ſpoken with an intent, to withdraw the af
fections
of the people from the King, and to excite
them againſt him, that in the
end they might riſe up againſt him in mortem. o deftruétionem of the King.
My Lords, in this Judgment; and others, which I ſhall cite to your Lordſhips,
it appears, that it is a compaſſing the Kings death by Words, to endeavour to
draw the Peoples hearts from the King, to ſet diſcord between the King and
them, whereby the People ſhould leave the King, ſhould riſe up againſt him, to
the death and deſtruction of the King.
The
+
/
+
}
1
| 1 آر
1
i
III
ill
H
d!
HIT
17 i
1 641.
܀
!
4
from the Scotch Rebellion to the King's Murther
The Caſes that I ſhall cite, prove not only that it is Treaſon, but what is ſuf-
ficient Evidence to make this good.
Upon a Commiſſion held the 18th year of Ed. 4. in Kent, before the Mar-
queſs of Dorſet, and others, an Indictment was preferred againſt John Awater,
of High-Treaſon, in the Form before-mentioned, for Words, which are en-
tred in the Indictment Sub hac forme : That he had been ſervant to the Earl of
Warwick; that though he were dead, the Earl of Oxford was alive, and ſhould
have the Government of part of that Country; That Edward, whom you call
King of England, was a falſe Man, and had by Art and Subtilty, ſain the Earl
of Warwick, and the Duke of Clare his Brother, without any cauſe, who be-
fore had been both of them attainted of High-Treaſon.
My Lords, This Indictment was Returned into the Kings-Bench in Trinity
Term, in the Eighteenth year of Edward the Fourth; and, in Easter-Term,
the Two and twentieth of Edward the Fourth, he was outlawed, by the ſtay of
the outlawry, ſo long as it ſeems the Judges had well adviſed before, whether
it were Treaſon or not.
At the ſame Seſſion Thomas Heber was Indicted of Treaſon for theſe words,
That the laſt Parliament was the moſt ſimple and inſufficient Parliament that
ever had been in England; That the King was gone to live in Kent, becauſe
that for the preſent he had not the love of the Citizens of London, nor ſhould
he have it for the future : That if the Bihop of Bath and Wells were de ad, the
Archbiſhop of Canterbury being Cardinal of England, would immediately loſe
his head.
This Indictment was returned into the Kings-Bench in Trinity-Term, in the
18th year of Edward the 4th: afterwards there came a Privy-Seal to the Judge
to refpit the Proceedings, which ( as it ſhould ſeem ) was to the intent the
Judges might adviſe of the Caſe, for afterwards he is outlawed of High-Trea-
ſon upon this Indictment.
Theſe words are thought ſufficient evidence, to prove theſe ſeveral Indict-
ments, that they were ſpoken to withdraw the Peoples Affections from the King,
to excite them againſt him, to cauſe Riſings againſt him by the People, in mor-
tem deſtruktionem of the King.
Your Lordſhips are pleaſed to conſider; That in all theſe caſes, the Treaſon
was for words only, words by private Perſons, and in a more private manner,
but once ſpoken, and no more, only amongſt the People, to excite them againſt
the King.
My Lords, here are Words, Counſels, more then Words and Actions too,
not only to diſaffect the people to the King, but the King likewiſe towards the
People; not once, but often; not in private, but in places moſt Publick ; not
by a private perſon, but by a Counſellor of State, a Lord-Lieutenant, a Lord-
Preſident, a Lord-Deputy of Ireland.
1. To His Majeſty, that the Parliament had denyed to ſupply Him : a Slan-
der upon all the Commons of England, in their Affections to the King and
Kingdom, in refuſing to yield timely ſupply for the neceſſities of the King and
Kingdom
2. From thence, that the King was looſe, and abſolved from Rules of Go-
vernment, and was to do every thing, that Power would admit. My Lords,
more cannot be ſaid, they cannot be aggravated; whatever I ſhould ſay would
be in Diminution.
3. Thence you have an Army in Ireland, you may employ to reduce thisKingdom.
To Counſel a King, not to Love His People, is very Unnatural, it goes
higher to hate them, to Malice them in his heart, the higheſt expreſſions of
Malice, to deſtroy them by War. Theſe Coals they were caſt upon his Maje-
fty, they were blown, they could not kindle in that Breaſt.
Thence, my Lords, having done the utmoſt to the King, he goes to the peo
ple. Atřork, the Country being met together for Juſtice, at the Open
les upon the Bench, he tells them, ſpeaking of the Juſtices of the Peace, that
they were all for Law, nothing but Law, but they ſhould find, that the Kings
Little Finger, ſhould be heavier then the Loyns of the Law, as they ſhall find.
My Lords, who ſpeaks this to the People, à Privy-Counſellor ? this muſt be
either to traduce His Majeſty to the People, as ſpoken from him, or from himſelf
,
Vol. II.
who
1
+
Alli.
Z 2
172. An Impartial Collection of all the memorable Events
1 6.4.1
:
who was Lord-Lieutenant of the County, and Preſident, intruſted with the
Forces and Juſtice of thoſe parts, that he would Employ both this way. Add,
my Lords, to his Words there, the Exerciſing of an Arbitrary and Vaſt Juriſ
diation, before he had ſo much as Inſtructions, or Colour of Warrant:
Thence we carry him into Ireland ; there he Repreſented, by his place, the
Sacred Perſon of his Majeſty.
Firſt. There at Dublin, the Principal City of that Kingdom, whither the
Subjects of that Country came for Juſtice in an Aſſembly of Peers, and others
of greateſt Rank, upon occaſion of a Speech of the Recorder of that City,
touching their Franchiſes and Regal Rights; lie tells them, That Ireland was
a Conquered Nation, and that the King might do with them. what he plea-
ſed.
:.
Secondly, Not long after, in the Parliament 10 Car. in the Chair of State,
in full Parliament again, That they were a Conquer'd Nation; and that they
were to expect Laws as from a Conqueror, before the King might do with
them what he would, now they were to expect it that he would put this Power
of a Conqueror in Exccution: The Circumſtances are very. Conſidera-
ble ; in full Parliament; from himſelf in Cathedra, to the Repreſentative Body
of the whole Kingdom.
The Occaſion adds much, 'when they deſir’d the Benefit of the Laws, and
that their Cauſes and Suits might be determined according to Law, and not by
himſelf, at his Will and Pļeaſure, upon Paper-Petitions.
Thirdly, Upon like occaſion, of Preſſing the Laws and Statutes, that he
would make an Act of Council-Board in that Kingdom, as Binding as an Act
of Parliament.
:
--
ml, 1
-1.
.
'N
3
Fourthly, He made his Words good by his Actions, Aſſumed and Exerciſed a
Boundleſs and Lawleſs Juriſdiction, over the Lives, Perſons and Eſtates of His
Majeſties Subjects, procured Judgment of Death againſt a Peer of that Realm
Commanded another to be Hanged, this was accordingly Executed, both in
times of High Peace, without any Proceſs or Colour of Law.
Fifthly, By Force, of a long time, he Seized the Yarn and Flax of the Sub-
jects, to the Starving and undoing of many thouſands ;. beſides the Tobacco bu-
ſineſs, and many Monopolies and Unlawful Taxes ; forced a New Oath, not to
diſpute His Majeſties Royal Commands; determined Mens Eſtates at his own
Will and Pleaſure, upon Paper-Petitions to himſelf; forced Obedience to theſe,
not only by Fines and Impriſonment, but likewiſe by the Army; ſeſſed Soldiers
upon the Refuſers in an Hoſtile manner.
Sixthly, Was an Incendiary of the War between the two Kingdoms of Eng-
land and Scotland.
My Lords, We ſhall leave it to your
Lordſhips Judgments,whether theſe words,
Counſels, and Actions, would not have been a ſufficient Evidence, to have Pro-
ved an Indictment drawn up againſt him, as thoſe before mentioned, and many
others are? That they were ſpoken and done to the Intent, to draw the King's
heart from the People, and the Affections of the People from the King, that
they might leave the King, and afterwards riſe up againſt him, to the deſtructi-
on of the King; if ſo,here is a compaſſing of the King's Death, within the
Words of the Statute of 25th year of Edward the Third, and that Warranted
by many former Judgments,
My Lords, I have now done with the Three Treaſons within the Statute of
the Twenty fifth of Edward the 3 d. I. proceed unto the 4th uponthe Statúte of the
Eighteenth year of Henry the 6th, Chapter the third in Ireland, and I hall make
bold to read the words to your Lordhips.
That no Lord, nor any other, of mbar condition foever he be, fiall "bring, or lead
Hoblers, Kernes, or Hooded Men; nor any other people, nor Horſes, to lye on
Horſeback, or on Foot, upon the King's Subje£ts, without their good wills and
conſent,
i
:
+
4
1
Wonen
.
173
+
*
HILLS
L
!
I!!!
from the Scotch Rebellion to the King's Murther.
conſent, but upon their own Coſt, and without burt doing to the Commons; and if any | 1641.
rodo, he fhall be adjudged as a I avtor.
1. The Argument that hath beel. nade concerning the Perſon that it extends not
to the King, and therefore not h him, weighs nothing with your Lordſhips,
Rex non habet in Regno parem ; from in greatneſs of his office, to argue himſelf
into the fatne in poſibility with His Sared Majeſty, of being incapable of High-
Treaſon, it's an Offence, no Treaſon ; The words in the Statute, No Lord, ror
any other, of what condition
foever he be, il-ludeevery Subject.
In Trinity Term, in the Three and thirtsth yar of Henry the Eighth, in the
King's-Bench, Leonard Lord Gray, having impedately before been Lord-De-
puty of Ireland, is Attainted of High-Trcan, and Judgment given againſt
him, for letting diverſe Rebels out of the Caſtiesf Dublin, and diſcharging
Iriſli Hoſtages and Pledges, that had been given for curing the Peace , for not
puniſhing one that ſaid, That the King was an Heretis : I have read the whole
Record, there's not one thing laid to his Charge, but ras done by him as Lord
Lieutenant; He had the fame Plea with my Lord of Straord; That theſe things
were no adhering to the King's Enemies,but were done fc Reaſons of State that
he was not within thoſe words of the Statute of the ã of Edm. 3. himſelf
being Lord-Lieutenant there.
Objelt. It
' hath been ſaid, That the Soldiers feſſed upoithe Subjects by him,
were not ſuch perſons as are intended by that Statute, Hblers, Kernes, and
Hooded Men, thoſe Raſcally people.
+
1
Anſw. My Lords, they were the names given to the Soldiery of thoſe times,
Hoblers, Horſemen ; the other the Foot. But the words of the Statute go fur-
ther, Nor any other people, neither Horſe nor Foot. His Lordhip ſeſled upon
them both Horſe and Foot.
1
पा
+
{
Object. The Statute extends only to thoſe, that lead or bring; Lavil led them;
my Lord only gave the Warrant.
Anſim. To this I ſhall only ſay thus, Plus peccat author, quam Aitor, by the
rule of the Law Agentes e conſentientes pari plečtuntir poena; if conſent, much
morea Command to do it, makes the Commander a Craytor , If there be any
Treaſon within this Statute, my Lord of Strafford is Gilty.
It hath been therefore ſaid, That this Statute, lik Goliab's Sword, hath
been wrapt up in a Cloath, and laid behind the door, that`t hath never been put
in Execution.
My Lords, if the Clerk of the Crown in Ireland, hath certified your Lord-
ſhips upon ſearch of the Judgments of Attainders in Irelan, he could not find
that any man had been attainted upon this Statute, your Lordhips had had ſome
ground to believe it ; Yet it's only my Lord of Strafford's Affi:mation; beſides,
your Lordſhips know, that an Act of Parliament binds until it le repealed.
It hath been therefore ſaid; That this Statute is repealed by the Statute of
the 8 Ed. 4. Cap. I. and of the roth of Hen. 7. Cap. 22. becauž by theſe two
Statutes, the Engliſh) Statutes are brought into Ireland.
The Argument (if I miſtook it not ) ſtood thus ; That the Sutute of the
Firſt of Henry the 4th. the roth Chap. faith, That in no time to cone, Treaſon
ſhall be adjudged otherwiſe, then it was ordained by the Statute of the 25 E. 3.
that the reaſon mentioned in the Eighteenth year of Henry the Sixth, it’the Iriſl
,
Statute, is not contained in the 25 Edm. 3. and therefore contrary to the Sta-
tute of the i Hen. 4. it muſt needs be void,
If this were Law, then all the Statutes that made any new Treaſon after the
Firſt of Henry the 4th, were void in the very Fabrick, and at the time when
they were made ; hence likewiſe it would follow, that the Parliament now,
upon what occaſion ſoever, have no Power
to make any thing Treaſon; not de-
clared to be ſo in the Statute 25 Edm: z: This your Lordſhips cáſily fee,
would make much for the Lord of Strafford's advantage, but why the Law ſhould
be ſo, your Lordſhips have only
as yet heard an Alfirmation of it; no reaſon.
But,
ज'
1
T
/
174
1 641.
IL
APY"
An Impartial Collection of all the wmorable Events
But, ſome touch was given, that the Statute : the Tenth year of Henry the
Seventh, in words, makes all the Iriſla Statutes pid, which are contrary to the
Engliſh. The Anſwer to this is a denial tha there are any ſuch words in the
Statute. The Statute declares, that the Engine Statutés hall be effectual, and
confirmed in Ireland, and
that all the Statute inade before time to the contrary,
ſhall be revoked.
This repeals only the Iriſh Statutes of e Tenth year of Henry the Fourth,
and the Nine and twentieth year of Hery the Sixth, which ſay, that the Engliſh
Statutes ſhall not be in force in Irland unleſs particularly received in Parlia-
ment, it makes all the Iriſh Statut's wid, which ſay, that the Engliſh Statutes
ſhall not be in force there.
It is ufual when a Statut: sayes, that ſuch a thing ſhall be done, or not
done, to add further, that a Statates to the contrary ſhall be void.
No likelih ood that thistatuce intended to take away any Statute of Treaſon,
but when in the Chapter.ext before this, Murder there is made Treaſon, as if
done upon the Kings peròn,
That this Statute of-he Eighteenth year of Henry the Sixth remains on foot,
and not repealed eitheoy the Statute of the Eighth year of Edward the Fourth,
or this of the Tenth rar of Henry the Seventh, appears exprefly by two ſeve-
ral Acts of Parliamer, made at the ſame Parliament of the tenth year of Henry
the Seventh.
By an Act of Pariament of Henry the Sixth's time in Ireland, It was made
Treaſon for any Ma whatſoever, to procure a Privy-Seal, or any other Com-
mand whatſoever for apprehending any perſon in Ireland for Treaſon done
without that Kin,dom, and to put any ſuch Command in Execution; divers
had been attainter of Treaſon for executing ſuch Commands : There is a Trea-
ſon, fo made, ly Act of Parliament, in Henry the Sixth’s time. In the third
Chapter of thi:Parliament of the tenth of Henry the Seventh, an Act is paſſed
for no other ind, then to repeal this Statute of Henry the Sixth of Trea-
ſon.
If this Statite of Henry the Sixth of Treaſon had been formerly repealed by
the Statute of 8 E 4. or then by the two and twentieth Chapter of this par-
liament of the 10th of Henry the Seventh, by bringing in the Engliſh Statutes,
the Law-makers were muci miſtaken now to make a particular Act of Parlia-
ment to repcal it, it beinglikewiſe ſo unreaſonable an Act as it was.
In the Eighth Chapter of this Parliament of the oth of Henry the Seventh,
it is Enacted, that the Satutes of Kilkenny, and all other Statutes made in Ire-
land (two only exceptes, whereof this of the Eighteenth of Henry the Sixth is
none) for the Commn-Weal, ſhall be enquired of, and executed: My Lord of
Strafford faith, that he bringing in of the Engliſh Statute hath repealed this
Statute ; the Act of Parliament made the ſame time, faith no; it Taith, that
all the Iriſh Stutes, excepting two, whereof this is none, ſhall ſtill be
in force.
Objezt. 'Oh, fat however it was in the 10 H: 7: yet it appears by Judgment
in Parliament aterwards, that
this Statute of 18 H. 6. is repealed, and that is
by the Parliapent of the 11th year of Queen Elizabeth the 7th Chapter, that
by this Parliagent it is Enacted, That if any Man, without Licence from the
Lord-Deput', lay any Soldiers upon the Kings Subjects, if he be a Peer of the
Realm, he hall forfeit one hundred pounds, if under the degree of a Peer,
One hundred Marks.
This Statute, as is alleadged, declares the Penalty of laying Soldiers on
the Subjects to be only one hundred pounds, and therefore its not Trea-
fon.
1
VI
i
TH
:
pounds is laid
Anſm. My Lords, if the Offence for which this Penalty of one hundred
upon the Offenders, be for laying Soldiers, or leading them to do
any Act Offenſive or Invaſive upon the Kings People, the Argument hath fome
force, but that the Offence is not for laying Soldiers upon the true Subjects,
that this is not the Offence intended in the Statute, will appear to your Lordſhips
Ex abſurdo, from the words of it.
The
:
::
114
1
,
។
175
I 6 4 1:
May path
L'
11
1
vaſive, without Warrant under the Great-Seal' of England; ori of the Lordi
from the Scotch"Rebellion to the King's Murther.
The Words are;
That if any Man fhall aſſemble the People of the County together, to conclude of
Peace or War, or ſhall carry thoſe people to do any Acts Offenſive or Invaſive,then
befriall forfeit One hundred pounds.
If concluding of War, and carrying the people to Acts Invaſive, be againſt
the Kings Subjects, this is High-Treaſon, which are the words of the Statute of
25 E. 3. for if any Subject ſhall allemble the people, and conclude a War,
and accordingly ſhall lead them to invade the Subject, this is a levying of War
within the words of the Statute; and then the Statutes of the 25 E. 3. 1 H. 4.
I of Queen Mary, which the Earl of Strafford, in his Anſwers, deſires to be
tryed by, are as well repealed, in this point, as the Statute of the 18th of Henry
the Sixth, he might then, without fear of Treafun, have done what he pleaſed
with the Iriſlo Army; for all the Statutes of levying of War by this statute of
11 Eliz. were taken out of his way.
In Ireland à Subject gathers Forces, concludes a War againſt the Kings People,
actually invades them, bloodſhed, burning of houſes, depredations enfue; two
of thoſe that is, Murder, and burning of Houſes, are Treaſon; and there the
other Felony by the conſtruction the puniſhment of Treaſon, and Felony is
turned only into a fine of One hundred pounds; from loſs of Life, Lands, and
all his Goods, only to loſs of part of his Goods.
The Third Abſurdity, a War is concluded, three ſeveral Inrodes are made
upon the Subjects ; in the firſt a hundred pounds.damage ; in the ſecond, five
thouſand pounds damage; in the third, ten thouſand pounds damage, is done
to the Subjects; the penalty for the laſt inroade is no more then for the firſt,
only one hundred pounds." This Statute, by this Conſtruction, tells any man,
how to get his living without long labour.
Two parts of the hundred pounds is given to the King, a third part unto
the Informer ; Here's no damage to the Subject, that is robbed and deſtroy-
ed.
My Lords, The Statute will free it ſelf and the makers from thoſe Abſur-
dities.
The meaning of the Statute is, That if any Captain ſhall, of his own head,
conclude of Peace or War againſt the Kings Enemies, or Rebels
, or ſhall, up-
on his own head, invade them without Warrant from the King, or Lord De-
puty of Ireland, that then Ire ſhall forfeit a Hundred pounds.
The offence is not for laying of Soldiers upon the Kings people, but ma-
king War againſt the Iriſlı Rebells without Warrant ; the Offence is not in
the Matter, but in the Manner, for doing a thing lawful, but without Million.
I. This will appear by the general Scope of the Statute, all the parts being put
together.
II. By particular Clasſes in the Statute.
III. By the Condition of thát Kingdoms at the time of the making of that Sta-
For the First, The Preamble recites, that in time of Declination of Juſtice,
under pretext of defending the Country and themſelves, diverſe great Men'ar-
rogated to themſelves Regali Authority, under the names of Captains; that
they acquired to themſelves that Government, which belonged to the Crown's
for preventing of this; It's Enacted; . That no man dwelling within the Shirca
Grounds, ſhall thenceforth aſſume, or take to himſelf the Authority ar-name of
a Captain, within theſe Shire-Grounds, without Letters-Patents from the
the
Crown, nor ſhall, under colour of his Captainſhip, make any' demand
people of any Exaction, nor as a Captain, aſſemble' the people of the Shire
Grounds ; nor as a Captain ſhall lead thoſe people to do any acts Offenſive or In-
Deputy,
1
t
tute.
1
1
H
.
:
176 An Impartial Collection of all the memorable Events
1641. Deputy, upon penalty, that if he do any thing contrary to that Act, that then
the offender ſhall forfeit a Hundred pounds.
My Lords, the Rebels had been out; the Courts of Juſtice ſcarce ſate ; for de-
fence of the Country divers uſurped the place of Captains, concluded of War
againſt the Rebels, and invaded them without Warrant : Invading the Rebels
without Authority, is a crime.
This appears further by particular clauſes in the Statute, none ſhall exerciſe a-
ny Captainſhip within the Shire-grounds, nor aſſemble the men of the Shire-
grounds, to conclude War, or lead them to any Invaſion.
That that had anciently been ſo continued to this time, that is the Iriſh, and
the Engliſh Pale; they within the Shire-grounds were within the Engiſh Pale;
and ad fidem ea legem Anglia.... The Iriſh without the Pale were enemies al-
ways, either in open act of Hoſtility, or upon Leagues and Hoſtages given for le-
curing the Peace, and therefore as here in England we had our Marches upon the
frontiers in Scotland and Wales, ſo were there Marches between the Iriſh and Eng-
liſh Pale, where the Inhabitants held their Lands by this tenure, to defend the
Country againſt the Iriſh, as appears in the cloſe Roll of the Tower, in the 20th
year of Edw. 3. membrana 15. on the backkide, and in an Iriſh Parliament, held the
42 year of Edm. 3. it's declared, That the Engliſh Pale was almoſt deſtroyed by
the Iriſh enemies, and that there was no way to prevent the danger, but only, that
the Owners reſide upon their Lands for defence and that abſence ſhould be a for-
feiture. This Act of Parliament in a great Council here was affirmed, as appears
in the cloſe Roll, the 22 year of Edw. 3. Membrana 20 dorſo.
Afterwards, as appears in the Statute of 28 Hen. 6th, in Ireland; this Hoſtility
continued between the Engliſh Marches and the Iriſh Enemies, who by reaſon
there was no difference between the Engliſh Marches and them in their Apparel,
did daily (not being known to the Engliſh ) deſtroy the Engliſh within the Pale :
Therefore it is enacted, that every Engliſh-man ſhall have the hair of his upper
Lip for diſtinction fake. This lioſtility continued until the 10th year of Henry
the 7th, as appears by the Statute of 10 H. 7th. and 17tb.ſo fuccellively down-
wards, 'till the making of this very Statute of 11 Eliz, as appears fully in the
9th Clap.
Nay, immediately before, and at the time of the making of this Statute,
there was not only enmity between thoſe of the Shire-ground, that is, the Eng-
lifla and Iriſh Pale, but open War, and acts of Hoſtility, as appears by Hiſtory of
no leſs Authority, than that Statute it ſelf ; for in the firſt Chapter of that Sta-
tute, is the Attainder of Shane Onegle, who had made open War, was ſain in open
War; it's there declared, That he had gotten by force, all the North of Ireland,
for an hundred and twenty miles in length, and about a hundred in breadth
that he had maſtered divers places within the Engliſh Pale; when the flame of
this War by his death, immediately before this Statute was ſpent, yet the Fire-
brands were not all quenched, for the Rebellion continued by Fokin Fitz-Gerard,
called the White Knight, and Thomas Gueverford, this appears by the Statute of
the Thirteenth year of Quzen Eliz. in Ireland, but two years after this of the
Eleventh year of Queen Eliz. where they are attainted of High-Treaſon, for
Levying of War this Eleventh year, wherein this Statute was made.
So that my Lords, immediately before, and at the time of the making of
this Statute, there being War between thoſe of the Shire-Grounds, mentioned
in this Statute, and the Iriſhi, the concluding of War, and Acts Offenſive and
Invaſive there mentioned; can be intended againſt no others, but the Iriſh
Enemies.
Again, The words of the Statute are, No Captain fhall asſemble the people of
the Shire-grounds, to conclude of Peace or War; Is to preſume, that thoſe of
the Shire-grounds will conclude of War againſt themſelves. Nor ( with the
Statute ) Shall carry thoſe of the Shire-grounds to do any Acts Invaſive; by the
conſtruction which is made on the other ſide, they muſt be carried to fight
againſt themſelves.
Laſtly, The words are, That as a Captain, none lhall aſſume the Name, or
Authority of a Captain ; or as a Captain fhall gather the people together; or
as a Captain lead them; the offence is not in the matter, but in the manner ;
If the Acts offenſive were againſt the Kings good Subjects, thoſe that were under
Command
i
1
1
+
"I
i
!
B
177
I 641
1
from the Scotch Rebellion to the King's Murther.
Command, were puniſhable, as well as the Commanders; but in reſpect the
Soldiers knew the ſervice to be good in it ſelf, being againſt the enemies, and
that it was not for them to diſpute the Authority of their Commanders, the
penalty of 100 l. is laid only upon him, That as Captain, ſhall aſſume this Power
without Warrant, the People commanded, are not within this Statute.
My Lords, The Logick whereupon this Argument is framed, ſtands thus,
becauſe the Statute of the Eleventh year of Queen Elizabeth, inflicts a penalty
of 100 l. and no more, upon any man, thatas a Captain without Warrant, and
upon his own head ſhall conclude of, or make War againſt the King's Encmies :
Therefore the Statute of the 18th year of Henry the 6th is repealed which makes
it Treaſon to lay Soldiers upon, or to levy War againſt the Kings good
People.
BI My Lords, Obſervation hath been made upon other words of this Sta-
tute, that is, that without Licence of the Deputy, theſe things cannot be done;
this ſhews that the Deputy, is within none of the Statutes.
My Lords, This Argument ſtands upon the ſame reaſon with the former, be-
caufe he hath the ordering of the Army of Ireland, for the defence of the peo-
ple, and may give Warrant to the Officers of the Army, upon eminent occaſi-
ons of Invaſion, to reſiſt or proſecute the Enemy, becauſe of the danger, that
elſe might enſue forthwith, by ſtaying for a Warránt from His Majeſty out of
England.
My Lords, The Statute of the 10th year of Henry the 7th Chap. 17. touched
upon for this purpoſe, clears the buſineſs in both points; for there is declared,
That none ought to make War upon the Iriſh Rebels, and Enemies, without
Warrant from the Lieutenant, the forfeiture 100 1. as here the Statute is the
ſame with this and might as well have been cited, for repealing the Statute of the
18th year of Henry the 6th, as this of the 11th year of Queen Elizabeth. But
if this had been inſiſted upon, it would have expounded the other two clear
4
againſt him.
1
2
I
Obječt. My Lords, It hath been further ſaid, although the Statute be in force
and there be a Treaſon within it, yet the Parliament hath no Juriſdiction, the
Treaſons are commited in Ireland, therefore not tryable here.
Anſiv. My Lords, Sir John Parrot, his Predeceſſor, 24 Ed. was tryed in the
Kings-Bench for Treaſon done in Ireland when he was Deputy; and Oruche
in the 33 year of Queen Elizabeth, adjudged here for Treaſon done in Ireland.
Obječt. But it will be ſaid, theſe Tryals were after the Statute of the 34th
year of Henry the 8th, which Enacts, that: Treaſons beyond Sea may be tryed in
England.
Anſw. My Lords, his Predeceſſor my Lord Gray was tryed, and adjudged here
in the Kings-Bench; that was in Trinity-Term, in the 33 year of Henry the 8th,
this was before the making of that Statute.
Object. To this again will we ſay, That it was for Treaſon by the Laws and
Statutes of England; that this is not for any thing that's Treaſon by the Law of
England; but an Iriſh Statute.
So that the queſtion is only, Whether your Lordſhips here in Parliament,
have cognizance of an offence, made Treaſon by an Iriſla Statute, in the ordina-
ry way of Judicature, without Bill? for ſo is the preſent queſtion.
For the clearing of this, I ſhall propound two things to your Lordſhips conſi-
deration.
Whether the Rule for expounding the Irifh Statute and Cuſtoms, be one and
the ſame in England as in Ireland ?
That being admitted, whether the Parliament in England have cognizance or
juriſdiction of things there done, in reſpect of the place, becauſe the Kings
Writ runs not there?
For the firſt, in reſpect of the place, the Parliament here hath cognizance
there. And Secondly, If the Rules for expounding the Iriſla Statutes and Cu-
ſtoms, be the ſame here as there, this exception (as I humbly conceive ) muſt
fall away.
In
A
Vol. II.
Аа
1
121
1
178 An Impartial Collection of all the memorable Events
I 641.
In England there is the Common Law, the Statutes, the Acts of Parliament,
and Cuſtoms peculiar to certain places, differing from the Common-Law; If
any queſtion ariſc concerning either a Cuſtom or an Act of Parliament, the
Common-Law of England, the Firſt, the Primitive and the General Law, that's
the Rule and Expoſitor of them, and of their ſeveral extents; it is ſo here, it is
ſo in Ireland, the Common-Law of England, is the Common-Law of Ireland
likewiſe ; the ſame here and there in all the parts of it.
It was introduced into Ireland by King John, and afterwards by King Henry
3. by Act of Parliament held in England as appears by the Patent Rolls of the 30
year of King Henry 3.the firſt Membrana,the Words are, Quia pro Communi Utilitate
terra Hibernia do sinitate terrarum Regis, Rex vilt, & de communi Concilio Regis
Provifum eft, quod omnes Leges & Conſuetudines que in Regno Anglia tenentur, in
Hibernia tencantur, & eadem terra eiſdem legibus ſubjaceat, & per eafdem Regatur,
ſicut Dominus Johannes Rex cum ultimò esſet in Hibernia statuit & fieri mandavit,
quia, &c. Rex vult quòd omnia brevia de Communi Jure que currunt in Anglia, fimi-
liter currant in Hibernia, fub novo ſigillo Regis mundatum eft Archiepiſcopis, &c.
quod pro pace e tranquilitate ejuſdem terra, per eaſdem leges eos regi & deduci permit-
tant, ceas in omnibus fequantur in cujus, &c. Tefte Rege apud Woodſtock,
Decimo nono die Septembris.
Here is an union of both Kingdoms, and that by Act of Parliament, and the
fame Laws to be uſed here as there, in omnibus.
My Lords, That nothing might be left here for an exception, that is, That
in Treaſons, Felonies, and other capital offences concerning Life, the Iriſh
Laws are not the ſame as here, therefore it is enacted by a Parliament held in
England, in the 14th year of Edm. 2. (it is not in print neither, but in the Par-
liament Book) that the Laws concerning Life and Member ſhall be the fame in
Ireland, as in England.
And that no exception might yet remain, in a Parliament hield in England,
The 5th year of Edw. 3. it is Enacted. Quod una c eadem Lex fiat tam Hiber-
nicis quam Anglicis.
This Act is enrolled in the Patent Rolls of the 5th year of Edm. 3.Parl.membr.25.
The Iriſh therefore receiving their Laws from hence, they ſend their Students
at Law to the Inns of Courts in England, where they receive their Degree; and
of them, and of the Common Lawyers of this Kingdom, are the Judges made.
The petitions have been many from Ireland, to lend from hence ſome Judges,
more learned in the Laws, than thoſe they had there.
It hath been frequent in caſes of difficulty there, to ſend ſometimes to the
Parliament, ſometimes to the King, by advice from the Judges here, to ſend
them reſolutions of their doubts. Amongſt many, I'll cite your Lordſhips only
onc, becauſe it is in a caſe of Treaſon upon an Iriſh Statute, and therefore full
to this point.
By a statute there made the fifth year of Edib. 4. there is a proviſion made
for ſuch us upon ſuggeſtions are committed to priſon for Treaſon, that the
party
committed, if he can procure 24 Compurgators,ihall be bailed and let out of priſon.
Two Citizens of Dublin, were by a Grand-Jury preſented to have commit-
' ted Treaſon, they deſired benefit of this Statute, that they might be let
our of priſon, upon tender of their Compurgators: The words of the Statute
of the 5th year of Edward 4th, in Ireland being obſcure, the Judges there being
not ſatisfied what to do, ſent the caſe over to the Queen, deſired the opinion of
the Judges here, which was done accordingly. The Judges here fent over their o-
pinion, which I have out of the Book of Juſtice Anderſon, one of the Judges conſult-
ed withal. The Judges delivered their opinion upon an Iriſla Statute, in Caſe of
Treaſon.
Ifit be objected, That in this caſe, the Judges here did not judge upon the
party; their opinions were only ad informandam Conſcientiam, of the Judges in
Ireland, that the
Judgment belonged to the Judges there.
My Lords, ( with ſubmillion) this and theother Authorities, prove, that for
which they were cited, that is that noabſurdity,no failure of Juſtice would enſue,
if this great Judicatory ſhould judge of Treaſon, fo made by an Irifle Statute..
'The Common-Law rules of Judging upon an Iriſh Statute; the Pleas of the
Crown for things of Life and Death, are the ſame here and there, this is all that
yet
hath been offered.
For
)
.
1
!
ܪ
179
1
I 6-41.
from the Scotch Rebellion to.tbe King's Murther.
For the Second point, That England hath no power of Judicature, for things
done in Ireland.
My Lords, the conſtant practice of all ages, proves the contrary.
Writs of Error in Pléas of the Crown, as well as in Civil Cauſes, have in all
Kings Reigns been brought here, even in the inferior Courts of Weſtminſter-Hall
upon Judgment given in the Courts of Ireland, the practice is ſo frequent, and ſo
well known, as that I ſhall cite none of them to your Lordihips, no preſident will,
I believe, be produced to your Lordſhips, that ever the Cafe was remanded back
again into Ireland, becauſe the queſtion aroſe upon an Iriſh Statute, or Cu-
ſton,
10
.
HI
RI
1
ի
14+
3
MI
4
*
ſocver.
Object. But it will be faid, that Writs of Error, are only upon failure of ju-
ſtice in Ireland, and that ſuits cannot originally be commented here for things *28. Hen: 8:16fp:6
done in Ireland, becauſe the Kings Writ runs not in Ireland.
Inish Statut
Anſiv. This might be a good Plea in the Kings-Bench, and inferior Courts at lo-forasmuchafter his land
Weftminster-Hall
; the queſtion is, Whether it befo in Parliament ? The Kings Irelanco Wherking's
Writ runs not within the County-Palatine of Chester and Durham, nor within properdomenion of
time, after the Laws of England were brought into Wales, in King Edw. the 1. England, an unit?
time, Suits were not originally commenced at Westminster-Hall for things done Kmity belonging to the
in them; yet this never excluded the Parliament-ſuits ; for Life, Lands, and
Goods within theſe juriſdictions, are determinable in Parliament, as well as in
Imperiallo two of the
any other parts of the Realm.
same heals, which
Ireland, as appears by the Statute
of the Thirtieth year of Henry 3. before- crown of toolf goly
clared in theſe words,
That Ireland is the proper
Dominion of England, and uni- lentirely
By the statute of the Eight and twentieth year of Hentis. in Ireland, it is de- itself is fully, hodiny
& pightfully
wholly and intirely endowed with all Power and Authority fufficient toyield to Londowe, fariste
the subjects of the ſame full
and plenary
remedy, in all Debates
and Suits whate with all pover, author
By the Statute of the Three and Eventieth year of Henry the 8th, the first srity v forze minenees
Chapter, when the Kings of England firſt aſſumed the Title of King of Ireland, cient tongie
elas
it is there Enacted, that Ireland ìtill is to be held a Crown annexed and united sensor to flessingular
So that by the fame reaſon
, from this that the Kings Writs run not in Ireland, subjsets of the same
it might as well be held, that the Parliament cannot originally hold Plea of
things done within the County-Palatine of Cheſter and Durham, nor within the
full splenapi ieremonies
Five Ports and Wales; Ireland, is a part of the Realm of England, as appears in all causes of stufo,
by thoſe Statutes, as well as any of them.
debate; contention on
This is made good by conſtant practice in all the Parliament Rolls, from the
first to the laſt there are Receivers, and Tryers of Petitions appointed for burtioso
, without any,
Ireland ; for the Irifle to come ſo far with their Petitions for Juſtice, and the huis ovocation or
Parliament not to have cognizance,' when from time to time they had in the
beginning of the Parliament, appointed Receivers and Tryers of them, is a
appeal, or any
thing not to be preſumed.
Thomas, Fe Treaſonable words there fpoken, before any Judgment given in n nu's towdy forrein
An Appel de oreleme, brought by William Lord Veſey, againt John Fitz Konverfoto de tras, made
Cafe there, was removed into the Parliament in England, and there the Defen-
dant acquitted, as appears in the Parliament Pleas of the Two and twentieth prince
The Suits for Lands, Offices, and Goods originally begun here are many
piritual a temporal:
and if queſtion grew upon matter in Fact, a Jury uſually ordered to try it, and
the Verdict returned into the Parliament; as in the Caſe of one Ballyben in the
2, 24 uniteta vlnit to
Parliament of the Five and thirtieth year of Edw. the i. If a doubt aroſe-upon
a matter tryable by Record, a Writ went to the Officers, in whole cuſtody The imperfalfoon
the Record remained, to certifie
the Record, as was in the Caſe of Robert of the healte of England
Bagott the fame Parliament, of the Five and thirtieth year of Edm: the i. where
the Writ went to the Treaſurer and Barons of the Exchequer...
Kristillati
331.8.af:/
or
or
footentate
year of Edip, 1.
Vol. II.
Aa 2
Sometimes
1
'
180 An Impartial Collection of all the memorable Events
1 641.
Ireland:
ing
Sometimes they gave Judgment here in Parliament, and commanded the
Judges there in Ireland to do execution, as in the great Caſe of Partition, between
the Copareners of the Earl-Marſhal in the Parliament of the Three and thirti-
eth of Edward the 1. Where the Writ was awarded to the Treaſurer of
My Lords, The Laws of Ireland were introduced by the Parliament of Eng-
land, as appears by. Three Acts of the Parliament before cited.
It is of higher juriſdiction Dare Leges, then to judge by them.
The Parliaments of England do bind in Ireland, if Ireland be particularly
mentioned, as is reſolved in the Book-Caſe of the
Firſt year of Henry the Se-
venth, Cook's Seventh Report, Calvin's Cafe ; and by the Judges in Trinity-
Term, in the Three and thirtieth year of Queen Elizabeth. The Statute of
the Eighth year of Edward the 4th, the firſt Chapter in Ireland recites, That it
was doubted amongſt the Judges whether all the Engliſla Statutes, though not
naming Ireland, were in force there? if named, no doubt.
From King Henry the 3d, his time downwards, to the Eighth year of Queen
Elizabeth (by which Statute it is made Felony to carry Sheep from Ireland be-
yond Seas ) in almoſt all theſe Kings Reigns, there be Statutes made concern-
Ireland. The exerciſing of the Legiſlative Power there, over their Lives
and Eſtates, is higher than of the Judicial in queſtion : until the 29th year of
Edward the 3d; erroneous Judgments given in Ireland, were determinable no
where but in England, no, not in the Parliament of Ireland, as it appears in
the cloſe Rolls in the Tower, in the 29th year of Edward the 3d. Memb. 12,
Power to examine and reverſe erroneous Judgments in the Parliaments of Ire-
land is granted; from hence, Writs of Error lye in the Parliament here upon
erroneous Judgments, after that time given in the Parliaments of Ireland, as ap-
pears in the Parliament Rolls, of the Eighth year of Henry the 6th, No 70. in
the Caſe of the Prior of Lenthan. It is true, the Caſe is not determined there,
for it's the laſt thing that came into the Parliament, and could not be determin-
ed for want of time, but no exception at all is taken to the Juriſdiction.
The Acts of Parliament made in Ireland, have been confirmed in the Parlia-
ments of England, as appears by the cloſe Rolls, in the Tower, in the Two and
fortieth year of Edward the 3d. Memb. 20. Dorfo: where the Parliament in
Ireland, for the preſervation of the Countrey from Iriſh, who had almoſt de-
ſtroyed it, made an Act, That all the Land-Owners, that were Engliſli, ſhould
reſide upon their Lands, or elſe they were to be forfeited, this was here con-
firmed.
In the Parliament of the Fourth year of Henry the sth. Chap. 6. Acts of Par-
liament in Ireland are confirmed, and ſome priviledges of the Peers in the Par-
liaments there are regulated.
Power to repeal Iriſh Statutes, Power to confirm them, cannot be by the
Parliament here, if it hath not cognizance of their Parliaments; unleſs it be
faid, that the Parliament may do, it knows not what.
Garnſey and Jerſey are under
the Kings ſubjection, but are not parcels of the
Crown of England, but of the Duchy of Normandy, they are not governed by
the Laws of England, as Ireland is, and yet Parliaments in England have uſually
held Plea of, and determined all Cauſes concerning Lands or Goods. In the
Parliament, in the 33 Edward 1. there be Placita de Inſula Jerſey. And ſo in
the Parliament, 14 Edm. 2. and ſo for Normandy and Gaſcoigne, and always as
long as any part of France was in ſubjection to the Crown of England, there
were at the beginning of the Parliaments, Receivers and Tryers of Petitions,
for thoſe parts appointed.
I believe your Lordſhips will have no Cafe ſhewed of any Plea, to the Juriſ
diction of the Parliaments of England, in any things done in any parts whereſo.
ever in ſubjection to the Crown of England.
The laſt thing I ſhall offer to your Lordſhips is, the Caſe of 19 Eliz. in my
Lord Dyer,306. and Judge Crompton's Book of the Juriſdiction of Courts fol. 23.
The opinion of both theſe Books is, That an Iriſlı Peer is not Tryable here,
it's true, a Scotch or French Nobleman is Tryable here, as a common perſon;
the Law takes no notice of their Nobility, becauſe thoſe Countreys are not
governed by the Laws of England; but Ireland being governed by the ſame
Laws,
1
+
1
1
.
1
5
1
L
from the Scotch Rebellion to the King's Murther.
181
1641
/
1
ment.
.
L'u
.
!
.
Laws, the Peers there are Tryable according to the Law of England only, per
parer,
By the ſame reaſon, the Earl of Strafford not being a Peer of Ireland, is not
tryable by the Peers of Ireland; ſo that if he be not tryable here, he is tryable no
where.
My Lords, In caſe there be a Treaſon and a Traytor within the Statute, and
that he be not tryable here for it, in the ordinary way of Judicature, if
that juriſdiction fail, this by way of Bill doth not; Attainders of Treaſon
in Parliament, are as legal,, as uſual by Act of Parliament, as by Judg-
I have now done with the Statutes 25 Edw. 3. and 18 Hen. 6, My Lord of
Strafford hath offended againſt both the Kingdoms, and is guilty of High-Trea-
fon by the Laws of both.
My Lords, In the fifth place, I am come to the Treaſons at the Common-Law,
the endeavouring to ſubvert the Fundamental Laws and Government of the
Kingdom, and to introduce an Ațbitrary and Tyrannical Government,
In this I ſhall not at all labour to prove That the endeavoyring by Words, Coun-
ſels and Actions, to ſubvert the Laws,is Treaſon at the Common-Law, if there be
any Common-Law Treaſons at all left; nothing is Treaſon, if this be not, to
make a Kingdom ng Kingdom; take the Polity and Government away, England is
buta piece of Earth, wherein ſo many men have theip Commorancy and abode,
without ranks or diſtinction of men, withont property in any thing further
than poſſeſſion ; no Law to puniſh the Murthering, or robbing one another.
That of 33 Hen. 8. of introducing the Imperial Law, ſticks not with your
Lordſhips ; it was in caſe of an Appeal to Rome; theſe Appeaļs în Caſes of Mar-
riages, and other cauſes counted Eccleſiaſtical, had been frequent, had in moſt
Kings Reigns been tolerated; ſome in times of Popery put a conſcience upon
them; the Statutes had limited the penalty to a Prenunire only, neither was
that a total ſubverſion, only an Appeal from the Ecclcfiaftical Court here in a
ſingle Cauſe, to the Court of Rone; and if Treaſon or not,that Caſe proves
not a Treaſon may be puniſhed as a Felony: a Felony as a Treſpaſs, if his Ma-
jeſty ſo pleaſe ; The greater includes the leſs in the Cafe of Premurire : in the
Iriſh Reports, that which is there declared to be Treaſon, was proceeded upon
only as a Pranunire.
The things moſt conſiderable in this is, Whether the Treaſons at Common-
Law, are taken away by the Statute of 25 Edm. 3. which is to ſpeak againſt
both the direct words and ſcope of that Statute,
In it there's this clauſe, That becauſe many other like Caſes of Treaſon might fall
ouf, which are not there declared; therefore it is enacted, That if any ſuch caſe come
before the Judges, they ſhall not proceed to Fudgment, till the Caſe be declared in Par-
liament, whether it ought to be adjudged Treaſon or not.
Theſe words, and the whole ſcope of that Statute ſhews, that it was not the
meaning to take away any Treaſons that were ſo before, but only to regulate
the Juriſdiction and manner of Tryal. Thoſe that were ſingle and certain
Acts, as conſpiring the Kings Death, Levying War, Counterfeiting the Money,
or Great-Seal, Killing a Judge; theſe are left to the ordinary Courts of Juſtice :
The others not depending upon ſingle Aets, but upon conſtructions and neceſ-
ſary Inferences, they thought it not fit to give the inferior Courts ſo great a la-
titude here, as too dangerous to the Subject, thoſe they reſtrained to the Par-
liament.
This Statute was the great ſecurity of the Subjects, made with ſuch wiſdom,
as all the ſucceeding Ages have approved it; it hath often paſſed through the Fur-
nace, but like Gold, hath left little or nothing.
The Statute of the Firſt H. 4. Cap. 10. is in theſe words, Whereas in the Para
liament held the 21 year of Richard the 2. divers pains of Treaſon were ordained,
inſomuch that no man did know how to behave himſelf, to de, Jay, or ſpeak! It is
accorded that in no time to come, any Treaſon be adjudged otherwiſe, than it was ordained
by the Statute of 25th of Edw. 3.
It hath been ſaid, "To what end is this Statute made, if it takes not away the
Common-Law
Treaſons remaining after the Statute of the 25th of Edp. 3?
There
"
1
2
-
182
An Impartial Collection of all the memorable Events
4
1041
H.
I
There be two main things which this Statute doth; Firſt, it takes away for
the future all the Treaſons, made by any Statute ſince 25 Edm. 3. to the i H. 4.
even to that time ; for in reſpect, that by another Act in that Parliament, the
Statute of 21 Rich. 2. was repealed, it will not be denyed, but that this Statute
repeals more Treaſons than theſe of the 21 R. 2. It repcals all Statute-Treaſons
but thoſe in 25 Edw. 3.
Secondly, It not only takes away the Statute-Treaſons, but likewiſe the decla-
red Treaſons in Parliament, after the 25th of Edw. 3. as to the future, after
Declaration in Parliament, the inferior Courts might judge theſe Treaſons; for
the Declaration of a Treaſon in Parliament after it was
made, was ſent to the
inferior Courts, that toties quoties the like Caſe fell out, they might proceed
therein, the Subject for the future, was fecured againſt theſe ; ſo that this Sta-
tute was of great uſe.
But by the very words of it, I ſhall refer all Treaſons to the proviſion of 25
Edw. 3. it leaves that entire, and upon the old bottom. The Statute of 1 Queen
Mary Cap. 1. faith, That no offences made Treaſon by any Act of Parliament,
ſhall thenceforth be taken or adjudged to be Treaſon, but only ſuch as be decla-
red and expreſſed to be Treaſon by the Statute of 25 Edw. 3. Coxcerning Treaſon,
or Declaration of Treaſon, and no others : And further provides,That no pains of
Death, penalties, or forfeiture in any wife ſhall enſue, for Committing any Treaſon;
other than ſuch as be in the Statute of 25 Edw. 3. ordained and provided, any Act of
Parliament, or any Declaration or matter to the contrary,in any wiſe notwithſtanding,
By the firſt of this Statute, only offences made Treaſon by Act of Parliament,
are taken away, the Common-Law-Treaſons are no ways touched, the words
[ And no others ] refer ſtill to offences made Treaſon by Act of Parliament;
they reſtrain not to the Treaſons only, particularly mentioned in the Statuté
in the 25th Edw. 3. but leave that Statute entire to the Common-Law-Treaſon,
as appears by the words immediately foregoing.
By the Second Part, for the pains and forfeitures of Treaſons, if it intend
only the puniſhment of Treaſon, or if it intend both Treaſon and Puniſhment,
yet'all is referred to the Proviſion and Ordinance of 25. Edm. 3. any Act of Par-
liament, or other Declaration, or thing notwithſtanding.
It faith not, other then ſuch Penalties of Treaſons, as are expreſſed and de-
clared in the Statute of 25 Edid. 3. that might perhaps have reſtrained it to thoſe
that are particularly mentioned, no, it refers all Treaſons to the general Ordi-
nation and Proviſion of that Statute wherein the Comon-Law-Treaſons
are expreſly kept on Foot.
If it he Asked, What good this Statute doth, if it take not away the Com-
mon-Law Treaſons?
1. It takes away all the Treaſons made by Act of Parliament, not only ſince
the firſt of Hen. 4. which were many, but all before i Hen. 4. even until the
25 E. 3. by expreſs words.
2. By expreſs words, it takes away all declared Treaſons, if any ſuch had
been in Parliament ; Thoſe for the future are likewiſe taken away, ſo that
whereas it might have been doubted, whether the Statute of the i H. 4. took
away any Treaſons, but thoſe of the 22d, and 23d years of R. 2. This clear's
it, both for Treaſons made by Parliament, or declared in Parliament, even to
the time of making the Statute.
This is of great uſe, of great ſecurity to the Subject; fo that, as to what
ſhall be Treaſon, and what not, the Statute of 25 €. 3. remains entire, and ſo
by conſequence the Treaſons at the Common-Law.
Only, my lords, it may be doubted, whether the manner of the Parliamenta-
ry proceedings, be not altered by the Statute of 1 H. 4. Chap. 17. and more
fully in the Parliament Roll, Number 144; that is, whether ſince that Statute
the Parliamentary Power of Declaration of Treaſons, whereby the inferior
Courts Receive Juriſdiction, be not taken away and reſtrained only to Bill,
that ſo it might operate no further, then to that particular contained in the Bill,
that fo the Parliamentary Declarations for after-times, ſhould be kept within
the
2
2
$
1
1
1
1
1
I
4
".
1
from the Scotch Rebellion to the King's Murther.
183
I'6
4
I.
4
1
the Parliament it ſelf, and be extended (no further : Since 1 H. 4. we have not
found any ſuch Declarations made, but all Attainders of Treaſon have been by
Bill?
If this be fo, yet the Common-Law Treaſons ſtill remaining, there is one
and the ſame ground of reaſon and equity ſince the 1 H.4. for paſſing a Bill of
Treaſon, as was before, for declaring of it without Bill.
Herein the Legiſlative power is not uſed againſt my Lord of Strafford in the
Bill, its only the Juriſdiction of the Parliament.
But, my Lords, becauſe that either through my miſtaking of the true grounds
and reaſons of the Commons, or my not preſſing them with apt agreements,
and preſidents of former times, or that perchance your Lordſhips, from ſome
other Reaſons and Authorities, more ſwaying with your Lordſhips Judgments,
then theſe from them, may poſſibly be of a contrary or dubious opinion, con-
cerning theſe Treaſons, either upon the Statutes of 25 E. 3. & 18 H.6. or at
the Common-Law.
My Lords, if all theſe five ſhould fail, they have therefore given me further
in Command, to declare to your Lordſhips ſome of their Reaſons, why they
conceive that in this caſe, the meer Legiſlative Power may be exerciſed.
Their Reaſons are taken from theſe three grounds ;
*
{
1
1. From the nature and quality of the Offence.
1
2. From the Frame and Conſtitution of the Parliament, wherein this Law is
made.
3. From Practices and Uſages of former times.
The horridneſs of the Offence , in endeavouring the overthrowing the
Laws and preſent Government, liath been fully opened to your Lordſhips here-
tofore.
The Parliament is the Repreſentation of the whole Kingdom , wherein the
King as Head, your Lordſhips as the moſt Noble, and the Commons the other
Members, are knit together into one Body Politick ; This diſſolves the Arte-
ries and Ligaments that hold the Body together, the Laws; He that takes away
the Laws, 'takes not away the Allegiance of one Subject alone, but of the whole
Kingdom.
It was made Treaſon by the Statute of 13 Eliz.for Her time,to aſſirm,that the
Laws of the Realm do not bind the Deſcent of the Crown; no Law, no Def-
1
cent at all.
No Laws, no Peerage; no Ranks of Degrees of men; the ſame condition
to all.
It's Treaſon to kill a Judge upon the Bench ; this kills not Judicem, ſed Fudi-
ciuin; He that borrowed Apelles, and gave Bond to return again Apelles the
Painter, ſent him home, after he had cut off his Right Hand; his Bond was
broken; Apelles was fent, but not the Painter. There are Twelve Men, but
no Law; there's never a Judge amongſt them.
It's Felony to Imbezle any one of the Judicial Records of the Kingdom ; this
at once Sweeps them all away, and from all.
It's Treaſon to Counterfeit a Twenty ſhillings piece, here's a Counterfeiting
of the Law; we can call neither the Counterfeit, nor true Coin, our
It's Treaſon to Counterfeit the Great-Seal for an Acre of Land; no property
hereby is left to any Land at all; nothing Treaſon now, either againſt King
or Kingdom ; no Law to puniſh it.
My Lords, If the Queſtion were Asked at Weſtminſter-Hall, whether this
were a Crime puniſhable in Star-Chamber, or in the Kings-Bench, by Fine or
Impriſonment ? they would ſay it went higher : If whether Felony ? they
would ſay, that's for an Offence only againſt the Life, or Goods of ſome one
or few perſons ; It would, I believe, be anſwered by the Judges, as it was by
the Chief Juſtice Thurning in 21 R. 2. that though he could not Judge the Caſe
Treaſon there before him, yet if he were a Peer in Parliament he would fo Ad-
own.
i
judge it.
My
2
T
1
:
)
1
+
i
184
An Impartial Colle&tion of all the memorable Events
My Lords, if it be too big for thoſe Courts, we hope it's in the right way
I 6 41
here.
:
ren.
no Law
2. The ſecond Conſideration is from the Frame and Conſtitution of the
Parliament; the Parliament is the great Body Politick, it comprehends all
from the King to the Beggar ; if ſo, My Lords, as the Natural, fo this Body,
it hath power over it ſelf and every one of the Members, for the preſervation of
the whole ; It's both the Phyſitian and the Patient; If the Body be diſtemper-
ed, it hath power to open a Vein, to let out the corrupt blood for curing it felf
;
if one Member be Poyſoned or Gangred, it hath power to cut it off for the
preſervation of the reſt.
But, my Lords, it hath often been inculcated, that Law-makers ſhould imi-
tate the Supreme Law-giver, who commonly warnes before he ſtrikes. The
Law was promulged before the Judgment of death for gathering the Sticks. No
Law, no Tranſgreſſion.
My Lords, To this rule of Law is Fruſtra legis auxilium invocat, qui in legem
committit, from the Lex talionis; he that would not have had others to have a
Law, Why ſhould he have any himſelf? Why ſhould not that be done to him,
that himſelf would have done to others?
It's true, we give Law to Hares and Deers, becauſe they be Beaſts of Chaſe;
It was never accounted either cruelty or foul play, to knock Foxes and Wolves
on the head, as they can be found, becauſe theſe be Beaſts of Prey. The War-
rener ſets Traps for Polcats and other Vermine, for preſervation of the War-
Further, my Lords, moſt dangerons Diſeaſes, if not taken in time, they
kill; Errors, in great things, as War and Marriage, they allow no time for re-
pentance; it would have been too late to make a Law, when there had been
My Lords, for further Anſwer to this Objection, he hath offended againſt a
Law, a Law within the endeavouring to ſubvert the Laws, and Polity of the
State wherein he lived, which had ſo long, and with ſuch faithfulneſs protected
his Anceſtry, Himſelf and his whole Family : It was not Malum quia prohibitum,
it was Malum in fe, againſt the Dictates of the dulleſt Conſcience, againſt the
Light of Nature, they not having a Law, were a Law to themſelves.
Beſides this, he knew a Law without, that the Parliament, in Caſes of this
Nature, had Poteſtatem vitæ & necis.
Nay,' he well knew, that he offended the Promulged and Ordinary Rules of
Law.Crimes againſt Law have been Proved,have been Confeſſed; ſo that the
Queſtion is not De culpa, ſed de pæna, What degree of Puniſhment thoſe Faults
deſerve? We muſt differ from him in Opinion, That twenty Felonies cannot
make a Treaſon, if it be meant of equality in the uſe of the Legiſlative Power;
for he that deſerves death for one of theſe Felonies alone; deſerves a Death
more painful, and more Ignominious for all together.
Every Felony is puniſhed with loſs of Life, Lands and Goods; a Felony may
be aggravated with thoſe Circumſtances, as that the Parliament with good rea-
ſon
may
add to the Circumſtances of Puniſhment, as was done, in the caſe of
John Hall
, in the Parliament of the 1 H. 4. who, for a Barbarous Murder,
committed upon the Duke of Gloceſter, ſtifling him between two Feather-Beds
at Calice, was adjudged to be Hanged, Drawn and Quartered.
Batteries by Law are only puniſhable by Fine, and ſingle Damages to the
Party Wounded.
In the Parliament held in 1 H. 4. Cap. 6. one Savage committed a Battery
upon
one Chedder, Servant to Sir Fobn Brooke, a Knight of the Parliament for
Somerſetſsire. It's there Enacted, that he ſhall pay double Damages, and ſtand
Convicted, if he render not himſelf by ſuch a time. The manner of proceed-
ings quickned, and the penalty doubled; the Circumſtances were conſidered, it
concerned the Common-Wealth, it was a Battery with Breach of Priviledge of
Parliament.
This is made a perpetual Act: no warning to the firſt Offender: and in
the Kings-Bench as appears by the Book-Cafe of 9 H. 4. the firſt leaf, Double
Daniages were recovered.
My
1
+
1
1
.:
1
.
T
185
2
1 641.
17
24
1
1
...
from the Scotch Rebellion to the King's Murther.
My Lordsy in this of the Bill, the Offence is High and General, againſt the
King and the Common-wealth, againſt all, and the beſt of all.
If every Felony be loſs of Life, Lands and Goods; What is Miſuſer of the
Legiſlative Power, by Addition of Ignominy, in the Death and Diſpoſal of
the Lands to the Crown, the Publick Patrimony of the Kingdom ?
But it was hoped, that your Lordſhips had no more skill in the Art of killing
Men, then your worthy Anceſtors.
My Lords, this Appeal from your felves to your Anceſtors we do admit
of, although we do not admit of that from your Lordihips to the Peers of Ire-
land.
He hath Appealed to them; your Lordſhips will be pleaſed to hcar, what
Judgment they have already given in the caſe, that is, the ſeveral Attainders
of Treaſon in Parliament ; after the Statute of 25 E. 3. for Treaſons not men-
cioned, nor within that Statute, and thoſ: upon the firſt Offenders without
warning given.
By the Ştatate of 25 E. 3. it's Treaſon to levy War againſt the King ; Go-
mines and Weſton afterwards in Parliament, in the i R. 2. n. 38, 39. adjudged
Traytors for ſurrendring two ſeveral Caſtles in France, only out of fear, with-
out any Compliance with the Enemy; this not within the Statute of 25th E. 3.
My Lords, In the 3d year of Rich. 2d. Fohn Imperiall that came into England
upon Letters of Safe Conduct, as an Agent for the State of Genoa, ſitting in
the evening before his door, in Breadstreet (as the words of the Records are )
Paulo ante ignitegium ; John Kirkby, and another Citizen coming that way, Ca-
ſually Kirkby troad upon his Toe, it being twilight, this grew to a Quarrel,
and the Ambaſſador was flain; Kirkby was Indicted of High-Treaſon, the
Indictment finds all this, and that it was only done ſe defendendo,and without
malice.
The Judges, it being out of the Statute 25 E. 3. could not proceed ; the
Parliament declared it Treaſon, and Judgnient afterwards of High-Treaſon :
there's nothing can bring this within the Statute of 25 E. 3. but it concerns the
Honour of the Nation, that the publick Faith ſhould be ſtrictly kept : It might
endanger the Traffique of the Kingdom; they made not a Law firſt they made
the firſt man an Example; this is in the Parliament Roll 3 R. 2. Nirmber 1š. and
Hillary-Term, 3 R. 2. Rot. 31. in the Kings-Bench, where Judgment is given
againit him.
In 11 R. 2. Treſilian, and ſome others, attainted of Treaſon for delivering
Opinions in the Subverſion of the Law, and ſome others for plotting the like.
My Lords, the Caſe hath upon another occaſion been opened to your Lord-
ſhips, only this is obſervable, that in the Parliament of the firſt ycar of Henry
the Third, where all Treaſons are again reduced to the Statute of 25 E. 3.
Theſe Attainders were by a particular Act confirmed and made good, that the
memory thereof might be tranſmitted to ſucceeding Ages, they ſtand good unto
this day; the offences there as here , were the endeavouring the Subverſion of
the Laws.
My Lords, after the 1H. 4. Sir Fohn Mortimer being committed to the Tower,
upon fufpition of Treaſon, brake Priſon, and made his eſcape; This is no
way.
within any Statute, or any former Judgment at Common-Law for this, that
is, for breaking the Priſon only, and no other cauſe ; in the Parliament held
the ſecond year of Henry the Sixth, he was attainted of High-Treaſon by Bill.
My Lords, Poyſoning is only Murder, yet one Richard Cooke having pur Poy-
ſon into
a Por of Pottage in the Kitching of the Biſhop of Rochester, whereof
two perſons dyed, he's Attainted of Treaſon, and it was Enacted, that he
ſhould be Boyled to death by the Statute of 22 H. 8.
By the Statute of the 25. H. 8. Elizabeth Bartop the Holy Maid of Kent, for
pretending Revelations from God, That God was highly diſpleaſed with the
King, for
being divorced from the Lady Catherine, and that in caſe he periſhed
in the ſeparation, and ſhould marry another, that he would not continue King
not above one month after, becauſe this tended to the depriving of the Lawful
Succeſſion to the Crown She is attainted of Treaſon.
My Lords, All theſe Attainders for ought I know, are in force at this Day,
the Statutes of the 1 year of H. 4. and the s of Queen Mary, although they
Vol. II.
Вь
1
.
C. 9.
were
1
+
1
1
I'm " !
7
J
1
.
L
.
186 An Impartial Collection of all the memorable Events
I 641. were willing to make the Statute of 25 E. 3. the Rule to the Inferior Courts, yet
they left the Attainders in Parliament precedent to themſelves untoucht, wherein
the Legiſlative Power had been exerciſed; there is nothing in them whence it
can be gathered but that they intended to leave it as free for the future, and
my Lords, in all theſe Attainders there were crimes and offences againſt the Law,
they thought it not unjuſt (Circumſtances conſidered) to heighten and add to
the degrees of puniſhment and that upon the firſt Offender.
My Lords, we receive as juſt, the other Laws and
Statutes made by theſe our
Anceſtors, they are the Rules we go by in other Caſes, why ſhould we differ
from them in this alone? Theſe my Lords are in part thoſe things which have
fatisfied the Commons in paſſing the Bill, it is now left to the Judgment and
Juſtice of your Lordſhips.
To which the Earl made no reply, but lifting up his hands to Heaven,
to atteſt his Innocence, and Petition Protection and a more Juſt and E-
quitable Sentence there, he ſeemed to expreſs greater Eloquence by his
Silence, then the other had done by his Prolix Diſcourſe.
However, that he might not ſeem wanting to himſelf
, upon Friday
Friday,
he Peritioned the Lords, That he might be keard again in point of Law to
April 30.
make his Defence againſt the Bill of Attainder ; but it was denied him.
The next Day being Saturday, the King went down to the Houſe of
Lords, and having ſent for the Commons, he made this following Speech
to both the Houſes.
th
-
The Kings
Speech to
both Houſes
i
4
My Lords, and Gentlemen,
Had not any intention to ſpeak of this buſineſs, which cauſes me to come
1
here to day, which is the great impeachment of the Earl of Strafford;
concerning the But now it comes to paſs
, that of neceffity
, I muſt have part in that Judg-
ment: I am ſure you all know that I have been preſent at the Hearing of this
ford, April 30
great buſineſs, from the one end to the other ; that which I bave to declare
unto
you is ſhortly this.
That in my Conſcience I cannot condemn him of High Treaſon, It is not
fit for me to argue the buſineſs, I am ſure you will not expect it. A Poſitive
Doctrine beſt comes out of the mouth of a Prince ; Yet I muſt tell you Three
great Truths, which I am ſure no body can know ſo well as my ſelf.' 1. That
I never had any intention of bringing over the Iriſh Army into England, nor
ever was adviſed by any body go to do. 2. There never was any Debate be-
fore me, neither in publick Council, nor at private Committee, of the Diſloy-
alty, and Diſaffection of my Engliſh Subjects
, nor ever had I'any fufpition
of them. 3. I was never Counſell d by any, to alter the leaſt of any of the
Laws of England, much leſs to alter all the Laws; Nay, I muſt tell
you
this, I think no body durst be ever ſo impudent to move me in it, for if
they had, I ſhould have put a Mark upon them, and made them ſuch an Ex-
ample, that all Poſterity ſhould know my intention by it; for my intention,
was ever to Govern according to the Law, and no otherwiſe.
I deſire to be rightly underſtood, I told you in my Conſcience I cannot Cona
demn him of High Treaſon ; yet I cannot ſay I can clear him of miſdemea-
nor: Therefore I hope that you may find a way, for to ſatisfie Juſtice and
your own Fears
, and not to preſs upon my Conſcience. My Lords, I hope you
know what a tender thing Conſcience is. Tet I muſt declare unto
you,
That
to ſatisfy my People I would do great matters. But in this of Conſcience, no
fear, no reſpect whatſoever, ſhall ever make me go againſt it. Certainly, I
have not ſo ill deſerved of the Parliament at this time, that they ſhould preſs
/
-
t
1
me
,
Y
1
:-
1
1
T
187
will go
1 6.4.1.
it.
11
from the Scotch Rebellion to the King's Murtber.
me in this tender point, and therefore. I cannot expect that you
about
Nay, I muſt confeſs for matter of miſdemeanor, I am ſo clear in that,
that though I will not chalk out the way, yet let me tell you, that I do think
my Lord of Strafford, is not fit hereafter to ſerve me or the common-wealth
in any Place of Trust, no not ſo much as to be a High Conſtable: Therefore
I leave it to you my Lords, to find ſome ſuch way as to bring me out of this
great ſtreight, and keep your Selves and the Kingdom from ſuch Inconvenien-
ces. Certainly, he that thinks him guilty of High Treaſon in his Conſcience
Condemn him of Miſdemeanor.
។
H
1
r
4
(
ELE
1
may
1
Jr
Hi I
Eus
i
3
The Houſe of Commons were ſo ſtartled and galled with this Speech,
that immediately upon their return to their Houſe, they cryed Adjourn,
Adjourn; which they did in the greateſt diſcontent imaginable: for
they thought they liad brought the King to a Concedimus omnia, and
therefore finding themſelves under this Miltake, they betook themſelves
to new Arts, and to effect that by the power of Tumults, which they
thought themſelves out of the hopes of obtaining in a Regular Method.
All that tlie King got by this free Declaration of himſelf in favour of the
Earl was, to loſe much of the affections of the People, whether he
ſhould paſs the Bill or deny it. For if he paſſed it then it was to be im-
puted to the Neceſſity of his Affairs, not his Inclinations to the good of
his Subjects; and if he denied it, then it muſt have been eſteemed a
Denyal of Juſtice to his people.
The firſt beginning of theſe tumultuarie Diſorders was upon Thurs- The Tumulo
day before, when a great many Apprentices, and looſe People befet about the spe-
the Spaniſh Embaſſador's Houſe in Biſhop-Gate, threatning to pull down dor
.
the Houſe, and kill the Ambaſſador. To' appeaſe the Tumult, the Lord
Mayor of London came among them, and not without a great deal of
Difficulty perſuaded them to retire. After he had pacified the Multi-
tude, the Lord Mayor went into the Houſe; at his Entrance the Am-
baſſador met him, and deſired him to drop the point of his Sword which
was carried before him, acquainting him, That he was now in a place
where the King of Spain had Juriſdiction. That being done, he told my
Lord Mayor, That in all his life he had not ſeen a more barbarous attempt,
and deſired to know whether England was a civilized Nation or not, where
the Law of Nations was ſo horribly violated: The Lord Mayor replied,
That they were of the Baſe and inferior fort of the People, and intreated the
Tumult might not be imputed to the City. To whom the Ambaſſador
tartly returned, That he could ſcarce tell how. to acknowledg that to be a
City, or almoſt a Society of Men, where there was ſo little Civility and Go-
vernment. The Mayor told him, The People were diſcontented becauſe
Maſs was publiquely ſaid in his Houſe. The Ambaſſador replied, That the
Engliſh Ambaſador had without diſturbance the free Exerciſe of his Reli-
gion at Madrid, and that he would rather loſe his life, then the Priviledges
due to him by Paštion and the Laws of Nations
. The Mayor replied, That
the People were the more incenſed against him, becauſe the Londoners who
were of the Popiſh Religion, were permitted to frequent his Houſe
which was contrary to Law. To this the Ambaſſador faid, That if the
Mayor would keep them out, he would ſend for none of them ; but if they came
within his Doors, he could'neither in Conſcience to his Religion, or Honour
to his Master, deny them either acceſs to his Devotions, or protection to
their perſons ſo far as in him lay. In ſhort, a Guard was appointed to
Vol. II
Bb 2
attend
1
ki
1
1
at Maſs,
1
1
d'
i.
6
i
t
7
.
1
}
I
1
-1
188 An Impartial Collection of all the memorable Events
1 641.
attend his Houſe to prevent further inconveniences, and to keep the Am-
baſſador from Affronts, and the People from frequenting Mals.
But this Storm was no ſooner over, but upon Monday it began to riſe
again with far greater horror and Impetuofity, and it muſt be imputed to
the Artifice of the Earl of Strafford's Enemies, who by this means were
reſolved to terrifie the Lords into a Compliance ; for in truth the Bill of
Attainder went on very ſlowly in the Lords Houſe, and had they not
been driven from their Houſe by the Infolence and Menaces of the. Tu-
mults, it had never come to the Royal Aſſent. To quicken ſome there
fore, and affright others, 5 or 6000 Porters, Carr-men and other Diſſolute
and Rude Fellows aſſembled upon Monday after the Noiſe of the King's
Speech was bruited abroad the Town; and having filled the 'Pallace
Yards, and poſted themſelves at all the Entrances to the Parliament-
Houſe, they ſtopped every Coach, crying out, Juſtice and Execution ;
and upon a ſign given that Fuſtice and Execution was the noble Word,
they ſent forth ſuch hideous Cries, as were enough to create amazement
in perſons of the greateſt Conftancy. The Lord
Steward coming by, his
Coach was ſtoppd, and ſome of the moſt inſolent ſtepping to him, de-
manded of him Fuſtice and Execution, and told him, Juſtice they had al-
ready, Execution they deſired, and would have it. He anſwered them,
They ſhould have Juſtice, if they would have Patience. To which they
replied, No, they had already had too much Patience, longer we will not
Stay; and before you part from us, we will have a promiſe of Execation. He
told them he was going to the Houſe for that purpoſe, and that he would
Endeavour to content them. Whereupon ſome of them cried, We will
take his word for once; and ſo with difficulty enough he got to the
Houſe.
The Lords ſate till Twelve of the Clock, and moſt of them went back
by Water; and when the Lord Chamberlain, the Earl of Holland came
out to take Coach, they redoubled their Cry, and coming up to the Earl
of Briſtol's Coach, ſome of them told him; For You my Lord of Briſtol,
we know you are an Apoftate from the Cauſe of Chriſt, and our Mortal Enemy,
we do not therefore crave Juſtice from Tou, but ſhall ſhortly crave Fuſtice upon
Tou, and your falfe Son the Lord Digby.
Nor did they ſtop here, but having gotten a Liſt of thoſe who voted
againſt the Bill of Attainder in the Houſe of Commons, they paſted up
their Names at the Corner of the Wall of Sir William Brunkard's Houſe
in the Old Pallace-Yard, giving them the Title of Enemies of Juſtice,
and Straffordians; adding withall this inſolent Menace, That theſe and all
other
. Enemies of the Commonwealth ſhould periſh with Strafford.
This Popular Revenge however has done this kindneſs to thoſe Gen-
tlemen, who durſt ſo boldly adventure the Protection of Innocence, that
it has conveyed their Names down to Pofterity; which in after Ages
will look upon them with the greater Honour and Veneration for the
Indignity put upon them by the Rude Multitude. They were theſe,
The Lord Digby, Sir Henry Slingsby, Serjeant Hide,
Lord Compton,
Sir William Portman, Mr. Tayler,
Lord Buckhurſt, Mr. Gervas Hollis,
Mr. R. Weſtos,
Sir Robert Hatton, Mr. Sydney Godolphin, Mr. Griffith,
Sir Thomas Fanſhaw,
Mr. Cook,
Sir Edward Alford,
Mr. Bridgman
Nicholas Slanning
Mr. Kirton;
Dr.
Solution
T
:
:
1
Mr. Scawen,
Mr. Coventry,
1
Mr. Fettyplace,
I
1
.
W
from the Scotch Rebellion to the King's Murther. 189
I 641.
1
Dr. Turnor,
Mr. Pollard,
Sir Thomas Danby, Mr. Price,
Sir George Wentworth, Mr. Trevanion,
Sir Frederick Cornwallis, Mr. Jean.
Sir William Carnaby,
Mr. Edgcomb,
Sir Richard Winn,
Mr. Ben. Weſton,
Sir Gervas Clifton,
Mr. Selden,
Sir Will.Widdrington,
Mr. Alford,
Sir William Pennyman, Mr. Lloyd,
Sir Patricius Curwin, Mr. Herbert,
Sir Richard Lee,
Captain Digby,
Mr. Charles Price,
Dr. Parry,
Mr. R. Arundel,
Mr. Newport,
Mr. Nowel,
Mr. Chichley,
Mr. Mallorey,
Mr. Porter;
Mr. White,
Mr.Waridick.
{
1
L'
non
1
Nor were they ſatisfied or reſted here, but one among the reſt proceeded
to the height of Impudence, crying out, as it was affirmed, if we have
not the Lieutenant's Life, we will have the King's : and however the mat-
ter was paſſed over, yet I find ſome traces of it, and the Examination of
one Lilburn for dangerous words, before the Lords, who upon his ſaying
that he only repeated what he heard ſome perſons ſay whom he did not know,
was diſcharged for the preſent, but the Cauſe ordered to be retained in
the Houſe. And moſt certainly they had ſome great Perſons who ſtood
behind the Curtain and animated theſe Diſorders; for all this while the
Houſe of Commons fate cloſe as if there had been no diſturbance; and
while theCommotion was at the height,they were hatching the Proteſta-
tion, the Bill for perpetuating the Parliament during the pleaſure of the
Two Houſes; and buſie upon the Diſcovery of a ſtrange Plot by a few
Young Gentlemen to bring ap the Army; and indeed laying the Foun-
dations of all the Miſeries of a Future Rebellion.
Upon Tueſday May the Fourth, there was a Conference between the
Tueſday,
Houſes, where the Lord Privy Seal acquainted the Commons with a May 4
Meſſage from the King and Council, wherein His Majeſty takes Notice of
the Tumults, and that it is His Majeſties Pleaſure that both Houſes take
it into Confideration, that ſome ſpeedy Courſe may be taken to ſettle Peace
and prevent the like Diſorders for the Future : He repreſented to them,
That it was the great hinderance of their paſſing the Bill of Attainder, their
Lordſhips being ſo encompaſſed with multitudes of People, that they could
not be conceived to.be free. But notwithſtanding all this, the Commons
took no notice of them, ſo that the Connivence it ſelf was the ſame
thing with an Encouragement.
His Lordſhip alſo acquainted them with a Petition or ſomething like
one, which the Lords had received from the Multitudes that flocked to-
gether; which being ſo like Mr. Pym's Speech, to Uſher in the Proteſta
tion and Perpetual Bill, give occaſion to believe they were Arrows of the
fame Quiver: For Mr. Pym, as a Prologue to thoſe Deſigns, acquainted
the Houſe, That there were Informations of Deſperate Deſigns at home with
abroad, to bring up the
Army againſt the Parliament, to ſurprize the Tower,
that the Earl of Strafford might Eſcape ; that Portſmouth was to be, be-
trayed; the French were drawing down their Army in all haſt to the Sea
ſide. And to the ſame Effect was the Petition of the Rabble States men,
which follows.
1
T
Hat whereas your Petitioners did yeſterday Petition for the Redreſs Petition of the
of many Grievances
, and for the Execution of Juſtice upon the Earl of Rabble.
Strafford and other Incendiaries, and to be. jecured.from ſome dange-
TOUS
V
WIT
1
1:
1
.
190 An Impartial Collection of all the memorable:Events
1 6 41. Trous Plots and Deſigns on Foot, to which your Lordſhips have this day given
van Anſwer that you have the ſame under Conſideration; for which your Petitio-
ners do render humble thanks : but foraſmuch as your Petitioners underſtand
that the Tower of London is preſently to receive a Garriſon of men not of the
Hamblets as uſually they were wont to do, but conſiſting of other perſons un-
der the command of a Captain' a great Confident of the Earl of Strafford,
which doth encreaſe their fears of the ſuddain Deſtruction of King and King-
dom, wherein your Lordſhips and Poſterity are deeply intereſted; and this
is done to make way for the Eſcape of the Earl of Strafford the Grand In-
cendiary
. They therefore pray that inſtant Courſe may be taken for the diſ-
covery thereof, and that speedy Execution of Juſtice be done upon the Earl
4
1
of Strafford.
1
1
1
.
1
Hereupon the Lords ſent ſix Peers to the Tower, who Examining the
Lieutenant, he informed them he had a Command from the King to
receive a hundred men under Captain Billingſley into the Tower ;
thereby throwing an Odious Reflexion upon the King as if he were of
confederacy for the Earl
, his Eſcape; which his Majeſty underſtanding,
did himſelf the Juſtice, to let the Lords know by a Meſſage,That upon a
Complaint of Sir William Balfour the Lieutenant of the Tower
, of the
great Reſort of people thither, he Ordered the ſaid captain and his com-
pany to guard the Munition there; but if that occaſion Jealouſies, his Ma-
jeſty is willing to receive their Lordſhips advice.
And for the other fine ſtory of the Earl's Eſcape, is was diſcovered
by the miracle of three good Wives of Wappings peeping in at the Key-
hole out of Curioſity to ſee the Earl, and they heard him diſcourſe
with his Secretary Mr. Slingsby about his Eſcape ; but Mr. Slings by upon
Examination abſolutely denyed it, as did alſo the Maſter of the ship
which was ſaid to be laid for him ; only, Balfour being Exami
ned confeſſed the Earl had moved ſome ſuch thing, and offered him the
King's Warrant for his Indemnity, but whoever conſiders that he was a
Scot, a Confident of the Party, and that all things were managed by
Scottiſh Counſels, Meaſures and Examples of Tumalts, and withal
, how
unjuſtly he had traduced the King juſt before in the matter of Captain
Billingsley, will not at all admire he ſhould make a little bold with
his Conſcience to keep his place, to oblige his Friends, and Counte.
nance a Report which was ſo advantageous to the Deſigns that were then
caarying on by Tumults and all the Artifices imaginable.
But that which puts it out of all doubt is, the Letter which this noble
Lord writ that very day to the King to paſs the Bill of Attainder againſt
him, a Generoſity, as it was very uncommon, ſo very inconſiſtent
with the deſign of this pretended Éſcape, which ſeemed rather Level-
led at his Majeſtics Reputation among the People then to have any reali-
ty in it. The Letter was this,
May it pleaſe Your Sacred Majeſty,
T hath been my greatest grief in all theſe Troubles, to be taken as a perſon mhich ſhould
endeavour to repreſent and ſet things amiſs between Your Majesty and Your People,
Letter to the and to give Counſels tending to the diſquiet of the Three Kingdoms.
King. May 4:
Most true it is, ( that this mine own private Condition conſidered) it had been a
great madneſs, ( ſince
through Tour Gracious Favour I was ſo provided) as not to expe£t
in any kind to mend
my fortune, or pleaſe my mind more, than by refting where your boun:
teous Hands had placed me.
Nay, it is moſt mightily mistaken for sinto your
Majesty it is well knorrn, my poor
and bumble
Advices concluded still in this, Thar Tour Majeſty, and Your People comid
i
The Earl of
Strafford's
.
41
never
IN
4'
1:14
1
3
!
My
191
01"
I 641.
2
}
"!
2
-N
4!
1
1
from the Scotch Rebellion to the King's Murtber.
never be happy, till there 'were a right understanding betwixt You and them , ard that no
other means were left, to effect and ſettle this happineſs, but by the Counſel and Affent of
Tow Parliament, or to prevent the growing. Evils of this state, but by intirely putting
Your Self in this laſt reſort, spon the Loyalty and good Affections of Your Engliſls
Subjects.
řet fusch is my misfortune, that this Truth findeth little credit ; yea, the contrary
ſeemeth generally to be believed, and my ſelf reputed as one who endeavoured to make a fé-
paration between you and Your People; under a heavier cenſure than this, I amper ſwad-
ed no Gentleman can ſuffer.
Now I underſtand the minds of Men are more and more incenſed againſt me, notwith-
ſtanding Your Majeſty hath declared, That in Your Princely opinion I am not Guilty of
Treaſon, and that you are not ſatisfied in Your Conſcience, to paſs the Bill.
This bringeth me in a very great ſtreight, there is before me the ruine of my Children
and Family, hitherto untouch'd in all the Branches of it, with any foul crime: Here are
before me the many ills, which may befal Tour Sacred Perſon and the whole Kingdom,
Should Your Self and Parliament part leſs ſatisfied one with the other, than is neceſſary
for the preſervation both of King and People : Here are before me the things must valus-
ed, moſt feared by mortal men, Life or Death.
To ſay Sir, that there hath not been a ſtrife in' me, were to make one leſs man, than,
God knoweth, my Infirmities make me ; and to call a destruction upon my ſelf and
young children, (where the intentions of my heart at leaſt have been innocent of this
great offence ) may be believed, will find no eaſy conſent from Fleſh and Blood.
But with much ſadneſs, I am come to a Reſolution of that, which I take to be beſt be-
coming me, and to look upon it, as that orhich is moſt principal in it ſelf, which doubt-
Leſs is the proſperity of Your Sacred Perſon, and the common wealth, ihings infinitely be-
fore any.private mans intereft.
And therefore in few words, as I put my ſelf wholly upon the Horor and justice of my
Peers, ſo clearly, as to wiſh Your Majeſty might pleaſe to have ſpared that Declaration
of Tours on Saturday last, and intirely to have left me to their Lordſhips ; So not to
ſet Your Majeſties Conſcience at liberty, I do most humbly beſeech Your Majeſty for
prevention of evils, which may happen tý ronr refuſal to paſs this Bill; and by this means
to remove praiſed be God ) I cannot ſay this accurſed but I confess ) this unfortunate
thing , fortb of the way towards that bleſſed agreement, which God I truſt, ſhall ever
eſtabliſhi beemeen Tou and Your Subjects.
Sir, My Conſent fhall more acquit zou herein to God,than all the lVorld can do beſides;
To a willing man there is no injury done, and as by Gods Grace I forgive all the World,
with a calmneſs and meekneſs of infinite contentment to my diſlodging Soul: So Sir, to
you
I can give
the life of this world with all the chearfulneſs imaginable in the juſt acknow-
ledgment of your exceeding favour's; and only beg, that in Your Goodneſs, You mould
vouchſafe to caſt Your Gracious regard upon my poor Son, and his Three Siſters, leſs or
more, and no otherwiſe than as their ( in preſent ) unfortunate Father,may hereafter ap-
pear more or leſs guilty of this death. God long preſerve Your Majeſty.
.
L-
1
1
+ 17
14
HL
Maj 4.
Tower, 1641.
+
Your Majeſties moſt Faithful,
And Humble Subject,
And Servant,
STRAFFORD.
!
1
RC
And for "ſuppreſſing the Tumults, the Commons Ordered Dr.
Burgeſs, to read the Proteſtation to the People, and to tell them, The
Parliament deſired them to return home, which he did and there,
upon they departed, by which it is Evident who raiſed, influenced and
Governed the Tumults.
Upon Wedneſday May the 5th, there happened a ftrange hubbub in predneſday ,
the City which was now wholy ſet upon Tumults and Disorders, which may sº
was
1
:
.
i
on about the
192 An Impartial Collection of all the memorable Events
1:6 416 was upon this ridiculous occaſion, Sir Walter Erle was making a Report
of a Deſign to blow up the Houſe of Commons, whereupon Mr. Mid-
dleton and Mr. Moyle two corpulent men, and ſome others ſtanding
up to hear the Report, a board in the Gallery broke and gave ſuch a
Crack, that ſome apprehended the Houſe was blown up indeed, and Sir
Fohn Wray crying out, He ſmelt Gun-Powder, they hurried out of the
Houſe, and frighted the People in the Lobby, who ran into the Hall
crying out, The Parliament Houſe was falling and the Members ſlain, and
the People running in confuſion through the Hall Sir Robert Manſel
drew his Sword and bid them ſtand for ſhame, hé ſaw no Enemy to
hurt the Parliament and that there was no danger, but ſome of the Żea-
lots by water gave the alarm, ſo that the Drums beat,and a Regiment of
Train Bands marched as far as Covent Garden, and the Rabble of Volun-
teers down to the Houſe to ſave the Parliament, which ridiculous Acci-
dent though at preſent it occaſioned no other effect but laughter, yet did
ſtrangely embolden the Factioys, who now plainly diſcovered the Influ-
ence they had over the Multitude, and that they were perfectly at
their Devotion.
Things being in this Diſtraction, and few of the Lords daring to
Judges Opini. appear at the Houſe, yet the Bill went on but flowly, but in concluſion,
Earl of Straf!
the Judges to give the better Countenance to the Matter;being demand-
ford.
ed their opinion, and the Lord Chief Juſtice of the King's-Bench deli-
vering it as their Unanimous Opinion, That upon all that which their
Lordſhips have Voted to be proved, the Earl of Strafford doth deſerve
to undergo the pains and forfeitures of High-Treaſon; and the Bill for
perpetuating the Parliament which was brought up from the Commons
the day before being quickly diſpatched, read and paſſed the next, being
Saturday May the 8th. The Bill of Attainder was alſo paſſed the Houle
of Lords, but yet not without Oppoſition, for all the Lords except 45
being abſent,of thoſe is was carried but by 7 Votes, 19 giving their
Not-content, to 26 that gave their content to the paſſing of this Fatal
Bill.
The great Difficulty after all was to be yet overcome in procuring
the Royal aſſent, and for this purpoſe both the Houſes attended his Ma.
jeſty in the Banquetting Houſe to move him to it, to which they re-
ceived Anſwer, That upon Monday they ſhould know His Majeſties Re-
folution.
All Sunday the King ſtruggled with himſelf what to do in this Affair,
and certainly never was any Poor Prince ſo harraſed between the Impor-
tunities of pretended neceſſity of State, and the doubts of his own
Conſcience, which told him the Earl was Innocent of what he was to
die for; the Lord-Chamberlain told him he acted like David,and cited
2 Chron. 19. from Verſ. the 5 to 8. and that ſhould he deny this it
would be conſtrued that he loved his Enemies and hated his Friends,
and that if he did not ſpeak comfortably to the People, they would de
ſert him, which would be worſe then all the Evils that had befallen bin
in his life. The King fent for the Judges and the Biſhops to aſſiſt him,
the Biſhops referred him to the Judges yet told him,That, in his con-
ſcience he found not the Earl guilty in matter of fact he ought not to
paſs the Bill;but for matter of Law what was Treaſon they referred him
to the Judges, who according to their Oath ought to carry themſelves
indifferently between him and his Subjects; only Doctor Juxon reſolute-
lý told him that if he were not ſatisfied in his Conſcience he ought not to
do
1
Saturday,
1.
H
May 8.
i
:
+
'
4
1
:.
193
1.6.4 1.
H
from the Scotch Rebellion to the King's
. Murther:
do it whatſoever happened, the King complained of the Judges, that
they had not ſatisfied him, nor indeed durſt they give their Opinions
freely for the fatisfaction of his Conſcience, their own Conſciences
being over-awed and terrified their very Courage and Reaſon,
having deſerted them in this Common Extremity, and by their
dubious anſwers abuſing him, as he ſaid, 'not caſing him of his Scru-
ples. The general advice was to ſubmit to the preſent neceſſity, but
how dearly both the King and they paid for making Religion truckle to
reaſon of State, hear him ſpeak himſelf in his own Book concerning
the Death of this Great Man,
L
JN
% h
I
t
#
+?
mi
1
.
2
Looked upon my Lord of Strafford as a Gentleman, whoſe great abili- 'Elxdr Badi;
ties might make a Prince rather afraid, thau aſhamed to imploy him, Earl of Straf-
in the greateſt affairs of State.
ford's Death
For thoſe were prone to create in him great confidence of undertakings,
and this was like enough to betray him to great Errors, and many Enemies:
whereof he could not but contract good
store, while moving in fo high a
Sphear, and with ſo vigorous a Luſter, he muſt needs (as the Sung raiſe
many envious exhalations, which condenſed by a Popular odium, were ca-
pable to caſt a cloud upon the brighteſt merit and integrity,
Though I cannot in my Judgment approve all he did, driven (it may be)
by the neceſſities of times, and the temper of that people, more than led by
his own diſpoſition to any height and rigor of Actions : yet I could never be
convinced of any ſuch criminouſneſs in him, as willingly to expoſe his life to
the ſtroke of Justice and Malice of his enemies.
I never met with a more unhappy conjunkture of affairs, than in the buſi-
neſs of that unfortunate Earl; when between my own unſatisfiedneſs in Con-
ſcience, and a neceſſity ( as ſome told me ) of ſatisfying the importunities of
Some people ; I was perſwaded by thoſe, that I think wiſhed me well, to
chuſe rather what was safe, than what ſeemed just : preferring the out-
ward peace of my Kingdoms with men, before that inward exactneſs of
Conſcience before God.
And indeed, I am so far
from excuſing or denying that complyance on my
part (for plenary conſent it was not) to his deſtruition, whom in my judg-
ment I thought not, by any clear Law, guilty of death; that I never did
bear any touch of Conſcience with greater regret: which, as a ſign of my re-
pentance, I bave often with ſorrow confeſſed, both to God and Men, as an
Act of so ſinful frailty, that it diſcovered more a fear of man, than of God,
whoſe Name and Place on Earth no man is worthy to bear, who will avoid
inconveniencies of State, by Aits of so high injuſtice, as no publick conve-
nience can expiate or compenſate.
I ſee it a bad exchange to wound a mans own Conſcience, thereby to ſalve
State fores ; to calm the ſtorms of popular diſcontents, by ſtirring up
. a
Tempeſt in a mans own boſom.
Nor hath Gods Faſtice failed in the event and
fad conſequences, to ſkew the
World the fallacy of that Maxim, Better one man periſh (though unjuſt-
ly) than the people be diſpleaſed or deſtroyed.
For, in all likelihood, I could never have ſuffered with my people, great-
er calamities (yet with greater comfort ) had I vindicated Strafford's inno-
cency, at leaſt by denying to sign that
deſtruētive Bill, according to that
Fustice which my Conſcience ſuggeſted to me, then I have.done.fince Igra-
tified
fome mens unthankful importunities with ſo cruel a favour ; and I have
obſerved, that thoſe, who counfelld me to sign that
. Bill, have been ſo far
Vol. II.
from
!
i
1
.
!
Сс
}
1
f
.!
1
1
t
ܪ
3
194 An. Impartial Collečtion of all the memorable Events
16-41. from receiving the rewards of ſuch ingratiatings with the People, that no
men have been haraſſed and cruſhed more than they: be only hath been
leaſt vexed by them, who counſelled me, not 10 conſent againſt the Vote of
my own Conſcience ; I hope God hath forgiven me and them the firful ralls-
neſs of that buſineſs
To which, being in my soul fo fully Conſcious, thoſe Fudgments God hat!
pleaſed to ſend upon me, are ſo much the more welcome, as a means (I hope )
which his mercy bath fanctified
fo to me,as to make me repent of that anjufi Ait
(for ſo it was to me) and for the future to teach me, that the beſt rule of po-
licy is to prefer the doing of Juſtice before all enjoyments, and the peace of
my Conſcience, before the preſervation of my Kingdoms.
Nor bath any thing more fortified my refolutions, againſt all thofe violent
importunities, which fince have fought togain a like conſent from me,to Akts,
wherein my Conſcience is unſatisfied, than the ſharp touches I have had for
what paſſed me, in my Lord of Straffords bulinefs.
Not that I reſolved to have employed him in my affairs, againſt the ad-
vice of my Parliament; but I would not have had any hand in his death,
of whoſe guiltinefs I w.15 better afured, than any man living could
be.
Nor were the crimes objected against him ſo clear, as after a long and
fair hearing, to give convincing fatisfaction to the major part of both Houſes;
especially that of the Lords, of whom ſcarce a third part were preſent, when
the Bill paſſedthat Houſe : And for the Houſe of Commons, many Gentle-
men diſpoſedenough to diminiſh my Lord of Strafford's Greatneſs and Power,
yet unſatisfied of his Guilt in. Law, durft not condemn him to dye: wha for
their integrity in their Votes, were, by poſting their Names, expoſed to the
popular Calumny, Hatred, and Fury,which grew then fo exorbitant in their
clamors for Juſtice, (That is, to have both my felf, axd the Two Houſes
Vote, and do as they would have us ) that many ('tis thougkt) were ra-
ther terrified to concur with the condemning party, than ſatisfied, that of
right they ought ſo to do.
And that after Aft, vacating the Authority of the precedent, for future
imitation, fufficiently tells the world, that ſame remorſe touched even bis
moſt implacable Enemies, as knowing he had very hard meaſure, and ſuch as
they would be very loath ſhould be repeated to themſelves.
This tenderneſs and regret I find in my Soul, for having had any hand, and
that very unwillingly
. God knows, in the ſhedding one mans Blood unustly
(though under the colour of the Formalities of Juſtice and pretences of
voiding publick Miſchiefs) which may I hope be ſome Evidence before God
and Man, to all Poſterity, that I am far from bearing juſtly the vaſt load
and guilt of all that blood which hath been ſhed in this unhappy War ;
which fome men will needs charge upon me, to eaſe their own Souls, who am
and ever ſhall be more afraid to take away any mans life unjuſtly, than to
loſe my own.
Nor was tliis all, for beſides what he ſaid at his own Deatli he ac
quainted Doctor Shelden,afterwards Archbiſhop of Canterbury,with his
Reſolution, if ever he was in a Condition to perform his Vows, of
which this was one, To do publick Pennance for the injuſtice he had ſuf-
fered to be done to the Earl of Strafford, as may at large be ſeen in his
Life written by Dr. Perinchief,fol
. 119.
Nothing was founded in the Kings Ears but Fears, Terrors, and
Threatnings of Worſe and Worſe, Tumults and Rebellions from every
quarter
1
4-
1
i
'n
11
HY
4
1
ji i
4 IH
TI
1
1
H
1
1"
hu
Ini
!
4
1:
HI
11.
II
11
Monday,
.
hi
1
I
from the Scotch Rebellion to the King's Murther: 195
quarter of the City and every corner of the Kingdom; and indeed the 164 1.
King who had ſeen the effects of them both in Scotland and England,
could not but have very terrible apprehenſions of them. At laſt having
wraſtled him breathleſs, he was vanquished by Importunity and necel-
ſity, and yielded to the Paſſing of theſe two Fatal Bills by Commiſſion,
the one for the Earl's, and the other as it proved in the Event, for his
own Execution.
Upon Monday May the 10th, Mr. Maxwell Gentleman-Uſher to the
Lords, came to acquaint the Commons with the good news that His May 10.
Majeſties Aſſent to the two Bills was to be given by Commiſſion, and Bill of Attain-
that their Lordſhips did expect Mr. Speaker and the Houſe of Commons Commiſſion
to come up. It ſeems the Gentleman was ſomething tranſported, as ſure
áll the world was out of their wits, för he came without the Black
Rod, and entred without being called in, at which there was Excepti
ons taken ; but the News he brought was ſo agreeable, that the tran.
ſport of it, did him the favour to take off the Reſentments of the
Houſe,who at another time would not have pocketted up ſuch an affront
with ſilence.
The Commiſſion was granted under the Great Seal of England dire- The manner
Eted unto the Lord Privy-Seal,Lord Great Chamberlain, Lord Steward,or of paſſing
any two of them for paſſing the Royal Aſſent to two Bills,the one intitu- miſſion.
led,An Act of Attainder of Thomas Earl of Strafford of High-Treaſon the
other, An Act to prevent the Inconveniencies which may happen by the
untimely Adjourning, Proroguing or Diſſolving of this preſent Parlia-
ment.' The Lords being all in their Robes, and the Commiſſioners
fate upon a Form ſtanding acroſs the Houſe between the Chair of State
and the Lord Keeper's Woolfack, and the Houſe of Commons with their
Speaker being come up, the Clerk of the Parliament delivered the
Commiſſion whereunto the Bills were annexed, upon his knce. Then
the Lord Privy-Seal declared to both Houſes, that his Majeſty had an
intent to have come himſelf this Day to have given his Royal Aſſent
to theſe two Bills , but ſome important Occaſions had prevented
him,
and ſo his Majeſty had granted a Commiſſion for giving the Roy-
al Aflent, which was delivered to the Clerk of the Parliament who car-
ried it to his Table and read it, this being done the Clerk of the Crown
read the Titles of the Bills, and the Clerk of the Parliament pronoun-
ced the Royal Aſſent to them both ſeverally. The Bill of Attainder
was as follows,
Bills by Com-
.
E
.
f
$
+
1
W
Hereas the Knights, Citizens, and Burgeſſes of the Houſe of Con- The Bill of
mons, in this preſent Parliament aſembled, have in the name of gainſt the Earl
themſelves, and of all the Commons of England, impeached Thomas Earl of strafford :
of Strafford of High-Treaſon, for endeavouring tó ſubvert the ancient paſſed was
the rotbe...
and Fundamental Laws and Government of his Majeſties Realms of Eng-
land and Ireland, and to introduce an Arbitrary and Tyrarnical Goveri-
ment againſt Law in the ſaid Kingdoms ; and for exerciſing a Tyrannous
and exorbitant power, over and againſt the Laws of the ſaid Kingdoms,
over the Liberties, Eſtates, and Lives of his Majeſties Subjects; and likewiſe
for having by his own Authority, commanded the laying and alleiling of Sol
diers upon his Majeſties Subjects in Ireland,againſt their conſents, to compel
them to obey his unlawful Commands and Orders made upon Paper-Petitions,
in cauſes between Party and Party
, which accordingly was executed, upon
divers of his Majeſties
Subječts in a Warlike manner within the ſaid Realm
Vol. II
Cc 2
of"
+
1
1
H
196 An Impartial Collection of all the memorable Events
1641. of Ireland ; and in ſo doing, did levy. War againſt the Kings Majeſty and
his liege people in that Kingdom ; And alſo for that he upon the unhappy
Diſolution of the laſt Parliament, did ſlander the Houſe of Commons to his
Majeſty, and did counſel and adviſe his Majeſty, that he was looſe and aỹ.
Solved from the rules of Government, and that he had an Army in Ireland,
by which he might reduce this Kingdom ; for which he deſerves to undergo
the pairs and forfeitures of High-7 reaſon.
And the said Earl bath been alſo an incendiary of the Wars between the
two Kingdoms of England and Scotland: all which offences have been fuffi-
ciently proved againſt the ſaid Earl upon his impeachment.
Be it therefore enacted by the Kings moſt excellent Majeſty, and by the
Lords and Commons in this preſent Parliament aſſembled, and by autho.
rity of the ſame, That the ſaid Earl of Strafford for the haynous crimes and
offences aforeſaid, ſtand, and be adjudged and attainted of High-Treaſon,
and ſhall ſuffer ſuch pain of Death, and incur the forfeitures of his Goods,
and Chattels, Lands, Tenements, and Hereditaments of any eſtate of
Free-hold or Inheritance in the ſaid Kingdoms of England and Ireland,
which the ſaid Earl, or any other to his uſe, or in truſt for him, have or
had the day of the firſt fitting of this preſent Parliament,or at any time ſince.
Provided'that no Fudge or Fudges, Fuſtice or Juſtices whatſoever, ſhall
adjudge or interpret any Act or thing to be Treaſon, nor in any other man-
ner than he or they ſhould or ought
to have done before the making of this
Aft, and as if this Ait had never been had or made. Saving alwayes
unto all and ſingular perſons and bodies, politick and corporal, their Heirs
and Succeſſors, others than the ſaid Earl and his Heirs, and ſuch as claim
by, from, or under him, all ſuch right, title, and intereſt, of, in, and to
all and ſingular, ſuch of the ſaid Lands, Tenements, and I lereditaments
as he, they, or any of them, bad before the firſt day of this preſent Parlia-
ment, any thing herein contained to the contrary notwithſtanding.
Provided that the paſſing of this preſent Alt, and bis Majeſties Aſſent
thereunto, ſhall not be any determination of this preſent Seſſions of Parlia .
ment, but that this preſent Seſſions of Parliament and all Bills and matter
whatſoever depending in Parliament, and not fully enacted or determined.
And all Statutes and Acts of Parliament,which have their continuance until
the end of this preſent Seſſion of Parliament, ſhall remain, continue, and le
in full force, as if this Act had not been.
The Earl underſtanding that the Bill was paſſed, did humbly Petition
the Houſe as follows:
1
1
I
The Earl of
Strafford's Pc-
tition to the
Houſe of
Search
Peers.
.
Eeing it is the good Will and Pleaſure of God, that your Petitioner is
now ſhortly to pay that Duty which we all owe to our frail Nature ;
he Shall in all Chriſtian Patience and Charity conform and ſubmit himſelf
to your Juſtice in a comfortable aſſurance of the great hope laid up for us
in the Mercy and Merits of our Saviour bleſſed for ever : only be kumbly
craves to return your Lordſhips moſt humble thanks for your Noble Compal-
fion towards thoſe innocent Children, whom now with his last bleſling ke
muſt commit to the protection of Almighty God, beſeeching your Lord-
Ships to finiſh lis Pious intention towards them, and deſiring that the Re-
ward thereof may be fulfilled in you by him that is able to give
above all that we are able ask or think , wherein I truſt the
Honourable Houſe of Commons will afford their Chriſtian Affi-
Stance. And ſo beſeeching your Lordſhips charitably to forgive ail luis
Omiſſions
(
!
+
1
1.
.
I 111 11
MONTH
1
11
1
H
HI
w
4
1.6
1
1
.
11.
May ii.
11
11:
11
'
HIMATE
។
Lords con-
Hi'i
7
'.
11
by the Hand of the Prince, was Read twice in the Houſe,
again, the ſame. I writ, Fiat Juſtitia : My other intention proceeding out of
from the Scotch Rebellion to the King's Murtber.
197
Omiſſions and infirmities bè doth very heartily and truely recommend your
4.I.
Lordſhips to the Mercies of our Heavenly Father, and that for his good-
neſs he may perfect you in every good work, Amen.
The next day being Tueſday. May '11. the King ſent this paſſionate
Tueſday,
Letter to the Lords in behalf of the Earl.
My Lords,
T
Did yeſterday ſatisfie the Füſtice of the Kingdom, by paſſing the Bill of The Kings
Attainder against the Earl of Strafford; but Mercy being as inhe- Letter to the
rent and infeperable to a King as Juſtice; I deſire at this time in ſome mea-
cerning the
ſure to ſhew that likewiſe, by. Juffering that unfortunate Man to fulfil the E. of serafford.
Natural Courſe of his Life in a Cloſe Impriſonment; Tet ſo, if ever be
make the leaſt offer to eſcape, or offer direčtly, or indirectly to meddle in
any ſort of publick buſineſs, eſpecially with me, either by Meſſage or Let-
ter, it ſhall coſt him his Life, without further Proceſs ; This if it may
be
done without the Diſcontentment of my People, will be an unſpeakable con-
tentment to me ; to which end, as in the first place, I by this Letter do
earneſtly deſire your Approbation, and to endear it more, have choſen him
to carry it, that of all your Houſe is moſt dear to me; So I deſire that by
a Conference, you will endeavour to give the Houſe of Commons Content-
ment, aſuring you that the Exerciſe of Mercy is no more pleaſing to me,
than to ſee both Houſes. of Parliament Conſent for my-Sake, that I ſhould
moderate the ſeverity of the Law in ſo important a Caſe.
I will not ſay, that your Complying with me in this my intended Mercy,
ſhall make me more willing, but certainly 'twill make me more Chearful, in
Granting your juſt Grievances. But, if no leſs then his Life can ſatisfie my
people, I muſt ſay, Fiat Juſtitia., Thus again, recommending the Conſide-
ration of my Intention to yoit, I reft,
Your unalterable and affectionate Friend,
Whitehall, IIth of
May, 164.1.
Charles R.
If he muſt dye, it were Charity to Reprieve him till Saturday.
This Lettersrall Written with the Kings own Hand, and delivered
of
and after ſerious Conſideration, the Houſe reſolved preſently to fend 12 King
.
of the Peers Meſſengers to the King, humbly to ſignifie, That neither
of the Two Intentions, expreſſed in the Letter, could, with duty in them
or
" without danger to himſelf
, his deareſt Confort the Queen, and all the
Toung Princes their Children;poſibly be Adviſed; all which being done ac-
cordingly, and the Reaſons Thewed to His Majeſty, he ſuffered no more
the
words to come from them :, but, put of the fulneſs of His heart, to
obſervance of Juſtice, and for the Contentment of His People, told
them, That what
he intended by his Letter was, with an (if) if it might
be done without Diſcontentment of his people; if that cannot be, Say
Charity for
a few days Reſpite, was upon certain Information, that his Eftarę
E
1
1
L
4
1
Twelve Lords
ſeni to the
was
A
N
.
1
:
t
198
An Impartial Collečtion.of
. all the memorable Events
1 6:4 r. was ſo diſtračted, that it neceſſarily required fome few dayes fòr ſettlement
thereof.
Whereunto the Lords Anſwered, Their purpoſe was to be Suitors to his
Majeſty, for favour to be ſhewed to his Innocent Children ; and if bimſelf
had made any proviſion
for them, the ſame might hold.
This was well-liking unto his Majeſty, who thereupon departed
from the Lords : At his Majeſties parting they offered up into his hands
the Letter it ſelf which he had ſent; but He was pleaſed to ſay, My
Lords, What I have written to you, I ſhall be content it be Registred.by
you in your Houſe ; . In it you ſee my mind;. I hope you will uſe it to my
Honour.
This, upon return of the Lords from the King was preſently Report-
ed to the Houſe by the Lord Privy-Seal, and Ordered that theſe Lines
ſhould go out with the Kings Lötter, if any Copies of the Letter were
diſperſed.
The night before his Execution he ſent for the Lieutenant of the
Tower,and asked him if he might not-fee and ſpeak with my Lord Archbi-
ſhop of Canterbury, and being anſwered that he could not permit it
without Order from the Parliament, Mr. Lieutenant,laid he, you ſhåll
hear what paſſeth between us, it is not a time for me to Plot Treaſon,
or for him to Plot Hereſie; to Which the Lieutenant anſwered, That
his Lordſhip might Petition the Parliament for that favour ; No, ſaid he,
I have gotten my Diſpatch from them, and will trouble them no more ;
I am now Petitioning an higher Court, where neither Partiality can be
expected nor Error feared, but, my Lord, faid'le, turning to the Primate
of Ireland then with him, what I would have ſpoken to his Grace of
Canterbury is this, You ſhall deſire the Archbiſhop to lend me his Pray-
ers this night, and to give me his bleſſing when I go abroad to morrow,
and to be in his Window,that by my laſt farewell I may give him thank's
for this, and all his other former favours: the Lord Primate immedi-
ately did his Meſſage and returned with this Anſwer
. from my Lord of
Canterbury, That in Conſcience he was bound to do the firſt, and in duty
and obligation to do the laſt, but that he feared his weakneſs and Paſſion
would ſcarce lend him Eyes to behold his laſt departure.
wednefdaj, And now we come to conduct this Illuſtrious Life to the laſt Scene
May 121
and Epilogue of liis Tragedy, having accoytred his Soul with neceſſary
Preparation, le came out of his Chamber, attended by ſeveral Gentle-
men and Perſons of Quality, together with the Lieutenant of the
Tower and the Guards ; when he drew near the Archbiſhop's Lodgings,
he ſaid to the Lieutenant, Sir though I do not ſee the Archbiſhop, give
me leave I pray you to do my laſt obſervance towards his Rooms,
but
the Archbiſhop being advertized of his coming immediafely cảme to
the Window, upon which the Earl bowing himſelf to the Ground ſaid;
My Lord, your Prayers and your Bleſſing. The Archbiſhop lifting up
his hands gave’him both; but unable to ſupport the ſuddain Effort with
which a paſſionate Friendſhip, deluged hiş Soul at that diſmal ſeparation,
he funk down with grief as if his great Soul would have forced'a Paſſage,
to wait upon the Earl's in its paſſage to Eternity ; nor will any perſons
who bave been touched with the tenderneſs of a real Friendſhip, think
this fo great a Weakneſs as his and the Earls Enemies did endeavour to
repreſent it, if they conſider that ſuch a ſeparation carries in it even all
that can be thought terrible or afflictive in Death it ſelf. The Earl
1
..
TH
went
}
.
:
- ALTE
W
IM
I'
II
ฯ
V
.
011
LIE
H
1.
1
-
L!
-L11
:
14
|
|
។
ܗ ܢ ܕ ܙ;
1
1
+
11.40
*4
44
from the Scotch Rebellion to the King's Murtber.
199
went a little further, and making a ſecond bow took his laſt Adieu, | 1641.
ſaying, Farewel my Lord, God protect your Innocence:
As he was thus, with a Countenance ſo Serene and Auguſt, more
like a General to a Triumph, then a Priſoner to an infamous Scaffold ,
marching out of the Tower, the Lieutenant deſired him to take Coach,
left the inraged People ſhould fall upon him and tear him in pieces ; No,
faid he, with an Air full of Innocence and Courage, Mr. Lieute-
nant, I dare look Death in the Face, and I hope the People too; have
you a care that I do not Eſcape, and 'tis equal to me how I dye, whether
by the ſtroak of the Executioner or the madneſs and fury of the
People ; if that may give them better content, it is all one to me.
Being mounted upon the Scaffold, he made his Obeyſances, and be-
gan to take his laſt farewell of his Friends, who appeared much more
concerned than himſelf, and obſerving his Brother Sir George Wentworth
to weep exceſſively, Brother ſaid he to him with a cliearful briskneſs,
what do you ſee in me to deſerve theſe Tears? doth any indecent fear
betray in me a Guilt, or my Innocent boldneſs any Atheiſm ? think
now that you are accompanying me the third time to my Marriage-
Bed. Never did I throw off my Clothes with greater freedom and con-
tent, then in this preparation to my Grave; That Stock, pointing to
the Block, muſt be my Pillow, here ſhall I reſt from all my Labours ;
No thoughts of Envy, no dreams of Treaſon, Jealouſies or Cares for the
King, the State or my ſelf flall interrupt this eaſie Sleep, therefore
Brother with me pitty thoſe who beſides their Intention have made me
happy,Rejoyce in my happineſs, Rejoyce in my Innocence.
Then kneeling down he made this Proteſtation : I hope Gentlemen,
you
do think that neither the fear of Lofs, nor love of Reputation,
will ſuffer me to belye God and mine own Conſcience at this time; I
am now in the very door going out, and my next ſtep muſt be from
time to Eternity either of Peace or Pain; To clear my ſelf before
you
all I do here folemnly call God to witneſs I am not Guilty, ſo far as I can
underſtand, of the great Crime laid to my Charge,nor have ever had the
leaſt inclination or Intention to damnifie or prejudice,the King, the State,
the Laws,or the Religion of this Kingdom, but with my beſt endeavours
to ſerve all and to ſupport all, So may God be merciful to my Soul.
Then riſing up, he faid, He deſired to ſpeak ſomething to the People,
but was affraid he ſhould be heard by few in regard of the Noiſe, but
having firſt fitted himſelf to the Block, and riſing again he thus addreſ-
fed himſelf to the Spectators.
T Lord Primate of Ireland, and my Lords, and the rest!of
theſe The Earl of
Noble Gentlemen, It is a great comfort to me to have your Lord
Strafford's
Speech upon
ſhips by me this day, becauſe I have been known to you a long time, the Scaffold,
and I now defire to be heard a few words.
I come here, my Lords, to pay my laſt Debt to Sin, which is Death ;
And through the Mercies of God to riſe again to Eternal Glory.
My Lords, If I may uſe a few words, I ſhall take it as a great Courte.
fie from you; I come here to ſubmit to the Fudgment that is paſſed againft
I do it with a very quiet and contented Mind; 1 do freely forgive all
the World; a forgiveneſs not from the Teeth outward ( as they say, but
from my heart ; I speak in the preſence of Almighty God, before whom I
ſtand; that there is not a diſpleating thought that ariſeth in me againſt any
Man: I thank God I Say truly, my Conſcience bears me Witneſs, that in all
the
11
แ
*
MP
May 12.
0
me;
ܪ
1
1
I
ما
.
my Wiſh.
:
200 An Impartial.Colle&tion of all the
memorable Events
1 6 4 1. the Honour I had to ſerve His Majeſty, I had not any Intention in ong
c
heart, but what did aim at the Foynt and. Individual prosperity of the
King and His People ; although it be my ill hap to be miſconſtrued ; I am
not the firſt Man that hath ſuffered in this kind. It is a common Portiox
that befals men in this Life, Righteous Fudgment ſhall be hereafter;
here we are ſubject to Error, and Misjudging one another.
One thing I deſire to be heard in, and do hope, that for Chriſtian Chari-
ties fake I ſhall be believed; I was ſo far from being againſt Parliaments,
that I did always think Parliaments in England to be the happy Conftitu-
tion of the Kingdom and Nation, and the beſt means, under God, to make
the King and his people happy : As for my death, I do here acquit all tbe
World, and beſeech God to forgive them; In particular, I am very glad
His Majeſty conceives me not meriting So ſevere and
beavy a puniſhment ,as
the utmoſt Execution of this Sentence; I do infinitely rejoyce in it, and in
that Mercy of His, and do beſeech God to Return Him the ſame, that be
may find Mercy when he hath moſt need of it. I wiſh this Kingdom all pro-
Sperity and happineſs in the World: I did it Living, and now Dying it is
I profeſs heartily my apprehenſion, and do humbly recommend it to you,
and wiſh that every Man would lay his hand on his heart, and conſider fer
riouly, Whether the beginning of the Peoples happineſs ſhould be written in
Letters of Blood: I fear they are in a Wrong Way; I deſire Almighty God,
that no one drop of my Blood riſe up in Fudgment againſt them; I have but
one word more, and that is for my Religion.
My Lord of. Armagh, I do profeſs my ſelf ſeriouſly, faithfully, and trk-
ly to be an obedient Son of the Church of England; In that Church I was
born and bred, in that Religion I have lived, and now in that I dye ;
Proſperity and Happineſs be ever to it.
It hath been ſaid I was inclined to Popery,if
it be an Obječtion worth the
anſwering, let me ſay truly from my beart, That ſince I was Twenty one
years of age unto this day, going pn 49, years, I never had thought or
doubt of the truth of this "Religion, nor had ever any the. boldneſs to fug-
geſt to me the contrary, to my beſt remembrance.
And ſo being reconciled to the Mercies of Jeſus Chriſt.my Saviour, into
whoſe. boſom I hope ſhortly to be gathered, to enjoy Eternal Happineſs;
which ſhall never have an end; I deſire heartily to be forgiven of every Man,
if any raſh or unadviſed Words or Deeds have paſſed from me; and defire
your Prayers; and ſo my Lord Farewel; and farewel all things in this
World.
The Lord ſtrengthen my Faith, and give me Confidence and Aſurance in
the Merits of Christ Jeſus ; I truſt in God we ſhall all meet to live 'Eter-
nally in Heaven, and receive the accompliſhment of all Happineſs, where
every Tear ſhall be wiped from our Eyes, and ſad thoughts from okr
Hearts; and ſo God bleſs this Kingdom, and Jeſus have Mercy on my
Soul.
Then turning himſelf about he faluted all the Noblemen, and took a
ſolemn leave of all conſiderable perſons on the Scaffold, giving them his
Hand,
And after that lie ſaid, Gentlemen, I would ſay my Prayers, and I in-
all to pray with me, and for me : Then his Chaplain laid the
Book of Common-Prayer upon the Chair before him, as he knecled
down, on which he prayed almoſt a quarter of an hour, then he prayed
as long or longer without a Book, and ended with the Lords Prayer:
then
*
1
all
+
+
-
1
1
treat you
..
-1
*
.
.
1
1
LA
1
1
201
!
1641.
12
1
--
1
In
1
1
ir
-1
from the Scotch Rebellion to the King's Muriber.
then ſtanding up,he ſpyed his Brother Sir George Wentworth, and call’d
him to him, and ſaid, Brother, We muſt part, remember me to my Siſter,
and to my Wife, and carry my Blelling to my Eldeſt Son, and charge him
from me, That he fear God, and continue an Obedient Son of the Church
of England, and that he approve himſelf a Faithful Subject to the King,
and tell him, That he ſhould not have any private Grudge or Revenge to-
wards
any concerning Me, and bid him beware io meddle idt with Church
Livings, for that will prove a Moth and Canker to him in his Eſtate, and
wiſh him to content himſelf to be a Servant to his Countréy, as a Juſtice
of Peace in his County, not aiming at higher Preferments : Carry my
Bleſsing alſo to my Daughter Ann, and Arrabella, charge them to fear
and ſerve God, and he will bleſs them, not forgetting my little Infant,
that knows neither good nor evil, and cannot ſpeak for it ſelf
, God speak
for it, and bleß it. Then ſaid he, I have nigh done ; One ſtroke will
make my Wife Husbandleſ, my dear Children Fatherleſ, and my poor
Servants Máſterleſs, and ſeperate me from my dear Brother, and all my
-Friends, but let God be to you and them all in all.
After that, going to take off his Doublet, and to make himſelf un-
ready, he ſaid, I thank God I am no more afraid of Death, nor daunted
with any diſcouragements ariſing from any fears
, but do as chearfully put
Doublet at this time, as ever I did when I went to Bed. Then he
put off his Doublet, and wound up his Hair with his Hands, and plit on
a white Cap.
Then he called, Where is the man that ſhould do this laſt office ?
(meaning the Executioner) call him to me: When he came and ask'd
him forgiveneſs, he told him, he forgave him and all the World; Then
kneeling down by the Block, he went to Prayer again himſelf
, the
Biſhop of Armagh kneeling on the one ſide, and the Miniſter on the
other; to the which Miniſter after Prayer he turned himſelf, and ſpoke
ſome few words ſoftly, having his Hands lifted up, the Miniſter cloſed
his Hands with his; then bowing himſelf to the Earth, to lay down his
Head on the Block, he told the Executioner, That he would firſt lay down
his Head to try the fitneſs of the Block, and take it up again, before he
laid it down for good and all; and
ſo he did ; and before he laid it down
again, he told the Executioner, That he would give him warning when
to ſtrike, by ſtretching forth his Hands; and then laid down his Neck
on the Block, ſtretching out his Hands, the Executioner ſtruck off his
Head at one blow, then took the Head up in his Hand, and ſhewed.it
to all the People, and ſaid ; God Save the King.
off my
'
. .
1
A Copy of the Paper containing the Heads of the
Lord Strafford's laſt Speech; written by his own Hand,
as it was left upon the Scaffold.
I
Come to pay the lap Debt we owe to Sin.
Riſe to Righteouſneſs
.
3. Dye willingly.
4. Forgive all.
5. Submit to what is Voted Juſtice, but my intentions Innocent
from Subverting,&c.
VOL. II.
6. Wiſhing
I.
2.
1
i
A
Ꭰd
1
1
14
1
.
1
202 An Impartial Collection of all the memorable Events
1 641.
6. Wiſhing nothing more than great Proſperity -to King and
People.
7. Acquit the King conſtrained.
8. Beſeech. to Repent.
9. Strange way to write the beginning of Reformation, and Settle-
ment of a Kingdom in Blood on themſelves.
10. Beſeech that Demand may reſt there.
II. Call not Blood on themſelves.
12. Dye in the Faith of the Church,
13. Pray for it, and deſire their Prayers with ine.
I
1
.
1
1
1
:
ii
CK
1,
His Body was afterwards Embalmed and Carried down into Yorkſhire
to be buried among his Anceſtors.
Thus, fell the Wonder of that Age, and of all ſucceeding, of whom
I think a Greater Character cannot be given than thoſe in Jhort of the
Archbiſhop of Canterbury who knew him beſt, and the Primate of Iter
land who ſaw him Dye.
The Archbiſhop diſcourfing with Dr. Whimberley concerning that
Paſſage at their parting, ſaid,. That perhaps it was a ſoftneſs.unbecom
ing him, but he hoped by Gods Affiſtance and his own Innocence, that
when he ſhould come to his own Execution, which he Expected, the
World ſhould perceive, that he had been more ſenſible of the Earl of
Strafford's Lofs than of his own, and with good reaſon he ſaid, for that
Gentleman was more Serviceable to the Church, not to mention thé
State, then either himſelf or all the Churcli-men of England had
been.
i
And the Lord Primate of Ireland giving an account to the King of
the manner of his Death, told him, That he had ſeen many Die, but,
never ſaw so White a Soul return to its Maker: At which Expreſſion
that Good and Compaſſionate Prince was ſo tenderly touched, thiat
turning himſelf aſide, he could not forbear. paying the fad Tribute of
ſome Tears to the Innocent Manes of the Illuſtrious Sufferer:
1
1
1
1
|
He left theſe Three Inſtructions to his Son in.Writing.
Firſt, That he ſhould continue ſtill to be brought up under thoſe
Governors to whoſe Charge he had committed him, as being the beſt
he could chuſe of all thoſe within his Knowledg, and that lie ſhould
not cliänge them, unleſs they were weary of him; that he ſhould ra-
ther want himſelf, than they ſhould want any thing they could de-
fire.
Secondly, If his Prince ſhould call him to. Publique Service, that he
ſhould carefully undertake it, to teſtifie his Obedience, and withal to
be Faithful and Sincere. to his Maſter, though he ſould come to the
láine Énd that himſelf did.
Thirdly, That lie foreſaw, that Ruin was like to come upon the
Revenues of the Church and that perhaps they might be ſhared among
the Nobility and Gentry; but charged him never to meddle with any
of it; for the Curſe of God would follow all them that:meddle with
ſuch a thing that tends to the deſtruction of the moſt Apoftolical
Church upon Earth.
Thus lay his Innocence aſleep with his injured Aflies, till together
with Monarchy and Epiſcopacy, it'received a Reſurrection at the Haj;-
TI
ру
HI
i
ta
ALTH
57
1
'
C
1
ITINI
liv
1
1
.
H
3
'In
1
I'
1
4H
NIL
WI
Why
+
11
1
AH
.
1
- 4
r
R
'
H.
1
4
i
liament aflembled, That the ha Entituled, An Act for the Attainder
from the Scotch Rebellion to the King's Murther.
203
РУ
Reſtauration of his Moſt Serene Majeſtie King Charles the Second,
1 641.
when by publique Act of Parliament publique Juſtice was donc to his
Memory and the Injuſtice of his . Sufferings. The Act was as fol-
lows.
bereas. Thomas late Earl of Strafford, was impeached of The Ad for
V
High-Treaſon, upon pretence of endeavouring to ſubvert the Reverſing the
Fundamental Laws, and called to a publicli alid folenin Arcaignment, Thomas Eari
and Trval before the peers in Parliament, where he made a particu of Strafford.
iar Defence to every article obje&cd againſt him : infomuch that the
turbulent party then leting no popes to effect their unjut Defignis,
by any ozdiliary
way and method of Proceedings; did at laſt reſolve to
attenipt the Deſtruction and Attainder of the ſaid Earl, by an act of
Parliament, to be therefoze purpoſely made to condemu him upon
accumulative Treaſon, none of the pretended crimes being Trea
Con apart, and ſo could not be in the whole, if they had been proved
as they were not, and alſo adjudged him guilty of Conſtructive Tree
fon (tõat is, of Levying (War againlt the King ) though it was only
the Diner of the Council-Board in Ireland, to be erecuted by a Ser
geant at Arnis, and three of four Soldiers, which was the conſtant
pradile of the Deputies there foz a long time: Co the which end,they
having firſt prelerited a Bill foz this intent, to the Houſe of Tom
mous, and finding there może oppoſition than they erpcded, they cau.
ed a inultitude of tumultuous perſons to come down to Weſtminſter,
armed with Swords and Staves, and to fill both the Palace-yards,
and all the approaches to both boules of Parliament, with Fury and
Clamor, and to require Juſtice, ſpeedy Juſtice againſt the Pearl of
Strafford; and having by thoſe and other linduie paadiſes, obtained that
Bill to paſs the Houſe of Commons, they cauſed the fames of thoſe
reſolute Gentlemen, who in a Care of innocent Blood, had freely dil-
charged their Conſciences, being Fifty nine, to be poſted up in leve-
ral places about the Cities of London and Weſtminſter, and itiled
thein Straffordians and Enemies to their Countrey, hoping thereby to
deliver them up to the fury of the People, whom they had endeavour.
ed to incenſe againſt theni, and theni procured. the ſaid Bill to be ſent
up to the Houſe of Peers: where it having ſome tiine reſted under
gecat deliberation; at laſt, in a time, what a great part of the peers
were abſent,by reaſon of the tumults,and inany of thoſe who were pre
ſent,poteffed againſt it,the ſaid Bill palled the Houſe of Peres; and at
lengti vis Majeſty, the late King CHARLES the I. of Glorious
Pemoly, granted a Commiſſion for giving bis Royal Alent there.
unto, which revertheleſs was done by pis ſaid Majelty, with erceed-
ing gcrat ſocrow thell
, and ever remembzed by him with unexpzellible
grict of Deart, and out of His
Majeſties great Piety, he did publick-
ly erpleſs it, when his own Sacred Life was taken away by the matt
deteſtable Traytoys that ever were.
from all which Cauſes be it Declared alid Enaged by the Kings molt
Ercellent majeffy, by, and with the advice and Conſent of the
Lojas Spiritual and Temporal, and Commons in this preſent Par-
of Thomas Earl of Strafford of High-Treaſon, and all and every Clauſe,
and article, and thing therein contained, being obtained as āfożeſaid,
is now hereby Kepealeo, Kevoked, and Reverſed.
Vol. II.
ind
+
1
DO
}
'
:
li
!:
1
"
HMI
!
204 An Impartial Collection of all the memorable Events
I 6.41.
and to the end that Right be done to the Demowy of the deceaſed
Earl of Strafford aforeſaid; Be it further Enacted, That all Recolds
and Proceedings of Parliament, relating to the Caio Attainder, ve
wholly Cancell'd, and taken off the File, oz otherwiſe Defaced, and
Dbliterated, to the intent, the ſame may not be viſible in after-agès,
02 brought into example, to the prejudice of any perſoni whatſoever.
Provided, Chat this ad fhall not extend to the future queftioning of
any perſon of perſons, however concerned in this bulineſs, of who
had any hand in the limults, oz diſozderly procuring the Næ afozelaid,
any thing herein contatied to the contrary thereof notwithſtanding.
May his, and all the Innocent Blood that was ſhed after it, for ever
ſleep, and not like the Souls under the Altar call out, Quoufq; Domine,
crying for Vengeance upon this Nation.
The Poets of the Age were not wanting to Embalm the Memory of
fo
great a Mecænas with Elegies and Epitaphs, though ſuch was the little
Envy of his Enemies, that they did not only ſuppreſs but puniſh
the Printers and Publiſhers of them, one Holmer being clapt up in the
Gate-Houſe by a Vote of the Commons, for Printing Scandalous Verſes
upon the Earl of Strafford. Among the reſt
. Cleveland then great in
Reputation, beſtowed theſe 2 Epitaphis upon this Noble Earl.
Epitaph upon the Earl of Strafford.
Ere lies Wiſe and Valiant Duſt,
Huddled up'twixt fit and juſt.
Strafford who was hurried hence
'Twixt Treaſon and Convenience.
He ſpent his time here in a Miſt,
A Papift, yet a Calviniſt.
His Princes neareſt Foy and Grief:
He had, yet wanted, all Relief.
The Prop and Ruin of the State,
The Peoples violent Love and Hate.
One in extremes lov'd and abhorrd,
Riddles lye here. And in a word,
Here lies Blood, and let it lye,
Speechleſs ſtill and never cry. .
Epitaphium Thoma Comitis Straffordii, &c.
Xurge Cinis, tuumque folus qui potis es, ſcribe Epitaphium,
Nequit Wentworthi non eſſe facundus, vel Cinis,
Effare marmor, & quem cepiſti comprehendere
Mačte & exprimere.
Candidius merétur Urna, quam quod rubris
Notatum eſt literis, Eloquium.
Atlas Regiminis Monarchici hìc jacet laſus;
Secunda Orbis Britannici Intelligentia ;
Rex Politiæ & Prorex Hiberniæ ;
Straffordü & Virtutum Comes;
Mens Jovis, Mercurii ingenium, & lingua Apollinis,
Cui Anglia Hiberniam debuit, ſeipſam Hibernia;
Sydus
Hefuddled up
7
4
6
3
:
.
1
1.
1
!
:
44
!
HT
Wema
A
L
hill
1
.
INI
W
205
16.4.I.
lu,
A HAI
1
1
wy
1
1
d
1
1
11
1
ER
។
.
from the Scotch Rebellion to the King's Murther.
Sydus Aquilonicum ; quo ſub rubicunda veſpera-occidente
Nox fimul & dies viſa eſt; dextróque, oculo flevit
lævoque lætata eſt Anglia.
Theatrum Honoris, itemque ſcena calamitofa Virtutis;
Actoribus,morbo,morte, & invidia,
Que ternis animoſa Regnis, non vicit tamen
Sed oppreſlit.
Sic inclinavit Heros ( non minus ) caput
Belluæ ( vel. fic ) multorum Capitum ;
Merces furoris Scotici, præter pecunias.
Erubuit ut tetegit ſecuris,
Similem quippe nunquam deguftavit fanguinem.
Monſtrum narro; fuit tam infenſus legibus
Ut prius legem quam nata foret violavit;
Hunc tamen non ſuſtulit lex
Verùm neceſſitas non halens legem.
Abi Viator,
Cætera memorabunt poſteri.
Which for their fakes who underſtard not the Language, I have thus
Tranſlated into Engliſh, though not without loſs to many of thoſe Beau-
ties and Graces which are fo peculiar to the Latin, as not to be expreſs-
ed in our Language.
An Epitaph upon Thomas Earl of Strafford, &c
Riſe Noble Duſt,
Thou only canft unto thy ſelf be juſt ;
Write thine own Epitaph, ſpeak thy wonted ſence,
Great Wentworth's Aſhes can't want Eloquence.
Although his Innocence deſerves an Elegy
Whiter then Redſtreak Marble can ſupply,
Tet weeping Marble tell,
Who does beneath thee dwell.
The Atlas of Monarchique State lies here
The ſecond Mover of Great Britains Sphere,
The King of Politiques, Irelands Deputy,
And in a word,
Of Strafford and of Virtue, the Illuſtrious Lord,
Does underneath this Marble breathleſs lye.
The mighty Jove did his great mind beſtow,
and nimble Mercury his Wit,
Apollo on his Tongue did ſit,
Ireland her ſelf, England to him did Ireland owe.
Bright Northern Star!
When
in a Bloody Cloud he fet,
Night and Day together met,
England did ſeem of her right Eye bereft,
To weep, and laugh untowardly with what was left.
The Scene of Honour, and the fatal Stage
Of Virtuous and Diſtreſſed Innocence,
The Actors Envy and Three Kingdoms rage
Cagainſt them what Defence)
Oppreſt
.
አ M
1
1
1
3
1
2
1
t
:'
w
1
i.
.
יך
206 An Impartial Collection of all the memorable Events
1 641.
Oppreſt but yet not overcome he ſtood,
Unconquered ſtill, and met the Rolling Flood;
Thus the Illuſtrious Hero bow'd
For ſuch he was at leaſt)
He bow'd his Noble Head unto the Beaſt
Of many Heads, the Croud;
Into the Bargain thrown
Of ready Money then paid down,
To Scottiſh Traytors to Invade the Crown.
The bluſhing Ax amazed ſtood,
It nere before had drunk ſuch Blood !.
A wonderous thing I tell
Illuſtrious Strafford fell
Obnoxious to the Law, ſtrange Crime!
Before the Law was made to puniſh him.
How Strafford dy.d. then would you know ?
Lawleſs Neceſſity gave the Fatal blow.
Paſs on 0 Traveller, wee'd best
Here leave him, and Poſterity to weep the Reſt.
It will poſſibly be fome ſatisfaction to the Curioſity of the Reader, to
ſee thoſe Papers of Sir Henry Vane's, which ſeem to have been of ſuch
Conſiderable import, as to have caſt the Beam in the Fate of this
great
Perſon, and indeed I had done it in its proper place had thoſe Papers
then come to my hands; but however better late then not at all; and if
they contribute to the ſatisfaction of the Inquiſitive, they are to ow the
Obligation, as upon all occaſions I ſhall do, to the kindneſs of the Right
Honourable Sir Francis North; Late Lord Chief Juſtice of the Common-
Pleas, and now Lord-Keeper of the Great Seal of England; who was
pleaſed to furniſh me with a Tranſcript of fome Memoirs of the late Earl
of Mancheſter's, the Originals being written with the ſaid Earls own
hand, and therefore in his own words take the following account of
that Affair.
1
11
1
i
nil
!!!
1
1
114
H1
II
+
An account
of Sir Henry
Vanes Nores
ſo fatal to the
WH
CC
:
CC
...
1.
!
Hen the King had Diſſolved the Parliament in April, 1640.
He committed the management of his greateſt concernments
to certain Lords of his Council, who were called the Juncto. At this
Earl of Straf- « Table Sir Henry Vane as Secretary of State was preſent, and had ta-
ken ſome rude and imperfect Notes of ſuch Speeches as thoſe Lords
“ had ſeverally delivered to the King by way of Debate; whether he
“Tranſcribed thoſe Notes is uncertain; yet his great care in keeping
them, makes it more then probable he deſigned to have ſomething in
“ readineſs if an occaſion ſhould be offered that might turn to the Earl
“ of Strafford's prejudice, againſt whom he had a private hatred, the
“ Earl having obtained from the King the Title of Raby for his Barony,
« which was the hereditary poſſeſſion of Sir Henry Vane ( though by
“ Gift from the King.)
« But this Grudge lay concealed, leſt the intended Revenge againſt
the
Earl ſhould not take Effect
in the proper ſeaſon, for if Sir Henry
Vane's Malice had been profeſſed, the Earl of Strafford's Power
“ would eaſily have diſordered and diſappointed all his oppoſite At-
tempts. Theſe Notes were therefore laid up in his Cabinet, till he
« found the differences betwixt the King and his Subjects of Scotland,
1
1
2
AC
mt
to
!
+
4
'
1
}
1
42
Hull
1
1
17
-
1
اد البرز
WWW
1
i
TON
W
+
ali
а.
CC
۳
2
.
CC
11
! יצרוך
HLI
11'
C
1
CC
(C
IT
!!
A
from the Scotch Rebellion to the King's Murther.
207
to be in a fair way of compoſure, and then he thought it the fitteſt | 16 4.1.
“ time to diſcover thoſe private Councils, and engage the Lords and
“Commons when ever they met in Parliament to an irreconcilable ha-
“ tred againſt him.
“ But his fears were great in owning himſelf as an Informer or Accuſer,
« left he ſhould loſe the Place and Favour which he lield in Court, and
“ be looked upon by the King as a Perjur'd Councellor, a falſe and un
worthy Servant. Yet he thought it might prove unſafe and unſucceſs
ful to imploy a Stranger in a buſineſs of ſo great Concernment to
him ; he therefore reſolves to improve his Malice and Subtilty by one,
“whom nature had made his living Copy, and he takes ſuch
Courſe as might caſt the blemiſh upon his Son, yet gain the means of
that' Revenge which he deſigned.
“He was then in a Treaty of Marriage for his Son, with the Daugliter
of Sir Chriſtopher Wray, and being called upon to produce the chief
Writings of his Eſtate, he being then at his Country Houſe in Kent,
gave his Son the Keys of his Cabinet at Whitehall, and directed him
" to ſuch a Drawer were he ſhould find thoſe Writings which were de
fired; but no ſooner had his Son opened the Cabinet and the Drawer
according to his Fathers directions, but he found a Paper with this
Indorſment. Notes taken at the functo. This Paper, either from his
own Curioſity or his Fathers Direction he opens and reads; and ha-
ving a particular Acquaintance with Mr. Pym, he repairs to him with
great Expreſſions of a troubled Mind, not knowing what way to ſteer
himſelf betwixt the Diſcharge of his Duty to the Common-wealth and
his faithfulneſs to his Father.
“ Mr. Pym endeavoured to anſwer his Scruples, and having peruſed
“the Paper, he found many Expreſſions of dangerous conſequence;
he therefore took a Copy of thoſe Notes for his own uſe, but when the
" Parliament met, he reſolved to make uſe of them for the Service of
" the Publique ; and aſſured Mr. Vane, that all tender care ſhould be
“had of his Reputation, and of his Fathers fecurity, and that his name
“ ſhould not be made uſe of as the Author of this Information, unleſs it
“ ſhould appear to him to be of abſolute neceſſity to avow the Diſcovery
«c of it. For theſe reaſons the cloſe Committee was deſired; preparato-
ry Examinations were contrived, that the truth of theſe counſels
“and Advices delivered to the King by the Earl of Strafford might
«. Have been gained from the Confeſſion of thoſe Lords which were pre-
ſent at the Debates.
Upon this defire of the Houſe of Commons the Lords declared that
ño Examination ought to be taken before the particular Charge againſt
the Earl of Strafford were given in, and that they underſtood the de-
“ fire of the Houſe of Commons in no other fence, and therefore they
Ordered, That for that time and in that caſe, ali the Peers ſhould be
Examined upon Oath as Witneſſes, and that the Aſſiſtants ſhould like-
“wiſe be Examined upon Oath, if it were required; and that they
would endeavour with their beſt care to have the buſineſs kept ſecret,
and that ſuch of the Houſe of Commons as ſhould
be made choice of,
might be preſent at the taking ſuch Preparatory Examinations as ſhould
be deſired by them for perfecting of the Charge againſt the Earl of
Strafford.
1)
1
CC
1
}
1
:חו
(6
HHL.
7
.66
1.449
W
છે.
(C
1
1
+
:
Sir
ា
1
208 An Impartial Collection of all the memorable Events
I 641.
Sir Henry
Vane's Notes
taken at the
Jundo.
ced or not?
Sir Henry Vane’s Papers the 5th of May, 1640.
L. L. Ireland.
No danger in undertaking the War, whether the Scots are to be redu-
To reduce them by force, as the State of this Kingdom ſtands.
If his Majeſty had not
declared himſelf
so soon, he would have declared
himſelf for no War with Scotland. They would have given him plentifully
.
The City to be called immediately and quickned to lend One Hundred
Thouſand Pounds.
The Shipping Money to be put vigorouſly upon Collection, thoſe two ways
will furniſh his Majeſty plentifully to go on with Arms and War againſt
Scotland.
The manner of the War.
Stopping of the Trade of Scotland no prejudice to the Trade free with
England for Cattel.
A Defenſive War totally againſt it.
Offenſive War into the Kingdom, His Opinion, few Months will make
an end of the War, do you invade them.
1
Lord Arch.
biſhop
L. Arch.
+
L
If no more money then propoſed, how then to make an Offenſive War
a difficulty.
Whether to do nothing and let them alone, or to go on with a vigorous
War.
L. L. Ireland.
1
+
Go vigorouſly on, or let them alone, no Defenſive War, loſs of Honour
or Reputation, the quiet of England will hold out long, you will languiſh
as between Saul and David.
Go on with an Offenſive War as you firſt deſigned, looſed and abſolved
from all Rules of Government.
Being reduced to extreme neceſity, every thing is to be done as power
will admit, and that
you are to do.
They refuſed, you are acquitted toward God and Man. You have an
Army in Ireland you may imploy here to reduce this Kingdom.
Confident as any thing under Heaven, Scotland will not hold out Five
Months, one Summer well imployed will do it, venture all I had, I would
carry it or loſe it.
Whether a Defenſive War as impoſſible as an Offenſive War! or whe-
ther to let them alone.
L. Arch.
Tryed all ways and refuſed all ways. By the law of God you ſhould
have
ſubſiſtence, and ought to have, and lawful to take it.
Lord. Cott.
L. Cott.
Leagues abroad they make and will, and therefore the defence of this
Kingdom.
The
I
/
it'
21 |
n!
.
II, "THE
w!
HIL
UW
Tilt
from the Scotch Rebellion to the King's Murther. 209
The Lower Houſe are weary both of King and Church.
It always hath been juſt to raiſe Moneys by this unavoidable Neceſſity, 16 4 1.
therefore to be uſed being lawful.
May,
1
L. L. Ireland.
!
HT
Commiſſion of Array to be put in Execution.
They are to bring them to the Borders.
In reaſon of State you have power when they are there to uſe them at thë
King's Pay; if any of the Lords can ſhew a better let them do it.
Town full of Nobility, who will talk of it, he will make them ſmart for Obſer.
1
it.
11
1
+
Thus did Ambition and private Revenge diſguiſe themſelves under the
popular pretence of publique Juſtice and tenderneſs for the ſafety of the
Common-wealth. The truth is, Power and Greatneſs do always ren-
der the Great Miniſters of State Criminals to Malice and Envy ; and of
this, I will give two remarkable Inſtances out of the above mentioned
Memoirs of the Earl of Mancheſter.
הוי ולא
w
12
IH
bir
(
.
(C
the Faction.
ic
(6
1.
--
(G
CC
“When, faith he, ſtrickt Scrutiny was made into the Councils and The reason
Actions of thoſe who were in greateſt Power and Credit with the King, queſs Hamil-
"divers of the Privy-Council,moſt of the Judges,came under the Debate fon and the
of a Capital or Criminal Impeachment, and the very Order of Epif- tor eſcaped
copacy with all its Hierarchy, incurred the Odium of Superſtitious the fury of
"Pride and Oppreſſion. But they who were looked upon as the prin-
cipal Inſtruments of thoſe Miſchiefs, which threatned the Ruine of
the Three Kingdoms of England, Scotland and Ireland were, the
Archbiſhop of Canterbury , the Earl. of. Strafford, the Marquiſs
Hamilton, and the Lord Cottington, theſe were of the Juncto where
all things of conſequence and privacy hrad been conſulted and reſolved,
" and theſe were deſigned firſt to be queſtioned.
“But the Marquiſs Hamilton ſeeing a dark Cloud:gathering over his
head, thought it neceſſary to ſeek a timely Shelter, and upon conſul-
tation with his Friends about the moſt probable way for preventing of
“the Clamour of the Commons which might prove a fatal Vote againſt
him, he was adviſed to improve his Intereſt in the Commiſſioners of
Scotland; for he had perſonally obliged ſome of them, and the reſt
"could not but acknowledge that he had Expreſſed a great care of his
Nations happineſs in all thoſe imployments wherein he had been
truſted by his Majeſty ; for though he often ſhewed a great Averſioni
and activeneſs againſt them in their Cauſe and Quarrel, yet in all
their Extremities they found him a Friend intending their good: He
therefore preſſed them to intercede for him, which they did with
earneſt ſolicitations. They likewiſe gavefuch Engagements for his fua
ture Compliance with the Parliaments Deſigns, as he was not only
Exempt from all fear of Accuſation, but he became a Confident in all
..their private Deſigns againſt others, and employed his Credit with the
" King for the obtaining many. and great conceſſions,
“The Lord Cottington could not hope for ſo powerful-an-interceſſion,
neither durſt he rely on his Innocency as Parliament-proof; therefore
he had recourſe to that pruident if not ſubtle way, by ſtrip
ping himſelf of. his Skin to ſave his life. He knew the Maſterſhip of
Vol. II.
the
(C
60
60
CC
+
Еe
. ++ ditt
4
!
1
1
1
210 An Impartial Collection of all the memorable Events
May,
the Wards was a place of that value and power as probably it might
I 641.
" ſtop the Moutlis of his greedy Enemies, or elſe open the hearts of ſome
towards him, in a way of Protection and Friendſhip; He therefore
“ declared to the King his condition, and propounded the making the
“ Lord Viſcount Say and Seal to be his Succeſſor. This proved a very
ſucceſsful policy, for as ſoon as this was made known to thoſe who
were concerned in their hopes of his place, all Criminal Aſperſions
were laid aſide, and he gained the advantage of a retired and quiet
(
CC
“ being.
1
.
..
1
Thus far the faid Earl in his Memoirs, who was no Stranger to the
moſt private tranſactions of thoſe perſons and times.
The Fall of this lofty Cedar gave not only a general conſternation to
all the Kings Friends, but the greateſt encouragement imaginable to the
whole Faction; who could not difſemble their fatisfaction at their ha-
ving gained ſo importanta point, but that it boyled over at the Mouths
of the leſs cautious and more warm of the Party ; înfomuch that I have
heard one who was inwardly. acquainted among them affirm, that one
of them,as I think Mr. Pym,
was heard to boaſt of their ſucceſs in words
to this effect, Have we, faith he, ſpeaking of the Kings paſſing the Bill
of Attainder againſt the Earl of Strafford, got him to part with Straf-
ford : then he can deny us nothing.
And certainly nothing could be of greater diſadvantage to his Maje-
ities Affairs, then this facrificing a Great Court Favourite, to their Wills
rather then 'to Law or Juſtice; For the whole Nation knew how dear this
Great Man was to his Maſter, and the great ſtruglings which the King
made, if poſſible to ſave him, and the reluctancy with which he ſeem-
ed to reſign him rather to neceſſity then reaſon, as it made the victory
appear greater, fo it taught all others of the Kings Friends the greatneſs
of their danger, and the impoſſibility of ſtemming ſo ſtrong a Torrent,
as had wrackt ſo brave a perſon as the Earl of Strafford. Nor did they
think it any diſparagement when they ſaw the King himſelf ſtoop to fuch
coinpliances, for them alſo to bend their Necks. And doubtleſs as no-
thing can more encourage the Servants and Miniſters of any Prince, in
circumſtances and difficulties of this nature, than the courage and re-
ſolution of the Prince himſelf, ſo nothing can depreſs their Spirits, com-
parably to the fear of ſeeing themſelves deſerted and left to the Fury and
Rage of their Enemies, for adhering faithfully to, and vigorouſly proſe-
cuting the Intereſts of their Maſter. And had his Majeſty made uſe of
his Royal Prerogative and refuſed to Paſs the Fatal Bill, it could not
have happened worſe to him then afterwards it did, but it might have
Proved better; becauſe they were not then in a condition to Levy a For-
mal War againſt him as afterwards they did, his Majeſty having a very
good Army in the North to have Oppoſed them, and had the Earl faved
his, a Noble and Valiant General to have been at the head of them.
But to return to the Parliamentary Affairs, the Tumults were grown
Toinſolent, that his Majeſty being ſenſible of the danger of them, ſent
aiMeſſage to the Lords about them. Upon which the Lords deſired a
Conference with the Commons; the heads of which the Lord Privya
Seal delivered as follows.
PIVO", +
THat he was commanded from the King to declare to both Houſes at a
Conference,tbat the People do aſſemble in fuck unuſual numbers, that his
Majeſty
1
Conference a
bout the Tu.
mults.
1
Try
H
.
1
+
+
WH
21
I'
5
=
11.
1
1
TH
H WI
II
1.
the way,
2
from the Scorch Rebellion to the King's Mürther. 211
Majeſty fears the Council and the Peace of the Kingdom may be interrupta May,
ed: and therefore as a King that loves Peace, takes care that all Pro- 1641.
ceedings in the Parliament may be in a fair temperate and peaceable manner.
It being now time of Parliament his Majeſty will not of himſelf preſcribe
but expects that both Houſes upon mutual Conference will adviſe
ſuch a courſe which may belt preſerve the quietneſs of the Kingdom.
That their Lordſhips Yeſterday morning finding a Multitude in the
Palace-Tard, did make an Order, and declared it to Tën of the principal
Perſons of them in the open Houſe of Parliament.
That the Houſe of Commons being the Repreſentative Body of the
Commons of this Kingdom, who had brought in the Bill againſt the Earl
of Strafford, their Lordſhips thought fit to let them know, that i heir
Lordſhips are going on to the final. Concluſion of the great buſineſs concern-
ing the Earl; but are fo, compaſed with Multitudes that their Lördſhips
may be conceived not to be free, unleſs theſe companies of people be ſent
home, whoſe flocking hither doth only hinder their Lordſhips from going on
to conclude that great buſineſs
,
And therefore their Lordſhips deſire them to conſider with their Lord-
ſhips, how this buſineſs of ſuch Importance may be firſt expedited and not
interrupted by the concourſe of ſuch numbers of People, the buſineſs ha-
ving no other hindrance but their Concourſe about both Houſes in this
manner.
1
:
1.1
But the Commons had occaſion for the Tumults, and they were not
to be diſcouraged, and therefore inſtead of an Anſwer they åt'another
Conference preſent them with the Proteſtation, of which before.
Tueſday mag
Amidſt all theſe concerns of greater Moment, the Faction was ſtill the 4th.
at leizure not only to affright their Enemies but to encourage their
Friends. For on the one ſide, on Tueſday the 4th of May, theſe Votes
Paſſed in favour of John Lilburn the great and avowed Enemy of Epiſ-
copacy, for which he had been Sentenced in the Star-Chamber, and
upon Mr. Rouſe's reporting of his Caſe to the Houſe;
Reſolved &c. That the Sentence in the Star-Chamber given againſt Vores for faa
Foln Lilburn, is illegal and againſt the Liberty of the Subject, and alſo vour of Fobi
Lilburni
bloody, wicked, cruel, barbarous and tyrannical.
Reſolved &c. That Reparation ought to be given to Mr. John Lilburn
for. his Impriſonment, ſuffering and loſs ſuſteined by that illegal Sen-
tence.
And on the other ſide that they might bring the Biſhops under the
Popular Odium, Mr. William Thomas in a long and ſtudied Speech,
which was afterwards Printed and Publiſlied, endeavoured to blacken
the whole
Order to that Degree, that they might not appear fit to con-
tinue Members of Parliament, or indeed : fit to live; for having got a
taſt of the Blood of Strafford, they were now meditating how to make
the Ax taſt of the Blood of the Archbiſhop of Canterbury, whom the
Presbyterians and other Sectaries eſteemed one of their greateſt Ene-
mies.. The Speech as I find it Printed is as follows.
have formerly ſpoken of the preſent Church Govertiment, býArch- Mr. William
biſhops, Biſhops, &c. Declaring the corruption, and unſoundneſs Thomas his
Specch against
thereof, and how far degeneraté, if not contrary to the pure Primi- Biſhops, May
tive Apoſtolical Inſtitution: alſo I have touched a little of the other the 4th,1641.
Vol. II.
parts,
I
Ee 2
1
!
!
It
+
1
LINII
lih Win!!
HI 14,4
1
(C
}
(C
CC
CC
C
CC
C
CC
ac
212 An Impartial Collection of all the memorable. Events
May,
parts, as how unlawful it was for them to intermeddle in Temporal
1.641.
“ Affairs, to uſe Civil Power, or to Sit as Judges in any Court, much
« leſs in the Court of Parliament where they paſs Cenfure, and Judg-
ment not only of our Lives and Liberties, but on the Eſtates, and In-
heritance, and Blood as of us, fo of our poſterity: And as this is un-
lawful by the Divine Law, fo by the Canons of the Church ; yea of
“ this Church, and Acts of Parliament of this Realm (whereof I ſhall
“further enlarge my ſelf in my enſuing diſcourſe:) ſo hath their
Sitting there been prejudicial and obnoxious to Kings, and Subjects.
"Now I deſire briefly to declare when and how the Biſhops came to be
Members in the Parliaments in the Houſe of the Lords, and by what
“ means they continued their Sitting there; becauſe preſcription is much
“ inſiſted upon; Although. long uſage ( as King James truly delivereth )
confirmeth no Right, (if unlawful originally, or at convenient
times interrupted.) And whereas it hath been demanded why the
“ firſt of our Reaſons, viz. That it hindereth Eccleſiaſtical Vocation,
was not urged 600 years ago. I anſwer, there was then no cauſe;
for the firſt beginning of Parliaments was not 74 years after. But if
this had been delivered of the lawfulneſs and conveniency of their
intermedling in Temporal Affairs, I ſhould have replyed, that it hath
been declared not only 600, but 1600 years ago, and in each Centu-
ry
ſince. But ſuppoſing and granting that it was meant of ſuch Par-
“liaments as were before the Conqueſt, you ſhall find that above
“ Six Hundred years ago the Prelates are charged by their intermed-
ling in ſecular Affairs) to neglect the Office of Epiſcopal Function.
Hollingheado For this we read, the Clergy were altogether unlearned, wanton, and
vitious; for the Prelates altogether neglected the Office of Epiſcopal
“Function, which was to tender the Affairs of the Church, and to feed
“the Flock of Chriſt ; lived themſelves Idle, and Covetous, addicted
wholly to the Pomp of the World, and voluptuous Life, little ca-
< ring for the Churches and Souls committed to their charge.
And if any ( faith Higden) told them that their lives ought to be
Policron. lib. 6. " holy, and their converſation without covetouſneſs, according to the
facred Preſcript, and virtuous example of their Elders, they would
ſcoffingly put them off with a
Nunc aliud tempus, alii pro tempore mores.
“Thus ( faith he ) they plained the roughneſs of their doings with
the ſmoothneſs of their Anſwers. Briefly, they were fo looſe and rio-
Gervaſius De-
tous (faith Gervaſius of Canterbury) they fell fo faſt to commit
robernenfis.
wickedneſs, as to be ignorant of ſinful Crimes, was then held to be a
great Crime it ſelf.
And the Clergy (faith Malmesbury) contenting themſelves with
trivial Literature,could ſcarcely hack and hew out the words of the Sa-
Malmsbury.
crament. Robert was then Archbiſhop of Canterbury, who inſtigated
King Edward the Confeſſor againſt his Mother Queen Emma, charg.
ing her with incontinency with Alwyn Biſhop of Wincheſter (obſerve
“ how one Locuſt ſtings another, which ſhe waſht away and cleared her
Malmsbury.
ſelf of, by a ſharp Tryal of Fire, Candentis Ferri, being (put accord-
ing to the Law Ordalium) to clear her felf
, by paſſing Nine Plough-
ſhares , glowing red hot, bare-footed and blind-folded, which ſhe did
“ without hurt. And as this Biſhop had charged the Queen his Mother
with incontinerice, ſo did he likewiſe the Queen his Wife
Edith or
Egith
Rand. Higden
cap. 74:
CC
C
(C
CC
William
16
CC
+
CC
william
41
!
Wh
.
44
1
INI
HI
...
1
TY
"I:
I
+W
1
CC
".
kc
(
«
Year 1040
CC
1
1,
from the Scotch Rebellion to the King's Murther. 213
Egith with Adultery; but no leſs untruly and unjuſtly,then malitiouſly May
" and enviouſly, as faith Malmesbury, ſie being a Lady incomparable, 1641.
as for Beauty, fo for Virtue, in whoſe Breaſt there was a School of
all Liberal Sciences. And the like teſtifies Ingulphus, that had often
“ Conference with her, that as ſhe was Beautiful, and excellent well
Learned, ſo in her demeanor, and whole courſe of Life, a Virgin moſt
“Chaſt, humble, and unfeignedly holy, mild, modeſt, faithful, and in-
nocent, not ever hurtful to any. And do we not read that about the
, that Biſhop Alfred had his Hand deep in the Murder of
Prince Alfred, who, having liis Eyes inliumanely put out, lived not
long after, in torment and grief: Some ſay he died by a more horrible
Kind of Cruelty, as his Belly was opened, and one end of his Bowels will
. Caxton.
"faſtned to a Stake, his Body pricked with ſharp Ponyards, till all his
"Entrails were extracted, in which moſt Savage Torture lie ended his
"innocent Life. Theſe Biſhops little regarded Eccleſiaſtical Vocation,
or Function, but Worldly Pomp and Courtly Rule. They cannot be
" at Aſſemblies of States, and Parliaments, but their neglected Flock
“ muſt be ſtarved ; Theſe feed not their hungry Sheep, but hunger to
“ feed on them; and this Care of the World volves them in a world of
“ Cares. What hath been ſpoken of thoſe Biſliops, I wiſh had not been
delivered of other Latter Prelats, wherein I crave Leave to ſpeak what
“others write. That they are grown to tliat Height of Idleneſs, (the
"Mother of Ignorance, and Luxury within themſelves,) and by rea-
“ fon thereof, in contempt and baſe eſtimation with the People, that it
" is thought high time that blood ſhould be drawn from their ſwelling
« Veinis: I will not (though perlaps I might) lay with them, that
" the Commonwealtli hath little uſe of ſuch (I mean of our Lordly Bi-
ſhops) but for that they are ſo far degenerated from the Primitive inſti-
tution, I wiſh there were reformation ; I ſpeak not of demoliſhing, but
“ of Amendment; and Reſtitution, and until it appear that the whole is
“ unſound, I ſhall not áſſent to utter extirpation, or eradication. Thus
" much I have made bold to deliver, though not in due place, nor in
any purpoſe to plead againſt thoſe, or any of them, that lave decla-
red themſelves to be of contrary Opinioni : I am not ignorant of my
diſability to enter the Liſts with any, or to contend with ſuch Wor-
“ thies in this or other Argument: but I hope there will not be denyed
to mie Leave, and Liberty to declare the Cauſe and Reaſon of my Vote
in this Houſe, in which I have the honour to ſit as a Member : And if
“I have erred, I have been miſ-led not only by Learned Fathers, and
“Divities, by Synods, and General Councils, but by great Lords, and
Barons, yea by the whole Peerage of theſe Kirigdoms of England, and
France : Peter Lord Primandy, and Barree, who writ the French Aca-
demy, and dedicated the fame to Henry the Third King of France;and
" Poland, in that Book, and Chapter of the Cauſes that bred Change,
faith, That Biſhops and Prelates neglecting their Charge to beſtow their
times ir worldly Affairs, grew to Milliking, and Contempt,have procured
great Offences, and
marvellous Trouble, which may more eaſily be lament-
ed then taken away, or reformed, being ſuch Abuſes ås have taken deep
“ Root. And what he affirmeth did the Peers of France unitely deliver,
That Biſhops ſhould follow St. Peter's Steps, to win Souls, and not to meda
" dle with Wars and Murder of Mens Bodies.
“ But to come neer, and to ſpeak of England, Let us hear what the
Engliſh Lords did declare ; We read that they did Decree in the time,
"
1
1
1
00
6 and
4
1
1
ICC
1
1
1
OC
C
IC
}
CC
66
CC
1
.
1
2 14 An Impdrtial Collection of all the memorable Events
May, “and Reign of King John, That Biſhops ſhould not intermeddle in Civil
1 641. Affairs, or Rule as Princes over their Vaſals, and the reaſon is ren-
drėd; for Péter (ſay they ) received no power but only in matters per-
taining to the Church : and further inlarging themſelves, uſe theſe
". words : It appertains not to Biſhops to deal in Secular Affairs, ſince
" Peter only received of our Savioura power in matters Eccleſiaſtical :
wliát ( ſay they ) hath the Prelates to intermeddle with Wars ?
ſuch are conſtantine's Succeſſors, not Peter's
, whom as they repreſent
not in good Actions, ſo neither do they in Authority: fie on ſuch
"Raſcal Ribaulds; the words in Paris, are Marcidi Ribaldi ; how un-
“like are they to Peter that uſurp Peter's place : But this point of in-
termedling in Secular Affairs (though I have often digreſſed ) and in-
termingled with the former parts, is proved in its proper place to be
unlawful ( viz.) in that part that treateth thereof. Craving pardon
for this Deviation, I will purſue the preſent Argument (the obnoxiouſ-
neſs of their Sitting in Parliament,) and to come to the points I intend-
“ed to inſiſt on (viz.) The entrance of Biſhops into the Parliament
Houſe,and by what means they came there and continued. That they
" have fåte there from the firſt Parliament to this is not denyed: But as
we are not now to conſider an fuerunt but an profuerunt, ſo are we not
to debate and diſcuſs an factum but an fieri debuit ; for it was the Argu-
ment of a Pagan (viz.). Symmachus to the Emperor Theodoſius recorded
« by St. Ambroſe,ſervanda eſt tot fæculis fides noftra, & ſequendi ſunt Ma-
jores noftri qui ſecuti ſunt fæliciter ſuos. Our Religion, which hath
“continued ſo many years is ſtill to be retained, and our Anceſtors are
to be followed by us who happily traced the ſteps of their Fore-fathers;
but (with Tertullian ) nullam velo confuetudinem defendas, if good;
no matter how ſhort, ſince, if bad, the longer the worſe; Antiquity
without truth ( as faith Cyprian) is but ancient Error. The firſt Par-
"liament ( as I read) began 1116 or thereabouts, and in the Sixteenth
or Seventeenth year of King Henry the Firſt, who being an Uſurper,
brought in by the Biſhops to the diſheriſon of Robert his elder Brother,
admitted the faid Biſhops to be Members of the ſaid High Court, part-
ly in gratefulneſs,but rather for that he durſt not do otherwiſe: for was
not Ralph the then Archbiſhop of Canterbury ſo proud and inſolent a
"Prelate, that we read of him, that when Roger Biſhop of Salisbury
".Was to Celebrate the Kings Coronation, by reaſon of the Palſie of the
Archbiſhop, tliis cholerick outdaring Prelate could hardly be intreated
" by the Lords, to with-hold his hands from ſtriking the Crown from
“the Kings Head = of ſuch Spirits were thoſe ſpiritual Prelates, and the
“Jealouſie to loſe their pompous preheminence of Honours ; yet had he
no other reaſon for this his faucineſs, and bold Attempt, but for that
Roger did not this by his appointment. At the ſame time Thurſtan was
Archbiſhop of Tork, who though a diſloyal, and perjured Man by
Polichron. 1. 7. “ breach of his Oath to the King, yet was he highly favoured, and
“countenanced by the Pope, and put into that See by him, in deſpite
of the ſaid King. And as he, ſo the reſt of the Biſhops ( not leſs
"guilty, nor much leſs potent) were likewiſe admitted Members of
that high Court; and to ſpeak plainly, how could he ſpare their be-
ing in that Houſe, who were to juſtifie his Title to the Crown:
Now paſs we to King Stephen, another Uſurper , Nephew to the
former King Henry, him (though he had an Elder Brother and be-
fore them both the Title of Anjou by his Wife Maud the Empreſs; as
alſo
]
ic
h
Eadmerks.
:
1
Math. Paris
Anno 1119.
C. 18.
1
2
1
King Stephen.
11
60
.
11
+
,
1:
010
HI
CH
'n
4
14
I'
.
11
Ith
16.4.1.
dy
Mattb. Paris.
1
(C
YTI
li
14.
4
1. IN
1
.
HI
1.
!
i'
CC
4
(C
4 1.1
.
TH
1
CC
:
from the Scotch Rebellion to the King's Murther. 215
“ alſo of his Son Henry to precede) the Bishops did advance to the May
Royal Throne, no leſs perfidiouſly then trayterouſly, having former-
ly lworn to Maud the Empreſs. We are alſo to underſtand, that the
Biſhop of Wincheſter was his Brother, a very Poterit Man in the
“ State ; And it is worthy our Noting, that the Biſhops did endeavour
"to falve their Diſloyalty, and Perjury, by bringing in the Sa-
"lick Law to this Kingdom, Trayterouſly avowing, that it was baſes
neſs for ſo many, and ſo great Peers to be ſubject to a woman : Nay,
it ſeemeth the Biſhops did not intend to be true Subjects to him,though
“ a brave and worthy Prince, ( had lis Title to the Crown been as good H. Huntington:
as the Prelates at his Election did declare :) for read we not that the
Biſhops of Salisbury, Lincoln, Ely, and others, did fortifie Caſtles a-
gainſt him, and advanced to him in Armed, and Warlike manner Wendover.
Nay, did not his Brother the Biſhop of Wincheſter forſake him and in
a Synod of Clergy accurſed all thoſe that withſtood the Empreſs Maud, Paris. Málmhasa
bleſſing all that aſſiſted her ? Surely this Curſe ought to have fallen burg.
on himſelf, and the Archbiſhop, who did trouble the Realm with
Fire and Sword. Sure as theſe were too great to be put out of Par-
liament,ſo were they very dangerous therein. Unto Stephen ſucceeded
Henry the Second." In this time Thomas Becket was Archbiſhop of
Canterbury; what his demeanor towards his Soveraign was, and what
"Miſchief was by him occafioned to the Kingdom, would take too
much time to declare ; though ſome Papiſts that adore him for a
Saint, will ſay, he reſiſted on juſt Cauſe, yet I will deliver what I Caſarius dial.
lib. 8. c. 69:
" read, and render him with the Chronicles, an Arch-Traytor, and
tell
yoù that the Doctors in Paris did Debate, whether he were dam-
ned for his diſloyalty, Rogerus the Norman avowing, that he deſerved
death, and damnation for liis Contumacy toward the King, the Mi- Cent: 2.
“niſter of God. From him I paſs to his Son Richard the Firſt, who
had two Brothers, that were Biſhops, the one of Dureſme, the other R. Id
" of Lincoln, and after Archbiſhop of Tork, and going to the Holy
"Land, appointed for Governour of the Kingdom, William Longchamp
Chief Juſticiar, and Lord Chancellor of England, and Papal Legate. Fox p. 289.
This Vice-Roy, or rather King (for ſo Paris calls him) Rex & Saa
Paris, Hovedor
<cerdos, had joyned with himn Hugh Biſhop of Durefm, for the Parts be- &alit. Guil.
“yond Humber. This Kingly Biſhop (as Authors deliver) did uſe in- Nubu. lib. 4.
credible Inſolence, and intolerable Tyranny , and commit a moſt Sa-14, Hove-
crilegious, and Barbarous Out-rage upon the Perſon of Jeffery Arch- C. 17. Hovka
"bilhop of York, and natural Brother to King Richard the Firſt; for don p. 399.
" which afterwards (being taken in a Curtefans Apparel and Attire velut
“ delicata muliercula) he was baniſlied the Realm. Now as it was very
“ difficult to turn ſuch Papal Biſhops, and Regulo's out of Parliament:
“ lo certainly fúch Lord Biſhops did work there no little Miſchief to
“Regal Power, the Subjects Liberties, and the Weal publique. Cer-
tainly this was not the Duty and Office of a Biſhop ; ſurely the mattb
. Paris.
« Silk, and Scarlet Robes of Princes and Juſticiars, were as undecent Hollin in
for thiefe Billiops, as was the Coat of Iron of the Billiop of Beavois
,
"taken Priſoner by this King, which he ſent to the Pope, with a vide
an tunica filii tui fit, an non : to which he made Anfwer., That
he was not his Son nor the Son of the Church. For he had put off
the peaceable Prélate and put on the Warlike Souldier, took a Shield
" inſtead of a Cope; a Sword for á Stole, a Curace for an Albe, a Hel-
met for a Mitre, a Lance for a Biſhops Staff
, perverting the Order,
d
1
IC
#
Bile Brit.
CC
.
4
!
+
1
R. I
1
1
6 and
M
-27
11
HU
H
ú
!
4
L
1
1 641.
14
it
!
با برای
41
(C
ma
ili
.
06
CC
C
CC
Tliać even in
216 An Impartial Collection of all the memorable Events
May;
and Courſe of things. Thus we ſee, that a Biſhop muſt deſtroy
“Mens Lives, either as a Juſticiar in Court, or as a Souldier in Camp.
Qui fi non aliquem nocuiſſet mortuus eft, they would do any thing but
“what they ought to do (Feed the Flock ;) they deſire rather to Sit in
“Parliament,then ſtand in a Pulpit,accounting Preaching (according to
Biſhop Fuell) ſo far below their greatneſs, as indeed it is above their
goodneſs. We neither deny or reject Epiſcopacy, or Church Govern-
ment it ſelf, but the Corruptions thereof; and we ſay that the Biſhops,
“who ſtiffly maintained thoſe Corruptions, have inforced this our di-
“ ſtaſte.
“When Jacob was forced to depart from Laban for ill uſage, I con-
“ceive that the breach was in Laban, not in Facob.
So alſo thoſe that did forſake Babylon ( God commanding to depart
from it ) left they ſhould be partakers of their puniſhment, as they were
guilty of their Crimes, did not occahon the ſchiſm or breach, but the
Jins of Babylon : And we confeſs, that true it is, that we refuſe, and
forſake the preſent Church Government, but no further then it hath
“forſaken Pure, and Primitive Inſtitution, therefore let none ſay that
we are deſirous of Innovation : for, I think, we may boldly with the
förenamed Reverend Biſhop fuell
, affirm,Nos non ſumus novatores.
King John. " From King Richard the Firſt I come to King John, an Uſurper like-
wiſe, who was advanced to the Regal Throne by Archbiſhop Hubert,
* Obſerye this,
and the Prelates. * This lewd Biſhop unjuſtly declaring this and all
other Kingdomes to be Elective, and that no man hath Right, or fore-
thishans opi: “ Title to ſucceed another in a Kingdom, but muſt be by the Body of
nion is
the Kingdom thereunto Choſen, with Invocation of Grace, and Gui-
“ dance of Gods Holy Spirit; alledging further, and that (moſt plainly)
Hift. Major. by example of David and Saul, That whoſoever in a Kingdom Excelled
“all in Valour and Virtue, ought to ſurmount all in Rule and Authority;
s,and therefore they had all unanimouſly Elected Fohn, (firſt imploring
“ the Holy Ghoſts Aſſiſtance) as well in regard of his merits, as Royal
Blood. And thus the Biſhops blanch their diſloyal aſſertion with Sa-
“cred Writ, and their Lewd deviſed Plot with the Holy Ghoſts Aſſi-
“ ſtance. Hereby they rejected the juſt Title, and Hereditary Succeſſion
" of Arthur his Elder Brother's Son. And as he did this diſleriſon un-
"juſtly and diſloyally, fo did he this Election lewdly and fraudulently, as
himſelf after confeſſed, when being demanded the Reaſon of his ſo
doing, he replyed, That as John by Election got the Crown, ſo by Ejection
upon demerit, he might loſe the ſame; which after he did endeavour to
his utmoſt
, and at laſt effected by depriving him of Life, and King-
dome.
Let me not be miſconceived, I know Hubert died 8, or 10 years
“ before him, but what he did begin, and forward, was furthered and
“purſued by Stephen Langton and other Biſhops and Prelates, too
him Principio. long to rehearſe. His other Brother being Archbiſhop of Tork, a
frænum.
ſtrange Example, faith Malmsbury to have a King ruled by two Bre-
“thren of ſo turbulent humours. Many of their Treaſonable Acts,
"and:Diſloyalties, I will omit, and paſſing by as well particular Biſhops
" and Prelates, as Stephen Arch-Deacon of Norwich, and others, as allo
of them in general, I will only relate one villanous paſſage of Trayte-
rous Diſloyalty ; whereof ( as good Authors deliver ) the Archbiſhops,
and Prelates were principal Abettors, and Conſpirers.
:.
no Eledive
Monarchy
Matthi Paris
1
។
1
!
1.
i
6
:
1
i
11
(G
1
Matth. Paris.
R. Hovedon
Girald. Cam.
who called
1
1
1
4
CC
6 The
1
th
il
f
"
an
HIC
THE
1
L
4
1
I!
19
(C
Paris.
11
11
L
1
(C
1
1
1
(C
1
!
ti
in
4
4.
from the Scotch Rebellion to the King's Müribet. 219
“The King being at Oxford, the Biſhops and Baróns caine thither with May.
“armed Multitudes without number, and forced him to'yield, that the 16 & .
Government ſhould be ſwayed by 25 Selected Peers.
“Thus one of the greateſt Soveraigns was but the Six and twentieth
petty King in his own Dominions, &c. To him Succeeded his Son
“K. H. 3. who being at Clerkenwel, in the Houſe of the Prior of
“ Saint John's, was told by him no leſs fawcily, than diſloyally (if I
may not ſay traiterouſly) That he ſhould be no longer King, thian he
"did Right to the Prelates. Whereto he anſwered, What ? do you mean
to deprive me of my Kingdom, and afterward Murther me , as you did
my Father : And indeed they performed little leſs, as ſhall hereafter
appear.. Bụt now to take the particular páſſages in order.
In this King's Reign, Stephen then Archbiſhop of Canterbury, as we
read, was the Ring-Leader of Diſorders both in Cliurch, and State ;
and no better was Peter Biſhop of Wincheſter; "But not to ſpeak of
“them in particular, but of them all in general; and that in Parliament
at Oxford, faith Matth. Paris
, and Matth. Weſtm. came the Séditious
“Earls, and Barons, with whom the Biſhops Pontifices (ne dicam Pha-
“riſei, thoſe were his words) had taken Counſel againſt the King, the
Lord's Anointed, who ſternly propounded to the King ſundry traite-
"terous Articles, to which they required his Aſſent; but not to reckon
“all the Points, you ſhall hear what the fame Authors deliver of their
“Intent, I will repeat the words as I find them. Theſe turbulent Nobles,
faith M.Weft. had yet a further Plot than all this, which was firli
"hatched by the Diſloyal Biſhops, which was, That four and twenty Per-
fons ſhould there be choſen to have the whole Adminiſtration of the
King and State, and yearly appointment of all great Officers, reſerving
only to the King the higheſt Place at Meetings. Primus Accubitus in
Cænis, and Salutations of Honour in Publick Places. To which they
forced him and his Son Prince Edward to Swear for fear (as mine Au-
"thor faith) of Perpetual Impriſonment, if not worſe: for the Traite-
rous Lords ļiad by an Edict threatned Death to all that reſiſted. And
“the Perfidious, and wicked Archbiſhop and Biſliops, Curſing all that
ſhould rebel againſt it : Which impudent and Traiterous Dilloyalty
(faith Matth. Paris, and Matth. Weſtm.) the Monks did deteſt, ask-
ing, With what fore-Beads the Prieſts durst thus impair the Kingly
Majeſty, expreſly againſt their ſworn Fidelity to him. Here we fee
“the Monks more Loyal, and Honeſt than the Lord Biſhops: we have
“Caſhiered the poor Monks, and are we afraid of the Biſhops Lordlineſs,
“that they muſt continue, and fit in Parliament, to the Prejudice of the
King, and People: And ſo we may obſerve, That this* Traiterous
Bishop did make this King as the former had done his Fathier , meerly Treatment in the
Biſhops was
From him I paſs to his Son ,, Edward the Firſt: In his Reign Boni- no more than
face was Archbiſhop of Canterbury, and Brother to the Queen, what his fellows
he, and the reſt of the Prelates did in prejudice to the Regal Au- Members
thority and Weal Publick, I will paſs over, the rather for that they impoſed upon
declare themſelves in his Son's Reign. ſo wicked and diſloyal, that no the King in the
Age can Parallel, of which thus in brief; Doth 'nót Thomas de la More 19 Propoſi.
call the Biſhop of Hereford Arch-Plotter of Treaſon , Omnis mali Ar-
chiteflum', and not to ſpeak of his contriving the Death of the late
Chancellor, and other particular Villanies, he is Branded together with
“Wincheſter then Chancellor, and Norwich Lord Treaſurer, to occaſión
Vol. II.
Ff
the
.
1
hi
1
CC
!
(C
(C
* This ishich
“Titular.
1
CC
1
tions.
(0
"
+
1
2
li
41
10
1
!
!!
CC
11
1
!
CC
218 An Impartial Gollection of all the menurable Events
May.
« the dethroning of this Prince : Nay, after long Impriſonment, his ve-
I 641.
ry Life taken away by Biſhop Thorlton's Ænigmatical Verſe (though
" he after denied it) Edwardum Occidere nolite timere bonum eſt. But
“ this Adam de Orleton , aliàs Torleton , and his fellow Biſhops in this
“King's Reign, I may not ſlightly paſs over ; Therefore I defire we may
“ take a further view of them. Firſt
, of this Adam Biſhop of Hereford,
we find that he was ſtript of all his Temporalties, for ſupporting the
Mortimers in the Barons Quarrel. He being
(faith Thomas de la More)
a Man of moſt ſubtil Wit, and in all wordly Policies profound, daring
“to do great Things, and Factious withal, who made againſt King Ed.
“ ward the Second a great ſecret Party. To which Henry Burwaſh Bi-
ſhop of Lincoln (for like Cauſes deprived of his Temporalties) joyned
" himſelf, as alſo Ely, and others ;Walter Stapleton, Bihop of Exeter,
“a Turn-Coat, left the Queen, and came to England to inform the King
“of his Queens too great familiarity with Mortimer, which afterward
coſt him his Head. Perhaps fome now (as Thomas de la More) will
"fay; he was therein a good Man; yet I will take leave to think, nor
do I fear to ſpeak it, This was no part of Epiſcopal Function. But I
“ will paſs him by, not concluding him either good or bad, every Man
may think as he pleaſeth, I will declare the Traiterous and Diſloyal
Actions of the other Biſhop formerly mentioned. This Biſhop of He-
reford, whom I find called the Queens boſom Councellor, Preaching
at Oxford, took for the Text, My Head, my Head aketh, 2 Kings 4.19.
concluding more like a Butcher than a Divine, that an Aking and Sick
Head of a Kingdom, was of neceſſity to be taken off, and not to be
tampered with, by any other Phyſick ; whereby it is probable, that
“ he was the Author of that Ænigmatical Verſe formerly recited; Éd-
“ wardum occidere, &c. And well may we believe it': for we find that
"he cauſed Roger Baldock Biſhop of Norwich, the late Lord Chancellor,
"to die miſerably in Neivgate. Not much better were Ely, Lincoln,
“Wincheſter, and other Biſliops, that adhered to the Queen, Mortimer,
and others of her part. Nor can I commend thoſe Biſhops that were
“for the King, and the Spencers. The Archbiſhop of Canterbury, and
his Suffragans, decreeing the Revocation of thoſe Peſtilent Peers,the
Judgment
given againſt them judged as Erronious. Thus theſe Lord
Biſhops, as all in a manner, both before, and after , inſtead of Feed-
ing the Flock of Chriſt only, Plotted diſmal Wars, Death, and Deſtru-
“ction of Chriſtians. I might tell you how in this King's Reign, as in
*Certainly this others, * they perſwaded the Lords, and Peers of the Realm, that
they had Power and Right not only to reform the King's Houſe, and
Preſident, for
Council
, and to place, and diſplace all great Officers at their Pleaſure,
Pretences and“ but even a joynt Intereſt in the Regiment of the Kingdom together
“ with the King. And now will any fay, No Biſhop, No king: yer one
word more before I part with theſe Biſhops : what Ground-work they
“ laid, and what means they uſed for the Ruine of King and Kingdom,
was it not 'their working upon the Impotence of a Womans will,
« inſinuating what indignity it was, that a She-Daughter of France
being promiſed to be a Queen , was become no better than a waiting-
woman, living upon a Penſion ; and ſo nouriſhing in lier great Dit-
contents, perſwaded her going to France, which was the Matter and
Embrion, and as I may ſay, the chief Cauſe of Common Deſtruction,
which after enſued. God keep all good Princes from heark’ning or
conſenting to the pernicious Counſels of ſuch peſtilent Prieſts, and
prating
.
11
.
UC
tu
6
CC
2
T
was made a
I
1
CC
ſuch were the
+
Practiſes of
this Man and
his Aſſociates.
:
(C
CC
nh
ITIH
:
>
11
V
L
I.
CC
1.
ver
*
CHINI
+!
from the Scorch Rebellion to the King's Murther. 219
prating Paraſites. To declare all their Diſloyalties iri Parliament, and
May.
out, would fill a large Volume. But now Brevis eſſe laboro, therefore 1.16.4.1:
“I only fay, That as it was not for their Goodneſs, but Greatneſs, that
they fate in Parliament, ſo their ſitting there did (I think I may, fay)
“ almoſt evert Monarchy, yea, Regality: with what face can they íricul-
cate that Aſperſion, No Biſhop,no King ? Certainly by what I have alrea-
dy delivered, and ſhall now declare in the Reigns of Succeeding Prin-
ces, it will appear quite contrary, that where Lordly Biſhops domi-
neer and bear Rule, and Sway, neither Kings, nor Kingdoms, them.
“ſelves, or Subjects are ſecure.
Now to the Reign of King Edward the Third , did not John Arch-
biſhop of Canterbury perſwade and incite thisKing, and the Parliament,
to a moſt dangerous War with France'; whereby the Death of Mil-
“lions hath been occaſioned. To ſuch Miſchief do they uſe their Learn-
ing, and Eloquent Orations in Parliament. What Epiphanius delivered
of Philoſophers, that they were In Re ftulta Sapientes, ſo may wë fay
of ſuch Biſhops, that they are In malo publico facundi. But to paſs by
particular Men, and Actions, I ſhall only deliver unto you ſome No-
table Paſſages in Parliament, Anno 1371. The Parliamerit did Petition
the King to have thiem deprived of all Lay-Offices and Government,
they being commonly the Plotters, and Contrivers of all Treaſons,
Conſpiracies, and Rebellions, the very Incendiaries, Peſts, and Grie-
vances both of the Church and State, the chiefeſt Inſtruments to ad-
vance the Peoples uſurped Authority, though with Prejudice of the
Kings (which they never cordially affected) and the Arch-Enemies of
the Common-wealth, through their private Oppreſſion, Covetouſneſs,
Rebellion, and Tyranny, when they have been in Office, as may ap-
pear by Antiquitates Ecclefiæ Britannicæ, in the Lives of Anſelm, Bec-
4.ket, Arundel, &c. Here we fee, that they never affected the Autho-
rity of Kings, but rather were Scourges to their Sides, and Thorns in
Now we come to R. 2. his Grandchild, who Succeeded him: we R. 2015
read that when in Parliament in London, the Layety had granted a
“Fifteenth on Condition, that the Clergy would likewiſe give a Tenth
"and Half; William le Courtney then Archbiſhop, did ſtiftly oppoſe it
,
alledging, they ought to be free, nor in any wiſe to be taxed by the
Layery; which Anſwer ſo offended the Lords, and Commons, that Tho. Wale
with extream fury they befought the King to deprive them of their fingham,
Temporalties, alledging, That it was an Alms-Deed, and an Act of
Charity, thereby to humble them; that was then delivered for an
Alms-Deed, and an Act of Charity, which is now accounted Sacri-
“ lege and Cruelty.
"The next that Succeeded him, was H. 4. but an Uſurper alſo for H. 40
at that time there were living of the Houſe of York, whoſe Right by
the Title of Clarence was before his, as Mortimer, &c. In oppoſition to
his Claim and Right, the Biſhop of Carliſle made a moſt Eloquent Ora-
tion
; but to what purpoſe : to perſwade his dethroning now veſted Hayward.
in the Regal Government; and thereby to ingage the Kingdom in a
Civil War, (which when his Oratory could not effect) he laboured,
and ſo far prevailed, that by his fubtil inſinuations, and perfwaſions,
many Princes of the Blood Royal, and other great Lords were drawn
to a Conſpiracy, himſelf laying the Plot, (together with the Abbot of Flohe Stones
" Weſtminſter, the Chief Wheels of all the Practice, as moving the reſt) Cros
Vol. II.
Ff. 2
for
« their Eyes.
+
(G
1
1
1
2
:
]
1
|
.
+
220
An Impartial Collection of all the memorable Events
CC
is
1
cc
CC
CC
(C
1
Fabian 1.
Concor.
Hall ex Fab.
(
May;.
“ for the King's Death, whereby he brought to the Block thoſe Noble
1.6412
Peers, and as his Peſtilent Council had infected their Minds, ſo was
ic " the Blood of them, and theirs, tainted by this foul Treaſon ; but aš
John Stono
“I diſcommend his diſloyal Actions, fo I no better approve the other
Annals.
Hall ex wal flattering, and Time-ſerving Biſhops, who did Plead the Riglit of the
ſingb. “Title of the ſaid King more Eloquently than Honeſtly, more Rheto-
rically than Divinely; for which their Expreſſions they were employed
as Ambaſſadors to Foreign Parts to declare and juſtifie his Title, and
" Right to the Scepter; the Biſhop of Hereford to Rome, the Biſhop
of Durham to France, the Biſhop of Bangor to Germany, and the Biſhop
of St. Afaph to Spain ; which Biſliop of Afaphs late as Judge in that
“Parliament, and pronounced the Sentence of Depoſition againſt King
Richard. The Form (as near as I remember) was : We John Biſhop
of St. Afaph, Jolin Abbot of Glaſtenbury, Commiſſioners, named by
the Houſe of Parliament, Sitting in Place of Judgment, &c. Here
you may note that the Biſhop did paſs Judgment of a great Inheri-
tance; no leſs than Two or Three Kingdoms, and though not Letween
two Brothers, but Cozins, yet did adjudge moſt wrongfully as was
moſt apparent. I note withal, That the Title of Lord is not aſſumed
by this King-depoſing Biſhop, nor any other that I read of. Now what
" he had judged in Parliament his Holy Brother of Canterbury muſt
make good in Pulpit, delivering, what unhappineſs it was to a King-
“ dom to have it governed by ſuch a Man. Certainly a moſt dangerous
“ Poſition to an Hereditary Monarchy. I alſo note, that this Arch-
Biſhop was Brother, to the Earl of Arundel, and at the ſame time the
Arch-Biſhop of York; a near Kinſman to the Earl of Wiltſhire; and
“ who durit then plead againſt the Right of the Biſhops Sitting in
Parliament
“ In the ſame King's Reign Richard le Scroop the Arch-Biſhop of Tork,
“ did in Parliament enter into Conſpiracy with Thomas Mowbray Earí
Marſhal
, againſt the ſaid King, for which they were both beheaded.
“And now in the ſaid King's Reign, in the Parliament of Coventry, let
me alſo tell you, That in the ſaid Parliament, as in other both before
and after, a Bill was exhibited againſt the Temporalties of the Clergy,
“who called that Parliament Parliamentum Indoétorum, ſaying, That
the Commons were fit to enter Common with their Cattle, having
more Reaſon then bruit Beaſts. This is Speed's delivery; but I take it
" that he repeateth it as the Prelates Cenſure of the Houſe of Com-
“But to him ſucceeded Henry the
Fifth, in his time, did not Henry
" Chichley in an Elaquent Oration in Parliament revive the Wars with
Hall in 8 R. 2.66
France, by declaring the King's Right thereunto, to the effufion of
much Chriſtinni Blood, and to the loſs of all we had there? To expiate
which, he built a Colledg in Oxenford, to pray for the Souls Slain in
France. Though what he did then deliver, was true of the King's Right
of France, (as was alſo the other of John Arch-Biſhop of the fame See
« in Edw, the Third's time ; and no leſs true was that of Carliſle againſt
H. 4tk's Title :) Yet I may ſay, it was not the Office, or Function of
a Bihop to incenſe Wars Domeſtique, or Foreign. Nay this Biſhop did
fet this War on foot to divert the King from Reformation of the Clergy.
For in that Parliament held at Leicester,there was a Petition declaring
that the Temporal Lands which were beſtowed on the Church, were
fuperfluouſly and diſorderly ſpent upon Hounds, and Hawks, Horſes,
Las
sc
-- y
CC
no
.
(C
mons. :
H. 5.
.
1
CC
CC
1
CĆ
+
1 ;
+
1
vy
* and
th
11
1
.
-
1
1
'HI
May;
1 641,
_
1
N
H. 6.
1
.
66
65
4
E: 4
1
.
.
-1
.
from the
Scotch Rebellion to the King's Murtber. 21
and Whores, which better imployed, would ſuffice for the maintenance
of 15 Earls, 1500 Knights, 6200 Eſquires, an hundred Alms-houſes;
“and beſides of Yearly Rent to the Crown 20000 pounds,
From him I come to his Son Henry the Sixth : I read maný. Accufa H. 6.
tions that Glocester, the good Protectors did lay'to the Charge of Beau-
'fort the Cardinal of Winchester, and Lord Chancellor, Great Uncle.to Fox Mart. in
the King Living, Son to John of Ghent, alledging him a Perfon very
dangerous both to the King, and State; his Brother of Yorka Cardinal
alſo, together with other Biſhops no better. For we read of Arch-
Biſhop Bourchier, and other Biſhops, that they did fhamefully coun:
tenance the diſtraction of the time. Theſe, as I delivered before, though
bad in Parliaments, yet too great to put out ; I will not now ſpeak of
many other Particulars, that I might either in this King's Reign, or his
Succeſſors to King Henry the Eighth, for that I deſire to declare what
they did ſince the Reformation ;, yet therein will be as brief as I may,
“having already too much provoked your Patience, for which I crave
« humble Pardon.
“. To Henry the Sixth ſucceeded Edward the Fourth, who indeed liad
« the better Title to the Crown; notwithſtanding Arch-Biſhop Nevil;
“Brother to the King, Maho, Warwick with others; did Conſpire and
attempt his Dethroning, and after took him Priſoner, and kept him in
“his Caſtle of Midleham; and after in Parliament at Westminster, did
they not declare him a Traytor, and Uſurper, confiſcate his Goods, re-
voke, abrogate, and make fruſtrate all Statutes made by him, and ina
tayl the Crown of England and France upon Henry and his Iſſue-Male,
in default thereof to Clarence, and ſo diſabling King Edward his Elde
Brother
“ But to haſten, I will paſs over Edw. the Fifth, wlioſe Crown by
means of the Prelates as well as the Duke of Buckingham, was placed
on the head of his Murtherous Uncle that Cruel Tyrant ; for had not
“the Cardinal Arch-Biſhop by his perſwafion with his Mother, taken
“the Brother Richard Duke of York out of Sanctuary, the Crown had
not been placed on liis Uncle's Head, nor they lost their Lives; and
not to ſpeak of Doctor Pinker, and Doctor Shaw's Sermons, and other
foul paſſages of Prelates, Cas Morton, and others) who fought alſo the
deſtruction of King Richard, and that when his Nephews were dead,
“and none had Right before him to the Crown, which he then wore; R. 3.
"what diſloyal long Speeches made hetothe Duke of Buckingham,to per-
ſwade the ſaid Duke to take the Crown to himſelf ?
« From Richard I paſs to Henry the Seventh : I told you before, that
Morton would have perſwaded Buckingham to dethrone King Richard
" the Third, and take the Kingdom to himſelf, to which he had no Right:
and failing therein, lie addreſſed himſelf to Henry, then Earl of Rich-
i mond; and as by his Counſel he prevailed with him, ſo he prevailed
againſt, and
won from Richard the Garland : This perſwader and fur-
“therer of bad Titles was advanced to the See of Canterbury, his deſire
whereof perhaps cauſed his diſloyalty, and being in high favour with
this Prince; by his ſpecial Recommendations procured one Hadrian de
Caſtello an Italian, to be made firſt Biſhop of Hereford, after of-Bath
and Wells
, who alſo was made Cardinal
, by that Antichriſtian, and
“ deviliſh Pope Albert the Sixth, and as Moreton had endeavoured the of Biſhops in
<dėthroning of his Lord and King, fo did the other Conſpire the Mur- Bato, &c. pag.
ther of Pope Leo the Tenth, when he was told bý, a Witch, That one paulus Jovint.
"named Hadrian ſhould ſucceed him.
As
E. 5:
!!
.
:
.
*
H.7
:
-
1
1
Q:
+
.
Goodw. Catal
1
1
1
:
F
f
1
!.
H.8, 31.
ec
ic
-
1
CC
222 An Impartial Collection of all the memorable Event's
May. 2 As to Henry the Eighth, I need not ſpeak much of his Opinion of
1641. “Biſhops, who he faith, were büt half Subjects, if Subjects at all to him,
“when he cauſed Sir Thomas Audeley, Speaker , to Read the Oath of
Spede. “ Biſhops in Parliament. And that it was ſo, appeared when Wolſey,
" and Campeius refuſed to give Judgment for the Unlawfulneſs of the
Marriage of H. 8. and thereupon a Divorce : whereupon the
“Duke of Suffolk faid, and that truly, It was never merry in England
" fince Cardinal Biſhops came amongst us. It were too large to repeat
all the Petitions, and Supplications, and Complaints of Divines againſt
"them in this King's Reign , as of Doctor Barnes, Latimer, Tindall,
Barns Supplic,
« Bëane , and others. This laſt named faith , That thé Biſhops alone
dalii. " have the Keys of the Engliſh Kingdom hanging at their Girdles; and
“what'they traiterouſly Conſpire among themſelves; the ſame is bound,
and looſed in Star-Chamber, Weſtminſter-Hall, Privy Council , and
“Parliament. This and much more he: But as their fitting there
hath been obnoxious; ſo it is uſeleſs as may appear by the Statute of
31. H. 8. yet in force, where it is Enacted, That as the then Lord
Cromwell, lo all other that ſhould thereafter be made Vice-Gerents,
ſhould fit above the Arch-Biſhop in Parliament ; Nay, hold general
«Viſitations in all the Dioceſſes of the Realm, as well over the Arch-
“ Biſhops, Biſhops Arch-Deacons, as Laiety, to enquire and Correct
their Abuſes, to preſcribe Injunctions, Rules, and Orders for Reform-
"ing of Religion, for aboliſhing Superſtition and Idolatry , and Corre-
dion of their Lives and Manners, &c. And read we not that in the
37 of the King's Reign, Letters Patents were granted to Lay-men, to
« exérciſe all manner of Eccleſiaſtical Juriſdiction, as the King's Officers
,
not the Biſhops. Thus we ſee the Government of Biſhops as well as
" their Sitting în Parliament, may be ſpared. And that neither have,
nor heretofore had any Eccleſiaſtical Juriſdiction in making of Canons,
or Conſtitutions, but by the King's Writ, nor Promulge or Execute
Henry 8.25.“ any ſuch, without the King's Royal Affent and Licence, under Pain,
appears by the Statute of 25th of the fame King, upon the Clergies
own, ſubmiſſive Petition : And the Biſhops themſelves in the Proſecu-
“tion of this Act 1603. in the beginning of King James his Reign, did
"decree the ſame, and pronounce Excommunication ipſo facto upon all
that ſhould Ordain or Execute the ſame without Royal Aflent.
Now you
have ſeen their Demeanour in Parliament for Three or Four
“Hundred years, or thereabouts. The delivery hereof hath taken up
“much time, and perhaps thereby moſt are ſatisfied, that they have been
hurtful; and therefore that it is not convenient they ſhould longer
continue Members of that Honorable Houſe, where they have done
“ſuch Miſchief to King and Comion-wealth : yet in regard of my Pro-
miſe and Undertaking to declare them Prejudicial from the Firſt Par-
“ liament to this preſent, by Teſtimony of Credible Authors in each
“King's Reign ,,as alſo to meet with an Objection, which I conceive
« will be offered to make all that hath been proved, as Extravagant, ſo
“ invalid, That thoſe Actions, Practiſes, Plots, Conſpiracies, or Trea-
“.fons, were done and perpetrated in time of Popery, and that it was
“ done by Papal Command, I will deliver their Actions no leſs deteſta-
“ ble; nay rather more heinous after the Reformation than before.
“In the ſeveral Reigns of King Edward the Sixth, Queen Mary, Queen
Elizabeth, King James of Bleſſed Memory, and our preſent Sovereign,
“ whom God long Preſerve. But I deſire, I may be rightly underſtood,
that
H. 8. 37.
HI
1
C
CG
ilmi
1
CC
or any
CC
C
ac
.:
.
1
+
"
:H
+
!
--
!
+
ill
CC
lih
CC
.
CC
1
16
CC
1
¿
1
CC
(C
II
h
from the Scotch Rebellion to the King's Murtber.
223
that when I charge theſe Reverend Biſhops, that were very good Men, May.
Chief Pillars of the Church,great Lights of Learning, and Charge them. 16 4 1.
to have thoſe things as Biſhops, which I believe they would not
have done as Private Miniſters; IF (I ſay) I declare that they, to
liold their Biſhopricks, and in expectance of great Preferment, and
to pleaſe great Lords and Princes, Kings and Emperors, have not only
yielded to, but perſwaded
to introduce Idolatry, todifinherit the Right
Heirs of Kingdoms, and force good Princes to do Acts Unnatural and
“ Unjuſt: Let me not be thought to ſpeak in Depravation, or Detra-
ction, I do not intend their Infamy (and ſo deſire to be underſtood)
“their Memory ought to be dear to us all, and it ever hath been, and
' is precious in my Eſteem; but I thereby inſinuate, that Corrupt Lordly
" Epiſcopacy, hath ản Infection in it, tainting the pureſt, and godlieſt
“Miniſters.
“ I pray you miſconceive me not, I am not againſt Epiſcopacy truly
underſtood, or a Church-Government rightly uſed; but I conceive,
and therefore (under Correction) ſay, That it hath (with Theſeus Ship)
“ received ſo many new Pieces, and Additions to the firſt Building, that
it doth juſtly occaſion a Diſpute, whether it be the ſame ; little or no-
thing of the firſt Subſtance and Materials remaining: So that we have
Epiſcopal Government in Name, but want the Subſtance; Vox & pre-
terea nihil : with Ixion we embrace but a Cloud inſtead of Juno, or (at
beſt) but a Blear-eyed Leah inſtead of a Beautiful Rachel. This Tree
(I ſay) is almoſt rotten, this Salt ſomewhat unſavory, this Light very
dim, this Building ſcarce found, or ſure; which (if propping will help)
I would not have demoliſhed, till a Model of a better be agreed upon.
In King Edward's Reign did not the Reverend Biſhop (O Grief to
“ hear ! faith my Author) perſwade, and ſubſcribe to the diſinheriting Fox Axs, and
of the two Daughters of H. 8. the Siſters of his King contrary to the Mon.
“Statute of 35 H. 8. as alſo in prejudice of the Right of Scotland, Mar-
garet being eldeſt Siſter to Mary, Grandmother to fane, on whoſe
* Head they would ſettle the Crown? which Plot, I think I may ſay,
“ wicked and diſloyal if it had taken effect, in all likelyhood, the bleſſed
Union of both Kingdoms had not enſued; which, as I ſaid before, was
hindred by Betton Biſhop of St. Andrews in H. 8th's time.
I have not yet ſpoke any thing as to the Point of Idolatry, the moſt
wicked, and higheſt degree of Treaſons, being againſt the King of
Kings; did not the Arch-Biſhop Cranmer, and Bilhop Ridley perſwade, John Spede.
nay, earneſtly preſs King Edw. 6. that the Lady Mary might have Maſs
"faid in her Houſe, and that to be done without all prejudice of Law?
the Greatneſs of her Perſon, being the immediate Succeffor , and the
Might of Charles the Emperor moved thoſe Biſhops too forward, and
" fo far urged this to the King, and from Divines becoming Politicians,
alledged the Danger in breach of Amity with the Emperor, and when
he convincing by Scripture, and told them he would rather hazard
“ his Life than grant that which was not agreeable to Truth, They al-
ledge
the Bonds of Nature ; At laſt, tell him they would not
be said
nay ; This they offered, and thus far they preſſed, althô they could
not prevail with this Pious Prince.
Theſe were not the Baits that Peter angled with to catch Souls, or
" the Weapons that St. Paul fought with wlien he profeſſed they were
not Carnal, but mighty through God to caſt down Holds, they pro-
poſe not Honor and Security to Chriſt's Diſciples, but Hazard", and
“Baleneſs.
Ed. 6.
L
I
1
.
1
1
ic
1
4
CC
5
1
Letter to the
is
+
234 An Impartial Colle&tion of all the memorable Events
May. “ Baſeneſs. A moſt godly Speech of a good Chriſtian Prince, the like
1 64 1.
“whereto I read that King James uttered in his Proteſtation made to Wat-
ſon as he after confeſſed to the Earl of Northampton.upon fome occaſion
“offered : All the Crowns, and Kingdoms in this World (faith he) shall
not induce me to change one jot of my Profeſſion, which is the paſture of
my Soul, and earneſt of my Eternal Inheritance. A Pious Speech of a
Magnanimous King, whoſe Memory ſhall ever be juſtly Bleſſed; and
"I doubt not but our Gracious Sovereign,as he holdeth his Kingdoms, ſo
poſſèſſeth the like Religious Courage, and Conſtancy.
“But to return to our former Biſhops, viz. Cranmer, Ridley, &c. did
they repent them of this upon better Conſideration, and
upon
the
“Death of this good King advance the Title of the Right Heir? Nothing
Queen Maries
"ſo, for when Queen Mary hearing that fane her Couſin was to be
Proclaimed Queen, Writ her Letter to the Lords declaring her own
Biſhops and L.
from Keningall“ Right, and marvelling that they ſo unjuſtly attempted to put her from
9 July 1553. " it, contrary to their Loyalty, Allegiance and the Statute, which had
formerly ſetled the Crown upon her ; They (I mean the Biſhops as
“ well as the Lords, for I find Canterbury and Ely to have Subſcribed)
told her, That ſhe had no Right thereto but Jane muſt be Queen and
« ſhe muſt ſubmit her ſelf to her as her Soveraign. And what they Writ
did Ridley Biſhop of London Preach. And thô this was not done, or
ſpoken in Parliament, yet no man doubteth but if it had been effected,
they would have pleaded in Juſtification thereof, and confirmed it as
Rightful in the next. Parliament that ſhould have been Called. Now
“ I have declared them diſloyal Traitors, and moſt unjuſt, and ungodly
in theſe Paſſages.
“ To paſs from this Queen to the next, I find that in the Firſt year
of good Queen Elizabeth, there was a further Reformation deſired;
“and what was then earneſtly preſſed by gocd Divines, as Dr. Scorie,
Pag. 1084 “ Cox, Mr. Fewel, Grindal, Whitehead, Horn, Geſt, was thus far granted
by that Godly Princeſs, that there ſhould be a Conference at Weſtmin-
"ſter ; where being come, they were oppoſed by the Biſhop of Winches
ſter, Lincoln, Litchfield, Carliſle, and Cheſter, together with ſome
others
. Theſe Bishops ( faith mine Author Stow ) abruptly broke off
“this Conference, Pleading a miſtaking of their Directions: and in the
“next: Sitting utterly refuſed either to Write their own, or to Read the
others Reaſons,“-Whereby all was undone that was intended, whereof
part was Imprinted by Richard Fugge , and John Cawood, as is to be
“ ſeen : and this was in time of Parliament. Much more I might declare
“ of Biſhops Actions in this Queens time, as that the Biſhops in Queen
Elizabeths Inauguration, did refuſe to Anoint, or Conſecrate her, viz.
"Tork (Canterbury dying a little before;) Alſo theſe Chief Biſhops denied
the ſame, as, London, Dureſm, Wincheſter, Ely, Lincoln, Exeter,Bath
“and Wells, Coventry and Litchfield, Chicheſter, and Peterborough.
But I haſten to Concluſion. And as this virtuous Queen did yield
“ that a Diſpute ſhould be had for Reformation ; ſo did the gracious
“ Prince King James, grant the.like at Hampton-Court, where were Do-
“ ctor Reynolds, and Doctor Sparkes of Oxford; and Knewſtabs and Cha-
" derton of Cambridge. Now who reſiſted the Reformation : Sure none
“other but the Biſhop of Canterbury, Dureſme, London, Wincheſter, Chi-
cheſter, Worceſter, Carliſle, and St. Davids'; and the Deans of West-
" minſter, Windſor, Pauls, Cheſter, Worceſter, and Chriſt-Church, al-
' ledging, that there was no need of Reformation : But God and good
"Men
!
fo. Stow,
:
C
41
1
HH
1
1
I'
1
"
1
1
Կլի
HI
21
.
1| ilich
I'N
|
1/4717
11
1
1
WS
11
in
HI
!
13
11:
CH
4.
RAM
i
nec
CC
12
1
"
1
11
66
Now, when that Wife, Learned, and Religious King did conceive
e from rhe Scorch Rebellion to the King's Murther
. _225
IMėn did know the contrary, but I will not trouble you with their May,
Actions in this King's Reign, their Introduction of Schiſms, Hereſies, , 1.64 1.
and Idolatry, of Popéry, and Arminianiſm, and what not a Of Irre-
ligion to the Deity; Miſchief and Danger to the King, and prejudice
" to the People and Kingdom, few or none within theſe Walls but know
tlitm, and felt the harmful fruits thereof. As for their Actions in His
Majeſtie's Reign; which I think do poiſe down, and over-ballance
* all formerly done ſince beginning of Parliaments, put together in the
"other Scale, I will refer them to the Reports of the Committees for
the Pope of Lambeth, and his Cardinals, Wren, and others, and briefly
conclude, That whereas from their firſt Sitting in Parliament to this
time, they have as well in Parliament as out; been ſo prejudicial, and
appeared to have during their ſitting there; Plotted and Contrived
Treaſons, and Conſpiracies, Rebellion and War, Domeſtick and fo-
reign, been Incendiaries and Grievances to State and Church, and
" Arch-Enemies to King and Common-wealth, introducing Salique Law,
making this Kingdom Elective,and our Princes only Kings durant. bene
" gerend, or rather bene placit. in worſe Caſe and leſs hold than a Duke
“ of Venice. I hope, His Majeſty will Lege Talionis, make their Epiſco-
pacy to be only Titular, which is as much as is due to them; whether
Arch-Biſhops, or Biſhops : for they are to have Priority or Preceden-
cy, Quoad Ordineſ, not Quoait Miniſterium, wherein the pooreſt Cu-
"rate is his equal, and his fellow-Miniſter. And as I am not for equa-
« lity,and Parity,fo I would not have too great a diſtance ; the Danger
whereof to any Eſtate, be pleaſed to hear, as I received it from an
Author formerly mentioned, in theſe words rendred :
Too much Increaſe, and unproportionable Growth, is a Cauſe that pra-
cureth, the Change, and Ruin of Common-weals. For as the Body is made,
and compounded of Parts, and ought to grow by. Proportion, that it may
keep-a just Menſure ; fo every common-weal being compounded of Ora
ders, and Eſtates as it were of Parts, they muſt be maintained in Concord
one with another, as it were with equal and due proportion obſerved be-
tween each of them. For if one Ejlate be advanced too much above ano-
ther, Diſention ariſeth, Équality P'eing the Nurſing Mother of Peace,
and Contrariwiſe, Inequality the beginning of all Enmity, Fallions, Ha-
tred, and Part-taking. But ſeeing it is meet that in every well-eſtabliſh'd
Policy there should be a difference of Rights, and Privileges betwixt
every Eſtate, Equality may continue , if proviſion be made that one E-
ſtate grow not too much before the other : But more of this elſewhere in
its more proper place.
“ And as for theſe Reaſons, I yielded my Vote for the Unlawfulneſs
"and-Inconvenience of their Sitting there: Therefore I wiſh they may
"be no longer Members of that moſt Honorable Houſe.
I humbly crave leave to add a' word or two to what I formerly
ſpoke.
I am not ignorant, that the foreſaid Affertiori
, No Biſhop; No, King,
" is received as the delivery of King James, but thô it might be admit-
ted in the Senſe he meant, and intended, to wit, that thoſe that dif-
like a Church Government , will hardly admit Regal Rule; yet
we
can no way allow thereof as it is commonly offered, and preſſed,
that the Regal Power cannot fubſiſt without the preſent Epiſcopacy.
of the Rules and Tenents of Biſhops and Prelates; how Conſonant to
Vol. II.
“ the
!
We
PI
F
CC
C
1
Gg
ta
-
!
F
!
1
11
*
C. 7•
2. De Pont.
Rom. L. 1.c.7.
3. Ibid.
Cler. C. 20.
226 An Impartial Colle&tion of all the memorable Events
May,
“the Majeſty of Temporal Princes, or whether
. he thought them ra-
1641.
“ther to tend to the Trampling thereof under foot, and laying
their Honour in the Duſt, may appear by his Quotations in the latter
“ end of his Apology for the Oath of Allegiance, which I thought fitter
to annex hereunto, than to have delivered them in their proper place,
" when I ſpake of Biſhops in the Reign of Ed.2d. being then deſirous to
continue the Hiſtorical Narration of their Sitting and Actions in Par-
liament having too much tranſgreſſed by my often enterweaving other
"paſſages therewith, I overpaſſed the fame.
King James's Collection out of Cardinal Biſhop Bellarmine, are as
followeth :
I. De Laicis, 1. That Kings are rather Slaves than Lords.
2. That they are not only Subject to Popes, to Biſhops , to Prieſts ;
but even to Deacons.
3. That an Emperor must content himſelf to Drink, not only after a
Biſhop, but after a Biſhop's Chaplain.
4. ibid.lo de
4. That Kings have not their Authority, nor Office immediately from
God, nor his Law ; but only from the Law of Nations.
5. De Pontif.
5. That the Popes have. degraded Emperors, but never Emperor de-
Lib. 3. C. 16. graded the Pope : Nay, even * Biſhops that are but the Pope's
* Lib. 5. c. 8.
Vaſals, may Depoſe Kings, and Abrogate the Laws.
6. De Laicis,
6. That Church-men are as far above Kings, as the Soul is above the Body.
7. De Pontif. 7. That Kings may be Depoſed by their People for divers Reſpects.
Lib. 5. C. 8.
8. De Pontif.
8. But Popes can be Depoſed by no means , for no Fleſh hath Power
to Judge of them.
9. De Pontif. 9. That Obedience due to the Pope, is for Conſcience ſake.
10. But Obedience due to Kings, is only for certain Reſpects of Order,
and Policy
II. That thoſe very Church-men that are Born, and Inhabit in Sove-
raign Princes Countries, are notwithſtanding not their Subjects, and
cannot be Fudged by them, although they may Fudge them.
12. And that the Obedience that Church-men give to Princes --even. in
the meanest , and meer Temporal Things, is not by way of any
neceſary Subječtion, but only out of Diſcretion, and for Obſerva-
tion of good Order and Cuſtom.
“Here we find what baſe Eſtimation Prelates'had of Princes; may
we not then juſtly except againſt their delivery (as it is by them
urged) No Biſhop, No King -
Whoever will have the Patience to read over this long and tedious
Speech, and compare it with the Hiſtories of thoſe Authors which he
has gleaned it from,may poſſibly find the matters of Fact either miſtaken,
or falſly repreſented; nor indeed can we give intire credit to all thati was
written
C. 8.
1
Lib.2. c. 26.
Lib. 4.C. 15.
.
10. De Cleri.
cis, c. 28.
II. Ibidem.
.
12. Ibidem.
F
4
1
+
!
14
NI
1
.
4
1
.
1
.
j
1
1
+
?
+
from the Scotch-Rebellion to the King's Murther. 22.7
written by the Monks of thoſe Times, who being great Enemies to the Máy;
Biſhops, inay be ſuppoſed very partial in relating lome Paſſages of their
16.41
Lives: however, it is pot my Province to vindicate the Ill Actions of any
fort of men whatever, and is confeſſedly known, that ſeveral of thoſe
Biſhops, as particularly Becket the famous Romilh Saint, were notorious
Traytors, and ill men.
But that which I think ought not to be paſſed by without animadver-
fion, is the Weakneſs of this Gentleman's Argumentation ; for it is evi-
dent that thie main ſtreſs of his Argument is from the Actions of formerill
Biſhops to prove theneceſſity not only of taking from them all Temporal
Power and Eſtate, but alſo to Aboliſh and Extirpate the very Office : for
when ever he or any of his Party talk of Reformation; as he does when
he tells you, They were degenerated from the Primitive Inſtitution, and
that he only wiſhes there were Reformation, 'not Dendliſhing, but Amendu
ment and Reſtitution sathe Reader is to Underſtand, that by thoſe ſoft
Words of Reformation, Amendment, Reſtitution and Primitive Inſtitution,
is meant the Utter Extirpation of Epiſcopacy as then it ſtood, and the
Reducing it to the Geneva ſtandard, which with them was a Reſtitution
of it to its Primitive Inſtitution.
Now how weak and inconſequential the Argument is from the Abuse
of any Office, Power, Dignity, Truſt; or Order, to argue the Abolition or
Taking it away, there needs little more to be faid, then that Admitting
the truth, of this for a Practicable and Neceſſary Maxim, all Laws, Go-
vernment and Order muſt ceaſe in the World; for it will as neceſſarily
follow, That becauſe there have been ill Kings and Parliaments, Magi-
ſtrates and Laws, Therefore they ought wholly to be taken away; as,
becauſe there have been ill. Bishops, that therefore the whole Order
ought to be Aboliſhed. And indeed, a few Years ſucceeding brought
the ſame Conſequences and Effects upon the King and Houſe of Lords,
as it had done upon the Biſhops, who for Mal-adminiſtration, and pres
tended Miſcarriages, by the Uſurpation of theſe ſoft Reformers and Res
ducers of Men to their Primitive Inſtitution, were both Exauctoráted
and diſcharged of any ſhare in the Government, and many of them, with
the King himſelf of his Royal Crown and Innocent Lives, verifying lite-
rally to a tittle, what he takes ſuch pains to confute in the Cloſe of his
Speech as a falſe and fooliſh Maxim, No Biſhop, No King.
And certainly this Gentleman ought to have conſidered. that . Eccles
ſiaſtical Perſons, have in all Ages, in all Places of the World, under all
Governments, among all Religions, Pagan, Jew, Chriſtian, Mahometan
univerſally had a ſhare in the Adminiſtration of Civil Affairs, and parti-
cularly in Legiſlation, fo far as the preparing of Laws for the Royal Im-
preſs amounts to; and with very good reaſon,by a Rule which upon ſome
Occaſions theſe Gentlemen have a Great Veneration for, Quod tangit
Omnes, ab Omnibus debet tractari: and Eccleſiaſticks as well as others
being to be bound by Laws, ought to have their part in preparing and
conſenting to them. And further he ought to have confidered, that
Under the Jewiſh Oeconomy inſtituted by the Only Wife God himſelf
,
the chief Adininiſtration of all Civil as well as Religious Affairs was Veſted
in the Eccleſiaſticks.
And for our Engliſh Conſtitution, the Laws had incorporated the
Epiſcopal Order into the Very Fundamentals of the Government,making
them one of the Three Eſtates of the Land, as they are by ſeveral Acts
decl, red; and to their Sitting not only in Parliament, but in all Great
Vol. II.
Gg 2
+
2
4
+
1
E
1
1
1
Coun
.
4
228 An Impartial Collection of all the memorable Events
1
+
3
May,
Councels during the Saxon Government all Records, ſo long as we have
1641. any, unanimouſly inform us, ſo that they had an immemorial Preſcrip-
tion for their Right; and it was an ill preſage wliát the future Reforma-
tion would prove, when it was begun with the over-turning of one of
the three Fundamental Pillars upon which the Weighty Frame of the
Government was built.
After all the long Hárangue of the ill Actions of fornier Biſhops in the
timeşof Popery, when he comes in the period of his Speech, as one would
reaſonably have Expected to ſpeak ſomething to purpoſe of the Proteſtant
Biſhops, inſtead of that, as if he had deſigned to Gratifie the Papiíts, he
falls to calumniate the firſt Reformers, Craniner, Ridley,&c. as factious
turbulent Traytors and Incendiaries; and when he comes to thoſe of his
own time, the Pope of Lambeth and his Cardinals Wren and others, as
he is pleaſed to ſtile the Archbiſhop and Biſhops, he makes a moſt hi-
deous Out-cry of Papery, Arminianiſm, Idolatry and what noto of irreli-
gion to the Deity, miſchief and danger to the king, and prejudice to the
People and Kingdome ; without offering ſo much as one ſingle teſtimony
or proof, by any Action, Word, or Writing of theirs, to ſupport fo groſs
and black a Charge. But this was a Method theſe Worthy Patriots had
learnt from the Jeſuits, Fortiter calumniare, aliquid bærebit, to throw all
the dirt imaginable upon the Albs and Lawn Sleeves of the Biſhops, not
doubting but ſome of it would ſtick to them in the opinion of the People;
ånd, they were ſuch great Maſters in the Art of Blackening, that I think
even the Great Maſter of the Black Art, who has his name from calum-
niating and fallly, accuſing
the Innocent, might have been tlieir Schollar,
as doubtleſs he was their Tutor in this helliſh Trade.
But to leave Mr. Thomas with his long Speech, let us return to the
Other Affairs; the Faction was now under great: Fears of both the Nor-
thern Armies, who were not only Diſcontented for want of Pay both
Scots and 'Engliſh; but ſeveral of the latter ſeeing Evidently whither this
procedure of the Anti-Epiſcopal Faction tended, had ſome warm thoughts
about-them, to endeavour to prevent it while they had the power in
their hands; knowing that as ſoon as poſſible, the King would be ſtripë
of this Power, and thoſe Forces be Disbanded; but the matter, it ſeems,
was either not ſo well.contrived, or ſo ſecretly managed, but tliat it took
air, and ſo fired the Faction, that they preſently blew it up into a flaming
Conſpiracy againſt the Parliament; ſome ſparks of which flew into the
City, which was all in a hubbub, by a falſe report that the Parliament-
Houſe was on fire; a Plot there was to be, that was certain ; but it ſeems
they were miſtaken in the Nature of it; however for the preſent the
Houſe of Commons writ to the Army, the Letter being directed to Sir
John Conyers and Sir Jacob Aſhley, to look to their Charges and keep the
Army in Good Order. The Letter follows.
.
!
wly
TH
1
HI
1.
1
The Speaker's
Letter to Sir
Jacob Aſhley,
May 4. 1641.
SIR,
EE have had cauſe to doubt, that ſome ill-affected perſons have
endeavoured to make a miſ-underſtanding in the Army, of the In-
tentions of the Parliament towards them; To take away all miſta-
king in that kind, the Houſe of Commons have commanded me to aſſure
you; Thai they have taken the Affairs of the Army into their Serious Care;
And though for the preſent their Monies have not come as they wiſhed; and
as was due, by reaſon of the many Diſtractions and other impediments which
this
1
|
.
1
HH
i
1
1
1
from the Scotch Rebellion to the King's Muriber. 229
this Houſe could no wayès avoid, yet they'would have them reſt aßured, that May;
they ſhall not only have their full pay, but the Houſe will take their merits. 16.41.
into their further conſideration, in regard they take notice, tbat notwith-
Standing their want, and endeavours of thoſe ill-affected perſons, they have
not demeaned themſelves otherwiſe, then as inen of Honor, and well affected
to the Commonwealth; which this Houſe takes in ſo good part that we have
already found out a Way to get Money for a good
part of their Pay, and will
take the moſt speedy Courſe we poſſibly may for the rest. So I remain
Houſe at Charing-
Your very Loving Friend,&c.
Croſs the 4th of this preſent
Month of Maya: 1641.
.
---
11
From my
1
Sir, 'Tis the Pleaſure of the Houſe, that this Letter be communicated
to the Army, to the end their Intentions may be clearly underſtood.
by them.
+
ties
11
This day a Letter from the Scotiſh General Leſly to Sir John Lowther Wedneſday
,
and the Gentlemen of Cumberland was produced and twice read in the May the sth.
Houſe.
It was this day Ordered alſo, That the Proteſtation ſhould be forth- Proteſtation
with Printed, and ſent down into all Counties, Corporations and Bur- ordered to be
roughs, to all Sheriffs and Juſtices of the Peace: and to'intimate to them, ! fent down in-
with what Willingneſs the Members of the Houſe took it; and as they to all Coun-
juſtifie the taking it in themſelves, ſo they cannot but approve it in them
that ſhall likewiſe take it. i.
And for the promoting of the taking of it, theſe following Directions
were Printed together with the ſaid Proteſtation, and diſperſed through-
out the Kingdom ; 'this was intended for a fatal Shibboleth to know the
ſtrength of the Faction, and to be a Mark of Diſcrimination between
their Friends and Enemies; and was more particularly deſigned for a
Snare for the Orthodox and Epiſcopal Clergy; and that Clàuſe.in the
Directions to return the Names of thoſe who refuſed to Enter into this
Confederacy againſt the Churchi,-made many timerous perſons doubtleſs
do an Action, for the juſtifiableneſs whereof they had no great Aſſurance.
The Directions were theſe:
4.
1
.
.
+
11
:
--
T is thought fit ihat the Proteſtation which the Parliament lately Printed Di-
made be taken by the City of London, in the ſeveral
Pariſh Churches, re&ions for
in the afternoon of ſome Lords Day, after Sermon, before the Congre- Proteſtation
.
gation be diſſolved, by all Maſters of Families, their Sons, and Men-Ser-
vants, in manner and from following, viz.
First, That forthwith Notice of this Intention be given to the Miniſter,
Church-Wardens, and some other meet perſons of each Pariſh in London,
Liberties, and adjacent Pariſhes, and ſome of them to give notice to the
reſt of the Pariſhioners.
Secondly, That the Miniſter be intreated to acquaint his Pariſh in his
Sermon; either Forenoon or Afternoon, with the nature of the buſineſs, more
or leſs, as he ſhall think fit, for the better and more ſolemn taking of the
Said Proteſtation ; or if the Miniſter refuſe it,that ſome other be intreated
to Preach that will promote the buſineſs ; or if neither of theſe may
that ſome other convenient courſe be taken by ſome well affected to the bisa
Jineſs, to ſtay the Pariſh, and communicate the matter to them.
Thirdly,
1
1
1
be had,
1
1
1
+
1
*
*
I
1
1
7
230 An Impartial Collection of all the memorables Events
May, Thirdly, That the Miniſter.or:Miniſters of every Congregation firſt take
1.641. it in his or their own perſon, reading the ſaid Proteſtation in so diſtinct a
Voyce, that all preſent may conveniently hear it, and that all the Aſembly
preſent do make the same Proteſtation diſtinętly after this manner, every
man taking this Proteſtation into his hand.
A. B. do in the preſence of Almighty God freely and heartily pro-
miſe, vow, vand.proteſt the ſame which the leading perſon took, na:
ming the perſon.
Fourthly, That there be a Regiſter Book wherein every man taking this
Vow or Proteſtation ſubſcribe his Name, with his own hand or mark, and
that the Names be taken of ſuch as do refuſe the ſame.
Fifthly, That all the Pariſhioners abovefaid, whether in Town, or out
of Town, be earneſtly-requested to be preſent at their own Pariſh Church in
the Afternoon of that Lords Day whereon it ſhall be taken, that every man
may take it in their own place; and if any be neceſſarily abſent, that they
may be deſired to take if the next Lords Day after, or so faon as may be
with Conveniency:
Sixthly, and laſtly, That all whom it doth not immediately concern, be
earnestly requested to depart.
It was further Ordered, That all Members about Town be warned to
appear at 8. of the Clock to morrow, and non-appearance to be accounted a
Contempt of the Houſe, upon which the Houſe will proceed as againſt per-
Sons not worthy to Sit in the Houſe ; and that none gº out of the Town
without Special Leave from the Houſe.
The Earl of Holland ſignified to the Houſe of Lords, That he was
Commanded by his Majeſty to let their Lordſhips know, that he hath
made the Earl of Newport Conſtable of the Tower of London.
They began alſo now to caſt an oblique Aſpect upon the Sword, as
hitherto they had done upon the Scepter and Royal Prerogative, as ap-
pears by this following Vote and Order which was a neceſſary Prelimi-
nary Point, to their wreſting the Militia; Forts and Caſtles from the
King, as afterwards they did; for well they knew, that without the
power
of the Sword,they could never hope to mațe the Scepter: It was
therefore Ordered,
Order to Ena That the reſpective Knights, Citizens and Burgeſſes give an Account of
Condition of the State of the Shires, Cities and Burroughs for which they ſerve, for
the Forts,&c. Arms and Ammunition, Caſtles and Forts, and of the Governors, Lord
Lieutenants and Deputy-Lieutenants, how affected to the Religion, and to
the Milicia, preſent their Names to the Houſe; and that where there is want, that
Arms and Ammunition may be ſupplyed.
By this Means they got a true account of all thoſe who were their
Friends, and who their Enemies, who were therefore to be diſplaced as
diſaffected to Religion, and Popiſhly inclined; as all thoſe who were for
Epiſcopacy, were vogued to be: and beſides, hereby they gave a Gene,
ral Alarm and Amazement to the Whole Nation to believe that thoſe
Fears and Jealouſies with which they bewitched
the People into Rebel-
lion, were grounded upon the foundations of Truth and real Danger,
which was the Occaſion of this Inquiry into the ſtate of the Militia.
1
19
1
Earl of New
port made
Conſtable of
the Tower.
1
1
1 -
1
'
..
1
0
and to take
Account of
and to arm
the Countries.
HE
I
11
Upon
HIS
"
!
+
+
1
DI
4
1
.
1
cy to reduce
1
li
1
cy of the Ara
my.
r
1
from the Scotch Rebellion to the King's Murther.
231
:: Upon this a Meſſage was ſent to the Lords, to acquaint them with
May,
a dangerous Conſpiracy to ſeduce the Army againſt the Parliament, and 1641.
to increaſe the Fears and Jealouſies among the People, an Order was
Meſſage to the
ſent from the Commons to the Lord Mayor of London, to take care of Lords about
the City Guards : The Meſſage to the Lords was in hæc verba.
the Conſpira-
the Army."
Mr. Hollis who carried up the Meſſage; read it in theſe words, That Meſlage about
the Houſe of Commons hath received ſuch Information as doth give them the Conſpira-
juſt cauſe to Sufpect, that there have been, and ſtill are ſecret praktices to
diſcontent the Army with the proceedings of Parliament, and to ingage
them in ſome Deſign of dangerous Conſequence to the State, and by
Some other miſchievous ways to prevent the happy Succeſs and concluſion of
this Parliament.
And becauſe the timely diſcovery and prevention of theſe dangerous * Yet after
:
Plots doth ſo nearly concern the ſafety
, both of* King and Kingdom, they did all thx
dehre your Lordſhips would be pleaſed to appoint a ſelect. Commitee, to was poſſible
take the Examinations upon Oath of ſuch perſons, and Interrogatorie's as
to perſuadethe
People, that
ſhall be preſented unto them by the Directions of the Houſe of Commons, the King was
and in the preſence of ſuch Members of that Houſe as ſhall be thereunto in this con-
ſpiracy
appointed, with Injunction of ſuch Secrecy as a buſineſs of this nature dot]}
require.
They have Ordered, That ſuch Members of their Houſe as shall be
thought fit, ſhall upon notice be ready to be Examined; and they defire
your Lordſhips would be pleaſed to order the like for the Members and
Alliftants of your own Houſe. ::
And further it is deſired, That your Lordſhips will forthwith ſend to
his Majeſty to beſeech him in the Name of the Parliament, upon this great
and weighty occaſion, that no Servants of his Majeſties, of the Queen or
Prince may depart the Kingdom, or otherwiſe abſent himſelf
, without leave
from his Majeſty, with the humble advice of the Parliament, until theſe
Examinations be perfected.
Whereupon it was Ordered, That this Houſe 'will joyn with the
Houſe of Commons in all that they deſire ; and theſe Lords following
were Deputed to take the Examinations, Earl of Bath, Earl of Elex,
Earl of Warwick, Earl of March, Viſcount Say and Seal
, Lord Wharton,
Lord Paget, and Mr. Serjeant Glanvile, and Mr. Attorney General, to
write and fet down the Examinations.
There being never a Biſhop in the Commitee, a Memorandum was the Biſhops,
.
entered in the Journals.
Emorandum, Whereas none of the Lords the Biſhops are joyned
with
the aforeſaid deputed Lords, it was declared by the Houſe,
that it should be no prejudice to the Lords the Biſhops.
This being done, the Lord Great Chamberlain, the Lord Steward, the
Lord Chamberlain, the Earl of Dorſet, and the Earl of Newcaſtle were
appointed to wait on his Majeſty with the aforeſaid requeſt of the Par-
liament, to which they brought this Anſwer.
Hat his Majeſty hath willingly granted it, and gave a preſent Com The Klags As-
mandáto the Lord Chamberlain, the Earl of Newcaſtle, and the ing his ser-
Earl of Dorſeț to give notice hereof to all under their Charge, that nonel vanos
do
U
r
:
7.
Salvo for
M
1
za
T
1
1
1
I
1
A
May,
i
The Oath of
Secrecy given
by the Lords,
to Sercant
Glaxvile, and
mine the Con-
The Perſons
accuſed.
:
.
232 An Impartial Collection of all the memorable Events
do depart the Kingdom without the King's Licenſe, but to be forthe
16.41. coming upon demand; which accordingly they liave already done.
After which the Oath of Secrecy.was given to Serjeant Glanvile, and
Mr. Attorney, in theſe words.
V
o v jhall Swear, That in your writing and ſetting down of the Exa-
mination of the Witneſſes to be produced before the Lords, deputed
to take Examinations upon Interrogatories to be produced by the Houſe of
Mr. Attorney, Commons, concerning the Engliſh Army in the North, and in all thing's
Committee of concerning the fame : Tou ſhall well, truly and faithfully behave your felves,
Lords, to Exa- | and not diſcover the ſame before the end of this Parliament, or Publicatia
on granted, or leave of this Houſe firſt obtained.
Spiracy.
The Perſons Accuſed of this Deſign of ſeducing the Army againſt the
Parliament; were Sir John Suckling, Mr. "Henry Percy, Brother to the
Earl of Northumberland, Mr. Henry Jermyn, Colonel Goring, Mr. Willi-
am Davenant, Captain Palmer, Captain Billingſley, and Sir Edward War-
deurn; and Warrants were iſſued out againſt them to bring them under
the Examination of the Houſe of Commons.
Thurſday,
This day there paſſed little of Moment, the Commons being taken
up with Reading ſeveral Bills, one for the ſecurity of the True Religion,
the Safety and Honour of his Majeſties Perſon, the juſt Rights of the
Subject, and the better diſcovering and puniſhment of Popiſh
Recufants ;
as alſo another Bill for Subſidies : With which guilded baits they not
only. Angled for Popular Favour, but alſo endeavoured to hide their An-
timonarchical Deſigns againſt his Majeſty, by theſe ſpecious, pretences
of endeavouring to ſtudy his Safety and Honour.
The Houſe was this day informed, That the Perſons againſt whom
the Warrants were Iſſued, upon the accuſation of their endeavouring to
ſeduce the Army, were not to be found; whereupon at a Conference
it was deſired, that all the Ports might be ſtopped, upon which the
Lords made this Order.
May 6.
+
.
1
1
11
1
Ports.
Tii
:....
Ordered, That all the Ports of England.ſhall be .forthwith ſtopped una
The Order
of til the pleaſure afi:this. Houſe
. be further
, known, and
none to depart the
ftopping the Kingdom, except-Sir Thomas Roe, and ſuch as he will be anſwerable for,
who is to give in their names to this
Houſe. And in particular, ſtay'is to be
; made af Henry. Percy Efq; Henry Jermyn Eſq Sir John Suckling Knight,
William Davenant and Captain Billingſly, that they depart not out of this
Kingdom, but are to be apprehended, and ſafely condułted with all ſpeed
into this Houſe.''
Directed,
To the Right Honourable Algernon Earl of Northumberland, L. High
Adiniral of Englandili.
To Faimes Earl of March, Lord Warden of thei Cinque-Pörtsissa
-1016 Férom Earl of Portland, Captain and Governour of the Tíle of Wight.
To George Goring Efq; Governour of Portſmouth.
:5731!! - After; which Sir Philip. Carteret, Lieutenant Governour'under Sir
Thomas fermyn of the Iſle of Jerſey, having given an Account of the ſtate
of the Me, was. Ordered to repair to his Charges there ; andī if Mr.
Percy,
1
+H
!
T
+
:
17
11
^,'-190
i
Hiinly
11
14 hluti
!!
Il
h!
HINH
4
HI
1
Friday
N
Proclamation
and the French
?
to bring in
.
'T
4
.
4K
JI
-
1
1
(
1
11
+
1
W
1
from the Scotch Rebellion to the King'ri Mürtber..
233
Përty; Mr: Fermyn, &c. were there to appréhend them, and cauſe them! May;
to be ſafely conducted to the Houſe of Lords.
1 641.
A Conference was this day appointed to be had with the Lords, to
acquaint them that divers perſons, who were ſuſpected to have a hand May,
in the Conſpiracy, and
that in order to the diſcovery of it, ſhould have Heads of a
been Examined, were gone; that new Informations were brought to Courel corso
the Commons of ſeveral French Forces, lay in Piccardly to be Tranſpor-, fent dangers
ted into England; probably into Portſmouth, and to deſire their Lord of Portſmouth,
ſhips to joyn with this Houſe for the Diſcovery of theſe Practices; and
that ſome Forces may be drawn out of Wiltſhire and Barkſhire for ſe-
curing of Portſmorith.
Sir Waltëri Erle was'alſo ordered to go down into Doffètſhirë, to-take
care of the preſervation and ſafety of that County. Iris in
-Sir Hugh Cholmley to go to the Lords
; to deſire them to move his Ma-
jeſty, that the Earl of Elex in this time of danger'may be made Lord
Lieutenant of Yorkſhire.
cine
gyA Proclamation was drawn to bring in Mr. Percy, &c.
Efq
ling. Knight, William Davenant and Captain Billingſly being by Mr. Percz.
order of the Lords in Parliament to be Examined, concerning deſigns of
great danger to 'the State; 'and miſchievous ways, to prevent the happy
Succeſs and Concluſion of this Parliament, have ſo abſented and withdrawn
themſelves as they cannot be Examined'; His Majeſty by the advice of
the "Said Lords in Parliament, doth ſtrictly charge : the
ſaid Henry Percy.
Efq; Henry
Jermyn Eſq; Sir John Suckling, William Dayenant
, and Cap-
tain Billingſly to appear before the fåid Palliament at Weſtminſter, with,
in Ten days after the Date hereof, upon
pain to undergo ſuch forfeiturės
and puniſhments as the said Lords ſhall order and inflict " upon them.
- The'Earl of Briſtol Reported to the Lords Houſe, That his Majeſty, Earl of Briſtols
had taken a reſolution for the disbanding of the new Iriſh Army; to disbanding
that purpoſe an eſtimate hath been given in to the King of the Chargęs, the Iriſh-Ar-
thàt 10000 Z. will now do it. Whereupon tliere iš order taken for the nay, užay 7.
ſpeedy Raiſing and Returning of Moneys to that intent: And Sir Adam
Loftus Vice-Treaſurer of Ireland hath engaged himſelf to repay in Sep-
tember next; thoſè Moñies Niall be disburſed by the Earl of Cork and
others in tlię interim for that purpoſe.
Thatlikewiſe there is care taken 'how to diſpoſe and imploy, the ſaid
Soldiers, that they may not be troubleſome to that
Country to tháť
purpoſe there are Eight Colónels and Captains Nominated, who will
take-off theſe Men and Tranſport them to 'Forreign Parts, which his
Majeſty will give way unto; if it be to a Prince that he is in Amity with ;
provided, that theſe Commanders do give the King and Parliament an
Account both of their Perſons, and their Imployers, before they have
the Command of the Soldiers.
* Mr. White, Ohair-man of the Committee for Scandalous Miniſters, Saturday,
Reports the matter of Complaint exhibited againſt Edward Finch Vicar
of Chrift-Church, London : Upon which theſe Votes
paſſed.
Reſolved, Sc. That the ſaid Edward Finch is guilty of ipractiſing In- vores about
novations in the Churchi:; Non-Reſidency, foul Extortion, neglect of Mr. Finch vi
the Duty of his Function, and prophaning the Sacrament; .a. Man of Church, London.
Vol. II.
Hh
pro-
+
1
:
Oj 11
ام(
i
i!
-
1
}
1
1
May 8.
+
1
t
-'...!. '. - '
14
.
+
:
234 An Impartial Collection of all the memorable Events
May, prophane Life, ſcandalous in his Doctrine and Converſation, and a hin-
1 6 4 1. derer of preaching.
Reſolved, &c. That the faid Edward Finch is a man unfit to hold any
Benefice or Promotion in the Church.
Mr. White is Ordered to tranſmit this Cafe to the Lords, that the Pa-
riſh may be eaſed of him.
Thus early did they begin to ſtrike at Root and Branch of Epiſcopacy,
for all thoſe who were obedient to their Governours in the Church, or
thought, God Almighty ought to have bodily: Worſhip and Adoration
in thoſe places where he has put his Name; and made them Houſes of
Prayer; all thoſe who thought kneeling at the Receiving the Holy. Sa-
crament neceſſary, or any other decent Poſtures; Geſtures, or Veſtments
that might outwardly ſignifie inward Veneration and Homage: Lawful
and Expedient, were upon the lighteſt Accuſations voted Guilty of In-
novațion, Prophaneneſs, and.unworthy of any Promotion in the Chạrch.
And as Mr. Symmons in his Vindication of King Charles, who was an
dicat. of King Eye-witneſs of this terrible Perſecution, informs us, All Accuſations
Charlos P. 73. againſt any, though the beſt Miniſters, by the moſt malicious and lewdeſt
perſons, were invited by Ordinance, incouraged and admitted of without
any proof at all... And it can be no wonder that the Orthodox Clergy
fuffered ſo deeply both in their Reputation and Eſtates, wlien not only
their Accuſers which moſtly were the ſeveral Sectaries in their Pariſhes,
or ſuch others as went about to defraud them of their juſt Dues, were
their moſt inveterate Enemies; but their Judges too. were frequently
both Parties in promoting and managing thoſe Accuſations, and by their
open favouring their Accuſers ſhewed the partiality of Enemies.
The Faction ſaw the abſolute neceſſity of getting the power of the
Sword into their hands, both to juſtifie what they had already done,
and to ſupport them in what they intended by their pretended Refor-
mation, which was totally to aboliſh Epiſcopacy in the Church, and to
clip the Wings of Prerogative, if not wholly to take away the Govern-
ment of Monarchy'it felf: Now. to the accompliſhment of this deſign
upon the Militia, Navy, Forts, Magazines and Strength of the Nation,
all Arts imaginable, were uſed to gain the People ; the great pretences
were Liberty, Property and Religion; for as Mr. Hambden, one of the
principal Grandees; of the Faction; told a private friend, without that,
they could not draw the People to aſſiſt them. The great Rubb in
their way to the gaining of the People they knew would be the Loyal
and Orthodox Bishops and Clergy, theſe therefore were to be removed,
that fo Creatures of their own might be introdụced into Corporations
and eſpecially into the City of London, who might from the Pulpit
preach the Oracles of Sedition and Rebellion, delude, the People, ani.
mate and incourage them to aſſiſt the Parliament in this Glorious Re:
formation, by putting the power of the Sword into their hands.
That they might effect this, they did not only obtrude. Lecturers by
order of the Houſe upon moſt Churches of Note in London and elſewhere,
but by their means, and the reſtleſs malice of the Sectaries, were perpe-
tually Petitioning and Articling againſt the Epiſcopal Clergy: And to
encourage this Trade of Parſon-hunting, as the factious Sectaries called
it, and which did extreamly tie them to the Parliament, a pretended
Order of the Houſe of Commons
was printed and diſperſed all over Eng-
land, which when complained of, though diſclaimed by the Houſe withi-
in doors, yet was it never Counter-manded; no Penalty inflicted upon
the
1
A
1
41
#
'I,':'.
li
t', '
7.
TI
un
th
14
11
IL
1
11
1
from the Scotch Rebellion to the King's Murther.
235
the Printer, Publiſhers or Spreaders of this Counterfeit Order, nay they! May.
were not ſo much as once queſtioned for it. By the Encouragement of 1641.
this Order, and'the Countenance this Petitioning and Articling againſt
the Clergy found from the Committee for Religion, there were above
2000 Petitions Exhibited in a ſhort time againſt them, in which they
were charged with the moſt horrid Crimes of Adultery, Prophaneneſs,
Swearing, Drunkenneſs, and indeed what not · Every accuſation tras
not only received but Credited, inſomuch that few or none of the Loyal
Clergy Eſcaped the laſh, Honeſty and Learning being then, as Mr. Selden
ſaid, Sins enough in a Clergy-man. And when ever the Reader ſhall here-
after meet with any of theſe Votes againſt the Clergy,he is to look upon
them rather as Marks of Honeſty, and honourable Scars of their Wound-
ed Reputation, then brands of ignominy, or real Crimes; for all their
Sufferings proceeded only from their being guilty of Loyalty to their
Sovereign Lord and King,and Obedience to their Superiors and the Laws
of the Church, and of the State too as then it was Eſtabliſhed.
But to paſs forward, this New Plot of ſeducing the Army, with which
not only London but the whole Nation rung again, was of Extraordinary
Service to them, and from the Rumors which were ſpread of a French
and Iriſh Army to be landed to joyn with the Engliſh Army, the Phana-
tical Party took Occaſion to provide themſelves with Arms and Ammu-
nition, of which afterwards they made ſufficient advantage, when the
Conteſt between the King and the Two Houſes grew fo high as to come
to the fatal deciſion of the Sword.
.
A Letter was this day Ordered to be ſent to the Army in order to the
diſcovery of this Conſpiracy againſt the Parliament, and Mr. Speaker
was ordered to ſend Copies of it under his hand to Sir John Conyers and
Sir Jacob Aſhley. The Letter was thus penned :
i
1
SIR,
W
Hereas there have been juſt Cauſes of Jealouſies that there have the speaker's
been ſome ſecret Attempts and Practices to infuſe into the Army Letter to the
a millike of this Parliament, to ſome dangerous intent and purpoſe againšt | Army.
the State and that now the matter is grown unto a ſtrong preſumption
upon further diſcoveries, and by reaſon that ſome of thoſe which were
Suspected to have been Active therein,are fied upon the firſt ſtirring there-
of, before ever they were once named. It hath pleaſed this Houſe to de-
clare, That notwithſtanding they intend to ſearch into the bottom of this
Conſpiracy, yet purpoſing to proceed Especially againſt the Principal Actors
therein, this Houſe hath reſolved (whereunto the Houſe of Peers hatha
likewiſe conſented), That for ſuch of the Army, as the Conſpirators have
endeavoured to work upon, if they ſmall teſtifie their Fidelity to the State
by a timely diſcovery of what they know and can teſtifie therein, they ſhall
not only be free from all puniſhment, but alſo ſhall be Eſteemed to have
done that which is for the Service of the State in diſcovery of fo dangerous
a Plot against it. And for ſuch of the Army as are, and ſhall be found no
wayes tàinted with this dangerous Deſign, or knowing any thing thereof
,
Mall make ſuch diſcovery as aforeſaid, as this Houſe ſhall no wayes doubt
of their Loyalty and Fidelity, ſo it will have an Eſpecial Care not only to
ſatisfie all ſuch Arrears as this Houſe hath formerly promiſed to diſcharge,
but alſo give a fair Teſtimony of the Senſe they have of their preſent and
Vol. II.
:
HI 2
palt
'122
"
2
;
.
Month from
10
May 16.
1
.
1
the loth.
Search for
Arms at Lam-
beth.
!1
11
1
1
2
i
:
borrowed of
4
K
1
236 An Impartial Collection of all the memorable Events
May paft Want ; And it is Ordered by this Houſe, That immediately after the
16 41. (receipt hereof, you ſhould communicate this their Declaration unto all the
Officers and Members of the Army under your Command:*
Your very Loving Friend,&c.
Ceflation pro-
It was this day alſo Agreed to a further Ceſſation of Arms for a Month
longed for a
longer, to begin from the 16. of May, if the Treaty ſhall ſo long con-
tinue.
Monday, May A Bill was read the firſt and ſecond time for better levying and raiſing
Mariners and Saylors and others, for the defence of the Kingdom.
An Information was alſo given in, or at leaſt fo pretended, to render
the Archbiſhop more'Odious to the Populace, and to Exaſperate them
againſt Him and the Reſt of the Biſhops that there were great Stores of
Arms and Ammunition laid up at Lambeth, in Order, as was. buzzed
about
among the Faction, to promote ſome ill Deſigns againſt the Par-
liament; whereupon Sir John Evelyn and Mr. Broxam were Ordered to
go over to Lambeth, to view what Arms were there ; and ſome others
were appointed to ſearch about the Parliament Houſe, leſt any Plot
ſhould be ſecretly hid there: or rather in truth to amuſe the. People by
theſe ſtrange Fears and Jealouſies, and keep them up in that Heat in
which they were againſt the Government.
Moncy to be This Day were paſſed, as before was obſerved, the Fatal Bills for the
Attainder of the Earl of Strafford, and for the continuance of this Par-
that chey up on liament ; upon which
the Citizens and Burgeſſes for London were order-
Bill of Atrain- ed to repreſent to the Lord Mayor and Court of Aldermen and Common
Councel what paſt this day concerning the Bill of Attainder, and the
for Parliament.
Bill for the Sitting of this preſent Parliament, and to move for a preſent
Anſwer to be given for the Sixſcore thouſand pounds promiſed to be lent
by the City for the great Occaſions of the Kingdom.
There goes a Story which I have heard confirmed for truth, That a
certain Witty. Nobleman, the next morning after the paſſing this Bill for
the Continuance of this Parliament during their Pleaſure, coming to the
King's upriſing, Saluted him in this Familiar manner, Good morrow fellow
Subject." Which though at preſent it did only a little ſurprize lis Mà-
jeſty, yet afterwards he found that no leſs was by that ACT intended
by the Faction, who treated him as a Co-ordinate third Eſtate.
Mr. Treaſurer Vane brings a Meſſage from the King to the Houſe to
the king con- acquaint them, That his Majeſty had already given Directions to prepare
cerning the
a Patent to make my Lord of Salisbury Lord Lieutenant of Dorſetſhire,
Lord
. Corting the Lord Cottington having offered to ſurrender. his Patent ; and that
the Houſe may hereby ſee how ready his Majeſty is to ſatisfie all their Just
Requeſts, being reſolved to repoſe himſelf intirely upon the Affections of
his people.
To which Meſſage Mr. Treaſurer was Ordered barely to return the
Thanks of the Houſe; whereas formerly, upon far leſs Occaſions, more
Dutiful Commons were ever wont to return their Anſwer with the Stile
of His Majeſties Gracious Meſage ; and theſe Men could upon occaſion,
and when they had an intention to flatter the King in order to ſome fur-
ther Favours, do it themſelves
Thus did this Great Prince indeavour in every thing to oblige this
ſtubborn Faction; but alas! he met with nothing but ingratitude from
their Presbyterian Temper, who looked upon what ever he gavė, as his
Duty,
5
der, and Bill
1
î
!
The Commons
Anſwer.
i
.
:
+
"LI
+
.
E
May,
1
1
from the Scotch Rebellion to the King's Murther.
237
Duty, and conſtrued his moſt Gracious Conceſſions to be the Effects of
his Fear, not his Bounty; and from thence they took courage to raiſe 1 6 4 1.
their demands higher, as hereafter we ſhall ſee.
This day the Bill for preſſing Marriners and others was paſſed, and
Ordered to be ingroſſed.
The Earl of Briſtol ſignified to the Houſe of Lords, That the Scots
Commiſſioners had deſired the Lords Commiſſioners to preſent to the
Parliament an Extract which they have made of a Letter ſent them from
the Committee at New-Castle dated the 30th of April, which was read.
Vix
--
.
,
1
WE
3
1
1
4
T
1
+
1
1
1
Ę find by Sad Experience, that if a way had been invented to Extract of a
ruin us, there could not be one more ready then this undermining Letter from
of us by granting new Ceßations, and keeping back of the Monies in the Houſe
promiſed for our daily Maintenance,which makes us Earneſtly to recommend of Lords.
to your Lordſhips Care, the preſling of Money for us with ſpeed, and to con-
foder well of our Eſtate
in caſe any new Ceßation be deſired.
We perceive likewiſe the ſame Effects to follow upon the Prorogation of
the Parliament, for the Countrey by delay of Juſtice,ſtop of Trade keeping
up Armes within, and ſending their Vištuals to us, is ſo exhauſted, that
ére it be long this Remedy will be worſe then the Diſeaſe.
Theſe conſiderations make us to intreat your Lordſhips with all earn-
eſtneſs to preſs for an Anſwer of our Demands, and a Concluſion of the
Treaty in ſuch a way as your Lordſhips ſhall think fitting, having reſpect
firſt to the Cauſe in hand, and next to the Condition of our Army and the
Eſtate of the Country at home.
Then bis Lordſhip told them that the Scots have received an Anſwer
from the King of thoſe Articles which his Majeſty had undertaken to con-
Sider of; and declared the earneſt deſire that the Scots Commiſſioners
had expreſt to the Lords Commiſſioners to have an end of the Treaty, and
the Peace fetled, that ſo they may return into their own Countrey.
Hereupon a Meſſage was ſent to the Commons to deſire a Conference
by a Committee of both Houſes preſently touching the Treaty of both
Kingdoms.
Divers Recuſant Lords declared to their Houſe, that they were ready fant Lords
to take the Proteſtation, ſo much as concerns the Civil part of it, ſo they take the Pro--
might be diſpenſed with for the matters of Religion which binds their
Conſciences, which the Houſe giving way to, the Lord Marquiſs of
Wincheſter, the Earl of Rivers, and the Lord Audley made the Proteſta-
tion accordingly.
It was this day Ordered, That Mr. Pym's Speeches at the beginning Tuesday ,
and end of the Lord Strafford's Trial, as alſo Mr. St. John's Argument
in Law ſhould be Printed.
Preſſing Sea-
The Bill for the better Levying of Marriners was read a Third time: men paſſed
and being put to the Queſtion, It was Reſolved, That it was fit to paſs Houte
.
for a Law, Nemine Contradicente.
It was alſo Reſolved, That the Houſe of Lords ſhould become Suitors intercede with
to his Majeſty about the Wife, Children and creditors of the Earl of the wife and
Strafford, that he will be pleaſed to take them into his Mercy and confi- Children of
deration
Strafford.
There was alſo a Conference appointed to be had with the Lords, that Tumults. A
fome care may be taken of the Queen-Mother who was threatned by Conference a
bout the Queen
-
"
Some Recut
.
May II.
The Bill for
+
The Lords to
1
the Earl of
'
ฯ
the Mother.
1
1
:.
.
1
I
1
May. 12.
Vores about
Mr. will. Aho
ton Vicar of
238 An Impartial Colle&tion of all the memorable Events
16 41.
tlie Rabble. A great Character being given of her, that ſhe was a per-
May.
ſon of great moderation,and had expreſſed hier deſire to the King that he
ſhould Govern by Parliaments, how diſhonourable it would be to this
Nation to ſuffer her to be treated with rudeneſs and inſolence in a place
whither ſhe was come expecting Protection.
They had now raiſed a Devil to affright the King, which they began to
be affraid of themſelves, for the Tumults grew fo high, that 1000
Seamen being got together about the Tower, pull'd down Two Houſes,
oppoſed the Trained-Bands who were ſent to diſperſe them, and in the
Fray kill'd two of them and wounded others.
Wednesday,
Úpon Report from the Committee for Religion concerning Mr. Aſha
ton Vicar of Painſwick, It was Reſolved &c. That the Vicar of Pains-
wick, Mr. William Aſhton is a common haunter of Ale-louſes, a com-
mon Drunkard, a frequent attempter upon the Chaſtity of Women, and
Painswick,
unfit to hold any Benefice or Promotion in the Church, and the Caſe to
be tranſmitted to the Lords.
I do not find this Gentleman Recorded by Mr. White the Chairman
of this Scandalous Committee, which makes me apt to believe that his
Crimes were too ſlenderly proved to indure the Light ; and well we may
judge him innocent notwithſtanding this heavy Charge, when even ſome
of thoſe who were recorded in that ſhameleſs Book of Centuries who
were Accuſed of Adultery and Drunkenneſs, had thoſe horrid Accufati-
ons ſupported by no other proof than only kiſſing a Woman in the pre-
ſence of Company, and the drinking only one half pint of Wine; but the
manner was to lay all manner of Crimes in the Petition and Articles,
and if any of the leaſt, or which they called fo, ſuch as bowing at the
Name of Jeſus, Preaching againſt Sacriledge, or for Conformity &c.
were proved, the Charge was ſuppoſed fufficiently made good, and they
were Treated accordingly, as if they had been the moſt notorious Cri-
minals and thoſe Crimes moſt notoriouſly proved.
The Bill for the further relief of his Majeſties Army and the Northern
Army, Short parts of this Kingdom, as alſo the Bill for abbreviating of Michaclmas
ning Michaela Term, being Thrice read in the Houſe of Lords, upon the Queſtion,
mas Term,pal- they were ſeverally agreed to be paſſed as fit for Laws.
It was alſo Ordered, That Robert Harwood, and Thomas Drinkwater
for their contempt of the Orders of the Lords Houſe, ſhould be ſet upon
lory Harwood, the Pillory in the new Palace-Yard at Westminſter, there to remain two
water for Con- hours in the Morning, with Papers on their Heads with this; Inſcription,
For diſobeying and uſing Scornful Speeches againſt an Order of the Upper
Houſe of Parliament.
In the Commons Houſe, the Petition of the UniverQty of Cambridge
for the maintenance of Epiſcopacy and Cathedrals were read, which as
I find it in the Collection of Speeches commanded to be Printed by his
Majeſty, to let the Nation fee that it was only the Faction that deſired
their overthrow, and not the whole Body of the Kingdom, was as fol-
lows.
1
Bill for the
fed the Lords
Houſe.
Order to Pil-
tempe of the
Houſe.
i
Honoratiſſimis
:
from tbe Scotch Rebellion to the King's Murtber. 239
The Petition
Honoratiſſimis viris Equitibus, Civibus & Burgenſibus Supremæ Cu May,
riæ Parliamentariæ Senatoribus Conſultiſſimis fumma cum Demiſ- 164 1.
fione.
of thc Univer:
Senatores Honoratiſſimi,
fity of Eam-
bridge, May
On veremur, ne volventibus tanta negotia moleſti fimus Academia 12. 1641.
Cantabrigienſis, cum nihil ſit aut ad Religionem certius, aut ad
Splendorem nominis excelſius, quam ſuſcipere. Litterarum clientelam, in quo
Studio, cum fingularis Animi veſtri propenfio femper eluxerit, tum nulla
in re magis poſſit eminere quam fi Eccleſia honeftamenta ea quæ fub optimis
Regibus
tam diu obtinuerunt, indelibata tueamini.
Non enim agitur unius Academie, non unius. Ætatis cauſa ; nam nec
induſtria poterit non relangueſcere, nec bona indoles ali, neq; augeri, nec
vota parentum non in irritum cadere, nifi ſpe non vana fuffulciantur. Quam
præmaturum bonis artibus occafum imminere, fi ftipendium idem Militi fit
quod Imperatori : Sunt qui expediendis Scholaſticorum ambagibus,evolven-
dis antiquorum Patrum Monumentis, expürgándæ fæci Romanæ, velut Au-
gxiſtabulo ſe totos impenderunt ; nec aliam mercedem prenſant,quàm in Ec-
cleſia Cathedrali tandem aliquando quaſi in portu conquieſcere ; ita fit ut
quod ignavis Aſylum infcitiæ eft, id candidioribus ingeniis pro ſtimulo ſit
ad aptima perſequenda, nec æquitas judiciorum veftrorum ferret, improbi-
tatem nonullorum in publicam Calamitatem redundare.
Impetigo Romana quam amplam tum ſibi nacta videbitur fe diffundendi
materiam, cùm non fit niſi imbelles adverſarios habitura : neq; enim cer-
tamini vacare poffunt qui id unicè agunt, ut in roftrjs concionibus fudent';
etiamnum perſentiſcere nobis videmur nudam atq; inanem Academiam &
Antiquam paupertatem quaſi præludio perhorrefcimus : Nec veſtra proge-
nies non aliquando ventura ejt in tantarum miferiarum partes. Qyin itaq;
Senatores ampliſſimi per Spesi parentum, per illecebras induſtriæ, per ſubſi-
dia fimul & ornamenta pietatis, per vincula, nervos, & firmamenta lit-
terarum, velitis Tplendorem Ecclefiæ, qui longiffimis ab ufq; temporibus de-
ductus eſt, authoritate veſtrâ communire. Sed quia linqua nativa dolores &*
defideria fua fælicius exprimit, annexam Litteris Petitionem, berevolis
auribus excipietis.
Honori veſtro Deditiſſimi
Datæ e Frequenti Con-
Procancellarius, reliquufq; cætus
vencu noltro Cantabr. tertio
Academiæ. Cantabrigienfis.
Idus Aprilis, 1541.
]
1
ܕܬ
To the Honourable
the Knights, Citizens, and Burgeſſes of the Houſe
of Commons Aſſembled in Parliament,
The Humble Petition of the Univerſity of Cambridge
Sheweth,
Hat your Petitioners having heard of divers ſuggeſtions offered to
this Honourable Court by-way:of Remonſtrance, tending to the ſub-
version of Cathedral Churches; and alienation of thoſe Lands, by which
they are
ſupported, being the Ancient Inheritance of the Church, founded
and beſtowed by the Religious bounty of many Famous and
Renowned Kings
and Princes of this Land, & other Benefactors both of the Clergy and Laity,
and
1
1
1
4
1
!
240 An Impartial Collection of älkthe-mengorable Events
May, and Eſtabliſhed and Confirmed unto them by the Laws of this Kingdom,
1641. and ſo accordingly have been employed to the advancement of Learning,
the encouragement of Students, and preferment of Learned Men, beſides
many other Pious and Charitable uſes.
May it pleaſe this Honourable Court, out of their great Wiſdom and
tender Care for the cheriſhing of Learning, and furtherance of the Studies
and Pains of thoſe who have, and do devote themſelves to the ſervice of
the Church, graciouſly to protect and ſecure thoſe Religious Foundations
from. Ruine and Alienation ; and withal to take order that they may be
reduced to the due obſervation of their Statutes ; and that all Innovatie
ons and Abuſes, which have by ſome Mens miſcarriages crept in, may
be
Reformed, that ſo the Students of our Univerſity, which by the preſent
fears both are and will be much fadded and dejected, may be the better
invited ta.purſue. Their Studies with alacrity, and the places themſelves
diſpoſed to the moſt ſerviceable and deſerving Men, according to their first
Inſtitution.
1
And your Petitioners, as in Duty bound,
ſhåll ever pray, &c,
The Defence
1
heard in the
Mons.
1
.
This day, for faſhion fake, thoſe Gentlemen who deſired to ſpeak
of Deans and something in defence of the Deans and Chapters were heard before the
Chapters
Houſe of Commons; and after Dr. Burgeſs had inveighed againſt the
Houſe of Com- ſinging of the Service, alledging, That Devotion vaniſhed into Quavers,
and tliat St. Paul's Hymns were
. Legentibus non Cantantibus; and had
run a lang Harangue upon thie neceſſary uſe of Prayer, and the power
of Preaching; Dr. Hacket made a learned Speech in defence of thoſe Re-
ligious Foundations, ſhewing how much they tended to the Glory of
God, the Advancement of True Religion, Promoting of Piety, Encou-
ragement of Learning, and the good of the Common-wealth. The ſum
of his Defence, ſo far as I can collect from thoſe broken fragments
whicli arc Entred in the Journal of the Houſe of Commons was as
follow's.
He ſhewed, That in the beginning of the Reformation of this Church
from Popery, it was Queen Elizabet) at care to place the moſt Lear-
ned and Able Men in the Cathedral Churches ; and that from thence
the great light of the Reformed Religion ſpread it ſelf over this Nation,
by the conſtant preaching that was maintain’d there every Lord's Day,
beſides a weekly Lecture. That here were the Nurſeries and Semina-
ries of Learning, there being a Grammar-School to every Cathedral; that
the
great Encouragement to Learning was the future expectancy of Re-
wards, without which very few perſons would be induced to fit them-
ſelves for Sacred Functions; that the Labour and Induſtry muſt be great
and long, and the Charges extraordinary, to qualifie any perſon for the
Service of God and the Church ; and that therefore theſe Encourage-
ments are not more then enough to invite Men to theſe chargeable and
laborious Studies.
Then he proceeded to ſhew. the Primitive deſign of theſe Structures
and Foundations, which was, That the Colledge of Presbyters might be
as a Synod and Council to the Biſhop, to aſſiſt him in the Exerciſe of
his Juriſdiction; that they were greatly for the Honour of our Religion,
being the firſt Monuments of Chriſtianity in our Nation, dedicated to
the Service of God, and ſet apart for the continual Exerciſe of Chriſti-
.
:
1.
I
:
anity,
.
4
1
1
ing
.
1
i
/
1
And if their too inconſiderate
from the Scotch Rebellion to the King's Murther.
241
anity, continual Prayers and Praiſes being there offered up to God Al May,
mighty for all ſorts and conditions of Men.
I 64.I.
Then he proceeded to fhew the advantage of thoſe Foundations which
the Church enjoyed by the Religious bounty of our devout Anceſtors,
Whofe Wills ought to be had in Veneration. As firſt, to the Churches
Tennants, who
had very advantageous Leaſes many times not much
different from Inheritance, paying only one part of Seven, rather as an
acknowledgment than a Rent. Secondly, To the Cities wherein they
were, by the great Reſort and Concourſe of People to thoſe places
Thirdly, To the Poor, who found there a conſtant relief from their Hof-
pitality. Fourthly, To the King's Revenues, for that beſides their Firſt-
fruits, Tenths, &c. no ſort of Men did more readily grant Subſidies to
his Majeſty, or were more willing at this time to contribute to the pub-
lick Charges of the Kingdomn.
He truſted much, he ſaid, in the Honour and Juſtice of this Honou-
rable Houſe, in regard that though they were Accuſed of great and fla-
gitious Crimes, yet he could not hear of the leaſt proof offered againſt
them; and therefore he hoped that they who profeſſed ſo much ſince-
rity in Religion, would never have St. Paul's cenſure deſervedly laid up-
on them, Thou that abhorreſt Idols, doſt thou commit Sacriledge ? Which
he did not ſee how it could be avoided, if they deſtroyed theſe Religi-
ous Foundations, which were dedicated and ſet apart for the ſolemn Ser-
vice and Honour of God : Concluding. That upon the Ruine of the Re-
wards of Induſtry and Learning no Structure could be raiſed but Igno-
rance, and upon the Chaos of Ignorance nothing but Confuſion, Pro-
phaneneſs, Irreligion and Atheiſm. But Alas! All this was but Surdis
Canere.
Upon this there aroſe a warm debate, and the Epiſcopal Party in the
Houſe, who were by far over-numbered, urged, That they took the late
Proteſtation to be the meaning, and intention of the Houſe to defend
the Proteſtant Religion, and not to deſtroy it, according to the firſt
Clauſe of the ſaid Proteſtation. But they ſoon found themſelves in So-
lomon's Snare, who informs them, that is a Snare to devour holy things,
and after vows to make Enquiry; for whatever their intention was in
taking it, the impoſers had one very far different, and meant it as an
Engine to pull down the Eccleſiaſtical Hierarchy as a Relique of Popery,
and therefore they now explained their meaning to be, That, by the Explanation
True Reformed Proteſtant Religion, expreſſed in the Doctrine of the Church of the Prote-
of England, againſt all Popery and Popiſ Innovations within the Realm
contrary to the fame Doctrine, is meant only the Publick. Doctrine pro-
feſſed in the ſaid Church, ſo far as it is oppoſite to Popery and Popiſh
Innovations; and that the ſaid Words are not to extend to the main-
taining of any Form of Worſhip, Diſcipline or Government, nor of
any
Rites or Ceremonies of the ſaid Church of England. So that upon the
Matter hereby the Government of the Church by Arch-biſhops, Bi-
ſhops, &c. together
with the Liturgy, were plainly deſigned for Extir-
pation, which is the Presbyterian way of Reforming.
Thús by an unhappy Artifice were many worthy and found men, not
only for the Doctrine but Government of the Church, as it were drawn
into a Confederacy to deſtroy hier.
compliance drew them into this danger, how deeply were they Guilty
who deſignedly drew them into the making
a ſolemn Proteſtation, Vow,
and Promiſe in the preſence of Alinighty God, to perform ſomething,
Vol. II.
I i
which
!
ſtation,
>
*
.
242 An Impartial Collection of all the memorable Events
:
May, which by their own Confeſſion was ſo myſterious and doubtful as to
1641. need an Explication ; a Vow, made without the knowledge or conſent
of their Supreme Lord and Sovereign, and as they Explained it, not on-
ly directly contrary to their Oaths of Allegiance and Supremacy, but
ſuch a one as their Sovereign could not permit them to keep, but he
muſt violate his Coronation Oath, by which he had obliged himſelf to
defend the Church in all her Priviledges and Immunities, as then by Law
poſſeſſed and enjoyed. A moſt impious affront to the Supreme Majeſty
of Heaven, making him a Party to a Vow ſo raſlly made, that the
very
framers of it, to their Eternal Infamy acknowledged by this Explanation,
carried ſo much Ambiguity, as to render it not ſufficiently underſtood
to be taken with a ſafe Conſcience, nor by many of thoſe who took it be
kept without perjury and making ſhipwrack of their Conſciences. How-
ever this advantage Poſterity will be able to make of it, not to be again
impoſed upon by ſuch wily Itratagems of pretenders to Reformation, but
for the future will more eaſily be able to diſcover the deſign and mean-
ing of ſuch Proteſtations and Aſſociations; and in what ſenſe they who
difſent from the Church of England underſtand the True Proteſtant Re-
ligion, of which they boaſt themſelves ſuch great Champions and Aſſer-
tors; and that though for a time, to ſerve their Intereſt they may dif-
ſemble, yet they eſteem the Diſcipline, Rites and Ceremonies of the
preſent Éſtabliſhed Church of England no better than Popery and Popiſh
Innovations: And that notwithſtanding the Teſtimony of Antiquity,
long before either Popery or Presbytery came into the World, recom-
mends them to us as the Primitive Government, and Uſages of the Uni-
verſal Church; notwithſtanding that the firſt Reformers ſet to their Te-
ſtimony by Martyrdom, which they ſuffered from the Papiſts; an evi-
dent demonſtration that they are not Popiſh : Notwithſtanding that
they are agreeable to the Rule of Scripture, enjoyned by thoſe Laws and
Legiſlators, who deteſted, abhorred and baniſhed the Pope and Popery
out of England ; . yet if ever they can get the Power proportionable to
their Wills, they will endeavour to Extirpate Root and Branch the
moſt truly Primitive and Apoſtolical Church in the whole Chriſtian
World.
Meſſage from
A Meſſage froin the Houſe of Commons by Mr. Arthur Goodwin,
the Commons wlio delivered the Bill for the abbreviation of Michaelmas Term, which
about the Bill the Commons had paſſed with the amendments : And to deſire their
Lordſhips from the Commons to take into conſideration, as soon as they.
perſons from
can, the Bill touching the Reſtraining of Biſhops, and Perſons in Holy Or-
medling in Scoders from intermedling in Secular Affairs.
This day two Letters were read in the Houſe of Commons, one from
Thurſday, Mr. Peter Heywood, another from Thomas Smith of Dover to one fames
May 13: Buckhurſt; of the great fears of the French, and their being about to
Ship many thouſands of men to be landed in England ; the. Conſidera-
tion of which were referred to the Committee of Seven.
Thus did they by continual Alarms of Fears and Dangers, even upon
the ſlighteſt and moſt trivial Grounds, as it were, to keep the People per-
petually awake, and force them into thoſe dreadful State-Phrenfies,
which were the deplorable Conſequences of theſe Reports and Ru-
mors.
His Majeſty came this day into the Houſe of Lords, and having Sea-
ted himſelf in his Chair of State, the Lords being in their Robes fitting
uncovered, the Houſe of Commons were ſent for, the Royal Aſſent being
។
to reſtrain Eca
clefiaftical
Fears of the
French.
li
W
to
+
+
.
!
L
1
G-
1
1
from the Scotch Rebellion to the King's Murther.
243
to be given to three Bills, viz. One for the Abbreviation of Michaelmas
May,
Term: Another for Preſſing and Levying of Marriners and others, for 1641.
the Service of the Kingdom ; and the third, For the Remainder of the
Six Subſidies : Upon the preſenting of which Mr. Speaker made this
Speech, as I find it in the Book of Speeches, Pag. 204.
the Remainder
of the ſix Suba
The
!
1
May it pleaſe Your Moſt Excellent Majeſty,
Mr. Speaker's
Speech at
the
T
HE great ſecurity of the Kingdom reſts in the happy concurrence paſſing of the
three Bills, for
of the King and People in the Unity of their hearts.
Abbreviation
Theſe joyned, Safety and Plenty attends the Scepter, but divided, of Michaelmas
Diſtraction and Confuſon, as Bryers and Thorns overſpread and make thé Term, for
Land barren.
preſſing Mar:
riners, and for
No Peace to the King,
ſidies, May 13
No Proſperity to the People.
16416
The Duties and Affections of Tour Subjects are moſt Tranſparent, moſt
Clear, in the chearful and moſt liberal Coniributions, given to knit faſt
this Union with the bond of Peace.
The Treaſures of the privy Purſe are but the ſupplies of Princes, war-
ranted by a common Intereſt : But the publick Tribute given by common
Aſent, ſupports Royal Dignity, is Sheltered under the Wings of Prera-
gative, and by that Power covered from the Eyes, from the Touch of
Deceiver's.
In theſe we render Cæſar what is due to Cæſar, and Tribute to whom
Tribute belongeth.
proper Inſcription of the Crown is' born. here, and Cenſures thoſe
Malignant Spirits that dare 'whiſper into the Ears of Sacred Majeſty,
that our ſelves only, not Tour Sacred Perfon, not Tour Royal Poſterity,
are the Supreme Objects of the Givers.
The preſervation of the publick. Union, the ſupply of Tour. Armies, the
diſtreſſes, miſerable diſtreſes of the Northern parts; the common Calami-
ties of the times begat the confideration of this Bill (the Remainder of
the ſix entire Subſidies happily preſented to Tour Sacred Majeſty by this
unworthy hand ) the firſt Vote advanced a credit to us to iſue them for
the uſe of Tour Sacred Majeſty.
The full perfection adds growth to that Credit, and enables us to re-
turn to Tour Sacred Majeſty, as to the Ocean, the Tribute due to Juſtice
and Soveraignty.
Theſe are the vaſt earneſts of our deſires, which take their riſe from
the due regard, from the ſafety of Tour Throne, of Tour Poſterity.
Toür Royal Aſſent Stamps Tour Image here, and makes this Tours
, and
Yours only; which I ( by the Commands of the Commons ) humbly beſeech
of Your Sacred Majeſty to give. .
After which the Clerk of the Crown reading the Titles ſeverally, the
Clerk of the Parliament pronounced the King's Aſſent: This being done,
his Majeſty delivered a Paper to the Houſe concerning the Draining of
the Fens, recommending it to their conſideration as a buſineſs much con-
cerning the good of the Kingdom.
The Act for reſtraining Biſhops, and others in Holy Orders, from in-
termedling with Secular Affairs read a ſecond time.
Vol. II.
A
I i 2
This
*
!
1
*
Mr. Smith a
Miniſter como
244 An Impartial Collection of all the memorable Events
May,
This day one Mr. John Smith, a Miniſter in Cuſtody of the Serjeant
1641. Attending the Houſe, was brought to the Bar, and Committed to the
Gate-houſe for words ſpoken againſt the Parliament. For though all
ſorts of people ſpake freely enough againſt the Actions of the Judges,
mitted to the Miniſters of State, Privy-Councellors, nay and of the King himſelf
, with-
Gatehouse. out the leaſt controll or danger of either puniſhment or animadverſion,
yet to ſpeak againſt any thing done or ſaid by the Commons was now
become the moſt dangerous offence, and which through the diligence
of the well affected Party, for ſo the Diſenters from the Church called
themſelves, who were moſt notable Informers, was certainly complain-
ed of to the Commons, and by them moſt ſeverely puniſhed, if not by
Priſons, yet by the great Charges of being kept long in the Cuſtody of
the Serjeant at Armes.
Friday, May
The Explanation of the Proteſtation formerly mentioned, was this
day Ordered to be Printed and Publiſhed : that ſo the Presbyterian Par-
ty might receive encouragement and aſſurance of their intention to pull
down the Government of the Church, by way of a Glorious and thorow
Reforination.
This day. Doctor Cozens and ſome others that are Delinquents in the
Dr. Cozens and
others at the Impeachment brought up from the Houſe of Commons, were called in,
who kneeled at the Bar,and then ſtood and heard the Impeachment read;
after it was read, Doctor Cozens made his humble requeſt in behalf of
himſelf and the reſt, that this Cauſe may be heard publickly before the
whole Houſe.
This day Two Clergy-men who had been informed againſt in the
Houſe of Lords; were Releaſed by the following Orders.
14.
Bar of the
Lords Houſe.
W
Relcared.
Sandeland and Hereas Andrew Sandeland Clerk, hath been long in Cuſtody for
Waferer two
words alledged to have been spoken
by him, for which this Houſe
Clergy Men
had juſt cauſe to have inflicted puniſhment upon him, if they had
been proved ; but after a long time no Profecution appearing againſt him,it
is Ordered, That the ſaid Andrew Sandeland be forthwith diſcharged and
ſet at liberty of and from his preſent Reſtraint or Impriſonment, and that
any Bond or other Security entered into by the ſaid Andrew Sandeland for
his attendance upon this Houſe, Jhall be forthwith Cancelled and deli-
vered up to him.
Ordered, That Michael Waferer Clerk, having been long in Cuſtody, be
forthwith diſcharged of his Reſtraint, and that his Bonds and other Secu-
rity given for his Attendance upon this Houſe be delivered up to him to be
Cancelled, and his Cauſe diſmiſſed this Houſe, becauſe no Proſecutors have
this long time appeared.
Faction found better Encouragement from the Commons Houſe
to proſecute honeſt men, by their falfe Informations at the Committee
for Scandalous Miniſters. And indeed the Lords Houſe was not at all
for their purpoſe yet, while the Biſhops and ſo many of the Loyal Nobi-
lity fate there, whoſe Honour and Juſtice would ſoon have diſcovered the
Malice of theſe Accuſations.
Lord St. Jobn
This day the Lord St. John's of Bletſoe was Introducted in his Robes,
of Bletſoe In between the Lord Hunſden and the Lord Grey of Wark, he delivered
troduced into his Writ upon his knee to the Speaker, which being delivered to the
Clerk it was read, then the Lord Chamberlain, and the Lord Moubray
in the place of the Earl Marſhal his Father, and the King at Arms going
before
The
1
Lords.
}
11
1 6 4.I.
2
from the Scotch Rebellion to the King's Murther.
.
245
before him, brought him and placed him next below the Lord Hunſden.. May,
After which he, and the Lord Chief Baron took the Proteſtation.
The Commons having received an Information againſt Mr. William
Saturday, May
Davenant the Poet, and Mr. Elias Walley concerning the Buſineſs of the
Army, they were by Order of tlie Houſe ſent for as Delinquents by the Mr. Davenant
Serjeant.
Alſo ſeveral Informations againſt Mr. Percy the Earl of Northumber- the Serjeant as
land's Brother, which were taken at Chicheſter, there read, upon which Delinquents.
Fohn Lamb, and Robert Merryweather were fente of from Chicheſter to againſt Mr.
be Examined upon it, and a Conference with the Lords was deſired Percy.
IS.
1
and Mr. Wala
ley ſent for by
upon it.
bour Percy,
!
The Earl of Bath reports the Conference, That the Houſe of Commons Conference a.
have received certain Information, that on Wedneſday Night laſt paſt was
Merryweather,
Sevennight, Mr. Percy came to Petworth and ſent for one Robert Mer- and Lamb.
ryweather and borrowed of him a Horſe to ride on the next Morning
early, which he did, and the Friday after returned to Petworth, and
cauſed the ſaid Merryweather to ride with him to Shoram to get a Boat
to carry him over into France, telling him that he had dangerouſly hurt a
Man. Mr. Percy returning again to Petworth on Monday Morning laſt,
fent again for the ſaid Merryweather into a Wood and deſired him to lend
him a Horſe, and wiſhed him to go with him to Mr. Lamb to Pagham, to
get him a Boat to carry him into France, and that on Thurſday laſt in the
Evening there were Three Gentlemen about Pagham which were ſuspected
to be some of the perſons mentioned in the Proclamation ; divers Men were
called to Aid for the attaching of their Bodies, two of them were appre-
hended, viz. Merryweather and Lamb, but the third ſet Spurs to his
Horſe and eſcaped, his Horſe being wounded with a Prong. This Gentle-
man that eſcaped is confeſt to be Mr. Percy, who had hired a Boat of Thou
mas Waterman of Selſey, to paſs over into France for which he was to
give 401.
The deſire of the Commons was that their Lordſlips would think of
fome Courſe for the Apprehending of Mr. Percy, either by ſtopping of
the Ports, or by ſending forth their Warrants.
After ſome conſideration herein their Lordſhips were of Opinion that the ſhutting
the Ports, OCH
the ſhutting of the Ports would prove very inconvenient for Trade, and
that the Proclamation lately ſet forth by his Majeſty for his Apprehenſi- Tumult of the
on was of validity enough, and needed no other Affiſtance.
Alderman Pennigton acquaints the Houſe that Money comes in as fait
Ordered, That Robert Harwood and Thomas Drinkwater ſhall be Spa- Order about
red at the Requeſt of the Lord Great Chamberlain, from ſtanding on the brinkenpater
Pillory, but ſhall be brought to this Houſe upon their Knees at the Barr, 10.okcule
and make their humble Submiſſion for their Miſdemeanors.
Ordered, That this Houſe have a Conference with the Houſe of Com-
mons to morrow morning, concerning the Concourſe and Tumults of
People reſorting hither out of London and other places.
Complaints now came in every day againſt the Loyal and Orthodox Monday, May
Clegy, inſomuch that the Committee for Religion was divided into many
Sub-Committees, Mr. Whites Committee, Mr. Corbets Committee,
Sir Ró-
bert Harloivs Committee, and Sir Edward Deerings Committee, and Mr.
Corbet who made the Report againſt Emanuel Uty Dr. in Divinity,Rector
of
caſioned the
Seamen be-
fore,
as it can be told.
the Pillary
Tamulcs:
17.
.
1
!
Votes con
uty, Rector of
.
+
246 An Impartial Colle&tion of all the memorable Events
May,
of Chigwell in the County of Eſſex, boaſted that he had Nine Hundred
I 641.
Petitions againſt Scandalous Miniſters. Upon his report of the Com-
plaints made againſt Dr. Vty, it was
Reſolved &c. That Dr. Emanuel Uty is a man of very ſcandalous and
corpiog Dr. vitious life, corrupt in his Doctrine, fuperftitious in his practice; an In-
Chigwell.
cendiary, Guilty of words Spoken againſt the Kings Supremacy, of words
tending to Blaſphemy, of words very ſcandalous againſt the Parliament.
Reſolved &c. That Uty is unworthy to have and enjoy any Ecclefia-
ſtical Benefice or Spiratăl Promotion, or to have the Cure of Souls.
If the reſt of their Accufation were no more true, or better proved
then the firſt, of Dr. Vty's being a Man of very Scandalous and Vitious
life, it may very well be ſuppoſed that Dr. Vty was very innocent. For
White the Chairman of one of theſe Committees who Printed the Cen-
turies of Scandalous Malignant. Prieſts, as he called the Loyal Epiſcopal
Clergy, makes not the leaſt Mention of any thing Scandalous or Vitious
in his Life; and no perſon who reads that infamous Libel, can poſſibly
believe that White would ſpare him in particulars fo material to his Dé-
ſign. But this unpardonable Offence, was, as he is there Charged, for
arhite's Firſt affirming, not that all, but, That Parliament-men are Mechanicks and
Century of
illiterate, and have nothing to do to intermeddle in matters of Religion.
Malignant
Prietts, Num.
The Houſe of Commons then Entred into debate about the Propo.-
ſitions concerning Religion delivered in by the Scottiſh Commiſſioners.
And it was
Reſolved, That this Houſe doth approve of the Affection of their Bre:
ing the Scots
thren of Scotland in their Deſires of a Conformity in Church Government
formity of between the Two Nations, and doth give them Thanks for it; and as they
Religion in
have already taken into conſideration the Reformation of Church Govern-
ment, so they will proceed therein in due time as ſhall beſt conduce to the
Glory of God, and the Peace of the Church.
S.
Vote concern
deſire of Uni-
both Natioas.
5
1
1
1
!
There is nothing that does more clearly Evidence the great Confort
that was between the Engliſh Puritans and Scottiſh Presbyterians to de-
ſtroy the preſent Church Government, than this Vote, which accord-
ing to the uſual Hypocriſie of thoſe Men and Times, was ſtill prefaced
with a deſign of Gods Glory and the Peace of the Church.
This day a poor Printer was committed to the Gate-Houſe for Print-
ing an Elegy upon the Earl of Strafford.
Mr. DAVIHANE Mr. Davenant who was taken at Feverſham in Kent, was brought
Committed to
to the Barr“ of the Commons Houſe, and committed to the Cuſtody of
the Scrjeant.
the Şerjeant, who was commanded that none ſhould be permitted to
ſpeak with him but in the preſence of the Serjeant or one of his men.
Lord Say made This day alſo the Lord Cottington reſigned his Place, and the Lord
Maſter of the say had the Seal given him, and was ſworn Maſter of the Court of
Wards. Thus did his Majeſty endeavour by repeated Acts of Grace and
Favour not only publique but private, to oblige a ſort of Men, who, as
He himſelf complained but tco juſtly afterwards, turned them all into
Wantonneſs. Manifeſting to all future Ages; how impoſſible it is to ob-
lige ingrateful Tempers, or to ſubdue a Rigid Presbyterian by the foft
Methods of Favours and Compliances.
Ordered, That if the People do aſemble here in any Tumultuous man-
ner, this Houſe will take Care to ſuppreſs them, or Adjourn the Houſe
till it be done.
A
Wards.
Order of the
Lords about
Tumults.
;
+
UL
Hurt M
W! MIHI
4
K
Hull, 41
/
May,
H
Tumults a-
bout the
Queen-Mo.
ther.
1
i
1
!!
1,1
1
។
from the Scotch Rebellion to the King's Murther. 247
A Conference appointed with the Lords concerning the Queen Mo-
ther, the Lords to be deſired to intreat his Majeſty, That the Queen Mo. 1641.
ther would be pleaſed to depart the Kingdom, in regard they fear they
ſhall not be able to protect her from the Violence of the People, and for
Tueſday,
the Tumults this Houſe upill joyn with the Lord's, and ſend to the Lord
May 18.
Mayor and Magiſtrates to take Care to ſuppreſs them for the future.
Thus was this Glorious Reformation of the Church begotten, born,
and nurſed with Tumults and Diſorders, from the danger of which it
ſeems not the Law of Nations, nor the Sacred Character of Majeſty could
afford any Security or Protection.
A Meſſage from the Houſe of Commons, deſiring to receive an An-
ſwer to a former Meſſage concerning the Lord Lieutenancy of Torkſhire
to be conferred upon the Earl of Elex; upon which the Lords made ap-
plication to his Majeſty, who the next day being the Twentieth, ſent
this Meſſage to the Houſe to let them know, That he had conferred the
Lieutenancy of Yorkſhire upon the Earl of Eſſex, and the cauſe why His made fora
Majesty did not give an Anſiver before now was, Becauſe a Grant was made Lieutenant of
under the Great Seal of the ſame to the Lord Savile, who is become a Sui- Torksbire.
tor to his Majeſty to give him leave to ſurrender up his Patent to his
Majeſty (ſeeing it is at the Inſtance of both Houſes) who hath accepted
of that Surrender.
For this the Houſe appointed the fame Lords who carried
the Meſſage
to return to his Majeſty humble Thanks, and thought it fit that Inti-
mation be given tº the Houſe of Commons of this Anſwer of his Ma-
jeſty.
But amidſt all the Variety of Chaces which were rouſed for the Peo- Wedneſday ,
ple to run at, the ſcent of Fears and Jealouſjes of Plots and Dangers was May, 19.
to be kept Warm, and for this purpoſe this Day all Forreign Letters Forreign Let-
:
were by Order of the Houſe to be stayed and opened; but how little pened.
they dreaded a Forreign Invaſion, had men then conſidered,might Eaſily
have been diſcovered for this yery, day the Houſe fell upon the Confi-
deration of Disbanding the Armies; which had they really feared the
Landing of the French in Guernſey, Jerſey, or at Portſmouth, they would Disbanding
rather have raiſed more men for the defence of thoſe Places, and to pre-
vent thoſe Dangers.
Hitherto they had proceeded upon the fair pretence of Reformation Thurſday,
only; and though it be very Evident both by their Proteſtation as Ex- May żó.
plained, and by ſeveral other Paſſages, that they did not only deſign to
deveſt the Biſhops of their Votes and Peerage, and the Clergy of all
manner of Secular Power, but utterly to Exterminate that Government
out of this Church and Kingdom, yet with their Uſual Way they had
wiſely.diſſembled their Intentions, but now having as they conceived,
by the Tumults which they found they were able to raiſe at their plea-
ſure, gotten a ſtrength able to ſtand by them and maintain them in all
their Proceedings, they openly declared what their Intention was. For Sir Edward
upon this day, as I have it from Sir Edward Deering's own Papers
, be peerings Col.
ing the Collection of his Speeches which himſelf publiſhed for his speeches,
Vindication that he was no Root and Branch man, The Bili'for Abolition Page 26.
of the preſent Epiſcopacy was preſſed into his hand by Sir Arthur Haſle- Mr, Franklias
rig, (being brought unto him by Sir Henry Vane and Oliver Cromwell about Oliver
Burgeſs for the Town of Cambridge,and not the Univerſity, as Mr.Frank-ing
Burgers
lin in his Annals has by miſtake printed him.
H
1+
1
1
H:
.:
1
1
5
.
1
i
1
1
1
for the Uni-
verſity of Cam.
bride re&tified,
Sir
Tatu
.
4
-
248 An Impartial Collection of all the memorable Events
May,
Sir Arthur told him, he was reſolved that it ſhould go in, but was
1641. Earneſtly Urgent that Sir Edward, then a Popular man, a Speech-maker
and Favourite of the Faction, ſhould preſent it; and it ſeems Sir Edward
was willing to be made a Cats foot to this worthy Triumvirate; for, as
he tells us, without any due conſideration or deliberation upon ſo weigh-
ty a matter, the Bill did hardly ſtay in his hand ſo long as to make a
hafty peruſál ; for whileſt he was overviewing it, Sir Edward Aiſcough
delivered in a Petition out of Lincolnſhire, which was ſeconded by Mr.
Strode, in ſuch a ſort, that having a fair invitement to iſſue forth the
Bill then in his hand, he immediately ſtood up and made this Exa
tempore Speech at the delivery of the Bill.
The Bill for
the utter abo.
liſhing Epir.
copacy, &c.
brought in,
and Sir Edw.
Deering's
Specch upon
it.
Mr. Speaker,
TO
HE Gentleman that ſpake laſt taking notice of the multitude of
Complaints and Complainants againſt the preſent Government of the
Church, doth ſomewhat ſeem to wonder that we have no more purſuit
ready againſt the perſons Offending. Sir, the Time is preſent, and the
Work is ready perhaps beyond his Expectation.
Sir, I am now the inſtrument to preſent into you a very ſhort, but a
very farp Bill; ſuch as theſe Times and their fad Neceſſities have
brought forth. It ſpeaks a free Language, and makes a bold Requeſt. It
is a Purging Bill.
I give it Tou' as I take Phyſick, not for Delight, but for a Cure. A
Cure now, the laſt and only Cure, if as I hope all other Remedies have
been firſt tryed, then---Immedicabile vulnus, &c. but cuncta prius ten-
tanda--- I never was for Ruin, so long as I could hold any hope of Re-
forming. My hopes that way are even almoſt withered.
This Bill is intituled, An Act for the Utter aboliſhing and taking
away of all Archbiſhops, Biflops, their Chancellors, and Commiſſaries,
Deans, Deans and Chapters, Arch-Deacons, Prebendaries, Chanters, and
Canons, and all other their Under-Officers.
Sir, Tou ſee their demerits have Expoſed them Publici odii piaculares
victimas. I am ſorry they are ſo ill, I am ſorry they will not be content
to be bettered, which I did hope would have been Effected by our laſt
Bill.
When this Bill is perfected, I ſhall give a ſad Ay unto it. And at
the delivery in thereof, I do now profeļš before-hand, That if my former
hopes of a full Reformation may yet revive and proſper, I will again di-
vide my Sence upon this Bill, and yield my Shoulders to underprop the
Primitive, Lawful and Juſt Epiſcopacy: Yet ſo as that I will never be
wanting with my utmoſt Pains and Prayers to Root out all the undue
adjuncts and ſuperſtructures on it. I beſeech you read the Bill, and weigh
well the Work,
he
+
How little this unhappy Gentleman had conſidered of this Weighty
Affair, and upon what ſlender convictions either of his own Conſcience,
or the real guilt of the Hierarchy, he Employed his Parts and Elo-
quence to perſuade the Abolition of Epiſcopal Government, we have
reaſon to believe not only from his own confeſſion here, that he had
ſcarcely haſtily peruſed the Bill before he thus recommended it to the
Houſe, but from the fad Cataſtrophe of his Life.
For not long after, this very Gentleman who formerly with ſo much
applauſe
K:
+
M
។
1
4
1
1
from the Scotch Rebellion to the King's Murtker. 249
applauſe made that Motion in the Houſe of Commons, That every one
Máy,
of the Canon-makers ſhould withi his own hànds fire his Canons at the
1 641.
Barr of the Houſe, notwithſtanding thoſe Canons were ſtamped with the
Royal Authority veſted in the King by the Oath of Supremacy, Yêt
falling into the disfavour of the Faction for ſome after-Speeches, and in-
deavouring his own Vindication, he ſo inraged the Party, that his Book
of Speeches was ordered to be burnt by the hand of the Common Hang-
man; and being Expelled the Houſe, he was forced, to avoid diſcovery
and the fury of thoſe Zealots whoſe Cauſe he fò induſtriouſly aſſerted,
to flie in the diſguiſe and habit of a Prieſt
, and to read Prayers in a
Church. And not only ſo, but became an Earneſt Suitor to his Majeſty
for a Deanery, viz. that of Canterbury, notwithſtanding his bringing
in this Bill againſt Deans and Chapters, and his bitter Invectives upon
no other groump but report, as he then confeſſed. But being by the
King juſtly denied this Preferment, he again turned Apoftate to his
Royal Maſter to whom he had fled for Sanctuary, indeavoured by mean
ſubmiſſions to reconcile himſelf to thoſe whoin he had called Rebels and
Traytors; but being by them rejected alſo, he not long after Ended his
Unfortunate Life in grief and contempt.
Neither was this rough procedure, from the Abuſes of the Function
had they been real, as moſt certainly they were falſe, to go about ut-
terly to Aboliſli the Office, ſo well reliſhed, but that divers of thoſe who
had hitherto failed by the Compaſs of the Faction, began now to make a
tack, and ſtand off from thoſe dangerous
Rocks upon which they ſaw if
they purſued that Courſe, not only the Church, but even all Religion,
and their own Conſciences muſt inevitably ſuffer ſhipwrack; as appears
by a Speech of Sir Benjamin Rudyards, which I find in the Book of Book of Spee
Speeches, and ſeveral others when the matter came to be debated at a ches, pag.103.
Committee of the whole Houſe.
Sir Benjamin Rudyard's Speech was, as there I find it Printed, as fol-
loweth.
1
}
1
prevented.
Mr. Speaker,
Do verily believe, that there are many of the Clergy in our Church, who do think
Sir Benjamin
the ſimplicity of the Goſpel, too mean & Vocation for them to ſerve in : They must
Rudyard's
have a Specious, Pompousy Sumpt 10:45 Religion, with additionals of Temporal Greatneſs, Specch about
Authority, Negotiation : Notwithſtanding, they all know better than l, iphát Fathers, Epiſcopacy.
Schoolmen, Councels are against their mixing themſelves in Secilar Affairs.
This Roman Ambition, will at length, bring in the Roman Religion, and at laſt a
haughty Infolence even againſt fupream Power Self, if it be not
Timely and wiſely
They have amongſt them, an Apothegm of their own making, which is, No Miter,
No Scepter, when we know by dear experience, that if the Miter be once in danger,
they care not to throw the Scepter after, to confound i be whole Kingdóm for their
Intereft.
And Hiſtories will tell us, that whenfoever the Clergy ment High, Monarchy ftill
went Lower : If they could not make the Monarch the Head of their own Faltion, they
would be ſure to make him leſs: witneſs one Example for all, The Popes: working the
Emperor ont of Italy.
Some of ours, as ſoon as they are Biſhops adepto fine, ceſſat Motus, They will
Preach no longer, their Office then is to Govern. But in my opinion they Govern worſe
than they, Preach, though they Preach not at all; for we fee to what Paſs their Govern-
ment hath brought 145.
In conformity to themſelves, They ſilence others alſo, though Hierom in one of his
Vol. II.
. K k
Epiſtles
1
1
!
A
.
។
250 An Impartial Collection of all the memorable Events
May,
Epiſtles frith, that even a Biſhop, let him be of never fo blameleſs « Life, yet be
doth more hurt by bis Licence, then he can do good by his Example
.
I 641.
Mr. Speaker, It nom behöves us, to reſtrain the Bifhoops to the Duties of their
Frın£tion, as they may never more kanker after heterogeneous extravagant Employ-
ments : Not be ſó abſolute, so ſingle and ſolitary in Actions of Moment, as Excommu-
nication, Abfolution, Ordination, and the like: but to joyn. Some of the Miniſtry with
them, and fúrther to regulate them according to the uſage of Ancient Churches, in
the best Times, that by a well-temper’d Government, they may not have Power here-
after, to corrupt the Church, to undo the Kingdom.
When they are thus circumſcribed, and the Priblick ſecur'd from tbeir
. Eruptions,
then ſhall not I grudge them a liberal, plentiful Subſiſtence : elſe I am ſure they canne-
ver be given to Hoſpitality.
Although the calling of the Clergy be all glorious within, yet if they have not a
Large, Conſiderable , outward Support, they cannot be freed from Vulgar con-
tempt.
It will alwaies be fit, that the flouriſhing of the Church ſhould bold proportion with
the flouriſhing of the Common-wealth, wherein it is. If we dwell in Houſes of Cedar,
why ſhould they dwell in Skins? And I hope, I ſhall never ſee a good Biſhop left worſe
than a Parſon without a Gleab.
Certainly, Sir, this ſuperintendency of Eminent Men, Biſhops over divers Chura
ches, is the moſt Primitive, the moſt ſpreading, the most lajting Government of the
Church. Wherefore whileft we are earneſt to take away Innovations, Let us beware
we bring not in the greateſt Inrovation, that ever was in England.
I do very well knowo, what very many do very fervently deſire. But let us well
bethink our ſelves, whether a popular Democratical Government of the Church (though
fit for other places.) will be.either futable or acceptable to a Regal, Morarchical Ga
vernment of the State.
Every Man car ſay, (It is fa common and known a Truth) that ſuddain and
great
Changes both in Natural and Politick Bodies, have dangerous Operations : and give
me leave to ſay, that we cannot preſently ſee to the end of ſuch a conſequence, eſpecially
in ſo great a Kingdome as this, and where Epiſcopacy is ſo wrap'd and involvd in the
Laws of it.
Wherefore Mr. Speaker, my humble Motion is, that we may puniſh the preſent of-
fenders, reduce and preſerve the Calling for better Men hereafter. Let us renember
with freſh thankfulneſs to God, thoſe glorious Martyr-Biſhops, who were burn'd for our
Religion in the Times of Popery, who by their Learning, Zeal, and Conſtancy, upheld
and convey'd it down to us.
We have ſome good Rifhops Still
, who do Treach every, Lords-Day, and are there-
fore worthy of double Honour; they have ſuffered enough already in the Diſeaſe : 1
Shall be ſorry we should make them ſuffer more in the Remedy.
Mr. Bagſhaw reports the Caſe of Mr. George Walker a Factious Mini-
Fađious Mie: ſter, upon which it was
Reported. Reſolved,&c. That Mr. George Walker's Commitment from the Council
Board for Preaching a Sermon Q. 14. 1638. at St. John the Evange-
lifts London, and his detainment for the ſame 12 Weeks in Pecher the
Meſſenger's hands, is againſt Law and the Liberty of the Subject.
Reſolved,&c. That the proſecution of the ſaid Walker in the Star-
Chamber for preaching the ſaid Sermon, and his Cloſe Impriſonment
thereupon for 10 Weeks in the Gatehouſe, and the payment of 20 1. Fees
to the ſaid Pecher, is againſt Law and the Liberty of the Subject.
Reſolved,&c. That the 5; paſſages marked out in the Sermon by Mr.
Attorney and Sir John Banks, contained no Crime, nor deſerved any Cen-
ſure; nor be any puniſhment for them.
Reſolved, &c. That the Enforcing the ſaid Walker to enter into the
Bond of 1000 l. for Confinement to his Brother's houſe at Cheſwick, and
his Impriſonment there is againſt Law.
Reſolved,
Waller the
niftcrs Caſc
1
1
+
1
1
"
May,
I 641.
L
1
:
colns-Inn.
from the Scotch Rebellion to the King's Murther.
251
Reſolved, &c. That the Sequeſtration of the Parſonage of the ſaid Wal-
ker by Sir John Lamb was done without any Warrant, and againſt the
Law of the Land.
Reſolved, That Mr. Walker ought to be reſtored to his Parſonågë, and
the whole profits thereof from the time of the ſaid Sequeſtration, and to
have reparation for all ſuch dammages as he haths Suſtaind by theſe ſeveral
Impriſonments, and his caſe to be tranſmitted to the Lords.
Ordered, That the Bench of Lincolns Inn reſtore Mr. Pryn to his for- Order for Mr.
mer Condition in that Society, according to his Antiquity, and to his Cham- flored to Liga
ber there.
Thus diligent was the Faction, not only to puniſh their Enemies, but
relieve their Friends; though afterwards Mr. Pryn, as well as Fohn Lil-
burn, another of their Favourites proved notable ſticklers againſt them,
as hereafter in theſe Collections will appear.
But though things ran thus down the ſtream, and that in the Com-
mons Houſe there was no ſtopping the impetuous Torrent, yet in the
Houſe of Lords it was far otherwiſe; for till they had 'got the Biſhops
out of the Houſe, and into the Tower, and by Tumults and Affronts
affrighted many of the Loyal Nobility from their Seats, they were not
able to accompliſh their work.
The Bill for diſabling the Biſhops to Sit and Vote in the Houſe of
Lords in Parliament, came too cloſe to the Rights of the Temporal
Lords, to be eaſily by them digeſted ; for many of them plainly faw
that the Biſhops Sate and Voted there by the fame Right, Law, Cu-
ſtoin and Uſage that they themſelves did; and that ſhould they con-
ſent to the taking away the Peerage of the Lords Spiritual, they muſt
Sit there precariouſly themſelves.
Upon the Debate of this Bill the Lord Grandifon, Lord Viſcount
Friday,
Newark made theſe two following Excellent Speeches.
I-
1
May 21.
I
+
My Lords,
Shall take the boldneſs to ſpeak a Word or two upon this Subject, Firſt, as
it is in it ſelf, then as it is in the Conſequence: For the former, I think he Two Speeches
is a great ſtranger in Antiquity, that is not well acquainted with that of their of the L. Gran-
ſitting here, they have done thus, and in this manner, almoſt ſince the Con-
difon Viſcount
queſt, and by the ſame Power, and the ſame Right the other Peers did, and your cerning the
Neware, con-
Lordſhips now dozand to be put from this their due, ſo much their due, by ſo ma- Peerage of the
ny hundred Years ſtrengthened and confirmed, and that without any Offence, Biſhops, May
nay Pretence of any, ſeems to me to be very ſevere ; if it be jus, I dare | 21 1641.
boldly ſay it is ſummum. That this hinders their Écclefiaftical Vocation, an Ar-
gument I hear much of, hath in my apprehenſion more of ſhadow, then
ſubſtance in it: if this be a reaſon, ſure I am it might have been one ſix hundred
A Biſhop, My Lordsy is not ſo circumſcribed within the circumference of his
Dioceſs, that his ſometimes abſence can be termed, not in the moſt ſtrict Senſe
a neglect or hinderance of his duty, no more than that of a Lieutenant from his
County, they both have their ſubordinate Miniſters, upon which their infla-
ences fall, though the diſtance be remote.
Beſides, My Lords, the leſſer muſt yield to the greater Good, to make whole-
ſome and good
Laws, for the happy and well regulating of the Church and Com-
mon-wealth, is certainly
more advantagious to both, then the want of the per-
ſonal execution of their Office, and that but once
in three Years, and then per-
adventure but a month or two, can be prejudicial to either. I will go no fur-
ther to this, which experience hath done
fo fully, lo demonftratively.
Vol. II.
And
Years ago.
1
:
Kk 2
252 An Impartial Colle&tion of all the memorable Events
May,
I 6.4I.
And now, My Lords, by your Lordſhips good leave, I ſhall ſpeak to the Con-
ſequence, as it reflects both on your Lordſhips, and my Lords the Biſhops. Dan-
gers and inconveniencies are ever beſt prevented è longinquo; this Preſident comes
neer to your Lordſhips, and ſuch a one, mutato nomine de vobis
. Pretences are
never wanting, nay, ſometimes the greateſt Evils appear in the moſt fair and
ſpecious out-lides, witneſs the Ship-mony, the moſt abominable, the moſt ille-
gal thing that ever was, and yet this was painted over, with colour of the
Law;
what Bench is fecure, if to alledge, be to convince, and which of your Lord
ſhips can ſay then he ſhall continue a Member of this Houſe, when at one
Blow, twenty ſix are cut off ? It then behoves the Neighbour to look about
him,cum proximus ardet Ucalegon.
And for the Biſhops, My Lords, in wliat condition will you leave them ? The
Houſe of Commons repreſents the meaneſt Perſon, ſo did the Maſter his Slave,
but they have none to do ſo much for them, and what Juſtice can cie them to
the obſervation of thoſe Laws, to whoſe conſtitution they give no Conſent ?
the Wiſdome of former Times, gave Proxics unto this Houſe meerly upon this
Ground, that every one might have a Hand in the making of that, which he had
an Obligation to obey : This Houſe could not repreſent, therefore Proxies in
Room of Perſons were moſt juſtly allowed.
And now, My Lords, before I conclude, I beſeech your Lordſhips, to caſt your
Eyes upon the Church, which I know is moſt dear and tender to your Lord-
ſhips, you will ſee Her ſuffer in Her principal Members, and deprived of that
Honor, which here, and throughout all the Chriſtian World, ever ſince Chri-
ftianity, She conſtantly hath enjoyed ; for what Nation or Kingdome is there,
in whoſe great and publick Aſſemblies, and that from Her beginning, She had
not ſome of Hers, if I may not ſay as Eſential, I am ſure I may fay, as Integral
Parts thereof? and truly my Lords, Chriſtianity cannot alone boaſt of this, or
challenge it only as Hers, even Heatheniſme claims an equal ſhare.
I never read of any of them, Civil, or Barbarous, that gave not thus much
to their Religion, ſo that it ſeems to me to have no other Original, co flow from
no other Spring than Nature it felf.
But I have done, and will trouble your Lordſhips no longer, how it may
ſtand with Honor and Juſtice of this Houſe to pals this Bill, I moſt humbly
ſubmit unto your Lordſhips, the moſt proper and only Judges of them
both.
1
+
The ſecond Speech about the lawfulneſs
and conveniency of their intermed-
ling in Temporal Affairs.
+
My Lords,
Shall not ſpeak to the Preamble of the Bill, that Biſhops, and Clergy Men
ought not to intermedle in Temporal Affairs. For, truly my Lords, I can-
not bring it under any reſpect to be ſpoken of. Ought, is a Word of Rela-
tion, and muſt either refer to Humane or Divine Law: to prove the lawfulneſs
of their intermedling by the former, .would be to no more purpoſe, than to la-
bour to convince that by Reaſon, which is evident to Senſe. It is by all acknow-
ledged. The unlawfulneſs by the latter, the Bill by no means admits of,' for it
excepts
Univerſities, and ſuch Perſons as ſhall have Honor deſcend upon them.
And your Lordſhips know, that circumſtance and chance alter not the Nature
and Elence of a thing, nor can except any particular from an univerſal Propo-
ſition by God himſelf delivered. I will therefore take theſe two as granted,
firſt that they ought by our Law to intermedle in Temporal Affairs, fecondly,
that from doing ſo they are not inhibited by the Law of God, it leaves it at
leaſt as a thing indifferent. And now my Lords, to apply my felf to the buſi-
neſs of the Day, I ſhall conſider the conveniency, and that in the ſeveral
Habitudes thereof, but very briefly; firſt, in that which it hath to them meer-
ly
TH
il
UH
11
1
from the Scotch Rebellion to the King's Murther.
May,
1 641.
Welkom
11!
IL
I.
HP
+
2.
1
1
3.
!
253
ly as Men, qua tales; then as parts of the Common-welth: Thirdly, from the
beſt manner of conſtituting Laws, and laſtly, from the practice of all times both
Chriſtian and Heathen.
u
Homo ſum nihil humanum á me alicnim puto, was indeed the ſaying of the Co-
median, but it might well have becom’d the Mouth of the greateſt Philoſopher.
We allow to ſenſe all the works and Operations of Senſe, and ſhall we reitrain
Reaſon? Muſt onely Man bé hindred from his proper Actions ? They are moſt
fit to do reaſonable things that are moſt reaſonable. For, Science commonly is
accompanied with Conſcience ; So is not ignorance : they ſeldome or qever
meet. And why ſhould we take that capacity from them, which God and Nature
have ſo liberally beſtowed?
My Lords, the Politick body of the Common-wealth is analogical to the Bo-
dy natural every Member in that contributes ſomething to the conſtitucion of
the whole, the ſuperfluity or defect
which hinders the performance of that du-
ty, your Lordſhips know what the Philoſopher calls ciuepriay ths puceas, Natures
ſin. And truely my Lords, to be part of the other Body, and do nothing be-
neficial thereunto, cannot fall under a milder Term. The Common-wealth
ſubſiſts by Laws and their Execution: and they that have neither Head in the
making, nor Hand in the executing of them, confer not any thing to the being
or well-being thereof. And can ſuch be called Members, unleſs moſt unprofita-
ble Ones ? only fruges conſumere nati.
Me thinks it ſprings froin Nature it ſelf, or the very depths of Juſtice, that
none ſhould be tied by other Laws than himſelf makes, for what more Natural
or Juſt, than to be bound only by his own Conſent: To be ruled by anothers
Will, is meerly Tyrannical. Nature there ſuffers Violence, and Man degene-
rates into Beaſt. The moſt flouriſhing Eſtates were ever governed by Laws of
an univerſal Conſtitution; witneſs this our Khgdom, witneſs Senatus Populusq;
Romanus, the moſt glorious Commonwealth that ever was, and thoſe many others
in Greece, and elſewhere, of eternal Memory,
Some things, My Lords, are ſo evident in themſelyes, that they are difficult
4
in their Proofs. Amongſt them I reckon this inconveniency I have ſpoken of:
I will therefore uſe but a Word or two more in this way. The long experi-
ence that all Chriſtendom hath had hereof for theſe 1300 Years, is certainly,
argumentum ad hominem. Nay, My Lords, I will go further (for the ſame Ream
ſon runs thorow all Religions) never was there any Nation that employed not
their religious Men in the greateſt Affairs. But to come to the Buſineſs, that
lies now before your Lordihips, Biſhops have voted here, ever ſince Parliaments
began,and long before were imployed in the Publick. The good they have done,
your Lordſhips all well know, and at this day enjoy : for this I hope ye will
not put them out, nor for the evil they may do, which yet your Lordfhips do
not know, and I am confident never ſhall ſuffer. A poſition ought not to be
deſtroyed by a ſuppoſition, Cà pofle ad effe non valet conſequentia. My Lords, 1
have done with proving of this poſitively, I ſhall now by your good Fa-
vors do it negatively, in anſwering foine Inconveniencies that may ſeem to
ariſe.
For the Text, No Man that Wars, intagles himſelf with the Affairs of this
Life, which is the
full Senſe of the Word, both in Greek and Latine, it makes Obje£t. I,
not at all againſt them, except to intermedle and intangle, be Terms equiva-
lent. Beſides, My Lords, though this was directed to a Church-man, yet it is
of a general Nature, and reaches to all, Clergy and Laity, as the moſt learned
and beat expoſitors unanimouſly do agree. To end this Argumentum ſymbolicum non
eft argumentativum.
It may be ſaid that it is inconſiſtent with a Spiritual Vocation; truely, My Object. 2.
Lords, Grace and Nature are in ſome reſpects incompoſlible, but in ſome others
moſt harmoniouſly agree, it perfects Nature, and raiſes it to a heigth above the
common Alcitude, and makes it moſt fit for thoſe great Works of God himſelf,
to make Laws, to do Juſtice. There is then no inconſiſtency between them-
ſelves, it muſt ariſe out of Scripture, I am confident it doch not formally
out of any. Place there, nor did I ever meet
with any learned
Writer of theſe or
other times, tliat ſo expounded any Texc.
But
t
1
,"
I
1
254 An Impartial Collection of all the memorable Events
May,
But though in ſtrict Terms this be not inconſiſtent, yet it may perad-
1 641.
venture hinder the duty of their other calling. My Lords, there is not any
that fits here, more for preaching than I am. I know it is the ordinary means
to Salvation, yet, I likewiſe know, there is not that full neceſſity of it, as was
Object. 3.
in the Primitive Times. God defend that 1600 Years acquaintance ſhould
make the Goſpel of Chriſt no better known unto us. Neither, My Lords, doth
their office meerly and wholly conſiſt in Preaching, but partly in that, partly
in Praying, and adminiſtring the Bleſſed Sacraments, in a Godly and exemplary
LifeFin wholſome Admonitions, in Exhortations to Vertue, dehortations from
Vice, and partly in eaſing the burdened Conſcience. Theſe, My Lords, com-
pleat the Office of a Churchman. Nor are they altogether tied to time or
place, though I confeſs they are moſt properly exerciſed within their own
Verge, except upon good Occaſion, nor then the Omiſſion of ſome can be
termed the breach of them all. I muſt add one more, an eſſential one, the
very Form of Epiſcopacy, that diſtinguiſheth it from the Inferiour Miniſtry,
the orderly and good Government of the Church, and how many of theſe, i
am ſure, not the laſt, My Lords, is interrupted by their ſitting here, once in 3
Years, and then peradventure but a very ſhort Time: and can there be a greater
Occaſion than the common good of the Church and State? I will tell your Lord-
ſhips what the great and good Emperor Conſtantine did, in his expedition againſt
the Perſians, he had his Biſhops with him, whom he conſulted with about his
Military Affairs, as Enfebius has it in his life, Lib.4. c. 56.
Obječt. 4.
Reward and Puniſhment are the great Negotiators in all Worldly Buſineſſes ;
theſe
may be ſaid to make the Biſhops ſwim againſt the Stream of their Conſci-
ences, and may not
the ſame be ſaid of the Laity? Have theſe no Operations,
but only upon them? Has the King neither Frown, Honor, por Offices, but on-
ly for Biſhops ? Is there nothing that anſwers their Tranſlations ? Indeed, My
Lords, I muſt needs ſay that in Charity, it is a ſuppoſition not to be ſuppoſed; no,
nor in Reaſon, that they will go againſt the Light of their underſtanding. The
holineſs of their Calling, their knowledge, their Freedoms from Paſſions and
Affections to which Youth is very obnoxious, their vicinity to the Gates of
Death, which, though not ſhut to any, yet always ſtand wide open to old Age:
theſe, My Lords, will ſurely make them Steer aright.
But, of matter of fact, there is no difputation, ſome of them have done ill,
Crimine ab uno difce omnes, is a Poetical, not a Logical Argument. Some of the
Judges have done fo, ſome of the Magiſtrates and Officers; and ſhall there be
therefore neither Judge, Magiſtrate nor Officer more? A perſonal Crime goes
not beyond the Perſon that commits it, nor can anothers Fault be mine Offence.
If they have
contracted any Filth or Corruption through their own, or the
Vice of the Times, cleanſe and purge them thorowly. But ſtill remember the
great difference between Reformation and Extirpation. And be pleaſed to
think of your Triennial Bill, which will ſave you this labour for the time to
come; fear of puniſhment will keep them in order, if they ſhould not themſelves
through the love of Vertue. I have now, My Lords, according to my, poor
Ability, both ſhewed the Conveniences, and anſwered thoſe Inconveniencies
that ſeem to make againſt them. I ſhould now propoſe thoſe that make for them.
As their falling into a Condition worſe thenSlaves , not repreſented by any;
and then the dangers and inconveniences that may happen to your Lordſhips;
but I have done this heretofore and will not offer your Lordſhips Cramben bis
coltam,
1
1
Votes about
the Caprives
at Algiers.
In the Commons Houſe the Affair of the Captives at Algiers fell un-
der debate, and produced theſe following Votes.
Reſolved, &c. That his Majeſty be moved to ſend at the Charges of
the Merchants ſome fit perſon to the Grand Seignior, to demand the Eng-
liſh Captives in Algiers, and other the Turkiſhi Dominions.
Reſolved, &c. That in ſome convenient time a Fleet of Twenty Ships
and Pinnaces be ſent to Algiers to afail the Town and their Ships, if the
Captives be not delivered upon the demand of them.
Reſolved,
1
Conference
1
from the Scotch Rebellion to the King's Murther. 255
Reſolved, &c. That the Book of Rates being ſetled, One per Cent.be May,
laid upon Trade over and above the Sums in the Book, to be collected and | 1641.
imployed by Commiſſioners to be appointed by the Parliament for this
Special uſe, and continue ſo long as the Parliament ſhall think fit.
A Meſſage was brought to the Lords by Mr. Secretary Vane to let
their Lordhips know, that the Select Committee of their Houſe have Re- about the
ported what was yeſterday done at the meeting with the Select Com Scots.
mittee of Lords. Thereupon the Houſe of Commons having taken the
buſineſs into Conſideration; have
Reſolved, &c. That the whole Arrear of 120000 1. be preſently paid
to the Scots, out of which the due Debts of the Counties are to be de-
ducted, and for the Brotherly aſſiſtance of 300000 l. it ſhall be ſetled and
ſecured by the Kingdom to them.
Reſolved, &c. That if the deductions may withdraw more Moneys than
the Scots can ſpare from the Disbanding, then the whole 120000 l. fall
be allowed them for the Dishanding, and the Debt of the Counties be ta-
ken upon the Kingdom for the preſent, and be firſt paid out of the Bro-
therly aſſiſtance.
Reſolved, &c. That when the Treaty ſhall be fully concluded, and Pubs
lick Faith given for Peace, and Security for Mony, both the Armies may be
Disbanded by degrees as mony ſhall come in.
Reſolved, &c. That the Committee ſhall have power to preſent theſe
Heads to the Lords Commiſſioners to treat with the Scots.
Likewiſe the Houſe of Commons deſired, that a meeting might be be-
tween the Lords Commiſſioners and the Scots Commiſſioners this After-
noon at four of the Clock, and propound theſe Reſolutions unto them.
All which the Lords afſented to.
Saturday,
The greateſt part of this day was ſpent by the Commons in the De- May 22.
Monday,
bate of the Scottiſh Articles.
May 24.
Fifty Thouſand Pounds, and Sixty Thouſand Pounds formerly lent by Money bor:
the City, was this day deſired to be continued a Year and a half longer, rowed of the
with promiſe to be repaid out of the four hundred thouſand pounds, vo- be continued,
ted to be raiſed for payment of the debts of the Kingdom.
The Bill concerning the Biſhops was this day Debated in the Houſe of Bill in the
Lords, and after a long and ſerious Debate, the Houſe was Reaſſumed, Lords Houſc.
and it was
Reſolved upon the Queſtion, That the Arch-Biſhops and Biſhops ſhall
have Suffrage and voice in the Houſe of Peers in Parliament.
Reſolved, &c. That the Arch-Biſhops and Biſhops ſhall not have Suf-
frage and Voice in the Court of Star-Chamber when they are called.
Upon the further Debate of the Bill about Biſhops, it was this day fur-
ther
Reſolved, &c. That nd Arch-Biſhop or Biſhop, or other Perſon in Holy
Orders ſhall be Fuſtices of the Peace.
Reſolved, &c. That no Arch-Biſhop or Biſhop, nor other Perſons in How
ly Orders ſhall be of the Privy Council to the King, or to his Succeſ
fors.
The
Vores about
1
H. - L
1
11
For an Ad of
Oblivion.
May 26.
Abel and Kil.
vert.
The Cuſtom-
ers Petition
Oblivion,
and to pay
a Month.
256 An Impartial Collection of all the memorable Events
May,
The Commons fell this day upon conſideration of the Cuſtomers, but
1 641. before they came to any Vote Mr. Pym made a motion for them, offer-
wing a Hundred Thouſand Pounds compoſition, provided they miglit have
Tueſday,
an Act of Oblivion, but the propoſition being rejected by the Houſe, it
May 25.
Cuſtomers of. was Voted,
fer 100000l.
Reſolved,&c. That all Colleétions of any Sums of Mony by colour of Suba
fidies, Impoſts or Aids upon any Merchandize whatever, not granted by
Parliament; are againſt the Law and Liberties of the Subject.
Reſolved, &c. That all ſuch perſons as have Collected any ſuch Sums of
Mony under colour of Subſidy, Impofts or Aid upon any Merchandiſe what-
ever, not granted by aſſent in Parliament, are Delinquents.
Wedneſday,
The Complaint of the Vintners againſt Alderman Abel, and Mr. Kil-
vert, for taking one peny per Quart upon all French Wines, and two
The Vintners pence per Quart upon Spaniſh Wines, was this day debated in the Houſe
Caſe againſt
of Commons,and upon the Debate voted Illegal, and a Bill Ordered to be
brought in againſt the faid Alderman Abel, and Mr. Kilvert.
The Cuſtomers. Sir Paul Pindar, Sir Abraham Daws, Sir John Worſten-
holm, and Sir John Jacob Petitioned the Houſe for an Act of Oblivion,
for an Ad of whereupon it was
Reſolved, &c. That one hundred and fifty thouſand pound offered by
150000 l. ir
the Petitioners in ſatisfaction of their Delinquency to the Commoji-wealth,
Jhall be accepted; they paying the Mony within one Month, as was expres
Yed in their Petition, and an Act of Oblivion to be paſed, according to cer-
tain Limitations made in the Report.
The Limitations were, That all thoſe who had ſuffered dañage by the
Cuſtomers, either in Goods or otherwiſe, might notwithſtanding this com-
poſtion take their remedy at Law for Reparation. And that the petty
Cuſtomers ſhould alſo come in upon Compoſition, and then have the benefit
of the Ait of Oblivion.
An Order was alſo ſent to the Maſter and Wardens of the Company
of Vintners, to command that notice be given to the whole Company,
that the Patent of Abel and Kilvert being
Voted Illegal, they ſhould feli
their Wines as formerly, viz. French Wines at Six-pence per Quart, and
Spaniſh Wines at Twelve-pencé the Quart.
Several pri This day a Commiſſion was preſented to the Houſe of Lords, directed
vare Bills pals- to the Lord Privy Seal, Lord Great Chamberlain, and to Earl Marſhal
,
or any two of them, to give the Royal Aſſent to three private Bills, viz.
One Entituled, An Act to enable the Marqueſs of Winton to grant Eſtates
for three Lives, or 21 years, &c. of Lands in the County of Southampton,
&c. reſerving the old Rents. Another Entituled, An Act for Naturali-
zation of Dorothy Spencer, Daughter of Henry Lord Spencer Baron of
Wormleighton. And the third, Entituled, An A&t for the enabling a Sale,
and Leaſing of Lands for payment of the Debts of Thomas late Earl of
Winchelſea.
The Lords Commiſſioners in their Robes ſitting upon á Form fet a-
croſs the Houſe, between
the State and tlfe Keeper's Woolfack, the Houſe
of Commons being ſent for came with their Speaker ; then the Clerk
of the Parliament preſented upon his knee the Commiſſion unto the
Lords Commiſſioners, and the Lord Privy Seal after he had acquainted
the
V
ed by Com.
million.
F
1
1
1
4
મી
H.
:
gefs for wind-
from the Scotch Rebellion to the King's Murther. 357
the Peers, and the Houſe of Commons with his Majeſties pleaſure here May,
in, he delivered the Commiſſion to the Clerk of the Parliament, who 1641
carried it to his Table and read it, which being done, the Clerk of the Lo
Crown read the Titles of each Bill ſeverally; after which the Clerk of the
Parliament pronounced the Royal Aſſent ſeverally, and then, the Com-
mons returned to their own Houſe.
The Commons being returned, Mr. Taylor a Barriſter, and Burgeſs for Thurſday;
the Burrough of Old Windſor, was expelled the Houſe, and Voted un- May 27.
capable of ever being a Member of Parliament, to be committed Priſo- Mr.Taylor Bur-
ner to the Tower, during the pleaſure of the Houſe; to be carried down for cxpelled
to Windſor, there to make publick Recantation of what he had ſpoken, the Houſe.
and from thence to be returned back to the Houſe of Commons to re:
ceive further Sentence. And it was Ordered, That a Writ-ſhould be
preſently iſſued out for a new. Election in his Room.
The words for which he was Expelled, and thus ſeverely treated,
were atteſted by John Hall Mayor of Windſor, Mr. Broughton and Mr.
Waller, That Mr. Taylor ſhould in diſcourſe about the death of the Earl
of Strafford, fay, That. the Houſe of Commons had not his Vote to the Bill
of Attainder againſt Thomas Earl of Stráfford ; for that to do it before
the Lords had finiſhed the Trial upon the Articles of Impeachment Exhi-
bited by the Commons againſt him, was to commit murther with the Sword
of Juſtice.
An Act for the utter aboliſhing and taking away of Arch-Biſhops, Bi- Bill for Rooi
fhops, their Chancellours and Commiſſaries, Deans, Deans and Chapters, and Branch
Arch-Deacons, Prebendaries, Chanters and Canons, and other Under-Of-
ficers out of the Church of England was. read the firſt time; and upon
the debate of the Houſe for a ſecond reading the Houſe was divided,
Teas 139, Noes 108, ſo the Bill was read the ſecond time, and commits
ted to a Committee of the whole Houſe.
A Bill was alſo read the firit time for granting to his Majeſty the Bill for Ton-
Duty of Tonnage and Poundage, and a ſecond time in the after- nage & Poun-
.
dage
This day. Holmer the Printer, who was committed to the Gáte-houſe Holmer the
for printirig an Elegy upon the Earl of Strafford, which then were called
ſcandalous Verſes, was admitted to Bail.
An Eſtimate of the Debt of the Kingdom was this day brougļit into
Friday,
the Houſe, by the ſtate of which Account it appeared, That there was a The State of
Debr of ſeven hundred feventy three thouſand nine hundred pounds the publick
due to the two Armies, the City, and ſeveral private perſons, who had pebes.
Bill for raiſing
lent mony upon Parliamentary Credit ; which brought on the Conſide-
ration of the Bill for Raiſing Mony and Disbanding the Armies, which banding the
was read a ſecond time:
Mr. Rigby Reports the Bills for taking away the High Commiſſion Bills againſi
Court, and againſt Pluralities with the Amendments; which were both courtand Plu-
Ordered to be engroſſed.
ralities engror
Little of moment paſſed this day in the Commons Houſe, moſt of it
Saturday,
being ſpent in debates about Raiſing Mony to defray the great Debt-in-
May 29;
to which the Kingdom was plunged, by the coming in of the Scottiſh
Army to be aſſiſtant in the Glorious Reformation of Religion, and Elta-
bliſhment of the Subjects Liberty, for which guilded Words the Nation
yas to part with their real Treaſure ; And it was but-an untoward
Omen liow expenſive theſe great Patriots were like to iprove for the fu-
ture, who began fo early to thew the People; that little leſs than a Mil-
Vol. II.
LI
lion
1
twice.
noon.
Printer bailed.
1
May 28,
mony and dir
Armies read a
ſecond .rime:
ſed.
.
7
S.
3
r!
+
}
;
!
Several Lords
examined a-
Army.
1
naſton's Cale
ror.
$
1
+
1
1
258 An Impartial Collection of all the memorable Events
May,
lion of Mony muſt be laid down as the Earneſt for this imaginary pur-
16.41. chaſe.
It was this day Ordered, That the Earls of Newcaſtle and Carnarvan;
and the Lord Biſhop of Chicheſter ſhall be attended with this Order, and
bout the Con that their Lordſhips be deſired to repair unto the Lords Committees ap-
ſpiracy of the
pointed by this Houſe to take the Examinations concerning certain late
practiſes concerning the Army in the North, at Two of the Clock this Af-
fernoon at the Lord Keeper's Lodgings near the Parliament Houſe, to be
examined by them.
A Cafe having been depending between Thomas Naſh, and Charles
Naſh and Kyu-
Kynnaſton about Errors in a Writ of Error, and Council having been ful-
determined in ly heard at the Bar of the Lords Houſe on both ſides, their Lordſhips Vo:
Writ of Er- (ted the ſaid Errors, alledged by the Plaintiff Naſh, to be frivolous, and
thereupon awarded the following Order upon it.
In Suprema Curia Dòmini Regis Parliament'
Inter. Thomam Naſh Quer' s Carolum Kynnaſton Defendentem in placi-
to tranſgr? & eje&tionis Firmæ.
Super quo viſis premiſis & per Cur' Parliament Domini Regis nunc hic
diligent Examinat & plenius intelletis tum Record & Proceſsº predi&t'
ac judic' predit' Super eiſdem Reddit quam predi£' Cauſa pro Errore pre-
dilt: predict-Thom in Forma predi&t alignat & allegat, videtur, pre-
dicta ſuprema Curia Parliament' hic quoàd Record. predict" in nullo vitio-
Sum 'aut defe&tivum exiſtit at quod in Recordo illo in nullo eſt errat; Ideo
Conſideratum eſt quod judicium predictum in omnibus afirmetur & in om-
nibus fuo robore & effeétu ſtet & remanet ditta Caufa pro Errore fuperius
äſſignat aut allégat' in aliquo, non obftanté super quo Record. & procellum
predi&t necnon proceſ predi&t Curia Parliamenti ibidem in premiſlis ha-
biť è predi&t Curia Parliamenti coram Domino Rege ubicunque,
prediót Cur' Parliamenti Remittentur, ac predi&tus Carolus in Curia Dom
mini Regis coram ipſo Rege habeat Executionem judicii predi&ti verſus
prefatam Thomam juxta formam & effectum judicii illius predi& Breve
de Errore & fuper inde non obſtante.
Subſcribed by the Clerk of the Parliament, and delivered to the
Defendant in the Writ of Error 29 May 1641. to be remitted
into the King's-Bench, that Execution may be had upon the
Judgment.
Moriday, Mr: Prideaux reports the Bill for taking away the Juriſdiction of the
May 31.
Court of Star-Chamber, as being contrary to Law, and tending to the
Bway the courte bringing in of Arbitrary Government ; as alſo a Bill for regulating the
Of Star-Cham- proceedings of the Council-Board ; upon which they were ordered to
ber and regula. be ingroſſed.
tibg the Coun-
cil Board in-
groſiçd. The Houſe fell this day upon the buſineſs of the petty Farmers of the
Tueſday,
Cuſtoms Sir Nicholas Criſp, Sir John Nulls, Sir John Harriſon, &c. and
June 1.
upon the Debate it was
the Petty Far-
Reſolved, &c. That the Petty Farmers of the Cuſtoms, taking above
three pence in the pound of Merchants Strangers, ard others of the King's
Subjects, more then by Law allowed, is Illegal.
Reſolved,
&c. per
+
5
+
i
{
Votes about
mers of the
Cuſtoms,
1
.
....
!
it
יו
114-
from tbe Scotch Rebellion to the King's Murtber. 259
Reſolved, &c. That the ſaid Petty Farmers for taking above the ſaid June,
three pence
in the pound, are Delinquents.
I 641.
Reſolved,&c. That the ſaid Petty Farmers are for the ſaid offence liable
and ought to make reſtitution.
Notwithſtanding which in favour of Sir John Harriſon,
Réſolved, That Sir John Harriſon a Member of the Houſe, in regard
of his great ſervice in advancing fourty thouſand pounds, ſhall not be pre-
judiced as to his ſitting in the Houſe.
Sir John Strangeways moved in the behalf of himſelf and the
59 that
Voted againſt the Bill of Attainder of Thomas Earl of Strafford, that
there might be ſome order taken for their ſecurity, for that they went
in fear of their Lives; daily affronts, and great abuſes being put upon
them by licentious people, who reſorted about the Parliament Houſe.
But theſe mighty. aſſerters of the Priviledges of Parliament, one of the
greateſt whereof is freedom of Speech and liberty to Vote according
to a Man's
. Conſcience, thought not fit in this Caſe to aſſert their Pri-
viledge, but to leave theſe worthy Gentlemen at the mercy of the Rab-
ble, who were by no means to be diſobliged, there being further occaſion
to make uſe of their Tumultuary Inſolence in order to their thorough
Reformation.
This day Mr. Tayler preſented his Petition; deſiring to be reſtored up- Wedneſday,
on his ſubmiſſion, but it was rejected.
June 2.
A Debate ariſing about ways for raiſing of Mony, a Motion was made, Motion to
That in regard Mony could not be procured fo ſuddenly as the preſent bring in. Plate
neceſſity of Affairs required, there might be fome Expedient thought on
to bring in the Plate of the Kingdom to the Mint, and it was referred
toa. Committee to conſider of it, and what way it might be done.
The Bill for Regulating the Clerks of the Market being Reported, Bill for the
was Ordered to be Ingroſſed..
Marker ingror-
Mr. Pierrepoint Reports the Conference with the Lords, concerning fed.
the Bill for diſabling, Biſhops to Vote in the Houſe of Peers.
Thurſday,
June 3.
Report of the
That their Lordſhips conceive that i hë Commons underſtand not unlaw- conference
fulneſs to have any Votes there, to mean to be contrary to any Law, but of with the Lords
convenience or inconvenience ; becauſe if they had thought it abſolutely ſhops Bill.
unlawful, they would not have made Exception of the Univerſties, and of
Such of ihe Nobility as ſhould happen to be in Holy Orders. ;
And for the Biſhops Right to Sit and Vote in Parliament, their Lord-
Ships conceive, that both by the Common Law, Statutes, and conſtant pra-
Etice, there is no queſtion of it.
As for inconveniencies; their Lordſhips did not yet Underſtand any
ſuch, that might induce them to deprive' the Biſhops and their Succeſſors
of the Right of voting in Parliament, but if there be ſuch, which they
yet
Know not, they will be willing to hear them, and take it into conſidera-
For their Votes in the Star-Chamber, Council Table, or any Office in Se-
cular Affairs, they have fully conſented to the deſires of the Com-
mons.
Their Lordſhips have Excepted the Dean of Weſtminſter
, as being a
Corporation: confirmed by A&t of Parliament, Sexto Eliz. As alſo that of
Durham, Ely and Hexam, and the ſeveral Juriſdictions of thoſe Biſhopší
Vol. II.
LI 2
H
3
Clerk of the
th
1
t
1
tion.
1
T
/
to
.
'n
1
Bill for Dir.
red.
New Canons
Read firſt
time.
Report of Sir.
Care.
260 An Impartial Collection of all the memorable. Events
June, to keep Courts-Baron there by their Stewards, &c. And all other Courts
1641. Executed by Temporal Officers, which their Lordſhips conceive not to be
contrary to this Bill.
After which the Bill for difarming Recuſants being reported, was
arming Recu-
fants, ingrof ordered to be ingroſſed.
Then a Bill for the making yoid of certain Canons and Conſtituti-
Bill againſt ons Eccleſiaſtical lately made, and for the puniſhment of fuch Prelates
and others as were the framers and makers of them, was read the firſt
time.
The Houſe then Entred upon the conſideration of the Scottiſh Ar-
ticles, ſome of which were aſſented to.
Friday, June
Sir Thomas Widdrington reports the Caſe of Sir John Corbet, upon
4th. which theſe Votes paſſed.
John Corbet's
Reſolved,&c. That the Impoſition of 30 l. per annum laid upon, the
Subjects of the County of Salop for the Muster-Maſters Fee by the Earl
of Bridgwater Lord Lieutenant of that County, is an Illegal Charge, and
againſt the Petition of Right ; and that it is high preſumption for a
Subject to impoſe any Tax upon the Subject, and tkat the taking it, is an
Extortion againſt the Right of the Subject.
Reſolved,&c. That the Attachmeňt from the Council Board by which
Sir John Corbet was committed, was an Illegal Warrant.
Reſolved,&c. That Sir John Corbet ought to have Reparation for his
unjuſt vexation and impriſonment.
Reſolved,&c. That the Earl of Bridgwater ought to make' Sir John
Corbet reparation.
Reſolved,&c. That the Houſe thinks fit that the Attorney General take
the Inforrnation in the Star-Chamber againſt Sir John Corbet off the
File, and that he take ſome Courſe that the Bond which he entred into to
attend the Suit at the Hearing, be delivered unto him.
Reſolved,&c. That the Lords and others of the Privy Council whoſe
hands are at the Warrant for the Commitment of Sir John Corbet, ought
to joyn in this Reparation, viz. the Archbiſhop of Canterbury, Lord Co-
ventry, Archbiſhop of York, Earl of Mancheſter, Lord Cottington,Edw.
Lord Newburgh, Sir Henry Vane, Sir Francis Windebank.
Then the Houſe took into Conſideration the Reaſons which the Lords
the Lords Rea- had offered at the Conference concerning the Biſhops having Votes in
Parliament, and it was agreed to offer theſe Reaſons in Anſwer to
Shops Voting
in Parliament. them.
(1.) The Commons do conceive that Biſhops ought not to have Votes in
Parliament, Firſt, Becauſe it is a very great hinderance to the Exerciſe
of their Miniſterial Function.
(2.) 'Becauſe they do vow and undertake at their Ordination when they
enter into Holy Orders, That they will give themſelves wholly to that
Vocation.
(3.) Becauſe, Councils and Canons in ſeveral Ages do forbid them to
meddle in Secular Affairs.
(4.) Becauſe the 24 Biſhops have dependency on the two Archbiſhops by
their Oath of Canonical Obedience to them.
Cs.) Becauſe they are but for their Lives, and therefore are not fit to
have Legiſlative power over the Honors, Inheritances, Perſons and Liber-
ties of others.
(6.) Because
!
|
Anſwers to
rops for Bi-
1
f
!
11
2
H
1
I
.
1
-
.
LL
I 6 41.
1
2
0
1
taken away.
from the Scotch Rebellion to the King's Murther. 261
(6.) Becauſe of Biſhops Dependancy and Expectancy of Tranſlation to June,
Places of greater Profit.
(7.) Becauſe that ſeveral Biſhops have of late much Encroached upon
the Conſciences and Liberties of the Subject, and they and their Succefors
will be much Encouraged ſtill to Encroach, and the Subjects will be diſcous
raged from complaining againſt ſuch Incroachments, if Twenty fix of that
Order be to be Judges upon thoſe complaints
. The ſame Reaſon Extends to
their Legiſlative Power in any Bill to paß for Regulation of their Power
upon any. emergent inconvenience by. it.
(8.) Becauſe the whole number of them is intereſsed to maintain the
Juriſdiction of Biſhops which hath been found ſo grievous to the Three
Kingdoms, that Scotland bath aboliſhed it, and Multitudes in England
and Ireland have Petitioned againſt it.
09.) Becauſe the Biſhops being Lords of Parliament, it ſettech too
great a diſtance between them and the reſt of their Brethren in the Mi-
žiſtry, which occaſioneth Pride in them, Diſcontent in others, and Dif-
quiet in the Church.
To their having Votes a long time,
If inconvenient, Time and Uſage are not to be conſidered with Laur-
makers, and ſome Abbots voted as anciently in Parliament as Biſhops, yet
That for the Biſhops Certificate to plenarty of Benefice and Loyalty of
Marriage, the Bill Extends not to them, the Biſhops making return of
them by Courſe of Common Law.
That Argument taken from the Canons and Laws Eccleſiaſtical, must This Paſlage
be conſidered as a fight againſt the Biſhops with their own Weapon, as a
kind of Goliah's Sword to cut off Goliah's head; but not as though the Conference
Houſe of Commons did hereby Juſtifie the Legality of any thing of that in the Lords
Nature;
Journal, buc
That for the Proviſo for the Univerſities and Temporal Lords, it may commons
.
Stand in the Bill if it, pleaſe their Lordſhips.
They Judged
It was added, That there is an ACT preparing for the Regulating noc binding,
of the Univerſities, and this Proviſo is but permitted to remain there by lo did the
way of Proviſion" till that be Effected.
yet they muſt
For the secular Juriſdiction of the Dean of Weſtminſter, the Biſhops be lawful
of Durham and Ely, and the Archbiſhop of York, if they are to Execute againſt them.
them in their own perſons, the former Reaſons Mew the inconvenience of
them; and for the Temporal Courts and Juriſdictions which are Executed
by their Temporal Officers, the Bill doth not concern them.
How deeply Guilty theſe Anti-Epiſcopal Grandees of the Faction The deep Hya
were of Hypocriſie and Colluſion, this Paſſage makes clearly apparent : pocriſie of the
for, whereas by the Bill upon which this Conference with the Lords
the Anti-Epir
was had, and for the ſupporting of which, theſe Reaſons were Framed, copal Fa&tion,
they ſeemned only to deſire that the Biſhops might not Sit and Vote in
the Lards Houſe as Peers of the Realin, and not to take away the Office
or Function, they had at that very inſtant, as the Reader by caſting his
Eye but a little backward, may ſee, a Bill before them, for the utter
Abolition and Extirpation of the Office it ſelf, with all its appennages
,
commonly known by the name of the Root and Branch Bill
.
It is not my Province to deſcend into fo great a Field of Controverſie
as theſe Reaſons againſt the Biſhops Votes, would afford a Pen of Grea-
ter Leizure; however, becauſe theſe Papers may fall into ſome hands,
who
is in the RC
port of this
not in the
1
there Canoas
Biſhops too,
Grandees of
.
:
1
+
1
262 An Impartial Collection of all the memorable Events
Fune; who may not be ſo well Antidoted againſt the well gilt Poyſon, I will
1 641. adventure to give them fome ſhort ſtrictures.
And therefore Firſt, the Reader is to Conſider in general, That the
Lords Spiritual being by the Common Law of this Realm Peers in Par-
liament, and by the Statute Law declared to be one of the Three Eſtates
of the Kingdom, if any ſuch Inconveniences as are here objected againſt
them, were ſufficient ground for the abolition of them, and conſequently
altering the Frame of the Government; then Paritate Rationis it would
follow, That the like or greater, inconveniences would be a ſufficient
ground for the utter aboliſhing or taking away of either or both the
other Two Eſtates, viz. The Lords Temporal and Commons; which
Aſſertion evidently deſtroyes thè Being and Foundation of Parliaments,
which ſure no Engliſhman can without Horror and Deteſtation hear.
And indeed this very Conſequence led theſe very Perſons afterwards
to Vote the Houſe of Lords Uſeleſs and Dangerous, and wholly.to.lay
them aſide, and diveſt them of all the Priviledges of their peerage in
Parliament; to the utter Subverſion of the Ancient Frame of the Go-
vernment.
Nor indeed were theſe Inconveniencies, which they repreſent here as
fo Formidable and Dangerous; of any weight or moment in themſelves.
For as to the Firſt,The hinderance of the exerciſe of their Miniſterial Functi-
on. The very ſhare they have in preparing Laws,and giving their Aſſent
to them in that Station, is one of the moſt weighty parts of their Epiſco-
pal Function, to take Care that ſuch Laws may be made in a Chriſtian
Kingdom, as may be for the Glory of God, the Advancement of true
Piety, and the Well Government of the Church. And for
any
other
parts of their Office, though they ſhould not be ſo well able to perform
them during the times of Seſſion of Parliaments (which yet for any
thing made appear to the contrary they may do), Yet, the great ne-
ceſſity and advantage of their Legiſlative Right, may very well give a
diſpenſation to the omiſſion of the leſs neceſſary Offices of their Fun-
ction for ſo ſmall a time, as the Seſsions of Parliament Uſed to be, till
theſe Men obtained of the King that perpetuating ACT, of which it
may truly ke faid, That thereby he gave them leave to put Royal Ma-
Nafiles upon Majestic, and an opportunity after having bound him, to
But beſides, if there were any weight in this Reaſon, it muſt al-
ways have had the ſame force and ſtrength againſt Eccleſiaſticks in
any Age, or Under any Government intermedling in Secular and Civil
Affairs; ſince it could not but be as much a hinderance to thoſe of for-
mer Ages in the Exerciſe of their Miniſterial Function as to theſe. But
the conſtant Uſage of all Ages, Places, Times, and Nations, both Bar-
barous and Civil, Pagan, Jew, and Chriſtian, manifeſt, that the Univer-
fal Wiſdom of Mankind has been of a Contrary Opinion : Religious
Perſons, having ever had an Extraordinary Deference paid them, and
having always been accounted Worthy for their Abilities, Wiſdome,
Learning and Integrity, to be admitted into the Councils of Princes;
and having conſtantly had a great-ſhare and intereſt both in the fra-
ming Laws, and managing the Civil Polities and Governments of Na-
tions.
And more particularly the Sacred Hiſtory gives us a clear account,
that in the Government of the Jewiſh Nation formed by God himſelf,
the chief Prieſt was not only the Supreme Governor of that People, as
well
+
1
..
hi
.
11
A
1
IN
IL
1
11/4
HHE
1
1
TH
F
1.
+
as to hinder the performance of their Duty in the Offices of their
from the Scotch Rebellion to the King's Mörikei. 263
well in things Sacred as Civil
, but the inferior Prieſts under him were: June,
the Judges of Temporal as well as Eccleſiaſtical matters brought before 1.6.4 1.
them; and the fame Objection lying as naturally and forceably againſt
them as againſt theſe, cannot Excuſe theſe Objectors from affronting the
Wiſdom of the Divine Legiſlator, who Exprelly Ordered it to be foi
and truly it is but in other Words the Objection of Corah and his Accom-
plices, againſt Moſes and Aaron, Ye take too much upon you ye Sons of
Levi.
To the Second, which is the solemo promiſe they who Enter into
Holy, Orders make, That they will give themfelves wholly ta that Va-
cation. The clear ſenſe of tlratis, That they will principally apply them-
felves to the Duties of their Calling, and not to any.Secular Imploy-
ments, as Husbandry, Merchandizing, or other Mechanical Callings, fo
Function ; which, as before I have ſhewed, the Biſhops by Sitting and
Voting in Parliament, cannot be ſaid to do. And to make this Evident,
I will give a clear inſtance in the inferior Clergy: for ſuppoſe any one
of them by his frugal Parſimony hath got a Sum of Mony, he may, law-
fully bargain, purchaſe, take and keep, a Temporal Eſtate for the future
ſubſiſtence of his family; he may lawfully Lett, Sett, Build, Leaſe, Re-
ceive Rents for ſuch Eſtate; or any one deſcending to him by Inheritance,
and manage it to his beſt advantage, without the leaſt danger of viola:
ting or intrenching upon this promiſe made at his Ordination, and yet
all theſe are Secular Affairs, which he may do without prejudice to his
ingagement, ſo long as ſtill he makes the Vocation which he undertook
at his receiving Holy Orders the main ſcope of his Life and Actions;
and I think none will deny, I am aſſured no perſon will be able to prove
the contrary, but that the Biſhops, notwithſtanding the uſe of their
Peerage, yet make the Exerciſe of their Epiſcopal Function the main and
principal buſineſs of their lives.
And ſo for the Third, That Canons and Councils in ſeveral Ages do
forbid them to meddle in Secular Affairs. It is well known, that evepi
thoſe who made thoſe Canons were themſelves at the ſame time Coun:
cellors to Princes, and particularly that Arch-Biſhop who made the Con-
ſtitutions of Weſtminſter mentioned by Linwood, upon which theſe Peo-
ple were perpetually harping, was a Peer, who himſelf fate in Parlia-
ment, and of the King's Privy Council ; from which it is evident, that ,
by thoſe Canons there was no deſign to intrench upon the Peerage of
the Biſhops, but to prevent the inferiour Clergy from neglecting their
Duty, and entring upon the more gainful and tempting employs of $e-
cular Perſons ; Leſides that; thoſe Canons ſince the Reformation were
not binding either to Biſhops or Clergy.
As to the Fourth, Fifth, Sixth, Seventh Reaſons, they are rather fly
İnſinuaticns and Calumnies then Reaſons, and ſuch as having no fub-
ftantial, matters in them worth anſwering, I ſhall therefore paſs them
over, without any further notice, then, that admitting all for
Truth there
Objected, which yet was moſt notoriouſly Falſe, yet they are but per-
fonal Crimes; and therefore in Juſtice could only reach to thoſe parti-
çular Biſhops, but not to the Function it felf, or the Succeſſors of thoſe
Biſhops; and if perſonal failings had been a ground to diſable the Mem-
bers of Parliament from the Right of ſitting and voting
in that Affem-
bly, both for the preſent and future Succeſſion, 'tis not impoſſible to be
fuppoſed, but that a far greater number would for ever havë beén ex-
cluded
0
..
+
+
1
I
264 An Impartial Collection of all the memorable Events
June,
cluded out of the Commons Houſe, then theſe 26 Biſhops out of the
1 6.4 1. Houſe of Peers.
And for the Eighth, which is partly made up of Calumny, and part-
ly of the Example of Scotland in aboliſhing Epiſcopacy, it is certainly
the worſt way of Reaſoning in the World to argue a facto ad jus. And
the way of Túmults; Treaſon, and actual levying War againſt their un-
doubted Lawful Sovereign; by which they got Epiſcopacy aboliſhed,
were ſuch methods as certainly no ſober Chriſtians can think juſtifiable
either before God or Man; and therefore no perſwaſive Reaſons, in their
own Nature, to do the ſame in England.
The Ninth and Laſt Reaſon is of the fam& Leaven with the former, as
if the promotion of thoſe Reverend Prelates to thoſe high Offices and
Honours muſt of neceſſity blow them up with the vain Tumor of Pride.
The truth is, the Covetouſneſs of ſome of the Laity, who greedily long-
ed to devour the Revenue of the Church ; and tlie Pride and Envy of
the Factious Presbyterian and other diſſenting Miniſters, and not the
Exaltation of the Biſhops, were the true Reaſons of their diſcontent; and
of all the diſquiets, and great diſorders which enſued this troubleſome
and reſtleſs Temper of the Non-conforming Miniſters, and of all the
dreadfüla Revolutions which happened in theſe miſerable Kingdoms, to
the utter "Ruine and Overthrow both of Church and State, and to the
Eternal infamy of theſe Pretenders to Reformation, and the True Prote-
ſtant Religion.
.
That which ſeems to have the moſt force and weight, and is there-
fore reſerved to the laſt, is taking away the Votes of the Abbots in the
time of King Henry the Eighth, upon the Diſſolution of thoſe Religious
Houſes. To which, notwithſtanding the great ſtrength it ſeems to have,
that for the fame Reaſon the Biſhops might alſo be removed from the
Peerage of England; it is eaſily anſwered, That though ſome Abbots
were Barons in Parliament, and part of the Lords Spiritual, yet the ta-
king away their Voees did no more deſtroy the third Eſtate in Parlia-
ment, then the Attainders of divers of the Nobility and Temporal
Lords, and thereby taking away their Votes, did aboliſh the whole Or-
der of the Peerage, another of thie Three Eſtates: Whereas the taking
away the Biſhops Voices and Peerage in Parliament muſt of neceſſity
utterly Exterminate onétof the three Eſtates, as before was ſaid, fo de-
declared by the Statute Law of the Land.
Upon Information to the Lords, that divers Sheriffs had remaining in
their hands Monies, which were collected of the Counties for Ship-
Ship mong mag mony, and undiſpoſed of ; it was Ordered, That theſe Lords Commit-
in di-
tees following, do conſider and think of ſome way to reſtore the Ship-mony
remaining in the hands of any Sheriff, or Under-Sheriff
and other officers,
undiſpoſed of in every Švire unto the ſeveral perſons from whom it was
received ; or elſe that it be imployed in ſome way for the eaſe and good
of the Countries where it bath been Collečted, viz.
Earl of Bath, Viſcount Say and Seal,
Earl of Elex,
Epiſcop. Winion.
Earl of Berks,
Epiſcop. Lincoln.
Their Lordſhips, or any four of them are to meet when and where
they pleaſe.
The
TN
5
Order of the
Lords abouc
vers Sheriffs
hands.
.
IL
-
1
il
J
-
of the Cuſtoms
t
Committee
terbury.
of Hartford
introduấted
from the Scotch Rebellion to the King's Murther. 265
The Petty-Farmers of the Cuſtoms, Sir Paul Pindar,Sir Fohn Jacob Sir fune,
Fob Harvey, Sir Nicholas Criſp,and Sir Fohn Harriſon,got a Petition pre- 164 1.
ſented to the Houſe,which was read,and anſwered,That the Houſe would
Perry-Farmers
take the juftneſ of this Petition into conſideration in due time.
* One Robinſon a Clerk in the Cuſtom-Houſe, Folin Spencer a Horſe-Petition the
Courſer
, Adam Banks a Stockinſeller, Fohin Durant, and one Green, be- * Saturday,
ing Complained againſt for Preaching, being mere Lay-men, were by Fime sth.
Order ſummoned to appear before the Houſe. Thus Early the Banks Lay-Prcach-
of Epiſcopal Authority over the Cluurch being broken down, did the ers.
floods of Ungodly men, the deluge of unordained Schiſmaticks begin
to flow iri upon the Nation, and by the Example of their Superiors who
invaded the Crown, took incouragement to invade the Prieithood, and
though one would have thought, that this might have given them a
fair proſpect of the Danger which muſt accrue to the Church by pulling
down the Pillars of it, and thereby Encouraging the Factious Schiſma
tiques to lay it waſt, yet Mr. Sollicitor St. John, Mr. Glyn, Mr. Selden, appointed to
Mr. Vaughan, Mr. Prideaux, Mr. Maynard, Sir Thomas Widdrington, Expedite the
Mr. Peard, Mr. Rigby, Mr. White, Mr. Hambden, Mr. Whitlock, were the Archa
ordered to Expedite the Charge againſt the Archbiſhop of Canter- Biſhop of Can-
bury.
This day the Lord Marqueſs of Hartford was introducted between the Lord Marques
Lord Marqueſs of Winton, and the Earl of Eſex, all in their Robes, the
Lord Great Chamberlain,the Earl Marſhaland Garter going before and ha- 5.Junii, 1641.
ving delivered his Patent of Creation,dated 3° die Funii,1641. 17º
. Carol
.
Regis, upon his Knee unto the Speaker, who delivered it unto the Clark
to be read; which being done, he was brought and placed next below
the Lord Marqueſs of Winton.
In the Lords Houſe the Bill concerning the Biſhops was taken into
Conſideration, and for the better debate of it, the Houſe,as was Uſual, was
into a Committee during pleaſure; but before the Houſe could come
to any Reſult,a Meſſage was brought from the Houſe of Commons; here-
upon the Houſe was reſumed ; and it was Ordered, That the further
Debate of the Bill concerning the Biſhops ſhall be to morrow morning the
first Buſineſ; and alſo the Reaſons of the Houſe of Commons why Biſhops
jould not vote in Parliament, are to be conſidered.
I will not be poſitive, but I have good reaſon to conjecture, That at
this time and upon this occaſion the Lord Viſcount Say and Seal made
one of his Long-winded Speeches againſt Biſhops, which was fo much
applauded by thoſe long.Parliamentarians; and I am the rather induced
to believe it, in regard of an Order of the Houſe immediately following
the Debate, in hæc verba.
Ordered and Declared, That reading of formal Speeches and Anſwers Order againſt
formal Spee-
out of. Papers in this Houſe, is no Parliamentary Way.
The Houſe was not yet purged of thoſe Noble and Loyal Lords who
were for Monarchy and Epiſcopacy, and the Supporting the Ancient
and Fundamental Éſtabliſhment of Parliaments by the Three Eſtates of
Lords Spiritual, Temporal, and Commons; and theſe long formal Spee-
ches very much retarded the Proceedings and Debates of the Houſe
,
which ſeems to be the reaſon of this Order. However, take the Speech
as I find it in ſeveral Prints, by which the Reader will ſee what the
Champion of the Age againſt Biſhops was able to ſay upon the ſubject.
Vol. II.
My
put into
1
ches as uopar-
liamentary.
M m
24
I
I
266
An Impartial Collection of all the memorable Events
Fune,
1 641.
I
The Lord vir
count Say and
Seal hisSpeech
againft Bi-
ſhops Votes,
doc.
* Biſhop of
Lincoln.
My Lords,
Shall not need to begin as high as Adam, in anſwer to what has been drawn
down from thence,by a *Biſhop,concerning this Queſtión; for that which is
pertinent unto it will only be what Concerns Biſhops as they are Miniſters of
the Goſpel,what was before being of another Nature) can give no Rule to chis.
The Queſtion that will lye before your Lordſhips in paſſing of this Bill, is not
Whether Epiſcopacy (I mean this Hierarchical Epiſcopacy, which the World now
holds forth to us) ſhall be taken away Root and Branch; but, Whether thoſe Exi-
berant, and ſuperfluous Branches, which draw away the Sap from the Tree, and divert
from the right and proper uſe, whereby it becomes unfruitfill, shall be cut off, as they uſe
to pluck up Suckers from the Root. The Queſtion will be no more but this, Whether
Biſhop's ſhall be reduced to what they were in their first advancement over the Preſby-
ters, (which although it were but a human device for the Remedy of Schiſme, yet
were they in thoſe Times leaſt Offenſive) or continuie ſtill with the Additiox of ſuch
things, as their own Ambition, and the Ignorance, and Superſtition of ſucceeding Times
did add thereunto, and which are noi continued for ſeveral Politic Ends. Things
heterogeneal, and inconſiſtent with their Calling, and Function, as they are Mi-
niſters of the Goſpel, and thereupon ſuch, as ever have been, and ever will be,
hurtful to themſelves, and make them hurtful to others, in the Times and Places
where they are continued: And theſe things alone this Bill takes away, that is
their Offices and Places in Courts of Judicature, and their Employments by obli-
gation of Office in Civil Affairs. I ſhall inſiſt upon this, to ſhew Firſt, how theſe
things hurt themſelves ; And Secondly, how they have made and ever will make
them hurtful to others. They themſelves are hurt thereby in their Conſciences,
and in their Credits; In their Conſciences, by ſeeking or admitting things,which
are inconſiſtent with that Function and Office, which God hath let them apart
unto. They are ſeparated unto a ſpecial Work, and Men muſt take heed, how
they miſemploy things dedicated and ſet apart to the Service of God; They are
called to Preach the Goſpel, and ſet apart to the Work of the Miniſtry, and the
Apoſtle faith, Who is ſufficient for theſe things ? ſhewing that this requireth the
whole Man, and all is too little; Therefore for them to ſeek, or take other Of-
fices which ſhall require, and tye them to imploy their Time, and Studies in the
Affairs of this World, will draw a guilt upon them, as being inconſiſtent with
that which God doth call them and ſet them apart unto. In this Reſpect our
Saviour hath expreſly prohibited it, telling his Apoſtles, That they ſhould not
Lord it over their Brethren, nor exerciſe Juriſdiction over them, as was uſed
in Civil Governments among the Heathen: They were called Gracious Lords,
and exerciſed Juriſdiction as Lords over others, and ſurely they might lawfuliy
do ſo : but to the Minifters of the Goſpel, our Saviour gives this Rule, It ſhall
not be done ſo by your; If ye ſtrive for Greatneſs, he ſhall be the Greateſt, that is
the greateſt Servant to the Reſt : Therefore in another place he faith, He that
putteth bis Hand to the Ploid, and looketh back to the things of this World, is not fit for
the Kingdonr of God, that is, the Preaching
of the Goſpel
, as it is uſually called.
