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THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


• 


THE 

PARLIAMENTARY 

O    R 

CONSTITUTIONAL 

Hiftory  of  England; 

BEING    A 

FAITHFUL  ACCOUNT 

Of  all  the 

Moft  remarkable  TRANSACTIONS 

In  PARLIAMENT, 

From    the    earlieft    TIMES, 

TO  THE 

Reftoration  of  King  CHARLES  II. 

COLLECTED 

From  the  RECORDS,  the  JOURNALS  of  both  HOUSES,  original 
MANUSCRIPTS,  fcarce  SPEECHES,  and  TRACTS  ;  all  com- 
pared with  the  feveral  Contemporary  Writers,  and  conne&ed, 
throughout,  with  the  Hiftory  of  the  Times. 

By    SEVERAL      HANDS. 

Juvat  integros  accedere  Fontes. 
VOL.    X. 

From  the  Meeting  of  the  Parliament  after  the  Recefs,  Qttober  20,  1641, 
to  May  19,  1642. 

The    SECOND     EDITION. 

LONDON, 

Printed,  and  fold  by  WILLIAM  SANDBY,  agairift  St.  Dunftans  Churck, 
Fleet-Strut.     MDCCLXII. 


THE 


Parliamentary  Hiftory 


O  F 


ENGLAND. 


N  the  20th  of  Ofiober  both  Houfes  An.  17.  Car.  I, 

of  Parliament  met  again  at  JFeJlmin- 
Jler,    according   to  Adjournment  ; 

when  Mr.  Pymme,  one  of  the  Com- 

mittee of  the  Commons,  appointed  The  Parliament 

to  fit  during  the  Recefs,made  a  Re- 


port  to  that  Houfe  of  what  had  happened  in  that 
Interval,  as  follows  a  : 

«  The  firft  Thing  we  had  in  Charge  was  con-  Mr- 
cerning  the  Declaration  of  the  Houfe  relating  to 
Innovations  :  The  Committee  have  fent  divers  of  the  Committee 
them  into  the  Country,  and  have  found  that,  in  during  the  Re- 
fome  Places  where  there  were  good  Minifters,  they  cefs* 
were  entertained,  and  in  fome  other  Places  they 
were  neglected  ;  but,  for  the  moft  Part,  it  is  by 
thofe  that  have  been  queftioned  here  for  other  Mat- 
ters.   The  Committee  took  into  Confideration  the 

VOL.  X.  A  In- 

a  This  Report  is  very  imperfedlly  given  in  Rujbioertb's  Cs/le*- 
tions  j  but  it  ftands  thus  in  the  Journals, 


1272159 


2       The  Parliamentary  HISTORY 

An.  ,7.  Car.  I.  Intention  of  the  Houfe,  concerning  the  publifhing 
1641-        of  this  Declaration ;  therefore  they  gave  Direc- 
4— — v— -J    t'l0ns  to  require  the  publishing  thereof  in  Churches, 
oaober.      and  that  the  churchwardens  might  fee  the  Execu- 
tion thereof.     Some  Particulars  concerning  this 
will  come  in  a  fpecial  Report,  which  I  mail  now 
only  touch  upon  in  the  general,  in  regard  of  the 
great  Importance  of  the  Bufmefs  firft  to  be  confi- 
dered  of  this  Day,  touching  the  Troubles  in  Scot- 
land, of  which  1  mail  give  you  an  Account. 

«  The  next  Thing  the  Committee  did  take  into 
Confideration,  was  the  Correfpondency  with  the 
Committee  in  Scotland,  in  receiving  Letters  from 
them,  and  fending  Anfwers  unto  them.  I  fhall  not 
need  to  produce  their  feveral  Letters  now,  it  will 
take  up  too  much  Time ;  but  the  chief  Point  was 
touching  the  Difbanding  of  the  Army,  and  the  two 
Garrifons  of  Berwick  and  Carlijle.  For  Carlijle ;  it 
is  totally  difbanded,  and  the  Soldiers  fent  into  Ire- 
land,  to  be  placed  there,  as  they  were  before  in  the 
King's  Army ;  for  we  did  conceive  it  fitter  thofe 
hew  Men,  now  in  the  King's  Army  there,  mould 
be  difmifled ;  and  thofe  that  were  formerly  taken 
from  thence  mould  be  entertained  again,  for  we 
hear  a  good  Report  of  their  Carriage  at  Carlijle. 
As  for  theGarrifon  at  Berwick ;  that  requir'd  longer 
Time  of  Confideration  at  the  Committee ;  for  be- 
fides  the  demoliming  of  the  Works,  (which  was 
much  preffed  by  the  Scots,  and  feconded  by  a  Letter 
from  his  Majefty  out  of  Scotland)  there  was  a  Want 
of  Moneys  yet  the  Committee  got  fufficient  to  dif- 
band all,  and  fent  it  down  :  And  becaufe  the  Scots 
Commiffioners  deiired  to  know  a  certain  Day  of 
our  Difbanding,  and  then  they  would,  upon  Know- 
ledge of  that,  difband  their  Forces  ;  thereupon  the 
Committee  fet  down  the  1 5th  of  Otlober  to  be  the 
laft  Day  of  Difbanding.  And  the  Letter  Yefterday 
received  from  Sir  Michael  Ernley  fheweth,  that  he 
hath  Money  enough  to  difband  all ;  and  the  Horfe 
are  difbanded,  and  fiveCompanies  of  Foot:  And  that 
on  Friday  laft  the  other  Companies  of  Foot  remain- 
ing had  been  difbanded,  but  a  Letter  came  from 

Sir 


Q/*    ENGLAND.         3 

Sir  Henry  Vane^  in  his  Majefty's  Name,  requiring 
to  ftay  the  Difbanding  of  the  reft  till  further  Or- 
der, of  which  you  mall  hear  more  particularly 

,         T  %        T-*  /•          T%  ' 

when  I  come  to  that  Part  of  my  Report. 

*  For  the  Arms  and  Ammunition  at  Carlijle ;  the 
Committee  gave  Order  for  the  Lifting  and  Safe- 
laying  of  them  up,  to  be  well  kept  till  the  next 
Spring,  when  it  will  be  more  feafonable  to  fend  for 
them  away,  they  being  now  five  or  fix  Miles  from 
the  Sea- Side,  which  would  have  taken  now  too 
much  Time  to  have  fhipp'd  them:  And  Sir  George 
Dalfton  and  others,  Members  of  the  Houfe,  are 
defired  to  take  Care  of  the  fafe  keeping  of  them  in 
the  mean  Time. 

'  For  the  Ammunition  at  Berwick ;  the  Com- 
mittee have  fent  fix  Ships  to  tranfport  the  fame  to 
the  Tower-,  and  agreed  with  them  for  a  certain 
Sum  for  the  doing  thereof  within  fuch  a  Time; 
and,  if  they  (laid  longer,  to  have  fo  much  per  Diem 
for  Demurrage. 

4  The  next  Thing  we  took  into  Confideration 
at  the  Committee,  was  concerning  Tumults ;  tho' 
we  cannot  fay  there  were  any  great  Tumults,  yet 
there  were  Seeds  fown  which  might  have  occafion- 
ed  fome  in  the  Execution  of  the  Order  of  the  Houfe 
touching  Innovations  :  But  I  (hall  make  a  particu- 
lar Report  of  thofe  Parimes  where  they  were  at 
Blows,  and  likely  to  come  to  Blows,  if  the  Com- 
mittee had  not  fought  the  Prevention  of  it;  which 
was  the  G  round  why  the  Committee  entertained 
their  Petition. 

«  There  was  another  like  Trouble  and  Sign  of 
Tumult,  by  the  frequent  Refort  of  Troopers  to 
Town,  and  to  the  Committee ;  who  deliver'd  thirty 
feveral  Petitions  to  the  Committee,  in  their  own 
Names,  and  the  Names  of  other  difcontented  Per- 
fons  in  the  Army.  We  could  not  refufe  to  accept 
their  Petitions,  left  they  fliould  grow  to  Tumults ; 
and  of  their  Complaints,  and  the  Nature  of  them, 
I  fhall  give  a  particular  Report ;  but  the  Commit- 
tee did  vote  nothing  concerning  them.  It  will  be 
very  fit  to  refolve  fomething  concerning  them,  that 
A  2  they 


4       The  Parliamentary  HISTORY 

An.  17.  Car.  I. they  may  depart  the  Town;  for,  under  the  Name 

'  1641.        of  Soldiers,  many  Robberies  are  done;  which  oc- 

*-— -v— -*    cafioned  the  Committee  to  give  Order  that  all  of 

oaot*r.      them^  that  deflre  to  have  paffes  to  go  beyond  Sea, 

might  have  the  fame :  But  that  would  not  ferve 
their  Turn,  uniefs  they  might  have  Liberty  to  re- 
ceive Pay  here,  to  go  in  Companies,  under  Con- 
duit, to  the  Service  of  foreign  Princes ;  which  the 
Committee  could  not  give  Way  unto,  in  regard  of 
the  Ordinance  of  both  Houfes  to  the  contrary. 

'  There  is  another  Head  the  Committee  had  in 
Charge,  concerning  the  King's  Revenue  :  All  we 
could  do  in  that  (which  I  did  by  the  Direction  of 
the  Committee)  was  to  take  Care  for  a  Balance 
touching  the  fame  ;  and  accordingly  I  fpoke  with 
the  King's  Officers  about  it,  and  a  Balance  will 
be  ready  when  you  pleafe  to  call  for  it. 

'  Next  was  concerning  the  Exchange  beyond 
Sea :  I  think  for  that  there  will  be  a  good  Return 
made  for  the  Benefit  of  the  Commonwealth. 

'  Another  Thing  was  concerning  the  Irijh  Peti- 
tions ;  but  the  Gentleman  that  ufed  to  be  in  the 
Chair  for  Irijb  Affairs  (Mr.  Whijller)  was  out  of 
Town,  and  had  moft  of  their  Petitions  with  him, 
fo  we  could  do  nothing;  only  one  Mr.  Cope  and 
Mr.  Lomax,  who  had  long  attended,  had  their 
Cafe  made  known  to  the  Committee;  the  one  de- 
firing  to  have  two  WitnciTes  examined,  upon  a  Pe- 
tition here  depending,  who  are  ready  to  go  to  Sea; 
and  the  other,  Mr.  Cope,  of  Englijh  Parents  and 
great  Family,  is  a  Petitioner  for  the  Recovery  of 
an  Eftate  of  a  great  Value,  which  he  conceives  hath 
been  long  kept  from  him  wrongfully ;  and  defires 
that  a  Committee  may  but  confider  of  the  Depofi- 
tions  already  taken  touching  the  fame,  in  feveral 
Courts  of  Record,  whether  there  be  not  juft  Caufe 
for  him  to  have  Relief,  and  Matter  of  Ground  to 
proceed  on  his  Petition  ;  and,  if  not,  he  will  dcfift 
in  petitioning  the  Houfc. 

'  The  next  Thing  in  Charge  was  concerning 
Delinquents :  In  that  we  made  but  a  fmall  Progrefs; 
for  we  had  a  Dcfirc  to  have  perfected  the  Charge 

againft 


Of   ENGLAND,         5 

againft  my  Lord  Archbifhop  of  Canterbury  ;  but  An.  17.  Car.  r. 
in  regard  thofe  of  the  Long  Robe  of  the  Committee        1641. 
were  for  the  moft  Part  abfent,  we  could  not  pro-    u — \r— -• 
ceed  therein.  October. 

1  Next  there  came  to  me,  to  my  Lodgings 
at  Cbe!feay  Sir  John  Berkeley  and  Serjeant- Major 
O'Ncal;  who  faid  they  heard  they  were  accufed, 
and  had  rafhly  withdrawn  themfelves ;  but,  upon 
better  Confideration,  they  were  returned  to  fub- 
mit  to  the  Pleafure  of  the  Houfe.  I  thought  it 
my  Duty  to  make  fome  Privy-Counfellor  acquaint- 
ed therewith  ;  whereupon  I  went  to  my  Lord 
Wilmot  with  them,  who  undertook  they  fhould 
attend  the  Committee  the  next  Sitting;  which  they 
did  accordingly  :  And,  in  purfuance  of  the  Order 
and  Warrant  of  the  Houfe  for  the  apprehending  of 
them,  they  were  both  attach'd  by  the  Serjeant's 
Deputy :  So  the  Houfe  may  be  pleafed  to  fend  for 
them,  and  to  do  therein  as  they  fee  Caufe. 

'  For  the  Letters  laft  received  out  of  Scotlandfrom. 
the  Committee ;  they  fpeak  of  fomething  intended 
to  be  done  there  upon  the  Perfons  of  divers  Lords 
of  Scotland:  And,  in  regard  fome  of  the  Parties, 
fufpected  to  have  a  Hand  in  that  Defign,  are  fu- 
fpe6ted  to  be  Paptfts,  the  Committee  did  conceive 
they  might  have  Correfpondency  with  the  like  Party 
here;  and  therefore  commanded  me,  Yefterday,  to 
write  to  my  Lord  Mayor  of  London^  to  place  con- 
venient Guards  in  feveral  Places  of  the  City,  till  he 
received  further  Diredions  from  the  Parliament  ; 
and  likewife  to  the  Juftices  of  Peace  for  Mlddlefcx^ 
Weftminjler,  and  Soutbwark ;  and  to  obferve  fuch 
further  Direction  as  they  fhould  receive  from  the 
Earl  of  EJ/exy  who,  in  his  Majefty's  Abfence,  is 
appointed  General  on  this  Side  Trent. 

*  I  forgot  to  report  one  Thing,  That,  upon  Tuef- 
day  was  Sevennight,  the  Committee  here  agreed, 
and  fo  ordered,  That  the  Committee  in  Scotland 
fhould,  unlefs  they  fee  Caufe  to  the  contrary,  re- 
turn home  ;  and,  left  our  Letters  might  mifcarry, 
commanded  me  to  fend  an  exprefs  MefTenger  to 
A  3  them, 


6       The  Parliamentary  HISTORY 

An,  17.  Car.  I.  them,  and  I  did  fo  j  and  wrote  alfo,  by  the  weekly 

1641.        p0fl-5  Of  our  Order,  as  alfo  of  the  Lords  Order, 

*~-~\~*~J    for  their  Commiffioners  to  come  home.    The  Party 

°  er*      I  fent,  who  was  commended  to  me  for  a  very  ho- 

neft  Man,  fhould  have  been  there  on  the  Monday 

following,  which  he  eafily  might  have  done,  if  he 

had  been  well ;  but  on  Friday  laft  he  was  not  come 

to  Edinburgh^  neither  could  he  be  heard  of  in  all  the 

Road  ;  fo  that  we  may  juftly  fear  fome  Misfortune 

is  befallen  him  i  that  he  is  knocked  on  the  Head, 

and  his  Letters  taken  from  him. ' 

Upon  this  Report  it  was  refohed,  upon  the  Que- 
A  Conference  ftion,  '  That  a  Conference  be  defired  with  the 
with  the  Lords  JLords,  concerning  the  Security  of  the  Kingdom 
thereupon,-  and  Parliament.>  6 

Refolded  alfo,  <  That  Sir  John  Berkley  be  fent 
Prifoner  to  the  Tower,  and  Daniel  O'Neal  to  the 
Gatekoufe.' 

The  fame  Day  Mr.  Pymme  reported  the  Heads 
for  the  faid  Conference,  as  follows  : 

*  That  the  Committee,  in  the  fir  ft  Place,  do 
conceive,  that  the  Letter  from  the  Committee  be 
read  (dated  the  I4th  tfORobtr)  at  the  Conference : 
And  that  this  Houfe  hath  taken  into  Confideration, 

1.  *  That  when  there  was  a  Defign,  fomewhat 
of  the  fame  Nature,  in  this  Kingdom,  to  feduce 
the  King's  Army  to  interrupt  the  Parliament  here, 
there  was  the  like  Defign  at  that  Time  in  Scotland. 

2.  *  The  principal  Party  named  in  that  Defign 
in  Scotland,  is  a  Perfon  fufpecled  to  be  Popifhly  af- 
fected ;  and  therefore  may  have  Correfpondency 
with  the  like  Party  here. 

3.  *  That  it  hath  been  publifhed  here  lately, 
that  fome  Things  were  to  be  done  there,  mScotland^ 
before  it  broke  out  there ;  therefore  we  may  fufpecl 
fome  Correfpondency  here : 

*  So,  upon  thefe  Grounds,  to  propound,  i.  That 
a  ftrong  Guard  be  kept  in  the  City  of  Wejlminfter 
and  London,     2.  That  Care  be  taken  for  the  future 
for  the  Defence  of  the  whole  Kingdom  :  But  this 
in  general. 

'  Next, 


0/ENGLAND,        7 

1  Next,  that  the'fe  two  Gentlemen,  Sir  Jobn 
Berkeley  and  Serjeant-Major  O'Neal,  did  come  in 
during  the  Recefs ;  and  that  the  one  is  committed 
to  the  Tower,  and  the  other  to  the  Gatehoufe  :  And 
therefore  to  defire  their  Lordfhips  that  they  may  be 
examined,  according  to  the  former  Manner  for  the 
Examination  of  the  other  Parties  accufed  for  the 
fame  Crime,  by  the  Committee  of  Lords  appoint- 
ed for  that  Purpofe. 

'  Next,  to  let  them  know  the  Garrifon  of  Car- 
lijle  is  totally  difbanded  ;  and  that,  of  the  Garrifon 
of  Berwick,  there  remaineth  only  five  Companies  of 
Foot,  all  the  Horfe  being  difbanded  :  And  to  ac- 
quaint them  with  his  Majefty's  Direction,  fent  by 
Secretary  Fane,  for  the  Stay  of  thofe  Soldiers :  And 
that  the  Money  defign'd  for  that  Service,  to  difband 
that  Garrifon,  was  proportioned  only  untill  the  I5th 
of  OcJober :  That  the  Commonwealth  fhould  be  at 
no  further  Charge concerningthe  fame,  either  forthe 
Men  or  Shipping  that  are  to  ftay  there  ftill ;  Order 
being  taken,  and  Money  fent  down,  for  their  dif- 
banding  the  1 5th  of  Oftober,  according  to  the  Treaty. 

OcJober  2.1.  The  Commons  refolded,  <  That  ano- 
ther Head  of  the  foregoing  Conference  fhould  be, 
To  move  that  an  exprefs  Meflenger  be  fent  to  the 
Committees  of  both  Houfes  in  Scotland,  to  let  them 
know,  that  the  Parliament  takes  well  their  Adver, 
tifement  j  and  that  they  conceive  the  Peace  of  that 
Kingdom  concerns  the  Good  of  this  Kingdom ; 
and  that,  if  there  be  any  Tumult  to  oppofe  the 
A£ts  confirm'd  by  both  Kingdoms,  and  his  Majefty 
will  command  any  Afliftance  to  fupprefs  them, 
both  Houfes  will  be  ready  to  maintain  his  Majefty 
in  his  Greatnefs,  and  to  fupprefs  thofe  that  are  Di^ 
fturbers  of  the  Peace.' 

The  Heads  thus  prepared  for  a  Conference,  were 
afterwards  communicated  to  the  Lords,  who  were 
very  fenfible  of  the  Matters  to  them  reported ;  and, 
fpeedily  taking  the  fame  into  Confideration,  agreed 
to  all  thePropofals  made  by  the  Houfe  of  Commons. 


-8  .  .   The  Parliamentary  HISTORY 

The  Lords  and  Conlmons  having  agreed  to  write 
a  Letter  to  their  Committees  inScotland^  as  alfoto 
fend  Inftruclions  how  they  were  to  act  there  on  this 
new  Affair,  they  were  both  read  this  Day  and  ap- 
proved of  by  the  Houfes  b. 

A  Complaint  was  made  to  the  Houfe  of  Com- 
mons by  the  Troopers  of  the  Englifo  Army,  againft 
Sir  John  Conyers^  their  General,  for  reducing  fome 
of  their  Pay  at  the  difbanding  of  the  Army  j  which 
was  referred  to  a  Committee. 

Ofioler  22.  This  Day  the  Commons  fent  up  Mr- 
The  Commons  Holies  to  the  Lords,  to  put  them  in  mind  of  their 
^nreihe  Lords  Complaint  exhibited  aeainft  the  thirteen  Bifliops, 

tohaftenthei  ro-      ,       •        .      .      .    n  l. 

ccedings  againft  wno  niade  the  lalt  new  Canons,  and  to  pray  afpeedy 

the  impeached  Proceeding  therein.    The  Lords  returned  Anfwer, 

i/hops.  i  Yhat  they  had  appointed  the  loth  of  N  member 

next  for  a  peremptory  Day  to  them ,  and  that  they 

then  do  intend  to  proceed  with  all  Expedition.' 

A  Bill  to  difable  r  Oa°ber  23-  A  Bil1  For  ^fabling  all  Perfons  in 

the  Clergy  from  Holy  Orders  to  exercife  any  Temporal  Jurifdiflion  or 

exercifmg  any   Authority^  was  parted  and  fent  up  to  the  Lords  by 

diST1  JuriI"Sir  Gilbert  Gerrard,  with  a  Defire  that  it  might  b'e 

proceeded  in  with  all  Expedition.     The  following 

is  a  Copy  of  this  extraordinary  Bill c : 

*  "V1J/  ^ereas  Bifhops,  and  other  Perfons  in  Ho- 

V  V  ly  Orders,  oughtnot  to  be  intan^led  u  ith 
«  Secular  Jurifdiaion,  the  Office  of  the'Minifhy 

*  being  of  fuch  great  Importance  that  it  will  take 

*  up  the  whole  Man  :  And  for  that  it  is  found,   by 
'  long  Experience,  that  their  Inteimeddling  with 
«  Secular  Jurifdiaion  hath  occafioned  great Mifchief 
«  and  Scandal  both  to  Church  and  State;   his  Ma- 
4  jefty,  out  of  his  religious  Care  of  the  Church,  and 
'  the  Souls  of  his  People,  is  graciouHy  plcafed,  that 

it  may  be  Enacted,  and,  by  the  Authority  of  thefe 

«  Pre- 

'  The  Letter  and  Inflruftions  are  at  large  in  Rufaiwtb,  Vol.  I\\ 
«  Lo*Jt*,  printed  for  yd*  71-naat,  164!. 


Of    ENGLAND.         9 

Prefents,  be  it  Enacted,  That  no  Archbifhops  or  An.  17.  Car.  r. 
Bifhops,  or  any  other  Perfon  that  now  is,  or  here-         1641. 
after  ihall  be,  in  Holy  Orders,  fhall,  at  any  Time    ^ — \'~— -^ 
after  the  loth  Day  of  November ',  in  the  Year  of      O<a°  er* 
our  Lord  God  1641,  have  any  Suffrage  or  Vote, 
or  ufe  or  execute  any  Power  or  Authority,  in  the 
Parliament  of  this  Realm  ;  nor  fhall  be  of  the 
Privy  Council  of  his  Majefty,  his  Heirs  or  Suc- 
ceffors ;  or  Juftices  of  the  Peace  of  Oyer  andTer- 
miner,  or  Goal  Delivery  ;  or  execute  any  Tem- 
poral Authority,  by  Virtue  of  any  Commiffion  ; 
but  fhall  be  wholly  difabled  and  be  uncapable  to 
have,  receive,  ufe,  or  execute  any  of  the  faid  Of- 
fices, Places,  Powers,  Authorities,  and  Things 
aforefaid. 

'  And  be  it  further  Enacted,  by  the  Authority 
aforefaid,  That,  from  and  after  the  faid  loth  Day 
of  November,  all  Acts  which  fhall  be  done  by  any 
Archbifhops  or  Bifhops,  or  other  Perfons  whatfo- 
ever  in  Holy  Orders,  and  all  and  every  Suffrage 
or  Vote  given  or  delivered  by  them,  or  any  other 
Thing  done  by  them,  or  any  of  them,  contrary 
to  the  Purport  and  true  Meaning  of  this  prefent 
Act,  fhall  be  utterly  void  to  all  Intents,  Conftruc- 
tions,  and  Purpofes.' 

This  Day  both  Houfes  adjourned,  to  go  into  a 
Committee  to  hear  a  Relation  to  be  made  by  the 
Earl  of  Holland^  Lord-General,  touching  the  Dif- 
banding  of  the  late  Army  in  the  North. 

Great  Mutinies  and  Diforders  were  now  on  foot  Tumults  an4 
by  the  difbanded  Soldiers,  who  came  in  Companies  Diforde"- 
to  the  Parliament  Houfe,  and  demanded  their  Pay. 
The  Train'd  Bands  olWejlminfter  attended  all  Day 
in  Arms,  in  the  Palace-Yard,  till  both  Houfes  rofe. 
Afterwards  they  received  Directions  from  the  Earl 
of  EJfex,  Lord-General  in  the  King's  Abfence,  to 
divide  their  Company  in  two  Parts,  that  one  hundred 
might  attend  for  the  Day,  and  be  relieved  by  the 
like  Number  at  Night.  Many  Orders  are  in  the 
Journals  of  both  Houfes  about  quieting  the  dif- 
banded 


lo      The  Parliamentary  HISTORY 

17.  Car.  i-banded  Troops  ;  but  nothing  of  Moment  further 
done  in  either  of  them  till 

Qffober  26.  When  the  Lord  Keeper  fignified  to 
the  Lords,  that  he  had  received  a  Letter  from  his 
Majefty,  written  all  with  his  own  Hand,  which  he 
read  in  bccc  Verba  : 


er 


My  Lord  Keepe 
The  King's  Let-  &Iucf  that,  by  the  Nece/tty  of  my  Affairs,  I  am  de- 
terto  the  Parlia-0  taified  here  fo  long,  that  I  cannot  be  doivnat  the 
in-  Sitting  of  the  Parliament;  I  have  thought  Jit,  by 
tbefe  Lines,  to  dirett  you  to  let  both  Houfes  know,  in 
my  Name,  That  as  this  my  long  Absence  is  beyond  my 
Expectation,  fo  it  is  againji  my  Defire  ;  and  that  I 
will  make  all  the  Diligence  that  the  fPeigbtinefs  of 
tvefe  Affairs  will  po/tbly  permit  to  return  ;  and  fo 
Irejl 

Your  affured  Friend, 

'"e  CHARLES  R. 

Proweeings  a-  This  Da7  Sir  &ol*rt  Berkeley,  Knight,  one  of 
pinft  Judge  "  the  Judges  of  the  King's  Bench,  was  brought  to  the 
Berkeley.  Bar  of  the  Houfe  of  Lords  as  a  Delinquent  d  ; 

when  the  Lord  Keeper  told  him,  '  That  he  was 
now  to  hear  the  Charge  of  High  Treafon,  brought 
up  againft  him  by  the^Houfe  of  Commons,  read  j 
and  that  the  Lords  expedled  his  Anfwer  thereunto.* 
Which  being  read,  he  gave  their  Lordfhips  humble 
Thanks  for  their  Juftice  in  calling  him  to  make  his 
Anfwer;  and  acknowledged  the  Juftice  of  the  Houfe 
of  Commons,  that  they  had  defired  he  might  make 
his  Anfwer  to  their  Charge,  and  be  proceeded  againft 
according  to  Law.  Withall,  he  made  it  his  humble 
Requeft  to  their  Lordfhips,  that  they  would  permit 
him  a  little  Time  now,  to  fpeak  fomewhat  to  the 
Particulars  of  the  Charge  ;  and,  having  obtained 
Leave  of  the  Houfe  fo  to  do,  he  made  a  long  Speech 
on  the  particular  Articles  of  ^his  Impeachment;  and 


b  has  omitted  thefe  Proceedings  againft  Judge  Berkeley. 


Of    ENGLAND         u 

soncluded,  That  he  was  not  guilty  in  Manner  or  An.  17.  Car.  I. 
Form  as  was  laid  againft  him  in  the  faid  Impeach-        l64!' 
ment.     He  then  prefented  to  the  Houfe  a  Petition,    **— — v~— * ' 
humbly  defining  their  Lordfhips  to  take  the  Parti-      Oftober« 
culars  into  Confideration. 

To  the  Right  Honourable  the  LORDS  aflembled  in 
Parliament, 

The  HUMBLE  PETITION  of  Sir  ROBERT  BERKE- 
LEY, Knt.  one  of  the  Judges  of  his  Majefty's 
Court  of  King's- Bench. 

rO  UR.  Lordjhips  having,  as  your  Petitioner  con-  His  Petition  M 
ceiveth,   appointed  the  id  of  November  next  *° 
for  bis  Trial,  be  mojl  humbly  prayeth,  That  your 
Lordjhips  would  be  pleafed  to  grant  unto  him  your 
Lordjhips  frefent  Warrant  for~Juch  Wttneffes  as  he 
jhall  have  Caufe  to  ufe  at  his  Trial. 

That  your  Lordjhips  would  be  pleafed  to  admit* 
andt  if  Need  be,  to  ajjign  him  Counfel  for  his  necef- 
fary  Defence  in  point  of  Law,  which  may  happen 
upon  the  Matter  of  High  Treafon,  of  which  he  is 
impeached ;  and,  in  point  of  Law  and  Faffs  upon 
the  Matters  and  Misdemeanors,  of  which  he  is  alfo 
impeached. 

That  for  the  few  Days,  till  the  Time  of  bis 
Trial,  he  may  remain  in  Cuftody  of  the  Sheriff" 
of  London,  where  he  hath  been  a  true  Prifoner 
near  three  Quarters  of  a  Tear ;  in  whofe  Houfe 
all  his  Collections  and  Papers  are  for  his  De- 
fence :  And  that  he  may  have  your  Lordjhips 
Licence  to  go,  with  a  Keeper,  to  Serjeants-Inn, 
to  look  out  fame  Papers  which  he  hath  there,  and 
Jhall  have  Occafion  to  produce  at  his  Trial;  as 
alfo  there  to  confer  or  advife  with  fuch  Counfel  as 
your  Lordjhips  Jhall  think  Jit  to  admit  or  ajjign 
unto  him. 

And  your  Petitioner,  according  to  his  boundeij 
Duty,  (hall  always  pray  for  the  Continuance 
of  your  Lordfhips  Honour  and  Happinefs. 

ROBERT  BERKELEY. 
Here- 


12       7  be  Parliament  dry  HISTORY 

An.  17.  Car.  I.  Hereunto  were  added  the  Names  of  eight  Law- 
1641.  yers  to  be  afljgned  as  Counfel  to  the  Petitioner;  but 
'^fabcr*1  bef°re  tne  Lords  gave  any  Anfwer  to  it,  it  was  firft 
carried,  That  the  Bifhops  fhould  not  be  prefent  in 
"the  Debate  on  the  Matter  of  High  Treafon,  in 
this  Caufe,  but  for  Mifdemeanor  only  they  were 
to  be  admitted.  After  which  every  Article  that 
the  Judge  had  petitioned  for  was  granted  him  j  and 
a  Meflage  agreed  upon  to  be  fent  down  to  the 
Commons,  That  he  had  pleaded  Not  Guilty  to 
their  Impeachment. 

Two  Days  after  this  Trial  was,  at  the  Inftancc 
of  the  Houfe  of  Commons,  for  want  of  Witnefles, 
put  oft  by  the  Lords  fine  Die  e. 


A  Conference         This  ^a>'  a^°  lt  was  refolved  by  the  Commons 

concerning  the    to  have  a  Conference  with  the  Lords  concerning 

jfJSSlfjJ?*'*6  fequeftering  the  thirteen  Bimops,  accufed  by 

Jdng^iway  th^'them,  ^rorn  tne'r  Votes  in  Parliament.     Likewiie 

Votes  of  their    to  defi're  their  Lordihips  to  fequefter  the  reft  of  the 

»liok  Order.     Bifhops  from  their  Votes,  upon  the  particular  Bill 

fent  from  that  Houfe,  for  the  taking  away  of  all 

their  Votes  in  Parliament.     A  felecl  Committee 

was  named  and  ordered  to  prepare  Heads  for  this 

Conference. 

Oftoler  27.  The  Lord  PrZVy-Seal  reported  the 
Conference  Yefterd  ay  with  the  Houfe  of  Commons, 
concerning  Bifhops,  as  follows  : 

tha  *  Mr'  Pymme  declared  fl'°m  the  Houfe  of  Com- 
l  -t  mons»  ^hat  there  is  nothing  of  greater  Importance 
to  the  Safety  and  Good  of  the  Kingdom,  than  that 
this  High  Court  of  Parliament,  which  is  the  Foun- 
tain of  Juftice  and  Government,  fhould  be  kept 
pure  and  uncorruptfd,  free  from  Partiality  and  Bye- 
refpecls  :  This  will  not  only  add  Luftre  and  Repu- 

tation 

e  Wbithckt  fays,  '  That  Sir  Robert  Berkeley  was  a  very  learned 
Man  in  our  Laws,  a  good  Orator  and  Judge,  and  moderate  in  his 
Ways,  except  his  Defires  of  the  Court-favour:  That  he  redeemed 
hmifdf,  afterwards,  by  funplying  the  Parliament's  Occafions  with 
1  0,000  /.  and  ended  his  Days  in  a  private  Retirement":  yet  not 
wuhout  considerable  Gains  by  his  Chamber  Practice,  and  left  a 
plentiful  Fortune  to  his  Family.' 

Memorials,  p.  39. 


Of    ENGLAND.       13 

tation,  but  Strength  and  Authority  to  all  our  Ac-  An.  17.  Car. 
tions.  Herein,  he  faid,  your  Lordfhips  are  fpecially 
interefted,  as  you  are  a  Third  Eftate  by  Inheritance 
and  Birth-right;  fo  the  Commons  are  publickly 
intcrefted  by  Reprefentation  of  the  whole  Body  of 
the  Commons  of  this  Kingdom,  whofe  Lives, 
Fortunes,  and  Liberties  are  depofited  under  the 
Cuftody  and  Truft  of  the  Parliament. 

4  He  faid,  The  Commons  have  commanded 
him  and  his  Colleague,  Mr.  Sollicitor-General,  to 
prefent  to  your  Lordfhips  two  Proportions,  which 
they  thought  very  neceffary  to  be  oblerved  and  put 
in  Execution  at  this  Time. 

Firjl,  '  That  the  thirteen  Biftiops,  which  ftand 
ace u fed  before  your  Lordfhips  for  making  the  late 
pretended  Canons  and  Constitutions,  may  be  ex- 
cluded from  their  Votes  in  Parliament. 

Secondly^  '  That  all  the  Bifhops  may  be  fufpend- 
ed  from  their  Votes  upon  that  Bill,  intitled  An  Aft 
to  di fable  all  Perfons  in  Holy  Orders  to  exercife  any 
"Jur if diEl i  on  or  Authority  Temporal. 

'  The  firft  of  thefe  was  committed  to  his  Charge, 
and  he  faid  he  was  commanded  to  fupport  it  with 
three  Reafons. 

ifl.  '  That  the  thirteen  Bifliops  have  broken 
that  Truft  to  which  every  Member  of  Parliament 
is  obliged  ;  which  Truft  is  to  maintain, 

1.  '  The  Prerogative  of  the  King. 

2.  '  The  Privilege  of  Parliaments. 

3.  '  The  Property  of  the  Subject. 

4.  '  The  Peace  of  the  Kingdom. 

'  And  this  Truft  they  had  broken,  not  by  one 
tranfient  Act,  but  by  fetting  up  Canons  in  Nature 
of  Laws,  to  bind  the  Kingdom  for  ever. 

'  That  the  Canons  are  of  this  Nature,  appear'd 
by  the  Votes  of  both  Houfes ;  and  that  they  were 
all  Parties  to  the  making  thereof,  appear'd  by  the 
Ads  of  that  Synod.  The  Book  itfelf  the  Com- 
mons cannot  tender  to  your  Lordfhips,  becaufc 
they  fent  for  it,  but  he  that  hath  the  Book  in  Cuf- 
tody was  out  of  Town ;  but  a  Member  of  their 
own  Houfc,  upon  View  of  it,  is  ready  to  depofe, 

Tliat 


14       Vbe  Parliamentary  HISTORY 

An.  17.  Car.  I.  That  their  Names  were  entered  among  thofe  that 
i^*L)  did  fubfcribe  to  it. 

OdobeiT  '  Wherefore  the  Houfe  of  Commons  defire  your 
Lordfhips,  in  the^r/?  Place,  to  confider,  Whether 
they  that  take  to  themfelves  a  Legiflative  Power, 
deftru&ive  to  Parliaments,  be  fit  to  exercife  that 
Power  of  making  Laws,  which  only  belongs  to  the 
Parliament. 

idly,  *  Whether  it  he  fafe  for  the  Common- 
wealth, that  they  fhould  be  trufted  with  making 
Laws,  who,  as  much  as  in  them  lay,  have  endea- 
voured to  deprive  the  Subject  of  thofe  good  Laws 
which  are  already  made. 

*  A  //>/W  Reafon  is  this,  That  they  ftand  accufed 
of  Crimes  very  heinous ;  that  is,  of  Sedition,  and 
of  Subverfion  of  the  Laws  of  the  Kingdom.    This 
will  eafily  appear  in  the  Nature  of  the  Canons 
themfelves,  as  alfo  by  the  Votes  to  which  your 
Lordfhips  and  the  Commons  have  already  agreed. 

Here  the  Fates  of  both  Houfes  were  read  by  Mr. 
Goodwin. 

*  For  the  fecond  Propofition,   he   faid,    That 
fhould  be  handled  by  one  that  will  do  it  with  more 
Advantage  of  Reafon  and  Learning  than  he  could 
do,  therefore  he  would  leave  it  to  him.' 

Mr.  St.  Join's       '  Then  Mr.  Sollicitor-General  informed  their 

on  the  fame  Sub-  Lordfhips,  That  the  excluding  of  the  Bifhops  from 

jeft.  Votes  in  Parliament  was  not  of  fo  general  Confe- 

quence,  as  that,  by  it,  the  whole  Clergy  of  England 

were  excluded. 

'  The  fir/1  Reafon  he  offered  was  this,  That  the 
Bifhops.  did  not  vote  for  the  whole  Clergy;  for  that 
if  it  fhould  be  fo,  then  the  Clergy  of  England  would 
be  twice  reprefented,  and  twice  voted  for  in  Par- 
liament. 

i.  '  This  appears  by  all  the  antient  Writs  of 
Summons ;  which,  till  of  late,  were  to  this  Effect : 
A  Writ  of  Summons  went  to  the  JBifhxap  command- 
ing him  fummonire  all  the  Clergy  of  his  Dioceic 
to  appear  by  Proxies  of  their  chufing.  What  to 
do I  Ad  canfentiendum  us  qua  de  Communi  Concilia 

Regni 


Of    E  N  G  L  A  N  D.        1 

Regni  ordinarl  contigerit.  So  that  if  the  Biftiops  do  An.  17.  Car.  I. 
reprefent  the  Clergy,  then  the  Clergy  are  twice 
reprefented  ;  firft  by  the  Pro&ors,  and  again  by 
the  Biftiops.  Now,  although  the  Form  of  the 
Writs  be  alter'd,  yet  the  Reafon  holds,  and  ftill 
remains. 

2.  *  If  they  vote  for  the  Clergy,  then  they  are 
to  be  elected  by  the  Clergy,  as  the  Members  of  the 
Commons  Houfe  now  are  j  but  your  Lordfliips, 
voting  only  for  yourfelves,  need  no  Election. 

3.  *  If  they  voted  for  the  Clergy  as  a  Third 
Eftate,  then  it  would  follow  that  no  Ac~l  of  Parlia- 
ment could  be  good  where  they  did  diflent ;  but 
many  A&s  of  Parliament  are  pafled,  where  all  the 
Clergy  diflented  :  And  the  laft,  he  faid,  that  came 
to  his  Memory,  was  the  Statute  of  i.  Elizabeth, 
eftablifliing  the  Book  of  Common  Prayer,  to  which 
all  the  Biftiops  did  difaflent.     The  Entry  in  the 
Roll  is  DiJJentientibus  Eplfcopis  ;  and  yet  that  Sta- 
tute is  holden  for  a  good  Law  to  this  Day.    This 
was  offered  to  fhew,  That  it  might  not  be  concei- 
ved, that  the  denying  the  Bifhops  to  have  Votes  in 
this  Bill  now  before  your  Lordftiips,  was  of  fuch 
general  Influence  as  to  take  from  the  Clergy  any  In- 
tereft  or  Privileges  that  formerly  belong'd  to  them. 

'  In  thefecond  Place  he  faid,  He  was  to  prefent 
the  Senfe  of  the  whole  Houfe  of  Commons  to  your 
Lordftiips,  That  the  Prelates  have  not  fo  abfolute 
a  Right  of  Peerage  for  voting  in  Parliament,  as 
the  Temporal  Lords  have  out  of  Parliament.  This 
appears  by  that  Inftance  of  higheft  Confequence, 
that  they  are  not  triable  by  their  Peers  for  their 
Lives,  but  by  an  ordinary  Jury.  In  Parliament 
they  have  no  Vote  in  Judgment  of  Blood,  Life, 
or  Member :  But  if  their  Peerage  were  fo  inherent 
in  them  as  it  is  in  the  Temporal  Peers,  no  Ecclefi- 
aftical  Canons  could  take  it  from  them.  Befides, 
in  Point  of  Right,  it  hath  been  refolved  by  all  the 
Judges  of  England^  7.  Henry  VIII.  in  Keilway's 
Reports,  <  That  the  King  may  hold  his  Parlia- 

*  ment,  by  the  Lords  Temporal  and  Commons, 

*  without  calling  of  the  Bilhops  ;  and  that,  upon 

'  feveral 


1 6       The  Parliamentary  Hi s T OR y 

*  feveral  Occafions,  efpeciaUy  concerning  the  Pope 
4  or  themielves,  the  Bifhops  have  been  excluded, 
'  and  their  Votes  not  admitted  herein.'     He  faid, 

Odobcr.  he  was  cornrnancje(]  to  offer  fome  Precedents  to 
your  L'ordfhips  upon  the  fudden. 

*  In  the  Parliament  of  25.  Edwardl.  the  Bi- 
fhops refufed  to  join  with  the  Lords  and  Com- 
mons in  granting  of  Subfidics  for  the  Good  of  the 
Kingdom.  This  was  holden  at  Bury  ;  2nd,exclufo 
Clero,  many  Acts  -were  then  made,  never  fince 
queftion'd  a. 

'  In  35.  Edwardl.  at  the  Parliament  at  Carlljle^ 
divers  Petitions  were  there  exhibited  by  the  Com- 
mons concerning  the  Prelates  and  Lord  Abbots, 
for  oppreffing  the  poor  Clergy  ;  and  feveral  Acts 
were  made  for  their  Relief:  But  by  whom  ?  By 
the  King,  Earls,  Barons  and  other  Nobles,  and 
the  Commons  only.  Now,  in  refnect  the  feveral 
Ranks  of  the  Nobility  are  named,  it  is  evident  the 
Bifhops  did  not  confent ;  becaufe  that,  in  all  other 
Acts  where  they  do  confent,  they  are  particularly 
named.  And  if  it  be  objected,  '  That  they  might 

*  be  there  and  might  give  a  Negative,  and  therefore 
'  were  not  named  among  them  that  did  confent;' 
it  appears,  that  habito  Traflatu  cum  Cotnitibus,  Ba- 
ronibus,  £ff  cateris  Coinmunitatibus^  the  King  did 
enact  thofe  Things,  and  never  called  the  Bijhops 
to  the  Debate  b  :    This  appears  in  the  Parliament- 
Roll. 

4  In  20.  Edward  III.  Parliament- Roll,  N°.  33. 
the  Commons  petition  that  no  Allowance  be 

made 

»  This  was  occcaficned  by  a  Quarrel  between  that  K'ng  and  the 
Birtiops,  on  account  of  the  latter' s  refuting  to  grant  any  Subfidy 
without  Leave  fiom  the  Pope See  our  Firft  Volume. 

b  This  Aflertion  is  a  very  great  Miftake  :  For  although  the 
Ordimnces  and  Statutes  in  this  Parliament  are  faid,  in  the  Statutes 
at  large,  to  be  enacled  by  «  our  Lord  the  King,  after  full  Conference 
«  and  Dtoate  had  with  his  Earls,  Barons,  Nobles,  and  other  great 
'  Men  of  his  Kingdom  touching  the  Premifes,  by  their  whole  Con- 
'  fent  and  Agreement ;'  without  any  Mention  either  of  the  Rifhops 
or  of  the  Commons  ;  yet  the  Bilhops,  Abbots,  and  Priors  were  parti- 
cularly  fummon'd  by  Name  to  this  Parliament;  and  Writs  were 
idued  for  the  Eleftion  of  Members  for  the  Counties,  Cities  and  Bo- 
rough?, as  appears  by  the  Lift,  printed  in  our  Firft  Volume. 


Of    ENGLAND.       17 

made  to  the  Cardinals  that  had  been  in  France  for  An.  17.  Car.  I. 
treating  of  Peace  a :  In  the  Roll  it  is  thus  entered        l641* 
Affented  unto  as  reafonable  by  the  Dukes ,  Earls^  Ba-  '  ^^^ 
ronsy  and  other  ,tbe  Lay  Gentz^  without  ever  na- 
ming the  Bimops.      Now  thefe  Words,  other  Lay 
Gcntz,  {hew  that  the  Biihcps  were  none  of  the 
Number  that  voted  in  that  Law  :  And  it  is  to  be 
noted,  That  in  Acls,  where  the  particular  Ranks 
are  fet  down,  none  of  the  Temporal  Ranks  have 
ever  been  omitted ;  and  if  the  Spirituality  had  voted, 
they  fhould  have  been  named,  tho'  in  Vote  they 
had  diiTcntcd. 

1  Eodcm  Anno^  N°  35  <?^N°  38,  there  being  two 
other  fcveral  A6r.s  made  upon  Petitions  of  the  Com- 
mons, the  one  againft  Provifions  as  to  fome  Cardi- 
nals, and  the  other  to  reftrain  the  carrying  of  Mo- 
ney to  Rome  ;  the  Anfwer  is  made,  as  before,  by 
the  Dukes,  Earls,  Barons,  and  Commonalty,  never 
mentioning  the  Lords  Spiritual. 

4  In  3.  Ric.  II.  cap.  3.  and  7.  Ric.  II.  cap.  12. 
there  are,  in  Print,  Ac"ts  made  by  the  King  and 
Lords  Temporal  only,  without  the  Lords  Spiritual. 
The  Statute  of  7.  Rid  II.  recites  the  former  Sta- 
tute of  3.  Ric.  II.  which  faid,  '  Our  Lord  the 
*  King,  by  the  Advice  and  common  Afient  of  all 
'  the  Lords  Temporal,  and  Commons  being  in 
'  this  Parliament  aflembled,  hath  ordained,'  ut  fe- 
qiiltur  in  the  Acl.  And  thefe  A6ts  made  by  the 
King,  the  Lords  Temporal  and  Commons  only, 
were  upon  the  clamorous  Complaints  of  the  Com- 
mons, about  the  giving  of  the  Benefices  of  Eng- 
land to  Strangers  and  others,  who  never  were  reft- 
dent  upon  their  Benefices.' 

This  Report  being  made,  the  Lords  took  the 
fame  into  Confideration  ;  and,  for  the  better  De- 

VOL.  X.  B  bate 

a  This  Paflage  runs  thus  in  the  Lords  Journals:  But  the  Meaning 
of  it  muft  be,  That  the  King,  by  the  Advice  of  his  Parliament,  took 
into  his  own  Hands  all  the  Profits,  Revenues,  and  Emoluments, 
which  the  Cardinals  of  the  French  Fadlion,  and  other  foreign  Cler- 
i  ymen,  held  within  the  Realm:  For  neither  he  nor  his  Lords 
thought  it  reafonaWe  that  thofe  who  favoured  the  Pope,  a  French- 
man by  Birth,  and  the  French  King,  fhould  enjoy  any  fuch  Promo- 
tions or  Advantages  in  his  Kingdom,  he  being  at  that  Time  at  War 
with  F*-ar.ec. 


1 8        We  Parliamentary  HISTORY 

An.  17.  Car.  I. bate  thereof,  the  Houfe  was  adjourned  into  a  Cofn- 
l64I>        mittee  during  Pleaftire.     And  the  Queftion  being 
^•"""V""""— ^  put,  Whether  thofe  thirteen  Bifhops,  that  are  im- 
)tcr'      peached  of  Crimes  from  the  Houfe  of  Commons, 
ihould  be  fufpended  from  their  Votes  in  that  Houfe, 
whilft  they  ftand  Refti  in  Curia  ?  a  long  Debate 
enfued ;  which  ended  with  an  Order,  '  That  the 
farther  Confideration  of  this  Matter,  and  the  Ex- 
clufion-Bill,  fhould  be  referred  to  the  loth  of  No- 
vember next.' 

Off.  28.  A  felect  Committee  of  the  Houfe  of 
Commons  was  chofen  to  prepare,  out  of  the  whole 
Debate  which  happened  this  Day,  a  Petition  to 
be  prefented  to  his  Majcfty,  to  prevent  the  Mif- 
chiefs  that  may  happen  to  the  Commonwealth,  by 
the  Choice  and  Employment  of  evil  Counfellors, 
Ambafladors,  Judges,  Officers,  and  other  Mini- 
fters  of  State;  and  to  have  Power  to  fend  for  Par- 
ties, Witnefles,  Papers,  Records,  and  any  Thing 
conducive  to  that  Service. 

We  meet  with  the  following  Speech  in  the  Houfe 
of  Commons,  made  by  one  Mr.  Smith,  dated  as 
this  Day,  occafioned  by  the  diftraded  State  of  thefe 
Times  b. 

Mr.  Speaker^ 

Mr.  Smith'*  '  nPHE  laft  Time  we  aflembled  we  fat  like  a 
Speech  concern-  JL  College  of  Phyficians  upon  the  Life  and 
L"onIhofn;£aC"  Dcath  of  threc  grcat  Patients,  whofe  bleeding  Hearts 
Times!  fay  proftrate  before  us,  and  were  arrived  "at  that 

critical  Minute,  cither  to  receive  Relief  or  eternal 
Deftruclion.    The  three  unfortunate  Nations  were 
prefented  to  us  in  all  their  Diftraclions  ;  and  grown 
^  fuch  a  fuperlative  Height  in  their  Miferies,  that, 
like  nurfmg  Mothers  bereaved  of  their  tender  In- 
fants, they  were  carelefs  of  what  might  happen  to 
them,  jgftnr  perdidcrani  Liberties,      Thefe  three 
Kingdoms,  whofe  Peace  and  Amity  filled  the  re- 
maining 

b  It  is  only  mtitlcd,  Jn  honourable  Speech  in P argument.  Od.  28, 
1641,  by  Mefrr  Smith,  of  the  Middle-Temple.  Printed  for 


Of    E  N  G  L  A  N  D.        19 

maining  World  with  Envy  and  Emulation;  andAn-  *7-  c 
were  Jike  that  happy  Trinity  of  Faith,  Hope,  and    ^ 
Charity,  in  a  perfect  Union ;  had  but  now  their      Oftcbcr 
S words  edged  to  each  other's  Confufion.     O  Sce'us 
Haminum!  Height  of  Impiety  !  K.&I  <?C  Ttnvavl  faid 
Cofar  in  the  Senate :  It  was  not  his  Death  that 
grieved  him,  but  that  his  Son  fliould  advance  his 
Hand  to  his  Slaughter.    How  many  Sons  and  Neroes 
had  we,  whofe  earneft  Endeavours  were  to  rip  up 
their  Alother's  Womb,  and,  like  Vipers,  eat  thro' 
her  Bowels,   and  to  lay  defolate  their  Father's 
Houfe  f 

Quis  Ta/ia  fando, 

Temper et  a  Lachrymis? 

'  And  yet  all  this  had  been  but  a  Prologue  to  our 
Tragedy,  had  not  God  Almighty  been  pleafed  to 
interpofe  his  Hand  ;  to  have  been  a  Pillar  of  Fire 
betwixt  us  and  our  Captivity,  and  to  have  wrought 
our  Deliverance  by  his  great  Instrument  the  Parlia- 
ment ;  whofe  conftant  Labour  it  hath  been,  for 
this  Year  paft,  to  create  a  true  Underftanding  and 
firm  Peace  between  the  Nations ;  which  I  hope  is 
fo  accomplifhed,  that  it  is  not  in  the  Power  of  the 
Devil,  or  all  his  Works,  ever  to  diflblve  it. 

'  This,  I  fay,  was  the  Work  of  our  laft  Sitting. 

'  Give  me  Leave  now,  Sir,  I  befeech  you,*to> 
deliver  what  I  conceive  convenient  to  be  of  this ; — 
i .  To  give  God  his  Due ;  2.  To  eftablifh  the  Rights 
between  King  and  People;  and,  3.  To  compofe 
Things  amongft  ourfelves. 

*  That,  firfti  we  may  give  God  his  Due,  we 
muft  advance  his  Wormip,  and  compel  Obedi- 
ence to  his  Commands,  wherein  he  hath  been  fo 
much  neglected.  Honour  and  Riches  have  been 
fet  up  for  Gods,  in  Competition  with  him  :  Ido- 
latry and  Superftition  have  been  introduced,  even 
into  his  Houfe  ;  the  Church  and  he  expulfed  :  His 
Name  hath  been  blafphemed,  and  his  Day  pro- 
faned, by  the  Authority  of  that  unlawful  Book  cf 
Sports ;  and  thofe,  who  would  not  tremble  thus 
to  difhonour  God,  would  not  fcruple  to  do  it  10 
their  Parents,  or  injure  their  Neighbours,  either  ly 
B  2  Mui- 


20      'The  Parliamentary  HISTORY 

An.  1-7.  Car.  I.Murder  of  them,  or  by  Adultery,  David's  great 
l64'«  Crimes.  They  have  i:ot  only  robb'd  God  of  his 
^" — v~  ~*  Honour,  but  Men  of  their  Lftates,  and  part  of 
Themfelves ;  Members  and  Ears  having  been  fet  to 
Sale,  even  to  the  deforming  that  Creature  whom 
God  had  honoured  with  his  own  Image.  That 
they  might  colour  this  their  Wickednefe,  Perjury 
and  falie  Teftimony  have  been  more  frequent  with 
them  than  their  Prayers  :  And  all  this  proceeded 
out  of  an  inordinate  JDefire  of  that  which  was  their 
Neighbour's;  and  thus  God,  in  all  his  Command- 
ments, hath  been  abufed.  Can  we  then  wonder 
at  his  Judgments,  or  think  he  could  do  lefs  than 
he  hath  done  to  right  himielf  upon  fuch  a  rebel- 
lious People  ? 

*  I  bcfeech  you,  Sir,  let  us  do  fomething  to  feat 
him  in  his  Throne,  and  worfhip  him  all  with  one 
Mind ;  and  not  that  every  one  {hould  go  to  God  a 
Way  by  himielf.  This  Uncertainty  ftasgers  the 
unrclblved  Soul,  and  leads  it  into  fuch  a  Labyrinth, 
that,  not  knowing  where  to  fix,  for  fear  of  erring, 
-it  adheres  to  no  Way;  fo  it  dies  e'er  it  performs 
that  for  which  it  was  made  to  live.  Uniformity  in 
his  Worfhip  is  that  which  pleafeth  him  ;  and,  if 
we  will  thus  ferve  him,  we  may  expect  Protection 
from  him. 

4  The  next  Thing  that  I  conceive  fit  to  be  con- 
fidered,  is,  <  To  caufe  the  Rights  both  of  the  King 
«  and  People  truly  to  be  underftood  :'  And,  in  this, 
to  give  that  Authority  to  the  Prerogative  which 
legally  it  hath,  and  to  uphold  the  Subjeds  Liberty 
from  being  minced  into  Servitude. 

That  the  King  {hould  have  a  Prerogative  is 
leccfiary  for  his  Honour,  it  diflinguifhes  him  from 
ins  leople;  but  if  it  fvvells  too  high,  and  makes 
an  Inundation  upon  his  Subjects  Liberty,  it  is  no 
Jonger  then  to  be  ftyled  by  that  Name.  The  Pri- 
•ilcge  of  the  Subjed  is  likewife  for  his  Majcfty's 
Honour,  King  David  gloried  in  the  Number  of 
5  leople;  and  Queen  Elizabeth  delivered,  in  a 
jn  Parliament,  «  That  the  Greatnefs  of  a 

Prince 


Of    ENGLAND.       21 

*  Prince  confifleth  in  the  Riches  of  his  Subjects;' An.  17.  Car.  I. 
intimating,  That  then  they  flood  like  lofty  Cedars 
about  him,  to  defend  him  from  the  Storms  of  the 
World  ;  and  there  were  ample  Demonftrations  of 
this  in  that  renowned  Queen's  Reign.  But  what 
Encouragement  can  they  have,  either  to  increafe 
their  Numbers  or  Eitates,  unlefs  they  may  have 
Protection  both  for  themfelves  and  Eflates  ?  There- 
fore the  Privilege  and  Greatnefs  of  the  Subject  are, 
relatively,  for  the  Honour  of  the  Prince. 

c  Prerogative  and  Liberty  are  both  neceflary  to 
this  Kingdom;  and,  like  the  Sun  and  Moon,  give 
a  Luftre  to  this  benighted  Nation,  fo  long  as  they 
walk  at  their  equal  Diftances  :  But  when  one  of 
them  (hall  venture  into  the  other's  Orb,  like  thofe 
Planets  in  Conjunction,  they  then  caufe  a  deeper 
Eclipfe  :  What  fhall  be  the  Compafs  then  by  which 
thefe  two  muft  fleer  ?  Why,  nothing  but  the  fame 
by  which  they  fubfift,  the  Law  ;  which,  if  it  might 
run  in  the  free  Current  of  its  Purity,  without  being 
poifoned  by  the  venomous  Spirits  of  ill-affected  Dif- 
pofitions,  would  fo  fix  the  King  to  his  Crown, 
that  it  would  make  him  fband  like  a  Star  in  the  Fir- 
mament, for  the  Neighbour.- World  to  behold  and 
tremble  at. 

4  That  they  may  be  the  better  acted,  I  fhaLI 
humbly  defire,  that,  after  fo  many  Times,  that 
great  Charter,  the  Light  of  the  Law,  may  be  re- 
viewed ;  the  Liberty  of  the  Subject  explained,  and 
be  once  more  confirmed  ;  Penalties  impofed  on 
the  Breakers ;  and  let  him  die  with  the  Bargain 
that  dares  attempt  the  A6t. 

4  The  laft  Thing  that  falls  into  Confideration, 
is,  4  To  fet  Things  right  amongft  ourfelves,  the 
4  Subjects  of  England.'  And,  in  this,  fo  to  pro- 
vide, that  the  Mx&nas's  of  the  Times  may  not, 
like  great  Jacks  in  a  Pool,  devour  their  Inferiors, 
and  make  Poverty  a  Pavement  .for  themfelves  to 
trample  on.  This  hath  been  a  Burden  we  have 
long  groaned  under  ;  for  if  a  Great  Man  did  but  fay 
the  Word,  it  was  fuflicient  to  evict  my  Right,  even 
B  3  from 


22      The  Parliamentary  HISTORY 

An.  17.  Car.  I.  from  my  own  Inheritance.     They  had  both  Law 
I64J-        and  Tuftice  fo  in  a  String,  that  they  could  com- 

*— ^ '    mand  them  with  a  Nod  ;  and  thus  People  have 

oaober.  beeji  ^{inherited  of  their  common  Right,  the  Law, 
which  is  as  due  to  them  as  the  Air  they  breathe  in. 
4  On  the  other  Side,  we  muft  take  Care,  that 
the  common  People  may  not  carve  themfelves  out 
Juftice,  by  their  Multitudes.  Of  this  we  have  too 
frequent  Experience,  by  their  breaking  down  In- 
clofurcs,  and  by  raifing  other  Tumults  to  as  ill 
Purpofes ;  which,  if  they  be  not  fuddenly  fupprefs'd, 
to  how  defperate  anlflue  this  may  grow,  I'll  leave 
to  your  better  Judgments.  My  humble  Motion, 
therefore,  is,  That  an  Intimation  may  go  forth 
into  the  Country,  to  wifti  thofe  that  are  injured  to 
refort  to  the  Courts  of  Law  ;  and,  if  there  they 
fail  of  Juftice,  in  Parliament  they  may  be  confident 
to  receive  it.' 

An  Order  of  the  Houfe  of  Commons  was  this  Day 
made  and  publiflied,  declaring, c  That  becaufe  much 
important  Bufmefs,  concerning  the  Church  and 
State,  did  yet  remain  unfettled ;  and  to  prevent  the 
Danger  that  might  grow  in  this  Time  of  Conta- 
gion, by  a  great  Refort  of  People  to  different  Com- 
mittees for  private  Affairs;  and  the  Houfe  having 
appointed  to  fit  daily,  from  Ten  to  Three  in  the 
Afternoon,  it  was  ordered,  That  all  fuch  Commit- 
tees be,  from  henceforth,  fufpended. 

Oflober  29.  At  this  Time  there  being  a  Vacancy, 
in  the  Church,  of  five  Bifhops  Sees  ;  and,  the  King 
purpofingto  fill  them  up  at  his  Return,  a  Motion  was 
occ!T  ™a(*e  'n  the  Houfe  of  Commons,  That  a  Confe- 
finve°CBi-ren.a;  Qiould  be  had  with  the  Lords,  rodefirethem 
s  being  to  join. with  that  Houfe  in  a  Petition  to  his  Majefty, 
to  ftay  the  making  of  thefe  five  Bimops,  untill  fur- 
ther Confideration  be  had  with  both  Houfes  about 
it.     A  Debate  arifing  on  this,  the  Houfe  divided  ; 
when  it  was  carried  for  a  Conference,  71;  againft 
if>  53  j  an^  a  Committee  was  appointed  accord- 
ingly. 

Ottsbtr 


Of    E  N  G  L  A  N  D.        23 

Oftober  30.  The  Houfe  of  Commons  pafTed  feve-  Ar 
ral  Refolutions  and  Cenfures  on  the  Patentees  for 
Soap,  &<:.  and  fent  to  the  Lords  to  defire  they  ,^ 
would  fit  that  Afternoon,  having  Bufinefs  of  Im-  oaobcr- 
portance  to  communicate  to  them.  Soon  after  an- 
other Meflenger  was  fent  up  to  them,  to  defire  a  pre- 
fent  Conference  touching  the  Safety  of  the  King- 
dom, and  the  Security  of  the  Prince's  Perfon.  The 
Lords  agreed  to  this  Conference ;  and,  being  re- 
turned from  it,  the  Lord  Keeper  reported  the  Sub- 
ftance  of  it  to  the  Lords,  to  this  Effect  : 

'  That  the  Houfe  of  Commons  were  full  of  Ten-  Report  of  a  Con 
dernefs   for  the  King's  Honour,  and  Duty  to  theference  concern- 
King's  Perfon  and  his  Pofterity.     It  was  faid,  thatin§  the  Safety  o£ 
it  was  no  News,  now-a-days,  to  hear  of  dangerous1  e  Pnnce'  ®>ft 
Defigns,  therefore  the   Houfe  of  Commons  have 
Reafon  to  look  into  every  Corner  whence  Danger 
may  come.     And,  upon  Information,  that  Houfe 
underftands    that  the  Prince,  of  late,  hath  been 
much  from  his   Houfe,  at  Oatlands,  out  of  the 
Cuftody  of  his  Governor.     They  do  not  doubt  of 
the  motherly  Affection  and  Care  of  the  Queen  to- 
wards him ;  but  there  are  dangerous  Perfons  at  Oat- 
lands,  Priefts  and  Jefuits,  as  hath  of  late  appeared 
by  fome  Examinations  taken ;   and  that  fome  of 
them  were  fent  for  by  the  Houfe  of  Commons. 

*  Upon  thefe  Reafons  that  Houfe  defires  that  a 
Meflage  maybe  fent  to  the  Lord  Marquis  of  Hert- 
ford, from  both  Houfes  of  Parliament,  that  he 
would,  forthwith,  take  the  Prince  into  his  Cuftody 
and  Charge,  and  attend  upon  him  in  Perfon;  and 
to  defire  that  the  Prince  would  make  his  ordinary 
Abode  and  Refidence  at  his  own  Houfe,  at  Rich- 
mond; and  that  his  Lordfhip  would  place  fuch  Per- 
fons about  him  as  he  will  be  anfwerable  for  to  both 
Houfes.' 

Hereupon  the  Lords  taking  this  Report  into  Con-  AMeflagefcntto 
fideration,  refolved  to  fend  the  Lord  Marquis  of  the  Q^cen  there- 
Hertford  and  the  Earl  of  Holland,  to  acquaint  theupon* 
Queen  with   it,  and  prefent  to  her  Majefty  the 
Reafons  aforefaid  for  it.     They  then  made  the  fol- 
lowing 


24       The  Parliamentary  HISTORY 

An.  17.  Car.  i. lowing  Order;   which  was  agreed  to  by  the  Com- 

1641.        mons,  and  fent  to  the  Marquis. 

V — / — —>         '  The  Defirc  of  both  Houfes  of  Parliament  is, 
November.     ^  That  the  £or(j  Marquis  of  Hertford,  Governor 

*  to  the  Prince,  will  take  Care  that  his  ordinary 
4  Refidence  and  Abode  be  at  his  own  Houfe  ;  and 

*  that  no  fuch  Perfon,  as  may  give  Caufe  of  Diltruft 

*  of  meddling  with  him,  either  in  any  Point  againft. 

*  his  Religion,  or  againft  the  Security  of  his  Perfon, 

*  be  admitted  about  him;    and,  to  this   Purpofe, 
'  that  the  faid  Marquis  do  diligently  attend  him  in 

*  Perfon;   and  this  Care  both  Houfes  expedt  that 
'  his  Lordfhip  will  take,  as  he  will  anfwer  it  to  the 
'  King  and  Kingdom/ 

HerMa'eft  's         ^ie  Qyeen  return'd  Anfwer,  That  Jhe  gave  the 
Anfwer.  Parliament  Thanks  for  their  Care  of  her  Son.      The 

Occafion  why  (he  fent  for  him,  was  to  celebrate 
the  Birth-Day  of  one  of  his  Sifters ;  but  that  be 
Jhwld  be  presently  fent  bad  to  Richmond.  And 
added,  That  Jhe  made  no  doubt  but,  at  the  King  s 
Return,  the  Parliament  would  exprefs  the  fame  Care 
of  his  Majeftys  Honour  and  Safety. 

November  I.    In  the  Morning  of  this  Day,  the 
Lord  Keeper,  the  Lord  Privy  Seal,  the  Earl  Mar- 
ihal,  the  Lord  Admiral,    the  Lord  Chamberlain, 
the  Earls  of  Bath,  Dor  fit  y  Leicejhr, Warwick, Hd- 
land,  Berks,  and  Brijhl,  with  the  Lords  Say  and 
Sele,  Mandeville,  Goring,  and  F/ilmot,  all  Lords  of 
his    Majefty's  Moft  Honourable  Privy  Council, 
A  Committee  of  came  into  the  Houfe  of  Commons;  and  informed 
t^Co'ZonT  fhe ,Members  of  certain  Intelligences  which  were 
with  the  Rebel-  latcly  come>  °f  a  great  Treafon  and  general  Rebel- 
lion in  Ireland,  lion  of  the  Papifls  in  Ireland,  and  a  Defign  of  cut- 
ting off  all  the  Proteftants  there,  and  feiz!imr  on  all 
torts  in  that  Kingdom.  The  Letters  and  Exa- 
minations that  exprelTcd  the  Nature  of  thefe  Trea- 
fons,. were  all  read  publickly  in  the  Houfe,  in  Pre- 
cc  of  the  faid  Lords,  who  had  Chairs  fet  on 
: :  for  them  ;  and,  after  they  had  been  there  a 
le  while,  Mr.  Speaker  defired  them  to  fit  and  be 
covered. 


Of    E  N  G  L  A  N  D.       25 

Thefe  Letters  and  Examinations  are  entered  at 
Length  in  the  Lords  Journals  of  this  Day;  but  fmce 
they  are  alfo  in  RuJhVt/cftffs  Collections,  and  in  , 
other  Hiftorians  of  thefe  Times,  and  are  much  too 
long  for  our  Purpofe,  we  fhall  omit  them  ;  and 
only  give  the  Refolutions  of  the  Commons  on  this 
important  Occafion. 

On  the  Lords  withdrawing;,  theHoufe  of  Com- 
mons went  immediately  into  a  Committee  to  take 
this  Affair  into  Confideration,  and  to  provide  for 
the  Safety  of  both  Kingdoms ;  and,  after  fome 
Time  fpent  therein,  it  was  refolded,  upon  the  Que- 
ftion, 'That  the  Sum  of  50,000 /.  be  forthwith  Rcf0!utions  of 
provided  :  That  a  Conference  be  defired  with  the  the  Commons 
Lords,  to  move  them,  that  a  felecl  Committee  ofthereuPon* 
both  Houfes  may  be  appointed  to  go  to  the  City  of 
London,  and  acquaint  them  with  the  Bufmefs  in  Ire- 
land; and  that  the  lending  of  Aloney  at  this  Time 
will  be  an  acceptable  Service  to  the  Common- 
wealth: To  propofe  unto  them  the  Loan  of 
50,000  /.  and  allure  them  that  they  fhall  be  fecu- 
red,  both  for  Principal  and  Intereft,  by  Adi  of  Par- 
liament.' 

Refohed,  c  That  another  Head  of  this  Confe- 
rence fhall  be  to  defire  the  Lords,  that  a  felecl  Com- 
mittee of  both  Houfes  may  be  named,  to  confider 
of  the  Affairs  of  'Ireland,  and  of  the  raifing  and 
fending  of  Men  and  Ammunition  thither  from 
hence  :  A  Declaration  of  both  Houfes  to  be  fent 
into  Ireland ;  and  that  this  Committee  may  have 
Power  to  open  fuch  Packets  as  come  from  thence, 
or  go  from  hence  thither.' 

Refohed,  upon  the  Queftion,  *  That  Owen  Co- 
nolly,  who  difcovered  the  great  Treafon  in  Ireland, 
fhall  have  500  /.  prefently  paid  him,  and  200 /. 
per  Annum,  Penfion,  untill  Provifion  may  be  made 
of  Inheritance,  of  greater  Value  ;  and  to  be  recom- 
mended to  the  Lord  Lieutenant  there  for  fome 
Preferment.' 

Refolved,  upon  the  Queftion,  «  That  the  Per- 
fons  of  Papifts  of  Quality  may  be  fecured,  in  the 

feveral 


26      The  Parliamentary  HISTORY 

An.  IT.  Car.  I. feveral  Counties  of  this  Kingdom  where  they  re- 
Ib4!-        fide  ;  and  that  luch  Englijh  Papifts  as  have,  within 

1 y-*-*    oneYear  laft  paft,  removed  themfelves  into  Ireland, 

November.  except  fuch  perfons  as  have  antient  Eftates  and  Ha- 
bitations there,  may,  by  Proclamation,  be  recalled, 
within  one  Month  after  the  Publication  of  it  in  that 
Kingdom  ;  or  elfe  fome  Courfe  be  taken,  by  Act 
of  Parliament,  to  fequefter  their  Eftates/ 

There  were  fome  other  Refolutions  made,  rela- 
ting, to  the  Diflblution  of  the  Capuchin- Hovfe  in  the 
Strand:  To  defire  that  the  Ambafiadors  may  be 
lent  to,  to  deliver  up  fuch  Priefts,  as  are  the  King's 
Subjects,  in  their  Houfes  :  That  a  Lift  may  be 
brought  in  of  the  Queen's  Priefts,  and  other  her 
Servants,  with  thofe  of  the  Prince,  and  all  fuch  as 
are  about  the  King's  Children.  A  Proclamation, 
commanding  all  Strangers,  that  are  not  Proteftants, 
to  deliver  in  Tickets  of  their  Names,  within  two 
Days,  or  elfe  to  depart  the  Kingdom.  All  Inn- 
keepers, and  others  that  entertain  Lodgers,  to  give 
in  Tickets  of  the  Names  of  all  fuch  as  lodge  in 
their  Houfes,  to  the  Lord  Mayor  and  Aldermen  of 
London,  or  to  the  next  Juftices  of  the  Peace  in 
Middlesex,  &c.  All  which  Votes  and  Refolutions 
were  agreed  unto  by  the  Lords  at  a  Conference. 

November  2.  TheCommons  expelled  Mr.  Henry 
pdkd'Srfdjfn"  $enfon">  Member  for  Knarejbrougb,  for  granting  and 
Protections.       felling  Protections ;    and   a  Writ  was  ordered  to 
chufe  a  new  Member  in  his  Room. 

One£0^r/P£////>5,aRomiPnPrieft,  and  Servant 
to  the  Queen,  was  brought  before  the  Houfe  of 
Lords,  to  be  examined  as  a  Witnefs ;  who  hear- 
ing the  Oath  read  to  him  which  he  was  to  take,  ob- 
jedled  to  it  as  being  top  general,  and  that  he  might 
thereby  be  obliged  to  accufe  himfelf :  But  the  Lords 
fatisfying  him  in  that  Point,  he  confented  :  Then 
a  Bible  being  brought,  he  faid,  That  the  Bible  ufed 
by  them  was  not  a  true  Bible,  and  therefore  his  Oath 
ivould  not  bind  him  ;  which  Words  he  affirmed  a 
fecond  i  ime.  The  Lords  conceiving  that  thefe 
Words  wcreufcd,  without  any  Occafion  given,  to 

the. 


Of    E  N  G  L  A  N  D.        27 

ihe  Scandal  of  their  Religion,    and  in  the  Face  o^  An.  17.  Car.  I. 
a  Parliament,  thought  proper  to  lend  thefaid  Phi-         l6*T< 
lips  to  the  Tower ;  and  thefe  Reafons  were  ordered     ^"    VT~"'' 
,to  be  delivered  to  the  Queen  for  his  Commitment. 

The  Queen's 

November  3.  Several  more  Orders  made,  by  both  Co"fef^r  tTm" 
Houfes,  relating  to  the  Irijb  Affairs  ;  and  a  Letter  f0^e^° 
ordered  to  be  wrote  and  fent  to  the  King  in  Scotland, 
preflins  his  fpeedy  Return  to  this  Kingdom.     The  Pioceedings  re- 
Houfes' meeting  with  fome  Reluaancy,  in  the  Cry  ^^^lriJh 

•         i  r        T  f  I  K.ebeUion« 

ot  London,  concerning  the  prefent  Loan  of  5o,oco/. 
as  demanded;  the  Commons  order'd  20,000 /.  to 
be  forthwith  had  out  of  the  ready  Money  in  the 
Treafury ;  and  voted  that  6000  Foot  and  2000 
Horfe,  be  fpeedily  raifed  and  tranfported  into  Ire- 
land: That  a  convenient  Number  of  Ships  fhall  be 
provided  to  guard  the  Iri/h  Coafts  ;  and  that  Ma- 
gazines of  Victuals,  &c.  mail  be  placed  in  the  feve- 
ral  Ports  of  this  Kingdom,  ready  for  tranfporting  to 
Ireland,  with  other  Articles  of  the  like  Nature : 
To  all  which  the  Lords  agreed. 

November  4.  Both  Houfes  were  yet  very  bufily 
employed  on  the  Irijh  Affairs  :  A  Declaration  was 
framed  to  be  fent  there  and  publifhed  :  Letters  fent 
alfo  to  the  Lords  Juftices  in  that  Kingdom,  with 
Orders  how  to  proceed  in  their  Conduct  for  fup- 
prefling  the  Rebellion. 

November  5.  Little  Bufmefs  donebecaufe  of  the 
Solemnity  of  the  Day.  Dr.  Burgefs  preach'd  be- 
fore the  Commons,  and  was  defired  to  print  his 
Sermon.  A  Report  was  made  to  the  Houfe  of 
Lords,  by  the  Lord  Seymour,  of  the  Queen's  An- 
fwer  to  the  Meffage  fent  her_  about  the  Commit- 
ment of  Father  Philips,  her  Confeffor ;  which  was 
in  thefe  Words  : 

My  Lords, 

rHE  Meffage  I  received  from  you,  I  have  taken  ThcQueen'sAo- 
intoferious  Confederation,  and  do  not  a  little  won-  f-vcr  to  che  Lord* 
der  that  Father  Philips  Jbouldfo  much  forget  himfelf,  S&j 


28      The  Parliamentary  HISTORY 

An.  17.  C«r.  i.  as  I  fend  he  hath  done;  which  Lam  jo  far  from  ap- 
proving* that  I  cannot  but.be.  forry  far  it.  I  mujf 
acknowledge  your  Refpetts  to  me,  in  giving  me  Satif- 
faclion  in  your  Proceedings  therein,  tf  1  did  not  be- 
lieve what  was  done  by  him  is  out  of  Simplicity,  I 
Jbould  not /peak  for  him.  •  You.  all  know  how  near  hs 
is  to  me  by  the  Place  he  holds  ; -and  if  it  Jball appear 
unto  you,  that  he  hath  not  malicioufty  done  any  Thing 
agairfl  tie  State,  if,  for  my  Sake, you  will pafs. by  this 
prefent  Offence,  1  ft: all  take  it  as  a  further  f'cji'imony 
of  your  Rejpefls  unto  me  ;  ivlnch  I  Jhatl  be  ready  ta 
ncknmvlcdge  upon  all  Oaafions  that  fball  offer. 

Some  Days  after,  the  Prieft,  petitioning  for  a 
Releafe,  the  Lords  were  inclined  to  grant  it,  on  his 
humble  Submiflion  ;  but,  fending  to  the  Commons, 
it-was  rcfufed  ;  and  he  was  not  admitted  to  Bail 
till  the  fecund  of  next  Month. 

Several  Days  now  pafTed  over,  without  any 
Thing  material  in  the  Journals,  except  more  Or- 
ders tor  levying  Forces,  and  carrying  a  Prefs-A£t 
thro'  both  Houfes,  till 

November  10,  when  the  Commons  went  upon 
two  great  Points,  the  framing  of  new  Inflruclions  to 
be  fent  to  their  Commiflioners  in  Scotland,  and  pre- 
paring aDeclaration,  or  Remonftrance,  of  the  State 
of  the  Kingdom.  The  latter  of  thefe  was  read  the 
firft  Time,  in  the  Commons,  the  Day  before  ; 
when  feveral  more  Grievances  were  given  in,  and 
ordered  to  be  added  to  it :  And  the  Inftruclions 
were  reported  to  the  Houfe  of  Lords  as  follows  k  : 


I.  *  '\7'O  U  fhall  humbly  inform  his  Majefty, 
.  j[     that  the  Propufitions  made  tuthePav- 

'"   *  liamcnt  of  Scotland,  concerning  their-Affiftance  for 


the  Parliment 


•  tj 

Scotland.  '  fuppreffing  the  Rebellion  in  Ireland,  hath  been 

*  fully  conlidered  ajid  debated  by  both  Houfes  of 

4  Par- 

fc  The  Articles  in  thefe  Inftruftions  are  fomewhat  tranfpofed  .in 
Rvjbwortli,  but  arc,  tot-Jem  Verbh,  the  fame  as  in  the  Lords  Jc'.'.r- 
:    The  lucccciling  Speech  of  Mr.  Ppntnt  is  copied   from  thoje 
.;ovitics,  and  is  not  in  his  Collisions. 


Of    E  N  G  L  A  N  D.       29 

*  Parliament  here;  and  their  wife  and  brotherly  Ex-  Ar 

*  prelllons  and  Proceedings  are  apprehended  and 
'  entertained  here  by  us,  not  only  with  Approba- 
tion, but  with  Thankfulnefs  :  Wherefore  we  de-      November. 

*  fire  that  his  Majefty  will  be  pleafed,  that  you,  in 

*  the  Name  of  the  Lords  and  Commons  of  En* 
'  gland,  give  public  Thanks  to  the  States  of  the 
'  Parliament  of  Scotland,   for  their  Care  and  Rea- 

*  dinefs  to  employ  the  Forces  of  that  Kingdom  for 
'  the  reducing  the  rebellious  Subjects  of  Ireland  to 
'  their  due  Obedience  to  hisMajeity  and  the  Crown 
4  of  England. 

II.  4  You  fiaall  further  make  known  to  his  Ma- 
'  jefty^that  (in  the  great  and  almoft  univerfal  Re- 

*  volt  of  the  Natives  of  Ireland,  cheriftied  and  fo-r 
'  mented,  as  we  have  Caufe  to  fear,  by  the  fecret 
6  Practices  and  Encouragements   of  fome  foreign 
'  States,  ill  affected  to  this  Crown  ;  and,  that  the 

*  Northern  Parts  of  that  Kingdom  may  with  much 
'  more  Eafe  and  Speed  be  fupplied  from  Scotland 

*  than  from  England]  we  humbly  defire  and  be- 
'  feech  his  Majefty  to  make  Ufe  of  the  Affiftance 

*  of  his  Parliament  and  Subjects  of  Scotland,  for  the 
'  prefent  Relief  of  thofe  Parts  of  Ireland  which  lie 

*  neareft  to  them  ;   according  to  the  Treaty  agreed 

*  upon,  and  confirmed  in  both  Parliaments,  and 
'  their  affectionate  and  friendly  Diipofition  now 
'  lately  exprefled,  as  is  more  particularly  fpecified 
'  in  the  5th  Article. 

III.  '  You  (hall  prefent  to  his  Majefty  the  inclo- 
4  fed  Copy  of  the  Declaration,  which  we  have  fent 
c  into  Ireland,  for  the  Encouragement  of  his  good 

*  Subjects  there,  and  for  the  more  fpeedy  and  efFec- 

*  tual  oppofmg  of  the  Rebels  ;   and,  in  Execution 
'  and   Performance   of  our   Expreffions,    therein 
<•  made,  of  Zeal  and  Faithfulnefs  to  his  Majefty's 

*  Service,  we  have  already  taken  Care  for  50,000 /. 
'  to  be  prefently  borrowed  and  fecured  by  Parlia- 
'  ment :  We  have  likewife  refolved  to  haften  the 
'  Earl  of  Leicejler,  Lord-Lieutenant   of  Ireland, 
*•  very  fpeedily  to  repair  thither  ;  and  forthwith  to 

*  raife  a  convenient  Number  of  Horfe  and  Foot, 

'for 


30      The  Parliamentary  HISTORY 

17  Car.  I.  <  for  fecuring  Dublin  and  the  EngKJh  Pale,  with 
l641'         «  fuch  other  Parts  as  remain  in  his  Majefty's  Sub- 
SnbSf    *  jection,  intending   to   fecond  them  with   a  far 
4  greater  Supply. 

"iV.  '  We  have  further  ordered  and  directed, 
4  Tnat  his  Majefty's  Arms  and  Munition,  lying  in 
'  the  City  of  Carlijle,  fhali  be  tranfported  into  the 
«  North  Parts  of  Ireland,  for  the  Supply  ofCarrick- 
'  fergus,  and  other  his  Majefty's  Forts  and  Garri- 

*  fons  there;  and  that  a  convenient  Number. of 

*  Men  fhall  be  fent  from  the  North  Parts  of  En- 
«  glandy  for  the  better  Guard  and  Defence  of  thofc 

*  Forts  and  Countries  adjoining  ;   and  that  a  large 
'  Proportion  of  Arms  and  other  Munition  fhall  be 

*  fpeedily  conveyed,  out  of  his  Majefty's  Stores,  to 

*  Wejl-Chefter,  to  be  difpofed  of  according  to  the 
'  Direction  of  the  Lord- Lieutenant  of  Ireland^  for 
4  arming  the  Men  to  be  feht  from  England,  and 
'  fuch  other  of  his  Majefty's  loyal  Subjects  as  may 
'  be  railed  in  Ireland. 

V.  *  And  becaufe  we  underftand  that  the  Rebels 
e  are  like,  with  great  Strength,  to  attempt  the  Ruin 

*  and  Deftru&ion  of  the  Britijb  Plantation  \nUlfter; 

*  we  humbly  advifc  his  Majefty,  by  the  Counfel 

*  and  Authority  of  his  Parliament  in  Scotland,  to 

*  provide,  that  one  Regiment,  confifting  of  1000 

*  Men,  furnifhed  and  accomplifhed  with  all  necef- 
'  fary  Arms  an(d  Munition,  as  (hall  feem  beftto  their 
4  great  Wifdoms  and  Experience,   may,   with  all 

*  pofTible  Speed,  be  tranfported  into  Ireland;  under 
4  the  Command  of  fome  worthy  Perfon,  well  af- 

*  fected  to  the  Reformed  Religion,   and  the  Peace 

*  of  both  Kingdoms,  and  well  enabled  with  Skill, 

*  Judgment,  and  Reputation  for  fuch  an  Employ - 
1  mcnt ;  which  Forces  we  defire  may  be  quartered 

*  in  thofe  Northern  Parts  for  the  oppofing  of  the 

*  Rebels,  and  Comfort  and  Affiftance  of  his  Ma- 
c  jpfy's  good  Subjedts  there ;  with  Inftrudlions  from 

*  his  Mnjefty  and  the  Parliament  c{  Scotland,  that 
'  they  {hall,  upon  all  Occafions,  purfue  and  ob- 

ve  the  Directions  of  the  Lord-Lieutenant,  his 

*  Lieutenant-General,  or  the  Governor  of  Ireland, 

s  accord- 


Of    E  N  G  L  A  N  D.        3r 

'  according  to  their  Authority  derived  from  his  An.  17.  Car.  I. 

*  Majefty  and  the  Crown  of  England. 

VI.  *  And,  as  touching;  the  Waces  and  other    ^r"~v7~~'' 
/->i  i/-  i         i'ii-      A  n-n  MI  November*    ' 

*  Charges  needful,  which  this  Amltance  will  re- 

'  quire,  we  would  have  you,  in  our  Name,  to  be- 

*  feech  his  Majefty  to  commend  it  to  our  Brethren, 

*  the  Eftates  of  the  Parliament  of  Scotland,  to  take 

*  it  into  their  Care,  on  the  Behalf  of  his  Majefty, 
4  and  this  Kingdom,  to  make  fuch  Agreements 
4  with  all  the  Commanders  and  Soldiers  to  be  em- 
4  ploy'd,  as  they  would  do  in  the  like  Cafe  for  them- 
4  felves ;  and  to  let  them  know,  for  our  Parts,  we 
4  do  wholly  rely  upon  their  honourable  and  friendly 

*  dealing  with  us,  and  will  take  Care  that  Satisfac- 
4  tion  be  made  accordingly. 

VII.  *  You  (hall  reprefent  to  his  moft  Excellent 
4  Majefty  this  our  humble  and  faithful  Declaration, 

*  that  we  cannot,  without  much  Grief,  remember 
4  the  great  Miferies,   Burthens,   and  Diftempers 
'  which  have,  for  divers  Years,  afflicted  all  his 
4  Kingdoms  and  Dominions,  and  brought  them  to 
4  the  la  ft  Point  of  Ruin  and  Deftruction;  all  which 

*  have  ifTucd  from  the  cunning,  falfe,  and  mali- 
4  cious  Practices  of  fome  of  thofe  who  have  been 
4  admitted  into  very  near  Places  of  Counfel  and 
4  Authority  about  him;  who  have  been  Favourers 
4  of  Popery,  Superftition,  and  Innovation ;  Sub- 
4  verters  of  Religion,  Honour,  and  Juftice;  Fac- 
4  tors  for  promoting  the  Defigns  of  foreign  Princes 
4  and  States,  to  the  great  and  apparent  Danger  of 
4  his  Royal  Pcrfon,  Crown,  and  Dignity,  and  of 
4  all  his  People ;  Authors  of  falfe  Scandals  and  Jea- 
4  loufies  betwixt  his  Majefty  and  his  loyal  Subjects; 
4  Enemies  to  the  Peace,  Union,  and  Confidence 
4  between  him  and  his  Parliament,  which  is  the 
4  fureft  Foundation  of  Profperity  and  Greatnefs 
4  to  his  Majefty,  and  of  Comfort  and  Hope  to 
4  them :  That,  by  their  Counfels  and  Endeavours, 
4  thofe  great  Sums  which  have  been  lately  drawn 
4  from  the  People,  have  been  either  confumed  un- 
4  profitably,  or  in  the  Maintenance  of  fuch  Defigns 
*  as  have  been  mifchievous  and  deftructive  to  the 

4  State; 


32      Tie  Parliamentary  HISTORY 

An.  17.  Car.  j. *  State;  and  whilft  we  have  been  labouring  to  fup- 

1641.         <  p0rt  his  Majefty,  to  purge  out  the   Corruptions 

**• — *""-''    *  and  reftore  the  becays  both  of  Church  and  State ; 

November.      ,  others>  of  their'  Faction  and  Party,  have  been 

4  contriving,  by  Violence  and  Force,  to  fupprefs 

4  the  Libeny  of  Parliament,  and  endanger  the  Safe- 

4  ty  of  thoie  who  have  oppofed  fuch  wicked  and 

4  pernicious  Courfes. 

VIII.  '  That  we  have  juft  Caufe  to  believe,  that 
4  thofe  Confpiracies  and  Commotions  in  Ireland, 
4  are  but  the  Effects  of  the  fame  Counfels ;  and  if 

*  Perfons  of  fuch  Aims  and  Conditions  fhall  ftill 
4  continue  in  Credit,  Authority,  and  Employment, 

*  the  ere  at  Aids  which   we  {hall   b.e  enforced  to 
4  draw" from  his  People,  for  fubduingthc  Rebellion 

*  in  Ireland,  will-  be  applied  to  the  fomenting  and 
'  cherishing  of  it  there,  and  encouraging  fome  luch- 
4  like  Attempt  by  the  Papifts  and  ill -affected  Sub- 

*  je&s  in  England;  and,  in  the  End,  to  the  Sub- 
4  verfton  of  Religion,  and  Dcftruflion  of  his  loyal 
'  Subjects  in  both  Kingdoms  ;  and  do  therefore 
4  moil  humbly  befeech  his  Majefty  to  change  thofe 
'  Counfels  from  which  fuch  ill  Courfes  have  pro- 

*  cceded,  and  which  have  caufed  fo  many  Miferies 

*  and  Dangers  to  himfelf  and  all  his  Dominions  \ 
4  and  that  he  will  be  gracioufly  plcafcd  to  employ 
4  fuch  Counfels  and  Minifters,  as  (hall  be  approved 
4  of  by  his  Parliament,  who  are  his  greateft  and 
4  moft  faithful  Council ;  that  fo  his  People  may, 
4  with  Courage  and  Confidence,  undergo  the  Charge 
4  and  Hazard  of  this  War;  and,  by  their  Bounty 
4  and  faithful  Endeavours,  with  God's  Blcffing, 
4  reftore  to  his  Majefty  and  this  Kinp,dom  that  Ho- 
1  nour,  Peace,  Safety,  and  Profpenty  which  they 
4  have  enjoyed  in  former  Times. 

*  And  if  herein  his  Majefty  fliall  not  vouchfafe 

4  to  condescend  to  our  humble  Supplication,  altho' 

fliall  always  continue,  with  Reverence  and 

*  Faithfulncfs  to  his  Perfon  and  to  his  Crown,  to 
4  perform  thofe  Duties  of  Service  and  Obedience, 
4  to  which,  by  the  Laws  of  God  and  this  King- 
'  dom,  we  are  ob'liged  ;  yet  we  fliall  be  forced,  in 

Dif- 


Of    E  N  G  L  A  N  D.         33 

*  Difcharge  of  theTruft  which  we  owe  to  the  State,  An.  17. 
'  and  to  thofe  whom  we  reprefent,  to  refolve  up- 

4  on  fome  fuch  Way  of  defending  Ireland  from  the 

4  Rebels,  as  may  concur  to  the  fecuring  ourfelves  ' 

*  from  fuch  mifchievous  Counfels  and  Defigns,  as 
'  have  lately  been  and  ftill  are  in  Practice  and  A- 

*  gitation  againft  us,  as  we  have  jufl  Caufe  to  be- 

*  lievc;  and  to  commend  thofe  Aids  and  Contribu- 

*  tions,  which  this  great  Neceffity  {hall  require,  to 
4  the  Cuftody  and  Difpofing  of  fuch  Perfons  of  Ho- 

*  nour  and  Fidelity  as  we  have  Caufe  to  confide  in.' 

When  thefe  InftrucHons  were  read  at  the  Con- 
ference, Mr.  Pymme  proceeded  in  explaining  to 
the  Lords  the  feveral  Steps,  as  they  are  there  called, 
by  which  evil  Counfels  become  dangerous  : 

j/2,  '  That  the  Dangers  which  come  to  the  Mr.  Pjmae's 
State  by  ill  Counfejs,  are  the  moft  pernicious  of  all Speech,ata Con- 
others :  And  fmce  it  is  ufual  to  compare  Politic  Bo-*"nt";£  ™a"™; 
dies  with  Natural ;  the  Natural  Body  is  in  Danger Of  evil  Counfels. 
divers  Ways,   either  by  outward  Violence,  that 
may  be  forefeen  or  prevented;  or  elfe,  by  lefs  ap- 
pearing Maladies,  which  grow  upon  the  Body  by 
Diftempers   of    the    Air,    immoderate    Exercife, 
Diet,  &c.  and  when  the  Caufes  of  the  Difeafe  arc 
clear,  the  Remedy  is  eafily  applied  ;  but  Difeafes 
which  proceed  from  ther  inward  Parts,  as  the  Liver, 
the  Heart,  or  the  Brains,  the  more  noble  Parts, 
it  is  a  hard  Thing  to  apply  a  Cure  to  fuch  Difeafes. 
Ill  Counfels  are  of  that  Nature  ;  for  the  Mifchiefs 
that  come  by  evil  Counfel  corrupt  the  vital  Parts, 
and  overthrow  the  public  Government. 

2dty,  *  That  there  have  been  lately,  and  ftill  are, 
ill  Counfels  in  this  Kingdom,  and  about  the  King. 
That  there  have  been  lately,  you  will  not  doubt, 
when  the  main  Courfe  of  the  Government  hath* 
been  fo  employed,  as  Popery  thereby  hath  been 
maintained,  the  Laws  fubverted,  and  noDiftin&ion 
between  Juftice  and  Injuftice  :  And  that  there  are 
ill  Counfels  ftill,  is  apparent  by  theCourfes  taken 
to  advance  mifchievous  Defigns;  but  that  his  Ma- 
jefty's  Wifdom  and  Goodnefs  kept  them  from  the 

VOL.  X.  C  Heart 


34       We  Parliamentary  HISTORY 

An.  17.  Car.  I.  Heart,  tho'  they  were  not  kept  out  of  the  Court : 

l64il    .  So  moft  principal  and  mifchievous  Defigns  have 

^^^  been  praaifed  by  fuch  as  had  near  Accefs  unto  his 

Majefty,  tho'  not  to  his  Heart ;  and  the  Apologifts 

and  Promoters  of  ill  Counfels  are  ftill  preferred. 

•$dly,  *  The  ill  Counfels  of  this  Time  are,  in 
their  own  Nature,  more  mifchievous  and  more  dan- 
gerous than  the  ill  Counfels  of  former  Times : 
Former  Counfels  have  been  to  pleafe  Kings  in  their 
Vices,  from  which  our  King  is  free,  and  fome- 
times  for  racking  of  the  Prerogative.  If  it  had  gone 
no  further  it  had  brought  many  Miferies,  but  not 
Ruin  and  Deftru&ion :  But  the  ill  Counfels  of  this 
Time  are  deftru&ive  to  Religion  and  Laws,  by 
altering  them  both  ;  therefore  more  mifchievous, 
in  their  own  Nature,  than  thofe  of  former  Times. 

tybly,  *  That  thefe  ill  Counfels  have  proceeded 
from  a  Spirit  and  Inclination  to  Popery;  and  have 
had  a  Dependence  on  Popery,  and  all  of  them  tend 
to  it.  The  Religion  of  the  Papifts  is  a  Religion 
incompatible  with  any  other  Religion  ;  deftruSive 
to  all  others,  and  doth  not  endure  any  Thing  that 
oppofeth  it.  Whofoever  doth  withftand  their  Re- 
ligion, if  they  have  Power,  they  bring  them  to 
Ruin.  There  are  other  Religions  that  are  not 
right,  but  not  fo  deftruclive  as  Popery ;  for  the 
Principles  of  Popery  are  deftruftive  of  all  States  and 
Perfons  that  oppofe  it.  With  the  Progrefs  of  this 
mifchievous  Counfel  they  provide  Counfellors,  fit 
Inftruments  and  Organs,  that  may  execute  their 
own  Defigns ;  and  fo  turn  all  Counfels  to  their 
own  Ends:  And  you  find,  now  in  Ireland,  that 
thofe  Defigns,  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 
F  they  were  able ;  fo  intent  are  they  to  turn  all  to 
their  own  Advantage. 

Stbly,  «  Thatur.lefs  thefe  ill  Counfels  be  chan- 
ged, it  is  impoflible  that  any  Affiftance,  Aid,  or 
Advice  that  the  Parliament  can  take  to  reform,  will 
be  cffedhial ;  for  the  public  Orders  and  Laws  are 
but  dead,  if  not  put  in  Execution.  Thofe  that  are 

the 


Of    E  N  G  L  A  N  D.       35 

^the  Minifters  of  State  put  Things  into  Action ;  An.  17.  Car.  1. 
but  if  acted  by  evil  Men,  and  while  thefe  Counfels       l      ' 
are  on  foot,  we  can  expect  no  Good  ;  it  is  like  a     N^^bcrf 
Difeafe  that  turns  Nutritives  intoPoifon. 

6^6/y,  *  That  this  is  the  moft  proper  Time  to 
defire  of  his  Majefty  the  Alteration  and  Change  of 
the  evil  Counfellors,  becaufe  the  Commonwealth 
is  brought  into  Diftemper  by  them,  and  fo  exhauft- 
ed  that  we  can  endure  no  longer.  Another  Rea- 
fon  why  we  cannot  admit  of  them,  is,  to  fhew  our 
Love  and  Fidelity  to  the  King  in  great  and  extra- 
ordinary Contributions  and  Aids.  When  God  doth 
employ  his  Servants,  he  doth  give  fome  Promife  to 
roufe  up  their  Spirits;  and  we  have  Reafon  now  to 
expect  the  King's  Grace  in  great  Abundance.  This 
is  the  Time  wherein  the  Subjects  are  to  fave  the 
Kingdom  of  Ireland^  with  the  Hazard  of  their 
Lives  and  Fortunes  ;  and  therefore  expect  it  from 
his  Majefty  in  a  more  large  and  bountiful  Manner 
than  at  other  Times.  A  Time  of  great  Agitation 
and  Action ;  their  State  being  ready,  by  Prepara- 
tion, to  annoy  us,  ill  and  falfe  Counfels  at  home 
may  quickly  bring  us  to  Ruin.  As  we  have  Weak- 
nefs  at  home,  fo  we  ought  to  difcern  the  Actions 
abroad,  where  great  Provifions  are  made  :  And  a 
Carelefnefs  and  Improvidence  herein,  when  our 
Neighbours  are  fo  provided,  and  have  great  Fleets 
at  Sea,  will  open  a  Way  to  fudden  Ruin  and  De- 
ftruction,  before  we  can  be  prepared  ;  and  there- 
fore it  is  now  the  fitteft  Time  to  move  the  King. 

7//;/y,  and/c/?/x,  '  That  this  Alteration  of  Coun- 
fels will  bring  great  Advantages  to  the  King  in  his 
own  Defigns.  In  all  our  Actions,  our  Prayers  to 
God  fliould  be,  that  his  Name  may  be  glorified;  fo 
our  Petitions  to  his  Majefty  fhould  bring  Honour, 
Profit,  and  Advantage  to  him,  by  a  Difcourage- 
ment  to  the  Rebels  ;  a  great  Part  of  their  Confi- 
dence refting  in  the  evil  Counfels  at  home,  as  by  the 
Examinations  appeareth.  It  will  be  a  great  En- 
couragement to  the  King's  good  Subjects  at  home, 
who  hazard  their  Lives,  and  give  Aid  and  Contri- 
bution, to  have  Things  govern'd  for  the  Public 
C  2.  Good, 


36        T^he  Parliamentary  HISTORY 

Xn.  17.  Car.  I.  Good.     It  will  make  Men  afraid  to  prefer  Servants 

l64I-        to  the  King  that  are  ill  Counfellors,  when  they 

^^^  (hall  come  to  the  Examination  of  the  Parliament; 

for  many  Times  Servants  are  preferred  to  Princes 

for  the  Advantage  of  foreign  States. 

'  This  will  put  an  Anfwer  into  the  King's 
Mouth  againft  all  Importunities,  That  he  is  to 
prefer  none,  but  fuch  as  will  be  approved  of  by 
Parliament.  Thofe  that  are  honourable  and  molt 
ingenuous  are  apteft  to  be  troubled  in  this  Kind, 
and  not  to  deny :  Therefore  the  King  may  an- 
fwer,  '  He  hath  promifed  his  Parliament  not  to 
admit  of  any,  but  by  Advice  of  Parliament.'  This 
will  filence  them  all. 

*  Thefe  are  domeftic  Advantages  :  But  it  will 
alfo  make  us  fitter  to  enter  into  Union  and  Treaty 
with  foreign  Nations  and  States,  and  to  be  made 
Partakers  of  the  Strength  and  Afliftance  of  others ; 
it  will  fortify  us  againft  the  Defigns  of  foreign 
Princes.  There  hath  been  one  c6mmon  Counfel 
at  Rome  and  in  Spain,  to  reduce  us  to  Popery  ;  if 
we  purfue  good  Counfel  at  home,  we  fhall  be  the 
better  prepared  to  preferve  Peace  and  Union,  and 
better  Refpecl  from  Ireland.  It  will  alfo  make  us 
fit  for  any  noble  Defign  abroad.* 

Previous  to  this  Conference  about  evil  Counfel- 
lors, &c.  there  had  been  a  Debate  in  the  Houfc 
of  Commons,  this  Day,  on  the  fame  Subject,  in 
which  we  find  a  Speech  of  Sir  William  Drake., 
Member  for  ^gmondejham,  as  follows :  ' 

Mr.  Speaker, 

SirW//.  Drake' S  \  ^  we  conn^er  thofe  dangerous  Difturbances 
on  the  fame  Sub-  J£  tn^  this  Kingdom  hath,  of  late  Years,  labour- 
J^«  cd  under,  'tis  certain  that,  in  a  general  and  original 

Confideration,  we  cannot  but  impute  them  to  the 
Wrath  of  God,  for  the  Sins  of  this  Nation  j  but,  in 
a  fecond  and  more  particular  Confideration,  we  may 
properly  afcribe  them  to  the  violent  Counfels  of  fome 
late  Minifters  of  State ;  who,  either  for  want  of  Coun- 
fel, 

I  London,  printed  by  William  Lt.nvr.dcs,   1641.     Not  in  Rulh- 


Of    ENGLAND.       37 

fel,  or  by  malicious  Pra&ice,  have  broughtthis  State,  An.  17.  Car.  I. 
from  a  happy,  firm,  and  ftrong  Constitution,  to  fo         ' 
weak  and  feeble  a  Temper,  that  the  great  Phyfician, 
the  Parliament,  cannot,  but  with  extreme  Difficulty, 
apply  Remedies  fit  and  proportionable  to  the  Dif- 
eafe,  without  they  inevitably  run  fome  Hazard  of 
endangering  the  Body  itfelf ;  it  being  very  perilous 
to  apply  ftronger  Remedies  than  the  Strength  and 
Conftitution  of  the  Patient  can  well  bear. 

*  Mr.  Speaker,  you  were  truly  told,  by  a  grave 
and  worthy  Member  m,  at  the  Beginning  of  this 
Parliament,Thatit  muft  be  fome  extreme  Neceffity, 
that  would  rectify  and  recover  this  State  ;  and  that, 
when  that  Extremity  did  come,  it  would  be  a  great 
Hazard  whether  it  might  prove  a  Remedy  or  a 
Ruin  j  becaufe  violent  Difeafes  do  moft  commonly 
require  violent  Remedies,  and  violent  Remedies  are 
ordinarily  pregnant  of  new  Mifchiefs ;  which  hath 
caufed  thoie  States,  beft  fkill'd  in  Government,  al- 
ways todifcern  Evil  afar  ofFin  their  Caufes ;  and,  by 
their  Wifdom  and  Forefight,  to  prevent  them.  lam 
confident,  had  we  had  frequent  Parliaments,  we 
(hould  have  given  a  timely  Stop  to  Mifchiefs,  and  ne- 
ver have  fufFered  them  to  have  broken  in  upon  us  with 
fuch  an  Inundation  of  Diftempers  that,  without 
Divine  Prevention,  may  yet  fwallow  us  up. 

*  Mr.  Speaker,  it  isobferved  of  the  Roman  Senate, 
a  Pattern  of  beft  Government  fo  long  as  they  held 
up  their  firft  Virtue  and  Valour,  that,  after  a  great 
Defeat  by  Hannibal,  their  Confederates  began  to 
forfake  them.     But  Hiero,  King  of  Sicily,  having 
fo  piercing  a  Judgment,  that  he  could  fee  thro'  the 
prefent  to  the  future  ;  and  obferving  the  Romans 
ftill  fo  confiderate  and  conftant  in  all  their  Proceed- 
ings, even  in  this  extreme  Exigency  of  their  Affairs; 
and  that  their  Laws  were  never  more  ftriclly  ob- 
ferved  by  their  Magiftrates,  nor  their  People  more 
obedient  to  their  Senate  or  Parliament  j  and  how 
their  Military  Difcipline  was  never,  likewife,  more 
feverely  obferved  :   This  wife  Prince,  feeing  their 

C  3  Foun- 

m  Sir  Berjarnir.  Rudyard. 


38      The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Foundations  flood  thus  firm,  fent  them  Prefents  of 
l64J-        great  Value  ;  and  correfponded  with  them  in  aftridl- 

**•  —  "'"""""'    er  League  of  Friendfhip  than  ever  before  :   Not 
November. 


phyficialli  whO)  feejng  favourable 
Symptoms  in  the  ftrongeft  Fit  of  his  Patient's  Dif- 
eafe,  conceives  firm  Hope  of  his  perfect  Recovery. 

4  Now,  Mr.  Speaker,  if  we  fet  before  us  an 
Image  or  Reprefentation  of  thofe  Diftempers  we 
ftand  environed  withall,  there  could  not  poflibly  be 
that  extreme  Danger  in  them,  but  that  there  might 
be  good  Hopes  of  a  fpeedy  Recovery  ;  had  we  kept 
dole  and  conftant  to  thofe  Grounds  of  Religion, 
Laws,  and  Military  Difcipline,  which  have  been 
noted  by  the  wifeft  Legiflators,  to  have  been  the 
main  Caufe,  next  under  God,  of  the  Strength  and 
Duration  of  a  State. 

*  But,  Sir,  if  we  examine  it,  how  have  our  very 
Foundations  been  fhaken  ?  What  Superftition  and 
Innovations  have  been  brought  in  upon  our  Reli- 
gion, of  late  Times,  by  ambitious,  heady,  and  paf- 
lionatc  Men?  And  from  this  Fountain,  originally, 
as  I  conceive,  flows  moft  Part  of  our  prefent  Di- 
rtraclions.  Queen  Elizabeth^  of  facred  and  pre- 
cious Memory  to  this  Nation,  keeping  ftedfaft  and 
conftant  to  this  Ground  of  Religion,  keptthis  King- 
dom peaceable  and  united  at  home  ;  afforded  a 
comfortable  Influence  and  Afliftancc  to  the  Prote- 
ftant  Parties  abroad  ;  and,  after  a  long  and  happy 
Reign,  went  unto  her  eternal  Reft  in  Glory. 

*  And  truly,   Sir,  I  fpeak  it  with  all  Humility, 
yet  with  fome  Confidence,  that  I  (hall  never  ex- 
pedl  to  fee  the  quiet  fettled  State  of  this  Kingdom, 
till  there  be  fome  Courfe  taken  to  fettle  Religion  to 
fome  Rule  and  Uniformity  ;  and  not  to  be  thus  fuf- 
fered  in  an  uncertain  Condition,  between  illegal 
Innovations  and  Superftition  on  the  one  Side,  and 
I  know  not  what  lawlefs  and  irregular  Confufion 
on  the  other. 

*  And  let  us  all,  I  befeech  you,  calmly  and  fe- 
rioufly  confider,  how  natural  a  Motion  it  is  to  moft 
Men,  not  limited  by  fome  Law,  when  they  are 

come 


Of    E  N  G  L  A  N  D.        39 

come  out  of  one  Extreme,  wherein  they  have  been  -An.  17.  Car  i. 
held  by  Fear,  to  run  with  as  violent  a  Courfe  into 

another,  from  Superftition  and  Idolatry  to  Irreve- 

_         r  /•    /•*«     i»  >  i-      T¥r     /i  > 

rence  and  Contempt   of  (aod  s  public  Worihip 

and  Ordinances. 

'  For  our  Laws,  Mr.  Speaker,  hqw  have  they 
been  violated  by  illegal  Taxations,  Imprifonments, 
Monopolies,  and  other  Preflures,  whereby  the  Sub- 
ject hath  been  profecuted  and  grieved  I  But  this  is 
ib  obvious  to  every  Man's  Underftanding  and  Senfe, 
that  I  fhall  not  infill  upon  it. 

'  Mr.  Speaker,  I  come  next  to  our  Military  Dif- 
cipline ;  and  how  hath  this  Ground  of  Strength  been 
fhaken,  partly  by  the  Lofs  of  able  and  experienced 
Commanders  in  fruitlefs,  if  not  dangerous,  At- 
tempts abroad  ;  and  partly  by  Neglect,  and  not 
duly  keeping  up  our  Mufters  at  home  ? 

*  Mr.  Speaker,  every  Man  may  lay  it  as  lightly 
to  Heart  as  he  pleafes  ;  but  I  fhali  be  bold  to  tell 
you,  that  all  the  Laws,  that  we  have  or  fhall  make 
for  the  Defence  of  our  Religion  or  Liberties,  with- 
out provident  Care  in  this  Particular,  will  be  but 
like  to  fumptuous  and  glorious  Structures  without 
Roof  or  Covering,  fubject  to  all  Weather  and 
Storms  that  fhall  arife ;  and  whatever  Parliaments 
fhall,  with  great  Wifdom  and  Providence,  plant 
for  the  good  Eftate  of  future  Times,  without  due 
Provifions  for  our  Military  Defence,  may  be  foon 
cut  down  again  by  the  Violence  and  Malice  of  a 
ftronger  Sword. 

'  Therefore,  Mr.  Speaker,  as  you  have  taken  a 
provident  Care  for  the  fecuring  of  the  Havens  and 
Port- Towns,  fo  I  defire  there  may  be  timely  Con- 
fideration  had  of  the  Inland  Strength  of  the  King- 
dom; and  that  Mufters,  in  all  Counties  of  the  King- 
dom, be  carefully  (efpecially  in  thefe  perilous  Times) 
kept  up;  and  that  Care  be  taken  that  every  County 
may  have  a  fufficient  Proportion  of  Powder,  and 
other  Provifion,  for  their  neceflary  Defence.  That 
all  Commands  may  reft  in  faithful  Hands ;  and 
that  Certificates  of  the  true  State  of  all  Things, 
how  they  ftand  for  Defence,  may,  from  Time  to 

Time, 


40      The  Parliamentary  HISTORY 

•  Time,  be  fent  either  to  the  Council  of  War  you 
appoint  for  Ireland^  or  to  any  other  whom  the  Par- 
liament (hall  think  meet ;  and  thereupon  to  take 
Order,  from  Time  to  Time,  to  fupply  all  Defefts, 
as  well  of  Captains,  as  of  Munition,  Powder,  and 
ofter  Neceflaries. 

'  Mr.  Speaker,  this  Point  is  more  timely  to  be 
had  in  Confideration,  becaufe  our  Perils  will  in- 
creafe,  as  foreign  States  fettle  and  compofe  their  Af- 
fairs to  their  beft  Advantage :  And  therefore  I  (hall 
defire  that  ourQuietnefs  may  not  reft  any  longer  up- 
on fo  tickle  a  Ground,  as  the  Unquietnefs  of  our 
Neighbour  Kingdoms  ;  for  no  State  ftands  firm 
and  fecure,  but  upon  its  own  Foundations. 

'  There  is  one  Thing  more,  with  which  I  will 
conclude;  and  I  fhall  humbly  reprcfent  it  as,  in  my 
weak  Opinion,  a  great  Caufe  of  our  growing  Di- 
ftemper :  This  i:;  the  Abundance  of  Humours  we 
have  ftirred,  and  not  purged  away,  which  are 
but  fit  Fuel  for  frefh  Fire  to  take  hold  of,  if  it 
fhould  burft  forth;  therefore  as  there  be  great  Num- 
bers in  this  State,  §>uz  Pasna,  a  Calamitate  publics* 
Jmpunltatem  jlb'i  fponclent,  I  fhall  make  it  my 
humble  Motion  and  Defire,  That  we  make  fe- 
vere  Examples  of  fome  few  of  the  moft  capital 
Offenders  ;  and  either  pardon  the  meaner  Delin- 
quents, if  Juftice  will  admit  thereof,  or  at  leaft  to 
let  them,  in  fome  reafonable  Time,  know  what 
they  may  truft  to;  otherwife  as  many,  as  look 
defperately  upon  their  own  Fortunes,  will  be  too 
ready  to  give  their  Vote  for  Troubles,  and  feek 
their  own  Peace  in  the  Public  Difturbance;  the 
Number  of  whom,  as  I  conceive,  fhould  be  warily 
prevented,  efpecially  in  thefe  Times  of  iricreafinff 
Diftraftion. 

|  Sir,  I  have  troubled  you  too  long ;  and  am  not 
io  mconfiderate  but  to  object,  to  myfelf,  that  fome 

hmgs  are  of  more  inftant  and  prefent  Confidera- 
tion than  any  Thing  I  have  touched  upon  ;  as  your 
lending Provifions  fa  Ireland:  But  I  defire,  asthofe 
Affairs  are  in  fome  Mcafure  fettled  in  a  Wav,  we 
may  timely  apply  ourfelvcsto  the  Root  and  Oaufes 

of 


Of     ENGLAND.        41 

of  our  Diftempers;  begin  with  thofe  of  moft  Im-An.  17.  Car.  1 
portance;  and  fo  proceed  with  them  to  effect.'  1641. 

November  u.  This  Day  a  Letter  was  read  in     November- 
the  Houfe  of  Lords,  from  the  Council  of  Ireland, 
dated  November  5,  {hewing,  That  the  Protefrants  Account  of  the 
there  would  be  utterly  deftroyed,  and  that  King- raP'd  Pr°sref$  <* 
dom  cut  off  from  the  Crown  of  England,  if  prefent  J^. 
Supply  of  Men,  Ammunition,  and  Money  were  not 
fent  from  hence :  That  the  Rebels  proceeded  in  their 
Rebellion,  and  had  feized  on  the  Houfes,  Eftates, 
and  Perfons  of  divers  Men  and  Women  of  good 
Quality,  and  had  murdered  many  :     That  they 
were  gathered,  in  feveral  Parts  of  Ireland,  to  the 
Number  of  30,000,  and  threaten'd  that  they  will 
not  leave  an  Engl'ijh  Proteftant  there;  and  that 
they  will  not  lay  down  their  Arms  untill  an  Acl 
of  Parliament  be  pafled  for  Freedom  of  their  Re- 
ligion :  That  the  Council  defire  a  fpeedy  Supply     ' 
of  10,000  Men  with  Arms,  and  100,000 /.  in 
Money. 

November  12.  Many  Refolutions  and  Votes  The  Parliament 
pafled,  in  both  Houfes,  on  this  laft  Intelligence;  therefolvc  to  aus- 
N  umber  of  Forces  to  be  fent  were  augmented  to  me,nt  thrc  ^rces» 

T>  TT      f       1-1  •/-       i_      r»      i-       anc*  raile  Money 

10,000  Foot  and  2000  Horfe;  hkewife  the  Parha-forfuppreflingit. 
ment  of  Scot/and  were  to  be  defired  to  have  in  Rea- 
dinefs  1 0,000  Men  more,  to  be  tranfported  to  Ire- 
land, on  Occafion.  The  Letter  from  thence  was 
ordered  to  be  communicated  to  the  City  of  London, 
and  to  be  forthwith  printed  and  publifhed.  The 
Houfe  of  Commons  voted,  That  200,000 /.  fliould 
be  raifed  for  the  Supprefling  this  Rebellion,  for  the 
Security  of  this  Kingdom,  and  for  the  Payment  of 
Debts. 

The  fame  Day  the  Commons  received  a  Mef-The  impeached 
fage  from  the  Lords,  importing,  That  this  being 
the  Day  for  the  thirteen  Bifhops  to  give  in  Anfwers 
to  their  Impeachment,  twelve  of  them  had  given 
in  a  Plea  and  a  Demurrer ;  but  that  Godfrey,  Bi- 
fhop  of  Gkucefier,  had  pleaded  Net  Guilty,  in  Modo 
C'  Forma, 


42       T/x  Parliamentary '  HIST %ORV 

November  1 3.  A  Report  was  made  to  the  Houfe 
"'  i76'4i.a  '  '  of  Commons,  '  That  the  Committee,  appointed  to 
v— v-~J     go  to  the  City,  found  a  great  deal  of  Readinefs  in 
November,     them  to  lend  Money,  on  the  Security  offered :  But, 
before  they  did  lend  any,  they  humbly  propofed, 
The  Londoners    ^n^  ^at  the  Money  fhould  be  paid  as  foon  as  the 
Mo^e^o^wr-   Adi  was  pafled.     idly,  That,  by  reafon  of  the  Pri- 
uin  Conditions,  vileges  of  the  Members  of  both  Houfes,  and  the 
Protections  granted,  efpecially  by  the  Lords,  a  vaft 
Sum  of  Money  is  detained  from  them;   fo  that 
Trade  cannot  be  driven,  nor  are  they  fo  able  to  lend 
Money  for  the  Service  of  the  Commonwealth,  as 
they  delired.    $dly9  They  faid  they  were  fenfible  of 
the  Miferies  of  the  Proteftants  in  Ireland^  and  of  the 
Power  of  the  Papifts  there  j  and  therefore  did  prefs, 
with  much  Earneftnefs,  that  the  Perfons  of  the 
Papift  Lords,  and  other  Perfons  of  Quality  here  in 
England,  might  be  fecured  ;  left  fome  Defign  be 
in  them  here,  as  they  have  Caufe  to  fear.     Nexty 
That  there  were  divers  Laws  and  good  Motions 
fent  up  to  the  Lords,  for  the  Good  of  the  Church 
and  Commonwealth ;  and  that  the  great  Impedi- 
ment that  they  pafled  not  there,  was  from  the  Bi- 
fhops;  and  they  did  conceive,  That  fo  long  as  their 
Votes  were  in  Parliament  it  would  be  a  Hindrance 
to  all  good  Laws ;  and  therefore  defired  further 
Endeavours  to  take  away  their  Votes.' 

Mr.  Serjeant  Wylde  reported  from  the  Committee 
appointed  to  examine  into  the  Plea  and  Demurrer 
of  the  twelve  Bimops,  *  That  after  a  long  Debate 
and  various  Opinions,  they  had  at  laft  concluded 
that  they  were  dilatory  and  infufficient ;  and  that 
the  twelve  Bimops  had  made  no  Anfwer:  Therefore 
to  defire  the  Lords  that  the  Bimops  be  order'd  to  put 
in  a  peremptory  Anfwer,  fuch  as  they  will  ftand  to.' 

inror.-nations  of       November  15.  The  Parliament  was  this  Day  put 

Fiou.  in  great  Confternation,  by  the  Information  of  one 

Real,  a  Taylor,  of  a  dangerous  Plot  of  the  Papifts, 

againft  the  Lives  of  feveral  Members  of  both  Houfes. 

The  IX-pofition  of  this  Mail  is  at  Length  in  the 

Lords 


Of    E  N  G  L  A  N  D.      43 

Lords  Journals;  and  was  fo  far  believed,  that  all  An.  17.  Car.  I. 
neceflfary  Precaution  was  taken  to  make  a  farther        l641' 
Difcovery  and  prevent  the  Danger :  But  no  Per-    ^^^ 
fons  being  found,  that  were  named  to  be  concerned 
in  it,  we  hear  no  more  of  this  Matter. 

November  1 6.  Other  Informations  were  fent  up 
to  the  Parliament  from  Chejhire  and  Lanca/hire,  of 
the  Defigns  of  the  Papifts  in  thofe  Counties.     Up- 
on all  which  an  Ordinance  of  Parliament,  for  put- 
ting the  Train'd  Bands  of  the  Kingdom  in  a  Po- 
fture  of  Defence,  was  read  and  agreed  to  by  both 
Houfes.     An  Ordinance  was  alfo  made  to  autho- 
rize the  Earl  of  EJ/ex  to  be  Lord-Lieutenant  on  the 
South-Side  Trent,  and  the  Earl  of  Holland  on  the  The  Common* 
North;  and  the  Houfe  of  Commons,  particularly,  aPPoint  a  Guard 
ordered  a  Guard  of  Halberts  to  be  let  in  conve-     ™™ ' 
nient  Places,  for  the  Security  of  their  Houfe. 

November  17.  Several  Witnefles  were  examined 
before  the  Houfe  of  Commons,  after  which  it  was 
refolved,  '  That  there  is  fufficient  Evidence  for  this 
Houfe  to  believe,  that  there  was  a  fecond  Defign 
to  bring  up  the  Army  againft  the  Parliament,  and 
an  Intention  to  make  the  Scots  Army  ftand  neuter.' 

The  Commons  had  been  long  employed  in  fra- 
ming a  Declaration,  or  Remonftrance,  of  the  State 
of  the  Kingdom;  and  many  Additions,  Alterations, 
and  Amendments  are  entered  in  their  'Journals 
about  it.  The  moft  material  Bufmefs,  from  the  i8th 
to  the  2ift  of  this  Month,  was  upon  that  Topic; 
when,  being  agreed  to  fo  far  as  to  have  it  ingrofled, 
the  fame  was  read  in  the  Houfe ;  and  the  further 
Debate  of  it  ordered  to  be  on  the  22d  Inftant. 

During  all  this  Time  there  was  nothing,  to  our 
Purpofe,  done  in  the  Houfe  of  Lords,  but  a  Re- 
port of  a  Meflage  fent  to  the  Queen  about  the 
Commons  refufmg  to  releafe  Father  Philips,  be- 
caufe  they  had  fome  Matters  againft  him :  And 
that  her  Majefty  defired,  if  any  fuch  Bufmefs  was 
againft  him,  it  might  be  brought  to  a  Hearing  fpee- 

dily; 


44       7#*  Parliamentary  HISTORY 

An.  17.  Car.  T.  dity  J  becaufe  fhe  fufFers  much  for  want  of  her  Cou- 
1641.    '   'feflbr;  and  was  unwilling  to  ufe  any  one  elfe  but 
*.  —  V-—  '    him.     Yet  this  being  fignified  again  to  the  Corn- 
November.     jjions,  they  ftill  refufed  to  releafe  him. 


November  22.  The  Lords  took  into  Confidera- 

Proceedings  as  to  tion  a  Lift  of  Recufants  Names,  in  feveral  Coun- 

itfl^RecuStT,tiesof  England*  which  the  Commons  had  fent  up  j 

fife.  '  'and  a  Debate  arifing,  Whether  the  Kingdom  was 

in  fuch  Danger,  at  this  Time,  as  to  require  the  fe- 

curing  the  Pcrfons  of  Popifla  Recufants  ?   it  was 

agreed  that  it  was,  and  that  this  Should  be  done  in  a 

kgiilative  Way.     On  which  a  Bill  was  ordered  to 

be  drawn  up  for  that  Purpofe. 

This  Day  alfo  the  Houfe  of  Commons,  accord- 
Great  Debates  in  ing  to  Order,  fell  brifldy  on  their  Declaration.  A 
the  commons,  j  Debate  enfued  on  the  keeping  in,  or  leaving 

concerning  a  Re-         »  i  ^T       r        T-  n-  j  TXT-       i     •      • 

monftrancc  of  out,  feveral  Claufes,  Expreffions,  and  Words  in  it  j 
the  State  of  the  in  which  there  were  no  lefs  than  four  Divifions  of 
Kingdom.  the  Houfe.  In  the  two  laft  of  them,  the  Queftion 
being  put,  Whether  this  Declaration,  fo  amended, 
{hall  pafs  ?  it  was  carried  for  paffing,  by  159  againft 
1  48.  And,  in  another  Queftion,  Whether  theWord 
pubIiJheJm{hou\d  ftand  ih  the  Order  for  the  not 
printing  the  Declaration,  the  Noes  were.  124* 
Yeas  101.  But  it  was  refolved  upon  the  Queftion, 
That  this  Declaration  fhall  not  be  printed  with- 
out the  particular  Order  of  this  Houfe  n. 

We  find  a  Speech  of  Sir  Edward  Bering's  upon 
this  Occafion;  who,  tho'  he  had  fignalized  himfelf 
againft  the  Court,  in  the  Beginning  of  this  Seilion, 
yet  was  equally  zealous  againft  this  Declaration. 

This  Speech,  being  very  long,  and  printed  in 
Rujhwortb,  N(i!f:n^  and  Sir  Edward's,  own  Collec- 

tions 

«n  Meaning,  probably,  in  Manuscript  Copies  or  Difieurff.  Bat 
the  .Entry  here  feems  to  be  very  lamely  cxprefs'd  by  the  Clerk. 

n  According  to  Lord  Ctjrfxdcn's  Account,  it  feems  as  if  the  Or« 
Act  was  this  Day  made  for  printing  this  Declaration  :  But  it  was  not 
done  till  the  I  ijth  of  December.  -  We  have  before  obferved  that 
the  \oblc  Hiftorian  is  very  inaccurate  as  to  Dates  of  Proceedings, 
-nd  the  Divifions  cf  the  Houfe,  as  appears  upon  Comparifon  with 
rh«  Journals.  It  is  moft  probable  that,  in  Parliamentary  Matters, 
hi»  Vord/hip  wrote  from  Memory  only. 


Of    E  N  G  L  A  N  D.        45 

tions  °,  we  curforily  pafs  over,  to  avoid  Prolixity  :An-  17-  Car.  i; 
But  the  following  Pallages  are  too  remarkable  to  be   L  _^4^ 
omitted  : 


T 


November, 

Mr.  Speaker  i 

His  Rcmonftrance,  whensoever  it  pafleth,sir  Edward De- 
_      will  make  fuch  an  Impreffion,  and  leaver/"^'s  Speech  on 
fucha  Character  behind,  both  of  his  Majefty,  thethat  °    lflon< 
People,  the  Parliament,  and  of  this  prefent  Church 
and  State,  as  no  Time  fhall  ever  eat  out,  whilft 
Hiftories  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  fevere  Point 
of  Confcience  to  be  tried  ;  let  us  be  fure  that  every 
particular  Subftance  be  a  Truth  ;  and  let  us  cloath 
that  Truth  with  a  free  Language,  yet  a  modeft 
and  a  fober  Language. 

'  Mr.  Speaker,  this  Remonftrance  is,  in  fome 
Kind,  greater  and  more  extenfive  than  an  Act  of 
Parliament:  That  reacheth  only  to  England  and 
IPales ;  but,  in  this,  the  three  Kingdoms  will  be 
your  immediate  Supervifors ;  and  the  greateftPart 
of  Chriftendom  will  quickly  borrow  the  Glafs  to 
fee  our  Deformities  therein  :  They  will  fcan  this 
Work  at  Leifure,  which,  I  hope,  we  fhall  not  (hut 
up  in  Hafte. 

c  Some  Pieces  here  are  of  excellent  Ufe  and 
Worth  :  But  what  is  that  to  me,  if  I  may  not  have 
them  without  other  Parts  that  are  both  doubtful 
and  dangerous  ? 

'  The  Matter,  Form,  and  final  End  of  this  Rc- 
monftrance, all  of  them  do  argue  with  me,  not  to 
rcmonftrate  thus. 

'  When  I  firft  heard  of  a  Remonftrance,  I  pre- 
fently  imagined  that,  like  faithful  Counfellors,  we 
fhould  hold  up  a  Glafs  to  his  Majefty :  I  did  not 
dream  we  fhould  remonftrate  downwards,  tell  Sto- 
ries to  the  People,  and  talk  of  the  King  as  of.  a 
third  Perfon.  The  Ufe  and  End  of  fuch  a  Re- 
monftrance, I  underftand  not ;  at  leaft  I  hope  I 
do  not. 

H> 
o  Printed  for  F,EgUsJit!d™t  J.  Stafnd,  1641. 


46         The  Parliamentary  HISTORY 

An.  17.  Car.  I.      He  then  proceeds  to  the  Religious  Grievances  re- 

1641.  c'tted  'm  the  Declaration^  vindicates  feveral  of 

*— ' ~v~- J  the  Bijhops  and  Clergy  by  Name,  and  concludes 

1  I  do  befeech  you  all  with  the  Fervor  of  an 
earneft  Heart,  a  Heart  almoft  divided  between 
Hopes  and  Fears,  never  to  fuffer  Diverfion  or  Di- 
minution of  the  Rents  we  have  for  Learning  and 
Religion ;  but,  befides  the  Pulpit,  let  us  maintain  an 
univerfal  Militia  of  Theology,  whereby  we  may 
be  always  ready  and  able  (by  Strength  of  our  own, 
within  our  own  happy  Ifland  at  home)  to  flop  the 
Mouth  of  all  Errors  and  Herefies  that  can  arife. 

'  Never,  never,  let  it  be  faid  that  facred  Learn- 
ing (for  fuch  is  that  I  plead  for)  {hall  in  one  eflen- 
tial  Half  thereof,  be  quite  unprovided  for  in  Eng- 
land. Sir?  I  have  reafon  to  be  earneft  in  this :  I 
fee,  I  know,  great  Defigns  drawing  another  Way ; 
and  my  Fears  are  increafed,  not  cured  by  this  De- 
claration. 

4  Thus  I  have  done :  And  becaufe  I  fhall  want 
Champions  for  true  Religion  :  Becaufe  I  neither 
look  for  Cure  of  our  Complaints  from  the  common 
People,  nor  do  defire  to  be  cured  by  them  :  Be- 
caufe this  Houfe  (as,  under  Favour  I  conceive) 
hath  not  recommended  all  the  Heads  of  this  Re- 
monftrance to  the  Committee  which  brought  it  in  : 
Becaufe  it  is  not  true  that  the  Bifhops  have  com- 
manded Idolatry  :  Becaufe  I  do  not  know  any  ne- 
cefTary  good  End  and  Ufe  of  this  Declaration,  but 
do  fear  a  bad  one;  and  becaufe  we  pafs  his  Maje- 
jefty  and  do  remonftrate  to  the  People  :  I  do  here 
difcharge  my  Vote  with  a  clear  Confcience,  and 
muft  fay  No  to  this  ftrange  Remonftrance.' 

Lord  Clarendon's      Lord  Clarendon^  who  remarkably  diftinguifhed 
th^himfelf  in  this  Affair,  under  the  Name,  then,  of 
'Mr.  Hyde,  has  given  us  the  following  Abftracl  of 
the  Debate  upon  it : 

'  It  contained  a  very  bitter  Reprefentation  of  all 
the  illegal  Things  which  had  been  done  from  the 
firft  Hour  of  the  King's  coming  to  the  Crown,  to 

that 


Of    E  N  G  L  A  N  D.        47 

that  Minute ;  with  ail  the  {harp  Reflections  which  An.  17.  Car, 
could  be  made  upon  the  King  himfelf,  the  Queen, 
and  Council ;  and  publifh'd  all  the  unreafonable 
Jealoufies  of  the  prefent  Government,  of  the  in- 
troducing Popery ;  and  all  other  Particulars  that 
might  difturb  the  Minds  of  the  People,  which  were 
enough  difcompofed. 

'  The  Houfe  feem'd  generally  to  diflike  it,  ma- 
ny faying,  '  That  it  was  very  unneceflary  and  un- 
feafonable ;  unneceflary,  all  thofe  Grievances  be- 
ing already  fully  redrefs'd,  and  the  Liberty  and 
Property  of  the  Subject  being  as  well  fecured 
for  the  future  as  could  poflibly  be  done ;  and  uti- 
feafonable,  after  the  King  had  gratified  them  with 
granting  every  Thing  which  they  had  defired  of 
him  ;  and,  after  fo  long  Abfence  in  the  fettling 
the  Diforders  in  another  Kingdom,   which  he 
had  happily  compofed,    to  be  now  welcomed 
home  with  fuch  a  Volume  of  Reproaches  for 
what  others  had  done  arnifs,  and  which  he  him- 
felf had  reform'd.'     Notwithftanding  all  which, 
all  the  other  Party  appear'd  paffionattly  concern'd 
that  it  might  not  be  rejected,  and  enlarged  them- 
felves  with  as  high  Expreflions  againft  the  Govern- 
ment as  at  firft;  with  many  Infinuations,   '  That 
'  we  were  in  Danger  of  being  deprived  of  all  the 

*  good  Acts  which  we  had  gain'd,  if  great  Care  and 
4  Vigilance  were  not  ufed  to  difappoint  fome  Coun- 

*  fels  which  were  ftill  entertain'd  ;'  making  fome 
doubtful  Glances  and  Reflections  upon  the  Rebel- 
lion in  Ireland,  with  which  they  perceived  many 
good  Men  \vere  eafily  amufed  ;  and,  in  the  End, 
prevailed,  *  That  a  Day  fhould  be  appointed,  when 
'  the  Houfe  fhould  be  refolv'd  into  a  Committee  of 

*  the  whole  Houfe,  and  the  Remonftrance  to  be 

*  then  retaken  into  C'onfideration  :'  And,  in  the 
mean  time,  they  employ'd  all  their  Credit  and  Inte- 
reft  with  particular  Men,  to  perfuade  them,  '  That 
'  the  paffing  that  Remonftrance  was  moft  neceflary 

*  for  the  Prefervation  and  Maintenance  of  all  thofe 

*  good  Laws,  which  they  had  already  made ;'  giving 
feveral  Reafons  to  feveralPerfons,  according  to  their 

Na- 


48       ¥ke  Parliamentary  HISTORY 

A«.  IT>  Car.  !.  Natures  and  Inclinations  ;   afluring  many,   '  That 

1641.         <  they  intended  it  only  for  the  Mortification  of  the 

*— • -v— •J     '  Court,   and   Manifeftation  that  that  malignant 

November*    f  p^^  which  appear'd  to  be  growing  up  in  the 

'  Houfe,  could   not  prevail ;  and  then,    That  it 

*  mould  remain  ftill  in  the  Clerk's  Hands,  and  ne- 
'  ver  be  publifhed. 

'  And,  by  thefe  and  the  like  Arts,  they  pronai- 
fed  themfelves,  that  they  {hould  eafily  carry  it :  So 
that  the  Day  it  was  to  be  refumed,  they  entertain'd 
the  Houfe  all  the  Morning  with  other  Debates,  and, 
towards  Noon,  call'd  for  the  Remonftrance  ;  and 
it  being  urged  by  fome,  '  That  it  was  too  late  to 

*  enter  upon  it,'  with  much  Difficulty  they  con- 
fented,  '  That  it  mould  be  entered  upon  the  next 
'  Morning,  at  Nine  of  the  Clock,  and  every  Claufe 
'  mould  be  debated,  the  Speaker  in  the  Chair ;'  for 
they  would  not  have  the  Houfe  refolved  into  a 
Committee,  which  they  believ'd  would  fpend  too 
much  Time.     Oliver  Cromwell^  who  at  that  Time 
was  little  taken  Notice  of,  afk'd  the  Lord  Falk- 
land, *  Why   he  would  have  it  put  off,  for  that 
'  Day  would  quickly  have  determin'd  it  ?  He  an~ 
fwered,  *  There  would  not  have  been  Time  enough; 

*  for  fure  it  would  take  fome  Debate.     The  other 
replied,  *A  very  forry  one :'  They  fuppofing,  by  the 
Computation  they  had  made,  that  very  few  would 
oppofe  it.     But  he  quickly  found  he  was  miftaken ; 
for,  the  next  Morning,  the  Debate  being  enter'd  up- 
on about  Nine  of  the  Clock,  it  continued  all  that 
Day ;  and  Candles  being  call'd  for  when  it  grew  dark 
(neither  Side  being  very  defirous  to  adjourn  till  the 
next  Day,  though  it  was  evident  very  many  with- 
drew themfelves  out  of  pure  Faintnefs  and  Dif- 
ability  to  attend  the  Conclufion)  the  Debate  conti- 
nued till  it  was  after  Twelve  of  the  Clock,  with 
much  Paflion  ;  and  the  Houfe  being  then  divided 
upon  the  pafling  or  not  pafling  it,  it  was  carried  in 
the  Affirmative  by  Nine  Voices,  and  no  more  P  ; 
And,  as  foon  as  it  was  declared,  Mr.  Hampden 
moved,  *  That  there  might  be  an  Order  entered 

*  for 

f  By  the  Journal*,  the  Majority  was  Eleven. 


Of    E  N  G  L  A  N  £>.        49 

'for  the  prefent  printing  it,'  which  produced  aAn.  i>  Car.  it 
(harper  Debate  than  the  former.     It  appeat'd  then,        l64i- 
that  they  did  not  intend  to  fend  it  up  to  the  Houfe    u""""v"r""' 
of  Peers  for,  tfccir  Concurrence ;  but  that  it  was,    ^VVU1 
upon  the  Matter,  an  Appeal  to  the  People,  and  to  •, 

infufe  Jealoufies  into  their  Minds.  It  had  feldom 
been  the  Cuftom  to  publifh  any  Debates  or  Deter- 
minations of  the  Houfe,  which  were  not  firft  re- 
gularly tranfmitted  to  the  Houfe  of  Peers  ;  nor  was 
it  thought,  in  Truth,  that  the  Houfe  had  Authority 
to  give  Warrant  for  the  printing  of  any  thing  ;  all 
•which  was  offer'd  by  Mr.  Hyde,  with  foine  Warmth, 
as  foon  as  the  Motion  was  made  for  printing  it ;  and 
he  faid,  '  He  believ'd  the  printing  it,  in  that  Man-, 
ner,  was  not  lawful,  and  he  feared  it  would  pro- 
duce mi fchievous  Effects  ;  and  therefore  defirecj 
the  Leave  of  the  Houfe,  that  if  the  QuefHon 
mould  be  put,  and  be  carried  in  the  Affirmative^ 
he  might  have  Liberty  to  enter  his  Protefta- 
tionj'  which  he  no  fooner  faid,  than  'Jeffrey  Pal- 
tner,  a  Man  of  great  Reputation,  and  much  eiteem- 
<ed  in  the  Houfe,  flood  up  and  made  the  fame  Mo- 
tion for  himfejf,  *  That  he  might  likewife  proteft.' 
Many  afterwards,  without  Diftin£tion,  and  in  fame 
Diforder,  cried  out,  together,  *  They  did  proteft;* 
fo  that  there  was,  after,  fcarce  any  quiet  and  regular 
^Debate  :  But  the  Houfe,  by  Degrees,  being  quiet- 
,ed,  they  all  contented,  about  Two  of  the  Clock  in 
the  Morning,  to  adjourn  till  Two  of  the  Clock  the 
;iext  Afternoon.  And  as  they  went  out  of  the 
Houfe,  the  Lord  Falkland  afk'd  Oliver  Cronnudl^ 
'  Whether  there  had  been  a  Debate  ? '  to  which  he 
anfwer'd ,  « He  would  take  his  Word  another  Time/ 
.and  whifper'd  him  in  the  Ear>  with  fome  Afievc- 
fation,  '  That,  if  the  Remonftrance  had  been  re- 
'  jeded,  he  would  have  fold  all  he  had  the  next 

*  Morning,  and  never  have  feen  England  more  ; 
'  and  he  knew  there  were  many  other  honeft  Men 

*  of  .the  fame.Refolution.' 