To be thus withdrawn by intangling themſelves with the Affairs of this Life, by
the Neceflity and Duty of an Office received from Men, from the diſcharge of
that Office, which God hath called them unto, brings a Woe upon them; Woe
unto me, ſaith the Apoſtle, If I preach not the Goſpel
. What doth he mean? If I
Preach not once a Quarter, or once a Year in the King's Chappel? No, he him-
ſelf interpreteth it; Preach the Word, Be inſtant in ſeaſon, and out of ſeaſon,rebuke,
exhort, or inſtruct, with all long-ſuffering, and doctrine. He that hath an office,
mult atrend upon his Office, eſpecially this of the Miniſtery. The Practice of
the Apoſtles is anſwerable to the Direction, and Doctrine of our
Saviour. There
never was, nor will be, Men of ſo great Abilities and Gifts as they were
indued withal ; Yet they thought it ſo inconſiſtent with their Callings to take
Places of Judicature in Civil Matters, and Secular Affairs, and Imployments upon
them, that they would not admit of the Care, and Diſtraction that a Buſineſs
far
more -agreeable to their Callings, than theſe would caſt upon them; and they
give the Reaſon of it in the 6th of the Afts, It is not reaſon, that we ſhould leave
the Word of God, and ſerve Tables.
€
And
+
1
+
1
IL
1
TH'M
".
'"
from the Scotch Rebellion to the King's Murtber. 267
Fune,
I 641.
And again, when they appointed them to chooſe Men fit for that buſineſs,
they inſtitute an Office rather for taking care of the Poor, then they by it would
be diſtracted from the Principal Work of their Calling; and then ſhew how they
ought to employ themſelves; But wę (faid they) will give our felves continually to
Prayer, and to the Miniſtry of the Word. Did the Apoltles, Men of Extraordinary
Gifts, think it unreaſonable for them to be hindred from giving themfelves con
tinually to Preaching the Word and Prayer, by taking Care for the Tables of the
poor Widows, and can the Biſhops now think it realonable, or lawful for them
to contend for Sitting at Council Tables to govern States, to turn Stateſ-men
inſtead of Church-men, to Sit in the Higheſt Courts of Judicature, and to be
imployed in making Laws for Civil Polity and Government? If they ſhall be
thought fit to Sit in ſuch Places, and will undertake ſuch Imployments, they muſt
not Sit there as Ignorant Men, but muſt be Knowing Men in buſineſſes of State,
and underſtand the Rules and Laws of Government, and thereby both their
Time, and Studies muſt be neceſſarily diverted from that which God hath called
them unto; And this ſure is much more unlawful for them to admit of, then that,
which the Apoſtles rejected, as a diſtraction unreaſonable for them to be inter-
rupted by. The Doctrine of the Apoſtles is agreeable to their Practice herein,
for Paul when he inſtructeth Timothy for the work of the Miniſtery, preſleth this
Argument from Example of a good Souldier, No mani that Warreth intangleth
himſelf with the Affairs of the World: So that I conclude, That which by the Com-
mandment of our Saviour, by the Practice, and Doctrine of the Apoſtles, and I
may add, by the Canons of the Antient Councils, grounded thereupon, is prohi-
bited to the Miniſters of the Goſpel, and ſhew'd to be ſuch a diſtraction unto
them from their Callings, and Function, as will bring a Woe upon them, and is
not reaſonable for them to admit of; If they ſhall notwithſtanding intangle
themſelves withall, and enter into, it will bring a Guilt upon their Souls, and
hurt them in reſpect of their conſciences.
In the next place it doth blemiſh them, and ſtrike them in their Credit ;. ſo far
from Truth is that Poſition, which they deſire to poſſeſs the World withal, that
unleſs they may have theſe outward Trappings of Worldly Pomp added to the
Miniſtry, that Calling will grow into Contempt, and be deſpiſed." The truth is,
theſe things caſt Contempt upon them in the Eyes of Men. They gain them Caps,
and Courteſy, but they have caſt them out of the Conſciences of Men; and the
Reaſon is this, Every thing is eſtcemed as it is Eminent in its own proper Excel-
lency; the Eye in ſeeing, the Ear in hearing, not in ſpeaking; The one would
be rather Monſtrous than Comely; the other is ever acceptable being proper ;
So is it with them, their proper Excellency is Spiritual, the Denyal of the World,
with the Pomp and Preferments, and Imployments thereof, this they ſhould teach
and practiſe, but when they contrary hereunto ſeek after a Worldly Excellency
like the great Men of the World, and to Rule and Domineer
as they Contrary to
our Saviour's Precept, Vos autem non fic, but it ſhall not be ſo amongſt you ; .in-
ſtead of Honour and Eſteem, they have brought upon themſelves in the Hearts of
the People that Contempt and Odium which they now ly under, and that juſtly,
and neceſſarily, becauſe the World ſeeth that they prefer a Worldly Excellency,
and run after it, and Contend for it, before their own, which being Spiricual, is
far more Excellent, and which being proper to the Miniſtry, is that alone which
will put a Value and Eſteem upon them that are of that Calling.
As theſe things hurt themſelves in their Conſciences, and Credit, ſo have they,
and if they be continued, ſtill will make them hurtful to others : The Reaſon
is, Becauſe they break out of their own Orbe, and move irregularly; there is a
Curſe
upon their Leaving of their owu Place. The Heavenly
Bodies while they
keep within their own Spheres give Light, and Comfort to the World.; But if
they ſhall break out, and fall from their
Regular and proper Motions, they would
ſet the World on fire: So have theſe done, while they kept themſelves to the
Work of their Miniſtry alone, and gave themſelves to Prayer, and the Miniſtry
of the Word, according to the Example of the Apoſtles, the world received the
greateſt benefit by them, they were the Light and Life thereof, But when their
Ambition Caſt them down like Stars from Heaven to Earth, and they did grow
once to be advanced above their Brethren, I do appeal to all, who have been
verſed in the Antient Eccleſiaſtical Stories, or Modern Hiſtories, Whether they
M m 2
have
<
VOL. II.
.
1
1
I'
1
268 An Impartial Collection of all the memorable Events
June,
have not been the Common Incendiaries of the Chriſtian World, never ceaſing
from Contention one with another about the Precedency of their Sees, and
I 641.
Churches, Excommunicating one another, drawing Princes to be Parties with
them, and thereby Caſting them into Bloody Wars. Their Ambition, and In-
termedling with Secular Affairs and Stace-Buſineſs, hath been the Cauſe of ſhed-
ing more Chriſtian Blood then any thing elſe in the Chriſtian World, and this
no man can deny, that is verſed in Hiſtory. But we need not go out of our own
Kingdom for Examples of their Inſolency and Cruelty ; when they had a Depen-
dancy upon the Pope, and any footing thereby out of the Land, there were never
any
that carried themſelves with ſo muchScorn and Infolency towards the Princes
Lincoln. of this Kingdom as they have done. Two of them the Biſhop that laſt ſpake hath
named, but Inſtances of many more may be given; whereof there would be no End.
Although the Pope be Caſt off, yet now there is another Inconvenience no leſs
pre-
judicial to the Kingdom by their Sitting in this Houſe
and that is they have ſuch an
abſolute dependancy upon the King, that they Sit not here as Freemen. That
which is requiſite to freedome,is to be void of Hopes,and Fears; He that can lay
down there is a Freeman,and will be ſo in this Houſe ; But for
the Biſhops as the
Cafe ſtands with them it is not likely they will lay aſide their Hopes, greater Bi-
ſhopricks being ſtill in Expectancy: and for theirFears,they cannot lay them down,
ſince their places and Seats in Parliament are not inveſted in them byBlood and ſo
hereditary,but by annexation of a Barony to their Office,and depending upon that
* Office and thereby of their places at the King's Pleaſure they do not ſo much as Sit
here Dum benè fe gefferint, as the Judges now by your Lordſhips Petition to theKing
have their Places
granted them, but at Will and Pleaſure ; and therefore as they
were all Excluded by Edw. 1. as long as he pleaſed, and Laws made Excluſo Clero,
ſo may they be by any King at his Pleaſure in like manner they muſt needs there-
fore be in an abſolute dependency upon the Crown, and thereby at Devotion for
their Votes; which how prejudicial it hath been, and will be, to this Houſe I
need not ſay.
I have now ſhewed your Lordſhips how hurtful to themſelves and others theſe
things, which the Bill would take away, have been ; I will anſwer fome Ob-
jections which I have met withall, and then crave your Pardon for troubling you
ſo long.
Object. 1. It will be ſaid that they have been very antient.
2. That they are Eſtabliſhed by Lam.
3. That it may be an Infringement to the Priviledges of the Houſe of Peers, for the
Houſe of Commons to ſend up a Bill to take away. Some of their Members.
To theſe 3. Objections the Anſwer will be Eaſy.
1. To the Firſt, Antiquity is no good Plea; for that which is by Experience
found to be Hurtful, the Longer it hath done hurt, the more need there is now
to remove it, that it may do no more: beſides,other Irregularities are as antient
which have been thought fit to be redreſſed ; and this is not fo antient, but that
it may truly be ſaid, Non fuit fic ab initio.
2. For being Eſtabliſhed by Law, the Law-Makers have the ſame Power, and
the ſame Charge, to alter Old Laws inconvenient, as to make New that are
neceſſary.
3. For Privilege of the Houſe it can be no breach of it ; for either Eſtate may
propoſe to other by way of Bill what they conceive to be for public good, and
they have power reſpectively of accepting or refuſing.
There are two other objections, which may ſeem to have more force, but
they will receive ſatisfactory Anſwers.
The One is, That if they may remove Biſhops, they may as well next time remove
Barons, and Earls. For Anſwer.
t. The Reaſon is not the ſame, the one Sitting by an Honor inveſted in their
Blood, and hereditary, which tho it be in the King to grant alone, yet being
once granted, he cannot take away : The other Sitting by a Barony depending
upon
T
illu
a
from the Scotch Rebellion to the King's Murther. 269
Jure,
1 6:4 I.
upon an Office, which may be taken away; for if they be deprived of their of:
fice, they Sit not.
2. Their Sitting is not ſo Eſential, for Laws have been, and may be made,
they being all Excluded; but it can never be ſhewed, that ever there were Laws
made by the King, and them, the Lords and Earls Excluded.
Object. The other objection is this, That this Bill alters the Foundation of this
Houſe, and Innovations, which ſhake Foundations, are Dangerous.
Anſw. I Anſwer firſt, That if there ſhould be an Error in the Foundation,
when it ſhall be found, and the Maſter-Builders be met together, they may, nay
they ought.rather to amend it, than to ſuffer ic to run on Itill, to the prejudice,
and danger of the whole Structure:
2. Secondly, I ſay this is not Fundamental to this Houſe, for it hath ſtood
without them, and done all that appertains to the Power thereof without them
yea, they being wholly Excluded, and that which hath been done for a time až
the King's Pleaſure, may be done with as little danger for a longer time; and
when it appears to be fit, and for public good, not only may, but ought to be
done altogether by the Supreme Power.
3
If this Speech be well conſidered, ſetting aſide the flouriſh his Lord-
Ship makes with perverted Scripture, there is little in it that might de-
ſerve any Anſwer; for the whole is built upon theſe two falſe Founda-
tions :
Firſt, That the Biſhops are not one of the Three Eſtates in Parlia-
ment; an Opinion deſervedly Exploded both by Common and Statute-
Law, and by all Perſons of Senſe and Honor, Except ſuch as would
therefore have the King to be the Third Eſtate, that ſo by bringing in a
Co-ordinacy of Power, they may the better accompliſh their Anti-Mo:
narchical Deſigns; or at leaſt reduce the Ancient and Imperial Crown
of theſe-Realms, to the Condition of a Venètian Seigniory.
The Second of his Lordſhips unſound Foundations is, That it is abſoa
lutely Unlawful for Ecclefiaftical Perſons to intermeddle at all.in Secular
or Civil Concerns ; But his Lordſhip either did not conſider, or did for-
get that even St. Paul, by his own Confeſſion being a Tent-maker,
wrought with his hands, which is a Secular Employ, notwithſtanding
his Command to the Miniſters to be inſtant in ſeaſon,&c. and the Woe
to them that do not preach the Goſpel, upon which his Lordſhip builds all
his Speech. And it is obvious, that not only this hard labour muſt be a
greater hinderance to his diſcharging his duty, than what is here alledg-
ed againſt the Biſhops, but that Secular Employes are not abſolutely Un-
lawful even for an Apoſtle,much leſs a Bishop. And abating the Unlaw-
fulneſs, which this Inſtance for ever will ſuperſede, there can be no In-
convenience, but may be thought abundantly Recompenſed in a Chriſtian
Common-Wealth by the Sage and Religious Advice of theſe Learned,
Reverend and Pious Prelates, in framing Laws for a Chriſtian Society,
and the good Government of the State which is imbodied into the Church
in a Chriſtian Commonwealth ; and when this is winnowed from his
Lordſhip's Speech, all the reſt will
be but Chaff.
The Lord General produced a Letter ſent to his Excellency., from
The Soldiers
Sir Thomas Glembam at Hull, declaring the great Diſorders
, and Un- Diſorderly
rulineſs of the Souldiers there, and of the Mutiny,that lately was among for wallet
them ; in which Uproar one of their Captains was killed, and others Pay
.
threatned. And he further informed the Houſe; That the Army through
want of Money and Proviſions, is fo diſperſed into ſeveral places, that
they
The
.
1
: Y
1
11
:
Report of the
Calc between
Ely and the
Jeverely puniſhed.
270 An Impartial Collection of all the memorable Events
Fune, they are no Security to thoſe Parts in caſe the Army of the Scots Mould
1:64 1. advance.
Whereupon it was refolved to have a Conference withi tlie Com-
mons about the ſtate of the Army.
mitt
Munday, Mr. Whitlock Reports from the Committee to whom the Lady Hat-
June 7.
tons Complaint againſt the Biſhop of Ely was referred,
That Richard Cox Biſhop of Ely, in the 18 Eliz. made a Leaſe of ſome
the Biſhop of Old Buildings and Lands next Ely Houſe to Sir Chriſtopher Hatton Lord
Chancellor of England, for 21 Tears, he intending there to make a Ha-
Lady Hatton.]
bitation for himſelf. That 19 Eliz. Biſhop Cox Conveyed the Inheritance
to the Crown, the Intention of it for the Uſe of the ſaid Chancellor Hat,
ton, to whom it came afterward. In the Preamble of that Conveyance,
there was a Clauſe for the Biſhop of Ely and his Succeßors to redeem the
Premiſes, upon the repayment of ſuch Moneys as the Lord Chancellor
Hatton ſhould diſburſe, who disburſed in Building, One thouſand eight
hundred and ninety pounds odd Money: Chancellor Hatton intailed the
Premiſes, and they were after Extended for a Debt to the Queen, and
an Act of Parliament was paſſed to Enable the Sale of them by another
Sir Chriſtopher Hatton' who was ſeized by the Entail, and who did for
valuable Conſiderations 5 Jac. ſell the premiſes to the Lady Eliz. Hat-
tonthe Petitioner, who fince Expended in Building, Repairing and Im-
proving it, Seven Thouſand eight hundred pounds odd mony, and ever fince.
the purchaſe, being 34 Tears, till Nov. 14 Car. when the raw. Biſhop of
Ely Dr. Wren preferred his Bill into the Court of Requeſts, to have the
Houſe and Lands reſtored to his See by the Clauſe of Redemption in the
Conveyance from Biſhop Cox; pretending the had notice of it; She in
anſwer upon Oath denies that she had any notice of the Truſt, and none is
proved by the Biſhop; the Cauſe came to hearing in Nov. 15 Car. but
no Judgment, though the Lady Hatton moved they would do it;
this Suſpending of Judgment, my Lady complains is a great prejudice to
her. Whereupon it was
Reſolved,&c. That the ſuſpending of Fudgment in the Court of Requeſts
in the Caſe depending between the Biſhop of Ely and the Lady Hatton,
is an unneceſſary Delay.
Reſolved,&c. That the Lady Hatton is a Purchaſer upon valuable con-
fiderations, and hath been at great Expences in Building, Repairing and
Improving the ſaid Eſtate.
Reſolved,&c. That the Eſtate of the Lady Hatton being, good in Law,
is not redeemable in Equity, nor ſubje&t to the ſaid pretended Truſt.
Reſolved,&c. That the Bill depending in the Court of Requeſts between
the Biſhop of Ely and the Lady Hatton, ought to be diſmiſed upon the
merits of the Cauſe.
Lay-Preachers
After which the Lay-Preachers Spencer, Green, Robinſon, &c. who
reprehended. had been ſent for by Order of the Houſe, were called in, and Mr. Spea-
ker them a reprehenſion, telling them, That the Houſe had ge-
neral diſtaſt at this their proceedings, and that if they ſhould offend at
any time in the like kind again, this Houſe would take Care they ſhould be
It is Eaſy to Obſerve with what tenderneſs theſe Sacrilegious Invaders
of the Calling of the Miniſtry were treated by theſe High-flown Pre-
tenders to Reformation, who were diſmiſſed for this Offence againſt
God
and of
4
gave
독
​1
المي
.
Hai
!
1
from the Scotch Rebellion to the King's Murther. :
-271
God and all good men only with fair Warning and a Gentle Reproof; Fune,
when at the
ſame time the Orthodox and Regular Clergy who had a 1.641.
Lawful Commiſſion to ſpeak the Truth and ſtand up in Vindication of
the Church, were, upon every frivolous complaint from their. Enemies
the Sectaries, for every word which could be tortured to depoſe any
thing againſt the Proceedings of the Commons, ſent for in Cuſtody,
impriſoned, Outraged, Stigmatized, and many of them and their poor
and innocent Families utterly ruined and undone.
The Houſe of Lords being adjourned into a Committee during plea-
ſure, to Debate the Reaſons fent up from the Commons at the Confe-
rence touching the Biſhops not Voting in Parliament, and after a long
Debate the Houſe was reſumed.
.
Then the Bill was read a third time, Entituled, An Act for reſtrain- The Bili
ing Biſhops and others of the Clergy in Holy Orders from intermeddling, thrown out
in Secular Affairs
. And being put to the Queſtion, Whether it ſhould of the Lords
Houſc.
paß as a Law it was Reſolved by the Major part, That it ſhould not
Upon Letters this day Received from Sir Jacob Aſhley, it was decla- Tueſday, :
red, That notwithſtanding the Information of Mr. Darley against him, yet June 8.
he was in the good Opinion of the Houſe.
The Houſe was then informed that the Forty thouſand pounds, and
the Hundred and twenty thouſand pounds promiſed to be lent by the
City, were yet unpaid in, notwithſtanding many motions...
Hereby it appears, that Alderman Pennington did not always ſpeak
the Truth in that Houſe, when he informed them, That upon the King's
paſſing the Bill of Attainder againſt the Earl of Strafford, Money came in
as faſt as it could be told.
The Ceſſation of Arms continued a fortnight longer from the 24th of
June upon the ſame terms.
The Bills for taking away the Court of Star-Chamber, and Regulating Star-Chamber
the Proceedings of the Council Board, were read a ſecond time, and
paſſed.
Mr. Fines Reports from the Cloſe Committee, Matters concerning Report from
the Tower of London, the French, the Flight of the Gentlemen accuſed:
of a Conſpiracy in the Army, to bring them up to Aw the Parliament ; Committec
.
The Earl of Strafford's deſign to have made an Eſcape had he not keen
prevented; The Papiſts reſorting into Hampſhire towards Portſmouth,
and the Fortifying of it ; Mr. Fermyn's deſire to get Portſmouth into his
hands; And the French Troops drawing down to Callice, Diep, and
Granville.
Exceptions were taken at the Lord Digby for words ſpoken concern- Exceptions
ing an Oath, which Colonel Goring confeſſed he had taken to be fecret, saken againft
ſaying, he was a perjured man. After a warm Debate upon it, and he had for words con-
in his
Place Explained himſelf,yet the Houſe not being ſatisfied with it, he cerning Go-
was ordered to withdraw.
A Petition was this day read in the Houſe of Lords, declaring the The Fa&ious
great Diſorders committed in the Pariſh Churches of Saint Saviours and nurb the peo-
St. Olaves in Southwark, in time of the Adminiſtration of the Com- ple at the
munion; hereupon it was Ordered, That the Names of the particular Communion .
Offenders be given in to this Houſe, and then this Houſe wil give ſuch
Order therein as ſtands with Juſtice, and the Deſert of the Cauſe,
Theſe were the Men for Reformation, whom nothing, not the moſt
Sacred Duty of Chriſtian Religion, could keep within the Lounds of De-
The
.
and Council
Table Bills
read, and
ring's Oath.
.
cency and Order.
;
Order of the
Lords about
ror.
Fune 9.
Sir William
.
and Sir Her-
272 An Impartial Collection of all the memorable Everits
June,
The Lords finding themſelves Extremely Preſſed by the bringing
I 641.
Writs of Errors upon Judgments into their Houſe, whereby the Publique
w Affairs were much retarded, made this Order.
Ordered, That ſuch perſons that bring in Writs of Error into this
Writs of Er Houſe upon a fudgment given in a Court of Juſtice, and if it appear
that there is no Juſt Cauſe of Error in the ſaid Judgment, buť mèrely for
delay of Juſtice and Execution, that then ſuch Coſts is to be given againlt
the Parties that bring the Writ of Error, as the Houſe Jhall think fit
to give in that Caſe ; And that the Record ſhall be remitted whence it
came, that the Defendant may take out Execution upon the Judgmént.
Wedneſday,
The Houſe of Commons Sitting late the laſt Night upon the Debate
concerning the Lord Digby, and ſome perſons calling for Candles, which
the major part oppoſed, being inclined to riſe, but by miſtake the Can-
dles being brought in, and Sir William Widdrington and Sir Herbert
ividdrington
Price taking them from the Serjeant without a General Command, ivlich
bert Price ſent occaſioned a great diſturbance in the Houſe. Mr. Hollis made a Speech
for the Tower in aggravation of their Offence, ſhewing, That the Houſe of Commons
bringing
being a Rule and Example of Order, there ought to be no Diſorders within
againſt the
thoſe Walls; for that if there were ſuch within, well might it be Expected
there would be without, and that it might be the occaſion of shedding
much blood among themſelves, if upon ſuch a difference Parties ſhould
have ſided one againſt another. Whereupon, though both the Gentle-
men made their Submiſſion and craved the Pardon of the Houſe, yet
they were immediately committed Priſoners to the Tower during the
Pleaſure of the Houſe.
The Houſe then fell upon the laſt Nights Debate concerning Colonel
Goring's Diſcovery, and it was
Reſolved,&c. That Col. Goring in his Depoſitions concerning the Diſco-
ring's diſcove- very, has done nothing contrary to Juſtice or Honor, but has therein de-
ſèrved well of the Commonwealth and of this Houſe.
By this time I doubt not but the Reader's Curioſity will prompt him
to know the meaning of this Conſpiracy, which made as much noiſe
in London, and indeed throughout England, as ever the famous Conſpi-
racy of Caraline did at Rome, I will give him the beſt Information I can
from the 'Memoires of the Lord Mancheſter, and in his own words.
in Candles
deſire of the
Houſe.
Vote in favour
of Colonel Go-
ry.
1
.:
An Account
of the Conſpi-
racy in the
Army, from
the Memoires
of the Earl
of Mancheſter.
CC
ď
.
C6
prevent the Earl of Strafford's Death,' ſaith be, ſeveral Deſigns
had been upon the Wheel, but all failed, therefore it was con-
“ ſulted how to Engage the Army in the North to ſerve the King in
order to his Freedom from the Parliaments Fetters metre le Roy hors
paye, as the Royaliſts terined it. This occaſioned ſeveral Addreſſes
“ to the Principal Commanders in the North ; but they were fearful
“ and backward to entertain any Motions or Propoſitions which might
put them upon a breach with the Parliament.
« But Mr. Percy and Mr. Fermin finding a great diſcontent in thoſe
6 Commanders of the Army. who were Members of Parliament, as Col.
Wilmot, Col. Aſhburnham, and Col. Pollard, who thought that their
“ Services had merited much better of the Parliament, then that the
Scotch Officers and Scots Army ſhould be preferred before them in
“ their Gratuities and in their Pay.
“ Theſe Commanders owning that the Parliament had diſobliged
“ them, gave Mr. Percy a riſe to preſs with greater Earneſtneſs'his delign
of
Hii
+
1
I'M
11,111
אירו
гЊн
WE
!
F
C
INT
CC
- from the Scotch Rebellion to the King's Murther. 2.73
of Engaging them to ſerve the King; and to thàt End an Oath of Se-
June,
crecy was.Iframed, and others were admitted into their Confederacy,as. 1641
« Mr. Fermin and Mr. Goring, and Propoſitions were framed.
“But it fell out in this as in moſt Conſpiracies of the like. Nature, that
though the ſame Oath was taken by all that met together, yet it was
noť taken by all with the ſame perſuaſion or intention.
For Col. Goring whoſe Ambition was not anfwered in being promia
ſed the Place of Lieutenant General of the Army, and finding others
employed whoſe perſons hè diſliked, he having a full Information from
Mr. Percy and Mr. Fermin of all the Deſign; thought it would tend
“ moſt to his Security and Adyantage to reveal the Conſpiracy,and being
verſed in all the Metliods of falfood, he choſe the Time and-Means
" which he thought would be moſt acceptable and obliging to the Par:
" liament. :.
He therefore, firſt imparts it to the Earl of - Newport, who was his
particular Friend, and deſired him to bring him to ſome other Lords
of the Parliament, ſuch as might be moſt likely to prevent that Mif-
"chief which was intended : and accordingly the next day about Eveni-
ing the Lord Newport brought him to the Earl of Bedford, and the
“ Lord Mandeville, to whom he firſt made a. Proteſtation of his Fidelity
to the Parliament, and of his readineſs to run all hazards for the Safety
of it.
Then he imparted the ſubſtance of the Deſign, and deſired them to
make what Uſe of it they thought fit for their own and the Common-
“ wealths Security, but not to bring him as the Accuſer of the Perſons,
except Neceſſity did require it.
The Lords who had this Deſign revealed unto them, thought it ne-
ceſſary to diſcharge themſelves, and communicated it to ſome Mem-
bers of the Houſe of Commons, by whoſe Advice it was agreed, Thať
Goring ſhould repair to his Government at Portſmouth, and that ſo ſoon
as he was gonc, the Perſons whom he had diſcovered to be Actors in
“this Deſign, ſhould be apprehended; but private Notice being giver
" to Mr. Percy and Mr. Jermin, they prevented the Juſtice of the Par-
“ Jiament by their Eſcape out of England.
Mr. Percy with ſome difficulty and hazzard took Shipping in a pri-
vate Port in Sußex, Mr. Fermin ventured upon Goring's Faithfulncſs to
him, and brought unto him a Warrant under the King's Hand to ſee
".. liim ſafely tranſported in one of his Frigots, which he obeyed with
Care and Readineſs, though at the ſame time the Parliament had ſent
Orders to him by Commiſſioners authorized under the Great;Şeal ac-
cording to the King's Directions to apprehend him, but he pretended
" the Orders came not time enough: And at the ſame time he took art
« Oath which was adminiſtred by the King's Authority under the Great
Seal, to be True and Faithful to the King and Parliament,and keep the
Town of Portſmouth for their Uſe, and not to deliver it but by both
« their Conſents.
“The Plot being made known to the Houſe of Commons, they're-
ſented it as a thing of very dangerous Conſequence, and found it ne-
ceſſary therefore that Mr. Goring ſhould own the Diſcovery
of the
Deſign ; and immediately he was ſent for by the Houſe of Commons
" whereof he was a Member; and
being preſent there he was command-
“ed to declare his Knowledg of the Deſign. Upon this Command he
« Expreſſed himſelf in theſe Terms :
Vol. II.
Nn
a
C
<C
C
“ Having
+
V
1
h.
1,
I
An Impartial
Collection of all the memorable Events
274
June,
1 6:41.
.cc
CC
1
(6
66.
ac
(C
(C
}
(C:
1
CC
Having been told, that there was an Intention to Unite the Forces
“ of our-Army, and to put them into a Poſture of being able (if not pur-
poſe of being willing) to interpoſe in the Proceedings of Parliament,
“I hearkened to tlïe Propoſitions of ſoliciting a Redrets for the Miſeries
“ of the Souldiery (being the firſt ſtep to this) in reſpect of the preſent
Neceſſities of it; not any future.-conſequence of trouble to thoſe that
were to procure our Relief: But left the manner of asking this, or the
« Effect of it, being obtained, might be leſs juſt than the thing it felf
which was deſired, and I might be involved in their Crime that had
further Ends perhaps, than merely the Redreſs of our Armies Grie--
vances; I thought it notamiſs-to take fome Witneſs of my Integrity
along withi'me; and ſpake to a Noble Lord the very fame Day when
« I aſſured him, there were ſome Officers of the Army that were leaſt
thought on, that had not the greateſt Zeal to the Proceedings of this
Hoúſejand I thought there would be an occaſion to let him know more
“ of it within few Days.
“ After this Mr. Fermin and I being admitted into a Conſultation
where we were tied to Secrecy by an Oath in the Company of thoſe
“ Gentlemien I have named in my Depoſitions, where their purpoſe was
“ declared to us in fome Propoſitions which were to this Effect
Firſt; putting the Army into a Poſture to ſerve the King. ist
Secondly, Tendring a Declaration to the Parliament, containing,
« That no Act of Parliament ſhould be made contrary to any former
" Act which was Expreſſed, That Epiſcopacy ſhould be kept up as it
is now
Thirdly, That the King's Revenue ſhould be Eſtabliſhed.
This I thought unlawful for our undertakings, ſince they intended
to interpoſe in the Determinations of this Houle, and it belongs to an
Army to maintain, not to contrive the Acts of State.
I objected therefore againſt their Propoſitions, and more the Follies
and Difficulties, than the irregularities of them, not only becauſe I
thouglit Reaſon a greater Argument with them than Conicience, but
becauſe I was ſo unhappy of the two to be thought a worſe Common-
wealths-man than a Souldier, and in that quality could procure moſt
" Credit: for my words. I endeavoured to ihew them, that as the De-
ſign would be impious if the moſt deſperate Counſels had been fol-
lowed, fo'it would liave been the weakeſt that ever was undertaken
if they were omitted. And whereas I ain ſaid to have a part in this
“ Violent Councel, till the day before tliis Meeting, I never heard word
" of it, ảnd knew not wlien I came to the Room, whether theirs were
not the ſame with the other ; Tliis they may witneſs for me, and that
“ I declared I would liave to do with neither, and that I expreſſed con-
"temptlof our meeting in that manner.
But Irely upon the Teſtimony of ſome Noble Lords of his Majeſties
“ Council and others; how I' proteſted againſt all thoſe violent Councels
even in the Birth of them, and with what Piety I looked towards the
« Perſon of his Majeſty and the whole Kingdom in this Buſineſs; I ap-
peal alſo to them and ſome Members of this Houſe, what my Carriage
was towards theſe Gentlemen, that were imbarqued in theſe Under-
takings, intending rather to prevent a miſchief by abandoning their
“ Councels; than to ruin them by diſcloſing them: But miſtake me
riot; för lad I known of any former Plot proceeded in, that could
indanger or diſturb the Quiet of his Majeſty, or the Peace of the King-
CC
1
M
CC
06
C
in
c. dom
*
+
f
#
CC
1
(6
4
made a Baron.
1
from the Scotch Rebellion to the King's Murther. 275
dom, I ſhould not have been contented with declaring mine own In Fune,
nocency,nor have ſtayed till the Commands of this Houſe,or an Oath 1641.
Extorted from me a diſcovery ; but by a haſty open Declaration have
“ broke the Laws of Ainity and Friendſhip and all formerTyes to the
pre-
“ fent Duty of a Subject,and as freely Expoſed the Knowledg of all to the
“ View of the World, as I have been tender in publiſhing theſe Purpoſes,
even to my neareſt Friends, which had weight enough to cruſh no-
thing but the Undertakers of it. And certainly if they had ſtayed
where I left them, there was no Concluſion at all.
It appears there were two ſeveral Intentions digeſted by others be-
fore they were communicated to me; and I know not whether my
hearkening to them was a fault, but I am ſure it was no misfortune.
By what hath been related, the Reader will Eaſily perceive for what Thurſday,
Reaſon my Lord Digby thought himſelf Obliged to ſpeak fo ſharply Fune 1o.
againſt Colonel Goring, as by his own Confeſſion guilty of a Wilful Per- / The L. Dieby
jury, as Entring into the Oath of Secrecy purpoſely with an Intention to House of com-
diſcover the Confederacy.But all this would not Satisfie the Faction,who mons
, but
had entertained a mortal diſpleaſure againſt him for his Apoſtacy, as they
called it, in declaring ſo frankly his Opinion againſt the Bill of Attain-
der againſt the Earl of Strafford; for though their Reſentments ſlept ſome
time, it was only to gain a fit opportunity to diſcover their Revenge to
purpoſe ; and therefore laying hold of theſe Expreſſions againſt Colonel
Goring, he was this Day by vote Expelled the Houſe as unworthy to
continue any longer a Member of it, and Mr. Speaker was Ordered to
give Directions to the Clerk of the Crown to iſſue out a Writ for a new
Election in his Place.
But this was only to ſhew their Revenge ; for this very day he was
introducted with the Uſual Ceremony into the Houſe of Lords, and
placed next below the Lord Brook,his Writ being dated the 9th of June,
17 Caroli Regis : And immediately upon this it was
Ordered, That the Lord. Digby be added to all the ſtanding Commit-
.
The Names of the Perſons complained of Yeſterday for Diſorders in The Names
the Church, were this day given in to the Houſe of Lords. Thoſe that of thoſe that
pulled down the Rails about the Communion Table in St. Saviour's
Church in Southwark, were
William Smiſter, William Shepheard, Toby Grotwick, Hugh Barcock, munion, and
George Ewer, George Pitcher, Tho. Law.
The Names of thoſe that committed the Diſorder in the Church of St. it.
Olaves in Southwark in time of adminiſtring the Communion,
Robert Wainman,
Bonace, Hugh Evans, John Moor.
Ordered, That the perſons aforenamed be ſent for to appear before this
Houſe as Delinquents to anſwer their ſeveral
Offences.
The Commons fell this Day upon the Root and Branch Bill, and the
Friday,
Houſe being reſolved into a Grand Committee of the whole Houſe, the Fune íi.
Title of the Bill was firſt Voted, and many Speeches and Arguments Debare about
were on both ſides Urged for and againſt it; but it is my Misfortune, as
boliſhing Epif-
I muſt always complain, as well as the Reader's loſs, that he can hear copacy
little of the matter but Ex parte: for ſuch was then the prevalency of
the Faction, that what Ever was ſpoken in the behalf of Epifcopacy, was
ſtifled, diſcouraged and ſuppreſſed, and in this ſmall Tract of time ſince
Vol. II.
Nn 2
the
tees.
committed
the Diſorder
at the Com-
Order about
the Bill for a
ec
1
1
37
+
11
1
I
4
276 An Impartial Collection of all the memorable Events
Fune, the Revolution utterly loſt and forgotten; whereas all the Speeches of
I 6 41:
the Leading Men of the Faction,were either by their own or by the Or-
der of the Houſe Printed, Publiſhed and Diſperſed throughout the King-
dom; by which Art they did not only then perſuade the Nation, who ſaw
nothing in Anſwer to theſe Libellous Speeches,that their Reaſons were un-
anſwerable,but they came by falling into ſo many hands to be preſerved,
hope as Eternal Monuments of Infamy to their Authors, and Excellent
Cautions to future Ages, who will Eaſily be able to Judge when they
hear of the like Speeches, what a kind of Reformation, and what defences
of Liberty and Property they are to Expect from ſuch pretended Patriots
and Speech-makers, who pull up the very Foundations of the Govern-
ment under the pretence that it is Unſound and Rotten.
And indeed were it not that theſe Collections are generally like to
fall into ſuch Judicious hands as will be able to ſeparate the inſinuating
Malice and Poiſon from them, and thereby make them Uſeful, by fra-
ming Arguments againſt them, and winnowing the Chaffy part of their
reaſoning from them, I could not judge it Expedient to tranſmit theſe
four Grapes to Poſterity ; nor to revive them, did I not believe they
might ſerve as uſeful precautions to preſerve their Teeth from being ſet
on Edge.
Upon this ſubject Sir Henry Vane who was now become not on-
ly the Proſelyte, but Favourite of the Faction, for the Famous Blow
he had given the Earl of Strafford, made this inſuing Speech at the
Committee of the whole Houſe, Mr. Hide being in the Chair.
11
1
1
1)
I
1
+
T
1
::
Mr. Hide,
Sir Henry
HE Debate we are now upon is, Whether the Government by Archbiſhops,
Vane's Speech Biſhops, Chancellors, ſhould be taken away out of the Church and Kingdom
againſt Epir. of England ? For the right ſtating whereof, we muſt remember the Vote
copal Govern- which paſſed Yeſterday not only by this Committee, but the Houſe, which was
ment,June II.
to this Effect: That this Government hath been found by long Experience to be a great
1641.
impediment to the perfe&t Reformation and Growth of Religion, and very Prejudicial to
the Civil State.
So that then the Queſtion will lie thuş before us, whether a Government, which
long Experience batle ſet fo illa Charakter upon, importing Danger not only to our Reli-
gion, but the Civil State ſhould be 'any longer continued amongſt us, or be utterly abo-
liſhed ? For my own part, I am of the
Opinion of thoſe, who conceive that the
ſtrength of Reaſon already ſet down in the Preamble to this Bill by Yeſterdays
Vote, is a neceſſary deciſion of this Queſtion: For one of the main Ends for
which Church-Government is ſet up, is to advance and further the perfect Refor-
mation and Growth of Religion, which we have already Voted this Government
doth contradict; ſo that it is deſtructive to the very end for which it ſhould be,
and is moſt neceſſary and deſireable ; in which reſpect, certainly we have cauſe
enough to lay it alide, not onely as uſeleſs, in that it atcains noc its end, but as
dangerous, in that it deſtroyes and contradicts it.
In the ſecond place, we have Voted it prejudicial to the Civil State, as having
fo powerful and ill an influence upon our Laws, the Prerogative of the King and
Liberties of the Subject, that it is like a ſpreading Leproſie, which feaves:rtoching
untainted, and uninfected which it comes near.
May we not therefore well ſay of this Government, as our Saviour in the Fifth
of Matthew ſpeaks of Salt, (give me leave upon this occafion to make uſe of Scri-
pture, as well as others have done in this Debate) where it is ſaid that Salt is good;
But if the Salt bath loſt its favour, wherewith will you ſeaſon it? It is thenceforth
good for nothing, but to be caſt out, and trodden under foot of men : So Church-Go-
vernment, in the general, is good, and that which is neceſſary, and which we all
déſire;
+
-
!.
1
t
-
.
"
1
1
I
1
Thu
1
from the Scotch Rebellion to the King's Murtber.
1
277
June,
I 641.
1
..
!
be so
few
deſire; but when any particular Form of it hath once loſt its favour, by being de-
ſtructive to its own ends, for which it is ſet up, (as by our Vote already paſſed
we ſay this hach) then ſurely, Sir, we have no more to do but to caſt it cut, and
endeavour, the beſt we can, to provide our ſelves a better.
But to this it hath been ſaid, That the Government now in queſtion,
may
amended and reformed, that it needs not be pulled quite domn cr aboliſhed, becauſe it is
conceived, it hath no original fin, or evil in it: or if it have, it is ſaid, regeneration
will take that amay.
Unto which I anſwer, I do conſent that we ſhould do with this Government,
as we are done by in regeneration, in which all old things are to paſs away, and
all things are to become new; and this we muſt do, if we deſire a perfect Refor-
mation, and growth of our Religion,or good to our Civil State. For the whole
Fabrick of this Building is ſo rotten and corrupt, from the very Foundation of
it to the top, that if we pull it not down now, it will fall about the Ears of all
thoſe that endeavour it, within a very years.
The univerſal rottenneſs or corruption of this Government,will moſt evident-
ly appear by a diſquiſition, into thele enſuing pérticulars.
Firſt, Let us conſider in what Soil this root grows; Is it not in the Pope's Pa-
radiſe?' do not one and the fanie Principles and Grounds maintain the Papacy,or
univerſal Biſhop, as do our Dioceſan or Metropolitan Biſhops? All thoſe autho-
ricies which have been brought us out of the Fathers and Antiquity, will they
not as well, if not better, ſupport the Popedome as the Order of our Biſhops?
So likewiſe all theſe Arguments for its agreeableneſs to Monarchy, and cure of
Schiſme, do they not much more ſtrongly hold for the acknowledgment of the
Pope, than for Our Biſhops? And yet have Monarchies been ever a wbit the
more abfolate for the Pope's univerſal Monarchy? or their Kingdoms leſs ſub-
ject to Schiſmes and Scditions ? Whatſoever other Kingdoms have been, I am
fure our Hiſtorics can tell us, this Kingdom hath not: and therefore we have
caſt him off long ſince, as he is forrain, though we have not been without one
in our own Bowels. For the difference between a Metropolitan, or Dioceſan, or
univerſal Biſhop is not of kinds, but of degrees : and a Metropolitan or Dioceſan
Biſhop is as ill able to perform the duty of a Paftor to his Dioceſs or Province,
as the Univerſal Biſhop is able to do it to the whole World: For the one can-
not do but by Deputies, and no more can the other; and therefore ſince we all
.
confeſs the Grounds upon which the Papacy ſtands are rotten, how can we deny
but theſe that maintain our Biſhops are fo too, ſince they are one and the fame.
In the ſecond place, let'us conſider by what hand this root of Epiſcopacy was
planted,and how it came into the Church.
It is no difficult matter to find this out; for is not the very ſpirit of this Or-
der a ſpirit of Pride, exalting it ſelf in the Temple of God, over all that is called
God? Firſt, exalcing it ſelf above its fellow Presbyters, under the form of a
Biſhop; then over its fellow Biſhops, under the title of Archbiſhops and ſo ſtill
mounting over thoſe of its own profeſion , till it come to be Pope, and then it
ſticks not to tread upon the necks of Princes, Kings, and Emperors, and tram-
ples them under its Feet. Alſo thus you may trace it from its firſt rife, and diſ-
cern by what Spirit this Order came into the Church, and by what door, even
by the back door of Pride and Ambition, not by Chriſt Jefus. It is not a Plant
which Gods right Hand hath planted, but it is full of Rottenneſs and Corrupti-
on ; that myſtery of Iniquity, which hath wrought thus long and ſo fit to be
plucked up, and removed out of the way.
Thirdly, Let us conſider the very nature and quality of this Tree or Roog in
its-ſelf, whether it be good or corrupt in its own natúre: We all know where
it is ſaid, A good Tree cannot bring forth corrupt Fruit, nor a corrupt Trce good Frxit.
Do men gather Grapes of Thorns, or Figs of Thiftles? By its Fruit tlierefore we
ſhall be fure to know it ; and according as the Fruits of the Governmcnt have
been amongſt us either in Church or Common-wealth, fo let it ſtand, or fall
with us.
T.
In
1
V
7
.
:
IHM
278 An Impartial Collection of all the memorable Events
June,
I 641.
In the Church.
4
"A
1
/
1
.
S it ſelf came in by the back-door into the Church, and was brought in byf
the Spirit of Antichriſt; ſo it ſelf hath been the back-door and in-let od
all Superſtition and Corruption into the Worhip and Doctrine of this Church;ano
the means of haſtening us back again to Rome. For proof of this, I appeal t-
all our knowledges in late years paſt, the memory whereof is ſo freſh, I need en
ter into no particulars.
A ſecond Fruit of this Government in the Church, hath been the diſplacing
of the moſt Godly and Conſcientious Miniſters; the vexing, puniſhing, and
baniſhing out of the Kingdom the moſt Religious of all ſorts and conditions,
that would not comply with their Superſtitious Inventions and Ceremonies;
in one word, the turning the edge and power of their Government againſt the
very Life and Power of Godlineſs, and the Favour and Protection of it unto all
Profane, Scandalous, and Superſtitious Perſons that would uphold their Party:
Thouſands of examples might be given of this, if it were not moſt Noto-
rious.
A third Fruit hath bin Schiſm and Fractions within our ſelves, and Alienation
from all the reformed Churches abroad.
And laſtly, the prodigious Monſter of the late Canons, whereby they had de-
figned the whole Nation to a perpetual Slavery and Bondage to themſelves, and
their ſuperſtitious Inventions : Theſe are the Fruits of the Government in the
Church. Now let us conſider theſe in the Civil State : As,
1. The countenancing all illegal Projects and proceedings, by Teaching in
their Pulpits the Lawfulneſs of an Arbitrary Power.
2. The overthrowing all proceſs at Common-Law, that reflected never ſo
little upon their Courts.
3. The kindling a War between theſe two Nations, and blowing up the
Flame as much as in them lay, by their Counſels, Canons, and Subſidies they
granted to that end.
4. The Plots, Practiſes, and Combinations during this Parliament, in all which
they ſeem to have been intereſted more or leſs.
Thus have they not contented themſelves with encroachments upon our Spi-
ritual priviledges, but have envied us our civil freedom, deſiring to make us
grind in their Mill, as the Philiftims did Sampſon, and to put out both our Eyes:
o let us be avenged of theſe Philistinis for our two Eyes !
If then the Tree be to be known by its Fruits,I hope you ſee by this time plain-
ly the nature and quality of this Tree.
In the laſt place give me leave for a cloſe of all to preſent to your conſiderati-
on the miſchiefs, which the continuance of this Government doth threaten us
with if by the wiſedom of this Committee they be not prevented.
Firſt, the danger our Religion muſt ever be in, ſo long as it is in the hands
of ſuch Governors as cản ſtand firmly in nothing more then its ruin; and whole
affinity with the Popes Hierarchy makes them more confident
of the Papiſts
, then
the profeſſors of the reformed Religion, for their ſafety and ſubſiſtence.
Secondly, the unhappy condition our Civil State is in, whilić the Biſhops have
Vote in the Lords Houſe, being there as ſo many obſtructions, in our Body Po-
litick to all good and wholeſom Laws tending to Salvation.
Thirdly the improbability of ſetling any firm or durable Peace ſo long as the
cauſe of the War yet continues, and the Bellows that blow up this Flame.
Laſtly, and that which I will aſſure you goes neareſt to my Heart, is the check
which we ſeem to give to Divine Providence, if we do not at this time pull down
this Government. For hath not this Parliament been called, continued, preſer-
ved, and ſecured by the immediate Finger of God, as it were for this work ?
had we not elſe been ſwallowed up in many inevitable dangers, by the practiſes
and deſigns of theſe men and their Party? Hath not God left them to themſelves,
as well in theſe things, as in the evil adminiſtration of their Government, that
he might lay them open unto us, and lead us, as it were, by the hand, from the
finding them to be the cauſes of our evil, to diſcern that their rooting up munt
be our only cure ? Let us not then halt any longer between two opinions, but
with
L
1
i
.
!
9
:
!!
!
I
ih
19
1
K
In
.
:
11
.
11
1
1
ul
.
*
+
PE
+
1
E
.
T.
.
th
from the Scotch Rebellion to the King's Murtber. 279
with one Heart and Reſolution give glory to God, in complying with his provi-
dence
, and with the good fafety and peace of this Church and State, which is by 164 1.
Fune,
paſſing this Bill we are now upon.
I cannot paſs by this Speech of Sir Henry Vanê's, fvithout a thort
Animadverſion upon that threadbare Topique which le builds the whole
Fabrique of his Harangue upon, of the Antichriſtianiſm of the very
Order of Epiſcopacy; whicli was the general Common Place of de-
claiming againſt the Hierarchy: and I do it tlie rather, becauſe this
Calumny hath like a Leproſie infected not only the Vulgar Minds of all
the Schiſmaticks in the Engliſh Dominions, but alſo many. Perfons of
better quality, and more abilities and opportunities to free themfelves
from being impoſed upon by ſuch fooliſh Impoſtures.
He tells you, The Root of it was Pride, the Biſhop'exalting himſelf
above the Presbyter, the Metropolitan above the Biſhop, and fo on. And
that the very spirit of this Order is a Spirit of Pride, Exalting it ſelf
in the Temple of God, over all that is called God; which is the very Cha-
racter the Apoſtle gives of The Anti-Chriſt.
Now that this Prelacy or Order of Epifcopacy was not that Åritichriſt,
is moſt manifeſt from both the Scriptures and the Eccleſiaſtical Hiſtory;
for either the beloved Apoſtle Saint John, who lived and dyed Biſhop of
Epheſus,and himſelf faw and doubtleſsOrdained many of thoſe Biſhops of
Áſia, muſt either be himfelf a member of Anti-Chriſt, or the Order is
not. Now let the Anti-Epiſcopal Men take hold of which Horn of the
Dilemma they pleaſe, I am ſure the Foundation of their Argument, and
all the Babel of Confuſion which is built upon it, muſt fall.
It was an unlucky appeal which in the End of his Speech he ſeems to
make to Providence; and the Signal Hand of Heaven in Reſtoring that
Government and this Church, together with the Fatal Cataſtrophe of
this unfortunate Gentleman and others his Colleagues, who were fo
violently bent upon Ruin of Root and Branch,are certainly, if Arguments
muſt be drawn from Providence, ſuch irrefragable ones in favour of
Epiſcopacy, as no Age Ever ſaw ſince Ifrael paſſed through the Red Sea
to the Land of Promiſe. 5.
For the Reader's better Satisfaction in this important Matter, the
want of a true and good Underſtanding whereof, gave no ſmall Affi-
ſtance to thoſe diſmal Calamities which afterwards befell the Miſerable
Nations, I will preſent him with a ſhort Abſtract of the Judgment of
Archbiſhop Vſner, whoſe Teſtimony I rather make Uſe of" in this par-
ticular, becauſe Even the Presbyterian Faction at that time ſeemed to
fer a great Value upon him as a Moderate, Learned and Pious Mari.
The Reverend and Learned Prelate fames Lord Archbiſhop of Armagh, an Abſtraå of
Primate of Ireland, did in the Year 1641. when this Debate was moſt Arch-Biſhop
-Violent, the Presbyterian Faction indeavouring to Extirpate Epiſcopacy nion of Epiſco
Root and Branch, and to Introduce the Scottiſh or rather the old He- pacy, belng of
retick Aërius his Parity and Identity of Prieſt and Biſhop, write a ſmall Inſtitution,
Pamphlet upon this ſubject, Thewing from the Records of Antiquity, 1641.
That the Apoſtles Ordained Biſhops to ſucceed them in all Churches
.
Which máy for Ever Silence theſe Gainlayers, who have nothing in
their Mouths but the Antichriſtian and Lordly :Prelacy; a Reproach
which if traced to the Original of this Inſtitution, will at laſt fall upon
the Apoſtles-themſelves, if not upon Him whom St. Peter ſtiles, The
Shepherd and. Biſhop of our Souls.* The Book was Printed by G. M. for
Thomas
.
-
i
.
។
1
10
t
+
.
1
5
.
1
I
ir
280 An Impartial Collection of all the memorable Events
Fune,
| Thomas Downes, and to be fold by William Lee at the Turk's Head in
1 64 1. Fleetſtreet, 1641.
To prove that thoſe whom our Tranſlation calls Elders, the Greek Pref-
byters, were ſubordinate to the Biſhop, he proves, That the ſame
Perſons whom. Št, John in the Revelation calls the Angels of the Churches,
were thoſe whom the Primitive Fathers and the Church then called Bi-
Shops, and particularly that Timothy. was Biſhop of Epheſus ; and that one
of thoſe Angels to whom St. John writes, was Succeſsor to him, which he
proves. First, by the Succeßion of Biſhops ; Secondly, by the Teſtimony of
Ignatius and others.
+
+
a na
ไเ
For the firſt, it was publickly declared by Leontius Biſhop of Magneſia,
in the General Councel of Chalcedon, Act. 2 und zo agio Tinglés uexet vűv
εικοσιέπία επισκόποι εγένονlo, πίνες, αν 'Εφέσο έχειesTψήθησαν. That from
Timothy, and therefore by undeniable conſequence from the very dayes in
which the Apoſtles lived, there had been a Continued succeſſion of Twenty
ſeven Biſhops, all of them Ordained in Eplieſus.
That Beza himſelf in his Commentaries .confeleth as much, that Timo-
tly had been ſometimes the necesa, or. Antiſtes or Preſident of the Ephe-
fian Presbytery, which is the Appellation which Juſtin Martyr gives into
him whom the other Fathers term.a Biſhop; and that Timothy was. Or-
dained Biſhop of the Church of the Epheſians, is confirmed by the Teſti-
mony of Eufebius, Hiſt.lib. 3. c. 4, as alſo by Two Ancient Treatiſes con-
cerning the Martyrdom of Timothy, one Anonymous in the Library of
Photius, the other bearing the name of Polycrates, who was himſelf Biſhop
of Epheſus, and born within 37 Tears after 'St. John wrote the Revela-
tions.
That Oneſimus was Biſhop of Epheſus, and conſequently the Angel of
that Church to whom St.John writ the Epiſtle in the Revelation, he proves
from Ignatius. Now Ignatius whom Theodoret in Dialogo 1. & Felix 3:
in Epiſtola ad Zenonem Imperatorem, recitata in 5 Synodo Coſtantino-
pol. Act 1. Tomo 2..,Concil. pag. 2:20. Edit. Binii Anno 1,606.. As alſo
Johan. Antiochenus. Chronic. lib. 10. M. S. report to have been Ordained
Biſhop of Antioch by. St. Peter, without all controverſie did fit in that. See
the very same time when St. John writ that Epiſtle to the Angel of the
Church of Epheſus.; for
. St. John writ bis Revelation towards the End of
the Empire of Domitian, as Ireneus teſtifies, or in the 14th Tear of his
Reign, as Euſebius and Hierom ſay, from thence there are but 12 Tears to
the 10th of Trajan, wherein Ignatius in that laſt Journey which he made
for the conſummation of his Glorious Martyrdom at Rome, wrote another
Epiſtle unto : the Church at Epheſus, making mention therein :of Oneſi-
mus as their Biſhop, and puts them in mind of their duty to him, and con-
curring with him as their worthy: Presbytery did: ::
He further tells us that Polycarpus was then Biſhop of Smyrna, when
St. John wrote toithe Angel of the Church there of whom Irenæus who did
no tonly know thoſe worthy men who ſucceeded Polycarp in that See, but alſo
was preſent when he himſelf did diſcourſe of his Converſation with St.
John, and of thoſe things which he heard from thoſe who had ſeen our Blef-
ſed Lord Jeſus, ſaith Kaj Tloruropa. j ugroy two 'Amsonww.passiteubeis,
και συναναφeαφείς και πολλοίς τοϊς η Χριςόν έωρακόσιν, αλλα και Αποςόλων κατα-
sodels
i
1.***
+
.HU
1
i
'
HI
+
L
, 14141465
.!
we
IN
+
*
,
".
1
5
1
281
11.
1
1
:
M
&c.
1
!
from the Scotch Rebellion to the King's Murther.
καθείς εις τίω'Ασίαν εν τη εν Σμύρνη εκκλησία επίσης G., όν και ημείς εώρακαμεν
εν τη πρώτη ημών ηλικία, 6 πολύ και παρέμεινε, και πάνυ γηeαλές ενδόξως και
ệmavésultee peaptupnoses étña In tê Bis. Polycarpus, faith he, was not only
a Diſciple of the Apoſtles, and converſed with many of thoſe who had ſeen
Chriſt, but was alſo by the Apoſtles themſelves conſtituted in Aſia Biſhop
of the Church in Smyrna, whom we our ſelves alſo did ſee in our Tounger
Tears, for he continued long, and being very aged, he moſt Gloriouſly and
Nobly ſuffering Martyrdom, departed this life. Iren. lib.3. cap.3.
He gives us an Account of what Irenæus and Tertullian write concerna
ing the Biſhops ſucceeding the Apoſtles writing againſt the Hereticks of
thoſe Early Ages, Habemus annumeràre cos qui ab Apoſtolis Inftituti
funt Epiſcopi in Ecclefiis
; et Succeſſores Eorum ufq; ad nos ; qui nihil
tale docuerunt neq; cognoverunt quale ab his deliratur, Iren. adverf
.
häreſ. Lib. 3. Cap. 3. We are able to number thoſe who by the Apostles
were Ordained Biſhops in the Churches, and their Succeßors unto our days,
Tertullian in his Book de Præſcrip. adverf. hxret. Cap. 32. p. 118. Si-
cut Smyrnæorum Eccleſia Polycarpuni ab Johanne conlocatum refert;
ficut Romanorum Clementem à Petro ordinatum edit ; perinde utiq;
et Cæteræ exhibent quos ab Apoſtolis in Epiſcopatum conſtitutos, Apo-
ſtolici feminis traduces habent. As the Church of Smyrna had Poly-
carpus placed there by John, and the Church at Rome Clement Ordained
by Peter; ſo the rest of the Churches did alſo ſhew what Biſhops they had
received by the appointment of the Apostles to propagate the Apoſtolical
Seed.
Thus far the Reverend Primate.
From whence it is as clear as the Brighteít day that ever enlightned
the World, That Epiſcopacy is a Government Inſtituted in the Church
by Apoſtolical Command; and how that ſhould be Unlawful or Anti-
Chriſtian, without charging the Holy Apoſtles, the Pillars and Founda-
tions of the Church, with the horrible Guilt of ſetting up Antichriſt
and his Kingdom, I think is impoſſible to be avoided.
And indeed ſo Great, fo Univerſal, and fo Powerful is the Truth in
this particular, that even the greateſt Propugnators of Presbyterian Go-
vernment and Parity liave been forced to confeſs it. Petrus Molinæus in
his Book de Munere Paſtorali, purpoſely written to defend the Presby-
terian Government, acknowledges, That preſently after the Apoſtles time,
or even in their time, as Ecclefiaftical Hiſtory witneſeth, it was Ordained;
That in every City one of the Presbytery ſhould be called a Biſhop, who
ſhould have preheminence over his colleagues to avoid confuſion, which fre-
quently ariſetly from Equality, and that truly this Form of Government all
Churches every where received.
And Theodore Beza in Tractatu de triplici Epiſcopatus genere, which
he faith was of three kinds, Divine, Humane, and Satanical, attributing
to the ſecond, which he calls Humane, but as before is proved plainly, is
Apostolical at leaſt, not only a priority of Order, but a fuperiority of
Power and Authority over other Presbyters, yet bounded by Laws and
Canons provided againſt Tyranny, yet is forced to acknowledg, That of
this kind of Epiſcopacy, is to be underſtood whatſoever we read con-
cerning the authority of Biſhops in Ignatius, and other Antient Wri-
ters.
Vol. II.
Oo
And
:
(
1
.
.
1
282 An Impartial Collection of all the memorable Events
June,
And to any perſon that will deliberately and without prejudice debate
1641. the matter with himſelf, it will appear, either, that the very
. Apoſtles
,
Uwere of the Confederacy to ſet up Antichriſtian Government over the
whole World, and where ever they founded Churches and Converted
Pagans, to bring them into Spiritual Sodom and Egypt, and Antichriſtian
bondage : Or that the Government is Innocent, Lawful and agreeable
to the Will of God, which muſt of Neceſſity be beſt known to thoſe
Miraculouſly
, inſpired Men upon whom the Cloven Tongues of fire de
ſcended, which were to lead them into all Truth ; and whether this will
not bring in Queſtion the truth of the Promiſe, and of Him who made
it; and by Conſequence, ſuch a Chain of Atheiſm and Impieties, as are
not fit to be named among Chriſtians, I leave to all men to conſider and
Judge.
Beſides, it is perfectly impoſſible to conſidering Men and thinking
Minds, to apprehend, that for ſo many Hundred Years, as from the
Apoſtles Age till of late, among all the Churches of Chriſtians in the
World, and among all the Presbyteries that in all thoſe Ages have yield-
ed ſubjection and been in ſubordination to this Government of Biſhops,
there ſhould be none found, whom either Conſcience of Duty, the Na-
tural Love of Liberty, or that Averſion which all Mankind have to Pride
and the Uſurpations of others over them, ſhould not once prevail with
them to oppoſe this General Defection and Apoſtacy, and Invaſion of the
Kingdom of Chriſt and Liberty of Chriſtians:
The Ingenuous will I hope Excuſe this Excurſion, which i though it
may appear out of my Road, is not out of my Profeſſion, nor I hope of
any Diſadvantage to the Reader.
Long-winded Mr.Thomas alſo took the Cudgets in this Quarrel againſt
Church-Government, and ſhot his Bolt as follows.
:
1
Mr. William
Thomas his
Dears and
I
Have-heretofore delivered the Reaſons that induced me to yield my ſeveral
Votes, touching the Corruption and unfoundneſs of the preſenç Epiſcopacy
Speech againſt and Church Government; ſo for the unlawfulneſs of their intermedling in se
cular affairs, and uſing Civil Power; as alſo the harm and noxioufneſs of their
Chapters,
June 11.1641.
Sitting as Members in the Lords Houſe, and Judges in that moſt Honourable
and High Court: Now I crave leave to do the like in ſhewing the Reaſons of
my. Vote concerning. Deans, and their Office ; I ſay that my opinion then was,
and now is, that as the Office is unneceſſary, themſelves uſeleſs, ſo the ſubſtance
of the one, and continuance of the other, needleſs; nay rather, as I will de-
clare, moſt hurtful, therefore may eaſily be ſpared, nay rather ought to be abo-
liſhed'; my reaſons are theſe, that the Office of Deans doth neither tend or
conduce (as ſome have alledged) to the honour of God, the propagation of
Piety, the advancement of Learning; or benefit of the Commonweal, but è
cortret, that they occaſion the diſhonour and diſſervice of God, the hinderance,
if not deſtruction of Piety, the ſuppreſſion and diſcouragement of Learning and
Learned Men, and the detriment and prejudice of Church and Commonweal 3
this I conceive I Mall make moſt apparent, if time and your patience will permit:
But firſt I humbly crave leave (and I think it will not be impertinent) to declare,
what Deans were Originally in their firſt Birth ,; Secondly, what in their en-
creaſe and further growth; and Laſtly, their preſent condition, being at their
full
, and, as I think, their final period.
Ás to their Original, it is not to be denyed but themſelves and Office, are
of great Antiquity, Saint Auguſtine declaring both
; but I do not ſay that it is
an ancient Office in the Church, but what Officers Deans then were, be pleaſed
to hear from Saint Auguſtin's own delivery in his Book de Moribus Ecclefia Catho-
lice, if that Book, as alſo that of Monachorum be his, which Eraſmus and others
have doubted: The Monks (ſaith he) for their more retiredneſs and better con-
· templation,
1
1
4
IL
.
.
ho
1
from the Scotch Rebellion to the King's Murtber. 283
E
Fune,
1 641.
NE
-
!
P
templation, appointed Officers which they called Decanos, the Office of them,
and why they were ſo called, he delivereth in theſe words as near as I remem-
ber, Opus autem tradunt illis quos Decanos vocant, eo quod funt denis prepoſiti, ut ne-
minem illorum cura ſui corporis tangat, neque in cibo, neque in veſtimento, neque ſi
quid aliud vel quotidiana neceſſitate
vel mutata (nt
affolet) valetudine, bi autem Decani
magna ſollicitudine, omnia diſponentes & preſto facientes quicquid illa vita
propter
imbecillitatem corporis postulet.
Here we ſee the Office of Deans in Saint Auguſtin's time, antiquity ſufficient,
but not antiquity, for being Officers of the Church ; therefore they do not
rightly plead antiquity, as to the point now controverted, the queſtion being
whether the Office as now it is exerciſed, be the ſame that it was then ; ſure they
ſhall find it not only different, but in a manncr quite contrary; they are deceiv-
ed that urge it, but they are to know that this judicious Houſe is able to diſcern
and diſtinguiſh a counterfeit Face of antiquity from the true, and in vain do
they (with the Gib.) Labour. to deceive us by old Sacks, old Shoes, old Gar.
ments,old Boots,and old Bread that is dry and mouldy; therefore to no parpoſe,
and cauſeleſs do they charge us to affect Novelty, and to offer to take away
Church-Governors and Government. What theſe men, I mean Deans, were
Originally, we ſee, how they came to be Presbyters, and of the Miniſters, and
for what cauſe, I ſhall hereafter declare ; but we may not think this charging of
us as Innovators ſtrange, when as Chriſt himſelf had his Doctrine cen{ured as
new, what Doctrine is this faith the Fews ? Mark 1. 17. We are not then to ex-
pect that we ſhall eſcape the like cenſure of innovating.
The Servant is not above his Lord, nor the Diſciple above his Maſter; and
indeed ſo Saint Paul found it, for the Greecians made the ſame demand to him :
May we (ſay they) know what this new Doétrine is, whereof thou ſpeakeſt?
AEts 17. But let us liberare animas noſtras ; conſcientic ſatisfaciamus, nihil in fa-
mam laboremus, conſentiamus in eo quod convenit, non in eo quod traditum.
But to return where I left, granting the Name and Office, we find them to
be only Caterers or Stewards, to provide Food and Raiment for the Monks,
whoſe Garments, as they were not coſtly, ſo was not their fair dainty, being
but Bread and Water, as witneſſeth Saint Jerome, Athanafius, Theodoret, and
others. And Surisss in the life of Pachonins, written 1200 Years ſince, teſtifi-
eth the ſame. To have the like Imployment row, I neither deny nor envy
them.
Well now, Let us ſee how they increaſed in authority, and came to be ac-
counted Officers of great Dignity; then' thus, when for the Auſterity of their
Lives, and Opinion of their lanctity, Princes and others did beſtow Lands and
Revenues upon the Monks, then their prapofiti the Deans did partake of their
Honors and poſſeflions, and then began the corruption and poyſoning of them;
Tunc venenrım infunditum in Decan.religio peperit divitias á filia devoravit matrem.
Anſwerable whereto is that of Saint Ferone, In vitas Patrum, ſince Holy
Church increaſed in Polleflions, it decreaſed in Virtues; the like harh Saint Ber-
nard, and many others.
Thus we ſee that the Spring that was clear in the barren Mountains, deſcen-
ding down to the richer Vallies, becomes thick and muddy, and at laſt is ſwal-
lowed by the briniſh Ocean ; Salſum perducles imbibit Æquor aquas. But to de-
liver it in the words of an Honourable Author : Time, faith he, is moſt truly
compared to a Stream that conveyeth down freſh and pure Water into the ſale
Sea of Corruption, which invironeth all Humane Actions, and therefore if a
Man ſhall not by his Induſtry, Vertue, and Policy, as it were with the Oar,
row againſt the Stream and Inclination of Time, all Inſtitutions and Ordinan-
ces (be they never ſo pure ) will corrupt and degenerate ; which we ſhall ſee
verified in Deans, and their Officers. For now being endowed with great Pof-
ſeſſions, it was ordained they ſhould be choſen out of the Presbytery to that
place, Në fit Decanus niſi Tresbyter, as I find in Saint Bernard. Well, did they
reſt in this state and Condition? No, they muſt be Civil Magiftrates,
Chancel
lors, or Reepers of the Seal, Lord Treaſurers, Privy Councellors, or what have
they not of Lay-Offices, Dignities and Titles? I will not trouble you with
enumeration of particular Deans, I will only cite one, though (if the time per-
mitted ) I might incite twenty one, and that is a Dean of Pauls, about Anno
1197. who was made Lord Treaſurer, who carrying that Office, quickly hoard-
002
ed
1
1
Vol. II.
1
!
1
1
*
284 An Impartial Collection of all the memorable Events".
June
ed up a great Treaſyre ; at laſt falling into a deadly Diſeaſe paſt recovery, he
I 6 41.
was exhorted by the Biſhops and great Men, to receive the Sacrament of Chriſts
Body and Blood, which he trembling at, refuſed to do; whereupon the King
admoniſhed and commanded him to do it, he promiſed him thereupon to do it the
next Day. Being admoniſhed to make his Will, he commanded all to avoid
the Room but one Scribe.' Who beginning to write his Will in the accuſtomed
Forms, In the name of the Father, of the Son, cc. The Dean perceiving it,com-
manded him in a Rage to blot it out and theſe Words only to be written: I be-
queath all my Goods to my Lord the King, my Body to the Grave, and my
Soul to the Devils; which being uttered, he gave up the Ghoſt. The King
hereupon commanded his Carcaſs to be carried in a Cart, and drowned in the
River. Good God, what a Change is this from being humble Servants to poor
Monks, to become proud Prelates, Peers to Princes. Quantum mutati ab illis,
nunc Cigni qui modo Corvi: They now forſake their Templa paupertatis, c Templa
pietgtis, tanquam noxia numina, and only allow and make choice of Templa honoris
,
Templa fortune. They then took care for the poor Monaſtery, but now
poorly care for the Miniltery, and tº ſpeak no leſs truly then plainly, they do.
either juſt nothing, or ( what is worſe ) nothing that is juſt. But not to trace
them further, Let us examine what their preſent office is, which we find ſo ho-
noured and dignified.
In the Conſtitutions of Henry the eighth, and Edward the ſixth, thus I read,
Decani quoque cum in Clero amplam dignitatem & locum honoratum in Eccleſia forti.
antur Presbyteri ſunto, viri graves doti do magna prudentia infignes Cathedrales Ec-
clefias juxta illarum Conſtitutiones regant, Collegio tam Canonicorum quam Clericorum
Ecclefiæ majoris praſint, negine diſciplinam labi Jinant, provideantque fumma diligentia
ut in fua Ecclefia ſacri ritus ordine ac jufta ratione peragantur,utque omni ordine
convenienti gravitate ad fratrum utilitatem agantur, ut Archidiaconi foras fic illi domi
hoc eft in Eccleſia Cathedrali & ejus Canonicis & Clericis Epiſcopo ſint adjumento,
quafi dio ejus membra utiliſſima neceffaria. Quare nec Decani abeffe debent à ſua
Ecclefià fine maxima & urgentiſſima cauſa ab Epiſcopo approbanda. I have delive-
red the whole Chapter intire, becauſe I would deal clearly.
Afterwards in the ninth Chapter, I read preaching to be part of their Du-
ty, Concionem habeat Decanuis in Ecclefia Cathedrali fingulis diebus Dominicis.
Thys their Office is declared to be thefe Particulars following.
1. To rule and order the Church, and to look to the repair, and for the deco-
ration thereof, as is alſo elſewhere enjoyned.
2. To preſerve Diſcipline and Holy Rites.
3. To be adjuments or aſliſtants to the Biſhops in Cathedrals, as be the Arch-
deacons abroad.
Part of which Aliſtance is, as ſeemeth, to preach for them, but the Biſhops
will excuſe them that ſervice as too painful, nay forbid it as too dangerous ; but
though they will not buſje themſelves in preaching, yet have they leiſure to be
inventive and operative în poor beggerly toys and trifles, which neither bring
Honour to God, nor good to the Church and People; their Preaching and
godly Life, did anciently wiņn the Peoples Hearts to love God, and them as his
Miniſters, whom they received as Angels of God, Ambaſſadors from Heaven:
Humility, Piety and Induſtry laid the Foundation of all thoſe magnificent Stru-
ctures, Dignities, Titles, Places, Revenues and Priviledges wherewith the Church-
men were anciently endowed, what hath or is likely to demoliſh them is eaſie to
conjecture; King James hath delivered it in theſe Words. The natural fick-
neſs thác hath ever. troubled and been the decay of all Churches ſince the begin-
ning of the World, hath been Pride, Ambition and Avarice, and theſe Infirmi-
ties wrought the overthrow of the Popiſh Church, in this country and di-
vers others; but the reformation of Religion in Scotland, was extraordinarily
wrought by God, though many things were inordinately done by ſuch as blind
ly were doing the Work of God. Thus far that wife and religious Prince.
But left I ſhould forget a principal part of the Office, Church Muſick, it ſhall
haye here the firſt place, the rather, for that as I read, the firſt coming in thereof,
was to wher Antichriſt'; for I do find in my reading, that Anno Dom, 666. the
Year that was deſigned or computed for the coming of Antichriſt, Vitalian Bi-
ſhop of Rome, brought into the Church ſinging of Service, and the uſe of Or-
gans,
1
1
1
from the Scotch Rebellion to the King's Mürther. 285
Fune,
6.4.1.
$
gans
C. As we read in Plat. Baleus, and others, in the life of Vitalian, who
therefore was called the Muſical Pope, although at that time there was greater
occaſion of Sorrow; the Longobards having entred and waſted Itály, and there
fore faſting and praying bad been more proper then Muſick, and melodious ſing-
ing. Hereupon ( ſaith mine Author) ignorance aroſe among the People, lulled,
(as it were.) aſleep. by the confuſed noiſe of many: Voices. This carried.co-
lour of advancing Devotion, although it was no better ( as the caſe, then ſtood)
then the Altar crected to the unknown God, Alts 17. Hereby the Key of
Knowledg was hid, Luke 11. When the common People underſtood not what
was fung, and the head of Zeal was quenched in Men of underſtanding, whoſe
Ears were tickled, but Hearts, not couched, whileft ( as Saint Auguſtine com-
plaineth of himſelf) ſo moſt were more moved by the ſweetneſs of the Song,
then by the ſenſe of the Matter, which was ſung unto them, working their bane,
like the deadly touch of the Aſpis in a tickling delight, or as the loft touch of
the Hjena, which doth infatuate and lull allcep, and then devoureth; if Service
in the Latine or unknown Tongue,whereof the ſimpleſt People underſtood foine-
what, was juſtly çenſured, certainly this manner of ſinging Pſalms, and Service,
whereofthé molt learned can underſtand nothing, is to be condemned; I diſlike
not ſinging, thougli by Muſick of Organs and other Inſtruments, but I wiſh that
what is ſung may be underſtood; and as Juſtinian the Emperor commanded all
Biſhops and Prieſts, to celebrate Prayer with a loud and clear voice, non tacito
modo, that the Minds of the Hearers might be ſtirred up with more Devotion
to expreſs the Praiſes of God; ſo wilh I, that Service and Pſalms may be ſo
Read and Sung, that they may be underſtood, and ſo edify the Mind, as well as
pleaſe, the Ear.
Now I am to declare that this Office doth neither tend to the Honour of
God, the propagation of Piety, the advancement of Learning, or benefit of the
Common-weal, but to the contrary, as I have delivered, rather to the diſho-
nor, &c. But the Day being ſo far ſpent, I will not allume too much boldneſs
to preſs upon your Patience, for further hearing thereof, but will crave leave
for further rendring thereof, at ficter opportunity, and for better conveniency.
L
L
.
Votes about
mons.
In the Lords Houſe the Lord Biſhop of Winton reported the Confe-
rence delivered from the Houſe of Commons touching the Canons made
at the late Synod.
Then the Votes of the Commons being read the Lords Voted the fame The Lords
verbatim ; viz.
Reſolved upon the Queſtion, That the Clergy of England convented in any the ſame wichi
Convocation or Synod or otherwiſe, have no Power to make any Conſtitutions, the Com-
Canons or
, Acts whatſoever in matter of Do&trine and Diſcipline, or other-
wiſe,to hind the Clergy or the Layety of this Land, without Common conſent
of Parliament.
Reſolved,&c. nullo contradicente, That the ſeveral Conſtitutions and
Canons Eccleſiaſtical treated upon by the Archbiſhop of Canterbury and
York, Preſidents of the Convocations for the reſpective Provinces of Can-
terbury and York, and the rest of the. Biſhops and Clergy of thoſe Pro-
vinces, and agreed upon with the Kings Majesties Licence in their
ſeveral
Synods begun at London and York, 1640, do not bind the Clergy or Laity
of this Land or either of them.
Reſolved,&c. That theſe Canons and Constitutions Eccleßastical treated
upon by the Archbiſhops of Canterbury and York, Preſidents of the Convo-
cations for the reſpective Provinces of Canterbury and York, and the rest
of the Biſhops and Clergy of thoſe Provinces, and agreed upon by the Kings
Majesties Licence in their ſeveral Synods begun at London and York in
the Year 1640, do contain in them many matter's contrary to the King's
Prero-
+
4
286 An Impartial Collection of all the memorable Events
June, Prerogative, to the Fundamental Laws and Liberties of the Realm, to the
16 41. Right of the Parliaments, to the Property and Liberty of the Subjekts, and
Matters tending to Sedition, and of a dangerous Conſequence,
Reſolved, &c. That the ſeveral Grants of the Benevolence or Contribu-
tion granted to his Majesty by the Clergy of the Provinces of Canterbury
and York, Anno Domini, 1640, are contrary to the Law, and ought not to
bind the Clergy.
This Day alſo a Bill againſt Ship-Money was read the firſt time.
Mr. Tailor late Burgeſs of Windſor was alſo this day diſcharged from
charged from the Tower.
The Commons fell upon the Conſideration of Disbanding the Army,
Saturday,
June 12.
and it was Ordered, That the Souldiers ſhould be allowed Eight pence
for every Fifteen Miles, to be conducted 300 in a Company homewards,
Disbanding
and not more ; their Arms to be all taken from them and laid
the Army.
up at York,
Hull,and other Convenient Places; the Scots and Engliſh to be Disband-
ed at the ſame time.
A Petition was read, wherein Sir William Withrington and Sir Her-
bert Price made their humble Submiſſion to the Houſe, and deſired to be
Price Petition releaſed from their Impriſonment in the Tower, but nothing was done
Mr. Tailor dir-
the Tower.
2
Order about
Sir will, with-
rington and
Mr. Herbert
the Houſc.
upon it. :
-
1
my part bath
The Earl of Northumberland ſent a Meſſage to the Commons, to let
them know he had received a Letter from his Brother Mr. Henry Percy,
and that if they would ſend ſome of their Houſe, they ſkould have an account
of it. Whereupon Mr. Hollis and ſome others were ſent to his Lurdſhip.
The Letter was in theſe words,
Mr. Henry Pers
cy's Letrer to
Hat with my own innocency, and the violence I hear is againſt me, I find my
the Earl of V
ſelf much diſtracted, I will not ask your Counſel, becauſe it may bring pre-
Northumber-
lan concern-
judice upon you, but I will with all faithfulneſs and truth, tell you what
in the buſineſs been, that at leaſt it may be cleared by, you, whatſoever becomes of me.
of the Army.
When there was sooool. deſigned by the Parliament for the Engliſh Army, there
was, as I take it a ſudden demand by the Scots at the ſame time of 25000 Pounds, of
which there was 150ool. ready, this they preſſed with much neceſity, as the Parlia-
ment after an order made,did think it fit for them to reduct 10000l. oup of the gooool.
formerly granted; upon which the Souldiers in our Houſe, were much Scandalized,
amongſt which I was one, and fitting by Wilmot and Aſhburnham, Wilmot ſtood
up and told them, if that the Scots would procure Money, be doubted not but the offi-
cers of the Engliſh Army might eaſily do the like : but the firſt order was reverſed not-
withſtanding, and 100ool. 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 to one another, me did reſolve that Wilmot,
Aſhburnham, Pollard, Oncale, and any ſelf to make ſome expreſſions of ſerving tbe King in
all things he world command us, that were Honourable for him and us, being likewiſe
agreeing to the Fundamental Laws of the Kingdom, that ſo far we would Live and Die
with him; this was agreed sipon with us,not having any Communication with others that
I am coupled now withal and further by their joyne conſent, I was to tell his Majeſty thus
much from them; but withal I was to order the matter ſo,as the King might apprehend this
as a great Service done unto him,at this time when his Affairs were in ſo ill a condition, co
they were moſt confident,That they would engage the whole Army thus far, but farther
they would undertake nothing, becauſe they would neither infringe the Liberties
of the Subjects, nor deſtroy the Laws ; to which, I and every one conſented, and
having tbeir Senſe, I drew the
Heads up in a Paper, to the which they all approved,
when I read it, and then we did by an Oath promiſe one another to be conſtant and
ſecret in all this, and did all of us take that Oath together ;, then I ſaid, Well Sirs,
I muſt not be informed what your particular deſires are, that so I may be the better
able to ſerve yo4, which they were pleaſed to do, and ſo I did very faithfully ſerve them
therein,
.
1
1
.
I
41
287
Funé,
I 641.
1
.
1
from the Scotch Rebellion to the King's Murther.
therein, as far as I could : this is the truth, and all the truth, upon my Soul.
Soul. In
particular diſcourſes, after that, we did fall upon the Petitioning to the King and
Parliament for Moneys, there being ſo great Arrears due to us, and ſo much de-
lays made in the procuring of them; but that was never done.
1. Concerning the Biſhops Functions and Votes.
2. The not Disbanding of the Iriſls Army, until the Scots were Disband-
ed coo.
3. The endeavouring to ſettle his Majeſties Revenue to that proportion as
formerly.
And it was reſolved by us all
, if the King.fbould require our aſſiſtance in thoſe
things, that as far as we could we might contribute thereunto, without breaking the
Laws of the Kingdom. And in caſe the King ſhould be denyed thoſe things, being put
to them, we would not fly from him; all theſe perfons did att 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 ſome things of our Army, which agreed not with
what was purpoſed by me, bust inclined a way, more floarp and high, not having limits
either of Honour or Law: I told the King he might be pleaſed to conſider with himſelf,
which
Tay
it was fit for hiin to bearken unto; for us, we were reſolved not to depart
from our grounds, we ſhould not be diſpleaſed, whoſoever they were, but the particular
of the deſigns, or the perſons, we deſired not to knom, thougb it was no hard matter tº
gueſs, at them. In the end I believe the danger of the one, the juſtice of the other,
made the King tell me he would leave all thoughts of other propoſitions, but ours, as
things not practiceable, but deſired notivithſtanding, that Goring and Jermin, who
were acquainted with the ather proceedings, should be admitted amongſt 15 ; I told him
I thought the other Gentry would never conſent to it, but I would propoſe it,mhich 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 care to my Chamber; there I was appoint-
ed to tell them after they had ſworn to ſecrècy, what we had propoſed, which I did. But
before I go into the debate of the way, I must tell you Jermin and Goring
were very
earneſt Suckling ſhould be admitted, which we did all decline, and were deſired by all
our men to be reſolute in it, mhith I was, and gave many reaſons : Whereupon Master
Goring made anſwer he was engaged with Suckling his being employed in the Army,
best for his mceting with us, they were contented to paſs it by. Then we took up again the
ways urhich were propoſed, which took great debatc, and theirs differed from onrs in vio-
lence and height, which học all proteſted againſt, and parted diſagreeing totally, yet re-
mitted it to be ſpoken of by me and Jermin to the King, which we both did. And the
King conſtant to his former.reſolutions told him, theſe ways were all vain and fooliſli,
and would think of them no more. I omit one thing of Mr. Goring, he deſired to know
hom the Chief Coinmanders 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 thought of that,
we intended, if we were ſent down, to go all in the ſame capacity we were in : he did
not like that by any means, and by that did work ſo with Master Chidley, that there
was a Letter fent by ſome of the Commanders, to make him Lieutenant General; and
phen he had ordered this matter at London, and Maſter Chidley had his inſtructi-
ons, then did he go to Portfinouth, pretending to be abſent when this was atorking,
me all deſired ony Lords of Eſſex and Holland, that if there were a General at New-
Cafle; they were pleaſed to give report that I ſhould be General of the Horſe; but I
proteft,neither to the King nor any elfe,did I ever ſo much as think of it; my Lord of
Holland was made General, and ſo all things were laid aſide. And this is the truth,
and all the
truth I knets of theſe proceedings, and this I will and do proteſt unto yox up-
on my Faith; and Wilmot, Aſhburnham, and Oneale kave at ſeveral times conféſ-
ſed and Sworn, I never ſaid any thing in the buſineſs, they did not every one agree
unto and juſtifý
. This Relation I ſent you rather to inform you of the truth of the
mat-
ter, that you
may the better know horo to do me good, but I ſhould think my ſelf very
unhappy to be made a betrayer of any Body. What concerned the Tower or any thing
elfe, I never medled withal, nor ever ſpake with Goring; but that night before them
all
, and ſaid nothing but what
was conſented unto by any Party : I never fpake one word
with Suckling, Carnarvan, Davenant, or any other Creature. Me thinks if my
Friends and Kindred knew the truth and juſtice of the wiatter, it were no hard matter
to ferve me in fome meafure.
Upon
-
1
L
1
1
!
724
Wilmot, Col.
Abburnham &
Col. Pollard
Dan.Oneal ſent
for as Delio-
fame account.
*Sir will.Wide
Tower.
A
Sermons Vos
ted to be in
Cathedrals.
of
about Dir.
Armies.
288 An Impartial Collection of all the memorable Events
June, Upon the reading the Tranſcript of this Letter, of Mr. Percy's to the
1641. Earl of Northumberland, in the Houſe of Commons, Commiſſary Wilmot,
Capt. Aſhburnham,and Caft. Pollard, being found to be concerned in this
Munday,
matter of the Army, were ſent Priſoners, Wilmot to the Tower, Aſhburn-
June 14.
Commiſſary
ham to the Kings-Bench, and Pollard to the Gatehouſe, for fufpition of
High-Treaſon.
† Sir John Berkley and Mr.Daniel Oneal were ordered to be ſent for as
impriſoned Delinquenţs upon the ſame account.
upon ſuſpirion
* Sir William Widdrington and Mr. Herbert Price were this day Dif-
of H.Treaſon.
of Sir John
charged from their Impriſonment in the Tower, and reſtored to their Sit-
Berkley & Mr. ing as Members in Parliament.
(a) A Vote paſſed this Day,That in all Cathedral Churches there ſhould
qucntsuponthebe Sermons in the Afternoons.
drington and
(6) The Earl of Bath Reports the Conference Yeſterday with the
Siricher behar. Houſe of Commons delivered by Sir John Hotham to this Effect;That the
ged from the Houſe of Commons had taken into conſideration the Vaſt Charge that the
Kingdom lyes under by maintaining the Two Armies, that they have uſed
(a) Afternoon
their utmoſt Endeavours in providing Mony for Disbanding them ; That
Neceſſity Enforceth-them to Disband the King's Army by Paris, as they
Jhall be able to provide Money, and the Scottiſh Army wholly and altogea
()
the Conference ther. That in Disbanding the Army, they will
firſt disband thoſe that lye
in the moſt Southern Parts; That they intend to Disband Five Regi-
banding the
ments; whereof they intend that the Regiment of Hull ſhall be the
firſt, then
the Earl of Nidesdale's Company which is put under the Regiment of Sir
Charles Vavaſor, and ſo other Regiments ſhall march first to give way for
the reſt to march, and that they Jhall not märch above 300 in a Com-
рану.
The Earl of Briſtol Reported Heads which the Lords Committees drew
up in the Morning, to be prapounded at a Conference touching the
Disbanding of the Armies; viz.
That a Total Disbanding be propounded, as that which is thought ne-
ceſary in the firſt place to be deſired; if for doing this they are not pro-
vided for the preſent, this Houſe will be ready to give them all poſſible
Alliſtance for perfecting this
And that if the Commons Jhall make an Eſtimate of what will be want-
ing to the Total Disbanding, the Houſe of Peers will joyn with them moſt
readıly; for untill a full Difarming and Disbanding of the Armies be
Reſolved and Declared, it is much to be doubted, that there will be
greater difficulty in raiſing Money or getting Credit: and therefore it is
deſired to imploy all our Just Endeavours for a Total Disbanding of both
Arinies.
If there be not a poſſibility preſently to Disband all the Five Regi-
ments being to be disbanded, it is held fit that it be propounded to the
Scots, That they at the ſame time retire at leaſt from the River Tees
homeward, and Ship their Field Ordnance at Newcaſtle ; and that the
English likewiſe retire their Ordnance and Train .of Artillery.
Tueſday, Mr. Allen Blany Curate of Newington in Surrey, was this Day order-
June 15.
ed to be Summoned to attend the Houſe for Preaching againſt the Pro-
be brought
teſtation, Affirming, That the Parliament is able to confirm a Law, but
not to Make a Law to bind him againſt his Conſcience; and for offering
for Preaching a Proteſtation of his own to make good the 39th Article, to which he
ſubſcribed his hand, and left it with the Church-wardens.
Proteſtation.
The
I
2
great Work.
1
Mr. Blany to
before the
Parliament
againſt the
from the Scotch Rebellion to the King's Murther. 289
The Debate concerning Deans and Chapiters was alſo Revived, uponi
which occaſion Mr. Pury an Alderman of Gloceſter made this following
Speech, the Houſe being in a Grand Committee of the whole Houſe.
Fune,
I 6 41.
1
i
I!
1
:
-
1
Mr. Hide,
Riſe not up to anſwer the Argument of the Learned Gentleman of the Long- Mr. Pury Al-
I
Robe that Ipake laſt,the which were to prove fome Incoherence of the Preamble, derman of
with the body of the Bill concerning the Aboliſhing of Deans and
Chapiters, Speech agai. It
in reſpect of their Government in the Church of England, who have none at all
, Deans and
as hath been argued; but there are ſome Reaſons ſtick with me, whersby I do Chapters,
conceive, thac the Deans and Chapiters have been, and are part of the Govern- Inne 15.1641.
ment of the Church of England, and that the Preamble and body of this Bill,
therein may very well ſtand together; for if you take the Deans and Ckapiters
in their Original, who ( as it was ſaid by a Learned Serjeant over againſt me )
were firſt founded in Superſtition alike to your Regular and Secular Monks
or if you conſider thein as an Inſticution to be Conſilium Epiſ: to aſlift Biſhops in
their Government and Diſcipline ; or if you look upon thoſe Deans and Chapi-
ters of the laſt Foundation by Henry the Eighth : yet certainly they are in all
theſe capacities a part of the Government of the Church of England ; and as
well the Rural, as the Cathedral Deans, are numbred by our own Writers
among Church-Governors, and they are in and among themſelves a part of the
Church-Government, and by the Book of Reformation of Eccleſiaſtical Laws,
they are to govern them according to their Statutes of Foundation, and to keep
them pure and entire, ſo far as they are not repugnant to the Word of God,
and our Conſtitutions of Religion. And for the better ſatisfaction of this
Committee and my ſelf, here is a copy of the Statutes, Grant, and Foundation
of the Dean and Chapter of the City of Glouceſter, I have read them over, and
do find, Firſt, the end wherefore the Lands and Polreſſions were granted unto
them; Secondly, the manner and Form of Government of themſelves.' And
Laſtly, their ſeveral Oaths to keep all the Statutes preſcribed unto them : And
becauſeof my weak Memory, pleaſe you to give me leave to read the words in
the King's Grant Engliſhed thus;.
We have Erected and Conſtituted Cathedrals and Colledges in the place of
Monaſteries, to the end, that where Ignorance, and Superſtition did Reign;
the re the ſincere Worſhip of God ſhould Flouriſh, and the Holy Goſpel of Chriſt
Jeſus ſhould be daily and purely Preached. And further that the encreaſe of the
Chriſtian Faith Piery, and the Inſtruction of Youth in good Learning, and
the Suſtentation of the Poor, ſhould be for ever there kept, maintained and
continued; and the ſaid Dean, Prebends, Canons, and all other Perſons belong
ing to the ſaid Cathedrals and Colledges, are to be Governed and Ruled accor-
ding to the Statutes preſcribed unto them.
Sir, The Statutes are many, I will in brief tell you the Subſtance of ſome few
of them. The ſaid Deans, Prebends, and Canons, are always to reſide and dwell
in the Houſes of the ſaid Cathedrals, and there to keep a Family, good Hoſpita-,
lity, to Feed the Poor, and to diſtribute Alms unto the needy, to be careful to
Preach the Word of God, In Seaſon and out of Seafon, and to low the Seed of the
Word of God abroad, but eſpecially in the ſaid Cathedral Church, and to have
Youth profitable taught there. And to the end that they all Serve God, as
well at Meals, as in the Church, they are to have a Common Table in the Com-
mon Hall of the ſaid Cathedral, where the ſaid Canons, Scholars, Quireſters,
and under-Officers are appointed to Eat together and the ſaid Dean and Chapter,
are to give Yearly Twenty Pound to the Poor,beſide their own Poor Alml-men,
and Twenty Pound mcre Yearly towards the Repairing of Bridges, and High-
ways thereabouts.
Sir, For the performance of the ſaid Statutes, and Premiſes, The ſaid
Deans, Prebends, Canons, and Miniſters of the ſaid Cathedral do, or qught re-
ſpectively to take an Oath; and thereby in expreſs words do call God to wit-
neſs, and do Swear upon the Holy Evangeliſts, to Rule, Govern and behave
themſelves well, and fathfully in the ſaid Church, according to the Will and
Statutes of the Founder, and every one of them do Swear, that he will to his
utmoſt
+
>
1
1
+ MY-
1
VOL. II.
PP
i
1
290
Тине,
1 641.
An Impartial Collection of all the memorable Events
utmoſt Power, well and faithfully, keep all and ſingular the ſaid Ordinances and
Statutes, as much as concerns himſelf, and will procure all others as much as
concerns them to keep the fame inviolably,So help him God and theſe Holy Gof-
pels of God.
as
!
1
Maſter Hide, You ſee wherefore the Lands were granted unto Deans and
Chapters, what their Statutes are, and their Oaths to keep them : It might be
thought that theſe men do know a way, another; or nearer way to Heaven
then they teach us; or otherwiſe that they wculd not fit in the Stat of Perjury,
it may
ſeem they do, without remorſe of Conſcience : For it is notorioully
known to the City of Glouceſter, and Country thereabouts, That not one
of the ſaid Statutes before mentioned, are, or ever were, during my remem-
brance , kept, or the matters contained in any of them, performed by any of
the Deans or Prebends of the ſaid Cathedral; They come indeed once a year
to receive the Rents and Profits of the ſaid Lands, but do not diſtribute unto
the poor and needy, their Portion, neglecting altogether the mending of the
High-ways and Bridges, and do not keep any common Table at all : and inſtead
of Preaching the Word of God themſelves, In Seaſon, and out of Seaſon, they
are, and have been the chief Inſtruments to hinder the ſame in others.' Infinite
are the Preſſures that many Cities near unto Deans and Chapters, have endured
by them, and their procurement. And whereas it was objected by another
Learned Gentleman of the Long Robe, That the Deans and Chapters are a Bo-
dy Corporate, and that they have as much right unto their Lay-Poſſeſlions as a-
ny other Body Politick, or any City, or Town Corporate ; I am of his opinion,
for ſuch Lands and Poſſeſſions (if they have any) which they bought themſelves in
right of their Corporation or for ſuch Lands were given them for their own uſe,
and I am well contented that ſuch Lands ſhould be left unto them, but their café
is far differentin my opinion ; for I have ſhewed you before, to what Godly,Pi-
ous, and Charitable uſes the ſaid Lands and Poſſeſſions were granted unto them:
And ſuitable thereunto you may call to mind the LondonersCafe,about Londonderry
in the Star-Chamber,where they were fined 70000 Pound to his Majeſty, and the
fame afterwards eſtreated into his Majeſties Exchequer. But upon the Writ of
Extent iſſuing out thereupon, His Majeſty, as I have heard, received no bene-
fit of any ſuch Lands, whereof the Corporation was Siezed for the maintenance
of any Hoſpitals, Bridges, or other Charitable uſes, or ought to have done, as
I conceive. Seeing therefore the ſaid Deans and Chapters are but Truſtees,
and the profits of the ſaid Lands, ſo ill imployed by them, contrary to that
truſt repoſed in them ; I am clear of opinion, that by a Legiſlative power in
Parliament, it is fit to take them away, and to put them into the hands of Feof-
fes to be diſpoſed of to fuch Pious, Religious, and Charitable uſes, as they were
firſt intended : But it was ſaid by a worthy Knight, That he ſhould be unwilling
to take away their Lands and Poſſeſſions, untill he firſt knew how they ſhould
be diſpoſed of, and how the Perſons, who were many thouſands in this Kingdom
(as he ſaid) inat would want Bread, ſhould he be provided for. Certainly
Mr. Hide (although that is not the work at this time ) yet I account it no diffi-
culty to ſatisfy that worthy Knight; for I find upon the Survey of the Lands of
the ſaid Deanery of Gloucester, that it hath above twelve Rectories of good
value, and about thirty Vicarages, Penſions, and Portions of Tithes, which
being at the firſt, Deo conſecrata, moſt fit they ſhould be ſtill employed for the
maintenance of the Goſpel;and therefore if thoſe Deans and Prebends being but
Seven in all to be now taken away, will be Preaching Miniſters, there is, I hope,
fufficient maintenance for ſo many of them as have not too much, beſides, and
yet to reſerve as large a Salary as now they have for ſo many Singing Men there
in Holy Orders that cannot Preach. And then there are left to be provided for,
bat the Organiſt,eight Singing Boys,two School-Maſters,four Poor Almſmen and
ſome under-Officers, whoſe yearly Wages, conie unto about one Hundred Pound
per annum;and the ſaid Dean and Chapter have
almoſt the third part of the Houſes
of the City of Gloucester, the old Rent of them being' yearly! about 175.
Pound, which will well defray that Charge with a fufficient Surplufage for Re-
pairing the High-ways, Bridges ; and Twenty Pounds yearly to the poor, as is
aforeſaid.
But
**
.
1
.
WIN
CAI
;
from the Scotch Rebellion to the King's Murther.
291
June,
1.6.4.1.
.
E
ܪ
But over and beſides, the ſaid yearly Revenyes before mentioned, the ſaid
Dean and Chapter of Glouceſter, although but of the laſt Foundation, and one
of the leaſt Revenues in this Kingdom, yet they have Eightcen goodly Man-
nors, and alſo divers other Lands, Tenements, and Heridicaments, beſides
the Mannors, Houſes, and Premiſes, the old Rent of Aſlize, of one of the ſaid
Mannors, being 80 Pound per annum ; out of which Mannors and Lands, the faid
Cathedral being to be made a Parochial Church ,200 Pourd per annum, Cr more
may be allowed for a Learned Preaching Miniſter there, and a Hundred Pound
a year apiece, for two ſuch cthers to aſliſt him, which in few years, one of the
ſaid Mannors will diſcharge, and alſo ſufficiently Repair the faid Cathedral
Church, and then the reſt of the ſaid Mannors and Lands.may be employed to
other Godly, Pious, or Charitable uſes; as the Wiſdom of the King and
Parliament ſhall think fit, and ſuitable to this; but in a more ample proportion
of maintenance, will be the allowances of all other Deanaries in England.
Again, this I conceive will anſwer another Obječtion raiſed by a Worthy
Knight at the Bar, touching the Poverty of the Clergy of England, if this Bill
ſhould take effect, ſurely my Opinion is quite contrary; and to that purpoſe,
I call to mind the ſaying of a Learned Divine, Chaplain to a Nobleman, upon
ſome Conference with him of our wiſhed deſire to remove Scandalous Miniſters,
and to reduce the Impropriations of Biſhops, and Deans and Chapters to a
Preaching Miniſtry: if theſe things, ſaid he, take effect, the. llniverſities will
not be able to ſupply the Churches : and ſurely Sir, if theſe things take effect, I
am confident we Thall be ſo far from having a Poor beggerly Clergy, as that no
Kingdom in the Chriſtian World will have a more Rich, and Flouriſhing Clergy,
both for Nurſeries and Incouragements of Learning, and for their maintenance in
more plentiful manner then it is at this preſent. Pleaſe you therefore to put the
Queſtion, I am ready to give my aid thereunto.
1
.
Whereupon it was Debated and ſtrongly Urged by the Faction, That
there ſhould from henceforth be no more Deans and Chapiters, Chancel-
lors, or Commiſſaries, Arch-Deacons, Deans, Prebendaries, Chanters,
Canons or Petty Canons or any other their Officers within this Church
or Kingdom; andthat all Lands and Revenues belonging to them ſhould
be taken away and diſpoſed of to the advancement of Learning and
Piety; and that ſuch of them as have no other ſubſiſtence but thoſe Pla-
ces, and not Delinquents, ſhould have a Competent allowance for the
term of their Lives.
| Thus did they cover their Covetous Deſigns of Devouring the Churchi
Revenues, with the ſpecious pretences of advancing Learning and Piety
But the Event proved their Hypocriſie, for when they had taken theſe
Lands from the Legal Poſſeſſors of them,Piety and Learning found fo lit-
tle a ſhare of the Booty,that even their own Hirelings of the Presbytery
who had aſſiſted them with their mercenary Lungs to Rob the Church,
were ſo far from getting any thing by it, that with much to do they
Eſcaped having their own Skins, their Tithes and Glebe, pulled over
their Ears ; making good the Apologue of the Lion and his Fellow
Huntſmen by their Folly and Indiſcretion, not to call it Rapine and
Sacriledg.
The Houſe of Commons was this Day wholly taken up with the Wedneſday,
further Examination of Col. Goring about the matter of the Army. June 16.
Upon reading of a Petition of the Inhabitants of St. Saviours South. The Lords
w.ark', complaining againſt William Soxyter , William shēpheard, Order about
Toby Gratwick, Hugh Barcock, George Ewer, George Pitcher, Thomas thoſe who
Loe &c. for their preſſing into the Church of the faid Pariſh, and violent thic diſorders
breaking and pulling down the Railes about the Communion Table, in at St. Saviours
and St. Olaves
an Inſolent, and Tumultuous manner, the Parties complained of were
Vol. II.
brought
1
Southwark,
P p 2
I
1
A
292 An Impartial Collection of all the memorable Events
June,
brought tº the Barr,and their Council were admitted to ſpeak for them,
1 641. and after a full hearing of both Parties, and ſeveral Witneſſes Examined
on either ſide, it did appear unto the Houſe, that the ſaid Parties were
guilty of the ſaid Complaints laid againſt them in the Petition: There-
upon it is Ordered, That new Railes ſhall be forthwith ſet up by the
ap-
pointment of the Churchwardens of the ſaid Pariſh, about the communion
Table, in the ſame manner as they have been for the ſpace of Fifty Tears
laſt paſt, but not as they were for four or five Tears last paſt, and this
to be done at the Coſts and Charges of the abovefaid Delinquents. And
further, That they ſhall make a Publick Acknowledgment of their faults
in the Body of the Church,upon a Sabbath Day when the Congregation ſhall
be preſent. And laſtly, That they ſhall ſtand Committed to the Fleet du-
ring the Pleaſure of this Houſe.
Alſo upon reading of the Petition of the Miniſter and the Inliabitants
of St. Olaves Pariſh in Southwark, againſt Robert Wainman, George Bom
nace, Hugh Evans, and John Moor, for making and cauſing to be made
a great Tumult and Diſorder in the Church of the ſaid Pariſh, in the
time of the Adminiſtration of the Bleſſed Sacrament, and for the hin-
derance of the performing of the ſame, and for tlie great abuſe of the
Miniſter that adminiſtred the ſame, and for uſing irreverent ſpeeches
when the ſaid Duty was performing theParties aforeſaid were brought to
the Barr and admitted
to ſpeak for themſelves; and after a full hearing of
both ſides, and Witneſſes Examined, it appeared
to the Houſe, that the
ſaid Parties complained of were guilty of the Complaints laid againſt
them. Whereupon the Houſe did think fit and Ordered, That the said
Robert Wainman and George Bonace for their faid Offences, ſhall ſtand
committed unto the Priſon of the Kings-Bench forthwith, and there to
continue for the space of Six Months without Bail or Mainprize. And that
they ſhall ſtand upon a High Stool in Cheapfide, and Southwark, for two
bours together upon two Market-Dayes, and acknowledg their Faults pub-
liquely. And laſtly, That they ſhall pay 20 l. Fine to his Majeſty, and to
be bound to their good Behaviour. And it is further Ordered, That the
Said Hugh Evans and John Moor, ſhall forthwith ſtand Committed to the
Kings-Bench until they find Sureties to anſwer at the next Aſlizes to be
kept for the County of Surrey, their Faults and Offences in the disturbing
and hindering the Adminiſtration of the bleſſed Sacrament, who are there
to be proceeded againſt according to Law. "And that Robert Osbalſton
Gent. and Richard Cant, Mall enter into Recognizance before Sir John
Lenthall Knight, one of his Majeſties Juſtices of the Peace for the County
of Surrey, to appear at the next Aſīzes, and proſecute againſt the ſaid
Hugh Evans and John Moore, for their Offences aforeſaid.
Thurſday, The State of the Accounts of the Engliſh and Scottiſh Armies were
June 17.
brought into the Commons Houſe,by which it will appear at what aRate
the Reformation was to be purchaſed, when the firſt Account Run ſo high.
1.
It appeared that there was due to the Kings Army 462050
There hath been paid to the Kings Army
150000
Reſts due to the Kings Army
312050
There is due to the Scottiſh Army
216750
Due to the Scots for Shipping
4000
Total
1
1
The State of
the Account
of the Armies.
#
MW
1
1
1111
1
ca
.
Poll-Bill.
gers 2 Thulings per polę. If Houſe-Keeper or Papiſt 4 Shillings. Widows
from the Scotch Rebellion to the King's Murther. 293
Total due to the Scots
220750 Funë,
There hath been paid to the Scots
105000 1 6.4 1.
Reſts due to the Scots-
115750
Total due to Engliſh and Scots-
427800
Brotherly Aſſiſtance to be paid preſently
80000
To pay this there is in View
Die from the Cuſtomers upon Compoſition
150000
Due from the Petty-Ouſtomers Compoſition
15000
From the City promiſed to be Lent
40000
Total
- 205000
To be provided more
302800
Of the Old Subſidies
300000
New Subſidies
- 400poo
Cuſtomers
-165000
Total raiſed and to be raiſed
865000
The Debate about the Poll-Bill was this Day agitated in the Houſe of Friday,
Commons; whereupon it was agreed,
Fune 18.
,
That every Duke Shall pay 10a pounds. Every Marqueſs 80 pounds. Votes and
Every
, Earl 60 pounds. Every Viſcount 50 pounds. Every Lord 40 Bates of this
pounds. Every Biſhop 60 pounds. Every Dean 40 pounds. Every Canon
Reſidentiary 20 pounds. Every. Prebendary 10 pounds. Every Rector for
100 l. per annum 5 pounds. Every Baronet and Knight of the Bath 30
pounds. Every Knight:20.pounds. Every Eſquire io pounds. Every
Gentleman of 100 l. per annum 5 pounds. Aldermen of London the fame
Rate with Knights. And for other Perſons all above the Age of 16 Years,
Except ſuch as receive Almış, to pay 12 pence per pole.
Recufants of all Ranks to pay double.Lord Mayor of London 40 pounds.
Aldermen Knights 20 pounds. Aldermien Deputies 15.poiinds. Common
Council men 5 pounds. Maſter and Wardens of the 12: Companies .IO
pounds. Every one of the Livery 5 pounds. . Maſter' and Wardens of
the other Companies, and ſuch as have fined for Maſter or Wardens 5
pounds. Every one of the Livery 50 ſhillings. Every Freeman of the
-12 Companies 20 ſhillings. Every Freeman of the other Companies,
except Porters and Watermen 20 ſhillings.
Every Merchant Stranger being a Knight 40 pounds. Every Merchant
Stranger at Sea 10 pounds. At Land 5 pounds. Engliſh Merchants in
Land not:Free 5 pounds. Factors 40 ſhillings. Handicrafts-men Stran-
according to the Degrees of their Husbands
. Serjeants at Law, 20
pounds. Kings Serjeants 25 pounds. King, Queen, and Princes Council
20 pounds. Dr. of Law and Phyſick 10 pounds. If Papiſts 20 pounds
.
Arch-Deacons 15 pounds. Chancellors and Commiſſaries, 15 pounds
.
Every man of 100 pounds, 5 pounds. Every man of 50 l. per annum,50
ſhillings. Every one that can diſpend 20 pounds per annum, 5 fillings. Saturday,
The Bill againſt Pluralities and Non-Reſidence was this day, read the pluraſties and
third time in the Commons Houſe, and being paſſed was carried up to Non-reſidence
the Lords for their Affent. By this Ad it was provided, That who- paſſed the
faever had two Livings, ſhould before the 21 of September next follow-
ing
1
Fune 19.
:
*
hat
¢
s!
W
19
1.
up to thc
Lords.
read a ſecond
time.
Lords Houſe.
1
294 An Impartial Collection of all the memorable Events
fune, |ing reſign one of them. And that if any Clergy-man ſhould be abſent at
1 6.4 1.
any time 60 days from his Living, he ſhould ipfo fa&to forfeit it:
A Meſſage was brought from the Houſe of Commons by John Hamp-
againfi Plurali- den Efq; who brought up a Bill which had paſſed the Houſe of Com-
ties brought mons, Entituled, An A&t againſt the enjoyment of Pluralities of Benefices
by Spiritual Perſons, and Non-reſidence. And deſires that their Lord:
fhips would give ſuch diſpatch to the Three Bills lately ſent up, 1. Con-
cerning the Star-Chamber and the Privy Council. 2. Concerning the
High Commiſſion Court. The Third, Concerning diſarming of Recu-
ſants, as may ſtand with their Lordſhips conveniency. Upon which
Bill againſt the faid Bill was read the firſt time.
Ship-Money
The Bill againſt Ship-mony was alſo read a ſecond time.
This day was read the third time the Bill Entituled, An A&t of a Sub-
The Bill of lfidy granted to the King of Tonnage and Poundage, and other Sums of Mo-
and Poundage ny payable upon Merchandzie Exported and Imported : And being put
paſſed the to the Queſtion, it was Reſolved NemineContradicente,to paſs as a Law;
and the L. Great Chamberlain, L. Steward, L. Chamberlain, E. Holland,
were appointed from this Houſe to move his Maieſty to appoint a time
to give his Royal Aſſent.
Monday, This day Colonel Goring was again Examined by the Houſe upon ſe-
June 21. veral Interrogatories, upon which he depoſed, That Sir John Suckling
Goring further firſt told him of that deſign about the middle of Lent laſt, and that af-
terwards meeting with Mr. Jermyn, he deſired that he would meet him
at White-hill on the Queens ſide, for that he lyas to speak with her Ma-
jeſty, and would confer with him concerning the Army; where meeting at
the Queens drawing Chamber, her Majeſty told him the King would speak
with him ; whereupon meeting with the King, his Majeſty told him that
hé lvas minded to ſet his Army into a good Poſture, being adviſed thereto
by my Lord of Briſtol, as he ſaid, and his Majeſty then commanded him
to joyn with Mr. Percy and ſome others in that buſineſs.
Now becauſe hereafter when the Faction flew out into open Rebelli-
on, they did endeavour to improve this into a ſcandal againſt the King,
as if he were in the deſign to bring up the Army againſt the Parliament,
thereby to render him odious to his Subjects, and eſpecially the Non-
conformiſts, who made the Houſe of Commons their great Idol, the
Reader is deſired to compare this Paſſage of Goring's Depoſition, where-
in he tacitly ſeems to bring the King in as the Author of his entring in-
to the Confederacy; whereas in that firſt confeſſion of his, he gives an
account that he fell in among them upon the account of the Diſcourſe
of endeavouring the redreſs of the Grievances of the Army; and that
thereupon finding them full of diſcontents, and as he thought, entring
upon Reſolutions of dangerous Conſequence to the Common-wealth,and
his Majeſties ſafety,he continued his Correſpondency with them, and took
the Oath of Secrecy, purpoſely with an intention to diſcloſe the mat-
ters, and diſcover them to the Parliament; in proof of which original
intention of his Confederating with them, he tells us, He had before-
band provided for his own ſecurity by imparting the matter to ſome great
Lords, telling them that in a little time he should have occaſion as he
thought to acquaint them further with ſome things of great impor-
Monday,
The Houſe was this day Reſolved into a Grand Committee of the
June 21.
whole Houſe upon the Debate of the Root and Branch Bill, upon which
occaſion
.
1
1
н
1
tance,
1
1
.
295
from the Scotch Rebellion to the King's Murther.
occaſion Sir Edward Deering made this following Speech, as I find it | 16 4 1.
in his Book of Speeches, printed and publiſhed for his own Vindica-
tion.
1
a
1)
HE
Mr. Hide,
Ou
into a perfect Act, unleſs you pleaſe to add thereunto ſome very Important, Deering's
;
very ſignificant proviſo's, ſuch wherein we may have, or whereby we may be al- Speech about
ſured in another Bill to have a future Government, in room of this that goes out. Epiſcopal Go-
I am confident the Lords will otherwiſe debate and diſpute your Bill quite out of vernment, June
doors.
21. 1641.
Sir, we are all bound unto the goodneſs of his Sacred Majeſty, (God preſerve
him and his for it ) none of all our Bills, none of our Petitions (this Parliament)
have miſcarried in his Royal. Hand, but have been all compleated with the Royal
Allent.
But the Ambition of ſome of our Prelats, will not let them ſee how incom-
patible two ſeveral contradiſtinguiſhed Functions are in one and the
ſame Perſon:
And therefore there is left you neither Root nor Branch of that ſo good, lo
neceſſary a Bill, which lately we did ſend up; and conſequently no hope of ſuch
a Reformation, as we all do aim at.
What ſpark of hope can we then have, that this Bill, which ſtrikes at Root and
Branch, both of their Seats of Juſtice there, and of their Epiſcopal Chaires in
the Church will paſs (as it is, and without tender of ſome other Government
in Lieu of this) ſince the Voices are ſtill the ſame, which outed your former
Bill
Truly ( 1 profeſs ) my hopes are fad in this: never had one Parliament fo ma-
ny great Affairs, never bad any Parliament any Affair ſo great as this, which
we call The Bill of Epiſcopacy. Certain (Sir,) it is the great hope, or the exceed-
ing fear of every man here, and of all men abroad.
Many a time this Parliament I have heard ( and not unjuſtly ) that the buſineſs
then in hand was of as great Conſequence as any had been agitated within theſe
Walls.
But in truth (Sir,) to my apprehenſion, neither Star-Chamber, nor High-
Commiſſion, nor Svip-money, nor Strafford's death, nor Canterbury's Life, are
(with me) equivalent, to the ſetling or unſeling of the whole National Church
of this Kingdom.
We cannot anſwer to God or man, if we do not uſe our beſt and moſt vigo-
rous endeavours for the peace of the Church we live in.
· I ſhould think this a happy day, if we could ſo tempor this Bill, that it might
walk fairly on through the Houſe of Lords unto the King.
To this end, (and that we may not loſe all, by asking more then all:) I will
be bold to offer to your conſideration, a proviſional addition or two. Such as
(I hope) may both ſatisfy us and ſecure our Bill, by fit amendments.
Here was a little interception, and then a long additional to the Bill preſented in
Writing, for putting all Church-Government into the hands of Commiſſioners in
every Diocefs. I proceeded.
Sir, there is now offered unto you, a large addition to your Bill, longer (in- fim, though
This was to ac
deed) by far, then the Bill it felf
. It ſeems to deſire, that a Proportional afterward It
number of Clergy and Laity, may be Commiſſionate together, for all Eccleſi- was reſolved
altick Jurisdiction, until a future Government be reſolved on.
I mult
confeſs I am not ſatisfied with this
way of Commiſſioners, it would joy Only Lay-men
me much and ſatisfie me more, if as one Government goes out, I could ſee ano- ſhould be
ther come in, and that without an Inter-regnumof Commiſſioners.
Comiſſioners.
We are reſolved that the preſent way of Government is unfufferable, let it go,
but let us have another. This I conceive to be Feaſible, and that in fewer
Lines, fewer words, then this additional Increment now offered to your Bill ;
which in truth will make me like your Bill worſe then I did before.
To this purpoſe, I do lay this ground: A Church Government we muſt have.
This
that no Cler
gy-man but
1
1
!
1
N
.
1
296 An Impartial Colle&tion of all the memorable Events
This is within theſe Walls for ought I hear ) on all hands agreed upon : and
Fune,
then by (unavoidable neceſſity ) this Government muſt be diſtributed into
1 641., Parts, into certain Limits, Circuits and Diviſions of places, wherein it is to be
exerciſed.
Unto this being granted, I do ſubjoyn three Propoſitions, and they are
theſe :
Firſt,Our preſent Dioceſſes are (for the moſt part) much too large, too vaſt;
I deſire therefore, That the Circuit for future Church Government, may be
reduced to the common Boundaries and Limits of our ſeveral Shires, the dif-
proportion from thence objected ſhall be eaſily anſwered.
Secondly, Next, in every of theſe diviſions, I deſire that ſome Choice, able,
grave Divines, ( twelve or more in a Shire ) may be by the Parliament appoine-
ed, to be in the nature of an old Primitive conſtant Presbytery among us.
Thirdly, and Laſtly, Becauſe all meetings of many muſt be diſorderly, and
the rule of many cannot be without confuſion, unleſs there be one to guide and
direct the reſt." I fall deſire that in every Shire, over every Presbytery, we may
eſtabliſh one Preſident.
A Preſident ( í ſay) more to ſatisfie others then my ſelf. The name of Bis
Shop diſturbs not me; let him be a Biſhop or an Over-ſeer,or a Preſident, or a Mode
rator, or a Super-intendent, or a Ruling-elder ; call him what you will, ſo as you
provide me one in every Shire,over every Presbytery, to guide and direct the reſt.
The different Sence (to be eaſily obſerved) and I hope not palt our ſtrength
to be reconciled, in this Houſe, concerning our preſent Church Government,
is twofold. One is for Ruine thereof, the other for Reforming : both are near-
er together in Heart (I perſwade my ſelf) then we are yet aware of. The
nearer
the better, and more eaſie compoſure both of our own felves here, and
of the Churches peace throughout the Land abroad. God ſend that we may find
the way to Peace.
If the right Form of Primitive Epiſcopacy were truly ſtated forth unto us, it
would (queſtionleſs) take and lead our judgments along therewith.
This Biſhop was not ſo much a Lord as a Father over his charge, ruling with
Love and tender Bowels; whoſoever did inſtitute this Epiſcopacy, ſure I am,
this Biſhop hath, and ever had, a Preſidency before, and a Precedencyover
others of his own Order.
He was one man choſen out among the reſt, and by the reſt put into a ſeveral
degree(not into a diſtinct ſuperior Order)above the reſt eis ad Coronto ad Epiſco-
pandum to over-ſee the reſt : and this only in matters Spiritual, nothing at all
in affairs Temporal, or Secular employments.
If this Bíhop were not of Apoſtolical inſtitution, yet it is undeniable that he
was of Apoſtolical permiſſion. For, of and in the Apostolical times, all Stories,
all Fathers, all Ages have agreed, that ſuch Biſhops there were.
His Rule indeed was with conſent of his Senate, his Presbytery; Direction
was his, Coercion was ſtill their own.
He had megadeiry, yea and messasiers both the firſt place of ſitting,' and the
chicfeſt
power: I ſay the chiefeſt part,I do not ſay, the greatest part
of power. The power, it was more eminent in him, but it was virtually refi-
ding and domeſticant in the plurality of his Aſſeſſors.
Theſe Aſſeſſors were the Presbyters, the Elders of the Church, of whom
Holy Ignatius ( a Father fo primitive, that he was Diſciple to Saint Fohn the
Apoſtle, and by ſome thought to be that very Child ( whilſt he was a Child)
whom our bleſſed Saviour took and ſet before his Diſciples, whereof you read
Matth. 18. 2. in three of the Evangeliſts. This Ignatius (I ſay) in his Epiſtle to the Trallians
Mark 9. 26. doth call thefe Elders συμβέλες, και συνιδρούτα το επισκόπο, The Councellors and. Co-
If Simon Zelo. Aſefors of the Biſhop.
Here was in this Age (and yet this Father died a Biſhop and a Martyr before
laft,as ſome af- the laſt Apoſtle went to Heaven) here was a Fellowſhip, yet ſuch a Fellowſhip
as deſtroyed not preſidency: and in another Epiſtle (that to the Magneſians
you have ſuch a preſidency as doth admit alſo of a Fellowſhip. Tegneserle's
Επισκόπε είς τόπον Θεξ και η πρεσβυτέρων, είς τόπον σωστρία Σποςόλων. The Bilhop be-
ing Preſident (the very Name and Office there ) as in the place of God, and the Pres-
byters as a Senate of the Apoſtles.
I
part of the
Luke 9. 27
tes were the
*
firm.
T
Р
from the Scotch Rebellion to the King's Murther. 297
$
.
!
Biſhop (and of this alone) I muſt underſtand the Vote you have palled,
I forbear to dilate upon this Epiſcopacy. But I will be bold, Ponere obl
oculos, to ſet him before jour Eyes. I will give him you'even by way of demon-
ſtration.
Maſter Hide, your ſelf are now in this great Committee, Mr. Speaker is in the
Houſe, The Biſhop of our Congregation.
You are in your felves but Fellow-Members of the ſame Houſe with us, re-
turned hither (as we alſo are) to fit on theſe Benches with us : until by our E-
lection and by common fuffrage, you are Incathedrated: then you have
(and it is fit and neceſſary, that you ſhould have) a Precedency before us, and a
Preſidency over us.
Notwithſtanding this, you are not diverſified into a ſeveral diftinct order from
us ( you muſt not ſwell with that conceit) you are ſtill the ſame Member of the
ſame Houſe you were, though raiſed to a painful and careful degree among us,
and above us.
This Biſhop had ( as your ſelf have here) poteſtatem directivam, but not cor-
re&tivan. Correction in our Houſe doth dwell in the General Vote.
You know the power you have is Limited, and circumifcribed by them who
gave it ; you are no Dictator to preſcribe us our Laws; but muſt gather
our Voces : and then your pronouncing doth fix our (not your ſingle) own Or-
ders.
Neither you here, ( Maſter Speaker in the Houſe ) can Degrade any one of
us from theſe Seats, nor can you ſilence us in the due liberty of our Speech.
Truly (Sir) as yet adviſed, I do heartily wiſh we had in every Shire of Eng-
land, a Biſhop ſuch and fo regulated for Church Government within that Sphear,
as Maſter Speaker is bounded in and Limited, by the Rules and Cancels of this
Houſe.
That were (indeed) a well tempered and a bleſſed Reformation, whereby our
times might be approximant, and conformant to the Apoſtolical and Pure pri-
mitive Church.
But this (I fear) is magis optandum quam ſperandum : yet it being the cauſe of
This happineſs (I mean living under Epiſcopal Preſidency, not under a domi-
neering Prelacy) this is too high above our reach, yet Itrong Prayers, and Hearty
endeavours may pull the Bleſſing down upon us : In the mean time, wo is our
Churches portion, for our Biſhop Preſident is loſt, and grown a Stranger to us,
and in his room is crept in, and ſtept up a Lordly Prelate, made proud with
pompand eaſe, who neglecting the beſt part of his office in Gods Vine-yard,
inſtead of ſupporting the weakand
birding up the broken, forrageth the Vines, and
drives away Other Labourers. The Vines indeed have both Grapes and Leaves,
and Religious Acts both Subſtance and Circumſtance, but the Gardener is much
to blame, who gives more charge to the Work-men of the Leaves then of the
Fruit.
This rough enforcement (of late) to that which is not the better port,
Epiſcopacy that turns all our Melody into a Threnody : This makes many Poor,
Pious, Chriſtian Souls to Sing the songs of Sion in a ſtrange Land.
This Biſhop will have no Affeffors (or if any, ſo formally admitted, and ſo
awed, as good have none) no Senate, no Conſultation, no Presbyterý or com-
mon Suffrage: but Elates himſelf up into uſurped Titles, and incompatible
Power, and ſublimes it ſelf by aſſuming a Soleſhip both in Orders and Cen-
ſures.
Religion and Reaſon, and Primitive Example are all loud againſt this Epiſ:
сорасу.
This too elate ſubliming of one can not ſtand without a too mean demiſſion
(I may ſay debaſing) of many other of the ſame order. Nay this Biſhop not
content with Eccleliaftick Pride alone, will ſwell alſo, with ambition and Offi-
ces Secular.
Truly,(Sir) you have done exceeding well to Vote away this Biſhop; for of this
until I
be better inſtructed: For your Vote is againſt the preſent Epiſcopacy ; and for
the preſent, you can hardly find any other Epiſcopacy but this ; an Authority
how
ever by ſome of them better exerciſed, yet too folely' entruſted to them all.
Vol. Ii.
Q9
Away
1
1
1
is an
Pfal.137.and 4:
$
,
.:I.:.
1
L
3
1
298 An Impartial Colle&ion of all the memorable Events
Away, then with this Lordly domineerer who playes the Monarch (perhaps the
Tyrant ) in a Digceſs : of him it is of whom I read, Epiſcopalis dignitas papalem
faftum redolet. This kind of Epiſcopacy it ſmels rank of the Papacy: nor Thall
you ever be able, utterly and abſolutely to extirpace Popery, unleſs you root
out this Soleſhip of Epiſcopacy.
To conclude in ſhort and pļain Engliſh, I am for aboliſhing of our preſent Epif-
copacy. Both Digceſſes and Diocefan as now they are.
But I am withal (at
the ſame time) for Reſtauration of the pure Primitive Epiſcopal Preſidency.
Cut off the uſurped adjuncts of our preſent Epiſcopacy, reduce the ancient
Epiſcopacy, ſuch as it was, in puris ſpiritualibus. Both may be done with the
fame hand, and I think in a ſhorter Bill then is offered now by way of ad-
dition.
Down then with our Prelatical Hierarchy, or Hierarchical Prelacy (ſuch as
now we have ) moſt of it conſiſting in Temporal adjuncts only, the Diana
and the Idol of Proud and Lazy Church-men. This do, but eâ lege, on this
condition, that with the fame hand, in the ſame Bill, we do gently raiſe again
feven from under the ruins of that Bebel) ſuch an Epiſcapacy, ſuch a Preſidency,
as is venerable in its Antiquity and Purity, and moſt behooveful for the Peace of
our Chriſtendom.
This is the way of Reforming: and thus by yielding to the preſent Storm,
and throwing that over-board which is adventiţious, borrowed, and undue ;
Peace may be brought home unto our Church again, the beſt of that building
and the truth of Ancient Epiſcopacy may be preſerved : otherwiſe we hazard
all.
This would be glorious for us, and for our Religion : and the glory thercof
will be the greater, becauſe it redounds unto the God of glory.
My Motion is, that thoſe Sheets laſt preſented to you, may be laid by,
and that we may proceed to reduce again the old Original Epiſcopacy.
If this Gentleman had thoroughly conſulted the Church Hiſtory, he would
have found, both that Epiſcopacy was ever accounted a Diſtinct Order from and
above Presbytery, and that the moſt Primitive. Biſhops exerciſed the fame
Jurisdiction and Power in the Church, even over Presbyters themſelves, as the
preſent Engliſh. Biſhops did ; and for their Temporal Baronies and Lordſhips,
it was never eſteemed any ways Effential to the Office, but only a Concomi-
tant Adjunct, which, by the Fundamental Conſtitution of the Government, by
the Kings annexing Temporal Baronies
, to their Spiritual Office, rendred them
one of the three Eſtates of the Realm; And indeed it was this Temporal Ho-
nor, and their Secular Eſtates, Lands and Tenements, which raiſed the envy of
ſome; and the Covetouſneſs of others againſt not only the Perſons but the
Order it felf
1
>
4
1
W
Sir Benjamin Rudyard alſo ſpake as follows.
Mr. Hide,
E are now upon a very great Buſineſs
, fo great indeed, as it
Sir Benjamin
Rudyard's
requires our ſoundeſt, our ſaddeſt conſideration ; our beſt
Speech con-
judgment for the preſent, our utmoſt foreſight for the future.
cerning Bi-
ſhops, Deans But, Sir, one thing doth exceedingly trouble me, it turns me round
and Chapters, about, it makes my whole Reaſon vertiginous, which is, that ſo many
“ do believe, againſt the wiſdom of all Ages, that now there can be no
“Reformation without deſtruction, as if every fick Body muſt be pre-
June 21.1641. i Cently knockt in the Head, as paſt hope of Cure.
“ Religion was firſt, and beſt planted in Cities ; God did ſpread his
“Net where moſt might be caught; Gities had Biſhops, and Presbyters
were the Seminaries; out of which were ſent Labourers by the Biſhops,
“ to propagate and cultivate the Goſpel. The Clergy then lived whol-
"ly upon the Freewill-Offering, and Bounty of the People.
“After-
at a Com.
micrce of the
whole Houſe.
1
CC
1
1
+
1
CC
ci
CC
cc
(C
:
(
6 which Parliamentsrare to anſwer, bor,
from the Scotch Rebellioit to the King's Murther. 299
Afterwards, when Kings, and States grew to be Chriſtians, the out June,
card ſettlement of the Church grew up with them. They Erected 164 1.
Biſhopricks, Founded Cathedral Churches, Endowed them with large
Poſſeſſions : Landlords built Pariſh Churches, gleabd them with ſome
portion of Land, for which they have ſtill a Right of Preſentation.
I do confeſs, That ſome of our Biſhops have had Ambitious, Dange-
s rous Aims, and have ſo ſtill
, that in their Government there are very
great Enormities: iBut I am not of their opinion, who believe that
there is an Innate ill Quality in Epiſcopacy, like a Specifical Property,
“which is a Refuge, not a Reaſon I hope; there is not Original Sin in
Epiſcopacy; and though there were,' yet may the Calling be'as well
Reformed, as the Perfon Regenerated. Biſhops have governed the
“Church for :1500 years without interruption : And no man will ſay,
“but that God hath ſaved Souls in all thoſe times under their Govern-
menț. Let them be reduç'd according to the uſage of Ancient Chur-
ches in the.beſt times.j ſo reſtrained as they may not be able hereafter
to fame tlie Calling. I love not thoſe that late to be Reformed,
and do therefore think them worthy of the more ſtrict, the more clofé
Reformation.
“We have often complained, That Biſhops are too abſolute, too fin-
gular. Although Cathedral Churches are now for the moſt part but
Receptacles of Drones, and Non-Reſidents, yet ſome good Men may
be found, or placed there to be Aſſeſſors with the Biſhops, to aſſiſt
"them in Actions of moment, in Cauſes of Importance; there is main-
tenance already provided for them: If either in Biſhopricks; or Ca-
" thedral Churches there be too much, ſome may be pared off, to relieve
them that have too little. If yet more may be ſpared, it may be em-
ployed to the ſetting up of a Preaching Miniſtry through the whole
Kingdom. And untill this be done, although.we are Chriſtians, yet
are wę not a Chriſtian State.
There are ſome places in England that are not in Chriſtendom, the
"people are fo- ignorant; they live fo;'without God in the World, for
to it, for it lies like one of the Burdens of the Prophet Iſaiah, heavy,
and flat upon Parliainents.
“I have often ſeriouſly conſidered with my ſelf
, what ſtrong concur-
rent Motives and Cauſes did meet togetlier in that time, when Abbies
and Monaſteries were overthrown. Certainly God's hand was the
greateſt, for he was inoſt offended. The profane Superſtitions, the
" abominable Idolatrics, the filthy nefandous wickedneſs of their Lives
“ did ſtink in God's:Noſtrils; did call down for Vengeance, før Reforma-
"ţion. A good Bartyi of Religious :Men were Zealous Inſtruments in
that great work, as likewiſe many. Covetous, Ambitious Perſons, ga-
ping for fat Morſels, did luſtily drive it on.
“ But, Mr. Hide; there was a principal Parliamentary motive, which
did facilitate the reſt; for it was propounded in Parliament, that the
“: Acceſſion of Abby-Lands would. fo inrich the Crown, as the people
"" ſhould never be put to pay Subſidies again. This was plauſible both
to Court and Countrey. Beſides, with the Over-plus, there ſhould
"Le maintained a ſtanding Army of Forty Thouſand Men, for a perpe;
tualidefence of the Kingdom. This was Safety at home, Terrour and
“Honpur abroad : The Parliament would make all ſure:
1
CC
<<
16
CC
CC
of
!
hu
.
.
(C
Y
“ God's
.
Vol. II.
Q?
t
CC
โ
I
--300 An Impartial Collection of all the menorable Events
Fune, “Gods part; Religion, by his bleſſing, hath been reaſonably well pre-
1 641.
“ſerved, but it hath been ſaved as by fire ; for the reſt is conſumed and
“vaniſhed : the people have payed Subſidies ever ſince, and we are now
“in nó very good Caſe to pay an Ariny,
“Let us beware, Mr. Hide, that we do not look with a worldly, car-
nal, evil Eye upon Church Lands, let us clear our Sight, ſearch our
Hearts, that we may have unmixt and ſincere Ends, without the leaſt
thought of ſaving of our own Purſes. Church Lands will ſtill be fit-
teſt to maintain Church Men, by a proportionable, and orderly diſtri-
bution.
“We are very ſtrict and curious to uphold our own Propriety, and
"there is great reaſon for it : Are the Clergy only a ſort of Mën, who
" have no Propriety at all in that which is called theirs ? I am ſure they
are Engliſhmen, they are Subjects.
“If we pull down Bishopricks, and pull down Cathedral Churches,
in a ſhort time we muſt be forced to pull Colledges too; for Scholars
“ will live and dye there as in Cells, if there be not conſiderable Prefer-
ment to invite them abroad. And the example we are making now,
will be an eaſie Temptation to the leſs preſſing neceſſities of future
times.
"This is the next way to bring-in-Barbariſm, to make the Clergy an
unlearned, contemptible Vocation, not to be deſired but by die bafeſt
of the People ; and then where ſhall we find men able to convince an
Adverſary
" A Clergy-men bught to have a far greater proportion to live
upon,
than any other Man of an equal Condition. He is not bred to mul
tiply Three-pences, it becomes him not to live Mechanically, and for-
didly; he muſt be given to Hoſpitality. I do know, my ſelf, a Clergy-
man, no Dignitary, whoſe Books have coſt him a Thouſand Pounds,
which when he dies, may be worth to his wife and Children, about
"Two Hundred. 1
“ It will be a ſhameful reproach to ſo flouriſhing a Kingdom'as this, to
have a poor beggarly Clergy. For my part, I think nothing too much,
nothing too good for a good Miniſter, a good Clergy-man. They
ought leaſt to want, who beſt know how to abound. Bürning and
ſhining Lights do well deſerve to be ſet in good Candleſticks.
“Mr. Hide, I am as much for Reformation, for purging and main-
taining, Religion as any man whatſoever ; but I profeſs I am not for
Innovation, Demolition, nor Abolition.
6
CC
I
C
1
Poſſibly the Reader will now be deſirous to ſee this Bill, which gave
ſo much buſineſs to the Parliament, and therefore I here preſent him with
a Copy of it, as I find it in the Paper-Office.
An Act for the Aboliſhing and taking away of all Arch-Biſhops,
Biſhops, their Chancellours and Commiſſaries, Deans, Deacons
and Chanters, Arch-Deacons, Prebendaries and Canons, and all
other their Under-Officers of the Church of England.
L
The Billa-
Thereas the Government of the Church of England by Arch-
gainſt Epiſco-
pal Govern-
Billops and Biſhops, their Chancellors and Commiñaries,
mient, and the Deans, arci-Deacons and others their Cathedaal Dfficers, vave
Hierarchy of
bren fouind by long experience to ve a great impediment to the per-
feat
the Church.
1.
1
from the Scotch Rébellion to the King's Murther. 301
Fune,
1 641.
1
fea Reformation and Growth ot Religioni, prejudicial to the Civ.l Go
vernment of this Kingdom: Be it therefore Enacted by the King's
moft ercellent majetty, the Lojds and Cominonis affeinbled in this
pieſert Parliament, by the Authority of the Caune, Tiyat from herice
foztb there fall be 110 arch-Biliops, Chanceiloje, oz Commifliries
of any Biſhopricks, Deans, Deaiis and Chapters, Arci)-Deacons,
Pebendaries, Cijanters, Canonis, 02 Octy. Canolis, oz any other of
theic Officers within this Clutch of Kingdom. And every Parſon
that fall hereafter ille, of exerciſe any Power, Jurisdictioii, Difice
02 Authority, Ecclefiaftical of Civil, by Collegion of any lich) JDame,
Title, Dignity od Difice, of Jutrisdigioli, to iriclit the penalty, and
a fforfeiture contained in the act of Premiinires made in the 16 R. 2.
That all wpici hereafter done by any Arch Biſhopricks, their Chau-
cellos, Commiffaries, Deans, Dennis and Chapters, Arch Deacons,
Paebendaries, Canons, Petty. Canons, of any other office by Col-
legion of any of their Dignities 02 Dfficers afożeſaid, ſhall be incerly
void in Law, any Statute of Dedinance heretofoze inade to the conta
trary any wile notwithſtanding. And that all Pannors, Lands, Ter-
rítojies, Illipropriations, nouſes, Renis, Services, and other vere:
bitaments whatſoever of the ſaid Arch-Biſhopricks, Deans, Dennis
and Chapters, Arch-Deacons, plebendaries, Canons, Petty-Canous,
which they of any of them have in Right of the ſaid Churches of Dig-
nities mati be diſpoſed and ordered of, in filch manner, fożt and fouin
as the King's moſt ercellent Majeſty, the Louds Tempozal, and Coin-
mons in this preſent Parliament Allembled (all appoint.
Alld be it further. Enaged by the authority aforeſaid, hat all 6c-
clelianical- Jurisdiction, fit to be ererciled within this Church and
Kingdom of England, ſhall be coiminitted to ſuch a filmber of Perſons,
and int fuch, manner as by this preſent Pacliainent appointed.
:
1
.
.
T
f
:
Church Go:
Divers Papers were upon this occaſion preſented to the Conſideration
of the Houſe of Commons, and inany even of the Presbyterians who
were for altering ſome things, yet were not for Extirpation of Root and
Branch; among the reſt, I find theſe two in the Paper-Office.
THE
He Agitation of change of Government in the Church, in the Houſe of
A Propoſition
Commons, is a Buſineſs of ſo high a Conſequence, chat it is necellary to concerning
prevent any Reſolution by Voting cheir judgment alone, leſt that being Biſhops and
brought up with prejudice to the Lords, who are and ought to be equally inte. Ecclefiaftical
reſſed, may alſo prejudice the Cauſe..
Affairs, and
It is a doubtful Caſe.in the heat of this diſpute how farr the Commons may vernment.
go
in the Declaration of their. Opinions, in which if the Lords ſhall not concur,
it may prove a great Rock of offence between the two Houſes.
Therefore 'cis very requiſite, that the Lords of she Higher Houſe do timely
intereſt themſelves in the diſcuſſion, and before any Reſolution in either
Houſe.
To this purpoſe the Lords may be pleaſed to make a Commitee in their
Houſe for the Reformation of Church Affairs, and Government, and there-
upon demanda Conference with the Committee of the Houſe of Commons;
that the buſineſs may be handled by Conſulcation on both ſides pari pafſu, and
gradu. At this Conference the Lords may be pleaſed to propoſe theſe
grounds.
1. That neither by Example, nor Reaſon in any Age or State, Matters Eccle-
ſiaſtical, or Mutacions in Church Affairs were ever alone détermined by Lay-
+
men.
$
-
2. In
!
l
+
!
302 An Impartial Collection of all the memorable Events
Fune,
1 641.
2. In the Primitive Church, and moſt Ancient times, matters of this nature,
were always debated in General Councils or National Synods ; in the bleſſed Re-
formation, the buſineſs was agitated by a Choice number of Divines, who com-
municated their proceeding with Reformed Divines abroad, and admitted ſome
Strangers into their Confultations, for the ſatisfaction of their Brethren and
Peace of the Church,
3. The publick Enemy of our Religion will take infinite advantage at every
Alteration, and eſpecially at any that ſhall be reſolved aboye by Lay-men.
4. It muſt of necellity produce a dangerous Schiſm in the Church, if, without
all Reſpect of Edification and ſatisfaction to the Parties different in judgment
any concluſion ſhould be impoſed upon both without their confent.
s. It is impoſſible, that any Reſolution taken in Heat and Paſſion can be ſo
permanent, but that time will diſcover a Neceſſity of freſh alterations, to the
Ihame of the whole Reformation.
6. It is neceſſary to proceed in ſuch a way as may not be Scandalous to the
Churches abroad, and may give ſatisfaction to both Parties oppoſite, and con-
tending at Home, and may be Honourable, Durable, Obliging, and Fortified
with the conſent, and agreement of the Eccleſiaſtick, and the Authority of the
Parliament.
To effect which it is moſt agreeable to true Wiſdom and Policy, that both
Houſes of Parliament determine and declare for the preſent, that the Laws Eſta-
bliſhed for Church Government ſhall be obeyed : And becauſe all things in the
firſt Reformation could not be fore-ſeen,or ſome things were neceſarily for other
reſpects overſeen, which Time, and great Liberty, and Light have diſcovered,
and which may now be more fitly taken into conſideration, That therefore both
Houſes may be pleaſed to move His Majeſty for the calling of a National Sy-
nod, I mean of a Select number of Divines of all three Nations ſubject to His
Majeſty, equally, and impartially choſen of Moderate, and Learned Men of
both ſides, in which may be diſcuſſed, and reſolved a ſetled and uniform Model
of Government, to be preſented unto the Parliament of all the Kingdom, there
to receive Strength and
Approbation.
In which Aſſembly Godly Men, and lovers of Peace; allifted by the Spirit of
God, may doubtleſsly be induced, to receije ſatisfaction from one another in a
Conſcientious way, and to yield to one another by the Rules of Charity for the
publick Peace of the Church.
This ſolid courſe as it will allay the Heat and Precipitation of paſſioGate Coun-
cils
, ſo it will have Authority in it felf, Honor in relation to other Forreign
Chúrches, and ſtability in theſe reſolucións.
I will be bold to add another Motion, that if we máy be ſo happy to ſettle
theſe troubles and ſcruples of tender Conſcience, by, imbracing this only
Counſel, I could .wiſh, thắc an Intīmation were made to all the Reformed Chur-
ches, that if they pleaſe to ſend their Deputies, and to allift in this Pious work,
they mall as Aliſtants, be admitted. And I hope, there may ariſe from 'hence
an occaſion of re-uniting all the Proteſtant Churches aţ leaſt in Fundemantals;
Lcaving to every one a, Chriſtian Liberty in thoſe Forms of Diſcipline, wḥlch
may be moſt agreeable to their Civil Government ; which would not only
ſtrengthen the General Cauſe of Religion, but take away that ſtrong objection
(of the publick Enemy) of ſuch a Diviſion amongſt our ſelves as make us ap-
pear outwardly to bę twenty Churches, or-none at all; for from this Branch of
diviſion and ſeparation hath flown all the advantages both in the Eſtate and
Church of the Papacy, againſt the Reformation, and the Princes profeſing one
truth, not fenced about with one Policy.
F
2
:
A Divine in the City gave his following Opinion upon theſe Par-
ticulars.
The Opinion
the Liturgy
and Epiſcopal
of a City Di.
10 ſatisfie your Demands both Concerning
ing the Litur.
Government ; Firſt for the Book of Conimon Prayer, it may be al-
gy & Church ledged,
vinc concern-
Governmcar.
1. That
+
.
.
1
1 641.
IF
appear id
any of them.
1
from the Scotch Rebellion to tbe King's Murtber. 303
Į. That God himſelf appointed in the Law, a ſet Form of Benediction, Fune,
Numb. 6.23,24,25,26.
2. That David himſelf ſet Pſalms to be ſung upon Special Occaſions, as
the Title of them Jheweth.
3. That the Prophet Joel appointed a fet Form of Prayer to.be uſed by
the Prieſt at Solemn Faſts, Joel 2. 7.
4. That Chriſt not only Commands us to pray after fuch manner, Matth.
6.9. But to uſe a ſet Form of words, Luke 11. 2. When you pray, Say,
Our Father.
5. The
Spirit of God is no more reſtrained by uſing a ſet Form of Prayer,
then by ſinging ſet Hymns or Pſalms in Meeter, which yet the Adverfa-
ries of our Common-Prayer, practiſe in their Aſlemblies.
6. Of all Prayers [premeditated) are the beſt, Eccleſiaſtes 5.2.
7. And of premeditated Prayers, thoſe which are allowed by public
Authority, are to be preferred above thoſe which are uttered by any pria
vate Spirit.
8. All the Churches in the Chriſtian World in the first, and beſt Times,
had their beſt forms of Lyturgiesywherof moſt are Extant in the Writings
of the Fathers unto this day.
9. Let our Service-Books be compared with the French, Dutch, or any
other Lyturgie, preſcribed in any of the Reformed Churches, and it will
t
any indifferent Reader, that it is more Exact, and Compleat, than
10. Our Service-Book was Penned, and allowed of, not onely by many
Learn'd Doctors,but Glorious Martyrs,who ſealed the Truthof the Reformed
Religion with their Blood;Tet it cannot be denyed, but that there are Spots,
and Blemiſhes, nævi quidem in pulchro Corpore. And it were to be
wiſhed, ſo it be done without much Noyſe,
1. That the Kalendar in part might be reformed, and the Lefons taken
out of the Canonical Scriptures, appointed to be read in the place of them ;
for beſides, that there is no neceſity of reading any of the Apocrypha, for
there are in ſome of the Chapters, Jet in the Index paſsages repugnant to
the Doctrine of the Holy Scriptures, as namely, in ſome Chapters in
Tobit.
2. That in the Pſalms, Epiſtles, and Goſpels, all Sentences alledged out
of the. Haly. Scriptures, the laſt Tranſlation of King James his Bible) may
ke followed for in the former there be many Paßages not agreeable to the
Original
, as might be praved by many Inſtances.
3. That in the Rubrick, whereaf of late the word (Prieſt] bath been in-
ſtead of the word [ Miniſter ) it may be Expunged, and the word:Miniſter
reſtord, which is leſs Offenfaye, and more agreeable to the Languages of all
the Reformed Churches; and likewiſe that ſome Abüſeșwhich Jeem furrep-
titiouſly to have crept inte it, be expunged ; as namely, after the Commu-
nion, every Pariſhioner ſhall Communicate, and alſo ſhall receive the Sacra-
ments, and other Rites aecording to the Order of this Book appointed;
juhich words can carry. no good Şence in a Proteſtant's Ears, nor thoſe added
againſt Private Baptiſme, That it is certain by Gods Ward, That Children
being Baptized, having all things neceſſary for their Salvation, bei wnetaikt-
edly Saved.
4. That in tbe Hymns, inſtead ofithe Songs of the Three Children, fame
others placed out of the Canonical Scriptures, and that a fitter Pfalm were
choſen at the Churching of Women ; (for thoſe Verſes) He will not ſuffer
thy foot to be moved, and, the Sun Thall not burn thee by day, nor the
Moon
1
1
1
f
1
1
1
3. That
304 An Impartial Colle&tion of all the memorable Events
Fune, Moon by night, ſeem not very periinent. That in the Prayers and col-
1641. 'leets, fome Expreſſions were bettered, as when it is ſaid, Almighty God,
which only workeſt great Marvels, ſend down upon the Biſhops,&c.
And, Let thy great Mercy looſe them, for the honour of Jeſus Chriſt's
fake. And from Fornication and all other deadly Sin, as if all other Sins
were not deadly, and that among all the chances of this mortal Life,they
may be defended,
&c.
5. And in the Viſitation of the Sick, I abſolve thee from all thy ſins,
and the like.
6. That in ſinging of Pſalms, Either the lame Rhymes, and ſuperfluous
Botches (as I ſay and for why, and homely Phraſes, As, Thou ſhalt feed
them with brown Bread ; And, Take thy Hand out of thy Lap,and give
thy Foes a Rap; and, Mend this Geare, and the like,may be corrected, or
at the leaſt, a better Tranſlation of the Pſalmes in Meeter, appointed in the
place of the old.
Secondly, for Epiſcopal Government, it may be alledged,
1. That in the Old Law, the Prieſts were above the Levites.
2. That in the Gospel, the Apoſtles were above the Seventy
. Diſciples.
3. That in the ſubſcription of St. Paul's Epiſtles, which are part of Ca-
nonical Scripture, as it is ſaid, That Timothy was. Ordained the firſt Bi-
shop of the Church of the Epheſians ;. That Titus was Ordeined the ſecond
Biſhop of the Church of the Epheſians.
That Titus was ordained the first Biſhop of the Church of the Cre-
tians.
4. That if Epiſcopal Ordination and Furiſdiction, hath expreſs Warrant
in Holy Scripture, as namely Titus 1. 5. For this Cauſe left I thee in
Crete, that thou ſhould'ſt ſet in order things that are wanting, and Or-
dain Presbyters, that is Miniſters, in every City. And 1 Tim.5.22. Lay
hands ſuddenly on no man. And Verſ. 19. Againſt a Presbyter or Mini-
ſter, Receive no Accuſation, but under two or three Witneſſes.
5. The Angels to whom the Epistles were indorſed, 2, & 3. of Apoc. are
by the Unanimous Conſent of all the beſt Interpreters, both Antient, and
Later,
expounded to be the Biſhop's of thoſe Cities.
6. Euſebius, and other Eccleſiaſtical Writers, afirm, (none contradiéting
them) that the Apoſtles themſelves chofe James Biſhop of Jeruſalem, and
that in all the Apoftolique Sees, there ſucceeded Biſhops, which conti-
nued in all the Chriſtian World, and no other Government heard of, in the
Church for 1500 Tears, and more, then by the Biſhops, and the Cañons of
Councils, both General and Provincial, which conſisted of Biſhops.
7. That ſo many Acts of Parliament and Laws of the Kingdom,and Sta-
tutes of Colledges of both Univerſities, have relation to Biſhops, that the
removing of them eſpecially (there
having been never no other Government
ſettled in this Kingdom) will breed, and make Confufion, and no Reforma-
tion, but rather a Deformation in the Church; yet it were to be wiſhed,
That in ſome things our Government might be reduced to the Constitutions,
and Practice of the Primitive Church; eſpecially in theſe Particulars.
1. That Biſhops did ordinarily, and conſtantly Preach, either in the Me-
tropolitan Church, or in the Parochial Church, in their Viſitations.
2. That they might not Ordain any. Ministers, without the conſent of 3.
or 4. at the leaſt
, Grave and Learned Presbyters.
.
.
L
1
3.
Thai none may
from the Scotch Rebellion to the King's Mirther.
305
That they might not ſuſpend any Minister, ab Officio et Beneficio, June
at their Pleaſures, by their Jole Authority,but only with a neceßary Conſent 1641.
of ſome Aſlistants, and that for ſuch Cauſes, and Crimes only, as tijé ancient
Canons or the Laws of the Kingdom appointed.
4
be Excommunicated but by the Biſhop himſelf, (with
the conſent of the Paſtor) whoſe Pariſh the Delinqüent dwelleth in, and
that for heynous, and ſcandalous Crimes, joyned with obſtinate, and wilful
Contempts of the Churches Authority, and that for non-Appearances, or Ör-
dinances, upon ordinary occaſions, ſome Leſser puniſhments might be inflicted,
and that approved by Law.
5. Thåt Biſhops might not demand Benevolence for the Clergy,nor exact
Allowance for their Diyet at. the Viſitations, nor ſuffer their Servants to
exact undue Fees at Ordinations, and Inſtitutions.
6. Thdt Biſhops and Chancellors and officials, may be fubjet to the Cen-
fures of Provincial Synods, and Convocations.
A Bill was Read the firſt and ſecond time for the ſpeedy raiſing Mony Treſday,
for Disbanding the Armies and Committed to a Cominittee of the whole June 22.
Disbanding
Houſe:
A moſt Excellent Petition from the Univerſity of Oxon, for the retain- cwice.
ing and Eſtabliſhing of Epiſcopacy; but alas they did but ſurdis Canere,
theſe Serpents were not to be charmed by their Sovereign, mucli leſs by
the Muſës, though they could have charmed ten thouſand times more
powerfully and wiſely than they did. However, it will be for their Im-
mortal Glory, That in the worſt of Times, and even when the Storm
was in its moſt bluſtring Rage, they durſt oppoſe the Tempeſt and De-
fend the Truth. The Petition was as follows.
1
Bill read
To the High and Honourable Court of Parliament,
The Humble Petition of the Univerſity of Oxford
1
t
cs
06
THA
06
Sheweth,
HAT whereas the Univerſity hath been informed of ſeveral The Petition
Petitions concerning the preſent Government of this Church,and of the Univer-
« maintenance of the Clergy, which have of late been exhibited to this for Epiſca-
“ Honourable Aſſembly ; We could not but think our Selves bound in pacy, June 22.
Duty to God, and this whole Nation, in charity to our Selves and Suc- 1641.
« ceſſors; who have and are like to have more than ordinary intereſt in
any
Reſolution that ſhall be taken concerning Church-Affairs, in all
“ humility,to deſire the continuance of that Forin of Government, which
« is now Eſtabliſhed here, and hath been preſerved in ſome of the Eaſtern
6 and Wejiern Churches in a continued Succeſſion of Biſhops,down from
" the very Apoſtles to this preſent time; the like whereof cannot be af-
« firinca of any other Form of Government in any Church. · Upon
“ which Conſidcration, and ſuch other Motives as have been already
repreſented to th s Honourable Parliament from other Perſons and Pla-
ces (with whom we concur) in behalf of Epiſcopacy, We earneſtly de-
“ fire, That you would Protect that Aricient
and Apoſtólical Order from
“ Ruine or Diminution.
“ And become farther Suiters for the Continuance of thoſe Pious
Vol. I).
“
Founda-
EC
Rr
306 An Impartial Collection of all the memorable Events
!
(G.
Fune,
1 641.
(C
:
66
CC
« Foundations of Cathedral Churches, with their Lands and Revenues,
As dedicate to the Service and Honour of God, foon after the plan-
« tation of Chriſtianity, in the Engliſh Nation :
As thought fit and Uſeful to be preſerved for that erid, when the
" Nurſeries of Superſtition were demoliſhed, and ſo continued in the laſt
and beſt Times ſince the Bleſſed Reformation, under King Edw. 6. Q.
“Elizabeth and King James, Princes Renowned through the World for
“ their Piety and Wiſdome:
As approved and confirmed by the Laws of this Land, Ancient and
« Modern:
As the principal outward Motive and Encouragement of all Stu-
dents, eſpecially in Divinity, and the fitteſt Reward of ſome deep and
" eminent Scholars
As producing or nouriſhing in all Ages many Godly and Learned
Men, who have moſt ſtrongly aſſerted the Truth of that Religion we
profeſs, againſt the many fierce Oppoſitions of our Adverſaries of
Rome :
“ As affording a competent Portion in an ingenuous way to many
Younger
Brothers of good Parentage, who devote themſelves to the
Miniſtery of the Goſpel :
As the only means of Subſiſtence to a multitude of Officers and
other Miniſters, who with their Families depend upon them, and are
wholly maintained by them:
“ As the main Authors or Upholders of divers Schools
, Hoſpitals,
High-wayes, Bridges, and other Publique and Pious Works':
As ſpecial Cauſes of much Profit and Advantage to thoſe Cities
where they are ſituate, not only by relieving their Poor, and keeping
convenient Hoſpitality, but by occafioning a frequent reſort of
Strangers from other Parts, to the great benefit of all Tradeſmen, and
« moſt Inhabitants in thoſe places :
As the goodly Monuments of our Predeceſſors Piety, and preſent
“ Honour of this Kingdom in the Eye of Forreign Nations :
As the chief Support of many Thouſand Families of the Laity, whu
enjoy fair Eſtates from them in a free
way:
As yielding a conſtant and ample Revenue to the Crown:
“And as by which many of the Learned Profeßours in our Univerſity
are maintained.
“ The Subverſion or Alienation whereof muſt (as we conceive) not
only be attended with ſuch conſequences as will redound to the
ſcan-
“ dal of many well affected to our Religion, but open the mouths of our
Adverſaries, and of Poſterity againſt us; and is likely in time to draw
after it harder conditions upon a conſiderable part of the Laity, an uni-
"verſal cheapneſs and contempt upon the Clergy, a lamentable droop-
“ ing and defection of Induſtry and Knowledg in the Univerſities; which
is eaſie to foreſee, but will be hard to remedy.
May it therefore pleaſe this Honourable Aſſembly, upon theſe and
ſuch other confiderations as Tour great Wiſdomes Mall ſuggeſt,
to take ſuch Pious Care for the Continuance of theſe Religious
Houſes, and their Revenues, according to the beſt Intentions of
their Founders, as may be to the moſt furtherance of God's Glory
and Service, the Honour of this Church and Nation, the Ad-
vancement of Religion and
Learning, the Encouragement of the
Modeft
oc
li
"!!
14
from the Scotch Rebellion to the King's Murther. 307
Modeſt Hopes and Honest Endeavours of many Hundred Stu-
dents in the Univerſities.
Fune,
1 64.1.1
Who do and ſhall ever pray,&c.
Dat. An. Dom. millefimo fexcent quad' primo è Domo Convocationis,
in celebri Conventu Doctorum ac Magiftrorum, omnibus & fingulis
aßentientibus.
1
1
Letters to be
Upon Report from the Lords Committees for Priviledges, It is Or- The L. Morley
dered,. That the Lord Morley and Monteagle ſhall be Tryed at the Barr to be Trzed
in this Houſe touching the Murther of Peter Clarke, and that a Writ of for the Mur-
Certiorari ſhall be directed to the Lord Chief Juſtice of the Kings-Bench, ther of one
to bring into this Houſe the Indictment and Examinations againſt the ſaid Clark
.
Lord Morley remaining now in the Court of Kings Bench,that the King's
Attorney and the rest of his Majeſties Learned Counſel ſhall give in Evi-
dence on the Kings behalf against the ſaid Lord Morley. And that the
Said Lord Morley ſhall have Liberty to have Counſel to ſpeak for him in
point of Law only, but not to matter of fact
. And laſtly, That the Com-
plainants ſhall be heard by their Counſel at the Barr at their ſaid Tryal,
if they deſire it. And becauſe that in one and the ſame Indiftment the
ſaid Lord Morley and Mr. Kirke are both contained, this Houſe doth
further Order, That the Record of the Indiĉtment for ſo much as concerns
the ſaid Kirke, Jhall by this Houſe bę remanded to the Court of Kings-
Bench, that there he may be proceeded againſt according to Law. .
A Meſſage was fent up from the Commons by Mr. Hollis, who faid
he was commanded to let their Lordſhips know, That the Commons opened this
have taken Notice of the Secret Counſels of Jeſuits and other ill-affected Week.
perſons in the Kingdom, which are fomented by our Enemies abroad, to
disturb the Peace of this Kingdom and Scotland ; the deſire of the Houſe
of Commons was, That all ſuſpected perſons be ſtopped at the Ports, and if
Cauſe Examined ; and that the Letters of this Week which come from
France may be ſtayed and brought to this Houſe, to be peruſed as hath for-
merly been.
Upon which the Lords Ordered,That the Poſt-Maſter Mr. Thomas Wi-
therings ſhould bring the Letters accordingly
, and that ſuſpected perſons
ſhould be Examined, and, if there were occaſion for it, apprehended. And
the L. Privy Seal, Earl of Cambridg, Earl of Holland, Viſcount Say and
Seal, were appointed by the Houſe to acquaint his Majeſty with
what
the Houſe Reſolved in this buſineſs.
· His Majeſty coming this Day to the Houſe of Lords, the Commons
were ſent for to attend him, by the Gentleman Uſher of the Black Rod,
in order to his giving the Royal Aflent to the Bill for Tonnage and
Poundage ; when the Speaker of the Commons Houſe addreſſed himſelf
to his Majeſty with this following Speech.
T
Hat policy, moſt Gracious and Dread Soveraign, which weighs the Prérogative Mr. Speaker's
of the King and Property of the Subject in the Same Scales, and increaſes Speech to his
the plenty of the Crown, and contentment of ibe People; the even poifing of Majeſty at the
palling the
this Beam "enables both, the one being ordained for the preſervation of the other.
This Principle is ſo riveted into the Hearts of your subjects by the Acts of their
Anceſtors, and Traditions of their Fore-fathers, that it liath Created á belief in them, Poundage,
that their Wills are bound to a due Allegiance, and their. Fortunes, and Eſtates, as June 22.1641.
VOL. II.
Bill for Ton :
Rr 2
mell
.
308
June,
1: 6:4 I.
An. Impartial Collection of all the memorable Events
mell as their Daty and Subje£tion, muſt bend to the Commands of that Soveraign power
with which God hath inveſted your Sacred Majeſty:
Compulſary obedience, advanced by the tranſcendent power of Prerogative, is too
weak to ſupport the right of Government : It is the Affections and Eſtates of your
People
, tyed with the Threads of Obedience, by the Rules of Law, that faſtens ſafety and
proſperity to the Crown.
The experiment of elder times, in the Reigns of the most Valiant puiſſant Princes,
bath concluded this the Soveraign Preſervative againſt the Diſeaſes of diftraltion and
confufion, and makes it manifeſt to the World, that the Honour and Glory of this
Throne is to command tbe Hearts of Free-men.
This admitted, the permiſſion of the leaſt diminution, or any Eclipſed interpoſition
between the Honor and Plenty of the Crown, contracts a Scorn upon the Nation.
Several Parliaments in former times have ſtampt the Charatter of a free gift spare
the Fore-front of this Aid, ſtill offered by the People
, as a Sacrifice of Thanks-giving
to the Crown, for the ſafe conduct of your Merchants, and proviſion of the Navy, io
| Strengthen your undoubted Dominion over the Seas, which harb protetted your Allyes,
and is a Terroir to your Enemies.
Our hopes were long ſince to have ſetled this for the meaſure and the time, and with
this to have preſented to your Sacred Majesty the triumphant Palm of Tranquility in all
your Kingdoms: But, as a Slip Floating upon a Rough Sea, Ive have been caſt upon
the Rock of Fear and Dangers, and toffed on the Billows of diſtration and diſtrust
of Charch and Common-wealth, where we yet remain hopeleſs ever to paſs through thar
narrom Channel which leads to the Haven of Peace, unleſs we be ſpeedily Steered on by
the hand of your Sacred Wiſdom, Care and. Providence.
In the midſt of all theſe troubles, and the ſeveral Opinions which bave been
amongſt
usg no divifior bad power to diſtračt any one of us from the care and Duty we owe to your
Sacred Perſon.
And, to that end am I now ſent by the Commons of England, to preſent this as a
Mark only, whereby your Sacred Majeſty may view the inward duties of our Hearts,
until time and opportunity will give Leave for a further expreſſion of our Dustics and
Affe£tions. The acceptation of this Gift will glad the Hearts of your People, and the
approbation by the Rayal Aſent of this Bill (being the largeſt for the meaſure which was
ever given) will joyn Wings to our deſires and hopes, which ſhall never return without
that Olive Leaf, which may declare that the Waters are abated, and your Sacred Ma-
jeſty may have full afſurance of the Faith and Loyalty of your Subje&ts.
To which his Majeſty was pleaſed to return this Gracious Anſwer.
1
.
1
1
Teſtimony
Paſſing the
Bill for Ton-
1641.
My Lords and Gentlemen,
The King's
Do very willingly accept Tour Offer made at this time as a
Speech at the
of your Love, and of that Dutiful Affection Tou owe Me, and I no way
doubt but that You will perform that which You have intimated unto
nage & Poun- Me, in perfecting the other Bill when you have Liezure. Likewiſe in paf-
dage, June 22.
ſing this Bill
, you cannot
but ſee a great Testimony of the Truſt and con-
fidence I have in Tour Affections ; as fince this Parliament begun, I have
omitted no Occaſion whereby I may shew ſuch Affection to My People, as I
deſire My People ſhould ſhew to Me ; and not only ſo, but likewiſe in
Eſchewing all Occafons of Diſpute, and in ſeeking to remove Jealou-
fies.
And for this particular Bill, you cannot but know that I do Freely and
Frankly give over that Right which My Predeceſſors have ever Eſteemed
their own, though I confeſs diſputed, yet ſo as it was never Tielded by any
of them. Therefore you muſt underſtand this as a mark of My Confidence
thus to put My Self wholly upon the Love and Affections of My
People for My Subſiſtence, and therefore I hope in the perfecting of this
you have begun, you will go on the more Cheerfully.
And as for thoſe Rumors which have bred Sufpitions concerning the
Army,
in
you,
1.
1
1
1 6:41
11
f
1
1
from the Scotch Rebellion to the King's Murther.
309
Army, though I have heard ſome looſe: Diſcourſes touching it,ivhich I never | Fune,
underſtood otherwiſe than as having Relation to the Scottiſh Army, or pre-
venting Inſurrections, yet they were ſo flight of themſelves, that they
vaniſhed by their own lightneſs within few dayes after they were born.
And therefore having ſhewed you my Clearneſs in this, I will leave you
with the Aſurance, That I never had other Deſign but to win the Affetti-
ons of my People by the Juſtice of my Government.
With this flattering Eloquence did they endeavour to impoſe upon
the gracious Inclinations of his Majeſty, who did in all things apply
himſelf to oblige them, repreſenting themſelves as moſt tenderly con-
cerned for the Support of his Royal Crown and Dignity by this ſmall
Supply; which was in reality nothing more than raiſing mony by his
Royal Authority towards defraying a Debt which they had drawn upon
the Nation by the burdenſome maintenance of the Army of their Bre-
thren of Scotland.
Dr. Leighton another ſuch Turbulent Presbyterian as · Prin, Burton Wedneſday
.
and Baſtwick, who for his affronting the Government was committed June 23.
Priſoner to the Fleet, was this day by order of the Houſe of Commons Dr. Leighton
inlarged from his Impriſonment.
inlarged from
his Impriſon.
A Bill was this Day read the firſt time for the puniſhing of Scandalous ment in the
Miniſters. By which, as it afterwards appeared, they intended the Loy- A Bill for pu-
al and Orthodox Clergy ;, for indeed to ſtand up for the Eſtabliſhed niſhing Scan-
Government of the Church, to defend the Liturgy, to maintain the Roy- dalous Minia
al Prerogative, or to ſpeak any thing againſt the violent proceedings of firft time.
the Parliament for Extirpation of Epiſcopacy, were the greateſt Crimes
and Scandals in the World, againſt which neither Learning nor Priety
were the leaſt Defence.
A Bill was alſo read the firſt time for ſuppreſſing and aboliſhing the A Bill for ta-
Court, called the Court of Requeſts.
king away the
The King had now uport the preſſing importunities of the Scottiſh queſts,read the
Commiſſioners, and in hopes by his preſence there at the Parliament,
to Compoſe the Affairs of that Kingdom, reſolved upon a journey into
Scotland : This ſudden turn put the Faction in England to a ſtrange per-
plexity. They were very jealous and fearful left the King coming to
a perfect accominodation with his Subjects of Scotland, they might be
defeated of the hopes of that Brotherly aſſiſtance which they expected
from them, and which they had purchaſed at ſo dear a Rate; and that
the want of their heļp might prove a mighty obſtacle to the intended
progreſs of their Reformation of the Church and State in England.
But Mr. Pym who never wanted a Letter of dangerous Conſequence,
though of his own Contrivance, to help them out at a dead lift, produ-
ced one in the Houſe, which being read, he moved that a Conference Thurſday,
should be deſired with the Lords concerning the King's going into Scot- Fune 24,
land.
The Bill for the regulating the Clerks of the Markets, being read a paſſed the
third time, was alſo this day paſſed the Houſe of Commons.
Alſo the Bill for puniſhing Scandalous Miniſters was read a ſecond niſhment of
time.
Miniſters,read
A Bill for the preventing vexatious Suits for Knighthood, had alſo this a ſecond time.
day a fecond-Reading.
Then ſeveral heads for a Conference with the Lords, and ſeveral Pro-For Knights
poſitions to the King before he go into Scotland, were read.
The ſecond time.
T T
Court of Re-
1
Clerk of the
Markets Bill
Commons.
Bill for pu-
Scandalous
Bill to prevent
vexacious ſuits
hood read a
-
?
Confeſior ſeor
for about a
310 An Impartial Collection of all the memorable Events
June,
The Ceſſation was alſo prolonged for a fortnight longer, if the Treaty
1 641. Thall ſo long continue.
It was Ordered, That Father Phillips ſhould be ſent for to attend the
Ceſſation pro- Committee in the Afternoon, about a Letter from one Father Philips to
Father Philips Mr. Mountague in France.
the Queens
The Meſſenger coming to White-hall
, and finding him acquainted
Letter inter- him therewith: Philips told him, He would only go in again and eat
to Mr. Monta- \Something, and go along with him : But he immediately went and ac-
gue in France. (quainted the Queen with his ſending for by the Commons; after ſome
ſtay he returned and told the Meſſenger, That he had been with the
Queen, who had commanded him not to go till ſhe had ſpoken with the
King ; and that he would obey her Command before that of the Houſe of
Commons. Which Meſſage being related to the Houſe, it was Ordered,
That a Warrant ſhould be ſent to apprehend him, and bring him before the
Houſe as a Delinquent.
A Warrant was alſo directed to the Serjcant at Arms to bring the
Pope's Nuncio before the Houſe, but he was not to be found.
which was
>
The 10 Propo-
The Biſhop of Lincoln Reports the Conference about the Ten Propo-
fitions of the fitions had this morning with the Houſe of Commons
Commons to
delivered by Mr. Pym, who ſpake as followeth.
be preſented
to the King
before he goes He told your Lordſhips that he was commanded by the Houſe of Com-
into Scotland,
Fune 24,1641 mons to preſent unto your Lordſhips their continued čare and Ěndeavour
for the good of the Kingdom, that as your affections are United with them
in one great End, to ſerve God, the King and the Commonwealth, So your
Counſels might likewiſe jointly Co-operate thereunto.
There is but one End and one Foundation of all theſe Affections and
Counſels, howbeit they ſpread themſelves to many and
ſeveral Branches,
for they are ſo United and Interweaved Duties, which we owe to our God,
our King, and our Common-wealth, that we cannot duely and truely ſerve
God, but thëreby we ſerve our King, nor ſerve God and our King as we
ought without our Service to the Common-wealth.
And as a way to this common and General End, he was to make unto
your Lordſhips
Several Propoſitions.
Becauſe they had lately found out very Malignant and Peſtiferous De-
ſigns ſet on foot or plotted to trouble the Peace of the Kingdom. The
which, though they were prevented, yet were ſtill purſued, which is the
Reaſon why the Houſe of Commons do preſent your Lordſhips with theſe
Several Propoſitions in Ten ſeveral Heads, which have their Branches
and Subdiviſions made under them.
.
1
Firſt Head.
The firſt Head concerning the Disbanding of the Army, that is in the
Forefront, becauſe it is first to be done, and to make way for all the reſt.
And of this foær ſeveral Branches.
(1.) The Houſe of Commons deſires the five Regiments to be firſt Dif-
banded according to the former Order agreed upon by both Houſes.
(2.) The Commiſſioners for the Scots to be deſired to retire ſome of
their Troops from the Teeze.
G.) That their Lordſhips would joyn with the Houſe of Commons in
an humble motion to his Majeſty to declare theſe Five Regiments to be
Disbanded, and the reſt of the Army as ſoon as · Mony may be provided,
and
!
V
1 641.
ſhould be.
from the Scotch Rebellion to the King's Murther. 311
and for the puniſhment of thoſe that ſhall refuſe to Disband, if any ſuch | Fune,
( 4.) That the Lord General ſhould be intreated forthwith to repair
to the Army, upon Saturday at the furtheſt, at which time the Many will
be there.
And that the Lord Newport, Maſter of the Ordnance, may likewiſe be
there to take care of the Ordnance, and all things under his charge.
The Second Head was, That his Majeſty will be pleaſed to allow a con- Secorid Head.
venient time before his journey into Scotland, that ſo the Army may first
be Disbanded; and that ſome of the important Affairs now depending in
Parliament, ſome in both Houſes, and other fome in the Houſe of Commons
may be diſpatched before his Majeſties Fourney.
This Propoſition he backs with theſe Four Reaſons.
(1.) The Safety of his Majeſties Perſon.
(2.) The Removing of the Jealoufies of his good Subjects.
C 3.) The Cutting off the hopes of thoſe which are ill affected, and have
any Deſign of diſturbing the Kingdom by means of the Armies
.
( 4.) The great advantage in his Majeſties own Affairs, and content-
ment of his people, if before his going, the Royal Allent may paſs to divers
Bills concerning the Reformation of the Church and State, whereof ſome
are already ſent up, and others in Preparation, as the Bill intended for
further Grant of Tonnage and Poundage, and other Cuſtoms.
That ſome time may be employed to Regulate the King's Eſtate and Re-
venue, to free them of unnecelary Burthens, and to employ them for the
good of the Commonwealth. All which require his.. preſence in Parlia-
1
meni.
1
The Third Head was about his Majeſties Councels.
Third Head.
( 1.) That his Majeſty may be humbly Petitioned to remove ſuch évil
Counſellors againſt whom there mall be any juft Exceptions : And for the
Committing of his own Buſineſs, and the Affairs of the King to ſuch Coun-
ſellors and Officers as the Parliament may have cauſe to confide in.
The Reaſons, Becauſe all thoſe ill effects we feel were produced by thoſe
ill Counſels, in all the three Fundamentals before Spoken of.
(1.) In matters of Religion.
( 2.) In the King's private Eſtate.
(3.) In the good of the whole Kingdom.
All theſe Three have decayed, but thoſe of another Kind and Allay have
much proſpered of late amongſt us; as matters of Monopolies, matters of
Projects, and new Inventions.
Here he told your Lordſhips a Tale of a Gardner, who being demanded
why the Weeds grew ſo faſt and the Flowers fo thin in his Ground-Plot,
anſwered, That the Weeds were the true Children, but the Flowers were
but ſo many Slips and Baſtards. So, faith he, it is written, That Kings
ſhould be our Nurſing-Fathers, and Queens our Nurfing-Mothers
, but we
have found here of late, by reaſon of bad Counſellors, no Nurſes, but Hire-
lings of the Publičk State; theſe therefore are especially to be removed,
for the reducing of the Kingdom to a better Condition and Poſture.
Howbeit ihis Requeſt is by the Commons recommended but in general
for the preſent, without pointing out, or deſigning of particulars, in hope
the
i
1
Fourth Head.
312 An Impartial Collection of all the memorable Events
June; the King will find them out himſelf : Otherwiſe it will cauſe the Houſe of
1 641. Commons to reduce this Petition to Names of Particulars; and therefore
they deſire your Lordſhips ſo to commend it to his Majeſty, that he would
put the Affairs of his own and the Kingdom into ſuch hands, as his Majeſty
and the Parliament may confide in.
The Fourth Head concerns the Queens Majeſty, and confifts of several
Branches.
(1.) That his Majeſty will be graciouſlyy pleaſed by Advice of his Par-
liament, to perſuade the Queen to take ſome of the Nobility, and others
of Trust into her Service in ſuch Places as are now of her diſpoſing.
Reafon.
She ſhewed her ſelf ready to do any thing for the Common good of the
Kingdom, and this is of that kind.
(2.) That no Jefuit be entertained into Her Majeſties Service, nor any
Prieſts Natives of his Majeſties Dominions.
The Reaſons of this. Firſt, Becauſe Baniſhed in all other Courts of
Catholique Princes. Secondly, Againſt the Laws of our Nation, that Na-
tive Prieſts ſhould be here.
(3.) That the Colledg of Capuchins at Denmark-Houſe may be dißol-
ved, and the Ferfons ſent away out of the Kingdom for theſe Four Rea-
fons :
1. Their being here is a Scandal to our Religion, and a Danger to our
Peace.
2. Diſaffection to the State manifeſted in Two Letters dated May, 6.
whereby many Slanders are cast upon the Parliament and the good Subjects
under the Name of Puritans, as diſaffected and injurious to the Queens
Perſon, and thereupon the Cardinal excited to some Deſign against
England.
3. The Letter of Nathanael Phillips, wherein by way of Reproach unto
the Parliament he writes, That the Protestation taken in both Houſes is
like the Scottiſh Covenant, but ſomewhat worſe.
4ly, That divers Informations are given of great quantity of Gold Tranſ-
ported by theſe Prieſts.
(4.) The Fourth Branch concerning the Queen, is upon the ſpecial Oc-
caſion of his Majeſties abſence; That your Lordſhips would joyn with the
Houſe of Commons to Adviſe the King.
That
ſome of the Nobility and others of Quality with a competent Guard,
may be appointed to attend the Queen for the Security of her. Royal Perſon
againſt all Deſigns of the Papiſts, and others ill-affected to the Peace of
the Kingdom.
The Reaſons for this, Firſt, To ſecure Her from Popiſh Attempts,
Secondly, By the Watchfulneſs of thoſe Wortly Perſons, Prieſts and Je-
ſuits may be kept from the Court.
He proteſted, That herein they intended nothing of Diſrespect; he ſaid
it was a bleſsed thing to be kept from Temptation ; and to be rid of thoſe
Flies, would gain the Queen the Love of the People in his Majeſties Åb-
rence.
Fifth Head.
The Fifth Head concerning the Prince, and the reſt of the Royal
Ißue.
That some Perſon of Publique Truſt, and well-affected in Religion, may
by
]
.
I
1
*
41
may take
Seventh Head
1
from the Scotch Rebellion to the King's Murther. 313
by Advice of the Parliament be placed about the Prince, and
Tune,
Care of his Education, Eſpecially in matters of Religion; and the like 164.1,
Care to be taken of the reſt of his Majesties Children.
The Sixth Head concerning Papiſts coming to Court, conſiſted of Four Sixth Head.
Branches.
(1.) Humbly deſired by the Commons,who deſire your Lordſhips to Foyn
with them in that Petition, That his Majeſty would be ſparing in Licen-
fing Papiſts to come to Court:
(2.) That if they come without Licenſe, they may be puniſhed ſeverely,
and the Laws be put in Execution.
(3.). That if any Engliſh-woman that is a Papist be about the Court;fhe
may not refide.
(4.) That no Penſion be paid to any lying beyond the Seas, which are
of dangerous Condition; And further, That Engliſh Ladies Papiſts be re-
moved from the Court, and his Majeſty moved for his Aßent, That the
Perſons of the moſt Altive Papiſts be ſo reſtrained, as ſhall be neceſary
for the safety of the Kingdom, even Lords as well as others.
The Seventh Head, concerning the Nuncio's.
That it may be declared by an A&t of Parliament, That if any man ſhall
preſume to come to this Kingdom with Inſtructions from the Pope or Court
of Rome,that he ſhall be in caſe of High Treaſon and out of the Protection
of the King and Laws.
The Eighth Head, concerning the Security and Peace of the Kingdom, Eighth Head.
conſiſted of Four Branches.
(1.) That men of Honour and Trust be placed Lord Lieutenants in
every County, and that direction be given to the Lieutenants to be care-
ful in the Choice of their Deputies.
(2.) That the Trained Bands be furniſhed with Arms, Powder and Bul-
let, and that they be Exerciſed, and made ready for Service ; alſo that
an Oath be prepared to paß both the Houſes of Parliament, Cor elſe where
Oaths cannot be Enjoyned) to be taken by the Lord Lieutenants, Deputya
Lieutenants, and other Officers of Trained-Bands, and to ſecure their Fi-
delity in theſe Dangerous Times.
(3.) That the Cinque-Ports, and other Parts of the Kingdom may be
put into good Hands, and a List of thoſe who Govern them may
be
Sented to the Parliament, and that thoſe Perſons may be altered
upon Rea-
Yon, and that Especial Care be taken for Reparation and Proviſion of the
Forts.
(4.) That my Lord Admiral (that Noble Lord, of whoſe Honour the
Houfe of Commons ſtand ſecure) be deſired to inform the Parliament in
what caſe the Navy is, that if there be any defect, it may be provided
for out of the Money which is to come upon the Bill of Tonnage and Poun-
dage ; And that if any fufpe&ted perſon have any command in any of his
be removed.
may
Majeſties Ships, that he
The Ninth Head was, That his Majeſtie will be pleaſed to give Dire- Ninth (Head.
Etions to his Learned Counſel, to draw a General Pardon, in ſuch a Large
and Beneficial manner as may be for the Security of his Subjects.
The Tenth Head was; That Ansele&t Committee of the Lords may joyn Tenth Hlzad.
Vol. II.
Sf
with
+
pre-
th
*
4
1
a part de
1
1 641.
+
314 An Impartial Collection of all the memorable Events
June, with a proportionable Number of the Houſe of Commons from time to time
to confér about the particular
courſes
, as may be moſt Effectual for the Re-
w ducing theſe Propoſitions to Effect for the Publique Good.
See here the Sketch or rough Draught of the Enſuing Rebellion and
Revolution which had been ſo long hatching by theſe Popular and Pre-
tended Patriots.
For that they might either totally Abrogate, or at leaſt Reduce the
Imperial Monarchy of theſe Nations to a Venetian Dukedom; or, as af-
terwards, to an Oligarchical State, it was neceſſary they ſhould poſſeſs
themſelves of the Power of the Militia, the Forts, Garriſons and Strength
of the Nation, and to put out all thoſe who were the King's moſt Loyal
Subjects, and true to Monarchy and Parliaments upon the Old Founda-
tion of the Three Eſtates, out of all Power and Truſt, as Evil Counſel-
lors; and to put into their places ſuch perſons as the Parliament might
confide in, which were thoſe of the Puritanical Faction : And becauſe
the King would not ſubject himſelf to the Tyranny and Arbitrary Go-
vernment of theſe his Subjects, they therefore endeavoured to perſuade
the People, that the King by the Suggeſtion of his Evil Counſellors in-
tended to do ſo Himſelf, and ſet up Arbitrary Power over them : upon
this point of the Militia it was that the matter came to the Fatal Um-
pirage and Deciſion of the Sword.
And left the King ſhould, to prevent this Impoſition upon his Royal
Prerogative,have gotten into the Affections both of the Engliſh and Scot-
tiſh Army, whoſe Mercenary Temper from Experience they very well
knew, they were now ſo ſollicitous for the preſent Disbanding, which
if it could not be accompliſhed ſo ſoon as they deſired, yet the ſetting
a Guard upon the Queen, was to have a Pawn which they knew was
very dear to his Majeſty, to ſecure themſelves againſt all Events.
However, it was a high point of Wiſdom in them to procure a Full
and General Pardon for what they had already done and attempted,
which was only to be Beneficial to themſelves and their own Party, all
the Incendiaries, and Malignants,and ſuch as they had put the Brand of
Impeachment or Accuſation upon, being to be Excepted, as was after-
wards Urged in the Houſe upon Mr. Selden's preſſing it in favour of Sir
John Suckling, Commiſſary Wilmot, and ſome others.
Friday,
A Meſſage was brought to the Houſe from his Majeſty, to let them
Fune 25
know, That his Majeſty gives Conſent to the Disbanding of the Army,
Meffage from and wiſhes it may be done with Honour and Safety to the Nation. His
his Majefly
Majeſty alſo acquainted them, That the Pope's Nuncio ſhould be preſently
banding fent away out of the Kingdom.
The 1,2, & 3.
This Day in the Lords Houſe, the Firſt, Second and Third Heads of
of the 10 Prc- the Ten Propoſitions delivered by Mr. Pym at a late Conference, were
Agreed to by publickly read ; and for the Freer Debate of the ſame, the Houſe was
adjourned into a Committee during Pleaſure, and after a long Conſide-
ration of them, they were agreed to.
After which the Houſe was reaſſumed, and it was moved, That the
cerning the Inhabitants of the Counties of Northumberland, Biſhoprick of Durham,
and Town of Newcaſtle do defire, That a Commiſſion may Iſsue to certain
Gentlemen of the ſaid Counties,joyned with ſuch Scottiſh Gentlemen as ſhall
be named by the Scottiſh Commiſſioners at Newcaſtle, whereby they may
be authorized where there are differences of Account between the Scots and
the ſaid Inhabitants.
(1.)ITO
about Dil
1
the Lords.
Northern
Counties to
take their
Accounts.
J
1
1
I 6-41.
+
}
1
Affiſtance.
from the Scotch Rebellion to the King's Murther.
315
(1.) To Examine Witneſſes upon Oath, what Moneys have been paid by
Fune,
the Said Inhabitants or any of them, for or towards the Relief of the Scot-
tiſh Army ſince the 28. of Auguſt laſt.
(2.) To Examine upon Oath, what Hay, Corn, or other Goods have fince
the fáid time been taken from the Inhabitants or any of them, by any officer
or Officers, or other perſon of the ſaid Scottiſh Army, and for which no
Payment or Satisfaction hath been made to the ſaid Inhabitants.
(3.) To Examine upon Oath, what Sum or Sums of Money are juftly
due and in arrear by the ſaid Army to the ſaid Counties or any Inhabi-
tants thereof, for Billetting any Horſe or Foot of the ſaid Army.
Ordered, That the Clerk of the Crown do ißue out a Commiſlion accord-
ingly.
A Meſſage was brought from the Houſe of Commons by Sir John Mellage about
Culpeper, to acquaint their Lordſhips with Three Votes made in their the payment
Houſe concerning the Scots. Two Voted the 19th of this Inſtant June, dhe arrears of
and the other made this Day, and deſired their Lordſhips to take them the Brotherly
into Conſideration and Confirm them.
The Votes were theſe :
Reſolved, That one Moiety of the Brotherly Aliſtance that is in Arrear,
ſhall be paid at Midſummer come 12 Month, and the other Moiety at
Midſummer come 2 Tears.
Reſolved,&c. That an Act of Parliament of Publique Faith ſhall paſs
for Security to be given for the Brotherly Aſſiſtance that is in Arrear.
Die Veneris 25. Junii, 1641. Reſolved, &c. That the Houſe of Com-
mons doth declare, That the Sums of. Money, Arrear for the Brotherly
Alliſtance to be compriſed in the Act of Parliament, is 220000 l.
Then it was Reſolved upon the Queſtion by the Major part of the
Lords, That this Houſe doth approve of theſe Votes of the Houſe of Com-
Memorand. That this Vote doth not Engage this Houſe in any Moneys,
but to ſtrengthen the Votes of the Houſe of Commons, thereby to prepare
an Act of Parliament for the Publique Faith.
An Officer being ſent with a Warrant to apprehend Father Phillips,
and Waiting for him at Whitehall, Complaint was made to the King
about it; And the Lord Chamberlain by the King's Command, fent for
the Officer to Examine him by what Authority he came into the Verge
of the Court to attach any perſon ; who ſhewing him his Warrant, de-
ſired he would truſt him with it to ſhew it to the King: Which the
Officer did, and the Lord Chamberlain ſoon after returning, gave this
Anſwer, That his Majeſty would Satisfie the Houſe about it, if Phillips
did not appear.
Thus did theſe men who made fuch Outcries againſt the leaſt in-
fringement of their Priviledges, make no ſcruple to invade the Undoubt-
ed Priviledge of his Majeſty and his Royal Court.
However, Phillips did appear in the Afternoon before the Committee,
where he was Examined about this Enſuing Letter, as I find it in the
Book of Speeches.
Copy of Fa.
He good King and Queen are left very naked; the Puritans, if they durft, his Letter to
world pull ihe good Queen in pieces; Can the good King of France ſuffer á Mr. Mountague
VOL. II,
SS 2
Danghter
mons.
A
:
ther Phillips
in France.
1
1
316 An Impartial Collection of all the memorable Events
Тине, ,
Daughter of France his Siſter, and her children, to be thus affronted? Can the Wife
I 641.
Cardinal endure England and Scotland to unite, and not be able 10 diſcern, in the ez.d
it is like they will joyn together, and turn head againſt France ? A stirring aktive
Ambaſſador might do good Service here; I have ſent you a Copy of the King's Speech
on Saturday laft, at which time he diſcharged his conſcience, and was adviſed to make
that Speech by the Earl of Briſtol, and the Lord Sey, but I believe there is a miſtake
in the Writing, and that it ſhould have been the Lord Savyil.
This Speech did much operate to the diſadvantage of the Earl of Strafford, for the
Commons were mach thereby incenſed, and inflamed againſt bim, and this brought forth
the next day, being Monday, a Proteſtation which was taken in both Houſes of Par-
liament, of the ſame nature, but rather worſe then the Scottiſh Covenant.
The Londoners who were very boyſterous came upon Munday, 5 or 6000, and mere
fo rude, that they would not ſuffer the Lords to come and go quietly and peaceably to their
Houſes, but threarned them, that if they had not Juſtice, and if they not his Life, it
ſhould go hard for all thoſe that ſtood for him, following them up and down, and calling
for Fuſtice, Juſtice, Juſtice.
There was in the Houſe of Commons, fifty fix that denyed to paſs the Earl of
Strafford's Bill, their Names were taken, and they were fixed upon Posts, in divers
parts of London, and there was Written over the Head, Theſe are Straffordians the
betrayers of their Country.
By this means it came to paſs that the Lords and Judges were much affrighted, and
the moſt of his Friends in the Lords Houſe forſook him; all the Popiſh Lords did abſent
themſelves; the Lord of Holland, and Hartford, were abſent, ſo was Briſtoll, and
others, Savyll and the Duke only ſtuck cloſe and faithfully to him, and ſome fere other
Lords; God knoirs the King is much dejected, The Lords much affrighted, which
makes the Citizens, and Houſe of Commons Ghete their Heads ; ſome have braved
little leſs then to unthrone His Majeſty, who if he had but an ordinary Spirit, might
eaſily quaſh and ſuppreſs theſe people. Our good Queen is muth affitted and in my con-
ſcience, the Puritans, if they durſt, would tear her in pieces, this cannot be for
the Honour of France, to endure a Daughter of that Nation, and her Children
Should be thus oppreſſed and affronted.
The Earl of Holland is made General of the Army, whither he is gone down ;
The Earl, of Newport, Maſter of the Ordnance : Belfoard the Lientenant of the
Tower, bath proved an errand Traytor to the King, who commanded him
upon
his
Allegiance to receive a Captain and 1000 men into the Tower, which he moſt Traite-
rouſly refuſed to do ; one clauſe is omitted, which ſhould have been placed in the middle
of the Letter, which was to this effect, that there was a report in London, Tbat the
Parliament Houſe was on fire,
whereupon there were more then 1000 People very ſuddenly
gathered together, whereby you may eaſily perceive the hight and violence of ibe People's
affections, May 6. Anno Dom. 1641.
This Letter was thought to be ſent from a Prieſt, calling himſelf Father Pbil-
lips to Mr. Montague.
There was arother Letter, and that was ſent from one Robert Philips, one of the
Queens Prieſts, and it is ſuppoſed to be to Maſter Montague, to this effect. Toi may
expect ſome company with you ere long ; Crofts, Suckling, Piercy, Jermyn, are gone;
all things here are in great incertainties. Proteſtation is made, and taken by both
Houſes much like, but much worſe, then the Scottiſh Covenant. I ſent you ſome mo-
mey by Maſter Jermyn, but now that he is gone, I make ſome doubt whether he might
be mindful of you to take it with him, I have ſpoke to the Queen about your occaſions and
will do what I can, though I am not able to undertake much.
5
+
Your Loving Friend,
Francis Bhilips.
There is one Paſſage in this Letter which makes me apt to ſuſpect it
to be a Forgery of ſome of the Party, and that is in the 5th Paragraph,
where ſpeaking of the Earl of Strafford, he faith, That moſt of his Friends
in
Fune,
from the Scotch Rebellion to the King's Murther. 317
in the Lords Houſe forſook him ; all the POPISH Lords did ab-
ſent themſelves. For certainly no Roman Prieſt would call tirem Popiſh, 164'1.
but Catholique Lords, which is their conſtant Dialect when they ſpeak
of thoſe of their own Sect and a peculiar Honour they arrogate to them-
ſelves; whereas they diſdain the word Popiſh,as generally beſtowed up-
on them in Diſtinction and Contempt by the Proteſtants.
Let it be as it will, Real or Counterfeit, it ſerved their Turn, made
a mighty Noiſe, and furniſhed them with a freſh Supply of thoſe Fears
and Jealouſies with which they intoxicated the People, and gave them
a Riſe for the Wheel that was now upon Motion to ſtop the King's in-
tended Journey into Scotland, of which they were not a little jealous
and diſtruſtful.
A Petition from ſeveral Miniſters of Wales was Read and referred to welch Peti-
the Committee for Scandalous Miniſters. Thus the Indulgent Mother- tion.
Church of England had nurſed up Undutiful and Unnatural Children to
Rebel againſt Her : a ſort of Amphibious Hypocrites, who could con-
form and ſwear Obedience to her Laws and Government, while ſhe was
in Proſperity, but Petition to pull her down when they ſaw her Entring
into the Red Sea of Perſecution; they who had Sucked her Breaſts, and
Eat of her Bread, now lifting up their Heels againſt her, and her Enemies
being thoſe of her own Houſe.
This Day the Houſe of Lords was adjourned, during Pleaſure, into a The further
Committee, to debate the reſt of the Ten Heads brought up from the Debate of the
Houſe of Commons. And the Houſe proceeded to the Fourth Head con- tions in the
cerning the Queens Majeſty.
And it was Ordered, That for the preſent this Head and Branches be Lords.
laid aſide untill the Articles made at the Marriage be ſeen.
Then the Fifth Head and the Branches were debated and agreed
Houſe of
to.
1
.
The Sixth Head, the ſecond Branch agreed to. The third Branch,
Agreed to joyn with the Houſe of Commons to Petition His Majeſty to
prevent it hereafter, and to let the Houſe of Commons know, That there
is but one Engliſh Lady about the Queen that is a Papiſt, and to acquaint
them with the quiet Condition of that Lady.
The 4th Branch agreed to.
The Fifth Branch concerning Active Papiſts, Agreed to know of the
Houſe of Commons, Who they mean by Active Papiſts, and how far the
Extent is to be
The Eighth Head concerning the Security and Peace of the Kingdom,
the firſt Branch agreed to, the ſecond Branch to be treated of at the
Committee. The third Branch alſo left to the Committee. The Fourth
Branch, Ordered, That the Earls of Eſſex and Leiceſter, and the Lord
Kymbolton, do acquaint the Lord Admiral with it.
The Ninth Head referred to the Committee, and they to call the
King's Counſel.
The Tenth Head agreed to concerning a Selečt Committee of Lords to
joyn with a proportionable number of the Houſe of Commons from time to
time to confer about theſe particular Courſes as ſhall be most Effectual for
the Reducing of the Propoſitions to Effečt for the Publique Good. And
theſe Lords following were appointed to be Committees for the ſame,
Viz.
Lord Chamberlain, E. Bath, E. Eſſex, E. Dorſet, E. Sarum, E. War-
wick, E. March. Their Lordſhips to meet when they pleaſe.
The
was
1
318
about Dir-
banding,
fixed.
June 26.
1
the Scots Com-
miſſioners
about the
1
โ land.
E
An Impartial Collection of all the memorable Events
June, * The Lords that were appointed to Wait.on His Majeſty, returned
I 64I.
this Anſwer, That the King will give Order to his Attorney-General to
ilue forth and fubliſh a Proclamation ſpeedily, and hath giren Directions
* Meſſage
from the King for Letters to be written to the Deputy-Lieutenants from the Lord Lieu-
tenants to aſist them with Power, if occaſion ſhall ſerve, for the quiet Con-
veying the Soldiers through the ſeveral Counties which they paſs. And
laſtly, That his Majeſty is willing the Earls of Holland and Newport do
go into the North to their ſeveral Charges in the Army at the time
pre-
Saturday, There was a Motion made from the Earl of Holland General of the
Army, who was going down, in order to the Disbanding, That he might
have an Act to impower him to Exerciſe Martial Law, if the Soldiers
should prove Mutinous ; but it was rejected : only they Reſolved to pro-
cure a Proclamation to be ſent down for the puniſhment of the Soldiers,
if they ſhould be diſorderly, by the Juſtices of Peace,and that the Juſtices
and other Civil Officers ſhould ſee the Soldiers orderly Conducted
through their reſpective Counties, to the places of their aboad.
Meſſage from
There was alſo a Meſſage from the Scots Commiſſioners, to acquaint
the Houſe, That they were informed that they had Voted againſt his Ma-
jeſties going into Scotland, as he had graciouſly promiſed them ; which,
Kings Journey they ſaid, might be of great prejudice unto them, for that they had ſent
Proclamations through the Kingdom of Scotland for his Majeſties Enter-
tainment within a certain limited time, and therefore they deſired the
Houſe would take it into conſideration : Nevertheleß, they did not defire
that his Majeſty ſhould go till Maiters were well ſettled here, provided
it might not be prejudicial unto them by caufing ſome Jealouſies among
the People there.
Monday, Sir William Savil this Day Petitioned the Houſe, upon which it was
Fone 28. Ordered, That he ſhould be diſcharged from his Impriſonment in the
Tower.
A Committee of 48 appointed to meet 24 Lords at a Conference in
the Painted Chamber, about the Propoſitions delivered by Mr. Pym on
Thurſday laſt concerning the King's going into Scotland,&c.
In the Houſe of Lords this day the Petition of the Lord Mayor and
Alderman of Aldermen of the City of London, lately preſented to the King, was by
Londons Peti- his Majeſty's Command delivered to the Houſe, and referred to the de-
termination of the Parliament.
chuſing one
The effect of the Petition was concerning the ſole Election of one of
the Sheriffs of London, which the Lord Mayor claims to have by pre-
ſcription of Three Hundred Years; to which the Commons of the ſaid
City diſaſſented, unleſs it be with their Confirmation and Approba-
tion.
Hereupon it was ordered, That thię Lord Mayor, Recorder, and ſome
of the Aldermen, and
ſome of the Commons of the City of London, fall
have notice to attend this Houſe to morrow morning at Eight of the Clock,
at which time their Lordſhips will hear both ſides what they can ſay in
this buſineſs.
Meſſage by A Meſſage was brought from the Houſe of Commons by Mr. Pym,
bour Pin arch who was commanded to let their Lordſhips know, That formerly they
biſhopsCharge brought up an Impeachment of High Treaſon againſt the Arch-Biſhop of
Canterbury, which hath lain aſleep ever ſince ; but now they intend to pro-
ceed, and Examine divers Witneſſes concerning that buſineſs ; therefore
deſired
Sir Iviliam
Savil releaſed
fromthe Tower.
The Lord
Major and
tion abcut
of the She-
riffs.
1
and Trial.
CE
I
June,
.
4
1
+
Order of the
from the Scotch Rebellion to the King's Murther. 319
deſired their Lordſhips that a ſelect Committee may be appointed to Exa-
mine ſuch Witneſes as the Houſe of Commons ſhall deſire, and that to be 1641.
in the preſence of ſome Members of the Houſe of Commons as they ſhall
appoint : and that the Examinations be kept ſecret as in the Caſe of the
Earl of Strafford : and as that they have made an Order in their Houfe,to
Examine ſuch Members of their Houſe as are requiſite, ſo they deſire their
Lordſhips will be pleaſed to provide, that ſuch Members and Aſiſtants of
this Houſe as they ſhall nominate may be Examined.
Whereupon it was Ordered, That this Houſe will joyn with the Houſe
of Commons in this Meſage.
Ordered, That the ſame deputed Lords do take the Examination of
Witneſſes upon Oath in the Cauſe concerning the Arch-Biſhop of Canter-
bury, as were deputed in the Earl of Strafford's
, and the same dath to be
Adminiſtred, and the ſame Courſe to be obſerved in the reſt of the Para
ticulars.
Ordered, That the now Earl of Bedford ſhall be added to the Deputed
Lords in his Father's room, and Mr. Attorny General, and Mr. Serjeant
Glanvile are appointed to write down the Examinations.
This afternoon, it being a conſiderable time before there were Forty Aftanding
Members to make a Houſe, it was Ordered, That ſo ſoon as the Houſe Houſe.
Sits, and that the Serjeant comes to any Committee then Sitting, to figni-
fie to them that the Houſe is Sitting, that the Chair-man ſhall immediate-
ly come away to attend the Service of the Houſe.
Ordered, That the Committee for the Biſhop of Bath and Wells hit to
morrow in the Afternoon at Two of the clock in the Dutchy Cham-
ber:
The Caſe of one Mr. Smith, a Miniſter, formerly ſuſpended by Sir John Votes in the
Lamb, being reported to the Houſe, it was
Reſolved, &c. That Mr. Smith was illegally fufpended by Sir John pended Mi-
Lamb, and that Sir John Lamb ought to give him reparation and ſatis-
faction for his damages Suſtain’d by that Suſpenſion.
Mr. Hide reports the Articles againſt Sir John Bramſton Knight, Lord
Chief Juſtice of the King's-Bench. All which being ſingly Voted toge- ports the Ar-
ther, with the Title, were ordered to be ingroſſed in order to their being ticles againſt
carried up to the Lords.
Upon the opening of the Cauſe between the Lord Mayor and Alder-ston.
men, and the Commonalty of London, concerning the Election of one verfy between
of the Sheriffs, which formerly hath been choſen by the Lord Mayor, the Lord Ma-
and preſented to the Commonalty on Midſummer-day for their Confir-jor and Com
mation : and likewiſe the differences concerning the Nomination and London about
Election of other Officers now in queſtion between the ſaid Lord May- De Sheriff
or and the Commonalty; the Lord Mayor alledging the ſaid Sheriff and heard.
Officers to be Nominated and Confirmed by him, according to the con-
ſtant practice of the ſaid City for 300 years laſt paſt
, without any con.
tradiction or gain-ſaying: But the Commonalty alledging on the behalf
of the Commons, that they had intereſt in the ſaid Nomination and
Elections, It was thereupon Ordered by the Lords in Parliament, That
the ſaid. Lord Mayor Mall call a Common-Hall on Friday, 2, July, 1641.
Which Common-Hall is to conſist of the Maſters and Wardens, and li-
very-men
Caſe of Mr.
Smith a ſur
niſter,
'Mr. Hide Re-
Lord Chief
Tuftice Bran-
The Contro
a
7
i
1
I
1
320 An Impartial Colle&tion of all the memorable Events
June, very-men of the ſeveral Companies of London, and no other. And that
I 641.
the Commonalty are then to Aſemble in a peaceable and quiet manner,
to ſettle and compoſe the Dfferences between the ſaid Lord Mayor and
themſelves if they can ; if not, then to make choice of Six diſcreet per:
Sons of the ſaid Commonalty to treat and debate this buſineſs between
them, and ſettle and compoſe all differences among themſelves, between
this and Friday come ſeven-night, being the Ninth of July, 1641. But in
caſe the ſaid Differences
cannot be compoſed, then the pleaſure of the Houſe
is, that the ſaid Cauſe ſhall be heard in open Houſe at the Bar on the
Said Ninth of July : And that in the mean time the ſaid Perſons fo che-
Sen as aforeſaid, ſhall have free liberty by themſelves, their Council and
others that they ſhall employ, to View and Tranſcribe
ſuch and
ſo much of
the Charters of the ſaid City, Aits of Common Council, Books of Entries
of Elections and Accompts, and all ſuch other Acts and Records as ſhall or
may concern the ſaid Cauſes in Queſtion ; and that all Clerks and
others
in whoſe Cuſtody the ſaid Inſtruments are, ſhall be aſiſting to the ſaid Sear-
chers : And laſtly, that if the Cauſe shall come before the Lords in Parlia-
ment, that then the ſaid
ſix Perſons fo choſen as aforeſaid, ſhall attend the
ſame before their Lordſhips.
Thus Early did the Faction graſp at every thing of Power and Au-
thority, and the Common-Halls indeavouring to diveſt the Lord Mayor
of his Priviledges, was but a fore-runner that the Houſe of Commons
would do the ſame, and ſet up the Popular Authority above that of
their Soveraign Lord the King, of whom the Lord Mayor was the imme-
diate Repreſentative.
Then the Earl of Briſtol Reported to the Houſe, That the Lords Com-
Brindes Res miſſioners had met with the Commiſſioners of Scotland, and delivered
unto
them the Paper concerning the time of his Majeſties Fourney into Scot-
land ; Which was read in hæc verba. Viz.
“ His Majeſty hath Commanded us to let you know, That whereas
the ſtaying
the Kings
he hath been Petitioned by both Houſes of Parliament for ſome ſtay
Journcy, June of his Journey to Scotland until the Armies be Disbanded, and that
divers other things for the Peace and Good of this Kingdom be ſet-
led ; And whereas his Majeſty doth acknowledg himſelf ingaged by
his Promiſe and by his Letters, as' likewiſe by his late Proclamation
declaring his Reſolution to be preſent at the Holding of the Parlia-
ment in Scotland at the day in the Proclamation limited, his Majeſty
being deſirous to give Satisfaction to the Parliaments of both King-
doms, hath Commanded Us to declare unto you the Deſire of the
Parliament of England, and to Treat with you how his Going may
be beſt Fitted and Accommodated to the Convenience of both King-
doms and the Deſire of both Parliaments.
Then was read the Scottiſh Commiſſioners Anſwer hereunto, which
follows,
« We do with all Thankfulneſs acknowledg bis Majeſties Royal and
". Tender Care of Settling the Affairs of his Ancient and Native King-
“ dome of Scotland, and the Conſtancy of his Reſolution according to
his Royal Promiſe and Proclamation to be preſent at the Day ap-
pointed.
Our Affection alſo toward the Settling of the Affairs of England
and the Deſires of the Houſes of Parliament that his Majeſties Journey
port of the
---
Scots Com-
millioners
Anſwer about
29. 1641.
(6
CC
66
CC
CC
1.
G6
(G
CC
<C
16
!
to
44
.
E
2
li
1
.
.
June,
!
(C
!
.
I
1.
from the Scotch Rebellion to the King's Murtber. 321
to Scotland may be ſtayed for ſome time, to that Effect, do ſo far !
prevail with us, that we ſhall deal moſt Earneſtly with the Parliament 16 4 1.
of Scotland, That they Adjourn their Meeting till the 5th of Auguſt ;
or if they ſhall find that a new Adjournment of the Parliament after
fo many Prorogations be ſo prejudicial to the preſent Condition of the
" Affairs of that Kingdom, that it cannot be granted ; We will Endea-
vour, That they may in their Meetings be only Exerciſed in prepa-
ring Matters for the Parliament; and that they determine nothing,
nor make any Act, till the day Deſigned for his Majeſties coming :
But withall we muſt ſignifie, That the preſent Conſtitution of that
Kingdom for want of Councel, Seſſion, and other Courts of Juſtice,
and many other Difficulties daily through delayes growing Greater, is
ſuch, that it cannot fuſſer longer delay.
And therefore that the Houſes of Parliament would be pleaſed to
far to Expreſs their Reciprocal reſpect of our Affairs, that they will
give preſent Aſſent to his Majeſties Coming in his Royal Perſon at the
day aforeſaid ; without which we can have no ground to deal with
the Parliament to the Effect above.
t.
4
CC
1
Adam Blairc.
;
Which Anſwer their Lordſhips taking into conſideration the Houſe
did incline that the King ſhould go his Journey to Scotland at the pre-
fixed time, Provided that the Armies be Disbanded, and the Bills paſs
which are ready, and will be ready for Settling the Peace and Security of
this Kingdom before that time ; And upon
ſignification that his Majeſty
Commanded the aboveſaid Anſwer to be Communicated to both Houſes
of Parliament, it was Reſolved to have a Conference with the Commons
;
Which being done accordingly, a Meſſage was brought from the Houſe
of Commons by Mr, Secretary Vane, to let them know, That upon the
Report made to the Houſe of Commons concerning the time of the l'ing's
Journey to Scotland, they have taken the ſame into. Confideration, and
they defire in Regard of the Weighty Affairs of the Kingdom at this time,
that their Lordſhips would joyn with them in Petitioning his Majeſty
,
That he would be pleaſed not to begin his fourney to Scotland from hence
untill the 10th of Auguſt next.
To which their Lordſhips Anſwer, That their Lordſhips will Foyn
with the Houſe of Commons in their Defires, and will appoint
fome Lords
to Attend his Majeſty for his Anſwer herein ; And the Earl of Eßex, Earl
of Warwick, and Earl of Briſtol were appointed to move the King herein
for his Anſwer.
4
1
The Earl of Briſtol returned with this Anſwer from his Majeſty. That
he is ingaged by Promiſe to be in Scotland by a peremptory Day; but if
the Lords Commiſioners do Treat with the Scots Commiſſioners for further
Time for his fourney, and they Conſent thereunto, bis Majeſty will refer
himſelf to it
Upon this the Lords Commiſſioners were appointed preſently to meet
with the Scots Commiſſioners, and move them herein ; and it was re-
turned, That the Scots Commiſioners hope the Parliament of Scotland
Vol. II.
.
Tt
will
ir
I
1 6.4 1.
to.
Committee
vived.,
A Petition
Se&taries for
London.
322 An Impartial Colle&tion of all the memorable Events
June, will give way for deferring the King's Fourney until the Tenth of Auguſt;
but deſire the Houſes of Parliament will declare whether they conſent to
the King's going then, or what other certain time the Parliament will
agree
And after a Conference with the Commons upon this Subject, the
Earl of Briſtol reported, That the Houſe of Commons by way of Anſwer
to the Conference, do preſent a Vote which was paſſed in their Houſe,
which was read as followeth :
Reſolved upon the Queſtion, That this Anſwer shall be returned to the
Lords, To deſire their Lordſhips to joyn with this Houſe to Petition his
Majeſty, that he will be pleaſed to ſtay his fourney into Scotland, until the
Ioth of Auguſt; and that if then he ſhall pleafé'to take his Journey, this
Houſe Mall Submit unto it.
Hereupon it was Ordered, That this Houſe doth Allent to the Vote
of the Houſe of Commons.
Upon the Petition of one Mr.Cradock it was Ordered, That the Com-
for Scandalous mittee for Scandalous Miniſters ſhould be revived to Sit on Friday, and
the Petition was referred to them.
Upon Readitig the Petition of the Parſon and ſome of the Inhabitants
againſt ſeveral of the Pariſh of St. Thomas Apoſtles in London, complaining that John
Blackivel, Francis Web, Thomas Colley, Michael Robinſon, Zacheus Iſles,
down
Rails ad St. Tho- George Dye and John Roberts, did in a violent manner break down and
nas Apoftles; carry away the Rails about the Communion-Table in the ſaid Church:
Hereupon it was Ordered, That the Parties aforeſaid be ſent for to An-
ſwer theſe miſdemeanours on Friday next.
So hot were theſe Zealots for this pretended Reformation, that the
late Sentence of the Lords againſt ſome of their Brethren in Iniquity was
not able to cool it: But the truth is, they were not only backed, but ſet
on by ſome ſticklers in the Houſe of Commons, who had a deſign
againſt theſe Superſtitious and Idolatrous Rails, and thought it a good
expedient to uſher it in, by ſhewing how grateful a piece of Reformation
it would be to the Godly and well-affected Party.
The Bill for the Poll-mony was this day read in the Houſe of Lords,
Wedneſday, and upon ſome diſlike about the inequality of the Rates, the Biſhops plea-
June 30.
ding their inability to pay their Firſt-fruits, Tenths, Subſidies and that
too, a Conference was deſired by the Houſe of Lords with the Com-
mons, at which Conference the Lords delivered the Bill back to have
fome Clauſes inſerted therein ; defiring that they might Rate their
Members, as the Commons did theirs: But the Commons inſiſted upon
it to be the undoubted Priviledge of the Houſe of Commons to impoſe
Taxes ; upon which occaſion Sir Simon D'Ewes made this following Dif-
courſe to their Lordſhips.
My Lords,
Sir Simou'
Shall humbly crave liberty to fhew you, that the Houſe of Commons hath
D'Ewis his I done no more in rating, and proportioning of theſe particular Summs up-
Speech about
on your Lordſhips, then by the Ancient rights and priviledges of Par-
the Poll-Billy
at a Confe liament they might ; and to ſpeak the truth they could in poſſibility do no
rence June 30. leſs.
.
1641.
It hath been ſeveral times ſpoken in this place, no leſs juſtly then nobly, by
ſome of your Lordſhips, that all matters of ſupply ſhould originally proceed
from the Houſe of Commons: for ſo hath been the practice of former times
in the ages paſt.
own
4
In
.
i
:
0]
"
1
from the Scotch Rebellion to the King's Murther. 323
.
July,
I 641.
1
1
;
1
Form.
5
1
I
.
In the Parliament Roll, de Anno 9. H. 4. Numero 21, when the Peers be-
gan,
but in a ſmall circumſtance to trench upon this priviledge of the Commons,
there aroſe a long, and an earneſt debate upon it, the iſſue
of which produced
a full declaration agreed upon, by both Houſes; That matter of ſupply, muſt
firſt proceed from the grant of the Commons, and then be aſſented unto by the
Lords: ſo as if we had ſent up the preſent Bill, either with blanks for your
Lordhips to have filled them up, or have left you out wholly, to have inſisted
your own degrees and proportions (one of which we muſt have done, if we had
not proceeded as we did ) it muſt of neceſſity have followed, that your Lord-
ſhips, contrary to the undoubted priviledge of the ſame Houſe, had originally
granted aid and ſubſidy, and the Commons had but aſſented.
Before that time, though not upon ſo great an occaſion, it was declared in
Parliament, as appears in Rotulo Parliamenti, de Anno 5. R. 2. n. 16. That the
Houſe of Commons are firft to treat of matter of ſupply, to reſolve upon it,
and then to communicate thir reſolutions to the Peers. Now, my Lords, our
reſolutions are moſt properly couched in a Bill, ſo as we did tranſmit the pre-
ſent Grape of Aid and Supply to your Lordſhips in the Ancient and due
But perhaps your Lordſhips will ſay, you queſtion not that general right we
have of granting Subſidies, that it is to rtceive ics Birth, and Being from the
Houſe of Commons; but that in this particular caſe of Poll-money, you ex-
pect a particular ſatisfaction, and much more to ſee it proved, that the Peerage
of England were ever before rated in ſuch a Bill.
For the firſt, my Lords, this way is an Ancient, and a known way; it began
in the time of that Wife and Victorious Prince, King Ed. 3. as appears upon Re-
cord in Rotulo Parliamenti, de Anno 51. Ed. 3. Numero 19. And I aſſure my ſelf
neer upon three hundred years continuance is able to challenge both allowance
and imitation, from this preſent Age.
During the Reign of R. 2. his Grand-child, this courſe of raiſing money by
the Poll, was again put in practice, as an advantagious and a ſpeedy way. Your
Lordſhips ſhall find one example of it in the Parliament Roll, de Anno 4. Rich.
2. n. 15. being almoſt the ſame with that.rate and proportion granted in the time
of Edréard the Third.
But that Record which comes home to this caſe, and is an identical préſident
in the very particular before your Lordſhips to give you full fatisfaction, is found
in Rotulo Parliamenti in Parliamento 2. (for the miſeries at home, and the cala-
mities abroad, cauſed in one year ſometimes two, ſometimes three Parliaments,
in thoſe elder times) de An. 2. Rich. 2. n. 14. where the Dukes, Earls, and Ba.
rons are all particularly rated, and the Duke of Britain is there aſſeſſed as a Duke,
though lie were a Free Prince, and had only the Title of Earl of Richmond in
England. Nay, my Lords, the Houſe of Commons at this tinie hath come far
ſhort of the ſame preſident, in favour of the Noble Ladies : for whereas the
Counteſſes Dowagers were rated at the ſame proportions with Earls, and
the Widows of Barons at as high a rate as the Barons themſelves, we have now
eaſed them of two parts of that, and only charged them with the third.
I hope now your Lordſhips have ſeen both reaſon and preſident for our pro-
ceedings at this time, you will be pleaſed to believe, that the Houſe of Commons
will be as careful, and tender of your Lordſhips Rights, and Priviledges, as
of their own.
We know, my Lords, that this is the way to preſerve peace and unity between
us, which as it is always expedient, ſo is it at this time moſt neceſſary. For the
two Houſes are as the two Arms of the Kingdom; if we hold faſt together, we
ſhall be able to Accompliſh great things worthy to be tranſmitted to after-Ages,
but if we diſſever and diſunite, we may end in ruin and calamity.
So much of the ſaid Record, as concerns the rating of the Nobility and Gentry,is here
added, 'it being preſented thus ready written at the ſaid Conference.
1
1
D
.
i
E
7
Vol. II.
.
Tt 2
Rot.
.
1
H
.
1
paſſed the
Commons.
againſt the
Judges Voted.
324 An Impartial Collection of all the memorable Events
July,
1 641.
Rot. Parliamen. in Parliamento 2. de An. 2. Rich. 2. N. 14.
Le Duc de Lancastre & le Duc de Bretaigne cheſcun a---. Markes,cheſcun
Conte D'engleterre --iii. l. iChefcun Counteffes veoves
en Engleterre a tant
come les Count iii. l. Cheſcun Baron e baneret ox Chivaler qui poet a tant dis.
pendere---xl. s. Cheſcun Baroneſſe
veove paiera come Baron Banreffe come le
Baneret-xl.s. Cheſoun Bachiler" é cheſcin Eſquier qui per Le ſtatute devcroit
eftre Chivaler
xx. s. Cheſcun veove Dame feme de Bachiler Gor Eſquier al
afferant xx, s. Chefcun Éſquire de meindre eſtate vi, s; vii. d. Chefcun femie veo-
ze de tiel Eſquire os Marchant ſuffiſant-vis.
viii. d. Chefcun Eſquier nient pos-
sesſion de terres ne chapeux queſt en ſervice on ad efte armes.
iii. s. iiii.d.
Captain Hugh Captain Pollard this day Petitioned the Houſe, that he might have
Pollard Bailed. liberty to go into the Country to viſit his father who lay very fick, and
was ſo far diſpleaſed with him upon the misfortune of his Accuſation,
that he was afraid he would diſ-inherit him ; and the Earl of Elex and
another Lord offering to be Bail for him ; it was Ordered, That by War-
rant from the Speaker he ſhould be delivered from the Gate-Houſe to the
Serjeant at Arms, who was to take Bail of 1000 l. from himſelf, and 500 l.
Thurſday,
apiece from his Bail, for his appearing upon Monday three weeks.
July 1.
The Bill for Regulating the Court of Stanneries was this day read a
Stannery Bill third time, and paſſed the Commons.
Mr. Hide reports the Articles againſt Judge Crawley, Sir Humphrey
The Articles Davenport, Lord Chief Baron of the Exchequer, Sir Thomas Trevor Baron
of the Exchequer, Sir Richard Weſton Baron of the Exchequer, which
were ſingly Voted and ordered to be Engroſſed ; and a Conference to
be deſired with the Lords, and that Sir Randal Crew's Caſe be then re-
commended to their Lordſhips, to move his Majeſty to recompence him
with Honour for his Sufferings for the Publick.
Upon Mr. Peard's reporting of the Caſe of Mr. Faunt, it was
Reſolved, &c. That the Sentence in the Star-Chamber againſt Sir
William Faunt was without ground of any thing that appears either in
anſwer or proof.
Reſolved, &c. That the ſaid Mr. Faunt and his father, as Co-execu-
tors, ought to be reſtored to all that was paid either by Sir William Faunt
or them.
Reſolved, &c. That the Cauſe be repreſented to the Lords, to the end
the Sentence may be reverſed, and the Parties reſtored to all that they and
their Teſtators have paid.
AVote againſt
Reſolved, &c. That neither the Body of the Lords of the Council
, nor
any one of them in particular as a Privy-Councellor, hath any power to im-
priſon any Free-born Subject, except in ſuch Caſes as they are warranted
by the Statutes of the Realm.
Engroſſed Articles againſt Lord Chief Juſtice Bramſton, Lord Chief
| Friday, Baron Davenport, the Judges Crawley, Weſton, Trevor and Berkley, voted
July 2.
to be carried up to the Lords.
The Bills againſt the Court of Star-Chamber and High Commiſſion
Bills againſt
Court, with the amendments paſſed and carried up to the Lords by Mr.
tied up to the Capel, as alſo the Bill for raiſing Mony for the ſpeedy disbanding the
Armies; and to move their Lordſhips to deſire of his Majeſty
. his Royal
Afſent to them with all convenient Expedition.
The
Mr. Peard Re-
porrs Mr.
Faunt's Care.
i
the Council
Board.
:
+
.
Srar-Cham-
Lords.
1
!
In
1
1
il
1
from the Scotch Rebellion to the King's Murther, 325
I 641.
-
A Salvo enter-
Lords about
the Poll Moa
:
4!
1
to be with the
The Bill for the Poll-mony with the Amendments were twice read in Fuly,
the Houſe of Lords, and agreed to with this Memorandum.
Memorandum, That a Salvo be entred for the preſerving the Privi-
ledges of Peers of this Realm, for Rating and Taxing themſelves in Sub- led by the
fidies, by Members of this Houſe in time of Parliament.
This day was read a third time the Bill intituled, An A&t for the ſpeedy ney.
Proviſion of Mony for disbanding the Armies, and ſetling the Peace of the Poll Bill pal-
two Kingdoms, of England and Scotland, and it was put to the Queſtion, is dithe Lords
and contented to paß as a Law.
Memorandum, That this Houſe will take into conſideration hereafter,
how the Biſhops may be relieved concerning the Payment of their doublé
Tenths, if they ſhall ſee Cauſe fo to do.
A Meſſage was ſent to the Houſe of Commons to deſire a preſent Conference
Conference by a Committee of both Houſes touching Honour.
The ſubject of the Conference to be, That both Houſes may Petition Commons a-
his Majeſty, that Titles of Honour may not be bought and fold for Mony, beſtowing
but that it may be confer'd by his Majeſty, as anciently it was, for Ver- Honours.
tue and Merit ; and aiſa.to conſult with the Houſe of Commons about a Bill
for preventing of this hereafter, and the Bill to begin from the firſt day
of this Parliament.
The Bills for Regulating of the Council-Board, and taking away of
the Star-Chamber; and the Bill concerning the High-Commiſſion Court,
being read a third time, and upon the Queſtion were reſolved by the
major part to paſs as Laws, and were ſent down to the Houſe of Com-
mons.
A Meſſage was ſent to the Commons to let them know that the
Lords had ſent ſome of their Houſe to inform his Majeſty that the Bills
were ready for his Aflent.
Mr. Crew and Mr. Littleton ordered to repair
to the Lord Keeper, and Saturday,
to deſire him from this Houſe; to deſire the Judges in their ſeveral Cir: July 3.
cuits fo to diſpoſe of their Journeys, that they may not Travel upon the Meſſage from
Lords-Day, for the ill example that is given to the Countrey there-
by.
Kceper, that
A Meſſage was ſent from the Lords to certifie the Commons, that his the Judges
Majeſty, who intended to be at the Houſe in the morning, had put it Travel on the
off till the afternoon, at which time he would paſs the Poll-Bill
, and take Lords Day.
time to conſider of the other till Tueſday. But at this the Commons
were diſpleaſed, and Voted that they ſhould all paſs together; and Mr.
Arthur Goodwin was appointed to go up to the Lords, to acquaint their
Lordſhips, that the
paſſing of the other two Bills will Expedite the Mo-
ny Bill
, and to deſire them to move his Majeſty to do it with all con-
venient Expedition, and that they will move his Majeſty in it; which
they did, who return'd this Anſwer, That he would in his own perſon give
his anſwer to their deſires.
In the Afternoon his Majeſty coming to the Houſe of Lords, the Com-
mons were ſent for by the Gentleman-Ulher of the Black-Rod, when the
Bills were preſented for the Royal Aſſent, Mr. Speaker entertained his
Majeſty with this following Speech.
$
the Commons
to the Lord
1
+
.
May
hr
#.
7
at
326 An Impartial Collection of all the memorable Events
*
Fuly,
1 641.
May it pleaſe your Moſt Sacred Majeſty,
Sobre Speakers T
He Government of this Conmon-Wealth reſts in the Rules of Order
Speech at the and hath ſo much affinity and conſent with the Rules of Nature, in the Go
paſſing the vernment of the World, that the firſt Copy and mutation of the one may ſeem
Bill for Poll-
Moncy July 3.
to be taken from the Original, and firſt Model of the other.
1641.
This contemplation ( Moft excellent and gracious Soveraign ) cafts our Eyes
upon ycur Sacred Majeſty, as that Celeſtial Orbe, which never reſting with-
out the Office of perpetual motion, to cheriſh the lower Bodies, act enriching
it ſelf with any Treaſures drawn from below, exhalcs in vapours from the in-
ferior Elements, what in due Seaſon ic returns in ſhowers.
The application makes us conſider our felves, thoſe ſublunary Creatures,
which having their Eſſence and Being from the influence of thoſe Beams ( as the
Flowers of the Field) open to receive the Glory of the Sun.
In this Relation, both contribute to the Common good; your Sacred Majeſty
as a Nurſing Father deſigned to beſtow on your People, the Bleſſing of Peace,
and Unity,
and we as the Children of Obedience return our duties and af
fections in Aids and Tributes. And this compacted in one Body by the liga-
ments of Religion and Laws, hath been the object of admiration to the whole
World.
Amidſt the diſtraction of Foreign Nations, we only have ſate under the ſha-
dow of our Vines, and drank the Wines of our own Vintage.
But your crafty adverſaries, perceiving that the fervent profellion of our
own Religion, and the firm obſervation of our Laws, have been the Pillars of
our proſperity, by ſubtle inſinuation, pretending a politick neceſſity to admit
of a Moderation in our Religion, Lo. comply with Forreign Princes, and ſug-
geſting it a Principle in the Rules of Soveraigñty, to require and take, not
ask and have, that it muſt poftulare by power, not petere by Laws, and keep
theſe miſeries of War and Calamity, between Nation, and Nation, and put us
in the poſture of gaze to the whole world.
But when we behold your Sacred Majeſty deſcended from the Royal Loyns of
that glorious King, which by his Wiſdom and Policy, firſt ingrafted the White
Roſe and the
Red upon the ſame ſtock, and ſheathed the Sword that had pierced
che Bowels of ſo much Nobility, glutted with the Blood of People, and then
laid the firſt hopes of the happy Union, between the Nations.
When our thoughts refreſh themſelves with that happy memory of that Re-
ligious King, your Gracious Father, on whoſe Sacred Temples both Diadems
were placed, wreathed about with this Motto, faciam eos in gentem unam, we
Cannot but believe that God and Nature ( by a lineal Succellion from thoſe For
thers of Peace ) liath ordained you that Lapis Angularis, upon which the whole
Frame ſettles, and put into the hands of your Sacred Majeſty, the poſſibility and
power to firm and ſtabliſh this happy Union between your Kingdoms, and ſo
raiſe your memory a Statue of Glory and Wiſdom, from Generation to Gene-
ration.
In all this length of time, the aſſurance of this Union and Peace hath been the
chief object of our deſires ; Our Parſes have been as open as our Hearts, both
contributing to this great Work manifeſted by ſo many Subſidies already preſen-
ted, ſufficient in our firſt hopes for the full perfection.
But finding that fail, have again adventured upon your Peoples Property, and
in an old and abſolute way, new burniſht by the hand of inſtant necellity, ex-
preſſed to the World, the Hearts of a Loyal People ; and howſoever gilded
with a new name of Tranquility and Peace to your Kingdoms, that with
more
eaſe the People may diſgeſt the bitterneſs of this Pill; yet ſtill our Hearts had
the ſame aim and object.
A Gift ſuitable to the neceſſity of ſo vaſt Expences that time cannot parallel
it by any example.
And by which, if your Sacred Majeſty vouchſafe your Royal aſſent, which
we Humbly pray, we ſhall not doubt you may ſoon accompliſh thoſe happy ef-
fects, that may preſent your Wiſdom, the object of wonder, and your Policy
to be admired amongſt the Nations.
After
IM
41
!
hH LU
I IM
..
+
.
1
I
.
from the Scotch Rebellion to the King's Murther.
327
After which his Majeſty commanded the Clerk of the Parliament to July,
pronounce the Royal Aſſent, which he did in theſe words, viz.
I 641.
Le Roy Remerciant ſes bons Subjects accepte leur
Benevolence & ainſi le veult :
For the other two Bills, his Majeſty ſaid, Inregard he had not conſide-
red of them, being Bills of great Conſequence, he would inform himſelf con-
cerning the particulars, and return an anſwer within few days.
After which the Commons with their Speaker returned to their Houſe
highly diſcontented, that his Majeſty had not paſſed the other two Bills,
for they preſently after in ſome diſorder adjourned themſelves till Mon-
day.
This day alſo Commiſſary Willmot Petitioned the Houſe, that he might Commiſſary
have liberty upon Bail to go into the Country for the Recovery of his
cion rejected.
Health, which was very much impaired by reaſon of his Impriſonment,
but the Houſe being already in a great Ferment, it was in an ill minute
for him, for whatever they might have done in a better humor, his Pe-
tition was now utterly rejected.
The Houſe of Commons met this Morning, but being highly diſcon- Monday,
tented at the King's delaying to paſs the two Bills for aboliſhing the July 5.
Court of Star-Chamber and the High-Commiſſion Court, they did not fall
upon any buſineſs; but within an hour the Gentleman-Uſher of the
Black-Rod came to the Houſe, to acquaint them, that the King was
come to the Houſe of Lords, and expected their attendance. Upon their
coming up his Majeſty ſpake as followeth.
Wilmot's Petic
-
T.
L
Courc, July 5.
F
1
My Lords and Gentlemen,
Come to do the Office which I did on Saturday laſt, to give determi- The King's
nation to theſe Two Bills ; but before I do it I muſt tell you, that 1 ling the Bilis
cannot but be very ſenſible of thoſe reports of diſcontent that I hear fome again the
have taken for not giving my conſent on Saturday. Methinks it ſeems and High-
Strange that any one ſhould think I could paſs two Bills of that Importance Commiition
as theſe were, without taking ſome fit time to conſider of them, for it is no
1641.
leſs than to alier, in a great meaſure, thoſe Fundamental Laws, Eccleßalti-
cal and Civil, which many of my Predeceſors have eſtabliſhed, &c.
If you conſider what I have done this Parliament, diſcontent will not fit
in your hearts, for I hope
you remember that I have granted, That the
Judges hereafter ſhall hold their places, quam diu benè fe geſſerint, I
have bounded the Forreſt, not according to My right, but according to late
Cuſtomes.
I have eſtabliſhed the Property of the Subječts,as witneſs the free-giving,
not taking away the Ship-mony.
I have eſtabliſhed by' Aft in Parliament the Property of the Subječt in
Tonnage and Poundage,which never was done in any My Predeceſſors time;I
have granted a Law for a Triennial Parliament, and given way to an Act
for the ſecuring of moneys advanced for the disbanding of the Armies ; I
have given free courſe of Juſtice againſt Delinquents; I have put the Law
in execution againſt Papiſts.
Nay, I have given way to every thing that you have asked of me, and
therefore methỉnks you ſhould not wonder, if in ſome things I begin to re-
fuſe. But I hope, it all not hinder your progreſs in your great Affairs,
1
and
328 An Impartial Collection of all the memorable Events
July,
and I will not ſtick upon trivial matters, to give you content ; I hope you
1 641.
are ſenſible of theſe beneficial favours beſtowed on you at this time.
To conclude, Tou know by your conſent, there is a prefixed time ſet for
my going into Scotłand, and there is an abſolute neceſſity for it, I do not
know but that things may ſo fall out, that it may be shortened; therefore
I hope you will haſten the diſpatching of thoſe great buſineſſes that now are
neceſary to be done, and leave trivial and ſuperficial matters to another
meeting.
For my part I ſhall omit nothing that may give you juſt contentment,
and ſtudy nothing more then your happineſs, and therefore I hope you ſhall
see a very good Teſtimony of it by paſſing theſe two bills.
Le Roy le veult.
This being done, His Majeſty ſaid as followeth :
I have one word more to speak unto you, and take now an occaſion to pre-
Sent unto both Houſes, that thereby I hope all the World ſhall ſee,
that there is a good underſtanding between me and my people.
It is concerning my Nephew the Prince Elector Palatine, who having
deſired Me and the King of Denmark to give way to a writing concerning
the Dyet at Ratisbone with the Emperor, I could not but ſend my Ambaſ
ſador to Alift him, though I am afraid I ſhall not have to good an anſwer
as I expeši, which my Nephew fore-ſeeing, hath deſired me, for the better
countenancing of the ſame, to make a Manifeſto in my Name, which is a
thing of great conſequence ; And if I ſhould do it alone, without the ada
vice of my Parliament, it would rather be a ſcorn then otherwiſe : There-
fore I do propoſe it unto you, that if you will adviſe me to it, I do think it
were very fit to be publiſhed in my name.
Roffetti the
Mr. Treaſurer after the Houſe was returned acquaints them that Rof-
Popes Nuncio \ſetii the Pope's Nuncio had left England.
.
Shepherd one
Hereas William Shepherd now a Priſoner in the Fleet by the Sen-
tence of this Houſe, for preling in with others into the Church
Southwark re- of St. Saviour's, Southwark, and violently breaking and pulling down of
the Rails about the Communion Table; which Sentence be the ſaid William
Shepherd acknowledging to be juſt and honourable, It is Ordered, That the
Said William Shepherd Jhall be releaſed from his ſaid Impriſonment for
this Offence, and ſet at Liberty.
of the Rioters
at St. Saviours
W
In compliance with his Majeſties Speech, the Houſe of Commons took
the Prince Elector's condition into conſideration; the Manifeſto was
read, and a Debate had upon it, at which Sir Benjamin Rudyard made
this Speech.
CC
(C
Sir Benjamin
Rudiard's
Speech con-
cerning the
Palatinate.
Mr. Speaker,
His great Affair of the Palatinate concerneth this Kingdom in
TH
Nature, in Honour, in Reaſon of State, in Religion.
“We all know how near in Blood the Prince Elector is to his Maje-
ſty.
Many of us here know, what folemn Proteſtations have been made
“in this place for the Recovery of the Palatinate, by which we are
bound
«
“
*
.
1
1
329
1
CC
CC
C
.
CC
66
LC
66
froń the Scotch Rebellion to the Kingis Murther.
bound in Honour to purſue it with our beſt Afluitance. God hath July,
" ſo framed the powers of Man, and ſo ordered the courſe of things in 1646.
this World, as that in all Actions, Right, Reaſon and true Religion
may well hold and go together.
If we conſider Religion according to Reaſon of State, we ſhall find
" that Chriſtendom divides it ſelf into two ſides; with the Pope, againſt
the Pope : His Majeſty is the greateſt King of the Religion, and there-
“ fore fitteſt to be the Head of that Party ; which will add a greater
greatneſs to him then can be gotten any other way.
The means of it are, firlt, to preſerve Religion found and entire
within his own Kingdom at home ; next to unite the 'Homogeneal
parts of it, picces of the fame, together by Alliances, by Confederati-
ons abroad.
The good effects of this German Match was loſt by the ill Counſels
“ of thoſe times : It will be an honour to us to repair it by better.
“The reſtoring of the Prince Elector to his Territory and Dignity
will reſtore Religion there, will ſtrengthen it, may increaſe it further
"s in Germany; which confideration is of a great and vaſt conſequence,
proportionable to the greatneſs and vaſtneſs of that Country; it will
likewiſe refreſh and comfort the ſorrowful heart of that moſt
“Noble, Virtuous and Magnanimouſly ſuffering Queen of Bohe-
mia, his Majeſty's Siſter, his Highneſs's Mother, who is ever to be liigh-
ly and tenderly
regarded by this Kingdom.
This is a fit Conjuncture of time to begin it in, whilſt the King of
Spain hath ſo much to do of his own, as he is not able to afford his
“uſual aids to the Emperor, which probably may induce the Emperor
to abate of his former Reſolutions.
“That which is now propounded is only a Manifeſt to expreſs and
declare our zeal and heartineſs to the Cauſe, and thereby to give it
"Countenance and Reputation in the preſent Dyet at Ratisbone. Repu-
“tation in matters of State doth many times prevail as much as Sub-
His Majeſty's Father of bleſſed memory, and himſelf have for many
years
mediated and treated with the Succeſſive Emperors, by all fair
" and amicable ways; they have been deluded, they have been neglect-
" ed : It becomes us, Mr.Speaker, to be Engliſhly ſenſible of the injuſtice
“ of the Indignity.
“Wherefore my humble Motion is, That the Houſe will be pleaſed
preſently to name a ſelect Committee, to compoſe a Declāration fuit-
“able to the importance of the Cauſe.
But the further confideration of this matter was deferred till Wednes-
day at Nine of the Clock.
A Meſſage was alſo.delivered from the King by Sir Benjamin Rudyard Mellage above
concerning the Queen-Mother, who was very deſirous to depart the
Kingdan, only Mony was wanting to defray her charges, which would
amount to no leſs than 10000 l. And it ſeems the Commons were no
lefs deſirous to have her gone, for they preſently conſented that there Artic. broughệ
in by Sir Tho.
ſhould be ſo much paid out of the Poll-mony for that Service.
widdrington
Sir Thomas Widdrington brought in 25 Articles againſt Matthew Wren againſt the Bi-
Lord Biſhop of Ely
, which being read and ſingly voted were ordered to Vide the Anti-
be Engroſfed ; and then the Houſe came to this Vote upon it.
Vol. II.
Refol-
« ſtance.
CC
1
the Queca-
Mother.
cles infra July
20th.
Uu
3
-
4
An Impartial Collection of all the memorable Events
339
July,
Reſolved, &c. That Matthew Wren Biſkop of Ely is, in the opinion of
16:41. this Houſe, unfit and unwortly to hold or continue any Spiritual Promo-
tion.or. Ofrice, in the Church or Common-wealth : and that the Lords be
deſired to joyn with this Houſe to move bis Majeſty to remove the ſaid
Biſhop from his Perſon and Service.
And
upon
this Sir William Parkins took an occaſion to ſpeak as fol-
loweth, for the work of Reformation.
A
I
1
Maſter Speaker,
Sir William Stand not up in my own particular behalf
, but in the Univerſal and
Parkins's
General name of the whole Kingdom: Alas, Maſter Speaker, they de-
Specch, July 5.
1641.
pend all upon our exemplary Juſtice, which if we do fully execute,
will not only give great and plenary ſatisfaction to our Nation, but will
likewiſe cauſe the Land to ſmile hereafter with the bleſſed Beams of prof
perous Felicity : But if the leaſt Errour and ſmalleſt Deliberation be
overſeen by.us (Oh! It ſtrikes my trembling mind with horror to think
lo
on it ) how will all things precipitate themſelves into Ruine moſt Irrevo-
cable; but I Speak not this as if any here would omit or extenuate the Su-
premacy of Juſtice in the leaſt thought : To admoniſh you of that point, were
to bid the Moon keep her Monthly Courſe, the Spheres to reduce theme
ſelves in their Circumference, or the Sun to ſhine upon the Earth : But I
Speak this only to add a Spur unto you, left we ſhould at any time languiſh
in our Heaven-proceeding Fourney. The Cries of the People have come
up to me, the Voice of the whole Nation tingles in my Ears; and methinks
I hear each Subject wiſh that we would briefly eſtabliſh the Church-Govern-
ment with all Expedition. Let us firſt begin to confirm oilr Religion, and
God will bleſs our 'other Proceedings. the better : That was always my
Opinion, and I am ſure the expectation of the whole Kingdom : How long
have we fate here, and low little have we effected ? How much time have
we conſumed, and what little have we performed herein ? How long have
we laboured in this our daily Travel, and as yet have brought forth but
an Embryo, in what we did intend = 'Tis true, I confeſs, we have tormen-
ted our ſelves with daily troubles and vexations, and been very ſolicitous
for the welfare of the Common-wealth ; but what have we performed, what
have we perfected ? I will once more relate, what my former Opinion was ;
Let us C 1 jay ) begin in the real Eſtabliſhment of our Religion, and ( as I
ſaid ) all our other determinations will ſucceed with a better Omen; for
indeed moſt of our Delinquents are linkt to this Chain, they depend moſt
on this point'; therefore we ſhould do well to enter Speedily upon the
Work.
Maſter Speaker, Excuſe my Zeal in this caſe ; for my mouth cannot
Impriſon what my mind intends to let out, neither can my tongue conceal
that which my heart deſires to promulge. Behold, the Arch-Biſhop (that
great Incendiary of this Kingdom ) lyes now like a Fire-brand raked
in the Embers; but if he ever chance to blaze again, I am afraid what
heretofore he had but in a Spark, he will
fully burn down to the ground in
Wherefore, Maſter Speaker, Let us begin, for the Kingdom is pregnant
with expectation in this point. I confeſs there are many more Delinquents,
for the Fudges and other Knights walk in Quirpo ; but they are but Thun-
derbolts forged in Canterbury's fire : Look upon them all but as polluted
Rivers flowing from that corrupt Fountain. Well, is it ſo then, that all
depend
:
ир
a full Flame.
+
L.
L
1
.
is
1
1
L'
from the Scotch Rebellion to the Kings Múrther, 331
depend on Rəligion ? Why are we then fo backward in not Roforming the Fuly,
Church : Why do we ſtick in this point, and not rather proceed in it with
I 641.
all expedition ? For indeed, according to the Laws of this Kingdom, as it lo
hath the Dignity of Preeminence, ſo let us give it the Priority in our Dea
terminations.
Maſter Speaker, Think with your ſelf, I pray, in what Faction the Church
now, in what Schiſm, in what Confuſion of diſtracted Sectaries it is pro-
miſcuouſly ſhaken : Behold the Papiſts will have their way, the Browniſts
will have their way, the Anabaptiſts their way, the Puritan ( as ſome call
them) their way, the Jeſuitical Prieſts their way; and in theſe various
ways they make ſuch a Labyrinth of Religion, that few or none ſcarce can
find out the right way. It behoves us therefore, and is expedient that we
should add a Period to theſe Irregular ways, that the Vulgar may no longer
wander ill in theſe diſtracted parts.
Maſter Speaker, I have now unloaded my mind of ber weary burther,
and I beſeech you digeſt my words with your ſerious confiderations in this
reſpect of eſtabliſhing the Church-Government,in true,fincere,perfect and un-
poluted Religion ; which if we do perform, and
fully effect, we Mall do great
Honour to God,get great Credit to our Selves and give great Satisfaction to
the whole Kingdom.
This is my opinion, this is my Expectation, this is my Prayer; and laſtly,
this is my Hope.
A Meſſage was ſent this Morning from the Houſe of Commons by Meſſage about
the Lord Viſcount Wainman, who ſaid he was commanded to deliver to a Bill for Clerk
of the Market,
their Lordſliips Three Bills which had paſſed the Houſe of Commons. Seç.
1. Entituled, An Ait for the better ordering the Office of Clerk of the
Market, allowed and confirmed by this Statute, and for the Reformation
of the falſe Weights and Meaſures. 2. An A&t againſt divers Encroach-
ments and Oppreſions in the Stannery Courts. 3. An Act for the Confir-
mation of his Majeſty's Lefters Patents to the Town of Plymouth, and
for dividing the Pariſh, and building of a new Church.
And he was further to deſire a diſpatch of ſome Bills brought up for-
merly, as the Bill againſt Pluralities : and that their Lordſhips would
appoint ſome time when their Lordſhips ſhall be at leiſure, that the Com-
mons may come up with the Impeachment againſt the Judges
.
The Anſwer which was returned to the Meſſage was, That their The Lords
Lordſhips will give a diſpatch to theſe Bills now brought up with all con-
venient Speed, and will in a ſhort time give a diſpatch to the Bill againſt
Pluralities. And further it was told them, That their Lordſhips have
appointed great buſineſs this Morning concerning the
ſafety of the Kingdom,
but will Sit this Afternoon at Three of the Clock, at which time they will
give the Houſe of Commons' a meeting concerning the Impeachments of the
Judges.
The Houſe of Commons this Day fell upon the matter of their Privi- Tueſday,
ledges in the Caſe of Mr. Hollis and others, 3 Car. and upon the Debate | July 6,
of the Houſe, came to theſe following Votes.
Votes about
in
Reſolved,&c. That the Warrants of the Lords and others of the Privy the care of
Council, compelling Mr. Hollis and others to appear before them during Hollis, &c. 3
that Parliament, is a Breach of Priviledg.
Reſolved,&c. That the Commiiting of Mr. Hollis and others, by the
Lords and others of the Privy Council 3. Car. during that Parliament, is a
Breach of Priviledg.
Vol. II.
Refol-
Anſwer.
CAT.
1
U 1 2
+
4
IH
4.
1
+
+
+
332 An Impartial Collection of all the memorable Events
July, Reſolved,&c. That the Searching and Sealing of the Chambers, Studies
1641. and Papers of Mr.Hollis, Mr. Selden, and Sir John Eliot, being Members
of Parliament; and iſuing out Warrants for that purpoſe, is a breach of
Priviledg.
Reſolved,&c. That the Exhibiting an Information in the Court of Star-
Chamber againlf Mr. Hollis and others for Matters done by them in Par-
liament, being Members of Parliament, is a breach of Priviledg.
Reſolved,&c. That Sir Robert Heath, Sir Humphrey Davenport, Sir
Heneage Finch, Mr. Hudſon, and Sir Robert Berkley, that ſubſcribed
the ſaid Informations, are guilty of the breach of Priviledg.
Reſolved,&c. That there was a Delay of Justice towards Mr. Hollis and
others upon the Habeas Corpora, in that they were not Bayled in Eaſter
or Trinity Term, 5 Car.
Reſolved,&c. That Sir Nicholas Hide then Lord Chief Juſtice of the
Court of Kings-Bench, is guilty of this Delay.
Reſolved,&c. That Sir William Jones, one of the Juſtices of the Kings-
Bench, is guilty of this Delay.
Reſolved,&c. That Sir James Whitlock Knight, one of the Justices of
the Kings-Bench, is guilty of this Delay.
A Conference was had with the Lords in the Painted Chamber, at the
tranſmitting of the Impeachments of the Judges; at which time Mr.
William Perpoint upon the reading the Articles againſt Sir Robert Berk-
ley Knight, one of the Juſtices of the Court of Kings-Bench, made this
Speech
in aggravation of their Crimes.
:
CC
I
Mr. William
Perpoint's
Speech at the
Impeachment
of Sir Robert
Berkley, July 6.
1641.
CC
My Lords,
Am Commanded to preſent to your Lordſhips theſe Articles with
which the Knights, Citizens,and Burgeſſes of the Commons Houſe
of Parliament, in their own Name, and in the Name of all the Com-
mons of England, Impeach Sir Robert Berkley, Knight, one of the
“ Juſtices of his Majeſties Court of Kings-Bench, in maintenance of their
“ Accufation of High Treaſon, and other great Miſdemeanours. The
“ Articles they deſire may be read.
(C
,
The Articles were read by Mr. Newport.
“ The High Treaſon is in the firſt Article, in his Endeavours to Sub-
vert the Fundamental Laws of this Realm, and to introduce an Arbi-
trary and Tyrannical Government, which hath been lately adjudged
" Treaſon in the Cauſe of the Earl of Strafford.
“ The other Articles prove the firſt. By his Opinions, Certificates,
Judgments, by his denials of the benefits of our Laws,which have been
6 read to your Lordſhips. ' No Fundamental Law to the Subject is left;
our Goods, our Lands, our Bodies, the peace of a good Conſcience, are
by him given up to Arbitrary, Tyrannical Government.
Nothing hath been omitted to make a Judge know the Lawes, to
make him Juſt, or fear him from being Evil : We have Inns of Court
“ peculiar to that Study, Judges from thence onely choſen ; ſeldom any
“ but what have been Twenty Years there: Honours and Revenues are
given
C
i
1
1
1
M
I 6 41:
(
66
CC
CC
..
from tbe Scotch Rebellion to the King's Murther
333
given to Judges, Encouragements to do well ; this Judge had theſe :
Fuly,
Judges are ſworn according to Law to ſerve the King, and his people.; | 16
according to Law to Counſel the King; and for not ſo doing, to be
at his Will for Body, Lands and Goods; this Judge took that Oath:
“ The Lawes the Judges ſtudy, impoſe the greateſt puniſhments. upon
unjuſt Judges, ſhew that theſe puniſhments have been inflicted.; more
“ could not be done to perſwade or fear a Judge.
His Offences, ſhew in him great Ambition, yet he was moſt timno-
rous of diſpleaſing the Great in Power: He did not only forbear doing
what he was ſworn to do, but was moſt active againſt our Laws, and
in oppoſing and puniſhing any that did maintain them.
To have only received Bribes (though they blind the Eyes, and
though the Deſire to get Money encreaſeth with Age) that hainous
“ Crime in a Judge had been, in compariſon with his Offences, a tole-
“ rable Vice, for from ſuch a Judge Juſtice is alſo to be had for
money.
“ Ambition is violent, and ruines, whilft Covetouſneſs is making a Bar-
gain.
The words of his Opinion and Judginent are for the King's Power.
It is pleaſing to the Nature of Man that others ſhould obey his Will;
« and well framed diſpoſitions of Princes may eaſily be perſwaded their
“ Power is unlimited, when they are alſo put in mind, that therefore
they have more cauſe to do well
, and for doing well are more renown-
ed; for the moſt oppreſſive deſigns (which we have ſuffered under)
the pretences of his Majeſty have ever bin the good of his Subjects;
“ His is the ſin, that is to judge by the Laws, and knows the Laws are
to the cuntrary, yet puts and confirms ſuch thoughts in his Prince.
He that incites another to Arbitrary Government, when his ſelf-
ends are thereby compaſſed, hates him for taking that Power he per-
ſwaded him unto.
“ The Writs, thoſe Monſters of Neceſſity, to provide Ships to prevent
“ Imminent Danger, that could not ſtay 40 dayes for the Calling of a
« Parliament, were therefore to go out in September to have Ships ready
“ in March. This hath bin adjudged by your Lordſhips to be deſtru-
« Etive to the Fundamental Laws of this Realm,and to the Subjects right
of Property and Liberty,&c. that I ſhall ſay but this concerning them,
That this Judge publiſhed them to be inſeparable Flowers of the Crown.
And that we have lived to ſee for five years together imminent Dan-
ger, and thus to be prevented.
Thuis Judge did adviſe to ſuch a Government as future Kings here
might exerciſe the higheſt Tyranny, and the Subjects want the bene-
fit of reſtraints known to the moſt Slavilh Eaſtern Nations, where if
“their Prince do unjuſtly, he hath hatred for it, and the Dangers that
follow that. This Judge will have that hatred to go to our good
Laws. No ſuch Bondage as when Laws of Freedom are miſ-inter-
preted by Judges to make men Slaves.
“ What can be conſidered of in a Judge of Law to give his Opinion
and Advice to his . Prince how the Laws, the mutual Covenants of
Kings and Subjects are to be broken, but that his intentions are to have
“ his Prince do ill,by making his evil Servants to ſtudy and to be pleaſed
« with their wicked deſigns; becauſe they ſee means to put them in exe.
cution, by making them to perſwade their Prince, becauſe in immi.
nent Danger his Subjects Goods are at his Will, that there is ſuch
“ danger when there is not, and they only have ſome by-end of their
A
CC
'sc
.
.
(G
CC
own.
+
5
4
(C
«
(C
ways to
T
*
is Law, elle a miſchief ſhall follow, is at beſt for him; but this becauſe
334 An Impartial Colle&tion of all the memorable Events
July, A Judge to deliver his Opinion, That if the King ſhould intend to
1 641.
give up his people to be deſtroyed by Forraign Forces, for the Safety
« of the people in that imminent Danger once by the Law might take
away the King; there could be no greater Offence:
This Judge will have our Law to be what to him ſeems reaſon
" the reaſon limited to him to judge of, is what the Common Law faith
is ſo, what a Statute hath fo Enacted. For him to judge this or that
" the Law in ſuch a thing is imperfect, therefore he will make a Law to
“ſupply it ; or becauſe that the Law written in ſuch particulars is againſt
his reaſon, therefore his reafons to be Laws; then muſt follow, as of
ten as a Judge's Reaſon changes, or Judges change, our Laws change
alſo.
Our Liberties are in our Laws, where a Subject may read or hear
" read, this is his, this he may do, and be ſafe, and that thus the Judge
ought to give Judgment, he is free
. The Exceſſive growth of Courts
of Reaſon, Conſcience, came from great and cunning perſons; and
though not the moſt ſudden, yet the moſt dangerous and ſure
eat out our Laws, our Liberties.
“ Unlimited power muſt be in ſome to make and repeal Laws to fit
« the diſpoſitions of Times and Perſons, Nature placeth this in common
“ conſent onely; and where all cannot conveniently meet, inſtructeth
" them to give their conſents to ſome they know or believe ſo
“ well of, as to be bound to what they agree on. His Majeſty, your
Lordſhips and the Commons are thus met in Parliament, and ſo long
as we are often reduced to this main Foundation,our King and we ſhall
proſper.
“ This Judge will not allow us our Knowledg, or any Reaſon, he will
“ have our Minds, our Souls Slaves. A Grand-Jury-man gave his Fel-
“ lows true Information ; they preſent an Innovation in the Church,are
threatned and reviled for it, he that told this Truth is charged (I shall
uſe this Judge's own words ) to fin in that, and that he made others
forſwear themſelves ; This Judge ſent him to the Common Goal, where
he is laid in Irons; and all this, becauſe he and they durft meddle with
“ Church-Matters. He is forced to tear the Preſentment in pieces in
open Court; Our Laws provide for the peace of our Conſciences,ma-
ny Acts of Parliament are for it, and the Truſt by thoſe Aits ſet to
Juries; this Judge well knew all this: Your Lordſhips have heard
“ what he did to the Jury at Hartford ; He would have us know no
more Divinity then to obey what the Great of the Clergy directed, no
more Law than what he faid was ſo
Judges in former times, (but only ſuch as were Examples of puniſh-
ment, as of injuſtice in caſes of great and publick concernment) for-
" bare proceedings, till the next Parliament. This neceſſitated the Cal-
ling of Parliaments ; This Judge had as many ſuch Cauſes before him,
as ever any had, yet he never defired the Reſolution of Parliament in
any one, for the ways he went ; the neceſſity was never to have a
“ Parliament, he would pull up that Root of our Safeties and Liberties,
which whilſt we enjoy, the Malice or Injuſtice of all other Courts and
“ Perſons can never ruine; and when near to Ruin (as moſt near of late)
this only fure Remedy will help us ; nothing can ruine a Parliament,
but it Self.
« The Evils which we have ſuffered under, they were committed by
1
«C
66 the
។
!
«
1
«
:
CC
CC
CC
from the Scotch Rebellion to the King's Murtber. 335
ss the Judges, or by them ought to have been and might have been pre Fune,
56 vented.
1 640.
“ This Judge åſſiſted in cauſing the Miferies we fuffered in the Star-
" Chamber, and at the Councel-Table, he denyed the known Rights
« which he ought to have granted us to ſtop our Grievances in the Ec-
“ cleſiaſtical Courts ; lie was the cauſer of our Sufferings in other
Courts.
“ The beſt'Lovers of their Laws and Liberties, the moſt Honeſt ſuffer
moſt by an unjuſt Judge, tliey moſt oppoſe his Vices; diſhoneſt per-
a fons find ſuch a Judge to fit their purpoſes
, the Judge finds them for
his, the bond of iniquity confederates them.
He that will do no wrong, will ſuffer none which he can help: the
man that knows himſelf born free, will do his utmoſt to live io, and
to leave Freedom to his Poſterity, were he in Slavery, when by out-
“. ward geſture thcught to be moſt delighted; were his mind then
known, there would be found vexation, and his buſie thoughts em-
ployed to redeemn himſelf and his Poſterity from Thraldom. But to
fay, Could this fudge intend to make himſelf and his own Poſterity
Slaves ? What he did, was through errour of Fudgment only: No, mý
Lords, what his Ayms and Endeavours were, is apparent. To conſi-
“ der Man in the general, we ſhall find in every Age he will be a Slave
to fome few, that many may be Slaves to him, he looks to himſelf
only; this he would do or forbear doing to be Great, to be Rich, liad
“he Children or Kindred, or had none. This highly unjuſt Judge by
continuing ſins, maintained his Actions to preſerve himſelf; he knows
to be found guilty in one of his offences, the penalty of the Law for
it, therefore covers the offences committed with inventing and acting
other.
“ For a judge to be Unjuſt, more hurts the Publique than any other,
" he is not ſuſpected. What a Judge doth, is looked on as a thing that
“ought to be done. The moſt pernicious Great Man, that by cunning
“ hath got to himſelf the Heart and Tongue of his Prince, his ill acts
" have dyed with him, if not taken up by others, and then they walk in
darkneſs. No man will juſtifie what he doth, by ſaying Such a Favo-
rite did it, but the Unjuſt Judgments of this Judge were given in the
Noon-day, were done in the face of the whole Kingdom in the hearing
of ſuch as might carry the News to all parts of the Realm, and was
therefore done. His Unjuſt Judgments were our Records. We have
« feen Wicked Great Men moſt Craftily Politique, they hated our Laws,
yet not meeting with Active Judges moulded to their purpoſes, they
àrid their acts have dyed; the Realm flouriſhed; but of late others leſs
Politick meeting with moſt Unjuſt Judges, every way as ill as they
“ could wiſh them to be, then did the Kingdom faint, under the Load of
"its Miſery did long ſtruggle; now it's riſing I aſſure my ſelf,your Lord-
ſhips will aſſiſt to take off the Burden.
If the Deſigns of ſome would not have ſuch a man to be at liberty,
a Warrant from fome Lords of the Council would ſoon have laid him
" in Priſon, and given no cauſe ; had he moved this Judge to be Dif-
« charged or Bailèd, he could have obtained neither, if their wayes
« would not have endured that man to live,a Judge reviling the Priſoner,
r and his Councel that moved for his Diſcharge or Bail, joyned with the
“ hate of ſome Great Man, miglit foon have moved a Gaoler for un-
" wholſome Rooms and Lodging, and ill Dyet for his Priſoner, and they
may ſoon take Life away.
«'offenders
(6
(C
+
(C
C
CC
ܕ
J
+
*
1
CG
(6
CC
336 An Impartial Collection of all the memorable Events
July,
“ Offenders in Priſons are looked after to be ſafe only, ſuch are brought
lic
Į 641.
in by Power againſt Law, are abuſed. .
“ Had a great Man deſired the Eſtates of others, the breach of a Pro-
clamation might readily have been charged againſt them in the Star-
Chamber : but they, it inay be could have anſwered and cleared them-
“ ſelves, and proved their Anſwers by Teſtimonies, had they been refer-
red to this Judge, he would have expunged the one, ſuppreſſed the
“ other. Then followed Fines to the value of their Eſtates, or more,
"ther Impriſonments of courſe till they paid ſuch Fines; your Lordſhips
“ have heard what this Judge did to the Sope-boylers.
“ The Country-man followed the Plough, and his thinking he was
aſſured of his Right of Property and Liberty, gave him ability to do it.
He believed his Neighbour, his Landlord, his King, could not take his
Goods from him without his confent. He knew the uſual payments
by Law, and in Extraordinary Cauſes thought to have that Care to
“ chooſe fuch for his Knights of his Shire, or for his Burgeſſes, as might
be mindful of the cauſe of payment, and of his Eſtate.
« This man hath heard the Opinions and Judgment of this Judge,
< liath ſeen his Goods taken from him,without his, or his Knights of the
“ Shire, or Burgeſſes conſent or adviſe. Theſe have made him his Wife
" and Children to joyn in tears to wiſh they had never been
born ;, they
“ have made them think on many wayes, to keep ſafe that Eſtate which
was yet left them, have made them deſire to ſell all their Goods, and
“ hide the Money; but then he remembers this Judge, how that he
" ſhall be carried to Priſon, and remain there, if he pay not what pleaſe
“ others to aſſeſs him. Then they think idle perſons (the drones and
“moths of the Common-wealth) to be a wiſe people, who to be un-
worthy to live, they formerly conceited. They expect,and can think
" of nothing, but to be Beggars.
“ Where publick and enormous Offences have been committed, emi-
nent and notorious puniſhments muſt be; ſuch will make your Lord-
ſhips Proceedings highly eſteemed,elſe there will be ſo many offenders,
as none without danger can be puniſhed.
“This Judge, Subverting our Laws, took away the Hearts of many;
he ſubſcribed for the Kings Power, but ſo as he put him on taking his
Subjects Goods; and of all other, ſuch ways be moſt dangerous : For
we know, his Majeſty is not the laſt that füffers, and is not the King
“ worth many Thouſands -
« The place of this Judge was to have given and preſerved to the
King the Hearts of his Subjects, the due execution of the Laws had
" done this; and when ſuch notice is taken of a Prince, none will
conſpire againſt him who cannot fain to themſelves Safety before
or after any fact committed. Forraign Enemies will not Invade his
Kingdoms.
“ Thus hath his Majeſty now. got our Hearts, and will for ever have
« them. This Judge is to anſwer for what his Majeſty, and for what
we have ſuffered.
“ I am Commanded by the Houſe of Commons to deſire of
your
Lordſhips
, That the Proceedings againſt Sir Robert Berkley, Knight,
one af the Juſtices of his Majeſties Court of Kings-Bench, may be in as
“ Speedy: a way of Trial, as the courſe of Parliament will allow.
1
CC
1
CC
i
CL
CG
The Articles were as follow.
The
1
IL
.
.
from the Scotch Rebellion to the Kings Murther. 337
1 6 41.
Ի
12
1
F
1
t
July,
The Atticles of Impeachment of Sir Robert Berkley Knight,one of the Juſtices of the Court
of the Kings-Bench; by the Commons in this preſent Parliament Aſembled, in
their Own Name, and in the Name of all the Commons of England, in Mainte-
nance of their Accufation, whereby he ſtandeth Charged with High Treaſon, and
other great Miſdemeanors.
Nprimis, That the ſaid Sir Robert Berkley, then being One of the Juſtices of Articles of
the ſaid Court of Kings-Bcneh, hath Trayterouſly, and Wickedly endeavoured Impeachment
to Subvert the Fundamental Laws and Éſtabliſhed Government of the Realm againft Sir Ro-
of England; and inſtead thereof to introduce an Arbitrary and Tyrannical Go-bert Berkley&cc.
vernnient againſt Law, which he hath declared by Trayterous and Wicked July 6, 1641.
Words, Opinions, Judgments, Practices and Actions appearing in the ſeveral
Articles Enſuing.
2. Whereas by the Statute made in the 25th Year of the Reign of King Henry
the 8th, Prices of Vicłuals are appointed to be rated in ſuch manner as in the
ſaid Statute is declared : But it is manifeſt by the ſaid Stațute, Corn is none of
the Victuals thereby intended ; Nevertheleſs ſome ill-affected perſons endeavour-
ing to bring a Charge upon the Subjects contrary to Law, did ſurmiſe that the
Prices of Corn might be rated and ſet according to the Direction of that Statute,
and thereupon great Gain might be raiſed to his Majeſty by Licences and Diſpen-
fations for ſelling Corn at other Prices : And a Command from his Majeſty being
procured to the Judges, and ſent to them by William Noy Eſquire, his Majeſties
then Attorney-General, to deliver their Opinions touching the Queſtion, Whe-
ther Corn was ſuch Vituals as was intended to have the price rated within the ſaid Sta-
tute? In Anſwer to which Demand, the ſaid Sir Robert Berkley then being one
of his Majeſties Juſtices of the Court of Kings-Bench, in furtherance of the ſaid
unlawful Charge, endeavoured to be impoſed, as aforeſaid, the Thirtieth day of
November in the Eighth Year of his now Majeſties Reign,did deliver his Opinion,
That Corn was ſuch Viktual as was intended to have the price rated within tbe ſaid
Statute: Which faid Opinion was contrary to Law, and to the plain Senſe and
Meaning of the ſaid Statute, and contrary to his own Knowledg, and was given
and delivered by him, with a purpoſe and intention, that the ſaid unlawful charge
might be impoſed upon the Subject.
3. That an Information being preferred in the Court of Star-Chamber by the
ſaid William Noy, his Majeſties then Attorney-General, againſt Fohn Overman,
and Fifteen other Soap-makers Defendants,charging them with ſeveral pretended
Offences, contrary to divers Letters Patents, and Proclamations, touching the
Making and Uttering Soap, and uſing the Trade of Soap-makers, and other of
fences in the faid Information mentioned; Whereunto the Defendants did plead,
and Demur as to part, and anſwer to other part of the ſaid Information: And
the ſaid Plea and Demurrer being over-ruled, for that the Particulars therein in-
ſiſted upon, would appear more fully after anſwer and proof; therefore the
Defendants were ordered to Anſiver without Prejudice and were to be admitted to
ſuch Exceptions to the ſaid information, and Advantages of the matter of the
Plea and Demurrer upon the hearing, as ſhall be material ; and accordingly the
Defendants did put in their
Anſwers, and ſet forth ſeveral Acts of Parliament,
Letter-Patents, Charters, Cuſtoms, and Act of Common-Councel of the City
of London, and other Matters materially conducing to their Defence; and in
Concluſion pleaded Not Guilty. The faid Sir Robert Berkley then being one of
the Juſtices of Court of Kings-Bench, upon the 30th day of March, in the
Eighth Year of his Majeſties now Reign, upon an Order of Reference to him and
ochers, by the ſaid Court of Star-Chamber, to conſider of the Impertinency of
the ſaid Anſwers, did Certifie the ſaid Court of Star-Chamber, That the whole
Anſwers, excepting the four words and ten laſt Lines, flould be expunged; leaving
thereby no more ſubſtance of the ſaid Anſwers, than the Plea of Not Guilty. And
after upon a Reference to him and others, by Order of the ſaid Court of the
impertinency of the Interrogatories, and Depoſitions of Witneſſes taken on the
Defendants part; in the ſame Caſe the ſaid Sir Robert Berkley, upon the ſecond
VOL. II.
XX
day
1
7
.
338 An Impartial Collection of all the memorable Events
Fuly, day of May, in the Eighth Year of his now Majeſties Reign, Certified that Nine
1 641.
and thirty of the ſaid Interrogatories, and the Depoſitions upon them taken,ſhould
be ſuppreſſed which Anſwers (except as aforeſaid) and Depoſitions, although the
fame did contain the ſaid Defendants moſt material Defence. Yet were expunged
and ſuppreſſed according to the ſaid Certificates; both which ſaid Certificates
were contrary to Law and Jultice, and contrary to his
the ſaid Sir Robert Berk-
ley's own knowledg, and contrary to the faid-former Order, whereby the Ad-
vantages were ſaved to the Defendants, as aforeſaid : And by reaſon thereof.
the laid Fohn Overman, and the ſaid other fifteen Defendants, were ſentenced
in the ſaid Court of Star-Chamber, to be committed Priſoners to the Fleet, and
diſabled from uſing their Trade of Soap-makers ; And one of them fined in a
Thouſand Five hundred Pounds; Two of them in a Thouſand Pound apiece;
Four of them in a Thouſand Mark apiece; which Fines were eſtreated into the
Exchequer without any mitigation: And the ſaid Defendants according to the
faid Sentence were impriſoned, and deprived of their Trade and Livelihood,
tending to the utter ruine of the ſaid Defendants, and to the overthrow of free
Trade, and contrary to the Liberty of Subjects,
4. That he the ſaid Sir Robert Berkley, then being one of the Juſtices of the
Kings-Bench, and having taken an Oath for the due adminiſtration of Juſtice,
according to the Laws and Statutes of this Realm, to His Majeſties Liege Peo-
ple; on or about the laſt of December ſubſcribed an Opinion in hæc verba; [I
am of Opinion, that as where the Benefit doth more particularly redound to
the good of the Ports or Maritime Parts, (as in caſe of Piracy or Depredati-
ons upon the Seas ) there the charge hath been, and may be lawfully impoſed
upon them, according to Preſidents of former Times; fo where the good
and ſafety of the Kingdom in general is concerned, and the whole Kingdom in
danger (of which His Majeſty is the only Judge ) there the charge of the De-
fence ought to be borne by all the Realm in general; This I hold agreeable both
to Law and Reaſon.]
5.
That he the ſaid Sir Robert Berkley, then being one of the Juſtices of our
Court of Kings-Bench, and duly ſworn as aforeſaid; In February, 1636. fub.
ſcribed an extrajudicial Opinion, in Anſwer to Queſtions, in a Letter from His
Majeſty, in bec verba."
.
;
.
:
Charles R.
W? Hen the Good and Safety of the Kingdom in general is concerned,
and the whole Kingdom in Danger ; Whether may not the King
by Writ ander the Great Seal of England, Command all the Sub-
jects of this Kingdom, at their Charge to provide and furniſh ſuch Number
of Ships, with Men, Viłtuals, and Munition ;. and for ſuch time as he shall
think fit, for the Defence and Safeguard of the Kingdom, from ſuch Danger
and Peril? And by Law compel the doing thereof in caſe of refuſal, or re-
fractorineſs : And whether in ſuch caſe is not the King the Sole Judge,
both of the Danger, and when and how the Same is to be prevented and
avoided
« May it pleaſe your Most Excellent Majesty, We have according to your Ma-
“ ješties Command, ſeverally every Man by himſelf, and all of us together, taken
<< into ſerious conſideration, the caſe and Question ſigned by your Majeſty, and in-
cloſed in your Royal Lester: And
we are of Opinion, that when the good and ſafety
w of the Kingdom in general is concerned, and the whole Kingdom in danger, your
Majeſty may by Writ under the Great Seal of England, command all your Subjccts
of this your Kingdom, at their charge to provide and furniſh ſuch number of Ships
i with Men, Viktual
, and Mimition, and for ſuch time as your Majeſty shall think
ce fit, for the Defence and Safeguard of the Kingdom from ſuch Danger and Peril:
" And
CC
CC
+
h
.
339
Fuly;
1 641
1
+
from the Scotch Rebellion to the King's Murtber.
“ And that by Law your Majeſty may compel the doing thereof, in caſe of Refuſal
, or
" refractorineſs: And we are alſo of Opinion, that in ſuch caſe, your Majeſty is the
fole Judge, borb of the danger, and when and how the ſame is to be prevented and
avoyded. John Brampſton, John Finch, Humphrey Davenport, John Denham,
" Richard Hutton, William Joanes, George Crook, Thomas Trevor, George
" Vernon, Robert Barkley, Francis Crawley, Richard Weſton.
6. That he the ſaid Sir Robert Berkley, then being one of the Juſtices of the
Court of Kings-Bench, and duly ſworn as aforeſaid, did on the
de-
liver his Opinion in the Exchequer Chamber againſt John Hampden Eſquire, in
the Caſe of Ship-Money, that he the ſaid John Hampden upon the matter and,
ſubſtance of the Caſe, was chargeable with the Money then in Queſtion: A
Copy of which proceeding and judgment, the Commons of this preſent Parlia-
ment have delivered to your Lordſhips.
7. That he the ſaid Sir Robert Berkley, then being one of the Juſtices of the
Court of Kings-Bench, and one of the Juſtices of Allize for the County of York,
did at the Alizes held at York in Lent, 1636. dclivis his charge to the Grand
Jury, that it was a lawful and inſeparable Flower of the Crown, for the King to
command, not only the Maritime Counties, but alſo thoſe that were In-land,
to find Ships for the defence of the Kingdom. And then likewiſe' falſely, and
maliciouſly
' affirmed, that it was not his ſingle judgment, but the judgment of
all his Brethren, witneſſed by their ſubſcriptions: And then alſo ſaid, that
there was a rumour that ſome of his. Brethren that had ſubſcribed, were of a
contrary · Judgment; but it was a baſe and unworthy ching, for any to give
his Hand contrary to his Heart ; and then wiſhed for his own part, that his
Hand might rot from his Arm, that was guilty of any ſuch Crime; when as he
knew that Maſter Juſtice Hutton, and Maſter Juſtice Crook, who had ſubſcribed,
were of a contrary Opinion, and was preſent when they were perſwaded to
ſubſcribe ; and did ſubſcribe for Conformity, only becauſe the major Number
of the Judges had ſubſcribed. And he the ſaid Sir Robert Berkley then alſo ſaid,
that in ſome caſes the Judges were above an Act of Parliament, which fani
falſe; malicious Words were uttered, as aforeſaid, with intent and purpoſe to
countenance and maintain the ſaid unjuſt Opinions, and to terrifie His Majeſties
Subjects that ſhould refuſe to pay Ship-Money, or ſeek any remedy by Law, a-
gainſt the ſaid unjuſt and illegal Taxation.
8. That whereas Richard Chambers Merchant, having commenced a Suite for
Treſpaſs, and falſe impriſonment againſt Sir Edward Bromfield Knight, for im-
priſoning him the ſaid Chambers, for refuſing to pay. Ship-Money, in the time
that the ſaid Sir Edward Bromfield was Lord Mayor of the City of London; in which
Suite the faid Sir Edward Bromfield did make a ſpecial Juſtification: The ſaid
Sir Robert Berkley then being one of the Juſtices of the Court of Kings-Bench,
in Trinity Term laſt, then ſitting on the Bench in the ſaid Court, upon debate
of the ſaid Caſe, between the ſaid Chambers and Sir Edward Bromfield, ſaid open-
ly in the Court, that there was a Rule of Law, and a Rule of Government :
And that many things, which might not be done by the Rule of Law, might
be done by the Rule of Government: And would not ſuffer the point of Les
galicy of Ship-Money to be argued by Chambers his Councel, all which Opini-
ons, Declaracions, Words and Speeches, contained in the Third, Fourth, Fifth,
Sixth, Seventh, and Eighth Articles, are deſtructive to the Fundamenjal Laws of
this Realm, the Subjects right of Property, and contrary to former Reſolutions
in Parliament, and to the Petition of Right: which Reſolution in Parliamenty
and Petition of Right were well known to him, and Reſolved, and Enacted,
when he was the King's Serjeant at Law, and attendant in the Lords Houſe of
Parliament.
F
11
i
>
i
1
9. That he the ſaid Sir Robert Berkley, then being one of the Judges of the
Court of King's-Bench, and being in Commiſſion of the Peace, and duly
. ſworn
to execute the Office of a Juſtice of Peace in the County of Hertford, on or
about the ſeventh of January, 1638. at which time the General Sellions of the
XX 2
Peace
:
VOL. II.
11
-
340 An Impartial Colle&tion of all the memorable Events
Fuly,
1 641.
11
.
!
P
Tv
Peace for the ſaid County were there holden : The ſaid Sir
Robert Berkley,then
and there ſitting on the Bench, did revile and threaten the Grand-Jury returned
to ſerve at the ſaid Seſſions, for preſenting the removal of the Communion Ta-
ble in All-Saints Church in Heriford aforeſaid, out of the Place where it anci-
ently and uſually ſtood, and ſetting it Alter-waysa againſt the Laws of this
Realm, in that Caſe made and provided, as an Innovation in Matters concern-
ing the Church; the ſaid 'Grand-Jury having delircred to them in Charge at
the ſaid Seſſions, by Maſter Serjeant Atkins a Juſtice of the Peace of the faid
County of Hertford, that by the Oath they had taken, they were bound to pre-
ſent all Innovations, concerning Church Matters. And he the ſaid Sir Robert
Berkley compelled the Fore-Man of the Jury, to tell him who gave him any fuch
Information, and thereby knowing it to be one Henry Brown, one of the ſaid
Grand-Jury, he asked the ſaid Brown how he durſt meddle with Church Mat-
ters; who affirming, that in the ſaid Charge, from Maſter Serjeant Atkins, the
faid Jury was charged to do; he the ſaid Sir Robert Berkley told the faid Brown,
helhould therefore find Sureties for his good Behaviour: and that he the ſaid
Sir Robert Berkley would ſet a great Fine on his Head to make him an Example to
others; and thereupon the ſaid Brown offered ſufficient Bail; but he the ſaid Sir
Robert Berkley, being incenſed againſt him refuſed the faid Bail, and committed
the ſaid Brown to Priſon, where he lay in Irons till the next Morning, and uſed
to the faid Brown, and the reſt of the Jurors, many other reviling and terrify-
ing Speeches; And ſaid he knew no Law for the ſaid Preſentment; and told
the faid Brown, that he had finned in the faid Preſentment: And he compelled
the ſaid Grand-Jurors to ſay, they were ſorry for that they had done in that
Preſentment; and did bid them
to trample the ſaid Preſentinent under their Feet;
and cauſed Brown to tear the ſaid. Preſentment in his ſight. 'And he the ſaid Sir
Robert Berkley, when as John Houland, and Ralph Pemberton, late Mayor of Saint
Albons, came to deſire his Opinion on ſeveral Indictments againſt Fohri Brown
Parſon of Saint Albons, and Anthony Smith Vicar
of Saint Peters in Saint Albons,
at the Quarter Seſſions held at the ſaid Town of Saint Albons, on the four and
twentieth of June, 1639. for the removal of the Communion Table out of the
uſual Place, and not Adminiſtring the Sacrament according to Law in that
Caſe provided : He the ſaid Sir Robert Berkley, then told them, that ſuch an in-
dictment was before him at Hertford, and that he quaſhed the ſame, and impriſon-
ed the Promoters; by which threatning and reviling Speeches,unjuſt Actions and
Declarations, he ſo terrified the Jurors in thoſe Parts, that they durſt not pre-
ſent any Innovations in the Church Matters, to their great Grief and Trouble of
their Conſciences.
And whereas ſeveral Indictments, were preferred againſt Matthew Brook,
Parſon of Tarmouth, by Fohn Ingram and John Carter, for refuſing ſeveral times
to Adminiſter the Sacrament of the Lords-Supper to them, without any lawful
Cauſe, at the Alizes held at Norwich in
1633. He the ſaid Sir
Robert Berkley, then being one of the Judges of the Allize, proceeded then to
the Tryal, on the ſaid Indictments; where the Matter in Illue being, that the
ſaid Brook refuſed to Adminiſter the ſaid Sacrament, becauſe the ſaid Ingram
and Carter would not receive Tickets with their Sur-Names before their Chri-
ften-Names; which was a Courſe never uſed amongſt them, but by the ſaid
Brook. He the ſaid Sir Robert Berkley did then much diſcourage the ſaid Ingram's
Councel, and over-rule the Cauſe for matter of Law, ſo as the Jury never went
from the Bar; but there found for the ſaid Brook. And the ſaid Sir Robert Berk-
ley bound the ſaid ingram to the good Behaviour, for the proſecuting the ſaid
Indictments; and ordered Itim to pay Coſts to the ſaid Brook, for wrongfully in-
And whereas the ſaid Carter, not expecting the Tryal at the
fame Aflizes, he preferred his Indictment, was then abſent; whereupon the
faid Sir Robert Berkley did cauſe to be .entred upon the ſaid Indictment, a
vacat, quia non fufficiens in lege, and ordered an Attachment againſt
the faid car-
ter, which ſaid proceedings againſt the ſaid Ingram and Carter, by the ſaid
Sir Robert Berkley, were contrary to Law and Juſtice, and to his own know-
ledge.
}
:
2
1
+
il
diting him.
10. That
**
re 에
​է
1.
.
from the Scotch Rebellion to the King's Marther. 341
4
Fuly,
1
HI
-
I
10. That the ſaid Sir Robert Berkley, being one of the Juſtices of the Court
of Kings-Bench, and duly ſworn as aforeſaid, in Trinity Term 1637. deferred 1641.
to diſcharge or bail Alexander fenings Priſoner in the Flect, brought by Habeas
Corpus to the Bar of the ſaid Courts, the return of his Commitment being that
he was committed by two ſeveral Warrants from the Lords of the Councel, da-
ted the fifth of November, 1636. The firſt being only read in Court expreſ-
ſing no cauſe, the other for not paying Meſſengers Fees, and until he ſhould
bring a Certificate that he had paid his Aſſeſſment for Ship-Money in the Coun:
ty of Bucks; but remitted himn i And in Michaelmas Term after, the ſaid fen-
ings being brought by another Habeas Corpus before him as aforeſaid, and the
ſame returned; yet he the faid Sir Robert Berkley, refuſed to diſcharge or bail
him, but remitted him.. And in Easter
. Tcrm, after ſeveral Rules were given
for His Majeſties Councel, to thew Cauſe why the ſaid Fenings ſhould not be
Bailed, a fourth Rule was made for the ſaid Jenings, to let His Majeſties At-
torney General have notice thereof, and notice was given accordingly; and the
faid fenings by another Habeas Corpus, brought to the Bar in Trinity Term
after, and
the ſame rețurn, with this addition, of a new Commitment of the
Fourth of May, ſuggeſting he the ſaid Fenings had uſed divers ſcandalous
Words in derogation and diſparagement of His Majeſties Government. He the
ſaid Fenings, after ſeveral Rules in the end of the ſaid Trinity Term, was again
remitted to Priſon. And he the ſaid Sir Robert Berkley did on the fifth of June
lalt, defer to grant His Majeſties Writs of Habeas Corpus, for William Pargiter
and Samuel Danvers, Eſquires, Priſoners in the Gate-Houſe, and in the Fleet :
And afterwards having granted the ſaid Writ of Habeas Corpus, the ſaid Pargi-
ter and Danvers were on the eighth of June laft, brought to the Bar of the ſaid
Court, where the Returns of their Commitments were, ſeveral Warrants from
the Lords of the Councel; not expreſſing any Cauſe ; yet he the ſaid Sir Robert
Berkley, then fitting in the ſaid Court, deferred to Bail the ſaid Pärgiter and
Danvers, and the eighteenth of June laſt, made a Rule for a new recurn to be
received, which were returned the 25th of June.laſt, in hæc verba.
"Whereas His Majesty finding that his Subjects of Scotland, have ir Rebellious
« and Hoſtile manner Aſſembled themſelves together, and intend, not only to ſhake off
"their Obedience unto His Majeſty, but alſo as Enemies, to invade and infeft this His
Kingdom of England, to the danger of his Royal Perſon, &c.
For prevention whereof, His Majeſty hath, by the Advice of his Councel-
Board, given ſpecial Commandment to all the Lord-Licytenants of the Coun-
ties of this Realm, appointed for their Rendezvouz, in their ſeveral and reſpe-
ctive Counties, there to be conducted and drawn together into a Body for this
Service: And whereas His Majeſty, according to the Laws and Statutes of this
Realm, and the conſtant Cuſtom of his Predeceſſors, Kings and Queens of this
Realm, hath Power for the defence of this Kingdom, and
reſiſting the force of
the Enemies thereof, to grant forth Commiſſions under His Great Seal, to ſuch.
fit Perſons as he ſhall make choice of, to Array and Arm the Subjects of this
Kingdom; and to compel thoſe who are of able Body, and of able Eſtates, to
arm themſelves; and ſuch as ſhould not be of able Bodies, but of Ability in E-
itate, to Affeſs them according to their Eſtates, to contribute towards the
Charge of arraying others being able of Body, and not able in Eſtate to arm
themſelves. And ſuch Perſons as ſhould be contrariant to commit'to Priſon,
there to remain, untill the King ſhould take further Order therein.
And whereas the Earl of Exeter, by vertue of His Majeſties Commiſſion to
him directed, for the Arraying and Arming of a certain number of Perſons in
the County of, Northampton, hath afleſt William Pargiter, being a Man unfit of
Body, for that Service, but being of Eſtare and Ability to contribute amongſt
others, to pay the Sum of five Shillings towards the arraying and arming of
others of able Bodies, and wanting Ability to Array and Arm them-
ſelves.
.
And whereas we have received Information from the ſaid Earl, that the ſaid
William Pargiter hath not only in a wilful and diſobedient Manner refuſed to pay
the ſaid Money aſſeſſed upon him, towards ſo important a Service, to the di-
ſturbance
CC
2
-
0
1
!
V
.
> >
ok
i
L
1
.:
!!
.
.
342 An Impartial Collection of all the memorable Events
July,
ſturbance and hindrance of the neceſſary defence of this Kingdom; but alſo by his
1 641.
ill example hath miſ-led many others; and, as we have jult cauſe to believe, hath
practiced to ſeduce others from that ready obedience which they owe, and would
otherwiſe have yielded to His Majeſties juft
. command, for the publick defence of
His perſon and Kingdom ; which we purpoſe with all convenient ſpecd co enquire
further of and examin.
Theſe are therefore to will and require you, to take into your Cuſtody the Per-
ſons of the ſaid William Pargiter and Samuel Danvers, and them ſafely to keep Pri-
ſoners, till further order from this Board, or until by due courſe of Law they ſhall
be delivered. Yet he the ſaid Sir Robert Berkley, being deſired to Bail the ſaid Pargi.
ter and Danvers, remitted them, where they remained Priſoners till the Ninth of
November laſt, or thereabouts ; although the laid Jenings, Pargiter, and Danvers, on
all and every the ſaid returns, were clearly Bailable by Law; and the Council of the
ſaid Fenings, Pargiter, and Danvers, offered in Court very fufficient Bail. And he
the ſaid Sir Robert Berkley being one of the Juſtices of the Court of the Kings Bench,
denied to grant his Majeſties Writs of Habeas Corpus to very many others his Mas
jeſties Subjects ; and when he had granted the ſaid Writs of Habeas Corpus to very
many others his Majeſties Subjects, and on the return no cauſe appeared, or ſuch
only as was clearly Bailable by Law; yet he remanded them, where they remained
Priſoners very long : Which ſaid deferring to grant the ſaid Writs of Habeas Corpus,
and refuſals and delays to diſcharge Priſoners, or ſuffer them to be Bailed, contained
in this Article, are deſtructive to the Fundamental Laws of this Realm, and con-
trary to former reſolutions, in Parliament; and to the Petition of Right : which
faid Reſolutions and Petition of Right were well known to him the ſaid Sir Robert
Berkley, and were Reſolved. on and Enacted when he was the Kings Serjeant at
Law, and attendant in the Lords Houſe in Parliament.
11. Thit whereas there was a Cauſe depending in the Court-Chriſtian at Nora
wich, between Samuel Booty Clerk, and Collard, for wo Shillings in the Pounds
for. Tithes for Rents and Houſes in Norwich, and the ſaid Collard moved by his
Council, in the Court of Kings Bench for a Prohibition to stay proceedings in the
Court Chriſtian at Norwich, and delivered into the ſaid Court of Kings Bench his
ſuggeflions, that the ſaid Cauſe in the ſaid Court Chriſtian was only for Tithes for
Rents of Houſes in Norwich, which was determinable by the Common Law only:
yet he the ſaid Sir Robert Berkley, being one of the Juſtices of the ſaid Court of
Kings Bench, and fitting in the ſaid Court, deferred to grant a Prohibition to the
faid Court Chriſtian in the ſaid Cauſe, although the Council did move in che ſaid
Court many ſeveral times, and ſeveral Terms for a Prohibition. And he the ſaid
Sir Roberi Berkley deferred to grant his Majeſties Writ of Prohibition to ſeveral other
Courts, on the motions of divers others of His Majeſties Subjects, where the ſame
by the Laws of this Realm ought to have been granted, contrary to the Laws of
this Realm, and his own knowledge.
All which words, Opinions, and Actions, were ſo ſpoken and done by him
the ſaid Sir Robert Berkley Traiterouſly and wickedly to Alienate the Hearts of His
Majeſties Liege People from His Majeſty, and to ſet a diviſion betwixt them, and to
ſubvert the Fundamental Laws and Eſtabliſhed Government of His Majeſties Realm
of England: for which they do Impeach him the ſaid Sir Robert Berkley one of the
Juſtices of the Court of Kings Bench of Higla Treaſon againſt our Soveraign Lord
the King His Crown and Dignity, and of the miſdemeanors above mentioned.
And the ſaid Commons by Proteſtation, ſaving to themſelves only the Liberty of
Exhibiting at any time hercafter any other Acculation or Impeachment againſt the
ſaid Sir Robert Berkley, and alſo of replying to the anſwer that he the ſaid Sir Robert
Berkley ſhall make to the ſaid Articles, or any of them, or of offering Proof of the
Premiſes, or any other Impeachments or Accuſations that ſhall be Exhibited by them,
as the caſe ſhall according to the courſe of Parliaments require, do pray that the ſaid
Sir Robert Berkley, one of the Juſtices of the Court of Kings Bench; may be put to
anſwer to all and every the
Premiſes ; and that ſuch Proceedings, Examinations,
Tryals
, Judgments
, and Executions may be upon every of them had and uſed, as
is agreeable to Law and Juſtice.
$
1'
1!
11
***
.
1
1
لننتني
Upon
T
1
1
MI
4
I
ri
.
H
Al
from the Scotch Rebellion to the King's Murther.
Upon the Articles of Impeachments of the Lord Chief Baron Daven-
port, Mr. Baron Trevor, and Mr. Baron Weſton, Mr. Hide by the Com-
mand of the Commons ſpake as follows.
343
July,
I 641.
CC
THE
CC
CC
(C
CC
(C
My Lords,
Here cannot be a greater inſtance of a ſick and languiſhing Com- Mr. Hide's
monwealth, than the buſineſs of this day. Good God! how speech at the
“ have the guilty theſe late years been puniſhed, when the Judges them- delivering of
felves have been ſuch Delinquents ! 'Tis no marvel that an Irregular, Impeachment
Extravagant, Arbitrary, Power, like a Torrent, hath broke in upon us, of the L. Chief
when our Banks and our Bulworks, the Laws, were in the cuſtody of port, Mr. Ba-
ſuch Perſons. Men who had loſt their Innocence could not preſerve ion Trevor, and
their Courage ; nor could we look that they who liad ſo viſibly un- Weston, July 6.
“done us themſelves, ſhould have the Vertue or Credit to Reſcue us 1641.
from the Oppreſſion of other Men. 'Twas ſaid by one, who always
ſpoke excellently, That the Twelve fudges were like the Twelve Lions
under the Throne of Solomon ; under the Throne in Obedience, but yet
“Lions : Your Lordſhips ſhall this day hear of Six, who (be they what
they will be elſe ) were no Lions ; who upon vulgar fears delivered
up the precious Forts they were truſted with, almoſt without aſſault,
and in a tame, eaſie Trance of flattery and ſervitude, loft and forfeited
(Thamefully forfeited ) that Reputation, Awe and Reverence, whichi
“the Wiſdom, Courage and Gravity of their Venerable Predeceſſors
“had contracted and faſtned to the places they now hold ; and even
“ rendred that ſtudy and profeſſion, which in all Ages hath been, and
I hope now ſhall be of an honourable Eſtimation, ſo Contemptible
“and Vile, that liad not this bleſſed day come, all Men would have had
that quarrel to the Law it ſelf, which Marius had to the Greek
Tongue, who thought it a țnockery to learn that Language, the Ma-
“ ſters whereof lived in bondage under others. And I appeal to theſe
unhappy Gentlemen themſelves, with what a ſtrange negligence, fcorn
and indignation the faces of all men, even of the meaneſt, have been
directed towards them, ſince (to call it no worſe ) that fatal declen-.
ſion of their underſtandings in thoſe Judgments, of which they ſtand
"here charged before your Lordſhips. But, my Lords, the work of this
day is the greateſt inſtance of a growing and thriving Common-wealth
too ; and is as the dawning of a fair and laſting day of happineſs to
“this Kingdom : 'Tis in your Lordſhips power (and I am ſure 'tis in
your
Lordſhips will) to reſtore the dejected broken people of this
Íſland to their former joy and ſecurity, the Succeſſors of theſe Men to
their old Priviledge and Veneration,& fepultas propè leges revocare.
My Lords, the iniquity of Judges is infectious, and their craftieft
Combination to leave us as few innocent as may be : Your Lordſhips
have heard of the juſtice of Two of the greateſt Courts of Weſtminſter,
" and that you may know how little advantage the other of his Ma-
jeſties Revenue, the Court of Exchequer, hath of its fellows in the Ad-
miniſtration of Right, I am commanded by the Houſe of Commons
to preſent to your Lordſhips Three ſeveral Charges againſt three Jud-
ges of that Court; my Lord Chief Baron Davenport, Mr. Baron Tre-
ver, and Mr. Baron Weſton: Your Lordſhips will pleaſe to hear them
CC
C
CC
-
(
CC
2
CC
I read.
!
.
Here
d
พ
1 641.
i
to
(C
2
1
i
+
344 An Impartial Collečtion of all the memorable Events
July,
Here the ſeveral Articles were read.
“Your Lordſhips obſerve, that the great Reſolution in Ship-mony
was a Crime of fo Prodigious a Nature, that it could not be eaſily
ſwallowed and digeſted by the Conſciences even of theſe Men; but
as they who are to Wreſtle or run a Race by degrees prepare them-
ſelves by Diet, and lefſer Eſſays for the main Exerciſe, ſo theſe
Judges
"! enter themſelves, and harden their hearts by more particular Trefpaf-
“ ſes upon the Law : By Impoſitions and Taxes upon the Merchant in
"
Trade ; by Burdens and Preſſures upon the Gentry in Knighthood,
“ before they could Arrive at that Univerſal deſtruction of the Kingdom
by Ship-mony, which promiſed Reward and Security for all their for-
mer Services, by doing the work of a Parliament to His Majeſty in Sup-
plies, and ſeemed to delude juſtice, in leaving none to judge them, by
making the whole Kingdom party to their oppreſſion.
My Lords, of this Crime theſe Three Judges ſeem to be at leaſt
equally guilty; for however one of them, my Lord Chief Baron, is not
charged with that Judgment in the Exchequer-Chamber againſt Mr.
Hampden, and how he faild in making his Concluſion from his own
Premiſſes, he only can inform you. Your Lordſhips ſee how quickly
he repented that that miſchief was done without him there, by his
overtaking his Brethren in his Circuit, and as he ſaid of the vileſt kind
“ of flatterers
, Crudeliſſimo fervitutis genere, quod intra ſe abominabantur,
palam laudabant : He made all poſſible haſte to redeem himſelf from
that imputation of Juſtice, and declared publickly in the face of the
Country, that it was adjudged by all the Jízdges of England, that Ship-
mony was due to the King, though I believe he will be now glad to
be thouglit none of thoſe Judges. And what others did he well knew
and thereupon Impriſoned a poor man for doing that, which if Ship-
mony had been due to his Majeſty. by Magna Charta, had been law-
ful for him to have done. Of the reſolutions and judgment it ſelf I
am not to ſpeak, your Lordſhips have paſſed your noble judg-
My Lords, the firſt Charge in order is; that preſumptuous Decree
againſt Mr. Rolls and others: And in truth, whatſoever glofs they put
upon it, is no other than a plain grant of the Subſidy of Tonnage and
Poundage to His Majeſty upon all Merchandiſe ; after their Goods feiſed
for non-payment of thát pretended duty, the Proprietors brought Re-
plevins ( which is the natural and genuine remedy appointed by Law
in caſe of Property, and grounded upon Property ) the Court Awards
an Injunction to ſtay theſe Replevins, the Goods were in the King's
poſſeſſion, and no Replevin would lye againſt the King. Truly, my
“Lords, the injuſtice here is not fơ ſcándalous as the fraud; we all know
a Replevin ( as no other ſuit ) lyes againſt the King, if the Goods be in
his own hands, in his Bed-Chamber : But to call a ſeiſure by the Far-
mers (of whoſe intereſt this Court will not deny the notice : and if
“his Majeſty, had any right, they well knew he had transferred it to
theſe men ) or the Ware-houſes of the Cuſtomers, the King's poſlef-
fion, to defeat the Subject of his proper remedy, was the boldeſt piece
“ of Sophiſtry we have met with in a Court of Law. Pardon me if I
am tranſported : The Civilians ſay, Tutor Domini loco habetur cum rem
adminiſtrat, non cum pupillum ſpoliat : The Office of Judges is to pre-
"
ſerve
CC
C
1
.
1
.CC
ment.
CC
66
1
CC
CC
1
+
2.
from the Scotch Rebellion to the King's Murther. 345
CC
cc
July;
1.6.4.1.
ເຣີ
CC
1
CC
(C
CC
用
​CG
CC
CC
ſerve and give remedy for right; here they found a right, a known
and unqueſtionable right, yet inftead of alliſting took away the reme-
dy to preſerve that right: What ſhall we call theſe Judges ? My Lords,
“in this Argument I am not willing to ſay much ; 'tis enough that
your Lordſhips know Tonnage and Poundage is not a duty to the
Crown, but a Subſidy, and ſo granted in ſubſidium, ſometimes pro una
"vice tantum, ſometimes for years
, and then ceaſed when the time did
expire, that when it was firſt granted for Life, it was with this Clauſe;
Ita quod non trahatur in exemplum futuris Regibus : But ʼtis abundant-
ly enough that his Sacred Majeſty cannot be tainted with the advices
"and judgments of theſe Men, but looks on this duty ſingly, as the
meer Affection and Bounty of his Subjects, the which, no doubt, he
ſhall never want.
My Lords, The next Charge is concerning Impoſitions ; Mr.Vaf-
Sal's Goods are ſeiſed for not paying Impoſt, which he conceived to be
againſt Law, he is Impriſoned, and Judgment given againſt him, with:
our ſuffering him to be heard upon the point of Right, becauſe that had
“ been heretofore judged in Bates's Cafe: And yet theſe very Judges
“ have not thought themſelves fo bound up by former judgments, but
that ſince this time they have argued a Caſe upon the ſame point,
“ which was adjudged in Hillary Term in the 15 Elizabeth, and con-
“firmed after by all the Judges of England in a Writ of Error, in the
21 year of that Queen's Reign, 'tis Walſingham's Cafe, however the
“ fame modeſty feiſed them again in the Caſe of a Noble Lord, not now
preſent. Whether the King, without aſſent of Parliament, may ſet
"Impoſitions upon the Wares, and Goods of Merchants, is no queſtion;
it hath been more then once debated in Parliament, and indeed whilft
it was a queſtion, was fitteſt for a Parliament: I will not trouble your
Lordſhips long ; 'tis now reſolved, and nothing new can be ſaid in
this Argument, though I may have leave to ſay, if the King can by
his Letters Patents create ſuch a right to himſelf, and by a Legal
Courſe recover that right under ſuch a Title, ſuch Letters-Patents are
“in no degree inferiour to an Act of Parliament: To reconcile ſuch a
power in the Prince, and thie property of a Subject, that the one mụſt
not be deſtructive to the other, will require a much greater, a ſubtler
underſtanding then I pretend to : But, my Lords, I do not think the
judgment in this point to be ſo great á Crime in theſe Judges, as that
they: preſumed to judge at all; the matter had been long debated in
“Parliament, undetermined, and therefore not within the Conuſance of
an inferiour Court, had it not been true that Forteſcue ſays in his 36
Chapter of the Laws of England, Neque Rex per je aut Miniſtros fuos,
tallagia, ſubſidia, aut quævis onera alia imponit
, &c. fine conceſſione vel
aſenſu totius Regni fui in Parliamento ſuo expreſo, &c. If the Sta-
tute de Tallagio non concedendo. If the 30 Chap. of Magna Charta,
and all the other Statutes to that purpoſe be not clear in the point,
they might eaſily have apprehended fo much weight, ſo much difficul
ty in the queſtion, (eſpecially ſince.in all our Law-Books, not ſo much
as the word Impoſition is found, untill the Caſe in my Lord Dyer of
1 Eliz. (fol
. 163.) that they might very well have ſuſpected them
ſelves to be no competent Judges for that determination ; and I hope
by the experience of this Parliament the Judges will recover that An-
cient modeſty, to believe that ſome Caſes may
that
may not
be properly within their Juriſdiction ; in the Ninth year of Edward
Vol. II.
00
CC
(G
ic
CC
CC
CC
(C
C
fall out,
누
​c
Y Y
6 the
1
346
July,
1 641.
(6
1
C
IL
CC
CC
An Impartial Collection of all the memorable Events
the ſecond ('tis in the Parliament Rolls.) It being found by an Office
after the death of Gilbert de Clare Earl of Glouceſter, that his Siſters
were his Heirs, niſi Comitiſa Gloceftriæ eſſet pregnans, the queſtion
was, Whether the King might grant the Heirs their Livery in prejudi-
“ cium impregnature : This was conceived negotium novum, & dificile ;
and the King having commanded the Chancellour and Judges to de
liver their Opinions in writing, they returned, Quod non audebant
“ dictum negotium definire, nec Domino Regi confulere ſine affenfu magna-
tum, propter raritatem & difficultatem : Whereupon day was given to
the Parties, ad proximum Parliamentum. And your Lordſhips well
know the ſpecial care that is taken by the Statute of 14 Ed. 3. cap: 5.
that ſuch matters, as for the difficulty, are not fit for the Judges, or
through eminent delay are not diſpatched by the Judges, ſhall be de-
termined in Parliament. Not ſuch matters as the parties concerned,
“had rather venture upon your Lordſhips judgments, then upon the
Rules and Proceedings of the Law (God knows what miſchief and
confuſion may fall out upon that admiſſion ) there muſt be ſuch dif-
ficulty, ſuch delay, before that Statute meant, your Lordſhips Juſtice
« ſhould be concerned in the reſolution : I wiſh theſe Gentlemen had
" thought this buſineſs a matter of that difficulty, as had been fit for ſuch
a delay.
My Lords, We come next to the Charge concerning Knighthood :
“ Mr. Maleverer appears upon the Proceſs of that Court, pleads and
“ ſubmits to his Fine, ponit ſe in gratiam Curiæ : The Barons refuſe to
“impoſe any Fine, they had no power to do that, he muſt treat with
certain Commiſſioners appointed for that purpoſe, and compound
“ with them: Your Lordſhips have not met in the ſame Men ſuch con-
tradictions of Crimes; who would ſuſpect the ſame Men in one Charge,
to have the mettle to Uſurp the Power, and Exerciſe the Juriſdiction
« of the higheſt Court, the Court of Parliament ; and preſently to want
the Spirit to do that which was ſo reſtrained, and peculiar to theiro
places to have done, as that none elſe could do it. They had no pow-
er to Fine, as if the ſole buſineſs of Sworn Judges in a Court of Law,
were to ſummon and call Men thither, and then to ſend them on Er-
rands to other Commiſſioners for Juſtice: 'Tis true, the Commiſſio-
ners of 1 Edw. I. to Tiptoffe and Berk, and ſince to others, were and
“ have been to compound with thoſe, who deſired to compound, not
“otherwiſe ; they had no power to compel any, to fine any; that truſt
,
" by the Law, was and is only in the Judges; ſo that if this duty were
aright to his Majeſty, and the Perſons lyable refuſe to compound,
“ for ought theſe Judges can do, the King muſt loſe this Duty,
" they can impofe no Fine, only they have found a Trick, which they
« call the Courſe of the Court ( to make his Majeſty a faver ) appear
“ while you wilt, plead what you will, fubmit to the mercy of the
" Court, Iſſues ſhall go on ſtill
, as if you did neither, till you have done
“fomewhat that Court will not order you to do, nor is bound to take
« notice of when you have done ; your Lordſhips will help us out of
" this Circle . And that you may ſee low incapable they are of
of any
“excuſe in this point, the very Mittimus out of Chancery gives them
"expreſs Command amongſt other things, Ot fines omnium illorum quì
juxta proclamationem predi&ť ordinem ante predict diem ſuſcepiſſe de-
“ buerunt, capiatis
, &c. "Tis only worth your Lordſhips obſervation,
“this misfortune commonly attends ( and may irever ) thoſe abſolute,
“ diſuſed
CC
CC
1
commands
from the Scotch Rebellion to the King's Murther, 347
.
I
0
1
“ diſuſed Rights, that be the thing in it ſelf in a degree lawful, the Ad Fuly,
“ viſers and Miniſters of it fo fail in the Execution, that as it uſually| 16:41:
proves as grievous to tlie Subject, ſo by ſome Circumſtances, it proves
as penal to the Inſtruments, as if it were in the very' nature of the thing
againſt all the Laws of Government.
I have wearied your Lordſhips : You ſee in what a dreſs of inju-
ſtice, fubtilty and oppreſſion, I am very unwillingly compelled to pre-
"ſent theſe Judges to you ; if' they appear to your Lordſhips under any
other Character of known and confeſſed learning in the whole courſe
of their lives, how far that will aggravate their fault your Lordſhips
"muſt only judge : If under the excuſe of Ignorance, or not much
Knowledge in the duty of their places, your Lordſhips will eaſily con-
clude, what infinite miſchief
, of which your Lordſhips have no parti-
cular Information, the Subjects of this Kingdom have ſuffered in their
Lives, in their Fortunes, under ſuch Ignorance, and ſuch Preſumption:
“If under the Reputation of Prudence and Integrity in all Caſes, ex-
cept theſe preſented to your Lordſhips ; your Lordſhips will be at leaſt
" of the ſame opinion, that he of Lacedemon was of the Athenians, if they
“ carried themſelves well, when time was, and now ill, they deſerve a
“ double puniſhment; becauſe they are not good, as they were; and be-
cauſe they are evil
, as they were not.
My Lords, If the excellent, envied Conſtitution of this Kingdom
“hath been of
late diſtempered, your Lordſhips ſee the Cauſes : if the
ſweet harmony between the King's Protection, and the Subjects Obe-
<dience hath unluckily ſuffered interruption; if the Royal Juſtice and
“Honour of the beſt of Kings have been miſtaken by his People; if the
“Duty and Affection of the moſt Faithful and Loyal Nation have been
“ ſuſpected by their gracious Sovereign : If by theſe miſrepreſentations,
« and theſe miſunderſtandings the King and People have been Robbed
“ of the delight and comfort of each other, and the bleſſed Peace of this
“ Iſland been ſhaken and frighted into Tumults and Commotions; into
“the Poverty, though not into the rage of War, as a People prepared
“ for Deſtruction and Defolation : Theſe the are Men Actively or Paſ-
« ſively, by doing or not doing, have brought this upon us : Miſera fer-
vitus falsò pax vocatur : ubi Judicia deficiunt incipit Bellum.
My, Lords, I am Commanded by the Houſe of Commons to deſire
“Your Lordſhips, that theſe Three Judges may be ſpeedily required to
“ make their Anfwers to theſe Impeachments : and that ſuch further
Proceedings may be had againſt them, as the Courſe and Juſtice of
“Parliament will admit,
CC
!
The ARTICLES were as followeth.
F
Articles of the Houſe of Commons in the Name of themſelves, and of all the Commons
Articles of Im-
of England, againſt Sir Humphrey Davenport Knight, Lord Chief Ba- peachment as
ron of His Majesties Court of Exchequer , Impeaching him as followo- gainſt Judge
eth,
Davenport, J**
6, 64 •
Hat whereas in the Month of Oktober, in the fourth Year of His Majeſties
Reign, the Farmers and Officers of the Cuſtom-Houſe, having ſeized great
Quantities of Currants, being the Goods of Samuel Vaffal Merchant,
and having conveyed them into certain Store-Houſes, at the Cuſtom-Houſe,
and detained.them, becauſe the ſaid Samuel Vafal refuſed to pay an Impoſition
Vol. II..
Y y 2
of
1
1
:
'LL
T
1
4
L
1
1
:
::
348 An Impartial Colle&tion of all the memorable
Events
July, of five Shillings fix Pence, upon every hundred weight of the ſaid Currants, pre-
I 64:I.
tended to be due upon, and demanded by the faid Farmers and Officers on his
Majeſties behalf, for the ſaid Currants, whereas no ſuch Impoſition was due or
payable for the ſame;. but the ſaid Impoſition was, and is againſt the Laws of
this Realm.
And whereas alſo in Michaelmas-Tering in the ſaid fourth Year of His Maje-
ſties Reign, His Majeſtics then Atcorney General, exhibited an Information by
Englifs Bill in the Exchequer, againſt the ſaid Samuel Vallal, ſetting forth that
King Fames by his Letters-Patents, dated Tertio Novembr. in the ſecond Year of
His Reign, did command the ſaid Impoſition of five Shilings, ſix Penče upon
every hundred weight of Currants, ſhould be demanded and received.
And that His Majeſty that now is, by His Letters-Patents dared the ſix and
twentieth Day of July, in the ſecond Year of His Reign, did by advicē. of his
Privy-Councel, declare his Will and Pleaſure to be, That Subſidies, Cuſtoms
and Impoſt, ſhould be levyed in ſuch manner, as they were in the Time of
King James, and the ſame, and the Farmers thereof, to continue until it might
receive a fetling by Parliament, and commanded the levying and receiving the
ſame accordingly; and that the ſaid Samuel Vaffal before the firſt Day of oito-
ber clien laſt, before the ſaid Information exhibited, did bring into the Port of
London in Ships, four Thouſand ſix Hundred thirty eight Hundied Weight of
Currants, Richard Carmarthen, Surveyor in the ſaid Port of London, the ſaid
firſt Day of Ostöbers demanded of the ſaid Samuel Vaſſal the ſaid Impoſition of
five Shillings fix Pence for every hundred. Weight of the ſaid Currants; and
that the ſaid Samuel Vafal refufcd to pay the ſaid Impoſition, and unjuſtly de-
tained it from the King: To which Information the ſaid Samuel Vaſjál appear-
ed, and pleaded the Statute of Magna Charta, and the Statute of de Tallagio non
concedendo, and that he was a Subject born under the Kings Allegiance, and a
Merchant of London uſing that Trade, and that the ſaid Summ of five Shillings
ſix Pence upon every hundred Weight of Currants, was and is malam talentum,
and not antiqua feu réta confuetudo, and that it was impoſed without Allent of
Parliament: 'to which Plea the faid Attorney General demurred in Law, and
the ſaid Samuel Väffal joyned in Demurrer with him ; and when the ſaid Cauſe
came to be argued, viz. in Trinity Term, in the ſixth Year of His Majeſtics
Reign, the ſaid Sic Humphrey Davenport being then Lord Chief Baroñ of His
Majeſties ſaid Court of Exchequer, did contrary to his Oath, and contrary to
the Laws of this Realm, and to the great impoveriſhment of the ſaid Samuel
Valjal, publickly deny to hear the Councel of the faid Samuel Vaffal to argue
for him, and ſaid, that the Caſe of the ſaid Samuel Vaffal would fall under the
fanie Rule with the Caſe of one Bates, and therefore was already judged: and
when the Councel of the ſaid Sahuel Vaffal anſwering that they had nothing to
do with Bates his Caſe, but deſired' to argue for Maſter Vasſall, the ſaid Sir
Humphrey Davenport, replyed, that they knew the Opinion of the Court, and
ſhould be heard no further; and ſaid, that the King was in Polreſlion, and
that they (meaning the laid Court of Exchèquer ) would keep him in Poffeſfion:
And the
ſaid Sir Humphrey Davenport ſhortly after did (together with the reſt of
the then Barons of the ſaid Court of Exchequer) impriſon the ſaid Samuel Vasſal,
for not paying fuch Summs.of Money as were pretended by the faid Officers of
the Cuſtom-Houſe, to be due to His Majeſty, and did delay the ſaid Samuel Vaſal
from time to time, from having reſtitution of his ſaid Goods, being often in
Court moved therèto, with intention to force the ſaid Sarnuel Vaſſalto pay the
faid unlawful Impoſition; and did alſo give his Opinion and Judgment upon
the ſaid Information for thic King, and againſt the ſaid Samúel Valal, and by ſe
veral Orders for that purpoſe made, did continue the Poſſeſſion of the ſaid Goods
in the King, and the ſaid Samuel Vafal could never obtain any reſtitution at all
of his ſaid Goods.
1. That whereas it was commanded to the Sheriff of the County of Yorks
by Writ under the Seal of His Majeſties Court
of Exchequer, dated the ſix-
teenth Day of May, in the ſeventh Year of His Majeſties Reign that how
is, That he ſhould deſtrain fames Maleverer Eſquire, to appear before the Ba-
tons of his
Majeſtiès ſaid Court of Exchequer, in the Oftaves of the Holy Trinity
then nëxt following to make fine to the King for his Treſpaſs and contempt
1
.
+
14
11
}
from tbe Scotchi Rebellion to the King's Murtber. 349
July,
1 64 1.
.
=
1
1
.
1
in not coming to the Preſence of the King, before the one and thirtieth Day of
January, in the firſt Year of his ſaid Majeſties Reign, to take upon him the Or-
der of Knighthood, according to the form of a Proclamation in that behalf
formerly made, at which Day of the ſaid Octaves of the Holy Trinity, the ſaid
James Maleverer did appear, and pleaded to the ſaid Writs, that although His
ſaid Majeſty, the ſaid one and thirtieth Day of January, and for three Days
next before, the ſaid one and thirtieth Day of January, was reſident and te-
maining at his Pallace at White-Hall in the County of Middleſex, and that the
ſaid James Maleverer the ſaid one and thirtieth Day of January, and three
Days next before the ſaid one and thirtieth Day of January, was reſident and
remaining at Ancliff in the ſaid County of York, which is diſtant from the ſaid
Pallace of White Hall
, the ſpace of one Hundred and fourſcore Miles; and that
the ſaid James Maleverer the ſaid one and
thirtieth Day of January aforeſaid,
or at any time before, had no Lands nor Rents in his own Hands; or in the
Hands of Feoffees, to his uſe, out of the faid County of rork, and that that
part of the ſaid County of Tork which is neareſt to the ſaid Palace of White-
Hall, is diſtant from the ſaid Pallace of White-Hall the Ipace of one hundred
and thirty Miles ; and that no Proclamation, by vertue of any Writ of Pro-
clamation, for the appearance of any perſons whatſoever, to take the faid Or-
der of Knighthood, was made in any part of the ſaid County of Tork, before
the thirtieth Day of January, in the ſaid firſt Year of His Majeſties Reign, by
reaſon whereof the ſaid James Maleverer could not perſonally come to the
Preſence of His ſaid Majeſty, to take the faid Order of Knighthood before the
faid one and thirtieth Day of January, in the ſaid firſt Year of His Majeſties ſaid
Reign,, yet the ſaid Fames Maleverer for his Fine in the Premiſes, díd humbly
ſubmiť himſelf to the ſaid Court, and demanded to be diſcharged of the faid
Iſſues, returned and impoſed upon him by reaſon of the Premiſſes; yet not-
withſtanding the ſaid Plea and Submiſſion of the ſaid James Maleverer, and
after the ſame was made as aforeſaid, and entred upon Record in His Majeſties
faid Court of Exchequer, and the faid Court moved for ſtay of the Proceſs and
diſcharge of the Iſſues, the ſaid Sir Humphrey Davenport, being then Lord. Chief
Baron of the ſaid Court of Exchequer, contrary to his Oath, and contrary to
the Laws of this Realm, and to the great impoveriſhing of the ſaid Fames Ma-
leverer, did ( together with the reſt of the then Barons of the ſaid Court ) re-
fuſe to impoſe any Fine whatſoever upon the ſaid James Maleverer, and told
him that the ſaid Court had no power to Fine him, and that he muſt com-
pound with certain Commiſlioners for that purpoſe appointed. And did farther
order and direct ſeveral other Writs of Diſtringas, to iſſue forth of His Ma-
jefties ſaid Court of Exchequcr, under the Seal of the ſaid Court, directed to
the ſeveral High Sheriffs of the ſaid County of York; whereby the ſaid Sheriffs
were commanded further to diſtrain the ſaid James Maleverer to appear as a-
foreſaid; upon which ſaid Writs of Diſtringas, feveral great and excelſive If-
ſues were returned upon the Lands of the ſaid James Malevercr, amounting to
the Summ of two Thouſand Pounds, or thereabouts; a great part whereof, the
ſaid James Maleverer was inforced to pay; and in like manner the ſaid Sir
Humphrey Davenport ( together with the reſt of the then Barons of the ſaid
Court of Exchequer ) did order and direct ſuch and the like unjuſt and undue
Proceedings, and the ſaid Proceedings were had and made accordingly, againſt
Thomas Moyſer Eſquire, and againſt ſeveral other Perforis, His Majeſties Sub-
jects, in ſeveral Parts of this Realm, to the utter undoing of many of,
2. That a Sentence of Degradation, being given by the High Commiſſioners
of the Province of York, againſt Peter Smart Clerk, one of the Prebends of the
Church of Durham, for a Sermon by him formerly Preached, againſt ſome In-
novations in the Church of Durham, a Tryal was afterwards had, viz. in As-
gaſt in the ſeverith Year of his faid Majeſties Reign, before the ſaid Sir Hum-
phrey Davenport, Knight, then one of the Judges of Allizes and Nift prius for
the County Palatine of Durham, concerning the Corps of the Prebend of the
ſaid Maſter Smart, which was then pretended to be vojd, by the ſaid Sentence of
Degradation ; the ſaid Sir Humphrey Davenport contrary to his Oath, and con-
trary to the Laws of this Realm, and to the deſtruction of the faid Maſter
Smart
1
+
C
them.
!
1
C
1
1
+
.:
350 An Impartial Collection of all the memorable Events
July,
1 6.4 1.
1
+
+
H
Smart, upon reading the Writ de heretico comburendo, did publickly on the
Bench, in the preſence of divers His Majeſties Subjects then attending declare
his Opinion to be, That the ſaid Prebends Place was void, and gave directions to
the Jury then at Bar, to find accordingly: and being then informed that al-
though the ſaid Maſter Smart had been
dead or deprived, yet the Profits of his
Prebend had been due to his Executors, till the Michaelmas following, the ſaid
Sir Humphrey Davenport then anſwered, That though the ſaid Master Smart was
not dead, yet if he had his deſert, he had been dead long ago, for he deſerved to have
been banged for the ſaid Sermon, and that he was as wicked a Man,as any lived in the
World, call him no more Maſter Smart but plain Smart. And when the ſaid Jury had
found againſt the ſaid Maſter Smart, the ſaid Sir Humphrey Davenport, in ſcandal
of His Majeſties Government and Juſtice, and of the Proceedings of His Maje-
ſties Judges, did publickly as aforeſaid, ſpeak Words to this effect, That the
ſaid Fury bad well done, and that the ſaid Smart had no remedy fave by appeal to the
King ; and there he ſhould find but cold Comfort, for the King would wor go againſt
his own Prerogative, upon which the fudges and High Commiſſioners did depend, and
therefore would not contradi&t one anothers Aits.
That the ſaid Sir Humphrey Davenport about the Month of November, Anno
Dom. 1635. then being Lord Chief Baron of his Majeſties Court of Exchequer,
and having taken an Oath for the due Adminiſtration of Juſtice to His Maje-
ſties Liege People, according to the Laws and Statutes of this Realm, ſubſcrib-
ed his Name to an Opinion, in hac verba : [ I am of Opinion, That as where the bea
nefit doth more particularly redound to the good of the Ports, or Maritime Parts (as
in Cafe of Piracy or Depredations upon the Seas ) there the charge
hath been, and may
be lawfully impoſed upon them, according to Preſidents of former Times ; so there the
good and ſafety of the Kingdom in general is concerned, and the whole Kingdom in
darger (of which His Majeſty is the only Fudg) there the Charge of the De-
fence onght to be borne by all the Realm in general: this I hold agreeable boih to Lam
and Reaſon.]
That in or about the Month of February, Anno Dom. 1636. the ſaid Sif Hum-
pbrey Davenport, then being Lord Chief Baron of the ſaid Court of Exchequer,
ſubſcribed an extrajudicial Opinion, in Anſwer to Queſtions in a Letter from
His Majeſty, ut 'Supra in the Articles againſt Judge Bramſton, and Judge Berk-
ley.
That whereas an Action of Battery was brought by one Richard Legge againſt
Robert Hoblins, to which the ſaid Hoblins pleaded Juſtification de ſon aſſault de
meſme, and the ſaid Cauſe came to Tryal at the Allizes holden for the County
of Glouceſter in Summer, An. 1636. before the ſaid Sir Humphrey Davenport,
then one of the Juſtices of Allize, and Niſi prius for that County : At the ſaid
Tryal the ſaid Robert Hoblins did begin to make proof of his ſaid Juſtification,
and produced one Rcbert Tilly a Witneſs in the Cauſe, who proved upon Oath,
that the ſaid Richard Legge did make the firſt Aſſault upon the ſaid Robert Hobo
lins, and that the occaſion thereof was, that the ſaid Richard Legge, and others,
came upon the Lands then in Pofleſſion of the ſaid Hoblins, and did take and
drive away eighteen Cows of the ſaid Hoblins, pretending they had a Warrant
from the Sheriff to diſtrain the ſame for forty Shillings aſeſſed upon the ſaid
Hoblins, for Ship-Money: And when the ſaid Hoblins (being preſent ) endea-
voured to hinder the ſaid Legge, and others, from taking away his faid Cattel,
the ſaid Legge ſtrook the ſaid Hoblins with a Staff, who after defended himſelf
That upon the opening of the Matter the ſaid Sir Humphrey Davenport, would
not ſuffer the ſaid Hollins to produce any more Witneſſes on his behalf (though
the ſaid Hoblins deſired that other of his Witneſſes then preſent, and ſworn,
might be heard) nor his Councel to ſpeak for him; but being informed that the
faid Hoblins (when Ship-Money was demanded of him ) anſwered, that he
would not pay the ſame, becauſe it was not granted by Parliament, the ſaid Sir
Humphrey Davenport did then (openly in the
hearing of a great number of His
Majeſties Liege People then aſſembled, and attending the Court ) in
great Par-
fion reprove the ſaid Hoblins, and told him that the King
was not to call a Par-
liament to give him fatisfaction, and did then and there allo falily and of purpoſe
,
to prevent His Majeſties loving Subjects from the due and ordinary courle of
Law, and contrary to his Oath, and the Laws of the Realm, Publiſb, Declare,
and
1
1
1
+
5
+
2
1
-
1
+
from the Scotch Rebellion to the King's Murtber.
354
and affirm, that it was adjudged by all cthe Judges of England, char Ship-money July,
was due to the King, and directed the Jury Sworn in that cauſe, to find a Ver-
1 641.
dict for the ſaid Richard Legge: And the laid Jury did accordingly, and gave hiin
va
twenty Pound damages. And the ſaid Humphrey Davenport did then allo, wich-
out any cauſe, Impriſon the ſaid kobert Hublins, and bound him to the good be-
haviour.
That whereas in the Month of April
, Decimo fexto Caroli
, the Officers of the
Cuſtom-Houſe having Seized a Ship of one Samuel Warner, Laden with Tobacco,
being the Goods of the ſaid Warner, the Bulk of the ſaid Ship not being broken,
and no Information Exhibited for the King, according to the courſe of the Exche-
quer for any Duty, the Barons were moved, that the ſaid Ship might be reſtored
to the Proprietors, giving ſecurity to pay ſuch duties as did belong to the King;
but upon the allegation of the Kings Actorney, that there needed no information,
becauſe there was no penalty, the ſaid Sir Humphrey Davenport, being then Lord
Chief Baron of His Majellies Court of Exchequer, together with the relt of the chen
Barons of the ſaid Court, did (contrary to his Oach, and contrary to the Laws of
this Realm ) deny the reſtitution of the ſaid Ship, unleſs all the duties demanded by
the Farmers of the Cuſtom-Houſe were firſt paid.
Hercupon the ſaid Warner brought an Action of Trover in the Office of Pleas in
thc Exchequcr againlt the ſaid Officers that Seized his Ship and Goods : Whereupon
the Kings Accorney General exhibited an. Information by Engliſh Bill in the Exche.
quer Chamber againſt the ſaid Warner ; ſetting forth, that Cuftoms and Subſidies
upon Merchandiſe, were a great part of the Kings Revenue, and payable to him ; And
that the laid Ship was Seized for non-payment
of the aforeſaid duties ; notwithſtand-
ing the faid Warner, then Proprietor, Proſecuted the Officers upon a Suit ar Law,
and prayes that he may anſwer the ſaid Information before any further proceedings
be had at Law.
Thereupon the ſaid Sir Humphrey Davenport together with the reſt of the then Ba.
rons of the ſaid Court of Exchequer, ordered that the Proprietor moving for the deli-
very of the ſaid Goods, ſhould firſt anſwer to the Information :'after which the ſaid
Warner demurred to the ſaid Information, in regard no Title for any cercain duty
was ſet forth by the Information, which demurrer yet remains not over-ruled; but
the ſaid Sir Humphrey Davenport, with the ſaid other Barons, without over-ruling
the demurrer, Ordered, becauſe Warner had put in a demurrer and not anſwered to
the laid Information, that he ſhould not proceed upon the Action of Trover. The
Proprietor being chus prevented of his remedy by Action at Law, ſued forth a Reple-
vin, and upon pretence of viewing the ſaid Goods, cauſed them to be brought
forth of a Cellar, hired by a Deputy to the Farmers to that uſe; and being brought
forth, they were taken by the Sheriffs of London, by vertuc of the ſaid Replevin;
and upon Oach made of the manner of the taking, as aforeſaid;. before the Barons,
and
upon view of the Preſident, Inrolls the Caſe ; the faid Sir Humphrey Davenport,
with the ſaid other Baronis adjudged, that the ſaid Gcods were not Repleviſable and
granted an Injunction to maintain Poſſeſſion of them as they were before.
And the ſaid Houſe of Commons by Proteſtation, ſaving to themſelves only
the Liberties of Exhibiting at any time hercafter, any other Accuſation or Impeach-
ment againſt the ſaid Sir Humphrey Davenport, and alſo of replying to the anſwer
that he the ſaid Sir Humphrey Davenport, Thall make unto the ſaid Articles, or any of
them, or of offering proof of the Premiſſes, or any of their Impeachments, or Ac.
cuſations, that ſhall be Exhibited by them, as the Caſchall ( according to the courfe
of Parliaments ) require, do pray that the ſaid Sir Humphrey Davenport, Lord Chief
Baron of His Majeſties Court of Exchequer, may be put to anſwer to all'and
the Premiſes; and that ſuch Proceedings, Examinations, Tryals, and Judgments
may be upon every of them had and uſed, as is agreeable to Law and Juſtice.
every
The ARTICLES againſt Mr. Juſtice Trevor were as followeth.
Articles
+
*
T
352 An Impartial Collection of all the memorable Events
7
July,
I 6413
Articles of the Houſe of Commons; in the Name of themſelves, and of all the Com-
mons of England, againſt Sir Thomas Trevor Knight, one of the Barons of
His Majeſties Court of Éxrhequer, Impeaching him as followeth.
TH
Hat in or about November 4. Car. divers Goods and Merchandiſes
whereof ( John Rolls, George Moorc, and other Merchants of London
were Proprietors ) being Seized and conveyed into certain Store-Houfes at the
Cuſtom-Houſe, by Sir John Worſtenham, Abraham Dames, and other the Farmer's
and Officers of the Cuſtoms, aud by them there detained, becauſe the ſaid
Proprietors refuſed to pay the Subſidy of Tonnage and Poundage; pretended to
be due; and demanded by the ſaid Farmers and Officers on His Majeſties behalf
for the ſaid Merchandiſes, whereas no ſuch Subſidy or Duty of Tonnage.or Poun-
dage was due or payable for the ſame, no Subſidy of Tonnage and Poundage ha-
ving heen granted by Parliament to His Majeſty. The ſaid John Rolls and others
the Proprietors of the ſaid Goods, having by reaſon of ſuch unlawful Seizure
and Detainer, as aforeſaid, Sied forth one or more Writ or Writs of Reple-
vin, directed to the Sheriffs of London ( being the proper remedy provided by
the Law to regain the Poſſeſſion of Goods taken and with-held from the Owners
contrary to Law ) the faid Sir Thomas Trevor Knight, then, and yet one of the
Barons of His Majeſties ſaid Court of Exchequer, together with the reſt of
the then Barons of the ſaid Court, upon Information to them given, That the
ſaid Proprietors, or ſome of them, had Sued forth, and did Proſecute ſuch
Writor Writs of Replevin; for the delivery of the ſaid Goods, did order an
Injunction under Seal of the ſaid Court to Iſſue forth, directed to the Sheriffs
of London, commanding them thereby not to Execute the ſaid Writ or Writs
of Replevin, or any like Writ thereafter to be Sued forth by any perſon or
Perſons for the delivery of any Goods in the like nature detained: And it did de
clare and order publickly in the ſaid Court of Exchequer, that the ſaid Goods
by Law were not Repleviſable ; alledging for cauſe, that the ſaid Goods were
in the Kings own Pollellion, whereas the ſame did not judicially appear to
them, and they did well know, that the ſaid Goods were at that time in the
Poſleſlion of the Farmers and Leſlees of the ſaid Cuſtoms, and no Lawful cauſe
to them appearing or ſuggeſted of the taking and detaining of the ſaid Goods:
which Injunctions and Declaration ſo granted and made, were and are againſt
the Laws of this Realm, and in ſubverlion of the common right and remedy of
the Subject for regaining the Poſſeſſion of his Goods being taken and with-hold-
en from him without Lawful cauſe.
That the Sheriffs of London for the time being ſerved with the ſaid injunction,
did forbear to execute the faid Writ or Writsof Replevin : by means whercof
the ſaid Goods continued fo detained as aforeſaid, contrary to Law, from the
Month of November, till the Month of June following.
That the ſaid. Sir Thomas Trevor and other the Barons aforeſaid
knowing the ſaid Goods to be unlawfully seized and Detained, for the
pretended Duties and Subſidy of Tonnage and Poundage, whereas no ſuch
were payable by Law, did from time to time delay the reſpective Proprietors
from having reſtitution of their faid Goods, being often in Court moved there-
in, with intention thereby to force the Proprietors (by wanting their Goods
and the uſe thereof ); to pay all ſuch Summs as the faid Officers of the Cuſtoms
pretended to be dụe to His Majeſty.
That to the end aforeſaid, the ſaid Sir Thomas Trevor, and the ſaid other Barons
refuſed to accept of any: Security to be given by the ſaid Proprietors upon re-
ſtitution had of their Goods, for payment of all ſuch Duties as ſhould be made
appear to be made payable to His Majeſty in fich manner as the ſaid Barons
ſhould direct. That the ſaid Sir Thomas Trevor, and other the Barons aforeſaid,
knowing that the ſaid Summs demanded on His Majeſties behalf, by the faid
Officers of the Cuſtoms; not to be due by. Law, did refuſe to order reſtitution
of any part of thoſe Goods (ſo detained as aforeſaid ) to the Proprietors there-
of, unleſs the ſaid Proprietors would depoſite all ſuch Summs of Money as the
ſaid Officers reſpectively demanded of them for pretended Duties to His Ma-
jelty. ; and the faid Proprietors refuſing to depoſite the faid Summs denianded,
the ſaid Sir Thomas Trevor, and other the Barons aforeſaid, did order the ſaid
Officers
+
1
le
.!
HII.
from the Scotch Rebellion to tbe King's Murther.
353
Fulý,
1-6-4 1.
1
U
0
I !
.
...
1
+
Officers to detain double the value of the Sunims by thèm demanded for pretend-
ed Duties to His Majeſty, and to reſtore the reſidue: the ſaid Sir Thomas Tre-
vor, and other the ſaid 'Barons, then knowing that the pretended Summs
demanded by the faid Officers, were not by Law due or payable-to His Ma-
jeſty.
2. That in or about Fanılary 4.Cor. The faid Officers having Seized ſeveral
Merchandiſes of the Goods of Richard Chambers Merchant, upon the
pretences
aforeſaid did detain the ſame; and the ſaid Chambers Proſecuting by plaint to
have his faid Goods Replevied, the ſaid Sir Thomas Trevor, together with
the ſaid other Barons, did in like manner, in the ſaid Court of Exchequer,
declare the ſaid Chambers his Goods not to be Repleviſable, and erijoyned the
Sheriffs of London to proceed no further therein , no cauſe to them appear-
ing of ſuch Seizure or Detainer. And the ſaid Sir Thomas Trevor, and other
the Barons of the ſaid Court, refuſed to order the delivery of the ſaid Cham-
bers his Goods, upon good ſecurity offered by him to pay all ſuch Summs as
hould be made appear
to be due, and for which the ſaid
Goods were pretend-
ed to be detained; and the ſaid Barons being often moved in Court, therein,
did refuſe to order reſtitution of any part of the ſaid Chamber's Goods, untiſ
the 23. of November 5. Carol. and then ordered that the faid Officers ſhould
detain in their hands double the value of the Summs by them demanded, and
reſtitution of the reſidue to be made to the ſaid Chambers, no cauſe of detain-
ing any part of the ſaid Goods to them in any wiſe appearing.
3. That whereas in the Month of October, in the fourth year of His faid Ma-
jeſtie's Reign, the Farmers and Officers of the Cuſtoin-Houſe having Seized great
quantities of Currants, being the Goods of Samuel Vaſſall Merchant, and having
conveyed them into certain Store-Houſes at the Cuſtom-Houſe, and detained
them, becauſe the ſaid Samuel Vafſáll refuſed to payan Impoſition of five Shil-
lings fix Pence upon every Hundred weight of the ſaid Currants pretended to
be due, and demanded by the ſaid Farmers and Officers on His Majeſties behalf
for the ſaid Currants ; whereas no ſuch Impoſition was due or payable for the
ſame, but the ſaid Impoſition was and is againſt the Laws of this Realm.
And whereas alſo in Michaelmas Term, in the ſaid fourth year of His Ma-
jeſties Reign, His Majeſties then Attorney General exhibited an Information
by Engliſh Bill in the Exchequer-Chamber againſt the ſaid Samuel Vafall, ſetting
forth that King James by his Letters Patents Dated the third of November in
the ſecond year of His Reign, did command that the ſaid Impoſition of five
Shillings fix Pence upon every Hundred Weight of Currants ſhould be demand-
ed and received : And that His Majeſty that now is, by His Letters Patents
Dated the fix and twentieth Day of July in the ſecond year of His Reign, did,
by Advice of his Privy Council, declare His Will and Pleaſure to be, that
Subſidies, Cuſtoms, and Impoſts ſhould be Levied in ſuch manner, as they were
Levied in the time of King James ; and the ſame, and the Farniers to continue
until it might receive a ſetling by Parliament, and commanded the Levying
and receiving the ſame accordingly: and that the ſaid Samuel Vaffall before the
firſt Day of O&tober then laſt paſt before the ſaid Information Exhibited, did
bring into the Port of London in Ships, four thouſand ſix hundred thirty eight
hundred weight of Currants, and that Richard Carmarthen, Surveyor in the
faid Port of London, the ſaid firſt day of O&tober demanded of the faid Samuel
Vaſſall the ſaid Impoſition of five Shillings fixPence for every Hundred weight of
the ſaid Currants, and that the ſaid Samuel Vafall refuſed to pay the ſaid Impo-
ſition and unjuſtly detained it from the King. To which Information the ſaid
Samuel Vaſſal appeared, and Pleaded the Statute of Magna Charta, and the
Statute De tallagio non concedendo, and that he was a subject Born under
the King's Allegiance, and a Merchant of London uſing that Trade, and that
the ſaid Summ of five Shillings fix Pence upon every Hundred weight of Cura
rants, was and is malum tolnetum, and not antiqua ſeu reta conſuetudo, and that
it was impoſed without affent of Parliament. To which Plea the faid Attorney
General demurred in Law, and the faid Samuel Vaſſall joyned in demurrer with
him.
Zz
That
1
1
VOL IL
354 An Impartial Collection of all the memorable Events
July,
That, he the ſaid Sir Thomas Trevor, being then and yet one of the Barons
of His Majeſties Court of Exchequer, together with the reſt of the then Ba-
1 6 41.
rons of the ſaid Court, knowing the ſaid Currants to be unlawfully Seized and
detained for the pretended Duty of five Shillings fix Pence impoſition upon
every Hundred weight of the ſaid Currants(whereas no ſuch Impoſition was pay-
able by Law ) did from time to time delay the ſaid Samuel Vafall from having
reſtitution of his ſaid Goods, being often in Court moved therein, with inten-
tion thereby to enforce the ſaid Samuel Vaſſall (by wanting the ſaid Goods,
and the uſe thereof) to pay all ſuch Summs as the ſaid Officers of the Cuſtoms
pretended to be due to His Majeſty, and Impriſoned the ſaid Samuel Vaſſall, be-
cauſe he refuſed to pay ſuch Summs of Money, as were demanded of hin for
the ſaid unlawful Impoſition, and that in Trinity Term in the ſixth year of His
Majeſties Reign, the faid caſe coming to be argued in open Court upon the
demurrer; the fáid Sir Thomas Trevor, contrary to his Oath, and contrary to
the Laws of this Realm, and to the great impoveriſhment of the ſaid Samuel
Vaſſall, did (together with the reſt of thethen Barons of the ſaid Court of Ex-
chequer) give his Opinion and Judgment upon the ſaid Information for the
King, and againſt the ſaid Samuel Vafall, and by ſeveral Orders for that pur-
poſe, did continue the poſſeſſion of the ſaid Goods in the King; and the faid
Samuel Vafjall could never obtain any reſtitution at all of the ſaid Cur-
1
rantsi
1
1
4. Whereas it was commanded to the Sheriff of the County of York, by
Writ under the Seal of His Majeſties Court of Exchequer, Dated the
ſixteenth Day of May, in the ſeventh year of His Majeſties Reign that now is,
That he ſhould diſtrain James Maleverer, Eſquire, to appear before the Barons
of His Majeſties ſaid Court of Exchequer, in the Octaves of the Holy Trinity
then next following, to make fine to the King for his .Treſpaſs and Contenipe
in not coming to the preſence of the King before the 31. Day of January in
the firſt year of His faid Majeſties Reign, to take upon him the Order of
| Knighthood, according to the form of a Proclamation in that behalf formerly
made : at which day of the ſaid Octaves of the Holy Trinity, the ſaid James
Maleverer did appcar, and pleaded to the faid Writ, that although His faid
Majeſty the ſaid 3.1. Day of January, and for three days next before the ſaid
31. Day of January, was reſident and remaining at His Palace at White-Hall
in the County of Middleſex, and that the ſaid James Maleverer the ſaid 31.
Day of January, and three days next before the faid one and thirtieth Day of
January, was reſident and remaining at Ancliffe in the ſaid County of York,
which is diſtant from the ſaid Palace of White-Hall the ſpace of one hundred
and four-ſcore Miles; and that the ſaid James Maleverer the ſaid one and thir-
tieth Day of January aforeſaid, or at any time before, had no Lands or Rents
in his own hands, or in the hands of Feoffees to his uſes, out of the ſaid Coun-
ty of Tork; and that that part of the faid County of Tork, which is neareſt
to the ſaid Palace of White-Hall
, the ſpace of one hundred and thirty Miles
and that no Proclamation, by vertue of any Writ or Proclamation, for the
appearance of any perſons whatſoever, to take the ſaid Order of Knighthood,
was made in any part of the ſaid County of York before the thirtieth Day of
January in the ſaid firſt year of His Majeſties Reign, by reaſon whereof the
ſaid James. Maleverer could not perſonally come to the preſence of His faid Ma-
jeſty, to take the ſaid Order of Knighthood before the faid one and thirtieth
Day of January in the ſaid firſt year of His faid Majeſties Reign : yet the ſaid
James Maleverer for his Fine in the Premiſes, did humbly ſubmit himſelf to the
faid Court, and demanded to be diſcharged of the ſaid Illues, returned and
impoſed upon him: by reaſon of the Premiſſes ; yet notwithſtanding the ſaid
Plea and Subniiſſion of the ſaid James Maleverer, and after the ſame was made
as aforeſaid, and entred-upon Record in His Majeſties ſaid Court of Exchequer,
and the ſaid Court moved for ſtay of the Proceſs, and diſcharge of the Illues,
the ſaid Sir Tbomas Trevor, being then one of the Barons of the ſaid Court of
Exchequer, contrary to his
Oath, and contrary to the Laws of this Realm; and
to the great Impoveriſhing the of ſaid James Maleverer,did(together with
the reſt
of the then Barons of the ſaid Court) refuſe to Impoſe any Fine whatſoever up-
1
g
1
1
1
+
+4
on
1
from the Scotch Rebellion to the King's Mårtber
. 355
HAI
on the ſaid James Malverer, and told him that the ſaid Court had no Power to
July,
Fine him, and that the muſt Compound with certain Commiſſioners for that pur- 1641.
poſe appointed. And did farther order and direct ſeveral other Writs of Diſtrin-lud
gas, to iſſue forth of His Majeſtie's ſaid Court of Exchequer, under the Seal of the
faidCourt,directed to the ſeveral High Sheriffs of the ſaid County of York;where-
by the ſaid Sheriffs were commanded further to diftrain the ſaid James Maleve-
rer to appear as aforeſaid; upon which ſaid Writs of Diſtringas ſeveral great and
exceſſive iſſues were returned upon the Lands of the ſaid James Maleverer
amount-
ing to the Summ of two thouſand Pounds, or thereabouts; a great part whereof,
the faid James Maleverer was enforced to pay ; and in like manner the ſaid Sir
Thomas Trevor ( together with the reſt of the then Barons of the ſaid Court of
Exchequer) did order and direct ſuch and the like unjuſt and undue proceedings;
and the ſaid proceedings were had and made accordingly againſt Thomas Moyfer
Eſquire, and againſt ſeveral other Perſons His Majeſties Subjects in ſeveral
parts
of this Realm, to the utter undoing of many of them.
5. That he the ſaid Sir Thomas Trevor about the Month of November Anno
Domini 1635. then being one of the Barons of His Majeſties Court of Ex-
chequer, and having taken an Oath for the due Adminiſtration of Juſtice to
His Majeſtics Liege People, according to the Laws and Statutes of this Realm,
ſubſcribed his Name to an Opinion in hæc verba: I am of Opinion, &c. ut fua
prà in Baron Davenport's Charge.
6. That in or about the Month of February, Anno Dom. 1636. the faid Sir
Thomas Trevor (being then one of the Barons of the ſaid Court of Exchequer)
ſubſcribed an Extrajudicial Opinion, in anſwer to Queſtions in a Letter from his
Majeſty, in hæc verba
“ Charles R. When the Good and Safety of the Kingdom in general is Con-
“ cerned,&c. ut fuprà, Subſcribed ut pris.
.
7. That the ſaid Sir Thomas Trevor (being then one of the Barons of his Ma-
jeſties Court of Exchequer) did deliver his Opinion and Judgment in the Exche-
quer-Chamber againſt Fohn Hampden Efq; in the Caſe of Ship-Money, That he
the ſaid John Hampden upon the matter and ſubſtance of the caſe was chargeable
with the Money then in question : a Copy of which Proceedings and Judgment
he Commons in this preſent Parliament have already delivered to your Lord-
ſhips.
8. That whereas in the Month of April, 16 Caroli, the Officers of the Cu-
ſtome-Houſe having feiſed a Ship of one Samuel Warners, laden with Tobacco,
being the Goods of the ſaid Warner, the Bulk of the ſaid Ship not being broken,
and no Information exhibited for the King, according to the courſe of the Exche-
quer for any Duty, the Barons were moved that the ſaid Ship might be reſtored
to the Proprietor, giving Security to pay ſuch Duties as did belong to the
King : But upon the Allegation of the King's Attorney, that there needed no
Information, becauſe there was no Penalty, the ſaid Sir Thomas Trevor (being
then one of the Barons of His Majeſties Court of Exchequer, together with the
reſt of the then Barons of the ſaid Court ) did( contrary to his Oath, and con-
trary to the Laws of this Realm ) deny the reſtitution of the ſaid Ship, unleſs
all the Duties demanded by the farmers of the Cuſtom-Houſe were firſt paid.
Hereupon the ſaid Warner brought an Action of Trover upon the Caſe, in the
Office of Pleas in the Exchequer, againſt the ſaid Officers that ſeized his Ship
and Goods; whereupon the King's Attorney General exhibited an Information
by Engliſh Bill in the Exchequer Chamber, againſt the ſaid Warner, ſetting forth
that Cuſtoms and Subſidies upon Merchandize, were a great part of the King's
Revenue, and payable to him; and that the ſaid Ship was ſeized for non-pay-
ment of the aforeſaid Duties." Notwithſtanding the ſaid Warner the Proprie-
tor proſecuted the Officers upon a Suit at Law, and prays that he may Anſwer
the ſaid Information before any further Proceedings be had at Law. There-
upon the ſaid Sir Thomas Trevor, together with the reſt of the then Barons of
the
VOL. II.
Z z 2
+
2
1
July,
I 641.
348 An Impartial Colle&tion of all the memorable Events
the ſaid Court of Exchequer, ordered that the Proprietor moving for delivery
of his ſaid Goods, ſhould firſt anſwer to the Information: after which the ſaid
Warner demurred to the ſaid Information, in regard no Title
' for any certain
Duty was ſet forth by the Information; which Demurrer yet remains not over-
ruled : But the ſaid Sir Thomas Trevor ( with the ſaid other Barons), without
over-ruling the Demurrer, ordered ( becauſe Warner had put in a Demurrer,
and not anſwered to the ſaid Information ) that he ſhould not proceed upon the
Action of Trover. The Proprietor being thus prevented of his remedy by
A&tion at Law, ſued forth a Replevin, and ( upon Pretence of viewing the
ſaid Goods ) cauſed them to be brought forth of a Cellar, hired by a Deputy
of the Farmers to that uſe: and being brought forth, they were taken by the
Sheriffs of London, by vertue of the ſaid Replevin ; and upon Oath made of
the manner of the taking, as aforeſaid, before the Barons, and upon view of
the Preſident,in Rolls his Cafe; the ſaid Sir Thomas Trevor, with the ſaid other
Barons, adjudged that the ſaid Goods were not repleviſable, and granted en
Injunction to maintain the Poſſeſſion of them, as they were before.
And the ſaid Houſe of Commons by Proteſtation ſaving to themſelves only
the Liberties of Exhibiting, at any time hereafter, any other Accuſation or Im-
peachment againſt the ſaid Sir Thomas Trevor, and alſo of replying to the An-
ſwer that he the ſaid Sir Thomas Trevor ſhall make unto the ſaid Articles, or any
of them, or of offering proof of the Premiſſes, 6c.
il
-
/
1
:
1
The Articles againſt Mr. Baron Weſton were theſe :
Articles of
Impeachment
againſt Baron
Weſton July 6.
1641.
Articles of the Houſe of Commons, in the name of themſelves, and all the Commons of
England, againſt Sir Richard Wefon Knight, one of the Barons of His Majeſties
Court of Exchequer, Impeaching him as followeth.
+
I.
T
Hat the ſaid Sir Richard Weſton about the Month of November, Anno Domini
1635. Then being one of the Barons of His Majeſties Court of Exchequer,
and having taken an Oath for the due adminiſtration of Juſtice to His Majeſties Liege
People, according to the Laws and Statutes of this Realm, ſubſcribed his name to
an Opinion in hæc verba : I am of Opinion , &c. ut fuprà in Sir Robert Berkley's
Charge.
J
.
2. That in or about the Month of February Anno Dom. '1636. the ſaid Sir Ri.
chard Weſton (being then one of the Barons of the ſaid Court of Exchequer) ſubfcri-
bed an extrajudicial Opinion, in anſwer to Queſtions in a Letter from His Majeſty, in
bæc verba.
1
Charles R. When the good and ſafety.of the Kingdom in gencral is concerned,
&c. ut ſupra.
3.
That the ſaid Sir Richard Weſton ( being then one of the Barons of His Ma-
jeſties Court of Exchequer) did deliver his Opinion and Judgment in the Exche-
quer-Chamber againſt Fobn Hampden Eſquire in the Caſe of Ship-money, That he
the ſaid Fobn Hampden &c. as in Judge Crawley's Charge.
4. That whereas in the Month of April 16. Caroli the Officers of the Cuſtom-
Houſe having Seized a Ship of one Sam. Warners, Laden with Tobacco, being the
Goods of the ſaid Warner, the Bulk of the ſaid Ship not being broken, and no infor-
mation Exhibited for the King, according to the courſe of the Exchequer for any
duty, the Barons were moved that the ſaid Ship might be reſtored to the Proprietors,
giving Security to pay fuch Duties as did belong to the King : But upon the allega-
tion of the Kings Atcorney, that there needed no information, becauſe there was
no Penalty, che ſaid Sir Richard Welton (being then one of the Barons of His
Majeltics Court of Exchequer, together with the reſt of the then Barons of the ſaid
Court ).did (contrary to his Oath, and contrary to the Laws of this Realm ) deny
the refitution of the ſaid Ship, unleſs all the Duries demanded by the Farmers of the
Cuſtom-Houſe were firſt paid. Hereupon the ſaid Warner brought an Action of
Trover upon the Caſe in the Office of Pleas in the Exchequer, againſt che laid Officer
that
1
!
1
rithe
from the Scotch Rebellion to the Kings Murther. 349
1
July,
1641.
an
1
that Seized his Ship and Goods; whereupon the Kings Attorney General cxhibited
information by Engliſh Bill in the Exchequer-Chamber againſt the ſaid Warner,
ſetcing forth the Cuſtoms and Subſidics upon Merchandiſe were a great part of the
Kings Revenue, and payable to him; and that the ſaid Ship was Seized for non-
payment of the aforeſaid Duties. Notwithſtanding the ſaid 1 arner the Proprietor
Proſecuted the Officers upon a Suit at Law, and prayes that he may anſwer the faid
Information beforcany further proceedings be had at Law. Thereupon the ſaid Sir
Richard Weston, together with the reſt of the then Barons of the ſaid Court of Ex-
chequer ; ordered that the Proprietor moving for delivery of his ſaid Goods,ſhould
firſt anſwer to the Information: after which the laid Warner dumurred to the ſaid
Information, in regard no Title for any certain dury was ſet forth by the•Informa-
tion; which demurrcr yet remains not over-ruled : But the ſaid Sir Richard IVeton
(with the ſaid other Barons) without over-ruling the demurrer, ordered becauſe
Warner had put in a demurrer, and not anſwered to the ſaid Information ) that he
ſhould not proceed upon the Action of Trover. The Proprietor being thus preven-
ted of his remedy by Action at Law, ſued forth a Replevin, and (upon pretence of
viewing the ſaid goods ) cauſed them to be brought forth of a Collar hired by a
Deputy to the Farmers to that Uſe: and being brought forth, they were taken by
the Sheriffs of London by vertuc of the ſaid Replevin ; and upon Oath made of the
manner of the taking as aforeſaid before the Barons, and upon view of the Preſident
in Rolls his Caſe: the ſaid Sir Richard Westor with the ſaid other Barons, adjudged
that the ſaid Goods were not repleviſable, and granted an injunction to maintain the
poſſeſſion of them as they were before.
And the ſaid Houſe of Commons by Proteſtation ſaving to themſelves only the
Liberties of Exhibiting, at any time hereafter any other Accuſation or Impeachment
againſt the ſaid Sir Richard Wejton, and alſo of replying to the anſwer &c.
Upon the Impeachment of Mr. Juſtice Crawley, Mr. Waller ſpoke as
followeth:
My Lords,
Am Commanded by the Houſe of Commons, to preſent you with
theſe Articles againſt Maſter Juſtice Crawley, which when your Mr. Wallerºs
Lordſhips ſhall have been pleaſed to hear read, I ſhall take leave (ac- Specchi at the
cording to Cuſtome) to ſay ſomething of what I have collected from of Mr. Juttice
the Senſe of that Houſe concerning the Crimes therein contained. Crawley, July 6.
T
CC
OC
1641.
Here the Charge was read containing his Extrajudicial Opinions fub-
ſcribed, and Judgment given for Ship-Money; and afterward a
declaration in his Charge at an Aſſize, That Ship-Money was ſo in-
berent a Right in the Crown, that it would not be in the Power of
a Parliament to take it away.
MI
CC
T Lords, Not only my Wants, but my Affections render me
leſs fit for this Employment: for though it has not been my
happineſs to have the Law a part of my Breeding, there is no man
“ Honours that Profeſſion more; or has a greater Reverence towards the
grave Judges, the Oracles thereof. Out of Parliament all our Courts
of Juſtice are governed or directed by them; and when a Parliament
is calld, if your Lordſhips were not aſſiſted by them, and the Houſe
of Commons by other Gentlemen of that Robe; Experience tells us
it might run a hazard of being ſtyled, Parliamentum indoctorum. But
all Profeſſions are obnoxious to the Malice of the Profeſſours.and by
“ them moſt caſily betrayed, fo (my Lords) theſe Articles have told you
" how theſe Brothers of the Coyf are become fratres in mala; how theſe
Sons of the Law have torn out the Bowels of their Mother: But this
“ Judge
C
as
(C
1
+
i
CC
CC
(
CC
C6
Cc
1.
358 An Impartial Collection of all the memorable Events
July, Judge (whoſe Charge you laſt heard) in one Expreſſion of his excells
1 641.
no leſs his Fellows,then they have done the worſt of their Predeceſſors,
in this Conſpiracy againſt the Common-wealth. Of the Judgment
for Ship-Money, and thoſe Extrajudicial Opinions preceding the ſame
(wherein they are joyntly concerned) you have already heard ; how
unjuſt and pernicious a proceeding that was in fo publick a Cauſe, hias
been fufficiently expreſſed to your Lordſhips; But this Man, adding
Deſpair to our Miſery tells us from the Benclı, That Ship-Money was a
Right ſo inherent in the Crown, that it would not le in the power of an
Ači of Parliament to take it away. Herein (my Lords) he did not
only give as deep a Wound to the Common-wealth as any of the reſt,
bút dipt his dart in ſuch a poyſon, that ſo far as in lim lay it might
never receive a cure. As by thoſe abortive Opinions ſubſcribing to
the Subverſion of our Propriety, before he leard what could be ſaid
for it, he prevented his own, ſo by this declaration of his, he endea-
vours to prevent the Judgment of your Lordſhips too, and to con-
“ fine the power of a Parliament, the only place where this Miſchief
might be redreſt: Sure he is more Wiſe and Learned, than to believe
himſelf in this Opinion,or not to know how ridiculous it would
appear
to a Parliament, and how dangerous to himſelf; and therefore no
« doubt but by ſaying no Parliament could aboliſh this fullgment, his
meaning was, That this Judgment had aboliſl’t Parliaments.
This Impoſition of Ship-Money ſpringing from a pretended necef-
ſity, was it not enough that it was now grown annual, but he muſt
“ intail it upon the State for ever, at once making Neceſſity inherent to
the Crown, and flavery to the Subject : Neceſſity, which diſſolving
all Law, is ſo much more prejudicial to his Majeſty, than to any
by how much the Law has inveſted his Royal State with a grea-
ter power, and ampler fortune ; for ſo undoubted a truth it has ever
been that Kings as well as Subjects are involved in the confuſion whiclı
neceſſity produces, that the Heathen thought their Gods alſo obliged
by the ſame, Pareamus neceſſitati, quam nec homines nec Dii ſuperant :
This Judge then having in his Charge at the Aſize declared the diſſolu-
“tion of the Law by this ſuppoſed Neceſſity, with whatConſcience could
he at the ſame Aſlize proceed
to condemn and puniſh men,unleſs perhaps
" he meant the Law was ſtill in force for our deſtruction, and not for
our preſervation, that it ſhould have power to kill, but none to pro-
tect us, a thing no leſs horrid then if the Sun ſhould burn without light-
ing us, or the Earth ſerve only to bury, and not to feed and nouriſh
us. But (my Lords) to demonſtrate that this was a ſuppoſititious im-
poſed neceſſity, and ſuch as they could remove when they pleaſed, at
“ the laſt Convention in Parliament, a price was ſet upon it, For Twelve
“Subſidies you ſhall reverſe this Sentence ; It may be ſaid that ſo much
Money would have removed the preſent neceſſity, but here was a Rate
“ ſet upon future neceſſity, For Twelve Subſidies you ſhall never ſuffer
necellity again, you ſhall for ever aboliſh that Judgment; Here this
myſtery is revealed this vifour of neceſſity is pulled off
, and now it ap-
pears that this Parliament of Judges had very frankly and bountifully
preſented his Majeſty with Twelve Subſidies to be levyed on your
Lordſhips, and the Commons: Certainly there is no Priviledg which
more properly belongs to a Parliament, then to open the Purſe of the
Subject; and yet theſe Judges, who are neither capable of Sitting
among us in the Houſe of Commons, nor with your Lordſhips, other-
of us,
CC
(C
CC
C
(C
06
(C
wiſe
31
06
CC
CC
CC
(C
66
(C
CC
(6
(C
!