Rujbwortb  fays,  '  That  this  Debate  lafted  from 

Three  in  the  Afternoon  till  Three  the  next  Morn- 

YOL.  X.  D  inj 


50      'Tbe  Parliamentary  HISTORY 

An.  17.  Car.  I. in?;  fo  that  Sir  Benjamin  Rudyard  faid,  '  It  looked 
l64'-       like  the  Verditt  of  a  flamed  Jury.' 

November  23.     The  Bill  for  ordering  fome  Per- 
fons  imofafe  Cuftody,  who  are  Popifhly  inclined, 
was  read  three  Tijnes,  this  Day,  in  the  Houfe  of 
Lords,    and  fent  down  to  the  Commons.     The 
faid  Houfe  alfo  fent  up  four  Bills  to  the  Lords ; 
amongft  which  there  was  only  this  remarkable  one, 
An  Aft  for  laying  down  the  Privileges  of  Parliament 
during  the  prefent  Sejjlon  ;  which  the  faid   Houfe 
down°thcyprm-recornmen^e^   ^or  Expedition.     A  Complement, 
kges  of  Parlia- no  doubt  to  the  City  of  London  ;  who  had  com- 
ment, plained,  by  Petition,  againrt  thofe  Privileges. • 

The  Commons,  alfo,  voted  eight  per  Cent,  to  be 
paid  for  the  Money  they  had  borrowed  of  them ; 
and  an  A6t  of  Parliament  to  be  fpeedity  patted  for 
the  Security  of  that  and  the  Principal. 

November  24.  Nothing  material  done,  in  either 
Houfe,  as  this  Day ;  the  Houfe  of  Lords  adjourned 
from  hence  to  the  26th  ;  and  the  Commons  only 
,  for  pro-  teemed  to  meet  in  order  to  fend  Mr.  Palmer •,  Mem- 
againft  ber  for  Stamford,  to  the  Tower,  for  fome  Words, 
™'  (not  particularized  in  the  Journals]  reflecting  on  the 
Declaration,  or  Remonftrance,  in  the  Debate  on  the 
22d  paft.  This  was  the  Affair  of  the  Proteftation 
before  mentioned  ;  which  thofe  on  the  other  Side 
complained  of,  as  direclly  contrary  to  the  Order, 
Cuftom,  and  Privilege  of  the  Houfe  of  Commons; 
upon  which  Mr.  Palmer  was  fent  to  the  Tower  r; 
but,  on  his  Petition,  fome  Days  after,  was  relea- 
fed,  and  took  his  Place  in  the  Houfe  as  former- 
Jy.  Lord  Clarendon  further  informs  us,  *  That 
thp'  he  himfelf  was  the  Perfon  who  firft  offered 
this  Proteftation  ;  yet  the  Northern  Members,  as 
Sir  John  Hotham,  Cbolmley,  and  Stapylton  refol- 

ved 

«•    On  a  Divifion  of  169  againft   128:    But  a  Motion  for  his 
being  expdlcd  the  Iloufc  p-.iill-d  in  the  Negative,  163  againft  131. 

Commons  Journal*. 

I  his  OentU-man  was  Author  of  the  Reports,  and  appointed  At- 
ficral  af:cr  th:  Re.loration. 


Of    ENGLAND.        51 

ved  to  protect  him  from  the  Refentment  of  the  An.  17.  Car.  r. 
Houfe,  on  account  of  the  great  Share  he  had  in 
contributing  to  the  Suppreffion  of  the  Court  of 
Lord  Prefsdent  of  the  North  ;  s  and  fo  it  was 
agreed  that  Mr.  Palmer  fhould  be  the  Perfon  they 
would  facriiice.'  c 

November  25.  The  King  made  his  public  Entry  The  King  re- 
into  London,   on   his  Return  from  Scotland;  thej^J* flom  Sctt" 
Pomp  and  Ceremony  of  which  is  amply  fet  forth  UK  ' 

by  all  the  Hiilorians  of  thofe Times. Sufficient 

it  is  for  us  to  fay,  His  Reception  is  defcribed  as 
luch,  that  all  manner  of  Perfons,  in  the  City,  feem- 
ed  to  ftrive  who  fhould  do  him  the  moft  Honour. 

November  26.  This  Day  the  Commons  read,  a 
firft  and  lecond  Time,  a  Bill  For  granting  a  Sub- 
fidy  to  his  Majefty,  of  Tonnage  and  Poundage^  and 
other  Sums  of  Money ,  payable  upon  Merchandize^ 
imported  or  exported;  and  committed  it  for  the 
next  Day. 

The  Lord  Keeper  acquainted  the  Lords,  That 
the  King  intended  to  have  come  to  that  Houfe,  as  A  Meflage  from 
that  Day,  but  was  diverted  by  fome  important  Bu-  hisMajefty,That 

r      f  j  -iii  i          f    •         /~<    u     he  had  otdered 

iinefs ;  and  was,   withall,   very  hoarfe  in  a  Cold  ;  the  Par]iament.8 
but  that  he  would  come  in  a  fliort  Time.  Guard  to  be  dif- 

His  Lordfhip,  alfo,  acquainted  the  Houfe,  That™11"1* 
he  had  received  a  Command  from  the  King  to  tell 
them,  '  That  his  Majefty  had  heard  both  Houfes 
liad  appointed  Guards  to  attend  them  for  their  Se- 
curity, in  his  Abfence,  which  he  prefumes  they 
had  Reafons  for ;  but  now,  upon  his  Return,  he 
hopes  his  Prefence  will  be  a  Protection  to  them  : 
And  therefore  had  ordered  the  faid  Guards  to  be 
difmilTed ;  but,  if  there  Ihould  be  any  Occafion  for 
it,  he  would  take  Care  there  be  fufficient  Guards 
to  fecure  them.' 

This  MeiTage  being  communicated  to  the  Com- 
mons, the  Aniwer  returned,  was,  '  That  Houfe 
D  2  defired 

»  His  Speech  on  this  Occafion,  at  a  Conference  with  the  Lords, 
Jipnl  26,   1641,  is  in  our  Ninth  Volume. 

•  t  it  appears  by  the  Jwrr.ak  that  Mr.  Kjdt  was  one  «£  th« 
Tellars  in  Favour  of  Mr.  P aic.tr. 


52       The  ParliaJnfntary  HISTORY 

An.  •«••  Car.  l.dcfired  the  Lords  to  fend  fome  few  of  their  Body* 
1641-        to  petition  the  King  that  the  Guards  might  flay  » 
*—  ~v—  -  '     and,  in  a  Day  or  two,  they  would  bring  up  Rea- 
Novembcr.  Majefty  aboUt  it.» 


The  next  Day  the  King's  Anfwer  to  this  Pe- 
tition was  delivered  to  the  Lords,  importing, 
*  That  he  did  command  the  Guards  to  be  difmifled, 
becaufe  he  knew  no  Caufe  the  Parliament  had  for 
Dear's  ;  but  he  well  perceived  the  Moderation  that 
the  keeping  of  them  would  bring  upon  thofe  Sub- 
jects of  his,  which  were  to  perform  that  Service  ; 
bcfides  the  general  Apprehenfion  and  Jealoufies, 
which  thereby  might  difquict  all  his  People.  He 
further  exprefled,  that  when  the  Parliament  mould 
<le(ire  of  him  any  extraordinary  Thing  like  this, 
and  what  appeared  of  ill  Confequence,  that  they 
would  give  him  fuch  particular  Reafons,  as  might 
fatisfy  his  Judgment,  if  they  did  expe£l  their  De- 
•fires  to  be  granted  :  Yet  he  was  fo  tender  of  the 
"Parliament's  Safety,  that,  to  fecure  them,  not  only 
from  real,  but  even  imaginary  Dangers,  he  had 
commanded  the  Earl  of  Dorfet  to  appoint  fome  of 
the  Train'  d  Bands  to  wait  upon  the  Parliament 
for  a  few  Days  ;  in  which  Time,  if  he  fhould  be 
fatisfied  that  there  was  juft  Reafon,  he  would 
continue  them  ;  and  likew'ife  take  fuch  a  Courfe 
for  the  Safety  of  his  own  Perfon  as  fnould  be  fit, 
of  which,  he  doubted  not,  but  they  had  as  tender 
a  Care  as  of  their  own.  This  Anfwer  was  order- 
ed to  be  communicated  to  the  Commons  at  a  Con- 
ference. Nothing  done,  of  much'Confequence,  in 
either  Houfe  till 

Nov.  30,  when  Mr.  Pymme,  from  a  Committee, 
.preferred  the  Reafons  of  both  Houfes  of  Parlia- 
ment for  the  Continuance  of  a  Guard,  which  were 
The  Reafons  cfagreed  to,  as  follows  :  P 

both  Houfes  for 

the  Continuance  '  The  great  Number  of  diforderly,  fufpicious, 
and  defpcrate  Perfons,  efpccially  of  the  Irijh  Na- 
tion, lurking  in  obfcure  Allies  and  Viclualling- 

*  Houfes, 

P  From  the  C:Kir.un  Jsvrneh  :  The  Copy  of  them  in  RtJhwortk 
differs  much. 


Of    E  N  G  L  A  N  D.         53 

Hbufes,  in   the  Suburbs,  and  other  Places  near  An.  17.  Gar.  \, 
London  and  IVejlminjler.  l64I- 

*  The  Jealoufy  conceived  upon  Difcovery  of  the    <k"""""v*7"J 
Defign  in  Scotland,  for  the  furprifing  oi  the  Peifon? 

of  divers  Nobility  and  Members  of  the  Parliar 
ment  there  ;  which  had  been  fpojcen  of  here  fome 
Days  before  if  broke  out,  not  without  fome  whifU 
pering  Intimation,  that  the  like  was  intended  againft 
fivers  Perfons  of  both  Houfes ;  which  found  the 
jnore  Credit,  by  reafon  of  the  fprniqr  Attempts  of 
bringing  up  the  Army,  to  difturb  and  inforcc  thi$ 
Parliament. 

'  The  Confpiracy  in  Ireland,  managed  with  fo 
^nuch  Secrecy,  that,  but  for  the  happy  Difcovery  a£ 
Dublin^  it  hud  been  executed  in  all  Parts  of  the 
Kingdom,  upon  one  and  the  fame  Day,  or  foon 
after  ;  and  that  fome  of  the  chief  Confpirators  did 
profefs,  that  the  like  Courfe  was  intended  in  Eng- 
fand  and  Scotland ;  which  being  found,  in  fome 
pegree,  true  in  Scotland^  feem'd  the  more  probable 
£o  be  likewife  defign'd  for  England.  .- 

4  Divers  Advertifements  beyond  the  Sea,  which 
came  over  about  the  fame  Time,  *  That  there 
>  mould  be  a  great  Alteration  of  Religion  in  Eng- 
'  landm  a  few  Days  ;  and  that  the  Necks  of  both 
*  the  Parliaments  Ihould  be  broken.' 

'  Divers  Examinations,  of  dangerous  Speeches 
of  fome  of  the  Popifh  and  discontented  Party  in 
this  Kingdom. 

*  The  fecret  Meetings  and  Confutations  of  the 
Papifts,  in  feveral  Parts  -.-—Their  frequent  Devoti- 
^ons  for  the  Profperity  of  fome  great  Defign  in  hand. 

'  That  thefe  feveral  Confederations  moved  the 
Parliament  to  defire  a  Guard  ;  which,  for  the  moft 
Part,  might  be  under  the  Command  of  the  Earl  of 
Ejfix  :  And  they  conceived  there  was  juft  Caufe 
to  apprehend  that  there  is  fome  wicked  and  mif- 
chievous  Practice,  to  interrupt  the  peaceable  Pro- 
ceedings of  the  Parliament,  ftill  in  hand  :  For  pre- 
venting whereof,  it  was  fit  the  Guard  {hould  be 
continued  under  the  fame  Command,  or  fuch  other 
as  they  Ihould  choofc :  But,  to  have  it  under  Com- 
D  3  maud. 


54 


Parliamentary  HISTORY 


AB.  17.  Car.  l-mand  of  any  other,  not  chofen  by  themfelves,  they 

l641'        could  by  no  means  confent  to  ;  and  would  ra- 

**l^~^    ther  run  any  Hazard,  than  admit  of  a  Precedent 

-fo   dangerous,    both   to   this   and   future  Parlia- 

ments. 

4  And  they  humbly  leave  it  to  his  Majefty,  to 
confider,  whether  it  be  not  fit  to  fuffer  his  High 
Court  of  Parliament  to  enjoy  that  Privilege  of 
providing  for  their  own  Safety,  which  was  never 
denied  toother  inferior  Courts:  And  that  he  would 
be  pleafed  gracioufly  to  believe,  that  they  cannot 
think  themfelves  fate  under  any  Guard,  of  which 
they  fhall  not  be  allured,  that  it  will  be  as  faithful 
in  defending  his  Majefty's  Safety,  as  their  own  ; 
whereof  they  fhall  always  be  more  careful,  than 
of  their  own. 

Mr.  Solicitor,  St.  John,  was  fent  up  to  the  Lords 

\vith  the  Bill  for  granting  a  Subfuly  to  his  Majeity 

of  Tonnage  and  Poundage,  &c.  and  faid,  That  the 

A  Bill  for  the    Houfe  of  Commons  defired  their  Lordfhips  would 

Inc?  of  Triage  Pafs   the  Bill»    fent  back  from  them  W'lth  fome  A~ 

and  Poundage,  mendments,  for  fecuring  the  Perfons  of  Recufants, 
with  all  convenient  Speed.  The  Lords  read  the 
former  Bill  three  Times  this  Day,  and  parted  it  ; 
they  alfo  concurr'd  in  the  Amendments  to  the 
other,  which  was  return'd  to  the  Commons  ;  and 
then  agreed  to  a  Meflage  to  be  fent  to  the  King  at 
Hampton-  Court)  to  acquaint  his  Majefty,  that  the 
Jaft  Bill  for  Tonnage  and  Poundage  expiring 
To-morrow,  a  new  one  had  palled  both  Houfes  ; 
and  to  know  when  he  would  come  and  give  his 
Royal  Aftent  to  that  Bill. 

December  i.  The  Committee  of  the  Commons, 
A  Committee  aPP°"intcd  to  prefent  their  Petition  and  Declaration? 
appointed  to  wait  to  the  King,  were, 

upon  the  King, 

with  the  Com-  Sir  Symonds  Dewes,         Lord  Grey, 
To*  **.  Sir  ?"*""  '"S™"*         Sir  Chrijtopb 

...f  the     Sir  James  Thynne,  Ferdina  ndo,  Lord  Fairfa 


ration 
"t>lC      Mr*  Henry 


Kingd 


S^  Ralph  Hopto 


Of    E  N  G  L  A  N  D.        55 

Sir  Richard  Wynne >  Sir  Edward  Dering,     An.  17.  Car.  I. 

$\t  Jfbn  C.orbft%  Sit  Arthur  Hejlerlggc*          l64'- 

Amongft  thefe  Sir  Edward  Dering,  who  had  fo  ^^"^ 
warmly  oppofed  the  patting  this  Rcmonftrance,  was 
appointed,  by  theHoufe,  to  read  and  prefent  it  to  his 
Msjefty;  who  being  out  of  the  Way  z,  Sir  Ralph 
JHopton  was  ordered  to  do  it ;  who,  the  next  Day, 
made  his  Report  to  the  Houfe  in  what  Manner 
they  were  received.  * 

4  He  faid,  That  the  laft  Night,  in  the  Evening, 
the  Committee  appointed  to  attend  his  Majefty  in  Account  of  their 
that  Particular,  came  to  Hampton- Court ;  and  SirRec.ePtion  by  his 
Richard  Wynne  (I  may  name  him  upon  this  Occa-  Jjel  y' 
fion)  gave  his  Majefty  Notice  of  our  being  there  ; 
and,  within  a  Quarter  of  an  Hour,  the  King  fent 
a  Gentleman  to  call  us  in  ;  with  Directions  that 
none  fhould  come  in  but  the  Committee  alone ; 
who  did  all  of  them  prefent  themfelves  upon  their 
Knees  :  And  myielf,  in  Obedience  to  the  Order 
of  the  Houfe,  in  the  Abfence  of  another  defigned 
for  that  Service,  did  begin  to  read  the  Petition, 
kneeling:  But  his  Majeity  would  not  permit  us  to 
kneel,  but  commanded  us  all  to  rife  ;  and  Ibl  read 
it.  The  firft  Observation  his  Majeity  made  was  at 
that  Part  of  the  Petition,  that  charged  a  malignant 
Party  with  a  Dcfign  to  change  Religion  :  To  which 
his  Majefty  faid,  with  a  great  deal  of  Fervency, 
The  Devil  take  him^  whomfcever  he  bey  that  had  a 
Defign  to  change  Religion.  I  then  proceeded ;  and 
when  I  came  to  that  Part  of  the  Petition,  for  refer- 
ving  the  Difpofal  of  the  Lands  of  the  Rebels  in  Ire- 
land, &c.  his  Majefty  was  pleafed  to  fay,  We  mujl 
not  difpofe  of  the  Bear's  Skin  till  he  be  dead.  After 
the  Petition  was  read,  his  Majefty  defired  to  aftt  us 
fome  Queftions.  We  anfwcred,  We  had  no  Com- 
miflion  to  fpeak  any  Thing  concerning  this  Bufmefs. 
Then^  faid  he,  you  may  Jpeak  as  particular  liien  ; 

and 

z  Mr.  Rujnivnrtb  fjys  on  pnrpofe.  He  has  alfo  put  in  Mr.  Pjmtnt, 
and  fo  made  the  Committee  thirteen;  but  that  Gentleman  is  not 
mentioned  as  one  in  the  Journals. 

3  From  the  Coirttnont  Journals,  In  RuJJrwtrtb* s  Copy  there  are 
.feveraj  Variations  alm. 


56       The  Parliamentary  HISTORY 

17.  Car.  I.  an(j  a(jded,  Doth  the  Houfe  intend  to  pnllijh  this  De- 
claration? We  anfwered,  Wecouldgiveno  Anfwer 
unto  it.  Well  'then,  faid  he,  Jjuppofe  you  do  not 
now  expecl  an  Anfwer  to  fo  long  a  Petition :  And  this 
let  me  tell  you,  I  have  left  Scotland  well,  and  in  Peace ; 
they  are  all  futisfied  with  me,  and  I  with  them  ;  and 
'though  I  flayed  longer  there  than  I  expected,  yet,  I 
think,  if  I  had  riot  gene,  you  had  not  been  ridfofoon 
of  the  Army.  I  Jhall  give  you  an  Anfwer  to  this 
Bufinefs,  with  as  much  Speed  as  the  Ji^eightinefs  of 
the  Bufinefs  will  permit.  And  fo  gave  us  all  his 
Hand  to  kifs :  And  afterwards  fent  Mr.  Comptroller 
to  us  with  this  MeiTage,  to  be  delivered  to  the  Houfe, 

*  7'hat  there  might  be  no  publifhing  of  the  Decla- 

*  ration  till  this  Houfe  had  received  his  Majefty's 

*  Anfwer.' — Wewereallentcrtain'dbyMr.  CoTnp- 
foller  with    great  Refpeit,    and    lodged  by  thd 
King's  Harbinger.' 

Since,  from  this  Petition  and  Remonftrance,  with 
the  King's  Anfwer  to  them  at  their  Delivery,  and 
from  the  Declaration  he  publim'd  afterwards  to  the 
fame  Purpofe,  the  Reader  will  be  better  enabled  to 
nuke  a  judgment  of  the  Caufe  of  the  Civil  War 
thatenfued,  and  the  Arguments  on  both  Sides,  we 
have  printed  them  at  large.  The  Length  of  them 
may  be  more  eafily  pardon'd,  fmce  they  may  be 
juftly  ftyled  the  very  Hinge  upon  which  all  thofe 
Differences  happen'd  to  turn,  that,  afterwards, 
came  to  be  decided  by  the  Sword. 

And  ftrfr.  the  PETITION,   as  follows  a : 
The  Petition. 

Moft  Gracious  Sovereign, 

YOUR  Majcjlys  mcjl  humble  and  faithful  Sub- 
•*  jffis,  the  Commons  in  this  prefent  Parliament 
affnnbled,  do,  with  much  Thankfulnefs  and  Jsy,  ac- 
knowledge the  great  Mercy  and  Favour  of  God,  in 
giving  your  Majejly  a  jafe  and  peaceable  Return  out 

a  From  the  original  Edition,  printed  by  Jofepb  Hitnfcutt,    by 
Order  of  the  Houfe  of  Commons,  and  lign'd  by  //.  E!/in^t,  Chr. 
Par!.  D.  Com.     This  is  much  more  correct  than  the  Copy  of  it  in 
's,Aw//oa's,  and  Hufoands\  Colledions. 


Of   E  N  G  L  A  N  D.       57 

if  Scotland  into  yeur  'Kingdom  of  England  ;  where  An.  17.  Car.  1. 

the  pr  effing  Dangers  and  DiJ1em~p?rs  of  the  State  have        J  64  r  • 

fattfed  us,  iviib  much  Earneftnefs,  to  dejirt  the  Com-   x]jT^v'TT' 

.fort  of  your  gracious  Presence,  and  likcwife  the  Unity 

./and  Jujlice  of  your  Royal  Authority,   to  give  more 

Life  and  Power  to  the  dutiful  and  loyal  Coiinf  els  and. 

Endeavours  of  your  Parliament,  for  Prevention  of 

that  imminent  Ruin  and  Duftruftio'n  wherewith  your 

Kingdoms  of  England  and  Scotland  art  thrvatned. 

The  Duty  which  we  awe  to  your  Mffjefty  and  mirCvit*- 

iry,  cannot  but  make  us  very  fenjible  and  apprehcnfive, 

that  the  Multiplicity,  Shar'pnefs,  and  Malignity  cfithofe 

Evils,  under  whichwe  have  nsw  nany  Years  fujfervd* 

are  fomented  and  cherijhed  by  a  corrupt  andill-affeSt-- 

cd  Party  ;  who,  among/1  other  their  mif  chin-vein  De- 

vices for  the  Alteration  vfRelighn  and 


have  fought^  by  many  falfe  Scandals  and  Imputa- 
tions, cunningly  infinuated  and  difperfed  smongji  the 
People  ,  to  blemijh  and  dijgrace  mir  Proceedings  in  this' 
Parliament,  and  to  get  themfelves  a  Party  and  Fac- 
tion amongjl  your  Subje£ls  ;  for  the  better  Jirengthen- 
ing  of  thtrnfelves  in  their  ^vicked  Cvurfes,  and  hin- 
dering thoje  Provifions  and  Remedies  which  'might., 
bv  the  tyifdom  of  your  Majefty,  and  Counfel  of  your 
"Parliament,  be  oppofed  againji  them. 

For  preventing  whereof,  and  the  better  Informa- 
tion of  your  Majefty,  your  Peers,  and  all  other  your 
loyal  Sttbjefy,  ive  have  been  neceffitatcdto  make  a  De- 
claration of  the  State  of  the  Kingdom,  both  before  and 
Jince  the  Affembly  of  this  Parliament,  unto  this  Time; 
which  we  do  humbly  prefent  to  your  Majefty,  without 
the  lea/I  Intention  to  lay  any  Blemijb  upon  your 
Royal  Perfon,  but  only  to  reprefent  how  your  Royal 
Authority  and  Trujl  have  been  abufed,  to  the  great 
Prejudice  and  Danger  of  your  Majefty,  and  of  all 
your  gcsd  Sub  j  efts. 

And  becaufe  we  have  Reafon  to  believe  that  tfiofe 
malignant  Parties,  whofeProceedings  evidently  appear 
to  be  mainly  for  the  Advantage  andlncreafe  of  Popery, 
is  compofed,  fet  up,  and  afted  by  tire  fubtle  Praftice 
of  the  Jffuits,  and  other  Engineers  and  Fa  ft  or  s  for 
Rome  j  who,  to  the  great  Danger  of  'this  Kingdom, 

and 


58      The  Parliamentary  HISTORY 

An.  17  Car.  1.  and  mojl  grievous  Ajjiiftion  of  your  loyal  Subjefi;9 
*64*-  have  fo  far  prevailed,  as  to  corrupt  divers  of  your 
'— ~v — J  Bifhops,  and  others  in  prime  Places  of  the  Church  ; 
Dewmber.  ^  ^  fg  ^-^  £vers  Of  tbefe  Inftruments  to  be  of 
your  Privy  Council,  and  other  Employments  of  Tru/} 
and  Nearnefs  about  your  Maje/ly,  the  Prince,  and 
the  reft  of  your  Royal  Children :  And,  by  this  Cleans, 
have  had  fuch  an  Operation  in  your  Council  and  the 
mojl  important  Affairs  and  Proceedings  of  your  Go- 
vernment, that  a  mo/t  dangerous  Divijion  and  charge- 
able Preparation  for  War  betwixt  your  Kingdoms  of 
England  and  Scotland,  the  Increase  of  Jeaioufees  be- 
twixt your  Majefty  and  your  mojl  obedient  Subjects, 
the  violent  DiJiracJion  and  Interruption  of  this  Par- 
liament, the  Infurreftion  of  the  Papijls  in  your  King- 
dom of  Ireland,  and  bloody  Maffacre  of  your  People 
there,  have  been  not  only  endeavoured  and  attempted^ 
but,  in  a  great  Meafure,  compajfed  and  ejfefted : 

For  preventing  the  final  Accomplijhrnent  whereof, 
your  prior  Subjects  are  in  forced  to  engage  their  P  erf ons 
ana  Eftates  to  the  maintaining  of  a  very  expenceful 
and  dangerous  War,  notwithftanding  they  have  al- 
ready, fence  the  Beginning  of  this  Parliament,  un- 
dergone the  Charge  of  150,000!.  Sterling ,  or  there- 
abouts, for  the  necejfary  Support  and  Supply  of  your 
Majejly  in  thefe  prejjing  and  perilous  Defigns. 

And  becaufe  all  our  mo/i  faithful  Endeavours  and 
Engagements  will  be  inejfcttual  for  the  Peace,  Safe-. 
ty  and  Prejervation  of  your  Majefty  and  your  People ', 
if  fame  prefent,  real,  and  effectual  Courfe  be  not  ta- 
ken for  fupprejjing  this  wicked  and  malignant  Party^ 
we  your  mojl  humble  and  obedient  Subjects  do,  with 
all  Faithfulnefs  and  Humility,  befeechyour  Majefty^ 

I.  That  you  will  be  gracioufly  pleafed  to  concur  with 
the  humble  Deferes  of  your  People  in  a  Parliamentary 
Way,  for  the  preserving  the  Peace  and  Safety  of  the 
Kingdom  from  the  malicious  Def.gns  of  the  Popifb 
Party  :  For  depriving  the  Bifiops  of  their  Votes 
in  Parliament,  and  abridging  their  immoderate 
Power  ufurped  over  the  Clergy,  and  other  your  good 
Subjects-,  which  they  have  mojl  pernicioufty  abuffd,  to 

the 


Of    E  N  G  L  A  N  D.       5p 

the  Hazard  of  Religion,  and  great  Prejudice  a  fid  An,  17.  Car.  I. 
OppreJJion  of  the  Laws  of  the  Kingdom,  and  jujl        l64J' 
Liberty  of  your  People  :  For  the  taking  away  fuch    ^"^rT~J 

s\  rr  J      •      n    ;•    •  r>i         i    /-•  j      December. 

Opprejfions  in  Religion,  Church-Government ,  and 
Difcipline,  as  have  been  brought  in  and  fomented  by 
them  :  For  uniting  all  fuch  your  loyal  Subjects  toge- 
ther, as  join  in  the  jame  fundamental  Truths  againjl 
the  Papijh,  by  removing  fame  OppreJJions  and  unne- 
tejfary  Ceremonies,  by  which  divers  weak  Conferences 
have  beenfcrupled,  and  feem  to  be  divided  from  the 
reft:  For  the  due  Execution  ofthofegood  Laws  which 
have  been  made  for  fecuring  the  Liberty  of  your 
Subjects, 

II.  That  your  Majefly  will,  likewife,  bf  pleafed 
to  remove  from  your  Council  all  fuch  as  perjift  to  fa- 
vour and  promote  any  of  tbvfe  PreJJures  and  Cor- 
ruptions, wherewith  your  People  have  been  grieved  ; 
and  that,  for  the  future,  your  Majefty  will  vouchsafe 
to  employ  fuch  Perfons  in  your  great  and  public  Jf- 
fatrs,  and  to  take  fuch  to  be  near  you  in  Places  of 
Trujl,  as  your  Parliament  may  have  Caufe  to  con- 
fide in  :  That,  in  your  princely  Goodneft  to  your  Pea- 
pie,  you  will  rejeft  and  refufe  all  Mediation  and  So- 
licitation to  the  contrary,  how  powerful  and near foever. 


III.  That  you  would  be  pleafed  to  forbear  to  alie- 
nate any  of  the  forfeited  and  efcheatcd  Lands  in  Ire- 
land, which  Jhall  accrue  to  your  Crown  by  reafon  of 
this  Rebellion  ;  that,  out  of  them,  the  Crown  may  be 
the  better  fupported,  and  fame  Satis faclion  made  to 
your  Subjefts  of  this  Kingdom,  for  the  great  Expen- 
ces  they  are  like  to  undergo  by  this  War. 

Which  humble  Deftres  of  ours  being  gracioufiy  ful- 
filled by  \our  Majefly,  we  will,  by  the  Bleffing  and 
Favour  of  God,  moji  chear fully  undergo  the  Hazard 
'  and  Expences  of  this  War  ;  apply  ourfelves  to  fuch 
other  Courfes  and  Counfels  as  may  Jupport your  Royal 
Ejiate  with  Honour  and  Plenty  at  home,  with  Power 
and  Reputation  abroad ;  and,  by  our  loyal  Affections, 
Obedience,  and  Service,  lay  a  fure  and  lajling  Foun- 
dation of  the  Greatnefs  and  Profperity  of  your  Ma- 
Jejfy  and  your  Royal  Pofterity  in  future  Times. 

The 


60       The  Parliamentary  HISTORY 

r-i  I,  The  REMONSTRANCE  of  the  State  of  the  Kingdom 
prejentedwith  the  foregoing  PETITION. 

'  *TT"* HE  Commons  in  this  prefent  Parliament  af- 
'  fembled,  having,  with  much  Earneftnefs 

*  and  Faithtulnefs  of  Affection,  and  Zeal  to  the 
4  Public  Good  of  this  Kingdom  and  his  Majefty's 

ation-4  Honour  and  Service,  for  the  Space   of  twelve 
auicu  Months,  wreftled   with  the  great  Dangers  and 

*  Fears,  the  preifmgMiferies  and  Calamities,  the  va- 

*  ri->us  Oirtejjipers  and  Difprders,  which  had  not 
'  only  afiauited,  1-ut  even  overwhelm'd  and  extin- 

*  guiih'd  the  Liberty,  Peace,  and  Profperity  of  this 
'  Kingdom,  the Comfortand  Hopes  of  ail  hisMaje- 
-'  ity's  good  Subject^,   and  exceedingly  weakened 
•*  and  uj'jdermined  the  Foundation  and  Strength  of 

*  his  own  Royal  Throne,  do  yet  find  an  abound- 

*  ing  Malignity  and  Opposition  in  thofe  Parties 
*•  and  Faciions,  who  liave  been  the  Caufe  of  thofp 

*  Evils,  and  do  ftill  labour  to  caft  Aiperiions  upon 

*  ta<;t  which  hath  been  done  ;  toraiie  mmy  Diffi- 
'  cukiirs  for  the  Hirnl ranee  of  that  which  remains 

*  y^.t  .undone ;  and  alfo  to  foment  Jealoufies  be- 

*  twixt  the  King  and  the  Parliament ;  that  fo  they 

*  may  deprive  him  and  his  People  of  the  Fiiyt  of 

*  h:s  own  gracious  Intentions,  and  of  their  humble 
4  u(  iircs,  ot  procuring  the  Public  Peace,  Safety, 
'  a:>d  Happinefbof  this  Realm  :  For  the  preventing 
'  of  tUofe  milerabJe  EAecls,  which  fuch  malicious 
4  Endeavours  may  .produce,  .we  hav£  thought  good 
'  to  declare, 

i/?,  4  The  Root  and  the  Growth  ,of  thofe  mif- 

*  clnevous  Defigns. 

2<i/y,  fc  The  Maturity  and  JRipenefs,  to  .which 
'  they  had  attained  before  the  Beginning  .of  the 

*  Parliament. 

3^',  *  The  effe&ual  Means  which  have  been 

*  ufed  for  the  Extirpation  of  thofe  dangerous -Evils, 

*  and  the  Progrcli  which  .hath  therein  been  onad^ 

*  Uy  his  Majefty's.Goodnefs  and  the  \Wifdom  of 

*  the  Parliament. 


Of    ENGLAND.      tfi 

4//;/y,  '  The  Ways  of  Obftrudlion  and  Oppo-An.  *•?.  Car  % 
e  fition,  by  which  that  Progrefs  hath  been  inter-        164*- 

*  rupted.  i-~v~-^ 

Sthty,  «  The  Coiirfcs  to  be  taken  for  the  refno-     DettmL«> 

*  ving  thofe  Obftacles,  and  for  the  accomplifhing 
'  of  our  moft  dutiful  and  faithful  Intentions  and 

*  Endeavours  of  reftoring  and  eftablifhing  the  an- 
'  tient  Honour,  Greatnefs,   and  Security  or  this 
'  Crown  and  Nation. 

4  The  Root  of  all  this  Mifchief  we  find  to  be  a 

*  malignant  and  pernicious  Defign  of  fubverting 

*  the  Fundamental  Laws  and  Principles  of  Govern- 
'  ment ;  upon  which  the  Religion  and  Juflice  of 
'  this  Kingdom  are  firmly  eftablifhed. 

*  The  A<5lors  and  Promoters  hereof  have  been, 

1/7,  *  The  Jefuited  Papifts,  who  hate  the  Laws, 

'  as  the  Obftacles  of  that  Change  and  Subverfiou 

*  of  Religion,  which  they  fo  much  long  for. 

idly,  l  The  Bifhops,  and  the  corrupt  Part  of  the 
'  Clergy,  who  cherifh  Formality  and  Superftition, 
'*  as  the  natural  EfFecls,  and  more  probable  Sup- 
'  ports,  of  their  own  Ecclefiaftical  Tyranny  and 

*  Ufunpation. 

3<i/)-,  '  Such  Counfellors  and  Courtiers  as,  for 
€  private  Ends,  have  engaged  themfelves  to  further 
<vthe  Interefts  of  fome  foreign  Princes  or  States,  to 
'  the  Prejudice  of  his  Majefty  and  the  State  at 
6  home. 

4  The  common  Principles  by  which  they  mould- 

*  ed  and  .governed  all  their  particular  Counfels  and 
'  Actions,  were  thefe  : 

j//,  *  To  maintain  continual  Differences  and 

*  Difcontents  betwixt  the  King  and  the  People., 
'*  upon  Queftions  of  Prerogative  and  Liberty,  that 

*  fo  they  might  have  the  Advantage  of  fiding  with 
'  him  ;  and,  under  the  Notions  of  Men  addicted 

*  to  his  Service,  gain  to  themfelves,  arid  their  Par- 

*  ties,  the  Places  of  greateft  Truft  and  Power  in 

*  the  Kingdom. 

idly,  '  VTo  fupprefs  the  Purity  and  Power  of  Re- 

*  ligion,  and  fuch  as  were  beft  affected  to  it,  as  be- 
'  log  contrary  t.o  their  own  Ends,  and  the  greateft 

4  Im- 


62      The  Parliamentary  HISTORY 

An,  17.  Car.  i.«  Impediment  to  that  Change  which  they  thought 

1641.        <  to  introduce. 

*— • -V— -*        ylly->  '  To  conjoin  thofe  Parties  of  the  King- 
December.     ,  ^om  whowere  moft  propitious  to  their  own  Ends, 
4  and  to  divide  thofe  who  were  moft  oppofite : 

*  This  confifted  in  many  particular  Obfervations, 
'  viz.  to  cherifti  the  Arminian  Party  in  thofe  Points 

*  wherein  they  agree  with  the  Papifts ;  to  multiply 

*  and  enlarge  the  Differences  betwixt  the  common 
'  Proteftants  and  thofe  whom  they  call  Puritans  ; 

*  to  introduce  and  countenance  fuch  Opinions  and 

*  Ceremonies  as  are  fitteft  for  an  Accommodation 

*  with  Popery ;   to  increafe  and  maintain  Igno- 
'  ranee,  Loofenefs,  and  Profanenefs  in  the  People; 

*  that  of  thofe  three  Parties,  Papifts,  Arminians, 
'  and  Libertines,  they  might  compofe  a  Body  fit 

*  to  aft  fuch  Counfels  and  Refolutions,   as  were 

*  moil  conducible  to  their  own  Ends. 

4//.>/y,  '  To  di  faffed}  the  King  to  Parliaments  by 
c  Slanders  and  falfe  Imputations ;  and,  by  putting 
'  him  upon  other  Ways  of  Supply  (which,  in 

*  Shew  and  Appearance,  were  fuller  of  Advantage 

*  than  the  ordinary  Courfe  of  Subfidies,  though,  in 

*  Truth,  they  brought  more  Lofs  than  Gain  both 
'  to  the  King  and  People)  have  caufed  the  great 
'  Diffractions  under  which  both  fuffer. 

*  As  in  all  compounded  Bodies,  the  Operations 

*  are  qualified  according  to  the  predominant  Ele- 
'  ment;  fo,  in  this  mix'd  Party,  the  Jefuited  Coun- 
'  fels  being  moft  active  and  prevailing,  may  eafily 

*  be  difcovered  to  have  had  the  greateft  Sway  in  all 

*  their  Determinations  ;  and,  if  they  be  not  pre- 
'  vented,  are  likely  to  devour  the  reft,  or  to  turn 
'  them  into  their  own  Nature. 

*  In  the  Beginning  of  his  Majefty's  Reign,  the 
:  Party  begun  to  revive  and  flourifh  again,  having 

*  been  fomewhat  damp'd  by  the  Breach  with  Spain 

*  in  the  laft  Year  of  King  James,  and  by  his  Ma- 

*  jefty's  Marriage  with  France;  (the  Interefts  and 
Councils  of  that  State  being  not  fo  contrary  to  the 

'  Good  of  Religion  and  the  Profperity  of  this  King- 
'  dom,  as  thofe  of  Spain -,  and  the  Papifts  of  Bag- 

«  land 


O/    E  N  G  L  A  N  D.       63 

1  land  having  been  ever  more  addicted  to  Spain  than  An-  J7-  Car- 

*  France)  yet  they  ftill  retained  a  Purpofe  and  Re- 

'  folution  to  weaken  the  Proteftant  Parties  in  all     December. 

*  Parts,  and  even  in  Francl ;    thereby  to  make 
'  Way  for  the  Change  of  Religion  which  they  in- 
'  tended  at  home. 

*  The  firft  Effect  and  Evidence  of  their  Reco- 

*  very  and  Strength  was,  the  Diflblution  of  the 

*  Parliament  at  Oxford,  after  there  had  been  given 

*  two  Subfidies  to  his  Majefty  ;  and  before  they  re- 
4  ceived  Relief  in  any  one  Grievance,  many  other 

*  more  miserable  Effects  followed  m  : 

«  The  Lofs  of  the  Rachel  Fleet,  by  the  Help  of 

*  our  Shipping  fet  forth  and  delivered  over  to  the 
'  French,  in  Opposition  to  the  Advice  of  Parlia- 
'  ment ;  which  left  that  Town  without  Defence 
'  by  Sea,  and  made  Wa  •  not  only  to  the  Lofs  of 

*  that  important  Place,  but  likewife  to  the  Lofs  of 
'  all  the  Strength  and  Security  of  the  Proteftant 
'  Religion  in  France. 

*  The  Diverting  of  his  Majefty 's  Courfe  of  Wars 
'  from  the  Weft-Indies^  which  was  the  moft  facile 
'  .and  hopeful  Way  for  this  Kingdom  to  prevail  a- 

*  gainft  the  Spaniard^  to  an  expenceful  and  fuccef- 

*  lefs  Attempt  upon  Cadiz  ;  which  was  fo  ordered, 
'  as  if  it  had  rather  been  intended  to  make  us  weary 

*  of  War,  than  to  profper  in  it. 

*  The  precipitate  Breach  with  France,  and  ta- 

*  king  their  Ships  to  a  great  Value ;  whereupon 

*  the  Englijh  Subjects  Goods  were  embargoed  and 

*  confifcated  in  that  Kingdom,  without  having  any 
'  Recompence  made  them. 

'  The  Peace  with   Spain  without  Confent  of 

*  Parliament,   contrary  to    the  Promife  of  King 

*  James  to  both  Houfes  j  whereby  the  Palatine's 

*  Caufe  was  deferted,  and  left  to  chargeable  and 

*  hopelefs 

m  Tke  feveral  Grievances,  and  other  Fafts,  here  recited  in  this 
Remonftrance,  and  the  ConcelDons  on  the  Part  of  the  King,  appeal- 
ed to  in  his  M.«jefty's  Anfwer  and  Declaration,  may  be  found  in 
our  Sixth,  Seventh,  Eighth,  and  Ninth  Volumes  pajTrm.  To  re- 
fer to  each  Particular  would;  in  a  Manner;  be  a  Reletence  to  everj 
Page  of  ihofe  Volumes. 


64      Tke  Parliamentary  Hi? TORT 

An.  if.  dr.  I. «  hopelefs  Treaties;   whrch,  for  the  moft  Part, 
1641.        <  were  managed  by  thofe  who  might  juftly  be  fu- 

*  fpeeled  to  be  no  Friends  to  that  Caufe. 

'  The  charging  of  the  Kingdom  with  billeted 

*  Soldiers  in  all  Parts  of  it,  and  that  concomitant 

*  Defign  of  German  Horfe;  that  the  Land  might 
4  either  fubmit  with  Fear,  or  be  enforced  with 

*  Rigour,  to  fuch  arbitrary  Contributions  as  ihould, 
'  be  required  of  them. 

*  The  Diflbiving  of  the  Parliament,  in  the  fe- 
e  cond  Year  of  his  Majefty's  Reign,  after  a  De- 

*  claration  of  their  Intent  to  grant  five  Subfidies. 

'  The  Exacting  of  the  like  Proportion  of  five 

*  Subfidies,  after  the  Parliament  was  difTolved,  by 

*  Commiflion  of  Loan ;    and    divers  Gentlemen 

*  and  others  impriibned  for  not  yielding  to  pay  that 

*  Loan  ;  v/herebv  many  of  them  contracted  fuch 
•*  SicJcnefs  as  con:  them  their  Live?.    Great  Sums 
'  of  Money  required   and  raifed  by  Privy-Seals, 

*  An  unjuft  and  pernicious  Attempt  to  extort  great 

*  Payments  from  the  Subjects,  by  way  of  Excife  ; 
'and  a  Commiffion  iffued,   under  Seal,  for  that 

*  Purpofe. 

4  The  Petition-of- Right  which  was  granted  in 

*  full  Parliament,  blafted  with  an  illegal  Declarer 

*  tion,  to  make  it  deftrutSlive  to  itfelf,  to  the  Power 

*  of  Parliament,  to  the  Liberty  of  the  Subject,  and 

*  10  that  Purpofe  printed  with  it  -,  and  the  Petition 
'  made  of  no  Ufe  but  to  fhew  the  bold  and  pre- 

*  fumptuous  Jnjuftice  of  fuch  Minifters  as  durft 
'  break  the  Laws,  and  fupprefs  the  Liberties  of  the 

*  Kingdom,  after  they  had  .been  fo  folemnly  an4 
-*  evidently  declared. 

'Another  Parliament  diflblv'd  4.  CaroVi ;  the 
'*  Privileges  of  Parliament  broken,  by  imprifoning 

*  divers  Members  of  the  Houfe,  detaining  them 
'  clofe  Prifoners  for  many  Months  together,  with- 

*  out  the  Liberty  of  ufing  Books,  Pen,  Ink,  or 

*  Paper;  denying  them  all  the  Comforts  of  Life, 
«  all  Means  of  Prefervation  of  Health,  not  permit- 

*  ting  their  Wives  to  come  unto  them,  even  in 

*  Time  of  their  Sicknefs:  And,for  thecompleating; 

'  of 


Of    E  N  G  L  A  N  D.        65      . 

'  of  that  Cruelty,  after  Years  fpent  in  fuch  mife-  An.  17.  Car.  i. 
'  rable  Durance,  depriving  them  of  the  neceffary        l64^ 

*  Means  of  Spiritual  Confolation,    not  fufFering     D^'ber 

*  them  to  go  abroad  to  enjoy  God's  Ordinances,  in 

*  God's  Houfe,    or  God's  Minifters  to  come  to 

*  them,  to  adminifter  Comfort  unto  them  in  their 
'  private  Chambers;  and,  to  keep  them  ftill  in  this 
'  opprefTed  Condition,  not  admitting  them  to  be 

*  bailed  according  to  Law,  yet  vexing  them  with 

*  Informations  in  inferior  Courts  ;  fentencing  and 

*  fining  fome  of  them  for  Matters  done  in  Parlia- 

*  ment,  and  extorting  the  Payments  of  thofe  Fines 

*  from  them  ;   enforcing  others  to  put  in  Security 

*  for  good  Behaviour,  before  they  could  be  releafed. 
'  The  Impiifonment  of  the  reft,  who  refufed  to 
'  be  bound,  ftill  continued,    (which  might  have 

*  been  perpetual,  if  Neceffity  had   not,  the  laft 

*  Year,  brought  another  Parliament  to  relieve  them) 

*  of  whom  one  s  died  by  the  Cruelty  and  Harfh- 

*  nefs  of  his  Imprifonment ;  which  would  admit 

*  of  no  Relaxation,  notwithftanding  the  imminent 

*  Danger  of  his  Life  did  fufficiently  appear  by  the 
4  Declaration  of  his  Phyfician  :  And  his  Releafe, 

*  or  at  leaft  his  Refrefhment,  was  fought  by  many 

*  humble  Petitions.     And  his  Blood  llill  cries  for 
'  Vengeance,  or  Repentance  of  thofe  Minifters  of 

*  State,  who,  at  once,  obftru&ed  the  Courfe  both 

*  of  his  Majefty's  Juflice  and  Mercy. 

'  Upon  theDiflblution  of  boththefe  Parliaments  $ 

*  untrue  and  fcandalous  Declarations  were  publifh- 

*  ed,  to  afperfe  their  Proceedings,  and  fome  of  their 
'  Members  ;  unjuftly  to  make  them  odious,  and 
'  colour  the  Violence  which  was  ufed  againft  them, 

*  Proclamations  were  fet  out,  to  the  great  Deject  - 

*  ing  of  the  Hearts  of  the  People,  forbidding  them 
'  even  to  fpeak  of  Parliaments. 

'  After  the  Breach  of  Parliament,  in  the  fourth 

*  YearofhisMajefty,  Injuftice,Oppreffion,  and  Vi- 

*  olence  broke  in  upon  us,  without  any  Reftraint  or 

*  Moderation)  and  yetthefirft  Project,  was  the  great 

VOL.  X.  E  *  Sums 

t  Sir  John  Ellitt, 


66      T&?  Parliamentary  HISTORY 

An.  17.  Car.  I. c  Sums  exa&etl  thro'  the  whole  Kingdom,  for  De- 

1641.        c  fault  of  Knighthood,  which  feemed  to  have  ibme 

^ — v— -'    «  Colour  and  Shadow  of  Law  ;  yet,  if  it  be  rightly 

December.      t  examined  by  that  obfolete  Law  which  was  pre- 

*  tended  for  it,  it  will  be  found  to  be  againft  all  the 

*  Rules  of  Juttice,   both  in  refpecl  of  the  Perfons 
'  charged,  the  Proportion  of  the  Fines  demanded, 
'  and  the    abfurd    and  unreafonable  Manner    of 

*  their  Proceedings. 

*  Tonnage   and  Poundage  hath  been  received 
'  without  Colour  or  Pretence  of  Law;  many  other 
'  heavy  Impofitions  continued  againft  Law  ;  and 
'  fome  fo  unreafonable,  that  the  Sum  of  the  Charge 
'  exceeds  the  Value  of  the  Goods.     The  Book  of 
'  Rates  lately  enhanfed  to  a  his;h  Proportion  ;  and 
'  fuch  Merchants,  as  would  not  fubmit  to  their 
'  illegal  and  unreafonable  Payments,  were  vexed 

*  and  opprefied  above  Meafure ;  and  the  ordinary 

*  Courfe  of  Juftice,    the  common  Birth- right  of 

*  the  Subjects  of  England^  wholly  obstructed  unto 
'  them.     And  although  all  this  was  taken  upon 
'  Pretence  of  guarding  the  Sea,  yet  a  new  and  un- 

*  heard-of  Tax  of  Ship-Money  was  devifed,  upon 

*  the  fame  Pretence.     By  both  which   there  was 

*  charged  upon  the  Subject  near  700,000 /.  fome 

*  Years  ;  and  yet  the  Merchants  have  been  left  fo 
«  naked  to  the  Violence  of  the  Turkijh  Pirates,  that 
'  many  great  Ships  of  Value,  and  thoufands  of  his 
'  Majeity's  Subjects,    have  been  taken  by  them, 
'  and  do  {till  remain  in  miferable  Slavery. 

*  The   Enlargement   of   Forefts,    contrary   to 
'  Charta  de  Forefta,  and  the  Compofition   there- 

*  upon:  The  Exactions  of  Coat  and  Conduc~t-Mo- 

*  ney,  and  divers  other  Military  Charges :  The  ta- 
'  king  away  the  Armsof  the  Train'd  Bands  of  divers 
'  Counties  :    The  defperate  Defign  of  ingroffing 

*  all  the  Gun-Powder  into  one  Hand,  keeping  it 

*  in  the  Tower  of  London,  and  fetting  fo  high  a 
Rate  upon  it,  that  the  poorer  Sort  were  not  able 

'  to  buy  it,   nor  could  any  have  it  without  Licenfe  ; 
4  thereby  to  leave  the  feveral  Parts  of  the  Kingdom 

4  deftitutc 


Of    E  N  G  L  A  N  D.       67 

'  deftitute  of  their  neceflary   Defence;    and,  by  An.  17.  Car.  I. 
c  felling  fo  dear  that  which  was  fold,  to  make  an 
'  unlawful  Advantage  of  it,  to  the  great  Charge 

*  and  Detriment  of  the  Subject :  The  general  De- 
'  ftrucHon  of  the  King's  Timber,  efpecially  that  in 

*  the  Foreft  of  Dean,  fold  to  Papifts  ;  which  was 
'  the  beft  Store-houfe  of  this   Kingdom  for  the 
'  Maintenance  of  our  Shipping  :  The  taking  away 
'  of  Men's  Right,  under   Colour  of  the  King's 

*  Title  to  Land  between  High  and  Low  Water- 

*  Marks:  The  Monopolies  of  Soap,  Salt,  Wine, 

*  Leather,  Sea-Coal,  and,  in  a   Manner,  of  all 
'  Things  of  moft  common  and  neceflary    Ufe  : 

*  The  Reftraint  of  the  Liberties  of  the  Subjects  in 

*  their  Habitations,  Trades,  and  other  Interefts : 
'  Their  Vexation  and  Opprefiion  by  Purveyors, 

*  Clerks  of  the  Market,  and  Salt-petre  Men:  The 

*  Sale  of  pretended  Nufances,  as  Buildings  in  and 

*  about  London:  Converfion  of  Arable  into  Pafture, 

*  and  Continuance  of  Pafture, hath, undertheName 
'  of  Depopulation,  drawn  many  Millions  out  of 

*  the  Subje&s  Purfes,  without  any  confiderable  Pro- 

*  fit  to  his  Majefty.     Large  Quantities  of  Com- 

*  mon,  and  feveral  Grounds,  have  been  taken  from 
'  the  Subject,  by  Colour  of  the  Statute  of  Improve- 
'  ment,  and  by  Abufe  of  the  Commiffion  of  Sew- 

*  ers,  without  their  Confent,  and  againft  it* 

*  Not  only  private  Intereft,  but  alfo  public  Faith 
'  hath  been  broken,  in  feizing  of  the  Money  and 

*  Bullion  in  the  Mint;  and  the  whole  Kingdom 
'  like  to  be  robbed  at  once,  in  that  abominable  Pro- 
cje&  of  Brafs  Money.     Great  Numbers  of  his 
'  Majefty's  Subjects,  for  refufing  thofe  unlawful 
'  Charges,  have  been  vex'd  with  long  and  expenfive 
'  Suits  ;  fome  fined  and  cenfured  ;  ochers  commit- 

*  ted  to  long  and  hard  Imprifonments  and  Confine- 

*  ments,  to  the  Lofs  of  Health  in  many,  of  Life  in 

*  fome  ;  and  others  have  had  their  Houfes  broken 

*  open,  and  their  Goods  feized  ;  fome  have  been 
'  reftrained  from  their  lawful  Callings  ;  Ships  have 

*  been  interrupted  in  their  Voyages,  furprized  at 

*  Sea,  in  a  hoftile  Manner,  by  Projectors,  as  by  a 

E  2  •  com- 


68      The  Parliamentary  HISTORY 

An.  17.  Car.  i.c  common  Enemy  ;  Merchants  prohibited  to  im- 

1641.        t  ]aje  tjlejr  Goods  in  fuch  Ports  as  were  for  their 

'*— — v~— '    4  ov/n  Advantage,  and   forced   to  bring  them  to 

December.       t  ^^  p]aces  whjch  wefe  mQ^  for  th<J  Advantage 

4  of  the  Monopolizers  and  Projectors. 

*  The  Court  of  Star-Chamber  hath  abounded  in 
'  extravagant  Cenfures,  not  only  for  the  Mainte- 
4  nance  and  Improvement  of  Monopolies,  and  other 

*  unlawful  Taxes,  but  for  divers  other  Caufes,  where 
'  there  hath  been  no  Offence,  or  very  fmall ;  where- 

*  by  his  Maj  city's  Subjects  have  been  opprefs'd  by 

*  grievous  Fines,  Imprifonments,    Stigmatizings, 

*  Mutilations,  Whippings,  Pillories,  Gags,  Con- 

*  finemen's,  and  Banifhments,  after  fo  rigidaMan- 
.'  ner,  as  hath  not  only  deprived  Men  of  the  Society 
'  of  their  Friends,   Exercife  of  their  Profeflions, 
4  Comfort  of  Books,  Ufe  of  Paper  and  Ink,    but 
«  even  violated  that  near  Union  which  God  hath 
4  eftablifhed  betwixt  Men  and  their  Wives,  byfor- 
'  ced  and   constrained  Separation  ;  whereby  they 
4  have  been  bereaved  of  the  Comfort  and  Conver- 
4  fation  one  of  another,  for  many  Years  together, 
4  without  hope  of  Relief;  if  God  had  not,   by  his 
4  over- ruling  Providence,  given  fome  Interruption 
4  to  the  prevailing  Power  and  Counfel  of  thofe, 
4  who  were  the  Authors  and  Promoters  of  fuch 
4  peremptory  and  heady  Courfes. 

4  Judges  have  been  put  out  of  their  Places,  for 
'  refuting  tb  a-ftagainft  their  Oaths  and  Confciences; 
4  others  have  been  fo  awed  that  they  durft  not  do 
4  their  Duties  ;  and,  the  better  to  hold  a  Rod  over 
4  them,  the  Claufe,  Qiamd'tu  fe  bene  gejferit,  was 
4  left  out  of  their  Patents,  and  a  new  Claufe,  Du- 

*  rante  Blcneplaciio,  infeited.      Lawyers  have  been 
4  check'd  for  being  faithful  to  their  Clients  :  Solli- 
4  citors  and  Atrornies  have  been  threatened,  and 
4  fome  punifned,  for  following  lawful  Suits  :   And, 
4  by  this  Means,    all   the  Approaches  to  Juftice 

*  were  interrupted  and  forecluded. 

4  New  Oaths  have  been  forced  upon  the  Subject 
'  againft  Law  ;  new  Judica.tories  creeled  without 
4  Law.  The  Council-Table  have,  by  their  Orders, 

4  offered 


Of   E  N  G  L  A  N  D.       6^ 

4  offered  to  bind  the  Subjects  in  their  Freeholds,  An.  17.  Car.  r. 

*  Eitates,  Suits,  and  Actions.  i*4'. 

'  The  pretended  Court  of  the  Earl  Marfhal  was    v /-*-* 

'  arbitrary,  and  illegal,  in  its  Being  and  Proceed-     December. 

*  ings.     The    Chancery,    Exchequer-Chamber, 
4  Court  of  Wards,  and  other  Englijh  Courts,  have 

*  been  grievous,  in    exceeding  their  Juriidiction. 
4  TheEitateof  many  Families  weakened,  and  fomc 
4  ruined,  by  excefiive  Fines  exacted  from  them  for 
'  Compofitions  of  Wardships.  All  Leafes  of  above 
4  an  hundred  Years  made   to  draw  on  Wardfhip, 
4  contrary  to  Law.     Undue  Proceedings  ufed  in 
4  rinding  of  Offices,  to  make  the  Jury  find  for  the 
4  King.      The  Common-LaW  Courts,    feeing  all 
'•  Men    more   inclined  to   feek    Juftice  where  it 
'  may  be  fitted  to  their  own  Defire,  are  known  fre- 

*  quently  to  forfake  the  Rules  of  the  Common-Law, 

*  and,  {training  beyond  their  Bounds,  under  Pre- 
4  tence  of  Equity,  to  do  Injuftice.     Titles  of  Ho- 

*  nour,  judicial  Places,  Serjeantfhips  at  Law,  and 

*  other  Offices  have  been   fold  for  great  Sams  of 

*  Money  ;    whereby  the  common  Juiticc  of  the 

*  Kingdom  hath  been  much  endangered,  not  only 

*  by  opening  a  Way  of  Employment,  in  Places  of 

*  great  Truft  and  Advantage,  to  Men  of  weak 
4  Parts,    but  alfo  by  giving  Occafion  to  Bribery, 
4  Extortion,  and  Partiality,    it  feldom  happening 
4  that  Places   ill  gotten  are  well  ufed;  Commif- 
4  fions  have  been  granted  for  examining  the  Excefs 
4  of  Fees  ;  and,  when  great  Exactions  have  been 
4  difcovered,  Compofitions  have  been  made  with 
4  Delinquents,  not  only  for  the  Time  paft,  but 
4  Jikewiie  for  Immunity  and  Security  in  offending 
4  for  the  Time  to  come  ;  which,  under  Colour  of 
4  Remedy,  hath  but  confirmed  and  increafed  the 
4  Grievance  to  the  Subject.     The  ufual  Courfe  of 
4  pricking  Sheriffs  not  obferved  ;  but  many  Times 
4  Sheriffs  made  in  an  extraordinary  Way ;  fometimes 
4  as  a  Punifhment  and  Charge  unto  them  j  fome- 
4  times  fuch  were  pricked  out,  as  would  be  Inftru- 

*  ments  to  execute  whatfoever  they  would  have  to 

*  be  done. 

E  ^  «  The 


jo       The  Parliamentary  HISTORY 

An.  17.  Car.  I.      '  The  Bifhops  and  the  reft  of  the  Clergy  did  tri- 

1641.        <  umph  in  the   Sufpenfions,   Excommunications, 

<-  — v—  ~j    «  Deprivations  and  Degradations,  of  divers  painful, 

Pepwnber.     «  iearne(j5  anc|  pjous  Mmifters,  and  in  the  Vexation 

'  and  grievous  Oppreflion  of  great  Numbers  of  his 

4  Majefty's  good  Subjects.  The  High  Commiffion 

4  grew  to  fuch  Excefs  of  Sharpnefs  and  Severity,  as 

'  was  not  much  lefs  than  the  Romifh  Inquiiition  ; 

'  and  yet,  in  many  Cafes,  by  the  Archbifhop's 

*  Power  ',  was  made  much   more  heavy,  being 

*  affifted  and  ftrengthened  by  Authority   of  the 

*  Council-Table. 

*  The  Bimops,  and  their  Courts,  were  as  eager 
'  in  the  Country ;  and  although  their  Jurifdiction 

*  could  not  reach  fo  high  in  Rigour  and  Extremity 
'  of  Punifhment,  yet  were  they  no  lefs  grievous,  in, 

*  refpectof  the  Generality  and  Multiplicity  of  Vex- 

*  ations ;  which  lighting  upon  the  meaner  Sort  of 
4  Tradefmen  and  Artificers,  did  impoverifh  many 

*  Thoufands,  and  fo  afflict  and  trouble  others,  that 

*  great  Numbers,  to  avoid  their  Miferies,  departed 
4  out  of  the  Kingdom  ;  fome  into  New-England^ 

*  and  other  Parts  of  America  ;  others  into  Holland^ 
4  where  they  have  tranfpoi  ted  their  Manufactures  of 

*  Cloth  ;  which  is  not  only  a  Lofs,  by  diminiftiing 

*  the  prefent  Stock  of  the  Kingdom,  but  a  great 
'  Milchief,  by  impairing  and  end  angering  the  Lofs 

*  of  that  peculiar  Trade  of  Cloathing,  which  hath 

*  been  a  plentiful  Fountain  of  Wealth  and  Ho- 

*  nour  to  this  Nation.     Thofe  were  fitteft  for  Ec- 
«  clefiaftical  Preferment,   and  fooneft  obtained  it, 

*  who  were  moft  officious  in  promoting  Superftition; 
4  moft  virulent  in  railing  againft  Godlineis  and  Ho- 

*  nefty. 

'  The  moft  public  and  folemn  Sermons  before 
'  his  Majefty,  were  either  to  advance  Prerogative 

*  above  Law,  and  decry  the  Property  of  the  Subjeft; 

*  or  full  of  fuch  kind  of  Invectives,  whereby  they 

*  might  make  thofe  odious,  who  fought  to  main- 
4  tain  the  Religion,   Laws,  and  Liberties  of  the 

*  King- 

1  Dr.ZW,  Archbiftop'of  Canterbury. 


Of    ENGLAND.        71 

4  Kingdom  ;  and  fuch  Men  were  fure  to  be  weeded  An,  17.  Car  i, 

*  out  of  the  Commiinon  of  the  Peace,  and  out  of 

'  all  other  Employments  of  Power  in  the  Govern-     December/ 
'  ment  of  the  Country.     Many  Noble  Peribnages 

*  were  Counfellors  in  Name  ;   but  the  Power  and 

*  Authority  remained  in  a  few  of  fuch  as  were  moft 
'  addicted  to  this  Party  ;  whole  Resolutions   and 

*  Determinations  were  brought  to  the  Table  for 

*  Countenance   and    Execution,    not   for  Debate 
'  and  Deliberation;  and  no  Man  could  offer  to  op- 
'  pofe  them  without  Difgrace  and  Hazard  to  him- 

*  felf :  Nay,  all  thofe  that  did  not  wholly  concur, 
'  and  actively  contribute  to  the  Furtherance  of  their 
'  Defigns,   though   otherwife  Perfons  of  ever  fe 
'  great  Honour  and  Abilities,  were  fo  far  from  be- 
'  ing  employed  in  any  Place  of  Truft  and  Power, 

*  that  they  were  neglected,  difcountenanced,  and, 
'  upon  all  Occafions,  injur'd  and  opprefled.  This 
'  Fadkion  was  grown  to  that  Height  and  Intire- 
'  nefs  of  Power,  that  now  they  began  to  think  of 
'  finiQiing  their  Work,  which  coniifted  of  thefe 

*  three  Parts  : 

1 .  '  The  Government  muft  be  fet  free  from  all 

*  Reftraint  of  Laws,  concerning  our  Perfons  and 
«  Eftates. 

2.  '  There  muft  be  a  Conjunction  betwixt  Pa- 
'  pifts  and  Proieftants,   in  Doctrine,   Difcipline, 
'  and  Ceremonies  j  only  it  muft  not  yet  be  called 
«  Popery. 

3.  '  The  Puritans  (under  which  Name  they  in- 
'  elude  all  thofe  that  defire  to  preferve  the  Laws  ami 
'  Liberties  of  the  Kingdom,  and  to  maintain  Re- 

*  ligion  in  the  Power  of  it)  muft  be  either  rooted 
'  out  of  the  Kingdom  with  Force,  or  driven  out 
«  with  Fear.     For  the  effecting  of  this,    it  was 
'  thought  neceflary  to  reduce  Scotland  to  fuch  Po- 

*  pifla  Superftitions  and  Innovations,  as  might  make 
'  them  apt  to  join  with  England   in  that  great 
4  Change  which,  was  intended  :    Whereupon  new 
'  Canons  and  a  new  Liturgy  were  prefs'd  upon 
4  them  j  and,  when  they  reiufed  to  admit  of  them, 

«  an. 


72      The  Parliamentary  HISTORY 

an  Army  was  raifed  to  force  them  to  it ;  towards 
c  which  the  Clergy  and  the  Papifts  were  very  for- 
Decemb-r  *  ward  in  their  Contribution.  The  Scots  likewife 
«  raifed  an  Army  for  their  Defence ;  and  when  both 
'  Armies  were  come  together,  and  ready  for  a 

*  bloody  Encounter,  his  Majefty's   own  gracious 
<  Difpofition,   and  the  Counfel  of  the  Englijh  No- 

*  bility  and  dutiful  Submiflion  of  the  Scots^  did  fo 

*  far  prevail  againft  the  evil  Counfel  of  others,  that 
'  a  Pacification  was  made,  and  his  Majefty  returned 
'  with  Peace  and  much  Honour  to  London. 

'  This  unexpected  Reconciliation  was  moft  ac- 
'  ceptable  to  all  the  Kingdom,  except  to  the  ma- 
'  lignant  Party,  whereof  the  Archbifhop  and  the 

*  Earl  of  Strafford  being  Heads,  they  and  theirFac- 

*  tion  began  to  inveigh  againft  the  Peace,  and  to 

*  aggravate  the  Proceedings  of  the  States  ;  which  fo 
'  incenfed  his  Majefty,  that  he  forthwith  prepared 

*  again  for  War.  And  fuch  was  their  Confidence, 

*  that,  having  corrupted  and  diftempered  the  whole 

*  Frame  and  Government  of  the  Kingdom,  they 
«  did  now  hope  to  corrupt  that  which  was  the  only 
'  Means  to  reftore  all  to  a  right  Frame  and  Temper 

*  again  ;  to  which  End  they  perfuaded  his  A'lajefty 
'  to  call  a  Parliament,  not  to  feek Counfel  and  Ad- 

*  vice  of  them,  but  to  draw  Countenance  and  Sup- 
'  ply  from  them,   and  engage  the  whole  Kingdom 

*  in  their  Quarrel  ;  and,  in  the  mean  Time,  conti- 

*  nued  all  their  unjuft  Levies  of  Money,   refolving 
'  either  to  make  the  Parliament  pliant  to  their  Will, 

*  and  to  eftablifh  Mifchief  by  a  Law,   or  elfe  to 

*  break  it ;  and,   with  more  Colour,  to  go  on  by 
'  Violence  to  take  what  they  could  not  obtain  by 

*  Confent. 

'  The  Ground  alledged  for  the  Juftification  of 

*  this  War  was  this,  That  the  undutiful  Demand 
'  of  the  Parliament  of  Scotland  was  a  fufficientRea- 
'  fon  for  his  Majefty  to  take  Arms  againft  them, 
4  without  hearing  the  Reafon  of  thofe  Demands  : 
'  And  thereupon  a  new  Army  was  prepared  againft 

*  them;  their  Ships  were  feized  in  all  Ports  both  of 

*  England 


Of    E  N  G  L  A  N  D.       73 

*  England  and  Ireland,  and  at  Sea;  their  Petitions  An.  17.  Car.  I, 

*  rejected ;  and  their  Commiffioners  refufed  Au-        l64»- 

*  dience. 

4  This  whole  Kingdom  being  moft  miferably  di- 

*  ftemper'd  with  Levies  of  Men  and  Money,  and 
4  Imprifonments  of  thofe  who  denied  to  tubmit  to 
4  thole  Levies,  the  Earl  of  &trafford  patted  into  Ire- 
4  land,ca.ukd  the  Parliament  there  to  declare  againft 
4  the  Scots ,  to  give  four  Subfidies  towards  that  VVar, 

*  and  to  engage  themfelves,  their  Lives,  and  For- 

*  tunes,  for  the  Profecution  of  it ;  and  gave  Direc- 

*  ticns  for  an  Army  of  8000  Foot  and  1000  Horfe 

*  to  be  levied  there,  which  were  for  the  moft  part 
«  Papifts. 