1
+
4
from the Scotch Rebellion to the King's Murther. 359
wife then as your aſſiſtants, have, not only aſſumed to themſelves this
Fuly:
priviledg of Parliament, bur preſumed at once to make a Preſent to
I. 6.41
" the Crown of all that either your Lordſhips or the Commons of England
do, or ſhall hereafter poſſeſs.
" And becauſe this man has had the boldneſs to put the power of Par-
liament in ballance with the Opinion of the Judges, I ſhall entreat
your Lordſhips to obſerve by way of compariſon, the folemn and ſafe
proceeding of the one, with the precipitate diſpatch of the other : In
Parliament ( as your Lordſhips know well ) no new Law can paſs,
or old be abrogated, till it has been thrice read with your Lordſhips,
thrice in the Commons Houſe, and then it receives the Royal Aſſent,
ſo that 'tis like Gold feven times purified; whereas theſe Judges by
this one Reſolution of theirs would perſwade his Majeſty, that by na-
ming Neceſſity, he might at once diffolve, at leaſt ſuſpend, the Great
Charter, 32 times confirmed by his Royal Progenitors; the petition
of Right, and all other Laws provided for the maintenance of the
Right and Propriety of the Subject: A ſtrange Force, my Lords in the
“ found of this word Necellity, that like a Charm it ſhould ſilence the
Laws, while we are deſpoyled of all we have: for that but a part of
our Goods was taken,is owing to the Grace and Goodneſs of the Ring;
“ for ſo much as concerns theſe
Judges, we have no more left then they
perhaps may deſerve to have, when your Lordſhips ſhall have paſſed
Judgment upon them. This for the neglect of their Oatls, and be
traying that Publick Truſt, which for the Conſervation of our Laws
was repoſed in them.
Now for the cruelty and unmercifulneſs of this Judgment: You may
pleaſe to remember, that in the Old Law they were forbid to feech a
Kid in his Mother's milk ; of which the received Interpretation
“That we ſhould not uſe that to the deſtruction of any Creature, which
was intended for its preſervation. Now, my Lords, God and Nature
“have given us the Sea as our beſt guard againſt our Enemies, and our
Ships as our greateſt Glory above other Nations; and how barbarouf-
ly would theſe men have let in the Sea upon us, at once to waſh
away our Liberties, and to overwhelm, if not our Land, all the Pro-
priety we have therein ; making the ſupply of our Navy, a pretence
for the ruine of our Nation. For obſerve, I beſeech you, the fruit and
conſequence of this Judgment, how. this mony. hath proſpered, how
contrary an effect it hath had to the end for which they pretended
to take it : On every County a Ship is Annually impoſed, and.iwhò
" would not expect, but our Seas by this time ſhould be covered with
the number of our Ships Alas, my Lords, the daily Complaints: of
the decay of our Navy tell us how ill Ship-mony hath maintained the
Sovereignty of the Sea ; and by the many Petitions which we receive
from the Wives of thoſe miſerable Captives at Algier (being between
« Four and Five Thouſand of our Countrey-men ) it does too evidentlý
appear
that to make us flavės at home, is not the way to keep us from
being made Naves -abroad; ſo far has this Judgment been from relie-
ving the preſent, or preventing the future neceſſity, that as it changed
our real Propriety into the ſhadow of a Propriety, fo of a feignied, it has
made a real neceſſity.
A little before the approach of the Gauls to Rome, while the Ro-
mans had yet no apprehenſion of that danger, there was heard a voice
in the Air, louder than ordinary, The Gauls are come ; which voice,
after
1
CC
(6
CC
T
C
uc
LC
1
4
6
16
+
360
füly,
1 6 4 1.
4
.66
6C
66 9
C
6
cc
;
(C
An Impartial Collection of all the memorable Events
« after they had fack't the City, and beſieged the Capitol, was held ſo
« ominous, that Livie relates it as a Prodigy. This Anticipation of ne-
ceſſity ſeems to have been no leſs-ominous to us : Theſe Judges, like ill
boading Birds have call'd neceſſity upon the State in a time when,
s6 I dare fay, they thought themſelves in greateſt ſecurity'; but if it ſeem
ſuperſtitious to take this as an Omen, ſure I am, we may look on it
as a Cáuſe of the unfained neceſſity we now ſuffer, for what regret
and diſcontent had this Judgment bred among us ? And as when the
Noiſe and Tumult in a private houſe grows ſo loud as to be heard in-
to the Streets
, it calls in the next Dwellers, either kindly to appeaſe
,
or to make their own uſe of the Domeſtick ſtrife ; ſo in all likelihood
our known diſcontents at home have been a concurrent cauſe to invite
our Neighbours to viſit us ſo much to the expence and trouble of both
5 tlieſe Kingdoms.
5. And here, My Lords, I cannot but take notice of the moſt fad ef-
C:fect of this Oppreſſion; the ill influence it has had upon the Ancient
Reputation and Valour of the Engliſh Nation : And no wonder, for
Kiif it be true Oppreſſion makes a Wiſe-man Mad, it may well ſuf-
spend the courage of the Valiant : The ſame happened to the Romans
when for renown in Arms they moſt excell'd the reſt of the World
the:Story-is but ſhort: 'Twas in the time of Decemviri ( and I think
the chief troublers of our State may make up that number:) The
Decemviri, My Lords, had Subverted the Laws, Suſpended the Courts
of Juſtice, and which was the greateſt grievance both to the Nobi-
“ lity and People ) had for ſome years omitted to Aſſemble the Senate,
se whicli was their Parliament: This
, ſays the Hiſtorian, did not only
deject the Romans, and make them deſpair of their liberty, but cauſed
them to be leſs valued by their Neighbours : The Sabines take the ad-
Svantage and invade them ; and now the Decemviri are forced to call
$s the long deſired Senate, wliereof the People were ſo glad, that Hoſti-
bius belloque gratiam habuerunt : This Aſſembly breaks up in diſcon-
". tent; nevertheleſs the War proceeds, Forces are raiſed, led by ſome
“of the Decemviri, and with the Sabines they meet in the field: I know
your Lordships expect the Event; my Author's words of his Coun-
try-men are thoſe, Ne quid ductu aut aufpicio Decemvirorum profperè
gereretur, vinci feipatiebantur, They choſe rather to ſuffer a preſent
Diminution of:Honour, then by: Victory to confirm the Tyranny of
16. their new Maſters. At their return from this unfortunate Expediti-
on after ſome Diſtempers and Expoftulations of the People, another
Senate, that is a ſecond Parliament, is called, and there the Decemviri
5 are queſtioned, deprived of their Authority, impriſoned, baniſhed, and
Sf/ſome loſe their lives, and ſoon after this Vindication of their Liber-
“ ties; the Romans by their better Succeſs made it appear to the World,
Sthat:Liberty and Courage dwell always in the fame Breaſt, and are ne-
avec to be Divorcedoria
can't No doubt; Myi Lords; but your Juſtice. Thall have the like effect
Silapon this diſpirited people.; tis not the Reſtauration of our Ancient
Laws alone; bit the Reſtitution of our Ancient Courage, which is ex-
Aspected from your Lordſhips : I need not ſay any thing to move
your
juſt indignation, that this Man ſhould fo cheaply give away that which
your Noble Anceſtors with ſo much Courage, and Induſtry had ſo long
maintained: You have often been told how careful they were
, though
with the hazzard of their Lives and Fortunes, - to derive thoſé Rights
འསཾs
and
1
و رانا
6.
.
1
pelaginu
"
1
M
1
,
361
July,
1 641.
CG
LP
1
1
(C
CC
1
។
from the Scotch Rebellion to the King's Murtber.
" and Liberties as entire to Poſterity as they received them from their
Fathers; what they did with labour you may do with eaſe, what
they did with. danger you may do ſecurely, the Foundation of our
Laws is not ſlaken with the Engine of War, they are only blaſted
“ with the breath of theſe men, and by our breath may be reſto-
“ red.
“What Judgments your Predeceſſors have given, and what puniſh-
ments their Predeceſſors have ſuffered for offences of this nature, your
Lordſhips have already been ſo well informed, that I ſhall not trouble
you' with the repetition of thoſe Precedents : Only, iny Lords, ſome-
thing I ſhall take leave to obſerve of the perſon with whoſe Charge I
“ have preſented you, that you may the leſs doubt of the wilfulneſs of
« his offence.
“His Education in the Inns of Court, his conſtant practice as a Coun-
cellor, and his experience as a Judge ( conſidered with the iniſchief he
has done ) makes it appear that this progreſs of his through thc Law,
hath been like that of a diligent Spie through a Country, into which
he meant to conduct an Enemy.
To let you
ſee he did not offend for company, there is one Crime
ſo peculiar to himſelf
, and of ſuch malignity , that it makes him
at once uncapable of your Lordſhips fav our, and his own ſub-
“ fiſtence incompatible with the right and propriety of the Subject :
“ for if you leave him in a capacity of interpreting the Laws, hath he
pot already declared his opinion, That your Votes and Reſolutions
againſt Ship-mony are void, and that it is not in the power of a Par-
“ liament to aboliſh that Judgment. To him, My Lords, that hath
thus plaid with the Power of Parliament, we inay. well apply what
was once ſaid to the Goat browſing on the Vine,
Røde, caper, vitem ; tamen hinc cùm ſtabis ad aras
In tua quod fundi cornua polit, erit.
+
(C
C6
C6
CC
<C
.
.
***
I
.
1
C
“ He liath cropt and infring’d the priviledges of a baniſlı'd Parliament,
“but now it is returned, he may find it has power enough to make a
facrifice of him, to the better eſtabliſhment of our Laws: And in truth
what other ſatisfaction can he make his injur’d Country, then to con-
firm by his example thoſe Rights and Liberties which he had ruined
by his opinion:
“For the proofs, My Lords, they are ſo manifeſt, that they will give
you
little trouble in the diſquiſition ; his Crimes are already upon
Record, tlie Delinquent and Witneſs are the ſame; having from ſeveral
“ ſorts of Judicature proclaimed himſelf an Enemy to our Laws and Nati-
on, Ex ore ſuo judicabitur. To which purpoſe I am Commanded by the
Knights, Citizens andBurgeſſes of
the Houſe of Commons to deſire your
"Lordſhips that as ſpeedy a proceeding may be had againſt Mr. Juſtice
Crawley as the Courſe of Parliament will permit.
't
!
1
I
The Articles againſt Mr. Juſtice Crawley were theſe.
2
4
1
Vol. II.
Ааа
Articles
1
1
11
I 641.
I.
The Articles
of Inspeach-
ment againſt
ley.
:
S
362 An Impartial Colle&tion of all the inemorable Events
July, Articles of the Houſe of Commons in the Name of themſelves, and off
all the Commons of England, againſt Sir Francis Crawley, Knight,
one of the Juſtices of His Majeſties Court of Common-Pleas, im-
peaching him as followeth.
TI
Hat he about the Month of November, Anno 1635. then being
one of the Fuſtices of the Court of common-Pleas, and having ta
Judge Čram ken an Oath for the due Adminiftartion of Juſtice to His Majeſties Liege
People, according to the Laws and Statutes of this Realm, ſubſcribed an
Opinion in hæc verba : [ I am of Opinion, That as where the benefit doth
more peculiarly. redound to the good of the Ports, or Maritime Parts,
(as in caſe of Piracy or Depredations upon the Seas ) there the Charge
hath been, and may be lawfully impoſed upon them, according to Pre-
ſidents of former Times; ſo where the good and ſafety of the Kingdom in
general is concerned, and the whole Kingdom in danger, (of which His
Majeſty is the only fudge ) there the charge of the Defence ought to be
born by all the Realm in general : This I hold agreeable both to Law and
Reaſon. ]
2. That he, in or about the Month of February, Anno 1636. Then
being one of the Juſtices of the ſaid Court of Common-Pleas, ſubſcribed an
extrajudicial Opinion, in anſwer to Queſtions in a Letter from His Ma-
jeſty, in hæc verba, ut fupra in the Articles against Judge Berk-
ley.
3. That be then being one of the Justices of the ſaid Court of Com-
mon-Pleas, delivered an Opinion in the Exchequer Chamber againſt John
Hampden, Eſquire, in caſe of Ship-Money; that he the ſaid John Hamp-
den, upon the matter and ſubſtance of the caſe, was chargable with the
Money then in Queſtion ( a Copy of which Proceedings and Judgment, the
Commons of this preſent Parliament have already delivered to your
Lordſhips.)
:
1
1
.
4.
1
ci
1
That he then being one of the Juſtices of the ſaid Court of Comimon-
Pleas declared and publiſhed in the Exchequer Chamber-in Weſtminſter,
and the Circuit where he went Judge, Tliat the Kings Right to Ship-Mo-
ney was ſo inherent a Right in the Crown, as an Act of Parliament could
not take it away. And with divers malicious Speeches inveighed againſt,
threatned and diſcountenanced ſuch as refuſed to pay Ship-Money. All
which Opinions and Judgments contained in the firſt, ſecond and third Ar-
ticles are deſtructive to the Fundamental Laws of this Realm, the Sub-
jects right of Property, and contrary to former Reſolutions in Parliament
,
and to the Petition of Right, which ſaid Reſolutions and Petitions of Right
were well known to him.
And tbe ſaid Commons by: Proteſtation, ſaving to themſelves only the
Liberties of exhibiting at any time hereafter, any other Accuſation or Im-
peachment againſt the Said Sir Francis Crawley, and alſo of replying to
the Anſwer, that be the ſaid Sir Francis Crawley ſhall make unto the
Said Articles, or any of them, or of offering Proof of the Premiſes, or of
any of their Impeachments or Accuſations that ſhall be exhibited by then,
as the caſe ſhall according to the Courſe of Parliaments require; Do pray
that the ſaid Sir Francis Crawley, one of the Justices of the ſaid Court of
Common-Pleas, may be put to anſwer to all and every the Premiſles.; and
that
2
t
T
9
14
2
.
be
I 6 4 I!
1
I.
:!
T
Term, he again remitted him to Priſon. And he the ſaid Sir John Brampſton
about the ninth of July after, at his Chamber in Serjeants-Inn, being deſired by
for that he the ſaid Jenings had entred into a Bond of 1oool. to appear before the
Lords of the Council the next Michaelmas Term after, and to attend de die in
from the Scotch Rebellion to the King's Murther.363
that ſuch Proceedings, Examinations, Tryals and Fudgments, may uport | July,
every one of them had and uſed, as is agreeable to Law and Juſtice.
The Articles of Impeachment againſt Sir John Bramſton Knight, Lord
Chief Juſtice of the Court of Kings-Bench, were as follow.
Articles of the Houſe of Commons, in the name of themſelves and all the Commons of The Articles
England, againſt Sir John Brampſton Knight", Lord Chief Juſtice of the of Impeach-
ment againſt
Court of Kings Bench, Impeaching him as followeth.
Sir Joba Bramp
fton Lord Chief
"Hat the ſaid Sir John Brampſton, then being Lord Chief Juſtice of the Juſtice of the
Court of Kings Bench, and having taken an Oath for the due Admi- Kings Bench.
niſtration of Juſtice to His Majeſties Liege People, according to the Laws and
Statutes of this Realm, did, on or about the laſt of November 1635. Subſcribe
his Name to an Opinión, in hac verba :
I am of Opinion, that as where the benefit doth more peculiarly redound to the good
of the Ports or Maritime parts ( as in caſe of Pyracy or Depredations upon the Seas
there the Charge hath been, and may be lawfully Impoſed upon them, according to
Preſidents of former times;fo where the
good and ſafety of the Kingdom in General is cona
ed, and the whole Kingdom in danger of mhich His Majeſty is the only Judg ) there
thé. Charge of the defence ought to be born by all the Realm in General. This I hold
agreeable both to Law nnd Reaſon. ]
2. Thathe the ſaid Sir John Brampton, then being Lord Chief Juſtice of the
Court of Kings Bench, about the Month of February 1635. did Subſcribe an
extrajudicial Opinion in anſwer to queſtions in a Letter from His Majeſty ut fupra
in the Articles againſt Sir Robert Berkley.
Which ſaid Opinions contained in the firſt and ſecond Articles are deſtructive
to the Fundamental Laws of this Realm, the Subjects right of Propriety, and con-
trary to former reſolutions in Parliament, and to the Petition of Right.
3. That he the ſaid Sir John Brampton, then Lord Chief Juſtice of the Court
of Kings Bench, about Trinity Term 1637. refuſed to Bailor Diſcharge Alex-
ander Jenings:Priſoner in the Fleet, brought by Habeas Corpus to the Barr before
him, the return of this Commitment being two ſeveral Warrants from the Lords
of the Council, Dated the fifth of November 1635. the firſt expreſſing no cauſe,
the other for not paying Meſſengers Fees; and until he ſhould bring Certificate
that he had paid his Afleſment for Ship-money in the County of Bucks: And the
ſaid Sir John Brampton, the firſt Warrant being only read then ſaid, The cauſe of
his Commitment did not appear; and that it mu- not fit for every Goaler to be made ac-
quainted by the Lords of the Council why they Committed, and therefore Remitted
him. And in Michaelmaſs Term after, the ſaid Jenings being brought by ano-
ther Habeas Corpus, as aforeſaid, and the ſame returned, yet he the ſaid Sir John
Brampſton refuſed to Diſcharge or Bail him, but remitted him. And in Eaſter
Term next, after ſeveral Rules for His Majeſties Council to ſhew cauſe why he
the ſaid Jenings ſhould not be Bailed, a fourth Rule made for the ſaid Jenings,
to let His Majeſties Attorney have notice, which notice was given accordingly,
yet he remitted him. And the ſaid
Jenings by another Habeas Corpus brought to
the Barr, as aforeſaid, in Trinity Term after, and the ſame return with the ad-
dition of a new Commitment of the fourth of May 1638. ſuggeſted, that he the
ſaid Jenings had uſed divers ſcandalous words in derogation and diſparagement
of his Majeſties Government: After ſeveral Rules, in the end of the ſaid Trinity
1
.
1
4
diein
.
; yet the ſaid Sir John Brampſton refuſed to diſcharge the ſaid Jenings until
he entred.into Recognitance to appear the next Term, and in the mean time to
be of his good behaviour. And the faid Fenings was continued on his ſaid Re-
cogniſance
.
Ааа 2
1
I 6 4 Ij
1
1
H
CC
1
i
364 An Impartial Collection of all the memorable Events
Fuly,
cogniſance till Eafter Term after. And the ſaid Sir John Brampſton did on the
fifth of June 1640. deferr to grant His Majeſties Writ of Habeas Corpus for
Samuel Danvers and William Pargiter Eſquires, Priſoners in the Gate-Houſe and
in the Fleet; and when he had granted the ſaid Writ the ſaid eighth Day of June
after the return, being the Order of the Council-Table, not expreſſing any cauſe,
he the ſaid Sir John Brampſton deferred to. Bail the ſaid Pärgiter. And the
eighteenth of June after, made a Rule for a new return to be received, which
was returned the five and twentieth of the faid June, in hac verba.
"Whereas His Majeſty finding that His Subjects of Scotland have in Rebel-
" lious and Hoſtile manner Aſſembled themſelves together, and intend not on-
ly to ſhake off their obedience unto His Majeſty, but alſo as Enemies to In-
“ vade and Infeſt this His Kingdom of England, to the danger of His Royal
“ Perſon, &c.
For prevention whereof, His Majeſty hath by the Advice of His Council-
Board, given ſpecial Commandment to all the Lord Lieutenants of all the
Counties of this Realm, with expedition to Arm and Array a certain number of
able Men in each County, to be prepared ready to be conducted to ſuch places as
ſhould be appointed for their Rendezvouz, in their ſeveral and reſpective Coun-
ties, there to be conducted and drawn together in a Body for this Service.
And whereas His Majeſty, according to the Laws and Statutes of this Realm,
and the conſtant Cuſtom of His Predeceſlors, Kings and Queens of this Realm,
hath Power for the defence of this Kingdom, and reſiſting the Force of the
Enemies thereof, to grant forth Commiſſions under His great Seal to fich fit
Perſons as he ſhall make choice of, to Array and Arm the Subjects of this King-
dom, and to compel thoſe who are of able Body, and of able Eſtates, tò Arm
themſelves ; and ſuch as ſhould not be able of Bodies, but of Ability in Eſtate,
to Allefs them according to their Eſtates, to contribute towards the charge of
Arraying and Arming others able of Body, and not being able in Eſtate to Arm
themfelves.And ſuch Perſons as ſhould be contrariant to commit ta Priſon, there
to remain untill the King ſhould take further órder therein.
And whereas the Earl of Exceter, by vertue of His Majeſties Commiſſion to
him directed, for the Arraying and Arming of
a certain number of Perſons in the
County of Northampton, hath alleſt William Pargiter, being a Man unfit of Body
for that Service, bat being of Eſtateand Ability fit to contribute amongſt others,
to pay the Summ of five Shillings towards the Arraying and Arming of others of
able Bodies, and wanting Ability to Array themſelves.
And whereas we have received Information from the ſaid Earl, that the ſaid
William Pargiter hath not only in a willful and diſobedient manncr refuſed to
pay the ſaid Money aſſeſſed upon him towards ſo Important a Service, to the dif-
turbance and hinderance of the neceſſary defence of this Kingdon, but alſo by His
ill example hath miſled many others, and, as we have juſt cauſe to believe, hath
practiſed to ſeduce others from that ready obedience which they owe, and would
Otherwiſe have yielded to His Majeſties juſt command, for the publick defence
of His Perſon and Kingdom; which we purpoſe with all convenient ſpeed to
enquire further of and examin.
Theſe are therefore to will and require you, to take into your Cuſtody the
Perſon of the faid William Pargiter, and him ſafely to keep Priſoner, till further
Order from this Board, or untill by due Courſe of Law he ſhall be delivered :
And the like return was then made in all things, mutatis mutandis, concerning
the faid. Danvers, for not paying a Summ of Money aſſeſſed upon him. ) Yec he
the ſaid Sir John Brampton, deferred to Bail the faid Danvers and Pargiter, but
remitted the ſaid Danvers to the Fleet, where he remained till the 12 of July,
1640. and the faid Pargiter to the Gate-Houſe, where he remained till the
Ninth of November laſt; although the ſaid Jenings, Danvers; and Pargiter, upon
all and every the ſaid Returns, ought to have been diſcharged or bailed by Law,
and the Councel of the ſaid Fenings, Danvers, and Pargiter, offered in Court ve-
ty fufficient Bail.
And he the ſaid Sir John Brampton, being. Chief Juſtice of the Court of
Kings-Bench, denyed to grant His Majeſties Writ of Habeas Corpus to very
many other His Majeſties Subjects., and when he had granted the faid Writs
of Habeas Corpus to very many others His Majeſties Subjects; and on the récurn
:)
I
1
1
no
}
arvel
%
.
!
t
1
V
:
but by their accurfed Gloßes have confounded the Text, and made it Speak
makers, intended.
from the Scotchi Rebellion to the King's Murther. 365
no Cauſe appeared, or ſuch Cauſe only as was clearly bailable by Law ; yet he Fuly,
remanded them, where they remained Priſoners very long; which ſaid défer-
i 641.
ring to grant the ſaid Writs of Habeas Corpus, and refuſals, and delays to diſ-
charge Priſoners, or ſuffer them to be Bailed, contained in this Article; are de-
ſtructive to the Fundamental Laws of this Realm, and contrary to former re-
ſolutions in Parliament, and to the Petition of Right; which ſaid Reſoluti-
ons and Petition of Right, were well known to him the ſaid Sir John Bramp-
ston.
4. That whereas there was a Cauſe' depending in the Court Chriſtian at
Norwich, between Samuel Booty
Clenki",
Collard, for two Shillings
in the Pound for Tythes, for Reincs or Horiſes in Norwich, and the faid Col-
lard, moved by his Councel in the Court of Kings-Berich, for a Prohibition to
ſtay. Proceedings in the Court Chriſtian at Norwich, and delivered into the faid
Court of Kings-Bench his Suggeſtions, that the ſaid Cauſe, in the ſaid Couet
Chriſtian was for Tythes for Rents of Houſes in Norwich, which was determi-
nable by the Common Law only; yet he the ſaid Sir John Brampton, being Chief
Juſtice of the ſaid Court of Kings-Bench, and ſitting, the ſaid Court deferred
to grant a Prohibition to the ſaid Court Chriſtian in the ſaid Cauſe, although
the Councel did move in the ſaid Court ſeveral Times, and ſeveral Terms for
a Prohibition : And he the ſaid. Sir Fobn Brampston deferred to grant His Maje-
fties Writs of Prohibition to ſeveral Courts, on the Motions of divers others of
His Majeſties Subjects where the ſame, by Laws of this Realm ought to
have been granted contrary to the Laws of this Realm, and bis own know-
ledg.
And the ſaid Commons by Proteſtation ſaving to themſelves only the Liber-
ties of Exhibiting at any time hereafter, any other Accuſation or Impeach-
ment againſt the ſaid Sir John Brampston, and alſo of replying to the Anſwer,
that he the ſaid Sir John Brampſton ſhall make unto the faid Articles, or any of
them, or of offering Proofs of the Premiſſes, or any of their Impeachments, or
Accuſations that ſhall be exhibited by them, as the Caſe ſhall, according to the
Courſe of Parliament require, do pray that the faid Sir John Brampton Lord
Chief Juſtice of the Court of Kings-Bench, may be put to anſwer to all and
every the Premiſſes; and that ſuch Proceedings, 'Examinations, Tryals and
Judgments may be upon every of them had and uſed, as is agreeable to Law and
Juſtice.
Mr. Hollis alſo, according to the Order of the Houſe of Commons
at this Conference, made application to their Lordſhips in the behalf of
Sir Randal Crew in this manner.
My Lords,
Heſe Gentlemen have repreſented unto your Lordſhips the ſad object Mr. Denzil
Hollis his
of fuſtice perverted, Liberty oppreſed, of Judgment turned into
Speech about
Worm-wood; the Laws, which ſhould be the Bars of our Gates, to protect Sir Randal
us, keep us, and all that is ours in Safety, made weak and impotent, to be- Crew, July 6.
1641
tray us unto the hands of violence, inſtead of Props to ſupport us, become
troken Reeds to deceive us, and run into our ſides when we lean upon them,
even ſo many ſnares to entrap and entangle us.
And all this by the perfidiouſneſs of thoſe who are entruſted with our
Laws, who call themſelves the Guardians, and the Interpreters of the Law;
another Language, and anotker Senſe, than ever our Anceſtors, the Law-
Our Anceſtors nade Laws to keep themſelves, their poſterity after them
in the poreſion of their Eſtates; theſe Judges could make ithe Law it ſelf
rob us and despoil us of our Eſtates. Were we invaded and perſecuted at
any
+
:
9
T
1
t
th
5
KO
+ L
-
4
2
TY
IL
366 An Impartial Collection of all the memorable Events
July, any time for pretended Crimes, or rather becauſe they were free from
1641. Crime ? And did we put our ſelves upon a legal defence; and J.elter our
selves under the Buckler of the Law; uſe thoſe Lawful Weapons which
Fuſtice and Truth, and the Common Right of the Subject did put into our
hands, would this avail us ? No, theſe Fudges would make the Law wreſt
our Weapons from us, diſarm us, take away all our defence, expunge-otkr An-
swers, even bind us hand and foot, and ſo expoſe us naked and bound, to
the mercileſneſs of our Oppreſſors; were our Perſons forced and imprifor-
ed by an A&t of Power, would thc ? - relieve us when we appealed unto
it ?
No, it would joyn hands with violance; and add bitterneſs to our ſorrow :
theſe fudges would not hear us when we did cry, no importunity could get
Habeas Corpus : Nay, our cryes would diſpleaſe them, and they would
beat us for crying, and over-do the unjuſt Fudge in the Goſpel, with whom
yet importunity could prevail.
My Lords, The Commons of England finding themſelves in this lament-
table condition, by the wickedneſs of theſe fudges : It is no wonder that
we complain of them ; it is no wonder if the Knights, Citizens and Bur-
geles Aſſembled in Parliament, have ſent up ſome of their Members to
Jtand upon Mount Ebal to Curſe theſe Fudges ; to denounce a Curſe upon
them who have removed our Land-marks, have taken away the Bound-
ftoves of the Propriety of the Subject, have left no Meum & Tuum, but
he that had moſt might, had moſt right, and the Law was ſure to be on his
fide.
It hath been the part of theſe Gentlemen who have ſpoken before me, to
pray for juſtice upon thoſe men, who would not do juſtice to others
. My
Lords, I come upon another Errand, and yet for juſtice too, for there is
juſtice upon Mount Gerezim, as well as upon Mount Ebal
. It is as great a
point of juſtice to give a bleſſing, a reward where it is due, as puniſhment
where puniſhment is due : For reward and puniſhment, Præmium & pæna,
be the two legs that Juſtice walks on, and reward is her right leg, the more
noble and the more glorius Supporter of that Sacred and Divine Body,
that which God himſelf the Foundation of Juſtice doth more delight in.
Tradior ad pænas Deus eſt, ad præmia velox.
.
.
:
Puniſhment is good, as Phyfick in the Conſequence, Reward as wholeſome
and nouriſhing Food, in the Eſſence ; the one we do, becauſe we muſt do it
as neceßary; the other, becauſe we love to do it as being pleaſing and de-
lightful.
Tour Lordſhips then, I doubt not, will as willingly joyn with the Com-
mons, in doing good to a good Fudge, as in puniſhing of the bad.
My Lords, We honour them and reckon them Martyrs for the Common-
wealth, who ſuffer any thing by defending the Common Right of the Sub-
jeet, when they will not part with their own Goods contrary to Law; when
indeed their private intereſt goes along with it, or rather before it ; and
the publick Concernment ſeems to come but in a ſecond place, ſuch were
thoſe many, whom theſe Judges have oppreſſed ; yet theſe men we magni-
fie, and judge worthy of Praiſe and Reward.
But what honour then is he worthy of, ivho meerly for the publick, hath
Suffered himſelf to be diveſted
and deprived of his particular, ſuch a Judge
as would loſe his place, rather than do that which bis Conſcience told him
was prejudicial to the Common-wealth: Is not he worthy of double ho-
nous
-
And
+
7
.
11
li
.
1 641.
"
tr
44
1
>
1
1
1
i
F
during:their: Lives. But in caſe the ſaid Mr. Stoddard ſhall refuſe to
which will proceed therein according to Juſtice and Equity.
from the Scotch Rebellion to the Kings Murther, 367
And this did that Worthy Reverend Fudge, the chief Judge of Eng Fuly,
land at that time, Sir Randol Crew, becauſe he would not, by ſubſcribing,
countenance the Loan in the firſt year of the King, contrary to his Oath and a
Conſcience, he drew upon himſelf the diſpleaſure of ſome great Perfors
about his Majeſty, who put on that project, which was afterwards condemna
ed by the petition of Right, in the Parliament of Tertio, as unjuſt and
unlawful ; and by that means he loſt his place of Chief Juſtice of the King's-
Bench, and hath theſe fourteen years, by keeping his innocency, loſt the
profit of that Office, which upon a juſt Calculation, in ſo long a Revolution
of time amounts to 26000 l. or thereabouts.
He kept his Innocency, whemothers let theirs go, when himſelf and the
Common-wealth were slike deſerted, which raiſes his merit to a higher
pitch : For to be honeſt when every body elſe is honeſt, when honeſty is in
faſhion, and is Trump, as I may ſay, is nothing ſo meritorious ; but to ſtand
alone in the breach, to own honeſty when others dare not do it, cannot be
ſufficiently applauded, nor ſufficiently rewarded. And that did this good
old man do : in a time of general deſertion, he preſerved himſelf pure and
untainted.
Temporibuſque malis auſus is eſſe bonus.
My Lords, The Houſe of Commons are therefore Suiters unto your
Lordſhips, to joyn with them in the repreſentation of this good Man's Caſe
unto his Majeſty, and humbly to beſeech his Majeſty to be.So good and gra-
cious unto him, as to give him ſuch honour ( the quality of this caſe confi-
dered) as may be a noble mark of Sovereign grace and favour, to remain
to him and his poſterity, and may be in ſome meaſure a proportionable com-
penſation for the great loſs he hath with ſo much patience and reſolution
Suſtained.
There certainly cannot in the whole world be ſeen a more Illuſtrious
Court, than this High and Honourable Aſſembly of Peers in Parliament,
nor any thing of greater Benefit and Advantage to the Subjects of this
Monarchy, where matters of Right and Equity are:Debated and Ordered
with that great Wiſdom and Juſtice, that Tenderneſs and Caution, that
all perſons may find Redreſs, which as it has in all times been moſt
viſible, ſo even in this Parliament it may be ſeen in a thouſand Inſtances,
ſo long as it continued free, and undiveſted of its Noble Members the
Loyal Lords, and the Biſhops : And becauſe they into whoſe hands theſe
Collections may come, might ſee I endeavoured their Intereſt as well
as to gratifie their Curioſity, I have entred into theſe Papers many Or-
ders of the Lords Houſe in particular and extraordinary Matters, that ſo
the Readers and others might know where to ſeek and find Relief in
many Caſes; wherein the ordinary Courts of Juſtice cannot avail them;
and I give this account that ſo they may not appear either forreign to
my Deſign, or fuperfluous in the Undertaking.
It was this day Ordered, That the Earls of Dorſet, Warwick, and lodes con
Stamford are to be attended, and humbly deſired by virtue of this Order, Proviſion for
to mediate a peaceable and friendly Compoſition and Agreement between Sliders by
Mr. Stoddard and his Three Siſters touching their several Maintenance,
perform ſuch things as their Lordſhips ſhall think reaſonable to be agreed
unto, then their Lordſhips are to make Report thereof unto this Houſe,
+
1
'E
!!
1
1
1
1
Infor-
F
i
+
*
WI
368 An Impartial Collection of all the memorable Events
July, Information being this day given to the Commons, That the Allow-
1 641.
ances formerly paid to Mr. Jermyn, Sir John Suckling and others were ſtill
continued in their places and Salaries;Mr. Treaſurer was ordered to move
Wedneſday, his Majeſty to ſtop any Allowances or Payments to Sir Francis Winde-
Mellage to de- bank, Mr. Montague, Nr. Jermyn, and Sir Jolm Suckling, while they ſtand
firc tic King in the Cordition they are now in.
:
to ſtop the Al-
A Meſſage was alſo brought from the King by Mr. Sollicitor concern-
bank,&c. ing the Officers of the Star-Chamber ; and it was moved, That a Com-
A Meſſage
inittee might be appointed to take an account of them and their Places,
jeſty concern- and what Reparation was fit to be made them; But it was laid aſide. A
ing the Offi-
like Meſſage was ſent to the Lords, who appointed a Committee to con-
Star-Chamber. ſider of it.
The Houſe then entred upon the Debate concerning the King's Mani-
feſto about the Affair of the Palatinate, and being reſolved into a Com-
mittee of the whole Houſe, and Mr.Whitlock being in the Chair, Sir Sy-
mon D'Ewes ſpoke upon that Subject to this Effect.
lowances of
Sir Fr. winde-
from his Ma.
+
KH
cers of the
:
1
C
1
Sir Simon
D'Ewes his
Speech con-
cerning the
Manifeſto,and
the Affair of
the Palatinate,
fuly 70 1641.
C
6
<
<
Mr. Whitlock,
E have during this Parliament, fallen upon the Debate of the
greateſt and moſt important Affairs; concerning our Own
Good and Welfare at Home, that ever were agitated, and diſcuſſed at
one Meeting in the Houſe of Commons. And we are at this preſent,
by the Gracious Invitation of his Royal Majeſty expreſſed in his moſt
Juſt Manifeſto read unto us, reſolved to take into Conſideration, the
moſt Sublime, and moſt Difficult Buſineſs of the Chriſtian World
abroad: which lath for the ſpace of above Twenty Years laſt paſt,
drawn all the Kingdoms and States of Europe, into an immediate or
mediate Ingagement: In which, there have been Twenty pitch't Bat-
tels fought; a Million of Men, Women and Children deſtroyed by the
Sword, by the Flames, by Famine, and by Peſtilence; and that ſome-
times Populous andiFertile Eạnpire of Germany' reduced to'a 'moſt Ex-
tream and Calamitous Deſolation. I have in thoſe few ſpare-Hours I
could borrow yeſterday, from the publique Service of the Houſe, recol-
' lected ſome particulars, which inay conduce to the clearing of this
great Cauſe, being drawn out of the Autographs themſelves, or out of
our Records at Hoine, or out of the Writings ofcour very Adverſaries,
' and others abroad. I ſhall therefore begin at the Original it ſelf of the
'never-enough to be lamented loſs of the Prince Palatine's Dominions and
Electoral Dignity's that ſo we may take along with us, in our intended
Diſputes; 'not only our Affections, but our Conſciences. It is there-
'fore very manifeftto all that arebut meanly verſt in the Cabinet Affairs
of Chriſtendom ; That the Jeſuits have Conſulted for many years laſt
paſt, as well before, as ſince the Furious Wars of Germany, by what
means to ruin the Evangelical'Princes, and Party there. Their Chief
Aim hath been, fo to divide the Proteſtant Princes amongſt themſelves;
as they might be made uſe of Each-againſt other, for the Ruine Each of
other.
" The firſt Occaſion, that offered it ſelf within our Memories, was the
Pretences of ſeveral Competitors to the Dukedomes of Clève and Fu-
liers, and they failed but a very Little to have executed their intended
Deſign upon that Occaſion. But their hopes failing in it, they apply
them-
C
1
1
C
C
<
n
+
4
1
LI
.
<
C
neceflitāted, after mature deliberation, to abdicate him, and to Elect
from the Scotch Rebellion to the King's Murtber. 369
themſelves integrally to Ferdinand of Auſtria, Duke of Gratz, a Prince July,
not long ſince ſo poor,and of fo mean a Conſideration to add the weight 1641,
of but one grain, to the down-Ballancing of the Affairs of Chriſten-
dome, as his Naine was ſcarce heard of.
* They find him a fit ſubject for them to work upon, having from his
Cradle been bred up in an extreme hatred of the Proteſtant Party,who
profeſſed the Truth. They reſound nothing into the Ears of the old Em-
peror Matthias, but his Couſin Ferdinand's highı merits ; ſo as he
paſſing by his own Natural Brothers, and the Head of his Houſe, the
Spaniſh King, Adopts Ferdinand of Gratz for his Son, ſo to prepare
a way to make him the Succeſſor of his Scepter, Crown and Pur-
ple.
Then were the Sacred Dyets of the Empire, the Ancient means to
reconcile Differences, and prevent Jealouſies, as often diſſolved abor-
tively as called inſincerely. Rumours were ſpread of Practices and
Deſigns againſt the Proteſtant Princes and Cities. And that thoſe
Rumours might not vaniſh in Smoak, the Liberties of the Great and
Ancient City of Strasburg were oppreſt
. The Proteſtant Princes ſee-
‘ ing Materials and Engines on every fide prepar'd for their Ruine, were
neceſſitated to meet at Heilburn, and there to conclude an union
amongſt themſelves.
* This gave the Jeſuits an aſſured hope, of making Germany ſpeedily
miſerable by a Calamitous War ; for not only the Pontifician Princes,
took the opportunity to ſettle a,Catholique League, as they call'd it
amongſt themſelves : Bụt alſo the Elector of Saxony, like a true Pſeudo-
Lutheran, neither Proteſtant nor, Papiſt, thews as good an Affection to
'the Catholic League, as the Evangelick Union.
The old Emperor Matthias begins now to act his part, and the Je-
fuits ſpur, on their reády Scholar Ferdinand of Gratz, to aſcend the
bloody Theatre they: had ſo long deſigned him. Through the old Ein-
peror's interceſion; abuſing the Bohemian Proteſtants Credulity, with
ſugared Flatteries, and large Promiſes, he is admitted to the Crown of
that rich Kingdom; which ſoon after made way for him unto the
Crown of Hungary alſo. The Jeſuits, and the Spaniards did now on-
ly want a fair occaſion to begin a' War in Germany. The Emperour
Matthias labours with the Proteſtant Princes, to diſſolve their Union;
which not taking effect, the Biſhop of Spiers is encouraged underhand
to pick a Quarrel with the Prince Elector Palatine, and to build a
Itrong Fortreſs upon liis neighbours : Territories, pretending he had
right to that Plot of Ground, upon which the ſaid Fortreſs was rai-
led : 'But an higher Providence did not ſuffer this, Spark to ſet Germa-
my on Fire, though it had been kindled at the Prince Elector's own
door ( to affront and provoke him) for he by an incredible celerity,
did cauſe the ſaid Fortreſs to be demoliſhed, before the Enemy could
fit
, and furniſh it for his intended uſe, which made him fit ſtill and
Atudy for: a new occaſion, which that it might not be long wanting,
the Liberties and Priviledges of the Proteſtants in Bohemia, contrary to
new King Ferdinand's Oath, were temerated ; and by that means
in the year 1619 the greater part of the Eſtates of that Kingdom were
Frederick Prince Elector Palatine for their King.
And thus are we arrived
at that fad period of time, upon which ſo
many fatalities have enſued; in which we may ſee evidently, That
Vol. II.
Bbb
' the
C
7
2
C
C
I
C
.
their
1
як
1
1.
I 6
3
1
:
<
G
1
C
<
.
C
370. An Impartial Collection of all the memorable. Events
fuly,
the Prince Elector Palatine was not cauſally guilty of any part of that
.
Ocean of Blood, that hath been ſince ſpilt in Germany, as the Ponti-
fician ſide pretend he was.
"The Scene was long before prepared by the Enemies of the Truth ;
and the Kingdom of Bohemia was filled with Arms and Hoſtilities di-
vers Months, before his accepting of that Crown ; when himſelf la-
Loured by an earneſt mediation, to ļave given a peaceable Iſſue to thoſe
'bloody beginnings.
It was the Honour and Greatneſs of that Matchleſs Princeſs that he
gained here, and the conſiderable Succours they expected from hence,
'that eſpecially drew the Bohemians to that Choice. It therefore con-
cerns us now at length to provide, that the Prince Elector himſelf, and
the other Princely Branches of that great Family ( being the ſecond
without queſtion, if not the firſt, and moít Ancient of the Empire.)
"extracted by their laſt match, from the Royal Line of Great Britain,
'fhould not under colour of their Father's accepting that Crown, tó
which they now pretend no Title, be for ever deſpoyled of their An-
cient Inheritance, and Electoral Dignity : To which Calamity they
' liad never been reduced, had not the French King at that time for-
gotten the old Maxime of his Predeceſſors, which was, To keep even
the Ballance of Germany; to which alſo did moſt fatally concur the
Duke of Bavaria's Ambition, betraying his own Blood; and the Duke
of Saxony's taking Arms againſt the Evangelical Party. By this means,
and the advancing of Spinola with the Spaniſh Army out of the Nether-
lands, was not only the Kingdom of Bohemia loſt in a few months,
but the Palatinate alſo, excepting fome few Places of ſtreñgth, inveſt-
ed by the Enemy, and that poor people left to ſlaughter, calamity,
and deſolation. The Correſpondence of ſome ill Miniſters of this
State abroad, with thoſe of Forreign Státes here, aſſiſted by ſome
' fatal Inſtruments at home, furthered all this miſchief, at the inſtant
putting this state in hope of a match, when Supplies ſhould rather
have been ſent from hence, to have preſerved at leaſt the Electoral Ter-
‘ritories from an Invading Power:
“ It is true, that the Spaniſh Match had been" generally treated of
'ſome 5 or 6 years before this fatal Fire kindled in Germany, being firſt
ſer on foot by the Duke of Lerma under Philip of Auſtria, late King
of Spain : But now it was effectually advanced, and fortified with a
conjoyned Treaty of accommodating the Palatine Cauſe, without effu-
ſion of Blood. This and much more appears in the Original Journal-
Books of the Two Houſes of Parliament in Anno 21 facobi Regis, which
I have ſo far peruſed, as ſo ſhort a time would give leave; and though
that matters are there ſet down at large, eſpecially in the Records out
of the Houſe of Peers ; yet I have abſtracted it into fo narrow a com-
paſs, as may well fort with the little ſpare time of this Houſe to hear
it. The Relation was firſt made at White-hall during that Parliament,
' in the preſence of the greater part of both the ſaid Houſes, on Tueſday
February 24. And it was afterwards reported upon Friday the 27th
day of the fame Month next enſuing, in the Lords Houſe by the then
'Lord Keeper, and in the Houſe of Commons by Sir Richard Weſton,
at that time Chancellor of the Exchequer. It is there at large ſet forth,
That His Majeſty's Royal Father, having had ſeveral fair promiſes from
the Emperour Ferdinand the Second, and the King of Spain, of a
peaccable Reſtitution of the Palatinate, cauſed not only ſuch conſide
rable
C
6
C
C
be
11
F
1
1
NI
6
C
L
C
Ć
C
j
1
ވާ
" but was finally intombed with other Matters of great Moment, by the
fatal and abortive Diſſolution of that Parliament. If therefore this Great
from the Scotch Rebellion to the King's Murther. 37
rable Forces, as were then remaining in Germany under the Prince July,
'Elector's Enſignes to disband; but procured alſo ſome Places of ſtrength 164 r.
in the Palatinate it ſelf, to be Surrendred, and Conſigned over to the
late Infanta of Spain. But in the year 1622. our late Royal Sove-
reign King James, upon his Ambaſſadors return from Bruxels, having
diſcovered the Emperors intentions to be full of inſincerity and deceit;
wrote his Princely Letters, bearing Date at Hampton-Court October 3.
1622. to the (then and ſtill ) Earl of Briſtol, His Majeſty's Extraor-
dinary Ambaſladour in Spain ; to let him know, That he now percei-
ved little ſincerity in all the Spaniſh King's promiſes for the peaceable
Reſtitution of the Palatinate, by whoſe only means he had ſuffered the
fame to be loſt to the Emperor, and that therefore he ſhould preſently
preſs that King, either to give a full and direct Anſwer under his Hand
and Seal, for the Reſtitution thereof; or elſe to joyn his Armes with
his Majeſty againſt the Emperor for the Recovery of the fame : But
this matter as it further appears by the Original Journal-Books of the
'Lords Houſe, being either not throughly preſſed, or notably dif-
ſembled ; ſo many delays enſued one upon the neck of another, as in
the Iſſue it drew his Royal Majeſty, then Prince of Wales, to under-
take that dangerous and remote Journey unto that Nation, which hath
been the long
and hereditary Enemy of England. This Journey was
chiefly undertaken by ſo great a Prince to add an end, one way or
other, to that unfortunate Treaty ; and his ſtay in Spain did cauſally
proceed from his earneſt deſire to have effected a peaceable Reſtitution
of the Palatinate ; and therefore I doubt not but he ſhall now live to
verifie that Excellent and Heroick Expreſſion, which he made to the
' Conde de Oilvarez a little before his coming out of that Kingdom.
' Look for neither Marriage nor Friendſhip, without the Reſtitution
of the Palatinate.
And I aſſure' my ſelf, That the Force, and Power of Great Britain
' which was lately by ſubtil, and wicked Inſtruments, divided againſt it
ſelf
, being now united in One again, will be able to Effect ſuch Great,
and Conliderable Actions, as ſball render his Majeſties Name and Reign
Glorious to all Poſterity. The Two Houſes of Parliament, at that
time received the before-mentioned Declaration, with ſo much reſent-
ment as having rendred Glory to God that had ſo ſeaſonably diſcovered
'the Spaniſh Frauds, and next their humble acknowledgments to their
then Gracious Soveraign, for requiring their Counſels in a buſineſs of ſo
great Importance, they did unanimouſly adviſe him to break off the
faid two Treaties touching the Marriage, and the Reſtitution of the
· Palatinate ; ingaging no Leſs than their Perſons, and Purſes, for the
Recovery of the then Prince Elector's Ancient and Hereditary Domi-
It appears alſo in the Original Journal-Book of this Houſe, De. Anno
I. Caroli
, That this great Buſineſs was again taken into conſideration,
Council
of the Kingdom, did in thoſe two former Parliaments, account
the Reſtitution of this Illuſtrious and Princely Family to be of ſuch
great neceſſity for the preſerving of True Religion abroad, and ſecuring
our felves at home, as to ingage themſelves for an Aſſiſtance therein:
Vol. II.
Bbb 2
C
t
t
<
nions.
·
C
C
+
· Cera
*
EN
+
1
372
Fuly,
I 641.
6
6
11
6
6
1
C
C
6
6
G
C
An Impartial Collection of all the memorable Events
Certainly we may upon much better grounds,undertake the ſame now,
when I aſſure. my ſelf we may go as far with a Thouſand pounds for
the preſent, as we could have done with Ten thouſand at that time:
' for let us but take a ſliort View of the Eſtate of Chriſtendom, what it
was then, and what it is now, and we hall eaſily perceive a great Al-
teration in the ballance thereof.
In France where Monſieur de Luynes did then rule all, being himſelf
acted by the Pope's Legate, that King Contrary to the Examples of
Francis the Firſt, Henry the Second, and of Henry the Great his own
Father, and Contrary to the Maximes, and Intereſt of that State, 'and
' his own Safety, advanced the Formidable Power and Spreading Great-
neſs of the Houſe of Auſtria : but now the ſame French King's Eyes
have been ſo opened, that ſhiaking off that former unhappy Slumber he
was in, he hath by his Arms and Power to his immortal Honour, and
Glory, for divers years laſt paſt, endeavoured to reſtore again that Li-
berfy to the German Empire, in the Ruin of which himſelf had ſo fatal-
ly before Concurred.
The Swedes were then involved in ſeveral Wars, or Jealouſies with
the Pole, and inforced to keep at home to defend their own, but now
? Have a ſtrong Army,and poſſeſs divers Pieces of Important Conſequence
within the very Bowels of the Empire.
The Epiſcopal Electors with the other Pontifician Princes and Pre-
' latés, the ſworn Enemies of the Proteſtant Religion, were then Rich,
and Potent, but ſince moſt of their Countries and Territories have
taſted of the fame Calamities of War,which they had formerly brought
upon their Neighbours, ſo as now they are moſt of them ſcarce able to
defend their own, much leſs to offend any other.
· The Pſeudo-Lutheran Elector of Saxony , that is Cauſally guilty
more than any other ſingle perſon Living, of all thoſe Calamities and
Slaughters, which have for ſo many Years waſted Germany, and was
then fo Liberal of his Treaſure, and ſo forward with his Arms to an-
cillate to the Emperor's Deſigns, to the almoſt utter Subverſion of the
True Religion in Germany, is now after the reiterated temeration of
his Faith and Promiſes, the Fatal Survivor of the ſeveral Devaſtations
of his own Country, and Dominions : ſo as all thoſe vaſt difficulties
and great dangers, which might well have retarded the forwardneſs
of thoſe two former Parliaments, the firſt being held in the 22d. Year
of his Majeſty's Royal Father, and the Later in his own firſt Year,
being now removed, we have greater Encouragements, than ever, to
Concur with our SacredSoveraign in the Aſſerting of this his moſt ſuſt,
and Princely Manifeſto.
For mine own part, I expect no good Iſſue of the preſent Treaty at
Ratisbonne : I know the Duke of Bavaria's Ambition too well
, ever to
imagine that he will part with thoſe Large Revenues, and much leſs
with the Septem-Viral Dignity and Suffrage he hath obtained by the
· Prince Elector's Calamity and Misfortune ; unleſs it be Extorted from
him by force of Arins.
My humble Advice therefore is, That we ſend up to the Lords, to
deſire a ſpeedy Conference with them, in which we may acquaint
their Lordſhips, how far we have proceeded in our Approbation of
his Majeſties moſt Royal Manifesto,and to move them to Concur with
us thercin.
After
C
C
C
6
C
<
>
WH
t
1
i
1
ht
from the Scotch Rebellion to the King's Murther. 373
After a long Debate, the Houſe came to this Reſolution:
July,
Reſolved, &c. That this Houſe doth Approve of his Majeſties Pious
1641.
Intention in the behalf of his Royal Siſter the Queen of Bohemia, and his Vore about the
Nephew the Prince Élector Palatine, and the reſt of the Princes of that Manifesto.
Family; and of the Publiſhing the Manifeſto to that purpoſe, and this
Houſe will be ready to give his Majeſty ſuch Advice and Allistance there-
in by Parliament, as ſhall ſtand with the Honour of His Majeſty, and the
Intereſt and Affection of this Kingdom, if the preſent Treaty ſhall not fuc-
ceed.
But theſe were only Words, and they were ſo far from giving his Ma-
jeſty or the Electoral Family any Aſſiſtances, that having Encouraged
the King of England to put out this Manifeſto, and then failing him of all
Aſſiſtances to make it good, they rendred Themſelves, the Engliſh Na-
tion, and the King himſelf Cheap in the Eſteem of Forreign Nations
however, Mr. Pym was Ordered to go up to the Lords, to defire a Con-
ference about it.
The Houſe of Lords was turned into a Committee to debate the 4th The further
Head brought from the Houſe of Commons concerning the Queens Debate of the
Majeſty, and the firſt Branch was agreed to.
10 Propoſitions
To the Second Article, It was agreed to Joyn with the Houſe of by the Lords.
Commons to move the King, That he will be pleaſed not to give his
Conſent to the ſame hereafter, it being againſt the Laws of this King-
dome.
To the Third, concerning the Colledg of Capuchins at Denmark-
Houſe, agreed.
The 4th not now Reſolved.
There was a Debate in the Commons Houſe; concerning the For-
Thurſday,
reign Ambaſſadors entertaining and Sheltering Romith Prieſts and sew Fuly 8.
ſuits, Natives of his Majeſties Dominions ; upon which it came to this
Vote,
Reſolved,&c. That this Houſe doth declare, That no Forreign Ambaf-
Jador whatſoever ought to ſhelter or harbour any Popiſh Prieſt or Fefuit, vote againſt
that are Natives of the Kings Dominions, under pretence of being their Forreign Am.
Servants or otherwiſe. And the Comnittee for the 10 Propoſitions to his tertaining Ro-
Majeſty about his Fourney, are to preſent this Declaration to the Lords miſh Prieſts
Committee appointed to meet them, and to deſire their Lordſhips to Foyn Kings 'Domina
with this Houſe to Petition his Majeſty that this may accordingly be ob- nions.
ſerved.
The Ceffation was voted to continue 14 dayes longer from Munday
The Houſe then reaſſumed the Debate about Mr. Hollis and others Cellation pro-
longed.
Impriſoned and Fined 3 Car. and came to theſe Votes,
Reſolved, 6c. That Sir George Crookone of the Juſtices of the Kings Bench, about Mr. Hol-
lis,&c. 3 Car.
is not Guilty of the delay in granting the Habeas Corpus to Mr. Hollis, &c.
Réſolved, &c. That the continuance of Mr. Hollis &c. 3 Car. in Priſon by
the then Judges of the Kings Bench for not putting in Sureties for the Good Be-
haviour, was without Juſt or Legal Cauſe.
Reſolved, &c. That the Exhibiting the Information againſt Mr Hollis, Sir
John Eliot and Mr. Valentine in the Kings Bench being Members of Parliament
and for matters doñe · in Parliament, was a breach of Priviledge of Parlia-
Reſolved, &c. That the Judgment given upon Nihil dicit againſt Mr. Hollis
,
Sir John Eliot and Mr. Valentine, and the Fines thereupon Impoſed, and their
ſeveral
4
1
next.
Further Votes
J
ment.
1
1
2
!
2
1
374 An Impartial Collection of all the memorable Events
July,
ſeveral Impriſonments thereupon was againſt the Law and the Friviledg of Par-
1 641.
liainent.
Reſolved, éc. That the ſeveral proceedings againſt Mi. Hollis, Sir John Elio:
and Mr. Valentine, by committing them and Proſecuting them in the Star-Cham-
ber and the Kirgs Bench is a Grievance.
Reſolved, &c. That Mr. Hollis, Mr. Strode, Mr. Valerrir:e, Mr. Long, and the
Heirs and Executors of Sir John Eliot, Sir Miles Hobart and Mr. Peser Heyman
reſpectively, ought to have reparation for their reſpective Damages and Suffe-
rings, againſt the Lords and others of the Council by whoſe means they were ap-
prehended and committed, againſt the Council that put their Hands to the Infor-
mation in the Star-Chamber and the Judges of the Kings Bench.
Reſolved, &c. That. Mr. Laurence Whittacre being a Member of the Parliament,
3 Car. and entring into the Chamber of Sir John Eliot, being likewiſe a Member
of that Parliament, ſearching of his Trunk and Papers and Sealing of them, is
Guilty of the Breach of Priviledg of Parliament, this being done before the dif-
ſolution of the Parliament.
Reſolved, &-c. That Mr. Laurence Whittacre being guilty of the Breach of the
Priviledg of Parliament as aforeſaid, ſhall be ſent forthwith to the Tower, there
to remain a Priſoner during the Pleaſure of the Houſe.
1
.
1
Mr. Lan. White
tacre ſent to
che Tower
for Breach
of Privilege,
3 Car,
Whereupon Mr. Whitfacre being called down, and kneeling at the
Bar, Mr. Speaker pronounced this Sentence againſt him.
Mr. Whittacre then deſired permiſſion of the Houſe to ſpeak for him-
ſelf, which being granted, he ſaid, That he did freely confeſs the mat-
ter of Fact, and that he ſhould not endeavour to extenuate it by the
Confuſion of the times, but that he had only this to plead in mitigati-
on of the Sentence ; that it was an Error committed ſo long ago, being
now 13 years ſince; and that he was commanded to do what he did
by. Warrant from the King himſelf, and tlırce and Twenty Privy Coun-
cellors.
But all this availed him nothing, for he was immediately ſent to the
Tower.
Now for the Readers ſatisfaction, and that he may have a clear un-
derſtanding of this affair, it will, I think, not be unacceptable to preſent
him with theſe following Papers relating to this affair
.
There were ſeveral Queſtions propoſed to the three Chief Judges, to
which they gave theſe Anſwers.
of the Three
Chief Judges
about matters
in the Parlia.
ment, 3 Car,
Hether a Parliament Man,
ly, or Contemptuouſly
not then puniſhed ) may not be puniſhed out of Parliament : ?
Anſwer, “We conceive, That if a Parliament Man, exceeding the
Priviledge of Parliament, do Criminally, or Contemptuouſly offend
"the King in the Parliament Houſe ( and not there puniſhed ) may be
' puniſhed out of Parliament.
Quere II. Whether the King, as he hath the power of Calling and Dif
ſolving a Parliament, have not alſo an abſolute power to cauſe it to be Ad-
journed at his pleaſure :
Anſwer, “We conceive, That the King hath the Power of Comman-
ding of Adjournments of Parliaments, as well as of Calling, Prorogueing
and Diſſolving of Parliaments : But for the manner thereof
, or the
more particular Anſwer to this, and the next ſubſequent Queſtion,
our ſelves to the Precedents of both Houſes.
6
CC
CC
we refer
.
Quere III.
1
:
from the Scotch Rebellion to the King's Murther.
!
375
July,
11
1641.
.
!
(
-
IF
Quere III. Whether, if the King do Command an Adjournment to be
made, he hath not alſo power to Command all further proceedings in
Parliament to ceaſe at that time.
Quere IV. Whether it be not a high Contempt in a Member of the
Houſe, contrary to the King's expreſs Commandment, Contemptuouſly to
oppoſe the Adjournment ?
Anſwer, The King's expreſs Commandment being ſignified for an
Adjournment, if any after that ſhall Tumultuouſly oppoſe it, further,
or otherwiſe then the Priviledge of the Houſe will Warrant, This we
“conceive to be a great' Contempt.
Quere V. Whether, if a few Parliament-Men do Conſpire together, to
Stir up ill Affections in the People, againſt the King, and the Government,
and to leave the Parliament with ſuch a looſe, and by words or writings
put it in Execution, and this not puniſhed in Parliament, it be an offence
puniſhable qut of Parliament ?
Anſwer, “We conceive this Offence to be puniſhable out of Parlia-
.
Quere VI. Whether, if ſome Parliament-Men ſhall Conſpire together
to publiſh Papers containing falſe and ſcandalous Rumors, againſt the Lords
of the Privy Council, or any one or more of them, not to the end to Queſti-
on them.in a Legal or Parliamentary way, but to bring them into Hatred
of the People, and the Government into Contempt, and to make Diſcord
between the Lords and Commons ; Is not this an offence puniſhable out of
Parliament
Anſwer, “We conceive this alſo to be an Offence puniſhable out of
“Parliament.
Quere VII
. If Two or Three or more of the Parliament ſhall Conſpire
to defame the King's Government, and to deter bis Subjects from Obey-
ing or Aſiſting the King, Of what nature this Offence is ?
Anſwer, - The Nature and Quality of this Offence will be greater
or leſſer, as the circumſtances ſhall fall out, upon the Truth of the
ment.
+
-
(C
66 Fact.
+
Quere VIII. Can any. Priviledge of the Houſe Warrant a Tumultuous
Proceeding,
Anſwer, “ We humbly conceive, That an earneſt, though a diſorder-
ly, and confuſed proceeding in ſuch a Multitude, may be called Tu-
multuous, and yèt'the Priviledge of the Houſe may Warrant it
.
" We in all hụmbleneſs are willing to ſatisfie Your Majeſties Com-
mand; but until the Particulars of the Fact do appear, we can give
no directer Anſwers then before.
05
1:
!
And particularly as to the Second Quere about the King's Power of
Adjourning as well as Calling and Diffolving of Parliaments, theſe fol-
lowing Parliamentary Precedents were given in.
Mercure
t.
1.
1
376 An Impartial Collection of all the memcrable Events
1
fuly,
I 641.
Mercur. 4. Aprilis, 1. Jac. Seff. 1.
Mr. Speaker pronounceth His Majeſties Pleaſure of Adjourning the Houſe, till
Parliamentary itth. of April, (and it was ſo done.)
Preſidents a
bour Adjourn-
Jovis 18. Dec. 1606.
mencs by the
King
The Lords by their Meſſengers ſignified the King's Pleaſure, that the Seſſion
ſhould be Adjourned till the oth of February following.
Upon this Meſſage. Mr. Speaker Adjourned the Houſe according to His Majeſties
faid Pleaſure.
Martis 31. Martii 1607.
The Speaker delivered the King's Pleaſure, that the Houſe ſhould be A journ-
ned, till Munday 20. April following. .
Mercurii 20. Maii 1607;
Mr. Speaker ſignified the King's Pleaſure about Ninea Clock to Adjourn the
Houſe till the 27th of the ſame Month.
And 27th of May, he being Challenged for Adjourning without the Frivity of
the Houſe, he excuſeth it, and faith, as the Houſe had power to Adjourn them-
ſelves, ſo the King had a Superior Power, and by His. Command he did it.
Veneris 30 Martii 1610.
His Majeſtie's Pleaſure to Adjourn from Tueſday till Munday Sevenight.
11. July.
The King by Commiſſion Adjourneth the Lords Houſe. Meſſengers ſent to
the Commons. They ſend by Meſlengers of their own to the Lords, that they
uſe to Adjourn themſelves.
The Commiſſion is ſent down, Mr. Speaker Adjourneth the Houſe till the firſt
of Auguft.
26. Febr. 4. Car.
Mr. Speaker ſignifieth His Majeſtie's Pleaſure, that the Houſe be preſently Ad-
journed till Munday next,and in the mean time all Committees and other proceed-
And thereupon Mr. Speaker in the Name of the Houſe Adjourned the ſame ac-
cordingly.
1
ings to ceaſe.
1
And for a fliort Account of this Affair, take this out of Crook's Re-
ports.
:.
A
the bu-
Cro. 3. Part, The King verſus Sir John Elliot, Denzill Hollis, and
Benjamin Valentine, fol. 181. Hill. Term. 5 Car.
Sir John El N Information was exhibited againſt Sir John Elliot, Denzil Hollis and Ben-
Lipt's Cafe, doc. A janiin Valentine
' by the Attorney General,.cc To which the Defendants
ſineſs 3 Car.
appearing, pleaded to the Jurisdictjon of the-Coyrt, That the Court ought
out of crooke's not to have Conuſance thereof, becauſe it is for Offences done in Parliament, and
Reports, ought to be there Examined, and Puniſhed, and not elſewhere : It was thereupon
demurred, and after Argument adjudged, That they ought to Anſwer : for the
Charge is for Conſpiracy, Seditious Acts, and Practices, to ſtop the Adjourn-
ment
of Parliament, which may be examined ôut of Parliament, being scditi-
ous and Unlawful Acts, and this Court may take Conuſance and puniſh
tliem.
Afterwards divers Rules being given to Plead, and they refuſing, Judgment
was given againſt them, viz. Againſt Sir John Elliot, that he ſhould be commit-
ted to the lower, and ſhould pay Two Thouſand Pounds Fine, and upon his
Inlargement ſhould find Sureties for his Good Behavior. And againit Hollis
,
That
i
.
:
.
July,
M
.
it was
Wilmot and
ed.
main in full Power and Force.
from the Scotch Rebellion to the King's Murther. 377
That he ſhould pay a Thouſand Marks, and ſhould be Impriſoned and find
Sureties, &c. And againſt Valentine, That he ſhould pay Five Hundred Pound
1 641,
Fine, be Impriſoned and find Sureties.
Note, That afterward in the Parliament 17 Car. It was reſolved by the
Houſe of Commons, That they ſhould have Recompence for their Damages,
Loſſes, Impriſonments, and Sufferings ſuſtained for the Services of the com
mon-Wealth, in Parliament of 3 Car.
Note, In the Seſſion of Parliament Anno 19 & 20 Car. 2. a Motion was
made by a Commoner to have this, and ſome other like Reſolutions expunged
out of our Law.Books, that Students might not be poyſoned therewith, and a
Committee was accordingly appointed to inſpect them.
And accordingly upon Report made by Nr. Vaughan from the Committee
about freedom of speech in Parliament, it was Reſolved among other Votes,
That the Judgment given 5 Car. againſt Sir John Elliot, c. in the Kings-
Bench is an Illegal Judgment, and againſt the Freedom and Priviledg of Parliament
.
The Concurrence of the Lords was defired, and their Lordſlips Concurred with the
Commoners.
Upon the Petition of Commiffary Wilmot, and Colonel Aſhburnbam, Commiſſary
Colonel xh-
Reſolved, &c. That Commiſſary Wilmot, and Colonel Aſhburnham ſhall burnham Bail-
be bailed in the ſame mamer that Captain Pollard was.
Reſolved &c. That a Warrant Mall iſſue under Mr. Speaker's hand to
the Lieutenant of the Tower to deliver them into the Serjeant's hand.
It was further Ordered, That Colonel Goring, Commiſſary Wilmot,
and Colonel Alburnham, ſhall not offer any violence one to another ; Colo-
nel Goring being preſent in the Houſe, promiſed to obſerve the Injunction,
and Commiſſary
Wilmot and Colonel Aſhburnham, were ordered to give
Satisfaction to the Houſe under their hands, that they will obſerve this
Command of the Houſe,
Upon his Petition it was likewiſe Ordered, That Mr. William Daven- Mr. William
ant ſhould be bailed upon ſuch Security as the Houſe Mall allow of.
Dudley Smith Eſq; and William Champneys Efq; Sewers to the King,
were alſo admitted to Bail, 2000 l. the Principals, and 1000 l. the Sure-
ties.
William Williams was this day called in to Anſwer the Breach of Pri- Breach of Prf-
viledge committed in entring upon the Freehold of the Lord Biſhop of
viledge.
Lincoln, and diſquieting the poſſeſſion of his Lordſhips Lands in Carnar-
van-Shire.
The faid Williams conſeſs'd, he had entred upon the Lands of the
Lord Biſhop of Lincoln at May laſt was Twelve Months. The Houſe
thought fit to Releaſe him upon Bail.
Then
Johannes Maynard Miť Balniæ, Recogr' ſe debere Domino Regi ducent Single Bail ta-
libras, levari ad uſum Domini
. Regis, ex Terris, Tenementis & Catallis.
The Condition of the abovefaid Recognizance is, That if William
"Williams ſhall appear before the Lords in Parliament, and abide the
Order of Parliament, then this Recognizance is void, or elſe it is to re-
1
Davenant
Bailed.
C
1
ken in the
Lords Houſe.
This day there was a Conference between the Lords and Commơns Friday,
concerning the Caſe of the Palatinate and the King's Manifeſto, at which July 9.
Mr. Denzil Hollis made this following Speech.
Vol. II.
Сcc
My
et
1
1
378
An Impartial Collection of all the memorable Events
1
Fuly,
1 641.
My Lords,
}
Mr.Denzil Hol-
lis his Speech
about the Pa-
latinate July
T
9. 1641.
12
He Knights, Citizens, and Burgeſſes of the Houſe of Commons, have
commanded me to let your Lordſhips know, that they have taken into
their ſerious Conſideration, His Majeſties Propoſal unto them of the Ma-
nifeſto, in which he is graciously pleaſed to declare his Pious Intentions concern-
ing bis Royal Siſter, the Prince Palatine her Son, and the reſt of the Electoral
Family:
They do with all Humbleneſs acknowledg His Majeſties Favor, in communi-
cating into them any part of His Royal Thoughts, and asking their Advice
and Counſel, in a Buſineſs that doth ſo neerly concern Him; as needs muſt the
Happineſs, nay the Subſiſtence of theſe Diſtreſſed Princes, of ſo:Glorious an
Extraction, their Veins being eoriched with the ſame Blood that is from ſo
Royal Anceſtors, derived with Glory into his Sacred Perſon.
And in that Relation, the Houſe of Commons looks upon them with an Eye
of Tenderneſs, wiſhing that every drop of that Princely Blood, may ever be
illuſtrated with Honor and Happineſs: That His Majeſty may be Crowned with
this Bleſſing, To ſee nothing but Glory in himſelf, and in all that belong unto,
him.
To hçar then, that thefe Princes, ſo nearly allyed unto the King, ſhould ſuf-
fer that which is ſo unworthy of them, inſtead of Honor, of Greatneſs, to find
Oppreſſion, inſtead of a Fortune anſwerable to their Birth and Relation, to
have their ancient Patrimony torn from them, and deteined by a Hand of Vio-
lence, is a Thing, which makes our Ears to tingle, and our Hearts to riſe
within us.
My Lords, The Loyal
Subject of England, is ſo well tuned in a ſweet agree-
ing Harmony, to the Perſon of his Prince, that he is affected with the leaſt
Touch upon any part of the Princely String, and Anſwers it inſtantly with a
Sound proportionable ; If it be Good, and Pleaſant, with Joy, and Exultation,
if harſh and diſpleaſant, with Sorrow and Lamentation ; but'a Sorrow not
Womaniſh and Effeminate, but accompanied with Indignation and vigorous mag-
nanimous Reſolution, to be avenged upon whoſoever dare give Offence to our
Royal Sovereign.
This then is enough to make us zealous, for the Redreſs of the Prince Ele-
ctors Wrangs, to deſire ( with impatience ) to ſee him reinveſted in his right-
ful Poſſeſſions, were there nothing elſe to move us to it, but our Love and Affe-
ction, and our Duty to the King.
But, My Lords, There is yet another Motive, which hath a ſtrong irreſiſta-
ble Operation with us; and it is the conſideration, how much this is of Im-
portance to the good of Religion, the advancement of the Proteſtant party,
and the redeeming many Soyls from their Anti-Chriſtian Bondage, which hath
a double Aſpect; and relates to us, not only as we are Fellow-Members with
them of the true Church, which obliges'ys to à Care and Defence of them, and
gives us an aſſurance of a Reward in Heaven : But doth more particularly con-
cern us in point of Policy and Reaſon of State, by ſupporting our Allies, to 'ad-
vance this Kingdom to the higheſt pitch of Greatneſs and Reputation, to make
us formidable abroad to the Enemies of our Church and State, and ſo injoy Peace
and Safety, and Tranquillity at Home.
For My Lords, The Proteſtant Religion and this Kingdom, are Hip-
pocrates's Twins, that muſt both Live, and Die together.
It is madneſs to think this state can ſubſiſt, if Religion be ſubverted; and-
as great a madneſs to think our Religion can continue here, if we ſuffer it to
be deſtroyed, and eradicated out of our Neighbour Countries; which can no
more be ( that is, our Religion and this Kingdom be preſerved, when our
Neighbours of the ſame Religion and Belief with us be conſumed, then a Fort
can hold out , when
all the Out-Works be taken, or the Heart preſerved,
when a Gangrene hath ſeized on the outward Parts of the Body.
My Lords, As the true Religion is in the Truth, the Heart of England,
which gives it Life, and
makes it flouriſh with Strength and Power ; fo is Eng-
Land (in Politick Reſpect ) the Heart of the Proteſtant Religion in all the o
1
.
.
}
like
1
1. 'ther
D
1641.
1.
of the
from the Scotch Rebellion to the King's Murtber. 379
ther parts of Chriſtendom; and upon Occaſion, muſt ſend out Supply into all
the Neighbouring Countries, profeſſing the fame Religion with it, which ( to
July,
be themſelves in ſafety) muſt be under the Protection of this fort, under Con-
tribution to this Garriſon.
And on the other ſide, if theſe Countries be one after another, Invaded and
Poſſeſſed by the Enemies of Religion, that great Tye of Religion between usy
and thoſe Bonds be Diffolved, which only can Unite and Strengthen our mu-
tual Affections, and Relations; as if they get one Part, their Appetite will in-
creaſe foon to ſwallow up another.
Firſt, The Palatinate; then the other parts of Germany; afterwards the
Low. Countries; and then, Let us think in what Condition England will ſtand ?
It will be left as a Cottage in a Vineyard; as a Lodg in a Garden of Cucum-
bers; as a beſieged City, when all the Defences are gone, it will ſoon fall to be
a Prey to the Enemy.
My Lords, This Conſideration likewiſe works with the Commons of England,
and as the Wiſe-Man is to have his Eyes in his Head, and look before him ; ſo
they do look before them, and had rather ſee this Evil met half-way, then ſtay
till it come to them, rather ſee the eating Gangrene of the Auſtrian Ambition
ſtop'd in Germany, then tarry till it ſeize upon the Vital Parts of this Iſland, and
the death of Religion inevitably follow.
Sir Benjamin Rudyard alſo at a Committee of the whole Houſe, Mr.
Whitlock being in the Chair, ſpoke to this buſineſs as follows.
Maſter Whitlock,
I
F we may do the Prince Elector good by our good word, I hope we ſhall not
Sir Benjamin
ſtick to afford it him. A word ſpoken in due Seaſon is worth more then Gold
Rudyard's
and Silver.at an other time.
Speech at a
His Majeſtie's Ambaſador is now at the Dyet at Ratisbon, where the Emperor Committee of
and other Princes are by Friendly Treaties endeavouring to make up the Breaches the whole
of Germany. If this opportunity be omitted, His Highneſs's Affairs will be ex- Houſe about
the Palatine
ceedingly caſt behind-hand.
It is true, that our Treaties heretofore have not been proſperous; the reaſon
hath been, becauſe of the unhappy diſtance between the King and His People,
which brought a Diſvalue upon this Kingdom abroad. But now,when the World
ſhall take notice of the good underſtanding between His Majeſty and His Subjects,
by an earneſt and ſolemn joyning of the whole Parliament with His Majeſtie's
Declaration, the Propoſitions coming from hence, will carry with them more
Weight, more Authority; which is the way to redeem our engagement at an eaſie
rate, to ſave thoſe great charges which ſome do ſo much fear.
If we ſhould be backward in this great work, we ſhall cancel the obligations of
Nature, of Honour, of Reaſon, of State, of Religion which bind us to it.
Wherefore, Maſter Whitlock, my humble Motion is, That we may draw up
ſhort and round Manifeſto to wait upon and affirm the Kings Declaration, to be
ſtill managed by Advice
of Parliament, which will be ſafe for our felves, more
powerful and effectual for the Prince Elector.
I cannot tell what the preſent Age thought of it, and account it one
ing; but certainly Poſterity will fee by this Speech a moſt notorious
and manifeſt Colluſion in theſe People, who, notwithſtanding all the
glorious pretences and zeal for this deplorable Family, in which the
Honour and Intereſt of the King and Nation were, by their own Con-
feſſion, ſo deeply concerned, yet never intended any more aſſiſtance to
this diſtreſſed Proteſtant Prince, then a few good and great words,
which was a cheap way, and ſtill reſerving to themſelves a ſtarting
hole, to aſſiſt the King in this Affair only ſo long as he would follow
their advice.
Vol. II.
Ссс 2
Mr.)
July 9. 1641
a
.
1
Vores con-
Bill for abo-
сорасу. .
Order about
MriRandd a
380 An Impartial Collection of all the memorable Events
July,
Mr. Hide Reports the Reſults upon the Bill for aboliſhing Epiſcopa-
1 641.
cy, whereupon it was
·
Reſolved, &c. That all the Lands, Poſeſſions and Rights of the Deans,
cerning the
Deans and Chapters, ſhall be committed to the hands of Feoffees to be no-
minated by this Bill.
liſhing Epil-
Reſolved, &c. That the Lands and Poſſeſſions of the Arch-Biſhops and
Biſhops of England and Wales, except impropriations and Advoufons,
Mall by this Bill be given to the King.
Reſolved, &c. That the Impropriations and Advoufons belonging to the
Arch-Biſhops and Biſhops of England and Wales, ſhall be committed to
the hands of Feoffees in the ſame manner as the Lands of Deans and Chap-
ters are appointed to be.
And becauſe the Prelates and Papiſts were to be coupled together in
the Opinions of theſe people both in Guilt and Sufferings, it was by
Vote
Vote againſt Reſolved, &c. That the Committe of 48 propound to the Select Commit-
Papiſts.
tee of the Lords, that no Papiſt hereafter may have the keeping of any
Cafie, Fort, Chaſe, Forreſt, Park or Walk within England' or Wales;
and that ſuch as are in poſſeſlion of ſuch Caſtles, &c. As aforeſaid, may be
outed thereof according to Law.
Poſt Meridiem,
It was Ordered by the Commons, That one Mr. Randal a Miniſter,
now in the Goal at Ailesbury in the County of Bucks, for words spoken
Miniſter for
merly ordered againſt the Honour of this Houſe, who was by a former Order appointed
to be removed from thence to Bedlam ; it is now Ordered that the ſaid
Mr. Randal ſhall be diſcharged and ſet at liberty preſently upon the fight
hereof.
The further Debate upon Mr. Hide's Report about the Bill for abo-
July 10. liſhing Epiſcopacy, was this day reaſſumed, whereupon it was
Reſolved, &c. That a competent Maintenance ſhall be allowed out of the
for aboliſhing Lands and Poſeſlions of the Cathedral Churches, for the ſupport of a fit
Epiſcopacy.
number of Preaching Miniſters for the Service of every ſuch Church, and
a proportionable allowance for the Reparation of the ſaid Churches.
Reſolved, &c. That ſuch Ecclefiaftical Power as ſhall be Exerciſed for
the Government of the Church, ſhall be transferred by this Act unto the
hands of Commiſſioners to be named by this Act. The further conſidera-
tion of this matter to be referred till Monday 9 of the Clock.
Bill for Tonnage and Poundage being paſſed, Mr.Solicitor was ordered
to carry it up to the Lords, and to move their Lordſhips, that the Royal
Allent
may be had with as much ſpeed as may be, and to move the
Lords to expedite the Bill againſt Pluralities, and for difarming Recu-
fants.
This day Thomas Pain the Attorney, that gave the ill Language to the
viledge giving Earl of Thannet, who charged the faid Pain with ſome Words which
the Lye to a were reported to be ſpoken by him; he told the ſaid Earl, That it was
Falſe and a Lye divers times together, which being proved upon Oath,
it was Ordered, That the ſaid Pain be committed to the Cuſtody of the
Gentleman-vſher for the preſent, and this Houfe will take the miſdemea-
Report of the nor into further conſideration.
The Earl of Briſtol reported the effect of the laſt meeting with the
Select Committee of both Houſes, concerning the 10 Heads, and deli-
vered
to Bedlam.
Saturday,
Further Votes
about the Bill
Breach of Pri.
Peer.
Conference de
bout the Ten
Heads.
| -
A
4
1
1
?
1
+
11
12
anſwer yet.
1
from the Scotch Rebellion to the Kings Murther. 381
vered ſome Queries and Propoſitions which the Houſe of Commons July,
made, viz.
1 641,
Whether the Colledge of Capuchins at Somerſet-Houſe ſhould be ſent away
out of this Kingdom? for they are conceived to be búſie Men in giving In-
telligence to Forreign States, and the Houſe of Commons are induced to believe
fo, becauſe they underſtand, That the Letters of the Capuchins which were Im-
ported and Exported in one Week came to 31. 10s. the Carriage.
Next they conceive, That there are ſome things contained in the Articles of
Treaty of Marriage with France, which are contrary to Law.
Concerning the Education of the Prince, they ſaid they would conſult fur-
ther of it.
Concerning Licenſes granted to Recuſants, They deſire His Majeſty may be
moved, that none may be granted hereafter.
Concerning the removing of the Popiſh Recuſant Ladies from the Court, they
fay they mentioned no particulars, but ſpoke in the General.
Concerning Penſions, They deſire that the King may be moved, That no Paa
piſt beyond the Seas may have any Penſion.
Touching that which concerns the Queen they conceive they have had no full
Concerning their Explanation who are Active Papiſts, they mean thoſe Recu-
fants that are Rich and have moſt power in the Countries where they Live,
as well Peers as others, which they deſire may be diſarmed according to
Law.
Concerning the Popes Nuncio, they ſay the Houſe of Commons are preparing
a Bill.
Concerning the Lord Lieutenants and Deputy Lieutenants conſidering the
State of this Kingdom as it now ſtands, the Houſe of Commons deſires they may
be fuch Perſons as both Honſes approve of, and that they may be enabled the
more for the defence of this Kingdom, there will be a Courſe taken for Sup-
plying them with Monies Oụt of the Subſidies, and the Houſe of Commons deſires
that the King may be moved to let them have ſuch Powder out of His Majeſties
Stores as may be ſpared, and they will pay after the Rate of ten Pence per
Pound for it as ſoon as they can get money: and further to move His Majeſty
that the Arms which have been taken from the ſeveral Counties may be reſtored to
them, and if His Majeſty can ſpare any Arms out of His Store, they will buy
them to furniſh theſe Southern parts.
The new Bill for Tonnage and Poundage being read the Third time. Another Biti
in the Lords Houſe, and being put to the Queſtion, It was Reſolved to
for Tonnage
and Poundag
paſs as a Law, Nemine Contradicente.
paſſed the
Ll
Pon Report this Day made unto the Houſe from the Lords Committees for An Order of
the Lords for
Petitions, That WilliamWalter was complained of by the Petition of Elizabeth Relief of a
Walter his Wife, for refuſing to Co-habit with her, or allow her and her 3 Chil- Feme-Covert
dren Maintenance, and Supportation for their Lively-hoods, although he hath a and her Chil
.
Good and a Plentiful Eſtate, It was thought fit and ſo ordered, by the Lords in dren, agavift
Parliament, That the ſaid WillianWalter ſhall ſettle Lands and Tenements clear- fuſing to Co-
ed from all foriner Incumbrances other then Leaſes, whereupon the uſual Rent is habit
, July 12.
reſerved lying in the County of Pembroke, upon ſuch Truſtees as the ſaid Mrs. 1641.
Walter ſhall Nominate, to the uſe of her ſelf and her ſaid 3 Children, during the
time of her Life.
And Mr. Juſtice Foſter, and Mr Juſtice Heath's aliſtance to the ſaid Lords
Committees for Petitions, are hereby deſired by the Lords in Parliament, to di-
rect the Counſel of the ſaid Mrs.Walter what ſecurity ſhall be taken in or out of
the Premiſſes,and how and in what manner anEſtate of and in the Lands and Tene-
ments or Tithes of the ſaid William Welter ſhall be ſetled or charged and charge-
able with the payinent of lišty Pounds per An. to the uſe of the ſaid Mrs. Walter
and her 3 Children, the firſt payment whereof to begin at Michaelmaſs next
enſuing the Date hereof: And in Caſe the ſaid Mr.Walter's Eſtate ſhall. encreaſe
by the Death of his Mother or Grandmother or otherwiſe, it is their Lordſhips
pleaſure
Lords Houſe,
f
38
July,
1 641.
An Impartial Colle&tion of all the memorable Events
Pleaſure that the Moiety of the ſame as it ſhall fall and accrew to him, ſhall be fet-
tled and paid unto the ſaid Feoffees to the uſe of the ſaid Mrs.Walter and her 3
Children as aforeſaid by the Advice of the Judges aforenamed.
And further, that if the ſaid William Walter ſhall refuſe or delay by the
ſpace of a Month next enſuing, to make ſuch ſettlement in manner as aforeſaid,
then it is their Lordſhips Pleaſure, that a Sequeſtration ſhall be awarded to ſuch
Perſon or Perſons as the ſaid Mrs. Walter ſhall nominate, to take and receive ſo
much of the Yearly Rent and Profits of the ſaid Lands and Tenements of the
faid Willian Walter as ſhall amount to ſuch proportions and allowances as afore-
ſaid, to be anſwered to the ſaid Mrs. Walter or her Alligns half Yearly for the
uſes aforeſaid.
4!
An Order of Pon Report this Day made unto the Houſe from the Lords Committees
U
the Lords con for Petitions in the Cauſe of Sir Peter Osborn Knight Plaintiff, and Thomas
cerning avica- Foice Clerk, it appeared unto their Lordſhips, That Sir John Osborn Knight de-
peler Osborr's ceaſed, Father of the ſaid Sir Peter, was ſeized in Fee of the Rectory of Harnes
Caſe Plaintiff, in the County of Bedford, to which the Advowſon of the Vicaridge did confift
againſt Thomas only of eight Pounds per Ann. ſtipend; That the ſaid Sir John Oſborn did in the
Foyce Clerk,
9th Year of King James, convey the loheritance of the ſaid Rectory and Vica-
July 12.1641ridge, together with a new Houſe built upon his own Land, to the now Biſhop
of Durham, Sir Thomas Cheek and others, for the Increaſe of Maintcnance of
fuch Vicar or Vicars, as ſhould be nominated by the ſaid Sir Joha or his
Heirs.
But before the Gift, Sir Fohn puts in Mr. Brightman, and Mr. Wilfon fuccef-
ſively, who injoyed the ſaid Houſe and Tythes, and after the Gift, nominated
Mr. Sherley who was only Licenſed by the Biſhop, but never Inſtituted or In-
ducted : After the Death of the ſaid Mr. Sherley, the ſaid Sir Peter Osborn no-
minated Mr. Buckley who was Licenſed by the Biſhop, without being inſtituced
or Inducted, the Defendant Force obtains a Preſentation by Lapſe, and gained
a Decree in Chancery for the Rectory Houſe and Tythes ; againſt which De-
cree Sir Peter Osborn objected, that the Donor incended the faid Rectory to him
only, that was to be nominated by himſelf or his Heirs, and could not intend
it to any that came in by Lapſe, it being then in Lapſe when his Gift was made,
which was denied by the Defendant, and affirmed that it was intended to the
Incumbent whoever he was, otherwiſe the Charity of the Donor would be
overthrown. Whereupon the Decree and Deed of the ſaid Sir John Osborn was
produced and read before the ſaid Lords Committees, who after long Debate
by Councel on both sides were fully ſatisfied, That the Donor intended it to
none, but ſuch as ſhould come in by the Nomination of him or his Heirs ;
Whereupon it is Ordered and Adjudged by the Lords in Parliament, That
the ſaid Lay Fee Rectory and Houſe, together with all the ſaid Donors Gift,
ſetled by the ſaid Deed, ſhall by virtue of this Order go to ſuch Clergy-Man,
or Men as the ſaid Sir Peter Osborne, and his Heirs ſhall Nominate and Appoint,
according to the meaning of the ſaid Donor and no other. And that the De
fendant Foyce that came into the Vicaridge by Lapſe, ſhall have no Advantage
of the Gift ſo made by Sir John Osborne ; but ſhall forthwith upon Notice here-
of relinquiſh the ſame, and ihall alſo Anſwer to the Feoffees, for all the Profits
of the ſaid Houſe and Rectory by him taken ever ſince the ſaid Decree ; and
if the ſaid Defendant Foyce conceives he hath any. Right, he is left to try the
ſame at the Common Law, without taking any advantage of the ſaid Decree,
or of any thing done by Sir Peter Osborne in Obedience to the ſaid De-
cree.
A Meſſage was brought from the Houſe of Commons by Sir Henry Vane Junior, to
defire that the Bill for Tonnage and Poundage, may be delivered anio them, to
be brought up and preſented by their Speaker,
with the Commiſſion under the Great
Seal annexed.
Meſſage from Heir Lordſhips taking this into conſideration, and peruſing the Commiſſion
the Commons found by the Tenor of the ſaid Commiſſion, that the Bill of Tonnage and
of Tonage and Poundage could not paſs the Royal Aſſent, by virtue of this Commiſion, if they
Ponndage.
were
1
hit
ܬܙ
1
..
6
0
L
from the Scotch Rebellion to the King's Murther. 38)
I 641.
were ſeparated, therefore to avoid all Ambiguities, Reſolved to ſend ſome! Fulv,
Lords, to deſire His Majeſty would be pleaſed to come in Perſon to give the
Royal Alent to the ſaid Bill:
I
Hereupon the E. Bath, E. Elſex, E. Cambridge, E. Briſtol, went pre- Bill for Tor-
fently to attend his Majeſty therein, who brought this Anſwer, That the page and Poun-
dage paſſed
King will be here preſently.
the Royal AR-
ſent.
i
.
His Majeſty being come and fatt in the Chair of State, the Commons
were ſent for, who came, and by their Speaker preſented the Bill for
Tonnage and Poundage; then the Clerk of tlie Crown read the Title
of the ſaid Bill, and the Clerk of the Parliament pronounced the Royal
Aflent thereunto in theſe words,
Le Roy remerciant ſes bons Subjects accepte
Leur Benevolence et ainſi le veult.
11
t
P
1
LINK
1:
It was this day Ordered in the Commons Houſe, That in all Parochial Munday,
Churches of England and Wales where there is on the Lords Day.no Preach- July 12.
ing in the Afternoon, if the Miniſters will maintain a Conformable. Lečturer Order for Af-
at their own Charge, the Parfon or Vicar ſhall give way to it, unleſs he will mons in all
Preach himſelf.
Ordered, That this Houſe doth Allent, That the Speaker of the Houſe
of Lords; fhall preſent unto his Majeſty in the Name of both Houſes, the
humble Advice of both Houſes concerning the Manifeſto.
1
Parochial
Churches,
1
.
2
His Majeſty having appointed both Houſes to attend him at the Ban-
quetting-Houſe in Whitehall at Three of the Clock in the Afternoon,
they accordingly attended, where the Manifeſto and the Parliaments
proceedings upon it were read, which were as follows:
1
;-Y
CH
about the
CC
HARLES, By the Grace of God, King of Great Britain, The King's
France, and Ireland, Defender of the Faith,&c. To all to whom Manifeſto
" this preſent Manifeſto ſhall come, Greeting.
Palatinate.
O the end that the Endeavours of Our late Dear Father, King
Fames, of Bleſſed Memory, and Qur Own Proceedings ſince his
Deatli; in the Cauſe of Our Dear and Onely Siſter, Brother in Law,
- and Nephews, Electors and Princes Palatine of the Rhine may not be
forgotten, or pretendedly unknow, wherein We have ſtudied and
“ laboured nothing more than Peace of Chriſtendom, and the avoiding
the effuſion of Innocent Blood; by ſeeking the Reſtitution and Re-
« Eſtabliſhment of the Electoral Houſe Palatine in their Ancient Rights,
“ Dignities, and Poſſeſſions within the Empire, out of which they have
“ been by Violence, and Force of Arms, and other undue Proceedings,
“ expelled and baniſhed, contrary to the Ancient Laws and: Conſtitu-
tions of the Sacred 'Empire ; Wa Irave thoughp fit, for the Vandication
of Our Own Honour, to call to mind, and to publiſh to all the World,
both a Summary Relation of Our Actions and Endeavours påſt, and
“ Our preſent Reſolutions in the ſame Cauſe.
T.cannot be unknown to all the Princes and Eſtates of Europe, and
more particularly to thoſe who fiave had any intereſt or relation
to the Publick, Affairs of Germany:how both Our Self, and Our Father,
have
1
CC
1
;.
+
IT
CC
Ki J. +
2
i
CC
384 An Impartial Collection of all the memorable Events
July, “ lave, during theſe Twenty Years paſt, by many and ſeveral Ambaf-
1 641.
ſages, Treaties, and other Negotiations, to Our great Expence and
Charges, both with the late Emperour Ferdinand, the King of Spain,
" and other Princes and Eſtates of the Empire, endeavoured by alí
Friendly and Treatable means, to procure the Reſtitution and Re-
< Eſtabliſhment of Our faid Dear Siſter, Brother-in-Law, and Nephews,
in their Ancient Rights and Poſſeſſions, as the only and poſſible way
to ſettle a good and firm Peace in the Empire, and conſequently with
all Princes intereſſed therein ; without which it is impoſſible to expect
or hope for a good, durable and honeſt Pacification of thoſe Troubles
" which have already, almoſt, rent and conſumed, and involved all the
« Princes of Chriſtendome in a moſt Bloody and Deſtructive War.
“And for a clear Demonſtration of Our ſincere Intentions, not only
Our own Pious Inclination, and Care of the Publick Peace, hath in-
duced Us to omit divers Occaſions, whereby we might by ſuch Pow-
er as God hath put into our Hands, have prevented the Violences
"and Oppreſſions uſed to Our faid Siſter and Nephews. But We have
"been led on, and invited thereunto by divers Promiſes, Aſſurances and
“Reverſal Letters, both from the late Emperor and King of Spain, and
other Ufurpers of the Inheritance of the Electoral Houſe Palatine, that
they would at laſt in Contemplation of Our Mediation, hearken and
"incline to a Juſt and Honeſt Peace,by the Reſtitution of the Eſtates and
Dignities of Our dear Siſter and Nephews, whereby we have been
drawn, not only to paſs by Our own, and the Publick Intereſt, and
" to forbear to Engage Our Arms in ſo juſt a Cauſe, but alſo have pro-
“cured by Our Fathers, and Our Authority, the withdrawing and dif-
'banding of the Forces of Count Mansfelt out of the Palatinate, and
"advanced divers Truces and Ceſſations of Hoftility or Defence,only to
prepare the Way of amiable Compoſition, according to the Hopes and
"Promiſes to that end given Us, and particularly have cauſed the Surren-
der and Depoſition of ſome places of Strength, into the Hands of the
"late Infanta of Spain, upon reciprocal Aſſurances of a final Pacification
or Reftitution.
“But what Effects all theſe Our Peaceable and Chriſtian Endeavours
“ have produced, and how all Our Pious Negotiations have been either
delayed or deluded; thereby and by proceſs of Time, to root and E-
"ſtabliſh the Uſurpations of the Houſe Palatine ; and Our Patience
"and Piety thereby abuſed, is ſo manifeſt by the continual Oppreſſion
s of Our laid dear Siſter and Nephews; that We are forced to Proteſt that
“there hath nothing ſucceeded either to Our Deſires, or Hopes, but a
Reſolution of Deſpair of ever obtaining by the Ways of Juſtice, Trea-
ty, or Amity, that which hath been ſo often promiſed to, and expect-
sed of the Lovers of Chriſtian Peace.
“Notwithſtanding We having lately received Advice from Our dear
“Uncle, the King of Denmark, that at laſt by his Mediation and Pro-
curement, the preſent Emperour and Duke of Bavaria, have conde-
“ fcended to a Treaty, to be held at the Diet at Ratisbone, upon the
“ſixth Day of May laſt paſt, for the Reviewing and the Reſetling of
“ the Controverſies of the Houſe Palatine, as a Preparation and In-
" ducement to a General Peace and Amneſtia through the whole Em-
« pire; And that he with ſome of the Electors of the Empire, is accep-
“ted as Mediator of the ſaid Cauſe, and hath received ſtrong and
pregnant Aſſurances of a better Inclination and Diſpoſition toward
the
1
1
:
1
1
>
.
385
Fuly,
I 6.41
.
1
1
1
s6 tisbonė.
1
:
16
from the Scotch Rebellion to the King's Murther.
“the re-eſtabliſhment of the Electoral Eamily in their Rights and Dig-
“nities; And to that end hath procured convenient ſafe Conduct from
the Emperor, to Our Nephew and His Brethren, freely to come in
“Perſon, or to ſend their Deputies to that Diet at the Time and Place
appointed; with all other Clauſes requiſite for their Safeties, Going,
Abiding or Coming from thence; and there to plead the Juſtice of
“their own Cauſe: and that in Proſecution thereof, he hath Inſtructed
and Diſpatched His Ambaſſadors to aſſilt either in Perſon, or by the
Deputies of Our Nephews at the ſaid Treaty of Pacification, and
“ hath deſired Us herein, to Comply with him, by ſending Our Ain-
"baſſadours Qualified and Inſtructed to the ſame Purpoſe of procur-
ing a Good and Setled Peace within the Empire, according to the
“ Intimation of the Princes Electors ſignified to Him by their Let-
ters, thereby deſiring Us to Alliſt in the preſent Aſſembly at Ra-
“To which end, Our Nephew the Prince Elector Palatine, having
( reſolved by Our Counſell and Advice, to ſend his Deputies according
“to the Invitation and Hopes, intimated of a good Iſſue to be expected
“ by the amiable way of Treaty and Compoſure.
“We have alſo thought fit not to be wanting to ſo good a Deſign, ſo
concurrent to Our own, and the Deſires ot 10 many Princes, and in
“ſome Hope of better. Fruits then hitherto all Our Endeavours have
produced ; Have reſolved to make this Our laſt Tryal by the way
of
“Treaties, and to ſend Our Ambaſſador to the Emperor, and other
“Princes in the ſaid Diet Aſſembled: And to that purpoſe have gi-
ven him full Power and Inſtructions, to contribute all Our Authori-
ty to the Procurement and Setttlement of a good and bleſſed Peace,
by the reeſtabliſhment and reſtitution of the Poſſeſſions and Dignities
of our faid dear Siſter, Nephews, and Electoral Family, without which
“no Peace can either be honeſt or ſecure: Hereby. Exhorting and De-
firing all other Kings, Princes and States, our Friends, Allies and
“ Confederates, who Thall either be preſent at the ſaid Diet, or ſhall
“have their Ambaſſadors, or Deputies there, that they will be aſſiſt-
ing to the Juſtice of fo good a Cauſe, and to ſo great a Bleſſing, as
the reſtoring of Peace, to the almoſt deſolate Elate of Ger-
many:
But becauſe we may have juſt Cauſe to doubt by inany Experi-
ences of Our former Endeavours, that the iſſue and Fruit of this
meeting may not be anſwerable to Our juſt Expectation ; but rather
" that it may produce contrary Effects, to the prejudice of the Juſtice
and Rights of Our faid Nephews and their Family (which God for-
“bid ) we are hereby forced to proteſt againſt all Acts, Sentences, Con-
clufions; or Determinations whatſoever, which ſhall or may be had,
" made or declared, either in Confirmation of the Oppreſſions and
« Uſurpațions paſt, or any Additions thereunto for the future, as in-
“valid, and of no power or effecti.
In which Cafe (being contrary to Our deſire and expectation) We
“ alſo further proteſt and declare, that We will not abandon neither
“Our own, nor the Publick Intereſt, nor the Cauſe, Rights and juſt
“ Pretences of Our dear Siſter and Nephews, and other Princes and
“ States involved within their Oppreſſions. But that We will uſe and
o employ all ſuch force and power wherewith God hath enabled Us,
“both by Our own Arms, and the help and aſſiſtance of all Our Allies
Vol. II.
Ddd
1
(C
"andl.
386. An Impartial Collection of all the memorable Events
July,
and Friends, to vindicate Our own Honour, the Publick peace, and
1 641.
“ redreſs of the Injuries, Uſurpations, and Oppreſſions of Our faid
" deareſt Siſter and Nephews, and their Illuſtrious Family.
And hereby as we do profeſs to uſe all our endeavour and Power
to promove a happy and deſired Peace, for the Conſolation of the
"diſtreſſed Empire; fo We do appeal to Almighty God, the Inſpector
“of the Hearts of all Princes; and to the World, the Spectator of all
Our juſt Actions, that we will be innocent, before God and the
“World, of all the Evils that may enſue, if theſe Our laſt Hopes ſhall
"be delayed or abuſed.
H
C
CC
I
C
ܪ
CC
CC
06
Is Sacred Majeſty of Great Britain, being reſolved, in Caſe this
his last Endeavor by his Extraordinary Ambaſſador, ſent to the
Diet at Ratisbone, for a friendly Accommodation of his Nephew, the
Prince Elector Palatines Affairs, should prove fruitleſs, to have bis
" ſaid Embally, wit liout further loſs of Time, ſeconded by more powerful
and effétual means, went to His Parliament on the Fifth day of July laſt,
and there (after the diſpatch of ſome other Affairs ) preſented the above
*written Manifeſto, with theſe Words;
Take this occaſion to preſent to both Houſes, That, whereby I
hope all the World ſhall ſee that there is a good Underſtanding
between Me and My People ; It is concerning My Nephew, the
Prince Elector Palatine ; who having deſired Me, by the Advice of
“ the King of Denmark, to aſſiſt him in a Treaty, for his Reſtauration,
at the Diet now held at Ratisbone, by the Emperour, I could not but
ſend My Ambaſſador for that purpoſe, though I much doubt that I
ſhall not have ſo good an Iſſue of it, as I wiſh: The which My Ne-
phew foreſeeing, hath deſired Me, for the better Countenancing of his
Juſt Demands, to make a Manifesto in My Name; which is a thing
of that Conſequence, that if I ſhould do it alone, without the Advice
of My Parliament, it would be of much leſs force. Therefore I do here
propoſe it unto you. That by your Advice I may do it: for that way
I think it moſt fit to be publiſhed in My Name.
THe ſaid Manifeſto concerning the Reſtitution of the Electoral Pala-
tine Family, having been Seriouſly confidered by both Houſes, They
togethe rcame to his Majesty in the Banquetting-Houſe,on the Twelfth of
July hast, where the Speaker delivered the
ſaid Houſes their opinion and
Reſolution, in this manner :
Y Our Majeſty in your Royal Perſon was pleaſed to recommend
this Manifesto, touching the Palatine Cauſe, to be read in full
“Parliament, and to be adviſed of by both Houſes.
Both the Houſes have ſeriouſly conſidered of it, and have com.
"mand ed Me, to preſent theſe their Humble Advices unto your Sacred
Majeſty, which are expreſſed in this Declaration, which hath paſſed
" the Votes of both the Houſes,and which I am commanded to read unto
your Majeſty,
Dei Mercurii, 7 Julii, 1641.
Reſolved upon the Queſtion;
the Queſtion; “That this Houſe doth
That this Houſe doth approve of His
Majeſties Pious Intentions in the behalf of His Royal Siſter, and His
Nephew,
4
CC
«C
1
)
from the Scotch Rebellion to the King's. Murther. 387
“ Nephew, the Prince Elector Palatine, and the reſt of the Princes of
July,
" that Family, and of the publiſhing this Manifeſto to that purpoſe ; 1641.
" and that this Houſe will be ready to give His Majeſty ſuch advice
and aſſiſtance therein by Parliament, as ſhall ſtand with the Honour
“ of His Majeſty, and the intereſt and affections of this Kingdom, if the
preſent Treaty ſhall not ſucceed.
Die Sabbathi 10 Julii 1641.
Reſolved in like manner upon the Queſtion by the Houſe of Peers,
« Thať they do concur in this Vote with the Houſe of Commons.
C.
1
:
.
“ I am likewiſe Commanded to preſent the humble deſires, of both
" the Houſes of Parliament.
That Your Majeſty will be pleaſed to recommend this Manifeſto to
" the Parliament of Scotland, to have the Concurrence of that King-
dom.
C
.
CC
-
T
66
Hus much was delivered by the Speaker of the Houſe of Peers,
both Houſes then attending His Majeſty in the Banquetting-
Houſe at White-Hall: To which His Majeſty was graciouſly pleaſed to
make them this. Anſwer..
C
1
(C
W
E take very thankfully the Concurrent Advices of both the
Houſes of Parliament, in ſo great and pious a:Work, decla-
red in theſe Votes and Reſolutions, which you have read unto
Us.
“We will alſo take care to recommend this Manifeſto unto the Par-
“liament in Scotland, to have the Concurrence of that Kingdom, which
We doubt not but they will perform.
«
!
M
܀
1
Mr. Treaſurer reports in a Paper. His Majeſty's Anſwer to the Third
of the Ten Heads preſented in the Painted Chamber, in hæc verba.
I Anſwer is, That. I know of:none, the which Methinks ſhould The Kings An-
both ſatisfie and be believed ; I having granted all hitherto de- fover to the 3d
manded by Parliament : Nor do I expect that any fould be ſo unadviſed, poſitions about
as by Sander or otherwiſe to deter any that I truſt to in my Publick Af- ill Counſellors.
fairs from giving me Counſel, eſpecially ſince freedom of Speech is always
demanded and never refuſed to Parliaments.
This Gracious Prince was ſo unwilling to diſoblige, even by any Ca-
ſual Word that might bear a hard Conſtruction, that His Majeſty im-
mediately ſent a Second Paper in theſe Words : Which was delivered at
a Conference by the Earl of Bath to the Commons.
Heſe are to ſignifie to this Houſe, That whereas He ſent an Anſwer
this day to both Houſes concerning the Third Head , left there
ſhould be any miſtake upon the word Slander, His Majeſty declares he did
not mean all of either Houſe of Parliament, or any Members thereof.
Upon the Reading of the Petition of the Arch-Biſhop of Canterbury Order of thç
concerning his payment of Poll-mony, It was Ordered, To be left.to be the Arch-Bi-
paid according to the Ad of Parliament.
ſhops paying
Poll-Money.
Vol. II.
Ddd 2
The
This
1
1 641.
Rerolves of
thic Lords
the Court at
A Salvo for
M
the Court of
388 An Impartial Gollection of all the memorable Events
July, The Houſe for freer Debate was put into a Committee to conſider of
the Court of York, and to give judgment herein s and after much De-
bate the Houſe was reaſſumed, and it was
Reſolved upon the Queſtion by the Major Part, That the Commiſion
concerning
and Inſtructions, whereby the Preſident and Council of the North exerciſe
a Juriſdiétion, is Illegal both in the Creation and Execution.
York.
Reſolved, &c. That this Commiſſion and Inſtrutions is unprofitable to
His Majeſty
Reſolved upon the Queſtion, Nemine Contradicente, That this Commiſ-
fion and Inſtructions is inconvenient and grievous to His Majeſties Subjects
of thoſe Parts.
Reſolved upon the Queſtion, Nemine Contradicente, That this Houſe
doth joyn with the Houſe of Commons in beſeeching His Majeſty, that the
Preſent Commiſſion and Inſtructions may be revoked, and no ſuch granted
for the Future.
Emorandum, This Houſe doth declare, ſeeing the Commiſion and
the Judges of
Inſtructions of the Court of York is Illegal in the Creation and
York.
Execution, that the former Judges in the Court of York, who have given
Judgement, and proceeded as they thought in their conſciences upon True
and Legal Grounds, ſhall not be liable to be Queſtioned, but in caſe of In-
juſtice;
and that none in that caſe ſhall be barred of their Appeal. And
if it appear that there is a Neceſity for the Eaſe of that Country to have
á Court, this Houſe will adviſe with the Houſe of Commons, how one may
be Eſtabliſhed by Law, for the Eaſe of thoſe Parts.
And the Earl of Elex, Earl of Briſtol, Viſcount Say and Seal, Bifhop
of Lincoln, Lord Wharton, Lord Kimbolton were appointed to prepare
Heads for a Conference with the Commons concerning the aforeſaid
Particulars, that ſo the Perſons that were Judges, and the Acts of that
Court may have a Saving for them.
If humane Bodies and Minds are ſubject to the ſecret Influences of
the Heavenly Bodies, certainly · England and the reſt of the Brittiſh
Dominions, were at this time under the Aſpects of ſome Violent and
Malignant Configurations, and there ſeemed to be an Univerſal Inclina-
tion in the People every where to Tumults, Mutinies, Violence and In-
juſtice, the Lords Houſe was full of Complaints of the Diſorders of this
Nature, throwing up Incloſures, and diſturbing the Poſſeſſions of others,
and that not ſingly, but by Multitudes
, and with ſuch Arms as Ruſticks
are wont to make Uſe of upon ſuch Occaſions of their Madneſs : And
of this the Lords were fo ſenſible, that they made this following
Order.
WHereas daily Complaints are made unto this Houſe of violent breaking into
Poſeſlions, and Incloſures in Riotous and Tumultuous manner in ſeveral
ning Violent parts of this Kingdom,without any due proceedings by Courſe of Law to warrant
and Tumultu- the fame, which hath been obſerved to have been more frequently done ſince
ous breaking this Parliament began, then formerly, it is thought fit and fo Ordered by the
Lords in Parliament, That no Incloſure or Poffeſfion ſhall be Violently and in a
fions, July 13. Tumultuous manner diſturbed or taken away from any man, which was in Poller-
1641.
fion the firſt Day of this Parliament, or before, but by due Courſe and form of
Law, and that ſuch Poſſeſſions of all men ſhall continue and remain unto them
Order of the
Lords concer-
into Poſler.
as
14
from the Scotch Rebellion to the Kings Murtber. 389
July,
I 6
41.
as they were on the firſt Day of this Meeting of Parliament; unleſs it have been
or ſhall be by ſome Legal way of proceeding in ſome of His Majeſties Courts of
Law or Equity, or by Tome Act or Order of the Parliament determined or ordered
to the Contrary.
And in all ſuch Caſes where any ſuch unlawful diſturbance of the quict Pollef
ſion of any man hath happened or ſhall happen, the High Sheriff of the County
ſhall have Power by virtue of this Order together with two of the Juſtices of the
Peace of the ſaid County next or near to the place, and ſuch other or others as
he or they ſhall think fit to take with him or them, to repair unto the place where
ſuch Tumults happen to be, and appeaſeand quiet the Pofeſſion of the ſaid Lands
and Incloſures ſo diſturbed as aforeſaid, and ſhall fee to and cauſe that the PoſTeſi-
on be continued unto the preſent Owners as aforeſaid, until by a Legal Courſe in
ſome Court of Law or Equity, or by order of Parliament it be determined;
or Ordered to the contrary.
way
theStar-Cham-
ber.
· The Lord Biſhop of Lincoln Reported, That the Lords Committees appointed Report about
to Conſider of the Petition of the Officers of the Star-Chamber, have fully heard the officers of
their Cauſe; and they are of Opinion, and do not conceive of any fitter
of Relief for theſe Poor Officers the King's Servants, then to remit them to the
King's Mercy, that His Majeſty would be Graciouſly pleaſed to allow a Propor-
tionable Relief for theſe Poor men, out of ſuch Fines as may accrue unto His
Majeſty in the High Court of Parliament, to be apportioned by the Lords of
the Committees or otherwiſe as their Lordſhips ſhall be pleaſed to approve there-
of, and Order it.
Upon Report this Day made unto the Houſe by the Right Honourable the Report about
Lord Seymour, that the difference between the Pariſhioners of St. Thomas the the Riorers ac
Apoſtle, complained of to the Lords in Parliament, was compoſed by his Lord, Apoſtle's in pul-
ſhip to whom the buſineſs was referred; It is Ordered by the Lords Spiritual and ling down the
Temporal in the High Court of Parliament Aſſembled, that the ſaid difference Rails.
together with the Cauſe depending before their Lordſhips, ſhall by virtue of this
Order be fully ended and determined, and Laſtly, that John Blackwell ſhall for
himſelf & others Petitioned againſt forthwith pay unto the Overſeers of the Poor
of that Pariſh upon ſight hereof, to the uſe of the ſaid Poor, the full Summ of
ten Pounds of Lawful Money of England, and hereof they are not to fail as they
will anlwer to the contrary.
{
There being a Report ſpread abroad that His Majeſty intended to Tueſday,
ſend the Lord Digby abroad under ſome honourable Character, and as July 13.
was ſaid, Ambaſſadour into France; his Enemies in the Houſe of Com-
mons being extreamly nettled at it, were reſolved, if poſſible, to ſet a
brand of Infamy upon his Lordſhip, and therefore not content to have
diſgracefully Expelled him out of their Houſe, they revived his Dormant
Speech concerning the Attainder of the Earl of Strafford: And not-
withſtanding that tender point of freedom of Speech, which he might
well plead as a Member of that Body,where it is allowed to all Men to
ſpeak according to their Conſcience, yet upon the Debate of it they pro-
ceeded to theſe Votes.
Reſolved, &c. That the Lord Digby's Speech upon the Bill of Attain- Votes about
der of Thomas late Earl of Strafford, contains matters Untrue and Scan-
the Lord Dig..
by's Speech
dalous, and that the Printing and Publiſhing of it is a Crime.
againſt the
Reſolved, &c. That Sir Lewis Dives, and John Moor, and Thomas der of the E.
of Strafford.
Parſton the Printer are Delinquents for Priniing and Publiſhing the ſaid
r
Bill of Ar:ains
Speech. .
Ordered to be
Ordered, That the Lord Digby's Speech be burnt by the hand of the burnt by the
Common Hang-man, on Friday in the Palace-Yard, Cheapſide, and Smith- Hangman.
field;
1
390 An Impartial Collection of all the memorable Events
Fuly, field ; And that theſe Votes be transmitted to the Lords for their Concur-
1 641. (rence; and that the Lords be moved to joyn with this Houſe to Petition
His Majeſty, That he would be pleaſed to forbear to confer any honour
upon the Perſon of the Lord Digby, who hath deſerved jo ill of the Par-
liament.
Wedneſday, An Order for the ſpeedy raiſing the Mony for disbanding the Army
The word Prin according to the Act of Parliament, was this day Ordered by the Houſe
ting of the Or- of Commons to be Printed by the King's Printers.
The Order following, about the Lord Digby's Speech, to be preſen-
ted to their Lordſhips at a Conference.
ders of the H.
of Commons.
Orber about
the L. Digby's
Speech.
W:
Hereas upon the 21 of April laſt paſt, there was a Speech ſpoken
in the Houſe of Commons at the palling of the Bill of Attainder
of Thomas Earl of Strafford, by the Lord Digby then a Member of the
Jaid Houſe ; the which Speech contained in it matters Untrue and Scan-
dalous, as they have reference to the Proceedings of the Committees of the
Lords Houſe, and this; and to the Evidence of the Witneſſes produced
in that Cauſe : And whereas the ſaid Speech was publiſhed by the Lord
Digby, afier the ſaid Bill of Attainder was palt by Vote in this Houſe,
and after that great offence was- taken to the ſaid Speech, and the fame
queſtioned in the Houſe, to the ſcandal of the Proceedings of this Houſe ;
and is fince come forth in Print to the ſcandal of the Proceedings of His
Majeſty and both Houſes of Parliament : It is therefore this day Order-
ed by the ſaid Houſe, That all the ſaid Books ſo Printed ſhall be publick-
ly burnt on Friday next, part of them in the New Palace-Yard at Weſt-
minſter, the other part of them in Cheap-ſide, London, and the reſt in
Smithfield, by the hands of the Common Hang-man. And to, that pur-
poſe the Bailiff of Weſtminſter, and the Sheriffs of London and Middle-
ſex reſpectively, are hereby required to be Alliftant to the effettual Exea
cution of this Order, and ſee the Said Books burnt accordingly. And it is
alſo Ordered by the ſaid Houſe, That the Maſter and Wardens of the
Company of Stationers, do their utmoſt endeavours to collect all the ſaid
Books into their hands, remaining now diſperſed among their Company
and others, and forthwith deliver
them to one of the Sheriffs of London
to be burnt according this Order. And all others who have any of the ſaid
Books, are hereby required forthwith to deliver them to one of the She-
riffs of London or Bailiff of Weſtminſter, as they will undergo the dif-
pleaſure of this Houſe in doing the contrary, to be burnt according to this
Order.
1
1
Mr. Whittacrc
the Tower.
The ingroſſed Articles againſt the Bishop of Ely were read.
Upon his Petition and Submiſſion to the Houſe Mr. Whittacre was
releaſed from this day diſcharged from his Impriſonment in the Tower.
Mr. Pym Reports the Conference with the Lords about the Queen's
Pync Boportsce Journey. That the Lords had agreed to the Propoſitions, and had re-
about the ſolved to ſend a number of their Houſe to deſire His Majeſty to be plea-
Journey to the
ſed to appoint ſome time, when ſuch a certain number of both Houſes
Spaw.
as he ſhall think fit may attend him touching this buſineſs; and that
if he pleaſe the Queen to be prefent,
The Lords appointed to wait upon the King, to know his pleaſure
herein, were Lord Steward, Lord Chamberlain, Earl of Bath, Earl of Bed-
ford, and Earl of Elex:
Anl
T
}
from the Scotch Rebellion to the King's Murther. 391
An Act for the Confirmation of the Subſidies granted by the Clergy, Fuly,
was this day read ; the Bill was once read, the Preamble and Confirma-
I 6 41.
tion was read 3 times : And afterwards being put to the Queſtion, it
Bill of Subfia
was conſented to paſs Nemine Contradicente.
dies granted
Then the Confirmation being Subſcribed by the Clerk of the Parlia- by the Clergy,
ment Soit baille aux Comuns, it was ſent down to the Houſe of Com- | Lords and car-
mons by Serjeant Whitfield and Serjeant Finch to paſs there.
A Meſſage from His Majeſty by the Lord Chamberlain to acquaint the commons.
Thurſday
the Lords, that he appoints to meet both Houſes at Four of the Clock
July 15.
this day in the Banquetting-Houſe about the Queen's Journey, which
was at a Conference communicated to the Commons.
ried down to
CG
CC
y one
Our Majeſties Loyal Subjects the Lords and Commons taking Heads of the
notice of an Intention of the Queen's Majeſty to paſs beyond Addreſs to
the Seas, whereby the Kingdom will be deprived of the comfort of Quecos four-
Her Majeſties preſence; they have thought good to expreſs their ney.
« humble Duties and Affections to Your Majeſty, and to the Royal Per-
“ fon of the Queen, in ſome Conſiderations which they do now preſent
unto You, as they conceive very important for the good of this King-
dom, and the ſafety and contentment of Her Majeſty, whoſe Honour
and Happineſs ſhall always have a chief place in tlieir Eſtimation,
“ which Conſiderations are theſe following.
Ī.
(
Firſt there is great Cauſe to doubt left the Papiſts have ſome Deſign
upon Her Majeſties Journey, becauſe the Houſe hath been informed,
that divers of them have fold off their Lands to a great value, and uſed
“ other means to get ready mony.
It is obſerved ſome of them have been very diligent, gathering
great quantities of Gold.
3.
It is informed that more then ordinary numbers of Papiſts are
gone beyond Sea already, and thoſe of the better fort.
2.
CS
II.
.
“ The great number of Engliſh Fugitives now beyond the Seas, who
by their late Deſigns and Practices are known to be full of Malice
to the State, and will no doubt ſeek all opportunities of acceſs to Her
« Majeſty, and as much as they can labour to infuſe into her, ſuch evil
“ Counſels as may trouble the Peace of the Kingdom, whereof at this
« time there is more danger, becauſe the Affairs of the Kingdom are not
yet fully ſetled, and upon the Disbanding the Army all Parts are like
to abound with Soldiers, and ſuch others, as will be apt to be provoked
to Tumults and Seditions, cſpecially in the time of the King's abſence
" in Scotland.
(C
CC
1
III.
+
That the Houſe of Commons have received Information of great
quantities of Treaſure and Jewels, Plate and Ready-mony packt up, to
be conveyed away with the Queen, not only in ſuch a proportion as
the preſent occaſions with due reſpect to Her Majeſties honour may
“ ſeem to require, but a far greater quantity; and that divers Papiſts,
and others, under the pretence of Her Majeſties Goods, are like to con-
vey
.
1
:
392
An Impartial Collection of all the memorable Events
vey great Sums of Mony and other Treaſure beyond the Seas, which
will not only impoveriſh the State, but may be employed to the fo-
menting ſome miſchievous attempts, to the trouble of the publick
11
Fuly,
| 641.
L
« Peace.
•
IV.
A pretty odd
contradi&ion
to the third
Reaſon,
« That as it will be a great diſhonour to the State, if her Majeſty
ſhould not be Attended and Furniſhed ſuitably to her Quality, ſo it
“will be a very heavy burden in this time ofgreatNeceſſity,and occaſion
of other publick Charges, if ſhe ſhall be provided in fo Royal. a man-
ner as ſhall be fit for Her Majeſty, and the Honour of the King and
Kingdom.
V.
CC
:
C
That becauſe we underſtand by Sir Theodore Majern, that the chief
cauſe of her Majeſties Sickneſs and Diſtempers proceed from ſome
"diſcontent of her mind ; the Houſe of Commons have thought good
" to declare, That if any thing within the power of Parliament can
give Her Majeſty contentment, they are ſo tender of her health, both
due reſpect to His moſt Excellent Majeſty and Her Self ; that they
“ will be ready to further her ſatisfaction in all things
, ſo far as may
ſtand with that Publick, to which they are obliged.
16
c
in
06
VI.
CC
3
That the Houſe of Commons conceive it will be fome diſlioniour to
" this Nation, if Her Majeſty ſhould at this unfeaſonable time go out
of the Kingdom, upon any Grief or Diſcontent received here, and
“ therefore they ſhall labour by all good means to take away and pre-
verit all juſt occaſion of Her Majeſties trouble, in ſuch manner as may
further Her Content, and therein Her Health, which will be a very
great Joy and Comfort both to them and the reſt of His Majeſties
loving Subjects to ſee.
All which they humbly recommend to Your Majeſties Princely
Wiſdom, beſeeching Your Majeſty, that by Your allowance they
may repreſent their humble deſires at ſuch time, and with ſuch num-
“ ber of both Houſes, as Her Majeſty ſhall pleaſe to appoint.
Friday,
1
July 16.
Six Lords and Twelve Commoners appointed to attend Her Maje-
ſty at Three of the Clock this Afternoon.
Mr. Hollis Reports the Conference with the Lords about what was
to be offered to the Queen to put off her Journey, which was as fol-
lows.
A
T
The Meſſage
ſpoken to the
Queca about
her Journey
He Lords and Commons taking notice of Tour Majeſties Intention to
paſs the Seas by reaſon of Tour indiſpoſtion, whereby the Kingdom
will be deprived of Tour Majeſties preſence, and divers other great In-
conveniences to the State may thereupon enſue'; which yeſterday both Hou-
ſes of Parliament did moſt humbly repreſent into the King, and withal Pe-
titioned for this Acceſs unto Tour Majeſty, that ſo they might expreſs un-
to Tour Self their hearty ſorrow for Tour Majeſties Sickneſs, and moſt
earneſt deſires to perform any Duty whereby they may be ſerviceable for
the Recovery of Tour Majeſties Healih : And becauſe they have been in-
formed by Sir Tlieodore Mayern that this indiſpoßtion proceeds from
ſome
1 641.
from the Scotch Rebellion to the King's Murther. 393
ſome inward diſcontent of Mind, the Lords and Commons have thought Fuly,
good to declare, that if any thing within the Power of Parliament may
give your Majeſty contentment, they are ſo tender of your Majeſties Health,
both in due reſpect to His Majeſty and Your Self, that they will be ready
to further your Majeſties Satisfaction, in all things ſo far as may ſtand
witb the Públick Truſt, to which they are obliged.
And beſides, they humbly conceive, that it may be ſome diſhonor to this
Nation, if your Majeſty ſhould in this unſeaſonable Time go out of the King-
dom, upon any Grief or Diſcontent received here ; and therefore they shall
labor by all good 'Means, to take away and prevent all ſuch juſt Occaſions of
your Majeſties trouble in ſuch manner, as may farther your Majeſties Con.
textment, and therein your Health, which will be a very great Comfort
and Joy to themſelves and the rest of His Majesties loving Sub-
jeéts.
It was this day Ordered, That Mr. Pym being ſued for Tithe Wood, Saturday July
Shall have the Priviledge of Parliament, and that Lewis Luſhford and 27.Ordered to
others, the Solicitor and Attorney on the other ſide, be hereby enjoyned to gainfMr.Pym.
for bear to Proſecute, or further to proceed in that Suit, or any other that
concerns the ſaid Mr. Pym.
4
1
Mr. Hollis Reports the Queen's Anſwer in-hæc verba.
I
Give many Thanks to both Houſes of Parliament, for their great Care The Queens
of my Flealth, and their Affections to Me, hoping I ſhall ſee the Ef-lords and
fects of it. Truely nothing but my Health, could have made Me to reſolve Commons.
of this Journey, and if I thought I could ſerve the King and this King-
dom with the hazzard of my Life I would do it, and I hope you believe I
have so much Intereſt in the Good of this Kingdom, that I ſhall never
wiſh any thing to the prejudice of it.
Tou will Pardon the imperfe&tneſs of my Engliſh, I had rather have
Spoken in an other Language, but I thought this would be moſt accepta-
ble.
Church re-
tence.
It was this Day in the Houſe of Lords Ordered, That thoſe Perſons | The Perſons
that were ſentenced by the Houſe, for Violently breaking down the Railes that pulled
in the Pariſh Church of St. Saviors Southwark, ſhall upon their Petition Railes in St.
to this Houſe deſiring their Lordſhips Favor, and humbly' acknowledging Saviors
the Sentence of this Houſe to be Fuſt, upon them their Miſdemeanors in that. Icaled.
Buſineſs, be releaſed out of their preſent Impriſonment for the fame. And in
regard they are of that Poverty, that they are not able to ſet up the Railes
again at their own Charges, this Houſe doth remit that part of the Sen.
A Meſſage was brought from the Houſe of Commons by Sir John 3 Bills brought
Holland, who preſented three Bills which had paſſed that Houſe. up by Sir Fobne
Holland, i for
(1) 'An A&t for the Security of the true Religion, which they deſired fecuring Proc-
Expedition of
ftant Rcligi-
An Act concerning the Limiting and bounding of Forreſts.
(3) An At for Jolin Eggars Free-School at Acton in the County of
Southampton.
And to deſire a Conference by a Committee of both Houſes, at ſuch time
as their Lordſhips ſhall pleaſe, touching the tranſmiſion of the Charge a-
gainſt Biſhop Wren, and concerning Inego Jones for pulling down St. Gre-
gories Church.
Mr.
on, &c.
2
1
1
Еее
1
1
1
1
Venetian Am-
baſſadors,
Bill about the
Marches of
Wales.
Bill for Billet
394 An Impartial Collection of all the menorable Events
Fuly,
Mr. Pym reports from the Committee for the 10 Propoſitions, a Pa
1641. per being a Meſſage from the King in hac verba.
His Majeſty hath commanded Me to tell you, that upon a Com-
.
Munday Fuly 19 plaint of the Venetian Ambaſſador for the impriſoning of a Prieſt, be-
the King about ing His Majeſties Subject, he thinks fit that theſe two Things be
a Prieſt of the done.
Firſt, That all Ambaſſadors ſhould have it declared to them in His
Majelties Name, that they retain no Prieſts Natives of any of His Ma-
jeſties Dominions.
Secondly, That the Prieſt belonging to the Venetian Ambaſſador,
be preſently ſent out of the Kingdom, and not to return again, but at
his Peril.
This l'avour His Majeſty thinks fit to ſhow the Venetian Ambaſſa-
dor, ſeeing the particular Perſon, as His Majeſty is informed, hath been
his Servant theſe three Years, and was brought over with him when
he came; the Ambaſſador being ignorant of the Laws of the King.
dom.
Whereupon it was Ordered, That the Committee of Ten, inform
themſelves of the truth of the Ambaſſadors Complaint, and the State of
the Caſe.
A Meſſage was brought from the Commons by Sir Robert Harlow,
who alſo brought up a Bill wḥich had paſſed that Houſe, for freeing
five Counties from the Jurisdiction of the Marches of Wales.
Mr. Bellaſis alſo brought up another Bill, which had paſſed the Houſe
Money, &c.
of Commons, Entituled an Act for ſecuring of ſuch Monies, as are or
ſhall be due to the Inhabitants of the County of Tork, and the other
Counties adjoyning, wherein His Majeſties Army is, or hath been Bil-
letted, for the Billet of the Soldiers of the ſaid Army, as alſo to certain
Officers of the faid Army, who do forbear part of their Pay, accord-
ing to an Order in that behalf in the Commons Houſe of Parliament
this preſent Seſſion, for ſuch Uſe of their parts as they ſhall for-
bear.
The Earl of Bristol Reports from the Committee of both Houſes for
the Ten Heads, That the Houſe of Commons have preſented to their
mer Propofiti-
Lordſhips five Propoſitions, which they deſire may be added to the
ons July 20.
other Ten Heads, and that their Lordſhips after conſideration of them
would joyn with them to move His Majeſty therein: the Heads were
theſe, viz.
I.
The Hauſe of Commons doth declare, That no Forreign Ambaſador what
ſoever ought to Shelter or harbor any Popiſh Prieſts or feſuits, that are
Natives of the Kings Dominions, under pretence of being their Servants or
otherwiſe, and that the ſelect Committee of their Houſe for the Ten Pro-
poſitions, ſhall preſent this Declaration to the Committee of this Houſe, to
the end that their Lordſhips may joyn with them to Petition His Majeſty,
that this may accordingly be obſerved.
II.
That Care may be taken concerning ſeveral Commiſions, granted for the
Levying of Men in Ireland to the number of Fourteen Thouſand Men, as is
informed and all of them Papiſts, to the end to be tranſported, as is conceiv-
ed, to Princes not well affected to this Kingdom; and that Popiſh Com-
manders may not have ſuch Power by Commiſions, as is of late granted to
them.
ALCO
Five new
Heads added
to the Ten for-
1641.
1
1
4TH
it
I
CH
T
9
1
194
JR
!!
11
L' Pil, il
yil
14 1,1K
I 641.
from the Scotch Rebellion to the King's Murtber. 395
III.
July,
Alſo that no Papiſt hereafter may have the keeping of any Caſtle, Fort,
Chace, Forrest, Park or Walk within England and Wales, and that ſuch
as are in Poffeffion may be outed according to Lav.
IV.
That the King be moved to let the Houſe of Commons have ſuch Gun-pow-
der out of His Majeſties Stores, as may be ſpared, and they will pay
after the rate of ten Pence per Pound for it, as ſoon as they can get Mo-
nies.
V.
li
5
/
Olaves relear.
ed.
Arid laſtly, To move His Majeſty, that the Arms which have been ta-
ken from the ſeveral Counties, may be reſtored to them, and if His Ma-
jefty can ſpare any Arms out of His Store, they will buy them.
Hereupon the Lords taking theſe five Propoſitions into conſideration,
Ordered,“ To joyn with the Houſe of Commons humbly to move His
Majeſty, that he would pleaſe to Aſſent to them. To this purpoſe Earl
of Elex, Earl of Warwick, Earl of Cambridge, Earl of Briſtol, Viſcount
Say and Seal, were appointed to attend His Majeſty for His An-
fwer.
After whịch William Smyter; William Shepheard, Toby Gratwick, Rioters at St.
George Ewer, Hugh Barcok, Thomas. Low, George Pitcher and Edward
Symonds, upon their Humble Petition and Acknowledgment of their
Misdemeanors in the Tumult at St. Olaves and St. Saviors, were releaſ-
ed from their Impriſonment.
A Conference having been had with the Lords about the French Am- Tueſday,
baffadors, deſire to have ſome of the disbanded Troops Sir John Culpe-July, 20.
per Reports, That the French Ambaſſador had waited upon His Maje- fador delires
ſtys to deſire, that upon disbanding of the Engliſh Army, he might tohave theDis-
have liberty to carry ſuch Men over for his Maſters Service, as he could
agree with; and that His Majeſty had told him that he would give no his Maſters
Anſwer, till he had acquainted the Parliament, with it. Whereupon it Service.
was Ordered, That the Houſe ſhould conſider of it on Thurſday Morn
ing
The engroſſed Articles againſt the Biſhop of Ely, were this Day car-
ried up to the Lords by Sir Thomas Widdrington, who at the reading of
them, madethis following Oration to blacken the Lawn Sleeves, which
was then the greateſt. Perfection of Eloquence, and of Religion to be
highly uncharitable..::
.
banded Ene-
liſh Army for
is :
:
.
A
;
Sir Thomas
M
My Lords, I am.commanded by the Knights, Citizensand Burgeſſes now Aſembled
for the Commons in Parliament, to deliver to your Lordſhips theſe Articles againſt
the Biſhops of Ely.
,
May içpleaſe your Lordſtips first to hear them read.
Y Lords, Theſe Articles aredipped in thoſe Colours, in which this Biſhop widdrington's
rendred himſelfto the Dioceſs of Norwich; they need no Gloſs nor Var- Speech at the
niſh. In them you may behold the ſpirit and diſpoſition of this Biſhop; hear reading of the
the groans aud cryes of the People; ſee a Shepherd ſcattering, (I had almost Articles againſt
faid) devouring his own Flock. He that was deſired to paint Hercules, thought Ely
, 20 1641.
he had done enough, when he had made a reſemblance of the Lyons Skin, which
he was wont to carry about him, as a Trophy of his Honor.
I will ſay that in theſe you will not find a reſemblance of the Lyons Skin, I am
ſure you will find the reſemblance of the Skins (that is to ſay ) the tattered and
Eee 2
ruin'd
1
-
..
1
IM
IM
! I
TIL
.
il'
ملي ارله یا
+
។
T +
:'
+
396 An Impartial Collection of all the memorable Events
IN
AL
1:1
Jüly;
i641.
ceſan.
1
ruin'd Fortunes of Poor Innocent Lambs, who have extreamly ſuffered by the
violence of this Biſhop.
In the year 1635, this man was created Biſhop of Norwich, he is no ſooner
there, but he marcheth furiouſly.
In the Creation of the World, Light was one of the firſt productions; the
firſt viſible action of this Biſhop, after his Creation into the See, was to put out
many burning and ſhining Lights, to Suſpend divers Able Learned and Conſci-
entious Miniſters; he that ſhould have been the golden Snuffer of theſe Lights,
became the Extinguiſher; and when theſe are taken away, where ſhall poor Men
light their Candles?
My Lords, this was not all.
He puts out Lights, and ſets up Fire-brands in their places, Suſpends pain-
ful Miniſters, and ſets up Idle Factious and Superſtitious Prieſts, ( to uſe their
own Language ) in their places, yet is it the Fortune of theſe Men at this time,
like Rivers in thc Ocean, to be buried in the extream activity of their Dio-
He made a Scourge, not of ſinall Cords, but of new Injunctions and nume-
rous Articles,tyed about with a ſtrong twiſt of a Moſt dangerous Oath ; and with
this he whips not out Buyers and Sellers, but the faithful diſpenſers of the Word,
out of their Churches, out of their Eſtates, out of their dear Countrey..
This Noah( if I may ſo call him without offence ) as ſoon as he entred into the
Ark of this Dioceſs, he ſends, nay forces Doves to fly out of this Ark; and when
they return unto him, with Olive Branches in their Mouth's of Peaceable and
Humble Submiſſions, he will not receive them into this Ark again; unleſs like
Ravens they would feed upon the Carrion of his new Invention, they muſt
not have any footing there ; he ſtands as a flaming Sword to keep ſuchout of his
Dioceſs.
My Lords, unleſs he had done this, he could never have hoped to have brought
that great Work he undoubtedly aimed at to any perfection.
Whilſt the Palladium of Troy ſtood, that City. was impregnable ; the Greeks
had no ſooner ſtollen that away, but they inſtantly won the City; so then he
firſt put out the Candles, then was the opportunity to ſhuffle in his works of dark-
neſs: he firſt beats of the Watch-men and Seers, then was like to follow that,
which the Impiety of ſome was pleaſed to ſtile, The Piety of the times.
This being done, He then begins to dreſs out Gods Worſhip according to his
own fancy : this he expreſſethin Injunctions and Directions, the Minerva's of
his own Brain, we find them ſtiled, Regales Injunctiones Dom. Epiſcopi : a Stile too
Sacred to Baptize his Brats withal; I Ihall be bold to call them, Tyrannicas In-
junctiones Dom. Epiſcopi : Stories afford not a more Barbarous Cruelty, then to
joyn a Dead and a Living Body together, the one is miſerably killed with the
Itinch of the other.
This Biſhop, who like Aaron, ſhould have ſtood between the Living and the
Dead, hath joyned to lively Ordinances, many Dead and Venemous Ceremonies,
which have no other Life, than what they received from the Breath of his In-
junctions, and theſe are preſſed upon the Conſciences, even theſe muſt be obſer-
ved as Moral Laws.
An Arbitrary Government in the Church is more dangèrdus, more grievous,
than that in the State; this is excerciſed upon Mens conſciences, the moſt tender
parts, and is the very Pinacle of Tyranny, and of all other moſt intolerable;
That'blow which will hardly be felt by the Arm, will put out the Eye.
My Lords, in the time of King Rich. 1. one of this Man's Predeceſſors,a Va-
liant Biſhop went into the Holy War; this Biſhop hath raiſed a Warat Home,
in his own Dioceſs; a War not againſt Sarazens, Barbarians, Turks, or
but againſt good and well diſpoſed People; I know not what ſtile to give this
War : without doubt (my Lords ) this was no Holy War.
The Weapons of this War-fare were 28 Injunctions, 13:9 Articles, containing
879 Queſtions.
The Soldiers were Chancellors, Commiſſaries, Officials, Commillioners, Ru
ral Deans,' &c.
Himſelf Commanded in Chief.
The
I
Infidelsa
#in.
11
11
---
M'ni
#7:14
M
매
​11
++
w
1
HI
1
M
91-
i
!
I 6 419
::
11
1
I.
1
11:
12
1
11
by any.
+
from the Scotch Rebellion to the King's Murther. 397
The ways of Aſſault and Killing, were by Excommunications, Suſpenſions, De Fuly,
privations, I ſtay here: mille modis morimur mortales.
The Magazine wherein all theſe were Originally hatched and lodged, were
the Superſtitious and Malicious Breſt of this Biſhop.
This Dioceſs was the Stage where the direful Tragedies of this War were
acted by the ſpace of two years and upwards.
Thus did he trouble Ifrael in the time of Peace, nay, by theſe he put ſome of
the Chariots and Horſe-men of Iſrael to flight, out of theſe he raiſeth a “Farmı of
Soo Pounds for his primary Viſitation ; if it be conſidered cum pertinentiis, it was
not dear,yet well improved, for formerly but 40 Pound in the time of ſome of His
Predeceſſors.
Will it pleaſe your Lordſhips with patience, to caſt your Eyes upon the Mo-
del of this Biſhop's Zeal, Piety and Religion : Let his affection to Prayer and
Preaching, ſpeak for all the reſt
.
Firſt, for Prayer. It was his hap to find a Prayer which is no Prayer, pretended
to be preſcribed by a Canon which is no Canon,and I mean the 55 Canon ſet forth
the year 1603& no other Prayer muſt be uſed in his Dioceſs before Sermon. That
Monſterof conceivedPrayer(pardon the expreſſion, it is not my own) ſeemed as bad
to him, as a Spellor Charm.It muſt not be uſed upon any occaſion; without doubt
he would never have
been ſo ſtrait Laced, and ſevere in this particular, if he had
but dreamed of that ſtrait which a Miniſter, a Friend of his was put unto by this
means; the ſtory is ſhort. A Butcher was gored in the Belly with an Ox, the
Wound was cured, the Party deſired Publick Thanksgiving in the Congregation,
the Miniſter finding no Form for that purpoſe reads the Collects for Churching
of Women.
Next for Preaching. That he is moſt able in his kind, is agreed by all. But
tlat he ever Preached himſelf in his Dioceſs ſaving once, I never heard affirmed
His next care was that others ſhould not Preach too often ; ifthey did, they
muſt be put into his black Bill: He changed that golden Sentence of va mihi fi non
pradicavero into va aliis fi predecaverint; he was ſo far from the practice of St.
Paul, the great Preacher of the Gentiles, who, we read, Preached till mid-night,
that there muſt be no Sermons in the Afternoon; there may be, nay, there muſt
be ſports and paſtimes then. And as if he had ſtood in fear of the Inarticulate Lan-
guage of Bells which might foretell a Sermon, he cannot endure to hear the noiſe
of a Sermon in the toll of a Bell,
In a Word; he adorned Churches at the charge of other Men, and ſpoyled
Pulpits, which ought to have been the greateſt part of his own charge.
My Lords, you have now preſented to your Lordſhips a Brother, nay, one
whoſe place engaged him to bea Father of the Clergy, yet one who, like Joſephs
Brethren, hath taken the Coats from Joſeph, nay they were forced to fly from
him, as Joſeph from his Miſtreſs, or elſe they muſt taſte of his forbidden Wa-
ters; but in their going away he rents their Skirts, nay their whole Garments,
and Lively-hoods from them; he hath taken the Locks from many Sampfons, and
done what he could to put out their Eyes, and to make them grind in the Mill of
liis pernicious and dangerous Innovations.
He ſhould, like Moſes, have led his flock. Moſes led the Children of Iſrael
thorow the red Red Seaż this man drives part of his flock over the Sea, but
Like Nimrod, he hath invaded the Laws and Liberties of the Subject ; he hath
been as great a Rober as ever was preſented to your Lordſhips; He hath Robbed
the King of his Subjects, the greateſt glory of Kings; the Kingdom of Trade,
of Tradeſmen, the Supporters of it.
He that deprives the King of onc Subject, you know his puniſhment ; and
what ſhall be the puniſhment of him who hath Robbed the King of ſo many Sub-
jects?
In the time of King Henry the Third, we find a Tenant in Dower puniſhed in
16 H. 3. F.
Action of Waſte, becauſe ſhe had deſtroyed two rich Villains and made them
Beggers.
I appeal to your Lordſhips; what is his offence who hath commmitted ſo much
wilful Waſte and Spoil,Beggered Hundreds, not Villains, but Free-born Subjects.
He
A
1
1
2
went not himſelf.
>
waſt. I 28.
1
2
A
1
ul
1
-
398 An Impartial Colle&tion of all the memorable Events
July,
He Robbed the Souls of that ſweet Mannah which is pabulum animarım, the
Word of God.
I 641.
My Lords, I have not yet recounted all his Robberies; he hath Robbed God
of part of his Day, makes part of that, a Day of ſports; he hath Robbed his
Subjects of their indubitable Birth-right, the Laws of the Kingdom.
The Citizens of Norwich muſt pay Tithes for their Rents of Houſes; there's
no Law in England, nor Cuſtom in Norwich for it :Nay & that they may be ſure to
be Robbed of Jaſtice too, the ſuit for theſe Tithes muſt be in his own Conſil-
tory, from whence there muſt be no Appeal, no Prohibition.
The true Patrons of Churches they are Robbed of their Preſentations,
others who had none or ſmall pretence of right, are admitted upon this unhal-
lowed Maxim, That if he ſhould Inſtitute thoſe who had right, the pretender was
withoat remedy; by this he inverted a Fundimental Law of this Nation, to in-
velt remcdilers Rights with unjuſt Poſeſſions.
(My Lords) I cannot tell you all, but you can meaſure a Lyon by the Paw,
Tam commanded to lay this great Malefactor at your Doors, one who hath
been a great oppugner of the Life and Liberty of Religion, and who ſet a
Brand of Infamy (to uſe his own words) upon Ipſwich Education.
In Summ, one who is a complcat mirror of Innovation, Superſtition, and Op-
preſſion, he is now in the Snare of thoſe Articles, which were the works of his
own Hands.
The Rod of Moſes at a diſtance was a Serpent, it was a Rod again when it
was taken into his Hands; this Biſhop was a Serpent, a devouring Serpent in the
Dioceſs of Norwich; your Lordſhips peradventure will by handling of him, make
hima Rod again; or if not, I doubt not but your Lordſhips will chaſtiſe him
with ſuch Rods, as his Crimes ſhall deſerve.
(My Lords) I am commanded by the Houſe of Commons to deſire your Lord-
ſhips, that this Biſhop may be required to make anſwer to theſe Articles, and
that there may be ſuch proceedings againſt him, as the courſe and juſtice of Par-
liament doth admit..
Articles of Impeachment againſt Mathew. Wren Dostor in Divinity, late Bijfsop of
Norwich, and now Biſhop of Ely.
Hat the ſaid Marshem Wren being Popiſhly and Superſtitiouſly affected, did
The Articles
againſt the Bi-
at his firſt coming to be Biſhop of Norwich, which was in the year 1635.
ſhop of Ely. endeavour by ſundry ways 'and means to ſuppreſs the powerful and painful
Preaching of the Word of God; did introduce divers Orders and Injunctions,
tending to Superſtition and Idolatry; did diſturb and diſquiet the orderly and
ſetled Eſtate of the Miniſters and People, and Churches of that Dioceſs, to the
great prejudice of His Majeſty, the great grief and diſquiết, and hazard' of the
Estates, Conſciences, and Lives of many of His Majeſties Loyal Subjects there,
to the Manifeſt bringing in,and encreaſing of Prophaneneſs, Ignorance, and diſ-
obedience, in the common People (as by the particulars enſuing may appear.)
I.
Whereas many Chancells of Churches, during all the time of Queen Elizabeth,
King James, and of His Majeſty that now is, had laid and been continued even,
and flat, without any ſteps aſcending towards the Eaſt end of the ſame,
and
by the Rubrick in the Book of Common-Prayer, ordered to continue as they were,
and ſo ought to have continued. He, of His own mind and will, without any
Lawful Warrant or Authority, in the year 1636, being then Biſhop of Norwich,
ordered and enjoyned, that the ſame should be raiſed towards the Eaſt-end,
,
there placed Altar-wiſe, "might be the better ſeen of the People.
1
i
arc
2
1
II.
He in the ſame year 1636. Ordered, that the Communion-Table which is
appointed by the ſame Rubrick, at the
time of the Celebration of the Holy
Communion, to be placed in the Body of the Church or Chancel,where Divine
Prayers are uſually read, and where the People might beſt hear, ſhould be ſet
up
1
CHA
4
IH
from the Scotch Rebellion to the King's Murther.
399
Fuly,
1 641.
up cloſe under the Wall at the Eaſt-end of the Chancel Altar-wiſe, and not
to be removed from thence; whereby the Miniſter, who is by the Law to Offi-
ciate at the North-lide of the Talle, muſt cither ſtand and Officiate at the
North-end of the Table ſo ſtanding Altar-wiſe, or elſe after the Popiſh and
Idolatrous manner, ſtand and Officiate at the Weſt-ſide of the Table with his
Back towards the People.
III.
He in the ſame year 1636. enjoyned that there ſhould be a Rail ſet on the
top of the new raiſed ſteps before the Communion-Table, ſo ſet Altar-wiſe
as aforeſaid, which Rail ſhould reach from the South-lide of the Chancel to the
North, within which the Miniſter only ſhould enter, as a place too Holy for the
People'; and ſome of the People were puniſhed for ſtepping into it, as name-
ly Daniel Whayman, and others.
IV.
The more to advance blind Superſtition, he in the ſame year 1636. Ordered
that all the Pews in the Churches ſhould be ſo altered, that the People might
kneel with their Faces Eaſtward, towards the Communion-Table fo fet Altar-
wife as aforeſaid ; And that there ſhould be no Seats in the Chancel above, or
on either ſide even up with the ſaid Table.
V.
He in the ſame year 1936. enjoyned that every Miniſter after he had finiſhed
the reading of ſome part of Morning Prayer, at the Desk, ſhould go out from
the ſame to the Holy Table ſet Altar-wiſe, as to a more Holy place, and there,
when no Communion was to be Adminiſtred, Read at the ſaid Table a part of
the Communion Service, now commonly called the ſecond Service, whereby
the conſciences both of the Miniſter, and People, have been not only very much
offended, and grieved, but alſo the Service it ſelf was made very iinprofitable
to the People, who could not hear what was faid, or prayed in that place.
VI.
That both he in his own Perſon, his Chaplains, and others of the Clergy,
as namely, Mr. John Novell, Mr. William Gueſt, Mr. John Dunckon, and others
following his example,dịd ever after the Table was ſo ſet Altar-wiſe uſe and per-
form ſuch, ſo many, and ſo frequent bowings, and adorations before, and to-
wards the ſaid Table as have been dangerous examples to draw others to the
like Superſtitious geſtures; and have given great Scandal, and offence to the
ſound, ſincere, and well affected Chriſtians.
J
MF
4
VII.
He in the ſaid year 1636. enjoyncd all the People to come up to the Rail to
receive the Holy Communion, and there kneel, and do Reverence before the
Holy-Table placed Altarwiſe ; And gave directions to the Miniſters, not to ad-
miniſter the Communion to ſuch People as ſhould not ſo come up, and do ſuch
Reverences as aforeſaid, and that the Miniſter ſhould within the Rail deliver the
Bread to ſuch People only as ſhould ſo come up and kneel before the faid Table
as aforeſaid. This was to the offence of the Conſciences of many good People,
who for fear of Idolatry and Superſtition, durft not come to kneel at the ſaid
Rail before the Table ſo placed Altar-wiſe, and many people not coining up
thither, though preſenting themſelves upon their Knees in Chancel
, have not
had the Communion delivered unto them, and afterward for not receiving have
been Excommunicated, as namely, John Shyming, Samuel Duncknon, Peter Fills-
er, Thomas Newton, Edward Bedwell, Edmund Day, John Frowar , 'and many
others.
VIII.
He did in the ſaid year 1636. enjoyn and command that there ſhould be no
Sermons on the Lodrs Dayes in the afternoon, or on the Week Dayes at all,
without his Licenſe. And alſo enjoyned that there ſhould be no Catechiſing,
but only fuch Queſtions and Anſwers, as are contained in the Book of the Com-
mon-Prayer. Not allowing the Miniſters to expound or open the points of the
fame to the People. Heand his under-Officers affirming in publick places, that
fuch
:
1
TU!
HUM
TH
-
::
.
was none.
4
and his under-Officers, by and"
400 An Impartial Collection of all the memorable Events
July,
ſuch an Expolition might be as ill as a Sermon. And the more to hearten, and
1641.
confirm the People in prophaning the Lords Day. He enjoyned the Miniſters
to read publickly in their Churches, a Bog publiſhed touching ſports on the
Lords Day, For not reading whereof, fome Miniſters were by the command
and directions of the ſaid Biſhop Suſpended, viz. Mr. William Leigh, Mr. Ri-
chard Proud, Mr. Jonathan Burr, Mr. Matthew Brownrigs, Mr. Mott and divers
others; ſome deprived, Mr. Powell, Mr. Richard Raymond, Mr. Jereny Borromes,
and ſome otherwiſe troubled. By all which, Knowledge was ſuppreſſed, and
Ignorance andProphaneneſs introduced in that Dicceſs.
IX.
There having been formerly two kinds of Ringing of Bells and calling People
to the Church in that Diocefs (viz. ) one kind, when there were only Pray-
ers to be Read, and another kind, when there were both Prayers to be read, and
a Sermon Preached, whereby the People did apply themſelves to the Service of
God in thoſe places, where both Prayers and Preaching was to be ; He, to hin-
der the People in their good deſires in ſerving of God, and edifying their Souls,
did in the ſame year 1636. command, and enjoyn,that there ſhould be no diffe-
rence in Ringing of Bells to Church when there was a Sermon and when there
X.
Whereas many Godly Miniſters, for the preventing of the great Sin in the
People of unworthy receiving the Holy Communion of the Lords Supper, did
uſe to Preach two or three Days before every Communion, a Preparation Ser-
mon to prepare, and Inſtruct the People in the Right and Worthy receiving
of the Communion ; He the ſaid Biſhop did in the ſaid year 1636, forbid Mi-
niſters to Preach any ſuch Preparation Sermon in that Diocefs, as namely, Mr.
Devereox, Mr. Swayn, and other Miniſters.
XI.
Whereas all Gods Ordinances are Sanctified, and made Fruitful by the bleſ-
ſing of God upon them by Prayer ; He, endeavouring. to ſuppreſs the benefit
and power of Prayer, in the year 1636, cnjoyned, That no Miniſter ſhould
uſe any Prayer before his Sermon, "but move the People to Pray only in the
words of the fiftieth Canon,made Anno 1603; which Canon was not warrant-
ed by the Law : And that no Prayer ſhould be uſed before or after the Sernion.
And he in his own Perſon having been at the Sermon in the Town of Ipſwich,
when the Preacher did uſe or make any other Prayer, did ſit upon his Scạt,
without uſing, or giving any reverence of knceling, or otherwiſe, thereby
to diſcountenance ſuch Prayer. And lie in the ſaid year,1636,enjoyned that no
Prayer ſhould be made in the Pulpic for the Sick,and that ſuch as were prayed
for in the Reading Desk, ſhould be prayed for only in the two Collects pre-
ſcribed for the vilitation of the Sick in private Houſes.
XII.
He the more to Alienate the Peoples Hearts from hearing of Sermons in the
ſaid year 1636. Commanded and enjoyned all Miniſters to Preach conſtantly in
their Hood and Surplice, a thing not uſed before in that Dioceſs, and much
offenſive to the People as a Scandalous Innovation. And the Pariſhioners of
Knatſhall wanting a Surplice, he did by his Officers in the year 1637. enjoyn
the Church-Wardens there, that no Prayers ſhould be read in that Church,till
they had got a Surplice, which they not getting for the ſpace of twoLords Days
after, had no prayers during that time there.
XIII.
That during the time of his being Biſhop of Norwich, which was about
two years, and four
months ; There were for not reading the ſecond Service,
at the Communion-Table ſet Altar-wiſe, for not reading the Book of Sports,
for uſing conceived Prayers, before and after Sermons, And for not obſerving
upon his directions, and injunctions, ſundry Godly painful Preaching Mi-
niſters, that is to ſay, Mr. William Powell, Mr. John Carter, Mr. Robert Peck,
Mr.
T
1
2
1
+
1
C.
1"
1
li
!
PHIC
C
1
.
1
16
1
11
1
1
.
Sermons and Prayer,
from the Scotch Rebellion to the King's Murther. 401
Mr. William Bridge, Mr. William Green, Mr. Mott, Mr. Richard Raymond, Mr.
July,
Thomas Scot, Mr. Greenhil, Mr. Nicholas Beard, Mr. Hudſon, Robert Kent, Jere 1641.
my Burrows, Mr. Thomas Allen, and others, to the number of fifty, were Ex-
communicated, Suſpended, or deprived and otherwiſe cenſured, and ſilenced,
to the undoing of many of them, their Wives, and Children, and they
could not be abſolved without giving promiſe to conform to his directions
editis & edendis, by means whereof fome Miniſters were enforced to depart this
Realm into Holland, and other parts beyond-Sea, viz. The ſaid Mr. Thomas
Bridge, Mr. Jeremy Borrows, Mr. Thomas Allen, Mr. John Ward, and others of
Norwich, to remove into other more peaceable Dioceſes, as namely Mr. Ed-
mund Calamy, Mr. Broom, Mr. Beard, and others, and ſome of them ſo Pro-
ſecuted as hath been ſuſpected to be the Cauſe of their Deaths, as namely Mr.
Thomas Scot and others; the terror of which proceedings hath cauſed other
Miniſters to leave their Cures, and go away, viz. Mr. William Kirington,
Mr. Thomas Warren, Mr. John Allen and others; and if a Stranger Preached
at the Cure of ſuch Perſon Suſpended, the Church-Wardens permitting ſuch
Perſon ſo to Preach, were enjoyned penance and otherwiſe troubled, as namely
the Church-Wardens of Sneilwell, and the Stranger for Preaching, was alſo
therefore moleſted, viz. Mr. Aſh, Mr. Eades, Mr. Manning, and other Miniſters.
XIV.
That during the time he was Biſhop of the ſaid See of Norwich, he did
unlawfully compel the Inhabitants of the ſeveral Pariſhes, within that
Dioceſs, to raiſe the Flowers of the Chancels, of their reſpective Churches,
to Rail in their Communion-Tables, to remove the Pews and Seats, and to
make other alterations in the reſpective Churches ; in the doing whereof the
ſaid Inhabitants were put to great, excellive, and unneceſſary charges and ex-
pences, amounting in the whole, to the Summ of five thouſand Pounds, and
upwards, which ſaid charges and expencés, he did by unlawful means and
courſes, enforce the ſaid Inliabitants, to undergo ; and ſuch of the ſaid In-
habitants, as did not obey the ſame, he did vex, trouble and moleſt by Pre-
ſentinents, Citations, Excommunications, Tedious, and frequent Journeys,
and by Attendances at the Courts of his Chancellor, aud other his Officials,
viz. the Church-Wardens of Linne, Ipſwich, S. Edmundsbury, and others.
XV.
That for not coming up to the Rail, to receive the Holy Communion,
kneeling there before the Table Altar-wiſe, for not ſtanding up at the Gol-
pel, and for not obſerving and performing of his unlawful Innovations, and
Injunctions, many other of His Majeſties Subjects, viz. Peter Fiſher, Samuel
Duncon, James Percivall, John Armiger, Thomas King, and others, have been
by him, his Chancellors, Viſitors, Commiſſaries, and Officials, by Command
and Injunctions, much Moleſted, Diſquieted and Vexed in their Eſtates and
Conſciences, by Citations to the Courts, long attendance there, Diſmiſſion,
Fees, Excommunications, Penances, and other Cenſures.
XVI.
That by reaſon of the rigorous Proſecutions and dealings in the laſt prece-
dent Articles mentioned,and by reaſon of the continualSuperſtitious bowing to,
and afore the Table ſet Altar-wiſe, the ſuſpending, ſilencing and driving a-
way of the painful Preaching Miniſters, the ſuppreſſing and forbidding of
knowledge and Salvation, and introducing Ignorance, Superſtition, and Pro-
phaneneis, many of His Majeſties Subjects, to the number of three thouſand,
many of which uſed Trades, Spinning, Weaving, Knitting, and niaking of
Cloth, and Stuff
, Stockings, and other Manufactures of Wools; that is to
ſay, Daniel Sunning, Michael Metcalfe, John Berant, Busby, Widdow Mapes,
Richard Cock, John Dicks, Francis Laws, John Senty, and many others, ſome
of them ſetting an hundred poor People on work, have removed themſelves,
their Families, and Eſtates into Holland, and other parts beyond the Seas,
and there ſet up and taught the Natives there, the ſaid manufactures, to the
Fff
great
O
+
-
VOL. II.
.
i
?
1
402
July,
1 641.
1
!
An impartial Collection of all the memorable Events
great hindrance of Trade in this Kingdom, and to the impoveriſhing, and
bringing to extream want, very, many who were by thoſe Parties formerly ſet
on work, to the great prejudice of His Majeſty and His People.
XVII.
That he the ſaid Biſhop, finding the People to diſtaſt his Innovations, hath
often in publick and private Specches declared in the ſaid year 1636. that
what he did in the ſame, was by His Majeſties command: whereby he contra-
ry to the duty of this place, which he held under His Majeſty, being Dean of
His Majeſties Royal Chappel; and contrary to the duty of a good and Loyal
Subject, endeavoured to free himſelf of blame, and to raiſe an ill Opinion of
His Royal Majeſty in the Hearts of His Loving Subjects.
XVIII.
That he the ſaid Matthew Wren, being Biſhop of Norwich in the ſaid year
1636. in the Tower Church in Ipſwich, and other places, did in his own Per-
fon ure Superſtitious and Idolatrous Actions and Geltures in the Adminiſtration
of the Lords Supper, Conſecrating the Bread, and Wine, ſtanding at the
Weſt-lide of the Table with his Face to the Eaſt, and his Back towards the
People, Elevating the Bread and Wine ſo high as to be ſeen over his ſhoulders,
bowing low, either to or before them, when he after the Elevation and Con-
ſecration had ſet them down on the Table.
1
.
XIX.
That he the more to manifeſt his Popiſh affection, in the faid year 1636.
cauſed a Crucifix, that is to ſay, the figure of Chrift upon the Croſs, to be
Engraven upon his Epiſcopal Scal, befides the Arms of the See.
XX.
That he hath choſen and employed ſuch Men to be his Commiſſioners, Rural
Deans, and to be his houſhold Chaplains, whom he knew to be, and ſtand af-
fected to his innovated Courſes, and to Popiſh Superſtition, and to be erro-
neous and unfound in Judgment and Practice: as namely Mr. John Nowell, Mr.
Edmund Mapleroft, Mr. John Dunkin, Mr. Boucke, Mr. Dån, and others..
X X I.
That he hath very much opprefled divers Patrons of Churches, by admit-
ting, without any colour or Title, his own Chaplains, and others whom he
affected, into Livings which become void within his Dioceſs, unjuſtly enfor-
cing the true and right Patrons to long and chargeable Suits to evict ſuch In-
cumbents, and to recover their own right : ſome of which he did againſt his
Prieſtly word given to the ſaid Patrons, or their Friends, in verbo Sacerdotis,
not to do the ſame. This he did in thc Caſe of one M. Rivet.
XXII.
That he and others, in the year 1635, fold, or granted away the profits of
his Primary Viſitation, for five hundred Pounds, over and above charges of the
Viſitation, and for the better benefit of the Farmer, ſet forth a:Book in the
year 1636, Intituled, Articles to be enquired of within the Dioceſs of Nor-
wich, in the firſt Viſitation of Matthen, Lord Biſhop of Norwich, conſiſting
of 139 Articles, and wherein are contained the number of 897 queſtions, ac-
cording to all which, the Church-Wardens were enforced to preſent upon
pain of Perjury. And ſome Church-Wardens, that is to ſay, Robert Langley,
Charles Nemton, Richard. Hart, William Bulls and Rephany, Ford, and others,
not making preſentments accordingly, were:cited, moleſted, and troubled, and
enjoyned pennance; notwithſtanding many of the faid Articles were ridicu-
lous and impoſſible.
XXIII,
That the Church-Wardens, and other men Sworn at the Viſitation, were
enforced to have their preſentinents written by Clerks ſpecially appointed
by ſuch as bought the fame Viſitation, to whom they paid exceſſive sunms
for
1
from the Scotch Rebellion to the King's Murther. 403
1
!
19
IE
for the fame : ſome two and twenty. Shillings as namely, Richard Hurrel, John Fuly,
Punchard, and others, ſome more, ſome leſs, for writing one Preſentment, 1641.
to the grievous oppreſſion of His Majeſties poor Subjects in that Dioceſs.
XXIV.
Whereas by the Laws of this Realm ng Tithes ought to be paid out
of the Renes. of Houſes, nor is there any Cuſtom or uſage in the City
of Norwich for ſuch payment ; yet the ſaid Biſhop endeavoured to draw the
Citizens, and other Inhabitants within the faid City againſt their wills and
conſents to pay two Shillings in the Pound, in lieu of the Tithes of Houſes
within the ſeveral Pariſhes of the ſaid City, unto the Miniſters there, òf the
faid reſpective Pariſhes. And the better to effect this his unjuſt reſolution, he
did by falſe and undue ſuggeſtions, in the fourteenth year of His Majeſties
Reign that now is, procure His Majeſty to declare under his Highneſs's
great
Seal of England his Royal pleaſure, That if any perſon within the ſaid City
Thall refuſe to pay according to the faid rate of twoShillings in the Pound unto
the Miniſter of any Pariſh within the ſaid City, that the lame be heard in the
Court of Chancery, or in the Conſiſtory of the Biſhop of Norwịch. And that
in ſuch caſe no prohibition againſt the ſaid Biſhop of Norwich, their Chancel-
lors or Commiffaries in the ſaid Courts of Conſiſtory be granted. And it any
ſuch Writ be any time obtained, the Judges granting the ſame, upon ſight of
his Highneſs's ſaid Order, ſhall forthwith grant a Conſultation to the. Mi-
niſter deſiring the ſame, with his reaſonable coſt and charges of the fame :
Which ſaid Order and Decree under the great Seal of England tended to the
violation of the Oaths of the Judges, and was deviſed, contrived, and made
by the ſaid Biſhop. And afterwards by his evil Counſels and falſe Surmiſes
he did obtain His Majeſties Royal conſent thereunto, and by colour of the
Order aforeſaid, and other the doings of the ſaid Biſhop, the Citizens and In-
habitants of Norwich aforeſaid, viz. John Collar, Judith Perkeford, and others,
have been forced to pay the two Shillings in the Pound in lieu of Tithes, or
elſe by Suits, and other undue means been much moleſted, and put to great
charges and expences, contrary to the Law and Juſtice.
X X V.
That he aſſumed to himſelf an Arbitrary Power, to compel the reſpective
Pariſhioners in the ſaid Dioceſs to pay great and exceſſive Wages to Pariſh-
Clerks, viz. the Pariſhioners of Tarmouth, Congham, Toſtock, and others 2
commanding his Officers that if any Pariſhioner did refuſe to pay ſuch Wages,
they ſhould certifie him their Names, and he would ſet them into High-Com-
million Court for example of the reſt ; and that one or two out of Ipſwich
might be taken for that purpoſe.
And the ſaid Commons by Proteſtation faving to themſelves the liberty of
exhibiting at any time hereafter any other Accuſation or Impeachment againſt
the faid Matthew Wren, late Biſhop of Norwich, and now Biſhop of Ely,
and alſo of replying to the anſwer that he the said Matthew Wren mall make
unto the faid Articles, or any.of
them, or offering proof of the Premiſſes or
any other Impeachments or Accuſations that ſhall be exhibited by them, as the
caſe ſhall (according to the courſe of Parliaments) require, do pray that he
the ſaid Matthew Wren may be called to anfwer the ſaid fëveral Crimes and
miſdemeanors, and receive ſuch condign puniſhment as the ſame ſhall deſerve
and that ſuch further proceedings may be upon every of them had and uſed
againſt him, as is agreeable to Lawand Juſtice.
Thus did theſe great Zealots for the pretended Purity and Reforma-
tion of Religion, and to reduce the Biſhops to their Primitive State,
even litterally render them fo, by Perſecution imitating the Primitive
Perfecutors of the Primitive Biſhops, clothing them in Skins of Bears
,
Wolves and Tigres, to invite the cruel Maſtills to fall upon them and
tear them in Pieces. And certainly not with ſtanding this black AC-
cuſation, there cannot be a greater Demonſtration of the Innocence of
Vol. II.
Fff 2
this
1
+
t
I
i
fitions.
::::
The Caſe of
the Clerksdoc.
of the Court of
Common-
W
i
404
An Impartial Colle&tion of all the memorable Events
July, this worthy Prelate,then the very Articles and thát'this Accuſation wan-
I 6 4 1.
ted proof to carry it further than a bare Accuſation,and a Commitment to
the Tower where with the Courage and Patience of a Primitive Chriſtian,
he continued a Priſoner till the happy Year 1660. wherein he ſaw himſelf,
the Church and this Kingdom together. ſet at Liberty, by the bleſſed
Reſtauration of His Moſt Serene Majeſty Charles the Second, to his
undoubted Birth-Right the Imperial Crown of theſe Realms, from the
Bondage and Slavery, under which they had for ſo many Years laid
Languiſhing, and almoſt ready to expire.
King Aſſents to : The Earl of Briſtol acquainted the Houſe, That His Majeſty had
the Propo. been moved concerning the Five Propoſitions preſented from their
Houſe, from the Houſe of Commons Yeſterday, and his Majeſty con-
ſents to all the fáid Propoſitions..
HEREAS a Petition hath been Exhibited unto this Honorable
Houſe-by ſundry Officers, Clerks, and late Clerks, of the Court of
Common-Pleas, Thereby Shewing that they have been Bred-and Trained up
Pleas againſt as Clerks in the ſaid Court, and that the Diſpoſition of the Ofices of Prothe-
the Lords or notories, Fillizers, Exigenters, and divers other officers of the ſaid Court,
der upon it. (bad Time out of. Mind, appertained to the Chief Juſtice of that Court, for
the Time being as an inſeperable Incident to his Office, and that the famie
were granted to ſuch ſkilful
and experienced Clerks trained
up in the ſaid
Court, as were moſt fit and able for the Execution of the Same Places
and that notwithſtanding ſeveral Grants and Letters Patents of the ſaid
Offices, had been obtained from His Majeſty, to the great diſcouragement of
able Clerks, and therefore prayed that the ſaid Grants or Letters Patents
might be recalled: And wkereas ſeveral Petitions have likewiſe been Ex'-
hibited, by the Patentees touching the ſaid Offices, and ſeveral Days
of hearing have been appointed, but in regard of greater Buſineſs in the
Houſe, the Cauſe could not be heard, whereupon it pleaſed the Lords upon
the 26th Day of June laſt, to Order that the Fudges of the Kings-Bench,
and Barons of the Exchequer-ſhould conſider, whether the ſaid Grants or
Letters Patents, made by his Majeſty of the ſaid Offices, or any of them
were good in Law; and ſhould make Report thereof unto the Houſe, to the
end their Lordſhips might proceed to do what ſhould be Right and Just
therein; And whereas the ſaid fudges and Barons upon peruſal of divers of
the ſaid Patents, and a due Conſideration had of the Grants of thoſe Offices.. in
former Time's made by the Chief Juſtice of the ſaid Court of Common-Pleas for
the Time being, and upon hearing of Courcel on both Sides, after mature delį.
bération had of the Premiſès, did certifie, that the offices of the firſt and
third Prothonotary of the ſaid Court of
. Common Pleas, of the Clerk of the
Warrants of the Clerk of the King's Silver, of the Clerk of the Eloignes,
of all the Exigenters, and of all the Fillizers (except of the County of Mon-
mouth ) have by preſcription belonged to the Chief Juſtice for the time be-
ing, and that he hath always granted the ſame, for the Lives of the Gran
tees, who have held them by his admittance only: and that the Office of
Clerk of the Treaſury of that Courty, is all ways, Granted by the
Chief Juſtice for the time being, to ſuch Perfors as he Jhall nominate,
to continue only during the Time that he continues Lord Chief Juſtice. And
fürther they did certifie their Opinions to be, that none of the Grants made
by his Majeſty of any of the offices, or Clerks Places before in the ſame
Certificate mentioned wie good in Law; . And whereas this Day was ap-
pointed
+
1
!
1
1
1
9
.
..
W
Comptroller.
from the Scotch Rébellion to the King's Murther. . 405
pointed by Order of this Houſe, for the hearing of the ſaid Cauſe. Now July;
upon full debate of the Matter by Councel learned on both sides, their. 1641.
Lordſhips taking the Buſineſs into their mature Conſideration, and well ap-
proving the Learning, Juſtice and Integrity of the preſent Chief Juſtice,
and thinking it moſt just and meet, that the Rights and Priviledges truely
incident, and belonging to the Place of Chief Juſtice of the ſaid Court of
Common-Pleas, ſhould be reſtored and continued, they have Unanimouſ-
ly Reſolved, Voted, Declared and Ordered; That' the ſaid Offices of the
firſt and third Prothonotary of the ſaid Court of Common-Pleas, of the Clerk
of the Warrants, of the Clerk of the King's Silver, of the Clerk of the Ef
Soignes, of the Clerk of the Treaſury, and of all the Phillizers, and of all
the Exigenters (except for the County of Monmouth ) do by right belong
to the Diſpoſition of the Lord Chief Juſtice of the ſaid Court of Common-
Pleas for the time being, and that the Grants formerly made by Letters. Pa-
ents of the ſaid Offices, or Clerks Places, or any of them, are illegal and void
in Law; and it is further Ordered, That the ſaid ſeveral Letters Patent's
herein mentioned, ſhall be forthwith brought into this Houſe.
Mr. Comptroller brings a Meſſage from the Queen in Writing, in Wedneſday.
theſe Words,
Fuly 21.
Hen the Parliament did the other Day , expreſs their Affecti- The Queens
ons to Me, in taking into conſideration the Fourney. which I Meſſage byMr.
had reſolved on, for the recovery of my Health, and repreſented a Deſire of
My ſtay, with a tender Care of removing all Occaſions of My Indiſpoſition, I
could not then
give them a positive Anſwer, ſuch as I deſired for their Satis-
faction, becauſe I knew not if My Health would give way unto it; but ſince
that Time, I have reſolved to venture my Health, and for complying with
their Deſires, not to gº; ſince My Preſence here will be acceptable unto them,
and that they conceive, it will be for the good of the Kingdom; for. I deſire
nothing more then to let them ſee, that I ſhall in all things be ready to
gratifie them, and to ſerve the State, though, as I then ſaid, with the haz-
zard of my Life, ...
Upon the Receipt of which Meſſage it was Ordered, That the Bill
for the Queens Foynture, ſhall be reported this . Afternoon, and Mr. Comp-
troller is to repreſent to Her Majeſty, that this Houſe is very ſenſible of
the favor done by. Her Majeſty, and that they are thinking of ſome more fo-
lewin way of repreſenting it.
Ordered, That the ſame Committee that attended Her Majeſty before,
Shall meet with the Committee of Lords, to preſent Thanks to Her Majeſty
at ſuch time as their Lordſhips ſhall think fit, and a Conference to be dejí-
red with the Lords about it, their Lordſhips having had the like Melage
from Her Majeſty ſent to their Houſe.
At which Conference it was agreed to return Her Majeſty Thanks
in theſe Words, as was reported by Mr. Hollis,
Oth Houſes of Parliament have with very much Comfort and Thank- Mr. Hollis Re-
fulneſs received that Gracious Mellage, whereby your
. Majeſty hath pores the
been pleaſed to declare your Reſolution, of ſtaying your intended fourney at Houſes to the
their humble Deſire, which they hope will be no Prejudice to the Recovery Queen forput-
of your Health, but rather an advancement of it, by that Contentment,
Journey to
which You will receive from the continual Expreſſion of their Affection and thespaw.
Zeal
+
1
B
-
ting off her
.
.
Theſe Promi-
ſes were
well obſerved
"
ted her Maje-
afterwards, for
them in an
Adual Rebel.
belion.
Anſwer.
.
1
to make Accompts, and prepare for Disbanding; jo all the Arrears that:will
406 An Impartial Collection of all the memorable Events
July, Zeal to do you Service. And they have commanded Me, in their Names,
1641. to declare that both Prayers and Indeavors ſhall concur in all things tend-
ing to your Majeſties Wellfare and Prosperity, which they ſhall ever eſteem,
as a very great Bleſſing, both of the Kingdom and of themſelves.
when they vo To which Her Majeſty returned this Anſwer.
Ky a Traitor
Am very glad that both Houſes of Parliament, have taken my Reſolu-
affifting the
tion of staying my fourrey in ſo good Part; they may ſee by it, I have
King againſt
preferred their Content, before My Health, and I ſhall ſtill continue
to do all lies in My Power to ſerve the King, and for the good of this King-
The Queens
dom, and to pleaſe them, as they have already ſeen.
Thurſday,
The Cellation of Arms was voted to be continued Fifteen Days lon-
Fuly 22.
Ceſſation con- ger, from the expiration of the preſent Term, upon the ſame Conditions,
tinued 15 days if the Treaty continue ſo long.
longer.
This Day Mr. Smart, who Articled againſt Dr. Coſins, was by Order
of the Lords reſtored to his Prebend in Durham, and had alſo the Vi-
caridge of Aycliff in the Biſhoprick of Durham beſtowed onihim, upon
the Death of Dr. Carr the preſent Incumbent. So forward was the
Zeal of the Faction to incourage and reward theſe Men, who had been
the Oppofers of the Government, and the real Incendiaries, by-pro-
moting falſe and ſcandalous Accuſations againſt the Biſhops and the Dig-
nified Clergy.
A Report from the Committee of Seven Ordered, That the Arti.
cles then Reported be kept ſecret. They were about the Conſpiracy; but not
being ențred in the Journal, I cannot oblige the Reader with them...
Earl of Briſtol The Earl of Briſtol reported the Anſwer of the Scots Commiſſioners
Reports the
to the Two Propoſitions, which the Lords Commiſſioners were Ordered
about disban- by this Houſe to propound to them: The Anſwer
was,
ding.
Lthough the extreme neceſſity of the Army hath been ſo repreſented
unto us, as that the Arrear, and 80000 l. of Brotherly aſiſtance,
have not been
ſufficient to disband our Army, and pay the moſt neceſary
preſent Charges, yet have we not refuſed to agree to your deſires in eve-
ry thing ivithin our Power, which moveth us, who are but a few of the Com-
miſioners to offer not only the repreſenting of our preſent deſires to the
General and committees, but the perſwading of their condeſcending so far
as neceſſity can permit, both about the time of disbanding our Army so
much défired by us all; and which will be done chearfully and readily as
Soon as the Articles are ratified in the Parliament here, and the Mony
that ſhall be agreed upon fent and received at Newcaitle. As alſo for
continuing 'the forbearance of the payment of 80000 1. for ſome mort
time.
But we are bold to deſire an Alteration in your Lordſhips Paper, that
be the moſt poſſible for them to-agree theréto'; as all the by-gone
Arrears would be preſently ſent to Newcaſtle, that they may
be due to the laſt day of the Payment of our Army may be.-fhortly ſatisfied,
either here at London for anſwering Écxhanges, or fent“'to Newcaſtle to
help the Disbanding thereAnd for the 80000 l. that your Lordſhips
would offer to deliver and Embarque the ſame here before the Tenth of
Auguſt, tljät it may be in Scotland
againſt the King's coming, or the zoth
day
Scots Anſwer
.
$
it may
have time
ir
1
1
1
1
1
+
1
1
-
1
.
.
I
and Commons
i
!!
y
1
.
from the Scotch Rebellion to the King's Murtber. 407
day of the ſaid month ar fartheſt, becauſe divers have lent all their Mo-
Fuly,
neys, and ſold all their Viftuals for the publick uſe of the Army, who 1641.
muſt now be ſupplied with ſome part of their Mony, and price of their Vi-
Etuals, otherwiſe it will procure a confuſion and grudging among them.
Upon reading the Petition of the Six Perſons choſen by the Commo- Order about
nalty of the City of London, it is Ordered by the Lords in Parliament, ufed in the
That the Book of Reverſions ſhall be peruſed by them, and afterwards with Caſe between
the Books of A. D.E. F. G. H. I. K. L. Z. O. Liber Altus, Tranſcript Dun- Lord Major
thorn, Cuſtoms, Repertory, Hamerſly, Journal of 6 H. 7. Journal Swi-
nerton, Middleton, Hayes Journal, Garroway, ſhall be brought into the
Upper Houſe of Parliament on Monday next being the 26th of this Inſtant
Month of July by. Nine of the clock in the morning, at which time their
Lordſhips have Ordered to hear the ſaid Cauſe.
Sir John Hotham Reports, That there will be due to the Scots upon the Friday,
12th of Auguſt 57400 l. 10000 1. 15. expected fròm the voluntary Loan Fuly 23.
of the Members, ſo that 47000 will be requiſite to pay them of
Ordered, That there ſhall be a Conference with the Lords to borrow
40000 l. of the City, which the Lords, agreed to, and the Poll-Bill was
propoſed to the Lord Mayor and Aldermen for Security.
Earl of Ellex
This day His Majeſty was pleaſed to give the white Staff to the Earl made Lord
of Eſex; and he was Sworn Lord Chamberlain of His Majeſties Houſe-Chamberlain.
hold.
Sir Arthur Ingram carries up the Bill with amendments for the cer-
Saturday,
July 24.
tainty of the Forreſts, as alſo a Bill. for the Earl of Bedford.
The Houſe of Commons then entered upon the Debate of the Arti-
cles from the Committee of Seven, againſt Mr. Percy, Mr. Fermyn, &c.
Upon which they came to theſe Votes.
Votes upon the
Reſolved, &c. That Mr. Henry Percy, in the Months of March and Articles from
April laſt paſt, in the Pariſh of St. Martin's in the County of Middleſex, the Commir-
tee of 7
did Compaſs, Plot and Conſpire with others to draw the ſaid Army toge-
ther, and to employ them againſt the Parliament, and by fear and dread
thereof to compel the ſaid Parliament to agree to certain Propoſitions by
them contrived, and to hinder and interrupt the Proceedings of the
ſaid
Parliament.
Reſolved, &c. The ſame againſt Mr.Henry Jermyn, Sir John Suckling,
and Mr. William Davenant.
Reſolved, &c. That in purſuance of the ſaid Deſign, the ſaid Henry
Percy by the Plot and Coinbination aforeſaid, did endeavour to perſuade
divers Members of the Houſe of Commons of the ſaid Parliament, and
others, being Officers of the ſaid Army, that is to ſay, Henry Wilmot, Wil-
liam Aſhburnham Eli; Sir John Berkly, Hugh Pollard and Daniel Oneal
Eſquires, that they were diſobliged by the Parliament, thereby to incenſe
and diſaffect them againſt the Parliament, and did hold divers Conſulta-
tions with the ſaid perſons to effect the ſaid wicked and dangerous De-
figns; and for that purpoſe did ſet down in writing certain Propoſitions
to the effect following, that is to Jay, The preſerving of Biſhops Votes and
Functions, the not Disbanding of the Iriſh Army until the Scots were
Disbanded, and to endeavour the ſettling of the King's Revenue to the
proportion it was formerly.
The
11
';
1
1
.
+
1
T
1
T
1
1
-
:
!
1
Wh
WH
IN
Further Votes
cy, &c.
"T
408 An Impartial Collection of all the memorable Events
Fuly, The Houſe fell upon the further Debate of the Articles from the Com-
1 0 41. mittee of Seven, and it was
wa
Reſolved, &c. That the ſaid Henry Percy in purſuance of the ſaid
about Mr. Per. Plot and Combination for the more ſecret Carriage, and further Engage-
ment of the ſaid Conſpirators, and others the Perſons aforenamed, did mi-
niſter unto the ſaid Henry Jerinin, Hugh Pollard, Henry Wilmot, Wil-
liam Aſhburnham, Sir John Berkley and Daniel Oneal, a wicked and
laivful Oath, whereby they did Swear upon the Holy Evangeliſts not to re-
veal any thing Spoken concerning that buſineſs in conſultation, directly or
indirectly, nor to think themſelves abſolved by any other Oath that ſhould
be after taken, from the Secrefie enjoyned by the ſaid Oath.
Reſolved, &c. That Mr. Henry Jermyn at the time the ſaid Oath was
Adminiſtred as aforeſaid, and at divers other times did propound and ena
deavour to perſwade the Perſons aforenamed, and other Officers of the ſaid
Army, to put the ſaid Army into a Warlike Poſture, and to bring them
ир
to London, and likewiſe to make themſelves fure of the Tower, and ſo by
force to compel the Parliament to conform to their Will.
Reſolved, &c. That the ſaid Henry Jermin, Sir John Suckling, and
William Davenant in further Proſecution of the ſaid Deſign by the Con-
Spiracy aforeſaid to diſaffect the Said Army towards the Parliament, and
to work a belief in the ſaid Army, that the King and Parliament would
diſagree, and
ſo under pretence of adhering to His Majeſty, to incenſe the
Said Army againſt the Parliament, thereby the better to compaß their
wicked Deſign ; and further endeavoured to perſwade the Army; that all
the French about London would nſist them; and to the great ſcandal of
the King and his Government, that the Prince and the Earl of New-
caſtle were to meet the ſaid Army. at Nottingham with a Thouſand
Horſe.
Reſolved, &c. That the ſaid Sir John Suckling by the Conſpiracy afore-
Said, for the better effečting the ſaid wicked Dohgn, under the pretence
and colour of ſome ſervice to the King of Portugal, did raiſe Men, both
Officers and Common Soldiers, and further did contrive, that a hundred of
thoſe Men ſhould be put into the Tower of London, under the Command
of Captain Henry Billingſley, thereby to poseſ themſelves of the ſame, as
was formerly propounded by Mr. Henry Jermin, that ſo they the ſaid
Henry, Jermin, and Sir John Suckling might better effect their Jaid
wicked Deſigns, and have better opportunity to Maſter and Command the
City of London, that the ſaid City ſhould not be able to make any refift-
ance when the faid Army ſhould come up according to the aforementioned
Deſign; And the ſaid Sir John Suckling, in further purſuance of the ſaid
wicked intentions, did.by the means aforeſaid Plot and Endeavour that
Thomas Earl of Strafford then Priſoner in the Tower for High Treaſon,
and fince Attainied and Executed
for the ſame, jould make an Eſcape,
that by his Power they might the better compaſs and bring to paſs the ſaid
wicked Deſign.
Reſolved, &c. That the ſaid Henry Wilmot, William Aſhburnham,
Hugh Pollard, Sir Jolin Suckling, Sir John Berkley and Daniel Oneal
,
by the inticement, practice and inſinuation of the ſaid Henry Percy did
take the aforeſaid unlawful Oath.
Reſolved, &c. That the ſaid Henry Percy for the advancement of the
Said wicked Deſign did propound unto them the aforeſaid three Propo-
ſitions.
Refol-
*
1
A
i
a
1
1
.
4
r
1
thern Coun-
1.
M
Caſe.abour E:
heard.
from the Scotch Rebellion to the King's Murtker. 409
Reſolved, &c. That the ſaid Henry Wilmot, William Aſhburnham, July,
Hugh Pollard, Sir John Berkley and Daniel Oneal, were acquainted with Í 6
the ſaid Deſign mentioned in the firſt Article.
Reſolved, &c. That' the ſaid Henry Wilmot, William Aſhburnham;
Hugh Pollard, Sir John Berkley and Daniel Oneal were together with
the faid Confederates, preſent at divers Debates and Conſultations touch-
ing the ſaid Propoſitions and Deſigns, which ſaid Propoſitions, Deſigns and
Conſultations the ſaid Henry Wilmot, &c. did not diſcover, but confented
to the ſame.
Reſolved, &c. That the ſaid Henry Wilmot, William Aſhburnham,
Hugh Pollard, Sir John Berkley and Daniel Oneal being afterwards
Lawfully Examined in Parliament upon their Oaths touching the Premis
Yes, did wholly deny the ſame, and the ſaid Sir John Berkley and Daniel
Oneal being thereupon queſtioned, did fly for the ſame.
The further Debate of this matter was put off until Wedneſday at 8
of the Clock.
Älunday;
The Earl.of Bath Reported the Bill for ſecuring of Mony to the Nor- July 26.
thern Counties, &c. And being put to the Queſtion, it was Reſolved to Bill for Nor-
paſs.
ties patied the
The Petition of the Lord 'Mayor and Aldermen of London, and the Lords.
Petition of the Commonalty of the ſaid City were read ; and after Lord Majors
Councel on both ſides had had a full hearing concerning the Election of
leating one
a Sheriff and other Officers; the Houſe of Lords taking the whole bu- Sheriff
, &c.
ſineſs into conſideration, Ordered, That this Cauſe ſhould be determined
on Saturday morning next; in caſe the Lord Mayor and the Commonalty
did not agree and compoſe the matter in Queſtion in the mean time.
This was a very perplexing Cafe at this time, for the Parliament were
about to borrow 40000 12 0f-the City-to--disband the Armies'; and if
the Cauſe had been determined either way, in probability it would have
given a ſtop to that Affair, but more eſpecially if it had been decided
in favour of the Lord Máyor and Court of Aldermen, who could not
eaſily have raiſed that Sum without the Aſſiſtance of the moſt wealthy
of the Commonalty.
The Lord Chamberlain ſignified to the Houſe, That he had received Letters about
the Ariny
divers Letters from the Lord General, which he thought fit to acquaint
the Houſe with.
As 'a Letter deſiring to know a certain day for disbanding of both Ar-
mies.
Likewiſe, a Letter ſent to the Lord General from the Gentlemen in the
Biſhoprick of Durham, .complaining of the burthen. of the Soldiers
there.
And alſo a Liſt of the Number of the Five Regiments which are diſ-
banded, being 5817 Men: All which being read, the Lord Chamber-
lain had leave from this Houſe to Communicate them to the Houſe of
Tueſday,
Commons.
A Petition of the Miniſters and People of Oxfordſhire and Barkſhire Pecítion out of
againſt Biſhops was this
dayı: read in the Commons Houſe
, and referred Oxfordſhire a-
gainſt Biſhops.
to the Committee for the Miniſters Remonſtrance.
:: A. Meſſage from the Houſe of Commons by Sir John Culpeper, who ? Bills brought
brought up Seven Bills which had paſſed that Houſe, Viz.
up by Sir John
Culpeper.
(1.) An A&t for the declaring unlawful and void the late proceedings
touching Ship-mony, and for: vacating of all Records and Proceſs concerna
ing the ſame.
Vol. II.
Ggg
(2.) An
1
5
1
in
July 27.
1
!
.
E
+
'LL
-47
H.
grim
.
:
Beſides the Remainder of the Brotherly al- 380000--
410 An Impartial Collection of all the memorable Events
July,
(2.) An Act for the preventing of vexatious proceedings touching the
1641. Order of Knighthoad.
( 3.) An Act for the free bringing in of Gun-Powder, and Salt-Petre
from forreign Parts, and for the free making of Gun-Powder in this
Realm.
( 4.) An A&t to ſettle the Mannor of Belgraves, and other Lands in
the County of Leiceſter, to and upon William Byerley Eſq; his Heirs and
Aſigns, for and towards the payment of the Debts of William Davenport
Eſq; Deceaſed.
65.) An A&t to enable Sir Alexander Denton Knight, to ſell the
Mannor of Barvard alias Barford St. Michael, and other Lands in this
preſent A&t mentioned for the payment of his Debts, and preferment of his
younger Children.
(6.) An Alt for Alteration of the Eſtate and Tenure of ſome Lands
within the Pariſh of Fulham in the County of Middleſex held of the Lord
Biſhop of London, as of the Mannor of Fulham.
(7.) An A&t for the making of the Chappel of Hoole in the County
of Lancaſter a Pariſh Church, and no part of the Pariſh of Croſston.
Keport of the Sir Foln Hotham Reports, That to disband 1.
d.
the Army requires
5242619
03
Toward which there is paid
152119 II-
Remains to be provided
mm 90500---
The Charge of the Garriſons-
40000- 00-
Total
*1 30500 00-
When the Earl of Warwick hath Received
and Paid the
5000o-
There will Remain due to the Scots
53000-
-
iu
-
S.
L
Armies.
-II
03
oo
00
88
88
00
Total due to the Scots-
133000-
-00-
00-
OO
the King to
the Lords a
fiops in his ab
fence.
1
Plymouth BiB The Engroſſed Bill for Confirmation of His Majeſties Letters Patents
paffed.
to the Town of Plymouth, and for dividing the Pariſh, and building a
new Church there was read the Third time in the Lords Houſe, and
being put to the Queſtion, it was Reſolved to paſs as a Law.
Mcflage from
Then the Speaker ſignified, That His Majeſty Commanded him to ac-
quaint their Lordſhips, that becauſe he intends his Journey tawards Scot-
bout Commil- land upon Monday.come Sevennight, and in regard that in his abſence
heretofore he bath left behind him Two Commiſſions, the one directed ux,
to the Lords of the Privy Council for ordering of the Affairs of State,
and the iſſuing out of Proclamations upon Emergent Occaſions ; and the
other Authoriſing a Perſon of Honour to be Captain General for the levya
ing of Forces on this fide Trent, if there should be any “neceſſity for the
Safety of the Kingdom; His Majeſty now thinks it fit to illue out the like
Commillions for the ſaid Publick Services in his abſence, with ſome Var
riations and Omiſſions, according to the Occaſions, and hath named the Lord
Chamberlain to be Captain General on this Side Trent ; but. His Majeſty
would execute nothing therein until he had made the Same known to both
Hauſes of Parliament deſiring their Concurrence and Aſſiſtance in all his
great Affairs.
Further
1
***
1
Il
!
1
7
1
ܪ
I.
from the Scotch Rebellion to the King's Murther. 411
Further it was ſignified from His Majeſty, That the Spaniſh Ambaſa July,
dor did ſend a Writing unto His Majeſty, wherein ke preſleth His Maje-1.1,641.
Sty for ſome of the Iriſh Companies lately disbanded to be employed in the
Service of the King of Spain ; and that His Majeſty hath Commarded
that the ſaid Writing ſhall be Communicated to both Houſes of Parliament,
and le deſires their
Advice therein.
Upon which a Conference was deſired by the Lords, at which the
Lords declared their Reſolution, That they would do nothing in it till Three
Points were cleared,
Firſt, That the Ambaſadour ſhould ſet down the particular number of
Men he deſires.
Secondly, The time When.
Thirdly, The manner How, and the Place from Whence he intends to
Tranſport the Soldiers.
Mr.Hambden made a Report from the Earl of Pembroke, That he had Mr. Hambden
received Letters from the Queen of Bohemia, wherein ſhe gave humble Reports the
thanks to the Parliament for their "Regard and confideration of her. the Queen of
There was alſo another Letter read from the Earī of Holland, to deſire, Bohemia.
That both Armies might be disbanded together, for the honour and ſafety
of the Kingdom.
This day the Bill Entituled, An Aet for the ſecuring the True Religion, The Bill for
the Safety and Honour of His Majeſties Perſon, the juſt Rights of the true Religion;
Subječt, and the better diſcovery and puniſhment of Popiſh Recufants was &c. reje&ted.
read a Second time, and after a long Debate of the Houſe, it was Reſolved
by the major part
That this Bill be Rejecked.
The Reader is to underſtand, that under the glorious Title with
which this Bill was guilded, the main matter of it was the taking away
the Peerage of the Biſhops in Parliament; which ſince they could not
effect by the former Bill, they thought to Nide in under theſe ſpecious
pretences of preſerving Religion, &c. but the Houſe of Lords had too
many Wife and Noble, Juſt and Honourable Perſons in it yet for the
Faction to effect their Deſign.
After this the Lord Mayor of London, and the Aldermen, &c. were
called in, to give an Anſwer to the Propoſition for lending 40000 l. and
the Lord Mayor ſignified, That lie hath already prepared 34500 l. part
of the 40000 I. and the full Sum will be made up this night, and further
he acquainted the Houſe, that he hath received 18000 l. of the Poll-mony.
For which ſervice and readineſs in this buſineſs the Speaker gave
Lord Mayor and Aldermen and the reſt thanks from this Houſe.
The Earl of Bath reported the effect of the Conference about disban- Earl of Bath
ding, that the Commons delivered theſe four Reſolutions.
Conférence a-
(1.) That the Ninth day of Auguſt next ſhall be the day appointed for bout disband-
the marching away af the Scots Army.
(2.) That the mony due for relief of the Northern Counties is ready,
and that if they fall deſire any reaſonable aſiſtance for the conveying of
it, they will be ready to affist them in the beſt manner they can.
(3.) The Houſe of Commons deſires, that the Engliſh Lords Commiſ-
fioners may move the Scots Commiſſioners to put off the time for the paya
ment of.the 80000.l. part of the Brotherly Aſſistance, till the firſt day of
September next, and that notwithſtanding they will pay it ſooner if they
Vol. II.
Ggg 2
(4.) That
*
gave the
reports the
1
CAN.
1
*
1
it was,
abſence la
Scotland.
។
1
rence.
1
412 An Impartial Collection of all the memorable Events
July, 4.) That after the Scots have declared their Aſlent of disbanding,
1 6 4 I.
that then our Army ſhall be disbanded with all poſible ſpeed ; and the
Horſe to be firſt disbanded.
Upon which it was Ordered, That this Houſe doth agree with the
Houſe of Commons in all the aforeſaid -Reſolutions, and do further Order,
That the Lords Commiſſioners do reſume the Treaty with the Scots Coma
miſſioners, and prepare it for a Concluſion.
After the Conference with the Lords about the Disbanding, the Com
mons fell into Debate concerning the Kings Journey into Scotland, and
Thurſday, Reſolved, &c. That the Lords be deſired by this Houſe in a Conference,
Votes to defire to joyn with this Houſe in a Petition to His Majeſty, to appoint a Cuftos
aVice-Roy du- Regni, or Locum tenens during his Abſence out of this Kingdom ; and
ring theKing's
amongſt other things, in ſpecial
to give him Power, to give the Royal Al-
ſent in Parliament, and to do ſuch things as the King might do if he were
preſent.
Reſolved, &c. That His Majeſty be likewiſe Petitioned, That an Alt
of Parliament may paſs to this Effečt, That ſuch Commiſion ſhall not be re-
pealed, until His Majesties return from Scotland to the City of London
or Weſtminſter, or be preſent in full Parliament.
Which two Reſolves were communicated to the Lords at a Confe-
Upon Information this Day unto this Houłe, That Sir George Rad-
SirGeorge Rat- cliff being now a Priſoner in theGate-Houſe,was indiſpoſed in his Health,
cliffhas liberry by reaſon of the cloſeneſs of the place where he remaineth, and that
he was an humble Suitor to their Lordſhips, that he might receive
the Favor to go into the Fields with ſuch Keepers, as their Lordſhips
ſhould think fit ; It Was Ordered, That the ſaid Sir George Radcliff
Mall
have the Liberty by Virtue of this Order, to go into Chelſey Fields, or
any other Fields near thereabout, to take the Air for his Health, at ſuch
times as he ſhall deſire it.
The Earl of --Briſtol Reports the Scots Anſwer, about the disbanding
Scots Commiſ- their Army which was read in hæc verba.
Whereas the Removal of the Scottiſh Army is deſired againſt the 9th of
Auguſt, upor the Receipt of a Paper from your Lordſhips of the 22 of July,
we did immediately repreſent the ſame to the Lord General and commit-
tees, from whom we expekt very ſatisfactory Anſwers by the Earl of Dum-
ferling and Lord Lowdon, and for haſtning the disbanding, we did in our
Anſwer of the 21ſt of July, deſire that the Arrears. might be then delive-
red and ſent to New-Caſtle, that we might finiſh our Accounts, and pay
our Debts in thoſe Countries, and be better prepared for our Disbanding ;
but we conceive, that the not timous delivery of the Arrears, ſhall prove
the greateſt Impediment in our removal: therefore We do remit to the Par.
liaments conſideration to take ſome ſpeedy courſe for ſending of the whole Ar-
rears. As for the delay of the Payment of the 80000 l. we have alſo re-
preſented the ſame unto the General and committees, according to the days
mentioned in our Paper of the 22 of July, whereof we do expect an Anſwer
by the Earl of Dumferling and the Lord Lowdon.
Ad againſt The Bill againſt Ship-Money being read a third Time this Day, and
Ship-Money
put to the Queſtion, it was reſolved to paſs for a Law.
After which the Lord Major and Aldermen, and Commons of Lon.
Lord Majors don were called in and asked, Whether they had compoſed the Differences
between
to take the
Air,
N
ſioners Anſwer
about dis-
banding the
Army.
'
1
paſſed thc
Lords.
Cauſe heard
and referred.
I
H-
+1
1
1
1
.
1
L
from the Scotch Rebellion to the King's Murther. 413
between themſelves concerning the Election of the Sheriff? But it being] Faly,
Anfwered, That they had a meeting about it, yet could not agree, This
I 641.
Houſe took the Cauſe into conſideration, having heard the objections
on both Sides, and at laſt appointed theſe Lords Committees, viz. Lord
Privy Seal, Lord Chamberlain, Earl of Bath, Earl of Bedford, Earl of
Briſtol
, to try if they could accommodate the difference between them,
and ſettle Peace amongſt them, if not, to report the fame to this Houſe.
And their Lordſhips, or any five or more, to meet at 5 of the Clock
this Afternoon in the Painted Chamber, and the Lord Major and Al-
dermen, and ſome of the Cominons to be preſent.
Mr. Bugſhaw Reports the Articles againſt the Biſhop of Bath and Friday,
Wells, which were all read, but are not entred in the Journal. But Fuly 30.
that the Reader
may ſee, they were of the ſame Leven with thoſe a-
gainſt the Biſhop of Ely, and that indeed the Crime was, being a Bi-
ſhop, I will ſubjoyn fome Articles, which an Informer one Mr. James a
Miniſter in his Dioceſs exhibited againſt him, whereby it will appear,
That as the Accufation was the effect of Malice and Revenge thoſe
Proſecutions proceeded from the ſame bitter Fountain.,
I.H
E hath Ex officio convented me before him, for having two. Sermons Articles of In-
my Church on Michaelmas Day, to the great diſturbance formation a-
and hinderance of the sale of the Church-Ale, as his Lordſhip pretended, and againſt the Bi-
further Examined me upon Oath, whether I had not the faid Sermons Preached Thop of Bath
and sells by
for the ſame purpoſe and intent, admoniſhing me for the future, peither to
one cmes a
Preach my ſelf, nor ſuffer any other to Preach in my Gure, in the afternoon, Miniſter in his
of either the Lords Day, or Holy Days.
Dioceſs.
2 I heard him ſay to his Regiſter, That whereas Information had been
given concerning certain Miniſters, that they expounded upon the Catechiſm,
this Information was too narrow to catch them, and therefore it ſhould have
run thus, That they Catechiſed or expounded upon the Catechiſm Sermon-wiſe,
and then they would have been obnoxious tocenſure.
3. At the meeting to Elect Clerks of the Convocation he threatned to ſend
forth Cenſures of the Church, againſt all that would not pay in the Benevolence,
late granted, in the late Synod, within a Fortnight after the ſecond Day of
November laſt paſt; And further at the ſaid Election, his Son gave eight ſingle
Voices; two as Arch-Deacon of Bath; two, as Prebend of the Church of
Wells; two, as Parſon of Buckland St. Mary; two, as Vicar of Kingsbury: and
many others alſo there preſent, gave as many double Voices, as they had Bene-
fices and Dignities; againſt which one Mr. Rofwel protested, ſaying, that it
was Illegal , The Bishop replyed, that they gave in ſeveral capacities, and
thereupon commanded hím ſilence, ſaying, that he was a Young man.
4. That upon the meer Information of Mr. Humphrey Sydenham, Rector of
Buckington,that in a certain Sermon Preached at theViſitation of the Arch-Deacon
of Taunton, I beſpattered the Clergy; The Biſhop Summoned me before him
down to Wells, and there objected unto me, that I had Preached a Scandalous
Sermon, wherein I had caſt fome aſperſions on ſome of the Clergy. Upon
which charge I proffer'd to bring in an exact Copy of the Sermon I Preacht,
and to depoſe, that I ſpake neither more nor leſs, then was contained in the
faid Copy ; This the Biſhop would not accept of, ſaying that he would not
have the Miniſters, who came to witneſs againſt me, troubled with a Second
Journey : One of my Proctors deſired time, till the next Court Day, for me
to give in my anſwer; the Biſhop commanded him to hold his, Peace; and the
other Proctor though he was retained by me, and had received a Fee, never
opened his mouth, pretending unto me, that becauſe the Biſhop was ſo highly
diſpleaſed with me, he durſt not appear on my behalf. Being denyed time
to give in my anſwer at the next Court Day, 'I deſired reſpit until the af-
...ternoon,
+
L'
+
+
4
41
July,
I 6 41.
:
414
An Impartial Collection of all the memorable Events
ternoon; this alſo was denyed; In fine,contrary to the rules of their own Court,
he examined witneſſes againſt me, and proceeded to Cenſure me, before lié
received my full anſwer; he would not hear the anſwer, which I could give to
the Articles objected to me, which I profer'd to give; and which he had by
Oath required me to give ; further, by vertue of the Oath he adminiſtred un-
to me, he queſtioned me not only concerning matters of outward fact, but alſo
concerning my moſt ſecret thoughts, intentions and aims. Moreover whereas
the Witneſſes confeſſed that I only ſaid, in the foreſaid Seynion, that ſome put
the Scriptures into a Staged dreſs; the Biſhop perſuaded them, that, that
expreſſion was equivalent with the Article objected, that ſome mens Sermons
were Stage-Plays, and they by, his perſuaſion, ſwore down-right, that I ſaid
fome mens Sermons were Stage-Plays ; ,The Doctor made an Act and Order,
that I ſhould make publick retractation, which I refuſed to do and appealid unto
the Arches ; But upon either the Biſhops, or M. Sydenham's Information, my
Proctor Hunt renounced my Appeal, and Sir John Lamb diſmilled the ſame cauſe,
without hearing, unto the Biſhop again.
5. The Church-wardens of my Pariſh, by order from the Biſhop, were en-
joyned to turn the Communion-Table, and place it Altar-wiſe, &c. Now they,
that they might neither diſpleaſe the Biſhop, nor tranſgreſs againſt the Ru-
brick of the Liturgy, made it an exact ſquare Table, that ſo notwithſtanding
the Biſhops Order, the Miniſter might ſtill Officiate at the North-ſide of the
Table ; M. Humphrey Sydenham Informed againſt this, and upon Information,
the Biſhop ſent to view it; and upon his view he certified the Biſhop, that it
was like an Oyſter-Table, whereupon the Biſhop ordered the Church-wardens
to make a new one.
6. Upon Mr. Humphrey Sydenham's Information that M. John Pym was a Par-
liamenteer, the Biſhop would not fuffer me any longer to fojourn in his Houfe,
although before ſuch Information he gave me leave : And when I demanded of
ſome of his Servants, the reaſon why
his Lordſhip had thus changed his mind,
they told me that his Lordſhip was informed by M. Sydenham that M. Pym was
a Puritan.
By which laſt Article it is evident the finger of Joab was in this mat-
ter, and Mr. Pym in whoſe Houſe this Informer Sojourned, was a very
great Maſter, and it ſeems found an apt Scholar of this Nonconformiſt,
in the Art of blackning; and nothing can be more plain then that be-
cauſe the Biſhop had Proſecuted this Miniſter for liis Non-conformity,
therefore out of Revenge he now perſecuted the Biſhop; and in telling
his own Story it is fairly to be preſumed he puts the beſt Foor forward,
and does not Ex officio tell us his own real Guilt, which was obſtinate
Non-Conformity, and frequent railing againſt the Biſhops and Church-
Government, the common Theams upon which theſe Perſons, who ap-
peared ſo zealous for Preaching, employed their Talent both in the Morn-
ing and Afternoon. And this was the true reaſon why the Biſhops of
that time were againſt Lectures and Afternoon Sermons, becauſe they
ſaw thoſe Miniſters who were moſt forward for them, were wholly ad-
dicted to this way of abuſing the Ordinance of Preaching, to unſettle
the Minds of the People and diſturb the Publick Peace. And wiſely it was
forſeen, could it have been as eaſily prevented ; for from the Pulpit were
the firſt Seeds of Rebellion ſown among the People, from thence they
were cultivated and improved into actual War againſt the King, as the le-
quel of this Hiſtory will ſhew.
This Day the Bill for taking the Proteſtation being read ia the Houſe
The Bill for all
Perſons taking of Lords,it was by their Lordihips urged,That though they approved of the
the Proteſtati. taking of it by the Members of each Houſe, yet they did not of the General
taking of it throughout the Kingdom. Upon which the Bill was dimif-
ſed, of which the Commons having Notice, they preſently laid it
upon
the Biſhops, and Popiſh Lords in the Houſe, and came immediately to
theſe Votes upon it.
Reſolved
1
1
on thrown out
of the Hours
of Lords.
.
4
1
1
1
i-
Votes about ia.
teſtation and
.
1
+
..
1
a' !!
..
from the Scotch Rebellion to the King's Murther. 415
Reſolved, &c. That this Houſe doth conceive that the Protestation July,
made by this Houſe, is fit to be taken by every perſon that is well affected
1 641.
in Religion, and to the good of the Common-Wealth; and therefore dothy
declare, that what Perſon Soever ſhall not take the Proteſtation, is unfit to king che Pro-
bear Office in the Church or Common-Wealth.
Reſolved, &c. That the Knights, Citizens and Burgeſſes, and the Ba-
impeaching
the Biſhops.
rons of the Cinque Ports reſpectively, shall forthwith fend.down to the ſeve-
ral Places for which they fervė, Copies of this Vote of the Houſe, con-
cerning the Proteſtation.
Reſolved, &c. That theſe Votes ſhall be printed, and Atteſted under
the Clerks Hand,
It was alſo Ordered, That a Committee ſhall prepare an Impeachment
againſt the Biſhops, the Makers of the New Canons and Oath,
upon
the
Votes that have paſt both Houſes concerning theſe Canons and Oath, to meet
this Afternoon in the Inner Court of Wards.
The farther Debate concerning the Bill for aboliſhing Epiſcopacy, was satirday,
this Day reaſſumed by the Commons, who were extremely Nettled at the Fuly 3 i.
throwing out the Bill for taking the Proteſtation out of the Lords Houſe,
and it was ordered, That the Knights and Burgeſſes of every County,
bring in the Names of nine Perſons, who were to be Eccleſiaſtical Com-
miſſioners upon whom the Power of the Church Government ſhould
be devolved, and that no Clergy-Man-Should be of the Commif-
ſion.
So that upon the Matter, here was to be a thorough Reformation in-
deed, and not only the Biſhops were to be excluded from Government,
but
all the Inferior Clergy. A Government ſo far from Primi.
tive, that no Age ever ſaw any thing like it, and which had it ſucceed-
ed, would have juſtified the Vulgar Scomm of the Papiſts, that our
Religion is a Parliament Religion.
The Treaſurer of the Nvay made a Report, that there is due to the
King's Navy'Irzdoo l.
In the Houſe of Lords this Day, was made an Order for the more ſe- Anorder ofthe
cure conveyance of the Money to theArmy.
Hereas His Majeſties I reafure for his Army, is forthwith to paſs Money to the
thorough Jeveral Counties unto York, foraſmuch as it is held fit
for the more ſafe Conveyance of it, that the ſame ſhould be guarded by Day
and.Watched by. Night, Thefe are therefore in the Name of the Houſe of
Parliament, Straightly to Charge axd Require you, in your ſeveral Counties
reſpectively, to appoint fome able and ſufficient Perſons of Quality, to aid
and guard bis Majeſties faid Treaſure from. Time to Time, and
from Place to
Place through the ſeveral Counties, and to appoint ſome like Åble and Suf-
ficient Men to Watch and Guard the ſame by Night, at every Town and
Place where the ſame ſhall ſtay, as Occaſion requires. Tou are likewiſe to
provide convenient Rooms for the Treaſure, and Lodging of thoſe that ata
tend it, and Carts and Teams for the conveyance thereof
, paying the uſual
Rates: wherein you may not fail to uſe all poſſible Care and Diligence,
as you tender, the high Diſpleaſure of this Houſe, and will anſwer the con-
trary at your utmoſt Perils; for which, this shall be a ſufficient Warrant. Das
ted the ſecond Day of Auguſt 1641.
To all Majors, Sheriffs, Juſtices of Peace , Bailiffs, Conſtables,
Headboroughs, and all other his Majeſtics Officers and loving Sub-
jects
even
!
Lords for ſem
cure conveyo
ance of the
Army.
W.
7
1
2
i
.
5
1
416
An Impartial Collection of all the memorable Events
jects whom it may concern, to be aiding and aſſiſting to William
Harriſon and Nicholas Goldsborough, and other Conductors of the
Auguſt,
I 64 1
.
ſaid Treaſure.
1
1
f
Monday, The Lords being ſtartled at this way of Procedure, in the Com-
Auguſt 2. mons in the Votes of Friday about the Proteſtation, ſent a Meſſage to
Difference be-
them for a Conference, but the Meſſage not expreſſing the Subject of it,
tween the
Lords and t'ie Commons took it ill, and refuſed to meet, as being contrary to
Commons a-
the Cuſtom of Parliament, but afterwards they ſent by Meſſengers of
bout printing
the Votes for their own, deſiring to know of their Lordſhips the Occaſion of their for-
taking the
mer Meſſage : upon which their Lordſhips informed them, that it was
Proteftation.
about the printed Papers injoyning the taking of the Proteſtation.
Whereupon a Conference being had, the Lords acquainted them, that
they deſired there might be a fair Correſponder.ce between both Hou-
ſes, and in order thereunto, they deſired to be ſatisfied of two things by
the Commons.
1. Whether thoſe Printed Papers were the Votes of their Houſe ?
2.: Whether they were Printed by their Command ?
To both which they were Anſwered affirmatively, and that they
would give their Lordſhips further ſatisfaction in it.
Several Bills This Day theſe Bills being thřice read in the Lords Houſe, and put to
paſſed the
the Queſtion were pafled there.
Lords Houſe
for Hool Chap 1. The Bill for making the Chappel of Hool, a Pariſh Church...on
pel, for Guns 2. The Bill for freë bringing in of Gun-Powder, and Sal-Petre from
Powder, and
for Stannery
Forreign Parts, and for the Free making of Gun-Powder in this
Court and Eg. Realm.
3. The Bill for regulating the Stannery Courts.
4. The Bill for Eggars Free-School in Alton in Com. Southam.
Tueſday, Ata Conference this Day with the LordsMr. Hollis made this fol-
Auguſt 3.
lowing Speech in Juſtification of the: Votes of the Cominons upon
Friday, concerning the General taking of the Proteſtation.
A
oli:
1
fars Free-
School.
1
:
*
1
My Lords,
.
1
Mr. Hollis's
Speech in jur-
I
Am commanded by the Knights Citizens and Burgeſles to preſent unto your
tification of Lordſhips their Anſwer to what was propoſed yeſterday: ::
the Vorcs for
taking the
Proteftation,
1. They take notice of your Lordſhips defire, that a true intelligence may
Aug. 3. 1641.
he kept between the two Houſes, for fo your Lordſhips did expreſs it.
In this they do with all cheerfulneſs concur with your Lordſhips, as know-
ing this conjunction between your Lordſhips and them is the Golden Chain which
binds up in one Gordian knot the Strength, the Beauty, the Happineſs of this
Kingdom, which ſo knit together is not to be broken in ſunder of the fierceſt
viloence.
Therefore who deſires to unlink this Chain, and diſſolve this Knot, or fails
of his part to the preſerving and continuing it faſt, and firm, and entire, let
the ſin of it lye at his Door; nay, let it come into the midſt of his Houſe, and
conſume it, let him periſh, and his poſterity Inherit only his ſhame:
So careful will the Houſe of Commons be to cheriſh and maintain this good
correſpondency with your Lordſhips in all things.
Then for the buſineſs about which your Lordſhips were then pleaſed to con-
fer with them ; which was a Printed Paper you had met withal, as you ſaid,
in your Houſe, ſetting forth fome Reſolutions of the Houſe of Commons :
concerning which you have put unto us theſe two Interrogatories, viz. The
firſt and fecond-Votes, which were read, As before Friday 30. July.
And not finding this paper atteſted by the Clerks under his Hand, they could
not judg of it, till they had reſorted to his Book where their Orders and their
Votes
TEM
1
--
froin the Scotch Rebellion to the King's Murtheř: 419
!
:
Book.
!
1
PU
LE
1
"H
+
Votes are entred : where they fourd their Votes concerning their late Prote Fuly,
ſtation, taken both by your Lordſhips and them, and they found the con-1 1 6 4.1.
,
tents of this paper to agree in terminis with what' is entred in their Clerks
Then they called to mind what had paſſed in the Houſe upon that occaſion
when thoſe reſolutions of theirs were Voted : How they had conſidered of
that Proteſtation that it bound all men to defend the Religion here Eſtabliſhed,
Oc.
This they conceived to be a true Teſt of every good Subject, a Shibbolech to
diſtinguiſh the Ephramites from the Gileadires, that whoſoever was well affected
in Religion, and to the good of the Common-wealth; would make this Pro-
teſtation : and on the other ſide, who would not make it was not well af-
fected.
And ſuch a man they held it their duties, in diſcharge of the truſt re-
poſed in thein by the whole Body of the Kingdom, all the Commons of Enga
land, who have ſent them out as ſo many Sentinels to watch for them, to give
them notice of the good or the evil, Friends or Enemies, coming towards
them, they held it I ſay, their duties to declare their opinions, that ſuch a
Mpn was not their Friend, was unfit to hear Office either in Church or State,
and therefore they paſſed this Vote, that it is a thing fit and neceſſary to be done
by them; and for ſuch they do avow it.
And: beſides, they thought it fit to give an account to thoſe who had employed
them, the ſeveral Counties and Burroughs that ſent them, to give them a mark,
by which they might know who were good men, lovers of their Countrey, fit
to be intruſted with Offices, with the overſight ofany part of Church or State:
and therefore they gave order this Vote ſhould be ſent down unto all the parts
of this Kingdom.
And laſtly, that it might be done ſpeedily, and not ſtay the Writing out of
ſo many Copies, they gave order it ſhould be Printed, and be atteſted under
the Clerks Hand, with order, Ó'c.
The Copies of which three orders your Lordſhips have in this Printed Pa-
per, which the Commons aſembled in Parliament have commanded me to ſig-
nifie unto your Lordſhips, and that the paſſing of theſe Votes they do own, they
do
avow, they do juſtifie.
Mr. Serjeant Wild Reports from the Committee,for the Impeachment
of the Billiops for the New Canons, &c. But the further conſideration of
it was deferred till the next day, and the Houſe entred upon the fur-
ther Debate of the Bill for aboliſhing Epiſcopacy.
Two Private Bills one for Mr. Byarley, the other for Sir Alexander
Denton, were paſſed the Houſe of Lords this Day.
Then a Leiter dared the 27th of 1641 was read, fent from Exceptionis ta-
the Speaker of the Lords Houſe in Ireland, to the Speaker of the Lords ter from the
Houſe in England, and becauſe the Houſe conceived this Letter entrencli- şpcaker of the
ed
upon
the Juriſdiction and Priviledge of this Houſe,therefore it isOrde in Ireland, to
red, That the L Chamberlain, E.March and E. Briſtol,Viſcount Say and Seal, the Speaker of
do attend the King, and ſhew him this Letter, and defire him from this Houte in Eng=
Houſe, that he will be pleaſed to make Stay of the paſſing of thoſe Acts of land.
Grace and Favor that are in Treaty concerning the Kingdom of Ire-
land, until this Buſineſs be determined in this Houſe ; and further humbly
to deſire that the Levying of the14 thouſand Soldiers in Ireland may be ſtay-
ed, if it be not already done; Then theſe Lords; L. Privy Seal, E. Bath,
E Southampton, Epiſcopus Lincoln were appointed to have power from
this Houſe to ſearch Records, and Preſidents concerning Ireland's de-
Wedneſday,
pendency upon this Kingdom, and to report the fame to this Houſe
.
Auguft s.
The Houſe of Commons was informed that the E. of Warwick hath
Vol. II.
Hhh
paid
1
1
ܪ
2
1
1
1
..
+
418 An Impartial Colle&tion of all the memorable Events
July,
paid the Scots 5oooo l. and will have to morrow 5.2300 l. more ready
1641. for themi, which is all the Arrear that is due to them
Serjeant Wild Reports the remaining part of the impeachment of
*the Biſhops concerning the New Canons, which being read and affent-
ed to,was immediately engroſſed and by him fent up to the Lords, where
he delivered it in this manner at the Bar of the Lords Houſe.
',
1
V
I
the New Ca.
1
4
ti
6
My Lords,
The Impeach-
He Knights, Citizens, and Burgeſſes of the Commons Houſe of Parlia-
ment of the
ment, being ſenſible of the great infelicities and tronbles, which the
Biſhops for
Common-wealth hath ſuſtained by the exorbitant courſes of the Biſhops,
nons &c Oath, and knowing well that the Wiſe man faith, That if Sentence be not ſpeedily
Aug. 4. 1641. executed againſt an evil Work, the Hearts of the Sons of Men are ſet upon
further miſchief ; The timely redreſs whereof doth better become the Wiſdom
of Parliament, then a too late woful repentance, have comnianded me to re-
preſent unto your Lordſhips, That
Walter Biſhop of Wincheſter,
Robert Biſhop of Coventrey and Lichfield,
Godrey Biſhop of Glouceſter,
Joſeph Biſhop of Exceter,
John Biſhop of Afaph,
William Biſhop of Bath and Wells,
George Biſhop of Hereford,
Matthew Biſhop of Ely,
William Biſhop of Bangor,
Robert Biſhop of Briſtol,
John Biſhop of Rocheſter,
John Biſhop of Peterborough,
Morgan Biſhop of Landaff, together with
William Arch-Biſhop of Canterbury, and others of the Clergy of
that Province, at a Convocation or Synod for the ſame Province begun at
London in the year 1640, did contrive, make, and promulge ſeveral Conſtitu-
tions and Canons Eccleſiaſtical, containing in them divers matters contrary to
the Kings Prerogative, To the Fundamental Laws and Statutes of the Realm,
To the Rights of Parliament, To the Propriety and Liberty of the Subjects,
and matters tending to Sedition, and of dangerous conſequence.
And to add the more weight and efficacy to this their monſtrous deſign,
They did at the fame Synod under a Specious and fair Title grant a Benevo-
lence or Contribution to His Majeſty, to be paid by the Clergy of that Pro-
vince, contrary to Law : It reſted not there, for though this had been enough
to have affrighted and terrified the Kings People with ſtrange apprehenſions and
fears : yet that theſe miglit not ſeem to be contrivances of the Brain or Fancics
only, they were put in execution, and were executed upon divers with animo-
ſity and rigour, to the great oppreſſion of the Clergy of this Realm, and other
His Majeſties Subjects, and in contempt of the King and of the Law.
Whether theſe Perſons, my Lords, that are culpable of theſe offences, ſhall
be thought fit to have an Intereſt in the Legiſlative power your Lordſhips wif-
dom and juſtice is able to judg.
But for theſe matters and things, the Knights, Citizens and Burgeſſes of the
Commons Houſe in Parliament, in the name of themſelves, and of all the
Commons of England, do Impeach the faid Biſhops before named, of the
Crime, and miſdemeanors before expreſſed, and do therefore pray that they may
be forthwith put to their anſwers in the preſence of the Commons, and that
fuch further proceedings may be had againſt them as to Law and Juſtice ſhall
appertain.
Whether the Lords were ſatisfied with this Declaration of the Com-
inons Reaſons about the Proteſtation is uncertain, but however they
were ſatisfied, that the Commons were Reſolved to have it fo, with or
without
.
!
A
1
1
The
1
3
!!
i
1
from the Scotch Rebellion to the King's Muithér. 419
without their Conſent; and poſſibly they ſaw that had they oppoſed Auguſt,
a thing, then ſo Popular as this was, the inraged Commons would 1.641:
have impeached the greateſt number of them who had oppoſed it, as
well as they did the Biſhops, or at leaſt have expoſed them to the Po-
pular Rage of the Tumults, as they did the Straffordians, and by that
means have excluded them the Houſe, without the help of cither a Vote
or Bill:
1
h1
Report of the
Conference a-
4
1
1
And from this Speech I am aſſured the moſt Partial Reader may eaſi-
ly ſatisfy himſelf, what was the Original Deſign and Intention of this
Solemn Proteftarior, which at firſt appeared to harmleſs and Innocent,
that even many of the Biſhops themſelves took it. For that it was
not Religion, but a perfect Politick Stratagem to enable the Faction, to
accompliſh their long intended Deſign of altering the Government; this
Speech makes evident beyond the Poſſibility of Doubting; it was to be
the Shibboleth of the Party,and the Character of Perſons fit to be truſted
with Offices and Power, both in Church and State. Thus did theſe Politi-
cians ſtalk with Religion, and make uſe upon all Occaſions of that Sacred
and Venerable Name, the better to gain the Eſteem of the People, and to
be able by their power more effectually to accompliſh their own De-
ſigns.
Mr. Pyon Reports the Conference with the Lords about disbanding.
That the Earl of Briſtol was pleaſed to ſay, That the Buſineſs he was to
Speak of, was of great Importance, and that no other Buſineſs but would be bout disband-
delayed at leſs Charges then this might be.
ing.
That the Lord's Commiſſioners propounded to the Scots Commiſſioners to
march homewards the 9th of Auguit,but many of them being then out of Town,
their Anſwer was uncertain : but now my Lord of Lowdon being returned
out of Scotland, the Commiſſioners met yeſterday, and they gave this An-
fwer.
It is impoſſible for them to return the 9th of Auguſt, or any other pre-
fixed Day, becauſe the removal of their Army, depends upon the whole Ar-
rears due to them from Os, and of 80000 l. part of the Brotherly Aſistance
which was promiſed by Us, they ſhould receive : and without this, they
could not disband their Army; yet undertake, that though there be no pre-
fixed Day, yet within 48 Hours after Payment of the Monies at New.Ca-
ſtle, they would not stay under any
. Roof, till they were out of the Kingdom.
It was propoſed to them to receive the 80000 l. the icth of Septem-
ber. My Lord Lowdon returned this Anſwer.
That there is an abſolute impoſſibility to give Satisfaction to their Army
to march away, unleſs they have with their Arrears the foocol for that
they are in debt to their own Army 3.00col. which must be paid nóv. And
be further added, That nothing but an impoſibility ſhould make them Stick
any thing the Parliament doth deſire.
My Lord of Briſtol ſaid further in his own Name and the Name of
the Lords Commiſſioners for England, That it was fit for both Houſes,
to joyn together to pluck up this Buſineſs by the Roots.
He ſaid, That whereas there is about 28000l. Debt due from the Scots
to the County Palatine of Durham and New-Cattle, Certified under the
Commiſſaries Hands, that they would be content that that Summ might be
deducted out of the 80000 l. here, if the Country will le Content to be
paid by the Parliament, and deſired that a Letter might be ſent to the Com-
miſſioners of thoſe Counties, to treat with the County to get their conſent ac-
cordingly.
Vol. II.
Hhh 2
He
1
at
I 6 41,
។
1
.
H.
.
420 An Impartial Collection of all the memorable Events
Auguſt, He ſaid further, That this matter did not ſtand upon one ſtring, there
is another matter which is concerning the Treaty: the Commiſſioners being
now returned, have brought word that the Parliament in Scotland have
viewed and paſſed the Treaty, only ſome few things of Explanation alter-
ed ; Some other things there were, wherein they were not fully ſatisfied
in their demands, yet have declared this ſhould breed no difference, but
would leave it to be ſettled by Commiſioners at better leizure. And so
they have agreed this day to meet to Collate the Treaty, and have reſol-
ved to draw it into the form of an Act of Parliament, and they hope to finiſh
it within a day or two.
The next thing was for the Security of the 220000 L behind of the
Brotherly Aſiſtance, and this was yielded to in the general, having for-
merly ſigned this, therefore deſire this Houſe to haſten the Bill for the
Security for the payment of this Mony, and that ſome 5 or 6 be named of
the Commiſſioners, to whom they might reſort for the ſame ; and the rä-
ther to haſten this becauſe the King takes his fourney on Monday for Scot-
land.
This being, after the Conference, debated in the Houſe of Commons,
Sir William Darcy, Sir John Conyers, Mr. Hallyman, Mr. Selwin, and Mr.
Lilburn undertake that the Country would not only accept payment
of the Billet from this Houſe, but will thank this Houſe if they ſhall
pleaſe to appoint any fuch Courſe for the payment of the Billet.,
Whereupon it was agreed, That the Houſe will undertake it, and
pay
28000 l. in November next or ſooner : Mr. Speaker to write Letters to
this purpoſe for the conſent of thoſe Counties.
It was alſo Ordered, That the Knights, Citizens and Burgeſes endea-
vour to expedite the gathering in of the Poll-mony in their reſpective
Counties and Places, and the ſending up what is received.
Upon the Petition of the Lady Margaret Wotton Baroneſs of Marleigh,
the Lady Wot-complaining of an Indictment and Conviction of Recuſancy, proſecuted
ton a Recuſant againſt her contrary to the Priviledges of Parliament: It is Ordered,
That a Certiorari do iſue forth to Return the Indictment into this Houſe,
and that a Writ of Errour may alſo be brought to Reverſe the Conviction,
if any Error ſhall be found therein, whereupon their Lordſhips will proceed
The Report according as they ſhall think fit.
The Lord Biſhop of Lincoln reported the Conference with the Com-
the Impeach- mons concerning the Judges to this effect.
That the Houſe of Commons had formerly brought up fix Impeachments
judges.
againſt fix ſeveral Judges
, one whereof ivas for High-Treaſon : the proofs
of which Impeachment will not ariſe from Witnelles
, but out of Records,
which have been Voted by this Houſe already to be illegal, &c. It was
further ſaid, That the Houſe of Commons do underſtand that ſeveral Com-
millions are lately made to theſe ſeveral Fudges, who are Impeached for ſe-
veral Miſdemeanours, to go Circuits in ſeveral Counties in this Kingdom,
but they conceive, that their Names will be unacceptable, and their Perſons
umwelcome ; and, being this Impeached, to become Fudges of Mers Lives
and Eſtates will be a thing of great offence and diſtraction.
Therefore the Houſe of Commons défired that all the Commiſſions gran-
ted to the Peccant Fudges may be ſuperſeded, and that their Names
be no more vſed in Commiſions, and
when the great Affairs now in agita-
tion be diſpatched, they dėſired their Lordſhips
to take their Impeachments
into Conſideration, and proceed therein according to Juſtice.
Order about
Pecrers.
of the Confe-
rence about
.:
ment of thic
:
1
1
t
HI
-
.
i
may
*
1
Ordered,
***
*
1.
:
!
.
Lord Bruce
introducted
The Kings
Answer about
1
..
from the Scotch Rebellion to the King's Murtber: 421
Ordered, That this Houſe Confents to both theſe Requeſts of the Houſe Auguft,
of Commons touching the aforeſaid Judges.
I 64 I..
This day the Lord Bruce was introducted with the uſual Ceremo-
nics, his Patent bearing Date Aug. 2. 1641.
The Earl of March reported to this Houſe, That His Majeſty. is pleaſed
to like well of the Advice of this Houſe concerning the ſtaying of the Arts
of Grace and Favour, which were to be paſſed for the Kingdom of Ireland, the Irish A Asi
and will give order it Mall be done accordingly, until this Houfe kath.
conſidered of the Letter ſent to the Lord Keeper froin the Speaker of the
Lords Houſe in Ireland.
The Earl of Briſtol reported the Propoſitions and Articles given in propoſitions
by the Scots Commiſſioners, after the Lord Lowdor's return from the Commillion-
Parliament of Scotland, which were read as followerh.
Engliſh Lords
Hat the Treaty of Peace may be brought to a ſpeedy and happy Commiſſion-
Cloſe, we do offer to your Lordſhips Conſideration the follow-
ers, August s.
ing Particulars.
Propoſitions
1.
“ That as ſoon as the Scottiſh Army ſhall remove out of England to
Scotland, the Engliſh Garriſons of Berwick and Carliſle may remove
fimul & ſemel.
II.
IM
ers and An-
ſwers of the
.
1641.
HI
for the conclus
ding the Peace
with the Scots.
!
1
IE
"
.
CC
11
(6
" of one
.
.
F
“Left Malefactors who have committed Murder, and the like Crimes,
crave the Benefit of the Act of Pacification and Oblivion, for whom
“ it is no ways intended, there would be an Exception from the ſaid
Acts of all Legal purſuits intended; or to be intended within the ſpace
year after the Date of the Treaty againſt Thieves, * Horners, A Scorch word
“ Out-lawers
, Fugitives, Murderers, Broken men, or their Receptaries, municate Per-
"for whatſoever Theft's, Rifes, Hardſhips, Oppreſſicns, Depredations or fons.
“Murders done or committed by them, and all Lawful Decrets given
or to be given by the Parliament, or any Commiſſioners to be appoin-
ted by them for that effect, whó thall have power to Dignoſce and
“ take Cognition, whether the fame falls within the ſaid Act of Pacifi-
cation or Oblivion or not.
III.
" It is deſired that the demand concerning the not making or de-
“nouncing War with Forreigners, without conſent of both Parliaments,
be condeſcended unto by the King and the Parliament of England
“which is Ordained and Univerſally obſerved in all mutual Leagues,
which are both Offenſive and Defenſive ; and becauſe the Wars de-
“nounced by one of the Kingdoms with Forreigners, although made
“ without conſent of the other Kingdom, will Engage them by neceſ-
ſary Conſequence : Or if the Conſideration of this Propoſition ſhall
require longer time then the preſent Condition of the Important. Af-
fairs of the Parliament may permit, and left the ſpeedy Cloſe of the
Treaty be thereby impeded, it is deſired that this Demand with the
“ other Two Articles of the fame Nature, the one concerning Leagues
" and Confederations, and the other concerning mutual Supply in caſe
“ of Forreign Invaſion, may all three be remitted to Commillioners to be
“ choſen by both Parliaments, who ſhall have power to Adviſe and Treat
theremi
niay
CC
5
1
1
lu
63
10
C
CG
16
422 An Impartial Collection of all the memorable Events
Auguſt, thereupon for the good of both Kingdoms, afid Report to the Parlia-
I 641.
ment Reſpectively.
I V.
It is deſired, That the Articles concerning Trade and Commerce,
Naturalization, mutual Priviledge and Capacity, and others of that
nature already demanded, may be condeſcended unto by the King and
* Parliament of England ; and namely that demand anent the Preſſing
of Men and Ships by Sea or Land : Or if ſhortneſs of time may not
permit the preſent determination of theſe Demands, it is deſired, that
“ the ſame, except fo many of them as are already agreed unto by the
« Commiſſioners for Trade, may be remitted to Commiſſioners, to be
“choſen by both Parliaments, who ſhall have Power to Treat and Ad-
“ viſe thereof for the good of both Kingdoms, and to make Reports to
“ the Parliament reſpectively ; and that the Charters or Warrants of
“the Scottiſh Nation for freedom of Shipping in England or Ireland
“ from all Cuſtoms, Imports, Duties and Fees more then are paid by the
“Natives of England or Ireland, granted by King James under the Great
Seal of England upon the 11th day of April, in the 13th year of his
Reign, and Confirmed by King Charles upon the 19th of April, in
“the 8th year of his Reign, may be Enacted and Ratified in this Parlia-
ment.
V.
(C
« That the Extracts of Bonds and Decrets upon Record, and Regiſters
in Scotland may have the like Faith and Execution as the French Ta-
bellons have in England and Ireland, ſeeing they are of a like Nature,
and deſerves more Credit, and if this cannot be done at this time, that
it be remitted to the former Commiſſion from both Parliaments.
y I.
« The manner of Safe Conduct for Tranſporting the Monys from
England or Scotland by Sea or Land, would be condeſcended unto in
" ſuch way as the Charges be not Exorbitant, and may be preſently
s known.
VII.
“ The Tenor of the Commiſſion for Conſerving of Peace, would be
“ condeſcended unto, together with the Times and Places of meeting,
" and whole frame thereof, the draught whereof, when it is drawn up
" in England is to be repreſented to the Parliament of Scotland, that
they may make the like Commiſſion, and name their Commiſſioners
« for that effect.
VIII.
The Parliament of Scotland do join their earneſt and hearty deſires,
" and craves the Parliament of England's Concurrence, that none be
placed about the Prince's Highneſs, but ſuch as are of the Reformed
Religion
IX
66
:
06
That an Act of Parliament of Publick Faith for payment of the
220000 l. which is Arrear of the Brotherly aſſiſtance may be preſent-
“ ly
H
j
1
lr
from the Scotch Rebellion to the King's Murther. 423
ly framed and expedited according to the Terms agreed upon. Auguft,
I 64I;
H
X.
и u
H
1
1
It is deſired that the Qyorum. to whom the Scots ſhould Addreſs
" themſelves for payment of the 220000. I. be condeſcended upon,
XI.
THI
1
!
That the Order for recalling all Proclamations made againſt His
Majeſties Subjects of Scotland, be drawn up, and intimate in due Form
and Time, with the Public Thankſgiving at all the Pariſh Churches of
His Majeſties Dominions.
XII.
It is deſired, That the Articles concerning the Caſtle of Edinburgh,
and other Strengths of that Kingdom may be underſtood to be, that
“ the ſame ſhall be diſpoſed of for the Weal of the Kingdom, as the
King and Parliament ſhall think Expedient.
!
1
.
1
F
.
ments.
3
The Engliſh Lords Commiſſioners Anſwers.
Hat upon the disbanding the Scottiſh Army, the Garriſons of Ber-
wick and Carliſle ſhall be removed according to the Articles of the
Treaty in that behalf.
The Second Article is condeſcended unto, according to the Propoſition
added to the Axt of Pacification.
The Third Demand concerning making of War with Forreigners, with
the other Two Articles concerning Leagues and Confederations, and concer-
ning mutual Supply and Aſſiſtance againſt forreign Invaſion, is agreed to
be referred to Commiſſioners to be choſen by His Majeſty and the Parlia-
As likewiſe the Fourth, Fifth and Sixth Articles concerning Trade,
Commerce, Natur.zlization, mutual Priviledges and Capacity, and other of
that Nature, and the demands concerning theĒxtract of Bonds and Decrets,
and the manner of Safe Conduct for Transporting the Monys from England
to Scotland, are all referred to be taken into confideration by ihe com-
miſſioners to be appointed by both Parliaments, who ſhall have power to
Adviſe and Treat thereupon, and report to the Parliaments reſpectively.
It is juſt that the Tenor of the Commiſſion for Conſerving of Peace ſhould
be agreed on by mutual Conſent, but the cloſing of the Treaty not to stay
hereupon, but to be left to the Commiſſioners to be named.
To that deſire concerning ſuch as ſhould be placed about the Prince, the
King hath already given a clear ſatisfactory Anſwer. That there be an
A&t of Parliament of Publick Faith for ſecuring the payment of 220000 1.
which is Arrear of the Brotherly Aſſiſtance is juſt, and order is given for
it accordingly, and it ſhall be Communicated with the Scottiſh Commiſio-
ners, that it may be a perfe& Security.
The Tenth, for appointing a Quorum for attending the payment of the
Mony is already moved to the Parliament, and will be done as is de-
fired.
The Eleventh Article is very juſt, and order ſhall be given accordingly
for
recalling all Proclamations, and for Publick Thankſgiving.
The Twelfth Article for the Caſtle of Edinburgh and other Strengths of
Scotland,
!
1
1
.
!
1
Conference 2.
Regni.
1
IH
unto.
1
424 An Impartial Collection of all the memorable Events
Auguſt, Scotland, is to be ſettled betwixt His Majeſty and the Commiſſioners of
16 41: Scotland, or by His Majeſty and the Parliament of Scotland.
Which being read, this Houſe approved both of the Propoſitions and
the Anſwers, and Ordered, That they ſhould be communicated to the
Houſe of Commons to morrow morning.
Thurſday, Mr. Pyn Reports the Conference with the Lords concerning the Cu-
Report of the Stos Regni.
Lord Privy Seal told them, That the occaſion of this Conference was the
bour clie Cuſtos matter. of a former Conference deſired by this Houſe, wherein two Propo-
ſitions were delivered concerning a Cuſtos Regni, Commiſſioners to be ap-
pointed in the Kings abſence to paſs theſe Bills,
: 1. The Act of Treaty.
2. Any Bill for raiſing Mony as there ſhall be occaſion.
3. For raiſing of Forces for Service at Sea and Land, to refift forreign
Invaſions or Seditions at home, with all things neceſarily incident there-
4. Any Bill for Tonnage and Poundage, or other Duties upon the Ex-
portation or Importation of Commodities.
5. The Bill for the preſervation of the Mines for Salt-Petre, and making
Gun-Powder for the defence of the Kingdom.
6. A Pover to paſſ the Bill concerning the 8 Subſidies given by the
Clergy.
A ſkort. Act to be drawn Authorizing the Paſſing of Bills to be conceived
upon theſe Heads.
Lord Say ſaid, That the Lords intended not to conclude this Houſe, but
that they might add what
they fiould think neceſſary to be Expedited in the
King's abſence, and that ſome Courſe might be taken that the Parliament
might. Sit till an Ait might paſs to Enable and confirm this Com-
million.
The Houſe was then acquainted, That the Biſhoprick of Durham,
County of Northumberland, and Town of Newcaſtle are willing to take
the Parliaments Security for Billet : Whereupon it was agreed, That the
Horſe is contented to pay with all ſpeed unto the Scots Commiſſioners the
reſidue of the 80000 l. which they have provided accordingly, and deſire
that the Scots Commiſſioners give
Speedy notice thereof unto
their General,
whereby he may apply himſelf
to put the Army into a readineſs to march
away according to their promiſes, immediately upon the receipt of the ſaid
Menys. And this Houſe deſireth they will receive ſo much of the Said
Mony here as conveniently they can diſpoſe of, and the Houſe is ready to
ſend the Reſidue to Newcaſtle if they ſhall deſire it.
This day one Mr. Smith Rector of Long-Ditton in Kent, who was
ſent for as a Delinquent, upon an Information given in againſt him by
houſe. ſome of the Godly and Well Affected Party, that he ſhould ſay, The
Houſe of Commons had undeſervedly Impriſoned an honeſter Man than any
of themſelves
, in the Tower; meaning the Arch-Biſhop of Canterbury.
For which he was committed to the Gate-Houſe.
Bill agaioft
Knighthood,
This day the Bill to prevent vexatious proceedings touching the Or-
palled by the der of Knighthood being read a Third time, and put to the Queſtion,
it was Reſolved to paſs as a Law.
Meſſage from
A Meſſage was brought from the Houſe of Commons by Sir Philip
about disban- Stapleton to let their Lordſhips knoty, That they have conſidered of the
disbanding
1
1
Mr. Smith a
Miniſter rent
to the Gate-
".
Lords.
the Commons
1
como
1
1
+
.
Commons re.
1
upon a Locum
Tenens in the
Conference an
from the Scotch Rebellion to the King's Murther: #25
disbanding of both Armies, and are provided of Mony to effect it, and that Auguft,
they have reſolved to take the Públick Faith of the Scots for their difli
1 6.4.1..
banding : Further, That the Houſe of Commons had made an Order,
That the Horſe of the King's Army be firſt disbanded, therefore do deſire this
Houſe to joyn with them, That the Horſe of the King's Army be firſt diſ-
banded, and that forthwith : To which after ſome Conſideration the
Lords agreed.
The Petition of the Creditors of Sir Thomas Dawes was read, ſliewing, À Në ëžéat vegi
That they ſtand bound with the ſaid Sir Thomas for great Sums of Mony, num awarded
and they have Reaſon to fear that he will depart this Kingdom : Here- Tho. Dawesi
upon it was Ordered, That there ſhall be a Ne Exeat Regnum iſſued out
againſt the ſaid Sir Thomas Dawes.
The Houſe of Cominons being upon the Conſideration of the King's Friday,
Journey, it was
Auguſt 6.
Reſolved, &c. That this Houſe ſtall,at a Conference with the Lords,infist folved to infift
upon the King's appointing a Locum Tenens during his abſence.
The Biſhop of Lincoln reports the Conference with the Commons | Kings ablence.
about a Locum Tenens in the King's abſence, in theſe words,
That formerly the Houſe of Commons had brought up a Propoſition con- bout a locum
cerning a Cuſtos Regni in the King's abſence, of which they have recei- tenens in the
ved no Anſwer, which makes them now renew it again as formerly
, and they Kings abſence:
do offer ſome more Reaſons.
(1.) Becauſe that in the King's abſence many Emergent Occaſions may
happen in Parliament or otherwiſe, where neceſary uſe may be of the
King's Authority, eſpecially in theſe time when things are not yet ſo fully
Setled.
( 2.) That by all Preſidents it doth appear, That when a Parliament
was sitting in the King's abſence, there was a Cuſtos Regni, or Lo-
cum Tenens.
(3.) For to have a Limited Commiſſion to paſ particular Bills in
certain matters, wherein the Bills are not yet framed, is without any Pre-
fident that they can find, and may be ſubject to Diſpute and Queſtion, and
of dangerous Conſequence.
Though the ſucceſs did not Anſwer tlieir Expectation, yet it was
fairly puſht by the Faction, and had they gained this point, they would
by his Authority, which they had not yet learnt to ſeparate from his
Perſon, as afterwards they did, have left him little beſides the name of
a King before his return out of Scotland : But His Majeſty began now
though ſomething with the lateſt to be aſſured of what before he had
feared ; nor had he reaſon to repoſe ſuch a Truſt in any of their Favour-
ites, as his Royal Anceſtors had done in their near Relations; which
were the Preſidents they ſhewed, during the Wars of our Kings with
France, when the Nation was Unanimous, the Commons Peaceable and
Obedient, and the Parliaments Zealous of the Prerogative and Great-
neſs of their Kings, and the Glory of their Nation, and not Fly-blown
with Fears and Jealouſies of Arbitrary Government, even when they faw
their Sovereigns at the Head of their Victorious Troops ; and had the
King conſented, the Earl of Ellex, then their Darling, had been the
Man, and how far Ambition and Revenge Armed with ſuch Power,and
Supported with ſuch a prevailing Faction might have tranſported him,
his future Actions do moſt evidently Demonſtrate.
ܪ
Vol. II.
Iii
Thë
.
}
!
.
Earl of Pem-
Lords.
1
Report of the
T
1
boat the
Treaty
!
:
426
An Impartial Colle&tion of all the memorable Everits
August, The Bill for aſſuring a Meſſuage called Dureſm-Houſe, part of the
16:41. Poffeffion of the Biſhop of Durham, lying in the Pariſh of St. Martin's,
to Philip Earl of Pembroke and Montgomery and his Heirs, : paying a
brokes Bill for yearly Rent of 200 l. to the ſaid Biſhop and his Succeſſors in lieu there-
Durham Houſe of, &c. being read a third time, and put to the Queſtion, it was Re-
paſſed the
ſolved by the major part to paſs as a Law.
After which Sir John Culpeper reports the Conference with the Lords
Conference da about the Treaty.
My Lord of Briſtol began the diſcourſe, and ſaid, My Lord Lowdon
was returned out of. Scotland, and had brought certain Explanations of the
Treaty: That the Engliſh Commiſſioners had looked them over, and had
preſented them to the Lords, who have approved thereof, together with
the Anſwers, and had commanded him to preſent them to us. My Lord
Wharton read the Propoſitions, and the other the Anſwers ; when thele
Papers were read, he ſaid, The Lords deſired they ſhould be read in this
Houſe for form fake, and agreed upon here, and ſent up with all speed to
the Lords, whereby, it may be put into an Act of Parliament.
His Lordſhip went further, and ſaid, be had ſomething more to deli-
ver concerning the Treaty at Rippon, of the Reaſons that moved thoſe
Commiſſioners to agree unto it, and though it might not be accounted ſo
full of Glory and Honour to the Nation, as it had been in former times, yet
conſidering the ſtrait that ſome perſons have put this Kingdom into, it is
a happy Concluſion both for the King and Kingdom : That it had coſt the
ming into this Kingdom u100000,l beſides Damages, and that he thought it convenient
Kingdom coft that ſome Writing, be drawn concerning this Treaty for ſatisfaction to Po-
ſterity, of the Carriage of this Buſineſs.
My Lord Privy Seal then ſpoke concerning the Spaniſh Ambaſſador,
and ſaid,That the i2000 Men,which the Spanith Ambaſador did defire was
an Army, and that the King was now content be ſhould accept of three or
four thouſand, if the Parliament did adviſe him, to which the Lords have
aſented, and deſired the advice of this Houſe.
My Lord of Briſtol ſaid further, That when the Spaniſh Ambaſadour
disburſed this Money, it was an acceptable work to this Kingdom, and
therefore it was a great conſideration to move their Houſe unto it, and con-
hidering how many thouſand Pounds he hath disburſed about the fame.
The Houſe after the reading of them aſſented to the Articles propo-
ſed by the Scots at the Lord Lowdin's return.
I could heartily with there had been ſuch a writing drawn as my
Lord of Briſtol deſired, and thought fit for the ſatisfaction of Poſterity,
and that I could have obliged them with a view of it. But I fear our
Grand-Children will bluſh to ſee the blood of their Anceſtors ſo palled
in their Veins, as without a blow ſtruck in a manner, or any generous
reſiſtance made, at the expence of 1100000 l. beſides Damages, to pur-
chaſe an inglorious Peace from an invading Enemy.
Yet poflibly ſomething may be pleaded'in mitigation, when it Thall
appear that it ought not wholly to be attributed to the Body of the
Engliſh Nation, but to the Arts of the diſcontented Presbyterian Facti-
on; who firſt Invited, then Courted and Careſſed theſe friendly Ene-
mies, giving them the ſoft Title of their Brethren of Scotland, and
ſweetning that heavy Impoſition of mony, which the whole Nation was
to beár, with the Title of the Brotherly Aſſiſtance ; that ſo by their
help, if the King ſhould not comply with their deſires, they might ob-
tain that from him by Force and Arms, which they could not by all
che Nation
I100ccol.
beſides dam-
ages.
1
1
+
their
1
1
WE
the Lord Man-
* This Lord St-
vil was ad Il-
from the Scotch Rebellion to the King's Murther. 427
their Arts of Flattery and Diſſimulation, in which certainly they were | Auguſt,
the moſt accompliſhed Perſons in the World.
I 6:51.
Now, that it may appear that there was a Foundation for this Invi-
tation of the Scottiſh Army to invade England, beſides what I have ſeen
in ſeveral Prints, that Mr. Hambden and others, principal Men of the
Faction, made frequent Journeys into Scotland, and had many Meet-
ings and Conſultations, how to carry on their Combination and joynt
Concern. I will give the Reader a ſhort Account, out of the Memoirs
of the late Earl of Mancheſter, then Lord Mandeville an Actor in this
Affair, which take in his own Words, and as I have good Aſſurance writ-
ten with his own Hand, as follows.
Hen, ſaith he, the Commiſſioners were come to Rippon, all An A& out of
due Ceremonies and Civilities were performed each to other,
chefters Me-
which ended the firſt Days meeting. And here give me leave to moires of the
make a neceſſary Digreſſion, for the Vindication of thoſe Lords, Invitation of
whom the Lord Savile had made Parties, to the deſign of bringing vade England.
“in the Scotch Army.
“When the Scotch Commiſſioners, had paſſed the Ceremonies and
legitimate ſlip
"General Civilities at the firſt meeting with the Engliſh Commiſſio- of the Honora-
ners, the Lord Lowdor, and Sir Archibald Johnſton applied themſelves ble Family of
particularly to the Lord Mandeville, defiring him to give them a pri- which makes
vate meeting, that they might impart to him, ſomething of near it the lefs to
concernment to himſelf and others of the Lords then preſent; this that he ſhould
was readily granted, and they three, went immediately to the Lord do ſo baſe &
"Mandevilles Lodging, where being ſet together, the Lord Lowdon be- denerate an
gun with very fevere Expoſtulations,charging the Earls of Bedford, EJ-
"Jex and Warwick, the Lord Viſcount Say and Seal, the Lord Brook,
Savile and himſelf, with the higheſt breach of their Promiſes and En-
gagements, profeſſing that they had never invaded England, but
up-
“ on confidence of their keepiog Faith with them, according to thoſe
" Articles which they had signed and ſent unto them.
When this Narrative was made by the Lord Lowdon, and confirm-
"ed by Sir Archibald Johnſton, the Lord Mandeville ſtood amazed, and
proteſted with clear and folemn Alleverations, that he was a Stranger
and altogether ignorant of any ſuch Deſigns, Articles or Ingage-
ment, and he was very confident, that he might affirm the like in the
behalf of the reſt of thoſe Lords, whom they thus charged with
“breach of Promiſe; but this Denial was no way Satisfactory unto
"them, but was taken as a diſingenuous Denial, and the Lord Lowdon
urged it as an Act of great Ingratitude towards them, that had haz-
szarded all that was dear unto them, upon the preſſing Perſwalions,
"and ſolemn Ingagements of thoſe Lords, and they told the Lord Man-
deville, that the Lord Saville had firſt treated with the Lord Low-
« don when he was Priſoner in the Tower, in the Names of a conſide-
rable Part of the Nobility and Gentry of England; and that after
"he was releaſed, and had been ſome few weeks in Scotland, the Lord
Saville fent the Articles of Agreement, ſubſcribed by thoſe Lords in-
"to Scotland, by Mr. Henry Darley, and they did not doubt, but the
Lord Saville would avow all this to be true.
“The Lord Mandeville willingly accepted of the Lord Savilles Teſti-
“mony of the Truth of their Affertions, and deſired they might meet
"the next day with the Lord Saville, but that in the Interim, he might
Vol. II.
Iii 2
ci
(
fas
“
1
1
65
not
-1
.
16C
66
:
I
CC
.
ritulcd to the
428 An Impartial Collection of all the memorable Events
Auguſt, not know what had now paſſed between them, which they promiſed;
I 641.
and the next day they all met,and when the Lord Lowdon had made his
Narrative, and urged his former Charge, he in the preſence of the
Lord Mandeville, with a ſurprized Countenance and other Expreſſi-
ons of Guilt, confeſſed the Truth, acknowledging that he had never
acquainted any of thoſe Lords, with the leaſt particular of the De-
ſign, or of the Articles of Engagement, and that he had counterfeit-
ed their Hands, in ſubſcribing their Names to the Declaration and En-
gagement, which was ſent into Scotland: fome Apologies he did of-
"fer, as that he found the backwardneſs of the Covenanters to be ſuch,
that they would not hazard a coming into England, until they had
a full Engagement, from Perſons of greater Intereſt in England then
himſelf; He began to conſider, what Perſons of Honor were in great-
“eſt Eſteem with the Covenanters, and his Thoughts were fixed on
" theſe Lords, yet knowing it impoſſible to gain them to confort with
him, in fo Traiterous a Deſign, he found it neceſſary to act in a way
of Fallhood, rather then loſe the advantage of ſo hopeful a Deſign.
“He further added, That ſince, by the Providence of God, the Suc-
"ceſs of their Enterprize, had been ſo far above their Expectations, thô
few but himſelf, knew of the Deſign at firſt, yet he did believe now,
Providence in-" that the beſt part of England, did hope to fond an happy Opportu-
hopeful Suc-
nity for the Redreſs of the Publick Grievances of both Kingdoms,
ceſs of Rebelli-" by the coming of the Army into England, therefore he deſired them
on, and ſure a " to ſilence all Diſcourſes, tending either to the diſlike or diſcovery of
hopeful Refor-
"the Treachery or Falſrieſs of his Deſign, and that they would Act
vigorouſly and unanimouſly in order to the Advantage of both King-
beginning
of This was owned by the Lord Lowdon and Sir Archibald Johnſton,
to be a juſt and a full clearing of the Honor and Honeſty of thoſe
« Lords, whoſe Names had been ſubſcribed, but it made in them a
deep Impreſſion of that Lords falſeneſs, which ſhewed it ſelf at that
mo, Proditorem « time, by ſome ſharp Reprehenſions; yet in ſuch a conjuncture of
their Affairs and ours, they thought it not prudent to ſhew fo great
"diſſatisfaction,as might give the Lord Saville a total Rejection; there-
fore they concluded their Conference with this Aſſurance, to the Lord
" Mandeville, that they would give a true account of the Carriage of
“this Buſineſs to the Committees of Parliament then reſiding at New-
Caſtle, that ſo thoſe Lords might be righted in their Honors and Faith,
“which had received a blemiſh, by the boldneſs and Treachery of the
of Lord Saville.
“ The Lord Mandeville then made theſe Requeſts unto them. Firſt,
Had the King “ that he might acquaint ſome of the Lords which were equally con-
cerned with himſelf, And that the Declaration and Engagement un-
he ought, in “der their feigned Names might be delivered to them. The firſt was
probability it
might have
granted; the ſecond was promiſed, and after a few Daies they receiv-
"ed the Engagement from New-Cajíle, and did in the Preſence of the
good of the
"Lord Mandeville, cut out all the Names and burnt them, but they
«i would not deliver the Declaration and Ingagement it ſelf
.
And in another Place, ſpeaking of this Affair, he tells us, that the Scots
laboured under ſuch Difficulties and Dangers, by the failing of theſe
Supplies which they: expected from their ſuppoſed Confederates, as
" that they had in their Thoughts to Retreat with their Army near to
“the Borders of their own County, and to caſt themſelves upon his Ma-
..jefties
mation was
like to ſuc-
ceed ſuch a
“ doms.
Proditionem 4
odi.
.IL
OC
ted with it, as
1
conduced
much to the
Nation,
1
1
1
1
.
I 641.
66
1
:
from the Scotch Riebellion to the King's Murthera 429
* jeſties Grace and Favor, by an Humble Petition and Remonſtrance, | Auguſt,
ſetting forth to him and the whole world, the Invitation and Agree-
“ment which was delivered to them from ſome Lords, in the behalf as
“they conceived of themſelves, and others in England, who were cor-
dially Affected to the True reformed Proteſtant Religion, and the
“Publick Rights and Liberties of the Nation.
Thus far he, by which it is evident, that though the Sccts were not
in reality Invited into England, by thoſe Lords, who favoured their
Deſigns, yet being come, they were made Welcome, and the Refor-
mers cloſed in with them, to bring about their intended Work of Re-
formation.
This Day the Lord Capell was with the uſual Solemnity, introducted Saturday,
into the Houſe of Lords, his Writ bearing Date, Auguſt 6. 17. Car. August 7.
Reg.
A Meſſage was brought from the Commons, about disbänding, and introduđéd.
to move His Majeſty for a Proclamation for the more peaceable Effe-
Whereupon the Two Houſes Petitioned his Majeſty concerning its to The Kings An-
which He returned this Anſwer. ' His Majeſty hath ever ſince this Par- ſwer to the
liament , taken the Advice of His Parliament concerning the Army ; Houres, about
therefore he gives his Conſent concerning the Disbanding of the Horſe; and disbanding
that He hath given Order; that His Attorney Mall i ljuę. out ſuch a Prom the Horſe,
clamation as is deſired: And His Majeſty doth recommend to the Parlia-
ment, the Care of the Disbanding the Harſe, that the Soldiers may be re-
paid the Money, which bath been taken from them for their Arms, that ſo
Armed Men may not diſperſe themſelves, to the disturbance of the King-
dom, and that the Arms may be reſtored to the Magazins, for the Defence of
the King and Kingdom.
A Proclamation was accordingly iſſued out as follows.
н
The L. Capel
1
-
::
cting of it.
>
1
:
By the King.
A Proclamation for the Peaceable and Quiet Paſſage
of the Troops of Horſe, to be Disbanded in the North
Parts.
W piecas bis
4
1
1
Hereas His Majeſty by the advice of bis Parliament, ljäth His Majeſtics
given Dider fo2 the peedy Disbanding of the Troops of Proclamation
Holle, that are, 02 lately were part of his Majetties army in the ing the Horſes
Hoztherii Parts of the Kingdom: His Majeſty, in his Princely Aug. 8. 1641
Care, of the Duiet and Safety of Dis Subjeas, doth by this pis
Proclamation, ftrialy Charge and Command, that none of thoſe
Croops, Ol Souldiers, after they are Disbanded, do Travel toges
ther, od gather, Od continue together above ür in a Company, tin-
der the penalty of being proceeded with, as Diffurbers of the Pub.
lick Peace: And dath hereby likewiſe ſtraitly Charge and Command
all Sheriffs, and Juffices of Peace, of the Counties thorow which
they fháil pals, of whither they ſhall come, that they fail not to
take Care, that the General peace and quiet of pis Majeſties Sub.
jeas be not diſturbed by any of the ſaid Troops of Souldiers : And
that none of the ſaid Troops of Souldiers, do ſtay od avide above
E
.
1
olie
WE
:
1
!
430 An Impartial Collection of all the memorable Events
Auguſt,
one Night in a place ( unleſs it be in caſe of Sickneſs, or other
1641. great peceſſity ) during the Time of their Travel.
Given at the Court at White-Hall the Eighth Day of Auguſt, in the
ſeventeenth Year of the Reign of Our Soveraign Lord CHARLES,
by the Grace of God King of England, Scotland, France and Ire-
land, Defender of the Faith, c.
God ſave the KING.
The AX of Pa.
ſed the Lords
Houſe,
The Judges
The Lord Privy Seal Reported the Opinion of the Judges concern-
a Cuftos Regnt. ing the Cuſtos Regni, and the Commiſſion to paſs Bills in the King's ab-
ſence.
(1.) Concerning the Cuſtos Regni, they know not how to deliver any
Opinion, it being of so high a Conſequence.
(2.) Concerning the Commiſſion, they hold it good, if it be fortified
and backed with an Act of Parliament. Whereupon it was ordered to
be communicated to the Houſe of. Commons at a Conference.
The ACT for the Confirmation of the Treaty of Pacification be-
cification pal-
tween the Two Kingdoms of England and Scotland, was read a third
time, and being put to the Queſtion, it was Reſolved to paſs as a Law;
And ſent down to the Commons by Juſtice Forſter and Juſtice Heath.
Thanks given
Emorandum, This Houſe this day gave Thanks to the Lords Com-
miſſioners for their great Pains and Care bestowed in the Treaty
between Us and the Scots, and particular Thanks was given to the Earl
of Bristol for" of Briſtol for his Service done to this Kingdom therein.
the Treaty
Bill for taking
The Bill for taking away of all manner of Purveyance, was read the
firſt time.
The Commons then ſent to deſire a preſentConference with the Lords,
about the King's putting off his intended Journey into Scotland. for 14
dayes longer. At which Mr. Hollis delivered the Reaſons of the Com-
mons Deſire in that particular in this manner :
to the Lord
Commiſſio-
ners and par-
ticularly the
M
away purvey-
ance read the
firſt Time.
I
ara Confe-
My Lords,
Re:ſons for the
Ain Commanded to put you in mind what hath paſſed upon this
Kings defer-
ring his Jour occaſion before, concerning the Kings Journey to Scotland, That
ney for 14 days " both Houſes did Petition his Majeſty not to begin his Journey till the
rcoce, August “Tenth of August, and to acquaint the Scots Commiſſioners therewith,
7. 1641. " who afterwards deſired this Houſe to expreſs their Reſolutions in the
ic affirmative; upon which the Houſe of Commons paſſed a Reſolution,
“ That then if his Majeſty pleaſed to go, they would ſubmit unto it.
I am Commanded to declare unto your Lordſhips, That the Houſe
of Commons is deſirous to ſubmit unto his Majeſties good Pleaſure in
all things : but ſuch is the preſent condition of this buſineſs, as it now
ſtandeth, that they are enforced to preſent ſome further Conſidera-
tions to your Lordſhips.
Firſt, That when they gave this Aſent, they were in hope both Armies
would have been Disbarded by that time, but though there hath been all
poſible
1.
I 641.
}
F
CC
(
from tbe. Scotch Rebellion to the King's Murther. 434
poſſible means uſed to that end, yet it could not be effected : ſo the fame Auguſt,
Inconvenience doth ſtill continue:
Secondly
, The Treaty cannot in ſo Jhort a time be finiſhed, being returned
from Scotland but three dayes fince : but ſince it is ready to be finiſhed, and
Moneys are provided, the Armies will be Disbanded, by that time we de-
fire his Majesty to take his fourney.
Thirdly, The Distempers and Foalouſies of the Kingdome are ſuch, that
they cannot be compoſed by paſſing ſome Acts, unleß his Majesty ſtay the
defired time.
Fourthly, No courſe is yet taken for the Government of the Kingdom in
his Majesties abſence, there being ſo many Weighty Things to be taken in
to conſideration.
Upon theſe Reaſons, the Houſe of Commons have thought fit to
move your Lordſhips to joyn with Us in a Petition to liis Majeſty, to
ſtay his Journey for 14 dayes longer; and we make no doubt but our
“ Brethren in Scotland will conſider the Streight we are in, and for our
Safety condeſcend to our Deſires. And if his Majeſty yield thereunto;
then we ſhall deſire your Lordſhips to juyn with us by ſome expreſs
Meſſenger to the Parliament in Scotland for the King's ſtay for that
time, which we hope will give them Satisfaction.
After which Mr. Hollis reported the Conference from the Lords,
That the Lord Say told them, They had taken into conſideration the De-
fires of this Houſe, and that the Lords would joyn with this Houſe to pe:
tition his Majeſty to be pleaſed to ſtay yet 14 days, if it may ſtand with
the Ingagement he has made to that Kingdom ; however, that he may ſtay
till Tueſday Night 6. of the Clock, which they are ſure will ſtand with
his Ingagement, but they conclude nothing in this matter till they had
firſt heard from this Houſe.
This was not at all Satisfactory to the Coinmons, who thereupon put
it to the Vote, it was
Reſolved,&c. That this Houſe Jhall inſist upon the former Deſire for his
Majesties ſtay for 14 dayes.
But while they were in this Debate, and Meſſages went to and fro be-
tween the Two Houſes, the King came to the Houſe of Lords, and the
Gentleman Uther of the Black Rod was ſent to give the Commons
notice of the King's being there in order to the paſſing ſeveral Bills.
The Publique Bills were,
(1.) An Act against divers Incroachments and Oppreſſions in the Stan-, the King.
"
(C
1
Bills pafted by
+
nery Court.
(2.) An. Att for ſecuring Money to the Northern Counties,&c.
(3.). An Act declaring Unlawful and Void the late Proceedings touching
Ship-Money,and for Vacating of all Records and Proceſs concerning
the ſame.
(4.) An A&t for the Certainty of Forrests and of the Meers, Meets,
Limits and Bounds of the Forrests.
Tho
1
T
1
.
432 An Impartial Collection of all the memorable Events
1
Auguft,
I 641.
Private Bills
paſſed.
1
. The Private Acts were theſe;
(1.) An Act for the Settling of Certain Mannors, Lands,Tenements,&c.
on Katharine Counteſs Dowager of Bedford, William now Earl of
Bedford, John Ruſſell avd Edward Ruſſell Eſquires, Sons of
Francis Earl of Bedford deceaſed.
(2.) An Act to Enable Sir Alexander Denton to ſell Lands to pay
Debts, and provide for his Tounger Children.
(3.) An Act 10 Settle the Mannor of Belgrave,&c. upon William Byar-
ley Eſquire,&c. to pay the Debts of William Davenport, Eſquire,
deceaſed.
(4.) An Act for John Eggar's Free School in Alton in Com. Southamp-
ton.
1
2
1
(5.) An A&t for the Alteration of the Tenure of certain Lands in Ful-
· ham, Middleſex, held of the Lord Biſhop of London, as of the
Mannor of Fulham.
(6.) An A&t for making the Chappel of Hool in Com. Lancaſter a
Pariſh Church.
(7.) An Act for Confirmation of his Majesties Letters Patents to the
Town of Plymouth, and for dividing the Pariſh, and Building of
a New Church.
To which the Clerk of the Parliament pronounced the Royal Aſſent
in theſe words,
Soit fait comme il eſt deſire.
After which his Majeſty made a ſhort Speech touching the Neceſſity
of his going to Scotland, adding, That he had given Order to the Lord
Keeper for the further declaring of his Mind therein ; Upon which the
Lord Keeper ſpake, Expreſſing his Majesties great forwardneſs hitherto
in fo readily and graciouſly complying with his Parliament in gratifying
them in all their Requeſts, more than any of the Kings his Royal Predeceſ-
fors had ever done before him; inſtancing in the ſeveral Bills for taking
away the Star-Chamber, Regulating the Council Board, taking away
the High Commiſſion Court, Ship-Money, and the paſſing the Bill for
the Judges to continue quam diu ſe bene geßerint, and ſeveral other
things. After which his Majeſty ſpoke ſome few words, acquainting
them, That he had received an Account by a Nobleman lately come from
Scotland, of the abſolute Neceſſity of his Fourney, and that it was imposſlible
for him, without great Inconvenience to his Affairs in that Kingdom, to de-
fer his Journey; and ſo he took his Leave of their Lordſhips, and bade
the Parliament Farewell
, and ſo departed.
But the Houſe of Commons returning to their Houſe, fell immediately
upon the Debate of it, and ſent a Meſſage by Mr. Hollis to the Lords,
Earneſtly deſiring the Lords to joyn with them to Petition bis Majeſty
either to Subſtitute a Locum Tenens, during his Abſence, or to ſtay 14
dayės Longer, in regard it ſo nearly concerned
the Quiet and Peace of the
Kingdom.
The Lords ſent them in Anſwer, That they would move his Majeſty to
defer his Fourney for two dayes.longer ; but this gave the Commons little
Satisfaction.
1
In
from the Scotch Rebellion to the King's Murther.
433
I 64 1.
Ву
The Report
1
In this Debate both Houſes fate till Ten of the Clock at Night, but Auguſt,
could not come to any Reſolution ; but in the Commons Houte it was
moved, That in reſpect the Neceſſity was so great, and his Majeſty So firm
in his Reſolution to ſet forwards on Monday, that both Houſes might meet
and Sit upon Sunday; and a Meſſage being ſent up to the Lords to de
ſire their Concurrence, it was accordingly agreed.
There being many of the Members of the Commons Houſe abſent, It Order for the
was this day allo Ordered by the Commons, That all the Members of the bers to repair
Houſe, in regard of the Great and Weighty Affairs that import the Safety to the Houſe.
of the Kingdom, do repair hither to attend the Service of the Commons
wealth with all poſſible ſpeed, upon pain of incurring the Diſpleaſure of this
Houſe for their neglect.
And it is further Ordered, That the Knights of the ſeveral Counties,
and the Burgeßes and Barons of the ſeveral Burroughs and Cinque-Ports
that are now in Town, ſhall ſend Copies of this Order to the Sheriffs of the
Several Counties, to the End it may be publiſhed with all Care and Speed.
Six of the Clock in the Morning there was a Sermon at St. Mar- Sunday,
garets Weſtminſter before the Commons, after which both the Houſes Auguſt 8.
Sate, and the time was wholly ſpent in the morning in Debates, Meſſa-
ges and Conferences between the Two Houſes, about Petitioning the
King to ſtay yet 14 dayes longer, the Lords inclining not to preſs hiş
Majeſty further in it, and theComnions inſiſting upon their former Votes
to that purpoſe.
The Earl of Bath reported the Conference with the Houſe of Com Aug. 8. 1641.
mons as follows.
of the Confe-
Hat the Houſe of Commons gave their Lordſhips thanks for join- I ftaying the
Kings Journcy
ing with them, humbly to Petition His Majeſty for deferring his
14 dayes.
Journey into Scoiland for 14 days.
“ And to the end that it may be no prejudice to the Parliament of
“Scotland, the Houſe of Cominons deſires that ſome of the Lords Com-
« miſſioners may acquaint the Scots Commiſſioners with theſe particu-
“ lars following, and deſire their Anſwers.
(1.) “ That the Houſes of Parliament have commanded them to ex-
Propoſitions
preſs to the Scots Commiſſioners the great care that they have to keep
Commiſſion
a good Correſpondency betwixt the Two Nations of England and Scot-
land, and to take away the Objections which may be made in re- Kings ſtay 14
ſpect of the Publick engagements to ſubmit to His Majeſties pleaſure dayes.
in his preſent intended Journey.
(2.) “ That they take notice of the often Meetings and Adjourn-
ments of the Parliament of Scotland, and left it might be a great in-
convenience, the States being now met there, if they ſhould ſtay
long there together without doing any thing, both the Houſes of Par-
liament have Reſolved, that, for the better ſatisfaction of the Parlia-
ment of Scotland, they will humbly Petition His Majeſty to ſend a
Commiſſioner to Edinburgh, that if there be preſſing Occaſions to
" diſpatch any of their Publick Affairs, there may be Authority for the
ſame, and if they think good to ſtay His Majeſty's coming to them
“ in Perſon, the Houſes of Parliament do hope that it will be within 14
“ days of that time wherein His Majeſty was expected there, and they
Vol. II.
Kkk
rence about
(C
T
(G
to the Scots
ers about the
CC
(C
(C
CC
CC
« ſhall
1
1
(C
CC
CC
1
434 An Impartial Collection of all the memorable Events
Auguſt, “ ſhall take their conſent thereunto, as a great Argument of their Affe-
1 641.
ction to this Kingdom.
(
3.).“ That the Houſes likewiſe do intend to ſend Commiſſioners
“ from hence to the Scottiſh Parliament, to declare to them the
great
“ Reaſons which moves them to Petition His Majeſty's ſtay for 14 days,
which are ſuch as do very much import the Peace and Safety of both
Kingdoms ; as alſo their care to move His moſt Excellent Majeſty to
“ fend His Commiſſioner, that the Parliament of Scotland may not be
diſappointed in reſpect of the diſpatch of their own great Affairs in
that Kingdom in the mean time.
( 4.) And laſtly, " That the Houſes' do deſire the Scottiſh Commif-
“ lioners in a free and friendly manner to declare to them, whether they
“have lately received any Inſtructions from the Parliament of Scotland,
to preſs His Majeſty's preſent Repair thither in Perſon at the Parlia-
ment, the 17th day of this preſent Auguft.
Hereupon the Earl of Warwick, Viſcount Say and Seal, Lord Wharton,
Lord Kimbolton, and Lord Savile weré appointed preſently to go to the
Scots Commiſſioners, and deſire from both Houſes their Anſwer here-
unto in writing.
The Lord Keeper reported, That he had delivered the Reaſons to the
King in the name of both Houſes, concerning the ſtaying of His Maje-
ſties Journey into Scotland for 14 days, and his Majeſty returns this
Anſwer.
The Kings,An-
That the importance of your deſires would require ſome time of delibe-
ſwer to the 4 ration, if the urgent Neceſſity of the buſineſs did not preſ the contrary,
and His Majeſty ſaid the same Neceſity teacheth him to Anſwer, the Ne-
ſtaying his
Journcy. cellity is two fold,
(1.) The firſt and chiefeſt, his Publick Faith given to his Kingdom to
be preſent at the Parliament ; and His Majeſty ſaid, That never any
Prince was more ſtrictly bound in Honour to perform any thing then he was
to do this.
(2.) The Urgency of His Majeſties Affairs there, which indeed be ſaid
were very great. To comply with both which he can ſtay no longer then
Tueſday, and ſo long he thought fit to Stay, that the Gentlemen of the
Houſe of Commons may ſo haften the Scottiſh Treaty, that he may give his
Royal Aſent thereunto ſome time to morrow, for otherwiſe His Majeſty
ſhall be forced to paß it by that Commiſſion which he leaves behind him
but the earnest defire his Majeſty hath of paling this Important Bill pera
Jonally makes him ſtay thus long, which he knows will be inconvenient unto
him.
To conclude, His Majeſty deſires your Lordſhips to remember, That
upon yo r defires he hath already ſtayed one Month, and that you by Pub-
lick Promiſes are engaged not to urge his ſtay longer then to morrow, there-
|fore remembring all engagements, His Majeſty expects that you preſs him
no more in this, for His Majeſty ſaid, indeed he'muſt go, and for the Go-
vernment of the Kingdom, he hopes he ſhall leave behind him ſuch com-
miſions as will ſerve, eſpecially ſince the Parliament is Sitting.
1
Reaſons for
;
The
I
H
Auguft,
CC
CC
(C
CC
(C
from the Scotch Rebellion to ihe King's Murther. 435
The Lord Brook was ſent to find out the Scottiſh Commiſſioners, and
to deſire them to expedite their Anfver, who preſently returning! 1 6 41.
brought it in writing, which was read in theſe words.
AS
S we are very ſenſible of the great Care the Houſes of Parlia- 'Scottiſh Com-
ment have to keep a good Correſpondency betwixt the two ſwer to the a
Nations, and the Senſe they have of the manifold Inconveniences Resſons for
which Scotland doth ſuſtain by their frequent Meering and Adjourn-, the Kings ftay.
ing of the Parliament, ſo we know nothing can more conduce for
conſerving that correſpondency, and for removing theſe manifold pre-
judices we ſuſtain through the frequent Prorogation of our Parliament,
then that the Treaty of Peace, which by the bleſſing of God, and His
Majeſties and the Parliaments Wiſdom is now brought to a cloſe,
may, as a Sovereign Remedy of the great Evils which troubles both
Kingdoms, without further delay be Enacted here for the Peace and
ſafety of both Kingdoms, that the ſame may with all ſpeed be Ra-
“ tified in the Parliament of Scotland.
“His Majeſty hath by ſeveral Letters promiſed to hold the Parliament
of Scotland in his own Royal Perſon, and hath intimated the ſame by
“ Publick Proclamation to all his Subjects there; and although His
Majeſty by his Royal Letter of the 18th of May was obliged to have
holden the Parliament of Scotland upon the 15th of July laſt in his
own Royal Perſon; or if any unexpected Occaſion ſhould happen to
"detain him, that he would appoint a Commiſſioner for holding there-
of at the day aforeſaid, to do every thing which might conduce to the
Eſtabliſhing of the True Religion, Laws and Liberties of their King-
“ domn: Yet ſuch is the Affection and Reſpect of the Parliament of Scota
land, to the Parliament of England, as notwithſtanding their many
preſſing Difficulties, they have condeſcended, that his Majeſty ſtay
his Journey into Scotland until the roth of August, in reſpect that the
" Parliament of England did Aſſent to His Majeſties going at that
“ time, which the Parliament of Scotland doth expect without any fur-
“What may be the Condition or Importment of Affairs here, or what
Reaſon the Parliament hath which moveth them to Petition His Ma-
jeſties ſtay, is not proper for us, we will therefore forbear to ſlew our
ſelves beyond our Line, but do remit the Conſideration of this to
the King and the Parliaments Wiſdom.
And finally, where it is deſired by the Houſes, that we would in a
friendly and free manner declare unto them, whether we have lately
“ received any Inſtructions from the Parliament of Scotland to preſs His
Majeſties repair thither in Perſon, we do conceive that His Majeſties
former Promiſes of going thither in his own Perſon upon the roth of
Auguſt, and the Aflent of both Houſes to his Journey, and the Reſo-
lution of the Parliament of Scotland to prepare their buſineſs till the
17th of Auguſt
, and after that time, that they will conclude and paſs
fúch Acts as they conceive neceſſary for the good of the Kingdom, a
ſufficient Inſtruction for us both to preſs and expect His Majeſties go-
ing againſt that time; and the preſſing neceſſity of the Affairs of that
Kingdom as
as ſuch, cannot without danger of irreparable loſs ſuffer
longer delay.
This being read, it was Cominunicated at a Conference to the Houſe
of Commons.
Vol. II.
Kk k z
After
“ ther delay.
(G
CC
60
C.
C
CC
ic
7
/
436 An Impartial Collection of all the memorable Events
Auguſt,
After a long Tugg, the Commons finding the King reſolute to purſue
1641.
his Journey, and the Lords unwilling to preſs His Majeſty any further in
the Matter, they reſolved to expedite matters ſo as, if poſſible, to ſettle
them before His Majeſty goes.
But leſt this Sitting upon the Lords Day, which the Presbyterians
idolized even to down-right Judaiſm, many of them thinking it unlaw-
ful even to dreſs Proviſion for their Families on that day, ſhould ſcanda-
lize them, the Commons were reſolved to do ſomething in Vindication
of this ſo unuſual a Sitting, and to give the Nation the Reaſons for it,
which Mr. Pym did in hæc verba.
The Reaſon's
of the Sitting
of the Parlia-
ment on the
Lords Day.
(0
CC
Hereas both Houſes of Parliament found it fit to Sit in Parlia-
ment upon the 8th of Auguſt being the Lords Day, for many
urgent and unexpected Occaſions concerning the Safety of the King-
dom, and being ſo ſtraitned in time by reaſon of his Majeſties Relo-
lution to begin his Journey towards Scotland on Monday, following
“ early in the morning, it was not poſſible fo to ſettle and order the Af
fairs of the Kingdom either for the Government thereof in the King's
Abſence, or for the preſent Safety, as was requiſite upon theſe preſſing
Neceſſities; though the Houſes thought it neceſſary to Sit, yet the
“Lords and Commons Aſſembled in Parliament think it meet to de-
cláre, That they would not have done this, but upon inevitable Ne-
ceſſity, the Peace and Safety of both the Church and State being ſo
“deeply concerned, which they do however declare, to the End that
“ neither any other Inferior Court or Councel or any other Perſons
may draw this into Example, or make uſe of it for their Encourage-
ment in neglecting the due obſervance of the Lords Day. Which be-
ing read, was aſſented to Nullo Contradicente.
Sir 7o. Culpe-
per Ordered to
Ordered, That Sir John Culpeper carry up this Order to the Lords,and
to acquaint their Lordſhips' how it past Nullo contradicente,
that if
for their Con- it pais ſo in their Houſe, to deſire it may be ſo entred, that it may appear
to Poſterity with what Unanimous Conſent both Houſes of Parliament are
Solicitous for the due Obſervation of the Lords Day; and likewiſe to deſire
of their Lordſhips, That it may be printed as the Declaration of both Hou-
jes. To which the Lords alſo aſſented Nullo contradicente. Which be-
ing done, it was ordered to be entred in the Journals, and printed for
A Propoſition Satisfaction to Pofterity.
This day the Earl of Warwick reported that the French Ambaſſadour
was with him, and deſired his Lordſhip, That he would acquaint this
Houſe, That he deſired leave for the Raiſing and Tranſporting of a Regi-
ment of Engliſh Souldiers for the Service of the French King, and in par-
ticular the Earl of Carnarvan's Troop of Horſe, and he ſaid if occaſion re-
quires hereafter to imploy them in the Service of the Palatinate, the French
King would add Ten Thouſand Foot to them in that deſign. Hereupon the
Houſe thought fit that the French Amballadour fèt.down his Propoſition in
Writing, and then preſent it to this Houſe.
This Day the Lord Fames Duke.of Rịchmond was with the Uſual So-
lemnity Introducted, his Writ bearing Date 8th. Aug. 1641..
Monday,
August 9.
Ordered, That the Gracious Anſwer from his Majeſty be entered in the
Journal of the Houſe.
carry up this
to the Lord's
currence.
}
r
from the
French Am.
baſlador,
t
Duke of Lenok
made Duke of
Richmond, and
Introducted
A
i
His
1
-
| 641.
1
his Ma-
.
the Commons
to haveE.Penia
.
from the Scotch Rebelliozto thë Kings. Märther. 437
His Majeſty. ſent this following Meſſage to the Houſe, That his Ma- | Auguſt,
jeſty forgot to tell the Houſes yeſterday one Thing; That his Buſineſſes are
ſo well prepared in Scotland, that he shalt māko no long fay there, and in-
tends to be back before. Michaelmas, and it may' be by the midſt of Septem- A Mellige
ber.
jeſtys
Corcerning the Army, which he is forry is not already disbanded, but up-
on the Word of a Prince he will do his teft, and hopes not without good ef-
'fects for the ſpeedy Disbanding thereof.
That beſides the Bill for the Scots Treaty, another: Bill will come down
from the Lords for ſecuring the Government in his Majeſties abſence. And
his Majeſties Command at this time is to ſignify his deſire to the Houſe,
that they paſs both theſe Bills ſome time this Day, that fo his Majeſty may give
his Aſſent unto them. His Majeſty defires the ſpeedy palling of this last
Bill, conceiving that the palling thereof; may allijt his Majeſty in the deſired
disbanding of the Armies. And that when his Majeſty upon Saturday,
bid the Lord's ſeverally Farewel, his Intent then was, to both Hcuſes, wbich
if they did not ſo underſtand it, his Majeſty now commarded to ſignifie it as
bis Intention therein,
A Meſſage was brought from the Houſe of Commöns by Mr. Hollis Meſſage from
to let their Lordihips know, That they underſtand that the Lord Steward
is to go beyond the Seas with the Queen, and ſo isto reſign his Staff. The broke, made L.
Houſe of Commons deſires their Lordſhips to joyn with them, to move his reward and
Majeſty that he may reſign bis Staff to the Earl of. Pembroke, who is a ve- Treaſurer.
ry fit Perſon for that place.
And further he was commanded by the Houſe of Commons to fig-
nifie, That they have taken into Confideratioï the ſetling of the King's Re-
venue, and becauſe it will be requiſite to have a. Lord Treaſurer, that is a
Perſon of Honor and Abilities, they have řötéd Nemine contradicente the
Earl of Salisbury to be a very fit Perſon for that Place, therefore the
Houſe of Common's deſires that their Lordſhips pould joyn with them, to re-
commend him to his Majeſty for that place.;
The Bill for the Commiſſion from his Majeſty ta give the RoyalAſſent
to certain Bills, &c. was paſſed the Lords, and carried down to the
Commons.
A Meſſage was brought from the Houſe of Commons by Sir Arthur Bill for pub-
Haſlerig, who delivered from the Houſe of Commons thé Bill of Pub- lick Faith for
lick Faith, for ſecuring by publick Faith the Remainder of the friendly Brotherly Aca
Alliſtance and Relief promiſed to our Brethrer of Scotland, which was the Lords.
read immediately, three times ſucceſſịvely, and being put to the Que-
ſtion, and it was Conſented to paſs as a Law, Nemine contradicente.
The Bill for Regulating and better Ordering the Clerks of the Mar- Tueſday,
ket
, being read a third time, paſſed the Lords Houſe
Auguſt lo.
A Conference having been deſired by the Commons, concerning the Markets Bill
Bill to ſtrengthen the Kings Commiſſion for paſſing Acts in his Abſence, paſſed the
it was thus reported by the Lord Keeper:.
That the Houſe of Commons had returned the commiſſion, and the A&t to bout the Com-
enable the Commißion, with.Some Amendments, and deſired that ſome Ad. million to pass
ditious
, might be made both to the Commiſſion and to the Att
, for the Com- KingsAbſence
.
mons.conceive that they are both too Particular, and not General erough,
be very prejudicial
. Por,
( 1.) They find no Preſident that a Parliament was ever Sitting, without
a General Power
..0131 JL
(2) It!
!
Clerk of the
Lords Houſe.
Conference a
1
which may
may be
4
Lords Houſe
for Pacifica
tion, C.
438 An Impartial Collection of all the memorable Events
Auguſt, ) It might be a dangerous Preſident,to accept of a Limited Commiſ-
1 6-4 1. lion by ax Axt of Parliament.
(3) There may happen Emergent Occaſions for the Safety of the King-
dom which cannot be foreſeen, therefore’tis dangerous to accept of ſuch a
Limited Commiſſion by an Act of Parliament.
TheKing par
His Majeſty being come to the Houſe, and the Commons with their
fes Bills in the Speaker, being come up according to the uſual manner, theſe following
Bills were paſled.
1) An Ait for the Confirmation of the Treaty of Pacification between
the Two Kingdoms of England and Scotland.
(2) An Act for ſecuring by Publick Faith the Remainder of the
Friendly Aſistance, and Relief promiſed to our Brethren of 'Scot-
land.
(3) An Act for the free bringing in of Gun-Powder, and Sal-Petre from
Forreign Parts, and for the free making of Gun-Powder in this Realm.
Memorandum, His Majeſty ſaid, he hoped that the Parliament
would conſider of a Bill, for making of good Gun-Powder, and for preferoj-
ing the Sal-Petre Works for the Defence of this Kingdom; and if they
did not, He profeſſeth Himſelf to be clear of the Inconveniences which elſe
will follow.
(4) dn Akt for prevention of vexations Proceedings, touching the Or-
der
of Knighthood.
(5) Ån A&t for the better Ordering and Regulating of the Office of the
Clerk of the Market allowed and confirmed by this Statute, and for the Re-
formation of falſe Weights and Meaſures.
The Private Bill was,
An A&t for the aſuring a Meſuage called Dureſme Houſe, aliàs Durham
Houſe, and certain Stables part of the Poleſions of the Biſhop of Dureſme,
ſituate in the Pariſh of St. Martins in the Fields, in the County of Mid-
dleſex, unto the Right Honorable Philip Earl of Pembroke and Montgo-
mery, and his Heirs, and of a yearly Rent of 200l. per Annum, to the
Said Biſhop of Dureſme and bis Succeſors in lieu thereof.
Then his Majeſty took his leave of the Parliament, telling them, He
hoped to give good Expedition in disbanding both Ármies, and that he
would make what haſté he could, if poſible, to return before Michael-
Declared and Voted by this Houſe Nemine contradicente, That the
certain and un doubted Right of this Houſe, to chuſe their Speaker, and that
of their Spca- the Speaker is not to depart when this Houſe fits, without the leave
this Houſe, and that this Order be added to the standing Orders of this
Houſe.
Propoſitions of
The Lords Commiſſioners reported, That the Scottiſh Commiſſioners
Commiſſioners deſire them to repreſent to the King's Majeſty and the Parliament, That in
abour Difficul reſpect of the great Rain which bath fallen in the Norih, whereby the Can-
Army, march- non cannot be carried througb Kynfidmire, nor can the Scottiſh Army croſs
ing away Aug. the River Tweed, bis Majesty may be graciou;ly pleaſed with conſent of
10. 1641.
the Parliament, to permit the Scottiſh Army to March through Berwick,
Since there is no other Pallage.
But for all they were our dear Brethren of Scotland, neither the
Lords nor Commons were without Jealouſy of them, as appears by.
theſe following Particulars.
Tbe
+
mas.
Declaration of
the Lords a-
boutthechoice
ker.
the Scottiſh
!
PT
1
1
I 641.
$
Conference a-
bout the Scot-
1
2
I.
*
a
from the Scotch Rebellion to the King's Murther. 439
The Houſe of Lords taking this deſire into Conſideration, did appoint the Auguſt,
Lords Commiſſioners to speak with the Scots-Commiſſioners, and propoſe un-
to them the making of a Paſſage for their Army over the Tweed with a
Bridge, which the Lord General ſhall have Order to make.
The Old Proverb is, Make a Retreating Enemy a Bridge of Gold ; they
had made the Scots a Bridge of Silver, which Coſt England above a
Million of Money, and now they were very willing to ſee them
gone; To which purpoſe at a Conference this Day the Commons ac-
quainted the Lords.
That whereas formerly it was intimated at a Conference, That the Scot- Report of the
tiſh Commiſſioners declared that their Army would draw themſelves into a
Camp, and begin to March away out of this Kingdom within 48 Hours, af- tiſh Army.
ter they had received the Monies of Arrears at New-Caſtle, and the
80000 1. in part of the Brotherly Ajistance, and had Security for the Pay-
ment of the reſt ; the Houſe of Commons having now paid them all their
Arrears at New-Caſtle
, and 80000 l. in London, and have performed all
that was agreed to be performed by them, they deſire that the Lords Com-
miſioners, may move the Scots Commiſſioners in the Name of both Houſes
of Parliament, 'hat their Army may march away according to their Pro-
mile. And furi her that the Houſe of Commons deſires this Houſe would
joyn with them, to write Letters to the Lord General of the Kings Army,
to disband the Horſe and Foot preſently, that ſo Peace may be ſetled, and
all Jealouſies removed.
Whereupon it was Ordered by the Lords, that this Houſe will joyni Order of the
with the Commons, in the Deſires of this whole Conference.
It was alſo this day Ordered, That the two Acts of Parliament, the one completing the
for the Brotherly Aſiſtance, the other for the Confirmation of the Tucaty, fication and
between the Two Kingdoms ſhall be tranſmitted into the Chancery, ly Brotherly
Writs of Certiorari directed to the Clerk of the Parliament, and ſhall be Affiſtance.
Exemplified by the Clerks of the Petty Bagg in a Secretary Hand, and
this to be the Warrant in that behalf
The Houſe after their return from the Lords Houſe, fell into De Commiſſioners
bate about ſending ſome Commiſſioners from either Houſe into Scot- to be ſent into
land; and accordingly it was Reſolved, &c. That ſome Commiſioners
ſhall be ſent into Scotland, for theſe Purpoſes authorized by both Flouſes,
to ſee and take Care, that the Aits that concern this Kingdom, be perfe-
Eted in the Parliament of Scotland ; and from time to time to give bis Ma-
jeſty a true underſtanding of the Proceedings of the Parliament here, the
Lords to be moved to joyn in Petition, to move the King for it.
The Bill for Tonnage and Poundage paſſed, and Mr. Solicitor was
with it to the Lords to deſire, That this Bill may paſs by Special
Commiſion, and that it may be ſo contrived, that the Bill may paſs before
the King is gone out of the Kingdom.
And it was immediately read three times ſucceſſively in the Lords
Houſe, and paſſed as a Law, Nemine contradicente,
This Day the King ſer forward in the Afternoon upon his Journey The King fets
to Scotland, accompanied with the Prince Ele&tor, the Duke of Lenox, forward his
Now created Duke of Richmond, and the Marquiſs Hamilton.
Journey to
A Letter was this day read in the Houſe of Commons, to be ſent to
Wedneſday,
the Earf of Holland, to give Order for the ſpeedy disbanding of the reſt Augut ii.
of the Army both Horſe and Foot.
Meſſage to the
A Meſſage was ſent to the Lords to deſire, That the Biſhops may be Lords about
fired, peached.
Lords for Ex-
Scotland.
fent up
Scotland.
that were im
>
i
+
.
..
+
3
440 An Impartial Collection of all the memorable Events
Auguft, fired, the Houſe of Commons being ready to make good their Accuſation ;
I 6.4I.
and Sir Arthur Haſlerig to go up with this Melage, and to deſire a Con-
ference about it.
Mr. Glyn reports the Conference with the Lords about the Biſhops,
The LordsAn. That the Lord Privy Seal told them, That fome Daies fince, they had re-
Impeachment ceived an Impeachment againſt the Biſhops, delivered at the Bar by Word
of the Biſhops. of Mouth, accuſing them of many great Crimes and Misdemeanors, and
that this Houſe did deſire that the Biſhops may be put to a preſent An-
(wer, at the time when the Impeachment was delivered.
They were Matters of great conſequence, and coming from the Houſe of
Commons they were very curious not to proceed but in a Parliamentary Way,
upon good confideration, whereas the Charges were in general only.
He ſaid further, There were tivo Ways of proceeding there, by tranſmiſ-
fion from this Houſe, or by a Charge by Word of Mouth, in this latter the
Courſe is to appoint ſome of the Kings Council to draw up particular Char-
ges out of the General ; that they would proceed no wayes, till they had firſt
acquainted this Houſe therewith. And they further deſired this Houſe
to confider, whether this Houſe would ſtand to the charge they have already
tranſmitted.
The Earl of Briſtol Reports certain Propoſitions or Memorials which
from the Scot were delivered to the Lords Commiſſioners from the Commiſſioners of
tiſh Commit
Scotland, as are fit to be perfected upon the Treaty ; as alſo the Lords
Commiſſioners Anſwers to them.
1
Memorials
fioners, and
Anſwers to
them.
I.
.
Prop. 1.
THe Exemplification of the Treaty,and of the Act for Securing the Remainder
of the Brotherly Aſſiſtance, to be writ in Secretary.
To this it was Anſwered, That it is already Ordered, as is deſired.
Anſwer.
-
Prop. 2.
II.
That a Commiſſion may be granted from the Parliament for Examination of
Witneſlės in the Proceſs of Incendiaries conform to the Paper given to the Earl
of Briſtol.
The Second is referred to the Lord Mandevil's Care.
Anſwer.
Prop. 3.
III.
A Licence to the Army to March through Berwick, becauſe the Waters are
out, that they cannot march over the River of Tweed, and ſo cannot appoint a
certain day for the paſſing over.
Anſwer.
This is to be propounded to the Houſes of Parliament.
Prop. 4.
I V.
To get an Order for delivery of 42000 l. part of the 80000 l. and that the
remainder of the 80000 l. detained for payment of what is due to the Northern
Counties, may be ſecured by Order of the Parliament, ſo as it may Releaſe the
Scots at the Counties hands, if ſo much ſhall be found juſtly owing unto them
by thoſe who are entruſted on both ſides with the Accounts ; and if there be
not found ſo much juſtly owing to the Counties, that the overplus be paid to
the Scots, and that they may have Acquittances from the Counties.
This is or ſhall be preſently performed by the Earl of Warwick.
V. That
yiy
Anſwer.
1
1
from the Scotch Rebellion to the King's Mürther. 441
Prop. s.
1
:1
Auguſt,
V.
I 641.
That the time for the removing the Scottiſh Army, is to begin after the Re-
ceipt of the Arrears and Payment of the 80000 l. in manner aforeſaid, and that
it is conceived the fame will be paid unto them before the is day of
Auguſt, and that they have s. dayes thereafter to draw the Army together in
one Body at a Rendevouz, and making themſelves ready with all their Neceſla-
ries to march, and there is thereafter five dayes allowed them to march to Scot-
land, which will be the 26th of Auguſt Inſtant, during which ſpace the Main-
tenance of the Army of 850 l. per diem for Relief of the Northern Counties, is
to be allowed and paid before the Army March.
The dayes in particular are to be ſet down by the Parliament.
Anſwer.
VI.
To condeſcend that the Commiſſion for Conſervation of the Peace, and the
Commiſſion for the Treaty concerning Trade and Intercourſe betwixt the Prop. 6..
Two Kingdoms do go on, all the remanent Articles to be referred to that
Treaty.
Order ſhall be given accordingly, and that the Lord Mandeville will take care.
Anſwer..
VII.
To think upon the Warrant and manner of recalling the Declarations and
· Prop. 7.
Proclamations made againſt His Majeſties Subjects of Scotland, and the manner
and time of the publick Thanksgiving for the happy Peace and Union of the
Kingdoms.
It ſheall be moved to the Parliament that Order may be taken accordingly, but the
Anſwer.
Scots to be over the Tweed firſt.
VIII.
That Order be given to the Northern Counties for carrying their Artillery,
Ammunition and Baggage to the River of Tweed.
Prop. 8.
Anſwer.
It may be recommended to the Gentlemen of thoſe Counties to Write their Letters
for the performance of what is deſireda
After which the Houſe of Lords agreed to all theſe Propoſitions and
Anſwers.
Then a Letter from the Speaker of the Houſe of Lords to the Lord
General was read as follows.
14
The Letter
from the Lords
to the Lord
May it pleaſe your Excellency.
Y
Our Excellency hathilately received Order from the Houſe of Lords Affem-
bled in Parliament for the ſpeedy Disbanding of the Horſe of His Ma-
jeſties Army, which they hope is in good forwardneſs. His Majeſty hath now
given His Royal Aſſent to the Acts for the concluſion of the Treaty, and the General,Aug.
fecuring the remaining part of the Brotherly Aſliſtance; and all the Arrears 11. 1641.
due to the Scottiſls Army are upon the way to New-Caſtle, I am therefore com-
manded by the Houſe of Lords, to convey to your Excellency their earneſt de
ſires that you will with all poſlible ſpeed Disband all the Regiments of Foot,and
the Train of Artillery of His Majeſties Army: His Majeſty hath been pleaſed
Graciouſly to declare his Royal Allent therein, and your Excellency will here-
with receive Order for the doing thereof.
I ſhall only add that the Scots Commiſſioners are engaged to the Parliament
that immediately upon the Receipt
of thoſe Arrears, their Army ſhall march
away to Scotland, for which their General hath received a Command from the
Parliament of Scotland: This Houſe being very confident of your Lordſhips
Vol. II.
L11
1
care
".
2
all
442 An impartial Collection of all the memorable Events
Auguſt,
care in the preſent buſineſs, do promiſe to theinſelves a ſpeedy and a happy
1 641.
concluſion thereof, for which your Excellency may juſtly expect their Hearty
thanks, and that it will be an acceptible Service to His Majeſty as may appear
by His Majeſties Meſſage to this Houſe, a Coppy whereof you will receive
herewith, which as by the Command of this Houſe is ſent by
11 Aug. 1641.
Tour Excellency's humble Servant, &c.
Thurſday
Serjeant Whitfield and Sir Edward Leech being fent this day by the
Auguſt 12. Lords to deſire a Conference by a Committee of both Houſes touching
the Final Concluſion with the Scots, the Earl of Briſtol reported the
Heads of the Conference which he was Ordered to deliver to the Houſe
of Commons;
-
Heads of a
Conference
for a Final
Concluſion
with thc
Scols.
+
(1.) To let the Houſe of Commons know, That the 7th of September
next is thought to be a fit day for Publick Thankſgiving for both King-
doms for the Concluſion of the Pacification.
(2.) To know from the Houſe of Commons, What dayes are to be al-
lowed for the Marching away of the Scots, that the day of their
paling over Tweed may be certain, they being to be paid until
the 25th of
Auguſt
(3.) To let the Houſe of Commons know, That the Exemplifications of
the A&tis concerning the Treaty, and Pullique Faith, are both paſſed under
the Great Seal, and delivered.
(4.) To deſire them to joyn with this Houſe, That the Scots may be
moved for the delivering of the Arms and Cannons at Newcaſtle to his
Majeſties Officers.
(5.) To let them know, That the Scots deſire that there may be a War-
rant granted for the Tranſporting of 30000 1. in Money by Sea.
(6.) To know of them, what Courſe is to be taken for the perfetting the
Treaty in Scotland.
6.) To let them know, That the Scots deſire to paſs with their Army
by Berwick Bridge, and in ſuch fort as Mall be for the Safety of that
Town, as ſhall be agreed upon by their General, and the Gozernor of Ber-
wick.
(8.) That the Scots deſire that an Order of the Houſe of Commons niay
be made for the repaying of the 28000 l to the Biſhoprick of Durham
and the Town of Newcaſtle, that the Scots may deliver the ſaid Order for
their Diſcharge.
4
.
Theſe 8. Heads being propoſed to the Commons at a Conference the
next day being Auguſt 13. they gave theſe Anſwers :
(1.) To the Firſt, concerning the 7th of September to be the Day for
Thankſgiving for both Kingdoms, they have agreed to it.
(2.) To the Second, For the Scots Army paſling over the Tweed the
25th of Auguſt, agreed to.
(4.) To the Fourth, That the reſtoring of the Ordnance at Newcaſtle,
and that the Arms and Munitions may be all reſtored or paid for, to be re-
commended to the Scots Commiſſioners, Agreed to.
(6.) To the Sixth, Concerning ſeeing the Treaty to be finiſhed in Scot-
land, They deſire that Commiſioners may be ſent from both Houſes of
Parliament to ſee the Treaty performed, and to ſettle the Peace of both
Kingdoms.
(z.) To
---
*
+
t
i
1
4
from the Scotch Rebellion to the King's Muitber. 443
(7.) To the Seventh, Touching the Scots Army Marching through Bar- | Auguſt,
wick, agreed to be in ſuch ſort as ſhall be appointed and ſettled there with I 64).
the General and Governor of Barwick.
(8.) To the Eighth, touching the Order for paying the 280000 l.to
the Biſhoprick of Durham and the Town of Newcaſtle, the Houſe of Com-
mons hath made an Order to that purpoſe, and they will deliver it to the
Earl of Warwick, to be delivered
to the Scots Commiſſioners.
The Commons fell this day into debate about Mr. Percy, Sir John
Suckling, and Mr. Fermyn, and it was urged, That it would be made good
ly ſeveral Acts of Parlian.ent, and other Preſidents, That to conſpire or in-
deavor to compel the Parliament to any thing, is Treaſon. And after long
canvaſing of the Matter it was
Reſolved, &c. That Sir John Suckling upon the whole matter Mall be votes thas Sir
ckarged by this Houſe with High-Treaſon,
John
Suckling,
and
Reſolved, &c. That Mr. Henry Percy ſhall be charged with High- Mr. Percy Thail
Treaſon.
with High-
Reſolved, &c. That Mr. Henry Jermyn ſhall be charged with High- Treason.
Treaſon.
The Houſe of Commons being it ſeems now better Inſtruct:d ſince
Friday,
the laſt Conference with the Lord Privy Seal, tell upon the further Im- Auguſt 13.
peachment of the Biſhops, which was thus Reported by Serjeant
Wild.
be charged
1
6
W
1
7 Hercas the Knights, Citizens and Burgeſſes of the Commons Further tm-
Houſe of Parliament have lately impeached the ſeveral Bi- peachment of
the Biſhops.
ſhops hereafter named, that is to ſay, Walter Biſhop of Wincheſter, &c.
“ before your Lördſhips in this Parliament of ſeveral Crimes and Misde-
meanors,
in Contriving, Making, Promulging and Executing ſeveral
"Conſtitutions, and Canons Eccleſiaſtical, and by granting a Benevo-
“ lence or Contribution to His Majeſty contrary to Liw. Now
“ the ſaid Commons do further declare to your Lordſhips, that the
6: ſaid Canons, Conſtitutions, and Grant of a Benevolence, contained
6. in two ſeveral Books, the one Intituled, the Conſtitutions and Ca-
nons Eccleſiaſtical, treated upon by the Archbiſhops of Canterbury,
s and Tork Preſidents of the Convocations, for the reſpective Provinces
6 of Canterbury and Tork, and the reſt of the Biſhops and Clergy of
“thoſe Provinces, and agreed upon with the Kings Majeſties Licenſe
in the ſeveral Synods begun at London and Tork, Anno Dom. 1640 and
“in the Year of the Reign of Our Soveraign Lord King Charles, by
*s*the Grace of God King of England, Scotland, France and Ireland the
16. the other Intituled, a Grant of the Benevolence or Contribution
to his Moft Excellent Majeſty, by the Clergy of the Province of Can-
terbury, in the Convocation, or Sacred Synod bolden at London, An.
“ Dom. 1640. Which Things I am commanded by the Houſe of Com-
mons to deliver to your Lordſhips, and further to declare to your
Lordſhips, That all and every the ſaid Canons and Conſtitutions and
Grant of Benevolence, and the Contriving, Making, Publiſhing and
Executing of the ſame and every of them, were and are contrary to
the King's Prerogative, the Fundamental Laws and Statutes of the
Realm, the Rights of Parliament, the Propriery and Liberty of the
Subject, and tending to Sedition, and of dangerous Conſequence, and
“ were fo Contrived, Made, Promulged and Executed to the great Op-
"preſſion of the Clergy of the Realm, and others his Majeſties Subjects,
Vol. II.
LIL 2
and!
65
CS
+
1
Order for 2
Commiſſion to
nelles about
locendiaries.
2
Houſe of Com-
mons under-
takes to pay
whiſpered ; yet he Spake Some Generals openly, That the French would
444 An Impartial Collection of all the memorable Events
Auguſt,
and in Contempt of his Majeſty, and of the Laws, and do pray as
1 641.
they did before, that the ſaid Biſhops may be forthwith put to their
Anſwer in the Preſence of the Commons, and that ſuch further Pro-
"ceedings may be had therein, as to Law and Juſtice appertains.
The Scots Commiſſioners having deſired a Commiſſion, to Commif-
ſioners of both Nations for Examination of Witneſſes about Incendiaries.
and having given the Names of ſuch of their Nation, as they deſired
might be in the Commiſſion :
It was Ordered by the Houſe of Lords, That the Clerk of the Crown
examine Wit-Mall Illue out a Commiſſion under the Great Seal of England, and the
Lord Keeper is to Seal it accordingly, by Virtue of this Order, which
Commiſſion is to be directed to the Lord Keeper, the Lord Privy Seal
, the
Earl of Warwick, the Lord Viſcount Say and Seal, Lord Wharton, and
the Lord Kimbolton, To the Lord Lowdon, Sir Patrick Hepbourn, and
John Hepbourn and John Smith Eſquires, to joyn with ſeveral Members
of the Houſe of Commons, or any five of them to examine Witnelles touch-
ing Incendiaries concerning both Kingdoms of England and Scot-
land.
The Buſineſs of paying the Billet Money in the ſeveral Quarters
where the Scots Army had lain, came into debate, and it was
Reſolved, &c. That the Houſe of Commons undertakes to diſcharge
our Brethren the Scots of theſe Summs, and to pay the ſaid Coun-
the Scots Biller. ties, viz.
1.
d.
To the County Palatine of am
26663 13-
To the Town of New-Caſtle
--CO-
To the County of Northumberland --10224
06-
Total
38888
-08
Mr. Pym Reports,
Money paid
for the Q. MO-
That he had paid Seven Thouſand Pounds to the Earl Marſhal, for diſ-
thers Journey. patch of the Queen-Mother out of England. :
Captain Chudleigh being Examined concerning the matter of the
Capt. Chud Army, faith, That. Sir John Suckling told him, That he ſhould not de-
high's depofi pend upon what Commiſſary Wilmot, Col. Aſhburnham, or Captain Pollard
Mr. Fermyn
, Said; for they had quitted their Affection to the Army, and fallen into a
Nr. Perce, &s. Parliamentary way : This in the Month of March before Col. Goring
went to Portſinouth.
He faith further, That he could not conje&ture by any Diſcourſe that
Ever he had with Mr. D'avenant, that he knew any thing of any Deſign
of bringing up the Army, only by the Diſcourſe he had with him, he could
diſcover an affection to the Army, and that he charged him alwayes to keep
all our Diſcourſes between us ſecret, becauſe the Times were dangerous.
dll this diſcourſe he had with Mr. D'avenant, was before Col. Goring went
to Portſmouth.
Whenfoever Sir John Suckling, ſpake with him concerning any particular
Intimations to the Army, though Mr. D'avenant was then preſent, le
alijt; That the Clergy. would maintain 1000 Horſe ; That part of the
Commons Houſe was much diſtaſted with the Letter that came from the
Army.
S.
Іо
- 2000-
-co
IO
00
t
11
.
.
| 641.
Letter to t.
T
bout the Scots
marching by
.
from the Scotch Rebellion to the King's Murther.
445
Army. The only Propoſition was to know their Inclinations for their ac- | Auguſt,
cepting Col. Goring for their Lieutenant General.
Mr. Wilmot, Mr. Aflıburnham, and Mr. Pollard told him, That the
Houſe of Commons had real Intentions towards the Army, and that they
ſhould have Martial Law, if it would ſtand with the Conveniency of the
Common-wealth ; and this they Spake with much Earnestneſs. Sergeant
Major Willis told him upon the Way, That the Clergy would furniſh a Thòu-
Sand Horſe.
A Letrer was Ordered to be ſent to the Lord General, about the Af- Saturday
,
Auguſt 14.
fairs of the Army, which was as followeth.
May it Pleaſe your Excellency;
He Treaty of Pacification between the Two Kingdoms of England and Generate from
Scotland, being come to a Happy and Peaceable co cluſion, and a the Lords a
Dry prefixed for the Scottiſh Army to March over the Tweed; for the
more Expedition thereof, the Scottiſh Commiſſioners have made their Re-Barwick
queſt to the Parliament, that they might be permitted to paſs with their
Army, Munition and Artillery over Barwick Bridge. To which defire b the
Houſes of Parliament have conſented, to be in ſuch fort, as liall be agreed
and ſettled there by the General and Governor of B:rwick.
Wherefire the Lords have commanded me, to recommend the Manner and
Way thereof to your Excellency's Care and Fudgment, not doubting but
your
Excellency will give ſuch Direčtions to the Governor of Barwick, both for
the number of Soldiers that ſhall March in a Company together, as alſo
how to preſerve his Majeſties Ordinance and Munitions there, and ſecure
the ſafety of the ſaid Town.
And 10 l humbly remain
Your Excellency's Servant
to Command Fohn Banks
Speaker of theLoids Houſe.
A Complaint having Yeſterday been made by the Houſe of Com-
Capuchin Fri.
mons, that the Capuchin Friers in Denmark Houſe, were very active in crs at Denmark
Preterting the Kings Subjects from the True Religion, the Earl of Der Houſe to keep
ſet was Ordered to attend the Queen, and move her Majeſty from this
Houſe in it, and humbly to deſire her Majeſty, That the ſaid Friers
may be kept in, and not ſuffered to go abroad to pervert the People, and
draw them to be reconciled to the Church of Rome. And further, That the
Earl of Dorſet do ſend for the Chief of the Capauhins, and give him warn-
ing that he obey this Command.
Upon reading the Petitions of the Lord Major of London, and the ſix
Order about'.
Perſons choſen by the Commonalty of the ſaid City, It is Ordered, Major,and Ci-
That both ſides ſhall give Copies to each other of their Petitions, and attend tizens for a
the Lords Committees, appointed to compoſe the Differences between them on
Munday next, in the Afternoon at Two of the clock in the Painted Cham-
A Meſſage was brought from the Houſe of Commons by Mr. Ho-
Meſſage that a
tham, to delire That a convenient number of Lords may be kept together in convenient
this Hosſe, until the Armies be disbanded, and the neceſſary Defence of the number of
Kingdom ſettled.
ſtay in Town.
The Anſwer hereunto was, That their Lordſhips will take Care as is
in.
Reference.
ber.
1
Lords may
deſired.
Whereas
1
;
+
che Houſe of
Lords about
+
:
+
..
446 An Impartial Collection of all the memorable Events
August, WH
Hereas this Houſe hath been Informed, That Thomas Bufhell Efq; Under-
1 641.
taker of His Majeſties Mines Royal in the County of Cardigan, by his
great Charge and Induſtry in cutting Additts, hath gained His Majeſties old
The Order of drowned and forſaken Works of Talabant,and other Works,and made newDiſco-
veries of RoyalMines there,which are already very Conſiderable. And wherzas di-
vers Perſons of Quality encouraged by His Majeſties Letters to them directed,
Mines Royal do intend to adventure great Summs of Money in the ſaid Work, which in time,
in Wales Aug.
14.1641.
if well incouraged, may prove of great conſequence, both for Honor and Pro-
fit to His Majeſty and this Kingdom. And whereas alſo it appeareth unto this
Houſe by divers Affidavits and Certificates of Credit, that ſome Perſons ill af-
fected to theſe Honourable and Publick Services, (who in time may receive de-
ſerved Puniſhment ) have diſturbed the poſſeſſion of the ſaid Thomas Bufhell in
ſome of His Majeſties Mines Royal and Edifices appertaining to the Royal
Work, and have plucked up divers Pumps, caſt in the Rubbiſh, and drowned,
and ſo much as in them did lie, deſtroyed the ſaid Works, ſo as it hath been
a labour of 4 Years Night and Day to recover the fame; and that the ſaid Tho-
mas Bufhell hath been diſturbed in the getting of Turf and Peate for the Ser-
vice of His Majeſties Works,being an invention of his own very commendable
and commodious for the preſerving of Wood, which hath been heretofore by
the former Undertakers much waſted in thoſe Parts. Now for the Re-
medy of ſuch miſchiefs, and that the ſaid Thomas Bifhell and his Aſſigns,
and ſuch Perſons as are or ſhall be undertakers and Adventurers with
him in the ſaid Service, may receive a due encouragement and alliſtance in theſe
chargeable Undertakings.
It is Ordered by the Lords in the upper Houſe of Parliament now Aſſembled,
That the Speaker ofthis Houſe in the Name and by the Authority of the ſame,
ſhall direct his Letters unto the Judges of Allizes and Juſtices of the Peace of the
ſaid County of Cardigan, requiring them, that they do in all Lawful things en-
deavour to advance and encourage the ſaid Service in His Majeſties Royal Mines,
and allift the ſaid Thomas Buſhell, and other Undertakers in all things ſo far as
Lawfully they may for the continuance of his Lawful Poſſeſſion, and the quiet
and peaceable Working of the ſaid Mines,until he ſhall be ejected by due Courſe
of Law, as alſo for getting and working of Turf or Peate according to his
Legal Right, upon His Majeſties Waſts and other places Lawful, and all other
Lawful accommodations of neceſſary paſſages, and other Legal' things which
may any ways advance His Majeſties Service in the ſaid Royal Mines.
Commiſſio-
ners to attend
the King in It was this day Ordered by the Commons, That two Members only of
this Houſe ſhall go Commiſſioners into Scotland with the Earl of Bedford,
and Mr. Hambden and Sir Philip Stapleton to be the Perſons. A Com-
Petition a-
mittee was alſo appointed to draw Initrụctions for them.
gainſt the Mi-
A Petition was read againſt the Miniſter of St. Anns Church near
Ann's Alders- Alderſgate, for ſpeaking Words againſt the Parliament, (for ſo they cal-
led the Houſe of Commons) faying, It would not laſt alwayes, but they
Vote in favour would hereafter be queſtioned for ſome things they have done.
The Houſe then took into Confideration the Caſe of one Small a Mi-
niſter in Lincolnſhire, ſometime ago deprived of his Living by the Sen-
tence of the High-Commiſſion Court; upon which it was
Reſolved,&c. That the deprivation of Edmond Small from his Living
dor.
of Holm in Com. Lincoln, by Sentence of the High Commiſſion Court was
Illegal, and be ſhall be reſtored to his Living.
There was a Conference with the Lords about putting the Kingdom
into a Poſture of Defence, as alſo about the Tower of London, the Lieu-
tenant Sir William Belfour being gone with the King into Scotland about
ſome private Affairs of his own, 1o that it was neceſſary that the Earl of
Newport the Lord Conſtable of the Tower, ſhould take Care of it himſelf.
It was alſo there moved, That Care might be taken of the Iſles of Jerſey,
Wight, and Guernſey. Which was agreed by the Lords, and 50 men
1
+
<cotland.
piſter of St.
gate.
of Mr. Small a
Miniſter in
Lincoln Shire.
Conference a
bout the TOWET,
0
of!
JE
i
t
1
.
+
:
24
1
from the Scotch Rebellion to the King's Murther. 447
of the Hamlets to guard by Day, and so by Night, and 40 or ga more August,
to be added upon Emergent Occaſion.
1641.
Bill for Ton-
*
nage and
two Months,
!!
* Incendiaries
thoſe were.
1.
.
1
1
1
iden
A
The Bill for Tonnage and Poundage for two Months longer was this Monday,
day paſſed by Commiſſion in the uſual form and manner.
Alouft 16.
After this the Interrogatories were delivered in to the Lords and Poundage for
read; upon which the Scots Commiſſioners deſire Witneſſes may be
paſſed by
Examined, concerning the Earl of Traquayr, Sir John Hayes Clerk Regi- Commiftion.
ſter in Scotland, Sir Robert Spotswood, and Dr. Walter Balcanquell
, and
to be proſes
Mr. John Maxwell, ſometime Biſhop of Roß, who are purſued as Incen-cuted and who
diaries.
The Interrogatories being approved of, It was Ordered, That the Lord
Privy Seal, E. Warwick, E. Dover, Viſcount Say and Seal, L.Wharton,
are appointed by this Houſe to be Committees for the taking of the Exami-
nation of Witneſſes in this Buſineſs; and their Lordſhips or any Three or
more to meet when they pleaſe to appoint.
Then the Lord Privy Seal, E. Pembroke, and L. Goring, were ſworn at
the Clerks Table, the Lord Keeper reading the Oath, and are to be
Examined concerning the Incendiaries.
Ordered alſo, That John E. of Sterling, Robert Young Printer, Wil-
liam Warnor Corrector, and Robert Chapman Compoſer, Jhall attend the
Lords Committees this Afternoon, and be 'Suporn and Examined in the
buſineſs concerning the Incendiaries
.
This was in order to the diſcovery bf the Writer of the King's large
Declaration, which was generally ſuppoſed to be Dr. Bellcanquel Dean
of Durhami, which had ſo much Mordacis Veritatis, of ſharp and cutting
Truth in it, that the Scots thought there was no other way to undo the
Reputation of the Book, but by ruining the Reputation of the Author,
and no way ſo Effectual for that, as the brand of an Incendiary, burnt
upon the forehead of his fame' by this Publique Procedure, which yet
could not but even then be liable to ſuſpition, his Enemies being his Ac-
cuſers, and the Majority of theſe Lords Committees who were to report,
and in Effect therefore to be his Judges, being apparently of the Scottiſh
Party and Intereſt.
A Meſſage was brought from the Commons by Mr. Strode, to let Mellage about
their Lordſhips know, That they have taken into conſideration the de- the Deſperate
Sperate Eſtate the Kingdom now ſtands in, in the time of Disbanding the
Kingdom, and
Army, and they have conſidered of the Danger the King's Ammunition Hulio
at Hull is in, if there ſhould be any deſign upon it; Therefore they deſire
their Lordſhips wauld joyn with them in some Courſe that the Ammunition
there be not Stirred nor removed from thence, without the Order of both
Houſes of Parliament.
Hereupon it was Ordered, That a Letter be ſent to the Lord General
to give Order, That no Munition or Artillery of the Kings at Hull be re-
moved or ſent from thence but by Order from both Houſes.
Mr. Pym reports from the Committee about the Commiſſion for the Difficulty
Commiſſioniers of both Houſes who are to attend the King in Scotland: about che
That the firſt thing they took into conſideration was the Commiſſion to give for the Coin-
Power to theſe Commiſſioners, and the doubt is, whether ſuch a Commif miſſioners to
lion may be gränted or no, the King being now out of the Kingdom, ſo that go into Score
the Royal Alent cannot now be had, and it wauld be of much danger if ſuch
*
Eſtate of the
>
.
A
land.
a Power
-
1
1
+
.
3
1
1
1
.
.
:
il
448 An Impartial Collection of all the memorable Events
Auguſt, la Power: way:notibe had, -and-therefore they deſire the Opinion of the
1641, Houſe in this point. Upon which a Conference was deſired with the
Lords upon this Subject. After which Mr. Pym Reported it to the
Houſe;
The Opinion That the Lords were doubtful, and therefore propounded to have a
of the Lords Meßenger ſent to procure his Majeſties Warrant, and the Commiſſioners to
rence about it. Stay here till the Meſſenger returned ; and that in the mean time they
would conſider of their Inſtructions.
This day the Earl of Dorſet ſignified to the Lords Houſe, That he
hath Waited on the Queen, and hath acquainted her Majeſty with the
Humble Deſires of this Houſe, touching reſtraining of the Capuchin Friers
in Sommerſet-Houſe from tampering and withdrawing the Kings People.
The Queens
Her Majeſtie ſayes, It is much againſt her Will that they have gone
Anſwer about abroad, or have endeavoured to pervert any from their Religion ; and her
Friers at Den- Majeſtie is alſo very unwilling that any Engliſh People fiould reſort there
mark-Houſe, to Chappel, but her Majeſty will give Order to prevent theſe for the fu-
And the Earl of Dorſet faid, He would' obey their Lordſhips Command
and ſend for the Chief of the Capuchins, and give him a ſtrait Command
not to ſuffer any of the Friers.to ga abroad, nor any Engliſh People to come
to them, or to hear Maſs there
..
The Impeachment brought up from the Houſe of Commons againſt
Houſe of Lords the 13 Bishops was read, and the Houſe fell into Debate what time they
peachment of ſhould have to Anſwer, and whether in this Debate they ſhould be
pre-
ihe 13 Bi fent in the Houſe. And it was
Thope.
Reſolved upon the Queſtion, that thje Lords the Biſhops that are Ima
peached may Sit in this Houſe without Voting, when it is in Debate ivhe-
ther they ſhall have further time to Anſwer or not.,
Reſolved, &c. That ſuch of the Biſhops as are Impeached ſhall not Sit
here in this Houſe when the Merits of the Cauſe is in Debate.
Reſolved, &c. That when the diſpoſing of the manner of the Proceedings
of the Cauſe is in Debate, the Biſhops may 'Sit in this Houſe, but not
Aug.17. 1641.
ture.
1
1
1
2
Vores in the
1
Vote.
Tlic Letter to
the Lord Ge-
neral concern
ing Hila
1
7
The Letter drawn by the Committees of both Houſes to the Lord
General concerning Hull, was read as follows:
May it pleaſe your Excellency,
· Am commanded by the Houſe of Peers to give your Lordſhip many thanks
I
not only for your great care daily expreſt of the Army, but for youn no
leſs vigilancy over the preſent diſtracted Eſtate of this Kingdom, particularly
for the account given by your Excellency to my Lord Chamberlain of the doubts
conceived by your Lordſhip .concerning it, and we hope that if the cauſes of
thöle doubts Thall increaſe, that your Excellency will likewiſe increaſe both
your Vigilancy to diſcover, and your Induſtry to inform us of all ſuch pro-
ceedings, as may concern us to be made acquainted with for the Publick
Good.
I am likewiſe to acquaint your Excellency, That to prevent. all inconveni-
encies and dangers that may happen, of which we find your Lordſhip to have
already ſo quick and juſt a Sence, both Houſes have joyned to ſecure Huil, as
a place of great Importance, eſpecially by reaſon of the Magazine, and upon
which ill affected Perſons may molt readily have ſome deſign and in purſü-
ance of that Reſolution your Lordihip will receive Orders from the Houfe
of
:
4
..
.
1
".
.
1
}
1
!
4
from the Scotch Rebellion to the King's Murtber. 449
1
Auguſt;
I 641.
of Commons, and I am to deliver your Lordſhip thoſe of the Houſe of Peers,
That your Lordſhip command the Major of Hull in the name of both Houſes
to uſe all poſſible care to ſecure the Town committed to his charge, and not to
ſuffer the Arms and Amunition in that Magazine to be diſpoſed of without the
Orders of both Houſes.
I ſhall trouble your Lordſhip no further, but only to deſire your Excellency
to continue your ſpeed of Disbanding of the Army in the method already Or-
dered, which till it be effected, as we are confident it will be ſo ſoon as your
Lordſhip can bring it to paſs, I am commanded to make a part of every Letter
which I ſhall direct to your Excellency.
+
Your Excellencies Himble Servant;
F
Port mouth.
Dcfeocc.
1.
1
Edward Littleton.
The time for
The Lords fell upon the Debate at what time the Biſhops ſhould put to put in their
the 13 Biſhops
in their Anſwer, and it was Ordered, That the Lords the Biſhops that Anſwer
.
are Impeached by the Houſe of Commons, are to make their Anſwers there-
unto on Thurſday come Month, being the 16th day of September nexi,
It was this day Ordered by the Commons, That Three Thouſand Ped for the
3000 l. Orde:
Pound, ſhall be paid by the Sheriff of Hampſhire out of the Poll-Money, Garriſon of
to Colonel Goring for the Garriſon of Portſmouth.
The Committee then reported the Care about the Pattent for Soap, Monoply of
upon which it was
Soap voted
Illegal.
Reſolved, &c. That the Patent, Indenture, Decree and Proceſs, in the
Star-Chamber about Soap-Boilers is Illegal.
The Commons having deſired a Conference with the Lords, about Wedneſday,
putting the Kingdom into a Poſture of Defence, Mr. Hollis Reports that Biguſt 18.
Conference.
Report about
putting the
The Lord Chamberlain told us, bis Majeſty before his going, had de- Kingdon into
clared, That he would appoint a General for the South Side of Ï rent, and a Pèfture of
that his Majeſty was pleaſed to nominate him; and that ſince his Maje-
fies going, a Commision had been delivered unto him under the Great Seal.
He apprehended this too great a Burden, and knew not ikat Exception
had been taken, to the Proceedings of the Lord Lieutenants and Deputy
Lieutenants ; That by this Commiſſion in caſe of Tumults and Commotions,
he is to raiſe Forces and Men for the ſecuring ibe Perſon of the Queen, the
Prince, and the rest of the Royal Family.
He offered theſe Difficulties, That when theſe Forces were raiſed, he knew
not how to levy Money for the Payment of them, and beſides he is to take
a Care if there were an Invaſion from Abroad, for which he was ill prepa-
red, having 10 Intelligence or Correſpondency from Ambaſſadors Abroad, or
from the Fleet, and ſo concluded with a deſire of Advice from this Houſe.
In order to their Preparation, for giving in their Anſwer, It was
cerning the Bis
this day Ordered by the Houſe of Lords
, That the Biſhop of Rocheſter, ſhops to pre-
with one other of the Biſhops, may have free Acceſs, twice unto the Lord pare for their
Archbiſhop of Canterbury, to ſpeak with him coxcerning their Anſwer to
the Impeachment brought up againſt them from the Houſe of Commons,
for making a Book of Canons, &c. and they are to speak with the ſaid
Archbiſhop of Canterbury, about no other Baſineſs. It was alſo Orde-
red, That the Lords, the Biſhops may Acceſs unto, and have Copies of all
ſuch Acts and Records, as are in any of his Majesties Courts of Juſtice and
Publick Offices, which may make for their Defence or Anſwers to the Im.
peachments,
brought againſt them from the Houſe of Commons.
Vol. II.
Upon
Orders con.
Anſwer.
.
M m m
Y
!
450
Auguſt,
I 641.
at
Order to
ſearch under
the Parlia-
ment Houſes.
An Impartial Collection of all the memorable Events
Upon what Ground, Information or Suſpicion it does not appear, but
it was this day Ordered, That Mr. Juſtice Heyward, ſkall have Power by
virtue of this Order, to ſearch before the next Meeting of Parliament,
Roleby's Houſe, the Taverni
, and ſuch other Houſesand Vaults or Cellars
as are under the upper Houſe of Parliament, that there be no Powler,
drms, or any other Ammunition, as may endanger the Safety of the Hou-
ses of Parliament, and bereof Acccunt is to be given to this Houſe
.
I he Lord Viſcount Say and Seal, reported the Conferences Yeſter-
day with the Houſe of Commons touching difarming Popiſh Recu-
fants.
1
t
The Reſult of
Hat becauſe divers former directions have been fruſtrated, the Houſe of
the Conference
about Dirar-
Commons holds it neceſſary to add ſome extraordinary courſes at this
ming Recu time for the diſarining of Papiſts, there being more then extraordinary cauſe
ſants Aug. 18 of danger, for effecting whereof, It is propounded and deſired, That Com-
1641.
miſſioners or Committees may be forthwith ſent into the Counties of moſt dan-
ger, as Yorkſhire, Lancaſhire, Cheſhire, Staffordſhire, Hampſhire and Suſſex, Au-
thorized by Ordinances of Parliament, to ſee the Papiſts difarmed in thoſe
places.
That theſe Committees may examijn where the defect hath been, that for-
mer Orders have not been obſerved ; eſpecially in Caſe of ſuch Papiſts as are
in Power, and that they may have direction to give the Oath of Allegiance to
ſuch as are juſtly ſuſpected of Popery.
That the Commons have informed, that divers Recuſants have been kept
from Conviction by Priviledg of Parliament, allowed in the Upper Houſe,where-
upon it was delivered as the clear Opinion ofthe Houſe of Commons, That
no Priviledg of Parliament is to be allowed in this Caſe of Conviction or
Diſarming of Recuſants, for which theſe Reaſons are given.
(1) That no Priviledg is allowable in Care of the Peace betwixt Private
Men, niuch more in caſe of the Peace of the Kingdom.
(2) That Priviledg cannot be pleaded againſt an Indictment for any thing
done out of Parliament, becauſe all Indictments are contra pacen Domini Regis.
(3) Priviledg of Parlianient is granted in regard of the Service of the Com-
mon-wealth, and is not to be uſed to the danger of the Common-wealth.
(4) That all Priviledg of Parliament,is in the power of Parliament, and is a
reſtraint to the proceedings of other inferior Courts, but is no reſtraint to the
proceedings of Parliament, and therefore ſeeing it may without in juſtice be
denied, this being the Caſe of the Common-wealth, they conceive it ought not
to be granted.
Whereupon it is deſired that their Lordſhips will declare that all Priviledges
ſhall be void in caſe of the Conviction or Diſarining of Recuſants, and that all
their Certioraris out of the King's Bench to hinder the Conviction of Recuſants
may be Superſeeded.
That this direction may extend to Lords as well as to other Conimon Per-
ſons, there being more cauſe of fear from them in regard of their power and
Greatneſs then from others.
That if any Popiſh Recuſant of Quality ſhall be found not to be Convicted,
that ſuch Perons be commanded forthwith to attend the Parliament.
The Opinion of the Houſe of Commons is, That Popiſh Recufants as this
Caſe is, may be Diſarmed by the Common-Law, being Perſons juſtly to be ſuf-
pected for ſome dangerous deſign, and that where there is cauſe of fear this
may be extended to ſuch Perſons 'as have Wives Recufants, or Children, or
any but conſiderable number of Servants, as may give good Cauſe of 'Suf-
pitions.
That in ordinary Caſes, if there be a Combination to do any miſchief, to
commit a Riot, Rob a Houſe, or hurt any private Perſon; the Juſtices of the
Peace may take ſecurity to prevent ſuch damages much more in the Cafe where
the danger of the Common-wealth is to be prevented.
divers
S
.
។
*
...
!
from the Scotch Rebellion to the King's Murther. '451
Divers Preſidents were remembred for the Difarming of Lords of Parlia Auguſt,
ment, the Marqueſs of Wincheſter, Lord Peter, Lord Vaux, Lord Arundel of
Wardour and divers others.
Then after ſome Conſideration ofthis Conference, It is Ordered, That this
Houſe doth joyn with the Houſe of Commons to ſend Commiſſioners to Dif-
arm Recuſants, according to Law, for the other part of it their Lordſhips will
take it into conſideration.
1 641.
HI
Sir William Armyn brings this Anſwer, to the Meſſage to the Lords, The Lords An-
concerning the Commiſſioners deſigned for Scotland, That the Lords are liver about the
of Opinion, that the Commiſion and Inſtructions be preſently prepared toge for Scotland.
ther with a Petition to his Majesty, and that this be ſent away with all
Speed; and in the mean time, the Commiſſioners may be going their fourney,
and thoſe Inſtručtions and Commiſion, may meet them' on the Way, if this
Houſe thinks fit.
Mr. Pym reports the Petition and Inſtructions to the Commiſſioners
for Scotland.
To the King's Moſt Excellent Majeſty.
The Humble Petition of your Majeſties Loyal Subjects, the Lords and
Commons, now Aſſembled in Parliament.
1
for Scotland.
6
".
4
s
Moſt Gracious Sovereign,
Our Majeſties Abſence at this time, the Parliament fitting, doth The Petition
not only afflict us with much Grief, bụt hinders us in making concerning the
"ſuch Proviſion for the Public Neceſſities and Dangers of the King- Commiſſioners
dom, as we deſired to do, for the Safety whereof, We ſhall be often
forced to reſort to your Majeſties Wisdom and Goodneſs. Whereup-
on both Houſes of Parliament have agreed to ſend William Earl of Bed-
ford, Edward Lord Howard, Nathaniel Fiennes Eſquire, Sir William
Armyn Baronet,Sir Philip Stapleton Knight, and John Hanibden Eſquire,
to attend your Majeſty, to convey to us your Majeſties Commands and
Directions, and to preſent to your Majeſty our Humble Petitions and
Deſires, and likewiſe to ſee the Expediting of ſuch Acts in the Parlia-
ment of Scotland, and other Affairs, as by the late Treaty or other-
wiſe concern the Kingdoin.
Wherefore our moſt Humble Suit to your Majeſty is, That you will
be graciouſly pleaſed to admit the ſaid William Earl of Bedford, Ed-
ward Lord Howard, Nathaniel Fiennes, Sir William Armyn, Sir Philip
Stapleton andFohn Hambden Eſquire to be your MajeſticsCommiſſioners,
for the diſpatch of the Affairs aforementioned, according to ſuch Inſtru
ctions, as they have now received, or fliall from time to time receive
from both Houſes of Parliament, with your Majeſties Conſent and
* Approbation.
The Inſtructions for the ſaid Commiſſioners follow.
E
5
1.
Y:
ou fall take care that all thoſe Asts that concern both Kingdoms The Inſtructi-
of England and Scotland, and are already agreed upon in the Treaty ons for the
between the Commiſſioners of both Nations, and which are confirmed ners.
by an Act of Parliament paſſed in this preſent Seſion, ſhall likewiſe be con-
Vol. II.
firmed
Mmm 2
1
F
.
452 An Impartial Collection of all the memorable Events
+
Auguſt, \firmed and ratified in the Parliament in Scotland, and Tou ſhall take an
1 641. authentique Exemplification thereof to bring home with you.
IT.
You are to take care that the Commiſions agreed upon in the ſame
Treaty concerning the Trade of both Kingdoms, and concerning the Pub-
lique Peace and Correſpondency betwixt the Two Nations, may le ſettled
and diſpatched accordingly.
III.
You are to demand Satisfaction of ſuch Debts as ſhall remain due to the
Northern Counties of England, for any Money or Proviſion taken up by
the Scottiſh Army.
I V.
You ſhall be Careful to clear the Proceedings of the Parliament of
England towards the Scots, if you find any falſe Reports or Imputations
caſt on thoſe Proceedings by perſons ill-affected to the Peace of both King-
doms.
V.
Tou ſhall upon all fit Occaſions aßure the Parliament of Scotland of the
good Affections of his Majeſties Subjects of the Parliament of England,
and all things which ſhall concern the Service of his Majeſty and the Peace
and Prosperity of both Nations.
V I.
Tou ſhall be Careful to certify the Lords and Commons in this preſent
Parliament from time to time of all Proceedings therein, and of all Occur-
rences which ſhall concern the good of this Kingdom.
VII.
Tou ſhall put in Execution ſuch further Inſtructions as you ſhall receive
from the Lords and Commons in this preſent Parliament, with his Ma-
jefties Approbation and Conſent ſignified under his Royal Hand.
It was Ordered, That Mr. Anthony Nichols a Member of this Houſe,
go with the
ſhall go to his Majeſty from this Houſe with the petition and In-
Petition, &c.
1090l
. advan- | Itructions.
cedforthe Char It was likewiſe Ordered, That a Thouſand pounds ſhall be advanced by
ges of theCom-
miſſioners.
Sir Robert Pye, Mr. Wheeler, and the Treaſurers of Money for Weſt-
minſter for the Commiſſioners Charges, and their Acquittance, or any two of
them, to be a Diſcharge.
Sir Ph. Staple Sir Philip Stapleton and Mr. Hollis were alſo Ordered to attend Her
Majeſty, to know what Commands her Majeſty will lay upon the Members
tend the Q. be- of this Houſe that are to go to His Majeſty in Scotland.
The Lord General, as indeed any perſon moderately skilled in Martial
Affairs would have done, made ſome difficulty, it ſeems, of letting ſo
powerful an Army, though of our Dear Brethren of Scotland, March
through ſo Important a Paſs as the Town of Barwick, and upon this
wrote to the Parliament concerning it ; Whercupon the Lord Keeper
Littleton returned this Anſwer:
Mr. Nichols to
A
ton and Mr.
Hollis to ac-
fore they go
for Scotland.
2
My
1
1
Letter to the
I
1
to March over
from the Scotch Rebellion to the King's Murther. 453
Auguft,
My Lord,
I 641.
Have received your Letter dated the 16th of this preſent Month, Lord General
concerning the Paſage of the Scots over Barwick Bridge, and have for the Scots
acquainted the Lords with the fame; they have commanded me to
Jignifie“ unto your Lordſhip, That ſince it is a Reſolution taken by both Bridge
:
.
Houſes, and conſented to by them, they ſee no Cauſe to alter it, or to give
an Occaſion to the Scots to hinder their March as is agreed and concluded
on by the Treaty here, and therefore they adhere to their firſt Order to
your Lordſhip for their Paſage over Barwick Bridge, and do require your
Lordſhip to obey the Order of the Houſes; only for the Manner and Order,
they recommend it to your Lordſhips Care and Directions, that it тау
be
Speedy and with Şafety. God have your Lordſhip in his Keeping.
1
Your, &c.
His Majeſty was now Safely Arrived in Scotland, purpoſing with all Monday,
Application imaginable to Settle and Quiet the Minds of his Subjects of Aug. 19.
that Kingdom, in hopes that it might conduce very much to the Com-
poſure of the Affairs of England ; and for this purpoſe at his firſt
appea-
rance in the Parliament of Scotland, being Thurſday, Auguſt 19th, he
made this following Speech.
THE
My Lords and Gentlemen,
Here hath nathing been fo diſpleaſing to me as thoſe Unlucky Diffe- His Majeſtics
rences which have happened between Me and My People ; and nothing speech to the
that I have more defired, than to ſee this Day, wherein Į hope not only to Scotland, Aug.
ſettle theſe Unhappy Miſtakings, but rightly to know and to be known of 19. 1641.
My Native Countrèy.
I need not tell you (for. I think it is well known to mojt) what Dificul-
ties I have paſed through and overcome to be here at this preſent :
Tet this I will ſay, If Love to My Native Countrey had not been a chief
Motive to this fourney, other reſpects might eaſily have found a ſhift to
do that by a Commiſion, which I am come to perform My Self. And this
confidered, I cannot doubt of such real Teſtimonies of your Affections for
the maintenance of that. Royal Power which I enjoy after an Hundred and
eight Deſcents, and which you have profeſſed to maintain, and to which
your own National Oath doth oblige you, that I ſhall not think any
Pains
ill beſtowed.
Now the End of My Coming is ſhortly this, to perfect whatſoever I have
promiſed, and withal to quiet the Diſtractions which have and
may fall
out amongſt you: And this I mind not ſuperficially, but fully and chearfully
to perform. For I aſsure you, That I can do not hing with more chearful-
neſs, then to give My People a general Satisfaction. Wherefore not offer-
ing to Endear My Self unto you in Words, (which indeed is not My way )
I deſire in the firſt place to Settle that which concerns the Religion and
Juſt Liberties of this My Native Countrey, before I proceed to any oiher
Act,
Information
of Arms in the
In the Houſe of Commons, one Mr. Sewer did this day give Informa- Marqueſs of
tion, that he did ſee on Monday was ſeven-Night, a great many Arms Winton's Houſe
at Baſing- Stoke.
in
I
!
:
+
!
!
i
454 An Impartial Collection of all the memorable Events
Auguſt, in the Marquiſs of Wincheſter's Houſe at Bafingstoke a Reculant, and
I 641.
that the Keepers of them told him, there were Arms for a thouſand five
hundred Men.
One Welſh an Iriſh Prieſt was ordered to be ſent for, and if he refu-
ſed to come, to be taken into Cuſtody by the Serjeant.
It was alſo Ordered, That Mr. Arthur Goodwin, Mr. Hotham
disbanding. and Sir Henry Anderſon, ſhall go into the North about disbanding the
Army, to whom Mr. Scowen was afterwards added by a Vote of the
Houſe.
The Copy of the Commiſſion to be ſent for his Majeſty to Sign,for the
Commiſſioners to impower them to go into, and Act in Scotland was
alſo read, which was as follows.
Order about
.
}
3
Commiſſion
for the Com-
miſſioners that
are to go to
Scotland.
C
i
HARLES by the Grace of God, of England, Scotland, France
and Ireland King, Defender of the faith, &c. To Dur Trit-
ity and right weil Beloved William Earl of Bedford, and to
Dur truſty and right well Beloved Edward Lord Howard, and alſo
to Dur trụfty and well beloved Nathaniel Fiennes Eſquire, Sir Wil-
liam Armyn Baroniet, Sir Philip Stapleton Knight and John Hamb-
den Eſquire Greeting. Know Ve, that We repoling ſpecial Truſt
and Confidence in your approved Fidelity, Wisdom and Diſcreti-
ons, have Nominated and appointed you to be Dur Cominillioners,
and by theſe ſaid Preſents, give unto you, : 02 any three or more of
you, full power and Authority to go into Dur kingdom of Scotland,
and there to Treat Confer anid Conclude with ſuch of Dur Commil-
doners, as ſhall be pained and authorized in Dur Pacliamient of
Scotland, accouding to the Inſtructions hereunta Annexed; And yout
oy ang three of inole of yoti, are likewiſe to Dbſerve and Purſue all
ſtico further Juftruations, as yott, 02 any.. three or more of you as a-
foreſaid, wall from time to time receive from the Lords and Coni-
inons alleinbled in Dur Parliament of England with Dur Content
and Appzobation, Signified under Dur Royal Hand. 311 Tuit-
nels, &c.
1
1
Votes about
The Houſe took into Conſideration the Caſe of Mr. Cooper Rector
Mr. Cooper lur-
pended by Dr. of Alton in Com. Huntington, and it was
Rone and Sir
Reſolved, &c. That
the Swfpenfion of Mr. Cooper, Rector of Alton in
John Lamb.
Com. Huntington, for not reading the Book of Recreations, is illegal
.
Reſolved, &c. That Doétor Rone and Sir John Lamb ought to give
him Reparation for his Damages ſuſtained, and that his Suſpenſion be taken
off.
Post Meridjem Mr. Pym Reports the Order agreed upon by both
Houſes, for the Disbanding in bæc verba.
i
Order of both
Houſes for dis-
banding the
Army.
W
Hereds it was ordered by the Lords and Commons in Parliament
Auguſt 7. 1641. That the Horſe Troops of the King's Army be
forthwith Disbanded, whereiinto his Majeſty gave his Conſent, and ſignified
liis gracious Pleaſure to have it effected accordingly, all which was certifi-
ed to the Earl of Holland General of his Majeſties Army, by two ſeveral
Letters from the Speakers of both Houſes
, reſpettively, and withal a Copy
of the ſame fent unto him. We underſtand by, a Letter from the Lord Ge-
neral, that none of the Horſe are yet disbanded, nor intended to be dis-
banded' until the 24th of this Month, and that it is propounded, that ſome
of
1
1
1
from the Scotch Rebellion to the King's Murther. 455
of the Foot Shail then be disbanded, before the reſt of the Horſe, now both Auguſt,
the Houſes of Parliament, expecting that this Order ſhould have been per-1.164 .
formed accordingly, do hereby exprelly Order, that the Lord General, allo
further Delays and Excuſes ſet apart, ſiallforthwith disband all the Horſe
Troops of the Army before any of the Foot, and commanded them, and all
the Officers of the ſaid Horſe Troops to depart from the Army, which they
do hereby declare to be a Matter of great Importance, to the good of the
Common-Wealth, and therefore they do expect a quick and ready Obedience
thereunto, as well by the Lord General, as by all other Commanders, Of-
ficers and Soldiers of the Army, whereof they expect a ſtrict and Speedy
Account. After which Mr. Pym and Sir John Culpeper were Ordered to
draw a Letter to be ſent to the Lord General, and Mr. Ruſhworth Clerk,
Alſiſtant of the Houſe of Commons to ride Poſt with it, and the Houſe will
take it into conſideration, to requite him for bis Pains and Charges.
This Day Sir William Briughurſt
, Mr. Wilſon, Mr. Broadgate, Mr. Friday,
Slany, Mr. Gardner and Mr. Inego Fones were Ordered to be Bailed, and Auguſt 20.
1ocoo l. for the Principals, and 5000 l. for each of the Sureties.
The Ordinance of the Lords and Commons, for the Commiſſioners The firſt Ordi-
for Scotland, was read in the Commons Houſe in theſe Words.
1
Diverſe Per-
fons Bailed.
nance of the
Lords and
and Commons
about Com-
inillioners to
T
1
He Lords and Commons in this preſent Parliament Aſſembled,
do hereby Order and Appoint, William Earl of Bedford, Edd go to Scotland:
' ward Lord Howard, two of the Peers of the Lords Houſe,
' Nathanel Fiennes Eſquire, Sir William Armyn Baronet, Sir Philip Sta-
pleton Knight and John Hambden Eſquire, Members of the Houſe of
Commons, to be Committees for both Houſes of Parliament, to at
tend the Kings Majeſty during his Abſence in the Kingdom of Scotland,
' and do hereby Authorize them, or any three or more of them, from
time to time, to preſent to his Moſt Excellent Majeſty the humble de-
ſires, Counſel and Advice of his Majeſties moſt Loyal Subjects, 'the
· Lords and Commons in Parliament, according to ſuch Inſtructions,
and Directions, as are liereunto annexed, or shall at any time here-
after be ſent unto them, by the Order and Conſent of both Hou-
ſes.
C
The Commiſſioners Inſtructions.
loſtructions
for the Com-
miſſioners for
Y
I.
ou ſhall humlly deſire his Majeſty, That the Treaty agreed upon, Scotland.
between the Commiſſioners of England and Scotland, confirmed
and ratified in this preſent Parliament, may likewiſe be confirmed
and ratified in the Parliament in Scotland.
II.
Tou ſhall preſent to his Majeſty the juſt Demands of any of his Loyal
Subjests of England, concerning a due Satisfaction to be made of all Debts,
due to them for Moxy, Arms or Proviſions, taken up by the Scottiſh
Army.
1
III.
If you ſhall underſtand that the Army of Scotland is not returned back,
or the Army of England not disbanded, according to the Articles of the Trea-
ty,
H
!
t
4
1
.:
456 An Impartial Collection of all the memorable Events
Auguſt, ty, and Order of Parliament you ſhall be very inſtant and earneſt in Peti.
1 641.
tioning his Majeſty that all Obſtacles and Impediments taken away,
Kingdom may be freed from that great Charge, and thoje Miſcheifs, under
this mighthave
which it groans by reaſon of thoſe Armies.
the
IV.
been done
with half thic
Charges, if the
E. Strafford's
Advice had
been taken.
You ſhall by all fit ways of Petition and Interceſſion to his Majeſty, further
and preſerve the peace and good Correſpondency, betwixt the two kingdoms
of England and Scotland.
V.
You ſhall from time to time Certifie borl Hlouses of Parliament, of
Such Accidents and Occurrerces as may concern the good of the King-
dom.
1
ſwer to the
Commons a.
Which Ordinance and Inſtructions were agreed to, by the Lords at a
Conference this Day.
The great Obſtacle to the disbanding the Army, though it filled the
Mony Ordered
disbanding
Heads of the Party with Fears and Jealouſies, which from them was
the Army. diffuſed through the whole Nation, was perfe&tly the want of Money,
and not ſuch Deſigns'of dangerous Conſequence, as were pretended to
amuſe the People, this they well knew, and therefore Ordered thir-
ty thouſand Pound to be ſent down to Pay and Disband the Army.
The Qs. An-
A Meſſage was brought from her Majeſty to the Houſe, Thať her
Majeſty returns her Thanks for the Reſpects of this Houſe, but She
bout the Com- bath lately ſent to His Majesty, and hath nothing at this time to
write.
rying any Mel-
ſage to thic
This Morning the Lord Privy Seal Reported, That the Lords Commit-
King
tees meet Yeſterday, to ſee if they could Mediate and Compoſe the
the L. Major Differences between the Lord' Mayor of London, and the Commonalty,
and Commo- touching the Election of one Sheriff, but they could have no ſucceſs in
don, about the it, and ſo left it to the Conſideration of this Houſe. Hereupon the
choice of one Lord Viſcount Say and Seal, and the Lord Biſhop of Lincoln, were ap-
pointed to withdraw, and conſider of an Order for ſetling the Electi-
on of the Sheriff pro hac vice, with a Salvo on both Parts, which Order
is to be entred in the Books of the Chamber of London, the Order was
in theſe Words.
miſſioners car-
Order about
Sheriff.
1
IM
N the Cauſe depending between the Commons and Citizens, and the
Lord Major of the City of London, about the Nominating and Ele-
eting of one of the Sheriffs of the ſaid City for this Tear enſueing, their
Lordſhips taking it into their conſideration, that the Election ſhould have
been diſpatcked upon Mid-Summer day lasi paſt, and finding that upon 0.
miſſion of performing the Election, as upon that Day, Devolutions have en-
ſued pro tali vicé, to the Commonalty of London, do Order that for this
time the said Commcnalty ſhall forthwith proceed to the Nomination and
Election of both their Sheriffs for the Tear following, hoping that for the
firſt of the two Sheriffs, they will make choice of that Party that was No.
minated by the Lord Major, and their Lordſhips do further declare, That
this Order ſhall be no way prejudicial to any Right and Prerogative claim-
ed by the Lords the Majors of the City of London for the time being,
nor yet to any Right or Claim made by the Commons or Citizens in this mat-
ter now in Queſtion amongſt them.
It
4
Н
:
1
I 6 4 1.
1.
The Commif-
Scotland to
1
the Con-
::
a Recuſant.
1
ter.
?
1
1
from the Scotch Rebellion to the King's Murther. 457
It was alſo Ordered, That thoſe Lords that are to go into Scotland, Aug:iuft,
with core of the Members of the Houſe of Commons. Mall go to the Lord
General in their Paſage, to deſire that the Order of both Houſes may
bella
put into ſpeedy Execution, for the disbanding of the Horſe, and they are fioners for
to give an Account of the Lord Generals Anſwer.
Upon ſignification this day made unto the Lords Houſe that an In- quicken the
dictment and Conviction in London, againſt the Lady Margaret Wot. Order to itop
ton for Recuſancy, is returned into the Treaſurers and Remembrancers proceedings
Office of the Court of Exchequer and the Pipe, contrary to former vixion of the
Orders of this Houſe in that behalf, and againft the Priviledges of the Lady worton
ſame. It is Ordered, That no further Proceedings shall from henceforth
be had in the ſaid Treaſurers, Remembrancers, or Pipe Offices, against the
Said Lady upon the ſaid Conviction, nor any Proceſs Mall be thence made,
or iſſue thereupon, until this Houſe ſhall give further Order in this Mat-
Upon a former Information to the Commons by one Sewer, that he Saturday,
had ſeen a great quantity of Arms in the Marquiſs of Wincheſter's Auguſt 21.
Houſe, the Commons deſired a Conference with the Lords about it, Reculanes
.
which Conference was thus Reported by Mr. Pym.
That the Earl of Warwick ſaid, That whereas this Houſe had pro-
pounded the Diſarming of Recuſants, their Lordſhips agreed with
them in the matter, but deſired a free Conference concerning the man-
ner ; but it was remembred by another. Lord, that the manner was
likewiſe propounded, which was to ſend down Commiſſioners into all
Counties to ſee it done, upon which the Lords deſired of this Houſe to
conſider what men to ſend down, and they did fully agree to the
manner.
This Day the Lord Keeper ſignified to the Houſe, That His Majesty A Meſſage
bath Commanded Mr. Nicholas the Clerk of the Council ta let their Lord-about Soldiers
fhips know, That His Majeſty is ſo far now engaged to the Spaniſh Am- for the Spaniſh
baſador for four Regiments of Iriſh, That His Majesty cannot go
back
now; and that it was aſſured His Majeſty before he went from London,
that both Houſes were content, only it wanted the formality of Voting;
whereupon His Majesty gave an abſolute Order for the Levying and Tranſ-
porting of thoſe Men; and reiterated His Majeſties promiſes to the
Ambalador ; wherefore His Majeſty would have the Houſes acquainted
herewith, that thoſe Levies may not be stopt. Which was afterwards
at a Conference communicated to the Houſe of Commons.
Monday,
A Letter from the Lord General the Earl of Holland was this Day August 23.
Read, informing the Lords, That he had not been wanting in diligence the bed of Hol-
to fulfil their Orders and Commands in Disbanding the Army, and that land and Sir
it was an affliction to him that the beſt Service he was able to perform, william udal
was not better accepted by their Lordſhips ; That he had done all that lay | banding
.
in his Power, and that as ſoon as the Accounts for Billetting could be sta-
ted, they should be diſcharged ; but till Money came to them, they could
not do it.
This was ſeconded by a Letter from Sir William vdal, informing,
That they can proceed no further in the Disbanding till there be a Supply
of Money
, and that he hath not above 200 l. in his hands.
Whereupon It was Ordered, That the Gentlemen that ſerve for the Tueſday,
City of London ſhall endeavour to Borrow 40000 I. of the City upon the
Auguſt 24.
Credit of the Two laſt Bills of 4 Subſidies and the Póll-Bill,without which
the Army cannot be Disbanded.
Vol. II.
The
1
Ambafador.
.
+
..
Nnn
F
1
1
1
1
1
SIR,
3
.
..
1
or to the Hands of any of
458 An Impartial Collection of all the memorable Events
Auguſt, The Speaker of the Houſe of Commons was likewiſe Ordered to
I 641.