4  The  Parliament  met  upon  the  I3th  Day  of 
4  'April,  1640.  The  Earl  of  Strafford  and  Arch- 
4  bifhop  of  Canterbury,  with  their  Party,  fo  pre- 
4  vailed  with  his  Majefty,  that  the  Houfe  of  Com- 

*  mons  were  prefs'd  to  yield  a  Supply  for  the  Main- 
'  tenance  of  the  War  with  Scotland,  before  they  had 
4  provided  any  Relief  forthe  great  and  prefiingGrie- 
4  vances  of  the  People  ;  which  being  againft  the 
'  Fundamental  Privilege  and  Proceeding  of  Parlia- 
4  ment,  was  yet,  in  humble  Refpect  to  his  Majefty, 
4  fo  far  admitted,  as  that  they  agreed  to  take  the 
'  Matter  of  Supply  into  Confideration ;  and  two  fe- 
4  veral  Days  it  was  debated,  (twelve  Subfidies  being 

*  demanded  for  the  Releafe  of  Ship-Money  alone) 
'  and  a  third  Day  was  appointed  for  Conclufion  ; 

*  when  the  Heads  of  that  Party  began  to  fear  the 
'  People  might  clofe  with  the  King  in  fatisfying  his 

*  Defire  of  Money ;  but  that  withall  they  were  like 

*  to  blaft  their  malicious  Defigns  againft  Scotland, 

*  finding  them  very  much  indifpofed  to  give  any 
4  Countenance   to    that  War :    Thereupon  they 

*  wicked ly -ad vi fed  the  King  to  break  off  the  Par- 
4  liament,  and  to  return  to  the  Ways  of  Confu- 
4  fion  ;   in  which  their  own  evil  Intentions  were 
4  moft  like  to  profper  and  fucceed. 

4  After  the  Parliament  ended,  May  5,   1640, 
4  this  Party  grew  fo  bold  as  to  counfel  the  King  to 

4  fupply 


74       T%e  Parliamentary  HISTORY 

An.  17.  Car.  I. '  fupply  himfelf  out  of  his  Subjects  Eftates  by  his 

1641.         *  own  Power,  at  his  own  Will,  without  their  Con- 

i—""v~-J    '  fent.     The  very  next  Day  fome  Members  of 

Pecemoer'      «  both  Houfes  had  their  Studies  and  Cabinets,  yea 

*  their  Pockets,  fearched  ;  another  of  them,  not 
'long  after,  was  committed  clofe  Prifoner,    for 

*  not  delivering  fome  Petitions  which  he  had  recei- 
'  ved  by  Authority  of  that  Houfe ;  and  if  harftier 

*  Couries  were  intended,  as  was  reported,  it  is  very 
'  probable  that  the  Sicknefs  of  the  Earl  of  Strafford^ 
'  and  the  tumultuous  Rifing  in  Southwark^   and 

*  about  Lambeth^  were  the  Caufes  that  fuch  violent 

*  Intentions  were  not  brought  to  Execution. 

*  A  falfe  and  fcandalous  Declaration  againft  the 
'  Houfe  of  Commons  was  publifhed  in  his  Maje- 

*  fty's  Name ;  which  yet  wrought  little  Effect  with 

*  the  People,  but  only  to  manifeft  the  Impudence 
'  of  thofe  who  were  the  Authors  of  it. 

'  A  forced  Loan  of  Money  was  attempted  in  the 
'  City  of  Londo-n,  and  the  Lord  Mayor  and  Al- 
'  dermen  in  their  feveral  Wards,  enjoined  to  bring 
'  in  a  Lift  of  the  Names  of  fuch  Perfons  as  they 
'  judged  fit  to  lend,  and  of  the  Sum  they  fhould 
'  lend ;  and  fuch  Aldermen  as  refufed  fo  to  do,  were 

*  committed  to  Prifon. 

'  The  Archbifhop,  and  the  other  Bifhops  and 
'  Clergy,  continued  the  Convocation,  and,  by  a 
'  new  Commifiion,  turn'd  it  into  a  Provincial  Sy- 
'  nod  ;  in  which,  by  an  unheard-of  Prefumption, 
'  they  made  Canons,  that  contain  in  them  many 
'  Matters  contrary  to  the  King's  Prerogative,  to 
'  theFundamentalLaws  and  Statutes  of  the  Realm, 

*  to  the  Right  of  Parliaments,  to  the  Property  and 

*  Liberty  of  the  Subject ;  and  Matters  tending  to 

*  Sedition,  and  of  dangerous  Confequence  ;  there- 

*  by  eftablifhing  their  own  Ufurpations,  justifying 
'  their  Altar-Worfhip,  and  thole  other  fuperftitious 
'  Innovations,    which    they   formerly   introduced 

*  without  Warrant  of  Law. 

'  They  impofed  a  new  Oath  upon  divers  of  his 
«  Majefty's  Subjedts,  both  Ecclefiafticul  and  Lay, 

'for 


Of    ENGLAND.        75 

*  for  Maintenance  of  their  own  Tyranny  ;  laid  a  An.  17.  Car.  J, 

*  great  Tax  upon  the  Clergy  for  Supply  of  his  Ma-        *_*—    t 
'jefty;  and,  generally,  they  fhewed  themfelves  ve-  '  Decemb€r. 

4  ry  affectionate  to  the  War  with  Scotland,  which 

*  was,  by  fome  of  them,  ftyled  Eellum  Epifcopale; 
'  they  cotnpofed  a  Prayer,  and  enjoin'd  it  to  be  read 

*  in  all  Churches,  calling  the  Scats,  Rebels,  to  put 

*  the  two  Nations  into  Blood,  and  make  them  irre- 

*  concilable.  All  thefe  pretended  Canons  and  Con- 
'  ftitutions  were  armed  with  the  feveral  Cenfures  of 

*  Sufpenfion,  Excommunication,  and  Deprivation; 

*  by  which  they  would  have  thrufr.  out  all  the  good 

*  Minifters,  andmoftof  the  wcll-affedted  People  of 

*  the  Kingdom,  and  left  an  eafy  Pafiage  to  their 
4  own  Defign  of  Reconciliation  with  Rome. 

4  The  Popifli  Party  enjoyed  fuch  Exemption  from    , 

*  the  Penal  Laws,  as  amounted  to  a  Toleration, 

*  befides  many  other  Encouragements  and  Court 
4  P'avours.     They  had  a  Secretary  of  State,  Sir 
4  Francis  Windcbank,  a    powerful  Agent  for  the 
4  Speeding  of  all  their  Defires;  and  aPope's  Nuncio 

*  refiding  here,  to  adt  and  govern  them  according 
4  to  fuchlnftrudions  as  he  received  from  Rome,  and 
4  to   intercede   for  them  with  the  moft  powerful 
4  Concurrence  of  the  foreign  Princes  of  that  Reli- 
4  gion  ;  by  whofe  Authority  the  Papifts  of  all  Sorts, 
4  Nobility,  Gentry,  and  Clergy,  were  convocated 
4  after  the  Manner  of  a  Parliament;  new  Jurifdic- 
4,,tionswere  erected  of  Romifi  Archbifhops;  Taxes! 
4  levied  ;  another  State  moulded  within  this  State, 
4  independent  in  Government,  contrary  in  Intereft 
4  and  Affection,  fecretly  corrupting  the  ignorant  or 
4  negligent  Profeflbrs  of  our  Religion,  and  clofely 
4  uniting  and  combining  themfelves  againft  fuch  as 
4  were  found;  in  this  Pofture  waiting  for  an  Oppor- 
4  tunity,  by  Force,  to  deftroy  thofe  whom  they 
4  could   not   hope  to   feduce.     For  the  effedting 
4  whereof,  they  were  ftrengthened  with  Arms  and 
4  Munition,  and  encouraged  by  fuperftitiousPrayers, 
4  enjoined  by  the  Nuncio  to  be  weekly  made  for 
4  the  Profperity  of  fome  great  Defign.     And  fuch 
4  Power  had  they  at  Court,  that,  fecretly,  a  Com- 

4  miffion 


76      The  Parliamentary  HISTORY 

An.  17.  Car.  I.'. million  was  intended  to  be  iflued  to  fome  great 

164:.        <•  iyjen  Of  that  Profeffion,  for  the  levying  of  Soldiers, 

*r~vT*-'    *  and  to  command  and  employ  them  according  to 

*  private  Inftrudions;  which  we  doubt  were  framed 
«  for  the  Advantage  of  thofe  who  were  the  Contri- 
'  vers  of  them. 

'  His  Majefty's  Treafure  was  confumed ;  his  Re- 

*  venue  anticipated;  his  Servants  and  Officers  com- 
«  pelled  to  lend  great  Sums  of  Money  ;  Multitudes 

*  were  called  to  the  Council-Table,  who  were  tired 
'  with  long  Attendances  there,  for  refuiing  illegal 
'  Payments  ;  the  Prifons    were  filled   with  their 
'  Commitments  ;  many  of  the  Sheriffs  fummoned 
'  into  the  Star-Chamber,  and  fome  imprifoned  for 

*  not  being  quick  enough  in  levying  the  Ship-Mo- 
4  ney ;  the  People  languifhed  under  Grief  and  Fear, 

*  no  vifible  Hope  being  left,  but  in  Defperation; 

*  the  Nobility  beginning  to  be  weary  of  theirSilence 

*  and  Patience,  and  fenlible  of  the  Duty  and  Trult 
'  which  belongs  to  them,  fome  of  the  moft  emi- 

*  nent  of  them  did  thereupon  petition  his  Majefty, 
'  at  fuch  a  Time  when  evil  Counfels  were  fo  ilrong, 

*  that  they  had  reafon  to  expect  more  Hazard  to 

*  themfelves,  than  Redrefs   of  thofe   public  Evils 

*  for  which  they  interceded. 

4  Whilft  the  Kingdom  was  in  this  Agitation  and 
'  Difremper,  the  Scots  (reftrained  in  their  Trades, 
'  impoverifoed  by  the  Lofs  of  many  of  their  Ships, 
'  and  bereaved  of  all  Poffibility  of  fatisfying  his  Ma- 
'  jetty  by  any  naked  Supplication)  entered  with  a 

*  powerful  Army  into  the  Kingdom  ;  and,  without 
'  any  hoftile  A&  or  Spoil  in  7he  Country  as  they 
'  palfed,  more  than  forcing  a  PafTage  over  the  Tyne 
'  at  Newburn,  near Newcvjlle,  pofleffed  themfelves 
'  of  NewcaftU)  and  had  a  fair  Opportunity  to  prefs 
'  further  upon  the  King's  Army  ;  but  Duty  and  Re- 
'  verence  to  his  Majefty,  and  brotherly  Love  to  the 

*  Englifh  Nation,  made  them  (lay  there  ;  whereby 

*  the  King  had  Leifure  to  entertain  better  Counfel ; 

*  wherein  God  fo  bleffed  and  directed  him,  that  he 
'  fummoned  the  great  Council  of  Peers  to  meet  at 

*  York,  upon  the  24th  of  September,  and  there  de- 

clared 


Of    E  N  G  L  A  N  D.       77 

1  clared  a  Parliament  to  begin  the  third  ofNovem-Ant  ,7.  Car.  r. 

*  ^r  then  following.  1641. 

*  The  Sects,  the  fi'rft  Day  of  the  great  Council,  *— - v^— ' 
4  prefented  an  humble  Petition  to  his  Majefty,  December. 
4  whereupon  the  Treaty  was  appointed  at  Rippon ; 

*  a  prefent  Ceiiation  of  Arms  agreed  upon  j   and 

*  a  full  Conclufion  of  all  Differences  referred  to  the 
*' Wifdom  and  Care  of  the  Parliament. 

'  At  our  firft  Meeting  all  Oppofitions  feem'd  to 

*  vanifh,  the  Mifchiefs  were  fo  evident,  which  thofe 
4  evil  Counfellors  produced,  that  no  Man  durft 
'  ftand  up  to  defend  them  ;  yet  the  Work  itfelf  af- 

*  forded  Difficulty  enough.    The  multiplied  Evils, 

*  and  Corruption  of  lixteen  Years,  ftrengthened  by 

*  Cuftom  and  Authority,  and  the  concurrent  Inte- 

*  reft  of  many  powerful  Delinquents,  were  now  to 

*  be  brought  to  Judgment  and  Reformation.     The 

*  King's  Houfhold  was  to  be  provided  for,  they  ha- 
'•  ving  brought  him  to  that  Want,  that  he  could 

*  not  fupply  his  ordinary  and  neceffary  Expences, 

*  without  the  Affiftance  of  his  People.     Two  Ar- 

*  mies  were  to  be  paid,  which  amounted  very  near 
4  to  8o,OOO/.  a  Month  ;  and  the  People  were  to  be 
4  tenderly  charged,  having  been  formerly  exhaufted 
4  with  many  burthenfome  Projects. 

4  The  Difficulties  feemed  to   be   infuperable  ; 

*  which,  by  the  Divine  Providence,  we  have  over- 
4  come  :  The  Contrarieties  incompatible  ;  which 
'  yet,  in  a  great  Meafure,  we  have  reconciled.  Six 

*  Subsidies  have  been  granted  ;  and  a  Bill  of  Poll- 

*  Money,  which,  if  it  be  duly  levied,  may  equal  Six 

*  Subfidies  more  ;  in  all  600,000  /.     Befides,  we 
'  have  contracted  a  Debt  to  the  Scots  of  22oV>OO/. 
1  and  yet  God  hath  fo  blefled  the  Endeavours  of 

*  this  Parliament,  that  the  Kindom  is  a  grea'i'Gain- 

*  er  by  all  thefe  Charges.  The  Ship-Money  is  abo- 

*  lifhed  ;  which  coft  the  Kingdom  above  200,000 /. 

*  a-year:  The  Coat  and  Conduct-Money,  and  other 
4  military  Charges,  are  taken  away;  which,  in  ma- 

*  ny  Counties,  amounted  to  little  lefs  than  the  Ship- 
4  Money :     The  Monopolies  are  all   fupprefs'd ; 

*  whereof  fome  few  did  prejudice  the  Subj eel:  above 

4  a  Million 


78      The  Parliamentary  HISTORY 

An.  17.  Can  l.<  a  Million  yearly ;  the  Soap,  100,000  /. 

4  300,000 /.  the  Leather  muft  needs  exceed  both  ; 

*  and  Salt  could  be  no  lefs  than  that ;  befules  the 

*  inferior  Monopolies,  which,  if  they  could  be  ex- 

*  aclly  computed,  would  make  up  a  great  Sum. 

4  That  which  is  more  beneficial  than  all  this,  is, 
4  That  theRoot  of  theie  Evils  is  taken  away ;  which 
4  was  the  arbitrary  Power  pretended  to  be  in  his 

*  Majefty,  of  taxing  the  Subjects,  or  charging  their 
«  Eftates',  without  Confent  of  Parliament;  which  is 

*  now  declared  to  be  againft  Law,  by  the  Judgment 
4  of  both  Houfes,  aiuTlikewife  by  an  Acl:  of  Par- 

*  1  lament. 

4  Another  Step  of  great  Advantage  is  this,  The 
4  living  Grievances,  the  evil  Counfellors  and  A&ors 
«  of  thefe  Mifchiefs,  have  been  fo  quelled  by  the 
4  Juftiqe  done  upon  the  Earl  of  Str afford;  the  Flight 

*  of  the  Lord  Finch  and  Secretary  tf^indebank  ;  the 
4  Accufation  and  Imprifonment  of  the  Archbifhop 
4  of  Canterbury  and  Judge  Berkeley  ;   and  the  Im- 

*  peachment  of  divers  other  Bifhops  and  Judges, 
4  that  it  is  like  not  only  to  be  an  Eafe  to  the  prefent 

*  Times,  but  a  Prefervation  to  the  future. 

'  The  Difcontinuance  of  Parliaments  is  prevent- 

*  ed  by  the  Bill  for  aTiiennial  Parliament;  and  the 
«  abrupt  Diflblution  of  this  Parliament  by  another 
«  Bill,  by  which  it  is  provided,  It  {hall  not  be  dif- 
4  folved  or  adjourned  without  the  Confent  of  both 

*  Houfes.     Thefe  two  Laws  well  confidered,  may 

*  be  thought  more  advantageous  than  all  the  former, 

*  becaufe  they  fecure  a  full  Operation  of  the  prefent 

*  Remedy,  and  afford  a  perpetual  Spring  of  Reme- 
4  Uwss  for  the  future. 

«  The  Star-Chamber,  the  High  Cornmiflion,  the 

*  Courts  of  Prefident  and  Council  in  the  North, 
4  which  were  fo  many  Forges  of  Mifery,Oppreffion, 

*  and  Violence,  are  all  taken  away;  whereby  Men 
4  are  more  fecured  in  their  Perfons,  Liberties,  and 

*  Eftates,  than  they  could  be  by  any  Law  or  Ex- 
4  ample  for  the  Regulation  of  thofe  Courts,  orTer- 

*  ror  of  the  Judges.     The  immoderate  Power  of 
'  the  Council-Table,    and  the  exceflive  Abufe  of 

'that 


Of    E  N  G  L  A  N  D.        79 

1  that  Power  is  fo  ordered  and  reftrained,   that  we  An.  17.  Car.  T. 
'  may  well  hope  no  fuch  Things  as  were  frequently        ify*- 

*  done  by  them,  to  the  Prejudice  of  the  Public  Li-  ^•——v'"'"  "^ 

*  berty,  will  appear  in  future  Times,  but  only  in     Decemb€r« 

*  Stories;  to  give  us,  and  our  Pofterity,  more  Oc- 
'  ca'iion  to  praife  God  for  his  Majefty's  Goodnefs, 

*  and  the  faithful  Endeavours  of  this  Parliament. 

*  The  Canons,  and  the  Power  of  Canon-making, 
'  are  blafted  by  the  Vote  of  both  Houfes :  The  ex- 

*  orbitant  Power  of  Bifhops,  and  their  Courts,  are 

*  much  abated  by  fomeProvifions  in  the  Bill  againft 
'  the  High  Commiflion-Court.     The  Authors  of 

*  the  many  Innovations  in  Doctrine  and  Ceremo- 

*  nies,  and  the  Minifters  that  have  been  fcanda- 
4  lous  in  their  Lives,  have  been  fo  terrified  by  juft 
4  Complaints  and  Accufations,  that  we  may  v/ell 
4  hope  they  will  be  more  modeft  for  the  Time  to 
4  come;  being  either  inwardly  convicted  by  the 

*  Sight  of  their  own  Folly,  or  outwardly  reftrained 
'  by  the  Fear  of  Puniftiment. 

4  The  Forefts  are,  by  a  good  Law,  reduced  to 

*  their  right  Bounds.     The  Encroachments  and 

*  Opprefiions  of  the  Stannary  Courts ;  the  Extor- 

*  tions  of  the  Clerk  of  the  Market;  and  the  Com- 

*  pulfion  of  the  Subject  to  receive  the  Order  of 

*  Knighthood  againft  his  Will,  paying  of  Fines  for 

*  not  receiving  it,  and  the  vexatious  Proceedings 
4  thereupon  for  levying  of  thofe  Fines,  are,  by  other 
4  beneficial  Laws,  reformed  and  prevented. 

4  Many  excellent  Laws  and  Provifions  are  in 
4  Preparation  for  removing  the  inordinate  Power, 
4  Vexation,  and  Ufurpation  of  Bifhops ;  for  re- 
4  forming  the  Pride  and  Idlenefs  of  many  of  the 
4  Clergy ;  for  eafmg  the  People  of  unneceflary  Ce- 

*  remonies  in  Religion ;  for  cenfuring  and  remo- 
4  ving  unworthy  and  unprofitable  Minifters ;  and 
4  for  maintaining  godly  and  diligent  Preachers  thro* 
4  the  Kingdom. 

*  Other  Things,  of  main  Importance  for  the 

*  Good  of  this  Kingdom,  are  in  Propofition,  (thoT 
4  little  could  hitherto  be  done,  in  regard  of  the 
4  many  other  preifingBufmcflesj  which  yet,  before 

*  the 


8o      The  Parliamentary  HISTORY 

An.  17.  Car.  I.*  the  End  of  this  Seffion,  we  hope  may  recede? 
fome  ^r°Sreft  and  Perfedlion)  as  the  eftablifhing' 
and  ordering  the  King's  Revenue,  that  fo  ther 

*  Abufe  of  Officers,  and  Superfluity  of  Expences 
4  may  be  eut  off;  and  the  necefiary  Difburfements 

*  for  his  Majefty's  Honour,  the  Defence  and  Go- 

*  vernment  of  the  Kingdom,  may  be  more  certainly 

*  provided  for;  the  regulating  of  Courts  of  JufHce, 

*  and  abridging  both  the  Delays  and  Charges  of 

*  Law-Suits ;  the  fettling  of  fome  good  Courfes 

*  for  preventing  the  Exportation  of  Gold  and  Sil- 

*  ver,  and  the  Inequality  of  Exchanges  betwixt  us 
'  and  other  Nations,  for  the  advancing  of  native 

*  Commodities,  Increafe  of  our  Manufactures,  and" 

*  well-balancing  of  Trade;  whereby  the  Stock  of 

*  the  Kingdom  may  be  increafed,  or,  at  leaft,  kept 

*  from  impairing,  as,  thro'  Neglect  hereof,  it  hath 
'  done  for  many  Years  laft  pair. ;  for  improving  the 

*  Herring  Fifhins;  upon  our  own  Coafts ;  which 
'  will  be  of  mighty  Ufe  in  the  Employment  of  the 
'  Poor,  and  a  plentiful  Nurfery  of  Mariners  for 

*  enabling  the  Kingdom  in  any  great  Action. 

4  The  Oppofitions,  Obflru6tions,  and  other  Dif^ 

*  faculties  wherewith  we  have  been  encountered, 

*  and  which  ftill  lie  in  our  Way  with  fome  Strength 

*  and  much  Obftinacy,  are  thefe  ;  The  malignant 

*  Party,  whom  we  have  formerly  defcribed  to  be 

*  the  Actors  and  Promoters  of  all  our  Mifery,  they 

*  have  taken  great  Heart  again;  and  have  been  able 

*  to  prefer  fome  of  their  own  Factors  and  Agents 

*  to  Degrees  of  Honour,  to  Places  of  Truft  and 

*  Employment,  even  during  the  Parliament:  They 
«  have  endeavoured  to  work  in  his  Majefty  ill  Im- 
'  preffions  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  prejudicial  to  the  Crown,  both  in  refpect  of 
'  Prerogative  and  Profit. 

*  To  wipe  out  the  firft  Part  of  this  Slander,  we 
«  think  good  only  to  fay  thus  much,  That  all  that 

*  we  have  done  is  for  his  Majefty,  his  Greatnefs, 

*  Honour,  and  Support.    When  we  yielded  to  give 

25,ooo/. 


Of    E  N  G  L  A  N  D.        8r 

*  25,000  /.  a  Month  for  the  Relief  of  the  Northern  An.  17.  Car.  I, 

*  Counties,  this,  was  given  to  the  Kino;;  for  he    ^\     ^  J 

*  was  bound  to  protect  his  Subjects.     They  were     December. 
'  his  Majefty's  evil  Counfellors,  and  their  ill  Inftru- 

'  ments,  that  were  Actors  in  thofe  Grievances' 
'  which  brought  in  the  Scots:  And  if  his  Majefty 
'  pleafe  to  force  thofe  who  were  the  Authors  of  this 

*  \Var  to  make  Satisfaction,  as  he  might  juftly  and 

*  eafily  do,  it  feems  very  reafonable  that  the  People 
'  ir.ight  well  be  excuied  from  taking  upon  them' 

*  this  Burden,  being  altogether  innocent,  and  free 
'  from  being  any  Caufes  of  it.     When  we  under- 

*  took  the  Charge  of  the  Army,  which  coft  above 

*  5O,OCO/.  a  Month,  was  not  this  given  to  the 
4  King  f  Was  it  not  his  Majefty's  Army  ?  Were 
4  not  all  the  Commanders  under  Contract  with  his 
'  Majefty,  at  higher  Rates  and  greater  Wages  than 
'  ordinary  ?   And  have  not  we  taken  upon  us  to  dif- 

*  charge  all  the  Brotherly  Afliftance  of  300,000  /. 
'  which  we  gave  the  Scots  ?  Was  it  not  towards 

*  Repair  of  thofe  Damages  and  Lofies  which  they 
'  received  from  the  King's  Ships,  and  from  his  Mi- 

*  nifters  ?  Thefe  three  Particulars  amount  to  above 
'  i,ioo,ooo/.     Befides,  his  Majefty  hath  recei- 

*  ved,  by  Impofitions  upon  Merchandize,  at  leaft 
'  400,000 /.  fo  that  his  Majefty  hath  had  out  of  the 

*  Subjects  Purfe,  fince  the  Parliament  began,  one 
'  Million  and  a  half;  and  yet  thefe  Men  can  be  fo 
'  impudent  as  to  tell  his  Majefty,  that  we  have  done 

*  nothing  for  him. 

*  As  to  the  fecond  Branch  of  this  Slander :  We 

*  acknowledge,  with  much  Thankfulnefs,  that  his 
'  Majefty  hath  pailed  more  good  Bills  to  the  Ad- 

*  vantage  of  the  Subjects,  than  have  been  in  many 

*  Ages  ;  but  withall  we  cannot  forget,  that  thefe 
'  venomous  Counfels  did  manifeft  themfelves,  in 

*  fome  Endeavours,   to  hinder  thefe  good  A6ls. 

*  And,  for  both  Houfes  of  Parliament,  wemay,  wi;h 

*  Truth  and  Modefty,  fay  thus  much,  That  we 

*  have  ever  been  careful  not  to  defire  any  thing  that 

*  fhould  weaken  the  Crown,  either  in  juft  Profit 

*  or  ufeful  Power. 

VOL.  X.  F  'The 


An.  17.  Car.  I. 
1641. 


December. 


82      The  Parliamentary  HISTORY 

<  The  Triennial  Parliament,  for  the  Matter  of 
4  it,  doth  not  extend  to  fo  much  as,  by  Law,  we 
1  ought  to  have  required  ;  there  being  two  Statutes, 
'  ftill  in  Force,  for  a  Parliament  to  be  once  a  Year ; 
<  and, -for  the  Manner  of  it,  it  is  in  the  King's 
«  Power  that  it  {hall  never  take  Effect,  if  he,  by  a 

*  rimely  Summons,  {hall  prevent  any  other  Way 

*  of  aflembling. 

'  In  the  Bill  for  Continuance  of  this  prefent  Par- 

*  liament,  there  feems  to  be  fome  Reftraint  of  the 
'  Royal  Power  in  diflolv  ing  of  Parliaments;  yet  not 

*  to  take  it  out  of  the  Crown,  but  to  fufpend  the  Ex- 

*  ecution  of  it  for  this  Time  and  Occafion  only  ; 
'  which  was  fo  neceflary  for  the  King's  own  Secu- 
'  rity  and  the  Public  Peace,  that,  without  it,  we 

*  could  not  have  undertaken  any  of  thefe  great 

*  Charges ;  but  muft  have  left  both  the  Armies  to 

*  Diibrder  and  Confufion,  and  the  whole  King- 
'  dom  to  Blood  and  Rapine. 

'  The  Star-Chamber  was  much  more  fruitful  in 

*  Oppreflion  than  in  Profit ;  the  great  Fines  being, 

*  for  the  moft  part,  given  away,  and  the  reft  ftated 

*  at  long  Times. 

*  The  Fines  of  the  High  Commiffion  were,  in 

*  themfelves,  unjuft,  and  feldom  or  never  came 
'  into  the  King's  Purfe. 

'  Thefe  four  Bills  are  particularly  and  more  fpc- 

*  cially  inftanced  ;  in  the  reft  there  will  not  be  found 
'  fo  much  as  a  Shadow  of  Prejudice  to  the  Crown. 

'  They  have   fought  to  diminifh.  our  Reputa- 

*  tion  with  the  People,  and  to  bring  them  out  of 

*  Love  with  Parliaments.     The  Afperfions  which 

*  they  have  attempted  this  Way  have  been  fuch  as 

*  thefe,   '  That  we  have  fpent  much  Time,    and 
"  done  little;  efpecially  in  thofe  Grievances  which 

concern  Religion  :  That  the  Parliament  is  a 
Burden  to  the  Kingdom,  by  the  Abundance  of 
Protections,  which  hinder  Juftice  and  Trade; 
and,  by  many  Subfidies  granted,  much  more 
heavy  than  any  they  formerly  endured.' 
*  To  which  there  is  a  ready  Anfwer :  If  the  Time 
fpent  in  this  Parliament  be  confidered  in  relation, 

«  back- 


Of    E  N  G  L  A  N  t>.       £3 

*  backward,  to  the  long  Growth  and  deep  Root  of  AH.  17.  Car.  I; 
'  thofe  Grievances,  which  we  have  removed  ;  to        1641. 

'  the  powerful  Supports  of  thofe  Delinquents,  which    *— — "v*—— ' 
«  we  have  purfued  ;  to  the  great  Neceffities  arid     Decembe>- 
'  other  Charges  of  the  Commonwealth,  for  which 
'  we  have  provided  :  Or  if  it  be  confidered  in  rela- 

*  tion,  forward,  to  many  Advantages,  which  not 
'  only  the  prefent,  but  future  Ages  are  like  to  reap 
'  by  the  £ood  Laws  and  other  Proceedings  in  this 

*  Parliament,  we  doubt  not  but  it  will  be  thought, 

*  by  all  indifferent  Judgments,  that  our  Time  hath 
'  been  much  better  employed  than  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  other  Inconveni-      ! 
'  ences  which  they  have  borne,  will  feem  very 
'  light,  in  refpedr.  of  the  Benefit  they  have  had,  and 

*  may  receive.  And  for  the  Matter  of  Protections'; 

*  the  Parliament  is  fo  fenfible  of  it,  that  therein  they 
'  intend  to  give  them  whatfoever  Eafe  may  ftarid 

*  with  Honour  and  Juftice  ;  and  are  in  a  Way  of 

*  pafling  a  Bill  to  give  them  Satisfaction. 

'  They  have  fought,  by  many  fubtle  Practices, 

*  to  caufe  Jealoufies  and  Divifions  betxvixt  us  and: 

*  our  Brethren  of  Scotland;  by  flandering  their  Pro- 
'  ceedings  and  Intentions  towards  us  ;   and,  by  fe- 

*  cret  Endeavours,  to  inftigate  and  incenfethem  and 

*  us  one  againft  another.     They  have  had  fuch  a 

*  Party  of  Bifhops  and  Popifh  Lords  in  the  Houfeof 

*  Peers,  as  hath  caufed  much  Oppofition  and  De- 

*  lay  in  the  Profecution  of  Delinquents  •,  and  hin- 
'  dred  the  Proceedings  of  divers  good  Bills,  parted 
'  in  the  Commons  Houfe,  concerning  the  Refor- 

*  mation  of  fundry  great  Abufes  and  Corruptions 
'  both  in  Church  and  State.  They  have  laboured  to 

*  feduce  and  corrupt  fome  of  the  Commons  Houfe, 
c  to  draw  them  into  Confpiracies  and  Combinations 

*  againft  the  Liberty  of  the  Parliament ;  and,  by 
'  their  Inftruments  and  Agents,  they  have  attempted 
'  todifaffe&anddifcontenthis  Majefty'sArmy,  and 

*  to  engage  it  for  the  Maintenance  of  their  wicked 
'  and  traiterousDefigns;  the  keeping  up  of  Bifhops 

F  2  *  in- 


84        The  Parliamentary  HISTORY 

An.  17.  Car.  I.'  in  Votes  and  Functions;  and,  by  Force,  to  com- 

1641.        «  j^i  tne  Parliament,  to  order,  limit,  and  difpofe 

*^~yr*J   *  their  Proceedings  in  fuch  Manner  as  might  beft 

'  concur  with  the  Intentions  of  this  dangerous  and 

'  potent  Faction.      And   when  one    milchievous 

'  Defign  and  Attempt  of  theirs,  to  bring  up  the 

'  Army  againft  the  Parliament  and  the   City  of 

'  London,  had  been  discovered  and  prevented,  they 

*  prefently  undertook  another  of  the  fame  damn- 
'  able  Nature  ;  with  this  Addition  to  it,  toendea- 
'  vour  to  make  the  Scots  Army  neutral,  whilft  the 

*  EngUfo  Army  (which  they  had  laboured  to  cor- 

*  rupt  and  invenome  againft  us,  by  their  falfe  and 
'  flanderous  Suggeftions)  fhould  execute  their  Ma- 

*  lice,  to  the  Subverfion  of  our  Religion,  and  the 

*  DHIblution  of  the  Government. 

*  Thus  they  have  been  continually  practifing  to 
'  difturb  the  Peace,  and  plotting  the  Dcftruction, 
4  even  of  all  the  King's  Dominions  ;  and  have  em- 
4  ployed  their  Emiilarics  and  Agents,  in  them  all, 

*  for  the  promoting  of  their  deviiiftiDefigns ;  which 

*  the  Vigilancy  of  thofe  who  were  well  affected 
'  hath  fill  1  dffcove red  and  defeated,  before  they  were 

*  ripe  for  Execution  in  England  and  Scotland  ;  only 
'  in  Ireland^  which  was  farther  ofF,  they  have  had 
'  Time  and  Opportunity  to  mould  and  prepare  their 
'  Work,  and  had  brought  it  to  that  Perfection,  that 
'  they  had  pod'eftcd  thcmfelvcs  of  that  whole  King- 

*  dom;  totally  fubverted  the  Government  of  it, 

*  rooted  out  Religion,  and  deflroyed  all  the  Pro- 
'  teftants,    whom  the  Confcicnce  of  their  Duty  to 
'  God,  their  King  and  Country,  would  not  permit 

*  to  join  with  them  ;  if,  by  God's  wonderful  Pro- 
'  vidence,  their  main  Entcrprize  upon  the  City  and 

*  Caftle  of  Dublin  had  not  been  detected  and  pre- 

*  vented,  upon  the  very  Eve  before  it  Ihould  have 

*  been  executed  :  Notwithftanding,  they  have,  in 

*  other  Parts  of  that  Kingdom,  broken  out  into 

*  open  Rebellion  ;  furprizing  Towns  and  Caftles  ; 
'  committing  Murders,  Rapes,  and  other  Villaniesj 
'  and  fhaken  off  all  Bonds  of  Obedience  to  his  Ma- 

'jefty, 


Of    ENGLAND.        85 

*  jefty,  and  the  Laws  of  the  Realm;  and,  in  ge-An.  17.  Car.  I. 
'  neral,  have  kindled  fuch  a  Fire,  as  nothing  but        l64'- 

'  God's  infinite  fileifing  upon  the  Wifdom  and  En-    V^7/T>J 

*  deavours  of  this  State,  will  be  able  to  quench.        ECCmbcr« 
'  And  certainly,  had  not  God,  in  his  great  Mercy 

'  unto  this  Land,  difcovered  and  confounded  their 
'  former  Defigns,  we  had  been  the  Prologue  to  this 
'  Tragedy  in  Ireland;  and  had,  by  this  Time,  been 

*  made  the  lamentable  Spectacle  of  Mifery  and 
'  Confufion. 

*  And  now,  what  Hope  have  we  but  in  God  ; 
'  when  the  only  Means  of  our  Subfiftance,  and 
'  Power  of  Reformation,  is,  under  him,  in  the  Par- 
'  liament  ?  But  what  can  we  the  Commons  do, 

*  without  the  Conjunction  of  the  Houfe  of  Lords  ? 
'  And  what  Conjunction  can  we  expect  there  ? 
'  where  the  Bifhops  ajid  Recufant  Lords  are  fo  nu- 
'  merous  and  prevalent,  that  they  are  able  to  crofe 
'  and  interrupt  our  beft  Endeavours  for  Reforma- 
'  tion ;    and,  by  that  Means,  give  Advantage  to 

*  this  malignant  Party  to  traduce  our  Proceedings  ? 

*  They  infufe  into  the  People,  '  That  we  mean  to 
"  abolifh  all  Church-Government,  and  leave  every 
*'  Man  to  his  own  Fancy  for  the  Service  and  Wor- 
"  fhip  of  God  ;   abfolving  him  of  that  Obedience 
"  which  he  owes,  under  God,  unto  his  ^lajeftyj' 
'  whom  we  know  to  be  intrufted  with  the  Eccle- 

*  fiaftical  Law  as  well  as  with  the  Temporal,  to  re- 

*  gulate  all  the  Members  of  the  Church  of  England 

*  by  fuch  Rules  of  Order  and  Difcipline  as  are  efta- 
'  blifhed  by  Parliament,  which  is  his  great  Council 
'  in  all  Affairs  both  in  Church  and  State. 

*  We  confefs  our  Intention  is,  and  our  Endea- 
f  vours  have  been,  to  reduce  within  Bounds  that 

*  exorbitant  Power  which  the  Prelates  have  aflum'd 
'  unto  themfelves,  fo  contrary  both  to  the  Word 

*  of  God,  and  to  the  Laws  of  the  Land ;  to  which 

*  End  we  pafled  the  Bill  for  the  removing  them 
'  from  their  Temporal  Power  and  Employments, 

*  that  fo  the  better  they  might,  with  Meeknefs, 

*  apply  themfelves  to  the  Difchargq  of  their  Func- 

F  3  '  tions: 


86      The  Parliamentary  HISTORY 

An.  17.  Car.  i.<  tions ;  which  Bill  themfelves  oppofed,  and  wera 

1641.        t  tne  principal  Instruments  of  croffing  it. 
*-" -v— — '        <  And  we  do  here  declare,  That  it  is  far  from  our 
lberj     «  Purpofe  or  Defire  to  let  loofe  the  golden  Reins  of 

*  Difcipline  and  Government  in  the  Church  ;  to 

*  leave  private  Perfons,  or  particular  Congregations, 

*  to  take  up  what  Form  of  Divine  Service  they 
'  pleafe;  for  we  hold  it  requifite,  that  there  fhould 

*  be,  throughout  the  whole  Realm,  a  Conformity 
'  to  that  Order  which  the  Laws  injoin,  according 

*  to  the  Word  of  God :  And  we  defire  to  unburden 
'  the  Confciences  of  Men  of  needlefs  and  fuperfti- 
f  tipus  Ceremonies,  fupprefs  Innovations,  and  take 

*  away  the  Monuments  of  Idolatry.    And,  the  bet- 

*  ter  to  effect  the  intended  Reformation,  we  defire 
'  there  may  be  a  general  Synod  of  the  moft  grave, 

*  pious,   learned,   and  judicious  Divines   of  this 
'  Jfland,  aflifted  with  fome  from  foreign  Parts,  pro- 

*  fefling  the  fame  Religion  with  us,  who  may  confi- 
?  der  of  all  Things  neceffary  for  the  Peace  and  good 

*  Government  of  the  Church  ;  and  reprefent  the 
'  Refults  of  their  Confultations  unto  the  Parlia- 
'  ment,  to  be  there  allowed  of  and  confirmed,  and 
'  receive  the  Stamp  of  Authority,  thereby  to  find 
.'  Paflage  and  Obedience  throughout  the  Kingdom. 

'  They  have  malicioufly  charged  us,  '  That  we 
"  intend    to'  deftroy  and    difcourage   Learning  \ 

*  whereas  it  is  our  chiefeft  Care  and  Defire  to 

*  advance  it,  and  to  provide  a  competent  Mainte- 

*  napce  for  confcionable  and  preaching  Minifters 
f  throughout  the  Kingdom;  which  will  be  a  great 
'  Encouragement  to  Scholars,  and  a  certain  Means 
5  whereby  the  Want,  Meannefs,  and  Ignorance  to 
'  which  a  great  Part  of  the  Clergy  is  now  fubjecT:, 

*  will  be  prevented.     And  we  intend  likewife  to 
'  reform  and  purge  the  Fountains  of  Learning,  the 
'  two  Univerfities,  that  the  Streams  flowing  from 
'  thence  may  be  clear  and  pure,  and  an  Honour  and 
'  Comfort  to  the  whole  Land. 

They  have  drained  to  blaft  our  Proceedings  in 
'  Parliament,  by  wrefting  the  Interpretations  of  our 
«  Orders  from  their  genuine  Intention.  They 

«  tell 


Of    E  N  G  L  A  N  D.         87 

*  tell  the  People,  *  That  our  meddling  with  theAn.  17.  Car.  I. 
"Power  of  Epifcopacy,  hath  cauied  Sectaries  and 

"  Conventicles;'  when  Idolatry  and  Popilh  Cere- 

*  monies,  introduced  into  the  Church  by  the  Com- 

*  mand  of  the  Bilhops,  have  not  only  debarred  the 
1  People  from  thence,  but  expelled  them  from  the 

*  Kingdom.     Thus,  with  Elijah^  we  are  called  by 
'  this  malignant  Party,  TheTroublers  of  the  State : 
'  And  ftill,  while  we  endeavour  to  reform  their 

*  Abufes,  they  make  us  the  Authors  of  thofe  Mif- 

*  chiefs  we  ftudy  to  prevent. 

*  For  the  perfecting  of  the  Work  begun,  and  re- 
'  moving  all  future  Impediments,  we  conceive 
'  thefe  Courfes  will  be  very  effectual,  feeing  the 
'  Religion  of  the  Papifts  hath  fuch  Principles  as  do 
'  certainly  tend  to  the  Deftruction  and  Extirpation 

*  of  all  Proteftants,  when  they  fhall  have  Oppor- 

*  tunity  to  effect  it. 

'  In  theyfr/?  Place,  it  is  neceffary,  to  keep  them 
'  in  fuch  Condition,  as  that  they  may  not  be  able 
'  to  do  us  any  Hurt :  And,  for  avoiding  of  fuch 
'  Connivance  and  Favour,  as  hath  heretofore  been 

*  (hewed  unto  them,  that  his  Majefty  be  pleafed  to 
'  grant  a  {landing  Commiflion  to  fome  choice  Men, 
'  named  in  Parliament,  who  may  take  Notice  of 
'  their  Increafe,  thtir  Counfels,  and  Proceedings  ; 
'  and  ufe  all  due  Means,  by  Execution  of  the  Laws, 
'  to  prevent  any  mifchievous  Defigns  againft  the 
'  Peace  and  Safety  of  this  Kingdom. 

idly^  '  That  fome  good  Courfe  be  taken  to  dif- 
'  cover  the  counterfeit  and  falfe  Conformity  of  Pa- 

*  pifts  to  the  Church;  by  Colour  whereof  Perfons, 

*  very  much  difaffe6tcd  to  the  true  Religion,  have 
'  been  admitted  into  Places  of  greateft  Authority 
'  and  Truft  in  the  Kingdom. 

3^/y,    *  For  the  better  Prefervation  of  the  Laws 

*  and  Liberties  of  the  Kingdom,  that  all  illegal 
'  Grievances  and  Exactions  be  prefented  and  pu- 
'  nifhed  at  the  Seflions  and  Aflizes ;  and  that  Judges 

*  and  Juftices  be  careful  to.  give  this  in  Charge  to 

*  the  Grand- Jury ;  and  both  the  Sheriffs  and  Ju- 

fticc* 


88      The  Parliamentary  HISTORY 

c  ftices  to  be  fworn  to  the  due  Execution  of  the 

*  Petition-of- Right,  and  other  Laws. 

qthly,  '  That  his  Majefty  be  humbly  petitioned, 
4  by  bothHoufes,  to  employ  fuch  Counfellors,  Am- 
«  bafladors,  and  other  Minifters,  in  managing  his 
'  Bufmefs  at  home  and  abroad,  as  the  Parliament 

*  may  have  Caufe  to  confide  in  ;  without  which 

*  we  cannot  give  his  Majefty  fuch  Supplies  for  Sup- 

*  port  of  his  own  Eftate,  nor  fuch  Afliitance  to  the 
4  Proteftant  Party  beyond  the  Sea,  as  is  defired. 

*  It  may  often  fall  out  that  the  Commons  may 
4  have  juft  Caufe  to  take  Exceptions  at  fome  Men 
4  for  being  Counfellors,  and  yet  not  charge  thofe 
4  Men  with  Crimes ;  for  there  be  Grounds  of  Dif- 
4  fidence  which  lye  not  in  Proof;  there  are  ethers 

*  which,  tho'  they  may  be  proved,  yet  are  not  le- 

*  gaily  criminal.     To  be  a  known  Favourer  of 
4  Papifts  ;  or  to  have  been  very  forward  in  defend- 

*  ing  or  countenancing  fome  great  Offenders,  que- 

*  ftioned  in  Parliament ;  or  to  fpeak  contemptuoufly 
'  of  either  Houfe  of  Parliament  or  Parliamentary 
4  Proceedings ;  or  fuch  as  are  Factors  or  Agents  for 

*  any  foreign  Prince  of  another  Religion ;  fuch  as  are 
4  juftly  fufpefted  to  get  Counfellors  Places,  or  any 
'  other  of  Truft  concerning  public  Employment 

*  for  Money.     For  all  thefe,  and  divers  others,  we 
4  may  have  great  Reafon  to  be  earneft  with  his  Ma- 
4  jeity  not  to  put  his  great  Affairs  into  fuch  Hands, 
4  tho'  we  may  be  unwilling  to  proceed  againft  them 
4  in  any  legal  Way  of  Charge  or  Impeachment. 

5  ?£/}',  '  That  all  Counfellors  of  State  may  be 
'  fworn  to  obferve  the  Laws  which  concern  the 
4  Subject  in  his  Liberty  ;  that  they  may  likewife 
4  take  an  Oath  not  to  receive,  or  give,  Reward  or 
4  Penfion  to,  or  from,  any  foreign  Prince,  but  i'uch 
4  as  they,  within  fomereafonable  Time,difcoverto 

*  the  Lords  of  his  Majefty's  Council ;  and  altho* 
4  theyfhould  wickedly  forlwear  themfelves,  yet  it 
4  may  herein  do  good,  to  make  them  known  to  be 
4  falfe  and  perjured  to  thofe  who  employ  them, 

*  and  thereby  bring  them  into  as  little  Credit  with 
4  them  as  with  us : 

4  That 


Of   E  N  G  L  A  N  D.       89 

'  That  his  Majefty  may  have  Caufe  to  be  in  love  An.  17.  Car.  f. 
1  with  good  Counfel  and  good  Men,  by  (hewing        I 

*  him,  in  an  humble  and  dutiful  Manner,  how  full 
'  of  Advantage  it  would  be  to  himfclf,  to  fee  his 
'  own  Eftate  fettled  in  a  plentiful  Condition  to  fup- 
'  port  his  Honour  j  to  fee  his  People  united  in  Ways 
'  of  Duty  to  him,  and  Endeavours  for  the  Public 
'  Good  j  to  fee  Happinefs,  Wealth,  Peace,  and 
4  Safety  derived  to  his  own  Kingdom,  and  procured 
'  to  his  Allies,  by  the  Influence  of  his  own  Power 
4  and  Government : 

*  That  all  good  Courfes  may  be  taken  to  unite 
'  the  two  Kingdoms  of  England  and  Scotland,  to 
'  be  mutually  aiding  and  affifting  one  another,  for 

*  the  common  Good  of  the  Ifland,  and  Honour  of 
«  both  : 

*  To  take  away  all  Differences  among  ourfelves 

*  for  Matters  indifferent  in  their  own  Nature  con- 

*  cerning  Religion,  and  to  unite  ourfelves  againft 

*  the  common  Enemies  ;  which  are  the  better  ena- 
'  bled,  by  our  Divifions,  to  deftroy  us,  as  they 

*  hope  and  have  often  endeavoured  : 

'  To  labour,  by  all  Offices  of  Friendship,  to  unite 
'  the  foreign  Churches  with  us  in  the  fame  Caufe  ; 
'  and  to  feek  their  Liberty,  Safety,  and  Profperity, 
c  as  bound  thereunto,  both  by  Charity  to  them,  and 

*  by  Wifdom  for  our  own  Good  ;  for,   by  this 

*  Means,  our  Strength  (hall  be  increafed,  and,  by  a 
6  mutual  Concurrence  to  the  fame  common  End, 
£  we  fhall  be  enabled  to  procure  the  Good  of  the 

*  whole  Body  of  the  Proteftant  Profeflion. 

c  If  thefe  Things  may  be  obferved,  we  doubt 

*  not  but  God  will  crown  this  Parliament  with  fuch 

*  Succefs,  as  fhall  be  the  Beginning  and  Founda- 
'  tion  of  more  Honour  and  Happinefs  to  his  Ma- 

*  jefty,  than  ever  was  yet  enjoyed  by  any  of  his 
«  Royal  Predeceflbrs.' 

December  2.  This  Day  the  King  came  to  the 
Houfe  of  Lords ;  and,  fending  for  the  Commons, 
the  Speaker,  with  the  whole  Houfe,  came  up  with 

'the 


90       The  Parliamentary  HISTORY 

An.  17.  Car.  I.  the  Bill  of  Tonnage  and  Poundage  ;  when  he  deli- 
vered himfelf  to  the  King  in  this  formal  Speech  c : 

Mojl  Dread  Sovereign, 

The  Speaker's    *  T  I'^H  E  Obfervation,    taken  from  the  unlike 

Speech  at  ore-    t  Compofitions  and  various  Motions  of  the 

cSu'ance  of''  World,  made  the  Philosophers  conclude  that  Tata 

Tcr.n^e  and      *  hujus   Mundi  Concordla    ex  Difcordibus  conjlat* 

Poundage.         <  Thz  happy  Conjuction  of  both  thefe  Nations,  in 

'  the  Triumph  and  Joy  of  your  facred  Prefence, 

'  extracted  from  the  different  Difpofitions  and  Opi- 

*  nions,  give  us  Caufe  toobferve  and  admire  thefe 
'  blefled  Effects  from  fuch  contrary  Caufes  :    We 
'  may,  without  Flattery,  commend  your  facred 
'  Majefty  as  the  glorious  Inftrument  of  this  happy 
'  Change,  whofe  Piety  and  Prudence,  directed  by 
4  the  Hand  of  God,  hath  contracted  this  Union 
4  from  thofe  various  Difcords. 

4  The  Story  of  thefe  Times  will  feem  Paradoxes 
'  in  following  Generation?,  when  they  {hall  hear 
'  of  Peace  fprung  from  the  Root  of  Diffention  ;  of 

*  Union  planted  upon  the  Stock  of  Divifions  ;  two 
'  Armies  in  the  Field  both  ready  to  ftrike  the  firft 
'  Blow,  and  both  united  without  a  Stroke.  Nothing 
'  can  reduce  thefe  Truths  into  a  Belief,  but  the 

*  Knowledge  of  your  Piety  and  Juftice,  who  have 

*  accomplished  thefe  Acts  of  Wonder,  by  Good- 

*  nefs  and  Gentlenefs,  without  Force  or  Violence. 

'  This  Way  of  Conqueft,  this  Bellum  incruen- 
'  turn,  hath  been  the  Rule  of  the  moft  valiant  and 

*  puiflant  Monarchs  ;  advancing  their  Glory  in  the 
'  Safeguard  of  one  Subject,  more  than  in  the  Death 
'  of  a  thoufand  Enemies:  And  thus  have  you  ere<5t- 

*  ed  a  Monument  of  Glory  to  your  facred  Memo- 

*  ry  for  all  Generations. 

*  And  as  your  Care  and  Piety  for  the  Welfare  of 
'  yourNorthern  Kingdom,  called  you  to  that  Work, 

*  for  the  great  Comfort  of  your  People,  which  your 

*  Wifdom  hath  fo  happily  confummated :  So,  now, 

4  the 

«  From  the  original  Edition,  printed  by  Joffpb  Eatfat* 


Of   E  N  G  L  A  N  D.         91 

6  the  Diftemper  of  your  other  Kingdom,  fomented  An.  17.  Car.  I. 

*  by  the  fame  Spirit,  whofe  Prefence  admits  no 

*  Peace  in  Ifrael^  calls  on  your  Providence  to  heal 
«  the  Difeafes  of  that  Nation. 

'  The  one  from  whence  you  returned,  hath, 
'  with  Abd,  tho'  the  younger  Brother,  offered  an 

*  acceptable  Sacrifice ;  the  other,  with  <?<?/»,  hath 
'  erected  Altars  for  Blood  and  Revenge  (the  old  Im- 

*  molations  of  the  Levitical  Priefthood)  which  in- 

*  vokes  the  Neceflity  of  your  Juftice  :  The  one,  to 

*  a  natural  hath  added  a  politic  Brotherhood;  the 
'  other,  of  Brothers,  I  am  forry  to  fay  it,  are  be- 

*  come  Strangers  :  The  Fidelity  of  the  one  hath 

*  written  a  Story  of  Admiration  to  the  World;  the 
'  Difloyalty  of  the  other  hath  parallel'd  that  horrid 
c  Defign,  matchlefs  before  amongft  all  Genera- 

*  tions  ;   I/?,  In  their  Intentions,  the  Deftruclion 
'  of  a  Kingdom,  even  when  Unity  and  Peace  were 
'  tying  the  Knot  of  Religion  and  Safety.  2<//y,  In 

*  the  Difcovery,  a  Moment  of  Time  prevented  the 
'  Execution.  3^/y,  IntheA&ors,  JefuitsandPriefts, 
f  without  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  the  many  Joys  we  receive  by 

*  your  happy  Return,  is  not  the  leaft,  That  the  fame 
f  Providence  which  protected  that  gracious  King, 

*  your  moft  religious  Father,  from  their  bloody  At- 
'  tempts,  and  increafed  the  Blefling  of  a  long  and 

*  happy  Reign,   hath   alfo  defended  your  facred 
f  Throne  from  all  their  Machinations. 

'  Thus  we  fee  Religion  is  the  greateft  Policy,  the 

*  never- failing  Support  of  King  and  Kingdom; 

*  that  which  firms  you  and  your  Pofterity  to  your 

*  Throne,  and  our  Duty  and  Obedience  to  it. 

*  Give  me  Leave  here,  Moft  Gracious  Sovereign, 

*  to  fum  up  the  Senfe  of  eleven  Months  Obferva- 
'  tion,  without  Intermiffion  fcarce  of  a  Day,  nay 

*  an  Hour  in  that  Day,  to  the  Hazard  of  Life  and 
'  Fortune  ;  and  to  reduce  all  into  this  Conclufion, 
'  That  the  Endeavours  of  your  Commons  aflembled, 
'  guided  by  your  pious  and  religious  Example,  is  to 


1641 


92      The  Parliamentary  HISTORY 

An.  17.  Car.  I.  *  preferve  Religion  in  its  Purity,  without  Mixture 
c  or  Compofition,  againft  thefe  fubtle  Invaders  ; 
4  and,  with  our  Lives  and  Fortunes,  to  eftablifh 
'  this  Throne  to  your  facred  Perfon,  and  thofe 
'  Beams  of  Majefty,  your  Royal  Progeny,  againft 

*  all  Treafon  and  Rebellion.  ' 

'  The  Ways  that  conduce  to  this  End,  are  the 
'  Defence  of  the  Land  and  Sea  ;  for  the  one  we 
'  have  already  voted  to  raife  Money ;  for  the 

*  other,  this  Bill,  in  fome  Meafure,   will  accom- 
'  pliih  for  a  little  Time  ;  and,  to  that  End,  I,  by 

*  the  Command  of  the  Commons,  humbly  befeech 
(  your  Royal  Afient.' 


\Yhen  the  Speaker  had  ended,  and  the  Royal 
'  Aflent  given  to  the  Bill,  the  King  himfelf  fpoke 
*  as  follows  d  : 

My  Lords  and  Gentlemen, 

T  Think  it  fit,  after  fo  long  Mfence,  at  this  firft 
f  <*»>•.  <°  Jf  f«  f<™W°r<lS  ,,,,,,  },,u:  But 
lf  ls  no  ways  in  Anfwer  to  Mr.  Speaker  s  learned 
Speech. 

Albeit  I  have  flayed  longer  than  I  expefled  to  have 
done  when  I  went  away  j  yet  in  this  I  have  kept  my 
Promife  with  you,  that  1  have  made  all  the  Hajle 
back  again^  that  the  Settling  of  my  Scots  Affairs  could 
any  ways  permit  :  In  which  I  have  had  jo  good  Suc- 
cejs,  that  I  will  confidently  affirm  to  you,  that  I  have 
left  that  Nation  a  mojl  peaceable  and  contented 
People  ;  fo  that  although  I  have  a  little  mif-reckoned 
in  Time^  yet  1  ivas  not  deceived  in  my  End. 

But  if  I  have  de^  eivedyour  Expectations  a  little  9 
in  the  Time  of  my  Return  ;  yet  1  am  aJJ'urcd^  that 
my  Expectation  is  as  much  and  more  deceived  ',  in  the 
Condition  wherein  I  hoped  to  have  found  Bufineffes 
at  my  Return:  For  ',  fence  that^  before  my  going^  I  fet- 
tled the  Liberties  of  my  Subj  eel  s^  and  gave  the  Laws 
afreeandorucrly  Courfe,  I  expected  to  have  found  my 
People  reaping  the  Fruits  of  thefe  Benefit  st  by  living 


The  King's 


Return  from 
Scotland, 


d  Printed  by  Roitrt  Bar^r,  Printer  to  the  King's  Moft  Excel- 
lent Majefty,  and  by  the  Aifigns  of  John  Bill,  1641. 


Of    E  N  G  L  A  N  D,        93 

in  ghtietnefs  f.nd  Satisfaction  of  Mind :  But  injtead  A 
of  this,  I  find  them  difturbedwithjcalcufies,  Frights, 
and  Alarms  of  dangerous  Dejigns  and  Plots  ;  in  Con-  ' —  VT  ^ 
fequence  of  which  Guards  have  been  fet  to  defend 
both  Houjes.  I  fay  not  this,  as  in  Doubt  that  my 
Subjects  Ajfeflions  are  any  way  lejjened  to  me  in  this 
Time  of  rny  Abfence  ;  (for  I  cannot  but  remember^ 
to  my  great  Comfort,  the  joyful  Reception  I  had  now 
at  my  Entry  into  London)  but  rather,  as  I  hopey 
that  my  Prefence  will  eafily  difperfe  thefe  Fears  ;  for 
I  bring  as  per  feel  and  true  AjfeElions  to  my  People  as 
ever  Prince  did,  or  as  good  Subjects  can  pojfibly  defire ; 
and  I  am  fo  far  from  repenting  me  of  any  Atl  I  have 
done  this  Sejjicn  for  the  Good  of  my  People,  that  I 
protcjl,  if  it  were  to  do  again,  I  would  do  it ;  and 
will  yet  grant  what  elfe  can  be  jujlly  dcfired  for  Sa- 
tisfaffion  in  Point  of  Liberties,  or  in  Maintenance 
of  the  true  Religion  that  is  here  cjlablijhed. 

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,  methinks,  the  Prepara- 
tions for  it  go  butJJowly  en.  The  Occafion  is  the  fitter 
for  me  now  to  mention  it,  becaufe  of  the  Arrival  of 
two  Lords  from  Scotland,  who  come  inftrutted  from 
my  Council  there,  (who  now,  by  AcJ  of  Parliament , 
hath  ftili  Power  for  that  Purpoje)  to  anfwer  that  De- 
mand, which  it  pleafed  both  Houfes  to  make  me,  by 
way  of  Petition,  that  met  me  at  Berwick;  and 
whiih  the  Duke  of  Richmond  fent  back,  by  my  Com- 
mand, to  my  Scots  Council.  Therefore  my  Dejire  is9 
That  both  Houses  would  appoint  a  f elect  Committee^ 
to  end  this  Bujinefs  with  thefe  Noblemen. 

Imufl  conclude  in  telling  you,  that  Ifeek  my  People's 
Happinefs  ;  for  their  Flourijhing  is  my  greatejl  Glo- 
ry, and  their  Affeftions  my  greatejl  Strength. 

December  3.  According  to  the  Tenor  of  his  Ma- 
jefty's  Speech,  in  regard  to  feme  Lords  coming  as 
Commiiikmers  out  of  Scotland,  about  the  Irijh  Rebel- 
lion, both  Houfes  thought  proper  to  nominate  fome 
of  their  Body,  to  treat  with  them  on  that  Bufinefs. 
The  Earl. of  Bedford,  and  the  Earl  of  Leicefter, 

Lord 


94       The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Lord  -Lieutenant  of  Ireland,  with  the  Lord  Howard 
of"  Efcrick,  were  appointed  by  the    Lords  ;    and 
^^£^7     Mr.  Nathaniel Ficnne$,  Sir  William  Armyn,  Sir  Phi- 
In  Confe  u-nce  ^/*  Stapy/ton^  and  Mr.  Hampden,  by  the  Commons, 
whereof  they  ap- to  treat  with  the  Scots  Commiffioners,  according  to 
point  a  Commit- the  King's  Directions.     The  Commons,,  alfo,  or- 
IhVLT'  vvithdered  the  King's  Speech  to  be  entered  in  their  Jour- 
nals ;  a  Thing  not  ufual  in  former  Seflions. 
Tin  Lords  re-         The  Caufe  of  the  thirteen  impeached  Bifhopfr 
fume  the  Caufe  was  t^  js  j)ay  refumed  by  the  Lords,  when  the  Coun- 
imJeaVhed  Bi-    fel  for  them  was  demanded  to  ftiew  Caufe,  Why 
ihops.  the  Defire  of  the  Houfe  of  Commons,  lately  made, 

fhould  not  be  granted  ;  which  was,  That  a  fhort 
Day  might  be  fixed  for  them  to  make  Proof  of 
their  Charge,  notwithftancaing  the  Plea  and  De- 
murrer of  the  Bifhops.  Their  Counfel  anfwered, 
That  this  Caufe  would  not  be  fit  for  a  Hearing, 
untill  the  Bifhops  put  in  their  Anfwers  ;  for  there 
can  be  no  IlTue  joined  till  then.  And  they  conceive 
no  Anfwer  can  be  made  untill  the  Charge  is  parti- 
cular ;  therefore  the  Bifliops  abide  by  their  Plea 
and  Demurrer. 

The  Lords  ordered  Tucfday^  the  7th  Inftant,  to 
hear  what  the  Counfel  could  fay  in  maintaining  the 
Plea  and  Demurrer  to  the  Impeachment;  at  which 
Time  and  Place  the  Houfe  of  Commons,  or  fuch 
of  their  Members  as  they  fhould  appoint,  might  be 
prefent  if  they  pleafed.  And,  as  there  was  nothing 
material  done  in  either  Houfe,  we  fhall  pafs  on  to 

December  7.  When  a  Report  was  made  to  the 
Lords,  by  the  Archbifhop  of  York  %  of  a  Confe- 
rence had  with  the  Commons  the  Day  before,  con- 
cerning 

c  Dr.  Join  Williams,  tranflatcd  from  the  Biftioprick  of  Lincoln 
to  this  Sec,  the  4th  of  this  Month,  on  the  Death  of  Archbifhop 
fftile. 

Lord  Clarendon  accounts  for  this  Prelate's  Promotion  (who  was 
for  fome  Years  in  the  Tower,  by  a  Sentence  of  the  Star-Chamber, 
before  this  Parliament  met  ;  and  had  been,  fince,  in  great  Efteem 
with  the  Commons  on  account  of  his  Behaviour  in  the  Cafe  of  the 
Archbifhop  of  Canterbury  and  Lord  Straford)  by  faying,  «  That,  a? 
the  Time  then  was,  it  could  not  qualify  him  to  do  more  Harm,  and 
might,  poflibly  difpofe  and  oblige  him  to  do  fome  Good.' 

Ili/hry  eftbt.RAMm,  Vol.  1.  Svo.  Edit.  p.  350. 


Of    ENGLAND.       95 

cerning  the  Profecution  againft  the  Bifhops,  to  this  An- 


6  He  firft  repeated  all  the  Proceedings  in  this 
Caufe,  from  the  firft  Impeachment,  the  4th  of 
Augujl  laft,  to  that  Time  j  wherein  the  Houfe  of 
Commons  obferved  much  Dilatorinefs  had  been 
ufed  by  the  Bifhops,  and  that  fo  long  Time  given, 
in  Caufes  of  this  Nature,  produced  great  Incon- 
veniences ;  and  that  this  kind  of  Proceeding  was  not 
precedented  in  former  Parliaments  ;  for  this  Courfe 
would  keep  all  Caufes  from  being  heard,  and  De- 
linquents from  being  queftioned.  Super  totam 
Materiam^  it  was  demanded  by  the  Houfe  of  Com- 
mons, that  one  of  thefe  three  Things  be  granted: 

1.  *  That  the  Demurrer  might  be  rejected  :  Or 

2.  '  That  their  Lordfhips   would   proceed   to 
Judgment :  Or,  at  leaft, 

3.  '  That  the  Houfe  of  Commons  might  be  ad- 
mitted to  make  their  Proofs,  without  farther  Delay/ 

The  Counfel  for  theBimops  being  then  called  in, 
and  the  fecond  Impeachment,  of  the  I3th  of  Augiift 
laft,  read  to  them,  they  defired  fome  {hort  Day  to 
confider  what  Anfwer  the  Bifhops  ftiould  make  to 
it;  and  the  Lords  fixed  upon  Saturday^  the  nth 
Inftant,  for  that  Purpofe. 

This  Day  the  Queen,  again,  defired  of  the  The  Commons 
Lords,  That  fince  herConfefforPA/7//>j,  was  bailed, fti11  refufe  th.e 
he  might  not  be  reftrained  from  coming  to  her.ee 
This  was  confented  toby  the  Lords,  but  refufed  by 
the  Commons. 

December  8.  The  King  fent  a  Mefiage  to  the 
Lords,  c  That  it  was  his  Defire  both  Houfes  would 
confider  of,  and  prepare,  Inftru&ions  for  their  Com- 
miflioners  to  treat  with  the  Scots  about  the  Irijb 
Affairs,  and  prefent  them  to  him.'  He,  alfo,  fent 
to  inform  both  Houfes,  'That  the  French  Ambafla- 
dor  had  petitioned  for  eight  Priefts  condemned  this 
\Veek ;  and  that  they  might  be  imprifoned  or  ba- 
niflied,  rather  than  be  executed,  becaufe  it  might 


96       *Tbe  Parliamentary  Hi  STORY 

An.  17.  Car.  I.  concern  the  fettling  of  Affairs  in  Ireland?     In  this 
16411         his  Majefty  defired  the  Advice  of  Parliament. 

The  Houfe  of  Commons  fent  up  the  Inftruclions 

for  the  Treaty  with  the  Scots  ;  which  was  only  to 

Fivethcufand     make  the  bcft  Agreement  with  them  they  could, 

Scots  to  be  tranf-  ,  c          •  TV  T         •  7      ;        7        '    i 

ported  into  he-  *°r  tranfporting  5000  Men  into  Ireland^  and  pay- 
land.  ing  for  them  ;  and  to  exprefs  the  Thanks  of  both 

Houfes,  for  their  Readinefs  to  affift  in  that  Buil- 
nefs. 

This  Day  both  Houfes  being  informed,  That  the 
Irijb  Rebels    had   prefented  a   Remonftrance  for 
Peace,  the  Terms  of  which  were,  To  have  the  free 
ir  Religion,  and  a  Repeal  of  all  Laws 
Excrcife  of  their  to  the  contrary,  &c.  after  a  folemn  Debate,  it  was 
Religion.          refolved  by  both  Lords  and  Commons,  *  That  they 
•would  never  give  Confent  to  any  Toleration  of  the 
Popifli  Religion,   in  Ireland,  or  any  other  of  his 
Majefty's  Dominions.'     In  this  Debate,  amongft 
the  Commons,  Sir  Benjamin  RvdyarJfp&e  as  fol- 
lows f : 

Mr.  Speaker, 

SirB  Rud<ard's   TJEradventure  I  could  have  wimed  that  To- 
Speech  againft  *    Jl      Deration  in  Religion  had  not,  at  this  Time, 
that  Demand,     come  in  queftion  ;  yet  now  that  it  is  brought  on 
the  Stage,  I  am  brought  to  the  Stake.     When  Re- 
ligion is  fo  nearly  concerned,  I  love  not  to  take 
any  Civil  or  Politic  Refpecls  into  Confideration  : 
Reafons  of  State  have  almoft  eaten  up  all  the  Laws 
and  Religion  of  Cbriftendom. 

6  I  have  often  heard  it  difcourfed,  Whether  we 
fhould  make  Religion  an  Argument  of  any  of  our 
Undertakings  abroad  ?  Herein  the  wifer  Sort  have 
been  very  nice  and  tender;  believing  that  the 
Over-number  of  Papifts  would  overwhelm  us  ;  yet 
I  have  been  long  of  Opinion,  that  our  Attempts 
and  Afliifonce  have  fo  often  mifcarried,  becaufe  we 
have  not  boldly  and  publickly  avowed  ourReligion. 
It  may  be  God,  who  can  conquer  as  well  with  few 

as 

f  From  the  Collection  of  this  Gentleman's  Speeches,  printed  by 
Framit  CorJIMe,  1641. 


Of    E  N  G  L  A  N  D.        97 

as  with  many,  thinks  we  are  too  many.     Shall  the  An.  17.  Car.  I. 