Write a Letter in the Name of the Houſe to thoſe Sheriffs who were
thought deficient in gathering the Poll-Money, to quicken them, in the
Collecting and ſending of it to the Army. The Copy of which Letter
was thus;
The Speakers Thibeat. Necesity of preſent Money, no private perſon, much leſs any
HE Houſe of
Sheriffs about Publique Officers, would have been ſo flow in contributing their Aſistance
the Poll Mouy. to the getting in of the Poll-Money; but by the not coming in of this, from
the flow and ſlender coming of it from others, together with more particu-
l.ar Informations, this Houſe is forced to believe that both Payers, Alef-
Vors, Collectors, and Returners, are in fault concerning it.
I am therefore Commanded to let you know from the Houſe, That as you
tender your Own, or the Publique Good, you make all poſſible
' hast in re-
turning ſuch Money as you have ready; and that you will make known to
i he Commiſſioners, That, if we be not by them prevented, the Houſe in-
tends to make a review of the Aleſments, to the End, that wherein the
Aleßors through partiality ſhall be found either to have left any un-
charged, whom the Act chargeth, or to have charged any lower than they
are charged by ihe Act, thaſe that ſhall be found faulty, may incur both
the ill Opinion and ſevere Puniſhment of Parliament as Contemners of the
greateſt Authority
; in a time of greatest Neceſity; and by that contempt
being Cauſes of the Armies leſs Speedy Disbanding, to the Danger as well
as the unſupportable and unneceſsary Expence of the Kingdom.
An Order was likewiſe drawn up and preſented to the Lords at a
Conference, by. Mr. Pym, with the Reaſons of it, the Neceſſity of pre-
ſent Money, for the ſeveral Counties therein mentioned to pay in their
Poll-Money at Tork. See the Order it ſelf. .
Auguſt 24. 1641.
An Order of the Lords and Commons in Parliament, concerning the more
The Order of
both Houſes Speedy Tranſportation of the Poll-Mony to York, for
. Disbanding of
for paying in His Majeſties Army.'
tlic Poll-Mony
at York to
Expedite tlic W Hereas it is Enacted, that the Sheriffs of the Counties and Cities here-
after named, ſhall amongſt others, pay ſuch Summs of money, as they
Aug.24. 1641. ſhall receive for Poll-money, to the Treaſurer in the Act named, in the Cham-
berlains Office within the City of London.
Now foraſmuch as their long delay and ſlow payment is very burthenſom
and dangerous to the Kingdom, becauſe the Kings Army in the North, by this
means remains un-disbanded, to the inſupportable Charge of the Common-
wcalth
For the more ſpeedy relief of the Kingdom, the Lords and Commons in this
Parliament allembled, do hereby order and ordain, that the ſeveral Sheriffs of
Worceſter, Cambridge, Huntington, Leiceſter, Northampton, Rutland, Warwick,
and of the Cities that are Counties within thoſe Countries, and every of them
reſpectively, ſhall Forthwith on notice of this Order, ſend ſuch Mónies now.
in their hands, or ſhall coine to his Hand, or any of their Hands reſpectively,
their Under-Sheriffs or Deputies reſpectively, under a ſufficient Guard and
Convoy to the City of Tork, to pay the ſame to Sir William Vdall Knight,
Treaſurei
.
.
13
1
IÓ 41.
1
ܟ
from the Scotch Rebellion to the King's Murther. 459
Treaſurer of His Majeſties Army, now there reliding, takeing his acquittance Auguſt,
for the fame : which acquittance the ſaid ſeveral Sheriffs reſpectively ihall
ſend to the Chamber of London ; and that the ſaid Treaſurer in the Act nanied,
ſhall accept of the ſame, as if ſo much Money were paid in ſpecie, and ſhall de-
liver an Acquittance or Acquittances for the fame, which ſhall be as ſufficient
a diſcharge to the ſaid ſeveral Sheriffs, as if the Mony had been paid there.
And the ſaid Treaſurer of the Army, is hereby required, that he ſhall as
ſpeedily as he may, after the receipt of any ſuch Summs from any of the She-
riffs afore-inentioned, ſend up to the ſaid Treaſurer of the Chamber of London,
preſent and diſtinct Certificates of the ſame.
It is further Ordered, that the ſeveral Sheriffs of the Counties through
which theſe Moneys do país, ſhall provide a ſufficient Convoy to Guard the
ſame through the ſeveral Counties : and that the Sheriffs under whoſe charge
the Money is, ſhall have allowance for Tranſportation thereof in their ſeveral
Accounts.
Laſtly, it is ordered that a ſtrict account be taken of the proceedings of the
ſeveral Sheriffs ; as alſo, the Treaſurer of His Majeſties Army, and of the
Treaſurer appointed by the Act, and of their obedience and conformity to
this Order: and ifany ſhall failtherein, it ſhall be Interpreted as a great neglect
of the fáfety of the Kingdom, and contempt of both Houſes of Parliament
for which they ſhall be called to anſwer, and make ſatisfaction as well for their
offence, as for ſuch damage as the Common-wealth hath undergone by their
default.
1
1
3
ih
not be
pro-
There came Letters alſo this day, That the Scotch Army,were marched Wedneſday,
away,
and that his Majeſty had prevailed with the Parliament of Scot- Auguſt 25.
land, that their Ordnance and Ammunition ſhould be left at Newcaſtle,
to be conveyed to London or ſome other Magazine.
There was this day a Debate in the Commons Houſe about Disband-
ing the Officers of theArmy who are about the Town,and after that con-
cerning the Pay due to Commiſſary Wilmot, Coll.Aſhburnham, Mr. Percy,
&c. Upon which it was Reſolved," That their Pay ſhould for the preſent
be ſtopped. Whereupon Mr. Selden ſtood up and ſpoke in mitigation of
their faults, Conceiving them, as he ſaid, not only acquitted, but pardoned
by the Act of Pacification, which was an Act of Pardon. But to this it was
anſwered, That, that Act coricerned only the Differences between the Two
Kingdoms, and not the Offences of particular perſons ; for that if it did,
the Archbiſhop of Canterbury, and other Delinquents, could not
ceeded against.
This day the Lord Mayor of London having Petitioned the Houſe of Lord Major of
Lords; and attending there he was called in, and the Recorder deſired London Peti-
to be heard in the behalf of the Lord Mayor and Aldermen, touching tions the
the Order made lately by this Houſe concerning the Election of one of
the Sheriffs of London, which he ſaid concerned very much the Govern-
ment of that City, and likewiſe to acquaint their Lordſhips with ſome
of the things which will enſue as inconveniencies to the City there-
upon.
Upon this the Major and Recorder and others were commanded to
withdraw, and this Houſe taking the ſame into conſideration, Reſolved
to hear them in any thing which concerns the good Government of the City,
or any.grievances which are likely to grow upon the City by other Occaſions,
but not to hear them to ſpeak any thing to arraign the Orders of this
The Petition of the Mayor, &c. was read, among other Complaints
ſets forth, That they doubt the Commons of the ſaid City will throw off
Vol. II.
the
Houſe.
Nnn 2
1
460 An Impartial Colle&tion of all the memorable Events
ما
Auguft, the Government of the Common-Council, which tends much to the Peace
1641. and Wellfare of the City.
Then the Lord Mayor, Aldermen and Recorder were called in again,
and the Lord Keeper told them, That their Petition hath been read, and
that their Lordſhips conceive their order to be very juſt, and no ways
prejudicial to either ſide, it being with a ſaving of both Rights, therefore
will hear nothing to arraign it.
As for the Government of the City, the Lords are very careful of it,
and Command the Lord Mayor, &c. to be ſo likewiſé : And for the Com-
mon-Council their Lordſhips do let them know, That they are reſolved to
maintain it, as tending much to the well and quiet Government of the City;
and when the particular matters of Difference between them and the com-
mons ſhall appear, this Houſe will do what they can to ſettle the diffe-
rences between them.
Thus did every thing run ſwiftly down the Torrent, againſt not only
the Monarchy, but even the Image of it; the Popular humor, and incli-
nation to Popular Government being grown Predominant, and the Epi-
demical Diſeaſe both in the Church and State.
i
The Confc-
rence about
the State of
the Navy,
T:
T
He Lord Biſhop of Lincoln Reported the Conference about the
ſtate of the Navy, That the Houſe of Commons have taken into
their Confideration the Preſent State of the King's Navy, and they find
Aug.26. 1641. that many Ships are laidby, and twelve no uſe is to be made of them:alſo they
find that the Arrears of the Officers of the Navy are very great, and the
Proviſions of the Magazines decayed,That for the Guarding of the Narrow
Seas this Tear, the Houſe of Commons ſet forth Ten of the King's Navy,
and Ten Merchants Ships, the Charge whereof will amount to 59000 l, to-
wards the Payment whereof, there is only advanced 12000 l. out of the
Money granted to the King for Tonnage and Poundage ; And conſidering,
that the Sea-men when they come home will Expect their pay, and are to
remain in their Pay, until they receive their Wages, which will grow to
an Exceſsive Charge, unleſs Some Courſe be taken for providing of the ſaid
57000 l.
Por defraying of which Sum, and for diſcharging of other Charges of the
Nayy, the Houſe of Commons are of Opinion, and defire this Houſe to joyn
with them in it, that the Commiſſioners of the Treaſury do iſsue out War-
rants to the Farmers of the Cuſtom-Houſe, to pay 15000 l. a Month to
the Treaſurers of his Majesties Navy out of the Money received for Ton-
nage and Poundage, towards the raiſing the aforeſaid Sums; the time to
begin from the Firſt day of Auguſt 1641, to the Firſt day of December
next, and that ſome Member of this Houſe be joyned with Two of the
Houſe of Commons to ſee this done in the time of the Receſs.
And further, the Houſe of Commons defires that the Lord General may
receive Directions to give order to the Governor of Barwick to ſhip the
Ordnance and Ammunition there, in ſuch Ships as ſhall be appointed to
bring them to the Tower of London; and the like Warrant to be given to
the Governor of Carliſle, to bring the Ordnance and Ammunition from
Carliſle to Newcaſtle, to be shipped for the Tower ; which ships are to
te Wafted by one of his Majeſties Ships.
Hereupon it was Ordered, That this Houſe.doth joyn with the Houſe
of Commons herein.
A
?
+
:
from the Scotch Rebellion to the King's Murther. 461
Auguſt,
A Letter was alſo this day Read; which was drawn up by the 16 4 i.
Select Committees of both Houſes to be ſent to the Lord General in
theſe Terms.
1
I
!
+
May it pleaſe your Excellency:
Preſented your Letters of the ž zd. of Auguſt to the Houſe of Peers, The Letrét to
by which they underſtand what progreſs your Excellency hath made in the Lord Ge-
Diſbanding the Army, wherein your diligence hath prevented the time the g Counties
propounded in your former Letter ; and I am commanded to declare, that paying Pa!l-
in their apprehenſion, your Excellency hath hereby fully and clearly expref- to finiſh
the
ed your care of the Públick Good and Safety of the Kingdom, and your Disbandinga
reſpect to the Houſe, which works in them much contentments and yields
a great return of Honor to your ſelf : as nothing can be dearer to the Par-
liament than the Publick Good, so your Excellency can in no way more ad-
vance your ſelf in their Eſtmmiation, then by joyning with them in that af-
fection.
The Reaſon which moved them to deſire the Horſe might be firſt Dif-
banded, was of very ſpecial Importance, and ſtill inclineth them to conti-
nue the ſame expectation for thoſe who are yet undisbanded: but for the
time paſt, they reſt ſatisfied in the anſwer and proceedings of your Excel-
lency, aſuring themſelves, That though there was ſome difference in the
way, yet you fully agreed with them in the end, which is to eaſe tbe Com-
mon-wealth and ſettle the publick Peare with as much expedition as may
be, for the more ſpeedy effecting whereof there is already 23000l. on the
way,and Order given for 27000l.more to be ſent with all ſpeed;and a Courſe
taken by the Houſe of Commons to quicken the payments of the Poll Money
in the Nine Shires adjoyning to York; and both Houſes of Parliament
have by an expreſs Ordinance commanded the Sheriffs of eight other
Counties, to bring all their Money immediately to York; whereby the
Houſe conceiveth
and hopeth your Excellency will be ſupplied with Treaſure
fufficient to Disband the remainder of the Army at the time preſcribed or
ſooner if it may be ; and that by your prudent and
faithful effecting thereof,
the heavy burthen of Care and Pains which lies upon you in the diſcharge
of this great Truſt will be removed, and ſhall end in the thanks and ollia
gations of this Houſe and of the whole Kingdom, producing to your Excel
lency ſuch an Increaſe of Honor and happineſs as ſhall be ſuitable to your
own Merit and the deſires of,
Tour Excellency's humble Servant,
Edward Littleton Cuſtos Sigilli
.
To ſtir
up the City
to lend more money, the Commons fell upon the
Debate of the Caſe of London-Derry, and thereupon,
Mr. Whiſtler Reports from the Committee appointed to examin that
matter, the Caſe of London-Derry, upon which it was,
(1) Reſolved upon the Queſtion. That it is the Opinion of this Houſe that the Ci- Votes about
tizens of London were ſollicited and preſſed to the under taking of the Plaritati-London-Derry
on of London-Derry.
in Ireland.
(2) Reſolved, &c. That the Copy atteſted with Mr. Soams his Hand, is a
true Copy of the Sentence in the Star-Chamber given againſt the Mayor and
Commonalty of the City of London, and the Society of the Governor and Af-
ſiſtants
i
1
.
:
.
462 An Impartial Collection of all the memorable Events
.
A
к
Governor of the new Plantation, lave fellcd any Trees in the Woods called
ſiſtants of London, of the new Plantation of vifter in the Kingdom of
Ireland.
(3) Reſolved, &-c. That the Order made in the Court of Star-Chamber, Da-
ted 8. May 8 Car. •is unlawful both for the Matter, Perſons, and time therein
prefixed,
(4) Reſolved, &c. That the King was not deceived in the Grant which he
made unto the Society of Governors and Aſiſtants of London of the new Plan-
tation of Ulſter in the Kingdom of Ireland ; in particular, not in creating a
new Corporation called the Society of the Governor and Aſſiſtants of London,
of the new Plantation of Ulſter in the Kingdom of Ireland.
(5) Roſolved, óc. That in creating the new Corporation of the Society of
the Governor ác. The King did not by that Patent grant more Lands then
was by him intended to be granted, nor was therein deceived.
(6) Reſolved &c. That it doth not appear by ſufficient Proof that the Citi-
zens of London were tyed to perform the Printed Articles, and conſequently not
bound to plant with Engliſh and Scots, nor reſtrained from planting with Na-
tives.
(7) Reſolved, &c. That though by the 27 Article, the City was to build 200
Houſes in Derry, and 100 Houſes at Colerain by the firſt Day of November 1611,
admitting the Houſes were not Built, nor the Caſtle of Culmore repaired by
the time prefixed, yet this is no. Crime, nor cauſe for giving Damages, in re-
gard the City had not their Patent until the 29th of March 1613.
(8) Reſolved, &c. Tliat there is no proof that the Governor and Alliftants
of London, of the new Plantations or any of the twelve Companies, did make
any Leaſe unto any Popiſh Recuſant, nor of any decay of Religion there by
default of the Planters.
(9) Reſolved, &c. That there is no proof of any default in the Planters, for
not making of a fufficient number of Free-holders, nor any Article that doth
tye them thereunto.
(10) Reſolved, c. That there is no.proof that the City of London or their
Glancanking and Killitrough contrary to their Covenant.
(11) Reſolved, &c. That the not conveying of Glebe-Lands to the ſeveral
Incumbents of the ſeveral Paridh Churches, in regard they did not enjoy the
Lands, is no Crime puniſhable; nor cauſe of Seizure of their Lands.
(12) Reſolved; C. That the breach of Covenant (if any ſuch were) is
no ſufficient cauſe to forfeit Lands.
(13) Reſolved, &c. That the breach of Covenant is no Crime, but Try-
able in the ordinary Courts of Juſtice.
(14) Refolved; c. That the Court of Star-Chamber whilſt it ſtood as a
Court, had not any, power to examin or determin breach of Covenant or
Truſt.
(15) Reſolved, &c. That the Court of Star-Chamber while it ſtood a Court,
had no power to examin Free-hold Inheritance.
(10) Reſolved, &c. That the Sentence upon theſe two Corporations aggre-
gate, no particular Perſon being Guilty is againſt Law.
(17) Reſolved, &c. That in all the proof of this cauſe, there doth not ap-
pear matter ſufficient to convince the City of London of any Crime.
(18) Reſolved, &c. That upon the whole matter, this Sentence in the Star-
Chamber was unlawful and unjuſt.
(19) Refolved, &c. That this compoſition and agreement made with the
City upon theſe Terms, in this time of extremity, ought not to bind the
City.
(20) Reſolved, ác. That this Houſe is of Opinion, that when the King ſhall
be pleaſed to repay thoſe Monies which he hath received upon this compolition,
and ſuch Rents as he hath received by colour of this Sentence, that then His
Majeſty ſhall be reſtored to the fame State he was in, and the Patent thereupon
gotten ſhall be cancelled or ſurrendred.
(21.) Reſolved, ớc. That the Citizens of London, and all thoſe againſt whom
the Judgment is given in the Scire farias, fhall be diſcharged of that Judg-
7
-13
inent.
>
+
(22) Reſolved,
.
mark
1
from the Scotch Rebellion to the King's Murtber. 463
(22) Reſolved, &c. That the Opinion of this Houſe is, That they think fit,
that both the Citizens of London, and thoſe of the new Plantation, and all
under Tennants, and all thoſe put out of poſſeſſion by the Sequeſtration, or
Kings Conimillioners, ſhall be reſtored to the faine State they were in before
the Sentence in the Star-Chamber.
Auguſt,
I 641.
The Plague which had for ſome time viſited the City of London, be- The Plague in
gan now to ſpread and increaſe, upon which there was a Petition from London.
the Magiſtrates, Miniſters and People of the City of London, for a Day for a Falt
.
City Petition
to be ſet apart for Solemn Humiliation and Faſting, to implore the Di-
vine Majeſty, to avert the impending Judgment of the Peſtilence from
the City and Nation.
This day it was moved, That there ſhould be ſome publick Notice given Friday,
of the Day appointed for publick Thankſgiving, for the Pacification, being Auguſt 27.
the ſeventh of September, and a Declaration for this purpoſe being fram-
ed and read, was carried up to the Lords for their Concurrence, which
they readily gave, the Order was as follows.
.
Pacification
Aug. 27 1641.
An Ordinance of Parliament for a Day of Publick Thanſgiving, for the
Peace, Concluded between England and Scotland.
WH
Hereas it hath pleaſed Almighty God to give a happy cloſe TheOrdinance
to the Treaty of Peace, between the two Nations of Eng for the Thanks-
"land and Scotland, by his wiſe Providence defeating the evil hopes giving for the
“ of the ſubtil Adverſaries of both Kingdoms; For which great Mercy
" it was by the Kings Moſt Excellent Majeſty, the Lords and Commons
" in this preſent Parliament Enacted, That there ſhould be a publick
" Thankſgiving in all the Pariſh Churches of his Majeſties Dominions;
“ It is now ordained and declared by the Lords and Commons in
Parliament, that the time for the Celebration of that Publick Thanks
to Almighty God, for ſo great and publick a Bleſſing, ſhall be on
«s Tueſday the ſeventh of September next, by Prayers, Reading, and
Preaching of the Word in all Churches and Chappels of this Realm,
“ whereof. We require a Careful and due Obſervance : That we may
"joyn in giving Thanks, as we partake of the Bleſſing, with Our
“ Brethren in Scotland, who have deſigned the ſame Day for that
C
5
of Duty.
Die Veneris 27. die
Auguſti 1641.
Ordered by the Lords in Parliament that the
abovefaid Ordinance be Printed.
:
God ſave the KING.
There was alſo a Conference with the Lords about the adjournment Conference a-
or Receſs of the Parliament for ſome time, the Lords liked the time of bout the Re-
the Adjournment, which was to be the ninth of September, but deſired Parliament.
the Adjournment might be till the firſt of November; but the Commons
who had before voted in their Houſe, that it ſhould continue only till
the 20th of O&tober, were reſolute, as indeed generally they were,
yield little to the Lords, not to depart from their former Vote, and
thérefore returning from the Conference, upon the Debate it was
A
to
Reſolved
ch
Who
1
1
UM
*
T!
O!
1
401
C
A Petition of
.
Lords Chief
1
464 An Impartial Collection of all the memorable Events
Auguſt, Reſolved upon the Queſtion, That this Houſe ſhall inhſt upon the for-
1 641.
mer Day of Return, to be the 20 of O&tober. And the Reaſons which
were preſented to the Lords were,
(1) The Nature of the Cauſes, which are depending in both Houſes,
Some whereof being for High Treaſons, and the Impeachment of the fudges,
the Inception of which Buſineſſes, they deſire may be before the next Term.
(2) The time of Payments of Monies promiſed to the City of York,
falls out to be before the firſt of November, therefore they deſire their
Lordſhips, would joyn with them to have the Receſs only till the 20th of
October next.
To which the Lords condeſcended, provided there fall out no emer-
gent Occaſion, between this and Wedneſday come ſeven Night.
Ordered, That the Lords be kept together until the Receſs.
A Petition having been preſented to the Lords by Sir George Radcliff,
Sir George Rado complaining that he being ſeized in Fee of fome Lands in Ireland, is difpof-
Letter to the lesed of the same in reſpect of the Impeachment of Treaſon against him
here, by means whereof he hath not received any thing, out of his Eſtate in
Juſtices in Ire-
land upon it,
Ireland, for about ſix Months laſt, and ſo had wanted Bread, if he had not
Aug.27.1641. been ſupplied by the Charity of ſome friends
. He therefore humbly prays,
that he may bé restored to his ſaid Eſtate, and be Enabled by Order of
this Houſe, to demand his Rents there due unto him, whereby be
тау
be
able to ſuſtain himſelf and his Family from want.
Hereupon the Lord Privy Seal, the Lord Biſhop of Lincoln, and the
Lord Wharton,' were Ordered to draw up a Letter, to be ſent to the two
Chief Juſtices in Ireland, to deſire them to prevent by what Legal way
they can, the Eſtate of the ſaid Sir George Radcliff from Ruine, whereby
he
may
have Maintenance to ſuſtain him.. The Tenor of which was this.
Fter my very heartieſt commendatioxs, &c. unto your Lordſhips,
I am to give your Lordſhips to underſtand, from the Right Hono-
rable the Peers Aſſembled'in Parliament, That their Lordſhips'hav-
ing taken the Petition of Sir George Radcliff into their Mature Confide-
ratian, a Copy whereof your Lordſhips Mall receive kerewith incloſed, they
do not as yet apprehend any Reaſon, why the Petitioners Eſtate upon an Im-
peachment only ſhould be ſo ſequeſtred, and the Lands and Leaſes.fo entred
ilpon and invaded, as that he ſhould have no Means left him for his
Maintenance , and other Neceſſaries during the time of his Impriſonment.
But becauſe your Lordſhips, to whom his Most Excellent Majeſty hath
committed the Fuſtice and Government of the Kingdom, may know more of
theſe Particulars, by reaſon of your being upon the place where theſe Debts,
Goods and Eſtates have had their Exiſtence, My good Lords, the Peers of
this Houſe, do recommend the Care of this Buſineſs unto your Lordſhips,
to aid the Petitioners Agents in this kind, by all the Ways of Juſtice and E.
quity, to recover ſuch Debts, Rents, and other Profits, as by Law and Juſtice
remain due to Sir George Radcliff, for his Maintenance and Neceſſary Uſes,
until ſome further Actor Acts of Law and Juſtice Shall otherwiſe direct and
diſpoſe of the ſaid Premiſes. And ſo I bid your Lordſhips heartily Farewell
.
To the Right Honorable, my very Your loving Friend,
good Lords Sir W. Parfous, aod Sir
E. Littleton, C. S.
7. Borlaſe, his Majeſties High Juſti-
ces for the Kingdom of Ireland,
The
1
A
1
T
4.
1
i
1
from the Scotch Rebellion to the King's Murther. 465
The Requeſt of the Spaniſh and French Ambaſſadors to have Liberty | August,
to entertain tuch of the disbanded Troops, both in England and Ireland, 164 r.
as they can agree with, was this day Debated in the Houſe of Com-
mons, upon which Occaſion Sir Benjamin Rudyard made this following
Speech.
+
1
Mr. Speaker,
THis is a buſineſs of great Conſequence, and therefore requires a well advi- Sir Benjamin
ſed Reſolution. I will put France and Spain together, take them both Rudyard's
before me, becauſe the Reaſons will ſerve the one and the other, as they ſuffering the
ſtand in Relation to us.
Spaniards or
We are, Mr Speaker, ſo bounded by the nature of our Sitaation, as we are French to have
the disbanded
not ſo proper to extend our felves upon the firm Land of our Neighbours ; Our
Soldiers, Ang
Aptitude is rather to Ballance ; which being rightly uſed, may make the King 28. 1641.
the great Arbiter of all the Affairs of Chriſtendom, by allifting, withholding,
or oppoſing
Henry the Eighth is an example of this ; He was ſometimes of the ſide of thie King Henry
Emperor, other times of the French Party, according as he ſaw either ſides of gave upon this
the Scales to weigh heavier or higher; ſome might think this to be inconſtancy Morro, Cui,ad-
in him, but it was certainly out of a true and peculiar underſtanding his hæreopreest.
power.
The preſent State of Chriſtendom is apparent, That the Houſe of Auſtria
begins to diminiſh, as in Spain, fo conſequently in Germany. That the French
do Twell and enlarge themſelves : if they grow and hold, they will be to us but
Spain nearer hand.
Alliances do ſerve well to make up a preſent Breach, or mutually to ſtrength-
en thoſe States, who have the ſame ends, but politick Bodies have no Natural
affections, they are guided by particular intereſt, and beyond that are not to be
truſted.
Although it may be good Policy to breed a Militia at the charge of other
States abroad for our own uſe and occaſions at home, yet that ought rather to be
done amongſt Friends of the ſame way, and ſo the Low-Countries have been
an Academy to us.
His Majeſty hath now an Ambaſſador Treating with the Emperor about the Pa-
latinate. If we ſend away our Men, it will. ſo damp and diſcountenance the af-
fairs of the Prince Elector, as the World will believe, we never had, nor ever
ſhall have any intentions to aſſiſt him at all.
I have obſerved or divers years, That England is not ſo well Peopled, but
we do want Work-folks to bring in Harveſt our Disbanded Soldiers will
leaſt diſlike that kind of Work, and if they be ſpeedily Diſolved, that em-
ployment will entertain them for the preſent, and inure them to labour for
hereafter.
Llpon theſe conſiderations, Mr. Speaker, I cannot give my advice to add more
ſtrength to France, by weakning both ourſelves and our Friends.
As for ſending the Iriſh into Spain, truly Sir, I have been long of Opinion,
that it was never fit to ſuffer the friſly to be promiſcuouſly made Soldiers abroad,
becauſe it niay make them abler to trouble the State when they come Home.
Their intelligence and practice with the Princes whom they ſhall ſerve, may
prove dangerous to that Kingdom ;, They may more profitably be employed
upon Husbandiy, whereof that Kingdom hath great need.
Belides, it will be exceeding prejudicial to us, and to our Religion, if the
Spaniard ſhould prevail againſt the Portuguez.
It were better for us he ſhould be broken into leſler Pieces, his Power ſhi-
vered.
If the King of Portugal had deſired theſe Iriſ, I ſhould rather have given my
Vote for him, then for the King of Spain, becauſe it will keep the Ballance
more even; Spain hath had too much of our Aſiſtance and Corinivence hereto-
fore; I am ſure it loft us the Palatinate.. Now that it is come to our turn to
adviſe, I hope we ſhall not do over other mens faults again,
VOL. II.
Ooo
If
3
1
.
+
1
466 An Impartial Collection of all the memorable Events
.
1
Conference a
bout Soldicrs
for Forreign this Ėffect.
Auguſt,
If the preſent Government of Ireland be not able to reſtrain their diſorde-
1 641.
red People, there is a Noble Lord already deſigned to that Charge, whó by
his knowledge in Martial Affairs, and other his great Abilities, will be no doubt,
abundantly capable to reduce them to a due obedience.
Wherefore, Mr. Speaker, upon the whole matter, My Opinion is, that we
ſhould not be forward to ſpend our Men, but rather to preſerve and husband
them for our own uſe and employments, for our Friends, for our Religion.
Whether the Cloſe of this Speech did not caſt an Ominous Aſpect
upon the ſucceeding Actions of this Parliament, what ever the Speaker
meant, let the Reader judge. However, there is no doubt but this Pro-
hibiting the Iriſh Army to paſs into the Service of the King of Spain, had
a moſt direful Influence upon all the following Miſeries which befell
theſe Kingdoms.
After which the Houſe came to theſe Votes:
Reſolved upon the Queſtion, That this Houſe holds it not fit nor gives
Aſſent, that there ſhould be any levies of Men, in Ireland, for the ſervice of
the King of Spain.
Reſolved, &c. That this Houſe thinks it not fit nor gives Allent, that
there ſhould be any levies of Men in any of his Majeſties Dominions for the
French King's Service.
Upon this a Conference was defired with the Lords which was to
this Ėffect. That the Spaniſh Ambaſſador formerly did move the King,
Ambaſſadors that he might have leave to Levy and Tranſport four Regiments of Soldi-
ers in Ireland, for the Service of the King of Spain ; his Majeſty was plea-
ſed to declare that he would do nothing herein, without the Advice of
both Houſes of Parliament ; and fince they underſtand his Majeſty hath
been informed that the Parliament did Aſent to the Levying and Tran-
Sporting of the ſaid Soldiers; to the end that it may appear that the Houſe
of Commons are far from giving their Aflent therein, they have reſolved
and declared that they hold it not fit, nor give Alent that there be
any
Levies of Men in Ireland for the Service of the King of Spain, and hold it
fit that there be a ſuddain ſtop made of the Ships, contracted for, by the
Spaniſh Ambaſſador, for the Tranſporting of the Soldiers out of freland;
And further, they hold it not fit nor give Alent, that there should be any
Levies of Men for the French King's Service, within any of his Majeſties
Dominions, for that they know not what uſe this Kingdom may have of
Men.
Upon which the Lords having debated the Matter, paſſed the fame
Votes with the Commons, and farther Ordered Sir John Pennington
ſhould ſtay all the Ships in the Downes, which were hired by the Spa-
niſh Ambaſſador to tranſport theſe Men, as alſo to ſtop ſuch Ships as
were riding in the River of Thames, 'till the further pleaſure of the
Houſe be known.
An Order was alſo ſent to the Lord Newport Conſtable of the Tower,
to tender the Proteſtation to all ſuch Perſons, as he takes into the Tow-
er for the Guard and Defence of it, and if any of them refuſe, not to
admit them to be of the Guard.
A further Order was this Day pafs’d both Houſes, concerning the
Monday,
Thankſgiving for the Pacification, the Scots it ſeems being not content
Angyeft 30: after having invaded England in a Hoſtile manner, put the Nation to
above a Million of Mony, through the Intereſ they had in the Presby-
terian Faction, to purchaſe a Peace, even upon their own Conditions,
unleſs they might be publickly declared Loyal and Faithful Subjects, to
ſuch
+
1
1
.
1
F
-
1
from the Scotch Rebellion to the King's Murther. 467
ſuch hard Terms did the Obſtinate Faction drive his Majeſty, even Auguſti
while they made him all the Proteſtations of Humility, Duty, Loyal 16 4.1.
ty and Allegiance, which certainly to a great Monarch, who by Proclava
mation had juſtly ſtiled them Rebels, and had lead an Army againſt
them, was a ſevere Requeſt, not to call it an Impoſition; and which
none but Presbyterians, or their Off-Spring would have attempted: but
ſuch was the Fury and Violence of the Current, that there was no
ſtopping or ſtemming of it, and his Majeſty found himſelf under ſuch
hard Circumſtances and Difficulties, that he was even compelled to
yield to this moſt extravagant Requeſt. See here the Order. :
Hereas according to the A&t of this preſent Parliament for Confir- An order to
mation of the Treaty of Pacification, between the Kingdoms of declare the
England and Scotland, it was deſired by the Commiſſioners of Scotland, Scots who in
that the Loyalty and Faithfulneſs of his Majeſties Subjects might be made land, faithful
known at the time of the Publick Thankſgiving in all Places, and particu- and Loyal
larly in all Pariſh Churches of his Majeſties Dominions : which Request subjects in all
was graciouly condeſcended unto by his Majeſty, and confirmed by the afore- Chappels up-
ſaid Act. It is now Ordered and commanded by both Houſes of Parlia on the Thanks-
giving Day.
ment, that the ſame be effeétually done in all Pariſh Churches through.
out this Kingdom upor Tueſday the 7th day of September next coming, at
the time of Publick Thankſgiving, by the ſeveral and reſpective Miniſters
each Pariſh Church, or by their Curates, who are hereby required to read
this preſent Order in the Church.
W
1
1
11
!!
+
upon the
Thus did they reſolve not only to conquer, but to triumph, and this,
was alſo to be a little kind of Shibboleth for the Clergy, for who ever
did either ſpeak any thing againſt the Scots, or declined this Declara-
tion of their Loyalty and Fidelity to the King; which it was very 'dif-
ficult for Men of ſenſe to believe, and therefore more hard for
Men of Conſcience to declare, were certain to be eſteemed Malignants,
and upon the leaſt Complaint were ſure to be ſent for in the Cuſtody, as
Delinquents.
It was alſo Ordered, That Mr. Marſhal and Dr. Burgeſs be deſired to
Preach before the Houſe of Commons, upon the Thanks-Giving Day, at St. Burgers to
Marſhal and
Margarets Church in Weſtminſter.
preach before
A Petition was preſented to the Houſe by ſeveral Merchants about the Commons
the Town, conſiſting principally of three Heads.
Thanksgiving
(1) That there might be a certain number of Ships, uell appointed and Day:
Stored with Ammunition and Proviſion, for ſuch a Service to be ſent to A. Come Mer-
merica, and ſome Part to, Affrica,'whereby we might polless our Selves with chants to ſeize
the Riches of thoſe Countries.
(2) That the Spaniſh Party is now grown weak, which may induce us
with greater alacrity to attempi it.
(3) That we may thereby become, poleſed of the Command of both the
Northan d South Seas, which will both increaſe Commerce, Shipping, Sea-
Men and Trade at Home, and render us Formidable and Powerful A-
The Lord Keeper ſignified to the Houſe, that he had received a Let-
ter from the King at Edenburgh, by Mr. Anthony Nichols, who was the
Expreſs ſent from both Houſes, to His Majeſty in Scotland. The Letter
was read in hæc verba,
A Petition of
ſome parts of
America:
1
broad.
.
+
1
VOL. II.
O O O X
Right
!
-
1
K
*
.
.
uc
Letter to the
468 An Impartial Collection of all the memorable Events
Auguſt, Ight Irušty and well Beloved, We greet jou well. Whereas We have
I 641.
underſtood by the Petition of both Houſes of Our Parliament in
England, (which Anthony Nichols Eſquire hath been imployed to us from
The King's
them) that they are reſolved to ſend down, certain of their Members for to
L. Keeper 2. See the Ratification of the Treaty of Pacification, by the Parliament here,
bout the come and to that end, have deſired a Commiſſion under Our Great Seal, We do
not hold neceſary to ſign any ſuch Commiſſion, but are hereby graciouſly
pleaſed to give leave to the ſaid Members, to come and attend Us kere in
Scotland, to ſee the Ratification of the ſaid Treaty, and what elſe belongs
thereunto, and this We require you to ſignifie unto both Houſes from Us.
to the
Committees
of both
Houſes,
Given under Our Signet, at Our Court of Edenburgh, and the 25th
Day of Auguſt in the 17 Year of Our Reign.
1
Such was the Ungovernable Inſolence of the Rabble of thoſe, who
called themſelves the Well-Affected Party, by their having been indul.
ged, becauſe not ſeverely Puniſhed in the Caſe of the Earl of Straf-
ford, that upon every Occaſion, like a Fire ill quenched, they broke our
into Diſorder and Outrages, which was the Occaſion of this following
Order of the Lords.
<
An Order of
the Lords a.
bout the Tu-
mults, con-
cerning the
French Am.
U
C
30. 1641.
C
.
Pon Information this Day to this Houſe, that the French Am-
baſſador and his Servants, hath been låtely Aſſaulted in his own
Houte, by a Company of Rude and Inſolent People, unto the great
Dishonor of Our Nation, and to his Lordſhips inſufferable Wrong,
baſfador, Aug. Injury and Dishonor, whereof this Houſe is very ſenſible, and do in-
tend that all poſſible Diligence be uſed, for the finding out of the Ma-
lefactors for the Puniſhment of them, to the Example and Terror of
others, that none may preſume hereafter to commit the like Outra-
ges to any Ambaſſadors, of whom this Houſe will always take regard,
It is therefore thought fit and Ordered by this Houſe, That Mr. Hooka
er, Mr. Ling, Mr. Whittacre and Mr. Shepbeard his Majeſties Juſtices
of the Peace, or any two or more of them, thall ſpeedily take this
* Buſineſs into their Examination, and by all Dilligence that may
be
uſed, find out the ſaid Malefactors, and to Impriſon them, until they
find out Sureties for their good Beliavior, and to appear in this Houſe
on Monday the 6th of September 1641. to undergo ſuch Puniſhment,
as their Lordſhips ſhall think fit to inflict upon them, for their ſaid
Offences, and Misdemeanors ſo committed as aforeſaid. And that
the faid Juſtices of the Peace, having throughly examined the Buſi-
neſs, ſhall make Certificate unto this Houſe, on the ſaid ſixth day of
September next of all the wholeMatter,and how they find it,that there-
by their Lordſhips may proceed therein according to thít which ſhall be
'Juft
. And laſtly, That the aforeſaid Juſtices, Thall give Order, That
there ſhall be Watch ſet according to Law, for the better ſecuring
the Safety of the Ambaſſador, and his Houſe, and for preventing Dis-
orderly and Tumultuous Aſſemblies.
Ordered, That the Lord Great Chamberlain, Lord Chamberlain, Earl
Warwick, Lord Kymbolton, do acquaint the French Ambaſſador from this
Houſe, that their Lordſhips have taken this Buſineſs into Conſideration.
The Houſe of Commons alſo took the Caſe of Sir John Corbet into
debate, whe for ſaying at a Quarter Seſſions in the County of Salop,
That
1.1
1
ܝܙ-I'
.
1
ly
Murther. 469
+
from the Scotch Rebellion to the King's Murther.
That the Muſter Maſters Wages throughout England were illegal, and againſt Auguſt,
the Petition of Rigbt, &c. had been Impriſoned and Fined by the High' 1641.
Commiſſion Court, and it was Ordered, That the late Lord Keeper
Coventry, the Archbiſhop of Canterbury and others, ulo ivere the Occalan
ons of it, ſhall make him Reparations for his Sufferings and Damages, and
a Conference was deſired with the Lords upon it, where the Managers of the
Commons delivered to their Lordſhips, á Tranſmiſſion of an Impeachment,
concerning the Caue of Sir John Corbet a Member of the Houſe of Com-
mons, againſt the Earl of Bridgwater, the Lord Privy Seal, the Archbi.
shop of Canterbury, the Lord Cottington, the Lord Newburgh, and the
tido Secretaries of State, in which the Houſe of Commons deſire that the
ſeveral Perfis whom it concerns, may be called to anſwer, and that their
Lordſhips would proceed therein according to Juſtice, and that Sir Jolin
Corbet may have Reparation for his Impriſonment, &c. .
Next the Biſhop of Linclon reported, that at the ſame Conference
Mr. Nichols that was ſent into Scotland, to his Majeſty from both Hou-
ſes reported, That he had delivered the Petition and the Draught of
the Commiſſion to his Majeſty, but his Majeſty thought not fit to ſign it for
theſe Reaſons, which he commanded him to ſignify to the Parliament.
(1) That his Majeſty conceives the Treaty of Pacification, between the
The King's
two Kingdoms, is already ratified by the Parliament of Scotland.
för not ſign-
(2) If this Commiſſion ſhould be granted, it would beget new Mat- ing the com-
(3) It would be a means to keep his Majeſty longer there then he in- by Mr. Nie
4) That the Scots Army is over the Tweed, and that the Lord
General hath almost Disbanded all Our Army, and hath begun with the
Houſe.
A Letter from the Lord General was read declaring, That he will pur-
ſue the Orders of Parliament in disbanding the Army; but be underſtands Contents of a
that the Scots will keep sooo Men undisbanded, until our Army be all dis- the Lord Ge-
banded, and our Fortifications at Barwick and Carliſle ſlighted; and that neral.
to this purpoſe, he had received Directions from his Majeſty to demo-
liſh the fortifications, and remove the Ordnance and Munition from
thence,
Reaſons
ter.
miſſion rent
into Scotland
tended to ſtay.
chols from
boch Houſes.
f
The Confe-
rence about
The Biſhop of Lincoln Reported the Conference with the Commons
concerning Diſarming Recuſants, to this Effect;
Hat the Houſe of Commons had taken into confideration the Store of
Arms in this Kingdom, and they find, that there are many Arms in
the hands of Popiſh Recuſants; for diſarming of whom, the Houſe of
Commons have frequently recommended to this Houſe the difarming difarming, Re-
of them according to the Stat. of 3 Jac, but they have found, that the good cuſants. Aug.
came not by this Statute as was intended, for upon Indictments for Recuſancy, 30. 1641.
there were Certioraris's granted.
Therefore the Houſe of Commons have taken theſe things into conſideration
again, and the rather, becauſe of the Kings abſence at this time in Scotland
and that the time of the Receſs draws nigh; and conſidering the late Trou-
bles of this Kingdom, whch are not yet ſettled, the Houſe of Commons
have conſidered of an Ordnance of Parliament and ſome Inſtructions to be given
unto ſuch Commiſſioners as they have named, to fee to the diſarming of Popiſh
Recuſants according to the Statute of 3 Jacobi
; which Ordinance and Inſtruction
they preſent to their Lordſhips, deſiring them to joyn with them herein.
Theri
konar
.
1
.
-
PL
A
.
490 An Impartial Collection of all the memorable Events
M
1
Recufants.
!!
1
Auguſt,
Then the aforeſaid Ordinance and Inſtructions were read in här
verba.
I 641.
TheOrdinance An Ordinance made and agreed by the Lords and Commons în Parliament
of Parliament
'for Diſarming
for the ſpeedy diſarming of Popiſh Recuſants and other dangerous Der-
Sons.
WHereas, for the preventing
and avoiding of dangers that might grow by
Popiſh Recuſants, Provilion hath been heretofore made by Act of Par-
liament, for the diſarming of all Popiſh Recuſants convicted, within this Realm;
which fáid Law hath not taken ſo good effect as was intended, by Reaſon ſuch
Recuſants, and Perſons Popiſhly affected, have by ſubtle practices and indirect
means kept themſelves from being convicted, or being outwardly conformable,
have cauſed or ſuffered their Children, Grand-children and Servants to be bred
up and maintained up in the Popiſh Religion, and have otherways hindred the
due Execution of the ſaid Law, to the great danger and grievance of the Com-
nion-wealth : And for that it is too manifeſt, that the ſaid Popiſh Recuſants have
always had, and ſtill have and do practiſe moſt dangerous and pernicious de-
ſigns againſt the Church and State ; and by the Laws of this Realm, in times of
imminent danger; or of any forcible Attempts, Deſigns or Practiſes againſt
the Peace and Safety thereof, all Armor, Weapons, and other Proviſions, that
may tend or be imployed to the effecting of ſuch miſchievous Deſigns, ought
timely to be removed and taken away, and all fit means uſed for the ſecuring of
the Peace and ſafety of the Realm.
And for the preventing of ſuch further miſchiefs as may happen by any Out-
rage or Violence to be offered; It is therefore Ordained and Provided by the
Lords and Commons in this preſent Parliament Aſſembled, That all ſuch Arms,
Gun-powder and Munition of what kind foever, as any Popiſh Recủſant con-
victed, orany Perſon or other which is or ſhall be Indicted for ſuch Recuſancy,
and ſuch Indictments, either are or ſhall be removed by Certiorari ; or being not
removed, ſhall not by Appearance and Traverſe or otherwiſe be Legally dis-
charged before this Ordinance be put in execution, or which ſhall not have re-
paired to Church more then once in every Month, or ſhall not have received
the Holy Communion according to the Rites of the Church of England, within
one whole year, next before the making hereof, and which ſhall refuſe to take
the Oaths of Supremacy or Allegiance upon Lawful Tender thereof made, or
Whoſe Children, or Grand-children, or any of them being at his or her diſpoſe,
or living in the Houſe with them, is or ſhall be bred up in the Popiſh Religion,
or liave not repaired to Church within one year next before the making of this
Ordinance, according to the Laws and Statutes of this Realm, or whole Houſ-
hold Servants, or any two or more of them is or ſhall be of the Popiſh Religion,
hath or ſhall have in his and their Houſe or Houſes or elſewhere, or in the hands
and poſſeſſion of any other, to his or their uſe, or at his or their diſpoſition,
other then ſuch neceſſary Weapons as ſhall be thought fit by the Perſons Au-
thorized to take and Seize the faid Munition, to remain and be allowed Arms &
for thedefence of the Perſon or Houſe of ſuch Recuſant or Perſon aforeſaid, ſhall
forthwith be taken from every ſuch Popiſh Recuſant or Perſon as aforeſaid, and
from all others which ſhall have the ſame to the uſe of any ſuch Popiſh Recu-
fant or Perſon, by ſuch Perſon and Perſons as are and ſhall be by this Ordi-
nance appointed and authorized in that behalf for every Shire, County, and
Riding within this Realm and Dominion of Wales; that is to ſay,
For the County of Bedford, Sir Oliver Luke, Sir Beuchamp St. John, Sir Roger
Burgoigne Knight.
For the County of Lancaſter, John Moor, Alexander Rigby Eſquire, Mem-
bers of the Houſe of Commons, and the two Knights that serve for that
County.
For Cheſhire , Sir William Brereton Baronet, Peter Vennebles, Eſquire
.
For the City of Cheſter, Francis Gamull Eſquire, the Major for the time
being.
For the County of Stafford, Sir Edward Littleton and Sir Richard Leviſon.
1
1
/
I
For
..
1
.
1
from the Scotch Rebellion to the King's Murther. 471
I 6 4 I.
1
2
+
For the County of Derby, Sir John Curfon, William Alleſtre Eſquire. Auguſt,
For the County of Nottingham, Sir Thomas Hultchinſon, Robert Sutton Ef-
quire.
For the Town and County of Nortingham, Sir Thomas Huchinſon, Robert
Sutton Eſquire, and the Major for the time being.
For the County of Lincoln, Thomas Hatcher, Thomas Grantham and John
Broxholm, Eſquires.
For the City and County of the City of Lincoln, the Major for the time being,
and Thomas Granthem Eſquire.
For the Weſt Riding of the County of York. Ferdinando Lord Fairfax,Sir Ed-
ward Roads, Sir William Strickland, Henry Cholmley Eſquire.
For the Eaſt Riding, Sir Marmaduke Langdale, John Allured Eſquire.
For the North Riding, Thomas Hebblethwait Eſquire, Sir Henry Anderſon,
Sir Henry Slingsby, John Waſtell Eſquire.
For the City and County of the City of York, the Lord Major for the time
being, Sir Thomas Widdrington, and Sir William Allifon.
For the County of Suflex, Sir Thomas Pellham, Mr. Shelley, Mr. William
Hay:
For the Ports in Suffex, William Hay, Herbert Morley Eſquire.
For the County of Bucks, Sir William Andrews Baronet, Sir Alexander Den-
tom Knight, Sir Folm Parſons.
For the County of Berks, Sir George Stonehouſe, Sir John Bacchus , Roger
Knight Eſquire.
For the County of Cornwal, Sir Richard Carey Baronet, Alexander Carey
Eſquire, Sir Richard Butler Knight.
For the County of Cumberland, Richard Barwick Eſquire, William Pennington
of Seaton Eſquire.
For the County of Cambridge, Sir Dudley North, Sir John Cutts, Thomas
Chichely, Thomas Wendy and Thomas Symonds, Eſquires.
For the County of Devon, Sir Samuel Rolle, Sir Fohn Bramfield Baronet.
For the City of Exceter the Major for the time being.
For the County of Dorſet, Sir Walter Erle, Sir Thomas Trenchard Knights.
For the County of Effex, Sir Harbottle Grimſton, Sir Richard Everard, Sir
Thomas Bendiſin
, Sir Robert Kemp.
For the County of Glouceſter, Henry Bret Eſquire, Sir Robert Cook, Edward
Stevens, Thomas Hodges, Eſquires.
For the City and County of the City of Glouceſter, the Major for the time
-being and the two Ancient Aldermen.
For the County of Huntingdon, Sir Sydney Mountague, Anflow Winch Eſquire,
Tirel Josſeline Eſquire, Henry Crommel Eſquire.
For the County of Hertford, Edward Cheſter, Edward Wingate,Eſquires, John
Butler.
For the County of Hereford, Walter Kerle Eſquire, Sir William Crofts Knight,
John Scudamore of Kenchurch, James Kirle, Edward Broughton, Eſquires.
For the County of Kent, Mr. Edward Boyes, Sir Thomas Walſingham, Sir Edo
ward Partridge Knights, Richard Lee Eſquire.
For the City and County of the City of Canterbury, Sir Edward Maſters
Knight, and for the Ports in Kent and their Members, Sir Edward Boys
Knight
For the County of Leiceſter, Sir Arthur Hallerigg, Thomas Lord Grey.
For the County of Middleſex, Sir John Danvers, Sir William Roberts, Sir
Henry Roe, Sir Gilbert Gerrard, Sir John Franklyn.
For the City of Weſtminſter, Sir Robert Pye, William Wheeler, John Glyn El-
quires.
For the City of London, the Lord Major, Thomas Soame, Iſaak Pennington,
Aldermen, Samuel Vaſſal and Captain John Ven, Merchants, Members of the
Houſe of Commons.
For the County of Northampton, Edward Montagne Eſquire, Sir John Drya
den, Sir Chriſtopher Yelverton, Zauch Tate Eſquire.
For the County of Narfolk, Sir John Ports, Sir Thomas Woodhouſe, Sir Ed-
mond Moundeford.
For
2
1
472
An Impartial Collection of all the memorable Events
Auguft,
I 6 4 1
For the City and County of Norwich, the Major for the time being.
For the County of Northumberland, Sir John Fennicke, Henry Ogle, Thonas
Middleton,William Shafto of Babington, Efquires. Town of New-Caſtle,the Major
for the time being,Mr. Ledyard.
For.the Town of Barwick, Sir Robert Jackſon, Mr. John Sleigh Gent. William
Fenwick Gent.
For the County of Oxon. James Fynes, Sir William Cobb, Sir Thomas Penniſton
and John Doyley Eſquire.
For the County of Rutland, Sir Guy Palmes, Sir Edward Harrington, Robert
Horſeman Eſquire.
For the County of Surrey, Sir John Evelyn, Sir Ambroſe Brown Baronet.
For the County of Salop, Sir Richard Newport, Mr. Richard Moore, Charles
Baldwin Eſquire.
For the County of Southampton, Richard Whitehead Eſquire, Sir William
Lemis. Town of Southampton, Major for the time being.
For the County of Suffolk, Sir Roger North, Sir Robert Crane, Robert Reynolds,
Eſquire, Sir William Platers, William Cage Eſquire.
For the County of Somerſet, Sir John Horner, Sir John Pamlet, Knights, John
Pyne Eſquire. City of Briſtol, the Major for the time being, John Gunning, John
Tomlinſon.
For the County of Weſtmorland, Sir Philip Muſgrave Knight and Baronet, Sir
Henry Bellinghan, Gawin Braithwait Eſquire.
For the County of Wilts, Sir Nevil Poole, Anthony Hungerford, Eſquire.
For the County of Worceſter, Humphrey Solloway Eſquire, Edward Dingley,
Edward Pitt, Thomas Rouſe Éſquire. City of Worceſter, the Major for the time
being.
For the County of Warwick, Sir Richard Skeffington, William Combes Eſquire,
John Halès, Richard Shugborough, Eſquires. For the City and County of Coven-
try, the Major for the time being, Alderman Million, John Barr Eſquire.
For the City of Litchfield, the Bailiffs for the time being.
For the County of Angleſey, Thomas Buckley, Owen Wood, Eſquires.
For the County of Pembroke, Henry Williams, Thomas Gwyn, William Mor-
gan, Eſquires.
For the County. of Carnarvan, Thomas Glyn of Nantley, William Thomas,
Omen Wynn, Thomas Madrin; Eſquires
.
For the County of Denbigh , Thomas Middleton, John Loyd, William Wyn
Eſquire.
For the County of Flynt, Thomas Moſtyn, Humphry Dymock, John Eaton,
John Salisbury, Eſquires.
For the County of Glamorgan, William Herbert, Sir Thomas Lyne, Miles Butt-
on, Eſquires.
For the County of Merioneth,. William Salisbuiry Eſquire, Sir James Price
Knight.
For the County of Pembrook, Sir Richard Philips Baronet, Sir Hugh Owen
Knight and Baronet.
For the County of Montgomery, Arthur Price Eſquire, Richard Griffith, Ed-
rd Vaughan, Eſquires.
For the County of Radnor, Thomas Lewis, Robert Williams, Richard Jones, Ef-
quires.
For the County Palatine of Durham, Sir Lionel Madidſon, Sir Alexander Hall,
George Lilburn, Clement Fulthorp.
For the County of Cardigan, Walter Loyd, James Lewis, Eſquires
For the County of Carmarthen, Richard Earl of Carberry, Francis Loyd Ef-
quire.
For the County of Monmouth, Sir William Morgan, Thomas Morgan, William
Herbert of Colebrook, William Baker of Abergany, Sir Robert Cooke, Sir Charles
Williams, James Kirke, Eſquires.
Which ſaid Perſons ſo appointed and nominated, or any one or more of
them, together with the Juſtices of the Peace of every Shire, County or Ric
ding reſpectively, or any one or more of them, or the Major, Bailiffs Juſtices of
the
1
1
:
.
1
..
115
1
1
1
1
c
from the Scotch Rebellion to the King's Murther.
473
the Peace, Jurats or other Head Officers within any City or Town Corporatë, Auguft,
or other Priviledged places or any one or more of them refpectively ſhall have
16.11:
Power, and are hereby authorized and required to do and perform all and eve-
ry ſuch thing and things as ſhall be neceſary to the due execution of this pre-
ſent Ordinance, according to the Inſtructions herewith annexed, which faid
Inſtructions are hereby Ordered and Commanded to be duly obſerved and ex-
ecuted by alland every perſon and Perſons, whom it ſhall or may appertain,
as they will anſwer the contrary at their Perils, This Ordinance to continue
no longer then till the end of this preſent Sellion of Parliament.
u
1
.
11
Inſtru£tions appointed by Ordinance of Parliament to the Perſons thereby Inftru&tions to
Authorized for the Diſarming of Popiſh Recufants, and other dange- the Comiſfio-
rous Perſons.
arming Popiſh
for Dir-
Recuſants and
others.
I.
!
.
:
Shel
Uch Members of the Houſe of Commons and other perſons as in and by
the faid Ordinance are particularly named and appointed, or any one or
more of them, and the Juſtices of the Peace of each feveral County, Shire or
Riding within England or Wales and alſo theMajors, Bailiffs, Juſtices of the
Peace,
Jurats or other Head Officers of or within any Town Corporate or Friviledged
place reſpectively, or any one or more of them, together with ſome or one of
the Perſons nominated in the ſaid Ordinance, are to ſee the ſame forthwith put
in Executiori, and ſhall have power to call the High Sheriff of every County and
his Miniſters, all Conſtables and Tithing men, and other Officers or any of
them, when and as oft as they ſhall think fit, to be aiding and aſſiſting to them
from time to time within their ſeveral Limits, and Jurisdictions, in the due
performance of this Service, and to do and execute all and every ſuch thing or
things as ſhall be requiſite and neceſſary in that behalf; and the ſaid Members
of the ſaid Houſe of Commons are reſpectively required to ſee the ſaid Ordi-
nance forthwith put in execution.
II.
The faid Perſons Authorized are to inform themſelves by all convenient
means and ways of all ſuch Arms, Gun-powder, and Munition of what kind ſo-
ever, as any Popiſh Recuſants convict or other Perſons whatſoever, either of
the Nobility or others, which is or ſhall be Indicted for Popiſh Recufants, and
ſuch Indictments either removed by Certiorari or being not removed ſhall not
by appearance and Traverſe, or otherwiſe be Legally diſcharged, or which
ſhall not have repaired to Church more then once in every month, or ſhall not
have received the Holy Communion according to the Rites of the Church of
England within one whole year next before the making of the ſaid Ordinance,
or which ſnall refuſe to take the Oaths of Supremacy or Allegiance upon law-
ful tender thereof made or whoſe Children or Grand-children or any of
them being at their diſpoſe, or in the Houſe with them, are bred up in the
Popiſh Religion, or have not repaired to Church within one whole year next
efore the making of the ſaid Ordinance according to the Laws and Statutes
of the Realm, or whoſe Houſhold Servants or any numbers of them, are of the
Popiſh Religion, hath or have in his or her Houſe or Houſes or elſewhere, or
in the Hands and Pofeſion of any other to his or her uſe, or at his or her dif-
poſition, and are to ſearch all ſuch places where any ſuch Arms, Gun-powder
or Munition of any ſuch Popiſh Recufant or other perſon whoſe Arms by the
ſaid Ordinance is to be taken away, is placed or depoſited, or ſuppoſed to be
placed or depoſited.
III.
They are to take and Seize all ſuch Arms, Gunpowder and Munition as afore-
aid, in whoſe hands or Cuſtody, or in what place the ſame ſhall be, other then
ſuch Weapons as ſhall be by the ſaid Perſons fo Authorized, thought fit to
remain and be allowed to the ſaid Recuſants or other Popiſh Perſons as afore-
Рpp
ſaid,
2
1
1
4
!
1
474. An Impartial Collection of all the memcrable Events
Auguſt, ſaid, for the defence of his or her Perſon or Houſes, and ſhall cauſe the faine
to be placed in ſome City or Town Corporate, or other convenient Town of
I 6 4 I.
the fame County, and there ſafely kept at the coſts and charges of the owners
thereof,and theArmorer to be admitted to dreſs and amend the fame ſo oft as need
ſhall require.
1
í
1
I V.
And if any ſuch Popiſh Recuſants or other Perſons as aforeſaid, prany other
Perſon or Perſons, which have or hath, or ſhall have any ſuch Arms, Gun-pow-
der or Munition in his or their hands or Poſſeſſion to the uſe of ſuch Recufant or
other Perſon as aforeſaid, or by his, her, or their appointment, ſhall conceal
the faid Arms, Gunpowder and Munition or any part thereof, or ſhall refuſe to
diſcover the ſame to the ſaid Perſons fo Authorized, or otherwiſe wilfully op-
poſe, hinder or diſobey the ſaid Perſons Authorized, or any of them in the
execution of the ſaid Ordinance that then every ſuch Popiſh Recuſant,and other
Perſon ſo offending ſhall be held a contemptuous Perſon,and be liable to ſuch fur-
ther puniſhment as by the Parliament upon certificaté thereof made ſhall be
thought fit, and the Perſons Authorized are to certify their names accordingly:
They are alſo to makeCertificates to the Parliament of all ſuch Arms, Gunpowder
and Ammunition, as they ſhall take or ſeize by force and vertue of the ſaid Or-
dinance, as alſo the Perſon and Perſons whoſe the ſame were, and from whom
they were ſo taken, and in what places the ſame are found or taken, and where,
and in what City, Town or Place, and in whoſe cuſtody the ſame ſhall be left or
depoſited, and what Order they ſhall take concerning the ſame, and ſhall like-
wiſe certify what Arms and Munition they ſhall leave to ſuch Recuſants or Per-
ſons as aforeſaid for the defence of his or her Perſon or Houſe.
1
1
V.
They are to inquire what Popiſh Recuſants have lately had any Arms or Mu-
nition taken away, by whom, and by what means, and where, and in whoſe hands
the ſame remain, and to take care that the ſame be ſafely placed and kept in
ſuch manner as aforeſaid, and to make Certificates thereof to the Parliament.
VI.
To take care that the ſaid Arms and Munition ſo to be Seized, and taken away
by force of the ſaid Ordinance may ſo be placed and diſpoſed of as there may
not be too great a quantity thereof at the fame time in one and the ſame City,
Town or Place, but that it may be diſtributed and placed in ſeveral Towns
and Places in ſuch manner and proportion as ſhall be moſt conveninet for the uſe
and ſafety of the Kingdom.
Tueſday,
After which it was Ordered, That this Houſe agrees and Concurs with
Auguſt 31.
the Houſe of Commons in the whole Ordinance and Inſtructions.
The foreſaid Ordinance and Inſtructions were appointed to be de-
livered privately to the Houſe of Commons to be Ingroſſed.
Exceptions ta A Meſſage was ſent by the Lords by Dr. Bennet, for a Conference,
ken by the
to let them know, the Lords deſired the Ordinance for difarming Recu-
ſants might be Ingroſſed, but the Houſe taking notice of it, that the
fending a Mel Meſſage came by a ſingle Perſon, the Commons took Exceptions at it,
Perſon only. and Mr. Hollis was ſent to ſignifie ſo much, and to let them know that
for this time they were willing to paſs it over, only defiring it might
not be drawn into Preſident hereafter, as alſo to deſire that the Ordi-
nance ſigned by the Speakers of both Houſes, might be printed and
publiſhed throughout the Kingdom, which was done accordingly.
And the Lords by another Meſſage fignified to the Commons, that
the Reaſon why they ſent but one Meſſenger was, becauſe they had to
more Aſſiſtants then preſent.
А
Commons for
the Lords
r
-!
*
.
Vote for Re-
1
Table,
*
from the Scotch Rebellion to the King´s Murther. 475
A Vote was alſo paſſed for removing the Communion Table. Septem
Reſolved upon the Queſtion, That this Houſe holds it fit, that 1 641.
the Church-Wardens of every Pariſh Church or Chappel do forthwith re-
move the Communion Table, from the Eaſt end of the Church, Chappel or moving the
Chancel; where they ſtand Altarwiſe, and place them in ſome convenient place communion
of the Church or Chancel, and to take away the Rails, and level the Clan-
cels as heretofore they were, before the late Innovations
.
Theſe higli Prečences againſt Innovations, Popery and Superſtition
were the Witchcrafts, with which they inſenſibly drew on the undi-
ſcerning People into the moſt deſperate and horrid Sin of Rebellion;
and amongſt the reſt of theſe frightful Crimes, with which they black-
ned the Archbiſhop and the Clergy, this horriblc Sin of Innovation
was one of the moſt terrible; when the truth is, this was ſo falſe and
far from being an Innovation, that whoever has travelled into the
Early Regions of Antiquity, will both find the Name and Thing of
Alter, very frequent among the Eccleſiaſtical Writers, and the Holy
Fathers of thoſe Ages, and that ever ſince Chriſtianity càme
from under the Rod of Perſecution, and that Temples were erected for
the Publick Worſhip of Almighty God, they were built after the ſame
Manner and Form with our Churches; and the Holy Table was placed
at the Eaſt end of them, and the indeavor of the Archbiſhop and Re-
gular Clergy to bring in this Piece of Uniformity into the Church of
England, was ſo far from being a Novelty or Innovation, that the
Deſign of it was to reduce them to this Primitive Cuſtom and Uſage
of the Primitive Chriſtians, fo Ancient and Primitive, that Nicephorus
and Socrates in the Eccleſiaſtical Hiſtory make mention of two Altars
placed in the Weſt end of two Churches, which was then accounted a
itrange Innovation, and directly contrary to the conſtant Cuſtom Wedneſday,
of the Church,
Septem. I
The Houſe being now ſhortly to be Adjourned for ſome time, by Rea-
ſon the Plague begun to encreaſe, ſeveral Perſons Petitioned the Com-
mons to be admitted to Bail, upon which
It was Ordered, That Alderman Abel, Mr. Kilvert, Thomas Powlet, Diverſe Per-
Charles Cotton, Edward Watkins, Lewis Kirk ſhall be Bailed, the Prina rons Bailed.
cipals at 1000l. and the Sureties each sool. Bail.
Ferris alſo who was in Cuſtody for Breach of Priviledg, for Arreſting
a Servant of one of the Members, and the Poſt-Maſter of Ware, who was
committed to the Serjeant at the complaint of Mr. Ruſhworth, about Posta
Horſes, were Ordered to be Bailed upon reaſonable Bail.
Religion.
The Houſe alſo fell upon the Church-work again, which was to be
Swept with their beeſom of Reformation, by aboliſhing Order, Decency
and Governmentas Superſtition and Innovation ; to this purpoſe it was
moved that they might conſider of what alterations and additions were
to be made in the Book of Common-Prayer; whereupon Sir John Cul-
peper ſtood
and moved, that the Book of Common-Prayer might be
ир
continued and remain without alteration or addition, and that it might
be obferved and uſed with all due Reverence throughout the Kingdom.
Upon which the Queſtion being put whether they ſhould proceed to
the farther conſideration of this matter, the Houſe was divided upon it
with the Yeas were 55, with the Noes 60, ſo it was for the preſent
always one great Artifice of the Party, That when there
was a thin Houſe and any thing was moved which they perceived they
- Vol. II.
ſhould
Debare abouc
laid by.
This was
PPP 20
$
1
W4
L
The Order a
bour thoſe
who aſſaulted
the French
Aniballadors
Houſe.
1
476 An impartial Collection of all the memorable Events
Septem. |ſhould not be able to Carry, to get it put off, till either the contrary
1641. Party being tired with long Sitting, were gone out of the Houſe, or
that they found their own Party ſtrong enough to carry the Vote.
And this the Reader ſhall find verified in a few days, and that they not
only proceeded to Vote, but Authoritatively to Enact this their
pre-
tended Abolition of Innovations, without the conſent of either the King or
Houſe of Lords.
The Houſe being very thin, many of the Members being gone into
the Country by reaſon of the ſpreading of the Contagion, It was Or-
dered, That left the Houſe ſhould fall for want of Forty of the Members
to be preſent at the Adjournment, that there ſhould at least Sixty meet
the next Week to agree about the Receſs, upon which the Houſe was Ad-
journed till Monday next.
Upon hiearing the matter concerning the affront put upon the French
Ambaſſador, It was this day Ordered by the Lords as follows.
Hereas it appears by the Certificate of the Juſtices of Peace and
by Proof of Witneſſes Viva voce this Day at the Barr, upon fall
Examination of the buſineſs, That Chriſtopher Cook, John Symons, Ri-
chard Clarke, John Bird, Gyles Philips and Roger Gardner, were prin-
cipal Actors in committing of the
great Outrage and Aſſault upon the French
Ambaſadors Houſe in Lincolns Inn Fields, as flinging of Stones and Al-
Saulting the ſaid Houſe, to the great moleſtation and diſhonor of the said
Ambaſſador which this Houſe is very tender of:It is Ordered, that the De-
linquents aforeſaid, ſhall forthwith ſtand commitied to New Bride-well,
there to remain, until their Maſters or ſome others ſhall be Sureties for
their Good Behaviour, and that they appear at the next Seſſions for Mid-
dleſex ; furthermore, that the aforeſaid Offenders ſhall
ſtand on Pilleries
on Wedneſday next in the morning for an hours Space before the ſaid Am-
baſſadors Houſe, without being Vailed, and ſhall publickly ask forgive-
neſs upon tleir Knees of the Ambaſador ; after which they ſhall be whip-
ped before the ſaid Ambaſadors Door, and along the fields and Streets
thereabout. And Laſtly, it is Ordered, that Mr. Long, Mr. Sheppard,
Mr. Whittaker and Mr. Hooker Juſtices of the Peace, together with the
Sheriff of Middleſex, who is to put this Order in Executiox, ſhall take
Special Care that there be a ſufficient Guard about the Ambaſadors Houſe
to prevent ſuch Tumults, that ſo the Peace may be kept during the time of
the Execution of this Order.
The Ambaſſador being acquainted with this Order, did by the
Lord Chamberlain return his humble Thanks to the Houſe for the fame,
but deſired, That the Execution of it might be ſpared; Whereupon it
Was Ordered, That the Whipping be ſpared, and that it be hgnified to the
Offenders that it is remitted at the requeſt of the ſaid Ambalador.And af-
terwards upon liis requeſt,the Sentence was wholly remitted, they asking
him Pardon upon their Knees, and they were releaſed from their Impri-
ſonment.
Monday,
The Billiop of Lincoln who had formerly been ſo great a Favourite of
Septem. 6.
the Commons, yet was a Biſhop ſtill, and therefore upon any little falſe
ſtep contrary to their Senſe,more liable than another perſon to fall un-
der their diſpleaſure; which happened to be upon this Occaſion: The
Commons, it ſeems, had a great mind to try the Extempore Talent of
Marſhal and Burgeß, being men of Renown in that way of treating God
Almiglity and tlieir Auditors with Prayers that were not tied to any Set
+
1
Form
M!
r!
it
with
FH!
from the Scotchi Rebellion to the King's Murtber. 477
Form, whereby the Spirit was ſtinted, and the Candle of mens Parts, Septemb.
put under a buſhel
, as the phraſe of the Times went.
1 641.
Now my Lord of Lincoln had, it ſeems, compiled a ſet Office, as had
been Uſual upon the like Occaſions, for the Service of the Day of
Thankſgiving; at this the Commons took great diſtaſt, and upon Mon-
day at their firſt meeting they fell upon this Debate, the Reſult of which
was, Thar this Houſe doth declare, That the Biſhop of Lincoln had no The Commons
Power to ſet forth any Prayer to be read at the Publick Thankſgiving, and offended wieli
that no Miniſter ought to be ingaged to read the ſaid Prayer; and there-Lincoln,for ma-
fore the Houſe is of Opinion, and doth fo Order, That the ſaid Prayer be king a form
not read in the Liberties of Weſtminſter or elſewhere; and that the the Thankſ
Prayer be taken into Confideration upon Wedneſday next, and that a con- giving Day.
ference be deſired with the Lords thereupon.
At a Conference with the Lords ſeveral Letters were read, one from Conference
,
the King
about four thouſand Iriſh for the King of Spain, a complaint about the Spa
being made to His Majeſty by the Spaniſh Ambaſſador of the ſtopping niſl, Ambaffa-,
of Ships, which he had contracted with for their Tranſportation. The dor's Trans
porting Sol-
Lord Newport acquainted the Commons, That a Corporal of his Troop dirs.
lately come out of the North, was ſpoken unto from the Spaniſh Am-
baſſador to conduct Horſemen to Plymouth, and to have about three
pound a man for it; and it was very highly refented, that the Spaniſh
Ambaſſador ſhould take upon him to levy Men here in England without
conſent of Parliament.
Whereupon it was Ordered, That there ſhall be a ſtop at all the Ports
in England, to prohibit all Tranſportation of Horſe or Foot out of tke
King's Dominions ; and that Sir John Culpeper ard Mr. Waller Mall
forthwith repair to the Spaniſh and French Ambafadors, to know by what
Authority they Treat with Officers concerning the Levies of any Men, Horſe
or Foot.
To this, upon their return, they gave the Houſe an account, That the
Spaniſh Ambaſſador anſwered Negatively, that he did not Treat with any
whatſoever, but that a Colonel had offered his Service, but till he had His
Majeſties conſent he refuſed to Treat with him': That by His Majeſties
promiſes he thought himſelf in Poleſſion of the Iriſh Soldiers, and if they
were taken from him, he thought they took from him that which was his
1
OIV11,
It was thereupon further Ordered, That no Merchants. Tranſport any
Soldiers out of any of His Majeſties Dominions, and no Ships to be cleared
till they have given Security that they will not.
It was twice this day put to the Vote, Whether Colonel Aſhburnham The ſame Quick
and Captain Pollard ſhould have their pay, and the Houſe was thereup- in the Houſe
on divided, with the Noes were 49, with the leas 41. But the Friends whether Col:
of theſe Gentlemen taking the opportunity of the abſence of ſome of Afyoburnhan
thoſe who had Voted againſt them, moved the thing a ſecond time, and ſhoulă have
upon the Debate of the Houſe they were again divided, with the Teas their pay.
with the Noes 23, ſo it was carried in the Affirmative.
It was alſo Ordered, That it ſhall be lawful for the Pariſhioners of any order abouč
Pariſh in the Kingdom of England, ar Dominion of Wales, to ſet up a Le- Le&urces:
Eture, and to maintain an Orthodox Miniſter at their own Charge, to Preach
every Lord's day where there is no Preaching, and to Preach one day in
every week, where there is no weekly Lekture.
Thus
-"
:
-4
IN
:
w
478 An Impartial Collection of all the memorable Events
Sepiemb. Thus did they ſet up a Spiritual Militia of theſe Lecturers, who were
1 641. to Muſter their Troops; and however it only appeared a Religious and
Pious Deſign, yet it muſt go for one of their piæ fraudes,Politick Arts, to
gain an Eſtimate of their Numbers, and the ſtrength of their Party.
Theſe Lecturers were neither Parſons, Vicars nor Curates, but like the
Order of the Friers Predicants among the Papiſts, who run about tickle-
ing the Peoples Ears with ſtories of Legends and Miracles, in the mean
timne picking their Pockets,which were the very Faculties of theſe Men ;
for they were all the Parliaments, or rather the Presbyterian Factions
Creatures, and were therefore ready in all places to Preach up their
Votes and Orders, to Extol their Actions, and applaud their Intentions;
theſe were the Men that debauched the People with Principles of dif-
loyalty, and taught them to Worſhip feroboam's Golden Calves, the
pre-
tended Liberty of the Subject, and the Glorious Reformation that was
coming; which the Common People adored, even the Imaginary Idea
of, like the wild Epheſians, as if it were a Government falling down from
Heaven, and as they uſed to Cant it, the Pattern in the Mount, the
New Jeruſalem, and Mount Zion. And in ſhort, the ſucceeding Tra-
gedies of Murder, Rapine, Sacriledge and Rebellion, were in a great mea-
ſure the diſmal Harveſt of theſe Seeds of Fears, Jealouſies, the Lawful-
neſs of reſiſting the King's Authority in aſliſtance of the Parliament;
their long Prayers and diſloyal Sermons, their Curſe ye Meroz's, and
exhorting to help the Lord againſt the Mighty, which with ſuch' dili-
gence they lowed, and with ſuch unwearied pains by preaching, as they
ſaid, in Seaſon, and moſt certainly out of Seaſon, they took care to Cul-
tivate and Improve ; and whoever will take the pains to obſerve ſhall
find in the thred of this Hiſtory, that theſe Hirelings were ſo far from
laying down their Lives, for the Sheep, that they preached many delu-
ded Souls out of their Lives, by a flagrant Rebellion ; and were ſo far
from advancing the Goſpel of Peace, that they founded the Trum-
pet for, War; and always their Pulpit Harangues to the People, were
the Repeated Ecchoes of the Votes, Orders, Remonſtrances and Decla-
rations of Weſtminſter.
Beſides this general Order for Lecturers, there was a particular Order
fent from the Houſe to the Curate of Farnham, the Seat of the Biſhop
of Winton, commanding him to admit of a Lecturer.
Wedneſday. The Cóntagion of the Peſtilence, which had infected the Cities of
Septemb.8. London and Weſtminſter increaſing, there were by the agreement of both
Houſes of Parliament certain Orders made to prevent the ſpreading of
the Infection, which were as follows.
(1.) That the Bill (Lord have mercy upon us ) with a large Red
the ſpreading Croſs be ſet upon the Door of every Houſe infected with the Plague.
on of the (2.) That all the ſtuff in the Houſe where any have been viſited with
Plaguc.
the Plague be well Ayred before they be diſcharged, or the Houſe opened.
( 3.) The Houſe viſited with the Plague to be fout up,
whether
any per-
sons therein do die or not, and the perſons so ſhut up to bear their own char-
ges, if they be of ability.
( 4.) No perſon to be removed out of any infečted Houſe, but by leave
of the Magiſtrate.
( 5.) If any perſon ſhall fly out of any Houſe infected with the Plague,
1
1
11
+
Orders for
of the Infe&i-
1
1
at
14
1
+
WY
from the Scotch Rebellion to the King's Murther :
479
at or before the death of any in the Houſe, ſuch perſons ſo flying to be púr: Septemb.
ſued by Hue and Cry, and the Houſe where they ſhall be found to be, Jhut 164 1.
24P, and they returned back to the place from whence they
fled.
(6.) That the Decree 40 Eliz. Imprinted, inter alia, for the relief of
the Poor, who are driven to live by Begging, or to be relieved by Alms,
and have been taken into new erečted Tenements, and divided Houſes, bé
taken into conſideration during the time of Infection, and the Landlords of
ſuch Tenements to be rated according to the ſaid Decree, with the Pariſhio
ners where ſuch Buildings and Diviſions are, as if they were dwelling in
the ſaid Pariſh; for that otherwiſe the ſaid Buildings will be an infup-
portable charge to the Pariſh, and the poor people turned out into the
ſtreets in this time of Infection.
(7.) That the pavements in the ſtreets be made ſufficient, and fo con-
tinued, the Kennels kept ſweet and clean, the Soil of the ſaid Streets to
be carried away, and all annoyances to be removed, and ſuch Inhabitants
as ſhall refuſe to pay the reaſonable Rates Aleſed on them for payment of
the Scavengers, which ſhall cleanſe and carry away the Soile, be diſtrai-
ned by their Goods for the payment thereof.
(8.) That if any perſon ſhall turn out of their Houſes any Servant or
Lodgers being ſick,power to be given to the Magiſtrate or Officer to put them
in their faid Houſe again, or otherwiſe the ſaid perſons to provide ſuffici-
ent maintenance for them, and upon refuſing ſo to do, being able perſons, to
diſtrain the Goods of ſuch perfons, for the diſcharge, that ſhall ſo turn them
out of doors.
(9.) If by order of the Magiſtrate, any perſons viſted, and removed
out of their Houſe or Lodging to the Peſt-Houſe, or other place, when they
be recovered and in perfect health, the ſaid Magiſtrate to have Power
and full Authority to return and ſettle the ſaid
perſons in their Houſes or
Lodgings, from whence they were ſo taken out, without contradi&tion of
their Landlords or any others.
(10.) That all ſuch Magiſtrates or other perſons that ſhall be truſted
with this Service, may be enabled to do all other things neceſſary, and pur-
Suing the Execution of theſe Orders, as occaſion ſhall require, and be out
of the danger of miſconſtruktion, ſeeing they hazzard their particular Safe-
ties to provide for the Publick.
The Lord Privy Seal reported the Conference with the Houſe of The Confc-
Commons concerning Raiſing and Tranſporting Forces out of His Maje- chords and
ſties Dominions, where this Paper was read, Intituled,
concerning
Inſtruktions agreed by the Lords and Commons in Parliament, upon reiga Princes,
the Ninth day of September, 1641. To be ſent to the Committees Sepr. 9, 1641.
of both Houſes now attending His Majeſty at Edinburgli
.
Hereas we have received Information from you, as likewiſe
from Mr. Secretary Vane, concerning the Complaint of the
Spaniſh Ambaſſador about the ſtay of 4000 Men to be raiſed in His
Majeſties Dominions, and Ships for Tranſporting the ſame, You ſhall
“ in the Name of both Houſes of Parliament humbly preſent the true
"ſtate of proceeding in Parliament concerning that buſineſs in this
manner.
When
Commons
1
1
Levics for for
WH
$6
1
480 An Impartial Collection of all the memorable Events
Septemb.
I 6 4 I.
1
can
C
ment.
San
(C
“ When His Majeſty was pleaſed to acquaint both Houſes with the
“ deſire of the French and Spaniſh Ambaſſadors, to Tranſport Forces out
« of England and Ireland, His Majeſty did withal graciouſly expreſs
“ his Reſolution not to conſent to theſe deſires without the conſent of
66 his Parliament.
“ Both Houſes have ſearch't their journals, and find by them, that
not only they never made any, expreſſion of ſuch a Conſent, as they
make no ſuch, but by Order, but that both Houſes have by Vote
“ declared their Opinions to the contrary, and liave incloſed the Copy
6 of thoſe Votes.
“ That the Parliament cannot but wonder, that any perſon ſhould
preſume to inform His Majeſty that they had made any ſuch Expreſ-
ſion, having made no ſuch Vote; which they conceived to be deſtru-
ctive to the Proceedings, and contrary to the Priviledge of Parlia-
“ And this being the ſtate of the matter of fact, the Parliament doth
no leſs wonder, and conceives it an high injury to them, that the Spa-
niſh Ambaſſador ſhould offer a Complaint of them to His Majeſty
“ for doing of that which, His Majeſty having referred the conſiderati-
on of the Ambaſſadors deſires to the Parliament, they could not but
“ do without manifeſt breach of their. Duties, as Councellors in this His
Majeſties great Council of Parliament, for the Reaſons following. .
(1.) “That the want in which Forreign States ſtand of Men is ſuch,
that great
uſe may be made of them by His Majeſty, and very ad-
vantageous Conditions had for them, in the making and ſtrengthen-
ing of Alliances abroad, as his Affairs and Reaſon of State may require,
which will be loſt, as to fo piany, and we fear as to more, which un-
der colour of theſe may be Tranſported, if theſe Men ſhould be thus
" .parted with.
(2.) “ That the breeding of Iriſh Papiſts in a Forreign War may be-
get Damage to that Kingdom, and Trouble to this; eſpecially ſerving
under the King of Spain, there being already in his Dominions, and
“ in his Arinies Fugitives of that Nation, and that in great Commands
over the Militia of the faine..
(3.) That His Majeſty having ſent an Extraordinary Ambaſſador to
Ratisbone; to demand, that in this preſent Dyet, that Juſtice be done
to the Electoral Houſé, by the Houſe of Auſtria, and likewiſe publiſh-
ed a Manifeſt, by advice of his Parliament, declaring that if this be
not done by them (with whom how the Intereſts of Spain are in-
volved and interwoven, is
, evident to all Men ) His Majeſty will em-
ploy all ſuch Power wherewith God hath enabled hin, both by his
own Arms, and the aſſiſtance of all his Allies : to vindicate his Ho-
nour the Parliament conceives, That before Anſwer be made to this
ſo juſt demand, it is neither Safe nor Honourable for His Majeſty to
“ furnish that Prince with Forces; which may be a diſheart’ning to the
“ Proteſtant Party abroad, a weakning to His Majeſty, and a ſtrength
to his Enemies, in caſe Juſtice be not done to the Electoral Houſe,
which they.conceive themſelves to have the more Cauſe to doubt, by
reaſon of the Publication in Print of the late general Amneſty to the
Excluſion of the Prince Palatine.
Whercupon it was Reſolved: upon the Queſtion, Nemine. Contradicentes
That this Houſe joynes with the Houſe of Commons herein.
After
C6
(C
CC
6.
1
CC
st"
10
1
into thc Ser:
vice of any
is
F
Prince.
from the Scotch. Rebellion to the King's Murtber: 481
After which an Ordinance was agreed upon, not to permit any For- Septem.
ces to be tranſported for the Service of Forreign Princes, which was as
I 641.
followerh.
Die fovis 9. Sept. 1641.
Thurſday,
Septem. 9.
An Ordinance was made and agreed upon by the Lords and Commons in ThựOrdinance
this preſent Parliament, concerning the Raiſing and Tranſporting of Forces of againft trans-
porting Forces
Horſe or Foot, out of his Majeſties Dominions of England and Ireland.
Forreign
Or the Safety and Defence of this Kingdom, and for the better
enabling of his Majeſty, to aid and aſliſt his Allies abroad; . It
IS Ordered by the Lords and Commons in Parliament, That none of
' his Majeſties Subjects Niall Treat or Contract with any Forreign
Prince, or State, their Ambaſſadors, Agents, or other Miniſters of
any Fórreign Prince or State, concerning raiſing or tranſporting any
Forces, either Horſe or Foot, to be imployed in the Service of any
fuchi Prince or State.
5 And it is further Ordered, That it ſhall not be lawful for any Ow-
ner or Maſter of any Ships, in either of the ſaid Kingdoms, to Con-
"tract or Agree for the tranſporting of any forces Horſe or Foot, out
of theſe Kingdoms for the Service of any Forreign Prince or State;
and that no luch Forces ſhall be Raiſed, Tranſported or Imployed, by
any Perſon whatſoever in the Service of any Forreign Prince or State,
without the Special Licenſe of His Majeſty, with the Conſent and
Advice of the Lords and Commons in Parliament.
It is further Ordered, That none of the Ships of any of his Majeſties
Subjects of England or Ireland, which have or ſhall be imployed in the
"Service of any Forreign Prince, ſhall be uſed or imployed againſt any
Forces, which ſhall be any where commanded by his Majeſties Com-
« miſſion by Sea or Land, but ſuch of his Majeſties Subjects, as are ini
any ſuch Service, ſhall forthwith withdraw themſelves from the fame,
" and relure to bear Arins in ſuch Cafe.
" It is likewiſe further Ordered, That whoſoever ſhall Contemn or
diſobey this Ordinance, ſhall be taken to be a high Contemner of the
Authority of the Houſes of Parliament, and ſhall be liable to ſuch
further Ċenſure as thall ſtand with their Honor and Juſtice in that
behalf.
66
ES
66
ber next,
This Order to continue and be in Force unto the first Day of Novem.
and to be ſorthwich Printed and Publiſhed,
After which Mr. Pym Reports the Declaration of the Commons in
Parliament made September 9. which was as followeth.
1
1
T
A Declaration of the Commons in Parliament, made
September the Ninth 1641.
He Knights, Citizens, and Burge.es of the Commons Flouſe, having A Declatation
received many great Complaints from the ſeveral Parts of this King- mons without
dom, of heavy Grievances upor divers of his Majeſties Subjetts; by the ex- the conſent of
celive pressing of ſome Matters concerning Religion, which are in their own
Nature indifferent
, by Pretext or Colour of the Laws now in force, and by of ſeveraļMar-
the unlawful
enforcing other things without any Colour of Law: and confide-ters in the
ring that
a full Reformation cannot be made in this ſtreight of time,
did
Vol. II.
for
the Lords for
Reformation
Church, Set
9. 1641.
eqq
W
66
56
482 An Impartial Colle&tion of all the memorable Events
Septem. for the Comfort and Eaſe of the People, frame an Order in manner fol-
1641. | lowing.
Die Mercurii 8. Septemb. 1641.
Hereas divers Innovations in or about the Worſhip of God,
have been lately practiſed in this Kingdom, by enjoyning
ſome things, and prohibiting others, without Warrant of Law, to the
great Grievance and Diſcontent of
his Majeſties Subjects :: For the fup-
preſſion of ſuch Innovations, and for the preſervation of the Publick
Peace, It is this day Ordered by the Commons in Parliament Al
fernbled, That 'the Church-Wardens of every Pariſh Church and
Chappel reſpectively, do forthwith remove the Communion Table
“ from the Eaſt end of the Church, Chappel, or Chancel, into ſome
"other convenient Place; and that they take away the Rails, and le-
vel the Chancels, as heretofore they were, before the late Inno-
“
vations.
That all Crucifixes, ſcandalous Pictures of any one or more Per-
“ fons of the Trinity, and all Images of the Virgin Mary, ſhall be
s taken away and aboliſht, and that all Tapers, Candleſticks, and Ba-
s fins, be removed from the Communion Table.
“That all Corporal bowing at the Name (J E SUS) or towards the
" Eaſt End of the Church, Chappel, or Chancel, or towards the Com-
“ muoion Table, be henceforth forborn.
“ That the Orders aforeſaid, be obſerved in all the ſeveral Cathedral
“ Churches of this Kingdom, and all Collegiate Churches or Chap-
pels in the two Univerſities, or any other part of the Kingdom, and
in the Temple Church, and the Chappels of the other Innes of
Court, by the Deans of the ſaid Cathedral Churches, by tlie Vice-
" Chancellor of the ſaid Univerſities, and by the Heads and Governors
of the ſeveral Colledges and Halls aforeſaid, and by the Benchers and
“ Readers in the ſaid Innes of Court reſpectively.
“ That the Lords Day ſhall be duly obſerved and Sanctified : All
Dancing, or other Sports, either before, or after Divine Service, be
“ forborn and reſtrained; and that the Preaching of God's Word be per-
"mitted in the Afternoon, in the ſeveral Churches and Chappels of
" this Kingdom, and that the Miniſters and Preachers be encouraged
" thereunto.
" That the Vice-Chancellors of the Univerſities, Heads or Govern-
ors of Colledges, all Parſons, Vicars, Church-Wardens, do make
“ Certificates of the performance of theſe Orders: and if the ſame
ſhall not be obſerved in any of the Places aforementioned, upon com-
plaint thereof made to the two next Juſtices of Peace, Mayor, or Head
"Officers of Cities or Towns corporate, It is Ordered that the ſaid
Juſtices, Mayor, or other Head Officer reſpectively, ſhall examine
the truth of all ſuch Complaints, and certifie by whoſe Default the
ſame are committed; All which Certificates are to be delivered in
" Parliament, before the thirtieth of October. next.
Nd did upon the eighth of September, in a Conference with the Lords
,
A deſire their Lordſhips to conſent unto it, and to joyn with them in
tie Publiſhing thereof, whereunto they never received Anſwer, but contra-
ry to their
. Expe&tation upon this preſent ninth of September
, being the
Day interded for the Receſs of both Houſes, they received in a Conference
from
CC
66
ci
}
# #
1
inte
14
from the Scotch Rebellion to the King's Murther. 483
from their Lordſhips, an Order dated January the fixteenth 1640. In theſe Septem.
Words.
I 641.
:
Die Sabbati 16. Januarii 1640.
I
.CC
T is this day Ordered, by the Lords. Spiritual and Temporal in
the High Court of Parliament Aſſembled. That the Divine Ser-
vice be performed as it is appointed, by the Acts of Parliament of
"this Realm: And that all ſuch, as ſhall diſturb that wholſome Order,
ſhall be ſeverely Puniſhed according to the Law: And the Parſons,
Vicars and Curates in the ſeveral Pariſhes, ſhall forbear to introduce
any
Rites or Ceremonies that may give Offence, otherwiſe then thoſe
that are eſtabliſhed by the Laws of the Land.
And one other of this preſent ninth of September, in theſe Words.
Reſolved upon the Queſtion this winth of September, 1641.
That the obovefaid Order ſhall be Printed and Publilhed.
1
1
Efiring that the Commons would joyn with them in publiſhing
thereof, which beïng preſented to the Houſe of Commons, it
was thought upſeaſonable at this time to urge the ſevere Execution
“of the ſaid Laws: Whereupon it was voted, that they do not con-
" ſent to thoſe Orders, or either of them:
“ And they have thought fit to make this Declaration, that it may
“ be underſtood, that the laſt Order of the Lords was made with the
“ Confent only of Eleven Lords, and that nîne other Lords then preſent
" did diſſent from it; ſo that it may be ſtill hoped, when both Houſes
« ſhall meet again, that the good Propoſitions and Preparations in the
“ Houſe of Commons, for preventing the like Grievances, and reform-
ing the Diſorders and Abuſes in Matters of Religion, may be brought
to perfection : Wherefore they expect thač, the Commons of this
Realm, do in the mean time, quietly attend the Reformation inten-
ded, without any tumultuous Diſturbance of the Worſhip of God,
" and Peace of the Kingdom.
1
4
The Declaration being read it was
Reſolved upon the Queſtion, That the Houſe doth Allent to this De-
claration.
Reſolved, &c. That this Declaration be forthwith Printed and Pub-
liſhed.
Ordered, That this Declaration, when it ſhall be Printed,
fhall be
brought to the Committee that is appointed to fit during the Receſs, to take
Care for the diſperſing them.
This having been carried up to the Lords for their Concurrence, the
three firſt Heads wered debate, and it was Reſolved,
(1) That where there are Railes already, they are not to be removed
with the Communion Table, but where there are none, they ſhall not be in-
forced upon any; and that all steps in the Chancels raiſed towards the
Altar within theſe fifteen Tears laſt past, ſhall be levelled.
(2) That Crucifixes, Scandalous Pictures of any of the Perfors of the
Trinity, are to be aboliſhed without Limitation of the time fince their Ere-
Vol. II.
eqqz
ction
1
:
1
3
!
*
1
tin
2
Committee of
Lords during
che Reccſs.
V
ነ
1
484 An Impartial Collection of all the memorable Events
Septemb. | Etion, and all Images of the Virgin Mary, that have been ſet up within 20
1 6 410 years to be aboliſhed.
(3.) For the Ceremony of bowing at the Name of Jeſus, it ſhall not be
enjoyned nor prohibited to any Man.
Ordered, That the reſt of the particulars ſhall be conſidered to morrow
morning, being September the Ninth.
It was Ordered, That theſe Lords following, viz. L. Keeper, L. Privy
Seal, L. Chamberlain, E. Warwick, E. Clare, E. Denbigh, and E. Cleeve-
land ſhall have Power from this Haufe to joyn with a Select Committee of
the Houſe of Commons, to receive and open the Letters which ſhall, in the
time of the Receß, come from the Committee of both Houſes out of Scot-
land, and to return Anſwers according to Inſtructions given to the com-
mittees already; and to bave Power to recal the ſaid Committees in
Scotland, when they ſhall think fit, and to aſlist about disbanding of the
Army, and removing the Magazine at Berwick and Carliſle, and fend-
ing down Mony to the Army if need be'; and that theſe Lords Committees
are to make report of the Same to this Houſe at the next meeting : And
laſtly, To give notice to the ſaid Committees in Scotland, to direct their
Letters to the L. Keeper.
It was alſo Ordered, that the Lords the Biſhops; that now ſtand Char-
who were Im-ged in this Houſe, by Impeachment from the Houſe of Commons, concern-
peached. ing the making of the late Canons,&c. ſhall put in their Anſwers to the
Said Impeachment the Tenth day of November in the morning.
After which the Houſe was Adjourned till the 20th of Oct. 1641.
Now that the Reader may 'more clearly underſtand this matter, it is
to be remembred that the Houſe of Lords, in a full Houfe, having obſer-
ved, and complaint having been made of the Tumultuous behaviour of
the Sectaries in divers places, affronting the Publick and Eſtabliſhed
Liturgy, and the Clergy in the Miniſtration of it, had made this firſt
Order of the 16th of January 1640, which the Commons had then
never ſo much as excepted againſt; and therefore during the Receſs
they Judged it convenient, for the preventing the like diſorders, to re-
peat the ſame Order by the fame Authority, and therefore it was
Reſolved upon the Queſtion, That the Order of the 16th of January
1640, Mall be Printed and Publiſhed.
The Lords Aſſenting were,
Lord Biſhop of Lincoln, Lord Denbigh,
Lord Mowbray,
Lord Portland,
Lord Wentworth,
Lord Carnarvan,
Lord Cleeveland,
Lord Coventry,
Lord Dunſmore,
Lord Newark
Order about
1
1
Lord Dover,
1
But there were ſeveral Lords who diſaſſented to the Printing and Pub-
liſhing it, without firſt having a Conference with the Houſe of Com-
mons, which the other Lords thought not neceſſary in regard it was but
the Reviving of a former Order, the diffenting Lords therefore deſired to
enter their diſaſſent, which they did in this manner.
Wel
11
-)
The Proteſta
Conſent of the
Lords neceíla-
}
from the Scotch. Rebellion to the King's Mürther. 485
Septemb.
W E whoſe Names are underwritten, having before the putting of 164 1.
the Queſtion demanded our right of Proteſtation, do accordingly
make our Proteſtation. That we held it fit to have the conſent of the Houſe tion of the
of Commons, in thoſe things which ſo nearly concern the Quiet and Govern- Lords who
were againſt
ment of the Church; and therefore we deſred to have a Conference with
Printing the
the Houſe of Commons before any concluſive Order were Printed or Pub-Order of 10
liſhed herein ; eſpecially the Houſe of Commons having lately brought to fenuary, i641
.
us, and deſired the conſent of our Houſe, unto certain Votes of theirs, Commons did
againſt certain Innovations in or about the Worſhip of God, lately praétiſed not think the
in this Kingdom without Warrant of Law.
Therefore to quit our felves of the Dangers and Inconveniences that ry to their De-
might ariſe by the Printing and Publiſhing of the ſaid Order of the 16th claracion.
of January, as binding to the whole Kingdom, without defiring the Houſe
of Commons their conſent, we did proteſt our difaſſent to this Votë, and do
thus Enter it as aforeſaid.
Lord Bedford,
Lord Newport,
Lord Warwick,
Lord Wharton,
Lord Kimbolton,
Lord Clare.
Happy it was for the Biſhops that only the Biſhop of Lincoln of all the
Biſhops was then preſent at the Houſe, and Afſenting to this Vote, other-
wiſe the whole Nation had Rung of it, that they were the only Ob-
ſtructors of the intended Reformation, and would have furniſhed their
Enemies with one Argument more for the Extirpation of the Hierarchy
Root and Branch.
This Specimen one would have thought might have opened the Eyes
of theſe Lords, and the whole Nation, to ſee what this Faction of the
Houſe of Commons aimed at, which was, after all their pretenſions to
the contrary, to diveſt the King of all his Supremacy, and the Lords of
their Juriſdiction, to make their Votes equivalent to, and
as obliging as
the Laws; which were confirmed and made fo by the Impreſs of the
Royal Aſſent : But here certain things were impoſed by the Commonsi
without ever concerning themſelves about the King's Aſſent, and againſt
the Afſent of the Lords Houſe, for the Allegation of the ſmall number
of the Lords at this Vote was to no purpoſe, ſince they were the Majo-
rity of the Lords that were preſent, and at that time when this Decla-
ration paſſed the Commons, as appears by the Diviſion of the Houſe
upon Colonel Aſhburnham's Vote, the Houſe of Commons was far thin-
ner in proportion then the Lords ; inſomuch that for fear the Houſe
ſhould fall for want of Fourty Members, there was an Order, That ſixty
ſhould
appear upon the day of Adjournment for the Recefs.
This was alſo deſigned as a further way of Diſcrimination of their
Friends and Enemies, for whoever of the Clergy eſpecially, ſhould not
think themſelves obliged to obſerve theſe Orders, wliich nó Mari could,
that knew they were not the Laws of the Land, was ſure to be certified,
if not by the Church-Warden and Officers, yet certainly by the infor-
ming Sectaries
, who were very diligent in ſpringing Game for the Com-
mittee and Sub-Committees for Religion, the Miniſters Remonſtrance,
and for Scandalous Miniſters, Mr. White's, Mr.Corbets, Sir Robert Har-
low's and Sir Edward Deering's Committees : And then theſe Godly In-
formers muſt be gratified for their Petitions, Informations, and ſuch like
good
/
1
I
486 An Impartial Collection of all the memorable Events
Sept. good Service to the Common-Wealth, by the Impriſonment, Scorn and
1 641. Contempt, Charges, and many times utter Ruine of the truly Loyal
and Orthodox Clergy of the Church of England. And whoever will
take the pains to Rake in that Libel of Mr.White's, called, The firſt Cen-
tury of Scandalous Malignant Prieſts, will find that the greateſt Crimes
which many of the Clergy were Accuſed for, and turned, they and
their Families, naked to the wide World, were the diſobeying this Or-
der.
For Bowing at the Name of Jeſus, Examples 33 and
43.
For ſetting up the Name of Jeſus in the Church, Ex. 72.83.
Preaching againſt Sacriledge, Ex. 22.
Bowing the Body in God's Houſe, Ex. 7.
1
1
But to return to the Houſe of Commons after the Voting of this De-
claration, they fell upon the buſineſs of the Receſs
, and preparing In-
ſtructions for the Committee which was to Sit during the time of the
Adjournment. And
The ſtanding
Committee
during the
Receſs of the
Parliament,
Mr. Pym,
Sir Peter Wroth,
Sir Gilbert Gerrard, Sir John Holland,
Sir John Franklin,
Mr. Winwood,
Sir John Culpeper,
Mr. Folin Goodwin,
Mr. Wheeler,
Sir Thomas Dacres,
Sir Henry Mildmay, Mr. Morley,
Mr. Bridgman,
Mr. Henry Martin,
Sir Thomas Bowyer,
Mr. Arthur Goodwin,
Sir Thomas Barrington,
Sir Folın Clotworthy,
Sir Edward Hales,
Mr. White,
Sir William Litton,
Mr. Sollicitor,
Sir Richard Cave,
Mr. Spurſtow,
Mr. Robert Goodwin, Mr. Laurence Whitacre,
Sir Samuel Luke,
Serjeant Wild,
Mr. Wingate,
Mr. Strode,
Sir Robert Pye,
Sir Henry Vane,
Alderman Soams,
Mr. Glyn,
Alderman Pennington,
Sir Symon D'Ewes,
Captain Venn,
Sir William Drake,
Mr. Vaſal,
Mr. Bedding field,
Lord Falkland,
Sir Gilbert Pickering,
Capt. Rainsborough,
Mr. Blakſton,
Mr. Bence,
Mr. Waller,
were appointed to be a Committee during the Receſs.
This Committee to meet on Saturday next in the Exchequer-Chamber
at Nine of the clock in the Fore-noon: 'and they are to meet every Tueſday
and Saturday in every Week, and at ſuch other times as they think fit
during the Receſs; and they or any Six of them have power to meet with
the Commiſſioners of the Lords appointed during their Receſsgat ſuch times
as they ſhall appoint.
They have Power to receive, open and anſwer ſuch Letters as come from
the Committee in Scotland according to former Inſtructions and Orders of
this Houſe.
To take Care that the Orders of this Houſe be punctually obſerved con-
cerning
Dirc&ions for
the Commit-
tec during the
Recefs.
1
1
1
.
A
i
.
from the Scotch Rebellion to the King's Murther. 487
cerning Disbanding the Army, Train of Artillery and Garriſons, and for, Sept.
the Illuing and ſending down of Money to thoſe purpoſes.
1 641
To Recall the Committee in Scotland, if they ſee Cauſe.
To go on in preparation of Proceedings againſt the Principal of ſuch De-
linquents
, as are already Voted or Complained againſt, and to report.
Upon any Informations of Riots or Tumults, to have power to ſend to all
Sheriffs
, Juſtices of Peace and other Officers, to ſtir them unto their Duties
in repreſſing them, and to report.
To Examine the Entries of the Clerks Books, and that the Committee
may not miſtake any paft Actions of the Houſe, a Clerk to be left there withi
the Books.
To take care of the Preparations for his Majesties Revenue and to take
into conſideration any Accounts to his Majeſty.
To go on in proſecution of the Confideration of a Weſt-Indian Coma
pany.
To take into conſideration the Fiſhing upon the Coaſts of England, Scot-
land and Ireland.
To take into Conſideration the Reſolutions of the Abuſes in Exchange
and Tranſporting of Money, and the Regulating of the Par between this and
other Nations.
To prepare the Iriſh Laws depending, to be either at the Acceſ tranſmit-
ted to the Lords, or recommended to the Iriſh Parliament.
To conſider about Sal Petre and Gunpowder.
To ſend for any perſons, Writings and Records.
To prepare a Diſcharge for the Earl of Warwick,according to thoſe Ac-
quittances he hath given concerning the Northern Counties. -
After which the Speaker deſired he might have leave to go iñito the
Country during the Receſs; which being granted, the Houſe was Ad-
journed till October 20. at Eight of the Clock in the Morning.
Happy had it been for England had they never met again to be the
Authors of the moſt Diſmal Tragedy that ever was Acted upon the
Theatre of England ; but Providence, whoſe Wiſdom is unſearchable,
had Ordained them to be a Scourge to a People Wanton with Long
Peace, Eaſe, Plenty, and Even Religion it felf.
The day to which the Parliament was Adjourned being now come, Wedneſday,
both Houſes met, And the Lords being ſate in their Houſe, and divers O&tob. 20.
of them obſerving the Palace Yard full of Armed Men, it was moved,
That it might be known upon what Grounds and Reaſons the Trained
Bands of Weſtminſter were in the Old and New Palaces aſſembled. The
Lord Chamberlain being Captain General of the South Parts of this
Kingdom during the King's abſence in Scotland by Command of the
Houſe, ſignified, That his Lordſhip received a Defire from the Committee
of the Houſe of Commons which fate during the time of the late Receſs that
there might be a Guard of Souldiers about the Parliament, to prevent the
Infolence and Affronts of Souldiers at this time about the Town, and to fe-
cure the Houſes againſt other Deſigns
which they have reaſon to ſuſpect,un-
tifl the Parliament meets and gives further Order therein.
Hereupon it was Ordered, That the Lord Chamberlain ſhall by virtue
of this Order continue a Guard of Souldiers, to guard the Parliament Hou- mene
takes a
ses until the further Pleaſure of the Parliament be known ; and that the Guard of the
Number of the Said Soldiers ſhall be wholly left unto the diſcretion and Trained Bands
of
management of the ſaid Lord Chamberlain Captain General. After
The
1
!
.
488 An Impartial Collection of all the memorable Events
racy in Scot-
wland,
was donc dur.
60
CC
1
Sept.
After this the Lord Keeper informed the Houſe, That he had received
: 1641.
a Letter from the Lord Howard in Scotland dated the 14th of Oktober,
which was read, declaring, That upon Monday Night then laſt, there fell
The Conſpi.
out a great Interruption in the Buſineſs there, by reaſon of an Information
given to the Marquiſs of Hamilton, the Earl of Argyle, and the Earl of
Lannerick, That there was a Deſign, to ſeize upon their Perſons that Night,
whereupon they removed their Lodgings, and ſtayed in the City all Night,
and relation being made hereof the next day to the Parliament, the Earl
of Crawford, Colonel Steward,
and Colonel Cockram were reſtrained ; and
after a further Examination, his Lordſhip will give this Houſe' a further
information.
Mr. Pym's Re-
The firſt thing that was done in the Houſe of Commons, Mr. Pym
port of what Reports what was done during the Receſs.
ing thcRcceſs.
THI
HE firſt thing we had in Charge was concerning the Declara-
tion of the Houſe about Innovations, the Committee have ſent
divers of them into the Country, and have found that in ſome places
It was deſign. where there were good Miniſters, they were Entertained, and in ſome
ed for a Snare“ other places they were neglected, but for the moſt part, it is by thoſe
for the Loyal
Clergy.
that have been queſtioned here for other Matters.
“ The Committee took into Conſideration the Intention of the Houſe
concerning the publiſhing of the Declaration, therefore they gave
Directions to require the publiſhing thereof in Churches, and that the
“ Churchwardens might ſee the Execution thereof. Some Particulars
concerning this will come in a Special Report, which I fhall now
only touch upon in General, in regard of the Great Importance of the
“ Buſineſs firſt to be conſidered of this day, touching the Troubles of
Scotland, of which I ſhall give you an account.
« The next thing the Committee did take into Conſideration,was the
Correſpondency with the Committee in Scotland in receiving Letters
from them, and ſending Anſwers to them ; I ſhall not need to produce
" their ſeveral Letters now, it will take up too much time, but the chief
Point was touching the Disbanding of the Army and two Garriſons of
“ Berwick and Carliſle: for Carliſle, it is totally Disbanded, and the Sol-
“ diers fent into Ireland to be placed there as they were before in the
King's Army; for we did conceive it Fitter thoſe new men now in
"the King's Army there ſhould be diſmiſſed, and theſe that were for-
merly taken from thence flould be entertained again, for we hear a
good report of their Carriage at Carliſle.
For the Garriſon at Berwick, that required longer time of Conſide-
ration at the Committee; for beſides the demoliſhing of the Works,
" which was much preſſed by the Scots, and ſeconded by a Letter from
“ his Majeſty out of Scotland, there was a want of Money, yet the
" Committee got ſufficient to Disband all, and fent it down, and be-
cauſe the Scots Commiſſioners deſired to know a certain day of our
Disbanding, and then they would upon knowledg of that disband
" their Forces; whereupon the Committee ſet down the 15th of October
to be the laſt day of Disbanding; and the Letter yeſterday. received
" from Sir Michael Ernley ſhows that he hath Money enough to disband
all, and that the Horſe are disbanded, and Five Companies of Foot
" and that on Friday laſt the other Companies of Foot lrad been diſ-
banded, but that a Letter came from Sir Henry Vane in his Majeſtics
Name, requiring to ſtay the disbanding of the reſt till further Order
of]
Cena
«
$
1
+
;
1
I
i
1
I 641.
gave Or:
ic
1
11
1
IC
1
(C
C
60
(6
J
2
14
I
from the Scotch Rebellion to the King's Murtber. - 489
« of which you ſhall hear more when I come to that part of my Re- 1 Otober,
port.
For the Arms and Ammunition at Carliſle, the Committee
der for the ſafe laying of them up to be well kept,till the next Spring,
that it be more Seaſonable to ſend for them away, they being now
“ five or ſix miles from the Sea ſide, which would have taken now
much time to have ſhipped them, and Sir George D'alliſton and other
Members of the Houſe are deſired to take care of the ſafe keeping it
in the mean time.
For the Ammunition at Berwick,the Committee have ſent fix Ships
to Tranſport the fame to the Tower, and agreed with them for a cer-
tain Sum for the doing thereof within ſuch a time; and if they ſtayed
longer, to have ſo much per diem for demurrage.
The next thing we took into Conſideration at the Committee was
concerning Tumults, though we cannot ſay any great Tumults, yet
there were ſeeds ſown which might have occafioned ſome in the Exe-
cution of the Order of the Houſe touching Innovations : but I ſhall
make a particular Report of thoſe Pariſhes where they were at blows
and likely to come to blows, if the Committee had not fought the
prevention of it, which was the Ground why the Committee enter-
“ tained their Petition.
There was another like Trouble and ſign of Tumult by the fre-
quent reſort of Troopers to Town, and to the Committee, who deli-
"S vered in Thirty Petitions to the Committee in their own Names, and
the Names of other diſcontented perſons in the Army: We could not
refuſe to accept their Petitions, left they fliould grow to Tumults;
and of their Complaints and the Nature of them, I ſhall give a parti-
“cular Report; but the Committee Voted nothing concerning them.
" It will be very fit to reſolve ſomething concerning them, that they
may depart the Town, for under the name of the Soldiers many Rob-
beries are done : which occaſioned the Committee to give Order, See here a
" That all of them thai deſire to have paſſes to go beyond Sea, might have committee
“the Same : But this would not ſerve their turn, unleſs they might have Exerciſe more
liberty to receive pay here, to go in Companies, under Commanders, they would
to the Service of Forreign Princes, which the Committee could not allow theKing,
give way unto, in regard of the Ordinance of both Houſes to the con- Evafion of me
trary.
“ There is another Head the Committee had in Charge concerning giving single
" the King's Revenue. All that we could do in that, which I did by Paſte, by
the direction of the Committee, was to take Care for a Ballance touch- which 20000
ing the ſame, and accordingly I ſpake with the King's Officers have been as
about it, and a Ballance will be ready when you shall pleaſe to call Eatily Tranf
porced as 200.
'The next was concerning the Exchange beyond Sea ; I think for
" that there will be a good return made for the Benefit of the Common-
wealth.
Another thing was concerning the Iriſh Petitions ; but the Gentle-
man that uſed to be in the Chair for Iriſh affairs, Mr. Whiſtler, was
out of Town, and had moſt of their Petitions with him, ſo we could
do nothing ; only one Mr. Cope and Mr. Lomach who had long, at-
“tended, had their Caſe made known to the Committee, the one deſi-
ring to have two Witneſſes Examined upon a Petition here depending,
“ who are ready to go to Sea: and the other Mr. Cope of Engliſh Pa-
Vol. II.
rents
T
1
(6
1
1
1
1
C6
Order of Par-
1
(6
for it.
CC
CC
CC
1
+
Rrr
1
1
1
1
the
.
11
490
October
1 641.
a
06
CC
CC
:
C:
CC
C
i
An Impartial Collection of all the memorable Events
“ rents and great Family, is a Petitioner for recovery of an Eſtate of
great Value, which he conceives hath been long kept from him wrong-
fully,and deſires that á Committee may but conſider of the Depoſitions
already taken touching the ſame in ſeveral Courts of Record, Whether
theſe be not juſt Cauſe for him to have Relief and matter of Ground
to proceed on in his Petition ; and if not, he will deſiſt in Petitioning
" the Houſe.
“ Next thing in Charge was concerning the Delinquents ; in that we
made but a ſmall progreſs, for we had a deſire to have perfected the
Charge againſt my Lord Archbiſhop of Canterbury; but in regard
“ thoſe of the Long Robe of the Committee were for molt part abfent;
we could not proceed therein.
Next there came to me to my Lodgings at Chelſey Sir John Berkley,
and Sergeant Major Oneal, who faid, That they were accuſed, and had
raſhly withdrawn' themſelves, but upon better conſideration they were
returned to ſubmit to the Pleaſure of the Houſe. I thought it my Du-
ty to make ſome Privy Councellor acquainted therewith, whereupon
I went to my Lord Wilmott with them, who undertook they ſhould
“ attend the committee the next Sitting; which they did accordingly,
" and in purſuance of the Order and Warrant of the Houſe for the ap-
prehending of them, they were both attached by the Sergeant's De
puty: ſo the Houſe may be pleaſed to ſend for them, and to do therein
as they ſee Cauſe.
For the Letters laſt received out of Scotland from the Committee,
" they ſpeak of ſomething intended to be done there upon the Perſons
“ of divers Lords of Scotland; and in regard ſome of the Parties ſuſpected
to have a hand in that Deſign are ſuſpected to be Papiſts, the Commit-
tée did conceive it might have Correſpondence with the like Party
here, and therefore Commanded me Yeſterday to write to my Lord
Mayor of Lordon to place convenient Guards in ſeveral places of the
City, till he received further Directions from the Parliament; and the
“ like to the Juſtices of the Peace for Middleſex, Weſtminſter and Souths-
wark, and to obſerve ſuch further Directions, as they ſhould receive
from the Earl of Eſex, who in his Majeſties Abſence is appointed
General on this ſide Trent.
I forgot to Report one thing, That upon Tueſday laſt was Seven-
" night, the Committee here agreed,and ſo Ordered, That the Committee
of Scotland ſhould, unleſs they fee cauſe to the contrary,return home;
“ and left our Letter might miſcarry, Commanded me to ſend an Ex-
preſs Meſſenger to them; and I did ſo, and writ alſo, by the Weekly
Poſt, of our Order, as alſo of the Lords Order for their Commiſſioners
to come home: The Party I ſent, who was commended to me for a
very honeſt man, ſhould have been there on the Monday following,
which he Eaſily might have done, if he had been well ; but on Fri-
day laſt he was not come to Edinburgh, neither could he be heard
of in all the Road; ſo that we mảy juſtly fear ſome misfortune is
" befallen him, that he is knocked on the head, and his Letters taken
“ from him.
1
CC
CC
1
WC
+
Sir Fobu Berks
ley and Mr.
Daniel Oneal
committed.
After this Sir John Berkley was by Order of the Houſe com-
mitted Priſoner to the Tower, and Sergeant-Major Oneal to the Gate-
Houſe.
Then
1
1
.
i
1
from the Scotch Rebellion to the King's Murther. 491
Then Mr. Pym reports Heads, for a Conference with the Lords; the October.
Letter from the Committee in Scotland, of the 14th of October to be 164 I.
read, That there was a deſign of the like nature in this K'ingdom, to le- Heads of a
duce the King's Army to interrupt the Parliament here, and the like de- Conference a-
ſign at the ſame time in Scotland ; the principal Party in Scotland Suſpe- bout the Con-
Eted to be Popiſhly affected, and therefore may have Correſpondence with Canicacy inScor-
the like Party here : That it hath been lately publiſhed here, that ſome
things were to be done in Scotland, before it broke out there, and there-
fore we may ſuspect ſome Correſpondency here : Upon theſe Grounds to pro-
poſe to the Lords, that ſtrong Guards be kept in the Cities of Weſtminſter
and London.
Secondly, That care may be taken for the future, for the defence of the
Kingdom.
The next great ſtep theſe Men had before them was the Power of
the Sword, the Command of the 'Militia of the Kingdom; which under
the notion of putting the Kingdom into a Poſture of Defence, they
thought by Artifice to have gained from the King, and to put out of
all Places of Power and Truſt thoſe whom they knew to be their Ene-
mies, or ſuſpected might oppoſe their Anti-Monarchical Deſigns, and
to fill the Vacancies with thoſe of their own Party : for if they could
gain this point, they aſſured themſelves of Impunity for the future, and
the eaſie accompliſhment of their great Affairs; and therefore they not
only laid hold of all occaſions, which might Countenance this Attempt,
but found out many Dangers and Imaginary Fears and Jealouſies which
had no other Foundation but their own Politick Fancies.
Before we proceed any further, in regard Mr. Pym's report of what
was done during the Receſs is very conciſe, I will give the Reader an
account of ſome paſſages which I meet with in the Prints which then
went abroad, by which he may ſee what effect this Declaration of the
Houſe of Commons had upon the Affairs of the Church, and how quiet-
ly and without Tumultuous diſturbances, the Godly Party did, accor-
ding to the laſt Clauſe of the Declaration, attend the intended Reforma-
tion.
For at St. Giles's Cripple-Gate, the Sectaries, and the Orthodox were
got almoſt to Daggers drawing, the one about Executing the Order of
the Houſe of Commons, the other for preſerving their Church in its
ancient condition, with the Rails about the Communion Table : But in
the End, it ſeems the Church was for that time ſecured ; and the
Church-Wardens and Pariſhioners preſented a Petition to the Com-
inittee, that the Rails about the Communion Table might not be taken
away, ſetting forth among other Reaſons, for that they have been pla- An Innovation
ced To near upon Fourſcore years, and the neceſſary Uſe, Decency and of 80 years
Convenience of them in the Adminiſtration of the Holy Sacrament. ſtanding.
But notwithſtanding this Preſcription to their quiet Poſſeſſion, they
were by the Committee condemned as an Innovation, and the Petitio-
ners were referred to the Order of the whole Houſe upon it, and dif-
miſſed with a menace to ſubmit unto it, or to anſwer their contempt
at their Peril.
Upon Tueſday the 5th of October, a complaint was made againſt a
Church-Warden, and ſome others of the Pariſh of St. George's in South
wark, for ſome reſiſtance made by them about the Rails taking down
which were about the Communion Table, and they were ordered to at-.
tend the Committee on Friday following; for where the Zealous Re-
Vol. II.
·
formers
+
Rrr 2
.
1
,
-
:
1
.
492 An Impartial Collection of all the memorable Events
1
t
The Trained
bands raiſed
to Guard tlie
Parliament.
Oktober, formers were not ſtrong enough to execute the Order by Force and Vio-
1 641. lence, Rudeneſs and Tumult, they had ever recourſe to the Trade of In-
formning.
But where they liad ſtrength, there they carved out their own ſatis-
faction, breaking down the Carved work of the Houſes of God with
Axes and Hammers, and in St. Mary Wool-Church, London, not content
to pull down the Rails, they fell upon the Eaſt Window, which was fair-
ly beautified with Painting of ſeveral Hiſtories of the Bible, and in the
height of their Zeal againſt Innovations, made bold to exceed the Limits
the Commons Declaration, utterly defacing and beating it in pieces,
as they did ſeveral other Monuments of Antiquity in that Church.
Complaint was made again Dr. Heywood of St. Giles's Church, for not
ſuffering the Order to be read in his Church, upon which he was Order-
ed to attend upon the Committee upon Saturday following.
There was likewiſe a Petition delivered againſt Mr. Booth Miniſter
of St. Botolphs Alderſgate, for not permitting the Rabble of Sectaries
to pull down the Rails, &c.
Another Petition was preferred againſt Dr. Fuller Dean of Ely, for
oppoſing the Order about Lecturers, the Zealots being deſirous to ſet
up Mr. Sedgewick, a Factious Miniſter, to preach a Thurſday-Lecture in
his Pariſlı.
This day the whole Trained Bands of Weſtminſter attended all the
day long in Arms, in the Paláce Yard, till both the Houſes roſe; when
they received Directions from the Earl of Elex to divide their whole
number, being about 500 Men-into four parts, for that it would be too
hard duty for the whole Band daily to attend, and alſo to watch by
Night, therefore one hundred miglit attend for the Day, and be relieved
at Night for a Corps du Guard, and by this means they might alterna-
tively be eaſed.
The Commons reaſſumed the Debate concerning the Danger of the
Times, and Ordered that another Head of the Conference with the
October 21.
Lords ſhould be to move, That an Expreß be ſent to the Committee of both
Houſes in Scotland, to let them know, That the Parliament takes well
the Advertiſement, and that they conceive the Peace of that Kingdom
concerns the Good of this Kingdom; and that if there be any Tumult to
oppoſe the Acts Confirmed by both Kingdoms, and that his Majesty will
Command any Aſſiſtance to Suppreſs them, that both Houſes will be ready
to maintain his Majeſty in his Greatneſs, and to ſuppreſs thoſe that are
diſturbers of the Peace.
It was alſo further deſired at the Conference, That Sir John Berkley
and Daniel Oneal, who had rendred themſelves to the Committee during
the Receſs, might be Examined by the Lords in the ſame manner, as the
others who were ſuſpected of the Confederacy, had been ; and it was
particularly Ordered by the Lord's, That Sir John Berkley be Examined
concerning what ke reported of the Lord Admiral's Advice to him to come
over into
England, he being fled upon a fufpition of having a hand in the
late Treaſon of bringing up the Northern Army againſt the Parliament.
A Complaint was brought into the Houſe againſt the Curate and
ſome Pariſhioners of Cripplegate, for not obeying the Order of Sept.8th
for Reformation ; Upon which occaſion, Sir Edw. Deering, whom for
his laſt Speech the Faction began to diſlike, ſpake as follows.
1
Thurſday,
:
1
:
Mr. Speaker,
-
)
1
LP
TU
pl
It
11
4.
FI
1
1
.
from the Scotch Rebellion to the King's Murtber. 193
T
O&tober,
1 641.
4
1411
12
H
1
M
ܙܢܪ
1 - 1
Mr. Speaker;
IT:
T is very true ( as is initanced unto you) that your late Order and declara-
Sir Edw.Deer.
tion of the eighth and ninth of September, are much debated and diſputed
ing's Speech
abroad : perhaps it may be a good occaſion for us to re-diſpute them here.
about the Or-
The intent of your Order, to me, ſeems doubtful, and therefore I am bold der of the 8th
for my own inſtruction, humbly to propound two Quæres.
of September,
1. How far an Order of this Houſe is binding ?
Off. 21. 1641.
2. Whether this particular Order be continuant or expired ?
Your Orders (I am out of doubt are powerful) if they be grounded upon the
Laws of the Land. Upon that warranty, we may by an Order, enforce any
thing that is undoubtedly To gmunded: and by the fameRule we may abrogate
whatſoever is introduced contrary to the undoubted foundation of our Laws:
But Sir, this Order is of another nature, another temper: eſpecially in one
part of it. Of which (in particular) at ſome other time.
Sir, There want not ſome abroad, men of Birth, Quality, and Fortunes ;
ſuch as know the ſtrength of our Votes here as well a fone of us : ( I ſpeak my
own Infirmities) men of the beſt worth, and of good affiance in us, and no way
obnoxious to us : They know they ſent us hither as their Truſtees, to make and
unmake Laws. They know they did not ſend us hither to Rule and Govern
them by Arbitrary, Revocable, and Diſputable Orders: eſpecially in Religion:
No tiine is fit for that, and this time as unfit as any. I deſire to be inſtructed
herein.
Mr. Speaker, in the ſecond place, there is a Queſtion whether this Order
(whereupon your preſent complaint is grounded) be permañént and binding,
or elſe expired, and by our ſelyes deſerted.
I obſerve, that your Order being made the eighth of September, in hope then
of concurrence therein by the Lords; that failing, you did illúe forth your
laſt reſolution by way of declaration the ninth of September, wherein thus you
expreſs your felf. --That it niay ivell be hoped, when both Houſes shall meet
again, that the good propoſitions and preparations in the Houſe of Commons, for pre-
venting the like grievances, and reforming the diſorders and abuſes in matter of 'Re-
ligion, may be brought to perfe&tion : wherefore you do expect that the Commons of
this Realm do in the mean time(What? obey and perform your Order' made
the day before ? No ſuch thing but in the mean time) - quietly attend the Re-
formation intended.
Theſe are your words, and this my doubt upon them: whether by theſe
words you have not ſuperſeded your own Order. Sure I am, the words do
bear this Sence, and good men inay think and hope it was your meaning.
My humble Motion therefore is this: I beſeech you to declare; that upon this
our Re-convention, your Order of the eighth of September is out of Date : And
that the Commons of England muſt as you ſay quietly attend the Reformation
intended, which certainly is intended to be perfected up into Acts of Parlia-
ment. And in the mean time that they muſt patiently endure the preſent Laws,
until you can make new or mend the old. *
The Commons fell again upon the Impeachment of the Biſhops, and
Friday,
a Meſſage being ſent to the Lords to deſire they might be put to a ſpeedy 08łob. 22.
Anſwer; the Tenth of November was given the Biſhops for a day to give
in their Anſwer to the Charge.
:
1
...
A Letter was then read in the Houſe which was to be ſent to the
Committee in Scotland. Which was as followeth :
HE Advertiſement which you have given in
your
Letters of the
141h of this Month, concerning the Deſigns againſt the Perſons of the to the Com-
Lord. Marquiſs Hamilton, ithe Earls of Argyle and Lannerick, hath been mittee in scota
communicated to both Houſes
, who do
very much commend
and)
The Letter
your Wiſdom
+
t
.
r
.
494 An Impartial Colle&tion of all the inemorable Events
October,
I 6 4:I.
and Diligence in ſending them timely Not ice of an Accident of ſuch great
Conſequence to the Peace both of this and that Kingdom, and do give you
Thanks for your Care therein; and I am to let you know, That We have
received no other publique Intelligence thereof. Wiberefore the Deſire of
both Houſes is, That ſo long as you ſtay there, you continue to Inform the
Houſes of Parliament of the Further Proceedings in this matter, and ſuch
other Accidents as may any way concern the Safety of both Kingdoms, and
thereupon they have thought good to make further addition to your former
Inſtructions touching ſome things which they conceive fit to be repreſented
to his Majeſty, from the Lords and Commons of this Parliament here, as
you may perceive by the incloſed which I am Commanded to ſend to you,
and to commend to your Care and Wiſdom, not doubting but you will fully
anſwer their Expectations and Confidence. And for the performance here-
of, their Pleaſure is, That you ſhould continue there to wait upon his Majeſty
till you receive further direction, or that his Majeſty be pleaſed to come
away for England.
Inſtructions of the Lords and Commons in Parliament, to the Committees
of both Houſes now Attending his Royal Majeſty in Scotland.
.
A
I.
CC
Additional
Inſtructions
to the Com-
mittee in
Scotland.
Y
66
CG
(6
C
* The Debate - Weſtminſter,
1
Ou ſhall acquaint his Majeſty, That by your Advertiſement,
both Houſes have taken Notice of the Examinations and Confef
“ fions taken in the Parliament of Scotland, concerning a malicious de-
ſign affirmed to be undertaken by the Earl of Craford and others
againſt the Perſons of the Marquiſs of Hamilton, the Earls of Argyle
and Lannerick, having taken the fame into Conſideration, they have
good Cauſe to doubt, That ſuch ill-affected perſons as would diſturb
" the Peace of that Kingdom, are not without ſome malicious Corre-
“ ſpondence here; which, if thoſe wicked-Purpoſes had taken Effect in
Scotland, would have been ready to attempt fome ſuch miſchievous
“ Practices as might produce Diſtempers
. and Confuſions in this King-
dom, to the Hazard of the Publique Peace: for prevention whereof,
they have given Order for ſtrong Guards in the Cities of London and
Weſtminſter, * and have reſolved to take into their Care the Security
of the reſt of the Kingdom. i.
1 1.
" You ſhall further declare to his moſt Excellent Majeſty, That the
States of his Parliament here do hold it a matter of great Importance
to this Kingdom, That the Religion, Liberty and Peace of Scotland
“ be preſerved, according to the Treaty and Articles agreed by his Ma-
jeſty, and confirmed by Act of Parliament, of which they are bound
to be careful, not only by Publique Faith in that Treaty, but by their
Duty which they ow to his Majeſty and this Kingdom; becauſe they
“hold it will be a great means of preſerving Religion, Liberty and Peace
" in England, Ireland, and his Majeſty's other Dominions; and the
« Union of all his Loyal Subjects in maintaining the Common good of
all, will be a fure Foundation of Honor, Greatneſs
, and Security to
his Royal Perſon, Crown and Dignity: wherefore they have reſolved
to Employ their Humble and Faithful Advice to his Majeſty,the Power
" and Authority of Parliament, and of this Kingdom, for Suppreſſing of
all ſuch as by any Conſpiracy, Practice, or other Attempts hall endea-
Y
abour thie Re-
monſtrance of
the State of
the Kingdom,
in order to
their poſſeſ.
fing them-
ſelves of the
Militia, was
many Wecks
before in the
Houſe, only
this was a fair
occaſion for
૮
CC
CC
the attempt.
.
"
vour
.
1
.
1
1
66
1
CC
from the Scorch Rebellion to the King's Mürtker. 495
vour to diſturb the Peace of Scotland, and to infringe the Articles and petober,
" the Treaty made betwixt the Two Kingdoms.
1 641.
u
III
.
You ſhall likewiſe inform the King, That whereas Orders have
been given by his Majeſty, with the Conſent of Parliament, for the
Distanding the Garriſons of Carliſle and Berwick, the firſt where-
of is already wholly disbanded,and all the Horſe, and Eight Companies
of Foot ſent out of Berwick and only FiveCompanies remaining, which
“ likewiſe fiould have been disbanded at or before ther5th of this Month,
if they had not been ſtayed by his Majeſties Command ſignified to
Sir Michael Ernley Lieutenant Governor, according to direction in
“ tliat behalf: and whereas by Order of Parliament Ships have been ſent
" for the Tranſporting his Majeſties Munition, Ordnance and other Pro-
viſions in that Town and the Holy Iſland,all which have been of very
great Charge to the Commonwealth, thie Commons now Aſſembled in
« Parliament, have declared, That
they intend to be at no furtherCharge
“ for the longer ſtay and Entertainment of thoſe Men, or for the. De-
murrage
of the Ships, if, by occaſion of this direction they be kept
out longer than was agreed upon.
Ordered, That Mr. Speaker do write a Letter to Mr. Secretary Vane,
that in caſe the Cornmittee of both Houſes be come out of Scotland before
the Letter and Inſtructions now to be fent can be delivered there unto
them, that then he ſhall be deſired by this Houſe to preſent the ſame unto
his Majeſty.
Saturday,
OEtob. 23
This day upon the humble Requeſt of the Biſhop of Rocheſter, on his
own behalf and the reſt of the Biſhops, which are impeached by the Biſhops im-
Houſe of Commons before their Lordſhips concerning the late Canons, peached to
&c. It is Ordered, That Mr. Serjeant Jerman, Mr. Herne, Mr. Chute,
and Mr. Hales, being publiquely named in this Houſe by the ſaid Biſhop,
and approved of by the Houſe, Jhall le aligned to be of Counſel with the
Biſhops that are impeached ; With this Proviſo nevertheleſs, That if any
of the ſaid Counſel Jhall upon juſt Cauſe deſire to be Excuſed, here, and the
Houſe approve of the ſaid Excuſe, That then he or they shall not be com
pelled to be of the ſaid Biſhops Councel as aforeſaid.
The Commons being met, there was a Report made of certain
Troopers, who had made a diſturbance about a Tavern-Reckoning, and
the Guard in the Pallace-Yard being called to quict them, they fell
upon them and cut the Drum; but being taken and committed to Cu-
ſtody, and one of them ſaying in Bravado, That there were a thouſand
of them about the Town, who if they were there, would help them, and
make the Pallace too lot for the Guards, they were Ordered to be fenit
to the Lords Bar to receive their Cenſure for this Misdemeanor.
But it ſtruck ſuch a fear into ſome of the Members of the Com-
mons Houſe, that they immediately Voted what they had ſo often de-
nied the King, though his Word and Honor were engaged to the Span-
iſh Ambaſſador, to let him have ſome of the disbanded Troops ; for it
Reſolved, &c. That the Houſe is of Opiuion, and holds fit, that Orders Votes to let the
ſhould be ſent to the Officers of the ſeveral Ports, requiring them to permit diers paft be-
all ſuch Soldiers of the laté disbanded Army, as ſhall defire it; to paſs yond Sca.
beyond
,
Order for the
haye Counccl.
+
$
5
w
was
I
1
..
-
1
INI
Ł
"!
1
.
1
, 18
---
lains Noble-
men, dc.in
the Bill a-
1
lities.
496 An Impartial Collection of all the memorable Events
Oktober, 1 beyond the Seas; provided, that they take ſuch Oaths, and perform ſuch
1 641.
other Duties as are uſually required according to the Laws.
Reſolved, &c. That this Houſe is further of Opinion, and holds it
fit, That ſuch other Soldiers of the late disbanded Army, as are Strangers,
and not Subjects, or Natives of this Kingdom, Mall have liberty to paſs out
of this Kingdom, and to receive Entertainment of any Forreign
Prince.
Sir Gilbert Gerrard carries up the Bill for diſabling all Perſons in
Holy Orders, to exerciſe any temporal Juriſdiction or Authority, and
acquainted the Lords, That the Houſe of Commons deſired there might be
all ſpeed in the paſſing of it, for it much concerns the good of the Commor-
Wealth.
Thanks given The Lord General, the Earl of Holland, being now returned and ha-
to the L.Geving at a Conference given an Account of the disbanding of the Army,It
HouſeofLords. was Ordered by the Lords, That this Houſe gives Thanks to the Earl
of Holland, late Lord General of his Majeſties Army in the North, for his
Lordſhips great Care and Diligence in disbanding the ſaid Army, ſo happily
for the preſervation of the Safety and Quiet of the Kingdom, which ac-
cordingly was done immediately by the Lord Keeper in the Name of the
Houſe.
Upon the reading of the Bill againſt Pluralities and Non-Reſidence af-
Proviſo for
ter the debate of the Houſe, thele Lords Committees following were
Kings Chap-
appointed to take into conſideration, the King's Chaplains, the
Priviledges of Noblemen, and the Heads of Colledges in the two
Univerſities, and alſo to conſider of a Proviſo, That every Parſon or
gainſt Plura-
Vicar,that lives from his Living, ſhall provide an able Curate to ſupply the
Living, allowing him a Moiety thereof clear of all Charges, and the Par-
Son to Nominate the Curate, with the Conſent of the Patron. Committed
to the Lord Privy Seal, Marquiſs of Hartford, Lord Admiral, Lord
Chamberlain, E. Southampton, &c. Lord Chief Juſtice of the Com-
mon-Pleas, Mr. Juſtice Heath, Mr. Juſtice Mallet Aſiſtants, their Lord
fhips, or any Seven of them, to meetat Nine a Clock to Morrow Morn-
ing in the Painted Chamber.
Monday,
Upon a Motion made by Mr. Pym, it was Ordered, That the Bur-
O&tober 25. geſles of Weſtminfter, and the Knights for Middleſex, ſhall take Care
Order to pro- for the providing of Bullets and Match for the Soldiers, and a convenient
Bullets for the Place for them to ſtand dry in.
Mr. Pym declares, That" he received a Letter from a Porter, at the
A Plot againſt Door of the Houſe, and upon the opening of it, a Plaiſter which came
from a Wound, full of Corrupt Matter dropt out of it, and that the
Letter contained many Menaces, and much railing againſt him. The Por-
ter being.examined, Jaid, a Gentleman on Horſe-back in a Gray Coat, gave
him twelve. Pence for the ſpeedy delivery of it. What ever the Mat-
ter was, it made a mighty Noiſe both in the Houſe; and out of the
Houſe, in the City and Country, for Mr. Pym. was then one of the
greateſt Idols of the Faction. All the Art imaginable was uſed to find
out the Author of this dangerous Attempt, to infect Mr. Pym with the
Plague, but to no purpoſe, for many Perſons believed it, to be only a
Plot of his own inventing againſt himſelf
. However one Mordant was
taken upon Sufpition, and Examined, but there being no Proof againſt
him he was acquitted.
Tueſday,
Captain Ven brought in the Complaints of the Godly and Well-Af-
Oktober 26. fected Party, againſt Mr. Hutton Curate of St. Giles Cripple-Gate
. For
that
t
+
1
Guard.
Mr. Pym.
#
.+
i
1
.
.
4
41
1 641.
.
1
the Houſe.
1
from tbe Scotch Rebellion to the King's Murther. 497
that on the Day of Thankſgiving, he would not ſuffer any one to Preach but | O&tober,
himſelf.
2ly. That inſtead of Preaching in the Afternoong he only read the Bi-
ſhop of Lincoln's Prayer.
3. That be refuſed Mr. Sedgewick to preach there as Le&turer.
Whereupon it was Ordered, That Mr. Hutton Curate of Cripple-
Gate, be taken into Cuſtody for Con:emptuous Speeches
, againſt the Orders of
The Houſe then fell upon the debate of the Impeachment of the
Thirteen Biſhops, and great bandying of the Matter there was; for the
difficulty was, by what Name this Heinous Offence of the Biſhops The Commons
ſhould be called ; and many of the Lawyers being in Weſtminſter Hall, in great per-
it was Ordered, That the Serjeant ſhould immediately give Notice to name to give
all the Lawyers, and others in Weſtminſter Hall, to attend the the Crime of
the Biſhops,
Houſe.
for makingthe
Mr. Hollis thought fit that the Biſhops ſhould be charged with High Dew Canons.
Treaſon; but ſome of the moſt Eminent of the long Robe affirmed,
they might as well Call it Adultery as Treaſon; and after all that could
be faid upon the Subject it was
Reſolved upon the Queſtion, That the Debate concerning the naming
of the Crime of the Biſhops in making the last New Canons, ſhall be at this
time laid aſide.
Reſolved, &c. That no certain time ſhall be noiv appointed, for the fur-
ther Debate of the Buſineſs concerning the Naming of the Crime in the Bi.
shops, for the making of the laſt new Canons.
Mr. Pym Reports the Conference with the Lords, The Lord Keeper conference a-
declared that he had received a Letter from his Majeſty, wherein he bout a Letter
ſignified, That though extraordinary Occaſions had kept him there longer from the King.
then be expeéted, ſo that he was forced not to be ſo good as his Promiſe
and Intention, yet he did aſure them, he would make all the haft back to
them that he could.,
The King's Letter was in theſe Words.
4
+
1
1
1
SHE
4
14
Lo
*
My Lord Keeper,
Ince that by the Neceſſity of My Affairs, I am detained here ſo long, TheKing'sLet-
that I cannot be at the Dopin-Sitting of the Parliament, I have her to the L.
Keeper
thought it fit by theſe Lines, to direct you to tell both Houſes in My Name,
that as this My long Abſence, is beyond My Expectation, ſo it is againſt My
Deſire ; and that I will make all the Dillgence, that the Weightineſs of
theſe Affairs will poſſibly permit to return, and ſo I reſt
Edenborough the 20th
of Ołtober 1641.
Your Aſſured Friend
Charles R.
Judge Berkley
This day Sir Robert Berkley Knight, one of the Judges of the King's at the entry
Bench, was brought as a Delinqueat to the Bar of the Lords Houfe, and the Lords.
the Lord Keeper told him, that he was now to hear the Impeachment
of High-Treaſon brought up againſt him, from the Houſe of Commons
read, which being done
He gave their Lordſhips HumbleThanks for their Juſtice,in calling him
to make his Anſwer, and acknowledged the Juſtice of the Houſe of Com-
Vol. II.
SIS
mons,
.
9
A
398 An Impartial Colle&tion of all the memorable Events
Oktober, mons, that they have deſired he might make his Anſwer to his Charge,
I 641.
and be Proceeded in according to Juſtice. And withal, he made it his
earneſt Requeſt to their Lordſhips, that they would permit him a lit-
tle time now to ſpeak ſomewhat to the Particulars of his Charge, and
having obtained Leave of the Houſe ſo to do, he made a long Relati-
on upon the particular Articles of his Impeachment, and concluded with
this his Plea and Anſwer, That he is not Guilty in Manner nor Form, as is
laid againſt him in his Impeachmento
After which he humbly preſented to the Houſe a Petition, deſiring
their Lordſhips to take their Particulars into Conſideration.
Hereupon he withdrew, and his Petition was read in bæc verba.
.
To the Right Honorable the Lords Af
ſembled in Parliament.
The Humble Petition of Sir Robert Berkley one of the Judges of
his Majeſties Court of Kings-Bench.
.
-;
I
The Petition
of Judge Berk:
ley to the
Lords, October
26. 1641.
+
L
1
.
i
Y
Our Lordſhips having, as your Petitioner conceiveth, appointed
Tueſday the next Week, being the ſecond of November next for
your Petitioners Tryal, he moſt humbly prayeth,
That your Lördſhips will be pleaſed to grant unto him, your Lordſhips
preſent Warrant for ſuch Witneſſes, as he ſhall have Cauſe to uſe at his
Tryal.
That your Lordſhips will be pleaſed to admit, and if need be, to aſign
him Councel, for his neceſſary Defence in Point of Law, which may happen
upon the Matter of High Treaſon, of which he is impeached, and in
Point of Law and Fast, upon the Matters of Miſdemeanors, of which he is
Impeached.
That for the few Daies, until the time of his Tryal, he may remain in
the Cuſtody of the Sheriff of London, where he hath remained a true Pri-
Soner, for almoſt three Quarters of a Tear, in whoſe Houſe all his Collecti.
ons and Papers are for his Defence,
And that be may have your Lordſhips Licenſe, to go with a Keeper.to
Serjeants-Inn, to look out Some Papers which he hath there, and ſhall have
Occaſion to produce at his Tryal, as alſo, there to Confer and Adviſe withi
ſuch Councel as your Lordſhips ſhall pleaſe to admit, or Allign unto
bim.
And your Petitioner according to his bounden Duty ſhall all.
ways pray, for the continuance of your Lordſhips Honor
and Happineſs, &c.
The Names of ſuch Councel, as your Petitioner moſt humbly de-
fires are, The Princes Attorney, Mr. Recorder of Londo11
, Mr. Herne,
Mr. Thorp, Mr. Fountain, Mr. Bierley, Mr. Lightfoot, Mr. Brome.
*Subſcribed, Robert Berkley.
Before the Houſe reſolved of any Anſwer herein, the Houſe was
wieldraw bes Adjourned into a Committee, to conſider whether the Biſhops ſhould
Charge.
not withdraw, during the Agitation of this Buſineſs, it being a mixt
Charge of Treaſon, as well as Miſdemeanor, after a long Debate the
Houſe
:
re
!
The Biſhops
:
A
1
.
F
1
I 6
4 I.
from the Scotch -Rebellion to the King's Murther. 499
Houſe was reſumed, and it was agreed, That the Matter of Trca on October,
ſhould be first Ordered, at which the Billiops are to withdraw, and when
the Matter of Misdemanor come into Agitation, they are to come into this u
Houſe again to their Places.
Hereupon the Biſhops withdrew themſelves, and after a long De-
bate it was Ordered, That Mr. Justice Berkley fall have a Warrant
for to bring ſuch Witneſſes, as he ſhall have Occaſion for, to teſtifie for
him at his Trial in Matters of Miſdemeanors, but not in Matiers of
Trealon.
Then the Lords the Biſhops were called in, and the Lord Keeper de-
claring unto them the Senſe of this Order, they gave their Conſents
thereunto.
And further it was Ordered, That the Princes Attorney, Mr. Recorder
of London, Mr. Herne, Mr. Bierly, Mr. Thorp, ſhall be alligned of Council,
for Mr.Juſtice Berkley in Point of Law, which may happen upon the Matter
of Treaſon, and in Point of Law and Fact upon the Matters of Miſdemeanor
at his Trial the ſecond of November next.
And that the ſaid Fuſice Berkley ſhall ſtill remain in the Cuſtody of
George Clerk Eſquire, one of the Sheriffs of the City of London, where
he is now, and that he have Liberty to go to Serjeants Inn in Fleet-
Street one Day when he ſhall think good, with bis Keeper, to look out
ſome Papers which he hath there, and ſhall have Occaſion to uſe at his
Tryal.
Then Mr. Juſtice Berkley was called in, and the Lord Keeper pro-
nounced the aforeſaid Order to him, for which he gave their Lord-
ſhips moſt humble Thanks.
Mr. Warwick Reports, That there were Directions given from his Ma- Five conge de
jesty, for the drawing up of Five Conge d' Eflires for the making of Efires for
Five New Biſkops, viz. Dr. Prideaux, Dr. Brownrick, Dr. Holdsworth, to be peridion-
Dr. Winniff and Doftor King. Upon which Mr. Strode moves the ed to be
ftayed.
Houſe to ſend up a Meſſage to the Lords to deſire them to joyn in
Petitioning his Majeſty for the ſtaying the making of theſe new
Biſhops, till the Charge againſt the other Biſhops was diſpatch-
ed.
This day Information was given into the Houſe of Lords, that ſince
the Act for bounding the Forreſt, many Riots were committed upon
the occaſion of killing of Dcer, pretending they were not within the
Bounds of the Forreſt, and that in Oxfordſhire in one of thoſe Fraies a
Keeper was killed.
It was alſo moved that the Bill for diſabling Perſons in Holy Or-
ders from exerciſing Temporal Juriſdiction, might not be read at pre-
ſent, it having been voted againſt, as to the Subſtance in a former Bill
this Seſſions, but it was ordered to be read a ſecond time to morrow
Morning peremptorily.
Mr. Pym Reports the Reaſons for Excluding the Thirteen Biſhops, Wedneſday,
in order to the delivering them at a Conference with the Lords, and Etober 27,
deſires that Mr Solicitor may have the mannaging of the Buſineſs.
On the other Side Mr. Solicitor excuſed himſelf, and deſired that Mr.
Pym might manage it, whereupon it was, to end the Conteſt Orde-
red, That Mr. Pym and Mr. Solicitor ſhould have the mannaging of the
whole Buſineſs concerning the Biſhops ; and accordingly they did ſo, at a
Conference with the Lords upon this Subject.
.
Vol. II.
SSS 2
The
1
1
!
500 An Impartial Collection of all the memorable Events
+
Mr. Pym's
C6
1
Conference a-
bout Exclu-
C
Biſhops im-
CC
27. 1641.
CC
..
3
C
1
I.
CC
Otober,
The Lord Privy Seal Reported the Conference yeſterday with the
1641. Houſe of Commons concerning Biſhops, viz.
Mr. Pym declared from the Houſe of Commons, That there is no-
Speech at the
thing of greater importance to the ſafety and good of the Kingdom,
then that this High Court of Parliament, which is the Fountain of
ding the Bi-
Juſtice and Government, ſhould be kept pure and uncorrupted, from
ſhops from
Voting in the Corruption, free from Partiality and by-reſpects ; this will not only
Caſe of the 13
add Luſtre and Reputation, but Strength and Authority to all our
Actions : Herein, he ſaid, your Lordſhips are ſpecially intereſſed, as
peached, 08.
you are a Third Hltate by Inheritance and Birth-right; ſo the Com-
mons are publickly intereſſed by Repreſentation of the whole Bo-
dy of the Commons of this Kingdom, whoſe Lives, Fortunes and
Liberties are depoſited under the Cuſtody and Truſt of the Parlia-
ment.
He ſaid, " The Commons have commanded him, and his colleague
“ Mr. Solicitor General, to preſent to your Lordſhips two Propoſitions,
« which they thought very neceſſary to be obſerved and put in Execu-
tion at this time.
That the 13 Biſhops which ſtand accuſed before your Lordſhips
“ for making the late pretended Canons and Conſtitutions, may be Ex-
" cluded from their Votes in Parliament.
That all the Biſhops may be ſuſpended from their Votes upon
« that Bill intituled, An Act to diſable all Perſons in Holy Orders to
“ exerciſe any furiſdiétion or Authority Temporal.
“ The firſt of theſe is committed to his Charge, and he ſaid he was
commanded to ſupport it with three Reaſons.
Firſt, “That 'the 13 Biſhops have broken that Truſt to which every
Member of Parliament is obliged, which Truſt is to maintain,
(1.) “The Prerogative of the King.
(2.) “The Priviledge of Parliaments.
3.) “The Propriety of the Subject.
(4.) “The Peace of the Kingdom.
And this Truſt they have broken, not by one Tranſient Act, but
by ſetting up Canons in Nature of Laws, to bind the Kingdom for
“ That the Canons are of this Nature appears by the Votes of both
Houſes, and that they were all Parties to the making thereof, appears
by the Acts of that Synod. The Book it felf the Commons cannot
“ tender to your Lordſhips, becauſe they ſent for it, but he that hath
the Book in Cuſtody was out of Town, but a Member of their own
Houſe
upon View of it, is ready to Depoſe, that their Names were
“ Entred among thoſe that did ſubſcribe to it.
Wherefore the Houſe of Commons deſire your Lordſhips in the firſt
place to conſider, whether they that take to themſelves a Legiſlative
Power, deſtructive to Parliaments, be fit to exerciſe that Power of ma-
king Laws, which only belongs to the Parliament.
Secondly, whether it be ſafe for the Common-Wealth, that they
ſhould be truſted with making Laws, who as much as in them lay,
have endeavoured to deprive the Subject of theſe good Laws which
are already made.
A third Reaſon is this, That they ſtand Accuſed of Crimes very hai-
nous, That is of Sedition : Secondly, of Subverſion of the Laws of the
Kingdom;
<C
ever.
CC
IC
16
(C
(
CC
+
C
1
CC
(6
I 641.
bout Exclu.
છે
ment.
CC
cc
66
CC
from the Scotch Rebellion to the King's Murther.
501
Kingdom ; this will eaſily appear in the Nature of the Canons them-
Oitober,
ſelves, as alſo by the Votes to which your Lordſhips and the Commons
have already agreed.
Here the Votes of both Houſes were read, by Mr. Goodwiń.
For the ſecond Propoſition, he ſaid, “That ſhould be handled by one
that will do it with more advantage of Reaſon and Learning then he
could do, therefore he would leave it to him.
Then Mr. Solicitor General informed their Lordſhips, “That the Ex- Mr. Sollicitor
cluding of the Biſhops from Votes in Parliament was not of ſo general Specchierea
Conſequence, as that by it the whole Clergy of England was Exclu- Conference a-
ded.
ding the Bi-
I. His firſt Reaſon offered was this, “That the Biſhops did not vote ſhops Vores.
for the whole Clergy; for that if it ſhould be ſo, then the Clergy of
England ſhould be twice repreſented, and twice Voted for in Parlia-
This appears by all the Ancient Writs of Summons, which till of
late were to this effect ; A Writ of Summons went to the Biſhop com-
manding him, Summonire all the Clergy of his Dioceſs to appear by
“ Proxies of their own chuſing : What to do. Ad conſentiendum iis
quæ
de Communi Concilio Regni ordinari Contigerit. So that if the Biſhops
“ do repreſent the Clergy, then the Clergy are twice repreſented, both
by: the Proctors, and again by the Biſhops. Now although the
Form of the Writs be altered, yet, the Reaſon holds, and ſtill Re-
mains.
2. "If they Vote for the Clergy; then they are to be Elected by the
Clergy, as the Members of the Commons Houſe now are ; but your
Lordſhips voting only for your felves, need no Election.
3. “If they Voted for the Clergy as a third Eſtate, then would fol-
“ low thát no Actof Parliament could be good, where they did Diſſent :
“ but many Acts of Parliament, are paſſed, where all the Clergy Diſſen-
« țed : And the latt, he ſaidthat came to his memory is the Statute of
1: Eliz. Eſtabliſhing the Book of Common-Prayer, to which all the
Biſhops did Diſaffent. *' The Entry in the Roll is
, Diſfentientibus * There is no-
Epiſcopis
, and yet the Statute holden for a good Law to this Day. from this En-
«. This was offered to thet, That it might not be conceived, that the try,then that
denying the Billiops to have Votes in this Bill now before your Lord- clic Biſhops
fhips, was of fuck general Infuence as to take from tủe Clergy any In- elle how could
a tereſt or Privileages that formerly belonged to them.
they be en-
11. 2017
2.) In the ſecond plače; he ſaid, “ He was to preſent the ſence of the the brings te
Whiole Houſe of Commons to your Lordſhips, That the Prelates have for a preſident
“not fo abſolüte - a Right of Peerage for voting in Parliament, as the to prove they
ought not.
Temporal Lords-liave out of Parliament: This appears by that of
higheſt Conſequence, that they are not tryable by their peers for
their Lives, but by an ordinary Jury. În Parliament they have no
Vote in Judgment of Blood; Life, or Member, but if their Peerage
were ſo inlieferit in them as it is in the Temporal Peers, no Eccle-
“ fiaſtical Cànons could take it from them: Beſides, in point of Right it
“ hath been Reſolved by all the Judges of England, 9 H. 8. in Kella-
“ way's Reports, That the King may hold his Parliament by the Lords
Temporal and Commons without calling of the Biſhops ; and that
upon
to
CC
4
CC
(6
(C
tred to diſar-
, and yet
CC
CC
(
-
1
(
ir
co
;
T
C
* Ergo they
did Vote and
were not Ex-
cluded from
6.
even in their
own Caſc.
* and
* This is grao
is
tis di&ium not
4.
502 An Impartial Collection of all the memorable Events
October,
upon ſeveral Occaſions, eſpecially concerning the Pope, or themſelves,
I 641.
the Biſhops have been excluded, and their Votes not admitted here-
in. He faid, He was commanded to offer ſome Preſidents to your
“ Lordſhips upon the ſudden.
“In the Parliament 25 of E. 1. The Biſhops refuſing to joyn with the
Lords and Commons, in granting of Subſidies for the good of the
Kingdom, this was holden at Bury, & Exclufo Clero, many Acts were
then made never ſince queſtioned. 35 E. 1. The Statute of Carliſle, di-
vers Petitions there exhibited by the Commons concerning thePrelatcs,
and Lords Abbots, for oppreſſing the poor Clergy, ſeveral Acts were
“ made for their Relief : but by whom : By the King, Earls, Barons and
other Nobles, and the Commons only: Now in reſpect the ſeveral
Ranks of the Nobility are named, * they did not conſent, becauſe
that in all other Acts, where they do conſent, they are particularly
named ; and if it be objected, that they might be there and might.
thar Righic of
their peerage
give a Negative, and therefore were not named among them that did
conſent ; it appears, that Habito tractatu cum Comitibus, Baronibus,
& cæteris Communitatibus, the King did Enact thoſe things,
never called the Biſhops to the Debate: this appears in the Parliament
proved at all
Book.
by the Roll.
20 E. 3. Parliament Roo! N. 33. The Commons Petition that no
allowance be made to the Cardinals that had been in France for
* Ergo the o Treating of Peace : In the Roll it is thus Entred, * Alented unto as
reaſonable by the Dukes, Earls, Barons and other the Lay Gents, with-
out ever naming the Biſhops ; now the word, others Lay Gents, ſhews
the Biſhops were none of the number that Voted in that Law.
Secondly it was to be noted, That in Acts where the particular
Ranks are ſet down, none of the Temporal Ranks have ever been
omitted, and if the Spiritualty had voted, they ſhould have been na-
med, though in Vote they had diſſented.
“ Eodem Anno Num. 35 ad Num. 38. There being two other ſeveral
“ Acts made upor: Petitions of the Commons, the one made againſt Pro-
« viſions for fome Cardinals, and the other to reſtrain the carrying of
Mony to Rome, the Anſwer is made as before, by the Dukes, Earls,
Barons and Commonalty, never mentioning the Lords Spiritu-
al.
3 R. 2. Cap: 3. & 7 R. 2. Cap. 3. There are in Print, Acts made by
the King and Lords Temporal only, without the Lords Spiritual :
The Statute of 7 R. 2. reciting the former Statute of 3 R. 2. which
ſaid our Lord the King by the Advice and common Aſſent of all the
“Lords Temporal, and Commons being in this Parliament Af-
ſembled, hath ordained ut ſequitur in the Act. And theſe Acts made
by the King, the Lords Temporal and Commons only, were upon the
“ Clamorous complaints of the Commons, about the giving of the Be-
nefices of England to ſtrangers, and others who never were Reſident
upon the Benefices.
CC
ther did dil-
ſeor.
6
HL.
C
06
i
This Report being made, the Houſe took the ſame into Conſiderati-
on, and for the better debate of the Propoſitions, the Houſe was ad-
journed into a Committee during pleaſure. And the Queſtion was
Whether thoſe Thirteen Biſhops that ſtood Impeached of thoſe Crimes by
the Huule of Commons, ſhall be ſuſpended from their Votes in this Houſe, un-
til they land Recti in Curia.
.
1
After
I
.
'
1
+
from the Scotch Rebellion to the King's Mürtber. 503
After a long debate herein, the Houſe was reſumed, and it is Or- Október,
dered, That the further conſideration of the Propoſitions which came from 1641.
the Houſe of Commons, and the Bill entituled, an A&t for diſabling Perilo
Sons in Holy Orders to Exerciſe any Temporal Juriſdiction fail be both
deferred until the Tenth day of November next.
A Meſſage was brought from the Houſe of Com!nons by Arthur
Goodwin Eſquire, to let their Lordſhips know, That whereas at a Confe-
rence Teſterday touching the Biſhops, wbich were Impeached for making of
Canons, the Houſe of Commons did tell their Lordſhips
, That they had a
Witneſs a Member of their Houſe, Mr. Wheeler, to prove that the ſaid
Biſhops did Subſcribe to thoſe Cancns, he having ſeen the Register
Book, with their Names written with their own Hands, all which he
is now ready upon Oath to prove, if their Lordſhips fball rest berein
Satisfied, the Register Book being in a Houſe, which is viſited with the
Plague.
The Reader will ſee by theſe Arguments of Mr. Solicitor St. John,
the utmoſt Strength of the Reaſon, which they had to exclude the
Biſhops from their Votes and Peerage.
Now in regard the ſame thing has been again moved, and the Ar-
guments revived by the Succellors of the ſame Faction, who ſtill re-
tain the old Principles and Kindneſs to the Lords the Biſhops, looking
upon them, as a kind of Supernumeraries in the Houſe of Lords, who
may well be ſpared, and not, as in reality they are, a third Eſtate ; to
ſtop the Progreſs ſo far as I am able of ſuch an Error, dangerous to the
very being, and Fundamental Conſtitution of our Parliaments, I here
preſent the Reader with a ſhort Abſtract out of the Learned Piece
writ
upon this Subject, Entituled, The Grand Queſtion concerning the
Biſhops Right to Vote in Parliament ix Caſes Capital, Stated and Ar-
gued, &c.
I confeſs I have not followed the Author's Method, nor was it poſſi-
ble to do it, without great Incorivenience, his Book being an Anſwer
to ſome Papers writ againſt the Peerigeand Juriſdiction of Biſhops, &c.
But I hope I have not done him, or the Subject any Injuſtice, by mak
ing ule of the Matter, and accommodating it more to my purpoſe,
which is among ſuch Infinite Plenty and Variety of Matter, to ſtudy
all the conciſeneſs and brevity I can.
I have therefore reduced the Subject to theſe four Heads.
Firſt
, That the Biſhops are Pares Regni, Peers of the Realm, and Peers
in Parliament.
Secondly, That they have a Right to Sit and Vote in Parliament
in all Caulcs whatſoever, even in Caufa Sanguinis in Capital Cafes.
Thirdly, That the Lords Spiritual, the Biſhops, are a third Eſtate in
Parliament.
Fourthly, To anſwer ſuch Objections as have been made againſt
their Peerage and Juriſdiction. Which Abſtract follows.
irft. Poſition, That the Biſhops are Pares Regni, Peers of the Realm, and an Abſtra&
Peers in .
The Author Learnedly proves, That as ſoon as ever Chriſtianity was ſettled Queſtion as
in theſe Northern Nations, Biſhops were admitted into all publick Councils and
age and Ju-
Courts of Judicature.
So he inſtances in France, from the Teſtimony of Marculphue, That the King elie Biſhops in
Sate in Judgment, unà cum Dominis, & Patribus noftris Epiſcopis, together with
Marculph.
the Lords and Fathers the Biſhops, and that the greater Cauſes were heard by Forw. lib. 1. c.
F
of the Grand
bour the Peer-
.
risdi&ion of
Parliament.
the
25.
.
!
4
1.
.:
C. 75. 5. C. 7.
.
Alem. An. T0.2.
7.12.
Herbart Stat.
262.
Adam Brem.de
Situ Dan.41.85.
504 An Impartial Collection of all the memorable Events
October, the King himſelf, or the Comes Palatii Epiſcopis & proceribus Aſſidentibus, the
1 641.
Biſhops and Nobility being Aſeſors with him.
In Spain, during the Gothick Race of Kings, the greateſt Affairs of State were
Concil.rolet. 4. managed by the greateſt of the Clergy and Nobility, as appears by the ſeveral
Councils of Toledo ; and particularly in the 13 Council,Cap. 2.A caſe of Impeach-
6.0.17.palem ment of Treaſon,was brought before them.And yet from one of theſe Councils
of Toledo, it is, that all the Duſt hath been raiſed, and the Canon Law object-
ed, urged againſt Biſhops, That they ought not to be preſent or concerned in
Caſes of Blood.
Goldaflus Rey.
In Germany, the firſt Laws that were publiſhed by Lotharius, were compoſed,
33 Biſhops, 34. Dukes, 72 Counts, beſides the People being preſent and allift-
drumeus de
ing; and Arıtmais a Proteſtant Lawyer informs us, that the Biſhops of Germa-
Comitiis n. 35. nry Sate in the Diet in a double Capacity, as Biſhops and Princes of the Empire,
C. 4.4. 98.
which Conſtitution he applauds as prudent for the Adminiſtration of Juſtice,
Honourable and ſafe for Religion.
Goldaft. Bobem.
In Bohemia, the fanie Goldaftus, a Proteſtant too acquaints us,
that there were
lib. 5. cap. I.
three Eſtates, Prelates, Nobles and Commons, till the time of Sigiſmund.
Decret. Ladift. In Hungary, ſo ſoon as ever the Chriſtian Religion prevailed and was ſettled,
the Laws were franied by the King, with the Advice and Conſent of Biſhops,
Nobles, and the whole Clergy and People.
Staravols. Por
In Poland, the Conſtitution of the Government is compoſed of the Biſhops,
lou .p. 263,
Barons, and Delegates, who are called Nuncii terreſtres, who are Summoned to
Regni pol.
the Dyet by the King'; and that with the entrance of Chriſtianity as the pub-
lick Religion, the Bilhops entred into the Senate and had the firſt Seat in that
Court.
In Norway, Denmark and Sweden, the fame Conſtitution entred with the pre-
Leccen. Antiq. valency of Chriſtian Religion. viz. Biſhops, Nobles, Knights and Depu-
Succo-goth. c.8. ties.
9Hs Aulicum
In England, after the Converſion of the Saxons, during the whole time of
Norvey.c. 3. C.
that Monarchy,
there is not in all our Records one Council wherein the Biſhops
36.
had not a part.
From whence the Author ſtrongly Argues, that it would be a very unaccoun-
table thing, that we of all the Nations of the Chriſtian World, who profeſs to
have the beſt Government and the beſt Reformed Religion, ſhould Exclude thoſe
from any ſhare in that Government, who were by all others admitted into it as
foon as they admitted the Chriſtian Religion to be the publick Profeſion of
thicit Country
That the Biſhops ſince the coming in of the Norman Race were always E-
ſteemed Peers of the Realm, and Peers of Parliaments; He brings ſeveral
undeniable Preſidents and Inſtances.
In the 21 of R. 2. a Repeal of a former Sentence againſt the Spencers being
Petitioned for in Parliament, theſe Errors were aſigned. Becauſe the Prelats,
Rot 55.56.21. Who arc Peers of the Realm, did not Aſſent to the Judgment; and becauſe it
was made only by the Earls and Barons, Peers of the Realm, &c. And becauſe
it was made againſt the Great Charter of England, in which it is contained that
no man ſhall be exiled or deſtroyed, but by the Lawful Judgment of his Peers,
or by the Law of the Land. By which it appears that the Judgment of that
Parliament was, That it was a Breach of the Magna Charta for the Temporal
Lords to condemn a Peer, without the Aflent of the Biſhops, who are exprelly
declared to be Peers of the Realm. Rot. 55. To be Peers in Parliament, Rot.
56. and to be Peers of the Realm in Parliament, Rot. 61: And all this too in
the Caſe of Treaſon; which is as a full Declaration of their peerage as it is
poſſible to make.
To tiie Second Poſition, That they have a Right to Sit
and vote in Parlia-
ment in all Cauſes whatſoever, even in Cauſa Sanguinis, in Capital Caſes: which
he proves by Reaſon and Preſidents.
That by the Magna Charta, a Law of the Higheſt value, Confirmed by
Thirty Acts of Parliament, and with the moſt Solemn and dreadful Imprecati-
ons, upon whoſever
of them or their Poſterity ſhould go about to violate it in
any particular, the Biſhops have an equal Right with the Temporal Lords.
That they Sit in Parliament by the virtue of the ſaine Writs of Summons, that
the
I
R. 2
1
.
1
:
41
7
0:1
In
.
1
1
!
.
J
++
1
.
1
from the Scotch Rebellion to the King's Murtber. 505
the other Barons do ; they are Summoned to adviſe and Debate about the great, October,
and difficult Affairs of the Kingdom ; cum Prclatis, Magnatibus, Proceribus
1 641
diéti Regni noftri Anglia, colloquium habere e tractatum. Of all things indefinite-
ly that ihall be brought before them in that High and Honourable Court ,
the Supream Judicature of the Nation : and that there cannot be any Inſtance
produced of a Writ of Summons,' with a Limitation or Reſtriction upon the
Biſhops, excluding them from any matter of Debate, Conſultation, Vote, or
Judicature belonging to the Houſe of Lords : The Temporal Barons alſo are
Summoned indefinitely to Debate, Handle and Conſult with the Prelats in all
things there to be done, which would be impoſible, if in ſome of the moſt Im-
portant matters in point of Judicature, the Lords the Biſhops muſt be Totally
Excluded.
That though the Conſtitution of Clarenden be urged as deſigned for a Limi-
tation of the Biſhops exerciſing Jurisdiction in the Caſe of Life or Mutilation
of Members, yet it is evident both from the Words and the occaſion of that
Law that they ought to be preſent, for that this Conſtitution of Clarendon was
made perfectly to oblige the Biſhops to ſerve the King in the Capacity of their
Temporal Baronies, ficut cateri Berones, the Tenure being the fame, Et ficut
Barones cateri debent intereſſe Judiciis Curiæ Regis, cum Baronibus ufque pervenia-
tur in Judicio ad diminutionem Membrorum vel ad mortem, the plain Senſe of
which words is that they ought to be preſent,not only till ſuch Cauſes of Life or
Limb, came before the reft of the Lords, but at all preļiminary Debates ; uf-
que perveniatur, not ad Judicium, but in Judicio, which ſuppoſes a Trial
preceding, till the Sentence came to be pronounced.
Now the occaſion of this was the Papacy 'was then erecting their fifth Mo-
narchy, and indeavouring to ſet up an Independent Jurisdiction of the Church
in all Kingdoms, which the Kings very well perceiving were reſolved to oppoſe;
and therefore to oblige them to this Service by vertue of the Tenures of their
Temporal Baronies; And this giving them a Concellion to withdraw when
the Sentence was pronounced, was a particular favour of the King.
Thomas Becket, a great Saint and Martyr in the Roman Calendar, ſtoutly op;
poſed this as an inchroachment upon the Liberties of the Church, and indeed
the Biſhops who had all along the Saxon Government fate in the great Coun-
cils, by virtue of their Spiritual Capacity there being then i10 Temporal Ba-
ronies, they thought the Conquerors impoſing this Tenure upon their Eftates, a
very hard Servitude and Badge of Slavery to the Secular Power ; but that not-
withſtanding their Reluctancy, this Salvo, ſeemed a little to qualify the matter,
ſo that they did Vote in ſuch Caſes till the Sentence came to be pronounced,
appears from Perries Blefenfis,who taxes them of Colluſion for ſubmitting to this
Conſtitution of Clarendon, Principes ſacerdotum, faith he, & Seniores Populi, licet
Pet. Bleſen.de
non dictent Judicia Sanguinis, eadem tamen treétant, diſpitando e diſceptando de Inst
. Epic.p.
illis ; ſeque iden: imnunes à Culpa reputant, quod Mortis aut truncationis membrorum 454.
judiciun decernentes, á pronuntiatione duntaxat, Executione Penalis Sententia
ſe abftinent.
Although, faith he, they do not give Judgment in Caſes. of Blood, yet do
they handle, treat, and debate about them, and think themſelves innocent,
becauſe in the determinations of Caſes of Life and Limb, they abſent themſelves
at the pronouncing, or execution of the Penal Sentence.
This Statute of Clarendon was made in February, and in the October follow-
ing the King Summons a Parliament to Northampton, in which Becket was for
Fież. Stepli.
oppoſing this Conſtitution, waſting the Kings Treaſure and other Crimes, ac-
cuſed of Treaſon, in the Debate whereof the Biſhops Sate with the other Barons, ket de Concil.
and becauſe the matter did not come to a Sentence of Death, after great Debate apud Claren-
between the other Lords & the Biſhops about pronouncing the Sentence, the Bi- don Mf: it
Shop ofWincheſter did it.But Becket making anAppeal to the Pope, theBiſhops being Bibliotheca
afraid of him they endeavoured to perſuade the King to deſiſt his further proſecu-
tion till that matter was determined:But the King
being reſolute, preſſed them to
their Duty, notwithſtanding Beckets Prohibition to them, to the contrary, from
the obligation of the Statute of Clarendon to which they had Sworn, Aferens;
quod non teneat hæc ejus ſimplex Prohibitio, contra hoc quod Clarendonie fačtum á
initum.fuerat, affirming that this ſingle Prohibition of Beckets, could not bind
Vol. II.
them!
1
vit .Tho. Bec.
Ttt
)
1
2
Rot. Par. n.
17.5. H. 4.
Rot. Par. H. 96
2 H. 6.
1
5:06 An Impartial Collection of all the memorable Events
Oftober, (them againſt what was done and agreed to at Clarendon. From all which it is
1 6.4 1. plain that in fact the Biſhops did Debate and Vote in a Capital Cafe, and were
obliged by this Statute fo to do, and it was a Favour indulged them to be ab-
ſent at the giving of the final Judgment or Sentence of Death, or loſs of
Limbs.
In the 5. H. 4. The Earl of Northumberland was in Parliament, Impeached
of Treaſon, and after Examination of the whole matter, he clearly acquitted
himſelf of the charge, upon which, it is ſaid in the Record, Et anxi mne ſmes
lesCommunes remercierment les ſeigneurs Eſpirituelx (Tempurelx de lour bon & droi-
turell Fugment, quils auoint fait come Piers du Parlement. That the ſaid Commons
returned thanks to the Lords Temporal and Spiritual, for the good and upright
Judgment which they had made as Peers of Parliament.
In the 2 of H. 6 John Lord Talbot accuſed James Boteler Earl of Ormond,
in Parliament, of ſundry Treaſons, and the Record faith, That De aviſamentó
& affenfu Dominorum Spiritualium & Temporalium, ac Communitaris Regni An-
glia in eodem Parliamento exiſtent' falta fuit quadam Abolitio delationis, nunciatonis
Ô Detectionis predi&t' &c. By the advice and conſent of the Lords Spiritual
and Temporal, and the Commons of England, there was made a certain abo-
lition of the ſaid Accuſation, Relation and Diſcovery.
From which Preſidents it is evident that the Lords the Biſhops did Sit and
Debate, Vote and Determin, in Cauſes Capital as well as the other Tempo-
ral Lords.
The third Poſition is, that they are a third Eſtate in Parliament. Which
is proved both by undeniable Reaſon and undoubted Preſidents and Records.
That there are three Eſtates in the Parliament of England, is a matter on all
hands allowed; But ſome Perſons who would bring down the Soveraignty to a
Coordinacy, do affirm that the King is the third Eſtate, the Lords making one,
and the Commons the other; which dangerous Poſition, as it doth ſubmit the
Monarchy to great hazzards, ſo it gave occaſion and colour to the taking away
of the Peerage of the Biſhops, the third Eſtate notwithſtanding their Excluſion,
being according to this principle left as Intire in the Lords Houſe, as it was
upon
the Excluſion of the Lord Abbots in the time of King Henry the Eighth.
Now that the King is not one of the three Eſtates, and conſequently that the
Lords the Biſhops muſt be ſo, and were ever accounted fa, evidently appears
by the Records of our Parliaments, which are cited to this purpoſe as fol-
lows.
In the Parliament of 1. H. 4. By the Roll it appears, that King Richard
the Second, appointed two Procurators to declare his Reſignation of the Crown
coram omnibus Statibus Regni, before all the States of the Realm; and one of the
Articles againſt him was concerning his Impeachment of Thomas Arch-Biſhop
of Canterbury, coram Rege, & omnibus Statibus Regni, before the King, and all
the Eſtates of the Realm. And who all theſe Eſtates of the Realm were, it moſt
fally appears in that the Commiſſioners for the Sentence of this unfortunate
Kings depoſition are ſaid to be appointed, Per Pares Proceres Regni Anglie
Spirituales & Temporales, se ejufdem Regni Communitates, omnes Status ejufdem
Regni repreſentantes. By the Peers and Nobility of the Kingdom of England,
Spiritual and Temporal, and the Commons of the ſame, repreſenting all the
Eſtates of the ſaid Realm. So that Firſt the Biſhops are declared Peers of the
Realm in Parliament. Secondly, The Eſtates of the Parliament are to repre-
ſent all the Eſtates of the Kingdom, Clergy, Nobility and Commons. Third-
ly, The three Eſtates in Parliament are the Lords Spiritual,the Lords Temporal,
and the Commons of the Realm.
Rot. Parl. 1. In the Roll of Parliament, 1. R. 3. it is Recorded, That whereas before his
Coronation, certain Articles were delivered unto him in the name of the three
Eſtates of the Realm, that is to ſay, of the Lords Spiritual, Lords Temporal,
and of the Commons by name, &c. Now foraſmuch as neither the ſaid three
Eſtates, neither the ſaid Perſons, which in their name preſented and delivered
(as it is aforeſaid) the ſaid Roll unto our Soveraign Lord the King, were Af-
ſembled in Form of Parliament, divers doubts have been moved, &c. Now by
the ſaid three Eſtates Aſſembled in this preſent Parliament, and by Authori-
ty of the fame, be ratified and Enrolled,&c. Upon which Record, Mr. Prinn
himfelf
1
1
R, 3.
1
.
.:
ri
*
from tbe Scotch Rebellion to the King's Mürther.
Oétober,
| 641.
meots of Re-
Rot. Par. 3.
and
509
himſelf makes this Marginal Note, The three Eſtates muſt concur to make a
Parliament, no one or two of them being a full or Real Parliament, but all
conjoyned.
In the 3. H. 6. it is ſaid in the Record; the three Eſtates Aſſembled in this Prinn Abridg-
preſent Parliament. In the Explanation of the Duke of Bedford's Power as
Protector. It is ſaid, it was adviſed and appointed by the Authority of the cords, p. 7103
King, Aſlenting the three Eſtates of this Realm, ſo that it is plain that the 714.
King was not then accounted one of them.
H!
In the 11. H. 6. The Duke of Bedford appeared in Parliament; and declared, n, 12.
6. H. 6. *.24.
the Reaſon of his coming; coram Domino Rege tribus Statibus Regni; before
IT H13.6.1. Toi
the King and the three Eſtates of the Realm. N. 11. Domino Rege & tribus
11. 2. n. 21
Regni Statibus in preſenti Parliamento Exiſtentibus, Our Lord the King, and the
three Eſtates in Parliament being preſent, where the King is plainly diſtinct
from the three Eſtates.
11. H. 6. N. 2. The Lord Cromwell Lord Treaſurer Exhibits a Petition in
Parliament, wherein he faith, that the Eſtate and neceſſity of the King and
of the Realm have been notified to the three Eſtates of the Land, Aſembled in
Parliament.
In the Appendix to the Rolls of Parliament that year, the Duke of Bedford
faith in his Petition to the King, How that in your laſt Parliament yit lyked
your Hyghneſs by yaduis of three Eſtates of yis Land to will me óc.
23. H. 6. N. 11. Preſente Domino Rege; eo tribus Statibus in preſenti Parliá- 23. H.6. tio bi
mento Exiſtentibus &c. Our Lord the King being preſent and the three Eſtates
in the preſent Parliament Aſſembled.
28. H. 6. N. 9. Domino Rege, & tribus Regni Statibus in pleno Parliamento com 28. H. 6. 11. g.
parentibus, &c. Our Lord the King and the three Eſtates in full Parliament ap-
pearing, cc
1. H. 6. The Queen Dowager in her Petition mentioning the Ratification i. H. 6.
made in Parliament, 9. H. 5. faith it was not only ſworn by the King, but
by the three Eſtates of the Kingdom of England, Cest afſavoir, Les Prelatz No-
bles e Grands c per les Comuns de meſm le Royalm Dengleterre. That is to ſay,
by the Prelats, Nobles and Great Men, and by the Commons of the ſaid Realm
of England.
And ſince the Reformation, In the 8 of Eliz. 1. The Biſhops are in Parlia 8. Élik
. I.
ment called one of the greateſt States of this Realm.
From all which Inſtances it plainly appears. Firſt, That there are three Ef-
tates in the Fundamental Conſtitution of every Parliament.Secondly, That there
are three Estates beſides the King, and conſequently that he cannot be one of the
three. Thirdly, that the Lords Spiritual the Biſhops, are a Third Eſtate of
the Realm in Parliament. Quod erat probandım.
It remains now to anſwer fome Objections which are made againſt theſe Po- Object. i.
ſitions. And Firſt, a Canon which they urge was made at Weſtminſter by Ri-
chard Arch-Biſhop of Canterbury, that Perſons in Holy-Orders ſhould not agi-
tare Judicium ſanguinis.
To which it is Anſwered, That this is part of one of the Canons of Toledo,
which never were any part of the Common or Statute Law of this Land ; even
in times of Popery, much leſs obliging now ſince the Reformation, but
however the very Canon it ſelf is perverted, for the Prohibition explains it felf,
unde prohibemus, nè ant per ſe Membrorum truncationes faciant aut inferendas Judi-
cent, they were prohibited perſonally to be the Executioners in diſmembring, or
to pronounce the Judgment or Sentence in caſes of that Nature. Two Offices
of which neither the Lords the Biſhops, nor the moſt inferior of the Clergy
will at this time contend for, or be ambitious of.
It is Obječted, Secondly, that in the it. of Richard the Second, the Biſhops Objeci. 2.
in Caſes of Blood, entred a Solemn Proteſtation, in Parliament, which was
Aflented to by the King, the Lords Temporal and Commons with theſe words,
Non licet nobis aut alicuj eorum, juxtaSacrorum Canonum inftituta,quomodolibet inter-
eſſe. That according to the Canon Law, it was not lawful for them or any
of them in any manner to be preſent.
Itt 2
Tol
Vol. II.
:
508 An Impartial Collection of all the memorable Events
October,
To this it is anſwered, That the Proteſtation faith, as Peers they had Right,
1641. as, per Baroniam de Domino. Rege tenentes, in Parliamenris Regis quibufcunque per-
Sonaliter intereſſe, cum cateris Paribus, & aliis, de. Regni negoriis confulere,' Trac-
tare, Ordinare, Statnere, o definire ac catera faccre que Parliamenti tempore ibi-
dem imminent facienda, holding of our Lord the King by Baronage, to be perſo-
nally preſent in all Parliaments of the King, together with the reſt of the Ba-
rons and others, to Conſult, Treat, Order, Appoint and Determin of the Af-
fairs of the Kingdom, and to do all other things which in the time of Parlia-
ment were there to be done. And it is plain the King, Temporal Barons and
Commons allowed they had this Right. But it being a troubleſome time, the
Kings Miniſters being to be Impeached in that Parliament, which was called
Parliamentum fine Miſericordia, becauſe the King gave up all his Court Mini-
fters to be Sacrificed to the Animoſities of the Potent Faction of the Lords,
binding himſelf not to pardon any without their conſent, the Biſhops were
willing to get out of harms way, aud therefore pleaded the Canons in excuſe.
And pollibly both ſides might have their ſeveral ends in conſenting to this pro-
teſtation, the King, that lo he might call in Queſtion the Acts done without
them as it happened 21. R.2. when all done in this Parliament was Repealed and
made void for this Reaſon: the Lords, might conſent to the Biſhops withdraw-
ing, that fo their Affairs might proceed without oppoſition againſt the Kings
Miniſters. But however as before theſc Canons being not the Law of the Land,
neither then nor 110w could be no real Barr to their Right. Nor did they up-
on other occaſions think them ſo, as appears by ſeveral Inſtances beforemention-
ed upon the ſecond Poſition.
Object. 3.
It is Objected in the third place, That there was a Parliament held 25 E.
1. at St. Edmonds-Bury, Excluſo clero. And notwithſtanding many good Laws
were there made; and that upon this caſe in Kelway's Reports, it is faid to be
the Opinion of the Judges, that the King may hold his Parliament without the
Biſhops.
::
To this it is anſwered, Firſt, That it is but one ſingle Inſtance, and an Ex-
traordinary Caſe, and that it is not only ill, but dangerous arguing and conclu-
ding univerſally from one ſingle preſident, for if a Parliament may be good
without one Eſtate, why not without another ? and according to their Polition
who make the King, Lords and Commons the three Eſtates, any one of the
three may be Excluded upon the ſame reaſon. Secondly, The Biſhops in this
Parliament were not Excluded by the King and the other two Eſtates, but by
their own voluntary action. And the occaſion of it was a Bull of Pope Boniface
the 8. prohibiting the Clergy to give any more Subſidies, which whatever In-
fluence it had then, can have none upon the Biſhops ſince the Reformation.
And whereas it is ſaid many good Laws were made in that Parliament never
ſince queſtioned, it is evident by the Rolls that all that was done in that Parlia-
ment was the granting of a 12th, by the Laity to the King.
As for Kelmay's reaſon in his Reports that they might be excluded, becauſe
they liave 110 places in Parliament by reaſon of their Spiritualty, but only by
reaſon of their Temporal Baronies, it will' hold as well againſt the other Barons.
And that this is but one Preſident of a Parlianient without Biſhops, againſt a
Multitude of others; wherein they were preſent. Et confuetudo Parlamenti eft
Ler Parlamenti, and that Law is the Law of the Land.
Object. 4.
It is Objected, That if they were a diſtinct Éſtate, they would have a dif-
tinct Negative. I think the beſtanſwer to this is the former, that Confuetudo
Parlamenti eft lex Parlamenti, and though former Parliaments have ever owned
them a diſtinct Eſtate, yeț as the Author obſerves, they fit there now notin their
Spiritual Capacity, as formerly in the Saxom tímes before Baronies, but in
their Temporal Capacities as Barons by Tenures, and they have ever Vored in
Common with the other Lords, according to Cuſtom of Parliament, which is
the Law of Parliament.
In the laſt place it is Objected, if they were Peers of the Realm, they would
according
is
F
Object. 5.
S
A
A
from the Scotch Rebellion to the King's Murther. 509
according to Magna Charta be tried by their peers, but they are in Capital October,
Caſes tried by Juries of the Gommons.
1 6411
To this it is anſwered, Firit, That they have challenged and had this Privi-
ledg in Parliament. So John Stratford Arch-Biſhop of Canterbury, tanquam
major par Regni poft Regem, os qocem primam in Parliamentò habere debensi put Antiq. Brit. P.
himſelf upon Triat by his Peers, and after great debate it was at length refol-223. Rot
. par:
15. E. 3. n. 7.
ved, that the Peers ſhould be tried only by Peers in Parliament, and he had ap-
pointed to examin the Articles againſt him, 4, Biſhops: VİZLondon, Hereford,
Bath and Exceter, 4 Earls, Arundel, Salisbary, Huntington and Suffolk, 4. Barons,
Percy, Wake, Baſſei and Nevil. After which he was admitted to anſwer for
himſelf in Parliament devant les Piers, before his Peers.
21. R. 2. Tho. Arundel Arch-Biſhop of Canterbury was Impeached of High- 21: R. 2.
Treaſon before the King and Lords in Parliamient, The Rings anfwer was,
that foraſmuch as this Impeachment did concern To High a Perſon, e Pier de Son
Roialm, a Peer of the Realm, he would be adviſed. But foon after he was con-
demned for Treaſon by the Houſe, the Praxy of the Biſhops, Sir Thomas Percy
giving his Vote for them.
Secondly, Temporal Barons have not always been tried by their peers, for
28. H.6. William de la Poole Duke of Suffolk waved being tried by his Peers,
and ſubmitted to the Kings mercy, upon which the Lords Temporal and Spi-
ritual entred a Proteftation that this ſhould not be, or torrt to the prejudice of
them, their Heirs, nor Succeſſors in tinie' coming, but“ that they might enjoy
their freedom in cafe of their Peerages as fargely as their Anceſtors and Prede-
ceflors had done.
Thomas Lord Berkley being Arraigned for the Death of King E. 2 before the Rot.Par.4.E.3.
Parliament, put himſelf upon his Countrey, and the Jury brought him in not
Guilty.
Thus far the Learned Author', from whóm fog thé Readers eåre and ſatisfacti-
on in this important particular, have made theſe ſhort Eollections , afid refer
the more Curious to the Book it felf.
1
I ſhould have given the Reader an account before of the great Com-Thurſday,
plaints of the City againſt Protections
. ; but here I prefent him with the October 23.
Report which Mr. Reynolds made in the Houſe of Commons upon that
Subject, which was,
*****
رد: ۱:.
CC
1
cc
That the City of London did liérèrofore preſent a Petition in the Report in the
Name of the whole City, complaining of Protections and Priviledges mons con-
claimed by Members of both Houſes; and by the Kings and Queens cerning the
Servants, and having no Redrefs by their Petition, they called a Com- the City about
mon Councel; and upon a long Debate among themſelves, they did Protc&tions
,
agree unanimouſly, * That this Grievance was greater and more preju- c.
dicial to the City and the whole Kingdom, than that of Salt, Soap, Lea- * This de
ther, and Ship-Money. Thereupon they did agree to Addreſs them- taken Notice
ſelves by way of a ſecondi Petition to this Houſe and that Petition of; for by
was referred to a Committee' to Regulate Protections; this was done this, it is Eafy
6 July laſt, and during the Sitting of that Committee they attended the Grievar-
there two or three times, and preſented a Book in Folio, of the Mem- ces of the N«-
bers of this Houſe, that have granted Protections, as alſo the Names of gravated far
thoſe of the Rings, Queens, and Princes Servants;that were Protected : more then in
Upon all which they grounded their Complaint, which Coinplaint deferved.
Was there preſented in Writing. And it was the Opinion of the Com-
mittee, That it ſhould be read in the Houſe at this time of the Report,
being Reaſons tendred by the Committee appointed by the Commons
Councel of the City of London againſt Protections; Priviledges, and
priviledged Places,&c. Upon the Reaſons mentioned in the Paper,
and
upon other Conſiderations, and after a long Debate, and being a
“ tender!
SC
1
le
7
510
October,
I 6.4I,
An Impartial Collection of all the memorable Events
“ tender point to trench upon the Priviledges of Parliament, they pro-
ceeded unto theſe two Votes, which they commanded me to Re-
.66
port:
1
1
il
jom
1
Wilt
:
(1.) That all the Members of this Houſe ſhould be pleaſed during the
pleaſure of this Houſe, to wave all Protections for their Menial Servants
or others.
(2.) That during the Pleaſure of this Houſe, all the Lands, Eſtates and
Goods of every Member of this Houſe ſhould be Lyable to the Payment of
juſt Debts.
vance, which Exceeded all the Monopolies of Salt, Soap, Leather, and
Ship-Money put together, this was a point la neceſſarily tender, that
they made very ſlow ſteps toward the Redreſſing of it, or joyning with
Mr.Reynolds and his Committee in their Votes.And nothing further was at
preſent done in it more than barely to give the Complaint a hearing.
Had the King, Queen and Prince only been concerned in Protections, it
had immediatelġ been Voted Illegal
, Unjuſt, againſt the Liberty of the
Subject,&c. but it too nearly concerned ſome of them to comply with
the Votes of the Committee; for if they had, particularly I inſtance in
the late infamous Uſurper Oliver Cromwell, inſtead of Sitting in the
Commons Houſe, they were in danger to take up their Lodgings in a
Common Priſon: For had he and many others in the Houſe made all
their Lands, Eſtates, and Goods lyable to the payment of their juſt debts,
they would have been quickly found Bankrupts in Eſtate then, as much
as they were afterwards in Honeſty and Reputation; and unleſs the
Charity of the Faction who obtruded them
upon the People for Repre-
ſentatives; had maintained them out of the Common Stock, they muſt
have wanted Bread, as well as they wlio ſet them up would have wanted
Inſtruments to carry on their Bleſſed Work of Reformation, which in
reality was by many of theſe hungry and broken Fortunes, only to Eſta-
bliſh their own out of the Ruins of the Church.
And therefore to cut off all-further Trouble on that ſide, by letting
ter only upon this Affair and Complaint of the City ſleep fixe die, It was the 28 of
Ostaben Ordered, Ibat in regard of the Weighty and Important Matters
in agitation in the Houſe, this Houſe will not enter upon any private Mat-
ters,; but into Publick Buſineſs only, till further Order, and this Order to
be Printed and Publiſhed, that ſo all perſons may take Notice of it, and
regulate themſelves accordingly.
And the truth is, they were now deep upon Conſultation of the Fatal
Point which Uſhered in the Rebellion, and not only this, but many
Committee to others in former Ages; for a Committee was appointed to prepare Heads
for a petition out of the whole Debate that has been this day, for a Petition to be pre-
to the King ferred to his Majeſty, To prevent the Miſchiefs that may happen to the
againſt Evil
Common-Wealth by the choice and Imployr:ent of Evil Councellors, Ambal-
Councellors,
ſadors, Judges, Oficers and other Miniſters of State, and they are to meet
this Afternoon at 4. of the Clock; in the Exchequer Chamber, and have
Power to ſend for Parties, Witneſſes, Papers and Records, and any thing
elſe that may
conduce to the Service.si
Friday,
This day the Certificate of the Two Chief Juſtices in the Caſe of cook
October 29. and Blackſton, referred to them by Order of the Houſe of Lords, was
Read; viz.
May
Order to en-
ſincs.
...
1
doc.
.
HE
+
相
​F
A
.
A Caſe abouc
froin the Scotch Rebellion to the King's Murther. 511
May it pleaſe your Lordſhips,
October,
I
Ccording to your Lordſhips Order of the oth of September laſt touch-
ing the buſinėſs between John Cook,Clerk, Plaintiff, and Benjamin Superindu&ti-
Blackſton Défendant ; We have heard the Parties and their Councel ou on to a Recto-
both ſides, And we find, that the ſaid John Cook was Preſented, İnſtitu- ry before the
ted and Indułted into the Rectory of Weſt Thorney in Suſſex, after the
Death of Godfrey Blackſton former Incumbent there, who died in the
Month of January 1637. And that Mr. Blackſton prócured a Super-inſtia
tution to this Church, and by colour thereof hath gotten the Polleßion from
Mr. Cook. We are of Opinion, That the Super-inſtitution of Mr. Black-
ſton is void, and that Mr. Cook ought to be reſtored to his Pafeſsion, and
to hold the ſame quietly untill he ſhall be Evicted by Coarſe of Law. And
we think fit that Mr. Blackſton ſhould be left to his Remedy and Courſe at
Law to try his Title to the ſame Church, and for ſuch Wrongs as he ſuppo-
Seth that Mr. Cook hath done unto him; And that Mr. Cook be left alſo
to his Remedy and Courſe in Law for ſuch Wrongs and Damages as he doth
Alledg that Mr. Blackſton hath done unto him: All which we humbly fubá
mit to your Lordſhips Wiſdom.
25 October, 1641.
John Bramſton,
John Bankes.
upon it:
put off.
Upon this the Houſe Ordered, That the Poleſſion of the Rectory of The Order of
Wert Thorney; ſhall be ſetled upon the ſaid. John Cook, according to the the Lords
aforeſaid Certificaté, and that the Sheriff and Juſtices of the Peace, ſhall
give him Poléſion, and continue him quietly in the same, until he ſhall be
evilted by Courſe of Law; and that the reſt of the Certificate is bereby
fully confirmed, and Mr. Blackſton left to his Remedy and Courſe: ofithe
Law, to try his Title to the ſame Church.
A Meſſage was brought from the Houſe of Commons by Mr. Per- The Tryal of
Judge Berkley
peint to let their Lordſhips know, That by reaſon many of their Witnej-
Les are in Places remote, so as they cannot be ready for the Tryal of Mr.
slice Berkley, on the ſecond of November next, therefore the Deſires of
the Houſe of Conimons are, that their Lordſhips would be pleaſed to take
the fanie into Conſideration, and put the Tryal off for ſome Longertime,
whereupon it was,
Ordered, That the Day of Tryal of Mr. Fuſtice Berkley is put off from
the Day appointed, until this Houſe gives further Order herein, and Mr. Ju-
ſtice Berkley is to have Speedy Notice hereof.
In the Commons Houſe it was this day Ordered, That the Orders
concerning the Soldiers to depart the Town, ſhall be Printed and Publiſhed,
as alſo the Orders made by the Lord General, the Lords. alſo Aſent-
ing.
A Committee was alſo appointed, to preſent the Names of thoſe Per-An Order of
ſons that are Voted Delinquents by this Houſe, to the end, the Houſe Commons to
may preſent ſuch of their Names, as they ſhall think fit to the Lords, they voted
whereby their Eſtates may be lyable for their Offences.
Delinquents,
Then the Houſe fell into Debate concerning the Conge d' Ellires, for Effaces for-
the making of the five New Biſhops, and upon the Queſtion the Houſe Debate in the
was divided, with the Yeas were 71, with the Noes 53.
Whereupon a Committee was appointed to prepare Heads for a Con- ing the five
ference with the Lords, to defire them to joyn with this Houſe, in a Pe- new Biſhopso
tition
1
as
Houſe of Com:
mons concerta
ť
G
512 An Impartial Collection of all the memorable Events
4
>
Oćtober 30.
Conference a.
bout the Safe-
ty of the
.
Vores about
October, tition to his Majeſty, to ſtay the making of the five Biſhops, until fur-
I 641.
cher Conſideration be had by both Houles.
The Lord Keeper reported the Conference with the Commons touch-
Saturday,
ing the Safety of the Kingdom and the Security of the Princes Perſon
to this Effect.
Report of the
That the Houſe of Commons are full of Tenderneſs of the King's Honor,
Duty to the King's Perſon and his Poſterity; It was ſaid that it was not
Kingdom,&c. News now a-Days, to hear of dangerous Deſigns, they having newly diſco-
vered ſome more, therefore the Houſe of Commons have Reaſon to Icok into
every
Corner whence Danger may come.
And
upon Information, the Houſe of Commons underſtands, that of late
the Prince hath been much from bis own Houſe at Oatlands, out of the
Cuſtody of his Governor; they do not doubt of the Motherly Affection and
Care of the Queen towards him, but there are dangerous Perſons at Oat-
lands, Prieſts and Jeſuits, as hath of late appeared by ſome Examinati-
ons taken, and ſome of them are ſent
for by the Houſe of Commons.
Upon theſe Reaſons, the Houſe of Commons deſires, That a Meſſage be
ſent to the Lord Marquiſs of Hertford from both Houſes of Parliament,
That he ſhould forthwith take the Prince into his Cuſtody and Charge, and
attend upon him in Perſon, and deſire, that the Prince may make his Or-
dinary Abode and Reſidence at his own Houſe at Richmond, and that his
Lordſhip will place ſuch Perſons about him, as he will be anſwerable for,
to both Houſes.
Whereupon it was Reſolved, To ſend the Lord Chamberlain to the
Lord Marquiſs of Hertford, and the Earl of Holland, to acquaint the.
Queen herewith; and to preſent Her Majeſty the Reaſons of it.
In the Houſe of Commons Mr. King reports the Caſe of the Soap Bu-
the Soap Bufi- fineſs. Whereupon
Reſolved upon the Queſtion,
That all thoſe who made the. Decree in the Star-Chamber are Delin-
quents.
Reſolved, &c.
That the Proclamation dated 26. Januarii 1633. made in purſuance of
the Decree of Star-Chamber of the 23 of Auguſt 1633. for regulating the
Trade of Soapers, and two other Proclamations, the one dated
1634. and the other dated the 25 January 1634 concerning Soapers,
are illegal, and tend to the Subverſion of the Laws of this Realm, and are
againſt the Liberty of the Subject.
Reſolved, &c.
That the Orders of the Council-Board of 29th of September 1634. of
the 24 of November 1634. of the 29th of July 1635. concerning the
Soapers, and of the 18 of December 1636. for a Commiſion to Sir John
Hales Knight, and John How Eſquire, and the Dormant Warrant of
the One and Thirtieth of December 1636. to ſuch of the Soapers of
Weſtminſter, were Illegal and against the Liberty of the Sub.
ject.
Reſolved, &c.
That all who :Signed the Warrants were Delinquents.
That the reſtraining of the Subjects Perſons, the Examination of them
upon Oath againſt themſelves, the impoſing of Fines upon them, and the
Sharing of thoſe Fixes by Colour of the Order of the Council-Table dated
the 10 of December 1636. and a pretended Commiſion directed unto
Sir
neſs in the H.
of Commons.
.
13 July
Reſolved, &c.
-
I
1
1
1
from the Scotch Rebellion to tbe King's Murther. 513
Sir John Hales Knight and John How Eſquire are Illegal, and a Griev-, November
ance to the Subject, and the same were put in Execution by the ſaid Sir1 6 4 1.
John Hales, John How and Corporation of Soapers of Weſtminſter, and
their Officers, and they for the doing thereof, are Delinquents, and ought to
make amends to the Parties damnified thereby.
Reſolved, &C.
That the Matter agreed upon by the Indentures of Covenants dated
the 12th of April 1636. made between the King, and Sir Henry Comp-
ton, and the reſt of the Soapers of Weſtminſter, are Illegal, and a great
Grievance to the Subject , and of dangerous Conſequence in the Exe-
cution.
Reſolved, c.
Tbat theſe ſeveral Parties, ( viz. ) That were Covenanters with the
King, by the Indenture of Covenant dated the 12th of April 1636. are
Delinquents, and ought to make 'Amends to the Common-Wealth, and to
all ſuch as after theſe Covenants entred into, were restrained the Uſe of
their Trades of making Soap, or Suſtaining any Loſs in their Fats, Panns,
or otherwiſe, by occaſion of the Corporation of Weſtminſter.
Reſolved, &c.
That the Obligation entred into by the Soapers of London, to his Ma-
jeſty upon their Deliverance out of Priſon, upon the Sentence of Star-Cham-
ber, conditioned, that they would not make any more Soap, without the Li.
cenſe of the Corporation of Weſtminſter,were Illegal, and contrary to the
Liberty of tbe Subject.
Reſolved, &c.
That Sir John Hales, Francis Plowdon, Fitz Williams Conisby, Ed- Delinquents de
mund Windham, John Gifford, George Vaughan,
bout the Soaps
Jhall be ſent for as Delinquents, by the Serjeant at Arms attending this by the Ser-
jeant at Arms
Houſe.
It was Ordered, That according to the Order of the Ninth of Novem- Mr.Caxisby
ber laſt, Mr. Fitz Williams Conisby ſhall be expelled this Houſe, he bec expelled for a
ing a Monopoliſt, and that the Speaker Iſſue out a Warrant to the Clerk of
the Crown, for a Writ for a new Ele&tion for a Member to ſerve for the Coun.
ty of Hertford in bis Place.
It was alſo Ordered, That Doctor Burgeſs ſhall be deſired to Preach Burgeſs to
Preach before
before this Houſe upon the Fifth of November.
This day the Lord Keeper informed the Houſe of Lords, That the November 5th.
Lord Lieutenant General of Ireland, having yeſterday Morning received
Monday
Novemb. I.
Pacquet of Letters and Examinations, from the Juſtices and Council of Ire- The News of
land, diſcovering an inſurrection and Treaſon in that Kingdom, and that the IriſhRebeli
the Rebels have already committed divers Murders, and fired Houſes, and
Villages of the Proteſtants there. Ypon this the Privy-Council met at on Saturday
White-Hall; and conſidering it to be a Matter of fo great Importance, October 23.
thought it not fit to omit any Opportunity, nor looſe Time, therefore becauſe * The L. Keep
this
Houſe was appointed not to fit until this Afternoon; * the Lords of the cr, the L.Pe
Council (as Privy Counſellors) thought it expedient to communicate the Scal, L. Highi
Same ſpeedily to the Houſe of Commons: and this Morning in a full Houſe, E. Marſhal, 2.
their Lordſhips in Perfon cauſed the Letters and Examinations concerning Admiral, L.
the Buſineſs, to be publickly read unto them, and deſired the Houſe of Ebar berila, n.
Commons to take the ſame into. Conſideration.
of Dorſet, E. of
Leicester, E. of
ivarwick, E.of Holland, E. of Berks, E. of Briſtol, L. Viſcount Sa ánd Sial, L. Mandeville, L. Goring, L. Willmer
,
acquaint the Commons with the Iriſh Rebellion. After they had ſtaied a little, Chairs were brought them, and
the Speaker defired them in the Name of the Houſes to fit and be covered.
Vol. II.
Hereuponi
Stradlings, Parent fent for
*
f
the Commons
3
lion which
broke out up
5
.
.
-
Uuu
+
* है
514 An Impartial Colle&tion of all the memorable Events
Novem, Hereupon the Letters and Examinations were read ; firſt a Letter
164.1. which was ſent from the Council of Ireland, to the Lord Lieutenant
General as follows.
O
1
6
The Letter
from the Coun-
cil of Ireland
to the Lord
Lieutenant
General of the
Diſcovery of
the Iriſh Re-
bellion.
::
C
ola, not the
lar St. of Rom
C
6
G
(
May it pleaſe Tour Lordſhip,
N Friday the 22th of this Month after Nine of the Night, this
Bearer Owen Connelly Servant to Sir John Clotworthy Knight,
came to me the Lord Chief Juſtice Parſons, to my Houſe, in great ſe-
creſie, as indeed the Caſe did require, and diſcovered unto me a moſt
wicked and damnable Conſpiracy plotted and contrived, and intended
to be alſo acted by ſome evil affected Iriſh Papiſts here.
'The Plot was on the, then, next Morning, Saturday the 23 of Oxto-
* Ignatius Loyo
ber, being * Ignatius Day, about Nine of the Clock to ſurprize His
Martyr Ignas Majeſties Caſtle of Dublin, His Majeſties chiefeſt ſtrength of this King-
tius, the Tuc-dom, wherein alfo is the principal Magazine of His Majeſties Arms,
and Munition: And it was agreed, it ſeems, among them, that at the
min Rebels.
fame hour all other His Majeſties Forts and Magazines, of Arms and
Munition in this Kingdom ſhould be ſurpriſed by others of the Conſpi-
rators. And further, That all the Proteſtants and Engliſh throughout
the whole Kingdom that would not joyn with them, ſhould be cut
off, and ſo thoſe Papiſts ſhould then become poſſeſſed of the Govern-
ment, and Kingdom at the ſame Inſtant.
As ſoon as I had that Intelligence, I then immediately repaired to
the Lord Juſtice Borlace ; and thereupon we Inſtantly Aſſembled the
Council
, and having fat in Council all that night, as alſo all the next
day, the 23 of Oétober, in regard of the ſhort time left us for the Con-
ſultation of ſo great and weighty a matter, although it was not poſ-
'ſible for us, upon fo few hours warning, tu prevent thoſe other
great
miſchiefs, which were to be acted even at that ſame hour, and that at
ſo great diſtance as in all the other parts of the Kingdom ; yet ſuch
was our induſtry therein, having cauſed the Caſtle that Night to be
ſtrengthned with Armed Men, and the City Guarded,
wicked Councels of thoſe Evil Perſons, by the great Mercy of God to
us, became defeated, fo as they were not able to act that part of their
Treachery, which indeed was principally intended, and which, if they
could have effected, would have rendred the reſt of their Purpoſes the
more eaſie.
' Having ſo ſecured the Caſtle, we forthwith laid about for the Ap-
prehenſion of as many of the Offenders as we could, many of them
having come to this City but that night, intending, it ſeems, the next
' morning to act their Parts in thoſe Treacherous and Bloody Crimes.
'The firſt man apprehended was one Hugh Mac-Mahon Efq;Grand-fon
to the Traytor Tyrone, a Gentleman of a good fortune in the County of
Monoghan, who with others, that morning was taken in Dublin, having
at tlie time of their apprehenſion offered a little reſiſtance with their
Swords drawn ; but finding thoſe we imployed againſt them more in
* Number, and better Armed, yielded ; 'He upon Examination before
us, at firſt denied all, but in the end, when he ſaw we laid it home to
him, he confeſſed enough to deſtroy himſelf
, and impeach ſome others,
as by a Copy of his Examination herewith ſent may appear to your
Lordſhip. We have committed him, until we might have further time
!
as the
C
C
C
11
3
6
to
C
1.6.4.1.
C
C
C
2
C
2
C
1
6
<
from the Scotch Rebellion to the King's Märther: 5ts
to Examine him again, our time being become more heedful to be im, Novem:
ployed in Action for ſecuring the Place, then in Examining.
This Mr. Mac-Mahon had been abroad, and ſerved under the King
of Spain as a Lieutenant Colonel, upon Conference with him and
others, and calling to mind a Letter which we received before from
Sir William Cole, a Copy whereof we ſend your Lordſhip here inclo-
ſed, we gathered that the Lord Mac-guire was to be an Actor in fur-
prizing the Caſtle of Dublin ; wherefore we held it neceſſary to ſecure
him immediately, thereby alſo to ſtartle and deterr the reſt, when
they found him laid faſt. His Lordſhip, obſerving what we had done,
and the City in Arms, fled from his Lodging early before Day, it
ſeems diſguiſed, for we had laid a Watch about his Lodging, ſo as we
think he could not paſs without diſguiſing himſelf, yet he could not
get forth of the City, ſo ſurely Guarded were all the Gates.
There was found at his Lodging hidden fome Hatchets, with the
Helves newly cut off cloſe to the Hatchets, and many Skenes, and
ſome Hammers.
In the end, the Sheriffs of the City, who were imployed in a ſtrict
ſearch of his Lordſhip, found him hidden in a Cock-loft, in an ob-
ſcure Houſe, far from his Lodging, where they apprehended him, and
" brought him before us.
He denied all, yet ſo as he could not deny but he had heard of it
in the Country, though he would not tell us when, or from whom
;
and confeſſed that he had not advertiſed us thereof, as in duty hé ought
to have done : But we were ſo well ſatisfied of his Guilt by all Cir-
cumſtances, as we doubted not, upon further Examination, when we
'could be able to ſpare time for it, to find it apparent.
Wherefore we held it of abſolute neceſſity to commit him cloſe
Priſoner, as we had formerly done Mac-Mahon and others, where we
" left them on the 27 of this Month in the morning, about the ſamé
' hour they intended to have been Maſters of that Place, and the
'City.
That morning we laid wait for all thoſe ſtrangers that came the
night before to Town, and ſo many were apprehended, whom we find
reaſon to believe to have hands in this Conſpiracy, that we were forced
to diſperſe them into ſeveral Goals; and ſince we found, that there
came many Horſemen into the Suburbs that night, who, finding the
Plot diſcovered, diſperſed themſelves immediately.
When the hour approached, which was deſigned for the ſurpriſing
the Caſtle, great numbers of Strangers were obſerved to come to the
"Town in great Parties ſeveral Ways, who not finding admittance at
the Gates, ſtayed in the Suburbs, and there grew ſo numerous, to the
Terror of the Inhabitants.
We therefore to help that, drew up, and inſtantly Signed a Pro-
clamation, Commanding all Men, not dwellers in the City or Suburbs,
to depart within an hour upon pain of Death ; and made it Penal tó
thoſe that ſhould harbour them, which Proclamation the Sheriffs im-
mediately Proclaimed in all the Suburbs, by our Commandment, which
being accompanied with the Committal of thoſe two Eminent Men,
and others, occaſioned the departure of theſe multitudes; and in this
caſe, all our Lives and Fortunes, and above all, His Majeſties Regal
Power and Authority being ſtill at ſtake, we muſt vary from ordina-
ry Proceedings not only in Executing Martial Law, as we ſee Cauſe,
Vol. II.
C
G
4
T
C
<
C
Uuu 2
.but
1
C
4
-Gi
C
.
516 An Impartial Collection of all the memorable Events
Novem. but alſo in putting ſome to the Rack, to find out the Bottom of this
I 641.
Treaſon, and the contrivers thereof, which, we foreſee, will not other-
wiſe be done.
"On that 23 of this Month, we, conceiving, that as ſoon as it ſhould
' be known, that the Plot for ſeizing the Caſtle of Dublin was diſap-
pointed, all the Conſpirators in remote Parts might be fomewhat dif-
heartned, as on the other ſide the good Subjects would be comforted,
and would then with the more Confidence ſtand on their Guard, did
prepare to ſend abroad to all Parts of the Kingdom this Proclamation,
which we ſend you here incloſed ; and ſo having provided that the
City and Caſtle ſhould be ſo well Guarded, as upon the ſudden we
could, we concluded that long Council
.
On Saturday Twelve of the Clock at night the Lord Blaney came
to Town, and brought us the ill news of the Rebels ſeizing, with two
hundred Men, lis Houſe at Caſtle-Blaney in the County of Monoghan,
as alſo a Houſe of the Earl of Elex's, called Carrick-Macroß, with
200 Men, and a Houſe of Sir Henry Spotwood's, in the fame County
with:203 Men ; wliere there being a little Plantation of Britiſh, they
plundered the Town, and burnt divers Houſes, and ſince it appears,
tliat they burnt divers other Villages, and robbed and ſpoiled many
Engliſh, and none but Proteſtants, leaving the Engliſh Papiſts un-
touched, as well as the Iriſh.
‘On Sunday morning, at three of the Clock, we had intelligence from
Sir Arthur Terringham, that the Iriſh in the Town had that day al-
'fo broken up the King's Store of Arms and Munition at Newry, where
'the Store for Arins hath been ever ſince the Peace ; where they found
70 Barrels of Powder, and Armed themſelves, and put them under
the Command of Sir Con Magenis Knight, and one Creedly a Monk,
and plundered the Engliſh there, and diſarmed the Garriſon.
' And this, though too much, is all that we yet hear is done by
tliem : However, we ſhall ſtand upon our Guard the beſt we may to
defend the Caſtle, and City principally, thoſe being the places of moſt
'importance.
But, if the Conſpiracy be ſo univerſal as Mr. Malon faith, in his Exa-
mination, it is, namely That all the Counties of the Kingdom have
Conſpired in it, which we admire ſhould ſo fall out in this time of
univerſal Peace, and carried with that ſecreſie, that none of the Engliſh
could liave any Friend among them to diſcloſe it, then indeed we ſhall
be in high Extremity, and the Kingdom in the greateſt danger that
ever it underwent ; conſidering our want of Men, Mony and Arms,
to enable us to encounter fo great multitudes as they can make, if all
Should ſo joyn againſt us, the rather becauſe we have pregnant cauſe
to doubt, that the Combination liath taken force by the incitement of
the Jeſuits, Prieſts and Friars.
* All the hope we have liere, is, That the Engliſh of the Pale, and ſome
other Parts, will continue conſtant to the King in their Fidelity, as
they did in foriner Rebellions.
· And now in theſe ſtraits, we muſt; under God, depend on Aid forth
of England for our preſent fupply with all ſpeed, eſpecially Mony, we
having none, and Arms, which we shall exceedingly want ; without
which we are very doubtful what account we Niall give to the King
of this Kingdomn.
--
C
[
6
6
C
-.
.
t
:
+
But
<
6
6
1
C
C
from tbe Scotch Rebellion to the King's Muriber. 517
But if the Conſpiracy be only of Maguire, and ſome other Iriſh Novem.
' of the Kindred and Friends of the Rebel Tyrone, and other Iriſh of the 16 4 1.
Counties of Down, Monogham, Cavan, Fermanagh and Armagh, and nou
general Revolt following thereupon, we hope then to inake Head
againſt them in a reaſonable Meaſure, if we be inabled with Money
from thence, without which, we can raiſe no Forees; ſo great is our
want of Mony, as we formerly have Written, and our Debt ſo great to
the Army; nor is Money to be borrowed here, and if it were, we
'would Engage all our Eitates for it'; neither have we any hope to
get in his Majeſties Rents and Subſidies in theſe Diſturbances, which
adds extremely to our Neceſſities.
'On Sunday Morning the 24th, we met again iri Council
, and ſent
to all parts of the Kingdom the incloſed Proclamation, and Iſſued. Pa-
tents to draw hitler ſeven Horſe Troops, as a further ſtrength to this
Place; and to be with us, in caſe the Rebels ſhall make Head and
march hitherward, ſo as we may be neceſſitated to give them Bat-
tel.
. We alſo then fent away our Letters to the Preſidents of both the
Provinces of Munſter and Connaght, as alſo to the Sheriffs of five
Counties of the Pale, to conſult the beſt way and means of their own
preſervation.
"That day the Lord Viſcount Gormanſtoun, the Lord Viſcount Nertera
ville, the LordViſcount Fitz-Williams, and the Lord of Lowth, and
ſince the Earls of Kildare and Firgal, and the Lords of Dunfany and
Slane, all Noblemen of the Engliſh Pale, came unto us, declaring, That
they then, and not before heard of the matter, and profeſſed all
Loyalty to His Majeſty, and Concurrence with the State ; but ſaid,
they wanted Arms, whercof they deſired to be ſupplied by us, which
we told them we would willinglý do, as relying much on their faith-
fulneſs to the Crown; but we were not yet certain whether, or no, we
had enough to Arm our ſtrengths for the guarding of our City and
Caſtle : : yet we ſupplied fuch of them as lay in moſt danger, with a
' finall“proportion of Arms and Ammunition for their Houſes, left they
' ſhould conceive we apprchended any Jealouſie of them ; and we com-
' manded them to be very diligent in fending out Watches
, and making
all the Diſcoveries they could, and thereof to advertiſe us, which they
readily promiſed to do.
. And if it fall out that the Iriſh generally riſe, which we have cauſe
to ſuſpect, then we muſt of neceſſity put Arms into the hands of the
Engliſh Pale in preſent, and others as faſt as we can, to fight for the de-
fence of the State and themſelves.
Your Lordſhip now ſees the Condition wherein we ſtand, and how
neceſſary it is, firſt, That we enjoy your Preſence ſpeedily, for the bet-
• ter guiding of theſe and other Publick Affairs of the King and King-
?dom: And ſecondly, That the Parliament of England be moved im-
mediately to advance to us a good Sum of Mony, which being now
ſpeedily ſent hither, may prevent the expence of very much Treaſure
and Blood, in a long continued War. And if your Lordſhip ſhall hap-
pen to ſtay on that ſide any long time, we muſt then deſire your Lord-
ſhip d appoint a Lieutenant General to diſcharge the great and
weighty burthen of commanding the Forces here.
Amidſt theſe confuſions, and diſorders fallen upon us, we bethought
us of the Parliament, which was formerly Adjourned to November
next
C
C
.
I
C
6
t
f
1
5i8 An Impartial Collection of all the memorable Events
Novem.
next, and the Term now alſo at hand, which will draw ſuch a con-
Í 641.
courſe of People hither, and give opportunity under that pretence of
Aſſembling and taking new Councils, ſeeing the former ſeems to be
in ſome part diſappointed, and of contriving further danger to this
State and People ; We therefore found it of unavoidable neceſſity to
Prorogue the Parliament to the 24th day of February next, and there-
fore we did by Proclamation Prorogue it accordingly, and do direct
the Term to be Adjourned to the firſt of Hillary Term, excepting
only the Court of Exchequer, for the haſtening in the King's 'Mo-
ney.
''We deſire that upon this occaſion your Lordſhip will be pleaſed
to view our Letters concerning the Plantation of Connaght, dated the
24th of April laſt, directed to Mr. Secretary Vane in that part there-
of which concerns the County of Monoglan, where now theſe fires'do
firſt break out.
In the laſt place, we muſt make known to your Lordſhip, That the
Army, we have, conſiſting but of 2000 Foot, and 1000 Horſe, are ſo
diſperſed in Garriſons in ſeveral Parts of the four Provinces, for the ſe-
curity of thoſe Parts, as continually they have been ſince they were
reduced, as if they te all ſent for to be drawn together, not only the
Places where they are to be drawn from, and for whoſe fafety they
lye there, muſt be, by their abſence, diſtreſſed, but alſo the Companies
themſelves coming in ſo ſmall numbers, may be in danger to be cut off
in their marchi ; nor indeed have we any mony to pay the Soldiers,
to enable them to march. And ſo we take leave, and remain
6
i
6
C
.
*
6
..
.
!
Tour Lordſhips to be Commanded
From His Majeſties Calle
William Parſons,
of Dublin 25 O&t. 1641.
John Borlale,
Robert Boulton, Canc.
J. Dillon,
Ro. Digby,
Anth. Midenſis,
Adam Loftus,
70. Raphoe, Jo. Temple,
Thomas Rotherham, Gerrard Lowther,
Fra. Willougbly,
George Wentirorth,
Jo.Ware,
Ro. Meredith.
+
Ć
+
Poft fcript.
The faid Owen Connelly, who revealed this Conſpiracy, is worthy of
great Conſideration, to Recompence that Faith and Loyalty, which he
hath ſo extremely to his own danger expreſſed in this buſineſs, where-
by, under God, there is yet hope left us of Deliverance of this State
and Kingdom, from the wicked purpoſes of thoſe Conſpirators : And
therefore we beſeech your Lordſip, that it be taken into Conſiderati-
on there, ſo as he may have a mark of His Majeſties moſt Royal Boun-
ty, which may largely extend to him and his Poſterity, we being not
now able here to do it for him.
C
William Parsons.
As we were making up tlieſe our Letters, the Sheriff of the County
of Monoghan, and Dr. Teale, having filed, came unto us, and informed
$
1
C
US
M
ur
t
-
:
:
2
!
1
from the Scotch Rebellion to the King's Murther. 519
us of much more Spoil committed by the Rebels, in the Counties of Novemb.
Monoghan and Cavan, and that the Sheriff of the County of Cavan, .1 641.
'joyns with the Rebels, being a Papiſt and Prime Man of the Iriſh.
3
1
William Parſons,
Robert Digby,
Fohn Dillon;
Adam Loftus;
!
Then Sir William Cole's Letter which had given ſome Light to the
Conſpiracy, was read as followeth.
LI
Coli's Letter
to the Lord.
។
fore the dic
covery of the
710
1
Right Honorables
Por Friday laft, Two of the Natives of this County, Men of good Sir William
Credit, came to my Houſe, and informed me, that Hugh Boy,
Mr. Tirlagh, Mr. Henry O Neal a Captain which came from Juſtices of Ire:
Flanders about May laſt, hath ſince that time, had the chiefeſt part of his land, juſt be
Reſidence in Tyrone, at or near Sir Phelem Roe O Neal's' Houſe, to
which Place, it hath been obſerved, there hath been more then an Ordina- Rebellion.
ry or former Uſual reſort of People, so frequent, that it bath bred ſome
Sufpition of Evil Intendments, in the Minds of ſundry Men of honest In-
clinations: and theſe Gentlemen, my Authors do ſay, that they do bold
good opinion of it, rather conſtruing an evil Intention to be the cauſe there-
of. For my own part, I cannot tell what to make, or think of it.
The Lord Maguire in all that time, as they inform me alſo, hath been
noted to have very many private Fourneys to Dublin, to the Pale, into
Tyrone, to Sir Phelim O Neals, and many other Places this Tear; which
likewiſe gives diverſe of the Country Cauſe to doubt, that ſomething is in
Agitation tending to no good Ends.
Upon Saturday laſt, one of the ſame Gentlemen came again to me, and
told me, that as he was going Home the Day before, he ſent his Footman a
nearer Way then the Horſe Way, who met with one of the Lord Inskillin's
Footmen, and demanded of him from whence he came . Who made Anſwer
That he came from Home that Morning, and the other replying ſaid, Tou
have made good bast to be here so foon; to which he anſwered, That his
Lord came Home late laſt Night, and writ Letters all that Night, and left
not a Manix or about his Houſe, but he hath diſpatched in ſeveral Ways
,
and he hath ſent me this way to Tirlagh Oge, Mac Hugh, and others
alſo with Letters, charging them to be with his Lordſhip this Night, at his
Houſe.
of which Paſage, I would have given your Honors ſooner Notice, but
that I deemed it fit to be filent, in Expećtation that a little time, would
produce ſome better
. Ground to afford me more Matter to acquaint your Ho-
Whereupor this Day I underſtood by ene Hugh Mac-Guire, that the
Said Tirlagh Oge, Mac Hugh, Con-Connaght, Mac-Shane, Mac Enabb,
Mac Guire and Oghie O Hofey reported themſelves to have been appoint-
ed Captains by his Lordſhip to raiſe Men, and that he had the Nominati-
on of ſeven other Captains to do the like, for to ſerve under the King of
Spain in Portugal; and that one of the Jaid captains, namely the ſaid
Con-Connaght entertained twelve Men. What Authority or Commiſion
there is for this, is not here known, but it makes ſome of us, that are of
the Britiſh, to ſtand in many, Doubts and Opinions concerning the ſame ; and
the rather, for that thoſe three Men ſo named to be Captains, are broken
Men
nors withal.
2
.
2
1
1.
f
“ take the Caſtle of Dublin, and poſſeſs themſelves of all his Majeſties
520 An Impartial Colle&tion of all the memorable Events
Novemb. | Men in their Eſtates and Fortunes, two of them being his Lordſhips near
1641. Kinſmen ; and that if any Evil be'intended, they are conceived to be as apt
Men to imbrace and help therein, as any of their Degrees in this coun-
try.
Theſe Matters ſeem the more Strange unto me, for that they are ſo pri.
vately carried, and that upon Friday laſt, I heard Sir. Frederick Hamil-
ton ſay, That the Colonels, that at my laſt being in Dublin, were raiſing of
their Men to go for Spain, were fince. Stayed by Command out of Eng-
land.
I have now therefore ſent this Bearer, purpoſely by theſe to make known
to your Lordſhips what I have heard in this Buſineſs, which I humbly leave
unto your Honors Confideration, and deſiring to know your Pleaſures Lere-
in, with remembrance of my moſt humble Service unto your Lordſhips,
will end theſe, and be ever
Eniskillin IIth of
Your Lordſtips in all Duty:
Oftober 1641.
to be commanded
Wil. Cole.
Superſcribed,
To the Right Honorable, his Majeſties Lords Juſtices for the King-
dom of Ireland. : Theſe, haſt, Preſent.
The Examination of Owen Connelly Gent, taken before Vs whoſe
Names Enfue, ihe 22d. of October, 1641.
The Depofiti-
Ho being truly Sworn and Examined faith, That being at
W
Connelly, about
Monnimore in the County of London-Derry on Tueſday laſt, he
received a Letter from Colonel Hugh Oge Mac-Mahon, deſiring him to
come to him to Connogh in the County of Monoghan, and to be with
“him on Wedneſday or Thurſday laſt ; Whereupon he this Examinat
came to Connogh on Wedneſday at Night laſt,and finding the ſaid Hugh
come to Dublin, followed him hither : He came hither about Six of
ķ the Clock this Evening, and forthwith went to the Lodging of the
" ſaid Hugh, to the Houſe near the Boot in Oxmantown, and there he
“ found the ſaid Hugh, and came with the faid Hugh into the Town
near the Pillory to the Lodging of the Lord Mac-guire, 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 faith, That at the ſaid Mac-guires Lodging the ſaid Hugh told
" him, That there were and would be this Night, great Numbers of
“Noblemen and Gentlemen of the Iriſh and Papiſts, from all the Parts
“ of the Kingdom in this Town, who with himſelf had determined to
“ Ammunition there, tọ mòrrow Morning being Saturday; and that
" they intended firſt to batter the Chimneys of the 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 joyn with them.
He faith further, That the ſaid Hugh then told him, That the Iriſh
" had prepared Men in all the Parts of the Kingdom to deſtroy all the
Engliſ Inhabitants there to Morrow Morning by Ten of the Clock,
and that in all the Sea-Ports and other Towns of the Kingdom, all the
Proteſtants
1
on of ower
W
the Iris Re-
bellion
2
06
WT
1
L!
.
WA
பர்,
114.3
.
I
1
ll
!
t
1
from the Scotch Rebellion to the King's Murther. 521
"“ Proteſtants ſhould be killed this Night,and that all the Poſts tliat could Novemb.
be, could not prevent it.
16.41.
“ And further faith, That he moved the ſaid Hugh, to forbear the
Executing of that Buſineſs
, and to diſcover it to the State, for the ſa-
ving of his own Eſtáte ; who ſaid, That he could not help it; but ſäid;
" That they did ow their due Allegiance to the King, and would pay
“ him all his Rights, but that they did this for the Tyrannical Govern-
ment that was over them, and to imitate Scotland, who got a Privi:
ledg by that Courſe.
And he faith further, 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 that Matter were
diſcovered, ſome-body ſhould dye for it. Whereupon this Examinat
feigned ſome Neceſſity for his Eaſement, and went down out of the
Chamber, and left his Sword in Pawn; and the ſaid Hugh ſent his
Man down with him, and when this Examinat came down into the
Yard, finding an Opportunity, he this Examinat leaped over a Wall
" and two Pales, and ſo came to the Lord Juſtice Parfons.
CC
1
.
.
-
.
9
Owen O Connelly:
William Parfoxs.
Tho. Rotherham.
Robert Meredith:
1
1
The Examination of Hugh Oge Mac-Mahon of Connagh in the County
of Monoghan Eſquire, Aged 35 Tears or thereabouts, taken before
the Right Hondurable the Lords Juſtices and Council.
He ſaid Examinat faith, That he thinks there will be Trouble Mac. Mabon's
TH
this Day throughout all the Kingdom of Ireland; and that all the Examination
« Fortifications of Ireland will be taken this day, as he thinks : And he and Confeſſion
“ faith, That he thinks, that it is ſo far gone, by this time, that Ireland Rebellion
cannot help it ; he ſaith he was told this by Captain Bryan 0 Neal ;
" he faith, That Captain Bryan 0 Neal, and Captain Hugh Burne were
deſigned for the Surprizing of the Caſtle of Dublin, and that if this
“ Examinat were one for Surprizing the Caſtle of Dublin, thoſe Captain's
were principal therein : He faith, The place of meeting was to be at the
« Examinat's Lodging ; He ſaith, That Twenty Prime Men of every
“ County in Ireland, were to be at Dublin this laſt Night concerning
“ this matter, and that they were to conſult of it this morning at the
Examinat's Lodging; their Weapons were to be Swords and Skenes,
"and that the Captains that were raiſing Men in the Iriſh Countries,
were they that ſhould bring men hither to ſecond the Buſineſs: Hé
faith, When they had Dublin,they made ſure of the reſt, and Expected
be furniſhed with more Arms at Dublin; He ſaid, I am now in your
hands, Uſe me as you will, I am ſure I ſhall be ſhortly revenged. And
being demanded whether the Lord Mac-guire was one appointed to
this Buſineſs, he, at laſt, faid he thought he was.
William Parſons,
R. Dillon,
Tho. Rotherham,
Ad. Loftus, Ř. Meredith,
7. Temple,
Vol. II.
Xxx
The
*
15-
1
CC
to
1
4
PL
+
. ]
..
--
1
IM
1
522 An impartial Colle&tion of all the memorable Events
CC
1
Novemb.
I: 641.
Tlse Examination of Richard Grave of Dronibote in the County of Mo:
noghan, Teoman, taken the 25th of October, 1641.
Thc Exami.
nation and
co
Depoſition of
WHo faith, That on Friday laſt the 22d. of this Montlr a little
Richard Graves
before Night, a Son of Art-Oge Oneal's of the Fues,whoſe Name
concerning the
Iriſh Rebellion. he knoweth not, accompanied with about One hundred of the ſaid
Art-Oge's Tenants, Armed with Swords,
Pitchforks, and ſome Muskets,
came to Dronibote aforeſaid, to the Houſe of William Grave, Brother
6 to the ſaid Richard, and having broken down the Doors and Windows
of the ſaid Houſe, they Rifled it, and robbed him of all the Money
they could find there, and of fundry other Goods, which they were
able to carry away; and when they had ſo done, they came to the
“ Houſe of William Grave the Elder, Father to the Examinat,and having
“ broken down the Doors of the ſaid Houſe, they robbed him of all his
" Money, Linnen and Clothes, and fundry other Goods.
He ſaith alſo, That the ſame Night they broke into, and robbed the
“ Houſe of Sir Henry Spatswood, in the ſame Town, and took from
thence all the Money and Plate which they found there ; .as alſo divers
Houſhold-Goods, and a fair Stone-Horſe.
“ He faith alſo, That about Twelve a Clock the next Day, the
fame perſons came again to the ſaid Town, accompanied with Two or
Three hundred more, and then Robbed, and ſpoiled, it of all the reſt
« of the Goods and Chattels which they found, and preſently after they
“ ſet fire upon all the Houſes there, and burnt them to the Ground; he
faith alſo, That the Goods which his father, and himſelf, and his Bro-
“ther did loſe thereby, were worth 500 l. and that he verily believes,
that the Goods which Sir Henry Spotswood loſt thereby, were worth
“ 1000 l. at leaſt,
He faith further, That on Friday aforeſaid, while the ſaid Art-
Oge's Son was in this Examinat’s Father's 'Houſe,he heard him the faid
Art-Oge's Son, and one Patrick Mac-Cadron of Drombee, who was
one of them, who were then in the Company ſay, That it was but
" the Beginning; but before they had done, they would not leave one
alive, Rich nor Poor, who went to Church: and faith alſo, That the
ſaid Art-Oge's Son, and Patrick Mac-Cadron ſaid there, That by the
next Night Dublin wouldbe too hot for any of the Engliſh Dogs to live
in.
James Ware.
66
1
The Procla-
and Council of
the Rebellion
Oct. 23. 1641.
1
The Proclamation which was ſet out and diſperſed to as many places as
mation of the. it was poſſible, to give Notice of the Diſcovery of the Conſpiracy, was
Lords Juſtices in bæc verba.
Ireland to ſtop
By the Lords Juſtices and Council.
William Parſons, John Borlaſe,
peſe are to make Known and Publich to all his Majeſties good
Subjects in this Kingdom of Ireland, That there is a Diſcovery
made by as the Lords, Judices and Council, of a moft Dit
loyal, and deteftable Conſpiracy, intended by ſome Evil affected
Iriſh Papiſts, againſt the Lives of Us the Lords Judices and Coun-
cil,
-
1
!
fror the Scotch Rebellion to the King's Murther:
523
cil, and many other of bis Dajefties faithfuil Subjcas univerſally Novemb.
thoughout this Kingdom, and for the Seizing not only of his wa I 641.
jeflies Caſtle of Dublin, bis Hajeffies principal fout here, but alſo,
of all the other poſtifications in the Kingdom z and íléing by the great
Huonels and abundant Mercy of Almighty God to his Majeſty, and
this State and Kingdom, thole wicked fonſpiraties are brought to
Light, and ſome of the Conſpiratols committed to the Caſtle of
Dublin by Us, by his Fajeſties Authority, ſo as thoſe wicked and
damnabie Plots, are now diſappointed in the Chief Parts thereof:
(We therefore have thought fit, vereby not only to make it publickly
known, for the Comfodt of bis Pajeſfies Good and Loyal Subj as
in all parts of the Kingdom, but alſo hereby to require them,
That they do with all Confidence and Chcarfulneſs, betake them
ſelves to their own Defence, and itand upon their Butard, lo to ren-
der the moze Safety to themſelves, and all the Kingdoin belides;
and that they advertize Us with all pollible Speed of all Dccurrents
which may concern the Peace and Safety of the Kingdomn, and now
to new fully that Loyalty and faith, which they had always ſhown
for the Publick Services of the Crowii and Kingdom, which We
will value to His Majeſty accordingly, and a lpecial Pemožy there-
of will be retained for their advantage in due time, and we l'e-
quite, That great Care be taken, that no Levies of Ben be made
:02 Foreign Service, noz any Den ſuffer'd to Parch upon any Pre-
tence.
Given at his Majeſties Caſtle at Dublin 23th of O&tober 1641.
Robert Dillon,
Adam Loftus,
Tho. Rotheram,
James Ware,
Robert Digby,
John Temple,
Fra. Willoughby,
Robert Meredith,
+
Two private Letters were read, ſent to the Lord Lieutenant, the
one from Sir John Borlaſe, one of the Lords Juſtices of Ireland, the
other from Sir John Temple, declaring the State and Danger, which
that Kingdom is in, if there be not preſent Supply both of Arms, Men
and Money from England.
Likewiſe the Lord Keeper acquainted the Houſe, That the Lords of The Iriſh Let-
the Council being informed of the Pacquets of Letters that came this ters Ordered
Week from Ireland, have ſent out their orders, and ſtayed them, and to be opened.
committed them into the Hands of the Gentleman Vlher, until their Lord-
ſhips further Directions be known herein. Whereupon the Lord Privy
Seal, Lord Admiral, Lord Chamberlain, Earl of Bath, Earl of South-
ampton, Earl of Leiceſter and Earl of Warwick were appointed to be a
Committee, to open and read ſuch Letters, as conduce any thing to the dif-
covery of the Affairs of Ireland, and to report the ſame to this Houſe, and
to return thoſe which concern Merchants Affairs to the-Post Maſter, to
be delivered to the Owners; their Lordſhips or any Seven or more of them
to meet, when they pleaſe, and have Power by virtue hereof, to divide
themſelves into ſeveral by any four or more, as they ſhall see Occaſion.
In the Commons Houſe, after the reading of the above related Papers
concerning this Horrid Conſpiracy in Ireland, the Houſe was reſolved
into a Committee of the whole Houſe, to conſider what was to be done
Vol. II.
XXX 2
upon
ta
+
i
ted to Connel
ley, for diſco-
Confcrcnce a.
524 An Impartial Collection of all the memorable Events
Novemb. | upon this Emergency, and ſeveral Votes were paſſed for ſeveral Heads
1 641.
of a Conference which was ordered to be deſired with the Lords upon
this Occaſion, which, the Reader, to avoid Repetition, will find in the
Report of that Conference, together with the ſeveral Anſwers of the
Lords unto them.
Among other Votes, for a Recompence and Incouragement to Oisen
Ô Connelly, the firſt Diſcoverer of this Deteſtable Treaſon, it was
Reſolved upon the Queſtion,
A Reward vo-
That Owen Connelly, who diſcovered this Great Treaſon in Ireland,
vering the 1- Shall have 500 l. preſently paid him, and 200 l. per annum Penſion, untill
riſo Rebellion,
Proviſion be made of Inheritance of a greater Valueand to be recommended
to the Lord Lieutenant of Ireland for ſome Preferment there.
A Meſſage was then carried up from the Houſe of Commons by Sir
John Clotworthy Knight, to deſire a preſent Conference, by a Committee
of both Houſes, if it may ſtand with their Lordſhips Convenience, touch-
ing the Troubles in Ireland, and the Security of this Kingdom.
To which the Lords immediately conſented, and the Lord Keeper was
Ordered to Report the Conference, which he did to this Effect;
Report of the
Mr. Pym ſaid he was commanded by the Houſe of Commons to deſire
bout the trou: their Lordſhips to let the Earl of Leiceſter, Lord Lieutenant of Ireland
bles In Ireland, know, That they take his Diligent and Timely acquainting the Parliament
Nov. I. 1641. with his Intelligence concerning the Rebellion and Treaſon in Ireland, very
well, for which he was commanded to give his Lordſhip. Thanks from the
Houſe of Commons, for his good Service done therein to the King and King-
donie.
He ſaid, He was further to Acquaint their Lordſhips with ſome Refo-
lutions which the Houſe of Commons have made concerning the Affairs and
the Securing of this Kingdom. To which purpoſe they Reſolved,
That 50000 l. fall be forthwith provided, and they defire that a Select
Committee of the Members of both Houſes, may be appointed to go to the
City of London, and to make a Declaration unto them of the State of the
Buſineſs in Ireland, and to acquaint them, That it will be an Acceptable
Service to the Commonwealth to Lend Money; and that the Committees pro-
poſe to the City the Loan of 50000 l, and to aſſure them, That they ſhall
be Secured both for the Principal and Intereſt by Act of Parliament.
(2.) That the Houſe of Commons deſires, That a Select Committee of
both Houſes may be appointed to conſider of the Affairs of Ireland, and of
the raiſing and ſending of Men and Ammunition from hence into Treland,
and of the Repair of the Lord Lieutenant of Ireland thither, and of a De-
claration of both Houſes of Parliament to be ſent into Ireland, and that
Committee to have power from time to time to open Pacquets ſent into Ire-
land, or from Ireland.
(3.) For a Reward for Owen Connelly, ut ſupra in the Vote.
64.3 That a Committee of Lords may be nominated to take the further
Examination af Owen Connelly upon Oath, upon ſuch Interrogatories as
ſhall be offered by a Committee of the Houſe of Commons, and in the pre-
ſence of that Committee.
65.) That the Cuſtody of the Iſle of Wight for the preſent may be ſeque-
Stred into another hand.
(6.) That'the Perſons of Papiſts of Quality in the ſeveral Coanties where
they
/
ſwers to the
Commons Proa
1
any. Peer
from the Scotch Rebellion to the King's Murtbeř: $25
they reſide may be ſecured, and fich Engliſh Papiſts as within one Tear, Noveint.
laſt paſt have removed themſelves into Ireland, (Except the Earl of St. 16.41:
Albanes and ſuch other Perſons as have their Ancient Eſtates and Habi-
tations there ) may by Proclamation be Commanded to return hither
within one Month after the Proclamation there made ; or otherwiſe fome
Courſe to be taken by Act of Parliament for Confiſcation of their Ejtates.
The Lords taking theſe Propoſitions into Conſideration ſeverally; Re- The Lords An-
ſolved as followeth :
(1.) To the Firſt, It was Agreed, That a Select Committee of Lords Cerning Ire-
pofitions con-
should joyn with a proportionable
Number of the Commons, to go to the City land, &c.
of London to Borrow 50000 l. for the Irish Affairs, and the Lord Privy
Seal, Lord Admiral, Earl of Warwick, Earl of Briſtol, Lord Biſhop of
Winton, Lord Biſhop of Lincoln, Lord Biſhop of Gloceſter,&c, weré nas
med, and Ordered to go to Morrow at 4 a clock in the Afternoon.
Ź.) To the Second, It was Agreed, and the ſame Committee appointed
this Day for Opening of Letters, were Ordered to ſerve for this matter.
(3.) To the Third, concerning a Reward to be given to Owen Connelly:
Agreed to.
(4.) To the Fourth, Agreed that the ſame Committee for opening Lets
ters, ſhall Examine Connelly, with this Liberty, That may
be
preſent, unleſs he be forbidden by this Houſe.
(5.) The Fifth Propoſition concerning the Iſle of Wight, laid aſide for
the preſent.
(6.) Concerning the 6th Propoſition, It is agreed, That ſuch as are con-
vičied Recuſants ſhall be ſecured, according as the Law hath appointed;
for ſuch as are not convicted Recufants, it is referred to the Select Coma
mittee of both Houſes to conſider what Courſe is fit to be taken to ſecure
their
perſons in thoſe caſes where the Law is defective. Concerning the
Proclamation, the Lord's think fit, That the Minutes or Draught of a
Proclamation be ſent to the King in Scotland, that ſo he may from thence
Send his Warrants, and Directions for iſſuing out a Proclamation to that
Purpoſe in Ireland.
After which the Lord Keeper by Command gave Thanks in the Name
of the Houſe to the Earl of Leiceſter Lord Lieutenant of Ireland, as be-
fore Mr. Pym had done in the Name of the Commons. And he was fur-
ther deſired, Speedily to write to the King, and acquaint him with the Af-
fairs of Ireland, and the Danger that Kingdom is now in, and to let His
Majeſty know, What Courſe the Parliament here hath taken for to give
Supply and Aid for the Reducing of the Rebels.
And alſo the Lord Lieutenant was commanded to write to the Lords
Juſtices of Ireland and the Council there, to let them know, That the
Parliament hath taken into their Care to ſend them a Supply of Men and of
Money with all convenient ſpeed, and are Reſolved, to give them Aſſiſtance
in this great Defection : wiſhing them to perfiſt in their Diligence and
Care in defending that Kingdom
againſt the Rebels, until Succours can be
sent them; And that they give Intelligence with the first Opportunities,
bow the State of that Kingdom is
, and bow the Rebels behave them
Before we proceed any further in this Parliamentary Account of theſe
Tranſactions concerning this diſmal Tragedy, and Infamous Conſpiracy,
acted by theſe Iriſh Papiſts, I think it will be no leſs than both the Rea-
ders
1
+
Selves.
:-
i
526 An Impartial Collection of all the memorable Events
1
4
Novemb. ders Curioſity, and the Nature of the Matter obliges me, to give a Suc-
1641. cinct account of the Occaſions, Reaſons and Grounds of this Horrid
Treaſon and Rebellion, leaving the following Series of it to be interwo-
ven with the other Matters which will compoſe theſe Hiſtorical Col-
lections; and this I will endeavour with all the Truth and Impartiality
I am capable of, according to the beft of my Judgment, and the Senti-
ments of ſuch Authorities as having been.Actors in, or at leaſt Eye and
Ear witneſſes of the Management of the Affairs of Ireland during this
Calamitous Storm, or rather Hurricane of that Rebellion; wherein
whole Rivers of humane Blood were moſt inhumanely ſlied, and the
Fields of that Iſland, formerly, for its Renowned Piety called the Iſland
of Saints, bluſhed with ſo many Carnages, as were capable of changing
the name, into the Iſland of Devils.; were it not that the better part
ought to give Denomination to the Whole, and that in that great De-
fection, the Proteſtant Nobility, Gentry and Commenalty, (and even
ſome of the Ancient Native Iriſ Nobility) to their Immortal Glory per-
fevered in their conſtant Loyalty and Fidelity to their Lawful Soveraign;
and did not amidſt ſo many Hazards and Hardſhips, Difficulties and the
moſt preſſing Dangers, relinquiſh the gaſping Intereſts of their Royal
but Unfortunate Maſter, till after they ſaw both Him and All their
Hopes, notwithſtanding their moſt Vigorous and Generous Attempts
and Endeavours, Breathleſs and Deplorate ; and that nothing leſs than a
Miracle of Providence was capable of giving them a Reſurrection; and
even then,when they ſubmitted their Necks to the Iron Yoke of the pre-
vailing Uſurpers, who had Murthered and Dethroned the Father, and
Baniſhed his Son and Succeſſor our now Gracious Soveraign, it was not
without a Wiſe Proſpect, which, the Illuſtrious Prince James, then Lord
Marquiſs, now Duke of Ormond, and by that Noble Title, as a mark of
his Majeſties Favour, and for his Extraordinary Merits, Conduct and
Sufferings, created a Peer of the Realm of England, even then had, that
it might be to his Majeſties Advantage, and that reſerving themſelves
to a better Fortune, they might upon any Turn of Affairs be in a Capa-
city to Exert that Loyalty which under all their Preſſures lay ſtill warm
in their Dutiful Hearts, and Willing Inclinations: And this I find juſti-
fied by the Lord Brohall, late Earl of Orrery, in a ſmall Treatiſe written
in anſwer to a Printed Letter of P.W's, where his Lordſhip to ſhew
how much the Proteſtants Exceeded the Papiſts in Loyalty and Duty to
the King, hath this Remarkable Paſſage:
0
C
The Earl of
Orrery's An-
ſwer to P.W.
printed at
Dublin 1662.
P. 27
In the Tear 1650, faith he, ſpeaking of his Grace the Duke of Ora
mond, then Lord Lieutenant of Ireland, le permitted all thoſe wor-
thy Proteſtants, which till then had ſerved under him, to come off to
" the reſt of the Proteſtants, though then headed by Ireton ; Eſteeming
" them Safer with that Real Regicide, so accompanied, than with thoſe
“ pretended Anti-Regicides, (the Papiſts) so Principled. And, adds lie,
if ſo Faithful and Wiſe a Servant to His Majeſty as the L. Lieutenant,
" had had any Hopes that the Iriſh Papiſts would ever have returned to
“ their Loyalty, doubtleſs he would never have ſent away from them, ſo
marry Powerful Helpers of it, and Friends unto it; and if he had not
“ had more than Hopes that the Engliſh Proteſtants would return to their
Obedience, as ſoon as they had Power. The Wiſdome of his Grace's fore-
figkit, has been happily fuftified in the Reſult ; For all the Proteſtants
which then came off, were Eminently Inſtrumental and Concurring in the
Duty!
+
66
OC
66
t
CC
4
न
from thë Scotch Rébellion to the King's Märther, 527
Duty of accompliſhing that happy Event, ſpeaking of his Majeſties Rer Novemb
ſtauration, I dare as truly as confidently Jay, That moſt of the Prote- 6 4 t.
(tants of Ireland, only ſerved under the vfurpers, but to bring the Iriſh
Papiſts to thoſe Terms, which without the force of Engliſh Swords, they
would never have been brought to ; it being too Evident, rhät irothing
could bind them but Steel and Iron.
So far his Lordſhip. But itill I am to inform the Reader, That the
name Proteſtant, whether his Lordſhip intended thát limitation or rio,
I know not, and this fair Character ought to be under the reſtriction, of
being only applied to thoſe Loyal Proteſtants who firmly adhered with
his Grace the Duke of Ormond to their Duty and Allegiance to his Late
Majeſty ; for there were another fort of People who glory much in the
Title of Proteſtants, the Covenanting Presbyterians and Schiſmaticks;
who were all along as bitter Enemies to his Majeſty and his Intereſts,
and who by their refuſing to ſubmit to his Majeſties Authority, veſted
in the Lord Lieutenant, did as conſiderable Miſchiefs to the King's Af-
fairs, and were in reality no leſs Rebels than the Papiſts againſt whom
they fought.
Nor is it only to gratiſie the Curioſity.of the Inquiſitive, that I think
it neceſſary to give this Preliminary account of the ſtate of the Iriſh Af-
fairs ſome time preceding, and to ſhew the probable Reaſons that occa-
ſigned this Great Revolt and Inſurrection, but alſo to wipe off the ſtains,
which ſome mens Tongues and Ink lave maliciouſly fixed upon the moſt
Inriocent Reputations in the World. And indeed ſuch is the Nature of
thoſe Corroding Vices of Envy and Detraction, that the moſt poliſhed
and brighteſt Integrity is not Armor of Proof fufficient againſt the Ruſt
of Time and Popular Calumnies; however, it is a Duty we ow to Po-
ſterity, to tranſmit to them the cleareſt Accounts we can of Truth,
and not to ſuffer the Illuſtrious Fame of Great and Worthy Men, to lie
Buried under the Rubbiſh, which prevailing Faction, and the accumula-
ted Malice of thoſe, who wrought their Ruin, hath heaped up-
on them; though to Ingenuous and unprejudiced Perſons, the great-
eſt Vindication that they are Capable of, is the Conſidération that
they were Enemies, who raiſed thoſe Calumnies, and therefore not wor-
thy to be Credited or Regarded.
It was one of the Common Topiques of thoſe wicked Miſcreants,
the late Uſurpers and Regicides, who made a Trade of. Slandering the
Foot-Steps of the Lord's Anointed, conſtantly to inſinuate into the
Minds of the People, that his late Majeſty was the Occaſion of the
Iriſh Rebellion, and that it was not ſuppreſſed, was perpetually charged
to his Score, as the Reader will hereafter have frequerit Opportunity to
obſerve; but that the direct contrary, was the moſt evident Truth i
doubt not
, but from many clear and undeniable Teſtimonies, I ſhall be
able in the following Collections to Evinice, even beyond all poſſibility
of Doubting.
The Iriſh Rebels indeed at firſt made his Majeſties Authority a prés
tence for their Treaſonable Rebellion, as in due time we ſhall ſee, and
the Engliſh Rebels as greedily laid hold upon that wicked and ground-
leſs Pretenſion, as if it had been the greateſt Reality; but to manifeft
how falſe
both the one and the other Calumny was, I will give a ſhort
hint, out of the abovementioned Book of the Earl of Orrery, where I
find theſe Words.
1
1
1
In
Earl of Orreo
ries Aniwer to
P.W. p. 29.
(C
CC
CC
528 An Impartial Collection of all the memorable Events
Novem. In the Year 1641, ſpeaking of the beginning of the Rebellion, the
1.6.4.I.
“ Iriſh Papiſts, faith he, pretended His Majeſties Authority, the preten-
ding whereof, having been ſo horrid a Sin, for it was no leſs than to
“ have Intituled His Sacred Majeſty to all their unparalelld Crimes, nay
to have made him the Author of them; I think it a Duty to the meino-
ry of that Glorious MARTY R, to preſent the Reader, with what
will clearly Evince their Malice to be as great as His Majeſties Ir-
nocence ; I will therefore only cite the Preamble of their owå Remon-
ſtrance delivered by the Lord Viſcount Gormanſton; Şir-Lucas Dillon,
·c and Sir Robert Talbot Baronet, to His Majeſties Commiſſioners at the
" Town of Trim in the County of Meath, on the 17th of March 1642.
In which Remonſtrance of Grievances, for ſo they called it, after they
had taken notice, that His Majeſty had Authorized Commiſſioners to
hear what they ſhould ſay or propound, theſe very words follow, Viż.
Which Your Majeſties Gracious and Princely favour we find accom-
"panied with theſe words; viz. Albeit we do extremely deteſt 'the
Odious Rebellion which the Recufants of Ireland have, withoút
“ Ground or Colour, raiſed againſt Us, Our Crown and Dignity. Words,
adds he, which deſerve to be written with A Beam of the Sun, as an
“ Eternal Monument of His Majeſties Juſtice, and their Guilt'; Nor
were they ſpoken in a Corner, but ſpoken under the Great Seal of Enga
“ land, and even in that Commiſſion which thoſe falſe Accufèrs were to
ſee, and bear Read ; and by thoſe Expreſlions they were ſufficiently
provoked, to have pleaded that Authority, which they ſo falſly pretén.
ded, had they had the leaſt ſhadow for ſo black a Calumny. So far the
ſaid Earl.
But in regard I find his Lordſhip Accuſed in this very Paſſage, by
P.W. in his Anſwer to that Book, as guilty of omitting the Clauſe im
mediately following, Viz. Which Words we do in all : humility conceive
to have proceeded. From the miſrepreſentation of our Adverſaries, and
therefore do proteſt, we have been moſt maliciouſly traduced to Tour
Majeſty. Although the ſaid P.W. doth very honeſtly acquit his Ma-
jeſty of that horrid Scandal, ingenuouſly acknowledging it was Sir
Phelim Oneal's invention, p. 57. Sec. 79. Yet to ſuperſede all further
doubting upon this occaſion, I will preſent the Reader with a Paper
which his Grace the Duke of Ormond jis pleaſed to oblige him with ;
which will abundantly manifeſt not only the Innocency of the late. il-
luſtrious Martyr, but ſhew the true temper of thoſe his inhumane Mur-
derers, who would have given Sir Phelim 0 Neal, by the allowed con-
feſſion of all Men, one of the moſt Bloody of all the Iriſh Rebels, not
only Life and Liberty, but a plentiful Reward, if he would have confir-
med this notorious Calumny; but the Papiſt had it ſeems for that time,
a far better Conſcience of Honeſty and Honour then thoſe impenitent
Rebels and Regicides, who called themſelves the True Proteſtants ; for
Dr. Ker the all theſe Temptations could not prevail with him, to buy his Life at
the Rate of a Sin which even to him appeared greater then all his other
poſition con- bloody Inhumanities and Cruelties. The Paper follows.
cerning the
John Ker Dear of Ardagh, having occaſionally diſcourſed with the
Right Honourable George Lord Viſcount Lanesborrough, concerning
giving'a Com the late Rebellion of Ireland, and luis Lordſhip
, at that time having defired
miſſion to the to certifie the ſaid Diſcourſe under my Hand and Seal, do declare as fola
Loweth.
That
i
-h
.
P. w's Apſiver
to the L. Ora
rery, p. 58, 59.
Scc. 81.
:
1
1
/
..]
.
Dean of Ar-
dagh his De
+
Calumny
thrown upon
K. Charles the
Rebels in Ire-
land.
1.
.
NI
Ir
19
F
:
from the Scotch Rebellion to the King's Murther. 529
That I was preſent in Court when the Rebel Sir Phelim Oneal was Novemb.
brought to his Tryal in Dublin, and that he was Tryed in that Court which 1641.
is now the High
Court of Chancery; and that his Judges were fudge Do-
nelan, afterwards Sir James Donelan, Sir Edward Bolton Knight, fome-
times Lord Chief Baron of the Exchequer ; Dungan, then called
Fudge Dungan, and another Fudge whoſe name I do not now remember
.
And that amongst other Witneſſes then brought in againſt him, there was
one Joleph Travers Clerk, and ove Mr. Michael Harriſon, if I miſtake not
his Chriſtian name ; and that I heard ſeveral Robberies and Murthers
proved againſt him, the ſaid Sir Phelim, he having nothing material to
plead in his own defence :: And that the ſaid Judge, whoſe name I remem-
ber not as abovefaid, Examined the ſaid Sir Phelim, about a Commiſſion,
that the ſaid Sir Phelim ſhould have had from Charles Stuart, as the
Said Judge then called the late King; for levying the ſaid War : That the
Said Sir Phelim made Anſwer, That be never had any ſuch Commiſſion ;
and that it was proved then in Court, by the Teſtimony of the
ſaid Joſeph
Travers and others, that the ſaid Sir Phelim had ſuch a Commiſſion, and
did then in the beginning of the ſaid Iriſh Rebellion phew the ſame unto
the ſaid Joſeph, and ſeveral others then in Court. Upon which the Said
Sir Phelim confeſſed;' that when he ſurpriſed the Caſtle of Charle-mount,
and the Lord Caulfield, that he Ordered the ſaid Mr. Harriſon and ano-
ther Gentleman, whoſe name I now-do not remember, to cut off the King's
broad Seal from a Patent of the faidi Lord's, they then found in Charle-
mount, and to affix it to a Commiſſioñ, which he tbe ſaid Sir Phelim had
ordered to be drawn up. And that the ſaid Mr. Harriſon did in the face
of the whole Court confeß; that by the ſaid Sir Phelim's order 'he did
Stitch the Silk Cord or Label of that Seal, with Silk of the Colours of the
Said Label, and ſo fixed the Label and Seal to the ſaid Commiſſion, and
that the ſaid Sir Edward Bolton, and Judge Donelan, urging the faid Sir
Pheilm, to declare why he did ſo deceive the People ? He did Anſwer,
That no Man could blante him, to uſe all means whatſoever to promote
that
Cauſe he had ſo far ingaged in. And that upon the ſecond
day of
his Tryal ſome of the ſaid Judges told him, that if he could produce any
material proof, that he had ſuch a Commiſſion from the ſaid Charles Stu:
art, to declare and prove it before Senterice ſhould.paß againſt him, and
that he the ſaid Sir Phelim ſhould be reſtored to his Eſtate and Liberty :
But he anſwered, That he could prove no ſuch thing ; nevertheleſs they
gave him time to conſider of it till the next day, which was the third
and laſt day of his Tryal
. Upon which day the Said Sir Phelim being
brought into the Court, and urged again ; he declared again, that he ne-
ver could prove any ſuch thing as a Commiſſion from the King : And added;
that there were ſeveral Outrages committed by Officers and others his ai-
ders and abettors in the management of that War, contrary to his Inteita
tion, and which now preſed his Conſcience very much ; and that he could
not in Conſcience add to them the unjuſt
, Calumniating the King, though he
had been frequently
ſolicited thereunto by fair Promiſes and great Rewards
while he was in Priſon. And proceeding further in this diſcourſe, that
immediately he was ſtopt, before he had ended what he had further to
Say, the Sentence of Death was pronounced againſt him.
And I do further declare, That I was preſent, and very near to the ſaid
Sir Phelim when he was upon the Ladder at his Execution ; , and that one
Marſhal
Peake, and another Marſhal, before the ſaid Sir Phelim
was cast
scame riding towards the place in great halte, and called aloud, ſtop
Vol. II.
A little
1
hy
fo
F
Y ý *
1
1
1
1
530 An Impartial Colle&tion of all the memorable Events
1
1
r
-
:
Novem. a little, and having paſſed throug), the throng of the Spectators and
I Ó 41. Guards, one of them whiſpered a prety while with the ſaid Sir Phelim,
and that the ſaid Sir Phelim anſwered in the hearing of ſeveral hundreds
of People, of whom my ſelf was one, I thank the Lieutenant General for
his intended mercy, but I declare, good People, before God and his
Holy Angels, and all of you that liear me, that I never had any Com-
million from the King for what I have done, in Levying or Proſecution
of this War, and do heartily beg your Prayers all good Catholicks and
Chriſtians, that God may be merciful unto me, and forgive me my ſins.
More of his Speech I could not hear, which continued not long, the Guards
beating off thoſe that ſtood near the place of Execution.
All that I have written as above, I declare to be true, and am ready
if thereunto required, upon my Corporal Oath to atteft the trutlj of every
particular of it. And in Teſtimony thereof do hereunto Subſcribe my
Hand, and afix my Seal, this 28th day of February 1681.
John Ker, Locus Sigilli
Nor will it appear at all ſtrange to Poſterity, that thoſe Infamous
Uſurpers, of the Presbyterian and Indepenent Faction of the Parliament,
who afterwards Murthered his Sacred Perſon, hould attempt to Affa-
finate the Fame and Honour of that Royal Martyr ; but when under
the Juſt and Eaſie Government of the Son of that
Father, perſons who
ſcem extremely ſolịcitous for the Truth, and to deliver the moſt impar-
tial account of thoſe Affairs to Poſterity, ſhall adventure to dip their
Pens in the ſame Ink, and revive the old ſleeping Calumnies, and In-
ſinuations, it will be abſolutely neceſſary by way of precaution to future
Ages, to ſet ſome Mark upon them, and to do Juſtice to the Memory,
ofpecially of that Injured and Oppreſſed Prince, by clearing it from theſe
falſe and unjuſt Aſperſions ; -left otherwiſe he ſhould again ſuffer a
Martyrdom in his Innocent Memory, and after times come to entertain
ſuſpicions that the Crimes objected againſt him were not altogether
Groundleſs, ſince they find them ſupported by thoſe, who ſeem to have
eſpouſed his Intereſt, and who make ſuch fair pretenſions to exact Truth
in the Relation of this Horrid Rebellion.
I will not inſiſt upon a late Paper which hath already rcceived the
marks of His Majeſties juít diſpleaſure, for inſinuating a Scandalous Re-
flexion upon his Royal Father in affirming, That the Committees of the
Parliament af Ireland, were in at the Intrigues of the Popiſh Faction at
Court: Which words, however endeavoured to be palliated, with a Re-
ſtriction only to the Rapiſts, who without employes of Miniſters or Pri-
wy. Councellors, followed the Court contrary to Law, yet in the Natu-
ral-import muſt ſignifie; a Managing, Plotting, and Deſigning People, to
whom for their Intercft and Power, the Committees made this Applica-
tion ; and what ever Conſtruction Loyal Subjects may make of ſuch
Words, ithe Turbulent:andiFactjous always, by Faction at:Court, under-
ſtand thoſe 'Minifters of State and Privy Councellors, whom they, ac-
cording to the Liberty-they take, are wont -to call alſo Evil Councel-
fors, Popiſh Councils, of which it is eaſie to give a Thouſand Inſtances;
and bow dangerous-luch Reflexions are to the Government, his laté
Majeſty
. fufficiently. felt, and his Son our Royal Sovereign 'hath had juſt
ground to fear; and the mare when they are propagated by perſons,
whoſe Station gives them a Populár Credit, and evil diſpoſed peçſons
will
17
1
It
1
1
M
1
1
1
531
1.
In
X
th
.
-1
I
1
1
madverſions
upon Dr. Bor.
**
from ibe Scotch Rebellion to the King's Märtber.
will be apt to draw inferences from ſuch Authorities, to ſupport the Novem.
dangerous Calumny againſt the Court of the Son, of which tlie Fathers
1.6.4.1.
is, how falſely foever Accuſed.
But though I inſiſt not upon this, Books of that bigneſs
, being not
long lived in the World, eſpecially when fo marked by publick repre-
henſion, yet I cannot paſs by what a late Hiſtorian, whoſe Works are
more likely to ſurvive the preſent and ſome future Ages, has upon this
ſubject interſperſed, to the Scandal of his late Majeſty, and one of his
moſt Faithful and Loyal Subjects, his Lord Lieutenant of Ireland, the
then Marqueſs, now Duke of Ormond ; whoſe generous fidelity to the
Crown of England, and conſtant ſervices to the Church and State, the
Proteſtant Religion and Intereſt, and his wife conduct of the Affairs of
İreland, with which he hath been ſo ſucceſsfully entruſted by His Royal
Maſter, might have expected a far better treatment, then now, when
the ſignal hand of Providence hath, as a Recompence of his Loyalty
and Sufferings, conducted his Grace to an Age of Glory, to raiſe new
ſtorms of Detraction againſt his Reputation and Honour, even when he
ſeems to have come to an Anchor, in the Favour of his Prince, and the
eſteem of all good and faithful Subjects to the Crown.
The Hiſtory, though his name is not affixed to the Title, goes ge- Some Ani-
nerally under the name of Dr. Borlaſė's; and if it be ſo, Dr. Borlaſe
muſt excuſe me, if I take the liberty to affirm, that he has not followed lafi's Hiſtory
Old Tully's Honourable Character of an honeſt Hiſtorian, Ne quid falli of the Exen
audeat dicere, of which I think he hath not only failed in many parti- Rebellion.
culars, but again raiſed up the Spirit of Detraction of the Good Old Cauſe,
to perſecute the Aſhes of the Illuſtrious Martyr, and wound the future
Honour of his moſt faithful Miniſters.
I do not intend to write a folemn Confutation of his Book; and more
then that, I do think it in many things true, and ſo uſeful, that I ſhall
make uſe my ſelf of ſuch Authorities in it, às are fortified by Truth ; but
I muſt ſtill have freedom, to diſſent from him wherever hereafter I find
him diſcrepant from Truth.
I lliall only in this place in ſhort take notice of ſome few paſſages,
wherein he ſeems not only to ſwim down the Popular Torrent of the
Calumnies of the late times of Uſurpation, but to bring the Stream of
his own Sentiments and Reaſonings, to ſupply that Channel which was
ſo near dry as to be almoſt Fordable by the moſt indifferent Underſtan-
dings, in the Tranſactions of the late Troubles; and in my Opinion
are of ſo dangerous Conſequence to the raiſing of new ones, that no-
thing but an ingenuous Confeſſion, of not attending to the Conſequen-
ces of reviving and promoting ſuch infinuations, can make any tolera-
ble excuſe for the miſchiefs they may do, and an indeavour to prevent
them by making the acknowledgment of the miſtakes as públick as the
miſtakes are dangerous.
But ſince, as I lately am informed, the Author is by his Death put out
of the poſſibility of making that Reparation to the Government; I think
of abſolute neceſſity to Thew the World thoſe miſtakes which ſurvi-
ving in his Writings, if not detected, may do more miſchief after his
Death, then his publick Recariting and Retracting of them could have
dóne Juſtice to the injured Memory of his late Majeſty, his Miniſters
and Government, had he lived and been ſo ingenuous as to
And firſt
, He ſeems to ſtumble at the very Threſhold of his Work
in matter of fact, which is but an Ominous ſetting out for an Hiſtori-
Vol. II.
Y y y 2
an,
1
it
S
to do it.
'1
532 An Impartial Collection of all the memorable Events
1
3
* Col. Craf-
'cc
5
Obſerve this
Novem. an, and muſt be either out of Ignorance or Deſign, either of which are
1 641. very ill Ingredients towards the compoſing a Hiſtory : An inſtance of
which, in the very firſt Page, in the Margin he calls Richard Belling.
R. B. a zealous Nuncioniſt. Whereas, though it is true that he was im-
ployed by the Supreme Council to Rome, and his Negotiation was the
occaſion of ſending the Nuncio over into Ireland, yet when he found
thie Nuncio and that Party to have other Deſigns then meerly the ob-
taining Liberty for their Religion, as at firſt they pretended, none were
more zealous in oppoſing them then Mr. Belling; or in promoting the
Peace, and ſubmitting the Iriſh to the King's Authority; he was one
among others of the ſupreme Council, who diſavowed and appealed from
the Sentence of Excommunication, procured againſt the Lord Lieutenant
and his Adherents; as is evident by a Book which he wrote in anſwer
to one publiſhed by French, the Titular · Biſhop of Fernes, written in
Juſtification of the Rebellion, and the aforeſaid Excommunication.
Pag. 5th of the Preface, he faith, The Cellation was managed by ſub-
" tile Inſtruments of State; And becauſe theſe words are a little Myſte-
rious, p.29th of the ſaid Preface he Explains himſelf, ſpeaking his
own Sentiments in the Language of Col. Crafford's Remonſtrance,
where he hath this paſſage : When I firſt enter'd on this Hiſtory, I
propos'd to my ſelf a Series of the Whole, but preſt with my own Affairs,
and matter increaſing plentifully upon me, I held it rational to Sum
up
the Whole, after I had brought it to the Ceſſation ; which ſome * had
ford's Remon-
Strance, p48.5.
an apprehenſion was not a leſs Plot to deliver the Remainder of his
Majeſties true Subjects into the Rebels hands, and to root out the
“Proteſtant Religion, then what was commenced the 23 of Oktober,
paſſage.
1641. But the Articles of that Ceſſation Speak otherwiſe, neceſſity be-
ing the Ground thereof, legible in His Majeſties Motives to a Ceſation
the 19th of September, 1643. Which afterwards was highly Contro-
verted, and in the end ſo infeebled, as the War ( according to the firſt
intent ) was after the Long Parliament graſp'd all ) purſued ivith
vigour and ſucceſ.
The Regicides, and Iriſh Papiſts might have ſharper Swords, but
ſurely they had not blacker Ink then Dr. Borlaſe; for either he thought
that this paſſage, of ſome thought the Cellation a greater Plot againſt the
Proteſtant Intereſt and Religion, then that of the Iriſh Papifts, Octob.
2:3, 1641, was either True, or elſe the moſt malicious Compendium of
Scandal
, that ever the Regicides or Iriſh Rebels endeavoured to fix up-
on His Majeſty ; if he thought it falle, he ſhould without mumbling
the matter between the Teeth of ſo many Parentheſes, as he does
where he ſeems to contradict it from His Majeſtics motives, and the
Articles; I ſay,he ought either not to have mentioned it at all, or to have
given it a laſting brand of Infamy. For by this intolerable Reflection the
Character of a worſe Plot is put upon His Majeſty,then thie execrable I-
riſh Rebellion to betray the Proteſtants and their Religion; ſince he him-
ſelf in the 118, 121, 124 and 132 pages of his Hiſtory, produces His
Majeſties Letters to the thien Marqueſs now Duke of Ormond, and the
Lords Juſtices, Borlaſe and Tichbirn, expreſly commanding the making
of that Ceſſation for one year. And I think to fix this
exceeds even the Exit Tyrannus, Regum vltimus of the Rebels. And
therefore all along his Hiſtory, he makes ſome body or other, ſtill think-
ing this Ceſſation a great Plot againſt the Proteſtants
, and extolls'the
management of the Parliament, who were againſt it ( after they had
grafpd
-CC
:
(6
LE
/
:
I
+
..
-
Name them?
from the Scotch Rebellion to the King's Murther. 533
grafpd all) for vigorouſly and ſucceſsfully profecuting the War: and indeed | Novemb.
it is very ſuſpicious, that he both thinks, and would have others think 164 .
this Ceffation a Real Plot; and that he hath a great Kindneſs for the
Engliſh Parliament Rebels, appears by the Tenderneſs he expreſſes for
them, as in this place, as if they were in good earneſt againſt the Iriſh
Rebels, and the King in good Earneſt for them, ſo allo P. 135. where
he hath theſe ſweetning Words, And indeed to give the Parliament their
due, when they had reduc'd the Affairs of England to their.own Modale,
the Rebels of Ireland were frequently Chastized, and ſo affectionately pur-
ſued, that neither Men, Money or Courage was wanting to that Services
Expreſſions ſo kind and tender, that one is tempted to believe, theſe
were ſome of the Nameleſs Worthies he mentions in his Preface Pag.
25.“ It may be, faith be, ſome ( whoſe Excellency conſiſts in Detraction)
will think by this) I had a particular Deſign (beſides the Hiftary) to
preſerve the memory of * ſame, who (otherwiſe ) in tract of time might be * If theſe some
loſt in the Common Rubbiſh: and I dare not diſown thoſe Conjectures, the were not fome
deſerving being to be in Everlaſting Remembrance; Nor bath it in all otus bar lilaiptera
Ages, and amongſt the Worthieſt Perſons teen eſteemed Pride, but Juſtice Regicides, as
rö° Erect Memorials and Altars to Meriting Heroes. And I think by welope conting
this Paſſage, he did not intend to put the Greateſt Hero and Martyr does he not
into his Calender, unleſs it be to Note him Nigro Carbono.
I ſhall have Occaſion to ſatisfie the Reader more particularly, when I
come to the Uxbridge Treaty, and the Papers which then paſſed be-
twixt the King and the Parliament;in the mean time, in thort, this was
the true State of the Matter, and then let the World judge, what
Ground Dr. Borlafe hath to revive this black Scandal againit his late
Majeſty, and his Grace the Duke of Ormond.
The Reaſons for making this Ceſſation, were plainly the miſerable
Condition, which that part of the Engliſh Army, under the Command
of the Marquiſs of Ormond was reduced unto, becauſe neither he, nor
the Officers and Soldiers under his Command, could be threatned or
ferſwaded, to favor the two Houſes of Parliament, in the War they
made againſt the King, whileit the Scotch Army were at the ſame
time plentifully provided for; ſo that thoſe who would not be of
their Party, had no choice beſide the Ceſſation, but to forſake their Al-
legiance, or Starve.
Beſides, the Parliament ſaw evidently, That if a Ceſſation were con
cluded, and a Peace ſhould follow upon it, the King would receive con-
ſiderable Supplies of Men from Ireland; which made them to ſave their
own Heads, forfeited to Juſtice, ſo violențly Oppoſe che Ceſſation, thò
they pretended other Reaſons of Religion and Conſcience, under which
Cloaks, they covered the moſt Impious and daring Villainies, which ever
the Sun beheld.
I might .produce other Paſſages, but muſt deſire the Readers Excuſe
for the preſent, till they naturally fall in my Way, but I cannot omit
one more P. 304. where he hath theſe very Words.
“ And certainly
whatſoever conſpired to complete ſo execrable a Defigu, as the Murther
of the King, nothing contributed more than the Irish deluding bis Sa-
"cred Majeſty, ſo long with their Promiſes of a competent Army, whereby
be relying on them (too confidently Aſfæred of their Ability and Power to
perform it ) .deferred thoſe Agreements, which elſe he might have seaſo.
“ nably compoſed at home.
This is a Čalumny fo black, and yet ſo Fertile and Politick, that it
I doth
1
r
t
។
534
Novem.
1641.
1
.
r
.
An Impartial Colle&tion of all the memorable Events
doth not by Retail, charge the Fatal Miſcarriages of the late War upon
the evil Counſellors and Miniſters, as the more modeft Regicides did,
but delivers them in Groſs, and by whole-Sale upon the King ; making
him, by deferring thoſe Agreements, which elſe he might have ſeaſonably
compoſéd at Home, a felo de ſe, and Guilty of his own Execrable Mur-
ther. When all the World knows, thoſe Agreements which he might
ſo ſeaſonably, as our Hiſtorian faith, have made, were upon no eaſier
Conditions, then parting with his Crown and Scepter, and content-
ing himſelf with the empty Name of a King, and that too, at the di-
ſtretion of the two Houſes, who would have the Sword and the Purſe
of the Nation at their abſolute Command.
It is certainly true, this perfidy of the Iriſh, did Contribute much to
his Majeſties Ruine, but it is as certain, that other things conſpired
more, the Obſtinacy of the Engliſh Rebels, whoſe Flagitious Guilt,
would not permit them to think any thing leſs then his Death, could
ſecure their own Lives and Uſurpations: and certainly the Calumnies
and Detractions, of favoring Popery, and Deſigning to Govern Arbi-
trarily, of countenancing the Iriſh Rebellion, and contriving to deliver
up
the Remainder of the Proteſtants and their Religion by the cellation,
&c. which Calumny Dr. Borlaſe has taken Care to revive, contribu-
ted more to his Majeſties execrable Murder ; for with theſe Slanders and
Aſperſions, they at firſt Poiſoned the Minds of the Credulous Multi-
tude; by theſe Incentives and Motives, they hurried them on to an
open Rebellion, by theſe Arts they ſupported the War, and overcame
the Loyal Party; and, in fine, by theſe pretended Crimes they blackned
his Majeſty, and brought his Royal Neck to the infamous Block: and
for what Reaſons Dr. Borlafe ſhould again raiſe theſe Helliſh Calum-
nies to Poſſeſs the People, at a Time when the very fame Facti-
on of Sectaries and Republicans, were putting the Nation into the Old
Ferment of Fears and Jealouſies, it will be difficult to conjecture, un-
leſs it were to inſpire the preſent Age, with Animoſities and Hatred
againſt his Majeſty, his Miniſters and his Government, as purſuing
the ſame Methods, with which he falſly Arraigns the Memory of his
Royal Father, and by the ſame wicked Arts, to Compaſs and Effect
the ſame unparalelld Miſchiefs and Villanies.
The truth is, when it is conſidered, by what Stars he directed his
Sails, it will be apt to Confirm the Belief that he hath received his
Meaſures from ſome Perſons, whoſe Intereſt it is to have their own
Actions palliated, and thoſe of his Majeſties moſt Loyal Subjects, who
followed the Marquiſs of Ormonds, as he did his Majeſties Directions,
leſſened and vilified, and I cannot ſee the Sketch of his Hiſtory drawn
by the Hand of the Biſhop of Meath, without which he faith P. 19. of
his Preface, The Hiſtory, muſt want much of its due Method, and more
Eloquence, without giving a ſhort 'Stricture upon that Prelate, and
then leaving it to the moſt Partial Judge to determine, what Right
the King and Royal Party, and particularly his Grace the Duke of Ör-
mond, are to expect from ſuch an Hiſtorian and ſuch a Hiſtory, when
one of his principal Authorities, from whom he faith, he had ſeveral Paſſa-
ges
in the inſuing Hiſtory, was in actual Arms in the Parliamentari-
au Party, who though they fought againſt the Rebels
, yet were no
leſs Enemies to the late King, then the Iriſh Rebels whom they op-
poſed.
This Biſhop of Meath was in the beginning of the Iriſh Rebellion, a
Dean
:
-
1
EP
E'
.
it
***
5
H
1
1.
:
}
1
fron the Scotch Rebellion to the King's Murther.
535
Dean in Ireland, Nephew to Primate Uſher, and being delivered from Novemb.
the Danger he was in, by a Gentleman of the Reyleys, who alſo ſaved 16 41.
many other Proteſtants Lives, by: conveying ſuch as put themſelves
into his Protection, fafely into the Engliſh Quarters, Feeding and Cloth-
ing ſuch as were Stript and in Neceſity, the Doctor when he came
to Dublin, was imployed to take Examinations of all the Engliſh and
Proteſtants, that had ſcaped the Fury of the firſt Inſurrection ; he was
afterwards ſent to London, to follicite for Relief for the diſtreſſed Pro-
teſtants .of Ireland, either from the Parliament, or by Contribution's
from Charitable Perſons : upon his Return from thạt Negotiation, he
was made Bilhop of Clogher, by the Recommendation of the then Mar-
quiſs of Ormond, and ſo continued till the Surrender of Dublin, into the
Hands of Mr. Arthur Anneley, now Earl of Angleſey, and other Com-
miſſioners from the Parliament; and that Biſhops Hand is to an Addreſs
to the Marquifs of Ormond, among other of the Clergy, by the Name
of Henry. Fones: Bụt after, when Dublin was given up, and the Parlia-
ments Forces prevailed in the whole Kingdom, ſaving the Iriſh Quar-
ters, he ſo far complied with thoſe Anti-Epiſcopal Regicides, as that
from a Biſhop, he became a Scout-Maſter General, changing his Epiſ-
copal, nay even his Miniſterial Habit, into a Military, the Sword of
the Spirit, into one of Steel, and upon Occaſion dying it in the Blood
of his Enemies. However upon the King's happy. Reſtauration, where-
in he was in his Station in Ireland Inſtrumental, he was for that Rea-
ſon, notwithſtanding his. Irregularities reſtored to his Biſhoprick of
Clogher, and afterwards-promoted to be Biſhop of Meath.
The Reader poſſibly will look upon this, as a large Digreſſion, but
I hope the Influence, it muſt neceſſarily have towards the Diſcovery
of Truth, will frame an eaſy Apology for me; and poſſibly I ſhould
not at this time ſo ſoon have diſmisſed the Doctor, without acquaint-
ing the Reader how perſonally, by the Propenſion of his own Inclinati-
ons, he was interreſſed to be partial to the Actions of thoſe Perſons,
Things and Times, whoſe Principles he had ſo warmly Eſpouſed, be-
ing declaredly of the late Parliament Faction, but he being not now in
Condition to Anſwer for Himſelf, common Humanity inclines me to
beſparing in that particular, and where I have Occaſion to contradict
his Hiſtory, only to Thew how he hath deviated from the Integrity of
a jult Hiſtorian
Having thus cleared my own Way, and I hope difpelled ſome of thoſe
Miſts, which otherwiſe might make me not only apt to miſtake my
ſelf, but alſo'ụnable to Guide others in theſe Iriſh Affairs, I am in the
Next place to give the beſt account I am able, of the Reaſons, Grounds
and Occaſions of this deteſtable Inſurrection; wherein I do aſſure the
Reader I will endeavour to hold the Beam of Truth with all the Integri-
ty I poſſibly can; and will ſolemnly avow, That I know no Tempta-
tions in the World that are capable of removing me one ſingle Hairs
breadth, out of the Honorable Paths of Truth and Honeſty.
It is therefore agreed on all hands, That for ſome time before the
Eruption of this Flaming Rebellion, the Affairs of Ireland were in all hu-
manc appearance in a better Condition, then Generally they had been
ſince the Acceſſion of that Kingdom to the Crown of England: You
ſhall hear my Lord Orrery's Account of it in his forementioned Book,
p. 10, 11, where he faith, " The Wiſeſt of Men thought the Irish Papiſts E. of Orrery's
faſtned to his Majeſtie, in the Tear 1641, by the beſt of Governments ; Anſwer to Peter
" and walſh.
I
11
536 An Impartial Collection of all the memorable Events
CC
that very
1
P. 26. 27.
+
Novemb. " and to the Engliſh Proteſtants, by the ſtricteſt ties of Intereſt, Friend-
I 641.
“ Jhip, Marriage, and, which is more in their Eſteem, Goſipping and Fo-
ſtering; to the Publique Peace by their as flouriſhing, ſo free. Condi-
tion; and to all, by thoſe Royal Graces, which his Sacred Majeſty at
that time indulged their Commiſſioners, ſuch as themſelves deſired, 'twas
“ but then ask and have : Tet all this Honey was turned into Gall, for at
time where in the King was Exerciſing ſuch high Aits of Grace
to them, the Iriſh Papiſts plotted and ſoon after perpetrated the Worſt
of Rebellion ; the Worſt Extenſive, Exulcerating: generally; and In-
tenfivè, breaking forth with more Perfidie, Barbariſm, and Cruelty,
“ than can be paralleld in any Hiſtory.
The great motive at leaſt in pretence was Religion ; For whereas Dr.
Borlaſe in his Prefacé, faith, It is Evident they never had so free Exer-
ciſe of their Religion, as when the Rebellion began: It is Evident that he is
miſtaken, even by the Teſtimony of the Perſon of whoſe Book he faith,
Sir John Ten-
-p.7th of his Hift. in the Margin, It was à Piece of that Integrity feiv
ple Iriſh Reb.
can Equal, none Exceed; who could have informed him, that this free
Exerciſe of Religion, was only clancular and in private.
But they evidently law, that the Calúmnies caft upon the late King
as a Favourer of Popery, was one of the principal Engines by which the
Factious part of the Parliament of England alienated the affections of all
his Majeſties Engliſh and Scotch Proteſtant Subjects from him ; beſides
the Severities which the Parliament provoked the King upon his peril
to inflict upon the Papiſts in England and Scotland, was made Uſe of by
the Popish Clergy to drive them into a Rebellion, by inſinuating, That
if the Parliament could bring the King under their Government, there
was nothing to be Expected, but the total ſuppreſſion of their Religion,
and the Eradication of their Nation : In confirmation whereof, it was
*Sir John Clot- confidently averr'd to them, That a * Member of Parliament concern'd
worthy. in Ireland, did in the Houſe of Commons declare in a Speech, That the
Converſion of the Papiſts in Ireland was only to be Effected, by the Bible
in one hand, and the Sword in the cthér : And I have been told by a
Perſon of Honour and Worth, that Mr. Pym gave out, That they would
not leave a Prieſt in Ireland : Nor could their Committees who were
here be ignorant of theſe Paſſages, or being many of them Papiſts, not
communicate it to the Iriſh Papiſts.
Another Encouragement to this Rebellion, was the Example of Scot-
land, as appears plainly by Connelly's Depoſition, who was told by Mac-
Mahon, that, they did this to imitate Scotland, who got a Priviledg by
that Courſe. And the Confeſſion of the Lord Mac-guire, which the Rea-
der ſhall preſently ſee, does not obſcurely hint, That the Earl of Argyle
the Head of the Covenanting Rebellious Scotch Presbyterians, was un-
der-land working the Iriſh into ſome Conſpiracy againſt the King, pro-
kably that his hands being full, they might procure better Terms for
themſelves, and divert the Storm of the Engliſh Arms, which then were
impending upon them.
Nor was the taking off the Earl of Strafford, that Great, Wiſe, and
Valiant Man, a little contributing to this Iriſh Tragedy ; for beſides,
that it is viſible that the Iriſh Committees who were many of them Pa-
piſts, were higlily inſtrumental in furniſhing the Engliſh Parliament with
matters of Complaint and Accuſation againſt that Noble Lord, for which
they were mightily at that time, thô known Papiſts
, careſſed by the
Earl's Enemies in the Commons Houſe, ſo it is no leſs Viſible, that this
Deſign
1
&
:
1:
i
1
from the Scotch Rebellion to the King's Murther. 537
Deſign of theirs, though it liad been long contriving, advanced more in Novem:
half a Year after his Vigilant Eye was taken off their Actions, and liis 1641.
Hand from the Reins of the Government, then it had in all the time be-
fore, as will plainly appear by Mac-guire's Confeſſion.
And in Confirmation of this, I think it a Debt due to the Illuſtrious
Memory of that Great Man the Earl of Strafford, whom I cannot name
without and Pity Wonder, to inſert part of a Letter of his, to his Dear
and Intimate Friend Mr.Wandesford,then Maſter of the Rolls, and one of
the Lords Juſtices in 1636, wherein he acquaints him with the account
which he had given in to the King and Council, of the ſtate of Affairs in
Ireland, which he doth in theſe Words;
Informed them, That the Army was well Clad,reaſonally well Armed, The State of
(but ſhould be better,) well Exerciſed, and well Paid, which they had the Army in
never been before ; That I had viſited the whole Army, ſeen every ſingle Strafford's
man my ſelf, as well in his own perſon, as in his Exerciſing, where other Time, 1636.
Generals that had continued that Charge longer then my ſelf, had not taken
a view ſo much as of ome Company; that in the Removes and Marches of
the Army, they pay'd juſtly for what they took, and paſſed along with Civi-
lity and Modeſty, as other Subjects, without Burden to the Country through
which they went ; whereas formerly they took the Viétuals and paid 10-
thing for it, as if it had been in an Enemies Country; whence it was, that
the Soldier was now welcom in every place, where before they were in aba-
mination to ihe Inhabitants ; That by this means, the Army in true account
might be ſaid to be double the Strength, as it had been; That this was ſo
apprehended by the ill-diſpoſed, as there is neither Courage nor Hope left
for oppoſition; the good Subjects ſecured, the bad kept in humility and fear
by it; That they were worthy of the Kings Entertainment, and when they
Shall be ſeen, will appear with a Company of gallant Gentlemen their offi-
cers, fit to ſerve a Great and Wife King : whereas not much of this before,
but rather quite the Contrary. That for my ſelf, I had a dead. Stock in
Horſes, Furniture and Arms, for my Troop, that ſtood me in 6000 l, that
So I was in readineſs upon ari hours warning to march; nor did I this out
of Vanity, but really in regard I did conceive it became me not to repre-
jent ſo great a Monarch as his Majeſty, meanly in the light of that people;
and that it was of mighty Reputation to the Service of the Crown, when
they ſaw me in ſuch a Poſture, that I was upon an hours Warning able to
put my ſelf or Horſeback, and that the Soldiers ſhould ſee I would not
Exačt ſo much duty from any private Captain, as I did impoſe upon my
Self being their General.
Laſtly, it was my humble Advice, That the Army, as of abſolute Neces.
ſity to the Government, was rather to be reinforced, then at all diminiſhed,
an Excellent Miniſter and Alliſtant
in the Execution of the Kings
Writs; the great Peace-maker betwixt the Brittiſh and Natives, betwixt
the Proteſtant and the Papiſt, and the chief Securer, under God and his
Majeſty, of the Future and Paſt Plantations.
His Lordſhip alſo moved, That he might be permitted to keep a con.
ftant Fund of 20000 l. in the Exchequer in Ireland, to be ready upon
all
occaſions ; And certainly had he continued his Life, and this Well-laid
Way of Managing the ſpirits of ſome of the Old Iriſh Eſpecially, there is
all the probability, that humane affairs can afford, that the Iriſh had not
made themſelves fo miſerable a Nation, as by that Barbarous Rebellion
Vol. II.
Z z z
they
11
H
1
ilir
!! II
as being
1
1
11.
TY
1
j.
WI
1
.
.
1
538 An Impartial Collection of all the memorable Events
Novemb. I they did ; and that the Engliſh Rebellion which was wonderfully influ-
1 641. enced by it, either had not been at all, or had never arrived to thoſe ac-
curſed Succeſſes and Period; for at leaſt he would have kept the Scots
imployed at home, if he had not aſſiſted the King with Men here in
England againſt the Rebels.
But to proceed, what ever Fucus of Religion, theſe, as well as the
Engliſh Rebels afterwards, might make uſe of, to paint the fezabel of
Treaſon, there was a Deſire of Ihaking off the Government and Depen-
dency upon the Crown of England, at leaſt in ſome of the Iriſh, as will
plainly appear in their Enſuing Actions; and what ever the other Mo-
tives and Occaſions of this Detection were, undoubtedly the Engliſh Re-
bellion which followed this ſo cloſely at the heels, diſabled the King
from having the Power, as he liad the Will to have hazarded his Royal
Perſon, to ſuppreſs it, in its Infancy ; by® reaſon whereof it came to be
of ſo long Continuance, and Ireland to drink ſo deeply of the Calamities
which attended this Dreadful Rebellion.
There were ſeveral other Concomitant Actions even of the Govern-
ing part of the Nation, who were many of them Parliamentarians in
Heart, and afterwards violently ſo in their Actions, which did increaſe
and heighten the deſpair of the Iriſh; and I have ſeen ſome Minutes of
the Council-Baard, which aver, That Sir Charles Coot ſaid, That when
Sir Luke Fitz-Gerald miſdemean'd himſelf before the Board, by incivil
Words toward a Member of the Board, he let him have the line, and would
not reprehend him, in hope he would go into Rebellion, for he ſaw he would
do so, and that the more that were in Rebellion, it was the Better : And
certainly there were ſome unjuſtifiable Severities Uſed, by the Lords Ju-
ſtices and Council, as prohibiting the Iriſh to come to Dublin upon pain
of Death, by Three ſucceſſive Proclamations, and afterwards burning
their Houſes,&c. for giving Entertainment to the Army of the Rebels,
one of the two being unavoidable ; their making Priſoners and Indicting
ſuch of them as came in and ſubmitted to the Marqueſs of Ormond, in
hopes of kind Uſage, notwithſtanding his Interceſſion for them, and the
advantage they might reaſonably Expect, ſuch Clemency would be to
them, in order to reclaiming the more Moderate, and ſuch as had com-
plied with the Rebels out of pure Neceſſity; of which ill Treatment I
ſhall produce one of their Letters to the Marqueſs of Ormond, with an
Expreſs Command from the Lords Juſtices and Council for his ſo doing.
Which Letter was as followeth,
از
G 다
​A Letter from
the Lords Ju-
ſtices and
Council, ro E.
A
proſecute the
Rebels with
Fire and
Fter Our very hearty,&c. We the Lords Fuſtices have received
your
Lordſhips Letters of this dayes date, which we communicated with
the Council; and having taken the ſame into Serious Confideration,
of Ormond,... after deliberate Adviſement thereof at this Board, We have thought fit to
return your Lordſhip this Anfver :
That calling to mind the Reaſons, moving this Board to take the Reſolu-
Sword, doc.
tion Expreſſed in our Order dated the 3d. of this Month concerning the
Martii 9.2641.
preſent Expedition, and conſidering divers other Weighty Reaſons now ap-
pearing to us in Council, and for that alſo we have by our laſt Letters" into
England, as your Lordſhip kñowes, made known thither, That
ship with 3000 Foot and 500 Horſe was immediately to March into the
Pale, to burn, Spoyl and deſtroy the Rebels of the Pale,without excepting of
any; And for tliat the direction we Expected forth of England concerning
the Lords of the Pale did not concern this Matter, we therefore think
fit,
First
+
your Lord
2
1
1
1 641.
from the Scotch Rebellion to the King's Murther. 539
Firſt, Tliat according to that Order of this Board you paſ not beyond, Novemb.
the River of Boyne, but March in ſuch places between the Boyne and the
Sea as your Lordſhip ſhall think fit.
Secondly, That thoſe that offer to come in, be in no other manner taken
in, then as Priſoners, 'taken by the Power and Strength of his Majeſties
Army, as in truth it is ; and if any of them come to the Army, that if it
may be the Soldiers do ſeize on them, before they have acceſs to your Lord-
ſhip, and that afterwards they be denyed acceſ to your Perſon.
Thirdly, That no difference be made between the Noblemen that are
Rebels, and other Rebels, but that their Houſes and Goods be dealt wit);
as other Rebels are in manner, as in our ſaid Order dated the 3d of this
Month is ·Expreſſed, which we now again recommend to your Lordſhips
obſervation.
In the laſt place, We render Thanks to your Lordſhip for your Letters,
praying your Lordſhip to be as Frequent as you may in Advertiſements to
us during your Abſence : And in caſe you find the neceſſity of the Service
to require your abſence from hence for a longer time, then the 8. days men-
tioned in our Order of the 3d of this Months, We are pleaſed, That your
Lordſhip be abſent two or three days longer,if you find all things concurring
therein-to the advantage of the Publique Service, in caſe in the interin
you receive no direction from us to the contrary. And obſerving no men-
tion in your Letters of having conſulted with Sir Richard Greenfield, as
with other Commanders, We pray your Lordſhip, That as there
occaſion you call him to ſuch Conſultations. And ſo we bid,&c. from his
Majeſties Caſtle of Dublin the 9th of March, 1641.
may be
Your Lordſhips very Loving Friends,
William Parſons,
Fohn Borlafe,
R. Dillon,
F. Temple,
Charles Coote,
Th. Rotherham,
Fr.Willoughby,
R. Meredith.
+
1
+
1
ii
ا را به
Poſtſcript,
WHen Tour Lordſhip ſhall have peruſed and ſigned the incloſed, We
pray you to cauſe it to be conveyed to Sir Henry Tichburne.
To our very good Lord fames Earl of Ormond,&c.
The Reader will meet with ſeveral others of theſe fierce Commands,
in the Series of their due time, only I could not omit inſerting this in
this place, though a little before its proper time, to clear this point, and
to vindicate the Reflections of his late Majeſty in his Remarques upon
this Rebellion, as well as his future Actions, in diſplacing ſome of theſe
fiery Men, and putting others of better Temper in their places ; which
it will
appear he did with great Juſtice and Prudence; and if he erred
in
any thing, it ſeems to be in that he did not do it ſooner, before they
had, blown the Nation into fo. Univerſal a Flame of Rebellion by their
Rigid Presbyterian Severities, which come no whit behind their. Bre-
thren in Cruelty the Papiſts, in their Unchriſtian Evangelium Armatum,
and propagating Religion by Fire and Sword.
And becauſe it will give us a great light into the Cauſes of this dread-
ful Rebellion, for which we are now ſearching, let us hear what that
Vol. II.
Zzz 2
Excel-
4:
41
ww
+
T!
WIH
1
1
Εικών Βασιλή-
xn. Cap. 12.
(c
TH
bellion and
Troubles in
Ireland,
CC
1
14
CC
CC
62
CC
6
TIR
-
1
1.
44 1
540 An Impartial Collection of all the memorable Events
Novemb. | excellent Prince ſayes, upon this Subject in thoſe Cool and Melancholy
| 641. Minutes, when he had too much Leiſure to write his Innocent Thoughts,
and to Steal ſome reſpit, from the Preſſures of his Sufferings, and In-
tolence of his Inſulting Enemies, by the retired Divertiſements of his
Incomparable Pen.
He Commotions in Ireland were ſo ſudden and ſo violent, that it
Upon the Rc.
was hard at firſt either to diſcern the Riſe, or apply a Remedy.to
" that precipitant Rebellion : Indeed that Sea of Blood which hath there
“ been Cruelly and Barbarouſly ſhed, is enough to drown any man in
“ Eternal, both Infamy and Miſery, whom God ſhall find the malicious
“ Author or Inſtigator of its Effuſion.
It fell out, as a moſt unhappy advantage, to ſome Mens Malice,
againſt me, that when they had impudence enough to lay any thing
to my Charge, this bloody opportunity ſhould be offered them, with
which I muſt be aſperſed ; although there was nothing which could
be more abhorring to me, being ſo full of Sin againſt God, Diſloyalty
to my Self, and deſtructive to my Subjects.
“Some Men took it very ill not to be believed, when they affirmed,
That what the Iriſh Rebels did, was done with my Privity, at leaſt,
if not by my Commiſſion : But theſe knew too well, that it is no
news for ſome of my Subjects to figlit, not only without my Com-
million; but againſt my Commandrand Perſon too, yet all the while
to pretend they fight by my Authority, and for my Safety:
I would to God, the Iriſh had nothing to alledge for their imita-
« tion againſt thoſe whoſe blame muſt needs be the greater, by how
much Proteſtant Principles are more againſt all Rebellion againſt Prin-
ces then thoſe of Papiſts ; Nor will the Goodneſs of Mens Intentions
excuſe the Scandal and Contagion of their Examples : But whoever
“ fail of their Duty toward me, I muſt bear the blame; this Honour
my Enemies have always done me, to think moderate injuries not
proportionate to.me, nor competent Trials, either of my Patience un-
“ der them, or my Pardon of them.
“ Therefore with Exquiſite Malice, they have mixed the Gall and
Vinegar of Falſity and Contempt, with the. Cup of my Affliction ;
charging me not only with untruths, but ſuch, as wherein I laye the
greateſt ſhare of Lofs and Diſhonour by what is committed; wliere-
as, in all Policy, Reaſon and Religion, having leaſt Cauſe to give the
leaſt Conſent, and moſt grounds of utter Deteſtation, I might be re-
preſented by them to the World, the more Inhumane and Barbarous,
© like ſome Cyclopick Monſter, whom nothing will ſerve to Eat and
Drink but the Fleſli and Blood of my own Subjects, in whole com-
-mon Wellfare, my Intereſt lies as much, as ſome Mens-doth in their
Perturbations, who think they cannot do Well but in Evil Times,
nor ſo cunningly, as in laying the Odium of thoſe fad Events on others,
wherewith themſelves are moſt pleaſed, and whereof they have been
not the leaſt:occaſions...
“ And certainly, 'Tis thought by many Wiſe Men, that the prepo-
ſterous Rigour, and unreaſonable ſeverity which ſome Men carried
before them in England, was not the leaſt incentive that kindled and
blew
up
into thoſe Horrid Flames, the Sparks of Diſcontent, which
wanted not prediſpoſed Fewel for Rebellion, in Ireland; where Dif-
pair being added to their former Diſcontents, and the fears of utter,
Extirpation
C
11
បា
141
CC
lice
CC
+
W
hr
(
:
C
Cupiter
$6
1
NU
1
66
:
1
de
ilux
1142
اما با
ec
4
1
!
UN
th
Ir k*
1
:
66
16
16
I
.
1
2
*
1
from the Scotch Rebellion to the King's Murther.
541
Extirpation to their wonted oppreſſions, it was eaſie to provoke to an. November.
open Rebellion a People prone enough to break out to all Exorbitant 1641.
Violence, both by fome Principles of their Religion, and the natural
“ deſires of Liberty, both to Exempt themſelves from their preſent re-
ſtraints, and to prevent thoſe after Rigours wherewith they ſaw
themſelves apparently threatned, by the Covetous Zeal, and Unchari-
table Fury of ſome Men, who think it a great argument of the Truth
of their Religion, to endure no other but their own.
“ God knows, as I can with Truth waſh my hands in Innocency, as
to any. Guilt in that. Rebellion; ſo I miglit waſli them in my Tears,
as to the fad apprehenſions I had, to ſee it ſpread ſo far, and make
ſuch waſt: And this in a time, wlien Diſtractions and Jealouſies here
in England made moſt Men rather intent to their own Safety, or
Deſigns they were driving, then to the relief of thoſe who were every
“day Inhumanely Butchered in Ireland ;. whoſe Tears and Blood might
if nothing elſe; have qüenclied, or at leaſt, for a time repreſſed and
« fmothered thoſe Sparks of Civil Diſſentions and Jealouſies, which in
England ſome men moſt induſtriouſly ſcattered.
“I would to God no man liad been lefs affected with Ireland's fad
Eſtate then my Self ; I offered to go my Self in Perſon upon that Ex-
“ pedition : But ſome Men were either afraid I ſhould have any one
Kingdom quieted, or loath they were, to ſhoot at any mark here, leſs
".then my Self; or that any ſhould have the Glory of my Deſtruction,
“ but themſelves : Had my many offers been accepted, I am confident
neither the Ruin had been ſo great, nor the Calamity fo long, nor
the Remedy ſo deſperate': So that, next to the ſin of thoſe who be-
gan that:Rebellion; theirs muſt needs be, wliö cither hindred thë ſpee-
dy ſuppreſſing of it, by Domeſtick Diftentions; - or diverted the Aides,
or exaſperated the Rebels to the moſt deſperate Reſolutions and Acti-
ons, by threatning all Extremities, not only to the known Heads and
« cliief Incendiaries, but even to the whole Community of that Nation,
“ reſolving to deſtroy Root and Branch; Men, Women and Children,
56 without any regard to thoſe uſual Plàs for Mercy, which Conque-
rors, not wliolly Barbarous, are wont to hear from their own Breaſts,
in behalf of thoſe, whoſe oppreſſive. Fears, rather tlien their• Malice,
engaged them; or whoſe imbecility for: Sex and Age was ſuch; as they
could neither lift up a hand againſt them, nor diſtinguiſh between
their-riglit hand and their left : which prepoſterous, and, I think, un-
Evangelical Zeal, is too like-tliat of the rebuked Diſciples, who would
go no lower in their Revenge, then to call for fire from Heaven, up-
on whole Cities for the Repulſe or: Neglect of a few; or like that of
Jacob's Sons, which the Father both Blamed and Curſed'; chuſing
rather to uſe all Extremities whicli-ñiglit drive Men to deſperate ob-
ſtinacy; then-to apply moderate Remedies, ſuch as might puniſh ſome
with Exemplary Juſtice; -yet diſarm others, withi tenders of Mercy
upon their Submiſſion, and our protection of thein from the fury of
thoſe who would ſoon drown them, if they refuſed to ſwim down the
* Popular Stream with them.
" But ſome kind of Zeal counts all merciful Moderation Lukewarm-
nėſs;-and" had rather be Cruel then counted Cold; and is'not ſeldom
more greedy to kill the Bear for his skin; then for any harm he hath
done, the Confiſcation of Mens Eſtates being more beneficial then
the Charity, of ſaving their Lives, or reforming their Errors.
.
«C
(G
(C
+
1
!
CC
(6
CC
66
(6
CC
C
1
(C-
66
+
(C
(6
(G
Ý
CC
CC
ic
" Wlien
.
4
1
542
An Impartial Collection of all the memorable Events
Novem.
I 6 41.
1.
i
CC
(C
(C
CC
CC
**
c?
(C
1
" When all proportionable Succours of the poor Proteſtants in Ire-
land, who were daily Maſſacred, and over-born with Numbers of
now deſperate Enemies, was diverted and obſtructed here, I was ear-
neſtly entreated, and generally adviſed by the chief of the Proteſtant
Party there, to get them fome reſpite and breathing by a Ceſſation,
6 without which they ſaw no. probability, unleſs by Miracle, to pre-
ſerve the Remnant that had yet eſcaped : God knows, with how
much Commiſeration, and ſerious Caution I carried on that buſineſs,
by perſons of Honor and Integrity, that ſo I might neither encourage
" the Inſolence of the Rebels, nor diſcourage the Proteſtants Loyalty and
Patience.
Yet when this was effected in the beſt ſort, that the neceſſity and
difficulty of my Affairs would then permit, I was then to ſuffer again
in my Reputation and Honor, becauſe I ſuffered not the Rebels utter-
“ ly to devour the remaining handfuls of the Proteſtants there : I
thought, that in all reaſon, the gaining of that reſpit, could not be ſo
much to the Rebels advantages, which ſome have highly Calumnia-
ted againſt me, as it might have been for the Proteſtants future, as
“ well as preſent ſafety, if during the time of that Ceſſation, ſome Men
had had the Grace, to have laid Ireland's ſad condition more to heart;
« and laid aſide thoſe violent Motions which were here carried on by
" thoſe that had better skill to let Blood than to ſtanch it.
“. But in all the miſconſtructions of my Actions, which are prone to
" find more credulity in Men to what is Falſe and Evil, then Love or
Charity to what is True and Good ; as I have no Judge but God,
“ above me, ſo I can have comfort to appeal to his Omniſcience,
« who doth not therefore deny my Innocence, becauſe he is pleaſed fó
“ far to try my Patience, as he did his Servant Fol's.
I have enough to do, to look to my own Conſcience, and the faith-
“ ful diſcharge of my Truſt as a King; I have ſcarce leiſure to conſider
“ thoſe ſwarms of reproaches, which iſſue out of ſome Mens mouths,
" and hearts, as eaſily as ſmoak or ſparks do out of a Furnace; much
« leſs to make ſuch Prolix Apologies, as might give thoſe Men ſatisfa-
ction, who conſcious to their own depth of wickedneſs, are loath to
believe any Man, not to be as bad as themſelves.
'Tis Kingly to do well and hear ill; if I can but act the one, I ſhal}
not much regard to hear the other.
I thank God, I can hear with Patience, as bad as my worſt Ene-
“ mies can fallly ſay; and I hope I ſhall ſtill do better, then they deſire,
or deſerve I ſhould.
I believe it will at laſt appear, that they who firſt began to Embroil
my other Kingdoms, are in great part guilty, if not of the firſt letting
out, yet of the not timely ſtopping thoſe horrid Effuſions of Blood in
Ireland; which, whatever my Enemies pleafe to ſay or think, I look
upon, as that of my other Kingdoms, exhauſted out of my own Veins;
" no man being ſo much weakned by it as my Self: And I hope, though
“ Mens unſatiable Cruelties never will
, yet the Mercy of God will at
length ſay to his Juſtice, It is enough ; and command the Sword of
« Civil War to ſheath it ſelf ; his merciful Juſtice intending, I truſt,
not our utter Confùlion, but our Cure, the abatement of our ſins
not the Deſolation of theſe Nations.
i
3
CC
CC
.
1
A
Though
14
1
1
pt
Tid
ܚܙܝ
16 415
from the Scotch Rebellion to the King's Mürihet... 543
Though this to all unprejudiced Men be a molt clear Vindicationi, Novemb.
of the ſuffering Innocence of that oppreſſed Prince, yet I cannot büt
ſubjoin one paſſage in his Soliloque immediately following the former
Diſcourſe, wherein His Majeſty ſeems with that clear Confidence to
put in his Appeal to Innocence, before the dreaded Tribunal of Hea-
ven, as will not admit the leaſt ſcruple of doubt, among ſuch as have
any grains of Charity, or even Humanity left; to disbelieve him ; añd
if there ſhould be yet found any ainong his ſurviving Enemies, fo ob-
durate or flinty hearted, to perſiſt in that infidelity, Heaven it ſelf
hath undertaken to convince the whole Univerſe of his ſpotleſs Inno-
cence, by anſwering this Appeal, in the Miraculous Reſtauration of
his Son, our moſt Gracious Sovereign, and the Royal Family, to his
and their undoubted Right, in deſpight of all the Power and Malice of
his Uſurping Enemies. The paſſage is this.
“ If i liave deſired or delighted in the Woful Day of my Kingdoms
Calamities, if I have not earneſtly ſtudied and faithfully indea-
voured, the preventing and compoſing of theſe bloody Diſtractions ;
then let thy hand be againſt me and my Fathers Houſe
. O Lord,
thou ſeeſt I have Enemies enough of Men; as I need not, fo I ſhould
not dare thus to Imprecate thy Curſe on Me and Mine, if my
Con:
ſcience did not Witneſs my Integrity, which thou, O Lord, knoweſt
right well. But I truſt not to my own Merit, but thy Mercies. Spare
us, O Lord, and be not angry with us forever.
CC
1
6
1
And now becauſe it will give the cleareſt proſpect of this Inſurrection
that I have ſeen, though not altogether in its proper place, I will give
the Reader a view of Mac-guires voluntary Confeſſion, which was as
follows.
C
G
The Relation of the Lord Mac-guire töritten with his oirn band in
the Tower, and delivered by him to Sir John Conyers then
Lieutenant, to preſent to the Lords in Parliament.
B
Eing in Dublin Candlemaſs-Term laſt was Twelve-Month (1640.)
the Parliament then Sitting, Mr. Roger Moore did write to me, The L. Mac-
deſiring me, That if I could in that ſpare time, I would come to his cuires Relaci,
Houſe (for then the Parliament did nothing but Sit, and Adjourn, ex- Rebellion, cát:
pecting a Commiſſion for the continuance thereof, their former Com- 23, 1645.
' miſſion being expired) and that ſome things he liad to ſay unto me,
that did nearly concern me, and on receipt of his Letter, the new
Commiſſion for continuing the Parliament landed, and I did return
him an Anſwer, That I could not fulfil his Requeſt for that préſent;
' and thereupon he himſelf came to Town preſently after, and ſending
me, I went to ſee him at his Lodging : And after ſome little time ,
ſpent in Salutations, he began to diſcourſe of the many Afflictions and
Sufferings of the Natives of that Kingdom, and particularly in thoſe
late times of my Lord Strafford's Government, which gave diſtaſt to
the whole Kingdom. And then he began to particularize the Suffer-
ing of them that were the more antient Natives,as were the Iriſh; how
that on ſeveral Plantations they were all put out of their Anceſtors
Eſtates
. All which Sufferings he ſaid, did beget a general diſcontent
over all the whole Kingdom in both the Natives; to wit; the Old and
New
1
to
.
1
1
!
.6
"
11
1
*
*+
1
1
2
C
<
544 An Impartial Collection of all the memorable Events
Novemb. New Iriſh. And that if the Gentry of the Kingdom were diſpoſed to
1 641. 'free themſelves furtherly from the like inconvenience, and get good
Conditions for themſelves, for regaining their Anceſtors (or at leaſt a
good part thereof) Eſtates, they could never deſire a more convenient
time than that time, (the diſtempers of Scotland being then on foot)
' and did ask me what I thought of it; I made him anſwer, that I could
not tell what to think of it; ſuch Matters being altogether out of my
· Element. Then he would needs have an Oath of me of Secrecy; which
I gave him and thereupon, he told me that he ſpoke to the beſt Gentry
of Quality in Lemſter, and a great part of Connaght touching that mat-
ter, and he found all of them willing thereunto, if fo be they could
draw to them the Gentry of vlſter, for which cauſe (faid he) I came
to ſpeak to you ; then he began to lay down to me the cafe that I was
in there, overwhelmed in Debt, the ſmalneſs of my Eſtate, and the
greatneſs of the Eſtate my Anceſtors had, and how I ſhould be ſure to
get it again, or at leaſt a good part thereof; and moreover how the
welfare, and maintaining of the Catholick Religion, which he ſaid, un-
doubtedly the Parliament now in England will ſuppreſs, doth depend
on it: For, ſaid he, it is to be feared, and ſo much I hear from every
underſtanding man, the Parliament intends the utter Subverſion of our
Religion ; by which perſwaſions he obtained my conſent. And ſo he
demanded whether any more of vlster Gentry were in Town, I told
' him that Phillip Reyly, Mr. Torlagh O Neal, Brother to Sir Phelim
'O Neal and Mr. Cofloe Mac Mahone were in Town, ſo for that time we
parted.
* The next day he invited Mr. Reyly, and I, to dine with him, and af-
ter Dinner le ſent for thoſe other Gentlemen, Mr. Neale, and Mr. Mac
Makone ; and when they were come, he began the diſcourſe forinerly
' uſed to me, to them, and with the ſame perfwaſion formerly uſed
to me, he obtained their conſent. And then he began to diſcourſe
of the manner, how it ought to be done, of the feſibility, and eaſineſs
of the Attempt, conſidering Matters, as they then ſtood in England, the
'Troubles of Scotland, the great Numbers of able Men in the Kingdom,
meaning Ireland, what Succours they were (more then) to hope for
' from abroad, and the Army then raiſed all Iriſh-mex, and well armed,
meaning the Army raiſed by my Lord Strafford againſt Scotland. Firſt,
' that every one ſhould endeavour to draw his own Friends into that
Act, and at leaſt thoſe that did live in one County with them; and
' when they had ſo done, they ſend to the Iriſh in the Low-Countreys,
and Spain, to let them know of the Day, and Reſolution, ſo that they
te over with them by that day, or ſoon after with ſupply of Arms and
Ammunition, as they could ; that there ſhould be a ſer day appointed,
and
every one in his own Quarters ſhould riſe out that day,and ſeize on
all Arins he could get in his County, and this day to be near Winter, ſo
that England could not be able to fend Forces into Ireland before May,
and by that time there was no doubt to be made, but that they them-
ſelves ſhould be fupplied by the Iriſh beyond Seas, who, he ſaid, could
not miſs of help from either Spain, or the Pope, but that his reſolutions
were not in all things allowed. For, firſt it was reſolved nothing ſhould
be done, until firſt they had ſent to the Iriſh over-Seas to know their
advice, and what hope of ſucceſs they could give; for in them, as they
faid, all their hope of Relief was, and they would have both their Ad-
vice and Reſolution, before any further proceedings, more than to ſpeak
to,
V
C
C
3
1
r
1
<
<
c
1
6
<
from tbe Scotch Rebellion to the King's Mürtbèr: $45
to, and try Gentlemen of the Kingdom, every one, as they could con-| Nóvem.
veniently, to ſee (in caſe they would at any time grow to a réſolution), 16 .
what to be, and Strength they muſt truſt to ; Then, Mr. Moore told
them, That it was to no purpoſe to ſpend much time in ſpeaking to the
Gentry. For there was no doubt to be made of the Iriſh, that they
would be ready at any time. And that all the doubt was in the Gen
try of the Pale, but he faid, That for his own part, he was really aſſu-
red, when they had riſen out, the Pale Gentry would not ſtay long
after, at leaſt that they would not oppoſe them in any thing, but be
Neuters, and, if in Cafe they did, That they had Men enough in the
Kingdom without them. Moreover he ſaid, he liad-ſpoke to a great
Man (who then ſhould be nameleſs:) that would not fail at the ap-
pointed day of riſing out to appear, and to be ſeen in the Act. But
that until then, he was ſworn not to reveal him; and that was all that
was done at that Meeting, only that Mr. Moore ſhould the next Lent
following, make a Journey down into the North to know what was
done there, and, that he alſo might inform them, what he had done,
and ſo on parting, Mr. Philip Reyly, and I, did importune Mr.
Moore for the knowledge of that..great Man, that he ſpake of, and
on long Entreaty, after binding us to new Secrecy, not to diſcover
him till the Day ſhould be appointed, he-told, that it was the Lord of
Mayo, who was very powerful in Command of Men in thoſe Parts of
Connaght wherein he lived, and that there was no doubt to be made
of him, no more than was of himſelf, and ſo we parted.
'The next Lent following, Mr. Moore according to his promiſe
: caine
into vister, by reaſon it was the time of Aflizes in ſeveral Counties;
there he met only with Mr. Reyly, and nothing was then done, but all
Matters put off till May following, where we or moſt of us ſhould
meet at Dublin, it being both Parliament and Term-time: In the mean
time there Landed one Neale O Neale; ſent by the Earl of Tyrone out
of Spain, to ſpeak with the Gentry, of his Name and Kindred, to let
• them know, that he had treated with Cardinal Richelieu, for ob-
taining Succor to come for Ireland, and that he prevailed with the
Cardinal, ſo that he was to have Arms, Ammunition and Mony from
bim on Demand, to come for Ireland, and that he only expected a
convenient Time to come away, and to deſire them, to be in a rea-
dineſs, and to procure all others, whom they could, to be ſo like-
wiſe, which Meſſage, did ſet on the Proceedings very much, ſo that
Mr. Moore, Mr. Reyly, my Brother, and I, meeting the next May
at Dublin, and the ſame Meſſenger there too ;. It was Reſolved, That
he ſhould return to the Earl into Spain; with their Reſolution, which
was, That they would riſe out twelve or fourteen Days before, or
after Alhallontide, as they ſhould ſee Cauſe, and that he ſhould not fail
to be with them by that time: There was a Report at that time, and
! before that the Earl of Tyroxe was killed, which was not believed,
by reaſon of many ſuch Reports formerly, which we found to be falſe,
and ſo the Meſſenger departed with Directions, that if the Earls death
were true, he ſhould repair into the Low-Countries to Colonel'Owen 0
Neale, and acquaint him with his Commiſſion from the Earl; where-
of, it was thought, he was not Ignorant, and to return an' Anſwer
ſent by him, and to ſee what he would Adviſe, or would do him-
ſelf therein. But preſently after his. Departure, the certainty of the
* Earls Death was known, and on further Reſolution, it was Agreed,
Vol. II.
Аааа
That
i
C
3
1
6
6
6
*
import
6
6
G
C
06
6
One ſhould be ſent to them, to
546 An Impartial Colle&tion of all the memorable Events
Novem. That an Expreſs Meſſenger ſhould be ſent to the Colonel, to make
1 641. all the Reſolutions known to him, and to return ſpeedily with his
Anſwer. And ſo one Toole 0 Comely a Prieſt ( as I think Pariſh
Prieſt to Mr. Moore ) was ſent away to Colonel O Neale: In the in-
terim there came ſeveral Letters and Newş out of England to Dub-
lin, of Proclamations againſt the Catholicks in England, and alſo that
the Army raiſed in Ireland, fhould be Disbanded, and Conveyed in-
to Scotland: And preſently after, ſeveral Colonels and Captains
Landed, with Directions to carry away thoſe Men; amongſt whom
Colonel Plunkett, Colonel Burne' and Captain Bryan O Neale came,
but did not all come together : for Plunkett Landed before my com-
ing out of Town, and the other two after, wherein a great fear of
Suppreſſing of Religion was conceived, and eſpecially by the Gentry
of the Pale, and it was very common amongit them, that it would
be.very inconvenient, to ſuffer ſo many Men to be Conveyed out of
the Kingdom ; it being as was faid, very confidently reported, that the
Scottiſh Army did threaten never to lay down Arms, until an Unifor-
mity of Religion, were in the three Kingdoms, and the Catholick
Religion ſuppreſſed, And thereupon both Houſes of Parliament began
to oppoſe their going, and the Houſes were divided in their opinions ;
ſome would have them go, others not; but what the definitive con-
cluſion of the Houſes was touching the Point, I cannot tell; for by
leave from the Houſe of Lords, I departed into the Country before
the Prorogation. But before my. Departure, I was informed by John
Barnewall a Fryer, that thoſe Gentlemen of the Pale ( and ſome
other Members of the Houſe of Commons) had ſeveral Mecrings and
Conſultations, how they might make Stay of the Souldiers in the
Kingdom, and likewiſe to Arm them in Defence of the King, being
much injured both of England and Scotland then ( as they were in-
' formed) and to prevent any Attempt againſt Religion ; and preſently
after I departed into the Country, and Mr Reyly being a Member of the
Houſe of Commons, ſtayed the Prorogation; and on his coming into
the Country, fent to me to meet him, and I came to his Houſe, where
'he told me, that he heard for certain, that the former Narration of
* Barnewall to me (for I did acquaint him with it) was true and that he
heard it from ſeveral there; alſo was Emar Mac Mahone ( made firmly
privy to all our Proceedings at Mr. Reglys) lately come out of the Pale,
where he met with the aforenamed John Barnewall, who told him
as much ; and he formerly told me, and moreover, that thoſe Colonels
that lately came over, did proffer their Service, and Indufry in that
Act, and ſo would raiſe their Men, under Color to Convey them into
Spain, and then ſeize on the Caſtle of Dublin,and with their Arms there
to Arm their Soldiers, and have them ready for any Occaſion, that
'fhould be Commanded them, but that they had not concluded any
thing, becauſe they were nor Affured how the Gentlemen of the re-
mote Parts of the Kingdom ( and eſpecially of Ulſter) would ſtand
Affected to that Act, and that Aſſurance of thac Doubt, was all their
Impediment, Then we three began to think, how we might affure them
Help, and of the Aſſiſtance of Ulſter Gentlemen ; It was thought that
made Choice of me to come; by reafon, as they faid, that my Wife was
allyed to them and their Country-Woman, and would believe me,
truſt me fooner than other of their Parts, they or moſt of them be-
ing
6
6
4
C
C
6
S
ST
1
1
+
TO
C
C,
6
$
4
6
<
was ra:
from the Scotch Rebellion to the King's Murther. 547
ing of the Pale. And ſo (without as much as to return Home to | Novemil.
furniſh my ſelf for ſuch a Journey, Volens, Nolens
, ) they prevailed, or 1:64 1;
rather forced mie to come to Dublin, to confer with thoſe Colonels;
( and that was the laſt Auguſt was Twelve-Month). Coming to
Town, I met Sir James. Dillon accidentally, before I came to my Lodg-
ing, who was one of thoſe Colonels : and after Salutations, lie de.
manded of me, where. my Lodging was, which when I told him,
and parted; the next Day being abroad about ſome other Occaſions
in Town, I met him ( as he ſaid ) coming to wait on me in my Cham-
ber; but being a good way from it; he deſired me to go into his
own Chamber, being near at hand.; And then began to diſcourſe
of the preſent Sufferings and Afflictions of that Kingdom, and par-
ticularly of Religion, and how they were to expect no Redreſs (the
Parliament in England intending, and the Scots reſolving never to lay
down Arms, until the Catholick Religion were ſuppreſſed.) Then he
likewiſe began to lay down what Danger it would be to ſuffer ſo many
Able Men, as was to go with them to depart the Kingdom in ſuch a
time: Neither (ſaid he) do their other Gentlemen, that are Colonels, and
my ſelf, affect our own private Profit, ſoas to prefer it, before the general
Good of the Kingdom; And knowing you are well Affected thereun-
to; and I hope ( ſaid he ) readyto put your helping-handto it upon Oc-
caſion, I will let you know the Reſolution of thole other Gentlemen,
and Mine, which is, if weare ready to raiſe our Men,and after to Seize.on
"the Caſtle; where there is great ſtore of Arms,and Arm our Selves. This
was the firſt Motion that ever I heard of taking the Caſtle for it
never came 'into our Thoughts formerly, nor am I perſwaded ever
' would, if it had not proceeded from thoſe Colonels, who were the
firſt Motioners and Contrivers thereof, for ought known to me; and
then to be ready to prevent, and reſiſt any Danger, that the Gentle
men of the Kingdom like thereof, and help us: For we of our ſelves
neither are able
, nor will do any thịng therein; without their Aſi-
fance. I began according to the Directions that were ſent with me
to approve of their Reſolution, and alſo to let him know, how ſure
'he might be of the Aſſiſtance of thoſe of vlster. Then he told us,
' that for my more Satisfaction, I ſhould Confer with the reſt of the
Colonels themſelves, as many, as are Privy to the Action, and accord-
ingly a Place of Meeting was appointed that After-Noon; and on the
Time and Place appointed, there met Sir James himſelf, Colonel
' Bourne, and Colonel Plunket. And that former Diſcourſe being re-
'newed, they began to lay down the Obſtacles to that Enterpriſe,
! and how they ſhould be Redreſſed. Firſt, If there fhould War en-
fue, how there ſhould be Money had to pay the Soldiers. Secondly,
? How and where, they ſhould procure Succors from Forreign Parts
Thirdly, How to draw in the Pale Gentlemen. Fourthly, Who ſhould
undertake to Surpriſe the Caſtle, and how it ſhould be done.
To the Firſt, it was Anſwered ; That the Rents in the Kingdom eve-
ry where, not having Reſpect whoſe they ſhould be, due to the Lords
and Gentlemen thereof, ſhould be Collected to pay the Soldiers. And
moreover, they might be ſure ( nay that there was no Doubt there-
of) to procure Money from the Pape, who gave feveral Promiſes
formerly to my Lord of Tyrone (in Cafe he could make Way to
come into Ireland) to maintain Six thouſand Men yearly at his own
Charge; and that notwithſtanding, that my Lord of Tyrone was
Vol. II.
Аааа 2
5
6
C
C
· dead
-
1
។
C
C
548 Av. Impartid Collection of alltbe memorable Events
Novemb. 1 dead, yet that he would continue the ſame forwardoeſs
. now.
1:641. ? To the Second, it was Anſwered by Colonel Bourne, that help from
4 Abroad could not fail them. For ( ſaid he ) Colonel O Neale told me
that he had, or would procure in readineſs ( I do not remember which
of thoſe, the Colonel ſpake, or whether he ſpoke Poſitive, that
Colonel O Neale had Arms, or would procure them) Arms for Ten
thoufand Men. And moreover ( ſaid he ).I make no great Queſti-
on, that if we fend into Spain, we ſhall not miſs of Aid ; forl being
in London the laſt year in the Scots Troubles, I was in Conference with
one of the Spaniſh Ambaſſadors there then, and talking of their trou:
bles then a-Foot; he ſaid, "That if the Iriſh did then riſe too, and
'ſend to Spain, their Meſſengers would be received under Canopies of
Gold. Theſe laft Words he told me, and ſome one. Man of thoſe
that were Preſent,Privately,whoſe. Name I cannot call to Mind (neither
well remember I, whether he ſpoke to them all, or no ) then it was
thought that when they were both in Arms,for Défence of the Catholic
Caule, they would be ſuccored by the Catholick Princes of Chriſtendom.
"To the Third, it was anſwered by Colonel Plunket, That he was as
Morally certain ( for thoſe were his Words ) as he could be of any thing,
* that the Pale:Gentlemen would joyn with them, and alſįſt them. For,
- he ſaid, I have ſpoke to ſeveral of
them ſince my Landing in the King-
dom, and I find them very ready and willing; and. withal. I have at
!London ſpoke to ſome of the Committees, and particularly to my
Lord of 'Gormonstowne, to let them know his Reſolution, and they
approved it very well. All this was not done at the firſt Meeting,
but at three or four Meetings; And ſo on the laſt Meecing, it was
reſolved to the laſt Doubt, touching Seizing the Caſtle, that Colo-
pel Plunket, and Colonel Bourne. Thould undertake that Tasks, becauſe
they were nearer to it, than any other, and alſo ſeize on the Forts,
Garriſons, and other Places, where they think any Arms ſhould be ;
and in particular, Londonderry, which ſhould be undertaken by thoſe
:of vifter, and then there was a Set. Day appointed for the Execution
thereof; that was the Fifth of the enſuing Oktober, (this being the
Sfatter end of Auguſt, or the beginning of September, Anno 1641. I
I do not know whether.). - And every one ſhould make Proviſion to
rifeout that Day; and they were Named that ſhould firſt ſuccor
them, that would take the Canle with Men preſently, namely, Sir
games Dillon, who did undertake to be with them within three (or
at the moſt) four Days, with a Thoufand Men, and ſo much more
fiffiould come to them out of the North. For theſe two Colonels did
"hoë intend to uſe above. a Hundred Mer in the Surprizal, whereof
they were to have twenty good Able Gentlemen : For they made ac-
count that having the Cities they with the Artillery would Ma:
efter all the Town, until they were relieved by Men from the Coun-
try: And becaufe there was a Doubi made, how all this ſhould be
done in fo-lhjort a time, they did appoint, that all that were there
et
preferit, ſhould not fail to meet again there the twentieth of Septem-
ber, to give an Account of llP things, as well Hopes as Impedi-
ments.
And if on 'that interview all Things ſhould happen to be
"well, that they go forward; fôr if otherwiſe, to prolong the Execu-
ition of it to a more conveniente Time, and fo we parted every man
into the Countty about his own-Task. And I in iny way home came
to Mr. Beylies Houfe, and there I received a Letter from Sir Phelim
1,";'
3
!
1
1
62
1
1
6
·li
1
.*
***
Line....na
1
c
i
<
<
6
6
1
from the Scotch Rebellion to the King's Murtber. 549
0. Neale, that his Lady was dead, and to be buried on the Sunday ſof
Novem
lowing, this being on the Saturday, and deſiring me in all kindneſs to
i 641.
come to the Burials. and Mr. Refly fraving received another Letter to
the faine effect, would needs have me go thithier (whereunto I was
very unwilling, being weary, withal not provided to go to ſuch a
meeting :) as well (laid he) to prevent any jealouſie from the Ladies
Friends; as alſo to confer with Sir Phelin touching all thoſe proceed-
ings (for
, neither he nor I ſpoke to Sir Phelin concerning the mat-
ters before) but to his Brother Forilagh O Neale, and coming thither
we found Captain Brian O Neale, lately come out of the Low-Coun-
tries, ſent over by Colonel O Neale to ſpeak to, and provoke thoſe of
Oilter to riſe out in Arms, and that he would be with them, on no-
tice of their day, the ſame days or loon after it. And it was asked
of the ſaid Captain what Aid he could ſend or procure, being but a
private Colonel, or where he could get any. He replyed, that the
faid Colonel told him, that he had ſent to ſeveral places that Sum-
mer to demand Aid, and in particular to Cardinal Richelieu into
France, (to whom he had ſent twice that Year.) and had comfortable;
and
very hopeful Promiſes from them, and eſpecially from that Cardi-
nal, on whom he thought the Colonel did moſt depend, ſo that there
was no doubt to be made of Succnur from him, and eſpecially when
they had riſen out, that would be a means to the Cardinal to give Aid;
we did the more credit him in regard of the former Treaty between
the ſaid Cardinal and the Earl of Tyrone; as formerly is ſaid.
.. For my owń: part, I did and do believe, that the Colonel doth de-
pend on France for Aid, more than on any other place, as well for
thoſe Reaſons, as alſo that Ever mat Mahone, formerly mentioned,told
mė; That preſently after the Iſle of Rees Enterprize Che being then in
the Low-Countreys) did hear for certain, That the Earl of Tyrone, toge-
ther with the Colonel, did ſend into France, to the Marſhal of France
(that was General of the French Forces at the Idle of Ree) to deal with
him for procuring of Aid to come then for Ireland, and that he recei-
6 ved an Anſwer from the ſaid Marſhal, that lie was moſt willing and
ready to contribute his Endeavours for his furtherance therein, but that
he could not for the preſent anſwer my Lords Expectations, by reaſon
that the King had Wars in Italy, which he thought would be at an end
within half a year, or little more, and then my Lord ſhould not doubt
of any thing, that he could do for his Aſſiſtance; but theſe continued
a great deal longer, fo for that time that Enterpriſe failed. So after
the Burial was done, I gave thoſe Gentlemen knowledg of what I had
done at Dublin, and how I was to retire thither; and then they began
to think how they ſhould ſurpriſe London-Derry, they being near it, but
could not then agree in the manner ;; and fo Sir Phelim deſired me to
take his Houſe in my way going to Dublin, and that I ſhould have a
reſolation to carry with me touching London-Derry, and thereon I
parted home, but ſoon after came to Dublin to the fore-appointed
Meeting with thoſe Colonels. But firſt I took in my way Sir Phelim
( O Neal's Houſe, to be certain what he had done; and his Anſwer was,
“That he knew that matter could not be put in Execution by the Fifth
« of October, as was appointed,
and that they would make another longer
day for it; And that he would provide for the taking of London-Derry
« by: that day, and ſo came to Dublin to give
an account of that was
done, and alſo know what further ſhould be done. I was not two
hours
C
r
C
C
©
C
C
1
6
1
6
C
C
6
G
G
550 An Impertial Colle&tion of all the memorable Events
Novem, hours in my Lodging when Mr. Moor came to me (who knew what
1 641.
was done by thole Colonels formerly from Colonel Bourn), and told
me, that the Meſſenger ſent to Colonel.0 Neal, was come with an An-
fwer, deſiring us not to delay any time in riſing out, and to let him
know of that day before-hand, and that he would not fail to be with
us within Fourteen dayes of that Day with good Aid; alſo deſiring us
'by any means to ſeize the Caſtle of Dublin, if we could; for he heard
that there was great Proviſion in it for War: And Mr.. Moor more-
over ſaid, That time was not to be.over-ſlipped, and deſired me to be
very preſſing with the Colonels to go on in their Reſolution ; But on
meeting the Colonels with them, they were fallen from their Reſolu-
tion, becauſe thoſe of the Pale would do nothing therein firſt; but
when it was done, they would not fail to aſſiſt us. Colonel Plunket
did affirm, and ſo by ſeveral meetings it was reſolved on by them to
defiſt from that Enterpriſe for that time, and to expect a more conve-
"nient time: But before that their Reſolution, Sir Philim 0 Neal, and
the aforeſaid Captain Bryan 0 Neal followed me to. Dublin (as they
faid) to aſſiſt, and adviſe me how to proceed with that Colonel, but
neither they, nor Mr. Moor would be ſeen therein themſelves to thoſe
Gentlemen, but would meet me privately and know what was done at
every Meeting; alledging for Excuſe, That I being firſt employed in
that matter, it would not be expedient that they ſhould be ſeen in it.
And moreover, they would not be known to be in the Town but by a
few of their Friends, until they were in a manner ready to depart the
Town, at leaſt as long as I was in Town, for I left them there ; But
when I made them acquainted with their determination of deſiſting
from that Enterpriſe, they thought it convenient, that we ſhould meet
with Mr. Moor and Colonel Bourn; to ſee what was further to be done;
concerning the further intention of their own, and according we did
ſend to them that they ſhould meet us; and on that Meeting, it was,
Where was only Sir Phelim, Mr. Moor, Colonel Bourne, Captain Neal,
and my ſelf. After long debate, it was reſolved, That we with all
thoſe that were of our Faction ſhould go on with that determination
that was formerly made, concluded to riſe out. Moreover, to ſeize on
the Caſtle as the Colonels were purpoſed, for if it were : not for their
project, and the advice ſent by Colonel Neale, we would never venture
to ſurpriſe it, neither was it ever thought on in all the Meetings and
Reſolutions between us, before thoſe Colonels did reſolve on it, but by
reaſon, that the other Gentlemen that were privy to theſe proceedings
were not preſent, the certainty of the time, and the manner. how to
execute it,was put off to a further meeting in the Country; and this was
reſolved in Dublin up on the Sunday at Night, being the Twenty ſixth
or Twenty ſeventh of September, and the meeting was appointed on
the Saturday following at Mac-Calloe, Mac-Mahones Houſe in Farney
in the County of Monaghan. And thereupon we all left the Town,only
Sir Phelim ſtayed about ſome other.liis private occaſions, but did aſſure
his being there at that day.; -and by..reaſon, that at that Meeting the
Gentry of Lemſter could not be conſidering the remoteneſs of the
place from them; it was thought fit that Mr. Moore ſhould there meet
to receive the final Reſolution, and ſhould acquaint them therewith:
And in the mean time Colonel Bourne, who had undertaken for Colo-
nel Plunkett,ſhould inform them all the intention conceived and diſpoſe
them in readineſs againſt that day that ſhould be appointed. On Sa-
turday
C
C
C
C
G
6
.
*
+
G
!
16.4.1.
from the Scotch Rebellion to the King's Murther
551
turday I caine to Mr. Mac Mabone's Houſe; there met only: Mr. Mac Novem.
Mahone hiinfelf, Captain Neale, Eter mac Mahone, and my ſelf
, and thi-
ther that ſame day came the Meſſenger that was fent: to Colonel Neal,
and did report the Colonel's Anſwer and Advice: verbatim, as I have
formerly repeated froni Mt. Moore; and by reaſon that Sir Phelim, his
Brother, or Mr. Phillip Rexly, that were deſired to meet,did not meet,
we ſtayed that Night to expect them, and that Niglit I received a Let-
ter from Sir Phelim, intreating us by any means, not to expect him un-
till the Manday following ; for hie hud, rior could diſpatch ſome occa,
ſions merely concerning him, but whatever became of them, he would
not fail of the Munday: And the next day after receipt of the Letter
being Sunday (by Mr. Moor's advice) we departed from Colonel Mac
Mabone's Houſe, to prevent (as he faid) the ſuſpicion of the Engliſh there
(many living near) to Logbrose in the County of Ardmagh to Mr. Tom
rilagh O Neal's Houſe (not Sir Phelim's Brother, but Son to Mr.Heriry
O Neale of the Fewes, Son in Law to Mr. Moore) and left word, That
if Sir Phêlim, or any of thofe Gentlemen did come in the mean time,
they ſhould follow us thither, (whither-only went Mr. Moore, Captaini
O Neale and my ſelf) and there we expected until the Tueſday ſubſe-
quent before any of thoſe did come. On the Tueſday came Sir Phelom,
and Ever mac Mahone, all the reſt.failing to come, Mr. mac Mahone's
* Wife was dead the Night before, which was the cauſe that he was not
there, but I gave his affent to what fhould be concluded to there-
in,and execute what ſhould be appointed him; and then we five (ziz.)
Sir Phelim, Mr. Moore, Captain 0 Neale, Ever mac Mahone and my
ſelf
, aſſuring our felves, that thoſe Gentlemen abſent fhould both allow,
and joyn to what we ſhould determine, did grow into a final Reſolu-
tion, grounding all or moſt part of our hope and confidence on the
Succours from Colonel O Neale, to ſeize on the Caſtle, and riſe out all
in one day, and the day was appointed on the 23th of that Month,this
being the 5th day of O&tober, liaving regard therein to the day of the
Week, whéreon that day did fall
, which was the Saturday, being the
'Market day, on which day there would be leſs Notice taken of people
up and down the Streets; Then began a queſtion who ſhould be de-
puted for the Surpriſal of the Caftle, and then Mr. Moore ſaid he would
be one of them himſelf, and that Colonel Bourne should be another,
and what other Gentlemen of Lemſter they could procure to joyn with
them, and ſeeing the Caſtle had two Gates the one the great, the other
the little Gate going down to my Lord Lieutenant's Stables, hard by
which Stables, without the Caſtle, was the Store-Houſe for Arms, they
of Lemſter would undertake one Gate, and that ſhould be the little
Gate, and the great Gate should be undertaken by thoſe of vlſter, and
(faid he) of neceſſity one of you both ( meaning Sir Phelim and me)
muſt be there, for the meer countenance of the matter, it beiog the
glory of all our proceedings, and all that his Speech was well liked of
all preſent: But Sir Pbelim would be exempted from that employment,
and ſo would I; but then all of them ſet on me, defiring me to be one,
alledging for Reaſon, that their Proceedings and Reſolutions were ve-
ry honourable and glorious, it being for Religion, and for to procure
more liberty for their Country, as did ( ſay they ) of late Scotland,
and that in taking the Caſtle conſiſted all the glory and honour of the
faid Ad; all which ſhould be attributed to them which ſhould be im-
*ployed therein, and ſo by conſequence all, or moſt part to be there,
being
6
+
4
1
Ich
1
552
Novemb.
1 641.
.
C
1
*An Impartial Collection of all the memorable Events
being (as they ſaid) the chief in that Enterprize, and more, Sir Phè-
lim ſaid that he would endeavour to take or procure others to take
Londonderry the ſame day, and if he ſhould be away, that place
would not be taken; with theſe and many other perſwalions they ob-
'tained my conſent, and then the Captain offered himſelf: they begani
to think what number ſhould be imployed in that Act; and they con-
cluded on Two Hundred Men, one Hundred. from each Province, for
thoſe Gates which they ſeize on, of which number Sir Pbelim O Neale
ſhould ſend forty with an able ſufficient Gentleman to conduct them :
And likewiſe Captain Neale twenty, Mr. Mac-Mohone, Mr. Reyly teni
more, and I ſhould bring twenty-two; then began a doubt how they
"ſhould raiſe thoſe Men, and convey them to Dublin without ſuſpicion
and it was anſwered that under prétence of carrying them to thoſe Co-
lonels that were conveying Soldiers into the Kingdom, it might ſafely
and to that purpoſe Sir Phelim O Neale , Mr. Moore,
and the Captain had ſeveral blank Patents with Deputations to make
Captains to thoſe Colonels, which they ſent to thoſe that Iliould ſend
men to Dublin : for the more colour, they bethought of what was to
" be done in the Country that day, and it was reſolved," that every one
privy to that matter in every part of the Kingdom ſhould riſe
up
that
day,and ſeize on all the Forts and Arms in the ſeveral Counties to make
all the Gentry Priſoners, the more to aſſure themſelves againſt any..a-
verſe fortune, and not to kill any,but where of neceſſity they muſt be
forced thereunto by oppoſition (and that thoſe that were appointed for
taking of the Caſtle ſhould obſerve) and in particular the Gentry: All
their Army in vlſter to take that day Londonderry, which Sir Phelim
did undertake, and Knockfergus, which they thought Sir Henry Maco
Neale would do; and to that end Sir Phelim's Brother Torilagho Neale
I ſhould be ſent to them; and the Newry which ſhould be undertaken
by Sir Conne Magennis, and his Brothers; for whom Sir Phelim,
in regard they were his Brothers-in-law, his deceaſed Lady being their
Siſter, did undertake. Moreover, it was agreed; that Sir Phelim, Mr.
Reyly, Mr. Coll mac Mahone, and my Brother ſhould with all the ſpeed
they could after that day raiſe all the Forces, they could, and follow us
Sto Dublin ; but to. Arm the Men, and Succour; and Attend, and Garri-
fon the Town and Caſtle :: And likewiſe: Mr. Moor ſhould appoint
Lemſter Gentlemen to ſend like ſupply of Men-; then there was fear
of the Scots conceived, that they ſhould preſently oppoſe themſelves,
and that would make the matter more difficult, and to avoid which
danger, it was reſolved on, not to meddle with them, or any thing
belonging to them, and to demean themſelves towards them, as if
they were of themſelves, which they thought would pacifie them from
any oppoſition ; and if the Scots would not accept of that offer of
amity, but would oppoſe them, they ivere in good hope to cauſe a
'ſtir in Scotland that might divert them from them; and I believe the
ground for that hope was, That two years before, in or about the be-
ginning of the Scots Troubles, my Lord of Tyrone ſent one. Torilagh
O Neal ( a Prieſt) out of Spain, and that this, I take it, was the time:
that he was in Treaty with Cardinal-Richelieu, to my Lord' of Argile,
to Treat with him for help from my Lord, for him to come into Ire-
land, as was ſaid for Marriage between the ſaid Earl and my Lord of
Argile's Daughter (or Siſter I know not which ) and this Meſſenger
was in Ireland, with whom Mr. Torilagh O Neale; Sir Phelim's Bro-
ther
C
1
1
C
C
C
<
C
from the Scotch Rebellion to the King's Murther.
553
ther had conference, from whom this Relation was hiad ; that ſaid | Novemb.
Meſſenger went into Scotland, as I did hear from thie. faid Mr. Neale, 1641.
or from Ever mac Mahone aforenamed, I know not from which of Law
them ; but what he did there I could never hear, by reaſon that my
Lord of Tyrone was preſently after killed : they were the more con-
firmed therein, hearing that my Lord of Argile did fay ( near to the
' fame time as I gueſs, and when the Army was raiſed in Ireland, as I
'think ) to a great Lady in Scotland, I know not her name, but did
'hear, that ſhe was much imbarqued in the Troubles of that Kingdom,
there ſhe queſtioning, how they could ſubſiſt againſt the two king-
doms of England and Ireland, that if the King did endeavour to ſtir
Ireland againſt them, he would kindle ſuch a Fire in Ireland, as would
hardly or never be quenched : And moreover they knew my Lord
to be Powerful with the Highlanders, Redſhanks in Scotland, whom
they thought would be prone, and ready to fuch Actions, they for
“the moſt part deſcended out of Ireland, holding the Iriſh Language
and Manners ſtill, and ſo we parted. The next day being Wednej-
day Leghroße every man went about his own task, and ſo when I
came home, I acquainted my Brother with all that was done, and
' what they had appointed him to do, and did like according as they
had appointed me, fend to Mr. Reyly to let him know. as much, and
'the 18th of the fame Month I began my Journy to Dublin ; and when
' I came to Dublin ( being the day before the appointed day for putting
that Reſolution in Execution there) I met with Captain Conne O Neal,
ſent out of the Low-Countreys by Colonel O Neal, who was ſent, after
the Meſſenger ſent by us formerly to the ſaid Colonel was by him dif-
appointed with his Anſwer, to encourage us in our Reſolution, and
to ſpeedy Performance, with aſſurance of Succour, which he ſaid would
not fail of the Colonel's behalf, and for the more certainty of help
' from him, and to aſſure us, that the Colonel had good hopes to pro-
cure Aid from others, he ſaid that it was he himſelf, that was imploy-
6.ed from him to Cardinal Richelieu twice, that ſome men who gave
very fair promiſes to aſſure the Colonel's expectations, with which
' he ſaid, that the ſaid Colonel was really with himſelf aſſured of the
Cardinal's Aid, and that he was likewiſe commanded by the Colonel
upon our Reſolution of the day, to give notice thereof to him, and
that he would be within 14 days over with them with Aid ; but he
landed 9 or 10 days before, and meeting with Captain Brian 0 Neal,
who made him acquainted with what was Reſolved; he did write all
the matter to Colonel O Neal, ſo as he was ſure of his ſpeedy coming :
And ſo that Evening he and I came to meet the other Gentlemen; and
there were met Mr. Moore, Colonel Bourne, Colonel Plunkett, Captain
Fox, and other Lemſter Gentlemen, a Captain (I think of the Bournes,
but I am not ſure whether a Bourne or a Toole) and Captain Brian
O Neale, and taking an account of thoſe that ſhould have been there;
it was found that Sir Phelim O Neale, Mr. Collo mac Mahone did fail
c of ſending their Men ; and Colonel Bourne did miſs Sir Morgan Ca-
vanagh, that had promiſed him to be there, but he ſaid he was ſure he
• would not fail to be that Night or the next Morning in Town : And
of the two hundred men that were appointed, there were only eighty
preſent, yet notwithſtanding they were reſolved to go on in their Re-
ſolution, and all the difference was at what time of the day they
i would ſet on the Caſtle, and after ſome debate, it was reſolved in the
Vol. II.
Bbbb
After-
1
C
1
6
1
4
554
An Impartial Collection of all the memorable Events
Novemb.
1. 641.
6
<
Afternoon, and the rather hoping to meet the Colonel there then; for
they ſaid, if they ſhould take the Caſtle, and be enforced by any extre-
mity for not receiving timely ſuccout out of the Country ( having
them they could not want) and fo parted that Night, but to ineet
in the Morning to ſee furthier what was to be done, and immediately
thereupon, I came to my Chamber, and about Nine of the Clock, Mr.
Moore and Captain Fox came to me, and told me all was diſcover-
ed,and that the City was in Arms, and the Gates were ſhut up, and ſo
departed from me: And what became of them and of the reſt, I know
not, nor think that they eſcaped, but how, and at what time I do not
know, becauſe I my ſelf was taken that Morning.
But how long foever this Plot was contriving, and how much ſoever
the Parliament by their Papers, Anſwers and Declarations indeavoured
ſecretly to reflect upon the King, and by the Mercenary Tongues and
Pens of their Infamous Agents more openly, that the Rebellion began
by his Knowledge and Connivance, and by that wicked Calumny laid
all the Maſſacres and Murthers, which they heightned to the utmoſt,
at His Majeſties door, thereby to diſpoſſeſs him of the Allegiances and
Affections of his Subjects; yet it is more then probable, the Rebellion
would not have broke out then, if ever, had not the Committee of the
Parliament of Ireland, ſome of which were the Continuers of, and Actors
in it, had too near a proſpect of a Rupture between the King and the
Two Houſes, and that it would inevitably and quickly come to a War;
for all other Circumſtances in that Juncture threatned their unavoid-
able Ruine in the Attempt, unleſs England and Scotland were Embroil-
ed, ſo as not to be able to ſuppreſs them, as if it had not been for the
ſucceeding Rebellion in England, they could not but know, would be
very eaſily done ; and none but people mad and ſenſeleſs would without
ſuch, almoſt a certain, proſpect of the Engliſh Rebellion, have been
tempted, to forfeit not only the Extraordinary Graces they had newly
received from the King ; and the Indulgence afforded them in the Exer-
ciſe of their Religion, but their Lives and Fortunes alſo. And for
any
hopes of Foreign Aſliſtance, the French and the Spaniard were at War,
and under all the Conſequences of it, neceſſity of Men and Mo-
ney to ſupply their own Affairs; and as the Reader may remember
both the Ambaſſadors of thoſe Princes were preſſing both the King and
Parliament for Men out of Ireland, ſo far were they from ſupplying
the Iriſh with any: And for the Pope, beſides that he is never over li-
beral of the Temporal Treaſure of the Church, he was at a Diſtance too
Remote, and too impotent in Shipping, to give them
any Aſſiſtance
indeed he might probably be very Prodigal of thoſe cheap and uſeleſs
Spiritual Treaſures of the Church, Indulgences, Bleſſings, Reliques, and
promiſes of Miracles in their Favour, but had he imployed both the
Swords, and unlocked all the Treaſures with St. Peter's Keys, yet could
he not without a real Miracle, nay many, have ſaved them from moſt
unavoidable Ruine and Deſtruction, had England and Scotland conti-
nued in Peace ; ſo that it will plainly appear, that if not the Deſign, yet
the Execution of it at that time, depended wholly upon the certain ex-
pectations of a Civil War, and the Confuſions that attend it, which it
was not difficult for the Iriſh Committees, who were upon the Earl of
Strafford's account, very intimate with the Faction of the Parliament,
to diſcover and foreſee. And this is moſt certain, that the Rebels of
cach ſide made great advantages of the Rebellion ; and as in probability
the
i
j
te
1
E
.
+
1
from the Scotch Rebellion to the King's Murtber. $55
the Iriſh had not then broke out, but that they had thĊ Engliſh Rebel- Novemb.
lion in view, ſo the Engliſh Rebels made their firſt Levies of Men and 1.641
Money, with which they fought againſt the King under colour of fup-
preſſing the Iriſh Rebellion : And this is moſt certain, That had Ire-
land continued in Peace, Scotland dareſt not have ſtirred, as they did, to
give aſſiſtance to the Engliſh Rebels, and indeed to give the Fatal Turn
to the ballance of the War, whicli then ſeemed to incline to the Royal
Party ; and the great things Montroſ did there with a handful of Men,
eaſily ſliew what might have been done to the King's Alliſtance, if Ire-
land had been in Peace. So that if theſe Rebellions did not beget one
another, as 'tis very probable they did, 'tis certain they fed and ſuppor-
ted each others Flames, and betwixt them burnt down both Church
and State in theſe three miſerable Kingdoms.
And that the Reader may ſee what the Iriſh Rebels ſaid for them-
ſelves, I have here ſubjoyned the Remonſtrance which they publiſhed for
their Vindication ; a Copy of which was procured from one Mr. Went-
worth, who had it from them while he was Priſoner among them; and
being Printed, I find it among the Collection of the Prints of that Time;
The Parliament indeed had one fent over from the Lords Juſtices in Ire-
land, and I find in the Journal of the Lords, that it was read in their
Houſe; but, in regard, though it had ſome Scandalous Reflections
upon
the King, as being willing to favour their Religion, which in due time
we ſhall prove utterly falſe, and that in this common Calumny they
agreed with the Engliſh Rebels, yet in regard it ſeemed, and that not
without great probability, to charge the Rebellion upon the Parliament,
and their preſent Proceedings and future Intentions, the thing was at that
time ſmothered; for it is neither Entred in the Journal
, as uſually Pa-
pers of that Importance were wont to be, nor can I find any Order for
the Printing or Publiſhing
of it, or for any Anſwer to take off the Charge
of the Rebels againſt the Parliament. Take it however as I find it in
Print.
t
The Remonſtrance of the Rebels in Ireland.
W
{
HEREAS we the Roman Catholicks of this Kingdom of Ireland, The Remon-
have been continual Loving and Faithful Subjects to his Sacred ftrance of thie
Majeſty, and notwithſtanding the General and Hard Oppreſſions; Suffered 08. 23. 1641.
by Subordinate Governors, to the Ruine of our Lives, Honors and Eſtates.
Tet having ſome Liberty of Religion from his Majeſty, out of the Ejiu-
ence of his Princely Love unto us; We weighing 10 Corporal Lofs, in re.
ſpect of that great Immunity of the Soul, are inviolably reſolved, to infix
our Selves, in an immutable and pure Allegiance for ever, to his ſaid Royal
Majesty and his Succeſſors.
Now ſo it is, That the Parliament of England, Maligning and Envyirgi
any Graces, received from his Majeſty by our Nation, and knowing none jo
defired by us, as that of Religion ; And likewiſe perceiving his Majeſty to
be inclining to give us the Liberty of the ſame, drew his Majeſties Preroga-
tive out of his ºHands; thereby largely pretending the General Good of his
Majeſties Kingdoms : But We the ſaid Catholicks and Loyal Subjects to his
Majeſty, do probably find, as well by. Some Afts to paſs by them the ſaid
Parliament, touching our Religion, in which the Catholicks of England and
Scotland did ſuffer; as alſo by Threat, to ſend over the Scottiſh Army,
Vol. II.
Bbbb 2
with
11
'
...
t
556 An Impartial Colle&tion of all the memorable Events
1
1
F
!:
I.
1
1
11
1
Novemb. with the Sword and Bible in Hand againſt us, that this whole and stue
16 41. died Plot, was, and is not only to extinguiſh Religion, by which we alto-
gether live Happy, but likewiſe to ſupplant is, and raze the Name of Ca-
tholick Iriſh, out of the whole Kingdon. And ſeeing this Surprize jó dan.
gerous; tending abſolutely to the overthrow of the Liberig of iur Cinſcien-
ces aud Country, and alſo our Gracious King's Power forced from him, in
which, and in whoſe prudent Care over us, our ſole Quiet and Confort com-
fifted, and without the which, tbe Fear of our prefent Rules, did preſcribe
the Opinion, and premoniſh us to ſave our. Selves. We therefore, as well
to regain his Excellent Majeſties ſaid Prerogative, being oniy due to him
and his Succeſſors, and being the Elence and Life of Mosarihy, hoping
thereby to Confirme a Strong and Invincible Vnity, between livs linyat'ard
ever happy Love unto us, and our faithful Duty and Loyalty. to his incom-
parable Majeſty, have taken Arms, and polleſſed our Selves, of the beſt and
strangeſt Forts of this Kingdom, to enable us to ſerve his Majeſty, and des
fend us from the Tyrannous Reſolutions of our Enemies : Thus our Coxſcien-
ces, as we wiſh the Peace of the ſame, to our ſelves and our Posterity, is the
Pretence and true Cauſe of our preſent. Riſing 11. Arms, by which we are
reſolved to perfect the Advancement of the Truth, and the Safety, of our
King and Country. Thus much we thought in General, fitting to publiſh
unto the World, to ſet forth our Innccent and juſt Cauſe, the particular
whereof ſhall be ſpeedily declared. Dated 23 October 1641.
We do declare unto God and the World, Tiat what we do or have done,
is for the Maintenance of the Kings and our Religion, and for fear theſe
our Doings ſhould be miſconſtrued, We tlought good to make known unto the
World, by this our Declaration and Remonſtrance.
(1) The ſeveral private Meetings of Factious and. I!l diſpoſed People,
unto our Government and Common-Wealth, at ſeveral Places Plotting and
Deviſing our utter Ruine, and the Extirpation of our Religion.
(2) Several Men implayed by them, with Inſtruments ready drawn, for
get Hands thereunto, to be preferred to the Parliament of England;
whereby they would have the Papills
, as they call them, and the Proteſtant,
Biſhops of the Kingdom, whom they joyn with the Papists, and hate as they
hate the Papiſts, the Biſhops to be depaſed, and the Papiſts baniſhed, or
otherwiſe rooted out of this Kingdom.
(3) The Government of this Kingdom ſucceſſively, put into the hands
of so many Needy and Poor Miniſters, who for raiſing of themſelves lave
by ſcruing Inventions Polld the Gentry and Commons of this Kingdom, that
no Man was ſecured of any thing he had.
(4) We ſaw his Majeſty, to whom we thought to Addreſs our ſelves iras
so oppreſſed by the Arrogancy of ſuch Faithleſs and Diloyal Subjects, and as
it were cut off from all Prerogative, that we could not expect any Redreſs,
as long as they ruled in his Kingdom as now they do.
All which we taking into our ſerious Conſideration, did fear we ſhould be
circumvented on the ſuddain, and for our Security did think fit to arm
cur
Selves for our own Defence and Safety of his Majeſty, from ſuch wicked Per-
turbers of all Common-Wealths, where they get any Superiority, that they
will not admit either of the Kings or Biſhops ; as well Witneſs Germany:
and for the Places we tave taken, we will yield them up, when his Maje-
Sty pleaſeth to Command us, and takes a Courſe for Securing of us, and the
Proteſtants of this l'ingdom, who are only his true and obedient Subjects,
againſt such Factious and Seditious Puritanes, the Diſturbers of all States,
as had brought the like Miſery on Queen Elizabeth and King James, had
they
+
to
-1
1
6
.
"
:
B
11
11
-1
.
.
1
1
1
1.
1
?
Arms.
from the Scotch Rebellion, to the King's Murther:
557
they not been by them and their wiſe Councels prevented; which we tbougt.Novemb:
fit to intimate unto the good Subjects, that they may
, the more willingly. i 6 4
affist us, until we be at better leiſure to make our great Grievances kugwiara
unto his Majeſty, and he have more power to relieve us.
And becauſe they nor any others ſhall have any reaſon to accuſe me
with Partiality, I here preſent the Reader with a Narrative which I find
Printed in P.Wis Anſwer to the Lord Orrery as follows:
THey therefore, meaning the Engliſh Natior., and the wi.oie. Worid, A Narrative
may be pleaſed to know, That We, ſpeaking of the Iriſh, are so far done in the
from juſtifying any horrid Actions perpetrated at that time, when but a beginning of
few of any Quality raiſed a Rebellion in the North, as we have, and still the Rebellion,
make it our requeſt, That thoſe. Crimes and all Maßacres and Murthers Papils piead
then or after committed, whoever ſhall be found guilty of them,be puniſhed. in mitigation
Tet we may not omit, although no motive what ſoever could juſtifie their of their taking
Undertakings, to repreſent, T hat before they fell from their Obedience to
the Government, Sir William Parſons, one of the Lords Juſtices that ſupa
plied the Deputy's place, at a publique Entertainment lefore many Wit-
nelles, did poſitively declare, That within a Tucivemonth, no Catholick
ſhould be ſeen in Ireland. Many hands were fought, and Thouſands were
found to ſubſcribe a Petition, tending to the introducing a ſevere Perfecta
tion againſt Catholiques, who were the far greater number of the Inhabi.
tants of Ireland; and the menace of an Invaſion of a Scottiſh Army, of which
men did at that time frequently diſcourſe, bred frightful apprehenſions.
So as theſe and other Grounds of fufpition, being improved by Juch among
them, whoſe particular Intereſts could be moſt favoured, and better ada
vanced in vnquiet Times, laid the Foundation of that Rebellion. But
even thoſe. Men, and at that time, when the Lords Fuſtices did not appear
to be prepared for Reſiſtance, by their Remonſtrance humbly beggʻd their
Grievances might be redreßed by the Advice of the Two I louses of Par-
liament then met at Dublin. But the Lords Juſtices,who by their Words,
and A&tions, not only Expreſed their unwillingneſs to ſtop the farther
growth of theſe Diſtempers, but meant to increaſe them, and were often
heard to wiſh, That'the Number were greater of ſuch as became Criminal,
by Proroguing the Parliament, made them Deſperate. However, the
Nation by their Repreſentatives, in the two days which were only allowed
them to Sit, husbanded their time ſo, as to leave to Poſterity a Monument
of their averſion to fuch attempts, by declaring, That thoſe men had Tray-
terouſly and Rebelliouſly taken Arms, and offering to employ their Lives
and Fortunes in reducing them to their Obedience, if they might be per-
mitted then to Sit. But this was denyed them; and by a ſtrange change
from the Ancient Form of Government, a Parliament then. Sitting was
Prorogued; whereas our Anceſtors, upon a far leß occaſion, then quieting of
ſo high diſtempers, were uſually called upon, to aſsiſt the King with their
Advice. To this may be added, That the Earl of Ormond propoſed at:
the Council-Board, the raiſing of 5000 Men in tłe ſpace of Three Weeks
,
if he might be authoriſed ſo to do, with which Strength Ze undertook 10
diſſipate thoſe then weak beginnings of the Enſuing Miſchiefs, and to pre-
zent their farther growth, but was refuſed it ; jo as thus far we may ob-
Serve who they were that widened the Wound, inſtead of ſtanching the
Blood.
This Foundation being thus laid, that which at firſt, was but a ſpark, and
might
1
1
✓
..
1
9%.
!1
1.
11
:
1
1
558 An Impartial Collection of all the memorable Events
Noziem. might be eaſily quencked, began to Flame : And freedom of Rapine having
1 641. Suddenly drawn Numbers together, the unrepreſs't Conſpirators became a
Formidable Army, and beſieged Tredah, paſing the River of Boyne,
which was the Rubicon of the Pale, and had in all former Rebellions been
maintained with their blood, by thoſe antient Engliſh Colonies planted
there: Now it was that the Times began to favour the Deſign of the Lords.
Juſtices, and their Party in the Council, which was as forward as they to
foment the Diſtractions : for the Ulſter Army lying in the Bowels of the
Country, the Forces being not yet come out of England, and the Natives
themſelves both unarm’d and diſtrusted by the State, they were forced at
firſt, by their Regular Contribution, to prevent the deſolation which would
have followed their refuſal to ſupply them. Hereupon ſuch Contributors
legan to be looked upon, and Character'd as Men fallen from the Govern-
ment : And a Party that was ſent from Dublin, having killed at Santry,
but three Miles diſtant from thence, Some innocent Husband-men, among
whom there was two Froteſtants, and carried their heads as in Triumph
to the City, the neighbour Inhabitants alarm’d thereat, had recourſe to
ſuch Weapons as firſt came to hand, and gathered in a Body ; whereupon
the Lords Fuſtices ſet forth a Proclamation, in Nature of a ſafe Conduct
,
by which, theſe ſo in Arms, and Mr. King of Clantarffe by Special name,
had five days reſpite to come in and preſent their Grievances : But be-
fore three Nights of the time prefixed were Expired, Mr. King's Houſe
ivas Pillaged, and Burnt by direction of the Lord's Juſtices.
Not long after, ſupplies being arrived out of England, and the Siege
of Tredagh Raiſed, and conſequently the force removed, which neceſita-
ted the Inhabitants to comply with the Ulſter Army, the Nobility and
Gentry of the Pale prevailed with Sir John Read, His Majeſties Sworn
Servant, a ſtranger to the Country, un-engaged, and an Eye-witnefs of
their proceedings, then upon his Journey to England, to take the pains to
preſent their Remonſtrance to His Majeſty, and to beg Pardon for what
they were thus compelled to Act. But he poor Gentleman coming to Dub-
lin, was apprehended, and not concealing the Meſſage intruſted with him,
was put to the Rack; the moſt part of the Queſtions which were then as-
ked him in Torment, being no other, then ſuoh z might lead him to ac-
cuſe the King and Queen to be Authors and. Fomenters of that Rebel-
lion.
Moreover, the Two Houſes of Parliament in England, for the better
inducing the Rebels to repent of their wicked attempts, commended to the
Lords Juſtices, according to the Power granted them in that behalf, to
léſtow His Majeſties Gracious Pardon to all ſuch as within a Convenient
time, &c. Jhould return to their Obedierce. The Lords fultices, notwith-
Starding Such Ortler; and His Majeſties Gracious Pleaſure ſignified to that
effect; by their Proclamation dated in November, 1641, limited ſuch His
Majeſly's
, and the Parliament's of England, their favourable and general
intentions, to the Inhabitants of a few Counties; provided always, they
were not Free-holders; and afforded them no longer time then Ten days
after the Proclamatiin to receive benefit thereby. But notwithſtanding
theſe Reſtrictions, the Lord of Dunſany, Sir Jolin Netervill, Patrick Bar-
newal of Kilbrue, and many others who had notice of His Majeſties
. Gra-
cious Inclination towards the Nation, and the Parliament of England's Or-
der in favour of them, fubmitted to the Lord Marqueſs of Ormond, then
Lieutenant General of His Majeſties Army, who recommended them to the
Lords Juſtices, intimating, that the good vlage to be Extended to them,
1
น
1
!
.
would
1
1
1
1
.
from the Scotch Rebellion to the King's Murtber. 559
would have an Influence on many others, and be a great Motive to quiet | Novem.
the Diſtempers which then began to ſpread : But the Lords Fuſtices, whoſe 1641.
Deſign was not to be carried on by Mercy and Indulgence; to prevent Sub-
miſſions, Impriſoned, and Indicted by a Jury, which did not conſiſt of Free-
holders, thoſe ſo Submitting; and put the ſaid Mr. Barnewal, of the Age
of 66 years, to the Torture of the Rack. This notwithſtanding, the No-
blemen and Gentry inhabiting the Country next to. Dublin, applied them-
felves humbly by their Letter, to the Lords Juſtices ; which when the
Earl of Caſtlehaven a Nobleman of Engliſh Birth, who freely, before that
time, had acceſs to Dublin, came to preſent, he was made a Priſoner.
WWrefore when the Nation obſerved, That their advice in Parliament
was not only thought unneceſſary, but themſelves involved in a general
diſtruſt :
That neįther the Parliaments, nor the Marqueß of Ormond's offer to
Suppreß the Rebellion, would be accepted :
That the inforced complying of the Nobility and Gentry of the Pale with
a powerful Army, which was Maſter of their Lives and Fortunes, was im-
puted to them as a malicious averſion from the Engliſh Government :
That the blood of Innocent Husband-men was drawn, and the heads of
Men were grown an acceptable Spectacle in Dublin :
That the Publick Faith was broken, and Mens Houſes, particularly in-
abled to claim benefit by it, pillaged and burnt :
That all ways were obſtruéted by which they might implore His Maje-
sties Mercy, and repreſent their Conditions
That the Favourable Intentions of the Parliament of England, and His
Majeſties Gracious Pardon, which was meant ſhould extend to all, Save
ſuch as were guilty of blood, was ſo limited by them, as no eſtated man
could receive benefit by it:
*That thoſe who notwithſtanding theſe Reſtrictions, caſt themſelves free-
ly upon His Majeſties mercy, were Impriſoned, Indišted, and
ſome of them
Rack't:
That the Earl of Caſtlehaven might have found it a Capital Crime to
mediate in their behalf, # he had not made his Eſcape after Twenty Week's
Impriſonment :
That the King's Sworn Servant was Rack't, and his Miniſters, whoſe
Duty it was to have been Zealous for the honour of their Maſter, endea-
voured to aſperſe it ; and render him and his Royal Confort odious to his
People, by Jtriving to Extort from a tortur'd
man, fome Teſtimony, by
which they might be accuſed of raiſing and Fomenting that Rebellion ;
When theſe and many other Arguments, of this kind, which for fear of
prolixity are omitted, had convinced the Catholiques of Ireland, that the
Lords Juſtices, and that part of the Council which adhered to them, bea
came unfaithful to His Majeſty, and had deſigned the Ruine of that Na-
tion, and the Extirpation of their Religion, that Law which moves the
hand by interpoſing it ſelf to bear off a ſtroak aimed
at the Head, Conven
ned an Aſſembly of theſe, who were expoſed to thoſe ſo eminent dangers,
in which they modelled a Government in order to their Natural defence ;
obliging themſelves by ſuch an Oath to His Majeſty, his Heirs and Suc-
celors, as well ſhewed their affection to the Crown, and their unalterable
reſolutions to maintain His Majeſties Rights, and to follow his Fortune.
Between theſe divided Governments there have been Battels fought,
Cities and Forts beheged, and much Chriſtian Blood ſpilt, which will one
day lye at ſome Mens doors ; And who thoſe are, the Eternal Wiſdom
beſt
.
L
4
1
560. An Impartial Colle&tion of all the memorable Events
Novemb. | beſt knows, and the Reader is left
. free to determine. Thus far the faid
1 6 41. 'Narrative, Printed and Publiſied at Lordon in the Year 1660, And
which I find in P.W's Reply to the * Perſon of Quality's Anſwer, &c.
* Earl of Or.
riry.
Pag. 7.
V
By which it appears, That the Lords Juſtices, uſed ſome indiſcreet,
as well as unjuſt Severities, which did not a little contribute to the
inflaming of the Rebellion; but ſtill it was a'Rebellion, which is a Crime
ſo black and horrid in the fight of God and all good Men, that no
excuſes can Palliate or Extenuate, nor any Circumſtances of Hardſhips
or Oppreſſions, Injuſtice or Wrongs can juſtifie; ſince it is utterly in-
conſiſtent with not only all the Rules of Civil Polity, but the Divine
Rules of Chriſtianity, which teaches us not to reſiſt the Powers which
are-ordained of God, under a penalty of Damnation, wliich is a danger
and a loſs of fo vaſt Extent, as that the loſs of Liberty, Goods, and even
Life it Telf, which are the utmoſt we can ſuffer from unjuſt Men, are
but trifles if compared with it, and the Method is Extravagant to the
very laſt Degrees of Folly and Madneſs, which applies a Medicine Ten
Thouſand times worſe then the Diſeaſe, and is ſuch a piece of diſcreti-
on, as for a Man to leap into the Sea, to avoid a ſhower which would
wet him to the skin.
Without all Controverfie the Progreſs and Growth of this Horrid Re-
bellion, as before was obſerved, muſt be attributed in a great Meaſure to
the Misfortune & Untimely Death of that Great Man and Wiſe Governor
tlie Earl of Strafford. For upon his quitting of Ireland, the Nation which
before ſeemed to do, and really injoyed a moſt Serene and Quiet Calm
of Peace, began to be over-caſt and clouded with Diſcontents, Grievan-
ces, Fears and Jealouſies, which, notwithſtanding all the Power of the
Beams of his Majeſties Grace and Favour which were ſo warmly be-
ſtowed upon them were ſo far from being thereby diſſipated that they ſtill
Encreaſed, until at length thoſe black and ſullen clouds diſcharged them-
ſelves in the moſt diſmal Tempeſt of Fire and Blood, that any Age, or
almoſt any Nation under Heaven hath beheld. 1
And this will moſt Evidently appear by the Conſequences which im-
inediately followed upon the Earl of Strafford's parting with the Rains
Chriſtopher of that Government: for upon his coming for England, Chriſtopher
Wendesford
Wendesford Eſq; Maſter of the Rolls, was, the 3d. of April, 1640. ſworn
Eſq; Mr. of
Lord Deputy. He was a Perſon of great Abilities, and one with whiom
Ireland made the Earl of Strafford had even from their Early Years contracted an
there
, April 3. Intimacy and Friendſhip, which Ended not but with their Lives; and ſo
great was his Fidelity to this Noble Earl, that perceiving the Parliament
of Ireland, who not long before had ſung ſuch Hoſanna's to the Earl of
Strafford in the Preamble to the Bill of Subſidies, now running as faſt
down the Hill in joyning with his Enemies in England, to procure his
Ruin and Deſtruction, he Adjourned the Parliament in November, fol-
lowing to the 26th of fanuary, hoping by that means, to prevent the
Blow, which he ſaw they were levelling at that Wiſe and Illuſtrious
Head; but notwithſtanding all tliat he could do, the Earl's Enemies
made a ſhift before they broke up to frame a Remonſtrance againſt the
Earl ; and, though he uſed his utmoſt Endeavours to ſtop the Committee
of the Parliament from carrying into Englund, yet, was he not able
to prevent it, nor their paſſage, but that all the Ports being open, four
Lords and 12 Commoners, the greateſt part of which were Papiſts, pal-
ſed
the Rolls in
1
The Nomes
1
6
6
his Majeſties Princel
from the Scotch Rebellion to the King's Murtber. 561
ſed over into England, and Exhibited their Remonftrance, and did the Novemb.
Earl all the Ill Offices they were able, for which they were then Highly 164 1.
Countenanced and Careſſed by the Faction in the Engliſh Parliament,
who, together with the Scottiſh Rebels, then at London to finiſli the
Treaty between the Two Kingdoms, purſued the Life of that Great Man
with the Utmoſt Vigor and Animoſity that Malice and Power would
ſuggeſt unto them; The Names of the Iriſh Committees were, The
Lord Viſcount Gormanſton, Lord Kilmalloc, Lord Castiloe, L. Baltinglaſs. of the
Iriſh
Of the Commons, For Lemſter, Nich. Plunkett, Digby, Richard Committee.
Fitz-Garret, Eſquire. Munſter, Sir Hardreſs Waller, Sir Donnogh Mac-
Carti, John Welſh, Eſquire. Conaght, Robert Linch, Geffry Brown, Thomas
Bourk, Eſquires. vller, Sir William Cole, Sir James Montgomery.
The Remonſtrance was as followeth, addreſſed firſt to the L. Deputy
Wendesford.
The humble and juſt Remonſtrance of the Knights, Citizens and Birgeſses
in Parliament Aſſembled.
Shewing,
TH
Hat in all Ages ſince the happy ſubjection of this Kingdom to The Iriſh Re-
the Imperial Crown of England, it was and is a princ.pal ſtudy and monftrance.
Princely Care of his Majeſty and his moſt noble Progenitors, Kings
and Queens of England, and Ireland, to the vaſt Expence of Treaſure
and Blood; That their Loyal and Dutiful People of this Land of Irei
land, being now for the moſt part derived from Brittiſh Anceſtors,
ſhould be goverried according to the Municipal and Fundamental Laws
of England; That the Statute of Magna Charta, or the Great Charter
of the Liberties of England, and other laudable Laws and Statutes were
in ſeveral Parliaments here Enacted and Declared; that by the means
thereof, and the moſt Prudent and Benign Government of his Majeſty
' and his Royal Progenitors, this Kingdom was, until of late, in its
growth, a flouriſhing Eſtate, whereby the faid People were heretofore
enabled to anſwer their humble and natural Deſires, to comply
with
150
Thouſand pounds ſterling : And likewiſe by another free gift of 120
Thouſand pounds more, during the Government of the Lord Viſcount
Faulkland, and after by the gift of 40 Thouſand pounds, and their free
and cheerful gift of Six intire Subſidies, in the Tenth Year of his Ma-
jeſties Reign, which to comply with his Majeſties then Occaſions, figa
nified to the then Houſe of Commons, they did allow. ſhould amount
in the Collections unto a Hundred and fifty Thouſand pounds (al-
though as they confidently believe) if the Subſidies had been levied in
a moderate Parliamentary way,they would not have mounted to much
more than half the Sum aforeſaid, beſides the Four intire Sublidies
granted in this preſent Parliament.
So it is; may it pleaſe your Lordſhip, by the occaſion of infuing and
: other Grievances and Innovations, though to his Majeſty no conſider-
able. Profit, this Kingdom is reduced to that Extream and Univerſal
Poverty, that the ſame is leſs able to pay Two Subſidies, ; than it was
<heretofore to ſatisfie all the before-recited great Payments, and his Ma-
- jefties moſt Faithful People of the Land, do conceive great Fears, That
the ſaid Grievances and Conſequences thereof, may be hereafter drawn
Vol. II.
Сccc
into
<
G
<
6
.
562 An Impartial Colle&tion of all the memorable Events
Novemb.
1 6 41.
1
C
6
6
C
<
.
2
' into Preſidents, to be perpetuated upon their Poſterity, which, in their
great hopes and ſtrong belief, they are perſwaded is contrary to his
Royal and Princely Intention towards his faid People; of which Grie-
vances are as followeth :
* 1. Firſt, The general apparent decay of Trades, occaſioned by the
new and illegal raiſing of the Book of Rates, and Impoſitions upon Na-
tive, and other Commodities,Exported and Imported, by reaſon where-
of, and of extream
Uſage and Cenſures, Merchants are beggered both,
and diſ-inabled and diſcouraged to Trade; and ſome of the Honorable
Perſons who gain thereby often Judges and Parties. And that in the
' concluſion his Majeſties Profit thereby is not conſiderably advan-
ced.
2. The Arbitrary deciſion of all Civil Cauſes and Controverſies by
paper Petitions,before the Lord Lieutenant and Lord Deputy, and infi-
nite other Judicatories upon references from them derived in the na-
ture of all Actions determinable at the Common Law, not limited into
certain time, cauſe, ſeaſon or thing whatſoever : And the conſequences
of ſuch exceeding by immoderate and unlawful Fees, by Secretaries,
Clarks, Purfivants, Serjeants at Arms, and otherwiſe, by which kind of
proceedings his Majeſty looſeth a conſiderable part of his Revenue upon
original Writs,and otherwiſe:and the Subject looſeth the benefit of his
Writ of Error, Bill of Reverſal, Vouchers, and other Legal and juſt
advantages, and the ordinary courſe and Courts of Juſtice declined.
3. The proceedings in Civil Cauſes at Council Board, contrary to
the Law and Great Charter, not limited to any certain time or fea-
fon.
4. That the Subject is in all the material parts thereof denyed the
benefit of the Princely graces, and more eſpecially of the Statute of
Limitations of 2.1 Fac. Granted by his Majeſty in the Fourth year of
his Reign, upon great advice of Council of England and Ireland,and for
great conſideration, and then publiſhed in all the Courts of Dublin,and
in all the Counties of this Kingdom in open Affizes, whereby all per-
fons.do take notice, That contrary to his Majeſties Pious Intentions,his
Subjects of this Land have not enjoyed the benefit of his Majeſties
Princely Promiſe thereby made.
5. The Extrajudicial avoiding of Letters Patents of Eſtates; of a
very great part of his Majeſtiès Subjects under the Great Seal ( the
Publique Faith of the Kingdom) by private Opinions, delivered at the
Council-Board, without Legal Evictions of their Eftates, contrary to the
Law, and without preſident or example of any former Age...
6. The Proclamation for the ſole Emption and uttering of Tobacco,
which is bought at very low rates, and uttered at high and exceſſive
rates, by means whereof Thouſands of Families within this King-
dome, and of his Majeſties Subjects, in ſeveral Iſlands, and other parts
of the West-Indies. (as your Petitioners are informed) are deſtroyed ;
' and the moſt part of the Coyn of this Kingdom is ingroſſed into parti-
? cular hands: Inſomuch as the Betitinners do conceive that the Profit
ariſing and engroſſed thereby, doth ſurmount his Majeſty's Revenue,
certain or caſual, within this Kingdom, and yet his Majeſty receiveth
.but very little Profit by the ſame.
The univerſal and unlawful increaſing of Monopolies, to the ad-
vantage of a few to the diſprofit of his Majeſty, and Impoveriſhment of
$
3
G
1
-3.71
7.
$
F his People.
5
6.8. The
-
á
..
1 6 41.
C
1
G
C
C
IO.
6
+
6
II.
Č
C
3
from the Scotch Rebellion to the King's Murtber. 563
8. “The extream and cruel uſage of certain late Commiſſioners, and Novemb.
other Stewards, the Britiſh Farmers and Inhabitants of the City and
County of London-Derry, by means whereof the worthy Plantation
of that Country is almoſt deſtroyed, and the Inhabitants are reduced
to great Poverty, and many of them forced to forſake the Country,
the ſame being the firſt and moſt uſeful Plantation in the large Pro-
vince of vliter, to the greát weakening of the Kingdom, in this
time of danger, the ſaid Plantation being the principal ſtrength of thoſe
Parts:
9.
The late erection of the Court of High-Commiſſion, for Cauſes
Eccleſiaſtical in thoſe neceſſitous times, the proceedings of the ſaid
Court in many Cauſes without Legal Warrant; and yet ſo ſupported
as Prohibitions have not been obtained, though legally ſought for :
And the exceſſive Fees exacted by the Miniſters thereof, and the en-
croaching of the ſame upon the Juriſdiction of other Eccleſiaſtical Courts
of this Kingdom
The exorbitant Fees, and pretended Cuſtoms exacted by the
Clergy againſt the Law, ſome of which have been formerly repreſen-
ted to your Lordſhip.
The Petitioners do moſt heartily bemoan that His Majeſties
' ſervice and profit are much more impaired then advanced, by the Grie-
vances aforeſaid ; and the Subſidies granted in the latt Parliament.
having much increaſed His Majeſties Revenue, by the buying of
grants, and otherwiſe : And that all His Majeſties debts then due iri
this Kingdom, were ſatisfied out of the ſaid Subſidies; and yet His
Majeſty is of late (as the Petitioners have been informed, in the Houſe
of Commons) become indebted in this Kingdom, in great Sums : And
they do therefore humbly beſeech, that an exact accompt may be ſent
to His Majeſty, how and in what manner his Treaſure iſſued.
The Petitioners do humbly conceive juſt and great fears, at a
' Proclamation publiſhed in this Kiugdomn, in Anno Domini 1635. Pro-
hibiting Men of Quality or Eſtates to depart this Kingdom into Eng-
' land, without the Lord Deputies Licenſe, wherein the Subjects of this
Kingdom are hindred and interrupted from free acceſs to Addreſs to
His Sacred Majeſty, and Privy Council of England, to declare their
juſt Grievances, or to obtain Remedies for them in ſuch ſort as their
Anceſtors have done, in all Ages ſince the Reign of King Henry the
Second,
and great Fees exacted, for every of the ſaid Licenſes
13. ' That of late His Majeſties late Attorney General, hath exhi-
bited Informations againſt many Boroughs of this Kingdom, into His
Majeſty's Court of Exchequer, to ſhew cauſe, by what Warrant the
faid Burgeſſes (who heretofore fent Burgeſſes to the Parliament) ſhould
ſend the Burgeſſes to the Parliament, and thereupon for want of an
Anſwer, the faid Priviledges of ſending Burgeſſes was ſeiſed by the
ſaid Court, which proceedings were altogether Coram non Judice, and
contrary to the Laws and Priviledges of the Houſe of Parliament C and
if way ſhould be given thereunto ) would tend to the Subverſion of
Parliaments, and by conſequence to the ruine and deſtruction of the
Common-wealth.
And that the Houſe of Commons hath hitherto, in this preſent Par-
liament, been deprived of the Advice and Gounſel of many profitable
and good Members by means thereof.
Vol. II.
CCCC2
I2.
6
1
C
4
<
G
3
C
C
C
.
C
14. 'By
ng
4
1:
Ir H
6
6
564 An Impartial Colle&tion of all the memorable Events
November, 14. By the powerfulneſs of ſome Miniſters of State in this King-
1 641.
dom, the Parliament in its Members, and Actions, hath nor his natu-
ral Freedom.
15.' And laſtly, That the Gentry, and Merchants, and other His
Majeſty's Subjects of this Kingdom, are of late by the Grievances, and
Preſſures beforeſaid, and other the like brought very near to Ruine,
and Deſtruction : And Farmers of Cuſtoms, Cuſtomers, Waiters, Sear-
chers, Clerks of unwarrantable proceedings
, Purſivants, and Goalers,
and fundry others, very much enriched, whereby, and by the flow Re
dreſs of the Petitioners, His Majeſties moſt Faithful and Dutiful People
of this Kingdom, do conceive great fears, that their readineſs approved
upon all occaſions, hath not been of late preſented to his Sacred Ma-
jeſty : For remedy whereof the ſaid Petitioners do humbly and of right
beſeech your Lordſhip, that the ſaid Grievances and Preſſures
may
be ſpeedily redreſſed, and if your Lordſhip ſhall not think fit to afford
preſent relief, that your Lordſhip might admit a ſelect Committee of
this
. Houſe of Perſons unintereſſed in the benefit ariſing of the afore-
ſaid Grievances to be licenſed by your Lordſhip, to repair to his Sa-
cred Majeſty in England, for to purſue the ſame, and to obtain fitting
remedy for their aforeſaid and other juſt Grievances and Oppreſſions,
and
upon all juſt and honourable occaſions, they will without reſpect
of particular intereſt or profit to be raiſed thereby, moſt humbly and
readily in Parliament extend their uttermoſt endeavour to ſerve His
Majeſty, and comply with his Royal and Princely occaſions, And ſhall
C
i
C
<
Ć
C
pray, &c.
Sir William
1
L. Dillon dir
Lord Deputy
Not long after the Lord Deputy Wendesford died, viz. the Third of
ivendesford December following; whereupon Robert Lord Dillon of Kilkenny-weſt,
dics.
and Sir William Parſons Knight and Baronet, Maſter of the Court of
L. Dillon, and Wards, were Conſtituted Lords Juſtices of Ireland, and were according-
ly Sworn the 30th of December 1640. But the Lord Dillon, whoſe Son
Lords Juſtices. had married the Earl of Strafford's Siſter, and who being a Perſon of
great Parts and Abilities, and paſſionately devoted to the Earl's Intereſts,
botli by Alliance and Inclination, was no way grateful to the Faction;
it was not long therefore before the King, who in all things endeavour-
ed to ſweeten them, by gratifying them in whatever they deſired,
was prevailed with, at the Importunities of the Iriſh Committees then
placed, and Sir at the Court, to diſplace the Lord Dillon, and appoint the aforeſaid Sir
John Borlafe William Parſons, and Sir John Borlaſe, to be Lords Juſtices of the King-
dom of Ireland.
Theſe Gentlemen by His Majeſties Command applied themſelves to
give ſuch ſatisfaction to His Majeſties Subjects of Ireland, as in reaſon
they could deſire, and among other things His Majeſty was pleaſed to
reduce the Subſidies from 40000 l. a Subſidy to 12000 a piece, and all
things ſeemed to be in a molt quiet and peaceable Poſture and Condition
of Settlement.
But yet even then, which ſeems much to confirm the Lord Macguire's
Confeſſion, this Rebellion was upon the Anvil
, for about the latter end
of the year 1640, the King received ſome advertiſements of a Deſign
then on Foot, to raiſe fome Commotions in Ireland; whereupon the
King, whoſe care for the Security of his Kingdom and Proteſtant Sub-
jects of Ireland was always awake, cauſed Sir Henry Vane, his Principal
Secretary of Eſtate, to advertiſe the Lords Juſtices, Parfors and Borlaſe,
of
ſubſtituted 10
his rooms
.
1
from the Scotch Rebellion to the King's Mürther. 56
of it, and to Command them to take care therein. The Letter which Novem.
I find in Dr. Borlafe's Hiſtory, was delivered to the Lord Parfons, and 1 6 4 İ.
found after his Death in his Study by Sir James Barry, Lord Baron
of Santry, and preſented to His preſent Majeſty, and was in theſe
Terms.
ܐܳܟ݂
:
1
H
H Η
Main
Right Honourable,
Is Majeſty hath Commanded me to acquaint your Lordſhips with Sir H. Vane's
an Advice given him from abroad, and confirm'd by his Miniſters Letter to the
in Spain and elſewhere, which in this Diſtemperd Time, and Conjuncture Conde Junices
of Affairs, deſerves to be ſeriouſly conſider'd, and an eſpecial care and ſome Informa-
watchfulneſs to be had therein : which is, That of late there have paſſed tions of dan-
from Spain and the like may well have been from other Parts ) an un-
ger in Ireland.
Speakable number of Iriſh Church-men for England and Ireland, and ſome
good old Soldiers 'under pretext of asking leave to raiſe Men for the
King of Spain ; whereas it is obſerved, among the Iriſh Friars there, a
whiſper runs, as if they expected a Rebellion in Ireland, and particu-
larly in Connaght. Wherefore His Majeſty thought fit to give your
Lordſhips this notice, that in your Wiſdoms, you might manage the ſame
with that Dexterity and Secreſe, as to Diſcover and Prevent so per-
nicious a Deſign, if any ſuch there ſhould be, and to have a watchful Eye
on the Proceedings and Actions of thoſe who come thither from abroad, on
what pretext
' foever, and ſo herewith I reſt,
li
White-Hall, March
the 16th 1640.
Your Lordſhips moſt Humble
Servant,
Henry Vane.
-
The preſervation of this Letter appears very uncommon, and looks
as if Providence intereſſed in the Vindication of Oppreſſed Innocence;
had reſerved it to clear the Illuſtrious Memory of the Royal Martyr,
from the Barbarous Calumny, which the wickedeſt of Mankind indea-
voured to fix upon him, as being conſcious of, and favouring this Exe-
crable Rebellion in Ireland. Whereas this makes it evident beyond the
poſſibility of contradiction, that His Majeſty took all the care imagina-
ble to ſuppreſs the very firſt beginnings, and motions towards an Inſur-
rection.
And from hence one may alſo very probably conjecture at the reaſon
why his Majeſty was ſo willing to comply with the Deſire of the Spaniſh
Ambaſſador, to Tranſport ſuch a Number of the Iriſh for the Service of
the King his Maſter ; and poſſibly this very information might be the
great inducement which moved his Majeſty to conſent to their Tranſpor
tation ; for rationally ſpeaking, had theſe Levies gone forward, and the
Military men of that Nation been ſent abroad into the Service of For-
reign Princes, there could have been no Rebellion, or at leaſt nothing
ſo formidable as it proved ; and that which ſeems to confirm the Con-
jecture, is, That the Roman Catholick Members of the Houſe of Com-
mons in Ireland, who were acquainted with th Conſpiracy, did with
all the Artifice and Induſtry imaginable, as well as the Engliſh Parlia-
ment, indeavour to obſtruct the Tranſportation of the disbanded and diſ-
contented Souldiers, among other Specious and Colourable
Arguments,
Inſinuating
V
1
* Vide Dr.
Borlafe's Hi-
:.
566 An Impartial Collection of all the memorable Events
Novem inſinuating, That the Spaniards kaving long born ill-will to England,
1.641. they did not know, how foon thoſe very Regiments (acquainted with every
Creek of the Kingdom) might be returned on their own Bowels, having na-
turally a love to their Religion, which ſuch an incendiary as the King of
ſtory, p. 8. Spain, might foon inflame to the higheſt prejudice.
But however, this Intimation given to the Lords Juſtices by Secretary
Vane's Letter, doth abundantly clear his Majeſty from the leaſt degree
of Sufpition, of contriving, fomenting, or conniving at this Iriſh Rebel-
lion, ſo it will fix a blemiſh either upon the Integrity or Abilities of Sir
William Parſons at leaſt, after having ſo fair Warning given, that he
ſhould never be able to penetrate into the Plot of the Iriſh ; which ſure,
a Chief Governor of Ireland could not want Means and Inſtruments to
do,till it was ſo ripe for Execution, as to be impoſſible to prevent it ; and
which is worſe, to be in no tolerable poſture of Proviſion to Suppreſs and
Extinguiſh it upon the firſt Eruption.
Nor did the Conſpirators in Ireland fail to Uſe the fame Arts and Me-
thods which thoſe of Scotland and England, and indeed all Conſpirators
are wont to make uſe of, to raiſe up Fears and Animoſities, Jealouſies
and pretended Grievances to unhinge the People from their Allegiance,
by complaining of the Mal-Adminiſtration of the Government and Pub-
lick Affairs ; This the Hiſtorian tells us was one of the Maſter-Pieces of
Saluſt. in coro Cataline and his Aſſociates, illis quieta movere magna merces videbatur.
And thus did the Iriſh Conſpirators, for at the meeting of the Parlia-
ment, the great buſineſs was complaints of Grievances, and Impeach-
ments of High Treaſon againſt
the Prime Miniſters of State ; Sir Richard
Bolton Lord Chancellor of Ireland, and others were Impeached of High
Treaſon, and the Biſhop of Derry, though contrary to all preſidents of
that Nature, as was certified by the Lords Juſtices to the principal-Se-
cretary,upon
Search made by his Majeſties Commands for that purpoſe :
but as Sir John Temple obſerves, they had a deſign to draw the Govern-
ment wholly into the hands of Natives, thereby to facilitate the intended
Alteration of the Conſtitution. And upon this occaſion the Popular
Men diſplayed their Talents in aggravating Speeches, to make things
little in themſelves, fwell and appear bulky and grievous.
Upon the Impeachment of Sir Richard Bolton,&c. Mr. Audley Mervin
made this following Speech,
jur. Catal.
1
1
1
f
My Lords,
Mr. Audley
Miyvin's I
Am commanded by the Knights, Citizens and Burgeſſes, of the Commons
Speech at the Houſe, to preſent unto you Ireland's
Tragedy, the Gray-Headed Common
Exhibiting
Laws Funeral, and the Active Statutes Death and Obſequies' ;. This dejected
thie Articles Spectacle Anſwers but the prefiguring Type of Cæſar's Murther, wounded to
of High Trea- the Death in the Senate, and by Brutus his Bolom Friend, our Cæfar's Image
ſon againſt sir by Reflection, even the fundamental Laws and Statutes of this Kingdom, the
Richard Bolton, róle Means by which our Eſtates are confirmed, our Libérties preſerved, our
&c. March 4.
1640.
Lives ſecured, are Wounded to Death in the Senate, I mean in the Courts of
Juſtice, and by Brutus too, even by thoſe Perſons that have received their Be-
ings and Subſiſtance from them, ſo that here enters thoſe inſeperable firſtTwins,
Treaſons, and Ingratitude
In a plain Phraſe ( My Lords) I tender unto you Treaſon, High Treaſon;
fucha Treaſon, that wants nothing but Words to expreſs it.
To Counterfeit the King's Seal, to Counterfeit the King's Money it is Trea-
fon; but this dies with the individual Party.
To
t
from the Scotch Rebellion to the King's Murther. 567
Novemb.
1 G 41.
fon?)
1
To betray a Fort is Treaſon, but it dies with a few Men.
To betray an Army is a Treaſon, but it dies with a Limited Number, which
may be reinforced again by Politick Induſtry.
To blow up both Houſes of Parliament is Treaſon, but ſucceeding Ages,
may replant Branches by a fruitful Poſterity ; but this High Treaſon which i
do now in the Name of the Houſes of Commons, charge and impeach şir
Richard Boulton Knight, Lord Chancellor of Ireland, and Sir Gerard Loppiher
Knight, Lord Chief Juſtice of the Common-Pleas, "John Lord Biſhop of Per-
ry, Sir George Ratcliffe Knight; is in its Nature ſo far tranſcending any of the
former, that the reſt ſeem to be but petty Larcenies in reſpect of this
.
What is it to Subvert the Fundamental Laws of this Kingdom, ( High Trea-
What is it with a contumacious Malice,to Trample under Feet, the rich Le-
gacies of our Fore-Fathers, purchaſed with Sweat and Expence, I mean the
Statute Laws, what is it but High Treaſon ?
What is it through an Innate Antipathy to the Publick Good, to Incarcerate
the Liberty of the Subject, under the Iron and Weighty Chains of an Arbitra-
ry Government (High Treaſon? ) What is it (ſince his Majeſty the moſt
ami;
able and delightful Portraiture of Flouriſhing and Indulgent Juſtice to his Sub-
jects) to preſent him Perſonated in their Extrajudicial Cenſures and Judg
ments; but to poſſeſs (if poſsible) the Hearts of his Loyal Subjects of this
Kingdom: That he is a Bloody and Devouring Tyrant, and to provoke
their never Dying Allegiance, into a Fatal and Deſperate Rebellion ?
What is it to Violate the Sacred Grants, of many of his Majeſties Progeni-
tors, Kings and Queens of England Confirmed under the Broad Seal, being the
Publick Faith of this Kingdom, by an Extrajudicial Breath grounded upon no
Record ?
What is it to Inſert a Surreptitious Clauſe, forged by Fome Servile Brain in
the Preamble of our laſt Act of Şubſidies, by which the King's
Moſt Excel-
lent Majeſty, and the Earl of Strafford are placed in one and the fame Sphear,
allowing them but equal Influences, to nouriſh the Allegiance of this King
dom, what is this, but to extol other then Regal Authärity, and to Crucify
the Majeſty of our Moſt Gracious Soveraign,betwixt the two Thieves of Govern-
menţ, Tyranny and Treaſon?
My Lords, having ſuch a full'and laſting, Gale to drive me into the Depth
of theſe Acculations, I cannot hereby Steer and Confine my Courſe within the
Compaſs of Patience, ſince I read in the firſt yolums of their Brows, the leaſt
of theſe to be the certain Rụine of the Subject, and 'if prov d, a molt favoura-
ble Prologue to uſher in the Tragedy of the Actors, Counſellors and Abetters
herein.
What was then the firſt and main Queſtion ? it was the Subverſion of the
Fundamental Laws of this Kingdom. Let then Magna Charta that lies Proſtra-
ted, Beſmeared and Grovelling in her own Gore, diſcount her Wounds as ſo
many Pregnant and Undeniable Proofs, mark the Eperhite Magna Katibaxay
confirmed by thirty Parliaments in the Succeſſion of eight Kings, the Violation
of which hath ſeveral times ingaged the Kingdom of England in a Voluntary
Sacrifice : a Charter which impoſeth that Pleaſant and Wel-becoming Oath up-
on all Soveraignty, to vindicate and preſerve the Immunity thereof; before
the Crown incircle their Royal Temples in this Oath of ſo high conſequence
and general Intereſt, his Majeſty doch in a manner levie a fine to his Subjects
uſe for avoiding all fraudulent conveyances in the Adminiſtration of Juſtice.
And this Oath is tranſplanted unto the Judges as the Feoffees in truſt,appoint-
ed between his Majeſty and the Subject, and ſealed by his Majeſties
proyident
care with that emphatical penalty, that their Eſtates and Lives fhall be in the
Kings mercy upon the Violation of the fame, either in whole or in part, nei-
ther
hath the deſerved puniſhment for the breach of this Oath enacted as fuel-
gura ex vitrio, or as bugbears to inforce the obedience of Children ; no, my
Lords, the jułt execution of it upon their Predeceſſors though in breaches not
To capital, might have warned them to have ſtrangled their ill born reſoluti-
ons in the Cradle, before they now proclaim their infancie and petition for
their puniſhment. Witneſs Sir
Thomas Weyland his baniſhment, confiſcation
of)
f
1
1
1
:
568 An Impartial Collection of all the memorable Events
Novemb. of his Gonds and Lands only for his mercenary Juſtice contrary to his Oath,
1 641.
who was Chief Juſtice of the Common Pleas in the time of Edward the firſt.
Witneſs Sir William Thorp, Chief Juſtice of the K’ings Bench, in the time of
Edward the Third, who was adjudged to be hanged, becauſe he had broken
the Kings Oath made unto the People wherewith he was intruſted in the
Roll.
Now, my Lords, though Magna Charia be ſacred for antiquity, though its
confirmation be ſtrengthned by Oath, though it be the proper Dictionary that
expounds meum & tuum, and allignes a Subject his Birth-right; yet it only fur-
vives in the Rolls, but now miſerable rent and torn in the practice.
Theſe words Salvo contenemento, live in the Rolls, but they are dead in the
Caſtle Chamber.
Theſe words, Nullis liber homo ejicitur è libero filo tenemento, in prejudicium
parium, live in the Rolls, but they are dead where property and free-hold are
determined by paper-Petitions.
Theſe words, Nulli vendemus, nulli differemus Juſtitiam, live in the Rolls, but
they are dead when the Suites, Judgments, and Execution of the Subjects are
wittingly and illegally ſuſpended, retarded and avoided.
Shall we deſire to ſearch the mortal wounds inflicted upon the Statute Laws,
who ſees them not lying upon their death Bed ſtabd with Proclamations,their
primitive and genuine tenures eſcheated by Acts of State, and ſtrangled by
Monopolies.
Will you ſurvey the Liberties of the Subjects, every Priſon ſpues out illegal
Attachments and Commitments, every Pillory is dyed with the forced Blood of
the Subjects, and hath ears, though not to hear, yet to witneſs this complaint-
Do
you
doubt of the defacement of the amiable Offices of his Majeſties molt
tranſplendent and renowned Juſtice, and Grace? let then that Microcoſme of
Letters Patents confirmed under his Majeſties and his Predeceſſors broad Seal
of the Kingdom, being the publick faith thereof, and yet unchriſtened by fri-
volous and private opinions, riſe up in Judgment; let the abortive Judgment of
the tenure in Capite, where no tenure was expreſt, nay let the Heretical and
Traiterous opinions where the Tenure was expreſt, yet to draw in all by
Markets and Faires granted in the ſame Patents riſe up in Judgments. What
glaſs hath this unhappy divided Kingdom from his Majeſties preſence and au-
dience, to contemplate the fair and raviſhing form of his Royal intentions in,
but in the clear and diaphanous adminiſtration of his Juſtice? and what do theſe
Trayterous and Illegal practiſes aim at but in affront to his Majeſty (which we
moſt tenderly reſent) and diſcontent to his Subjects, to multiply as by a Ma-
gick Glaſs, the Royal diſpenſation of his Favors, into the ugly and deformed
Viſage of their Suppreſſion of the Liberties, Devaſtation of the Eſtates, and
the Deprivation of the Lives of his Loyal Subjects'? ſo that it may be ſaid;
*52011 -- Regali Capiti cervicem' conſul equinam,
Jungere ſic veller varidſque inducere plumas.
My Lords, theſe ought to be conſidered with as ſerious an Ear, as they were
practiſed by miſchievous Experiments.
Inquire of the Netherlands, why their Fields are grown Fertile, by the In-
undation of Blood, why the penſive Matrons folemnize too too frequent Fu-
nerals of their Husbands and Illue; and they will Anſwer you, it was for the
Preſervation of their Hercditary Laws, which Tyranny would have innova-
ted.
This Kingdom perſonated in the fáble Habit of a Widdow, with diſhelved
Hairs ſeems to Petition your Lordſhips, That ſince ſhe is a Mother to moſt of
us, yet certainly a Nurſe unto us all, that you' would make ſome other for Re-
dreſs of her Tyrannical Oppreſſion.
Theſe Perſons Impeached,, reſemble the opacous: Body of the Earth, inter-
poſed to Ecclipſe that Light and Vigor, which the ſolar Aſpect of Majeſty
would communicate unto his Subjects.
They Imitate the Filh Sepia, that vomits a Dark Liquor out of her Mouth,
to cloud the Waters for her ſecurer Eſcape.
They are thoſe whom to theKeys have been committed, yet they have barred
the Do orto them that Knoct.
They
iz
.
.
1
ht
1
from the Scotch Rebellion to the King's Murther, 569
1 641.
They are thoſe Unnatural Parents, that give their Children Stones, inſtead of Norem.
Bread, and Scorpions for Fin. Was it for this purpoſe that the Royal Au-
thority ſituated them in theſe Eminent Places that like Beacons upon high Hills,
they ſhould Diſcover and Proclaim cach Innovation and Stratagem againſt the
Publick Weal ; whileft they in the mean time imploy therein Fire to Pab-
lick Incendiary, or like Ignes fatui; ſeduce the calie and believing Traveller
into Pits, and unexpected Myres?
Were they ſworn to Seal their Damnation, and not their Confirmation of
our Liberty, Eſtates and Lives? Shall a man be cenſured for Perjury, in that
Breach of his private Faith, and thoſe be juſtifiable in Treaſon, aggravated by
Perjury againſt the Dignity of the Crowns, and Publick Faith of the King-
doms? No my Lords, the Grave, Judicious and Mature Examination, and de-
ſerved Puniſhment of theſe Traiterous Proceedings, will ſpeak theſe times as
glorious to Poſterity in their Information, as they are now Lamented in their
Perfecution.
The Blood-Thirſting Sword of an Hoſtile Enemy, by a timely Union, and
a defenſive Preparation may be prevented.
The thin-rib'd Carcaſs of an univerſal Famine, may have his Conſumption
reſtored by a ſupply from our Neighbouring Nations.
The quick. ſpreading Venom of Infectious Peſtilence may be prevented by
Antidotes, and qualified by Phyſical Remedies. But this Catholick Grievance,
like a Snake in the moſt verdant Walks, (for ſuch are the unblemiſhed Laws
truly practiſed) ſtings us to Death, when we are moſt fecure ; and like the
King's-Evil, can only be cured by his Majeſties free and gracious Permiſſion of
our Modeſt and Gentle Proceedings, for his Vindication and our Preſervation
therein concluded.
Spencer and Gaveſton who have left their Names monumentally Odious, for
the Evil Counſel they fed the King's Ear with, yet did poflibly Advantage
their own Friends, while theſe dart their Envy and Treaſon for a.common
Center, equally touching the Bounds of every Superficies : for as concerning the
valid Eſtates they have Illegally overthrown, when the Laws.by your Lord-
ſhips Induſtry, receive their Native Vigor, they will re-aſſume their Confirnia-
tion: but the Eſtates happily in themſelves Legal, that they have in an extra-
judicial Form eſtabliſhed, will laſte as ſpeedily to their Diſſolution, ſo that
Judas-like, they betray their beſt Friends with a kiſs.
My Lords, I cannot find any ſurviving Chronology of times, this Seaſon to be
paralelld with allCircumſtances, which makes me view the Records amongſt the
Infernal Spirits to find, if match't there, I might cxtenuate the r Facts: where
firſt they appear like the Falſe Spirit, fent into the mouth of the Prophet to
Ahab, to ſpeak Deluſions to ſubvert the Hoſt of God.
The moſt Vehement and Traiterous encounter of Sathan, is lively deciphe.
red in the true example of Job : where firſt, I obſerve the Diſmology, he over-
throws not Fob's Magna Charta, he diſleizes him not of his Inheritance, nor
diſpoſles him of his Leaſes; but only diſrobes him of ſome part of his Perſo-
nal Eſtate : when he proceeds to infringe Yob's Liberty, he doth not Pillory
him, nor cut off his Ears, nor bore him through the Tongue ; he only
Spots him
with ſome Ulcers; here Sathan ſtaies, when theſe Perſons by their Traiterous
Combinations, Envy the very Blood that runs unſpilt in our Veins; and by
obtruding bloody Acts, damn'd in the laſt Parliament, will give Sathan ſize ace,
and the Dice at Irifli, in inthralling the Lives of the Subjects, by their Arbi-
trary Judicature.
I would not, My Lords, be underſtood to impute to the Judges, an infal,
libility of Error: nor in Impeaching theſe, to traduce thoſe, whoſe Candor and
Integrity, ſhine with more admired Luſtregthen their white Furrs, who like Trophies
of Virgin-Juſtice, ſtood fixed and unmov'd in the rapid Torrent of the Times
,
while theſe like Straws and Chips plai’d in the Streams, until they are devol-
ved in the Ocean of their deſerved Ruine.
No, My Lords, humanım eft errare, and the Law allows Writs of Error, and
Arreſt of Judgment: but where there is craſſa ignorantia againſt their Oath, a-
gainſt the Fundamental, Elementary, and Known Laws of the Kingdom : Nay
My Lords where it is rather Premeditata Malitia, where there is an emulating
Vol. II:
Dddd
1
Policy...-
+
1
1
570 An Impartial Collection of all the memorable Events
1
1.
Novemb. Policy, who ſhould raze and embefel the Records in the Pratick, that are for
16 41.
the Tender preſervation of our Liberties, Eſtates and Lives, ſeeking only to be
glorious in a National Deſtruction, as if their Safety were only involved
in our Ruine, there I have command to Pitty, but not excuſe them.
To kill a Judg, Ouatenus a Judg, is not Treaſon, but to kill a Judg fitting
in the Place of Judicature, is Treaſon; not for that the Law intends it out of
any Malice againſt the Party, but for the Malice againſt the Law: where then
can an Intenſive, or an extenſive Malice be expreſt or implyed againſt the Law,
then the Practical Dialect of theſe Perſons impeach't, ſpeaks with a known and
crying Accent.
The Benjamites ſlang Stones with their left Hands, yet they would not miſs
a Hairs breadth; theſe extrajudicial Proceedings are ilung with the left, I mean
they are Siniſtrious, and imprint their black and blew Marks, more certain,
and inore fatal; for that they may ſay, Que regio in terris noſtri non plena labo-
ris? Though theſe things be familiar unto us, yet I cannot but admire how
this unproportionable Body of Judicature, ſhould ſwell up into ſuch a vaſt and
ulcerous Dimenſion; but why ſhould I, conſidering this excentrick Motion of
the Body of the Law, had his Birth obſcure, reſembling the Tares, that were
ſowed in the Night time? but here is the difference; they were ſown by the
Enemy in the abſence of the Maſter : But theſe are somn by the Grand-Maſters
themſelves, purpoſely to over-top and choak the expected Harveſt.
Innovations in Law, and conſequently in Government, creep in like Hereſies
in Religion, ſlyly and ſlowly, pleading in the end a Sawcy and ufurp't Legiti-
macy, by uncontrould Preſcription.
My Lords, this is the firſt ſitting, and I have only chalked out this de-
formed Body of High Treaſon: I have not drawn it at length, left it might
fright you from the further view thereof: in Concluſion, it is the humble de-
fire of the Commons, That the Parties Impeached, may be ſecured in their
Perſons, Sequeſtred from this Houſe, from the Counſel-Table, and all Places
of Judicature,as being Civiliter Mortui ; that they may put in their Anſwers to
the Articles, ready now to be exhibited againſt them : and that all ſuch further
Proceedings may be ſecretly expedited, as may be Suitable to Juſtice, and the
Precedents of Parliaments, ſo his Majeſty' may appear in his Triumphant
Goodneſs and Indulgency to his people : and his people may be Raviiht in
their dutiful and Cheerful Obedience and Loyalty to his Majeſty : your Lord-
ſhips may live in Records to Poſterity, as the inſtrumental Reformers of thoſe
corrupted Times, and that the Kingdom and Common-Wealth may pay an
amiable Sacrifice in Retribution, and acknowledgment of his Majeſtics multipli-
ed Providence for our Preſervation herein.
1
1
1
The Articles
of High Trea.
ſon againſt Sir
Richard Bole
ton, &c.
Articles of the Knights, Citizens and Burgeſſes in the Parliament Aſſembled, againſt
Sir Richard Bolton Knight, Lord Chancellor of Ireland, John Lord Billop of
Dery, and Sir Gerard Lowther Knight, Lord Chief Juſtice of his Majeſties
Court of Common-Pleas, and. Sir George Radcliffe Knight, in maintenance of
the Accufarion, mhereby they, and every of them, Stand Charged with High-
Treaſon.
Irſt, That they the ſaid Sir Richard Bolton Knight, Lord Chancellor of Ire-
land, John Lord Biſhop of Derry, Sir Gerard Loweher Knight, Lord Chief
Juſtice of his Majeſties Court of Common-Pleas, and Sir George Radcliffe
Knight, intending the Deſtruction of the Common-Wealth of this Realm, have
Traiterouſly Confederated and Conſpired together, to Subvert the Fundamen-
tal Laws and Government of this Kingdom, and in Purſance thereof, they
and overy of them, have Traiterouſly Contrived, Introduced, and Exerciſed
an Arbitrary and Tyrannical Government againſt Law, thorowout this King-
dom, by the Countenance and Alliſtance of Thomas Earl of Strafford, then
Chief Governor of this Kingdom.
II.
That'they and every of them, the ſaid Sir Richard Bolton Knight, Lord
Charicellor
L
+
ar-
..
2
+
from the Scotch Rebellion to the King's Murtber. 571
1 641.
.
Chancellor of Ireland, John Lord Biſhop of Derry, Sir Gerard Lomoher Knight, 1 Novemb.
Lord Chief Juſtice of the Common-Pleas, and Sir George Redcliffe Knight, have
Traiteroully aſſuined to themſelves, and every one of them, regal Power over
the Goods, Perſons, Lands and Liberties of his Majeſties Subjects in this Realm ;
and likewiſe have Maliciouſly, Perfidiouſly and Traiterouſly Giveri, Declared,
Pronounced and Publiſhed, many Falſe, Unjuſt and Erroneous Opinions, Judg-
ments, Sentences and Decrees, in Extrajudicial manner againſt Law, and have
Perpetrated, Practiſed and Done, many other Traiterous and unlawful Afts and
Things, whereby as well divers Muriniesą Seditions and Rebellions have been raiſed,
as alſo many Thouſands of his Majeſties Liege People of this Kingdom, have been
Ruined in their Goods, Lands, Liberties and Lives, and many of then bring of good
Quality and Reputation, have been utterly defamed by Pillory, Mutilation of Mem-
bers, and other infamous Puniflıments : By means whereof his Majeſty and the
Kingdom, have been deprived of their Service in Juries, and other Publick
Iinployments, and the general Trade and Traffick of this iſland, for the moſt
part deſtroyed, and his Majeſty highly Dainnified, in his Guſtoms and other
Revenues.
III.
That they the ſaid Sir Richard Bolton, John Lord Biſhop of Derry, Sir Gerard
Lowther Knight, and Sir George Radclife, and every of them, the better to
preſerve themſelves, and the ſaid Earl of Strafford, in theſe and other Traite-
rous Courſes, have laboured to Subvert the Rights of Parliament, and the an-
cient Courſe of Parliamentary Proceedings: all which Offences were contri-
ved, Committed, Perpetrated, and done at ſuch time, as the ſaid Sir Rim
chard Bolton, Sir Gerard Lowther and Sir George Radcliffe Knights, were privy
Counſellors of State within this Kingdom, and againſt their and every of their
Oaths of the fame, at ſuch times as the ſaid Sir R. Bolton Knight, was Lord
Chancellor of Ireland, Chief Baron of his Majeſties Court of Exchequer, with-
in this Kingdom, and Sir Gerard Lowther Knight, was Lord Chief Juſtice of
the ſaid Court of Common-Pleas, and againlt their Oaths of the ſame, and at
ſuch time as the ſaid John Lord Biſhop of Derry, was actual Biſhop of Derry,
within this Kingdom, and were done and ſpeciated contrary to their, and eve-
ry of their Allegiance, ſeveral and reſpective Oaths taken in that behalf.
I V.
For which the ſaid Knights, Citizens and Burgeſſes, do Impeach the ſaid Sir
Richard Bolton, Lord Chancellor of Ireland, John Lord Biſhop of Derry, Sir
Gerard Lowther Knight, Lord Chief Juſtice of his Majeſties ſaid Court of Com-
mon-Pleas, and Sir George Radcliffe Knight aforeſaid, and every of them' of
High-Treaſon, againſt our Soveraign Lord the King, his Crown and Dig-
nity.
The faid Knights, Citizens and Burgeſſes, by Proteſtation, ſaving to them-
ſelves, the Liberty of exhibiting at any time hereafter, any Accuſation or Im-
peachment againſt the ſaid Sir Richard Bolton, John Lord Biſhop of Derry, Sir
Gerard Lowther, and Sir George Radcliffe aforeſaid, and every of them, and al-
ſo of replying to them, and every of their Anſwers, which they and every
of them, ſhall make to the faid Articles, or any of them, and of offering Proof
alſo of the Premiſſes, or of any other Impeachment, or Accuſation, as ſhall be
by them Exhibited; as the Caſe ſhall according to the Courſe of Parliament
require.
And the ſaid Knights, Citizens and Burgelles do pray, that the ſaid Sir
Richard Bolton Knight, Lord Chancellor of Ireland, John Lord Biſhop of Der-
ry, Sir Gerard Lowther Knight, Lord Chief Juſtice of his Majeſties ſaid Court
of Common-Pleas, and Sir George Radcliffe Knight, and every of them, be put
to Anſwer to all and every of the Premiſes, and that all ſuch Proceedings, Ex-
aminations, Tryal and Judgment, may be upon them and every of them, had
and uſed, as is agreeable to Law and juſtice.
Copia vera.
Signed,
1
PHILIP PHER NESLY,
Cler. Parliamenti.
Dddd 2
Thus
: Vol. II.
*
1
572 An Impartial Colle&tion of all the memorable Events
Novemb. Thus did theſe Popular Reforming Proteſtants, help to unhinge the
1641. Government, and not only helped forward the Deſigns of the Iriſh, if
Sir Fobu Temple's obſervation before mentioned be true, of their
endeavours to puſh out the preſent Miniſters, and to get into their pla-
ces, but they gave great Countenance, eſpecially to the Vulgar, and
colourable pretences to the Enſuing Rebellion; when even the Prote-
ſtants of the Parliament of Ireland, as well as the Parliament of England,
by their ſevere Procedure againſt the Earl of Strafford, for miſgovern-
ment and Oppreſſions done in Ireland, by impeaching of theſe Per-
ſons, and by their repeated loud Complaints of Grievances, Wrongs
and Injuſtice, publickly defamed his Majeſtics Government, and pro-
claimed to the whole World, That thoſe Miſeries, which the Iriſh ſuf-
fered, under thoſe their Governors, and for the Redreſs of whicli, they
pretended to take up Arms, were ſo great, real and intolerable, that both
the Parliaments of England and Ireland, were ſo deeply ſenſible of them,
as to acknowledg, and thus bitterly inveigh againſt them.
T
+
Nor were the active men of the Commons Houſe there leſs buſie, but
the Lawyers, Darcy, Martin, Plunket, Cuſack, Brown, Linch, Bodkin,
Evers and others, took upon them with much confidence to declare the
Law, and to frame ſeveral Queries, which being propoſed to the Judges,
and their Modeſt Anſwers not being ſatisfactory, they gave out Reſolu-
tions of their own upon them, ſuch as might ſerve their Intereſt and De-
ſigns, rather then comport with the Honor, Duty, and Allegiance which
they owed to their Soveraign. The Queries, together with the Judges
Anſwers to them, as alſo their own Reſolutions, which were tranſmitted
hither, I find in the Paper-Office as followeth.
Queſtions wherein the Houſe of Commons humbly de pres that the Houſe of
the Lords would be pleaſed to require the Fidges to deliver their
Reſolutions.
{
Queries pro-
pounded by
the Parlianient
of Ireland, to
the Judges of
that Kingdom.
IN
<
6
C.
Ć
N as much as the Subjects of this Kingdom are Free, Loyal,and Du-
tiful Subjects to his moft Excellent Majeſty, their Natural Liege-
Lord and King, and to be governed only by the Common Lawes of
England, and Statutes of Force in this Kingdom, in the fame manner
and form as his Majeſties Subjects of the Kingdom of England are,
and ought to be Governed by the ſaid Common-Laws, and Statutes of
Force in that Kingdom, which of Right the Subjects of this King-
. dom do Challenge and make their Proteſtation, to be their Birth-righit
and beſt Inheritance; Yet in as much as the unlawful Actions and Pro-
ceedings of ſome of his Majeſties Officers, and Miniſters of Juſtice
of late years introduced and practiſed in this Kingdom, did tend to
the infringing and violation of the Laws, Liberties, and Freedom of
'the ſaid Subjects of this Kingdom, contrary to his Majeſties Royal and
“Pious Intentions ; Therefore the Knights, Citizens, and Burgeſſes in
· Parliament Aſſembled, (not for any Doubt, or Ambiguity, which
may
be conceived or thouglit of, for or concerning the Premiſſes, nor
of the enſuing Queſtions, But for the manifeſtation and declaration of
the Clear Truth, and of the ſaid Laws and Statutes already planted,
and for many Ages paft ſettled in this Kingdom, the ſaid Knights, Ci-
tizens, and Burgeſſes, do therefore pray, That the Houſe of the Lords
may be pleaſed to Command the Judges of this Kingdom forthwith to
declarel
C
G
<
1
<
.
from the Scotch Rebellion to the King's Murtber. 573
' declare in Writing their Reſolutions of and unto the enſuing Queſtions, Nozem.
and ſubſcribe to the ſame.
16.41.
Queſt. 1.
Hether the Subjects of this Kingdom be a Free People,
and to be Governed only by the Common Laws of England,
and Statutes of Force in this Kingdom ?
W
r
1
2. Whether the fudges of this Land. do take the Oath of Judges :
And if so, whether under pretext of any Act of State, Proclamation, Writ,
Letter or Direction, under the Great, or Privy Seal, or Privy Signet, or
Letter, or other Commandment from the Lord Lieutenant, Lord Deputy,
Justice, Juſtices, or other Governor,or Governors of this Kingdom,they may
hinder, ſtay or delay the Suit of any Subject, or his Judgment, or Exe-
cution thereupon. If ſo, in what cafes. And whether if they do binder,
Stay, or delay ſuch Suit, fudgment or Execution thereupon, what Puniſh
ment did they incur for their deviation, or tranſgreſſion therein :
3.
4.
Whether the Kings Majeſties Privy Council either with the
Chief Governor or Governors of this Kingdom, or without him or them, be
a. Place of Judicature by the Common Laws, and wherein Cauſes between
Party and Party, for Debts, Treſpaſſes, Accompts, Poßeſſions, or Title of
Lands, or any of them; And which of them way be heard, and determined,
and of what Civil Cauſes they have Juriſdiétion, and by what Low; And
of what Force is their Order, or Decree in fich Cales, or any of them ?
The Like of the Chief Governor alone. :
5. Whether Grants of Monopolies be warranted by the Law, and
of what, and in what Caſes, and how and where, and by whom are the
pretended Tranſgreſors againſt ſuch Grants puniſhable ; and whether by
Fine, Mutilation of Members, Impriſonment, Loß, and Forfeiture of
Goods, or otherwiſe, and which of them ?
6. In what Caſes the Lord Lieutenant, Lord Deputy, or other
Chief Governor, or Governors of this Kingdorn and Council, may puniſh
by Fine, Impriſonment, Mutilation of Members, Pillory,or otherwiſe ; And
whether they may Sentence any to ſuch the ſame, or the like puniſhment, for
infringing the Commands of or concerning any Proclamation of and concern-
ing Monopolies, and what puniſhment do they incur that Vote for them :
7. Of what Force is an A&t of State , or Proclamation in this
Kingdom to bind the Liberties, Goods, Poſſeſſions, or Inheritance of the
Natives thereof; whether, or any of them can alter the Common Law, or
the Infringers of
. them looſe their Goods, Chattels or Leaſes, or forfeit. the
ſame by Infringing any ſuch A&t of State, or Proclamation, or both; And
what puniſhment do the ſworn Judges of the Law that are Privy Courcela
lors.incur, that Vote for ſuch Ait, and Execution thereof?
§. Are the Subjects of this Kingdom ſubject to the Martial Law.;
And whether any man in time of Peace, no Enemy being in the Field
with Banners diſplayed, can be sentenced to death > If so, by whom, and
in what Caſes : If not, What Puniſhments do they incur, that in time of
Peace execute Martial Law
9. Whether
.
!
9.
574 An Impartial Colle&tion of all the memorable Events
Novemb. Whether Voluntary Oaths taken freely before Arbitrators for
1641. Afirmance, or Diſafirmance of any thing, or for the true performance of
any thing, be puniſhable in the Caſtle-Chamber, or any other court; and
why, and wherefore :
10. Why, and by what Law, or by what Rule of Policy is it, that
none is admitted to Reducement of Fines or other Penalties, in the
Caffle-Chamber, or Council Table, untill be confeß the Offence for which he
is Cenſured, when as Revera he might be innocent thereof, tho ſuborned
Proofs, or Circumſtances might induce the Cenſure ?
11. Whether the Judges of the Kings-Bench, or any other Judge
of Gaol-Delivery, or of any other Court, and by what Law, do, or can
deny copies of Indictment of Felony, or Treaſon, to the Parties accuſed,
contrary to Law:
1
.
12. What Power have the Barons of the Court of Exchequer, to
raiſe the Reſpite of Homage arbitrarily to what Rate they pleaſe, to what
Value they may raiſe it, by what Law they may diſtinguiſh between the
Reſpit of Homage upon the diverſity of the true value of the Fees; when
as Eſcuage is the ſame for great and ſmall Fees, and are apportionable by
Parliament
13. Whether it be Cenfurable in the subjects of this Kingdom to
repair into England to appeal to his Majeſty for Redreſs of Injuries,or
other Lawful Occaſions ? If ſo, why, and in what Condition of Perſons,
and by what Law:
;
1
1
14. Whether Deans , or other Dignitaries of Cathedral Churches
bè properly, and de Mero jure Donative, by the King, and not Elective, or
Collative? If ſo, Why, and by. what Law. And whether the Confirmation
of a Dean de Facto of the Biſhops Grant be good, or valid in Law, or no :
If not, by what Law.
15. Whether the ißuing of Quo Warranto's out of the Kings-
Bench, or Exchequer, againſt Boroughs, that antiently, and recently Jent
Burgefles to the Parliament, to fižew Cauſe why they ſent Burgeſſes to the
Farliament, bė Legal : If not, what puniſhment ought to be inflicted upon
thoſe that are or have been the Occaſioners, Procurers, and Judges, of and
in ſuch Quo Warranto's :
16. By what Law are Jurors, that give Verdiet according to their
Conſcience, and are the ſole Judges of the Falt, Cenſured in the Caſtle
Chamber, in great Fines, and ſometime Pillored, with loſs of Ears, and
bored through the Tongue, and marked
ſometimes in the Forehead, with an
Hot Iron ; and other like Infamous Puniſhments :
17. By what Law are men Cenſurable in the Caſtle-Chamber, with the
Mutilation of Members, or any other Brand of Infamy; and in what Caſes,
and what puniſhment in each caſe there is due, without Respect to the
qua-
lity of the Perſon or Perſons a
18. Whether in the Cenſure in the Caſtle-Chamber, Regard be to
be
r
La
+
2
Precedent in any Age can be ſhewn, that any Judges, before them,
from the Scotch Rebellion to the Kingis Mürther.
575
be had to the words of the Great Charter, (viz.) Salvo Contenemento Novem.
E c.
1 641.
19. Whether if one that ſteals a Sheep, or commits any other Fe-
lony, and after flyeth the Courſe of Juſtice, or lyeth in Woods or Moun-
tains upon his keeping, be a Traytor? If not, whether a Proclamation can
make him fo:
20. Whether the Teſtimony är Evidence of Rebels, Traytors, Pro-
tected Thieves, or other infamous Perſons, be good Evidence in Løw to be
preſſed upon the Tryals of Men for their Lives; or whether the fudge or
Jurors ought to be Fudge of the matter in Fact.
21. By what Law are Fairs and Markets to be held in Capite,
when 120 other expreſs Tenure is mentioned in his Majeſties Letters Pas
tents, or Grants of the ſame Fairs and Markets, Altho the Rent or Tearly
Sum be reſerved thereout ?
22. Whether it ſtands with the Integrity of the Judge to take Four
ſhillings per pound out of all Increaſes unto his Majesty upon Compoſitions
defective Titles, by avoiding ſuch Patents as the fame Judge condemns in
an Extrajudicial way?
Copia Vera,
This laſt Queſtion is added
by Order of the Lords
Ex.
per
Phill, Percivall.
Houſe.
The Anſwer, and Declaration of the Fudges unto the Queſtions Trans-
mitted from the Honourable Houſe of Commons, unto the Lords
Spiritual and Temporal in Parliament' Allembled; whereto they de-
fired their Lordſhips to require the ſaid Judges Anſwers in Writing
forthwith.
Irſt, The ſaid Judges do in all Humbleneſs deſire to repreſent The judges
unto your Lordſhips, the great ſenſe of Grief they apprehend Anſwer to thë
out of their Fear, that they are fallen from that good Opinion which Luerieca pro
they deſire to retain with your Lordſhips, and the faid Houſe of Com- the Parlia:
mons, in that, notwithſtanding their humble Petition, and Realons medt.
to the contrary exhibited in Writing, and declared in this moſt Ho
nourable Houſe, your Lordſhips have Over-ruled, and often Com-
manded their Anſwers unto the ſaid Queſtions : Although they have
informed your Lordſhips, and ſtills with aſſurance do aver, That no
were Required, or Commanded to give Anſwer in Writing, or other-
wiſe, unto fuch general, or ſo many Queſtions in ſuch a manner in
Parliament or elſewhere, unleſs in that time of King Rich. 2. which
they humbly conceive is not to be drawn into Example: And there-
fore they yet humbly Supplicate your Lordſhips ſo far to tender their
Profeſſions, and Places, and their Relation to his Majeſties Service, as
' to take into your ſerious Conſiderations the Reaſons annex'd unto this
tlieir Anſwers, before their Anſwers be anſwered; or admitted among
the
1.
F.
(
c
<
<
C
6
1
576 An Impartial Collection of all the memorable Events
Novemb.
I 641.
C
2.
C.
C
<
C
5
<
6
the Acts of this High Court : And that if your Lordſhips in your
Wiſdomes ſhall after think fit to give any Copies of their Anſwers,
' that for their Juſtification to the Preſent and Succeeding Times, your
Lordſhips will be pleaſed to require the Clerk of this moft Honoura-
'ble Houſe, That no Copy may be given of the ſaid Anſwers, without
the faid Reaſons.
Secondly, The ſaid Judges humbly deſire your Lordſhips to be
pleaſed to be informed, That the words in His Majeſties Writ, by
which they are commanded to attend in Parliament, are, that the
Said Judges ſhall be preſent, with the Lord Juſtices, or other Chief Go-
vernor : And your Lordſhips at the ſaid Parliament called, Pro ardais
,
Gurgentibus Regni negotiis ſuper di&tis negotiis tractaturi & Conſilium
Juum impenſuri. And they deſire your Lordſhips to take into your
' ſerious Conſiderations ; Whether any Advice may be required by
your Lordſhips from them, but concerning ſuch particular matters as
are in Treaty, and Agitation, and Judicially depending before your
Lordſhips, upon which your Lordſhips may give a Judgment, Order or
Sentence to be recorded among the Orders and Acts of this Honour-
able Houſe ? And whether they may be Commanded by your Lorda
ſhips to Subſcribe their Hands unto any Opinion or Advic: they ſhall
give, upon any matter in Debate before your Lordſhips there. And
whether your Lordſhips conceive any final Reſolution upon the mat-
ters contained in the ſaid Queſtions.
3. "Thirdly, Although the faid Queſtions are but 22 in number,
yet they ſay, That they contain at leaſt Fifty general Queſtions, many
of them of ſeveral matters, and of ſeveral natures; within the Reſolu-
tion of which moſt of the greateſt Affairs of this Kingdom, both for
Church and Common-wealth, for late years may be included. And
therefore the ſaid Judges do openly aforehand profeſs, That if any par-
ticular that may have Relation to any of thoſe Queſtions, llall here-
after come Judicially before them; and that cither upon Argument
or Debate (which is the Sieve or Fan of Truth) or Diſcovery of any
general Inconveniences to King or Common-wealth in Time (which
iş the Mother of Truth) or by further Search, or Information in any
particular they ſhall fee Cauſe, or receive Satisfaction for it, they will
not be Concluded by any Anſwers they now give unto any of thoſe
general Queſtions ; but they will upon terter Ground, and Reaſon
with their Predeceſſors the Judges in all Ages, with Holy Fathers,
Councils and Parliaments, retract and alter their Opinion according
to their Conſcience, and Knowledge, and the Matter, and Circum-
' ſtances of the Cauſe, as it ſhall appear in Judgment Lefore them;
it being moſt certain, That no general Caſe may be fo put, but a Cir-
cuinſtance in the matter or manner may alter a Reſolution concer-
tiing the ſame.
4. 'Fourthly, The ſucceeding Judges, and Age, notwithſtanding any
* Anſwer given by the now Judges, may be of another Opinion then
the now Judges are, without diſparagement to themſelves, or the now
Judges, in regard that many particular Circumſtances in many parti-
cular Caſes may fall out, that may alter the Reaſon of the Law in ſuch
Caſe, which could not be included or foreſeen in a general Queſtion,
or Anſwer thereunto: And therefore they deſire your Lordihips to
conſider
į
C
C
r
3
<
1
6
)
.
L
1
.
TH
1.
0
from the Scotch Rebellion to the King's Murtber.
conſider of what uſe ſuch Anſwers imay be to uhe preſent or future
571
Times.
Novem.
1 641.
C
1
-C
1
i
6
+
5. “Fifthlý, Many of the ſaid Quſtions, as they are propounded (as
the ſaid Judges huinbly conceive ) do conceun His Majeſty in a high
Degree in his Regal and Prerogative Power, in this Government in
his Revenue, in the Juriſdictions of his Courts, in:his martial Affairs,
and in Miniſters of State; ſo that the ſaid Judges, conſidering their
Oaths, and the Duty, which by their Places they owe unto His. Ma-
jeſty, humbly, may not with ſafety give Anſwer thereunto, without
ſpecial direction from His Majeſty: And therefore they ſtill humbly
pray your Lordſhips, as formerly they did, not to preſs any Anſwers
from them, untill His Majeſties :Princely pleaſure therein te figni-
fied.
6. Sixthly, If the matters of thoſe Queſtions which aim at ſome
abuſes of former Times, were reduced into Bills, they conceive, it were
the ſpeedy way to have ſuch a Reformation, which might bind the
preſent Times and Poſterity : And.in ſuch proceedings they ought,
and would moſt chcarfully contribute their Opinions, and heſt-endea-
vouis ; but in ſuch a courſe as they apprehend it, which points at pu-
niſhment, they have Reaſon to be ſparing in giving any Opinion lur-
ther then the Duty of their Places doth Command from them.
7. “Seventhly, Although it may be conceived tliat the Anſwering of
ſuch, and ſo many general Queſtions by the now Judges,, may.çen-
tribute ſome help to the Reformation now ſo much defired; yet no
"Man knoweth, but this new Precedent in propounding ſuch Queſtions
to Judge, in ſucceeding Times ( as the Judges, and: frame and Conſti-
tution of the Common-wealth may be ) may fill out to be moſt pre-
judicial to the State ori Common-wealth.
8. Eiglitlily, Moſt of the matters of ſeveral of the ſaid Queſtions
are already by your Lordiliips, and the faid Houſe of Commons vo-
6.ted, and repreſented unto His Majeſty for Grievances, and therefore
no Opinions of the ſaid Judges, under favour, are needful, or to be re-
quired'thereunto, unleſs the ſame ſhall come in further Agitation, and
diſcuſſion in this Honourable Houſe.
9. . Laſtly, The Judges Opinions are not uſually calld upon in Par :
liamerit, but when upon: Debate, great and difficult
. Points in Law do
ariſc; where this moſt Honourable, doth think fit to Command their
Opinions ;: but no Reſolutions do belong unto the ſaid: Judges in r-
liainent, but unto your Lordſhips ;:yet in the front and Preamble of
the-faid Queſtions, the Reſolution of the - laid Queſtions by the
Judges.is: forthwith deſired to be required by your Lordſhips in
Writing : Although the firſt Queſtion (Viz.) Whether the Sub-
jects of this. Kingdom, &c. be poſitively reſolved by the Preamble to
the ſaid Queſtions, in which it is likewiſe declared, That the ſaid
Judges Anſwers thereunto are not deſired For any Doubt, or Ambiguity,
which may be conceived or thought of, for: or concerning the Premiſſes
,
nor of the ſaid Queſtions ; but for. Manifeſtation and Declaration of a
cleaf Truth , and of the Laws and Statutes already, planted and ſetled
in this Kingdom: And they conceive it is impoſtīble to make any
Manifeſtation or Declaration of Law or Statutes, which may hold, or
Vol. II.
Ееее
be
+
:
C.
1
6
6
:
1
c
C
C
Ć
<
here, the Crown was Intitled to ſuch Lands, Goods, and Chattels, and
576 An Impartial Colle&tion of all the memorable Events
Novem. 'be uſeful upon ſuch general Queſtions, as moſt of theſe are, namely,
1 641.
by what Laws, in what Caſes, of what Power, of what Force, How,
Where, and Why, by Whom, Wherefore, what puniſhment, by what
Rule of Policy, in what Condition of Perſons : In regard that the
next ſucceeding Judges may be of another Opinion; and that a Cir-
cumſtance may alter the Reaſon of the Law in many particular Caſes,
which the Wit of Man is not able to foreſee, or give a general Rule
'in : And they ſay, That to give any ſatisfaction to your Lordſhips,
or the Honourable Houſe of Commons, would make up a great Vo-
lume, and require far more time, then your Lordſhips have afforded
unto the ſaid Judges ; conſidering their great Toyl in the Circuits
'the laſt long Vacation, their other Employments in the Common-
wealth at their daily Attendance on your Lordſhips in Parliaments,
and in ordering Courts of Juſtice ; and yet left they may ſeem to
come any way ſhort in performance of that Duty, which they confeſs
to be due unto your Lordſhips, or be wanting in promoting and ad-
vancing the Gond of the Common-wealth, which they believe to be
aimed at by the faid Queſtions, though it may ſeem to draw Da-
mage or Prejudice upon their Particulars, They do in all humbleneſs
preſent unto your Lordſhips the enſuing Anſwers unto the faid Que-
ſtions, which is as much as by their Oaths, of in their Duty they
owe unto His Sacred Majeſty ( before his Princely pleaſure be therein
ſignified) they can anſwer thereunto.
O the Firſt they Anſiver, ' That the Subjects of this Kingdom are
a Free People, and are for the general to be Govern d only by
the Common Laws of England, and Statutes of Force in this Kingdom:
yet they ſay, That as in England many Statutes are grown obſolete,
and out of uſe; and ſome particular Ancient Laws, as well. in Crimi-
nal as Civil Cauſes, have been changed by Interpretation of the Jud-
ges there, as they found it moſt agreeable for the general Good of
the Cominon-wealth, and as the Times did require it, ſo our Prede-
ceſſors the Judges of this Kingdom, as the Neceſſity of the Timnes did
move them, did declare the Law in ſome particular Caſes, otherwiſe
then the faine is practiſed in England; which the now Judges can-
not alter, without apparent diminution of a great part of His Maje-
ſties ſtanding Revenue, and opening a Gap for the ſhaking, and que-
ſtioning the Eſtates of many of His Majeſties Subjects, and the .over-
throwing of ſeveral Judgments, Orders and Decrees, which depend
thereupon : For Example, If it be found by Office of Record fusficient
..for Forin, That a Man was killed in actual Rebellion, and at the time
of his Death, he was ſeiſed of Lands, Hereditaments, Goods, or Chat-
tels, by the conſtant Declaration of Law and Practiſe in former times
T
C
C
C
C
6.
C
many Mens Eſtates depend thereupon; and yet the Law is not ſo
taken in England. So, If one or more commit Felony, and then ſtand
out upon his, or theii- keeping, and he or they will not ſubmit thein-
ſelves to be tryed by the Law, but being in that Caſe, do rob, or ſpoil,
and terrifie His Majeſties People, whereby the Country is diſquieted;
This by the conſtant Opinion of our Predeceſſors in this Kingdom,
hath been adjudged a Levying of War within the Statute of 25 E. 3.
and ſo conſequently Treaſon. · Alſo by the common received Opini-
on, and Practice of this Kingdom, the Wife is to have a Third of all
thei
1
1
C
yet the
Í 641.
+
C
from tbe Scotch Rebellion to the King's Murther.
577
the Goods and Chattels, and Credits of her Husband, the Debts being | Novemb.
paid, although he diſpoſe of all by his Will from her : And
conſtant Practiſe is otherwiſe in England: And other Inſtances of thàt
kind might be made ; fo that that word [ Only ) muſt receive a be-
nign Expoſition, before the firſt Queſtion can receive a general An-
'ſwer in the Affirmative. Secondly, Many Cauſes of great Weight,
and Conſequence in this Kingdom are to be Decreed and Ordered by
Equity in the proper Courts of Equity; and in Courſe of State at tlie
Council Board, and by particular Cuſtomes noc contrary to Law, for
which the Common Law, and Statutes of Force in this Kingdom gave
no Remedy. Thirdly, There are ſeveral other Laws of Force in Eng-
land, and Ireland, ſo far as they have been received, which though
ſome would have to be part of the Common Law of England, yer
we find them particularly diſtinguiſhed from it in our Printed Books,
and Parliament Rolls in England ; As, Lex & Conſuetudo Parlia-
menti, jura Belli, Eccleſiaſtical or Canon Law in certain Caſes, Civil
Law in ſome caſes, not only in Eccleſiaſtical Courts, but in the
Courts of Conſtable and Marſhal, and of the Admiralty, and uponi
particular occaſions in other Courts, Lex Mercatoria, &c.
!
C
C
6
<
C
1
<
2. To the Second they ſay, That the Judges of this Kingdom do
' take the Oath of Judges; which Oath is ſpecified amongſt the Statutes
in 18 E. 3. And is alterwards explained by the Stát. of 20 E. 3. And
that they may not ſtay, hinder or delay, the Suit of any Subject or his
Judgment, or Execution thereupon (otherwiſe than according to the
Law and Courſe of the Court, when they Sit, under pretence of any
Act of State, Proclamation, Writ, Letter or Direction, under the
Great or Privy Seal, or Privy Signet, or Letter or other Command-
ment, Lord Lieutenant, Lord Deputy, Juſtice, Juſtices, or other
Chief Governors of this Kingdom; moſt of which doth appear
by their Oath expreſſed in the Statutes, and the Statute of 20 E.3.C. 8.
And the Statute of 20 E. 3. C. 2. as to the Barons of the Exchequer ;
And that as they know no Puniſhments due to Judges for their Devia-
tions and Tranſgreſſions without other Aggravation, ſo they know no
puniſhment laid down by any Law againſt them for their Deviations
and Tranſgreſſions in hindering, ſtaying,or delaying of Juſtice contrary
to their faid Oath, and the Statute of 20 E. 3.
G
C
c
C
3. To the Third they ſay, That it is part of their faid Oath as
Judges, that they ſhall not Counſel or aſſent to any thing that may
turn to the damage or diſheriſon of our Soveraign Lord the Kings moſt
Excellent Majeſty, by any manner of way, or colour; And that they
give no Advice or Counſel to any man great or ſmall,in no Caſe,where-
in the King is a Party ; And that they ſhall do, and procure the Profit
of the King, and his Crown in all Things, where they may reaſonably
do the ſame; And that in the Explanation of their ſaid Oaths by the
Statute of 20 E. 3. C. 1. It is declared, That they ſhall give no Counſel to
great Men, nor ſmall
, in caſe where the King is Party, or which doth, or
may touch the King in any point. And as your Lordſhips have been ho-
nourably pleaſed by an Order of this Honourable Houſe bearing date
the firſt of March, Anno Domini, 1640. Annoque Regni Regis Caroli
* 16. to give way, That they ſhould not be compelled to Anſwer any
part of the ſaid Queſtions, which did concern his Majeſties Preroga-
Vol. II.
Eee ez
tive,
C
C
C
-144
C
C
I 641.
C
<
6
C
6
C
C
Trade, or Profeſion into the Commonwealth ; in ſuch Caſes his Ma-
578 An Impartial Collection of all the memorable Events
Novemb. tiye, or were againſt their Oaths ; ſo they humbly repreſent unto
your Lordſhips, That they conceive, that the Anſwering of the Par-
ticulars of this Queſtion doth concern both; for that the King's Pri-
vy Council, as the Queſtions terms it, or Council Board, is a Court
of his Majeſties high Prerogative, where all Proceedings are before
him and his Council, or before his Governor (who immediately to
many Purpoſes, repreſent his Majeſties Perſon,) and the Council ;
And where the great Affairs of State concerning his Majeſties Ho-
nor, Government, Profit, and of great Perſons and Cauſes, concern-
ing the Common-Wealth, which may not be conveniently remedied,
by the ordinary Rules of the Common-Law, and many other Caſes
have been Treated of, and managed; And as his Majeſty is the Foun-
tain of all Juſtice within this Kingdom, and may grant Cognizances
of Pleas unto his Subjects, and Corporations, and may by his Com-
miſſions, Authorize whom he ſhall think fit, to Execute many Bran-
ches of his Authority; ſo We humbly conceive, That it doth not
ſtand, with our Oathes or Duties of our Places ( who are but Judges
of the ordinary Courts of Juſtice ) before his Majeſties Pleaſure ſignifi-
ed in that behalf, to ſeek into the Commiſſions, or Inſtructions of
the Chief Governor, and Council, or to give any Opinion concern-
ing the Limits, Juriſdictions, Orders, Decrees; Proceedings, or Mem-
bers of that High Court; And that the King, hath a Prerogative for
hearing ſome of the-Matters in this Queſtion, ſpecified before his
· Chief Governor. We beſeech your Lordſhips, to caſt your Eyes on
the Statute of 28 H.6.c. 2. in this Kingdom; whicre after Matters are
directed, to be ſent to the Ordinary Courts, yet the King's Prerogative
is expreſly ſaved ;-notwithſtanding all which, lis Gracious Majeſty,
for whom it is moſt proper, hath of late béen pleaſed to Limit the Pro-
.ceedings of that Board, by his Inſtructions in Print.
14. To the fourth, they Anſwer as to the Third.
5 To the fifth they ſay, :That generally all Grants of Monopolies,
whereby. 'Trading, Manufacture, or Commerce is reſtrained, and the
Profit which ſhould
go to many, is hïndred and brought into a few
Hands, are againſt Law, and the Liberty of the Subject, and the Good
of the Commonwealth, tho they carry never fo fair a pretence of Re-
forming Abuſes ; And that the pretended Tranſgreſſors againſt ſuch
· Grants are not at all puniſhable by any Rule of Law that they know
of: And yet they ſay, That they conceive, That his Majeſty, that
is the Head and Father of the Commonwealth, may reſtrain the Uſe,
and Importation, and Exportation of certain Commodities, or reſtrain
the ſame into a few Hands for a time, where there may be a likelyhood
of his Majeſties Profit, (which is the profit of the Commonwealth and
no apparent prejudice to the Commonwealth doth appear; And that
· when time ſhall diſcover ſucli Prejudice, then ſuch Reſtraint ought to
· Ceaſe. So if a man by his own Invention at home, or Travel, Obfer-
vation, or Charge abroad, doth introduce a new profitable or uſeful
jeſty may lawfully Grant, and Licenſe the only making of ſuch Com-
modity, or teaching
or uſing of ſuch Trade for a certain time, and the
Tranſgreſſors againſt ſuch Warrantable Grants may be puniſhed, by
paying of Damages unto the Patentee,in an ordinary Courſe of Juſtice,
C
C
6.5.
<
6
or
1
ܐ
1
1
t
1
1
1 641.
6
from the Scotch Rebellion to the King's Mürther. 579
or otherwiſe as the nature of the Offence and Matter doth deſerve,and | Novemb.
as the Conſequence, and Importance of the matter may be to the King,
· State or Commonwealth: And they ſay, That the Matter, Manner, Re-
ſtrictions, Limitations, Reſervations, and other Clauſes contained in
' ſuch Grants or Licenſes, and the Commiſſions, or Proclamations there-
upon, and undue Execution thereof, and ſeveral Circumſtances, may
make the fame Lawful or Unlawful, whereof they are not able to give
any Certain Reſolution (before ſome Particular comes in Judgment be-
fore them), neither are they otherwiſe able to anſwer the Generals in
the Particulars of the ſaid Queſtion, of what, in what Cafes, how, where,
and by whom, or which of them; wherein whoſoever deſires further fa-
tisfaction, he may pleaſe to have Recourſe to the known Cafes of Mono-
polies in printed Authorities, and written Records, and unto the Sta-
tute of 21 fac. in Engl. concerning Monopolies and their ſeveral Excep-
tions and Limitations therein.
6. To the Sixth they fay, They can no otherwiſe anſwer then they
have already in their Anſwer to the Third Queſtion, for the Reaſons
therein ſet forth.
.
th
'7. To the Seventh they ſay, That & Proclamation, or Act of State
cannot alter the Common Law, and that Proclamations are Acts of
his Majeſties Prerogative, and are, and always have been of great uſe,
and that the Contemners of ſuch of them, as are not againſt the Law,
are, and by the conſtant Practiſe of the Star-Chamber in England, have
'been puniſlied according to the Nature of the Contempt, and Courſe
' of the ſaid Court; And although Acts of State, are not of Force to
bind the Goods, Poſſeſſions and Inheritance of the Subject, yet they
have been of great uſe, for ſetling of the Eſates of very many Sub-
jects in this Kingdom ; as may appear in the Report of the Caſe of
Iriſ Gavil-Kind'in Print; And further to that Queſtion they cannot
Anſwer, for the Reaſons in their Anſwer unto the third Queſtion ſet
forth.
1
C
|
C
*8. To the Eighth they ſay, That they know no ordinary Rule of
Law, by the which the Subjects of this Kingdom, are made Subject
to Martial Law in time of Peace, and that they find the uſe thereof,
' in the time of Peace in England complained of, in the Petition of
Righit, exhibited unto his Majeſty in the third year of his Reign;
and that they conceive, That the Granting of Authority and Com-
miſſion for execution thereof, is derived out of his Majeſties Regal
and Prerogative Power, for ſuppreſſing of ſudden and great Inſolen-
cies, Inſurrections among Armies, or Multitudes of Armed Men law.
fully or unlawfully convented together, the right uſe whereof in all
times hath been found moſt neceſſary in this Kingdom ;And further to
that Queſtion they cannot Anſwer, for that (as they conceive) it
doth concern his Majeſties Regal Power, and that the anſwer of the
other Part of the Queſtion, doth properly belong to another Profeſ-
fion, whereof they have no Cognizance.
9. To the Ninth they ſay, That as the taking of any Oath, be-
fore any but ſuch Judges, or Perſons as have Power to give, or De-
mand an Oath, for deciſion of Controverſies, is by moſt Divines, in
moſt
s
580
6
Novemb.
I 6 41.
C
C
6
An Impartial Colle&tion of all the memorable Events
moſt Caſes, counted to be a raſh Oath, and ſo an Offence againſt God
* within the third Commandment; ſo the perfcribing, or demanding
of a ſet Oath, by any that cannot derive Power fo to do, from the
Crown (where the Fountain of Juſtice under God doth reſide ) is an
Offence againſt the Law of the Land; and as for Voluntary and
Extrajudicial Oaths, althò freely taken, before Arbitrators or others,
? they ſay (as this Kingdom is Compoſed in many Particulars, as the
Nature and Conſequence of the Courſe, or the Quality of the Per-
fon who taketh, or before whom the ſame is taken, may concern the
· Common-Wealth, or the Members thereof,) ſuch taking of ſuch Oaths,
or Proceeding or Grounding on ſuch Oath, in deciding of Differences
according to the ſeveral Circumſtances, that may occur therein, or
the Prejudice it may introduce to the Common-Wealth, may be
puniſhable by the Common Law; or if it grow unto an height or
general Inconvenience to the Common-Wealth, or Members thereof in
the Caſtle Chamber ; for thô ſuch an Oath be Voluntary, yet in moſt
Caſes it is received by him, that doth intend to ground his Judgment
thereon, and after the Oath is taken, the Arbitrator, or he that in-
tends to yield Faith to the Party that took the Oath, doth examine
him upon one or more Queſtions upon the ſaid Oath unto the An-
ſwer, whereof he doth give Faith and Aſſent, truſting on the ſaid Oath;
And whereas Oaths, by God's Inſtitution, were chiefly allowed to be
taken before lawful Magiſtrates for ending Controverſies, yet com-
mon Experience doth teach in this Kingdom, That oftentimes Orders,
' and Acts grounded on ſuch Voluntary Oaths beget Strife, and Suits ;
and commonly ſuch Orders, when they come to be meaſured by the
Rules of Law, or Equity in the King's Courts, become void, after much
expence of Time and Charge, that we ſay nothing of that, that there-
by many Cauſes proper for the King's Courts, are drawn ad aliud exa-
men, are thereby the Juſtice and Courts often defrauded and de-
6
ܪ
e clined.
G
A
C
1
C
10. To the Tenth they ſay, That they are not Judges of Rules of
Policy, but of Law, and that they know no certain Rule of Law,
concerning Reducement of Fines, the ſame being Matters of his Ma-
jefties meer Grace, after a Man is cenſured for an Offence. And that
they know no Law, that none ſhall be admitted to Reducement of
his Fines, or other Penalties in the Courts, in the Queſtion ſpecified,
! until he confeſs the Fact, for which he was Cenſured : But foraſmuch
as the admittance or Reducement after Conviction for an Offence, is
• Matter of Grace, and not Juſtice. It hath been the conſtant Courſe
of thoſe Courts, both here and in England, for clearing of his Majeſties
Juſtice (where the Party will not go about to clear himſelf, by rever-
fal of the Cenſure or Décree) not to admit him to that Grace, until
he hath confeſſed the juſtneſs of the Cenſure, pronounced by the
Court againſt him; and that the rather, for that commonly the Abi-
lity or diſability of the Party, doth not appear in Judgment before
them, but the Nature and Circumſtances of the Offence, according
to which they gave Sentence againſt him, or them in Terrorem, after
which, when the Party ſhall make the weakneſs of his Eſtate to ap-
pear, or that the Court is otherwiſe aſcertained thereof, they do of
• Courſe proportion the Cenſure or Penalty, having regard to his
Eſtate.
II Το
C
.
.
H.
1
111
1
11.
from the Scotch Rebellion to the King's Murther. 981
II. To the Eleventh they ſay, “That neither the judges of the King's | Novemb.
Bench ( as they inform us that are of that Court) or Juſtices of Goal-
I
Delivery, or of any other Court, do or can by any Law they know,
deny the Copies of Indictments of Felony or Treaſon to the Party on-
ly Accuſed, as by the ſaid Queſtion is demanded.
1
<
<
<
C
<
12. To the Twelfth they ſay, 'That where Lands are holden of the
King by Knights-Service in capite, the Tenant by the ſtrict Courſe of
Law ought in Perſon to do his Homage to the King : And until he
hath done his Homage, the Ancient Courſe of the Exchequer hath
been, and yet is to iſſue Proceſs of Diſtringas out of the ſecond Rc-
membrancers Office to diſtrain the Tenants, ad faciendum Homagi-
um; or ad faciendum finem pro Homagio ſuo refpectuando ; upon which
Proceſs the Sheriff returneth Iſſues; and if the Tenants do not there-
upon appear, and compound with the King to give a Fine for Reſpit
of Homage, then the Iſſues are forfeited to the King for the Contempt.
But if he appear, then the Court of Exchequer doth agree with him
to Reſpite his Homage for a ſmall Fine, wherein they regulate them
' felves under the Rate expreſſed, and ſet down in England by Virtue of
a Privy Seal, in the 15th year of Queen Elizabeth, wherein the Rates
are particularly ſet down, according to the yearly value of the Lands
which Rates are confirmed by Act of Parliament in the firſt of King
James, c. 26. in England; before which time there was not any ſuch
certainty, but the fame reſted in the diſcretion of the Court by the
Rule of Coinmon Law; and ſo it doth at this day in Ireland. How.
beit,we conceive that the Court of Exchequer here, do well to regulate
their diſcretions by thoſe Rates in England, and rather to be under
then to exceed the fame, which the Barons there do, as they do in-
form
US, that are Judges of the other Courts.
7
<
C.
<
.
:
{
13. To the 13th they ſay, 'That they know no Rule of Law,or Statute
by which it ſhould Le Cenſurable in the Subjects of this Kingdom to
Repair and Appeal unto His Majeſty for Redreſs.of Injuries, or for
other their Lawful occaſions, unleſs they be proliibited by His Maje-
ſties Writ or Proclamation, or other his Command": But they find,
that by the Statute of 5 R. 2. that the paſſage of the Subjects out of the
Realm is prohibited without ſpecial Licenſe, excepting Noblemen, and
others in the ſaid Statute ſpecially excepted"; and ſome inference to
that purpoſe may be made upon that Statute of 25 H. 6.c.2. in this
Kingdom.
<
<
14. To the Fourteenth they ſay, " That ſome Deanries and Dignities
(not Deans or Dignitaries as the Queſtion propounds it) are proper-
ly Et de mero Jure, Donative by the King, fome Elective, and ſome
Collative, according to the firſt Foundation, and Uſage of thoſe Chur-
ches. And they humbly deſire that they may not be required to give
any further Anſwer to this Queſtion, for that it may concern many
Mens Eſtates, which may come Judicially before them.
55. To the Fifteenth they ſay, 'That they conceive that where Pri-
viledges are claimed, by any Body
Politic, or other, the King's Coun-
cil may exhibit a Quo Warranto to cauſe the Parties claiming ſuch Pri-
viledges, to ſet forth, and ſhew by what Warrant they claim the ſame;
and
C
6
574 An Impartial Collection of all tbe memorable Events
G
Novem.
I 6 41.
<
r
-
and that the Court carinot hinder the iſſuing of Proceſs at the Inſtance
of the King's Attorney, to exhibit ſuch Information : But when the
' Caſe ſhall upon the Proceedings be brought to Judgment, then, and
not before the Court is to take notice, and give Judgment upon the
Merit, and Circumſtances of the Cauſe, as upon due confideration
fhiall be conceived to be according to Law ; in which Caſe the Jud-
ges, nor the King's Attorney ( as they conceive ) ought to be puniſh-
'ed by any ordinary.Rule of Law or Statute that they know ; But for
“this particular Queſtion of Quo Warranto, for that it hath been a great
Queſtion in this preſent Parliament, and concerns the higheſt Court
of Juſtice in this Kingdom, and alſo concerns two other of His Maje-
'ſties Courts of Juſtice, and therein His Majeſtics Prerogative in thoſe
Courts, they cannot fafely deliver any Opinion therein, before it
comes Judicially before them, and that they hear it argued, and de-
bated by Learned Councel on both ſides.
6
6
C
)
C
"
16.- To the Sixteenth they ſay, 'That although the Jurors'te tlie ſole
Judges of the matter of fact, yet the Judges of the Court are Judges
of the Validity of the Evidence, and of the matters of Law ariſing
out of the fame, wherein the Jury ought to be guided by them; And
if the Jury in any Criminal Cauſe between the King, and Party give
their Verdict contrary to clear and apparent Evidence delivered in
Court, they have been conſtantly, and ſtill ought to be Cenfured in
'the Star-Chamber in England, and Caſtle-Chamber here, for this mif-
. demeanour in perverting the right Courſe of Juſtice in ſuch Fines,
and other puniſhment, as tlie Merits and Circumſtances of the Cauſe
doth deſèrvé, according to the Courſe of the ſaid Courts. For that
bitheir Conſciences'ought to be directed by the Evidence, and not be
miſguided by their Wills and Affections; and if the Jury know any
matter of Fact, which may either better or blerniſh their Evidence,
"tlieỳ mày'take advantage 'thercof, but they ought to diſcover the
fame to the Judges ; And they ſay, That this proceeding in the Court
of Caſtle-Chamber is out of the ſame ground, that Writs of Attaint
care againſt a Jury that gives a "falſe Verdict in a Court of Record át
the Common Law, betwixt Party and Party ; which falfe Verdict be-
Sang found by a Jury of 24 ; iptwithſtanding that the firſt Jurors were
"Judges of the 'Fact, yet that infamous Judgment was ' pronounced
againſt the firſt Jury, which is next, or rather worſe then Judgment
of: Death, and lay a perpetual brand of Perjary upon them; for which
reaſon it was Antiently called the Villainous Fudgment : And they ſay,
That the Law to direct the puniſhment for ſuch Offence, is the courſe
of the ſaid Court, which is la Law as to that purpoſe ; and the Sta-
tute' of 3 H. 7. cap. '1, 2. 'ånd Other Statutes of Force : in this King-
Hom.
C
17. To the Seventeenth they ſay, They can anſwer no otherwiſe
then' they have in their 'Anfwer to the next precedent Queſtion.
18. To the Eighteenth they ſay, That in a Legal Conſtruction, the
Stätute of Magna Charta,in which the words of Salvo Contenemento are
mentioned, is only to be underſtood of Amérciaments;and not of Fines ;
Yet where great Fines are impoſed in Terrorem upon the reducement
of tliem, regard is to be had to the Ability of the Perſons.
19. TO
H
19
:
Ć
1#
from the Scotch Rebellion to the King's Murther. 583
Notem.
16 4.1.
C
19. To the Nineteenth they ſay, That if one doth ſteal a Sheep, or
commit other Felony, and after flyeth the Courſe of Juſtice, or lyeth in
Woods or Mountains upon his Keeping, Yet he doth not thereby be-
come a Traytor, neither doth a Proclamation make him 10; tlre Chief
uſe whereof in ſucli a caſe, is to invite the Party fo ſtanding out, to fub-
mit himſelf to Juſtice, or to forewarn others of the danger they may
run into by Keeping him Company, or giving him Maintenance or
Relicf, whereby he may the Rather ſubmit to Juſtice.
G
1
1
20. To the Twentieth they ſay, That the Teſtimony. or Evidence
of Rebels or Traytors, under Protection, or Thieves, or other Infamous
perſons, is not to be uſed or preſſed as Convincing Evidence upon the
Tryal of any man for his Life ; And ſo is his Majeſties printed Inſtru-
ctions as to perſons Condemned, or under Protection;
yet the Teſti-
mony of ſuch perſons not condemned, may be given in Evidence at the
"Tryal, and being fortified with other Concurring Proof, or Apparent
Circumſtances, may be preſſed upon any Tryal
, and for diſcovering
their Fellows, or Abettors, or Relievers, as the Circumſtances may of-
fer themſelves in their Examination, eſpecially if before they Confeſs
themſelves guilty of the Offence in Imitation of the Approver at the
Common Law, whereof no Certain Rule may be given ; And it needs
not be made a Queſtion here, Whether the furors, or Judges ought to
be Judges of the matter of fact, It being poſitively laid down in the
I6th Queſtion, that they are ; and tho their falſe.. Verdict doth con-
vince or not convince the Priſoner, yet they may be queſtioned and
puniſh'd for a falſe Verdict, as in their Anſwer to the 16th is already
declared.
C
.
{
C
21. To the Twenty firſt they ſay, That that Queſtion is now judi-
cially depending, and hath been already folemnly argued in his Maje-
ſties Court of Wards, in which Court their Aſliſtance for declaration
of the Law therein is already required ; And therefore they humbly
deſire they, may not be compelled to give any Opinion touching that
Point, until it be reſolved there.
$
C
.
1
3
C.
22. To the Two and twentieth they ſay, That they do conceive
there is no matter of Law contained in the faid Queſtion ; yet for fur-
ther ſatisfaction of your Lordſlips, they fay, That upon View of an Act
of State, bearing date at his Majeſties Caſtle of Dublin the 24th of De-
cember 1636. grounded upon his Majeſties Letters of the 5th of July
laſt paſt; it appears unto them, that Four ſhillings in the pound as of
his Majeſties free Gift and Reward out of the firſt payment of the In-
creaſe of Rent reſerved to his Majeſty, was allow'd unto the Judges
that were Commiſſioners, and attended that Service; And they hum-
bly conceive, That the receiving of that four ſhillings in the pound of
his Majeſtics Bounty, ſtands well with the Integrity of a Judge; And
i thoſe "Judges did inform them, That they did not avoid
Patents upon thoſe Commiſſions of Defective Titles, but receive fuch
sito Compound as ſubmitted, for the ſtrengthening of their defective
Patents and Titles; And ſuch as would ſtand upon the Validity of their
Grants, :were left to the Tryal of Law; And that the Compoſitions
made after the ſaid Grants of 4 s. in the pound, were made according
Vol. II.
1
1
any Letters
!
-1
C
Ffff
to
t
1
:,
+
:
,
584 An Impartial Colle&tion of all the memorable Events
Novemb. to Rules and Rates agreed upon by all the Commiſſioners before his
1641. Majeſty's ſaid Letters, or the ſaid Act of State, and not otherwiſe.
ri
16
A
The Declara. Queſt. I.
1:
tion of the
Commons in
1
19
The Commons not being ſatisfied with theſe Sober and Calm Reſolu-
tions of the Judges, fell to Voting their own Senſe, and to make Decla-
rations of the Law upon their former Queries as followeth.
Queſtions propounded in Parliament, And Declarations of the Laip
thereupon in Parliament.
W
Hether the Šubjects of this Kingdom be a Free People;
and to be Governed only by the Common Laws of England,
Ireland upon and Statutes of Force in this Kingdom ?
the Queries
propounded
to the Judges.
Declarat. The Subjects of this his Majeſties Kingdom of Ireland, are a free
People, and to be Governed only, according the Conimon Law of England,
and Statutes made and eſtabliſhed by Parliament in this Kingdom of Ireland,
and according to the Lawful Cuſtoms, uſed in the fame.
2. Queſt. Whether the Judges of this Land do take the Oath of Judges ?
And if so, whether under pretext of any Act of State, Proclamation,Writ,
Letter or Direction, under the Seal, or Privy Seal, Sigriet, or Let
ter, or other Commandment from the Lord Lieutenant,Lord Deputy, Fuſtice,
Fuſtices, or other. Chief Governor, or Governors of this Kingdom, they may
hinder, ſtay or delay the Suit of any Subject, or his Fudgment, or Exe
cution thereupon. If ſo, in what Caſes ? And whether if they do hinder,
Stay, or delay Such Suit, or Fudgment or Execution thereupon, what Puniſh
ment do they incur for their deviation and tranſgreſlion therein.
Declarat. That Judges in Ireland, ought to take the Oath of the Juſtices,
or Judges declared and eſtabliſhed, in ſeveral Parliaments of Force in this King
dom, and the ſaid Judges, or any of them by Color, or under Pretext of any
Act of State or Proclamation, or under Color, or Protext of any Writ, Letter,
or Direction under the Great Seal, Privy Seal, or Privy Signet, from the King's
Moft Excellent Majeſty, or by Color or Pretext of any Letter' or Command-
ment from the Chief Governor, or Governors of this Kingdom, ought not to
hinder or delay the Suit of any Subject, or his Judgment or Execution there-
upon; and if any Letters, Writs or commands come fromr his Majeſty, or
from any other, or for any other Cauſe to the Juſtices, or to the other depu-
ted to do the Law, and right according to the Uſage of the Realm, in diſtur,
bance of the Law, or of the Execution of the ſame, or of Right to the Par-
ty, the Juſtices and others aforeſaid, ought to proceed and hold their Courts
and Proceſſes, where the Pleas and Matters be depending before them, as if
no ſuch Letters, Writs or Commandments were come to them; And in caſe
any Judge or Judges, Juſtice or Juſtices be found in default therein, he, or they
ſo found in default, ought to incur, and undergo due Puniſhment, according
to the Law and former Declarations and Proviſions in Parliament, in that Cale
made, and of Force in this Kingdom, or as ſhall be Ordered, Adjudged or De-
clared in Parliament. . And the Barons of the Exchequer, Juſtices of the Ar-
ſize and Goal-delivery (if they be found in default as aforeſaid ) It is hereby
declared, That they ought to undergo the Puniſhment aforeſaid.
:
1
.
1
¡H
/
3. Queſt. Whether the Kings Majeſties Privy Council either with the
Chief Governor or Governors of this Kingdom, or without him or them, be
a Place of Judicature by the Commons Laws, and wherein Cauſes between
Party and Partý, for Debts, Treſpaſes, Accompts, Poßeſhons, or Title of
Lands,
M
74
..
1
}
+
1
.'
F
.
1
from the Scotch Rebellion to the King's Murther585
Lands, or any of them; or which of them may be heard, and determined, Novemb.
and of what Civil Cauſes they have Juriſdičtion, and by what Law; And). 1641.
of what Force is their Order, or Decree in ſuch caſes, or any of them ?
Declarat. The Council Table of this Realm; either with the Chief Goi
øernor or Governors, or without the Chief Governor or Governors, is no Ju-
dicatory, wherein any Action Real, Perſonal, Popular or Mixt, or any Suit in
the Nature of the ſaid Actions, or any of them, can or ought to be Commen-
ced, Heard or Determined, and all Proceedings at the Council Table in any
Suit, in the nature of any of the faid Actions are void, eſpecially Cauſes parti-
cularly provided for, by expreſs Acts of Parliament of Force in this King-
dom only excepted.
4. Queſt. The Like of the Chief Governor alore.
Declarat. The Proceedings before the Chief Governor or Governors alone
in any Action Real, Perſonal, Popular or Mixt, or in any Suit in the Nature
of any of the faid Actions, are Coram non fudice, and void.
1
F
5. Queſt. Whether Grants of Monopolies be warranted by the Law; and
of what, and in what Caſes, and how and where, and by whom are the
pretended Tranſgreſors againſt ſuch Grants puniſhable; and whether by
Fine, Mutilation of Members, Impriſonment, Loß, and Forfeiture of
Goods, or otherwiſe, and which of them?
Declarat. All Grants of Monopolies are contrary to the Laws of this Realm,
and therefore void, and no Subject of the ſaid Realm ought to be Fined, Im-
priſoned, or otherwiſe Puniſhed, for exerciſing or uſing the Lawful Liberty of
a Subject, contrary to ſuch Grants.
12
6., Queſt. In what Caſes the Lord Lieutenant , Lord Deputy, or other
Chief Governor, or Governors of this Kingdom and Council, may puniſh
ky Fine, Impriſonment, Mutilation of Members, Pillory,or otherwiſe; And
whether they may Sentence any to ſuch the ſame, or the like puniſhment, for
infringing the commands of or concerning any Proclamation of and concern-
ing Monopolies, and what puniſhment do they incur that Vote for the fame :
-
1
11
4
1
1
.
.
.
.
TIL!
TIF
Declarat. The Lord Lieutenant, Lord Deputy, or other Chief Governor,
of Governors, and Council of this Realm, or any of them, ought not to im-
priſon any of his Majeſties Subjects, but only in Cafes, where the Common
Laws or Statutes of the Realm do inable, and warrant them fo to do, and they
ought not to Fine, or to Cenſure any Subject in matilation of Member, ſtand-
ing on the Pillory, or other ſhameful Puniſhment in any caſe, at the Council
Table; and no Subject ought to be Impriſoned, Fined, or otherwiſe Punished,
for Infringing any Commands or Proclamation, for the ſupport or Countenance
of Monopolies; and if in any Cafe,any Perſon or Perſons,thall be committed by
the Command, or Warrant of the Chief Governor or Governors, and Privy
Council of this Realm, or any of them, That in every ſuch Cafe, every Per-
fon, or Perſons fo Committed, reſtrained of his or their Liberty, or foffering
Impriſonment, upon Demand or Motion, made by his or their Counfel, or a
ther imployed by him or them for that purpoſe, unto the Judges of the Court
of Kings-Bench, or Common-Pleas in open Court, lhall without delay opon
any Pretence whatſoever, for the ordinary Fees uſoally paid for the fames have
forthwith granted unto him or them, a Writ or Writs of Habeas Corpus to be
directed generally unto all and every Sheriff, Goalet, Miniſter, Officer, or other
Perſon, in whoſe Cuſtody the Party or Parties to committed or Reſtrained ſhall
be, Fall at the Return of the ſaid Writ or Writs, and according to the Com-
mand thereof, upon due and convenient notice thereof, given to him at the
Vol. 11.
Ffff2
Charge
-!
E
.
PT
1
A
586 An Impartial Collection of all the memorable Events
November, Charge of the Party or Parties who requireth, or procureth ſuch. Writ or
1641.' Writs, and upon Security, by his or their own Bond or Bonds, given to pay the
Charge of carrying back the Priſoner or Priſoners, if he, or they ſhall be com-
manded by the Court, to which he or they ſhall be brought, as in like Caſes
has been uſed, ſuch Charges of bringing up, and carrying back the Priſoner or
Priſoners, to be always ordered by the Court, if any Difference ſhall ariſe
there, about bringing or cauſe to be brought, the Body or Bodies of the ſaid
Party or Parties to committed or reſtrained unto, and before the judges, and
Juſtices of the ſaid Court, from whence the ſame Writ or Writs ſhall iſſue in
open Court, and ſhall then likewiſe certify the true Cauſe of fuck his or their
Deteinors or Impriſonment, and thereapon the Court after ſuch Return made
and delivered in open Court, ſhall proceed to examine, and determine; whe-
ther the Cauſe of ſuch Commitment appearing upon the ſaid Return, be juſt
and legal or not, and ſhall thereupon do what to Juſtice ſhall appertain, cither
by Delivering, Bailing, or remanding the Priſoner or Priſoners.
9. Queſt. Of what Force is an Act of State, or Proclamation in this
Kingdom to bind the Liberty, Goods, Poleffions, or Inheritance of the Na
tives thereof; whether they, or any of them can alter the Common Law, or
the Infringers of them looſe their Goods, Chattels or Leaſes, or forfeit the
Same by Infringing any ſuch Act of State, Proclamation, or both; And
what puniſhment do the ſworn Fudges of the Law that are Privy Councel-
lors incur, that Vote for ſuch Alts, and Execution thereof?
Declarat. An Act of State, or Proclamation in this Kingdom, cannot bind
the Liberty, Inheritance, Poſſeſſion or Goods of the Subjects of the ſaid King-
dom, nor alter the Common Law, and the Infringers of any ſuch Act of State,
or Proclamation, ought not to forfeit Lands, Leaſes, Goods or Chattels for the
infringing of any ſuch Act of State or Proclamation; and the Judges of the
Law, who do vote for fuch Acts of State or Proclamation, are puniſhable as
Breakers and Violators of their Oaths of Judges.
1
.-8. Queſt. Are the Subjectsof this Kingdom ſubject to the Martial Law;
And whether any man in the time of Peace, no Enemy being in the Field
with Banners diſplayed, can be sentenced to death : If so, by whom, and
in what Caſes : If not, What Puniſhments do they incur, that in time of
Peace execute Martial Law
HA
Declarat. No Subject of this Kingdom ought to be Sentenced to Death, or
Executed by Marſhal Law in time of Peace;
and if any Subject be ſo Senten-
ced, or Executed by Marſhal Law in time of Peace, the Authors and Actors of
any ſuch Sentence or Execution, are puniſhable by the Law of the Land, for
their ſo doing, as Doers of their own Wrong, and contrary to the faid Law of:
the Land.
1
9. Queſt. Whether Voluntary Oaths taken freely before Arbitrators for
Affirmance, or Diſaffirmance of any thing, or for the true performance of
any thing, be puniſhable in the Caſtle-Chamber, or any other Court ; and
why, and wherefore
Declarat. No Man ought to be punished in the Caſtle-Chamber, or any o-
ther Court, for taking a Voluntary Oath before Arbitrators, for affirmance or
diſaffirmance of any Thing, or the true Performance of any thing in Civil Cau-
ſes, nor are the Arbitrators, before ſuch Voluntary Oath ſhall be taken, Puniſh-
ble.
1
10. Queſt. Why, and by what Law, or by what Rule of Policy is it that
none is admitted to Reducement of Fines and other" Penalty, in the
+
Caſtle
11
from the Scotch Rebellion to the King's Murther. $87
4 빈
​Caſtle-Chamber, ar Council Table, untill he confeſs the Offence fór which he Novemb:
is Cenſured, when as Revera he might be innocent thereof, tho ſuborned 1641.
Proofs, or Circumſtance might induce a Cenſure ?
Declarat. By the Laws and Statutes of the Realm, no Man is bound, or
ought to be compelled, to acknowledg the Offence laid to his Charge, or the
juſtneſs of any Cenfure paſt againſt him, in the Caſtle-Chamber; or at the Coun-
cil Table, nor ought to be deteined in Priſon, or abridged of his Liberty, or
the Reducement of his Fine ſtayed or delayed, until he doth acknowledg ſuch
Offence, or the juſtneſs of ſuch Cenſure. And it is further declared, That no
ſuch inforced or wreſted Confeſſion or Acknowledgment, can, or ought to de-
bar or hinder any Subject from his Bill of Reverſal, or Review of any Sentence
or Decree, paſt or conceived againſt him in the Caſtle-Chamber, or in any other
Court.
11. Queſt.Whether the Judges of the Kings-Bench, or any other Judges
of Goal-Delivery, or of any other Court, and by what Law, do, or can
deny the Copies of Indi&tments of Felony, or Treaſon, to the Parties accuſed,
contrary to the Law ?
Declarat. The Judges of the Kings-Bench, or Juſtices of Goal-Delivery, or
the Judges of any other Court,ought not to deny Čopies of Indictments of Fela-
ny or Treaſon to the Parties indicted.
12. Queſt. What Power have the Barons of the Court of Exchequer, to
raiſe the Reſpite of Homage arbitrarily to what Rate they pleaſe, to what
Value they may raiſe it, by what Law they diſtinguiſh between the
Reſpit of Homage upon the diverſity of the true value of the Fees; when
as Eſcuage is the ſame for great and ſmall Fees, and are apportionable by
Parliament :
Declarat. The Barons of the Exchequer, ought to raiſe the Reſpite of Ho-
mage above the uſual Rates, appearing, in, and by the Courſe and Precedents of
the Court, continued until the year of our Lord God 1637, and the raiſing
thereof ſince that time, was Arbitrary, and againſt the Law. And the Barons of
the Exchequer, ought not to diſtinguiſh between the Reſpite of Homage upon
any diverſity of the true values of the Knight's Fees.
13. Queſt. Whether it be Cenſurable in the Subjects of this Kingdom to
repair into England to appeal to his Majeſty for Redreſs of Injuries, or for
other Lawful Occaſions 2 If ſo, for why, and in what Condition of Perſons,
and by what Law:
Declarat. The Subjects of this Kingdom, may lawfully repair into England,
to appeal to his Majeſty, for Redreſs of Injuries, and for other their Lawfuí
Occalions, and for their fo doing, ought not to be puniſhed, or queſtioned up-
on the Statute of s R. 2. nor by any other Law or Statute of Force in this
Kingdom ( eminent Officers and Miniſters of State, Commanders and Soldiers
of his Majeſties Army, the Judges and Miniſters of his Majeſtics Courts of Ju-
ſtice,and of his Highneſs Revenue, and Cuſtoms,whoſe Attendance is neceflarily
requiſite, by the Laws and Statutes of the Realm only excepted.)
14. Queſt. Whether Deans, or other Dignitaries of Cathedral Churches
be properly, and de Mero jure Donative, by the King, and not Eleſtive, or
Collative? If ſo, Why, and by what Law. And whetber the Confirmation
of a Dean de Facto of the Biſhops Grant be good,or valid in Law, and no ?
If not, by what Law
Declarat.
A
ht
588 An Impartial Colle&tion of all the memorable Events
Novemb.
I 641.
.
Declarat. Deanries, and other Eccleſiaſtical Dignities of this Realm, are not
de Mero Jure donative, but ſome are Donative, and ſome Elective, and ſome are
Collative, according to their reſpective Foundations, and the Confirmation of
the Biſhops Grant, by a Dean de Fakto, having actually ſtallum in Choro ci vocem
in Capitulo, together with the Chapter is good in Law.
15. Queſt. Whether the iſuing of Quo Warranto's out of the Kings-
Bench, or Exchequer, againſt Boroughs, that antiently, and recently jent
Burgeſes to the Parliament, to ſhew Cauſe why they ſent Burgeſes to the
Farliament, be Legal ? If not, what puniſhment ought to be inflicted upon
thoſe that are or have been the Occaſioners, Procurers, and Judges, of and
in ſuch Quo Warranto's ?
2
i
1
Declarat. The Illuing of Quo Warranto's out of the Court of Kings-Bench,
Court of Exchequer, or any Court, againſt Boroughs, that anciently or re-
çently ſent Burgeſſes to the Parliament, to ſhew Cauſe, why they ſent Burgel-
ſes to Parliament, and all the Proceedings thereupon, are Coram non Judice Il-
legal and void, and the Right of ſending Burgeſles to the Parliament is Que-
ſtionable in Parliament only, and the Occaſioners, Procurers, and Judges in
ſuch Quo Warranto's and Proceedings are Puniſhable, as in Parliament ſhall be
thought conſonant to Law and Juſtice,
4
:
16. Queſt. By what Law are Jurors that give Verdiet according to their
Conſcience, and are the ſole Judges of the Fait, Cenſured in the Caſtle-
Chamber, in great Fines, and ſometimes Pillored, with loſs of Ears, and
bored through the Tongue, and marked ſometimes in the Forehead, with an
Hot Iron ; and other like Infamous Puniſhment ?
11
11
1
Declarat. Jurors are the ſole Judges of the Matter in Fact, and they ought
not for giving their Verdict, to be bound over to the Court of Caſtle-Chamber,
by the Judge or Judges, before whom, the Verdict was, or ſhall be gi-
ven:
1
INI
19. Queſt. By what Law are men Cenſurable in the Caſtle-Chamber,with
the Mutilation of Members, or any other Brand of Infamy; and in what
Caſes,and what puniſhment in each Caſe there is due without Reſpect to the
Quality of the Perſon or Perſons ?
.
1
Declarar. No Man ought to be Cenſured in the Caftle-Chamber in the Mutila-
tion of Members or any other Brand of Infamy otherwiſe,or in other Caſes then
is exprelly Limited, by the Statutes of the Realm, in ſuch caſe provid-
ed.
1.
i
18. Queſt. Whether in the Cenfure in the Caſtle-Chamber, Regard be to
be had to the words of the Great Charter, (viz.) Salvo Contenementor
&c.
Declarat. In the Cenfures in the Caſtle-Chamber, eſpecial Regard ought
to be had, to the Words of the Great Charter, viz. Salvo Contenemento, &c.
19. Queſt. Whether if one that ſteals a Sheep or commits any other Fea
lony, and after flyeth the Courſe of Juſtice, or lyeth in Woods or Moun-
tains, upon
his keeping be a Traytor : If not, whether a Proclamation can
make him fo:
it
Declarat. A Felon, who Flies the Courſe of Juſtice, and lyeth in Woods,
Mountains,
4
:
+
1
1
16
from the Scotch Rebellion to the King's Murtber. 589
Mountains, or elſewhere, upon his keeping is no Traitor; and a Proclamation, Novemb.
cannot make him a Traitor.
İ.6 41.
20. Queſt. Whether the Teſtimony or Evidence of Rebels,Traytors, Pro
tected Thieves, or other infamous Perſons, be good Evidence in Law to be
preſſed upon the Tryals of Men for their Lives ; or whether the fudge or
Juřors ought to be Fudge of the matter ?
Declarat. The Teſtimony of Convicted or Protected Rebels, Traitors, or
Felons, is no ſufficient Evidence in Law, upon the Tryal of any perſon for
his Life, and the Credit of the Teſtimony of Perſons Accuſed or Impeached;
and not convicted of Felony or Treaſon; ought to be left to the Jury, who
are fole Judges of the Truth, and Validity of the ſaid Teſtimony.
21. Queſt. By what Law are Fairs and Markets to be held in Capite,
when no other expreſs Tenure is mentioned in his Majeſties Letters Pak
tents, or Grants of the ſame Fairs and Markets, Altho the Rent or Tearly
Şum be reſerved thereout ?
H
Declarat. The King gránts Lands to be held in Free, and common Socage;
as of a Caſtle or Mannor, by Letters Patents under the Great Seal, and by the
ſame Letters Patents, or by other Letters Patents, Grants a Fair, and Market,
reſerving a yearly Rent or Summ, without expreſſing any Tenure, as to the
ſaid Fair
or Market, the faid Fair or Market is not held by Knights Service in
Capite, or otherwiſe în Capite.
P. 12.
1
1
I
I cannot omit one remarkable paſſage, which I find mentioned in Dr. Borlaſe's Hilt.
Borlaſe's Hiſtory, which ſeems plainly to evince that during this time, of Ireland;
when they appeared ſo Zealous for the Redreſſing of Publick Grievan-
ces, and removing the obſtructions of Juſtice, therein following the
very fame ſteps with the Faction of the Parliament of England and
Scotland, they were at the ſame time complotting to flake off the So-
veraignty of His Majeſty by an open Rebellion, as the Scots had done
in Effect, and the Engliſh Parliamentary Faction preſently after did.
Which may teach Poſterity hereafter, to be very Cautious of ſuch pre-
tences and pretenders, who through the ſides of the prime Miniſters of
State, endeavour to wound Majeſty it felf, and to cover the Deſigns of
Teaſon and Rebellion with the Popular Cloak of Reformation, which
were the very ſteps by which theſe Three Rebellions, one upon the
neck of another, advanced themſelves within the compaſs of little leſs
then three Years. The paſſage was this, During the Summer Seſſions
which began the IIth of May, 1641. Some of the chief Conſpirators, and
among whom the Lord Macguire was one the most buſie, pretending a ſuf-
pitian, That ſome of the Servants of the late Earl of Strafford, io revenge
his death ( to which it ſeems by this, their own guilt acknowledged the
Iriſh very inſtrumental) intended ſome miſchief to the Parliament, mo-
ved the Houſe, and accordingly had Orders, that the Lords fuſtices would
let His Majeſties Stores for Powder and Arms be ſearched, left
any, ſhould be placed near the Parliament Houſes ; which being granted,
and a diligent ſearch being made, but nothing found, yet were they, not
Satisfied, but procured a new Order to the Lords Fuſtices, to, be admit-
ted to ſee the Stores of Powder and Arms placed in other Rooms in, and
about the Caſtle. To whom the Lord Juſtice Borlaſe anſwered, That thoſe
were the King's precious Jewels, and not to be ſkewed without eſpecial
Cauſe, but withal alluring them upon his Honor, that there was no Powder
underneath
1
**
Nv
596 An Impartial Collection of all the memorable Events
A
1
* Ex-
1
:
1
A M. S. S. in
6.
his Grace the
Duke of Or.
mond, written
00
Honourable
the Earl of
Clarendon.
C
1
CC
Novem. underneath either of the Houſes of Parliament: with which anſwer they
I 641.
were not more diſcontented, then his Lordbip ſeemed ſurpriſed with this
repeated Order, which raiſed ſuch a ſudden Emotion in his blood, that
he could not but often after reflect upon the reiterated importunity of
the enquiry, as aiming at ſomething further then was at preſent diſcern-
able. Which plainly appears to be, to get a perfect knowledge both
of the quantity of the martial Stores, and the certain place where they
were depoſited, that thereby their intended ſurpriſal of them might be
with more eaſe effected.
To Sum up what hath before been faid concerning the beginning of
this Execrable and Unparalleľd Rebellion, take the Words of an
cellent and Noble Author upon that Subjcct.
los
the cuſtody of
He Iriſh Nation, faith be, was poſſeſſed of the moſt bleſſed and
happy Condition, before their own ( to ſay no worſe ) unskil-
fut Rage and Fury brought this war upon them; and they have
by the Right “ ſince had leiſure enough thoroughly to conſider and value the
wonderful Pleoty, Peace, and ſecurity which they enjoyed till the
year 1641, when they wantonly and diſdainfully flung thoſe Blef-
ſings from them : They were arrived to a mighty increaſe of Traf-
fick, Improvement of Land, Erection of Buildings, and whatever elſe
might be profitable or pleaſant to any People ; and theſe deſirable
Advantages and Ornaments the Policy and Induſtry of that Nation
was utterly unacquainted with, till they were brought to them by
the skill and labour of the Engliſh, planting and living Charitably,
Friendly, and Hoſpitably among them ; Taxes and Tillages and other
Contributions were things hardly known to them ſo much as by
" their 'Names : whatever their Lands, Labour or Induſtry produced
was their own; and they were not only free from the fear of ha-
ving it taken from them by the King, upon any pretence whatſoever
without their own conſents, but alſo fo ſecured againſt Thieves, and
Robbers, by the Execution of good Laws, that Men might and did
“ Travel over all parts of the Kingdom, with conſiderable Sums of Mo-
ncy unguarded and unconcealed
It gyere well if “ If this happy poſture of Affairs, was undervalued, under the No-
our Engliſh
tion of being but Temporal Bleſſings ; and the want of Freedom be
alledged, as to the Exerciſe of the Romiſh Religion, to which that Na-
tion was generally addicted, it cannot be denied, but that though by
Glais, they
“ the Laws and Conſtitutions of that Kingdom, the Power and Autho-
rity of the Biſhop of Rome is not in any degree allowed or ſubmitted
pourrait ex
adly,and inay
to by the Government ; yet, by connivance, the whole Catholique
Body of that Nation, enjoyed an undiſturbed Exerciſe of that Religi-
011; and even at Dublin; where the Seat of the King's chief Gover-
deſtiny.
nour was, ſuch was the indulgence of Authority then towards them,
that they went as uninterruptedly to their Devotions, as the Gover-
nor did to his ; Biſhops, Prieſts, and all Degrees and Orders of the
Secular and Regular Clergy, lived and exerciled their Functions among
them: And though there were ſome Laws againſt them ſtill in force,
which the Necellity and Wiſdom of former Ages had cauſed to be
Enacted to ſuppreſs thoſe acts of Treaſon and Rebellion, which that
People frequently fell into, and the Policy of the preſent Times kept
unrepealed; to prevent the like Diſtempers and Deſigns, yet the Edge
“ of thoſe Laws was ſo totally rebated, by the Clemency and Compal-
(G
Non confor
miſts would
look in this
(6
would rec
their own
by timely con-
rideration as
voit the ſainc
::
1
9
:
!
66 lion
CC
" World.
CC
(C
(c
(G
(G
1
« ſued.
(G
26
from the Scotch Rebellion to the King's Murther. 591
" ſion of the King, that no Man could ſay he had ſuffered prejudiceor di-| Novem.
“ ſturbance in, or for his Religion : which is another kind of indulgence, 1641.
then the Subjects profeſſing a faith contrary to that which is Eitabliſhed
“ by the Laws of the Land, can boaſt of in any other Kingdom in the
“ When in the Year 1640, they diſcerned ſome Diſtempers ariſing in
England, upon the Scots Invaſion, and perceived the Support and
Countenance that people then found in both Houſes of Parliament
in England, they would likewiſe bear a part, and bring in their Con-
tribution to the work in hand ; then they began to Tranſplant thoſe
dangerous humors of Jealouſies and Diſcontents, which they found
ſpringing up Seditiouſly in the Parliament at Weſtminſter, into Iren
land; and with the fame Paſſion and Diſtemper, cheriſhed them in
the Parliament at Dublin : They fell to Accuſing upon general and
"unreaſonable
. Imputations, the principal Councellors and Miniſters of
State, who were intruſted by the Crown in that Kingdom, impeach-
ing them of High Treaſon, and thereby according to the Rule un-
juſtly then preſcribed at Weſtminſter , they removed thoſe Perſons
“ from any Power in Publick Affairs there, whoſe wiſdom might pro-
bably otherwiſe lave prevented the miſchiefs which have Tince en-
Then did they moſt weakly and childiſhlý concur with the grea-
teſt Enemies their Nation or Religion had, in the Conſpiracy againſt
the life of the Earl of Strafford Lord Lieutenant of that Kingdom, by
whoſe Wiſdom, and moſt prudent Government that Nation had
reaped great advantages, and was daily receiving greater, and ferit
a Committee from Dublin to Weſtminſter to join in the Proſecution
of him, and having in the end procured the miſerable, and never
enough lamented Ruin of that great Perſon, they powerfully oppoſed
" and hindred the conferring of that charge, upon any of thoſe His
Majeſty had deſigned to undertake it, and at the laſt, by their repea-
“ted importunities, they got it devolved into ſuch hands as were moſt
“ unlike to grapple with the difficulties which they were ſure to meet
“ with; and having thus to their uttermoſt power fomented the di-
« viſions in England, and diſcountenanced and weakened the Regal
Power in Ireland, by raiſing the fame Factions againſt it there, on
" the ſudden upon the 23d. day of October 1641, without the leaſt pre-
tence of Quarrel, or Hoſtility, ſo much as apprehended by the Prote-
« ftants, great multitudes of Iriſh Roman Catholicks in the Province
of vlſter, and ſhortly after in other Provinces, and parts of the King-
dom Tumultuouſly aſſembled together, put themſelves in Arms, ſei-
ſed upon the Forts, Caſtles, Towns and Houſes belonging to the Pro-
teſtants, which by their force they could poſſeſs themſelves of, and
with moſt Barbarous Circumſtances of Cruelty, within the ſpace of
a few days, murthered an incredible number of Proteſtants, Men,
Women and Children promiſcuouſly, and without diſtinction of Age
or Sex; and of all thuſe who were within the reach of their Power,
they who eſcaped beſt were robbed of all that they had, to their
very skins, and ſo turned naked to indure the ſharpneſs of that Sea-
"fon, and by that means, and for want of Relief many thouſands of
them periſhed by hunger and cold; the Deſign which was at the
" ſame time laid for the furpriſe of the Caſtle of Dublin; the Reſidence
< of the King's chief Governors
, and His Majeſties principal Magazine
Vol. II.
Gggg
of 1
<<
CC
11
I
}
C
T
CC
CC
CC
the Rebellion.
(C
CC
66 firſt entrance into
592 An Impartial Collection of all the memorable Events
Novemb. “ of Arms and Ammunition, wherewith it was then plentifully ſtored,
I 641.
being diſcovered by a perſon truſted, and thereby diſappointed, that
place was left ſingly to conſult of the beſt means to oppoſe the Tor-
rent, which was like to overwhelm the whole Kingdom, and for a
Refuge to the poor Proteſtants, who from all parts of the Kingdom
flocked thither, Deſpoiled, Robbed, and Stripped, with the ſad Rela-
tions of the moſt inhumane Cruelties, and Murthers exerciſed upon
“ their Friends, Kindred and Neighbours which have been ever lieard
“ of amongſt Chriſtians.
All the Iriſ
“ It is not, adds be, the purpoſe of this Diſcourſe to lay any impu-
nor Guilcy of tations of this Rebellion and Savage Cruelty upon the whole Iriſh Na-
tion, and all the Catholicks of that Kingdom, many Perſons of Ho-
nour, were never in the leaſt degree tainted with that Contagion,
“ but on the contrary have always given as ſignal Teſtimonies of their
“ Affection and Luty to the King, and of their deteſtation of that Odi-
ous and Bloody defection, as any of his Subjects of either of his other
Kingdoms have done, whoſe memories muſt with equal juſtice and
care be tranſmitted to Poſterity, as pretious Examples of Honour and
Integrity ; others there were who by the Paſſion and Rigour of thoſe
who were then in Authority, and liad power enough to deſtroy whom
they had inclination to ſuſpect or accuſe, were driven to put them-
“ ſelves into the Protection of thoſe, whoſe ways and courſes, they to-
tally diſapproved and hated ; and many who were by miſ-information
"and miſ-belief ingaged in the carrying on, and, poſſibly, contriving
the War and Inſurrection, yet were mortally averſe to thoſe barba-
rous actions of Blood, Rapine and Inhumanity, which diſhonour even
the moſt juſt and lawful War.
“ One Circumſtance of unhappy and impious Policy muſt not be
forgotten, by which the Bold Authors of that unnatural War, in the
" and which in truth, as moſt of the policies of that kind, brought un-
ſpeakable miſery and devaſtation upon that Nation : for the better
ſeducing the People, who, having lived ſo long in Peace and Ami-
ty with the Engliſh, were not without ſome Reverence to that Go-
vernment, and ſo could not in plain and direct terms be eaſily led
into an avowed Rebellion againſt their King, they not only declared,
"
and with great skill and induſtry publiſhed throughout the Kingdom,
" that they took Arms for the King, and the Defence of his Lawful
Prerogative, againſt the Puritanical Parliament of England, which
they laid invaded it in many Parts, and that what they did was by
His Majeſties Approbation and Authority : And to gain Credit to
" that Fiction, they produced and ſhewed a Commiſſion, to which
they had faſtened an impreſſion of the Great Seal of England,
which they had taken off from fome Grant or Patent which had
Regularly and Legally paſſed the Seal ; and ſo it was not difficult
to perſwade weak and unexperienced Perſons to believe that it was
a true Seal, and real Commiſſion from the King : And by this
Fatal Stratagem, they caſt fo Odious an Imputation upon the
King's Com-
King, and upon thoſe Perſons, who were worthily neareſt him in
his Affection and Councils, that the Seditious Party in England, who
were then contriving all the Miſchief, they afterwards brought to
the King, but
paſs, uſed all their Arts to propagate thoſe horrible Calumnies, and to
infuſe into the Hearts of the People, an Irreverence and Jealouſy of
the
(C
CC
C6
CC
(6
The Rebels of
Ireland coun-
terfeit the
:
.
million and
Great Seal,
prejudicial to
Ruinous to
them.
C
i
1
from the Scotch Rebellion to the King's Märtbeř
: 593
I
1
CC
the King, Queen, and thoſe of neareſt Truſt to either of them ; ſo that Novemb.
“his Majeſty was even compelled for his own Vindication, and left 1 641.
he might be thought too faint a Proſecutor of an Enemy, whoſe In-
ſurrection, it was ſaid, he himſelf had fomented, to commit tlie whole
Management of that War, to the two Houſes of Parliament, and they
“ having obtained this Power, Intereſſed and truſted ſuch Members of
“ their own Body, with the Ordering and Directing of the fame, as
were reſolved with moſt Paſſion, Uncharitableneſs and Violence, to
“ Proſecute that whole Nation, and the Religion thát was moſt general-
ly Exerciſed there; and by this means all Perſons, who were to con-
duct, both the Civil and Military Affairs in Ireland, were drawn to
a Dependence upon the Two Houſes of Parliament at Weſtminſter; all
« Officers and Commanders for that War, were Nominated and
approv-
“ ed by them; all Monies raiſed for that Service, was iſſued and Dif-
“ poſed only by their Orders: from whence it came to paſs, that they
" who craftily intended, to derive a Support and Countenance to them.
“ ſelves, by uſing the King's Name to Purpoſes which he abhorred, fool-
iſhly thereby defrauded and deprived themſelves of that Protection
“ and Mercy, which his Majeſty might lave vouchſafed to them for
" their Reduction and Preſervation: for from this time, when any thing
was propoſed of Extravagancy, or overmuch Rigor, which the Pro-
poſers ſaid was neceſſary
for the Carrying on of that War, or if the
“ King made any Scruple or Pauſe in giving his Conſent to the fame,
they ſtraight declared, That they were obſtructed in ſending Relief tó
“ the Poor Proteſtants in Ireland, and then they publiſhed ſome parti-
cular Relations of the lamentable and inhumane Maſſacre made there
by the Iriſh, which were confirmed by. Multitudes of miſerable un-
“ done People, who landed from thence, in the ſeveral Parts of Eng-
“ land; who likewiſe reported the Rebels Diſcourſe, of executing all
“ their Villainies by the King's Direction; ſo thát indeed, it was not in
" his power to deny any thing, which they thought fit to ſay, was ne-
ceſſary to the good Work in Hand: Thus he was compelled to put
“ all the Strong-Holds, Towns and Caſtles in the Province of vister,
“ into the Poſſeſſion of the Scois, ( who were at that time, by the great-
" eſt Managers, believed to be more worthy to be truſted then the
Engliſh ) with unuſual Circumſtances of Power, and even an inde-
pendency upon the Lord Licutenant of Ireland, and when his Ma-
jeſty did bur deſire them, to re-conſider their own Propoſition, and re-
flect how much it might Trench upon the Engliſh Intereſt, they fu-
riouſly Voted, That whoſoever Adviſed his Majeſty to that delay,
was an Enemy to the Kingdom, and a Promoter of the Rebellion in
“ Ireland : thus his Majeſty was neceſſitated to Conſent to that Bill, by
which fo great a Latitude was given to the diſpoſal of Lands, in the
ſeveral Provinces of that Kingdom, to thoſe who adventured Mony
in the War, as that without the Interpoſition, Shelter and Mercy of
tho Soveraign Power, almoſt that whole People, and their Fortunes
were given up to the Diſpoſal of their moſt Cruel and Mortal Ene-
And laſtly, by this groundleſs and accurſed Calumny, thus raiſ-
ed
upon the King, full Power was devolved into their Hands, who too
much imitated the Fury and Inlıumanity of the Iriſh, in carrying
on the War, and proceeded with that Rigor and Cruelty in the flied-
ding of Blood, as was moſt deteſted by his Majeſties
Gracious and Mer-
cifu! Diſpoſition.
Vol. II.
Gggg 2
Thus
CC
(C
(C
(C
(6
CC
mies;
CC
(6
>
L
1
1
Noveit. 2.
for inſolent
behavior and
594 An Impartial Collečtion of all tbe memorable Events
Nazemb. Thus far this Excellent Author, whoíc Words thồ not Exactly ac-
1-641. commodated to the Period of Time, I have thought fit to inſert here,
becauſe they give the Reader a Landſcape or ſhort Map, of all the Tra-
gical Actions, which filled the Scene of Ireland with Blood and Defo-
lation, and will be of excellent Uſe, to the underſtanding of many fu-
ture, Paſſages in the Hiſtorical Account, Lcth of that and our own Miſc-
rable and Bleeding Nation.
Having given this Account of the beginning of the horrid Rebellion
Tueſday,
in Ireland, thic Reader muſt expect the continuation of it, to be inter-
woyen with the other great Affairs, which were the misfortune of the
preſent, and will be the Wonder of all ſucceeding Ages; Let us there-
forc return to take a view of the Parliamentary Affairs.
Philips a Prieſt
This Day Robert Philips à Prieſt, at the deſire of the Houſe of Com-
mons, „Was brought to be ſworn at the Bar, being to be examined by
language fent
the Lords Committees, touching Matters concerning the State ; and
to the Tower. bearing the Oath repeated to him, deſired the Directions of the Houſe,
how far it was required of him to anſwer, álledging that the Oath was
too General, and thereby he might be forced to confeſs againſt him-
ſelf; But the Houſe reſolved him this Doubt, that he was but to an-
ſwer as a Witneſs, to reveal what he knew, touching ſome Intended
Treaſon. Upon this he offered to take the Oath, but preſently faid,
That he was not to be bound by the faid Oathi, becauſe the Bible
upon
which he was ſworn, was not a true Bible; which 'Words, he repeated
a ſecond time, and then took the Oath: Hereupon the Lords com-
manded him to withdraw, and the Houſe taking this as an Affront and
Scorn done to this Houſe, and a great Scandal to our Religion, and
conſidering that the Words, which he ſpake were Voluntary, upon no
Occaſion given him, the Houſe reſolved he ſhould for this time be
brought to the Bar as a Delinquent, to hear, what Anſwer he would
inake to his Charge ; who being brought to the Bar, as a Delinquent
upon
liis Knees, the Lord Keeper told him, Tliat the Houſe had a great
Apprehenſion of the Affront ſhewed to this Houſe of Peers, and of the
great Scorn and Scandal ſliewed to our Religion, in ſaying the Bible
which is allowed by the Law, is not a true Bible; upon this, he made
a Profeſſion, that he was a Catholick, and that all Catholicks held this
Opinion, That our Bible, is not a true Bible; and if he ſhould have ta-
ken an Oath, without this Declaration, he fhould have confirmed this
to be a true Bible. This being ſuch an infolent Carriage, in the Face of
a Parliament, the faid Robert Philips was commanded to withdraw, and
the Houſe taking it into ſerious Conſideration, thought it fit, that he
ſhould have a Mark of the Diſpleaſure of the Houſe, for his Derogation
of our Religion, and for the grcat Diſhonor done to the Peers; Here-
upon it was Ordered, That the said Robert Philips be Committed to the
Tower of London, there to remain until the Pleaſure of this Houſe be
Knoien.
And becauſe the aforeſaid Robert Philips, is a Servant to the Queen,
the Houſe thouglıt it fit, that ſhe ſhould be acquainted with the Rea-
ſons, why he was committed ; to this purpoſe, the Lord Seymour was
appointed to attend her Majeſty, his Lordſhip obeyed the command
of the Houſe herein, but deſired to have what he should ſay from the
Houſe in Writing.
Ordered, That the Lord Lieatenant of Ireland, take care that ſuch Per-
ficers to their sons as are now in this Kingdom, and have Places of Truſt and Command in
Ireland
L. Lieutenant
of Ireland to
ſend the Of
Commands in
Ireland.
+1
1 641.
Selc& Com-
land.
Conference
ment.
vants.
from tbe Scotch Rebellion to the King's Murtber. 595
Ireland, do speedily repair thither to their ſeveral Charges for the defence
Noziem.
of thut Kingdom.
A Select Committee of 26 Lords, and 52 Commoners was this day
nominated by cach Houłc, to conſider of the Affairs of Ireland, as al- mirree to con-
ſo another Committee of 12 Lords, and 24 Commoncrs to go to the tider the Af-
City, to borrow Filty Thouſand Pound for the Aliiſtance of Ire- fairs of Ire-
land.
The Lord Chamberlain Reported the Marquiſs of Hertfords Anſwer Marqueſs of
concerning the Prince, and he returns this Anfu'cr, That he is ready to ſwer concern-
perform the Order of both, Houſes, and he ſaies the Reaſon, wly be waited ing the Prince.
not on the Prince at Oatlands, was, becuſe there was no room for lim to
lye there.
A Meſſage was ſent to the Commons by Sir Robert Rich and Sir Ed-
ward Leech, to deſire a Conference concerning what had been done, a- for a Guard
bout the Prince and the Queen; as alſo concerning ſome Courſe to be for the Parlia-
taken for the providing of a Guard, to attend the Two Houſes of Par-
liament, which was accordingly had immediately in the Painted Cham-
-ber.
In the Houſe of Commons, they fell this day upon the abuſe of ſel-
ling Protections, which was complained of by the Citizens, as a greater Mr. Reynolds
Grievance then all the Monopolies, arid Mr. Reynolds reported the Caſe Cale of Mr.
of Mr. Benſon a Member of the Commons Houſe, concerning ſeveral Benſon about
Protections granted by him to divers Men, that were not his Menial Ser- Aling
. Prore-
(1) That Mr. Benſon, who ſerveth for the Town of Knaresborough
in the County of York, hath granted ſeveral Protections to ſeveral Per-
Sons in London, Middleſex, Nottinghamſhire, Dorſetſhire, Kent, Eſſex and
Surrey. All this did appear, by the Protections brought from the two Comp-
ters in London: be imployed Preſton-pis. Servant, and another, his Son in
Law, and as they made the Contracha Jometimes for 40.5. 30 S. 20 s. and
ſometimes. for 17. s. . fo he granted the fame' accordingly, Preſton being exa-
mined before the Committee,confeſſed his Maſter had granted twenty Prote-
Etions and that his Sonin.baw did writerthem and uſually bad ten Shillings
for the fame.
Next one Jofeps Smith a Scrivener was Examinal, who confeſſed,
Preſton in the beginning of the Parliament came to him, and deſired him,
to write fome Blank Protections, and facaqxdingly, be writ 8 or 9.
terwards. Preſton come to him, and thewed bim two Protections Signed
with Mr. Benſon's Hand, and that berknew it to be his Hand, and that
he delivered thoſe i Protections to ore Proctor. and. Hawkins, the one gave
Ibs. the other: 17 s. for them; afterjuards Proctor made uſe of his Prote-
ition againſt his Landlord, :who repaired to Mr. Benſon, who ſaid, That
as to himſelf it ſhould be of no Force. Afterwards Mr. Benſon granted a
Protection to one-Sylveſter, under his Hand and Seal, who gave 40 s. for
et,' and that Protection was produced at the Committee, and Sylveſter éx.
amined there, and Confeiſed lie paid 40 s. for it. There were produced
Copies of divers other Protections which were entred at the two compters,
that all People might take Notice thereof. Mr. Benſon being defred by the
Committee, to make vinduer to thoſe Matters, ſaid he could not charge his
Mlemory with the certain number, but confeffed, lie had granted many Pro-
tections, and'that he conceived, it was his Priviledg, as a
as a Member of the
12e of Commons, to do ſo.
Upon
1
that af-
}
1
ries for the
further Ex.
amination of
596 An Impartial Collection of all the memorable Events
Novemb. Upon the whole Matter, the Committee would deliver no Opinion,
1 641. becauſe it concerned a Member of the Houſe, but commanded the Re-
port to be made ſpecially, and to leave him to the Judgment of the
Houſe. Whereupon it was
Reſolved upon the Queſtion,
Vores againſt That Mr. Hugh Benſon is unrorthy and unfit, to le a Member of this
Mr. Beaſon for
ſelling Pro.
Houſe, and ſhall fit no longer as a Member of this Houſe.
tcaions. Reſolved, &c.
That Mr. Hugh Benſon ſhall be forthwith ſent for as a Delinquent, by
the Serjeant at Arms attending on this Houſe.
Captain of
After which it was Ordered, That the Lord Gorge, who is Governor
Hurt Cattle
Summoned. of Hurſt Caſtle, le forthwith Summoned to appear here, to give an Ac-
count, why he ſuffered that Caſtle to go to decay.
Reſident of A Complaint was exhibited by the Reſident of Florence, againſt May
Florence com and Newton, two Perſons imployed to apprehend Prieſts, for violently,
Houſe being contrary to the Law of Nations, breaking open his Doors, and taking
broken, (C. and committing his Domeſtick Servants to Priſon. Whereupon it was
Ordered, That the ſaid May and Newton, be Sammoned to give an Ac-
count of that Action, and that the ſaid Perſons Impriſoned be ſet at
Liberty, the Reſident paſſing his Word for their forth-coming.
Inrerrogato-
Then certain Interrogatories to be adminiſtred to Owen O Connelly,
were read as follows.
(1) What ground bad you to Suſpect, that the Papiſts had
Connelly,
eny Deſign
upon the State of Ireland
(2 ) What have you heard any Prieſts, or others ſay concerning the pro-
moting of the Romiſh Religion ?
(3) What Diſcourſe have you had with Hugh Ogh Mac-Mohan con-
cerning any ſuch Deſign in Ireland -
(4) Have you heard of any Deſign in England or Scotland of the like
Nature, what is it you have heard? Declare your whole Knowledg.
The Deſign of which Queſtions, as plainly appears by the very Words
of them, were purpoſely, to draw out ſomething from him, which might
give color to the pretended Calumnies againſt the King or Queen, or
both of them, as being ſome way, or other concerned in promo-
ting Popery, and the Rebellion in Ireland, as they had upon all Occaſi-
ons inſinuated the King to have been privy and Conſenting to the Deſign
of bringing up the Army, and the Conſpiracy in Scotland, pretended
againſt Hamilton, Argyle and others. And indeed the Faction laid hold
upon all Occaſions, which were in the leaſt capable of an Improvement
to the Defamation of his Majeſty, and to rob him of the Affections of
his people, by whiſpering ſuch Surmiſes, as might beget and confirm
thoſe uſeful Fears and Jealouſies of Popery and Arbitrary Power, which
were to be the Engines, by which their wicked and miſchievous Deſigns
were to be effected and accompliſhed.
The Report of
After this Sir Thomas Widdrington Reports further of the Confe-
rence, concerning the Prince and Queen, That the Earl of Holland ſaid
Qucen.
he had, according to the Commands of both Houſes, waited upon her Ma-
jeſty, and preſented her with the Reaſons of both Houſes, why they deſired
that the Prince ſhould reſide at Richmond.
(1) Becauſe
the Confer.
rcoce about
the Prince and
.
5
[
11
T
7
597
Apſwer.
1
+
from the Scotch Rebellion to the King's Müriber.
(1.) Becauſe that he loſt much opportunity in improving himſelf in his Novem.
Learning and Study by being at Oatlands
.
I 641.
(2.) Next, though the Parliament doth not think her Majeſty would
intimate any thing to him concerning lier Religion, yet there were many
about her which might prepare him with thoſe impreſſions ir his Religion
which mightht upon
him many Tears after.
(3.) That in this time so full of danger, C for we hear of new Treaſons
every day) that the Prince might be more Secure, and yet his Lordſhip
ſaid he acquainted the Queen, That it was not the Intentions of the Tiro
Houſes of Parliament, that the Prince ſhould not at all wait upon her Ma-
jeſty, but might come, when her Majeſty was deſirous to ſee him, but yet
that his place of Reſidence might be at Richmond, for otherwiſe his Gover-
nor could not take that Charge over Him as was required by the Parlia-
ment, nor be anſwerable for ſuch Servants as were about him. His Lord-
Thip was pleaſed further to ſay, That Her Majeſty gave this Anſwer,
To
Hat She gave the Parliament Thanks for their Care of her Son; the The Queens
Occaſion wherefore Her Majeſty ſent for him, was to Celebrate the
Birth-Day of one of his Siſters, but that the Prince ſhould be preſently
ſent back to Richmond ; And Her Majeſty ſaid, She did make no doubt,
but
upon the King's Return, the Parliament will Expreß the like Care both
of the Kings Honor and Safery.
Mr. Whitlock further Reported, That the Lord Chamberlain ſaid at
the Conference, That he had taken care for a Guard; That many of them
complained of ſtanding upon their Guard 24 Hours, without Relief, and
Some of the Captains neglect to come, and that therefore Order ſhould be
taken therein.
A Meſſage was brought from the Houſe of Commons by Arthur Good" Wedneſday,
win Eſquire, to let their Lordſhips know, That ke was commanded to give Novemb. 3.
their Lordſhips Thanks from the Houſe of Commons, for their Care and from the
Honour of Religion in committing Robert Phillips the Prieſt unto the Commons
about Phillips
Tower, deſiring that he may nct be releaſed from his Impriſonment, with-
out they be made acquainted with it ; 'and that their Lordſhips would give
Directions that none may ſpeak with him at the Tower, but in the pre-
ſence of some of the Keepers. Whereupon the Lords made an Order ac-
cordingly.
The Lord Privy Seal Reported, That Tejterday the Committees of both The Report
Houſes in the Name of the Parliament, went to the City to propound the ing soocol.
Borrowing of 50000 l. for the Iriſh Affairs.
of the city.
He ſaid, They gave the City a full relation of the State and Condition
of Ireland now is in, it being the caſe of Religion ; That they were much
moved at the Relation; and the Committees then told the Three Wants
which the Council of Ireland deſires to be speedily furniſhed with, or elſe
that Kingdom will be in danger to be loſt, which are Men, Arms and Mo-
ney. His Lordſhip ſaid the Committee told them the Parliament required
nothing of them, but the Loan of Money, which ſhould be secured to them
by Act of Parliament with advantage to themſelves with Intereſt
. Upon
this the Major and Aldermen with the Common Council preſently retired
to conſult among themſelves till it was very late, and ſo the Committees
left them.
The next Morning the Recorder came to the Lords of the Councel at
Whitehall, and declared, That he had command from the Major and Al-
dermeni
the Pricít.
-
T
i
ܢܙܪ
.
..
598
Novem.
dermen and Common Council of the City to inform their Lordſhips, firſt by
1641. way of Proteſtation, That ſo great Sums of money were drawn from them
lately, that they were hardly able to Supply this Occaſion ; Tet fich is their
Zeal to this Čauſe, that they will do their beſt Endeavours therein.
(2.) He delivered by way of Plea from the City, Tliat Protections
were ſo frequent, that unleß ihe Parliament did take ſome Courſe therein,
they ſhall not be able to do the Parliament that Service they deſire in this
kind, becauſe it decayes their Trading.
Mr. Recorder further declared,That the City had formerly lent 50000 l.
upon the Request of the Great Council at York, which was due the 22d. of
October laſt, which yet is not paid, nor any Security, given; therefore they
deſired their Lordſhips to take the ſame into Confideration, for they relied
more upon their Lordſhips Honor, than their Security.
He ſaid, There was now ſuch a ſlighting of the Government of the city,
that there is an Equality between the Mayor and the Commons, the Power
of the Mayor no more then that of the Commoners of the City; they deſired
but Countenance from their Lordſhips, and their Lordſhips ſhall have Ser-
vice from them.
The Recorder delivered this as their Anfwer, That they had hearty
and good Affection to the Cauſe, it being for Religion's Sake, the ſaving
the Lives and Eſtates of Proteſtants, the ſaving of a Kingdom, and pre-
Serving it to the dependency of this Crown, they would do their utmost“En-
deavours, but would nct promiſe any thing before every man had conſulted
with himſelf what he was able to do, which they promiſed to do ſpeedily,
and he hoped to give a further account thereof this Night.
Mr. Pierrepoint alſo in the Commons Houſe made the Report about
the ſame Propoſition, which becauſe it varies from the other in ſome
particulars, I will inſert here as follows.
He ſaid, That according to the commands of the Houſe, ſeveral of the
Committee went to the Lord Major and Common Councel, and delivered the
Commands of this Houſe, how well this Houſe took the former Lending of
Money ; The Anſwer given us by Mr. Recorder was,
(1) That there were ſeveral-Grievances they ſuffered under, as firſt,un-
der the Protections which are granted, which did not only hirder their
lending of Money, but did ſtop Trade. To that șir Henry Vane did give
them ſatisfaction, both of the Order lately made againſt Mr. Benſon for
granting of Protections, and that this Houſe had committed to the Care of
à Committee to draw a Bill to prevent the Inconveniences that happen
thereby.
Next Mr. Recorder propounded, That 50000 l. heretofore lent to the
Peerage of this Realm for the Publique Affairs, is not yet paid.
Next the Common Council did find themſelves aggrieved by a diſreſpect
ſhewn to the Lord Mayor, and the Magiſtrates of London, by divers people
who refuſe to give any Obedience to any warrant to appear before the Lord
Mayor, declaring they would not come ; and particularly in the caſe of pro-
viding of Money; and for their Loans of Money, they will take into conſide-
ration, and give an Anſwer this Day, but the Security for the ſame is Ex-
pected to be by Act of Parliament.
The Commons then entred upon the conſideration of the Iriſh affairs;
and ſeveral Votes were paſſed in order to the Relief of that Kingdom,
which were preſented to the Lords for their Concurrence; and which,
The Commons
Report about
the ſame.
1
11
.
i
1
,
to
i
i
-
1
AD Informa:
Prieſt in the
from the Scotch Rebellion to the King's Murther. 599
to avoid unneceſſary repetitions, the Reader will find when they comė Novemi.
before the Lords.
1.641.
An Information was brought to the Houſe by one Richard Burch ä
Warder, That there was great reſort to Father Phillips in the Tower ; tion againſt
Whereupon it was Ordered, That Sir Gilbert Gerrard, Sir John Frank- Philips tlie
lyn, Sir Thomas Barrington, and Mr. Laurence Whitiacre, do forthwith .
repair to the Tower to Examine all ſuch Strangers as they ſhall
find there,
of their Dwelling, and Buſineſs there, and to tender them the Oaths of Al-
legiance and Supremacy, and the Warders are hereby required to ſuffer
none to come out of the Tower, till theſe Gentlemen are come forth
again.
Mr. Maynard Reported the Caſe of Gatton in Surrey.
Mr. Owfield, bis Ele&tion to ſerve for that place is ſettled; the diffe- caté of Gát:
rence reſteth between Mr. Sandys and Mr. Sanders, who are returned by ton in Surrey
two Indentures : Mr. Sanders hath for him 14 Voices; Mr. Sandys hath of Members.
8 Voices: but of the 14 Voices for Mr. Sanders, 8 of them are dwellers
out of the Town, and one of them a Miniſter; yet all of them have Freehold
in the Town ; and of Mr. Sandys 8 Voices, one of them was a Recufant Con-
vict; another, the Clerk of the Pariſh, who receiveth Tearly Wages from
the Pariſhs; and then if theſe two ſhould be declared to have no Voices,
their Voices are Equal; so the Queſtion in Debate was, Whether the Ele-
Etion belonged to the Burgelles by Common Right; or that the Free-hol-
ders dwelling out of the Town who had Freeholds in the Town,ought to have
Voices by virtue of a Particular Preſcription :
The Committee were of Opinion, That there was a Preſcription in this
Cafe, which was good againſt a Common Right.
It appears by a Record 33 H. 8. that a Return was made by one Inha-
bitant; And 10 E.6. & 6 E. 6. Returns made by the Inhabitants and Bur-
geßes.
But 18 Jac. a Preſident was fheiún on the behalf of the Freeholders.
And for the Parſon of the Pariſh, Whether he jhall have a Voice that
cannot Sit here if he were chofer; and next, whether by Law a Recufant
Convict ought to have a Voice ; and thirdly, to receive the Judgment of
the Houſe, whether one that receives Alms of the Pariſh ſhall have a
Voice ; and then whether the Clark of the Pariſh who receives šo s. per
annum of the Pariſh, is one that lives of the Alms of the Pariſh. Theſe
were doubts offered to the Committee in the debate of this Election.
Upon the maiter it was Reſolved,&c. That there is no ſufficient proof
of a Preſcription againſt the Common Right within the Burrough of Gattoni
in Com. Surrey.
Reſolved,&c. That the Pariſh Clark of the Burrough of Gatton does
not appear upon the Evidence given to this Houſe, to be an Alms-man.
Reſolved,&c. That Mr. Sanders Election for the Burrough of Gatton is
not good.
Reſolved,&c. That Mr. Sandys Election for the Burrough of Gatton is
good.
Reſolved,&c. That Mr. Såndys is well Elected, and ought to Sit as á
Member of this Houſe, upon the Election for the Burrough of Gâtton.
The Lord Keeper ſignified this Day, That he had received a Letter Thurfday
;
from Mr. Secretary Vane, dated the 28th of October laſt from Holy- Novem. 4.
Rood Houſe, touching the Intelligence which his Majeſty had received in
Scotland, concerning the Rebellion in Ireland; which is by his Majeſties
Vol. II.
Hbb h
Command
?
1
។
600 An Impartial Collection of all the memorable Events
*
formed in
1
S
recommends
it to the Carc
of the Parlia-
ment.
Marqueſs of
Winton has
leave to tell
his Arms.
Biſhop of Lin-
coln Reports
the Vores
Affairs.
.
1
Noveinb. Command to be communicated to both Houſes of Parliament hiere, to whom
1.641.
he hath recommended the care of thoſe Affairs, and Expects their Advice
what Courſe is fitteſt to be taken for the reducing of that Kingdom. Like-
The King In-
wiſe his Lordſhip ſaid he had received Copies of other Letters which were
Scotland of the ſent to his Majeſty out of the North Parts of Ireland, defiring his Majeſty
IriſbRebellion,
to ſend them jpeedy Supplies for the Saving of that Kingdom. All which
were referred to the Committee for Iriſh Affairs.
It was Ordered, That the Lord Marqueſ of Wincheſter ſhall have liber-
ty by vertue of this Order, to ſell off bis Arms to ſuch Tradeſmen as will
buy the ſame.
The Lord Biſhop of Lincoln gave this Houſe an Account, what the Com-
mittees for Iriſh Affairs had confidered of, and preſented ſome Votes and
about the Iriſa Orders of the Horſe of Commons, in which they deſire their Lordſhips to
joyn with them, which were read as follows.
Reſolved upon the Queſtion,
That the Houſe of Commons holds it fit, That 20009 I. ſhall be forthwith
Supplyed for the preſent Occaſions of Ireland,out of the Moneys that are now
in ready Caſh, or ſkall firſt come in.
Reſolved, &c.
That a convenient number of Ships ſhall be provided for the Guarding of
the Sea-Coasts of Ireland.
Reſolved, &c.
That the Houſe of Commons holds it fit, thar Six Thouſand Foot, and
Two Thouſand Horſe ſhall be raiſed with all convenient speed, for the pre-
fent Expedition into Treland.
ReJolved,&c.
That ſuch Officers ſhall be forthwith ſent over into Ireland for the Com-
manding of Men there, as ſhall be thought fit by the Lord Lieutenant of
Ireland, with the approbation of both Houſes of Parliament.
Reſolved,&c.
That a Magazine of Vi&tuals ſhall be forthwith provided at Weſt-Cheſter
to be ſent over to Dublin, as the Occaſion of that Kingdom Mall require.
Reſolved &c.
That the Magazin of Arms, Ammunition and Powder at Carliſle shall
be forthwith ſent over to Knockfergus in Ireland.
Reſolved,&c.
That in Briſtol and Weſt-Cheſter, and one other Port in Cumberland,
Magazines of Arms, Ammunition,. Powder and Viętuals ſhall be provided
to be. Tranſported into the next convenient Ports of Ireland, as the Occaſions
of that Kingdom ſhall require.
Reſolved,&c.
That all Arus, Ammunition and Powder in the Magazine at Hull, (Ex-
cept ſuch a proportion of Powder,. Bullet and Match as ſhall be thought fit
for Supply of the Northern Counties as Occaſion ſhall require ) be Tran-
Sported to the Tower of London.
Reſolved, &c.
That a convenient Number of Engineers and Gunners ſhall be ſent into
Ireland.
Reſolved,
---
:
91
.
1
1
4
LIAI
1
-
from tbe. Scotch-Rebellion to she Kingis: Murtheria 601
Reſolved,&c.
Novemba
That a Poft ſhall be ſet up betiveen Beaumariſh and Holy-head: 1:6.4..1.
Reſolved, &c.
That it be referred to the King's Coencel to conſider of Some fit way, anih
to preſent it to the Houſes, för a Publication to be made af Rewards to be
given to ſuch as ſhall do Service in this Expedition into Ireland, and for a
Pardon of ſuich of the Rebels.in Ireland as Jhall come in by a time limited,
and of a Sum of Money to be appointed foria Reward to ſuch as shall bring
in the Heads of ſuch principal Rebels as ſhall be nominated:
Reſolved,&c.
That Letters ſhall be forthwith ſent to the Juſtices in Ireland,to acqxaint
them how. ſenſible this Houſe is of the Affairs in Ireland, and what Care
they have taken for the Occaſion of Ireland:
Reſolved,&c.
That the Houſe of Commons holds it fit that a Drim ſhall be forthwith
beaten for the calling in of Volunteers for this Service for Ireland.
Ordered, That Directions be given for the Drawing a Bill for the Preſa
ſing of Men for this particular Service for Ireland, and Mr. Serjeant Wild
is deſired to prepare a Bill for that purpoſe.
Ordered, That the 11000 1. in ready Caſh in the Chamber of London,
ſhall be fort huvith paid over to the Lord Lieutenant of Ireland for the pres
Sent Occaſions of that Kingdom; and that the Commiſſioners and Treaſurers
appointed in the Act, grant forth their Warrants and Orders accordingly.
Ordered, That the Officers and Cuſtomers of the ſeveral Ports of this
Kingdom towards Ireland, do make diligent Search in all Trunks and other
Carriages that come to be Tranſported from England to Ireland, that be-
long to any Papiſt or ſuspected perſon, and particularly that thoſe Trunks
Sent by Exeter, ſhall be ſtayed and ſearched.
Ordered, That the Committee for Trilh Affairs of the Houſe of Com-
mons, ſhall propound to the Committee of Lords to prepare Heads to be
conſidered of, how, and in ivhat manner this Kingdom ſhall makė ufë of the
Friendſhip and Aſſiſtance of Scotland in this buſineſs of Ireland.
After this the Lord Biſhop of Lincoln acquainted tlie Houſe with a
draught of a Declaration, to be ſent into Ireland to the Lords Juſtices,
with a Letter from the Speakers of both Houſes of Parliament, which
was read in hæc verbai
i
1
11
The Declaration.
T.
He Lords and Commons in this preſent Parliament being advertized The Declára-
of the dangerous Conſpiracy and Rebellion in Ireland, by the treache-lion of the
rous and wicked Inſtigation of Romilh Priests and Jeſuits, for the liament about
bloody Maſſacre and Deſtruction of all the Proteſtants living there, and the Iriſh Rc-
other his Majeſties Loyal Subječts of Engliſh Blood, though of the Romiſh
Religion, being antient Inhabitants within ſeveral counties and Parts of
that Realm, who have alwayes iš former Rebellions ġiven Teſtimony of
their Fidelity to this Crown; and for the utier depriving of his Royal Ma-
jeſty and the Crown of England from the Government of that Kingdom,
(under pretence of jetting up the Popiſh Religion, have thereupon taken
Vol. II.
.
i
:21
Hhh b 2
into
1
.
1
602 An Impartial Colle&tion of all the memorable. Events
1
11
Novemb. | into their Serious Conſideration, how tbeſe Miſchievous Attempts might
1641. be moſt :Speedily and"Effectually prevented, wherein the Honour, safety
and Intereſt of this Kingdom are most nearly and fully concerned ; Where-
fore, they do hereby Declare, That they do intend to ſerve his Majeſty
with their Lives and Fortunes for the Suppreſsing of this Wicked Rebel-
lion in ſuch a way, as. ſhall be thought moſt Effectual by the Wiſdom and
Authority of Parliament. And thereupon have ordered and provided for
preſent Supply of Moneys,and raiſing the number of 6000 Foot and 2000
Horſe, to be ſent from England, being the full proportion deſired by the
Lords Juſtices and his Majeſties Councel Reſident in that Kingdom, with
a Reſolution to add ſuch farther Succours as the Neceſity of thoſe Affairs
Jheall require ; They have alſo reſolved of providing Arms and Munition,
not only for thoſe Men, but likewiſe for his Majeſties Faithful Subjects in
that Kingdom, with Stores of Viętuals and other Neceſaries, as there ſhall
be occaſion ; and that theſe Proviſions may more conveniently te Tranſported
thither, they have appointed Three ſeveral Ports of this Kingdom, that is
to ſay, Briſtol, Weſt-Cheſter, and one other in Cumberland, where the
Magazines, and Store-Houſes ſhall be kept for the supply of the ſeveral
Parts of Ireland: They have likewiſe Reſolved to be humble Mediators
to his Majeſty, for the Encouragement of thoſe English or Triſh, who ſhall
upon their own Charges raiſe any number of Horſe or Foot, for his Service
againſt the Rebels, that they ſhall be honourably rewarded with Lands of
Inheritance in Ireland according to their Merits; and for the inducing
the Rebels to repent of their wicked Attempts, they do hereby commend
it to the Lord Lieutenant of Ireland, or in his abſence to the Lord Deputy
or Lords Juſtices there, according to the Power of the Commiſion granted
them in that behalf, to beſtow his Majeſties Gracious Pardon, to all ſuch
as within a Convenient time to be declared by the Lord Lieutenant, Lord
Deputy, or Lords Juſtices and Councel of that Kingdom, ſhall return to
their due Obedience, the greateſt part whereof they conceive have been
Jeduced upon falſe Grounds, by cunning and ſubtile Practices, of ſome of the
molt malignant Rebels, Enemies to this State, and to the Reformed Reli-
gion, and
likewiſe to beſtow ſuch Rewards as ſhall be thought fit and pub-
lijhed by the Lord Lieutenant, Lord Deputy, or Lords Juſtices and Coun-
cil
, upon all thoſe who shall arreſt the perſons, or bring in the Heads of
Such Traytors as ſhall be perſonally named in any Proclamation publiſhed by
the State there; And they do hereby Exhort and Require all his Majeſties
loving Subjects, both in this and that Kingdom, to remember their Duty
and Conſcience to God and his Religion, and the great and Eminent Dan-
ger
which will involve this whole Kingdom in General, and themſelves in
Particular, if this abominable Treaſon be not timely ſuppreſſed; and there-
fore with all Readineſs, Bounty and Chearfulneſ; to confer their Aliſtance
in their perſons or Eſtates, to this ſo important and neceſary a Service,
for the Common Good of all.
1
im
The Letter to be ſent along with this Declaration, was in theſe
words:
The Letter
from the
Speakers of
M
I Lords Fuſtices, and the reſt of his Majeſties Council of his Ma-
jeſties Kingdom of Ireland, I have received a Command from the
both Houſes
, Lords Horſe in this preſent Parliament
, to ſend unto you this incloſed
Declaration of the Lords and Commons in Parliament, for the better En-
Juftices of
couragement of his Majeſties Faithful Subjects, to unite and imploy them-
ſelves
to the Lords
T!
Irrland.
41
4"
"I
1
E:
!
from the Scotch Rebellion to the King's Murther. 603
ſelves in oppoſing and ſuppreling the Rebels of this and that Kingdom, the Novemb.
publiſhing whereof I am to commend to your Care and Wiſdom, and reſt, 1641.
&c.
Ireland.
The Reſolutions being again read over, the Houſe conſented to them,
and ordered the Lord Keeper to take care to ſee them ſent to Ireland; as
alſo to ſend copies of them to his Majeſty, that he may ſee the Care of his
Parliament in his abſence, concerning the Affairs of Ireland.
The Lord Admiral was alſo Ordered to give Command for the ſtop- Order to top
ing of the Poſts towards Ireland, upon ſuch as are now going from Flan- the Pofts.com
ders into the Kingdom of Ireland.
It was alſo Ordered,That the Lord Chamberlain of his Majeſties Houſe- Order to take
Care to guard
hold, Captain General of the South
Parts of this Kingdom, during his Ma-
the City
jeſties being out of this Kingdom, ſkall gire Order, to the Lord Mayor of againſt Tua
the City of London, to ſafe guard the
ſaid city as there ſhall be cauſe, mules
.
againſt ali Tumults and Diſorders that frall happen in or about the ſaid
City and the Liberties of the ſame, upon any occaſion whatſoever.
In the Commons Houſe it was upon the Queſtion Reſolved, That the
Conference with the Lords ſhall be renewed, concerning the ſecuring of the
Perſons of Papiſts.
It was alſo Ordered, That a Warrant be drawn to paſs both Houſes, to
the Maſter of the Ordnance for the delivery of the Arms and Powder, and
Ammunition at Carliſle, to the Lord Lieutenant of Ireland, or ſuch as he
ſhall appoint.
This day the Lord Keeper ſignified to the Houſe of Lords, That he Friday,
had received a Letter from the Lord Howard at Edenburgh, dated the Novemb. 5.
3oth of October, 1641, which was commanded to be read, the Effect
whereof was,
T.
Hat meeting with the Inſtructions of the Parliament beyond Anwick
in his return to London, his Lordſhip and Mr. Fiennes returned back
again to Edenburgh to preſent them to his Majeſty, which having done,
his
Majeſty told them, That for the Buſineſs of Barwick, be koped by this time
the Parliament had received Satisfaction.
Concerning the Rebellion in Ireland, his Majeſty upon the firſt Notice
thereof, moved the Parliament of Scotland to take this bufineſs into con-
fideration, which accordingly they did, and appointed a Committee for this
very purpoſe, which made Report, whereof a Copy is Encloſed, together with
. Ratification thereof in Parliament, wherein they have teſtified their
Affection and reſpect to this Kingdom.
The Report of the Committee in the Parliament of Scotland,
Rege præſente, 28 Octobris, 1641.
IS Majeſty produced a Letter written to him by the Lord Viſcount The Refalu-
Chicheſter, anent fome Commotions in Ireland, which was publique-tions of Scot-
ly read in Audience of the Kings Majeſty and Parliament ; And there a clia.
his Majeſty defired that ſome may be appointed to think upon the Buſineſ, ceraing the
as may concern his Majeſty and the Kingdom. And the Eſtates no- liens
minated the Lord Chancellor, Lord General, Lord Lothian, Lord Amond,
the Lardis of Wedderburn, Kinhault, arid Murthill, the Commiſſioners of
Edinburgh, Glaſcow and Aire, to think upon ſome. Courſe neceſſary to be
done
H
Co
far
$
604 An Impartial Collection of all the memorable Events
Novemb. , done anent the ſaid Letters, and what is incimbent to be done by this
1 641. Kingdom thereupon, and Report again to the Parliament. To meet in the
General his Houſe this Afternoon at two Hours.
28 O&tobris, 1641.
Y-R
-
T
This Day in the Afternoox, the Commnittee above nominated, appointed
for taking into conſideration, the Report of the Commotions in Ireland, be-
ing met in the Lord Generals Houſe, and having read the Letter, directed
to the King's Majeſty, from the Lord Chicheſter, Dated at Belfaſt the 24th
of October 1641, bath Coxfidered, That his Majeſty, out of His Wiſdom,
and Royal Care, of the Peace of His Kingdoms, bath already acquainted
the Parliament of England, with the Intelligence from Ireland, and has ſent
to Ireland, to know the certainty of the Commotions, and of the Affairs of
that combination, which till it be perfeetly known, there can be no particu-.
lar Courſe taken for Suppreſing thereof, and the Kingdom of Ireland, being
dependant upon the Crown and Kingdom of England, the Engliſh may con-
ceive Jealouſies, and miſtake our Forwardneſs, when they ſhall hear of our
Preparations, without thair Knowledg in this, whair in they are firli and
more properly concerned. And if the Inſurrections
, be of that Importaince,
as the Britiſh within Ireland, are not Powerful enougb to Suppreſs it, with
out Aſiſtance of greater Forces * nor thair Allies, and that his Majeſty,
and Parliament of England, ſhall think our Aid neceſary to joyn with
thaim, We conceive, That the Aliſtance, which we can contribute
may
readineſs, as ſoon as England, and if after Reſolution taken by his Maje-
ſty, witb Advice of both Parliaments, it ſhall be found neceſary, that we
give our preſent Aſſiſtance, we mall go about it, with that ſpeed, which may
Witneſs our dutiful Reſpects to his Majeſties Service, and our Affections
to our Brethren, his Majeſties Loyal Subjects of England and Irelando
29 Die Octob. 1641.
+
:
H
* Scotiſh for
thar.
3
be in
Read in Audience of his Majeſty, and Eſtates of Parliament, ad futuram
rei memoriam, as. ane Testimony of their Affections to his Majeſties Ser-
vice, and the Good of the Neighbor Kingdoms, and appoints thrię of the
Baronis, and thrie Borrowis, to meet the Erle of Eglingtowne, at thrie
Howris afternoon,to take to thair Confideration,be way of Eſtimation or Con-
jecture, the Nombre.of. Bottis, or Lime Faddis, which in the Partis of this
Kingdom, lying oppoſite to Ireland, may be had in readineſs, and what Nom
bre of Mex may be Tranſported thairin, and to report again to the Parlia;
ment.
Vera Copia.
GIBSON.
againſt two
Irih Men.
UE.
1
After which was read, a Packet of Letters directed to the Lords in
Ao ļoformati-
on from Chefter Parliament,
ſent from the Maior of Cheſter, wherein was an Informa-
tion upon Oath, taken by the Maior and Aldermen, of one Thomàs
Cremer of Graies-Inn Gent. Dated the 30th of Oktober laft, That; he meet-
ing with a Gentleman, that calleth himſelf by the Name of Magenes, Bro-
ther. ta the Lord Magenes
, at the Houſe of Widdow Bellon in Weſton,
upora fome Conference betwixt them, the ſaid Magenes, told the said Cre-
mer, that he was to go. for Ireland, being lately come from Spain, to ſee
my Lord Mac-guire, and that he was ſent for thither, and further ſaid,
That
w
1
1
.
-1
.
f
And ſaid 1641.
+
from the Scotch Rebellion to the King's Murther. 605
That he hoped ere long, that the Iriſh would drive out the Scots out of Ire- | Novem.
land, and that there is a Buſineſs, that you would not think of. And ſaid
to the ſaid Cremer, that he had returned 8 or 9col. out of London in-
to Ireland, to raiſe Forces for the King of Spain. And alſo faith, that
there was one other in Company, of the ſaid Magenes, which called him-
ſelf by the Name of Readmond Teſternight, in the Company of the ſaid
Cremer, who drunk a bealth to the Confuſion of the Proteſtants in Ire-
land, and that the aforeſaid Magenes further jaid, That ſince the Buſ-
neſs was diſcovered, he would go to London, along with the ſaid Cremer,
if he would lend him ſome Mony. And further Cremer faith, that the
ſaid Magenes, bearing of the Rebellion in Ireland, ſaid, That he was very
glad and joyful of the News, and that be liked very well of it, and that
he would give any thing to be in Ireland, and did ſhew himſelf to be very an-
gry, with the Maſter of the Ship, in which he intended to go for Ireland, for
neglecting the Wind; ſaying, he might meet with him in Ireland where a Man
might be revenged
revenged on ſuch Fellows: but afterwards, the ſaid Magenes,
hearing that my Lord Macguire was taken, Jeemed to be very ſorrowful, and
ſaid to the ſaid Cremer, That ſince it is diſcovered, he would go to London
along with him, if he would lend him ſome Money.
F
1
Tho. Cremer.
Tho. Cowper, Major.
Will. Gamull,
Nich. Ivie, &c.
Whereupon it was Ordered, That the ſaid Arthur Magenes, and
Readmond Comyn, being now under reſtraint in the City of Cheſter,
shall be forthwith brought in Safe Cuſtody, by the Sheriffs of the ſaid City,
and appear before the Lords in Parliament, to anſwer the aforeſaid Infor-
mation, and then this Houſe will give ſuch further Order and Directions
therein, as ſhall be agreeable to Juſtice.
The Lord Seymour Reported to the Houſe, That he had according to
their Lardſhips Command," preſented the Melage from this Houſe, to the
Queen , concerning Robert Phillips, and Her Majeſty returned this an-
ſwer, viz.
T
1
My Lords,
He Meſage I received from you, by my Lord Seymour, I have ta- The Queens
ken into ſerious Conſideration, and do not a little wonder, that Fa- cerning Fa-
ther Phillips ſhould ſo much forget himſelf, as I find he hath done, by the ther Phillips.
Melage ſent unto me, which I am ſo far from approving, as I cannot, but
be ſorry, he hath done it: I muſt acknowledg your Reſpects unto me, in gi-
ving Me Satisfaction of your Proceedings therein; if I did not believe, what
is done by him, is out of Simplicity, I ſhould not ſpeak for him. You all
know how near he is unto me, by that place which he holds, and if it ſhall
appear unto you, that he hath not maliciouſly done any thing againſt the
State, if for my Sake, you ſhall paſs by his preſent offence, 1.ſnall take
it as a further Teſtimony of your farther Reſpects unto me, which I ſhall
be ready to acknowledg upon all Occaſions, that ſhall be offered.
Whereupon it was ordered to have a Conference, with the Houſe
of Commons, to acquaint them with this Anſwer of the Queens.
This
ha
!1
+
di"
A
An Ordinance
of Lords and
Commons to -
raiſe men for
Ireland.
606 An Impartial Collection of all the memorable Events
Novemb. This day an Ordinance of Parliament to givePower to the L.Lieutenant
1 641.. of Ireland to give Commiſſions, and to raiſe Men for Ireland, having
been read yeſterday, and paſſed in the Commons Houſe, was alſo read
Saturday,
and paſſed by the Lords as followeth, viz.
Novemb.6.
He Lords and Commons in Parliament, being very ſenſible of the great
TH
Danger and Combuſtion in Ireland, by reaſon of the multitude of Re-
enable the E. bels now in Arms for the deſtruction of His Majeſties Loyal Subjects there,
of Leicefter
to and the withdrawing that Kingdom from the Allegiance of His Majeſty,
and the Crown of England ; and foraſmuch as in this time of His Maje-
sties abſence, his Royal Commiſſion cannot be ſo foon obtained, as the neceſ-
lity of that Kingdom doth require ; and for more Speedy oppoſing the wic-
ked and Trayterous attempts of the Rebels there, and for that His Ma-
jeſty hath eſpecially recommended the care of the preſervation of that King-
dom unto both the Houſes of Parliament ; do hereby Ordain and Authorize
Robert Earl of Leiceſter, Lord Lieutenant of Ireland, by Warrant under
bis Hand and Seal, to give one or more Commiſſions, to ſuch_Captains,
Commanders, and other Oficers, as to his Lordſhip ſhall ſeem Expedient,
for the Levying of 3500 Foot, and 600 Horſe, by the beating of Drum,
of ſuch Perſons as ſhall voluntarily undertake the fame Service by
, accepa
ting of Preſt-mony ; which perſons are to be raiſed in ſuch ſeveral Parts
of the Kingdom, as ſhall be moſt convenient for their paſage into the Parts
of Ireland,
which his Lordſhip ſkall think moſt neceſſary to be forthwith
ſupplied ; and for the furniſhing of the ſame Nien, as alſo of other of his
Majeſties Subjects in that Kingdom, we have Ordained that the Earl of
Newport, Maſter of His Majeſties Ordnance, ſhall deliver a number of
Arms, Munition and Powder anſwerable, unto the ſaid Lord Lieutenant of
Ireland, to be diſpoſed of as he ſhall think fit, for the beſt defence of that
Kingdom ; and for the Levying of the ſaid number of Men this Ordinance
of Parliament ſhall be his ſufficient Warrant.
1
The Ordinance to enable the Lord Newport, to deliver the Arms and
Ammunition was alſo read and paſſed as the other, in theſe Words.
The Ordinance
of the Lords
and Commons
to enable the
Maſter of the
F
Ireland.
Oraſmuch as it is held moſt expedient and neceſſary for the ſafety
of His Majeſties Kingdom of Ireland, and his Loyal Subjects there,
that ſuch numbers of Soldiers both Horſe and Foot as are forthwith to be
Ordnance to raiſed for the defence of that Kingdom ſhould be ſupplied with Arms and
deliver Arms, other Munition, which by reaſon of his Majeſties abſence out of the King-
Licurenant of dom cannot be done by His Majeſties immediate Warrant, só ſpeedily as
the imminent danger and neceſſity of that Kingdom doth require, and for
that His Majeſty hath eſpecially recommended the care of the Preſer-
vation of that Kingdom unto both the Houſes of Parliament : It is Or-
dained by the Lords and Commons in Parliament, That Mountjoy Earl
of Newport, Maſter of His Majeſties Ordnance, ſhall deliver to the Earl
of Leiceſter, Lord Lieutenant of Ireland, or to fuch other perſon or per-
fons as he ſhall appoint to receive the ſame, the full number of 1000
Arms for Horſe-men, and 8000 Arms för_Foot, and the quantity of 10
Laſt of Powder, and ſuch other Munition, Tents and Proviſions of all ſorts
as ſhall be needful for this Service, according to a Lift to be agreed upon
and allowed by the said Lords and Commons bereunto annexed, out of His
Majeſties Stores and Magazines in the Tower of London, the City of Car-
liſle, the Town of Hull, or elſewhere, and for ſo doing this ſhall be a ſuf-
ficient
/
.
from the Scotch Rebellion to the King's Murther. 607
ficient Warrant, as well for his Lordſhip, as for any of his Deputies or Vn- Novem.
der-Officers in that behalf.
I 6 4 I.
An Ordinance alſo for providing Shipping for Tranſportation of Men
and Munition was read and paſſed in hæc verba.
and Commons
Hereas by Order of Parliament, Men, Arms, Munition and other TheOrdinance
Proviſions are ſuddenly to be tranſported from ſeveral Ports in of the Lords
this Realm, viz. Briſtol, Cheſter, and others, for which Service ii will
to impower
be requiſite that Ships be provided with all expedition ; It is this day the L.HighAd-
Ordered by the Lords and Commons în Parliament, that the Lord High vide Shipping,
Admiral of England be deſired to take care, that Ships ibe accordingly dc.
provided in the ſeveral Ports, reſpectively within this Kingdom, from
whence the aforeſaid Men, Arms, Ammunition and other Proviſions are
Ordered to be Transported into Treland, which is to be done with all ex-
pedition, the Parliament having reſolved to ſee Moneys fupplied for the
performance of this Service.
After this the Lord Keeper reported the Conference with the Houſe of
Commons to this effect.
That the Houſe of Commons have preſented to their Lordſhips fome The Report of
Propoſitions which have been Voted in their Houſe, and deſires their théConference
Lordſhips. to take them into conſideration, and join with them there- chins, &c.
V
4
in.
F
(1.) Concerning the Diſolving the Houſe of the Capuchiris, and the
Speedy ſending them away, according the former deſires of their Houſe
.
(2.) That the Ambaſſadors may bë fent to from both Houſes to deli-
ver up ſuch Prieſts of the King's Subjects as are in their Houſes.
(3.) That a Liſt may be brought in of the Queens Prieſts, and other
her Servants, and that a Liſt may be likewiſe brought in of the Prince's,
and other of the King's Childrens Servants.
(4.) That a Proclamation may iſſue for the Comimanding that all Stran-
gers, that are not of the Proteſtant Religion ( except ſuch as are Men
of Rank and Quality, and live here in ſuch a publick way, whereby notice
is taken of them, and of the Cauſe of their aboad in this Kingdom, do
deliver in Tickets of their Names, and an account of their ſtay here,
within two days after the iſſuing forth of the Proclamation, or elſe de-
part the Kingdom forthwith : And likewiſe requiring that all Inn-keepers,
or others, that entertain Lodgers to give Tickets of the Names of ſuch
as lodge in their Houſes within two days likewiſe after the iſſuing forth
of the ſaid Proclamation ; and that theſe Tickets be given by thoſe in
the City of London to the Lord Mayor and Aldermen of the Wards re-
Spectively where they reſide, and by thoſe of Middleſex and Surrey, and
other places within 10 Miles of London, to the Juſtices of the Peace next
adjoining to the place of their Reſidence'; and this Order to extend to
the City of London, and Ten Miles about.
(5.) That the Houſe of Commons had preſented their Lordſhips with
Some Scottiſh Papers, being Examinations concerning the late Deſign
againſt the Lord Marqueſs Hamilton, Earl of Arguile, and the Earl of
Lannerick. Likewiſe, they produced written from their committees at
Edinburgh, Letters dated the 27th of October, with an encloſed Paper
containing as follows, viz.
Vol. II.
I iii
The
I
1
t
.
1
7.
608 An Impartial Collection of all the memorable Events
W
Noveinb.
1 641.
The Paper of the 5th of Octoter, Exhibited by the Engliſh Committee
Otober the 7th, 1641.
I
Some Trans-
adions bc-
tween the
TA
liament.
HE Committees of the Parliament of England have now ſent down
ſufficient Moneys for the Total Disbanding of the Garriſons of Bar-
Engliſh Com. wick and Carliſle, and have Ordered, That it shall be Effected by the
mittce at Edin- ioth of this preſent Month; And have likewiſe taken a Courſe for remo-
Scotrilha Parving the Ammunition and Ordnance, and for ſlighting of the Works accord-
ing to the Treaty. We deſire therefore, That,that part of the Army which
is yet on foot, may be forthwith Disbanded, and that what new Fortifica-
tions havje been made in Scotland by occaſion of the late Troubles, may be
preſently demoliſhed according to the Same Treaty.
The Anſwer to the Paper delivered in, by the Engliſh Committees, to
the Committee of the Army Exhibited 7. Oktobris, 1641.
TH
Hat the Regiments which are yet on foot may be ſpeedily Disbanded,
they are drawn (according to the Order already given) near towards
Edenburgh, to the Effect they may with greater Conveniency be Muſtered,
and thereafter money may be given for their Pay, and forthwith disband-
ed. And any new Fortifications which have been made in Scotland by Oc-
caſion of the late Troubles, ſhall preſently be demoliſhed, that every con-
dition on our part may to your full Satisfaction be performed according to
the Treaty : And we do no wiſe doubt to find mutual performances, and
that the Garriſons at Barwick and Carliſle, according to the Orders of the
Parliament, be totally Disbanded; which being ſhewn to the Parliament of
England, we hope will give them Satisfaction.
[
4
:
22 October, 1641.
Produced by the Lord Chancellor and read in Audience of his Majeſty
and the Parliament, who nominates the Lord Burgley in place of the Earl
of Argyle, to be upon the Committee for providing Money to pay the Regi-
ments; And alſo Ordains, An Order to be given
to the Lord General for
cauſing the demoliſhing the Fortifications at Mordington, which was ac-
cordingly done.
Alex. Gibſone:
i
1
(6.) Concerning the putting the Cuſtody of the Iſle of Wight into another
hand, as formerly was deſired.
(7.) Concerning the ſecuring of the perſons of Papiſts upon the former
Propoſitions.
(8.) That the Earl of Eſſex may have Power from both Houſes to Com-
mand the Trained Bands on this ſide Trent, upon all Occaſions for the De-
fence of the Kingdom, and that this power may continue until the Parlia-
ment ſhall take further Order.
This Report being Ended, the Houſe cauſed thoſe particulars to be di-
ſtinctly read again, and gave theſe Reſolutions upon them:
Reſolved upon the Queſtion Nemine Contradicente,
That
"
i
!"
.
P
ܝܪ
the Lords up.
from the Scotch Rebellion to the King's Murther. 609
That the Houſe or Covent of Capuchins here in England ſhall be diſſola | Novemb.
ved.
I 641.
6
Concerning the ſending of the Capuchins out of the Kingdom,this Houſe
will ſuſpend giving any Reſolution therein,until a Liſt of the Queens Prieſts The Voces of
and Servants is brought in.
on theſe Eight
Reſolved upon the Queſtion,
Propoſitions.
That the Ambaſſadors be deſired from the Parliament, to diſmiſs out
of their Houſes, ſuch Prieſts as are the Kings Native born Subjects; and
in caſe they ſhall hereafter be found abroad, they ſhall not have any pro-
tection, but be proceeded in, according to the Laws of this Kingdom.
Reſolved,&c.
That the Lord Chamberlain of the Queen ſhall bring in a Liſt of the
Queens Prieſts and Servants, and the Lord Chamberlain of his Majesties
Houfhold ſhall bring in a Liſt of the Names of the Servants belonging to
the King, Prince, and the rest of the King's Children.
(4.) To the Fourth, It is Ordered, That this Houſe agrees to this Re-
Solution, but do refer the manner of ißuing out the Proclamation until the
Commiſſion given to the Lords of the Councel for ißuing out Proclamations
be peruſed.
(6.) Concerning the ſequeſtring of the Iſle of Wight into another Hand,
this Houſe thought fit to return this Anſwer to the Houſe of Commons,
That in regard they have offered no Reaſons for the ſame, their Lordſhips
know not how to give an Anſwer; But when they ſhall ſhew their Lórdſhips
Reaſons for ſo doing, they will take the buſineſs into Confideration.
(7.) Concerning the ſecuring the perſons of Recufants, It is Ordered, To
be debated on Monday Morning next.
(8.) Concerning the Earl of Eſſex's having Power over the Trained
Bands, this Houſe defers their Reſolutions concerning it, until the com-
miſſion of the Earl of Eſſex for Captain General of the South be brought
into this Houſe and peruſed, which is to be done on Munday next.
In the Commons Houſe, It was Ordered, That whereas Owen O Con-
Connelly Order
nelly who diſcovered the Treaſon in Ireland had 500 l. appointed him ined to have
part of Recompence, that Sir Robert Pye and Mr. Wheeler the Treaſurers 500 1. paid
for the Poll-money of Weſtminſter, do forthwith pay unto the said Con- preſcatiy
.
nelly the ſaid 500 l.
The greateſt part of the Morning was ſpent in preparing the Heads
for the fore-mentioned Conference with the Lords.
But among all theſe great Affairs, which were before them, the Faction
in the Houſe was ſtill at Leiſure, to fall upon the Loyal and Orthodox
Clergy, againſt whom they had a moſt irreconcileable Animoſity.
For upon a Complaint and Information given in to the Houſe by
ſome of the Zealots without Doors, who made it a great part of their
Religion, to Inform and Article againſt the Loyal and
Orthodox Clergy,
It was this day Ordered, That Dr. Fuller, Dean of Ely ſhall be ſent for as Dr. Fuller
a Delinquent, for divers dangerous, and ſcandalous matters delivered by Dean of Ely,
him in ſeveral Sermons : Thus did theſe perſons who would not permit rene for as a
the Clergy to intermeddle in Secular Affairs, boldly thruſt their Sickle his sermons.
into the harveſt of Spiritual Matters, though by the Confeſſion of One
of their own Members, in a Speech he faith he intended to have ſpoken
Vol. II.
Iiii 2
.
as
1
1
.
1
610 An Impartial Collection of all the memorable Events
Novemb.
1 6.41.
as this day, to arraign the Order of the 8th of September, they were not
Idonei & Competentes Judices,
This day it ſeems was fixed for the Debating the Validity of that Or-
der ; but by the intervening of other buſineſs, it was put off
, and ſo lay
fine die: however I think it is not fit to let the Speech ſleep fo too,which,
it may be, was the beſt that Unfortunate Gentleman ever made, or in-
tended to ſpeak in that place, where ſwimming down the rapid Torrent
of General Accuſations, of Fears and Jealouſies, he ſo far loft himſelf,
that when he would have done ſomething to the ſtopping the Breaches
in the Banks of the Government, which he had helped to cut, he found
it, as many others did, out of his power to Effect, and was himſelf in
danger of being preſently drowned in the Deluge, which he had helped
to raiſe with the Wind of Popular breath. The Speech as I find it in his
own Collections, pag. 37. was in theſe Words:
1
It
:
Maſter Speaker,
A Speech of
Sir Edward
E thinks, I am now going, to Walk upon the Ridge of a Houſe, a dan-
Derring's
gerous Præcipice on either Hand. On the one ſide, I muſt take heed,
about the Or that I ſpeak neither more nor leſs, than the inward Dictate of my own Conſci-
der of the ence: on the other Hand, I ſhall be afraid to preſunie above your better Judg-
Commons, of
ments. My Path is narrow: I muſt look to my Footing : Dixi cuſtodiam vias
Sept. 8. 1641.
meas, &c. I ſaid I will look to my Waies, that I Offend not in my Tongue. Thus
I preface, becauſe I foreknow, that I ſhall ſpeak to the diſlike of ſome Worthy
Members of this Honorable Houſe.
Sir, Two Queſtions are before us: Firſt in General, how far an Order of
this Houſe, is binding de foris ; not upon our own Members here, but
upon
the People, the King's Subjects abroad. Secondly, the Validity, and Invalidity
of your particular Order, of the Eighth, and Declaration of the ninth of Sepe
tember laſt.
For the First, I am clear in this Opinion, That we may enforce any thing,
that is undoubtedly grounded upon the Law of the Land : Shew me that Foun-
dation, and I will concur with you, in any Reſolution. We may alſo declare
againſt any Thing, that is introduced contrary to our Laws. Farther than
this, I know no Way, unleſs it be by Bill: and then I know no Limitation,
no Bound. Thus in brief for the General, I come now to your particular Or-
der.
Maſter Speaker, I ſhall be afraid to arraign your orders : I have already
been Controlled,( not for doing ſo, but as if I had done fa ) yet (Sir ) I have
often heard it in this Houſe, that we are Maſters of ow own Orders: and then
(I think) we inay in this place arraign them, that is, Queſtion them, Try
them, Approve, Alter, Reject or Condemn them. Was not our Proteſtation
inore ſacred than an Order? yet that was reviſed, and (to ſtop fome Objecti-
:) new Senced by us. And I take it lawful in this place, to arraign ( if
that be the Word) even an Act of Parliament, and then ( a fortiori ) an Order
of this Houſe.
Surely (Sir) I' ſhall ſpeak reverently of all your Orders, when I am abroad'; I
have done ſo of this. I am reſolved, that my Obedience, ſhall therein be found
good, although my particular Reaſon, be rebellant to your Concluſions. This
is my Duty abroad: but here in this Houſe, within theſe Walls, freedome is my
Inheritance, and give me lieve (I pray) at this time, to uſe a part of my
Birth-right.
The Seaſonableneſs, and the Equity of your Order, both are controverted.
You all know, that this is a dangerous time to make any determinations in
Matter of Religion : whether it be in the Doctrinal, or in the Practical Part
of God's Worſhip. Men are (now adays ) many of them more Wiſe, and
ſome of them more Willfull, than in former Times. The uſe and caution is
this: Let us, take care, that what we do, we do with due and full Authority
1
)
ons
1
HL
11
+
1
1
1
from the Scotch Rebellion to the King's Mürther. 611
1
1
ܕ
I would have nothing new ( in this kind) but by Authority of the three E- Novemb:
ſtates : and even then, Let us be wary that we Suit the Times with Applicati- 1641.
ons proper and ſeaſonable.
Hear me with Patience, and refute mie with Reaſon. Your Command is; That
all Corporal Boming at the Nane jeſus --- be henceforth forborn:
I have often wiſhed, That we might decline theſe Dogmatical Reſolutions ini
Divinity : I ſay it again and again. That we are not Idonei tomperentes judia
ces in doctrinal Determinations: The Theam we are now upon, is a fad Point,
I pray cônſider ſeverely on it:
You know there is a no other Name under Heaven given ambrig Men, whereby
me muſt be ſaved. You know that this is b a Name above every Name, c Oleum 6 Pbil
. 2.9
C Cantit. 1. 3:
cffufum Nomen ejus, it is the Carrol of his own Spouſe. This Name is by a
Father ſtiled Mel in ore, melos in aure, jubilum in Corde. This, it is the ſweet-
eſt and the fulleſt of Comfort of all the Names and Attributes of God, God
ту
Savior. If Chriſt were not our Jeſus, Heaven were then our Envy, which is
now our blelled Hope.
And muſt I, Sir, hereafter do no exterior Reverence; none at all, to God
my Savior, at the mention of his faving Name Jefus? why Sit, not to do it,
to omit it, and to leave it undone, it is queſtionable; it is controvertible
it is at Icaſt; a Moot Point in Divinity. But to deny it, to forbid it to be
done: take heed, Sir, God will never own you, if you forbid his Honor. Truly
Sir, it horrors me to think of this.
For my Part, I do humbly ask Pardon of this Houſe, and thereupon I take
Leave and Liberty, to give you my reſolute Reſolution. I may, I muſt, I will
do bodily Reverence unto my Savior, and that upon Occafion, taken at the
mention of his faving Name Jeſus. And if I ſhpuld do it alſo, as oft as the
Name of God, or Jehovah, or Chriſt is named in our ſolemn Devotionis, I do
not know any Argument in Divinity to Control-me.
Mr. Speaker, I Thall never be frighted from this, with that fond, ſhallow
Argument: Oh you make an Idol of a Nante. I beſeech you Sir, paine me a
Voice, make a found Viſible if you can: when you have taught mine Ears to
fee, and mine Eyes to hear, I may then perhaps, underſtand this Subtile Argu-
nient. In the mean time, reduce this dainty Species of new Idolatry, under
its proper Head, (the ſecond Commandment) if you can. And if I find it
there, I will fly from it ultra Sauramatas, any whither with you.
The Words are theſe, Thou ſhalt not inake to thy Self any graven Image, or any
likeneſs of any thing ( ullius rei ) that is in Heaven--or in Earth-- Can you here
find, the Name of God in this Deſcription of Idolizing ? Surely Sir, my Savior
is neither gauttdy nor oubous of any thing there forbidderi, nor id wors neither
Sculptile, nor Simulachrum, nor Idolum. All theſe are here, and' none but theſe,
and every of theſe doth ſignifie Spectrum aliquod, fome viſible Object. And
muſt do ſo, for to ſpeak properly, an Idol inviſible, is but imaginary Non-
Sence. When you can bring the Object of one Sence, to fall under the No-
tion and Diſtinguiſhment of another Sence; ſo that the Eye, may as well fee
a Name or Sound, as the Ear can hear it : then a Name, may be the Object.
of Idolatry : till then, this Argument will be too Sublime for my Under-
ſtanding.
God was neither in the ſtrong and mighty Wind, nor in the Earthquake, yet
theſe hardly ( if poſſibly)
can be figured, but a ftill ſmall Voice, this certainly is
beyond the curious Art of Man to expreſs, and conſequently free froin all poſſi-
ble Peril of Idolatry. And therefore thus in Deut. God doth Character him
ſelf. Te heerd the Voice of the Words, but ſaw no Similitude, only ye heard a Voice. Deut. 4* 12
As if he ſhould ſay, I know you prone unto Idolatry i but not commit Idolaring
to a Voicc, to a Sound, to a Name if you can. .
I am grieved to ſee that Wretched, Unlearned and Ungodly Pamphlet, afcri-
þed to Mr. Burton, with that daring Impious Title Jefu Worſhip, confuted:
where
by way of a ſcornful Sarcaſme, he is not afraid ( as with a Nick-Name ) to call
Chriſtians Jeſu-Worſhippers.
I return, Mr. Speaker, this ( as I ſaid ) is a fad Point in Divinity, tó forbid
extcrior Worſhip unto God. Was it ever heard before, that any Men of any
Religion, in any Age, did ever cut
ſhort, and abridge any Worlip, upon any
Occaſion
+
1
1
111
1
::
V
612 An Impartial Colle&tion of all the memorable Events
Novem,
Occaſion to their God? Take heed Sir, and let us all take heed whither we
are going. If Chriſt be Jeſus, if Jeſus be God, all Reverence ( exterior as well
I 641.
as interior) is too little for him. I hope we are not going up the back-Stairs to
Socinianiſme.
In a Word, Sir, I ſhall never Obey your Order, ſo long as I have a Hand
to lift up to Heaven, ſo long as I have an Eye to lift up to Heaven. For
theſe are Corporal Bowings, and my Saviour ſhall have them, at his Name Je-
fees.
Yet, Sir, before I end, give me lieve (I beſeech you:) to take off that, which
by miſtake, may clſe ſtick ſtill upon me. I never liked the Biſhoply Injuncti-
ons, in the late Novel Practices, nor the ſevere Inquiſition, upon the bare O-
million of this poſture. The Biſhops did rigorouſly exact it: upon their own
Heads, the Crime of that Enforcement lies. But I beſeech you ) let not us be
guilty in the other extream. Truly to my Sence it will ſavor leſs of Piety,
and more of Tyranny.
In the laſt Place, conſider ( I pray) that it is a Point Dogmatical, not yet
fully reſolved by Divines ; Let us then be wary in it. And let this (with ma-
ny other Points ) be referred to a National Synod. For one we muſt have, or
elſe we ſhall break our Religion into a thouſand Pieces.
For this preſent, my Motion is (as formerly) that this Order be ſuperſed-
ed, by declaring to the Commons ( as your Words in the Order are ) that
they do quietly attend the Reformation intended, and that in the mean time they
do ( as they ought ) obey the Laws that are.
A Letter was this Day read from the Lord Howard at Edinburgh,
Monday,
Novemb.8.
dated Novemb. 2d. 1641. directed to the Lord Keeper, declaring, That
the King had again moved the Parliament of Scotland, to take the Buſineſs
che L. Howard, of Ireland into further Conſideration, and though they will riot do
ſhewing the
any thing
King's Dill-
in it, till they hear from the Parliament of England, Tet they have taken
gence to Supa a ſurvey of what Shipping and Boats they have to Tranſport Men in, and
preſs the Irish
what Number of Men they are able to ſend over if need he;. and they find,
that they are alle to Land a conſiderable number of Men in the North of
Ireland, and that'with more ſpeed and leſs charge, then it can be done
from any other part of the Kings Dominions, and their Highlanders are
conceived proper to fight with the Iriſh in their own kind and Country
amongst Hills and Boggs.
1
Letter from
Rebellion.
1
!
.
i
..
.
1
An Information was given in by one Col. Hunkes, That two disbanded
Troopers, Moor, and Mac-Miller, had liſted about 40 Men, who were
lodged near the Iron Gate of the Tower, in St. Katharines, and that one
Bourk an Iriſt-man of Lincolns-Inn paid them 14 d. per diem; that ac-
cording to the Order of the Houſe he had taken care to diſarm them.
Whereupon Bourk being ſent for and Examined, confeſſed that he was
an Iriſh-man and á Roman Catholique ; That he did this to advance his
Fortunes, being to Command them in the Service of the King of Spain
againſt Portugal; That he received Money from the Spaniſh Ambaſador
to pay them, and that he did it upon the Order of the Houſe of Commons
dated the 26th of October laſt, which gave Licence to Transport the diſ-
banded Soldiers.
It appearing to the Lords, that the Order did Expreſly prohibit the
Tranſporting of any of the Kings Subjects Natives of England or Ireland,
Bourk was committed to the Cuſtody of the Gentleman Uſher during
the Pleaſure of the Houſe; Moor and Mac-Miller, were for a former
iniſdemeanor in abuſing the Lord General, Sir John Conyers, and aſſault-
ing and ſending a Challenge to one Captain Triſt, committed before to
Newgate.
Here-
:
11
HH *
i
TWIP
li
TO
hul
5
1
THI
1
from the Scotch Rebellion to the King's Murther. 613
Hereupon Order was ſent to the Conſtable of the Tower, to keep dili- | November,
gent Watch for the Safeguard of it. The Juſtices of the Peace for Mid 1641.
dleſex, and the City of Weſtminſter were alſo Ordered, to make ſpeedy
and diligent ſearch in and about the Suburbs of London and Weſtmin-
ſter', What Irish are reſiding in their ſeveral Juriſdictions, and
to cauſe their Names to be taken, and return them into this Houſe, and
to cauſe ſtrong and good Guards to be ſet upon ſuch as they find to be
dangerous' and ſuspected Perſons, untill the pleaſure of this Houſe be fur-
ther known.
Directed,
To William Roberts, fohn Hooker, and Thomas Shepherd,
Juſtices of the Peace for Middleſex.
ed to the In-
1
Order of the
Upon the reading the Petition of the Biſhops that are Impeached, Council aſſign-
ſhewing, That the Councel that was aſigned them by this Houſe refuſe to
peached Bi-
be of Council for them, becauſe they being Commoners are involved in all thops
.
the Acts and Votes of the Houſe of Commons, Hereupon it was Ordered,
That Serjeant Jermin, Mr. Hern, Mr. Chute, and Mr. Hales, be ſent for
to give their Anſwers herein.
It was alſo this day Ordered by the Lords in Parliament, That the Lords to ex.
Treaſurers, Recorders, Readers, and Benchers of the Societies of the four pel all Romiſh
Inns of Court, ſhall make or cauſe to be made diligent Search and Ex- of the Inns of
amination, whether there be any Recuſants of any Nation whatſoever,-ad-court and
mitted into their ſeveral Houſes, or into the Inns of Chancery belonging
Chancery.
thereunto, or live within the
ſame Houſes : And if upon ſearch any Thall
be found, that they be forthwith diſmiſed, and expelled out of the ſaid
Houſes. And it is further Ordered, That no Romiſh Recufant Mall
hereafter be admitted into any the ſaid Inns of Court, or Inns of Chan-
cery, upon any pretences whatſoever.
Directed,
To the Treaſurers, Readers, To the Treaſurers,&c. of the
and Benchers of the So-
Middle Temple.
ciety of the Inner-Temple.
To the Treaſurers, &c. of To the Treaſurers, &c. of
Grayes-Inn.
Lincolns-Inn.
In the Commons Houſe it was likewiſe Ordered, That the Oaths of Commons to
Allegiance and Supremacy ſhall be tendred to the Iriſh Gentlemen, and ſuch tender the
others as are ſuſpected for Recuſants, as are within the Inns of Court, giance and
that are Students there, and that the Lord Keeper ſhall be deſired to Sapremacy to
award a Commiſion to that purpoſe, to the Benchers of the ſeveral Inns of Iriſh Recu-
Court reſpectively.
It was alſo Ordered, That all ſuſpected Perſons, Iriſh and others, that Inns of Court.
do endeavour to paß over into Ireland, ſhall be Examined by the Mayor, Commons to
or other Officers of the ſeveral Ports, where they endeavour to take Ship Examine all
ping, upon ſuch inſtručtions as they ſhall receive from this Houſe, and vouring to
that the ſaid Officers do tender unto all ſuch perſons the Oaths of paſs over into
Allegiance and Supremacy, and to Convict ſuch according to Law.
An
ſants and o-
thers in the
Ireland.
3
ſaid he, of a Company of Rebels and Raſcals the Parliament hath diſho-
614 An Impartial Collection of all the memorable Events
Novemb. An Information was this day given in to the Commons againſt one
1 641. Mr. Carter, a School-Maſter at High-gate, for words ſpoken by him,
Law Viz. That Mr. Carter ſaid, That they were mad that would read the
Order of the Houſe of Commons of the 8th of September, concerning 11-
novations : And for the Proteſtation, ihere were none but fools had taken
it. Whereupon Mr. Green, who was alſo preſent, ſaid he had taken it
;
Carter replied, It was for want of information, and he would maintain,
that it was againſt Reaſon, Juſtice and Law; and whereas, ſaid he, it is
to maintain the Priviledge of Parliament, no Juſtice of Peace, nor Con-
Stable, but had as much priviledge as they had : And faid further, That
it was againſt the King and State : I anſwered him, Are you wiſer than
two Kingdoms, for the Scots have taken it likewiſe : What do you talk,
Chamberlain
an Informer
+
to anſwer
their Im
November 12.
Earl of Lli-
noured the King and Kingdom, by making a Peace with them. Upon
which complaint it was ordered, That Carter ſhould immediately be
taken into Cuſtody by the Sergeant at Arms.
By which paſſage the Reader may plainly ſee the Genius of thoſe
times, and of thoſe Men, who verified the ſaying of the Poet, Nec Hof-
pes ab Hoſpite tutus. No perſon could in common diſcourſe have the
freedom of converſation, but was in danger of theſe Zealous Informers,
who made it their buſineſs, to run with informations to the Houſe of
Commons, againſt ſuch as durſt oppoſe their Votes, and Arbitrary Or-
ders.
Tueſday Serjeant fermin, Mr. Chute, and Mr. Hales appeared this day before
Novemb. 9. the Lords, and declared themſelves willing to be of Council with the
Lords the Biſhops in the Impeachment brought up from the Houſe of
The Biſhops Commons, as they were formerly aſſigned by the Houſe ; Whereupon
it was Ordered, That the Biſhops that are impeached, Jhall put in their
peachment Anſwers to the ſaid Impeachment, on Friday Morning next, and that the
upon Friday,
Bill concerning the Biſhops Votes ſhall be deferred until then.
Upon report of the Lords Committees for the Iriſh Affairs, that the
cefter fcruples Earl of Leiceſter Lord Lieutenant of Ireland, making ſome ſcruple of
raiſing men
raiſing Men to be imployed in the buſineſs of Ireland without the King's
Kings Com Commiſſion, and his Lordſhip defiring to have the Authority of the
Parliament for the ſame in the mean time: It is thought fit, and fo Or-
dered by the Lords in Parliament, according to the Power given unto
them, by His Majeſty, mentioned in an Order dated the ſixth of No-
vember, 1641. That the ſaid Lord Lieutenant ſhall have full power by
virtue of this Order to Levy Men according to the Order given him from
the Parliament, in the interim, until His Majeſty Mall grant him a Com-
million under the Great Seal of England for his Warrant for ſo doing.
The Houſe of Commons did alſo take notice of the Doubt of the
Earl, but notwithſtanding did reſolve and think fit that he ſhould pro-
ceed to raiſe men for the Service by Virtue of the Ordinance of Par-
liament.
It was alſo Ordered by the Lords and Commons, That the Lord Vif-
count Wilmot, Sir John Conyers, Sir Jacob Aſhly, Sir Simon Harcourt,
Sir John Heyden, Sir Foulk Hunks, Sir Thomas Glemham, Sir Robert
King, Colonei Culpeper, Colonel Vavaſor, Lieutenant Colonel Ballard, and
Captain Skippon ſhall be Aſſiſtants, as a Council of War, to the Commit-
tees of both Houſes of Parliament, appointed for the Affairs of Ireland
and
without the
million.
A Council of
War for the
Affairs of
Ireland.
L
I
the Laws a
cution ſpec.
CON-
1
Letters from
from the Scotch Rebellion to the King's Murther. 615
and have full Power, by virtue of this Order, to meet and conſider of the Novemb.
preſent ſtate and condition of the ſaid Kingdom, and alſo of an Eſtabliſhment 1641.
for the Army.
The Lords then entred upon the Conſideration of the Propoſition with the com-
ſent from the Commons, concerning ſecuring the Perſons of Popiſh Re- mons, to put
cuſants; and after a long Debate, the Reſult was this, That whereas the
gainſt the Pas
Houſe of Commons deſired, that the perſons of the Romiſh Recufants, piſts in Exe-
for the ſafety of the Kingdom. might be ſecured, this Houſe doth
dily
Sent with them therein, and Orders, That the Laws of this Kingdom ſhall
be
put into Execution againſt them preſently.
Upon the deſire of the Commons by Mr. Pym, it was Ordered by France and
the Lords, That the Foreign Letters from France and Antwerp be ſtop Antworp ſtop.
ped, and peruſed by the Lords Committees for opening Letters; there pedo
being, as Mr. Pym
ſaid, ground and intelligence, that thoſe Letters will
diſcover fome Root of the Rebellion ih Ireland.
The Declaration of the State of the Kingdom was alſo this day read,
and it was moved that a Conſideration of theſe particulars might be
added, and which is very uncommon, I find in the Margin of the Jour-
nal the Names of the Perſons which made the ſeveral Motions, which
in regard it is to be ſuppoſed they did it in futuram rei Memoriam, that
Poſterity might not hereafter be to ſeek for their Names, I will take
care to tranſmit them down to future Ages ; but 'whether they will
have Statues Erected for the Achievement I cannot promiſe, unleſs it
be of Infamy.
Moved, That the laſt Expedition into Germany.
7.C.búr whe-
The Loans upon Privy Seals.
The Commiſion of Exciſe might be added.
The Additional Explanation to the Petition of Right.
Palmer I ſup-
pore.
The Declaration ſet forth upon the Breach of both Parliaments. Strode.
The Proclamation ſet forth, forbidding People ſo much as to talk of a Wingate
.
Parliament.
Gun-Powder Monopoly, as it was a Project for the difarming of the 1. Ci
Kingdom.
The deſtruction of Timber, eſpecially in the Forreſt of Dean by Recu- Wilde
.
Sants.
The Entituling the King to the Lands between High-Water, and Lowa S.C.
Water mark.
The abuſes of Purveyors and Salt-Petre men.
whitlock.
The Commiſion of Sewers to be further Explained.
The Court of Wards.
Smyth.
The furiſdiction of the Council of the Marches.
The Council Table, as they take Cognizance of Me & Te.
The Buying and Selling of Honours
and Dignities.
The further Debate ordered to be reſumed to Morrow.
Vol. II.
Kkkk
Thël
cher Corbet or
Clotwortby, 1
cannot tell.
Cromwele
I
1
1
f
FL
1
616 An Impartial Collection of all the memorable Events
.
Novem.
1 641.
The Lord Keeper Reported the Conference with the Commons Ye-
ſterday, That Mr. Pym delivered by Command divers Heads agreed upon
Wedneſday, by the Commons, which are Inſtructions to be ſent to the Commiſſioners of
Novem. 10. both Houſes now attending his Majeſty in Scotland, which they deſire
tkeir Lordſhips to joyn with them in.
The Inſtructions were read in hæc verba :
fioners in Scot-
-
'
the regions (1.)
Ou Stall humbly inform his Majeſty, That the Propoſitions made
to the Parliament of Scotland, concerning their Aliſtance, for
land, Nov.joll, ſuppreſling the Rebellion in Ireland, hath been fully conſidered and debated
1641. by both Houſes of Parliament here; and their Wiſe and Brotherly Ex-
preſſions and Proceedings are apprehended and Entertained here by us,not
only with Approbation but with Thankfulneſs ; Wherefore we deſire that
liis Majeſty will le pleaſed, That You in the Name of the Lords and Com-
mons of England, gire pullick Thanks to tle States of the Parliament of
Scotland for their Care and Readineſ to imploy the Forces of that King-
dom for the reducing the Rebellious Subjects of Ireland to their due Obe-
dience to his Majeſty and the Crown of England.
(2.) Tou ſtall further make known to his Majeſty, That in the great
and almost Univerſal Revolt of the Natives of Ireland, cheriſhed and fo-
mented, (as we have Cauſe to doubt) by the Secret Practices and Encou-
ragements of ſome Forreign States, ill-affected to the Crown, and that the
Northern Parts of that Kingdom may with much more Eaſe and Speed be
ſupplied from Scotland, than from England, We humbly deſire and beſeech
his Majeſty to make uſe of the Aſſiſtance of his Parliament, and Subjects
of Scotland, for the preſent Relief of thoſe parts of Ireland, which lie nea-
reſt to them, according to the Treaty agreed upon, and confirmed in both
Parliaments; and this Affectionate und Friendly Diſpoßtion now lately
Expreßed, as is more particularly ſpecified in the 5th Article.
(3.) Tou friall preſent to His Majeſty, the Copy Encloſed of the Decla-
ration which We have ſent into Ireland, for the Encouragement of his good
Subjects there, and for the more ſpeedy and Effettual oppoſing of the Re-
bels, and in Execution and performance of our Expreſſions therein made
of Zeal and Faithfulzeſ to his Majeſties Service, We have already taken
Care for 50000 l. to be preſently Borrowed and Secured by Parliament ;
We have likewiſe reſolved, to haſten the Earl of Leiceſter, Lord Lieute-
nant of Ireland, very Speedily to repair thither, and forthwith to raiſe a
Convenient number of Horſe and Foot, for ſecuring Dublin, and the Engliſh
Pale, with ſuch other Parts as remain in his Majeſties ſubjection, intend-
ing to ſecond them with a far greater Supply:
4.) We have further.Ordered and Directed, That his Majeſties Armas
and Munition lying in the City of Carliſle, Stall be Tranſported into the
North Parts of Ireland, for the supply of Carrick-fergus, and other his
Majeſties Foris and Garriſons there ; and that a convenient Number of
Men, ſhall be ſent from the North Parts of England, for the better Guard
and Defence of thoſe Forts and Countries adjoyning, and that a large pro-
port.on of Arnis and other Munition shall be speedily conzeyed out of his
Majeſtie's Stores to Weſt-Cheſter, to be diſpoſed of according to the Di-
rection
1
5
-:
14
:
::
N
.
.
1
1
:
H
1
I,
1
L-
+
17!
.
be 1641.
TI
I
1
from the Scotch Rebellion to the King's. Mürtber.
617
rection of the Lord Lieutenant of Ireland, for arming the Men to be ſent Novem.
from England, and ſuch other of his Majeſties Loyal Subjects as may
raiſed in Ireland.
(5.). And becauſe wë underſtand, That the Rebels are like with gredt
ſtrength to attempt the ruin and deſtruction of the Brittiſh Plantation in
Ulſter, we húmbly Adviſe his Majeſty, by the Council and Authority of his
Parliament in Scotland, to provide, that one Regiment conſiſting if 1000
men, furniſl’t and accompliſh't with all neceſſary Arms and Munition as
ſhall ſeem beſt to their Great Wiſdoms and Experience, may with all pos-
fible ſpeed be Tranſported into Ireland, under the Command of ſome Worthy
Perſon, well affected to the Reformed Religion, and the Peace of both King-
doms, and well Enabled with Skill
, Fudgment and Reputation for ſuch an
Employment; which Forces we deſire may be Quartered in thoſe
Northern Parts for the Oppoſing the Rebels
, and comfort and Aſſiſtance of
his Majeſties good Subjects there, with Inſtructions from his Majeſty and
the Parliament of Scotland, that they ſhall upon all Occaſions, purſue and
obſerve the Direčtions of the Lord Lieutenant, his Lieutenant General, or
the Governor of Ireland, according to their Authority derived from his
Majeſty and the Crown of England.
(6.) And as touching the Wages and other Charges needful, which this
Aſiſtance will require, We would have You in our Name, to beſeech His
Majeſty to commend it to our Brethren the Eſtates of the Parliament of
Scotland, to take it into their Care, on the behalf of His Majeſty and this
Kingdom, to make ſuch agreements, with all the Commanders and Soldiers
to be imployed, as they would do in the like Caſe for themſelves, and to
let them know, For Our parts We do wholly rely upon their Honorable and
Friendly dealing with us, and will take Care that Satisfaction be made
accordingly.
(7.) Tou ſhall repreſent to his moſt Excellent Majeſty this our Humble
and Faithful Declaration, that ipe cannot without much grief remember the
great Miſeries, Burthens and Diſtempers, which have for divers Tears
afflicted all his Kingdoms and Dominions, and brcught them to the laſt
point of Ruine and Deſtruction; all which have iſſued from the Cunning,
Falfe and Malicious Practices, of ſome of thoſe who have been admitted
into very near Places of Council and Authority about him; who have been
Favourers of Popery, Superſtition and Innovation, Subverters of Religion,
Honor and Juſtice, Fałtors for promoting the Deſigns of Forreign Princes,
and States ; to the great and apparent danger of His Royal Perſon, Crown
and Dignity, and of all his People ; Authors of Falſe Scandals and fea-
loufies betwixt his Majeſty and his Loyal Subjects, Enemies to the Peace,
vnion, and confidence betwixt Him and his Parliament, which is the
Jureſt Foundation of Proſperity and Greatneſs, to his Majeſty, and of Coma
fort and Hope to them ; That by their Councils and Endeavours; thoſe
great Sums which have been lately drawn from the People have been either
conſumed unprofitably, or in the maintenance of ſuch Deſigns, as have been
Miſchievous and Deſtructive to the State; and whileft we have been la-
bouring to Support his Majeſty, to purge out the Corruptions, and reſtore
the Decayes both of Church and State, others of their Faction and Party,
have been contriving by Violence and Force to füppreß the Liberty of Par-
liament, and indanger the Safety of thoſe who have oppoſed fuch wicked
and pernicious Courſes.
Vol. II.
K k k k z
8. That
:
--
.
1
618 An Impartial Collection of all the memorable Events
-
Novem.
1 641.
.
7,
II
(8.) That we have juſt Cauſe to believe, That thoſe Conſpiracies and
Commotions in Ireland, are but the Effects of the Same Councils; and if
perſons of ſuch Aims and Conditions ſhall ſtill continue in Credit, Authority
and Imployment, the great Aids which we ſhall be inforced to draw from
his People for fübduing the Rebellion in Ireland, will be applied to the Fo-
menting and Cheriſhing of it there, and Encouraging Some jich like attempt
by the Papiſts and ill-affected Subjects in England, and in the End, to the
Subverſion of Religion, and deſtruction of his Loyal Subjects in both King-
doms ; And do therefore moſt humbly beſeech bis Majelly, to change thoje
Councils, from which ſuch ill Courſes have proceeded, and which håre Cau-
sed ſo many Miſeries and Dangers, to himſelf and all his Dominicns, and
that he will be graciouſly pleaſed to imploy Juch Councils and Miniſters, as
ſhall be approved of by his Parliament who are his greateſt, and most
Faithful Council, that ſo his people may with Courage and Confidence un-
dergo the Charge and Hazard of this War,and by their Bounty and Faith-
ful Endeavours, with Gods Bleſing reſtore to his Majeſty and this Kingdom,
that Honor, Peace, Safety and Proſperity, which they have Enjoyed in
former times.
And if herein his Majeſty ſhall not vouchſafe to condeſcend to our humble
Supplication, although we ſhall always continue with Reverence and Faith-
fulneſs to his Perſon, and to his Crown, to perform thoſe Duties of Service
and Obedience, to which by the Laws of God and this Kingdom, we are
Obliged, Tet we ſhall be forced in diſcharge of the Truſt which we ow to the
State, and to thoſe whom we repreſent, to Reſolve upon ſome ſuch way of
defending Treland from the Rebels, as may concur to the Securing our
ſelves from ſuch Miſchievous Councils and Deſigns, as have lately been,and
ſtill are in practice, and agitation againſt us, as we have juſt cauſe to be-
lieve, and to commend thoſe Aids and Contributions which this great
Neceflity.ſhall require, to the Cuſtody and Diſpoſing of ſuch Perſons of Ho-
nor and Fidelity as we have Cauſe to confide in.
L
1
#
!1
TH
t
!11
The Faction, as the Reader may before have obſervcd, had upori all
Occaſions, indeavoured to lay hold upon the Soveraign Power of the
Sword, and indeed, nothing leſs could Protect them from tlieir oun
Fears of a future Réckoning, which they were affraid they muſt make,
if ever the King's Affairs came into a proſperous Condition, and fetled
Poſture. But certainly, next to the Execrable Retellion in Ireland,
it was one of the moſt barbarous Outrages, to a mcft Excellent
Prince, whoſe Indulgence was his greateſt Crime, rot only to charge
him with the Fomenting, and in a manner, Contriving this moſ wick.
d. Rebellion, as is evident, by theſe Venemous Reflections they intend-
ed to do ; but to take this advantage of the Misfortune of his Affairs,
to wreſt from him, that little remainder of Power, and Regal Authori.
ty, which he had not hitherto diveſted himſelf of. But this was the
Refolution, of theſe Ingrateful and Ungenerous Subjects, whoſe un-
bounded Ambition, all the Streams of Royal Bounty, were not able to
ſatisfie, ſo long as the King was the Fountain of them; and they were
determined, to make uſe of his Majeſties extreme Neceſſity, as they
had ever hitherto done, to advance their own wicked Incendments, and
rather then fail of them, to raiſe a more deſperate Rebellion in Eng-
land, inſtead of applying themſelves vigorouſly, as they were in Duty,
Honor and Conſcience Cound, to aſſiſt his Majeſty to ſuppreſs the o-
ther
:
.
IL
1
k
IL
+NI
to ih
TH
".
-1
!
الى F1
T
111
'18
12
מר
.
ni
ha
1
IM LUL.
"!
',!!
1 641.
from the Scotch Rebellion to the King's Murther. ,619
ther in Ireland : and let their Pretences be never ſo glorious, for the Novemb.
Preſervation of the Reformed Religion and Intereſt, yet it is evident,
that even from the very firſt Eruption of this Rebellion, they had a
Deſign, to make their own Terms with the King, and to oblige him,
under the Pretence of abandoning Evil Counſellors, to devolve the in-
tire Trult of the whole Nation, and conſequently his Crown and Dig.
nity into their Hands, and to leave him only the vain ſhaddow
of Sovereignty and Majeſty, and unleſs he would Conſent to this,
they muſt, as they ſay, be obliged to take other Meaſures, for the ſecu-
ring themſelves from luch miſchievous Councils and Deſigns, as have
lately been in Practice and Agitation againſt them; and a little time
diſcovered what ways thoſe were, for in Reality, this was no new
Deſign, the crucifying Remonſtrance of the State of the Kingdom, had
been long hewing, and theſe were but fome Chips of that Block, only
they were wanting a fit Occaſion, and this offering it felf, they were
reſolved to lay faſt hold upon it. But in regard, though they had
ſorely ſhaken and diſabled the third Efate of the Lords Spiritual in Par-
liament, by the repeated Batteries'of Impeachments, and Bills to take
away their voices, yet there was a great Number of the Lords Tem-
poral
, whoſe uoſtained Loyalty and Fidelity to the Crown, and Royal
Intereſt, might prove dangercuſly Obſtructive to their wicked Inten-
tions, they were reſolved, to attempt, to deceive as many of them as
they could, by their popular Rhetorick, upon this Topique of the dan-
of evil Counſels and Counſellors, and if any proved refractory, or
had Conſtitutions too ſtrongly amuletted with Loyalty againſt this
inſinuating Poiſon, they had other more ſevere Methods of purging
the Body Politick and Repreſentative, to be made :uſe of upon Occaſion,
as we ſhall ſee hereafter.
Upon this Subject of evil Councils and Counſellors, Mr. Pym the
great Oracle of the Faction, took Occaſion at this laſt Conference, to
diſplay his Talent in theſe Terms.
1
1
1
1
ger
N
E ſaid, he was to ſpeak touching the ill Councils, which lie laid down in Mr. Pyn's
theſe ſeveral Steps.
Speech at the
Conference,
(1) Firſt, That the Dangers which come to the State by ill Councils, are ill Council,
the moſt pernitious of all others, and ſince it is uſual to compare Politick Bo- November 16.
dies, with the Natural, the Natural Body is in danger divers Wayes; either
by outward Violence, and that may be foreſeen and prevented, or elſe, by leſs
appearing Maladies, which grow upon the Body, by Diſtenipers of the Air,
immoderate Exerciſé, Diet, &-c. and when the Cauſes of the Diſeaſe are clear,
the Remedy is eaſily applied, but Diſeaſes, which proceed from the inward
Parts, as the Liver, the Heart, or the Brains, the more noble Parts, it is a hard
thing to apply Cure to ſuch Diſeaſes.
III Councels they are of that Nature, for the Miſchiefs that come by evil
Councel, corrupt the Vital Parts, and overthrow the Publick Govern-
(2) * The ſecond step is, That there have been. lately, and ſtill are, ill * If this had
Councils in this Kingdom, and about the King. (1) That there hath been been applied
lately, you will not doubt, when the main Courſe of the Government, hath to himſelf and
his Fadlonghe
been ſo imployed, as Popery thereby hath been maintained, the Laws ſub-
never spoke
verted, and no d:ſtinguiſhing between Juſtice and Injuſtice: and that there is more truth in
ſtill reaſon to doubt, is apparent by the Courſes taken to advance miſchievous his whole life.
Deſigns, but that his Majeſties Wisdom and Goodneſs kept them from the
Heart, though they were not kept out of the Court; ſo moſt Principal and
miſchievous Deſigns, have been practiſed by ſuch, as had near Acceſs unto his
Majeſty,
ment.
.
61
ht
н
ccace.
!
1
620. An Impartial Colle&tion of all the memorable Events
Novemb. Majeſty, though not to his Heart; and the Apologiſts and Promoters of ill Coun-
İ 6 4 İ.
ſels, are ſtill preferred.
(3) The third Step is, That the ill Counſels of this Time, are in their own
Nature, more miſchievous, and more dangerous, then the ill Counſels of for-
mer Times; former Counſels, have been to pleaſe Kings in their Vices, * from
* A remarka.
which our King is free, and ſometimes for racking of the Prerogative, if it
ble Teſtimony
from an Ene-
had gone no further, it had brought many Miſeries, but not Ruine and De-
my of the
ſtruction, but the ill Counſels of this Time, are deſtructive to Religion and.
King's Inno Laws, by altering them both; therefore, more Miſchievous in their own Nature,
then thoſe of former Times.
(4) The fourth Step is, That theſe ill Counſels, have proceeded from a
Spirit and Inclination to Popery, and have had a Dependance on Popery, and
all of them tend to it; the Religion of the Papiſts, is a Religion incompati-
ble with any other Religion, deſtructive to all others, and doth not indure any
thing that oppoſeth it: whoſoever doth withſtand their Religion, if they have
Power they bring them to Ruin.
There are other Religions that are not right, but not ſo deſtructive as Pope-
ry is; for the Principles of Popery, are deſtructive to all States and Perſons
that oppoſe it; with the Progreſs of this miſchievous Councel, they provide
Counſellors, fit Inſtruments and Organs, that may execute their own Deſigns,
and to turn all Councils to their own Ends; and you find that now in Ireland, that
thoſe Deſigns, that have been upon all the Three Kingdoms, do end in a War,
for the maintenance of Popery in Ireland, and would do the like here, if
they were able, they are lo intentive, to turn all to their own Advan-
tage.
(5) The fifth Step, That unleſs theſe ill Councils be changed, as long as
they continue, it is impoflible, that any Alliſtance, Aid or Advice that the Par-
liament can take to reform, will be effectual; for the Publick Orders and Laws
are but dead, if not put in Execution; thoſe that are the Inſtruments of State
they put things into Action ; but if acted by Evil Men, and while theſe Coun-
ſels, are on foot, we can expect no good, it is like a Diſeaſe that turns Nutri-
tives into Poyſon.
(6) The ſixth Step is, That this is the moſt proper time, to deſire of his
Majeſty the Alteration and Change of the evil Counſellors, becauſe the Com-
mon-Wealth is brought into Diſtemper by them, and ſo exhauſted, that we can
indure no longer.
Another Reaſon, why we cannot admit of them, is to ſhew our Love and
Fidelity to the King, in great and extraordinary Contributions and Aids; when
God doth imploy his Servants, he doth give fome Promiſe, to'roufe up their
Spirits, and we have reaſon now to expect the King's Grace in great abun-
dance, this is the time, wherein the Subject is to ſave the Kingdom of Ireland,
with the hazard of their Lives and Fortunes. And therefore expect from his
Majeſty, in a more larger and bountiful Manner, then at other times; A
tinie of great Agitation and Action, their State is ready by preparation to an-
noy us, and ill and falſe Councils at home, may quickly bring us to Ruin; as
we have weakneſs at home, ſo we ought to decern the Actions abroad, where
great Proviſions are made; and a careleſneſs and improvidence herein, when
our Neighbours are ſo provided, and have ſuch great Fleets at Sea; as will
open
a Way. to ſuddain Ruin and Deſtruction, before we can be prepared, and there-
fore now the fitteſt time to move the King.
(7) The ſeventh and laſt Step is, That this Alteration of Councils, will
bring great Advantages to the King in his own Deſigns. In all our Actions,
our Prayers to God ſhould be, that his Name ſhould be Glorified, fo our Peti-
tions to his Majeſty, ſhould bring Honor and Profit and Advantage to him, by
a diſcouragement to the Rebels, a great part of their Confidence reſting in
the Evil Counſels at home, as by the Examinations appeareth: it will be a
great Encouragement to the King's good Subjects at home, who hazzard their
Lives, and give Aid and Contribution, to have things governed for the Pub-
lick Good; it will make Men afraid, to prefer Servarits to the King that are ill
Counſellors, when they ſhall conie to the Examination of the Parliament, forma-
ny times Servants are preferred to Princes, for advantage of Forreign States."
This
+
1
1
I
1
h
1
1 641.
}
dit and Authority of both Houſes of Parliament, for the ſecuring and re-
from the Scotch Rebellion to the King's Murtber. 621
This will put an Anſwer into the King's Mouth, againſt all Importunities, Novem.
that he is to prefer none, but ſuch as will be approved on by Parliament, thoſe
that are Honorable and moſt Ingénious, are apteſt to be troubled in this kind,
and not to deny, therefore the King may Anſwer, he hath promiſed his Parlia-
ment, not to admit of any, but by Advice in Parliament, this will Anſwer
them all.
Theſe are Domeſtick Advantages, but it will alſo make us fitter 'to enter
into Union and Treaty with Foreign Nations and States, and to be made
par-
takers of the Strength and Aſſiſtance of others; It will fortifie us againſt the
Deſigns of Foreign Princes; there hath been common Council at Rome and
in Spain, to reduce us to Popery ; if good Counſel at Home, we ſhall be the
better prepared, to preſerve Peace and Union, and better Reſpect from A-
broad.
Laſtly, it will make us fit for any Noble Deſign Abroad.
Let us but turn the Tables, and imagine this Speech ſpoken by ſome
Loyal Gentleman againſt Mr. Pym and his Confederates, and we ſhall
find all thoſe miſchiefs and dangers from ill Counſels and Evil Counſel-
lors, the Alteration of Religion, and Subverſion of Laws, the Encourage-
ment of the Iriſh Rebellion, the Impoveriſhment of the Nation, the Loſs
of Liberty and Property, the Ruin of the King and Kingdom, to be the
Natural Effects of their Conſultations and Actions. But in order to ac-
compliſh their Wicked Deſigns, the People muſt be affrighted with the
danger of approaching Popery, the preſent Government traduced witli
intentions of re-introducing it
, and the King muſt be Wounded through
the sides of the moſt Faithful of his Friends ; Theſe were the Popular
Arts, by which, after they had by repeated Flatteries, Importunities and
Promiſes, obtained from the King thoſe Fatal Conceſſions before men
tioned, they purſued their Deſign, and by Arming thoſe People, whom
they had deluded with the pretence of Religion, and hurrying them on
into Actual Rebellion, they fought by Violence to obtain that, which
they could not do by Fraud and Flattery.
But to proceed ; After this an Order was read in the Houſe of Lords
made by the Houſe of Commons, Dated Nov. 9. 1641.
That an Ordinance of Parliament may paſs, to engage the Honor Crea
paying to the City, the 50000 l. with Intereſt, deſired to be borrowed of
them, for the Occaſions of Ireland, and that a proviſional Act, ſhall paſs
with all Speed, for repayment of the ſaid Summ with Intereſt, within fix
Months
Next an Ordinance of Parliament was read, concerning the Iriſh Af-
fairs in, hæc verba, viz.
1.
1
1
T
W
HEREAS there is juſt Cauſe to conceive, that diverſe ill Af TheOrdinance
fected Perſons here being Natives or Inhabitants of Ireland, do of Parliament
intend to paſs over thither, to joyn with the Rebels: It is Ordained by any Iriſla to
the Lords and Commons in Parliament, that no Iriſh Man ſhall paſs out paſs out of
of any the parts of this Kingdom, to return into Ireland; without ſpecial England wich-
Licenſe of the Committees of both Houſes for Triſh Affairs, or the Lords Coco
of bis Majeſties moſt Honorable Privy Council, or of the Lord Lieute-
nant of Ireland ; It is further Ordered, That nó Arms, Munition or. Pow
der ſhall be tranſported, without ſuch Licenſe as is aforeſaid. It is like-
wiſe Ordeined by the ſaid Lords and Commons, That whereas upon the
perufal of diverſe. Letters, and other Intelligence here, there is juſt
Cauſe
r!
+
1
نما
Some Orders
of Commons
622 An Impartial Collection of all the memorable Events
Novemb. Cauſe to fufpect, that diverſe of his Majeſties Subječts in Ireland, had
1 641. Some Hand in the Conſpiracy, and Rebellions of the Iriſh. That the Lord
Lieutenant ſhall certifie from time to time, during his Aboad in England,
into Ireland the Names of ſuch ſuspected Perſons, and the the Grounds
and Reaſons of the Sufpition, and that thereupon the Lords Juſtices of
Ireland, and the reſt of his Majeſties Council there, ſhall enter into Exami-
nation of the ſaid Parties, and ſhall have power to commit them to Pri-
son, till the Truth may be fully diſcovered, that so they may either be
cleared, if they be Innocent, or if they be found Guilty, they may be pro-
ceeded againſt according to the Laws ; And that this Ordinance of Par-
liament, ſhall be a ſufficient Warrant to the Lord Lieutenant, Lords fu-
ſtices, and Council aforementioned.
The Lord Admiral then acquainted the Houſe, That he had Command
and Directions from his Majeſty, to ſend ſome Ships, for the Guuarding
of the Iriſh Coaſts, and alſo fome Ships to keep the Narrow Seas; becauſe
his Majesty conceives, that the Rebellion from Ireland is fomented from
abroad, and that they expect ſome Supply from Foreign Parts
. And his
Lordſhip deſires to have the Directions of the Parliament herein what
to do: Whereupon it was ordered to have a Conference with the Commons
about it.
Divers Orders were read, which were made by the Houſe of Com-
mons, concerning the Iriſh Affairs, to which they deſired their Lord-
ſhips concurrence, that ſo they may be pụt in Execution.
That the Merchants
, who have made the Propoſition to their Houſe of
of the Houſe Tranſporting Spaniſh Money in ſpecie into Ireland, for the preſent Occaſions
concerning of that Kingdom, ſhall have Liberty to Tranſport ſo much anly as the Lords
and Commons in Parliament ſhall from time to time give them Order and
Direction for, paying it there as it pales by Proclamation; and that all
Sums fo Tranſported, Jhall be Regiſtred
in the Cuſtom-Houſe, and that they
fall bring Certificates, from the Ports where they ſhall land the ſaid Ma-
neys, that they have landed ſo much there.
(2.) That Mr. Henley and Mr. Hawkridge are to pay to. Sir Adam
Loftus 20000 l, that is, 6000 l. upon hight, and the other 14000 l. within
14 Dayes after that 15000 1. ſhall be paid here. And the ſaid Mr. Hen-
ley and Mr.Hawkridge are to receive 10000 l. in hand, 5000 more at Six
dayes, and 5000 l. more at Two. Months ;. And they are to have a Licenſe
for the Tranſporting of 20000 1. of Spaniſh Money; And they are to have
the uſe of ſuch Shipping, as is appointed to Tranſport Money for the pre-
Sent Service in Treland; And to make Entry of the ſaid Sum in the
Cuſtom-Houſe here, and to bring Certificates from the Ports in Ireland,
where they shall land the ſaid Money, that they have landed so much
there.
(3.) The Commons deſire that. Sir Robert King and Col. Culpeper may
be added to thoſe that are appointed Aſſiſtants to the Committees for the
Iriſh Affairs.
(4.) That the Servants belonging to the King, Queen, Prince, or to any
of the Kings Children; may according to the Law take the Oaths of Supre-
macy and Allegiance.
Ćs:) That Magenes and Redmond; againſt whom the Mayor of Cheſter
Sent up an Information, may be brought up to the Parliament Severally, and
not permitted to ſpeak with one another, and that they may be Examined
upon such Interrogatories as Jhall be propounded by the Houſe of Commons.
And that the reſt of the perſons that were in their company and fled, may
the Affairs
of Ireland,
i
,
!!
"!
ti
se
1
LK
ki
é
1
2
Wh
be
144 4
Po M'
HI
..
mi
**
A
VII
TH
"
i!
M
4
HH!
1
fent to the
Commiflio-
land.
+
1
from the Scotch Rebellion to the King's. Mürther: 623
be purſued with Hue-and-Cry and apprehended, and ſuch Iriſh-Men that | Novemb.
.
ſhall be ſtayed in the Ports, may le Examined upon ſuch Interrogatories as
1 641.
Mall be preſented by the Houſe of Commons.
(6.) That their Lordſhips would give the Commons an Anſwer touching
the Propoſition formerly brought up concerning the Iſsuing out of a Procla-
mation in Ireland, to recall ſuch Papiſts home bere, as have within one Tear
laſt paſt gone into Ireland, Except the Earl of St. Albans and others, who
live there upon their Ancient Inheritance.
To all which Propoſitions the Lords Aſſented.
Then the Houſe of Lords took into Conſideration the Inſtructions The Apſwer
which are to be ſent into Scotland to the Committees there, and the of the Lords
ſeveral Articles being read, the Houſe gave theſe Reſolutions as follow- Lions to be
eth.
To the Firſt Article the Houſe Aſſented, as alſo to the Second, Third ners in Score
and Fourth.
" Reſolved upon the Queſtion by the major part,
That there ſhall go a thouſand Scots out of Scotland; for the repreſling
of the Rebellion in Ireland.
To the Sixth agreed to.
Ordered, That the Debate of the Remanent Propoſitions ſhall be defer-
red until to Morrow.
In the Commons Houſe Mr. Wheeler made a Report from the Com-
mittee concerning the Guards of Weſtminſter and Middleſex: Where-
upon it was Reſolved and Agreed, That the Officers and Soldiers ſhall The Eftablifh-
have Pay, according to the Lift-hereafter mentioned, that this Pay. Shall for a Guard
begin on Monday next ; and for the time paſt, the Recompence is refer- for the Parlia-
red to the Confideration of this Houſe. The Watch began the 20th of
Otober:
Reſolved, &c.
That for the Orderly payment of them, a Clerk ſhall be appointed, as
well for the paying of them, as view of them, and to keep Rolls.
That this Pay ſhall be made out of the Poll-mony remaining in the
Charge of the Treaſurers of Weſtminſter.
That the Depaty Lieutenants of the County of Middleſex, ſhåll bring
in the Names of ſuch Perſons as they will compleàt their Companies withal
to the Committee, to be preſented to the Houſe.
That in regard the Company of Weſtminſter is very large, and the
great increaſe of new Inhabitants and able Men to bear Arms, that the
Deputy Lieutenants ſhall conſider ſome way how the ſame may be divi.
ded into twa or more companies, so as there may be Twa hundred Men
in each.
To confider of ſome way to puniſh Defaulters, and ſuch as are unruly.
That the officers of the Four. Neighbour Companies. Jhall be treated
withal, and out of thoſe to have a hundred Men, which may watch in
meat.
1
។
TL
T
turns.
+
Vol. II.
LILL
The
+
1
1
F
!!
i
624 An Impartial Collection of all the memorable Events
1
Novemb.
I 641.
S.
d.
00
oo
I.
The Pay for 100 Men ar 12 d. per diem
điemo5
00
I Captain
oo 08-
i Lieutenant
00-
04
I Enligna
00-
2 Sergeants 18 d.
per
diem-JOO-03-
2 Drums
00----02-
Clerk 2 s. per diem .
00
00
o6
02-
00
do
02
00
1
1
!!
*
11
Total per diem-06
---- —o0
The Train Bands to have 18 d. per diem ſo long as they Watch, and
to begin on Monday.
The Declaration or Remonſtrance of the State of the Kingdom was
ſtill Hammering upon the Anvil, with all the ſecreſie imaginable, for
the Clerk of the Commons Houſe was this day Ordered, not to give out
any Copies of it.
But in the Debate it was moved, That a Confideration be had of ad-
ding to the Remonftrance the Sermons Preach'd in divers places before the
King, that the Subject had no Property in his Eftate.
The Prayer ſet forth by the Biſhops, wherein they call the Scots Re-
bels.
The Clergies Contribution before the Convocation.
The Impriſonment of the Aldermen of London.
By which the Reader may obſerve that all the Scandals and Untruths
imaginable were amaſſed, and induſtriouſly fought out, and collected,
to render the King and his Government ſuſpected and hated, and to
bring the Loyal Bishops, and Orthodox Clergy into the utmoſt contempt
and hatred among the People.
Thurſday,
A Letter was this day read in the Lords Houſe, fent from the Coun-
Novemb. 11,
cil in Ireland to the Lord Keeper, dated the 5th of November, ſhewing,
Letters from That the Proteſtants there will be utterly deſtroyed, and that Kingdom
Ireland.
loſt from the Crown of England, if preſent ſupply of Men, Munition, and
Money be not fent them from hence.
The Lord Lieutenant alſo preſented to tho Houſe a Letter from them
of the fame Date, ſhewing, That the Rebels there do proceed in their
Rebellion, and have ſeized on the Houſes, Eſtates, and Perſons' of divers
Men and Women of good Quality, and have murdered
many.
are in ſeveral Parts of Ireland gathered, to the number of 30000, and
threaten that they will not leave an Engliſh Proteſtant there, and that
they will not lay down their Arms,until an Act of Parliament be paſs’d for
freedom of their Religion. That the Council deſires, that they may be
speedily ſupplied with 10000 Men, and Arms, and 100000 l. in Money :
And they offer it to their Lordſhips conſideration, whether it be not fit
and convenient, that Mac-guire, and Mac-Mahon be ſent into England,
for their better ſecurity. Upon the reading of which Letters
, it ivas
agreed to have a Conference with the Houſe of Commons, and to com-
municate the Letters to them.
It was ſignified to the Lords, That Mr. O.Neal being appointed to be
Examined before the Deputed Lords, concerning ill Counſel which was gi-
14
:
1
That they
-н
1
!
F
1
:
!
!
M
.
ven
th
HP
1
1
t
L
1
UP
cation:
terpreters of
Ads of Parlia-
of Parliament:
from the Scotch Rebellion to the King's. Murther. 625
ven to the King's late Army in the North, he deſired before he was Ex- | Novenis.
amired of his ſuppoſed Crime, that he might have the Judgment of the 1940:
Houſe of Lords, and the Reſolution of the Houſe of Commons, Whether
the Act of Pacification and Oblivion do not interpoſe, and exempt him from
being Queſtioned for the ſuppoſed Crime, whether it be Civil or Criminal :
This he doth not plead as a Pardon, which would imply a Crime, which he
is not guilty of, but as his own Senſe uportbat A&t.
Hereupon the Act of Oblivion was read, and afterwards the Lords An Explatii
.
Commiſſioners, that were preſent, did averr
, That in their Treaty with Extent of the
the Scots Commiſſioners they never did intend the ſaid Act ſhould Ex- Ad of Pacifi
tend further than to thing's paſt between the Two Kingdoms of England
and Scotland in matters of Hoftility, and things thereunto belonging ; and
not to things to come.
For further Debate hereof, the Houſe was adjourned into a Commit-
tee during pleaſure; and the Houſe being Reſuined, it was Reſolved
upon the Queſtion Nemine Contradicente,
That it belongs to the Houſe of Peers by the Ancient Laws and Conſti- | The Houſe of
tutions of this Kingdom, to interpret Acts of Parliament, in time of Par-Lords the In-
liament, in any Cauſe that ſhall be brought before them.
And it is likewiſe Ordered, That Mr. O Neal ſhall be Examined ment in time
by the Deputed Lords appointed for that purpoſe, notwithſtanding his
Allegation.
Upon Information given this day to the Houſe, That certain perſons Riot in the
of Egham were apprehended by Order of this Houſe for killing the Forest of
King's Deer, and committing Riots in the Forreſt of Windſor, and Eg-
ham Walk, and being in the cuſtody of the Meſſenger, were Reskued
out of his liands by violence, by ſome of their Companions : Hereupon
it is Ordered, That a Warrant be ſent to the Sheriff of Surrey to alliſt
the Meſſenger of this Houſe, for the apprehending the former Delinquents,
and of ſuch perſons, that reſcued them out of the Meſſengers hands, and
that they be brought before this Houſe, that they may receive puniſhment
according to their deſerts.
Theſe paſſages may ſeem too trifling to be inſerted into theſe Colle-
ctions, but I thought it abſolutely neceſſary, that by theſe Inſolencies
Poſterity might ſee how cheap and contemptible the Actions of this
Parliament had made the King in the eſteem of the Common People,
and how unfit it is for Loyal Subjects to ask, and for Princes ſometimes
to part with things which ſeem little or indifferent, for ſuch it may
be might be the Regulation of the Forreſts, which yet it is evident was
the Occaſion of this contemptuous Carriage of People of the loweſt
Rank towards him, who ought to have been eſteemed their Dread So-
vereign by the higheſt : But it was no wonder to ſee them follow the
Example of their Superiors, who committed daily Riots upon the King's
Prerogative and Reputation.
But to proceed, The Lord Keeper reported the Conference with the Lord Keeper
Commons, That he had acquainted them, that their Lordſhips had a- Reports Con-
greed to fix of the Inſtructions for the Committees in Scotland, but the
other being of great Confideration, by reaſon of the preſſing Affairs of Ires from Ireland.
land, they were forced to lay aſide till a more convenient time.
(1) Then his Lordſhip reported, That the Houſe of Commons, des
fires the Letter read. this. Day, ſent from the Lords of the Council in
be communicated to the city of London, to let them ſee the
truth of the Affairs of Ireland, that ſo they may be the better ſtirred up
Vol. II.
L1112
ference about
the Letters
Ireland, may
and
JY
11
r
1
636 An Impartial Collection of all thè. memorable Events
Novem. Jand induced to lend Mony for the preſent ſupply of the buſineſs of Ireland ;
1641. and to this purpoſe the Houſe of Commons will imploy ſome Members of
WItheir own.
Which Propoſition this Houſe agreed to.
(2) That in regard of the preſent urgent Occaſions of Ireland, the
Houſe of Commons thinks it fit, the Six Thouſand Men, which both
Houſes reſolved Mould be ſent into Ireland out of England, Jhall be in-
creaſed to the Number of Ten. Thouſand Men, and Two Thouſand
Horfe.
Which the Lords alſo agreed to.
(3) That the Houſe of Commons had voted to defire the. Aliſtance of
our Brethren of Scotland againſt Ireland for 10000 Men, nat preſently to
be ſent, but at ſuch times, and in ſuch Manner, as ſhall be agreed upon,
by Articles and Conditions of both Parliaments, according to future Oc-
caſions.
Whereupon it was "Reſolved upon the Queſtion, &c.
That this Houſe ſhall defire the Aid of our Brethren of Scotland, for
1000 Scots for the preſent to be ſent over into Ireland, with an Intimati-
on of a deſire of 9000 more to make up 10000 Men, if Occaſion be, accord-
ing to ſuch Articles, as ſhall be agreed upon with the Parliament of Eng-
land.
The ſame things were Voted in the Commons Houſe, only concern-
ing the Scots fome little difference, viz. Reſolved, &c.
That this Houſe doth incline, to accept of the Offer of the Scots, for
Sending of Ten Thouſand Men into Ireland, under ſuch conditions and
upon ſuch Cautions, as ſhall be Honorable and Safe for this King-
dom.
Reſolved, @c.
That unleſs the Scots ſhall condeſcend to be commanded by the Govern-
ment of Engliſh ſettled in Ireland, that there is no intention that
axy
Should go at all.
The Dean of Ely, Dr. Fuller, was upon his Petition this day Ordered
Dean of Ely to be Bailed ; and Colonel Fitz Williams, who for Tranſporting ſeveral
Men into France, was in Cuſtody, was diſcharged of the Serjeant, and
Ordered to attend the Houſe.
It will poſſibly by this time be expected that we ſhould take a Trip
over the Sea, to ſee the Poſture and Condition of that deplorable Nati-
on of Ireland, and the Progreſs of the Rebellion, of which every day
produced ſome of fob's amazed Meſſengers, bringing ill Tidings
one upon the neck of another. And indeed not only every day, but
almoſt every hour produced freſh intelligence of the greatneſs of the
Conſpiracy, and the inhumane Cruelty of the Rebels, who Robbed,
Stripped and Barbarouſly Murdered the Proteſtants, wherever they got
them into their Power. The Lord Blaney himſelf brought the account
of the ſurpriſal of his Houſe, Wife and Children by the Rebels in the
County of Monaghan : An advertiſement came from Sir Arthur Tyring-
ham of the taking of the Newry, and the poor Engliſh who eſcaped the
fury of the Rebels, brought continual freſh Relations of the miſerable
Condition of the Province of vlſter, where the Rebellion firſt took
its riſe.
It
Dr. Fuller
Bailed.
J
1
1
4
..
Y
EN
time of tlieRe.
from the Scotch Rebellion to the King's Murtber: 627
It may well be imagined that the confternation at Dublin was ex-) Novemb.
traordinary, occaſioned both by the true Accounts which daily arrived, l. 1641.
and the falſe Rumors which upon ſuch occaſions a general Fear and The Sad Com.
Amazement is wont to produce ; the City was weak and defenceleſs, dition of Ire-
and the Popiſh Party within it great and formidable, and the Rebel- land, at the
lion now appeared without all doubt to be univerſal in all the Northern bellion.
Parts, and it was dangerouſly to be ſuſpected, that this impetuous Tor-
rent would not be contained within thoſe Bounds, but that the other
Parts of the Kingdom would by their Example and Incouragement break
all the Banks of Obedience and Loyalty; ſo that an univerſal Deluge
of Rebellion was hourly expected. And to add to the inisfortune,
there was no Mony in the Exchequer to raiſe Men to oppoſe the Pro-
greſs, or cruſh the firſt beginnings of the Conſpiracy, the veterane Ar-
my which was kept a foot was very inconſiderable, and diſperſed into
ſeveral diſtant Quarters and Garriſons; and if they had been together,
not much above 3000 Foot and Horſe ; as appears by this following
Liſt.
A Liſt of his Majeſties Army in Ireland, 1641. before the Rebellion.
A Liſt of the
Officers and
Army in Irés
land, when the
1
The Foot Companies conſiſting of 6 Officers, viz. Captain, Lieute- Rebellion
nant, Enſign, Chyrurgeon, Sergeant, and Drum, and 44 Soldiers each brock our.
Company, were under theſe following Commanders.
+
Lord Lieutenant's Guard, 45
Sir Robert Farrar,
44
Sir Thomas Wharton, 44
Sir George St. George, 44
Captain
Francis Butler, 44
Lord Docwra.
44
Sir Robert Steward,
44
Lord Viſcount Baltinglaſs, 44
Captain George Blunt, 44
Sir Frederick Hamilton, 44
Sir Lorenzo Cary,
44
Sir John Gifford,
44
Sir John Nettervile, 44
Sir Arthur Tyringham,
44
Captain Charles Price,
44
Capt. Thomas Games, 44
Sir John Borlaſe,
44
Sir Arthur Loftus, 44
Lord Eſmond,
44
Sir George Hamilton,
44
Sir William Stewart,
44
Sir John Sherlock,
44
Captain John Ogle,
44
Sir William St. Leger,
44
Lord Blaney,
44
Lord Viſcount Rannelagh, 44
Sir John Vaughan,
44
Sir Henry Tichtourn,
44
Lord Caſtle Stewart, 44
Capt. Chichester Forteſcue, 44
Captain Fohn Barry, 44
Capt. Thomas Rockley,
Capt. Philip Wenman,
44
Sir Charles Coote,
44
Sir Francis Willoughby, 44
Capt. Robert Bailey, 44
Capt. William Billingſley, 44
Lord Lambert,
44
Lord Folliot,
44
Captain Robert Biron,
44
Earl of Clanricard.
.44
S
Theſe 41 Foot Companies contain
Officers,
$ In all,
2297
Soldiers, 2051. i
246.
+
The
; .
-
:
11
628 An Impartial Collection of all the memorable Events
Novemb. The Horſe Troops conſiſting of Captain, Lieutenant, Cornet,
1 6 41.
and Horſemen.
The Lord Lieutenants, 108. The Marqueſs of Ormonds, 107.
Earl of Straffords,
Lord Dillons,
Lord Wilmots,
Sir William St. Legers,
Lord Viſcount Moors,
Lord Viſcount Grandifons,
L. Viſcount Cromwel of Lecale, 58.. Captain Arthur Chicheſters, 58.
Lord Viſcount Conways,
Sir George Wentworths,
Sir Adam Loftus,
:
58.
58.
58:
58.
58.
;
58.
58.
58.
58.
Theſe 13 Troops contain
42. S In all
Officers,
Soldiers,
{
Horſe and Foot 3240.
943.
ŞHor
.
901. 2
..
.
Sir Francis
Willoughby
Governor of
Dublin.
+
1.
=
IN
- 4
IN
A very inconſiderable Army, had they been altogether in a Body.
The only thing which was
of conſiderable advantage, was, That the
Magazines were well ſtored with Arms and Ammunition; For beſides
ſeveral Pieces of Artillery, moſt of them fit for preſent Service,there was
Arms for 10000 Men, 1500 Barrels of Powder, with Match and Ball
proportionable in the Caſtle of Dublin; but this Store was owing to the
Care and Prudence of the Wiſe thô Unfortunate Governor the late Earl
of Strafford, whoſe Providence even after his Death became thus Ser-
viceable towards the preſervation of that Kingdom.
However in this Extremity of Affairs, the Lords Juſtices and Council,
ſet themſelves with all poſſible application to provide againſt this threat-
ning Tempeſt. And in the firſt place they Conſtituted Sir Francis Wil-
loughby Governor of the Caſtle of Dublin, placing ſuch a Number of
the Callic of Men in Garriſon there as might be able to defend a Place of ſo great Im-
portance as that then was, by reaſon of the Stores of Arms and Am-
munition there depoſited, that from the ſurprizing of it, the Rebels had
promiſed themſelves the greateſt advantages in their Wicked Enterprizes;
and thô Providence had diſcovered and diſappointed that part of their
Deſign, yet it might reaſonably be ſuſpected, that they would not give
over that attempt, the accompliſhment of which, either by force or
fraud, would of neceſſity ſo much facilitate all their other Intentions.
Letters and Expreſſes were diſpatched unto the Preſidents of Mun-
the Nobility Ser and Connaght, and to diverſe of the Principal Gentlemen in thoſe
and Gentry to
two Provinces ; as alſo, to thoſe of the Province of Lemſter, giving
of the diſcove them an Account of the Diſcovery of the Plot, that fo they might Itand
ry of the Plor.
upon their Guard, and take the beſt Meaſures they could for their own,
and the Security of choſe Countries, where they Inhabited; an Ex-
preſs was ſent to the Earl of Ormond, then at his Houſe at Carick, with
Letters to the fame Effect; and alſo, to deſire his Lordſhip with all poſ-
ſible Expedition, to advance with his Troop of Horſe to Dublin, Tliey
fent Commiſſions to the Lords Viſcounts of Clandeboys, and of Ardes,
for Raiſing and Arming of the Scots in the Northern Parts; as alſo ſoon
after to Sir William Steward and Sir Robert Steward, and ſeveral other
Gentlemen of Quality in the North, which they were forced to ſend
by Sea, the Rebels liaving cut off all intercourſe to thoſe Parts by
Land,
The Letter to then Earl, now his Grace the Duke of Ormond, was as
followeth.
After
Letters ſent to
inform them
.
-!
1
HE
1
11
+
1.
it
1
from the Scotch Rebellion to the King's Muribers 629
11
Novemb.
1 641.
G-
A
Fter Our very hearty Commendations to..your. Lordſhip, by this Pro-
clamation, your Lordſhip will find the Condition of Affairs here.Our
baſte admits not long Diſcourſe upon this Subject, only we pray and require A Letter from
your Lordſhip, to give Order that it be publiſhed there :We having alſo dire the Lords Ju-
Eted this Bearcr,to leave one Proclamation, at every Market-Town in his Way Council to the
thither, for the more ſpeedy Publication of the diſappointment of their Earl of Or.
Deſign.
diſcovery of
In the weighty Conſultations now requiſite here, your Lordſhip's Preſence the Pot, ot.
with us is ſo neceſſary, as we must pray and require you, to repair Speedily 24. 1641.
bither, where your ſtay ſhall not be longer, than of necellity Sholl be requiſite.
And ſo We bid your Lordſhip very heartily Farewel; From his Majestie's
Caſtle of Dublin 24 O&tober 1641.
Your Lordſhips very loving Friends
1
mond of the
The Plot was to Surprize all the
Forts of the Kingdom, yeſterday
at one Hour, and they have ta-
ken Caſtle Blaney and Neury,but
yet we hear of no more. The
Lord Macguire, Captain Mac-
Mahon, and ſeveral others We
have Committed to the Caſtle.
Your Lordſhip is alſo required
to bring your Horſe Troop hi-
Will. Parſons,
John Borlaſe,
Rob. Dillon,
Rob. Digby,
Ad. Loftus,
John Temple,
Fra. Willoughby,
Ja. Ware.
Rob. Meredith.
.
ther.
4
*
1
I
1
To our very good Lord, James Earl of Ormond, &c.
Upon which Summons, from the Lords Juſtices and Council, his
Lordſhip did, with all the hafte and diligence imaginable, march with
his Troop to Dublin, there to receive their Commands, and give Teſti-
mony of that Courage and ſteady Loyalty, which will for ever Record
his Name in the Memoires of Time, for one of the moſt Celebrated
Perſons of his Age ; and indeed had the Lords Juſtices been willing, and
able to have hearkned to his LordſhipsMotion at the Council Board,
to put
him immediately at the Head of any conſiderable Strength, he would
in probability, by God's affiftance, have made a ſhort diſpatch of that
Rebellion; for it was ſome conſiderable time, before the Rebellion be-
came Univerſal; or otherwiſe Captain Byron, with a ſingle Company
of 50 Men, could not as he did, have by command from the Lord Juſtices
and Council, have marched Safe, and wihtout diſturbance from Toug-
hall to Dublin, which-is above co.Miles, nor was there any riſing a-
bout Kilkenny, till two. Months after the firſt Eruption.; but it is too
evident, that as the ſupine careleſsneſs of ſome, did encourage the Iriſh to
Rebel, ſo there were others in Power, who were ſo taken up with the
Contemplation of Forfeitures, that they rather increaſed the Fuel, than
took Care to ſuppreſs the Flame; ſo that it is no wonder, if his Lord-
ſhips Motion was rejected, till it was too late.
However ſeveral Commiſſions were given out to diverſe Gentle-
men, even of the Romiſh Religion, to raiſe Men to ſuppreſs the Re-
bellion.
The Commiſſions then given out, run in the Stile of Martial Law,
which was thought no more than Requiſite, as appears by this follow-
ing, which was given to the Lord Gormanſtone.
Ву
+
1
!
..
A
1
1
I
Commiſſions
1
L
1641.
11
:
1
11
1
1
liv
i
:
H
to
HI
63ò An Impartial Collection of all the memoräble Events
Novemb.
By the Lords Justices and Council
.
1 641.
W. Parſons, John Borlaſe.
A Copy of the
Ight Truſty and Well-beloved, We greet you well. Whereas divers
for ſuppreſſing
moſt Diſloyal and Malignant Perſons within this Kingdom, bave
the Rebellion Traiterouſly conſpired againft His Majeſty, His Peace, Crown and Dignity;
in Ireland Nov. and many of them in Execution of their Conſpiracy, are Traiterouſly Allem-
bled together in a warlike Manner, and have moſt inhumanly, made Deſtru-
Etion and Devaſtation of the Perſons and Eſtates, of divers of his Majeſties
Good and Loyal Subječts of this Kingdom, and Taken, Slain and Impriſoned
great Numbers of them. We, out of Our Care and Zeal for the Common
Good, being deſirous by all means, to ſuppreſs the ſaid Treaſons and Trai-
tors, and to conſerve the Perſons and Fortunes of His Majeſties Loving
Subjects here in Safety ; and to prevent the further Spoil and Devaſtation
of his Majeſties Good People here, Do therefore hereby Require and Autho-
rize you, to Levy, Raiſe and Aſſemble
, all
, every, or any the Forces, as
well Footmen as Horſemen, within the County of Meath, giving you here-
by the Command in Chief of all the ſaid Forces, and hereby further Re-
quiring and Authorizing you, as Commander of them in Chief, to Arm, Ar.
ray, Dividè, Diſtribute, Diſpoſe, Coxdutt
, Lead, and Govern in Chief the
Said Forces, according to your beſt Diſcretion; and with the ſaid Forces
to Refilt, Pirſue, Follow, Apprehend, and put to Death, Slay and Kill
, as
well by Battel, as other ways, all and fingular the said Conſpirators, Irai-
tors and their Adherents
, according to your Diſcretion; and according to
your Conſcience and Diſcretion to proceed against them, or any of them, by
Martial Law, by Hanging them, or any of them, till they be dead, according
as it' hath been accuſtomed in time of open. Rebellion; and alſo to Take,
Waſte and Spoil their, or any of their Caſtles, Holds, Forts, Houſes; Goods
and Territories, or otherwiſe to Preſerve the Lives of them, or any of them,
and to receive them into his Majeſties Favor and Mercy, and to forbear the
Devaſtation of their, or any of their Caſtles, Forts, Houſes, Holds, Goods
and Territories aforementioned, acccording to your Diſcretion. Further
hereby. Requiring and Authorizing you to Do, Execute and Perform, all
and lingular ſuch other things for Examination of Perſons ſuspected, diſco-
very of Traitors and their Adherents, parlying with, and granting Prote-
&tions to them, or any of them, taking up of Carts, Çarriages, and other
Conveniences, ſending and retaining Espials
, Vittualling the ſaid Forces,
and other things whatſoever conducing to the purpoſe aforementioned, as you
in your. Diſcretion ſhall think fit
, and the neceſity of the Service require ;
further bereby Requiring and Authořizing yau, aš Commander in Chief, to
Conſtitute and. Appoint Juch Officers and Miniſters, reſpectively for the bet-
ter
Peñformance and Execution of all and ſingular the Premiſes, as you in
your Diſcretion ſhall think fit. And We do hereby require and command, all
and fingular. Flis Majeſties Sheriffs, Officers and Miniſters, and Loving
Subjects, of and within the Courty of Meath, and the Borders thereof, upon
their Faith and Allegiance to His Majeſty, and to his Crown, to be Aiding,
Helping and Afifting to you in the: Doing, and Executing of all and fin-
gular the Premiſes; This Our Commillion, to continue during our Pleaſure
only; and for the
ſo doing, this ſhall be your ſufficient Warrant. Given at
His Majeſties Caſtle of Dublin, Novemb. 1641.
To Our very good Lo. Nicholas R. Dillon, fo. Temple,
Vic. Com. Gormanſtone.
Ja.Ware, Rob.Meredith. .
Imme-
::
.
1
#
7
I
11
1
.!
1
I
01
;-
21
PN
W
:
14
A
1
7
1
| 641.
from the Scotch Rebellion to the King's Murtber. 630
Immediately upon the ſetting out of the Proclamation of the 23 of Novemb.
Oktober, divers Lords of the Engliſh Pale, came to Dublin, and there de-
clared to the Lords Juſtices and the Board, with ſevere Proteſtations, their ar
great Loyalty and Affection to his Majeſty; and that they would with
all readineſs aſlift their Lordſlips, in the luppreſſing of this Rebellion;
but within two or three days, they returned with a Petition, wherein
they offered they ſaid, the deep Senſe they had of an Expreſſion in that
Proclamation, as if by the Words, evil affected Iriſh Papiſts, there being
no Diſtinction, they miglit be miſinterpreted, ſo as to reflect upon
them, as comprehended under thoſe general Terms. Whereupon the
Lords Juſtices and Council, that they might clear this point, and thereby
ſecure themſelves of the Loyalty and Services of theſe Gentlemen, who
as well as their Anceſtors, had upon former Occaſions, manifeſted
great
Loyalty to the Crown of England, therefore to remove all Scruples,
put out this following Explanatory Proclamations
By the Lords Fuſtices and Council.
1
W
4
W. Parſons, John Borlaſe.
Hereas a Petition hath been preferred unto Us, by divers Lords A Proclamati-
and Gentlemen of the Engliſh Pale, in behalf of themſelves and is Sea
the reſt of the Pale, and other the old Engliſh of this Kingdom, Mhewing, the Lords and
That, whereas a late Conspiracy of Treaſon, is diſcovered of ill-affected Gentlement of
Perſons of the old Iriſh, and that thereupon a Proclamation was publiſhed Pale, 08. 28.
by 7s; wherein
wherein among
other things,it is declared, That the ſaid confpi- | 16416
racy, was perpetrated by Iriſh Papiſts without diſtinction of any; and they
doubting, that by thoſe general Words of Iriſh Papiſts, they might ſeem to
be involved, though they declare themſelves confident, that We did not
intend to conclude them therein, in regard they are none of the Old-Iriſh,
nor of their Faction, or Confederacy; but are altogether averſe and oppor
fite to all their Deſigns, and all other of like Condition ; We do therefore,
to give them full
ſatisfaction, hereby declare and publiſh to all his Maje-
sties Good Subjects in this Kingdom, That by the Words, Trifli Papiſts,
We intended only fuch of the old meer Iriſh in the Province of Ulſter, as
have Plotted, Contrived, and been Actors in this Treaſon, and others who
adhere to them ; and that We did not any way intend, or mean thereby
any of the old Engliſh of the Pale, nor of any other parts of this King-
dom, We being well aſured of their Fidelities to the Crown, and having
experience of the good Affections and Services of their Anceſtors in for-
mer times of Danger and Rebellion. And We further require all His Ma-
jeſties loving Subjects, whether Proteſtants or Papiſts, to forbear upbraid-
ing Matter of Religion, one againſt the other, and that upon pain of His
Majeſtles Indignation. Given at His Majeſties Caſtle of Dublin, 29.
Oct. 1641.
1
R. Ranelagh,
Ger. Lowther,
R. Dillon,
Jo. Temple,
Ån. Midenfis,
Fr. Willoughbys
Ad. Loftus,
Geo. Shurley,
God ſave the King..
fa. Ware.
Vol. II.
Mmmm
With
1
632 An Impartial Colle&tion of all the memorable Events
The Lord's
and Gentle
Arms and
Borlaſ Hift.
P. 28.
;
.
Novemb. With this the Lords and Gentlemen of the Pale ſeemed extreamly
1641. well fatisfied, and the Lords Juſtices and Council were ſo far from ſuſpect.
ing them guilty of the Conſpiracy, or that they would perfidiouſly re-
nounce their Allegiance and fall in with the Rebels, that they imme-
men of the diately ſupplyed them with a Convenient proportion of Arms and Am-
Engliſh Pale
munition, to inable them to defend themſelves and thoſe Counties of the
ſupplied with
Engliſh Pale againſt the attempts and incurſions of the Rebels. To the
Ammunition. Lord Gormanſtone were delivered 500 Arms for the County of Meath;
Arms for 300 men for the County of Kildare ; Arms for 300 for the
County of Lowth; Arms for 300 for the County of Weſt-Meath ; Arms
for
300
for the County of Dublin. And ſo aſſured did they ſeem to be of
the 'Fidelity of theſe Lords and Gentlemen, that ſeveral Commiſſions,
whereof that before inſerted to the Lord Gormanſtone was one, and was
found in his Study after he had quitted his Houſe) were iſſued out to the
Roman Catholiques, viz. To the foreſaid Lord Gormanſtone for Meath;
To the Lord Mountgarret in Kilkenny; Nicholas Barnewell in Dublin
Walter Bagnal in Caterlagh; Lord Lowth in Lowth; Sir Thomas Nugent
in Weſt-Meath; Sir Robert Talbot in Wickloe; the two Sir James Dillons
in Long ford; and ſeveral others in Munſter, Connaght, and Ulſter ; who
not long after moſt treacherouſly turned thoſe Arms they had received
to defend the Government and Proteſtants, againſt tlicm, and baſely
joyned with thie Rebels.
It ſeems by comparing ſeveral paſt and future Tranſactions of theſe
Lords and Gentlemen of the Pale, with ſome of the Examinations and
Depoſitions taken about the Rebellion, that if they were not in the Con-
ſpiracy, yet they had a great inclination to promote rather than ſuppreſs
it ; though after all, the indiſcreet Zeal of the then Chief Governors, by
putting their Agent Sir John Read to the Rack, gave them but too great
a pretence and colour for their Revolt; and I know nothing that can be
fufficient to palliate much leſs Excuſe Rebellion, upon any pretences
whatſoever, till St. Paul's holy Rule be reverſed, and that Men
may
do
Evil that Good may come of it.
The Principal of the Rebels that at firſt appeared in the Execution of
The Names of this deteſtable.Conſpiracy, which broke out firſt in the Province of ul-
the Chief Re-Tier, were Sir Phelim O Neal, Turlogh O Neal his Brother, Roury Mac-
Guire, Brother to the Lord Mac-Guire, Philip o Reley, Mulmore O Reley,
Sir Conne Mac-Gennis, Col. Mac-Bryan, and Mac-Mahon. Theſe having
got together, according to their Aſſignation; did at one and the ſame
Several Places time treacherouſly Surprize the Town and Caſtle of the Newry, the Fort
furprized by of Donganncn , Fort Montjoy, Charlemont, Tenrages, Carick Mac-Roſse,
Clough-Cuter, Caſtle Blaney, Caſtle of Monaghan, being all of them Pla-
ces of conſiderable Strength';. and beſides theſe, many other Caſtles,
Towns and Villages, ſo that before the End of October they had
gotten
into their Poſſeſſion all the Towns, Forts, Caſtles, and Gentlemens Hou-
ſes-within the Counties of Tyrone Donega's Fermanagh, Armagh, Cavan,
Londonderry, Monaghan, and half the County of Down, except
the Cities
of Londonderry and Colraigh; the Town and Caſtle of Encekillin, and
ſome other Places, which were for the preſent bravely defended by the
Britiſh Undertakers; though afterwards for want of Relief, they were
ſurrendred alſo into the Hands of the Rebels.
The ſtrange
Nor will it appear at all ſtrange, that they made ſo great Progreſs in
Secreſy of che fo little time, when it is conſidered, that the Conſpiracy was ſo ſecret-
Confpiracy,
ly carried among them, as that except the Information given to Sir Wil-
* Diam
.
!
:
1
4
-
. اے
1
lion p. 70.71:
→
from the Scotch Rebellion to the King's. Murtber. 633
liam Cole, it was not known to any of the Engliſh or Britiſh Inhabitants, Novëmb:
till they felt the Effects of it. They Lived in the greateſt ſeeming Frienda I 6.4 1.
ſhip together with the Iriſh, which brought them into a Security that
proved fo fatal to them. And like People, who are ſurprized in their
midnight Sleep, with their Houſe blazing about their Heads, when they
had not ſeen the leaſt Sparks of Fire at their lying down; ſo it happen:
ed to theſe miſerable Creatures; who upon the firſt Riſings about them,
put themſelves, their Wives and Children into the Protection of ſuch of
the Iriſh, whom they had moſt Obliged, and from whoſe Friendſhip
they promiſed themſelves Security and Preſervation ; but theſe Perfidi-
ous
and InhumaneWretches too frequently, either betrayed them into the
Hands of the Rebels their Aſſociates, who Murdered and Deſtroyed
them; or at leaſt Stript and Deſpoiled them of all they had; or elſe
having them and their Goods and Money in their Power, baſely did it
themſelves, and it is almoſt a ſhame to Humanity, to repeat the Cruel-'Sir John Tema
ties which, as the Writers of that time relate from the Depoſitions of ple, triſh Rebel-
thoſe, who eſcaped the Fury of the Iriſh, were acted upon the Inno-
et paſim
cent Engliſh, and Britiſh Inhabitants of that Iſand; but it will be alibi
.
a greater and eternal Reproach and Infamy to the Prieſts, and thoſe,
who call themſelves the Religious, of the Romißh Perſuaſions that they
were the Actors and Inſtigators of the deluded People, to commit thoſe
Execrable and Savage Cruelties, as if they were Meritorious and Ac-
ceptable Services to God Almighty, which far ſurpaſs the moſt Sangui-
nary Hecatombs, that were ever offered to the Devil
, by the Blind and
Pagan Idolaters; and yet it is but too evident, it muſt be placed to the
account of thoſe of the Popiſh Clergy; for it ſeems before the Plot was
come to Maturity, there was a Conſultation held at the Abbey of Mul-
tifernan in the County of Weſtmeath, where among other things the Berlaſe Hiſt
. p.
Queſtion was debated, What Courſe ſhould be taken with the Engliſh 25. Dris Jones's
and all others, that were found in the whole Kingdom to be Proteſtants ?
ſome were only for expelling them, as the King of Spain did the Moors.
out of Granada ; others diſliked that Lenity, urging, that they might:
do as the Moors did, return with the Sword in their Hand, to carve out
their own Revenge ; and therefore preſſed to have them univerſally cut
off; the Debate laſted long, but at the laſt, fome were for a middle way,
neither to Baniſl nor Kill: and the Event juſtified all theſe Intentions,
for in ſome Places, all were put to the Sword, or other more barba-
rous Executions; in others, ſome were impriſoned, but with the ex-
tremity and hardeſt Circumſtances of that miſerable Condition; and in
other Places, they were diſmiſſed with their Lives, Stript and Diſpoild
of all, and expoſed to the deplorable Companions of Cold and Hunger,
which proved often to be their lirgring Executioners.
This put the Engliſh every where into fo great a Terror, Amazement,
and Confternation, that it deprived them of thoſe Succors of Reaſon,
which might have been of Advantage towards their Preſervation; for
generally where they did any thing for their own Defence, they did
it ſingly, without Uniting and Arming themſelves for the common fafe-
ty: and even where they did, as in ſome places ſtand upon their 'Guard,
yệt were they ſo apt to give Credit to the Promiſes and Oaths of the
Iriſh, to give them Quarter, and ſafe Conduct into ſuch Places, as they
ſhould pleaſe, that many were Circumvented by this Stratagem, who
were afterwards baſely Murthered, or at beſt Impriſoned, Stript and
Expoſed Naked to all the Extremities, which attend
helpleſs Nature, in-
Vol. II.
Mm m m 2
fomuch,
1
A
1
1
)
:
634 An Impartial Collection of all the memorable Events
Novemb. ſomuch, that great Numbers of thoſe, eſpecially the Women and Chil-
164.1. Jdren, who eſcaped to Dublin, and other places in the North, did not
long out-live the hardſhips of their Paſſage, but
either Oppreſſed with
Grief and the Terrors they had ſuffered, by the Tragical Loſſes of their
Husbands, Children, Friends' and Deareſt Relations, or wearied with
their Travail and Hunger, contracted ſuch Diſeaſes, as fliortly after put
a Period to their miſerable Lives.
But amongſt all theſe Unchriſtian, and even Inhumane Cruelties,
which were committed generally by the Northern, or as they are uſual-
ly called, to diſtinguiſh them from the Iriſh of the Engliſh Extraction,
meer Iriſh, Truth and Juſtice exacts it from me, to Record the Mercy
and Compaſſion of ſome, as well as the Cruelty and Barbariſm of others.
It is very poſſible, I may for this, fall under the Diſpleaſure of ſome Per-
ſons, who though their own Hands ſtill retain the Purple Dye of the
Blood of their fellow Subjects Murdered by them, in the Engliſh Rebel-
lion, yet think every thing an Excuſe of their Brethren in Iniquity the
Iriſh Rebels, which does not involve the whole Nation in a Common
Guilt. But I cannot but diſvalue all Cenſures, which may paſs upon
me, whileſt like a Chriſtian I indeavor to immitate his Example, who
always diſcriminates between the Innocent and Culpable, and who ren-
ders to every Man according to his Works; and next to the horrid
Crime of Murdering. Mens Perſons, certainly the Affafinating of an In-
nocent Reputation, muſt with good and rational Men, be a moſt odious
Sin ; and I cannot but condemn it as partiality, much unbecoming a
Juſt Writer, that I have not obſerved, that the Biſhop of Meath, or Sir
John Temple
, or Dr. Borlaſe take notice of any, or at leaſt very few Eng-
liſh faved, or protected by any of the Iriſh, but in all probability contra-
ry to their own Knowledg, they ſeem to involve all the Nobility and
Gentry of Ireland, in the common Guilt of the Plunderings, Robberies,
Murders, and Maſſacres which were committed ; as if the whole Nati-
on had together with their Loyalty, put off all manner of Compaſſion
and common Humanity; and what I condemn in them as a Fault a-
gainſt Truth and Juſtice, I cannot think will paſs with Poſterity, who
will judge with leſs partial and more diſintereſted Thoughts, for a Vir-
tue in me.
Several Engliſh
And it is moſt certain, that ſeveral Engliſh Proteſtants were preſerved
preſerved by by the Iriſh Nobility and Gentry, and particularly one of the Relyes pre-
lity and Gen." ſerved many, and conveyed them ſafe to Dublin; amongſt which the Bi-
Shop of Elphin then Miniſter of Belfurbert, as alſo the late Biſhop of
Meatli, Nephew to Primate Vlher, then Mr, Henry Fones and divers
othiers.
One Bourk preſerved many in Connaglt, Fed and Clothed ſuch as
were Strip'd, and by the Marquiſs of Clanricard's Directions and Affi-
ſtance they were ſafe conveyed to Gallaway,
Sir Edward Fiſher, Sir Richard Everard; and others preſerved ſeveral
in Munſter.
Dr. Pullen was preſerved at Caſhel, as Sir James Ware in hús Book de
Preſulibas Hiberniæ takes notice, and ſeveral others, by Joſeph-Everard
and Redmond Engliſh, two Franciſcan Friers
, as was proved at their Tri-
als at Clonmel in Cromwel's time, upon which they were not only ac-
quitted, but had Liberty to ſtay in the Country; and the Perſons fo pre-
ferved 'were convoyed from Caſhel to Cork, ſeveral of the Convoy being
wounded in the Way, by ſome Iriſh who met them in the Mountains.
fames
Proteſtants
try.
1
.
..
Id-
TIL
1
from the Scotch Rebellion to the King's Mürtber. 635
James Lord of Dunboyn ſent Mr. Hamilton with his Family ſafe to Gar-/' Novemb.
rick, to the now Lady Dutcheſs of Ormond, who foon after took them. 1 641.
with her to Dublin.
But the faireſt Character in this particular that I have ſeen is that of
the Lord and Lady Muskery, being a whole Jury of Depoſitions taken
before the Iriſh Commiſſioners for the Revenue in 1654, which fola
lows.
9
:.
1
The Depoſition of Robert Farnam of Bandon in the County of Cork,
an Engliſh Proteſtant, aged about 63 years, taken upon Oath as
followeth.
!
1
1
!
H
E Depoſeth, That in the beginning of the late Rebellion, coming in Depoficions in
another Company conſiſting of 150 Souls, as by James Burrel's I.ift Lord and La-
appeared, to Mocromp in the ſaid County in a moſt miſerable condition, dy musberg,
the Lord of Muskery came in perſon to meet them near Mocromp afore- of the Englij
Said, and moſt compaſſionately looking upon them, ſaid, Alas ! poor Chriſti-
ans í I am extreme ſorry you have been ſo dealt with ; and in this De-
ponants hearing, gave charge to his Steward to ſee all that Company drawn
by the Pole, and to each a like allowance to be given ; which immediately
was done, and this Deponant faith, That he ſaw 4 Barrels of Oatmeal, with
Beef and Pork proportionable, brought to them, and the beſt accommoda-
tion the place could afford, provided : And this Deponant further faith,
That he is fully ſatisfied, all that Company for the moſt part had periſhed
that night, not only for want of Proviſion, but alſo by reaſon of the ex-
tream foulneſs of the day, with Rain and Snow, the Company being ſtrip
ped, had not they met with ſuch a bountiful Reliever, whoſe care of their
preſervation continued until he ſafely conveyed them to ſuch Garriſons as
they pleaſed : And this Deponant faith, That the Lady of Muskery was
very ſolicitous of them, and the ſaid Lord and Lady were very careful,
that no injury or violence ſhould be offered to this Deporant or his com-
pany, in their throughfare to the ſaid Garrifons ; all which being nothing
but truth, this Deponant upon Oath doth affirm, and in manifeſtation there-
unto ſubſcribeth this 16th day of May, 1654.
Robert R. Farnam
This Depoſition was taken before Us
bis Mark.
Robert Phaier,
Ejay Thomas, Commiſſioners for the Revenue of the Precinct
Tho. Woodlif, S of Cork.
1
Twelve Depoſitions in behalf of the Lord and Lady Muskery, viz.
I Sarabi Dokely.
2. Barbara Moore.
3 Mrs. Love.
4 Catharine Floyd.
5 Mary Thomas.
6 Sampſon Moor.
7. Eliz. Wharton.
8 Ann Field.
9 Corporal Biddel in behalf of the ſaid Lord and Lady, with Eliz.
Lafdoffers, in behalf of the ſaid Lady.
to Richard
.
#
.
។
636
November,
1.6.41.
164
An Impartial Colle&tion of all the memorable Events
10 Richard Love.
II Richard Allen, and William Baker,
12 Eliz. King,
13 A Copy of the Certificate of the Lady Muskery's civil carriages
ſince the Rebellion taken before the ſaid Commiſſioners, Dated with the
above Depoſitions, the 16th day of May, 1654.
The Biſhop of Ferns alſo gave this Certificate, That he ſaw a Gibbet
upon Carigodrohitt Hill, with Two Iriſh-men hanging on it, Executed by
the Lord Muskery's Order for Robbing Some Engliſh-men, coming out from
Kerry in the Week before Chriſtmas, 1641.
Dat. March 28 1682.
1
A Garriſon
ſent to Tredab.
F!
The Rebels grown now numerous by meeting with little or no op-
poſition, and inſolent by their Succeſſes, began to think of carrying all
before them; and Sir Phelim O Neal had got together a great Army,
though but in very ill Equipage, inſomuch that he divided his Body,
and with one part marched down towards Liſnagarny, near the chief
Plantation of the Scots, whom hitherto they had profeſſed they would
permit quietly to live among them, and keep what they were poſſef-
ſed of; and the other part advanced towards the Engliſh Pale, and took
Dandaik taken in Dondalk, which they did with little difficulty, there being only one
by the Rebels. Company in the Town of the Army, commanded by a Lieutenant, who
having neither Arms nor Ammunition quickly yielded the place, which
he ſaw it impoſſible to defend, the Inhabitants being willing to Enter-
tain the Rebels into the Town, as they had before into their
Hearts, and
good Affections. After the taking of this Town, which was about the
beginning of November, they marched further into the County of Lowth,
and took in Ardee, a little Town within Seven Miles of Tredah.
The State had preſent advertiſement from tho Lord Moor, of their
opportunely Motions, and the Deſign they lrad upon Tredah,and the ill poſture it was
in ; and therefore diſpatched away Sir Henry Tichburn with a Regiment,
wlierein ſeveral, who had been Field-Officers in former Employments
,
voluntarily ſerved as private Captains, who going from Dublin the
third of November happily arrived there the next day; and after them
ſeveral Troops under the Command of Captain John Slaughter, Lieu-
tenant to Sir Thomas Lucas Commiſſary General,Thomas Graham Lieute-
pant to Sir Adam Loftus, and others; by which means that important
place was preſerved from falling into the hands of the Rebels.
The Lords Juſtices and Council did alſo with all diligence apply
themſelves now to fortifie the City and Suburbs of Dublin, which the
Rebels, among other Inſolencies, thircat'ned to Attaque ; Sir Charles Coot
was made Governour of the City, and had a Commiſſion to raiſe a Re-
giment of the poor ſtripped and diſpoiled Engliſh, who had taken San-
cłuary in that City; as alſo the Lord Lambert had to raiſe another :
But the greateſt difficulty was Money, which either was ſo really ſcarce,
or ſo pretended by the Mayor, Aldermen, and Citizens, that when the
Lords Juſtices ſent to borrow Money of them, to victual the Caſtle, and
carry on the Fortifications, they poſitively affirmed to the Board,
" The Corpora-
tion of Dublin all they could raiſe would not amount to above 40 l. and part of that
in Cattle too ; which to Poſterity will rather appear an Argument of
the little Affection they liad to the Government, and to keep out the
Rebels,
:1
:
Dublin for-
cificd.
not able to
raiſe aborc
folo
1
1
+
i
the Maniler of
the Rolls
1
1
from the Scotch Rebellion to the King's Muriber. 637
Rebels, than of any real Want or Poverty. However, the Maſter of Nõvemi.
the Rolls by a pretty Artifice got tlie Caſtle. plentifully Vi&ualled ; for 16:41:
obſerving the Frights and daily Alarms in which the Proteſtants in the
City were in, he laid hold upon this occaſion ; and ſending for ſome of Dublin Caſtle
the beſt Merchants of the Proteſtants, he repreſented to them how un- led by a preto
ſafe their Goods were in the Town, and adviſed them to bring them y. Arrifice of
for fecurity inco tlie Caſtfe, where they ſhould be under a ſtrong Guard ;
and withal engaged; That if they were made uſe of for the Publick
Service, he would become engaged for ſo much, which lie would re-
pay out of the firft Money conſigned from England; which promiſe
he exactly afterwards made good, by Bills drawn upon the Chamber of
London ; by this means he gor 2000 Barrels of Beef, 2000 Barrels of
Herrings, and a large proportion of Wheat into the Stores of the Ca-
ſtle, which afterwards proved of excellent Uſe for the Relief, not only of
the Caſtle, but of the Army, which was quartered in the City a long
time after.
To prevent Dangers which might happeri by the great reſort of
Strangers to the City, which raiſed great apprehenfions in the Honeſter
Party of the Inhabitants, 'a Proclamation was made, commanding all
Perfons in His Majeſties Name, not dwelling in the City of Dublin,
within one hour after the Publication thereof
, immediately to depart
upore pain of Death ; and this not ſeeming ſufficiently effectual, upon
the 28th of October a fecond Proclamation more ſevere was iſſued out,
to the fame purpoſe, with the penalty of death to ſuch as ſhould bar-
bour or entertain ſuch fufpitious Perſons. The Proclamations were as
follow.
1
By the Lords Juſtices, and Council.
1
1
1
William Parſons, Jo. Borlaſe.
Or great and weighty reaſons of State, concerning highly the Peace A Proclama-
and safety of this City and Kingdom, We do hereby in His Maje- ding all strain-
sties Name strictly Charge and Command all manner of Perſans of what gers upon pain
Degree and Condition foever, who are not dwellers in this City or Suburbs, of death to de
that within one hour after publiſhing this Proclamation, they depart from and Suburbs
of Dublin, 23
the Suburbs of this city, and return to their own dwellings, and that upon
Octob. 1641.
pain of death to be preſently executed upon them, if any of them be found
bere after that time; And all Houfholders in the suburbs, to whom any
fuch may come, are to be equally guilty with ſuch Contemners, if they
Lodge or Entertain any of the ſaid Perſons hereby required to depart.
Given at His Majeſties Caſtle of Dublin 23 Oktober, 1641.
R. Dillon,
Ad. Loftus,
Fo. Temples
Fr. Willoughby,
Ja. Ware,
Rob. Meredith.
:
By
1
4
1
1
638 An Impartial Collection of all the memorable Events
Novemb.
I 641.
By the Lords Juſtices and Council.
dcath to de
part out of
Oftob. 28.
William Parſons, Jo. Borlaſe.
A fecond Pro-
Hereas, notwithſtanding the late Proclamation publiſhed in this
clamation for W
all Strangers
City, requiring all Stangers to depart from the fame upon pain of.
upon pain of Death, divers Strangers do daily repair to the ſame, and are entertained
in ſeveral Houſes, both within the City and Suburbs thereof ; Theſe are
Dublin, &c. in His Majeſties Name ſtrictly to Charge and Command all ſuch Strangers
a's are of late come into this City, or into the Suburbs thereof, to depart
1641.
the ſame within one hour after the publiſhing of this Declaration, upon pain
of Death to be Executed on them by Martial Law : And all ſuch as have
entertained any ſuch Perſon or perſons into their Houſes, are hereby
Nrictly Required and Commanded to bring a Note of the Name of ſuch
Perſon or Perſons so entertained, to the Mayor of this City, by the hour
of Six of the clock this preſent Evening, upon pain of death, to be Exe-
cuted on them by Martial Law, who ſhall neglect ſo to do. Furthermore,
the ſeveral Conſtables of this City are required this Night to make Search
within this city and Suburbs thereof, for ſuch Strangers, and the har-
bourers of them, and to cauſe them to be apprehended, and detained, un-
til they ſhall receive directions from Us to the Contrary.
Given at His Majeſties Caſtle of Dublin the 28th day of Octob. 1641.
R. Dillon,
7. Temple,
Tho Rotherham,
Ja. Ware,
G. Wentworth,
Rob. Meredith.
1
And becauſe they faw, the ill Conſequence of the Calumny before.
mentioned, which the Rebels made uſe of, colouring all their impious
Villanies under the Sacred Name of His Majeſties Authority, the Lords
Juſtices and Council, to undeceive the abuſed People, and vindicate His
Majeſty from the horrid Scandal, iſſued out the following Proclama-,
tion.
By the Lords Juſtices and Council.
A Proclamati.
on againſt the
Calumny of
Commiſſion,
Wil. Parſons, Jo. Borlafe.
W
Hereas We the Lords Juſtices, and Council have lately found,
That there was a moſt diſloyal, wicked and deteſtable Conſpira-
the Rebels prc- cy, intended and plotted againſt the Lives of Us, the Lords Juſtices and
tence of a&ing Council
, and many others of His Majeſties faithful Subjects, eſpecially in
by the Kings
Ulſter, and the Borders thereof ; and for the ſurprizing, not only His
01. 30, 1641. Majeſties Caſtle of Dublin, His Majeſties principal Fort, but alſo of other
Fortifications in ſeveral Parts ; and although, by the great goodneſs, and
abundant mercy
of Almighty God to His Majeſty, and to this state and
Kingdom, theſe wicked Conſpiracies are brought to light, and ſome of the
Conſpirators committed to the Caſtle of Dublin by us, by His Majeſties
Authority, so as thoſe wicked and damnable Plots have not taken effect
in the chief Parts thereof; yet ſome of thoſe wicked Malefactors have
ſurpriſed
2,
1
4
".
1
.
from the Scotch Rebellion to the King's Murther. 639
Surpriſed ſome of His Majeſty's Forts and Garriſons in the North of Ireland, Novenian
Main divers of His Majeſties good Subjects, impriſoned ſome, and robbed | 16 4 1.
and Spoiled very many others, and continue yet in thoſe Rebellicus coar-
ſes; againſt whom therefore ſome of His Majeſties Forces are now march-
ing to fight againſt them, and ſubdue them, thereby to render Safety to
His Majeſty's faithful Subjects. And whereas to colour and countenance
thoſe their wicked Intendments, and Acts, and in hope to guin the more
Numbers, and Reputation to themſelves and their proceedings, in the opi-
nion of the ignorant Common l'eople, thoſe Conſpirators have yet gone
further, and to their other high Crimes and Offences, have added this
further wickedneſs, even to traduce the Crown and State, as well of Enge
land as Ireland, by Falje, Seditious and. Scandalous Reports, and Rus
mors spread abroad by ther. We therefore, to vindicate the Crown and
State of both Kingdoms, from thoſe falſe and wicked Calumnies, Do here-
by in His Majeſties Name Publiſ and Declare, That the ſaid Reports So
Spread abroad by thoſe wicked Perſons , are moſt Falſe, Wicked, and
Traiterow; and that we have full Power and Authority from His Ma-
jelty, to proſecute and ſubdue thoſe Rebels and Traytors, which now We are
doing accordingly, by the Power and Strength of His Majeſty's Army,
and with the Alliſtance of His Majeſty's Good and Loyal Subjects ; and We
no way doubt, but all His Majeſty's Good and Faithful Subjects will
give Faith and Credit to us, who have the Honour to be truſted by His
Majeſty ſo highly, as to ſerve Him in the Government of this His King-
dom, rather than to the vain, idle, and wicked Reports of ſuch lewd and
wicked Conspirators, who ſpread thoſe falſe and ſėditious Rumors, hoping
to ſeduce a great number to their Party. And as We now believe, that
Some who have joyned themſelves with thoſe Conſpirators, had no band in
contriving, or plotting the miſchiefs intended, but under the pretence of
thoſe ſeditious Scandals were deluded by thoſe Conſpirators, and ſo are
now become ignorantly involved in their guilts ; so in favour and mercy to
thoſe ſo deluded, We berely Charge and Command them in His Majeſty's
Name, now from us to take light to guide them from that darkneſs, into
which they were miſled by the wicked ſeducement of thoſe Conſpirators,
and to depart from them, and from their wicked Counſels, and Actions,
and according to the duty of Loyal Subjects, to ſubmit themſelves to his
Sacred Majeſty, and to his Royal Authority, intruſted with us. But in
caſe thoſe Perſons which were no Plotters, nor Contrivers of the ſaid
Treaſon, but were ſince ſeduced to joyn with them, as aforeſaid, lay not
hold of this His Majeſty's Grace and Favour, now tendred unto them;
then We do by this Proclamation Publiſh and Declare, That they ſhall
hereafter be reputed, and taken equally guilty with the ſaid Plotters and
Contrivers, and as uncapable of Favour and Mercy as they are.
Given at His Majeſty's Caſtle of Dublin the 30th of O&tober, 1641.
La. Dublin,
R. Ranelagh,
Ant. Midenfis,
John Rophoe,
R. Dillon,
7. Temple,
P. Crosbie.
Fa. Ware.
Rob. Meredith.
Vol. II.
Nnnn
Let'
I
1
show
.
:
1
1 6 41.
640 An Impartial Collection of all the memorable Events
Novemb. Let us now repaſs again to the Affairs of England, where we left the
Skie alſo lowring, and the gathering Clouds threat’ning Tempeſtuous
Weather in the State.
Friday,
This day the Lord Keeper informed the Houſe of Lords, That the Ves
Novemb, 12.
netian Ambaſador, made a complaint to the Lords of the Council, That
the Diſpatches which were ſent to him this Week were opened, and the
Complains of
Seal of the State of Venice, broken by the Parliament, at which he
the breaking
finds himſelf ſo much aggrieved, that he hath retired himſelf from the
Pacquer. Publick Affairs, as an Ambaſador between this Kingdom and that State,
until he receives further Commands from his Maſters. Then was read
a Paper ( being a Tranſlation out of Italian, delivered by the faid Am-
baſſador the Contents whereof was as follows.
The Venetiar
Ambaſſador
open of his
The Venetian
Ambaſſador's
Memorial a-
T
Letters.
Moſt Noble Lords,
He Correſpondency betwixt Princes, hath always been the moſt im-
mediate Ways of a true Intereſt, of maintaining of Eſtates, and of
king tip of his continuing of Commerce to the Benefit' and Increaſe of the common-
Wealth.
To Cultivate this, the moſt great Kings, hath always uſed the utmoſt
Induſtry, and to facilitate it, they have introduced the Expedient of Arja
baſſadors to confirm it, betwixt the one and the other Kingdom. In this
there hath been all Refpeét rendred to all Princes, at all times, not only
having made the large Prerogatives and Liberties, the very fame, as I
may ſay, with the posſeſſion of their Dominions ; and amongſt the moſt re-
markable and equally neceſary, that Privilege, by which we may receive
Letters, and ſend from each Prince, or any perſon whatſoever without In-
terruption, which is the moſt principal Office of an Ambaſſador. Which
Practice, Moſt Noble Lords, is not the Laws of our Nation alone, but Uni-
verfal, and hath been maintained. inviolate, by the Kings, and the Pub-
lick of all Chriſtian Governments, no leſs than amongst the most Bar-
barous.
I nevertheleſs cannot ſay, but I have injoyed in this great Court, that
juſt Reſpect, until the laſt Letters were opened, which came from France
to me Directed; wbich although they were reſtored by my Lord Fielding
and Sir Henry Vane, who upon their Honor, allured me, that it was a
pure Error, and not willingly committed; which though I do believe, yet I
could not perſwade my ſelf, that the Government of England, ſo Noble and
Generous, should have ſo inferior a Mind, as to open the Letters of an
Ambaſador, and by this means, to Violate the Laws, and to give an ill
Example to the World, of ſo little Reſpect towards the Miniſters of the
moſt Šerene Republick of Venice, which for so many Ages, hath gi-
ven a Sincere Teſtimony of Affection, and Eſteem to this Crown.
But now freſh Experience to my great Affli&tion, bath given Teſtimony
of the contrary, being yeſterday all the Letters were opened, coming from
Venice, Antwerp, and other countries, and the very Letters writ unto
me, from the moſt Serene Republick, and the Regal Seal being broken, and
the Commiſſion ſent from my Lords being publiſhed, and many of my own
Letters being taken; the Conſequences of which, cannot be approved of by
any.
I have judged it convenient, to give Notice unto your Excellencies,
by which according to the greatneſs of your Wiſdoms, you may take it into
Conſideration, and take ſuch Reſolutions therein, as you ſhall judge neceſa-
ry,
ܪܐ
.
h
7
WHY
1
.
HILL
+
;
"
1
::
I.4I
1
-
1:
.
.
F
morial.
from the Scotch Rebellion to the King's Murtber.
641
ry, for maintaining the Honor of.this Nation, and the Publick Faith, un Novem.
der the Protection of which, Ambaſadors live; ſo that it may be known to
all Princes, that in England they do not introduce New Laws, but that
they will maintain the conſtant Profeſſion, of rendring the ancient Reſpects,
which are due to the möjl Serene Republick of Venice.
Whereupon the Houſe thought it fit and agreed, That Satisfaction
for this ſhall be given to the State of Venice, and to the Ambaſſador for
the preſent; and the Houſe appointed the E. of Briſtol, E. of Holland,
Viſcount Say and Seal, L. Digby, and the L. Newnham, to draw up pre-
fently, what was fit to be given by Way of Anſwer to the Venetian Am-
baſſador.
Their Lordſhips preſented a Draught to the Houſe, which was read
in theſe Words, viz.
That four Members of the Houſe of Peers, be forthwith ſent to the The Anſwer of
Ambaſſador's to diſavow the Action, and to endeavor to give him all the tie Houſe of
Satisfaction pollible, by declaring how ſenſible they are of it, as tending to Venetian Am-
the Breach of Publick Faith, and the Law of Nations; and to ſhew fur- baltadors Mc-
ther how deſirous they are to continue the ancient correſpondency, betwixt
the King and that State, and that the Houſe of Peers are reſolved, to be
humble Suitors to his Majeſty, to haſten the departure of his Ambaſſador,
to make krown to that State the ſame Senſe, with ſuch other Expreſſions,
as may beſt declare the tender Reſpect they have to the Honor of that
State, and the Noble Vſage their Miniſters may expect and ſhall find in
their Reſidence here from the King and Parliament.
And the Lord Privy Seal, L. G. Chamberlain, L. M. of Hertford, and
the L. Newnham, ivere appointed to deliver this Anſwer to the Venetian
Ambaſador.
After this the 13 Biſhops which ſtand Impeached in this Houſe, from
the Houſe of Commons, for Crimes in making the late Cànons and Con-
ſtitutions, and granting a Benevolence unto the King, being by Order
of the Houſe, to put in their Anſwers to the ſaid Impeachment, were re-
quired by the Speaker, in the Name of this Houſe, to put in their An-
fwers.
Their Impeacliment brought up from the Houſe of Commons was The Biſhops
read; and then the Council Aſſigned the Biſhops were called in, and de- put in their
manded to give in the Anſwers of the Biſhops ; they Anſwered,
they had and Demurrër.
delivered in the ſaid Anſwer to the Lords the Biſhops. The Biſhop of
Winton hereupon delivered his Anſwer, with the reſt of the Impeached
Biſhops in Writing, ſubſcribed with all their Hands, excepting the Lord
Biſhop of Gloceſter, who delivered in his by himſelf, by Word of Mouth,
and pleaded not Guilty Modo & Formâ, as is charged in the Impeach-
ment.
Then the Anſwer of the Biſhops was read, which conſiſted of a Plea
and Demurrer.
The Council being commanded to withdraw, the Houſe took it into
Conſideration, and reſolved to communicate it to the Houſe of Com-
mons, which was done accordingly, the Meſſage being ſent by
Serjeant Whitfield and Serjeant Glaxvile.
The Houſe of Commons fell upon the Debate of the Iriſh-Affairs, and
came thereupon to theſe Votes.
Reſolved upon the Queſtion,
That this Houſe holds it fit, That forthwith ſo many Officers be ſent
Vol. II.
Nnnn 2
-
.
over
642 An Impartial Collection of all the memorable Events
1
2000sol. VO.
the Rebels in
Ireland.
Novemb. 1 over into the North Parts of Ireland, as ſhall be ſufficient to Coirimand
1 6-41. 2000 Men.
Reſolved, &c.
That ſo many Officers ſhall be ſent into the Province of Munſter in
Ireland, as Mall Command a Thouſand Foot, and a Troop of Horſe.
Reſolved, &c.
That it be propounded to the Lords, That Order be taken for the ſecu-
ring the ſeveral Forts of Ireland, viz.of Cork, Waterford, Limrick, King-
ſale, Youghall
, Galloway, and Baltimore.
The Houſe was then Reſolved into a Grand Committee of the whole
Houſe, to conſider of fome Courſe, for providing Preſent Money for the
Service of Ireland ; and Mr. Hyde, reported the Debate.
Whereupon it was Reſolved upon the Queſtion,
That 200000 l. ſhall be raiſed for the Supprelling of the Rebels in Ire-
ted to ſuppreſs land, for Security of this Kingdom, and for payment of Debts.
Then Mr. Pym Reported from the Committee for Iriſh Affairs.
(1.) That he was commanded to preſent a State of the Army, what
charge it will be to the Common-Wealth, to maintain ſuch Men as will be
neceſſary for the Defence of Ireland.
Thoſe Gentlemen that are appointed as a Council of War, to prepare
things for this Houſe, have proportioned the Charge in a middle way be-
tween 1618 and 1639.
The Charge of That the Pay of a Regiment of 1000 Men, together with the Officers,
a Regiment of
amounts unto 19201 l. per Annum : for one Regiment of 6co Horſe,
Foot with the 37310 l. per Ann. For the general Officers of the Field, 19541 l. 8s. 2d.
per Annum.
Reſolved, &c.
That this Houſe ſhall infist upon their former Vote of accepting at this.
preſent of 1000 Men, only to.be Raiſed in Scotland to be ſent into Ire-
land.
Saturday, The Lord-Keeper being ſo indiſpoſed that he was not able to come to
Novemb.13. the Houſe, the Lord Privy-Seal was appointed to be the Speaker of
the Houſe for this day.
The Lord Kymbolton then reported ſome Propoſitions from the Com-
mittees of both Houſes for the Iriſh Affairs, which were read as fol-
loweth.
Horſe and
Field Officers.
1
(1.) That Officers for 2000 Foot ſhall be ſent, &c. ut ſupra in the
Votes.
(2.) That it ſhall be referred to the Lord Lieutenant to make a List
of thoſe Officers, and to appoint of what numbers each company Mall confift
of.
(3.) That the 1300 Arms that are ixCarliſle, ſhall be ſent away preſently
to the North Parts of Ireland, and Arms for one Troop of Horſe.
(4.) That the Forty old Foot Companies be recruited unto ioo Men in a
Company
(5.) That the Recommendation of Sir John Clotworthy to ſome honoura-
ble Entertainment in Ireland, be propoſed to tbe Lords.
(6.) That the like Recommendation be for the Lord Dungaruan, and for
the Command of Youglal; this requeſt the Lord Dungaruan deſires may
be left to the Lord Lieutenant.
I
(7.) That
i4
11
10
:
HI
S
1
::
+
1
| fador, to make excuſe for this particular Buſineſs, before he Treat of any
from the Scotch Rebellion to the King's Murther. 643
(7.). That Officers be ſent into Munſter for 1000 Foot, and i Troop of Novemb.
Horſe, and this was the eaſier yielded u1970, becauſe the Lord Dungaruan in-
1 641.
formed, that the Soldiers should receive no Pay, till they were ready to
March againſt the Eneriy.
(8.) That preſent order be taken for ſecuring the Port Towns of Mun-
ſter; as Cork, Waterford, Limrick, Kynſale, Youghal, Baltimore; Slego,
and Garway is Connaght ; becauſe theſe Towns lie on the South-West of
Ireland near Spain.
(9.) That the officers may be ſpeedily ſent for Dublin .
(10.) It is thought fit by the Committees, that Sir Simon Harcourt
should have the Sallary of 20 s. per diem above the rest for his Command of
Dublin.
(11.) That tbe Entertainments of every Regiment of Foot and the Pay
of the Officers of the Army ſhall be from the Date of their Commiſlions, and
Sir Simon Harcourt to go away preſently, to all which the Lords alext-
ed.
The Lord Newnham reported, That himſelf and the reſt of the Lords Lord Newn-
appointed by this Houſe, repaired to the Venetian Ambaſſador, and deli- bam's Report
vered unto him the Paper Tranſlated into Italian, touching the excuſe for an Ambaſſa-
opening his Letters, and after he had read it, be preſented unto the Houſe. dors receiving
great thanks for ſending perſons of ſuch great place in this State unto him, from the
and promiſed he would repreſent the same to the State of Venice, with as Lords
much reſpect as he could; But deſired that the Kings Ambaſſador may be
Sent away as ſpeedily as may be to Venice, in the nature of a ſpecial Ambal-
Publick Affairs; and for prevention of any Accident for the future, he deſires
to have an Order to the Post-Maſter, that his Letters may be ſpeedily ſent him.
Whereupon the Houſe thought fit,That the firſt deſire concerning the Ambaſ-
Sador, be left to the Pleaſure of His Majeſty, and for the other, it was Or-
dered, That ſuch Pacquets and Letters as are or shall be directed to the
Venetian Ambalador, Mall be forthwith delivered up to the ſaid Ambalas
dor's own hands.
It was this day Ordered, That the Earl of Newport, Maſter of the Order for
Ordnance, ſhall have power by Virtue of this Order to ſend his
Commands, bring ing up
and I[ue forth Warrants for the bringing up the Magazine of Arms and the Ammuni,
Ammunition, remaining now in Kingſton upon Hull, unto the Tower of
London for the ſecuring of the Kingdom.
It was alſo Ordered, That becauſe the Lord Lieutenant of Ireland hath Order about
not
been inveſted in the Formality of his Place by the receiving of the Sword the L. Licure-
in Ireland, That his Lordſhip ſhall have power by Virtue of this order to cando
give Command to the Lords Juſtices of Ireland to ſeize upon the perſons of
any that are ſuſpected , until they ſhall clear themſelves unto the said
Lords Fuſtices there.
At a Conference this day, the Commons deſired, That the firſt fix
Articles of Instructions to the Commiſioners in Scotland; to which the Lords
had already agreed with ſome little Alterations, as that 10000 Men might
be raiſed in Scotland for the ſervice of Ireland, might be speedily ſent a.
way by Mr. Pickering; and for the remaining Articles touching ill Counſels
and Counſellors, they deſire their Lordſhips would joyn therein, and they will
tarry.four or five days for their Lordſhips Reſolutions.
Whereupon the 6 Articles were didinctly read over again, and the
Houſe agreed to them all, and Reſolved to take the reſt into Conſidera-
tion hereafter.
Then
.
1
r
i
644 An Impartial Collection of all the memorable Events
Novemb. Then the Petition which was to go along with the Inſtructions, was
16 41. read in hæc verba.
1
1
The Petition
to the King
in Scotland
tccs.
of the City a.
Moncy
To the King's Moſt Excellent Majeſty.
The Humble Petition of the Lords and Commons in Parliament:
Moſt Gracious Soveraign,
WHereas this Meſſenger Mr. Pickering is imployed with Inſtructions to
our Committees in Scotland, to Petition your Majesty to propound to
fent with the your Parliament of Scotland our deſire of ſome Aids from that Kingdom for
Inftrudlons to the ſuppreſling of the Rebels in Ireland; if it fall out, that your Majesty
,
ſhall be come out of Scotland , or our Committees before the Arrival
of this Meſſenger there, We humbly beſeech your Majeſty to give Authori-
ty to the ſaid Mr. Pickering to preſent the ſaid Inſtructions to the Parlia-
ment of Scotland and to bring back their Anſwer to the Parliament of Eng.
land.' Which being read was Approved by the Houſe: -
the Apſwer
In the Commons Houſe Sir Thomas Barrington Reports the Anſwer
bout leading of the City, That the Committee who were Ordered to carry the Letters
which came last from Ireland to the City, to ſtir them up to lend Money, found
a great deal of" willingneſs and readineſs in the City to do it ; the Lord
Mayor deſired to know the particulars we bad in Charge for their ſecurity,
whichs being made known unto them together with the miſerable condition of
Ireland, Mr. Recorder did very much promote the Buſineſs, and preled
them to give their Votes: but before they did that they deſired by way of Pro-
politions
to offer
ſomething, not by way of Contract, to this Honourable itouſe.
(1.) That the Money ſhould be paid as the A&t was. palled. (2.) That by
reaſon of the Privilege of the Members of both Houſes, and by reaſon of
the Protections granted eſpecially by the Lords, a vaſt Sum of Money is de-
tained from them, ſo that Trade cannot be driven, nor are they so ena.
bled to lend Money, as they deſire, for the ſervice of the Commor-:vealth.
(3.) They ſaid they were ſenſible of the miſeries of the Proteſtants in Tre-
land, and of the Power of the Papiſts there ; and therefore did preſs with
much earneſtneſs, That the Perſons of the Popiſh Lords, and other perſons
of Quality here in England might be ſecured, lejt the ſame Deſign might be
intended by them here, which they have cauſe to fear: Next, That there
were divers Laws and good Motions ſent up to the Lords for the good of
this Church and Common-wealth, and that the great impediment which did
ariſe there that they paſſed not, was from the Biſhops, and they did conceive
that ſo long as their Votes
, was in the Parliament, it would be a hindrance
to the Progreſs of all good Laws and Motions; and therefore they deſired a
further endeavour to take away their Votes; This being thus ſaid by them,
they put it to the Vote for lending Money,and not one Hand or Vote againji
it; And they did further declare, That if the Lord
Mayor would ſend to
Ward they would preſently pay the Money, or ſubſcribe to do it in a
.
+
every
ſhort time.
The Reader may now obſerve, That the City began to Dance after
the Pipe of the Faction at Weſtminſter ; and to load the poor Biſhops
with being the Cauſe of the ſtoppage of the intended Reformation
They had wreſted the Lord Mayor's Prerogative from him in the Ele-
ction of one of the Sheriffs, as before was thewn; and did with great
induſtry,
1
4
1
from the Scotch Rebellion to the King's Murther. 645
I 64.I.
Plez and Des
murrer, vored
Dilatory
induſtry endeavour to get the Government of the City out of the hands Novemb.
of thoſe who were of known Loyalty to the Crown, and Affection to
the Church.
The Faction in the Commons Houſe needed not this Spur, to quic-
ken the Carcer of their Animoſity againſt the Lords the Biſhops ; how-
ever it was extream welcome to them, and an uſual Artifice by their
Agents to put both the City and Country upon Directing and Petition-
ing, what they liad a mind to bring to paſs; this gave a great colour
to their proceedings, as being agreeable to the deſire of the Nation, the
mind of the People of England, and the wiſhes of the City; for thoſe
of their Tribe, though not the 40th part of the City, Nation, or People,
yet they took upon them theſe great Names: And this Arrogant Uſur:
pation of making themſelves the Repreſentatives of the good People of
England, was a vanity which was inſeparable to the Party, and which
we Ihall find them making Uſe of upon all occaſions.
The Houſe of Commons thereupon fell briskly upon the Plea and De- The Biſhops
murrer of the Biſhops, which was read twice, and then it was
Reſolved, &c.
That this plea and Demurrer of the Biſhops is Dilatory and inſuf-
ficient.
This Vote ſeems to be given at all adventure, for after the Vote, a
Committee was appointed to conſider of the Plea and Demurrer, and
to preſent their Opinion, what they think fit to be done upon it; and
after ſome time, Serjeant Wild Reported, That after a long Debate in
the Committee, and variety of Opinions, they came at laſt to this conclu-
fion, That this plea and Demurrer is Dilatory and inſufficient : juſt as
the Houſe had Voted before, and without fhewing any Reaſons why;
but that theſe 12 Biſliops have made no Anſwer, and therefore to de
fire the Lords, That they may put in a peremptory Anſwer, ſuch as they
will ſtand unto.
There is not the meaneſt Freeholder in England, but by the Com-
mon Law of England, ought to have had the Liberty to have a Demur-
rer argued ; and unleſs it could be over-ruled by ſound Reaſon and
Law, it muſt have been allowed a good Plea : and yet theſe venerable
Men, who had all the ſecurity that the Magna Charta, the Common
and Statute Law could afford them, for their right of Peerage, and
Voting in Parliament; could not be allowed that Common Right, but
without the leaſt ſhadow or Error in the Plea and Demurrer afligned,
muſt be obliged to give another Anſwer : This was the Juſtice of thoſe
Men and Times.
But it was no wonder to ſee them violate the Laws of Reaſon, Reli-
gion and their own Nation ; for even the Law of Nations, as you have
ſeen before in the Venetian Ambaſſadador's Caſe, whoſe Letters were
opened at their Inſtance and Direction, was not able to preſerve its Sa-
cred Power. For a Complaint was brought to the Commons Houſe
by Segnior Amerigo, the Agent of the Duke of Florence, that under
pretence of ſearching for Prieſts, his Houſe was broken open, by Perſons
who ſhewed their Authority for it: And hereupon even ſhame, leſt The Aģeat of
Foreign Nations ſhould withdraw all Commerce and Correſponderice Florence out-
from them who violate the Common Law of all Nations, obliged them
raged.
to appoint a Committee, To conſider of the Oxtrages (theſe are the words
of their own. Journal offered to Segnior Amerigo Agent to the Duke
1
of
كرام
1
.
646 An Impartial Collection of all the memorable Events
+
Novemb. of Florence, and likewiſe to conſider of the Abuſes of thoſe Men, that are
1641. imployed by this Houſe for apprehending of Prieſts; and they are to confi-
v der of ſome fit way of Reparation, to be made to Segnior Amerigo, and to
preſent them to the Houſe.
This day a Petition of the City of London was read, Touching the abuſe
Monday,
Novemb.15.
of many Protections, which was to the ſtopping of Trade, &c. but becauſe
the Petition was too General, it was agreed it ſhould be delivered back
again to be mended, and then their Lordſhips will conſider further of
it.
:
A Meſſage was ſent from the Houſe of Commons to deſire, That the
Examinations taken by the Lords Committees concerning the Plot of the
Army, may be ſent down to the Houſe of Commons, to be made uſe of.
The Examinations were delivered, Sealed to the Clerk of the Parlia-
ment, and it was Debated, Whether they ſhould be openly read in the
Lords Houſe, before they were ſent down, and upon the Queſtion it was
Reſolved, That they should; and thereupon they were opened, and read
acccordingly.
They had now' a Neceſſity to revive the Buſineſs of the Deſign of
bringing up the Army, that by the Aſſiſtance of that, which they made
a mighty Plot, they might inforce the great Neceſſity of the King's
parting with all his Friends in Power and Truſt, under the Notion of
Evil Counſellors; with which Debate, the Houſe of Commons was in a
manner now wholly taken up: but ſure they were the moſt Fortunate
Perſons in the World, to be upon all Occaſions furniſhed with the dif-
covery of freſh Plots, to carry on their Deſigns, and give them coun-
tenance among the Amazed and Affrighted People; and one lies under
the Temptation of Lelieving, that they were the Contrivances of the
Faction, ratlier than Realities, when it is obſerved how luckily the Dif-
coveries happened to fall in with their other Deſigns. For in the very
nick of time, when they were at a dead-lift, to get the Houſe of Lords
purged of the Popith, and Popiſhly Affected Lords and Bishops, up ſtarts
one Beal a Taylor, and Diſcovers a mighty Plot. For this Day à Mel-
fage was brought from the Houſe of Commons by John Hampden Efq;
to let their Lordſhips know, That this Day 'there came a Man to the
Door of the Houſe of Commons, and ſent in Word, That he kad Matters.
of a high Nature to reveal, concerning Some Lords and Members of the
Huſe of Commons ; Upon this the Houſe ſent forth fome Members to
ſpeak with the Man, who acquainting the Houſe with ſome Diſcourſe
they had with him, the Commons ſent for him in, who beginning to re-
late the Buſineſs, the Houſe of Commons would not ſuffer him to name
any Perſon, left the Parties hearing of it, ſhould Fly. And becauſe it
concerned ſome Peers of this Houſe, the Houſe of Commons have ſent
the Man, who is now at the Door, ready to be Examined openly, or in
what manner elſe their Lordſhips in their Wiſdom ſhall think fit.
Thien Thomas Beal a Taylor dwelling in White-Croſs Street, was cal-
led in and made a Relation of the whole Matter, with all the Circum-
ſtances, which was as follows.
Beal's Plot.
T
real's Narra-
tive before
tlie Lords.
Hat this day at Twelve of the Clock, he went into the Fields near unto
the Poſt-Houſe, and walking on a private Bank, he heard ſome
talking, but did not ſee them at firſt
, but finding them by the Voice, he
coming within hearing of them, underſtood they talked of State Affairs :
and going nearer them, he heard one of them ſay, that it was a wicked thing
that
4
1
0
from the Scotch Rebellion to sbe King's Meriber.
642
that the laſt Plot did not take, but if this goes on,as is in Hand and intens Novemila
ded, they shall be all made. And alſo heard them faj, That there was
I 641.
108 Men appointed, to kill 108 Perfoxs of the Parliament, every One his
Mix, ſome were Lords, and the others were to be Members of the Houſe
of Commons, all Puritans; and the Sacrament was to be Adminiſtred to
the 108 Men for performing of this; and thoſe that killed the Lords were
to bave rol. and thoſe that were to kill the Members of the Houſe of
Commons 40 s. That Gorges being the 37th Man, had taken the Sacra- Very arabic
ment on Saturday, to kill one of the Houſe of Commons, and had receiv- Rewards
.
That one Phillips coming to Landon on Sunday Night late, was charged
to be at my Lord's Chamber, where was only my Lord, Father Jones, and
Father Andrews; he alſo had his Charge and five more with him, he being
the 108 man, and the laſt as he thought.
That Phillips had been in Warwick-fhire and in Buckingham-lhire with
Letters, and that be delivered Letters to Mr. Sheldon, wbo gave him his
Dimer, and a Piece for his Pains, charging him to make hafte to London
agaik, and giving him Letters to deliver to my Lord.
That Dick Jones was appointed to kill that Raſcally Puritan Pym, and
that 4 Tradeſmen were to kill the Puritan Citizens woich were Parlia-
ed 40 S.
mont men.
That on the ſame day being the 18tb of this Month, when tbe City Saall
be in a Tamult, there ſhall be Riſings in Six
ſeveral Parts of this Land by
tbe Papifts, viz. in Warwick-ſhire, Worceſter-fhire Buckinghamahire, Lan-
caſhire, and Two other places which he remembers wot.
That thoſe that were to kill the Lords were brave Gallants in their
Scarlet Coats, and bad received every max 10 l. a piece, and when that
was gone, they might come and fetcb more.
That this was to be done either coming down Stairs, or taking their Coa-
ches, or extring into their Lodgings, or any other way as they ſhould ſee opa
portunity.
That although all ibere not killed, yet the Tumult would be so great,
that it would prevent fending to Ireland, and that was Father Andrews
his Wit, to prevent ſending thither; becauſe if they prevailed there,
they shauld not have Cauſe to fear here.
This Relation being made, Beal was commanded to withdraw, and the
Houſe took into ſerions-Confideration, what Courſe was fit to be speedily tas
ken in this. Buſineſs. And the Houſe being informed, That there is one
Father Brown a Prieſt in the Gate-Houſe, who is a likely Man to give
Information and Deſcriptions of Jones and Andrews mentioned by Beal the
Lord Chief Juſtice of the Common-Pleas, and Mr. Juſtice Reeves were
appointed to go prefently to the Gate-Houſe, to take his Examinai
tions.
It was alſo Ordered, That the Justices of the Peace, of the City and order to Ap-
Liberties of Weſtminſter, the Juſtices of Peace for the County of Middle printed
ſex, and the Lord Mayor and Sheriffs of London, do preſently make spee- Jefüics.
dy and privy Search this Night for Father Jones, and Father Andrews
Priests, and for all other Seminary Prieſts and Jeſuits, and to cauſe them
to be fortbrith Taken and Apprehended, and put into ſafe Cuftody, until
the further Pleaſure of this Houſe be known, and that their Names be re-
turned to this Houſe; and that any Man that ſhall diſcover any Popiſh
Priest or Jefuit, and procure them to be Apprehended, shall be rewarded
by the Parliament.
Vol. II.
оооо
It
T
+
Order to ſcize
the two Mr.
1
Beal's Diſco-
very.
..
!
.
1
a ſafe and Strong
648 An Impartial Collection of all the memorable Events
Novemb. It was further Ordered, That the Gentleman Vlher attending this
1641. Fouſes or his. Deputy; ſhall repair unto Edward Sheldon Eſquire the EL
der, and Edward Sheldon thé Tounger bis Son, and bring them unto the
+
Sheldons upon Thall be Cauſe; and that the Sheriff of the County, wherein the ſaid Mr.
Sheldons now Reſide; ſhall Aid and Allift the ſaid Gentleman vjher,or his
Deputies, for the ſafe bringing up of the ſaid Mr. Sheldons to the Houſe,
if the said Gentleman Vlher, or his :Deputies Mall deſire it. And that
the ſaid Gentleman Uſher, or his Deputies, Jhall call in two of the next
Juſtices of the Peace, and Seal up their Study Doors, and make ſearch for
Prielis and Feſuits, and bring them up, that they may be Proceeded againſt
as this Houſe hall direct.
Ordered, That Mr. William Sheldon now in Town, be forth-coming at
ſuch time, as this Houſe ſhall ſend for him ; and in the mean time,lis Stu-
dy to be ſealed until further Order.
Ordered, That all Lords. Recufants being Members of this Houſe, and
Peers of Parliament, being now in Town, Shall come to this Houſe on Tueſ-
day the 16th of this Inſtant November, by. Nine of the clock in the
Morning:
Ordered, That ſtrict. and near Search ſhall be made, with all poſſible
Speed in all Parts, in and about the City of London, and the Liberties
thereof, for one called or known "By the Name of Richard Jones, who be-
ing Apprehended, ſhall be forthwith brought before the Houſe.
And it was alſo Ordered, That the Deputy-Lieutenants of the Counties
of Worceſter, Lancaſhire, Warwick-ſhire, and Buckingham-lhire, have
Charge to ſecure the ſaid Counties.
The Lord Chief Juſtice of the Common-Pleas, Reported, Thnt he hath
Examined Father Brown, whether he knows any ſuch Men, as Father
Jones, and Father Andrews, and his Anſwer is, he knows no ſuche...
In thie Commons Houſe, a Committee was appointed to prepare a
Draught of an Ordinance of Parliament, for the putting the Trained-
Bands into a readineſs, and poſture of Defence upon all Occaſions, and
likewiſe for ſecuring the Perſons of the Prime Papiſts, and the Knights,
Citizens, and Burgeſſes to bring in Liſts of the Prime Papiſts in their
ſeveral Counties, and to preſent a Liſt of their Names to the Houſe.
Tueſday
Novemb. 16,
It was this Day Ordered, That Mr: Artlur.-Trever ſhall be Aſſigned to
be of Council with the Lord's the Biſhops that are Impeached.
It was moved, That leaſt the Merchants at Venice, may ſuffer for the
Order for sen opening of the Venetian Ambaſſador's Letters here, that. a Committee
curity of the might be appointed to conſider of ſome Diſpatch to be ſent to the King's
Agent at Venice, to let him know what Satisfaction hath been given by
the Houſe of Lords to the Ambaſſador here; that fo he may be the bet
ter enabled and Inſtructed how to apply himſelf to the State, there to
give them Satisfaction. And the fame Lords that went to the Ambaſſa-
dor, were appointed to do it.
:
Then the Lord Privy Seal reported the laſt Conference, Tharithe
Commons had given in a Lift:of the Prime Papiſts, Nobility, Knights and
Gentlemen, in the Counties of Warwick, Southampton, Dorſet, Worceſter,
Bucks, Lancaſter, Pembroke, and Stafford'; -which they defired might be
fecured for the Safety of the Kingdom in this time of Danger.
Then was read an Ordinance, which the Commons delirėd the Lords
to joyn with them in,which was as followeth.
The
a
+
1
1
Mr. Trevor of
Council for
Merchants at
Venice.
.
1
1
F
1
EN
.
TH
An Ordinance
iſſued out up-
formation,
from the Scotch Rebellion to the King's Murther. 649
November
He Lords and Commons Aſſembled in Parliament; having received 1641.
Informations of dangerous Deſigns and Pralliſes, by Prieſts and Je-
Juits and Ill-Affected Perſons, to diſturb the Peace of this state, and the
Proceedings of Parliament, and to attempt upon
the Perfons of many of the on Beal's In-
Members of both, Houſes. And rell knowing, That there is no iray to pre-
vent the Nli ſchief, which the Malice of ſuch Men may fuddainly bring up-
on the Realm, to the utter Subverſion of our Religion, Laws, and Liber-
ties, but by putting the Kingdom into a Poſture of Defence, and ſo to be
ready upon all Occaſions, to oppoſe Force to Force. They the Lords and
Commons have thought fit to Appoint and Ordain, and do hereby Appoint
and Ordain the Earl of Eſſex, to have the Trained Bainds of the ſeveral
Counties in readineſs; and do hereby give him Power, to command them
whenfoever there ſhall be need to March and Gather themſelves into a Bo-
dy, and to oppoſé, and ſet upon all thoſe, who ſhall attempt, or do any
thing, which may
le prejudicial to the Publick l'ence, or Dangerous to the
Parliament in General, or to any of the Members of Parliament in particu-
lar ; and they the ſaid Lord and Commons, do likewiſe hereby, and injoyn
all the Trained-Bands of the ſeveral Counties, and every particular Per-
Son, who is Officer or Soldier of the Trained-Bands to be obedient to the
Commands of the ſaid Earl, as they will Anſwer the contrary at their
Perils.
T
A Meſſage was brought from the Houſe of Commons by Sir William A further Ac-
Armyn Baronet, to deſire a free Conference by a Cominittee of both ference of
Houſes, touching the ſafety of the Kingdom. At which the Commons Beal's Ploc.
acquainted their Lordſhips, Thai they have difiovered ſome things fur-
ther concerning the Plot which was related by Beal ; for upon Examina-
tion they are informed, That there are two fuc! Prieſts as Father Jones,
and Father Andrews ; Jones they underli and is here in Town, at tle Earl
of Worceſter's Houſe,; and Andrew's is deſcribed to be near 50 Tears
of Age, and uſes to come much to Sir Baſil Brook's Houſe : And they let
their Lordſhips know, That the Houſe of Commons have cauſed a Guard
to be ſet about the Earl of Worceſter's Houſe; and huve Ordered, That
his Houſe Jhall be ſearched; but becauſe he is a Peer of this Houſe,
they have firſt acquainted their Lordſhips therewith. This Information
was given to the Commons by one Mr. Wadſworth.
The Houſe of Commons further thinks fit, that a Declaration be made,
That whoſoever of the 108 Men deſigned to do this miſchief, Jhall come
in and diſcover the ſame, both Houſes will be humble Suitors to the King,
that they may be Pardoned, and they ſhall be well Rewarded.
They alſo deſired, That the Lords would be pleaſed to joyn with them
in the Ordinance concerning the Earl of Eſſex ; and the like Ordinance
they deſire may be for the Earl of Holland,that he may Command the Trdia
ned Bands on the North ſide the Trent ; and that they may Nominate par-
tisular Men of Truſt in every County, to take care of the Militia, that
the People may know whom to reſort unto.
That the Iſle of Wight may be ſecured, by ſequeſtring it into another
hand for the preſent.
That the Forts and Caſtles of this Kingdom may be ſecured.
Laſtly, That ſearch may be made in the City, and the Liberties for all
Prieſts and Jeſuits, and for all ſuſpected Perſons ; and that their Names
and Conditions may be delivered in to the Parliament.
Vol. II.
OOOO 2
Here-
+
+
Information
Wall commits
red to the
Fleet for dir-
Aouſc.
650 An Impartial Colle&tion of all the memorable Events
Novemb. Hereupon it was Ordered, That James Maxwel Eſq; Gentleman Vſher
I 641.
to the Lords, Mauld joyn with any ſuch as the Houſe of Commons ſhall
appoint, and imploy for the Searching of the Earl of Worceſter's houſe, and
any other Recuſants houſes, being the King's Subjects, for the apprehen-
ding and taking of any Romiſh Prieſts and Jeſuits whatſoever.
It was alſo moved from the Committee of the Houſe of Commons,
That Monſieur St. German, and Peter de Chair may be Sworn, and after:
wards Examined by the deputed Lords. And it was Declared, That
any Peer of this Houſe may be preſent at the ſaid Examination if he
pleaſe.
To ſwell the Tide of Fears and Dangers, the Lord Wharton informed
of dangers in the Houſe, That he had received a Letter from the Lord Strange, Lord
Lancaſhire.
Lieutenant of Lancaſhire, which had ſome particulars in it fit for this
Houſe to know: The Letter was read, wherein it was ſaid, That his
Lordſhip was upon his Guard ; that ſome in that County were ſtronger
than he; and that if ever need was to look to Lancaſhire in our time,
it was nov. Upon which the Lord Wharton was commanded to give
thanks from the Houſe to the Lord Strange, for his timely Information
of the danger of that County.
Thomas Wall
, one of the Door-keepers of the Houſe, being called in,
to give an account of the delivery of the Order to the Juſtices of Mida
dleſex and London, for the ſearching for Prieſts and Jeſuits laſt night ;
obeying the
Order of the confeſſed, That he did not deliver them the laſt night, but early this
morning : for which neglect of his, in a matter of that Conſequence, he
was committed to the Fleet, until the pleaſure of the Houſe be further
known, and never to attend upon the Houſe any longer.
The Lord Strange's Letter being ſent to the Commons, they deſired
a Conference, which the Lord Keeper Reported to this Effect, That they
Strange's Leto give their Lordſhips thanks for Communicating to them the Lord Strange's
Letter; by which, and other Relations from Members of their Houſe,
they hold that there may be juſt cauſes of thoſe fears.
(1.) They therefore deſire their Lordſhips Expedition of the Ordi-
nance concerning the Earls of Eſſex and Holland.
(2.) An Anſwer concerning the ſecuring the Perfons of Recufants.
(3.) Concerning the Government of the Iſle of Wight, and the fortify-
ing the Forts of the Kingdom.
(4.) That the Magazines in the County of Montgomery may be Seque-
Stred into other bands, for better ſecurity, they being now in the hands of
a Servant of a great Recufant.
(5.) Thai Milford Haven may be fortified.
(6.) That Sir Simon Harcourt may have a Commiſſion to levy Soldiers
for the Service of Ireland, and that Thurſday next may be the longeſt
time of his ſtay here.
To theſe particulars the Lords gave theſe Reſolutions.
(1.) To the firſt, The Houſe will Debate the Ordinance about the Earls
of Effex and Holland to Morrow Morning.
(2.) To the ſecuring of the Perfons of Recuſants agreed.
(3.) Touching the ſeqaeſtring of the Iſle of Wight into another hand,
their Lordſhips will take the ſame into conſideration, when the Houſe of
Conference
about the L.
ter.
a
The Lords
Aalwers.
+
!
Com-
T
1
finds no
Prieſts.
from the Scotch Rebellion to the King's Murther. 65i
Commons preſent their Reaſons why it ſhould be taken out of the hand | Novemb.
where it is now.
I 641.
To the Forts, they have formerly given in an account of the ſtate of
them, and of the charge which will be requiſite to repair them, and that
the Money muſt proceed from them.
(4.) To the fourth, Agreed to.
(5.) To the Fifth, This Houſe thinks it fit, that Milford Haven be
ſecured by appointing fome Ships to ride in the Haven.
(6.) To the Sixth, The Lord Lieutenant of Ireland is to bring the Com-
miſſion to Morrow Morning, which he is to give to Sir Simon Harcourt,
for levying Men for the Service of Ireland.
This being done, the Lord Keeper was appointed to acquaint the
Commons, who ſtayed in the Painted Chamber, with the aforeſaid An-
ſwers to their Propoſitions.
Mr. Maxwell the Gentleman-Ulher, gave this Houſe an account, That Mr. Maxwell
according to their Lordſhips Order, he had
ſearched diligently the Earl of upon ſearch
Worceſter's Houſe for Prieſts and Jeſuits, but can find none.
In the Commons Houſe they were taken up with this new Plot, and
preparing Heads for the forementioned Conference. And, which is
omitted in the Lords Journal, it was deſired, That the Information which
Beal hath given, may be publiſhed.
It was alſo Ordered, That St. German, the French-man, le committed 5t. German
to the Priſon of the Gate-houſe, and that no Man be ſuffered to ſpeak with the Gate-houſe.
him, but in the preſence and hearing of a Keeper.
They were ſtill buſie in Hammering and Filing of the Remonftrance
of the State of the Kingdom, as appears by this Memorandum.
Memorandum, That an Addition be made to the Declaration to this
purpoſe, to declare, That this Houſe intends to vindicate themſelves
from the Imputations laid upon them of diſcouraging of Learning, and that
they will advance Learning, and the maintenance of Preaching Mini-
ſters.
They were very tender it ſeems of their Reputation, but notwithſtan-
ding their Declaration, it will remain an Eternal Riddle to Poſterity,
how it can be poſſible to incourage Learning, by taking away the Re-
wards of Induſtry. And for their maintaining of Preaching Miniſters,
they were as good as their Word indeed, by ſuffering all that would to
Preach, and maintaining them in their Sacrilegious Uſurpations upon
the Sacred Function.
Report was made this day by the Lords Committees for the Iriſh Welneſday.
Affairs, That the Committees of both Houſes for that buſineſs, have con- Novemb.17.
ſidered of theſe particulars.
That Power be given to the Lord Lieutenant of Ireland, for rewarding Iriſh Affairs.
of ſecret ſervices as is fit.
That convenient Posts be Speedily ſet up between Beaumaris and Holy-
Head ; And that the State of Scotland be moved to have the like care for
Posts between Carliſle and Port-Patrick.
That Directions be ſent by both Houſes of Parliament to the Lords
Fuſtices of Ireland, concerning the Priſoners Mac-Guire, and Mac-Mahon,
to be Conveyed into England, for their better ſecurity.
That
!
baſladors con
652 An Impartial Collection of all the memorable Events
Novemb. That the Proteſtation taken by both Houſes , be taken by all Officers and
1641. Commanders, before they be employed in the ſervice of Ireland, which Pro-
w poſitions being read, were Allented to.
Meſſage to the It was Ordered, That the Right Honourable the Earl of Briſtol, the
Foreign Am Earl of Holland, and the Lord Brook ſhall forthwith Repair unto the ſe-
veral Ambaſadors, in and about the Cities of London and Weſtminſter,
cerning Fones
and Andrews. and deſire them from the Parliament: to diſmiſs out of their Houſes, ſuch
Prieſts as are the Kings Native Subječts, and in caſe they shall be hereaf-
ter found abroad, they ſhall not have any Protection, but be Proceeded againſt
according to the Laws of the Kingdom ; and to let them know, That if the
Perſons of Father Jones and Father Andrews, who were Accuſed for Trea
son, be received into their Houſes, the Parliament deſires they may be
pre.
Sently delivered up.
tenant ſcruples
Upon ſome Queſtion made this day by the Lord Lieutenant of Ire-
the Validity of land, whether the Ordinance of Parliament for the granting him Power
to Levy Men,
to give Commiſlions to Levy men' for the Service of Ireland, be of
ſufficient Validity without a Confirmation from His Majeſty; Thereupon
the Houſe did undertake to be Suitors to his Majeſty,to confirmi the Autho-
rity given to his Lordſhip by the King and the Parliament, under the
Great Seal of England; And do Promiſe, That tbey will be always ready
to avow his Proceedings upon their Lordſhips aforeſaid Orders in the
Lord Licu.
the Ordinance
without the
Grear Seal.
mean time.
The Lord Lieutenant delivered a Copy of a Commiſſion to be given
to Commanders, for the Levying of Men for Ireland, which was
Read and Approved of; the Contents were as follow.
Copy of a
Commiſſion
to Raiſe Men
for Ireland
Robert Earl of Leiceſter, Viſcount Liſle, Baron of Penhurſt
, &c. One
of His Majeſtie's Moſt Honourable Privy-Council, Lieutenant
General of the Kingdom of Ireland, and General of His Maje-
ſtie's Army there. To
Collonel-
W
Hereas the Lords Justices and Council of Ireland, have adver-
tiſed our Soveraign Lord King Charles, and his High Court of
Parliament now here Aſſembled, of a ſuddain Inſurrection, aid Rebellion
in Ireland, and have Humbly befought His Majeſty to ſend forie Succours
unto his good Subjects there ; And his Majeſty being now Abſent in his King-
dom of Scotland, bath. recommended the Care of the ſaid Kingdom of Ire-
land, unto his Parliament of England ; and that in purſuit of his. Maje-
Stie's Pleaſure fo ſignified, for as much as in this time of His Majeſtie's Ab
sence, his Royal Commiſion according; to the uſual form, cannot be fo
. foon
obtained as the neceſity of the Kingdom doth require ; The Lords and Coma
mons of the ſaid Parliament now Aſembled, have by their Ordinance of the
6th of this preſent Month of November, Authorized me by Warrant under
my Hand and Seal,to give one or more Commiſions to fuch Captains, Comman-
ders or other officers,as.to me ſhall ſeemi expedient for the Levying of Forces,
for the Defence of the ſaid Kingdom of Ireland,of ſuch Perſons as ſnail volun-
tarily undertake the ſaid Service; I do bereby Conſtitute and Appoint you
Collonel of a Regiment af Foot-men, to ſerve in this preſent Expedition ;
which Regiment, you ſhall by Virtue of this Commiſion forthwith Levy ir
ſuch parts of His Majeſtie's Kingdom of England, as you ſhall think fit for
His Majeſtie's Service in this urgent occaſion : And this Regiment being
Levied, you Jhall receive it into your Cbarge as Collonel, and conduct it to
the
It
Hop
1
Lords.
from the Scotch Rebellion to the King's Murther. 653
the City of Cheſter, where you Mill Embarque it, and Tranſport it, with Novemb:
all pollible Speed, unto the City of Dublin, in His Majeſties Kingdom of 16.4 1.
Ireland, and diligently Exerciſe your Regiment, Commanding all Officers
and Soldiers of the ſaid Regiment, to obey you as their Collonel, for His
Majeſtie's Service, according to the Commiſſion given you ;. And
you are
likewiſe to obſerve and obey ſuch Orders and Directions, as you ſhall receive
from my ſelf, and the ſuperior Officers of the Army, according to the Diſcia
pline of War. Given &c.
After which the Houſe entred upon the Debate of the Ordinance, Ordinance to
for Enabling the Earl of Eſſex and
Holland to raise the Trained-Bands ; raiſe the Traia
And after a long Debate it was Aſſented to with ſome little Alterations, ed to by the
and fo fent down to the Commons.
It was this day Ordered, That the Juſtices of Peace, and Deputy- Order to put
Lieutenants, and all other His Majestie's Officers and Miniſters, in every Excamiona
County, ſhall take care to put the Laws in Execution againſt thoſe Recu- gainſt Recu-
Sants,That do not obſerve and obey the Order of this Houſe made the 16th of lants
.
this Inſtant November. The Order was to Command them to depart
from London, to their ſeveral Places of abode in their respective
Countries.
Mr. Wiſeman the Remembrancer of the City of London, gave the No Prieſts to
Houſe an Account, That there hath been a ſearch made in London, for be fonod in
the City.
Prieſts and Jeſuits and they could
find none ; but have Apprehended four Per-
fons who refuſe to take the Oaths of Allegiance and Supremacy; Whereupon
it was Ordered, That the Recorder of the City of the ſaid City, ſhall
Proceed againſt thoſe Perſons according to Law.
In the Houſe of Commons, they fell upon the Buſineſs of the Plot Commons
of the Army; and the ſeveral Examinations being read, which were vote a ſecond
taken by the Deputed Lords, were tranſmitted to the Commons.
The Examinations were Mr. Daniel O Neal's taken November
13.
Sir Jacob Aſteleys Examination, Sir John Conyer's bis Examination, Sir
Charles Lucas his Examination, October 29. A Second Examination of
Sir John Conyer's which was taken Oktober 30, which was twice read, as
was alſo that of Captain William Legg, taken the fame day. The Exa-
mination of Sir Foulk Huncks taken 29 of O&tober, upon which the Houſe
proceeded to this Vote.
Reſolved, &c.
That upon the Examinations now read, there is ſufficient Evidence for
this Houſe to believe, That there was a ſecond Deſign to bring up the
Army.cgainſt the Parliament, and an Intention to make the Scotch Army
Stand a Neutrals.
It wiás Ordered, That Sir John Hippeſlley,and Sir John Franklyn,ſhall
appoint' Some Guards with Halberts to ſtand in placés moſt convenient for
the fafety of this place.
It pas alfo Ordered, That Mr. Oneal ſhall be allowed 5 l. per Week
out of the Arrears of his pay from the time of his committment, for bis
preſent maintenance.
...That-Sir Simon Harcourt:ſhall have 20 sa per diem above his ordinary
pay, as : Commander of the Forces in Dublin ; and that 457. 6. 8. being
a months pay, ſhall be advanced for his Oficers; and 101:1. for providing
of Halberts, Enfigies and Partiſans.
Plot of the
Army.
ni
sis
Orders
+
1
1
654 An Impartial Collection of all the memorable Events
Novemb. Orders were alſo iſſued from this Houſe to the Sergeant at Arms, at-
1 641. tending the Houſe, to ſearch for Prieſts and Jeſuits; as alſo to the Lord
Mayor and Sheriffs of London, to ſearch diligently in the City this
night.
Thurſday, The Lord Keeper did this day Report the Conference with the Com-
Novemb. 18. mons, That the Houſe of Commons were of Opinion, That there was rea-
son enough for the Lords to joyn with them, for ſecuring the perſons of
Popiſh Recufants ; and that they were not ſatisfied with their Lordſhips
Anſiver at this time, touching that buſineſs.
(1.) Becauſe they conceive the Popiſh Recufants are of as much .dan-
fecuring pager, in the Country among their Friends and Neighbours of their Reli-
piſh Recalanës. gion, as they are here at this time, eſpecially when they have liberty to
The Commons
Reaſons for
go abroad.
1
i
1
1
(20) That the Penalty is only againſt Convicted Recufants, and the
Houſe of Commons deſires it may be againſt ſuspected Perſons, and Favou-
rers of Recufants.
(3.) It would ask too much time to ſtay for the putting of the Laws in
Execution at this time; therefore the Houſe of Commons deſired that
they may be ſecured by Impriſoning of their Perfons ; and that for theſe
Reafons.
(1.) They always take ſecurity againſt the breach of the Peace, if it
concern only a private Perſon ; this is concerning the ſecurity of the whole
Kingdom, none is fe fitting to be given as the Impriſonment of their Per-
fons.
( 2 ) That at this time they had reaſon to fufpe&t the Papiſts, and to
ſecure them upon theſe Grounds.
(1) The Tye that lies upon their Conſciences to ſecure the Kingdom
when it is in ſo much danger.
(2) Conſidering the Rebellion now in Ireland, for the cauſe of Re-
ligion.
(3) Conſidering the Informations and Relations from ſundry Parts, of
the danger of Recuſants here, and the Correſpondency is conceived they
have with the Buſineſs in Ireland.
(4) Conſidering both Houſes had joyned by Ordinance to diſarm Re-
cufants aceording to Law.
This the Houſe of Commons fuid had been done formerly upon Sulpition of
Danger, as in '88.
The Houſe of Commons intend this ihould extend to the moſt Chief
and Active Recuſants of the greateſt Quality and Danger, a Liſt of ſuch
Names as they deſire may be ſecured, they will bring up very ſpeedily,
and they intend they ſhould be as Hoſtages for the Peace and Security
of the Kingdom, no hurt being meant to their Perſons. If this were not
done, the Houſe of Commons Taid, They could not Anſwer for the Safety
of the Kingdom.
Next was reporred the Reaſons of the Commons, why they deſired
that the Government of the Ifle of Wight, being of ſo great Impor-
tance to this 'Kingdom, may be Sequeſtred for the preſent into ano-
ther Hand.
Becauſe
-
-
M
h1
1
Novem.
I 641.
The Commons
Rcarons for
11
the Iſle of
WE
+
Ambaſſador:
from the Scotch Rebellion to the King's Murtber. 655
Becauſe the Earl of Portland's Father, Mother and Wife, were, and are
Recuſants, and that a Siſter of his married a Recufant, and if theſë Reaa
fons did not ſatisfy their Lordſhips, they deſired Liberty to bring up other
Reafons
hereafter, as they ſhall think fit.
The Lords Adjourned their Houſe into a Committee during pleaſure, removing the
to Debate theſe Matters, the Propoſition concerning ſecuring Recuſants, From the land
was deferred till the Commons brought up a Liſt of the Particular vernment of
Names of the Recufants, they deſired ſhould be Secured.
When the other Propoſition about the Iſle of Wight came under The E.of Port-
Conſideration, the Earl of Portland affirmed, That his Father lived land's defence.
and died a Proteſtant, as he can make it appear by credible Witneſſes,
that were with him when he died; if his Wife be one, it was againſt his
Will; and for himſelf, his Lordſhip proteſted, That his Father bred him
a Proteſtant, and he would ever live and die one : Which giving good
ſatisfaction to the Houſe, it was Ordered to be put in Writing, and de-
livered at a Conference to the Houſe of Commons.