Irifa  now  make  their  Religion  the  Caufe  of  their 

Rebellion,  and  (hall  we  be  amamed  or  afraid  to 

maintain  our  Religion,  in  reducing  them  to  their 

Duty  or  Obedience  ?  God  will  not  honour  them 

who  do  not  honour  him.     Let  us   remember  the 

Expoftulation  in  the  Chronicles,   Why  iranfgrefs  ye 

the  Commands  of  God,  -fa  that  ye  cannot  pro/per  ? 

This  is  a  great  Tranfgrefiion,  to  {brink  from  God 

in  his  Truth. 

'  When  we  deny  the  Irijh  a  Toleration,  we  do 
not  withdraw  the  Eafe  and  Favours  they  have 
heretofore  eajoyed  ;  greater,  I  am  fure,  than  they 
would  afford  us,  if  we  were  in  their  Power : 
Wherefore,  Mr.  Speaker,  let  us  uphold  our  Reli- 
gion, and  truft  God  with  the  Succefs.' 

December  9.     Sir  John  Hotbam  delivered  in  to 
the  Commons  the  State  of  the  National  Accounts  state  of  the  Na* 
and  Debts;  by  which  it  appear'd  that  the  latter tional Debc- 
then  amounted  to  504,044 /.  4*.  5  d. 

The  Houfe  renewed  the  Affair  of  a  Confpiracy 
to  bring  up  the  Army  to  awe,  or  fubdue,  the  Par- 
liament; when  fome.  Perfons  were  voted  guihy  of Four  Members 
High  Treafon  ;  and  Sir  John  Berkeley ,  Sir  -^Xf^  C0unt  of  the  Ar- 
Pollardy  Mr.  JViliiam  dfhburnham^  and  Mr.  Wtl-  my-Plot, 
mot)  guilty  of  Mifprifon  of  Treafon.     The  three 
laft,  as  Members,  with  Mr.  Henry  Plercy^  were 
expelled  the  Houfe. 

December  10.  A  Company  of  Watchmen,  with 
Halberts,  being  fet  as  a  Guard  to  the  Doors  of  both 
Houfes  of  Parliament,  one  of  them  was  ordered  to 
be  called  in  to  the  Lords,  and  demanded  the  Rea- 
fon  why  they  came  there  ?  It  was  anfwered,  That 
they  came  by  virtue  of  a  Warrant  from  the  High 
Conftable  of  JVeJlminfter^  as  a  Guard,  becaufa  a 
Riot  was  likely  to  be  there,  as  that  Day.  The 
High  Conftable  being  fent  for,  declared,  That  he 
received  a  Warrant  from  the  Juftices  of  Peace,  fet 
forth  by  the  King's  Writ  direded  to  them,  for  pre- 
venting of  Riots,  Routs,  and  unlawful  Affemblies, 
according  to  the  Statute  of  1 7.  Hen.  IV.  Cap.  7. 

VOL.  X.  G  The 


Parliamentary  HISTORY 

An.  i-.  Car.  I.  The  Houfc  -of  Commons  were  briiker  in  their  In- 

164.1.        quiry  into  this  Bufinefs,  and  fummoned  the  Jufti- 

' — ~v— - ->    ces  before  them  ;  where  finding  that  one  of  them 

Dcceir.be..     ^^  exceeded  his  Commiffion,  in  appointing  Guards, 

The  Commons   without  acquainting  the  Parliament  with  it,  they 

<<ifmifs  the        fent  him  to  the  Tnvtr^  and  difmified  the  Guards. 

Guards  ;>[ippint- 

ed  by  the  King  to        _.    •"  •  *  •  T^L.     !•*••  i       •  j 

prevent  Rivts.         December  1 1 .  The  King  not  having  received  any 

Anfwer  from  the  Parliament  about  the  condemned 
Priefts,  he  fent  to  the  Houie  of  Lords  again,  ac- 
quainting them,  that  they  were  ordered  for  Execu- 
tion in  two  Days  Time,  unlefs  reprieved.  This 
being  communicated  to  the  Commons,  they  went 
to  voting  on  thefe  Men's  Lives  feparately  ;  on 
which  there  were  three  Divifions  in  the  Houfe,  and 
Mercy  prevailed  fo  far,  that  two  of  them  were 
voted  to  be  fpared  ;  tho'  one  had  a  near  Run  for  his 
Life,  theDivifion  being  only  74  againft  73.  Some 
The  Votrs  as  to  Altercations  happened,  afterwards,  between  the 
the  cendcmnrf  Houfes,  about  thefe  Priefls ;  but  the  Commons 
fending  up  a  Letter  from  Ireland^  of  the  bloody 
Mafiacre  the  Rebels  were  makingin  that  Kingdom, 
both  Houfes  joined  in  a  Petition  to  his  Majeity  to 
take  or}  his  Reprieve,  and  fuffer  them  all  to  be 
executed  :  But  this  not  being  complied  with,  they 
were  all  afterwards  banifhed. 

Orders  were  fent  from  both  Houfes  to  their 
CommifTionets,  to  treat  with  the  Scots  for  ten  thou- 
fand  Men  inftead  of  five. 

The  Counfel  for  the  Biftiops  were  heard  again 
in  the  Houfe  of  Lords,  and  ordered  a  farther  Hear- 
i  iv;  on  Monday  the  1 3th :  But,  before  that  came  on, 
the  Lords  thought  proper  to  have  a  Conference 
ivith  the  other  Houfe  ;  when  they  inform'd  the 
Commons,  That  the  Bilhops  were  refolved  to  abide 
by  thtir  former  Plea  and  Demurrer  ;  only  they  had 
waved  one  Branch  of  the  latter,  which  was  to  the 
Generality  of  the  Charge,  which  appear'd  to  be  par- 
ticular :  That  they  had  appointed  the  next  Day  for 
a  further  Hearing  ;  of  which  they  thought  proper 
to  give  the  Commons  Notice  to  attend,  if  they 
pleafed.  But  this  was  prevented  by  the  King's  co- 
ining to  the  Houfe  of  Lords  that  Day  j  when,  be- 
ing 


diers  : 


Of    E  N  G  L  A  N  D.       ^9 

Ing  feated  on  the  Throne,  he  made  this  Speech  to  An.  17.  Car.  I* 
both  Houfes  of  Parliament :  l64I- 

My  Lords  and  Gentlemen, 

JH E  lajl  Time  I  was  in  this  Place,  and  the  lajl  The  King's 
Thlny  that  I  recommended  unto  you.  was  the  Bu-  Speech>  ^king 
r     r      r  •     •<       i  ;        j      r  •  t  TT          i        r Notice  of  a  Bill 

finejs  of  Ireland;  whereby  I  was  ingood  Hope  /^ /depending  for 
Jbouhl  not  have  needed  again  to  have  put  you  inmindofyiettwj,  of  Sol 
that  Bufinefs  :   But  ft  ill  feeing  the  /low  Proceedings  die 
therein,  and  i  be  daily  D'ifpaiches  that  I  have  out  of 
Ireland,  of  the  lamentable  EJlate  of  my  Protejiant 
$'>.bjefts  there,  I  cannot  but  again  earnejlly  commend 
the  Difpatch  of  that  Expedition  unto  you ;  for  it  is 
the  chief  Bufinefs  that,  at  this  Time,  I  take  to  Heart', 
and  there  cannot  almojl,    be  any  Bufinefs  that  I  can 
have  more  Care  of. 

I  might  now  take  up  fame  of  your  Time  in  expref- 
fing  my  Deteftaiion  of  Rebellions  in  general,  and  of 
this  in  particular  :  But  knowing  that  Deeds,  and 
not  Declarations,  muft  fupprefs  this  great  Infolsncy* 
I  do  here,  in  a  IVord,  offer  you  whatfoever  my  Power  ^ 
Pains,  or  Induftry,  can  contribute  to  this  good  and 
necejfary  Work  of  reducing  the  Irilh  Nation  to  their4 
true  and  wonted  Obedience. 

And,  that  nothing  may  be  omitted  on  my  Part,  I 
muft  here  take  notice  of  the  Bill  far  prejjlng  of  Sol- 
diers,now  depending  among  you,  my  Lords ;  concerning 
ivhich,  I  here  declare,  That,  in  cafe  it  come  fo  to  mtt 
as  it  ma\  not  infringe  or  diminijh  my  Prerogative,  I  wilt 
.pafs  it  °.  And  further  ;  feeing  there  is  a  Difpute 
raifed  ( I  being  little  beholden  to  him  whofoever  at  this 
Time  began  it )  concerning  the  Bounds  of  this  antient 
and  undoubted  Prerogative ;  to  avoid  further  Debate 
fit  this  Time,  I  offer  that  the  Bill  may  pafs  with  a 
Salvo  Jure  bath  for  King  and  People,  leaving  fucb 
Debates  to  a  Time  that  may  better  bear  them.  If 
this  be  not  accepted,  the  Fault  is  not  mine  that  this 
Bill  pafs  not,  but  theirs  that  refufe  fo  fair  an  Offer. 
G  2  To 

g  In  the  Preamble  to  this  Bill,  as  lent  up  by  the  Commons  to  the 
Lords,  it  was  declared,  '  That  the  King  had',  in  no  Cafe,  or  upon 
'  any  Occafion,  but  the  Invafion  from  a  foreign  Power,  Authority 
'  to  prefs  the  free-born  Suhi'eft  ;  th^t  being  incortGftent  with  ths 
*  freedom  and  Libertv  oi  his  Per  ion." 


ioo      Tbe  Parliamentary  HISTORY 

n,  rj.  Car.  I       To.  conclude:  /  conjure  you,  by  all  that  is  or  fan  If 

1641.         dear  to  you  or  me,  that,  laying  away  all  Difputes, 

1  --  v—  —  '    you  vo  on  chearfully  and  fpeedily  for  the  Relief  of 


No  fooner  was  the  King  departed,  than  both 
Houfes  Tell,  warmlv,  into  Debate,  on  that  Part  of 
his  Speech  which  menrion'd  the  Prefs-A6L  Af- 
ter many  Diiputes  and  fome  Conferences  about  it, 

December  15,  both  Houfes  agreed  in  thefe  Re- 
Whlchtoth  folutions,  *  That  it  was  their  Opinion,  that  the 
Ho-.fes  vote  to  be  Privileges  of  Parliament  were  broken,  i/?,  By  his 
ri'  Majefty's  taking  Notice  of  the  Bill  for  preffing,  it 
being  in  Agitation  in  both  Houfes,  and  not  agreed 
on.  2r//y,  In  that  his  Majefty  fhould  propound  a 
Limitation  and  provifional  Claufe  to  be  added  to 
the  Bill,  before  it  was  pr-efented  to  him  by  the 
Confent  of  both  Houfes.  3^/y,  In  that  his  Maje- 
fty  did  exprefs  his  Difpleafure  againft  fome  Perfons, 
for  Matters  moved  or  debated  in  Parliament,  du- 
ring the  Debate  and  Preparation  of  that  Bill. 
4//;/y,  That  a  Declaratory  Proteftation  be  entered 
into,  by  both  Houfes,  for  the  Claim  of  thefe  Pri- 
vileges and  Liberties  ;  and  that  a  Petitionary  Re- 
monftrance  be  drawn  up,  and  prelented  to  his  Ma- 
jefty  about  them.' 

In  the  Heat  of  thefe  Debates,  in  the  Houfe  of 
Lords,  the  Lord  Pierepoint  h  happening  to  fay, 
'  That  it  was  not  honourable  for  that  Houfe  to  be 
in  fuch  a  Noife  and  Tumult,'  the  Lords  thought 
thefe  Words  a1  great  Offence  againft  fo  high  a  Court  ; 
and  therefore  he  was  committed  to  the  Cuftody  of 
the  Gentleman-Uiher  ;  but,  upon  his  humble  Pe- 
tition, the  next  Day  he  was  releafed. 

The  Commons        The  fame  Day  the  Commons  refolded  to  give 
refol  veto  print    prefeiu  Orders  for  the  printing  of  their  Remon- 

ncea.ndilr.a-nce>  °r  Dedar2'ion,  concerning  the  State  of  the 
Kingdom,  on  a  Divifion,  Yeas  1  35,  Noes  83.  The 
Tellers  upon  this  very  remarkable  Occafion  were, 
for  the  Qiieflion,  Mr.  Denzil  Holies,  Member  for 
Dercbtfter,  and  Sir  Walter  Erh,  Member  for  IVcy- 


h  Eldeft  Son  of  tl;e  EsrI  of  K:-r.r--.,  called  in  by  Writ,  I'it* 
fjtris.  -"'  " 


Of    E  N  G  L  A  N  D.       101 

mouth ;  againft  it,  Sir  John  Colepeper,  Knight  of  the  An.  17.  Car.  I,- 
Shire  for  Kent,  and  Mr.  John  Afiburnbam,  Member        l64'' 
for  Haftinps.  c— v— -^ 

December. 

The  Commons  having  printed  and  publifhed 
their  Petition  and  Remonftrance,  the  King  gave 
Orders  for  printing  and  publiihing  his  Anfwej  to 
the  former  as  follows : 

'E  having  received  from  you,  foon  after  our  Re-  The  King's  An- 
turn  out  of  Scotland,  a  long  Petition,  *^-{j£J°  thatPe" 
ing  of  many  DeJ:rei  of  great  Moment,  together  with 
a  Declaration  of  a  very  unufual  Mature  annexed 
thereunto,  we  had  taken  fome  Time  to  confider  of  it* 
as  befitted  us  in  a  Matter  of  that  Confequence ;  being 
(onfident,  that  your  own  Reafon  and  Regard  to  us, 
as  well  as  our  exprefs  Intimation  by  our  Comptroller 
to  that  Purpofe,  would  have  retrained  you  from  the 
Pubtijhing  of  it,  till  fuch  Time  as  you  Jboula  have 
received  our  Anjwer  to  it :  But,  much  again  ft  our 
Expectation,  finding  the  contrary,  that  the  faid  De- 
claration is  already  abroad  in  Print,  by  Directions 
from  your  Houfe,  as  appears  by  the  printed  Copy,  we 
muji  let  you  know  that  we  are  very  fenjible  of  this 
Difrejpcfi :  Notwithjlanding,  it  is  our  Intention  » 
that  no  Failing  on  your  Part  Jhall  make  us  fail 
in  ours,  of  giving  all  due  Satisfaction  to  the  De- 
fires  of  our  People  in  a  Parliamentary  JVay ;  and 
therefore  we  fend  you  this  AnJ-wer  to  your  Petition^ 
rejerving  ourftlf  in  point  of  the  Declaration,  which 
we  think  Unparliamentary,  and  Jhall  take  a  Courfe 
to  do  that  which  we  Jhall  think  jit  in  Prudence  and 
Honour. 

To  the  Petition  we  fay,  That  although  there  are 
divers  Things  in  the  Preamble  of  it,  which  we  are 
fo  far  from  admitting,  that  we  profefs  we  cannot 
underftand  them ;  as,  of  a  wicked  and  malignant 
Party  prevalent  in  the  Government ;  of  lome  of 
that  Party  admitted  to  our  Privy-Council,  and  to 
other  Employments  of  Truft,  and  neareft  to  us  and 
our  Children ;  of  Endeavours  to  fow  among  the 
People  falfe  Scandals  and  Imputations,  to  blemifh 
and  difcrace  the  Proceeding  of  the  Parliament : 
G  *  All 


io2     The  Parliamentary  HISTORY 

n.  17.  Car.  \.All,  or  any  ofivhich,  did  we  kno^u  of,  ive  fvould  If 
as  ready  to  remedy  and  punift),  c.s  you  to  complain  of. 
That  the  Prayers  of  your  Petition  arc  grounded  up- 
on fitch  Premifes  as  we  muft  in  no  wife  admit ;  yety 
notwithstanding,  we  are  plcafcd  to  give  this  Anj'wer 
to  you. 

To  the  firft,  concerning  '  Religion,  ccnfijling  of 
fevcral  Branches,  we  fay,  That,  for  the  preferring 
*thc  Peace  and  Safety  of  the  Kingdom  from  the  De- 
figns  of  the  Popijh  Party,  we  have  and  will  ft  ill 
concur  with  all  the  jujl  Defires  of  our  People  in  a 
Parliamentary  If^ay  :  That  for  the  depriving  of  the 
Bijhops  of  their  Votes  in  Parliament,  we  would  ha'je 
you  conftder,  that  their  Right  is  grounded  upon  the 
Fundamental  Law  of  the  Kingdom,  and  Conjhtution 
of  Parliament.  This  we  would  have  you  confider  \ 
hut  fence  you  defire  our  Concurrence  herein,  in  a  Par- 
liamentary ll^ay,  we  will  give  no  further  Answer  at 
(his  Time. 

As  for  the  abridging  of  the  inordinate  Power  of 
the  Clergy ;  we  conceive  that  the  taking  away  the 
f{igh-Commij[jion  Court  hath  well  moderated  that ; 
but  if  there  continue  any  Ujurpations  or  Excejfes  in 
their  Jurijdittions,  we  therein  neither  have  nor  will 
proteff  them. 

Unto  that  Claufe  which  concerneth  Corruptions,  as 
you  Jlyle  them,  in  Religion,  in  Church-Government, 
and  in  Difcipline',  and  the  removing •  of fuch  unnecej- 
fary  Ceremonies  as  't.vcak  Confciences  might  cheque  at : 
That  for  any  illegal  Innovations,  which  may  have 
trfpt  in,  we  /hallivillingly  concur  in  the  Removal  of 
them.  That  if  our  Parliament  /hall  advije  us  to 
call  a  National  Synod,  which  may  duly  examine  fuch 
Ceremonies  as  give  jujl  Cauje  cf  Offence  to  any,  we 
fiall  take  it  into  Conjideration,  and  apply  ourjelf  to 
give  due  Satisfaction  therein ;  But  we  are  very  jorry 
to  hear,  in  fuch  general  Terms,  Corruption  in  Reli- 
gion objected ;  fmce  we  are  perfuaded  in  our  Con- 
fcience,  that  no  Church  can  be  found  upon  the  Earth 
that  profej/eth  the  true  Religion  with  more  Purity  of 
Doftrine  than  the  Church  of  England  doth ;  nor 
^vhere  the  Government  and  Difcipline  are  jointly  more 
i  and^  free  from  Super/tition,  than  as  they 


Of.  E  N  G  L  A  N  D.       103 

sre  here  ejlablijked  by  Law,  which,  by  the  Grace  of  An.  17.  Car.  I. 

God,  we  will  with  Con/tancy  maintain,  while  we 

live,  in  their  Purity  and  Glory. ;   not  only  agn'r.ijl  all    ^^akei 

Invafions  .of  Popery,  but  alfo  from  the  Irreverence 

of  thofe  many  Scbifmaticki  and  Srparati/h,  where  - 

with,  of  late,  this  kingdom  and  this  City  abounds, 

to  the  great  Difnonour  and  Hazard  both  of  Church 

and  State  ;  for  the  SirppreJJion  of  whom,  we  require 

your  timely  and  active  Ajjljlance. 

To  the  fecond  Prayer  cf  the  Petition,  concerning 
the  Removal  and  Choice  of  Counfellar s :  We  know 
not  any  of  our  Counfel  to  wham  the  Character,  jet 
forth  in  the  Petition,  can  belong.  That,  by  tbofe 
whtrn  we  have  expo  fed  to  Trial,  we  have  already 
given  you  fufficient  TeJHmony  that  there  is  no  Man 
Jo  near  unto  us  in  Place  or  SljfeEtion,  whom  we  will 
not  leave  to  the  'Jujiice  of  the  Law,  if  you  foall  bring 
a  particular  Charge  and  fufficient  Proofs  againft 
him  ;  and  of  this  we  do  again  ajjure  you  :  But,  in 
the  mean  Time,  we  wijh  you  to  forbear  fuch  general 
Afperfions  as. may  refect  upon  all  our  Council,  fince 
you  name  none  in  particular. 

That  for  the  Choice  of  our  Counfellors  and  Mini- 
Jlers  of  State :  It  were  to  debar  us  that  natural  Li- 
berty all  Freemen  have ;  and  as  it  is  the  undoubted 
Right  of  the  Crown  of  England,  to  call  fuch  Per- 
fans  to  our  jecret  Councils,  to  public  EmpLsjinent^ 
and  our  particular  Service,  as  we  jkall  think  fit;  fa 
we  are,  and  ever  jhall  be,  very  careful  to  make  Elec- 
tion of  fuch  Pcrfons  in  tbofe  Places  of  Truji,  as  Jhall 
have  given  gjodTcjiiuwnies  of  their  Abilities  and  In- 
tegrity, and  againjl  wham  there  can  be  no  jujl  Caufe 
of  Exception,  whereon  reasonably  to  ground  a  Diffi- 
dence ;  and  to  Choices  of  this  Nature,  we  ajfure  you 
that  the  Mediation  of  the  neareji  unto  us  hath  always 
concurred. 

To  the  third  Prayer  of  your  Petition,  concerning 
Ireland  :  We  Under  ft  and  your  Defer  t  of  not  aliena- 
ting the  forfeited  Lands  thereof,  to  •proceed  from 
your  much  Care  and  Love,  and  likeivife  that  it  may 
be  a  Rejolution  very  fit  for  us  to  take  j  but  whether 
it  be  feafonable  to  declare  Refolutions  cf  that  Nature 
before  the  Events  of  a  JFar  be  j'een,  that  we  much 

doult 


104      ffje  Parliamentary  HISTORY 

An.  17.  Car.  l.^01i{,t  of.  Howfoever,  we  cannot  but  thank  you  f-',r 
1^1'  this  Care,  and  your  chearful  Engagement  for  the 
Dec-mber  SuppreJJion  of  that  Rebellion;  upon  the  fpeedy  effgfl- 
ing  whereof,  the  Glory  of  God  in  the  Prote/latit  Pro- 
feffion,  the  Safety  of  the  Britifh  there,  our  Honour, 
and  that  of  the  Nation,  fo  much  depends;  all  the  In- 
terefts  of  this  Kingdom  being  fo  involved  in  that  Bu- 
Jinefs,  we  cannot  but  quicken  your  AJfeftions  therein, 
and  Jhall  defere  you  to  frame  your  Counfels,  and  t*> 
give  fuch  Expedition  to  the  JVork,  as  the  Nature 
thereof,  and  the  Prejfure  in  point  of  Time,  requires; 
and  whereof  you  are  put  in  Mind  by  the  daily  Infs- 
Jence  and  Increafe  of  thofe  Rebels. 

For  Conclufeon,  you  promife  to  apply  yourselves  to 
fuch  Courfes  as  may  fupport  our  Royal  Ejlate  with 
Honour  and  Plenty  at  home,  and  with  Power  and 
Reputation  abroad:  This  is  that  ivhuh  ive  have  ever 
promijcd  oiirfelf,  both  from  your  Loyalties  and  Affec- 
tions, and  aljo  for  what  we  have  already  done,  and 
foall  daily  go  adding  unto,  for  the  Comfort  and  Hap- 
pinefs  of  our  People. 

His  Majefty  alfo,  by  the  Advice  of  his  Privy- 
Council,  iflued  the  following  Declaration,  addrefs'd 
to  all  his  loving  Subjects.  ' 

And  his  Maje-  '  A  Lthough  we  do  not  believe  that  our  Houfe 
fly's  Dcclarati-  '  x"\.  °^  Commons  intended,  by  their  Remon- 
on  in  Anfwer  i  ftrance  of  the  State  of  the  Kingdom,  to  put  us  to 

to  the  Remon-  .       .  ....  n  r         n 

prance.  an7  "P°^°gy»  either  tor  our  palt  or  prelent  Ac- 

*  tions:  Notwithftanding,  fince  they  have  thought 

*  it  fo  very  neceflary,  upon  their  Obfervation  of 
«  the  prefent  Diftempers,  to  publilh  the  fame,  for 
'  the  Satisfaction  of  all  our  loving  Subjects,  we 

*  thought  it  very  luitable  to  the  Duty  of  our  Phce, 

*  with  which  God  hath  trufted  us,  to  do  our  Part 
'  to  fo  good  a  Work  ;  in  which  we  fhall  not  think 

*  it  below  our  Kingly  Dignity  to  defcend  to  any 
'  Particular,  which  may  compofe  and  fettle  the  Af- 

4  feclions 

i  'R'.ifr.iiKrtb  has  given  the  Commons  Petition  and  Rcmonilrance, 
with  the  King's  Anl'wer  to  the  former;  but  has  omitted  this  De- 
ckrstior,  which  was  pubiiflied at  the  fame  Time,  in  Reply  to  the 
Remonftrance  of  the  Commons,  by  Robert  Barker,  Printer  to  tlie 
King's  Maft  Excellent  Majefty,  and  by  the  Afligns  tfjtb*  Bill. 


Of    ENGLAND.       105 

fections  of  our  meaneft  Subjects ;  fince  we  are  fo  An.  17.  Car.  r. 
confcious  to  ourfelf  of  fuch  upright  Intentions  and        l  *>*]'f 
Endeavours,  and  only  of  fuch,  for  which  we  give     December. 
God  Thanks,  for  the  Peace  and  Happinefs  of  our 
Kingdom,  in  which  the  Profperity  of  our  Subjects 
muft  be  included,  that  we  wifh  from  our  Heart, 
•that  even  our  molt  fecret  Thoughts  were  pub- 
liihed  to  their  View  and  Examination:  Tho' we 

*  muft  confefs,  we  cannot  but  be  very  forry  in  this 

*  Conjuncture  of  Time,  when  the  Unhappincfs  of 

*  this  Kingdom  is  fo  generally  underftood  abroad, 
'  there  fhould  be  fuch  a  Neceffity  of  publifliing  fo 
'  many  Particulars ;  from  Which,  we  pray,  no  In- 

*  conveniences  may  enfue  that  were  not  intended. 

'  We  fhall,  in  few  Words,  pafs  over  that  Part 
'  of  the  Narrative,  wherein  the  Misfortunes  of  this 

*  Kingdom,  from  our  iiril  entering  to  the  Crown  to 
'  the  Beginning  of  this  Parliament,  are  remembered 

*  in  fo  fenfible  Expreliions :  And  that  other,  which 

*  acknowledged]  the  many  good  Laws,  pafled  by 
'  our  Grace  and  Favour,  in  this  Parliament,  for 
'  the  Security  of  our  People;  of  which  we  (hall  only 
'  fay  thus  much,  That  as  we  have  not  refufed  to 
'  pafs  any  Bill  prefented  to  us  by  our  Parliament, 
'  for  Redrefs  of  thofe  Grievances  mentioned  in  the 

*  Remonftrance,  fo  we  have  not  had  a  greater  Mo- 

*  tive  for  the  palling  thofe  Laws  than  our  own  Refo- 
'  lution,  grounded  upon  our  Obfervation  and  Un- 
'  derflandingof  the  State  of  our  Kingdom',  to  have 
'  freed  our  Subjects,  for  the  future,  from  thofe  Pref- 

*  fures  which  were  grievous  to  them,  if  thofe  Laws 
'  had  not  been  propounded  ;  which,  therefore,  we 

*  fhall  as  inviolably  maintain,  as  we  look  to  have 

*  our  own  Rights  preferved  ;  not  doubting  but  all 

*  our  loving  Subjects  will  look  on  thofe  Remedies 

*  with  that  full  Gratitude  and  Affection,  that  even 

*  the  Memory  of  what  they  have  formerly  under- 

*  gone  by  the  Accidents  and  Neceffities  of  thofe 

*  Times,  will  not  be  unpleafant  to  them  :  And,  pof- 

*  fibly,  in  a  pious  Senfc  of  God's  Bleffing  upon  this 

*  Nation,  how  little  Share  foever  we  fnall  have  of 
4  the  Acknowledgment,  they  will  confefs  they  have 
'  enjoyed  a  great  Meafure  of  Happinefs,  even  thefe 

*  laft 


io6     The  Parliamentary  HISTORY 

.t  '.ft  fixteen  Years,  both  in  Peace  and  Plenty;  not 
f  only  comparatively  in  reflect  of  t'neir  Neigh- 
'  bours,  but  even  of  thofe  Times  which  were  jultly 

*  accoun.ed  fortunate. 

*  The  Fears  and  Jealoufies,  v/hich  may  make 
'  fome  Impreffion  in  the  Minds  of  our  People,  we 

*  will  fuppofe  may  be  of  two  Sorts;  either  for  Re- 

*  ligion,  or  Liberty  and  their  Civil  Interefts.     The 
'  Fears  for  Religion  may  haply  be,  not  only  as  ours 

*  here  eftablifhed  may  be  invaded  by  the  Ramijb 

*  Party,  but  as  it  is  accompanied  with  fome  Cere- 

*  monies,  at  which  fome  tender  Confciences  really 
'  are,  or  pretend  to  be,  fcandalized  ;  for  of  any 

*  other  which  have  been  ufed  without  any  legal 
'  Warrant  or  Injunction,  and  already  are,  or  fpee- 
'  diiy  may  be  abolifhed,  we  fhall  not  fpeak. 

*  Concerning  Religion  :  As  there  may  be  any 
'  Sufpicion  of  Favour  or  Inclination  to  the  Papifts, 

*  we  are  willing  to  declare  to  all  the  World,  That 
'  as  we  have  been,  from  our  Childhood,  brought 

*  up  in,  and  praclifed  the  Religion  now  cftablifhcd 
'  in  this  Kingdom ;  fo  it  is  well  known  v/e  have, 
'  not  contented  (imply  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  Ron;/:  -y 
'  and  are,  from  our  Soul,  fo  fully  fatisficd  and  a£- 
4  fured  that  it  is  the  mod  pure  and  agreeable  to  the 

*  facred  Word  of  God,  of  any  Religion  now  prac- 

*  tiled  in  the  Chriilian  World,  that  as  we  believe 

*  we  can  maintain  the  fame  by  unapfwerable  Rea- 

*  fons,  fo  we  hope  we  (hould  readily  feal  it  by  the 

*  EfFufion  of  our  Blood,  if  it  pleafed  God  to  call  us 

*  to  that  Sacrifice :  And  therefore  nothing  can  be  fo 

*  acceptable  unto  us,  as  any  Proportion  which  may 
'  contribute  to  the  Advancement  of  it  here,  ortl\c 
'  Propagation  of  it  abroad,  being  the  only  Means 
'  to  draw  down  aBleffing  from  God  upon  ourfelvcs 

*  and  this  Nation.     And  we  have  been  extremely 

*  unfortunate,  if  this  Profeflion  of  ours  be  wanting 

*  to.  our  People  ;  our  conftant  Practice  in  our  own 
'  Pcifon  having  always  been,  without  Oltentation, 

*  as  much  to  the  Evidence  of  our  Care  and  Duty 

'  herejn. 


Of    ENGLAND.     107 


'  herein,  as  we  could  pofiibly  tell  how  to  cxprefs.  An.  17.  Car.  I. 
4  For  Differences  amonglt  ourfelves,  for  Matters        l6i. -1- 

*  indifferent  in  their  own  Nature,  concerning  Reli-     ix^T^ 
4  gion,  we  {hall,  in  Xendernefs  to  any  Number  of 

'  our  loving  Subjects,  very  willingly  comply  with 

*  the  Advice  of  our  Parliament,  thatlbme  Law  may 
'  be  made  for  the  Exemption  of  tender  Conferences 
'  from  Puniflunent  or  Profecution  for  fuch  Ccre- 

*  monies,  and  in  fuch  Cafes,  which,  by  the  Judg- 

*  mcnt  of  Men,  are  held  to  be  Matters  indifferent, 
4  and  of  fome  to  be  abfolutely  unlawful ;  provided 

*  that  this  Eafe  be  attempted  and  purfucd  with  fuch 
4  Modefty,  Xemper,  and  Submil-lon,  that,  in  the 
'  mean  Xime,  the  Peace  and  Quiet  of  the  Kingdom 

*  be  not  difturbed,  the  Decency  and  Comelinefs  of 
'  God's  Service  difcountenanced,   nor  the  pious, 
4  fober,  and  devout  Actions  of  thofe  reverend  Per- 
'  fons  who  were  the  firft  Labourers  in  the  bleffed 
4  Reformation,  or  of  thatXime,  be  fcandalized  and 
f  defamed:  For  we  cannot,  without  Grief  of  Heart, 

*  and  without  fome  Xax  upon  ourfelf  and  our  Mi- 

*  nifters  for  the  not  executing  of  our  Laws,  losk 
'  upon  the  bold  Licence  of  fome  Men,  in  printing 
'  of  Pamphlets,  in  preaching  and  printing  of  Ser- 
4  mons,  fo  full  of  Bitternefs  and  Malice  againft  the 

*  prefent  Government  and  the  Laws  eftabliihed,  fo 
*-  full  of  Sedition  againft  ourfelf  and  the  Peace  of 
'  the  Kingdom,  that  we  are  many  Ximes  amazed 
'  to  coniider  by  what  Eyes  thefe  Xhings  are  feen, 
e  and  by  what  Ears  they  are  heard;  and  therefore 
4  we  have  good  Caufe  to  command,  as  we  have 
'  done,  and  hereby  do,  all  our  Judges  and  Mini- 

*  fters  of  Juftice,  our  Attorney  and  Sollicitor-Ge- 

*  neral,  and  the  reft  of  our  learned  Counfel,  to  pto- 
'  ceed  with  all  Speed  againft  fuch  and  their  Abet- 
'  tors ;  who,  either  by  Writing  or  Words,  have  fo 

*  boldly  and  malictoufly  violated  the  Laws,  difturb- 
e  ed  the  Peace  of  the  Commonwealth,  and,  as  much 
'  as  in  them  lies,  flmken  the  very  Foundation  upon 
e  which  that  Peace  and  Happinefs  is  founded  and 
4  constituted.    And  we  doubt  not  but  all  our  loving 
4  Subjects  will  be  very  fenfible  that  this  bufy,  viru- 

*  lent)  Demeanor  is  a  fit  Prologue  to  nothing  but 

4  Con- 


December. 


1 08     The  Parliamentary  HISTORY 

c  Confufion;  and,  if  not  very  feafonably  punifhed 
and  prevented,  will  not  only  be  aBlemifh  to  that 
wholefome  Accommodation  we  intend, but  an  un- 
'  fpeakable  Scandal  and  Imputation  even  upon  the 
'  Profeflion  and  Religion  of  this  our  Kingdom  of 
'  England. 

<•  Concerning  the  Civil  Liberties  and  Interefrs  of 
'  our  Subjects,  we  {hall  need  to  fay  the  lefs,  having 
'  erected  ib  many  lafting  Monuments  of  our  prince- 

*  ly  and  fatherly  Care  of  our  People,  in  thofe  many 

*  excellent  Laws  palled  by  us  this  Parliament;  which, 
'  in  Truth,  with  very  much  Content  to  ourfelf,  we 
'  conceive  to  be  fo  large  and  ample,   that  very 
'  many  foberMen  have  very  little  left  to  wifh  for. 

*  We  underftand  well  the  Right,  and  Pretences 
'  of  Right,  we  departed  from  in  the  confenting  to 
'  the  Bills  for  the  Triennial  Parliament  ;  for  the 
'  Continuance  of  this  prefent  Parliament;  and  in 
'  the  Preamble  to  the  Bill  of  Tonnage  and  Pound- 
'  ace;  the  Matter  of  which,  having  begot  fo  many 
'  Disturbances  in  late  Parliaments,  we  were  wil- 
'  ling  to  remove,  that  no  Incereft  of  ours  might 
«  hereafter  break  that  Corrcfpondcnce;  abundantly 

*  contenting  ourfelf  with  an  AiTurance,  which  we 
«  ftill  have,  that  we  ftiould  be  repaired  and  fupplied 
'  by  a  juft  Proportion  of  Confidence,  Bounty,  and 

*  Obedience  of  our  People.    In  the  Bills  for  the  ta- 
4  king  away  the  High-Commiflion  and  Star-Cham- 

*  her  Courts,  we  believed  we  had  given  that  real 
'  Satisfaction,  that  all  Jealoufies  and  Apprehenfions 
'  of  arbitrary  Prefliircs,  under  the  Civil  or  Ecclefi- 

*  aftical  State,  would  eafily  have  been  abandoned; 
'  efpecially  when  they  faw  all  pofiible  Doubt  fecur'd 

*  by  the  Vifitation  of  a  Triennial  Parliament. 

'  Thefe,  and  others  of  no  mean  Confideration,  we 

*  had  rather  lliould  be  valued  in  the  Hearts  and  Af- 

*  feclions  of  our  People  than  in  any  Mention  of  our 
'  own  ;  not  doubting  but,  as  we  have  taken  all  thefe 
'  Occalions  to  make  our  People  happy,  fo  they  will 
«  always,in  a  gi  atoful  and  dutiful  Relation,  be  ready, 
'  with  equal  Tendernefs  and  Alacrity,  to  advance 
'  our  Rights  and  preferve  our  Honour,  upon  which 

*  their  own  Security  and  Subfiftance  fo  much  de-    ' 

. c  pends. 


Of    ENGLAND.       109 

*  pends.  And  we  will  be  fo  careful  that  no  Particu- An-  *7-  Car- 

*  lar  fhall  be  prereaied  unto  us,  for  the  compleating    ^ * 

'  and  eftablilhing  that  Security,  to  which  we  will     December^ 

*  not,  with  the  lame  Readinefs  contribute  our  belt 
'  Ailiftance. 

4  If  thefe  Resolutions  be  the  Effect  of  our  prefent 

*  Counfels,  (and  we  take  God  to  vvitnefs  that  they 
'  are  fuch,  and  that  all  our  loving  Subjects  may  con- 

*  tidently  expect  the  Benefit  of  them  from  us)  cer- 

*  tainly  no  ill  Defign  upon  the  Public  can  accom- 

*  pany    fuch  Refoiations;    neither  will   there  be 

*  greater  Caufeof  Sufpicion  of  any  Perfons  prefcr- 
6  red  by  us  to  Degrees  of  Honour,  and  Places  of 
'  Truft  and  Employment,  fince  this  Parliament. 

*  And  we  muft  confefs,  that  amongft  GUI  Iilisfor- 
'  tunes,  we  reckon  it  not  the  lead,  tliat  having  not 
'  retain'd  in  our  Service,   nor  protected,  any  one 
'  Perfon  againft  whom  our  Parliament  hath  cxcept- 
'  ed,  during  the  whole  Sitting  of  it ;  and  ha\  ing,  in 

*  all  that  Time,  fcarce  vouchsafed  to  any  M:.      :i 

*  Inftance  of  our  Grace  and  Favour,  but  tofuciiwho 

*  were  under  fome  eminent  Character  of  Efii.    i- 

*  tion  amongft  our  People,  there  fhould  fo  foon  be 
'  any  Mifunderftanding  or  Jealouly  of  their  \ 

'  lity  and  Uprightnefs  ;  cfpecialiy  in  a  Time  whea 

*  we  take  ail  Occafions  to  declare,  That  we  con- 

*  ceive  ourfelf  only  capable  of  being  ferved  by  ho- 

*  neft  Men,  and  in  honeft  Ways  :   However,  if,  in 

*  Truth,  we  have  been  miftaken  in  fuch  our  Elec- 
'  tion,  the  Particular  fliall  be  no  fooner  difcovered 
'  to  us,  either  by  our  own  Obfervation  or  other  cer- 

*  tain  Information,  than  we  will  leave  them  to  pub- 

*  lie  Juftice,  under  the  Marks  of  our  Difpleafure. 

'  If,  notwithstanding  this,  any  malignant  Party 

*  (hall  take  Heart,   and  be  willing  to  facrifice  The 
'  Peace  and  Happinefs  of  their  Country  to  their  own 
6  fmifter  Ends  and  Ambitions,  under  what  Pretence 
'  of  Religion  and  Confcience  foever  ;  if  they  fhall 

*  endeavour  to  lefTen  our  Reputation  and  Intereft, 
'  and  to  weaken  our  lawful  Power  and  Authority 

*  with  our  good  Subjects  ;  if  they  fhall  go  about, 

*  by  difcountenancing  the  prefent  Laws,  to  loofen 

«  the 


December 


iio     Tie  Parliamentary  HJSTORV 

An.   17  Car.  I.c  the  Bands  of  Government,  that  all  Diforder  and 
1641.         '  Confufion  may  break  in  upon  us,  we  doubt  not 
v—  ~v—  •**     «  but  God,  in  his  good  Time,  will  difcover  them 
t  untQ  ug  ..   aTld  the  Wifdom  and  Courage  of  our 
'  Hi^h  Court  of  Parliament  join  with  us  in  their 
'  Suppreffion  arid  Punifhment. 

*  Having  now  faicl  all  that  we  can,  to  exprefs  the 
c  Cleamefs  and  Uprightnefs  of  our  Intentions  to  our 

*  People,  and  done  all  we  -can  to  manifeft  thofe  In- 
c  tcntions,  we  cannot  but  confidently  believe  all  our 
«  good  Subjects  will  acknowledge  our  Part  to  be  fully 
k  performed,  both  in  Deeds  paft  and  prefent  Rcfo- 

*  lutions,  to  co  v;h:j.tfoever,  with  Juftice,  may  be 
'  required  oftis;  and  that  their  Quiet  and  Profperity 

*  depends,  now,  wholly  upon  themfelves,  and  is  in 

*  their  Power,  by  yielding  aH  Obedience  and  due  Re  - 

*  verenceto  the  Law,  which  is  the  Inheritance  of 
4  every  Subject,  and  the  only  Security  he  can  have  for 

*  his  Life,  Liberty,  or  Eftate  ;  and  the  which  being 

*  neglected  or  difefteemed,   under  what  fpecious 
k  Shews  foever,  a  great  Meafure  of  Infelicity,  if  not 

*  an  irreparable  Confufion,  muft,  without  Doubt, 

*  fall  upon  them  :  And,  we  doubt  not,  it  will  be  the 
'  moil  acceptable  t)ec3aration  a  King  can  make  to 

*  his  Subjects,  That,  for  our  Part,  we  are  refolved 

*  not  only  duly  to  obferve  the  Laws  ourfelf,  but  to 

*  maintain  them  ap-ainft  what  Oppoiltion  foever, 
4  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  confront  preferring  a  good 

*  Underftanuing  between  us  and  our  People  ;  but 
'  at  this  Time  theirown  and  cur  Intereft,  andCom- 

*  paffion  to  the  lamentable  Condition  of  our  poor 

*  Proteftant  Subjects  in  Ireland,  will  invite  them  to 
'  a  fair  Intelligence  and  Unity  amongft  themfelves  ; 

*  fo  that  we  may,  with  one  Heart,  attend  the  relie- 
'  vingand  recovering  that  unhappy  Kingdom,  where 
'  thofc  barbarous  Rebels  practife  fuch  inhuman  and 

*  unheard-of  Outrages  upon  our  miferable  People, 
'  that  no  Chriftian  Ear  can  hear  without  Horror, 

*  nor  Story  parallel.     And  as  we  look  upon  this  as 

4  the 


Of    E  N  G  L  A  N  D.      m 

*  the  greateft  Affliction  it  hath  pleafed  God  to  lay  An.  17.  Car.  T, 
'  upon  us,  fo  our  Unhappinefs  is  increafed,  in  that,        1641. 

*  by  the  DHiesnpers  at  home,  fo  early  Remedies  have    *— ""v~  — ' 
'  not  been  applied  to  thoie  growing  Evils,    as  the 

*  Expectation  and  Neceiiity  there  requires;  tho',for 
'  our  Part,  as  we  did,  upon  the  firft Notice,  acquaint 
'  our  Parliament  of  Scotland,  where  we  then  were, 

*  with  that  Rebellion,  requiring  their  Aid  and  Af- 

*  fiitance,  and  p;ave  like  fneedy  Intimation  and  Re- 

*  commendation  to  our  Parliament  here  ;  fo,  fmce 

*  our  Return  hither,  we  have  been  forward  to  alt 

*  Things  which  huve  been  propofed  to  us  towards 

*  that  Work ;  and  have  lately,  ourfelf,  offered,  by  a 

*  Mefiage  to  our  Houfe  of  Peers,and  communicated 
'  to  our  Houfe  of  Commons,  to  take  upon  us  the 

*  Care  to  raife,  fpecdily,  io,oooEngliJb  Volunteers 
'  for  that  Service,  if  the  Houfe  of  Commons  {hall  de- 
'  clare  that  they  will  pay  them  ;  which  Particulars 
'  we  are  inaMannernecefTitatedtopublifh,  fincewe 
'  are  inform'd  that  the  Malice  of  fomePerfons  hath 
1  whiibered  it  abroad,  That  the  no  fpeedier  advan- 

*  cing  of  this  Bufmeis  hath  proceeded  from  fomc 
'  Want  of  Alacrity  in  us  to  this greatWork;  where- 
'  as  we  acknowledge  it  a  high  Crime  againft  Al- 
'  mighty  God.  and  inexcufable  to  our  good  Subjects 
'  of  our  three  Kingdoms,  if  we  did  not,  to  the  ut~ 

*  ir.oft,  en] ploy  all  our  Powers  and  Faculties  to  the 

*  ipceiiieft  and  moft  effectual  Afliftance  and  Protec- 
4  tion  of  that  diilreffed  People. 

*  And  we  (hall  now  conjure  all  our  good  Subjects, 
'  of  what  Decree  foever,  by  all  the  Bonds  of  Love, 

*  Duty,  or  Obedience,  that  are  precious  to  good 

*  Men,  to  join  with  us  for  the  Recovery  of  the  Peace 

*  of  that  Kingdom,and  the  Prefervation  of  thePeace 

*  of  this ;  to  remove  all  their  Doubts  and  Fears 
'  which  may  interrupt  their  Affection  to  us,  and  all 

*  their  J.-aloufies  and  Apprehenfions  which  may 

*  leHen  their  Charity  to  each  other ;  and  then,  if  the 
'  Sins  of  this  Nation  have  not  prepared  an  inevitable 

*  Judgment  for  us  all,   God  will  yet  make  us  a 
-*  ^reat  and  glorious  Kine,  over  a  free  and  happy 

*  People." 

Dec. 


1 1 2     The  Parliamentary  HISTORY 

An.  17.  Car.  I.      Dec.  1 6.    This  Day  the  Committees  appointed 
1641.        by  ^h  Houfes,  brought  in  the  Form  of  a  Protefta- 
""""VT""'       tion  and  a  Petitional  Remonftrance  to  the  Kino;, 
occafioned  by  his  late  Speech  relating  to  the  Preis 
Act a ;  which,  being  read,  were  agreed  to,  and  or- 
dered to  be  enter'd  in  their  Journals.     The  firft 
was  in  thefe  Words  : 

TheProteftation4  "T  T  7*  Hereas  his  Moft  Excellent  Majefty  did, 
of  both  Houfes  <     yy     u        rue/day  laft,  in  full  Parliament,  inr 

onoccanonof the,        01          i       i    TT       r  i       -NT  r      ivn  r 

King's   Speech      a  Speech  to  both  Houfes,  take  Notice  of  a  Bill  for 

on  the  Bill  for  *  impreffing  Soldiers,  being  in  Agitation  in  the  faid 

4  Houfes,  and  not  agreed  upon ;  and  did  offer  a' 

*  Salvo  Jure,  or  provifional  Claufe,  to  be  added  to 

*  the  faid  Bill ;  and  did  at  the  fame  Time  declare 

*  his  Difpleafure  againit  fome  Perfon  or  Perfons, 
'  who  had  moved   fome  Doubt  or  Queftion  con- 
'  cerning  the  fame  :  The  Lords  and  Commons  do 
'  proteft   and   declare,   That  fuch    his   Majefty's 
'  Speech  is  contrary  to  the  fundamental,  antient,  and 

*  undoubted  Liberty  and  Privilege- of  Parliament; 

*  and  that  it  doth  of  Right  belong  unto  them,  a- 
c  mongft  other  Privileges  of  the  High  Court  of  Par- 

*  liament,  that  the  King  ought  not  to.take  Notice  of 

*  any  Matter  in  Agitation  or  Debate,  in  either  of 

*  the  Houfes  of  Parliament,  but  by  their  Informa- 
'  tion  or  Agreement ;  and  that  his  Majefty  ought 
'  not  to  propound  any  Condition,  Provifion,  or  Li- 
'  mitation,  to  any  Bill  or  A&,  in  Debate  or  Prepa- 
'  ration,  in  either  Houfe  of  Parliament ;  or  to  ma- 
'  nifeft  or  declare  his  Confent  or  Diflent,  Approba- 

*  tion  or  Diflike  of  the  fame,  before  it  be  prefented 

*  unto  him  by  the  Confent  of  both  Houfes  ;  and 
'  that  every  particular  Member,  of  either  Houfe, 
'  hath  free  Liberty  of  Speech  to  propound  or  debate 
"  any  Matter,  according  to  the  Order  and  Courfe 
'  of  Parliament ;  and  that  his  Majefty  ought  not 
'  to  conceive  Difpleafure  againft  any  Man  for  fuch 

*  Opinions  and  Propofitions  as  (hall  be  delivered  in 
'  fuch  Debate  j  it  belonging  to  the  feveral  Houfes  of 

*  Par- 

a  The  former  of  thefe  i^  not  in  Rufiivortb. 


Of    E  N  G  L  A  N  D.      113 

*  Parliament  refpeclivelytojudcre  and  determine  fuch  An.  17.  Car.  I, 

*  Errors  and  Offences,  in  WordU  or  Actions,  as  (hall        l641' 

*  be  committed  by  any  of  their  Members,  in  hand-    ^^^' 
'  ling  or  debating  any  Matters  there  depending:. — 

*  And,  for  the  Prefervation  of  the  faid  Privileges 
'  for  the  Time  to  come,  they  do  ordain  and  appoint^ 

*  That  this  their  Protection  and  Declaration  fhall 

*  be  entered  in  both  Houfes  ;   and  that  an  humble 

*  Remonftrance  and  Petition  (hall  be  framed  and  pre- 

*  fented  tohisMajefty,  intheNameofbothHoufes^ 

*  declaring  this  their. antient  and  undoubted  Right j 

*  humbly  defiling  his  Majefty  to  obferve  and  main^ 

*  tain  the  faid  Privileges  ;  and  that  he  will  not  take 

*  Notice  of  any  particular  Man's  Speech  or  Car- 

*  riage  concerning  any  Matter  in  Treaty  and  Debate 

*  in  Parliament,  or  conceive  any  Offence  or  Dif- 
4  pieafure  for  the  fame  ;  but  that  he  will  difcover, 
4  declare,  and  make  known,  the  Name  or  Names 

*  of  the  Perfon  or  Perfons,  by  whofe  Mifmforma- 
'  tion,   and  evil  Counfel,  he  was  induced  to  the 

*  Breach  of  the  Privilege  of  Parliament  aforemen- 
4  tioned  m. 

December  17.  This  Day  the  Lord  Archbifhop  of 
York)  with  feventeen  other  Lords  and  forty  Com- 
moners, waited  on  his  Majefty,  at  Whitehall^ 
with  their  Petitionary  Remonftrance  j  which  was 
read  to  him,  in  thefe  Words : 

To  the  KING'*  Mojl  Excellent  MAJESTY,     - 

The  HUMBLE  REMONSTRANCE  and  PETITION 
of  the  Lords  and  Commons  in  PARLIAMENT. 

Mojl  Gracious  Sovereign, 

«  \7~OUR  Majcfty's  moft  humble  and  loyal  Sub-  Their 
«  X  jeas,  the  Lords  and  Commons  in  ^^--^ 
<•  ment,  do,  with  all  Faithfulnefs  and  Zeal  to  your fimeS 

VOL.  X.  H  'Majefty's 

m  Lord  Clarendon  writes,  That  Mr.  Solicitor  St.  John  advifed  the 
King  to  come  to  the  Houfe  upon  this  Occafion  ;  and  that  what  the 
King  laid  were  the  very  Words  he  had  proposed  to  him. 

Vol.  I.  Sw.  Ed.  p.  327. 


IT4     The  Parliamentary  HISTORY 

An.  17.  Car.  l.c  Majefty's  Service,  acknowledge  your  Royal  Fa- 

1641.        '  vour  and  Protection  to  be  a  great  Blcfling  nnd  Se- 

V-—-V— '  -^  c  curity  to  them,  for  the  enjoying  and  preferring 

lber<     '  of  all  thofe  public  and  private  Liberties  and  Puivi- 

*  leges  which  belong  unto  them  :  And,  whcnfoever 
'  thofe  Liberties  or  Privileges  fhall  be  invaded  or 
'  broken,  they  hold  thcmfclves  bound,  with  Ku- 

*  mility  and  Confidence,  to  truft  to  your  Princely 

*  Juftice  for  Redrefs  and  Satisfaction.    And,  becaufe 

*  the  Rights  and  Privileges  of  Parliament  are  the 
'  Birth-right  and  Inheritance,    not  only  of  them- 
'  felves,  but  of  the  whole  Kingdom,  wherein  every 
'  one  of  your  Subjects  is  intitled,  (the  Maintenance 
'  and  Prefervation  whereof  doth  very  highly  con- 
'  duce  to  the  Public  Peace  and  Profperity  of  your 
4  Majefty,    and  all  your  People)    they    conceive 
'  themfelves  more  efpecially  obliged,  with  all  Ten- 

*  dernefs  and  Care,  yea,  with  all  Earneftnefs  and 
'  Conftancy   of  Refolution  and   Endeavours,    to 

*  maintain  and  defend  the  fame. 

*  Amongft  other  the  Privileges  of  Parliament, 
'  they  do,  with  all  dutiful  Reverence  to  your  moft 
'  Excellent  Majefty,  declare,  That  it  is  their  antient 
'  and  undoubted  Right,  that  your  Majefty  ought 
'  not  to  take  Notice  of  any  Matter  in  Agitation  and 
'  Debate  in  either  of  the  Houfes  of  Parliament,  but 
c  by  their  Information  or  Agreement ;  and  that 
(  your  Majefty  ought  not  to  propound  any  Condi- 
'  tion,  Provifion,  or  Limitation,  to  any  Bill  or 
'  Ad:  in  Debate  or  Preparation  in  either  Houfe  of 
'  Parliament,  or  to  manifeft  or  declare  your  Con- 
*  fent  or  Diffent,  Approbation  or  Diflike,  of  the 
'  fame,  before  it  be  prefented  to  your  Majefty  in  due 
'  Courfe  of  Parliament ;  and  that  every  particular 
'  Member  of  either  Houfe  hath  free  Liberty  of 
4  Speech  to  propound  or  debate  any  Matter,  accord - 
4  ing  to  the  Order  and  Courfe  of  Parliament ;  and 
'  that  your  Majefty  ought  not  to  conceive  Difplea- 
4  fure  againft  any  Man  for  fuch  Opinions  and  Pro- 
'  pofitions  as  fhall  be  in  fuch  Debate  ;  it  belonging 
'  to  the  feveral  Houfes  of  Parliament,  refpe&ively, 
4  to  judge  and  determine  fuch  Errors  and  Offences, 

«  which 


Of    E  N  G  L  A  N  D.      115 

*  which,  in  Words  or  Actions,  {hall  be  committed  Ar 
'  by  any  of  their  Members,  in  the  handling  or  <Je- 

*  bating  any  Matters  there  depending.      They  do    ^^ 

*  further  declare,  That  all  the  Pri  v  ileges  above-  men- 

*  tioned   have  been  lately  broken,    to   the  great 

*  Grievance  of  your  moft  humble  and  faithful  Sub- 
4  jects,  in  that  Speech  which  your  Majefty  made 
*"  in  Parliament  to  both  Houfes,  on  Tuefday  laft,  the 
4  fourteenth  Day  of  this  inftant  Month  of  December  ^ 
4  in  that  your  Majefty  did  therein  take  Notice  of  a 
4  Bill  for  impreffing  of  Soldiers,  being  in  Agitation 

*  in  the  faid  Houfes,   and  not  agreed  upon  ;   and 

*  that  your  Majefty  did  therein  offer  a  SrJvoJure,  or 
4  provifional  Claufe,  to  beadded  to  that  Bill,  before 

*  it  was  prefcnted  to  your  Majefty  by  the  Content  of 
'  both  Houfes  j  and  did,  at  the  fame  Time,  declare 

*  your  Difpleafure  againft  fuch  Perfon  or  Perfons, 
4  as  had  moved  fome  Doubt  or  Queftion  concerning 
4  the  fame  Bill  :  All  which  they  do  affirm  and  de- 
4  clare  to  be  againft  the  anticnt,  lawful,  and  un- 
4  doubted  Privilege  and  Liberty  of  Parliament. 

4  And,  further,  they  moft  humbly  befeech  your 
4  M?jefty,  by  your  Royal  Power  and  Authority, 
'  to  maintain  and  protect  them  in  thefe  and  other 
4  the  Privileges  of  your  High  Court  of  Parliament ; 
'  thafyou  will  not,  for  the  Time  to  come,  break 
4  or  interrupt  the  fame;  and  that  none  of  your  loyal 

*  Subjects  may  fuffer  and  fuftain  any  Prejudice  in 

*  your  Majefty's  Favour,  or  good  Opinion,  for  any 
'  Thing  done  or  fpoken  in  Parliament  :  And,  for 

*  the  Reparation  of  your  loyal  Subjects  in  this  juft 
4  Grievance  and  Complaint  for  the  Breaches  of  their 

*  Privileges  above-mentioned,  and  Prevention  of 

*  the  like  for  the  Time  to  come,  that  your  Majefty 

*  will  be  pleafed  to  declare,  and  make  known,  the 

*  Name  or  Names  of  the  Perfon  or  Perfons  by 

*  whofe  Mifmformation  and  evil  Counfel  your  Ma- 

*  jefty  was  induced  to  the  fame,  that  fo  he  or  they 

*  may  receive  condign  Punifhment,  as  fhall  apper- 

*  tain  to  Juftlce  in  that  Behalf.     And  this   they 

*  moft  humbly  defire,  as  your  greateft  and  moft 

H  2  4  faithful 


n6     The  Parliamentary  HISTORY 

1  faithful  Council  •,  and  advife  your  Majefty  to  per- 
'  form,  as  that  which  will  be  not  only  a  Comfort  to 
c  themfelves,  but  likewife  a  great  Advantage  to 
ecem  er.  <  your  Majefty,  by  procuring  and  confirming  iuch  a 
'  Confidence  and  Unity  betwixt  your  Majeiiy  and 
4  your  People,  as  may  be  a  Foundation  of  Honour, 

*  Safety,  and  Happinefs,  to  your  Perfon,  and  your 
'  Throne,  as  they  are  bound  always  to  pray  for 

*  and  endeavour  m.' 

After  the  Lords  returned  to  their  Houfe,  the 
Archbilhop  otYork  reported  '  That  they  had  waited 
on  the  King  with  the  Remonftrance ;  and  his  Ma- 
jefty faid,  He  -would  fend  an  Anfiuer  to  /V,  in  Writing, 
in  convenient  Time.  But  Mr.  Pymme's  Report  of  it 
in  the  Houfe  of  Commons  was  more  particular: 
He  faid,  '  That  the  Committee  had  a  fudden  Ad- 
mittance and  a  gracious  Acceptance:  That  his 
Majefty  faid,  As  it  bad taken  fame  Time  to  prepare, 
Jo  he  would  take  fame  Time  to  anfwer  it ;  and  that, 
Ifjl  there  might  be  fame  Miftakes  in  Words,  be  %vould 
give  his  Anjwer  in  Writing. 

December  18.  This  Day  the  King,  at  the  Requeft 
of  both  Houfes,  agreed  to  a  Faft  to  be  obferved,  as  a 
Day  of  Humiliation  for  the  Miferies  of  Ireland;  on 
the  22d,  by  the  Lords  and  Commons  ;  the  23d  for 
the  City  of  London  ;  and  that  Day  Month  for  the 
whole  Kingdom.  The  Lord  Archbifhop  of  York  n, 
and  the  Lord-Primate  of  Ireland0  were  ordered  to 
preach  before  the  Lords;  and  Mr.  Calamy  and  Mr. 
Marjkal  before  the  Commons. 

A  Mefiage  was  brought  from  the  Lower  Houfe, 
by  Mr.  Arthur  Goodwin,  to  accufe  Daniel  O'Neal, 
Efq;  of  High  Treafon ;  and  that  the  Commons 
would  bring  up  particular  Articles  againft  him  in 

due 

m  Wliitlockt  obferves,  *  That  indifferent  Men  wondered  both  at 
the  King's  Speech,  which  gave  the  Caufe  of  Exception,  and  w;.  , 
indcei!,  notoriously  againft  the  Courfe  and  Privilege  of  Parliament, 
that  his  Council  /hould  not  inform  him  thereof :  And  they  alfo  ap- 
prehended tjiis  Petition- ibmewhat  too  rough  in  the  Expreffions  of  it 
to  their  King.  fl-^msria/s,  p.  48. 

»  Dr.  John  William*,     o  Dr.  Jama  Uficr. 


Of    E  N  G  L  A  N  D.     117 

due   Time;   upon  which  the   faid   O'Neal  was  An.  17.  Car.  i. 
brought  to  the  Bar  of  the  Lords,  and  was  com-        l64I> 
mitted  to  the  Gatehoufe.  VTT^VT*J 

rr>i       A  <-»  i  i          t    •      n_  '  -KT-      »       December. 

i  he  Attorney- Lreneral  was  heard,  in  the  iving  s 
Behalf,  on  the  Prefs-A6l ;  after  which  it  was  or- 
dered by  the  Lords,  That  the  Debate  on  that  Bill 
fhould  be  on  Monday  next :  But  this  was  diverted 
by  a  Committee  of  Lords  and*  Commons  being  or- 
dered to  attend  the  King,  at  Jfhitehall,  that 
Day,  to  receive  his  Majefty's  Anfwer  to  the  late 
Remonftrance ;  which  was  foon  after  read  in  the 
Houfe  of  Lords,  In  htsc  Verba  p  : 

My  Lords  and  Gentlemen, 

/N  Anjwer  to  your  Petition,  concerning  our  Speech  The  King's  An« 
to  both  Houfes,  the  itfb  Day  of  December  laftj™  thcreto* 
We  do  declare,  firjl,  That  we  bad  no  Thought  or  In- 
tention of  breaking  the  Privileges  of  Parliament', 
neither  are  we  fatisfied,  that  our  being  informed  of 
any  Bill  tranfmitted  by  the  Houfe  of  Commons  to  the 
Houfe  of  Peers,  efpecially  where  our  learned  Counfel 
are  admitted,  by  the  Peers,  to  fpeak  on  our  Behalf y 
as  they  were  in  this  Cafe,  and  therefore  our  Direction 
necejjary  therein,  can  be  judged  any  Breach  of  the 
Privileges  of  Parliament. 

And  as  to  cur  taking  Notice  thereof,  and  dffiring 
the  Infertion  of  a  faving  Claufe  of  our  Rights,  we 
neither  willingly  nor  knowingly  did  any  Thing  to 
the  Breach  of  the  Privileges  of  Parliament ;  but 
what  we  did  therein  was  out  of  the  great  'Leal  we 
had,  and  ever  fi  a  II  have,  to  the  SuppreJJing  the  Re- 
bellion in  Ireland,  the  quick  Difpatch  of  which  Bill 
contributed  fo  much  to  the  effecting  thereof ;  and  it 
could  not  but  have  received  great  Delay,  had  it  paf- 
jed  both  Houfes  in  a  Way  we  could  not  have  given 
our  Royal  AJfent  to. 

Neither  had  we  any  Intention  to  exprefs  our  Dif- 

pleafure  again  ft  any  particular  Man,  for  any  Opinion 

or  Propofttions  delivered,  by  way  of  Debate,  in  either 

H  3  Houfe  ; 

r  From  the  Lords  Journals;  This  Anfw?r  is  not  in  Rujbwcrtb. 


ii8     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Houfe  ;  for  our  Intention  was  to  exprefs  a  general 
5i;i>  Difiike  of  any  £>iicftions,  that  Jhould  be  raijed,  efpe- 
c'l(l^y  a*  this  Time,  concerning  our  Prerogative  and 
the  Liberty  of  the  Subjeff;  fuck  as  this  is  being  but  a 
Preamble,  which  might  be  left  out,  without  Preju- 
dice 'to  the  Claim,  and  could  not  be  approved  by  ust 
without  concluding  our  Right. 

As  to  the  la  ft  Demand,  That  we  Jhould  declare  the 
Perfons  that  gave  us  Information ;  it  is  no  great  Won- 
der that  we  Jhould  get  Information  of  the  Contents  of 
the  Bill,  'fence  they  were  publijlied  in  Print  before  we 
fpoke  of  them.  Yet,  tho'  %ve  Jhould  have  got  Notice 
otherwife,  it  is  a  Thing  much  beneath  us  to  name  any 
that  Jhould  give  us  Information  or  Counfel ;  //  being 
jhat  which  we  do  not  impofe  upr.n  any  Per  Jon  of  Honour. 
Our  Concluflon  is,  That  we  had  not  the  leajl 
Thought  of  breaking  the  Privileges  of  Parliament ; 
'but  jh all,  by  our  Royal  Authority,  ever  protect  and 
uphold  them ;  and  -we  expeff,  that  you  will  be  as  care- 
ful not  to  trench  upon  our  juji  Prerogative,  as  we 
will  not  infringe  your  juji  Liberties  and  Privileges  ; 
and  then  there  will  be  tittle  D  if  agreement,  hereafter, 
Between  us  in  that  Point. 

This  being  read  to  the  Houfe,  the  Lords  firft 
ordered,  '  That  a  Tranfcript  of  the  King's  An- 
fwer  fhould  be  fent  down  to  the  Commons  ;  and 
that  it  fhould  be  taken  into  Confideration,  by  them- 
felves,  on  Thurfday  the  23d.' 

Farther  Proceed-  December  21.  The  Irijb  Affairs  beino-  ftill  very 
J^^^preffing,  and  no  Redrefs  yet  had,  the  two  Houfes 
bellion  in //•«-  of  Parliament  feemed  to  blame  each  other  for  the 
{and.  Neglect.  This  Day  Sir  Philip  Stapylton  was  fent 

up  with  a  Meffage  to  the  Lords,  importing,  *  That 
the  Commons  had,  in  the  laft  Conference,  laid  be- 
fore their  Lordlhips  the  mifcrable  State  of  that 
Kingdom,  and  defired  them  to  take  the  Buflnefs 
into  fpeedy  Confideration  :  That  they  now  under- 
ftand  that  Dublin  is  in  great  Danger  to  be  loft,  600 
Men  being  cut  off  by  the  Rebels  in  going  to  re- 
lieve Tredagh,  the  Commons  therefore  defire  that 
all  Means  may  be  ufed  for  the  Prefervation  of  that 

King- 


Of    E  N  G  L  A  N  D.      up 

Kingdom  ;  and  they  conceive  the  beft  Way  to  do  An.  17.  Car 
it  is,  by  way  of  Diverfion,  to  fend  the  Siots  into 
the  Province  of  Ul/fer,  fpeedily  :  Therefore  that 
Houfe  defired  their  Lordfhips  to  join  with  them  in 
the  Propcfuions  received  from  the  Scots  Commif- 
fioners  for  that  Purpoie :  The  Commons  declaring, 
That,  if  there  be  any  OmirHon,  they  defire  to  clear 
thernfelves  from  any  thing  that  may  fall  on  Ireland? 
Upon  this  the  Lords  voted,  That  10,000  Englijb 
Soldiers  were  ueceflary  to  be  fent,  with  as  many 
Scots,  into  Inland  ;  but  miftrufting  that  the  Com- 
mons would  not  agree  to  this,  at  a  Conference 
this  Day,  the  Lords  made  the  following  Propofi- 
tions  to  the  other  Houfe  : 

1.  '  They  defired  to  know  what  Certainty  that 
Houfe  would  give  this,  that  if  the  Proportion  con- 
cerning the  prefent  going  of  10,000  Scots ,  be  agreed 
unto,  10,000  Englijb  may  fpeedily  follow. 

2.  '  Whether  they  would  concur   with  this 
Houfe,  that  one   Army  ftiould  go  as  foon  as  the 
other  ;  and  that  die  King  may  be  moved  to  give 
his  Aflent  to  it.' 

The  Houfe  of  Commons  taking  thefe  Propofi- 
tions  into  Confideration,  at  another  Conference 
the  fame  Day,  returned  for  Anfwer, 

1 .  '  For  the  Certainty  which  their  Lordfhips  de- 
fire  of  fending  1 0,000  Endifit  into  Ireland,  the  Com- 
4110ns  fay,  IrTis  not  the  Courfe  of  Parliament,  nor 
hath  been  pracYifed,  for  one  Houfe  to  capitulate  with 
the  other  :   That  their  Actions  are  free;  as  without 
Conditions,  fo  withoutCapitulation;  andtheHoufe 
of  Commons  defire  it  may  be  fo  no  more. 

2.  c  The  Houfe  of  Commons  think  they  have 
given  fufficient  Certainty  already,  having  formerly 
voted  the  fending  over  10,000  Englijh,  and  tranf- 
mitted  the  fame  to  their  Lordfhips  ;  therefore  they 
think  it  not  neceflary  to  vote  it  again  :  But  do  defire 
their  Lordfhips  would  vote  the  fending  of  10,000 
Scots  over,  by  itfelf,  without  any  Relation  to  the 
Englijh,    and    that    fpeedily,    the  Safety  of  Ire- 
land  depending  upon   it ;  for  they  conceive  the 

liJb  cannot  go  untill  the  Prefs- Act  pafles.' 
After 


I2O     *Ibc  Parliamentary 

/.n.  17.  Car.  I.  After  the  hearing  of  this,  the  Lords  went  into  a 
J  '  Debate  of  the  Matter,  and.came  to  this  Refolution, 
Nem.  Con.  'That  10,000  Engtijb  and  1 0,000  Scots 
{hall  be  fent  into  Ireland;'  and  fome  Members  of 
^  otner^oulc  waiting  in  the  Painted-Chamber- for 
feut'an  Anfwcr,  the  Lords  fent  to  acquaint  them  with 
t  this  Vote.  It  was  likcwife  ordered  by  the  Lords, 
'  That  the  Committee  for  keeping  a  good  Cor- 
refpondency  between  both  Houfes,  ihould  meet  on 
Friday  next,  to  take  into  Confideration  this  laft 
Mefiagefrom  the  Commons. Both  Houfes  ad- 
journed to  the  23d,  on  account  of  the  Faft-Day. 