Mr. William Crofts was Sworn, and Ordered to be Examined before
the Deputed Lords.
The Earl of Holland Reported, That the Venetian Ambaſador bad Meſfage from
been with him, and deſired, That the ill Expreſſions in his Paper may be the Venetian
Excuſed, for he profeſes be meant nothing in derogation of any Member
of this Houſe, but ſpoke it, as what Reputation other States had of ſuch
an Action; and that lie further ſignified, That he hath written a fair Let-
ter to the State of Venice, concerning the opening of his Letters, which be
hopes will ſatisfie them.
This day Wall, upon his Petition, was Releaſed from the Fleet, where wall releaſed.
he had been committed for neglecting to deliver the Order of the Houſe
to ſearch for Prieſts and Jeſuits, but with this condition, not to be ad-
mitted any more to the Service of the Houſe.
It was Ordered in the Commons Houſe, That the Knights and Bur- the tranſport-
Inquiry after
gelles of the County of Kent, and the Barons of the Cinque-Ports do fortha ing of Horſes:
with ſend to the officers that do regiſter the Horſes that are Tranſported
beyond the Seas, and to ſend up a Liſt of the Number of them that have
been Tranſported within theſe 12 Months, and by-iphat Warrant, and by
whom ſuch Warrants were abtained.
Though Diſloyalty to the King, and Diſobedience to the Church,
which rarely are ſeen aſunder, began now to be much in Faſhion, and
Eſteem, and to depreſs the Prerogative, and oppreſs the Church, were
áccounted Great Recommendations for men to ſet up for Patriots of the
Country, and Reformers of Religion, yet wanted there not ſome Brave
Spirits who to their Eternal Reputation, dareſt even in the face of the
Breach indeavour to ſtop the Deluge of Schiſm and the Inundations of
Errors, which they apparently ſaw muſt overwhelm the Church upon
throwing down the Banks of Epiſcopal Order and Government. How
Unwelcom theſe bold Truths were to the Faction, appears by an Order
of the Houſe of Commons of this Day made purpoſely to diſcountenance
Petitions of this Nature, for maintaining the Church Government as by
Law it was Eſtabliſhed; and to deterr others from attempting to give
them any Interruption in their pretended Reformation.
Ordered, That it be referred to the Committee for the Miniſters Re- courage Peci-
monſtrance, to conſider what indiſcreet and irregular Wayes and Means
Epiſcopacy.
Vol. II.
P
have
i
Order to di
2
.
cioners for
PPPP
i
.
.
.
1
656 An Impartial Collection of all the memorable Events
Novemb. ) have been uſed to procure Hands to Petitions preſented or to be preſented
!:641. for, or againſt Epiſcopacy.
This latter clauſe, or againſt, was only for colour to make the other
.paſs more fairly ; for it is Evident, that they themſelves were the Great
Promoters of Petitions, not only againſt that, but for whatever they
had a deſign to obtain, as will hereafter upon occaſion appear.
But
upon
this Occaſion I cannot but preſent the Reader with a Peri-
tion, which I find in a Collection of Petitions of the like Nature, Printed
by His Majeſties particular Order, which though it came from one of
the ſmalleſt Counties of England, yet had not the leaſt Learning or Rea-
fon; And if it received neither Countenance, nor Anſwer, it is not much
to be wondred at, being indeed Unanſwerable. The Petition was as
follows.
To the High and HonorableCourt of Parliament
The Humble Petition of the Knights, Eſquires,Gentlemen and Houſehol-
ders in the County of Rutland, in'behalf of our Selves and our Families.
And of the Parſons, Vicars, and Curates for the Clergy,in behalf of them-
ſelves and their Families.
FT
.
3
The Rutland-
Shire Petition
for Epiſcopa-
cy, Nov. 18.
1641.
TH
CC
(C
1
(
Y
Hat whereas there have been diverſe.Petitions exhibited to this
Honorable Court, by Perſons diſaffected to the preſent Govern-
ment, for the utter Extirpation of the Apoſtolical Government of the
“ Church by Biſhops, they by Sedulity and Zeal ſupplying the want
of fair Pretences, for the Abolition of that, which we hope no juſt
“ Reaſon can Condemn: And on the other ſide, many Pious Perſons,
true Sons of the Church of England, have repreſented their juft De-
ſires of the continuance of it, upon great and weighty Cauſes, both in
Divinity and true Policy; We alſo, left We might ſeem unconcerned,
and for fear leſt our Silence ſhould be exacted as a Crime at our
Hands, if We be deficient, to what We are perſuaded, is the Cauſe of
“ God; In purſuance of their pious Intendments, and in allowance of
“ their Reaſons, do alſo preſs to your great Tribunal, to beg of you to
do that, which is the Honor of Kings, to be Nutricii of the Church,
“ and her moſt Ancient and Succeſſive Government.
We therefore humbly beg. of you, to leave us in that ſtate the Apo-
ſtles left the Church in ; That, the Three Ages of Martyrs were
governed by 5, That, the 13 Ages ſince them have always gloried
'sc
in, by their Succeſſion of Biſhops from the Apoſtles, proving
" themſelves members of the Catholique and Apoſtolick Church;
Tliat, our Laws have Eſtabliſhed, ſo many Kings and Parliaments
“ have protected, into whicli we were baptized; as certainly Apo-
“ ſtolical as tlic Obſervation of the Lords. Day; as the diſtinction
“ of Books Apocryphal from Canonical; as that ſuch Books were
" written by ſuch Evangeliſts.and Apoſtles:; as the Confecration of
“ the Euchariſt by Presbyters; as any thing; which you will do
by upholding the Government of the Church by Biſhops, which
we again and again beg of you to do, having Pity on our Con-
ſciences, and not forcing us to ſeek Communion as yet we know
not where. So ſhall we be bound to pray with a Multiplyed
«
Devotion
:
«C
1
-!
1
.
_
4
*
from the Scotch Rebellion to the Ring's Murther. 657
60
.
1
CC
6
1
1
1
11
Devotion for the increaſe of Publique and Perſonal Bleſſings to Novem:
your Honarable Aſſembly, to your Noble Perſons.
1.64.1:
" We alſo do with all humility beg leave to repreſent theſe our Con-
ſiderations ſubjoyned, which we hope you will favourably Expound,
to be a well-meant Zeal,and at leaſt a Conſcience of Duty and Charity
to thoſe our Fathers, from whom we have received, and daily hope to
receive
many iſſues of Spiritual Benedictions.
(1.) We conſider, That Chriſt, either left his Charch without a laſting
Government, or elſe Biſhops, and Presbyters under them, are that Govern-
ment: the former we fear to ſay, leſt we might ſeem to accuſe the Wiſdom
of the Father of Improvidence, in the not providing for his Family; the
Feeder and the Ruler in Scripture being all one.in Office, in Expreſsion, in
Perſon : So that if he left no Rulers, he left no Feeders ; the later, We
are more confident of, for that Chriſt did clearly inſtitute a Diſparity
in the Clergy, which is the main Stone of Offence, appears in the Apoſtles
and 72 Diſciples, to whom, according to the Voice of Chriſtendome, and
traditive Interpretation of the Church, Biſkops and Presbyters
, do reſpe
Etively Succeed'; and alſo many Actually did ſucceed the Apoſtles in their
Chairs, being, ordained Biſhops by the Apoſtles themſelves, that did Sur-
vive; And alſo beyond all Exception, that Chriſt did inſtitute a Govern-
ment appears in thoſe Evangelical Words (Who then is that faithful and
wiſe Steward, whom his Lord ſhall make Ruler over his Houſhiold, &c.
Luke 12. 42. ) which Rulers, are Biſhops and Prieſts under them. or elſe
the Church hath been Apoftate from her Lord, She having clearly for 1500
Years had no other Rulers then ſuch.
(2.) We conſider that, Whether there can be a Church, or no, without
Bilhops, is at leaſt, a Question of great Conſideration ; and the Negative
is maintained by Apoftolical and Primitive Men and Martyrs, and by the
greateſt part of Chriſtendom ; and thoſe few, in reſpect of the whole, that
Diſent, being moſt certainly not Infallible; to be fure with Epiſcopacy, it
may be a Church Eatenùs, therefore it is the ſureſt Courſe to retain it, for
fear we ſeparate from the Church, the Pillar and Ground of Truth.
(3.) No Ordination was 'ever without a Biſhop, and if any Presbyter
did impoſe Hands, unleſs in Conjunction with a Biſhop, he was accounted
an Vſurper and Anathematized, by publick and unqueſtioned Authority;
and ſo without Biſhops, no Presbyters, then no Abſolution, no Conſecration
the Sacrament of the Lord's Supper, and for theſe Wants, no Man can
make a Recompence or Satisfa&tion.
(4.) No Presbyter did ever impoſe Hards on a Biſliop, which if ſofa-vizs de jere,
mous a. Reſolve, or publick Voice of all Chriſtendom, may have an Eſti- nec idem de fan
mate, Mews their diſparity, and that a Biſhop hath a Character which can- years after
not be imprinted without at leaſt an equal Hand.
(5.) Without Biſhops, 10 Confirmation of Children, and
yet Confirmati- in the caſe of
on, called 11 Scripture impoſition of Hands, Saint Paul in his famous Car Pope Pelagius
techiſm, accounts a Fundamental Point, and the Church liath always uſed and that irre
it; and it was appropriate to Biſhops, by the laudable Cuſtom of Chriſten- deverſince,un-
dom, and by the Example of the Apoſtles, in the caſe of the Samaritane leſs by Papal
Chriſtians, whom Philip the Evangeliſt bad Converted; and is charged
upon the Parents of Children, that they bring their Children to Biſhops to
be Confirmed : And it was never otherwiſe, but just as in the Caſe of Or-
dination, videlicet, by fingularity and vſurpation, till of late that the
Vol. II.
PPPP 2
Feſuits
ܪ
1
1
Christ, and
then but once
}
9
!
។
.
5
5
14
i
+
658 An Impartial Collection of all the memorable Events
Novemb. Jeſuits. to inlarge their Phylacteries, have ſtriven to make Biſhops not
1:6.41. neceſſary, by communicating Confirmation to Prieſts of their Order.
(6.) To take away Biſhops, is againſt the Wiſdom of the State of Eng-
land, ever ſince the Reformation, and having been attempted by Clancu-
lar Practiſes, was checked by the Princes reſpectively and their Council;
and conſtantly by the Wiſdom of preceding Parliaments
, and this, although
the Biſhops then were leſs learned, and as much infamed.
(7.) We are ſure, that Epiſcopal Government hath conſiſted with Monar-
chy, ever ſince the Engliſh Monarchy was Chriſtian; and we are now to try
whether any innovated Government
can or will.
(8.) We conſider, That if it could conſiſt with Monarchy, when it was
byaſed by the Popes prevalent Incroachment, much more ſince the Refor-
mation, when the King hath the Reins in his own Hand, and can give them
Laws, and aſcertains them by their immediate Dependance, both for their
Baronies and Election, and perſonal Juriſdiction on the Crown, and ly the
Statute of Submillion.
(9.) We conſider, That St. Hierome pretended as the main Authen-
tick Enemy againſt Epiſcopacy, yet ſayes in Comment. in Epift. ad Titum,
That Biſkops were conſtituted, as an Antidote and Deletory, to diſimprove
the Illues of Schiſme, and that by the Apoſtles, who best knew tle Remedy.
And now that Schiſmes multiply,there is more need of Biſhops, ſo that they
cannot be taken away, upon pretence their Regiment is not neceſſary, for the
taking them away muſt multiply Schiſms.
(10.) All Learning will be diſcountenanced, if not extinguiſhed, upon
the Demolition of Epiſcopacy, the Biſhops being Parties for the Advance-
ment of Learning : and on the other ſide, if the Government ſhould be in
the Hands of Presbytery or Lay-Elders, we know 10 Reaſon ſufficient to
Nifle our Fears, lejt preferment be given to people unlearned, and unfit to
have the managing of Souls
, eſpecially ſince a learned Clergy; will be fufpe-
Eted by their Lay Elders, as too knowing to be ruled by their Dictates,
which will not have ſo much Artifice and fineneſs,as to command by Strength
of Reaſon: our Fears are alſo increaſed, by conſidering that by the multi-
plication of Lay Elders or other Governars, their perſonal Intereſt being
încreaſed, partiality muſt be more frequent, and all this is beſides their
incompetency of Judging the Abilities of Scholars.
.(11.) The removal of Biſhops would be a Scandal, not only to many weak
Chriſtians, who fear all Innovations as guilty of Some ill Intendments upon
their conſciences, but alſo to the ſtrongeſt, which ſhews it to be the fault
of the Giver, not the Weakneſs of the Receiver ; and if we muſt not Scan-
dalize our weak Brethren, rauch leſs our Strong ; ſince this will intrench
upon us in a high meaſure they not being apt to be Scandalized upon Umbra-
ges and Impertinences.
(12,) Where Biſhops are not, there is not an , Honorable, but fellow-
like clergy, againſt the Apoſtolical Rule of double Honor.
(13.) By putting down Epiſcopacy, we deprive our felves of thoſe ſo-
lemn Benedictions, which the Faith of Chriſtendom, and the Profeſion of
the Church of England, enjoyning the Biſhops rather to pronounce the Bles-
ting at the end of the Communion, appropriates to Epiſcopal Preheminence
above Priefily Authority.
(14.) 7wo Parts of Three of the Reformed Churcbes, are governed by
Biſkops, or Superintendents
, which is properly the Latin Word for Biſhops,
and the other part that wants them, have often wijbed them, as their own
Doétors do profeſs.
:
I
I
M
J
.
1
(15.) It
1 641
LC
*
F
1
i
Titus, cle-
mins, Limus,
0
Euodias, si
ottº
from the Scotch Rebellion to the King's Murther. 659
(15.) It is against the Liberties of the Clergy, indulged to them by Novemb,
the Magna Charta, Granted and confirmed. by. So many Kings, and about
30 Parliaments 'in expreß Act, and the Vialation of any part of it; by in.
trenchment upon the Right of the Lay Subjeit, juftly accounted a great
Grievance, the Charter it ſelf, being as Fundamental a Law, as we come
ceive, as any other, and any of us may fear, left bis Libertjes may be next
is Queſtion.
(16.) The four great General Councils in Eſtimation, next the four E-
vangeliſts, and by the Statutes of this Kingdom, made the Rules of Fidga
ing Hereſes, were held by Biſhops ; the greateſt Fires and Peſts of Chri-
ſtendom, the Old Hereſies, were by their Induſtry extinct; Church Diſcia
pline and Pious Conſtitutions by them Eſtabliſhed, many Nations by them
converted, many Miracles done for the Confirmation of the Chriſtian Faith,
one of the Goſpels written by a Biſhop (St. Mark of Alexandria ) if we
believe as authentick Records as any are
extant; Three of the Epistles of
St. Paul written to Biſhops, ſeven Epiſtles by the Holy Ghoſt himſelf, res
corded in the Revelation, and ſent to the Seven Aſian Biſhops, as ali ancia
ent Fathers accord; * the Names of twelve Men, beſides Apoſtles, mention- * Timotheut,
ed in Holy Scripture, which all Antiquity reports to have been Biſhops;
moſt of the Fathers, whoſe Works all Poterity embraces with much Żeal Marcus, Djóri.
and Admiration, were Biſkops; theſe alſo in our Apprehenſions, advance saus, orefimus;
caiusEpaphra
that Holy Function to a high and unalterable Ejtimation.
ditus, Jacob:
(17.) Very many of the faireſt Churches, and Colleges, and Places of Re- Hierofilimit
.
ligion, were built by Biſhops ; which are fair Characters to ſhew their
prompineſs to do Publick Acts of Piety, and that Perſons fo well qualified
as they were, that is, Governors and clergy, and fairly endowed, is an excel-
lent Compoſition to advance publick Deſigns, for the Honor of God, in the
Promotion of Publick Piety.
(18.) Since it bath pleaſed this Honorable Court of late to commend
Proteſtation to us, which we by ſolemn Vow engaged our ſelves to Atteſt
with our Lives and Fortunes, the eſtabliſhed Doctrine of the Church of
England, We conſider that ſince the 36 Article hath approved, and eſta-
Eliſhed the Book of Conſecration of Biſhops, the Abolition of Biſhops would
nullifie that Article, and ſhould We not make humble Remonſtrance to the
contrary, we ſhould ſuddenly recede from our great and folemn Proteſtati-
on, for maintenance of our Church Doctrine.
But may it pleaſe this Honorable Aſſembly, We conſider on the other
ide:
(19.) The introducing of Lay Elders, must bring an inſupportable Bur-
then to all Pariſhes, by maintaining them at the Pariſh Charge, for they
muſt be maintained, or elſe a Tranſgreſlion is made againſt the Apoſtolical
Rule, Tim. 5. for the principal, and indeed only colourable pretended Place
for Lay-Elders, injoyns their Maintenances, ſo that either the People muſt
be Oppreſſed with ſo great a Burthen, or elſe St. Paul's Rule nor obeyed, or
elſe there is no Authority for Lay Elders, as indeed there is not.
(20.) And alſo there can be no leſs fear of vfurpation, upon the Tems
poral Power by the Presbytery, then is pretended from Epiſcopacy, ſince
that Presłytery challenges Cogniſance of more Cauſes and Perſons then the
Epiſcopacy does, ſo making a dangerous Entrenchment upon the Supremacy;
and derives its Pretence from Divine Inſtitution, with more
Confidence
and more immediate derivation then Epiſcopacy, though indeed more vain-
ly, as We conceive.
(21.) We crave leare alſo to add this, That theſe two viz. Epiſcopacy
and
1
.
/
1
1
660 An Impartial Collection of all the memorable Events
November, and Presbytery, being the only two in conteſtation, if any new Deſign ſhould
1641. juſtle Epiſcopacy, we are confident, that as it hitherto wants a Name, ſo it
will want a Face or Form of Reaſon, in caſe of conſcience, when it Mall
appear.
Signed by Knights, Fuſtices, Gentry and
{ 800
Free-Holders about
By Miniſters, about the Number of
40.
1
tition for
their Pay.
The Preſs
breaks looſe
and Srate.
Though this Number ſeem but ſmall
, yet the County is ſo too, and
certainly the Reaſons which they offered were great, and altogether un.
anſwerable. But the Word of the Faction was, Delenda eft Carthago,
Root and Branch muſt up, though the 12 Apoſtles themſelves had Pe-
titioned them, and remonſtrated againſt this Violent and Anti-Chriſtian
Enterprize, as in reality both they and all Apoſtolick Men, as is well urg-
ed, in this Petition, did.
Friday, This day a Petition was read in the Houſe of Lords, Preſented by
Novemb.19. the Colonels and Chief Commanders in the late King's Army. Shewing,
Officers of the That whereas there was a Truſt deſired by the Parliament of the Jaid Offi-
late Army Pe.
cers for part of their Pay, and thereupon an Aft was made for their ſatisfa.
ction to be given poſitively on the roth of this Inſtant November. They
therefore deſire, That the Parliament may be moved to make good their
A&t. Whereupon it was Ordered to be propounded to the Conimons at a
Conference.
The Preſs now began to break looſe, as indeed every thing that
againſt Church looked like Order, ſeemed to be wholly Abandoned to Libertiniſme both
in Church and State, for daily Complaints were made of abuſive Pam-
phlets againſt both particular Perſons and the Government Civil and
Eccleſiaſtical: Complaint had been ſome time before made to the Houſe,
of a Libel againſt the Earl of Worcester, another againſt the French
Ambaſſador, a third for Printing and Publiſhing a Book Intituled, Lei.
ceſter's Commonwealth, upon all which the Honourable Houſe of
Lords, who had not yet ejected the Biſhops and others of the Loyal No-
bility had animadverted, and this Day it was Ordered, That Lewis
Hughs a Miniſter be ſent for to attend this Houſe, to ſee if he will avow
the making of a Book Intituled, The Grievances and Errors of the Service-
Book, and that the Company of the Stationers, do take Care to find out the
Printer of the fame.
Ordered, That Thomas Wall ſhall be reſtored to his former Imployment,
about the Upper Houſe of Parliament, which, although it is in the Gentle-
man Uſhers diſpoſure, yet the Lords do preſume, that he will give way unto
it, by reaſon that his Diſmiſſion from the Imployment, was by Order of this
Houſe, for the neglect of his Dury to their Lordſhips only and the Buſineſs
that concerned the Houſe.
The Commons were ſtill buſy with the Declaration, which having
been the Work of many Daies and ſome Nights, the Faction watching
the opportunity of a thin Houſe, when moſt of the Loyal Party were
tired and riſen, was at laſt brought to that perfection, that it was Orde-
red to be Ingroſſed
A Motion was made for encouraging voluntary Contributions for the
Relief of the poor Engliſh in the Kingdom of Ireland, to which Sir John
Packer preſently gave 100 l.
The Lord Brooks acquainted the Lord, That he had informed the Ve-
Thurſday,
netian Ambaſador with the Order of this House, concerning Prieſts and fe-
Novemb.20.
ſuits,
#
+
1
wall rellored
ro his Place.
,'
E
+
+
9
1
12
t
1
1
from the Scotch Rebellion to the King's Märtber.. 661
Suits, and the Amballador faith, he hath none that are the King's Native Novemb:
Subjects, if he had any ſuch, he would diſcharge them; as for Father Jones 1641.
and Father Andrews, he faith, he knows nove ſuch.
The Petition of Robert Philips the Prieſt was read, Craving Pardon
Philips the
for having preſented formerly to their Lordſhips, ſuch Petitions as have not PriciiPetitions
afforded expečted Satisfaction, which he humbly beſeecheth may not be im- to be releaſed
puted to bis backwardneſs, but rather unfo' ivant of Experience, in forming Tower.
Petitions of that Nature. And further le beſeecheth their Lordſhips to be-
lieve, that from his Heart, he is forry for having adminiſtred unto their
Lordſhips, any Occaſion of ſo high an Offencé, by letting fall Words touch-
ing the Bible of the Church of England, and proteſteth, that his Deſign
was not to affront their Lordſhips, or the profeſſed Religion of this King-
dom; and he did aſſure their Lordſhips, That as all Catholick Subječts have
ever done, so he did neither refuſe to ſwear upon the Engliſh Bible, nor
held himſelf diſobliged to Anſwer truely whatſoever was Demanded.
He therefore humbly beſeecheth their Lordſhips to Pardon his great of-
fonce, upon this his humble Submiſſion and Acknowledgment, and to grant
his Inlargement aſſuring their Lordſhips he is moſt willing and ready, not
only to depoſe the Truth ( as by his Oath he is bound) in whatſoever
ſhall be Interrogated in this particular Cauſe, but alſo fall ever Pray,
&c.
Upon which their Lordſhips ſent a Meſſage to the Commons, giving
them an account of this Petition, and to let them know, that having
given this Satisfaction, they were inclined to Pardon him, but will not
releaſe him out of his Impriſonment, before they had acquainted them
therewith, according to their Lordſhips former Ingagement
.
Sir Henry Vane brought up a Liſt of the Names of ſuch Papiſts, as the
Houſe of Commons deſired ſhould be ſecured ; as alſo an Order for
the Lord Admiral to ſet forth 4 Ships for the Service of Ireland, in
which they deſired the Lords to joyn with them.
Then
were read two Letters, from the Lords Juſtices in Ireland, dat- Letrets from
ed Nov. 13th 1641. the one to the Lord Keeper, the other to the Lord Ireland.
Lieutenant, the Purport of which was,
That ſome Ships may be appointed to Guard the Coaſts of Ireland, That
the Rebels have taken divers Houſes and Caſtles, That they have ſpoiled
-the County of Cavan, and have made a Remonſtrance of the Ground of their
Revolt.
They deſire that 10000 Foot, and 1000 Horſe with Arms and Munition
and 1003col. be preſently ſent them, with a Supply of Viftuals and Oats for
Horſes.
And laſtly, they preſented an Examination of one William Shales, taken
the both of November upon Oath, miniſtred by the Clerk of the Council of
Ireland by Direction of the Board, which Examination was read in the
Houſe, as followeth.
3
A
1
+
Sbales's Accu-
1
Illiam Shales, Sergeant of the Foot Company under the Command
of Sir Arthur Loftus Knight, faith, That about the latter End of racion of Sir
April
lajt
, he being then in Norfolk at Oxborough Hall in the Houſe of Henry Bedding-
Sir Henry Beddingfield, the Said Sir Henry hearing that this Examinant rough Hall in
was lately come out of Ireland, Sent for him in to his Garden, whither when Norfolk
he
came, he found the ſaid Sir Henry walking with one Poole, (whom this
Examinant ſuppoſeth was a Prieſt) and faith, That as ſoon as he came into
the ſaid Garden, the ſaid Sir Henry asked him whether he knew how the
ſtate
A
+
1
i
1
ik
4 작
​662 An Impartial Collection of all the memorable Events
Novemb. \ſtate of Ireland then ſtood ? To which the Examinant ſaid, That he thought
1 6 41. that all things were quiet and at Peace there. Wby (quoth Sir Henry)
doth the Army these do nothing! To which the Examinant Replied,That
they carried themſelves quietly, and that any man might walk in Ireland
with a Thouſand pounds and a Wand only in his hand. He ſaith alſo, That
the ſaid Sir Henry told him, That he was about to take a Houſe in Kil-
kenny of one of the Butlers, for that there was no ſafety in England for
any of his Religion ; and asked of the Examinant, Whether there were
any good Hawking thereabouts ? To which the Examinant ſaid That there
Then the ſaid Sir Henry ſaid, That now his Mind was altered, and
that he meant to ſtay in England; and added, That he did believe, that
before Chriſtmaſs Day next, there ſhould be ſeen ſuch Combustions in
England and Ireland, as the like were never ſeen before ; and thereupon
Curſed the Scots as Authors of theſe Troubles.
Jurat, Coram nobis
William Shales.
fa. Ware,
Rob. Meredith.
1
was.
-
1.
hany's
TheLift of the
Sired to be re-
cured by the
Houſe of
Commons.
Whereupon it was Ordered, That Sir Henry Beddingfield ſhould be
ſent for in Safe Cuſtody by the Gentleman Uſher of the Houſe, and none
permitted to speak with him but in the preſence of the Meßergers, and
that his Study ſhould be ſealed up by the two next Juſtices of the Peace
till the further Pleaſure of the Houſe be known.
Sir Thomas Barington brought up a Meſſage from the Commons, to
deſire that Phillips the Priest may not be releaſed of his impriſonment
until they be firſt made acquainted with it. To which the Lords afſented,
and appointed the Earl of Dorſet the Queens Chamberlain, to give her
Majeſty an account of theſe proceedings.
Next the Liſt of Recuſants Names were read, which the Houſe of
,
who were de' Commons deſire may be ſecured, which were as follows:
In the County of Lancaſter,
Mr. Preſton of the Mannor. Mr. Robert Cranfield of Robbs
Mr. Clifton of Litham.
Hall.
Mr. Chorley.
Sir John Talbott.
Sir Willian Gerrard.
Sir Cecil Trafford.
Mr. Jame's Anderton of Clay Mr. Hugh Anderton of Eurton.
Sir Alexander Barlow.
Mr. Blundel of Crosby.
In the County of Stafford.
Sir Richard Fleetwood, Baronet. Mr. Peter Gifford of Chillington.
Mr. fo. Wells of Horecrofs. Mr. Tho. Leveſon of Aſhburn.
Mr. Dreycott of Painſley. Mr. Francis Harcott.
In the County of Southampton.
Lord Stourton.
Lord Baltimore.
Mr. Gage of Bawbridge. Mr. William Owen of Abberſton.
Mr. John Biſhop of Pilewell..
John Arundell Eſquire.
1
1
ton, Sen.
1
11
In
.
.
I
1
A
1
+
from the Scotch Rebellion to the King's Mürther. 663
In the County of Sußex.
Novemb.
Lord Viſcount Mountague.
1-64'1.
În the County of Warwick,
Robert Throgmorton Eſquire:
Mr. William Sheldon of Weſton.
Mr. Morgan of Weſtor.
Sir Charles Smith,
In the County of Montgomery.
Sir Piercy Herbert Knight.
In the County of Worceſter.
The Earl of Shrewsbury.
Edward Sheldon Eſquire.
Francis Hanford Eſquire.
Mr. William Abbington Jun.
Mr. Walter Blunt.
In the County of Cheſter.
Mr. Poole of Poole.
Mr. Stanley
Mr. Starkey of Darley:
In the County of Monmouth.
The Earl of Worcester.
Mr. Morgan of Llantern.
Sir Charles Sommerſett.
In the County of Pembroke.
Sir Nicholas Lewis.
In the County of Suffólk.
Sir Robert Kookwood.
In the County of Salop.
Thomas Unton Eſquire.
In the County of Northumberland,
Roger Widdrington Eſquire.
In the County of Northampton.
The Lord Brudnell:
Mr. Sanders.
Mr. Poulton.
In the County of Dorſett.
John Webb of Cansford.
In the County of Lincoln.
Sir John Thimbleby Knight. Edmond Thorold of Hough, Efq;,
Ralph Evers of Waſhingborough. Anthony Mounſon.
Mr. Townley of Norton.
The Lord Harris.
Lord Herbert.
Lord Arundel of Wardour.
Sir Robert Lyme.
Sir Kenelm Digby.
Sir Baſil Brook.
Sir John Symonds.
Sir Alexander Gordon.
Sir John Winter.
Sir William Mounſor.
Sir William Mounteth.
Sir Henry Gifford.
Vol. II.
Q999
After
1
*
1
664 An Impártial Collection of all the memorable Events
Novemb. After which it was Ordered, That the Conſideration of this Liſt
6
ſhould be debated upon Munday following.
In the Houſe of Commons they were ſtill upon the great work of the
Declaration of the State of the Kingdom, which was not ſo ſmoothly
carried, but that it met with great Oppoſition even from many who be-
fore they ſaw that this pretended Reformation muſt inevitably End in
Anarchy and Confuſion in the Church, appeared Vigorouſly for it. And
here I cannot omit a very Remarkable Paſſage,and Speech of Sir Edward
Deering's Collection of his own Speeches; which take in his own
Words.
1
1
U
The
* This Charge,
*
upon this oc.
caſion, was af.
terwards Exa
punged the
Declaracion.
framed up
« ftition?
C
Pon occaſion of the Remonſtrance, 19th Novemb. wherein divers
paſſages then were, concerning Religion and the Church Go-
vernment, and ſome in particular, as I conceived, very aſperſive to
our Religion in the folemn Practice of it by our publick Liturgie;
charging it, in Hypotheſi, with vain Repetitions, and with favour of
Superſtitions: I did humbly move, That ſome of that Committee, who
that Remonſtrance, for us, would pleaſe to aſſign what thoſe
“ vain Repetitions are in our Liturgy, and what paſſages of Super-
Nothing at all was ſaid, as I remember, to that point of Superſti-
« tion: But at length a Gentleman did adventure to name that which
" he ſeemed to think to be vain Repetition: He ſaid, That the Lords
Prayer is 8 or 9 or 10 times repeated. I did with the Leave of the
Houſe reply, That ſuch Repetition, toties quoties, how oft ſoever,was,
“ if heart and words did go together, far from vain. That in my Book,
the Lords Prayer was but twice in the whole Morning Service, unleſs
the additionals of Baptiſme, Churching, Communion, Burial,&c. did
occur. That then in every ſeveral Act of Divine Service, it was once,
“ and but once repeated, as the high compleature of all our devout Ex-
preſſions.
. That this Repetition in it ſelf was warrantable, as by our Saviours
6. Example, who, although he had not the Spirit by meaſure, yet in the
" Garden he prayed three times, uſing the ſame Words.
“ The further debate of this was put off till the next day, and then it
“ did grow toward a Queſtion, Whether all Exceptions againſt the Li-
turgie ſhould be totally laid by, or further debated? I did not hold
our ſelves the proper Judges of this point. I did think that from
“ hence occaſion might again be taken inductive to renew my Motion
for a free National Synod ; which I deſired to enforce the beſt I could;
Eſpecially there being now obtained a general promiſe of a Synod in
this very part of that Declaration, or Remonſtrance. Hereupon I thus
adventured.
ic
66
1
1
TH
+
Sir Edward
Mr. Speaker,
Deering's
He Queſtion is, whether theſe Clauſes concerning ſome pretended Er-
Speech about
the Declara. roneous Paſſages in our Liturgy, ſhall be laid by or not. I am of Opini-
tion of the
on to decline them here: but not to bury them in a perpetual ſilence.
State of the In this very Period jou give us in general terms, a promiſe of a National Sy-
Kingdom, Nov. nod : I do ſtill wiſh che preſence thereof; it being to my underſtanding the
20. 1641.
only proper Cure and Reniedy:forialliour Church diſtractions, and may be pro-
ved, if proof be needful, 'to have been practiſed in the Book of Godi
This promiſed Synod: is too far off: let me have a better aſſurance then a
promiſe, which that I may obtain, I will be bold to give you ſome reaſons, to
introduce that Allembly is to ſpeed'it allo.
Mr.
1.
1
from the Scotch Rebellion to the King's Murther.
665
Novemb.
1 6 4 I.
Mr. Speaker, much hath been ſaid and ſomething attempted to be done to re-
gulate the Exterior Part of our Religion : but Sir we bleed inwardly. Much en-
deavour hath been to amend the deformed Forms we were in, and to new Go-
vern the Government : Yet, Sir, this is but the leaves of good Religion, fit, I
confeſs notwithſtanding, to be taken care of for Beauty and for Ornament.
Nay ſome leaves are fit and neceſſary to be preſerved for ſhaddow and for ſhelter
to the Bloſſoms and the Fruit.
The Fruit of all is good life: which you muſt never expect to ſee, unleſs thie
Bloſſoms be pure and good, that is, unleſs your Doctrines be found and
Sir, Sir I ſpeak it with full grief of heart, whilſt we are thus long Pruning
and Compoſing of the Leaves, or rather whilſt fome would pluck all Leaves a
way, our Blolioms are blaſted; and whilſt we ſit here in Cure of Government
and Ceremonials, we are poyſoned in our Doctrinals. And at whoſe door will
the Guilt and Sin of all this lye?
true.
1
1
Qui non vetat peccare cum poteſt, jubet.
It is true, that this miſchief grows not by our conſent : and yet I know not
by what unhappy fate, there is at preſent, ſuch an all-daring Liberty, ſuch a
lewd licentiouſneſs, for all Mens venting their ſeveral Sences (Tenceleſs Sences)
in matter of Religion, as never was in any age, in any Nation, until this Par-
liament was met together.
Sir, it belongs to us, to take heed that our countenance (the countenance of
this Honourable Houſe) be not proſtituted to finiſter ends by bold Offenders.
If it be in our power to give a remedy, a timely and a ſeaſonable remedy, to
theſe great and growing Evils, and that we (being alſo put in mind) ſhall
neglect to do it, we then do pluck their ſins upon our own heads.
Alionum qui fert fcelus, facit filum.
Shall I be bold to give you a very few inſtances? one for a hundred, where-
with our Pulpits do groan?
Mr. Speaker, There is a certain new-born, unſeen, ignorant, dangerous, de-
ſperate way of Independency; Are we, Sir, for this Independant way? Nay (Sir)
are we for the elder, Brother of it, the Presbyterial Form? I have not yet heard
any one Gentleman within theſe walls ſtand up and aſſert his thoughts here for
either of theſe ways: and yet (Sir) we are made the Patrons, and Protectors of
theſe ſo different, fo repugnant Innovations : witneſs the ſeveral dedications
Nay both theſe ways, together with the Epiſcopal, come all ruſhing in upon
us, every one pretending to a Fore-head of Divinity.
1. Epiſcopacy ſays its by divine right; and certainly Sir, it comes much nearer to
its claim then
any
other.
2. Presbytery, That ſays it's by divine right.
3. Nay, this Illegitimate thing, this Nav-born Independency, that dares to ſay it's
by divine right alſo.
Thus the Church of England (not long ſince the Glory of the Reformed Re-
ligion) is miſerably torn and diſtracted. You can hardly now ſay, which is the
Church of England. Whither ſhall we turn for Cure.
Another inſtance. If I would deal with a Papiſt, to reduce him ; He anſwers,
I have been anſwered ſo already: To what Religion would you perſwade me?
What is the Religion you profeſs? Your 39 Articles they are conteſted againſt :
* Proteſtation
your publick ſolemn Lyturgy that is deteſted: * And which is more then both
proteſted, de-
theſe, the 3. Eſſential, proper, and only Marks of a true Churchi, they are nies the Church
proteſted againſt : what Religion would you perſwade me too? where may I find of England to
and know, and fee, and read the Religion you profeſs? I beſeeclı you Sir, help have the 3.
Marks of a
me an anſwer to the Papiſt.
Nay Sir, the Papiſt hercin hath aſſiſtance even among our ſelves, and doth truc Church.
get the Tongue of ſome men whoſe hearts are far from him. For, at one of
your Committees, I heard it publickly aſſerted, by one of the Committee, that
29992
ſome
to us.
1
L
y
1
in their Re-
666 An Impartial Collection of all the memorable Events
Novemb. ſome of our Articles do contain ſome things contrary to Holy Scripture
.
1 641.
Mr. Speaker, Sunday is a Sabbath: Sunday is no Sabbath: Both true, both un-
ü
true, in ſeveral acceptations, and the knot I think too hard for our Teeth.
Shall I give you an ealier inſtance ?
Some ſay it is lawful to kneel at receiving the Elements of our Holy Com-
munion : others Plead ic as expedient : Some do preſs it as neceſſary: and there
want not others who abhor it as Idolatrous. And Sir, I am confident you can-
not ſo ſtate this eaſie queſtion to paſs among us, but that there will be many
Contradicentes.
The Second Epiſtle of St. Peter is now newly denyed to be the Apoſtles.
The Miniſters Our Creed, the Holy Apoſtles Creed, is now diſputed, denyed, inverted and
monſtrance
cxploded, by ſome who would be thought the beſt Chriſtians amorgus. I ſtart-
do complain
ed with wonder, and with anger, to hear a bold Mechanick tell me that my
that the Creed Creed is not my Creed. He wondred at my wonder and ſaid, I hope your mor-
floip is 100 wiſe to believe that mbich you call your Creed.
hearſed, but
they blotted
O Deus bone in qua tempora reſervaſti nos! Thus 'Exo atómr do féllos xj z å mee ork-
our(what they Baives. One abſurdity leads in a thouſand and when you are down the Hill ofError,
had put in)
there is no botcom, but in Hell, and that is bottomleſs too. Shall I be bold to give
that it is over- you one (and but one) inſtance more ? much clamor now there is againſt our
ſhort, and in
one place dan-
publick Lyturgy, though hallowed with the Blood of ſome of the firſt Compo-
gerous ob-
ſers thereof. And ſurely Sir, ſome parts of it may be well corrected. But
the clamors now go very high. Impudence or Ignorance is nown grown fo
frontleſs, that it is lowdly expected by many that you ſhould utcerly abrogate
a As for them all forms of publick worſhip (a) and at leaſt if you have a ſhort form, yet not
to impoſe the uſe of it, Extirpation of Epiſcopacy, that hope is already wal-
lowed, and now the ſame Men are as greedy for abolition of the Lyturgy: that
lawful, yet
declaim a.
ſo the Church of England in her publick Prayers (6) may hercafter turn a bab-
gainſt Au ler at all adventure. “A brainleſs, ſtupid, and an ignorant conceit of ſome.
thority for
commanding and impoſing the uſe of it
, it is to me a wonder and abſurdity, that a juft Authority may not bind
that to be donc by a Law, which is ſ as they confeſs ) lawful in it ſelf both to have and uſe. 6 In á falſe Co-
py abroad, inſtead of may hereafter, the filly Tranſcriber puc in Nay, her afferture, which hath been ſome diſplea-
is often re-
!
ſcure.
who admit a
form to be
do
fure unto me.
N
new.
..
Thus much for a taſte of that, whereof there is two much abroad, for the
diviſions of Reuben, there are great thoughts of heart abroad. (Sir) Thus are
we engaged into ſad points of Divinity, and with the favour of that Gentle-
man, who did laſt time diſguſt it, I muſt again propound my doubtful quare, to
be reſolved by the wiſdom of this Houſe: whether we be Idonci compe-
tentes judices in doctrinal reſolucions ?
In iny Opinion we are not. Let us maintain the Doctrine Eſtabliſhed in the
Church of England, it will be neither ſafety nor wiſdom for us to determine
(Sir) I do again repeat and avow my former words, and do confidently affirm,
That it was never ſeen, nor known in any age, in any Nation throughout the
whole World, that a Set of Lay-men, Gentlemen, Soldiers, Lawyers of both
Gowns, Phyſicians, Merchants, Citizens, all profeſſions admitted, or at leaſt
admittable, but the Profeſſors of Religion alone excluded, that we ſhould de-
termine upon Doctrines in Divinity.
Shall the Clergy hold different Doctrines from us? or ſhall our determinati-
ons bind them allo ? They are a conſiderable body in this Kingdom ; they are
(herein ſurely) concerned as much as we, and ought not to be bound up unheard
and unpartied.
Farther (Sir) If Clergy-men among us be thought fit for no other then for
ſpiritual imployment ; How ſhall we anſwer it to God, and to a good Conſci-
ence, if we ſhut them out from that which we our felves pretend to be their on-
ly and their proper work?
Mr. Speaker, We cannot brag of an unerring Spirit : infallibility is no more
tyed to your Chair, then it is uato che Popcs. And if I may ſpeak truth, as i
love truth with clearneſs, and with painneſs, I do here ingeniouſly profeſs'unto
you, that I ſhall not acquiefcc, and lit down upon the doctrinal reſolutions of
this Houſe : unleſs it be where my own Genius doth lead and prompt me to the
ſame concluſions.
Mr.
.
11
1
+
!
from the Scotch Rebellion to the King's Murther. 667
v
Mr. Speaker, We are Convened by his Majeſties Writ to Treat Super Arduis Novemb.
negotiis regni c. Ecclefie, I beſeech you let us not turn negotia Ecclefia into dogma- 1641.
ta fidei. There is a great difference in Objecto between the Agends and the
Credends of a Chriſtian. Let us take care to ſettle the Government, that we
do not unſettle the Doctrines.
The ſhort cloſe of all with a motion is but this : we are poyſoñed in many
points of Doctrine: And I know no Antidote, no Recipe for cure but one: a
well choſen and well temper'd National Synod, and God's Bleſſing thereon:
this may cure us : without this in my poor opinion) England is like to turn it
ſelf into a great Amſterdani. And unleſs this Council be very ſpeedy, the Diſ-
eaſe will be above the Cure.
Therefore, that we may have a full fruition of what is here but promiſed: I
do humbly move that you will command forth the Bill for a National Synod, to
be read the next morning. I ſaw the Bill above five Morths ſince in the hand
of a worthy Member of this Houſe. If that Bill be not to be had, then my
humble Motion is, (as formerly) that you would name á Committee to draw up
another.
This being once reſolved, I would then deſire that all Motions of Religion,
(this about the Lyturgy, eſpecially) may be transferred thither, and you will
lind it to be the way of Peace and Unity amongſt us here.
I might have added in due place above, a mention of (1.) Frequent Schiſma-
tical Conventicles. (2.) That Taylors, Shoomakers, Braziers, Felc-makers,
do climb our publick Pulpits. (3.) That ſeveral odd irregular Faſts have been
held, for partial venting of private flatteries of ſome; Nanders of other Memi-
bers of this Houſe. (4.) That the diſtinction of the Clergy and Laity is Po-
piſh and Antichriſtian, and ought no longer to remain. (5.) That the Lords
Prayer was not taught us to be uſed. (6.) That no National Church can be a
true Church of God. (7.) That the viſible Church of Antichriſt did make the
King Head of the Church. (8.) That ſupreme power in Church Affairs, is in
cvery ſeveral Congregation. (9.) That a Presbytery without a Biſhop was in
the World before it was at Geneva. (10.) That it is a hainous fin to be pre-
ſent when Prayers are read out of a Book.' (11.) That to communicate in pre-
ſence of a Prophane Perſon, is to partake of his prophaneneſs. (12.) That
Chriſts Kingdom hath been a Candle under a Buſnel, whilſt Antichriſt hath
out-raigned him for 1600 years together.
Many more inſtances at little leiſure I can, gather, which, together have be.
gotten a general increaſe of open Libertiniſme, ſecret Atheiſme, bold Arminia-
niſme, deſperate Socinianiſme, ſtupid Anabaptiſme, and with theſe the new
Chiliaſtes, and the wilfulneſs of Papiſts ſtrangely and ſtrongly confirmed by theſe
diſtractions,
Good God ! look down and direct our conſultations. The beſt Iſſue whereof
(I think) would be to debate the whole debate of Religion out of our Doors:
by putting it into a free Synod, whereupon I doubt not but we ſhould grow
unanimous in all our other works.
1
So that froin this Speech here is an undeniable Authority how from
the Inlancy of this Idol of Presbyterian Reformation, Hell ſeemed to
be broke looſe, and all the ſeducing Spirits aſſiſted the beginnings of it.
And certainly the effects of it we ſtill feel at this day, God Grant our
Poſterity may not do ſo too.
This day the Lords entred upon the Debate of tlie Liſt of Recuſants, Tueſday,
whom the Commons deſired might be ſecured; and it was upon the Novemb.22.
D-bate Reſolved, That the Kingdom was in ſuch Danger at this time as The Reſoluci-
required the ſecuring of the Perſons of Recufants, and that this ſhall be done
by a legillative Way. And a Committee was appointed to draw up a cerning fecu-
Bill immediately to that purpoſe.
ring of the
In the Commons Houſe, the reforming Faction were this day tug- the Lift, fent
ging forely at the Oars, to bring the Declaration of the State of the up to the
Kingdom, which was now ingroſſed and read, into ſafe Harbor ; there
blew
on of the
Lords cona
1
Commons
1
1
T
668 An Inpartial Collection of all the memorable Events
Novem.
blew a freſh Gale from the Coaſt of Loyalty, beyond their Expectati-
1 641.
on, who were the Contrivers of it, and ſeveral Alterations wcre made
in it; and pity it was, that it was not after all the ſhaking and ſhaking
ſerved, as the common Opinion is, Cucumbers 'ought to be thrown a-
way, as more dangerous to the Health of the Body, then their agreeable-
neſs to the Palate can compenſate; the Houſe was divided four ſeveral
times upon the Queſtion; but at the laſt all that which they called
Amendments being read, it was put to the Queſtion, Whether it ſhould
paſs, and the Houle dividing upon it, with the Yeas were 159 with the
Noes were 148. ſo it was carried in the Affirmative.
The Queſtion
was then put again, Whether it ſhould be Printed or not, the Houſe was
again divided, with the Noes were 124 with the Yeas 101. So that paſ.
ſed in the Negative, the time for Printing was not yet come.
Upon this Occaſion Sir Edward Deering, made this following
Speech.
Mr. Speaker
Sir Edward
His Remonſtrance is now in Progreſs upon its laſt Foot in this Houſe ; I
Derring's
Speech againſt muſt give a Vote unto it, one way or other : my conſcience bids me not
the paſſing of
to dare to be affirmative : ſo ſings the Bird in my breaſt, and I do chear-
the Remon-
fully believe the Tune to be good.
ſtrance, Nov. This Remonſtrance whenfoever it paſſeth, will make ſuch an impreſſion, and
22. 1641.
leave ſuch a Character behind, both of his Majeſty, the People, the Parliament,
and of this preſent Church and State, as no time ſhall ever eat it out, whilſt
Hiſtories are written, and men have Eyes to read them. ---How curious then
ought we to be,both in the Matter and the Form ? Herein is a ſevere point of con-
ſcience to be tryed : Let us be ſure that every particular ſubſtance be a Truth:
and let us cloath that Truth with a free language, yet a modeſt and a ſober lan-
guage.
Mr. Speaker,this Remonſtrance is in ſome kind greater and more extenſive then
an Act of Parliament : that reachech only to England and Wales; but in this
the three Kingdoms will be your immediate ſuperviſors : and the greateſt part of
Chriſtendom will quickly borrow the Glaſs to ſee our deformities therein.
They will ſcan this work at leiſure, which (I hope) we ſhall not ſhut up in
hafte.
Some pieces hire are of excellent uſe and worth: but what is that to me if
I may not have them, without other parts that are both doubtful and dangerous.
Thic Matter, Form, and final end of this Remonſtrance, all of them do argue
with me, not to remonſtrate thụs.
The end : to what end do we decline thus to them that look not for it ?
Wherefore is this deſcenſion from a Parliament to a people ? they look not up
for this ſo extraordinary courteſie ? the better fort think beſt of us : and why
are we told that the people are expectant for a Declaration ?
I did never look for it of my Predeceſſors in this place, nor ſhall do from my
Succeſſors. I do hereby profeſs that I do not know any one Soul in all that
Country (for which I have the honour to ſerve) who looks for this at your
hands. They do liumbly and heartily thank you for many good Laws and Sta-
tutes already Enacted, and pray for more. That is the Language beſt under-
ſtood of them, and moſt welcome to them. They do not expect to hear any
other Storics of what you have done, much leſs promiſes of what you svi
wil
do.
Mr. Speaker, When I firſt heard of a Remonſtrance, I preſently imagined
that like faithful Counſellors, we ſhould hold up a Glaſs unto his Majeſty : I
thought to repreſent unto the King the wicked Counſels of pernicious Counſel-
lors : the reſtleſs turbulency of practical Papiſts. The Treachery of falſe
Judges: The bold Innovations and ſome ſuperſtition brought in by ſome prag-
matical BB: and the rotten part of the Clergy.
I did not dream that we should remonſtrate. downward, tell ſtories to the
people, and talk of the King as of a third perſon.
The
2
.
he
11
1
5
ಕ
+
'L
:
from tbe Scotchi Rebellion to the King's Murther. 669
+
1
I 6 4 1:
+
1
10
1
TM
.
4.
H
LA
KA
1
1
The uſe and end of ſuch Remonſtrance, I underſtand not: at leaſt, I hope, | Novemb.
I do not.
Mr. Speaker, In the form of this Remonſtrance, if it were preſented to
you from a full Committee, yet I am bold to make this Quære, Whether that Com-
mittee have preſented to us any heads in this Remonſtrance which were not firſt
agitated here, and recommended to them from this Houſe: if they have, there
wanteth then (for ſo much) the Formal Power that ſhould actuate and enlive
the work ſo brought unto us: as may be well obſerved by peruſing the Or-
10. Novem.
1640.
der (now above a Twelve Month old) for conſtituting that Committee.
In the matter of this Remonſtrance I except againſt ſeveral Particulars, but
upon the tránſient reading of it, (not having any view thereof) I will gather up
Firſt; (as was alſo obſerved by a Learned Noble Lord who ſpake laſt) here is a
L. Viſcount
Charge of a High Crime againſt all the Biſhops in the Land, and that above all Faulkland.
proof that yet I have heard.
Your words are, Idolatry introduced by command of the B B.
What? Plain, Flar, Formal Idolatry? name the Species of this Idolatry, that
is introduced by the Biſhops, that is (for indefinite propoſitions are æquipollent
to univerſal) by all the Biſhops, and by a command of theirs.
Certainly
Sir, Idolatry (in the practice of it) is a very viſible fin; and the
Command of the Biſhops was either legible or audible. Who hath read this
Command? who hath heard this Command? who hath ſeen this all Command:
cd Idolatry ? and can aſſign wherein it is?
Some ſuperſtition in Doctrines, and in Practices; by ſome Biſhops, this is not
the queſtion : but the odious Apoſtacy of Idolatry. Give me leave to ſay.
No Man in this Houſe can Charge and Prove all the Biſhops, no nor hialf of
them, I dare ſay, not any three among them : perhaps (and truly I think ſo) not
one among them all, to have iſſued forth any one Command for Idolatry. If
any man can, let him ſpeak and convince me, I love to be reformed. In the
mean timel deſire to offer you ſome particulars in Barr, and by way of Oppoſal
to this Charge.
The Learned, Pious, and Painful Biſhop of Durham hath fought in Front a- Dr. Morton.
gainſt Roman Superſtition and Idolatry.
The Bilhop of Lincoln was the firſt of Note, that gave check to our Papal
Mis-leaders and Altarian Innovators. He ſtood in gap of that Inundation, and Dr.:Pilliams.
was a ſufferer for us.
The Biſhop of Exeter (however miſtaken in the Divinity of Epiſcopacy) hath
ever had the repute both of a good Man, and a good Biſliop. He hath not only
held and maintained his ſtation, but advanced alſo, and made good Impreſſion
upon the Idolaters of Rome.
Mr. Speaker, This-hath been a very Accuſative Age: yet have I not heard.any
Superſtition (much leſs Idolatry) charged (much leſs proved) upon the ſeveral
Biſhops of London, Wincheſter, Cheſter, Carliſle, Chicheſter.
Dr. Juxton.
Dr. Bridgman.
Parcite paucorum crimen diffundere in omnes.
Dr. Duppar:
Not for love unto the perſons of the Biſhops, but for Honour to our Religi-
on, although the times of late have been ſomewhat darkened ; yet, let not us
make the day blacker in report then it is in truth.
In the laſt place I obſerve a promiſe in general words, That Learning ſhall be
rather advanced then diſcouraged : Sed quid verba audio, cum fa&ta videam.
Great rewards do beget great endeavours: and certainly (Sir) when the great
Balon and Ewer are taken out of the Lottery, you ſhall have few adventures for
ſmall Plate and Spoons only.
If any Man could cut the Moon out all into little Stars: although we might
ſtill have the ſame Moon, or as much in ſmall pieces; yet we mall want both
light and influence.
To hold out the Golden Ball of Honour and of Profit, is both policy and ho-
weſty, and will be Operative upon the beſt natures, and the moſt Pious Minds.
But (Mr. Speaker) if I'obſerve aright ; Learning (I mean Religious Learn-
ing) in this
. Remonſtrance is for one half thereof, utterly unthought on. And
becauſe I hear often Speech of one half, but feldome mention of the other,
give
1
+
Dr. Håll:
ir
Dr. Cürle.
Dr. Potser,
}
EL
-
1
..
1
1
An Impartial Colle&tion of all the memorable Events
I 6 4 I.
-5
Tit. 1. 9.
+
1
or
::
1
ready and able to Fight the Lord's Battel againſt the Philiſtims of Rome, the
670
Novemb. give me leave (I beſeech you) in this Theam a little to enlarge my ſelf: if
your Remonſtrance once paſs, it will be too late (I fear) to enter this Piea.
It is I dare ſay, the unanimous wiſh, the concurrent ſence of this whole
Houſe to go ſuch a way, as may beſt fettle and ſecure an able , learned, and
fully ſufficient Miniſtery among us. This ability, this ſufficiency muſt be of
two ſeveral forts.
It is one thing to be able to Preach and to fill the Pulpit well; it is another
ability to confute the perverſe Adverſaries of truth, and to ſtand in that breach.
The firſt of theſe, gives you the wholſome food of found Doctrine; the other
maintains it for you, and defends it from ſuch Harpies as would devour or elſe
polute it. Both of theſe are ſupremely neceſſary for us, and for our Religion.
1 Tit. 9, 1o. Both are of Divine Inſtitution. The Holy Apoſtle requireth both. Both
Verſe II.
Taggxdaño & faéyX68. Firſt to Preach, That he be able with ſound Doltrine to ex-
bort : and then, Kai tous dytraigonasiasy hy and to convince the gainſayers. For
(faith he) there are many deceivers whoſe Mouths muſt be ſtopt.
Now Sir, co my purpoſe : theſe double Abilities, theſe ſeveral ſufficiencies,
may perhaps ſometime meet together in one and the ſame man: but ſeldome,
very feldome, ſo ſeldome that you ſcarce can find a very few among thouſands
rightly qualified in both.
Nor is this ſo much infelicity of our, or any times, as it is generally the
incapacity of Man, who cannot eaſily raiſe himſelf up to double Excellen-
cies.
Knowledge in Religion doth extend it ſelf into fo large, ſo vaſt a Sphear,
that many (for haſt) do cut croſs the Diameter, and find weight enough in half
their work: very few do or can travel the whole Circle round.
Some one in an Age(perhaps) may be found, who as Sir Francis Drake about the
Terreſtrial Globe, may have travelled the Celeſtial Orbe of Theological Learn-
ing, both for controverſal, and for inſtructive Divinity
The incomparable Primate of Ireland deſerves fimt to be named. Biſhop Morton
(whom I mentioned before) is another Reverend Worthy, and hath Highly de-
ſerved of our Church in both capacities, Jewel (of Pious Memory) another Biſhop
never io be forgotten. Some few others I could name, able and active both for
As Mr. Read Pulpit and the Pen. But Sir, theſe be Rare aves, there are very few of them.
ing, Mr. Abbot. The Reaſon is evident. For whil'ſt one Man doth chiefly intend the Pul-
pit Exerciſes, he is thereby diſabled for Polemick Diſcourſes: and whil'ſt ano-
ther indulgeth to himſelf the faculty of his Pen, he thereby renders himſelf
the weaker for the Pulpit. Some Men aiming at Eminency in both, have
proved but mean proficients in either. For it is a Rule, and a fure one.
Pluribus intentus minor eft ad ſingula.
Now Sir, ſuch a way, ſuch a temper of Church-Government and of Church-
Revenue, I muſt wiſh, as may beſt ſecure unto us both: both for preaching to
us at home, and for convincing ſuch as are abroad.
Let me be always ſure of Tome Champions in our Iſrael, ſuch as may be
Socinians of the North, the Arminians and Semi-Pelagians of the Weſt: and ge-
nerally againſt Hereticks and Atheiſts evey where. God increaſe the number
of his Laborers within his Vineyard: ſuch as may Plentifully and Powerfully
preach Faith and good Life among us. But never let us want ſome of theſe
Watchmen alſo about our Iſrael, ſuch as may from the Everlaſting Hills (fo
the Scriptures are called ) watch for us, and deſcry the common Enemy, which
way ſoever he fall approach. Let us maintain both Pen and Pulpit. Let no
Ammonite perſwade the Gileadite, to fool out his right Eye, unleſs we be wil-
I Sam. 2.
ling to make a League with Deſtruction, and to wink at Ruine, whilſt it
comes upon us.
Learning (Sir) it is invaluable: the loſs of Learning, it is not in one Age
recoverable. You may have obſerved that there hath been a continual Spring, a
perpetual growth of Learning ever ſince it
, pleaſed God, firſt to light Luther's
Candle: I might have ſaid Wicklif's,and juſtly fo I do; for even from that time
arito this day, and night and hour, this light hath encreaſed ; and all this
while
11
1
1
Kill
1
,1
7
.
from tbe Scotch Rebellion to the King's Murther. 671
Novem.
1.641
.
.
while our better cauſe hath gained by this light; which doth convince our
Miſo-mufifts, and doth evict that Learning and Religion, by their mutual fup-
port, are like Hypocrites Twyns, they laugh and Mourn together.
Bút Sir, notwithſtanding all this ſo long encreaſe of learning, there is Terra
incognita,a great Land of Learning not yet diſcovered; our Adverſaries ure day-
ly Trading, and we muſt not ſit down and give over, but muſt encourage and
maintain, and encreaſe the number of our painful Adventurers for the Golden
Fleece ; and except the Fleece be of Gold, you ſhall have no Adventurers.
Sir, we all do look that our Cauſe ſhould be defended : if the Fee be poor,
the Plea' will be but faint. Our Cauſe is good, our Defence is juſt : let us
take care that it be ſtrong; whịch for my part, 1 do clearly and ingeniouſly
profeſs, I cannot expect ſhould be performed by the Pariſh Miniſter, no not ſo
well as hitherto it hath been. For from whom the more you do row expect of
the Pulpit, the leſs (I am ſure) you muſt look for of the Pen.
How ſhall we with one hundred Pound, (perhaps two hundred Pound) per
annum, with a Family, and with conſtant Preaching, be able, either in Purſe
for Charge, or in leiſure for time, or in Art for skill, to this fo chargeable,
ſo different, fo difficult a work? I ſpeak it (Mr. Speaker) and Pardon iny
want of Modeſty.if I ſay, I ſpeak it not unknowingly : Six hundred Pound is
but a mean expence in Books, and will advance but a moderate Library. Pains
and Learning muſt have a reward of Honour and Profit proportional : and ſo
long as our Adverſaries will contend, we muſt maintain the Charge, or elſe
lay down the Cauſe.
In Concluſion, I do beſeech you all with the fervour of an earneſt heart ; a
lieart almoſt divided between hopes and fears: never to ſuffer diverſion or di-
minution of the Rents we have for Learning and Religion ; but beſide the Pul-
pit, let us be ſure to maintain taysegtlar xatonoxio an univerſal Militia of Theo-
logy, whereby we may be alway ready and able (even by ſtrength of our
own, within our own happy Iſland at home) 27150ulſay to ſtop the Mouth of all
errors and hereſies that can ariſe.
Never Sir, never let it be ſaid that ſacred Learning (for ſuch is that I plead
for) ſhall in one eſſential half thereof, be quite unprovided for in England. Sir,
I have reaſon to be earneſt in this, I fee I know great deſigns drawing another
way: and my fears are increaſed, not cured by this Declaratiou.
Thus I have done : and becauſe I ſhall want Champions for true Religion.
Becauſe I neither look for Cure of our Complaints from the common People,
nor do deſire to be cured by them. Becauſe this Houſe (as under favour
I conceive) hath not recommended all the heads of this Remonſtrance to the
Committee which brought it in: Becauſe it is not true, that the Biſhops have
Commanded Idolatry becauſe I do not know any neceſſary good end and uſe of
this Declaration, but do fear a bad one. And becauſe we paſs his Majeſty,
and do remonſtrate to the People. I do here diſcharge my Vote with a clear
Conſcience, and muſt ſay No to this ſtrange Remonftrance.
This was the laſt Speechi, which this unfortunate Gentleman made
in the Houſe, that I can meet with, whom I cannot name without
Compaſſion, conſidering his great Parts and Abilities, had they been
rightly. Informed, and not over-born by the popular Torrent, which
though he at firſt helpt to ſwell above its Banks, he was not able to
Stem, when he indeavoured to oppoſe it, but was himſelf over-born
and funk by it. · And how dangerous a thing that great Privilege of
Freedom of Speech was then in that Houſe, he remains a ſad Example,
as will appear hereafter by their Treatment of him, and by his own
Poſtſcript to the Collection of his Speeches, which becauſe it ſhews the
Genius of thoſe Perſons and Times, I think will not be amiſs to preſent
the Reader with, in his own Words.
1
#
-
1
70
.
1
Vol. II.
Rrrr
POSTSCRIPT.
1
1
672
An Impartial Collection of all the memorable Events
Novemb.
1 641.
« POSTSCRIPT.
CC
TH
66
tick party
CC
CC
<<
1
C
The Carriage Hus have you a faithful and a clear expoſure of my ſelf in mat-
of the Root
and Branch
ter of Religion, both in what I have ſaid, and what I wiſh may be
Men to Sir Ed“ done. Let the Candid and Ingenuous Reader judge me. Such of the
ward Deving.
" Prelatick Party as are in love with preſent pomp and power will be
" averſe unto me, becauſe I pare ſo deep: The Rooters, the Anti-Prela-
declaim agaiņſt me, becauſe I will not take all away. At
laſt Midſummer a new Moon did take theſe men, I did begin to find a
“ different greeting, a change of falutation. Some expoftulate ; others
“ condemn: ſome adviſe ; others would ſeem to condole: all upon oc-
caſion of my Speech 21. June ; although I find not there (or in any
thing elſe that I have ſaid) any cauſe to make me the object either of
their
anger, their counſel, or their pity.
The plain truth (as I touched before) is, that immediately upon my
approach unto this Parliament, fome circumſtances did concúr to lead
my language on upon the Archbiſhop, not any perſonal paſſages (God
"and my Soul.do witneſs for me, I have not ſuch a temper ;) But be-
ing Servitor for that Shire,and in that Dioceſs where ſome of his hard-
ſhip then freſh and new was brought by complaint unto me; The ac-
cident of preſenting that complaint did beget me almoſt as many new
« Friends as he had old Enemies : and I know not what miſconception
“ did thereupon (untruly) entitle me an enemy to the very
function
" of Epiſcopacy. I never gave my Name in to take away both Root and
Branch. I love not the ſound of a Curſe ſo well. If by the Rooters
I lave been ſo miſtaken, their credulity is not my crime. And their
“ foul language ſhall neither be my ſhame nor ſorrow; I will repeat ſome
“ of their falutations.
1. One tells me, That I would onely have new Biſhops in room of old
ones: Cujus contrarium verum eſt.
2 ly. P.
2. Another, That I have a Pope in my Belly.
3 S.W.B. 3. A Third, That he was never more ſorry for any Speech in the
Houſe, meaning that 21. Fune.
4 M. S.
4. Another, That ſtrange things were ſaid of me.
5 W.c.
5. A Fifth and 6 Sixth, That I go the way to ſpoyl all their work,
Mr.SS.
e ſo I hope I do.
7 Dr.B.from 7. A Seventh, That it is ſaid I am fallen from Grace: do ſome men
Other's.
“ ſeem deſperately to look into the Ark of God.
8 Dr. W.
“ 8. An Eighth, That I have contraried all that I ſaid before : let the
" Doctor ſhew me that now.
R. L. B. 9. A Ninth is told, That I am Apoſtated ; I doubt his Religion (in
quantum it differs from that of the Church of England) is an Apo-
ſtacy.
10 Mr. F. 10. A Tenth, That I am gone over to their Adverſaries.
a's. A.H. II. An Eleventh and Twelfth, That the Primate of Ireland, and
T.W. “ Dr. Brownrig have infected me; I dare drink their poyſon.
13:
That the two Learned and Painful Equals without match, Mr.
Reading, and Mr. Abbot, abuſing my truſt in them, and good opinion
“ of them do miſlead me; a flander upon three at once.
14 S. E. P. 14. That Dr. Burges and I have conferred Notes; I wiſh we had.
15. That I am for Biſhops, for Croſſes, and for Images ; true and
I A.G.
CC
6
9
C
CG
12
13 G. H.
6
Is Mr. K.
6 falſe.
16. That
.
!
1
.
1
1:
4
16:41.
(C
sion had been taken away; and (the peſt of the Chair foleſhip of
from the Scotch Rebellion to the King's Murther. -673
16. That if I had held where I was, there had not been a Billop in Novemb.
the Land before Auguſt laſt ; a falſe Wizard, I did hold where I was,
" and yet the Biſhops are where they were.
17. That I have loſt the prayers of many Thouſands.
18. That I have lost the honour I had, and that my Conſcience is not
C. so good as it was in the beginning of this Parliament. Good (Mr. C.) 18 T.C.
you who would have Bilhops out of their Chairs, come you out
of the chair of the ſcornful. You are one of them who jog our elbowes,
and boar our Parliament Ears with Babylon, Antichriſt and the Myſtery
of Iniquity, which I dare ſay is groſly miſunderſtood by your ſelf and
many others of your Rooting Tribe.
Before this Parliament was convened, you would have joyed upon
that day, when the ſting of ill executed Epiſcopie (the high Commiſ-
15 1. K.
17 Civis Iga
notus,
!
CC
CC
LE
.CC
1
ic
1 2
ic
power retrenched. One is done, and both had been effected, if you
and ſuch as you had not over-heated a Furnace that was burning hot
before ; and with preſſing for Ruine, have betraved the time of a blef-
“ ſed Reforming: Take it unto you, for upon you, and the blind igno-
rant wilfulneſs of ſuch as you, I do here charge the fad account of the
loſs of ſuch a glorious Reformation, as being the revived image of the
“ beſt and purelt Ages,would with its Beauty and Piety have drawn the
Eye and Heart of all Chriſtendom unto us. The Horſe-leaches daugha
ters do cry, Give, give. And you that might have had enough, do
“ ſtill cry, More, more. The greedy Vulture of an inſatiate appetite is
incurable. To reform Epiſcopacy, it is in your eſteem too faint, too Prov 30.
“ cold a work, it is labour ill beſtowed, and unthankfully accepted ; nay 15.
cne of you fáid in my hearing, It is a fin to labour in the dreſling and Mr. F.
proining of that Plant, which (ſay you) is not of God and muſt be digged
up. And with Epiſcopacy, away with the burden of our Liturgy.
If you take not off this burden alſo, it will be girded upon us cloſer and a s. M.
Aronger then ever. Away with the thought of a National Church alſo,
" It hath no pattern in the Scripture. It is impoſible for a National b Protefation
“ Church to be the true Church of Chriſt. Let us have no Church but proteina. Po 2.0
Congregations, and let them te without all ſuperintendency: As much tin. p. 4.
to ſay, as let every Family be a Church, and have Religion as they d Eacon's Ser:
pleaſe.Away with alle diſtinction of Clergy and Laity, it is topiſh and An- by Situch.
tichriſtian. Let us thien baniſh from us Juch Popiſh Names and ſend them Afton. p.4.
“ home to Rome. The Church is a Body of parity, whoſe members are all Scotinico. of
Kings and Prieſts. 5 And every man muſt exerciſe his Gifts in common. vernment, p.3.
“ So alſo the Learned (but herein abſurd and groſs) - Walo Meßalinus,
« Omnes olim Presbyteri erant Laici; And again, Waldenſes & Lutherus
Quintin. p.g.
& Spiacers
“ crediderunt juſtos ac fideles Laicos pofle omnes, quæ in Ecclefiâ Dei agi Pamphler
,
necesse eſt, agere, & omnibus muneribus Ecclefiafticis defungi. Theſe Salmalius 20
things thus preſſed, and purſued, I do not ſee but on that riſe of the saint Peca-
King Ship and Prieſtſhip of every particular man, the wicked ſweetneſs vius p. 3973
“ of a popular parity may hereafter labour to bring the King down to
“ be but as the firſt among the Lords, and then if (as a Gentleman of
the Houſe profeſſed his deſire to me) we can but bring the Lords down
into our Houſe among us again, čupnine. All's done. No rather, all's
undone, by breaking aſunder that well-ordered Chain of Government,
" which from the Chair of fupiter reacheth down by ſeveral golden eveni
“ Links to the protection of the pooreſt creature that now lives among
6
cc
do 5.
CC
| 393.
A
us.
Vol. II.
Rrrr 2
What
+
1
2
/
i
i
674 An Impartial Collection of all the memorable Events
66
1
6C
c. 27.
1
1
Novemb. " What will the iſſue be, when hopes grow ſtill on hopes ? and one
1 641.
« aim ſtill riſeth upon another, as one wave follows another : I cannot
“ divine. In the mean time, you of that party have made the work of
Reformation far more difficult than it was at the day of our meeting,
and the vulgar mind now fond with imaginary hopes, is more greedy
of new Atchievements, then thankful for what they have received.
“ Satisfaction will not now be ſatisfactory. They and you are juſt in
a Seneca's deſcription, Non patitur aviditas quenquam elle gratum. Nun-
a De Benif. 1.2.
quam enim improbe ſpei, quod datur, fatis eft Eo majora cupimus, quo
majora venerunt.
Æquè ambitio non patitur quenquam in eâ men-
" ſurà conquieſcere, quæ quondam fuit ejus impudens votum. — Ultra ſe
cupiditas porrigit, & felicitatem fuam non intelligit. Learn modera-
b. 7. H. H.M. “ tion (Mr. c.) unleſs (as b ſome of you Rooters do ſeem to hold) you
“ do think moderation it ſelf a Vice. The Stoick was in that point more
Epictetus. “ Pious then ſuch Chriſtians: his Motto was, and your Leſſon is, 'Aréges
" xj 'Amégs.
Tueſday,
The Bill for ſecuring Papills, being preſented by the King's Council
Novemb, 23. was read a firſt and ſecond time this Day, and committed to a Commit-
tee, who with ſome few amendment of Names, and little Alterations
preſented it again to the Houſe; it was read thrice, and being approv-
ed was Ordered, To be Ingroſſed, and receiving the laſt reading, it was
upon the Queſtion Reſolved, to paſs as a Law, and immediately jent down
to the Commons, by. Serjeant Finch and Serjeant Glanvile.
A Meſſage was ſent to the Commons to let them know, That the
Queen hath deſired the Inlargement of Phillips the Prieſt, and that the Lards
being ſatisfied with his Submiſſion, and having nothing againſt him further
depending in their Houſe, are inclinable to releaſe him, but reſolved ac-
cording to their Engagement to let the Houſe of Commons be firſt acquaint-
ed with it. Upon which the Commons made this Anſwer, That. they
deſire he may be continued ſtill in bis Reſtraint, ix regard he is a Prieſt,
and complained of for ſeducing his Majeſties Subjects.
Several Bills were ſent up to the Lords, two private ones, a third for
the laying down of the Privilege of Parl.ament, concerning Protections
in ſome Caſes, &c. a fourth for the Forfeiture of the Lands of John
James, ( who ſtabbed Juſtice Heywood at White-Hall) and for his further
Puniſhment, &c.
An Ordinance was alſo brought into the Houſe of Commons for re
imburſing the City the 5ocool, laſt borrowed, and the 50000 l. for-
merly lent to the Peers, in the Northern Expedition.,
Wedneſday The Commiſſioners being now returned from Scotland, the Lord
Novemb.2.4. Keeper was commanded, in the Name of the Houſe of Lords, to let the
Lord Floward of Eskrik know, That the Houſe doth acknowledg, that his
from Scotland. Lordſhip hath very carefully and faithfully diſcharged that Truſt, which
this Houſe repoled in him, in his Imployment in Scotland, as a Committee
for this Hauſe, for which the Houſe gives his Lordſhip Thanks, and will
be ready upon all Occaſions for his Good, to Recommend him to the
K'ing:
Thurſday ,
The Houſe of Lords: being Ycſterday adjourned in regard they were
Novcmb.25. informed of his Majeſties coming from Scotlandy fate not till Friday:
and that it may a little recreate the Reader, who may well be tired with
ſo much Tragedy, and the repeated Troubles of Rebellions, Plots and
Conſpiracies, of which this unhappy Age was ſo Fertile, I will prefent
him
.
*
•
::
The Commir
ſioners return
.
:
.
HP
II
nh
i
N]
Ji-
fit
#I
.
1
4
1
1
from the Scotch Rebellion to the King's Murther. 695
him with the ſhort Sun-Ihine of that Days Solemnity, which hath 10 Novemb.
often teen reſembled to the Treacherous Hoſannas, which preceded the
4
İ
Crucifixion of the Glorious Redeemer of the World! and not without
Reaſon, for while he made that ſhort Ovation in Lordon, the Scribes
and Phariſecs of the Faction at Weſtminster, were in Conſultation of that
Ricmonſtrance, which was to crucify his Reputation, and was the firſt
bold Step to the taking away his Crown and Life.
Notice having been given of his Majeſtics Return this day to White- The King re-
Hall, the Nobility, Gentry, Lord Mayor, Aldermen and Recorder, Scotland, and
with many of the Principal Citizens, went to attend his Majeſty, and the manner of
his Reception
Conduct him to the City.
by the City.
So ſoon as they met him, Mr. Recorder of London Addreſſed him-
ſelf, with all due Reſpects to his Majeſty in this congratulatory Speech.
CC
of London's
Speech to the
C
land.
with as
fu
May it pleaſe Tour Majeſty,
THE
His is a day of Exceeding great joy to your Citizens of London, Mr. Recorder
joy exalted to the higheſt degree, to ſee you returni in ſafety af-
ter a long abſence, and to ſee this happy meeting with your Deareſt King at his re-
“ Confort our good and gracious Queen; and with theſe bleſſed Chil- curn from Scora
“ dren, that are the Fruits of your Loves, and Pledges to us of a fruit-
“ ful and hopeful Succeſſion.
“ I can truly ſay this from the Repreſentative Body of your City,
“ from whence I have my Warrant ; they meet ur Majeſty with as
much Love and Affection, as ever Citizens of Londen met with any
of Your Royal Progenitors, King or Queen of this Kingdom ; and
as hearty a deſire to ſhew it ſelf fully : Pardon their failers, where
you meet with any.
We tender unto You no formal Preſent, it would but leſſen us,
whatever it were, I am ſure it would be far ſhort of our meaning, but
we preſent unto You our hearts and affections, hearts of true Subjects,
“ full of Loyalty to You our King and Sovereign.
“ 'Tis true, in this we offer Your Majeſty but your own, they were
by juſt right Yours before : but upon this new and enlivening occa-
ſion, be pleaſed to take them as a new gift ; we offer them chearfully,
“ vouchſafe to accept them graciouſly; and with the Influence of thoſe
“ Excellent and Princely Vertues, which we know by great aſſurance
to be eminent in Your Royal Perſon, we doubt not but Your Majeſty
will continue the defence of our Eſtabliſlit Religion, and the clear
“ Current of Juſtice, through all the Streams, of which Your Majeſty
is the Royal Fountain.
« Vouchſafe likewiſe to uphold and countenance that Ancient Form
and Frame of Government, which hath been long Eſtabliſhed in the
City ; that Power and Authority of Yours, which You have com-
mitted to Your Lord Mayor, your true and faithful Subject and Ser-
vant, and the fit reverence and reſpect due to the Aldermen his Bre-
thren, who are to aſſiſt him in his Government : we ſhall be thereby
the better enabled to ſerve Your Majeſty, and conſtantly to render to
You the Fruits of a true Obedience : And, as our Duty binds us, we
ſhall never ceaſe to Bleſs You, and Pray 'for You, anid Your Deareſt
Confort our gracious Queen, and for this Your Royal and Princely
Off-fpring; for Your Majeſties long Life, and proſperous Reign over
us, in Peace and Glory, and with full contentiment: And I doubt not
" but
(G
CC
1
4
1
676 An Impartial Collection of all the memorable Events
Novemb.
1 641.
" but every true Subject will joyn with us in this, and ſay, Amen.
“ Theſe Expreſſions of Joy, of Love, of Loyalty ; and theſe hearty
“ willies and deſires, which I have mentioned, I meet with every where
“ from your Citizens of London ; they are the ſoft and ſtill Muſick
prepared for Your Majeſties Welcom and Entertainment this Day :
The joyful Acclamations of Your People, upon the ſight of your
Royal Perſon will make it louder, and all chearfully bearing their
agreeing parts together, ſhall I hope this Day make up to Your Ma-
jeſty a full and pleaſing Harmony.
OC
To which His Majeſty immediately returned this Gracious Anſwer.
The King's
Anſwer to the
Recorder of
London's
Specch.
1
2
Mr. Recorder,
Muſt deſire you, becauſe My Voice cannot reach to all thoſe that I de-
fire ſhould hear Me, to give moſt bearty thanks to all the good Citi-
zeirs of London, for their bearty Expreſſions of their love to Me this
Day: And indeed I cannot ſufficiently expreſs the contentment I have re-
ceived therein : For now I ſee, that all theſe former Tumults and Diſor-
ders, have only.riſen from the meaner fort of People, and that the Affe-
Etions of the better and main part of the City, have ever been Loyal and
Affectionate to My Perſon and Government.
And likewiſe it comforts Me to ſee, That all thoſe miſreports that have
been made of Me inchy abſence, have not the leaſt power to do Me preju-
dice in your Opinions, as may eaſily be ſeen by this days Expreſſions of
Foy.
And now I think it fit for Me to aſſure you, That I am returned with
as hearty and kind Affections to my People in general, and to this City
in particular, as can be deſired by loving Subjects : The firſt I ſhall ex-
preß by governing you all according to the Laws of this Kingdom, and in
maintaining and protecting the true Proteſtant Religion, according as it
hath been Eſtabliſhed in my two famous Predeceſſors times, Queen Eliza-
* To Prophe. beth and My Father ;:* and this I will do, if need be, to the hazzard of
tically ſpoken.
My life, and all that is dear unto Me.
As for the City in Particular, I ſhall ſtudy by all means their profpe-
rity : And I afure you, I will ſingly grant thoſe few' reaſonalle demands
you have now made unto me in the Name of the City; and likewiſe I ſhall
ſtudy to re-eſtabliſh that flouriſhing Trade, which now is in ſome diſorder
amongst you, which I doubt not to effect, with the good aſſiſtance of the
Parliament.
One thing I have thought of, as a particular Affection to you, which is,
to give back unto you freely, that purt of London-Derry which heretofore
was Evicted from you. This, I confeß, as that Kingdom is now, is no great
but I hope firſt to recover it, and then to give it to you whole and
intirely
. And for the Legal part of this, I command you, Mr. Recorder,
to wait upon me, 10 fee' it punétually performed.
I will end as I began, to deſire 304, Mr. Recorder, to give all the City
thanks, in betier Expreſlions than I can make : Though I muſt tell you,
it will be far ſtort of that real contentment I find in my heart, for this
real and ſeaſonalle Demonſtration of their Affections to me.
Sir. Richard
Gurney thc L.
Mayor, and
His Majeſty having ended this gracious Speech, was pleaſed to con-
the Recorder fer the honour of Knighthood upon the Lord Mayor, and Mr. Recor-
Knighted.
der,
+
Gift;
>
'
11
***
14
4.
1
f
.
1
1
.
T
I
"
1
V
+
from tbe Scotch Rebellion to the King's Mürtber. 677
der, with the City Sword ; and both their Majeſties gave them, as alſo Novemb.
the Aldermen, City Council and Officers, the honour of kiſſing their 16 4 1.
Royal hands.
This Ceremony being over, His Majeſty and the Prince alighted out
of the Coach, and took their Horſes; the Queen, Duke of Tork, Prin-
ceſs Mary, Prince Elector, and the Dutchefs of Richmond ſtill remaining
in their Coaches.
In the mean time, by the care and pains of the two Captains of the
Companies, and of the three Marſhals that were appointed for this days
Service, the 500 Horſe-men of the Liveries, and their Attendants were
brought in Order, and the Command being given, faced about, in or-
der to the conducting of their Majeſties into London ; which brave
appearance gave great fatisfaction to His Majeſty, and the reſt of that
Illuſtrious Company.
The whole Cavalcade was Marſhalled in this Order.
The City Marſhall.
The Sheriffs Trumpeters.
The Sheriffs Men.
Meſſengers of the Chamber.
Citizens in their Velvet Coats and Chains.
The City Councel and Officers.
The Aldermen.
The Princes Trumpeters.
The King's Trumpeters.
Gentlemen of the Privy Chamber.
Knight Marſhal.
Purſivants at Arms.
The Lord Chief Juſtice of the Common-Pleas, being
a Knight of the Privy. Council.
Barons.
Lord Göring.
Lord Coventry.
Lord Fielding.
Lord Digby.
Lord Moubray.
Viſcount Conway.
Heralds.
Earls.
Earl Rivers.
Earl of Bath.
Earl of Cumberland. Earl of Eſſex, L.Chamberlain
of the King's Houſe.
Duke of Richmond.
Clạrencieux, and Norroy.
Lord Keeper.
Lord Privy Seal.
Sergeants at Arms, among whom one
for the City
Quirries!
:
2
L
i
t'
L.
+
1
A
+
appointment, as a- grace and favour waiting.
678 An Impartial Colle&tion of all the memorable Events
Novemb.
I 641.
Quirries and
The Prince's
Quirries and
Foot-men.
Foot-men. .
The Lord Mayor carrying the Cities
Sword, by His Majèſties Special A Gentlemari-
Garter. .
Uſher daily
2
at this time,
1
1
Chamberlain. { Marqueſs of Hertford bearing the
1
1
Lord Great
Earl Mar-
Sword of State.
Thal.
The King's Majeſty.
The Queens Majeſty in her Coach richly Embroydered,
and with her, the Duke of York, the Princeſs
Mary, and the Prince Elector.
Marqueſs Hamilton, Maſter of the Horſe, leading
the Horſe. of State.
The Earl of Salisbury, Captain of the Penſioners.
The Gentlemen Penſioners, with their Pollaxes, all
mounted, with Piſtols at their Saddles.
The Earl of Holland, Lord General beyond Trent,
and after him, Viſcount Grandiſon; with many
other principal Commanders in the late
Northern Expedition.
After theñ; divers Ladies, and other Perſons of
Great Quality.
Tlse Teomen of the Guard.
1
"
In this Order they marched towards London, and entred the City at
Moor-gate, where their Majeſties were welcomed with a noiſe of Trum-
pets, appointed to attend there to that purpoſe; from which place to
Biſhops-gate, and..ſo, through Corn-hill, to St. Laurence Lane's End in
Cheap-ſide;the Companies in their Liveries ſtood on the left hand as their
Majeſties paſſed by; tlié Rails of the Standings being covered with Blew
Cloth, and the Standings themſelves being richly adorned with Ban-
ners, Enſigns, and Pendants of the Arms of each Company reſpectively.
Nine Companies of the Twelve ſtanding in the Morning, the Lord May-
or's Company beginning againſt St. Laurence Lane's End, and the other
Eight in their Order, towards Biſkops-gate, the reſt of the way to Moor-
gate being ſupplied by ſome of the inferiour Companies ; the outſides
of the Houſes all' tlię Way their Majeſties paſſed being adorned with
rich Tapeſtries.
On the North ſide of the Street,' four Foot diſtant from the Houſes
were Rails placed, to regulate and keep
the People in good Order, from
Biſhops-gate to Corn-hill, and fo to Temple-Bar ; at the beginning of
which Rails,viz. at Bilhapſgate,by the direction of the 2 Captains,and 3
Marſhals, the firſt Horſe-rnen of the Liveries began to make a Stand,
the firſt Rank of them placing themſelves ſingle, faced to the Liveries
!
1
6
that
W+
1
1
ILL
KIT
::
L
?
4
HY
::
.
HI!
1.
1"
1
1
+
1
it; before which was a Table of 6 Yards long, at the South End where-
from the Scotch Rebellion to the Ring's Mùrtber. 679
that were in the Standings, and the reſt paſſing along; placed tliemſelves Novemb.
in the ſame Order : The Trumpets and Pendants of each company, 1 6 4 1.
ſtanding in the Front; and then the Companies themſelves ; the youn-
geſt being next to the Pendant, and ſo upwards by Seniority, to the
Maſter of the Company, who took his place laſt. Then began the
Pendant and Youngeſt of the next Company to make their Stand, and
ſo in Order, till they came to St. Laurence Lane's End ; there being five
Foot diſtance from one Horſe to another, in which ſpace ſtood each
Horſe-man's Foot-man with á Truncheon in his hand, fo making a
Guard for their Majeſtics, and the reſt of the Train to paſs through:
And it fell out that moſt of the Companies of Horſe were placed right
againſt their own Companies in the Standings. The People that were
Spectators in the Streets, were beſtowed part behind the Horſe, ånd
part behind the Liveries; and by this good Order, their Majeſties and
the whole Train paſſed quietly, and without the leaſt interruption.
Their Majeſties coming along Corn-hill, ſeven Trumpets that were
in the Clock-houſe of the Royal Exchange, gave their ſecond welcom
into the City; and as they paſſed along, the Conduit in Corn-hill, and
the great. Conduit in Cheapfide ran with Claret Wine, to expreſs
the Liberality of the City for that Joyful Day! And all the Way as their
Majeſties paſſed along the Streers réſounded again with the Loud and
Joyful Acclamations of the People, crying, God bleßand long live KING
CHARLES and QUEEN MART, and their Majeſties reciprocally and
heartily Bleſſing and Thanking the People, with all the Expreſſions of
Satisfaction imaginable.
*Being come to the End of St. Laurence Lane, the Paſſage being nar-
TOW, neither Horſe nor Foof'could be planted there, ſo that only the
Sheriffs Officers, the City Counſel and Officers, the Sheriffs, Aldermen,
and the Lord Mayor, conducted their-Majeſties and their Noble Retinue
to Guild-Hall.
At their entrance there, divers Honorable Lords and Ladies that had
not given their attendance abroad, preſented themſelyes to his Majeſtie,
and attended Him and the Queen, up to the New; and Old Councel-
Chambers, which were appointed for their Repoſe, till Dinner could be
ſerved
up; the Four Comptrollers for the Day, and about 80 comely
and grave Citizens in Foynes and Liveries, ſtanding and making a Lane
on both ſides their paſſage, to whom their Majeſties ſliewed gracious Re-
ſpects, the City Muſick playing all the while to Entertain them, during
the time of their Répoſe.
As ſoon as their Majeſties had a little repoſed themſelves, Command
Was given to ſerve up Dinner ; the Place appointed for it was the Huſt-
ings at the Eaſt-End of the Hall; which was raiſed almoſt two Yards
from the Ground, the Floor being covered with Turky Carpets, and all
the Hall, as all the other Rooms, were hanged and adorned with rich
Tapeſtrý : In the middle of the place where their Majeſties Dined, was
hung up a Cloth of Eſtate, and two Chairs of Eſtate were placed under
!
1
+
of, at tivo-Yards diſtance was a Table of Garniſh 3 Yards ſquare, and at
the North End was a Room Erected for Muſick of all-forts; for the En-
tértainment of their Majeſties while they were at Dinner.
About 4 or 5-ſteps under the place prepared for their Majeſties, was
a frame of Timber Erected, and Floored with Deals
, a Yard from the
Ground, which Extended almoſt to the Hall Door,upon each ſide wltere-
Vol. II.
Sirf
ofi
F
i
-
i
680 An Impartial Colle&tion of all the memorable Events
Novemb. of was a Table ſet from the upper to the lower end of it; at theſe two
16.41. Tables, the Lords and Ladies that attended their Majeſties were to Dine,
between which was a ſpacious Way left covered with Green Bayes,
whereon their Majeſties were to paſs where they ſhould dine.
In the Weſt part of the Hall below the Gate, on the South ſide, was a
long Table placed for the Gentlemen Penſioners; and in all other Rooms,
that were not for their Majeſties Retirement, Tables were likewiſe
pre-
pared for ſeveral ſorts of their Majeſties attendants.
Dinner was ſerved up in this manner; From their Majeſties Table to
the Dreſſer, which was at the Weſt End of the Hall, ſtood the 80 Livery
Men before mentioned, in two Ranks about 2 yards diſtance from each
other, Face to Face; one Rank of them receiving from the Dreſſer the
King's Meat, and the other the Prince's, at one and the ſame time; they
never ſtirred from their places, but delivered the ſeveral Diſhes from one
to another, till it came to the Sewers, who placed them upon the Table.
Their Majeſties Table was furniſhed with four Courſes, the firſt conſiſt-
ing in.50 Diſhes of Cold Meats, as Brawn, Fiſh, and Cold baked Meats,
planted upon the Garniſh or ſide Table; the other three were of all ſorts
of Fiſh, Fowl and Fleſh, to the Number of 120 Diſhes of the Choiceſt
Kinds that could be procured : After which was ſerved up a moft Excel-
lent' and well ordered Banquet of all ſorts of Sweet-meats and Confecti-
ons wet and dry.
At the High Table Dined His Majeſty, his Royal Confort the Queen,
the Prince, the Duke of Tork, the Princeſs Mary, and the Prince Elector
Palatine, in this Order ; The King fate under the Cloth of Eſtate, and
Her Majeſty cloſe to him on-liis left hand; On his right hand, about a
yard diſtance, fate the Prince'; and about the fame diſtance from his
Highneſs fațe the Prince Elector: At Her Majeſtics left hand, about a
yard diſtance, was placed the Princeſs Mary, and not far from her the
Duke of York.
The Service for the Tables of the Lords; and Ladies was thus ordered :
The Liveries before mentioned, after the Meat was placed on the high
Table, ſerved up Dinner to thoſe Tables, but in a different poſture ; for
wherças Lefore, they ſtood in two Ranks Face to Face, they now turned
Back to Back, becauſe the Diſhes being ſerved to both Tables together,
the one Rank of them might face to one Table, and the other to the
other: To theſe two Tables were appointed 10 Meſſes, conſiſting of 500
Diſhes
Theſe two Tables being furniſhed, care was taken for the reſt of the
Train, that were thought fit to Le entertained within the Hall,who were
all ſerved ſo plentifully,thật not one perſon was heard to go.diſcontented
away: A large Proviſion was made abroad for the Guard, Footmen,
Coachmen and the like.
Their Majeſties. were extreamly pleaſed as well with the Excellent
Sir John Pet Management, as the Plenty, and
Splendor of the Entertainment; and
tus Knighted. Dinner being Ended, the King, fent for Mr. Fohan Pettus, a Gentleman
of an Ancient family, in the County of Suffalk, and beſtowed the Honor
of Knighthood upon him, as a mark of his Favour to the Lord Mayor,
whoſe Daughter he had married
Their Majuſties having repoled themſelves ſome little-time after Din-
ner, the Dayus being thort, ccminand was given for their Departure,
and about tour of the Clock they drew. up, and in the fame Order,
with which they were Conducted into the City, they were alſo attend
ed
.
1
A
.1
1
Ի
.
TU
4
1.
i
Idi
*
Þ
"
11
1
..
from the Scotch Rebellion to the King's. Mürtler. 681
ed tº White-Hall, with this only difference, that whereas in the Morn-| Novem.
:
ing the Footmen carried Truncheons in their Hands, they now went 1.6:41.
with lighted Torches or Flambeaux, which gave so great a Light, as
that the Night ſeemed to be turned into Day. As they paſſed along,
the Trumpets and City Muſick were placed in ſeveral Parts; Sounding
and Playing, which together with the continued joyful Acclamations of
the People, made the Streets ring again; the Conduits in Cheapſide and
Fleet.ſtreet all the while running with Wine. In their Paſſage by the
South door of St. Paul's Cathedral, the Quire, with Sackbuts and Cor-
nets, ſung an Anthem of praiſe to God, with Prayers for their Majeſties
long Lives, that his Majeſty was extreamly pleaſed with it, and gave
them very particular Thanks, as all the way of his Paſſage, He uſed
ſuch Expreſſions of his high Contentment, and Senſe of the Affections
of his people, that there ſeemed to be a kind of Emulation between him
and the City, which ſhould moſt expreſs their kindneſs to each other.
The Citizens bleſſing and praying for their Majeſties and their Roy-
al iſſue, and their Majeſtics returning the ſame Bleſſings upon the
Heads of the Citizens.
The King was in this manner, amidſt a thouſand Prayers and Accla-
mations, Conducted to his Palace at White-Hall, where the Lord Ma-
jor coming, humbly to take his leave of his Maje?ty, the King out of
the abundance of his excellent good Diſpoſition, was graciouſly pleaſed
to imbrace the Lord Major, heartily thanking him, and with all giving
him in Charge, that in his Name, he ſhould return his Thanks to the
whole City
One would be apt to think by this Days Solemnity, that there was
not a more Loyal City, or a more happy. Prince in the whole Univerſe ;
and to ſay the Truth, it may be, the better part of the City, was never
more ſincere in their Affections to this moft Excellent Prince, and could
they have kept the Governing Power in their Hands, they would have
given other Teſtimonies of their Loyalty, then this Entertainment,
tho poſſibly one of the moſt Splendid, Magnificent and well Managed,
that ever was given to a King of England.
But the prevailing Faction at Weſtminſter, who knew it would be im-
poſſible to carry on their Deſigns againſt the Monarchy, without the
Aſſiſtance of London, the Magazine of Men and Money, never ceaſed to
actuate the Rabble, and inferior Ranks of People, and to Incenſe them
againſt the Loyal and Governing Part, till by Tumults, Outrages and
Violences, they had wreſted the Power wholly out of the Loyal
Hands, and veſted it in ſuch Perſons, as they were aſſured would be ſer-
viceable to their Intereſt and Deſigns, as hereafter in the ſubſequent Re-
lation we ſhall ſee.
And now poſſibly it will be expected, that I ſhould gratify the Rea-
der with an Account of the Tranſactions of that Parliament in Scot-
land, during his Majeſtie's Preſence among them; and if I cannot here-
in Anſwer the Expectation of the Inquiſitive, I have this to plead'in my
own juſtification, that the defect is not occaſioned by my want of In-
duſtry. For during the late aboad of his Royal Highneſs
; the Illuftri-
ous Prince James Duke of Tork in that Country, to whoſe prudent
Conduci, not only Scotland owes ſo much, for its preſent Peace, Eſta-
bliſhment and Tranquility, but even England, is as ſenſible of the good
Effects of his Preſence there, as formerly it has been, of the ill Influ-
ence the Counſels and Actions of that Nation, have had upon the Af-
Vol. II.
Sfff ;
fairs
I
..
9
:
1
1
.
683 An Impartial Collection of all the memorable Events
Novemb. (fairs of this, I writ to my very Worthy Friend Francis Turner Doctor
1 641. in Divinity one of his Royal Highneſſes Chaplains, to procure me an
Authentick Account of thoſe Tranſactions, from the Original Records of
the Parliament of Scotland. Who in Anſwer to my Requeſt, informed
me, how willing he was to oblige the Publick in that particular; but
that all thoſe Records were irrecoverably loſt ; for it ſeems in the time,
when that Scourge of God's Avger, the late Uſurper and Execrable
Regicide Cromwel, made his inroad into Scotland, that he might ſet
all the Marks of Slavery upon a Nation, that had the Misfortune to fall
under the Power of his Sword, he brought along with him, all the
Publick Records of Scotland, and depoſited them in the Tower of
London, and when upon his moſt Gracious Majeſties happy Reſtaurati-
on, the King was pleaſed to command the reſtoring of them to that his
Ancient Kingdom, as a mark of his Favor, and their regained Liberty,
the Ship which was imployed for their Tranſportation, was unfortunate-
ly loft, and Periſhed in her Voyage thither : and though I did not
the leaſt doubt of the Truth of this account, from a Perſon of my Au-
thors Integrity and Honor, yet fo Induſtrious was I, to preſent the
World with ſomething, that might look like an Indeavor, to ſatisfie in
this particular, that hoping, at leaſt, that the Titles of the Acts and
Graces which then paſſed, were not allo Shipwrack’t, I had recourſe to
the Collection of the Scottiſh Laws and Statutes, made by Sir Thomas
Murray of Glendook, and now lately Printed by his Majeſties ſpecial
Warrant ; but to my great diſappointment, from the Parliament hol-
den in the Year 1633 in the Reign of the Royal Martyr, till the year
1661 in the firſt Parliament holden in Scotland, after his Majeſties hap
py Reitauration, I find a Breach and Interruption, and not ſo much as
the Titles of any of thoſe Acts, which paſſed during the time of thoſe
diſmal Revolutions; Providence it ſelf fceming concerned to Eraſe and
obliterate the Records, and Remembrance of the Diſloyalty of that
Generation of Men, that ſo their Actions might not remain upon Re-
cord, as ill Preſidents to Poſterity: and indeed the Loyalty of the pre-
ſent Nobility and Gentry of that Kingdom, has in a great meaſure ex-
piated the Crimes and Errors of their Predeceſſors, as will evidently ap-
pear, both by their late firme adherence to the Intereſts of the Crown,
during the Commotions raiſed by the 'Presbyterian Faction in that
Kingdom in the Year 1678. and by their annulling all the Proceed-
ings of the Conventions, Aſſemblies and Parliaments from the Year 1640
till the Year 1661.
I have met with one Particular however in a little Book, written as
was ſuppoſed by Mr. James Howel, concerning the Tranſactions of thoſe
Times, where he mentions a Law which then paſſed, which was very
remarkable, which he faith, was the reviving of an old Statute to the
ſame Effect, which they cauſed to be Publiſhed throughout the whole
of the Scottiſh Realm of Scotland, by which it was Statute and Ordained, That it
Parliament, mould be deteſtable and damnable Treaſon in the higheſt Degree, for any of
1641. making the Scots Nation conjunčtly, or ſingly, to levy Arms, or any Military For-
ces, upon any Pretext whatſoever, without the King's Royal Commiſion ;
which I alſo find mentioned in the Continuation of Baker, pag. 514.
King's Com-
But it ſeems Presbyterians and Papiſts agree in this particular, That
no Faith is to be kept with Hereticks; for they ſhortly after prov-
ed their own Popes, and abſolved themſelves, and the Nation from
the Obligation of this Law, by raiſing of Men, and joyning with the
Engliſ Rebels, as in due time we ſhall ſee.
It
1
.
H
N
Part of an Ad
levy Forces
without the
11
million,
WP
+
+
H
4
1.
לוי
from the Scotch Rebellion to the King's Murtber. 683
1
sed
In
It is moſt certain, that at this time the King complied, to the ut- 1 Novemb:
moſt, with the Deſires of the Scottiſh Parliament, inſomuch thar they | 16 4.1.
could ſcarce Requeſt fo faſt as he Granted, his Majeſty being reſolved
to put one of his Kingdoms, if poſſible, into a Poſture of Peace and
Quietneſs. Several Honors were likewiſe then Conferred, among the
relt the Marquiſs of Hamilton was created a Duke, and General Leſhly
Earl of Leven, of whom I meet with theſe two remarkable Particulars.
Leſhly was fo tranſported at this extraordinary Bounty and unexpected,
as well as unmerited Honor, that he often proteſted, and once particu.
larly at Perth upon his Knees, in the Houſe of the Earl of Kenoul, that
he would never again bear Arms againſt the King; but he not long at-
ter made the Poet a Prophet verifying the Verſe,
!
Nulla Fides Pietasve viris qui Caſtra fequantur.
1
:
14!
.
And for Duke Hamilton, there having been a pretended Conſpiracy
againſt him and Argyle, which though the Proof amounted to nothing
at all, yet the Information had ſome oblique Reflections upon his Ma-
jeſty, the King who could not conccal his reſentment of this Carriage
10 Hamilton, which he had ſo little merited from him, when he delive-
red him his Patent of Duke, in Parliament, according to the Cuſtom of
that Nation, he told him, that he had not deſerved to be diſtruſted by
him, who could not but remember, that when he was accuſed to him of
High Treaſon, yet he permitted him even then to lye in his Bed-Cham-
ber; this made Hamilton ourwardly appear much troubled, for having
given the King ſo juſt occaſion of Diſpleaſure ; but his great Intereſt in
the Faction, formerly mentioned out of the Earl of Mancheſter's Me-
moires, notwithſtanding all that hath been ſaid by an able Pen, in vin-
dication of him, ſeems not able to guard his Innocence, from the com-
mon Fame which went of him, that he betrayed the greateſt Secrets of
the King to the Junto, which managed the two Houles of Parliament,
and that by the opportunity of being of the Bed-Chamber, he took the
Letters out of the King's Pockets, and from them gave Informations of
ſeveral things to the Party, much to the diſadvantage of the King's Af
fairs.
There is another thing which I cannot omit, which is a Letter of His
Majeſties to Mr. Nicholas Clerk of the Council
, from Edinburgh, which
I found in the Paper Office, which was as follows:
II
Hear it is reported, That at my Return, I intend to alter the Govern- The King's
ment of the Church of England, and to bring it to that Form as it is Letter to Mr
bere. Therefore I Command you, To aſare all my Servants, that I will of the Councils
be conſtant to the Diſcipline and Doétrine of the Church of England, Eſta- of his Reſolu-
bliſhed by Queen Elizabeth, and my Father and that I reſolve by the Grace rain the
of God to die in the maintenance of it.
Church of
Englando
1
Edinburgh, Oct. 18. 1641.
Charles R.
Having made this little Holiday with the ſhort gleam of Sun-fhine in
His Majeſties Affairs, we muſt now return to the old Trade again of dig.
ing the Quarries of Rebellion.
The King having ſent for the Lord Keeper, the Houſe gave him leave Friday,
to Novemb.26.
N
1
។
.
+
Commiſſion of
Cap. General
on the South-
Parliament,
684 An Impartial Colle&tion of all the memorable Events
Novemb. | to attend upon his Majeſty, and appointed the Lord Chief Juſtice of the
1.641. Common Pleas to be Speaker of their Houſe till he returned.
Upon his return he informed the Houſe, That his Majeſty had Coma
manded him to let their Lordſhips know, That whereas he intended this
day to have come to this Houſe, his Majeſty is diverted upon ſome impor-
tant buſineſs at this time, and withal he is very koarſe with a Cold, but his
Majeſty intends very ſhortly to come to this Houſe.
E. of Elex de
The Lord Chamberlain ſignified to this Houſe, That the K'ing being re-
livers up his turned home, his Lordſhip bath delivered up his Commiſſion of Captain
General of the South Parts of this Kingdom, into his Majeſties Hands, so
that his Lordſhip cannot now take any Order, for the Guarding of the Par-
ſide of Trent. liament, as was ordered by the Parliament ; therefore he deſired their
Lordſhips to conſider, of what Courſe is fit to be taken herein, he having
now no Power to obey their Coinmands. Hercupon, it was Reſolved to
communicate the matter to the Houſe of Commons at a Conference,
which was done accordingly.
A Meſage
The Lord Keeper declared, That he had received a Command from the
froin the King
concerning King, that the Houſes ſhould be made acquainted, That His Majeſty hear-
Guards of the ing that the Parliament have appointed Guards for ſecuring the Hoafes, he
preſumes they did it upon fome Reaſons ; but his Majeſty nct knowing any
Reaſons, It is his Majeſties Pleaſure, That the ſaid Guards be diſolved:
for now his Majeſty hopes, that his Preſence will be a Protection to the
Parliament. But if there be Occaſion, and his Majeſty fees Reaſons for it,
he will be very forward to take Care there be ſufficient Guards to ſecure
the Parliament. Which was alſo ordered to be added to the Conference
which was to be with the Commons.
In the Commons Journal there is the ſame Meſſage with this addi-
tion, That if need be to have a Guard hereafter his Majeſty will be as glad
to have a Guard as any other.
A Meſſage was alſo ſent by George Goring Efq; To let their Lordſhips
know, That the Houſe of Commons deſire their Lordſhips would be pleajed
to fend ſome few Lords to Petition his Majeſty in the name of both Houſes,
That the Guards may be continued ſtill, and they will within a few dayes
bring up ſome Reaſons to ſatisfie his Majeſty for the ſame.
For the debating of this
, the Houſe was adjourned into a Committee
during pleaſure; and the Houſe being Reſumed, it was put to the Que-
ſtion, Whether this Queſtion ſhould be put, viz. Whether this Houſe Jhall
joyn with the Houſe of Commons, to Petition the King that the Guards
may be continued for ſome few dayes, within which time there
may be ſome
Reaſons given for the further continuance of them. And it was Reſolved
upon by the major part in the Negative.
Then the Houſe agreed, That the Meſage brought from the Houſe of
Commons ſhould be the Queſtion, and be pui in Terminis,as it came up from
them; and the Lord Keeper was appointed to write as near as he could
remember, the very Words of the Meſſage ; which his Lordſhip having
read, the Houſe did conceive ſome words were Dubious ; for the ſatisfy-
ing whereof, the Meſſengers of the Houſe of Commons were called in,
and the Lord Keeper ſitting in his place upon the Woolfack, told them,
That there was ſome doubt of ſome Words in the Melage, which the House
defired to be ſatisfied in; and then the Lord Keeper going down to the
Barr, as Uſually he docs when he receives Meſſages, the Meſſengers of
the Houſe of Commons repeated their Meſſage again, and the L. Keeper
being returned to his place as Speaker, reported the faid Meſſage in
theſe
/
ܪ
|
.
i
1
+
2
}
1
09
2
LT
1
។
from the Scotch Rebellion to the King's Mürther, 685
theſe Words, viz. That the Houſe of Commons defired that their Lord- Novem..
ſhips.would ſend ſome Lords to the King in the Names of both Houſes, To 164 1:
beſeech his Majeſty to continue the Guards, till they may ſatisfie his Mas
jeſty of the Reaſons whiy they conceive it neceſſary to have a Guard; which
they intend to do within a few dayes.
And then it was Reſolved upon the Queſtion by the Major part, That
this Houſe doth joyn with the Houſe of Commons in their deſire. And the
Earl of Warwick and the Lord Digby were Ordered to attend his Majeſty
to move him in it, according to the Meſſage.
Saturday,
The Lord Kimbolton Reported from the Committee for Iriſh Affairs, Novemb.27.
a Paper containing the Reaſons of the Aſſiſtants to the Committee, for Reaſons againſt
ſingle Troops
the Forming the Troops of Cavalry into Regiments under Colonels and
for forming
Sergeant Majors.
theCavalry in-
to Regiments.
(1.) By reaſon of the continual Debate that would otherwiſe ariſe among
the Officers, and their want of Obedience of one to another.
(2.) For the more Speedy way as well in ißuing as receiving the Orders,
for the better Executing of any Commands whatſoever:
(3.) For the Exact Government and Ordering of the Troops as well upor
Service, as at other times.
(4.) For the letter Encouragement of Wortliy Men to undertake the
Service in hope of Advancement, and that at this very Inſtant Men of,
Merit that have had better Commands, would be unwilling to ſerve in a
more Inferior Condition than they have already.
(5.) Though it be ſaid, That in Ireland, Regiments will ſeldom come to
fight in a Body, yet it may fall out otherwiſe, and then the inconvenience
might prove of greater Conſequence then the Charge.
(6.) In Holland, whileft their Troops were all ſingle, yet for the time
they were to render Service in tbe Field, they formed Regiments of them,
which had their Colonels and Majors appointed for that time, which
though they had no certain Pay by thoſe Places, Tet they had other Adı
vantages, by Governments, Commanderies,Companies of Foot, Quarters and
Juch like things to better their Condition ;. and at laſt the Prince of Orange
found it more convenient to fetile the ſaid Commands to Colonels and Mas
jors, although it were to the greater Charge of the State.
( 7.) Finally, The General Practice of all Nations, as the Germans,
Swedes, French,&c. which have tryed all manner of ivayes, have for grea.
ter conveniency certainly formed their Cavalry into Regiments, and most
of them alſo allow a Lieutenant Colonel to every Regiment.
The Earl of Warwick and the Lord Digby Reported to the Houſe the
King's Anſwer touching the Petition of both Houſes for continuing the
Guards. Viz.
.
}
I
The King's
Did Command the Gxards to be diſmiſſed, becauſe I knew no Cauſe the
Parliament had of Fears; but I perceived the Moleſtation that the Anſwer con
keeping of them would bring upon theſe Subjects of mine which were to cerning thić
perform that Service ; beſides the General. Apprehenſions and Fealouſies
which thereby might diſquiet all My People: and I do Expect that when
the Parliament
, all de fire of Me any thing like this Extraordinary, and
that
1
1
:
+
4
686 An Impartial Collection of all the memorable Events
Novemb. ( that which appears of ill conſequence, that they will give me ſuch particu-
1 641. lar Reaſons as may ſatisfie My Judgment, if they expect I ſhould grant
their. Defire. Tet I am so tender of the Parliaments Safety, to re-
cure them not only from real, but even imaginary Dangers, That I will
Command my Lord of Dorſet, to appoint ſome of the Train-Bands, only
for a few dayes to wait on both Houſes, in which time, if I ſhall be ſatis-
fied that there is Just Reaſon, I will continue them, and likewiſe take ſuch
a Courſe for the Safety of My Own Perſon as ſhall be fit, of which I doubt
not but that they have as Tender'a Care as of their own.
--
1
+
.
Lords:
1
.
It was then Ordered, That this Anſwer ſhall be communicated to the
Houſe of Commons at a Conference.
Private Bufi An Order was this day made to put off all private buſineſs till the firſt
nels fet alide day of Hillary Term, and to be Printed and Publified to prevent the
the Houſe of Charge and Trouble which otherwiſe Petitioners who have cauſes de-
pending, might be put to, in attending the Houſe of Lords.
Monday,
Novemb.29.
This day William Shelden Eſquire, and Edward Shelden his Brother,
The two Shela who had been taken up by virtue of an Order of the 27th of Novemb.
dens acquitted upon fufpition about Beal's Information of the 108 men who were to
of Beal's Plot. Kill the Parliament-Men, appearing before the Lords, and nothing of
Complaint being againſt them; It was thought fit and ſo Ordered, That
they ſhould be forthwith diſcharged of any further attendance, and be freed
from any further Reſtraint.
Then a Letter was read, written to the Lord Chamberlain from the
Earl of St. Albans, dated the 14th of November; 1641. from Ireland, the
Principal Contents whereof were theſe :
Letter from the
Hat the Town of Gallaway in Ireland is well Fortified, and in com-
mand of Mr. Willoughby. That the Province wherein his Lordſhip
lives doth utterly miſlike the proceedings of the Rebels ; That the
County of Mayo is quiet: That 2000 Rebels are out in Levain, but 4 Towns
Jļand-out. That it is a thing of Conſequence, that Brian O Rourk here in
England, ſhould be ſecured, as conceiving him to be a dangerous perfon, in
this time of Rebellion in Ireland, if he ſhould Eſcape. That the whole
Province of Munſter is yet quiet. And lastly, his Lordſhip. ended with a
Proteſtation of his Faith and Loyalty to the Crown of England, while he
lives, and will dye in the ſame, and will imploy all his Strength and En-
deavours to aſſist the King for the Suppreſion of the Rebels. Whereupon
the Lord Chamberlain was Ordered to return him the Thanks of the
Houſe, and the Letter to be communicated to the Houſe of Com-
E. of St. Albans
in Ireland,
TE
1
I
1
mons.
1
The Bill for ſecuring Recufants with amendments, as alſo the Order
for ſecuring to the City the two fifty thouſand pounds, were carried up
to the Lords.
In the Houſe of Commons they were very buſie upon a new Bill for
Tonnage and Poundage ; for the Reader is to take notice, that the Bills
before mentioned, were but from two Months to two Months.
It was alſo Voted, That the Lords ſhould be deſired to move the
King, that the Earl of Salisbury may be Lord Treaſurer, and the Earl of
Pembroke, Lord High Steward of His Majeſties Houſhold.
The Amendments and Alterations in the Bill concerning the ſecuring
of Popiſh Recuſants, were this day read, and it was in the Debate ta-
ken
VIII
:
:'
i
Tueſday,
Novemb.30.
11
:
***
1
+
1
11
t
1
;
I
1
ſed the Lords.
T
Ireland.
from the Scotch Rebellion to the King's Murther. 68
ken into conſideration, whether the firſt Clauſe ſhould ſtand, which Novembe
was, That the Perſons of Recuſant's ſhould be reſtrained, as the Lords in
1 6.41.
Parliament ſhould think fit: or whether it ſhould be altered according
as the Houſe of Commons defired, which was, That the Lords ſhould
have power to diſpoſe of the Perſons of Lords, and the Commons of com-
moners : And in concluſion it was agreed upon, That for the alterations
of the Names of the Perſons in the Bill, and the places of Dwellings, and,
the Alterations of time, this Houſe agrees and conſents. to, but for the
reſt the Houſe adheres to the former Clauſe in the Bill
.
The Bill for Tonnage and Poundage brought up from the Commons Bill for Tona
by Mr. Solliciter, was read three times Succeſſively, and upon the Que- Poundage par-
ſtion it was Reſolved to paſs as a Law, Nemine Contradicente.
The Order for ſecuring the Mony borrowed of the City was likewiſe
read, and aſſented to ; which was as follows.
The Order for
He Lords and Commons in this preſent Parliament Alſembled, ha-
ſecuring the
ving' à due regard to the good Affections of the City of London, ex- Money bor-
preſed upon Sundry Occafions, 19 the advancing and lending of great Sums rowed of the
of Money, for the ſervice of this commoji-wealth ; and particularly the Northern ex-
Sum of 50000 1. for fapplying the preſent Affairs in Ireland, all which pedition, and
the ſaid Lards and Commons do take in very good part, and being reſol-
ved to wake a full and juſt ſatisfaction for the same, do bereby declare,
That this faid Sum of 50000 l. lent for the Iriſh Affairs, and the Sum
of 50000 l. more; lent by the ſaid City unto the peers attending His
Majeſty in the Northern Parts before the beginning of this preſent Par-
liament, quel ſuch other Sums lent by the said City into this Parliament,
which are hat yet paid, or otherwiſe fecurèd, shall be fully ſatisfied and
repaid unta the Said City of London, ivith Intereſt, after the rate of 8 l.
per cent, for a Lear, out of ſuch Moneys as are or ſhall be raiſed by Au-
thority of Parliament,'; and for that purpoſe will Exhibit . Bill, and
become Jumble Suiters to His Majeſty, that the fame may be paſſed with
all Expedition. Prouided always, that this preſent Declaration ſhall
not be in any wiſe prejudicial to any Members of the ſaid Houſe of Com-
mons, who have formerly lent any Sums af Money to this Parliament, nor
to the Northern Counties, nor to any perſons whatſoever, to whom the
Houſes of Parliament, or the Houſe of Commons have formerly Ordered
the Payment of any Sums of Mony; nor to any ſecurity given to them be-
fore the making of this Declaration.
Mr. Pym preſents from the Committee the Reaſons of both Houſes of The Commons
Parliament, for the continuance of a Guard, viz.
(1.) The great numbers of diſorderly
, Suspicious, and deſperate Per-
Sons, eſpecially of the Iriſh Nation lurking.in obſcure Allies and Vitual
ling Houſes in the Suburbs, and other places near London and Weſt-
minſter,
(2.) The Jealouſie conceived upon the diſcovery of the Deſign in Scot-
land, for the
ſurpriſing of the Perſons of divers of the Nobility, Members
of the Parliament there, which had been ſpoken of here, some few days be-
fore it brake out, not without ſome whiſpering intimation, that the like
was intended againſt divers Perſons of both. Houſes,which found more Cre
dit by reafon of the former attempts af. bringing up the Army to diſturb
and inforce this Parliament.
Vol. II.
Tttt
t
Reaſons for
the Continu-
ance ofGuards.
(3.) The
>
1
1
+
r
+
1
1
w
688 An Impartial Collection of all the memorable Events
Novemb. (3.) The Conſpiracy in Ireland managed with ſo much ſecreſië, that but
16 41. 'for the happy diſcovery at Dublin, it had been Executed in all parts of
the Kingdom, upon one and the ſame day, or ſoon after, and that ſome of
the chief Conſpirators did profeſs, that the like courſe was intended in
England and Scotland, which being found in ſome degree true in Scot-
land, ſeemed the more probable likewiſe to be done in England.
(4.) Divers Advertiſements from beyond the Seas, which came over
about the ſame Time,that there would be a great alteration in Religion in
England in a few days, and that the necks of both the Parliaments
ſhould
be broken.
(5.) Divers Examinations of dangerous Speeches, of ſome of the Popiſh
and diſcontented party in this Kingdon.
(6.) The ſecret Meetings and Conſultations of the Papiſts in ſeveral
Paris, their frequent Devotions for the proſperity of ſome great Deſign
in hand.
Theſe ſeveral Conſiderations do move the Parliament to deſire a Guard,
under the Command of the Earl of Eſſexo and they do conceive, there
is juſt Cauſe to apprehend that there is ſome wicked and miſchievous
practice to interrupt the peaceable proceedings of the Parliament ſtill in
hand : for preventing whereof, it is fit the Guards ſhould be ſtill conti-
nued under the ſame Command, or ſuch other as they ſhould chufe. But
to have it under the Command of any other, not choſen by themſelves, they
can by no means conſent to, and will rather run anỳ hazard then admit of
a Precedent fo dangerous both to this, and to future Parliaments.
And they humbly leave it to His Majeſty to conſider, whether it will
not be fit to ſuffer bis High Court of Parliament to enjoy that Privia
ledge of providing for their own ſafety, which was never denied. other
inferior Courts : And that he will be pleaſed graciouſly to believe, thai
they cannot think themſelves ſafe under any Guard, of which they shall
not be aſſured, that it will be as faithful in defending His Majeſties
Safety as their own, whereof they ſhall always be more careful then of their
1
1
QiVn.
C
-
.
Among all theſe Reaſons, here is not one word of Beal the Taylors
Diſcovery of the 108: Men, which for 40 s. apiece were to do ſuch
ſtrange things; it fcems by this time they found it an incredible Story,
and it is very probable, that if the other grounds of their fears did not
proceed from their own Quiver, yet if they had Examined them they
would have found them as frivolous as that, or the Scotch Deſign againſt
Hamilton and Arguile ; which upon the ſtricteſt Scrutiny would not
afford more proof then to make a noiſe about the Streets of Plots againſt
the Parliament, the better to incite the unruly Multitude to Tumults
and Inſurrections, which they now began to raiſe again, to cry out
No Biſhops, and with unheard of Inſolence to affront His Majeſty, and
whoever was Loyal."
But the King, having Ordered them a Guard of the Trained Bands,
they were ſo diſpleaſed, not at the thing, for they had made uſe of
them before, but ar His Majeſties appointing them; that it was Order-
ed in the Houſe of Commons, That the Guard ſhould be diſmiſed;
and without giving His Majeſty an Account, or preſenting him with
the Reaſons above recited, the very fame day, Mr. Glyn and Mr. Whee-
ler were Ordered to require the High Conſtable of Weſtminſter, to
provide a ſtrong and ſufficient Watch in their ſtead.
But
)
hr
w
포
​141
1
41 41
:וור
H
F
17
1 641.
1
to clear the
!
.
tee who were
from the Scotch Rebellion to the King's Murtbër. 689
But to make a little flouriſh of Loyalty, and tenderneſs for the King's | Novemb.
Honour and Reputation, it was this day Ordered, That a Declaration
be drawn for clearing His Majeſties honour from falſe Reports caſt upon a
him by the Rebels in Ireland, and a Proviſion to be made, that there Order for a
may be no Concluſion of that War to the prejudice of this Kingdom.
There might be malice even in this ſeeming kindneſs, for whilſt Kings Hanor
they pretended to vindicate His Majeſties Honour, they divulged the dals of the
Scandal to tlie whole Nation; and by their ſubſequent Actions and De-Iriſh. Rebels.
clarations, which within a little while after they publiſhed to improve
the belief of that Scandal, one would think they intended to prepare
the way for it by this plauſible pretence of a Vindication.
And moſt certainly they could intend him no real Reparation, when
themſelves were this Day reſolved to defame his Government, from the
very beginning of his Reign, by that Scandalous Remonſtrance of the
State of the Kingdom ; for this very Day Mr. Pym, Sir Symon D'Ewes, The Names of
Sir Arthur Ingram, Sir Folon Thyn, Sir Henry Bellafis, Lord Gray, Sir the Commit-
Chriſtopher Wray, Lord Fairfax, Sir Ralph Hopton, Sir Richard Winn,
rappointed to
Sir John Corbet, Sir Edward Deering and Sir Arthur Haſlerig, were Or- deliver the
dered to wait upon his Majeſty, what time he appoints, with the Pe- Remonftrance.
tition and Declaration: and indeed all their actions ſeemed to carry
Fire in one Hand and Water in the other ; for the ſame Committee was
appointed to draw up the Petition, together with ſome Reaſons which
neceſſitated the Houſe make this Declaration, were at the ſame time
ordered to frame a Congratulation for his Majeſties ſafe return from
Scotland.
And that the Reader may perceive the true Reaſon, why they made
uſe of this Fucus of pretended Loyalty to paint over their Deſigns, and
that the Remonſtrance was very early projected by the Faction, even
in the beginning of the Parliament, I muſt once more preſent him
with a Paſſage out of the Memoires of the late Earl of Mancheſter.
“ The Grievances of the Kingdom; having been fully enumerated
and declared, ſome of the Members of both: Houſeshad private
" Meetings and Conſultations how to direct their Parliamentary Re-
“ ſolutions, in order to preſent Redreſs and future , Security : and it
was conceived by them to be the moſt certain Way, and moſt conſi-
" ſtent with the Duty and Allegiance of Subjects, to fix their Com-
plaints and Accuſations upon evil Counſellors, as the immediate A;
&tors, in the Tragical Miſeries of the Kingdom, rather then upon the
perſonal Failings, and Mal-adminiſtrations in the King; Therefore it
" was reſolved, That the Houſe of Commons, as the Grand Inquest of the
Kingdom, ſhould draw up ſuch a Remonſtrance, as might be a faithful and
“ lively
, Repreſentation to his Majeſty, of the deplorable
. Éſtate of his
Kingdom, and might point out unto him, thoſe that ivere most Obnoxious
" and Liable to Cenſure ; :owning ſtill ſuch a due regard to his Royal Autho-
rity, as not to mention his Name but with Honor; and in the deepest
Senſe of their former Grievances, to render him Thanks for the calling
“ this Parliament, as the happy. Omen to their preſent Hopes of future Re-
dreſs and Eſtabliſhment.
By which fort paſſage, one may plainly ſee the Method by which
they conducted themſelves, which was to preface their moſt ſcanda-
lous Declarations, and moſt uņreaſonable Demands, with the fair Expref-
ſions of Loyalty, Duty, Allegiance and Honor to his Majeſties Perſon,
VOL. II.
Tttt.2
and
1
+
I
.
Exeter's Re-
port about
1
1
690 An Impartial Collection of all the memorable Events
Decem and that all their Animoſities, were only againſt the Evil Counſel lor
1 6:41. who Adminiſtred the Publick Affairs, but for the King, they had no
other Intentions, then to render him Great and Glorious, and to eſtablish
the Throne to him and his Poſterity.
Wednefday,
But to proceed in the Parliamentary Tranſactions, this Day the Bi-
Decemb. 1. ſhop of Exon reported to the Lords Houſe, That the Conimittee former-
Biſliop of ly appointed by their Howſe, have perufed thoſe Books, which were ſeized
on coming from beyond the Seas, and others printed in England, and put
Books former- inta the Hands of the Regiſter of the High Commiſſion Court, and the Com-
ly ſeized by mittee finds them to be of three ſeveral forts.
the High
Commiſſion.
1) Sacli as are fit to be delivered to the Owners, and to be fold
by the Stationers as good and vendible Books, viz.
The Holy Table, Name and Thing.
Mr. Walker's Treaty of the Sabbath.
A French Commentary on the Revelations,
Dr. Burgeſs his Rejoynder for Ceremonies.
Some old. Books of Controverſies.
A Second fort of Books, which the Committee thinks fit to be ſold to
choice Perſons, as
Caufin's 4th Tome of Holy Court in fol. of which there are 370.
Thomas de Kempis of the following of Chriſt, of which there are 100 in
Decimo Sexto.
The Life of Sir Thomas Moor.
A Third ſort of Superſtitious Tablets and Books, which are fit to te
Burnt, as
Miſals, Primers and Offices of our Lady, &c.
Hereupon it. was Ordered by this Houſe, That the firſt fort of Books
are approved of by this Houſe, and are to be delivered to the Owners, and
concerning to le fold by the Stationers, and that the ſecond fort be delivered over to
Sorma colheppich Safe Hands, to be ſold to Noblemen, Gentlemen and Schollars, but not to
Women; and lastly, That the third ſort, be burned by the Sheriff's of Lon
dan in Smithfield forthwith.
Sir Henry Bed Sir Henry Beddingfield who was formerly ſent for by Order of the
dingfield of
Lords, was brought iſ, and the Information of William Shales was read
Norfolk
his Examina- unto him ; which being done, Sir Henry Beddingfield deſired he might
anſwer particularly to the Charge. But there being ſeveral Opinions
in the Houſe lierein, he was commanded to withdraw, and the Houſe
took it into conſideration and Refolved he ſhould be asked Generals be-
fore. Particulars. Sir Henry was called in again, and the Speaker by Di-
rections of the Houſe asked him theſe Queſtions;
1.) Whether he knowes one William Shales ?
12.) Whether he was with him in his Garden at the time mentioned in
khe Information, and who elſe was with him ?
(3.) What Diſcourſe he had with Shales ?
(4.) How long he had known Shales ?
Sir
The Order of
the Lords
Books.
!1
1
tion.
.
:1
-!
III
W PH
1
Somos
3
.
!
1
T!
+
from the Scotch Rebellion to tbe King's Märther 691
Decemb.
Sir Henry Bedding field's Anſwer was,
1 641.
(1.) That he knowės William Shales, for he was formerly his Faulk-
ner.
(2.) That Shales was with him in his Garden in April laſt, and Poole
with them
(3.) That their Diſcourſe was, Where the beſt place for Hawking was
in Ireland, and no other diſcourſe.
It was then deſired, That Sir Henry Beddingfield might be asked,
Whether that Poole be a Prieſt . And it was objected, That thereby lie
might accufe himſelf; but he being not upon Oath, was asked the Que-
ſtion, and he Anſwered, That Poole was no Prieſt.
After this Poole was Examined upon Oath, What he knowes concern-
ing the Information of William Shales?
He anſwered, That he was preſent at the Diſcourſe between Sir Henry
Beddingfield and the ſaid Shales, and he rememiredthey diſcourſed in
the Garden of Hawking, and what kind of Country Ireland was for Hawking,
and about taking of a Houſe at Kilkenny, and that Shales ſaid, All things
were quiet in Ireland: but denied be heard or knowes any more.
The Houſe taking the whole buſineſs into Conſideration, and finding
no ſufficient matter to proceed againſt Sir Henry Beddingfield; Or-
dered, That he be releaſed from his preſent reſtraint, and dujmiſſed from Sir H, Bedaing-
field acquitted.
any further attendance upon
this Houſe for any thing concerning this Buſi-
neſ : And laſtly, that his Study Mall be Unſealed and opened, as it was
before any Order of this Houſe ſerved upon him.
The Lord Keeper Reported a Conference this day had with the Com A Conference
concerning the
mons, concerning the Impeached Biſhops, and Phillips the Prieſt:
Impeached
Biſhops, and
That the Houſe of Commons have received the Plea and Demurrer of 12 Phillips thie
of the 13 Biſhops that are impeached for making the Book of Canons, &c. Prieſt
:
contrary to Lai, and that one of them pleads Not Guilty, the other iz
neither confeſſed nor denyed the Charge : The Houſe of Commons are ready
to make it good by proof
, and do deſire a ſhort day to be prefixed for that
Purpoſe.
Concerning Phillips the Prieſt, the Houſe of Commons Say; That they
underſtand their Lordſhips have received ſatisfaction from him, for the
Contempt done to their Houſe : That the general buſineſ of the Kingdom
hindered the preparing of Articles againſt him ; but they ſhall be ready
in convenient time to give him a Charge. And in regard they hear he
is not well
, they are contented he ſhall be removed to * Denmark Houſe, Set-Howe.
* Now Somera
he putting in Caution not to go to Court, and to appear when he ſhall be
required.
Hereupon it was Ordered, That Phillips ſhall upon theſe Cautions,
finding Sureties, be releaſed from his impriſonment in the Tower.
It was alſo Ordered, That the Lords the Biſhops that are Impeached,
Shall be heard by their Council on Friday next at the Bar what they can
Say, why this Motion ſhould not be granted.
But the Faction of the Commons were reſolved, as before they had Tumutcs.
done in the Caſe of the Earl of Strafford, to obtain that by the Force
of Tumults, that they could not obtain by Law or Reaſon. The Lords
however were ſo ſenſible of this affront put upon the Freedom of the
Parliament,
+
---
1
>
.
.
692 Ar Impartial Collection of all the memorable Events
December, Parliament, that it was Ordered, That all the Judges do conſult among
1 641. themſelves, what Courſe is fit to be taken to prevent Riots, Routs; and
unlawful Allemblies; and having conſidered of the Laws and Statutes in
this caſe, to preſent their opinions to the Houſe to morroiv Morning ; and
in the mean time to have a Conference with the Commons concerning the
Tumults.
In the Commons Houſe Serjeant Wild Reports the Conference, That
the Lord Keeper told the Committee, That their Lordſhips had received
Information of great numbers of People gathered together in a Tumultu.
ouis, Unuſual, and Diſorderly manner about the Houſes of Parliament ;
and therefore deſired the Commons Houſe to joyn with them in a Decla:
ration to remove them, and that for theſe Two Reaſons. Firſt, If theſe
diſorders ſhould continue, they might render the good Acts and Proviſions
of this Parliament of fufpicion to Poſterity, by the interpretation of ill
Miniſters. Secondly, Becauſe it did not ſtand with the Dignity of Para
liament to ſuffer ſuch Tumults to be so near the Houſes of Parlia-
meni.
The Houſe being informed, That Phillips had a Trunk brought to
him to the Tower by Two Capuchins, it was Ordered, That the Lieu-
tenant of the Tower, and Sir William Parkhurſt Mall ſearch his Trunk,
and if there be any Papers that concern the State, to ſecure them, till the
pleaſare of this Houſe be known.
The Committee formerly named to wait upon the King with the
Petition and Declaration, were Ordered to go forthwith to preſent
them to the King: Sir Edward Deering to read it to His Majeſty, and
in his abſence Sir Ralph Hopton to read it : If he be abſent, the Com-
mittee to appoint the Perſon that ſhall read it. Accordingly the Com-
mittee went this day, and attended His Majeſty with the ſaid Petition
and Remonftrance; which, as I find it Printed in Husband's Collections,
was in theſe words.
and Declarari.
The Petition of the Houſe of Commons, which Accompanied the
Declaration of the State of the Kingdom.
Most Gracious Soveraign,
The Petition
YO
Our Majeſties Moſt Humble and Faithful Subjects the Commons in this
pre-
fent Parliament Aſſembled, do with much thankfulneſs and joy, acknow-
on of clic Stare
of the King- ledge the great Mercy and Favour of God in giving your Majeſty a ſafe and
dom, deliver. peaceable return out of Scotland, into your Kingdom of England, where the
ed by theCom- preſling dangers and diſtempers of the State have cauſed us with much ear-
mions to the Inieſtnels to deſire the comfort of your Gracious Preſence, and likewiſe the
King at Humpo Unity and Juſtice of your Royal Authority to give more Life and Power to
Courr
Dec.i. 1641.
the Dutiful and Loyal Counſels, and endeavours of your Parliament, for the
prevention of that imminent ruine and deſtruction wherewith yourKingdoms of
England and Scoil and are threatned. The Duty which we ow to your Majeſty
and our Country, cannot but make us very ſenſible and apprehenſive, that the
multiplicity, ſharpneſs and malignity of thoſe Evils under which we have now
many years ſuffered, are fomented and cheriſhed by a corrupt and ill-affected
Party, who amongſt other their miſchievous devices for the alteration of Re-
ligion and Government, have ſought by many falfe ſcandals and imputations
cunningly inſinuated, and diſperſed amongſt the People, to blemiſh and dif-
grace our Proceedings in this Parliament, and to get themſelves a Party and
Faction amongſt your Subjects, for the better ſtrengthening of themſelves in
their wicked courſes, and hindring thoſe Proviſions, and Remedies which
might
}
+
1
"
.
1
!
!
1
1.6.4.1
1
1
+
from the Scotch Rebellion to the King's Murtber. 693
might by the wiſdom of your Majeſty, and Council of your Parliament be op-1 Decemb. .
poſed againſt them.
For preventing whereof, and the better Information of your Majeſty, your
,
Peers, and all other your Loyal Subjects, we have been neceſſitated to make a
Declaration of the State of the Kingdom, both before and ſince the Aſſembly
of this Parliament unto this time, which we do humbly preſent to your Maje-
ſty without the leaſt intention to lay any blemiſh upon your Royal Perſon, but
only to repreſent how your Royal Authority and Truſt have been abuſed, to
the great prejudice and danger of your Majeſty, and of all your good Şubjects.
And becauſe we have reaſon to believe that thoſe Malignant Parties, whoſe
Proceedings evidently appear to be, mainly for the advantage and encreaſe of
Popery, is compoſed, ſet up, and acted by the ſubtile practice of the Jeſuits,and
other Engineers and Factors for Rome, and to the great danger of this King-
dom, and moſt grievous affliction of your Loyal Subjects, have ſo far prevailed,
as to corrupt divers of your Biſhops, and others in prime places of the Church
and alſo to bring divers of theſe Inſtruments to be of your Privy-Council; and
other employments of truſt and nearneſs about your Majeſty, the Prince, aría
the reſt of your Royal Children.
And by this means hath had ſuch an Operation in your Council, and the
moſt Important Affairs and Proceedings of your Government, that a moſt dan-
gerous diviſion and chargeable Preparation for War betwixt your Kingdoms of
England and Scotland, the encreaſe of jealouſies betwixt your Majeſty and your
molt Obedient Subjects, the violent diſtraction and interruption of this Parlia-
ment, the Inſurrection of the Papiſts in your Kingdom of Ireland, and bloody
Mallacre of your people, have been not only endeavoured and attempted, but in
a great meaſure compalled and effected.
For preventing
the final accompliſhment whereof, your poor Subjects are on-
forced to engage their perſons and Eſtates to the maintaining of a very expence-
ful and dangerous War, notwithſtanding they have already ſince the beginning
of this Parliament undergone the Charge of 150000 Pounds Sterling or there-
abouts. For the neceſſary ſupport and ſupply of your Majeſty in theſe preſent
and perillous Deſigns. And becauſe all our moſt faithful endeavours, and en-
gagements will be ineffectual for the Peace, Safety, and Preſervation of your
Majeſty and your People, if ſome preſent, real and effectual courſe be not taken
for ſuppreſſing this wicked and malignant Party.
We Your Moſt Humble and Obedient Subjects do with all faithfulneſs and
humility beſeech your Majeſty,
"Hat you will be graciouſly pleaſed to concur with the humble deſires
of
your People in a Parliamentary way, for the preſerving the
Peace and Safety of the Kingdom from the malicious Deſigns of the
Popiſh Party.
For depriving the Biſhops of their Votes in Parliament, and abridging their
immoderate Power Uſurped over the Clergy, and other your good Subjects,
which they have moſt perniciouſly abuſed to the hazard of Religion, and great
prejudice and oppreſſion of the Laws of the Kingdom, and juſt Liberty of your
People.
For the taking away ſuch oppreſſions in Religion, Church-Government, and
Diſcipline, as have been brought in and fomented by them.
For Uniting all ſuch your Loyal Subjects together, as joyn in the ſame funda-
mental truths againſt the Papiſts, by removing ſome oppreſſions and unneceſſa-
ry Ceremonies, by which divers weak Conſciences have been ſcrupled, and
ſeem to be divided from the reſt, for the due Execution of thoſe good Laws
which have been made for ſecuring the Liberty of your Subjects.
2. That your Majeſty will likewiſe be pleaſed to remove from your Council
all ſuch as perſiſt to favour, and promote any of thoſe Preſlures and corruptions
wherewith your People have been grieved, and that for the future your Maje-
lty will vouchſafe to employ fuch Perſons in your great and publick Affairs,
and
to take ſuch to be near you in places of Truſt as your Parliament may have cauſe
to confide in, that in your Princely Goodneſs to your People, you will reject
and refuſe all mediation and ſolicitation to the contrary, how powerful and
3. That
+
1
.
1.
T
1
H.
2
.
near ſoever.
#
694 An Impartial Colle&tion of all the memorable Events
Decemb. 3. That you will be pleaſed to forbear to alienate any of the forfeited and
1 641.
eſcheated Lands in Ireland which ſhall accrue to your Crown, by reaſon of this
Rebellion, that out of them the Crown may be the better ſupported, and ſome
ſatisfaction made to your Subjects of this Kingdom, for the great expences
they are like to undergo this War.
Which humble deſires of ours being graciouſly fulfilled by your Majeſty,
we will by the bleſſing and favour of God moſt cheerfully undergo the hazard
and expences of this War and apply our ſelves to ſuch other courſes and coun-
cils as may ſupport your Royal Eſtate with Honour and Plenty at home, with
Power and Reputation abroad, and by our Loyal Affections, Obedience, and Ser-
vice, lay a ſure and laſting Foundation of the greatneſs and proſperity of your
Majeſty; and your Royal Poſterity in future times.
+
+
T.
+
:
A Remonſtrance of the State of the Kingdom.
HE Commons in this preſent Parliament Aſlömbled, having with much
earneſtneſs, and faithfulneſs of affection and zeal to the publick good of
this Kingdom, and his Majeſties Honour and Service, for the ſpace of Twelve
Months, wraſtled with the great dangers and fears, the preſſing miſeries and
calamities,the various diſtempers and diſorders, which had not only aſſaulted, but
even over-whelmed and extinguiſht the Liberty, Peace, and Proſperity of this
Kingdom, the comfort and hopes of all his Majeſties good Subjects, and ex-
ceedingly weakned and undermined the Foundation, and ſtrength of his own
Royal Throne; Do yet find an abounding Malignity, and oppoſition in thoſe
Parties and Factions, who have been the cauſe of thoſe Evils, and do ſtill la-
bour to caſt Aſperſions, upon that which hath been done, and to raiſe many
difficulties for the hindrance of that which remains yet undone, and to foment
Jealouſies betwixt the King and Parliament; That ſo they may deprive him
and his people of the fruit of his own gracious Intentions;and their humble deſires
of procuring the publick Peace, Safety, and Happineſs of this Realm. For the
preventing of thoſe miſerable effects, which ſuch malicious endeavours may pro-
duce, We have thought good to declare;
1. The Root and the growth of theſe iniſchievolts Deſigns.
2. The Maturity and Ripeneſs, to which they have attained before the beginning
of the Parliament.
3. The effe&tual means which hath been uſed for the extirpations of thoſe dange-
rous evils, and the Progreſs which hath therein been made by his Majeſties goodneſs,
and the Wiſdom of the Parliament.
4: The ways of obſtruction and oppoſition, by which that Progreſs hath been inter-
ripted.
5. The courſes to be taken for the renioving thoſe Obſtacles, and for the accom-
pliſhing of our moſt dutiful, and faithful intentions, and endeavours, of reſtoring and
Eſtabliſsing the Ancient Honour Greatneſs and Security of this Crown and Nation.
The Root of all this Miſchief, we find to be a Malignant, and pernicious
deſign of ſubverting the Fundamental Laws, and Principles of Government ; upon
which the Religion, and Juſtice of this Kingdom, are firmly. Eſtabliſht. The Actors
and Promoters hereof have been,
1. The Jeſuited Papiſts who hate the Lams, as the Obſtacles of that change and
Subverſion of Religion, which they ſo much
long for.
2. The Bishops, and the corrupt part of the Clergy, rého cheriſh Formality, and
Superſtition, as the natural effe&ts, and more probable ſupports of their own Ecclefiar
ſtical Tyranny, and Ofurpation.
3. Such Councellors and Courtiers as for private ends have engaged themſelves
to further the Intereſts of ſoine Forraign Princes, or States, to the prejudice of his
Majeſty, and the State at home.
The Common Principles, by which they moulded and Governed all their
particular Counſels and Actions were theſe.
.
!
2.
-
Firſt, to maintain continual differences, and diſcontents bermixt the King, and
the
11
mi I
14:
1':
***
1
th
TH,
HO
HI
JH
#Ik
11
"
1 it
by the
1!!
4
1
thi
1
11
HV
ΤΗ
"
11
1
from the Scotch Rebellion to the King's Murtber. 695
the People upon Queſtions of Prerogative and Liberty, that so they might have the | December,
advantage of ſiding with him, and under the notions of Men, addicted to his ſervice
; 16 41.
gain to themſelves and their Parties, the place of greatest truſt and power in the
Kingdom.
À Second, To ſuppreſs the Purity and Power of Religion, and ſuch as were beſt
affe&ted to it; as being contrary to their own ends, and the greateſt impediment to
that change, which they thought to introduce.
A Third, To conjoyn thoſe Parties of the Kingdom, which were most propitions to
their own ends, and to divide thoſe who were most oppoſite, whish conſiſted in many
particular Obſervations ; to cheriſh the Arminian part in thoſe points, wherein they
agree with the Papiſts, to multiply and enlarge the difference between the common
Proteſtants, and thoſe whom they call Puritans, to introduce and countenance ſuch
Opinions and Ceremonies, as are fitteſt for Accommodation with Popery, to encreaſe
and maintain ignorance, looſneſs and prophaneneſs in the People : That of thoſe three
Parties, Papiſt's, Arminians, and Libertines, they might compoſe a body fit to alt
fruch counſels and reſolutions, as were moſt conducible to their own ends.
A Fourth, to diaffe&t the King to Parliaments by panders, and falſe imputations;
and by putting him. ipon other ways of ſupply, which in fiew and appearance were
fuller of advantage, then the ordinary courſe of Subſidies, though in truth they brought
more loſs then gain, both to the King and people, and have cauſed the diſtračtions,
under which we both fuffer.
As in all compounded bodies, the Operations are qualified according to the
predominant Element ; So in this mixt party, the Jeſuited Councils being moſt
active and prevailing, may eaſily be diſcovered to have had the greateſt ſway.
in all their determinations, and if they be not prevented, are likely to devour
the reſt, or to turn them into their own nature.
In the beginning of his Majeſties Reign, the Party begun to revive and floui-
riſh again, laving been ſomewhat dainpt by the breach with Spain in the laſt
year of King James, and by his Majeſties Marriage with France; the Intereſt
and Counſels of that State, being not ſo contrary to the good of Religion, and
the Proſperity of this Kingdom, as thoſe of Spain ; and the Papiſts of Eng-
land, having been ever more addicted to Spain, then France; yet they ſtill retain-
ed a Purpoſe and Reſolution to weaken the Proteſtant Parties in all Parts, and
even in France, whereby to make way for the Change of Religion, which they
intended at Home.
The firſt Effect and Evidence of their Recovery and Strength, was the diſſolu-
tion of the Parliament at Oxford, after there had been given two Subſidies to
his Majeſty ; and before they received Relief in any one Grievance, many other
more miſerable Effects followed.
The loſs of the Rochel Fleet, by the help of our Shipping, ſet forth and deli-
vered over to the French, in oppoſition to the Advice of Parliament, which left
that Town without Defence by Sea, and made way not only to the loſs of that
important Place, but likewiſe to the loſs of all the Strength and Security of the
Proteſtant Religion in France.
The diverting of his Majeſties courſe of Wars from the Weſt-Indies, which
was the moſt facile and hopeful way for this Kingdom to prevail againſt the
Spanierd, to an expenceful and unſucceſsful Attempt upon Cales, which was ſo
ordered, as if it had rather bin intended to make us weary of War, then to pro-
fper in it.
The precipitate breach with France, by taking their Ships to a great value,
without making recompence to the Engliſh, whole Goods were thereupon im-
bar'd and confiſcate in that Kingdom.
The Peace with Spain, without Conſent of Parliament, contrary to the pro-
miſe of King James to both Houſes; whereby the Palatine Cauſe was deſerted,
and left to Chargeable and Hopeleſs Treaties, which, for the moſt part, were
Managed by thoſe who might juſtly be ſuſpected to be no Friends to that Cauſe.
The charging of the Kingdom with Billeted Soldiers in all parts of it, and
that Concomitant Deſign of German Horſe, that the Land might either ſubmit
with Fear,, or be inforced with Rigour to ſuch Arbitrary Contributions, as
ſhould be required of them.
Vol. II.
Uuuu
The
I
1
.
1
++
t
696 An Impartial Collection of all the memorable Events
Decemb.
I 641.
*
;
1
The diſſolving of the Parliament in the ſecond Year of his Majeſties Reign,
after a Declaration of their intent to grant five Subſidies.
The exacting of the like proportion of five Subſidies after the Parliament
diſſolved, by Commiſlion of Loan; and divers Gentlemen and others impriſoned
for not yeilding to pay that Loan, whereby many of thein contracted ſuch fick-
neſles, as coſt them their Lives. Great Summs of Money required, and raiſed by
Privy Seals. 'An unjuſt and pernicious attempt to extort great Payments from
the Subject, by way of Exciſe; and a Conimiſſion iſlijed under Seal to that
pur-
poſe. The petition of Right, which was granted in full Parliament, blaſted
with an illegal Declaration, to make it deſtructive to it felf, to the Power of
Parliamerit, to the Liberty of the Subject, and to that purpoſc printed with it;
and the Petition made of no uſe, but to Thew the bold and preſumptuous inju-
ſtice of ſuch Miniſters as durſt break the Laws, and ſuppreſs the Liberties of
the Kingdom, after they had been ſo Solemnly and evidently declared.
Another Parliament diſolved, 4 Car. the Privilege of Parliament broken, by
impriſoning divers Members of the Houſe, detaining them cloſe Priſoners for
many Months together, without the Liberty of uſing Books, Pen, Ink, or fa-
per, denying them all the Comforts of Life, all Means of preſervation of Health,
not permitting their Wives to come unto them, even in time of their Sickneſs.
And for the compleating of that Cruelty, after Years ſpent in ſuch miſerable du-
rance, depriving them of the necellary means of Spiritual Conſolation, not ſuf-
fering them to go abroad to enjoy God's Ordinances in God's Houſe, or God's
Miniſters to come to them, to adminiſter Comfort unto them in their private
Chambers: and to keep them ſtill in this oppreſſed Condition, not admitting
them to be bailed according to Law, yet vexing them with Informations in in-
ferior Courts, Sentencing and Fining ſome of them for Matters done in Farlia-
ment, and Extorting the Payments of thoſe Fines from them, inforcing others
to put in Sécurity of good Behaviour, before they could be releaſed.
The Impriſonment of the reſt which refuſed to be bound, ſtill continued
;
which might have been perpetual, if neceſſity liad not the laſt year brought an-
other Parliament to relicve them; of whom one died, by the cruelty and harſh-
neſs of his Impriſonment, which would admit of no relaxation, notwithſtand-
ing the Imminent Danger of his Life did ſufficiently appear, by the Declaration
of his Phyſician ; And his releaſe, or at leaſt, his refreſhment, was ſought by
many
humble Petitions. And his Blood ſtill cryes either for Vengeance, or Re-
pentance of thoſe Miniſters of State, who have at once obſtructed the courſe
both of his Majeſties Juſtice and Mercy.
Lipon the Diſſolution of both theſe Parliaments, untrue and ſcandalous De.
clarations. Publiſhed, to aſperſe their Procecdings, and ſome of their Members,
unjuſtly to make them odicus, and colour the Violence which was uſed againſt
them. ' Proclamarious ſet cut to the fame purpoſe, and to the great dejecting
of the hearts of the People, forbidding them, to ſpeak of Parliaments.
After the Breach of Parliament, in the fourth year of his Majeſty, Injuſtice,
Oppreſſion, and Violence, broke in upon us, without any reſtraint or mode-
ration ; and yet the firſt project, was the great Sums exacted thorough the
whole Kingdom, for default of Knighthood, which ſeemed to have ſome co-
lour and ſhadow of a Law; yet if it be rightly examined by that obſolete Law
which was pretended for it, it would be found to be againſt all the Rules of Ju-
ſtice,both in reſpect of the perſons charged, the proportion of the Fines demand-
ed, and the abſurd and unreaſonable manner of their Proceedings: Tonnage,
and Poundage hath been received without colour or pretence of Law : many
other heavy impoſitions continued againſt Law : and ſome ſo unrcaſonable,
that the ſum of the Charge, exceeds the value of the Goods. The Book of
Rates lately inhanſed to a high proportion; and ſuch Merchants as would not
ſubmit to their Illegal and unreaſonable Payments, were vexed and oppreſſed
above meaſure; and the ordinary courſe of Juſtice, the common Birth-right of
the Subject of England, wholly obſtructed unto them. And although all this
was taken upon pretence of Guarding the Sea, yet a new and upbeard of Tax of
Ship-money was deviſed, upon the ſame pretence. By both which, there was
charged upon the Subject near 790090 Pounds fome years; and yet the Mer-
chants have been left ſo naked to the violence of the Turkiſh Pirates that many
great
4
:
Į
4
1
:.
1
I
from the Scotch Rebellion to the King's Murther. 697
Decemb.
I 641.
"
1
great Ships of value, and thouſands of his Majeſties Subjects liave been taken
by them, and do ſtill remain in miſerable ſlavery.
The enlargement of Forreſts, contrary to Charta de Foreſta, and the compoſi-
tion thereupon. The exactions of Coac and Conduct Money, aod divers Other
Military Cirarges. The taking away the Arms of the Trained-Bands of divers
Counties. The deſperate Deſign of 'engroſſing all the Gun-Powder into one
hand, keeping it in the Tower of London, and ſercing ſo high a Rate upon it,
that the Poorer ſort were not able to buy it, nor could any have it without Li-
cence; thereby to leave the ſeveral parts of the Kingdom deſtitute of their ne-
ceſſary defence ; and by ſelling ſo dear that which was ſold, to make an unlawful
advantage of it, to the great Charge and detriment of the Subject; the general
deſtruction of the Kings Timber, eſpecially that in the Forreſt of Dean, fold to
Papifts, which was the beſt Store-houſe of this Kingdom, for the maintenance
of our Shipping; the taking away of mens right, under colour of the Kings
Title to Land between high and low Water-Marks. The Monopolies of Soap,
Salt, Wine, Leather, Sca-Cole, and in a manner, of all things of moſt com-
mon and neceſſary uſe. The reſtraint of the Liberties of the Subjects in their ha-
bitacion, Trades, and other Intereſt. Their vexation and oppreſſion by Purveyo
ors, Clerks of the Market, and Salt-Peter-men. The ſale of pretended Nuſan-
ces, as Buildings in and about London, converſion of Arabļe into Paſture, con-
tinuance of Paiture, under the name of depopulation, have drawn many Mil-
lions out of the Subjects Purſes, without any conliderable profic to his Majeſty.
Large quantities of Common, and ſeveral Grounds, have been taken from the
Subject, by colour of the Statute of Improvement, and by abuſe of the Com-
miſſion of Sewers, without their conſent, and againſt it. And not only private
Intereſt, but alſo publick faith hath been broken, in ſeizing of the Money and Bul-
lion in the Mint ; and the whole Kingdom like to be robb'd at once, in that a-
bominable project of Braſs-Money. Great numbers of his Majeſties Subjects,
for refuſing thoſe unlawful charges, have been vext with long and expenſive
Suits ; Somc fined and cenſured, others cominicted to long and hard impriſon-
ments and confinements, to the loſs of health of many, of life in ſome ; and o-
thers have had their houſes broken up, their goods Seized, ſome have been re-
ſtrained from their lawful Callings : Ships have been interrupted in their Voya
ages, ſurprized at Sea in an Hoſtil: manner by Projectors, as by a common
Enemy: Merchants prohibited to unlade their Goods in ſuch Ports, as were for
their own advantage, and forced to bring them to thoſe places, which were moſt
for the advantages of the Monopolizers and Projectors. The Court of Star-
Chamber hath abounded in extravagant cenſures, not only for the maintenance
and improvement of Monopolies, and other unlawful Taxes; but for divers 0-
ther Cauſes, where there hath been no offence, or very ſmall; whereby his
Majeſties Subjects have been oppreſed by grievous Fines, Impriſonments, Stig-
matizings, Mutilations, Whippings, Pillories, Gags, Confinements, Banilh-
ments; after ſo rigid a manner, as hath not only deprived Men of the Society of
their friends, exerciſe of their profeſſions, comfort of Books, uſe of Paper or
Ink, but even violated that near Union, which God hath Eſtabliſht betwixt Men
and their Wives, by forced and conſtrained ſeparation ; whereby they have been
bereaved of the comfort and converſation one of another for many years together
without hope of relief; if God had not by his over-ruling Providence, given
ſome interruption to the prevailing Power, and Council of thoſe who were
the Authors and Promoters of ſuch peremptory and heady courſes.
Judges have been put out of their places
for refuſing to do againſt their Oaths,
and Conſciences: others have been ſo awed, that they durſt nor do their duties,
and the better to hold a Rod over them, the Clauſe quam diu ſe bene gefferit was
left out of their Patents, and a new Clauſe Durante bene placito inſerted. Law-
yers have been checkt, for being faithful to their Clients; Solicitors and Attor-
neys have been threatned, and ſome puniſhed for following lawful Suits : And
by this means all the approaches to Juſtice were interrupted and forecluded.
New Oaths have been forced upon the Subject againſt Law; new Judicatories
Erected without Law: The Council-Table havc by their Orders, offered to
bind the Subjects in their Free-holds, Eſtates, Suits, and Actions. The pretend.
ed Court of the Earl-Marſhal was Arbitrary, and illegal in its being, and
Vol. II.
Uuuu 2
Proceedings.
698 An Impartial Collection of all the memorable Events
Decemb. Proceedings. The Chancery, Exchequer-Chamber, Court of Wards, and other
1641. English Courts have been grievous exceeding in their Juriſdiction. The Eſtate
of many Families weakned ; and ſome ruined by exceſſive Fines, exacted from
them for compoſitions of Wardſhips. All Leaſes of above a hundred years,
made to draw on Wardſhip contrary to Law. Undue proceedings uſed in the
finding of Offices, to make the Jury find for the King, the Common-Law
Courts, ſeeing all men more enclined to ſeek Juſtice there, where it may be fit-
ted to their own deſire, are known frequently to forſake the Rules of the Com-
mon. Law, and ſtraining beyond their bounds, under pretence of equity to do
Injuſtice. Titles cf Honour, Judicial places, Serjeantſhips at Law, and other
offices haye been ſold for great Sums of Money; whereby the common Ju-
ſtice of the Kingdom hath been much endangered, not only by opening a way of
employment in places of great truſt, and advantage to Men of weak parts; but
alſo by giving occaſion to Brib: ry, Extortion, Partialicy; It feldom hapning
that places ill-gotten are well uſed." Commiſlions have been granted for Exami.
ning the exceſs of Fees: and when great exactions have been diſcovered, Com-
pofitions have been made with Delinquents, not only for the time paſt,
but like-
wiſe forįmmunity and ſecurity in offending for the time to comę; which under
colour of remedy, hath but confirmed, and encreaſed the Grievance to the Sut-
ject. The uſual courſe of pricking Sheriffs, not obſerved, but many times She-
riffs made in an extraordinary way; ſome times as a puniſhment and charge un-
to chein; ſomețimes ſuch were pricked out, as would be Inſtruments to execute
whatſoeyer they would have to be done.
The Biſhops and the reſt of the Clergy, did triumph in the ſuſpenſions, Ex-
communications, Deprivations, and Dégradations of divers Painful, Learned
and Pious Miniſters, in the vexation and grievous oppreſſion of greaç numbers
of his Majeſties good Subjects. The High Commiſion grew to ſuch exceſs of
ſharpneſs and ſeverity, as was not much leſs then the Romiſh Inquiſition; and
yet in many caſes by the Archbiſhops power, was made much more heavy, be-
ing aſliſted, and ſtrengthned by Aùthority of the Council-Table.
The Biſhops and their Courts, were as eager in the Country, and although
their Juriſdi&tion could not reach fo high in rigour, and extremity of puniſh-
ment, yet were they no leſs grievous, in reſpect of the generality, and multi-
plicity of vexations, which lightning upon the meaner ſort of Trades-men, and
Artificers, did impoveriſh many thouſands, and ſo afflict and trouble others,
that great numbers, to avoid their miſeries, departed out of the Kingdom,
ſome into New England, and other parts of America, others into Holland where
they have tranſported their Manufactures of Cloth, which is not only a loſs by
diminiſhing the preſent ſtock of the Kingdom,, but a great miſchief by iinpair-
ing and endangering the loſs of that peculiar Trade of Cloathing, which hath
be n a plentiful Fountain of Wealth and Honour to this Naçion. Thoſe were
ſittelt for Eccleſiaſtical preferment, and ſooneſt obtained if who were moſt
officious in promoting ſuperſtition, moſt virulent in railing againſt Godlineſs,
and Honeſty.
The moſt Publick and Solemn Sermons before his Majeſty were, either to ad-
vançe Prerogative above Law, and decry the Property of the subject, or full
of ſuch kind of Invectives; whereby they might make thoſe odious who fought
to maintain the Religion, Laws, and Liberties of the Kingdom; and ſuch Men
were ſure to be wecded out of the Commiſſion of the Peace, and out of all o-
ther Imployments of Power in the Government of the Country. Many noble
Perſonages were Counſellors in Name; but the power and Authority remained
in a few of ſuch, as were moſt addicted to this party, whole Reſolutions, and
Determinations werç brought to the Table, for Countenance and Execution and
not for Debate and Deliberation, and no man could offer to oppoſe chem,
without Diſgrace and Hazard to himſelf: Nay, all thoſe that did not wholly
Concur, and Actively Contribute to the furtherance of their Deſigns, though
otherwiſe Perſons of never ſo great Honor and Abilities, were ſo far from be-
ing Imployed in any Place of Truſt and Power, that they were Neglected,
Diſcountenanced, and upon all Occaſions, Injured and Oppreſſed." This Fa-
¿tion was grown to that Hight and Intireneſs of Power, thạt now they
began to think of Finiſhing their work, which conſiſted of theſe three
Parts
1. The
ܪ
f
wilt
1
1
.
h.
699
Decemb.
1- 641.
1
1
from the Scorch Rebellion to the King's Murther
1. The Government muſt be ſet free from all reſtraint of Laws, concerning our
Perſons and States,
2. There mißt be a Conjunction betwixt Papifts and Proteſtants in Dottrine ;
Diſcipline and Ceremonics : only it 19:11$£ not yet be called Popery.
3. The Puritans under which Name, they include all thale that deſire to preſerve
the Lams and Liberties of the Kingdom, and ta maintain "Religion in the Power of
it; muſt be either rooted out of the Kingdom with force, 01: driven out with fear.
For the effecting of this, ir was thought neceſſary to reduce Scotland to fuch Popiſi
Superſtitions and Innovations, as might make them apt to joyn with England, in
that great Change which was intended. Whereupon nem. Canons, and a new Liturgy
were preſt upon them; and when they refufed to admit of them, an Army was raiſed
to force them to it, towards which the Clergy and the Papiſts were very forward
in their Contribution. The Scots likemiſe raiſed an Army, for their Defence ; And
when both Armies were come together, and ready for a blogdy Encounter, His Maa
jefties own gracious Diſpoſition, and the Councel of the Engliſh Nobility, and duriful
Submiſſion of the Scots, dia ſa far prevail againſt the Evil Counſel of oihers; that a
Pecification was made, and His Majeſty returned with Peace, and much Honor to
London.
The unexpected reconciliation was inoſt acceptable to all the Kingdom, ex-
cept to the Malignant Party, whereof the Archbihop and the Earl of Strafford
being Heads, they and their Faction þegun to inveigh againſt the Peace, and to
aggravate the Proceeding of the States, which fo incenſed his Majeſty that he
forthwith prepared again for War. And ſuch was their Confidence, that having
corrupted and diſtempered the whole Frame and Government of the Kingdom,
they did now hope to corrupt that which was the only Means to reſtore all
to a right frame and temper again: tp which end they perſwaded His Majeſty
to call a Parliament, not to ſeek Counſel and Advice of them, but to draw
Countenance and Supply from them, and engage the whole Kingdom in their
Quarrel: and in the mean time, continued all their unjuſt Levies of Money,
reſolving either to make the Parliament pliant to their Will, and to eſtabliſh
Miſchief by a Law, or elſe to break it; and with more Color to go on by Vio-
lence, to take what they.could not obtain by. Conſent. The Ground alledged
for the Juſtification of this War was this.
That the undutiful Demand of the Parliament of Scotland, was a ſufficient
Reaſon for His Majeſty to take Arms againſt them without hearing the Rea-
ſon of thoſe Demands; and thereupon a new Army was prepared againſt
them, their Ships were ſeized in all Ports, both of England and Ireland, and
ar Sea, their Petitions - rejected, their Commiflioners refuſed Audience. This
whole Kingdom inoſt miſerably diſtempered with Levics of Men and Money,
and Impriſonments of thoſe, who denied to ſubmit to thoſe Levies. The Earí
of. Strafford paſt into Ireland, cauſed the Parliament there to declare againſt
the Scots, to give four Subſidies towards that. War; and to ingage themſelves,
their Lives and Fortunes for the Proſecution of it, and gave Directions for an
Army of eight thouſand Foot, and one thouſand Horſe to be.levied there, which
were for the moſt-part Papiſts, The Parliament met upon the thirteenth of A-
pril, one Thouſand fix Hundred and Forty, The Earl of Strafford, and Arch-
biſhop of Canterbury, with their Party lo prevailed with His Majeſty, that the
Houſe of Commons was preſt:to yield to a Supply for maintenance of the War
with Scotland, before they had provided any Relief
for the great and preſling
Grievances of the People, which being againſt the Fundamental Privilege and
Proceeding of Parliament, was yet in humble Reſpect to his Majeſty, ſo far
admitted, as that they agreed to take the Matter of Supply into Conſideration,
and two ſeveral Days it was debated. Twelve Subſidies were deinanded for
the releaſe of Ship-Money alone; A third Day was appointed for Concluſion,
when the Heads of that Party begụn to fear the People might cloſe with the
King in ſatisfying his deſire of Money. But that withal they were like to blaſt
their malicious Deſigns againſt Scotland, finding them very much indiſpoſed to
give any Countenance to that War.
Thereupon they wickedly adviſed the King to break off the Parliament, and
to return to the Ways of Confuſion, in which their own evil Intentions were
moſt like to profper and ſucceed.
After
1
I
1
700 An Impartial Collection of all the memorable Events
Decemb. After the Parliament ended the Fifth of May, one thouſand fix hundred and
1 64 1. forty, this party grew ſo bold, as to counſel the King to Supply Himſelf out
of His Subjects States by his own Power, at his own Will, without their con-
ſent. The very next day, ſome Members of both Houſes had their Studies and
Cabinets, yea, their Pockets ſearched : Another of them not long af:er was com-
mitted clofe Priſoner, for not delivering fome Pétitions which he received
by Authority of that Houſe, and if harſher Courſes were intended ( as was re-
ported ) it is very probable that the ſickneſs of the Earl of Strafford and the
Tumultuous riſing in Southwark, and about Lambeth, were the Cauſes that
ſuch violent Intentions were not brought to Execution. A falſe and ſcandalous
Declaration againſt the Houſe of Commons, was publiſhed in His Majeſties
Name, which yet wrought little Effect with the People, but only to manifeſt the
Impudence of thoſe who were Authors of it.
A forced Loan of Money was attempted in the City of London.
The Lord Mayor and Aldermen in their ſeveral Wards injoyned to bring
in a Liſt of the Names of ſuch Perſons, as they judged fit to lend, and of the
Sum they ſhould lend. And ſuch Aldermen, as refuted ſo to do, were commit-
ted to Prifon.
The Archbiſhop and the other Biſhops and Clergy continued the Convocation,
and by a new Commiſſion turned it to a Provincial Synod, in which by an 11-
heard of preſumption, they made Canons that contain in them many Matters
contrary to the King's Prerogative, to the Fundamental Laws and Statutes of
the Realm, to the Right of Parliaments, to the Property and Liberty of the Sub-
ject, and Matters tending to Sedition, and of dangerous Conſequence, thereby
eſtabliſhing their own Uſurpations, juſtifying their Alter-Worſhip, and thoſe
other Superſtitious Innovations, which they formerly introduced without War-
rant of Law.
They Impoſed a new Oath upon divers of his Majeſties Subjects, both Eccle-
ſiaſtical and Lay, for maintenance of their own Tyranny; and laid a great Tax
upon the Clergy, for Supply of his Majeſty, and generally they ſhewed them-
ſélves very Affectionate to the War with Scotland, which was by ſome of
them ſtyled Bellam Epiſcopale; and a Prayer Compoſed, and Injoyned to be
read in all Churches, calling the Scots. Rebels, ; to put the two Nations into
Blood; and make them irreconcileable: All thoſe prétended Canons and Conſti-
tutions were armed with the ſeveral Cenſures of Suſpenſion, Excommunication,
Deprivation, by which they would have thruſt out all the good Miniſters and
moſt of the Well-Affected People of the Kingdom, and left an eaſie Pallage to
their own Deſign of Reconciliation with Rome. The Popiſh Party injoyned
ſuch Exemptions from the Penal Laws, as amounted to a Toleration, beſides
many other Encouragements, and "Court Favours; They had a Secretary of
State, Sir Francis Windibank a powerful Agent for the ſpeeding of all their de-
fires, a Popes Nuntio reſiding here to Act and Govern them according to ſuch
Influences as he received from Rome, and to intercede for them with the moſt
powerful Concurrence of the Forreign'Princes of that Religion: By his Autho-
rity the Papiſts of all ſorts, Nobility, Gentry and Clergy were convocated, af-
ter the manner of a Parliament, new Juriſdictions were erected of Rómijl,
Archbiſhops, Taxes levied, arother State moulded within this State indepen-
dant in Government, contrary in Intereſt and Affection, 'ſecretly corrupting the
ignorant or negligent Profeſſors of our Religion, and cloſely uniting and com-
bining themſelves againſt ſuch as were Sound, in this poſture waiting for an
Opportunity by force to deſtroy thoſe, whom they could not hope to ſeduce.
For the effecting whereof, they were ſtrengthened with Arms and Munition, en-
couraged by ſuperſtitious Prayers, enjoyned by the Nuncio to be weekly made
for the proſperity of ſome great Deſign. And ſuch Power had they at Court,
that ſecretlý a Commiſſion was iſſued ont, intended to be iſſued to ſome great
Men of that Profeſſion for the levying of Soldiers, and to Command and Im-
ploy them according to private Inſtructions, which we doubt were framed for
the advantage of thoſe who were the Contrivers of them: His Majeſties Trea-
ſure was conſumed, his Revenue anticipated, His Servants and Officers. com-
pelled to lend great Sums of Money; Multitudes were called to the Councel Ta-
ble,who were retired with long attendances there, for refuſing illegal Payments.
Thel
il
from the Scotch Rebellion to the King's Mrintber.
701
RA
-
Decemb.
1 641.
н.
.
11
1
'!
11
th
1
:
1
The Priſons were filled with their Commitments; many of the Sheriffs fuimino-
ned into the Star-Chan.ber; and ſome impriſoned for not being quick enough in
levying the Ship-Money, the People'languiſhed under Grief and fear, no vitible
hope being left, but in deſperation. The Nobility began to be weary of their
Silence and Patience and ſenlible of the duty, and truſt which belongs to them:
and thereupon ſome of the moſt eminent of them did Petition his Majeſty at
ſuch a time when evil Councels were ſo ſtrong, that they had rcafon to expect
more hazard to themſelves, then redreſs of thoſe publick Evils for which they
interceded : whileft the Kingdom was in this agitation and diſtemper the Scors
reſtrained in their Trades, Impoveriſhed by the loſs of many of their Ships, bc-
reaved of all poſſibility of ſatisfying his Majeſty, by any naked Supplication,
entred with a powerful Army into the Kingdom, and without any Hoſtile Act
or Spoil in the Country as they paſled, more than forcing a Paſlage over the
Tyne at Nemborne, near New-Caſtle, poſſeſſed themſelves of New-Cajtle, and had
a fair opportunity to preſs on further upon the King's Army: but Duty and
Reverence to his Majeſty, and brotherly love to the Engliſh Nation, made them
ſtay there, whereby the King had leiſure to entertain better Counſels; wherein
God ſo blelled and directed him, that he ſummoned the great Council of Peers
to meet at York, upon the twenty fourth of September, and there declared a Par-
liament to begin the Third of November then following. The Scots the firſt
day of the great Council, preſented an humble Petition to His Majeſty, where-
upon the Treaty was appointed at Rippon. A preſent Ceſſation of Arms agreed
upon:
: ard the full Concluſion of all Differences referred to the Wiſdoin and
Care of the Parliament. At our firſt Meeting, all Oppoſitions ſcemed to vaniſh,
the Miſchiefs were ſo evident, which thoſe Evil Counſellors produced that no
Man durſt ſtand up to defend them. Yet the Work it ſelf afforded difficulty
enough. The multiplied Evils and Corruption of ſixteen years ſtrengthened by
Cuſtom and Authority, and the concurrent Intereſt of many powerful Delin-
quents were now to be brought to Judgment and Reformation. The King's
Houſhold was to be provided for, they had brought him to that Want, that he
could not ſupply his ordinary and neceſſary Expences, without the Aſiſtance of
his people. Two Armies were to be payed, which amounted very near to
eighty thouſand Pounds a Month; the People were to be tenderly charged, hav-
ing bin formerly exhauſted with many burthenſome Projects.
The difficulties ſeemed to be infuperable, which by the Divine Providence
we have overcome. The Contrarieties incompatible, which yet in a great
mcaſure we have reconciled. Six Subſidies have been granted, and a Bill
of Pell-Money, which if it be duly levyed may equal fix Subſidies more, in
all ſix hundred thouſand pounds. Beſides we have contracted a Debt. to the
Scots of 220 thouſand pounds; and yet God hath fo bleff:d the endeavours of
this Parliament, that the Kingdom is a great gainer by all theſe charges. The
Ship-Money is aboliſhed which coſt the Kingdom above two hundred thouſand
pounds a year. The Coat and Conduct Morey, and other Military charges, are
taken away, which in many countries amounted to little leſs then the Ship-
Money. The Monopolies are all ſoppreſt, whereof ſome few did prejudice the
Subject, above a Million yearly. The Soap an hundred thouſand pounds; the
Wine three hundred thouſand pounds; the Leather muſt needs exceed both :
and Salt could be no leſs then that ; beſides the inferior Monopolies, which
if they could be exactly computed, would make up a great Sum. That which
is more beneficial then all this is, that the root of theſe evils is taken away
which vias the Arbitrary Power pretended to be in bis Majeſty,of Taxing the Sub-
ject,or charging their Eſtates without conſent in Parliament, which is now decla-
red to be againit Law, by the judgment of both Houſes, and likewiſe by an Act of
Parliament. Another ſtep of great advantage is this : the living Grievances,
the evil Counſellors and Actors of theſe Miſchiefs have been ſo quelled; by the
Juſtice done upon the Earl of Strafford, the flight of the Lord Finch, and Se-
cretary Windibank, The Accufation and Impriſonment of the Archbiſhop of
Canterbury, of Judge Bartlet, and the Impeachment of divers other Biſhops
and Judges, that it is like not only to be an eale to the preſent times but a pre-
ſervation to the future. The diſcontinuance of Parliaments is prevented by the
Bill for a Triennial Parliament, and the abrupt diffolution of this Parliament
by
>
.
1
2.
1
-
be
I 641.
1
1
ment.
702 An Impartial Collection of all the memorable Events
Decemberi: by another Bill: by which it is provided, it ſhall not be diſſolved or adjourned
without the conſent of both Houſes.
Which two Laws well conſidered, may be thought more advantageous then
all the former, becauſe they ſecure a full Operation of the preſent Remedy,
and afford a perpetual Spring of Remedies for the future : The Star-Cham-
ber, the High Commiſſion, the Courts of the Preſident, and Council in the
North, where ſo many Forges of miſery, oppreſlion, and violence, and are all ta-
ken away,whereby men are more ſecured in their perſons, Libertics, and Eſtates,
then they could be by any Law or Example for the regulation of thoſe Courts,
or terrour of the Judges; the immoderate Power of the Council-Table and
the exceſſive abuſe of that Power is ſo ordered and reſtrained, that we may well
hope that no ſuch things as were frequently done by then, to the prejudice of
the publick Liberty, will appear in future times but only in ſtories, to give us
and our Poſterity more occaſion to praiſe God for his Majeſties goodnels, and
the faithful endeavours of chis Parliament. The Canons and the power of Ca-
non making,are blaſted by the Vote of both Houſes. The exorbitant power of
Bishops and their Courts, are much abated, by fone Proviſions in the Bill a-
gainſt the High Commiſſion Court. The Authors of the many Innovations in
Doctrine and Ceremonies ; the Miniſters that have been ſcandalous in their
lives, have been ſo terrified in juſt Complaints and Accuſations, that we may well
hope they will be more modeſt for the time to conc., either inwardly convicted
by the ſight of their own folly, or outwardly reſtrained by the fear of puniſh-
The Forreſts are by a good Law reduced to their right bounds; the en-
croachments and oppreſſions of the Stannery Courts; the extorſions of the
Clerk of the Market, and the compulſion of the Subject to receive the Order
of Knighthood againſt his will, paying of Fines for not receiving ic, and the
vexatious proceedings thereupon for Levying of thoſe Fines, are by other bene-
ficial Laws reformed and prevented. Many excellent Laws and Proviſions
are in preparation for removing the inordinate power, vexation, and ufurpation
of Biſhops, for reforming the Pride and Idlenels of many of the Clergy, for ea-
ſing the People of unneceſſary Ceremonies in Religion, for ceaſuring and re-
moving unworthy and unprofitable Miniſters; and for maintaining Godly and
diligent Preachers through the Kingdom: Other things of main importance
for the good of this Kingdom are in propoſition, though little could hitherto be
done, in regard of the many other more preſſing buſineſſes, which yet before the
end of this Seſſion, we hope may receive ſome progreſs and perfection. The
Eſtabliſhing and ordering the Kings Revenue, that ſo the abuſe of Officers, and
ſup. rfluity of expences may be cut off, and the neceſſary disburſments for his
Majeſties Honour, the Defence and Government of the Kingdom, may be more
ceriainly provided for. The regulating of Courts of Juſtice, and abridging
both the delays and charges of Law Suits; the ſetling of ſonic good courles
for preventing the exportation of Gold and Silver, and the inequality of ex-
changes betwixt us and other Nations, for the advancing of Native Commodi-
ties, increaſe of our Manufactures, and well ballancing of Trade, whereby the
Siock of the Kingdom may be increaſed, or at leaſt kept from impairing; as
through neglect hereof it hath done for many years laſt paſt; For improving
the Herring
Fiſhing, upon our own Coaſts, which will be of mighty uſe in the
imployment of the Poor, and a. plentiful Nurſery of Marriners for enabling
the Kingdom in any great Action. The oppoſitions, obſtructions, and other
Difficulties wherewith we have been encountred, and which ſtill lye in our way
with ſome ſtrength and much obſtinacy are theſe : the malignant Party whom
we have formerly deſcribed, to be the Actors and Promoters of all cur Miſery,
they have taken heart again ; they have been able to prefer ſome of their own
Factors and Agents to degrees of Honour, to places of Truſt and Employment
even during the Parliament. They have endeavoured to work in his Majeſty ill
Impreſſions and Opinions of our Proceedings, as if we had altogether done our
own work, and not his, and had obtained from him many things very prejudi-
cial to the Crown, both in reſpect of Prerogative and Profit. To wipe out
this flander, we think good only to ſay thus much : That all that we have
done, is for his Majeſty, bis Greatneſs, Honour, and Support, when we
yielded to give twenty fivc thouſand pounds a Month for the relief of the Nor-
thern
:
J's
1
1
.
!
u
11
!
--->
wwt
: مبيدار رہا
1
.
+
1
1
I 641.
1
1
1
II.
i
1
1
4
from the Scotch Rebellion to the King's Murtber.
703
thern Countries, this was given to the King, for he was bound to protect his Decemb.
Subjects, they were his Majeſties evil Counſellors, and their ill inſtruments
that were Actors in thoſe Grievances which brought in the Scots: and if his
va
Majeſty pleaſe co force thoſe who were the Authors of this War to make fa-
tisfaction, as he might juſtly and eaſily do, it f.ems very reaſonable that the
people might well be excuſed from taking upon them this burthen; being alcoge-
ther innocent and free from being any cauſes of it.
When we undertook the Charge of the Army, which coſt above soooo l. a
Month, was not this given to che King? was it not his Majeſty's Army? were
not all the Commanders under Contract with his Majeſty at higher rates and
greater wages then ordinary ? and have we not taken upon us to diſcharge all
the Brotherly aſſiſtance of three hundred thouſand pounds which we gave the
Scots? was it not toward repair of thoſe damages and loses which they recei-
ved from the Kings Ships, and from his Miniſters? Theſe three particulars a-
mount to above 1 100 thouſand pounds, beſides his Majeſty bath received by
impoſitions upon Merchandiſe at leaſt 400 thouſand pounds; ſo that his Ma.
jeſty hath had out of the Subjects Purſe ſince the Parliament began, one Million
and an half, and yet theſe Men can be ſo impudent, as to tell his Majeſty, that
we have done nothing for him. As to the Second Branch of this nander, we
acknowledge with much thankfulneſs that his Majeſty hath paſſed more good
Bills to the advantage of the Subjects then have been in many ages; but withal
we cannot forget, that theſe venemous Councils did manifelt themſelves in ſome
endeavours to hinder theſe good Acts: and for both Houſes of Parliament we
may with truthand modeſty ſay thus much, That we have ever been careful not
to deſire any thing that ſhould weaken the Crown either in juſt profit or uſe-
ful power. The Triennial Parliament, for the matter of it, doth nọt extend to
ſo much as by Law we ought to have required, there being two Statutes ſtill
in force for a Parliament to be once a year, and for the manner of it,it is in the
Kings Power, that it ſhall never take effect, if he by a timely Summons ſhall
prevent any other way of aſſembling. In the Bill for concinuance of this pre-
ſent Parliament, there ſeems to be ſome reſtraint of the Royal Power in dif-
ſolving of Parliainents, not to take it out of the Crown, but to ſuſpend the exe-
cution of it for this time and occaſion only, which was ſo neceſſary for the
Kings own ſecurity, and the publick Peace, that without it we could not have
undertaken any cf theſe great charges, but muſt have left both the Armies to
diſorder and confuſion, and the whole Kingdom to Blood and Rapine. The
Star-Chamber was much more fruitful in oppreſſion then in profit, the great
Fines being for the moſt part given away, and the reſt ſtalled at long times,
The Fines of the High Commillion were in themſelves unjuſt and feldome or
never came into the Kings Purſe. Theſe four Bills are particularly and more
ſpecially inſtanced, in the reſt there will not be found ſo much as a ſhadow of
prejudice to the Crown. They have ſought to diminiſh our reputation with the
people, and to bring them out of love with Parliaments; the aſperſions which
they have attempted this way, have been ſuch as theſe, that we have ſpent
much time and done little, eſpecially in thoſe Grievances which concern Re-
ligion. That the Parliament is a burthen to the Kingdom by the abundance of
Protections which hinder Juſtice and Trade, and by many Subſidies granted,
much more heavy then any they formerly endured; to which there is a ready
Anſwer: if the time ſpent in this Parliament be conſidered in relation back-
ward to the long growth and deep root of thoſe Grievances, which we have re-
noved, to the powerful ſupports of thoſe Delinquents, which we have per-
ſued, to the great neceſſities and other charges of the Commonwealth for which
we have provided : or if it be conſidered in relation forward to many advan-
tages, which not only the preſenc, but future Ages are like to reap by the good
Laws and other Proceedings in this Parliament, we doubt 'not buc it will be
thought by all indifferent judgments, that our time hath been much better im-
ployed then in a far greater proportion of time in many former Parliaments
put together; and the charges which have been laid upon the Subject, and the o-
ther inconveniencies which they have born, will ſeem very light in reſpect of the
bencfit they have had and may receive. And for the matter of Ďrotections the Par-
liament is fo ſenſible of it that therein they intend to give them whatſoever eaſe
Vol. II:
X XXX
may
है
H
1
44
S
L
704 An Impartial Colle&tion of all the memorable Events
Decemb.
I 641.
may ſtand with Honour and Juſtice; and are in a way of paſſing a Bill to give
them fatisfaction. They have fought by many ſubtile practices, to cauſe Jealou-
fies and diviſions betwixt us and our Brethren of Scotland, by ſlandering their
proceedings and intentions towards us, and by ſecret endeavours to initigate
and incenſe them and us one againſt another. They have had ſuch a Party of
Biſhops and Popiſh Lords in the Houſe of Peers as hach cauſed much opposi-
tion and delay in the Proſecution of Delinquents, and hindred the Proceedings of
divers good Bills paſſed in the Commons Houſe, concerning the reformation of
ſundry great abuſes and corruptions both in Church and State. They have la-
boured to ſeduce and corrupt ſome of the Commons Houſe, to draw them into
Conſpiracies and Combinations againſt the Liberty of the Parlia.nent : And by
their inſtruments and Agents they have attempted to diſaffect and diſcontent
his Majeſties Army, and to engage it for the maintenance of their wicked and
Traiterous Deſigns, the keeping up of Biſhops in Votes and Functions, and by
force to compel the Parliament to order, limit, and diſpoſe their proccedings
in ſuch manner as might beſt concur with the intentions of this dangerous and
potent Faction : And when one miſchievous Deſign, and Accempc of theirs
to bring on the Army againſt the Parliament, and the City of London had
been diſcovered and prevenced, they preſently undercook another of the
fame damnable Nature, with this Addition to it, to endeavour to make
the Scottiſh Army neutral, whilſt the Engliſh Army which they had
laboured to corrupt and invenome againſt us by their falſe and fande-
rous ſuggeſtions , ſhould execute their Malice to the ſubverſion of our
Religion, and the diſſolution of our Government. Thus they have been con-
tinually practiſing to diſturb the Peace, and Plotting the Deſtruction even of
all the Kings Dominions, and have employed their Emiſſaries and Agents in
chem, all for the promoting of their Deviliſh Deſigns, which the vigilancy of
thoſe who were well affected hath ſtill diſcovered and defeated before they were
ripe for Execution in England and Scotland; only in Ireland which was farther
oft, they have had time and opportunity to mould and prepare their work, and
had brought it to that perfection that they had poſſeſſed themſelves of that
whole Kingdom, totally ſubverted the Government of it, rooted out Religion,
and deſtroyed all the Proteſtants whom the conſcience of their duty to God,
their King and Country would not have permitted to joyn with them, if by
Gods wonderful providence their main enterprize upon the City and Caſtle of
Dublin, had not been decected and prevented upon the very Éve before it
thould have been executed. Notwithſtanding they have in other parts of that
Kingdom broken out into open Rebellion, ſurprized Towns and Caſtles,
Commiced Murders, Rapes, and other Villanies; and ſhaken off all bonds of
obedience to his Majeſty, and the Laws of the Realm ; and in general have
kindled ſuch a fire, as nothing but God's Infinite Bleſſing upon the wiſdom and
endeavours of this state will be able to quench it and certainly had not God
in his great Mercy unto this Land diſcovered and confounded their former De-
ſigns, we had been the Prologue to this Tragedy in Ireland, and had by this
time been made the lamentable ſpectacle of Miſery and Confuſion. And now
what hope have we but in God,when as the only means of our ſubſiſtence, and
Power of Reformation is under him in the Parliament. but what can we the
Commons without the conjunction of the Houſe of Lords; and what conjun-
&tion can we expect there, where the Biſhops and Recuſant Lords, are ſo nume-
rous and prevalent, that they are able to Croſs and Interrupt our beſt endea-
vours for Reformation, and by that means give advantage to this malignant
party to traduce our Proceedings? They infuſe into the People, that we mean
to aboliſh all Church-Government, and leave every Man to his own Fancy for
the Service and Worſhip of God, abſolving him of that obedience, which he
ows under God unto his Majeſty; whom we know to be intruſted with the Ec-
cleſiaſtical Law, as well as with the Temporal, to regulate all the Members of
the Church of England, by ſuch Rules of Order and Diſcipline as are eſtablithed
by Parliament which is his great Council, in all Affairs both in Church and
State. We confeſs our Intention is, and our Endeavors have been to reduce
within Bounds that exorbitant Power which the Prelates have aſſumed unto
themſelves fo contrary both to the Word of God, and to the Laws of the Land,
1
to
H
from the Scotch Rebellion to the King's. Murther. * 705
L
Decemb.
I 64.I.
11
1
HIPS
to which end we paſt the Bill for the removing them from their Temporal Po-
wer and Imployments, that ſo the better they might with Meckneſs apply
themſelves to the diſcharge of their Functions, which Bill themſelves oppoſed,
and were the principal Inſtruments of croſſing it.
And we do here declare, that it is far from our purpoſe or deſire to let Jooſe
the golden Rcins of Diſcipline and Government in the Church, to leave pri-
vate Perſons or particular Congregations to take up what form of divine Ser-
Vice they pleaſe; for we hold it requiſite that there ſhould be throughout the
whole Realm a Conformity to that Order which the Laws enjoyn, according
to the Word of God: and we deſire to unburthen the Conſciences of Men of
needleſs and ſuperſtitious Ceremonies, ſuppreſs Innovations, and take away the
Monuments of Idolatry. And the better to effect the intended Reformation :
we delire there may be a general Synod of the moſt Grave, Pious, Learned and
Judicious Divines of this Iſland, allifted with ſome from foreign Parts Profeſſing
the ſame Religion with us, who may conſider of all things neceſſary for the
Peace and good Government of the Church, and repreſent the reſults of their
Conſultations unto the Parliament to be there allowed of and confirmed, and
receive the Stamp of Authority, thereby to find Paſſage and Obedience through-
ont the Kingdom. They have maliciouſly charged us that we intend to deſtroy
and diſcourage Learning, whereas it is our chiefeſt Care and Deſire to advance
it, and to provide a competent Maintenance for conſcionable and preaching
Miniſters throughout the Kingdom, which will be a great Encouragement to
Scholars, and a certain means whereby the want, meanneſs and ignorance to
which a great part of the Clergy is now ſubject, will be prevented. And we
intend likewiſe to reform, and purge the Fountains of Learning the two Uni-
verſities, that the Streams flowing from thence may be clear and pure, and an
Honor and Comfort to the whole Land. They have ſtrained to blaſt our pro-
ceedings in Parliament, by wreſting the Interpretations of our Orders from
their genuine Intention. They tell the People that our medling with the power
of Epiſcopacy, hath cauſed Sectaries and Conventicles, when Idolatry and Po-
piln Ceremonies introduced into the Church by the command of the Biſhops,
have not only debarred the people from thence, but expelled them from the
Kingdom. Thus with Eliah we are called by this Malignant party the Troublers
of the State, and ſtill while we endeavor to reform their Abuſes, they make
us the Authors of thoſe Miſchiefs we ſtudy to prevent: for the perfecting of the
work begun and removing all future Impediments, we conceive theſe Courſes
will be very effectual, ſeeing the Religion of the Papiſts hath ſuch Principles as
do certainly tend to the Deſtruction and Extirpation of all Proteſtants when
they ſhall have opportunity to effect it.
It is necellary in the firſt place to keep them in ſuch Condition, as that they
may not be able to do us any hurt, and for avoiding of ſuch connivence and
favor as hath heretofore bin ſhewed unto them. That his Majeſty be pleaſed to
grant a ſtanding Commiſſion to ſome choice Men named in Parliament, who
may take notice of their increaſe their Counſels and Proceedings,and uſe all due
means by execution of the Laws to prevent any miſchievous deſigns againſt
the Peace and Safety of this Kingdom. That ſome good Courſe be taken to dif-
cover the counterfeit and falſe Conformity of Papiſts to the Church, by color
whereof Perſons very much diſaffected to the true Religion have been admitted
into Place of greateſt Authority and Truſt in the Kingdom.
For the better preſervation of the Laws and Liberties of the Kingdom, that
all illegal Grievances and Exactions be preſented and puniſhed at the Seſions,
ard Aſlizes : and that Judges and Juſtices be careful to give this in charge to
the Grand-Jury, and both the Sheriff and Juſtices to be ſworn to the due exe-
cution of the Petition of Right and other Laws: That his Majeſty be humbly
petitioned by both Houſes to imploy ſuch Counſellors, Ambaſſadors, and other
Miniſters in managing his Buſineſs at Home and Abroad; as the Parliament may
have Cauſe to confide in, without which we cannot give his Majeſty ſuch Sup-
plyes for ſupport of his own Eſtate, nor ſuch Alliſtance to the Proteſtant party
beyond the Sea as is deſired. It may often fall out that the Commons may have
juſt Cauſe to take Exceptions at ſome Men for being Counſellors, and yet not
charge thoſe Men with Crimes, for there be grounds of Diffidence which lye not
Vol. II.
XXXX 2
in
.!
1
1
1
1
/
1
706* An Impartial Colle&tion of all the memorable Events
1
Decemb. in Proof; there are others which though they may be proved, yet are not legal-
1 641.
ly Criminal; to be a known favorer of Papiſts, or to have been very forward
in defending or countenancing ſonie great Offenders queſtioned in Parliament,
or to ſpeak contemptuouſly of either Houſes of Parliament, or Parliamentary
Proceedings, or ſuch as are Factors or Agents for any Foreign Prince of ano-
ther Religion, ſuch as are juſtly ſuſpected to get Counſellors Places, or any
other of Truſt, concerning publick Imployment for Money : For all theſe and
diverſe others, we may have great reaſon to be earneſt with his Majeſty, not
to put his great Affairs into ſuch Hands, though we may be unwilling to
proceed againſt them in any Legal way of Charge or Impeachment: that all
Counſellors of State, may be ſworn to obſerve the Laws which concern the
Subject in his Liberty ; that they may likewiſe take an Oath not to receive,
or give Reward or Penſion from any Foreign Prince, but ſuch as they within
ſome reaſonable Time, diſcover to the Lords of his Majeſties Council. And
although they ſhould wickedly forſwear themſelves, yet itmay herein do good,
to make them known to be Falſe and Perjured to thoſe who imploy them, and
thereby bring them into as little Credit with them as with us ; that his Majeſty
may have cauſe to be in love with good Council and good Men, by ſhewing
him in an humble and dutiful Manner, how full of Advantage it would be to
himſelf to ſee his own Eſtate fetled in a plentiful Condition to ſupport his
Honor; to ſee his people united in Wayes of Duty to him, and indeavours
for the Publick Good; to fee Happineſs, Wealth, Peace and ſafety derived to
his own Kingdom, and procured to his Allies by the Influence of his own Po-
wer and Government. That all good Courſes may be taken to unite the two
Kingdoms of England and Scotland, to be mutually Aiding and Aſſiſting one
another, for the common Good of the Iſland, and the Honor of both; to take
away all Differences among our Selves, for Matters indifferent in their own
Nature concerning Religion, and to unite our felves againſt the Common Ene-
mies, which are the better enabled by our Diviſions to deſtroy us, as they
hope, and have often indeavoured to labor, by all Offices of Friendſhip
to unite
the Foreign Churches with us, in the fame Cauſe, and to ſeek their Liberty,
Safety and Proſperity, as bound thereunto, both by Charity to them, and by
Wiſdom for our own Good. For by this means, our Strength ſhall be increar-
ed, and by a mutual concurrence to the fame conimon end, we ſhall be enabled
to procure the good of the whole Body of the Proteſtant Profeſſion. If theſe
things may be obſerved, we doubt not, but God will Crown this Parliament,
with ſuch Succeſs, as ſhall be the Beginning and Foundation of more Honour
and Happineſs to his Majeſty, then ever yet was enjoyed by any of his Royal
Predeceſſors.
1
1.
1
Kit L
!
-
Thurſday,
December 2.
A Habeas Corpus was this day alſo Ordered to be ſent down to re-
move one William Chorley from Lancaſter Goal, to be Examined of Mat-
ters of great Conſequence.
His Majeſty came this day to the Houſe of Lords to paſs the Bill for
Tonnage and Poundage ; and being fate in the Chair of State, the
King gave Command to the Gentleman-Uſher to give the Houſe of
Commons notice to come up ; who being come, after three Obeyſan-
ces made, their Speaker made this Speech, as followeth.
.
;: !
11
HD
Th
ih
Speech at the
T
.
1
for Tonnage
7.
:!
TILL
Moſt Dread Sovereign,
The Speakers He Obſervation taken from the unlike Compoſitions, and various
Motions of the World, made the Philoſophers conclude, Tota hujus
Paffing the Bill
Mundi Concordia, ex Diſcordibus conftat." The happy Conjuncture of
and Poundage, both theſe Nations in the Triumph and Foy of your Sacred preſence,
extracted from the different and divided Opinions, give us caufe to ok
Serve and admire theſe bleſſed Effects from ſuch contrary Cauſes ; We
may
without Flattery commend your Sacred Majeſty, as the glorious In-
ſtrument
!",
1.
11
*
u
IH
'NI
.
1
I
I Spit
i
9
hm
*+1
V
MAH
I.
in with
3
דין ח ה
1
.
h
ht,111
ដ
1
+
from the Scotch Rebellion to the King's Murther: 707
1 641.
*
ܪ
141
1
ſtrument of this happy Change, whoſe Piety and Prudence, directed by1 Decemb.
the hand of God, hath contrafted this Union, from thoſe various diſ-
cords.
The ſtory of theſe times will ſeem Paradoxes in following Generati- * Moſt una
ons, when they ſhall bear of Peace Sprung from the Root of Dillention ; doubitedly :
Eſpecially that
of Union planted upon the ſtock of Diviſions ; two Armies in the Field, Rebellion
both ready to ſtrike the first blow, and both united wit host a ſtroke : No- ſhould be e-
thing can reduce theſe Truths into a belief ; but the knowledge of your aley, and the
Piety and Juſtice, who have ciccompliſhed theſe Acts of Wonder, by Gord- Ruin of the
neſ and Gentleneſs, without Force or Violence.
This way of Conqueſt, this Bellum Incruentum, hath been the Rule of
the moſt valiant and Puiſſant Monarchs, advancing Tour Glory, in the
Safeguard of one Subject more then in the Death of a Thouſand Enemies.
Thus have you Evečted a Monument of Glory to your Sacred Memory for
all Generations.
And as your Care and Piety for the welfare of your Northern Kingdom
called you to that Work, for the great Comfort of your People, which your
wiſdom hath ſo happily conſummated ; So now the Diſtemper of your other
Kingdom, fomented by the fame Spirit, whoſe preſence admits no Peace
in Iſrael, calls on your Providence to heal the Diſeaſes of that Nati-
Church a Rea
formation,
on.
The one from whence you returned hath with Abel, though the younger
Brother, offered an acceptable Sacrifice; the other with Cain hath Ere-
Eted Altars of Blood and Revenge, the Innovations of Jeſuitical Prieſt-
hood, which Invokes the neceſſity of your Juſtice : the one to a Natural,
hath added a Politic Brotherhood; the other of Brothers, I am ſorry to
ſay it, are become Strangers: The Fidelity of the one hath written a ſtory
of Admiration to the World ; the Diſloyalty of the other, hath Paralleld
that horrid Deſign, matchleſs before amongst all Generations ; firſt their
Intentions, the deſtruction of a Kingdom, even when Unity and Peace
was tying the knot of Religion and Safety : In the Diſcovery, a moment
of time prevented the Execution ; In the Actors, Jeſuits and Prieſts, with-
out whom, the malice of the Devil could not have found a Party in the
World, fitted to act over the like bloody Tragedy.
But this, among our many foys, we receive by your happy return, is not
the leaſt, That that Providence which protected that Gracious King your
moſt Religious Father from their bloody attempts, and encreaſed the bles-
Jing of a long and happy Reign, bath alſo. defended your Sacred Throne
from all their Machinations.
Thus we ſee, Religion is the greateſt Policy, the never-failing Support of
King and Kingdom ; that which firms you and your Poſterity to your
Throne, and our Duty and Obedience to it.
Give me leave here, moſt Gracious Sovereign, to ſum up the ſenſe of 11
Months Obſervation ; without intermiſſion, ſcarce of a day, nay an hour in
that day, to the hazard of Life and Fortune, and to reduce all into this
Concluſion, The endeavours of Tour Commons Aſſembled, guided by Tour
Pious and Religious Example, is to preſerve Religion in its Purity, with
out Mixture or Compoſition, againſt theſe ſubtile Invaders; and with our
Lives and Fortunes to Eſtabliſh theſe Thrones to your Sacred Perſon, and
thoſe Beams of Majeſty, Tour Royal Progeny, againſt all Treaſon and Rea
bellion.
The Way that conduces to this Exd, are the Defence of the Land and
Sea; for the one we have already. Voted to raiſe Mony; for the other,
this
1
1
..
708 An Impartial Collection of all the memorable Events
;
Decemb. Ithis Bill in ſome Meaſure will accompliſh for a little time
and to that
16 41. end, 1, by the Command of the Commons, humbly befeech Tour Royal Af-
ſent.
This being done, the Bill was paſſed by His Majeſty, according to
the uſual and accuſtomed Form. Then the King made this enſuing
Speech.
1
(
The King's
Speech after
his Return
from Scotland
Dec. 2. 1641.
I
66
My Lords, and Gentlemen,
Think it fit, after ſo long abſence, at this firſt occaſion to ſpeak
a few words unto you : But it is no ways in Anſwer to Mr.
Speaker's Learned Speech.
“ Albeit I have ſtayed longer than I expected to have done when I
went away, yet in this I have kept my promiſe with you, that I have
inade all the haſte back again, that the ſetling of My Scotch Affairs
could any ways permit. In which I have had ſo good ſucceſs, that
I will confidently affirm to you, that I have left that Natjon a moſt
peaceable and contented People: So that although I have a little
miſreckoned in Time, yet I was not deceived in My End.
“ But if I have deceived your expectations a little in the time of My
return, yet I am aſſured that My expectation is as much and more
“ deceived in the condition wherein I hoped to have found ſome buſi-
“ neſſes at My return. For ſince that before My going I ſetled the Li-
berties of My Subjects, and gave the Law a free and orderly Courſe, I
expected to have found My People reaping the Fruits of theſe benefits
by living in quietneſs and ſatisfaction of mind : But inſtead of this, I
“ find them diſturbed with Jealouſies, Frights and Alarms of dangerous
Deſigns and Plots; in Conſequence of which, Guards have been fet
to defend both Houſes. I ſay not this as in doubt that My Subjects
“ Affections are any way leſſened to Me in this time of My abſence,
“ for I cannot but remember, to My great comfort, the joyful recepti-
on I had now at my Entry into London; but rather, as I hope, tlat
My preſence will eaſily diſperſe theſe Fears : For I bring as perfect
and true' Affections to My People, as ever Prince did, or as good
Subjects can poſſibly deſire. And I am ſo far from repenting Me of
any Act I have done this Seſſion for the good of My People, that
I proteſt if it were to do again, I would do it; and will yet grant
“ what elſe can be juſtly deſired, for ſatisfaction in point of Liber-
ties, or in maintenance of the True Religion that is here Eſtabli-
C
66 ſhed.
1
06
“ Now I have but one particular to recommend unto you at this
time, it is Ireland; for which though I doubt not your care, yet me-
thinks the preparations for it go but ſlowly on. The occaſion is the
“ fitter for Me now to mention it, becauſe of the Arrival of two Lords
“ from Scotland, who come inſtructed from My Council there who
now by Act of Parliament have full Power for that purpoſe ) to An-
ſwer that Demand, which it pleaſed both Houſes to make of Me by
way of Petition, that met Me at Berwick ; and which the Duke of
“ Richmond ſent back by My Command, to my Scotch Council. There-
fore My deſire is, That both Houſes would appoint a Select Commit-
tee' to end this buſineſs with theſe Noblemen.
1
"I
+
.
IKU
}
14
li
:
.
4
from tbe Scotch Rebellion to the King's Murtber. 709
I muſt conclude in telling you, That I ſeek My Peoples Happy- | Decemb.
“ neſs; For their Flouriſhing is My greateſt Glory, and their Affections
1 641.
My greateſt Strength.
The King having Ended his Speech, he departed, and the Commons
returned to their Houſe.
Biſhop of Here-
Upon the Petition of the Biſhop of Hereford, It was Ordered, That
fid cxcuſed
he having paid 60 l. for Poll-money, ſhall be freed from any further Pay- from paying
ments for the ſame and ſhall not pay after the Rate of Tenths becauſe he is one part of
his .
freed from paying of Tenths under the Great Seal of England, and that upon
good and valuable Conſiderations, divers Mannors having been taken from
the Biſhoprick of Hereford, in the beginning of the Reign of QueenElizabeth.
The Lord Chief Juſtice of the Kings-Bench Reported, That the Judges the Statutes in
have conſidered the
Laws and Statutes of this Kingdom, for preventing of force againſt
Riots, Routs, and unlawful Aſſemblies, and they are of Opinion, That the Riots
, Routs
,
beſt way is tó ißue forth Writs according to the Statute of 2 H. 5. cap. 8.
Which Statute was preſently read, and it was Ordered, That the Lord
Keeper ſhould forthwith ißue forth Writs to the Sheriffs and Juſtices of
the Peace of the City of London, and the Counties of Middleſex and Şur-
rey, and to the Juſtices of the Peace of the City of Weſtminſter, according
to the aforeſaid Statute, concerning Riots, Routs,&c. and the Judges to be
adviſed withall for the Form of the ſaid Writs.
The Tumults
But the Tumults found too much Countenance among the Faction in
incouraged by
the Commons Houſe, where they were indeed promoted and incou- the Fadion of
raged, as is Evident by the adjournment of the conſideration of them the Commons.
this day in their Houſe, that having been yeſterday ordered to be de-
bated, and ſo they were adjourned de die in diem; which plainly ma-
nifeſts the tenderneſs they had for the Rioters, and the Uſe they intend-
ed to make of theſe Tumultuous and Unlawful Aſſemblies, which was
to Terrifie the Lords to a compliance with their deſires in cutting off a
Limb from the Body of their Houſe, by Excluding the Biſhops, as before
they had by the ſame Method prevailed in paſſing the Bill to cut off the
Wife and Noble Head of the Earl of Strafford.
1
-
Declaration.
* Sir Ed. DUY
ing upon
Sir Ralph Hopton Reported, That laſt Night in the Evening the Com- The Report
mittee appointed to attend His Majeſty with the ·Petition of the Houſe of received the
Commons and the Declaration annexed, came to Hampton-Court, and Şir Pecition and
Richard Winn (I may name him upon this Occaſion) gave his Majeſty No-
tice of our being there ; and within a quarter of an hour, the King, Sent a
Gentleman to call us in, with Directions that none ſhould come in but the
Committee alone, who did all of them preſent themſelves upon their Knees,
and my ſelf, in obedience to the Order of the Houſe in the Abſence of * an-
other deſigned for that Service, did begin to read the Petition kneeling; whom they
but his Majeſty would not permit us to kneel, but commanded us all roriſë, had impoſed
and ſo read it ; the firſt Obſervation His Majeſty made, was at that part| Task, he being
of the Petition,that charges the Malignant Party with the deſign to change now fallen into
Religion ; To which His Majeſty ſaid with a great deal of fervency, The their diſplea-
Devil take him, whomſoever he be, that had a Deſign to change Reli-
gịon. I then proceeded, and when I came to that part of the Petition, for
reſerving the diſpoſal of the Lands of the Rebels in Ireland,&c. his Ma-
jeſty was pleaſed to ſay, We muſt not diſpoſe of the Bears Skin till he be
dead. After the Petition was read, his Majesty deſired to ask us ſome
Queſtions ;
ſure.
1
*
*
.
was carried
1
Hollis reſtored
1
710
An Impartial Colle&tion of all the memorable Events
Decemb. Queſtions ; we anſwered, We had no Commiſſion to ſpeak any thing concern-
1641. ing this buſineſs
. Then, ſaid be, you may ſpeak as particular men; and
ſaid, Doth the Houſe intend to publiſh this Declaration ?
We anſwer
* And yet it
ed, We could give no Anſwer unto it. Well then ! ſaid He, I ſuppoſe
before againſt you do not now Expect an Anſwer unto ſo long a Petition And this
Printing it but let me tell you, I have left Scotland well and in Peace, they are all fatif-
by 124 fotot fied with me, and I with them; and thô I ſtaid longer there than I
Munday 22 No. Expected, yet I think if I had not gone, you had not been rid ſo ſoon
of the Armies : I ſhall give you an Anſwer to this buſineſs with as much
ſpeed as the weightineſs of the buſineſs will permit. And ſo He gave us
all his Hand to kiſ, and afterwards ſent Mr. Comptroller to us with this
Meſage to be delivered to the Houſe, That there might be no publiſh-
ing of the Declaration till the Houſe had received his Majeſties Anſwer.
We were all Entertained by Mr. Comptroller with great Reſpect and Lodg-
ed by the King's Harbinger.
This Day Mr. Fervaiſe Hollis
, who had formerly been Expulled the
Mr. farvaiſ
Houſe for å Speech which he made with a great ſtrength of Reaſon and
to his place in Courage, but more heat than the Times would bear, againſt the tame
the House of Compliances with the Scottiſh Army then in England, was reſtored to
his place to ſit as a Member of the Houſe of Commons.
The Debate about the Tumults, was, as it liad been the day before,
adjourned till to morrow.
The Earl of Bath Reported the Conference had this Day with the
Friday;
Decemb. 3.
Commons,That they did let their Lordſhips know,That whereas there were
divers Waggons and Carts loaden with Arms and Ammunition from the
ſent from the Tower of London, to be conveyed 10 Weſt-Cheſter, and to be shipped for
Ireland which were but ſlenderly Guarded, therefore they deſire that their
Lordſhips would be pleaſed to joyn with them to move his Majeſty, to give
Order to the Sheriffs of the ſeveral Counties through which they are to
paſ, That they may be guarded ſafely to Weſt-Cheſter. To which the
Lords agreed.
Alſo, That Information was given, That a Ship was lately diſcovered in
Milford-Haven loaden with Arms and Ammunition, and that it is re-
ported, the Men in her be French-men, but they Speak Engliſh; and that
another Ship, as they are informed, is in the Haven of Aberdoney in
Cardiganſhire, and the Men buy up the Proviſions of that Country ; That
two Men which were in that Ship,they underſtand are now in Town, Where-
upon, the Lords Ordered that they ſhould be ſent for, to be Examined
concerning this buſineſs.
It will poſſibly to ſome perſons appear very ſuperfluous, to take notice
of ſuch trifling paſſages as theſe Informations and the Neceſſity of Guard-
ing the Waggons to Welt-Cheſter; but it is to be conſidered, That as
trifling as theſe things now may ſeem to be, the Faction, induſtriouſly
pickt up
all ſuch Informations, and made Extraordinary Uſe of theſe lit-
tle Arts to facilitate their Great Deſign: for now the Kingdom was to be
put into a Poſture of Defence, as they termed it, that was, they intend-
ed to wreſt from the King the Power of the Sword, the Militia of the
Nation ; and nothing could be more ſerviceable to them, in amuſing
the People with imaginary Dangers of French Ships laden with Arms
and Ammunition, and French-men that ſpeak Engliſh, and conſequently
Fears of Forreign Invaſions,gc. than theſe ſtories, which being ſpread
abroad,
Ammunition
1
Tower for
Ireland,
1
1
1
2
coment
hi -
INI
:
Commiſſioners
1
1
1
+
from the Scotch Rebellion to the King's Murther.
911
abroad, and ſufficiently magnified by running from hand to hand, gave Decemb.
a Countenance to their unjuſt Demands of ſettling the Militia, and put- 16.4.1,
ing the Kingdom into this poſture of Defence.
The King having acquainted the Lords, That Certain Commiſſioners
were come from Scotland to Treat with both Houſes of Parliament con-
cerning the. Aſſiſtance for Ireland, and to ſettle all the Condition and
State of the Warr, the Lords Appointed and Nominated the Earl of of both Houſes
Bedford, and the Earl of Leiceſter Lord Lieutenant of Ireland, and the appointed to
Lord Howard of Eſcrick ; and the Commons, Nathanael Fynes Eſquire, Scots Commif-
Sir William Armyn Baronet, Sir Phillip Stapleton Knight, and John fioners con-
Hampden Eſquire, to be Commiſſioners to be Empowered by the King's flance for
Commiſſion to Treat with the ſaid Scottiſh Commiſſioners, who were Ireland.
to acquaint his Majeſty and the Parliament with their Proceedings be-
fore they came to any final Concluſion.
The Councel of the Impeached Biſhops were called in to be heard in | The Biſhops
that affair, who informed their Lordſhips, That the Cauſe will not be fit Plea and De-
for hearing, until the Biſhops have put in their Anſwers; for until then, argued Tues
:
there can be no I lue joyned, and they conceive no Anſwer can be made in- day Dec. 7
til the Charge be particular, therefore the Biſhops abide by their Plea and
Demurrer.
Whereupon, the Houſe Ordered, That the Councel for the Biſhops ſhall
be heard at the Barr what they can ſay in maintenance of the Plea and
Demurrer to the Impeachment brought up from the Houſe of Commons
againſt the Biſhops, on Tueſday the 7th of this inſtant December, at which
time and place, the Houſe of Commons, or ſuch of their Members as they
ſhall appoint, may be preſent if they pleaſe
. And a Meſſage was ſent by
Sir Robert Rich and Dr. Bennet to acquaint them with this Order.
Phillips the Prieſt was this Day, according to a former Order, Bailed, Phillips the
upon conditions not to go to Court,&c. as before.
Two Bills were brought up from the Commons by Sir William Lewis,
the One Entituled, An Act for the better raiſing and levying of Soldiers,
for the preſent Defence of the Kingdoms of England and Ireland. The
other, "For Relief of Captives taken by Turkiſh Pyrates, and to prevent
the same for the time to come.
Little of moment paſſed in the Commons Houſe, beſides the reading
and paſſing the above named Bills and Meſſages before recited about the
Biſhops,&c. only, the Debate of the Tumults was again put off till to
morrow, and Monſieur St. Germain a French-man, whoſe cloſe Impriſon- St. Germain
ment with ſtrict Orders, That no perſon ſhould ſpeak with him but in
man releaſed.
the preſence of a Keeper,&c. which had made a mighty noiſe about the
Town, and ſo anſwered the deſign why he was taken up, was this day
by Order of the Commons diſcharged from his Impriſonment.
This day, Sir George Whitmore, Mr. Cordall, Mr. Soame, Mr. Gayer, Several Alder-
:
Mr. Garret, Mr. Wollaſton, and the two Sheriffs of London, being all Al-Sheriffs and
dermen of the fame City, together with the Recorder, by virtue of an Recorder of
Act of Common Council attended his Majeſty at Hampton-Court to ren- the kingiae
der him the Thanks of the City for his gracious favour done them by Hampton-Cours
.
affording them his Royal Preſence, and giving ſo great Teſtimonies of
his Affection and Kindneſs to the City. They were conducted to His
Majeſty by the Earl of Dorſet Lord Chamberlain to the Queen, and Sir
Peter Wiche Comptroller to his Majeſty ; where, after they had return-
ed the Humble Thanks of the City to his Majeſty for his former Fa-
vours, they offered theſe two humble Petitions,
Vol. II.
Yyyy
Firſt,
Prieſt bailed.
4
the French
4
1
?
5
*.
3
212 An Impartial Collection of all the memorable Events
*
the Tumulis.
Several Alder-
men of the Ci.
Decemb.
I 641.
Firſt, That their Majeſties would vouchſafe this Honor to the City, if
it might ſtand with their good Pleaſures, to make their Reſidence at this
Seaſon of the Year at the Palace of Whitehall,
The Second was, That whereas ſince his Majeſties happy Return, there
had been fome late diſorders at Weſtminſter, among Some People met there;
They diſavow That their Majeſties would not impute this to the Body of the city, or to
the better fort of Citizens, That they held it a Misfortune aad a Scandal
. unto them, that when thoſe Diſorders were mentioned, the City was named
with it; and that their deſire was to vindicate themſelves, and in ſome
fort redeem their Credit by publiquely diſavowing it.
To which the King was pleaſed graciouſly to Anſwer,
T
Hat he was very well pleaſed with the Hearty and Loyal Affeftions
of the Citizens, for which he gave them great Thanks; and though
He and the Queen had before purpoſed to Winter at Hampton-Court, yer.
being now fully perſuaded, that the Lord Mayor and Aldermen, and the
moſt conſiderable Citizens of London, had not
any hand in the Diſorders
and Tumults at Weſtminſter, he intended, and so he knew Her Majeſty
The King pro. would, to alter bis Reſolution, and with all convenient Speed repair to
his Christmas White-hall
, there to keep their Chriſtmas, and be ready to do any thing
at While-Hallo elfe, that might promote the Trade of the City, hoping they would joyn
with him in taking ſome Courſe for prevention of the like Diſorders for
the future.
After which the Recorder and Sir George Whitmore having killed his
ty of London Royal Hand, the next Alderman in Seniority knceled down, to receive
Knighted.
the ſame Favour, when his Majeſty, inſtead thereof, drawing a Sword,
conferred the Honor of Knighthood upon Five of them and the two She-
riffs, the Recorder and Sir George Whitmore having received that Favor
before: After which they were nobly Entertained by his Majeſties Com-
mand, by the Earl of Dorſet and Mr. Comptroller at Dinner; and His
Majeſty and the Queen ſent two Gentlemen to let them know, That
they had remembred the Health of the Lord Mayor and the whole City;
And ſo to the Mutual Satisfaction both of his Majeſty and the City, to
whom they were to carry this account, they returned to London. But
all theſe fair hopes were quickly blaſted in the bud, and that Loyal Party
of the City were deprived by the Envy of that Domineering Faction,
who diſpoñeſſed them not long after by Force and Tumults, not only
of all Power of Aſſiſting his Majeſty, but of protecting themſelves from
moſt Barbarous Outrages and Violences.
Mr. Pym and others were this day appointed to be á Committee to
prepare Heads för à Conference with the Lords, and to acquaint them
what Bills this Houſe hath paſſed and fent up to their Lordſhips which
much concern the Safety of the Kingdom, but have had no Conſent of their
Lordſhips into them; and that this
. Houfe being the Repreſentative Body
of the ivhole Kingdom, and their Lordſhips
being but as particular Perfons,
and coming to Parliament in a particular Capacity, that if they ſhall not
be pleaſed to conſent to the palling of thoſe Atts, and others neceſary for
the Preſervation and Safety of the Kingdom, That then this Houſe toge-
ther with ſuch of the Lords that are more ſenſible of the Safety of the
King-
!
1
1
1
1.
1
Ի
19
become the Duty of me, his meaneſt Subject, in all bumility to be-
from the Scotch Rebellion to the King's Mürtber.
*713
Kingdom; may joyn together, and repreſent the ſame to Iris Majeſty: They Decemb
are likewiſe to take into Conſideration fome Courſe for the Guarding of the 164 In
Towns of Hull and Newcaſtle.
Thus early did the Democratique ſpirit begin to dhew it felf, and their
telling the Lords that they came to the Parliament and fate there only
as particular perſons, that is, in a private Capacity, is a clear Teſtimony
what a Mean Eſteem they had of that Honourable and Supream Court
of Judicature, and what little Intereſt they thought they had in the Ma-
nagement of Publique Affairs; and in Effect a plain intimation what they
were to Expect if they did not joyn with the Faction in what ever they
dlould Vote was for the Good, the Preſervation and Safety of the King-
dome.
The Faction indeed, now began to be ſo Rampant in the Commons
Houſe, they Encouraging the Tumults, and the Tumults Enlivening
them, that Speaker Lenthall either grew weary of the Chair, or at leaſt,
in hopes of getting ſomething for holding it longer, to pretend ſo; and
I find in the Raper-Office two Letters of his to Sir Edward Nicholas,
bearing date as this day, to that purpoſe ; had he then had the good
Fortune to quit that Seat, he might have Eſcaped the Brand of Intamy
which to the Worlds End will lye upon his Name; for being the Mouth
of that Houſe, which pronounced to many Miſeries, Murders, Warrs,
Deſtructions, Deſolations and Diſmal Events to the Engliſh Nation. The
Letters were in theſe Words:
Right Honorable, moſt Noble Sir,
Speaker Len-
TE
HE Aßurance of your Noble Favours,imboldens me to commit to your shall's Letter
Care, the greatest Concernment that ever. yet befel me; the Deſire to Sir Eaward
being inforced by an unàvoydalle Neceſſity. I have now in this Imployment quit of the
Spent almoſt 14 Months, which hath fo:Exhauſted the Labours of 25 Tears, Chait
.
that I am inforced to fly to the Sanctuary of His Sacred Majeſty's Mercy.
Could I ſuppoſe, that my humble Suit, grounded on the full Expreſlion of
Duty and Obedience, Jhould have other interpretation, or ſeem unfit in the
deep Judgment of his Sacred Majeſty, I ſhould then deſre my Thoughts
might periſh in their firſt Conception, ſo willing am I torffer my Self and
Fortune a Sacrifice for his Royal Service: "but in that I hope it cannot, I
muſt humbly deſire your Honor, on my behalf, in the loweſt poſture of Obe-
dience, to craze of his Sacred Majeſty his-Royal Leave, that I may uſe my
beft Endeavours to the Houſe of Commons, to be quit of this Employment,
and to retire back to my former private life, that whilst I have ſome abi-
fity of Body left, I may endeavour that, without which, I cannot but Ex.
pect a Ruin, and put a badge of Extream Poverty upon' my Children. The
apprehenfion of my SpeedyEnſuing miſery,is that hath begot this moſt humble
Request, but ſtill with that due regard of my Obedience and Dury, that
no Earthly confideration ſhall ever Encourage the leaſt of Thoughts, that
may tend to the retardment of his Royal Commands. Sir, This being prea
ſented to your Honourable Care, aßures me of ſuch a Succeſful way, as ſhall
1
1
ever.
feech. Thus am I imboldened humbly to declare the Refolution and De-
fires of
Your Honors moſt Obedient Servant,
Decemb:3. 1641.
William Lenthall.
Yyyy 2
But
Vol. II.
sܕ݁ܫܨ ܬ݁ܶܕ݁
1
714 An Impartial Collection of all the memorable Events
Decemb. But his Heart miſgiving him it ſeems, and for fear the King ſhould
1 64'1: take him at his Word, and leave him to his Liberty to propoſe to the
Houſe the chaice of a new Speaker, he incloſed in the former another
Paper in theſe words:
1
M
Right Honourable,
A Y it pleaſe your Honor, if this other way do not také, if you
may find opportunity, without prejudice to your ſelf, let me intrear
you to incline his Majeſty, to recommend me to the Conſideration
of the Houſe, by which means, I may hope of ſome fatisfaction: but this is
totally left to your Honor's Confideration
as opportunity offers, and your
Honor thinks fit in your own fudgment. Thus humbly Craving pardon for
this great. Preſumption, I can ſafely ſay no man lives that is more
Your Honors moſt humble Servant,
1
1
William Lenthall.
ſent to the
Tower for
i-
Saturday,
The Lord Keeper being indiſpoſed, craved leave of the Houſe to re-
Decemb. 1.
tire for ſome time for the Recovery of his healtlı; which bring granted,
this day the Lord Chief Juſtice of the Common-Plens, by the Command
of the Houſe fate as Speaker, the Lord Privy Seal having performed the
Office for ſome part of the day preceding.
And little of moment paſſed this day more then that the Lord Cham-
berlain was appointed to move his Majeſty to Command the Sheriffs of
the ſeveral Counties through which the Arms and Munition were to paſs
to Cheſter, to take care of the Safe Guarding of them.
Chilling worth In the Commons Houſe Mr.Chillingworth a Member was ſent to the
Tower, for ſpeaking ſome words which gave offence to the Houſe, by
words ſpoken declaring his judgment, in offering at his Inſtances concerning depo-
in the Houſe. ſing of Princes. It was too early day yet to broach theſe Doctrines,
and the Gentleman was to be made an Example for this raſh Intempe-
rance of liis Tongue; and certainly the Faction could not, if it had
been a forelaid occaſion, have done themſelves a more Serviceable and
Popular kindneſs; for this was to let the whole Nation know, that they
had ſuch a tenderneſs of Loyalty and Duty for the King, that their
chait Ears could not indure the ingrateful ſound of Depoſing Kings,
though in Inſtances of the remoteſt diſtance ; and then the natural
Conſequence of this muſt be, That they who had ſuch averſions and
abhorrency to Treaſonous Poſitions, and Preſidents at ſuch a Diſtance.
could have no evil Intentions againſt their King, though they asked of
hiin tò diveſt himſelf of the Power of the Sword, and other Royal Pre-
rogatives, and in effect all that made him an Actual, or more then a
Titular King
Mr. Daniel O Neal was this day again Examined concerning the Plot
of bringing up the Army againſt the Parliament.
The confideration of the Tumults was this day alſo put off-again.
Little was done this day in the Houſe of Lords, more then reading
Monday,
of the Bill for Captives taken by Turkiſh Pyrats, and the Bill for Raiſing
Men for the defence of England and Trēland, which received many al-
terations and amendments, which were to be delivered to the Com-
mons at a Conference.
Decemb. 6.
In
The Reaſoris
of the Com-
VH
gainſt the Bi.
Demurrer.
1
from the Scotch Rebellion to the King's Murther.
215
In the Commons Houſe Mr. Glyn Reported from the Committee the Decemb.
Reaſons to be offered to the Lords, for admitting this Houſe to bring 16 4.15
their proof againſt the 13 Biſhops formerly Impeached.
That the Committee conceive this Courſe to be moft fit to be held in
the management of this Conference, to make a Narration of the Proceed- mons to come
ings ſince
the first Impeachment, and of the Votes of both Houſes concern-
to a hearing a
ing the Canons.
ſhops notavith-
Firſt, That it is Voted by both. Horfes, That the Canons, &c. made ſtanding their
by tle late Convocation, do contain in thèm matters contrary to the King's
Prerogative, to the Fundamental Laws of the Land, againſt the Liberty
of the Subject, ile Property of their Eſtate, and tending to Sedition, and
of dangerous Conſequence.
That theſe Canons being thus Voted by beth Houſes of Parliament, and
to bring the Principal of the Perſons in the making of thoſe Canons to
Judgment; according to their demerit. The Houſe of commons did the
4th of Auguſt laſt, by word of Mouth, Impeach at the Bar of the Houſe of
Lords theſe 13 Biſhops by name, and then deſired, That they might be
put to Anſwer in the preſence of the Commons : That becauſe ſome Obje-
Etions were made, That that Impeachment was too general, the Houſe of
Commons did the 13th of the. Jame Month Impeach the ſaid Biſiops at the
Bar of the Lords Houſe, and this Impeachment to be read at the Confe-
rence; which did declare, That All and every the faid Canons, Sc. were
and are contrary.to the King's Prerogative, and the Fundamental Laws
of the Land,&c. And were ſo contrived, made, and promulged by them, &c.
And that therefore they might be put to Anſwer in the preſence of the
That in both theſe charges, the Commons did deſire that the 13 Bi-
ſhops might be put to Anſwer in the preſence of the Commons
. That af-
terwards the Biſhops had ſeveral days given thein 10 Anſwer, and at lajt,
the 10th of November laſt was appointed peremptorily unto them to An-
ſwer : That when the roth of November came, theſe Biſhops put in a Wri-
ting which they call
, A Plca and Demurrer, which Writing the Lords fent
down to the Houſe of Commons ; upon notice of which Writing, which they
term, A Plea and Demurrer, wherein they neither confeß nor deny the
Fakt; this Houſe did defore the Lords to appoint a Day when they might
come and make good their Charge againſt them.
That the Lords ſent a Meſſage to this Houſe, that tley had Ordered
to Morrow to hear the Council of the Biſhops upon their Plea and Demar-
rer; and that ſuch Members of this Houſe, as the Houſe Jhall think fit-
ting, may be there preſent. This for the matter of the Narration.
That
upon
this the Committee have drawn theſe Concluſions, That it ap-
peareth by the Meſsage from the Lords, they were Impeached 4to Auguſti;
and that divers days were given them to Anſwer, and peremptorily the
foth of November, 1641. That they made no Anſwer, lut put in a Plea
and Demurrer, as they call it : And that therefore their Demurrer ought
not to be admitted, becauſe their Defence ought not to be made to the
Impeachment of the Houſe of Commons, but in their preſence, and that
the Commons ought to be thereunto called And that in all Courts of Ju-
ſtice it is ſo, that the Party concerned ought to be called to all Anſwers,
Pleas and Demurrers; for otherwiſe miſtakes might ariſe, which by be-
ing preſent might be rectified; as in this caſe, for if the Commons had
been preſent when the Biſhops made their Anſwer, there would not have
been!
Commons.
1
$
1
.
11
1
.
716 An Impartial Collection of all the memorable Events
Decemb. | been that miſtake, for that upon ſearch it appears, in the Lords Books
16 41. that the ſecond Impeachment, whereby all Arguments of incertainty were
taken away, and which ſupplied any defects in the firſt, as in this particu-
lar. [ All and Every the ſaid Canons) were ſo Expreſſed in the ſecond
Charge, and yet not ſo entred in the Lords Book of Fournals, which would
have been rectified, if the Commons had been preſent at their Anſwer.
So in regard of this inconveniency, the Commons ought to have been ad-
mitted to be there preſent.
Next, that the Charge conſiſting of meer matter of fact, not done
above a year before, they ought to be called to Anſiver to the matter of
Fact, and not to tender a thing called a Plea and Demurrer.
As alſo that the Commons conceive they ought to have been called, in
this Caſe ; for that they have deſired it in loth their Chargés, to be pre-
Sent at their Anſiver, and that it was their Right to have been called.
Further, They obſerve the long delay to the Commons, for that they
having charged theſe 13 Biſhops long ſince for meer matter of fact, to be
brought so late to Anſiver, may introduce great inconveniencies in this
particular, and in the Conſequences, and is not Exampled by former Pre-
cedents.
That therefore upon theſe Grounds the Commons deſire the Lords, they
may lie admitted to make good their proof againſt theſe 13 Bill.ops, and
that they may be brought to Judgment.
Tueſday, It was this day Ordered by the Lords, That, Foraſmuch as the Cauſe
Dceenib. 7.
between Smith and Busby in a Writ of Error, decidable in no other Court
in Parliaruent but in Parliament, in regard the Suit was commenced by. Original Writ,
determinable and depending long before the Lords here, it having been fundry days at-
tended for Argument with Counſel
. And being it is a matter in Law,
the preſence of the Judges is thought needful, and ſo cannot be heard in
the Term without prejudice to the ſeveral Courts of Weſtminster-Hall :
It is therefore Ordered by this Houſe, That the ſaid Caſe ſhall be argued
at this Bat on Thurſday Sevennight next, being, the 16th of this Inſtant
December, and ihe Judges are deſired to be preſent at the ſaid argu-
ment. And further, That the Parties of either ſide, or their Council
are to attend and come prepared for arguing and debating the points in
the ſaid Caſe at their perils.
The following Commiſſion to give Power to the Engliſh Commiſſio-
ners of both Houſes, to Treat with the Scots Commiſlioners touching
the Affairs of Ireland was read, viz.
Some Cauſcs
1
Court.
1
The King's
Commillion to
leveral Lords
millioners
NH AR LĖS by the Grace of God, &c. To Our right Truſty, and
right Well-beloved Couſin William Earl of Bedford ; and to Our
and Commons right Truſty, and right Well-beloved Couſin and Councellor Robert Earl of
flic Scots Com- Leiceſter, Lieutenant General and Governor General of Our Realm of Ire-
land: as alſo to Our ?'ruſty and right Well-beloved Edward Lord Howard
concerning af of Eſcrick : and likewiſe to Our Truſty and right. Well-belazed Nathanael
Fines Eſq; Sir William Armyn Baronet, Sir Philip Stapleton Knight,
Jolin Hampden Efq;
- Greeting. Know ye; That We repoſing aſured Truji
and Confidence in your approved Wiſdoms, Fidelities, and great Abili-
ties
, have Nominated, Conſtituted and appointed you to be our Commif-
foners, and by theſe preſents do give full Power and. Authority unto you,
Three or more of you, whereof the ſaid Earl of -Bedford, Earl of
Leiceſter,
ſiſtance for
Ireland.
|
or any
I with
1
Hy
1
by
1
1
i
.
1
1
1
*****
3
$
Murther. 717
1
1
7
from the Scotch Rebellion to the King's Murther.
Leiceſter, or Lord Howard to be one, to Treat and Conſult with Our Righty Decemb.
Truſty, and Right Well beloved Colins William Earl of Lothian, and John 1641.
Earl of Lindſay
Our Commiſſioners of Our Scottiſh Nation, of and concern-
ing Our Iriſh Affairs, for the quieting and ſuppreſling of all Tumults, In-
ſurrections and Rebellions moved, and raiſed in Our Realm of Ireland, and
ſettling Peace and Tranquillity therein according to ſuch Inſtructions, and
Directions, as you ſhall bereafter from time to time receive from Vs in that
behalf
. Wherefore We Will
, Require, and Command you, or any three or
more of you, whereof the ſaid Earl of Bedford, Earl of Leiceſter,and Lord
Howard to be one, forthwith, with all diligence to attend the Execution of
this Our Commiſion accordingly: And whatſoever you ſhall do in this be-
half, according to the Tenor hereof, this Our Commillion ſhall be your ſufi-
cient Warrant and Diſcharge for the ſame. Witneſs Our Self at Weſtmin-
ſter the 7th day of December, in the 17th Tear of Oür Reign,&c.
The late Biſhop of Lincoln now Archbiſhop of Tork, Reported the Late Biſhop of
Conference with the Commons Yeſterday concerning the Impeached Lincoln, noin
Biſhops, which becauſe it differs from the Heads Reported for that pur-York, Reports
poſe by Mr. Glyn in the Commons Journal, I thought it not amiffs to che conference
inſert.
concerning
the Biſhops
His Grace Reported, That Mr. Glyn ſaid, That the Knights, Citizens Impeached.
and Burgeſſes of the Houſe of Commons, having lately received a Meſage
from their Lordſhips, that their Lordſhips had appointed this day to hear
the Plea and Demurrer of the Biſhops, and that ſuch of the Houſe of Com-
mons might be there as they thought fitting,commanded him to deliver unto
their Lordſhips theſe Particulars.
That the Canons and Conſtitutions in Queſtion were voted by both How-
ſes to contain Matters contrary to the King's Prerogative, the Laws of the
Land, the Right of Parliament, the Propriety and Liberty of the Sub-
ject, and
many mariers tending to Sedition and of dangerox's Conſequence.
That thereupon, the Houſe of Commons to the intent to bring this Matter
to Judgment, brought up their Impeachment of the 13 Biſhops 4th Augu-
fti laft, which was read verbatim. This was all that was acted 40. Au-
gusti.
But leaſt this Impeachment might prove too general, they brought
up a ſecond Charge or Impeachment 13 Auguſti, which was read in
hæc verba.
Whereas the Knights, Citizens,&c. which to avoid Tautologies, the
Reader may ſee before in the Tranſactions of the 13 Auguft.
By the bringing of this ſecond Impeachment, the Houſe of Commons con-
ceive, they had
ſatisfied two main objections,
(1.) That the Book of Canons and Conſtitutions, was not particularly
inſtanced upon in the first, which now they punctually deliver with the
Impeachment.
(2.) That they had not before charged any thing in particular, but now
they did ; That all and every the ſaid Canons and Conftitutions and Grants
of Benevolence,&c. were arid are contrary,&c. as in the Vote.' And here-
upon they deſired the 13 Biſhops might be put to their Anſwers; and yet
for all this Defire of the Commons 13. Auguſti, they had ſeveral times
;
which Ipent almost a Quarter of a Tear, given them to anſwer in. Their
Laft and peremptory day was the roth of November laſt, and then they put
A
i
!
in
!
718 An Impartial Collection of all the memorable Events
Decemb.
I
in nd Anſwer at all, but a certain Writing, which they are pleaſed to call
a Plea and Demurrer. Upón notice hereof, the Houſe of Commons returned
an Anſwer, That whereas, they had impeached 13 Biſhops, whereof one of
them had pleaded Not Guilty, and the reſt had neither confelled nor denyed
the Impeachment; they deſired a prefixed day to defcend to Proofs, and
make good the Charge.
Soon afrer, they received a Meſage from their Lordſhips, That their
Lördſhips had appointed this day to hear the Demurrer argued; Hence it
appears, That notwithſtanding divers daies are given to the Biſhops to an-
fwer, nothing is brought in but a Plea and Demurrer, which was not to be
admitted for two. Several Reaſons.
1
(1.) No Defence ought to be made to an Impeachment brought in by the
Commons, but in the preſence of the Commons ; and it ought to be fo, in all
Courts of Juſtice in all manner of Pleadings, Anſwering and Replying, elſe
abundance of miſtakes would happen of all ſides, which the preſence of the
Parties might prevent. As for Example in this particular, Had the Houfe
of Commons been preſent, there had not happened ſo many Jeofailes and
Miſtakes.
And becauſe Demurrers ariſe ordinarily from the incertainty of the
Charge; the ſecond Impeachment was of purpoſe brought in to avoid incer-
tainties; becauſe the particulars omitted in the first, were ſupplied in the
Second,
The Book was appended to the ſecond, but not to the firſt Impeachment,
but the ſecond was not entred as it was delivered, and ſo this Cauſe of ſó
much Conſequence hath been delayed.
1
(2.) Becauſe, poſito, ſed non conceſſo, put the caſe, the Commons
ought not to be called upon, and to be preſent at other defences, yet ought
they to be in all defences made in this caſe,becauſe they had conceptis ver-
bis, in preciſe words depred it, which they did, becauſe this is a Fecit,
aut non fecit, a meer matter of fact, and the Biſhops ought to have clear-
ly anſwered ſuch a matter of fact, that the Houſe of Commons might pre-
ſently have deſcended to their Proofs, according to the Old Law, Ēft, non
eſt, de omni rę verum eſt.
That the Houſe of Commons had commanded bim to put their Lordſhips.
in mind, That long time given in Cauſes of this Nature, produce great
Inconveniences, and that this kind of proceeding, is not preſidented in for-
mer Parliaments ; for this Courſe would keep all Cauſes from being Heard,
and Delinquents from being Queſtioned.
Super totam matériam lie demanded in the Name of the Houſe of
Commons, one of theſe 3 things to be granted, (1.) That the Demur-
rer might be rejected. (2.) That their Lordſhips would proceed to Fudg-
ment. (3.) Or at leaſt that the Houſe of Commons might be admitted to
make their proof without further delay.
This being done, the Councel for the Biſhops were called in, and
heard the ſecond Impeachment of the 13th of Auguſt laſt,read; and then,
the Councel deſired ſome ſhort day to conſider, what Anſwer the Bi-
ſhops ſhould make thereunto.
Hereupon it was Ordered, That the 13 'Biſtöps impeached, ſhall put
in their Anſwers to the aforeſaid Impeachment 0it Saturday next, or Re-
Solve whether they will abide by their Plen' and Demurrer:
In the Houſe of Commons a Petition of ſeveral Officers of the late
Army
why,
14
i
4
1
#
}
1
'IL
de
1
WIHT
3
f
io
2.
d
!!
from the Scotch Rebellion to the King's Murther. 719
my
!
שףו
е ң
hi
11.14
+
ſearch at Dors
Army was read, to remind the Houſc of their promiſe concerning the Decemb.
Payment of their Arrears, but nothing was done upon it. **
.1 641.
The Bill for waving of Protections was alſo Reported, and Ordered
to be re-committed.
A Bill was alſo brought in for making
Lord General of A Bill for a L.
all the Forces within the Kingdom of England, and Dominion of Wales, L.High Admi-
and
Lord High Admiral of England ; and being read, it sal read and
was put to the Queſtion for a ſecond Reading, thereupon the Houſe rejected.
divided, with the ſea was 105, with the No 158 : So that hope-
ful project was nipped in the Bud, and paſſing in the Negative, it was
rejected.
An Information was given, That a Barrel of Gun-Powder was gone A trifling In-
to Dorcheſter, for a Barrel of Soáp. And one would think that ſuch formation.
a trifling matter, which in all probability was a perfect miſtake, and
had it been real could be of no great moment, ſhould not have been
thought worth the notice of a Houſe of Commons ; but every little
thing that contributed to inlianſe the Fears of the People was laid hold
of, to inflame their apprehenſion of Dangers ; and the care they took
in theſe little inconſiderable Affairs, did ſtrangely Augment their Re-
putation in the eſteem of the common People, who looked upon them
as the moſt diligent and vigilant Patriots that ever fate within thoſe
Walls, whoſe Care was as great as their Intelligence was quick and
univerſal : and therefore to countenance and encourage Informations
they deſpiſed none; for even for this ſingle Barrel of Powder, an Or- order to
der of the Houſe of Commons was directed to the Juſtices of the Peace Cheſter for a
of Dorcheſter, to make diligent ſearch for a Barrel of Gun-Powder, Bartel of Pow-
which the House of Commons was införned was ſent down thither for for a Barrel of
for a Barrel of Soap, and to ſend an account of the matter to the soap.
Houſe.
manded him to ſignifie to both Houſes, That it is His Majeſties defire, Decemb. 8.
that both Houſes would conſider of
, and prepare the Inſtru:tions, which from his Ma.
the Commiſlioners of both Houſes have for the ireating with the Scots jelty to both
Commiſſioners touching the Occaſions of Ireland, and that the ſame be pre-l the Scots become
ſented to His Majeſty.
That His Majeſty further Commanded him to let both Houſes know, the requeſt of
That the French Ambaſſador hath preſented a deſire to His Majeſty, That sehin barcacola
Eight Prieſts Condemned this week, may not be put to Execution, but about certain
Baniſhed or Impriſoned in this time, the rather, for that it may concer»
the ſettling of the Affairs in Ireland : which deſire His Majeſty promiſed
ſhould be Communicated to the Houſes of Parliament, for their advice
therein.
Though nothing in the World was a plainer Demonſtration of the
tender Inclinations of this Excellent Prince, which was ſo averfe to what-
ever was Sanguinary; and that there was a very ſubſtantial Reaſon ini
common Policy, at this time, to comply with the requeſt of the Ambaf-
ſador, in regard it might be expected the Iriſh Rebels would Retalliate
this Severity, which though according to the Laws in force, they would
call Cruelty ; and the innocent Proteſtants who fell into their Power,
might feel the Effects of it ; yet was it mighty unpopular ; and his Ene-
mies of the Faction, who were moſt inexorable upon ſuch occa-
fions, made very ill Uſe of it, to inſinuate the venomous Calumny
into the minds of the People, that he was a favourer of Popery, and
Vol. II.
Zzzz
wholly
1
miſſioners, &
condemned
Prieſts.
t
1
1
720 Ar Impartial Collection of all the memorable Events
1
Inftru&tions
to chc Com.
Y
miſſioners apo
treat with the
Decemb. wholly managed by Popiſh Councils, and that he had Eſpouſed their
1 641. Intereſts
, and from thence to augment the Dangers with which the
Lave Kingdom was threatned ; and therefore by Conſequence how abſolutely
neceſſary it was that His Majeſty ſhould comply with the deſires of
the Faction, and change his Evil Councellors, and take ſuch Perſons
into all places of Power or Truſt, as the Nation miglit confide in; as
may be obſerved from the Declaration and Petition lately preſented to
His Majeſty at Hampton-Court,
However the Meſſage was communicated to the Commons at a Con.
ference, and the Lord Keeper Reported it as follows.
That the Houſe of Commons were careful not to loſe any time in the
buſineſs of Ireland, therefore they have preſented to their Lordſhips Con-
ſideration, the Inſtructions which are to be given to the Commisſioners of
both Houſes, who are to Treat with the Scots Commiſſioners : Which In-
ſtructions were read in hæc verba.
Do Ball be careful to Expreſs to the Commiſſioners of Scotland
His Majeſtics Gracious Acceptance, and the thanks of loth Houſes
pointed to of Parliament, for their readineſs to aſſist this Kingdom againſt the Rebels
Scots Commits of Ireland.
Tou ſhall receive the Anſwer of the Parliament, and State of Scotland
cerning alin.
concerning the 5000 Men, which we formerly defired might be sent from
thence into Ireland ; and upon what Conditions of Impreſt Mony for raiſing
of them, and Wages for their Entertainment ; or otherwiſe, how they ſhall
be ſent Furniſh and Tranſported for His Majeſties Service, and the af-
hitance of this Kingdom, againſt the Rebellious Iriſh. And you hall by
the beſt Ways and Means you can, Expedite the Raiſing and Sending over
of theſe Men.
Theſe Inſtructions the Houſe agreed to, but becauſe it was conceived
they were ſhort in one particular, the Lords thought fit, this Addition
following ſhould be made unto them, viz.
Tou ſhall from time to time, before you grow to any perfect agreement,
give an account of what is propounded in this Treaty unto His Majeſty,
and the two Houſes of Parliament, and receive their Directions, before
you come to any binding Concluſion.
Which was accordingly the next day Vated in the Commons. Houſe,
to be added to the ſaid Commiſſioners Inſtructions.
The Lord Steward delivered in a Petition from Huntingdon-fhire,
touching Epiſcopacy, which was in theſe Words,
fiogers con-
ance for Irge
land.
.1
.
The Hunting-
To the Right Honorable, che Lords and Commons,
dor-hire Peri-
Aſſembled in Parliament.
tion for Epil-
copacy,Oc.
delivered Di-
The Humble Petition and Remonſtrance of the County of Huntingdon,
cemb. 8. 1641. for the continuance of the Church-Government, and Divine Service, or Book
of Common Prayer.
Humbly Sheweth,
Hat whereas many Attempts have been practiſed and divers Petitions from
ſeveral Counties, and other places within this Kingdom, framed and
Penned in a cloſe and ſubtile Manner, to import inore then is at firſt defcern-
able
!!!
11
✓
44
I 641.
1
1
th
Wewe
ki
1
from the Scotchi Rebellion to the King's Murther.
72
able by any ordinary Eye, or that was imparted to thoſe who ſigned the ſame, Decemb.
have carried about to moſt Places; againſt the preſent Forni and Frame of
Church-Government and Divine Service, or Common Prayer, and the Hands
of many Perſons of ordinary Quality, ſolicited to the fame, with Pretence to be
preſented to the Honorable Aſlembly in Parliament, and under colour.of re-
moving ſome Innovations lately crept into the Church and Worſhip of God,
and reforming ſome Abuſes in the Eccleſiaſtical Courts, which we conceiving
and fearing not ſo much to aim at the taking away of the ſaid Innovations, and
Reformation of Abuſes, as tending to an abſolute Innovation of Church Ga-
vernment, and Subversion of that Order and Form of Divine Service, which
hath happily continued among us, ever ſince the Reformation of Religion : cut
of a tender and zealous regard hereunto, We have thought it our Duty, nor
only to diſavow all ſuch Petitions, but alſo to manifeſt our Publick Affections
and Deſires, to continue the Form of Divine Service; and Common Prayers,
and the preſent Government of the Church, as the fame have been continued
ever ſince the firſt Reformation, and ſtand ſo eſtabliſhed by the Laws and Sta-
tutes of this Kingdom.
For when we conſider, That the form of Divine Service expreſſed and con-
tained in the Book of Common Prayer, was with great Care, Piety and Sinceri-
ty reviſed and reduced from all former Corruptions and Roniſh Superſtitions,
by thoſe holy and ſelected Inſtruments of the Reformation of Religion within
this Church, and was by them reſtored to its firſt purity, according as it was
inſtituted and practiſed in the Primitive Times, ſtandeth Confirmed, Eſtabli-
ſhed and Injoyned by Act of Parliament, and Royal Injunction, and hath ever
ſince had the general Approbation of the Godly, and a publick Uſe and continu-
ance within this Church. And that Biſhops were inſtituted, and have had their
being and continuance ever ſince the firſt Planting of Chriſtian Religion ainong
us, and the reſt of the Chriſtian World, that they were the Lights and glori-
ous Lamps of God's Church, that ſo many of them fowed the Seeds of Chriſtian
Religion in their Bloods, which they willingly pouered out; therefore that
by them, Chriſtianity was reſcued and preſerved from utter extirpation, in the
fierce and moſt cruel Perſecutions of Pagan Emperors ; that to them we owe the
Redemption of the purity of the Goſpel, and the Reformation of the Religion
we now profeſs, from Romiſh Corruption; that many of them for the propaga-
tion of that Truth became glorious Martyrs, leaving unto us, an haly Exam-
ple, and an honorable Remembrance of their Faith and Chriſtian Fortitude;
that divers of them lately, and yet living with us, have been ſo great Aſſer-
tors and Champions of our Religion, againſt the common Enemy of Rome, and
that their Government hath been ſo Ancient, ſo long Approved, and ſo often
Eſtabliſhed by the Laws and Statutes of this Kingdom, and as yet nothing in
their Doctrine generally taught diſſonant from the Word of God, or the Ar-
ticles Eſtabliſhed by Law, and that moſt of them are of ſingular Learning and
Piety. In this caſe to call the Form of Divine Service and Common Pray-
ers, Erronious, Popiſh, Superſtitious, Idolatrols, and call the Government by
Biſhops, a perpetual Vallalage, and intolerable Bondage; and at the firſt Step,
and before the Parties concerned be heard, to pray the preſent removal of
them, or the utter Diſſolution and Extirpation of them, their Courts and their
Officers, as Antichriſtian and Diabolical, we cannot conceive to favor or reliſh
of Piety, Juſtice and Charity, nor can we joyn with them herein, but rather
humbly pray a Reformation of the Abuſes and Puniſhment of the Offenders, but
not the Ruin or Abolition of the Innocent.
.
1
1
1
.
.
Now on the contrary, when we conſider the Tenor of ſuch Writings, as
in the Name of Petition are ſpread among the. Common People, the Contents
of many printed Pamphlets ſwarming at London, and over all Countries; the
Sermons preached publickly in Pulpits, and other private Places, and the bit-
ter Invectives divulged, and commonly ſpoken by many diſaffected Perſons,
all of them ſhewing an extreme averſeneſs and diſlike of the preſent Govern
ment of the Church and Divine Service or Common Prayers; dangeroully ex-
citing a Diſobedience to the eſtabliſhed Form of Government and Church Ser-
vice, their ſeveral Intimations of the deſire of the Power of the Keys, and
Vol. II.
Z z.Z Z 2
that
X
J
[
722
Decemb.
I 641.
1
:*
An Impartial Collection of all the memorable Events
that their Congregations may be independent, and may cxecute Eccleſiaſtical
Cenſures within themſelves, whereby many Sects and ſeveral and contrary O-
pinions, will ſoon grow and ariſe ; whereby great Diviſions and horrible Fa-
&tions will ſoon inſue thereupon, to the Breach of that Union, which is the
ſacred Bond and Preſervation of the Common Peace of Church and State:
their peremptory deſires, and bold aſſuming to themſelves the Liberty of Con-
ſcience, to introduce into the Church whatſoever they Affect, and to refuſe
and oppoſe all things which themſelves ſhall diſlike, and what they diſlike muſt
not only to themſelves, but alſo to all others be Scandalous and Burdenſom,
and muſt be cried out upon, as great and inſupportable Grievances, yea though
the things in themſelves be never ſo indifferent, of never ſo long continuance
in Uſe and Practice, and never ſo much deſired and affected by others, ſo that
where three or four of them be in a Pariſh, though 500 others deſire the uſe
and continuance of things long uſed, all muſt be altered, or taken away as
Scandals and Grievances for theſe three or four, though to the Offence of many
others, and what ever they will have introduced muſt be impoſed upon all o
thers, and muſt by all be admitted, without Scandal or Offence, whereby mul-
titudes of Godly People and well affected, are in ſome things deprived, or
abridged of what they deſire and take comfort in, and have had ſo long and
lawful uſe and Practiſe of, and other things impoſed upon them againſt their
Wills and Liking, as if no account were to be made of them, or no Liberty of
Conſcience left unto them. Which bold Attempts of ſome few to arrogate
to themſelves,and to exerciſe over all others, what high Preſumption is it and
how great a Tyranny may it prove over the Minds and Conſciences of Men?
The great increaſe of late of Schiſmaticks and Sectaries, and of Perſons not
only feparating and fequeſtring themſelves from the Publick Aſſembly at Com-
mon Prayers and Divine Service, but alſo oppoſing, and tumultuouſly inter-
rupting others in the performance thereof, in the Publick Congregation; the
frequent and many Conventicles held amongſt them, and their often Meet-
ings at all publick Conventions of Allizes, Seſſions, Fairs, Markets, and other
publick Allemblies, their earneſt labouring to ſollicit and draw the People to
them, and the general Correſpondence held among them, to advance their
Ends' herein. Of theſe things we cannot but take Notice, and muſt needs ex-
preſs our juiſt Fears, that their Deſires and Endeavors are to work fome great
Change and Mutation in the preſent State of the Church Government, and in
the form of the Publick Worſhip of God, and Divine Service and Common
Prayers
Of the common Grievances of the Kingdom, we as others have been and
are ſenſible, and do profeſs that we have juſt Cauſe with Joy and Comfort to
remember, and with thankfulneſs to acknowledg the pious Care, which is al-
ready taken for the Suppreſſing of the Growth of Popery, the better ſupply
of able and painful Miniſters, and the removing of all Innovations, and we
doubt not, but in your great Wiſdoms you will regulate the Rigor' and Ex-
orbitancy of the Eccleſiaſtical Courts, to ſuit with the Temper of our Com-
mon Laws, and the Nature and Condition of Freemen: and we hope, and hum-
bly Pray, that the preſent Form of Church Government, and of Church Ser-
vice, and Common Prayers now Eſtabliſhed by the Statutes of this Kingdom
Ihall be ſetled, and that all ſuch as ſhall oppoſe themſelves againſt the ſame, or
Thall do or ſpeak any thing in derogation or depraving of the ſaid Divine Service
or Book of Common Prayer,may without any further Tolleration orConnivence,
undergo the Pains, Puniſhment and Forfeitures due therefore ; and that ſuch
Care ſhall be taken for placing of Orthodox and Peaceable Men, Lecturers in all
Places, whoſe Doctrine may tend rather to found Inſtructions and Edification,
than lead to Schiſm and Faction.
+
។
i
1
១
:
A
IN
All which We humbly Submit to your great Judgments, and ſhall pray
to God, to aſſiſt and direct you from above, with his heavenly Wif-
dom, to guide and bring all your Conſultations to happy Conclu-
fions.
In
1
11
+
1.-
1
:
11
1
1
U
1
from the Scotch Rebellion to the King's Mürtber.
723
In the Commons Houſe, the Meſſage concerning the Prieſts was de- | December,
livered by Sir John Culpeper.
1 641
A Committee was appointed to prepare an Order, to be preſented
to the Houſe of Lords, whereby the Commiſſioners for the Treaſury
may be enjoyned not to diſpoſe of the Money received, or to be recei-
ved upon the Bill of Tonnage and Poundage, till proviſion be made
out of the ſame for the defence of the Narrow Sea. Thus did they by
the late Bill of Tonnage and Poundage, make ſuch a Preſent to His
Majeſty, as the Biſcainers do to the King of Spain, when he comes into
that Province, who preſent him with a Bag of Money upon the Top
of a Lance, but withal inform him, that he muſt not meddle with
it.
The Committee which was appointed to draw up the Inſtructions
for the Commiſſioners to Treat with the Scottiſh Lords, were alſo Or-
dered, To prepare Heads for a Conference, with Reaſons to be delivered
to the Lords, to induce them to joyn with ihis Houſe to move His Ma-
jeſty to declare, that a Toleration of Religion may not be granted to the
Rebels in Ireland, nor in any of His Majeſties Dominions. This was ano-
ther of thoſe invidious Inſinuations, by which under a pretence of great
Zeal to the Proteſtant Religion, they did not only ſecretly Calumniate
His Majeſty as a favourer of Popery, but by putting the Rebels out of
all hopes of Liberty, or Connivence for their Religion, was one of the
things which contributed to render them more deſperate ; and to drive
on the Rebellion to the utmoſt Extremity.
Thurſday,
A Meſſage was this day brought from the Houſe of Commons by Mr.
Decemb. 9.
Pym, to let their Lordſhips know, That the Commons do agree to the Meſſage of
Addition which their Lordſhips made to the Inſtructions ſent down to them commods to
Teſterday; and they deſire this Addition, and thoſe Inſtructions brought cernlng Inftru-
up Yesterday from the Houſe of Commons, may be annexed to the Com- Xions to treat
miſfion.
Upon this
, the Houſe of Lords agreed, That all the Inſtructions ſhall Lords Reſolu-
be preſented to the King; and to this purpoſe the Earl of Bedford, and tion upon it
the Lord Howard of Eſcrick were appointed preſently to attend the King the King.
with them, for his approbation.
The Earl of Bedford Returning, Reported, That he had acquainted The King ap-
the King with the Inſtructions to be given to the Commiſſioners of both proves them.
Houſes, who are to Treat with the Scots Commiſſioners, and that the King,
after he had read them, approved of them; and ſaid, He would ſend
by His Secretary to the Lord Keeper, with Directions, that they may be
annexed to the Commiſion.
After which it was Ordered, That the Committee appointed to con- Committee for
ſider of the Printing of unlawful Books and Pamphlets, Spall meet on Pamphlets rc-
Monday next at Eleven of the Clock; and that the Lord Privy Seal, vived.
Lord Wharton, and Lord Bruce be added to the ſaid Committee for
Printing.
It was this day Ordered, That James Watts, Enſign unto the Company veral Perſons
of Captain Francis Gregory, ſhall have Power, by Virtue of this Order, to raiſe Re-
to Entertain and Tranſport into the Low Countries, for the Service of cruits for the
the States of Holland, the number of 300 Men, by way of Recruits, ac- tains in the
cording to former Liberty granted by His Majeſty for the ſupplying of the Dutch Service
.
Said Captain Francis Gregory's Company.
with Scots,
for Ireland.
G
thu
1.
1
t
The
1
+
1
724 An Impartial Collection of all the memorable Events
December, The Order was directed, To all Mayors, Juſtices of Peace, Confta-
I 641.
bles, and all others His Majeſties Officers, to be Aiding and Allill-
ing to the ſaid James Watts, with all convenient Expedition, that
be afforded.
may
.
.
The like Orders of the fame date was granted, for taking up of
40 Men for Captain Peyton's Company, by John Grey, and John Tira
rel.
For 40 Men, for Lieutenant Colonel Corbet's Company, by William
Jenkins.
For
40 Men for Captain Honywood's Company, by Robert Harding,
and Dymock Holby.
În the Commons Houſe ſeveral Northern Petitions were this day pre-
ſented for the Billet-Money, which was engaged to be paid to the In-
habitants of thoſe Counties where the Scots and Engliſh Armies were
Quartered.
Whereupon Sir Folon Hotham Reported from the Committee appoin-
ted to Examine that matter, the State of the Money, and the Debt of
the Kingdom, by which it appeared as followeth.
1
1
.
1.
The first Tiro Subladies
The Third and fourth Subſidies-
s.
d.
108672. 06.
06. oo.
96461. 19. 09.
205134. 05. 0).
!
IO.
00.
Paid out to divers Citizens of London 51507. 05. 08.
To Sir John Harriſon
51885. 16.
To Alderman Pennington
-9972. 13. 10.
To other perſons Members of the Houſe 18497.' 15. 08.
To the Inhabitants of ſeveral Wards 45893. . 13. 09.
To Sir William Udal for the Army
-9000.
0.
186757. 05. 09.
So reſts of the Four Subſidies
18377. oo.
Of which paid for the Affairs of Ireland to be
12000.
repaid out of the Citizens Loan-Money
00.
And to be repaid to Sir Robert Pye, Sir Edw.?
2000.
oo.
Hales, and others that lent it
oo.
00.
00.
5
Remains.com
4377.
Qo.
Oo.
Receipts of the Poll-money in general
256720. 18. 02.
throughout the Kingdom
Viz.
Poll-money paid at York
37371. 09.
Sir William Udal from the 7 Northern Counties--15450.
Poll-money from Sir Rob. Pye, and Mr. Wheeler — 37415. 09.
Pol-money by the Treaſurers
162195. 04. 07.
In London
4288. 14. 07.
IO.
00.
00.
02.
i
Memo-
பப
2
15
1
225
Decemi.
s.
i
I641.
4
"
.
from the Scorch Rebellion to the King's Mürther:
i.
d.
Memorandum, in Caſh in the City of London, } 5596. 15. 11.
8 Dec. not paid to the Lenders
Total Received ipon the four firſt Subſidies-- 205134. 05. 09.
Upon the Poll-Bill
256720. 18. 02.
The Compoſition of Old and New Cuſtomers -165000. 00. 00.
Total - 626855. 03. ii.
Iſued to Sir William Udal
339760. 03. 00.
To the Scots
291361. 19. 04.
To Sir John Mills for the Queen Mother--- 7000. oo.
To Colonel Goring-
2000. 09. oo.
Io the Pay-Maſter at Berwick
29000.00.00.
To the Pay-Maſter at Carliſle
oo.
To Mr. Vaſſal for Ships to Holy-Iſland
170. 00. 00.
To the Commillioners for the Pall-money
600.00.
To the Committee in Scotland
- 1200.
1200. 00. 00.
To O Connelly---
500. 00. 00.
To ſeveral Perſons upon Orders---
-307. 09. oo.
1
00.
11
I0000.
Oo.
OO.
1
!:
Total Iſued — 682899. 08 04.
Total Received 626855. 03. 11.
1
00.
Remains in Debt
Beſides, for Billet-money
For Half Pay
More for Billet
Scots Arrears of Brotherly Alliſtance
Peers to the City of London
Far Ireland to the City-
Total Debt-
56044. 04. 05.
6.4000. oo. co.
26000. oo.
38000. 00.
220000. 00 00:
56000. 00. do.
56000. co. Oo.
00.
t
516044 04. 05.
----
1
materia
1
Y
Having thus helped to purge the Nation of ſome fuperfluous Money,
as appears by this Account, which was in a manner wholly occaſioned
by the Invaſion of their Reforming Brethren of Scotland; they began
now to think of Purging out the Loyal Members from their own Houſe,
as well as the Bilhops from the Houſe of Lords. And it was upon the
Debate Reſolved, &c. ſeverally,
That Mr. Henry Wilmot, Sir Hugh Pollard, Mr. William Alliburn-urilmot, Po
ham, and Sir John Berkley, ſhall be accuſed of Miſpriſon of Treaſon. barnban Voted
guilty of Mic:
And it was Ordered, That Mr. Wilmot who ſerves for Tamwortli
, Sir prilicn of
Hugh Pollard Burgeſs for Belraſton, Devon. Mr. William Aſhburnham Treaſon; and
Burgeß for Luggerthall
, and Mr. Henry Piercy; Knight of the Shire for Houſe.
Northumberland, ſhall be diſabled from Sitting as Members in the Houſe
of Commons, and that Mr. Speaker direct his Tarrants to the Clark of the
Crow to ißue out Writs for new Eleftion of perſons to ſerve in Parliament
lard, and Al-
0
out of the
#
2
in their places.
---
+
cauſe not of
their own apo
726 An Impartial Collection of all the memorable Events
Decemb. - It was alſo Ordered, That Captain Legg ſhall be ſent for by the Serjeant
1 641. at Arms attending this Houſe, as a Delinquent.
Capcain Logs
fene for as a
There being this Day a Company of Watchmen, with Halberds about
Delinquent. the Parliament Door, It was moved that ſome of them might be called
Friday, in, to know who did command them to come, and by what authority, and to
Dicemb. 10. what purpoſe they come: Hereupon, two of the Conſtables were brought
diſpieaſed at a in and demanded the Reaſon why they came thither * They ſaid, They
Guard, be came by virtue of a Warrant from the High Conſtable to be ready this Day
to attend the Houſes of Parliament, becauſe of a Riot is likely to be in
pointment. Weſtminſter. Whereupon it was Ordered, That the High. Conſtable,and
the Under-Sheriff do attend this Houſe preſently.
In the Interim a Petition was delivered unto the Houſe by the Lord
Marqueſs of Hartford, from the Loyal part of the Inhabitants of Somer-
ſetſhire, concerning the Government of the Church, which was read
preſently in hæc verba.
To the High and Honourable Court of Parliament
now Sitting
The Humble. Petition and Remonſtrance of the Knights, Gentry
Clergy, Free-holders and Inhabitants of the County of Somerſet.
1
,
1
:
1
:
4:
any
Humbly Shewetli
,
The Somnir fer-
Shire Petition
T
Hat having with grief of Mind heard of ſundry Petitions been Ex-
hibited to this Right Honorable Aſsembly, by ſome of the Clergy and
for Epiſcopa.
cy and the Li. Lairy about London, and ſome Counties, tending to the Subverſion of the
rurgy, preſent- Church Government Eſtabliſhed in this Kingdom: We therefore tendring
ed to the Lords the Peace and Welfare of both,do in all humbleneſs preſume to make kuoưn
quiſs of Herts our Opinions and Deſires concerning the ſame : Nothing doubting of the
ford, Decemb.
like good acceptance of our humble Petition and Remonſtrance in this be-
10. 1641.
half, being tendred with rio leſs good Affection to the Peace and Happineſ
of the Church, the Prosperity of his Sacred Majeſty, and this whole King-
dome.
For-thé prefent Government of the Church we are moſt Thankful to God,
believing it in our hearts to be the moſt Pious, and the Wiſejt, that
People or Kingdom upon Earth hath been bleft withal ſince the Apoſtles
dayes : Though we may not deny, but through the frailty of Men, and cor-
ruption of Times, ſome things of all Conſequence, and others needleſs, are
Stollen or thruſt into it, which we heartily wiſh may be reformed, and the
Church-reſtored to its former Purity: . And to the End it may be the bet-
ter preſerved from preſent and future Innovations, we wiſh the iyittingly
and maliciouſly guilty of what Condition ſoever they be, whether Biſhops
or other inferior Clergy; may receive condign puniſhment. But, for the
miſcarriage of Governors, to deſtroy the Government, we truſt' it ſhall-ne-
ver enter into the kearts of this Wife and Honorable Aſembly.
We will not preſume to diſpute the Right of Epiſcopacy, whether it be
Divine or not ; it ſuficeth us to know, That the Church Government by
Biſhops is.ancient, even near to the Apostles Days: and that it hath plea-
Jed God from time to time, to make them moſt Glorious. Inſtruments for
the Propagation and Preſervation of Chriſtian Religion, which with their
Blood
.
1
1
Iw
11
PAI
from the Scotch Rebellion to the King's Murther.
727
Blood they have frequently ſealed to Pofterity. And liow much this Kingo | Decemb:
dom in particular is indebted to them, for their Piety, their Wiſdoms,and 1641
Sufferings we truſt ſhall never be forgotten. Our Hearts deſire therefore
is, That the Precious may be ſeparated from the Vile, that the Bad may
be rejected, and the Good retained.
Furthermore, having heard, that our Common Prayer hath been inter-
rupted, and deſpiſed of ſome miſ-underſtanding or miſ-led People, to the
Great Scandal of the Religion profeſſed in our Church; We humbly beſeech
you to take into your Care the Redreſs thereof, as of an Impiety not to be
erdured ; as alſo to take Order for the ſevere puniſhment of thoſe Men, if
they may be diſcovered, who frequently publiſh Pamphlets, under a Veil of
Religiox, yet conducing to Confuſion and Rebellion.
All which, we humbly offer to your Wiſdoms, as the thoughts and deſires
of this County, ard as we are perſuaded of multitudes of ſound Members of
the Church of England, and his Sacred Majeſties moſt Loyal Subjects.
Beſeeching God, to direct and proſper your Counſels, and ye to pardon
our Errors, we reſt At your commands.
T
}
Knights, Eſquires, Divines, Gentlemen, Free-holders, Inhabitants
of the County of Somerſet, none of them Papiſts; but all Pro-
teſtants of the Church of England, and his Majeſties Loyil Sub- 514350.
jects.
Whereof Knights, Eſquirés, and Gentlemen
200
Divines
Jo. Browne Cler. Parliament.
221
1
4
:
oned concern-
1
After which the Huntingtonſhire Petition to the fame Effect, which
had been tendred to the Houfe upon Wedneſday the 8th of December,but
then laid aſide, was alſo read.
This being done, the High Conſtable, who was ſent for to attend the the High
Houſe, was brought in, and asked by what Authority be gave Order for Conſtabic and
the Watchmen to Guard this Houſe? Who anſwered, That he received Sheriff, queſtis
Order from the Juſtices of the Peace.
ing theGuards.
Then the Under-Sheriff of Middleſex was called in, and demanded
by what Warrant the Watch-men are here: he ſaid he had received a
Warrant from the fustices of Peace of Middleſex, which they ſent forth
by virtue of the Kings Writ directed to them, for preventing of Riots,
Routs and unlawful Aſſemblies, according to the Statute of 2 H. 5.
Whereupon the Houſe appointed the Lord Chamberlain, Lord Whar-
ton, Lord Brook, and Lord Roberts, to go into Weſtminster-Hall
, and
other places near this Houſe, to ſee what Company there is, whether
unlawful Aſſemblies or Routs there; and theſe Lords Reported, That
there was no Face of any Routs or Aſemblies, vor any greater Number of
People then Vfually.
Whereupon the Houſe diſcharged the Guards in the King's Name.
And in regard it appeared, that it was the precipitation of the Juſtices
,
that Cauſed theſe Men to come, by virtue of their Warrants ; It was
Ordered, That thoſe Juſtices of the Peace for Middleſex and Weſtminſter
that ſubſcribed the Warrant, be ſent for to attend the Houſe to morrow,
to give a Reaſon, why they ſent forth thoſe Warrants, and what induced
them to believe, That there would be a Tumult this day in Weſtmin-
ſter.
Vol. II.
Aa a a a
This
any
1
T
YE
.*
1
5
::
CC
THI
:!
1
66
CC
ci
728 An Impartial Collection of all the memorable Events
Decemb. This day Iniga fones Efq; appeared before the Lords, according to
I. 64I.
an Order of their Lordſhips, to hear the Declaration read, which was
brought up againſt him from the Houſe of Commons, which was read
in his preſence in hæc verba.
The Declaration of the Commons upon the Complaint, and in the behalf
of the Pariſhioners of St. Gregories, London, againſt Inigo
Jones Eſquire.
The Declarati.
HE Pariſh Church of St. Gregories, adjoyning to the Cathedral
on of the
CC
Commons, a.
Church of St. Paul's in London aforeſaid, is, and, from the time
gainſt Inigo
ac
whereof the Memory of Man is not to the contrary, hath been the
Jones,concern-
jog St. Gre-
46.
Pariſh Church for the Inhabitants of that Pariſh, lately computed to be
gories Church
ie
3000 perſons, for the adminiſtration of Divine Service and Sacraments.
by St. Pauls.
The ſaid Inigo Jones, being Surveyor of His Majeſties Works, and
particularly thoſe to be deſigned for the re-edifying of the ſaid Church
of St. Pauls, would not undertake the Work, unleſs he might be, as
he termed it, the Sole Monarch, or might have the Principality there-
of, conceiving that the Work would not well be done, without pulling
“ down the ſaid Church of St. Gregories, preſented a Plott to his. Ma-
jeſty accordingly. The ſaid Inigo Jones, haviņg preſented the said
Plott, his Majeſty hereupon ſignified his Pleaſure, and in purſuance
" thereof, ſeveral Orders alſo were made at the Council-Board, That the
ſaid Church ſhould be taken down by the Pariſhioners, for the more
convenient Repairing of the Cathedral Church of St. Pauls ; which
the Pariſhioners refuſing to obey, as was lawful for them to do, the
ſaid Inigo Jones,in Execution of the Plot,and Deſign by him preſented
as aforeſaid, and of his Majeſties
. ſignification, and the Orders. at the
". Council:Board thereupon had; in dr about March, 1639, diď pull
down, and cauſed to be pulled down part of the ſaid Church, and did
“ alſo threaten, That if the Pariſhicners would not take down the reſt of
then the Galleries ſhould be ſawed down, and' with Skreips the Mate-
rials of the ſaid Church ſhould be thrown down into the Street
. And
" the ſaid Inigo Fones did further threaten the Pariſhioners, That if they
did not take down the ſaid Church, they ſhould be laid by the Heels.
Whereby the Pariſhioners being thus affrighted, and to ſave the Mate-
“ rials; which not long before had coſt them 15001. were inforced to
“ take down ſome part of the ſaid Church, inſomuch, as it thereby was
“ made altogether uſeleſs: and the ſaid Pariſhoners to that great number
" have been wholly deſtitute of any place within their own Pariſh, for
the Publick exerciſing of Religion.
.« The Damages the Pariſhioners have hereby ſuſtained, is very great,
and the Charge of Re-edifying the ſaid Church, and reſtoring it, to as
good plight as it was in, before it was ſo wrongfully; takèn down, will
amount at the leaſt to 3000 l, all which the laid Pariſhioners are rea-
dy to prove and Maintain.
For Remedy therefore, and;Redreſs herein, and chiefly to the end,
that the ſaid Church of St. Gregories may be fully repaired, and re-
“ ſtored to the Plight and Condition wherein it formerly was, by and
at the Charge of him and them, by wlioſe undue Means it was in
part taken down, or cauſed to be taken down as aforeſaid, It is deſir-
ed, Tliat'fuch Proceedings may be uſed and had againſt the Offenders
herein, as to Right and Juſtice doth appertain.
This!
:
1
!
it,
66
is
1:
2
*
:
1
:.
1
CC
11
KM
1
INH
14
C
uc
!
inais
+
CG
1
1
ibu
iL -
411
1
1
111
TW
16
HI
R'
siwi
*
..
1 641.
14
1
B
ܪ
!
"MI
MW,
IN
HI
Guard of Hal-
4:
.
from the Scotch Rebellion to the King's Murther. 729
This being read the faid Inigo Fones deſired, That lie might have fome Decemb.
time to anſwer by his Councel.
Whereupon, Ít was Ordered, That he have a copy of the Declaration o
againſt him, and ſhall put in his Anfwer thereunto, on Tueſday come ſe-
ven Night.
The Commons were alſo in an extraordinary heat, about the Hal-
berdeers, who were ſet to prevent Tumults and Riots, Routs and un-
lawful Aſſemblies, which now frequently reſorted to Weſtminſter; to cry
out againſt the Biſhops, and their Votes in Parliament ; ſome of the
Halberdeers were called to the Bar, and Examined, and they giving the
ſame Account,as was before given to the Lords,tlie Bailiff of Weſtminſter,
the Conſtable of St. Clement Danes, and tlie Under-Sheriff of Middle-
ſex were ordered to be ſent for, to give an Account of the Reaſon of pla-
cing thoſe Guards about the Parliament Houſe ; And thereupon it was
Voted.
Reſolved, &c. That the ſetting of any Guards about this Houſe, ivith-Vore of the
out thé-Conſent of the Houſe, is a breach of the Privilege of this Houſe, Commons,
concerning the
and that therefore ſuch Guards ought to be diſmiſſed.
And thereupon the Serjeant at Armes attending the Houſe was ap-berdeers ſet a-
pointed to Command them to depart, which was done accord- liament Houſe.
ingly
The Houſe then fell into Debate concerning the treating with the
Scottiſh Commiſſioners, concerning raiſing Men
for the relief
of Ireland,
and upon the Queſtion it was
Reſolved, Sc. That this Houſe doth Approve and Conſent, that his
Majeſties Commiſſioners named by the Houſe, and appointed to treat with
the Scotch Commiſſioners, ſhall treat with them for the raiſing of 10000
Scots, for the Occaſions of Ireland.
Sir Walter Earl, then gave Information to the Houſe of ſome dan-
gerous Words ſpoken by ſeveral Perſons, but did not Name them, where-
upon it was Ordered, That Mr. Speaker frould iſſue out a Warrantyto ap-
prehend ſuch Perſo:is, as Sir Walter Earl Mall nominate to him, for ſpeak-
ing Words of a dangerous Conſequence.
This was one of the common Arts which they uſed to reſtrain thoſe
who were able, from informing the People of the dangerous Conſequen-
ces of their own Proceedings; and Liberty of Speech ſeemed now to
be wholly confined within the Walls of St. Stephen's Chappel; or if any
of that common Privilege of Mankind was indulged, it was only to the
Favourites of the Faction, the Sectaries and Schiſmaticks, who they
were aſſured would be very ſerviceable to them in imploying that Li-
berty, to traduce and Calumniate the King, the Biſhops, the Govern-
ment of the Church, and whatever was either Orthodox or Loyal; but
for others, if they once dared to Intrench upon the Privilege of the
Pretended Sects, or to correct thoſe Liberties they took to defame the
King and his Miniſters, the Church and her Governors, or to arraign
any of the violent Proceedings of the Faction, theſe Religious Spies and
Setters, immediately gave Informations againſt them to ſome of the
Members of the Commons; and theſe Men had a certain deviſe to
puniſh Men, who had tranſgreſſed no known Law, for Crimes which
would not bear an Indictment, or the Teſt of a Jury of their Peers, by
bringing them under the Rod of the Commons Houſe, for Words of
dangerous Conſequence; for which conſtructive Offences, their Perforis
were impriſoned and their Purſes fleeced by the Serjeant and his Offi-
Vol. II.
Ааааа2
1
.
.
1
3
cers
L
'S
W*
1
T
F
730 An Impartial Collection of all the memorable Events
Décemb. cers, as if they had been the moſt notorious Malefactors. Such preci-
I 641. ous beginnings had this Dawning of the glorious Day, which they pro-
miſed the people ſhould be nothing but one continued Sun-line of Liber-
ty and Property, without the leaſt Cloud of Arbitrary or Exorbitant Go-
vernment. But as a great Man ſaid upon another Occaſion in this pre-
ſent Parliament, Mifera eſt ſervitus, ubi jus eſt vagum et incertum. Where
known Law ends, there Slavery begins. And where our. Law knows
not how to lay an Indictment; it muſt certainly be ſomething Arbitra-
ry, that inflicts a Puniſhment. But this was the Caſe of Loyalty, Men
were not only made Offenders for a Word, but for fuch Words, as were
juſtifiable by the Laws of God and Man.
His Majeſty whoſe Zeal for the Church was as Eminent, as his Piety
and Devotion were ſingular and moſt extraordinary, obſerving what an
Inundation of Schiſme and Errors, were flowing in upon the Church,
the Pretence of Reformation letting looſe all the Schiſmaticks, who
pre-
tended to be the great Reformers; iſſued out a moft Excellent Procla-
mation to prevent that Diſorder, Diviſion and Separation, which he too
Prophetically foreſaw,would indanger the Subverſion of the very Eſſence
and Subſtance of Religion.' The Proclamation was as follows.
.
A Proclamation for Obedience to the Laws: Ordained, for
Eſtabliſhing of the True Religion in thisKingdom of Eng-
land.
-
!
A Proclama." 'Is Majeſty conſidering that it is a Duity moſt berceming, and
tion for Obe.
dience to the
that moſt obligeth Soveraign Authority in a Chriſtian King,
Laws, for E-
to be carefull, above all other Things, of preſerving and ad-
ſtabliſhing the
vancing the voliod and Service of Almighty God, and the peace and
true Religion
in England,
tranquility of the Church, to which end yis Majeſty with his Parlia-
Dec. 11. 1641. ment, hath it indec Conſideration, how all juſt Scruples might be
removed. And being in the mean timie ſenſible, that the preſent
Diviſioni
, Separation and Diſorder about the Wolfhip and Service of
Hod, as it is Enabliſhed by the Laws and Statutes of this King-
doin, in the Church of England, tendeth to great Diftragion and
Confiſſion, and may endanger the Subverſion of the very Ellence and
Subftance of true Religion ; hath reſolved for the preſervation of
Unity and Piace, kuhich is moſt receſſary at this tinie for the Church
of England, to require Obedience to the Laws and Statutes De
dained for eſtabliſhing of the True Religion in this Kingdom, where
by the bonjoz of God may be advanced, to the great Comfożt and Dap-
pineis both of bis ajetty and his good Subjeæs.
nis Pajegy doth therefore Charge and Coniinand, That Divine
Service be performed in this bis Kingdoin of England, and Domini-
on of Wales, as is appointed by the Laws and Statutes. Eſtabliſhed
in this Realm, and that Dbedience be given by all bis Subjects cc-
cleliaftical and Teinpokal, to the ſaid Laws and Statutes concerning
the ſame. And that all Judges, Dfficers and Miniſters Ecclefiaftical
and Ceinpojal accoding to Iuftice, and their reſpective Duties; do
piit the la.d ads of Parliament in due Erecution againſt all willfull
Contemners
and Diqurbers of Divine Service, contrary to the faid
Laws and Statutes.
Qis
NI
ጉ 1
Ihr
KIH
LE
IILE
In
1
Join
HI
from the Scotch Rebellion to the King's Murther. 731
pis qajeſty doty further Command, That 110 Parſong, Ticars, of Decemb.
Cucates in their ſeveral Pariſhes, mall preſume to introduce any
I 6 4 I.
Rite of Ceremonies, other then thoſe which are Eſtabliſhed by the
Laws a..d Statutes of the Land.
L
!
Given at His Majeſties Palace of White-Hall, the tenth Day of De-
cember, in the Seventeenth Year of His Majeſties Reign.
11
God ſave the KING:
L.
1
.
1
!
1
4
But the Root of the Schiſm lay too deep to be Cured by a Procla-
mation, and the Separatiſts knew, where to take Sar:ctuary, not only
for their Diſobedience to the Laws made in favor of the Church, but of
the Crown too, or otherwiſe they would not in ſuch riotous and Tu-
multuous Manner, againſt the Peace, and the Crown and Dignity of
their Sovereign Lord the King, have Aſſembled by thouſands, under Pre-
tence of Petitioning againſt Biſhops, Evil Counſellors, &c. as now they
did.
Saturday,
The Lord Keeper this Day fignified to the Houſe of Lords, That His Decemb. 1 1.
Majeſty had commanded him, to deliver this Meſage to both. Houſes,
That whereas formerly he had acquainted both Houſes, with the Deſire of
the French Ambaſſador, That eight. Romiſh Prifts. convicted at the Seſli-
ons, might be Reprieved and Baniſhed at tbis time, becauſe it may con-
cern the Buſineſs of Ireland, and that his Majeſty had deſired the Advice
of both Houſe's therein, of which biş Majeſty katto not yet received any An-
fier; His Majeſty therefore puts the Houſe in mind thereof, and deſires
an Anſwer, in regard that on Munday next is the Day..for Executing of
thoſe that are convicted, which are ſeven Prieſts; ong of the eight being ac-
quitted upon the. Tryal
.
Upon which the Lords ſentä Meſſage by Sir Edward. Leechjand Dr.
Bennet, to deſire a Conference concerning this Matteri, to which the
Commons returned Anſwer, That they will ſend an. Anſwer by Mellen-
gers of their own in convenient time.
The Bill Intituled, An Ast for the Relief of the Captives taken.by Turk The Bill for
iſi, Mooriſh, and other Pirates, and to prevent the taking of others in tives at Algiers
time to come, being read a third time, and put to the Queſtion, It was paſſed the
Reſolved, to paſs as a Law.
This Day being appointed for the 13 Biſhops that are Impeached by by their coun:
the Houſe of Commons, for making the Canons and Conſtitutions, and cel adhere to
for Granting a Benevolence contrary to Law, to make their Anſwers to
the Impeachment, their Councel were called in, and the Impeachment
was read. Then the Lord Keeper demanded of them. Whether the Biſhops
will abide by their Plea and Demurrer, or make their Anſwers? The
Councel Anſwered, That the 12 Biſhops do reſolve to adhere to their
former Plea and Demurrer, only they have waved one Branch of their
Demurrer, which was to the generality of the Charge, which
appears
to be particular.
Hereupon the Councel withdrew, and the Houſe Ordered, That the
Lords
. the Biſhops that are Impeached, ſhall be heard by their Councel on
Monday next, touching the Maintaining of their Plea and Demurrer, and
that the Houſe of Commons have Notice herein, that they or Some of their
Members, whom they ſhall appoint, may be preſent
, if they pleaſe. And to
this
.
.
Lords Houſe,
The Biſhops
"their Plea and
Demurrer.
1
+
!,
+
han
!
+
कीय
t
732 An Impartial Colle&tion of all the memorable Events
Decemb. this purpoſe a Conference was ſent to be deſired, by Serjeant Whitfield,
1 641. and Serjeant Glanvile.
Then the Lord Lieutenant of Ireland produced a Paper which was
given by the Scots Commiſſioners to the Engliſh, which being read, was
in theſe words:
O
1
1
1
Ut of the Senſe of our Duty we owe unto his Majeſty, and the true
Affection which the Kingdom of Scotland bears to the Kingdom of
England,
We are willing to contribute our beſt Aſſiſtance for i he speedy
Relief of thoſe diſtreſſed Parts of Ireland, that lye neareſt us ; Therefore
in the Name of the Kingdom of Scotland, we make Offer of 10000 Men for
that Service, which is conceived to be the leaſt Number can be, for ſecure-
ing themſelves, and reducing the Rebels in the North of Ireland, to the
due Obedience of his Majeſty and the Crown of England.
This Offer is upon ſuch particular Conditions, as in the Progreſs of this
Treaty we ſhall agree upon, which may be for the Honor of our Nation, and
the Safety and Good of ihe Army imployed in the Service.
This being done, the Lord Lieutenant declared,. That his Majeſty be-
ing made acquainted with this Propoſition, was willing they ſhould Treat
for 10000 Men, the Houſe aſented to give Power to the Commiſioners to
Treat accordingly.
The Commons fell this Day upon the Matter of the Guards; and the
Juſtices of the Peace før Middleſex being called in, and demanded by
what Warrant or Authority they cauſed thoſe Gủards to be ſet ? they
made Anſwer, That what they had done in this Matter, was in Obedience
to his Majesties Warrant to them direttede.
Then the Under-Sheriff was called in and Examined alſo concerning
the ſetting of the Guards, who affirmed, That the Writ was granted forth
by direction of the Houſe of Lords, and with the Advice of the Judges.
They being withdrawn, upon the Debate of the Matter, the ſtorm
for the preſent fell only upon Mr. Long who had ſigned the Warrant for
Mr. Long a Ju- the Guards ; and the Queſtion being put,Whether Mr. Long ſhould be put
out of the Commiſſion of the Peace? The Houſe was divided upon it, with
Peace, ſeme to the No were 94, with the Tea 90, ſo it paſſed in the Negative; and he
bout the relai was by the Vote of the Houſe ſert to the Tower, For that He the ſaid
ring ofaGuard
Mr. Long in his Warrant, had exceeded the Authority given him by the
without the
Conſens of the Writ; and had directed Conſtables
, and Sitting the Parliament had ſent
Parliaquent. : down Armed Men to the Parliament, never acquainting the Parliament
with it.
A Committee was alſo appointed to Examine the buſineſs concerning
thie raiſing and ſending armed men to the Pallace at Westminſter.
The Meſſage from the Lords about the King's deſire to know the An-
ſwer of the Parliament concerning Baniſhing the Condemned Prieſts at
thé Requeſt of the French Embaſſador was read, and it was ſingly Voted
upon theſe following,
Reſolved, That
Hamon, Jo. Rivers, alias Abbot, Walth. Cole-
Turnor, Prieſts, ſhall be put to Execution according to
the Laws.
Sir Phillip Stapleton Reported, That the Scots Commiſſioners had ſhew-
ed their authority to Treat to Allist us with 10000 Men, upon ſuch Condi-
tions ds jkould be agreed ; We told them, Upon this Propoſition, we could
not Treat with them, for that our Commiſſion was only to Treat for 5000
1
1
ſtice of the
+
1
1
inan, and
Prieſts voted
to be Execu-
red.
Men,
h
*
11
+
% н
1.6.4.1.
1
1
T
from the Scotch Rebellion to the King's Murtber. 733
Men ; They wiſhed us to acquaint the King with it; ſo according to our
Decemb.
Duty we waited on his Majeſty, who Expreſſed a great deal of Delire and
Affection in the furthering of this buſineſs, and ſaid he had referred it to
the Parliament,and would grant a Commiſſion to treat with them for 10000
Men. Whereupon the Houſe aſſented to it.
A Petition of ſome Aldermen and Common Council-men, and Subſidy
Men of the Eactious part of the City of London and Suburbs was this day
preſented to the Houſe of Commons; which being read, the Petitioners
were called in, and Mr: Speaker in the Name and by the Order of the
Houſe acquainted them, That the Houſe took their Petition in good
part, and returned them Thanks for their reſpects to this Houſe; and-rea-
dineſs to supply the Publique ; and that in convenient time the Houſe will
take their Petition into Confideration. Some of them then deſired they
might have leave to ſpeak ſomething to the Houſe; whereupon they
were ordered to withdraw, and the Houſe upon the Debate havingire-
ſolved to hear them, they were called.in, and Mr. Speaker acquainted
them, That the Houſe was pleaſed to give them leave to ſpeak what they
had to say. Whereupon one of them in the name of the reſt deſired to
know, Whether they might get more hands to the fame Petition ; Then
Hiey were commanded again to withdraw, and after a little time being
called in, Mr. Speaker told them, That the Houſe did believe. what was
delivered in their Petition already; but that notwithſtanding they were
left at liberty to get more bands if they pleaſed. After which, having
returned humble Thanks to the Houſe for their good acceptance of their
Petition, they were diſmiſſed. The Petition was this.;
5
,
LT
4
i
7
1
To the Honorable, the Knights, Citizens'ånd Bur
gelſes of the Houſe of Commons in Parliament,
The Humble Petition of. Aldermen, Common Council men, Subſidy-
mer, and other Iıthabitants of the City of London and Suburbs
-
thereof.
Sheweth,
TH
Hat they do with all humble Thankfulneſs acknowledg that great The Fađious
Labour and Care, which this Honorable Aſembly hathundergone
. tirion againsi
for the ſpace of above one whole Tear, endeavouring the Reformation, and Biſhops Votes,
removal of thoſe many Preſsures and Grievances in Church and Common- for purring
the Kingdom
wealth; And do humbly preſent that grateful acceptance and high Eſteem, into a poſture
which not only the Petitioners, but alſo all well-affected to the Honor of of Defence
;
bis Majeſty, and Prosperity of this Kingdom, have
of theſe your great anda
unwearied Endeavours, which althô they, by reaſon of the Popiſh Lords
and Biſhops Voting in the Houſe of Peers, and other impediments
, as they
humbly conceive, have not hitherto produced thoſe happy Effects Tói-aimed
at; yet io the Petitioners great Comfort, divers of thoſe Preßures are
ready removed; as Arbitrary Courts, Ship-Money
, Monopolies, and other
illegal Impoſitions wherewith they were burthened, and further hopes gi-
ven, by the happy Act of this Parliaments continuance.
That, notwithſtanding all this, the Papifts and their adherents, whoſe
malice ceaſeth not, have by fundry ſecret and deſperate Plots, attempted
the Ruin and Deſtruction of this state and Kingdom ; and however ſome of
them
A
&c. Decemb.
11. 1641
al
1
+
+
i
.
734 An Impartial Collection of all the memorable Events
Decemb. them have hitherto, by Gods Providence and your Prudence, been diſco-
16 41. vered, and become abortive ; Tet the ſad Effečts of others of them, are not
only felt, and much more feared in this Realm of England, but alſo have
of late broke out into open Rebellion in Ireland, where moſt barbarous, fa-
vage, cruel, and inhumane actions are practiſed towards our Brethren by
Nation and Religion, whoſe lamentable and deplored Condition the Peti-
tioners much pity and lament, and have juſt cauſe to fear, That as already
there hath been much Chriſtian blood
spilt, so in ſhort time, if Speedy help
be not ſent, not only the many great Debts there owing to divers of the Pea
titioners and others of this Kingdom, will be wholly loſt, but, which is far
more, the very Name of the Engliſh
and Proteſtant Religion there, will be
rooted out, which thoſe Rebels, the Foundation of whoſe Religion is written
in letters of blood, do only oppoſe
And for that divers of the Petitioners, receive daily Information from
all Parts of this Kingdom, of the bold inſolent Carriage, and threatening
Speeches of the Papiſts in this Realm, ariſing as the Petitioners humbly
conceive, not only from the prevailing of the Rebels in Ireland, but alſo
from the want of Juch ſecure and ſpeedy Courſe againſt Papiſts here, as the
preſent condition of this Kingdom requireth, and this Honorable Aſembly
hath Earneſtly Endeavoured.
From which grounds, the Petitioners cannot omit to repreſent unto you,
the great Terrors, Fears and Diſtractions, that they lye under, of a ſuddain
Surprize
, by their Bloody hands ; By means whereof the Trading of this
City and Kingdom is much more of late decayed, then it hath been for din
vers Tears paſt, no man following his Trade cheerfully, while the Lives
of himſelf and Family, and the Publique Safety of the Kingdom are in dan-
ger ; and while he knoweth not how ſoon they may feel the like Cruelty and
Inhumanity, from the Papiſts and their Adherents, as theſe in Ireland
have done, which if ever it ſhall happen, this Honourable Aſſembly must
Expect to have a deep ſhare in their Malice and Cruelty, againſt whom they
have already, by themſelves and their Abettors, endeavoured to raiſe a
diſreſpect in the Hearts of the People, to divide between the Kings Ma-
jeſty and his Parliament, and ſeditiouſly to miſconſtrue the Citizens Duti-
ful and Loyal Entertainment of his Majeſty to be a deſerting of this Hó-
nourable Aſsembly, the leaſt thought whereof, the Petitioners do utterly
detelt and abhor.
To the End therefore, that the deſtructive Plots of the Papiſts and their
Adherents may le defeated, the grounds of their Hopes, and Infilencies
removed, conſiderable Forces with all Expedition ſent to ſubdue thoſe abo-
minalle and bloody Rebels in Ireland; this City and Kingdom, for preven-
tion of the like Miſchiefs here, and ſecuring the Peace thereof, put into a
Poſture of Defence, the Petitioners freed from their Fears, encouraged in
their Trades, and in due time receive ſuch just Anſwers to their former
Petitions, as ſhall ſeem beſt to your great Wiſdoms.
It is humbly prayed, That you will couchſafe to be a means to the King's
Majeſty
and the Houſe of Peers, that life may be speedily given to
your good Endeavours, by their concurrence with you in the puniſh-
ment of Delinquents, and redrelling the Preſſures and Grievances in
Church and Commonwealth (amongst which the abuſes crept in to the
Ancient Government of this City, they humbly depre may in due time
be taken into conſideration :) And for the better Effecting hereof,
That the Popiſh Lords and Biſhops may be removed out of the Houſe
of. Peers, as was deſired in the preſence of divers of this Honorable
Aſſembly
1
។
.
rt
!
.
1
i
ܝ ܟ܂
1
Tu
4
IIL
ti
4
بار رالي
til
FP
.
11
H.
1
',
1
!
:
+
'
1
.1
1':
1'
..
4
L
1
어
​from the Scotch Rebellion to the King's. Murther. 735
Aſſembly, by the Repreſentative Body of this City in the Guild-Hall
, 1. Decemb.
when 50000 l. was freely lent, to raiſe Forces for Ireland, the greatest 1640;
párt whereof was ſpeedily brought in by the Pétitioners.
And the Petitioners who well knoxv their oivn Safeties are wrapt ap in
Tours, Jhall not fail to put up daily Prayers to Almighty God for
your good Succeſs; and to maintain and defend, to the utmoſt ha-
zard of their Lives and Eſtates, according to their lite Proteſta-
tion, the Kings Majeſty, and High Court of Parliament, againſt all
Wicked Councellors, and Malignant Oppoſers who endeavour, eiher
by ſecret Plots, or open Force, to prejudice the one or the other, or
to make diviſion between his Majelly and the Parliament,whom God
and the Laws of the Land, have united in ſo near Relation:
The Reader may obſerve by this Petition; which it is eaſie to gueſs
out of what Quiver the Arrow came, how high the Springs of Rebellion
were wound up; here are Popiſh Lords and Billiops coupled together;
here are the Papiſts and their adherents, that was, all ſuch as were Or-
thodox and Loyal, Voted the Common Enemies; here are Fears, Ter-
rors and Diſtractions, Plots and Conſpiracies, Dangers and ſudden Sur-
prizes, to amaze the People; here's the Kingdom to be put into a po-
îture of Defence, and a Proteſtation to aſſiſt the Parliament againſt all
wicked Counſellors and Malignant Oppoſers, to the utmoſt hazard of
Life and Eſtate; ſo that there wanted only an occaſion to break out into
actual Arms and open Rebellion, if theſe Requeſts were not Granted.
This was the way of Pétitioning of that time.
For the Faction now began to be bold and daring, and under the
Countenance and Protection of their Patriots in the two Houſes, td af-
front the Government in the moſt Inſolent Manner imaginable, and un-
der the Pretence of Petitioning the Commons to gather together in
ſuch rumultuous Routs and Riots, as if they would bid open Defiance
to the King and the Laws; and in cruth, ſuch an Aſſembly as upon this
Occaſion met at Blackheath, to ſubſcribe ſuch another Petition, threat-
ning what they would do, if the Biſhops, &c. were not thrown out of
the Lords Houſe, would in any other Age have teen reputed a plain
Rebellion, as in truth it was a Prologue to it, and a kind of general
Muſter of the Strength and Effective numbers, which the ſeveral Tribes
of the Schiſmaticks were able upon Occaſion, at the Beat of their Pulpit
or Petition Drums, to bring into the Field againſt the King, the Laws,
and the Eſtabliſhed Government. It was upon the Notice of theſe Tu-
multary Proceedings and Threatnings, that the Guards were raiſed and
placed about Weſtminſter, which the Faction in the two Houſes, who
knew by Experience the uſe of theſe Tumults, took ſo hainouſly; and
left the Well-Affected ſhould meet any diſcouragement in this Scottiſh
Presbyterian Way of Reformation, and fall into the Hands of the Law
and Juſtice, they reſolved to tye the Hands of Juſtice behind her, and
to bind the Laws to the Peace and Good Behaviour, which otherwiſe
would have handled theſe Petitioners very ſeverely with Riotosè's and Tuttultuary
Routofès
, contra pacem Domini Regis
. And therefore for fear of the Petitioning in-
Worſt, It was ordered in the Houſe of Commons, That the Under- protested by
Sheriff of Surrey be injoyned, not to ſuffer any Proceedings to be made the Fađion in
upon an Inquiſition, that concerns any perſons that met to ſubſcribe a Peti.
Vol. II.
Bbbbb
tion
!
"
!
I
1
1
I
A
the Comitiotis
Houſe.
1
!
.:
1
736 An Impartial Collection of all tbe memorable Events
Decemb. ¡tion to be preferred to tbis Houſe, till he shall receive further Order from
I 6 41.
the Houſe.
And in truth the Faction in the two Houſes carried all before them
with that Violence and Impetuoſity, that many both of the Lords and
Commons ſeeing themſelves unable to do any thing, towards cooling
their Heats or abating their Rigors, and that who ever did in the leaſt
oppoſe their Proceedings, inevitably drew upon himſelf ſome furious
Vate or a Priſon, as a mark of their Diſpleaſure, withdrew themſelves
from the Parliament, which as it gave the Faction great
the Faction great Encouragement,
ſo likewiſe it gave them opportunity to do what they pleaſed without
control. His Majeſty taking notice thereof, iſſued forth the following
Proclamation, to command their Attendance who were abſent, as fol.
lows,
By the King.
A Proclamation for the Attendance of the Members in both
Houſes in Parliament.
i
H
on for abſenc
Members to
attend the
A Proclamati.
Is Hot Eccellent majefty yaving Summoned this pļeſent Par-
liament,in Dis princelyCare of the good and Culelfare of þið lou-
mg subjects; Jill the continuance of the lame Care, doth with advice
Parliament of Dis buvy Council, by this His Royal Proclamation, declare bis
Dec. 12. 1641. Royal Will and Pleaſure to be; That all the Pearliers of both
i poules of Parliament, do repair to the Parliament at Weſtminſter,
at, oj before the Twelfth of January neft, and give their dule and di
ligent attendance in Parliament: To the end that this Kingdom
may fully injoy the benefit and mappineſs which bis Pajelly intend-
eth into thein by Suminoning, and continuing of this parliament:
and of his ajelties will and Coinmand they are to take notice
by this his Proclamation, and to give a jult Dbfervance theretinto,
upon ſuch pains and penalties as by Law and. Juſtice may be infliged
upon thcın.
A
Given at His Majeſties Palace of White-Hall, the Twelfth day of De-
cember, in the leventeenth year of his Majeſties Reign.
God ſave the King,
The Lords at à Conference this day with the Commons, agreed,
Monday,
That' the Engliſh Commiſſioners Jhauld have power to Treat with the Scot-
Decemb. 13. tiſh Commiſſioners, for the Railing of Toooo Men for the Service of Ire-
land; The Commons alſo informed the Lords, That they had taken the
Requeſt of the French Ambaſſador concerning baniſhing the Seven Condem-
ned Prieſts into conſideration, and deſire the concurrence of their Lord-
hips, that Execution may be done upon five of them, viz. upon Hamond,
Rivers alias Abbot, Walter Coleman alias Colmer, Francis Tornam alias
Winmore, and one Frier : Whereupon it was upon the Debate in the
Lords Houſe Reſolved to have a Conference, To know the Reaſons that
induced the Commons to be of Opinion, that five ſhould be Executed, and
tio.Saved.
In.the Coinmons Houſe Mr. Glyn Reported the Conference concern-
ing
27
1
.
;
r
1
1
1
Iti.
1
from the Scotch Rebellion to the King's Murther, -739
ing the 13 Biſhops that ſtood impeached, that the Lord Keeper ſaid, Decemb.
That the Biſkops Council inſiſted ſtill upon the Plea and Demurrer ; ard 1 641.
that they took exceptions to the laſt Conference, becauſe there wis deli-o
vered to the Reporter of the Lords Houſe, the Arch-biſhop of York, a
Paper intituled, A Report made by Serjeant Wild, from the Committee
for the 13 Biſhops : He ſaid, he conceived for his p.1rt, that it was the
Vote of the Houſe, but to ſatisfie that Obječtion, deſired to know the in-
fiwer of the Houſe. I told his Lordſhip, it paſſed the Vote of the Houſe,
and that Paper was but as a Memorandum to the manager of that Confe-
rence, and delivered by him at that time to the Reporter of the Lords
Houſe, to enable him to Report ; but did not conceive this vſe would
have been made of it, or that it ſhould have been Jhewed to the Biſhops
Council.
Tueſday,
The Lord Keeper Reported this day the Córferences Yeſterday Decemb. 14.
with the Commons, That divers Papers were read, briught from the Several invidi-
ous things pro-
Houſe of Commons.
poſed by the
The firſt Paper conſiſted of Motives, which induced the Houſe of Com- Commons at
mons to make their particular Requeſts.
: a Conference,
The ſecond Paper, was the deſires of the Houſe of Commons, That the wiza Declan
Lords would joyn with them in an humble Petition to the King, againſt Tolleration of
Toleration of the Romiſh Religion in England and Ireland ; and that his Religion; &c.
Majeſty would make a Declaration to this purpoſe.
The third Paper was a draught of a Declaration to that purpoſe.
The Fourth Paper was a Declaration to be made by the Queen upon the
Petition of both Houſes to His Majeſty, to perſwade her thereunto, That
for preventing of all Scandalous Reports and Apprehenfons of the Queens
Majeſty, as if she had or would favour and incourage the Rebels in Ire-
land, His Majeſty would be graciouſly pleaſed to adviſe and procure Her
Majeſty, that by her conſent and direction, it may be publiſhed and de-
clared, That Her Majeſty doth Abhor, and Detojt the. Perfidious and
Traiterous proceedings of the Rebels in Ireland.
The Fifth Paper swas a Certificate from the Council of Ireland, ſhew- A Certificate
ing, That foraſmuch as the City of Dublin is not able to entertain and from the Lords
Juſtices of Irea
nouriſh ſuch Multitudes of diſtreſſed poor People, who are ſtripped of all, land, for con-
they have by the Rebels ; they thought fit to take up the Men, to imploy the poor pro-
them in His Majeſty's Service, in the Wars there; and to cauſe the Wo- teftants
.
men and Children to be Tranſported by Ship into England; and do re-
commend them to the Charity of all good Chriſtians, deſiring them, that
they will take ſome Commiſération ef their Diſtreſ and great Neceſſity,
and extend ſome Relief towards them by making Contributions, which con-
tributions they deſire, may be reſerved, and ſuch a Courſe taken, as that
it may be ſure to be imployed only to the Relief of the poor diſtreſſed
People.
William Parſons,
Dublin Nov. 15. 1641.
Fo. Borlaſe.
R. Bolton, Canc. Ormond, Offory, fo. Temple.
The Sixth Paper was, That the Houſe of Commons out of a deep ſenſe Motion for a
of the Calamity of our Country-men, and Brethren of Ireland, and confide- Faſt for
ring how all Succeſ and Proſperity' depends upon the Bleſing and Favour
of God, do deſire their Lordſhips to joyn with them in Petitioning his
Vol. I I.
Bbbbb 2
Majeſty,
Yi
Ireland.
CE
Đ
738 An Impartial Collection of all the memorable Events
Decemb. | Majeſty, That there may be a publick Faſt throughout the Kingdom, and
1 641. that His Majeſty will be pleaſed to appoint a near day for the jame, to be
kept by both Houſes of Parliament, and the City of London, and the adu
jacent Parts; and one other Day for other remote Parts of the Kingdom ;
and becauſe they have received a Certificate from the Lords Juſtices, and
others of His Majeſties Council in Ireland, concerning the miſerable Want,
and Diſtreß of the poor Engliſh, being divers Thouſands of all Qualities
and Sexes : That the Houſe of Commons for the Relief of the Perſons
aforeſaid have appointed a Collection in their own Houſe, to be made on
Thurſday next ; and they deſire their Lordſhips to Order the like for
their Houſe ; that by the Example of Parliament, the like Colle&tion may
be made in all the Parts of the Kingdom upon the Day of the Faſt, and
the Money gathered, to be diſpoſed in ſuch manner, by. Such Commiſioners
as ſhall be appointed by both Houſes, for the Succour and Relief of theſe
poor diſtreſsed People of Ireland.
The King came this day to the Houſe of Lords, and being late in the
Chair of State, he commanded the Houſe of Cominons to be ſent for
who being.come with their Speaker, the King made this Speech to both
Houſes of Parliament as followeth.
The King's
Speech to the
two Houſes
concerning
Ireland, 6.
Dec. 14.1641.
!
My Lords and Gentlemen,
He laſt time I was in this place, and the laſt thing that I recom-
mended unto you was the buſineſs of Ireland; whereby I was in
good hope that I ſhould not have needed again to have put you in mind
of that bufineſ. But ſtill ſeeing the flow proceedings therein, and the
daily diſpatches that I have out of Ireland, of the Lamentable Eſtate
of My Proteſtant Subjects there, I cannot but again earneſtly commend
the Diſpatch of that Expedition unto you; for it is the chief buſineſs that
at this time I take to heart, and there cannot almoſt be any buſineſs that
I can have more care of.
I might now take up ſome of your time in exprelling My deteſtation of
Rebellions in general, and of this in particular. But knowing that Deeds
and not Declarations muſt ſuppreſs this great Infolency, I do here in a
word offer you whatſoever My Power, Pains or Induſtry can contribute to
this good and neceſary Work of reducing the Iriſh Nation to their true
and wonted Obedience.
And that nothing may be omitted on My part, I muſt here take notice
of the Bill for Preſling of Soldiers, now depending among you, My Lords .
Concerning which, I here Declare, that in caſe it come ſo to Me, as it
may not infringe or diminiſh My Prerogative, I will paß it. And fur-
ther ſeeing there is a diſpute raiſed ( I being little beholding to him,
whoſoever at this time began it ) concerning the bounds of this Ancient
and Undoubted Prerogative ; to avoid further debate at this time, I
offer that the Bill may paſs with a Salvo Jure both for King and People,
leaving ſuch debates to a time that may better bear them. If this bé
not accepted, the fault is not Mine that this Bill paſs not, but theirs that
refuſe jo fair an offer.
To conclude, I conjure you by all that is or can be dear to you or Me,
that laying away, all diſputes, you go on cheerfully, and ſpeedily for the
reducing of Ireland.
3
1
1
+
His
2
-
Y.
1 641.
1
+
Breach of Pri:
from the Scotch Rebellion to the King's Murther. 239
His Majeſty having ended his Speech, departed, and the Commons Decemb.
went to their Houſe, The Lords conceived, that the Fundamental
Privileges of Parliament have been broken by the King's taking Notice
in his Speech this Day of the Debate in this Houſe, of the Bill for Pref- taken at this
ſing of Soldiers.
King's Speech:
Nor were the Commons leſs moved then the Lords for as nothing
was more welcom to the Faction then any matter, with which they
might charge the King, as intrenching upon their Priviledges ; ſo they
greedily laid hold upon this occafion; and after they had Voted it a
breach of Priviledge, for the King to take notice of a Bill that is paſſing,
before it be preſented to His Majeſty by the Conſent of Lords and Com-
mons, as likewiſe to preſcribe Savings and Limitations to any Bitls be-
fore they be preſented ; a Meſſage was fent up to the Lords by Mr.
Hollis, to deſire a Conference by a Committee of both Houſes, ſo ſoon
as may ſtand with their Lordſhips conveniency, touching a thing moſt
precious to their Lordſhips and the Commons, the Priviledge of Par-
liament. To which the Lords aſſented, and the Conference being ended,
the Lord Keeper Reported the Effect of it in theſe words.
That the Priviledges of Parliament have ever been placed in a high Lord Keeper
Eſtimation with both Houſes, and have been enjoyed with great Affe-Conference
{tion, not only as an Ornament, but as a Right, to have free Debate in concerning
matters of Parliament.
vilege by the
The Houſe of Commons ſay, That the occaſion of this Conference grows King in his
from ſomewhat that fell from the King this Day in his Speech, in
in full
Speech
Parliament : they ſay his preſence is an Occaſion of Foy, and would be
So, if it were not for miſ-repreſentations of things Acted ard Debated
in Parliament ; which is againſt the Indemnity of the Lords and com-
mons, as 9 H. 4.
His Majeſty took notice of a Bill for the Preſſing of Soldiers, being in
Agitation in the Houſes, and not agreed upon, and did offer a Salvo Jure,
or Proviſional Clauſe, to be added to the ſaid Bill by way of Limitation
or Reſtriction; and did alſo at the ſame time expreſs bris diſpleaſure againſt
Some Perſon or Perſons, which had moved ſome Doubt or Queſtion concern-
ing the Bound of Prerogative, which the Houſe of Commons declare to
be a breach of the Fundamental Priviledges of Parliament.
The Houſe of Commons do therefore deſire their Lordſhips would joyn
with them in an humble Petition to his Majeſty, to take notice, that the
Priviledge of Parliament is broken herein, and to defire him, that it may
not be done ſo any more hereafter.
After this matter had been debated by the Lords, it was ordered,
That their · Houſe will joyn with the Houſe of Commons in a Petition to
His Majeſty herein : And the Lord Arch-Biſhop of Tork, Earl of Pem-
broke, Earl of Briſtol, Earl of Holland, Viſcount Say and Seal
, Epiſcopus
Durham, Epiſcopus Winton. Epiſcopus Roffen. were appointed a Select
Committee, to meet with a proportionable number of the Houſe of
Commons, to conſider of the Breach of Priviledge of Parliament, and
and to prepare ſome things incident hereunto, and preſent the ſame
to the Houſe. This Committee to meet with the Commons on Wed-
neſday the 15th of this Inſtant December, at Nine of the Clock in the
Morning in the Painted-Chamber.
The Committee appointed by the Commons to meet with the Lords,
were,
"
740 An Impartial Colle&tion of all the memorable Events
i
:
Decemb. were, Mr. Pym, Serjeant Wild, Mr. Glyn, Mr. Martin, Mr. Strode, Sir
1 64 1. Hugh Cholmley, Mr. Hollis, Mr. Hampden, Mr. Sam. Brown, Sir Thomas
Barrington, Sir Edward Rodney, Sir Thomas Bowyer, Sir William Armyn,
Sir Francis Barnham, Sir Walter Earl, Sir Edward Aiſcough, Sir Philip
Stapleton, Sir Anthony Irby, Sir William Lewes, Mr. Strangeways, Sir
Robert Cooke, Sir Edward Mont
forte, Sir William Litton, and Sir Henry
Ludlow.
The Lord Keeper alſo Reported the Effect of two other Conferences
had this day with the Commons. The firſt Conference conſiſted of
two particulars.
Firſt, Whereas a Propoſition was made by the French Ambaſador, to
the King for ſaving Seven Romiſh Prieſts, which were Convicted, and the
Houſe of Commons preſented their Opinions to this Houſe,that five of thoſe
Seven Prieſts may be Executed, according to the Laws; Now the Houſe
of Commons deſire their Lordſhips to joyn with them in an humble Peti-
tion to His Majeſty, that the Execution of the Laws may be done upox
all the ſeven Prieſts, and that both Houſes would become Suitors to the
King to take off the Reprieve.
Next a Letter was read, ſent from one Parthington in Ireland, written
to Sir John Clotworthy Knight, ſhewing the great and barbarous Cruel-
ties acted upon the Proteſtants in Ireland by the Rebels, as hanging of
them, and pulling their Fleſh from their Bones" ; cutting off their Heads,
Hands and Feet, ripping up of Women great with Child, and killing of
Children, with divers other inhumane Aits.
The ſecond Conference was touching the Declaratory part of the
Bill for Preſſing of Soldiers, That the Houſe of Commons conſents now
to the Words, [ or Compelled ] that they ſhould be inſerted into the
Preamble of the ſaid Bill, upon condition that theſe Words may be added
[except it be in Caſe of Neceſſity] of the ſudden coming of an Enemy
into the Kingdom.
And laſtly; That the Houſe of Commons doth not intend to give any
Reaſons for the fortifying of the Declaratory Cauſe, in the Preamble of
the Bill for preſling of Soldiers, it being a thing unuſual for thérn jo
to do
1
to the Black
Lords.
Lord Pierpoint : It ſeems the Houſe of Lords was in great diſorder about the King's
Speech, for the Lord Pierpoint in his Speech having faid, That it was
Rod, for ſome
Words offen not Honourable for this Houſe to be in ſuch Noiſe and Tumult ; the Houſe
five to the conceived theſe words to be a great Offence to ſo Great and High a
Court as this is ; and being charged with the Words, he was comman-
ded by the Houſe to withdraw ; but before he withdrew he deſired to
explain himſelf, which he was permitted to do; and he profeſſed, he
did not ſpeak the Words to give any Offence to the Houſe : His Lord-
ſhip being withdrawn, the Houſe took the Offence done into Conſide-
ration, and Ordered, That the Lord Pierpoint ſhall be committed to the
Cuſtody of the Gentleman-Vfher attending the Houſe for the preſent.
After which the Houſe took into conſideration the Propoſition of the
Commons, concerning the ſeven Prieſts, and it was upon the Queſtion,
after much Debate, Reſolved by the major part, to joyn with the Com
mons in an humble Petition to his Majeſty, That Execution of the Laws
upon
all the 7 Prieſts that are Condemned, and that he will
be pleaſed to take off his Reprieve.
may be done
Memoran-
+
1
7.
1111
I'M, w
vilno
14 time!
RE
1
They
HVG
!
1
1
1 641.
4
1
HY
{
from the Scotch Rebellion to the Kings:Murther. 741
Memorandum, The Lords the Biſhops withdrew themſelves, before the Decemba
voting of this Queſtion, it being in Agitatione caufæ fänguinis.
The Lord Steward, and the Lord Chamberlain were Ordered to at-
tend the King from both Houſes, concerning the 7 Prieſts to be Execu-
ted as aforeſaid, and that his Majeſty will take off his Reprieve.
Moſt part of this day was ſpent by the Commons, about the Debates
of the King's Speech, the Reſult of which the Reader hath already in
the Conferences with the Lords : but ſtill the Faction could ſpare little
time to remember their Petitioning Friends of Black-Heath, who had
run their Heads into the Nooſe of the Law, and a Commiſſion was gone
out againſt them for an Inquiſition; upon which Occaſion as before they
had warned the Under-Sheriff of Surrey, ſo this day produced an Order
of the Commons to the Juſtices of the Peace of Surrey, not to proceed
in any Inquiſition concerning any Perſons that met to ſubſcribe à Periti-
on to be preferred to this Houſe, till they should recive further Orders
therein from the Houſe.
This day the Lord Arch-Biſhop of York, reported from the ſelect Wedneſday,
Committee of both Houſes concerning the Privileges of Parliament, Decemb. is:
three Particulars, which the Comniittees think fit to be voted in botli
Houſes, as a Breach of the Privileges of Parliament; And alſo that a De-
claratory Protėſtation be entred into by both Houſes, for the claim of
thoſe Liberties, and this to be drawn up by the Committees.
Likewiſe the Committees think fit, that a Petitionary Remonftrance,
be preſented to His Majeſty from both Houſes declaring the Right of
Parliament, to thoſe Privileges, and the Particulars wherein they have
been broken, with an humble Deſire, that the like may not be done
hercafter, and that his Majeſty will
be pleaſed to diſcover the Parties by
whoſe Miſinformation, and evil Council his Majeſty was induced to
this Breach of Privilege, that ſo they may receive condign Puniſhment
for the fame; and that his Majeſty be further deſired to take no notice of
of any Mans particular Speeches or Carriage, concerning any Matter
Debated and Treated in Parliament, a Forin whereof is to be drawn,
and preſented to the Committee to Morrow Morning at Nine of the
Clock. . And that the Committees have appointed the Lord Arch-Bi-
ſhop of Tork, the Lord Roberts, Sir Henry Vane, Senior, Knight, Mr. Hol-
lis, Mr. Brown, and Mr. Pym, to draw up the ſame accordingly.
This Report being made and taken into Conſideration, the three Par-
ticulars concerning Privilege were Voted, and it was,
(1). Reſolved upon the Queſtion, Nemine contradicente, That the votes of the
Privileges of Parliament were broken by his Majeſties taking Notice of
the Bill for ſuppreſſing of Soldiers, being in Agitation in both Houſes, and cerning brcach
not agreed on.
the king.
(2) Reſolved upon the Queſtion, Nemine Contradicente, Thai his
Majeſty. in propounding a Limitation and Proviſonal Clauſe,to be added to
the Bill, before it was. preſented unto him by the Conſent of both Houſes,
was a Breach of the Privilege
of Parliament.
(3). Rcfolved upon the Queſtion, Nemine Contradicente, That his
Majeſty, expreſling bis Diſpleaſure againſt Some Perſons, for Matters mov-
ed in the Parliament, during the Debate, and preparation of that Bill,
was a Breach of the Privilege of Parliament.
The ſame Votes were alſo paſſed in the Commons Houſe.
Then the Petition of the Lord Peirpoint was read as follows.
Το
+
Lords and
Commonsconto
of Privilege by
**
--
T
742
An Impartial Collection of all the memorable Events
I 6'41.
Decemb. To the Moſt Honorable, the Lords of the High
Court of Parliament.
The Humble Petition of Henry Lord Pierpoint.
L. Pierpoint's
Petition.
Humbly Sheweth,
Hat whereas your Petitioner in heat of Debate, let fall ſome unfit-
ting Words, which offended this Honorable Houſe, and drei upori
him this Impriſonment, Tour Petitioner humlly confelling the Juſtice of his
Reſtraint, beſeecheth your Lordſhips Pardon, and paſs over this his Of-
fence, and he ſhall ever acknowledge your Lordſhips fazor herein.
T
H. Pierpoint.
1
Commiflio-
ners, for 10000
land.
Hereupon it was reſolved upon the Queſtion, That the Lord Pier-
point ſhall be delivered out of his reſtraint this Night.
In the Houſe of Commons, beſides the Debate concerning the Mat-
ter of Privilege, of which before in the Conferences and Votes of the
Lords Houſe, ſeveral Propoſitions from the Scottiſh Commiſſioners were
read, and
upon the Queſtion aſſented unto.
They were preſented by Sir Philip Stapleton, in five Papers, in hæc
verba.
Propofitions
(1) ds in our firſt Propoſition, we made offer of 10000 Men, in the
from the Scots Name of the Kingdom of Scotland, for a further Teſtimony of Qur Zeal to
his Majeſties Service, and Reſpe&t and Brotherly Affection to the Kingdom
Men for Ire of England; We declare, That we will upon the Charges of the Kingdom of
Scotland, Levy and Tranſport thoſe Men, and not stand with our Brethren
upon Conditions of Levy and Tranſport Mony, which we very well know is
uſual in ſuch Occaſions, and could not in reaſon have been denyed us, and
which will amount to a very conſiderable fumm of Money.
(2) We deſire that there may be zcoool, advanced to us, of the Bro-
therly Aſistance, becauſe there are great Arrears due to our Soldiers, who
will not willingly enter into a new Imployment, unleſs they be ſatisfied with
what is reſting.
(3) We deſire, becauſe we cannot unfurniſh the Kingdom of Scotland
of Arms Canon and Ammunition, That what Proportion of any of theſe we
Send with our Army, That ſo many and fucb a Proportion of eacli kind may
be preſently ſent into Scotland to remain there, till the return of what we
take into Ireland, which we ſhall give Aſurance ſhall be reſtored, we re-
taining ſo much of that, which ſhall be ſent into Scotland, as ſhall be lost or
Spent of ours in the Service of Ireland.
(3) We deſire, That with all Expedition fome Ships of War
may
be
appointed to go to Lothyan, Port Patrick or Ayr, to Gward and Waft over
our Soldiers, whom we intend for Expedition, to Tranſport in ſmall Veſſels,
and that theſe Ships ſhall attend at the Ports in Ireland, where we land,
that they may be ſent over again into Scotland, to bring over to us, any ne-
cellaries left behind, and to go to, and again, betwixt i hofe Coasts, to keep
the Pasage free for Going and Returning.
(5) We defire, That for every icoo Foot we ſend into Ireland, a 100
Horſe be in readineſs to joyn with them, and that theſe be ordered to
receive
2
1
n
11
--
N'k
from the Scotch Rebellion to the King's Murtber
: 743
in
:1
I 6 41.
receive Inſtructions and Orders, and in every thing to otey the Injunétions! Decemb,
of our Commanders. This Propoſition was not fully Aflented
. to, but
referred back to the Commillioners, for the propounding a leis propor-
o
tion of Horte.
(6) By the In Fructions ſent by loth Houſes of your Parliament, to yeur
Commiſſioners in Scotland, and which was ſent by his Wlajeſty from Ber-
wick, to the Council there, they did beſeech his Majeſty to recommend. 16
the Parliament of Scotland, ihat they would take into conſiderati.n-the
Matter of Wages and other Charges, as they would haze done for them.
lelves.
We in this think we could not make particular Agrrement with our Troops,
but delire you would let us know,,what entertainment, you give to your own
Commanders and Soldiers, wherewith we ſhall be ſatisfied, and acquiefce t:
you
Niall take with them, being willing io Jerze the Cro:vn of
England, with the same Affection, and upon the Janie Terms; as if we were
Engliſh-Men born:
Sic Subſcribirur
A. Fullerton;
AN
any Order
1
Hou.'c divided
1
This Evening the Houſe ſate late, and Candles were voted in, and a aboue Print
very great Debate there was, concerning the Remonitrance of the State ing the Re
of the Kingdom, which was preſented to his Majeſty at Hampton-Court, monftratice:
whether it ſhould be Printed or not, the Houſe was at the laſt divided
upon it, with the Yeas, were 135. with the No 83. Whereupon it was
Ordered, That the Remonſtrance ſhall be fortlwith Printed and Pullis
Med.
Thus did theſe Men treat this excellent Prince, with repeated Acts
of Ingratitude, for his tranſcendent Acts of Grace, and were ſo far from
being fatisfied or contented, that the King had given them ſo much that
they advanced in Confidence to demand all. And indeed were, as the
ſequel will make it plainly appear, reſolved to demand ſtill
, till the King
muſt be neceſſitated either to deny then, or diveſt himſelf of every thing
but the ſhaddow of Imperial Majeſty and Power, that ſo they might
have an Occaſion to break with him, and indcavour to wreſt the Reſi-
due of Sovereignty, which he had not parted with, by plain force out of
his Hands.
His Majeſty now began to feel the effects of that unparalelld Act, Exy Bcode-
for perpetuating this Parliaments ſitting during their own Pleaſure, and
found in reality, that by this Act of the higlieſt Confidence, by which
he hoped, as he faith in his excellent Book, for ever to ſhut out and
lock the Door, upon all preſent Jealouſies and future Miſtakes, fome
Men intended to ſhut him out of Doors himſelf, and that the permit-
ting thein to go up to the Pinacles of the Temple of Prerogative, gave
them an irreſiſtiblc Temptation, to throw down his Majeſty and the
Monarchy from thence, which fatal Act, though in his own Words, it
was no Sin of his Will
, yet was an Error of too charitable a Judg-
By the Printing and Publiſhing of this Remonſtrance, his Majeſty
evidently. ſaw that their Deſign was to render his Perſon,Reputation and
Government Cheap, Contemptible and Odious to his Subjects, and this
put him upon Printing likewiſe his Anſwer to the Remonſtrance, and if-
ſuing out a Declaration to all his Loving Subjects, for his own Vindica-
tion. And here began the Paper-War between the King and Faction
Vol. II.
Ccccc
xì, câP: 5:
1
ment.
of
t
.
744 An Impartial Colle&tion of all the memorable Events
Decemb. fof the two Houſes, in which they were plainly the Aggreſſors of his
1641. Honor, Dignity and Reputation, His Majeſty only ſtanding upon the
Defenſive. The Anſwer to the Petition and the Declaration were in there
Terms.
1
1
4
WE
Anſwer to the
Petition
which accom.
alſo the De-
claration con-
DIC. 1641.
The King's
E having received from you, ſoon ofter Our Return out of Scot-
V land, a long Petition, conſiſting of many Deſires of great Moment,
together with a Declaration of a very unuſual Nature annexed thereunto,
panied the Re-
We had taken ſome time to conſider of it, as befitted Vs in a matter of
monſtrance, as that conſequence, being confident, that your own reaſon and regard to Us,
as well as Our expreſs intimation by Our Comptroller to that purpoſe, would
cerning ir. have reſtrained you from the Publiſhing of it, till ſuch time, as you ſhould
have received Our Anſwer to it: But much againſt Our expectation, find-
ing the contrary, that the ſaid Declaration is already abro.id in Print, by
Directions from your Houſe, as appears by the printed Copy: We muſt let
you know that We are very ſenſible of the diſreſpect. Notwithſtanding, it is
Our Intention, that no failing on your part, jhall make Vs fail in Ours, of
giving all due Satisfaction to the Deſires of Our People, in a Parliamentam
ry Way; And therefore We ſend you this Anſwer to your Petition, reſerv-
ing Our ſelf in Point of the Declaration, which we think unp.arliamentary,
and ſhall take a Courſe to do that which we ſhall think fit in Prudence and
Honor.
!
comment
1
!
To the Petition, We ſay; That although there are divers things in the
Preamble of it, which We are ſo far from admitting, that We profeſs We
cannot at all underſtand them, as, Of a wicked and malignarit Party pre-
valent in the Government; Of ſome of that Party admitted to Our Pri-
vy Council, and to other Imployments of Truſt, and neareſt to Us and
Our Children; Of Endeavors to fow amongſt the People, falſe Scandals
and Imputations, to blemiſh and diſgrace the Proceedings of the Parlia-
ment: All
, or any of which, did we knop of, We ſhould be as ready to re-
medy and Puniſh, as you to complain of. That the Prayers of your Peti-
tion are grounded upon ſuch Premiſes, as We muſt in no Wiſe admit ; yet
notwithſtanding We are pleaſed to give this Anſwer to you.
To the firſt concerning Religion, conſiſting of ſeveral Branches, We ſay,
that for the preſerving the Peace and Safety of this Kingdom from the de-
Signs of the Popiſh Party, We have, and will still concur with all the just
Deſires of Our People in a ParliamentaryWay; That for the depriving of
the Biſhops of their Votes in Parliament, We would have you conhder, that
their Right is grounded upon the Fundamental Law of the Kingdom, and
conſtitution of Parliament; This We would bave have you conſider, but
ſince you deſire Our concurrence herein in a Parliamentary Way, We will
give no further Anſwer at this time.
As for the abridging of the inordinate Power of the Clergy, We conceirse
that the taking away of the High Commiſſion Court hatha well moderated
that, but if there continue any uſurpations, or Exceſſes in their Juriſdi-
etions, We therein neither have, nor will protect them.
Unto that Clauſe which concerneth Corruptions ( as you ſtyle them) in
Religion, in Church-Government, and in Diſcipline, and the removing of
fuch unneceſary Ceremonies, as weak Conſciencės might check at. That
for
any illegal Innovations, which may have crept in, We ſhall willingly concur
in the removal of them. That if Our Parliament fhall adviſe Us to call a
National Synod, which may duly examine ſuch Ceremtnies, as give juſt cauſe
of Offence to any, We shall take it into conſideration, and apply Our Self to
givel
:
.
T
1
1
:
t
P:
1
1 64!.
1
+
LE
.
1
1
debar Us,
from the Scotch Rebellion to the King's Murther. 745
give due Satisfaction therein ; But We are very ſorry to hear in ſuch gene-| Decemb.
ral Terms Corruption in Religion obječted, ſince we are perſwaded in Our
Conſcience, that no Church can be found upon the Earth, that profeſſëth the
true Religion with more purity of Do£trine than the Church of England
doth, nor where the Government and Diſcipline are joyntly more beautified,
and free from Superſtition, then as they are here eſtabliſhed by Law, which
(by the grace of God) We will with Conſtancy maintain (while We live) in
their Purity and Glory, not only againſt all Invaſions of Popery, but alſo
from the irreverence of thoſe many Schiſmaticks and Separatiſts,wherewith
of late this Kingdom and this City abounds, to the great diſhonor and ha-
zard both of Church and State ; for the ſuppreſſing of whom We require
your
timely Aid and active Aſſistance.
To the ſecond Prayer of the Petition, concerning the removal and choice
of Counſellors, We know not any of Our Councel, to whom the Character
jet forth in the Petition can belong. That by thoſe whom We had expoſed to
Trial, We have already given you ſufficient Teſtimony, that there is no Man
So near unto Vs in Place or Affection, whom We will not leave to the Juſtice
of the Law, if you ſhall bring a particular Charge and ſufficient Proofs a-
gainst him; and of this We do again aſſure you, but in the me.in time We
wiſh you to forbear ſuch general Aſperſions, as may reflect upon all Our
Councel, ſince you name none in particular.
That for the choice of Our Counſellors and Miniſters of State, it were to
that natural Liberty all Freemen have, and it is the undoulted
Right of the Crown of England, to call ſuch Perſons to Our Secret Councels,
to publick Imployment and Our particular Service,as We ſhall think fit, foWé
are, and ever Mall be very careful to make Election of ſuch Perſons in thoſe
Places of Truſt, as shall have given good Teſtimonies of their Abilities and
Integrity, and againſt whom there can be no juſt Cauſe of exception whereon
reaſonably to ground a diffidence ; and to choices of this Nature, We allure
you that the mediation of the neareſt unto Us hath always concurred.
To the third Prayer of your Petition, concerning Ireland, We underſtand
your Deſire of not alienating the forfeited Lands thereof, to proceed from
your, much Care and Love; And likewiſe that it may be a Reſolution very
fit for us to take, but whether it be ſeaſonable to declare Reſolutions of
that Nature before the Events of a War be ſeen, that We much doubt of.
Howſoever, We cannot but thank you for this Care, and your chearful in-
gagement for the ſuppreling of that Rebellion ; upon the ſpeedy effecting
thereof, the Glory of God in the Proteſtant Profeſſion, the ſafety of the Bri-
tilh there, Our Honor, and that of the Nation ſo much depends; all the In-
tereſts of this Kingdom, being ſo involved in that Bufineſs, We cannot but
quicken your Affections therein, and fhall defire you to frame your Coun-
cels
, and to give ſuch Expedition to the Work, as the Nature thereof
,
and the preſſures in point of Time requires, and whereof you are put in
Mind by the
daily inſolence and increaſe of thoſe Rebels.
For Concluſion, your promiſe to apply your ſelves to ſuch Courſes as may
Support Our Royal Eſtate with Honor and Plenty at Home, and with
Power and Reputation abroad, is that which we have ever promiſed Our
Self, both from your Loyalties and Affections, and alſo for what we have
already done, and ſhall daily go adding unto for the comfort and Happineſs
of Our People.
.
1
11
Vol. II.
Сcccc2.
:
His
1
1
.
I
:
746 An Impartial Collection of all the memorable Events
Decemb.
I 641.
His Majeſties Declaration to all His Loving
SUBJECTS,
Publiſhed with the advice of His Privy-Council.
A
1
Lthough We do not believe that Our Houſe of Commons intended,
by their Remonſtrance of the State of the Kingdom, to put us to
any Apology, either for Our paſt or preſent Actions : Notwithſtanding,
ſince they have thought it ſo very neceſary ( upon their Obſervation of
the preſent Diſtemper) to publiſh the ſame, for the ſatisfaction of all Our
Loving Subjects, We have thought it very ſuitable to the duty of Our
place ( with which God hath truſted vs) to do Our part to fo good a
Work, in which we ſhall not think it below our Kingly Dignity to de-
ſcend to any particular, which may compoſe and ſettle the Affections of Our
meaneſt Subjects, ſince we are ſo conſcious to Our Self of ſuch Upright
Intentions and Endeavours, and only of ſuch ( for which We give God
thanks ) for the Peace and Happineß of Our Kingdom, in which the prof-
perity of Our Subjects muſt be included, that We wiſh from Our heart,
that even Our moſt Secret thoughts were publiſhed to their View and Ex-
amination : Tliðugh We muſt confeß, We cannot but be very ſorry in this
Canjuncture of time ( when the unhappineſ of this Kingdom is ſo generally
underſtood abroad ) there ſhould be ſuch a neceſſity of publiſhing ſo many
particulais, from which, We pray, no inconveniencies may enſue that were
not intended.
We Jhall in fèiv hords paſ over that part of the Narrative, wherein the
Misfortunes of this Kingdom from Our firſt entring to the Croivn, to the
beginning of this- Parliament, are remembred in so ſenſible Expreſions :
And that other which acknowledgeth the many good Laws paſſed by Our
Grace and Favour this Parliament, for the Security of Our People ; of
lvhich we ſhall only ſay thus muchi
, That as We have not refuſed to paſs
any Bill: preſented to us by Our Parliament, for redreſ of thoſe Grie-
vances mentioned in the-Remonſtrance, So We have not had a grenter Mo-
tive for the paſſing thoſe Laws . then our own Reſolution grounded
upon Our Obfervation, and underſtanding the State of Our Kingdom) to
have freed Our. Subječts for the future, from thoſe Prellures which were
grievous io them if thoſe Laws had not been propounded, which therefore
We ſhall ás inviolably maintain, as We look to have Our own Rights pre-
Served, not doubting but all Our Loving Subjects will look on thoſe Reme-
dies, with that full grätitude and affection, that even the memory of, what
they have, formerly:
undergone by the Accidents and Neceſſities of thoſe
Times, will not be unpleaſant to them: And poſſibly "in a Pious Sence of
Gods Bleſſing upon this Nation ( low little Mare Soever We ſhall have of
the acknowledgment :-) Isey will confeß they have enjoyed a great meaſure
of Happineſ ( even theſe last ſixteen years) both in Peace and Plenty,
not only comparatizely in reſpect of their Neighbours, but even of thoſe
times which were jujily accounted Fortunate.
The Fears and Jealouſies which may make ſome Impreſſion in the minds
of Our People, We will ſuppoſe may be of two ſorts ; either for Religion,
or Liberty, and their civil Intereſts. The Fears for Religion may haply
be, not only as Ours here Eſtabliſhed, may be invaded by the Romiſ Party,
kut
wi
!
-
i
1
-1
BIH
I!
ሰዓት
LA
I w. W .' Hy het
#TIL HIJAU
A
to
青​所​王正 ​下
​i
4
143
i!
9
.
1
#!
4
IN
1
01.
from the Scotch Rebellion to the King's Murtber.
747
but as it is accompanied with ſome Ceremonies, at which ſome tender Con-) Decemb.
ſciences really are, cr pretend to be Scandalized, for of any other which 1641.
have been uſed without any legal Warrant or Injunttion, and already are, or
Speedily may be aboliſhed, we Jhall not ſpeak.
Concerning Religion, as there may be any fufpicion of favour or inclina-
tion to the Papiſts, We are willing to Declare to all the World, That as,
We have been from Our Child-hood bronght up in, and practiſed the Re-
ligicn no. Eſtabliſhed in this Kingdom ; ſo it is well known, We have
(not contented ſimply with the Principles of Our Education ) given a good
proportion of Our time and pains, to the Examination of the Grounds of this
Religion, as it is different from that of Rome, and are from our Soul so
fully ſatisfied and aſſured, that it is the moſt pure and agreeable to the
Sacred Word of God, of any Religion Now practiſed in the Cliriſtian World :
That as We believe We can maintain the ſame by inanſiverable Reaſons,
fo We hope We ſhould readily Seal to it by the Efuſion of Our Blood,
if it pleaſed God to call Us to that Sacrifice. And therefore nothing can
be ſo acceptable unto Vs, as any propoſition which may contribute to the
advancement of it here, or the propagation of it abroad, being the only
means to draw dourn a Bleſſing from God upon Our Selves, and this Nati-
And We have been extreamly unfortunate, if this profeſlion of Ours
be wanting to Our People :. Our conſtant practice in Oir own Perſon, ha-
ving always been ( without oftentation ) as much to the Evidence of Our
Care and Duty herein, es We could poſſibly tell how to expreß.
For differences amongst Our Selves, for matter's indifferent in their
own Nature concerning Religion, We ſhall
, in tenderneſs to any number of
Our Loving Subjects, very willingly comply with the advice of Our Par-
liament, that ſome Law may be made for the exemption of tender Con-
ſciences from puniſhment, or proſecution for ſuch Ceremonies, and in ſuch
caſes which by the judgment of moſt Men, are held to be matters indif-
ferent, and of ſome to be abſolutely unlawful. Provided that this caſe be
attempted, and purſued with that modeſty, temper and ſubmiſſion, that
in the mean time the peace and quiet of the Kingdom be not diſturbed,
the decency, and comelineſs of Gods Service diſcountenanced, nor the Pious,
Sober, and Devout actions of thoſe Reverend Perſons, who were the first
Labourers in the bleſſed Reformation, or of that time, be ſcandald and
defamed. For We cannot without grief of heart, and without. Some Tax
upon Our Self, and Our Miniſters for the not Execution of Our Laws,
look
upon the bold Licence of ſome Men, in Printing of Pamphlets, in
Preaching and Printing of Sermons, ſo full of bitterneſs and malice againſt
the preſent Government, againſt the Laws Eſtabliſhed, ſo full of Sedition
againſt Our Self, and the peace of the Kingdom, that we are many times
amazed to conſider by what-Eyes theſe things are ſeen, and by what Ears
they are heard ; And therefore we have good cauſe to Command, as we
have done, and hereby do, all Our Fudges and Miniſters of Juſtice, Our
Attorney and Sollicitor General, and the reſt of Our Learned Councel
, to
proceed with all ſpeed againſt ſuch, and their Abeitors, who either by
writing or words, have ſo boldly and maliciouſly violated the Laws, di-
fturbed the peace of thie Common-wealth ; and, as much as in them lies,
shaken the very Foundation upon which that peace and happineſs is Foun-
ded' and Conſtituted. And we doubt not but all Our Lòving Subjects
will be very ſenſible that this buſie, virulent demeanour is a fit Prologue
to nothing but Confufion; and if not very Seaſonably puniſhed and preven-
ted, will not“ cřily be a blemiſh to that wholſome accommodation We intend,
1
1
4
but I
+
748 An Impartial Collection of all the memorable Erents
1
1
1
9
Decemb. | but an unſpeakable Scandal and Imputation, even upon the Profeſſion and
16 41. Religion of this Our Kingdom of England.
Concerning the Civil Liberties and Interest of Our Subjects, We ſtall
need to ſay the leſs, having erected ſo many lasting Monuments of Our
Princely and Fatberly Care of Our People, in whoſe many excellent Laurs,
paſed by us this Parliament, which in truth ( with very much Content to
Our Self) We conceive to be so large and ample, that very many fober Men
have very little left to wiſh for.
We underſtood well the Right, and Pretences of Right, We departed
from in the conſenting to the Bills of the Triennial Parliament, for the con-
tinuance of this preſent Parliament, and in the preamble to the Bill of Tux-
nage and Poundage; the Matter of which having begot ſo many Diſturbances
in late Parliaments, We were willing to remove, that no Intereſt of Ours
might hereafter break that correſpondence, abundantly contenting Our Self,
with an Allurance (which We ſtill have ) that We ſhould be repaired and
Supplied by a juſt proportion of Confidence, Bounty and Obedience of Our
People. In the Bills for the taking away the High Commiſſion, and Star-
Chamber Courts, We believed We had given that real Satisfaction, that
all Fealouſies and Apprehenſions of Abitrary Preſſures under the Civil or
Ecclefiaftical State, would eaſily have been abandoned, eſpecially when
they ſaw all poſſible Doubts ſecured by the Viſitation of a Triennial Par-
liament:
Theſe, and others of no mean Conſideration, We had rather ſhould be va-
lued in the Hearts and Affections of Our People; then in any mention of Our
own, not doubting, but as We have taken all theſe Occaſions to render their
Condition moſt comfortable and happy, so they will always in a grateful and
dutiful relation, be ready with equal tenderneſs and alacrity, to advance
Our Righits, and preſerve Our Honor, upon which their own Security and
Subſiſtence ſo much depends. And we will be ſo careful, that no particular
Thall be Preſented unto Us, for the Compleating and Eſtabliſhing that
Security, to which We will not with the ſame readineſs contribute Our best
Aſiſtance.
If theſe Reſolutions be the Effects of our preſent Councels, ( and We
take God to witneſs, that they are ſuch, and that all Our loving Subjects
.
may confidently expect the benefit of them from Us ) Certainly no ill Deſign
upon the Publick, can accompany ſuch Reſolution, neither will there be grea-
ter Cauſe of Sufpition of any perſons preferred by us to degrees of Honor,
and Places of Truſt and Imployment ſince this Parliament. And We muſí
confeſs, That amongſt Our Misfortunes, We reckon it not the leaſt, Thai
having not retained in Our Service, nor protected any one Perſon, againſt
whom Our Parliament, hath excepted, during the whole fitting of it, and
having in all that time ſcarce vouchſafed to any Man an inſtance of Our
Grace and Favor, but to ſuch who were under fome eminent Character of E-
ſtimation among Our People, there ſhould so ſoon be any miſ-underſtanding
or jealouſy of their Fidelity and yprightneſs, eſpecially in a time when we
take all occaſions to declare; That We conceive Our Self only capable of be-
ing ſerved by Honeſt Men, and in honeſt Ways. However, if in Truth,
We have bin miſtaken in ſuch Our Election, the Particular ſhall be no
ſooner
diſcovered to Us, either by Our own Obſervation, or other certain Infor-
mation, then We will leave them to publick Juſtice, under the Marks of
Our Diſpleaſure.
If notwithſtanding this, any 'Malignant Party ſhall take Heart, and be
willing to Sacrifice the Peace and Happineſs of their Country to their own
finiſter
1
1
1
from the Scotchi Rebellion to the King-t Wurther, _749.
I 041.
11
Jiniſter Ends and Ambitions, under what pretence of Religion and Confcia Decemb.
ence ſoever ; If they hall endeavor to leſen Our Reputation and Inter-
eſt and to weaken Our lawful Power and Authority with Our good Subjects;
if they ſhall go about, by diſcounterancing the preſent Laws to looſe the
Bonds of Government, that all Diſorder and Confuſion may. Lreak in upon
Us, We doubt not, but God in his good time will diſcover them into US ;
and the wiſdom and courago of Our High Court of Parliament, joyn with
Üs in their suppréllion and Puniſhment.
Having now ſaid all that we can, tö expreſs the cleerneſs and upright-
neſs of Our Intentions to Ouř People, and done all We can to manifeſt thoſe
Intentions, We cannot but confidently believe all Our good Subjects will ac-
knowledg Our part to be fully performed, both in Deeds pult, and preſent
Reſolutions, to do whatſoever with Juſtice may be required of us, and that
their quiet and proſperity depends now wholly upon themſelves, and is in
their own power, by yielding all Obediencë and due Reverence to the Law,
which is the Inheritance of every Subject, and the only ſecurity he can have
for his Life, Liberty or Ejtare, and the which being neglected or dif-e-
Steemed (under what ſpecicus Jhews foever) a very great meaſure of Infeli-
city, if not an irreparable confuſion muſt without doult fall upon them. And
We doubt not it will be the most acceptable Declaration a King can make to
His Subjects, that for Our part We are reſolved not only duly to obſerve
the Laws of Our Self
, but to maintain then againſt what oppoſition foever,
though with the hazard of Our being.
And Our hope is, that not only the Loyalty and good Affections of all Our
loving Subjects, will concur with us in the coſtant preſerving a good under-
ſtanding between Vs and Our People, but at this time their own and Our
intereſt and compallion of the lamentable Condition of our poor Proteſtant
Subjects in Ireland, will invite them to a fair Intelligence and Unitya-
mongſt themſelves, that ſo IVe may with one Heart intend the relieving:
and recovering that unhappy Kingdom, where thoſe barbarous Rebels pra-
Etice ſuch Inhumane and unheard of Outrages upon Our miſerable People,
that no Chriſtian Ear can hear without korror, nor ſtory parallel And as
We look upon this as the greateſt affliction, it bath pleaſed God to lay upon
Us, so Our unhappineſs is increaſed, in that by the Diflempers at home, ſo
early Remedies have not lin applyed to thoſe growing Evils, as the Expe-
étation and neceſſity there requires, though for Our part, as We did upon
the firſt Notice acquaint Our Parliament of Scotland, (where We then
were ) with that Rebellion, requiring their Aid and Asſiſtance, and gape
like Speedy Intimation and Recommendation to Our Parliament bere ; ſo
fince Our Return hither, We have bin forward 10 all things which have bin
propoſed to us towards that work, and have lately Our Self offered by a
Mel age to Our Houſe of Peers, and communicated to Our Houſe of Com-
mons) to take upon Us the Care to raiſe Speedily 10000 Engliſh Voluntiers
for that Service, if the Houſe of Commons Jhall declare, that they will pay
them; which particulars We are (in a manner) neceſſitated to publiſ,
Since We are informed that the Malice of ſome Perſons' bath whiſpered it
abroad, That the no Speedier advancing of the buſineſs, hath proceeded from
ſome want of alacrity in Vs to this great Work, whereas We acknowledge
it a high Crime againſt Almighty God, and inexcuſable to Our good Sub-
jects of Our Three Kingdoms, if We did not to the utmoſt imploy all our
Powers and Faculties to the ſpeedieſt and moſt effectual Allistance and Pro-
tection of that diſtreled People.
And We ſhall now conjure all Our good Şubject (of what degree foever)
by
+
$
.
។
750 An Impartial Collečtion of all the memorable Events
Decemb. | by all the Bords of Love, Duty or Obedience, that are precious to good Men
1641.
to joyn with us for the Recovery of the Peace of that Kingdom, and the
preſervation of the peace of this, to remove all their Doubts and Fears,
whicls may interrupt their Affection to Us, and all their fealouſies and Ap-
prehenſions, which may leſen their Charity to each other, and then ( if the
Sins of this Nation have not prepared an inevitable Fudgment for us all)
God will yet make us a Great and Glorious King, over a Free and Happy
People.
Thurſday,
Sir Philip Stapleton brings a Meſſage from the Commons, To delire
Decemb. 16. that the Proceedings in the Affairs of Ireland may be taken into Confide-
ration with Expedition.
Firſt, That their Lordſhips would give a ſpeedy Anſwer touching the
Bill for prelling of Soldiers.
Secondly, To joyn with them in their Deſires to His Majeſty, that he
will make a Declaration againſt Toleration of the Popiſh Religion.
Thirdly, To give the Commons a Conference by a Committee of both
Houſes, touching the Treaty with the Scots, concerning the buſineſs of Ire-
land; To the laſt of which the Houſe aſſented, and ſaid, they would
take the two firſt into conſideration.
The Lord Chamberlain Reported, That himſelf, and the Lord Steward
had attended the King with the Melage concerning the Seven Condemned
Prieſts; and that His Majeſty returns this Anſwer for the preſent, That
he will take it into Confideration, and return an Anſwer to the
Houſe.
Then the Arch-Biſhop of York Reported the Proteſtation to be entred
in the Journals of both Houſes, concerning breach of Priviledge ; as al-
ſo the Petition and Remonſtrance to be preſented to the King upon
that matter: The Declaratory Proteſtation was read in hæc verba..
Hereas His Moft Excellent Majeſty did upon Tueſday laſt in
tcry Protcfta.
full Parliament, in a Speech to both Houſes, take notice of a Bill
ing breach of for the preſling of Soldiers, being in Agitation in the ſaid Houſe, and
Priviledge.
not agreed upin; and did offer a Salvo Jure, or Proviſional to be added
to the ſaid Bill
, and did at the ſame time declare his Diſpleaſure againſt
Some Perſon or Perſons, which had moved ſome Doubt or Queſtion concer-
ning the ſame ; The Lords and Commons do Proteſt and Declare, That
Such His Majeſty's Speech is contrary to the Fundamental, Ancient, and
Pindoubted. Liberty and Priviledge of Parliament, and that it doth of
Right belong unto them, amongst other Privileges of the High Court of
Parliament, that the King ought not to take notice of any matter in Agi-
tation or Debate, in either of the Houſes of Parliament but by their In-
formation or Agreement; and that His Majeſty ought not to propound
any Condition, Proviſion, or Limitation, to any Bill or Axt in Debate or
Preparation, in either Houſe of Parliament, or to manifest or declare his
Confent, or Diſſent, Approbation or Diſlike of the ſame, before it be prea
Jinted to him by the conſent of both Houſes : And that every particular
Member of either Houſe hath free Liberty of Speecis
, to Propound or De-
late any matter, according to the Order and Courſe of Parliament : And
that His Majeſty ought not to couceive diſpleaſure againſt any Man, for
Such Opinions and Propoſitions as Mall be delivered in ſuch Debate, it
belonging to the ſeveral Houſes of Parliament reſpectively to Judge and
Letermine Juch Errors and Offences, in Words or Actions, as shall be com-
mitted
Thic Declara.
W
tion concern-
:
+
U
-
.
i
i
!
&
!
from the Scotch Rebellion to the King's Murther. 751
mitted by any of their Members, in handling and debating any. Matters, Decemb.
there depending ; and for the preſervation of the ſaid Priviledges for 16 41:
the time to come, they do ordain and appoint, That this their Proteſtati-
on and Declaration ſhall be entred in both Houſes, and that an humble
Remonſtrance and Petition, ſhall be framed, and preſented to His Maa
jeſty in the Name of both Houſes, declaring this their Ancient and Vn-
doubted Right, humbly defiring His Majeſty to obſerve and maintain the
Said Priviledges ;, and that he will not take notice of any particular Man's
Speeches or Carriage concerning any matter in Treaty and Debate in Par-
liament, or conceive any offence or di'pleaſure for the ſame, but that he
will declare and make known the Name or Names of the Perſon or Per-
Sons, by whoſe miſinformation and evil Council he was induced to the
Breach of the Priviledges of Parliament aforementioned.
los
LT
.
After the Reading whereof, it was Reſolved upon the Queſtion, That
this Declaratory Proteſtation now read, is approved of, and ſhall be En-
tred into the Journal of this Houſe.
Memorandum, It is declared by this Houſe, That the. Perſon or Pera
Sons, whom the King ſhall Name, ſhall not be liable to any puniſhment with;
out further proof.
Next the Petition and Remonſtrance was read in theſe Words.
2
$
8
YO
To the King's moſt Excellent Majeſty,
The Humble Petition of the Lords and Commons in Par-
liament concerning His Majeſty's Speech, of the 14th of
December, 1641.
Moſt Gracious Sovereign,
Our Majeſties molt Humble and Loyal Subjects,: the Lords and Com- The Petition
mons in Parliament, Do, with all Faithfulneſs and Zeal to Tour Ma- of the Parlia-
jejties Service, acknowledge Tour Royal Favour and Protection to be a ing breach of
great Bleſling and Security to them, for the enjoying and preſerving of all Priviledge by
thoſe publick and private Lilerties and Priviledges which belong unto of pecemb. 14
them: And whenfoever any of thoſe Liberties or Priviledges ſhall be 1641.
invaded, or broken, they hold themſelves bound with humility and
confidence, to refort to Tour Princely Juſtice for redreſ and ſatisfaction.
And becauſe the Rights and. Priviledges of Parliament are the Birtha
right and Inheritance, not only of themſelves, but of the whole Kingdom,
wherein every one of Your Subjects is intereſed. The maintenance and
preſervation whereof doth very highly conduce to the publick peace and
prosperity of Tour Majeſty and all Tour People ; they conceive themſelves
more eſpecially obliged with all humbleneſs and care; yea, with all earneft-
neß and conſtancy of reſolution, and endeavour to maintain and defend the
fame. Amongst other the Priviledges of Parliament ; they do with all
dutiful Reverence to Tour moſt Excellent. Majeſty declare, That it is their
Ancient and Undoubted Right, that Your Majeſty ought not to take no-
tice of any matter in Agitation and Debate in either Houſes of Parlia-
ment, but by their information and agreement : And that Tour Majeſty
ought not to propound any Condition, Proviſion, or Limitation to
Vol. II.
Ddddd
1
1
1
or
2
!
1
752 An Impartial Collection of all the memorable Events
Decemb. for Act in Debate or preparation in either Houſes of Parliament ; or to
16 4 1. manifeſt or declarè your conſent or diſent, approbation or diſlike of the
fame, before it be preſented to Your Majeſty in due courſe of Parliament :
And that every particular Member of either Houſe hath free liberty of
Speech to propound or debate any matter according to the order and courſe
of Parliament : And that Tour Majeſty ought not to conceive diſpleaſure
againſt any Man for ſuch Opinions and Propoſitions as ſhall be delivered in
Vuch debate, it belonging to the ſeveral Houſes of Parliament reſpective-
ly to judge and determine ſuch Errors and Offences in Words or Actions as
Thall be committed by any their Members, in the handling or debating any
matters depending.
They do further declare, That all the Priviledges above-mentioned
have been lately broken, to the great forrow and grievance of your moſt
humble and faithful Subjects in that Speech which Tour Majeſty made in
Parliament to both Houſes upon Tueſday laſt, the 14th of this preſent
Month of December, in that Tour Majeſty did therein take notice of a Bill
for imprelling of Soldiers, being in Agitation in the ſaid Houſes, and not
agreed upon : And that Tour Majeſty did therein offer a Salvo Jure, or
proviſional Clauſe to be added to that Bill before it was preſented to Tour
Majeſty by the conſent of both Houſes, and did at the ſame time declare
Tour diſpleaſure againſt ſuch Perſons as had moved ſome Doubt or Que-
stion concerning the ſame Bill. All which they do affirm and declare to
be againſt the Ancient, Lawful and Undoubted Priviledges and Liber-
ties of Parliament.
And therefore they moſt humbly beſeech Tour Majeſty, by Tour Royal
Power and Authority, to maintain ard protect them in theſe and all other
the Priviledges of Tour High Coirt of Parliament, that ſou will not for
the time to come, break or interrupi the ſame. : And that note of Tour
Loyal Subjects may ſuffer or ſuſtain any prejudice in Your Majeſties
favour
or good opinion for any thing done or Spoken in Parliament. And for the
reparation of Tour Loyal Subjects in this their júſt Grievance and Com-
plaint, for the Breaches of their Priviledges above-mentioned, and pre-
vention of the like, for the time to come : That Your Majeſty will be plea-
sed to declare and make known the Name or Names of the perſon or Pêr-
fons, by whoſe mif-information ord evil Counſel Tour Majeſty was induced
to the ſame, that fo he or they may receive Juch condigne puniſhment, as
lhall appertain to Juſtice in that behalf
. And this they most bumblý de-
fire, and as Tour greateſt and moſt faithful Councel ſhall adviſe Tour Ma-
jesty to perform, as that which will le not only a comfort to themſelves,
but likewiſe a great advantage to Tour Majeſty, by procuring and confirma
ing ſuch a Confidence and Unity betwixt Tour Majeſty and Tour People,
as may be a foundation of Honour, Safety, and Happineſ to Tour Perſon
and Throne, as they ſtand bound always to pray for, and endeavour.
Which being done, it was Reſolved upon the Queſtion, I kat this
Petition and Remonftrance now read, jhall be preſented to the King,
and thefe Lords following were appointed to go alồng with ſuch Members
'as the Houſe of Commons ſhould appoint, to attend the King accordingly.
Viż. Arch-Biſhop of York, Lord Steward, Earl Marſbal, Lord Admiral,
Earl of Bath, Earl of Dorſet, Earl of Cambridge, Earl of Briſtol, Earl
of Holland, Lord Wharton. The Commons appointed the fame Com-
mittee for this Service which are before named; to whom were added,
Sir Henry Vane Senior, Mr. Liſle, Sir Ralph Hopton, Lord Cromptoit
,
Lord
:
1
1,
#
F.
1.1
u
yl ang
ש זוין
TU
..
.
។
1
ki
Հեյ և
H:
::
.
.
.
1
1
L
1
45
Mayor of Ber-
+
S.
from the Scotch Rebellion to the King's Murtber. 753
Lord Buckkurſt, Mr. Jones, Sir Edward Patherich, Mr. Palmer, Sir Rich. Decemb.
Buller, Sir Sam.Oldfield, Sir Simon D'Ewes, Mr.Cary, Sir Jo. Culpeper, Sir 164 1.
Rob. Harley, Sir Foln Clotworthy.
The Lord Steward, and the Earl of Holland were appointed preſent-
ly to attend the King, To know what time he will pleaſe to appoint the
Select Committees of both Houſes may wait upon him for this purpoſe. To
which the Lord Steward brought Anſwer, That the l'ing appoints to
morrow at two of the Clock at White-Hall.
In the Commons Houſe, after the Reading and Voting of the Prote-Orders to the
ſtation, Petition, and Declaration, It was Ordered, That Mr. Speaker
. do
wice, Hal,and
write his Letters to the Mayor of Berwick, enjoyning him to require fuch Nen-Castle to
Papiſts and ſuspected Perſons as reſide in Berwick, or make their Conſtant thofe Places.
repair thither, forthwith to depart the Town ; and ſuch as ſhall refuſe, to
tender the Oaths of Supremacy and Allegiance unto them; and to proceed
againſt them according to Law : And to require him, that a Guard be
kept at the ſeveral Gates of that Town ; and that the Arms of that place
bé in readineſ. And Mr. Speaker is likewiſe to write to the Mayor of.
Newcaſtle, and to the Mayor of Hull, requiring them to have a ſpecial
Care in the diſarming of Recuſants, and injoining them to depart thoſe
places, and ſuch as Mall refuſe, to tender unto them the Oaths of Supre-
macy and Allegiance, and to proceed againſt them according to Law, and
to have the Arms of thoſe Towns in a Readineſs and good Condition, for
the defence of thinſe Places ; eſpecially the Mayor of Hull to provide well
for the ſafety of the Magazine there : And that Sir Robert Harley and
Mr. Littleton do repair to the Lord Keeper, and to deſire him to iſſue out
Commiſſions to tle Mayors of Berwick, Hull and Newcaſtle, enabling
them to tender the Oaths of Supremacy and Allegiance to Papiſts and ſuf-
preted Perfoss.
After which, it was Reſolved upon the Queſtion, That Sir James Sir fames
Douglaſs ſhall be ſent for as a Delinquent, by the Serjeant at Arms at-rent for as a
tending the Houſe.
Delinquent.
A Petition of the Knights and Gentlemen of the County of Hertford, Hertford hire
on the behalf of themſelves and divers others, was this day read, and Petition.
it was Ordered, That the ſame ſhall be taken into conſideration, on Sa-
turday next ; and alſo at the ſame time to Debute ſuch other Matters
as ſhall be neceſſary for the defence of the Kingdom, and of putting the
Kingdom into a Poſture of Defence. And Mr. Speaker is to put the Houſe
in mind of this Order.
I have not been able to recover this Petition, but it is eaſie by the
Order that treads upon the Heels of it, to know that the Matter was
putting the Biſhops out, and the Kingdom into a Poſture of Defence ;
which Two Topicks were by the indefatigable Emiſſarics of the Facti-
on laboured for night and day : To ſay the truth, they were the moſt
induſtrious Sollicitors to promote miſchief that ever the Sun faw, and
uſed the utmoſt diligence to ſet fuch Petitions on foot, and by all the
Arts imaginable, but more particularly by threatening the Timerous
with the Parliaments diſpleaſure, fo procure hands to ſuch Petitions,
which were to be preſented to the Houſes as the Senſe of the Nation;
by which way of procedure they endeavoured to put a fair Counte-
nance upon
their actions, as being the Reſults of the Deſires of the
People, when as in reality they were their own Contrivances, and thoſe
Petitions were moſt of them framed by a Functo of the Faction at Lon-
Vol. II.
D d d d d 2
don
2
.
Douglas to be
1
*
i
12
+
754
An Impartial Colle&tion of all the memorable Events
Decemb. don, and then by their Agents ſent down and ſet afoot in the Country.
I 641.
It was alſo Ordered, That Sir Robert Cooke do repair to the Lord
Lieutenant of Ireland, and to deſire him for the Expediting of the Ser-
vice of that Kingdom, io illue forth Commiſſions for the Railing of two
Regiments in Ulſter ; and alſo to haſten all other Commiſſions, for the Rai.
ſing of Men for that Kingdom ; and to acquaint him with the Two Orders
for the Impreſſing of 3000 l. for the. Raiſing, Condutting, and Tranſpor-
ting 2 Regiments of 1500 Men; and to the Maſter of the Ordnance, to
deliver unto him ſuch quantities of Powder, as mall be thought neceſſary
for the preſent Expedition to be ſent into Munſter in Ireland.
Friday, The Arch-Biſhop of Tork Reports, That the Committee of this Houſe
Decemb. 17. met with the Select Committee of the Houſe of Commons, and waited on
the King at White-Hall, and delivered unto his Majeſty the Petition
and Remonſtrance of both Houſes, touching the Priviledge of Parliament,
and his Majeſty returns this Anſwer, That he will ſend an Anſver in con-
venient time in Writing,
The Houſe of Lords then fell into debate about ſeveral Amend-
ments to the Declaration, to be offered to the King, not to Tolerate the
Popiſh Religion in Ireland, or any other of His Majeſties Dominions,
and it being
moved, That a Clauſe might be added, That no Religion
might be Tolerated, but what is Eſtabliſhed by the Laws of this Kingdom ;
The Lords of the Faction being aware of the Conſequence, and being as
much reſolved to deſtroy the Religion by Law Eſtabliſhed, as the Pa-
piſts could be for the hearts of them, therefore ſtoutly oppoſed' it, and
after a long Debate, It was Ordered, That this Houſe approves of, and
confirms the Report with the Amendments and Alterations, and that the
Clauſe againſt Tolleration of Popiſh Religion ſhall go ſingly as it is, and that
the Amendments and Alterations be communicated to the Houſe of Com-
mons : And it was further Ordered,That the Earl of Briſtol do draw a De-
claration to this Effect, That no Religion ſhall be Tolerated in his Majeſties
Dominions of England and Ireland, but what is or fall be Eſtabliſhed by
the Laws of this Kingdom, and preſent the ſame to the Committee for Ré-
ligion, who are to meet on Tueſday next, at ſuch time and Place as the
Houſe ſhall appoint on Monday.
A Meſſage was brought from the Houſe of Commons by Sir Arthur
Hazlerigg, to let their Lordſhip know, That the Commons da fully agree
to the three Days appointed for the Faſt. The Days were Wednejday
.
next for both Houſes of Parliament, and London, Thurſday next fór.
the City of Weſtminſter; and Thurſday come Month for the whole King-
dom. Then the Houſe appointed the Lord Arch-Biſhop of Tork to
Preach the Faſt Sermon in the Abby before the Lords in the Morning,
and the Lord Primate of Armagh to Preach in the Afternoon; and Tueſa
day was appointed to be the day for gathering the Collection of the
Lords, towards the Relief of the poor. diſtreſſed Engliſh, who had been
Itripped and deſpoiled by the Rebels.
The Commons fell upon the Revived Affair of the Plot of the Army,
Mr. Daniel
and firſt the Impeachment of the Commons Houſe of Parliament againſt
Mr. Firmyn; Daniel O Neal Éſq; for High Treaſon, was this Day read, and Re-Com-
to be Impea- Imitted to the ſame Committee; to prepare:it in ſuch a way, aş that all
clied of High the Evidence may be brought in.
Then it was Reſolved, &c. That Mr. Jermyn, Mr. Percy, and Sir John
Suckling, ſhall be. Accuſed by this Houſe for the preſent, and. Impeached.
of High Treaſon.
The!
+
The Faſt for
Ireland
3
2
.
:
I.
1
-
i
O Neal, and
VI!
II
Treaſon.
ch
!
RE
+
+
EU
j
Nud
Ilmu
16
+
!! than
Y
Tilbud
I
1
!
G
1 641.
ley ordered to
be Bailed.
" 시
​his Majeſty.
from the Scotch Rebellion to ibe King's Murther.
755
The Queſtion was propounded, Whether Sir John Berkley ſhall be
Decemb.
bailed, upon the tender of ſuch Bail, as this Houſe ſhall allow of, and
then the Queſtion was put,Whether this Queſtion ſhould be now put the
Houſe was
divided, the Yeas went forth, with the Yeas 104; with the No.
98, ſo it paſſed in the Affirmative; then the Queſtion was put, Whether
Sir John Berkley ſhould be bailed, the Houſe was divided again and the
Yeas went out, with the Yeas 122, with the No, 84. Whereupon it was Sir John Berk.
Ordered, That Sir John Berkely ſhould be bailed.
A Petition from the County of Surrey was read, and ſuch Gentlemen
as did attend, were called in, and did avow it, and Mr. Speaker told
them, That this Houſe did accept it in good Part, and did not doult of
the Truth of it, that they might get more Hands, as is dlledge'd in the l'e-
tition, they are ſatisfied with thoſe already gotten; ani for the procuring of
more the Houſe referred it to their Fudgment.
Mr. Pym Reported, That theCommittee who attended his Majeſty, had Mr. Priseres
a ſuddain admittance, and a gracious acceptance, that the Lord Arch-bi- livery of the
ſhop of York read the Petition, and bis Majeſty ſaid, That as it liad taka Petition to
en ſome time to prepare, ſo he would take ſome time to anſwer it, and that
lejt there might be ſome Miſtakes in Words, he would give his Afwer in
Writing
Then the Houſe fell upon the Buſineſs of Ireland, and it was Re- vores concern-
folved, &c.
ing Ireland.
That the Pay to the Officers of the new Levies, ſhall continue for ſix
Months according to the proportioits formerly reſolved upon, if the Wars
fall ſo long continue.
Reſolved, &c. That the Lord Lieutenant of Ireland, shall be direéled
to pay 562 1. 19 s. Ad. according to the Rate agreed upon, being a Months
Pay, for the Officers of his own Regiment.
Reſolved, That the Lord Dungaruan's Troop, ſhall have a Months Pay
according to the Rate agreed upon.
Reſolved, &c. That 114.1. 16 s. o. being' a Mortlis Pay ſhall be paid
to the Officers of the four hundred Fire-lock's, conſiſting of two Compa-
nies.
Reſolved, Gc. That 800 l.ft.all be impreſted for the Raiſing, Conducting
and Tranſporting into Ireland, the ſaid 400 Fire-locks, and keeping them
there till the firſt Muſter.
Reſolved, &c. That the Sum of 214 1. 13 si 4 d. ſliall be paid to the
Officers of the 500 Men in five Companies, which are to go to Knockfergus
for a Months Pay.
Reſolved, &c. That the Sum of 1000 l. Jhall be paid for the Levying,
Conducting and Tranſporting the ſaid 500 Men, and keeping them there
till their firſt Muſter.
Reſolved, &c. That 432 1. 135. 4 d. being for a Months Pay, ſhall be
paid to the Officers of a Regiment of 1000 Men in Nine Companies for
Munſter.
Reſolved, &c. That 1000 1. ſhall be impreſted for the Levying, Cordu-
Eting and Tranſporting into Ireland 500 of thoſe Men, which are to be raiſ-
ed here in England, for the ſaid Province of Munſter, and for the keeping
them together till the firſt Muſter.
Reſolved, &c. That 5431. 4 s. ſhall be paid to the Officers of the Troops
of the 300 Carabins, being for a Months Pay.
Reſolved, &c. That the Sum of 4128 1. ſhall be paid for the Levying of
the 300 Carabins, and for the 44 Horſes for the Officers of the 4 Troops,
reckoning
1
756
11
+
:
An Impartial Collection of all the memorable Events
Decemb. (reckoning to every Troop eleven Horſes, which makes in all 344 Horſes,
I 641.
at 12 1. & Horſe, and for the Condutting the ſaid Horſes to Cheſter, and
keeping them there till they are Muſter’d, and that so ſoon as they are
Muſter'd, they ſhall enter into Pay, and that a Commiſſary do go along with
them to Multer them, ſo ſoon as they come there, and likewiſe that À Com-
millary continue there, and Muſter them when they go into the ship. The
Saddles to be furniſhed out of his Majeſties Stores.
Reſolved, &c., That 179 l. 4s. being for one Months Pay, ſhall be paid
to the Officers of tbe 300 Dragoons in three Companies.
Reſolved, &c. That 5l. a Horſe ſhall be allowed for the 300 Dragoons and
for the 33 Horſes for the Officers, allowing to every Company 11 Horſes;
for the buying of them, and bringing them upon the Place of Muſter, and
then to enter into Pay.
Reſolved, &c. Ibat 200 l. more, ſhall be forthwith impreſted upon ac-
count to the Officers of the Ordnance, for the carrying down the Arms to
Cheſter, out of the:50000 l. lent by the City of London, for the Affairs of
Ireland.
Reſolved, &c. That 1861. 135: 4 d. being one Months Pay, ſhall be
paid to the Officers, which are to Command the five hundred Men in the
Province of Connaght being Officers of five ſingle Companies.
Reſolved, Sc. That a Morths Pay for Sir Simon Harcourt's Regiment
of 1100 Men, viz. For the Officers 470 1. and for the 1100 Men 10261.
jhall be likewiſe paid.
Ordered, That Owen O Connelly be from this Houſe recommended to
the L. Lieutenant of Ireland, to have the Command of one of the Compa-
nies of Dragooners.
The Houſe of Commons having by Vote aſſented to the time of the
Faſt, Mr. Calamy and Mr. Marſhal are deſired to preach on that Day,
Saturday,
at St.MargaretsWeſtminſter before the Houſe of Commons;and Sir Robert
Decemb. 18. Harlow undertook to give Mr. Calamy notice, and Sir Thomas Barrington
to Mr. Marſhal.
The Lord Steward acquainted the Houſe, That the King aſſented to
the Deſires of both Houſes concerning the Faſt, and the Dayes they have
agreed upon.
The É. of Briſtol Reported a Paper containing the Senſe of the Houſe
yeſterday, concerning the firſt Propoſition of the Scots Commiſſioners,
which was read in hæc verba.
That the Houſe of Peers will aſſent to the ſending 1ooooScots,but under
this Condition, that it be preſently voted in both Houſes, and aſented un-
to by his Majeſty, that 10000 Engliſh be likewiſe ſent with all the poſſible
ſpeed as may be, and that all ſuch Monies as ſhall be raiſed and aſſigned
for this expedition be equally divided; and that proportion, as belongerh
to the Engliſh, be not meddled withal, upon any Occaſion, but be wholly
imployed for the raiſing and ſending away 10000 Engliſh, and this is like-
wiſe to be underſtood, beſides the 2000 Engliſh Hurle, which have been in
Propohtion to be defired.
A Meſſage was then brought up from the Houſe of Commons by Ar:
Neal impeach- thur Goodwin Eſquire, to let their Lordſhips know, That he was comman-
ercafon, and ded by the Knights, Citizens and Burgeles for the Commons,now Aſembled
committed to in Parliament to accuſe, and in the Name of the Houſe of Commons, and
the Gate-Hiuje.
of all the Commons of England, did accuſe Daniel O Neal of High Trea-
1
E
Mr. Danielo
ſon :
1,4
!
1
+
I 6.41.
from the Scotch Rebellion to the King's Murther. 757
Son :, and further be was to deſire, That their Lordſhips would fend for | Decemb.
the ſaid Daniel O Neal, and commit him to fafe Cuſtody, and in conteni-
ent time, the Houſe of Commons will bring up the particular Charge againſt
him.
Whereupon a Warrant was ſent to bring Daniel O Neal before the
Lords, which being done, and he being brouglit to the Bar as a Delin-
quent, the Lord Keeper by the Command of the Houſe told him. That
le is accuſed by the Houſe of Commons, in the Name of the Houſe of
Commons, and of all the Commons of England of High Treafon ; and that
this Houſe doth commit him to the Priſon of the Gatehouſe in Weſtmin-
ſter, there to remain until the Pleaſure of this Houſe be further
known.
After this the Houſe fell upon the Bill for preſſing of Soldiers, and it
was moved, That before it be debated by this Houſe, Mr. Attorney Ge-
neral may be heard, what he can ſay for the King therein, if he deſires it.
Hereupon Mr. Attorney General deſired the Houſe to give him leave to
be heard for the King concerning the ſaid Bill, which the Houſe gave
way unto, and then preſently Mr. Attorney made a long Argument in
the King's behalf, which being done, the Houſe Ordered that the dea
bate of the ſaid Bill for preſſing of Soldiers ſhould be upon Munday
next.
In the Commons Houſe among other things, the Conſideration of
the Navy came under Debate, and it was Ordered, That the Committee
formerly appointed to conſider of the Affairs of the Navy, do draw an Ora
der according to the Debate this Day, about the diſpoſing of tle Monies for
Tunnige and Poundage, and likewiſe to conſider. what Way is fit for this
Houfe to take for the Continuance of Sir Henry Vane in the Place of Trea-
ſurer for the Navy.
Then the Humble Petition of the Officers of the late Army was read, The Officers
and ſome of the Officers that preſented it were called in, and Mr. Spea- their Arrears;
ker told them, That it was the great necellities of this Kingdom that had and are an-
unexpectedly fallen upon them, which hath prevenred the full Satisfaction, ſmoothly.
which the Houſe much deſired to give them, that within a very ſmall time,
they hope they ſhall be able to do it.
This Day the King ſends by the Lord Keeper a Meſſage, to let the Monday,
Houſe of Lords know, That he would ſend his Anſwer to the Petition this Decemb: 201
Afternoon, ſo ſoon as the Committees of both Houſes do attend him, which
was immediately by a Meſſenger communicated to the Com-
mons.
-
5
Next a Petition was delivered into the Houſe by the Lord Keeper, by
Command of the King, from the County of Cheſter, concerning Church
Government and the Book of Common Prayer, but it it was laid aſide for
the preſent, being not very welcome.
Theſe People notwithſtanding the rebuke, which Sir Thomas Aſton
had met with, for a Petition of this Nature, yet in the midſt of theſe
wicked Times durſt be honeſt, and publickly avow themſelves fo, which
was far more.
The Petition, as I find it in a Collection of Petitions, printed after-
wards by his Majeſties Command at Tork, to let the World ſee, that a
very conſiderable Part of the Nation was utterly againſt the pretended
Reformation, was as follows.
Το
>
+
1
*
4.
758 An Impartial Colle&tion of all the memorable Events
Decemb.
1 641.
To the King's Moſt Excellent Majeſty, and to the Right
Honorable ihe Lords, and the Honorable'the Houſe
of Commons, Aſſembled in Parliament.
The Humble Petition of divers of the Nobility, Juſtices, Gentry, Mi-
niſters, Freeholders, and other Inliabitants of the County Palatine of
Cheſter, whoſe Names are contained in the Schedule Annexed.
The Chebire
Pctition for
the Common
Prayer, and
ſuppreilion of
Y
&c.
i
in Duty,
Us.
Our Petitioners with allCbeerfulneſs and Contentation,affying in the
happy ſettlement of the Diſtractions both of Church and State, by
his Majeſties pious Care, and the prudent and religious Indeavors
Schuimaticks
, of this Honorable Aſſembly, and with due Humility and Obedience, ſub-
mitting to the unanimous Concluſons thereof, yet conceive themſelves bound
Humbly to repreſent to your mature Conſiderations, That the preſent
Diſorders of many 7 urbulent and Ill-diſpoſed Spirits, are ſuch, as give not
only Occaſion of preſent diſcontent to your Petitioners, but ſeem to import
Some ill event without early prevention.
The
pure
Seed of our Faith, the Doctrine of the Reformed Proteſtant
Religion, Eſtabliſhed by ſo many Acts of Parliament, and ſo harmoniouſly
concurring with the Confeſſions of all other Reformed Churches, being taint-
ted with the Tares of divers Sects and Schiſmes, lately Sprung up amongſt
Our Pious, Laudable and Ancient Form of Divine Service, compoſed by
the Holy Martyrs, and worthy Inſtruments of Reformation ; Eſtabliſhed
by the prudent Sages of State, your religious Predeceſors; honored by the
Approbation of many learned Foreign Divines; ſubſcribed by the Mini-
ſtry of the whole Kingdom ; and with ſuch general Content, received by all
the Laity, that ſcarce any Family or Perſon that can read, but are furni-
jhed with the Books of Common Prayer; in the conſcionable Uſe whereof,
many Chriſtian Hearts have found unspeakable Foy and Comfort; wherein
the famous Church of England our dear Mother bath juſt Cauſe to Glory:
and may She long flouriſh in the Practiſe of ſo bleſſed a Liturgy! * Tet it
is now not only depraved by many of thoſe who ſhould teach Cinformity to
Burgeſs
, &c. of Eſtabliſhed Laws, but, in Contempt thereof, in many Places wholly negle-
cted. All theſe dayly practiſed with Confidence, without Puniſhment, to
the great dejection of many Sound Proteſtants, and occaſioning sogreat inful-
temper of the tuition and rejoycing in ſome Separatiſts, * as they not only ſeem to por-
Schifmaticks" tend, but menace ſome great Alteration ; and not containing them-
felves within the Bounds of Civil-Government, do commit many tumul-
firſt original
tuous, if not Sacrilegious Violences, both by Day and Night, upon di-
vers Churches.
Therefore your Petitioners, being all very apprehenſive of the dangerous
Conſequences of Innovation, and much ſcandalized at the preſent Diſorders,
Do all unanimouſly Pray,
That there be admitted no Innovation of Doctrine or Liturgy, that
Holy Publick Service, being so faſt rooted by a long Setled con-
tinuance in this Church, that in Our Opinion and Judgments it
cannot be altered, unleſs by the Advice and conſent of ſome
National Synod, without an univerſal Diſcontent; and that ſome
Speedy
*
This theRea-
der will rec
preſently in a
Peririon by Dr.
His Day.
* The true
from their
to this Day.
4
+
+
1
1
..
11
from the Scotch Rébellion to the King's Murther. 759
Speedy Courſe be taken to ſuppreſ ſuch Schiſmaticks; and Sepa-| Decemb.
ratiſts, whoſe factious Spirits do evidently in danger the Peace
1:641.
both of Church and State.
ti
And Your Petitioners ſhall ever Pray, &c.
Signed by Lords, Knights, Juſtices of the Peace, and Eſquires_94
By Gentlemen of Quality,
440
By Divines
-86
By Free-holders and others, in all-
8936
.
ming
In all
9556
Anid in regard their Piety and Loyalty deſerves a place in the Records
of time, and that in theſe Petitions the Reader will ſee the Temper and
Genius of theſe Seditious and Turbulent Sectaries and Schiſmaticks,
the very Peſts of Church and State ; the main Occaſioners, Managers,
Promoters, Contrivers, Encouragers, Supporters, and Conductors of this
moft Execrable Rebellion, from its firſt Original till its laſt fatal Period,
moſt accurately pointed out, in the juſt and too modeſt complaints of
theſe Petitions ; for the Times and Perſons would not bear truth, unleſs
apparelled in the moſt ſubmiſſive Garb and Poſture. I will here fub-
joyn Sir Thomas Aſhton's Petition, which was preſented to the Lords;
and for which he received a ſmart rebuke, and narrowly eſcaped a Prió
fon, which I ſhould have done in its proper place, had this Collection
of Petitions then come to my hands. The Petition was as follows.
To the High and Honorable Court of Parliamenit,
The Nobility, Knights, Gentry, Minſters, Freeholders, and Inhabi-
tants of the County Palatine of Cheſter, whoſe Names are
Subſcribed in ſeveral Schedules hereunto Annexed.
T
vered to the
Humbly Shew;
Hat whereas divers Petitions have lately been carried about this the cheſhire
County, againſt the preſent Form of Church Government, and the
Petition,deli-
hands of many Perſons of ordinary Quality Sollicited to the ſame, with pre- Houſe of Lords
tence to be preſented to this Honourable Aſſembly; which we conceivé by Sir Thorzas
Ahtors
not ſo much to aim at Reformation, as abſolute Innovation of Govern-
ment, and ſuch as muſt give a great advantage to the Adverſaries of our
Religion ; We beld it our Duty to diſavow them all, and humbly pray,
Thať we incur no miſ-cenſure if any ſuch clamours have, without our priu
vity, aſſumed the Name of the County.
We, as orkers, are ſenſible of the common Grievances of the Kingdom,
and have juſt cauſe to rejoyce at, and acknowledge, with thankfulneſs, the
pious Care,which is already taken, for the ſuppreſing of the Growth of Pope-
ry, the better to ſupply able Miniſters, and the removing of all Innovas
tion; and we doubt not but in your great Wiſdoms you will regulate the
Rigor of the Eccleſiaſtical Courts, to ſuit with the Temper of our Lairs, and
the Nature of Free-men.
Tet, when we conſider, That Biſhops were inſtituted in the time of the
Apoſtles; that they were the great Lights of the Church in all the first
General Councils; that ſo many of them fowed the Seeds of Religion ini
Vol. II.
Eeeee
their
1
760 An Impartial Collection of all the memorable Events
Decemb. their Bloods, and reſcued Chriſtianity from utter Extirpation in the Pri-
1 641.
mitive Heathen Perſecutions : That to them we ow the Redemption of
the purity of the Goſpel, we now profeß, from Romilh Corruption ; that
many of them for the propagation of the Truth, became ſuch Glorius Mara
tyrs, that divers of them, lately, and yet living with us, have been lo
great Aſertors of our Religion, againſt the Common Enemy of Rome ;
and that their Government hath been ſo long approved, so oft Eſtabliſhed,
by the Common and Statute Laws of this Kingdom, and as yet nothing in
their Do&trine, generally taught, diſonant from the Word of God, or the
Articles ratified by Law. In this caſe, 10 call their Government a per-
petual Vaſallage, an intollerable Bondage, and, prima facie & inauditâ
alterâ parte, to pray the preſent removal of them; or, as in ſome of their
Petitions, to ſeek the utter Diſolution and Ruin of their Offices as Anti-
Chriſtian, We cannot conceive to reliſh of Juſtice or Charity, nor can We
joy with them.
But on the contrary, when we conſider the Tenor of ſuch Writings, as
in the name of Petitions are spread among the Common People ; the Tea
nents Preached Publickly in Pulpits ;, and the Contents of many Printed
Pamphlets ſwarming among us, all of them dangerouſly exciting a difole-
dience to the Eſtabliſhed Form of Government, and their ſeveral inti-
mations of the deſire of the Power of the Keys, and that their Congrega-
tions may Execute Eccleſiaſtical Cenſures within themſelves ; We cannot
but expreſs our juſt Fears, that their deſire is to introduce an abſolute
Innovation of Presbyterial Government, whereby We who are now gover-
ned by the Canon and Civil Laws, diſpenſed by Twenty fix Ordinaries,
eaſily reſponſible to Parliaments for any deviation from the Rule of the
Law, conceive we ſhould become expoſed to the meer Arbitrary Govern-
ment of a numerous Presbytery; who, together with their Ruling Elders,
will ariſe to near forty thouſand Church Governors ; and with their adhe-
rents, muſt needs bear ſo great a ſway in the Common-wealth, that if future
inconvenience ſhall be found in that Government, we humbly offer to con-
fideration, how theſe ſhall be reducible by Parliaments, how conſiſtent
with Monarchy, and how dangerouſly conducille io Anarchy ; which We
have juſt cauſe to pray againſt, as fearing the Conſequences would prove
the utter loß of Learning and Laws, which muſt neceſarily produce an
Extermination of Nobility, Gentry, and Order, if not of Religion.
With what vehemency of Spirit theſe things are proſecuted, and how
plauſible ſuch Popular Infuſions Spread, as incline to a Parity, we held it
our Duty to repreſent to this Honourable Aſembly; and humbly pray,
That some ſuch preſent Courſe be taken, as in your Wiſdoms ſhall be
thought fit, 10 ſuppreß the future diſperſing of ſuch dangerous diſcontents
among the Common People. We having great Cauſe to fear, That of all
the Diſtempers that at preſent threaten the welfare of this State, there
is none more worthy the mature and grave Confideration of this Honoura-
ble Aſſembly, then to ſtop the Torrent of ſuch Spirits, before they ſwell
beyond the bound of Government : Then We doubt not but His Majeſty
perſevering in his gracious Inclination to hear the Complaints, and relieve
the Grievances of his Subjects in frequent Parliaments, it will so Unite
the Head and the Body, ſo indiſſolubly Cement the Affections of bis Peo-
ple to our Royal Soveraign, that without any other Change of Government,
He can never want Revenue, nor Wee Juſtice.
We have preſumed to annex a copy of a Petition, or Libel diſperſed,
and certain poſitions Preacht in this County, which We conceive im-
ply
d
1
.
.
mi
.
.
+
taras
1
1
.
1
-L
1
។
Commons
Houſc.
from the Scotch Rebellion to the King's Murther. 761
ply Matter of a dangerous conſequence, to the Peace běth of Church Décemb.
and Stafé. All which we huinbly ſubmit to your great fridgments;| 16 41:
Praying they may be read,
And ſhall ever Pray, &c.
Subſcriled to this petition,
Four Noblemen
Knights Baronets
, Knights and Eſquires fourſcore and odd.
Divines threeſcore and ten.
Gentlemen three hundred and odd.
Free-Holders, and other Inhabitants above fix thouſand.
All of the ſame County.
It was this Day moved, That the Earl of Salisbury having ſome buſia E.of Salisburj
bneſs depending in the Houſe of Commons, and his Lordſhip deſires, being follow Tome
a Peer, he may have leave of this Houſe to follow it, which the Houſe Bulineſs in the
Granted.
Then the Lords Commiſſioners Reported, That this Morning they met
with the Scots Commiſſioners, who delivered them this Paper following,
with a deſire, that they might have a Speedy Anſiver therein, for that
they are to ſexd Letters away preſently to Scotland. The paper was
this.
It is now 20 Daies fince We came hither, and a Forthnight ſince we are contribution
begun this Treaty, and there is no one of our Propoſitions anſwered; there-ing of Delayes
fore left thoſe that ſent 148, and expected an Anſwer from us againſt the 8th in the Treaty
of this Month, ſhould imprite it 10 us, we earnestly deſire and expect an Ireland.
Anſiver to our Propoſitions gilet, that we may give in the rest and be at
a point this Day, or 10 morrow; and in caſe of further Delay, we demand
that ſince the 8th of this Month ( at which time we ſhould have ſent An-
ſiver into Scotland) to the end of the Treaty, we may have Entertainment
for the 2500 Plen, we have kept up for this Service, otherwiſe we must
Send into Scotland, that they may be disbanded.
A Meſſage was brought from the Houſe of Commons by Mr. Hollis, A Meſſage to
to deſire a Conference by a Committee of both Houſes touching the the Lords by
Declaration, the Propoſitions from the Scots, the Bill for preſſing of preſs them to
Soldiers for Ireland, without which they ſay Men cannot be raiſed for expedice the
that Service.
And further he ſaid, That the Houſe of Commons do make this De-
claration, that they have done what they can, to further the Relieving
of the miſerable and diſtreſſed Eſtate of the Proteſtants in Ireland, and
they do clear themſelves of the Blood and Miſeries which will follow, if
Expedition be not done ſpcedily, to thoſe means that may relieve them.
To which their Lordſhips anſwered, That they would give a preſent
Meeting, touching the 2 firſt Propoſitions, and will conſider of the reſt
and expedite them with all ſpeed.
Next a Letter was read from Sir John Temple at Dullin, to the Lord the conrents
Lieutenant of Ireland, the principal Matters of which were, That Suc- of Sir Fobe
cors come ſo ſlowly out of England, That the whole State of Ireland ſuffers, from Irelands
and the Kingdom is likely to be loſt, by the ſlow Proceedings of fending over
Men, Arms and Money, That the Lords of the Pale refuſe to come to the
Council
, That the Rebels are in a Body within 6 Miles of Dublin, and that
Vol. I I.
Eeeee 2
the
land.
t
1
1
1
762 An Impartial Collection of all the memorable Events
Decemb. the Lords Gormanſton, Slane and Lowth have Correſpondency with the
1 6 4L.
Rebels, That Proviſions will be cut off from them at Dublin, therefore
they deſire Speedy Succors from England.
After which the King's Anſwer to the Petition and Remonſtrance, was
read as followeth.
Anſwer to the
Petition con-
1
My Lords and Gentlemen,
N anſwer to your Petition, concerning Our Speech to the two Houſes of
The King's Parliament the 14th of December :
Firſt, We do declare, That We had no Thought or Intention of breaking
cerning breach the Privileges of Parliament, neither are We ſatisfied, That Our being
of Privilege by informed of any Bill tranſmitted by the Houſe of Commons, "to, the Houſe
his
of Peers, eſpecially where Our Learned Council are admitted by the Peers
to ſpeak on Our behalf, as they were in this caſe, and therefore Our Dire-
Etions neceſary thereix, can be judged any Breach of the Privilege of Par-
liament.
And as for Our taking notice thereof, and deſiring the inſerting of a
Clauſe, of ſaving all Rights, We neither
did willingly
or knowingly do any
thing to the Breach of the Privileges of Parliament, but what we did
therein, was the great Zeal We had, and ever Jhall have to the ſuppreling
the Rebels in Ireland, the quick diſpatch of which Bill, contributed ſo much
to the effecting thereof; And it could not but have received great Delay,
had it paſſed both Houſes, in a Way whereunto We could not have given Our
Royal Aſſent.
Neither had We any Intextion to expreſs any Diſpleaſure againſt any
particular Man, for any Opinions or Propoſitions delivered by way of De-
bate, in either Houſe, for Our Intention was to expreſs only Our general
Diſlike of any Queſtions that ſhould be raiſed, especially at this time, con-
çerning Our Prerogative, and the Liberty of the Subject
, ſuch as this is,
being but a Preamble, which might be left out, without prejudice to the
Claim, and could not be approved by Vs, without concluding Our Right,
As for the laſt Demand, That We ſhould declare the Perſons that gave
Us Information, It is no great wonder, That We ſhould get Information of
the Contents of the Bill, ſince they were publiſhed in P'rint before We spoke
of them; yet though We ſhould have gotten Notice otherwayes, It is a
thing much beneath Us, to nave any that ſiould give Us Information or
Council
, it being that which We woựld not impoſe upon any l'erſon of Ho-
Our Concluſion is, That We had not the least. Thought of breaking the
Privileges of Parliament, but ſhall by Our Royal Authority, ever protect
and upkold them; And We expect that you will be as careful not to trench
upon Our juſt Prerogative, as We will be
not to infringe your juft Privile-
ges and Liberties, and then there will be little diſagreement betwixt Vs
hereafter in this point.
After the reading of which Paper, it was Ordered, That a. Tranſcript
of this Anſwer le ſent down to the Houſe of Commons.
The Houſe then entred upon the Conſideration of the Scottiſh Pro-
poſitions, and after much Debate, came to theſe three Reſolutions, the
cerning
Land, and the Queſtion being put, Firſt, Whether this Houſe
. Skall conſent to ſend 10000
Scots into Ireland, before it can be aſcertained, that we can. and.fball fend
10000 Engliſh.
.
zor.
i
1
Rerolves of the
Lords con-
Scois Propo-
ſitions.
L
Reſolved
# H.
IN
+
1
from the Scorch Rebellion to the KingsVMürtber. 763
5
.
Scandalous
1
&ions to the
tion.
Reſolved Negatively:
·Decemb.
(2) Whether this Houſe fhall Conſent to ſend 10000 Scots before the 1641
Bill for preſling be paſſed. Reſolved Negatively.
( 3 ) Whether this Houſe hall joyn with the Houſe of Commons in
Sending 10000 Scots now into Ireland. Reſolved Negatively.
In the Houſe of Commons it was Ordered, That one H. 'Walker Mall Walker å De-
be ſent for as a Delinquent, by thë Serjeant at Arms, for being author as linquent for
it is affirmed, of the Pamphlet intituled, A terrible Outcry againſt the
Pamphlers a-
Loytering exalted Prelates, and the making and Printing of this and other gainſt the Bi-
Books by the ſame Author was referred to the Committee for Prin- ſhops, &c.
ting.
Then Mr. Peard Reported from the Committee appointed to conſider Men Peard's
of the Obſtructions, in ſubſcribing Hands to the London Petition laſt pre- the Commit-
ſented to this Houſe,
tee of Obſtru.
1 ) That the Lord Mayor ſaid they were either ignorant or idle Peo- Londox Peci-
ple that did ſubſcribe it.
(2) That they.did not know into what danger they fell.
3) That it tended to Mutiny.
For Mr. Recorder, he ſaid, (1) They did deſerve to be disfranchized,
That they did not know into what danger they had run themſelves : And
reading of the Petition, when they came to that part of it, that declared
the Common Council the repreſentative Body of the City, did deſire the
removal of the Biſhop and Papiſts Lords, from the Lords Houſe, Mr. Re-
corder ſwore * byļ &c. that it was a Lye: and ſaid further, That this pe-
tition did tend to Sedition, and to ſet Men together by the Ears : and be-
*A pretty kind
ing told it was for Peace. * No, ſaid he, It is for Blood, and cutting of of oath, and
Throats, and if it come to cutting of Throats and Blood, thank your felves,
and your Blood be upon your own Heads, That this Petition would rather be suppoſed
confirm Epiſcopacy, then otherwiſe; and that he hated a Papiſt, and dete-Mr. Ruhworth
tejted this Petition. The Committee having received this Information, and this Report is
having Power by their Order. to ſend for Parties, coinmanded me to know cñtered,
the Pleaſure of this Houſe, in what manner they would have the L. Mayor wave minec
and Recorder ſent for, Whether to the Houſe or to the Committee.
But the Houſe would make no further Order therein, but left the with an &c.
Committee to put their former Order in Execution, according to the Po-
wer therein given them.
Mr. Peard further Reported, That there were two Perfonis fent for to
the King's Attorney, Serjeant Glanvile and Serjeant Whitfield, who had
this Queſtion asked them, Whether they knew or heard, that ſome of the
King's Council ſhould ſay, That ſome of the King's Subječts Throats ſhould
· Whereupon Sir Samuel Rolls, Sir Robert Cooke, Sir Walter Earle and
Mr. Strode, were ordered to repair to the King's Attorney, Serjeant
Whitfield and Serjeant Glanvile, and deſire to know of them, Whether
they did not ask ſome Perſons Queſtions, Whether any of the King's Council,
other ſhould ſay That there would be cutting of Throats ere long; or
to-that effect
, and the Grounds wherefore they asked that Queſtion, and to
report the ſame to the Houſe.
Mr.Chillingworth, who for words ſpoken concerning depoſing Prin- Mr. Chilling-
ces had been ſent to the Tower, was this Day upon his Petition 're-worth releaſed
leaſed.
if it had been
the Matter
* As the event
made appear.
be cut.
1
or any
from thic
Tower.
.
A
A
.
܀
764 An Impartial Collection of all the memorable Events
Decemb.
A Petition exhibited by divers of thoſe Miniſters who Subſcribed it,
I 641. was this day read. The Petitioners being called in, Dr. Burgeß in the
W, Name of the reſt, did deſire, That it might not be undervalued for the
Paucity of the hands, in regard they might have more hands, but that
many of the Miniſters, now againſt Chriſtmas were gone to their reſpective
Charges; then they withdrew, and being called in again, Mr. Speaker
told them, That this Houſe takes in good part their general Care för
the good of the Church, and believe what they ſay for the having of more
hands; the buſineßes of this Houſe are at this time very great, and that
with all convenient ſpeed they did reſolve to take the Petition into Con-
fideration. The Petition as I find it in the Collection of the Prints of
that time, is as follows.
+
:)
To the Honourable the Knights, Citizens, and Burgeſſes
of the Commons Houſe of Parliament,
The Humble Petition of fundry Miniſters intruſted to Sollicite
the Petition and Remonſtrance formerly Exhibited to this
Honourable Houſe, and many of their Brethren,
(
The Petition
of the Remon-
ſtrating Mini-
1641.
gy, and the
make room
Moſt Humbly Sheweth,
'Hat the Petitioners do moſt thankfully value, and heartily acknow-
ledge the indefatigable Pains and Piety of this Honorable Allem-
ſters, Dec. 20. lly, manifeſted in very many things of high Concernment for the Glory of
God, the Honor of the King, the Purging of the Church, and the Safety
and Proſperity of this, and the reſt of His Majeſties Kingdoms ; but
more eſpecially, in procuring that pullick Faſt at your firſt Sitting, which
hath prevented many Miſchiefs, and drawn down many Blefings upon the
Kingdom ever ſince : in your Zeal and Courage for the True Religion
profeled among us, againſt all Popiſh Idolatry, and Superſtitious Inno-
* And diſcoun- vations, expreſled by your Religious Proteſtation and Vow : * In counte-
tenancing the nancing the Sacred Ordinance of Preaching, after long and deep contempt
publick Litur.
calt upon it, by too many who had almoſt Exiled it from divers
noſt indiſpen- Parts of this Kingdom : In incouraging painful and godly Miniſters,
fible Duty of
fermerly ſet aſide, and now again profitably imployed in many Congrega-
Praying, to
tions greatly needing them : In diſcountenancing bold and unmeet Men,
for this Sedi- that without ſufficient calling, have preſumptuouſly intruded into that
ing.
Holy Office ; as alſo of all Unworthy. and Scandalous Miniſters, that have
been Convented before you : In accepting a former Petition and Remon-
Itrance from the petitioners, taking the Same into your grave Conſiderati-
on, and vigorouſly proſecuting ſome part thereof : In freeing divers godly
Miniſters out of Priſon and
Exile, and many others from
heavy Cenſures
unjuſtly inflicted : In preventing the utter Ruin of the Petitioners, and
of many more, by breaking that wicked Toak of the late pernicious Oath,
und Canıns, juſtly branded by both Houſes of Parliament ; and by taking
away
the late dreadful Tyranny of the High Commiſſion Court, and other
iilegal beavy preſſures of the reſt of the Courts Eccleſiaſtical: In ycur worthy
Orders for removing of all Illegal Rites and Ceremonies, ſuperſtitious
and ſcandalous Images and Pictures, and other Innovations out of all Chur-
ches and Chappels : In your prudent, happy and timely re-uniting, with-
out Spilling of Chriſtian
Blood, the two Kingdoms of England and Scot-
land, in a firm and Religious Peace, unhappily diſturbed to the apparent
endanger-
:!
4
1
M
A
1
1
1
{
from the Scotch Rebellion to the King's Murther. 765
endangering of both ; in your honourable endeavours to relieve and reſcuel. Decemb.
our distreſsed Brethren in Ireland, from the barbarous Outrages and But-| 16 41.
cheries of the Popiſh Rebels there : In your conſtant Vigilancy to diſcová
ver and defeat the many deſperate and deviliſh Conspiracies againſt the
King, Parliament, and the Kingdom, plotted by Papifts and their Malig-
nant adherents, implacable Enemies to our Religion and Peace ; together
with all your excellent Labours for Reforming, and ſettling the Affairs
of the Common-wealth, whérenf the Petitioners do alfo with others Enjoy
the comfort : and tlie large and blelled Hopes given to the Petitioners, of
your further indeavours for perfecting the Reformation of Religion, and
the Church, according to the neceſſity thereof, in a way beſt becoming the
Honour of ſuch a Grave and Religious Body. All of which, do much Ex-
courage them to pour out their Souls in all poſſible thankfulneß to God for
you, and ta put up more fervent Prayers, publiquely and privately upon
all occaſions in your behalf at the Throne of Grace.
But ſo it is, That whereas your Petitioners did in their former Petitions
repreſent unto you divers unſufferable Grievances, ariſing from ſundry
Invaſions made upon the pullick Doćirine of this Church; from ſome mix-
tures and blemiſhes in the publick Worſhip of God by Law Eſtabliſhed, as
well as from. Gondry groß Innovations and Superſtitions, in Rites and ce-
remonies without Law introduced ; from many Exorbitancies and unfup-
portable vſurpations in Ecclefiaftical Government ; and from the ſcanda-
lous defect of Miniſters maintenance in too many places : All of which
do yet remain in greateſt part unremoved, by reaſon of your many necef-
fita ed diverhons from this great work, for the preſervation of the very
Being of this Kingdom ; and by means bereof many diſtractions and diſ.
orders about matters of Religion and the Church, have to the great ſcan-
dal' and grief of the Petirioners happen'd, and are ſtill continued ;
which puts them upon a neceflity of renewing their former Suit for redreſs
of the aforeſaid Evils
, and for removing whatever ſhall appear to your
Wiſdom, to be the Root and Cauſe of them.
And where as further the Petitioners, and very many others, in whoſe
name and behalf they now humbly Supplicate, deſirous in all things to ſub-
mit to the Laws, ſo far as poſſibly they may, yet nieerly out of tenderneſs
and ſcruple of Conſcience, dare not continue, as form:rly they did, the v je
and Exerciſe of ſome things as now they stand injoyved, not only becauſe
they have more ſeriou'ly weighed the Nature and Scandal of them, and that
Sundry Biſhops and other grave Divines, called to their aſiſtance by Or .
der of the Houſe of Peers, have, as they are informed, diſcovered divers
particulars needing alteration in the Liturgy, and the uſe thereof; and
that there is not, as they humbly conceive, at this day commonly extant,
any Book of Common Prayer, without ſo many Variations, Alterations, and
Additions, as render it in many Parts another thing, from that which was
by Law Establiſhed ; but chiefing becauſe you alſo have vouchſafed to
be ſo far ſenſible of the Defects thereof
, and of the juſt Scruples of the Pe-
titioners thereabout, as to take the Reformation thereof under Confiderati
.
on, which they hoped would be ſome ſhelter againſt the ſtrict preſſing, the
Yle of it, till your pleaſure, upon the full Debate thereof, had been
declared in a Parliamentary Way ; for that it ſeems moſt equal
, that the
Conſciences of Men ſhould not be forced upon ibat, which a Parliament
it ſelf holds needful to conſider the Reformation of, and give Order in, till
the ſame be accordingly done. And the petitioners having been comfort-
ably afured of ſome 'eaſe therein, do now to their great forrow, apprehend,
that
1
23
(
f
766 An Impartial Collection of all the memorable Events
1
the Law wch
Prote&tion
Decemb.
that the ſame things are aneto reinforced, which ( contrary to the bleſſed
1 641.
Inclination and Intention of His Gracious Majeſty ) may occaſion much trou-
ble and vexation to fundry worthy and peaceable Miniſters; which the peo
titioners have more cauſe to fear, becauſe ſundry of their Brethren kave,
fince the beginning of this Parliament, been Indicted upon the Statute of
1 Eliz. 2. And others threatned for bare omiſſions of ſome things complai-
ned of to this High Court, and ſtill depending before you ; whiles in divers
places
, your Religious Orders neceſſarily made and publiſhed for removing
things illegal, are not obſerved ; and, in other places where superſti.
tious Rites and Practices had by virtue thereof been laid aſide, the ſame
are again called back and re-practifed, without any Check or Animadver-
fion.
And becauſe the Premiſſes are of extraordinary Conſequence, and can-
not receive a perfeit Cure, but by Authority of Parliament ; and that a
* That is, from free Synod of this Nation, * differing in the whole Conſtitution from the
preſent. Conzocations of the Clergy now in vſe among us, might be, as the
appoints ir,
and gives the petitioners apprehend, of great uſe for that purpoſe ; and that not only
Members equal this, but all other your great Conſultations might be much furthered by
Privilege and
more earneſt and aſſiduous ſeeking of God, by the joint and publick Fa-
with the mem- ſting and Prayers of the whole Kingdom in theſe fad times, ſo full of di-
bers
of the Stračtions and Helliſ Conſpiracies at home, and bloody Cruelties of thoſe
Popiſh Rebels, againſt our own Fleſh and our Boxes in Ireland.
The Petitioners bumbly pray, That you would vouchſafe to lay hold.
upon the firſt opportunity, that your important Affairs will permit of rea
affuming into your further conſideration their former · Petition, and to
proceed thereupon as you fall find cauſe, either by committing the ſame
to the Debate, and Diſquiſition of a free Synod, or otherwiſe ; and in the
mean time to become Mediators to His Gracious Majeſty, who could not
take notice of their former Petition to this Honourable Houſe, for ſome
relaxation in matters of Ceremonies, and of reading of the whole Liturgy,
which as the Petitioners verily believe and kope to prove, have been of
late times urged further then ever
the Law intended : And a free Synod,
of Grave, Learned, and Judicious Divines of this Kingdom, the Dominion
of Wales, and the iſlands adjacent, may be by the Authority of Parlia-
ment Indicted, for the more through and fruitful Debate of the Premiſes,
to expedite a full Reformation, by the High Court of Parliament, for the
Jetling of a Godly and Religious Order and Government in this
Church, as your Wiſdom ſhall find convenient ; And that a publick Fast
may be commanded, and Religiouſly obſerved throughout the Kingdom,
once in every Month, during your fitting in Parliament, for the more
effectual procuring of Gods protection of, your Perſons, and of his bleſling
upon your proceedings ; and till the miſeries of our Brethren in Ireland
be happily put to an end.
And the Petitioners ſhall be ready further to attend the pleaſure of
this Houſe, with their Reaſons of their preſent Suit for a free Synod of
this Nation, and of a new Conſtitution thereof, differing from thoſe now
in Being, when they ſhall be required; and to pray without ceaſing, &c.
7."
1
:
Were I to give Inſtructions to draw the Exact Pourtraicture of a Non-
Conforming.Conforming Church Hypocrite, with Peace in one hand,
and Fire and Sword in the other ; with a Conſcience like a Cockle-lhell,
that can fhut ſo cloſe when he is under the fear of the Law, or loſing
his Living, that you cannot Croud the ſmalleſt Scruple into it; but
when
1
-
i
+
។
:!
'
MIN
1
1
from the Scotch Rebellion to the King's Murther. 767
when a tide of liberty wets him, can lay himſelf open, and diſplay all Decemb.
his reſentments againſt that Government in the Church, to whoſe i 64 1.
Laws he had ſworn obedience, and by that horrid fin of Perjury, muſt
confeſs himſelf a Villain of no manner of Conſcience, to Swear with-
out due Confideration, and to break his Oath without a lawful Deter-
mination that it was unlawful, I would recommend this Petition as a
rare Original to Copy after.
I cannot tell how it will reliſh with the Readers Palate, but I muſt
profeſs my ſelf fo tyred with this miſerable Crambe, that I am under
the irreſiſtable temptation of refreſhing my ſelf, with laying aſide for
one moment the Gravity of an Hiſtorian, and Burleſquing the into-
lerable Flatteries of this petition, and theſe Hypocritical Petitioners,
by making them ſpeak Truth ; for in their Courtſhip to the Faction, for
whoſe Gouſt this delicate Petition was Cook’t and Spiced, when they re-
count their wonderful Atchievments in the Work of Reformation, there
is ſtill I find a Supplement of ſome material Truth, in matter of plain
Fact wanting, which I will make bold to add. They acknowledge the
Pains and Piety of the Faction manfeſted in many things of high con-
cernment for the Glory of God, by affronting his Solemn-publick Eſta-
bliſhed Worſhip ; the Honor of the King, by indeavouring to degrade
him, and divert him of the Beams of Majeſty, his Royal Prerogative ;
the
purging of the Church, by purging it quite out of the Kingdom; they com-
mend their Zeal and Courage for the true Religion, againſt all Popiſh
Idolatry and Superſtitious Innovations, manifeſted by letting in a whole
Flopd of Errors, Herefies, Sects and Schiſms, at the Breach of the Banks
of the Church-Government, by tender Conſcience ; in encouraging Prea-
ching, of Sedition and Diſobedience to Laws, Government and Governors,
and juſtling out all Praying out of the Church, except the Wild, Extrava-
gant, Dangerous, Libelling, Extempory Enthuſiaſms of bold and preſump-
tuous Men, who called their own acquired Art of Impudent Non-ſence,
a gift of the Spirit, as doubtlėſ it was of that Spirit which rules in the
Children of Diſobedience ; in encouraging painful godly Miniſters for-
merly ſet aſide.; and juſtly, for Preaching Sedition, Schiſm and Faction
for good Divinity ; in diſcountenancing bold and unmeet Men, that
darſt Preach the Doctrine of rendring to Cæfar tle things of Cæfar, and
to God the things of God ; that without fufficient calling, preſumptu-
oully intruded into that Holy Office,by only gently reproving them for the
preſent, and afterwards permitting Tagg and Ragg, Godly Coblers, and Gif-
ted Tinkers, Zealous Taylors, and the most fordid, illiterate Mechanicks
to invade the Pulpit ; to vilifie the. Petitioners, with the Title of Hire-
lings, dumb Dogs, Baal's Prieſts, &c. by Adonibezeck's Law, without
Controul or Animadverfon from the Honorable Faltion : for taking away
the Tyranny of the High-Commiſſion and Eccleſiaſtical Courts, and
ſetting Mens Tongues at liberty to Rail without Reaſon, to Quarrel with
their Superiors without Cauſe, to affront them with impunity, and in con-
clufion to Murther them Religiouſly, and in the Fear of the Lord; for
their worthy Orders for removing illegal Rites and Ceremonies, Super-
{titious and Scandalous Pictures, and other Innovations, and ſetting up
in their ſtead the Bell and Dragon of theſe Mens Inventions ; and for
bringing in the greateſt Innovations, a Church without a Biſhop, a Reli-
gion without Divine Service, a Miniſter without Lawful Ordination, a
Chriſtian without Baptiſm, a Sacrament without Confecration ; and at laft,
a Heaven without Repentance of any, or all theſe horrid Sins and Incapa-
Vol. I.
Fffff
cities :
+
1
G
F
}
Decemb. 21.
the Commons
Ireland.
1
:
}
A
768 An Impartial Collection of all the memorable Events
Decemb. cițies : For their Care to ſuppreſs the Iriſh Rebellion, and Butcheries of
I 6.41.
the bloody Papiſts; by imploying the Men and Money raiſed for that
Service, to butcher the Loyal Proteſtants in England, who beldthe Po-
piſh and Malignant Doctrine, that they ought to Fear God, and Honor the
King, and die at the Feet of their Sacred Sovereign, in defence of his
Perſon, Crown and Dignity, againſt theſe Religious Rebels. But, Manum
de Tabula, I will not Tire my ſelf and the Reader with Epitomizing
their Villanies, which are able to fill Volumes, and with which he will
find theſe ſtow'd.
Tueſday,
Now to the Oar again. A Meſſage was brought this Morning from
Meſfage from the Commons by Sir Philip Stapleton Knight, That the Houſe of Com-
mons laſt night had laid before their Lordſhips the miſerable Ejtate of
concerning
the Kingdom of Ireland, and deſired their Lordſhips to take the buſineſ
into ſpeedy Confideration : Since the Houſe of Commons underſtand that
Dublin is in great danger to be loft,600 Men being cut off by the Rebels in
going to relieve Tredagh ;The Houſe of Commons deſires that all ways may
be uſed for the preſervation of that Kingdom; and they conceive the beſt
way to ſave Dublin, is by way of diverſion, to ſend the Scots Speedily into
Ulſter ; therefore, the Scottiſh Commiſioners being to ſend away into Scot-
land to morrow Morning, the Houſe of Commons deſires their Lordſhips
would joyn with them in the Propoſitions received from the Scots Commif-
froners, that ſo Men may be ſent into Ireland ſpeedily. The Houſe of com-
mons having done this, they do declare, that if there be any omiſſions,
they deſire to clear themſelves of any thing as may fall upon Ireland.
The Anſwer returned was, That the Houſe is not now full
, but as ſoon
as it is, they will take the matter of the Melage into conſideration.
Then the Lord Kymbolton Reported to the Houſe the Two Propofiti-
ons delivered to the Lords Committees, by the Committee of the Houſe
of Commons.
2 Propofitions,
The firſt Propoſition was, That the Parliament of Ireland may be
journing or Prorogued or Adjourned, and that for theſe Reafons.
Proroguing
Firſt, Becauſe the Proteſtants cannot come without danger; the. Papiſts
may.
Secondly, To Refort to Dublin may make ſcarcity of Viètuals.
Thirdly
, The coming of many Papiſts with their followers; may endanger
the ſurprize of the Caſtle.
Thattiche Parliament may not meet to do any Act as they did before, the
Dilaving of the Parliament is thought to be ſafeſt.
2 Propoſition. Tlie ſecond Propoſition is, They are informed, that by the Law of Ire-
land, if the Deputy ſhould dye, the. Lord's may chuſe their own Governor,
Therefore the Houſe of Commons deſire that ſome ſettled Commiſſion may
be, in caſe the Deputy miſcarry by Death, that may appoint who ſhall be
Governor.
The Houſe then fell upon the Debate about fending 10000 Scots in-
tö Ireland, and Reſolved at à Conference to offer theſe two following
Propoſitions to the Commons.
(1.) To deſire to know, what certainty That Houſe will give This, that
if their Propoſition concerning the preſent going of 10000 Scots into Ire-
land be agreed unto, That 10000 Engliſh may Speedily follow.
(2.) When
iſt. for ad-
the Parliament
in Ireland.
1
3
.
11
ht
.
1
1
f
:
.
1
from the Scotch Rebellion to the King's Murtbèr, 769
(2) Whether they will concur with this Houſe,.That 10000 English| Decemb.
ſhall go as well as ioooo Scots, and that the King be moved to give Allent 1641
thereunto, and
a Meſsage for a conference was ſent accordingly by Sir Robert
Rich and Mr. Page.
A Meſſage was brought from the Houſe of Commons by Mr. Denzii Another Mëſ
.
Hollis, That the Houſe of Commons had lately attended their Lordſhips, Commons con-
to deſire them to concur with them in their Deſires, concerning the lamen- cei bingfrelånd
table Condition of the Kingdom of Ireland, and that their Lordſhips would
be pleaſed to take Speedy Reſolutions therein.
Alſo he ſaid, he was to preſent to their Lordſhips, a Petition preſented
to the Houſe of Commons from the Lords, and divers Gentlemen of Ire-
land now in London, which the Houſe of Commořns deſires
. their Lordſhips
would be pleaſed to take into Speedy Conſideration ; for the Houſe of Com-
mons ſay, they can think of nothing but Ireland, nor ſpeak nothing but
Treland.
The Reader may obſerve, how great Artiſts theſe Men were in
appropriating to themſelves, whatever was highly Popular, as at this
time this Affair of Ireland was, and how they endeavoured to engroſs
all the Care and Concern for that Kingdom to themſelves, tacitly accu-
ſing the Lords, who for the Honor, and it may be the Intereſt of Eng-
land, made fome difficulty to conſent to the ſending 10000 Scots, except
10000 Engliſh might alſo be ſent, but they had a very great Work to do
by the help of Popularity, and it can be no wonder to ſee thoſe, who
have ſuch Deſigns as they had then on Foot, make ſuch warm and zea.
lous Court and Application to the Populace ; fince. Experience in all
Times and Places has laid it down, as 2. Mark of dangerous Suſpition,
and aſpiring Intentions in Subjects, when they come to invade this Pre-
rogative of Princes, who alone ought to ſtudy Popularity;
and certainly
that Subject, who indeavors to rival his Prince in the Affections of his
People, cannot but be ſuſpected, to Deſign to rival him in his Authority
too, there being ſo near an Union, between the Power of the Prince, and
the Love of the Subjects, that whoever attempts to commit a Rape upon
the later, cannot be ſuppoſed to have any Chaſt and Dutiful Thoughts
towards the former.
But to return from this ſmall Digreſſion, The Petition before mentio-
red was read in hæc verba.
..***
1
To the Honorable Houſe of Commons
.
The Humble Petiton of divers Lords and Gentlemen of Ireland now
in London.
1
Humbly Shewing,
TE
Hat your Petitioners have received many and particular Advertiſe- The Petition
ments from
all thoſe Parts of the Kingdom of Ireland,which ſet forth the of the Iriſh
Univerſal Deſolations
made in ſuch Plantations of the
Britiſh both English Lords and
and Scotch, wherefoever the barbarous Iriſli Rebels have come, to the ut- the Houſe of
ter Deſtruction both of the Perſons there. Inhabiting, and extirpating of the Commons Der
Reformed Proteſtant Religion there ſet up, through the Royal Care and Pie-2131641
.
ty of King James of bleſſed Memory, and his Majeſty that now is, and pre-
ſerved by the great Induſtry, and Pious Indeavors of near 40 Tears travel
,
by thoſe who have spent their whole Lives, in reducing that Kingdom to
VOL. II.".
Fffff 2
Civility
internet
L
1
UL
1
770
An Impartial Collection of all the memorable Events
Decemb. | Civility, which is now utterly deſolated, by the Proceedings that have
1 641. been found fo matchleſly Cruel, that no Age nor Story can Parallel their In-
humanities, ſome whereof, your Petitioners are informed have been touch-
ed upon by Advertiſements, already brought ta this. Honorable Houſe,
whereof there is ſuch great variety, that Volumes were but little enough to
contain the Particulars, many thouſands of Men, Women and Children,
being mangled on the Face of the Earth, crying lowd to God, and theſe
neighbor Kingdoms, for relief againſt thoſe Monſters, whoſe Conſpiracy is
now so Univerſal
, that ſmall Aids will be not only inconſiderable to effect
the Work, but a Means to lengthen the War, with the loſs not only of the
Treaſure applyed therein, but alſo of the Perſons imployed, who being but
few, will be in danger to be given up to the Cruelties of the Rebels, who
by that means, which God prevent, will gain, not only great acceſs to their
Numbers, but which is more conſiderable, that experience in War, and vſe
of Arms, as may render them infinitely more able to make Reſiſtance au
gainſt your hereafter Supplies. Theſe Particulars, your Petitioners out of
the deep Senſe they have of the Calamities incumbent on that, and in dan-
ger to fall on this Kingdom , with all Humility crave leave to preſent,
moſt humbly defiring, that in purſuance of the Zeal and Fervency already
Jhewn to the Glory
and Worſhip of God, to the Honor and Renown of bis
moſt Excellent Majeſty, both which are now ſtrongly aſſaulted and puſh't at,
and out of the Tender Commiſeration already Expreſsed
for Relief of that
bleeding Kingdom, That this Honorable Aßembly will repreſent ſuch pre-
valent Arguments unto his Sacred Majeſty and the Houſe of Peers, That
the roooo
Men tendred by the Kingdom of Scotland, and accepted of by
this Honorable Aſembly, may be speedily Ordered to reſort into Uliter;
nột but that We do deſire there may be as great a Proportion of Soldiers
Sent out of this Kingdom, as ſoon as they can be prepared, if ſo it may pleaſe
his Majeſty and both Houſes of Parliament, the Contagion of the Rebellion
in Ireland, having Spread it ſelf over ſo many other parts of the Kingdom,
and yet daily more and more increaſing, as will require the ſervice of those
who ſhall be ſent out of England, for the Subdual of the Rebels, and comfort
of his Majeſties good Subjects in the other Provinces. But foraſmuch as your
Petitioners many of them whoſe whole Eſtates, and
ſome of their Wives,
Children and neareſt Kindred or Friends are already in the Hands and
Poſseſsion of thoſe Barbarous Bloody Rebels of Ulſter, and that they have
more than ordinary Cauſe to fear, That the remaining Proteſtant Party,
together with the important Towns of Carrickfergus, London-Derry, and
Colerain, being the chiefeſt Bullworks and Fortreles of that Province, may
for want of Speedieft : Relief be ſurprized and deſtroyed, and by that means
the reſt of the Kingdom Extreamly indangered to the irreparable dammage,
and diſcomfort of his Majeſty and all his Good and Loyal Subjects, of all his
Dominions ; Therefore your, Petitioners do moft inſtantly fupplicate this
Honorable Aßembly, to endeavour the haſtening thither with all poſſible
Expedition the 10000 Men out of Scotland, whoſe Aſſiſtance being within
Three hours Sail, way be ſoonejt conveyed, and whoſe Conſtitutions will
notably match with the Rebels, being well able, as many of theſe Petition-
ers have knonn by former Experience, to follow them through the Boggs,
and Mooriſh places, frequent in thoſe Parts during this Winter Seaſon;
which other Supplies may not be fo fit for at preſent. This Number added
to thoſe Raiſed, and to be raiſed in thoſe Parts, through Gods Bleſſing,may
Soon Check thoſe Inſolencies, and contribute much for reducing that King-
dome to due Obedience, and yield unſpeakable Comfort and Relief, to many
Thouſand
I
'
from the Scotch Rebellion to the King's Murther.
771
Thouſand diſconfolate bleeding Proteſtant Souls, who have long languiſhed Decemb.
in Expectation of Aid from that and this Kingdom, the longer retarding 1641.
whereof will carry loud Cries to Heaven against thoſe who cauſe the
Same.
And your Petitioners ſhall pray,&c.
+
A. Loftus, Ro. Digby, Tho. Foliot; Hen. Blaney, Fr. Moyntnorris, Crom-
well
, Edward Loftus, Arthur Jones, Geo. Blundel, Robert King, Fo.
Clotworthy, Faith: Forteſcue, Joh. Moor, Arthur Anneſley, Rob. Pack-
hurſt, Ra. Walles, I ho. Forteſcue, Ro. Whiſtler, Nicholas. Loftus, Rich.
Fitz-Gerrard, Rich. Perkins, Jo. Davis.
1
of thc Com.
.
!
After the Reading of this Petition, Inego fones Eſquire, Surveyor of The Anſwer of
his Majeſties Works, put in his anſwer to the Declaration of the Com- Inego Jones to
mons in behalf of the Pariſhioners of St. Gregories, London.
the Complaint
At which day the ſaid Inego Fones Eſquire appeared before the Lords: mons.
in Parliament, and being demanded what he could ſay in Anſwer to the
Declaration brought up from the Houſe of Commons againſt him; He
the faid Inego Fones for Antwer thereunto faith, That he is not Guilty of
the Offence charged in the ſaid Declaration, in ſuch manner and Form as
therein.is Expreſsed.
Whereupon Friday Fortnight was ordered for the day of hearing the
Cauſe.
It was alſo Ordered, That the Lord Viſcount Loftus, Ro.Lord Digby,
Lord Foliot, Lo. Docura, Lo. Blany, Lord Mountnorris, Sir Faithful For-
teſcue, Sir Robert King, Edw. Loftus, Nich. Loftus; Arthur Jones, Geo.
Blundel, John Moor; Arthur Anneſley, Ro. Whiſtler, Jo. Davis, Richard
Fitzgerrard, and Rich. Perkins, do attend the Lords. Committees for Iriſh
Affairs to morrow at 9. of the Clock in the Painted Chamber, who are to
hear what Reaſons they can give concerning the putting off the Parliament
of Ireland.
After which the Lord Keeper reported the Effect of the Conference,
and an Anſwer to their LordſhipsTwo Propoſitions offered to the Houſe of
Commons this day,
(1.) For the certainty which their Lordſhips dehre of ſending 10000
Engliſh into Ireland, the Houſe of Commons Say, That they were not Uſed the 2 Propo-
to be Capitulated withall; their Actions are free as well without Condi- fitions of the
tions as Capitulations, and the Houſe of Commons deſire it may be ſo no ing 10000
Engliſh as well
( 2ly) The Houſe of Commons think they have given ſufficient certainty al is to promociones
ready, having formerly Voted the ſending of 10000 Engliſh into Ireland,
and tranſmitted the
ſame to their Lordſhips, and likewiſe ſent the ſame in-
to Ireland, therefore they think it not neceſſary to Vote it again, but do de-
fire their Lordſhips would Vote the ſending of icooo Scots to Ireland by
it felf, without any Relation to the 10000 Engliſh, and that speedily, the
Safety of Ireland depending upon it.
Further, the Houſe of Commons do deſire their Lordſhips to do it, in re-
gard they conceive the 1oooo Engliſh can not go, unleſs the Bill for preſſing
palles.
This laſt Clauſe eaſily unriddles all the reſt, they had a Deſign to
clip the Prerogative by that Bill, and to put the iſſue of paſſing, or not
paſſing it upon this popular Theme of the Tragical neceſſity of Ireland ;
when if they would have raiſed Mony, there would not have wanted
A Smart Ati-
ſwer of the
Commons to
more.
$
I0000
+
4
.
ú
Votes of the
Lords for
for Ire and.
772 An Impartial Collection of all the memorable Events
Decemb. | 10000 Engliſh Soldiers, without preſſing for that Expedition, or any
1641. other, the Genius of the Nation having ever been Martial, and rather
too forward to run into Arms, then otherwiſe, at the Beat of the
Drum.
The Houſe of Lords was immediately then reſolved into a Commit-
10000 Englib tee of the whole Houſe to debate this Conference, and the Houſe being
& 10000 Scots reſumed, It was Reſolved, Nemine contradicente, That 10000 Engliſh
shall be ſent into Ireland.
Reſolved upon the Queſtion, That 10000 Scots ſhall be ſent into
Ireland, upon ſuch Conditions, as ſhall be agreed upon by the Parliament of
England.
Ordered, That the Lords Commiſioners do acquaint the Scots Commiſ.
fronors with the aforeſaid Votes, and to let them know, That this Houſe bath
entred into Conſideration of their Propoſitions, and will.give them a: Anſwer
berein with all Expedition.
It was alſo Ordered, That the Committee for keeping of a good Corre-
Spondency between both Houſes, ſhall meet on Friday Morning, to take into
Conſideration this last Meſage, brought up from the Houſe of Com-
!
mons.
from the To-
wer.
queot.
Ireland.
The Commons ſtaying in the Painted Chamber, all this while for an
Anſwer to the Meſſage, the Lords went to acquaint the Houſe of Com-
mons, with what was Voted.
Juſtice Lorg
In the Commons Houſe Mr. Long, who had been ſent to the Tower
diſcharged for figning the Warrant for the Halberdeers to Guard the Parliament,
was upon his Petition this Day releaſed.
Dr. Gray rent A Complaint having been Exhibited againſt him, It was Reſolved, That
for as a Delin- Dr. Gray Parſon of Ponteland in the County of Northumberland, ſhall be
forthwith ſent for as a Delinquent, by the Serjeant:at Arms attending on this
Houſe.
Several Letters were then read from Ireland, one from Sir William
Volunteers for Brereton, giving Information, That Sir Simon Harcout's Regiment is
compleat, and that there are 4 or 500 more cheerful Volunteers,' which are
ready to go, if they had commiſion. This plainly confirms what before
was ſaid, that the Neceſſity of the Bill for preſling Men, was only to.oppreſs
the Royal Prerogative.
Mr. Pym informed the Houſe, That this was moved at the Committee
laſt Night, and that the Earl of Leiceſter Lord Lieutenant of Ireland, had
aſſured them, he would take Care for the ſpeedy Tranſporting of theſe Vo.
lunteers.
The Houſe then fell upon the 'Conſideration of the Bill, for raiſing
4coooo l. for the Affairs of Ireland, &c.
The Officers of the late Army, having alſo Petitioned for their Ar-
rears, there was an Order to pay them 13000 l. being the Moiety of
what was due to them.
Amidſt all this Heat of Publick Affairs, and the great Zeal for Tre-
land, ſtill the Faction found leiſure, to perfecute the Loyal and Ortho-
dox Clergy, upon the Informations of their implacable and reſtleſs Ene-
mies the Non-Conformiſts and Schiſmaticks; for this Day the Commit-
tee for ſcandalous Miniſters was revived, and appointed to meet upon
Thurſday Morning at Eight of the Clock, ſo that Wedneſday being the
Faft, was to be the Prologue to their Smiting with the Fift of Wick-
cdneſs.
7
It
H."
VS
F
"
4
71" tu
1
HI'Pd
773 、
u
Alderman Pen-
I!
the Miniſter
of Grace.
Dr. Beal refer:
red co the
Xh
+
from the Scotch Rebellion to the King's Müriber
.
It ivas alto Ordered, That Alderman Pennington do take Carè to bring 1641.
in the Witneſſes of the Parifl of Grace-Cliarch, to teſtify that Information Decemb.
be
gave the Houſe this Day against the Miniſter of that Pariſh.
Alſo it was Ordered, That the Committ: e for the Bill for Scandalous Mi- nington an in-
niſters, do take into conſideration, the Matter informed of againſt Dr. Beal former againſt
on Thurſday next.
The Lord Kceper this day reported a Conference had with the Com- Church
.
mons, That the Houſe of Commons kaze brought up to their Lordſhips a
Propoſition of the Scots dated 20th Dec. 1641. concerning the 2500 Men, Committee
as alſo the Reſolution of the Commons thereupon, which they deÁred their for Scandalous
Lordſhips to joyn with them in.
Thurſday,
Then the ſaid Propoſition was read, as alſo the Reſolution of the Ccm Decemb. 23.
mons, That they do undertake to pay the 2500 Men already entertained in
Scotland, from the 8th of December to the end of the Treaty according to
the Pay, ſétled them in Scotland; which being read the Houſe of Lords af-
ſented to it.
After which, a Meſſage was brought from the Houſe of Commons
by Mr. Waller. That the Houſe of Commons conceive ſome Cauſe to Exa-
mine Daniel O. Neal further as a Delixquent, but not upon Oath, and ſeeing
he is their Lordſhips Priſoner, committed to the "Gate-Houſe upon an sc-
cuſation of. High Treaſon, That their Lordſhips would pleaſe to give way,
that fime Members of the Houſe of Commons may Examine kim; and alſo
to deſire their Lordlaips
. to fit a while, for that the Houſe of Commons will
come up to their Lordſhips with ſome Buſineſs concerning the safety of the
City.
To which the Anſwer was, That their Lordſhips do give way that ſome
Members of the Houfe of Commons, may aſk'Mr. O Neal any Questions, as
they all think fit, and that this Houſe will fit a convenient time as is de-
fired.
This Matter of the Safety of the City, was delivered at a Confe- Conference
rence, That the Houſe of Commons reprejented to their Lordſhips, that concerning
they had received Införination, Thut Sir William Baliour Knight, Lieute- four, and ma.
nant of the Tower of London approved for liis Fidělity, is put okt of bis king Lunsford.
Place, and one Colonel Lunsford put into his Place, concerning whom the the Tower.
Houſe of Commons had received a Petition, which they deſired their Lord-
Ships to conſider of.
The Faction were reſolved to diſlike what ever the King ſhould do,
and to give countenance to their Proceedings, they had Petitions and Pe-
titioners ſtill in a Readineſs, to make it appear, that they moved upon
that' Foot, wlien in reality, they themſelves and their Agents, were the
Ingineers of thoſe very Petitions.
The Petition was read in the Houſe of Lords, and was in hæc Verba.
To the Honorable the Knights, Citizens and Burgeſſes of
the Commons Houſe of Parliament.
The Humble Petition of divers Common-Council Men, and others of
the City of London.
Sheweth,
Hat whereas the Tower of London, was originally ordained for De- cerning the
fence of this City, and to be the Chief Magazine of the Kingdom, and placing Lurs-
that the whole State is deeply intereſſed in the ſafe Cuſtody thereof,
1.
$
The Fa&ious
Londoners Pe:
cition con-
T"
thereof, but ford in the
Tower,
more
1
r
h
tr
The Commons
Reaſons againſt
774 An Impartial Collection of all the memorable Events
Decemb. more eſpecially the ſaid City, which lately hath been put into Fears of ſome
1 641. dangerous Deſign from that Cittadel
, whereupon it pleaſed this High Court
to mediate with his Majeſty, for remor:ing of thoſe Fears. And whereas the
Petitioners are informed that Sir William Belfour, a Perſon of Honor and
Truſt, is diſplaced
from the Office of Lieutenant, and the same Place leftow-
ed upon a Man Out.lawed and moſt Notorious for Outrages, Colonel Lunsford,
and therefore fit for any dangerous Attempt; the fetitioners, and many
more who have Intelligence thereof, are thereby put into ſuch a bight of
Fear and. Jealouſy, as makes them restleſs, till iley have diſcharged their
Duty, in repreſenting the ſame to this Honorable Houſe.
May it therefore pleaſe this Honorable Aſsembly, to take the Premiſſes
into ſuch Conſideratiin, as may ſecure both the City and Kingdom, againſt
the Miſchiefs which may happen, as to your great Wiſdom Mall be found moſt
fitting
And your Petitioners ſhall
pray,
&c.
Randal Manwaring, Maximilian Beard, Edw. Gitting, fo. Pocock, Sam.
Warner, Geo. Thomſon, Stephen FJtwick, Ric. Price, Ric. Turner.
The Houſe of Commons do further ſay, That the ſaid Colonel Lunsford
is an unfit Perſon to be Lieutenant of the Tower ; For,
(1.) They ſay he is a Man of a decayed and deſperate Fortune, and so
Lunsford's be- may be tempted to undertake any ill Deſign; and they conceive it will
ing Lieutenant be very prejudicial to the King and Kingdom, for him to be in that place,
of the Tower in this time of Fears and Jealouhes; eſpecially to the Mint in this time
of great occaſions to uſe Monies, for it will diſcourage Merchants and
Strangers from bringing in their Bullion into the Mint.
(2.) The Houſe of Commons ſay, That Colonel Lụnsford is a Man of a
deſperate Condition, he having been formerly Cenfured in the Star-Cham-
ber, for lying in Wait, and leſetting Sir Thomas Pelham Knight, as he
came in his Coach upon a Sunday from Church, and did diſcharge tro Pin
ſtols into the Coach.
Alſo, being challenged into the Field by one Captain Bulier, upon ſome
injury offered to him by the ſaid Colonel Lunsford, Colonel Lunsford re-
fuſed to Anſwer him, but ſent him word he would cut his Throat, and
would meet him with a Piſtol, and put out his other Eye.
(3.) The Houſe of Commons Say, That they are informed that Colonel
Lunsford is not right in his Religion ; .for they underſtand, that when he
was a Commander in the North, in the Kings Army, he did not go to Church
though he was deſired.
The Houſe of Commons conceiving this buſineſs concerns the ſafety of the
King, City, and Kingdom, they deſire their Lordſhips would be pleaſed to
joyn with the Houſe of Commons 10 Remonſtrate theſe things to the
King, and to deſire him, that a Place of ſuch importan.e may not be put
into the hands of ſuch a Man as Colonel Lunsford, but that if His Maje-
Sły think Cauſe that there ft:ould be a Licutenant of the Tower, being un-
der the Command of ſuch an. Honorable Perfon as tbe Earl of Newport,
who is Conſtable thereof, by His Majeſties appointment, that Sir John Con-
yers may be recommended to his Majeſty for that Place.
After a long Debate of this Conference, the Queſtion was put, Whe-
füle to joyn
ther this Houſe ſhall joyn with the Houſe of Commons in the whole Mat-
mons to move ter of this Conference ; And it was Reſolved Negatively.
the King to
The firſt thing that was done in the Commons Houſe this day, was
diſplace Lunso an Order, That Mr. Calamy and Mr. Marſhal ſhall be deſired to Print
(ford.
their
1
.
The Lords rc-
with the Com-
ישי
***
+
Thanks of the
Faſt Sermors.
1
from the Scotch Rebellion to the King's Murther: 775
their Sermons they yeſterday Preach'd at St. Margarets Weſtminſter, at Decemb.
the intreaty of this Houſe; and Sir Arthur Ingram, and Sir Tho. Bar-
1 641.
rington are deſired to return them Thanks from this Houſe ; and it was
likewiſe Ordered, That they ſhall have a Piece of Plate of 20 l. a piece gi- Houſe and a
ven unto them, and Sir Arthur Ingram, and Sir Thomas Barrington are Place of 20 l.a.
to think of ſome convenient Courſe for raiſing the ſaid Monies.
piece, Order.
ed Calamy and
Then the Kings Anſwer to the Petition of the firſt of December was Marſhal, and
read, and referred to the Committee that prepared that Petition, to the prior their
frame an Anſwer unto it, and preſent it to the Houſe, and to meet this
Afternoon at Four of the Clock in the Inner Court of Wards.
It was allo Ordered, That the Gentlemen that ſerve for the city, and
Mr. Tompkins, Mr. Martin, and Mr. Peard, Jhall inquire in what hands
the Tower of London now is. From which is plain from what Quarter
of the World the Petition againſt Lunsford came.
Captain Leg was alſo this day Ordered to be Bailed.
Then the Petition of the Apprentices, and others whoſe times are
lately Expired, in and about the City of London was read ; and the
Parties that preferred this Petition were called in, and Mr. Speaker told
them, That this Houſe doth approve of the manner of the delivery of their
Petition, and the Interruptions complain’d of, they will conſider of when
proofs ſhall be produced; they will likewiſe conſider of the deſires of their
Petition, when the great Affairs of this Houſe Jhall permit. And their
Complaints were referred to the Committee appointed to conſider of
the Interruptions in preferring the Petition from the City of London.
All the World was now run into one Trade, and that was State-
mending, and Church-modelling, in which matters the Godly and
Well-affected have ever had in their own opinion ſuch a peculiar Gift,
that every little Blew-Apron-Boy behind the Compter undertakes as
boldly, as if he had ſerved an Apprenticeſhip at the Council-Board;
and becauſe Poſterity ſhall be ſatisfied this is no abuſe, I liere preſent
the Reader with theſe Indenture-mens Petition, as I find it among the
Prints of the Time; for they had the vanity, after having preſented it,
to think it would turn to account to Print and Publiſhi it too, to help
Trading and procure Cuſtom.
This Petition, which by theſe young Reformers was addreſſed to the
King, but preſented to the Commons with a multitude of Names, who
could not write, and by conſequence neither read nor underſtand Com-
mon Senſe, was as followeth.
The Apprenia
Hereas we of the loweſt members of the City and Kingdom,touched tices Petition.
with the common Senſe of all good Šubjects, do by Experience find,
both by our own and our Maſters Tradings, the beginning of great Miſchief
coming upon us, to nip us in the bud, when we are firſt entring into the
World: 'the Cauſe of which we can attribute to no others, but to the Papiſts
and Prelates, and that Malignant Party which adheres unto them. And.
where as by the late Proteſtation we ſtand folemnly ingaged in the preſence
of Almighty God, by all lawful means with the utmojt of our Lives, Pow-
er, and Eſtates, to defend your Sacred Majeſty and Royal Illue, with
the Rights
and. Liberties of Parliaments, and all your Majeſties Subjects,
ágainji Papiſts and Popiſh Innovators, ſuch as Arch-Biſhops, Biſhops and
their dependants appear to be the Extirpation of which Government, Root
and Branch, by ſeveral Petitions from this city, and many parts of this
Kingdom have been humbly deſired. We hold it our bounden Duty, after
Tin Vol. II.
lang
W
"
Ggggg
!
!
1
776 An Impartial Collection of all the memorable Events
Decemb. | long Expectation of due and juſt Proceedings againſt the forenamed Papifts,
1 6 41. and Popiſh Innovators, now at the laſt to become moſt humble Suitors, to
your Majeſty in this preſent Parliament, that
you would pleaſe to take No-
tice that notwithſtanding the much unwearied pains and induſtry of the
Houſe of Commons to ſubdue Papiſtry and Popiſh Innovators, neither Po-
pery is ſubdued, nor Prelates are yet removed, whereby many have taken
great incouragement deſperately to Plot againſt the peace and Safety of
this and other your Majeſties Dominions,Witneſs the moſt barbarous and in-
bumane Cruelties perpetrated by the Papiſts now in Ireland. From whence
ariſeth in us a new Spring of fears and jealouſies, what the Ilue of theſe
things may be, in this your Kingdom of England alſo, without a ſpeedy
and timely prevention of the ſame.
In hope therefore of your Majeſties willing readineſs by the advice of
this Honourable Court of Parliament to provide for our prefent Re-
lief and Safety, We Humbly Supplicate, that the Popiſh Lords and
other eminent and dangerous Papiſts in all parts of this
Kingdom,
may be narrowly look'd unto and ſecured, the Laws againſt Prieſts and
Feſuits fully Executed, the Prelacy Rooted out, that ſo the work of
Reformation may be proſperouſly carried on, our distracting fears re-
moved, the weighty Affairs of the Kingdom ſettled, and conſequently
God may delight in the preſent and ſucceeding Ages to dwell in this
Land, the freedom of Commerce and Trade may paſs on more chear-
fully for the incouragement of your Petitioners, and
that the
flouriſh-
ing and peaceable Reign of your Majeſty may be long continued and
increaſed among us.
For all which your Pétitioners
ſhall ever Earneſtly Pray, &c.
James Freſhwater, John Page, Henry Crewkern, John Caudry, Thomas
Clement, Will. Bently, with a number of Markes and Names.
Mr. Quelcha
A Petition of the Inhabitants of St. Benuets Grace-Church, againſt Mr.
Church,ſent for Quelch their Miniſter was read; whereupon it was Reſolved,&c. That
Mr. William Quelch be forthwith ſent for as a Delinquent by the Serjeant
at Arms attending the Houſe. And the Petition was referred to the
Committee for Scandalous Miniſters.
The City Petition, of which before, was alſo read, ut fupra, in the
Friday,
Proceedings in the Lords Houſe.
Decemb. 24..
This Day a Petition from fome Citizens of London was preſented to
the Houſe of Lords, which was read in their preſence, viz.
To the Right Honourable the Lords Aſſembled in this
preſent Parliament,
The Humble Petition of divers Citizens,Merchants and others of London,
Trading in the Realm of Ireland.
Miniſter of St.
Bennet Grace
1
as a Dclin-
quent.
1.
.
+
.
The Petition
of ſeveral Mer.
chants to the
Lords concer-
ning Ireland.
Sheweth unto your Lordſhips,
Hat your Petitioners on the behalf of themſelves, and other Mer-
chants, Shop-Keepers and others Trading into the Realm of Ireland,
whoſe Eſtates to the value of above a Million of Money lie involved
in the deſperate Condition of that Kingdom, as alſo on the behalf of the
whole Proteſtant Party of that people reduced to unſpeakable Extremity
TI
in
1
'포
​NO
ILL
PIH
મ ય છે
-
..
P
1
1
1
from the Scotch Rebelliori. törhe King's Mürther. 779
in their Lives and Fortunes, as by our daily Letters from thence, we are Decemb.
informed to our great Grief. We moſt humbly beſeech your Lordſhips, 1641.
That you will be pleaſed to conſider the Sad Condition of them and us, in a
our reſpective Intereſts, and lay aſide all things that may trouble the Way,
to the Relief of that Wretched State; which without Speedy and Effeétual
Aliſtance, will not be able to ſerve his Majeſty in the reſiſtance of the Re-
bels there, nor ſhall we be able in our ſeveral Degrees and Conditions to
do his Majeſty, your Lordſhips, and the whole Realm that Service in our
ready.Compliance with the Great Affairs of this Kingdom, as we ſhould, and
would moſt willingly perform to the uttermoſt of our Abilities. This, My
Lords, we moſt humbly offer to your Lordſhips, as a conſideration, where-
upon that Kingdom depends, beſides many Thouſands depending upon us the
Petitioners in our Trades, that are bere Equally concerned with them of
Ireland in our Livelihoods. And do beſeech your Lordſhips in the End,
after the Long. Suffering of that Unfortunate Nation, our long Expecta-
tion, and the Wonder of all Neighbouring States, occaſioned by a Long, and,
as we humbly conceive, an Unſeaſonable delay, whileſt the Life, Liberties
and Interejts of the Proteſtants of that Kingdom are daily invaded and
deſtroyed, you will now give an inſtant diſpatch for the Relief of that Mi-
ſerable Realm and People.
And your Petitioners ſhall ever pray,&c.
Signed Gilbert Harriſon, William Green, Richard Whitaker, John
Stone, Tho. Stone, Edw. Claxton, cum inultis aliis.
The Houſe taking the Petition into conſideration, the Petitioners
were called in, and the Lord Keeper, by direction of the Houſe, told
them, That their Lordſhips were taking into their conſideration and Care,
the Neceſity and Affairs of Ireland, and will uſe all Expedition therein,
and will take their Petition into conſideration.
Then a Meſſage was brought up from the Commons by the Lord
Gray of Ruthen, To deſire their Lordſhips to joyn with them to Petition
the King for a Monthly Faſt throughout the Kingdom, during the Troubles
of Ireland, and for a Proclamation to that Effect.
ż. To Expedite the Anſwer to the Conference laſt Night concerning the
Buſineß of the Tower, which is a Matter of great Importance.
The Anſwer was, That this Houſe joyns with the Houſe of Commons
in the firſt of this Meßage; but concerning the matter of the late Confe-
rence concerning the Lieutenant of the Tower, this Houſe hath not thought
fit to joys with the Houſe of Commons therein.
A Meſſage was brought from the Houſe of Commons by the Lord Bills paſſed
Herbert, who brought up 3. Bills which had paſſed the Commons, Inti- the Houſe of
tuled,
brought up to
(1.) An A&t to reſtrain Barge-men, Lighter-men and others from ta- the Lords
(1.) For the
bouring and working on the Lords Day, commonly called Sunday.
Lords day.
(2.) An A&t for the better raiſing and levying of Marriners; Sailors, (2.
) For preſ-
and others, for the preſent Guarding of the Seas, and neceſary Defence of bers
, &c.
the Realm and other his Majeſties Dominions.
(3.) An A&t for the ſettling by Fitzwilliams Corningsby Eſa; a Rent- 3.) Fitzwil.
Charge of 200 l. per annum upon an Hoſpital in the Suburbs of the City of by's Bill
Hereford called Conningsbie's Company of Old Servitors,ci and for
Vol. II.
Ggggg.2
the
Commons
4
Reſolution of
on the 6 Pro-
the ScotsCom-
millioners.
798 An Impartial Collection of all the memorable Events
Decemb. the Settlement of Lands and Tenements for the payment of bis Debts, and
1641. raiſing of Portions for his Tounger Children, and for a new Foynture for his
Wife, and a New Settlement of his Eſtate.
The Lords then fell upon the Conſideration of the 6. Propoſitions of
the Lords up the Scots Commiſſioners.
poſitions of To the Firſt, Reſolved,&c. That 10000 Scots ſhall be ſent into Ireland,
upon ſuch Conditions as ſhall be agreed upon by the Parliament.
To the Second, This Houſe agrees with the Houſe of Commons therein.
To the Third, The Houſe agrees into it thus, That there ſhall be deli-
vered unto the Scots 5000 Arms within a ſhort time after their carrying
their Arms out of Scotland, and 5000 Arms more within 5 or 6 Months,
conſiſting of Pikes, Muskets and Swords, which is conceived are the Arms
they will convey out of Scotland into Ireland.
To the Fourth, Agreed, That ſome Ships of War ſhall be ſent to ſecure
the Tranſporting of the Scots into Tréland; but becauſe it will be fome
time before our Ships can come thither, the Commiſſioners are to Treat
with the Scots Commiſſioners, either to Tranſport their Men without Ships
of War, or elſe to imploy ſome of their own Ships, until ours can come, and
they shall be paid for the ſame.
To the Fifth, This Houſe agrees with the Houſe of Commons, and re-
fers it to the Engliſh Commiſioners to Treat about a ſmaller Number of
Horſe.
To the Sixth, This Houſe agrees with the Houſe of Commons therein.
L. Keeper re-
A Conference was had with the Commons, which was thus Reported
ports Confe- | by the Lord Keeper,
That the Houſe of Commons greatly deſired, That bath Houſes might
and Lunsford. I have joyned together in an humble Petition to his Majeſty for removing of
Col. Lunsford, from being Lieutenant of the Tower of London.
The Houſe of Commons Say, They find ill Conſequences already by his
being Lieutenant ; for Merchants have already withdrawn their Bullion
out of the Mint, and Strangers which have Ships lately come with great
ſtore of Bullion, do forbear to bring it into the Mint, becauſe he' is Lieu-
tenant of the Tower; and by this Means, Money will be ſcarce to come by,
which will be prejudicial and obſtructive to the preſling Affairs of Ireland.
The Houſe of Commons took it much to Heart, that their Lordſhips did
not "joyn with them to Petition kis Majeſty: Hereupon they have made a
Declaration for themſelves, and deſired, That the ſame may be entred into
the Journal Book of this Houſe, as they have done the like in their Houſe ;
Which was read in theſe Words :
rence about
the Tower
2
The Declarati."
onof thcCom-
mons concern-
ing the Tower.
WE
E the Knights, Citizens and Burgeſſes of the Commons Houſe
of Parliament, being very ſenſible of the great and emmi-
nent Danger of the Kingdom, through the Deſigns of the Papiſts, and
« other Perlons diſaffected to the Publick Peace, and finding by frequent
“ and emminet Symptomes, that the fame groweth very near to matu-
rity, amongſt which We reckon this not to be the leaſt, that the To-
wer being a Place of ſuch Importance to the ſafety of the City, and
" of the whole Kingdom, ſhould be put into the Hands of a Man ſo un-
worthy, and of lo dangerous a Diſpoſition, as by divers Teſtimonies
“ Colonel Lunsford is affirmed to be, which cauſed:Us yeſterday, upon
" the Petition of the Citizens of London, to deſire your Lordhips to
"joyn with us in an humble Suit to his Majeſty, that a Place of that
great
1
12
66
11
1 6 4.1.
LG
"
66
CC
SC
66
(6
from the Scotch Rebellion to the King's Murther. 779
great Conſequence might not be diſpoſed in ſuch a manner, as to haz- 1 Decemb.
zard the Safety, Peace and Content of the City, and of the whole
Kingdom; and perceiving that your Lordſhips have refuſed to joyn
with us, in ſo important and neceſſary Requeſt, do hereby declare be-
fore God and the whole Kingdom, that from the beginning of this
Parliament, we have done our uttermoſt to preſerve the State from
" Ruine ; and having through God's Bleſſing prevailed ſo far, that the
Deſign of the Iriſh Army of Papiſts, the other Deſigns of bringing up
the Engliſh Army, ſeveral times attempted, a former Plot of Poffel-
ſing the Tower, without which Treaſon could not be ſo miſchievous
to the State, were all prevented, although ſtrongly bent to the De-
ſtruction of Religion, the Parliament and the Common-Wealth, do
now find themſelves incountred with as great Difficulty, as ever, the
“Papiſts Rebellion in Ireland, giving luch Encouragement to the
Malignant Party here, that they likewiſe receiving luch advantage
by the Delays and Interruptions, which we have received in the Houle
of Peers, as we conceive by the great number of Biſhops and Papiſts
notoriouſly diſaffected to the Common Good. And do therefore
hold our Selves bound in Conſcience to declare and proteſt; that we
are Innocent of the Blood which is like to be ſpilt, and of the Con-
“ fuſions which may overwhelm this State, if this perſon be continued
in his Charge ; and do intend to reſort to his Majeſły, in an humble
“ Petition, that he will be pleaſed to afford us his Royal Protection,
that the Kingdom and our Selves,, may be preſerved from this wicked
" and dangerous Deſign, and that he will grant Commiſſions and In-
“ſtructions as may inable us to defend his Royal Perſon, and his Loyal
Subjects, from the Cruelty and Rage of the Papiſts, who have long
Plotted and Endeavoured to bring in a bloody Change of Religion,
to the apparent Ruine of the whole Kingdom, and if any of your
Lordſhips have the fame Apprehenſions that we have, we hope they
" will likewiſe take ſome Courſe to make the ſame known to his Ma-
jeſty, and will further do what appertains to Perſons of Honor and
Fidelity for the common Good.
After the reading of this paper, it was moved to adjourri the debatė
of this matter till Monday, by ſome that it might be debated preſently.
Hereupon the Queſtion was put, Whether the Debate upon this re-
port, ſhall be put off until Monday next, or not, and it was reſolved to
be
put off until Monday next.
Which being done, theſeLords following did diſaſſent to this Vote,and
before the putting of the Queſtion,did claim their Right to enter their
Proteſtation againſt it, which was as followeth.
The Proteſtation.
In reſpect the Conference brought up, and reported from the Houſe of the Proteſta
Commons, dorh as if thereby declared, concern the inſtant Good and Safety tion of divers
of the King and Kingdoms, I do proteſt againſt the deferring of the Debate Lords againſt
thereof until Monday, to the end to diſcharge my ſelf of any ill Conſequence puc of the,
that may happen.
con-
Lo. Admiral, Similiter, Lo. Chamberlain, E. Pembroke, E, Bedford, E. cerning the
Warwick, E. Bolingbroke, E. Newport, Viſcount Say and Seal
, E. Suffolk, Towers
E. Carliſle; E. Holland, E. Clare, E. Stamford, Lo.Wharton, Lo.Şt. Fobus,
Lo. Spencer, Lo. North, Lo. Rymbolton, Lo. Brook, Lo. Grey de erke, Lo.
Roberts, Lo. Howard de Eſcrick:
After
CS
debate of the
780 An Impartial Collection of all the memorable Events
releaſed con-
Bill.
i
Colonel LXXS-
1
Decemb. After which, upon reading of the Petition of the Lord Biſhop of Lox-
1641. don, William Lord Biſhop of Bath and Wells, and Matthew Lord Bi-
Wſhop of Ely, ſhewing that they had paied 601. apiece for the Poll.
The Biſhops of Money, and depoſited other Monies according to a Proportion of the
Bath and Irells double Tenths of their Biſhopricks, But because their Biſhopricks are
freed by Letters Patents, under the Great Seal of England, from
cerning Tenths
pay-
upon the Poll ing or accompting for any Tenths ; It was ordered by the Lords in
Parliament, That Mr. Parramour, with whom the ſaid Monies were de-
poſited, ſhall forthwith upon light thereof (if he hath ſo much in his Hands
of the Poll-Money, and if not, then as ſoon as ſo much Money ſhall come in
unto him ) repay unto the faid Lords the Biſhops tbeir Alligns or Agents,
all ſuch Sums of Money, as he hath received from their Lordſhips refpe-
Etively, above the col. apiece as is aforeſaid.
In the Houſe of Commons, the fame Petition from the Merchants,
&c. was read, which was preferred to the Lords ; alſo upon the Lords
refuſing to joyn with them to Petition the King for Lunsford's removal,
they preſently came to this Vote.
Reſolved, &c. That this Houſe holds Colonel Lunsford unfit to be, or
Vote againſt
continue Lieutenant of the Tower of London, as a Perſon, in whom the Com-
forda
mons of England cannot confide in.
Then Mr. Hollis, Mr. Pym; Mr. Strode, Sir Edmond Montfort, Mr.
Glyn, Sir Philip Stapleton, Mr. Martin and Sir John Hotham, were Orde-
red to draw Heads for the Conference before recited.
Sir John Bere
This Day it was moved that Sir John Berkley might be bailed, aná
ley, bailed.
thereupon
Reſolved, &c. That this Houſe doth approve and allow of the Earls of
Dorſet and Stamford to be Bail, for Sir John Berkley a Priſoner in the
Tower, the principal to be bouwd in the Sum of 10000). the Security in
the Sum of soool.
Captain Lige
Reſolved, &c. That this Houſe doth approve and allow of the Earls of
Cumberland and Newport, to be Bail for Captain William Legg; ut
fupra.
Mr. Williamson Mr. Williamſon a Miniſter, in Cuſtody of the Serjcant for a Sermon
a Miniſter
preached on Sunday was 7 Night, in the Pariſh Church of St. Martins in
the Fields,ſhall be bailed, and the Conſideration of the Sermon was refer-
red to Mr. Peard.
Then Sir Edward Hungerford, Sir Henry Mildmay, Sir Thomas Bar-
rington, Sir Henry Vane, Sir Robert Pye, Alderman Pennington, Alder-
man Soame, were appointed to treat with the Merchant Adventurers,
or any others concerning the Loan of 50000 l, for the Affairs of Ire-
land, and to offer them Security out of the 400000 l. Bill, and 81. per
Cent, for forbearance of their Money.
It was alſo Ordered, That Sir Thomas Barrington and Mr. Martin
do this Night repair unto the Conſtable .of the Tower, and deſire him from
this Houſe, to lodge and reſide within the Tower, and take the Cuſtody and
Guard of that Place.
Myndays
Information was this Day given to the Houſe of Lords, That ſome
Decemb. 27. Members of this Houſe, have had falſe Rumors reported of them ; That du.
ring the time of the King's being laft in Scotland, it was told the Queen,
That at a Meeting at Kenſington (where the Earl of Effex, the Earl of
Newport, the Lord Viſcount Say and Seal, the Lord Mandevil, the Lord
Wharton, Members of this Houſe
, and the Lord Dungaruan, Mr. Natha-
niel Fines, Sir John Clotworthy and Mr. Jobn Pym Members of the
Houſe
bailed,
bailed.
1
+
4.
/
Tümulcs.
from the Scotch Rébellion to the King's Muxtber. 78.1
Houſe of Commons. were preſent ) upon a diſcourſe of Plots; that fiould be Decemb:
dune in this Kingdom, or in Scotland, the Earl of Newport ſhould ſay71 464,5.
there be fuch.a Plot, yet here are his wife and Children, meaning that the
Perſon of the Queen and her Children ſhould be ſeized upon.
Upon this the Earl of Newport ſtood up, and gave the Houſe this Ac- E. of Newport
count, That hearing of ſuch an Information which' had been preſented to a report of his
the Queen, he went with ſome other Lords, and waited on the Queen, and speaking of
ſcizing the
with many Proteſtations aſſured the Queen, That never any ſuch Words
Queen, &c
were Spoken,nor the leaſt thought thereof conceived of any fuch Fact;' with
which the Queen ſeemed to reſt ſatisfied;
But upon Friday laſt, his Majeſty, asked him, Whether he heard
any Debate at Kinſington, about ſeizing upon the Queen and her Chil-
dren; which his Lordſhip denying, his Majeſty replyed again, That he was
ſorry for his Lordſhips ill Memory.
The Houſe conſidering this Information to be of Conſequence, and
becauſe ſeveral Members of the Commons were concerned in it, reſolved
to have a Conference with the Commons concerning it, that ſo they
might ſearch into this buſineſs,and that the Bottom of it might be found
out, and the Reporter of this falſe Rumor brought to condign Puniſh-
ment. And the Lord Archbiſhop of Tork, Lord Admiral
, E. Briſtol, E.
Holland, Lord Roberts, Lord Savil, were ordered to draw Heads for the
Conference.
The Tumults now began upon this little Claſh of the Two Houſes,and
the Lords refuſing to joyn with the Commons to petition qut Lunsford,
to aſſemble in great Multitudes, to Force the Biſhops by affronts to quit
their ſtation in Parliament, which hitherto could not legally be obtained ;
and there being a great Concourſe of People about the Parliament Door
and the Places adjoyning, the Gentleman-Ulheț was directed to go and
Command them in the King's Name to be gone, and repair to their re-
ſpective places of Aboad, or they ſhould be proceeded againſt according
to Law; who returned with this account, that the People are willing to
depart, but ſay they dare not, becauſe there is Colonel Lunsford with other
Soldiers in Weſtminſter-Hall that lye in wait for them with their Swords
drawn; and that ſome of them who were going through Weſtminſter-
Hall home, have been Wounded and Cut in their Heads by the ſaid Soul-
diers.
Whereupon the Houſe appointed the Lord Steward, the Lord Great A Committee
Chamberlain, Lord Chamberlain, E. Bedford, E. Southamptan, E. Pem- pointed to
broke, E. Sarum, E. Warwick, E. Clare, to Examin what Warrant hath conſider of the
been given to Soldiers to come down this day unto the Parliament Houſe;
and likewiſe what Notice hath been given to any others to come down to
Weſtminſter in Multitudes; and who gave the Occaſion that Swords were
drawn and blows given in Weſtminſter-Hall
, and near thereabouts among
the People. And to Enquire why the Juſtices of Peace, and other his Mas
jeſties Officers, did not prevent the Tumults this Day according to Law,and
the Commands formerly given them. Their Lordſhips or any 7.0f them
to meet on Tueſday the 28 of Decemb. 1641, at 9 of the clock in the
Morning in the Painted Chamber, and when after they pleaſe.
After this, the Lords Commiſſioners delivered in all the Scots.Com-
miſſioners Propoſitions as follows:
1
1
Tumults.
1
1
*1
Since
4
1
.
CC
782 An Impartial Collection of all the memorable Events
Decemb.
Sing
Ince it is deſired that we ſhould give in all our Propoſitions concerning
1641.
the 10000 Men that are to be ſent out of Scotland into Ireland, We
do offer to your Conſideration theſe following Propoſitions to thoſe we have
clready given in
(1.) In reſpect that the Country is for the moſt part Wafted by the
Rebels, and that it is neceſſary for the better Proviſion and Safety of
our Army, That there be delivered unto Us fome Places convenient,
“.for the preſerving of our Victuals, and for Retreat in caſe of Neceſſi-
ty;
It is therefore deſired, That the Town and Caſtle of Carrickfer-
gils, Colraine, and London-Derry be put into our hands, wherein we
may plant Garriſons, and make uſe of them, for Magazins of Victuals,
Arms and Munition, and for Retreat upon any Occaſion: And that
the Magiſtrates and Inhabitants thereof be ordeined to carry them-
“ſelves to any of our Commanders there as is fit, and ordinary in ſuch
Caſes; We giving Aſſurance to uſe them with all Brotherly Kindneſs
" and Reſpect; and to give full Satisfaction for what we ſhall receive
from them, and that we ſhall make Uſe of the ſaid Places, for the
Honorand Advantage of his Majeſty and the Crown of England; and
faithfully reſtore them, to any having Commiſſion from the King and
« Parliament when the War ſhall End; or that our Army ſhall be by
“ them diſcharged, and ſatisfied of all Dues and Conditions made in
this preſent Treaty.
(2.) That the Towns of Carrickfergus, Colrain, and London-Derry,
“ be inſtantly provided with Victuals of all kinds neceſſary for Soldiers,
“both for the Garriſons, and to furniſh the Army, or any part thereof
in Expeditions into any part of the Province, or where they ſhall go
for payment upon ſuch reaſonable Prices as ſhall be agreed upon:
“ And likewiſe that Powder, Bullet and Match, be ſufficiently provided
“ for at leaſt 6000 Musketeers, and 24 or 30 Piece of good Ordnance,
« and that there be Gun-Smiths, and ingenious Carpenters ſent thither,
" for the mending of Guns and Carriages, and ſuch like, one Ingineer or
two to attend our Army, and that ſome hand-Mills be provided for
“ the Companies in Marches.
(3.) That Horſes be provided for the Baggage of the Army and
“ Train of Artillery, and Carriages for Carriage of Bread and other Pro-
« viſions for the Mouth, and that to make Draggooners, every 100 Men
“have 10 Horſes appointed for them.
(4.) “That the Inhabitants of any, Towns or Villages in any Pro-
vince where our Army ſhall be for the Time, be appointed to receive
Orders from our Commanders, and to bring in Victuals for Money in
an Orderly Way, as ſhall be directed by them, with Proviſions of Oats,
Hay and Straw, and ſuch other Neceſſaries, and that when it ſhall be
found, for the good of the Service, the Country People which are
not levied in Regiments, be ordained to riſe, and concur with our
Troops, and receive Commands and Directions from our Comman-
(5.) That the Troops of the Kingdom of Scotland, go in the Way
and Order of an Army under their own General, and Subaltern Offi-
cers, and that they have a Circle or Province appointed them, which
they ſhall fall upon, and aſſail, wherein they ſhall proſecute the War,
as in their own Judgment they ſhall think Expedient, for the Honor
of the King and Crown of England, and that they have Power, to give
Conditions
ac
C
1
00
}
" ders.
*-
C
C
1,
I
5
.
+
!
111
1
CC
cc
(C
from the Scotch Rebellion to the King's Murther. 783
« Conditions to Towns, Caſtles and Perſons, which ſhall render and Decemb.
“ ſubmit themſelves, as they ſhall find for the good of the Service 1641.
wherein they are imployed; which they ſhall oblige themſelves faith
fully to do and perform to the uttermoſt of their Power, and ſhall be
anſwerable to his Majeſty, and the Parliament of England, for their
“ whole deportment and Proceedings, whereof they ſhall from time to
“ time give them an Account. That ſuch Towns and Places, as Niall be
recovered from the Rebels by our Army, be at the diſpoſing of our
Commanders, during their aboad there; and when it ſhall pleaſe God,
" that the Rebellion thall be ſuppreſſed, in the Circle aſſigned to our
Army, they ſhall be ready to do Service in any other place which ſhall
be appointed to them. And if it ſhall be found for the good of the
Service, that our Army joyn with the King's Lieutenant, and his Ar-
iny;
that our General ſhall only * Cede to the King's Lieutenant of * Give Place.
Ireland, and receive in a Free and Honorable Way, Inſtructions from
him, or in his abſence from the Lord Deputy, or any other who ſhall
have the Government of that Kingdom by authority derived from the
Crown of England; and ſhall precede all others, and only give Orders
to the Officers of his own Army; and that the Armies, the Right and
« the Left hand, Van and Rear, Charge and Retreat ſucceſſively, and
6 mix not in quartering nor marching ; And if it ſhall be found fit to
“ fend Troops out of either Army, that the Perſons to be ſent out of our
Army be appointed by their own General, the Lieutenant of Ireland,
preſcribing the Number which ſhall not Exceed
the fourth part of our
Army, whereunto they ſhall return after the Service is done : And
" that no Officers of Ours be commanded by one of his own Quality;
and if the Commanders of the Troops ſo ſent out of either Army be
“ of one Quality, that they' Command the Party by turns.
(6.) “ That our Army be aſſured of three Months Pay to be put in
« the hands of the Treaſurers and Commiſſaries appointed by us at their
Rendezvouz in Ireland, and that before that time expire, there be a
6. Months Pay put in their hands, and ſo from Month to Month; and
" that in this our Brethren of England may be put to no more charge
" then is juſt and neceſſary, and that it may appear that we offer our
Aſliſtance for Love only, We do deſire, that there may be a Muſter-
Maſter appointed to make ſtrict and frequent Muſter of our Troops,
" and that their ways be fo looked unto, that they make no ſuch un-
“ lawful advantages.
CC
1
है
1
1
(C
;
1
CC
(7.)“ Seeing we have voluntarily and freely made offer of our
Forces to this Service and to tranſport them to Ireland, upon our own
Charges, and will be ſubject to all Hazards which may follow thereup-
on, and will have the fame Friends and Enemies with England in this
Employment, and muſt therein ſtand and fall with them, We expect
and deſire that the King and State of England will take us into the
farne conſideration, and Reward our Service with the like Honours,
Recompences, and Plantations, as they ſhall do the 'Engliſh or Iriſh
who shall deſerve well in this Buſineſs, for if we ſhall with the ‘Ha-
zard of our Lives do good Service to his Majeſty and the Crown of
England, it is moſt agreeable
toReaſon, that we be ſharers of the Fruits
of
our Pains, the perſons ſo rewarded being always tyed to the fame
Vol. II.
Hhhhh
Conditions,
CC
7
CC
។
3
1
W
(G
11
1
1
Letters from
Ireland.
1
Tumalrs.
784 An Impartial Colle&tion of all the memorable Events
Decemb. Conditions, and being ſubject to his Majeſty and Crown of England,
1 641. as the Engliſh are and ſhall be.
Sic Subſcribitur.
Ja. Primroſe.
Whereupon it was Ordered,That the Propoſitions be debated to Morrow.
Then Letters from the Lords Juſtices of Ireland were read, the Con-
tents whereof was, That they underſtand that there are Ships laden with
Armes,and Ammunition at Dunkirk to be carried to the Rebels in Ireland,
and that the Rebels are on both ſides of Tredagh, which makes that Town
in great want for Viłtuals.
The Lord Admiral acquainted alſo the Houſe that he had received In-
formation of 4 Ships that are at Dunkirk with Arms,and thatMen are pro-
viding there to be Shipped for Ireland, Whereupon it was Ordered,That his
Lordſhip be deſired by the next Pacquet-Boat that goes for thoſe parts to
Send over fome diſcreet Man to give true Information of the Preparations
there.
The Commons having by a Meſſage acquainted the Lords, that they
are willing to joyn with them in ſearching into the buſineſs about the
Lord Newport, and to Petition his Majeſty to diſcover who informed him;
the Lords reſolved to joyn with them in it, and the Lords appointed to
draw heads for the Conference were appointed to joyn with a proporti-
onate number of Commons to make a draught of a Petition to be pre-
ſented to his Majeſty aboạt this Buſineſs.
The Gentleman Vlher was ſent again to the People gathered together
about the Parliament Houſes, and was to let them know, That this
Houſe diſlikes iheir coming in ſuch Multitudes, and Commands them to be
gone, and if they have received
injury or hurt by any body, if they repreſent
their Names to this Houſe,their Lordſhips will ſee that Fuſtice be done.
But this would not do, the Lords were no terror to them ſo long as
they were aſſured of the favour of the Factious Party of the Commons.
A Meſſage was therefore ſent to the Commons for a Conference con-
cerning the Tumults, upon theſe Heads,
(1.) To deſire the Houſe of Commons to joyn with this Houſe in a
Declaration to be Printed and Publiſhed, of their diſlike of the Alem-
bling of the People in ſuch Companies, and diſorders about the Houſes of
Parliament.
(2.) To joyn with them in a Petition to his Majeſty, that the Houſes
of Parliament may have a Guard.
But the Faction of the Commons had other imployment for theſe
the Fađion of Tumults,and were ſo far from thinking fit to diſcourage them, that ſome
the Commons. of theſe inſolent People being laid hold on, and Committed to the Gate-
houſe, their Friends in the Commons Houſe receiving quick advertiſe-
ment of it, immediately diſpatched Sir Robert Pye, Mr. Wheeler, and
Mr. Glyn to inquire upon what Grounds thoſe Citizens are committed
to the Gate-houſe and by whoſe Authority, and to diſcharge them if they
ſhall ſee Cauſe.
And when this Conference was reported by Mr. Hollis, they were
not at leiſure to conſider of it that night, it was too late, and therefore it
was deferred till the next day.; and the next day when it was moved,
the Queſtion being put whether the Queſtion ſhall be put at this pre-
fent concerning the joyning with the Lords in a Declaration as is deſired,
:
Favoured by
>
+
it
+
1,
ܪ
from the Scotch Rebellion to ibe King's Murtber: 935
it paſt in the Negative,they being it ſeems ſo unwilling to diſablige the Decemb.
Rabble, that they would not ſo much as permit the Queſtion to be put 164'1.
concerning it ; and it is eaſie to conjecture with what courage this in -1
ſpired thoſe Rude and Infolent People, Porters, Watermen,&c. when they
ſaw themſelves out of the reach of the Law, the only thing thoſe mean
and ſordid ſpirits are capable of being kept in order with, and that they
had nothing to fear,when their Guardians of the Commons Houſe would
not ſuffer the tendereſt part of the Law, a Proclamation to be awarded
againſt them.
Sir Thomas Barrington this day Reported in the Houſe of Commons E. of Newpore
That according to the Command of the Houſe, not being alle to meet with diſcharged
the Conſtable of the Tower, he wrote a Letter unto him ; that yeſterday Conſtable of
he came to him and told him, that. his Majeſty was pleaſed 10 diſcharge the Tower.
him of the Conſtableſhip of the Tower, and to tell him he
did it lecauſe it
was cauſe of Jealouſie.
The Reader will from hence gain a clear Light into the Myſtery of all
this Buſtle about the Scandal which took up ſo great a part of this and
the following Days Debate, and will eaſily perceive the diſpleaſure of
this Lords being diſplaced, raiſed all this Duit, which however blanch-
ed as a Scandal upon him and others, yet is ſo like the ſayings of fome
in that Company at Kenſington, that one can difficultly be perſwaded to
believe, but that with all this Smoak there was ſomeFire,& that the King
ſpake what he did upon good aſſurance, but that ſuch was the Fury and
Violence of the headſtrong Faction, that to have produced any Witneſs
in a matter which concerned them ſo nearly, and would have expoſed
their Deſigns, would have been to have thrown a Man into a Den of
half ſtarved Lyons, and it had been impoſſible to have eſcaped their
fury without the help of Daniels Miracle in the Sacred Story.
The Lord Dillon and Col. Taaf having by Order of the Houſe been Dillon and
taken into Cuſtody, their Papers were ſearched, and ordered by a Com- | Impriſoned.
mittee to be peruſed, and they to remain in Cuſtody till the Houſe takes
further Order therein.
It was alſo Ordered, That Col. Lunsford be ſummoned to attend this Lunsford fum-
Houſe to morrow morning at 10 of the Clock, and that Mr. Thraile be re- Commons
quired to be here at the Jame time, as alſo Capt. Hide, Capt. Scrimſhire, Houſe.
Mr. Butler, Mr. Brooks and Mr. Moore, and that the Citizens who gave
the Information at the Bar againſt Colonel Lurs!ord, be required to be
here at the ſame time. The Reader may here ſee the terrible Army
under Colonel Lunsford, which frighted the Citizens, as they pretend-
ed in Excuſe to the Lords, that they durſt not go through Weſtminſter-
Hall.
A Committec was appointed to joyn with the Lords, to draw the committee
Petition concerning the Lord Newport. viz. Sir Henry Vane, Senior, for the Peciti.
Mr. Glyn, Sir Edward Hungerford, Sir Gilbert Gerrard, Sir John Culpe- L. Newport
.
per, Sir Thomas Barrington, Sir Philip Stapleton, Sir Robert Cooke, Mr.
Strode, Mr. Long, Sir Benjamin Rudyard and Mr. Hollis.
The Tumults as the Reader may have obſerved, begun now to be Tueſday,
Decemb. 28.
Frequent, Dangerous and Inſolent, which occaſioned his Majeſty this
Day to Iſſue out his Royal Proclamation againſt them, as followeth.
1
Vol. II.
H h hh h 2
By
786 An Impartial Collection of all the memorable Events
Decemb.
1 641.
.
A Proclamati.
on againſt Tu-
mulcs.
H
By the King
Is Majelty taking into his Princely Conüderation, the mani-
folo Inconveniencies and Miſchiefs that may ariſe and hap-
pell, by the Riotous and Tumultuous allemblies, in and about the
Eities of London and Weſtminſter, not only to the violation of Dis
Şajeſties Peace, and scandal of Hovernment, but to the Diſtur-
vance of his poules of Parliament now aſſembled, doth ftrialy
Charge and Command, all the Inhabitants of bis Cities of Lon-
don and Weſtminſter, and the Liberties thereof, and alſo of the Sud-
urbs, and Confines of the ſaid Cities and places adjoyning, that
upo na Dccaſion, they do not affemble themſelves, in any filmul-
tuous of Riotous manner, in any Part 02 Place, in oy near the laid
Cities 02 Liberties, and that all Perlons now allembled in any
Numbers, without his Majeſties Authoity, do fožthwith tipon Pub-
lifying this His Majeſties Poclaination, diſſolve their Afſemblies and
Companies, and repair to their Dwellings, or Places of aboad, upon
their Perils of veinis proceeded againſt, as Cliolaters of the Publick
Peace of this his Yajeſties Kingdom, and of being puniſhed accold-
ing to the severity of the Laws and Statutes of the ſame.
Given at Our Court at White-Hall, this 28th day of December, in
the Seventeenth Year of Our Reign.
God ſave the King.
The King to
be moved for
2 Monthly Faſt
for Ireland.
Faſt may
The Lord Keeper was this Day ordered to wait on the King, and
move his Majeſty from both Houſes of Parliament, thar a Monthly
be kept throughout the whole Kingdom, during the Troubles
of Ireland, and that his Majeſty will be pleaſed, that a Proclamation
may iſſue forth for this purpoſe; and likewiſe for the keeping of the
2oth of January next as a Faſt throughout the whole Kingdom, except
London and Weſtminster, where it hath been already Solemnized.
Then the Lord Admiral reported the draught of the Petition drawn
up
by the Committee of both Houſes in the Kenſington buſineſs, which was
read as follows.
F
To the King's moft Excellent Majeſty,
The Humble Petition of the Lords and Commons in this preſent
Parliament Aſſembled.
W
L.
The Pecition
of the Lords
and Commons
about the
Kenſington
buſineſs.
Hereas, during Your Majeſties 'laſt being in Scotland, the Queens
Majeſty received Information, that at a meeting in Kenſington,
where the Earl of Eſſex, the Earl of Newport, and Lord Viſcount Say
and Seal, the Lord Mandevile, the Lord Wharton, Members of the Lord's
Houſe ; the Lord Dungaruen, Mr. Nathanael Fiennes, Sir John Clot-
worthy, and Mr. John Pym, Members of the Houſe of Commons were
preſent, upon a Diſcourſe of ſome Plots, that ſhould be done in this King-
dom or in Scotland, the Earl of Newport should ſay, If there be ſuch a
Plot, yet here are his Wife and Children, inſinuating the ſame to ſignifie,
that the Perſon of her Majeſty and her Children ſhould be ſeized upon.
And whereas Tour Majeſty upon Friday laſt, was pleaſed to demand of the
Earl
.
from the Scotch Rebellion to the King's Murther
. 287
Earl of Newport, whether his Lordſhip beard any Debate at Kenſing-1 Décemb.
ton about ſeizing upon the Queen and her Children,which when his Lordſhip | 1641.
had denied, with many ånd deep Alleverations Tour Majeſty replied again,
That he was to tell Tour Majeſty no more then you knew alreadys and there-
fore ſhould conſider well ivhat he ſhould Anſwer ; and his Lordſhip de-
nying it the ſecond time, Tour Majeſty parting from him, replied, you were
ſorry for his ill Memory, ſeeming thereby to give Credit to that Informa-
tion; which Information and Report, tend not only to the great ſcandal
of the Members of both Houſes of Parliament before named, but expreß
an endeavor to ſtir up fealouſies, and work a Diviſion between Tour Ma-
jeſty and the Parliament.
It is therefore the humble and inſtant deſire of the Lords and Commons
in this Parliament, That Your Majeſty will be pleaſed to declare; who was
the Reporter or Reporters of thoſe Words pretended to be Spoken at Ken-
ſington by the Earl of Newport. And that Tour Majeſty will be pleaſed
likewiſe to move her Majeſty to diſcover who acquainted her therewith.
And this, as Tour greateſt, and moſt faithful Council, they adviſe Tour
Majeſty to perform (the Exigency of the Affairs of both Kingdoms being
ſuch as neceſsarily require a ſudden Remedy ) which cannot expect any
poſſibility of ſucceſs without a right Underſtanding between Tour Majeſty
and the Parliament, the only way for effecting liereaf, is, by the preſent
diſcovery and removal of ill Counſellors, and falſe Informers, which to our
great Grief, we have by Experience found to be too frequent and aftize in
theſe Dangerous Times.
lunreers for
Ireland.
After the Reading whereof, it was Ordered, That this Houſe agrees,
that this Petition be preſented to the King : And the Lord Admiral,
Earl of Bath, and Earl of Holland, were appointed to wait on the King,
to know when the Select Committees of both Houſes Mall attend him to
preſent the aforeſaid Petition: Who being returned, brought Anſwer,
That His Majeſty hath appointed them to attend him, for this purpoſe, to
morrow in the Afternoon, at One of the clock at White-Hall.
The Lord Chamberlain ſignified to this Houſe, That the king had Meſſage from
commanded him to let the Parliament know, that His Majeſty will farniſh the Lorás con-
10000 Engliſh Volunteers, if the Houſe of Commons will undertake to pay cerning Vo-
them.
Upon a Debate this day, the Reaſon of which the Reader will meet
hereafter, it was Reſolved upon the Queſtion, That this Parliament is at
this preſent a free Parliament.
In the Commons Houſe Mr. Pym Reported an Order from the Com-
mittee of the Navy, in theſe Words.
It is this day Ordered by the Commons Houſe of Parliament, That the Order of the
Committee for the Navy, where șir Jolin Culpeper has the Chair, Jhall Commons
Examine why the 55000 l. Ordered in Auguſt laſt by both Houſes for Navy.
ſupply of the Navy, out of the last Bill of Tonnage and Poundage, bath
not been accordingly performed ; and having found out the Obſtructions
therein, Mall preſent the ſame to this Houſe with all convenient Speed,
together with their opinions what is fitteſt to be done thereupon, and they
are further to Examine what Monie's are likely to come in upon the
ſent Bill of Tonnage and Poundage, during the time it is granted, and to
report it to this Houſe. That the Ordinary and Extraordinary Charge
of the Navy for the Tear 1642, may be provided for out of the ſame. It
pre-
A
is
وا
1
.
1
+
788 An Impartial Collection of all the memorable Events
Decemb. is further Ordered, That in caſe the Mony arifing out of the laſt Bill of
16 41. Tonnage and Poundage ſhall not be found ſufficient, to diſcharge the above-
Said Sum of 55000 1. that then, what ſhall be wanting thereof ſhall be
forthwith paid to the Treaſurers of the Navy, out of the Monies coming
in upon the preſent Bill of Tonnage and Poundage. It is alſo Ordered,
That the Sum of 2058 1. 10 s. Mhall be paid out of the Monies payable by
virtue of the aforeſaid Bill, to the Officers of the Ordnance, for the Ex-
pences in their Office, for the ſetting out of the laſt Summers Fleet, accor-
ding to the Engagement of this Houſe.
It is further the Opinion of the Committee, that in the Caſe of Sir
Henry Vane junior, concerning the Office of the Treaſurer of the Navy,
That this Houſe do declare, that they will take that into conſideration,
when they ſhall conſider of the paſſing the next Bill for the Subſidy of
Tonnage and Poundage.
This Order being read, was Voted, and upon the Queſtion Aſſented
unto,
It may be remembred what flouriſhing Speeches Mr. Speaker had
formerly made to the King upon the tendring of the Bills for Tonnage
and Poundage to his Majeſty for the Royal Affent, which yet by this
Order appear to have been ſuch meer Complements, that the King
was not ſo much as a Truſtee for the Publick, but the Money raiſed
in his Name, and by his Authority, was to be wholly managed by their
Order: And Sir Henry Vane for the kindneſs done them in the Earl
of Strafford's Caſe, muſt be ſure to be remembred for a beneficial Of-
fice; as in truth, if in any thing they acted generouſly and wiſely, it
was in obliging their Friends by Rewards, and diſcouraging their Ene-
mies by puniſhments, the two Methods which Govern the World, and
which all great Men and great Undertakers, lave ever by Experience
found to be the certain Supporters of their Deſigns and Enterprizes.
Wedneſday,
The Tumults began now to be ſo horrible Infolent by the Counte-
Decemb. 29.
nance they received from the Faction of the Houſe of Commons, and
particularly from their great Patron Pym, who publickly at a Confe-
rence ſaid, God forbid the Houſe of Commons ſhould proceed in any way
to diſhearten people to obtain their juſt deſires ; that they not only ran
by Troops down to Weſtminſter to cry, No Biſhop, but as they paſſed
by White-Hall
, they cried, They would have no Porter's Lodge, but
would come to ſpeak to the King themſelves, without Controul, and at their
own Diſcretion.
The Houſe of Lords hereupon fent for the Sheriffs of London and
Middleſex to attend their Lardſhips, who being called in, and being
asked, Why they have not obſerved the King's Writ, in ſuppreſſing and
preventing of Tumults and Routs : They Anſwered, That the fuftices of
the Peace for Middleſex opened the Writ, and granted out Warrants to
the Conſtables, who fent Guards to the Houſes of Parliament ; and ироп
this, they were Queſtioned by the Houſe of Commons, and the Guards
were diſmiſſed : And they might have added, that Juſtice Long for
liis diligence in this matter was committed Priſoner to the Tower.
Hercupon the Judges were ordered to withdraw,and take into conſide-
deavor to fup- ration what is fit to be done,to diſperſe and prevent Multitudes of People
Allembling hit her; which they did, and returned their Opinions, That the
beſt way to ſuppreſs Tumultsis to put in Execution the Statute of 13 H. 4.
Cap.7. But this not being thoughtfufficient,the Judges were again appoint-
ed to conſider what is the VſualPractice in other Courts for preventing of
Tumults
:
Tumults.
}
The Lords en-
preſs tlic Tua
mulis.
1
L
VE
h
from the Scotch Rebellion to the King's Murther. 789
Tumults and Routs. To which they returned Anſwer, That it is vfual | Decemb.
at Alizes for the Sheriff of the County to attend all the while with a com-
i 64 8.
petent Number of Men. Hereupon it was Ordered, That the Under-She-
riff of Middleſex, and two of the Justices of the Peace for Weſtminſter,
Mall hereafter attend this Houfe de die in diem, and receive the Directia
onts of the Houſe for the preventing and ſuppreſſing of Riots and Tumults
hereafter. But their Lordſhips did but all this while work againſt Wind
and Tide, the Factious Commons had occaſion for Tumults, and, Tu-
mults were reſolved to have for their occaſions in deſpight of the Lords
or the Laws either.
The Lords and Commons who were appointed to preſent the Petition
about tlié Earl of Newport, did it this day, to whom the King returned
this Anſwer for the preſent, That he will put his Anſwer in Writing, and
Vend it to the Houſe.
Then the Lord Chamberlain delivered this Meſſage to the Houſe by A Meſſage
Command from the King, That his Majeſty being very ſenſible of the from the King
great Miſeries and Diſtreſſes of his Subjects in His Kingdom of Ireland, ing Volunteers
which daily increaſe ſo faſt, and the Blood which hath already been ſpilt by for Ireland.
the Cruelty and Barbarouſneſs of thoſe Rebels crying out ſo loud, and per-
ceiving how ſlow the Succours deſigned thither go on, His Majeſty thought fit
to let their Lordſhips know, and deſires Tou to acquaint the Houſe of Com-
mons therewith, That His Majeſty will take Care that by Commiſion which
he ſhall grant, 10000 Engliſh Volunteers ſhall be speedily raiſed for that
Service, if the Houſe of Commons ſhall declare that they will
pay
them.
Which was ordered to be communicated to the Commons ať à Cònfe-
1
rence.
*
Nor was it the Rabble only that was unruly, tlie Pulpit now under Knowles and
the Protection of the Faction began to break looſe, and thoſe amphibious Grey, 2 Sedi-
Church Hypocrites, who had no manner of Love for the Church,Except ordered by
the Revenue, nor any Honor for the King but what was owing to Fear, the Lords to
begaña to animate the People to Sedition, under the Cloak of Reforma be proſecuted.
tion ;* as will appear by this Order of the Lords following.
Ordered, That Mr. Knowles and Mr. Grey who have lately Preached
Seditious Sermons in the City of London, ſkall be proceeded againſt by his
Majeſties Attorney General according to Law.
Then a Meſſage was brought from the Houſe of Commons by Mr. Meſſage from
Hollis, to let their Lordſhips know, That the Houſe of Commons have the Commons
taken into their conſideration Two Propoſitions lately ſent to them from Declaration to
their Lordſhips. And the Houſe of Commons fay, Concerning the Propoſ- fuppreſs Tu-
tion in general for preventing of Tumults and Routs, they will agree to mules
, and a
all good
and lawful Wayes, as their Loralſhips ſhall think fit for the
Safety
of the Parliament
; but for Printing of a particular Declaration the Houſe
of Commons ſay, They have entred into Debate thereof, and they find it to
be a thing of that great Confideration, as will require time to conſider of
it.
Concerning the Propoſition, That the Parliament may have a Guard, the
Houſe of Commons agree thereunto, ſo it be ſuch as the Parliament approve
of, and that it be Commanded by the Earl of Eſſex.
Further, the Houſe of Commons deſired their Lordſhips would ſpee-
dily paſs the two Bills for Preſling Marriners, and Soldiers for Ireland,
without which they conceive Ireland cannot be ſaved.
I have often hinted before the great Ground that there was to believe
that theſe Tumults were encouraged and promoted by the Faction; and
that
?
!
1
1
1
t
.
790 An Impartial Collection of all the memorable Events
Decemb. that I may not ſeem to write this as a conjecture, I have had the good
1 641. Fortune to meet among ſome of the Old Papers of thoſe Times in the
Clerk of the Parliaments Office, by the Aſſiſtance of my Worthy Friend
William Goldesborough Clerk of the Parliament, that which will remain
as a ſufficient Teſtimony to Poſterity, of the truth of this Matter ; for
Sir John Strangeways upon the 24th of November, delivered in this In-
formation,
is
•
Informations
that the Mem-
bers of Parlia.
ment occafi-
oned the Tu.
mults.
A
:
i
Mr. Speaker,
N Information was given unto me of a deſign and attempt to haze
been made upon this Houſe, which if I miſtake not, comes near to
High Treaſon; but that I muſt ſubmit to your Fudgment. It doth
aſperſe in general fome Members of this Houſe, but indefinitely, without
naming of any, for conſenting unto it, if not for contriving of it. The Infor-
mation was as follows.
A brief of the diſcourſe, that paſſed between one Cole an Apprentice 10
one Mr. Mansfield a Haberdaſher in Diſtaff-Lane, and John Michaelſon,
upox Wedneſday the 24th of November, 1641. between 9 and 10 of the
Clock at Night, in the hearing of Stephen Terret, Uncle to the ſaid Cole,
and John Derivall
, both Inhabitants in Chelmsford.
The ſaid Cole, a luſty Toung man, came into the Chamber of the ſaid
John Michaelſon at the Spread Eagle in Gracious Street, and without
any
demand or provocation, did freely confeſ in a boaſting manner, That
he was but then newly come from the Pallace-Tard in Weſtminſter, where
he with a Thouſand more had been that Evening, all armed with Swords ;
the ſaid J. Michaelſon asked him the Reaſon why they would, or how they
durſt adventure in that unlawful way to gather themſelves together, to put
Fears and Jealouſes in the Parliament, and told him it was not allowable
by the Laws of God or of the Land; and asked him what Warrant they
had for this diſorderly act : He anſwered, That they were ſent for by fome
Parliament-men. I asked him, What ground be had for what he ſaid
He told me his Maſter was a Constable, who gave him a Sword, and bad
him go ; and he believed that the Maſters of the other Apprentices that
were with bim, gave them the like Directions, and that they would not
have done ſo, unleſs Some Warrani or Direction had come from ſome Parlia-
ment-men. I asked him to what End they went ? He anſwered, That they
heard there was a diviſion in the Lower Houſe, and that ehe best affected
Party was like to be over-powered by the other, and their direction and
intentions was to aſſiſt them, when they ſhould be call’d for: but finding that
they agreed well and came peaceably away together, he and his Fellows came
quietly away.
* John Michaelſon.
* This Micha.
elſon was a Dr.
in Divinity. But Mr. Kirton gave in an Information more particularly as fol-
lows:
Edneſday 24th of November, Mr.Lavender's Man came in the
Evening to one Farlow's Houſe in Woodſtreet, where his Maſter
with other Company, was taking Tobacco, and told him that Captain Ven
had ſent for him preſently, to repair to Weſtminſter with his Arms, for
there was an Uprore in the Parliament Honſe, and Swords drawn in the
Parliament!
.
-.
't
:
-?
1
1
។ 1
+
from the Scotch Rebellion to the King's Muriber.
79!
Parliament Houſe ; whereupon the ſaid Lavender ſuddenly went away; and, Decemb:
threw his Pipe on the Table, and the Company rzas much amazed:
Mr. Laurence Ruddyard,
P. Bradfiawe.
Mr. Færlow of Cambridg,
Mr. Farlow of Wood-Street.
16 41:
1
+
(
After this, a Meſſage was brought from the Gommons by Sir Philip
A Meltage
Stapleton Knight, to let their Lordſhips know, That the Houſe of Com- from the Cóm
mons finds by common Fame, that it hath been ſaid in this Houſe, by the mons con-
Lord Digby, and offered to be juſtified by him, That the Horiſe of Commons coming the
have invaded the Priviledges of the Lords Houſe, and the Liberty of the
Subject; and that he did likewiſe ſay in this Houſe, This was no free Par-
liament: the Houſe of Commors deſires, That if thoſe Words have been spo.
ken by him, that Right may be done to the Commons of England, againſt the
Lord Digby, and that if no ſuch Words were ſpoken by bim, That then a
Declaration may be ſet forth to acquit the Houſe of Commons of that Scan-
dal
The Conſideration of the Words in the ſaid Meſſage, were referred
to the Committee appointed to keep a good Correſpondency between
the two Houſes. From this Meſſage the Reader may obſerve the Rea-
ſon of the Vote laſt Night, concerning this being a free Parliament, and
how quick Intelligence the Commons had of particular Perſons and
Things, that at that time paſſed in the Houſe of Lords; they had long
had a dormant Pique againſt the Lord Digby, for his franck Expreſſions
in the Speech he made concerning the bill of Attainder of the Earl of
Strafford, and the Revenge of the Party Slept, as old Pliny faith Lions
do, with their Eyes open, to watch the moſt convenient opportunity
for Execution.
A Meſſage was brought from the Houſe of Commons by Mr. Jepſon,
to deſire a preſent Conference by a Committee of both Houſes, if it may
ſtand with their Lordſhips convenience concerning Ireland ; which
Conference was thus reported by the Lord Keeper.
The Houſe of Commons expreſſed the great danger, that the Province of Lord Keeper's
Munſter is in, and the ill Conſequence that may come to that Kingdom, if Report of the
the Rebels ſhould gain it. The Houſe of Commons therefore preſent theſe conference
Propoſitions to their Lordſhips, and deſire they would joyn with them in
it.
concerning
Then the Propoſitions were read, being certain Votes of the Com Ireland.
comb.2ģ. 1641.
mons.
(1) Reſolved upon the Queſtion, That there shall be forthwith ſent
from hence 1500 Muskets, and 500 Corſlets to Briſtol, to be with all ſpeed
Transported to Youghall in Munſter, to be diſpoſed of by the Preſident
there, for the Defence and Security of that Province.
(2) That a proportionable Proviſion of Match and Bullet, be made and
provided for the Relief of the Province of Munſter, and the Bullets to be
provided at Briſtol.
(3) That 10 Lafts of Powder be forthwith ſpeeded by Carts to Briſtol
for Youghall
.
(4) That two Regiments of 1000 Foot in a Regiment, be forthwith rai-
sed for Volunteers, out of the Weſtern Countries, and that the Colonels
may
be contracted with at 30 s. for every Soldier, for the railing and tranſporting
them into Munſter.
VOL. II.
Iiiii
(5) That
i
Commons
1
I
7
:
!
792 An Impartial Colle&tion of all the memorable Events
i
A
4
*
I
i
i
I 64.I.
(5). That their Entertainment may be the ſame, that the Fouſe hath
Decemb. allowed for other Officers, and that they may be Mustered at their Landing
in Munſter, and that the Officers Pay then begin.
(6.) That Arms and Munition may be ſent from hence for thoſe 2 Regi-
ments, and that Sir Charles Vavaſor be required to halten the railing of
his 500 Men appointed by the Houſe for Munſter.
(7.) That the Lords be deſired to joyn with the Houſe herein,That his
Majeſty may be moved from both Houſes for the Arms and Munition.
(8.) That 2 Ships about 200 Tun apiece, Rigged and provided as
Men of War, may be hired at Briſtol for the preſent Guarding of the
Coaſts of Munſter, and to Tranſport Men, Arms and Munition from
bеnсе.
(9.). It is likewiſe Ordered, That Levy-Mony ſhall be allowed to the
Lord Inchequin and Mr. Jepſon, for the Raiſing 2 Troops of. Horſe, each
of them conſiſting of 100 Men, after tke Rate of 10l. a Horſe; and that
Arms ſhall be provided both for the aforeſaid 2 Troops, and likewiſe for a
third of.. 100 Men to be Raiſed and Commanded by Sir William Court-
ney;
all which 3 Troops are to be Payed by the Province of Munſter, ac-
cording to the Rate allowed to other Troops in the Iriſh Army.
(10.) It is deſired, That the Lords would joyn with this Houſe to
move his Majeſty to Grant a general Warrant to the Earl of Newport for
the iſuing of ſuch Arms and Ammunition from time to time, as ſhall be
thought fit by both Houſes of Parliament, the King being made acquaint-
ed therewith. And likewiſe to move his Majeſty to grant a General War-
rant to the Lord Lieutenant of Ireland for the tranſporting from time to
time ſuch Men, Horſe, and Ammunition, as ſhall be thought fit by the
King and Parliament.
Then the Sheriffs of Middleſex and London, and ſome of the Juſtices
of London and of the Peace for Weſtminſter were called in and the Statute of H.
4.
Middleſex, and
Justices of c. 7. Was read unto them, and they were commanded to do their Duty
speltminſter, or- according to this Statute now read, at their own Perils
, and if they
dered to fup. doubted of any thing, then they are to reſort to this Houſe for advice
and directions therein.
The Lords did what lay in their power to repreſs the Inſolence of the
Rabble, but it was to no manner of purpoſe, for this very day a Roll
of Apprentices, with one Barnardiston in the head of them in a mena-
cing and inſulting Tumult Marched down to Weſtminſter, and ſome;
ſcuffling there was about the very Gates at White-hall; and the Sheriffs
of Londin and Middleſex having drawn together ſuch a Guard as they
Tumulus ſud-
ported and could, ſeized ſome of them, and committed them to Priſon, and the
encouraged Houſe of Commons being informed thereof, immediately It was Or-
by the Com- dered, That Sir Robert Pye, Mr. Laurence Whittaker, Mr. Wheeler,
and Mr. Alderman Pennington, do call the Officers and ſuch others unto
them that have committed ſome Apprentices, and examine the Grounds of
their Commitment, and by whoſe Authority they were committed, and
Report them to the Houſe. And Mr. Hollis was poſted up to the Lords
with a Meſſage to let their Lordſhips know, That the Houſe of Com-
mons have received information of great diſorders;committed between this:
Houſe, and Charing-Croſs
, that certain perſons in the Habit of Gentle-
men. who are reported to be officers in the late Engliſh Army, and are now:
in Whitehall, or ſome places thereabouts, back'd, and countenanced by:a.
Guard of the Trained-Bands attending about 'Whitehall
, do Ijue out.in
'Numbers, and affault the Kings Subjects, going and returning inople
Kings
The Sheriffs
1-3
mules.
+
1
mons.
1
:
|
5
A
L 64,
T
1
from the Scotch Rebellion to the King's Mutber. 793
Kings Peace to and from the Parliament, offering to them as they are tre- Decemb:
dibly informed no Offence at all, and 20, or 30 of them fore wounded.
This the Houſe of Commons conceive to be a true Violation of the
Liberty of the Subject, and an affront to the Parliament, and will in
the end ſtrike Aw and Terror into the Parliament, if not prevented by
the Wiſdom of your Lordſhips and the Houſe of Commons.
The Houſe of Commons are likewiſe informed by a Member of their
Houſe, That he going from the Houſe to his Lodging, through the
Church-Yard, found there a Guard of Soldiers, and inquiring of them,
by whoſe command they were there, they anſwered by the Lord Arch-
Biſhop of Tork's : If this be to be ſuffered, to have Guards ſet about the
Parliament in this manner, to the Terror and affray of the People, the
Houſe of Commons ſubmit it to your Lordſhips judgment, and there-
fore to prevent all inconveniencies, the Houſe of Commons deſire to
have a Guard, otherwiſe there will follow certain Miſchief in the end,
which the Houſe of Commons foreſeeing do give your Lordſhips time-
ly warning, that if it happen they may clear themſelves to all the
World.
Therefore, that we may ſtill be a free Parliament, he faid he was
Commanded to deſire their Lordſhips, That according to their own Pro-
poſition, and upon ſuch conditions as the Houſe of Commons conſented
to, that your Lordſhips will preſently joyn with the Houſe of Commons
in an humble Petition to his Majeſty, that the Parliament may have
a Guard, and ſuch a one as may be approved by both Houſes of Parliament,
and to be Commanded by the Earl of Eſſex.
Then the Lords taking this Meſſage into Conſideration, after a long
debate, this Queſtion was put: Whether this Houſe will joyn with the
Houſe of Commons, in an humble Petition to his Majeſty, to deſire that
the Parliament may have a Guard, and ſuch a one as may be approved of
by both Houſes, and to be Commanded by the Earl of EíTex. And it was
Reſolved Negatively:
Beſides what hath before been taken notice of in the Conferênces Vote to re-
with the Lords, there paſſed a Vote, That the Matters this day debated, move the E.
concerning the removal of the Earl of Briſtol from the King and Council
, the King and
be referred to a Committee, to prepare and preſent it to the Houſe. Council.
The Kings Meſſage concerning the 10000 Engliſh Volunteers, was
alſo Communicated to the Commons at a Conference, but they took no
notice of it.
The Houſe debated the Obſtructions, which hindred the ſpeedy re- Committee
.
lief of Ireland, and Mr. Hollis, Mr. Pym, Mr. Strode, Sir Edm. Mont- for a Declara-
fort, Mr. Glyn, Sir Philip Stapleton, Mr. Martin, Sir John Hotham and son concern-
Sir Fohn Culpeper were appointed a Committee, to prepare a Declarati- ftru&ions id
on, upon the heads this day, propounded here, concerning the Ob-relieving
ſtructions in the Affairs of Ireland, and the Cauſes thereof, and preſent
it to the Houſe. Though truly who ever reads the Kings laſt Meſſage
concerning the Volunteers, may find without the help of this Declarati-
on, that the Committee themſelves and their Faction in the Houſe,
were the only Obſtruction in this Affair. And for all their ſeeming
Zeal, yet this Rebellion in Ireland, was ſuch a neceſſary handle to their
preſent Affairs, and future Deſigns, that they were reſolved not to part
with it, till they had ſerved their own turn with it ; and happen the
worſt, they were reſolved the miſcarriages ſhould not ly at their doors,
Vol. II.
Iiiii 2
1
3
..
1
ſo
4
1
ķa au
+
+
1
Order of the
1
794 Ani Impartial Collection of all the memorable Events
Decemb. (fo:long as they could have 15000 Porters, to take the Burden from their
1641. Backs and Petition it to the Biſhops, the Houſe of Lords, or the Kings
Back, if occaſion required. They had indeed gained ſuch an intire
Aſcendant upon the faith of the populace, that whoever they accuſed of
it, they were aſſured would be believed Guilty.
And that they might not be wanting to inflame the People into far-
ther Tumults, and left they ſhould cool in the ſervice of crying No
Biſhops, and affronting the King and the Laws, even at the Gate of his
Majeſties Royal Palace.
It was Ordered, That the Bailiff, and other Oficers of Weſtminſter, be
Commons for required from this Houſe to take Care, that a double Watch and Guard
a double
Watch, may be kept about this City and Suburbs this Night.
Night. And to improve and
ſecond this Invention, ſome of their Infamous and Malicious Agents,
made Out-Cries in the City, That all people ſhould riſe for their De-
fence, for that the King with his Papiſts were coming to Fire the City,
and Ćut their Throats. Which helliſh Calumny backed with the ſuſpi-
tious Order of the Commons, inflamed the People for want of Sleep
and Reaſon to cool their Brains, and fee into the wicked Artifice, to
thoſe Degrees, that theſe imaginary Dangers wrought them up to the
ſame height of Frenzy and Madneſs, that the moſt real Miſchieſs could
have done; and Ignorance being both the Mother of Gredulity and
Fear, thoſe wicked Incendiaries, who had kindled theſe Flames, ceaſed
not to feed theſe two Paſſions with conſtant Fewel, and to blow them
up into Diſcontent and Hatred of his Majeſty and the Government, as
deſigning their Ruin and Deſtruction,and not their Safety,Happineſs and
Protection
Thurſday,
This Day the Lord Keeper acquainted the Houſe of Lords, That the
Decemb. 30. King had commanded him to deliver a Petition to their Lordſhips which
was preſented to him; whereupon the Houſe commanded the ſaid Petiti-
on to be read, which was in theſe Words.
5
To the King's Moſt Excellent Majeſty, and the Lords
and Peers, now Allembled in Parliament.
The Humble Petition and Proteſtation of all the Biſhops and Prelates,
now called by his Majeſties Writs, to attend the Parliament, and preſent
about London and Weſtminſter, for that Service.
The Petition
and Proteftati-
on of the Bi-
ſhops, Decemb.
30; 1641.
T
Hat whereas the Petitioners are called up by ſeveral and reſpective
Writs, and under great Penalties, to attend in Parliament, and
have a clear and indubitate Right to Vote in Bills, and other matters what.
foever, debateable in Parliament, by the ancient Cuſtoms, Laws and Sta-
tutes of this Realm, and ought to be protected by your Majeſty, quietly to
attend and proſecute that great Service.
They humbly Remonſtrate and Proteſt before God, your Majeſty, and the
Noble' Lords and Peers, now Aſſembled in Parliament, that as they have
an indubitate Right, to ſit and Vote in the Horſe of the Lords, fo are they
( if they may be protečted
from Force and Violence) molt ready and willing
to perform their Duties accordingly. And that they do abomináte áll Altin
ons or Opinions tending to Popery, and the maintenance thereof; as alſo, all
Propenſion and Inclination to any malignant Party, or åny other Side or
Party whatſoever; to the which their own Reaſons and Conſciences ſhall not
move them to adhere.
But
!
4
I 641.
allay, and
from the Scotch Rebellion to the King's Murther. 795
But whereas they have been at ſeveral times violently Menaced, Affront- | Decemb.
ed, and Afaulted by multitudes of People, in their coming to perform their
Services in that Honourable Houſe ; and lately chaſed away, put in
danger of their Lives, and can find no redreſs or protection, upon Sundry
complaints made to both Houſes in theſe Particulars.
They likewiſe humbly proteſt before your Majeſty, and the Noble Houſe of
Peers, That ſaving unto themſelves all their Rights and Intereſts of Sitting
and Voting in that Houſe at other times, they dare not Sit or Vore in the
Houſe of Peers, until your Majeſty Jhall further ſecure them from all Af:
fronts, Indignities and Dangers in the Premiſſes.
Laſtly, whereas their Fears are not built upon Phantaſies and Conceits,
but upon ſuch Grounds and Objekts, as may well terrifie Men of good Reſolu-
tions, and much Constancy. They do in all Duty and Humility, proteſt be-
fore your Majeſty, and the Peers of that most Honorable Houſe of Parlia-
ment, againſt all Laws, Orders, Votes, Reſolutions and Determinations, as in
themſelves Null
, and of more effect ; which in their Abſence, ſince the 27 of
this inſtant Month of December 1641, have already paſed; as likewiſe as
gainſt all ſuch as ſhall hereafter paſs in that moſt Honorable Houſe, during
the time of this their forced and violent Abſence from the ſaid woft Horos
rable Houſe ; not denying, but if their abſenting of themſelves were will-
ful and voluntary, that most Honorable Houſe'might proceed in all theſë
Premißes, their Abſence or this their Proteſtation notwithſtanding:
And humbly beſeeching your moft Excelient Majeſty to command the
Clerk of that Houſe of Peers, to enter this their Petition and Proteſtation
amongſt the Records,
They will ever pray to God to bleſs and preſerve, &c:
Fol. Eborac:Tho. Durefwe, Rob.Co. & Lich. Foſ. Norwich, Jo. Afaphen.
Guil. Bi. & Wells, Geo. Hereford, Rob. Oxon. Mat. Ely, Godfr. Gloceft. fo:
Peterburg, Morg. Landaff
:
Hereupon a Meſſage was ſent to the Commons to deſire a preſent Confereñcc a
Conference by a Committee of both Houſes, to Communicate to them bout the Pe-
the Petition of the Biſhops, and to let them know, That the petition
tition of the
Biſhops.
containing matters of high and dangerous Conſequence, ſuch as their Lord-
ſhips are very ſenſible of, and require a ſpeedy and Juddain Reſolution; the
Petition.extending to the deep intrenching upon the Fundamental Privi-
ledges and being of Parliament.
In the afternoon the Lord Keeper Reported, That he had according to
their Lordſhips command, moved the King in the humble deſire of both
Houſes, concerning the keeping of a monthly Faſt, during the troubles in
Ireland, throughout the Kingdom ; and for the 20th of Jan. next to
kept a Falt; and that he would be pleaſed to give order that a Proclamas
tion may iſue forth for that Purpose ; to which his Majeſty was pleaſed to
give conſent, and will give a Warrant for a Proclamation to iſue forth
prefently.
The Commons by this Meſſage concerning the Biſhops, finding they
were fallen under the diſpleaſure of the Lords, laid immediately hold of
this fair occaſion, and fell to work upon the matter ; and having firſt
Ordered, That no Member of the Houſe do go forth of the Houſe during
this debate, and that the Door be lock'd, and the Key brought up; the
outward Room cleared and the Door likewiſe lock’d, and the Key brought
up ; and that no Paper be delivered out.
What
be
*
mons upon
and Proteſta-
cion.
796 An Impartial Collection of all the memorable Events
Decemb. What the Debate was I cannot tell, but there is an Order, which is
1 641. Cancelled, in theſe words, That two of the Citizens that ſerve for the
City, ſhall go into the City, and acquaint them that this Houſe is beſet
and in danger. But it ſeems upon cooler thoughts and more delibera-
tion they thought this would too publiquely ſhew that they were the
Authors of the Tumults and Routs, as in reality by this it appears they
were ; and therefore this was altered, and it was Reſolved, Gc. That this
House Mall renew their deſire of a Guard, upon the Reaſons which the
Petition of the Biſhops this day read gives them occaſion to defire'it. But
whatever was the beginning of the debate, the end of it was to fall
upon
the Biſhops ; and therefore it was Reſolved upon the Queſtion, That
Votes againſt John Arch-Biſhop of York ſhall be accuſed by this Houſe, in the Name of
the Biſhops all the Commons of England of High Treaſon.
by the Com-
Reſolved, &c. That Thomas Biſhop of Durham ſhall be Accuſed by
their Petition this Houſe in the Name of all the Commons of England, of High Trea-
fon.
The fame Vote in terminis paſſed ſeverally againſt Joſeph Biſhop of
Norwich, Robert Biſhop of Coventry and Lichfield, John Biſhop of St.
Afaph, William Biſhop of Bath and Wells, George Biſhop of Hereford,
Matthew Biſhop of Ely, Robert Biſhop of Oxon. Godfrey Biſhop of Gloce-
ſter, John Biſhop of Peterborough, and Morgan Biſhop of Llandaff.
And Mr. Glyn was Ordered to go up to the Lords with this Meſſage,
to take notice of the Lords reſpect to this Houſe in Communicating
this Petition with ſo much ſpeed, and ſo much affection, and for ex-
preſſing their ſenſe of the Petition of the Biſhops, which he Immediately
did:
And declared, That he was commanded to Accuſe, and did Accuſe John
ſhops accuſed Arch-Biſhop of York, Tho. Biſhop of Durham, Joſeph Biſhop of Norwich,
Robert Biſhop of Coventry and Litchfield, John Biſhop of St. Afaph,
mons of High
William Biſhop of Bath and Wells, George Biſhop of Hereford, Matthew
the Petition. Biſhop of Ely, Robert Biſhop of Oxon. Godfrey Biſhop of Gloceſter,
John Biſhop of Peterborough, and Morgan Biſhop of Llandaff, in the
Name of the Houſe of Commons, and of all the Commons of England, of
High Treaſon, for indeavouring to Subvert the Fundamental Laws of this
Realm, and the Being of Parliament, ly preferring this Petition and
Proteſtation : And the Houſe of Commons depres, that they may be forth-
with Sequeſtred from Parliament, and forthwith Commitied into Safe CH-
ſtody : And that a ſpeedy Day may be given them for their Anſwers, and
the
Houſe of Commons will be ready to make good their Charge.
Tlac Biſhops
Hereupon it was Ordered, That the 12 Biſhops that are Accuſed of
High Treaſon, ſhall be forthwith brought before this Houſe, and commit-
Cuftody.
ted to ſafe. Cuſtody. And accordingly order was given to the Gentle-
man-Ulher attending the Houſe to bring them. :
After which the Earl of Bath reported the Kings Anſwer to the Peri-
tion preſented to His Majeſty from both Houſes, concerning the Earl of
Newport, and others, viz.
The twelve Bi-
by the Com-
Treaſon for
taken into
f
My Lords and Gentlemen,
TT is true that I have heard Rumors of ſome Propoſition that ſhould
have been made at Kenſington, for the ſeizing of the Per-
cerning the Sons of my Wife and Children. And in things of ſo high a Nature, it may
Kenſington be fit for any Prince to inquire, even where he hath no belief, nor per-
waffon
The King's
Anſwer to the
Petition cca-
marrer.
1
1
:
31
paſſed the
ไป
Lords Houſe.
Conference
with the Com-
from the Scotch Rebellion to the King's Murther:
797
Swaſion of the thing; fo I have asked Newport :Some Queſtions concerning. Decemb.
that Buſineſ, but far from that way of expreſling, a belief of the thing, 164.1,
which Newport hath had the boldneſs and confidence to affirm, which I
could eaſily make appear, but that I think it beneath me, to conteſt with
any particular Perfon. But let this fuffice, that I allure you, I neither
did nor do give credit to any ſuch Rumor : As for telling the Name of
him who informed Me, I do ſtick to the Anſwer which I gave to your laſt
Petition upon the like particular.
After the Reading of this it was Ordered, That a copy of this. Anſwer
be ſent to the Houſe of Commons.
The Bill for preſſing of Marriners; &c. was read a third time in the Bill for prel-
Lords Houſe, and being put to the Queſtion, it was conſented tº, for to fing Marriners
paſs as a Law..
After which the Lord Keeper Reported the Conference with the Report of the
Commons, touching the ſafety of the Kingdom : That Teſterday the
Houſe of Commons Jent up a Meſage to their Lordſhips, wherein they mons about
Exprelled their Fears of the ill Conſequences which will happen by the the ſafety of
the Kingdom:
many diſorders and aſaults made upon the King's Subjects, to the Viols-
tion of their Liberties and Peace, going to, and returning from the Parlia-
inent : for preventing whereof, and for the ſecuring of the Parliament
they deſired that their Lordſhips would join with them, to deſire His
Majeſty that the Parliament may have ſuch a Guard, as bºth Houſes
might confide in, that they might be commanded by the Earl of Eflex;
to which defire the Houſe of Commons have yet received no Anſwer : They
deſire therefore their Lordſhips would take theſe following Reaſons into
Confideration by way of addition to their former.
(1.) The Inſolent and Traiterous Petition and Proteſtation of the Bia
shops, preferred this day to their Lordſhips, which the Houſe of com-
mons conceive they durft not dare to have done, without ſome Back in their
Deſign.
(2.) They deſire to have a Guard, becauſe they hear that the King,
bath a Guard at White-Hall, as apprehending it fit. And the Houſe of
Commons conceives, that thoſe that are Enemies to the King, are likewiſe
Enemies to the Parliament, and thoſe that are Enemies to the Parliament.
are Enemies to the King.
The Lords then took this Meſſage into Conſideration, and Debated,
Whether this Houſe Mould recede upon theſe further Reaſons, from the
Vote given laſt night.concerning the Guards.
And it was Reſolved upon the Queſtion by the major part, That' this
Houſe thinks it not fit.upon ſuch Reaſons as have now occurred to alter
at this time the Vote laſt night, and to joyn with the Houſe of Commons
to deſire a Guard. And it was Ordered, That theſe two Votes be Coma
municated to the Commons.by. Serjeant Ayliff
, and Šerjeant Glanvile.
After which the Houſe having notice that the Biſhops that were Ac- The Impea,
cuſed of High Treaſon, were attending without, the Houſe gave di- ched Biſhops
rections they ilould be ſeverally called in, and have their accuſation Bar
.
made known unto them by the Lord Keeper
, and then, if they deſired
to ſpeak they fluould be heard.
Firſt Fohn Arch-Biſhop of Tork was brought in by the Gentleman-
Uſher, and having kneeled at the Baras a Delinquent, he was com-
manded to ſtand up, and then the Lord Keeper told him, That the Houſe
of Commons, in their Name, and of all the Commons of England, båd Aca
cuſed!
1
$
ፍ 4.
1
798 An Impartial Collection of all the memorable Events
Decemb. fcuſed him, and others of the Biſhops with High Treaſon , for endeavour-
1641. ing to Subvert the Fundamental Laws of this Realm, and the Being of
Parliament, by preferring their Petition, and Proteſtation this day to the
Houſe of Lords.
The faid Arch-Biſhop, deſired leave of the Houſe to Speak a few
words, which the Houſe granting, he ſaid, He would not at this time
make any Demurrer to the Charge, as having never heard it before , but
he deſired their Lordſhips would give him leave to do as he should be ad-
viſed when he came to Anſwer; and then he withdrew.
The Biſhop of Durham was in the ſame manner brought to the Bar;
and the Lord Keeper repeated unto him the ſame Charge, and he ha-
ving leave to Speak, ſaid, That this was the greateſt Miſery that ever be-
fell him, and what he did was not with any Malicious or Treaſonable In-
tent; but be going by chance to the Arch-Biſhop of York's Houſe about
two days ago, be found fome Biſhops there, and the Petition Signed by ma-
ny of the Biſhops; and being deſired to Subſcribe the
ſaid Petition, he read
it over, and took ſome Exception at it, but he was drawn to it, by their
Inducements ; and he did Subſcribe it only to preſerve his Right in Vo-
ting in Parliament ; and defiring their Lordſhips to have pitty upon him,
being a Man of great Tears, he withdrew.
And then in the ſame manner the Biſhop of Norwich was brought to
the Bar, and after he had heard his Accuſation, he ſaid, That this was
the heavieſt Afli&tion that ever befel him; and profeſſed it was far from
his thoughts to be guilty of an Offence of ſo high a Nature ; and confeſſed
he Subſcribed the Petition and Proteſtation, but he deſired the reſt of his
Brethren the Biſhops, that it might be very well conſidered before it was
delivered; but whether it was, he knows not.
Next the Biſhop of Coventry and Litchfield was brought to the Bar af
ter the ſame manner, and confeſſed, He Subſcribed the Petition, but
craved their Lordſhips beſt Conſtructions, for he did it not with any Trai-
terous Intentions, and ſubmitted himſelf to the Pleaſure of this Houſe.
Next in the ſame manner the Biſhop of St. Afaph was brought to the
Bar, and confeſſed, That he Subſcribed the
ſaid Petition, but the thoughts
of Treaſon were far from his heart, and deſired their Lordſhips favour to
him.
The Biſhop of Bath and Wells, who acknowledged, He ſet his hand
to the ſaid
Petition, but without any ill intent.
The Biſhop of Hereford was next, who ſaid, That when time was fit-
ting, he would make his humble Anſwer to his Charge, but deſired to ſay no-
thing for the preſent.
The Biſhop of Ely was the next, who made this ſhort and diſcreet An-
ſwer, He deſired their Lordſhips would excuſe him for Speaking now, left
he ſhould do himſelf more hurt by Speaking then by Silence.
The Biſhop of Oxon, who confeſſed, "He fet his hand to the Petition,
but his Offence is through Ignorance, and therein -Craves their Lordſhips
Compaſſion.
Then the Biſhop of Gloceſter, who confeſſed, He fet his hand to the
Petition, but that he was one of the laſt that Subſcribed it, which he pro-
felled was not done with any Traiterous intent, but through Ignorance, and
Submitted himſelf humbly to the Wiſdom of the Houſe.
The Biſhop of Peterborough, anſwered, That he did ſet his hand to the
Petition, but he never had any ſuch ill intent as is' Expreſſed in the Charge,
but what is done is through Ignorance; and he Submitted himſelf to their
Lordſhips Pleaſure.
The
ht.
+
.
1
,J
'A
L
7
1
1 641.
from the Scotch Rebellion to the King's Murther.
799
The Biſhop of Landaff being not now to be met with, was ordered | December,
to be brought to Morrrw.
Then it was Ordered, That the Biſhop
, of Durham, and the Biſhop of
Coventry and Litchfield, ſhall forthwith be Committed to the ſafe Custody Combitte
of the Gentleman Uſher attending this Houſe ; and the reſt of the Bi- Durham and
Jhops, now accuſed of Treaſon, ſhall be forthwith Committed to the Tower Coventry to the
of London, there to remain until the further pleaſure of this Houſe be reft to the
The Biſhops
knoin.
Tower.
Ireland.
It was alſo Ordered, That the ſaid Biſhops ſo accuſed, Mall put in their
Anſwer into this Houſe to Morrow Sennight:
The Earl of Holland reported, That the Lords had acquainted the King
with the deſires of both Houſes, that his Majeſty would be pleaſed to give
Warrants to the Earl of Newport, for ſending Powder for the ſervice of
Ireland, and his Majeſty is willing thereunto , and will give Warrants
when he knows the particulars ; but his Majeſty deſires the Parliament will
take care, that Powder be made to Supply his Stores again.
The Biſhop of Winton fitting this day in the Lords Houſe, it was
Moved, That the Petition and Proteſtation Exhibited this day, being in
the Name of all the Biſhops, that he might be put to Anſwer, Whether he
conſents, or diſaſents and diſclaims the ſaid Petition and Proteſtation,
before he be ſuffered to ht and Vote in this Houſe.
Whereupon the ſaid Biſhop anſwered, That he never knew of any ſuch Biſhop of win-
matter. Hereupon the Houſe gave him leave to read over the faid Pe-ton Diſclaims
the Protestati.
tition, and give his Anſwer therein, which was, That he never read the on of the
Petition before , and he doth now utterly diſclaim it. And with this Biſhops.
Anſwer the Houſe was fatisfied.
In the Houſe of Commons beſides the matters before related, Sir Hen. 30000 l. Bor-
Mildmay Reports, That this being the day, that the Merchant Adventur-Chance Advere
ers ſhould have given in their Anſwersconcerning the loan of Moneys ; that turers for
they have freely condeſcended to lend 30000 l. upon the Security of an Ora
dinance of Parliament, till an Act of Parliament can paſs. Whereupon
Sir Hen. Mildmay and Sir Thom. Barrington were appointed to prepare
an Ordinance of Parliament for their Security, and preſent it to the
Houſe.
It was Ordered, That this 30000 l. now borrowed of the Merchant Ad-
venturers ſhall be kept together Entire, and not diſpoſed of, till the
Scotch Propoſitions, be agreed upon, either for their Rejection or Enter-
tainment.
Then the Propoſitions from the Scotch Commiſſioners were read, and
then particularly handled one by one, and it was
Reſolved, &c. That this Houſe is of Opinion, that ſome Maritine The Scotch
Towns in the North of Ireland, Mall be put into the hands of the Scotch, Pored
to be Places for their Retreat, Magazines and Garriſons.
Reſolved, &c. That this Houſe is of Opinion, that the Towns to be
put into the hands of the Scotch as aforeſaid, be.the Town and Caſtle of
Carrick-Fergus and Colragne. Ordered, That the Commiſſioners appoint-
2 to treat with the Scotch Commiſſioners mall treat with them; thar
thoſe Engliſh Forces, that ſhall be Employed in Ulſter, may repair to
thoſe Towns upon occaſion.
Reſolved, &c. That this Houſe is of Opinion, that thoſe Towns ſhall
remain in the Scotch hands, until the War jall end, or that they ſhall be
diſcharged of that Service.
44
"
Vol. II.
Kkkkk
Then
*
the Bill againſt the Biſhops upon this occaſion, took it very patiently
800 An Impartial Collection of all the memorable Events
Decemb. Then the Votes of the Lords before Ordered to be Communicated to
1 641.
the Commons were read, and the Commons reſolving to puſh forward
at this time, that they refuſed to joyn with them to Petition the King
for a Guard, only it was Reſolved, &c. That Sir Robert Pye, Mr.
Glyn, and Mr. Wheeler, Juſtices of the Peace for the City of Weſtmin-
ſter, ſhall take care that good Watches Sufficiently Armed, Stall be ſet in
ſuch convenient Places as ſhall be neceſary for the
ſafeguard of the Houſe.
It was alſo Ordered, That Mr. Wheeler do take Care for the providing of
20. Halberts for the Service of this Houſe.
This day the Biſhop of Landaff was brought to the Bar in the ſame
Friday,
manner the reſt of the Biſhops had been before, and after he had heard
Decemb.si,
his Accuſation of High Treaſon, he ſaid, That on Wedneſday laſt one
came to him with the Petition about Four of the Clock in the Afternoon,
and he only read the beginning of it, and found fault with the Word,
Whatſoever ; but he blamed his own Indiſcretion, that he did not read it
all, and there being eight hands Subſcribed before him, and ſuch as were
his Ancients, who he thought had underſtood themſelves better, then to
commit an Offence of fo High a Nature ; be confeſſed he ſet his hand there-
unto likewiſe ; but he ſaid he would plead nothing but Ignorance, and In-
diſcretion, that he read not the Petition over ; and profelled, that he had
no Intention to overthrow the Fundamental Laws of this Realm; nor to
commit any of the other Offences le is Accuſed of; Therefore deſired be
might not feel the Weight of their Lordſhips Fuſtice but Mercy, and de-
fired that he might be Bailed upon good Security
.
Biſhop of Lan. The Houſe taking this into Conſideration, Ordered, That the Bi.
daff ſent to the
shop of Landaff, ſhall be forthwith committed to the Tower of London,
there to remain, until the pleaſure of this Houſe be further known.
The Houſe then took the Propoſitions of the Commons concerning
the Province of Munſter into Conſideration, which being read, and de-
bated, were agreed to in every particular, and the Duke of Richmond,
Lo. Chamberlain, E. Briſtol and E. of Newport were ordered preſently
to attend the King, and move him from both Houſes, concerning the 1.
3. 7. and ith Articles of the aforeſaid Propoſitions.
The Commons thinking it now to be the moſt ſeaſonable Opportuni-
ty to ſtrike while the Iron was hot, did one of the firſt things they did
AMeſTage from this Day, Vote to ſend up a Meſſage to the Lords, to remind them of
to revive the the Bill againſt the Biſhops Votes ; and accordingly Mr. Peard brought
Bioprevjere sin up a Meflage from the Commons, to let their Lordſhips know, That
whereas divers Months ago the Houſe of Commons fent up a Bill for the ta
king away the Votes of the Biſhops out of this Houſe, the Houſe of Commons
conceive, That in regard of the many other buſineſles, their Lordſhips have
not yet taken it into conſideration. They deſire their Lordships to take the
Same into conſideration with Expeditiou, becauſe they conceive it to be a Mat-
ter of great Concernment.
The Anſwer was, That their Lordſhips will take the same into conſide-
ration in convenient time.
The Lords that went to move the King concerning the Propoſitions
touching Munſter, reported, That the King returns this Anſwer for the
preſent, that there ſhall be no delay in the Buſineſs, but that he will ſpeak
with the E. of Newport Maſter of the Ordnance
, concerning the Stores, and
accordingly will give Warrant for Tranſporting of the Ammunition as is
deſired.
Memorandum
1
Tower.
the Houſe of
Lords.
i
11
i
5
NI
1
A Commitice
Guard.
from the Scotch Rebellion to the King's Muriber. 801
Memorandum, That this Houſe intends to have a Conference with the Decemb:
Houſe of Commons on Munday next, about ſetting of Armorers on work to 6
make new Arms for ſupplying the King's Storės
, and likewiſe about the
preſervation of Salt-Peter Mines, and Proviſions of Powder.
In the Commons Houſe, the Lords kaving by Meſſengers given the
Commons an Account of the Commitment of the Biſhops, Mr. Wheeler,
Mr. Glyn, Mr.White, Mr. Bridgman, Mr. Hill, Serjeant Wild, Mr. Rigby,
Mr. Ellis
, Mr. Peard, were appointed a Committee, or any three of them
to meet at ſuch time, as they ſhall think fit to conſider of the Impeach-
ment, already made by the Houſe of the 12 Biſhops, and whether it
be needful to add any thing more to it, and which way will be beſt
for the Houſe, to proceed in, to bring them to a ſuddain Trial.
Then Mr. Hollis, Sir Henry Mildmay, Şir John Holland, Sir Sydney
to wait upon
Mountague, Sir Chriſtopher Wray, Lo. Cranborn and Mr. Herbert Price, the King for á
were appointed to wait upon the King from this Houſe, and to repre-
ſent unto his Majeſty the grounds of our Fears, and to deſire, That this
Houſe may
have a Guard of the Trained Bards of the City of Lon-
don, under the Command of the Earl of Eſſex; and Mr. Hollis is to deli-
ver this Melage.
It ſeems there were at this time Drums beat up for Volunteers for
Ireland, of which the Commons being informed, who were reſolved to
Ingroſs the whole Affair into their own Hands, immediately Mr. Rigby,
Sir Arthur Hallerig, Sir Thomas Barrington, Sir Walter Earl, Mr. Whee-
ler, Mr. Glyn, Mr. Boſvile, Mr. Darley, Sir Robert Pye, Mr. Whittaker,
Sir Gilbert Gerrard, Sir John Franklin, Mr. Purfrey, and the Citizens
for London, or any four of them, were appointed to be a Committee,
to make Inquiry by what Warrant the Drums for Volunteers do beat
up,
and Men are raiſed; and to inform themſelves what Numbers are levi-
ed; and to tender the Oaths of Allegiance and Supremacy; and to ſend
for Conſtables, Officers and other Perſons whatſoever, and for Com-
miſſions and Writings, and are to meet when and where they plcafe.
Mr. Hollis Reports, That he obeyed the Commands of this Houſe ;
That his Majeſty gave this Anſwer, That he did deſire to give a speedy
Anſwer to any thing that imports the Houſe of Commons, but ſaid, he could
not remember what was delivered, it conſiſting of ſo many particulars, and
therefore deſired to have it in Writing : And he further ſaid, That we
were called here to ſit by his Majeſties Writ, and were under bis Safety,
and that ſhould tender us as his Children. Upon this Mr. Price and Sir
Henry Mildmay were ordered to carry this Meſſage for a Guard in
Writing, and to acquaint his Majeſty, That though the Houſe hath ad.
journed it ſelf till Munday next, yet they have left Power with Mr.
Speaker, to receive ſuch Anſwer, as his Majeſty ſhall pleaſe to ſend to the
Said Meſage. And Mr. Hollis, Mr. Pym, Sir Samuel Luke, Mr. Rigby,
Mr.Wheeler, Sir Walter Earl, Sir Thomas Barrington, Mr. Strode, Sir
William Litton, Mr. Glyn, Mr. Long and Lo. Cranborne, were appointed
to be a Committee, to conſider of ſuch Anſwer, as his Majeſty ſhall
pleaſe to ſend to the Meſſage of the Houſe concerning a Guard; and if
his Majeſty ſhall not vouchſafe to ſend any, to conſider, what then
ſhall be fit to be done, for the Safety of the King and Kingdom, arid
Mr. Speaker to have power to receive his Majeſties Anſwer, and ſend it
to the Committee.
Then Mr. Hollis preſented in Writing the Meſſage, which he had
formerly, delivered, which was read and Voted, and was in theſe
Words.
Kkkkk 2
Moſt
1
802, An Impartial Collection of all the memorable Events
The Meſſage
of the Com.
mons to the
W
..
Decemb.
I 641.
Moſt Gracious Sovereign,
E are ſent by the Knights, Citizens and Burgeſſes of the Houſe of
Commons,your Majeſtie's faithful and Loyal Subjeéts, who are ready
King concern. to lay down their Lives and Fortunes, and spend the laſt drop of their Blood,
ing 2 Guard.
to maintain your Crown and Royal Perſon in Greatneſs and Glory; and do by
us cast themſelves down at your Royal Feet, to preſent unto your Majeſty
their humble Defires, upon their great Apprehenſions, and just Fears of
miſchievous Deſigns and Practiſes to Ruin and Deſtroy them : there have
been ſeveral Attempts heretofore, to bring Deſtruction upon their whole
Body at once, and Threats and Menaces againſt particular Perſons. There are
a malignant Party, bitterly, invenomed againſt them, daily gathering
Strengih and confidence, and now come to Juch height as they have given
boldneſs to ſome, to embrue their Hands in the Blood of your Subječts, in
the Face, and at the Door of the Parliament, and at your Majeſties own
Gates, and have given out inſolent and Menacing Speeches againſt the Par-
liament it ſelf. This cauſes great Distractions among the People in
gene-
ral, and much Fear and Apprehenſions in the Houſe of Commons ; That
they conceive they cannot with the Safety of their perſons,, upon which the
Safety and Peace of the whole Kingdom doth now depend, ſit any longer
unarmed and unguarded as they are ; They have therefore their recourſe
unto your Majeſty, most humbly beſeeching you, that it may ſtand with
your good liking, if they provide for their own Safety, which the very
Law of Nature and Reaſon doth allow unto them.
It is their Humble Deſire, That they may have a Guard out of the Ci.
ty of London, commanded by the Earl of Eflex, Lord Chamberlain of your
Majeſties Houſhold, of whoſe Fidelity to your Majeſty, and the Common-
Wealth, they have had long Experience. By this your Majeſties Grace and Fa-
vor, you will remove their Fears, fill them with Comfort and Aſurance, and
enable them to ſerve your Majeſty in ſuch a Way, as ſmall render Ma
your Government happy and glorious. And to this they do moſt
humbly. deſire your Majeſties gracious and ſpeedy Anſwer, becauſe their Safe-
ty and the Safety of the whole Kingdom depends upon it, and will not admit
of any delay.
Pity it is, that ſo curious a Skin ſhould always cover the Serpent,
and that mortal Poiſon ſhould dwell in a Golden Vial. Certainly ne-
ver Men that meant fo ill, knew better how to ſpeak ſo well, and if
ever drawn Swords were artificially concealed in the ſoft Scabberd .
of tender and oily Words, it was when theſe People courted the King
moſt zealouſly in hopes of being denied ; for they ever crept loweſt,
when they aimed moſt at the Throat of Royalty. They had raiſed
all the Tumults and Uproars, as is moſt Evident, and were themſelves
guilty of the Diſorders - they refuſed to joyn with the Lords in a . Le-
gal Way, by Proclamation, and the Laws to ſuppreſs them; puniſhed
The Officers, and turned off the Guards appointed legally to keep the
Peace ; and now unleſs the King will grant them a Guard, all this muſt be
placed to his Majeſties Accounts, and the Rabble be excited to affront him
and force him from White-Hall
, which was what they longed to be at,
as hereafter we ſhall fee.
However his Majeſty returned this Gracious Anſwer to their Mef-
fage, which might have abundantly fatisfied them, if they had not been
before-
your Mac
jeſty and
/
1
.
*
IN
IG
PLI
from the Scotch Rebellion to the King's Murther. 803
beforehand reſolved not to be fatisfied with any Anſwer which his, Decemb.
Majeſty could in Honor give, or good Subjects in Reaſon expect.
1 641.
WGuard
,
1
E have taken the laſt Mesſage from you, touching your deſire of a The King's
Guard, into ſerious Confideration, and truly with great grief of Anſwer to the
heart, that after a whole Tears fitting of this Parliament, wherein you cerning a
have obtained thoſe things, for the happineſs and ſecurity of your ſelves, Guard
and the reſt of Our Subjects, as no Age can equal
, inſtead of reaping in
Peace and Tranquility the fruits of your Labours, and of Our Grace and
Affection to Our People, We should find Jealouſies, Diſtruſts and Fears,
Still fo prevalent amongst you, as to induce you to declare them unto us
in fo high a meaſure, as you bave done at this time.
We are wholly ignorant of the grounds of your Apprehenſions, but this
We do proteſt, before Almighty God, to whom We muſt be accountable for
thoſe whom he hath intruſted to our Care and Protection, that had We
any knowledge or belief of the leaſt Deſign in any, of violence, either for-
merly, or at this time, againſt you, We would purſue them to condign pu-
niſhment, with the ſame Severity and Deteſtation, that we would do the
greateſt attempt upon Our Crown.
We know the Duty of that place where God hath ſet Us, the Protecti-
on We ow to all Our Loyal Subjects, and moſt particularly to you called to
Our Service by Our Writs ; and We do engage unto you Solemnly the Word
of a King, that the Security of all and every one of you from violence, is,
and Mall ever be, as much Our Care as the preſervation of Vs and Our
Children.
And if this general Aſurance ſhall not ſuffice to remove yonr apprehen-
fions, We will Command ſuch a Guard to wait upon you, as We will be
reſponſible for, to him who hath incharged Vs with the Safety and Prote-
Elion of Our Subjects.
White-Hall, Fan. 3 d.
1
L
1
The Inſolency of the Tumults was inexpreſſible, infomuch that feve-
ral young brisk Gentlemen of the Inns of Court, came and voluntarily
offered themſelves to his Majeſty at White-Hall, to Guard his Perſon
from the Rabble, whoſe deportment was ſo unſufferable, that 'tis a
Miracle no more miſchief came of it ; but ſuch was his Majeſties ten-
derneſs and caution, that he would not permit theſe young Gentlemen
ſo much as to Exaſperate that Rude Crew, but having given them
thanks for the offer of their Service, and ordered them to be handſom-
ly entertained at Tables provided for them, they were diſmiſſed :
Though afterwards a great noiſe, and a Plot was made of drawing theſe
young Gentlemen into a Deſign to do ſome ſtrange things.
But though his Majeſty thought not fit to make Uſe of their Affiſt-
ance ; yet he ſent to the Lord Mayor to call a Court of Aldermen and
Common-Council, and to propoſe to the City the care of Suppreſſing
theſe Tumultuary Aſſemblies; an account of which Court and procee- Proceedings
dings was as follows.
A Common-Council held at Guild-Hall in the City of London,
the One and Thirtieth of December, 1641.
aMeſſage from
L. Newburgh,
Commune Concilium tent in Camera Guild-Hall Civit’ London' Trices concerning
fimo primo die Decemb. 1641, poft Meridiem. Anno Reg' Dom' noſtri Tumults, Dec.
.
at a Court of
Aldermen and
Common-
Council, upon
the King by
Nr
Caroli/ 31. 1641.
1
i
!
804 An Impartial Collection of all the memorable Events
Decemb. Caroli nunc Regis Anglie, &c. decimo ſeptimo, coram Richardo Gurney
I 641.
Milite & Baronetto, Majore Civit. London. Tho. Garnier Milite ejuſdem
Civit. Record. Ed. Bromfeild Milit. & Ed. Wright Mil. & Alderm.di-
čte Civit. Johan. Cordell, Mill. Joh. Gayer Mil. Jacobo Gerrard Mil.
ac Alderm. Tho. Arkin Alderm. Joli. Wallaſton Mil: Alderm. Tho.
Adams, Jo. Warner, Jo. Towſe Abrahı. Reynardſon & Tho. Auſtin Pre-
dift.Civit. Alderm. ac Georgio Garret, & Georgio Clarke Mil. & Al-
derm. ac vicecom. Civit. Prædi&t. necnon majore parte Conciliarioruna de
Com. Concilio ejuſdem Civitat. tunc & ibidem allemblat,
At this Common-Council Mr. Recorder declared, That by the direction of the
Right Honourable the Lord Major, he was to ſignifie to them the cauſe of their not
Aſſembly, how that his Lordſhip had yeſterday received a Letter from Sir Edward
Nicholas Knight, one of his Majeſties principal Secretaries of State, intimating,
that it was his Majeſties pleaſure, his Lordſhip ſhould call a Common-Council againſt
this time, and then his Lordſhip ſhould be advertiſed of his Majeſties further pleaſure,
and that there was now at this preſent in the Council Chamber an Honourable Perfor
being the Lord Newburgh, Chancellor of his Majeſties Court of the Dutchy, and
one of his Majeſties moft Honourable Privy-Council, come hither to deliver his Mel-
Sage to this Court: And thereupon the Right Honourable the Lord Nemburgh
was deſired to come into this Court, who being here declared and ſaid in this
manner : Gentlemen, his Majeſty out of his good affection towards the City, and
acknowledging of your great Loves lately ſhewed unto his Highneſs, hath
ſent me with a Meſſage to you, aſſuring it to be the ſame contained in a Paper,
which he preſented, and deſired to be read to this Common-Council, which was
accordingly done, the Tenor whereof followeth in theſe words.
.
1
Here baving been of late many Tumultuary and Riotous Affemblies of people about
our Palaces of White-ball
and Weſtminſter, to the great diſturbance of us
and our Parliament and we having received Information, that ſome ill-affected per-
fons do ſtill endeavour to incite the like Tumults again, we have thought fit to recom-
mend to your eſpecial care the preventing them as far as in you lies, eſpecially the enſu-
ing Holy-days, at which the idleneſs of many may make them apter, to ſuch diſorders.
We have thought fit likewiſe to let you knotr, that me are ſo well aſſured of the good af-
fections of our City of London, by the great expresſions which it hath made unto us of
late, that we can in no wiſe underſtand it to have any fare in the fault of theſe Tu-
mults and Diſtempers, but that they proceed meerly from the mean and unruly people of
the Suburbs. And as we are most confident of the hearts and good affections of our City
of London towards us and our Government, and will not entertain any other opinion;
ſo we do deſire them not to be diſturbed by any jealoufies that ill-affe&ted perſons may en-
deavour to for, but to reſt moſt confident and affured, that the Safety, the Proteſtion,
and the Proſperity of the City ſhall ever be with us a principal care.
After the reading of which moſt Gracious Meſſage, whereby is fully manife-
ſted and expreſſed his Majeſties Gracious Goodneſs and great care for the ſafety
and proſperity of this City ( the Lord Newburgh having withdrawn himſelf)
this Common-Council took the ſame into their ſerious conſideration, and how
for the preſent to return by this Honourable Perſon unto his Majeſty an Anſwer
with all humility and thankfulneſs; and after mnch debate, it was fully agreed
and reſolved of by this Common-Council, That in the firſt place ſhould be re-
turned and rendred unto his Majeſty from this Common Council, as the Re-
preſentative Body of the whole City, their humble ducy in all thankful manner,
for his goodneſs and gracious love and care manifeſted to this City.
Secondly, That it ſhould be ſignified unto his Majeſty, this Court, nor any
particular Member thereof, hath had any hand in theſe Tumultuous and Rio-
tous proceedings, and that they, and every of them do diſavow and diſclaim
the famc.
Thirdly, That it may be likewiſe ſignified, That this Court (as the Repre-
ſentative Body of the whole City) doth promiſe from hence-forth their beſt en-
deavours to prevent and ſupprefs in time to come ( as far as in them lyeth)
all
1
---
.
."
>
1
*
from the Scotch Rebellion to the King's Murther. 805
Decemb.
I 641.
all ſuch, or the like Tumultuous Aſſemblies, and all Mutinous and Rebellious
perſons.
And laſtly, That the humble deſire of this Court may be preſented unto his
Majeſty, to be graciouſly pleaſed, that all the Delinquents and Cauſers of theſe
Tumutket, whatſoever they be, being apprehended, may be brought into Exami-
nation, and receive condign puniſhment according to the Law.
And theſe four things thus agreed upon were by direction of this common-
Council here openly declared and delivered by the Mouth of Maſter Recorder,
unto that
Honourable Perſon the Lord Newburgh here preſent, with deſire that
the ſame ſhould be by his Lordſhip accordingly preſented unto his Majeſty, the
which he promiſed to perform with truſt.
And afterwards this Court entred into further conſultation and debate touch-
ing the Tumultuous and Riotous Aſſemblies lately ſpread night and day in ſeve-
ral parts of this City, to the great trouble and affrightment of his Majeſties
good Subjects, and alſo touching the great neglect of that due reſpect which
ought to be given by the Inhabitants of this City, to the ſeveral Precepts lately
iſſued out by my Lord Major for a continual Watch and Ward, day and night
for prevention and ſuppreſſion of ſuch Tumults and Diſtempers.
And likewiſe touching the great neglect in appearance of the Trained Bands
of this City to their Colours at the beat of the Drum, eſpecially in theſe times
of danger, in contempt of Authority, being a matter of exceeding great conſe-
quence, and not fit to be ſuffered. And thereupon this Common-Council Ta-
king much to heart, that ſuch diſobedience ſhould grow and be found in the
Inhabitants of this City, to the great diſreſpect of Magiſtracy and Contempt of
Government ; And that ſuch Diſorders and Tumultuary Allemblies ſhould be
permitted in ſuch a City as this, formerly famous for the good and quiet Go-
vernment thereof, hath thoáght it very expedient and behoveful, för redreſs
and remedy to be had in theſe abuſes, being not fit to be any longer endured,
That every Member of the Common-Council now Allembled, ſhall in their
ſeveral Precincts ſpread it abroad, and make it known, That if any perſon, or
perſons, ſhall from hence-forth neglect his duty and ſervice to be performed, as
aforeſaid, and ſhall not do his beſt endeavour to ſuppreſs, or prevent any
Tumults, or Riotous Aſſemblies, that ſhall hereafter be attempted within this
Cicy,or Liberties thereof, that chen he or they offending, ſhall receive condign
puniſhment according to his or their demerits.
And it is further thought fit, and ſo agreed by this Common-Council, that
my Lord Major may ſend out his Precepts in ſuch manner, and to ſuch purpoſe,
as his Lordſhip, and his Brethren the Aldermen, ſhall think fit, for Watch and
Ward, raiſing of Arms, or otherwiſe, for the ſafety and preſervation of this
City; to which this Court, and all the Members thereof, promiſe all due and
cheerful obedience.
*
And that Poſterity may ſee his Majeſty had great reaſon for what he
did, I will preſent the Reader with one of thoſe Sheets then Printed
giving an account of the Rudeneſs and Inſolence of the. Rabble, from
whence thô written as partially as may be, and in favour of them, yeť
it will be eaſie to obſerve both theirs and the Calumniating temper of
the Parliamentarian Scriblers of that Age, who made all men Atheiſts
and Papiſts that were not Seditious Rebels. The paper is in theſe
words.
T
HE Apprentices waiting there days at the Parliament Houſe, without Ati Aa for the
giving affront or ill Language to any; they did only with a full conſent, Tumult of the
Čry down Biſhops and Popiſh Lords.
Apprentices,
Dec. 31/ 16416
But coming ſcattering home by ſender Companies, were ſet upon by divers
Caviliers, who did cuc many and miſuſed moſt with baſe Language, not only
Apprentices but Men of good Rank and Quality ( calling them
Ram-headed
Rogues ) to the great diſparaging and disheartning of them
in their Trades
and
Callings; for by this means many Tradeſmen have ſhut yp Shops, and given
over their Trades, becauſe they are ſo abuſed: And the adverſe Party, Papiſts
and
1
1
1
-
.
T
2
806 An Impartial Collection of all the memorable Events
Desemb. and their Adherents, greatly countenanced and incouraged, which makes them
1 641.
ſo bold and inſolent, that they care not what outrages they commit againſt ho-
neſt men of good report and the Kings loyal and good Subjects and without ſome
ſpeedy redreſs, and ſuppreſſing of them by the good Laws of the Land, againſt
ſuch as do ſo inſolently fall upon the Kings Majeſtieś Subjects without cauit there
is like to be many thouſand lives ſpilt and taken away.
The Apprentices being many of them committed, and the other diſcounte-
nanced, made the Apprentices to ſwell in Blood, to the adventure of the loſs of
their lives, met on Wedneſday night laſt, to the number of two thouſand with
Clubs Swords, Halberts, and were reſolved to go to the White-Lyon, and others
cryed out, Tomy Lord Major’s; but by the providence of God, and the grave
wiſdom of Captain Ven, they were prevented by the grave Speech that followeth.
Gentlemen, Let me intreat you to be at peace and quietneſs, and return eve-
ry one to his own habitation, and you ſhall find we will be as ready to do
any favour for you, and relieve you in any of your juſt Grievances, as you
can or ſhall your felves, and as you thew your willingneſs to us, ſo
ſhall we with our lives be willing and ready to help you: therefore pray de-
part every man to his own home in Peace, that it may not be ſaid of you, they
are rude and tumultuous, but that you may ſhew your ſelves to be diſcreet in all
your affairs to the advancing of the Cauſe you have in hand ; and refer the Cauſe
to us which will be ready to ſupport you to our powers in all that ſhall be juſt.
Then ſome cryed out, But what ſhall they do for the Brethren that were Com-
mitted by my Lord Major, and at Weſtminſter, before they ſhall ſuffer we will
ſpend all our lives. The Captain made anſwer, That for thoſe that were Com-
mitted at Weſtminster, he and another was appointed by the Houſe to releaſe
them all, and we did ſo the ſame night before we came from Weſtminſter. And
if
my Lord Major hath committed any, I will warrant you, if you will be quiet,
and take my word, they ſhall be releaſed every one. And as ſoon as I have re.
freſhed my ſelf, I will go to my Lord Major, and have them diſcharged ; but
do you by no means go, but return home: So they cryed, Home, Home, Home,
with a mighty noiſe. Then the Major part went away, but ſome of them re-
mained there which would not be ſatisfied, but went down to the Counter in
Woodstreet, where they were withſtood by the Officers thereto belonging, with
Swords and half Pikes, but ſome ruſht in upon them, and got away one of the
half Pikes from one of them, and then went up into Cheap-ſide again, but could
not reſt ſatisfied, but down they went again, and the door being ſhut againſt
them, they brake it, and brake the Windows. Afcer this, the Keeper of the
Counter let ſome of them come in, and ſearch for them in every Ward, and
queſtioned the Priſoners whether there was any or no, but they found none
there, And therefore went away.
There are many Voluntiers agoing out, but it is to be feared, that there are
many of them Papiſts, who will be more ready to help the Papiſts againſt the
King, then the King againſt the Papiſts. But I hope the Lord will defeat their
deſigns, and bring their evil ways upon their own heads, if there be any that
ſeeks the diſtruction of the Land.
Ireland is in a very bad eſtate, and in much fear and trouble of the loſs of
Dublin, but there is yet hopes if there be but preſent help and aid againſt the
Rebels, which is the deſire of all true Subjects, the going forward of the hap-
py
deſign.
Thus Courteous Reader, you have had the full occurrant of the paſſages, and
in what a miſerable
eſtate we are brought unto by Papiſts and Atheiſts, who ſwarm
like the Frogs of Egypt over the whole Land, and not likely to be ſwept away,
till the Lord in Mercy to his People, ſweep them into the Red-Sea of their own
Blood, into the depth of which the Lord bring all the Enemies of his Goſpel.
And ſo I falute you with kind farewel. .
1
The Lewdneſs and Licence of the times was certainly great; and
among all the Arts, which wrought upon the inferior ſorts of People
,
none did more miſchief then the Liberty of the Preſs; from whence
whole ſwarms of Venomous Pamphlets, Calculated exactly to the low
and
.
1
-1
!
Il
,
Myle
-
from the Scotch Rebellion to the King's Murtber. 809
and ſordid Capacities of the Vulgar, flew about the City and Country, Decemb.
and did ſtrangely exaſperate them, eſpecially againſt the Biſhops, and 1641.
the King for favouring of them. I do not intend to trouble the Reader
with many of theſe fooliſh but miſchievous Papers ; but I hope I ſhall
be pardoned if among ſuch a leap of uſeful Collections, there happen
to be gathered a little Chaff; and yet I cannot think even ſome ſuch
Papers wholly unuſeful, which will contribute to give the World a true
Character of all the little Arts, as well as great ones, of thoſe Men and
Times; and to ſhew what an Excellent Talent fome People, who affe-
cted to be thought the trueſt of Proteſtants, the Godly and Well-affect-
ed Party, had, in lying and flandering ; I will therefore preſent the
Reader with a choice piece of Poetry made for a New-years-Gift for the
Biſhops upon their misfortune of being committed to the Tower: It
wears a Title which has been tied to many a lewd Libel, and is Ycle-
ped,
1,
Vox Populi
, in plain Engliſh.
1.
IM
N City and Country throughout the whole Land,
The minds of the multitude divers ways ſtand;
There's ſome that endeavour with might and with main;
To ſet the proud Prelates on Horſe-back again ;
That they may make Canons and
ſend out their Oath,
To ftabliſh their Power,and diſh out their * Broth.
A Lewd Bal-
lad againſt the
Biſhops and
Common-
Prayer:
*So the Sexta-
ries call the
Liturgy by way
of derifion.
II.
Of this Rank there's many in every place,
The which were created by little Laud's Grace ;
Who ſince are grown lofty, and now like to fall,
Which makes them through anguiſh aloud for to call
To Papiſts and Atheiſts, and all ſuch as doth
Love lazy proud Prelates and Luke-warm Broth.
III.
Thoſe Fat-belly'd Prieſts that have Livings great ſtore,
If Biſhops go down, they ſhall never have more;
Their Fourney-men Readers likewiſe are afraid,
That they muſt be forc'd to give over their Trade,
And wear Leather Garments inſtead of black Cloth,
Which makes them love Biſhops and Luke-warm Broth.
IV.
And great Men would never be counted ſuch fools,
As to ſend their Children for learning to Schools,
But that they hoped in proceſs of time,
That they to the Throne of a Biſhop might climb;
And there Domineer, which fills them with wroth,
Againſt ſuch as love neither Biſhops nor Broth.
Vol. II.
L1111
V.
1
808 An Impartial Collection of all the memorable Events
Decemb.
I 641.
V.
Another fort likewiſe muſt not be forgotten,
Who in their main Principles ſeems to be rotten ;
Suppoſing that Heaven ſtands open to all
,
T hat tend on their Pray’rs when the Saints Bell doth call;
Where inſtead of ſubſtance there's nothing but froth,
Much like the proud Prelates, ſo is this their Broth.
VI.
}
All theſe do indeavour as much as they may,
To back the baſe Biſhops from day unto day:
The Papiſts allist them, and rather then fail,
The Devil will help them, that he may prevail.
It makes for his Kingdom to ſtand for them both,
I mean the proud Prelates and their Common Broth.
VII.
Againſt this rude Regiment there doth appear,
Some Troops of couragious hearts, that will not fear
T'incounter this Rabble, in miſchief profound,
* Hark how they cry down with them, down to the Ground; ;
The Papiſts and Prelates away with them both,
For we will have none of them, nor of their Brotb.
* Thie Strects
rung again
with theſe
Crics.
VIII.
And theſe are no baſe ones as ſome do ſuggeſt,
But of the King's Subjects indeed are the beſt,
Endeavouring the good both of Kingdom and State,
Whatever Baal's Prieſts, and proud Prelates do prate;
Who for the love which they bear unto ſloth,
Do labour to hold up their Luke-warm Broth.
IX.
Then let all good People take Courage indeed,
So that they from Anti-Chriſts Toak may be freed;
And ſeeing that Libertie's gaind by the Scots,
Let Engliſh-men ſeek far't, it may be their Lotts :
Then joyn bands together, and fear not their wrath,
But cry down the Prelates, and spew out their Broth.
X.
)
1
Their pride and preſumption muſt needs have a fall,
Their wicked devices for Fudgment doth call ;
Their hatred of Holineſs, and love of Sin,
Will work their deſtruction, which now doth begin :
Their Curbing the Goſpel will kill their own growth,
Go Toll the Bell for them, and eke for their Broth.
Nor were they who pretended to be Poets on the other ſide idle, but
pelted them with Rolands much like the others Olivers ; I will give
the
1
1
.
1
from the Scotch Rebellion to the King's Murther. .809
the Reader but Two or Three Stanza's of a Litany, leſt I ſurfeit him January,
of this ſort of Mechanick Wit, which yet wanted not Truth.
I 641.
1
1
From all diſembling Sep’ratiſts, and thoſe
That ſnuffle their unlearned Zeal in Proſe,
As if the way to Heaven was through the Noſe,
Liberà nos, &c.
From thoſe that dare work ill in every Seaſon,
And are ſo far from Sanctity or Reaſon,
They dare believe there's Piety in Treafor.
Libera nos, &c.
From them which nothing but falfe Rumors Rear,
And likewiſe thoſe which lend ſuch Men an Ear,
Who publiſh for a Truth all which they hear,
Libera nos, &c.
From thoſe indiff'rent Men that know no Guide,
Who are from their Allegiance ſo wide,
That come what will
, they'l take the ſtrongeſt fide,
Libera nos, &c.
But the number of the Malicious and Seditious Pamphlets did far ex-
ceed thoſe that had any thing honelt in them: And how trivial ſoever
ſuch things may appear, yet it is incredible what miſchief they do, and
what Impreſſions they make upon the credulous Vulgar ; and it may
be a piece of Policy not misbecoming the wiſeſt States-men, to obviate
ſuch Arts, as ſeeming little, yet are of ſuch univerſal dangerous influ-
ence upon the lower Ranks of People, whoſe hands act thoſe miſchiefs,
which the more cunning lieads of the Faction contrive; and I know
not any one thing that more hurt the late King then the Paper Bullets
of the Preſs; it was the Scandalous and Calumniating Ink of the Fa-
ction that from thence blackned him, and repreſented all his Words and
Actions to the miſguided People, who would difficultly have been per-
ſwaded to ſuch a horrid Rebellion, if they had not been firſt prepoſlef-
ſed by the Tongues and the Pens of the Faction, of ſtrange and mon-
ſtrous Deſigns, which they ſaid the King and his evil Councellors the
Biſhops and Malignants, who were all by theſe Pamphlets ſtiled Papiſts
and Atheiſts, had againſt their Lives, Liberties, and Religion.
But I crave the Reader's pardon for this ſeeming digreſſion, and now
let us purſue our Voyage through this Tempeſtuous New Year.
The King, that the whole World might ſee how ſollicitous he was in
every thing for the deplorable State of Ireland, which the Faction were
ſo far from relieving in good carneſt, that they were angry at the bea-
ting up of Drums for Volunteers for that Service, iſſued out his Royal
Proclamation for the ſuppreſſing of thoſe Rebels, as follows.
By the King.
7 Deceas divers lefud and wirked Perſons, have of fate rilen or for the cap.
in Rebellion in Dur Kingdom of Ireland; ſurprized divers Rebellion in
of Duc Foạts and Caſtles, pofteñed themſelves thereof; ſurprized Ireland, Jap. I.
Vol. II.
LIII1 2
ſome
..
I
1
A Proclamati.
1641.
1
}
*
"
810 An Impartial Collection of all the memorable Events
Fanuary, ſome of Dur Harriſons ; polleſſed themſelves of ſome of Dur Gaga-
1641. zins and unition ; dilpoſſeſſed many of Dur Gwd and Loyal Sub-
jeas of the Britiſh J2ation, and Poteſtants of their Voulis and
Lands; robbed and ſpoiled many thouſands of Dur god Suvjeas of
the Britiſh Nation, and Proteſtants of their Guds, to great Wallies;
Daffacred Dultitudes of them; impưiſoned many others, and ſome
who have the Donor to ſerve Us, as privy Counſellors of that Duc
Kingdom: We therefoże having takeli, the came into Dur Royal con-
lideration, and abhoring the wicked Difloyalty, auid horrible ads com-
mitted by thoſe Perſons, do hereby not only declare Dur juſt Indig-
nation thereof, but alſo do declare them, and their Adherents and
avettors, and all thoſe who Mall hereafter joyn with them, od commit
the like Ads, on any of Dur god Subjects in that kingdom, to be Re-
bels and Traitors againſt Duit Royal Perſon, alid Enemies to Dur
Royal Crown of England and Ireland.
and Cue do hereby ftrialy Cyarge and Command all thple Perſons
who have ſo preſumed to riſe in Arms againſt Us, and Dur Royal All-
thority, which we cannot otherwiſe interpret, then Acts of bish Re.
bellioni, and deteſtable. Dilloyalty, when therein they ſpoil and deſtroy
Dur gwd and loyal Subjects of the Britiſh Nation, and Proteſtants,
that they do ininiediately lay down their
Arnis, and foybear all further
ads of boftility, wherein if they fail, que do let theni klow, That
de have authorized Dyr Juſtices of Ireland, and other Duc Chief
Governod of Governors, and General, oj Lieutenant General of Dur
army there, and do hereby accoldingly require and authorize them, and
every of them, to proſecute the ſaid Rebels and Traitous with fire
and Swold; as Perſons who by their high Dilloyalty againſt Us,
their Lawful and undoubted King and Sovereign, have made thein.
ſelves unworthy of any Mercy 02 Favour ; wherein Dur faid Jutti-
ces, 02 other Chief Governo, Ol Governous, and General of Lieutenant
General of Dur faid Ariny, mhall be colintenanc'd and ſuppozted by Us,
and by Dur powerful Succois of Dur good Subjects of England and
Scotland, that ſo they may reduce to Dbedience, thoſe wicked Diffur-
bers of that Peace, which by the bleſſing of God, that Kingdom hath
ſo long and ſo happily injoyed, under the Government of Dur Royal
Father and Us, and this Dur Royal Pleaſure, We do hereby re-
quire Dur Juftices, oj other Chief Governog od Governois of that
Dur Kingdom of Ireland, to cauſe to be publiſh't and Proclaimed in
and throughout Dur faid Kingdom of Ireland.
Given under Our Signet, at Our Palace at Westminster, the firſt
day of January in the Seventeenth Year of Our Reign 1641.
God ſave the King.
Munday,
The King at his laſt being in Scotland, had gained Informations there
January 3.
of the ſecret Intrigues of the Faction, and their contrivances to pro-
mote the Scottiſh Invaſion and Rebellion ; and that they were Medita-
ting the ſame Courſe in England: And therefore this day the Lord
Keeper Signified to the Houſe of Lords, That he was commanded by the
King to let their Lordſhips know, that his Majeſty hath given Mr. Áttor-
ney General Command to Acquaint their Lordſhips with some Particulars
from him.
Hereupon Mr. Attorney ſtanding at the Clerks Table, faid, That the
King had commanded him to tell their Lordſhips, that divers Great, and
Treafonable!
.
#
1
1
.'
.
liit
!
from the Scotch Rebellion to thë
King's Mürther
. 81
Treaſonable Deſigns and Practices againſt him and the State, have come Fanúary,
to his Majeſties knowledge, for which the King bath given him Command
I 641.
in his Name to Accuſe; And did Accuſe ſix Perſons of High Treaſon,
and other High Miſdemeanors, by delivery of the Articles in Writing,
which he had in his hand, which he received from his Majeſty; and
was Commanded to deſire your Lordſhips to have it read: In which
Articles the Perſons Names, and the Heads of the Treaſon were con-
tained. Which Articles were Commanded to be read, and were in
theſe words:
1
THE
&c.
Articles of High Treaſon, and other High Miſdemeanors againſt
the Lord Kymbolton, Mr. Denzil Hollis, Sir Arthur Haſlerigg,
Mr. John Pym, Mr. John Hampden, and Mr. Will. Strode.
(I.)
Hat they have Traiterouſly endeavoured to Subvert the Fundamental Articles of
Laws and Government of the Kingdom of England, to deprive the High Treaſon
L.
King of his Royal Power, and to place in Subjects an Arbitrary and Tyran- againt the
nical Power over the Lives, Liberties and Eſtates of his Majeſties Liege Denzil Hollis,
People.
(II.)
That they have Traiterouſly endeavoured, by many Foul Aſperſions, up-
on his Majeſty and his Government, ta Alienate the Affections of his peo-
ple, and to make his Majeſty odious unto them.
(III)
That they have endeavoured to draw his Majeſties late Aimy: to dif-
obedience to his Majeſties Command, and to ſide with them in their Trai-
terous Deſigns.
(IV.)
That they have Traiterouſly Invited and Encouraged a Forreign Power,
to Invade his Majeſties Kingdom of England.
(v.)
That they have Traiterouſly Endeavoured to Subvert the Rights, and
very being of Parliaments.
(VI:)
That for the Compleating of their Traiterous Deſigns, they have en-
deavoured, so far as in them lay, by Force and Terror to compel the Par-
liament to joyn with them in their Traiterous Deſigns; and to that End
have Actually Raiſed and Countenanced Tumults againſt the King and
Parliament.
(VII)
And they have Traiterouſly Conſpired to Levy, and actually have Levied
War againſt the King.
After which Mr. Attorney declared, That he was further charged to
defire certain things on his Majeſties behalf
.
1.) That a Select Committee of Lords may be appointed to take the
Examinations of ſuch Witneſſes as the King will produce in this buſineſs,
as formerly hath been done in caſes of the like Nature , according to the
Fuſtice of this Houſe; and this Committee to be under a Command of Se.
creſy as formerly.
1
F
(2.) And
!
812 An Impartial Collection of all the memorable Events
January, 2.) And his Majeſty Commanded him to ask Liberty to add and al-
*1 6 41 ter, if there ſhould be cauſe according to Juſtice.
( 3.). By the like commandement be deſired, that their Lordſhips
would take care for the ſecuring of the Perſons, as în Juſtice there ſhould
be Cauſe.
:
him;
Hereupon the Lord Kymbolton being preſent in the Houſe, offered
himſelf to obey.whatſoever it ſhould pleaſe this Houſe to Impoſe upon
and what courſe their Lordſhips would pleaſe to take with him,
he would ſubmit thereunto, but as he had a Publick Charge, fo he de-
ſired he might have a publick Clearing.
Hereupon it was ordered, That this buſineſs ſhall be taken into Com-
ſideration by a Committee of the whole Houſe, and to conſider whether this
Accufation of Mr. Attorney General of the Lord Kymbolton and others of
High Treaſon and High Miſdenieanors, be a Regular proceeding accor-
ding to Law; and whether there were any ſuch Proceedings ever before in
this Houſe; and whether an Accuſation of Treaſon may be brought into
this Houſe by the Kings Attorney againſt a Peer of Parliament; and
whether any perſon ought to be Committed to Cuſtody upon a general Accu-
ſation from the King, or the Houſe of Commons, before it be reduced into.
Particulars. And theſe Lords following were appointed Committees to
peruſe and conſider of Preſidents and Records, concerning the aforeſaid
Particulars, and Report the fame to the Houſe. Lord Steward, Lord
Chamberlain, Earl of Bath, Earl of Southampton, Earl of Warwick, Earl
of Briſtol, Earl of Holland, Mr. Şerjeant Whitfield, and Mr. Serjeant
Glanvile, Aſſiſtants, their Lordſhips, or any five of them to meet, and
ſearch Records, when and where they pleaſe.
After this a Petition of the twelve Bilhops that are Impeached by the
Houſe of Commons of High Treaſon, was read, Defiring that they may
have Council Aligned them by this Houſe, to adviſe them in their defence ;
and in particular ; They deſired theſe Councellors following.
Mr. Lane, the Princes Attorney, Sir Thomas Gardner, Recorder of
figned for the London, Mr. Herne, Mr. Chute, Mr. Fountain, Mr. Hales, Mr. Trevor,
Biſhops.
who were thereupon by the Lord Aſſigned to be of Council, for the
Biſhops.
· It was alſo Ordered, That this Houſe layes no reſtraint upon any Mem-
ber of this Houſe ; but any Peer may go and ſee the Biſhops in the Tower
if he pleaſe.
Then the Houſe Ordered, That ip regard of the.many Occaſions at this
preſent , the Houſe cannot take the Propoſitions brought last from the
Scotch Commiſſioners, concerning Ireland, into So Speedy Confideration, as
the Necellity of the Kingdom requires. That the Lords Commiſſioners do
Treat with the Scotch Commillioners about the ſaid Propoſitions, and
bring them to as low Terms and Conditions as they think fit for this Houſe
to grant, and to Report the ſame to the Houſe
.
The King in Proſecution of his Impeachment of the aforeſaid Gentle-
men of the Houſe of Commons , 'had Commanded their Chambers,
Studies and Trunks to be Searched and had Iſſued out Warrants for
their Apprehenſion, in order to bring them to a Fair and Legal Tryal ;
but this Procedure did fo fire and Irritate the Faction, that they fell to
Voting and out-cries of the Breach of Priviledge of Parliament, as if
thoſe very Walls had been a Protection againſt Treaſon; as indeed they
afterwards proved. For it was Immediately Reſolved, &c. That the
ſeveral
Counſel AR-
1
1
.
i
1
PT
KA
Vores concern.
break open
Trunks, Doors
C.
1.
)
from the Scotch Rebellion to the King's Murther. 813
ſeveral Parties now Sealing up of the Trunks or Doors, or Seizing the January,
Keyes of Mr. Pym, Mr. Hollis, or any other Members of this Houſe, that 1641.
the Serjeant ſhall be informed of, Jhall be fort hwitli Apprehended and
brought hither as Delinquents ; and that the serjeant fall baze Power to ing Scaling of
open the Doors, and to break the Seales off from the Trunks.
Reſolved, &c. That Mr. Speaker ſhall Illie a Warrant directed to
the Serjeant at Armes, attending on this Houſe, to the Effect of the Or-
der abovefaid.
Reſolved, &c. That if any Perſons whatſoever ſhall come to the Lody-
ings of any Member of this Houſe, and there do offer to Seal the Trunks,
Doors, or Papers of any Members of this Houſe; or to Seize
ироп
iheir
Perſons, that then ſuch Members ſhall Require the Aide of the Conſtable,
to keep ſuch Perſons in Safe Cuſtody, till this Houſe do give further Or-
der ; and this Houſe doth declare, That if any Perſon whatſoever Mall
offer to Arreſt or Detain the Perſon of any Member of this Houſe, with-
out first acquainting this Houſe therewith, and receiving further Order
from this Houſe ; that it is lawful for ſuch Member, or any Perſon Af-
hifting him, to ſtand upon his ard their Guard of Defence, and to make re-
Jiſtance according to the Proteſtation, taken to defend the Priviledge of
Parliament.
And Mr.Walter Long was ſent up with a Meſſage to the Lords for a conference a.
Conference, by a Committee of both Houſes, touching the Breach bout Breach
of Priviledge of Parliament; which the Lord Keeper Reported as
of Priviledge
In Sealing Stu-
follows.
dics, G.
That the Houſe of Commons apprehended the Parliament to be the
great Council, and the Repreſentative Body of the Kingdom, and both
Houſes are but one Body of the Realm ; the Priviledges are as the Walls
and Sinews of the Parliament, which being cut, Deſtruction will ſpeedily
follow.
That both Houſes have lately taken a Proteſtation for the Maintainance
of their Priviledges, Perſons and Goods, a High Breach whereof is at this
Inſtant; for divers Members of the Houſe of Commons have their Per-
Sons Alaulted, and laid in wait for, their Chambers, Studies and Trunks
have been Ranſacked and Sealed up; as Mr. Hollis, Mr. Pym, and Mr.
Hampden : Beſides, the Houſe of Commons underſtands, that there are
Guards of Souldiers ſet near the Parliament Houſes, as at White-Hall;
which being done without conſent of the Parliament, they hold it to be a
Breach of the Priviledges of Parliament: The Houſe of Commons there-
fore deſires their Lordſhips would joyn with them, in an Humble Deſire
to his Majeſty, that the Guards at White-Hall may be removed; and that
the Parliament may have ſuch a Guard as ſhall be approved of by the King
and both Houſes of Parliament. And alſo the Houſe of Commons deſires
their Lordſhips to joyn with them to V'indicate the Breaches of the Privi-
ledges of Parliament ; and if a Guard cannot be obtained, then they deſire
their Lordſhips to take into Confideration, to Adjourn to another place,
where they may fit in Security.
Whereupon, it was Ordered by the Lords, That all Chambers, Studies
and Trunks, that are Sealed up, or Locked belonging to Mr. Hollis
, Mr.
Pym, Mr. Hampden, or to any Members of Parliament, Mall be fort)-
with unſealed and unlocked, and left to their free vſe and Diſpoſe.
And it was likewiſe Ordered, That this Houſe will joyn with the Houſe
of Commons, in an bumble Petition to his Majeſty, to deſire ſuch a Guard
as himſelf and both Houſes of Parliament ſhall approve of ; and the ſame
is
I
1
NL
..
)
r
Arms.
i
814 An Impartial Collection of all the memorable Events
January, is to continue ſo long, as the King and both Houſes of Parliament shall think
1 6 41. fit. And the Lord Steward and the Lord Chamberlain w'ere appointed
to attend the King from both Houſes of Parliament, with the aforeſaid
Order concerning Guards, and humbly to deſire his Anſwer therein.
In the Commons Houſe immediately after this Conference, Mr. Fran-
cis a Serjeant at Arms ſending in Notice, That he was Commanded to
The King de-
mands the five deliver a Meſſage from his Majeſty to Mr. Speaker, he was called in to
Members by a the Bar without his Mace, and there he delivered this Meſſage.
Serjeant ac
I am Commanded by the Kings Majeſty my Maſter upon my Allegiance,
that I ſhould come, and repair to the Houſe of Commons, where Mr.
Speaker is, and there to require of Mr. Speaker, five Gentlemen, Mem-
bers of the Houſe of Commosis; And that theſe Gentlemen being delivered,
I am commanded to Arreſt them in his Majeſties Name of High Treaſon;
Their Names are, Mr. Hollis, Sir Arthur Haſlerigg, Mr. Pym, Mr.
Hampden, and Mr. William Strode.
Whereupon, Mr. Chancellor of the Exchequer, Lord Falkland, Sir
Philip Stapelton, and Sir John Hot ham, were appointed to attend his
Majeſty, and to acquaint his Majeſty, That this Meſage from his Ma-
jeſty is a matter of great conſequence, it concerns the Priviledge of Par-
liament, and therein the Priviledge of all the Commons of England; That
this Houſe will take it into conſideration, and will attend his Majeſty
with anſwer in all Humility and Duty, with as much Speed, as the great-
neſs of the Buſineſs will permit : And in the mean time, this Houſe will
take Care that thoſe Gentlemen mentioned in the Meſſage, ſhall be ready
to Anſwer to any Legal Charge laid againſt them. And Mr. Speaker did
by Command of the Houſe enjoyn theſe five Members
, particularly one
by one, to give their attendance on this Houſe, de die in diem, till the
Houſe take fürther Order.
But notwithſtanding all their fair words, how much they intended to
abide a fair and legal Tryal, a little patience will inform the Reader, for
immediately Sir William Flemming and another Gentleman, who had
in obedience to the Kings Warrant, Sealed up the Stadies and Trunks of
thoſe five Members, were apprehended by Mr. Speakers Warrant , as
Delinquents, and ordered to remain in the Serjeants Cuſtody till further
Order
Meſſage about
the King,
A Meſſage was alſo this day ſent up to the Lords by Mr. Strode, to
Qucen, and deſire their Lordſhips, That whereas upon the Requeſt of the Houſe of
Commons their Lordjhips have agreed with the Houſe of Commons, that
vaprs taking
the Servants belonging to the King, Queen, Prince, or to any of the Kings
premacy, &c. Children, fall according to the Law, take the Oaths of Supremacy and
Allegiance ; the Houſe of Commons deſire that the Lord Keeper may be
Ordered to Iſſue forth Writs for that purpoſe, to Perſons of Honour , to
Tree it done accordingly.
Next, that their Lordſhips would jnyn with them, to take a Courſe that
the Colledge of Cappuchin-Friers at Sommerſet-Houſe may be Diſolved;
And laſtly, That tleir Lordſhips would move his Majeſty, that the ſeven
Romißh Prieſts Condemned in London, may be Executed according to
the Laws. To which the Anſwer of the Lords was, That they will take
the firſt part of the Mel'age into Confideration in convenient time. To the
Second, Their Lordſhips agree, and will ſend to move the King in it. And
that they have already ſent to the King concerning the Execution of the
Seven Prieſts.
4
3
.!
1
1
Princcs Ser-
Oaths of Su-
And
1
7
be dif-
from the Scotch Rebellion to the King's Märther. 8.15
And accordingly the Lord Steward, and the Lord Chamberlain were January,
appointed to attend the King, and move him from both Houſes of Parli- 164 1.
ament, That theColledge of Cappuchins at Soinmerſet-Houſe
may
folved.
I cannot find the following Speech in the Journal, and by its being
addreſſed to Mr. Speaker, and not to their Lordships, as is uſual in
Speeches made in the Lords Houſe, I am apt to ſuſpect, the Publiſher
not well verſed in matters of that Nature, and that it may be a Sur-
reptitious Copy. But whether it were Spoken by his Lordſhip or not,
it was made Publick and Printed under his Name; and did all the Miſs
chief a Real Speech could have done, in Exaſperating the Multitude a-
gainſt the King, upon this Occaſion; And the Biſhops who were cer-
tainly to be loaded with their ſhare of the Obloquie, in whatever went
croſs to the Faction. The Speech was thus :
A Judicious Speech, made by the Right Honourable the Lord Kymbolton
in Parliament, Jan. 3. 1641. Concerning the Articles of High Trea-
fon, exhibited againſt his Lordſhip, Sir Arthur Haſlerig, Mr. Pym;
Mr. Stroud, Mr.Hollis, and Mr. Hampden, by His Majeſty.
Mr. Speaker,
The Lord
1
Here hath already been ſo much ſpoken by the other Gentlemen; concern-Sprecht upon
ing this Accuſation of High Treaſon, even ſufficient, as I conceive to clear his Impeach-
us all that are Impeached, that I know not what to ſay more touching the fame : ment, Fantary
Onely under favour give me leave, to ſpeak what I conceive of the cauſe of the 3. 1641.
procúring of this Accuſation, the Authors that procured it, and of the effects
which I perceive will follow upon the ſame.
Mr. Speaker, It is not long ſince this Honourable Houſe accuſed of High
Treaſon the Twelve Biſhops, for their Illegal and Trayterous attempt in their
Petition and Proteſtation againſt the King and Parliament. Theſe Gentlemen
with my ſelf and others, having the proſecution of that buſineſs, and other
Charges of great Crimes againſt them committed to our Truſt, did unanimouſly
with one conſent follow the ſame;bringing to a period our Debates and Diſputes
concerning their Crimes, what we conceived they were guilty of upon their
feveral Charges, and what guilty of for framing and preferring their Petition
and Protestation to His Majeſty, that they were guilty of Miſpriſion of Treaſon.
upon their former Accuſations; and guilty of High Treafon upon this their
laſt deſign: And theſe our Votes and Concluſions (grounded and warranted,
not only by the Common Laws of this Land, but by divers Acts of Parliament,
and Preſidents) we preſented to the whole Houſe for Coriſideration and Con-
firmation of the ſame by general Vote, with whom we again agreed by our pub-
lique Votes, and thereupon they were Impeached and Committed ; This, I
conceive, provoked their malice againſt us, and was the principal cauſe of this
their Plot in drawing an Accufation againſt us for the ſame Crime of Treaſon,
thereby to make us ſeem as vile as themſelves, and to take away our Votes at
their Tryal. And thus I have joyn’d together both the Cauſe and the Authors
of this Accufation.
The Effects, I conceive, will be dangerous, and cauſe great Trouble in theſe
reſpects :
1. In turning the Current of the Parliaments Proceedings againſt them upon
us, by which device they ſhall have further time to put in practice their Plots,
and bring to perfection their purpoſes againſt the Parliament.
2. That being buſily, imployed concerning this buſineſs, in their diſputes
about breach of Priviledg of Parliament in illegal accuſing the Members there-
of, in drawing a Declaration to his Majeſty concerning the ſame, in appeaſing
Vol.II.
Mmmmm
him,
1
***
.
7
i
816 An Impartial Collection of all the memorable Events
January, him, by ſhewing the ſincerity and integrity of the Parliament toward his Ma-
1 64 1. jeſty, and other things pertinent thereunto, this High Court may lay aſide their
Proceeding, and avert their Purpoſes, touching the Iriſh Affairs, whereby the
Rebellion there may increaſe, and forraign Aid brought to them, to the utter
loſing of that Kingdom.
1
3. Many Fears and Troubles will ariſe in the Citizens concerning this Ac-
cuſation,of deſperate and devilliſh Stratagems in agitation,as well againſt theni
as the Parliament by diſconfolate and diſaffected perſons, to the Safety and Se-
curity thereof, cauſing their continual Watching and Guarding by their Trai-
ned Bands, which will be to them a great Charge and Moleſtation.
4. It will incourage ill-affected and pernitious Cavaliers, and Commanders
about Court, to attempt any miſchief againſt both Houſes of Parliament or par-
ticular Members thereof, upon the leaſt opportunity that ſhall be offered them,
thinking thereby they ſhall do the King good ſervice, which otherwiſe they dare
not adventure, to put in practiſe.
5. And laſtly, It will provoke and ſtir up a diſlike of theſe deſigns in the
Hearts of all his Majeſty's Subjects, and diſaffection to his Sacred Perſon,cauſe
great Uproars, and Tumults of the Citizens; yea, and I fear a general Inſur-
rection in the Kingdom, if not ſuddainly prevented, which God forbid.
And thus, Maſter Speaker, having nothing more to ſay concerning theſe Ar-
ticles, I humbly crave of this Honourable Houſe, That I may have Expedition
in my Tryal, upon the ſame; and that all things done by this Wife Councel;
may tend to the Honour and Glory of Almighty God, the Peace and Safety of
His Sacred Majeſty and all his Kingdoms.
Tueſday,
Fan. 40h.
1
truny
1
:
ܪ
+
A Meſſage was this day brought up from the Houſe of Commons by
Sir John Hotham to deſire a preſent free Conference, if it may ſtand
with their Lordſhips conveniency, by a Committee of both Houſes,
touching the ſafety of the King and Kingdom, and the Privileges of both
Houſes of Parliament.
The Lord Keeper Reported the effect of the Conference, which was,
To move the Lords again to joyn with them, bumbly to move his Majeſty
that the Guards at White-Hall may be diſcharged, and to vindicate the
Priviledges of Parliament ; and they do reiterate their deſires of Teſter-
day upon theſe Reaſons.
(1.) The Houſe of Commons have received freſh Informations, that
divers Gentlemen have made their Addreſles to the Gentlemen of the
Inns of Court, and have dealt with them to come Armed to White-Hall,
when they ſhall be required, yet they have not condeſcended thereto.
(2.) The Houſe of Commons have met with a ſcandalous Paper, as was
publiſhed abroad, which contained Articles of High Treaſon againſt the
Lord Kymbolton, &c. The Houſe of Commons deſires their Lordſhips
would joyn with them to find out the Authors, and to bring them to con-
dign puniſhment, for ſo high a breach of the Priviledges of Parliament.
But nothing at this time was Reſolved of.
In the Commons Houſe, the Lord Faulkland reported the King's An-
fwer to the Meſſage of this Houſe delivered to his Majeſty laſt night:
That his Majeſty asked them, whether the Houſe did expect an Anſwer ?
They replied, they had no more in Commiſſion to ſay, but only to deliver
the Meſage : The King asked them as private Perſons, ivljat
they thought
of it? They ſaid, they conceived the Houſe did expećt an Anſiver ; but
bis Majeſty was informed the Houſe was up, ſo he ſaid he would ſend an
Anſwer this Morning, as ſoon as this Houſe was ſet ; but in the mean time
+
4
be
.
..
1
'Inith
IN
1
1
I 641.
f
Nervgate.
4
quent.
the Inos of
from the Scotch Rebellion to the King's Murther 817
he Commanded them to acquaint the Houſe, that the Serjeant at Arris Fanuary,
did nothing but what he had directions from himſelf to do.
Mr.Whiitaker Reported from a Committee at Guild Hall, That an Mir. Toby Wood
Information was Exhibited upon Oath by one John Bricker, againſt Mr. comraited to
Toby Wood, for Seditious and Treaſonable Words ; whereupon he was
committed to Newgate by Order of the Committee at Guild-Hall.
Allo a Vote paſſed, That Sir William Killegrew be forthwith feüt for Sir Wil. Kitle
as a Delinquent, by the Sergeant at Arms attending on the Houſe.
Then Mr. Smith, Mr. Ellis, Mr. Hill, Mr. Brown, and Sir Richard Meſſage to the
Vivian, were appointed to go to the ſeveral Inns of Court, and to ac- Gentlemen of
quaint them, That this Houſe hath taken notice of the Practice of some Court:
Gentlemen, that have endeavoured to engage the Gentlemen of the Inns of
Court to be in readineſs upon all Occaſions, to come down to the Court if
they ſhould be required ; That this Houſe hath ſent for the Gentlemen
that were with them as Delinquents ; and do believe that their Crime
will prove to be of an high Nature. And further to inform them, That
the Parliament is, and will be upon all occahons as ready to defend his
Majeſties Perſon as any others; and they are to inform them, that the
Cauſe of ſending to them, is not any diffidence they have in them, but to
adviſe them from any Practices that they ſhall be moved unto.
And that upon this occaſion put the whole City into an uproar, It Meffage to the
was Ordered, That Alderman Soams, Alderman Pennington, and Mr. Councils
Venn do repair to the Common-Council of the City of London, when they
are ſitting ; and to acquaint them with the Information this Houſe recei-
ved, what Practices have been uſed to the Inns of Court; and thoſe
other Informations of the like Nature that have been given to this Houſe,
of the Preparations of Armed Men about White-Hall; and thoſe other
Preparations at the Tower : And to inform them, in what danger the Para
liament, the Kingdom, and the City is in,
It was alſo Ordered, That Mr. Whittaker, Sir Robert Pye, and Mr.
Pury do preſently repair to the Houſe of the Marqueſ de Neuf-ville, and
ſee if his Houſe be furniſhed with Warlike Ammunition, as the Houſe is
informed.
Memorandum, Mr. Hollis, Mr.Pym, Sir Arthur Haſlerigg, Mr. Hamp- The s Mem-
bers appear.
den, and Mr. Strode appeared to day according to thie Injunction of the
Houſe.
in the Journal
And I find among the Prints of that time a Speech of Mr. Hampden's,
upon the occaſion of his Impeachment, which confirms this Memoran-
dum, which was as followeth.
1
ance Entred
1
1
Mr. Speaker,
T is a true Saying of the Wife Man, That all things happen alike to all Men, Mr. Hampdens.
as well to the good Man as to the bad; There is no ſtate or condition what- Speech in Vins
ſoever, either of Proſperity or Adverſity, but all ſorts of Men are ſharers himſelf againſt
in the ſame; no man can be diſcerned truly by the outward appearance, whe- his Impeach-
ther he be a good Subject either to his God, his Prince, or his Country, until ment, an. 46
he be tryed by the Touchſtone of Loyalty : Give me leave, I beſeech you, to
parallel the Lives of either fort, that we may in ſome meaſure diſcern Truth
from Fallhood, and in ſpeaking I ſhall ſimilize their Lives.
(1.) In Religion towards God. (2.) In Loyalty and due Subjection to their
Soveraign; in their Affection towards the Safety of their Country.
1641.
.
Vol. II.
M m m m m 2
(1.) Con-
HU.
11
1
1
r
'm
1
818 An Impartial Collection of all the memorable Events
January,
(1.) Concerning Religion, the beſt means to diſcern between the True and
1 641.
Falſe Rcligion, is, by ſearching the Sacred Writings of the Old and New Teſta-
mcnt ; which is of it ſelf pure, indited by the Spirit of God, and written by
Holy Men, unſpotted in their Lives and Converſations; and by this Sacred
Word may we prove, whether our Religion be of God or no: and by looking
in this Glaſs, we may diſcern whether we are in the Right Way or no.
And looking into the fame, I find that by this Truth of God, that there is
but one God, one Chriſt,one Faith, one Religion, which is the Goſpel of Chriſt,
and the Doctrine of the Prophets and Apoſtles.
In theſe two Teſtaments is contained all things rieceſſary to Salvation ; if
that our Religion doth hang upon this Doctrine and no other ſecondary Means,
then it is true; to which comes, neareſt the Proteſtant Religion which we pro-
feſs, as I really and verily believe, and conſequently that Religion which joyn-
eth with this Doctrine of Chriſt and his Apoſtles; the Traditions and Inven-
tions of Men, Prayers to the Virgin Mary, Angels Saints, that are uſed in the
Exerciſe of their Religion, ſtrange and Superſtitious Worſhipping, cřinging,
bowing, creeping to the Altar, uling Pictures, Dirges and ſuch like cannot be
true, but Erroneous, nay devilliſh, and all this is uſed and maintained in the
Church of Rome, as neceſſary as the Scripture to Salvation ; therefore is a falſe
and Erroneous Church, both in Doctrine and Diſcipline, and all other Sects
and Schiſms, that lcans not only on the Scripture, though never fo contrary
to the Church of Rome, is a falſe worſhipping of God, and not the true Reli-
gion. And thus much concerning Religion, to difcern the truth and fallhood
thereof.
(2) I come now, Mr. Speaker,to the ſecond thing intimated unto you, which
was how to diſcern in a ſtate between good Subjects and bad, by their Loyalty
and due Subjection to their Lawful Sovereign; in which I ſhall, under favour,
obſerve two things.
(1.) Lawful Subjection to a King in his own Perſon, and the Commands,
Edicts, and Proclamations of the Prince and his Privy Council
.
(2.) Lawful Obedience to the Laws, Statutes and Ordinances made, Enacted
by the King and the Lords with the Free Conſent of his Great Council of State
aſſembled in Parliament.
For the Firſt; To deny a willing and dutiful Obedience to a Lawful Sove-
raign and his Privy Council, (for as Cambden truly faith, The Commands of the
Lords, Privy Councellors, and the Edi&ts of the Prince is all one, for they are inſepa-
ruble, the one never mithout the other,) eicher to deford his Royal Perſon and
Kingdoms againſt the Enemies of the fame, either publique or private; or to
defend the Antient Priviledges and Prerogatives of the King, pertaining and
belonging of Right to his Royal Crown and the maintenance of his Honor and
Dignity; or to defend and maintain true Religion Eſtabliſhed in the Land,
according to the truth of God, is one ſign of an Evil and Bad Subject.
Secondly, To yield Obedience to the Commands of a King, if againſt the
true Religion, againſt the Ancient and Fundamental Laws of the Land, is an-
other ſign of an ill Subject.
Thirdly, To reſiſt the Lawful Power of the King, to raiſe Inſurrection
againſt the King, admit him adverſe in his Religion, to Conſpire againſt his
Sacred Perſon, or any wayes to Rebel, thô Commanding things againſt our
Conſciences in Exerciſing Religion, or againſt the Rights and Priviledges of
the Subject, is an abſolute ſign of a Diſaffected and Trayterous Subject.
And now having given the signs of diſcerning Evil and Diſloyal Subjects, I
ſhall only give you in a word or two, the Signs of diſcerning which are Loyal
and Good Subjects, only by turning theſe Three Signs already ſhewed, on the
(1.) He that willingly and chearfully endeavoureth himſelf to obey his So-
veraign's Comniands for the Defence of his own Perſoni and Kingdoms, for
the Defence of True Religion, for the Defence of the Laws of his country,
is a Loyal and good Subject.
(2.) To deny Obedience to a King commanding any thing againſt Gods
true Worſhip and Religion, againſt the Ancient and Fundamental Laws of the
Land, in endeavouring to perform the ſame, is a good Subject.
(3.) Not
't
1
0
contrary ſide.
style
fa
!
1
>
from the Scotch Rebellion to the King's Mürtber. 819
(3.) Not to reſiſt the Lawful and Royal Power of the King, to raiſe Sedition Fanuary,
or Inſurrection againſt his Perſon, or to ſet Diviſion between the King and his
I 641.
good Subjects by Rebellion, although commanding things againſt Conſcience
и w
in the Exerciſe of Religion, or againſt the Rights and Priviledges of the Sub-
ject, but patiently for
the ſame to undergo his Prince's Diſpleaſure, whether
it be to his Impriſonment, Confiſcation of Goods, Baniſhment or any other Pui-
niſhment whatſoever without Murmuring, Grudging or Reviling againſt his
Soveraign or his Proceedings, but ſubmitting willingly and chearfully himſelf
and his Cauſe to Almighty God, is the only ſign of an Obedient and Loyal Sub-
ject.
I come now to the Second Means to know the difference between a good
Subject and a bad, by their Obedience to the Laws, Statutes and Ordinances
made by the King with the whole conſent of his Parliament. And in this I
obſerve a twofold Subjection in the particular Members thercof,diffènting from
the General Votes of the whole Parliament. And zly, the whole ſtate of the
Kingdom to a full Parliament.
1
1
Firſt I confeſs, If any particular Member of a Parliament although his Judgé
ment and Vote be contrary; do not willingly ſubmit to the reſt, he is an ill
Subject to the King and Country.
Secondly, To reſiſt the Ordinance of the whole State of the Kingdom, either
by ſtirring up a diſlike in the Hearts of his Majeſties Subjects of the Proceed-
ings of the Parliament, to endeavour by levying of Arms to compel the King
and Farliament to make ſuch Laws as ſeem beſt to them; to deny the Power,
Authority, and Priviledges of Parliament ; to caſt Aſperſions upon the fame,
and Proceedings, thereby inducing the King to think ill of the fame, and to be
incenſed againlt the ſame; to procure the untimely Diſolution and Breaking
off of the Parliament before all things be ſettled by the ſame, for the Safety and
Tranquillity both of King and State, is an apparent ſign of a Trayterous and
Dilloyal Subject againſt his King and Country.
And thus having troubled your Patience, in ſhewing the difference between
true Proteſtants and falfe, Loyal Subjects and Traytors, in a State or Kingdom,
and the means how to diſcern them, I humbly deſire my Actions may be com-
pared with either, both as I am a Subject, Proteſtant and Native in this Couns
try, and as I am a Member of this preſent and happy Parliament; and as I ſhall
be found guilty upon theſe Articles Exhibited againſt my ſelf and the other
Gentlemen, either a bad or a good Subject, to my Gracious Soveraign and Na-
tive Country, to receive ſuch Sentence upon the ſame, as by this Honourable
Houſe ſhall be conceived to agree with Law and Juſtice.
1
It is prodigious to ſee with what Confidence ſome Perſons durft ap-
peal to God and Man, and certainly ex ore tuo, may mcft truly be appli-
ed to this unhappy Gentleman, who by his future Actions upon his own
declared Principles, proved himſelf to be that ill and diſloyal Subject,
whom lie doth here take ſuch Pains to delineate; nor is it leſs remark-
able, that as he was one of the firſt, who was in Actual Hoſtility againſt
the King, ſo contrary to his own avowed Declaration here, ſo was he
one of the firſt, who fell in that unnatural Rebellion, receiving his
mortal Wound, in a Skirmiſh near Chinner in Bucks, upon the fame
Turf, where he had aſſembled the County to frame thoſe Petitions,
which firſt led the Nation into Sedition, and afterwards into down right
Rebellion: from whence Poſterity may learn, what little Credit is to
be given to the deepeſt Proteſtations of Loyalty, and Aſſeverations of
Innocence of ſuch Perſons, whoſe Guilt has driven to diſpair of any other
Security from the Puniſhment of their ill Actions, but what is to be hop-
ed from doing Worſe; and that the Profeſſions of Loyalty in luch Caſes
,
are but purely to palliate and hide their Guilt from the view of the
World,
1
:
8:20 An Impartial Colle&tion of all the memorable Events
Fanuary, 1. World, and to avoid the horrid Imputation of Treaſon, a Crime which
1641. becauſe it is naturally deſtructive of humane Society, is univerſally.the
hatred of Mankind.
Mr. Brown, who was one of thoſe ſent to the Gentlemen of the Inns
of Court; Reports from the Gentlemen of Lincolns-Inn, That they went
to the Court firſt upon a general Report, that his Majeſties Perſon was in
danger.
This Afternoon his Majeſty came in Perſon to the Houſe of Com-
móns, and having Seated himſelf in the Speaker's Chair, he ſpake as
followeth.
11
Speech in the
Houſe of Com.
1
Gentlemen,
The King's Am ſorry for this occaſion of coming unto you : Teſterday I ſent a Ser-
jeant at Arms upon a very important occaſion, to apprehend ſome that
mons concer=" by My Command were Accuſed of High Treaſón ; whereunto I did ex-
ning the five peet Obedience, and not a Melage. And I muſt declare unto you here,
Members,
Jan. 4, 1641.
That albeit 10 King that ever was in England ſhall be more careful of
your Priviledges, to maintain them to the utmoſt of His Power, then I
Jhall be ; yet you muſt know, that in caſes of Treaſon, no Perſon hath a
Priviledge : And therefore I am come to know if any of thoſe Perſons that
were. Accuſed are here.
For I muſt tell
you, Gentlemen, That ſo long as thoſe Perſons that I have
Accuſed for no ſight Crime, but for Treaſon ) are here, I cannot exa
pect that this Houſe can be in the right way that I do heartily wiſh it :
Therefore I am come to tell you, that I muſt have them wherefoever I find
them.
Well, ſince I ſee all the Birds are flown, I do expect from you, that
you fall ſend them unto Me, as ſoon as they return hither. But I aſſure
you in the Word of a King, I never did intend any force, but ſhall pro-
ceed againſt them in a Legal and fair way, for I never meant any
other.
And now ſince I ſee I cannot do what I came for, I think this no unfit
occaſion to repeat what I have ſaid formerly; That whatſoever I have
done in favour, and to the good of My Subjects, I do mean to maintain
it.
I will trouble you no more, but tell you, I do expect, as ſoon as they do
come to the Houſe, you will ſend them to Me ; otherwiſe I muſt take My
Own courſe to find them.
1
7
..
So ſoon as his Majeſty was gone, the Faction in the Houſe was all
in a flame ; and after the heats were a little over, it was Reſolved upon
the Queſtion, That this Houſe ſhall Adjourn it ſelf till to morrow at One
of the clock.
There was not any one Action of which the Faction made greater
advantage, then this of his Majeſties coming to the Houſe in Perſon to
demand the five Members; the Faction blew the whole Nation into a
blaze, with their Out-cries upon it, and it did not eſcape odd Interpre-
tations, even from thoſe who profeſſed themſelves his Friends. It is but
juſt therefore that we ſhould hear his Juſtification, which I cannot
give the Reader better then from his own Incomparable. Pen. Which
therefore take as follows.
11
5
5
1
My
-
.
Wh4
top
ic
IC
M
(C
CC
CC
CC
(C
(G
CC
from the Scotch Rebellion to the King's Mürther.
821
Fanuary,
Y going to the Houſe of Commons to demand Juſtice upon 16
I 641.
the five Members, was an Act which my Enemies loaded with
*Erxx
all the Obloquies and Exaſperations they could; it filled indifferent kinds upon this
Men with Jealouſies and Fears; yea, and many of my Friends reſen- Majeſties go-
(ted it, as a Motion riſing rather from Paſſion then Reaſon, and not ing to the H.
guided with ſuch diſcretion as the touchineſs of thoſe times required : to demand the
But theſe Men knew not the juſt Motives and pregnant Grounds, five Members.
with which I thought my ſelf ſo furniſhed, that there needed nothing
to ſuch Evidence as I could have produced againſt thoſe I charged,
ſave only a free and Legal Tryal, which was all I deſired.
“ Nor had I any Temptation of diſpleaſure or revenge againft thoſe
Mens perſons, further then I had diſcovered thoſe, as I thought, un-
“ lawful Correſpondencies, they had uſed, and ingagenerits they had
made, to embroil my Kingdoms : of all which, I miſſed but little to
have produced Writings under ſome Mens own liands, who were
the chief Contrivers of the following Innovations : Providence would
not have it ſo; yet I wanted not ſuch Probabilities as were ſuffici-
ent to raiſe Jealouſies in any King's heart, who is not wholly ſtupid,
and neglective of the Publick Peace, which to preſerve by calling half
a Dozen Men in a fair and Legal way, which God knows was all My
deſign, could have amounted to no worſe Effect, had it ſucceeded,
" then either to do Me and My Kingdom Right, in caſe they had been
“ found Guilty,or elſe to have cleared their Innocency, and removed My
Suſpicions, which as they were not raiſed out of any Malice, ſo nei-
ther were they in reaſon to be ſmothered.
" What flames of Diſcontent this ſpark, though I ſought by all ſpeedy
" and poſſible means to quench it, foon kindled, all the World is Wita
“ neſs; the Aſperſious which ſome Men caft upon that Action, as if I
had deſigned by force to aſſault the Houſe of Commons, and invade
their Priviledge, is ſo falſe, that as God beſt knows, I had no ſuch
intent ; fo none that attended Me, could juilly gather from any
thing I then ſaid or did, the leaſt intimation of any ſuch thoughts.
That I went attended with foine Gentlemen, as it was no unwon-
ted thing for the Majeſty and Safety of a King, ſo to be attended,
eſpecially in diſcontented times ; ſo were my followers at that time
" ſhort of My ordinary Guard, and no way proportionable to hazard a
Tumultuary conflict : Nor were they more ſcared at my coming,
" then I was unaſſured of not having ſome affronts caſt upon Me, if
I had none with Me to preſerve a Reverence to Me : For many Peo-
ple had ( at that time ) learn’d to think thoſe hard thoughts, which
they have ſince abundantly vented againſt Me, both by Words and
Deeds.
“ The Sum of that buſineſs was this ; Thoſe Men and their adhe-
rents, were then looked upon by the affrighted Vulgar, as greater
Protectors of their Laws and Liberties then My Self, and ſo worthier
of their Protection : I leave them to God and their own Conſciences,
2 who if guilty of evil Machinations, no preſent
Impunity, or Popular
Vindication of them, will be Subterfuge fufficient to reſcue them
from thoſe Exact Tribunals ; to which, in the obſtructions of Juſtice
among Men, we muſt Religiouſly appeal, as being an Argument to
us Chriſtians, of that after unavoidable Judgment, which ſhall re-
judge what among Men is but corruptly decided, or not at all.
'
C
(C
C6
I en-
1
(2
822 An Impartial Collection of all the memorable Events
January, " I endeavoured to have prevented, if God had ſeen fit, thoſe future
I 6 4 I.
Commotions which I foreſaw, would in all likelihood follow ſome
Mens activity, if not reſtrained, and ſo now hath done, to the un-
doing of ſo many thouſands, the more is the Pity : But to over-
aw the freedom of the Houſes, or to weaken their juſt Authority,
by any violent impreſſions upon them, was not at all My Deſign;
I thought I had ſo much Juſtice and Reaſon on My ſide, as ſhould
not have needed ſo rougli aſſiſtance ; and I was reſolved rather to
bear the Repulſe with Patience, then to uſe ſucli hazardous Extremi-
ties. So far the Royal Martyr.
1
CC
Lords con-
This day in the Forenoon, as I have it in one of the printed Diurnals,
which I give in the Writers own Words, his Majeſty went to the Guild-
Hall attended with divers of the Nobility, and there demanded like-
wiſe his Priſoners, giving order for their Apprehenſions ; and then
went to Dinner at one of the Sheriffs, where he was Royally Feaſted,
and towards the Evening he was attended by the Lord Mayor and
Aldermen, as far as Temple-Bar homewards ; who returning, were
ſet upon by ſome rude Perſons, my Lord Mayor being pluckt off his
Horſe, and ſome of the Aldermen; and forced to go home on foot,
having other abuſes offered them. This is related by one of the per-
mitted Writers of thoſe times, from whence it is plain how govern-
able a ſort of People theſe pretended Zcalots were, and are, for ſuch
they were who were the Authors of all theſe diſorders, Presbyterians,
Independants, Anabaptiſts, and the other Anomalous Schiſmaticks,
who put this affront upon the Magiſtracy of the City, purely out of
their ſpightful Zeal, for their paying this reſpectful Duty to His Ma-
jeſty.
A Meſſage was this Day brought from the Houſe of Commons by Mr.
Wedneſday, Nathaniel Fienes.
Fanuary 5.
Meltage to the
(1.) To acquaint their Lordſhips, Tkat yeſterday the King did come to
the Door of the Houſe of Commons, with armed Men, and came into their
cerning the
King's coming Houſe in Perſon, when the Houſe Sat, and demanded ſome of their Members,
to the Houſe. which they conceive is a high and great Breach of the Priviledges of Parlia-
ment, therefore they thought it fit to give their Lordſhips notice of it, as
a Breach of Priviledg, for it may concern this Houſé likewiſe.
(2.) The Houſe of Commons renew their former deſire to their Lord-
ships to jyn with them to Petition bis Majeſty, that the Parliament may have
a Guard, for to ſecure them, as ſhall be approved of by the King and both
Houſes of Parliament.
(3.) The Houſe do let their Lordſhips know, That they have appointed
a Committee to fit at Guild-Hall in London, and have alſo appointed the
Committee for Iriſh Affairs to meet there.
Hereupon, It was Ordered, That the Lords Committees for the Iriſh
Affairs, Mall meet in this Houſe, when the Houſe riſes, and ſhall have Po-
wer to adjourn themſelves from time to time, and from Place to place as they
ſhall
ſee Cauſe.
The Biſhops who were ordered to put in their Anſwer unto their Im-
peachment upon
the 7th of Fanuary, were this Day ordered to put in
their faid Anſwer upon Wedneſday the Twelfth of January, and not be.
fore:
After which the Houſe was Adjourned till the Eleventh of January.
In
r
.
1
1
.
:
„
A
)
1
from the Scorch Rebellion to the King's Murther. 823
In the Commons Houſe, It was ordered, That the Doors be locked, Januany,
and the Key brought up, and the outward Rooms cleared of all Perſons, but 16.41.
Servants to Members of the Houſe ; and that no Member do offer to go out
without leave : and alſo, that ſome Members do fend forth their Servun's
,
to ſee what Numbers of People are repairing towards Weſtminſter, and to
bring notice to this Houſe.
Then Mr. Glyn. Sir Philip Stapleton, Mr. Whitlock, Sir Henry Vare, ju
Mr. Grimston, Sir John Hótham, Serjeant Wild, Mr. Fiennes, Mr. Bellaſis
and Sir Walther Earl, were appointed as a Committee preſently to retire
into the Committee Chamber, and to conſider of ſome way for vindi-
cating the Priviledges of Parliament, and for providing for the Safety of
both Kingdoms, and preſent it to the Houſe with all ſpeed.
The Queſtion was then put, Whether a Committee ſhall be named by
this Houſe to fit in Guild-Hall in London, the Houſe was divided.
Mr. Herbert Price,} Tellers for the No‘{ 86.
Mr. Kirton.
Mr. Cary,
} Tellers for the Tea { 170.
Mr. Arthur Goodwinn.
Whereupon, It was Reſolved, &c. That à Committee ſhall be named by
this Houſe to fit at Guild-Hall, and all that ſhall come to have Voices at
this Committee.
That this Committee ſhall have Power to direct and appoint ſuch Monies
to be paid, as ſhall be neceſary.for the Troops at Cheſter.
That the Committee for Munſter ſhall have power to fit when they will and
to put in Execution all ſuch Propoſitions, as are already agreed upon by both
Houſes of Parliament.
Then this following Paper drawn by the forementioned Committee A Paper con-
was read, and afterwards Voted.
cerning his
Majeflies
Whereas his Majeſty in his Royal Perfon, Testerday being the 4th of coming to the
Jan. 1641. did come to the Houſe of Commons, with a great multitude of Houſe of Com-
Men, Armed in a War-like Marner, with Halberds, Swords and Piſtols, cation of Pri:
who came up to the very Door of this Houſe, and placed themſelves there, vileges-& their
and in other Places and Paſages near to the Houſe, to the great Terror and adjournment
Diſturbance of the Members then thereof ſitting, and according to their Duty, Lorder.
in a peaceable and orderly Manner treating of the great Affairs of both King-
doms of England and Ireland ; and his Majeſty having placed himſelf in the
Speaker's Chair, did demand the Perſons of divers Members of that Houſe
to be delivered unto him.
It is this Day declared by the Houſe of Commons, That the ſame is
a high Breach of the Rights and Priviledges of Parliament, and inconfi-
Stent with the Liberty and Freedom thereof; And therefore the Houſe doth
conceive, they cannot with Safety of their own Perfons, or the Indemnities
of the Rights and Priviledges of Parliament, ſit here any langer, without a
full Vindication of ſo bigh a Breach of Priviledge, and a fufficient Guard,
wherein they may confide, for which, both Houſes joyntly, and
this Houſe by
it felf, have been humble Suitors to his Majeſty, and cannot as yet obtain.
Notwithſtanding which, this Houſe being very ſenſible of the great had occafia
Truſt repoſed in them; Eſpecially at this time of the manifold * Diſtra- oned.
&tions of this Kingdom, and the lamentable and diſtreſſed Condition of
the Kingdom of Ireland, doth Order, That the Houſe ſhall be adjoursed
until Tueſday next, at One of the clock in the Afternoon, and that à Com.
Vol. II.
Nnnnn
mittee
1
ܪ
* which they
1
1
1
1
.
1
..
A
1
The Commit
ted to fie-ac
Guild-Hall.
1
>
824 An Impartial Collection of all the memorable Events
January, (mittee to be named by this Houſe, and all that will come to have Voices,
1 6 4 1. Mall fit at Guild.Hall in the City of London to morrow Morning at 9 of
the clock, and ſhall have Power to conſider and reſolve of all things, that
may concern the Good and Safety of the City and Kingdom, and particularly
how our Priviledges may be vindicated, and our Perſons ſecured ; and to
conſider of the Affairs and Relief of Ireland, and
Mall have Power to ad-
viſe and
conſult with any Perſon or Perſons, touching the Premiſſes, and
ſhall
have Power to ſend for Parties,
Papers and Records.
And it is further Ordered, That the Conimittee for Iriſh Affairs, ſhall
meet at the Guild-Hall aforeſaid, at what time they ſhall think fit, and con-
.
ſult and do, touching the Affairs of Ireland, according to the Power former-
ly given them by this Houſe.
And that both of the ſaid Committees, ſhall report the Reſults of their
Conſiderations and Reſolutions to the Houſe.
Then it was reſolved upon the Queſtion, that it ſhall be thus Ordered.
tec appoin-
Mr. Chancellor of the Exchequer, Mr. Pierrpoint,
Mr. Glyn,
Mr. Walther Long,
Mr. Whitlock,
Sir Richard Cave,
L. Falkland, .
Sir Edward Hungerford,
Sir Philip Stapleton,
Mr. Grimſton,
Mr. Fiennes,
Sir. Chriſtopher Wray,
Sir Ralph Hopton,
Sir Benjamin Rudiard,
Sir John Hatham,
Sir John Hippeſley,
Sir Walter Earl,
Mr. Herbert Price,
Sir Robert Cooke,
Sir John Wray,
Sir Thomas Wallingham, Sir Thomas Barrington,
Sir Samuel Rolls,
,
Sir William Litton,
.
And this Committee are appointed by the former Order, and are to pur-
ſue the Directions of the former Order, and all that will come, are to have
Voices at this Committee.
Theſe Reſolutions following, being the Sum of what was agreed upon
cerning IY by the Committee of both Houſes, for Iriſh Affairs, were this Day pre-
land, to ex
ſented to the Houſe and read, and by Vote upon the Queſtion ordered
King's Stores accordingly:
That the Arms and Ammunition of all sorts, with the Ordnance at Car.
liſle be ſent into Ireland to Carrickfergus for Supply of thoſe parts of the
North of Ireland, and the Arms to be Ordered, as my Lord Lieutenant
Mall direct.
That for a further Supply of thaſe Parts, and for the Arming of thoſe
two Regiments under the Lord Conway and Sir John Clotworthy, that
there be ſent from the Tower 1000 Muskets, with Bullet and Match pro-
portionable, 1500 Swords, 10 Laſt of Powder; theſe Arms and Ammuniti .
on to be ſent thither, and ordered and diſpoſed of; as the Lord Lieutenant
thinks fit.
That 10 Laſt of Powder, with Bullets and Match proportionable, be ſent
from the Tower, to Munſter, to be delivered to the Lord Preſident of Mun-
ſter, or whom the Lord Lieutenant thinks fir.
That 2000 l: be ordered to be delivered to Sir William Brereton
upon
Account, for Payment of the 300 Horſe now at Cheſter, and for their tran-
Sportation, out of the Subſidies or Poll-Money.
That 30001. be aſſigned to be received in Cheſhire, or Wales, out of the
I
Orders con-
hauſt the
1
}
Subſidy
1
!
:
man
1
1 641.
ver.
T
1
from the Scotch Rebellion to the King's Muribër. 825
Subſidy or Poll-Money, by the Vittualler, for the preſent Relief of Dublin and | Fanuary,
Drogheda.
That 20001. be delivered to the Viktualler of Carrickfergus, who is
ready to ſet on the Work here; having a Ship at bis Clarges in the Ri.
The Commons had as a Committe láte at Guild-Hall in the Morn-
ing, where it ſeems there were great Debates concerning the Breach of
Priviledges ; upon which Subject, I find in the Prints of thoſe times fome
Speeches, enumerating ſome of the Priviledges of Parliament, at leaſt
then reputed fo, which whether they remain ſo ſtill
, I leave to the
deciſion of thoſe, who are concerned, The Speeches were as follows: ,
Mr. Speaker,
Here are no Courts of Judicature in this Kingdom of England, but they Mr. Grimſton's
have ſeveral Rights and Priviledges appertaining and belonging unto Speech at the
them; and have ſuch Power and Authority in the ſeveral Juriſdictions
Committee
of the ſame Offices, that they may call to an account; proſecute and bring to Guild-Hall
ſitting at
Judgment the Infringers and Breakers of the ſame.
Jan. s. con-
of all theſe Courts, there is none, yea put them all together, they are not cerning Breach
of ſuch Power and Juriſdiction, but inferior and ſubject to the Ordinances and of Priviledges,
Statutes of the High Court of Parliament.
Mr. Speaker, of ſuch awful predominancy is the very Name of a Parliament
to this Nation, that it ſtrikes with Terror and Deſpair all ſuch Evil Doers, as
are Male-factors in the State ; On the contrary ſide, it cheriſhes and comforts
the drooping ſpirits of men groaning under the Burden of Tyrannical Oppref-
fion inflicted on them unjuſtly and malicioully, by Unmerciful and Wicked
Men, that have Uſurped unto themſelves Places and Offices of Power and Au-
thority both in Church and State.
Mr. Speaker, This Great aud high court, is not only the Powerfulleſt of all
other Courts whatſoever, but the Prudenteſt and Wiſeſt,made and compacted,
not only of Men found in Religion,wellLearned,but Ripe in theirJudgmentscon-
tracted from all parts of this Kingdom, Elected & Choſen with the free con-
ſent of the whole body Politique of the Kingdom; this great and high Council
is not only of ſuch Power and Wiſdom, but indued and attended with the
moſt and greateſt Priviledges thereof, that not only the meaneſt of his Majeſties
Subjects, but the greateſt Perſonages of the Kingdom, are in danger, if in-
fringers of the fame; to be called in Queſtion, and by them puniſhed ; therefore
give me leave Mr. Speaker, to ſpeak fomewhat of the Priviledges in this parti-
cular incident, and appertaining to this Wife Senate, and in ſpeaking thereof I
ſhall obſerve theſe three particulars.
dr.
11
!
( 1.) The Rights and Priviledges belonging to the ſame, in the free Vores and
Judicature' thereof.
(2.) The Rights and Priviledges belonging to the Power and Juriſdiétion there-
of
( 3.) The Rights axd. Priviledges, in the Continuances thereof, being freely cal-
led and aſſembled
by his Majeſties Authority not to be diſſolved or broken off till all
things agitated therein for the good both of Church and Common-Wealth be fully con-
cluded and determined.
Firſt, Mr. Speaker, concerning the Priviledges of a Parliament, belonging
to the free Votes and Judicature thereof, I ſhall obſerve theſe three particulars.
Firſt, To ſpeak freely without Interruption or Contradiction in any Debate,
Diſpute or Argument, upn any buſineſs agitated in the ſame, being a Member
thereof, I conceive to be one Priviledge of a Parliament.
Secondly, Not to be queſtioned, or any ſuch free Diſpute, Argument or De-
bate to be taxed, or accuſed for the fame, either during the free ſitting thereof
or after, is anouier Priviledge of Parliament.
Thirdly, Freely to give Vote, Judgment or Sentence upon the Reading of
Vol. 11.
Nn ninn 2
any
he
1
1
1
-
1
.
+
}
826 An Impartial Collection of all the memorable Events
+
Fanvary, jany Bill to be niade a Law, or any Bill either of attainder, or other Charge
1 641. againſt Delinquents and Criminous Perſons againſt the State, at their Tryal
upon the ſame is a third Priviledge of Parliament.
Fourthly, To defend and Maintain the Free Vote, Judgments
and Sentences
of the whole Houſe, by Proteſtation, Remonſtrance or other Declaration, if
not conſented unto, or oppoſed by the Houſe of Lords, is a Fourth Privi-
ledge.
Fifthly, For any Member of the Houſe, not to be accuſed of any Crimc, or
Impeached for. Treaſon by any perſon whatſoever, during the continuance
of the Parliament, for things done in the ſame, without Legal Accufation, and
Proſecution of any ſuch Member by the whole Houſe, is another Priviledge of
Parliament.
Sixthly, Not to be apprehended upon ſuch Impeachment, or arreſted by
any Officer, or to have ſtudies broken open, their Books and Writings ſeized
upon
without conſent or Warrant of the whole Parliament is another Privi-
ledge of the ſame, and thus much, Mr. Speaker, ſhall ſuffice to be ſpoken con-
cerning the Priviledges and Rights of Parliament pertinent to the Subjects of
which I am to ſpeak.
I come now to the Second thing I propoſed to your Audience, which was
the Rights and Priviledges belonging to the Power and Juriſdiction of the Par-
liament, in which I ſhall obſerve
theſe particulars.
Firſt, to conſult, and conſider of what Laws are fit to be made and Enacted
in this Kingdom for the good Government thereof, is one Priviledge belonging
to the Power and Juriſdiction of this High Court.
Secondly,.to Juſtifie, or abrogate, repeal, make Void, to ratifie and Confirm,
Eſtabliſh and Maintain Laws, Statutes, and Ordinances, made and Enacted by
precedent Parliaments, by Councils of State, or other Courts of Judicature, is a
ſecond Priviledge pertaining to the Power and Juriſdiction of the Parliament.
Thirdly. To give Subſidies, to raiſe Taxes, to impoſe Loans and other char-
ges upon
the subject, is another Priviledge belonging to the Power & Jurif-
diction of the Parliament.
Fourthly to Accuſe or Impeach any Incendiaries or Delinquentsin this King-
dom of ăný Crime notorious, tending to the prejudice of his Majeſtie, or any
ofhis Loyal Subjects, whether it be for Treaſon or other wayes, be they Mem-
bers of the Parliament or no, is another Priviledge belonging to the Power
and Juriſdiction of the Parliament.
Fifthly and laſtly. To proſecute and bring to Judgment ſuch Perſons fo Ac-
cuſed or Impcached for any Crime whatſoever, is another Priviledge belonging to
the Power and Juriſdiction of this Court. And thus much of the Rights and
Priviledges belonging to the Power and Juriſdiction of a Parliament.
And now, Mr. Speaker, I come to the laſt thing I Mentioned to you, concer-
ning the Priviledges belonging to the Coritinuance and Free ſitting till all
things be concluded of for the Good Government of Church and State, in
which I ſhall alſo obſerve theſe particulars.
Firſt, that for a Parliament when Freely called and Aſſembled, by Royal Au-
thority, not to be to debate, or argue any one particular buſineſs appointed
by any perſon whatſoever, is one Priviledge belonging to the Continuance of
a Farliament.
Secondly, Not to break off, or diſſolve a free Parliament, until all the Grie-
vances and oppreſion of all his Majeſties Loyal Subjects be fully redreſſed and
Remedied, is a Second Priviledge belonging to the continuance of Parliament.
Thirdly, Not to break off, or diſſolve a Parliament, till all Incendiaries and
Delinquents in the State be brought to condigne puniſhment for their Crimes.
Fourthly and laſtly, To Accuſe or Impeach any Member of the Parliament
thereby to hinder and interrupt the Legal Proceedings thereof, in the Wei-
ghty Affairs of the Common-Wealth, is another Priviledge belonging to the
Continuance of a Parliament.
And thus having briefly declared to you, the Power and Juriſdiction of a
Parliament, above all other Courts of judicature in this Land ; the Wiſdom
1
and!
1
1
from the Scotch Rebellion to the King's Murther. 827
and Policy of a Parliament above all other Councils; the Rights and Pri- | January,
viledges of a Parliament in reſpect of the free Votes, and Judicature thereof; 1641.
the Power and Juriſdiction thereof; and the free continuance (thereof, I hum-
bly leave to the Conſideration of this Houſe, whether the accuſation of theſe
Gentlemen accuſed by hisMajeſty and the illegall breaking open upon this their
Accuſation, of thir Chambers, Truncks and ſtudies, be not a breach of ſome of
the Priviledges of Parliamentwhich I have Mentioned unto you.
I have nothing to ſay againſt the Real Priviledges of the High Court
of Parliament, but certainly that of a Parliaments ſitting, till all pretend-
ed Grievances are Redreſſed, which is tantamount to fitting perpetually
ſince there will be alwayes fuch Pretences, is ſo far from being a Real
Privilege of Parliament, that among all the Rolls and Records of our
Parliaments, there cannot be found one ſingle Inſtance of any Parlia-
ment, that pretended or laid Claim to ſuch a Privilege. And there
cannot be a more demonſtrative Agreement againſt this, then the very
Act which this Parliament obtained from the King, that they ſhould
not be diſſolved, or prorogued by the King, without their own Con-
ſent : which was a plain Confeſſion, that till his Majeſty had in this
Particular, by giving the Royal Aſſent to that fatal Bill, limited the
undoubted Power of his Prerogative, it was an inherent Right annex-
ed to the Imperial Crown of this Realm, that the King was the fole
Judg of the Calling, Continuance and Diſſolution of Parliaments. And
though ſome Şeditious Pens, and particularly the Apoſtate Author of
the Life of Julian che Apoſtate, have taken great Pains, to revive
and furbilh up this Opinion, and to reflect upon his preſent Majeſty,
as the Rebels of this Parliament did upon his Royal Father, for break-
ing up of fone Mutinous and Troubleſome Parliaments in the begin-
ning of his Reign; which plainly ſhews them to be of the Temper of
the ill Men of thoſe ill times, yet I think they ought to ſtay, before
they Preach this Doctrine to the People, for a true Privilege of Par-
liament, till they have got ſuch another Act of Perpetuation in one
Hand, and a Sword to maintain it in the other, which is the only Ar-
gument, that at long run ſuch Seditious People muſt have Recourſe
to; and I hope it may be ſome time before ſuch another Act will be
obtained, and longer before they can get the Power of the Sword to
maintain it.
And certainly were there no other Inconveniences, yet the diſmal
Effects, which the continuance of this Parliament brought upon the
King and Kingdom, to the intire Ruin of the Government, Laws, Li-
berty and Property of the Engliſh Nation, are ſufficient, to give all
Loyal and Honeſt Subjects very terrible Apprehenſions, not only of the
thing it felf, but that the Perſons who revive and propagate ſuch Opi-
nions, muſt have Deſigns, to compaſs and effect the ſame Miſchiefs over
again, which like an Inundation, drowned the Kingdom in Blood, by
the Breach of this Bank of Royal Prerogative, of the Kings being the
ſole Judg of the continuance and diſſolving of Parliaments.
Mr. Glyn's Speech upon this Subject was as followeth.
Mr. Speaker
E fit now upon that grand buſineſs of the Breaches of the Rights and
Mr. Glyn's
Priviledges of Parliaments, which are ſo many and great ; ſo careful-
Speech about
ly preſerved and defended; and having in former times ſeverely, pu- Breach of Pri.
niſhed the infringers thereof; that I had thought and conceived that no Subject, viledges, Fax.
of s. 1641.
W!
}
1
;
1
T
1
1
}
1
828 An Impartial Collection of all the memorable Events
January, of what degree or dignity foever, would either in their own perſons, or bymiſ-
1:641. informing his Majeſty concerning the ſame, would have preſumed to have in-
trenched in the leaſt meaſure, upon the free Liberty, Rights, and very Beings of
Parliaments, or tending to the Breach thereof. But, Mr. Speaker, I perceive the
perverſeneſs of divers perſons in places of Au:hority;that they dare not only pre-
ſume to provoke his Majeſty by their politick mif-informations, but dare attempt
of themſelves to reſiſt the lawful power both of the King, and his high Court
of Parliament.
Mr. Speaker, Theſe Men notwithſtanding they apparently perceive, that
their wicked practices and malicious deſigns, cannot take effect according to
their expectation, but are rejected and detected as well by his Sacred Majeſty as
his Lords, and his whole Council, dare venture to endeavour, by cafting afper-
fions, and ſpreading abroad evil reports ; not only of the Members, but of the
Proceedings of the Houſe of Commons, againſt them, and others of their Adhe-
rents, and Favourits in their wicked and deſperate Actions and Deſigns, againſt
their lawful Soveraign, and his Liege People.
I conceive, Mr. Speaker, did theſe perſons but remember the many, Preſidents,
yet excant of the juſt and deſeryed puniſhments, inflicted by former Parliaments,
upon ſuch Miſcreants, as witneſs the Arch-Biſhop of York, the Duke of Suffolk,
Chief Juſtice Belknap, and the reſt of that Conſpiracy, in the Reign of King Ed.
ward the Second, they would have prejudged to themſelves the like danger
would follow upon them, for their evil Actions.
Nay, Mr. Speaker, did theſe men but conſider with themſelves, the juſt judg-
ments of God, that have immediately lighted upon the necks of ſuch as have been
the troublers of Kingdoms and Common-wealth, whereof they have been Mem-
bers, as well recorded in Sacred Writ, as of late times in this Kingdom, yet ſtill
in freſh Memory, they would have laid their hands upon their Mouths and heares
when they went about to ſpeak or do any thing, tending to the diſhonour of
Almighty God, in innovating of his true Religion, corrupting the ſincere Do-
Atrine and diſcipline of Chriſt and his Apoſtles; as alſo any thing tending to
the diſhonour and perpetual deſtruction of his Royal Majeſty, ( however other-
wiſe they may pretend, the Fundamental Laws and Liberties of this Kingdom,
the Rights and Priviledges of Parliaments, and the very being thereof) but
ſurely, Mr. Speaker, they
are altogether benummed and ſtupified, their Conſci-
ences dead and ſeared, their Lives and Converſations altogether devoted to the
works of darkneſs and impurity; their deſires altogether ſenſual, carnal; and de-
viliſh, forgetting God, kicking and ſpurring with maliciouſneſs againſt all Piety
and Godlineſs, or elſe they would never have adventured to practice ſuch things,
as it is too too manifeſt they have done.
Mr. Speaker, I intend to be brief in that which I am to ſpeak, concerning the
Breaches of the Priviledges of Parliament.
Firſt, To inform his Majeſty of any Proceedings in the Houſe of Commons,
upon any buſineſſes whatſoever before they have concluded, finiſhed, and made
ready the ſame to preſent to his Majeſty, for his Royal Aſſent thereunto, is a
Breach of the Priviledges of Parliament. Secondly, To miſ-inform his Maje-
ſty, contrary to the Proceedings in Parliament,thereby to incenſe and provoke
him againſt the ſame, is a Breach of Priviledge of Parliament. Thirdly; To
caufe or procure any Information or Accuſation to be brought or preferred,with-
out the knowledge or conſent of the Parliament, into the Houſe againſt any of
the Members thereof, is a Breach of Priviledge of Parliament. Fourthly, To
apprehend any ſuch Accuſed, to impriſon their perſons; to ſeize upon their Goods
or Eſtates, to proſecute and proceed againſt them, to their Tryal.and Judgment,
to Condemn or Execute them upon ſuch Accuſation, without the conſent orada
vice of the Parliament, is a Breach of the Priviledges thereof. Fitchly. To en-
deavour to caſt an evil opinion of ſuch Members Accuſed, into the hearts of his
Majeſties Loyal Subjects, whereby they diſaffecting them, may be ready, and
willing to put in execution, any Command.or Warrant for their apprehenſion
and impriſonment, is a Breach of the Priviledges of Parliament Sixthly,
To come in open Parliament for any Officer or Serjeant, to demand and arreſt
any
ſuch Member accuſed, be it of high Treaſon or any other Crime whatſoes
without the knowledge of the whole Houſe, is a Breach of the Priviledges
ofll
:
1
3
142
ver,
1
11
*
-
......
829
1.6. 4 I.
from the Scotch Rebellion to the King's Murther.
.
of Parliament. Seventhly, to come to a Parliament fitting in free conſultation, January,
affifted and guarded with Armed Men, and with them be fitting the Houſe to
deniand as it were, Vi & armis, ſuch Members accuſed, is a breach of Priviledges
of Parliament.
Laſtly, to procure to be ſet forth, or to ſet forth, under bis Majeſties name,
any Proclamation or Declaration, prohibiting the repair of ſuch perſons accuſed
to the Parliament as Members thereof, and to apprehend them in what place foe-
ver they ſhall be found, without the advice and conſent of the whole Stace ar-
ſembled, and ſitting in free Parliament, is a manifeſt
. Breach of the Priviledges
thereof.' And this, Mr. Speaker, is all that I have to ſay, concerning this days
buſineſſes, humbly leaving the ſame, to the confideration of this Honourable
Aſſembly
!
Nothing now was to be ſeen but Noife and Tumult in the City of
London, nor to be heard but Breaches of Priviledge, and the Plots and
Deſigns againſt the Parliament: Infomuch, that the King feeing it was
abſolutely impoſſible to have any Juſtice done him againſt theſe Accu-
ſed Perſons, who were ſo ſurely intrenched in the Popular favour, that
they were out of the reach of the Law; and finding alſo, that he was
in perpetual danger of having his Perſon as well as Authority Expoſed;
to the daring affronts of the furious and incenſed Rabble, who ran up
and down in Multitudes, as if they had loſt their Wits as well as Loy-
alty : And therefore hoping that time having allayed their firſt füry,
they might be brought to Reaſon and Temper, by his withdrawing
himſelf, and declining the further proſecution of theſe Favourites of thie
Faction ; his Majeſty with the whole Court left White-Hall, and retired
firſt to Hampton-Court, and then to Windſor.
But it was ſo far from working thoſe Effects, that theſe low and des
generate Spirits, who are always given to inſult
, where they find a
yielding to their fury, attributing the King's departure to his fear, and
not to his diſcretion, they Triumphed as if they had already gained a
Victory: And, the declining of his further Proſecution of the Accuſati-
on, was urged as an invincible Argument of the Innocency of the Per-
ſons accuſed, and the defect of ſufficient Teſtimony to make good the
Charge ; when as in reality, though the King had, as doubtleſs he had,
and the World might have ſeen it, if all his moſt ſecret Papers had not
with his Cabinet fallen at Naſeby into thoſe hands, who knew how to
ſtifle whatever might diſcover their Deſigns : I ſay, though the King
had never ſo clear Evidence to make out his Charge againſt them,
yet at that time to have produced them, muſt have been only, to have
offered ſo many innocent Sacrifices, as he had Witneſſes, to the fury of
Popular Rage and Madneſs; and it is eaſie to conceive from the treat-
ment of the Attorney General, and the other Officers, who acted by the
King's immediate Warrant, what juſtice his Majeſty was to expect from
the Parliament, who were to be Judges of the Guilt, or Innocence of
thoſe Men, to whoſe Deſigns, and the Crimes of which they were accu-
ſed, the leading Men of the Faction in both Houſes were themſelves
Parties.
And now in this Interval of the Adjournment of the Parliament, the
Faction having notably beſtirred themſelves both in the City and Coun-
try, the accuſed Members, were, with an infinite Multitude of the Rab-
ble in and about the City and Suburbs, together with a ſtrong Guard
of Citizens, who carried the Proteſtation tied to the tops of their Pikes;
and ſeveral Troops of Volunteers, who inſtead of Feathers wore the Pro-
teſtation in their Hatts, conducted by Land and by. Water, with a thou-
fand
ز
1)
830 An Impartial Collection of all the memorable Events
January, fand wild Acclamations, and reſcated in the Houſes of Parliament at
1 6 41. Weſtminſter.
And that Poſterity may ſee how,and by what Arts, the Vulgar were
managed, I will here inſert one Sheet, Title and all of thoſe Pamphlets,
which were balled about the Streets, and poſted down into the Country
as a true Account of this Affair. It runs thus.
A
A true Relation, of the unparalelld Breach of Parliament by His Majeſty, on Tueſ-
day the 4th of January 1641, being inſtigated thereunto by unadviſed Councels,
under pretence of a Legal proceeding.
Together with a Relation of the Hoſtile Intention upon the Houſe of Commoris, by
Capain Hyde, and thoſe other Caviliers and Soldiers, that accompanied his ma-
jeſty in a Warlike manner, armed with Swords, Piſtols and Dragoons.
And alſo a Relation of the free and voluntary Ofers of the Trained Bands of the
City of London; of the Masters of Ships, Marriners and Seamen; of the Ap-
prentices of London; of the Trained Bands of Southwark, and of the Water-
Men upon the Thames, to defend the King and Perliament, againſt Malignant
Councels and Plots of Papiſts.
Likewiſe how certain Multitudes of Country-Men came to preſent their humble Peti-
tions to the Parliament.
.
1
A lewd Pam.
N Munday the third of this inſtant Month of January, his Majeſty by War-
O
rant under his own hand, authorized Serjeant Frances, Serjeant at Arms,
phlet of the
King's going to come to the Houſe of Commons, and there to demand Mr. Denzil Hollis, Sir
to the Houle of Arthur Haferigg, Mr. Pym, Mr. Hampden and Mr. Strowd, whom in his Maje-
Commons,&c. fties Name, he accuſed of High Treaſon.
JAN. 4. 1641,
The Houſe of Commons returned this Anſwer, That not only thoſe five
Gentlemen, but alſo every one of them would lay down their Lives and For-
tunes at his Majeſtie's Feet, ſo he would be but pleaſed to accuſe them in a le-
gal way, and make known the Cauſe of their Accuſation.
The next Day being Tueſday, his Majeſty (unexpectedly ) came to the Houſe
of Commons attended with a multitude of Perſons Armed as aforeſaid, and there
in the Speaker's Chair, demanded theſe five Perſons, ſaying, He expected yeſter-
day Obedience, and not an Anſwer. When his Majeſty a long time together had
caſt his Eyes round about the Houſe, and could not diſcern any of theſe Five
Members there, he was pleaſed to command Mr. Speaker to tell him if they
were there; the Speaker falling upon his knees, humbly beſeeching his Majeſty
to excuſe hin, for he was Servant to the Houſe of Commons, and could neither
ſee nor ſpeak without their leave.
His Majeſty diſcerning they were not in the Houſe, graciouſly departed; but
the bloody-minded Souldiers, ſome of whom ſtood near the Door of the Houſe
of Commons, with their Piſtols ready cock't, and their Swords crected in their
hands, expecting when the Word ſhould have been given with fearful Oaths ex-
preſled themſelves, That they loſt that they came for, the perſons were not there.
They miſt the opportunity of cutting their Throats and the Throats of all thoſe
Parliament-Men of the Houſe of Commons that would not have ſuffered theſe
Five Perſons to have been taken out of the Houſe, his Majeſties own Ser-
vants carrying themſelves Civilly, and indeed ignorant of the Trayterous De-
ſign.
As ſoon as theſe Damme Blades about the number of 400 were gone, the
Houſe of Commons, full of grief of Heart to ſee the Priviledges of Parliament
thus broken, adjourned in great diſcontent till Wedneſday the 5th of January, at
Two of the Clock, at which time they met, and concluded of an order to Ad-
journ the Houſe till Tueſday the 11th of January, 1641.. And in the mean time,
appointed a Committee of the Houſe of Commons to Sit in London, to conſider
of the Safety of the King, Kingdom and Parliament, and of repairing of the Pri-
viledges of Parliament ſo highly broken.
Which
1
1
1
1
4
HI
ed, as
from tbe Scotch Rebellion to the King's Murtber: 831
Which Meeting hath produced ſeveral Orders and Decalrations for main- Fantary,
taining the Priviledges of Parliament, which are to be reported to the Houſe,
G
and there to have its force.
But for the Safety of the Kingdom and City, which they conceived to be in
Imminent danger; the Committee for Iriſh Affairs of the Houſe of Commons pro-
pounded the conſideration thereof to the Committee of the Lords Houſe for Iriſ,
Affairs, who fate likewiſe in London, who in regard the King had denýcd both
Houſes a Guard to protect them; and in regard ſuch an Hoſtile plot was intend-
was apparently proved, declared their opinion, That whereas the King and
Parliament was in fo great danger ; that in that Cafe the Sheriffs of London and Mid-
dleſex ought to come with the Poſle Comitatus to the Parliament, to defend the King
and Parliament. To which Opinion the Committee of the Houſe of Commons af
ſented, which was communicated to the Lord Mayor, Aldermen and Cotrimon
Councel of London, and they delivered their opinions herein, and expreſſed
their forwardneſs hereunto.
This Breach of Priviledg of Parliament begot much diſcontent in the Parlia-
ment and People; and the more, in regard by ſpecial Command, the Articles
againſt Maſter Pym, and the reſt were Printed, and the fame publiſhed by Sir
William Killegrew and Sir William Flemyn, and delivered in his Majeſties Name
(as they falſely pretended) to the Four Inus of Court, to the end to make theſe
perſons the more odious to them and the Kingdom: 'And in regard the conſe:
quence of admitting this Accufation in this manner againſt theſe five perfons;
is a preſident to take away the whole Houſe of Commons at a breath, under
pretence of High Treaſon, if (as God forbid) an Accuſation of this Nature
Thould be hereafter ; and conſidering that to this very day, (11 Januar. 1641.)
no Articles of Impeachment is come into the Houſe of Commons by the King's
Attorney or otherwiſe, or from the Lords Houſe, (if any be there againſt them)
till which time that it come from thence by Meſſengers of their own.(if there
firſt depending) the Houſe cannot legállý take notice thercof: This, and ma-
ny other Reaſons, made the Houſe of Commons to inſiſt upon it, beſides the
great merit of theſe perſons whom (as the Houſe hạth declared) though as dear
as their Lives unto them, they will deliver over unto a Tryal, ſo as his Majeſty
will proceed againſt them in a Legal way, either at the Kings-Bench, or in Par-
liament, and produce any Subject in England that will ſtand to make good the
Accufation; and in caſe they fail to make it good that his Majeſty will let them
be forth-coming, and alſo to diſcover thoſe Wicked Counſels that have adviſed
him to this courſe, that they may be brought to condigne puniſhment.
The City and People in the adjacent Parts are ſo much moved in this buſineſs,
and fearing ſome ſuddain Execution may be done upon the Parliament (both the
Houſe of Peers, and Houſe of Commons, and the Lords of the Privy Councel,
having declared that this Act of his Majeſties without their Advice, and againſt
the Priviledges of Parliament) That they yeſterday declared, That Eight Com.
panies of the Trayned Bands, with 8. Pieces of Ordnance and divers Horſemen
mounted, ſhall Guard the Committees of the Houſe of Peers, and Commons from
Grocers-Hall in London to Weſtminſter ; And the Sea Captains, Maſters of Ships,
and Marriners with ſmall Barges
and Long-Boats ſufficiently Mann'd and Armed
with Murderers, Rablets, Faulchion and Minion, with Muſquet and ·Half-Pikes,
to the number of 2000 perſons have engaged themſelves to Guard the Parlia
ment by Water. The Trayned Bands in Southwark have offered themſelves.to
fecure all the
other ſide of the Water, and the Apprentices tendred their ser-
vices to attend the Parliament to the number of Ten Thouſand with Warlike
Weapons, but thoſe the Parliament enjoyned to ſtay at home. And 'láſtly, the
Watermen tendred their Barges for more Safety to carry the Parliament-men
by Water: All which, to the great admiration of all the Beholders, put in
Execution this day. And that which is moſt conſiderable; 4000 Horſemen are
come to the Houſe of Commons this day, except ſome of them which lay at Vx-
bridge and places thereabouts, with a Petition in the Name of the whole
County of Buckingham, That Mr. Hampden their Knight of the Shire may
receive his Tryal, and not lie under the name of High Treaſon, and cannot
obtain a Legal way of Tryal; and that if he acquit himſelf, (as no good men
make doubt of) Juſtice in a high meaſure may be done upon the falſe informers
Vol. II.
of!;
1
ооооо
-
1
-
..
om
1
832 An Impartial Collection of all the memorable Events
Fanuary,
of his Majeſty, low near or how great foever; They being confident that it is
but deſign of the Popiſh Party, to put an interruption in the Proceedings of
164 1. Parliament, that no Relief may be ſent to Ireland, but that more Proteſtant
Blood may be ſned there, and that all Axts made this Parliament, may be
avoided - under pretence of no Free Parliament: And laſtly, to force a Breach
of this Parliament, by an untimely Adjournment, or fayl of meeting through
fear of danger.
By this it will be eaſy to obſerve, how the People were deluded and in-
flamed into thoſe Heats and Commotions, which caſt this Nation ſo dear,
and by what wayes the popular Poiſon and and Contagion ſpread it ſelf
far and wyde, ſo as to become almoſt an Epidemical Diſeaſe throughout
the Kingdom; and will plainly demonſtrate how dangerous a Tool the
Preſs is, when the Hand of Faction.
And now let us take a view of their Actions, and how they demeaned
themſelves
, having got the Biſhops cooped into the Tower, and the King
Tueſday,
out of the Town, and themſelves triumphantly replaced at Weſtminſter.
Fan, 11. The Lord Lieutenant of Ireland Reported, That the Lords Commit-
fees for the Iriſh Affairs, have met in London, with the Committee of. the
Houſe of Commons, and have agreed upan Some Reſolutions, concerning the
Affairs of Ireland
(1.) That 2500 l. out of the Loan Money, be forthwith delivered to
Sir: Job Harvey, and Sir John Nulls,who bave undertaken to return it to
Cheſter, for the Paying, and Travſporting the 300. Men,now there to Dublin.
(2.). That 2000 l. more be paid to them, they having undertaken to give
Credit to Mr. Walter Froſt, Commiſary for the victuals.
The Committee of the Houſe of Commons told the Lords Commit-
tees, likewiſe, That they were now at the bottom of their Purſes, and for-
ás-much as the neceſity of providing Money, and of the Supply for the pre-
Sent relief of Ireland, requireth the Confideration of both Houſes of Par-
liament ; and for-as-much as they cannot fit in ſafety without ſtrong and
Sufficient Guards, from the City of London, and adjacent Parts; they de-
Vire the Lords Committees to jare with them, to conſider of a Way fór Se-
curing of both Houſes by Guards às aforeſaid, that they may come, and re-
turn, and remain in ſafety.
Hereupon the Lords Committees have Voted, That it is fit and
neceſſary that there ſhould be ſtrong and ſufficient Guards from the City of
London, and adjacent Parts, for the ſecuring of both Houſes, that they
may fit in ſafety.
Secondly, Their Lordſhips have Voted, That it is a legal way for the
Houſes to require the Sheriffs of Middleſex and London, to attend for
that purpoſe , with the Poſſe Comitatus, and that they will Report theſe
Votes to the Houſe of Commons accordingly.
And the Lords Committees meeting with the Committee of the Houſe
of Commons, the 10th. of this inſtant January, were of Opinion, That
Guards are neceffary to be placed, before the Committee for Iriſh Affairs
do fit at Weſtminſter; and for the manner of ordering of the Guards, they
referred it to the Common-Council of the City of London : And their
Lordſhips, will Report to the Houſe of Lords, That the placing of thoſe
Guards for the ſafety of the Iriſh Committee is in their opinion, an accept-
able ſervice to the Common-wealth.
Which Report being made, it was confirmed by the Houſe, and the
leveral Votes approved, and Ordered accordingly.
Then the Lord Steward Reported the Kings Anſwer touching the de-
fire of both Houſes concerning Guards, which Anſwer was read, in
theſe words :
We
.
;
:
1
H7
from the Scotch Rebellion to the King's Murther.. 833
January,
W
E having conſidered the Petition of both Houſes of Parliament I 6 4 1.
concerning a Guard, do give this Anſwer, That We will ſto
The Kings an-
Secure their Fears Command the Lord Mayor of London, to appoint liver concern.
200. Men out of the Train’d Bands of the City (ſuch as he will be anſwer-ing Guards.
able for, to vš) to wait on the Houſe of Parliament, that is to ſay, one
hundred on Each Houſe, and to be commanded by the Earl of Lindſey, it
being most proper to him, as being Lord Great Chamberlain, who by
his Place, hath a particular Charge of the Houſes of Parliament, and of
whoſe Integrity, Coarage and Suficiency none can doubt.
But the Faction of the Commons were reſolved to have no Guard of Order for a
the Kings, but one of their own appointment, for upon a Vote of the Guard of the
Commons to this purpoſe, it was ordered, That the Sheriffs of London Train’d Bands
and Middleſex, be hereby required to ſend two Companies of the Train’d manded by
Bands of the City of London and County of Middleſex, under the Con- Major Skippor.
duct of Serjeant Major Skippon, to attend both Houſes of Parliament
every day for ſecurity of the Parliament, until both Houfes do give order
to the Contrary.
Directed to the Sheriff of the City of London and Middleſex.
1
to any
1
A Meſſage was brought up by Sir Philip Stapelton, who brought up
á Bill which had paſſed the Houſe of Commons, Intituled, An Act de-
claring, That the Lords and Commons may Adjourn themſelves reſpectively
Place.
(2.) To let their Lordſhips know, that the Houſe of Commons are in-
formed, that there is at Hull a Magazin of Arms of the Kings, for 16000.
Men and proportionable Ammunition ; But in regard no great ſtrength is in
the Town, and that the Countrey about is full of Papiſts ill affected'; The
Houſe of Commons deſires their Lordſhips to joyn with them, that some
Companies of the Traind Bands, next adjoyning to Hull
, be fórthwith put
into that Town, for the Safeguard of that Town and the Magazin there,
and the ſaid Train’d Bands to be under the Command of Sir John Hotham
Knight, who hath the Command of that Town already by Patent from the
King.
Whereupon, it was Ordered, That ſome of the Train' d Bands of order for Sir
Yorkſhire neareſt to Hull in the ſaid County, under the Command of Sir John Hotbam
John Hotham Knight, ſhall with all ſpeed be put into the
Town of Hull
, for Town of Hull
.
the ſecuring of the Kings
, Magazin there, and the ſaid Town ; and hereof
the ſaid Sir John Hotham is, by Virtue of this Order, Commanded to
perform accordingly. And the ſaid Sir John Hotham is to Command the
Town and Forces therein ; and all Parties whom it concerns ſhall give their
Obedience unto the ſaid Sir John Hotham, and his Miniſters. And laſtly,
That Sir John Hotham, or whoever be ſhall appoint under him, ſhall not
the Town of Hull, or Magazin there, or any part thereof, with-
out-the Kings Authority Signified unto him, by the Lords and Commons
Aſembled in Parliament.
Directed, to Sir John Hotham the Elder.
The Vizor now began to drop off apace, for the plain Engliſh of this
and the former Order for a Guard, was that the King was only to have
the Name, but the two Houſes were to have the Subſtance of the Roy-
Vol. II.
000002
al
>
1
834 An Impartial Collection of all the memorable Events
- 4
1
An Ad for the
Lords and
Commons to
January, | at Authority. And certainly no men ever moved by more Regular
1641. Steps towards Rebellion ; they had pretty well Exhauſted his Majeſties
Stores for the Service of Ireland, and now they were reſolved to Secure
the Reſt; The Tower of London hung ſtill mightily in their Light; and
though the King had Diſplaced Lunsford, yet Sir John Byron the pre-
fent Lieutenant, who was a Perſon of great Loyalty, Courage and Gal-
lantry, was by no means agreeable to their Liking or Deſigns, and there-
fore the next attempt was to get quit of him, and a Confiding man, a
Creature of the Faction, placed in that Important Command, as we fhall
preſently ſee.
Then the Act, declaring that the Lords and Commons may Adjourn
themſelves reſpectively to any Place, was read twice, and after a ſhort
adjourn them- debate, a third time, and upon the Queſtion, it was conſented to, to
ſelves to any paſs as a Law.
place, paſſed
From whence it is obſervable, that even this Parliament who had
gotten an Act, that they ſhould not be Prorogued or Diſſolved without
their own Conſent, yet did not think they had Power without the Roy-
all Aſſent to an Act of Parliament, to Adjourn themſelves to any other
Place from Weſtminſter, whither they were by Writ Summoned to Af-
femble and Sit; and which likewiſe is a Conceſſion, that it was ſo ſolely
in his Majeſties Power, though not to Diſſolve them, yet to have Ad-
journed them to ſome other Place, leſs Factious and Troubleſom then.at
that time London was.
A Petition was preſented this day to the Lords from the Inhabitants
of Bucks, as follows:
the Lords.
To the Right Honourable the Houſe of Peers now Allem-
bled in PARLIAMENT.
The humble Petition of the Inhabitants of the County of Bucks. :
Bucks Petition
to the Lords,
Fan. 11.
1641.
T
SHEW ETH,
Hat whereas we 'hoped upon the happy Aſſembling of this preſent
Parliament, we should have had a ſpeedy Redreſs of thoſe Preſſures
we have for many Tears been under, but have been hitherto in great Mean
ſure Fruſtrated of your hopes , by the ſtrong Counter-working of a Maliga
nant Faction, whereby the perfecting of Reformation is hindred, the en-
deavours of the Houſe of Commons, in great part Succeſleſ; our dangers
grown upon us, by iterated Plots; Prieſts and other Delinquents unpuniſh-
ed, to the Encouragement of others ; Ireland loſt by protracted Councels,
while thouſands are there Butchered by many Cruelties; and to cut off all
hopes of future Reformation, the very being of our Parliaments endangered,
by deſperate and unexampled breach of Priviledges,which by our Proteſtati-
on lately taken, we are bound with our Lives and Eſtates to maintain :
And in refpečt of that late attempt upon the Honourable Houſe of Commons,
we are now come to offer our ſervice to that end, and reſolved in their juſt
defence to live and die.
And therefore humbly Pray, that this moſt Honourable Houſe will
Cooperate, with the Houſe of Commons, in moſt Speedy perfecting
the moſt neceſſary work of Reformation; bringing to condign and
Exemplary Puniſhment, both wicked Councellors and evil Plotters
and Delinquents; that Ireland may have ſpeedy relief; the Privi-
ledges
1
IL
14.
IM
HIEJ
from the Scotch Rebellion to the King's Murther. 835
ledges of Parliament fortified againſt all future Attempts; and the; January,
whole Kingdom put into ſure and preſent Poſture of Defence, that 1641.
live both Safe;from all Practices of the Malignant Party at u
home, and the endeavours of any ill affected States abroad,
And Tour Petitioners ſhall ever Pray, &c.
we may
oping
The Petitioners were called in again, and told, That ibis Houfe takes
well their coming, hither with their Petition, and their Care of the Pri-
viledges of Parliament, and the Kingdom of Ireland, for which this Houſe
gives them thanks, and their Lordſhips will take their Petition into con-
fideration. .
The Lord Keeper acquainted the Houſe, that he had received a com-
mand
from his Majeſty to attend him at Windſor, he received the permiſ-
fion of the Houſe to do it, and was ordered to acquaint his Majeſty with
the Order concerning Hull ; and likewiſe to move his Majeſty from both
Houſes, for his Royal Aſſent to three Bills which have paſſed both Houſes,
one for Preſling, of Marriners, another concerning Redeeming of Captives
at Algiers, and the third concerning the Power of both Houſes to Adjours
the Parliament.
The Lord Kymbolton moved, That if the Houſe thought the Proceed- LordKymbolton
ings againſt him Legal, that Mr. Attorney might be Commanded to Profe- moves to be
.
cute the Accuſation againſt him, for that if Mr. Attorney be ready to make
good the Charge againſt him, he is ready to anſwer it, and that he deſired
no further time. His own Innocency making him thus Confident, as he
ſaid, though it is ſhrewdly to be ſuſpected he had other Motives and
Reaſons, drawn from the Power and Prevalency of the Faction, which
gave him this aſſurance.
Howeyer Mr. Attorney was ſent for, who informed the Houſe, That
what he had done was by the Expreſs Command of the King his Maſter,
and not done by his Advice; that lie had attended the King to receive his
Majeſties further directions therein, who told him, when he went out of Town,
he would leave ſomething with the Lord Keeper, to acquaint this Houſe
further with concerning this Buſineſs: And that he had attended the Lord
Keeper to know whether the King had left any directions with him, who told
him, he had received none from his Majeſty, but that he was commanded to
attend his Majeſty Speedily.
Hereupon the Lord Kymbolton deſired the Houſe, That ſome ſpeedy
Courſe may be taken, that his Life, Eſtate, and Honour may be se-
cured.
A Meſſage was brought from the Houſe of Commons, by Sir Henry Mesſage coñ-
Vane, Junior, to let their Lordſhips know, That in regard of the great cerning the
Jealouſies and Diſtractions of the City of London, by Sir John Byron's be- Tower to re-
ing Lieutenant of the Tower of London, as appears by the Citizens ſhut- Byros:
move Sir John
ting up their Shops, and giving over Trade ; and in regard of the good
Affections Expréſed this day to the Parliament,the Houſe of Commons de
fires their Lordſhips to joyn with them to Petition the King , that Sir
John Byron may be forthwith removed
from being Lieutenant of the Tower,
and that Sir John Conyers may be recommended to his Majeſty for that
Place.
After much Debate of this Meſſage, it was put to the Queſtion, and Lords Diſfent.
it was Reſol·:ed, &c. That this Houſe thinks it not fit to joyn with the
Houſe
3
man
LE
:
in Anſwer.
Lords fent for
Houſe.
836 An Impartial Collection of all the memorable Events
January, | Houſe of Commons in an humble Petition to his Majeſty, for removing of
1 641. Sir John Byron Knt. from being Lieutenant of the Tower, and placing of
Sir John Conyers there.
Biſhops to put
The Biſhops were alſo ordered to put in their Anſwers to the Com-
mons Impeachment of High Treaſon, on Friday next.
The Lord'Chamberlain then acquainted the Houſe, That the King hath
Sent Command to his Lordſhip and the Earl of Holland, to attend his Ma-
jeſty at Hampton-Courg; but before they went, they deſired to know the
pleaſure of this Houſe, being bound by their Writs to attend the buſineſs
of the Kingdom.
Whereupon the Houſe Commanded the Lord Chamberlain , and the
by the King
Earl of Holland to attend this Houſe, and would not diſpenſe with their
not permitted Abſence, in regard of the many great and urgent Buſineſſes depending
in this Houfe.
It was the ſtrangeſt fortune in the World certainly, that theſe Men
of the Faction had, that when ever they ſtood in need of a Plot to coun-
tenance their deſigns, and to ſtir up the People to Sedition, ſome kind
Perſon or other, was ſure to furniſh them with one or more as there was
occaſion ; for this day in the very Critical Juncture of time, a Letter
was produced in the Houſe of Commons and there read, and immedi-
ately Communicated to the Houſe of Lords. The Letter were as fol-
lows:
To the Worſhipful and my much honour'd Friend Orlando Bridg-
man Efq; a Burgeſs of the Parliament, at his Chamber
in the Inner Temple, theſe préſent.
SIR,
E are your Friends; theſe are to adviſe you, to look to your ſelf,
and to adviſe others of my Lord of Strafford's Friends to take
heed, left they be included in the common Calamity : Our advice is to be
gone, to pretend buſineſs, till the great bubľub be paft ; withdraw, left you
Juffer with the Puritans: We intreat you to ſend away the incloſed Let-
ter to Mr. Anderton, incloſed to fome Truſty Friend, that it
may
ried ſafely without ſuſpicion, for it concerns the common ſafety. So deſire
your
Friends in Covent-Garden.
January 4th.
Two Letters of
a ſtrange Plor,
ſtrangely dif-
covered to the
Commons.
W
be
care,
A
The incloſed was directed, To the Worſhipful, and my
inuch
Honour'd Friend Mr. Anderton, theſe.
SIR,
Lthough many Deſigns have been defeated, yet that of Ireland holds
well, and now our laſt Plot works as happily as that of Ireland. We
muſt bear with ſomething in the main, His Will is ſtrong enough, as long
as he is fed with Hopes ; the Woman is true to us, and real, her Council
about her is very good, I doubt 'not but to ſend you by the next, very joy-
ful News : For the preſent our Arch-Enemies, Pym, Hampden, Strode,
Hollis and Haſlerigg are blemiſhed, charged for no leß then Treaſon;
before I write next doubt not but to have them in the Tower, or their
Heads from their Shoulders : The Sollicitor and Fiennes, and Earl, we
muſt ſerve with the ſame Sauce : And in the Houſe of Lora's, the Lord
Mandeville
L
:
1 64 1
he was that
forged this
from the Scotch Rebellion to the King's Mürther. 837
Mandeville is touched, but Elſex, Warwick, Say, Brooke, and Paget must Fanuary,
follow, or elſe we ſhall not be quiet : Falkland and Culpeper are made
Friends to our fide, at leaſt-wiſe they will do us no burt. The Proteſtants
and Puritans are ſo divided,that we need not fear them; the Proteſtants iš
great part will join with us,or ſtand Neuters while the Puritan is ſuppreſſed;
if we can bring them under, the Proteſtants will either fall in with us ge-
nerally, or elle if they do 120t, they are ſo indifferent, that either by fair
or foul means, we shall be able to command them. The miſchievous Lon-
doners, and the Apprentices may do us fome hurt for the preſent, but në
need not much fear them; they do nothing Orderly but Tumultuouſly,
therefore we doubt not much, but to have them under Command after
one brunt ; for our Party is ſtrong in the City, eſpecially Holbourn in
the new Buildings and Weſtminſter. We are afraid of nothing but the
Scots appearing again, but we have made a Party there, at the King's laſt
being there, which will hold their hands behind them, while we Âit our
part at home. Let us acquit our felves like Men, for our Religion and † The very
Country, Now or Never. The King's heart is Proteſtant, but our Friends ring puricana
can perſwade him, and make him believe any thing ; He hates the Pu- as
ritan Party, and is made irreconcilable to that ſide ; ſo that the Sun, the
Moon, and the Seven Stars are for us : * There are no leſs then 20000 Letter.
Miniſters in England; the greater half will in their places be cur Friends, untruth in fiat
to avenge the Biſhops diſhonour 3 let our Friends be incouraged, the work as to marrer
is more then half done.
of Nimber.
Your Şervant, R. E.
I cannot tell whether it will not appear equally ridiculous as the Let-
ters themſelves, to indeavour to manifeſt, that this Letter with the in-
cloſed, were mere Fictions, ſince it ſeems they thought little better of
them themſelves; for when theſe Letters were ſent up to the Lords
by Sir John Hotham, he delivered the Meſſage in theſe words, That
he was ſent to inform their Lordſhips of two Letters, one ſent to Mr. Or-
lando Bridgman, a Member of the Houſe of Commons, another written to
one Mr. Anderton, which they offer to their Lordſhips, to make uſe of
them as they think fit ; which kind of flighit recommendation, their
Lordſhips it ſeems underſtood ſo well
, that they were only read and
laid by, without further notice taken of them. But there was a fur-
ther uſe for them, for theſe Letters quickly got into Print, and con-
tributed not a little by thoſe curſed Reflexions, with which they were
ſtuffed, to blacken the Reputation of the King and Queen, and confirm
the Credulous Multitude in the belief of a great and horrid Plot of the
Papiſts and Epiſcopal Proteſtants againſt the Parliament, which was a
point abſolutely neceſſary to be gained by the Faction, in order to what
was now too apparent to all Honeſt and Loyal Men, the carrying on
a Plot of the Puritans, as they were then called, by Rebellion to accom-
pliſh the work of Reformation.
But to put the matter out of diſpute, having occaſion to ſearch
among the old muſty, Papers of that time, in the Clerk of the Parlia-
ments Office, I found theſe very Original Letters, and being ſtrongly
poſſeſſed in my imagination, that by comparing of hands, there being
ſomething very particular in the hand that wriť thoſe Letters
, I ſhould
find out the cheat ; I found ſeveral Letters written by Sir Anthony
Welden, with the very exact and diſtinguiſhing ſtroaks and cutting of
the
1
Thanks to the
Thanks to the
Trained
minster.
838 An Impartial Colle&tion of all the memorable Events
Fanuary, the Letters, fo like that written to Mr. Bridgman, that I do not in the
1 641.
leaſt doubt, but whoever was the Contriver, Sir Anthony was the Ama-
nuenſis; and indeed it ſuits well enough with ſuch a Kitchin-ſtuff Cour-
tier as he afterwards proved, both by his Actions, and the Infamous
Libel written by him called The Court of King James. The Papers
are in my poſſeſſion if any Perſons doubts ſhall tempt them to disbelieve
my poſitive Opinion in this matter.
The Commons, that they might Rivet themſelves into the hearts of
the Seditious Rabble, who had conducted them and the five Members
to Weſtminſter, reſolved not only to thank them, but to indemnifie them
too for this Riotous and Tumultuary procedure : And therefore firſt
divers Sea Captains, Maſters of Ships; and Marriners were called in,
to whom Mr. Speaker delivered this by the Cominand of the Houſe.
(1.) That the Houſe did take special notice of the performance of this
Sca Caprains,
Service of theirs, to this Houſe, and to the Common-wealth, and
gave
them thanks for it, and deſired them to Communicate the ſame to the reſt
of the Sea-men and Marriners..
(2.) For the Petition which they delivered to the Committee of this
Houſe the other day in London, that this Houſe will take it into Speedy
Conſideration, as alſo any other defre of theirs, that they shall make to
this Houſe.
Then divers of the Trained Bands of Weſtminſter were called in, whoſe
Petition being read, and Ordered to be Entred, Mr. Speaker acquainted
Bands of Weſlo them as followeth, That this Houſe hath taken notice of the Expreſſiox
of a great deal of Affection in their Petition unto this Houſe, and have
Commanded him to give them thanks for it ; and that this Houſe had ne-
any cauſe to be Jealous of them, and Mall make uſe of them as there
Jhall be occaſion.
The Sheriffs of London were alſo called in, to whom Mr. Speaker
ſpake as followeth, That this Houſe was very ſenſible of their great care
London, &c.
and love and reſpect to this Houſe, and in them to the Common-wealth,
as alſo to the Committee of this Houſe that fate in London; and for
the Special Service done this day; and hath Commanded him to give them
hearty thanks for it, and to deſire them to return the like to the Lord May-
or and Aldermen.
Thus did they Court the People like Abſolom, indeavouring to ſteal
nifying the
their hearts from their Sovereign by flattering Speeches, with the ſame
Guarding the intention, that he did thoſe of his King and Father ; and to incourage
them to perſiſt in thoſe Tumultuary Courſes, it was Reſolved upon the
Queſtion, That the Actions of the Citizens of London and others, in
the guarding and defence of the Parliament, or the Priviledges or Mem-
ters thereof, either by the Trained Bands or otherwiſe, are according
to their Duties, and the late Proteſtation, and the Laws of this Kingdom;
and that if any perſon ſhall Arreſt or Trouble any of them for ſo doing,
ke doth thereby break the Priviledges of Parliament, violate the Li-
berty of the Subject, and is bereby declared an Enemy of the Common-
wealth.
Which Vote was carried up to the Lords by Sir Philip Stapleton for
their Concurrence to it, which they not only readily gave, but alſo
their thanks to the Citizens, as this rude Multitude out of the Suburbs
and adjacent Countries liad the honour to be ſtiled, for the acceptable
Service of this day.
Sergeant
ver
Thenks to the
Sheriffs of
1
1
Order Indem-
Citizens for
Parliamenr,
1
Tuli
1
+
**
top
!
ܪ
1
from tbě
Scotch Rebellion
to the King's Murther. 839
Sergeant Major General Skippon, and the other Captains of the City | Fanuary,
of London were alſo called in, to whom Mr. Speaker declared as fol- 1.64.1.
loweth,
That this Houſe did take ſpecial notice of the great Care and Affection expreſſed by
Thanks given
to Skippon,and.
them, both in the ſafeguard of the Committee
, while they ſate in London, and for the the captains:
performance of that great Service of theirs this day to the Houſe and Common-wealth,
for which he was commanded by tbe Houſe to give them thanks; and further to acquaint
them, that for their better ſatisfaction, that the Houſe bed Voted, that tbe actions of
themſelves and other the Citizens of London in preſerving the Priviledges of Parliament,
and the Members thereof; were done according to the Law, and their Duty and Prote-
ftation.
It is one of the moſt Elegant Expreſſions of the Royal and Divine
Poet, when he couples ſo ſignificantly the Raging of the Sea with the
Madneſs of the People; and certainly never was there raiſed a more vio-
lent Storm, then this which was blown up by the Tempeſtuous Breath
of the Faction; and ſuch was the Ambition of the Populacy to ſignalize
themſelves upon this occaſion, that they looked upon it, and lamented it
as a misfortune, not to have the principal part in the Actions of this days
Tumultuous Solemnity, as appears by the following Petition, which as
å favour to their good intentions, was by Vote of the Houſe entred upon
the Commons Journal in theſe Terms.
To the Honourable the Houſe of Commons in Parliament Aſſembled.
The Humble Petition of the Trained Bands, and other Inhabitants
of the City of Weſtminſter.
Humbly. Sheweth,
T
Hat your Petitioners to their great and unexpreſſible Grief; lying under weſtminſter
many heavy Preſſures and Diſtractions, but eſpecially for that there have Trained Bands
been ſome Doubts and Jealouſies raiſed, of your Petitioners Duty and Af Petition.
fections to this Honourable Houſe ; your Petitioners though the laſt, yet not
the leaſt either in Love or Obedience, have thought fit hereby humbly to deſire
your protection in theſe great Dangers, and to aſſure this Honourable Houſe,
that as there are none who do more affectionately Love, ſo there ſhall not be
any who ſhall more readily Obey, and Obſerve the Commands of the fame, nor
more willingly expoſe both their Perſons and Eſtates for defence of the Rights
and Priyiledges of Parliament ; wherein your Petitioners humbly conceive do
conſiſt the Security of Reigion, the Safety of His Majeſties Royal Perſon, and
the due Execution of the Laws : In real Teſtimony whereof, your Petitioners
humbly offer their Service to this Honourable Houſe, when it ſhall pleaſe them to
Command it.
And humbly pray almighty God to Crown your unwearyed endeavours with
happy and good ſucceſs.
A Petition was alſo delivered in the Name of the Inhabitarits of the
County of Bucks, by divers Gentlemen at the Bar, which was alſo by the
Vote of the Houſe Ordered to be Entred as followeth.
To the Honourable the Knights, Citizens, and Burgeſſes of the
Houſe of Commons now Aſſembled in Parliament.
The Humble Petition of the Inhabitants of the County of Bucksi
Shewesh,
Hat whereas for mariy Years paſt,we have been under very great
preffures, Bucks Peticion
which are clearly
ſet forth in the late Remonftrance of the Houſe of Com Jan. 11. 16410
mons, the Redreſs whereof, which hath for a long time been by you indea-
voured, with unwearied Pains, though not with anſwerable Succeſs, having ſtill
your Indeavors fruſtated, or retarded, and we deprived of the Fruit thereof, by
a Malignant Faction of Popiſh Lords, Biſhops and others; And now of late to take
from us all that little hope was left of a future Reformation, the very being of
the
Vol. II.
PPPPP
1
T
R
!
+
CF
1
1
.
840 An Impartial Collection of all the memorable Events
January, 1 the Parliament ſhaken, and by the miſchievous Practiſes of moſt wicked Counſel-
16:41. lors, the Priviledges thereof broken in an unexampled manner, and the Members
thereofunaſſured of their Lives, in whoſe ſafety, the ſafety of
us and our Poſteri-
ty is involved ; we held it our Duties, according to our late Proteſtation, to de-
fend and maintain the ſame Perſons and Priviledges, to the uttermoſt expence of
our Lives and Eſtates; to which purpoſe, we are now come to make the humble
tender of our Service, and remain in Expectation of your Commands and Orders,
to the Execution whereof, we ſhall with all alacrity Addreſs our felves, ready to
este The King
live by you, or Die at your Feet * againſt whomſoever ſhall in any fort illegally
pot excepted. Attempt upon you.
May it therefore pleaſe this Hononrable Aſſembly, to aſſiſt the Ardent Prayer of
your
Peticioners, that the Popiſh Lords and Biſhops, may be forthwich outed
the Houſe of Peers; That all Privileges of Parliament, yours and our Poſte-
.irities Inheritance, may be confirmed to you; And that all evil Counſellors,
the Achans of the Common-Wealth, may be given up to the Hand of Juſtice,
without all which your Petitioners have not the leaſt hopes of the Kingdoms
Peace, or to reap thoſe glorious Advantages, which the i4 Months Seed time
of your unparalēll?d indeavors hach given
to their unſatisfied Expectations.
So your Petitioners ſhall be bound to pray, &c.
Thanks to the
The Petitioners being called in, Mr. Speaker acquainted them, That
Bucks Peti-
this Houſe had read their Petition, and find's in it, an Expreſſion of great
tioners.
Affection for the maintenance of the Priviledges of Parliament, opith their
Lives and Fortunes ; and that the Houſe hath.commanded him to return
this Aſſurance from them, That they ſhall alſo ſpend their Lives and For-
tunes, in maintenance of Religion, the Privileges and Liberties of the Sub-
jects of thoſe Counties, Cities and Burroughs, for which they ſerve; ond
for the Petition it ſelf, they will take it Speedily into Conſideration.
Then they deſired leave to ſpeak a Word more, which being granted,
they ſaid, They had a Petition to deliver to his Majeſty, which they buima
bly deſired this Houſe to preſent for them, or to direct them the beſt way
and manner how to preſent it.
Which Petition being received and read, and they called in again,
Mr. Speaker ſaid that the Houſe had commanded him to acquaint them,
That their Demeanor and Carriage hath been ſo fair in this Buſineſs, and
their Judgment and Diſcretion are ſuch, as this Houſe makes no doubt, but
they know how to preſent it to his Majeſty. If 10 or 12 go with it, it is cox»
ceived it will be moſt convenient.
The galloping Bill to enable the two Houſes to adjourn themſelvės,
was thrice read, and then poſted up to the Lords, where it rid three
Stages more, as before is mentioned, in order to the Royal Aſſent,
The Petition of the Inhabitants of Bucks, which was delivered to his
Majeſty at Windſor, was in theſe Words.
To the Kings moft Excellent Majeſty.
The liumble Petition of the inhabitants of the County of Buckinghamſhire,
Sheweth,
Bucks Petition That your Petitioners having by vertue of your Highneſs Wriç choſen John
to the King
Hampden Knight for our Shire, in whoſe Loyalty we his Countrymen and
concerniog
Neighbours have ever had good cauſe to confide : However of late to our no leſs
Hampden. amazement then grief we find him with other Members of Parliament, accuſed of
Treaſon : And having taken to our ſerious confideration the manner of their Im-
peachment, we cannot but (under your Majeſties favour) conceive that it doth fo
oppugne the Rights of Parliament, to the maintenance whereof our Proteſtation
binds us, that we believe it is the malice, which theic zeal to your Majeſties Service
and the Scate, hath contracted in the enemies to your Majeſty, the Church, and
Common-wealth, hath occaſioned this foul Accuſation, rather then any deſerts of
theirs, who do likewiſe through their ſides wound the Judgment and Care of us
your
S.
.
Y
1
4.
+
co
Parliament
from the Scotch Rebellion to the King's Murther. 841
your Petitioners, and others, by whoſe choice they were preſented to the Houſe, Fanuary,
Tour Petitioners therefore most humbly pray that Maſter Hampden, and ibe reft 16 41;
that lye minder the:burden of that Accufation, may enjoy tbe juſt Priviledges of
And your Petitioners ſhall ever pray, o'c.
To which his Majeſty recurned this Anſwer.
Windfor, 13 Jan. 1641.
H's
Majeſty being graciouſly pleaſed to let his Subjects underſtand his care,
not knowingly to violate in the leaſt degree any of the Priviledges of Par-
liament, hath therefore (lately) by a Meſſage ſent by the Lord Kceper, ſignified,
That he is pleaſed, becauſe of the doubt that hath been raiſed of the manner, to
Wave his former proceedings againſt Maſter Hampden, and the reſt, mentioned
in this Petition; concerning whom, his Majeſty intends to proceed in an unqueſtio-
nable way. And then his Majeſty faith, It will appear that he had ſo fufficient
Grounds to queſtion them as he might not in Juſtice to the Kingdom and honour
to himſelf have forborn: and yet his Majeſty had much rather that the ſaid Per-
ſons ſhould prove Innocent, then be found guilty ; However he cannot conceive
that their Crimes can in any ſort reflect upon thoſe his good Subjects, who elected
them to ſerve in Parliament.
It is Incredible what Advantages the Faction made of this Action of
his-Majeſties, in going to the Commons Houſe in Perſon; it ſhocked
even many of his beſt Friends, to that degree, that they knew not what
Conſtruction to make of it ; inſomuch that the Lord Màyor, Alder-
men and Common-Council Men, Many of which were Loyal Men,
yet in this Epidemical Petitioning time, they were alſo ſeized with the
Petitioning Diſeaſe
, for however warrantable modeſt Petitioning may
be, yet this fort of it was really the Effect of a diſtempered and crazy
State, and did extremely promote all the inſuing Miſchiefs, and that
State Calenture, for which England was forced to bleed to ſeverely.
The Petition together with his Majeſties moſt excellent Anſwer, were
*
+
1
+
as follows.
To the Kings moft Excellent Majeſty.
The humble Petition of the Mayor, Aldermen, and Common Councel, of the
City of London.
M
Ay it pleaſe your moſt cxcellent Majeſty ; the often expreſſions of your The Pecitiori
moſt gracious acceptance of the manifeſtation of the Petitioners duty of the Lord
and loyalty, and the frequent Declarations of your Majeſties great care of the Mayor, o's.
good and welfare of this City, and of the true Proteſtant Religion, and of pro. of the City of
London con-
tecting and preſerving the Perſons and Priviledges of your great Councel ar.
cerning the
ſembled in the high Court of Parliament : Each encouraged the Petitioners to Kings going
repreſent the great Dangers Fears and Diſtractions wherein the City now is to the Houſe
by reaſon of the prevailing progreſs of the bloudy Rebels in Ireland, fomen- of Commons:
ted, and acted by the Papiſts and their Adherents, and want of Aid to ſuppreſs
them, and the ſeveral intimations they have had both Forreign and at Home,
of the driving on of their Deſigns, tending to the utter ruin of the Proteſtant
Religion, and of the Lives and Liberties of your Majeſties loyal Subje&ts, the
Putting out of Perſons of Honour and Truſt from being Conſtable and Lieute-
nant of the Tower, eſpecially in theſe times, and the Preparations there lately
made, the fortifying of Whitehall, with men and Munition in an unuſual man-
ner : Some of which men with provoking language and violence, abuſed divers
Citizens Palling by,and the drawing divers ſwords, and therewith wounding ſun-
dry other Citizens in Weſtminſter-hall
, that were unarnied : the late endeavours
uſed to the Inns of Court, the calling in divers Canonneers and other affiliance
into the Tower, the late Diſcovery of divers Fire-works in the lands of a
Papiſt, and the miſ-underſtanding betwixt your Majeſty and Parliament, by
reaſon of miſinformation as they humbly conceive.
Beſides all which the Decitioners fears are exceedingly encreaſed by your
Vol. II.
PPPPP 2
Majeſties
1
į
4
+
ther Anſwer.
!
842 An Impartial Colle&tion of all the memorable Events
January
Majeſties late going into the Houſe of Commons attended with a great multi-
tude of armed men beſides, your ordinary. Guard, for the apprehending of di-
16:41.
vers Members of that Houſe, to the endangering af your Sacred perſon,
and of
the perſons and Priviledges of that Honourable Aſſembly.
The effects of all:which Fears:do tend, not only to the overthrow of the whole
Trade of this City and Kingdom, which the Petitioners already feel in a deep
meaſure, but alſo threatens the utter ruine of the Proteſtant Religion, and the
Lives and Liberties of all your loyal Subjects.
The Petitioners therefore moſt humbly pray your Sacred Majeſty, That by the
advice of your great Councel in Parliament, the Proteſtants in Ireland may be fpee-
dily relieved, The Tower put into the hands of perſons of truſt: That by removal
of doubtful and unknown perſons from about 1hite-hall and Weſtminſter, a known
and approved Guard may be appointed for the ſafety of your Majeſty and Parlia-
ment
and that the Lord Mandevill and che five Members of the Houſe of Commons
ļately accuſed,may not be reſtrained of Liberty or proceeded againſt otherwiſe then
according to the priviledges of Parliament.
And the Petitioners (as in all-duty bound) ſhall pray for your
Majeſties 770ft long and happy Reign, &c.
His Majeſties Anſwer to the Petition of the Mayor, Aldermen, and com-
a: mon-Courcel of the City of London.
is Majeſty having fully conſidered the matter of this Petition, is graci-
oully pleaſed to declare that being unalterably reſolved to make good all
his Expreſſions and Declarations of his care of this City, Of the true Proteſtant
Religion, and of the privileges of Parliament; His Majeſty takes in good part,
the intimation given by the Petitioners of the fears and diſtractions, wherein
the City. now feems to be. And though He conceives He did on Wedneſday
at the Guild-hall ſatisfie moſt of thoſe particulars, is pleaſed to add this fur-
1. That for the fad buſineſs of Ireland, His Majeſty cannot poſlibly expreſs
a greater ſence then He hath done, there being nothing left on His Majeſties
part unoffered or undone. And He hoped by the ſpeedy advice and aſſiſtance
of His Parliament, that great and neceſſary Work would be put in a juſt. for-
wardneſs, to which his Majeſty will contribute all his power : And low zea-
lous He is and hath bin therein, will appear in a Declaration ſpeedily to be ſet
forth by his Majeſty.
For the Tower : His Majeſty wonders, that having removed a Servant
of good Truſt and Reputation, from that Charge, onely to ſatisfie the fears' of
the City, and put in another of unqueſtionable Reputation, and known ability,
the Petitioners ſhould ſtill entertain thoſe fears; and what-ever preparation
of Strength is there made, is with as great an Eye of Safety and advantage
to the City, as to his Majeſties own Perſon, and ſhall be cqually employed to
botli.
3. For the fortifying of White-ball, with Men and Munition in an unuſual
way : His Majeſty doubts not, but the Petitioners have obſerved the ſtrange
provocation he hath received to entertain that Guard: That by the diſorderly,
and tumultuous conflux of people at Weſtminster and White-hall, his Majeſties
great Councel was not onely diſquieted, but his own Royal Perſon in danger,
moſt feditious language being uttered even under his own windows, whileſt
the examination and puniſhing ſuch Tumults by the courſe of Law were in-
terrupted and ſtopped. And ifany Citizens were wounded or ill intreated his
Majeſty is confidently aſſiired, that it hapned: by their own evil and corrupt
demeanours.
4. His Majeſty knows no other endeavours to the Innes of Court,then a gra-
cious intimation, That He received the tender of their loyal and dutiful Affe-
ctions with very good Approbation and Acceptance, and an incouragement gi-
ven thểm to continue the fame upon all occaſions. Neither doth his Majeſty
know, what diſcovery hath bin lately made of Fire-works in the hands of any
Papiſt.
5. For his going to the Houſe of Commons ( when his Attendants were no
otherwiſe armed then as Centleman with Swords ) his Majeſty is verily per-
Iwaded,
2.
0
1
1
4
WI
1
14
**
1
1
$
An Informatic
on of a Ploc a.
Lords.
from the Scotch Rebellion to the King's: Mürtber. 843
waded, That if the Petitioners knew the cleer grounds upon which thoſe per-1 January,
fons ſtand accuſed of high Treaſon,and what will be proved againſt them (which 164,1:
in due time they ſhall be acquainted with.) and conſidered the gentle way his
Majeſty took for their apprehenſion ( which he preferred before any courſe of
violence, though that way had bin very juſtifiable ; for his Majeſty is very
well aſſured, that it is notoriouſly known, tliat, no priviledge of Parlia-
ment can extend to Treaſon, Felony, or breach of the Peace ) the Petitioners
would believe his Majeſties going thither was an Act of grace and favour to
that Houſe, and the moſt peaceable way of having that neceſſary ſervice for
the apprehenſion of thoſe perſons performed ; ſpecially if ſuch Orders have
bin made ( which his Majeſty is not willing to believe ) for the reſiſtance of all
lawful Authority, as are diſcourſed of.
6. And for the proceedings againſt thoſe Perfons mentioned in the Petition:
his Majeſty ever intended the fame ſhould be with all juſtice and favour accor-
ding to the Laws and Statutes of the Realm; to the which all innocent mér would
cheerfully ſubmit.
And this extraordinary way of ſatisfying à Petition of fo unuſual a nature,
his Majeſty is confidently perſwaded, will be thought the greateſt inſtance can
be given of his Majeſties clear intention to his Subjects, and of the ſingular eſti-
mation he hätli of the good affections of the City, which he believes in grati-
tude will never be wanting to his juſt Commands and Service.
The People were kept perpetually allarmd, with one little Plot or
another, either againſt the Parliament in General, or ſome particular: gainſt ſome
Perſons, the Favorites of the Faction, ſo it is no Miracle that they were
in ſuch heats, but rather that they did not fall into perfect Frenzy and
Madneſs, for want of Sleep to cool their Brains; every day produced a
new Diſcovery, to keep then waking. And this Day one Francis Moor an
Italian, gave in an Information to the Houſe of Lords, That yeſterday be
coming towards White-Hall, he ſtood talking with an Iriſh-Mart, whe lives
with the Lord Viſcount Loftus, in the Street and overheard one Brian Kelly
an Iriſh-Man, Servant to the Eurl of Arundel, Speak in Italian, to one:Signi-
or Franciſco an Italian,and ſay, That there was a plot laid to kill fome Lords
of the Parliament,and in particular named the Earl of Northumberland; the
Earl of Eſſex, the Earl of Holland, the Earl of Pembroke and the Earl of
Leiceſter.
Hereupon, It is Ordered, That the ſaid Brian Kelly:and Signior: Fran-
ciſco, ſhall be forthwith apprehended and attached by the Gentleman Ojher
attending this Houſe, and brought as Delinquents to the Bar ; which was dore
accordingly, and Brian Kelly being trought to the Bar. and charged with the
Words, he denied, that he ever ſpake any ſuch Words. Thereupon Moore was
called inito confront him, and upon Oath averred what he had formerly
informed.
Whereupon Kelly was by Order of the Lords committed to Newgate;&
that Mr.fuſtice Reeves andFuſtice Foſter,do preſently examine the ſaid Kelly
and Signior Franciſco,and all others whom they think fit to give further In-
formations in this Buſineſs and report the ſaid Examinations to the Houſe
Mr. Juſtice Reeves informed the Houſe, That the Iriſh Man's Names
that was with Moore when he heard Kelly Speak the Words, is Philip
Dnell, Servant to the Lord Sheffield. Hereupon the ſaid Dxell was
ſent for to attend the Houſe preſently, and to be Examined.
The Lord Chief Juſtice of the King's Bench,was alſo Ordered forthwith
to examine Tho. Acroie and Signior Franciſco, and ſuch others as he ſhall
think fit to examine touching the Report of the Plot, that certain Lords
of this Houſe ſhould be killed, and to report the same to the Houſe: The Attorney
It was then moved, That Mr. Attorney General might be commanded to
red to juſtify
ſpeak his proceed-
Lt
1
Generátordea
1
?
*
1
5
Members.
the Commons
about the
Tower
A
3
844 An Impartial Collection of all the memoråble Events
January, peak what he can; to justify the manner of Proceedings againſt the Lord
1 641. Kymbolton, and the five Members of the Houſe of Commons.
Then Mr. Attorney made a Narrative of what he did that Day by
ings
Kimbolcon and the King's Directions, and when he came to juſtify himſelf as to the
legality of the proceeding, and that it was agreeable to the Courſe of
Parliament, he deſired ſome time to prepare himſelf, with ſome parti-
cular Proceedings, which would be too long to read now, and the
Houſe gave him time till to morrow Morning.
Meſſage from The Commons were reſtleſs to have the Loyal Lieutenant Sir Jolink
Byron out
of the Tower, and therefore a Meſſage was ſent by them to
let their Lordſhips know, That they are informed that there are extra-
ordinary quantities of Ammunition carried out of the Tower, and extra-
ordinary Stores of Proviſions carried in, and therefore deſire the Lieutenant
may be ſent for, to give an Account of theſe things. Which the Lords a-
greed to, and immediately ſent for the Lieutenant and Captain Connisby,
to atttend both Houſes of Parliament preſently.
But this was not ſatisfactory enough, for Mr. Pym came with a fe-
cond Meſſage to the ſame Effect, And that therefore the Houſe of Com-
mons deſire, that Directions may be given to the Lieutenant of the Tower,
and the Maſter of the Ordnance, That no Proviſions or Ammunition whatſoever
Noaill be ſent out of the Tower, without the King's
. Authority, fignified by both
Houſes of Parliament : and that no extraordinary quantity of Proviſions be
brought into the Tower, without his Majeſties Pleaſure, ſignified by the
Houſes of Parliament.
For the putting this in Execution, the Houſe of Commons deſire that a
convenient Guard may be put about the Tower by Land and by Water, and
this Guard to be appointed by the Sheriffs of London, and to be under the
Command of Sergeant Major General Skippon, and that the Care of the
Parliament herein may te intimated to the Common Council of London.
Whereunto the Houſe of Lords immediately agreed. Thus did they
exactly follow the Example of their Brethren of Scotland, who in the be-
ginning of the Rebellion there, laid a Blockade to the Caſtle of Edinburgh,
till they got it into their Power, and a Creature of their own placed in
it, which was the Deſign now upon the Tower of London.
And theſe Meſſages produced the following Order.
Ordered by the Lords and Commons in Parliament, That the Earl of
to fet a Guard Newport, Maſter of the Ordnance, and the Lientenant of the Tower for the
time being, their Deputies or other Officers, ſhall not permit or ſuffer any
Ordnance, Ammunition or other Proviſions whatſocver, to be carried out of
the Tower, nor permit extraordinary Increaſe of Waiters, or any Proviſion of
Vi&tuals in any extraordinary Quantity, or Proportion to be brought into the
Tower, without the King's duthority ſignified to both Houſes of Parliament,
And for the better Safeguard of the Tower, It is further Ordered by both
Houſes of Parliament, That the Sheriffs of London and Middleſex ſhall
appoint and place a ſufficient Guard about the Tower, both by Land and
Water, under the Command of Sergeant Major General Skippon, Commander
of the Guards of the Parliament; and that theſe Guards be careful to ſee the
former Order obſerved: And the ſaid Sheriffs are required to intimate to.
the Common Council of London, in what manner the Lords and Commons
Order to ſtay bave provided for the safety of the Tower.
4 Dunkirkers Then an Order was directed to the Lord Admiral to ſtay four Ships
nition, etc. for lately come from Dunkirk, with Arms and Ammunition for the Rebels
in Ireland:alſo, the like Order to the L. Duke of Richmond, Conſtable of
Dover-
Order of Lords
and Commons
upon the
Tower.
1
the Rcbels.
!
1
16 d.
1
from the Scotch Rebellion to the King's Martber.
845
Dover-Caſtle, and Lord Warden of the Cinque-Ports, and to the Earl of Fanizarý,
Portland, Captain of the Iſle of Wight.
The Houſe was informed that the Lieutenant öfthe Tower was ſerved
with the Order, and after he had read it, he ſaid, That he was very deſirous the Towet sad.
to attend the Houſes of Parliament, according to the Order, but conceived he ſwer to the
could not come without his Majeſties leave firſt obtained, in reſpect he hath record the
ceived aWarrant from his Majeſty, with a Command not to depart out of the liamenr.
Tower, without his Majeſties leave, but to reſide there. A Copy of which
Warrant the Lieutenant ſent to the Parliament, and Captain Conisty was
called in and atteſted the fame; producing this following Warraat:
CHARLES R.
Ruſty and Well beloved ; We greet your well: Foraſmuch as in tbefe Warrantza
The king's
Tumultuous times, We have thought it neceſary that the Tower of Sir John Byron
London, where remains not only Our Principal Magazine of Arms and Lieutenant of
Munition, but alſo Our Records, ard other Matters of great importance,
ſhould be always very well Ordered, and that all the Officers and Guard there
ſhould be all Reſident to perform their Duties; Our Will and Command
therefore is, That you fail not to reſide conſtantly in Our faid Tower, to ſee the
Guard there to perform their ſeveral and reſpective Duties
, and that you ( at
no time) go out of Our ſaid Tower upon any occaſion whatſoever,without firſt ac-
quainting us therewith, and receiving Our leave and Order for the ſame; and
herein We expect that you fail not, as yon tender Our diſpleaſure, and will An-
ſwer the contrary, for which theſe ſhall be your ſufficient Warrant. Given under
Our Signet at Qur Court at White-Hall, the ioth day of January in the 17
Tear of Our Reign.
To Our Truſty and Well-beloved Sir Fohn Byron,
Knight of the Bath, Lieutenant of Our Tower of London,
Whereupon the Houſe conceived, That the Lieutenant of the Tower
had committed a high Contempt to the Order of this Houſe in not
coming, notwithſtanding the King's Warrant, becauſe the King's Comi-
mand is always ſuppoſed to be in an Order of this Houſe.
And after much debate, a Meſſage was ſent to acquaint the Commons
with the whole Matter.
A Meſſage was then brought up from the Commons by Mr. Nashaniel Fines; Information
That whereas the Houſe of Conimons hath been informed, That Collonel Lunsford and againſt Lord
the Lord George Digby, Son to the Earl of Briſtol, with others, have gathered toge- Lunsforet
:
ther Troops of Horſe, and have appeared in a Warlike Manner at Kingſton upon
Thames within the County of Surrey, where the Magazine of that part of the Coun-
trey lies, to the Terror and Fright
of his Majeſties good Subjects, and Diſturbance of the
Públick Peace of the Kingdom; the Houſe of Commons hold it fit; that particular dire-
&tions be ſent to the Sheriffs of Surrey and Middleſex, Bucks and Berks, for the fup-
preſſing of ſuch Aſſemblies being contrary to Law, and to take fome Courſe, for the fe-
curing of thoſe four Counties, and the Strand and Weſtminſtei and the Magazines
thereof; and for the fuppreffing of all unlawful Aſſemblies, that are gathered togetber;
to the diſturbance of the Peace of the
Kingdomn; and they to be required to call
in the
Juſtices of the Peace, and Trainid Bands of the Counties for their Afſtance herein,
and to give a ſpeedy accorint of their Proceedings therein, to the Parliament.
The House of Commons do alfo deſire their Lordflips to take Order, That the Lord
Digby, a Member of this Houſe be required to give his Attendance here: Ånd further Portſmouit
.
they deſire, That an Order may be ſent from both Houſes to the Governor of Porif-
mouth, requiring him, that he do not deliver up the Town, nor receive aný Forces into
it, but by his Majeſties Authority fignified by both Houſes of Parliament.
And Laſtly, Whereas the Common Council of London hath appointed a Committee
to conſider of the defence and ſafety of the City; and that the Refolution of the ſaid Couricih
,
Committee
1
Commons
!
1
1
oned for
Words.
and that Mr. Bell keep the Key, and ſearch it every Morning;
846 An Impartial Collection of all the memorable Events
January, Committee can take no effect, until they be communicated to the Common Council; the
I 6:41
Houſe of Commons deſires their Lordſhips to joyn with them in an Order, That the Lord
Mayor Jhall call a Common-Council together as often, and at ſuch times, as ſhall be de-
fired by the ſaid Committee; and that what foever Order the ſaid Lord Mayor hath or
Thall receive from either of the Houſes of Parliament ſhall be imparted to the ſaid Com-
mittee.
To the firſt part of this Meſſage the Lords agreed. To the ſecond, That
the Lord Digby have notice to ařtend this Houſe, if he be at Kingſton, or
at Court, but if he be gone to Sherborn to fetch up his Lady, be is to go on
his fourney. To the third : It was Reſolved, &c. That this Horſe ivill
joyn with the Houſe of Comíncas, concerning the Governor of Portſmouth.
Lords Diſſen: Theſe Lords following, before the Queſtion was put, Defired their
ting from the
Vore about
Right of entring their Diljent to this Vote;
if it were carried againſt them;
Portſmouth. Which the Houſe gave way unto, viz. Earl of Southampton, Lord Mow-
bray, Lord Wentworth, Lord Pierpoint.
To the latter part of the Meſfage concerning the Common-Councils
the Houſe agrees clierein with the Houſe of Commons, and the next day
they were drawn into formal Orders of both Houſes.
Earl of South
The Earl of Southampton ſpeaking ſome Words in the Debate of this
Ampton queſti.
Meſſage which the Houſe conceived to reflect upon the Honor of the
Houſe, which were, That the Parliament had neglected their Duty to the
King, for the ſafety of his Perſon ; Upon which his Lordſhip was put to
explain himſelf, which being done, theſe Reſolutions paſſed.
Reſolved, &c. Nemine contradicente, That this Parliament have per-
formed their Duties to the King, for the Safety of his Perſon.
Reſolved, &c. That the Earl of Southampton hath ſatisfied this Houſe
with the Explanation he now made of himſelf.
A Meſſage was then brought from the Houſe of Commons by Sir
Philip Stapleton, being two Votes concerning Sir John Byron Lieutenant
of the Tower, to which they deſired the Concurrence of the Lords.
(1.) That Sir John Byron, the xow Lieutenant of the Tower hath commit:
Commonscon- ted a high Contempt againſt the Authority and Priviledges of Parliament,
cerning the
Licutcoape of
in refuſing to appear upon the Summons of both Houſes of Parliament. To
which the Lords agreed.
(2.) That Sir John Byron, the now Lieutenant of the Tower ſhall be ſent
for as a Delinquent.
The Lords deferred giving any Reſolution of this laſt Vote at this time..
In the Commons Houſe it was this day Ordered, That another Lock
the Commons be ſet upon the Door under the Stairs at the Door of the Commons Howfe ;
alſo, that it
be referred to the Committee appointed to ſearch about the Houſes and Pla-
ces near the Parliament Houſe, to take daily care that all Places thereabout,
be ſafeguarded and kept Secure.
Mr. Theophilus Calcot gave the Houſe Information of many Horſe un-
former of Luns der the Command of Collonel Lunsford, were Lodged at Kingſton upon
King on with Thames, to the number of 500 or thereaboạts, That there came Teſter-
day two Loads of Ammunition; that there was laſt night Captain Thomas
Howard a Member of the Commons Houſe, and as they ſay, had a Commavid
of ſome Men there; Which occaſioned the Meſſage before mentioned.
It ſeems the Information did not agree, for afterwards Mr. Hollis re-
forted from the Committee appointed to conſider of this Information,
That there were about 200 Men there, that they have Pistols, and diſ.
charge them, and carry themſelves in a diſorderly Manner, to the Terror of
the People.
And in reality, all this great Army at Kingſton was only
the
Votes of the
1
the Tower.
Search to be
made about
Houſc.
1
Cakot the In-
Soo Horſe.
1
!
1
.
1 641.
+
còa Pofturc
of Defence
Arms at Mr.
1
from the Scorch: Rebellion to the King's Murther. 847
the Lord Digby and his ordinary Retinue : But every thing was Multi- | January,
plied and Magnified to the higheſt degrees, and whether true orfalſe
it did the buſineſs Effectually, and kept up the Fears and Jealouſies of the
People, and confirmed them in the belief of ſtrange Plots againſt the
City and Parliament.
Then Mr. Sollicitor St. Johns, Mr. Whitlock, Sir H. Anderſon, Sir The Commit-
Gilbert Gerrard , Mr. Green, Sir John Holland, Mr. Wbiſtler, Sir H. tee to draw
Mildmay; Mr. Rigby, Mr: Boduile, Mr. Grimſton, Sir Martin Lumley, on to be ſent
Sir Edward Hungerfordi
, Mr. Cave, Sir Edward Patherich, Serjeant into all Parts
Wild, Şir Thomas Barrington, Mr. Aſhton, Mr. Moore, Mr. Strode
, Sirome met
F. Evelyn, Mr. Noble, Sir William Maſam, Mr. Lille, were appointed themſelves in-
à Committee , to take into conſideration, the drawing of a Letter or
other Declaration, to be preſented to the Lords, and by both Houſes to
be publiſh't in Print, and ſent into all the parts of the Kingdom, adviſing
them with all Expedition to be in a readineſs and a good poſture of De-
fence, upon all occaſions, to defend their ſeveral Counties from Invaſion
by Papifts or other ill affected Perſons, and to declare the ſeveral De-
ſigns, that this quarter of a year laſt paſt hath been againſt the Parlia-
ment and ſafety of the Kingdom.
It was alſo Ordered, That 2000 I. of the Pole Money ſhall be paid by
the Lord Mayor of York, to Sir John Hotham for the ſervice of Hull
.
It was alſo Ordered, upon the Information of Mr. Thomas Blunt, Search for
That the ſaid Mr. Blunt and Mr. Gibbon, or either of them do forthwith Ropers at El-
make diligerit ſearch in the Houſe of. Mr. Anthony Roper in Kent, at El- tham in Rent.
tham, or any other
. Suſpected place, for Arms and Ammunitions and if
they find any. there, to Seize the ſame and to apprehend the Perſon of him,
or any other Suspected Perſons, and to take Examinations touching this
matter, and to uſe their beſt indeavours for the Apprehending of Mr.
Cecil Cave. Who ( as Blunt ſaid he had been informed,) had given
out, that ere long Bloud would be sold as cheap as Milk.
The Serjeant was ordered to repair to the Queen's Millener, and re- Letters to Mr.
quire him forthwith to attend the Houſe, with the Paquet of Letters crofts opened.
which he this day received by the French Poft, directed to Mr. Crofts.
Foſeph Lee a Waterman informed the Houſe of ſome great Saddles order to seize
going to K’ingston by water, whereupon, the Serjeant was commanded Saddles and
to Seize them; And an Order was ſent to the Juſtices next Hampton
Town, tò make ſtay of ſome Horſes, that the Houſe is informed are now
in the Stable of one Mr. Robinſon, until this Houſe ſhall take further or-
der.
An other Order to Sir Folin Franklyn and Mr. Whittacre to ſearch the Search for
:
Lodgings of Sir James Hamilton for Arms and Ammunition , and to fames Hamil-
Seize the ſame, and to apprehend the Perſons there, or in any other tons Lodgings.
place.
Information was alſo given of Arms at Fox-Hall
, which being the
Lord Herberts, he was willing they ſhould be diſpoſed of as the Parlia-
ment thinks fit; and therefore Sir John Evelyn was appointed to go
with a Meſſage, to deſire the Lords to joyn with the Commons for the
removing them from thence to the City of London, to be there ſecurely
kept, in regard of the Danger of theſe times, and the weakneſs of that
Place, the Situation of it ſo near the Houſes of Parliament, and the con-
veniency of Water , and the Forces that are now Aſſembled at King-
Ston.
1
E
Horſes.
1
1
I
Vol. II.
Q9999
Thus
•
2
1 641.
0
1
848 An Impartial Collection of all the memorable Events
January, Thus did they amaſs a multitude of Informations, ſearched all corners
for Arms and Ammunition, to countenance the Noiſe of a Plot againſt
the Parliament; but truly with very little ſucceſs, moſt of theſe hopeful
Plot Eggs proving Addle, and Dwindling into nothing more then fer-
ving the preſent turn of keeping up the People in a belief of this Horrible
Plot againſt the Parliament.
The Houſe of Lords being informed that one fames Hanham a Recu-
Thurſday, fant of Holle-Well in Sommerſet-ſhire, had Arms for 40. Foot, and 20.
Fan. 13.
Horſe, and three Pieces of Braſs Ordnance, which cauſeth great terror
to his Majeſties good Subjects ; It was ordered that the Sheriff of that
County and the two next Juſtices of the Peace, ſhould Seize and take
into their cuſtody the Arms and Ordnance that they ſhall find in the
Houſe of the ſaid Hanham, and keep them for his Majeſties Uſe and
Service.
A Meſſage was then brought from the Houſe of Commons by the
Lord Grey of Grooby, to let their Lordſhips know, that they find abroad
under the hand of the clerk of this Houſe Articles of High Treaſon, and
of other Miſdemeanors againſt the Lord Kymbolton, and five of the Mem-
bers of the Houſe of Commons; and they deſire to know how thoſe Articles
came into this Houſe. To which the Anſwer was, That theſe Articles
were brought into this Houſe by Mr. Attorney General
.
The Lord Keeper, next, Reported to the Houſe, That he had waited
on the King, and according to their Lordſhips command, he had moved
his Majeſty from both Houſes, that he would be pleaſed to give his Royal
Aſſent to the three Bills lately palled both Houſes; and likewiſe hathaca
quainted his Majeſty with the Order made concerning the putting of Sir
John Hotham into Hull, for the ſecuring of the Town and the Magazines
there : And his Majeſty returns this Anſwer.
The Kings an-
1.) Concerning the Bill for preſſing of Marriners, and concerning the
ing the three Captives of Algier, his Majeſty is content to paſs his Royal Aſſent for them ;
Bills paſſed. for that purpoſe he hath given Warrant for a Commiſſion: But for the Bill
of giving Power to the Houſes to Adjourn into London, his Majeſty ſays,
in regard neither be, nor any of his Council hath ſeen it, he will take ſome
time to conſider of it before he reſolves any thing therein.
(2.) For the Fears concerning Hull, his Majeſty hath formerly conſidera
ed the same , and hath already taken Special care for. the ſecuriiy of that
Place, from the adjoyning Papiſts.
Likewiſe his Lordſhip Reported, That his Majeſty had commanded him
to deliver this anſiver to both Houſes, touching the Lord Kymbolton and
the five Members of the Houſe of Commons:
That his Majeſty taking notice, that ſome conceive it diſputable, whether
ThcKings Mer-
fage concern-
the Proceedings againſt the Lord Kymbolton, Mr. Hollis, Sir Arthur
ing the Lord Haſlerig, Mr. Pym, Mr. Hambden and Mr. Strode, be Legal and Agree-
able to the Privileges of Parliament; and being very deſirous to give
the Members.
Satisfaction to all Men, in all matters, that may ſeem to have relation to
Priviledges, is pleaſed to wave his former Proceedings, and all doubts be-
ing by this means fettled, when the Minds of Men are compoſed, bis Ma-
jeſty will proceed thereupon in an unqueſtionable Way; and alſures his Par-
liament, that upon all occaſions he will be as careful of their Priviledges,
as of his Life and his Crown.
Whereupon it was Ordered, That this Anſiver be Communicaied to the
Houſe of Commons.
Upon
j
fwer concern-
Kymbolton, and
1
i
TL
1
İ 641.
from the Scotch Rebellion to the King's Muriber: 84.9
Upon this occaſion I find a Speech of the Earl of Monmouth's made | January,
this day in the Houſe of Lords, which becauſe it takes notice that the
King did not think himſelf•fäfe at White-Hall; I have liere inſerted :
and I find this alſo confirmed, in a little Book written by Mr. How:l,
and Dedicated to the late Uſurper, where recounting the Trànſactions Howells Inſpe-
of thoſe times, he ſaid, That the King rather then Expoſe himſelf to Carriage and
"ſuch bare Indignities as were offered to him, during theſe popular. Conſuls of the
long Parlia.
Riots, and there being Dark Whiſpers, of an attempt upon his Per-
menir, pag. 97.
Son ; He Retired to Hampton Court, and thence to Windſor Caſtle,
&c. The Earles Speech was as follows:
G.
2
1
My Lords,
+
Lords Houſe,
:
:
ܪ
?
Shall deſire to be heard speak a few Wirds, which I would much rather
The Earl of
have heard ſpoken by any of your Lordſhips, that ſo they might have a Monmouth's
happier and a more handſome Expreſſion ; though with a better Heart
, and speech in the
clearer Intentious thuy could not have been ſpoken.
The Sad Condition we are now in ( My Lords ) is füch, as is too apparent 1641.
Fanuary 13.
to any Man, who hath but half an Eye: the City of London is full of fin.
loufies and Apprehenſions, we ſit not bere free from Fears; the King hath
with-drawn himſelf from hence, together with his Queen and Children, out
of a belief, (as I conceive ) that his Majeſties Perjon was not ſafe here.
While things continue in this poſtureMy Lords ) we may well fear an
impairing, we can hardly hope for the lettering of Affairs: God hath plac'd
us" (My Lords ) in the Medium betivixt the King and his people; Let us
play our Parts ( My Lords) Let us do our Puries, and diſcharge our Conſci-
ences ; ' Let us really prove, what we are by Name, Noblemen: Let us in.
deavor to work a perfect and a true Underſtanding, between the King and
bis People: Let is freely unboſome our ſelves 10 his M jelly; and deſire
that his Majeſty will be pleaſed to do ſo to us; and to this end, ( My Lords)
which is the ed of my Motion, if ithall be approved of by your Lord-
mips, I do humbly move, that by way of Conference, or any other way, we
may deſire the Houſe of Commons to joys with 45 : firſt in an humble Peti-
tion to his Majelly, that lie would be graciouly pleaſed to return to his good
City of London, as the ſafeſt Place we conceive for his ſacred Perſon, in
theſe diſtemper'd Times; and then that they will likewiſe joyn with us in
a Profeſſion or Proteſtation, that we will do what in us lies, to free his
Majeſty' from his Fears; to take from the Citizens of London, and his
Majeſties other Subječts their . Fealouſies and Apprehenſions ; and that we
will Live and Dye his Majeſties faitbful Adviſors, Counſellors and Loyal
Subjects.
The Lieutenant of the Tower being come, was brought to the Bar Lieutçnade of
as a Delinquent, and the Lord Keeper, by direction of the Houſe, asked the Bar as a
him, Why he committed the high Contempt Yeſterday, in refuſing to attend Delinquenr.
both Houſes of Parliament, according to the Order. ſerved upon-him.
Hereupon he anſwered, That he was between His Majeſties Commands
and their Lordſhips Order, but he underſtanding ſince, that the King's
Command is included in their Lordſhips Order, and one in Effect
, he de-
fired their Lordſhips Pardon for his not coming Teſterday, proteſt-
ing' he did it not out of any Diſobeilience or Contempt of the Parlia-
1
11
+
1
ment.
Vol. II.
R99992
This
+
1
1
ton, &c.
1
1
850 An İmpartial Collečtion of all the memorable Events
January, This being done he withdrew, and the Lords ſent to the Commons
1 641. to acquaint them, That the Lieutenant of the Tower had been at the Bar,
and the Anſwer he gave : And after ſome Attendance it was Ordered,
That the Lieutenant of the Tower shall be diſmiſed of his Atten-
dance for the preſent, until be have further Order to attend this
Houſe.
The Biſhops were alſo this day Ordered to put in their Anſwers
upon Monday next; and this Order was ſent to the Houſe of Commons
by Sir Robert Rich, and Mr. Page, to give them Notice to be preſent, if
they think fit.
The Attorney
The Attorney General was then heard what he could ſay to juſtifie
General juſti- | himſelf, for charging the Lord Kymbolton and the five Members, that it
fies his pro-
was a Parliamentary proceeding, and no breach of Priviledges.
ceedings a-
gain. Kymbol And firſt, he ſaid, That for the matter of the Charge, and the framing
of the Articles, he had nothing to do with them, neither did His Maje-
Sty adviſe with him therein, but the bringing of the Charge into this Houſe,
which he did by His Majeſties Command, and only in Obedience there-
unto ; And for the Legality of this proceeding, he inſiſted upon, and
opened at large the whole proceeding of the King's Attorney in the Earl
of Briſtols Caſe, 1 & 2 Car. which being done, The Houſe appointed
to take this buſineſ into further conſideration to morrow.
The Lord Kymbolton, upon His Majeſties late Meſſage concerning
himſelf and the five Members, moved, That ſince. His Majeſty waved
the former proceeding, the Houſe would become Suitors to His Majeſty,
that he may be brought to as speedy a Tryal as may be, that ſo he might
not lye under this Accufation, but be cleared or judged. And truly he
could in no ſenſe be blamed for that, eſpecially conſidering, that to
be well aſſured of the favour of his Judges, muſt needs give any Perſon
a deſire to come to a Tryal, where he hopes to be acquitted, and is in
very little apprehenſion of a Sentence.
The Commons having deſired liberty to Examine the Attorny General,
deſire to cxa upon certain Interrogatories,he made it his humble Requeſt to the Houſe,
ncy General." That he may be excuſed from anſwering to any Queſtions to diſcover what
the King hath Committed to him as ſecret Council, where by his Oath he
is bound not to reveal; but what concerns himſelf he would willingly and
ingeniouſly Anſwer unto. And it was the ſenſe of the Houſe, That if
Mr. Attorney at the Conference ſhall deſire not to Anſwer to ſome Que-
stions as may be asked him, the Houſe will take it into conſideration,
whether it be fit for him to Anſwer or not.
A Meſſage was brought from the Houſe of Commons by Mr. Whit-
lock, That he was commanded to preſent to their Lordſhips a Declarati-
ox, for putting the Kingdom into a Poſture of Defence ; which having
paſſed the Houſe of Commons, they deſired their Lordſhips to joyn with
them therein, that it may be diſperſed through the Kingdoin. Which was
read as followeth.
The Commons
1
1
A horrid Ca-
lumniating
Declaration to
+
dom into a
Poſture of De-
fence.
W
Hereas the Papiſts and other ill affe£ted Perſons within this
Kingdom, both before and ſince the Parliament, by many Wicked
put the King- and Traiterous Deſigns mentioned in a Remonſtrance of the State of this
Kingdom, have Plotted and Laboured the Confuſion of this State and Go-
vernment, the Subverſion of the Ancient and Fundamental Laws of this
Kingdom, and a diviſion of the Body of this Common-wealth from the
Head thereof, to the End they might the better Effect their Deviliſh and
Bloody
-
1
1
.'
A
+
74
from the Scotch Rebellion to the King's Murther. 853
851:
Bloody purpoſes, for the utter deſtruction of the True Reformed Religion, January,
and the Profeſſors of the ſame, and in further purſuance of their wicked 1641.
indeavours, have and daily do contrive all poſſible means to bring this
Kingdom into the like miſérable condition of that of Ireland, as do clearly
appear to the Lords and Commons in this preſent Parliament, by fundry
Informations and Examinations produced before them; and the better to
bring the ſame to paß here, as-they
' have already done in Ireland, they
ſecretly and cunningly work, to raiſe diſturbance in this K'ingdom, by
high breaches of the Priviledges of Parliament, plotting to have ſome of
the Members thereof to be Accuſed of High Treaſon, and ſome of them
to be taken by Force out of the Houſe of Commons, and to that End, re-
ſorting in great numbers in a Warlike manner to the very Doors of the
Said Houſe, Armed with Swords, Piſtols and other Weapons ready; and
intending to fall upon the ſaid Houſe, and to have cut the Throats of
the Members there, as by divers Examinations clearly appears ; where-
by this Parliament might haze been Diſolved in Blood and Confuſion,
the relief of the Proteſtants in Ireland preven'ed, and an evident and
Speedy way opened to the Ruin of us and our Religion here in this Kingdom,
but failing of their hopes therein through the great Mercy of God towards
us : nevertheleſ they ſtill perſist in their Wicked and Traiterous Courſes,
Confederating themſelves with Strangers, and Inſtigating Foreign Prin-
ces to joyn their Councells and Forces, and by Invaſion from abroad, and
Inteſtine Wars here amongst our ſelves, to waſt the Wealth and Subſtance,
and Totally to Annihilate the True Proteſtant Religion, and the whole
Frame of Government in all his Majefties Dominions; and building upon
that Foundation great Numbers of Soldiers, Papiſts and other dif-affeited
Perſons to our Ēxiſtence and Well-being, have Inrolled themſelves in a
Liſt under the Command of Perſons fit for the Execution of their wicked
Deſigns, and have made great preparations of Arms, Ammunition and
Viftuals in ſeveral Parts of the Kingdom ; where they have likewiſe had
frequent Aſſemblies to conſult, how they might compaß their deteſtable
Machinations, and through Malignant Counſels, have prevailed ſo far, as
to have the Tower of London, and other places of Eminent Strength
and Truſt, to be put in the hands of ſuch Perſons as we have juſt cauſe
to fufpečt will adhere to them, and turn the Strength of the Kingdom againſt
it ſelf.