December  23.  Some  other  Affairs,  relating  to  the 
Scots  Commiflioners,  were  tranfacled,  not  very  ma- 
terial ;  but,  on  this  Day,  another  Matter  happen- 
ed, which  pccafioned  a  frefh  Rupture  between  the 
The  Commons    two  Houfes.   The  Houfe  of  Commons  reprefented 
defire  the  Lords  to  the  Lords,  that  they  had  received  Information 
to  join  in  a  Pe-  that  Sir  J'/ili'utm  B  a  If  our  ^  Knt..  Lieutenant  of  the 
titlon.forTremo-T<7^r  of  London,  approved  for  his  Fidelity  %  was 

ving  tne  i_.ieute-'  .- .  .    •-«.  H  /"i    i         i    r         A      i 

nant  of  the        Put  out  °*  his  Flace,  and  one  Colonel  Lunsjord  put 
ffower  i  in  j  a  Man  very  unfit  to  be  trufced  with  a  Poll  of 

that  Importance. 

To  back  this,  the  Commons  fent  up  a  Petition 
from  divers  Common-Council-Men  and  others  of 
the  City,  giving  a  very  bad  Character  of  the  faid 
Colonel,  and  cf  which  they  inftanced  fome  Cir- 
cumftances  :  That  he  was  a  Man  of  decayed  and 
defperate  Fortune;  an  Outlaw j  and  one  fufpected 
to  be  not  right  in  his  Religion,  fince,  in  the  Time 
he  was  an  Officer  in  the  King's  Army  in  the  North, 
he  did  not  go  to  Church,  though  defired  :  There- 
fore they  requeued  the  Lords  to  join  with  them  in 
a. Petition  to  the  King,  to  remove  him,  and  put 
Sir  John  Corners  in  his  Room.  After  a  long  De- 
bate, next  Day,  on  this  Affair,  the  Queftion  was 
Which  the  Lords pUt'  ^Yllether  that  Houfe  ihould  join  with  the  Ccm- 
rcfufc.  '  SMons  in  the  Matter  of  this  Petition?  It  was  refol- 
ved  in  the  Negative  ;  and  order'd  that  they  fliould 
be  acquainted  therewith. 

The 

<J   In  theCufe  of  the  Earlof Stafford' s  intended  Elcape.     Sec 


-.Of    E  N  G  LAN  D.        121 

The  Reafon  of  the  Lords  refufing  to  join  in  this  An.  ry.  Car.  i, 
Petition,  was,  That  they  took  the  placing  ordif-        l6+I- 
placing  of  the  Kina;'s  Officers  to  be  a  Branch  of   *7r~v~~~l 

,          Ueceniuer. 

his  Prerogative  j  and  therefore  they  would  not  med- 
dle with  it. 

TheHoufe  of  Commons,  on  this  Refufal,  pafled 
the  following  Vote :  Refolved,  Nem.  Con.  That 
this  Houfe  holds  Colonel  Lumford  unfit  to  be,  or 
continue,  Lieutenant  of  the  Tower,  as  being  a  Per- 
fon  whom  the  Commons  of  England  cannot  con- 
fide in.'  Another  Conference  was  alfo  held  upon 
this  Subject;  which  was  thus  reported  by  the  Lord- 
Keeper,  *  That  the  Houfe  of  Commons  greatly 
defired,  that  both  Houfes  might  have  joined  toge- 
ther in  an  humble  Petition  to  his  Majefty,  for  re- 
moving Colonel  Lunsford  from  being  Lieutenant 
of  the  Tower  of  London  :  That  they  fay,  they  find 
ill  Confequences  already  by  his  being  in  that  Office ; 
for  Merchants  have  already  withdrawn  their  Bul- 
lion out  of  the  Mint ;  and  Strangers,  who  have 
Ships  lately  come  with  great  Store  of  Bullion,  do 
forbear  to  bring  it  into  the  Mint,  becaufe  he  is  Lieu- 
tenant of  the  Tower  ;  and,  by  this  Means,  Money 
will  be  fcarce  to  come  by,  which  will  be  prejudicial 
and  obstructive  to  the  prefiing  Affairs  of  Ireland : 
That  the  Houfe  of  Commons  took  it  much  to 
Heart,  that  their  Lordfhips  did  not  join  with  them 
to  petition  his  Majefty  ;  whereupon  they  have 
made  a  Declaration  for  themfelves,  and  defire  that 
the  fame  may  be  entered  into  the  Journal-Book  of 
this  Houfe,  as  they  have  done  the  like  in  their 
Houfe';  which  was  read  in  thefe  Words  : ' 

«  "\T  TE  the  Knights,  Citizens,  and  Burgefles,., 

«     V  V     of  the  Commons  Houfe  of  Parliament,  of  the  Common11. 

*  being  very  fenfible   of  the  great  and  imminent  thereupon. 
'  Danger  of  the  Kingdom,  through  the  Defigns  of 

'  the  Papifts,   and  other  Perfons  difarFecled  to  the 

*  public  Peace  ;  and  finding,  by  frequent  and  im- 

*  minent  Symptoms,  that  the  fame  groweth  very 
'  near  to  Maturity,  amongft  which  we  reckon  this 
'  not  to  be  the  leaft,  That  the  Tower,  being  a  Place 

•of 


1 2  2      Tlx  Parliamentary  Hi  s  T  OR  v 

An.  17.  Car.  I. '  of  fuch  Importance  to  the  Safety  of  the  City  and 

the  whole  Kingdom,  (houkl  be  put  into  the  Hands 

December      '  °f  a  Man  fo  unworthy,  and  of  fo  dangerous  a 

*  Difpofition,  as,  by  divers  Tefti monies,  Colonel 

*  Lunsford  is  affirmed  to  be  ;  which  caufed  us  Ye- 

*  Irerday,  upon  tht  Petition  of  the  City  of  London^ 

*  to  delire  your  Lordihips  to  join  with  us   in  an 

*  humble  Suit  to  his  Majefty,  that  a  Place  of  that 

*  great  Confequence  might  not  be  difpofed  in  fuch 

*  a  Manner  as  to  hazard  the  Safety,  Peace,  and 

*  Content  of  the  City  and  of  the  whole  Kingdom  ; 

*  and,  perceiving  that  your  Lordftnps  have  refuftd 

*  to  join  with  us  in  fo  important  and  neccM'ary  a 

*  Rcqueft,  do  hereby  declare,  before  God  and  the 

*  whole  Kingdom,  That,  from  the  Beginning  of 

*  this  Parliament,  we  have  done  our  uttermoli:  to 

*  prefcrve  the  State  from  Ruin  ;  and  having,  thro' 

*  God's  Blefiing,  prevailed  fo  far,  that  the  Defign 
'  of  the  Irijh  Army  of  Papifts  ;  the  other  Defigns 
'  of  bringing  up  the  Englifi  Army,  fevera!  Times 

*  attempted  ;  a  former  Plot  of  polleffing  the  Tower, 

*  without  which  Treafon  could  not  be  ibmifchie- 

*  vous  to  the  State,  were  all  prevented  ;  although 

*  ftrongly  bent  to  the  Deftrtidion  of  Religion,  the 
4  Parliament  and   the  Commonwealth  :    We  do 

*  now  find  ourfelves  encountered  with  as  great  Dif- 

*  fkulty  as  ever,  the  Papiits  Rebellion  in  Irshnd^i- 

*  ving  fuch  Encouragement  to  the  malignant  Partf 

*  here,  and  they  Hkewife  receiving  fuch  Adviintage, 

*  by  the  Delays  and  Interruptions  which  we  have 

*  received  in  the  Hoi-k-  of  Peers,  as  we  conceive,  by 

*  the  great  Number  of  Bifhops  and  Papirts,  notori- 
4  oufly  difaffe&ed  to  the  Common  Good  :  And  do 

*  therefore  hold  ourfelves  bound  in  Ccnifcience  to 
'  declare  and  protcft,  That  we  are  innocent  of  the 

*  Blood  which  is  like  to  be  frilt,  and  of  the  Confu- 
'  ftons  which  may  overwhelm  this  State,  if  this 

*  Perfon  be  continued  in  his  Charge  ;  and  do  intend 

*  to  refort  to  his  Majefty,   in  an  humble  Petition, 

*  that  he  will  be  pleafed  to  afford  us  his  Royal  Pro- 

*  tecYion,  that  the  Kingdom  and  ourfelves  may  be 

*  prefcrved  from  this  wicked  and  dangerous  Deiign; 

*  and 


Of     ENGLAND.       123 

c  and  that  he  will  grant  fuch  Commiffions  and  In- 

*  ftru&ions   as  may  enable  us  to  defend  his  Royal 
«  Perfon,  and  his  loyal  Subjects,  from  the  Cruelty 
'  and  Rage  of  the  Papifts,  who  have  long  plotted 
x  and  endeavoured  to  bring  in  a  bloody  Change  of 
c  Religion,  to  the   apparent  Ruin  of  the    whole 

*  Kingdom  ;  and  if  any  of  your  Lordfliips  have  the 
'  fame  Apprehenfions  that  we  have,  we  hope  they 

*  will  likewife  take  fome  Courfe  to  make  the  fame 
4  known  to  his  Majeily  ;  and  will  further  do  what 
'  appertains  to  Perfons  of  Honour  and  Fidelity  for 
'  the  Common  Good.' 

After  the  reading  of  this  Paper  it  was  moved,  by 
fome  Lords,  to  adjourn  the  Debate  of  this  Matter 
till  Monday  the  2jth  ;  others  propofed  it  might  be 
debated  prefently.  And  the  Queftion  being  put, 
Whether  the  Debate  upon  this  Report  fhall  be  put 
off  untill  Monday  next,  or  not  ?  it  was  refolved  in 
the  Affirmative.  Whereupon  the  following  Pro- 
teft  was  entered  in  their  Journals : 

'  TN  refpecl  the  Conference  brought  up,  and  re- AProteft  of  fome 

*  i  ported  from  the  Houfe  of  Commons,  doth, £««<»  «•»» 
1  as  it  is  thereby  declared,  concern  the  inftant  Good    c< 

*  and  Safety  of  the  King  and  Kingdoms  j  We  do 
'  proteft  againft  the  deferring  of  the  Debate  thereof 

*  untill  Monday*  to  the  end  we  may  difcharge  our- 
'  felves  of  any  ill  Confequence  that  may  happen. 

NORTHUMBERLAND,  HOLLAND, 

Lord  Admiral,  CLARE, 

ESSEX,  Lord  Chamber-  STAMFORD, 

Iain,  WHARTON, 

PEMBROKE,  ST.  JOHN, 

BEDFORD,  SPENCER, 

WARWICK,  NORTH, 

BoLINGBROKE,  KvMBOLTON, 

NEWPORT,  BROOK, 

SAY  and  SELE,  GREY  de  Werke, 

SUFFOLK,  ROBERTS, 

CARLISLE,  HOWARD  de  Efcrick. 

Botfc 


124     The  Parliamentary  HISTORY 

An.  17.  CJT.  I.      Both  Houfes,  on  account  otCkriftmas,  adjourned 
tvvo  ^ays>  being  the  I  aft  Time  that  Feftival 
wab  °^^erve^  at  a^  b    tms  Parliament. 


December  27.  This  Day  another  Affair  \vnsftarted 

in  the  rioufe  of  Lords!     Information  was  given  to 

that  Houfe,  that  fome  Members  of  both  Houics  have- 

had  faife  Rumours  reported  of  them  :  That  during 

Complaint  c-n-  the  Time  the  King  was  laft  in  Scotland^  it  was  told 

SXSi&he  Queen,  That,  at  a  Meeting  at  Kenfmgton,  (  where 

fceinr,  in  a  Plot  the  Earl  of  Ejjcx,  the  Earl  of  Newport^  the  Lord 

for  leizing  the     Vifcount  Say  and  Scle>  the  Lord  Manihvllie^   the 

SnTreflf11"    Lord  ^^rton,  Members  of  this  Houfe  ;  and  the 

Lord  Dungarvon,  Mr.  Nathaniel  Plenties,  Sir  John 

..Clctwortby,  and  Mr.  John  Pymme,  Members  of 

the  Houfe.  of  Commons,  were  prefent)  upon  a  Dif- 

courfe  of  Plots  that  fhould  be  done  in  this  King- 

<Jom  or  in  Scotland^  the  Earl  of  Newport  (houkl  fay, 

If  there  be  fucb  a  Plot^  yet  here  are  bis  Wife  and 

Children  ;  meaning  tliat  the  Perfons  of  the  Queen 

and  her  Childreji  fhould  be  feized  upon. 

L^pon  this  the  Earl  of  Newport  ftood  up,  and 
gave  the  Houfe  this  Account,  That,  hearing  of  fuch 
an  Information  which  had  bten  prefented  to  the 
Queen,  he  went  with  fome  other  Lords  and  waited 
on  her  Majefty  ;  and,  with  many  Proteftations,  af- 
lured  her,  That  never  any  fuch  Words  were  fpo- 
_ken,  nor  the  Icaft  Thought  thereof  conceived  of 
any  fuch  FaiSi  ;  with  which  the  Queen  feemed  to 
reft  fatisfied":  But,  upon  Friday  laft,  his  Majefty 
afked  him,  jyicilcr  'he  />«?;Y/  cny  Debate  at  Ken- 
hiig'.on,  <  .  .'you  the  Qiteen  and  her  Chil- 

dren; which  the  Earl  denying,  his  Majefty  replied, 
That  be  was  forry.for  bis  Lordft/lp's  ill  Memory. 

The  Houfe  confidering  this  Information  to  be 
of  Confequence  ;  and,  becaufe  feveral  Members 
of  the  Commons  were  concerned  in  it,  refolved 
to  have  a  Conference  with  that  Houfe  about  it  ; 
that  fo  they  might  fearch  into  this  Bufmefs,  and 
that  the  Bottom  of  it  might  be  found  out,  and  the 
Reporter  of  this  falfe  Rumour  brought  to  condign 

Pu- 


Of    E  N  G  L  A  N  D.       125 

Punifliment:  And  the  Lord  Archbifhop  of  Tork 
the  Lord-Admiral,  Earl  of  Brijtol,  Earl  of  ffil&niil, 
Lord  Roberts,  and  Lord  &re;/7,  were  ordered  to 
draw  up  Heads  for  that  Conference, 

December  28.  Mr.  Glynne  prefenred  from  the 
Committee  appointed  to  draw  up  a  Petition  to  be 
prefented  to  his  Majefty,  concerning  a  Scandal  laid 
upon  fome  Members  of  both  Houfes,  the  following, 
which  was  agreed  to. 

To  the  K I N  G's  Moft  Excellent  Majefty, 

The  HUMBLE  PETITION  of  the  LORDS  and 
COMMONS  in  thisprefertt  Parliament  aflernbled. 

'  ^\7l  7^ereas»  during  the  Time  of  your  Maje-T},e  pet;tion  of 
'     VV     %'s  l^ft  being  in  Scotland,  the  Qween'sboth  Houfes 
'  Majeity  received  Information,  That,  at  a  Meet- thereupon. 
'  ing  in  Kenjin  ion,  where  the. Earl  of  Ejftx,  the 
'  Earl  of  Newport,  the  Lofd  Vifcount  Say  and  Sele^ 
'  the  Lord  Mandeu'lle,  the  Lord  IVfrarton,  Mem- 
bers of  the  Lords  lioule  ;  the  Lord  Dungarvon, 
'  Mr.  Nathaniel  Fiem:es,  Sir  'John  Chtworthy,  and 

*  Mr.JoLfi  L  nbers  of  the  Houfe  of  Com- 

*  mons,  were  all  prcfent,  when  in  Difcourfe  of  fome 
'  Plots  that  mould  be  done  in  this  Kingdom,  or 
'  in  Scotland,   the  Earl  of  Newport  fhould   fay,  If 
1  there  be  fuch  a  Plot,  yet  here  are  his  Wife  and 
'  Children;   insinuating;  the   lame  to  fignify,  that 
'  the  Perfons  of  her  Majefty,  and  her  Children, 
'  mould  be  feized  upon : 

*"And  whereas  your  Majefty,  upon  Friday  laft, 
'  was  pleafed  to  demand  of  the  Earl  of  Newport^ 
'  Whether  his  Lord  (hip  heard  any  Debate  at  Ken- 

*  fm*ton,  about  ieizing  upon  the  Q^ieen  and  her 
'  Children  ;  which  when  his  LonHhir>  had  denied, 
'  with  many  and  deep  Afleverations,  your  Majefty 

*  replied,  "That  be  was  to  tell  your  Majejly  no  mire 
'  than  you  knew  already  ;  and  therefore  jhculd  conji- 
'  der  well  what  he  Jhauld  anfwer  :  And  his  Lord- 
'  (hip  denying  it  the  fecond  Time,  your  Majefty, 

*  parting  from  him,  replied,  You  were  firry  for  his 

f  ill 


126    The  Parliamentary  HISTORY 

An.  17.  Car.  I. '  ill  Memory ;  feeming  thereby  to  give  Credit  to 

1641.        <  that  Information. 
^    v^r"-'         *  Which  Information  and  Report  tend  not  only 

*  to  the  great  Scandal  of  the  Members  of  both  Hou- 
c  fes  of  Parliament  before-named,  but  exprefs  an 
'  Endeavour  to  ftir  up  Jealoufies,  and  work  aDi- 
'  vifion,  between  your  Majefty  and  your  Parliament. 

'  It  is  therefore  the  humble  and  inftant  Defire  of 
'  theLords  and  Commons  in  this  Parliament,  That 

*  your  Majefty  will  be  pleafed  to  declare  who  was 

*  the  Reporter,  or  Reporters,  of  thofe  Words  pre- 

*  tended  to  be  fpoken  at  Kenjingtan  by  the  Earl  of 

*  Newport ;   and  that  your  Majefty  will  be  likewife 

*  pleafed  to  move  her  Majefty  to  difcover  who  ae- 

*  quainted  her  therewith  :  And  this,  as  your  great- 

*  eft  and  moft  faithful  Council,  they  advife  your 

*  Majefty  to  perform ;  the  Exigency  of  the  Affairs 
'  of  both  Kingdoms  being  fuch  as  necefTarily  require 

*  a  fudden  Remedy  ;  which  cannot  expect  any  Pof- 
c  fibility  of  Succefs,  without  aright  Underftanding 

*  between  your  Majefty  and  the  Parliament :  The 
'  only  Way  of  effecting  whereof  is,  by  the  prefent 

*  Difcovery  and  Removal  of  ill  Counfels  and  falfc 
'  Informers  ;  which,  to  our  great  Grief,  we  have, 

*  by  Experience,  found  to  be  too  frequent  and  ac- 

*  tive  in  thefe  dangerous  Times. 

This  Petition  having  been  prefented  to  the  King, 
his  Majefty  returned  the  following  Anfwer  : 

My  Lords  and  Gentlemen, 

The  King's  An-  TT  is  true  that  I  have  heard  Rumours  of  fame  Pro- 
r-wer.  _/  p0ftti0ns  that jhould have beenmadeat  Kenfington, 

for  the  feizingof  the  Perfons  of  my  Wife  and  Chil- 
dren. And,  in  Things  of  fo  high  a  Nature,  it  may 
be  fit  for  any  Prince  to  inquire,  aven  where  he  hath 
no  Belief  nor  Ptrfuajion  of  the  Thing  ;  fo  I  have  ajk- 
ed  Nevvporty«//^  Quejlions  concerning  that  Bufmefs, 
but  far  from  that  Way  of  expr effing  a  Belief  of  the 
Thing,  which  Newport  bath  had  the  Boldnefs  and 
Confidence  to  affirm ;  which  1  could  ectfily  makt  appear, 
but  I  think  it  beneath  nit  to  conteft  with  any  particular 

Perfon. 


Of    E  N  G  L  A  N  D.       127 

Perfon.   But  let  this  fujficc,  That  I  afore  you,  I  net-  An.  17.  Car.  I. 
tber  did  ner  ds  give  Credit  to  any  fuch  Rumour.   As 
for  telling  the  Name  of  him  who  informed  me,   I  d 
ftick  to  the  Ani'iver  which  I  gave  to  your  Uiji  Petitio 
u-frtn  the  like  Particular. 

Multitudes  of  People  Wing  this  Day  aflemhled,  Riots  and  Tu- 
rn all   the  Places  leading  to  both  Houfes  of  Par-  mults  about  both 
liamcnt,  the  general  Cry  of  whom  was,  No  Rijf>ops9  Hcufes  increale» 
No  Bijkops  ;  a   Fray  enfued,  in  which  Ionic  Gen- 
tlemen, of  the  oppoiite  Party,  drew  their  Swords, 
and  wounded  fome  of  the  Mob  :    Hereupon  the 
Lords  fent  to  defire  a  Conference  with  the  other 
Houfe  on  thefe  Heads  ; 

I//,  To  deftre  the  Houfe  of  Commons  to  join  Votes  and  Orders 
with  them  in  a  Declaration,  to  be  printed  and  pub-  °£ the  Lords 
liihed,  of  their  Difiike  of  the  afiemblmg  of  the 
People  in   fuch  Companies    and    Diforders  about 
the  Houfes  of  Parliament  r. 

Zflty,  Likewife  to  de-fire  his  Majefty,  That  the 
H'.nifes  of  Parliament  may  have  a  Guard  ;  and  that 
the  Commons  would  give  an  Anlwer  with  fuch 
Speed  as  the  Necelfity  of  the  Occafton  required. 

This  Day,  alfo,  it  was  refolved  by  the  Lords, 
upon  the  Queftion,  4  That  this  Parliament  is  a  free 
Parliament  at  this  prefent.' 

December  29.  The  Lords  began  again  with  the 
Bufinefs  of  the  Tumults,  and  ordered  the  Sheriffs  of 
London  and  Middlefcx,  and  fome  of  the  Juftices  of 
Peace  for  H/c/hnin/far,  to  attend  their  Houfe,  and 
give  Reafons  why  they  had  ne^leded  to  prevent  the 
Coining  of  the  Concourte  of  People  to  that  Place  ; 
and  why  they  have  neglected  to  obferve  the  King's 
Writ,  for  fupprefling  and  preventing  of  Tumults 
and  Riots.  Tlrey  anfwered,  'That  the  Juftices 

of 

r  Lord  Clarendon  writes,  '  That  upon  the  Receipt  of  this  Mef- 
fage  in  the  Houie  of  Commons,  fome  Members  urged,  '  That  they 
'  tnuft  not  difcourage  their  Friends,  this  being  a  Time  they  muft 
'  make  tile  of  all  Friends  j  Mr.  Pytnmc  himfelf  laying,  '  Godforbid 
'  the  Houfe  of  Commons  fliould  proceed  in  any  Way  to  dUhearteu 
*  P«ople  to  obtain  ibeir  juft  Defirss  in  fiuh  a  Wjy.' 

Vtl.I.I-vo.  Edit.  f.  336. 


128      The  Parliamentary  HISTORY 

An,  17.  Car,  I.  of  the  Peace  opened  the  Writ,  and  granted  out 
1641.  Warrants  to  the  Conftables,  who  fent  Guards  to 
*JT  v  J  the  Houfes  of  Parliament}  and,  upon  this,  they  were 
queftioned  by  the  Houfe  of  Commons,  and  the 
Guards  difmiffed.'  Hereupon  the  Judges  were  or- 
dered to  withdraw,  to  confider  what  was  fit  to  be 
done  ;  who  returned  for  Anfwer,  '  That  the  bell 
Way  to  fupprefs  Tumults,  was  to  put  in  Execu- 
tion the  Statute  of  13.  Henry  IV.  Cab.  7.'  This 
not  being  thought  fufficient,  they  were  again  afked, 
What  was  the  ufual  Practice,  in  other  Courts,  to 
prevent  Tumults  and  Routs  ?  The  Judges  faid, 
*  That  it  was  ufual  in  their  Courts,  at  Alfizes,  to 
prevent  fuch  Diforders,  for  the  Sheriff  of  the  Coun- 
ty to  attend  all  the  while,  with  a  competent  Num- 
ber of  Men.'  Upon  which  the  Lords  ordered, 
'  That  the  Under-fheriff  of  Middhfex,  and  two  of 
the  Juilices  of  Peace  for  Wefiminftef)  fliould  here- 
after attend  that  Houfe,  de  Die  in  Diem,  and  receive 
Directions  from  them  for  the  fuppreiling  of  fuch 
Tumults.' 

In  a  Debate  in  the  Houfe  of  Commons  this  Day, 
onthefe  riotous  Proceedings,  we  meet  with  a  Speech 
of  one  Mr.  Smith,  in  thefe  Words  s  : 

Mr.  Speaker, 

Mr.  Smiths  '  fT^HE  Bufinefs  we  have  now  in  Agitation  (con- 
-  1  cernmg  the  7r/#  Affairs,  and  the  Treaty 
on  this  with  the  Scots  Commiflioners  for  their  timely  Aflift- 
Occafion.  ance  of  Aid,  being  to  be  determined  this  Day)  is  of 
great  Confequence  and  Weight  ;  even  of  fuch  Im- 
portance, that  I  have  not  read  of  greater.  When 
the  greateft  Troubles  were  in  that  Kingdom,  in 
Queen  Elizabeth's  Reign,  of  good  Memory,  thefe 
Troubles,  being  comparatively  fimilized  with  them  , 
are  of  far  greater  Danger  :  And  I  would  to  God  we 
might  fo  agree  with  the  Lords,  that  a  fpeedy  Con- 
currence might  be  had  with  the  Scots,  towards  the 
Relief  of  Ireland. 

<  Yet 

'From  the  original  Edition,  printed  by  j^M  Refer,  1641.  It»s 
neither  in  Rujfavortb  or  Nalfon.  There  being  levcn  Members  of 
the  Name  of  Smith,  we  cannot  diftinguifh  which  of  them  fpoke  on 
this  Occafion. 


mo 


Of    E  N  G  L  A  N  D.       129 

e  Yet  notwithftanding,  Mr.  Speaker,  the  Great- An-  J7-  Car. 
nefs  of  this  Rebellion,  and  moft  outrageous  Cruel-        J      ' 
ties  committed  daily  by  the  Rebels,  hazarding  hear-     December^ 
ly  the  Lofs  of  that  Kingdom,  without  fpeedy  Help, 
(which  takes  up  all  our  Debates  and  Arguments)  if 
we  remove  not  therewith  all  fuch  Impediments 
liere  at  home,  as  do  hinder  our  fpeedy  Proceeding, 
not  only  in  that  Bufmefs,  but  in  the  fettling  of  the 
Peace  and  Quiet  of  this  Kingdom,  all  our  Endea- 
vours in  the  iuppreffing  the  Rebels  in  Ireland  will 
little  avail. 

'  Mr.  Speaker,  under  Favour  of  this  Honourable 
Aflembly,  I  intend  to  give  you  a  Touch  of  fuch 
Lets  which  do  much  hinder  us,  as  I  conceive,  in 
expediting  the  great  Affairs  of  Church  and  State, 
and  our  Proceedings  againft  Incendiaries  and  De- 
linquents in  the  fame. 

'  We  have  daily,  you  know,  Mr.  Speaker,  re- 
ceived Petitions  from  the  Citizens  of  London,  fome 
of  them  having  been  delivered  by  good  Hands,  and 
Men  of  good  Worth  and  Quality  ;  which  we  have 
willingly  taken,  and  I  doubt  not  but  we  {hall,  in 
due  Time,  give  them  good  Satisfaction  in  anfv/er- 
ing  of  them. 

*  Likewife  we  have  received  Petitions  from  abrupt 
and  difofderly  Perfons,  without  any  Matter  that 
may  deferve  our  Confideration ;  but  are  fitter  to  be 
rejected,  as  I,  under  Favour,  conceive. 

'  But,  Mr.  Speaker,  that  which  I  intend  to  in- 
timate to  you,  as  the  greateft  Stop  to  our  Proceed- 
ings, is  the  riotous  and  tumultuous  Afiembly  of vain 
and  idle  Perfons ;  who  prefume  to  begirt  our  Houfe, 
not  only  in  an  irregular  Manner  to  prefer  their  Pe- 
titions, but,  with  open  Clamour,  would  prefcribe  us 
what  Laws  to  enact,  and  what  not ;  what  Perfons 
to  profecute,  and  who  not. 

'  Thefe  tumultuous  Perfons,  Mr.  Speaker,  take 
up  a  great  deal  of  our  precious  Time  in  anfwering 
and  appeafing  them  ;  when,  as  I  conceive,  other 
Bufmefs,  more  nearly  concerning  the  Welfare  and" 
Security  of  his  Sacred  Majeftv  and  his  Kingdoms,' 

VOL.  X.  I    '  lres; 


130     'The  Parliamentary  HISTORY 

.  lies  even  as  it  were  gafping,  and  ready  to  perifli 
for  want  of  our  timely  Afliftance. 

4  Mr.  Speaker,  our  Patience,  I  perfuade  myfelf, 
is  one  of  the  greateft  Caufes  that  animates  and  en- 
courages thefe  illegal  Outrages  ;  and  if  fome  Re- 
bukes were  miniftred  from  the  Houfe  to  them, 
they  would  not,  furely,  be  fo  audacious. 

4  It  is  true,  Mr.  Speaker,  I  confefs,  that  their 
Trading  is  decayed,  and  it  is  hard  for  many  of 
them  to  fubfift  with  their  Families,  occafioned  by 
our  flow  Proceedings  againft  Delinquents ;  the  Rea- 
fon  whereof  'they  are  uncapable  of  judging,  nei- 
ther, as  I  conceive,  fhould  they  be  made  acquain- 
ted with,  otherwife  than  to  underftand  that  their 
unfeafonable  and  unfitting  Repair  to  this  Houfe  is 
one  principal  Caufe  thereof. 

4  Therefore,  Sir,  I  conceive,  the  beft  and  fpee- 
dieft  Means  for  fupprefling  of  thefe  Tumults  will 
be,  to  have  a  Ariel:  Guard  kept  about  the  Houfe, 
with  a  Command  not  only,  by  Perfuafion,  to  avert 
their  Rcfort  hither,  but  to  fhoot  at  them,  if  they 
cbftinately  refufe  to  be  perfuaded  ;  and  likewife 
that,  in  the  City  of  London  and  Suburbs,  diligent 
Search  may  be  made  for  Papifts  and  Recufants,  by 
fome  trufty  Officers  appointed  by  the  Houfe  for  that 
Purpofe,  who  foall  apprehend  them,  if  they  find 
them  armed  with  any  Weapons,  and  bring  them, 
before  a  Committee,  for  Examination,  appointed 
for  that  Purpofe  :  For,  Mr.  Speaker,  Papifts,  as 
well  as  others,  refort  hither  from  feveral  Places, 
as  I  am  informed;  which  thefe  tumultuous  Perfons 
pretend  is  one  great  Caufe  of  their  meeting  here ; 
and  when  they  perceive  that  Papifts  and  Recufants 
are  profecuted  according  to  the  Laws  of  this  King- 
dom,-in  that  Cafe  enacted,  they  will  have  lefs 
Caufe.  to  trouble  us.  This  is  my  humble  Motion. 

4  And  truly,  Sir,  if  I  may  fpeak  my  Mind  here- 
in, I  perfuade  myfelf  that,  unlefs  the  Laws  be  put 
in  Execution,  and  that  with  Severity  and  Speed,  a- 
gainft  fome  of  the  greateft  Recufants,  to  make  them 
exemplary  to  the  reft,  neither  this  City,  nor  other 

Places 


Of    E  N  G  L  A  N  D.      131 

Places  of  this  Kingdom,  can  be  fecure  from  their  An<  I7>  car> 
Devililh  Practices  and  Plots  ;   and  that  our  too  fa-        1641. 

vourable  Proceeding  againft  them,  if  fo  continued,     ^ v'-— ' 

may  caufe  our  too  late  Repentance,  if  any  of  their  Decem!>er'' 
perverfe  and  wicked  Stratagems  mould  take  EfFe6t, 
which  God  forbid.  And  I  heartily  wifh  that  inch 
Courie  may  be  taken,  by  the  Bleiftng  of  the  Al- 
mighty on  our  Endeavours,  that  all  the  Inhabi- 
tants of  his  Majefty's  Kingdoms,  that  are  true 
Chriftians  and  loyal  Subjects,  may  for  ever  lye 
down  in  Peace  and  rife  in  Safety,  to  which  I  fliall 
always  fay  Amen.' 

We  find  alfo  a  Speech  of  Bifhop  /fa//*s,  about 
this  Time,  in  the  Houfe  of  Lords,  but  the  Day  is 
not  mentioned.  This  Speech  is  the  laft  made  in 
that  Houfe,  by  one  of  his  Order  q. 

My  Lords, 

*  T  Have  long  held  my  Peace,  and  meant  to  haveBp.  Ha/rs 

|_  done  fo  ftill ;  but  now,  like  to  Crocus's  mute  Speech  in  De- 
Son,  I  muft  break  Silence  :  I  humbly  befeech  your  ^e"ceolf  the 

Ijf,  .  .  T  11-  •    n  Church  and 

vordmips  to  give  me  JLeave  to  take  this  too  juitciergv> 

Occafion  to  move  your  Lordmips  to  take  into  your 
deep  and  ferious  Cbnfideration,  the  woful  and  la- 
mentable Condition  of  the  poor  Church  of  England, 
your  dear  Mother.  My  Lords,  this  was  not  wont 
to  be  her  Style  :  We  have  heretofore  talk'd  of  the 
famous  and  flourifhing  Church  of  England ;  but 
now  your  Lordmips  muft  give  me  Leave  to  fay, 
that  the  poor  Church  of  England  humbly  proftrates 
herfelf  at  your  Lordftiips  Feet,  (next  after  his  Sa- 
cred Majefty)  and  humbly  craves  your  Compaf- 
fion  and  prelent  Aid. 

*  My  Lords,  it  is  a  foul  and  dangerous  Infolence 
this,  which  is  now  complained  of  to  you  ;  but  it  is 
but  one  of  a  hundred  of  thofe  which  have  been  of 
late  done  to  this  Church  and  Government. 

*  The  Church  of  England,  as  your  Lordmips 
cannot  chufe  but  know,  hath  been,  and  is  mifera- 
bly  infefted  on  both  Sides  ;  with  Papifts  on  the  one 

I  2  Side, 

«  From  the  Edition  of  his  Works,  in  Fc.'io,  1683, 


132      The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Side,  and  Schifmaticks  on  the  other.  The  Pfahnijt 
hath,  of  old,  diftinguifti'd  the  Enemies  of  it  into 
wild  Boars  out  of  the  Wood,  and  little  Foxes  out 
of  the  Boroughs  ;  the  one  whereof  goes  about  to 
root  up  the  very  Foundations  of  Religion ;  the  other, 
to  crop  the  Branches,  and  Bloflbms,  and  Clufters 
thereof;  both  of  them  confpire  the  utter  Ruin  and 
Devaftation  of  it :  As  for  the  former  of  them,  I  do 
perceive  a  great  deal  of  good  Zeal  for  the  Remedy 
and  SupprelHon  of  them  ;  and  I  do  heartily  con- 
gratulate it,  and  blefs  God  for  it,  and  befeech  him 
to  profper  it  in  thofe  Hands  who  fhall  undertake 
and  profecute  it ;  but  for  the  other,  give  me  Leave 
to  fay,  I  do  not  find  many  that  are  fenfible  of  the 
Danger  of  it,  which  yet,  in  my  Apprehenfion,  is 
very  great  and  apparent. 

'  Alas !  my  Lords,  I  befeech  you  to  confider 
•what  it  is  that  there  (hould  be  in  London^  and  the 
Suburbs  and  Liberties,  no  fewer  than  fourfcore 
Congregations  of  feveral  Sectaries,  as  I  have  been 
too  credibly  informed,  inftructed  by  Guides  fit  for 
them,  Coblers,  Taylors,  Felt-makers,  and  fuch- 
Jike  Tram,  which  are  all  taught  to  fpit  in  the  Face 
of  their  Mother,  the  Church  of  England,  and  to  de- 
fy and  revile  her  Government :  From  hence  have 
illued  thofe  dangerous  Affaults  of  our  Church-Go- 
vernors ;  from  hence  that  Inundation  of  bafe  and 
fcurriious  Libels  and  Pamphlets,  wherewith  we  have 
been  of  late  over-borne,  in  which  Papifts  and  Pre- 
lates, like  Oxen  in  a  Yoke,  are  ftill  match'd  toge- 
ther. Oh !  my  Lords,  I  befeech  you  that  you  will 
be  fenfible  of  this  great  Indignity  :  Do  but  look 
upon  thefe  Reverend  Perfons :  Do  not  your  Lord- 
Ihips  fee  here  fitting  upon  thefe  Benches,  thofe  that 
have  fpent  their  Time,  their  Strength,  their  Bodies, 
and  Lives,  in  preaching  down,  in  writing  down, 
Popery  ?  And  which  would  be  ready,  if  Occafion 
effer'd,  to  facrifice  all  their  old  Blood  that  remains, 
to  the  Maintenance  of  that  Truth  of  God,  which 
they  have  taught  and  written ;  and  fliall  we  be 
thus  defpitefully  ranged  with  them,  whom  we  do 
thus  profefiedly  oppofe  ?  But,  alas  !  this  is  but  one 


Of    ENGLAND.       133 

of  thofe  many  fbandalous  Afperfions,  and  intolera- An.  17.  Oar.  I, 
ble  Affronts,  that  are  daily  caft  upon  us.  1641. 

*  Now,  whither  fhould  we,  in  this  Cafe,  have    * v— -^ 

Recourfe  for  a  needful  and  feafonable  Redrefs  ?  The  ] 
Arm  of  the  Church  is,  alas !  now  fhort  and  finew- 
lefs ;  it  is  the  interpofing  of  your  Authority  that 
muft  refcue  us  :  You  are  the  eldeft  Sons  of  your 
dear  Mother  the  Church,  and  therefore  moft  fit  and 
moft  able  to  vindicate  her  Wrongs :  You  are  Amid 
Sponfes ;  give  me  Leave,  therefore,  in  the  Bowels 
of  Chrljl,  humbly  to  befeech  your  Lordfhips  to  be 
tenderly  fenfible  of  thefe  woful  and  dangerous  Con- 
ditions of  the  Times  ;  and  if  the  Government  of 
the  Church  of  England  be  unlawful  and  unfit,  a- 
bandon  and  difclaim  it ;  but,  if  otherwife,  uphold 
and  maintain  it:  Otherwife,  if  thefe  lawlefs  Out- 
rages be  yet  fuffered  to  gather  Head,  who  knows 
where  they  will  end  \ 

'  My  Lords,  if  thefe  Men  may,  with  Impunity 
and  Freedom,  thus  bear  down  Ecclefiaftical  Autho- 
rity, it  is  to  be  feared  they  will  not  reft  there,  but 
will  be  ready  to  affront  Civil  Power  too.  Your 
Lordfhips  know,  that  the  Jack  Straws,  and  Cades^ 
and  JVat  Tylers  of  former  Times,  did  not  more 
cry  down  Learning  than  Nobility ;  and  thofe  of 
your  Lordmips  that  have  read  the  Hiftory  of  the 
Anabaptiftical  Tumults  at  Mun/ter,  will  need  no 
other  Item ;  let  it  be  enough  to  fay,  that  many  of 
thefe  Sectaries  are  of  the  fame  Profeffion. 

'  Shortly,  therefore,  let  me  humbly  move  your 
Lordfhips  to  take  thefe  Dangers  and  Miferies  of 
this  poor  Church  deeply  to  Heart ;  and,  upon  this 
Occafion,  to  give  Order  for  the  fpeedy  redrefling  of 
thefe  horrible  Infolencies,  and  for  the  flopping  of 
that  Deluge  of  libellous  Invectives  wherewith  we 
are  thus  impetuoufly  overflown  :  Which,  in  all  due 
Submiffion,  I  humbly  prefent  to  your  Lordfhips 
wife  and  religious  Confideration.' 

In  another  Place,  the  fame  Prelate  gives  us  the 

following  Account  of  the  before-mentioned  Tu- 

J  3  mujts. 


1 3  4      The  Parliamentary  HISTORY 

,An.  17.  Car.  I.mults  V    '  The  Rout  did  not  flick  openly  to  pro-> 

^J^y^s  fefs,  That  they  would  pull  the  Bifhops  in  Pieces, 

December      Meflages  were  fent  down  to  them  from  the  Lords; 

but  they  Hill  held  firm,  both  to  the  Place  and  their 

His  Account  of  bloody  Refolutions.     It  now  grew  to  be  Toich- 

U»  Tumults :     jj^  ^  one  of  the  Lords  ^  Marqu;s  of  Hcrf_ 

ford]  came  up  to  the  Bi(hops  Form,  and  told  us  we 
were  in  great  Danger,  advihng  us  to  take  fornq 
Courfe  for  our  own  Safety  j  and,  being  defired  to  tell 
us  what  he  thought  the  beft  Way,  counfelled  us  to 
continue  in  the  Parliament  Houfe  all  that  Night ; 
'  For,  faid  he,  thefe  People  vow  they  will  watch 
*  you  at  your  going  out,  and  will  learch  every 
'  Coach  for  you  with  Torches,  fo  as  you  cannot 
'  efcape.'  Hereupon  the  Houfe  of  Lords  was  mo- 
ved for  fome  Order  for  the  preventing  thefe  muti- 
nous .and  .riotous  Meetings,  and  Meflages  were  fent 
down  to  the  Houfe  of  Commons,  to  this  Purpofe, 
more  than  once  ;  but  nothing  was  effected  :  How- 
ever, for  the  prefent,  (for  fo  much  as  all  the  Dan- 
ger was  at  the  Rifmg  of  the  Houfe)  it  was  earneft- 
Jy  defired  of  the  Lords  that  fome  Care  might  be  ta- 
ken of  our  Safety,  The  Motion  was  received  by 
fome  Lords  with  a  Smile  j  fome  other  Lords,  as 
the  Earl  of  Alancbejler,  undertook  the  Protec- 
tion of  the  Archbiihop  of  Tork^  and  his  Com- 
pany, (whofe  Shelter  1  wont  under)  to  their-  Lodg- 
ings ;  the  reft,  fome  ot  them  by  their  long  Stay,, 
others  by  fecret  and  far-fetch'd  PaiTages,  eicaped 
home  :  Therefore  it  was  not  for  us  to  venture 
any  more  to  the  Houfe  without  fome  better  Affu~ 
ranee.' 

Lord  Clarendon  adds,  s  c  That  the  Mob  laid 
Hands  on  the  Archbifhop  of  York,  going  to  the 
Houfe  of  Peers,  in  that  Manner,  that  if  he  had 
not  been  feafonably  refcued,  it  was  believed  they 
would  have  murdered  him:  So  that  all  the  Bi- 
fhops, and  many  Members  of  both  Houfes,  with- 
drew 

r  In   a  fmall  Traft,   intided,   Hard  Meat.irc,   printed  in  his 
Works. 

«  IJtpry  aft  lie  Rcbcfron,  p.  3j3, 


Of    E  N  G  L  A  N  D.      135 

drewthemfelves  from  attending,  from  a  real  Ap-An-  »7-  Car.  1,- 
prehenfionof  endangering  their  Lives  r.'  '     l' 

The  fame  Day,  Dec.  29,  the  Lord  Chamberlain, 
by  Command,  delivered  this  Meflage  from  the  King, 
'  That  his  Majefty  being  very  fenTible  of  the  great  TheKing'sMef- 
«  Miferies  and  Diftrefles  of  his  Subjcfts  in  Ireland^  for  railing 
«  which  daily  increafed  fo  faft,  and  the  Blood  wMchj™^^* 

*  had  already  been  fpilt,  by  the  Cruelty  and  Barba-//-//*  Rebellion. 
'  roufnefs  of  the  bloody  Rebels,  crying  fo  loud  ; 

*  and  perceiving  how  flowly  the  Succours,  defign- 
'  ed  there,  go  on,  his  Majefty  thought  good  to  let 
4  their  Lordihips  know,  and  defired  them  to  acquaint 
'  the  Houfe  of  Commons  therewith,  Thathewould 
'  take  Care  that,  by  CommifTion,  which  he  would 
'  grant,  10,000  Englijh  Volunteers  mould  be  fpee- 
'  dily  raifed  for  that  Service,  if  the  Houfe  of  Com- 
'  mons  will  declare  that  they  would  pay  them.' 
This  Meflage  the  Lords  ordered  to  be  delivered  to 
the  Commons,   at  a  Conference  ;  but  we  find  no 
more  Notice  taken  of  it  at  this  Time. 

Inftead  of  that,  there  came  up  a  Meflage  from 
the  Commons,  by  Mr.  Holies,  as  an  Anfwer  to 
the  late  Propofitions  from  the  Lords  concerning  a 
Guard,  '  That  they  would  agree  with  their  Lord- 
ihips, in  all  good  and  lawful  Means,  for  the  Safe- 
ty of  the  Parliament ;  but,  for  printing  a  particu- 
lar Declaration,  the  Commons  faid,  they  had  en- 
tered into  Debate  thereof,  and  found  it  to  be  a 
Thing  of  great  Confideration,  and  would  require 
Time  to  think  of  it.  As  concerning  a  Guard'; 
that  Houfe  agreed  to  it,  provided  it  be  fuch  as  the 
Parliament  did  approve  of,  and  that  it  be  com- 
manded by  the  Earl  of  EJJ'gx. 

4  Further,  the  Houfe  of  Commons  defired  that 
their  Lordftiips  would  be  pleafed  to  remember,  That 
there  were  two  Bills  depending  before  them  ;  one 
concerning  the  prefling  of  Soldiers  for  the  Service 

of 

t  The  following  Lines  in  Hudibrai  feem  to  allude  to  this  very 
Tranfa£lion  : 

When  Zeal,  ivitb  aged  Cluli  and  Gleatjest 

Gave  Cbace  to  Rochets  and  Lawn  Sleeves, 

Hudibras,  Part  3.  Canto  2, 


ij6     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  of  Ireland^  and  the  other  for  prcfling  of  Seamen  for 
1641.         tj^e  Defence  of  both  England  and  Ireland  -,  which 

*TT"~V7""J    they  defired  their  Lordfhips  would  fpeedily  pafs  ; 
December.          .-;          ',-,       i  •      i     r     j       f  i 

without  which,  tney  conceived,  Ireland  cannot  be 

fared.' 

The  Lords  return'd  for  Anfwer,  to  this  MefTage, 
«  That  they  would  take  the  two  JBills  into  Conli- 
dsration  with  all  convenient  Speed.' 

Another  Meilage  was  brought  up,  the  fame  Day, 
from  the  Commons,  by  Sir  Philip  Stapylton,  to  this 
Purport,  '  That  the  Houfe  of  Commons  find,  by 

Complaint  a-  -h  >          •  r  -j  •        L      TT       r       r 

gainft  the  Lord  common  Fame,  that  it  was  laid  in  the  Houfe  of 
Digby  fcr  afper- Lords,  by  the  Lord  Digby,  and  offered  to  be  jufti- 
g  the  Com-  ££(j  ^  \\\m^  That  the  Houfe  r,f  Com?nons  had  inva- 
ded the  Privileges  of  tbe  Houfe  of  Lords ,  and  the  Li- 
berty of  the  Subjcti  j  and  that  he  did  likewife  fay, 
That  this  was  no  free  Parliament :  The  Houfe  of 
Commons  therefore  defired,  that  if  thefe  Words 
•were  fpokcn  by  him,  that  Right  might  be  done  to 
the  Commons  of  England  yg\\\&  the  Lord  Digby\ 
and  if  no  fuch  Words  were  fpoken  by  him,  that 
then  a  Declaration  be  fet  forth  by  their  Lordmips, 
to  quit  the  Houfe  of  Commons  of  that  Scandal.' 

The  Anfwer  returned  was,  '  That  the  Lords 
would  take  this  Meflage  into  Conficherarion,  and 
(end  to  the  Commons  by  MeiTengers  of  their  own.' 
Jn  the  mean  Time  the  Words,  in  the  aforefaid  Mef- 
lage, were  referred  to  the  Committee  for  keeping  a 
good  Correfpondency  between  the  two  Houfcs.  . 

The  Commons  fent  up,  by  Mr.  Holies ^  another 
Mefiage  to  the  Lords,  importing,  '  That  they  had 
ArA  aeainft  fe-  received  Information  of  threat  Diforders  committed 
•veral  Gentlemen  between  their  Houfe  and  Charing- Crofs  ;  that  cer- 
fvrppearing  m  ^  perfonS)  ;n  the  plabit  of  Gentlemen,  and  re- 
ported to  be  Officers  in  the  late  EngHJh  Army,  and 
\vho  were  now  in  Whitehall^  or  fome  Places  there- 
abouts, back'd  and  countenanced  by  a  Guard  of 
T  rain'd  Bands,   attending  about  Whitehall,  iilued 
out  in  Numbers  and  aflaulted  the  King's  Subjects  go- 
ing and  returning,  in  the  King's  Peace,  to  and  from 
the  Parliament ;  tho'  offering  to  them,  as  they  were 
credibly  informed,  no  Offence  at  all,  and  twenty  or 

thirty 


Of    E  N  G  L  A  N  D.      137 

thirty  of  them  fore  wounded.     This  the  Houfe  of  An.  17.  dr.  I. 
Commons  conceived  to  be  a  high  Violation  of  the        1641., 
Liberty  of  the  Subject,  and  an  Affront  to  the  Par-    *——¥——•* 
liament;  and  what  would,  in  the  End,  flrike  an  Awe       eceni   r" 
and  Terror  into  them,  if  not  prevented  by  the  Wif- 
dom  of  their  Lordfliips  and  the  Houfe  of  Commons. 

'  That  the  Commons  were  likewife  informed,  by 
a  Member  of  their  own  Houfe,  that  he,  going  from 
the  Houfe  to  their  Lordfliips,  thro'  the  Church- 
yard, found  there  a  Guard  of  Soldiers;  and  inqui- 
ring of  them  by  whofe  Command  they  were  there* 
they  anfwered,  By  the  Lord  Archbifhopof  York's. 
That,  Whether  this  ought  to  be  fufFered,  to  have 
Guards  fct  about  the  Parliament,  in  this  Manner, 
to  the  Terror  and  Affray  of  the  People,  the  Com- 
mons fubmit  to  their  Lordftiips  Judgment ;  and 
therefore,  to  prevent  all  Inconveniences,  the  Houfe 
of  Commons  defire  to  have  a  Guard  ;  otherwife 
there  will  follow  certain  Mifchief  in  the  End ; 
which  the  Houfe  of  Commons  forefeeing  gave  their 
Lordfliips  timely  Warning,  that,  if  it  {hould  fo  hap- 
pen, they  might  clear  themfelves  to  all  the  World. 

4  Laftly,  he  faid,  In  order  that  there  might  ftill  be 
a  free  Parliament,  he  was  commanded  to  defire  their 
Lordfliips,  according  to  their  own  Proportions,  and 
upon  fuch  Conditions  as  the  Houfe  of  Commons 
confented  to,  That  their  Lordfliips  would  prefently 
join  with  them  in  an  humble  Petition  to  his  Maje- 
fty,  that  the  Parliament  may  have  a  Guard,  to  be 
approved  of  by  both  Houfes,  and  commanded  by 
the  Earl  ofEffix.' 

When  this  MefTage  was  delivered,  a  long  Debate 
enfued  amongft  the  Lords  ;  and,  at  laft,  the  Que- 
ftion  being  put,  That  the  Houfe  would  join  with 
the  Commons  in  an  humble  Petition  to  his  Majefty, 
to  defire  that  the  Parliament  may  ha^e  a  Guard,  £sV. 
as  in  the  Meflage,  it  patted  in  the  Negative. 

December  30.  The  Lord  Keeper  ilgnifying  to  the 
Houfe,  That  the  King  had  commanded  him  to  de- 
liver a  Petition  to  their  Lordfliips,  which  had  been 
prefented  to  him,  it  was  ordered  to  be  read. 

To 


138     The  Parliamentary  HISTORY 

o  the  KING'S  Moft  Excellent  Majefty,  a 

the  LORDS  and  PEERS  jiow  afiembled  in  ParlU- 


An.  17,  Car.  I.  To  the  KING'S  Moft  Excellent  Majefty,  and  ta 


December. 

The  HUMBLE  PETITION  and  PROTESTATION  of 
all  the  Bifhops  and  Prelates,  now  called  by  bis 
Majeiiy's  Writs  to  attend  in  Parliament,  and 
prefent  about  London  and  ffieftminjler  for  that 
Purpofe.  " 

TrheuPr°£lati°n  THAT  whereas  the  Petitioners  are  called  up  bv 

of  the  Bifhops     /       ,-  ,         ,       r     ,,•        ,,,  .  ,  r    2 

againft  all  Pro-          Jeverai  and  rejpechve  H/nts,  and  under  great 

ceedings  during  Penalties,  to  attend  in  Parliament  ;  and  have  a  clear 

their  forced  Ab-  and  indubitable  Right   to  vote  in  Bills  and  other 

Kb.         6    Matt"**  wbatfoevcr  debatable  in  Parliament,  by  the 

antient  Cujloms,  Laws,  and  Statutes  of  this  Realm; 

and  cught  to  be  protected  by  your  Majejly,  quietly  ta 

attend  and  profecute  that  great  Service  •> 

They  Irumblj  remonjirate  and  proteft  before  God^ 
your  Majejly,  and  the  Noble  Lords  and  Peers  now. 
ajjcmbled  in  Parliament,  that,  as  they  have  an  in- 
dubitable Right  to  fit  and  vote  in  the  Hcufe  of  'Lords  , 
fo  are  they  (if  they  may  be  protected  from  Force  and 
Violence)  mojl  ready  and  -willing  to  perform  their 
Duties  accordingly  ;  and  that  they  do.  abominate  all 
Actions  or  Opinions  tending  to  Popery,  and  the 
Maintenance  thereof;  as  a/Jo  all  Propenfion  and-  In- 
clination to  any  malignant  Party,  or  a>:y  other  Side 
or  Party  whatsoever,  to  the  which  their  cwn  Rea- 
fons  and  Consciences  JJjall  not  move  them  to  adhere. 

But  whereas  they  have  been,  at  feveral  Times^ 
violently  menaced,  affronted,  and  aj/aulted  by  Mul- 
titudes of  Perph  in  their  coming  to  pet  form  their 
Service  in  that  Honourable  Houje  ;  and  lately  chafed 
away,  and  put  in  Danger  of  their  Lives  ;  and  can 
find  no  Redrefs  or  Protection,  upon  fun  dry  Complaints 
made  to  both  Honfes,  in  thefe  'Particulars  ; 

They  likcwife  humbly  proteft,  before  your  Majefiy 
and  the  Noble  Houfe  of  Peers,  that,  faving  unto. 

them- 

«  Mr.  Wlithcki,  by  Miftake,  fays  this  Petition  was  prefented  on, 
the  I2th  ofjamary  -  There  are  feveral  Anachionifrns  in  his  M$* 
tnoria/s,  as  appears  by  Comparifon  with  the  Journals, 


Of   E  N  G  L  A  N  D.       139 

*]}emf elves  all  the  Rights  and  Inter -efts  of  fitting  and  ^ 

voting  in  that  Houje  at  other  Times,  they  dare  not 

ft  or  vote  in  the  Houfe  of  Peers,  untill  your  Majejly 

fiall  further  fecure  them  from  all  Affronts,  Indig-     December. 

riities,  and  Dangers  in  the  Premlfes. 

Laftly,  Whereas  their  Fears  are  not  built  upon 
Phantajlcs  and  Conceits,  but  upon  fuch  Grounds  and, 
Objeffs  as  may  well  terrify  Men  of  good  Refolutions 
and  much  Conftancy,  they  do,  in  all  Duty  and  Humi- 
lity, protejl,  before  your  Majejly,  and  the  Peers  «f 
that  Mojl  Honourable  Houfe  of  Parliament,  agalnjl 
all  Laws,  Orders,  Votes,  Refolutions,  and  Deter- 
minations, as,  in  themf elves,  null,  and  of  none  Ef- 
Jetl ;  which,  In  their  Abfence,  fince  the  ijth  of  this 
Inftant  December,  1641,  have  already  pajfed;  as 
llkewife  agalnjl  all  fuch  as  Jhall  hereafter  pafs  in 
that  Mo  ft  Honourable  Houfe,  during  the  Time  of  this 
their-  forced  and  violent  Abj'ence  from  the  [aid  Mo  ft 
Honourable  Houfe  :  Not  denying,  but,  if  their  ab- 
fentlng  of  themselves  were  wilful  and  voluntarv,  that 
Moft  Nfble  Houfe  might  proceed  in  all  thefe  Premlfes, 
their  Abfence,  or  this  their  Protejlatlin,  notwlth- 
Jlandlng:  And  humbly  befeeching  your  Moji  Excellent 
Majejly  to  command  the  Clerk  of  the  Houfe  of  Peers 
to  enter  'this  their  Petition  and  Protejl  at  ion  amongjl 
his  Records',  they  will  ever  pray  God  to  blefs  and 
pteferve,  &c. 

Jo.  EBORAC'  GUIL. BATH  &  WELLES. 

THO.  DURESME'     GEO.  HEREFF' 
ROB.  Co.  LICHE'    MATTH.  ELIEN' 
Jos.  NORWIC'         GODFREY  GLOUCEST* 
Jo.  ASAPHEN'         Jo.  PETRIBURG' 
Ro.  OXON'  MORG.  LLANDAFF' 

This  Petition  being  read,  the  Lords  fent  a  Mef- 
fage  to  the  Houfe  of  Commons,  by  two  of  the 
Judges,  to  defire  a  prefent  Conference  by  a  Com- 
mittee of  both  Houfes,  touching  Matters  of  dan- 
gerous Confequence.  A  Conference  being  held 
immediately,  the  Lord-Keeper,  in  the  Name  of 
the  Houfe  of  Peers,  declared,  '  That  this  Petition 
and  Protection  of  the  twelve  Bifhops,  containing 

Mat- 


14°     Tfo"  Parliamentary  HISTORY 

An.  17.  Car.  l.  Matters  of  high  and  dangerous  Confequence,  and 
^4I'        fuch  as  the  Lords  are  very  fenftble  of,  and  fuch  as 
December      reclu're  a  fpee(ty  aiv^  fudden  RefcIutJon,  it  extend- 
ing to  the  deep  intrenching  upon  the  Fundamental 
Privileges  and  Being  of  Parliaments;  therefore  the 
Lords  have  thought  fit  that  this  Matter,  concern- 
ing the  whole  Parliament,  may  be  communicated 
to  the  Houfe  of  Commons,  it  being  a  Thing  of  fo 
great,  fo  general,  a  Concernment. 

Whereupon  the       The  Bifhops  Petition  being  thus  communicated 
Commons  re-    to  the  Houfe  of  Commons,  they  came  to  a  Refo~ 

S^wiAaMgblB*»»  To  accufe  th°re  twelve  Bifhops  of  High 
Tieafon.  °  Treafon,  for  endeavouring  to  fubvert  the  Funda- 
mental Laws  and  Being  of  Parliaments.  And 
Mr.  Glyntie  was  ordered  to  go  to  the  Lords,  and,  at 
their  Bar,  in  the  Name  of  the  Houfe  of  Commons, 
and  all  the  Commons  of  England,  to  accufe  thefe 
twelve  Prelates  of  High  Treafon,  for  endeavouring; 
to  fubvert  the  Fundamental  Laws  of  the  Realm,  and 
the  very  Being  of  Parliaments,  manifefted  by  pre- 
ferring that  Petition  and  Proteftation ;  and  to  de- 
fire  the  Lords  that  they  may  be  forthwith  fequeftred 
from  Parliament,  and  put  into  fafe  Cuftody ;  and 
that  their  Lorclfhips  would  appoint  a  fpeedy  Day 
for  the  Commons  to  charge  them,  and  they  to 
anfwer;  for  that  the  Commons  were  ready  to 
make  good  their  Charge.  He  was  farther  ordered 
to  give  their  Lordftiips  Thanks  for  communica- 
ting this  Petition  with  fo  much  AffedYion  and 
Speed,  and  for  expreffing  their  Senfe  thereof. 

Hereupon  it  was  ordered,  l  That  the  Gentle- 
SUKSd   m2n-Ufller  brinS  the  faid  Bifhops,   fo  accufed, 
iuto<Cuftody!e    before  the  Houfe  of  Lords,  that  they  might  be 
committed  to  fafe  Cuftody,'     In  the  mean  Time 
a  Conference  having  been  defired  by  the  Com- 
mons, concerning  the  Safety  of  the  Kingdom  and 
both  Hou&s  of  Parliament,  the  Lords  went  to  the 
Conference  j  and,  being  returned,  the  Lord-Keeper 
reported  it  to  the  Houfe  to  this  Effect : 

He  firft  repeated  the  former  Meflage  from  the 
Commons,  with  their  Reafons  for  defiring  a  Guard, 
to  which  the  Commons  faid  they  had  yet  no  An- 
fwer, 


Of    E  N  G  L  AN  D.      141 

fwer.     They  now  delired  their  Lordlhips  to  take  AH.  17.  Car.r* 
the  following  Reafons  into  Confideration,  as  an        1641. 
Addition  to  their  former.  v v— - •* 

\ft,  '  The  infolent  and  traiterous  Petition  and     D**^1* 
Proteftation  of  the  Bifhops  preferred  this  Day  to 
their  Lordfhips ;  which  the  Houle  of  Commons 
conceive  they  durft  not  to  have  done  without  fome 
Back  to  their  Defign  x. 

*Nextt  '  They  defire  to  have  a  Guard,  becaufe 
they  heard  the  King  had  a  Guard  at  Whitehall,  as 
apprehending  it  fit ;  and  the  Houfe  of  Commons 
conceived  that  thofe  who  were  Enemies  to  the 
Kinjr,  were  likewife  Enemies  to  the  Parliament; 
and  fo  vice  verfa :  Therefore  that  Houfe  defired  their 
Lordfhips  to  conilder  of  thefe  Things,  and  give 
them  an  Anfwer,  whether  they  will  join  with  the 
Commons  in  a  Petition  to  the  King,  or  not.' 

Upon  this  another  Debate  arofe  in  the  Houfe  of 
Lords,  Whether  that  Houfe  would  recede,  upon 
thefe  further  Reafons,  from  the  Vote  given  laft 
Night ;  and  this  Queftion  being  put,  it  again  paf- 
fed  in  the  Negative.  Afterwards,  both  the  Vote  of 
laft  Night  and  this,  were  ordered  to  be  fent  down 
to  the  Commons,  as  an  Anfwer  to  them  about  a 
Guard. 

The  Lords  being  informed,  That  the  Bifhops, 
accufed  of  High  Treafon,  were  at  the  Door,  they  They  are  all 
were  feverally  call'd  in  y ;  and  firft,  the  Archbifliopbrou&ht  to 
of  Tork\  being  brought  to  the  Bar,  and  i*9tlr 

ing 

*  Lord  Clarendon  obferves,  '  That  the  Indifcretion  of  thefe  Bi- 
ftops,  at  fuch  a  Crifis,  gave  fo  great  Scandal  and  Offence  to  all  thofe 
•who  paflionately  defired  to  preferve  their  Function,  that  they  had 
no  Companion  or  Regard  of  their  Perfons,  or  what  became  of  them  ; 
infomuch  as,  in  the  whole  Debate  in  the  Houfe  of  Commons,  there 
was  only  one  Gentleman  who  fpoke  on  their  Behalf;  and  iai,!, 
'  He  did  not  believe  they  were  guilty  of  High  Treaion,  but  that 
'  they  were  ftark  mad  ;  and  therefore  defired  they  might  be  fent  tor 
'  Bedlam.*  And  Wbitlotke  fays,  '  Divers  of  their  Adverfaries  were 
much  pleafcd  with  this  unadvifed  Aft  of  the  Rifhops,  being,  (js  they 
•wi.'h'd)  a  Way  prepared  by  themfelves  for  them  to  be  fet  aiide,  and 
removed  from  the  Houfe  of  Lords.' 

y  All  thefe  Proceedings  againft  the  Bifliops  are  omitted  in  Rujte 
wth'i  CtlleSlions,  but  fupplied  from  the  LyrJs  Journals, 

z  Dr.  Jtbn  Williams. 


142       The  Parliamentary  HISTORV 

An.  17.  Car.  I. ing  there  as  a  Delinquent,  was   commanded  to 
*^4^        ftand  up,  when  the  Lord -Keeper  told  him,  '  Thai 
DeTember      tne  Houfe  of  Commons,  in  their  Name,  and  in  the 
Name  of  all  the  Commons  of  England,  had  accu- 
The  Charge  a-  fed  him  and  other  Bifhops  of  High  Treafon,  for 
gainft  them  -,      endeavouring  to  fubvert  the  Fundamental  Laws  of 
this  Realm,  and  the  Being  of  Parliaments,  by  pre- 
ferring their  Petition  and  Proteftation,  this  Day,  to 
'that  Houfe. 

The  Archbifhop,  at  his  own  Requeft,  having 

Leave   to  fpeak,  faid,  *  He  would  not,   at  that 

And  their  refpec- Time,  make  any  Demurrer  to  the  Charge,  as  ha-. 

tiveAnfwers.     ving  neyer  heard  jt  before  .   but  he  defired  their 

Lordftiips  would  give  him  Leave  to  do  as  he  fhould 
be  advifed,  when  he  came  to  his  Anfwer  j'  and  fo 
he  withdrew. 

v  The  Bifhop  of  Durham  a  was  next  brought  to 
the  Bar  in  the  fame  Manner,  who  faid,  '  That  this 
was  the  greateft  Mifery  that  ever  befel  him,  and 
what  he  did,  was  not  with  any  malicious  or  trea- 
fonable  Intention ;  but  going,  by  Chance,  to  the 
Archbifhop  of  York's  Houfe,  about  two  Days 
ago,  he  found  fome  Bifhops  there,  and  the  Peti- 
tion fign'd  by  many  of  them  ;  and,  being  defired 
to  fubfcnbe  the  faid  Petition,  he  read  it  over,  and 
took  fome  Exceptions  to  it ;  but  was  drawn  in  by 
Inducements,  or  rather  Seducements,  and  that  he 
did  fubfcribe  it  only  to  preferve  his  Right  of  voting 
in  Parliament :  And,  defiring  their  Lordfhips  to 
have  Pity  upon  him,  as  being  a  Man  of  great 
Years,  he  withdrew. 

The  Bifhop  of  Norwich  b  came  next  to  the  Bar, 
and,  after  hearing  his  Accufation,  faid,  *  This 
was  the  heavieft  Affliction  ever  came  to  him  ;  he 
profeffed  it  was  far  from  his  Thoughts  to  be  guilty 
\  of  an  Offence  of  fo  high  a  Nature,  and  Confeffed 
he  fubfcribed  the  Petition  and  Proteftation  j  but  de- 
fired  the  reft  of  his  Brethren,  the  Bifhops,  that  it 

might 

a  Dr,  Tbatr.ai  Moretsn.  b  Dr.  Jtfcpb  Hall. 


O/    E  N  G  L  A  N  D.      143 

might  be  very  well  confidered  before  it  was  pre-An.  i-.  Car  r. 
fentcd  j  but  whether  it  was  ib  he  knew  not c.'  l64'- 

Next   Vjr""v"<r^ 

c  The  following  Account  is  given  by  this  Bifhop,  in  a  Piece  "^ca 
of  his  before-mentioned,  intitlcd  Hard  Mcafiir:,  wherein,  attsr  re- 
citing the  Tumults  about  the  Houfe  of  Lords,  and  die  Refolution 
of  the  Bifhops  to  forbear  any  longer  Attendance  on  that  Account, 
he  proceeds  thus, :  '  The  Archbifliop  of  York  fent  for  us  to  his 
Lodging  at  Weftminflcr  ;  laid  before  us  the  perilous  Condition  we 
were  in;  advb'd,  for  Remedy,  (except  we  meant  utterly  to  abandon 
our  Right,  and  to  defert  our  Station  in  Parliament)  to  petition  both 
his  Majefty  and  the  Parliament,  That,  fines  we  were  legally 
railed  by  his  Majefty's  Writ  to  give  our  Attendance  in  Parliament, 
we  might  be  fecured  in  the  Performance  of  our  Duty  and  Service, 
againft  thofe  Dangers  that  threaten'd  u?  j  and,  withall,  to  proteft 
againft  any  fuch  Ails  as  fhould  be  made  during  the  Tjnie  of  our 
forced  Abfence,  for  which  he  allured  us  there  were  manv  Precedents 
in  former  Parliaments  ;  and  which  if  we  did  not,  we  (Tiould  betray 
the  Truft  committed  to  us  by  his  Majefty,  and  fliamefully  betray 
and  abdicate  the  due  Right  both  of  ourlclves  and  Succefibrs.  To 
this  Purpofe,  in  our  Prefence,  he  drew  up  the  faid  Petition  and  Pro- 
teftatian,  avowing  it  to  be  legal,  juft,  and  agreeable  to  all  former 
Proceedings  ;  and,  beins  fair  written,  fent  it  to  our  feveral  Lodg- 
ings for  our  Hands,  which  we  accordingly  iubfcribed,  intending  yet 
to  have  had  fome  further  Confultation  concerning  the  delivering  and 
whole  Carriage  of  it:  But  e're  we  could  fuppole  it  to  be  in  any 
Hand  but  his  own,  the  firft  News  we  heard  was,  that  there  were 
Mellengers  addreffed  to  fetch  us  in  to  the  Parliament  upon  an  Accu- 
Ution  cf  High  Treafon.  For  whereas  this  Paper  was  to  have  been 
«L!ivcrcd  firft  to  his  Majerly's  Secretary  ;  and,  after  Perufal  by 
him,  to  his  Majefty  ;  and  after,  from  his  Majefty ,  to  the  Parliament ; 
and  for  that  Purpofe  to  the  Lord-Keeper,  the  Lord  Littleton,  who 
\vas  the  Speaker  of  the  Houfe  of  Peers  :  All  thefe  profefs'd  not  to 
have  perus'd  it  at  allj  but  the  faid  Lord-Keeper,  \villingenough  to 
take  this  Advantage  of  ingratiating  himfelf  with  the  Houfe  of  Com- 
mons and  the  Fadlion,  to  which  he  knew  himfelf  fufficiently  ob- 
noxious, rinding  what  Ufe  might  be  made  of  it  by  pre]udicate  Minds, 
nad  the  fame  openly  in  the  Houfe  of  Lords  ;  and,  when  he  found 
lome  of  the  Fadiion  apprehenfive  enough  of  M;iconftru£iion,  aggra-" 
vated  the  Matter  as  highly  oftenfive,  and  of  dangerous  Confequence  j 
and  thereupon,  not  without  much  Heat  and  Vehemence,  and  with 
an  ill  Preface,  it  was  lent  down  to  the  Houfe  of  Commons,  wheie 
it  was  entertained  heinoully  ;  Glynr.c,  with  a  full  Mouth,  crying  it 
tip  for  no  lefs  than  High  Treafon  ;  and  fome  comparing,  yea  prefer- 
ring, it  to  the  Powder  Plot.' 

LotdC/arettdon,  after  confirming  mod  of  the  foregoing  Particulars, 
teiis  us,  '  That  the  Archbifliop  of  Tort  fent  for  all  the  Bifhops  who 
were  then  in  Town  to  his  Houfe,  and  propofed,  as  abfolutely  necef- 
fary,  '  That  rhey  might  unanimoufly,  anj  prefently,  prepare  a  Pro- 
'  teftation,  to  fend  to  the  Houfe,  againft  the  Force  that  was  ufed 
'  upon  them,  and  againft  all  the  Acts  which  were  or  fhould  be  done 
'  during  ^ic  Time  that  they  fhould,  by  Force,  be  kept  from  doing 
'  their  Duties  in  the  Houfe.'  And  immediately,  having  Pen  and 
Ink  ready,  himfelf  prepared  a  Proteftation  ;  which,  being  read  to 
they  all  approved,  depending  upon  his  great  Experience  in 

the 


144     Tbe  Parliamentary  HISTORY 

An.  17.  Car.  I.     Next  the  Bifhop  of  Coventry  and  Litcbfield*  was 
l64»'-        brought  to  the  Bar,  who  faid,  <  He  fubfcribcd  the 
*^r"v"?"'J    Petition,  but  craved  their  Lordfhips  beft  Conftruc- 
em  "'     tiori  of  it,  for  he  did  it  not  with  any  traiterous  In- 
tention; and  fubmitted  himfelf  to  the  Pleafure  of 
the  Houfe.' 

The  Bifhop  of  St.  Afapb  e  confefled  £  He  fubfcri- 
bed  the  Petition;  but  did  it  as  Matter  of  Form, 
becaufe  the  reft  of  the  Bifhops,  his  Brethren,  had 
done  fo  :  That  Thoughts  of  Treafon  were  far 
from  his  Heart,  and  defired  their  Lordfhips  Favour 
and  Companion  towards  him.' 

The  Bifhop  of  Bath  and  Wells f  acknowledged, 
'  That  he  had  fet  his  Hand  to  the  faid  Petition,  with- 
out any  ill  Intent;  and  defired  of  his  Brethren  that 
It  might  be  well  confidered  before  it  was  delivered ; 
and  that  all  the  Bifhops  had  fet  their  Hands  thereto.' 

The  Bifhop  of  Hereford*  faid,  «  That  when 
Time  was  fitting  he  would  make  his  humble  An- 
Jwer  to  the  Charge  ;  but  defired  to  fay  nothing  for 
the  prefent.' 

The  Bifhop  of  Ely  h  defired  their  Lordfhips  to 
excufe  him  now  for  fpeaking,  left  he  fhould  da 
himfelf  more  Hurt  by  that  than  by  Silence. 

The  Bifhop  of  Oxford  *  ov/n'd,  f  He  fign'd  alfo ; 
but-his  Offence  was  thro'  Ignorance  ;  and  therein 
crav'd  their  Lordfhips  Compaflion.' 

The  Bifhop  of  Gloucejler  k  faid,  «  That  it  did 
appear  he  was  one  of  the  laft  that  fubfcribed ;  that 

it 

the  Rules  of  the  Houfe  where  he  had  fat  fo  many  Years,  and,  in 
feme  Parliaments,  in  the  Place  of  Speaker,  whilft  he  was  Keeper  of 
the  Great  Seal ;  and  fo  prefuming  that  he  could  commit  no  Error 
in  Matter  or  Form,  and  without  further  Communication  and  Ad- 
vice, which  both  the  Importance  of  the  Subject  and  the  Diftemper 
ofjthe  Times  did  require,  and  that  it  might  have  been  confidered  as 
well  what  was  fit,  as  what  was. right;  without  farther  Delay  than 
•what  was  necefiary  for  the  fair  writing  and  ingrofling  of  the  Inftru- 
jnent  they  had  prepared,  they  all  fet  their  Hands  to  it.' 

d   Dr.  Robert  Wright.  h   Dr.  Matthew  Wren. 

e  Dr.  John  Owe,,.  i  Dr.  Robert  Skinner. 

f  Dr.  William  Piers.  *  Dr.  Godfrey  Gndman. 

S.  Dr.  Jtbh  Coke. 


Of    E  N  G  L  A  N  D.     145 

it  was  not  done  with  any  traiterous  Intent,  but  An.  17.  Car*  I. 
through  Ignorance;  and  fubmitted  himfelf  humbly        l64I< 
to  the  Wifdom  of  the  Houfe.' 


December. 


The  Bifhop  of  Peterborough  l  made  much  the 
fame  Confeflion  as  the  former. 

x- 

The  Bifhop  of  Landaff™  made  a  longer  Anfvver 
to  his  Charge,  but  all  to  the  fame  Purport;  *  That 
it  was  done  through  Ignorance  and  Indifcretion, 
and  that  he  had  no  Defign  to  overthrow  the  Fun- 
damental Laws  of  the  Land  ;  he  defired  he  might 
not  feel  the  Weight  of  their  Lordfhips  Juftice,  but 
be  admitted  to  their  Mercy;  and  that  he  might  be 
bailed  upon  good  Security.' 

After  hearing  all  thefe  Arraignments,  the  Lords 
ordered  ten  of  the  Bifliops  to  be  committed  Pri- 
foners  to  the  Tower ;  but  the  Bifhops  of  Durham 
and  of  Coventry  and  Litcbfield  were  remitted  to  the 
Cuftody  of  the  Black  Rod  ". 

The  Bifhop  of  jyinchefter  °  being  all  this  Time 
in  the  Houfe,  it  was  moved,  That  it  mould  be  put 
to  him  to  anfwer,  whether  he  confented  to,  or  dif- 
claimed,  the  faid  Petition,  before  he  be  allowed  to 
fit  and  vote  in  the  Houfe.     The  Biftiop  hereupon, 
anfwering,  '  That  he  never  knew  any  Thing  of 
the  Matter,'  the  Lords  gave  him  Leave  to  read  the  • 
Petition;  after  which  he  faid,  '  He  never  read  it 
before,  and  he  did  now  utterly  difclairri  it/    With 
which  Anfwer  the  Houfe  was  fatisfied. 

The  fame  Day  that  the  Proceedings  went  thus 
vigoroufly  on  againft  the  Bifhops  in  the  Houfe  of 
Lords,  the  following  Speech  was  made  in  the  Houfe 
of  Commons  by  Mr.  Rowfe?,  Member  for  Truroey 

VOL.  X.  K  againft 

1  Dr.  John  Warner.         m  Dr.  Morgan  Owen. 

n  Bifhop  Hall  fays,  '  Thefe  two  had  this  Favour  by  reafon  of 
their  great  Age;  which,  though  defired  by  a  Noble  Lord  on  his 
Behalf,  was  not  yielded  to.' 

«  Dr.  Walter  Curie. 

f  From  a  Manufcript,  purchafed  at  the  Sale  of  the  Harleyan  Li-- 
krary.  It  is  not  in  any  of  the  Collegers  of  thefe  Times. 


146     ffie  Parliamentary  HISTORY 

An.  17.  Car.  i.againft  filling  up'fome  Bifhopricks,  at  this  Time 
1641.        vacant  *. 

December.  ,  -      p        , 

Mr.  Speaker , 

Mr.  RowfSs      f  \7~OU  may  remember  the  Report  made,  about 
Speech  againft  two  Months  fmce,  by  Mr.  (Voodward,  of  an 

nhing  up  live  va- ,-*   +•     c  \  •     -\  ir    •    n         r  r    o       /       ;    r 

eautBiihopricks.^rc'er  from  his  Majefly,  lent  out  or  Scot/ana,  for 
drawing  up  of  certain  Conge  d'  Eft  ires  for  the  elect- 
ing of  five  new  Bifliops,  whereof  two  are  made 
and  confecrated ;  and  that  I  then  moved  petition- 
ing his  Majefty  to  ftay  the  making  of  them  r;  but 
other  Bufinefs,  of  greater  Confequence  for  the  pre- 
fent,  hindered  my  enlarging  fuch  Reafons  as  I 
conceived  of  Weight  to  Hop  the  Proceedings  con- 
cerning them. 

4  And  now,  Mr.  Speaker,  under  Favour  of  this 
Honourable  Houfe,  1  intend  to  give  you  fome  fur- 
ther Ground  of  my  Opinion  then,  That  it  was 
not,  neither  is  it  yet  convenient,  as  I  under  Fa- 
vour conceive,  they  mould  be  made  Bifhops. 

'  Mr.  Speaker,  you  know  the  Proceedings  againft 
thofe  Bifhops,  which  have  been  great  Delinquents 
in  this  State,  and  that  we  have  profecuted  them 
to  an  Impeachment  of  High  Treafon ;  which  was 
a  main  Ground  of  my  Opinion  for  the  then  avert- 
ing that  intended  Bufinefs  of  making  thefe  new 
*  J3ifhops,  till  that  great  Affair  was  brought  to  a  Pe- 
riod. 

'And,  Mr.  Speaker,  I  perfuade  myfelf,  that  there 
are  as  great  Delinquents,  to  their  Power,  amongft 
the  Inferior  Clergy,  as  the  Bifhops.  I  fpeak  not 
with  an  Intent  you  fhould  conceive  that  I  reflect 

any- 

q  Thefe  were  Worcefler,  Lincoln,  Exeter,  Erijlol,  and  Chicbefter, 
The  fir  A  was  vacant  by  the  Death  of  Bifhop  Tkornborougb ;  and  the 
others  by  the  Tranflat'ion  of  Bifhop  Williams  to  York,  Bifliop  Hall 
to  Norwich,  Biihop  Skinner  to  Oxford,  and  Bifhop  Duppa  to  Sarum* 
The  Perfons  nominated  to  thefe  Sees  by  the  King  were  Dr.  Prideaux, 
the  King's  Profeflbr  of  Divinity  in  Oxford;  Dr.  Wir.niffe,  Dean  cf 
St.  Paul's  ;  Dr.  Brownerigg,  Mafter  of  Catberinc-Hall,  in  Cam- 
bridge; Dr.  Wejtfield,  of  Great  St.  Bartholomews,  London;  and 
Dr.  Henry  King,  Dean  of  Licbfield.  Of  thefe  Lord  Clarendon  fays, 
'  They  were  all  of  great  Eminency  in  the  Church  ;  frequent  Preach- 
ers ;  and  not  a  Man  to  whom  the  Faults  of  the  then  governing  Clergy 
were  imputed,  or  againlt  whom  the  leaft  Objection  could  be  made. 

r  See  before,  p.  za. 


Of    E  N  G  L  A  N  D.       147 

anyvvife  upon  the  Perfons  of  thofe  that  are  elected  An-  17-  Car.  I, 
or  made  ;  but  that  untill  the  others  that  are  im-        l6**' 

peached  be  proceeded  againft,  either  to  their  Con-    l7r~vT"-' 
,  i          -j-  December, 

demnation  or  otherwde,  as  by  the  Parliament  they 

fhall  be  found  guilty,  the  Election  of  new  ones 
may  be  a  while  procraftinated  and  delayed. 

4  Mr.  Speaker,  we  have,  as  Occafion  has  ferved 
us,  had  many  Debates  and  Arguments  about  the 
quite  taking  away  of  Bifliops,  and  many  Divifions 
in  the  Houfe  have  been  concerning  the  fame  ;  and 
altho'  their  Continuance  hath  been  voted,  yet  the 
Manner  of  their  Government  is  not  determined. 

i/?,  c  Then,  as  I  conceive,  It  can  neither  be 
requifite  nor  convenient  to  make  new  Bifhops,  tili 
a  certain  Form  of  their  Government  be  fully  con- 
cluded and  fettled  by  the  whole  State  of  this  King- 
dom. 

2<#y,  *  Mr.  Speaker,  If  we  fhould  give  Way  to  . 

the  making  of  thefe  Bifhops,  great  Prejudice  may 
follow  before  we  can  fettle  them  in  fuch  a  Govern- 
ment as  may  agree  moft  for  the  Security  and  Safety, 
both  of  this  Kingdom,  and  the  Fundamental  Points 
and  Principles  of  the  Dodrine  of  the  Church  of 
England:  For,  Mr.  Speaker,  notwithftanding  our 
Proceedings  againft  Delinquents,  both  in  Church 
and  State,  how  many  Petitions  and  Complaints  have 
we  diily  received  againft  pernicious  and  dangerous 
Tenets  in  Doctrine,  befides  fcandalous  and  flande- 
rous  Afperfions  delivered  by  divers  of  the  Clergy  in 
their  Sermons,  and  otherwife,  fmce  the  Sitting  of 
this  prefent  Parliament;  which,  out  of  Doubt,  are 
favoured,  nay  animated  and  encouraged,  by  the 
Bifhops;  which  doth  much  trouble  many  People, 
and  is  a  great  Caufe  of  their  Continuance  in  Evil, 
and  obftinate  Malicioufnefs  of  a  great  many  of  good 
Quality  and  Eftimation  ?  And  then  for  new  Bi- 
fhops to  be  made,  altho',  perchance,  Men  of  great 
Learning  and  Judgment,  before  the  Parliament  hath 
fully  agreed  on  the  Manner  of  their  Government, 
and  Proceedings  to  profecute  and  punifh  fuch  De- 
linquents as  have  been  perverfe  Inftruments  in  the 
Church,  to  withdraw  the  Affections  of  many,  other- 
K  2  wife 


148     The  Parliamentary  HISTORY 

wife  perhaps  well  affe&ed,  from  the  right  fettling 
of  true  Religion,  with  fuch  Difcipline  congruent 
thereunto,  that  mould  be  the  bed  Means  to  pro- 
cure the  everlafting  Peace  of  King  and  People  ! 
The  Inconveniences  and  dangerous  Confequences 
that  may  happen  hereupon,  may  yet  be  wdrfe  than 
the  former  we  have  had  too  much  Experience  of. 

3<//y,  '  I  conceive  by  making  of  thefe  Bifhops, 
when  they  mall  be  admitted  to  fit  in  the  Houfe  of 
Lords,  their  Votes  there,  although  voted  down  in 
this  Houfe,  yet  not  being  agreed  unto  by  the  Lords, 
may  be  a  great  Hinderance  in  our  Proceedings  to 
fettle  fuch  a  Form  of  Government  in  Religion,  as 
mall,  by  the  Parliament,  be  thought  requifite  ;  all 
of  them  contriving  to  continue  their  old  Form  and 
Power  of  Government.  And  their  Votes,  you 
know,  Mr.  Speaker,  have  prevailed  much  in  that 
Houfe,  many  of  the  Lords  (I  could  wifii  not  fo 
jnany)  being  much  inclined  towards  them,  and  too 
willing  to  comply  with  them  in  their  Defigns;  but 
I  hope,  by  God's  Bleffing,  and  our  Endeavours,  we 
fhall,  in  Time,  by  Degrees  remove  fuch  Impedi- 
ments, both  in  Church  and  State,  as  hinder  our 
happy  Proceedings  in  redreffing  fuch  Things  that 
are  amifs  in  the  fame. 

^.thfyy  4  I  conceive,  Mr.  Speaker,  the  Non-con- 
currence among  ourfelves  concerning  their  Confe- 
cration,  to  be  of  \Veight  for  the  flaying  the  making 
of  thefe  Bifhops ;  which  I  defire  may  not  be  conclu- 
iive,  till  the  other  Things  before-mentioned,  for  the 
Settlement  of  Religion  and  Punimment  of  Delin- 
quents be  agieed  unto;  that  then  fuch  as  fhall  be, 
by  this  wife  Council  of  State,  thought  fit  to  bear 
any  Office  in  the  Church  in  Places  of  Government, 
may  be,  by  the  fame,  tried  and  proved  in  their 
Learning,  Judgment,  and  theHolinefs  of  their  Lives 
and  Converfations;  that  fo  having  not  only  able, 
but  godly  Men  let  in  Places  of  Authority,  we  may 
expect  the  well  Government  of  the  Inferior  Clergy. 

*  I  defire',  Mr.  Speaker,  not  to  be  mifconceived 
in  this  my  Speech,  concerning  the  Stay  of  making 
thefe  Bifhops,  yet  unconfecrated.  I  fpeak  not  of 

their 


Of    E  N  G  L  A  N  D.     149 

theirUncapablenefs  or  Unworthinefs for  fuch  Places  An.  17.  Car.  I, 

of  Government,  not  doubting  but  that  they  are  as 

able  and  fit  for  the  fame  as  any  other;  but  the  In- 

tent  of  my  Speech  and  humble  Motion  is,  That 

only,  for  the  Reafons  before  fpecified,  they  may 

not  yet  be  made  and  confecrated,  till  fuch  Time  as' 

all  Things  for  the  well  Government  of  the  Church 

be  fully  concluded  and  fettled,  which  God  grant; 

that  having  reformed  all  Diforders,  both  in  Church 

and  State,  we  may  every  one  fit  fecurely  under  his 

own  Vine  and  Figtree,  and  reap  and  enjoy  the 

Fruit  of  his  own  Labour.' 

December  31.  The  Lords  fent  a  Meflage  to  the 
Commons,  to  let  them  know  what  they  had  done 
in  the  laft  Affair  of  the  Bifhops,  and  likewife  to 
acquaint  them,  That  their  Lordfhips  had  ordered 
the  Bifhops  to  put  in  their  Anfwers  to  the  Im- 
peachment on  this  Day  Se'nnight. 

The  fame  Day  alfo  the  Lords  received  a  Mef-  Tiie  Common? 
fage  from  the  Commons,  to  remind  them,  «  Th^g^SdUrf 
whereas,  divers  Months  ago,  the  Houfe  of  Com-  the  impeached 
mons  fent  up  a  Bill  for  taking  away  the  Votes  ofBifh°Fs> 
the  Bifhops  in  their  Houfe ;  which  the  Commons 
fuppofe  had  been  interrupted  by  other  Bufinefs  their 
Lordfhips  have  been  engaged  in,  they  now  defired 
the  faid  Bill  may  be  confidered  of  with  all  Expe- 
dition, becaufe  they  conceived  it  to  be  a  Matter  of 
great  Concernment.'   The  Lords  anfwer'd,  *  That 
they  would  take  the  faid  Bill  into  Confideration  in 
convenient  Time/ 

The  Houfe  of  Commons,  finding  that  the  Lords 
would  not  join  with  them  in  petitioning  the  King 
for  a  Guard,  this  Day  refolv'd  to  do  it  by  themfelves : 
Accordingly  feven  of  that  Body,  of  which  Mr.  Htlles 
was  to  be  their  Speaker,  were  ordered  to  attend  his 
Majefty,  and  deliver  to  him  the  following  MefTage : 

Mofl  Gracious  Sovereign, 

c  "\  T  TE  are  fent  by  the  Knights,  Citizens,  and  And  petition  the 
«    W     Burgeffes  of  the  Ho~ufe  of  Com  mons,  KinSforaGuari • 
<7our  faithful  and  loyal  Subje&s,  who  are  ready 
K  3  'to 


1 5  o     The  Parliamentary  HISTORY 

An.  17.  Car.  i.<  to  lay  down  their  Lives  and  Fortunes,  and  fpcnd 

1641.        t  tjle  ]afl.  £)rop  Of  tnejr  Blood,  to  maintain  your 

^T^'TT*'    *  Crown  and  Royal  Perfon  in  Greatnefs  and  Glo- 

'  ry;  and  do,  by  us,  caft  themfelves  down  at  your 

*  Royal  Feet,  to  prefent  unto  your  Majefty  their 

*  humble  Defires  upon  their  great  Apprehenfions 
'  and  juft  Fears  of  mifchievous  Defigns  and  Prac- 

*  tices  to  ruin  and  deftroy  them. 

*  There  have  been  feveral  Attempts,  heretofore, 

*  to  bring  Diftraclion  upon  their  whole  Body  at 
'  once,  and  Threats  and  Menaces  againft  particu- 

*  larPerfons:  There  is  a  malignant  Party,  bitterly 
'  invenomed  againft  them,  daily  gathering  Strength 

*  and  Confidence,  and  now  come  to  fuch  Height, 
'  as  they  have  given  fome  the  Boldnefs  to  embrue 

*  their  Hands  in  the  Blood  of  your  Subjects,  in  the 
'  Face  and  at  the  Doors  of  the  Parliament,  and  at 
e  your  Majefty's  own  Gates ;   and  have  given  out 
'  infolent  and  menacing  Speeches  againft  the  Par- 
'  liament  itfelf.     This  caufeth  great  Diftractions 
'  amongft  the  People  in  general ,  and  fuch  Fears  and 
'  Apprehenfions  in  the  Houfe  of  Commons,  that 
'  they  conceive  they  cannot,   with  the  Safety  of 

*  their  Perfons,  (upon  which  the  Safety  and  Peace 

*  of  the  whole  Kingdom  doth  now  depend)  fit  any 

*  longer  unarm'd  and  unguarded  as  they  are:  They 
'  have  therefore  their  Recourfe  unto  your  Majefty, 
c  moft  humbly  befeeching  you,  that  it  may  ftand 
'  with  your  good  Liking  if  they  provide  for  their 

*  own  Safety;  which  the  very  Law  of  Nature  and 

*  Reafon  doth  allow  unto  them.    Jt  is  their  humble 

*  Defire,  that  they  may  have  a  Guard  out  of  the 
c  City  of  London,  commanded  by  the  Earl  of  Ejfex, 

*  Lord-Chamberlain  of  your  Majefty's  Houfhold, 
'  of  whofe  Fidelity  to  your  Majefty  and  the  Com- 

*  monwealth  they  have  had  long  Experience.     By 
'  this  your  Majefty's  Grace  and  Favour,  you  will 

*  remove  their  Fears,  fill  them  with  Comfort  and 
'  AfTurance,  and  enable  them  to  ferve  your  Ma- 

*  jefty  in  fuch  a  Way  as  mall  render  your  Maje- 
4  fty  and  your  Government  happy  and  glorious. 
'  And  to  this  they  do  moft  humbly  defire  your  Ma- 

4  jefty 's 


Of    E  N  G  L  A  N  D.       151 

4  jefty's  gracious  and  fpeedy  Anfwer,  becaufe  their  An.  17.  Car.  I. 
'  Safety,  and  the  Safety  of  the  whole  Kingdom,  de- 
c  pends  upon  it,  and  will  not  admit  of  any  Delay.' 

The  Subftance  of  this  Mefiage  being  firft  deli- 
vered by  Word  of  Mouth,  the  King  defired  to 
have  it  in  Writing,  which  was  delivered  to  his 
Majefty  accordingly:  But  the  Commons  receiving 
no  prefent  Anfwer,  ordered  that  Halberts  mould  be 
provided,  and  brought  into  the  Houfe,  for  their 
own  better  Security ;  which  was  done,  and  the  faid 
Halberts  flood  in  the  Houfe  for  a  confiderable 
Time  afterwards. 

At  a  Conference  this  Day,  Dec.  31,  with  the 
Lords,  about  an  Information  the  Commons  had 
received  of  the  Lord  Digby's  having,  in  a  Speech, 
reflected  on  their  Proceedings,  Mr.  Pymme  fpoke 
as  follows  " : 

My  Lords, 

HE  Knights,  Citizens,  and  Burgefles  of  theMr. 
Houfe  of  Commons,  now  aflembled  in  Par-sPeech>ata9o 
liament,  have  commanded  me  to  prefent  to 
Lordfliips  this  Information  which  they  have  recei- 
ved  againft  the   Right  Honourable  George  Lord 
Digby,  of  fuch  dangerous  Confequence,  that,  if 
not  prevented,  evil  and  troublefome  Events  may 
enfue;  to  the  great  Hazarding  the  Peace  of  this 
Kingdom,  and  the  great  Hinderance  of  the  happy 
Proceedings  of  this  Parliament. 

e  My  Lords,  I  humbly  crave  your  Patierke  to 
declare  to  your  Lordfhips  what  I  am  commanded 
concerning  the  faid  Information,  which  is,  That 
he,  the  faid  Lord  Digby*  fhould  give  forth  Report, 
upon  reading  the  late  Petition  and  Proteftation  of 
the  twelve  Bifhops,  That  the  prefent  Parliament  was 
a  forced  one;  and  that  the  Afts,  Votes,  and  Laws 
that  Jhould  be  cnatted  therein,  without  the  Votes  and 
jfjfints  of  the  Bijhops,  are  void  and  of  none  Effeft* 
and  not  binding  to  the  Sitbjeft. 

«My 

m  From  the  Manufcript  laft  mentioned. 


152     The  Parliamentary  HISTORY 

An.  17.  Car.  I.      '  My  Lords,  this  Report  is  of  great  Danger  to 
1641.         t;]ie  State,  if  proved  againft  the  faid  Lord,  in  thcfc 
three  Refpe£ts,  as  I,  und,er  your  Lordfhips  Favour, 


December.      conceive 


It  is  a  great  Breach  of  the  Rights  and 
Privileges  of  Parliament. 

Se~condly\  '  It  intrencheth  much  on  the  Preroga-^ 
live  of  the  King,  and  abridges  his  Royal  Power. 

Thirdly,  *  It  is  the  firft  Step  to  bring  into  this 
State  an  arbitrary  and  tyrannical  Form  of  Govern- 
ment, 

Firfti  '  My  Lords,  it  is  a  Breach  of  the  Privi- 
leges of  Parliament,  for  thefe  Reafons : 

i/?,  '  It  is  againft  the  free  Votes  of  Parliamen- 
tary Proceedings ;  which  ought  to  be  referved  and 
unqueftionable  during  the  free  Sitting  thereof. 

idly,  *  It  is  againft  the  late  Acl:  of  Parliament, 
in  that  Cafe  made  and  provided,  for  not  adjourning 
or  abrupt  breaking  up  of  the  fame.  This  Act,  my 
Lords,  was  freely  voted  by  both  Houfes;  freely  and 
willingly  pafled  by  his  Majefty,  without  any  Force 
or  compulfory  Means  ufed  by  any,  or  private  work- 
ing of  any  of  the  Members  of  either  Houfes  to  in- 
duce his  Majefty  to  do  the  fame :  An  Act  voted  as 
well  by  the  faid  Lord,  as  the  reft  of  this  Honour- 
able Houfe.  This  Report,  therefore,  of  his,  muft 
needs  be  againft  his  Knowledge  and  former  free 
Confent  in  pafling  that  Act. 

3r//y,  '  One  Privilege  of  Parliament,  and  that  is 
one  of  the  greateft,  is  to  accufe  and  freely  proceed 
to  the  Punifhment  of  Delinquents  that  have  caufed 
the  Troubles  in  this  State,  both  in  Church  and 
Commonwealth.  This  Report  is  againft  this 
Privilege ;  it  oppofes  altogether  our  Proceedings 
againft  the  Bifhops,  accufed  as  the  greateft  Delin- 
quents both  in  Church  and  State :  For,  my  Lords, 
if  the  Parliament  is  forced  in  the  Abfence  of  the 
Bifhops,  how  may  then  the  Parliament  proceed 
lawfully  againft  them  ?  If  the  Bifhops  fit  and  have 
theirVotes,  altho'  Delinquents,  in  Parliament,  how 
can  we  proceed,  I  befeech  you,  againft  theirVotes? 
Therefore,  under  Favour,  I  conclude  this'Report 

of 


Of    E  N  G  L  A  N  D.      153 

of  the  faid  Lord  is  againft  this  Privilege  of  Parlia-  An.  17.  Car,  I. 
ment.  l64'- 

4J1/;/}',  '  To  redrefs  the  Grievances  of  the  Com-  ^-'^v-— ' 
monwealth,  is  a  Privilege  of  Parliament.  This 
Report  is  againft  this  Privilege.  How,  I  pray  you, 
my  Lords,  can  our  Grievances  be  redrefled,  when, 
the  Opprefiions,  Injuftice,  and  vexatious  Troubling 
of  his  Majefty's  loyal  Subjects,  by  the  Bifhops,  may 
not  be  call'd  in  question,  nor  the  Mifdoers  therein 
profecuted  and  punifhed  for  the  lame  ? 

5^/j,  '  This  Report  is  againft  divers  Acts  of 
Parliament  of  this  Kingdom,  that  have  been  made 
without  the  Voice  of  Bimops  in  Parliament,  as  is 
on  Record  in  the  Parliament  Rolls.  And  thus, 
my  Lords,  I  have  (hewn  you  how  this  Report  is 
againft  the  Privileges  of  Parliament. 

Secondly^  '  My  Lords,  this  Report  intrencheth 
on  the  Royal  Power  and  Prerogative  of  the  King, 
and  that  in  two  Refpecls : 

i/?,  *  His  Royal  Prerogative,  in  making  and 
enacting  Laws  by  Parliament  ;  it  refting  only  in 
his  Power  to  pafs  or  refufe  the  Votes  of  Parliament. 

'  My  Lords,  the  King  of  this  Realm  has  the 
greateft  Prerogative  (to  require  the  Counfel  and 
Afliftance  of  the  whole  State,  upon  any  Occafion 
whatfoever,  when  it  pleafeth  him)  of  any  Prince 
in  the  World,  except  the  King  of  France :  And, 
under  Favour,  my  Lords,  I  conceive  a  Parlia- 
ment cannot  be  term'd  forced,  when  it  is  freely 
called,  and  willingly  continued  by  the  King.  I 
conceive,  my  Lords,  a  forced  Parliament  is,  when 
againft  the  free  Confent  of  a  King  and  his  Lords, 
without  lawful  Calling  by  Writ,  Men  aflemble 
themfelves  ;  and,  by  Force  of  Arms,  fit  in  Coun- 
cil and  enact  Laws,  not  tending  to  the  Welfare 
of  the  Kingdom.  The  Parliament  holden  in  the 
fourteenth  Year  of  the  Reign  of  Edward  II.  was 
a  forced  Parliament ;  the  Barons  coming  thither 
•with  Horfe  and  Arms,  and  compelling  the  King 
to  pafs  what  they  thought  proper  to  have  en- 
aded  n. 

2<%, 

*  See  the  Proceedings  of  this  Parliament  in  our  Firft  Volume, 


154     2"/&*  Parliamentary  HISTORY 

An.  17.  C-r.  I.  idly,  <  My  Lords,  this  Report  intrencheth  on 
1641.  ty,e  R0yal  Power  of  the  King  in  making  of  Laws ; 
*T""v~rr'  f°r»  as  before  I  have  touched,  Parliaments  have, 
without  Bifhops,  made  and  enacted  Laws.  By  this 
Suppofition,  my  Lords,  that  Laws  made  without 
Biihops  are  void,  Bifhops,  be  they  never  fo  vile 
and  difaffected  to  the  Xranquility  and  Security  of 
the  State,  yet  muft  have  Votes  in  rediifying  and 
fetting  in  Order  fuch  Things  as  are  amifs  in  the 
lame,  as  well  by  their  own  procuring  as  others; 
which  is  not  then  likely  to  take  any  good  Effect  : 
Nay,  my  Lords,  it  is  too  apparent  they  have  been 
the  greateft  Oppofers  of  our  Proceedings  in  this 
Parliament,  and  the  chief  Caufe  why  no  more  is 
done  by  the  fame. 

Thirdly  and  laftly,  f  My  Lords,  this  Report  is 
the  firft  Step  to  bring  in  an  arbitrary  and  tyrannical 
Form  of  Government ;  and  that,  under  Favour, 
for  thefe  Reafons : 

i/?,  *  Free  Parliaments  are  the  fecureft  and  fafeft 
Government  that  ever  could  be  found  for  this  Na- 
tion; and  that  in  refpedt  of  the  Power  and  Wif- 
dom  thereof.  It  is  upholden,  defended,  and  pre- 
ferved  by  the  whole  Body  of  the  Kingdom ;  there- 
fore powerful :  The  Members  thereof  are  Men 
elected,  one  out  of  ten  thoufand,  by  the  whole 
State ;  therefore  efteemed  wife :  Then  to  oppofe 
the  Proceedings,  and  deny  the  Government  thereof, 
is  to  change  the  fame ;  and,  if  changed  to  another 
Form,  (none  being  fo  fecure,  fo  powerful,  and  fo 
wife)  it  m'.'ft  needs  be  arbitrary,  and  fo  tyrannical. 

idly,  '  My  Lords,  if  no  Laws  can  be  binding  to 
the  Subject,  but  fuch  as  are  voted  and  aflented  to  by 
the  Bifhops,  then  none  can  be  expected  but  fuch  as 
are  deftructive  to  the  State;  their  Affections  being 
altogether  averted  from  free  Parliamentary  Proceed- 
ings, and  their  Defigns  only  agitated  for  the  oppo- 
fing  the  Government  thereof;  and  we  cannot  but 
daily  fear  the  utter  Confufion  of  the  fame  thereby. 

'  Now,  my  Lords,  having,  to  my  weak  Ability, 
fulfilled  the  Command  of  the  Houfe  of  Commons, 
in  fpeaking  fomething  of  this  Information,  I  am  to 

defire 


Of    E  N  G  L  A  N  D.     155 

defire  your  Lordfliips,  in  their  Name,  that  the  faid  An-  J7-  Car-  1. 
George  Lord  Digby  may  anfwer  the  laid  Informa-        *      ' 
tion,  orotherwife  be  proceeded  againft  as  the  Par-      January. 
Jiament  (hall  think  fit.' 

Whether  any  Cenfure  pafled.againft  theLordD/^- 
iy,on  thisOccafion,  does  not  appear  by  the  Journals 
of  either  Houfe  :  But  the  Refentment  of  the  Com- 
mons againft  him  will  appear,  fully,  in  the  Sequel. 

Thus  ends  the  Calendar  Year  of  1641  ;  but  the 
Journals  of  both  Houfes,  with  the  Statute  Books, 
continuing  of  it  to  March  25,  we  fhall  follow  that 
Courfe,  as  we  have  hitherto  done,  in  thefe  Inqui- 
ries. The  Reader  may  obferve  that  Civil  Diflen- 
tions,  occafioned  by  real  Fears  and  Doubts  in  fome, 
and  lecret  evil  Machinations  in  others,  were  now 
rifen  to  a  great  Height  between  the  Court  and 
People  :  But,  at  the  very  Beginning  of  January, 
an  Accident  happened,  which  gave  the  King's 
Enemies  the  greateft  Hand  they  could  have  wifh- 
ed  for,  to  bring  him  to  his  Ruin.  This  was  the 
hafty  and  ill-advifed  Step  of  his  Majefty's  going,  in 
Perfon,  to  the  Houfe  of  Commons  to  demand  the 
five  Members  ;  a  Circumftance  much  animadvert- 
ed upon  by  the  Hiftorians  of  thefe  Times,  and  every 
other  Writer  of  Englijh  Hiftory  fince.  We  fhall 
therefore  wave  all  Refle&ions  on  thefe  Matters, 
and  ftri&ly  purfue  the  Thread  of  the  Journals, 
leaving  every  Man  at  Liberty  to  blame  or  excufe 
this  Affair  as  he  thinks  fit. 

January  3.  Both  Houfes  met  according  to  Ad- 
journment ;  when  the  Commons  received  from  the 
King  the  following  Anfwer  to  their  laft  Addrefs 
for  a  Guard  : 


taken  the  lajl  Mejfage  from  you,  touch-  The  King's  An- 
ing  your  Defer  e  of  a  Guard,  into  our  fgfious^vertothe^om~ 
Confederation;  and  trulv,witb  great  Grief  of  Heart  ™£^lon*0* 
that  (after  a  whole  Tear's  fating  in  Parliament, 
wherein  you  have  obtained  thofe  Things,  for  theHap- 

pinefs 


156     The  Parliamentary  HISTORY 

An.  17.  Car.  I.pinefs  and  Security  ofyourfelves,and  the  reji  of  our 

1641.         Subjects,  as  no  Age  can  equal)  injlead  of  reaping,  in 

**~^~*~~  ~~*     Peace  and  Tranquility,  the  Fruits  of  your  Labours, 

januarj.      ^^  of  our  Grace  and  Affection  to  our  People,  we 

Jhould  find  Jealoufies,  Diftrujis  and  Fears  Jlill  fo 

prevalent  among  you,  qs  to  induce  you  to  declare  them 

unto  us,  in  fo  high  a  Me af ure  as  you  have  done  at 

this  Time. 

We  are  wholly  ignorant  of  the  Grounds  of  your 
Apprehenfions  ;  but  this  we  do  protefl  before  Almighty 
God,  (to  whom  we  mujl  be  accountable  for  thofe  whom 
he  hath  intr  lifted  to  our  Care  and  Protection)  that  had 
we  any  Knowledge  or  Belief  of  the  leaft  Deftgn  in 
any,  of  Violence,  either  formerly  or  at  this  Time, 
againjt  you,  we  would  purfue  them  to  condignPunijh- 
ment,  with  the  fame  Severity  and  Detejlation,  that 
we  would  do  the  greateft  Attempt  upon  our  Crown. 

We  know  the  Duty  of  that  Place  where  God  hath 
fet  us,  the  Protection  we  owe  to  all  our  loving  Sub- 
jects, and  mo/i  particularly  to  you,  called  to  our  Ser- 
vice by  our  Writs ;  and  we  do  engage  unto  you  fo- 
lemnly  the  Word  of  a  King,  that  the  Security  of  all, 
arid  every  one  of  you  from  Violence,  is,  and  ever  Jhall 
be,  as  much  our  Care,  as  the  Prefervatian  of  us  and 
our  Children, 

And,  if  this  general  AJJurance  Jhall  not  fuffice  to 
remove  your  Apprehenfions,  we  will  command  fuch  a 
Guard  to  wait  upon  you  as  we  will  be  refponfible  for 
to  him,  vjho  hath  incharged  us  with  the  Protection 
and  Safety  of  our  Subjects. 

The  fame  Day  the  Lord-keeper  told  the  Houfe 

of  Lords,  That  he  was  commanded  by  the  King 

to  let  them  know,  his  Majeiry  had  given  Com- 

The  Attorney-  niand  to  his  Attorney- General,  to  acquaint  their 

General  charges  Lordftiips  with  fome  Particulars  from  him.     Here* 

feveral  Members Upon  tne  fajd  Attorney,  ftanding  up  at  the  Clerk's 

with  H,EhT  *-Tab]e)faid,  *  That  the  Kjng  had  commanded  him 

to  tell  their  Lordfhips,  that  great  and  treafonable 

Defigns  and  Practices  againft  him  and  the  State  had 

come  to  his  Majefty's  Knowledge  ;  for  which  the 

King  had  given  him  Command  to  accufe,  and  he 

did 


Of    ENGLAND.       157 

did  accufc  the  Lord  Kimbohon,  Mr.  Holies ,  Mr- An.  17.  Car.  r. 

Pymme,  Mr.  Hampden^  Sir  Arthur  Hafelrigge,  and  l64I- 

Mr.  Strode^  of  High  Treafon,  and  other  high  Mif-  v-~ —v— -* 

demeanors,  by  the  Delivery  of  the  Articles,  in  Wri-  Januai7« 
ting,  which  he  had  in  his  Hand,  and  which  he  re- 
ceived from   his  Majefty  :   Which  Articles  were 
read  in  bcsc  Verb  a  : 

FIAT  they  have  traiteroufly  endeavoured  The  Articles  a- 
to  fubvert  the  Fundamental  Laws  and  sainft 'hem  j 

*  Government  of  this  Kingdom,  and  deprive  the 

*  King  of  his  Regal  Power,  and  to  place  in  the 
'  Subjects  an  arbitrary  and  tyrannical  Power. 

II.  '  That  they  have  traiteroufly  endeavoured, 
£  by  many  foul  Afperfions  upon  Jiis  Majefty  and  his 
c  Government,  to  alienate  the  Affections  of  his 
'  People,  and  to  make  his  Majefty  odious  to  them. 

III.  *  That  they  have  endeavoured  to  draw  his 
'  Majefty's  late  Army  to  Difobedience  to  his  Ma- 

*  jefty's  Commands,  and  to  fide  with  them  in  their 
'  traiterous  Defigns. 

IV.  '  That  they  have  traiteroufly  invited  and 
'  encouraged  a  foreign  Power  to  invade  his  Ma- 

*  jefty's  Kingdom  of  England. 

V.  '  That  they  have  traiteroufly  endeavoured  to 

*  fubvert  the  Rights  and  very  Being  of  Parliaments. 

VI.  4  That,  for  the  compleating  of  their  trai- 

*  terous  Defigns,  they  have  endeavoured,  as  far  as 

*  in  them  lay,  by  Force  and  Terror,  to  compel 
'  the  Parliament  to  join  with  them  in  their  trai- 
'  terous  Defigns  ;  and,  to  that  End,  have  actually 

*  raifed  and  countenanced  Tumults  againft  the 

*  King  and  Parliament. 

VII.  *  That  they  have  traiteroufly  confpired  to 

*  levy,  and  actually  have  levied,  War  againft  the 
«  King. 

Then  Mr.  Attorney  faid,  c  That  he  was  further 
charged  to  defire  on  his  Majefty's  Behalf, 

i.  *  That  a  feledt  Committee,  under  a  Com- 
mand of  Secrecy,  may  be  appointed  to  take  the 
Examination  of  fuch  WitneiFes  as  the  King'  will 

pro- 


158     T&e  Parliamentary  Hi  s  T  o K  y 

-An.  17.  Car.  I.  produce  in  this  Bufmefs,  as  formerly  hath  been 
1641.        done  in  Cafes  of  like  Nature,  according  to  the 
<-— v— '    Juftice  of  this  Houfe. 

January.  2    c  Liberty  to  add  and  alter,,  if  there  fliould  be 

Caufe. 

3.  *  That  their  Lordfhips  would  take  Care  for 
the  fecuring  of  the  Perlbns,  as  in  Jullicej  there 
fliould  be  Caufe.' 

~M.r.Rujhvjortb  fays,  *  Lord  Kimbslton,  being  pre- 
fent  in  the  Houfe,  flood   up  and  offered  to  obey 
whatever  the  Lords  fhould  order;  but  prayed  that, 
as  he  had  a  public  Charge,  he  might  have  a  public 
Clearing:'  Accordingly  theLord-Steward,theLord- 
Chamberlain,  Ear:  of  Bath,  Earl  of  Southampton, 
Earl  of  Warwick,  Earl  of  Brtftol,  and  Earl  of  Hol- 
land, with  the  Afliftance  of  Mr.  Serjeant  IVhitfield 
Whereupon  the  and  Mr.  Serjeant  Glanville,vjciz  appointed  a  Corn- 
Lords  appoint  a  niittee  to  confider  of  Precedents  and  Records, touch- 
£™h  "See-0    in§ the  Regularity  of  this  Accufation ;  whether  there 
dents.  *  had  ever  been  any  fuch  Proceedings  before  in  this 

Houfe,  and  whether  fuch  an  Accufation  may  be 
brought  by  Mr.  Attorney,  into  this  Houfe,  againft 
a  Peer. 

Lord  Clarendon  adds,  '  The  Houfe  of  Peers  was 
fomewhat  apalled  at  this  Alarm ;  but  took  Time  to 
confider  of  it  till  the  next  Day,  that  they  might 
fee  how  their  Mailers  the  Commons  would  behave 
themfelves  j  the  Lord  Kimbolton  being  prefent  in 
the  Houfe,  making  great  Profeffions  of  his  Inno- 
cence, and  no  Lord  being  fo  hardy  as  to  prefs  for 
his  Commitment  on  the  Behalf  of  the  King.'  This 
general  Silence  was  the  more  remarkable,  iince  the 
Noble  Hiftorian  aflures  us,  c  That  the  Lord  Digby 
had  promifed  the  King  to  move  the  Houfe  for  the 
Commitment  of  Lord  Kimbolton,  as  foon  as  the  At- 
torney-General fliould  have  accufed  him;  which, 
if  he  had  done,  would  probably  have  raifed  a  very 
hot  Difpute  in  the  Houfe,  where  many  would  have 
joined  him.  On  the  contrary,  he  feem'd  the  moft 
furprized  and  perplex'd  with  the  Attorney's  Im- 
peachment 3  and  fitting  at  that  Time  next  the  Lord 

Kim- 


Of    E  N  G  L  A  N  D.       159 

with  whom  he  pretended  to  live  with  An.  17.  Car. 
much  Friendfhip,  he  whifper'd  him  in  the  Ear  with        l641' 
fome  Com  motion,  (as  he  had  a  rare  Talent  at  Dif-    ^~j^^J- 
fimulation)  '  That  the  King  was  very  mifchievoufly       January' 

*  advifed ;  and  that  it  fiiould  go  very  hard,  but  he 

*  would  know  whence  that  Counfel  proceeded  ;  in 

*  order  to  which,  and  to  prevent  further  Mifchief, 

*  he  would  go  immediately  to  his  Majefty;'  and  fo 
went  out  of  the  Houfe  :  Whereas  he  was  the  only 
Perfon  who  gave  the  Counfel,  named  the  Perfons, 
particularly  the  Lord  Kimbolton,  (againft  whom  Icfs 
could  be  faid  than  againft  many  others,  and  who 
was  more  generally  beloved)  and  undertook  to 
prove  that  the  faid  Lord  Kimbolton  told  the  Rabble, 
when  they  were  about  the  Parliament  Houfe,  '  That 
4  they  fhould  go  to  Whitehall* 

After  fome  other  Bufinefs  done  in  the  Houfe  of 
Lords ;  as  affigning  Counfel  for  the  twelve  Bifhops, 
&c.  a  Meffage  was  brought  up,  from  the  other 
Houfe,  to  defire  the  Lords  would  be  pleafed  to  fit  a 
while,  for  they  fhould  have  Occafion  to  confer  with 
their  Lordfhips  about  a  Breach  of  Privilege.  This 
being  granted,  a  Conference  was  held  between 
Committees  of  both  Houfes  ;  the  Report  of  which 
was  made  by  the  Lord-Keeper  to  this  EffedT: : 

'  That  the  Houfe  of  Commons  apprehended  the  The  Commons 
Parliament  to  be  the  great  Council  and  the  Repre- defire  a  Confe- 
fentative  Body  of  the  Kingdom,  and  both  Houfes  "^ 
are  but  one  Body  of  the  Realm;  the  Privileges  Privileges. 
are  as  the  Walls,  or  Sinews,  of  the  Parliament, 
which  being  cut,  Diffraction  will  fpeedily  follow : 
That  both  Houfes  have  lately  taken  a  Protefta- 
tion  for  the  Adaintenance  of  their  Privileges,  Per- 
fons, and  Goods,  a  high  Breach  whereof  is  at  this 
Inftant ;  for  divers  Members  of  the  Houfe  of  Com- 
mons have  their  Perfons  aflaulted  and  laid  in  wait 
for;  their  Chambers,  Studies,  and  Trunks  have 
been  ranfack'd  and  feal'd  up;  as  Mr.  Holies,  Mr. 
Pymme,  and  Mr.  Hampdcn;  befides,  the  Houfe  of  .  • 
Commons  understand  that  there  are  Guards  of  Sol- 
diers fet  fo  near  the  Parliament  Houfe  as  Whitehall-, 

which 


160     Tlie  Parliamentary  HISTORY 

I.  which  being  done  without  Confent  of  Parliament, 
they  hold  it  as  a  Breach  of  Privilege  :  The  Houfc 
of  Commons  therefore  deiire  their  JLordfhips  would 
January.      ^.^  ^.^  tjjem  jn  an  numble  Requeft  to  the  King, 

that  the  Guards  at  Whitehall  may  be  removed ;  and 
that  the  Parliament  may  have  fuch  a  Guard  as 
fhall  be  approved  on  by  the  King  and  both  Houfes 
of  Parliament.  Alfo  the  Houfe  of  Commons  de- 
iire their  Lordfhips  to  join  with  them  in  vindica- 
ting thcfe  Breaches  of  their  Privileges;  and,  if  a 
Guard  cannot  be  obtained,  that  they  will  take  it 
into  Confideration  to  adjourn  to  another  Place, 
where  they  may  fit  in  Security.' 

The  Lords  taking  this  Defire  into  Confidera- 
tion, ordered,  That  all  the  Chambers,  Studies,  and 
And  both  Houfes  Trunks,  that  were  feal'd  or  lock'd,  belonging  to 
addrefs  the  King  ]VJr.  Holies,  Mr.  Pymme,  Mr.  Hatnpden,  or  to  any 
Iard>&c>  Member  of  Parliament,  fhall  be  forthwith  unfeal'd 
and  unlock'd,  and  left  to  their  free  Ufe  and  Dif- 
pofal     They  refolved  alfo  to  join  with  the  Houfe 
of  Commons,  in  an  humble  Petition  to  the  King 
for  a  Guard,  in  the  fame  Manner  as  had  been  de- 
fired,  and  that  it  fhould  continue  as  long  as  the 
King  and  both  Houfes  fhould  think  fit. 

"Jem.  4.  This  jointPetition  of  both  Houfes  having 
been  prefented  to  the  King,  his  Majefty  faid, c  That 
he  would  fend  an  Anfwer  to  it  very  fpeedily.'  But 
the  Commons  being  very  uneafy,  they  this  Day 
renewed  their  Defires  to  the  Lords,  to  have  it  done ; 
for  this  Reafon,  '  Becaufe  they  had  received  Infor- 
mation that  divers  Gentlemen  had  made  their  Ad- 
drefTes  to  the  Gentlemen  of  the  Inns  of  Court,  and 
had  dealt  with  them  to  come  arm'd  to  Whitehall 
when  they  mould  be  required  ;  but  they  had  not 
condefcended  thereto.  They  likewife  faid  they 
had  met  with  a  fcandalous  Paper,  publifhed  a- 
broad,  to  the  Injury  of  fome  Members  of  both 
HoufeSj  which  contained  Articles  of  High  Treafon 
and  High  Mifdemeanors,  againft  the  Lord  Ki?nbcl- 
ton,  a  Member  of  that  HouCe,  and  others,  Mem- 
bers 


Of    E  N  G  L  A  N  D.     161 

fcers  of  the  Houfe  of  Commons ;  which  they  de-  An.  17.  Car.  I 
iired  their  Lordihips  to  join  with  them  in  finding 
out  the  Authors  of,  and  bringing  them  to  condign 
Punifhment  for  fo  high  a  Breach  of  the  Privileges  of 
Parliament.' — But  nothing  was  this  Day  refolved 
on  by  the  Lords,  probably  interrupted  by  the  Af- 
fair which  happened  in  the  other  Houfe  :  For, 

The  Day  before  the  King  had  fer.t  Mr.  Francis^ 
Serjeant  at  Arms,  to  the  Houfe  of  Commons ; 
where,  being  admitted  without  his  Mace,  he  de- 
livered this  Meflage  ; 

«  I  am  commanded  by  the  King's  Majefty,  my  "iss^ac^yf^d3 


«  Mafter,  upon  my  Allegiance,  that  I  mould 

*  and  repair  to  the  Houfe  of  Commons,  where  Mr.  Commons,  to  ar- 

*  Speaker  is  ;  and  there  to  require  of  Mr.  Speaker reft  the  five  x~ 

*  five  Gentlemen,  Members  of  the  Houfe  of  Com-cufcd  Members 

*  mons;  and  that  thefe  Gentlemen  being  delivered, 
'  I  am  commanded  to  arreft  them,  in  his  Majefty's 

*  Name,  of  High  Treafon.     Their  Names  are, 
'  Mr.  Holies,  Sw  Arthur  Hafelrigge,  Mr.  Pymme9 

*  Mr.  Ha?npden,  and  Mr.  William  Strode.' 

The  Commons  immediately  ordered  the  Chan- 
cellor of  the  Exchequer,  Lord  Falkland,  Sir  Philip 
Stapylton,  and  Sir  John  Hotban,  to  attend  his  Ma- 
jcfty  ;  and  acquaint  him,  '  That  this  Meflage  was 
a  Matter  of  great  Confequence,  as  it  concern'd  the 
Privilege  of  Parliament,  and  therein  the  Privileges 
of  all  the  Commons  of  England :  That  this  Houfe 
will  take  it  into  ferious  Confideration,  and  will  at- 
tend his  Majefty,  with  an  Anfwer,  in  all  Humility 
and  Duty,  and  with  as  much  Speed  as  theGreatnefs 
of  the  Bufinefs  will  permit :  And  that,  in  the  mean 
Time,  the  Houfe  will  take  Care  that  thofe  Gentle- 
men,  mention'd  in  the  Meffage,  fhall  be  ready  to 
anfwer  any  legal  Charge  laid  againft  them.' 

Then  the  Speaker,  by  Command  of  the  Houfe, 
enjoin'd  thofe  five  Members,  particularly,  one  by 
one,  to  give  their  Attendance  on  the  Houfe,  de 
Die  in  Diem,  until!  further  Orders  :  And,  in  the 
Afternoon  of  this  Day,  there  is  a  Memorandum 
entered,  That  all  the  five  Members,  aforemention'd, 

VOL.  X.  L  did 


i  6  2     <Tbe  Parliamentary  HISTORY 

An.  17.  Car.  I.did  appear  in  the  Houfe,  according  to  Yefterday's 

1641.        Injunction. 

*•— "V"'*-'        Sir  John  Hotbam  was  ordered  to  go  to  the  Lords 

January.      to  defire  a  free  Conference  concerning  the  Safety  of 

the  Kingdom  and  Parliament ;  who  brought  An- 

fwer  back,  That  the  Lords  would  give  a  prefent 

Meeting  as  was  defired. 

A  MefTage  from  the  Lords  came  down  to  the 
Commons,  to  acquaint  them,  '  That,  according 
to  the  Agreement  between  both  Houfes  laft  Night, 
they  had  fent  the  Duke  of  Richmond  and  the  Lord 
Chamberlain  to  his  Majefty,  concerning  a  Guard  ; 
and  that  the  King's  Anfwer  was,  c  That,  by  rea- 
'  fon  of  fome  weighty  Affairs  that  were  now  before 
e  him,  he  could  not  give  a  prefent  Anfwer;  but 
'  did  believe  that,  either  To-day  or  To-morrow, 
«  he  fhould  fend  it.' 

Some  Members  of  the  Commons  having  been 
fent  by  that  Houfe,  to  inquire  into  the  Truth  of  a 
Report,  That  the  Gentlemen  of  the  Inns  of  Court 
came  to  Whitehall,  armed  j  Mr.  Brown,  one  who 
was  fent  to  Lincoln's  Inn,  faid,  *  That  the  Gentle- 
men told  him,  they  went  to  Court,  firft  upon  a  ge- 
neral Report  that  his  Majefty's  Perfon  was  in  Dan- 


His  Majefty  came  into  the  Houfe,  and  took  Mr. 
Speaker's  Chair. 

Gentlemen, 
The  King  comes  T Am  forry  to  have  this  Occafion  to  come  unto  you, 

'a  Perfon  to  the  j£    *##### 

Houfe  to  demand 

them. 

Refolved,  upon  the  Queftion,  That  the  Houfe 
fhall  adjourn  itfelf  tillTo-morrow  one  of  the  Clock. 

This  is  all  that  is  enter 'd  in  the  Journals  of  the 
Commons  relating  to  this  extraordinary  Affair :  It  is 
probable  the  great  Confufion  the  Houfe  was  in,  at 
this  Juncture,  broke  off  all  Punctualities  in  the 
Clerk,  and  prevented  any  further  Entry  about  it 

there  : 


Of    E  N  G  L  AN  D.       163 

there:    But  Mr.  Rujhworth^  then  Clerk-AffiftantAn.  17.  Car.  f, 
to  the  Houfe,  is  very  explicit  in  his  printed  Cd-        l("^1- 
leftions;  which,   to  make  the  Matter  as  clear  as  t-"""~v      ^ 
poffible,  we  fliall  give  in  his  own  Words. 

He  begins  with  telling  us,  '  That  when  the-five 
accufed  Members  came  this  Day,  after  Dinner,  in- 
to the  Houfe,  they  were  no  fooner  fat  in  their 
Places,  but  the  Houfe  was  informed  by  one  Cap- 
tain Langrijh^  lately  an  Officer  in  Arms  in  France^ 
that  he  came  from  among  the  Officers  and  Soldiers 
at  Whitehall  y  and  underftanding  by  them,  that  his 
Majefty  was  coming  with  a  Guard  of  Military 
Men,  Commanders  and  Soldiers,  to  the  Houfe  of 
Commons,  he  parted  by  them,  with  fome  Diffi- 
culty, to  get  to  the  Houfe  before  them,  and  fent  in 
Word  how  near  the  faid  Officers  and  Soldiers  were 
come;  whereupon  a  certain  Member  of  the  Houfe 
having  alfo  private  Intimation  from  the  Countefs  of 
Carlijle,  Sifter  to  the  Earl  of  Northumberland,  that 
Endeavours  would  be  ufed  this  Day  to  apprehend 
the  five  Members,  the  Houfe  required  the  five  Mem- 
bers to  depart  the  Houfe  forthwith,  to  the  end  to 
avoid  Combuftion  in  the  Houfe,  if  the  faid  Soldiers 
fhould  ufe  Violence  to  pull  any  of  them  out.  To 
which  Command  of  the  Houfe  four  of  the  faid 
Members  yielded  ready  Obedience ;  but  Mr.  Strode 
was  obftinate,  till  Sir  Walter  Ear/e>  his  antient  Ac- 
quaintance, pull'd  him  out  by  Force,  the  King  be- 
ing at  that  Time  entering  into  the  Neiu  Palace-yard, 
in  Weftminfter :  And  as  his  Majefty  came  thro* 
Weftminfter-Hally  the  Commanders,  Reformadoes, 
C5V.  that  attended  him,  made  a  Lane  on  both  Sides 
the  Hall  thro'  which  his  Majefty  parted,  and  came 
up  the  Stairs  to  the  Houfe  of  Commons,  and  flood 
before  theGuard  of  Penfioners  and  Halberteers,who 
alfo  attended  the  King's  Perfon  j  and  the  Door  of 
the  Houfe  of  Commons  being  thrown  open,  his 
Majefty  entered  the  Houfe,  and  as  he  parted  up  to- 
wards the  Chair,  he  caft  his  Eye  on  the  Right 
Hand,  near  the  Bar  of  the  Houfe,  where  Mr.  Pymme 
ufed  to  fit;  but  his  Majefty  not  feeing  him  there, 
knowing  him  well,  went  up  to  the  Chair,  and  faid, 
L  2  By 


164      The  Parliamentary  HISTORY 

An.  17.  Car.  1.  By  your  Leave,  Mr.  Speaker,  I  rnuji  farroiu  your 
1641.  Chair  a  little :  \Vhereupon  the  Speaker  came  out 
Chair,  and  his  Majefly  ftepp'd  up  into  it. 
After  he  had  flood  in  the  Chair  a  while,  he  caft  his 
Eye. upon  the  Members  as  they  flood  up  uncovered, 
but  could  not  diicern  any  of  the  five  Members  to 
be  there;  nor,  indeed,  were  they  eafy  to  be  difcern- 
ed,  had  they  been  there,  among  fo  many  bare  Faces 
all  {landing  up  together. 

'  Then  his  Majefly  made  this  Speech- 

Gentlemen, 

Hi'  Speech  upon  T 'Am  forry  for  this  Occa/ion  of  coming  unto  you. 

that  Otcaficn.  /  Tefterday  I  fent  a  Serjeant  at  Arms  upon  a  very 
important  Occaflon,  to  apprehend  fame  that,  by  my 
Command,  were  accufed  of  High  Treafon,  wbereunto 
I  did  expett  Obedience,  and  not  a  Mejfage.  And  I  mujl 
declare  unto  you  here,  that*  albeit,  no  King  that  ever 
was  in  England  ft)  all  be  more  careful  of  your  Privi- 
leges, to  maintain  them  to  the  uttermojl  of  bis  Power, 
than  I  fnall  be  ;  yet  you  muft  know,  that  in  Cajes  of 
Treafon  no  Perfon  hath  a  Privilege  ;  and  therefore  I 
urn  come  to  know  if  any  of  thefe  Perfons  that  were 
accufed  are  here :  For  I  mujl  tell  you,  Gentlemen', 
that  fo  long  as  thefe  Perfons  that  I  have  accufed,  for 
no  flight  Crime,  but  for  Treafon,  are  here,  I  cannot 
expett  that  this  Houfe  will  be  in  the  right  Way  that  I 
do  heartily  wifa  it ;  therefore  I  am  come  to  tell  you, 

that  I  mujl  have  them  wherefoever  1  find  them. 

Well,fmce  I  fee  all  the  Birds  are  flown,  1  do  expecJ 
from  you,  that  you  will  fend  them  unto  me  as  foon  as 
they  return  hither.  But  I  ajjitre  you,  on  the  Word 
ef  a  King,  I  never  did  intend  any  Force,  but  JJ)all 
proceed  again/I  them  in  a  legal  and  fair  Way,  for 
I  never  meant  any  other. 

And  now,fince  I  fee  I  cannot  do  what  I  came  for, 
I  think  this  no  unfit  Occaficn  to  repeat  what  I  have 
faid  formerly,  That  ivhatfoever  I  have  done  in  Fa- 
vour, and  to  the  Good  of  my  Subjects,  I  da  mean  to 
maintain  it. 

I 


Of    E  N  G  L  A  N  D.     165 

7  will  trouble  you  no  more,  but  tell  you,  I  do  ex- An.  17.  Car.  r 
pe£t,  as  Jo  on  as  they  come  to  the  Houfe,  you  will  fend 
them  to  me ;  otherwife  I  mujl  take  my  own  Courfe  to 
find  them. 

*  When  the  King  was  looking  about  the  Houfe, 
the  Speaker  {landing  below,  by  the  Chair,  his  Ma- 
jefty afk'd  him,  Whether  any  of  thefe  Perfons  were 
in  the  Houfe  ?  Whether  he  faw  any  of  them  ?  and 
where  they  were  ?  To  which  the  Speaker,  falling 
on  his  Knee,  thus  anfwered  : 

May  it  pleafe  your  Majejly, 

4  T  Have  neither  Eyes  to  fee  nor  Tongue  to  fneak  And  Mr.  Speak- 
4   I     in  this  Place,  but  as  the  Houfe  is  pleafed  toe;r's£nfwer  to 

•£•     r»  i     /-    o  the  King. 

'  direct  me,  whole  Servant  1  am  here;  and  hum- 
*  bly  beg  your  Majefty's  Pardon,  that  1  cannot 
'  give  any  other  Anfwer  than  this  to  what  your 
'  Majefty  is  pleafed  to  demand  of  me.' 

'  The  King,  having  concluded  his  Speech,  went 
out  of  the  Houfe  again,  which  was  in  great  Dilor- 
der;  and  many  Members  cried  out  aloud,  fo  as 
he  might  hear  them,  Privilege!  Privilege!  and 
forthwith  adjourned  till  the  next  Day  at  One 
o'Clock. 

'  The  fame  Evening  his  Majefty  fent  "James 
Maxwell,  Ufher  of  the  Houfe  of  Peers,  to  the 
Houfe  of  Commons,  to  require  Mr.  Rufijwortb,  the 
Clerk- Afliftant,  whom  his  Majefty  had  obferved 
to  take  his  Speech  in  Characters,  at  the  Table  in 
the  Houfe,  to  come  to  his  Majefty ;  and  when 
Maxwell ^  brought  him  to  the  King,  his  Majefty 
commanded  him  to  give  him  a  Copy  of  his  Speech 
in  the  Houfe.  Mr.  Ru/hworth  humbly  befought 
his  Majefty,  hoping  for  an  Excufe,  to  call  to  Mind 
how  Mr.  Francis  Nevtl,  a  York/hire  Member  of  the 
Houfe  of  Commons,  was  committed  to  the  Tower9 
but  for  telling  his  Majefty  what  Words  were  fpoken 
in  the  Houfe  by  Mr.  Henry  Bella/is,  Son  to  the 
Lord  Fauconberg;  to  whom  his  Majefty  fmartly 
replied,  I  do  not  ajk  you  to  tell  me  what  was  fold  by 
L  3  any 


1 66     ¥he  Parliamentary  HISTORY 

An,  17.  Car.  I.  any  Member  of  tie  Houfe,  but  ivkat  I  faid  my f elf. 

1641.        Whereupon  he  readily  gave  Obedience  to  his  Ma- 

*• — v— - J    je  fry's  Command,  and  in  his  Majefty's  Prefence, 

January.       jn  ^  Room  call'<]  thejewel-ffouje,  he  tranfcrib'd 

his  Majefty's  Speech  out  of  his  Characters,  his 

Majefty  flaying  in  the  Room  all  the  while ;  and 

then  and  there  prefented  the  fame  to  the  King, 

which  his  Majefty  was  pleafed  to  command  to  be 

fent  fpeedily  to  the  Prefs,  and  the  next  Jvlorning  it 

came  forth  in  Print.'  r 

Jan,  5.    At  the  appointed  Time  the  Commons 
met  again ;  when  the  Doer  being  ordered  to  be 
lock'd,  the  Key  brought  up,  the  outward  Rooms 
cleared  of  all  Perfons,  except  Servants  to  the  Mem- 
bers of  the  Houfe ;  and  alfo  that  fome  of  thofe  Ser- 
vants fhould  be  fent  forth  to  fee  what  Numbers  of 
People  were  repairing  towards  IVejlminJler,  and  to 
bring  Notice  to  the  Houfe ;   a  Committee  was 
named  to  confider  of  fome  Way  for  vindicating  the 
Privileges  of  Parliament,  and  for  providing  for  the 
Safety  of  both  Kingdoms,  and  to  prefent  it  to  the 
The  Commons  Houfe  with  all  Speed.  A  Debate  then  arofe,  Whe- 
adjourn  for  fix  ther  this  Houfe  fhould  be  adjourned   to  Tuefday 
V*)s>  next,   Jan.  n,  and  a  Committee  be  appointed  to 

fit  at  the  Guildhall,  in  London,  during  that  Time  ? 
The  Queftion  was  put,  and,  on  a  Divifion  of  the 
Houfe,  there  appeared  to  be  170  Members  for  it, 
and  86  againft  it. 

The  Houfe  then  agreed  upon  a  Declaration,  to 
be  forthwith  printed  and  published,  concerning  the 
late  Breach  of  Privilege;  which  was  done  in  thefe, 
\Vords :  s 

And  declare  the  *  "T  TT  THereas  his  Majefty,  in  his  Royal  Perfon, 
King's  Beha-     c     yy    Yefterday,  being  the  fourth  Day  of  Ja- 

viouraBreachof,  ..  i-  i  i       rr       r        r  r> 

Privilege,  nuary,  1641,  did  come  to  the  Houfe  of  Com- 

mons, 

r  In  our  Collections  is  a  Copy  of  the  King's  Speech  on  this  Oc- 
cafion,  (printed  by  Rcbert  Barker,  Printer  to  the  King's  Moft  Ex- 
cellent Majefty,  and  by  the  Afiigns  of  John  Bill)  which  is  verba- 
tim tlie  fame  as  that  given  by  Mr.  Ruftnvortb. 

*  From  the  Commons  jfjurna/s^  the  Copy  in  R:'Jhivirtb  being  in- 
forrecl. 