All which the Lords and Commons in this preſent Parliament Aſſem-
bled, as Watch-men truſted for the good and well-fare of the Kingdom,
Church and State, having taken into their ſerious Conſideration, and La-
bouring by all fit means to prevent this great and threat’ning danger to
his Majeſties Royal Perſon, and to our Religion, Lives, Liberties and
Fortunes, have thought good to give a timely Advertiſement thereof, to
all bis Majeſties Subjects of the Reformed Proteſtant Religion, declaring
hereby, That they hold it neceſſary and adviſeable, that with all Expediti-
they put themſelves into a good poſture of Defence, to provide fit Arms
and Ammunition, and be ready upon all occaſions to defend the ſeveral
Counties from Domeſtick Inſurrections, and Foreign Invaſions; and that
the. Sheriffs, Juſtices of Peace, Majors, and Head-Oficers within their
Several Limits do take Care that their Magazines of Powder, Arms,
and other Ammunition be compleatly furniſhed, and that they cauſe ſtrong
Guards and Watches to be ſet in convenient places for the securing them
ſelves, and for the apprehending of ſuch Perfons, who they ſhall have juſt
cauſe to suſpect ; and if upon Examination any grounds of danger Jhall
appear,
1
7
+
!
1
1
;
852 An Impartial Collection of all the memorable Events
January, appear, to give notice thereof unto the Parliament, and that all Officers
16 41. take special care, that no Soldiers, Arms, or Ammunition be raiſed or le-
W vyed, nor any Caſtles, Forts or Magazines delivered up without his Maje-
ſties Authority fignified by both Houſes of Parliament.
This hopeful Declaration had the misfortune to become only an
Abortive; for when it came up to the Houſe of Lords, low prevalent
ſoever the Faction was there, yet they were aſhamed to own that for a
Child of Parliamentary Authority, which carried ſo many notorious
Fallhoods and Calumnies, moſt eaſic to be detected, in the Front of it
and
yet this thing which was to be impoſed upon the Nation for ſó
great a Truth, was compiled out of 3 or 4 Parcels of the ſame kind of
Stuff
, but much Coarſer, which were drawn up by the Committees
at Guild-Hall
, and Grocers-Hall; and out of which the Committee for
this Declaration were, by the appointment of the Houſe, Ordered to
frame it; and they accordingly licked thoſe Monſtrous and Deformed
Cubbs into this Bear, which begins with the Papiſts, but flies directly at
the Throat of his Sacred Majeſty, the beſt Proteſtant in all his Domini-
ons : And this was one of the greateſt Artifices of the Faction to Sail
with this Side-wind, as if they intended to fall furiouſly upon the Pa-
piſts; but then to make a ſudden Tack, and pour in all their Broad-
ſides of Calumnies, Plots, and Conſpiracies upon the King himſelf, and,
the Loyal and Orthodox Proteſtants, whom under the Notion of Ma-
lignants, Popiſhly-affected, and Adherents to the Papiſts, they ſtill drew
into the Deſigns which they ſaid were laid againſt the Parliament,
Kingdom, and the King himſelf
, againſt whom the Bolt of their Thun-
der was always directly levell'd, though the Noiſe and Crack founded
nothing but Papift.
There are two or three Paſſages very remarkable, that I cannot but
turn them upon themſelves : For when they charge theſe Plotters and
Papiſts, that they had a Deſign, To make a Diviſon of the Body of this
Common-wealth from the Head thereof, they themſelves it ſeems were
in that Deſign, afterwards putting that horrid Plot in Execution, by
cutting off, not only in a Political but Literal Senſe, that Illuſtrious
Head of their Sovereign, both from his own, and the Body of the Com-
mon-wealth. And whereas afterwards they Charge this Malignant
Party with a Deſign, by inteſtine Wars here amongst our ſelves, to waſt
the Wealth and Subſtance, and Totally to Annihilate the True Proteltant
Religion, and the whole frame of Government in all his Majeſties Domi-
nions : There certainly never was in fo few words ſo true a Character
of their own ſubequent. Actions; and had they ſitten for their Picture
in Miniature to the fam'd Appelles, who uſed to boaſt of his Art, that
he painted for Eternity, it had been impoſſible for him to draw them
more exactly to the life with his Pencil, then in theſe words they have
drawn themſelves with their own Ink; the blackneſs of which, though
intended for the King and the Loyal Party, will, with, an Ex ore tuo,
ſtick to their Memories ſo long as there remain any Records of time;
and Poſterity will eaſily diſcern who were the Plotters to Subvert the
Government, not by the Charge but the Execution : and
may
from
hence draw this ſerviceable Aphoriſm, That no Perſons are more likely
to deſign againſt a Government, or to bring the People into Slavery, then
Such Subjects as Arraign their Sovereign with Deſigns of Erecting Arbi-
trary Power, and introducing Popery : Which were the two main En-
gines,
{
7
1
.
1:
.:
.
Lhr
4
from the Scotch Rebellion to the King's Murther. 853
gines, by which this. Rebellious Faction undermined, and overthrew
Fanuary,
the beſt Church and Government in the Chriſtian World ; and rendred
I 641.
the Freeſt People of Europe, the moſt Abject Slaves in Chriſtendom, to lo
the Arbitrary Uſurpations of their fellow Subjects, and Servants, in
every thing that Men eſteem valuable, whether Life, Liberty, Fortune,
or Religion.
But whether the Lords would conſent or not, the materials out of
which this Declaration was drawn, being the reſults of ſeveral Debates
of the Committee at Guild-Hall
, and Grocers-Hall, got immediately into
the Preſs, and from that Mint of miſchief, flew like Lightning through
the Nation, to the intolerable Scandal of his Majeſty. And yet the
very chief Aggravation of this Action of his Majeſties, of the Infolence
of the Soldiers, is by one of the News-writers of the Party and Times
before mentioned, taken off from the King and his Retinue ; Who, he
faith, demeaned ihemſelves Civilly ; though this Declaration takes no
notice of that: And in truth, who conſiders how ill the Parliament had
treated the Soldiers, both during their being in Arms, and after the
Disbanding, will not think it ſtrange, for ſuch a ſort of Men who have
Mars predominant, ſhould be apt to vent their private Reſentments,
againſt thoſe Perſons whom the King had Impeached of Treaſon, and
to whom they owed all their Sufferings : But to put this to the King's
Score was a Barbarous injuſtice, which none but ſuch Men as had ſha-
ken hands with all Reſpect as well as Loyalty to the King, could be guil-
of. But ſee the Paper it ſelf.
ty
and Grocerse
hall Drawo
into a Decla
A Declaration of the Houſe of Commons, Touching a late Breach of their The Debates
Priviledges ; And for the Vindication thereof, and of divers Mem- at Grild-ball
bers of the ſaid Houſe.
WHereas the Chambers, Studies, and Trunks of Mr. Denzill Hollis, Sir Ar- ration, con-
thur Haflerig,Mr, John Pym, Maſter John Hampden, and Mr. William Strode, Breach of Pri-
Eſquires, Members of the Houſe of Commons, upon Munday the third of this viledge,&c.
inſtant January, by colour of His Majeſties Warrant have been ſealed up by Mr. Glya Res
Sir William Killigrew, and Sir William Flemen, and others, which is not only a- ports from
gainſt the Priviledge of Parliament, but the common liberty of every Subject: Fan. Geb.
ů hich ſaid Members afterwards the ſame day were under the like colour, by 1641.
Serjeant Francis, one of His Majeſties Serjeants at Arms, contrary to all former
Preſidents demanded of the Speaker ſitting in the Houſe of Commons, to be
delivered unto him, that he might Arreſt them of High Treaſon. And where-
as, afterwards the next day His Majeſty in His Royal Perſon, came to the ſaid
Houſe attended with a great multitude of men armed in warlike manner, with
Halberts, Swords and Piſtols, who came to the very door of the Houſe and.pla-
ced themſelves there, and in other places, and paſſages neer to the ſaid Houſe,
to the great terrour and diſturbance of the members, then ſitting;and according
to their duty in a peaceable, and orderly manner, treating of the great affairs
of England and Ireland.
And his Majeſty having placed himſelf in the Speakers Chair, demanded of
them the Perſons of the ſaid members to be delivered unto him, which is a high
Breach of the Rights, and Priviledges of Parliament, and inconſiſtent with the
Liberties,and Freedome thereof. And whereas afterwards His Majeſty did iſlue
forth ſeveral warrants to divers Officers under His own hand, for the appre-
henſion of the Perſons of the ſaid members, which by Law he cannot do; There
being not all this time, any Legal charge or accuſation, or due Proceſs of Law
iſſued againſt them, nor any pretence of charge made known to that Houſe ;
All which are againſt the Fundamental Liberties of the Subject and the Rights
of Parliament. Whereupon we are neceſſitated, according to our duty; to de-
clare ; And we doe hereby declare, that if any perſon ſhall arreſt Mr. Hollis,
Sir
1
1
Aer
+
I 641.
4
Mr. Wbit.
854 An Impartial Collection of all the memorable Events
January, Sir Arth. Haflerig, Mr. Pym, Mr. Hampden, and Mr. Strode, or any of them,
or any other Member of Parliament, by pretence or colour of any Warrant
illuing out from the King only, is guilty of the Breach of the Liberties of the
Subject, and of the Priviledge of Parliament, and a publick enemy to the Com-
mon-Wealth. And that the arreſting of the faid Members, or any of them,
or of any other Member of Parliament, by any warrant whatſoever, without
a Legal Proceeding againſt them, and Without conſent of that Houſe, where-
of ſuch Perſon is a Member, is againſt the Liberty of the Subject, and a Ereach
of Priviledge of Parliament ; And the Perſon which ſhall arreſt any of
theſe Perſons, or any other Member of the Parliament, is declared a publick
Enemy of the Common-Wealth. Notwithſtanding all which we think fit fur-
ther to declare, That we are ſo far from any endeavours, to protect any of
Our Members, that ſhall be in due manner proſecuted according to the Laws
of the Kingdom, and the Rights and Priviledges of Parliament for Treafon, or
any other Miſdemeanours, That none ſhall be more ready and willing then we
our ſelves to bring them to a ſpeedy,and due tryal, being ſenſible that it cqual-
ly imports us, as well to ſee juſtice done againſt them that are criminous, as to
defend the juſt Rights and Liberties of the Subjects and Parliament of England.
loker's Reports
And whereas upon ſeveral examinations taken the feventh day of this inſtant
from Grocers. Janılary, before the Committee appointed by the Houſe of Commons, to ſit in
Hall Jan. 815. London, it did fully appear, that many Souldiers , Papiſt and others, to the
164"
number of about 5oo. came with his Majeſty on Tueſday laſt to the ſaid Houſe
of Commons, armed with. Swords, Piſtols, and other weapons ; and diverſe
of them preſèd to the door of the ſaid. Houſe, thruſt away the door-Keepers,
and placed themſelves between the ſaid door ; and the ordinary attendants of
His Majeſty, holding up their Swords, and ſome holding up their Piſtols ready
Cock'd near the ſaid door ; and ſaying, I am a good Markſman, I can hit right
I warrant you, and they not ſuffering the ſaid door, according to the cuſtom of
Parliament to be fhut, but faid they would have the door open, and ifany op-
poſition were againſt them, they made no queſtion, but they ſhould make their
party good, and that they would maintain their party; and when ſeveral mem-
bers of the Houſe of Commons were coming into the Houſe, their attendants de-
ſiring that room might be made for them, ſome of the ſaid Couldiers anſwered,
A Pox of God.confound them, and others ſaid, A Pox take the Houſe of Com-
mons; let then come and be hang'd, what a doe is here with the Houſe of Com-
mons? and ſome of the ſaid Souldiers did likewiſe violently aſſault, and by
force difarm ſome of the Attendants, and ſervants of the Members of the Houſe
of Commons, waiting in the Room next the ſaid Houſe; and upon the
Kings- řeturn out of the ſaid Houſe, many of them by wicked oaths, and other-
wiſe, exprefled much diſcontent, that ſome Members of the ſaid Houſe for
whom they came, were not there, and others of them ſaid, when comes the
word? and no word being given at His Majeſtics coming out, they cryed a
lane, a lane ; afterwards ſome of them being demanded, what they thought
the ſaid company intended to have done anſwered, That queſtionleſs in the
poſture they were ſet, if the word had bin given they ſhould have fallen upon the
Houſe of Commons and have cut all their throats. Upon all which we are of
opinion, that it is ſufficiently proved, that the coming of the ſaid Souldiers, Pa-
pilts, and others with his Majeſty to the Houſe of Commons on Tueſday lait,
being the fourth of this inſtant January, in the manner aforeſaid, was to take
away ſome of the Members of the ſaid Houſe ; and if they ſhould have found
oppoſition, or denyal, then to have fallen upon the ſaid Houſe in an hoſtile
manner. And we do hereby declare that the ſame was a Traiterous deſign
againſt the King and Parliament. And whereas the ſaid Maſter Hollis,Sir Arthur
Haflerigg, Mr. Pym,Mr. Hampden, Mr. Strode, upon report of the coming
of the faid souldiers , Papiſts , and
Papiſts, and others in the warlike and hoſtile
manner aforeſaid, did with the approbation of the Houſe, abſent themſelves
from the ſervice of the Houſe, for avoiding the great, and many inconvenien-
cies, which otherwiſe apparently might have hapned : Since which time a
printed paper in the form of a Proclamation, bearing date the ſixth day of this
inſtant January, hath illued out for the apprehending and impriſoning of them,
therein ſuggeſting that through the Conſcience of their own guilt, they were
abſent
7
.
Grocers-hall
:
A
from the Scotch Rebellion to the King's Murther. 855
abſent and fled, 110t willing to ſubmit themſelves to juſtice ; We do further January,
declare,. That the ſaid printed paper is falſe, ſcandalous and illegal, and that
notwithſtanding the ſaid printed paper or any warrant iſüed out, or any o-
I 641.
ther matter yet appearing againſt them or any of them, they may and ought to
attend the ſervice of the ſaid Houſe of Commons, and the ſeveral Committees
now on foot. And that it is lawful for all perſons whatſoever to lodge, hai-
bour, or converſe with them, or any of them; And whoſoever ſhall be queſtio-
ned for the ſame, ſhall be under the protection and priviledge of Perliäinent.
AndWe do further declare, That the publiſhing of ſeveralArticles purporting Mr. Glyn re-
a form of a charge of high Treaſon againſt the Lord Kimbolton, one of the Mem- ports from
bers of the Lords Houſe and againſt the ſaid Mr. Hollis, Sir Arthur Haflerig, Mr.
Pym, Mr. Hampden, and Mr. Strode, by Sir William Killigrew, Sir William Flemen, 1641.
Jan. 10th.
and others in the Innes of Court, and elſewhere in the Kings Name, was a high
Breach of the priviledge of Parliament, a great ſcandal to his Majeſty and His
Government: A feditious Act manifeſtly tending to the ſubverlion of the peace
of the Kingdom, and an injury, and diſhonour to the ſaid Members, there being
rio legal charge or accuſation againſt them.
The priviledges of Parliament, and the liberties of the Subject ſo violated
and broken, cannot be fully and ſufficiently vindicated, unleſs His Majeſty
will be graciouſly pleaſed, to diſcover the names of thoſe perſons, who adviſed
his Majeſty to iſſue out Warrants, for the Sealing of the Chambers and Studies
of the ſaid Members, to ſend a Serjeant at Arms to the Houſe of Commons, to
demand their faid Members, to iſlue out ſeveral Warrants under His Majeſties
own hand, to apprehend the ſaid Members. His Majeſties coming thither, in his
own Royal perſon. The publiſhing of the ſaid Articles, and printed paper in
the form of a Proclamation againſt the ſaid Members, in ſuch manner as is be-
fore declared; To the end that ſuch perſons may receive condign puniſhment.
And this Houſe doth further declare, That all ſuch perſons as have given any' Vored Jan.
Counſel, or endeavoured, to ſet or maintain diviſion or diſlike, between the 17th. 1641.
King and Parliament, or have liſted their names, or otherwiſe entred in-
to any combination or agreement to be aiding or aſſiſting, to any
ſuch coun-
cel or endeavonr, or have perſwaded any other fo to do, or that ſhall do a-
ny the things above mentioned ; And ſhall not forthwith diſcover the fame to
either Houſe of Parliament : Or the Speaker of either of the ſaid Houſes re-
ſpectively, and diſclaim it, are declared publick enemies of the State, and peace
of this Kingdom and ſhall be inquired of and procecded againſt accordingly.
But to proceed. This Morning Sir Henry Váne, Sir Walter Erle, Sir
Sam. Rolls and Sir Simon D'Enes,were appointed to examinethe Pacquet
from France, directed to Mr. Crofts, which they did, and Reported, That
they found nothing in thoſe Letters of any Conſequence.
Mr. Whittacre alſo Reported, That he had ſearched the Lodgings of
Sir James Hamilton, according to the Order yeſterday, but found no Arms
there, as was informed.
Whereupon, Mr. Long, Mr.Whittaker, Mr. Strode, Sir Arthur Halle- Committee to
rig
, Mr. Cary, Mr. Arthur Goodwin, Şir Fohn Franklyn, Mr. Whitehead, Informations
.
Sir Fobn Evelyn, Mr. Wheeler, Sir John Holland, Sir Robert Pye, Mr.
Glyn, Mr. Brown, Mr. Reynolds, and the Citizens for London, were ap-
pointed to be a Committee, and they or any three of them, to have
Power when Informations come to be given to the Houſe, to examine
them, and if they find them worth the knowledg of the Houſe, to ac-
quaint the Houſe therewith, and if they find them not of any conſe-
quence, to diſmiſs the Buſineſs and the Parties; and they have power
to fend for Parties, Witneſſes and Writings, and to make ſearches as they
ſee Cauſe, and to open Doors, Cheſts or Trunks.
There is nothing can make it more evident, then the appointing this
Committee, that theſe people were abundantly ſatisfied and ſenſible, that
they were horribly impoſed upon, by frivolous Informations; and yet
they were ſo void either of Honor, Honeſty.or Conſcience, without due
Vol." II.
Rrrrr
Exāmination,
1
1
+
K
$
rese lepote *y
2
1
Gunners of the
Tower exa-
Commons
856 An Impartial Collection of all the memorable Events
January, \Examination, to impoſe thoſe falſe Informations upon the Nation, as
1 641. Igreat Truths, as particularly, the Lord Digbie's being at King |łon with
500 armed Men, which made ſuch a noiſe, that the Trained Bands, and
Polle Comitatus were raiſed to diſperſe a Rebellious Aſſembly, of a Coach
and ſix Horſes, and the ordinary Retinue of a Nobleman: but this was
their Way, and they were not concerned to ſearch for the truth of.
their Informations, but the Conſequences of them, and whether they
would turn to Account, to blacken the King, and inflame the Peo-
ple.
His Majeſty had ſent down Captain Legg, to take Charge of the
Town of Hull
, and the Ammunition there, whereupon the Commons,
who had before Ordered Sir John Hotham to be Governor, a Commit-
tee was appointed to conſider of the Bail given to the Serjeant, for any
Perſon committed by the Houſe to the Cuſtody of a Serjeant, and to
report their Opinion to the Houſe, both concerning the Bail
, and Perſons
*bailed, and upon their Report, It was Ordered, That thoſe Lords that
are Bail for Captain Legg, ſhall be moved to bring in Captain Legg
forthwith, and the Serjeant is to move thoſe Lords accordingly.
The Officers and Gunners of the Tower having been Summoned to
attend the Houſe, and accordingly appearing, it was Ordered, That Sir
miocd by the
Gilbert Gerrard, Mr. Hampden, Sir Robert Pye and Sir Henry Mild-
may, do Examine the Officers of the Tower now at the Door, what Per-
Sons ſuspected, have been lately put into the Tower, and to ask them if they
will all take the Proteſtation ; and to acquaint them, That this Houſe ſent
for them in reſpect that they have a good Opinion of them, thinking they
might have had occaſion to uſe them, but at this time they have not, and
No to diſmiſs them.
The Houſe was then informed, That the Lieutenant of the Tower Sir
the Commons John Byron was at the Door, who was called in to the Bar, and kneeled
there a while, and then riſing again, delivered an humble Petition to the
Houſe, which was read, and it was Ordered, That the Serjeant ſhould
acquaint him, that the Houſe hath read his Petition, and in due time will
take it into Confideration.
Friday,
The Commons having deſired the Lords to joyn with them, in an
Fanuary, 14. lOrder for ſeveral Counties; to raiſe Force to Suppreſs the pretended Ar-
of the Lord Digby aſſembled at Kingſton, the Lords this Day made
a general Order, for ſuppreſſing all Tumults, and unlawful Afſemblies
tlıroughout this whole Kingdom; as follows.
Order for fup-
preſſing Tu.
Hereas Information hath been given to the Parliament, That the
mults.
Lord Digby, Son to the Earl of Briſtol, and Colonel Lunsford,with
others have gathered Troops of Horſe and have appeared in warlike Manner
at Kingſton upon Thames, in the County of Surrey, where the
Magazine of
Arms for that part of the County lies, to the Terror and Affright of his
Majeſties good Subječts, and diſturbance of the Publick Weal of the King-
dom, It is this Day ordered by the Lords and Commons in Parliament,
That the Sheriffs of the ſeveral Counties of England and Wales, calling to
their
. Aſſiſtance the Juſtices of the Peace, and the Trained Bands of the
ſeveral Counties, or ſo many of them, as ſhall be neceſſary for the Service,
Thall suppreſs all unlawful Aſemblies gathered together, to the Diſtur-
bance of the Publick Peace of the Kingdom, in their ſeveral Counties re-
spectively, and that they take Care to ſecure the ſaid Counties, and all the
Magazins in them.
Licutenant of
the Tower at
Bar.
my
And
A
1
be
보
​I
Meſta gecon-
-.
1
1
1
:
!
from the Scotch Rebellion to the King's Murther. 857
And it was ordered to be Printed and Publiſhed in all Market Towns Fanuary,
in the Kingdom.
1 641.
A Meſſage was then brought up from the Commons, by Sir Gilbert
Gerrard to deſire their Lordſhips, To joyn with the Houſe of Commons, to cerni ngrie
injoyn the Marquiſs of Hertford, appointed by his Majeſty to be Governor Prince and
to the Prince, as be will anſwer the Breach of that Truji, that doth ſo im- of Hertford.
mediately concern the preſent and future peace and Safety of the three
Kingdoms, forthwith to repair to the Prince, and according to the Duty
of bis Place, to take care of him, and to give his Perſonal attendance on
his Highneſs, and to be very watchful to prevent, that he be not carried
out of the Kingdom. And the Houſe of Coinmons do further declare, and
deſires the Lords will do the like, That whatſoever Perfon ſmall be ada
vifing, or aſſiſtant to the conveying of the Prince out of the Kingdom, or at-
tend his Highneſs in his fourney, ſhall be declared and reputed a Puba
lick Enemy to the Proteſtant Religion, and the Peace and Safety of the
three Kingdoms. And that the Lords be likewiſe moved to joyn with the
Houſe of Commons, in an humble Deſire to his Majeſty, That he will not
for any Cauſe whatſoever, permit the Prince to be carried out of the
Kingdom, without the humble Advice ard Conſent of Parliament.
Thereupon, It was Ordered, That this Houſe agrees with the Houſe
of Commons, in all the aforeſaid Particulars, and will joyn with them in the
whole, as is deſired,
And this Vote was drawn into an Order, and the Marquiſs of Hert-
ford ordered to acquaint the King with it.
The Lord Marquiſs of Hertford being in the Houſe, gave their Lörd-
ſhips this Account, That when the King went to Hampton-Court, “hë de-
manded the Prince of him, and took him away with him in his Coach in
the Afternoon, and his Majeſty commanded his Lordſhip to ſtay here; his
Lordſhip therefore deſired this Houſe would require no more of him, then
he is able to perform, and as far as in him lay, he would oley their Lord-
ships Cormand to attend the Prince, and if there be cauſe of Fear, as
the Parliament Apprehends, he' will give Advice thereof to the Parlia-
Then the Earl of Bath Reported, That he had been with the States Dutch Ambaſ-
Ambaſador, to defire him, That he would give preſent Order to the to order the
States Ships that lie before Dunkirk, and other Ports of Flanders, for the States Ships to
ſtaying of all Ships, as are laden with Arms, Ammunition or Proviſions, Dunkirk going
and bound for the Relief and Aſiſtance of the Rebels of Ireland. The for Ireland.
Ambaſador faith he had alrerdy received Intimation from the Committee
of the Houſe of Commons to this purpoſe, and accordingly hath ſent Order
to their General Van Trompe, but he deſires he may have the deſires of
the Parliament in Writing, that upon all Occaſions be may know the better
what to do therein.
A Meſſage was brought up from the Houſe of Commons, to deſire
that their Lordſhips would proceed upon the Bill depending before them,
for taking away the Votes of the Biſhops out of their Houſe, and diſ-in-
abling all perſons in Holy Orders for Exerciſing any Temporal Juriſdi&tion
or Authority. To which the anſwer was returned, That the Houſe will
proceed thereix with Convenient Expedition.
Declaration
After this, the Declaration brought up Yeſterday from the Houſe of for putting
Commons, concerning the putting of the Kingdom into a Poſture of De- the Kingdom
fence, was taken into Conſideration, and the Houſe was adjourned into of Defence re.
a Committee during Pleaſure, to debate the Preamble of it; and after jc&ted by the
Vol. II.
Rrrrr 2
much
1
ment.
..
Lords
1
11
858 An Impartial Colle&tion of all the memorable Events
January, much Debate, the Houſe was reſumed, and the Queſtion was put, When
1 6 41. ther that the Narrative in this Declaration ſhall be referred to a Commita
J. tee, to be so penned, as that it may appear to be the Narrative onely of the
Houſe of Commons, and thereupon to be ſo publiſhed; But it was Reſolved
by the Major part Negatively. Whereupon their Lordſhips reſolved to
have a Conference to morrow with the Houſe of Commons to hear the
Reaſons that induced them to make this Narrative in this Decla-
ration.
Then the Lord Keeper ſignified to the Houſe, That he had now receiv-
ed a Letter from the King, with a Melage, which his Majeſty hath com-
manded him to deliver preſently to both Houſes of Parliament. The
King's Letter was then read, in theſe Words.
My Lord Keeper,
The King's
Letter to the His is to Command you, to deliver that which is contained within
L.Keeper with 1 this incloſed Paper, as a Meſſage from Me, to both Houſes, and that
a Meſtage to
both Houſes, inſtantly without delay; And ſo I reſt
Jan. 14.1641.
Your Aſſured Friend
: Windſor, Fan.
Charles R.
14. 1641.
+
.
1
r
+
The Meſſage was as followeth.
Is Majeſty being no leſs tender of the Privileges of Parliament, and
thinking himſelf no leſs concerned, that they be not broken, and
that they be alerted and vindicated whenfoever they are ſo, then the Par-
liament it self, bath thought fit to add to his last Meſage, this Profeſion ;
That in all his Proceedings againſt the Lord Kymbolton, Mr. Hollis, Sir
Arthur Haſlerigg, Mr. Pym, Mr. Hampden and Mr. Strode, he had ne-
ver the leaſt Intention, of Violating the leaſt Privilege of Parliament, and
in caſe any doubt of Privileges remain, will be willing to clear that, and
aſſert thoſe, by any reaſonable Way, that His Parliament ſhall adviſe him
to; Upon Confidence of which, He no way doubts, His Parliament will
forthwith lay by all Jealouſies, and apply themſelves to the Publick and
Preſling Affairs, and eſpecially to thoſe of Ireland, wherein the Good of
this Kingdom, and the true Religion, which ſhall ever be bis Majesties
firſt Care, are ſo highly, and so nearly concerned: And his Majeſty, al-
ſures himſelf, that his Care of their Privileges, will increaſe their tender-
neſs of his lawful Prerogative, which are lo neceſary to the mutual De-
fence of each other, and both which will be the Foundation of a perpetual
perfect Intelligence between his Majeſty and Parliament, an dof the Happyneſs
and Proſperity of His People.
Hereupon he ſent Juſtice Foſter and Juſtice Mallet to deſire a Confe-
rence with them concerning this Meſſage from the King.
Thus did this Admirable Prince by continual and repeated endeavors
ſeek to bring the differences between him and the Parliament tò a happy
compoſure, but without any Effect; for the Heads of the Faction whom
he had accuſed, and many others who were of the Confederacy, were
too well acquainted with their own Guilt, to truſt to a Fair and Legal
Trial, and could not think themſelves in any condition of Security fo
long as the King was undeveſted of his Royal Authority, and in a capa-
city by being poſſeſſed of the Sword of Power, to turn the Sword of
Law
49
2
.
4M
I
}
I 6 41.
1
ſearch the La-
Arms.
Order to
former.
from the Scotch Rebellion to the King's Murther
. 859
Law and Juſtice againſt ſuch high Criminals, as had Leen the .contri- | January,
vers and fomenters of all the Troubles and Diſorders in the two King-
doms.
In the Houſe of Commons an Order was iſſued to the High Sheriff order to
of Suffolk, calling to his Aſſiſtance Sir William Spring, Mr. Maurice Bar- dy River's
row, or either of them to his aſſiſtance, to ſearch the Houſe of the Lady Houſe for
Rivers, and to ſeize what Arms they ſhall find there, and put them in
ſafe Cuſtody.
Another Order was iſſued to the Vice-Chancellor of Ox:01, the Ma-
jor, and Sir Nathaniel Brent Alderman of that City, or any two of them, featck for
to ſearch the Houſes of Mr. Green, Mr. Napier, at the Starr, and Mr. | Arms at Oxoii.
Williams, and any other ſuſpected Place, for Arms, and take good Or-
der to remove them, and put them in fafe Cuſtody, and fliall likewiſe
ſeize the Perſons of ſuch Recufants, as ſhall reſort to either of theſe
Places, or any other Houſe or Place within the Univerſity, or City of
Oxon.
It was alſo Ordered, That a Meſſenger be ſent Poſt on purpoſe to Ports-
mouth, with the Ordinance of both Houſes, and this Houſe undertakes to
ſee the Meſſenger paid.
Then Mr. Bagſhaw of Windſor was called in and did inform the Houſe, Bagſbiaw of
That the laſt Night as he went to Windſor, he ſaw divers Troops of Horſe, windſor an In-
That there came a Waggon loaden with Ammunition last Night to Wind-
for.
That there was another Waggon, that went away from Windſor to Farn-
ham:
Thätithere was a Meſſenger gone to Portſmouth.
That he was informed, there were about 400 Horſe in the Town, and
about ſame forty Officers. Whereupon Mr. Arthur Goodwin was ſent to
deſire the Lords to fit a while, in regard this Houſe doth believe they
ſhall have Occaſion to come up to them, with ſome Måtters of great
Importance. And preſently after Sir Edward Hungerford:went up to
the Lords to deſire a Conference touching the Peace and Safety of the
Kingdom.
And
upon
this Information, which was of the ſame Stamp with the
other about Kingſton, it was Ordered, That Serjeant Major General Skippon orde-
Skippon do take Care, That ten Horſemen be forthwith appointed to go out Scouts by
as Scouts from time to time, to bring Intelligence, if any. Forces do approach Land and Wa-
near the City, and this Houſe will undertake that they ſhall be ſatisfied:
and alſo to take care for the appointing of ſuch Boats, or ſmall Velels, as
Shall be neceſary by Water for the. Service aforeſaid, and the Houſe will
take care Satisfaétion alſo be given to thoſe ſo imployed.
It is impoſſible to enter into the Head of any Man of Senſe, that the
Faction was under any real Fears from this Information; but there is
another fort of Fear, a Politick Fear, which was by theſe preparations
of Scouts by Land and Water, to perſwade the City, that the Parlia-
ment had diſcovered ſome huge Plot againſt them, which they were fo
ſolicitous to prevent, for had the Information been true, as in probability
it was very falſe, ſince Bag Shaw does not affirm.it of his own Knowledg,
but by a fecond-hand Information, which he had met with, what oc-
caſion of Fear could 400 Men give to the City of London, or, to the
Parliament, the Houſe of Commons being able to have given: Battle
to ſuch a Number, if they should have had any Deſign againſt
them, as they indeavoured to make the City and the whole Nation
believe
But
r
1
1
1
ter.
1
1
>
860 An Impartial Colle&tion of all the memorable Events
Fanuary,
But the Faction had a very particular Service for theſe ſtrange Ru-
1 641. mors, which they fo induſtriouſly fomented and magnified; and that
was by the help of theſe imaginary Dangers to wreſt the Sword of the
Militia out of His Majeſties hands, for unleſs they had the inanage-
ment of it, they nor the Kingdom, as they made the People believe,
could not be in any condition of Safty : And in order to this
Committee
for purring the
Kingdom into
a poſture of
defence.
Mr. Pierpoint,
Sir Richard Cave,
Mr. Hollis, and
Mr. Solliciter
Mr. Glyn,
Sir Philip Stapleton, Sir H. Vane,
Mr. Chancellor of the Exchequer.
were appointed to be a Committee to conſider of ſome Heads, and pre-
ſent them to the Houſe to morrow morning, for putting the Kingdom
into a Poſture of Defence.
Then his Majeſties Anſwer to the deſires of the Commons, concern-
ing Arms for Ireland, was read as followeth.
1
+
H
;
His Majeſtics IS Majeſty having conſidered of the Meſage delivered to him
Anſwer to the
from the Houſe of Commons of the 12th of this preſent Month,
Commons
concerning
whereby it is defred, that he ſhould give a general Warrant for delive-
Arms out of ry of Arms and Ammunition for the Service of Ireland, returneth this
the Stores for
Anſiver, That as His Majeſty' hath been very careful to contribute all
Ireland.
that poſibly he could, for furniſhing Proviſions for the Relief of Ireland,
so he ſhall be ready to give Warrants immediately from time to time, for
any particulars that Mall be thought. fit by his Parliament, to be ſent out
of his Stores for that Service ; and for the preſent hath given Warrant
for the delivering 1500 Muskets, with all things to them belonging; and
500 Pikes and Corlets; and 2000 Swords, out of his Tower of London
and Arms for 500 Horſe out o the Magazine of Hull.
Saturday,
The Earl of Newport this day ſignified to the Houſe, That he had
January 15.
received Warrants from the King to Tranſport the Arms and Ammunition
deſired for Ulſter, only he wants Money and Ships to convey them.
A Conference was had between the Lords and Commons concern-
Reports the ing the Lieutenant of the Tower, which the Lord Keeper thus Repor-
ted, That the Houſe of Commons conceive the Tower of London to be a
concerning
Place of that great Importance, that they do renew a former Motion, that
the Lieutenant
of the Tower. their Lordſhips would joyn with them humbly to Petition the K’ing, that
the Lieutenant now in may be removed, and ſuch a perſon put in, as the
King, Parliament, and City may confide ir.
The Parliament confides not in Sir Jolin Byron, becauſe he hath been
diſobedient, and hath refuſed to come upon the Summons of both Houſes
of Parliament ; not that they Speak this as defiring it may be a cauſe of
Puniſhment upon him, but as a ground of diſtruſt.
The City ſays, Though the Lieutenant may be a worthy Gentleman,
otherwiſe, yet he is a Man unknown to them, which already cauſes ill Effects,
for Merchants begin to take away their Bullion out of the Mint, and write
Letters to their Factors to ſend no more : And at the preſent there is
a Ship come laden very richly with Bullion, but the Oiners do forbear
to bring it into the Mint, becauſe they cannot confide in the Lieutenant of
the Torper.
This concerns the city and Trade exceedingly, for it is a Charge to
the City to maintain a Guard about the Touer, therfore the Houſe of
'Commons
Conference
+
-
1
5
1
40
,!,
1
"'
+
C
.
1
.
from the Scotch Rebellion to the King's Murther. 861
ommons deſires their Lordſhips to join with them in an humble Petition, January,
to his Majeſty, That Sir John Byron now Lieutenant of the Tower may
6
be removed, and that Sir John Conyers may be recommended to his Ma-
jeſty for that Place.
But before the Houſe of Lords would give any Reſolution lierein, it
was Ordered, That the Common-Council of the City of London, the Mer-
chants that have Eſtates in Bullion, the Minters, and all others concer-
ned, ſhall be inquired of, whether there be a ſtay of the Mixt, or any for-
bearance of bringing in of Bullion into the Tower of London ; and if there
be, whether it proceeds in reſpect of Sir John Byron's being Lieutenant
of the Tower, and hereof ſpeedy Certificate to be made to the Lords in
Parliament.
A Meſſage was then brought from the Houſe of Commons by Denzil
Hollis Eſquire.
(1.) He brought up the Bill for the Relief of his Majeſties diſtreſed
Subjects of Ireland.
(2.) To defire the Lords to join with them in an Ordinance to ſecure
50006 l: borrowed of the Merchant Adventurers for the Affairs of Ire-
land.
(3.) To move the King to concur with both Houſes in the Order made,
giving Power to Sir John Hotham for ſecuring the Town of Hull, and
the Magazine there for his Majeſties Service. To which the Anſwer
was, That their Lordſhips will take the particulars into Confideration this
Afternoon.
The Ordinance for ſecuring the ſaid Merchant Adventurers was read
in theſe words.
1
Merchant ad
venturers
5
t
1
He Lords and Commons in this preſent Farliament Aſembled, having Ordinance of
a due Regard to the good Affections of the Governors, Aſiſtants and the Lords and
Fellowſhip of Merchant Adventurers of England, expreſſed in the preſent fecuring the
advancing and lending of 30000 l. of Lawful Money; and forwardneſs to
advance and lend the foreſaid Sum of 20000 l. more of liké. Money, if 50000 li
their Affairs will admit the ſame, for the ſecurity of this common-wealth,
in the ſupply of the preſent Affairs in Ireland, which the ſaid Lords and
Commons do take in very good part, and being reſolved to make a full and
juſt ſatisfaétion for the ſame, do hereby declare that the ſaid Sum of
30000 l. and ſuch Sum and Sums as they ſhall farther advance and lend
as aforeſaid, ſhall be fully ſatisfied and paid unto the ſaid Company of
Merchant Adventurers, into the hands of their Treaſurer for the time
being, with Interest, after the Rate of 8 1. per cent. for a Tear, out of
Such Moneys as ſhall be next raiſed by Authority of Parliament.
To which Ordinance the Lords agreed.
Then the Lord Keeper informed the Houſe, That the Commiſion was the Captives
The Ad for
come ſigned by his Majeſty, for giving the Royal Allent to two Bills ; one at Argiers, and
for preling of Marriners ; the other againſt Pyrates. Then the Lord for prelfing
Keeper, the Lord Great Chamberlain, and the Earl of Cumberland, three fed by com?
of the Commiſſioners being ſate upon a Form fet a-croſs the Houſe, miſſion:
between the Chair of State, and the Lord Keeper's Wool-fack, the Gen-
tleman-Ulher of the Black-Rod, was commanded to go for the Houſe of
Commons; whọ being come with their Speaker, the Lord Keeper. ac-
quainted the Lords and Commons, That his Majeſty having ſuch occas
fions, as he could not come to this Houſe; to give his Royal Aſent to the
Two
4
ነ
.
ho
+
1
+
1
1
The L. Kec
rence concer-
טוס
may
be
862 An Impartial Collection of all the memorable Events
January, Two Bills, in Perſon, hath given a Commiſſion under the Great Seal of
1641. England ; the Contents whereof was read openly ; which being done,
the Clerk of the Crown was commanded to read the Titles of the Bills
ſeverally in hæc verba, viz.
An Act for the freeing of the Captives of Argier, and to prevent the
taking of others.
An A&t for preſſing of Marriners and Soldiers, for the preſent Guard-
ing of the Seas, and the defence of his Majeſties Dominions.
Which being done, the Clerk of the Parliament pronounced the Royal
Aſſent to them particularly, and ſeverally in theſe Words,
Le Roy le Veult.
And then the Commons returned to their Houſe.
After this the Lord Keeper Reported the Conference yeſterday.to this
of the Confe Effect, That the Houſe of Commons received Information concerning di-
vers Forces of Horſes and Armed Men in a Warlike manner, which have
ning Bagham's been ſeen at Kingſton, and afterwards at Windſor, and now gone towards
Farnham ; and that Teſterday about 100 Men were met going from Lon-
don iowards Windſor, Armed with Piſtols ; and Waggons were going to-
wards Windſor, laden with Ammunition : The Houſe of Commons Jay, this
caufeth much wonder at this time, all at Peace, and a Parliament fitting,
that ſuch Forces ſhould be Levied ; therefore they deſire that it
declared by both Houſes, That whoſoever ſhall raiſe Forces at this time
without Conſent in Parliament, may be eſteemed Enemies and Diſturbers
of the Peace of the Kingdom, and that both Houſes will take care to Sup-
preſs them; and likewiſe the Houſe of Commons deſire, That a Meſage
be ſent to the King to this purpoſe, and to acquaint his Majeſty, that both
Houſes of Parliament will be very careful of the Publick Peace; and that
they hold it againſt the. Law, any Forces ſhould be so levied i And fur-
ther the Houſe of Commons acquaints their Lordſhips, That the Lord
Digby hath been with the Soldiers at Kingſton, and given them thanks
in the King's Name, and told them, That bis Majeſty came out of Lon-
don to keep them from being trampled in the dirt; therefore they de-
fire that the Lord Digby may be ſummoned to attend this Houſe forth-
with.
Hereupon it was Ordered, That the Lord George Digby ſhall be Sum-
Digby to ar-
moned forthwith to attend this Houſe as a Peer of this Realm, and hereof
tend the Houſe he is not to fail.
Directed to the Gentleman-Uſher attending the Houſe of Peers.
It will be worth the Readers while to caſt his Eye a little back, upon
the Information of Bagſhaw of Windſor ; upon which Foundation all
this Conference was built; and as there is little doubt but Bag haw faw
double, ſo the Commons looked through their uſual Multiplying Glaſs
,
and ſaw his ſingle Waggon of Ammunition, turned into Waggons; and
thoſe few Soldiers, which he only by Report heard to be at Windſor,
weré Multiplied into an Army : But they had a Deſign now behind
the Curtain, of ſeizing the Militia into their . Hands, either with, or
againſt the King's Conſent ; to which this noiſe of raiſing Forces by the
Lord Digby, was to contribute, by heightning and ſwelling the Peo-
ples!
Order to Sum-
mon the Lord
of Lords.
1
1
t
cortada
!
· from the Scotch Rebellion to the King's Murtber
. · 863
-
+1
H
.
1
f
1
matter of
ples Fears and Jealouſies, throughout the Nation, in order to ſmootli
their way to this great Deſign, upon which theſe Criminals of the Fa-
ction built their own Security, though they pretended the Safety of the
Nation.
But that I may give all the light I can poſſibly into this Affair, whichi
filled the City and Nation with Terror and Amazement, I will preſent
the Reader with the Lord Digby's Apology; which beſides the clear
account it gives of this Kingston Army, will alſo let in ſome light into
other dark and obſcure paſſages both before and after this time; and
will ſet the Arts and Intrigues of the prevailing Faction in ſuch a light
as will plainly diſcover their Ambition, Cruelty and Revenge : The
Paper ſpeaks this Language.
T may be wondred at, that, after well nigh a Years groaning under the moſt The Lord Diga
inſupportable Burthen of Publick Diſpleaſure, and Cenfure, I lould now bit's Apology
conſider my ſelf ſo much, as, in a general Calamity, to make an Apology giving an Ac
to the World; or ſhould hope, that at a time when ſo great clouds of Jealoulic
and diſeſteem hang over perſons of the moſt clear, and unblemiſhed Reputa- Kingſton, &c.
tions, ány thing I can ſay may reconcile me to thoſe affections, which have been
tranſported with ſo much violence to my prejudice. But whoſoever knowcth
me well, and the great trouble of mind I indured when I found my ſelf ( by
what demerit, God is my judge, I cannot gueſs)fallen from that proportion of
eſteem with my Country (of which I was pronder then I can be of any worldly
preferment) into ſo eminent a degree of disfavour with the repreſentative
body thereof ( upon whoſe wiſdom and Authority no man hath looked with
more reverence, and veneration ) that I was marked out as an Enemy to the
Common-Wealth, I am ſure cannot but expect from me ſome diſcovery of
that ſence, and that I ſhould, at leaſt endeavour to diſtinguiſh my misfortunes
from my faults, wherehy ſuch, who'áře not engaged in a peremptory un-
charitableneſs, may find cauſe to change thic Opinion they have taken upon truſt
of me.
Nor am Iout of hope, that the experience men have ſince had of the times
inclination to calumný, by the declining of ſo many perſons of Honour, and
integrity in the popular eſtimation, may at the laſt, open a way to ſo much ju-
ſtice and ingenuity on ny behalf, that all men may diſcern in their own right,
that if they ſhall ſo credulouſly conſent, upon general diſcourſes, to ſacrifice a
third mans Honour, and Reputation, they ſhall open a door to let in ruine
to themſelves, and may quickly loſe the advantage of their own inno-
I ſhall begin my unfortunate ſtory from the beginning of this Parliament ;
reflecting no further back upon the precedent, then in a remembrance of the
great comfort I then receiv'd in my countries acceptation of my firſt attempts
in its ſervice, at a time, as ſome were pleaſed to expreſs it, when the Court was
at the higheſt, whether to work upon mens ambitions or fears. Before that
time I am ſure I was as unacquainted with Action, as with Envy, having kept
more company with books, then with men, and being ſo well content with
that ſociety, that I had as little ambition, as merit to improve my condition.
To this Parliament I was ſent on the behalf of the Countrey wherein I lived,
and truly, if I broughtany paſſion or affection thither with me, it was my for-
mer warmth improved againſt thoſe preſſures, and the perſons who begot thoſe
preſſures, which were grievous to the people, and againſt theſe I will with-
out vanity ſay, that I brought as great a reſolution to diſcharge my conſcience
and my duty, as any man in that Aſſembly, and had the happineſs for ſome
Months, to receive that teſtimony. My converſation was, and I made or indea-
voured to make my friendſhips, with thoſe, whoſe experience, and abilities,
were moſt eminent for the publick ſervice, and to the reputation and authori-
ty of theſe men, I confeſs, for a while, I gave my ſelf up with as much fubmif-
fion, as a man could without reſigning the uſe of his own underſtanding. In
ány thing that was neceſſary, or buit probably pretended to be neceſſary, for
the Common-Wealth, we never differed in the leaſt degree ; but in improve-
Vol. II.
Srrrr
cence.
1
iments
:
1
:)
864 Ar Impartial Collection of all the memorable Events
Jaunary ments, in real alterations, which were to be govern'd by prudential motives,
1 641.
we were not always of one mind. And whoſoever remembreth the paſſages
of that time, muſt call to mind, that the firſt declination I ſuffer'd from the
intereſt I ſeem'd to have, was in the buſineſs of the Church: lí which having
had frequent conſultations with the chiefeſt Agents for a Reformation, and fin-
ding no three men to agree upon what they would have in the place of that
they all reſolv'd to remove, I agreed not with the prevailing ſenſe, having not
hardineſs enough to incline to a mutation, which would evidently have ſo
great an influence upon the peace, proſperity, and intereſt of the whole King-
don. And thus, from the firſt debate of Epiſcopacy, upon the London Petici-
on,
all men obſerv'd the date of my unmerited ſavour began to expire. Then
came on the Tryal of the Earl of Strafford, in the which I muſt ſay, I failed not
of my duty in proving the charge and evidence, before thoſe who were to
judge of both. In the diſcharging of that duiy, it was my fortunc, by the
unlucky acception of ſome exprellions of mine, to draw upon me a ſharp ma-
lignity from ſome perſons of much intereſt in the Houſe, which never failed
to manifeſt it felf, after that accident, upon every the leaſt occaſion.
About this time, I was told by a Friend, that I loſt much of 'my credit by be-
ing obſerv'd to be ſo much at Court; I replyed, that I had not then the ſame
juſtice with other men, who were there more then I, though they avowed it
leſs ; that it was a principal joy to me, to ſee thoſe perſons, who had been
the prime Actors in the happy Reformation of this Parliament, ſo acceptable
at Court, and likely to have ſo great a ſhare in the chief places there, and the
conduct of affairs for the future. That ſince it had pleaſed His Majeſty to
give ſo Plenary a Redreſs to all the grievances of His Subjects, and to ſecure
them for ever from the like invaſions, by ſuch a Wall of braſs as the Trienni-
al Bill, I conceived that thence forward, there was no more to be thought on,but
how in a grateful return to His Majeſty to advance his Honour, and Plenty,accor-
ding as before ſuch happy ſettlements, I had often heard thoſe principal inten-
dents of the publick good moſt ſolemnly profeſs,and conſequently,that the Court,
and Countrey were, in truth,now to be all of a piece, and there would hereafter
be no more cauſe of jealouſie between them : Laſtly, that, howſoever, I
thought my ſelf as likely to do good there, as to receive hurt.
The firſt Evidence I had of the disfavour of the Houſe of Commons, ( where
I had ſerved with all faithfulneſs, diligence, and humility,) was upon the prin-
ting of my Speech to the Bill of Attainder of the Earl of Strafford. As for the
Good-Fridays Exerciſe which the delivery of it in the Houſe procur'd me, I
reputed that a moſt comfortable and eminent teſtimony of the continuance
ftillof much juſtice and favour towards me in that Honourable Houſe; ſince,
after a dozen diſtinct charges upon the ſeveral paſſages of that Speech, urged
againſt me with great ſtrictneſs and acrimony, by that number of the moſt e-
minent perſons there, both in abilities and intereſts; and at a time when cer-
tainly moſt men of my opinion were at their Devotions, they were not able af-
ter four hours debate to expoſe me, either upon the main matter, or upon the
by unto the leaſt reprehenſion.
For the thing it ſelf, I will ſay no more of it, but that it hapned to be upon
a very unpopular argument; but the cauſe and circumſtance of the printing it,
.
I did not find only that it was unfaithfully reported, and uncharitably in-
terpreted, but was inform'd, that Copies went abroad of it fo fally, and mali-
ciouſly collected, as made the whole Speech a juſtification of my Lord of
Straffords innocence, and Sir Lewis Dives having heard of ſuch a Copy in the
Houſe of a Citizen of good quality, where he heard me mentioned as a perſon
fit to have his name fixt upon ports, that I might be torn in pieces by the peo-
ple; upon that Reaſon carneſtly deſired me to give him a true Copy of what
I had ſaid in that Argument, which I did, and he forthwith gave direction for
the printing it, without any privity of mine. Yet, if I had conſented to it, and
directed it, I profeſs, I ſhould little have imagin’d, that ( at a time when
there
was ſuch an univerſal licence taken to Print every thing, of how great irreve-
rence ſoever, ) either to Church or State, with Impunity, a speech made in
the Houſe of commons, a Speech ſo narrowly, and ſeverely fifted, and exami-
ned
1
was this,
1
11,641.
from the Scotch Rebellion to the King's Muriber. 865
ned there, and yet let paſs without the leaſt cenſure, either on the Speech it felf, | January,
or the Author; that the Printing of ſuch a Speech ſhould riſe to fo high a na-
ture, as to make me for ever uncapable of any Honour or Employment in the
Common-Wealth, I profeſs could hardly have faln within my Reaſon or fears
to ſuſpect. And yet 3 months after the fact committed, after the Printing of
an1oo Speeches more by other men after my having ſeveral times ſued,and pref-
ſed for a hearing, whillt I was of the Houſe of Commons ; after by his Majeſties
favour I had fate fix or ſeven weeks a Member of the Houſe of Peers, after all
this, no leſs a Judgment ( as far as the vote of the Houſe of Commons could
contribute to it ) paſſed upon me unheard, over and above the ſhame of having
the Speech it ſelf burned by the hand of the Hangman. How I bore this affliction,
with what anxiety of mind to my ſelf, with what temper and ſubmiſſion to that
Honourable Aſſembly, from whence the blow came as many of my near friends
can teſtifie the firſt ; ſo the envy, or malice of no man, can reaſonably and juſt-
ly tax me, as unto the other. How other young men , upon no greater a
itock of innocence then mine, might have ſuffered themſelves to be tranſpor-
ted upon ſuch misfortunes ( not to give them any other terin ) I leave to
thoſe to judge, who have not been ſo long brought up in the School of affi-
tion.
As this cenſure fell upon me for many Moneths after the fault objected, ſo it
reſted within thoſe Walls where it begun without ever deſiring a concurrence
from that Court, where I was only to be judged, and where I could only anſwer
for my ſelf, and hope for a vindication; which increaſed my ſufferings to an
unſpeakable height, that I could by, no inçans clear my ſelf in the place where
I received the wound, nor could take notice of it where I might be cleared
by my. Peers, for fear of breach of Priviledge of Parliament; Though my cen-
ſure were known to all the Kingdome, yea, I may ſay to my infamy in print
with forreign Nations.
Under this weight ( enough to have broken a Body, and a Mind better pre-
pared for theſe Exerciſes then mine ) I ſuffered till the Rudeneſs and Vio-
lence of that Rabble drave both their Majeſties, for thc Safecy of themſelves
and their Children, to Hampton-Court, whither by Command I attended them.
In this ſhort Journey many. Soldiers and Commanders who had Allembled
themſelves, joyntly to ſolicite the Payment of their Arrears for the late Nor-
thern Expedition, from tha two Houſes of Parliament ) waited on their Maje-
ſties, and leaving them at Hampion-Court, provided their own Accommodations
at Kingſton, the next Place of Receipt, and ſtill ſo uſed for the over-plus of com-
pany, which the Court it ſelf could not entertain. To theſe Gentlemen, of
whom few or none were of my Acquaintance; and to this place was I ſent by
his Majeſty, with ſome Expreſſions of his Majeſties good Acceptance of their
Service, and returning the ſame Night to Hampton-Court, continued my atten-
dance to Windfor, whither their Majeſties then repaired. I had not been there
one Day, when I heard that both Houſes of Parliament were informed, that
I and Colonel Lunsford, a Perſon with whom I never exehanged twenty Words
in my Life, had appeared in a Warlike manner at Kingſton, to the Terror of
the King's Liege People; and thereupon had Ordered, That the Sheriff of
Surrey, and as I conceive, that all other Sheriffs throughout England, ſhould raiſe
the Power of their ſeveral Counties, to ſuppreſs the Forces, that he and I had
Levyed.
When firſt this news was brought me, I could not but ſight it, as a ridi.
culous Rumour; for being moſt certain that I had never been at Kingſton, but
only upon that Meſſage of the King's, to forty or fifty Gentlemen, totally
Strangers to me, with whom I ſtayed not the ſpace of half an Hour at moſt,
and in no other Equipage, then a Coach and ſix hired Horſes, with one ſingle
Man in the Coach with me, and one Servant riding by: I thought it utterly
impoſſible for the moſt Romancy it ſelf, at fo neer à diſtance, to raiſe out of
that, any ſerious matter of Scandal, or perjudice upon me.
But when foon
after, I received from ſome of my friends, not only a Confirmation of that
ſeeming, Impoflibility, but a particular Accompt of the manner of it: How
fome Information concerning me at Kingſton, had been referred to the Examina-
tion of a Committee of my Tharpelt Enemies; how the ſix Coach Horſes I ap-
Vol. 11.
srrff 2
peared!
0
1
1
!
I 641.
866 An Impartial Collection of all the memorable Events
January, peared with there, were turned by them into ſix ſcore Horſes; and that Mi-
itake, I know not by what prevalence of my Unhappinefs, or of my Enemies
Credit, not ſuffered to be rectified by other Witneles there, who affir-
ined the Truth : Finding my ſelf in this fad Condition, but twenty Miles off,
and not knowing how the People in other places might be terrified, if reports
concerning me ſhould ſpread, but in a proportionable Rate, to remoter Diſtan-
ces, they being now derivable from ſuch conſiderable Authors, I muſt confefs,
I then began to look upon my felf, as a Perſon of that rare Misfortune, that my
Reputation would not weigh down the moſt improbable, or impoſſible Accuſa-
tion, but fit to receive any Imputation of Guilt, the moſt miſchievous or ma-
litious Inſtrument of Calumny could invent. And in this Condition, with no
other Diſcontent, then not believing my Self much indebted to the World
for good Uſage, I procured his Majeſties Licenſe, to Tranſpceta Perſon of ſo
great Inconvenience and Danger, out of his Dominions into another Countrey;
and with all poſſible Speed removed my ſelf into Holland, never ſuſpecting that
my Guilt would increaſe with my Abſence, in the retired private Life, which
I had refolved of, and did according to that Reſolution, lead beyond Sea ;
having the Vanity of Tome Hope, that a little time diſcovering the falſhood of
ſome things believed of me, would take away the Inconvenience of other things
that were but unworthily ſuſpected. Some Weeks I reſted there without any
new hurt, till the falſhood of a Perſon, to whoſe truſt I committed a Packet,
brought it to a Hand well contented with any Occaſion to ſatisfy his own par-
ticular private Malice, and Revenge upon me, and ſo my Letters, one to the
Queens Majeſty, and the other to my Brother, Sir Lewis Dives, were pub-
lickly brought to be read in both Houſes of Parliament ; from thence new Ar-
guments of Guilt are ſo far inforced againſt me, and the former Diſpleaſure
revived and heightned to ſuch a pitch, that at the ſame time I heard of the
Interception of my Letters, I found my ſelf
accuſed of High Treaſon too, and
that for Levying War againſt the King, a Crime certainly that of all other, I
could leaſt ſuſpect my ſelf guilty of. And to ſay the Truth, it came into my
Charge but by Accident; for being in general charged of High Treaſon,
and the Impeachment in particular, bearing only, That I had appeared in War-
like manner, to the Terror of the King's Şubjects; a Queſtion was raiſed by a
Lord or two, learned in the Law, Whether that Accuſation would amount to
Treaſon, or no, and ſo lieve was deſired to amend the Charge, which being
granted, to make ſure Work, by the Statute of 25 Ed. 3. it was put in, that I
had Levied War againſt the King. If I were Guilty, or fuſpected of ſo lewd
a Crime, how it came to ſleep ſo long,' or if not, how theſe Letters (wherein
upon an unpartial Survey, there will not be found ſo much as an Opinion, as
unto Peace or War) could miniſter Occaſion for a Charge of my Levying War
againſt the King, I leave to equal Conſideration. I am far from Cenſuring or
difputing the Reſolution, or Opinion of both, or either Houſe of Parliament ;
no Man receives a Stroke from thence, with more Submiſſion and Humility, and
the great Reverence I bear to it, hath made ſuch an Impreſſion in me, that the
weight of their Diſpleaſure, hath added many years to me; but in fo neer a
a concernment of my Life and my Honor, that grave Aſſembly may give me
lieve, without preſuming to think their Judgments unjuſt, to ſay, their Evi-
dence may be untrue, and the Perſons truſted by them not ſo full of Honor,
Ingenuity or Integrity, ſo free from Paſſion, Malice, Intereſt or Affection, as
they are thought. It will be no Preſumption or Diſreſpect to that great Coun-
cel to ſay, that I have many Enemies, who have uſed all the ill Arts, their Wit
or Malice could ſuggeſt, to bring this Amiction upon me, and have not in whir-
pers, or in the dark publiſhed their Reſolution to deſtroy me: witneſs the
known tampering with very many Perſons, both by Threats and Promiſes, to
accuſe me; their creating and cheriſhing ſuch monſtrous Untruths of my treat-
ing with the Danes, and other Foreign Power, of a great Treaſon of mine
plotted, and diſcovered at Sherburne, with inighty Warlike Preparations there:
of my being at the Head of the Rebels in Ireland, and the like; to make me
odious to the People, to whoſe rage and violence they have often indeavoured
to give me up a Sacrifice; the deep ſenſe I have of my Afflictien and Injuries,
ſhall never tranſport me to heighten the repreſentation of them, to the leaſt de
gree
1
TE
.
1
from the Scotch Rebellion' to the King's Meriber
: 867
1
1
gree beyond truth; but whoever ſhall conſider the Penalty of Treaſon, the
January,
Ruine and Deſolation it brings to Families, the Brand and Infamy it fixés on 164 1.
Our Memories, and ſhall remember that this portion was deſigned to me, for go-
ing on my Maſter's Ercand, in a Coach and ſix Horſes, will believe that a mix-
ture of Sorrow and Innocence, with ſo much Paſſion, as may keep them compa-
ny, may well be allowed to breath it ſelf with ſo much Freedome, as to pre-
ſent to the World, with a true and ſenſible Life, my Sufferings, upon whom-
ſoever the Injuſtice and Inhumanity may light, of having oppreſt and bow'd
down to the Earth, a young Man and all his Hopes, by ſuch undeſerved Cala-
mities.
Since that time, other Letters of mine, or Copies of Letters ( poſſibly never
fent) have had the fame Fortune, and been published to the World, to ſhew
the Follies and Indiſcretions of a Man, enough in her Disfavor before, with
Gloſſes and Comments to inform the People, how much of the dangerous and
pernicious Counſels, pretended to be then, and ſtill on Foot, had paſſed through
my Hands, and how great an Enemy I am to Parliaments; to this latcr molt
grievous and venemous Imputation, I hope God will have preſerved me ſome
kind of Antidote in Mens Memories, of what part I had the happineſs to bear
in the paſſing of the Triennial Bill, and to it I ſhall only ſay thus much, that I
have had the Honor to be a Member of the one Houſe, and muſt preſume to
think my ſelf ſtill a Member of the other; that I value the Honor, the Dignity
and the Privileges of both, infinitely above the pleaſures and Benefits of Life,
and if I ever wilfully contributed, or ſhall ever conſent to the prejudice of ei.
ther, I wiſh the Deſires of all my Enemies may fall upon me,
To that of my having had ſo great a Hand in ill Counſels, which are expreſ-
ſed to be, of his Maieſties removing from London to a place of Safety, and the
like, I ſhall be bold to ſay, that the Letter to the Queens Majeſty, from whence
my Enemies would make the inference, hath not with any conſiderer the leaſt
propending of Advice any way, but is meerly an account of mine own Inten-
tions to apply my ſelf to his Majeſties Service, either by abſence, or at Attend-
ance, according to courſe, that his Majeſty in his Wiſdomn, ſhould think fit to
take: Every Body knows I never had the Honor to be a Counſellor, neither
have I preſunted, without being queſtioned by his Majeſty, to interpoſe in his
Affairs: when he hath graced me with any Queſtion, I have anſwered with the
Freedom of a Subject, and a Gentleman. But had I bin a Counſellor, having
ſeen what I have ſeen, and heard what I have heard, I, who have known ſuch
Members of both Houſes, marked out by the Multitude for Bleſſings, and fuch
for Sacrifice: I who can ſay with truth, that ſuch of that Rabble, cryed out, The
King's the Traitor ; ſuch, Tliat the young Prince would govern better; I who
can prove, that a Leader of thoſe people in the Heat and Violence of the Tú-
mult, cryed out, That the King was not fit to live; had I been a Counſellor, what
had I been ( as the Learning of Treaſon was then underſtood) ſhould I not have
adviſed his Majeſty to withdraw to a Place of Safety, not from his Parliament,
but from that Inſolent and unruly Multitude, who had already: brought into ſo
much hazard, the Perſons and the Liberty of this till then moſt happy Parlia.
ment, and not ſtaying there, did ſo lowdly threaten Ruine, even to the ſacred
Perſon of the King? Advertiſe his Majeſty I did of the Danger; adviſe him I
could not,
not, I had neither the Ability, nor the Authority.
In
my
Letter to the Queen, at her firſt coming into Holland, it was obſery.
ed, that in that Expreſſion, ( of welcoming her from a Country not worthy of
her) I Thewed much Venome and Rancour to my own Nation, I meant it not,
and muſt appeal to thoſe who are beſt acquainted with the Civility of Language,
whether the Addreſs might not be comely to any Lady of Quality, who ſhould
upon any not pleaſing Occaſion, leave one Country for a while, to reſide in anio-
ther. And I hope e're long, to welcome lier Majeſty back, from'a Place not ſo
unworthy pf her, unto this Nation moſt worthy of
her, without either diſpa-
ragement to Holland, or complement to thoſe to whom the unworthy of that Let-
ter was intended.
For the charge and boldneſs, and preſumption in ſome Expreſſions of thoſe
Letters (though I might be glad to compound my Treaſon, for Incivility) ſince
Suſpition of that depends upon the right Underſtanding of Language, and
connexion
1
1
F
I
*ws
4
1
868
101
Faruary, connexion of Words ; it will be no diſreſpect to any, through whoſe Hands they
1 641.
have paſſed, to believe, that as they were otherwiſe intended by me, ſo that
they are capable of other Interprétation. However, if in truth, miſunderſtand.
ing, or ill breeding hath produced the other, I hope the Concluſion will only
be, that I am an ill Courtier, or an ill Secretary, both which I do humbly con-
fels, not that I am no good Engliſh Man, no good Subject. If in any of thoſe
Letters there were any Expreſlions of Diſcontent or Bitterneſs, I ſhall ſay little
niore, then that they paſted an Examination they were not prepared for, and
fell into Hands, that they were not directed to : and I am confident many honeſt
Gentlemen, who have had the happineſs to preſerve their Papers from ſuch an
inquiſicion, and ſhall conſider the Caſe they might be in, if all their ſecret con-
ferences, and private Letters were expoſed and produced to the publick view,
will caſt up theſe Letters of mine, in the nuinber of my Misfortunes, without
making any Addition to my faults: and certainly, whoever ſhall obſerve the
me: ſure of my Sufferings, with any kind of indifference, will eaſily forgive ſuch
Eruptions of Paſſion, as were only vented by me to a Brother, though they came
within the reach of any other Ear.
To draw now to a period of my unfortunate ſtory, which I cannot promiſe
my filf, from the generality, ſo much Charity as to vouchſafe the reading, fur-
ther then mere curioſity ſhall lead them; I returned into England not with ſo
niuch joy to ſee my Country, as hope to be admitted upon my humble Petition
to is Majeſty, to a fair, regular, impartial vindication of my innocency, and I
proteſt to God, I lock upon the time I may naturally hope to live with no other
con fort, then as it may make me ſtill capable of that happincſs. I have follies
and infirmitics cnough about me to make me ask the pardon of every wiſe and
good món, but for Treaſon (or for any voluntary Crime either againſt my SO-
vir ign, or my Cou try ) I lay it with all humility, I will not accept a pardon
from the King and Parliament. By the Grace of God it ſhall never be ſaid,
that either the Purliament hath brought me, or his Majeſty expoſed me to a
Tryal, my own uprightneſs ſhall conſtantly follicite it, and without recourſe in
this to either of their favours, I will either ſtand a juſtified man to the World,or
fall an innocent. But in the mean time, till it pleaſe God to bleſs this Nation
with ſuch a compoſure of the preſent diſtractions, as that Government and Law
may have their rightful and comfortable courſe, I implore only fo much charity
from men, as may ſeem due to one, whoſe good intentions to his Country have
been in ſome ſort publickly manifeſted, whoſe ill are yet obſcurely and impro-
bably ſuggeſted.
To conclude, let the few years I have lived be examined, and if there be found
any rancour or venom in my nature, even toward particular perſons which
might in time contract it felf to an enmity againſt the State; if I have been a
fomenter of Jealouſies and debate, or a ſecret conſpirer againſt the honour and
fame of any man; If I have worn Religion as a Mask and Vizard for my hypo-
criſie, and underhand cheriſhed any opinions that I have not avowed; If I have
been lead by any hopes of preferment to flattery, or by the miſs of it, to re-
venge, If I have been tranſported with private Ambition and been inclined to
facrifice the leaſt Branch of the publick Peace and happineſs to my own ends and
advantage, let the complication of all theſe ills prepare a judgment of Treaſon
it felf upon me, and let me looked upon as a Man who hath made a Progreſs in
wickedneſs, that a few years more added to that account, would render me a pro-
digy to the World, but if in truth my life hach been pleaſant to me under no
other notion, then as I might make it uſeful to my Country and have made it my
buſineſs to beget and continue a good intelligence amongſt good men, if I have
been then moſt zealous and fervent for the Liberties of the Subject when the
power
of Court was moſt prevalent, and for the rights of the Crown, when popular Li-
cence was moſt predominant; if by my continual ſtudy and practice of Religion,
I have always been a true ſon of the Church of England, and by my ſubmillion
and application of my actions to the known rule of the Law, I have always been
a true Son of the State of England; if my actions have been honeſt and my
words only doubtful; if my life only clouded with many imperfections, I hope
the world will believe, I have been overtaken with too great a meaſuae of a hap-
pineſs, and every generous heart will eaſe me of ſome part of my burthen, by gi-
ving the benefitof his good opinion.
After
1
4
4.
the Scots Com.
4
for the Rclick
of Ireland.
1
1
from the Scotch Rebellion to the King's Murther. 869
After this the Lord Keeper Reported the Conference with the Com-| January,
mons concerning the Scots Propoſitions to this Effect.
I 6 4 I.
That the Engliſh Commiſſioners, having received ſeveral Propoſitions a
from the Scots Commiſfioners, dated the 27th of December lajt
, touch-Conference
ing the ſending of Men out of Scotland into Ireland ; the Houſe of com- concerning
mons having conſidered of them have given this Anſwer following to them, milioners
which they offer to their Lordſhips Wiſdom and Confideration, being cer- Propofitions
tain Votes of the Houſe of Commons.
Die fovis 30 December, 1641.
Reſolved
upon
the Queſtion, That the Houſe is of an Opinion, that Tosyns in 1ye-
the Towns and Caſtles of Carrick-fergus and Colerain ſhall be put into into the Scots
the hands of the Scots, to be places for their Retreat, Magazines and hands, and the
Garriſons : And that thoſe Towns and Caſtles ſhall remain in the Scots Publick Faith
hands, untill the Wars fall end, or till they ſhall be diſcharged of that to be taken
Service ; this Houſe holds it fit likewiſe to accept of the Publick Faith for the reſca
of the Kingdom of Scotland, for the redelivery of the ſaid Caſtle and ring of them.
Towns, and that the Kingdom of England ſhall give Publick Faith for
the Payment of all Dues that ſhall ariſe upon this preſent Service.
Reſolved, &c. That for the Proviſion of Viktuals for the Scots Army,
Money ſhall be advanced out of their Pay to enable them to make Proviſion,
which they may make out of any Parts of England and Wales, to their
beſt advantages, and that to Tranſport it, they ſhall have the ſame aſſif-
ance for providing of Shipping from the State, that the Engliſh Army
hath : And that his Majeſty ſhall be moved to grant his Licenſe for the
Tranſporting thereof Cuſtom-free, Caution being given, that under colour
of ſuch Proviſions, viftuals be not carried to the Rebels : And if this
Propoſition be riot accepted, then the like Proviſions ſhall be made for
them, as ſhall be made for the Engliſh Army: And the reſt of the Article
is aſented to.
Reſolved, &c. That this Houſe holds it fit to Alent to the Scots third
Propoſition; and tbat Power ſhall be given to the General there to raiſe
Horſes for the Service expreſt in the Article at the publick charges of
that Kingdom, as tl ay ſhall have occaſion to uſe them.
Reſolved, &c. That this Houſe holds it fit to Afent unto the Scots 4th
Propoſition.
Reſolved, &c. That the Scots ſhall go in the Way and Order of an Ar-
my, under their own General, and Subaltern Officers, which General
Thall have the ſame Pay that the Scots allowed, when they imployed one
themſelves, and that they shall have the Province of Ulſter appointed,
wherein they fall firſt proſecute the War : And to that part of the Ar-
ticle concerning Power to give Conditions to Towns, Caſtles, &c. as ſhall
be moſt expedient for the Service, it is aſented to, but not to give any
Toleration for the Popiſh Religion.
To be treated on further, That their whole Army should be Comman-
ded out of the Circle by the Lord Lieutenant of Ireland, if he ſhall think
fit, before the Rebellion be totally Suppreſſed in Ulſter ; as alſo, that a
third part of their Army may be drawn away upon occaſion.
Reſolved, &c. That the Scotch ſhall be entertained and paid for three
Months, and that they ſhall have a Months Pay advanced before hand,
and'
ܕܝ
1
1
+
1
Votc of the
Lords and
Commons a-
ral.
#
Ele&tion for a
870 An Impartial Colle&tion of all the memorable Events
Fanuary, and ſhall be afterwards Pay'd as the Engliſh Army is. This to be the An-
1641. ſwer to the firſt part of the ſixth Article, the Houſe doth aſſent unto
the Reſt.
Reſolved, &c. That the ſeventh Article ſhall be recommitted. All which
Votes of the Commons were read before the Lords, but nothing further
done in it at this time.
Then a Conference was had between the two Houſes touching the
Kings Meſſage, concerning the Lord Kymbolton and the Five Members
of the Commons Houſe; where this following Vote of the Commons
was communicated to their Lordſhips for their Concurrence, and the
Lords did in terminis concur with them in it, and it was Reſolved, &c.
That the Impeachment made by Mr. Attorney in the Houſe of Lords a-
gainſt the Ac- gainſt the Lord Kymbolton and the five Members of the Houſe of Com-
torney Genc- mons, and the proceedings thereupon, is a high breach of the Priviledge
of Parliament.
Whereupon a Committee of 21 Lords, and a proportionable Number
of Commons were appointed to draw an humble Petition to his Maje-
ſty, that thoſe that did inform his Majeſty againſt the Members menti-
oned in the Meſſages from his Majeſty, may come in betwixt this and
next Thurſday to charge them, or elſe, that they may be freed in ſuch a
way, as the Parliament ſhall think fit.
În the Houſe of Commons a Debate happened this morning concern-
Burgers for
ing the Return of a Burgeſs for the Town of Arundell, which came to
this Vote; Reſolved, &c. and Ordered, That Mr. Downes who is re-
turned a Burgeſs for the Town of Arundell in tbe County of Suſſex, under
the Common Seal of the Town, by the Mayer of that Town, ſhall be
pre-
Sently Sworn and admitted as a Member into the Houſe, until ſuch time as
the Election be Determined.
And to make it ſure that he ſhould continue ſo, the Queſtion being
put for the reviving of the Committee for Priviledges, it paſt with the
Negative.
And it was further Ordered ; That the High Sheriff of the County of
Suſſex, who has Returned two Indentures for the Town of Arundell, ſhall be
Summoned to appear here at the Bar, to amend his Return.
Marqueſs of
Then Sir Henry Mildmay acquainted the Houſe, That the Marqueſ of
Hamilton was Teſterday informed, That this Houſe had made an Order
to the Com. for the removal of a 1000. Muſquets, and ſeveral Pieces of Ordnance
mons concern from Fox-Hall to the City of London, for more Safety in theſe times of
ing the Arms 'trouble ; He faith;.That he had ſome Pieces of Ordnance there belonging
unto him, which were given him by the King of Sweden ; but however was
willing, that this Houſe ſhould remove them to London, or elſewhere, and
to remain there as the Houſe Mall think fit.
Upon the Debate of the Conference to be deſired with the Lords con-
cerning the Lord Digby and the Kingston Buſineſs, Sir Philip Stapleton
made this following Speech:
Arundell.
Hamilton's
at For-Hall.
+
CC
Sir Philip Sta-
pleton's Speech
concerningthe
Lord Digby &
Collonel Luns.
ford, 14#. 15
1641.
Mr. Speaker,
T is the continual practice of the Devil,after any of his Works of
“Darkneſs, and Maliciouſneſs intended againſt God and his
“ Chriſt, is diſcovered and Annihilated by the ſpecial Power of
“Divine Providence, to practice new, being always ſtriving to
encreaſe his own Kingdom, always winning to himſelf freſh Inſtru-
“ments,
I
(
's
1
g
LU
1.6 4.1.
(C
CC
$
i
Y
CC
3
CC
Śc
OC
1
it
from the Scotch Rebellion to the King's Murther: 871
ments, to yield to his Suggeſtions and Temptations, and Execute the January,
ſame.
“I am now to ſpeak concerning this new Treachery and Conſpiracy,
“ endeavoured to be practiſed by two Eminent Perſons, that have eſpe-
cially the one of them, obtained the Favour, not only of their Prince,
but applauded for their better Parts, by moſt of his Majeſties Subjects,
the Lord Digby and Coll. Lunsford; The firſt had the Honour to fit
“in this Houſe as a Member thereof, ſo well approved was he both of
his King and Country, none more Fervent againſt evil doers at the
firſt then himſelf ſeemed to be both by his Speeches and Diſputes, but
in heart always as it ſeems Favouring the Biſhops, and their Cauſe,
although it ſeemed but a little, yet increaſing daily more and more,
grew
to ſuch ſtrength in his opinion concerning his own worth, that
“ he adventured to take part with the Earl of Strafford, truſting too
“ much on the ſame, fo High is Pride, that at length he preſumed to
oppoſe and ſet himſelf againſt the proceedings of the whole Houſe , a-
gainſt the ſaid Earl, Obſtinately refuſing to be admoniſhed concerning
“ the ſame ; and yet keeping his Friends, many of the Lords, was by
“his Majeſty as a Baron, called to their Houſe, and aſpiring yet higher,
obtained his Princes favour, not being yet acquainted with his ſecret
Intentions, by which means too confident of his ſafety, and ſecurity
in his Deſigns, adventured openly to comply with the publick Ene-
mies both of King and Country ; As eſpecially now with this other
Perſon of whom I am to ſpeak, this Collonel, being by his Majeſty ad-
vanced to that dignity and truſt, could not ſo content himſelf, but
imitating the water Toad; ſeeing the Shadow of a Horſe ſeem bigger
" then it felf, Swell to compare with the ſame, and ſo Burſt; even ſo
this Gentleman having obtained firſt this Place of Command, and after-
wards Lieutenant of the Tower, and being found of ſuch a Malignant
Spirit, that he was unfit and uncapable for that great Place of Truſt,
“and therefore removed, taking the ſame a great diſhonour to his
“ worth; now endeavours by Traiterous and Deſperate Actions, to de-
fend himſelf, and be revenged of his pretended Adverſaries; and to
that purpoſe they have between them joyntly raiſed Arms againſt the
State, met together in peaceable Conſultations for the good of Church
" and Common-wealth.
Mr. Speaker, Theſe attempts made by theſe Perſons are of dange-
rous conſequence, and this their Inſurrection ly taking up of Arms,
without Warrant both from his Royal Majeſty and this High Court
of Parliament, only to do Miſchief in raiſing Sedition and Contention
thereby to preſerve themſelves from being called to an account for
“ their deſperate Actions, and Diſloyal taking up Arms, will prove
“ harder to Appeaſe and Suppreſs, then any Troubles we have yet ſuf-
fered.
“ Mr. Speaker, I conceive quick diſpatch in our Intentions, for the
Apprehending and Suppreſſing theſe Perſons, is the only means to pre-
"vent future danger: And to that purpoſe I deſire to preſent to your
" conſiderations theſe particulars.
1. That Warrants may Iſſue forth for the speedy, and private appre-
hending of them in what places foever they ſhall be found, and immediately
to bring them before the Houſe.
Vol. II.
Ttttt
2. Ifl :
CC
(C
(
CC
i
co
1
1
b.
&
*"
1
5
4
.
to
1
893 An Impartial Collection of all the memorable Events
January,
1 641.
2. If this cannot be effected, to Iſue forth Proclamations for their cal-
ling in, within a certain time perfixed, under penalty of being Proſecuted
and Proceeded againſt as Traytors to their King and Country.
3. That Warrants be forthwith ſent for the Guarding and Securing of
all the Ports of this Kingdom ; and for the Intercepting of all Paquets or
Letters, intended to be conveyed into Forraige Kingdoms, or any brought
from thence hither.
That Order be ſent down into the ſeveral Counties of this Kingdom,
where it is ſuspected either of theſe Perſons have any Friends, or Favo-
rites well-wiſhers to their Cauſe; with Command to the Sheriffs, and ſeve-
ral Officers of ſuch Counties to ſtand upon their Guard, and to raiſe Force
for their own Defence and Safety ; and to endeavour by all means Poſſible
apprehend and ſuppreſ them, and ſuch of their Conſpiracy, as shall be
taken, preſently to be ſent up to this Houſe, to be Examined and Profecisa
ted according as they hall be found.
5. That Order may be made by the Parliament, that no Officer that
shall be found to have a band in this Plot, may be imployed in any Service
of publick Command, either for Ireland, or any other of his Majeſties Do-
minions, or any private Affairs of this Kingdom.
6. That we may without further delay proceed to Sentence againſt all
Delinquents by this Honourable Houſe, accuſed for any Crime whatſoever,
in whoſe Defence, or for whoſe cauſe theſe Perſons now accuſed pretend to
take
up
Arms.
7. That his Majeſty may be moved Graciouſly to be pleaſed, to declare
himſelf againſt theſe Perſons, and all others that do any ways pretend to
his Authority or Warrant for what they do.
8. And Laſtly, His Majeſty may be moved toʻavert bis intended four-
ney for Portſmouth, for the ſafety and ſecurity of his Royal Perfo», til ſuch
time as their dangers be removed, and the Peace and Vnity of all bis Ma-
jeſties Loyal Subjects, be procured and ſettled.
" And thus Mr. Speaker, having preſented ſuch things to this Houſe,
“ which I humbly conceive to be neceſſary to ſuppreſs and prevent this
new danger threatned by thoſe two Difaffected and Male-contented
Perſons, the Lord Digby and Collonel Lunsford ; I leave the ſame to
the further conſideration of this Honourable Houſe, deſiring from my
· heart, that it would pleaſe God to end all the Troubles and Diſtempers
“ of this Commonwealth ; and that this High Court of Parliament
may prove the firm Settlement of all things amiſs, both in Church
" and State.
1
(C
ic
CC
1-
After this Mr. Pierpoint Reports from the Committee appointed
yeſterday, for putting the Kingdom into a Poſture of Defence.
Mr. Pierpoint's
That the Opinion of the Committee was, and ſo it was by the Houſe
Report con Reſolved upon the Queſtion, That the Knights and Burgeſſes of the feve-
cerning Po-
ral Counties, Jhall by two of the Clock this afternoon deliver in the Names
fence, and the of ſuch Noble Perſons, as they think fit to be appointed Lord Lieutenants
in the ſeveral Counties, and that thoſe Gentlemen of this Houſe, that have
Vote upon it.
Eſtates
ſture of De-
Commons
1
from the Scotch Rebellion to the King's Murtber. 873
Estates in the Biſhoprick of Durham, ſhall nominate ſuch a .one,as they ſhall | January,
think fit to be Lord Lieutenant in that County.
I 641.
Sir Richard Cave then acquainted the Houſe, That according to the
Command of the Houſe, he had returned thanks to the States Embaſſador,
for his affections Expreſſed to the ſervice of this State ; Who anſwered,
That he thinks himſelf much honoured by the acknowledgements of his ſer-
vice from this Houſe, and knows, that the deſires of this Houſe will be
upon all occaſions very acceptable to his Maſters the States.
It was alſo Ordered, That Alderman Pennington and Mr. John Good-
win, do speak with the Executors of Sir James Cambell
, and to deſire
them from this Houſe, that in the diſpoſing of the Eſtate which Sir James
Cambell hath given for Charitable vſes, they will ſpecially take into con-
ſideration the War in Ireland, which will be an acceptable ſervice to the
Common-wealth.
Attorney Gede
Wild.
Serjeant Wild then Reported the Conference had on Thurſday night The Exami-
laſt with the Lords, concerning Mr. Attorney's Exhibiting Articles in the nation of Mr.
Lords Houſe, againſt Members of this Houſe; The Conference conſiſt-
ral, Reported
ed of two parts. Firſt, the Narrative Part, That theſe Articles Exhibit- by Serjcant
ed by Mr. Attorney, and entred in the Lords Houſe, was a Breach of Pri-
viledge of Parliament, and that in due time this Houſe would deſire that
Juſtice may be done upon Mr. Attorney. The Second Part, was to Exa-
mine Mr. Attorney upon certain Queſtions, and to receive his Anſwer :
Firſt, He being asked, Whether he contrived, Framed or adviſed the
ſaid Articles, or any of them, if not, then Whether he doth know or have
heard, who did Frame, Contrive or adviſe the ſame or any of them. To
this he anſwered, That he would deal clearly, freely and Ingeniouſly, and
that he ſhould ſay the ſame which he had before delivered to the Lords,
and ſhould need no long time to anſwer this, for that he had done none of
theſe three, that is, neither Framed, Adviſed theſe Articles, or any of
them; and would be contented to die if he hid.
1
Secondly, Being demanded whether he knew the truth of theſe Ar-
ticles or any of them, of his own knowledge, or had it by Information:
To this he Anſwered, He did know nothing of his own knowledge of the
truth of theſe Artitles, or any part of them , nor hath heard it by Infor-
maiion. All that ever he hath lieard concerning this was from his Ma-
ſter.
Thirdly, Being asked, whether he will makegood theſe Articles when
he ſhall be thereunto called in due courſe of Law: To this he Anſwer-
ed, He cannot do it, nor will not do it, otherwiſe then as his Maſter ſhall
Command him, and ſhall Enable him, no more then he that never heard of
them can do it.
Fourthly, Being asked from whom he received theſe Articles, and by
whoſe direction and advice he did Exhibit them ? He anſwered, He did
Exhibit them by his Maſters Command, and from his hands he did re-
ceive them.
Fifthly, Being asked, whether he had any Teſtimony or Proof of the
Articles before the Exhibiting of them? He gave this Anſwer, That he
received the Command of his Majeſty; but whether he had any proof
then offered, or intimation of Teſtimony, to make good thoſe Articles, he
Vol. II.
Ttttt 2
deſired
1
1
܀
874 An Impartial Collection of all the memorable Events
January, deſired time to conſider of it; he was preſſed again to make anſwer to this,
I 641.
but deſired time to conſider of it, ſaying there was a ſecret truſt between a
Maſter and Servant, much more in this caſe.
1
the Attorney
General.
Thegreat Deſign of this Examination was to have got out who were the
Witneſſes of this Accuſation, that ſo they might have fallen upon them
and worried them to death; and though nothing was more juſtifiable
then this Plea of Secrecy to which Mr. Attorney was obliged by his
Oath, from which they could have no power to Abſolve him; Yet it
did ſó Exaſperate the Faction, that it was Ordered, That ſome way be
thought of for Charging Mr. Attorney, by this Houſe as Criminous, for
Exhibiting thoſe Articles in the Lords Houſe againſt Members of this
Houſe, without any Information or proof that appears, and that this
Houſe, and the Gentlemen Charged by him may have Reparation from him,
and that he may put in good Security to ſtand to the Judgement of Par-
liament.
Vores againſt And it was Reſolved, &c. That this Act of Mr. Attorney's in this
Impeachment againſt Members of this Houſe is Illegal, and a High
Crime.
Reſolved, &c. That the Lords ſhall be deſired, That Ifr. Attorney
may put in good Security, to ſtand to the Judgement of Parliament.
And Mr. Whitlock, Serjeant.Wild, Mr. Hill, Mr. Glyn, Mr. Brown,
Mr. Rigby, and Mr. Buller, .were appointed a Committee, they or any
three of them to withdraw preſently, and prepare a Charge againſt Mr.
Attorney, upon the Votes of the Houſe.
And that Poſterity may ſee how Zealous theſe people, after all their
pretenſions were for the Relief of Ireland : It was Reſolved, &c. and
and Lieutenant Ordered, That Collonel Hill and Robert Bowles bis Lieutenant, ſhall be
Bowles Delin. forthwith ſent for as Delinquents, by the Serjeant at Arms attending on
quents for rai- this Houſe, for beating up Drums and raiſing of Men, contrary to the Ora
fing Volun-
dinance of Parliament ; And that all Conſtables and other Oficers be aſſiſt-
ing to the Serjeant in the Execution of his Warrant.
And that Mr. Whiſtler, Mr. Pury, Mr. Smith, and Mr. Hill
, ſhall
ſearch in ſuch Offices as they ſhall think fit, to ſee if any Commiſſions, or
other Warrants have been granted to any perſon or Perſons for. Levying of
Men.
A Paper was delivered by Mr. Hambden from the Scotch Commiſſio-
ners, which was read in theſe words:
teers for IT-
land.
Scotch Com-
miſſioners,
Mediation to
(
Ur Treaty concerning the Iriſh Affairs being ſo oft interrupted
A Paper of the
by the Emergent Diſtractions, gives us occaſion to deſire
your Lordſhips and thoſe Noble Gentlemen of the Houſe of Com-
offering their mons, for to preſent to the Honourable Houſes of Parliament, that
we having taken to our Conſideration , the manifold Obligations of
the King, &c. " the Kingdom of Scotland, to our Native and Gracious Soveraign, his
Perſon and Government; confirmed and multiplyed by the great and
Recent Favours beſtowed by his Majeſty on that Kingdom, at his laſt
being there, and ſettling the troubles thereof; and conſidering the
mutual Intereſt of the Kingdoms in Welfare and Proſperity of others,
acknowledged and Eſtabliſhed in the late Treaty: And finding our
ſelves warranted and obliged by all means to labour to keep a right
Underſtanding betwixt the Kings Majeſty and his People; to confirm
that Brotherly affection begun between the two Nations, to advance
66
CC
their
(C
“ fame.
CC
from the Scotch Rebellion to the King's Murther. 875
“their Unity by all ſuch ways as may tend to the Glory of God, and Fanuary,
Peace of the Church and State of both Kingdoms; to render thanks to 1 64 1.
the Parliament of England , for their aſſiſtance given to the Kingdom
of Scotland, in ſettling the late Troubles thereof, wherein next to the
Providence of God, and the Kings Majeſties Juſtice and Goodneſs,
they do acknowledge themſelves moſt beholding to the Mediation,
“and Brotherly kindneſs of the Kingdom of England; and likewiſe to
proffer our felves for removing all Jealouſies and miſtakings which
may ariſe hetwixt theKings Majeſty and this Kingdom, and our beſt in-
deavours for the better Eſtabliſhment of the Affairs and quiet of the
We do therefore in the name of the Parliament and Kingdom of
“Scotland, acknowledge our felves next to the Providence of God and
“his Majeſties Juſtice and Goodneſs, moſt beholding to the Mediation
"and Brotherly kindneſs of the Kingdom of England in many reſpects,
eſpecially in condeſcending to the Kings Majeſties coming to Scotland,
in the midſt of their great Affairs; whereof we have taſted the ſweet
Wand comfortable Fruits, and do heartily wiſh the like happineſs to this
Kingdom. And as we are heartily ſorry to find our Hopes thereof de-
“ ferred by the preſent diſtractions growing daily here, to a greater
height, and out of the ſenſe thereof, have taken the Boldneſs to ſend
our humble and faithful advice to the Kings moft Excellent Majeſty,
for remedying of the ſame, to the juſt ſatisfaction of his People; fo out
“of our duty to his Majeſty, and to teſtifie our Brotherly Affection to
this Kingdom, and acquit our ſelves of the Truſt Impoſed upon us, We
do moft Earneſtly beſeech the moſt Honourable Houſes, in the deep
c of their Wiſdoms, to think timouſly upon the Faireſt and Fitteſt Ways
of Compoſing all preſent differences, to the Glory of God, the good'
of the Church and State of both Kingdoms, and to his Majeſties Ho-
nour and Contentment; Wherein, if our Faithful endeavours may be
any way uſeful we ſhall be moſt ready at all occaſions to contribute
the ſame.
15th. of Jan. 1641.
fa. Primroſe.
<C
CC
ic
1
The very fame Paper Verbatim was at their requeſt preſented to the
Lords, by the Lord Lieutenant of Ireland.
After the reading of this paper, Sir Philip Stapleton, Mr. Long,and Mr.
Arthur Goodwin, were Ordered to return thanks from the Houſe of Com-
mons to the ScotchCommiſſioners, for their good Affections Expreſt to this
State and Parliament, and likewiſe to defire to know of them, what it
is, that they have ſent unto his Majeſty by way of Advice.
To which Sir Philip Stapelton brought this anſwer, That moſt of the
Commiſſioners were gone from the place of Meeting, not expectingany
Meſſage from this Houſe, beſides they have not as yet ſent the Paper to
the King, by reaſon they could not get Poſt-Horſes, and till ſuch time as
his Majeſty hath firſt received the ſame, they conceive it not fo fit it
ſhould be made known: But upon Monday morning they make no
doubt to give this Houſe full fatisfaction.
I know no reaſon I have to make the Reader ſtay till Monday, whoſe
Expectation may be as willing to be gratified with a ſight of this Paper,
as the Houſe of Commons were, and therefore I preſent him with it as
followeth ,
Το
TE
+
1
1
The Petition
and advice of
the Commir-
land to the
876 An Impartial Collection of all the memorable Events
January, ,
1 641. To the King's moſt Excellent Majeſty.
The Humble deſires of the Commiſſioners of his Majeſties
Kingdom of SCOTLAND.
W
E your Majeſties humlle and faithful Subjects, conſidering that
the Mutual Relation betwixt your Majeſties Kingdoms of Scot-
fioners of Scot- land and England is ſuch, as they muſt ſtand or fall together, and the dif-
turbance of the one muſt needs diſquiet and diſtemper the Peace of the o-
King, by way ther, as has been often acknowledged by them both, and eſpecially in the
late Treaty which is ratified in Parliament, and confirmed by the publick
Faith of the Eſtates of your Majeſties ancient and Native Kingdom of
Scotland.
ſo that they are bound to maintain the Peace and Liberties of one
another, being highly concerned therein, as the aſſured means of the ſafety
and preſervation of their own : And finding our ſelves Warranted, and o-
bliged by all means to labour to keep a right underſtanding betwixt your
Majeſty and your people, to confirm that
Brotherly Affection betwixt the
two Nations, to advance their Unity by all ſuch ways as may tend to the
Glory of God, and Peace of the Church and State of both Kingdoms, and
aykways to proffer our ſervice for removing all Jealouſies and miſtakes,
which may ariſe betwixt your Majeſty and this Kingdom, and our beſt en-
deavours for the better Eſtabliſhment of the Affairs and quiet of the ſame,
that both your Majeſties Kingdoms of Scotland and England may be Uni-
ted in the enjoying of their Liberties in Peace under your Majeſties Scep-}
Iter, which is the moſt aſured Foundation of your Majeſties Honour and
Greatneſs, and of the ſecurity of your Royal Perſon, Crown and Dignity:
We have taken the Boldneſs to ſhew your Majeſty, that we are heartily for-
ry and grieved to behold theſe Diſtractions which increaſe daily betwixt
your Majeſty and your. People, and which we conceive are entertained by the
wicked Plots and Practices of Papiſts, Prelates and their Adherents, whoſe
aim in all theſe Troubles, has not been only to prevent all further Reforma-
tion, but alſo to fulvert the Purity and Truth of Religion , within all
your Majeſi ies Kingdoms ; for which end, their conſtant Endeavours have
been to ſtir up Diviſions betwixt your Majeſty and your People; by their
Queſtioning the Authority of Parliaments, the lawful Liberties of the
Subjects, and real Weakning your Majeſties Power and Authority, nay all
upon pretence of Extending the ſame, whereof by Gods Providence being
diſappointed in your Majeſties Kingdom of Scotland, theſe have now con-
veried thir Miſchievous Councels, Conspiracies and Attempts, to produce
theſe diſtempers in your Majeſties Kingdoms of England and Ireland. And
therefore according to our Duty to your Majeſty, to teſtifie our Brotherly
Affection to this Kingdom, and acquit our ſelves of the truſt Impoſed in us ;
We do make offer of our humble Endeavours for compoſing of theſe differen-
ces : And to that purpoſe do beſeech your Majeſty in theſe Extremities to
kave Recourſe to the ſound and faithful advice of the Honourable Houſes
of Parliament, and to repoſe thereupon, as the only aſſured and happy means
to Eſtabliſh the Proſperity and quiet of this Kingdom. And in the depth
of your Royal Wiſdom to confider and prevent theſe Apprehenſions of
Fear, which may posſeſs the Hearts of your Majeſties Subje&ts in your o-
ther Kingdoms, if they ſhall conceive the Authority of Parliament, and
the Rights and Liberties of the Subject to be here called in Queſtion. And
:
wel
+
MY
1641
:
1
from the Scotch Rebellion to the King's Murther. 877
we are confident, that if your Majeſty ſhall be graciouſly pleaſed to take in January,
good part, and give Eare to theſe our humble and faithful Deſires, that the
:
ſucceſs of your Majeſties Affairs howſoever perplexed, ſhall be happy to your
Majeſty, and joyful to all your People, over whom, that your Majeſty may
long and proſperouſly Reign, is thé Fervent and Conſtant Prayer of us your
Majeſties Faithful Subjects and Servants.
It was likely to come to a hopeful iſſue for his Majeſty and all his
Loyal Friends, when thoſe who had by Rebellion wreſted from him ſo
great a ſhare of his Sovereignity and Regal Authority, undertook to
be Umpires and Mediators in a difference to which they were Principal
Parties, and to compoſe thoſe differences, which the Faction, following
their Example, were reſolved ſhould be determined by no other terms of
Accommodation, then his Majeſties parting with the Sword, which
Guarded his Septer, and which they were reſolved either to have, or to
force it from him by the down-right ſtrength of a moſt deep rooted and
formidable Rebellion. But what thanks Toever they had for this offici-
ous diligence from the King, they received many thanks from
both Houſes, for the affection expreſſed to the Kingdom, in the advice
which they gave the King in this paper ; which was mightily to the
Grace of the Faction, and Tuned to the humor of the Times which
charged all the Miſeries and Diſtractions, upon the King's refuſing the
ſound advice of his great Council the Parliament.
This day an Order was made in the Lords Houſe, for the bringing up Munday,
to the Lords in Parliament Mr. Thomas Netterville, Son to the Lord Fanuary,17,
Neterville, who was ſtayed in Cheſter, by the Mayor of the place, up- The Lo. Net-
on Suſpicion; and the Lord Admiral was Ordered to write to the ordered to be
Mayor' thanks from the Houſe of Lords, for his care in ſtaying the ſaid broughe be-
Mr. Netterville.
Then the Lord Duke of Richmond Reported the King's Anſwer to the The King's
Meſſage delivered to him, Jan. 15th.
(1.) Concerning his Majeſties Affent to be given to the Bill for the jouramient
Adjourning of the Parliament from Weſtminſter to London, or any
Hull, &c.
other Place, bis Majeſty faith, he will take further time to conſider of
it.
(2.) That his Majeſty hath Signed a Warrant to the Earl of Newport,
Maſter of the Ordnance, for iſuing out of Arms and Ammunition, and
Tranſporting them for Ulſter as is deſired.
(3.) And as touching the ſecuring of the Town and Magazine of
Hull, His Majeſty conceiveth, he hath
formerly given a ſatisfactory An-
fwer.
After which the Lord Keeper ſignified, That the King had comman-
ded him to deliver this Meſage to both Houſes of Parliament, to let them
know that there hath been much Powder, Arms, and Ammunition iſſued
out of the Stores for the Supply of the occaſions of Ireland, and his Majeſty
hopes that both Houſes will take care the Stores be repleniſhed for the
ſecurity and defence of this Kingdom: Which was Communicated to
the Houſe of Commons.
A Meſſage was brought up from the Commons by Sir John Evelyn,
to deſire, That the Army and Ordnance at Fox-Hall
, at Lambeth-Houſe,
at the Arch-Biſhop of Yorks, and at the Biſhop of Winton's Houſes inay be
removed to London, and kept there in ſafe Cuſtody.
Alſo
fore the Lords.
Anſwer to the
Bill for ad.
i
1
!
1
+
3
+
+
A
878 An Impartial Collection of all the memorable Events
January,
Alſo the Houſe of Commons preſented their Lordſhips with an Order
for Guards, which they deſired their Lordſhips to join with them in :
The Order was read as followcth.
1 6.4 1.
An Order for
Guards, c.
1
made the De-
wicked and
appcar.
An Order and Declaration of the Lords and Commons in Parliament,
for the providing of Guards, and other neceffary Defence for the
Safety of his Majeſty, the Parliament, and Kingdom.
Oraſmich as the neceſſity of providing Monies and other fupplies for
the preſent relief of Ireland, and for defence of this Kingdom, re-
quireth the speedy Care and Conhderation of boike I loves of Par-
liament, and for that it appears by many wicked Practiſes and Deſigns
that have been lately diſcovered, that the ſaid Houſes cannot fit in Jafe-
ty, without ſtrong and ſufficient Guards from the City of London and parts
adjacent : It is therefore Ordered, and Declared by the Lords and Com-
mons Allembled in Parliament, That there be neceſſary Guards raiſed
out of the City and Parts Adjacent ; and the ſame to be in order for the
Defence and Safety of the King, Parliament, and Kingdom : And it is
declared by the ſaid Lords and Commons, That for the providing of
Guards and other neceſary Defence for the purpoſe aforeſaid, as well the
Sheriffs of the City of London and Middleſex, as of all other Counties
of this Realm, may and ought to raiſe the Poſſe Comitatus, and in caſe
they fail of their Duties herein, which they are accountable for, to God,
the King, and the Parliament, then every good Subject may and ought in
* Now they their Duties to God, their King and Country, * by their Solemn.Oath
of their late Proteſtation to maintain and defend to the uttermoſt of their
fign of that
Pover, the Perſon of his Majeſty, and of every Member of each Houſe
infaaring Oath
of Parliament, being the Perſons whom they have intrujted with their
Lives, Liberties, and Fortunes, from all Force and Violence whatſo-
ever.
And the ſaid Lords and Commons do farther declare, That the Sheriffs
of London and Middleſex, as well within the City as without, and that
for the. Safety of the King, Kingdom and Parliament, which is now in
imminent and apparent Danger, (the Commiſſion of the Lord Mayor, be-
ing but a Commiſſion of Lieutenancy and Illegal ) the Lord Mayor, Alder-
men, and Common-Council, or the greater namber of them, ought to make
uſe of the Train d Bands, or any other Forces of the City, for the prem
Serving of the Peace of the Kingdom, Perſon of his Majeſty, and all the
Members of Parlianrent from violence and dangers, both within their Li-
mits and without. And that there being yet no declaratory Law for the Re-
gulating of the Militia of the Kingdom, though in Agitation. in Parlia-
ment, the ſaid Lords and Commons do declare, That in this preſing and
extraordinary Occaſion, the Lord Mayor, Aldermen, and Comman-Council
of the City of London, or the greater number of them ought to appoint
Juch Officers, that the neceſſary Guards and Forces aforeſaid may
be
go-
verned in a due and orderly manner, and that the Officers aforeſaid may
beat up their Drums for the ſafety of his Majeſty, the Kingdom and Par-
liament ; and that the performance of the Premiſes ſhall be taken for
good and acceptable piece of Service to both Houſes of Parliament.
And it is further Ordered and Declared by the ſaid Lords and Com-
mons, That Captain Skippon ſhall be Sergeant Major General of the City
Forces, until the City reſolve to the Contrary, and not to depart from this
Service upon any Command, or Counter-mand, until Order be taken by
the
5
1
.
CL
!
1 641.
1
from the Scotch Rébellion to the King's Muriber: 879
the Parliament ; and he ſhall have Power if violence be offered, to make Fanuary,
defence, or offend ; and that all the Train’d Bands, both of London
and Weſtminſter, and the Parts Adjacent, and all the Captains and Of
ficers of the ſaid Bands ſhall be commanded by him, and receive Orders
from him, from time to time, for beating the Drums or Service, and all Sól-
diers thereupon under his Command ſhall reſort to their Colours in Arms,
without expecting further Order from the Lord Mayor : And that all Citi-
zens or others, that will mount themſelves on Horſeback, ſhall be under
the Command of the ſaid Sergeant Major Skippon; and that Ammunition
of all ſorts ſhall be iſſued out of the Chamber of London, in ſuch a propor-
tion, as he ſhall think fit and direct.
And it is further Ordered and Declared by the ſaid Lords and Com-
mons, That whereas there is a Committee chofer of the Common-Council of
the City of London, to Treat and Confer with a Committee of the Houſe
of Commons, touching the ſafety of the King and Parliament, City and
Kingdom, That the Perſons of the ſaid Committee of the Common-Coun-
cil ſhall not be apprehended, or otherwiſe reſtrained, without the leave
of the Commons Houſe of Parliament firſt obtained, during the time that
they ſhall be Committees for the buſineſs aforeſaid, for any thing done, or
to be done in purſuance thereof; and that none of the ſaid Committee
of the ſaid Common-Council
, preſume to depart out of the ſaid City to
any place upon any Intimation whatſoever, without leave first obtained
from the ſaid Committee of the Common-Council, or the greater part of
them.
And laſtly, it is Declared and Ordered by the ſaid Lords and Com-
mons, That all Actions of the ſaid Citizens of London, or of any other
Perſon whatſoever for the Defence of the Parliament, or the Privileges
thereof; or for the preſervation of the Members thereof, are according
to their Duty, and their Proteſtation, and the Laws of this Kingdom ; and
if any perſon ſhall Arreſt or Trouble any for ſo doing, be is declared to
be a violater of the Liberty of the Subject, and of the Rights and
Priviledges of Parliament, and a Publick Enemy of the Coinmon-
wealth.
1
1
To this Meſſage and Declaration this Anſwer tras given, That their
Lordſhips will take it into conſideration. And truely they had ſome
reaſon to do ſo, for certainly this was a direct Levying of War, being
abſolutely without the King's knowledge, privity, or conſent ;
and
from this Period ought to be Dated the actual Rebellion, which mani-
feſtly proves the Faction to be the Aggreſſors.
A Meſſage was brought up to the Lords by Mr. Nathanael Fiena
nes:
+
(1.) To deſire that their Lordſhips would give diſpatch to the Scots
Propoptions.
2.) To the Bill for a Contribution for Ireland.
To let their Lordſhips know, That the Houſe of Commons do rem Meltage con-
ſolve to Adjourn their Houſe till Thurſday at Eight of the clock, and, cerning ad.
had appointed in the mean time a Committee, whereunto all that would journing so
HAIL
come ſhould have Voices, to fit in London at Crocers-Hall, and have given &c.
them a large Power,
1. Concerning the Safety of the Kingdom.
2.. Concerning Priviledges of Parliament.
3. The Affairs of Ireland.
Vol. II.
U uu u u
I
4. Coma
$
1
880 An Impartial Collection of all the memorable Events
January, 4. Concerning the ſetling of the preſent Diſtempers. And the Houſe
1641. of Commons deſire, That if their Lordſhips think so fit, that they would
appoint a like Committee ; and that their Lordſhips would give them
power to meet and confer with the Committee of the Houſe of Coma
2
ions,
Order of the
Lords for ad-
Grocers-Hall.
1
(4.) The Houſe of Commons deſires, That the Committees for Treland
might meet there if their Lordſhips think it fit.
(5.) That the Committee that their Lordſhips have appointed to take
Examinations upon Oath, as alſo the Committees appointed to draw a Pe-
tition to his Majeſty concerning the Breach of Priviledges, might likewiſe
fit there, if their Lordſhips think fit.
To all which their Lordſhips conſented, as appears by this their En-
journment to ſuing Order.
Ordered, That the Committee for the Iriſh Affairs, ſhall meet at Gro-
cers-Hall, on Tueſday, the 18th of this Inſtant January, at Nine of the
Clock in the Morning ; and that they ſhall have Power to Treat and De-
bate, concerning the safety of this Kingdom, the Priviledges of Parlia-
ment, the Affairs of Ireland, and the Jetling of the preſent Diſtempers,
and to take into conſideration his Majeſties Melage ſent to both Houſes :
And likewiſe,that the Committee to take Examinations upon Oath,
may
be
there ; as alſo the Committee appointed to draw a Petition to his Majeſty
concerning breach of Priviledges, and to conſider of all means for vindi-
cating the ſame. And it is further Ordered, That all the Lords
may
be
preſent at the ſaid Committees, and have Votes, and every of them Thall
have power to Debate among themſelves, and with the Committee of the
Houſe of Commons; and to call all Perſons whom they Jhall think fit be-
fore them; and likewiſe to Adjourn from time to time, and from place to
place, as they ſhall ſee Cauſe, and the Votes and Reſults of the Committee
to Repori unto this Houſe.
This Adjournment was to keep up the belief, that they did not fit
in ſafety at Weſtminſter, and to countenance the attempt upon the
Militia, at which they were now driving might and main.
Still Sir John Byron the Lieutenant of the Tower was a great Beam
in their Eye, and therefore to get poſſeſſion of the Tower, they had
perſwaded ſeveral Merchants and others to Petition againſt him; and
that it was framed by the Artifice of the Faction, the wording of it,
and the Anſwers of the Petitioners make apparent, for they ſpeak the
ſame Language the Commons had taught them at the laſt Conference.
for this purpoſe with the Lords. For a Meſſage was brought up from
the Houſe of Commons by Sir Henry Vane Junior to this Effect, That
the Houſe of Commons having by divers Conferences expreſſed unto their
Lordſhips the juſt cauſes of Fears and Jealouſies that are in the City,
by reaſon of Sir John Byron's being Lieutenant of the Tower of London,
which cauſed the Houſe of Commons formerly to deſire their Lordſhips
to joyn with them to Petition the King, that he might be removed from
that Place, which their Lordſhips thought not fit to jorn in then. Now
the Houſe of Commons preſent to their Lordſhips a Petition, delivered
to them from divers Merchants and Goldſmiths of London, that have
great ſtore of Bullion in the Tower, and have divers Ships' laden with
Bullion lately come into the River, and by reaſon of the Fears and Jean
loufies they have of the now Lieutenant of the Tower, they forbear to
bring in their Bullion, as may appear by the Petition, which was read in
hæc verba.
То
+
15
1
1
+
from tbe Scotch Rebellion to the King's Murther. 881
January,
To che Honourable Aſſembly of the Houſe of Com-
mons in Parliament.
1 641.
The Humble Petition of the Merchants and Goldſmiths, Traders
to His Majeſties Mint, with Foreign Bullion and Coin,
T
Sheweth,
Hat many Jealouſies and Fears have riſen in your Petitioners, Merchants and
by reaſon of the ſudden Removal of that worthy Gentleman Sir Goldſmichs
William Balfour Lieutenant of the Tower, and that the ſame is now Com- Petition a-
manded by one of whom we have not that ſatisfaction, as formerly we' have Lieutenant of
bad.
thc Tower,
fan.17. 1641.
Tour Petitioners therefore in all hamility tender this conſiderable Re-
queſt to this Honourable Aſſembly, That there may be ſuch a Lies-
tenant there placed ( it being a Place of so great Truſt and Confi-
dence ) as ſhall be thought fitting by this Honourable Aſembly,
which undoubtedly will not only ceaſe our Fears and Fealouſies in theſe
diſtractive times, but will occaſion us to continue all poſſible incou-
ragement to our Correſpondents beyond the Seas, that the Importa-
.tion of Bullion and Coin C of which great quantity is newly arrived
in Spain ) may have its free courſe, as in former times, to the well-
fare of Trade in general.
And Tour Petitioners ſhall pray, &c.
Henry Futter, Nic. Corſellis, Diericke Ooſte,
David Otgher,
Abra. Fortry,
with ſeveral others.
The Houſe of Commons upon this do defire that their Lordſhips would
joyn with them, humbly to Petition the King, That Sir John Byron Knight,
now Lieutenant of the Tower of London may be removed, and Sir John
Conyers recommended to his Majeſty from both Houſes for that
place.
Whereupon the Merchants and Goldſmiths that Exhibited the afore-
ſaid Petition to the Houſe of Commons, preſented another verbatim
the fame to the Lords, which being read, the Houſe fell into Debate
of it, and they were called in, and asked theſe Queſtions by the direction
of the Houſe.
(1.) What number of Merchants and Goldſmiths, beſides themſelves,
brings in Bullion to the Mint ? To which they Anſwered, Sir Peter
Riccaut, and a few
more, but no great number.
(2.) What reaſons they have for their Fears and Jealouſies of Sir John
Byron, Lieutenant of the Tower, and why they forbear to bring in Bul-
lion to the Mint :
They had Conn'd their Leſſon perfectly; and therefore faid, That
they heard that he hath diſobeyed the Orders of both Houſes of Parlia-
ment, when he was ſent for to come and attend them. Alſo, that he is
a Gentleman unknown to them; and they defire to have fucis a Lieutenant
put in, as the Parliament approves of,
But the Lords, it ſeems, eaſily ſaw through this little Artifice ; and
therefore the Merchants, &c. being withdrawn, after much conſidera-
Vol. II.
U u u u u 2
tion
1
1
1
+
+
1
882 Are Impartial Collection of all the memorable Events
January, \tion, the Queſtion was put, Whether this Houſe will joyn in an humble
I 64!.
Petition with the Houſe of Commons to his Majeſty, to remove Sir John
Byron Knight, from being Lieutenant of the Tower of London, and to
place Sir John Conyers in that Place. And it was Reſolved Nega-
with thecom- tively.
Theſe Lords following, before the Queſtion was put, demanded
place thc Lieu- their Right of Proteſtation, and that they might have liberty to Enter
tenant of the their Diſlents to this Vote ; which the Houſe gave leave unto.
The Lords re-
fuſe to joyn
mons in a Pc-
tition to dif-
1
Tower.
Several Lords
enter a Pro-
teſlacion a.
gainſt the
Vote for not
joyning with
.
the Commons
about the
Lieutenant of
the Tower.
Lord Admiral,
Earl of Bedford,
Earl of Pembrokes
Earl of Leiceſter,
Earl of Sarum,
Earl of Warwick,
Earl of Holland,
Earl of Bolinbrook,
Earl of Stamford,
Viſcount Say and Seal,
Lord Wharton,
* Lord Pageit,
Lord North,
Lord Hunſdon,
Lord Willoughby de Parrham,
Lord St. Johns,
Lord Spencer,
Lord Kymbolton,
Lord Brooke,
Lord Roberts,
Lord Grey de Warke,
Lord Newnham,
Lord Howard de Eſcrick.
The Biſhops
anſwer to the
Impeachment
of the Com-
mons.
+
►
After which the Committee of the Houſe of Commons were called
in, and the Councel of the Biſhops ſtanding at the Bar, the 12 Biſhops
were ſeverally brought in, one after another.
Firſt, The Arch-Biſhop of York was brought to the Bar, and after he
had kneeled as a Delinquent, he was commanded to ſtand up : And
then the Speaker, by direction of the Houſe, told him, That this Day was
appointed for the 12 Biſkops to put in their ſeveral Anſwers to the Im-
peachment of the Houſe of Commons of High Treaſon againſt them, and
that their Lordſhips do require him to put in his Anſwer thereunto.
His Grace Anſwered, That he had received an Order Dated the 30th
of December laſt, with an Impeachment againſt himſelf, and 11 other
Biſhops of High Treaſon, from the Houſe of Commons ; And likewiſe di-
vers Orders of ſeveral days, that were appointed for them to put in their
Anſwers ; and the laſt Order for this day, which accordingly he is come
to obey their Lordſhips Commands. And for his own Anſwer to the
aforeſaid Impeachment of High Treaſon he gives his Anſwer in this man-
ner.
,,
2
John Arch-Biſhop of York, Saving to my ſelf all advantages of Ex-
ceptions to the inſufficiency of the ſaid Impeachment, for
my ſelf ſay,
That I am not Guilty of the Treaſon Charged by the ſaid Impeachment,
in imajiner and form as the ſame is therein charged.
Then he deſired a preſent and ſpeedy Tryal, and ſo withdrew.
In the ſame manner, Thomas Biſhop of Durham, Robert Biſhop of Co-
ventry and Litchfield, Foſeph Biſhop of Norwich, John Biſhop of St.Afaph,
William Biſhop of Bath and Wells, George Biſhop of Hereford, Matthew
Biſhop of Ely, Robert Biſhop of Oxon, Godfrey Bishop of Glaceſter, John
Biſhop of Peterborough, and Morgan Biſhop of Llandaff were ſeverally
brought to the Bar, and gave the ſame Anſwer.
;
1
The
1
I. 641
T!
from the Scotch Rebellion to the King's Muriber. 883
The Biſhops having given in their Anſwers, the Committee of the Fanuary,
Houſe of Commons went to their own Houſe.
Then a Petition of the Biſhops was read as followeth.
To the Right Honourable the Lords Aſſembled in
the Houſe of Peers.
The Humble Petition of John Arch-Biſhop of York, and other the Bi-
shops Impeached by the Houſe of Commons, of High Treaſon the zoth.
of December laſt.
Humbly Sheweth:
Hat your Petitioners by your Honourable Order of the date of the Petition to be
The
Impeachment, were to put in their Anſwers thereunto the 7th. of ſpeedily
. Try-
this Inſtant, and have had ſit hence ſeveral days for that purpoſe aligned ed or Báiled.
them, and are now this 17th. of this Inſtant brought hither by your Lord:
ips Order. They always having been, as now they are, ready to obey
your Lordſhips Commands, and many of them already much Impaired both
in their Health and Eſtates :
Do moſt Humbly Pray, That a Speedy proceeding may be had there-
in, and that in the mean time they may be admitted to Baile.
And
your Petitioners ſhall ever Pray for increaſe of
Honour and Divine Bleſſing upon your Lordſhips.
Fo. Eborac.
Geo. Hereford.
Godfr. Glouc.
Mat. Eliens.
Foſ. Norvic.
Ro. Oxon.
Tho. Dureſme. Jo. Petriburg.
Fo. Afaph.
Mor. Landaff.
Guil. Bath & Well. Ro. Cov. & Litch.
Hereupon, It was ordered by the Lords, That the day of Tryal for The Biſhops
the twelve Biſhops which are Impeached of High Treafon by åbe Houſe of remanded to
Commons, shall be on Tueſday the 25th. of this Inſtant January, at the Paiſon.
Bar of the Lords Houſe : In the mean time, the Biſhop of Durham and
the Biſhop of Coventry and Litchfield, ſhall be remanded to the Cuſtody
of the Gentleman Uſher attending this Houſe, and the other ten to be pre-
fently remanded to the Tower, there to remain, until the further Plea-
Jure of the Houſe be known. And a Meſſage was ſent to the Houſe of
Commons by Mr. Serjeant Finch, and Mr. Serjeant Glanvile, to acquaint
them with this Order.
The Lord Keeper being indiſpoſed had by the leave of the Houſe re-
tired himſelf, but before his going had delivered a Letter from the
King, to the Speaker of the Lords Houſe for the time, which was read
as follows,
To Our Truſty and Right well-beloved Councellor, Edward Lord
Littleton, Lord Keeper of the Great Seal of Exglandi
A Letter and
Meſſage to
CHARLES RO
both Houſes
from the King
Or Will and Command is, That you deliver to the Parliament in Our concerning the
Name, the Meſage incloſed, concerning the Marqueſs of Hertford's Princc.
1
1
1
;
1.
Oº
Atten-
-
884 An Impartial Collection of all the memorable Events
January, Attendance upon Our Son, and for so doing this ſhall be your Warrant.
1 641. Given at Our Court at Windſor the 17th Jan. 1641.
His Majeſty hath ſeen the Order of the Lords, upon the Motion of the
Houſe of Commons, given to the Marqueſs of Hertford, concerning his care,
in attendance upon the Prince, not without Wonder, that the Parliament
Should make ſuch an Order, which can hardly be otherwiſe underſtood, but
as if there had been a Deſign of ſending the Prince out of the Kingdom,
which muſt neceſſarily have reflections upon his Majeſty, the Prince being
now in the ſame place with him. And his Majeſty hath ſkewed himſelf both
So good a Father and a King, that he thinks it strange, that any ſhould
have ſuch a thought, as that he would permit the Prince should be carried
out of the Kingdom, or that any durſt give him that Counſel.
1
1
bailed.
*
the Commit-
dom into a
Poſture of de-
fence.
Whereupon it was Ordered, That this Meſſage be communicated to the
Houſe of Commons at Grocers-Hall. And then the Houſe was adjourned
till the 20th of fan.
Mr. Quelcb In the Commons Houſe, It was Ordered, That Mr. Quelch xow in
the Serjeant's Cuſtody by order of the Houſe, ſhall be forthwith bailed. It was
rare that ever they abſolutely diſcharged any Perſon, who once came
under their Hands, though but for the ſlighteſt Information; and they
rather choſe to let them go under Bail, by which Artifice, they both
kept theſe Perſons under the Terror of their Lalli, and alſo juſtified their
owo Proceedings in being ſo merciful to take Bail, for ſuch Perſons, as
by this means were, though never fo Innocent, ſtill reputed Guilty, and
obnoxious to the Juſtice of the Parliament.
After this there were ſeveral Declarations read, and the laſt mentioned
concerning putting the Kingdom into a poſture of Defence, which was
now the great Affair upon their Hands. And in order to the better ac-
Anaddition to compliſhing of it,
tee for puta
Mr. Martin,
Mr. Seldon,
ting the King-
Mr. Sari. Brown,
Mr. Bodville,
Sir Gilbert Gerrard, Sir John Evelyn,
Sir Walter Earl,
Sir Tho. Barrington,
Sir Tho. Bowyer,
Sir Arthur Ingram,
Sir Robert Pye,
Sir Tho. Widdrington,
Sir John Holland, Mr. Hill,
Lord Fairfax,
Mr. Rigby,
Sir Hen. Heyman,
were added to the Committee appointed to conſider of putting the King.
dom into a Poſture of Defence.
A Committee was alſo appointed to examine Captain Legg, concern-
ing the Commiſſion and Inſtructions, which he carried down concern-
ing the ſecuring the Magazine of Hull.
It was alſo Ordered this Day, That the Knights of the Shire for the
Bucks for their County of Bucks, do return Thanks to the Sheriff, Juſtices of the Peace, Gen-
try and Free-Holders of the County of Bucks, that have prepared them-
ſuppreſs the
Kingſton. Fór-ſelves in a readineſs to ſuppreſs the Forces informed to be at Kingſton, and to
acquaint them, that this Houſe is informed, thoſe Forces are diſperſed, and
therefore that at this time there is no need of their coming out of their
County..
Then it was Reſolved, &c. and acc: rdingly Ordered, That Mr.White
Maſter
1
1
Thanks to the
Inhabitants of
readineſs to
ces.
!
1
-
4
C
from the Scotch Rebellion to the King's Múrther. 885
Maſter of the Ship lately come from Berwick by Qrder of the Houſe of Com- 1 January,
mons, with Arms and Ammunition, and under their Pay, ſhåll fall down the 1641.
River with the Ship; ſomewhat beyond the Command of the Tower, and no
further; and that if any perſon ſhall offer to take away the Arms and Am-
munition out of the said Ship, that then he ſhall call to him, the aſſiſtance
of Saylors and other Perſons, for the keeping of the fame; till further Order
of the Houſe of Commons.
They were perpetually urging the King for Arms and Ammunition,
out of the Tower and other Stores for Ireland, yet a thought never
entred into their Heads, to ſend this Ship with her Lading away for a
preſent Supply, which certainly they would have done, had they not
been really ſolicitous to exhauſt the King's Stores, rather than to relieve
Ireland; and this was alſo to countenance the Fears and Jealouſies of the
Lieutenant of the Tower, in order to have him diſplaced.
The Lords having appointed a Committee of 21 Lords to conſider
the matter of Breach of Privileges,
:
1
1
Mr. Sollicitor,
Mr. Palmer,
Sir Henry Vane,
Committee to
Mr. Pym,
Sir Samuel Rolle,
Sir Tho. Bowyer,
conſider of
breach of Prin
Mr. Hollis,
Mr. Kirton,
Mr. Nath. Fiennes,
vilege.
Sir Phillip Stapleton, Mr. Hampden,
Mr. Martin,
Sir Hugh Cholmeley, Mr. Arthur Goodwin, Mr. Long,
Mr. Whitlock,
Mr. Cage,
Sir John Hotham,
Mr. Grimston,
Mr. Rouſe,
Sir John Holland,
Mr. Chancellor of Excheq. Lo. Falkland, Mr. Strode,
Sir John Evelyn,
Lo. Gray,
Mr. Glyn,
Sir Robert Coke,
Lo. Wenman,
Mr. Rigby,
Sir Benjamin Rudyard,
Mr. Rogers,
Şir Guy Palmes,
Serjeant Wild,
Mr. Selden, Sir Ralph Hopton,
Sir Walter Erle,
Mr. Lav.Whittacre, Mr. Brown,
Sir Thomas Barrington, Sir John Potts, Mr. Vaughan,
Mr. Prideaux,
Mr. Reynolds,
Sir Ed. Patherich,
were appointed a Committee to joy.n with the Lords for that purpoſe,
and to frame a Petition to his Majeſty.
The Committee which was appointed to be preſent at the Lords
Houſe, at the Biſhops giving in their Anſwer, were
Mr. Glyn,
Mr. Palmer,
Mr. Sollicitor,
Serjeant Wild,
Mr. Whiſtler,
Mr. Peard,
Mr. Samuel Brown,
Sir Tho. Widdrington, Mr. Bagſhaw,
Mr. Rigby,
Mr. Lifle,
Mr. White.
Mr. Hill,
Mr. Reynolds,
Mr. Prideaux,
Mr. Grimſton,
The laſt of which, a moſt bitter Enemy of the Loyal and Orthodox
Clergy, took occaſion to diſplay his malice againſt them in this following
Speech
Mi, wbite's
!
Mr. Speaker,
B
I woful experience we have been fenfible of the great evils committed by ill af- Speech again!
the Biſhops,
fected perſons to the peace and ſecurity of the Kingdom, producing thereby
theſe dangerous and trorble ſome times * even ſuch are the troubles that this srbole fan.17. 1641.
Nation and the other his Majeſties Kingdom's is fallen in to, and lies groaning under, this ſpeech
that maker.
1
kea.
886 An Impartial Collection of all the memorable Events
January, that'we have not felt the like in this Land never ſince the civil diviſions between
1 641.
the two Houſes of York and Lancaſter, or Barons wars were on foot in the ſame ;
nay, let theſe troubles of our times be compared with them; * they are of far more
* Never a tru- dangerous conſequence ; there was in thoſe days onely the ſword to decide the contro-
er word ſpo-
verſies, no other place choſen for that purpoſe but the field, in á Warlike and Cort-
ragious manner. In theſe our diviſions we have adverſaries of no courage or mag-
nanimity that riſe againſt us, only ſubtil and treacherous ſpirits lying in their
Cabinets, and keeping themſelves cloſe in their ſtarely buildings, their deviſing on
divelliſ and hellin, ſtratagems to be put ſecretly in Execution for our Deſtrution;
as powder-plots, fiering privately of Towns, nayz Cities; if their endeavoirs might
have ſucceſs according to their deſires, which ſtrikes us with amaſement and con-
rinnal fear of our ſafety in our own habitations and places of livelyhood; we cannot
diſcern, so corrupt are the hearts of moſt men who ſcarce to converſe, inhabit or
eát mithal, ſo malicious is Satan ( working in his inftruments ) in whom he dwells,
and over whom he altogether Reigns and Rules, to bring to paſs his own ends,
that he works by no ways, but by practiſing of unheard or unconceived of Plots a-
mongſt Chriſtians, as by Sorcery, Witchcraft, Poiſoning, and the like, theſe inven-
tions can we not be aware of : A man ſceing his Enemy, and knowing him to be fo,
may uſe mcans either to reſiſt or flic from him, thereby to ſave himſelf, but being
in place unfufpe&ted to meet an Enemy, pretending himſelf a Friend, or at least not
knowing or conceiving him to be his Enemy, how can he be ſeciire, how can he defend
himſelf or Preſerve himſelf from his Malice or Deſtruction ? theſe times are now
fil-
led mith ſuch malignant Spirits devoted altogether to the ſervice of the Divel,
labouring by all means to bring confuſion and defolation on all the oppoſers, or not
complyants to their wicked deſigns.
Mr. Speaker, having preſented to your confiderations the manifold dangers and
troubles we ſuſtain by theſe practiſes of malignant perſons, I preſume humbly to pre-
sent to your view the Authors of the ſame, their practices to compaſs their deſires, and
the means to avert and remedy the ſame, which I deſire you to conſider of, and apply
the ſame as to your Judgements and Wiſdoms ſhall ſeem requiſite. The greateſt and
chiefeft Authors of our miſeries is the Biſhops and their Adherents, favourers of the
Romiſha and Arminian fa&tion, that have with a high hard and ſtretched out Arm
in their ſeveral places of Power and Juriſdi&tion, both /piritual and temporal exerciſed
cruelty and tyranny over the Children and Saints of God, binding the Conſciences of
free Subjekts only to their opinions and commands in the Exerciſe of their Religion,with
extremity and greateſt ſeverity inflicting puniſhment upon thoſe of tender Conſciences
that ſhall refuſe the ſame, enjoyning all of the Clergy under their Authority, to teach
only ſuch things as may ſerve only to the defence and maintenance of their deviſed do-
Etrines and Tenents of their ſuperionys, preaching the ſame out of Fear not Conſcience;
theſe corrupt Biſhops Lords over their brethren and fellow ſervants in the Admini-
ftration of the myſteries of Salvation, have been the prime Authors of all the troubles
we are now incumbred withal ; I ſpeak not, Maſter Speakers altogether againſt their
perſons, but even their Offices and Places of authority as now they are uſed, contrary
to the true intent of the Apoſtles in the firſt admitting of the ordination of Biſhops,
in theſe particulars, as I under favour conceive.
Firſt their denomination and Style, Lord Biſhops, we find not any where allowed,
nay, not named in Scripture.
Secondly, they joyn not with their authority teaching and conſtant preach-
ing of the word of God warranted by the ſame, but ſeparated contrary there-
Thirdly, joyning with their Spiritual Power temporal Juriſdičtion, ufurping to them-
ſelves the only Office of the Magiſtrate.
Fonrthly, procuring to themſelves places of Judicature chief Judges in great Courts,
as their High Commiſſion, late
Star-Chamber, and the like, which are all
contrary
to the rules and ordinances of Divine-Writ.' We cannot otherwiſe conceive or
expect, as long as their offices thus corrupted remain without limitation or correction,
that ever there will be true Religion ſetled in this Land, or any peace or unity of
hearts and affections in this Kingdom, being 100 apparent to all the world, that froin
age 10 age, ſince the Prelates have had ſuch power and command in the Conimon-
Wealth, they have bin either the roots and founders, or Actors and Competitors
pith
ish
to.
4
_
1 641.
I
from tbe Scotch Rebellion to the King's Martber. 887
with others, of all the diviſions and diffentions that have ever been in this Kingdom, January,
either berween the Prince and his people, or between the Prince and his Parliaments,
and
ſtill ſuch perſons of perverſe Spirits, poſſeſs ſuch Offices.
Secondly,I come to them you theſe their practiſes, how they have and still endeavour
to bring to paſs their wicked deſigns, they are known already I verily believe, both to
you and almoft all men, that is, * by Innovaring Religion, joyning with the Church * Molt rioró
of Rome, approving as well of the Do£trine as Ceremonies thereof, endeavouring tò rious fallhood.
bring all others into the ſame opinion with then, eſpecially the Lords and Grandees
of this Kingdom : to perfe&t this, they, raiſe diviſions between the King and his
Subječts, between King and Parliament, between Lords and Commons, and between
the Commons themſelves; to raiſe
, Murinies, Inſurrections, Rebellions amongſt his
Majeſties good Subjects, open Wars between his Majeſties Kingdomes one againſt a-
nother and all under pretence of the Religion, to defend the Office, Power and Juriſdl-
&tion of Biſhops above all others, yea that their
. Spiritual power, is above the King's
in Ecclefiaftical cauſes and the like, all which we have had woeful experience
of.
Thirdly, ( and laſtly ) the means whereby we may remedy theſe evils is. Firſt
to regulate and rectifie their inlawful and ufurped Power and Juriſdi£tio, and
ſettle
Such a form of Government in Religion, as ſhall ſeem to the Wiſdom of this Houſe,
to come neareſt the Word of God : And Secondly, with all ſpeed as we poſſibly can,
lepon Triall, bring to deſerved puniſhment, theſe Prelates and Biſhops, that have
been the only Authors of all our miſeries.
Thus did theſe Vultures and Harpies accuſe the innocent Doves, up-
on whom they intended to prey and Quarry; but, God be praiſed, We
have found, though by wofül Experience, who were the Occaſions of all
thoſe dreadful Miſeries, thoſe Wars and Bloodſhed, that Tyranny and U-
ſurpation under which the Nation ſo long groaned, which from the
Day that it ſaw the Biſhops excluded from the Execution of their Fun-
ction, and from their Right, never ſaw one happy Day, till by the Mi.
racle of Providence, tliey were by the Reſtauration of the Illuſtrious
Son of the Glorious Martyr, repoſſeſſed of their Office and Righès.
Then Sir Philip Stapleton Reported the Paper of Thanks to be re-
turned to the Scots Commiſſioners, which was in theſe Words.
The Houſe of Commons having conſidered, both that Paper given in to
them from the Scottish Commiſſioners upon Saturday laſt, as likewiſe their Commons to
Advice lately given to his Majeſty, by occaſion of the preſent Troubles, which the ScotsCom-
at the intreaty of the ſaid Houſe, they have communicated to them ; and their Papéis
finding therein a large Teſtimony of their Fidelity to the king; of Affection to the King
and Parlias
to this State ; and of Wiſdom for the Honor, Security and peace of his Ma-
jeſty and Kingdoms : doth bereby declare, That they have herein done that,
which is not only acceptable to this Houſe, but likewiſe, that which is of
great Advantage to both Nations; and therefore have Ordered, That sir
Philip Stapleton, Mr. Hampden, Mr. Fiennes, Mr. Pym, Mr. Arthur
Goodwin, Sir Henry Vane, ju. or any three of them, ſhall return them
very hearty and affectionate Thanks in the Name of this Houſe ; and this
Houſe doth further deſire them, That according to their Affe&tions already
expreſſed, they will continae their Care and Indeavors, to remove the
prea
fent Diſtractions among us, as alſo to preſerve and confirm the Union between
the two Nations fo happily begun.
And that this might appear to be not only a verbal Acknowledgment,
It was this day Ordered, That the Citizens that ſerve for the City of
London, do take Care, that the Scots
. Commiſſioners do pay nothing for
their Houſe Rent and Furniture belonging unto the ſame, and this Houſe
will undertake to ſee the ſame fatisfied,
Vol. II.
Xxxxx
After
1
The Thanks of
the Houſe of
ment.
#
-
:-
4
888 An Impartial Collection of all the memorable Events
January, After this one Ralph Hope, being at the Bar informed the Houſe of
16 41. Commons, That 4th Jan. inſtant, Serjeant Dendy came 10 Mr. Weekes
his Houſe at the Gate-Houſe, and required of him, if Mr. Hollis lay
Information
there; whereupon be asked the Serjeant, What bis Buſineſs was; the Ser-
againſt Ser-
jeant Dendy. \jeant bid him, tell him his Name; be anſwered, if he would tell him his
Buſineſs, he would tell him his Name; whereupon he ſaid, I charge you up-
on your Life, to tell me where Mr. Hollis is, for he is a Traitor ; how dares
Mr. Weekes lodg a Traitor in his Houſe : be ſaid loe muſt b.ve him, and
would have him, for he was a Traitor.
Whereupon it was Reſolved, &c. That Mr. Dendy Serjeant at Arms
ſhall be forthwith ſent for as a Delinquent by the Serjeant at Arms attending
this Houſe.
Mr. Cromwell, afterwards the infamous Uſurper, and Mr, Walton, two
Members of the Houſe informed againſt a Gentleman of Huntingtonſhire,
for Words of a high and dangerous Conſequence, whereupon it was
Ordered, That Mr. Speaker ſhall grant forth his Warrant, to bring the
Gentleman in Safe Cuſtody, that ſpake the Words, and likewiſe an Order to
Summon the Informer, their Names being firſt made known unto him, by Mr.
Cromwell and Mr. Walton.
After which, by Vote upon the Queſtion, the Houſe did adjourn it
ſelf till Thurſday morning next at 8 of the Clock.
But leaving the Faction in England for a while, driving on towards a
Rupture with the King, Let us fee, how the Affairs of their Brethren in
Rebellion in Ireland proceeded.
And firſt I will preſent the Reader, with a Liſt of the principal Rebels,
which I found among the Papers in the Clerk of the Commons Houſe
of Parliaments Office, which was as follow's.
Cromwell an
Informer
1
S
The Names of the Chieftains and Septs of the meer Iriſh, who have
taken Arms in Ireland, and rebelled againſt his Majeſty, and the
Crown of England, in the Province of vlſter.
A Lift of the
Ir Phelomy O Neil, called by the Iriſli, Plielony Roe O Neil Cap-
principal Per-
fons in there tain General of all the Rebels, and Chieftain of the O Neils, O Ha-
bellion in Ire- gaus, o Quyus, O Mellaus, Q Hanlous, O Corrs, Mac Cans, Mac Ca-
land.
wells, Mac Enallyes, O Gormeleyes, and the reſt of the Iriſh Sept, in the
Counties of Tyrone and Ardmagh.
Tírlagh O Neil, Brother of the ſaid Sir Phelomy is his chiefeſt Coun-
cellor, and is a very ſad Man, well ſeen in the Laws of England, which he
Studied in Lincoln's-Inn and was of good repute there.
Both theſe are extracted from Con More O Neil, the Father of Con
Bacagh O Neil, the firſt Earl of Tirone, whereby Sir Phelomy is reputed
by the Irish, to be the rightful O Neil, with Title and Appellation, with
the Dignities and furiſdi&tion conceived to belong thereunto of Old be hath
now aſſumed.
Captain Rory Maguire, Brother of Conner Lord Maguire, Lord Ba-
ron of Empkilm and Donoghbane Maguire their Uncle, are Chieftains of
the Maguires, and all other the Iriſh Septs in the County of Permanagh, be
is of a Cruel and Bloody Diſpoſition, and haths Shed much Engliſh Blood, as
is reported.
Brian Mac Collo Mac-Mahon, Brian Mantagh Mac Mahon and Neil
Mac Kenna of the Trough, are Chieftains of the Mac Mahon's
, Mac Ken-
na's, Mac Ardells, O Connellies, the O Duffies, and all other the Iriſh
Septs,
4
EN
$
+
1
1
4
from the Scotch Rebellion to the King's Murther. 889
Septs, in the County of Monoghan, the former of thoſe three, is a ſoft el-1 January,
derly Man, the two latter, are Toung and Rude, though each of them hath 1 641.
been brought up to C-vility and Learning being Wards to the King
Inquire of the Lord Blaney more particularly, who are she malt Eminent
Men of thoſe Rebels of Monoghan.
Sir Con Magenys Knight, and his Brother Daniel, Sons of did Sir
Arthur Magenys late Lord Viſcount Iveagh, and Undies of the now Vif-
Count, are Chieftains of the Migenyſſes, Mac Cartans, and all the other
Iriſh Septs in the County rf Down.
Philip Mac Hugh Mic Shane O Rely is Chieftain of the O Relyes; O
Gownes, Mac Cabes, Mac Echies, the Bradies, and all ihe other Irish
Septs in the County of Cavan.
This Philip Mac Hugh Mac Shane O Rely for his Eſtate and Parts is
made Chieftain, but Edmond O Rely is the chiefeſt of the O Relyes; and
Edmonds Brother Philip Mac Mullmore O Rely, is a more active arid
experienced Man, and hath done ſome Courtefies to the Diſtreſſed Engliſh,
for which, they say, he is made Priſoner by the other Philip, bizt it is more
probable, there is Emulation between them; Mullmore O Rely Son of the
Said Edmond, being Sheriff of the County of Cavan when the Rebellion be-
gan, and commanded all the Country in the King's Name, by vertice of his
Office to riſe, and take Arms, and continneth fill a Captain of the Rebels,
Shane Mac Philip Mac Mullmore O Rely Sox of the ſaid Philip Mac Mull-
more O Rely is a Captain of the Rebels.
Tirlagh O Neil, Grandſon of Sir Tirlagh Mac Henry O Neil
; and the
Son of Hugh Boy O Neil 1. wkoſe Name Sir Faithful Forţeſcue kroweth)
are Captains of the O Neils, of the Fues a Baroni in the Courty of Ardmagh
within ſix Miles of Dundalk, in the County of Louth, which Town was
never taken by the Rebels in any former Rebellion, but now is furpriſed by
the O Neils of the Fues.
The Lords Juſtices and Council finding the Storm grow every day
Louder and more Threatning, diſpatched freſh Letters of Advice to
England, to give an account of their Affairs; particularly this following
to the Lords of his Majeſties Privy Council
.
.
Sa
rices & Couns
(C
May it pleaſe your moſt Honourable Lordſhips :
Ince our laſt diſpatcli to the Lord Lieutenarit, Dated the 25th of A Letter from
the Lords ju:
O&tober, concerning the preſent Rebellion begun there, the
Rebells have with great Multitudes proceeded in their out-rages, cil in Ireland
even to great cruelty againſt the Engliſh and Proteſtants, in all places of the price
where they came. They have Seized the Houſes and Eſtates of al Council in-
moſt all the Engliſh in the Counties of Monoghan, Cavan, Fermånağh, England; Now:
.
Armagh, Tirone, Donegall, Letrim, Longford, and a great part of the
County of Doivne, ſome of which are Houſes of good Strength, and
diſpoſſeſſed the Engliſh of their Arms, and ſome of the Engliſh Gentle-
men whoſe Houſes they Seized (even without any reſiſtance in regard
of the ſuddenneſs of their ſurpriſe ) the Rebels moſt Barbarouſly,
not only Murdered, but as we are informed, hewed ſome of them to
pieces. They Surpriſed the greateſt Part of a Horſe Troop of his Ma-
jeſties Army, commanded by the Lord Grandifon, in the County of
Armagh, and poſſeſſed themſelves of their Arms. They apprehended
“the Lord Caulfield and Sir Edward Trevor a Member of this Board
Vol. II.
Xxxxx4
"
and
CC
1
i
Ma
CC
+
(C
CC
66
1
890 An Impartial Collection of all the memorable Events
Fantary, “ and Sir Charles Pontes,and Mr.Branthwait,Agent to the Earl of Elex,
1Q4'1.
and a great number of other Gentlemen of good Quality,of the Engliſh,
in ſeveral Parts, whom they ſtill keep Priſoners ; as alſo the Lord
Blayney's Lady , and Children, and divers other Ladies and Gentle-
women. They have waſted, deſtroyed and ſpoyled whereſoever they
came, and now their fury begins to threaten the Engliſh Plantations,
in the Queens County, and Kings County, and by their Example the
· Sheriff of the County of Longford a Native and Papiſt is likewiſe Riſen
in Arms, and followed by the Iriſh there, wliere they Rob, Spoyl,
“and Deſtroy the Engliſh with great Cruelty.
" In theſe their Aſſaults of the Engliſh, they have Slain many, Rob-
bed and Spoyled thouſands, reduced men of good Eſtates in Lands,
who lived Plentifully and well, to ſuch a condition as they left them
not ſo much, as a Shirt to cover their Nakedneſs. They turned out of
their Eſtates many of conſiderable Fortunes in Goods, and left them in
great want and miſery, and even the Iriſh Servants and Tenants of
the Engliſh, who lived under them, riſe againſt them with
great Ma-
' lignity, and joyn with the Rebels; They defaced the Chargeable
Buildings and profitable Improvements of the Engliſh, to their utter-
“moſt Power : They threaten all the Engliſh to be gone by a time, or
they will deſtroy them utterly ; and indeed they give out publickly,
That their purpoſe is totally to Extirp the Engliſh and Proteſtants, and
not to lay down Arms until by an Act of Parliament here; the Romiſh
"Religion be Eſtabliſhed, and that the Government be ſettled in the
(Chands of Natives ; and all the old Iriſh reſtored to the Lands of their
ſuppoſed Anceſtors.
“Theſe and other Miſeries and Calamities the Engliſh and Proteſtants
of all Conditions here do ſuffer; which we cannot mention without
horror and grief of Heart.
Beſides, in theſe high Diſturbances and general miſchiefs the Iriſh
sinhạbiting on the Borders of the Counties of Meath and Lowth, ad-
joyning to the Counties of Cavan and Monaghan, do make daily Incur-
s lions on all the Engliſh near them, and Rob and Spoyl them, of all
they have, whereby many are utterly undon, and ruined in their E-
“ The Rebels finding their numbers to increaſe, which we are in-
“ formed to be very many, and in many places, inſomuch as it is con-
“ceived that they are not leſs than thirty thouſand already declared,
aſſemble themſelves in great Parties, whom notwithſtanding wé dare
meet with far fewer numbers, as we hope to be Armed, and Horſed,
they for the moſt part being as yet meanly provided of any Arms, or
Munition byt ſuch only as they got from the Engliſh whom they
* Robled, and the Kings Magazins which they ſurpriſed
.;
They ſent a Party of their men to the Town of Dundalk an antient
Corporation, which held firin to the Crown in all the times of the
<late Rebellions in this Kingdom.
When theýiapproached the Town on Saturday laſt, it was rendred
upto tliem, without a blow ſtrucken in the defence of it.
They are now.advancing immediately to Drogheda, a Walled Town
cepantlie Sea Coaſt, within twenty Miles: of Dublin, and if tliey can
prevaikthere , it is conceived:tliey. will March immediately hither, to
Beliege this Gity, and. Caſtles...
trimi
In this ſtraight, and therein our extream: want of Money and Arms
150
?
*
10
C
66 ſtates.
!
1
CG
CC
26
1
.
16
as
1
06
1
CC
BC
+
(G
-
from the Scotch Rebellion to the
King's Murther. 891
as well as inen adding to our grief;We conceived it became of abſolute January,
“ neceſſity, to find means to imploy ſome ſtrength, as well to deter the
I 6 4.I..
Rebels and their Adherents, as to countenance, and if it be poſſible to
preſerve the good Subjects, eſpecially in theſe Parts : And therefore
having ſent what Supplies of Arnis and Munition we could to Dro-
"gheda, we raiſed here a thouſand Foot, conſiſting of as many Engliſh
as we could poſſibly gather, yet a great part of them are Iriſh, whom
we are neceſſitated to truſt, and have Armed them, and they are now
“ Marched with two Troops of Horſe towards Drogheda. But if through
" the defection of theſe Iriſh in that Regiment, or any other accident it
“ſhould fo happen (as God forbid) that the Rebels ſhould prevail a-
gainſt them, then conſidering the preſent State and Condition of this
Čity, we muſt utterly diſpair of being able to keep it againſt the
Rebels, unleſs we be with all poſſible ſpeed relieved from thence with
Men, Money and Arms; and on the other ſide, not to fend forth
thoſé Troops, would be extreamly Dangerous, as giving not only too
< much heart to the Rebels, when they ſhould ſee themſelves able to
come ſo far, without reſiſtance, but alſo great Diſcouragement and
« Terror to the well affected, when they ſhould ſee us unable to thew
any ſtrength for their defence.
"We hold it our duties thus to acquaint your Lordſhips, with
“ the Lamentable State ; wherein this Kingdom ſtands, that fo his
Majeſty and the Parliament there, may underſtand it, and then we
hope they will provide for relieving us Immediately, with ten thou-
“ſand Foot, and one thouſand Horſe, for the preſent, well Armed and
“ further Proviſion of Arms, to furniſh the Stores, as alſo ſome able
“ Commanders, and one hundred thouſand pound in money to pay
them, and anſwer other occaſions here, which being now ſpeedily
“ſent us, may prevent the Effuſion of very much Engliſh Bloud, and
"the vaſt expence of Treaſure hereafter, which muſt of neceſſity be
"Apent, if we be not preſently thus relieved.
“We muſt alſo make known to your Lordſhips, that upon this occa-
- Sion, many
of the Noblemen and Gentry of the Pale, coming to us for
“Arms, as alſo many in this City, and other Toins: We held it the
fafeſt way to avoid their Suſpition of our Jealouſie of them, and ſo we
yielded to ſet ſome prime Men, and ſome Counties alſo, to have Arms
"and Munition, for their defence, againſt the Rebels, upon deep
profeſſions of their Loyalty to the Crown, who we hope will be a
ſtrength to us. But however, there was no ſafety to let them lodge
any thoughts of Jealouſie in us, againſt them: And our Iſſuing of
Arms in that manner hath very much leſſened our ſtores.
'“ Sir Faitliful Forteſcue coming lately from Drogheda, ſhewed us a
Paper which he told us was dropped under a Stall at Drogheda, and fo
was brought to him, it ſeems to be a Declaration of ſome of the rea-
"fons pretended by the Rebels for taking up Arms.; which Paper, we
humbly offer to your Lordſhips here incloſed; as állo two Proclama-
« tions Publiſhed by us, by occaſion of this Rebellion 'ſince our laſt dif-
patch to the Lord Lieutenant.
“The Lord Magwire and Mr. Mahown, the two Principal 'Priſoners
we have,r'Węíliould think fit to ſend into England for their more fafe-
"ty, and to take away fromathe Rebels all hope of delivering them from
Priſon; by their.coming:hither to beſiege this place ; wherein therefore
sve humbly.crave a ſpeedySignification of his Majeſties, or your Lord-
- Thịps good pleaſure to be haſtened unto us.
Το
!
I
CC
(C
1
A
CC
66
1
1
1
892 An Impartial Collection of all the memorable Events
Faunary " To quicken our Supplies from thence (without which, and that
I 6 4 I.
with all poſſible ſpeed, we cannot expect to live to give his Majeſty
an account of this place;) We have now written our Letters to the
“Lords and Commons Houſe of Parliament there, and have for the
particulars referred to theſe our Letters to your Lordſhips, humbly be-
ſeeching your Lordſhips to Communicare them to both Houſes; yet
ſo we hope, as thoſe Parts thereof which your Lordſhips may eaſily
judge, are fit to be kept ſecret, and being publiſhed may diſcover our
“Diſability to make defence, and our Apprehenſions of great and Emi-
nent danger, may not come to common view.
We have alſo (ſo extreamly neceſſary it is) ſent this Bearer Richard
" Fitz Gerald, Eſq; as an Expreſs Agent or Sollicitor from this State, to
attend his Majeſty and your Lordſhips ; that ſo by his Majeſties gra-
cious Interpoſition, and your Lordſhips Mediation for us to the Par-
liament there ; the fuccors we expect may be ſent us, which if they
come not immediately (we crave leave to repeat it again and again)
“ the Kingdom will be utterly loſt, and all the Engliſh and Proteſtants,
in Ireland deſtroyed, and ſo England inſtead of Subjects will have Erie-
“ mies here, who will continually diſturb the Peace of that Kingdom,
as well from hence as from Forreign Powers; for no way will be left
unattempted by them, whereby the Peace of that Kingdom may be
“ diſturbed, and then of neceſſity, England muſt be forced to undertake
a new conqueſt of this Kingdoin; for a politick Reformation will then
“ become impoſſible, and to make a new Conqueſt, will be now more
difficult and chargeable, there in any former times, in reguard the
Ports and Inland Towns, and the Priricipal Strengths will be imme-
diately loſt, as ſome of them already are, which are now more in
number by much, then were here in former times, and the People
“better diſciplined in the rules of War, beſides many other advantages
they have, as well by the return hither of Commanders of the Iriſh,
“ who ſerved in Forreign Nations, as otherwiſe, which they wanted in
the time of former Rebellions there; and beſides all the meer Iriſh now
" in the Service of the King of Spain, will undoubtedly return hither,
to joyn with the Rebels; And ſo we humbly take leave and remain
from his Majeſties Caſtle of Dublin, 5. November, 1641.
Tour moſt Honourable Lordſhips
humbly at Commandment.
CC
CC
1
Will. Parſons. Cha. Lambart. Tho. Rotherham.
fo. Borlaſe.
Ad. Loftus.
Fa.Ware.
7. Dillon.
f. Temple. Rob. Meredith.
Ant. Midenſis.
Cha. Coote.
fon. Kaphoe. P. Crosbie.
A Letter of the ſame Date was alſo ſent to the Speaker of the Houſe
A Letter from of Commons, in theſe words":
the Lords Ju.
ſtices & Coun-
cil in Ireland,
to the Speaker
of thc H. of
Uch are the preſent Calamities under which all the Engliſh and Pro-
Commons. No.
teſtants in Ireland do now ſuffer, as if Supplies of Men, Money, and
sth. 1641.,
Arms, come not Speedily forth of England bither, it cannot be avoided,
but the Kingdom muſt be loſt, and all the Engliſh and Proteſtants here de-
Stroyed,
SIR,
+
Setelah
1
1
: "
893
from the Scotch Rebellion torbe King's Murther.
ſtroyed, wherefore as we have now humbly repreſented the ſame more ful-1 January,
ly to the Lords of bis Majeſties molt Honourable Privy Council
, and for- 16 41.
merly to his Majeſty and to the Lord Lieutenant of this Kingdom ; ſo re
adjudge it fit by iheſe our Letters to you, to make it known to the Honour-
able the Commons Houſe of Parliament there, who cannot but foreſee the
many other grievous and Lamentable Conſequences which the looſening of
this l'ingdom muſt unavoidably bring to England; and certainly this King-
dom and
the Lives of us all here, and all the Proteſtants in the Kingdom
were never in fo great Danger to be left, as at this inſtant ; no age having
produced in this Kingdom an example of ſo much Miſchief done in ſo ſhort a
time, as now we find acted here in leſs then a fortnights ſpace, ty Killing
and Deſtroying ſo many Engliſh and Proteſtants in ſeveral Parts, by Rode
ing and Spoyling of them; and many thouſands more of his Majeſtics good
Subjects, by Seizing so many Caſtles, Houſes and Places of Strength, in
Several Parts of the Kingdom, by threatning the Engliſh to depart, or o
therwiſe that they will deſtroy them utterly; and all their Wickedneſs act-
ed againſt the English and Proteſtants with ſo much Inhumanity and Cru-
elty, as cannot be imagined to come from
Chriſtians, even towards Infidels.
We comfort our ſelves with this hope; That by the Bleſſing of God on the
Wiſdom of that Honourable Houſe , we may have ſudden and full Supply
from thence, whereby we may be enabled to preſerve the Kingdom, and
confequently prevent the further Lamentable Miſchiefs which may otherwiſe
follow. And ſo we remain from his Majeſties Caſtle of Dublin, 5. No-
vember, 1641.
Your very aſſured Loving Friends,
Will. Parſons. Joh. Raphoe. P, Crosbie.
Jo. Borlaſe.
Cha: Lambart. Cha. Coote.
J. Dillon.
Ad. Loftus.
T. Rotherham.
Ant. Midenſis. J. Temple.
Ja. Ware.
Rob. Meredith.
1
4
I
Sp. of Com:
L
B?
And after this another Letter was diſpatched to the Speaker of the
A Letrer from
Houſe of Commons, which ſpoke this Language:
the Lords Ju-
ſtices & Coun-
cil of Ireland,
SIR,
tõ the Speaker
I Letters from the Lord Lieutenant of this Kingdom we obſerve, of the #. of
how ſenſible the Honourable Commons Houſe of Parliament there is, 13the 16410
of the Infolencies of the Rebels here, and of the preſent danger of the whole
State and Kingdom, and the readineſs and forwardneſs wherewith that Ho-
nourable Houſe hath ordeined Aids and Supplies for us, which exceeding-
ly Comfort us, amidſt the Diſtreſſes wherein we now ſtand. And we crave
leave, as to acknowledg with moſt hearty thanks to that Honourable Houſe,
the High Favour we have therein received, and our joyful apprehenſion
thereof; so to intreat moſt earneſtly, that the Supplies may be baſtered
unto us, with all poſſible ſpeed, in ſuch a proportion as by our Letters of
the fifth of November to the Lord Lieutenant we humbly moved, and in
ſuch manner as by our Letters now fent to his Lordſhip we humbly deſire,
wherein if all poſſible Speed be not uſed, the deliverance intended by that
Honourable Houſe to this State and Kingdom, may be prevented, and jo:
the Cruel and Barbarous Rebels become pelesed of the Kingdom, which we
Submit
+
!
1
894 An Impartial Collection of all the memorable Events
January, , Submit to the deep Judgement of that Honourable Houfe. And so we re-
main from his Majeſties Caſtle of Dublin, 13. November, 1641.
I 641.
i
Your very
aſſured Loving Friends,
Will. Parfons.
Jo. Borlafe.
Orrhond Offery.
J Dillon.
Cha. Lambart.
Ad. Loftus.
Gerrard Lowther.
P. Crosbie.
Ja. Ware.
Rob. Meredith.
Sp. of Com. Houſe.
.
But the Parliament of England, as may be obſerved before in the pre-
ceeding Tranſactions of the two Houſes, though they made a mighty
buſtle and noiſe about relieving of Ireland, made but very flow ſteps
towards the Suppreſſing of the Rebellion in good Earneſt
. And not-
withſtanding the preſſing inſtances and repeated Meſſages of his Maje-
fty to forward that Affair ; they were two much taken up with the
Management of their own Deſigns to aſſiſt that diſtreſſed Kingdom to
any purpoſe. They gave a great many good words, and ſent over Let-
ters full of Promiſes of Men, Money and Proviſions, but all the courſe
they took was to borrow Money of the City of London, and the Mer-
chants, which was not conſiderable for ſuch a Work, and for Men
i
though the King offered preſently to raiſe 10000. Volunteers, if the two
Houſes would undertake to pay them; they would by no means hear of
it; but did all they could to diſcourage thoſe Levics, by queſtioning
ſuch as beat up Drums for Volunteers for that Service.
By this means and by ſome other Actions before recounted, this Re-
bellion which was at firſt but a few Sparks, and might without difficul-
ty have been Extinguiſhed, grew to be an Univerſal Flame : And no-
thing can be more evident then that how general ſoever the Conſpiracy
was, many of the Iriſh ſtood at Gaze to ſee what would become of the
Firſt Commotions; but obſerving the little Force which was in Ireland
to oppoſe them; the little probability of Succors from England; the
great Animoſities and Diſſentions, and a Proſpect of a Civil War in Eng-
land between the King and the two Houſes; and being incouraged
with hopes of Forreign Aſſiſtance,it Imboldned thoſe to Enter into Actu-
all Rebellion, who if any confiderable Force liad been ſent to Suppreſs
them, would difficultly have Expoſed themſelves and their Poſterity to
Infamy and Ruin, of which , for their former Rebellions againſt the
Crown of England, their Nation was able to produce ſo many fatal In-
ſtances.
But all theſe unhappy Circumſtances concurring , the generality of
the Nation of the Romijh Religion became in a lettle time actually in-
gaged in the Rebellion; and incouraged by their Multitudes, and ſome
little Succeſſes, they managed their Affairs with that Barbarous Cruelry
and Inhumanity as will not only leave an Eternal Infamy upon the
Actors ; but thereby they Treaſured up ſuch a ſtock of Divine Ven-
geance, as afterwards fell upon their own Heads in the moſt remarkable
Retaliations, that any Ages had ſeen, or almoſt any Nation felt.
But among all their Bloody Actions and Impolitick Policies , their
contributing
to Murder the Reputation of the Beſt of Princes, was cer-
tainly one of the greateſt of their Crimes, and for which they paid the
deareſt:
from the Scotch Rébellion to the King's Muriber: 895
deareſt: For by giving out ſuch Reports as they did, that tlicy were j January,
the Queens Army, and that they had a Party in England which would i 641.
aſſiſt them; the Faction of the two Houſes, whoſe Malice was Rämpant
againſt the King, laid ſo mucli force upon theſe Calumnies, that the
King to vindicate his Reputation from the Popular Odium of theſe Re-
ports, was obliged to commit a great Power of the Iriſh Affairs, and to
intruſt much of the War in the hands of the two Houſes; and to diveſt
himſelf almoſt of all Power of ſhewing them Mercy, or granting them
Pardon. And it is incredible how much Miſchief theſe Repoits did to
his Majeſties Affairs, and what deep Impreſſions theſe Stories, which
were only little Artifices to countenance their Rebellion, made in the
minds of the Common People of England, who,at that time were prepa-
red to receive without the leaſt doubting whatever was pronounced by
the Leaders of the Faction to be true. And becauſe it may caution Po-
ſterity againſt ſuch fatal Credulity, I will preſent the Reader with ſome
Papers which have come to my Hands in ſearching among the waſt
Papers of the Clerks Office of the Commons Houſe , whereby he will
be able to ſee, with wonder, that ſo great a Structure of Rebellion ſhould
be built upon ſo narrow a Foundation ; I know that Fame is a perfect
inverted Cone or Pyramid, which from ſome ſmall point, Itill the high-
er it riſes, the wider it ſpreads. The firſt Paper is a Letter under Sir
Phelim 0 Neals own hand, and the very Original Letter, which was
ſent by the Perſon to whom it was written, as I ſuppoſe, to ſome of
the Scotiſh Nation, and by them handed to the Commons Houſe, and
was in theſe words.
I
Hamilton.
Honoured Sir,
A Letter of Sir
Have appointed Captain Turlogh O Neale,with his Forces to go down Phelimo Neils
into your Parts, to defend and maintain the Catholick Religion; to Sir William
Wherefore I would intreat you, if you give us no help.(as
. all other Catho-
licks in England and Ireland do) to keep your ſelf quiet at home, and to
Send the said Forces your beſt advice ; you ſhall receive no hurt , where I
can do my ſelf or you good ; and ſo with my Service unto your ſelf
, and my
Honoured Lady of Strabane, unto whom I ſhall be ready to perform any
Service,
In the Power of,
23th. November, 1641.
Phe. O Neill.
I am to be with the Forces of Evagh, Monaghan and Cavan, to meet
our Conaght Lords at Dery very Jhortly.
Superſcribed,
For his much Honoured and very Loving
Friend, Sir Will. Hamilton Knight,
theſe with my Service,
Paß.
From this one Parentheſis (as all the Catholicks of England and Ire-
land do) the Faction improved the Scandal
, not only to the Ruin of the
Reputation of all the Papiſts in England, but by virtue of thoſe words,
and their Adherents, Popiſhly Affected, which always followed at the
heels of the Papiſts; they drew in the Biſhops, and Epiſcopal Clergy,
and all the Loyal Nobility and Gentry, and Commoners of England, in-
Vol. II.
Yyyyy
to
.
1
A
896 An Impartial Collection of all the memorable
Events
January, to this Drag Net of Scandal, and poſſeſſed the Vulgar, eſpecially of Low-
1 641. don, with a moſt Unalterable belief, that there was the ſame Deſign by
the Prelates, Papiſts and Evil Councellors of the King, to act the ſame
Cruelties againſt them, as the Rebels had done againſt the miſerable
Proteſtants In Ireland; and this was one of the greateſt Arts, by which
they raiſed and ſupported the inſuing Rebellion, in which as they grew
in ſtrength and ſucceſs, they ſhook hands ſo far with all modeſty and
duty, as to reproach even the King himſelf, with theſe horrible Cálum-
nies and Defamations.
This following Letter was alſo Intercepted going to France, and
brought to the Houſe of Commons.
1
Corke this 20th. of November.
A Letter from
one Mr. Roche
Intercepted
going to France
YO
Loving Brother,
Our last Letter I have received, being very glad of your forwardneſs
in your Studies, you ſhall underſtand that our Mother and all our
Friends are in good Health. I doubt not but my couſin James doth Sup-
ply your Wants if not, certifie me thereof, that I may ſee you. Supplyed
by another, who very willingly will do it: I hope your Brother Morris will
be one of the firſt that will go that way, and that ſhortly; there be a great
number of Iriſh Catholicks out in Ulſter, who have taken mary
Tówns and
Caſtles there, and daily do increaſe in Men; Their Cauſe of Rebellion, as
they ſay, was for fear they ſhould be Troubled for their Religion, and
to no other intent, and if that they can have freely, they will put up
their Arms, and refer themſelves to the Parliament here ; if this they
cannot have, we are like to have a troubleſom time in this Kingdom;
God ſend us Peace: They call themſelves the Queens Army ; they
could never in ſo ſhort a time have accompliſh't what they have done,
if they had not ſome great ones to help them, which is not diſcovered
as.yet. God ſend us not leſs Liberty then we had, and then we ſhall not
need to complain. Write to. Dominick Coping Esq; 'and give him thanks
for the 4a s. ayear he was pleaſed to give you during your Study, though
he gave me none, yet certifie bim of the receipi of ſo much by my
Order, and then I ſhall have it. So having no more at this time but my
Love to your ſelf, my. Bedfellow and little Morris remember their Love
to you, and so I rest,
Your Loving Brother John Roche.
Directed A Monſieur,
Monſieur Jaques de la Roche
Eſtudient Ibernois au College
de Raiemes Solit donne.
A Paris.
as yet
.
:
17
V
the piti-
See here the moſt horrible Scandals afterwards fixed upon the Queen,
and the King himſelf by the Calumniating Faction, built
upon
ful Foundation, of an, as they ſay, and they call themſelves the Queens Ar-
my, and the conjectural Opinion ofa:private Perſon, that the Rebels, as
he calls them, had ſome great Ones to help themz which the leading Men
of the two. Houſes, did, as confidently aver, for pofìtive and undoubted
Truths, as if they had had a Diſcoveny under the King or the Queens
own Hand and Seal.; and to make the people believe it, they fo vigo-
roully
!
T
1
for
:
.
:
Fi
:
1
1
from the Scotch Rebellion to the King's Murther. 897
rouſly preſſed, that the Queen might make an Open and Publick | January,
Declaration, to be ferit to Ireland, dılavowing all manner of Counte- 1641.
nance or Aſſiſtance to the Rebels, or the Rebellion ; which was deſign-
ed purpoſely to blemiſli Hers and the King's Honor, by ſpreading the
Sulpition which the Faction had, that they were:concerned ſecretly. in
this deteftable Rebellion.
There were indeed fome great Perſons I doubt not who gave the Re
bels all the Countenance; Encouragement and Aſſiſtance they could Pol-
ſibly; but I am for ſeţtinig the Saddle upon the Right Horfe. Cardinal
Richeliex, I make no doubt, who was in his time the great Incendiary of
Europe, and who had had a great ſhare in the management of the Scot-
tiſh Rebellion, as before hath been obſerved, had alſo, a very great
In.
fluence both upon this Rebellion in Ireland, and that which followed ir
in England, as in due time I ſhall indeavour to make it appear. And to
fortifie this Opinion, I will preſent the Reader with the Information of
Mr. James Wiſhert a Scot, who in a Letter to Mr. Pym gives this ac
count of himſelf; and the Intelligence he got among tlie Rebels during
the ſpace of 12 Weeks that he was a Priſoner among them; and ſince i
have not found that Mr. Pym made this Information publique, which
confirms me in the Opinion that this was a tender point, and Richelieu
too much a Friend to their own wicked deſigns to be diſcovered or Expo-
ſed; I think my ſelf bound to give Poſterity all the light I bave been able
to diſcover, to enable them to look into the dark and horrid Contrivan-
ces of the Conſpirators of that Age ; and the rather, in regard it may
be a Caution to lucceeding. Times, and may give them fome Reaſon to
ſuſpect chat there may be dangerous : Confederacies even between the
Pretenders to Reformation, and the greateſt Papifts.though for different
Ends, the Reformers to ſecure' themſelves from Juſtice by embroyling
the Nation, and the Popiſh Miniſters of Forreign: Nations, to keep us
buſie at home, that ſo we might not be at leizure to keep the ballance
even, as the Kings of England have ever had the Honour to do; but that
our hands being tied behind us by domeſtique Diviſions, they might be
at Liberty by the Power of their Arms to Extend their Empire and Am-
bition beyond the Bounds and Limits, within which the Wiſdom of for-
mer Ages had reſtrained them.
The Information was as followeth:
Ccurrences that I learned for truth, the time of my Bondage, Firſt
Mr. Wibert's
by Mr. Thomas Flemyng Father-in-Law to the Lord Inchekilling, Information
and divers others in the
Camp, That General O Neil with the Re- that Cardinal
bels had ſent one Chriſtopher Ultache a Frier to the Cardinal Richelieu, mented the I-
whom he detained five Weeks till be should ſee further of their Succeſs; rijb Rebellion.
then they ſent another Frier called Newgent, with whom they ſent the true
Relation of all their proceedings; whereüpon the Cardinal bath aſſured to
ſend them 16000 Sute of Arms for Foot, and 6000 for Horſe to Dunkirk,
and from thence to be ſent to Wexford, there to be received by the O Tooles.
Bearns and the Mac Farralds ; and if they could not land there, to land at
Carlingford, to be received by the Mac Gennis'es and Mac Carties.
As aljo that Con Oghe O Neil the Lawful Heir of the Houſe of Ty.
rone, with Colonel Preſton, Uncle to the Viſcount Gormanſtown, are in
Weſt Flanders, and have written to all the Iriſh in the Spaniſh Service,
the Emperor's Service, or elſewhere, and they are to meet them at Dunkirk,
and so to come from thence with all the Proviſions they can make. That
Vol. II.
Yyyy y 2
Tredagh
$
1
O
4
F
1
1
N
i
1
1.
898 An Impartial Collection of all the memorable Events
January, Tredagh is of ſuch Conſequence, that the Rebels Esteemed it of: Ineſtimable
164 1. Value, in regard of the Strength thereof, the Ammunition of Powder, Ball,
Cannon, and other things therein, and of the 'wear Situation thereof to
Dublin, the Rebels aſſured themſelves of the Kingdom if they had it, and
Dublin were not able to reſiſt them.
To his Truſty and Well beloved
Jolin Wiſhert.
Mr. John Pym.
1
Upon the 16th of November the Parliament met at Dublin, where lit-
tlemas done more than the making this enſuing Protestation.
.
The Proteſta
tion and De-
claration ofthe
W
Iriſh Parlia-
.
The Proteſtation and Declaration of the Lords Spiritual and Tem-
poral, and Commons in Parliament Aſſembled.
Hereas the Happy and Peaceable Eſtate of this Realm hath been of
late and is ſtill interrupted by ſundry Perſons, ill-affected to the
Peace and Tranquillity thereof, who contrary to their Duty and Loy,
mene againſt alty to his Majeſty, and againſt the Laws of God and the Fundamental
Laws of this Realm, have Trayterouſly and Rebelliouſly raiſed Arms, feiſed
upon his Majeſties Forts and Caſtles, and diſpoſeſed many of his Faithful
Subjects of their Houſes, Lands and Goods, and bave flain many of them, and
committed other Cruel and Inhumane Outrages and Ačts of Hoſtility within
this Realm. The ſaid Lords and Commons in Parliament aſſembled, being
juſtly moved with a right Senſe of the ſaid Dilloyal and Rebellious Proceed
ings and Actions of the Perſons aforeſaid, do hereby Proteſt and Declare, Thiat
the ſaid Lords and Commons from their Hearts do deteſt and abhor the ſaid
Abominable Aitions : and that they ſhall and will to their uttermoſt Power
maintain the Rights of his Majeſties Crown and Government of this Realm,
and the Peace and Safety thereof, as well againſt the perſons aforeſaid, their
Abettors, Adherents, as alſo againſt all Forreign Princes
, Potentates, and
other perſons and attempts whatſoever ; And in caſe the perſons aforeſaid do
not repent of their aforeſaid Adtions, and lay down Arms, and become humble
Suitors to his Majeſty for Grace
, and Mercy in ſuch convenient time, and in
Such Manner and Form as by his Majeſty, or the Chief Governor or Gover-
nors, and the Council of this Realm shall be ſet down, the ſaid Lords and
Commons do fur:ber proteſt and declare, That they will take up Arms, and
will with their Lives and Fortunes, Suppreſs them and their Attempts, in
ſuch a way, as by the Authority of the Parliament of this Kingdom, with
the approbation of his Excellent Majeſty, or of his Majeſties chief Governor
or Governors of this Kingdom ſhall be thought moſt effectual.
Some overtures of an accommodation however were made by fome
of the Rebels, as appears by this Letter Addreſſed to the Lord Dillon
Viſcount of Coſteloe, one of the Lords of the Council of Ireland, which
he preſented to the Board upon the roth of Novemb. 1641.
Oler very Good Lord.
ohi
The Zonefore "al of your and their performance of Truſt unto theirFriends in their great-
UR
Lord Viſcount eſt Adverſity, encourageth us and engageth your Honour to our fruition of your
Coſtelol, Nov.
future favours; The fixion our Confidence in you before any other of the Peers
and privy Councellors of the Kingdom doubleth this Obligation. Your Lord-
ſhip may therefore be pleaſed to acquaint the Lords Juſtices and Councel ( to
1
H-
1
10. 1641.
bel
1
1
i
.
1
from the Scotch Rebellion to the King's Muriher: 899
be imparted unto his Sacred Majeſty ) with our Grievances, and the cauſes / Fanuary;
thereof, the reading of which we nioſt humbly pray, and the inanner of it.
I'6:41.
Firſt, the.Papiſts in the neighbouring Counties are ſeverely puniſhed, and
their miſeries might ſerve as Beacons unto us to look unto our own, when our
Neighbours Houles are on fire : And we and other Papiſts are, and ever will
be as loyal Subjects as any in the King's Dominions ; For manifeſtation whère-
of we ſend herein incloſed an Oath folemnly taken by us, which as it received
indelible Impreſſion in our hearts, ſhall be signd with our hand, and ſeald
with our Blood.
Secondly, There is an incapacity in the Papiſts, of Honour and the Immini-
ties of true Subjects, the royal Marks of diſtributive Juſtice, and a disfavoar
in the Commutative, which rail'd Strangers and Forreigncrs, whoſe valour'and
vertite was invincible, when the old Families of the Engliſh, and the Major part
of us the mcer Iriſh, ddi ſwim in blood to ſerve the Crown of Englands and
when Offices ſhould call Men ofworth, Men without Worth and merit obtain
them.
Thirdly, The Statute of the 2 Eliz. of force in this Kingdom againſt us and
they of our Religion, doth a little difanimate us and the reſt.
Fourthly, The
avoidance of Grants of our Lands and Liberties by Quirks
and Quiddities of the Law, without reflecting upon the Kings Royal and real
Intention for confirming our Eſtates, his Broad Seal being the pawn betwixt his
Majeſty and his people.
Fifthly,The reſtraint of purchaſe in the meer Iriſh of Lands in the Eſcheated
Counties, and the taint and blemiſh of them and their poſterities doth more
diſcontent them than that plantation Rule ; for they are brought to that. Exi-
gent of poverty in theſe late times, that they muſt be ſellers and not buyers of
Land.
And we conceive and humbly offer to your Lordſhips conſideration ( Prin-
cipiis obsta) that in the beginning of this Commotion, Your Lordſhip, as it is
hereditary for you, will be a Phyfitian to cure this Diſeaſe in us; and by our
Examples it will doubtleſs beget the like auſpicious fcuceſs in all other parts
of the Kingdom : For we are of opinion it is one ſickneſs and one pharmach
will ſuffice, Sublata caufa tollitur Effectus: And it will be recorded, that you
will do ſervice unto God, King, and Countrey; And for ſalving every the a-
forſáid Soars your Lordſhip is to be an humblo Suitor in our behalf, and of the
reſt of the Papiſts, that out of the abundance of his Majeſties Cleniency, there
may be an Ałt of Oblivion and general pardon without reſtitution or Account
of Gonds taken, in the time of this Commotion, a liberty of Qur Religion, a
repeal of all Statutes formerly made to the contrary, and not by Proclamation
but Parliamentary way: A Charter free Denizen in ample manner for meer
Iriſh : All which in ſucceeding Ages will prove an Union in all his Majeſties
Dominions inſtead of Diviſion, a Comfort in Defolation, and a Happineſs in
perpetuity for an eminent Calamity. And this being granted there will be
all things.. lua funt Cæfaris Cæfari, and Quis funt. Dei Deo. And it was by
the Poet written ( though he be prophane in other matters, yet in this ) pro-
phetically Diviſum Imperium cum Jove, Cæfar habet ; All which for this pre-
fent we to leave your Honourable Care: And we will, as we.ever did and do re-
main,
Your very humble and aſſured, ever to be Commanded,
+
Hugh mac Gillernow Farrall.
James Farrall.
Bryan Farrall.
Readagh Farrall.
Edmond mac Cael Farrall.
John Ferrall in Carbuy.
Garret Farrall.
Liſagh mac Conel Farrall.
Bryan mac Willian Farrall.
James mac Trig Farrall
, his Mark.
Morgan mac Carbry Farrall.
Donnagh mac Carbry Farrall.
Richard mac Conel Farrall.
William Mac Games Farrall.
James Farrali.
Taghna mac Rory Farrel.
Cormack mac Rory Farrall.
Carock mac Bryne Farrall.
John
I
900 An Impartial Collection of all the memorable Events
Fanuary, John mac Edmund Farrall. Redeagh mac Lifagh Farrall.
I 6.471.
John Fitrrall.
Connor Oge mac Connor Farrall.
Roger mac Bryne Farrall
. Edmond mac Connor Farrall.
Barnaby Farrall.
Cahel mac Bryne Farrall.
Before the Parliament broke up, the Popiſh Lords deputed the Lord,
Dillon to go into England, to carry over their Deſires to the King, and
to repreſent the Means, which they thought fitteſt for the ſuppreſſing
of the Rebellion, and he with the Lord Taaf imbarqued for England;
but by ſtreſs of Weather the Veſſel was driven into Scotland, and
they took their way by Land for London. But the Parliament having
notice of their coming, they were by Order of the Commons ſeized
upon, and brought up in ſafe Cuſtody, and all their Papers ſearched
and Examined: So unwilling it ſeems was the Faction; tharany Addreſs
ſhould be made to the King, or that any. Steps ſhould be made towards.
the reducing that Kingdom to his Majeſties Obedience, by any ſort of
Treaty or Accommodation.
By this procedure though they gained upon the good Opinion of the
People, whoſe favor they moſt induſtriouſly courted, and to whom no-
thing founded more pleaſant, then what ſeemed to expreſs a Hatred and
Deteſtation of the Iriſh Rebellion and Religion ; yer certainly was‘ir a
means of running the Rebels into fuch Extremities, as diſpair of Mercy
are wont to produce in thoſe, who have tranſgreſſed the Bounds of
Law and Duty, and know their Lives and Eſtates without it, to be for-
feited to Juſtice
But for the better underſtanding of this and ſome other Particulars,
the Reader may peruſe the following Extracts of ſome Letters from the
Board in Ireland, which I found among the old Papers of the Clerk of the
Parliaments Office.
:
Extract of a Letter of the Lords Juſtices and Council of Ireland,
to the Lord Lieutenant, dated the 25th of November, 1641.
Extra&t of di.
Vers Letters of
the Lords Ju-
to the Lord
Lieutenant
j
received the
He Rebels in the County of Wexford increaſing daily, have taken.
the Caſtles of Arickloe, Limbrick, the Lord Elmond's Houſe, and
ftices & Coun. Fort-Chicheſter, places of good Strength and Importance. Tke Rebels
cil of Ireland, alſo in the County of Wickloe have. laid Siege to his Majeſties Caſtle of
Wickloe ; thoſe in that Caſtle were in fight with them Teſterday, what
the iſſue is we yet hear not; and ſome of thoſe Rebels in the County of
6 of December Wickloe have dared to come within four Miles of this City, and ſwept
Girald, read away great droves of Cattle : And in both Counties, as well Wickloe as
Dec. 10. 1641. Wexford, all the Caſtles and Houſes of the Engliſh, with all their ſub-
ſtance are come into the hands of the Rebels, and the English with their
Wives and Children ſtrip'd naked, and baniſhed thence by their fury and
rage. The Rebels in the County of Longford do ſtill increaſe alſo, as well
in their Numbers as in their Violence.
The Ulſter Rebels are grown ſo ſtrong, as they have ſufficient Men to
leave behind them, in the places they have gotten Northward, and to
lay Siege to fome not yet taken, as Emiskillin in the County of Ferma-
nagh, and Agher in Tirone, and yet to come many thouſands to behiege
Drogheda, in view whereof within 3 or 4 Miles they have ſtood with
their Colours flying ſince Sunday the 21ſt of November, expecting more
Forces from Cavan and that way, to gird the Town sound about : They
have already taken Mellifont, the Lord Moor's Houſe, though with the
los!
PX
1
+
1
1 641.
1
from the Scotch Rebellion to the King's Mitrtber. goi
loſs of about 120 Men of theirs, and there (in cold blood) they-murdered, January,
Ten of thoſe that manfully defended that place.
4
We hear alſo that the whole County of Lowth, both Gèntry and others, u
are joyned with the Rebels, and that the Sheriff and John Bellew EST;
is likewiſe with them ; this County being one of the five of the Engliſh
Pale, having formerly ſtill been true to the Crown.
In the County of Meath alſo ( being the moſt conſiderable of the five)
all the Common People and many of tlie younger Sons of the Gentry be-
yond the River of Boyne, Twenty Miles from Dublin do either joyn with
the Rebels, or otherwiſe rob and Spoil the Engliſh Proteſtants till within
Six Miles of Dublin.
We ſent to Drogheda 1100 Foot, and 3 Troops of Horſe, and cauſed
Four other Foot Companies to be raiſed there ; and this day we ſend thi-
ther 600 Foot more, raw Men, and unexperienced, and another Troop of
Horſe : And we provide the beſt we may for the defence of this City,
yet most of the Men we have are not Trained nor Exerciſed, and many
of them are Iriſh, for others we have not ; and we fear that when we
come
to blows, many of thoſe will forſake their commanders, and ſide with
the Rebels, as they have done in the Counties of 'Cavan and Wickloe,
where of. Companies of 40 Men of our Soldiers, not above ſix or ſeven
ſtayed on our ſide, but took part with the Enemy. Our main indeavour is
to preſerve this City and Caſtle for his Majeſty.
The Rebels have now framed an Oath, which they Adminiſter to all
that joyn with them, the Copy whereof you have here incloſed, as it ivas
taken out of ſome Copies
ſcattered abroad for all Mens view.
To-conclude, we renew our Suit for our supplies of 100000.1. ix Mo-
ney, 10000 Foot and 1000 Horſe in preſent, and Arms and Munition
for them, and for the Stores and Places of Defence not yet loft ; and that
To much 'Money, Men and Arms as dre already gotten may be ſent onward,
and the reſt to be ſent after, and that tlie third part of the Shot be cal-
livers, and the other two parts baſtard Muskets, as more ſuiting with the
Service of this Kingdom; and if thoſe Supplies be not immediately ſent
away, the Kingdom will be in danger to be lost.
Extract of a Letter of the ſaid Lords Juſtices, and Council of the
26th of November, to the faid Lord Lieutenant.
>
W
1
e have received information, That the Lord Viſcount Dillon,
who Two Months ſince was admitted to be a Member of this
Board, and is now imployed by the Lords Houſe of Parliament here to
attend his Majeſty, carries along with him, or is to have ſent after him
Some Writing Signed by many Papiſts of the Nobility and Gentry of this
Kingdom';' which Writing, as we are Informed, contains a profeſſion of
Loyalty to his Majeſty, and an offer of themſelves by their power to re-
prieve' this Rebellion without Aids of Men from England; which if there
be any ſuch, his Lordſhip, though a Member of this Board, bath not com-
municated with us the Juſtices, who ought to be made ácquainted with
what may have Relation to the Safety of the Kingdom.
But if the Lord Dillon's Counſel áll tend any way to ſtay the Succours
intended to be ſent us out of England, or to entertain his Majeſty with
a belief, that thoſe here will raiſe fufficient Force to rédace this King-
dom; we bumibly beſeech leave to declare our Opiñons herein : That is,
that if our expected Succours from England be kept from us, undoubtedly
1
4
2
the
1
+
11
1
1
902 An Impartial Collection of all the memorable Events
January, the Engliſh and Proteſtants of this whole Kingdom will be either put to
I 641.
the Sword, or be forced to forſake the Kingdom, and the ſole Power and Sway
Win all Magiſtracy muſt neceſſarily fall into the hands of the Iriſhi, which
will at their own pleafare ſhake off the Government of England, and ſet
tip their Idolatrous Religión, and prove the moſt dangerous Enemies to
England.
We do confide fa much in the Wiſdom of His Majeſty, and the Par-
liament of England, and your Lordſhips prudent Conduct, of a matter fo
highly importing the State, as that they will not, to ſave a little charge,
expoſe bóth Kingdoms to ſuch Dangers, after tlie expence of ſo much Eng-
liſh Blood and Treaſure as hath been ſpent to gain this Kingdom, nor will
the charge be loſt in overcoming this Rebellion by the Wiſdom and Valour
of England, when it ſhall be abundantly recompenced, not only in the ſet-
tlement of a more firm Peace and Safety to England, but alſo in raiſing, a
greater and more conſiderable Revenue here to the Crown then formerlys
out of the Eſtates of the Authors of the miſchief.
The Rebels keep from us all Acceſſes to our Markets, to ſtarve us, as
they ſay, nor can we help it for want of Men to ſend abroad ſeveral ways :
So it will be abſolutely neceſſary, that the Magazine of Viètuals on the Eng-
liſh Sea-Coaſts on this ſide be fully ſtored with all ſpeed, that Supplies be
haftened hither to Dublin.
A Regiment of a 1000 Men raiſed in Munſter. by Colonel Garret Barry
for Spain, was commanded to Disband by the Lord Preſident, but they
continue ſtill as they were, increaſing in their numbers. We have not yet
ſufficient force to compel them, and it is doubted that he expects there
some. Arms from Foreign Parts, ſo as it appears neceſary that the Ship-
ping deſigned for guarding thoſe Coaſts be-haſtened away Speedily.
Extract of a Letter of the Lords Juſtices and Council, to the Lord
Lieutenant Dated the 27th of November, 1641.
W
N
E hear that ſome have given out, that our Dangers here are not ſo
great as we declare, which miſinformations, if they ſhould gain
credit there, might cauſe the leſſening or retarding our supplies, which
perhaps may be the aim of thoſe that have ſo miſinformed, if any can be
jo wicked ; and though we hope that ſuch reports cannot be of equal value
or eſtimation with the joynt repreſentations of this State, yet we crave
leave to declare, that the Rebellions, are ſuch and ſo great, as we have fof.
merly repreſented, and far more dangerous then Words can expreſs, and we
affirm, I hat if thoſe Supplyes come not speedily, the Darger will be found
far more lamentable to both Kingdoms, and we beſeech, that no Credit be
given to the contrary.
The Diſturbances are now grown to general, that in moſt Places, and even
round about this City within 4 Miles of us, not the open
Rebels of mere In
riſh, but the Natives Men, Women and Children joyn together and fall on
their Neighbours, that are Engliſh or Proteſtants, and Rob and Spoil them
of all they have, 'nor can we help it, for want of Men, Arms and Money, be-
ing fearful to ſeparate too farr, the little Strength we have here in Dublin,
lest we be beſieged, and yet we have bin neceſitated this Day, to ſend ſome
of thoſe we could hardly Spare,to deliver ſome of the King's Subječts in the
County of Wickloe,likewiſe to ſend ſome toDrogheda
for addition of Strength,
So as in the mean time we wiuft indurë thoſe publick Affronts to be put upon
1
1
9
KS.
Tet
#.
from the Scotch Rebellion to the King's Murther. 90.3
Tet if the icooo Foot, and 2000 Horſe which are to come from England, Fanuary,
and the iocoo Men, which are to come from Scotland, be jent us immedi. 1641.
ately with 200 thouſand Pounds in Money and Arms, to arm more Men
here, we conceive fome hope to overcome, even this next Summer, this Re-
bellion, with Honor to his Majeſty, and future ſafety to the Kingdom; but
if thoſe Succors be xot totally ſent but leſſened, then the War will be drawn
out into a length of time, which will be more troubleſom and chargeable to
England, and leſs comfortable to the good Subjects here.
We beſeech your Lordſhip to ſend ſome Ingineer, hither, as ſoon as cóna
veniently may be, we being bere in great want of ſuch.
We alſo pray, That the Shipping
intended for guarding theſe Coaſts, may
be haftned away, we finding great Cauſe of Doubt, by ſeveral Examinati-
ons taken, that the Rebels expect Aids from Forraign Parts, both of Men,
and Arms.
And laſtly, We beſeech your Lordſhip, that all Noblemen and Gentlemer,
who have Eſtates in this Kingdom, and are now in England, may be com-
manded away hither, to partake in the labor of Keeping, as they have bither.
to injoyed the Fruit of having thoſe Eſtates.
After the Prorogation of the Parliament, ſeveral Members of both-
Houſes were deputed by Commiſſion under the great Seal, and accord.”
ingly had Inſtructions from the Lords Juſtices to treat with the Rebels,
but their little Succeſſes, and the ill Deſtiny, which hung over their
Heads, rendred them ſo Inſolent, that thoſe Indeavors proved fruitleſs
and ineffectual to that Degree, that in Contempt and Disdain of the Of-
fers of Peace, they core the Order of Parliament, and the Letter that was
ſent unto them.
Matters growing every day more deſperate, the Lords Juſtices and
Council addreſſed themſelves to the Speaker of the Commons Houſe in
England, to preſs the performance of the neceſſary Relief, which had
been ſo often promiſed from thence. The Letter was in theſe Terms.
4
SIR,
He Advertiſements we have from the Lord Lieutenant of this King-a Letter from
dom, and
from you of the continued Care expreſſed by that Honora- the Lords Ju.
ble Houſe for the deliverance of this Kingdom, and his Majeſties faithful ftices and
Subječts therein, from the preſent Calamities under which we now groan, have Council to the
brought unto us great Comfort and inward Contentment: And therefore we Commons
crave leave to acknowledg with all Thankfulneſs, the great Wiſdom and Pie Houſe in Enz,
land, 27 Nov.
ty there in manifeſted by that Honorable Houſe, to the preſervation of God's 1641.
true Religion, the Glory of his Sacred Majeſty, the Honor of that Nati.
on,
and the prepetual Comfort of all his Majeſties faithful Subjects.
It yet remains that all poſſible Speed be uſed, in haftning, unto us the
Succors deſigned for us, leſt otherwiſe they come too late, to derive to this
Kingdom, the benefit intended them by that Honorable Houſe ; and ſo We
remain, From his Majeſties Caſtle of Dublin 27 November 1641.
La. Dublin,
. Dillon,
Adam Loftus,
Your very aſſured loving Friends,
William Parſons,
Fohn Borlaſe,
Ormond Ollory,
R. Dillon,
Ant. Midenſis,
Cha. Lambert,
Go. Shurley,
f. Temple,
Fa. Ware,
Robert Meredith.
Zzzzz
Whileft
Vol. II.
2
1
1
1
:
Earloformond
of the Army
in Ireland.
1.1
904 An Impartial Collection of all the memorable
Events
Fanuary,
Whileft the Rebels thus daily increaſed in Succeſs and conſequently in
I 41
ſtrength and Numbers, and that Supplies were very ſlowly, advanced in
England, and the Earl of Leiceſter deſigned by his Majeſty for that Go-
made Licure-vernmenımade no great haſt, the flowneſs of the Parliaments Prepara-
nant General |tions; indeed not permitting him, ito repair to that important, and now
dangerous and now troublesome Charge, he by the King's Approbation
made the Earl of Ormond Lieutenant General of the Army, and accordo
ingly ſent him a Commiſſion to that purpoſe. And doubtleſs both his
Quality and great Intereſt in that Nation, and a Fidelity to the Crown
of England, drawn down from ſo long a diſcent of Illylérious Anceſtors
of moſt approved Loyalty, as 'well as the particular eſteem which the
Wife and Noble Earl of Strafford, had entertained of his promiſing Me-
rits, gave his Majeſty a full Aſſurance and Satisfaction in that Choice,
which, as afterwards thoſe greater Truſts, which his Majeſty was pleaf-
ed to:confer: upon him, he diſcharged, with that extraordinary Pru-
dence, Courage and matchleſs Loyalty, as will for ever ſet his Reputa-
tion and Honar among the Chief of thoſe great Names, who have been
tranſmitted to Poſterity, both for their brave and Generous Actions,
and admirable Conſtancy in ſuffering all the Miſeries of an adverfe For-
tune rather than comply with ſuch terms ás might blemiſh and fully
their:Memories with the leaſt ſtain of diſloyalty or infidelity to their
Religion,Prince and Country, as :the Part which his Lordſhip had both
in the better and more ſiniſter Fontüne of his King and Country, will
inüthe Enſuing Hiſtory make moſt evident.
His: Lordſhip being veſted in this Command, made all the applicati-
on he was capable of, and the narrow Circumſtances of Affairs would
then admit, to put things into 'a Poſture to oppoſe the Rebels; and
accordingly Levies of Men were made at Dublin, and divers of the poor
people who from all parts came flocking thither for Sanctuary, being
diſpoiled by the Rebels, were formed into Companies and Regiments;
but they were a ſort of raw, unexperienced and diſpirited Men, and not
likely to prove good Souldiers in ſo ſhort a time, as the Event juſti-
fied.
For the Rebels under the Command of Şir. Phelim O Neal drawing
down towards Tredagh, upon which Place they had fixed their chief
Deſign, the Lords Juſtices upon Information from Sir Henry Tichburn
the Governor there, reſolved to ſend a re-inforcement to that Garri-
ſon, which was a Place of ſuch Importance, as that upon the preſer-
vation or loſs thereof depended in a great meaſure the Fate of the
whole Kingdom. · Accordingly 600 Foot under the Command of Ma-
jor Roper, and a Troop of Horſe under the command of Sir Patrick
Weames, were immediately ordered to March for Tredagh ; the very
day that they parted from Dublin, there was an Advertiſement brought
to the Board, that ſome of the Rebels Army was paſſed over the River
Boire, with an Intention to intercept them in their Paſſage; whereupon
the Earl of Ormond by Direction from the Council, diſpatched an Expreſs
to advertiſe them thereof; and from thence to paſs on to Tredagh, and
to give Sir Henry Tichbourn notice of the approach of this intended Re-
lief, and the Deſign of the Rebels, and to order him to take all poſſi-
ble Care of ſecuring their Paſſage. Which Sir Henry by the fame Mef-
ſenger gave his Lordſhip aſſurance, he would not fail to do, and accord-
ingly, that very Day he marched out with a conſiderable Party to meet
them; bụt theſe looſe and ill diſciplined Men, not uſed to Military Af-
fairs
1
4
-
6
-
F
!
7
.
1
from the Scorch Rebellion to the King's Murtber. 905
fairs, took up their Quarters at Batruby, eight Miles ſhort of Tredagh, | January,
by which means, he miſſed of joyning them that Night. The next ( 64 .
Day they continued their March, but in a diſorderly way, till they came a
to Julian's Town, where, the Rebels having notice from the Lord Gor- ing to felicese
The go
manſton, as Sir John Temple from Mr. Creightſton's Examination affirms, fredag de-
were drawn up to intercept them, and by reaſon of a Miſt which then feared.
fell, and through the negligence of the Scouts, who were ſent out to
give Intelligence they were got within Musket Shot of the Enemy, be-
fore they diſcovered them. The Major however drew them up preſently
into what Order he could, and they were in a Place of great advantage ;
but a Lieutenant unfortunately giving out the Word Counter-march;
and thereupon the Men facing about in ſome Diſorder, the Rebels gave
a hideous Shout and immediately charged them. Which with their own
fear unaccuſtomed to the dreadful Face of War, put them into ſuch
Confuſion, that they could not be perſuaded to make one Charge; but
throwing down their Arms they every Man fled, and gave the Rebels
an Eaſy, though conſidering the Number a bloody Victory, for of the
whole Party only Sir Patrick Weames with the Horſe, the Major and 2
Captains, with about 100 Men eſcaped to Tredagh, the other three
Captains with all the reſt of the Soldiers, except ſuch as were Iriſh, be-
ing there cut off
, and all the Arms, Ammunition and Carriages, being al-
ſo taken by the Rebels.
This unfortunate Blow, as it gave great incouragement to the Rebels,
ſo it did extremely deject the Spirits of the Engliſh and Proteſtants; but
to inliven them a little, Sir Charles Coot, who with a commanded Par-
ty was ſent out into the County of Wicklow, to repreſs the Inſolencies
of the Brins and Tooles, who ravaged that Country, committing many
Depredations and Murthers upon the Proteſtants, meeting with Luke
Toole with a thouſand Iriſh under his Command, he fet upon him, and
quickly routed them, obliging him and his Men, to take the Sanctuary
of an Iriſh Bogg for his Security. At Wicklow he cauſed ſome of thoſe
who were accuted of the Spoiles and Robberies therc, to be Executed,
which the Rebels,took for a Pretence to Revenge,by the Murder of many
Proteſtants, which fell into their Hands.
About this time there arrived 20000 l. in pieces of Eight, which went 20000 l. ar-
currant for 4d. more in a piece then in England, which was a very ſeaſo- rives ouçof
England.
nable Supply, and gave ſome Life and Spirit to the drooping Affairs
of the Proteſtants, and enabled the Government to carry on the Levies, The King
with which they were now in Hand: his Majeſty alſo, aſſiſted by the ſends Moný
Duke of Richmond, had cauſed ſuch Proportions of Arms and Ammuni-
tion, with all the Money he could ſpare, to be conveyed out of Scotland, Scotlandi
with Commiſſions to Sir Robert Steward, and other Perſons of Quality
in the North of Ireland, to give the Rebels a diverſion on that fide.
But the Rebels had ſet their Reſt upon the taking of Tredagh, and
therefore quitting the North, with the greateſt of their Forces, they
drew down towards that place. But in their March thither, Sir Phelimo
Neil and Sir Con Mac-gennis made an Attempt upon Liſnegaruy, where
Sir Arthur Terringham, who commanded a ſmall Party of 400 Foot,
and was aſſiſted by the Lord Conwayes, and part of Captain St. John's
Troop to the number of 380 Horſe, gave them ſuch warm Entertain- The Rebels
ment, that they were repulſed with confiderable loſs, both of Men and repulſed at
Reputation, leaving fix of their Colours, and many of their Rebellious Lilnegaray, by
Adherents ſlain upon the Place, without any conſiderable lofs on the ringbam.
Vol. II.
ZZZZZ 2
Proteſtants
and Arms to
Ireland from
I
Sir Arthur Tir:
906 An Impartial Colle&tion of all the memorable Events
January, | Proteſtants Side, more then of Captain Boid and
Captain St. John, who
1 6 4 1. fell in the Field of Honor, with ſome private Soldiers, and ſome few
others, who were wounded in the Incounter. And before they fate
down before Tredagh, a Party of 1300 Foot beſieged Mellifont the Lord
Moore's Houſe, where were only 24 Musketeers and 15 Horſe, who
bravely defended the Place, till their Ammunition was spent, and then
the Horſe ſetting open the Gate; made their way through the Enemy
in deſpight of their Oppoſition, and came ſafe to Tredagh, and the Foot
yielded upon Promiſe of fair Quarter, which was but ill kept by the
Rebels, who killed ſome of them in cold Blood, ſtripped the reſt and
Plundered the Houſe, carrying away whatſcever was of any Uſe or
Value.
And now the Lords and Gentlemen of the Pale ſeeing the Succeſs of
the Northern Rebels, and the little Force that was raiſed in Ireland, or
brought over from England to oppoſe them, began to falter in their
Loyalty alſo; and under the pretence of Fears and Jealouſies, the Com-
mon Ingredients of Rebellious Deſigns, to ſtand upon their Guard, and
to give too juſt Suſpitions to the Government, that they would rather
joyn with the Rebels then aſſiſt to the Suppreſſing them. The Lords.
Juſtices and Council therefore reſolving to try them, ſent this Letter to
them :
?
1
A Letter from
the Lords Ju-
ſtices and
A
the Pale.
Fter our very hearty Commendations to your Lordſhip, for as much
As we have preſent occaſion to confer with you , concerning the pre-
Council to the Tent State of the Kingdom, and the ſafety thereof in theſe times of danger;
Iriſh Lords of 'We Pray and require
your Lordſhip to be with us here on the 8th. day of
this Month, at which time, others of the Peers are alſo to be here. And
this being to no other end , we bid jour Lordſhip very heartily farewell.
From his Majeſties Caſtle of Dublin the third day of December, 1641.
Your very Loving Friends,
Will. Parſons. R. Dillon.
To our very good Lord, Jon. Borlaſe. Ad. Loftus.
George Earl of Kildare. Ormond Offery. Ge. Shirley
Ant. Midenſis. J. Temple.
Rob. Meredith.
1
1
1
4
The like Letters were the ſame day diſpatched to the Earl of Antrim,
Earl of Fingale , Viſcount Gormanſton, Viſcount Netervile , Viſcount
Fitz-William, Lord Trimbleſtone, Lord Dunſany, Lord Slane, Lord of
Hoath, Lord Lowth, Lord Lambert.
But the Lords of the Pale who had been already Treating with the
Northern Rebels, and therefore looked upon this as an artifice to enſnare
them, durſt not adventure themſelves to Dublin, but Summoning an
Aſſembly at the Hill of Tarah, the Lord Gormanſion brought thither an
Anſwer ready drawn, which being read, and approved of, was Signed
by the Lords preſent, and ſent away; the Copy whereof was as fol-
loweth:
,
1
May it pleaſe your Lordſhips,
The Anſwer of
W
E have received your Letters of the third of this Inſtant, inti-
mating that
had preſent occafons to confer with us, concern-
,
Dec.). 1641. ing the preſent State of the Kingdom, and the ſafety thereof in theſe times
the Lords of
the Pale to the
that you
:
:
11
1.641.
from tbe Scotch Rebellion to the King's Murther.
90
of danger, and requiring us to be with
you there on the eighth day of this In-| January,
St ant ; we give your Lordſhips to underſtand, that we have heretofore pre-
ſented our Jelves before your Lordſhips, and freely offered our advice and
furtherance towards the particulars aforeſaid, which was by you neglected,
which gave us cauſe to conceive that our Loyalty was ſuspected by you. Wé
give your Lordſhips further to underſtand, that we have received certain
Advertiſement, that Sir Charles Coot Knight, at the Council Board,
hath utiered ſome Speeches tending to a purpoſe and reſolution, to Execute
upon thoſe of our Religion a general Maſacre, by which we are all deter-
red to wait on your Lordſhips, not having any ſecurity for our ſafety from
theſe threatned Evils, or the ſafety of our Lives; but do rather think it
fit to ſtand upon our beſt guard until we hear from your Lordſhips how we
jhall be ſecured from theſe Perils. Nevertheleſs, we all proteſt that we
are and will continue both Faithful Adviſers, and reſolute furtherers of his
Majeſties ſervice, concerning the preſent State of the Kingdom, and the
Safety thereof, to our beſt Abilities : and ſo with the ſaid tender of our
humble ſervice, we remain,
Your Lordſhips humble Servants,
1
4
1
To the Right Honourable our
Fingale, Gormanſton,
very good Lords the Lords
Slaine, Dunfany,
Juſtices and Council of Ire-
Nettervill, Oliver,
land.
Lowth, Trimbleſton.
Decemb. 7. Received 11. 1641.
For much about this time the Lords of the Pale had eritered into a
Combination with the vlſter Rebels, as appears by the Depoſition of
Edward Dowdall Efq; a Gentleman of the Pale, who was preſentat the
whole Management of this Affair, and deeply concerned in all their
Councels and Actions, who Depoſed before Sir Rob. Meredith Chancel-
lour of the Exchequer, as followeth :
H
between the
Lords and
bels.
E Depoſeth, That ſome four or five days after the defeat of the The Depoſici-
Engliſh Souldiers at the Bridge of Gellianſtown, there Igued a dall concern-
Warrant from the Lord of Gormanſton to the Sheriff of the County, for a ing the Treaty
general Meeting of all the County of Dulick : But the Place of Meeting was
afterwards changed to the Hill of Crofty, where all the Lords and Gentry Gentlemen of
of the Country met, viz. The Earl of Fingale, the Lord Viſcount Gorman- the Pale
; and
ſton, the Lord of Slaine, the Lord of Lowth, the Lord of Dunſany, the
the úlfter Rc-
Lord of Trimbleſtone, the Lord Nettervile : And of the Gentry, Sif Pa-
trick Barnwall, Sir Chriſtopher Bellow, Patrick Barnwall of Kilbrew,
Nicholas Darcy of Plattin, James Bath of Acharn, Garret Ailmer the
Lawyer , Cuſake of Gormanſton, William Mallone of Leſmullin, Sed-
grave of Kileglan, Linch of the Knos, Lynam of Adamſtown, Laurence
Doudal of Athlumney, Nicholas Doudal of Brownſtown this Examinates
Brother, and him this Examinate with a Multitude of others, to the num-
ber of 1000. Perſons at the leaſt, whoſe names he this Examinate can-
mot for the preſent čall to mind. And after about two or three hours spent
upon the ſaid Hill of Crofty by the Lord's and Gentry aforeſaid: There
came towards them, Collonel Mahowne, Philip O Rely, Hugh Boy Rely,
Roger Moore, Hugh Birne, and Captain Fox, attended on with a Guard
of Muſqueteers : And this Examinate faith, That as ſoon as the Parties
drew!
#
1
1
'lg
1
L.
1
+
908 An Impartial Collection of all the memorable Events
January, drew near unto the ſaid Hill
, the Lords and Gentry of the Pale rode to-
1 6 4 1. wards them,and the Lord of Gormanſtone, being one of the firſt, Spake un-
to them, and demanded of them, Why, and for whai reaſon they came
Armed into the Pale; Unto which Roger Moore made preſent Anſiver,
That the Ground of their coming thither, and taking up Arms, was for the
Freedom and Liberty of their Conſciences, the maintenance of his Maje-
ſties Prerogative, in which they underſtood he was Abridged, and the
making the Subjets in this Kingdom as free as thoſe in England were :
Whereupon the
ſaid Lord of Gormonſton, deſired to underſtand from them
truly and faithfully, whether thoſe were not pretences, and not the true
ground indeed of their ſo doing, and likewiſe whether they had not ſome o-
ther private ends of their own ; which being by all denyed, upon profeſion
their fincerity, his Lordſhip the Lord Gormanſton then told them:
Seeing theſe be your true ends, we will likewiſe joyn with you therein: un-
to which courſe all agreed. And thereupon it was publickly and generally
declared, that whoſoever ſhould deny to joyn with them, or refuſe to allilt
them therein, they would account him as an Enemy, and to the utmoſt of
their Power labour. his Deſtruction. And this Examinate faith, That af-
ter the agreement ſo made as aforeſaid, There iſſued another Warrant to
the Sheriff of the County of Meath, to Summox all the Lords and Gentry of
the County of Meath, to be at the Hill of Taragh about a week after; and
accordingly there met at the ſame place the Earl of Fingale, the Lord
of Gormanſton, and the reſt of the Lords and Gentlemen aforenamed, to-
gether with Sir Thomas Nugent, and Nicholas Plunket the Lawyer, Bir-
ford the Lawyer, and a multitude of others; and the work of that day was
firſt to make anſwer to a Summons made by the State for the calling of the
Lords unto Dublin ; which Anſwer was brought ready drawn by the Lord
of Gormanſton, and preſented by his Lordſhip, and being peruſed by the
Said Council at Law, was Signed by the Lords.
The Board having Information that Luke Netterville Eſquire, George
Blackney of Richenhore Eſquire, George King of Clantarf, and others,
were Aſſembled at Swoords, they ſent to charge them upon their Alle-
giance forrhwith to depart and not to unite any more in ſuch a manner,
as by the following Order from the Board appears.
By the Lords Juſtices and Council.
William Parſons,
John Borlaſe.
Hereas we have received Information, that Luke Nettervile Eſq;
George Blackney of Rickenhore Eſq; and George King of Clan-
Council to dir tarfe Gentleman ; and other Gentlemen of the County of Dublin, with
Lawen Allemagreat numbers of Men, are Aſſembled together in a Body at Swoords and
bly at Swoords, thereabouts, within ſix Miles of this city, for what intent we know not ,
Déc. 9. 1641. but apparently to the Terror of his Majeſties good Subje&ts; and though
conſidering the unſeaſonablenėjs of this time, choſen for ſuch an act without
our privity (whatſoever their pretence is ) a conſtruction might be made
thereof to their diſadvantage ; yet we being willing to make an Indulgent
Interpretation of their Actions, in regard of the good opinion we have of
the Loyalty of thoſe Gentlemen, who ( it ſeems) are principals amongjt
them in that Aſembly, and conceiving there may be fome miſtaking in that
enterpriſe; we have choſen the rather bereby to charge the ſaid Luke Net-
terville,
+
.
1
An Order of
the Lords Ju-
ftices and
W
1
1
1
from the Scotch Rebellion to the King's Mürther.
999
tervile, Blackney, King, and all the Perſons there Aſſembled with them, | January,
upon their duties of Allegiance to his Majeſty, immédiately upon light 1.641.
hereof to ſeparate, and not to unite any more in that manner without diré-
Etion from us : and that the ſaid Netervile, Blackney, King, and ſix o-
thers of the Principal Perſóns, of thoſe who are ſo Aſembled at Swoords
,
or thereabouts as aforeſaid , do appear before us to morrow morning at ten
of the Clock, to sew the cauſe of their Aſſembling in that manner, where-
of they may not fail at their extream Perils. Given at his Majeſties Caftte
of Dublin, 9. Decembs 1641.
Ormond Oſſery; T: Temple,
Rob. Dillon,
Charles Coot:
Cha. Lambart,
1
i
1
But inſtead of Obedience to the Commands of their Lawful Superiors
they returned this Anſwer ; That they were conſtrained to meet there
together for the ſafety of their Lives ; That they were put into ſo great
a Terror by the riſing out of some Horſe Troops and Foot Companies at
Dublin, who Killed four Catholicks, for no other reaſon than that they bore
the name of that Religion, as they durft not ſtay in their Houſes; and there-
fore they reſolved to continue together , till they were allured by their
Lordſhips of the ſafety of their Lives, before they ran the hazard therea
of, by manifeſting their due obedience to their Lordſhips. And there they
began to form a kind of an Army, Conſtituting Richard Golding, Thou
mas-Ruſſell; Francis Rufill
, Robert Travers, Chriſtopher Hollywood and
others, to be Captains over ſuch Men as they had, and intended to
Raiſe.
Hereupon the Lords Juſtices and Council Publiſhed a Proclamation
the 13th. of December, Declaring their Innocency, and that thoſe four
they alledged were killed as Papiſts, one of which was a Proteſtant, were
ſuch as were found actually Guilty of Rebellious Courſes; commanding
them upon their Allegiance to his Majeſty, to ſeparate upon ſight of their
Warrant, and that the ſaid Luke Netterville and his Accomplices ſhould
appear
before the Board on the 18th. of the ſaid Month, to the end they
may be fully heard by the Lords Juſtices and Council, to which end
their Lordſhips thereby gave them and every of them, the Word of the
State, that they might then ſecurely and ſafely repair thither, without
danger of any trouble or ſtay whatſoever.
But they took little notice of theſe Commands, or Promiſes, but con-
tinued ſtill at Swoords, and their Numbers increaſing, they threatned to
come and Incamp at Clantarfe, a little Village Situate upon the very
Harbor of Dublin, where ſome of their Party had already at low Water
Seized and Plundred a Barque lying there, carrying a great part of the
Goods they took from Aboard her, to the dwelling Houſe of Mr. King,
who was owner of that Village. This inſolent and daring Villany, put
the Board upon a very quick and ſevere Reſolution, fearing that if they
ſhould in good earneſt Seize upon that Village, and make any Fortifica-
tions there, by the Aſſiſtance of the Rebels Ships at Wexford, they
might ſtop up the Haven of Dublin, and prevent all Relief from coming
to them froin England, which was the only Remainder of hopes which
they had left
. And therefore the ſaid King continuing in his Contumacy
with the other Gentlemen at Swoords, an Order of Councel was Il-
ſued to Proſecute the Rebels at Clantarf, and their Relievers, as follows :
By
1
!
*
--
1 641.
1
Order of the
Lords Juſtices
and Council
1641.
4
1
910 An Impartial Collection of all the memorable Events
Fanuary;
By the Lords Juſtices and Council
.
William Parſons.
John Borlaſe.
Ordfmuch as divers of the Inhabitants of Clantarfe, Raheny. and Kil-
barrock, have declared themſelves Rebels, and having Robbed and
for proſecu. Spoiled some of his Majeſties good Subjects, are now aſſembled thereabouts
ting the Rebels in Arms in great Numbers, Muſtering and Training of their Rebellious
&c. 14th. Dec. Multitades, to the Terror and-Danger of his Majeſties good Subjects as well
at Land as at Sea, which their boldneſs is acted in ſuch a manner , as to
put Scorms and Affronts upon this State and Government, they acting ſuch
Depredations even before our Faces, and in our own View, as it were in
deſpig ut of us. It is therefore Ordered, that our very good Lord the Earl
of Ormond and Offery, Lieutenant General of the Army, do forthwith
Jend.out a Party of Souldiers of Horſe and Foot, to fall upon thoſe Rebels
at Clantarfe, and thereabout, who in ſuch diſdainful manner Stand to out-
face and dare #s; and to endeavour to cut them off, as well for Puniſhment
of them, as Terror to others, and, to Burn and Spoyl the Rebels Houſes
and Goods, and to prevent their further annoying of the Shipping going out
And coming in, and lying in Harbour ; thoſe souldiers are to bring up or
caufe-to be brought up to the new Crane at Dublin, ſuch of the Boats and
Vellels now lying there as they can upon the ſudden, and to Burn, Spoyl,Sink,
and niake unſerviceable the reſt. Giver at his Majeſties Caſtle of Dublin,
14th. December, 1641.
Ormond Offery,
J. Temple,
... Rob. Dillon, Cha. Coote,
Cha. Lambart, Fr. Willoughby.
Ad. Loftus,
Alſo the ſame day an Order was Iſſued from the Board for Profecut-
ing the Rebels at Swoords, as followeth.
By the Lords Juſtices and Council
,
William Parſons.
John Borlafe.
Hereas divers Rebels lately Aſembled at Swoords and other
Places, where they continued in Warlike manner, braving this
cil for proſe State, and Robing and Spoyling his Majeſties Good Subjects thereabouts,
cuting the Rein Scorn and Contempt of this Government, and Terror of his Majeſties
well affected Subjects thereabouts : And whereas thoſe Rebels have been
Swoords, Dec. barboured and relieved by the Inhabitants of Swoords, and other Places,
1401. 1641.
who have lhewed ſo much readineſs to comply with them, and good affection
towards them, as they did not in all the time they continued there ſend us
any Advertiſement thereof; or of the Number or Strength of the Rebels ,
whereby we might take a courſe to Vindicate his Majeſties Honour in this
State and Government, from the Scorn and Affront of the Rebels, and rena
der deliverance and safety to his Majeſties good Subjects. It is therefore
Orderėd, That our very good Lord, the Earl of Ormond and Offery,
Lieutenant General of his Majeſties Army, do forthwith ſend out a Party
of his Majeſties Forces Horſe and Foot , to fall upon thoſe Rebels, and
their faid Relievers, and Harbourers, and to cut them off, and as well for
Puniſh-
1
An Order of
the Lords Ju-
ſtices & Coun-
W
bels and their
Relievers at
..
1
1
1
1
1
from the Scotch Rebellion to the King's Murther. 911
Puniſhment of thoſe their Relievers , as for Terror to others, to Burn, Fanuary,
Spoyi, and Deſtroy the Houſes, Corň, and all other. Goods of the ſaid 164 1.
Relievers at Swoords, or other places where the Rebels have been or are
Relieved. Given at his Majeſties Caſtle of Dublin, the żoth. day of
December, 1641.
Ormond Ollery, Cha. Coote,
Chà. Lambart,
Fr. Willoughby;
Ad. Loftus,
Ja. Ware.
Jo. Temple, Rob. Meredith.
And accordingly
, tlie next day Sir Charles Coot with a Commanded
Party, went to Clantarfe and ſet the Village on Fire , Burning their
Boats and Houſes, ſo that they were diſabled from making that Place a
Neſt of Pyrats, and from giving Diſturbance to the Haven of Dublin as
was feared.
Of theſe Occurrances and the Deplorable condition to which they
were then reduced, being on all hands Surrounded with Arms aud Dan-
gers,
and ill-aſſured of the Fidelity of the Inhabitants of the City of Dub-
lin; the Board gave a large account to the Earl of Leiceſter, Lord Licu-
tenant of Ireland, in this enſuing Letter.
May it pleaſe your Lordſhip;
Y
B
your Letters of the third of December, we made known to your Lordhip, A Letter from
that Mr. Hawtrige was theri newly arrived with the Treaſure fent us from
the Lords Ju.
fices & Couga
thence, which came but to fixteen thouſand five hundred fourſcore and all, to the Lo.
ten pounds, a ſupply of Treaſure far ſhort of that which is now become necef-Licutenant of
ſary to perform any conſiderable ſervice here againſt the Rebels, whoſe num- Ireland, Dec.
bers are increaſed wonderfully, inſomuch as the Forces they have about Droga 145b. 1641.
heda on all ſides it, and between Drogheda and this place, reaching even within
four miles of this City, are upon very credible report, 'conceived to be above
twenty thouſand men, and beſides thoſe numbers who are ſo united between
this and Drogheda and thereabouts, there are many thouſands of them diſper-
fed the whole Kingdom over ; for the meaner ſort of people firſt riſe general-
ly, and then thoſe of better quality follow after : and the fire which was firſt
kindled in Ulſter, and lay a while ſmothered in other parts, begins now to break
out fo generally, as the defection now appears to be univerſal throughout the
whole four Provinces ; ſo ſtrangely rooted was the combination, and thae
ſtrengthned under the ſpecious ſhew of a War for Religion ; for although be-
fore and ſince the Caution we had from your Lordſhip, We have on our part en-
deavoured not to give any apprehenſion to the Iriſh, that England doth intend
to make it a War of Religion, yet as we formerly made known to your Lord-
ſhip the Rebels labour mainly to have it ſo underſtood. Nay, they now go fo
far as they call themſelves generally the Catholick Army, a Title which hath
drawn many thouſands to their party, and yet many joyned with them for no
other reaſon than becauſe they law, our Succours expected forth of England and
Scotland deferred; they rightly judging, that without thoſe Succours, we are
not able to defend them our ſelves; and indeed until thoſe Succours come they
muſt and will ſtill encreaſe ; but if our men and arms were once arrived, the
very countenance of their coming would draw many from them to us, and give
ſtop to the fury, with which they yet carry all before them whither ſớever they
They continue their rage and malignity againſt the Engliſh and Proteſtants,
who if they leave their goods or cattel for more fafety with any Papiſts, thoſe
and
are called out by the Rebels, and the Papiſts goods and cattel left behind
now upon ſome new Councils taken by them, they have added to their fórmer,
a farther degree of cruelty, even of the higheſt nature, which is to proclaim,
That if any Iriſh ſhall harbour or relieve any Engliſh, that be ſuffered tô ef-
Vol. II.
Аааааа
conie.
3
capel
f
+
1
1
912 An Impartial Collection of all the memorable Events
Fanuary.
2
I 6 41.
ſcape them with his life, that it ſhall be penal even to death to ſuch Iriſlı
and ſo they will be ſure though they put not thoſe Engliſh actually to the Sword,
yet they do as certainly and with more cruelty cut them off that way, than if
they had done it by the Sword ; and they profeſs they will never give over un-
til they leave not any feed of an Engliſh-man in Ireland.
Nor is their malice toward the Englija expreſſed only ſo, but further even to
the Beaſts of their fields, and improvements of their hands, for they deſtroy all
Cattel of Engliſh brced, and declare openly, that their reaſon is, becauſe they
are Engliſh; ſo great is their hatred, not only to the perſons of the Engliſh, but
alſo to every ſpecies of that Nation; and they deſtroy all improvements made
by the Engliſh, and lay waſte the Habitations.
We formerly ſignified to your Lordſhip, that to take away all jealouſie from
the Papiſts of the Engliſh Pale, we would furniſh then with ſome Arms, and
the rather becauſe we well know that in the laſt great Rebellion in Ireland, the
Engliſh Pale ſtood firm to the Crown of England; and that the Rebel Tyrone in
the height of his power and greatneſs, was never able to get into the Pále with
his Forces, whileft he was in Rebellion; and upon this occaſion, the Noblemen
and Gentlemen of the Pale, making deep profeſſions of their Loyalty to His
Majeſty; in imitation of their Anceſtors, and with expreſſions ſeeming to abhor
the Contrivers of this Rebellion here, againſt whom they offered their power
and ſtrength, ſo as they might have Arms; and we being well allured, that if
we could gain their concurrenee with us, it would much facilitate our work ;
we did at their.earneſt fuit illue for them Arms for one thoufand feven hundred
men, wherewith divers Companies were armed by them, and ſome of themſelves
were appointed Governors of the Forces of the Counties, and Captains of their
Companies; but ſo many of thoſe Companies revolted to the Rebels, and carryed
awayètheir Árms with them, as we have recovered back but nine hundred and
fifty Arms ;. ſo as thoſe whoſe Loyalty we had reaſon to expect would help us,
are now thorough their diſloyalty turned againſt us, and are ſtrengthned with
our own Arms and without all queſtion, if thoſe of the Engliſh
) Pale had done
their parts as became good Subjects with their Arms they had from us,arid thofe
they might gather amongſt themſelves, they might with our help not only have
defended the Pale, againſt the Rebels, but might alſo have prevented the ruin
and deſtruction, wrought by their Tenants and Neighbours on the poor Eng-
tifla and Proteſtants among them; for the Noblemen and Gentry ſate ſtill and
looked on, whileft the Engliſla and Proteſtants were ruined before their faces ;
the Papiſts in the mean time remaining ſecure, without the loſs of goods, or
any thing elſe.
When we ſaw the power and ſtrength of the Rebels ſtill growing upon us more
and more, and approaching by degrees more near to us and the Engliſh and Pro-
teſtants robbed and ſpoiled even within two miles of this City, in diſdain and
affront of this state, which are ſcorns of fo high a nature as we could not
endure, if we had ſtrength ſufficient to repreſs their inſolencies; and when we
obſerved the retarding of our Succours of Men and Arms from England or
Scotland, neither of both Succours being yet come, nor as we heard ſo much as
in view there or in Scotland; and when we found apparently that for want of
thoſe ſupplies, we became in a manner fo contemptible, as we were in danger
to be ſet upon for taking from us this City and Caſtle before our aids ſhould
come, we bethought us of all the means we could of gaining time, being confi-
dent that we cannot be ſo deſerted by the State of England, but that ſome ſup-
plies may yet come unto' us : And therefore on the third of December, we direct-
ed our Letters to divers of the Nobility of the Kingdom who were neareſt to
us, and moſt of them being of the Englijls Pale, to be with us here on the eighth
day of this Month, that we might confer with them concerning the preſent ſtate
of the Kingdom ; and we hoped by their help, to handle the matter ſo as we
might gain a few days time before our ſurpriſàl here, by which time in all like-
lihood our Succours might arrive, although it be boldly given out by the Rebels,
that we ſhall have no Succours from thence; which they divulge to embolden
their party, and to ſtrike terror and diſcouragement into the well-affected,
amongſt whom there are many fo weak, as to apprehend from thence too much
fear, whereby many are fled the Kingdom:
On
1
)
1
I
1
from the Scotch Rebellion to the King's Murther. 905
Fantary,
| 641.
1
On the eighth day of the Month, the Earl of Kildare, tlie Lord Viſcount
Fitz Williams, and the Lord Baron of Houth came unto us, but the reſt of the
Noblemen not coming deferred our conference, and on the eleventh day of this
Month we received Letters from ſeven of them, namely, the Earl of Fingele
;
the Lord Viſcount Gormanſton, the Lord Viſcount Nettervile, and the Lords
of Slaine, Trimbleſtone, Diinſany and Lomih, dated the ſeventh day of this
Month, and ſigned by them, pretending a fear of a Maflacre on thoſe of their
Religion, and that therefore they are deterred, to wait on us, but do rather
think it fit to ſtand upon their guard ; and how that reſolution of theirs may
ſtand with the Loyalty they profeſs, we humbly ſubmit to your Majeſties Ex-
cellent Judgment, for whoſe Royal View we ſend you here incloſed, a Copy of
their faid Letters.
When we received thoſe Letters, we did admire whence their fears of com-
ing to us ſhould ariſe; but afterwards we heard that they had been in conful-
tation with the Rebels, which alſo as to moſt of them is confirmed by the en-
cloſed Examination of Chriſtopher Hampton, and indeed we know no cauſe of
fear ; they have of us, unleſs their own guilts begot in them the fear they pre-
tend'; and they ſpare not though unjuſtly to charge us with a neglech of
their advices; whereas not one of them to this Houſe offered to us any advice
or real aſſiſtance towards Pacification of theſe troubles.
It became then publick ( 110r could we keep ſecret that which they had pub-
liſhed to others ) that thoſe Noblemen ſo far lided with the Rebels as they now-
ſtood on their guard ; wetherefore adjudged it fit for vindicanidg the State
from the aſperſion which we found ſo publickly endeavoured to be laid upon
us, to publiſh the encloſed Proclamation, as well to ſatisfie the world as thoſe
Noblemen, who certainly are abundantly ſatisfied in their own ſecret thoughts
that we never intended to Maſſac re them or any other; that bcing a thing
which we and all good Proteſtants do much abhor, whatever the practice of
their Religion is, and hath been found to be by woful experience in other
parts ,whereof we confeſs we are now in great danger, if our long expected
Succours come not the ſooner to us; and it may be gathered from that unex-
ampled Tyranny which the Rebels have already exerciſed towards thoſe of our
Nation and Religion, who fell into their hands, what we for our parts may
expect from them ; but the diſhonour and ſhame which may reflect upon the
Engliſh Nation by expoſing this State and Kingdom to ſo apparent ruin, and
with it the extirpation of Gods true Religion, afflicts us more than the loſs of
our own lives and fortunes,when all might be ſaved by ſending ſeaſonably thoſe
Succours.
We lately received Letters from the Lady Ofaly, and a Letter containing
moſt inſolent Menaces incloſed therein, ſent her from the Rebels, to which ſhe
ſent them a Noble Anſiver, Copies whereof we ſend here incloſed.
One of the Rebels ftiling himſelf Chaplain Major and Overſeer of the Coaſts
and Harbours, lately ſent a Summons in a proud and vaunting manner, to one
Edward Leech, that was entruſted to keep the Iſland of Lambay, requiring the
delivery up of that Iſand to the Rebels, which being done, he gave Leech a Paſs,
wherein he ſtiles the Rebels Forces the Catholick Army: A Copy of which
Summons and Paſs we ſend your Lordſhip here incloſed ; and Leech told us
that that mighty Chaplain declared openly to him, That he was Plotter of this
Rebellion, That he had ſpent in Travel and Proſecution of that deſign beyond
Scas four thouſand pound; and that all the Kings in Chriſtendom, ex-
cepting the King of England, and the King of Denmark, have hands in this
bulineſs.
A Caſtle in the Town of Longford, held by the Englife, who ſtood out a while
againſt the Rebels, being in the end through want of vičtuals neceſſitated to be
rendered up to them upon promiſe of quarter, a Popiſ Prieſt ſtanding with his
Skean in his hand, watching for the coming forth of a Miniſter then amongſt the
Engliſh did by thruſting that Skean into the Miniſters guts, and ripping up his
belly, give that as a ſignal to the Rebels, for falling upon the reſt of the Engliſlı,
which they did accordingly as ſoon as the Miniſter was murdered killing ſome,
and hanging the reſt molt perfidiouſly.
On the ninth of this Month we received advertiſement, that great numbers of
Vol. II.
Аааааа 2
Men
1
1
914 An Impartial Collection of all the memorable Events
Janitary, men were gathered together in Warlike manner at Swoords in the County of
I 641.
Dublin within ſix Miles of us, they having the Army of the Rebels behind them
on this fide Drogheda, whereupon we then immediately ſent out our Warrant,
commanding them to diſperſe: A Copy whereof we ſend your Lordſhip here
incloſed, which was not obeyed; but a Letter ſent us from Luke Netterville
Son to the Lord Viſcount Netterville and others of them ; A Copy whereof we
likewiſe ſend here incloſed; whereupon ive publiſhed the incloſed Manifeſt, for
vindicating this State from their aſperſions alſo: And it is obſervable, that thoſe
Gentlemen at Swoords, could even on that very Tueſday Night, wherein they
alledge they were ſo affrighted at their Houſes, aſſemble twelve hundred Men
together in that Moment of time, to have in readineſs againſt any Attempt from
the State; whereas for many Days before, they could ſit ſtill and look on, whilſt
an Army of the Enemy lay behind them, betwixt them and Drogheda, and whilſt
ſome of them openly declared Rebels, and many of their Neighbours, who
doubtleſs hold underhand Intelligence with the Rebels, robbed and ſpoiled the
Engliſh on all Parts round about them; and yet thoſe Gentlemen could not in
all that time be either ſo affrighted by the Rebels, or ſo compaſſionate of their
poor Engliſh Neighbours, as to aſſemble any men for the defence of themſelves,
or thoſe their poor Engliſl, Neighbours; and certainly thoſe Gentlemen might
have been as believing in this State, who have always uſed lenity and mildneſs
towards them, as in the Forces of the Rebels which lie ſo near behind them,
and who they know have murdered many of His Majeſties good and innocent
Subjects, and for ought they know (if there were not ſecret intelligence be-
tween them ) might have uſed them alſo in like manner.
But the truth is, we conceive thoſe Gentlemen had a mind to joyn with the
Rebels
, and do now take up pretences to cover their diſloyalty, and caſt Scandal
on this Government.
The
Rebels in the Pale, as in other Parts,have cauſed Maſſes to be faid openly
in the Churches, expelled the Miniſters from Officiating in their, Churches, and
forced divers perſons for ſaving their Lives and Goods to become Papiji's; open-
ly profeſſing that no Proteſtant ſhall be ſuffered to live in Ireland; and whilſt they
li infülç thus over all the Engliſh and Proteſtants, deſtroying them for no other.
reaſon, but for that they are Proteſtants and Engliſh, we let fall nothing againft
them touching Religion, and yet they feign things againſt us, tending that way,
to give ſome colour to their cruel proceedings.
The Rebels of the County of Kildare have taken the Naas and Kildare in the
County of Kildare. The Rebels of Meath have taken Trim, and Aſhboy in the
County of Meath, and divers other places : The Rebels of the County of Dublin,
have poſſeſſed Swoords and Rathcoole, and ſpoyled all the Engliſh and Proteſtants
even to the Gates of Dublin; and now about Fifteen hundred of the Rebels of
Wiclow are in and about Power ſcait, and about Ten miles from this City : There
are alſo between this and the Naas within fix or ſeven miles of us, a Thouſand
of the Rebels of Kildare, and the Borders of Wiclow and Dublin, ſo as we are in
this Cicy invironed by them on all ſides by Land, and they begin to ſtop accelles
to us by Sea ; for the Fiſher-men on the Sea-Coafts being all Iriſla and Papiſts
Inhabitants in the Pale, break out alſo into Rebellion with the Multitude, and
have robbed, ſpoiled and pillaged even within the Bay of Dublin ſeveral Barks
coming hither forth of England. And if to revenge this Villany on the Fiſher-
men at Clantarfe and thereabouts, ſo near us, we fend forth a.Party of Souldiers
to burn and ſpoil thoſe Rebels Houſes and Corn, the Gentlemen of the Pale wil
immediately take new offence; but that we will adventure upon : for now there
is no dalliance with them, who fo far declare themſelves againſt the State, not
caring what Scorns are put upon the Government ; wherein is obſervable. That
the Landlord of Clantarfe is one of thoſe Gentlemen riſen in Arms at Swoords.
Your Lordſhip now ſees not only the neceſſity of haſtening with all poſſible
ſpeed our Succours of Men
and Arms both out of England and Scotland, in greater
Numbers than thoſe at firſt deſigned, ſeeing the breach appears to be far grea-
ter, and the defection more general than at firſt was conceived; and yet to as
ſuch of them as are ready be not forced to ſtay for the reſt, but that thoſe may
be ſo ordered as to come after; for no fleſh can imagine, unleſs they ſaw it as
we do, the greatneſs of our danger, who are but a handful in compariſon of the
multitudes
moto
1
-
1
1
I
from the Scotch Rebellion to the King's Murther. i$
multitudes riſen againſt us : And we deſire that the Ten thouſand deſigned to
Fanuary,
come from Scotland, may be wholly ſent away,as well the Five thouſand intended
to be left there in readineſs as the reſt, with direction to land as near Dublin 641.
as they may, and whereſoever they Land to March to Dublin, if poſſibly
they can; And to ſend away with all ſpeed the Ships appointed for guarding
theſe Coaſts, is alſo very neceſſary to be haſtned, and that cwo or three Ships of
good Strength follow after : doubtleſs theſe Rebels expect a very greatSupply of
Arms and Munition from Foreign Parts, either Spain or France.
And although out of the fore light we had of this extremity ſince theſe Tiou-
bles began, we have endeavoured to get in ſome Proviſions of Victual and Corn,
yet we have not been able to provide our ſelves fufficiently to ſtand out any long
Siege; nor can we now get in any more, our Markets being almoſt taken away,
and the Strength of the Rebels ſurrounding us ſo as we can fetch in no more Pro-
viſions; wherefore we beſeech your Lordſhip, that the Magazines of Victuals
deſigned to be ſettled on that lide, may be ſettled with all ſpeed, if it be not
done already, whereby we and the Succours we expect, may not be in diſtreſs of
Victuals for our felves or them, or Oats for our Horſes. Our want of Victuals
is the more, in reſpect of the daily acceſs of the Engliſh [poyled in the Country.
The neceſſity of the defence of the Province of Afunfter, required the imme-
diate raiſing of a Regiment of Foot conſiſting of One thouſand Men, and two
Troops of Horſe of Threeſcore each Troop, which Threeſcore we appointed the
Lord Preſident to raiſe, and for the payment and arming of them, we humbly
adviſe, feeing we cannot do it, That Money and Arms be ſent from thence to
roughall
, with a further Supply of Arms and Munition for the Stores in that Pro-
vince now much wanting there.
And as the Rebels which have beſet us and this City on all ſides by Land, do
threaten to cut off our Market at Dublin, which we begin to feel already: ſo they
boldly declare, That they will within a day or two cut off the Water-Courſe
which brings water to this City and Caſtle; and that done, That their Multitudes
will immediately burn our Suburbs, and beſiege our Walls; which we confeſs
we yet want Strength to defend, and muſt want till our Supplies come forth of
England or Scotland, or both: for here we have but about Three thouſand men,
the reſt of the Old Companies being diſperfed in ſeveral needful Garriſons in
the Countrey, (excepting Seven Companies of them ſurprized, and cut off by the
Rebels at their firſt Riſing in Ulſter and other parts) and about Two hundred
Horſe, by pole of the Old Army, whereof many are Irifli: ſo as conſidering the
ſpaciouſneſs of this City and Suburbs to be defended, the imalneſs of our num-
ber to defend them and the great numbers of Papiſts Inhabitants in this City and
Suburbs; and laſtly, the very great Numbers of the Rebels, who are ſo ſtrong as
to approach this City with many Thouſands, and yet leave many Thouſands alſo
at the Siege of Drogheda, we cannot expect to be able to defend this City for any
long time againſt them, without the arrival of our expected Succours.
The Earl of Caſtle. Haven on the Tenth of this Month, preſented at this Board
the incloſed Oath tendered unto him by the Rebels to be ſworn by him, which
he faith he refuſed to ſwear, and we hear they ſend it to all Parts to be tendered
to the people, preſſing them to take the Sacrament thereupon.
We did lately, in hope to gain ſome time until our Supplies might come, liſten
to an Offer made by ſome Popiſh Prieſts to go to the Rebels and Treat with them,
as you may perceive by the incloſed : But ſince we find there is little hope of it;
for ſome of the Prieſts are returned, nothing being wrought thereby.
However it is fit your Lordſhip ſhould know what we do; we muſt now crave
leave to declare to your Lordſhip, That things being riſen here to this height,
threatning not only the ſhaking of the Government, but the loſs of the Kingdom,
as the Supplies of Men, Arms and more Treaſure, are of great neceſſity to be haft-
ned away hither; ſo is it alſo needful that we enjoy your Lordſhips preſence
here, for the conduct in your own perſon of the great and important Affairs of
this State, as well in the Martial as in the Civil Government, which do neceſſa-
rily require it in this time of great imminent danger, wherein fo far as we may
be able to contribute any aſſiſtance with you, we ſhall be ready to diſcharge our
duties therein, with that loyalty
and uprightneſs of heart which we owe to his
Majeſty, and the particular reſpect due from us to your Lordſhip; but we hope
you
+
1
.t
t
r
908 An Impartial Collection of all the memorable Events
January, you will bring that ſtrength with you, which may befit the greatneſs of the King
1 641.
our Maſter to ſend with his Lieutenant againſt ſo numerous Enemies as theſe Re-
bels are become, as well for the Honour of his Majeſty, as for the terror of thoſe
Rebels.
By what we have heretofore and now humbly repreſented to your Lordſhip,
you may in part ſee the greatneſs of the publick danger wherein this Kingdom now
ſtands, and particularly this City and Caſtle, the principal piece thereof, that if
thoſe be loft, (which we now again aſſure your Lordſhip, were never in fo great
peril to be loſt ſince the firſt Conqueſt of this Kingdom by the Crown of England)
the whole Kingdom muſt quickly follow; that the danger which muſt thereupon
ariſe to the Kingdom of England, is very great in many Reſpects. There is no
poſſibility to prevent thoſe Evils with Honor and Safety to England, but by Suc-
cors from thence or Scotland, or both ; and that if thoſe Succors come not ſpee-
dily, it cannot be avoided but the Kingdom muſt be loft.
And if notwithſtanding all this ſo often and truly made known by us to your
Lordhip, we ſhall periſh for want of Supplies, we ſhall carry this Comfort with
us to our Graves or any other Burial we ſhall have, That your Lordſhip can wit-
neſs for us to the Royal Majeſty, and to all the World, that we have diſcharged
our Duties to God, to his Majeſty, to that Nation, and to this, in humbly repre-
ſenting to his Majeſty by your Lordſhip, the chief Governour of the Kingdom,
the Extremities and Dangers wherein his Kingdom and People ſtand, and the
neceſſity of haſtning Supplies hither, by all poſſible means for preſervation of
both; ſo as whatever become of our perſons,our memory cannot be juſtly ſtain-
ed with ſo wretched a breach of Faith and Loyalty to the King our Maſter as to
forbear repreſenting thither the Extremities wherein we are, whether we have
the Credit to be believed or no; and that we write Truth, and moſt needful
Truth, will be found true, when perhaps we shall periſh; and which is more
conſiderable, the Kingdom alſo for want of being: Relieved and Succoured in
time. And ſo we remain
Your Lordſhips to be Commanded,
1
70. Burlače.
William Parſons,
Ormond Oſory.
Char. Lambert.
Fohn Temple.
Francis VVilloughby.
t
R. Dillon,
Ad. Loftus.
Charles Coot.
R. Meredith.
From his Majeſties Caſtle of
Dublin, 14 December, 1641.
B
Poſtſcript.
I our Letters to your Lordſhip of the 22. of November, We did den
fire to be informed from thence, Whether the Parliament here being
once Prorogued, may not again be Prorogued by Proclamation before
they Sit; or whether it be of necellity that they muſt Sit again, and the
Parliament to be Prorogued the Houſe Sitting. And now that this Rebel-
lion hath over-ſpread the whole Kingdom, and that many Members of both
Houſes are involved therein, ſo as the Parliament cannot Sit; be humbly
deſire to know, his Majeſties Pleaſure therein, and if his Majeſty ſhall think
fit to Prorogue it, which at preſent we hold expedient, that then we may
receive his Commandment for Prorogation, and that the doubt concerning
that be cleared; for to aſſemble at that time, cannot be with Şafety.
Our Letters of the Third of December, have been hitherto with-held
on this ſide by contrary Winds.
The
V
| 6.4.1.
u
for a
Treaty.
from the Scotch Rebellion to the King's Murther.
917.
The Propoſitions mentioned in this Letter for a Treaty by Sir Thomas January,
Carey, and Dr. Cale, a Doctor of the Sorbon, were,
Firſt, That there ſhould be a Toleration of Religion.
Secondly, That Popiſh Officers, as well as Proteſtants ſhould be admit: Some oveja
ted to all Employment si
Thirdly, That the wrongs of Plantations ſhould be repaired. ſince
1610.
Fourthly, That there ſhould be a Proclamation to take off the File the
Title of Rebels and Traitors.
But Sir Phelim O Neil would not be perlwaded to condeſcend to any
manner of Treaty, unleſs the Lord Mac-guire, Mac-Mahon, and the other
Priſoners in the Caſtle were firſt ſet at Liberty ; which the Board re-
jecting with Contempt and Indignation, that Overture died almoſt as
ſoon as it was born.
Though it now began to be notorious that the Lords of the Pale The Boård
were deeply in the Conſpiracy, yet to take away their pretences, the Vindicates Sir
Board publiſhed a Proclamation, and ſent it to thoſe Noblemen ; where- and themſelves
in it was poſitively Affirmed, That the Lords Juſtices and Council did from the Im
never hear Sir Charles Coot, or any other, utter at the Council Board, the Lords of
or elſewhere, any Speeches tending to a Purpoſe or Reſolution to Exe- the Pales
cute on thoſe of their Profeſſion, or any other, à general Maſſacre ; nor
was it ever in their thoughts to diſhonour His Majeſty, or the Statė,
by ſuch an Odious, Deteſtable, and Impious Action, giving them aftu-
rance of their ſafety, if they would repair to Dublin the 17th of that
Month.
In Anſwer to which, the Lords of the Pale return a Letter to the The Anſwer of
Lords Juſtices, wherein they complain, That they were ſo juſtly if the Lords of
frighted with Sir Charles Coot's ſeverity and deportment, that they dürft
not adventure their perſons within the Confines of his Government;
they heavily charge upon him the inhumane acts perpetrated in the
County of Wickloe, the Maſſacre of Santry, and the burning of Mr.
King's houſe at Clantorfe, contrary to the Publick Faith given but the
day before ; ,for which ſeverity they ſaid they did not blame their
Lordſhips, but Sir Charles Coot, for his
. Rigor in the Execution ; and
therefore deſire that no finiſter Conſtruction may be made of their
ſtay, but that they may have ſome Commiſſioners appointed to confer
with them ; concluding with profeſſions of their Loyalty, and readineſs
to give their advice for the advancement of His Majeſty's Serviceand
the Common Peace of the Kingdom.
•But though they did not proceed to open Höſtilities, chuſing ra-
ther to force the Government to be the Aggreſſors, yet they began to
form themſelves into a diſtinct Body of an Army, and thereupon de-
clared the Lord Gormänſton General of the Forces to be rèiſed in the
Pale ; Hugh Birne Lieutenant General, and the Earl of Fingal General
of the Horſe : And to ſtraiten the City of Dublin by keeping Provi-
ſions from coming thither, Luke Neterville ſent two ſtrong Parties, the
one to poſſeſs Finglaß, within two Miles of the City, and the other to
Santry, where they lay till thoſe at Finglaſ were diſlodged from theńce
by Col. Crafford, lately arrived out of England, with a Recommenda-
tion from the Prince Élector .Palatine, under whom he had ſerved in
the Wars of Germany. The diſlodging of the Rebels from Finglaſ hap-
pened by a pretty odd Adventure, for. Crafford having raiſed a Regi-
ment of the ſtripped and deſpoiled Engliſh, who came to Dublin for San-
Ctuary,
the Pales
t
ܪ
i
7
1
2
918 An Impartial Collection of all the memorable Events
January, ctuary, he daily Exerciſed them, and being a Perſon of a good compe-
16.41. tency of Confidence and forwardneſs
, he requeſted the Earl
, now His
Grace the Duke of Ormond, to take a view of them, and ſee how well
in fo ſhort a time he had improved and diſciplined his Men ; the next
Morning His Grace with about 20 Horſe of his Servants, and fome
Perſons of Quality, went into the Field to ſee them Train, but when
he came there he found no Men upon the place, but preſently after
hearing ſome ſhooting, and conceiving they might be marched to ſome
more convenient place, he advanced to the place where by the ſhoot-
ing he judged they were ; when he came near, he faw there was a
Man brought off wounded, whereupon he perceived it was no matter
of Jeſt, for it ſeems Crafford, who had reſolved to ſignalize himſelf
,
had made an attempt upon the Rebels at Finglaß, but his Men who
had ſcarcely recovered the fright they had eſcaped, were not ſo well
in either Courage or Diſcipline, but that they had ſhewed the Rebels
their Backs, if His Grace by the opportune appearance of this ſmall bo
dy of Horſé had not reinforced them, and the Rebels having no Horſe,
and not knowing what ſtrength or numbers were coming upon them,
immediately retired, and drew off from the place. The other Party at
Santry, hearing of the approach of Sir Charles Coot, conſulted with their
heels for the ſecurity of the reſt of their Bodies, and quitted the placë
with ſo much fear and haſte, that they left behind them the beſt part
of their Equipage and-Proviſions.
And to add to theſe misfortunes, under which the Government, and
the Engliſh Proteſtants were ſo miſerably oppreſſed, the Provinces of
Munſter and Connaght now followed the Example of vlſter and Lemſter,
and broak out into actual Rebellion; ſo that now there was not one
Corner of Ireland, but what was.infected with this diſmal Contagion,
the whole Body was ſick, and the Heart faint and languiſhing.
The landing of Sir Simon Harcourt, a brave Experienced Captain,
with his Regiment, who arrived at Dublin the laſt of December, raiſed
Regiment ar-
ſome hopes that Aſſiſtance and Relief would come from England, buț
Decemb. 31.
thoſe very hopes were ſtrangely over-ballanced by the Fears, leſt they
ſhould come too late : And theſe delays had like to have proved Fatal,
for many of the Soldiers who came out of England, ſeeing the weak
and low condition of the City, and the great Strength and Numbers
of the Rebels, began not only to ſhrink from the Service which
appear-
ed ſo deſperate, but mutinuouſly to perſwade their fellows to return
for England; which occaſioned, tlie Publiſhing of this Proclamati-
on.
+
1
Sir Simox HAY.
court with a
rives at Dublin
1
2
A Proclamari.
W
Soldiers to re-
turn to Eng.
land.
By the Lords Juſtices, and Council.
William Parſons,
John Borlaſe.
É do hereby in His Majeſties Nañe, Charge and Command all
on forbidding VV His Majeſties Soldiers of this Army, that upon pain of Death
none of them preſume to depart hence for England, without expreß Li-
cenfe in that behalf from the Lieutenant General of the Army. And we
Command all Owners and Maſters of Ships, "Barquès, and other Veſels,
that upon pain of Death none of them do permit or ſuffer any of the ſaid
Soldiers to go aboard them, or to be carried from hence into England.
And we require tlie - Searcher, and all other Officers and Waiters of the
Cuſtomes
1
#
1
}
from the Scotch Rebelion to the King's Murther. 919
Cuſtoms, that they and every of them, do take ſpecial Care to prevent the | Fanúary,
Shipping or Exporting of any of the ſaid Soldiers as aforeſaid ; whereof 16.41.
they may not fail.
Given at His Majeſties Caſtle of Dublin the 18th of Jan. 1641.
Ormond Olory,
Charles Coote,
R. Dillon,
Fra. Willoughby
Ad. Loftus,
Rob: Meredith.
7. Temple,
The Board had not been at all wanting to repreſent the fad Condi-
cion of their Affairs to the Lord Lieutenant, and the Two Houſes of
Parliament in England ; and the Reader may have obſerved, that up-
on all occaſions His Majeſty had indeavoured to the uttermoſt of the
Power he had left, to forward the Relief and Aſſiſtance of Ireland,
But the Scots ſtood upon high Terms, being rather managed with the
deſire of the Engliſh Money, the ſweetneſs of which they had tafted,
then with compaſſionate Zeal and Brotherly Kindneſs, though they
affected that word mightily, to afford Sudden and Seaſonable Relief to
Ireland, which they might with the greateſt caſe imaginable have done
from Scotland, that Country lying ſo near as to be within a few hours
Sail from thence. And for the Two Houſes of Parliament in England,
they were fo wholly taken up with their own Affairs and Deſigns
againſt the King, which now began to ripen apace towards an open Ře-
bellion, that they had no leiſure to attend the preſent Relief of Ireland
to any purpoſe ; inſomuch that the Arms and Ammunition taken out
of the King's Stores for that Service, could not get a conveyance to
the Ports, whither they were Ordered for Tranſportation, for want of
Money, as was often repreſented to the Two Houſes by the Lord New-
port, Maſter of the Ordnance, as before hath been made appear from
the Journals; and the Men who were raiſed, and got as far as Cheſter;
lay there alſó Money-bound, as is evident from this following. Lerter,
written from Col. Monk, afterwards the memorable Duke of Albemarle,
to the Lord Lieutenant.
1
HE
+
+
the Lord Licu.
!
My Lord,
I
Have received one Letter from your Lordſhip, and one from your Se- A Letter from
cretary; and all your Lordſhips Commands have been obſerved; here Col. Monk to
are Twelve Companies of your Lordſhips Regiment come to Cheſter, there tenant of Irka
is only wanting your Lordſhips own. Company, and 40 Men of Captain Cope's lando
Company, the which 40 Men he is bringing up himſelf ; and your Lord-
mips Regiment is 1200 marching Men in Rank and File at this preſent.
We shall want nothing for our preſent Imbarquing but Money, and your
Lordſhips own Company; for our Men are all Armed, and Shipping ready
to carry them over ; the want of Money with us has been very great, by
reaſon we have been forced to pay our Companies õür ſelves, ever ſince
our Arrival here : We could not prevail with the Townſmen of Cheſter
for the furniſhing of us with any Moneys, by reaſon of theſe Troubleſome
Times; but on the receipt of your Secretaries Letter to the Commiſary,
we ſhall receive the Over-plus of the Monies which was appointed for the
Horſe, which is 240 1. which will help us a little, but if there is not
ſome Movies now on the Way for us, I doubt the Soldiers will disband ſud-
denly.
Vol. II.
Bbbbbb
:
920 An Impartial Collection of all the memorable Évents
January,, I. Shall beſeech your Lordſhip to put the Irish Committee in mind of
16:41. their promiſe for Coats and Caps, Shoes and Stockins for the Soldiers, it
is very
, needful, and will be very advantagious for the Service if the
Soldiers have them, and by promiſe from us, are expected by the Sol-
diers.
The Officers that are wanting at this preſent of your Lordſhips Regia
ment, beſides thoſe that are wanting with their Companies, is Capt. Snel
ling, Lieutenant Palmer, Captain Bois's Lieutenant, and Enſign Smith,
Captain Turvil's Enſign. I underſtand by my Lord Liſle, that one Mr.
Morriſon is to be your Lordſhips Enfign, who came this day to Cheſter.
I ſhall deſire, with your Lordſhips next Commands, I may underſtand
what quantity of Ammunition we ſhall carry from hence with us into Ire-
land; or if we ſhould be ſtayed here by contrary Wind, what Ammunition
you will be pleaſed to allow us weekly for Exerciſing : defiring your Lord-
mips pardon for being ſo tedious, I humbly take my leave":
Your Lordſhips moſt humble
Cheſter 21 Jan.
Servant to be Commanded,
+
1
To his Excellency the Earl
of Leiceſter, L. Lieutenant
of Ireland, theſe preſent
at Leiceſter-Horſe in St.
Martin's-Fields
George Monck.
1
In this diſtreſſed Eſtate ſtood thie Affairs of theſe miſerable Kingdoms.
Scotland recovered from thoſe Rebellious Corñmotions raiſed by the
Presbyterian Faction, by Remedies that proved more Fatal to the King
then the Diſeaſe. Ireland all in a Flame, and England by the prevalen-
cy of the ſame Faction which had raiſed the diſturbances in Scotland,
ready to follow their Example, and to purſue their Model of Reforma-
tion, by the fame wicked Courſes of Religious Dif-obedience and Re-
bellion; in which Condition I muſt at preſent leave them, till ſuch
time as it ſhall pleaſe God to give me ability and opportunity, I may,
after ſome little neceſſary Refreſhment, purſue this Laborious work, in
perfecting the Remainder of theſe Hiſtorical Collections.
+
1
+
;.
F IN
NI I. S.
1
F
+
!
1
.
1
1
7
A
!
A
+
TABLE
1
1
Of the principal Matters in this Second Volume.
A.
A
i
}
1
1
>
Yg
Anſlow, a Witneſs againſt the Earl of
Scrafford, 60.
Nſwer of the King to the Com- Anſwer of the Earl of Strafford to the
mons request about his Servants,
Articles of Impeachment, 20 to 27. To
231. Concerning the Iriſh Afts,
Pym's Speech againſt the Preamble of his
421. About disbiinding the Anſwer, 39. Of the Houſe of Commons
Horſe, 429. To the reaſons for
to the Lords Reaſons for the Biſhops Voting
ſtaying his journey to Scotland,434. To
in Parliament, 260. Of the judges to
the Speech of the Recorder of London, certain Queries about Matters in Parlia-
676. "To the Petition of both Houſes ment, 374. Of the Scorch Conimiſſion-
abort Gards for the Parliament, 685, ers to the two Propoſitions, 406. Their
833. To the Petition of the Aldermen, Anſwer about disbanding the Army,4 12.
&c. at Hampton-Court, 712. To the of the Engliſh Commiſioners to the Pro-
Petition accompanying the Remonſtrance, poſitions of the Scots Commiſioners, 423.
744. To the Petition about Breach of of the Scots Commiſſioners to the reaſons :
Priviledge, 762. To the Petition concern for ſtaying the Kings Fourney, 435. of
ing the Kenſington buſineſs, 196. To the
the House of Lords to the Propoſitions
Mellage of the Houſe of Commons for a
of the Scots Commiſſioners about difficulty
Guard, 803. To the Petition from Buckin-
of Marching their Army home, 538. of
ghamſhire, 841. To the Pctition of the
the Houſe of Lorels to a Petition of the
Lord Mayor, &c. 842. To the Melage Lord Mayor concerning the Londoners
concerning the three Bills., 848. Po denying ſubjeétion to the Common Council,
the Commons demand of ſtores, 860, 460. Of the Houſe of Lords to the Houſe
To the Mefage concerning the Bill for of Commons Propofitions concerning Lre-
Adjournment, 877.
land, 525. Of the Judges in Ireland to
Alderman Abel, a Patentec, a Bill Ordered Queries of the Parliament there, 575.
againſt him, 256. Bailed, 475.
of the City of London to the Parliaments
Acconipt of the Armies, 292,410.
dě fire of lending Money, 598, 644. of
Act of State about the Oath in Ireland, 79. the Queen concerning Farber Philips
AŠE of Parliament for reverſing the 605. Of the Houſe of Commons' to the
Attainder of the Earl of Strafford,23. Houſe of Lords imro Propoſitions about
AEX of Scotch Parliament part of
the Scotch relief of Ireland, 771. 'Of the
one making it Treaſon to Levy Forces ſeveral Impeached Biſloops, 797. Of the
arithout the Kings conſent, 682. Alt
Lords of the Pale to the Lords fultices;
of Common-Council of London 906. Of the Jame to the Vindication of
gainſt Tumiselts, 803. See Bill.
the fiverity of Sir Charles Coot;:927
Adjournment Bill paſt by both Houſes, that Apology of ihe Lord Digby, 863.
it be in the power of the Houſes reſpective- Apprentices of London , their Pétition
ly, 834. The Kings Anfier to it, 877. concerning Church Government, &c.775.
Earl of St. Albans his Letter from Ire An account of a Tumult of them, 805:
land concerning Affairs there, 686. Nicholas Ardagh,; a Witneſs againſt the
Aldermen, Sheriffs, &c. of London attend Earl of Scrafford, 70.
the King at Hampton Court, 711. Ma- Argiers, a Vote about the Captivės there,
ny of them Knighted, 712.
254. Alt for them.paſt, 861.
America, Petition of ſome Merchants, that Argument of Mr.Lane in behalf of the Earl
parts of it be ſeiz'd, 467.
of Strafford, 193. Of Recorder Gardner
Mr. Anderton a Member of the Houſe of for the ſame, 1:56. of Mr. Sr. John
Commons receives a Letter about a Plot, for the Bill of Attainder, 162.
836.
B bbbbb 2 Arch-
4
I
!
1
1
+
1
!
B.
1
upon it, ibid.
[こ
​THE TABLE.
Arch-Biſhop of Armagh his Teſtimony in fax, exprefly forbidden to be born before
the Caſe of the Earl of Strafford, 83, the Earl of Strafford at his coming 10
See Uſher.
Tryal, 29.
Arms ſearch'd for at Lambeth, 236. Sup-
plied to the Lords of the Engliſh Pale,
B
632. Sent from the Tower for Ireland, 7106.
Search for Arms at Mr. Ropers at El- Bagmaw of Windſor his Information to
tham, 847. At Sir James Hamiltons the Houſe of Commons, 859. A Con-
Lodgings, ibid. At Sir James Hanham's ference about it, 862.
in Somerſetfhire, 848. At the Lady Ri- Sir William Balfour Lieutenant of the
vers and at Oxon, 859.
Tomer brings the Earl of Strafford to
Army pretended to be in danger of being ſe the Bar, 37. A falſe Loon, 190. His
duced, 231. Several Lords Examined removal angers the Factious, 773.
about it, 258. An Account of it, 272. Ballad againſt the Biſhops and Commbra
Army in Ireland, a Report for disband Prayer, 807
ing it, 233. The State of it in the Earl Barnwell, a Witneſs againſt the Earl of
of Strafford's time, 537. State of the Strafford, 36, 83.
ſame when the Rebellior firſt broke out, Sir Thomas Barrington a Witneſs in the
627.
Caſe of the Earl of Strafford, 83. .
Articles of Impeachment againſt the Earl of Biſhop of Bath and Wells inform'd -
Strafford, 8. Of further Impeachment a gainſt.
gainſt the same, 11. Againſt the Judges, Dr. Beal referred to the Committee for
-324. Againſt Sir Robert Berkley, Scandalous Miniſters, 773,
337. Againſt Lord Chief Baron Da Bcal a Taylor finds ont i Plot, 647. An
venport, 347. Againſt Baron Treyor,
Ordinance xborse it, 649. Conference
352. Againſt Baron Weſton, 356.
Againſt Juſtice Crawley, 363. Against Sir Henry Bedingfeild Accuſed, 661. Sent
Lord Chief Juſtice Bramſtonie , 363. for, 662. Examined, 6 go. Acquitted,
Againſt the Biſhop of Ely, 398. Againſt 691.
the Lord Chancellor of Ireland, &c. Mr. Benſon Member of the Houſe of
570. Againſt Lord Kimbolton, and Commons,Charged with ſelling Proteitions,
the five Members, 811.
595. Expelled the Houſe, and declared
Arundel, Debate about the Election of a a Delinquent for ſo doing, 596.
Burgeſs there, 870. Earl of Arundel Sir John Berkley fent for as a Delinquent,
conſtituted Lord High Steward of Eng 288. Sent to the Tower, 490. Order'd
land for Trial of the Earl of Strafford, to be. Examined, 492. Voted guilty of
29.
Aliſpriſion of Treaſon, 725. Orderd
Captair Alhburnham Committed on ſuſpici to be Baild, 755, 780.
on of Treafor, 288. Bailed, 377. Gets Sir Robert Berkley impeach'd by the Houſe
a Vote for bis Pay, 477. Voted guilty' of of Commons, 332. Articles againſt him,
Miſpriſion of Treaſon, and expelled the 337. Brought to the Bar of the Houſe of
Houſe of Commons, 725.
Lords, 497. His Petition to the Houſe of
Mr. Aſhton Vicar of Panſtick Voted a ſcan Lords , 498. Aligned Council, 499.
dalous Miniſter, 238.
His Tryal put off, 511.
Allembly of Iriſh at Swoords, Order to Earl of Berkſhire,a Witneſs againſt the Earl
Diſſolve it, 908.
of Strafford, 89.
Attainder of the Earl of Strafford, 103. Edmund Bern, a Witneſs againſt the Earl
The Bill.read thrice in one day and paſſed of Strafford, 70.
the Commons, 157. Mr. St. John's Ar- Berwick, An Order for the Mayor to take
gument for it, 162. Paſes the Lords, care of itz: 753.
1926. And the King by Commiſſion, 195. Bill of Attainder, See Attainder, Bill
Repealed ſince the King's Reſtauration, for perpetrating the Parliament paſſes the
203.
Lords, 192. And the King by Commiſ-
Attorney General Ordered to juſtifie his
Sion, 195. Repeal'd ſince the Kings Re-
Charge againſt Lord Kimbolton and the
Stauration, 203. For relief of the Army,
five Members, 843. Which he does, 850. 238. For abbreviating of Michaelmás
Houſe of Commons deſire to Examint him, Term, ibid. For reſtraining Ecclefiafti-
850. Vote of Bott Houſes againſt him cal Perſons from medling in fecular Af-
for Breach of Priviledge, 870. Exami fairs, 242. Thrown out of the Houſe of
nation of him, 873. Votes of the Honſe of Lords, 271. Bill for Aboliſlsing Epiſcopa-
Commons againſt him, 874.
cy propoſed, 248. Debated in the Houſe
of
។
+
#
1
1
+ im
+
1
him, 570.
1
1
1
THE TABLE.
of Lords, 255. Private Bills paſt by
to the Lords Bar, 797.
797. Their je
Cominifſion, 256. Bill for Root and Branch
veral Anſwers, ibid. Two of them Con-
read twice,257. For Tonnage and Poun mitted to the Black Rod, the reſt to the
dagė, ibid. 381. For disbanding the Tower, 799. Deſire Council
, which is
Armies, ibid. For taking away the High granted, 812. Order to put in their An-
Commiſſion Court and Pluralities,ibid. For ſiver, 836. They Anſwer, 882. They De-
taking away the Star-Chamber and regula tition to be speedily Trzed or Bailed, 883:
ting the Council-Board, 258, 271. For Remanded to Priſon, ibid.
Regulating Clerks of the Market, 259, Mr. Blaney fummon’d for Preaching againſt
For difarming Recufants, 260. Againft the Proteſtation, 288.
the new Canons, ibid. Againſt Pluralities Sir Richard Bolton Lord Chancellor of Ire-
and Non-Reſidencies, 293. Againſt Ship land impeached; 566. Articles againſt
Money, 294. A Copy of the Root and
Branch Bill
, 300. Bill againſt Scanda. Books feized by Order of the High Commis
Icics Minister's, 309. For taking away the jion, how diſpoſed of, 690.
Court of Requeſts, ibid. To prevent Suits Mr. Booth Miniſter of St. Botolph Al-
for Knighthood, ibid. Three Bills brought
derſgate -Petitidn'd againſt by the Fattia
wp to the Houſe of Lords their Titles, 393. Ous, 492.
Bill for the Marches of Wales, 394. For Sir John Borlaſe made one of the Lords
Billet-money, ibid.
For the Northern Juftices of Ireland, 564.
Counties, 409. Seven Bills brosght up to Dr. Borlaſe his Hiſtory of the Iriſh Re-
the Houſe of Lords, their Titles, ibid.
bellion cenſured,531.
Bill for ſecuring Religion rejcêted, 411. Lieutenant Bowles Voted a Delinquit for
For imposing the Protestation rejected, raiſing voluntiers for Ireland, 874.
414. Eleven Bills paſſed the King, their Lord Chief Juſtice Bramſtone impeached by
Titles, 431. Six mpre paſs'd by the King, the Houſe of Commons, 363.
and their Titles, 438. Bill for a Lord Ge- Mr. Orlando Bridgman receives a Letter
neral and Lord High Admiral rejected,
about a Plot, 836.
719,
For Relief of Caprives at Ar- Earl of Briſtol a Witneſs in the Caſe of
giers,'731. Three Bills paſt the Houſe of
the Earl of Strafford, 83: His Report a-
Commons, their Titles, 777.
bont disbanding the Iriſh Army, 233.
Billet-money undertaken for the Scots by
Vote of the Houſe of Commons that be be
the Houſe of Commons, 444. A Bill for
removed from the King and his Cotencil,
Billet-money, 394.
793.
Captain Billingſley Accuſed for a Conſpira- Lord Bruce introduced into the Houſe at
cy to ſeduce the Army, 232. A Procla-
Lords, 421.
mation to stop him, 233.
Buckinghamſhirė Petition to the Houſe of
Biſhops, their adviſe againſt paſſing the Bill
Lords about Malignants, &c. 834. TO
againſt the Earl of Strafford, 192. A the Houſe of Commons about the fame,
Salvo for them, 231. Thirteen of them
839. To the King concerning Hampden,
impeached abbilt the New Canons and 840:
Oath, 418, 443. An Order concerning Nr. Burgeſs Ordered to Preach before thë
their Anſwer, 409,484. Order that they
Houſe of Commons 4672 513.
bave Council,495. A Debate in the House Sir John Burroughs a Witneſs in the Cafe
of Commons what they are guilty of, 497. of the Earl of Strafford, 93.
Devate whether other Billopsfhall Vote Busby's Cafe, an Order in it by the Houſe of
in their Cafe, soo. Abſtract of the Lords, 716.
grand queſtion upon it, 503. Their Conn-Sir John Biron, a Meſſage of the Houſe of
cif refuſe to undertake their Cauſe, 613.
Commons for removing him from being
A tinie appointed for their Anſwer, 614. Liettenant of the Tower, 835: Ordered
Which they put in by Plea and Demurrer, to appear before them, 844. Refuſes, 845.
64i. That Voted dilatory and inſufficient, Votes of the Houſe of Commons about him,
645. Conference about them, 691,717. 846. Brought to the Bar of the Houſe of
Ordered to be heard, 711. A ſecond Lords, 849. At the Bar of the Houſe of
Charge againſt them by the Houſe of Com Commons, 856. A Petition of ſome Mer
mons, 717. Order to Anſwer it, 718. chants, &c. againſt him, 881. A Mo.
They adhere to their Demirrer, 731.
tion of the Houſe of Commons for diſpla-
Twelve Biſhops their Petition and Protefta-
cing him diſented to by the Houſe of
tion, 794. Votes of the Houſe of Com Lords, 882.
mons againſt them , 796. Impeached,
ibid. Taken into Cuſtody, ibid. "Bronght
Calamy
1
1
을
​11
..
THE TABLE.
!
874.
+
Commiſſions in the ſtyle of Martial-Law
C.
given éven to Romiſh Gentlemen for fup-
preſſing the Iriſh Rebellion, 629. Copy of
Alamy Ordered to Preach before the that to the Lord Gormanitoun,030. Of
Houſe of Commons on the Faſt-day oſe to raiſe men for Ireland, 652. Com-
for Ireland, 756. Has the thanks of the miſſion of the King, for ſeveral Lords
Houſe and a piece of Plate, 775.
and Commons to Treat mith the Scots
Calcot an Informer againſt Colonel Luns Commiſſioners about Succours for Ireland,
ford, 846.
716.
Cambridge Univerſity, their Petition for Commiſſioners to be ſent from the Engliſh
Epiſcopacy, 239.
Parliament into Scotland, 439, 440.
New Canons a Bill againſt theni, 260. Dificulty about it, 447. 1000 l. advan-
Vores of the Houſe of Lords againſt them, ced for i heir Charges, 452. Tranſacti-
285.
ons berrcen them and the Scotch Parlia-
Lord Capel Introdriced into the Houſe of ment, 608. Their inſtructions,451,455,
Lords, 429.
494,616.
Captives et Argiers, a Vote about them, Commiſſioners from Scotland, their offer
254. A Bill for them, 711,731.
of Aſistance for Ireland, 732. Proffer to
Capuchin Friers at Denmark Houſe Or mediate between the King and Parliament,
dered to keep in, 445, 448.. Meſſage of Their Petition and Advice, 876.
the Houſe of Commons for Diſolving For which they have the thanks of the
their Convent, 814.
Houſe of Commons, 887.
William Caſtigat Wirneſs againſt the Committees for Iriſh Affairs, 5. To Ex-
Earl of Strafford, 59.
amine Evidence againſt the Earl of Straf-
Cavalry, reaſons that it be formd in ford, 11. For Scandalous Ministers,
to Regiments, 685.
233. Which divides into Sub-Commit-
Cauſes in Parliament determin..ble in no 0 tecs, 245. For expediting the Charge a-
ther Court, 716.
gainſt the Arch-Biſhop of Canterbury,
Ceſſation with the Scots prolonged, 236, 265. That for Scandalous Miniſters re-
310, 373,406.
viv’d, 322. Of the Houſe of Lords dis-
Prince Charles, the care of the Houſe of ring the Receſs, 484. Of the Houſe of
Comn:ons concerning him, 512, 596, Commons during the ſame, 486. For pre-
857.
pering a Petition to the King againſt
Cheſhire Petition for Common-Prayer, &c. 'Evil Councellors, 5to. To conſider of the
758, 759.
Iriſh Rebellion, 524. Of the Houſe of
Chillingworth a too forward Member Commons of Ireland for the Iriſh Re-
ſent to the Tower, 714. Releas'd,763. monſtrance, their Names, 501. Of the
Sir Hugh Cholmley, Witneſs againſt the Houſe of Commons in England for Iriſh
Earl of Strafford, 94.
Affairs, 595,651. For borroming Mo-
Mr. Henry Chölmley, Witneſs against the ney, ibid. About Beal the Taylor's Plot,
Earl of Strafford, 92, 94, 97.
649. About a Giard for the Parliament,
William Chorley, ſent for out of Goal by 684. Of both Houſes to Treat with
Habeas Corpus, 706.
the Scots Commiſſioners about the relief
Captain Chudleighs Depoſitions againſt of Ireland, 711. "Their Instru£tions,720.
M. Jermyn, C. 444.
Conimittee for Scandalous Pamphlets re-
Patrick Clear, a Witneſs againſt the Earl vived, 723. Concerning Breach of Pri-
of Strafford, 70.
viledge by the Kings Speech, 739. Of the
Clerks of the Market, a Bill for the regula Houſe of Commons to conſider of the ob-
lation of then, 2599437:
ſtructions to the London Petition, 763.
Sir John Clotworthy in a Speech refleets Of the Houſe of Lords to conſider of the
02 the Earl of Strafford, s. Made one late Tumults, 781. Of the Houſe of
of the Committee to prepare the Charge Commons to draw up the Declarațion of
againſt him, 7. a Witneſs againſt him, the obstrustions of Relief for Ireland,
793. Of the ſame to wait upon the King
Sir William Coles. Letter to the Lords
for a Guard, 801. One 10 fit et Guild-
Juſtices of Ireland, juſt before the Diſco Hall, 824. For frivolous Informations,
very of the Rebellion, $19.
855. For purting the Kingdom into a
Commiſſion for paſſing Bills, the manner of poſture of Defence, 860, 872,884. Con-
it, 195. Commiſſion to Examine Wit cerning Bagſhaw's Information, 862.
nefles about Incendiaries, 444. For the Concerning the Scotch Propofitions for
Commisſioners to go for Scotland, 4540 - the Relief of Ireland, 869. For Breach
of Priviledge,885.
Common-
.
1
35, 68.
1
i
T
THE TABLE ,
1
+
1
1
land, 917
Common-Pleas, the Caſe of the Officers Iriſh Rebellion, $20. a Reward Vored
there againſt Patentees, 404,
for him, 524, 6o9. Interrogät:ories for
Common-Prayer Book Debated, 475. a further Examination of hin, 596.
Commons Houſe proſecute the Loyal and Conſpiracy to ſeduce the Army, 231. féra
Learned Clergy, 235. They publiſhia De Sons Accuſed upon it, 232., an account
claration without the conſent of the Houſe of it from the Earl of Mancheſter's Med
of Lords, 481. At a loſs how to name moirs, 272. Vötes about it, 407, 408.
their Charge againſt the Biſhops, 497. Conſpiracy in Scotland, 488. beads for
Manifeſt their Democratick. Deſigns,712. a Conference about it, 491. See Plot.
See Orders and votes.
Contributions for the poor Engliſh in Ire-
Communion-Table Vored to be remov'd,
land, 660. Certificáte from the Lords
475. Troubles about it, 491. See Rails
Juſtices for it, 737.
Conference between a Committee of both Lord Conway a Witneſs in the Cefe of the
Houſes to prepare for the Tryal of the
Earl of Strafford, 83.
Earl of Strafford, 10. Another about Mr. Cooper, Votes of the Houſe of Com-
Tumults, 210,245: Concerning dangers mons in his favour, 454.
of Portſmouth and of the French, 233. Sir Charles Coot burns Clantarff; 911.
Concerning the Queen-Mother,237,247. vindicated by the Council-Board of Ire-
About Mr. Percy, 245. The Scots,255.
The Bill againſt the Biſhops Voting, 259. Sir John Corbet's Caſe, 260,409.
Disbanding the Armies, 288, 411, 419. Earl of Cork Witneſs against the Earl
With the Scots Commiſſioners concerning of Strafford, 55.57,63.
the Kings Journey, 320. Of both Houſes Dr. Coſens and others at the Bar of the
about the Kings beſtowing Honours, 325. Houſe of Lords, 244.
The Palatinate, 377. The ten Propoſin Lord Cottington ſurrenders his Lord Liercado
tions, 380. The Judges, 420. a Cuſtos tenantſhip of Dorſetſhire, 236. and the
Regni, 424. The Treaty, 426. The
Court of Wards, 240.
Kings Journey, 433. A Commiſſion to Council allowed to the Earl of Strafford,
paſs Bills during the Kings Abſence,437. their names, 10. Order concerning their
The Scotch Army, 439. A Final Con pleading, 28. that they plead 19 matter
clufiou rrith the Scots, 442. The Tower, of Lion only, 153. Council Ordered to the
446. Putting the Kingdom into a poſture thirteen impeached Biſhops, 495. oho
of Defence, 449. Diſarming Recuſanti, decline the Cauſe, 613. but being ſent
450,469. the Navy, 460. Tbe Recess of
be Receſs of for by the Houſe of Lords, are willing,
the Parliament, 463. tranſporting Sol 614. Council Aligned the twelve Im-
diers by Forraign Ambasſadors, 406, peached Billsops, 813.
477, 479. a Letter from the King,497Council-Board, á Bill for regulating pro-
excluding Biſhops their Votes in the caſe ceedings there, 258. past 271.
of the thirteen impeached, 500. the Council of War for Affairs of Ireland,
Princes Safety, 512. á Guard for the
Parliament, 595. Prince and Queen, Evil Councellors & Committee to prepare
596, the Capuchins, &c. 607. Evil a Petition againſt them, 510. Pym's
Councellors, 619. Letters from Ireland, Speech about them, 619.
625. the Impeached Biſhops, 691,717. Court of Requeſts, a Bill for taking it an
Scotch Aliſtance for Ireland, 736. way, 309.
Breach of Priviledge by the King's Speech, Courts of Stanneries, a Bill for Regilating
739. reprieving the Prieſts, 740. Relief them paft Both Houſes, 416.
for Ireland, 791. Lieutenant of the Colonel Crafford bis odd Adventure, 917.
Torrer, 773, 778,860. the Biſhops Peti- Fuſtice Crawley Impeach'd by the House
tion and Proteftation, 795. the ſafety of
of Conimons, 357
the Kingdom, 797. Breach of Priviledge, Sir Randal Crew, Applications of the
813, 816.
Houſe of Commons in bis behalf, 365.
Conge d' Ellires five Petitioned to be stay'd, Oliver Cromwel Burgess of the Town of
499. debated, 5!1.
Cambridge, 247. Informs againf á
Coningsby his Bill past the Houſe of Com Gentleman of Huntingdon for words,
888.
Conisby expelld the Houſe of Commons Six Pierce Crosby a Witneſs againſt
for a Monopoliſt, 513
the Eart of Strafford, ſet by for ſome
John Couley a Witneſs for the Earl of
Witneſs for the Earl of time, 35. admitted to give Evidence, 47,
Strafford, 55, 57, 63.
56, 58.
Owen Connelly's Examination about the
Cruelty
1
614 .
A
re
1
r
1
5
THE TABLE
1
4
it, 430.
416.
Cruelty of the Iriſh Rebels, 633. Defence of the E. S. to the firſt Article a-
Cuſtomers offer 100000 l. for an Act of gainſt him, 54. to the ſecond, 55. third,
Oblivion , 256.
are Ordered to pay 56. fourth, 58. fifth, 60. ſixth, 61.
150000 1. ibid. Votes about the Pettya eighth, 63. ninth, 64. tenth, 65. twelfth,
Farmers, 258. who Petition the Houſe 67. thirteenth, 68. fifteenth, 71. ſix-
265.
teenth, 74. nineteenth, 78. twentieth to
Cuſtos Regni inſisted on by the Houſe of twenty fourth, 84. to 87. twenty fifth,
Commons, 425. the Judges Opinion about 89. twenty Sixth, 91. troenty ſeventh, 94.
Errenty eighth, 99.
Delinquents, who are fo Voted their Eſtates
D.
to be ſeized, su: Delinquents about
the Sope Patent, 513.
S'
Ir Thomas Danby a Witneſs for the Serjeant Dendy Inforin’d againſt for words,
Earl of Strafford, 95.
888.
Mr. William Davenant accuſed for a Con- Biſhop of Derry Impeach'd, 566. Articles
Spiracy to ſeduce the Army , 232. a Pro againſt him, 570.
clamation to stop him, 233. ſent for by Sir Simon D'ewes his Speech about the Poll-
a Serjeant, 245. Committed, 246. Bay Bill , 322. concerning the Palatinate ,
led, 377
368.
Lord Chief Baron Davenport Impeach'd by Differences between the Lords and Com-
the Houſe of Commons, 343. Articles : mons about the Votes for the Proteſtation,
gainſt him, 347.
Sir Thomas Dawes, a Writ , Ne exeat Lord Digby, one of the Committee to pre-
regnum against him, 425.
pare the Charge againſt the Earl of Straf-
Deans and Chapters, defended by Doctor ford; 7. appointed one of the Managers
Hacket in the Houſe of Conimons , 240. of the Evidence against him, 28. his
Speeches in Parliament concerning them, Speech at paſſing the Bill of Attainder,
282. 289.
157. which is Ordered to be Burnt by
Debts of the Kingdom conſidered by the the Common Hangman, 160, 389. e.t-
Houſe of Commons, 257. 724.
ceptions taken at fome Words of his, 271.
Declaration of the Houſe of Commons con expelled the Houſe of Commons , 275.
cerning ſeveral Church-matters, without made a Raron, and added to all the ſtand-
the conſent of the Houſe of Lords, 481. ing Committees, ibid. a Meſſage from the
of the Houſe of Commons; of Ireland,upon Houſe of Commons about hin, 791. In-
the Queeres propoſed to the Fudges, there formation againſt him, 8+5. Summoned
584. of the Engliſh Parliament touching to attend the Houſe of Lords, 882. his
the Iriſh Rebellion, 601. of the Houſe of Apology at large, 863.
Commons againſt Inigo Jones, 728. of Lord Dillon a Witneſs for the Earl of
the King in anfirer to the Renionftrance, Strafford, 56, 58, 60, 61, 71. made
746. of the Houſe of Commons, concern one of the Lords Juſtices of Ireland,
ing the Tower and Collonel Lunsford, 564. diſplaced to pleaſe the Faction, ibid.
778. Declaration of the State of the Committed by the Houſe of Commons,
Kingdom projected, 615. debated, 664. 786.
appointed to be delivered and by whom,689. Directions of the Houſe of Commons, for
Set down at large, 692. &c. hor received taking the Proteſtation, 229. of the ſame
by the King, 709.
'Houſe divided about
to their Committee, during the Receſs,
Printing it, 743. Declaration for a Po 481.
ſture of Defence, 850. rejeited by the Disbanding the Army, Votes, Orders, &c.
Houſe of Lords, 857. Declaration con about it, 233, 286, 454, 456, 457,458,
cerning Breach of Priviledges, 853. 401. Disbanded Soldiers to be permitted
Sir Edward Deering Chairman of a Sub to go beyond Sea, 495:
Committee for Scandalous Miniſters, Dondalk'taken by the Iriſh Rebels, 636.
245. delivers the Bill for abolition of E- Sir James Douglas ſent for as a Delin.
piſcopacy, with a Speecb, 248. hor un-
quent, 753.
fortunate, 249. his Speech about Epifco- Alr. Edward Dowdall's Depoſitions con-
pal Government, 295. concerning the Or cerning the Treary between the Lords, &c.
der for removing the Communion Table, of the Pale, and the Iriſh Rebels, 907.
493. concerning Bowing at the Name of Biſloop of Down, aWarrant to him concern-
Jefus, 610. about the Declaration of ing Contemners of Eccleſiaſtical Juriſ
the State of the Kingdom, 664. againſt diction, 63.
paſſing it,668.the behaviour of tbefačtions
to him, 672,
Will.
1
L
24
1
THE TABLE
2
..
+
+1
Election of Members, Cafes about is, 599. R of the Lord and Lady Muskerry,
William Dowſon & Witneſs againſt the Evidence againſt the Earl of Strafford
Earl of Strafford, 941
Summ’d up by him, 104.
Thomas Drinkwater ordered to the Pil- Examination of Owen Connelly about the
lory for a Contempt, 238. excufed, 245. Iriſh Rebellion, 520. of Mac Mahan con.
Drogheda, ſee Tredagh.
cerning the fumo, 521. of Richard
Dublin Fortified, 636. Citizens pretend Grave, $22. of Mr. Attorney General
themſelves not able to raiſe 40 1. ibid. about the five Members, 873.
cinningly vi&tralled by the Maſter of the Exceptions taken at ſome words of the Lord
Rolls, 637. Stranger's ordered by Pro Digby, 27. at à Letter from the
clamation to depart the City and Subarbs, Speaker of the Honſe of Lords of Ireland,
637
417. at « Meſſage from the Houſe of
Dr. Duncomb Witneſs for the Earl of Lords, by one Perſon only, 474. at the
Strafford, 55.
Biſhop of Lincoln, 477. at the Kings
.Dunkirkers laden with Ammiinition for Ire Speech, 739.
land ſtopt, 844, 857.
Excluſion of the Biſhops froin Voting in the
Durham Harfe affured to the Earl of Pem.
caſe of the thirteen Impeached Biſhops, is.
broke by an A&t, 426.
Conference about it, soo.
Durch Ambaſſador deſired to alist in ſtopa Execution of the Earl of Scrafford, 201.
ing the Dunkirkers, 857.
Explanation of the Proteſtation, 241. of the
Act of Pacification, 625.
3.
Extract of Letters from the LordsFuſtices of
Ireland, to the Lord Lieutenant, goo;
E
901, 902..
Dwards a Witneſs againſt the Earl of
Strafford, 90.
Egor # Witneſs againſt the Earl of Straf-
F.
ford, 36.
Farnham's Depoſition in behalf
-870.
Sir John Ellioi's Cafe, 376.
635
Biſhop of Ely his caſe with Lady Hatton, Sir Robert Farrer a Witneſs for the Earl of
270. fee Wren, Dean of Ely, ſee Fuller. Strafford, 60.
Embaſſadors Voted not to entertain Prieſts Faſt mov'd for by the Houſe of Commons for
Natives of England, 373. French or
the Iriſh Rebellion, 737. agreed, 754.
Spaniſh Emballadors, ſee French or Spa-
for a monthly one, 7777
niſh.
Faunt's Cafe, 324:
Epilcopacy, a Bill Propoſed for the Abo- | Mr. Finch, Vicar. of Christ Church Lon-
lifhing of it, 248. Sir Edward Deer-
don, Votes againſt him, 233.
ing's Speech upon it, 248. Sir Benjamin Fitz-Garret a Witneſs againſt the Earl of
Rudyard's, 249. the Lord Newark's,
Strafford, 57, 68, 74.
251. Votes of the Houſe of Lords upon it, Florence the Reſident from thence his Com-
255. Report of a Conference about it,259. plaint, 596. a Committee upon it, 645.
Debated in the Houſe of Commons, 275. Forreſts aſcertain'd in their Bounds by AEt
two Papers concerning it preſented to the of Parliament, 431. many Frays happen
Houſe of Commons, 301. Votes about it,
about it, 499. 625.
380. Order to diſcourage Petitioners for Sir Edward Fowles a Witneſs againſt the
it, 655.
Earl of Strafford, 11. Blunders in his
Epitaphs upon the Earl of Strafford, 204.
Evidence, 55.
205.
Mr: Franklin, a mistake in his Annals rea
Sir Walter Erle one of the Commiſſioners to
Etified, 247.
prepare the Charge againſt the Earl of Sir Ralph Frceman a Witneſs againſt the
Strafford, 7. appointed one of the lan-
Earl of Scrafford, 91.
agers of Evidence againſt him, 28. gra. French, the Houſe of Commons in great fear
velld in his Management he is aſſiſted by of them, 233. 242.
the Lord Digby, 100. ſent doron to fe- French Embaſſador deſires the Engliſh Dif-
cure Dorſetſhire, 233.
banded Army for his Maſters Service,
Earl of Eflex made Lord Lieutenant of 395,436. Tumults about his Houſe, 468.
Yorkſhire, 247. And Lord Chamber intercedes for the Rioters, 476.
lain, 407. Motion of the Houſe of Com- Dr. Fuller Dean of Ely Petitioned against
mons that he have power over all the by the Sestaries, 492. fent for as a De-
Traind Bands South of Trent, 608. lays linquent for his Sermons, 609. Bayled,
down that Conmiſſion, 684.
626.
cccccc
Sir
F
1
4
1
1
THE TABLE.
687. refuſed by them when ordered by the
G.
King, 688. Guard not of their own ap-
pointment diſpleaſes them, 726. examin'd
Ir
Sir
Henry. Garaway a Witneſs againſt and diſcharg’d, 727. Votes of the Houſe
the Earl of Strafford.
of Commons about Guards, 729, 732.
Gatton in Surry, a diſpute about Ele&tion of their Mellage about it, 789. rejected by
Members there, 599.
the Houſe of Lords, 793. & Committeč
Lord General ſcruples letting the Scots
ordered to wait upon his Majeſty con-
march through Berwick, 452.
cerning it, 801, the King orders one un-
S, German, a Frenchman committed to the
der the Earl of Lindſey, 833. the Houſe
Gate-Honſe, 651. releaſed, 711. of Commons Order another under Major
Mr. Glyn appointed a Manager of Evi Skippon, 833. both Houſes appoint a
dence againſt the Earl of Strafford, 28. Guard upon the Tower, 844. An Order
paſſionate at ſome expreſſions of the Earl of drawn up by the Houſe of Commons for
Strafford, 39. bis Speech upor ſumming Guards and neceſſary defence, 878.
up the Evidence , 124. one of the Com-Gun-Powder, an Act for importing and free
mittees to expedite the Charge againſt the making it, 416, 438.
Arch-Biſhop Laud, 265. his Speech about Gunners of the Tower examined by the
breach of Priviledge, 827.
Houſe of Commons; 856.
Henry Gogan a Witneſs
. againſt the Earl Sir Richard Gurney, Lord Mayor of Lon-
of Strafford, 90.
don, Knighted, 676.
Evers Gore a Witneſs againſt the Earl of
Strafford, 53.
H.
Lord Gorge Governor of HurſtCaſtle Sum.
moned to appear, 596.
R. Hacket's defence of Deans and
Collonel Goring accuſed for a Conſpiracy to Cbapters in the Houſe of Commons,
ſeduce the Army, 232. diſcovers a Vote in 240.
his Favour, 272.
Hampden one of the Committee to prepare
Lord Gorminſton a Witneſs againſt the the Charge againſt the Earl of Strafford,
Earl of Strafford, 56. contradicts him 7. appointed a Manager of Evidence as
ſelf, 57. his Commiſiçn for ſuppreſſing gainſt him, 28. one of the Committee to
the Iriſh Rebellion, 630. is ſaid to have expedite the Charge againſt Arch-Bi-
given Intelligence to the Rebells, 905.com Jhop Laud, 265. Impeached of High Trea-
bines with them, 907. they make him Ge fon, 811 his Speech in vindication of
neral of the Forces of the Pale, 917. himſelf, 817. a Petition from Bucks to
Patrick Gough a Witneſs againſt tbe Earl the King about him, 840.
of Strafford, 70.
Marqueſs Hamilton a Witneſs in the caſe
John Gower a Witneſs againſt the Earl of
againſt the Earl of of the Earl of Strafford, 86. made a
Strafford, 53.
Duke, 683. his complement to the Houſe
Grand: Queſtion concerning Biſhops Votes in of Commons, concerning the Arms at Fox-
Capital caſes, an abſtract of it, 503. Hall, 870.
Lord Grandiſon fee Newark.
James Hanhani his Houſe ſearch'd for
Richard Grave his Examination about the Arms, 848.
Iriſh Rebellion, 522.
Sir Simon Harcourt arrives at Dublin with
Dr. Gray ſent for as a Delinquent, 772. a Regiment, 918.
St. Gregories Pariſhioners Complaint a- Robert Hawood ordered to the Pillory for
gainſt Inigo Jones, 728.
Contempt, 238. excuſed, 245.
Sir Henry Griffin a Witneſs in the Caſe of Lady Hatton and Bishop of Ely their Cafe,
the Earl of Strafford, 93, 94:
270.
Sérjeant Grimſtone one of the Committee to Sir Arthur Hazlerig Impeach'd of High
prepare
the Charge againſt the Earl of
Treaſon, 811.
Strafford, 7. appointed to be preſented at Biſhop of Hereford excuſed part of his Poll-
the Examination of Evidence againſt him, Money, 709.
11. bis Speech concerning Breach of Pri- Marqueſs of Hertford introduc'd into the
viledge, 825:
Howſe of Lordsy 265. ordered to take
Guard Ordered about the Parliament Houſe, charge of the Prince in perſon, his anſwer,
487. a Conference about it, 595. Eſta 595. a Melage about it from the Houſ
bliſht by the Houſe of Commons, 623. of Commons, 857.
Diffolvd by the King, 684. Meffage, Hertfordſhire Petitian, 753.
&cabout it, 684, 685. Reaſons of the Dr. Heywood Petition'd againſt by the
Houſe of Commons for their Continuance, Setaries, 492
Hibbols
.
1
1
*
1
11
1
&c. 343.
ford, 832.94.
THE TABLE
Hibbols Witneſs againſt the Earl of Information againſt the Biſhop of Bath and
Strafford, 62.
Wells, 413. of Arms in the Marqueſs
Mr. Hide bis Speech at the delivery of the of Wincheſter's Houſe, 453. of ting
Articles againſt the Lord Chief Barón, Iriſh men from Chelter, 604. of Collonel
Hunks againſt two Iriſh men for Liſting
High Commiſſion Court a Bill for taking it Soldiers, 612. of dangers in Lancaſhire,
amay, 257.
650. of a Ship of Frenchmen in Milford:
Collonel Hill voted Delinquent for raiſing Haven, 7100 of a Barrel of Gunpowder
Voljinteers for Ireland, 874.
ſent into the Country for a Barrel of Soap,
Earl of Holland & Witneſs in the Caſe of 719. that Members of Parliament were
the Earl of Strafford, 84.
the occaſion of the Tumults, 790. againſt
Mr. Jervis Holls, who had been expelled the Lord Digby and Collonel Lunsford,
the Honfe for an honeſt Speech, xeſtor’d, 845. againſt Serjeant Dendy, 888. of
710.
O. Cromwell againſt a Gentlemail of
Dr. Hollis and others, Votes in their fa! Huntingdonſhire, ibid. of one Wiſhert,
vour, 331, 373. his Speech in praiſe of that Cardinal Richelieu fomented the
Sir Randol Crew, 365. concerning the Iriſh Rebellion, 897. frivolous Informa-
Palatinate, 378. in juſtification of the tions a Committee for them, 855.
Votes for taking the Proteſtation, 416. Sir Thomas - and Sir William Ingram
he is Impeached of High Treaſon, 811. Witneſſes in the Caſe of the Earl of Straf-
Honours, a Conference about the Kings be-
ſtowing them; 325.
Inſtructions for ibe Commiſſioners for Scot-
Horſes, inquiry after Tranſporters of thein, land,.45 12 455. to the Commiſſioners for
655.
diſarming Popiſh Recufants, 473. addi-
Sir John Hotham a Witneſs in the caſe of tional Inſtructions for the Commiſſioners
the Earl of Strafford, 92. appointed Go in Scotland, 494, 616, debated by the
vernor of Hull by the Houſe of Commons, Houſe of Lords, 623. Inſtructions for the
833.
Commſſioners to treat with the Scotch
Hoy a Witneſs againſt the Earl of Straf Commiſioners about afſifting Ireland ,
ford, 62.
720. approved by the King, 723.
Hull
, Order for the Mayor ia take care of interrogatories for fairther Examination of
it, 753. Order that Sir John Hocham
O Connelly, 596.
be Governor of it, 833.
Inigo Jones, a Declaration of the Houſe of
Huntingdonſhire Petition for Epiſcopacy, Commons againſt him, 728. Ordered by
720.
tbe Houſe of Lords to anſwer, 729.
his
Hurſt Caſtle going to Decay, Examined, Anſwer, 771.
596.
Iriſh Affairs, à grand Committee äboutshem,
Mr. Hutton Curate of St. Giles Cripple 5. Iriſh Remonſtrance, 36, 555, 561.
Gate Petition'd againſt , 492. ordered the condition of the Iriſh Army in the
to be taken into cuſtody, 497
Earl of Strafford's time, 537. the ſad
Hypocriſie of the Anti-Epiſcopal Gran State of affairs there at the time of tbe
dees, 261.
Rebellion, 627. Iriſh Nobility and Gen-
tery, ſome kind to the Engliſh , 634,
1.
Iriſh Rebellion, the News of it communicated
to the Houſe of Commons by the Lords of
the Council, 513. a Letter about it from
Mr. Henry Jermyn accuſed for A Conſpira the Council in Ireland to the Lord Liert-
cy to ſeduce the Army, 232, a Procla tenant Gexeral, 5 14. Proclamation of the
mation to ſtop him, 233. Voted charge Lords Juſtices to ſtop it, 522. Report of
able with High Treaſon, 443. Voted to be a Conference of both Houfes about it,524.
Impeach'd, 754
an account of ſome occaſions of it, 526.
Impeachment of the Earl of Strafford, 7. &c. Words of "Eixiv Badrinazh upon it, 540.
of Sir George Radclif, 8. of Sir Ró. Relation of it by the Lord Macguire, 543.
bert Berkley, 332. of the Barons of thë the Rebels their Remonftrance , 555. a
Exchequer, 343, 352, 356. of Mr. Fu Manuſcript of the Earl of Clarendon's
ſtice Carwley, 357 of the Lord Chief concerning it, 590. Votes and Orders of
Fuſtice Bramſtone, 363. of the Biſhops
Parliament relating to it, 600, 601,
for the New Canons and Oath, 418, 443. 603, 651, 642.
ſecond Impeachment of the ſame, 717 Judges their Opinion upon an Exception of
Incendiaries a Commiſſion for their Proſecu the Earl of Strafford, 101. upon the
tion, 444. who were meant, 447..
Bill
1
635.
King
James.lais Coletion cit of Bellar-
1
f
í
2
I
1
more
T H ET A BL E.
,
.
-
Bill of Attáinder, 192. Articles againſt 528, 638. "Easy Rastlin' thereupon, 540.
them, 324. not to Travel on the Lords
acquaints, the Parliament with it, 600.
day, 325. their reſolution to certain his diligence to ſuppreſs the Irish Rebelli-
Queries about matters in Parliament, on attelted hy, tbe Parliament's Commiſſio-
374. i Conference about their Impeach ners, 612. returns from Scotland, 675. bis
ment, 420. their Opinion concerning & Reception in London, 675. &c. his Speech
Cuſtos Regni, 430. their Report of the in anſwer to the Recorder, 676. bis Letter
Statistes in Force againſt Riots, &c. 709. feming bis firmneſs to the Eſtabliſhed Re-
Fådges in Ireland their Anſwer to Queries ligion, 683. his Speech to both Houſes af-
of the Parliament there, 575.
ter his return from Scotland, 708. after
Dr. Juxon difwades the Kings paſſing the that manncr he receives the Remonſtrance
Bill againſt the Earl of Strafford; 192. of the Houſe of Commons, 709. promiſes
to keep his Chriſtmas at White-Hall,
K.
7!2. approves the Inſtru&tions of the Com-
miſſioners to Treat mith the Scotch Com-
John Kay, a Witneſs againſt the Eart of miſſioners about aſſistance for Ireland,
,
723. bis Speech to both Houſes concerning
Lord Keeper craves ſome time to retire, Ireland, 738. bis anſwer to the Petition,
712. bis Letters, ſee Letters.
accompanying the Remonſtrance, 745. bis
Robert Kennyday a Witneſs againſt the Declaration in anſwer to the Remon-
Earl of Strafford, 55. 70.
ſtrance, 746. his anſwer to the Petition a-
Dr. Ker Dean of Ardagh his Depoſition, bout Breach of Priviledge, 762, to the
concerning the Calumny thrown mpon the Meſſage of the Houſe of Cominons abont di
King, of giving Commiſſion to the Iriſh Guard, 803.demands the five Members by
Rebels, 528.
a Serjeant at Arms, 8 14. comes in Perſon
Lord Kilmallock a Witneſs againſt the Earl to the Houſe of Commons for them, 820.
of Strafford, 56, 57.
his Speech then there, ibid. *Excoer Baordixò upon
Kilvert a Patentee, 256. Baild, 475. that matter, 821, a lewd Pamphlet uspon
Lord Kimbolton Impeach'd of High Trea the Jame, 830.
fon, 811. bis Speech thereupon, 815., Sir Róbert King a Witneſs in the Caſe of
moves to be Tryed, 835. a Meſage from the Earl of Strafford, 83.
the King concerning him and the five Mem- Knighthood, Å Bill to prevent Véxations
bers, 848.
Suits about it, 309. paſt the Houſe of
The King preſent incognito at the Tryal of Lords, 424.
the Earl of Strafford, 29. bis Speech 10 Kynaſton's Caſe, 258.
both Houſes concerning the Earl of Straf-
ford, 186. bis Meſsage to the Houſe of
L.
Commons about the Tumults diſregarded,
189. in great doubt about paſſing the Bill Ambeth Houſe Searched for Arms,
againſt the Earl of Strafford, 192. "Eixar 236.
Bedirxa thereupon, 193, be paffes it by Mr. Lane appointed Council for the Earl of
Commiſſion, 195. bis Letter to the Houſe Strafford, 10. bis Argument in his be-
of Lords concerning the Earl of Strefford, half, 153. appointed for Judge Berkley,
197. bis Anſwer to the Parliament con 499. for the twelve Impeach'd Bifhops,
cerning his Servants, 231. paſſes three
812.
Bills, 243. his Speech in anſwer to the Arch-Biſhop Laud takes his leave of the Earl
Speaker about the Bill for Tonnage and of Strafford, 198. a Committee to expedite
Poundage, 308. bis Speech at Paſſing the the Charge againſt him, 265.
Bills againſt Star-Chamber and High-Com Lay-Preachers complain’d of, 265. repre.
miffion, 327. bis Manifeſto about the
hended, 270.
Pålatinate, 383. his anſwer to the Propo- Lecturers the Tools of the Faltions, 234. an
ſition about Evil Councellors, 387. afſents Order for them, 4.77.
to the five Propoſitions, 407. takes leave Captain Legg ſent for as a Delinquent, 726.
of his Parliament, 438. ſets forward for Bail'd, 775. 780. deſign'd for Hull by
Scotland, 439. arrives there, 453. bis the King, ſtope by the Houſe of Commons,
Speech to the Parliament there, ibid. his .856.
Letter denying to Sign a Commiſſion to the Earl of Leiceſter Lord Lieutenant of Ire-
Parliaments Commiſſioners, 468. his rea land enabled by Ordinance of Parliament
jons for ſo doing, 469. his Letter to the to Raiſe Men, 606. ſcruples it without
Lord Keeper, 497. clear'd of Phanatick) the Kings Command, 615: 652. Order
Calumnies concerning the Iriſ Rebellion, concerning him, 543. 754.
Sir
+
1
L
1
។
1
THE: TA BL E.
1
4
&
YY
i
Sir Thomas Leighton a Witneſs againſt the Lord Howard aboiut a Conſpiracj. in Scot:
Earl of Strafford, 54.
land, 488. of Sir Williain Cole to the
Dr. Leighton a Turbulert Preacher Enlar. Lords Juſtices just before the Diſcovery
ged, 309.
of the Rebellion, 519. of the Earl of Straf.
Lenthal Speaker of the Houſe of Commons his ford concerning the State of the Army in
Letter to Sir Edward Nicholas ra get quit Ireland, 537. of Sir Henry Vane to the
of the Chair, 713, another, 714. See Lords Juſtices of Ireland, sosi of the
Speaker.
Lord Howard to the Lord Keeper, 603.
General Leſhly made Earl of Leven, 683. 612. thoſe from France and Antwerp
Letters of the King, to the Earl of Straf ſtopt, 15. of the Earl of St. Albans a-
ford, commanding a l'roclamation to pro bont Affairs in Ireland, 686.- of Sir J.
hibit the Iriſh going beyond Seas, 75. to Temple concerning the ſame, 761. Let-
the fame about the Oath, 8o, to the Houſe ters of a Plot against the Houſe of Com-
of Lords concerning the Earl of Straf mons, 836. a conjecture at the Writer,837.
ford, 197. to the Lord Keeper denying to Letters to one Mr. Crofis, ordered to be
paſs a Commiſſion for the Parliament's com opened, 849. of Sir Phelim O Neal, to
miſſioners, 468. to the Lord Keeper, 497.
Sir William Hamilton, 895. of one
to Mr. Nicholas Shewing his reſolution Roche intercepted, 896. of the inhabi-
to maintain the Eſtabliſhed Religion, 683. tants of Longford to the Lord Dillon,
to both Houſes about the Prince, 889. 898. of Collonel Monk to the Lord Lieu-
Letters by Order of either Houſe of Parlia tenart of Ireland, 919. Letters from
ment, to Sir Jacob Aſhley, 228. to the
Foraign Parts ordered to be opened, 247.
Arniy, 235. to the Lord General, 441. 307, 523.
445. 453. 10. the ſame concerning Hull, Licence for Raiſing men for the Dutch Ser-
448. to the Sheriffs about Pooll-Money, vice, 723, 724.
458. to the Lord Generall about Disband- | Lie given to a Pecr is a Breach of Privi-
ing, 461. to the Lords Juſtices of Ire-
ledge, 380.
land in behalf of Sir George Radcliff, Lilburn, Votes in his Favour, 211.
464. to the Commiſſioners in Scotland, Biſhop of Lincoln gives Offence to th: Houſe
494. to the Lords Fuſtices of Ireland
of Commons, 477.
602.
Liſt of the Prime Papiſts defired by the
Letters of the Lords Fuſtices of Ireland to Houſe of Commons to be ſecuredz 662. de-
the Lord Lieutenant General concerning - bated by the Houſe of Lords, 667. of the
the Iriſh Rebellion, 514. to zbe Earl of principal Iriſh Rebels, 888.
Ormond to perfecute the Rebels, 538 to Robert and Thomas Little, Witneſſes for
the Lord Keeper and Lord Lieutenant of ihe Earl of Strafford, 54. 70.
the great Danger there, 624, to the No-Locumtenens; ſee Cuſtos Regni.
bility and Gentry informing the Diſcovery Sir Adam Loftus, * Witneſs in the Earl of
of the Plot, 628. to the Earl of Ormond Strafford's Cafe, 58, 61, 78.
concerning the ſame, 629. to the Lord | Biſloop of London a Witneſs in the Caſe of
Keeper and Lord Lieutenant concerning
the Earl of Scrafford, 82. releaſed of
the condition of the Place, 661. to the Tenths upon the Poll-Bill, 780..
Parliament about the Dunkirkers, 784. Londoners Petition againft the Earl of.
to the Privy Council, 889. to the Honje Strafford, 160. nov’dh to lend Money
of Commons , 892, 893. to the Lord 236. 407. 411. 595. 597. their con-
Lieutenant , 900, 901, 902, 911. to troverſie with the Lord Mayor about the
the Speaker of the Houſe of Commons: -- Election of a Sheriff, 318, 319.1407.
903. to the Lords of the Pale. 906. 409.referred, 413.445. determin’d, pro
Letter of the Earl of Scrafford to the King hac vice, 456. Are Mutinous, 459. Pe-
defiring him to paſs the Bill againſt him tition for a Faſt, 463. and againſt Bi-
ſelf, 190. from Newcaſtle read in the
jhops Votes, &c. 733, and for diſplacing
Houſe of Lordsy 337. of Mr. Percy to Collonel Lunsford Lieutenant of the Toip.
the Earl of Northumberland, 286. of er, 773.
Father Philips to Mr. Mountague in Londonderry in Ireland, Votes aboxt it,
France, 315. of the Queen of Bohemia
461.
of thanks to the Parliament, 411. of the Fuſtice Long ſent to the Tower for placing
Speaker of the Houſe of Lords of Ire a Guard about the Parliament Houſe
land to the Houſe of Lords of England
without their knowledge, 732. releaſed,
gives offence, 417. of the Eari of Hol 772.
land about. Disbanding, 457. of the Lord William Long a Witneſs againſt the Earl
General to the Parliament, 469. of the of Strafford, 54.
Dddddd
Long-
4
+
2
1
M
-2
-
Sporting
2
1
+
A
THE TABLE.
Longford, the inhabitants there their Leto | Mr. Audly Mervin's Speech at exhibiting
ter to the Lord Dillon, 898.
Articles againſt Sir Richard Bolton,
Lords-day Idoliz’d by the Houſe of Com 566.
nions, 325. 436. 777,
Meſſage of the King, to the Houſe of Com-
Lords Houſe Interpreters of Acts of Parlia mons concerning the Tumults diſregard-
ment in Parliament time, 625. Lords Sent ed, 189. to the Houſe of Lords concern-
for by the King, not permitted to go by the ing the ſame, 210. to the Houſe of Coma
Houſe of Lords, 836.
mons concerning the Lord Cottington,
Lorky a Witneſs againſt the Earl of Straf-
236. to the Houſe of Lords concerning
ford, 74.
Disbanding the Army, 314, 318. to the
Roger Lott a Witneſs againſt the Earl of Houſe of Commons about the Queen Mo-
Scrafford, 59.
ther, 329. to the ſame concerning the
Sir Gerard Lowther, Articles againſt him, Officers of Star-Chamber, 368. and a-
570
bout a Priest of the Venetian Ambaſſa-
Sir Thomas Lucas, a Witneſs in the Caſe dor, 394. to the Houſe of Lords concern-
of the Earl of Strafford, 86.
ing Comniiſſions, 410. to the ſame about
Soldiers for the Spaniſh Arabaſſador 457.
M.
to the ſame concerning Guards, 684. 10
both Houſes about the Scots Commiſſion-
L
Ord Macguire's Relation of the Iriſh Re ers and fome Prieſts interceded for by the
bellion, 543.
French Ambaſſador, 719, 731. to the
Mac-Mahon his Examination and Confeſſi Houſe of Lords concerning Voluntiers for
on about the Iriſh Rebellion, 521.
Ireland, 787, 789. to the Lord Major,
Managers of the Cauſe againſt the Earl of
&c. of London to ſuppreſs Tumults,
Strafford, 29. deny reaſonable time for 804., to the Houſe of Lords concerning
anſwer, 40. 54. 81. 100.
Kymbolton and the five Members, 848.
Earl of Mancheſter's. Manuſcript Memoires to both Houſes concerning Breach of Pri-
cited, 206, 209, 272. 427, 689. viledge, 858. Meſſage of the Queen
Manifeſto of the King about the Palatinate, to the Houſe of Commons about her four-
383.
ney, 405...na
Sir Philip Manwaring a Witneſs for the Meſſage of either Houſe, to the King ipon
Earl of Strafford, 78, 81.
occaſion of his Letter about the Earl of
Marches of Wales, a Bill about them, 394. Strafford, 197. to defire Bim to ſtop fome
Mariners, a Bill for raiſing them, 236, 237. Allowances, 368. of the Houſe of Com-
mons to the Houſe of Lords about a Con-
Marthal Ordered to Preach before the Houſe Spiracy to feduce the Arny, 231. about
of Commons on the Thanksgiving-day, 467. reſtraining Ecclefiaftical perſons from
and on the Faſt-day for
, Ireland, 756. medling in ſecular affairs, 242. about
receives tbe thanks of the Houſe, and a paying the brotherly aſiſtance to the
Piece of Plate of 20 1. 775.
Scots, 315. about the Charge and Trial
Maynard appointed a Manager of Evidence of the Arch-Biſhop of Canterbury, 318.
againſt the Earl of Strafford, 29. bis to the Lord Keeper, that the Judges tra-
Speech againſt the Earl of Strafford upon vel not on the Lords day, 325, about
the firſt 2 Article, 48. one of the Commiſ three Bills, 331. concerning Disbanding
,
fion to expedite
the Charge againſt the the Army, 424. about making the Earl
Arch Biſhop of Cantertury, 265. of Pembroke Lord Steward and the Earl
Lord Mayor of London quells a Tumult a of Salisbury Lord Treaſurer, 437. about
bout the Spaniſh Ambaſſadors Houſe , the Impeach'd Biſhops, 439. defiring that
187. 'his trith the Aldermens, &c. ) a convenient number of Lords ſtay in
Petition to the King about his going to the Town, 445. concerning the deſperate con-
Houſe of Commons; 841.
dition of the Kingdom, 447; Mesage
Maxwel á Witneſs againſt the Earl of Straf from the Houſe of Lords to the Honſe of
ford, 78. his rudeneſs why not taken.no Commons. by one perſon only gives.of-
tice of by the Houſe of Commons, 195. fence, 474. Message of the Houſe of
ſearches for Prieſts, 651.
Commons to the Queen about the Prince,
Biſhop of Meath an Account of hini, 535. $97. to the Houſe of Lords about Phi-
Memoirs of the Earl of Mancheſter cited, lips the Prieſt, ibid. to Forraign Am-
206, 209, 272, 427. 689.
baſſadors not to harbour Engliſh
Priests,
Memorial of the Venetian Ambaſſador a 652. to the Houſe of Lords to preſs ex-
bout breaking open his Pacquet, 640. pedition for Ireland, 750, 701, 768,
Memorials from the Scotch Commiffioners, 769. concerning a Declaration to ſup-
445.
preſs
243.
L
.
***
1
Houſe of Commons, 236. desired to be the defe Allegiance and Supremacy by
THE TABLE.
preſs Timilts, and a Guard, 789. con- Lord Nettervile's Son ordered 10 be
cerning the Lord Digby, 791. to revive brought before the Houſe of Lord, 879.
the Bill againſt Biſhops Votes, 800. that Lord Newark his Speech about the Pecrage
the Kings, Queenszand Princes Servants of Biſhops, 251. concerning their miedo
take the Oaths of Allegiance and Supre ling in ſecular Affairs,252.
macy, 814. to the Gentlemen of the Inns Lord Newburgh a Witneſs in the Caſe of
of Court and to the Common-Council of the Earl of Strafford, 83.
London, 817. about the Kings coming Newcaſtle, an Order to the Major to take
to the Houſe, 822. their Meſſage about carc of it, 753:
the Tower reječted, 835. concerning the Earl of Newport made Constable of the
Prince and Marqueſs of Hertford, 057. Tower, 230. enabled as Master of i he
concerning the adjournment to Grocers Ordnance to deliver Arins, &c. for Ire-
Hall, &c 879, 380. Meſsage from the land, 606, deſired by the Houſe of Com-
Scots Commiſſioners abont the Kings mons to refide in the Tower, 780. in-
Fourney into Scotland, 318. of the Vene form'd againſt for a deſign to ſeize the
tian Ambaſſador to the Houſe of Lords, Queen, &c. 781.
diſcharged of his con-
655
ftableſhip of the Torrer, 785: Petition of
Michaelmas Tern abbreviatėd, 238; 243. both Houſes about him, 786.
Militia enquired into by order of the Houſe Non-Reſidence; a Bill againſt it; 293:
of Commons, 230.
Earl of Northumberland a Witneſs in the
Mines Royal Order about theni, 446. Caſe of the Earl of Strafford, 82, 86.
Scandalous Miniſters a Committee about
them, 233. Factions Miniſters, their Pe-
O:
tition to the Houſe of Commons, 764.
by the
Order of the Houſe of Commons to be
continued, 255. more to be borrowed, tendred to Iriſh Recufants and others in
407, 411, 595, 597, 644. an Ordi the Inns of Court, 613. and to the Kings,
nance for ſecuring Money lént by the City, Queens, and Princes Servants, 814. the
621, 6876 Money to be conveyed to the Oath for Ireland, an Act of State and
Army, an Order for its ſafety, 415. Perition about it79. Oath of Secrecy ad-
Colonel Monk his Letter to the Lord Lien miniſtred to perfons concerned in preparing
tenant of Ireland, 919.
for the Tryal of the Earl of Strafford,
Earl of Moninouth's Specch concerning
fears, &c. 849.
Officers of the Army Petition for Pay, 660,
Sir James Montgomery a Witneſs againſt 757. Ordered a Moiety, 772. thoſe in
the Earl of Strafford, 64, 77.
Ireland commanded to their Charges,
Lord Morley Ordered to be. Tryed by his $94.and in the examinaiion of the Army
Peers for Murther, 307.
Conſpiracy, 232.
Earl of Morton a Witneſs in the Caſe of O Ncal, a Serjeant Major ſent for, 286.
''the Earl of Strafford, 82.
Committed, 490. Ordered to be examin-
Lord Mountnorris a Witneſs againſt the ed, 492,625,714. Voted to be impeach'd
Earl of Strafford, 36,39,59, 63. of High Treaſon, 754. committed to the
Lord and Lady Muskerry Iriſh Papifts3 Gate-houſe, 757. Sir Phelim O Neal
kind to the Engliſh, 635.
his Execution, 529. his Letter to Sir
William Hamilton, 895.
N.'
Opinion of the Judges, upon an exception
of the Ecrl of Strafford, 101. upon the
Ames of the perſons who made the ſea Bill of Attainder, 192. in the caſe of
veral motions towards the Declaras Ship-money, 338. in anſwer tº ſome
tion of the State of the Kingdom, 615. Queries concerning matters in Parliament,
of the chief Iriſh Rebels, 632.
: 374. concerning a Cuſtos Regni, 430.
Narrative of a Plot by Beal a Taylor, 647. Opinion of the Houſe of Lords about a
James Naſh & Witneſs againſt the Earl Commiſion for Commiſſioners to atter.d
of Strafford, 874.
the King in Scotland, 448.451. Opini-
Naſh and Kynaſton's Cafe, 258.
on of va City Divine about Epiſcopacy pre-
Navy, the State of it, 460. Debated, 757. jented to the Houſe of Commons, 302.
Order of the Houſe of Commons about Orders of both Houfes, relating to the Tri-
it, 787
al of the Earl of Strafford, 28. for the
Sir Paul Neal a Witneſs for the Earl of payment of the Poll-Money, to expedite
Strafford; 95.
disbanding, 458. for declaring the Scotch
Rebels
II.
1
!
1
N
4
##
1
1
1
THE TABLE.
A
Rebels to be loyal Subjects, 407. for ſe 613, 622, 626, 824. concerning the
curing the Money borrowed of the City, Chaid for the Parliament, 623. con-
687. for å Guard upon the Tower, 844. cerning the Second Plot in the Arniy,653.
Orders of the Houſe of Lords concerning to diſcourage Petitioners for Epiſcopacy,
new Proofs againſt the Earl of Strafford, 655. for clearing the Kings Honour
102. to ſtop the Ports, 232. to fillory from the ſcandal of the Iriſh Rebels, 689.
two Perſons for a contempt, 238. about for a Search about a Barrel of Gun-Pom-
Timults, 246,388,468, 476,603,692,
der 1,719. for Printing the Remonstrance,
856, 484, 495, 691, 718. about Ship 437. for care of Berwick, Hull and
Money in the Sheriffs nands, 264. againſt Newcaſtle, 753. concerning the Navy,
formal Speeches, 205. about Writs of 787. for a double Watch, 794. for e.
Error,272. for Proviſion for Siſters by a Guard under Major Skippon, 833; for
Brother, 367. for relief of Wife and Sir John Hotham to keek Hull, ibid. for
Children againſt a Husband refuſing to Guards and necesſary defence, 878.
cohabit, 381. concerning a Vicarage be-Orders of the Lords' Juſtices of Ireland,
tiveen Sir Peter Osborn and Thonias againſt the Rebels, 908, 910. Orders for
"Joice, 382. concerning the Arch-Biſhops preventing the ſpreading of the Flague,478.
Poll-Money, 387: for ſecuring Money Ordinance of both Houſes for Commiſ-
carried to the Army, 415. for the Lady fioners to go for Scotland, 455. for a
Wotton, 420. 457. for exemplifying Thanksgiving for the Pacification, 463.
the Afts for Prc fication and Brotherly for diſarming Recufants, 470. againſt
Aſſiſtance, 439. for examining Witneſſes Tranſporting Soldiers into the Service of
about Incendiaries, 444. for referring Forraign Princes,481. for empom?ring
the Ele&ticn.of Sheriffs of London, 445. the Lord Lieutenant of Ireland to raiſe
456. about Mines Royal, 446. concern Men, 606. forenabling the Master of
ing the impeached Biſhops, 449, 4843
the Ordnance to deliver Ammunition,ibid.
495,691,718. ſearch under the Parlia-
au horizing the Lord High Admiral 10
ment Houſe, 450. to quicken the disband-
provide Shipping, 607. for ſecuring mo-
ing; 457. concerning a Guard about the
ney borror'd of the City of London,
Parliament Houſe, 487. concerning the 621. to prohibit the Iriſh going out of
relief of Ireland, 601, 603, 626. 10 ex England without Licence, 621. upon
pel Romiſh Recuſants, out of Inns of Beal's Plot, 646. to raiſe the Trained
Court, 613. for bringing Ammunition Bands, 653.
from Hull, 643. about the Lord Lieute- Earl of Ormond ſpeeds to Dublin with his
nant of Ireland, ibid. for apprehending Troop at Sinimons of the Lords Juſtices,
Prieſts and Jeſuites, 647,648. for pui 629. is made Liersenant General of the
ting the Laws in execution againſt Ro Army in Ireland, 604. diſlodges the Re-
miſh Recuſants, 653 for ſetting aſide bels at Finglaſs, 618.
private Buſineſs, 686. concerning Books Earl of Orrery's Anſwer to P. W. quoted
ſeized by High Commiſſion, 690. that 520.
Philips be releaſed, 691. in Smith and Sir Edward Osborn 'e Witneſs for the
Busby's Cafe, 716. for reviving the Earl. of Strafford, 95. bis W'arrant for
Committee for Scandalous Pamphlets, levying, Money, 98.
723. and for Licenſe to raiſe Men for Overtures for a Treaty.with the Iriſh Rebels,
the Dutch, ibid.
917.
Orders of the Houſe of Commons that no Oxford Univerſity, their Petition to the
Members viſit the Earl of Strafford, 8. Parliament, in behalf of Epiſcopacy,305.
to inquire into the Militia, &c. 230. in
Oxfordhire Petition againſt it, 409.
behalf of Pryn, 251. about disbanding
the Armics, 286, 454. 456. concerning
the Northern Counties, 314. about Men-
bers of Committees, 319. for afternoon Acification berween the Engliſh and
Ser mons in all Parochial. Churches, 383. Scots, 430, 438.
for abſent Members, 433. that Mr. Palatinate; a debate. upon it, 328, 368.
Marſhal and Dr. Burgeſs Preach the Vore about it,373. the King's Manifeſto
Thankſgiving Sermon before thom, 407, upon it, 383. A. Palmer a Witneſs A-
about a full Houſe, 476. for Match and gainſt the Earl of Strafford, 9o. Cap-
Bullet for the Parliaments Guard,496.for tain Palmer accuſed for a Conſpiracy to
laying by private buſineſs,510.for opening ſeduce the Army, 232. Jeffery Palmer
the Irish Letters, 523. concerning relief manager of Evidence againſt the Earl
for Ireland and Iriſh Affairs, 601,003,
of Strafford, 29.
Sir
!
$
P.
.
4
1
THE TABLE.
Sir. William Parkhurſt a Witneſs againſt &c. 733. incouraged by the Houſe of
the Earl of Strafford, 91.
Conimons, 733, 735. of the Parliament
William Parkins his Speech about Biſhop concerning breach of Privilege by the
Wren, 330
King's Speech, 751. of Hertfordſhire,
Parliament meets at Weſtminſter, s. per 753. of Cheſhire for the Eſtabliſh'd Re-
petuated by an Act, 19š. their firſt Or ligion, 758, 759. of the remonftreiing
d:nance, 455: agree to a Receſs, Miniſters to the Houſe of Commons, 764.
404. Order a Guard for themſelve'; of the Iriſh Lords and Gentlemen, 709.
487, Parliament in Ireland their of the London Prentices about Church-
Queries to the Judges there, 572. their Government, &c. 775. of ſeveral Mer-
Proteſtation and Declaration againſt the charts concerning Ireland, 776. of both
Rebellion, 898. Parliament in Scotland Houſes about the Kentington Buſineſs,
their reſolutions concerning the Iriſh Re 786, of the Biſhops with their proteſtari-
bellion, 603. Tranſations betrreen them on, 794. of the wien of Bucks againſt
and the Engliſh Commiſſioners, 608. Malignants, c. 834,839. of the train-
Henry Parry a Witneſs againſt the Earl of ed Bands of Weſtminſter about dangers,
Strafford, 74. the Sentence paſt on him 839. of the Men of Bucks to the King
by the Iriſh Council
, 76.
concerning Hampden, 840. of the Lord
Sir William Parſons made one of the Mayor, &c. about the King's going to
Lords Juſtices of Ireland, 564.
the Houſe of Commons, 841. of ſeveral
Sir William Pennyman a Witneſs for the
Merchants and others againſt Sir John
Earl of Strafford, 55,86,95.his Warrant Byron, 381. of the Biſhops either to be
to his Serjeant Major to raiſe Money, tried or bailed, 883. Petition and Ad-
93.
vice of the Scots Commiſioners to the
Alderman Penington informs againſt the
King; 876.
Minister of Grace-Church, 773..
Petitioners for Epifcopacy diſcouraged, 655.
Mr. Henry Percy accuſed for a Conſpira- Sir John Pettus Knighted, 680.
cy to ſeduce the Army, 232. a Froclama- Father Philips the Queens Confeffor, 310.
ijon io ſtop him, 233. Conference labout appears 315. fent to the Tower, 594. A
: him, 245. his Letter to the Earl of Nor: Meſſage abort him from the Houſe of
thumberland about it, 286. Voted Commons to the Houſe of Loris, 597. an
Chargeable with High Treaſon, 443. Informarion againſt him, 599. the Queens
Expeil'd the Houſe of Commons, 725.
Letter concerning him, 605. petitions to
Voted to be impeach'd of High Treafon, be releaſed, 661. order of the Houſe of
754.
Lords about him, 691, and of the Houſe
Petition and Axt of State about the Oath in of Commons about his Trunk, 592. bai!-
Ireland, 79. Perision of the Yorkſhire
ed, 711.
Gentry, 92. of the Londoners against Biſhop Pierce, ſee Biſhop of Bath.
the Earl of Strafford, 160. of, the like Lord Pierepoint ordered to the Black Rod
Rabble againſt the ſame, 189. of the Earl for Words, 740. peritions to the Houſe of
of Strafford to the Houſe of Lords in be Lords and is releaſed, 742.
half of his children, 19o. of the Univer- Sir William Pierepoint his Speech at the
ſity of Cambridge, 239. and of the Uni Impeachment of Sir Robert Berkeley,
verſity of Oxford for Epiſcopacy, 305.
332.
from ſeveral Miniſters of Wales againſt William Pierſon a Wirneſs againſt the
Epiſcopacy, 317. of the Miniſters and Earl of Strafford, 94.
People of Oxfordſhire and Berks againſt Place for Trial of the Earl of Strafford a-
the ſame. 409. of both Honfes concern greed by both Houſes, 28.
ing Commiſſioners for Scotland, 451. of Plague in London, 463. Orders to pre-
Sir George Radcliff, 464. of fome Mer vent its ſpreading, 478.
chants for ſeizing parts of America, 467. Plate, a Motion that it, be brought in and
of the Settaries againſt Dr. Heywood, coin'd, 259.
Mr. Booth, Dr. Fuller and Mr. Huté Plymouth-Bill paſt, 410; .
ton, 492. of J::dge Berkley, 498. of the Plot againſt Mr. Pym by way of Plaiſter,
Parliament to the
King in Scotland, 644.
496. of öne Beal a Taylor, 646. Plot in
of Rutland for
Epiſcopacy, 56.of Officers
Army, 653. against, the Houſe of Com-
for pay, 660. of the Houſe of Commons to
mons, 836. againſt ſome Lords, 843.
accompony the Remonftrance,692.0f Hun- Pluralities, a Bill against them, 257, a Pro-
tingtonſhire for Epiſcopacy,720. of So-
viſo for Chaplains, &c. 456.
merſethire for the same, 726. of the Poll-Bill
, the Rates; 293. a Record concern-
factioiss. Londoners againſt Billups Vores,
ing it, 324. paſt the Houſe of Lords, 325:
Eeeeee
and
1
)
/
THE TABLE.
1
and the King, 327.
fioners for the Kings ſtay Fourteen days,
Poll-Money, an Order concerning it, 458. 433. of the French Ambaſſador for Sol-
Captain Pollard committed on fufpition of diers, 436. of the Scots Commiſioners
Treaſon; 288. bailed, 324, voted to have upon the difficulties of marching their Ar-
his Pay, 477. voted guilty of Mifpriſion my bome, 438. of the Houſe of Commons
of Treaſon and expelld the Houſe of Com to the Houſe of Lords about the Iriſh Re-
mons, 725:
bellion, 524. ſeveral invidious Propofiti-
Earl of Portland's Defence againſt the Com ons of the Houſe of Commons åt a Confe-
mons, who would remove him from his Go rence, 737. Propoſitions of the Scots Com.
vernment of the Iſle of Wight, 055. miſſioners about aſſiſtance for Ireland, 742,
Ports ordered to be stopt, 232.
762, 778, 782, 799. of the Houſe of
Portſinouth Garriſon, Money ordered for it, Commons about the Iriſh Parliament, 768.
449. Order of the Houſe of Commons of the Houſe of Lords to the Houſe of
for its ſecurity, 845.
Commons about the Scotch aſiſtance for
Marmaduke Potter, a Witneſs against
, the Ireland, 768. briskly anſwer'd by the
Earl of Strafford,.54.
Houſe of Conimons, 771.
Sir Herbert Price ſent to the Tower for Protections complained of by the Londoners,
bringing in Candles, without Order, 272. 509, 040. Votes of the Committee upon
diſcharged, 288
it, 510. Caſe of Mr. Benſon about it,
Prieſt of the Venetian Ambaſſador Impriſon 595. Votes about it, 596.
ed, 394. Prieſts and feſuites ordered Proteſtation of Secreſie required by the
to be apprehended, 647. Priests' Con Honſe of Commons of their Members, 11.
demn'd interceded for by the French a Proteſtation ordered to be printed and
Ambaſſador, 119, 731. Vote of the Houſe ſent into all Counties, 229. Directions for
of Commons that they be Executed, 732, taking it, ibid. taken, by fome Recuſant
740.
Lords, 237. Jeſuitically explain'd by the
Prince, fee Charles,
Presbyterian Commons, 241. A Bill for
Printer Impriſon'd for an Elegy on the Earl impoſing it rejected by the Houſe of Lords,
of Strafford, 246. bailed, 324. Print 414. impoſed on the Tower Guards.466.
ing of the Orders of the Houſe of Com Proteſtation of fix Lords again;t pub-
mons when firſt, 890.
liſhing the Order about Tumults, 483. of
Priviledge broken by giving the Lye to a both Houſes concerning the breach of Pri-
Peer, 380. by the Kings Speech, 739. and vilege by ihe Kings Speech,750. of divers
by his coming to the Houſe of Commons to Lords againſt putting off the Debate of
demand the 5 Members, 822.
the Tower, 779. of the Biſhops, 794. of
Proclamation of the Earl of Strafford con the Lords diffiuting to the Vote about the
cerning the Importation and Sale of To Lieutenant of the Tower, 882. of the
bacco, 66. Proclamation to bring in Mr. " Iriſh Parliamint againſt the Rebellion,
Percy, c. 233. for disbanding the 898.
Horſe, 429. for eſtabliſlııng Religion, Pryn, ordered to be reſtored to Lincolns-
730. for abſent Members to attend, 736.
againſt Tumults, 786. for ſuppreſſing the Public Faich, a Bill for it, 437.
Iriſh Rebellion, 809. Proclamation of Pury, an Alderman of Glocelter, bis Speech
the Lords Julices of Ireland for ſtopping againſt Deans and Chapters, 289.
the Rebellion, 522. for ſatisfaction of the Sir Robert Pye a Witneſs againſt tbe Earl
Lords and Gentlemen of the Engliſh Par of Strafford, 39.
liament, 631. for ſtrangers to depart Pym moves for a Grand Committee about
Dublin, 637, 638. againſt the Calumny Iriſh Affairs, 5. one of the Committee to
of the Rebels acting by the Kings Commiſ prepare a charge againſt the Earl of Straf-
fion 638. forbidding Soldiers to return to ford, 7. impeaches him in the Houſe of
England, 918.
Lords, ibid. delivers the Articles againit
Propolition concerning Eccleſiastical Af bim, 8. bis Speech upon that occaſion, 9.
fairs preſented to the Houſe of Commons, carries up Articles of further Impeach-
301. ten Propoſitions of the Houſe of ment, 11. appointed a manager of Evidonce
Commons 10 be preſented to the King upon againſt him, 29. bis Speech at the Trial
his going for Scotland, 3 10. debated, 317, 30. bis Reply to the Earl of Strafford's
373: fime new heads added, 394. Pro defence, 4.7. bis Speech at fumming up the
politions of the Scots Commiſſioners, and Evidence, 145. bis Speeches ordered to be
The Anſwer of the Engliſh Commiſſioners Printed, 237. Order to stop a Suit an
for concluding the Peace, 421. of the gaitist bim, 393. his Report of what had
Houſe of Commons to the Scots Commiſ
. been done during the Receß, 488. a Plot
againſt
Inn, 251.
+
+
1
THE TABLE .
11
M
715.
1
againſt him, 496. bis Speech at the Con: Parliament, 259. anſwered by the House
ference for excluding the Bufhöps from vo of Commons, 260. Reaſons agairiſt the
ting in the caſe of the thirteen impeach'd, Queens Journey in the Spaw, 391. againſt
5oo. bis Speech concerning evil Councel the King's-Journey to Scotland, 430. of
lors, 019. Impeached of. Higls-Treaſon, the Houſe of Commons for fitting on the
811.
Lord's Day, 436. of the King för not
figning the Commiſſion ſent into Scotland,
e
409. of the Houſe of Commons, for le-
curing Popilli Recufants; 654 of the
Uæric's pui'to the Judges about mid:ters ſame for remoz'ing ihe Earl of Portland
in Parliament; 37. Queries propo from the Government of the Iſle of Wight,
Jed by the Iriſh Parliament to the Judges 055. for forming the Cavalres into Re-
there, 572, 575, 584.
giments, 685. for continuing tbe Glárds,
Queen preſent at the Trial of the Earl of
087. againſt the Biſhops Dernurrer,
Strafford, 29. a Conference about her Rebels in Ireland, the Names of the princi-
Fourney to the Spam, 390. Reaſons - pal, 888. defeat the Engliſh Relief for
gainſt it, 391. a Meſſage to her about it, Tredagh; 904. are repelld by Sir Ar-
392. ber anſwer; 393. her Meffage to thur Syringham, sos, and diſlodged at
the Houſe of Commons about it, 405. an Finglafs by the Earl of Ormond, 918.
ſwer to their thanks, 406. he anſwer a- Receſs of the Parliament debated, 403. a-
borit the Capuchins, 448. complemented by greed, 464. Committee of Lords for that
the Commiſſioners of both Houſes for Scot time, 481: of the Commons, 486. Report
land. 452. her Anſtrer, 456. Meſſage of that was dore dirring the time, 488.
to her about the Prince, 597. her Anſwer, Record relating to the Poll-Bill,.324.
ibid. her Anſwer concerning Fa. Philips, Recorder of London his Speech to the King
605. Information of a deſign to ſeize ber, at his return from Scotland, 675. Knight-
oć.781.
ed, 676.
Queen Mother, a Conference of both Houſes Recufant Ebids fome take the Protéftation,
about her, 237, 247. Tumilts about ber, 237.
ibid. a Meſſage concerning her, 329.
Recufants voted to be di farmed, 450, 457,
Mr. Quelch Miniſter of St. Bennet Grace 489. an Ordinance for it, 470. and Iit-
Church informi'd againſt by Alderman Pe ftru&tions to Commiſſioner's for it, 473.
nington, 776. bailed, 884.
Lords and Cominions agree to pit the Law's
Grand Queſtion concerning Billsops Votes in in exéčitiost againſt them, 6 15. an Order
Capital cauſes, an Abstract of it, 563. for it, 053.a Liſt of the prime Recuſants
deſired by, the Houſe of Commons to be fc-
R.
cuired, 662. debated by the Houſe of Lords,
667.
R
Abble Tumult about the Spaniſlı Em- Regiment of Horſe and Foot, the Charge
baſſadors houſe, 187. stop the Lord of cacts, 6.12.
High Steward 188. poſt lip the conſcien- Remonſtrance from Ireland, 36, 56. of the
tious Members under the name of Straf Iriſh Rebels, 555. nf the State of the
fordians; Ibid. They Perilion against K'ingdom by the Horiſe of Commons; ſee
him, 189
Declaration.
Raby, the Title of Baron of it conferred Requeſts, ſec Coiirt.
on Sir Tho. Wentworth, 3.
Reward zoted to Connelly for diſcovering
Sir George Radcliff impeach'd by the Houſe the Iriſh Rebellion, 524.009.
of Commons, 8. has liberty to take the. Sir Edward Rhodes, all'ineſs for the Earl
Air, 412. his Petition to the Houſe of
of Strafford, 95.
Lords, 464. Articles against him by the Cardinal Richelieu chargʻd with fomenting
Honjé of Gommons, of Ireland, 570.
the Iriſh Rebellion, 897.
Rails about the Communion Table pulld, Dicke of Richmond introduced into the
down by the Scetaries, 2:31, 322, 389. Houſe of Lords, 436.
trouble about there, 491.
Lord Roche a Witneſs againſt the Earl of
Railton, a Witneſs for the Earl of Straf Strafford, 74. one Roche his Letter in-
ford, 54
tercepted, 896.
Lord Ranulagh a Witneſs in the Caſe of Root and Branch Bill, 248, 257.
the Earl of Strafford, 36, 57, 59, 83. Roſetti the Popes Nuntio departs that Realm,
70, 71.
328.
Rebellion, fee Iriſh.
Sir Benjamin Rudyard h's Speech about E-
Reaſons of the Lords for Biſhops vioring in piſcopacy, 249, 298. about the Palatinate,
328,
1.
1
t
4
1
1
1
THE TABLE.
A
1
>
+
338.
!
܀
328, 379againſt ſuffering either the Sheldons Seized upon account of Beals Plot,
French or Spaniſh to have the Disbanded 648. acquitted, 686.
Souldiers, 465.
Shepherd, a Rioter releas?d, 328.
Rucland Petition for Epiſcopacy, 656. Ship-money in Sheriffs hands ordered to be
return'd, 264. a Bill againſt it, 294.
S.
412. Opinion of the Judges in the caſe,
L
Oord Saint John of Bletſo introduced Sheriff of London, & Controverſie about the
into the Houſe of Lords, 244.
Election of one, 318, 319. 407. 409.
Saint John one of the Commiſſioners to pre referred, 413. 445. determin’d pro hac
parc the Charge againſt the Earl of Straf vice, 456. Petition of the Lord Mayor
ford, 7. appointed a Manager of Evidence upon it, 459.
againſt him, 29. bis Argument for pal Siſtersreliev'd by order of the Houſe of Lords
ſing the bill of Attäinder againſt the Earl about « Brother, 367.
of štrafford, 162. one of tbe Committee Shippon ordered to command the Guard of
10 Expedite the Charge againſt the Arch the Houſe of Commons , 83.3. has the
Biſhop of Canterbury, 265. his Speech at thanks of the Houſe, 838. ordered to ſend
tbc Conference for Excluding the Biſhops Scouts by Land and Water, 859.
Votes in the Gaſe of the thirteen Impeach'd, Slingsby, a Witneſs for the Earl of Straf-
501.
ford, 54. 56. 86.
Earl of Salisbury made Lord Lieutenant of Small, a Miniſter, a Vote in favour of him,
Dorſetihire, 236. has leave to follo. 416,
ſome buſineſs in the Houſe of Conimons, Smart that Articled againſt Biſhop Coſins
761.
rewarded, 406.
Robert Salmon a Schoolmaſter, a Witneſs Sur Robert Smith, a Witneſs againſt the
againſt the Earl of Strafford, 78.
Earl of Strafford, 74.
Salvo ertred by the Biſhops, 231. by the Mr. Smith a Miniſter Committed to the
Lords, 325. for the Fudges of the Court.
Gate-Houſe for words againſt the Par-
of York, 388.
liament, 244. one Smith's Cafe, 716.
Sandeland a Clergy-man releas’d, 244. Smith á Suſpended Miniſter, a Vote in his
Mr. Savil « Witneſs againſt the Earl of „Favour, 319.
Strafford, 69,
Soap buſineſs, Votes about it, 512. Delin-
Lord Say made Mr. of the Court of Wards, quents concerning it fent for by a Serjeant
246. bis Speech againſt Biſhops Votes, at Arms, 513.
266.
Souldiers Mutinous for want of Pay, 269.
Scotch Invaſion how Chargeable to England, Tranſportation of Soulaiers, a Conference
426. that they were Invited hither, 427 about it, 477, 479. an Ordinance againſt
Scotch Rebels by Order of both Houſes de it, 481. a Vore that Disbanded Souldiers
clared faithful Subjeits, 467. their Com may go beyond Sea, 495. a Bill for Pref-
miſſioners complain of delays in the Treaty ſing, 740
for Ireland, 761.
Somerſethire Petition for Epiſcopacy ,
Seamen, a Rill for Preſſing them read, 236, 726.
237: 777, 797. paſt, 861.
Earl of Southampton queſtion’d for Words,
Search for Arms at Lambeth, 236. about 846.
the Parliament Houſe, 846. for Arms at Sra iſh Ambaſſador's Houſe beſet by the
ſeveral Places, 847, 848, 859.
Rout, 187.
Secreſie required of Perſons concern'd in Ex Speaker of the Houſe of Commons his Let-
aminations againſt the Earl of Stratford, ter to Sir Jacob Aſhley, 228. bis Let-
1 1. and in the Examinations about the ter to the Army , 235. Speaker of the
Conſpiracy in the Army, 232. Strange.Se Houſe of Lords, their Vote about the choice
creſie of the Iriſh Conſpirators, 632. of him, 438.
Mr. Seldon appointed to aſſist at the Ex- Speech of the King to both Houſes concern-
amination of Witneſſes againſt the Earl of ing the Earl of Scrafford, 186. in anſwer
Strafford, 11. oppoſes the Bill of Attain to the Speaker upon paſſing the Bill for
der againſt him, 152. one of the Com Tonnage and Poundage, 380. at palling
mittee to Expedite the charge againſt the the Bill againſt Stare-Chamber and High-
Arch-Biſhop of Canterbury, 265. Commiffior Courts, 327. to the Scorch
Sermons ordered to be in tbe Afternoon in Parliament, 453. in anſwer to the Re-
Cathedrals, 288, and in all Parochial corder of London at his return from
Churches, 383
Scotland, 676. to both Houſes upon the
William Shales accuſer of Mr. Henry Bcc Same, 780. to the ſame concerning, Ire-
dingfield, 662.
land,
1
*
K 제
​1
}
1
ley, 349. of Mr. Hollis in behalf of Strode one of the Commitee to prepares
THE TABLE
land, 738. tỏ the Houſe of Commons at King, upon his return from Scotland, 675;
his demanding the five Members, 820. of the Lord Kimbolcon at his Impeach-
Speech of Mr. Pym after reading the Ar ment, 815. of Hamden at his, 817. of
ticles againſt the Earl of Stråford, 9. Mr. Grimſtone concerning breach of
of the ſame at his Tryal, 30. of the Earl Priviledge, 825. of Glyn about the fame,
of Scrafford in defence of bis Preamble, 827. of the Earl.of Monmouth about
40 to 47. of Pym in Anſwer to it, 47. fears, 849. of Sir Philip Stapleton con-
of Maynard upon the firſt Article againſt cerning the Lord Digby and Collonel
the Earl of Strafford, 48. of the Earl of Lunsford, 870. of Mr. White againſt
Strafford upon Summing up the Evidence the Biſliops, 885. formal Speeches de
against him, 104 10123. of Glyn up clared unparliamentary by the Houſe of
on the ſame, 124 to 145. of Pym upon Lords, '265.
the ſame, 145 to 152. of the Lord Dig- Stanneries, fee Court.
by upon paſſing the Bill of Attainder, 157: Sir Philip Stapleton, a Witneſs in the caſe
of the Earl of Strafford upon the Scaffold, of the Earl of Strafford, 92.
199. of William Thomas againſt the Statute of 11. H. 7. cited, 97.
Biſhops, 211 to 226. of Sir Edward Star-Chamber, a Bill for taking it away,
Deering, upon the Bill for Abolition of 258, 324. paſt, 271, 327. a Melage
Epiſcopacy, 248. about Epiſcopal Goa
about the Officers of it, 368. a Report
vernment, 295- concerning the Commu-
about them, 389.
nion-Table, 493. concerning bowing. at Earl of Strafford a ſhort account of his rife,
the Name Jeſus, 610, about the De 2, 3, 4. inveigh'd againſt in Parliament
claration of the State of the Kingdom, by Sir John Clotworthy, s. adviſed
664, 668. of Sir Benjamin Rudyard to withdraw, 6. Impeachd by the Com.
upon the Bill
for Abolition of Epiſcopacy, mons, 7. taken into Cuſtody, 8. fent
249. about Biſhops, Deans and Chapters, to the Tower, 10. bis Anſwer to the
298. about the Palatinate, 379. againſt Impeachment, 20, to 27, brought to his
parting with the Disbanded Soldiers, 465. Tryal, 29. his ſeveral Defences, ree
two Speeches of the Lord Newark cun Defence; taken with a fit of the Stone,
cerning Biſhops, 251, of the Lord Say 100. Bill of Attainder againſt him, 103.
againſt Biſhops
Votes, 266. of Sir Henry past by the King, 195. he Petitions for
Vane againſt Epifcopal Government; 276.
his Children, 196. his carriage at bis
of William Thomas againſt Deans and
Death, 198. bis Speech upon the Scaf-
Chapters, 282, of Mr. Pury againſt the fold, 199. Epitaphs upon him, 204, 205.
Same,289. of the Speaker of the Houſe of his Wife and Children interceeded for by
Commons to the King at paſſing the Bill the Houſe of Lords, 237. his Death of
for Tonnage and Poundage, 307, 706. what miſerable conſequence to Ireland,
and of the Bill for 'Poll-money, 326. of 537.
Sir Simon D'ewes about the Poll-Bill, Lord Strange his Letter of dangers in Lan-
322. of Sir William Parkins againſt
caſhire, 650.
Biftsop Wren, 330. of Sir William Pi- Strangers by Proclamation commanded to
errepoint at the Impeachment of Sir Ro. depart Dublin and the Suburbs, 637.
bert Berkley, 332. of Mr. Hide at Sir John Strangeways his motion againſt
delivering the Articles againſt the Lord
Tumults ſlighted, 259.
Chief Baron, &c. 343. of Mr. Waller Sir Robert Strickland a Witneſs in the
at the Impeachgrent of Mr. Fuſtice Craw caſe of the Earl of Strafford, 93.
Sir Randal Crew, 365. about the Pa Charge againſt the Earl of Strafford, 7.
Latinate, 378. in juſtification of the Votes impeach'd of High-Treaſon, 811.
for taking the Proteſtation, 416. of Sir Subſidies fix, the Bill for them paft, 243
Simon D'ewes about the Palatinate, 368. Subſidies granted by the Clergy, 391,
of Sir Thomas Widdrington at delive Summary of Evidence against the Earl of
ring the Articles againſt the Biſhop of Strafford, 104.
Ely, 395. of Pyni at a Conference about Superinduction to a Rectory, A Cafe upon
Excluding the Biſhops Vutes in the caſe it,.511.
of the shirteen impeached, sooi of Mr.
T.
Sa John about the fame, soi. of Aud-
ley Mervin at exhibiting Articles of
Treaſon againſt Sir Richard Bolton Color
Commons , 785.
Ollonel Taaf committed by the Houſe
$56. of Pym, againſt Evil-Councellors,
619. of the Recorder of. London to the Mr. Taylor an honeſt Burgeſs of Windſor
Ffffff expellid
1
។
I
THE TABLE. ,
1
1
ford, 53.
1
expelld the Houſe, and committed to the
by the House of Commons, 709. diſa-
Tower, 257. diſcharged, 286.
vom'd by the Common-Council of Lon-
Sir Jobn Temple his Letter from Ireland, don, 712. 893. more Tumults, 781,788,
37!.
789,792. a Committee of the Lords. so
Tețm abbreviated 238.
conſider
, upon them, 781. Still favour'd
Thanks ordered to the Queen by the Houſe by the Faštions Commons, 784,790,792,
of Commons, 405. to the Earl of Briſtol 838. a Proclamation againſt them, 786.
by the Houſe of Lordsy 430. to the Mesſage from the Houſe of Commons A-
Lord General by the ſame, 496. to Cala-
bout them, 789. Tumultuary Petitioning
my and Marſhal by tbe Houſe of Com. encouraged, by the Houſe of Commons,
mions, 775. by the ſame to the Train'd
735.
Bands , Sheriffs And Major Skip Sir Arthur Tyrringham a Witneſs for the
pon, 838. to the Inhabitants of Bucks, Earl of Strafford, repels the Iriſh Re-
884. to the Scots Commiſſioners, 887. bels ar Liſnegarves, 906.
William Thomas his long Speech against
the Biſhops, 211, to 226. Another Speech
V.
againſt Deans and Chapters282.
Thorp á Witneſs against the Earl of Straf-Sir Henry Vane Enemy to the Earl of
Strafford, and why, 3. a Witneſs againſt
Tobacco, two Proclamations of the Earl of him, 82, 83, 84. his Speech against É-
Strafford about the sale of it, 66. piſcopal Gouernment, 276. bis Letter to
Toleration of the Popiſh Religion in Ire the Lords Juſtices of Ireland, 565.
land, Vates and Debates about it, 737, Sir Henry Vane junior produces a Paper
754.
pernicious 10 the Earl of Strafford, 103.
Tonnage and Poundage, a Bill for it, 257. an Account of it, 208.
294, 308, 381, 383, 447, 687,708. Captain Ven a godly Complainant, 496..
Tower of London, a Conference ahout the Venetian Ambaſador, a Priest of his Re-
Lieutenant there, 773, 778, Order of tinue impriſon'd, 394. he complains of the
the Houſe of Commons about it, 775. breaking open his Pacquet, 640. Anſwer
their Declaration upon it, 778.
of the Houſe of Lords, 1641. his re-
The Conſtable deſired by the Houſe of Com ception of it, 643. a Melage from bim,
mons to reſide there; 780. A Meſſage to
655
the Houſe of Lords abort it, 835,
844. Vintners Caſe againſt Alderman Abel and
Trained Bands raiſed to guard the Par Kilvert, 256.
liament;. 492. thoſe of Weſtminſter Voluntiers come in for Ireland, 772. Mef-
their Pesition to the Houſe of Commons, Sage from the King about them, 7877
839.
789, 793.
Earl of Traquair, a Witneſs in the caſe of Votes of both Houſes concerning the Iriſh
ibe Earl of Strafford, 82.
Affairs, 600, 642,643,729,755,762,
Treaty between the Lords, &c. of the Pale
772, 778, 791. concerning Breach of Pria
and the Ulſter Rebels, 907. with the
viledge, 741.
Iriſh Rebels propoſed, 217.
Votes of the Houſe of Lords.upon debating
Tredagh opportunely garriſon'd, 636. Re the Bill concerning the Biſhops, 255. A-
lief for it unfortunately defeated, 905, gainſt the Nero Canons, &c. 285. concern-
Mr. Baron Trevor impeach'd by the Houſe ing the Council at York, 388. about the
of Cominops, 343. Articles againſt him, Impeachment of the Biſhops , 448. com-
352. Mr. Trevor ordered to be of
cerning the Commons Declaration, 483.
Council for the Biſhops,648.
Votes of the Houſe of Commons after the
Tryal of the Earl of Strafford the man-
hearing of the Earl of Strafford, 152,
ner agreed by both Houſes, 36.
wpon the Bill of Attainder, 157. in favour
Tumult about the Spaniſh Ambaſſadors of Lilburn, 211. againſt Mr. Finch Vi-
Houſe, 187.another on 4 ridiculous occafi car of Chriſt-Courche London, 233.
on, 192, a Conference about them 245.or Mr. Ahron Vicar of Painſwick, 238.
der of the Lords about them,246.Tumults Dr. Uty Rector of Chigwel, 246. the
about the Queen Mother, 247. diſturb Scots
. deſire of Uniformity in Religion be-
people at the Communion, 271. Order tween the two Kingdoms, 246, Walker a
abont them, 275, 291, 393, 395. Tu Fa{tions. Preacher, 250. Captives at Al-
mults about the French Ambaſſador,468. giers, 254. in favour of the Scots, 255.
Order about them, 476, 603, 692, 856.. about the Cuſtomers, 258. Collonel Gor-
Judges report the Statutes in force au ing, 272. the Council. Board, 324. one
gainſt thomz. 709. But they are favoured Faunt, 324, Biſhop Wren, 330. Prie
viledge
1
THE TABLE.
be doubled, 794.
ford, 70
i
viledge in the Caſe of Hollis, 331, 373. William Peniman to his Serjeant Major
the Palatinate, 373. Ambaſadors enter to raiſe Money's 93. of Sir Edward
taining Prieſts Natives of England, 373. Osborn to Levy Money, 08. of the
Bill for aboliſhing Epiſcopacy, 380. Par King to Sir John Byron, Lieutenant of
piſts, ibid. the Manifeſto, 386. Lord the Tower, 845.
Digby's Speech 389. the Conſpiracy to Watch ordered by the Houſe of Commons to
ſeduce the Army, 407, 408. a Vice-Roy
in the Kings abſence, 412. taking the Pró- Welch Petition, 317.
teſtation and impeaching the Biſhops, 415. Sir Anth. Welden, a Conjecture concerning
Conmiſioners to be ſent into Scotland, him, 838.
439. One Small a Minister , 446. onc Welch a Witneſs againſt the Earl of Straf-
Cooper, 454. London-Derry,461. dif-
.
banded Souldiers, 466, 495. Communion. Chriſtopher Wendeford Eſquire made Lord
Table, 475. their Declaration, 483. the Deputy of Ireland, soo. dies, 564.
Soap buſineſs, 512. ſelling Protections, Wentworth fee Strafford.
596. Collonel Lunsford, 780. Earl of Sir George Wentworth a Witneſs for the
Briſtol, 793. the Biſhops their Petition Earl of Strafford, 57. preſent upon the
and Proteſtation, 196. Sealing of ſome Scaffold at the Execution of the Earl of
Trunks, &c. 813.-4 Committee at Guild- Scrafford, 199.
Hall,
823. the Licutenant of the Tower, Weſton Lord Treaſurer
, his acquaintance
846. the Attorney General, 874.
with Sir Thomas Wentworth, z. Mra
Vox Populi, a Libel againſt Biſhops and
Baron Weſton impeached, 343. Articles
Common-Prayer, 807.
againſt him, 356.
Arch-Biſhop Úlher preſent with the Earl Lord Wharton a Witneſs in the Caſe of the
of Scrafford at his Death, 198. an Ab- Earl of Strafford.
93.
Stract of his opinion of the Apoſtolical In- Mr. Whitacre ſent to the Tower for breach
ſtitution of Epiſcopacy, 279. ordered to of Priviledge, 374
Preach before tbe Houſe of Lords on the White Chairman of the Committee for ſcant
Faſt day for Ireland, 754.
dalous Miniſters, 233, 238, 246. One of
Dr. Uty Voted a Scandalous Miniſter,
the Committee to expedite the charge a
246.
gainſt the Arch-Biſhop of Canterbury:
205. bis Speech againſt Biſhops, 885.
W.
Whitlock ſent to the Lords by the Houſe of
Commons to aver the accufation of the
Earl of Strafford, 36. one of the Com-
WAde a Witneſs againſt the Earl of
Strafford, 74.
mittee to expedite the Cbarge againſt the
Waferer a Clergy-man in Cuftody, releaſed, Arch-Biſhop of Canterbury, 205.
Sir Thomas Widdrington carries up the
Waldron a Witneſs againſt the Earl of Articles againſt the Biſhop of Ely, 329.
Strafford, $8.
bis Speech at the delivery of them, 395.
Walter a Faétioks Preacher reſtor’d by the Sir William Widdrington ſent to the Top-
Houſe of Commons, 250. Walker a er by the Houſe of Commons about Candles
Phamphleteer againſt Biſhops ſent for, 272. diſcharged, 288.
763.
Wife and Children relieved againſt a Hus-
Wall a Door-keeper committed to the Fleet, band refuſing to Cohabit, 381.
650. releaſed, 655. reſtored to his place, the of Wighty a motion of the Houſe of Comé
660.
mons that it be put into ſafer bands, 5249
Mr. Waller's Speech at the Impeachment of 608,650. their reaſons, 655.
Juſtice Crawley, 349.
Biſhop Williams a Witneſs againſt the Earl
Elias Walley ſent for as a Delinquent, of Strafford, 89. Wi. Williams called
245.
to anſwer breach of Priviledge, bailed,
P. Walſh-bis. Narrative of ſome matters 377
moving the Iriſh to Rebel, 557.
Mr. Williamſon in Cuſtody for a Sermon;
Sir Edward Warder & Witneſs in the caſe baild, 780.
of the Exrl of Strafford, 39. accuſed for Sir Francis Willoughby Governor of Dub-
A Conspiracy to ſeduce the Army, 232. 'lin Caſtle. 628
Warrant from the King to the Earl of Straf- Lord Wilmot a Witneſs for the Earl of
ford to make uſe of 40000 l. of the Trea Strafford, 60.
fure, 42. of the Earl of Strafford to the Commiſſary Wilmot ſent to the Tower on
Biſhop of Down concerning Contemners of fufpition of Treaſon, 288. baild, 3177.
Eccleſiaſtical Juriſdi&tion, 63. of Sir voted guilty of Mifpriſon of Treaſon and
expelld the Houſe,725. Marqueſs
244.
1
THE T. AB L E.
'
Alarqueſs of Winton, an Information of Strafford, II, 35, 36, 53.
Arms in his Houſe, 453. has leave to fell Toby Wood Committed to Newgate for
them, 600.
1. Treaſonable' Words, 817.
Biſhop of Winton diſclaims the Petition and Lady Wotton a Recuſant Peereſs, an Or-
Proteſtation of the Biſhops, 799.
der about her, 420, 457.
Sir Thomas Wiſeman a Witneſs againſt Sir John Wray ſmells Gun-porder, 192.
the Earl of Strafford, 89.
Biſhop Wren Articled againſt, 329. the
Wilhert's information that Cardinal Riche Articles, 298, releas'd of Tenchs upozz
lieu fomented the Iriſh-Rebellion, 897. the Poll-Bill, 780.
Witneſſes examined againſt the Earl of 'Writts of Error, an Order about them, 272.
1
1
F IN IS.
1
។
H
1
中
​1
中
​THE
|
北
​T
;
4
Hings
GENERAL LIBRARY,
UNIV. if vilchi
MAY 19 12..
..
SR
4.
A
4
;
F
:
L
1
$
1
:
T
*
+
:
.
+
J
1
.
phile the