Of    E  N  G  L  A  N  D.      167 

*  mons,  attended  with  a  great  Multitude  of  Men,  An,  17.  Car 

*  armed   in  a  warlike  Manner,    with  Halberts,        l64T« 

*  Swords,  and  Piftols,  who  came  up  to  the  very    ^— -v-— 
'  Door  of  this  Houfe,  and  placed  themfelves  there,      Januar>« 
'  and  in  other  Places  and  PafTages  near  to  the 

'  Houfe,  to  the  great  Terror  and  Difturbance  of 
'  the  Members  thereof,  then  fitting,  and  accord- 
'  ing  to  their  Duty,  in  a  peaceable  and  orderly 

*  Manner,  treating  of  the  great  Affairs  of  both  the 

*  Kingdoms  of  England  and  Ireland;  and  his  Ma- 
'  jefty  having  placed  himfelf  in  the  Speaker's  Chair, 
'  did  demand  the  Perfons  of  divers  Members  of  this 

*  Houfe  to  be  delivered  unto  them  : 

*  It  is  this  Day  declared  by  the  Houfe  of  Com- 

*  mons,  That  the  fame  is  a  high  Breach  of  the 

*  Rights  and  Privileges  of  Parliament,  and  incon- 
'  fiftent  with  the  Liberties  and  Freedom  thereof; 
-*  and  therefore  this  Houfe  doth  conceive  they  can- 
'  not,  with  the  Safety  of  their  own  Perfons,  or  the 
'  Indemnity  of  the  Rights  and  Privileges  of  Parlia- 
{  ment,  fit  here  any  longer,  without  a  full  Vindi- 
4  cation  of  fo  high  a  Breach,  and  a  fufficient  Guard 
'  wherein  they  may  confide ;  for  which  both  Houfes 
'  jointlv,    and   this   Houfe   by  itfelf,    have   been 
'  humble  Suitors  to  his  Majefty,  and  cannot  as  yet 
'  obtain. 

*  Notwithstanding  which,  this  Houfe,  being  veiy 

*  fenfible  of  the  great  Truft  repofed  in  them,  and, 
'  efpecially  at  this  Time,  of  the  manifold  Diftrac- 
'  tions  of  this  Kingdom,  and  the  lamentable  and 
'  diftrefled  Condition  of  the  Kingdom  of  Ireland^ 
'  doth  order,  That  the  Houfe  mail  be  adjourned 

*  untill  Tuefday  next  at  One  of  the  Clock  in  the 
'  Afternoon  ;  and  that  a  Committee,  to  be  named 

*  by  this  Houfe,  and  all  that  will  come  to  have 
'  Voices,  {hall  fit  at  the  Guildhall  of  the  City  of 
'  London,  To-morrow  Morning  at  Nine  of  the 

*  Clock,  and  mail  have  Power  to  confider  and  re- 
4  folve  of  all  Things  that  may  concern  the  Good 
'  and  Safety  of  the  City  and  Kingdom  ;  and,  par- 
'  ticularly,  how  our  Privileges  may  be  vindicated, 

*  and  our  Perfons  fecured,  and  to  confider  of  the 

«Af- 


1 68     The  Parliamentary  HISTORY 

An.  17.  Car.  1. {  Affairs  and  Relief  of  Ireland;  and  {hall  have 

1641.         «  Power  to  advife  and  confult  with  any  Perfon  or 

W^^v~  -J  «  Perfons,  touching  the  Premifles,  and  {hall  have 

January.      t  power  {o  fend  for  partieSj  Witneffes,  Papers,  and 

'  Records. 

'  And  it  is  further  ordered,  That  the  Commit- 

*  tee  for  Irijh  AfFairs  {hall  meet  at  the  Guildhatt 

*  aforefaid,  at  what  Time  they  {hall  think  fit;  and 
'  confult  and  do,  touching  the  Affairs  of  Ireland^ 

*  according  to  the  Power  formerly  given  them  by 

*  this  Houfe;  and  that  both  the  faid  Committees 
'  {hall  report  the  Refults  of  their  Coniiderations 
'  and  Refolutions  to  the  Houfe.' 

Mr.  Fiennes  was  fent  up  to  the  Lords,  to  acquaint 
their  Lordfhips  with  the  Reafons  why  the  Com- 
mons adjourned  till  Tuefday  next,  and  had  fixed  a 
Committee  to  a6l  at  Guildhall;  which  are  much  the 
fame  as  thofe  expreffed  in  the  above  Declaration. 
Adding,  That  they  ftill  defired  their  Lordmips  to 
move  his  Majefty  for  fuch  a  fufficient  Guard  about 
the  Parliament,  as  both  Houfes  might  approve  of. 

The  Lords  return'd  for  Anfwer  to  this  laft  Affair, 
That  they  had  already  fent  to  the  King  about  it, 
and  his  Majefty's  Anfwer  was,  That  he  would  do 
it  fpeedily  ;  but  their  Lordfhips  would  renew  it 
"'again.  The  Lords  ordered  alfo,  That  the  Report, 
from  the  Committee  appointed  to  confider  of  the 
Accufation  the  Attorney -General  had  brought 
againft  the  Lord  Kimboiton  and  the  five  Members 
of  the  Lower  Houfe,  fliould  be  confidered  of;  and 
that  all  the  capital  Proceedings  in  Parliament  be 
fearched  into  on  this  Occafion.  The  Anfwer  of  the 
impeached  Bifhops,  which  was  to  have  been  deli- 
vered on  the  yth,  was  prolong'd  to  the  I2th  of  this 
Month.  Then  the  Lords  adjourned,  along  with 
the  Commons,  to  Tuefday  the  nth  Inftant. 

In  the  Collections  of  the  late  Sir  Henry  Good- 
rick,  Bart,  we  meet  with  three  Speeches  made  by 
Mr.  Pymme,  Sir  Arthur  Hafelrigge,  and  Mr.  Strode^ 
in  Vindication  of  themfelves  againft  the  Articles 

of 


Of    E  N  G  L  A  N  D.       169 

of  High  Treafon,  exhibited  by  Sir  Edward Herbert ',  An.  17.  Car,  I, 
the  King's  Attorney.     In  Dr.  Nal/on's  Cottefiions       l64^ 
is  alfo  a  Speech  ofMr.Hampdcn's,on  the  fameOc-    L"J"~V""'""1' 
cafion :  But  this  latter  beingjudg'd,  by  fome  learned      January* 
Gentlemen,  to  be  furreptitious,  we  pals  it  over. 

And  firft  Mr,  Pymrne.  « 

Mr.  Speaker, 
«  rpHESE  Articles  of  High  Treafon,  exhibited  Mr.  Pymmt* 

\^     by  his  Majefty  againft  me,  and  the  other  Speech  in  anfwer 
Gentlemen  in  the  Accufation  charged  with  t 
fame  Crime,  are  of  great  Confequence,  and  muchhim. 
Danger  to  the  State.    The  Articles  in  themfelves, 
if  proved,  are,  according  to  the  Laws  of  the  Land, 
High  Treafon. 

i/?,  '  To  endeavour  to  fubvert  the  Fundamental 
Laws  of  the  Land,  is,  by  this  prefent  Parliament, 
in  the  Earl  of  Str'a flora's  Cafe,  adjudged  High 
Treafon. 

2<^/v,  *  To  endeavour  to  introduce  into  this 
Kingdom  an  arbitrary  and  tyrannical  Form  of  Go- 
vernment, is  likewife  voted  High  Treafon. 

3^/X,  *  To  raife  an  Army  to  compel  the  Parlia- 
ment to  make  and  enact  Laws,  without  their  free 
Votes  and  willing  Proceedings  in  the  fame,  is  High 
Treafon, 

4/^/y,  *  To  invite  a  foreign  Force  to  invade  this 
Land,  to  favour  our  Defigns  agitated  againft  the 
King  and  State,  is  High  Treafon. 

Sthly,  '  To  animate  and  encourage  riotous  Af- 
femblies  and  Tumults  about  the  Parliament,  to 
compel  the  King  to  aflent  to  Votes  of  the  Houfe, 
is  Treafon. 

6thly,  i  To  caft  Afperfions  upon  his  Majefty  and 
his  Government,  to  alienate  the  Affections  of  his 
People,  and  to  make  his  Majefty  odious  unto  them, 
is  Treafon. 

7^/y,  '  To  endeavour  to  draw  his  Majefty's  Ar- 
my into  Difobedience,  and  to  fide  with  us  in  our 
Defigns,  if  againft  the  King,  is  Treafon. 

<I 

t  London,  printed  for  Peter  Cole,  1641, 


1 70     The  Parliamentary  HISTORY 

Car.  I.      <  I  defire,  Mr.  Speaker,  the  Favour  of  this  Houfe 
to  clear  myfelf,  concerning  this  Charge ;  I  fhall 
only  parallel  and  fimilize  my  Actions,  fince  the 
January.      gjttjng  of  this  Parliament,  with  thefe  Articles  : 

i//,  «  Mr.  Speaker,  if  to  vote  with  the  Parlia- 
ment, as  a  Member  of  the  Houfe,  wherein  all  our 
Votes  ought  to  be  free,  (it  being  one  of  the  great- 
eft  Privileges  thereof  to  have  our  Debates,  Difputes, 
and  Arguments  in  the  fame  unqueftionable)  be  to 
endeavour  to  fubvert  the  Fundamental  Laws  j  then 
am  I  guilty  of  the  nrft  Article. 

2<#y,  '  If  to  agree  and  confent  with  the  whole 
State  of  the  Kingdom,  by  Vote,  to  ordain  and 
make  Laws  for  the  good  Government  of  his  Ma- 
jefty's  Subjects,  in  Peace  and  dutiful  Obedience  to 
their  lawful  Sovereign,  be  to  introduce  an  arbi- 
trary and  tyrannical  Form  of  Government  in  the 
State  ;  then  am  I  guilty  of  this  Article. 

3«fy,  '  If  to  confent,  by  Vote  with  the  Parlia- 
ment, to  raife  a  Guard,  or  Train'd  Band,  to  fecure 
and  defend  the  Perfons  of  tlje  Members  thereof,  be- 
ing invironed  and  befet  with  many  Dangers  in  the 
Abfence  of  the  King ;  and,  by  Vote  with  the  Houfe, 
in  willing  Obedience  to  the  Royal  Command  of 
his  Sacred  Majefty,  at  his  Return,  be  actually  to 
Jevy  Arms  againft  the  King;  then  am  I  guilty  of 
this  Article. 

^thfy, « If  to  join  with  the  Parliament  otEngland^ 
by  free  Vote,  to  crave  brotherly  Afliftance  from 
Scotland,  (Kingdoms  both  under  Obedience  to  one 
Sovereign,  both  his  loyal  Subjects)  to  fupprefs  the 
Rebellion  in  Ireland,  which  lies  gafping  every  Day 
in  Danger  to  be  loft  from  his  Majefty's  Subjection, 
be  to  invite  and  encourage  a  foreign  Power  to  invade 
this  Kingdom  ;  then  am  I  guilty  of  High  Treafon. 

$tbly,  *  If  to  agree  with  the  greateft  and  wifeft 
Council  of  State,  to  fupprefs  unlawful  Tumults  and 
riotous  AfTemblies  ;  to  agree  with  the  Houfe,  by 
Vote,  to  all  Orders,  Edicts,  and  Declarations  for 
their  repelling,  be  to  raife  and  countenance  them 
in  their  unlawful  Actions ;  then  am  I  guilty  of  this 
Article. 

6tMy, 


Of    E  N  G  L  A  N  D.      171 

6/&/y,  « If  by  free  Vote,  to  join  with  the  Parlia-  An.  17.  Car.  I. 
ment  in  publishing  of  a  Remonftrance ;  in  fetting 
forth  Declarations  againft  Delinquents  in  the  State; 
againft  Incendiaries  between  his  Majefty  and  his 
Kingdom;  againft  ill  Counfellors  which  labour  to 
avert  his  Majefty's  Affection  from  Parliaments ; 
ngainft  thofe  ill- affected  Bifhops  that  have  inno- 
vated our  Religion ;  opprefled  painful,  learned,  and 
godly  Minifters,  with  vexatious  Suits  and  Molefta- 
tions  in  their  unjuft  Courts ;  by  cruel  Sentences  of 
Pillory  and  cutting  off  their  Ears;  by  great  Fines, 
Banifhments,  and  perpetual  Imprifonment ;  if  this, 
Mr.  Speaker,  be  to  caft  Afperfions  upon  his  Maje- 
fty and  his  Government,  and  to  alienate  the  Hearts 
of  his  loyal  Subjects,  good  Proteftants  and  well- 
affected  in  Religion,  from  their  due  Obedience  to 
his  Royal  Majefty ;  then  am  I  guilty  of  this  Article. 

Jtbfy,  '  If  to  confent,  by  Vote  with  the  Parlia- 
ment, to  put  forth  Proclamations,  or  to  fend  De- 
clarations to  his  Majefty's  Army,  to  animate  and 
encourage  the  fame  to  his  loyal  Obedience;  to  give 
fo  many  Subfidies,  and  raife  fo  many  great  Sums 
of  Money,  willingly,  for  their  keeping  on  Foot  to 
ferve  his  Majefty  upon  his  Royal  Command,  on 
any  Occafion ;  to  apprehend  and  attach,  as  Delin- 
quents, fuch  Perfons  in  the  fame  as  are  difaffected 
both  to  his  Sacred  Perfon,  his  Crown  and  Dignity, 
to  his  wife  and  great  Council  of  Parliament;  to 
the  true  and  orthodox  Doctrine  of  the  Church  of 
England,  and  the  true  Religion,  grounded  on  the 
Dodrine  of  Cbrifi  himfelf,  and  eftablifhed  and 
confirmed  by  many  Acts  of  Parliament  in  the 
Reigns  of  King  Henry  VIII.  King  Edward  VI. 
Queen  Elizabeth,  and  King  James,  of  blefied  Me- 
mory :  If  this,  Mr.  Speaker,  be  to  draw  his  Ma- 
jefty's Army  into  Difobedience,  and  fide  with  us  in 
our  Defigns ;  then  am  I  guilty  of  this  Article. 

'  Now,  Mr.  Speaker,  having  given  you  a  Touch 
concerning  thefe  Articles,  comparing  them  with 
my  Actions  ever  ilnce  I  had  the  Honour  to  fit  in  this 
Houfe  as  a  Member  thereof,  I  humbly  crave  your 
Confideration  and  favourable  Judgment  of  them  ; 

not 


172     The  "Parliamentary  HISTORY 

An.  17.  Car.  I.  not  doubting,  they  being  weighed  in  the  even 
1641.  Scales  of  your  Wifdom,  I  (hall  be  found  innocent 
*~T~^'  J  and  clear  from  thefe  Crimes  laid  to  my  Charge. 

'  Mr.  Speaker,  I  humbly  crave  your  further  Pa- 
tience, to  fpeak  fomewhat  concerning  the  exhibit- 
ing of  this  Charge;  which  is  to  offer  to  your  Con- 
fideration  thefe  Queftions,  viz. 

I/?,  *  Whether  to  exhibit  Articles  of  High  Trea- 
fon  by  his  Majefty's  own  Hands,  in  this  Houfe, 
agrees  with  the  Rights  and  Privileges  thereof? 

idly,  '  Whether  for  a  Guard  arm'd  to  come  into 
the  Parliament,  to  accufe  any  of  theMembers  there- 
of, be  not  a  Breach  of  the  Privilege  of  Parliament  ? 

3^/X>  '  Whether  any  of  the  Members  of  Parlia- 
ment, being  fo  accufed,  may  be  committed  upon 
fuch  Accufation,without  the  whole  Confent  thereof? 

Actbly,  '  Whether  a  Parliament  hath  not  Privi- 
lege to  bail  any  Member  fo  accufed  ? 

$tbly  and  la/fly,  *  Whether  if  any  of  the  Mem- 
bers of  Parliament  fo  charged,  and  by  the  Houfe 
difcharged,  without  Releafe  from  his  Majefty,  may 
ftill  fit  in  the  Houfe  as  Members  of  the  fame.  u 

'And  thus,  Mr.  Speaker,  I  humbly  crave  Par- 
don for  my  Prefumption  in  fo  far  troubling  this  Ho- 
nourable Houfe,  defiring  their  favourable  Confi- 
dcration  of  all  my  Actions ;  and  that  I  may  have 
iuch  Trial  as  to  this  wife  Council  fliall  feem  meet, 
chearfully  fubmitting  myfelf  and  Actions  to  the 
righteous  Judgment  of  the  fame.' 

Sir  Arthur  Hafdrigge's  Speech  was  as  follows  w : 

Mr.  Speaker, 

Sir  Arthur  Ha- '  ^TT^His  Misfortune  of  mine  feems  to  me,  at  the 

jclrigge's,  JL     fi^'  exceeding  ft  range;  not  only  in  refpeft 

of  the  Crimes  laid  to  my  Charge,  but  moft  of  all 

having 

t»  We  do  not  find,  by  the  Journals,  that  the  Commons  came  to 
any  formal  Refolution  on  thjs  or  any  of  the  foregoing  Quefljons  : 
They  feem  to  have  thought  it  unnece/Tary ;  for  it  appears  from  thofe 
Authorities,  that  Mr.  Pymme,  Mr.  Strode,  and  Mr.  Holies  were  of 
a  Committee  (inter  alias)  upon  a  Bill  Fcr  enabling  the  Lordt  and 
C.cmr.tr.s  to  adjourn  this  prefent  Parliament  frcm  Place  to  Place,  as 
t' ey  frail  fee  Caufe,  on  the  nth  of  January,  being  the  firft  Dav 
of  their  Meeting  after  the  late  Adjournment. 

«'  Printed  by  Francis  Conjlable  and  7'.  Rennet,  Lcnden,  1642. 


Of     ENGLAND.       173 

havine  thereby  incurr'd  not  only  the  Disfavour  but  An.  17.  Car.  l, 

ireful  Ihfpleafure  of  his  Sacred  Majefty.     For  the    ^J      '•• 

firft  ;  knowing  the  Innocency  and  Integrity  of  my 

Heart,  that  it  is  free  from  any  fuch  Crime,  either 

in  Thought,  Word,  or  Deed,  againft  either  my 

gracious  Sovereign,  or  my  native  Country,  I  fhall 

the  more  eafily  bear  the  Burden  of  the  Charge  ; 

but  to  groan  under  the  Burden  of  a  moft  pious  and 

wife  Prince's  Difpleafure,  wounds  me  fore. 

*  Mr.  Speaker,  I  humbly  defire  fo  much  Favour 
of  this  Honourable  Houfe,  of  which  I  have  the  Hap- 
pinefs  to  be  a  Member,  to  fpeak  fomething  of  my 
Innocence  in  all  thefe  Crimes  I  am  charged  with. 
4  This  Honourable  Houfe,  Mr.  Speaker,  can, 
I  hope,  witnefs  for  me  the  Manner  of  my  Carriage 
and  Difpofition  in  any  Debate  or  Arguments 
wherein  I  have  been  one.  I  hope  nothing  hath 
proceeded  from  me  that  can  come,  any  ways,  with- 
in the  Compafs  of  Treafon. 

'  In  all  Diiputes  and  Conclufions  of  any  Matter 
by  Vote  of  the  Houfe,  my  Vote  hath  commonly 
agreed  with  the  major  Part;  then  I  hope  my  Vote 
in  Parliament,  being  free,  cannot  be  Treafon. 

'  Mr.  Speaker,  the  Articles,  that  are  exhibited 
againft  me  and  the  other  Gentlemen,  are  of  a  moft 
dangerous  and  pernicious  Confequence,  if  we  mould 
be  found  guilty  of  them  ;  which  God  defend.  I 
would  to  God  thofe  Perfons  that  incenfed  his  Ma- 
jefty againft  us,  which  is  eafily  conceived  who  they 
are,  were  as  free  from  Thoughts  and  Words,  nay 
Actions,  within  the  Limits  of  Treafon,  as  I  hope 
we  fhall  prove  ourfelves,  by  God's  Blefling. 

'  Mr.  Speaker,  it  is  alledged  we  have  endea* 
voured  to  fubvert  the  Fundamental  Laws  of  this 
Land,  abridge  the  King's  Power,  and  deny  his 
Royal  Prerogatives.  Give  me  Leave,  I  befeech 
you,  to  fpeak  concerning  this  Article. 

*  There  are  not,  as  I  conceive,  two  Forms  of  Go- 
vernment in  this  Kingdom  ;  there  are  not  two  Sorts 
of  Fundamental  Laws:  There  is  but  one  Form  of 
Government ;  one  Sort  of  Fundamental  Laws ; 
that  is,  the  Common  Law  of  this  Land,  and  A6ls, 

Sta- 


174     *Ihe  Parliamentary  HISTORY 

An.  17.  Car.  I.  Statutes  and  Ordinances  of  Parliament.  Thefd 
1641.  two,  Mr.  Speaker,  depend  and  hang  one  upon  an- 
^T^'T"*^  other,  fo  that  they  cannot  be  feparated  j  and  he- 
janu«ry.  t^t  fubverts  the  one,  breaks  and  infringes  the  Pri- 
vileges of  the  other ;  and  he  that  breaks  the  Privi- 
leges of  the  one,  fubverts  the  other.  Now,  under 
Favour,  Mr.  Speaker^  to  fpeak  freely  in  Parliament, 
freely  called  and  aflembled  by  his  Majefty's  moft 
Royal  Authority;  to  vote  freely  in  the  fame,  upon 
the  Conclufion  of  any  Bill  to  be  made  a  Law  by  the 
whole  Confent  of  Parliament,  and  afiented  fo  by  his 
Majefty ;  to  agree  in  voting,  with  the  whole  Parlia- 
ment, againft  Delinquents  and  Malefactors  in  the 
State,  to  bring  them  to  condign  Punifhment  for  the 
fame ;  to  give  my  Vote,  in  the  Houfe,  for  removing 
evil  Counfellors  from  his  Sacred  Majefty,  and  to 
place  loyal  and  faithful  ones  in  theirPlace ;  to  ailent, 
with  the  whole  State  aflembled  together  in  Council, 
for  the  fettling  of  Peace  and  Xranquility  in  the 
fame;  to  ordain  and  enact  fuch  wholefome  Laws 
and  Ordinances,  whereby  hisMajefty's  good  Sub- 
jects may  be  governed  in  Righteoufnefs  and  good 
Obedience;  to  vote,  with  the  Houfe,  for  redreffing 
the  many  Grievances  of  the  Commonwealth  :  If 
thefe  be  to  fubvert  the  Fundamental  Laws  of  the 
Land,  then,  Mr.  Speaker,  am  I  guilty  of  this  Ar- 
ticle in  giving  my  Vote  againft  theEarl  diStrafffrd; 
in  voting  thofe  Acts  already  made  and  pafled  by  his 
Majefty ;  in  voting  againft  the  Bifhops ;  in  pro- 
tefting  to  maintain  the  Fundamental  Laws  of  the 
Land,  and  the  true  Proteftant  Religion,  according 
to  the  true  Doctrine  of  the  Church  of  England.  I 
fay  then,  Mr.  Speaker,  in  this  am  I  guilty  of  High 
Treafon ;  but  if  this  be  not  to  fubvert  the  Laws  of 
the  Land,  then,  as  I  conceive,  am  I  clear  from  being 
guilty  of  this  Article :  All  which  I  humbly  leave  to 
the  Confideration  of  this  Honourable  Houfe. 

*  Under  Favour,  Mr.  Speaker,  I  come  now  to 
the  other  Articles  of  the  Charge :  I  will  only  recite 
the  Subftance  of  them,  for  they  all  harp  on  one 
String:  To  endeavour  to  bring  in  an  arbitrary  and 
tyrannical  Form  of  Government :  To  invite  Tu- 
mults 


Of    E  N  G  L  A  N  D.      175 

mults  and  unlawful  Reforts  of  Multitudes  of  People  An.  17.  Car.  I, 

to  the  Parliament,  to  be  a  Colour  for  our  Defigns : 

To  raife  Forces  and  Armies  in  this  Land  to  ailift 

us  in  our  Practices  :  To  invite  foreign  Princes  to 

bring  an  Army  into  the  Land  :  To  endeavour,  by 

Declarations,    Proclamations,    and  otherwife,   to 

alienate  the  Hearts  of  his  Majefty's  loyal  Subjects 

from  their  lawful  Sovereign,  thereby  to  avert  their 

due  Obedience  from  him ;  and,  having  an  evil 

Opinion  of  his  Sacred  Majcfty,  to  perfuade  them 

to  fide  with  us,  and  take  our  Parts  to  effecT:  our 

Defigns.    Give  me  Leave,  I  befeech  you,  to  fpeak 

concerning  thefe  Crimes : 

'  And  firfti  Mr.  Speaker,  to  endeavour  to  bring 
in  an  arbitrary  Power  and  tyrannical  Form  of  Go- 
vernment in  the  Subject,  is  to  deny  Parliamentary 
Proceedings :  To  oppofe  the  Laws  enacted  by  Par- 
liaments ;^to  incenfe  his  Majefty  againft  Parlia- 
ments ;  to  proteft  and  petition  againft  the  Proceed- 
ings thereof;  is  to  bring  in  an  arbitrary  Form  of 
Government :  But  to  agree  with  the  Parliament, 
being  a  Member  thereof,  by  Vote,  to  make  and 
enact  Laws,  I  conceive  this  cannot  be  termed  ar- 
bitrary; neither,  I  perfuade  my felf,  can  the  Effects 
thereof  be  tyrannical. 

Secondly^  '  Concerning  the  late  Tumults  about 
tlie  Houfe,  I  am  innocent  thereof;  neither  came 
they  by  my  Invitation  or  Encouragement;  I  always 
thought  their  Reforts,  in  that  Sort,  were  illegal  and 
riotous :  I  have  voted  with  this  Houfe  for  their  fup- 
preffing;  have  aflented  to  all  Orders  for  their  ap- 
peafing;  agreed  with  the  Parliament,  in  all  Things, 
concerning  their  Petitions  and  Requefts :  Then  I 
hope  this  Honourable  Houfe  will  not  conceive  me 

fuilty  of  this  Crime :  If  it  be  one,  and  granted,  yet 
conceive  far  without  the  Limits  of  Treafon,  for 
thefe  Reafons : 

i/?,  *  They  came  not  with  Arms  to  force  any 
Thing  to  be  done  in  Parliament;  but  humbly,  by 
Petition,  mewed  their  Grievances,  and  defired  Re- 
drefs  thereof;  which  is  one  Privilege,  and  one  of 

the 


1 76     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  the  greateft,  to  make  their  Griefs  known  to  a  Par- 
^4I>        liament,  and  by  them  to  be  relieved. 
January/          2^»  *  They  offered  no  Afiault;  but,  being  af- 
faulted,  preferved  themfelves,  and  departed. 

3<r//y,  *  The  Matter  of  their  Clamour  was  not 
againft  the  King,  nor  any  of  his  Council ;  it  was 
not  againft  the  Lords,  nor  theHoufe  of  Commons; 
it  was  only  againft  Delinquents,  againft  fuch  as  had 
been  the  greateft  Oppreflbrs  of  them. 

Thirdly,  *  I  come,  in  a  Word,  to  the  other  Ar- 
ticles of  the  Charge,  which  I  intend  to  fpeak  of, 
under  Favour,  altogether : 

*  I  pray  you,  who  raifed  any  Army,  actually,  in 
this  Land  but  the  Train'd  Bands ;  which  was  done 
by  the  Parliament,  for  the  Security  of  their  own 
Perfons  in  the  King's  Abfence ;  and,  in  Obedience 
to  his  Commands,  at  his  Return  home,  they  were 
difcharged,  and  afterwards  again  raifed  by  his  Ma- 
jefty's own  Royal  Authority?  And  for  inviting  or 
procuring  any  foreign  Princes  to  aid  me  with  an 
Army,  I  am  altogether  innocent  therein;  I  know 
of  no  Aid  requir'd  but  from  Scotland,  which  is  done 
by  the  Parliament;  my  Vote,  as  a  Member  there- 
of, only  agreeing  with  them  in  the  fame;  and  that 
Aid  is  procured  for  his  Majefty's  Affiftance,  in  fub- 
duing  the  Rebellion  in  Ireland^  and,  as  I  conceive, 
for  no  other  Purpofe.  And  for  the  laft  Article 
wherewith  I  am  charged,  I  hope  to  be  cleared  bv 
this  whole  Houfe:  For  what  Declarations,  or  Pro- 
clamations, have  been  publifhed  but  by  Authority 
of  the  Parlia-  lent,  join'd  with  his  Majefty's  moft 
Royal  Power  and  Afient  thereunto  ?  It  is  manifeft 
to  all  People  that  nothing  is  publiftied  by  the  Par- 
liament, or  any  of  the  Members  thereof,  but  tend- 
eth  to  the  Winning  of  the  Hearts  of  his  Majefty's 
Subjects  to  dutiful  Obedience,  to  intire  Love  and 
tender  Affection,  towards  their  gracious  Sovereign. 
And  I  dare  confidently  fay,  that  there  is  none  of 


'ajefty's  Subjects,  that  are  true  Proteftants  and 
well  affected  to  Religion,  but,  upon  the  leaft  Com- 


his  Maj< 
well  affc 
mand  of  his  Majefty  will  fpend  their  deareft  Blood 


Of    ENGLAND.      177 

in  Defence  of  his  Majefty's  Sacred  Perfon,  his  An-  '"•  Car.  I* 
Queen  and  Princely  Iflue;  the  Laws  and  Conftitu- 
tions  of  this  Kingdom ;  Parliaments  and  the  Rights 
and  Privileges  thereof;  Religion  and  the  Doctrine 
of  the  Church  of  England :  And,  therefore,  1  con- 
ceive I  am  far  from  intending  any  Treafon  either 
againft  his  Majeftv  or  his  Kingdoms. 

*  Thus  craving  Pardon  for  my  Prefumption,  I 
humbly  thank  this  Honourable  Houfe  for  their  Pa- 
tience ;  befeeching  them  to  have  a  good  Opinion  of 
me  and  my  Actions,  that  I  may  receive  fuch  Trial 
as  to  their  Wifdoms  {hall  fecm  meet;  with  my 
hearty  Prayers  for  the  happy  Continuance  of  this 
Parliament,  to  effect  and  finifh  fuch  great  Matters, 
both  in  Church  and  State,  as  may  advance  God's 
Glory;  fettle  all  Things,  in  a  right  Frame,  for  the 
good  Government  of  thefe  Kingdoms,   and  the 
everlafting  Pfeace  and  Tranquility  of  his  Majefty 
and  his  Pofterity.' 

We  do  not  find  that  Mr.  Holies  made  any  Speech 
upon  this  Occafion,  but  Mr.  Stroke's  was  as  fol- 
lows. * 

Mr.  Speaker, 
'  TT  is  the  Saying  of  the  Wife  Man,  even  of  a  AadMr.StroJe », 

J_  King,  Solomon,  the  wifeft  of  all  Kings  that  ever 
reign'd  on  this  Earth,  That  in  the  Countenance  of  the 
King  is  Life  and  Death  ;  like  to  the  Sun,  which,  by 
the  fending  forth  of  his  glorious  Beams  upon  the 
Fruits  of  the  Earth,  nourifheth,  and  caufeth  the 
fame  to  fructify  and  grow,  givesVigour  and  Strength 
to  all  the  Creatures  that  live  in  and  upon  the  fame; 
and,  by  withdrawing  his  Light,  being  over-fha- 
dowed  with  Clouds,  keeps  back  the  Growing  and 
Flourifhing  of  the  Creature;  yea,  and  by  Conti- 
nuance in  that  his  hidden  Motion,  procureth  at  laft 
the  utter  Withering  and  Periming  thereof. 

*  His  gracious  Majefty  is  our  Sun  and  Comforter; 
at  fuch  Time  as  his  glorious  Beams  of  Grace  and 
Favour  reflect  upon  his  good  Subjects,  they  increafe 

VOL.  X.  M  and 

*  By  the  f-»:r,e  Printer  as  Sir  Jrtbur  Hufclngge's,  1642, 


178     Tlie  Parliamentary  HISTORY 

An.  17.  Car  l.  and  grow  in  an  intire  and  tender  Affection  towards 
1641.  njs  Majefty,  fo  that  no  Distempers,  or  Troubles 
*~T]^"""^  whatlbcver,  can  feparate  between  him  and  them. 
But  this  our  Sun,  when  over-fhadowed  with 
Clouds,  and  Mifts  of  Difcoatent  and  Disfavour  to- 
wards his  People,  caufeth  them  to  wander  in  Ob- 
fcurity  and  Darknefs,  even  ready  to  faint  and  de- 
fpair  of  any  Dcfign  they  take  in  hand,  for  the  Safe- 
ty and  Security  of  his  Majefty  and  his  Kingdoms; 
yea,  ftrikes  them,  as  it  were,  with  Death  and  utter 
DeilrucTion. 

'  Mr.  Speaker,  I  perfuade  myfelf  our  gracious 
Sovereign,  in  his  own  natural  Dilpofition,  is  alto- 
gether bright  and  comfortable  ;  he  never  caufeth, 
or  attracts  to  himfelf,  any  Difconlent  towards  his 
loving  Subjects,  but  by  Snggeftion,  Information, 
or  Inftigation,  of  malignant  Spirits,  difeffedied  both 
to  the  Tranquility  and  Peace  of  his  .Majefty  and 
the  whole  State  of  this  Kingdom. 

*  It  is,  Mr.  Speaker,  the  Policy  only  of  defperate 
and  evil-minded  Perions,  that  have  been  the  only 
Troublers   of  our  IJrael,    finding   themfelves   in 
Danger  (by  calling  of  them  to  an  Account  for  their 
Mildeeds  and  Mifdemeanors)  to  be  brought  to  Pu- 
nimment  for  the  fame,  to  caft  Afperfions  upon  thofc 

.     .  faithful  Counfellors  of  the  King  and  State,  who 

ftrive  to  prevent  their  malicious  and  wicked  Defigns 
from  overthrowing  and  deftroying  the  fame. 

*  It  cannot,  Sir,  enter  into  my  Thoughts  that 
ever  his  Majefty,  of  himfelf,  could  have  gone  about 
to  interrupt,  and  hinder  the  happy  Proceedings  of 
this  his  great  and  wife  Council  (whofe  Endeavours 
are  altogether  to  maintain  the  Honour  and  Dig- 
nity, the  Peace  and  Safety,  of  his  Royal  Majefty 
and  his  Kingdoms,  by  removing  fuch  Impediments 
and  Hinderances  as  have,  hitherto,  prevented  the 
Eftablifhing  of  true  Religion  in  this  Church,  con- 
gruent to  the  Doctrine  of  Chriji  and  his  Apoftles, 
let  down  and  manifefted  in  Sacred  Writ)  by  accu- 
ling  and  impeaching  the  Members  thereof  of  High 
Treafon ;  as  if  they,  whofe  Hearts  are  united  to 
their  lawful  Sovereign,  by  Nature  bound  to  the 

De- 


Of    E  N  G  L  AN  D.      179 

Defence  and  Security  of  their  Country,  and,  by  An.  17.  Car. 
Covenant  with  God,  tied  to  the  Maintenance  of 
his  true  Religion,  mould  be  the  Betrayers  and  De- 
ilroyers  of  them  all  together. 

*  Thefe  Articles,  Mr.  Speaker,  exhibited  againft 
myfelf  and  the  other  Gentlemen,  are,  I  conceive, 
not  really  intended  againfr.  us  as  if  we  were  actu- 
ally guilty  of  the  fame ;  but  only  to  procure  our 
Abfence  from  this  Honourable  Houfe,  that  we  may 
not  have  our  free  Votes  in  the  Trial  of  the  twelve 
Bifliops  accufed ;  by  whom,  I  verily  believe,  thefe 
Articles  were  drawn;  and,  only  by  their  Advice, 
and  fuch  as  favour  their  Caufe,  exhibited.     And  I 
pcrfuade  myfelf,  were  we  to  be  apprehended  and 
taken  from  this  Houfe,  under  Pretence  of  Trial, 
we  mould,  by  Force,  immediately  be  cut  off;  al- 
though his  Majefty  conceives,  and  is  really  minded, 
.we  mould  be  legally  proceeded  againft;  of  fuch 

Powerfulnefs  are  thofe  Perfons  that  were  the  Au- 
thors of  them. 

*  Mr.  Speaker,  thefe  Articles,  if  we  were  actu- 
ally guilty,  are,  many  of  them,  I  confefs,  High 
Treafon ;  as  to  endeavour  to  fubvert  the  Funda- 
mental Laws ;  to  introduce  an  arbitrary  Form  of 
Government  in  the  State;  actually  to  levy  \Var 
againft  the  King ;  to  procure  foreign  Aid  to  invade 
this  Land ;  and  the  like.    I  need  not  fpeak  much  to 
clear  myfelf  of  thefe  Crimes.    I  hope  this  Honour- 
able Houfe  will  make  fuch  a  favourable  Conftruc- 
tion  of  all  my  Actions,  fince  I  have  had  the  Honour 
to  fit  in  the  fame,  that  it  will  be  manifeft  to  all  the 
World,  that  they  have  been  far  without  the  Com- 
pafs  of  Treafon  either  againft  my  King  or  Country. 

*  And,  Mr.  Speaker,  if  it  fhall  be  conceived  by 
this  Honourable  Aflembly,  (as  learnedly  it  hath 
already  been  delivered  by  that  worthy  Gentleman 
that  fpake  firft)  That,  as  Members  of  a  Parliament, 
to  agree  with  the  fame  in  all  their  Votes,  for  the 
Punifhment  of  Delinquents,  fettling  of  Religion, 
fecui  ing  of  their  own  Perfons  by  a  Guard,  or  de- 
firing  Afliftance  of  our  Brethren  in  Scotland  to  fup- 
prefs  the  Rebellion  in  Ireland*  be  Treafon,  then, 

M  *  I 


180     The  Parliamentary  HISTORY 

An.  17.  Car.  I.I  think,  we  are  all  guilty  of  thefc  Articles;  other- 
wife  we  are  clear  and  innocent  of  the  fame. 

4  Mr.  Speaker,  I  humbly  deiire  of  this  Honour- 
a^]e  Houfe,  that  I  may  have  a  fpeedy  Trial  upon 
the  fame;  that,  as  I  mall  be  found  guilty  by  the 
Judgment  of  this  High  Court,  I  may  know  my 
Sentence,  which  I  mall  willingly  fubmit  unto ;  be 
it  to  my  Condemnation,  or  Prefervation  ;  wifhing 
and  praying  with  all  my  Heart,  that  none  of  thefe 
evil  and  malicious  Defigns,  in  Agitation  againft  the 
Parliament,  by  any  malignant  Perfons  whatibever, 
may  take  Effect  to  hinder  the  blefled  Proceedings 
thereof;  but  that  you  may  go  on,  with  Courage 
and  Chearfulnefs,  to  fettle  all  Things,  aright,  both 
in  Church  and  State,  for  the  Government  thereof 
in  perpetual  Peace  and  Tranquility.' 

There  are  alfo  extant,  in  fingle  Pamphlets  of  the 
Times  >%  the  following  Speeches  of  Mr.  Grim/lone, 
Mr.  Glynne^  and  Mr.  Maynard,  fpoken  at  the  be- 
fore-mentioned Committee  of  the  Houfe  of  Com- 
mons, at  the  Guildhall,  none  of  which  are  in  Rujb- 
wortb. And  firft  Mr.  Grim/lone.  z 

Mr.  Chair 'man ,  a 
Mr.  Grimftorc"^  rTT\HERE  are  no  Courts  of  Judicature  in  this 
Speech  in  Vindi-  J^  Kingdom  of  England,  but  they  have  feveral 
Rignts  and^Privileges  appertaining  and  belonging 
unto  them;  and  have  fuch  Power  and  Authority, 
in  the  feveral  Jurifdi£tions  of  the  fame  Offices,  that 
they  may  call  to  an  Account,  profecute  and  bring 
to  Judgment,  the  Infringers  of  the  fame. 

'  Of  all  thefe  Courts  there  is  none,  yea,  put 
them  all  together,  they  are  not  all,  of  fo  great 
Power  and  JurifdicYion,  but  remain  inferior  and 
fubje&  to  the  Ordinances  and  Statutes  of  the  High 
Court  of  Parliament. 

'  Sir,  of  fuch  awful  Predominancy  is  the  very 
Name  of  a  Parliament  to  this  Nation,  that  it  ftrikes 

with 

y  London,  printed  by  Francis  Ceriftjilr,   1642. 

2  Member  for  Ctlcbcftcr. 

'  Serjeant  JVyldt,  Kuight  of  the  Shire  for  H'orccJIer, 


Of    E  N  G  L  A  N  D.      181 

with  Terror  and  Defpair  all  fuch  Evil-doers  as  are  An.  17.  Car.r. 
Malefactors  in  the  State:  On  the  contrary  Side,  it        l64K 
enriches  and  comforts  the  drooping  Spirits  of  Men,    ^—-v—— ' 
groaning  under  the  Burden  of  tyrannical  Oppref- 
iion,  inflicted  on  them  unjuftly  and  malicioufly,  by 
unmerciful  and  wicked  Men  that  have  ufurp'd  un- 
to themfelves  Places  and  Offices  of  Power  and  Au- 
thority both  in  Church  and  State. 

'  Sir,  this  Great  and  High  Court  is  not  only  the 
powerfulleft  of  all  other  Courts  whatfoever,  but  the 
prudenteft  and  wifeft,  made  and  compacted  not 
only  of  Men  found  in  Religion  and  well  learned, 
but  ripe  in  their  Judgments,  fele<Sled  from  all  Parts 
of  this  Kingdom,  elected  and  chofen  with  the  free 
Confent  of  the  whole  Body  Politic  of  the  King- 
dom :  This  Great  and  High  Council  is  not  only 
of  fuch  Power  and  Wifdom,  but  endued  and  at- 
tended with  the  moft  and  greateft  Privileges  there- 
of, that  not  only  the  meaneft  of  his  Majefty's  Sub- 
jects, but  the  greateft  Perfonages  of  the  Kingdom, 
are  in  Danger,  if  Infringers  of  the  fame,  to  be  call'd 
inQueftion,'and  by  them  punifhed;  therefore  give 
me  Leave,  Sir,  to  fpeak  fomevvhat  of  the  Privi- 
leges in  this  particular  Incident,  and  appertaining 
to  this  wife  Senate:  And,  in  fpeaking  thereof,  I 
lhall  obferve  thefe  three  Particulars: 

Firft)  '  The  lights  and  Privileges  belonging  to 
the  fame,  in  the  free  Votes  and  Judicature  thereof. 

Secondly^  '  The  Rights  and  Privileges  belonging 
to  the  Power  and  Jurifdiclion  thereof. 

Thirdly,  '  The  Rights  and  Privileges  in  the  Con- 
tinuance thereof;  being  freely  called  and  aflembled 
by  his  Majefty's  Authority,  not  to  be  dhTolved  or 
broken  up  untill  all  Things  agitated  therein,  for 
the  Good  both  of  Church  and  Commonwealth,  be 
fully  concluded  and  determined. 

Firjlj  '  Sir,  concerning  the  Privileges  of  a  Par- 
liament, belonging  to  the  free  Votes  and  Judicature 
thereof,  I  fhall  obierve  thefe  three  Particulars : 

I/?,  *  To  fpeak  freely,  without  Interruption  or 
Contradiction,  in  any  Debate,  Difpute,  or  Argu- 
ment, upon  any  Bufmefs  agitated  in  the  fame,  be- 
M  3  ing 


1 82     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  ing  a  Member  thereof,  I  conceive  to  be  one  Pri- 

1641.        vilege  of  a  Parliament. 

'*T~V^"*'  2*//v,  *  Not  to  be  queftioned,  on  any  fuch  frep 
Difpute,  Argument,  or  Debate ;  nor  to  be  tax'd  or 
accufed  for  the  fame,  either  during  the  free  Sitting 
thereof,  or  after,  is  another  Privilege  of  Parliament. 

3^/X,  *  Freely  to  give  Vote,  Judgment,  or  Sen- 
tence, upon  the  reading  of  any  Bill  to  be  made  a 
Law,  or  any  Bill,  either  of  Attainder  or  other 
Charge,  againft  Delinquents  and  criminous  Perfons 
agairtft  the  State,  at  their  Trial  upon  the  fains,  is 
a  third  Privilege  of  Parliament. 

^.thfy,  *  To  defend  and  maintain  the  free  Vote, 
Judgments  and  Sentences  of  the  whole  Houfe,  by 
Proteftation,  Remonftrance,  or  other  Declaration, 
if  not  confented  unto,  or  oppofed  by  the  Houfe  of 
Lords,  is  a  fourth  Privilege. 

5r£/x,  '  For  any  Member  of  the  Houfe>  not  to 
be  accufed  of  any  Crime,  or  impeached  for  Trea- 
fon  by  any  Perfon  whatfoever,  during  the  Conti- 
nuance of  the  Parliament,  for  Things  done  in  the 
fame,  without  legal  Accufation,  and  Profecution  of 
any  fiich  Member  by  the  whqJe  Houfe,  is  another 
Privilege  of  Parliament. 

btbly,  '  Not  to  be  apprehended  upon  fuch  Im- 
peachment, or  arrefted  by  any  Officer;  or  to  have 
their  Studies  broken  open,  or  Books  and  Writings 
fcized  upon,  without  Confent  or  Warrant  of  the 
whole  Parliament,  is  another  Privilege  of  the  fame. 
And  thus  much,  Sir,  (hall  fuffice  to  be  fpoken  con- 
cerning the  Privileges  and  Rights  of  Parliament, 
appertaining  to  the  Subjects  of  which  I  am  to  fpeak. 

*  I  come  now  to  the  'Second  Thing  I  propofed  to 
your  Audience,  which  was,  The  Rights  and  Pri- 
vileges belonging  to  the  Power  and  Jurifdiclion  of 
the  Parliament,  in  which  I  fhall  obferve  thefe  Par- 
ticulars : 

I/?,  '  To  ccnfult  and  confider  of  what  Laws  are 
fit  to  be  made  and  enacted  in  this  Kingdom,  for 
the  good  Government  thereof,  is  one  Privilege  be- 
longing to  the  Power  and  Jurifdiction  of  this  High 


ea* 


Idly, 


Of    ENGLAND.      183 

idly*  '  To  juftify  or  abrogate,  repeal  or  make  An.  J 
void,  to  ratify  and  confirm,  eftablifh  and  maintain,        a 
Laws,  Statutes,  and  Ordinances,  m  *dc  and  enacted    *""" 
by  precedent  Parliaments,  by  Councils  of  State,  or      Ja 
other  Courts  of  Judicature,  is  a  fecond  Privilege 
pertaining  to  the  Power  and  Jurisdiction  of  the 
Parliament. 

3/tfy,  fc  To  give  Subfidies,  to  raife Taxes,  to  im- 
pole  Loans,  and  other  Charges  upon  the  Subject, 
is  another  Privilege  belonging  to  the  Power  and 
Jurifdiction  of  the  Parliament. 

4/M-,  '  To  accufe  or  impeach  any  Incendiaries 
or  Delinquents  in  this  Kingdom  of  any  Crime  no- 
torious, tending  to  the  Prejudice  of  his  Majeitv,  or 
any  of  his  loyal  Subjects,  whether  it  be  for  Treafon 
or  otherwife,  be  they  Members  of  the  Parliament 
^r  not,  is  another  Privilege  belonging  to  the  Power 
and  Jurisdiction  of  the  Parliament. 

5/Mr,  *  To  profecute  and  bring  to  Judgment 
luch  Perfons  fo  accufed,  or  impeached  for  any 
Crime  whatsoever,  is  another  Privilege  belonging 
to  the  Power  and  Jurifdiction  of  this  Court.  And 
thus  much  of  the  Rights  and  Privileges  belonging 
to  the  Power  and  Jurifdiction  of  a  Parliament. 

*  And  now,  Sir,  I  come  to  the  laft  Thing  I 
mention'd  to  you,  concerning  the  Privileges  oe- 
longinjj  to  the  Continuance  and  free  fitting  of  a 
Parliament,  till  all  Things  be  concluded  on  for  the 

food  Government  of  Church  and  State ;  in  which 
(hail  alfo  obferve  rhefe  Particulars  : 

i/f,  *  That  for  a  Parliament,  when  freely  called 
and  afiembled  by  Royal  Authority,  not  to  be  com- 
pelled to  debate  any  one  particular  Buunefs  ap- 
pointed by  any  Perfon  whatsoever,  is  one  Privilege 
belonging  to  the  Continuance  of  a  Parliament. 

idly,  *  Not  to  break  off  or  diflblve  a  free  Parlia- 
ment, untill  all  the  Grievances  and  Oppreffion  of 
all  his  Majefty's  loyal  Subjects  be  fully  redreffed 
and  remedied,  is  a  fecond  Privilege  belonging  to 
the  Continuance  of  a  Parliament :  As  is,  alfo, 

3<///,  *  Not  to  break  off  or  diflblve  a  free  Par- 
liament, till  all  Incendiaries  and  Delinquents  in 

the 


184      The  Parliamentary  HISTORY 

An.  17   Car.  I.  the  State  be  brought  to  condign  Punifhment  for 

1641.        their  Crimes  :  And, 

*^-"v—  —  ^  4-tkIy,  '  Not  to  accufe  or  impeach  any  Member  of 
the  Parliament,  thereby  to  hinder  and  interrupt  the 
leral  Proceedings  thereof,  in  the  weighty  Affairs  of 
the  Commonwealth,  is  another  Privilege  belong- 
ing to  the  Continuance  of  a  Parliament. 

'  And  thus  having  briefly  declared  to  you  the 
Power  and  Jurifdidtion  of  a  Parliament,  above 
all  other  Courts  of  Judicature  in  this  Land  ;  the 
Wifdom  and  Policy  of  a  Parliament,  above  all 
other  Councils  ;  the  Rights  and  Privileges  of  a  Par- 
liament, in  refpett  of  the  free  Votes  and  Judicature 
thereof;  the  Power  and  Jurifdidion  thereof  ;  and 
the  free  Continuance  thereof;  I  humbly  leave  to 
the  Conftderation  of  this  Houfe,  Whether  the  Ac- 
cufation  of  the  Gentlemen,  accufed  by  his  Majefty,, 
and  the  illegal  breaking  open,  upon  this  their  Ac<- 
cufation,  of  their  Chambers,  Trunks,  and  Studies, 
be  not  a  Breach  of  fome  of  the  Privileges  of  Par- 
liament which  I  have  mentioned  unto  you.' 

Mr.  Glynne's  Speech  upon  the  fame  Occafion11. 

Mr.  Chairman^ 

r.  Giynnc's  on  c  "\  T  7"E  fa  now  upon  that  grand  Bufmefs  of  the 
e&meSubjeft.  \  y  Breaches  of  the  Rights  and  Privileges  of 
Parliaments,  which  are  fo  many  and  great  ;  fo  care- 
fully preferved  and  defended  in  former  Times,  by 
feverely  punifhing  the  Infringers  thereof;  that  I  had 
thought  and  conceived  that  no  Subject,  of  what 
Degree  or  Dignity  foever,  would  either  in  their 
own  Perfons,  or  by  mifmforming  his  Majefty  con- 
cerning the  fame,  have  prefumed  to  have  intrench- 
ed, in  the  leaft  Meafure,  upon  the  free  Liberty, 
Rights,  and  very  Being  of  Parliaments,  or  tend- 
ing to  the  Breach  thereof.  But,  Sir,  I  perceive  by 
the  Perverfenefs  of  divers  Perfons  in  Places  of  Au- 
thority, that  they  dare  not  only  prefume  to  provoke 
hisMajefty  by  their  political  Misinformations,  but 
dare  attempt,  of  themfelves,  to  refift  the  lawful 

Power 

n  Member 


M 


Of    ENGLAND.       185 

Power  both  of  the  King  and  his  High  Court  of  Par-  An.  17.  Car.  r. 
Uament.  l64I- 

*  Sir,  thefe  Men  (notwithftanding  they  appa-  ^T"""*"""^ 
rentiy  perceive  that  their  wicked  Practices  and  ma-  JAm 
licious  Defigns  cannot  take  Eftecl:  according  to  their 
Expectation,  but  are  rejected  and  detected  as  well 
by  his  Sacred  Majefty  as  his  Lords  and  his  whole 
Council)  dare  venture  to  caft  Afperfions,  and  fpread 
abroad  evil  Reports,  not  only  of  the  Members,  but 
of  the  Proceedings  of  the  Houfe  of  Commons  againft: 
them  and  others  of  their  Adherents  and  Favourites 
in  their  wicked  and  defperate  Actions  and  Defigns 
againft  their  lawful  Sovereign  and  his  liege  People. 

'  I  conceive,  Sir,  did  thefe  Perfons  but  reinem*- 
ber  the  many  Precedents,  yet  extant,  of  the  juft 
and  deferv'd  Punifliments,  inflicted  by  former  Par- 
liaments, upon  fuch  Mifcreants ;  as  witnefs  the 
Archbifhop  of  York,  the  Earl  of  Suffolk,  Chief 
Juftice  Belknap,  and  the  reft  of  that  Confpiracy, 
in  the  Reign  of  King  Richard  II.  they  would  have 
prejudged  to  themfelves  the  like  Danger  would  fol- 
low upon  them  for  their  evil  Actions  °. 

'  Nay,  Sir,  did  thefe  Men  but  confider  with 
themfelves  the  juft  Judgments  of  God  that  have 
immediately  lighted  upon  the  Necks  of  fuch  as  have 
been  the  Troublers  of  Kingdoms  and  Common- 
wealths, whereof  they  have  been  Members,  as 
well  recorded  in  Sacred  Writ  as  of  late  Times  in  this 
Kingdom  yet  ftill  frefli  in  Memory,  they  would 
have  laid  their  Hands  upon  their  Mouths  and  Hearts 
when  they  went  about  to  fpeak  or  do  any  Thirrg 
tending  to  the  Dishonour  of  Almighty  God  ;  in  in- 
novating of  his  true  Religion,  and  corrupting  the 
fincere  Do6trine  and  Difcipline  of  Chriji  and  his 
Apoftles  ;  as  alfo  any  Thing  tending  to  the  Diftio-' 
nour  and  perpetual  Deftru&ion  of  his  Royal  Ma- 
jefty, (however  otherwife  they  may  pretend)  the 
Fundamental  Laws  and  Liberties  of  this  Kingdom, 
the  Rights  and  Privileges  of  Parliament,  and  the 
very  Being  thereof:  But  furely,  Sir,  they  are  alto- 
gether 

o  Thp  Proceedings  at  large,  hereupon,  are  in  our  Firft  Volume, 
dnns  II.  Hie.  U.  &  fey. 


1 86     The  Parliamentary  HISTORY 

i.  17.  Car.  l.gether  benummed  and  ftupified,  their  Confciences 

1  4I*        dead  and  feared,  their  Lives  and  Converfations  al- 

Janaary.      together  devoted  to  the  Works  of  Darknefs  and 

Impurity;  their  Defires  altogether  fenfual,  carnal, 

and  devilifh  ;  forgetting  God,   kicking  and  fpurn- 

ing,  with  Malicioufnefs,  againft  all  Piety  and  God- 

Jinefs;  or  elfe  they  would  never  have  adventured 

to  pra&ife  fuch  Things,  as  it  is  too  manifeft  they 

have  done. 

*  Sir,  I  intend  to  be  brief  in  that  which  I  am  to 
fpeak,  concerning  the  Breaches  of  the  Privileges  of 
Parliament. 

Fir/f,  c  To  inform  his  Majefty  of  any  Proceed- 
ings in  the  Houfe  of  Commons,  upon  any  Bufinefs 
xvhatfoever,  before  they  have  concluded,  finifhed, 
and  made  ready  the  fame  to  prefcnt  to  his  Majefty, 
for  his  Royal  Aflent  thereunto,  is  a  Breach  of  the 
Privileges  of  Parliament. 

Secondly',  '  To  mifmform  his  Majefty,  contrary 
to  the  Proceedings  in  Parliament,  thereby  to  in- 
cenfe  and  provoke  him  againft  the  fame,  is  a  Breach 
pf  Privilege  of  Parliament. 

Thirdly,  *  To  caufe  or  procure  any  Information 
or  Accufation  to  be  brought  or  preferred,  without 
the  Knowledge  or  Confent  of  the  Parliament,  into 
the  Houfe,  againft  any  of  the  Members  thereof,  is 
a  Breach  of  Privilege  of  Parliament. 

Fourthly,  '  To  apprehend  any  fuch  accufed,  to 
imprifon  their  Perfons,  to  feize  upon  their  Goods 
or  Eftates,  to  profecute  and  proceed  againft  them, 
to  their  Trial  and  Judgment,  to  condemn  or  exe- 
cute them  upon  fuch  Accufation,  without  the  Con- ' 
lent  or  Advice  of  the  Parliament,  is  a  Breach  of  the 
Privileges  thereof. 

Fifthly,  '  To  endeavour  to  caft  an  evil  Opinion 
of  fuch  Members  accufed,  into  the  Hearts  of  his 
Majefty's  loyal  Subjects,  whereby  they,  difaffe&- 
ing  them,  may  be  willing  and  ready  to  put  in  Exe- 
cution any  Command  or  Warrant  for  their  Appre- 
henfion  and  Imprifonment,  is  a  Breach  of  the  Pri- 
vileges of  Parliament. 

Sixthly, 


Of   ENGLAND.      i<?7 

Sixthly,  «  For  any  Officer  or  Serjeant  to  con 
in  open  Parliament,  to  demand  and  arrelf 
Member  accu fed,  be  it  of  High  Treafon 
ther  Crime  whatfoever,  without  the  K 
of  the  whole  Houfe,  is  a  Breach  of  the  Pri< 
of  Parliament. 

Seventhly^  '  To  cqme  to  a  Parliament,  fitting 
in  free  Confultation,  aflifted  and  guarded  with  arm- 
ed Men  ;  and  with  them,  fitting  the  Houfe,  to  de- 
mand, as  it  were,  VI  et  Armis^  fuch  Members  ac- 
cufcd,  is  a  Breach  of  the  Privileges  of  Parliament. 

Lajlly,  '  To  procure  to  be  let  forth,  or  to  let 
forth,  under  his  Majefty's  Name,  any  Proclama- 
tion or  Declaration,  prohibiting  the  Repair  of  fuch. 
Perfons  accufed  to  the  Parliament  as  Members 
thereof,  and  to  apprehend  them  in  what  Place  fo- 
ever  they  fh?.!l  be  found,  without  the  Advice  and 
Confent  of  the  whole  State,  aifcmbled  and  fitting 
in  free  Parliament,  is  a  manifeft  Breach  of  the 
Privileges  thereof. 

'  And  this,  Sir,  is  all  that  I  have  to  fay  con- 
cerning this  Day's  Bufmefs,  humbly  leaving  the 
fame  to  the  Confederation  of  this  Honourable  Af- 
fembly.' 

Laftly  Mr.  Maynard  l  fpoke  as  follows  : 

Mr.  Chairman^ 
*  rT"»  HE  Intermiffion  of  Parliaments,  fo  long  to- And  Mr. 

I  gether,  hath  been  the  only  Caufe,  I  con-n^'s. 
fidently  believe,  of  all  thofe  Evils  and  Troubles  that 
have  happened  upon  this  and  the  other  his  Majefty's 
Kingdoms.  The  perverfe  Nature  of  Man  is  fo 
froward  and  crooked,  that  it  is  always  inclined  and 
bent  to  do  nothing  but  that  which  is  evil :  Without 
Reftri&ion,  either  by  the  powerful  preaching  of 
the  Word  of  God,  wholefome  and  pious  Difcipline 
in  the  Exercife  of  Religion,  and  good  Laws  madfe 
for  the  ftricT:  Obfervance  and  Performance  of  the 
fame,  under  Pain  of  fevere  Punifhment  for  not 
bbe^ing  thereof:  I  fay,  without  Reftraint  by  fuch 

Means, 

*  Member  for  Totttefi. 


1 88       The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Means,  the  corrupt  Nature  of  the  Flefh  is  not  to 
1641.         ke  curbed  ;    but  will  go  on  to  the  committing  of 
^T"** "^    all  Manner  of  Wickednefs,  both  againft  God,  his 
iary*      King,    and  Country  :  And,    Sir,  the  only  Means 
to  preferve  and  enjoy  the  fincere  and  pure  Teach- 
ing of  God's  Word,  and  pious  Difcipline,  by  whole- 
fome  Laws  enacted  and  made  for  that  Purpofe,  is 
by  a  Parliament ;  by  that  great  and  wife  Council, 
expert  in  all  the  Sciences  of  good  Government, 
either  of  a  Church  or  Commonwealth. 

*  A  Parliament,  Sir,    is  the  cleared  Looking- 
Glafs  for  a  State  perfectly  to  fee  itfelf  in,  tHat  ever 
was  made;  there  is  no  Difeafe,  Infirmity,  orMi- 
fery,  that  it  groans  under  the  Burden  of,  but  in  this 
Glafs  it  may  be  perfpicuoufly  perceived,  and  the 
original  and  prime  Caufes  that  have  produced  the 
fame  :  This  Glafs  is  not  only  clear  and  bright  to 
look  in,  but  it  is  medicinal,  and  of  that  fovereign 
Power  and  Efficacy,  that  it  can  cure  and  remedy 
all  the  Grievances  of  the  Spectators  therein,  of 
what  Perfonage,  Degree,  or  Dignity  foever  they 
be;  of  what  Condition  or  Quality  foever  the  Dif- 
eafe be  they  are  infected  withall ;  of  what  Profef- 
fion  or  Function  foever,  whether  fpiritual  or  tem- 
poral, they  are  of,  if  they  do  but  look  heiein. 

*  Be  they  infected  with  Pride,  Haughtinefs  of 
Heart,   (if  in  Places  of  Authority)   exercifmg  Ty- 
ranny over  the  King's  good  People  and  loyal  Sub- 
je£ts ;    let  them  but  be  brought  to  look  in  this 
Glafs,  they  may  have  Remedy. 

4  Be  they  infected  with  too  much  Eafe,  Idlenefs, 
and  Plenty,  (if  of  the  Clergy)  whereby  is  pro- 
duced Covctoufnefs,  Luxury,  Wantonnefs,  Ava- 
rice, and  all  manner  of  Lafcivioufnefs ;  neglecting 
their  Duties,  in  their  feveral  Places  in  the  Church, 
as  ordinary  Teachers  and  Difpenfers  of  the  Word 
of  God  ;  or,  being  in  Authority  and  Places  of  Go-> 
vernment  in  the  Church,  becoming  hoarfe  and 
dumb  in  their  Preaching  and  Difpenfation  of  the 
Truth  of  God,  according  to  the  fpiritual  and  pure 
Meaning  thereof;  or  elfe  corrupt  in  their  Doctrine, 
teaching  fqjfe  Doctrine,  not  the  Word  of  God, 

but; 


Of    E  N  G  L  A  N  D.      i8p 

but  their  own  Inventions,  or  the  Inventions  and  An.  17.  Car.  I. 

Traditions  of  others;   turning  the  Truth  into  a        l64'- 

Lye,  joining  and  adding  to  the  fame  their  own    ^T~^T^ 

Devices,  as  they  are  Teachers  and  Inftruclers  of 

the  People  and  Children  of  Gpd  ;  or,  as  they  are 

in  Authority,  becoming  proud  and  high-minded, 

not  contented  with  their  fpiritual  Offices,  but  u- 

iurping  to  themfelves  temporal  Jurifdiclion  ;  exer- 

cifmg  Cruelty  againft  thofe  that  are  faithful  and 

painful  Teachers  of  the  Word,  and  holy  in  their 

Lives  and  Conventions;  encouraging  vain  and  idle 

Perfofte',  fcandalous  both  in  their  Teaching  and  in 

their  Lives  :  Thefe,  I  fay,  infected  with  all  thefe 

Sores  and  dangerons  Ulcers,  looking  but  into  this 

Glafs  may  receive  Cure. 

'  Be  they  infected  with  Bribery,  Injuftice  and  Op- 
preflion,  (be  they  Judges,  or  other  Officers  in  Places 
of  Judicature  in  this  Kingdom)  in  their  feveral 
Courts  over  his  Majefty'sSubjedts,  by  viewing  them- 
felves in  this  Glafs,  they  may  receive  Remedy. 

*  Be  they  infected  with  fubtle  Plots,  monopoli- 
zing Devices,  (be  they  Courtiers,  Officers,  Cufto- 
mers, or  whatfoeverelfe)  thereby  procuringGrants, 
Patents,  and  Monopolies  ;  by  them  oppreffing  and 
exceffively  charging  the  Subject,  raifing  and  increa- 
fing  the  Rates  and  Prices  of  all  Commodities,  either 
imported  or  exported,  in  this  Land  ;  if  they  look 
in  this  Perfpective,  they  may  be  cured. 

'  Be  they  infected  with  Treachery,  Confpiracy, 
or  with  any  other  devilifli  Practice  or  Defign  a- 
gainft  his  Majefty  or  his  Kingdoms,  as  they  are 
either  Papifts,  Recufants,  Priefts,  and  Jefuits  ;  or 
difTolute  and  difaffected  Proteftants ;  or  Baar& 
Priefts,  that  halt  between  divers  Opinions,  in  part 
Proteftants,  in  part  Papifts,  and  in  part  Arminians; 
if  they  will  but  look  into  this  Glafs,  it  will  clearly 
difcover  and  cure  them. 

*  And  thus,  Sir,  having  fpoken  fomething  of  the 
Nature  of  a  Parliament,  and  of  the  Sovereignty 
thereof  in  difcovering  and  curing  all  Difeafes  in  a 
Commonwealth,  I  come  to  fpeak  a  Word  or  two 
of  the  R  ights  and  Privileges  appertaining  and  belong- 
ing 


190      The  Parliamentary  HISTORY 

An.  17.  Car.  I.  ing  to  a  Parliament.    I  know  right  well  thofe  Gen-« 
1641.        tlemen  who  fpoke  Yefterday  *  have  fet  forth,  clearly 
v*p~v~"-J    and  learnedly,  the  Privileges  thereof ;  fufficient- 
ly  ferving,  as  I  conceive,  for  this  Day's  Bufincfs 
I  fhall  only  fpeak  concerning  that  Privilege,  which 
one  of  them  hath  already  mentioned,  '  Not  to  be 
queftioned  or  accufed,   (for  or  concerning  any 
Vote,  Argument,  or  Difpute,  as  Members  of  a 
Parliament,  during  the  free  fitting  thereof)  either 
in  the  Continuance  of  a  Parliament,  or  after  the 
fame  be  diilblved  or  broken  off,  either  legally  or 
illegally.'     That  which  I  fhall  only  fpeak  of,  is 
the  Breach  of  this  grand  Privilege  of  Parliament, 
as  I  conceive,  by  accufmg  of  High  Treafon  thofe 
fix  worthy  Members  of  the  fame,  during  the  Con- 
tinuance thereof,    for  Matters  debated   on,    and 
done  in  the  fame,  as  Members  thereof;  and,  upon 
this  Accufation,  to  break  open  their  Chambers, 
Trunks,  and  Studies,  and  feizing  on  their  Books 
andWritings:  Thefe,  I  conceive,  are  great  Breaches 
of  this  Privilege,  for  thefe  Reafons : 

I/?,  '  If  to  be  queftioned  for  free  Debating,  or 
Arguing,  in  Parliament  be  no  Breach  of  this  Pri- 
vilege, then  we  cannot  fafely  intermeddle  with,  or 
agitate  any  Bufmefs  whatfoever,  either  concerning 
Church  or  State,  but  what  fhall  be  appointed  and 
nominated  by  his  Majefty  and  his  Privy  Council ; 
•which  is  a  Reftricrlon  of  the  Power  of  Parliament, 
given  unto  the  fame  by  the  Royal  Confirmation  of 
his  Majefty,  confirming  to  us,  at  our  Meeting,  all 
our  Rights  and  Privileges. 

2<#y,  c  If  to  accufe  the  Members  of  the  Parlia- 
ment of  Treafon,  for  Things  done  in  the  Houfe, 
be  not  a  Breach  of  this  Privilege,  then  is  it  dange- 
rous to  fit  in  Parliament  upon  any  Bufmefs  of  Dif- 
orders  in  the  State,  and  Giievances  of  the  Subject, 
committed  by  great  Perfonages,  as  Lords  and  Bi- 
fhops ;  who  may,  by  their  fubtle  Inventions,  in- 
duce his  Majefty  to  favour  their  Actions,  they  pre- 
tending all  they  do  is  for  his  Honour,  Maintenance 
of  his  Prerogative  and  Royal  Power,  and  the  like, 

'  Mr.  Gritnfione  and  Mr.  Clynne. 


Of     ENGLAND.       191 

3<tfp,  c  If  upon  any  fuch  Accufation,  the  Cham-  An.  17.  Car.  T. 
bers,  Trunks,  and  Studies,  of  fuch  accufed  Mem- 
bers may  be  broken  open,  and  their  Writings  feizcd  ^"^^ 
on,  be  not  a  Breach  of  this  Privilege,  then  will  it      J 
altogether  difcourage  any  Man  to  undertake  any 
Service  for  the  Good  of  his  Country  ;    when  he 
ihall  perceive  he  may,  at  Pleafure,  be  bereaved  of 
fuch  Means  and  Helps,  as  may  enable  and  make 
him  fit  for  the  fame. 

«•  And  now,  Sir,  having  added  to  the  former 
Speeches  what  I  conceive  neceflary  to  the  Bufmefs 
we  have  now  in  Debate,  my  humble  Motion  is, 
That  a  Declaration  may  be  forthwith  drawn,  and 
let  forth  in  Print,  giving  Notice  to  all  his  Majefty's 
loyal  Subjects  of  the  Privileges  of  Parliament,  and 
lire-aches  thereof,  by  the  accufing  of  thefe  Gentle- 
men, breaking  open  their  Chambers,  &c.  and  en- 
deavouring to  apprehend  and  commit  them  to  Pri- 
fon ;  under  a  certain  Puniftiment  to  be  inflicted 
upon  thofc  that  fliall  obftinately  refufe  to  obferve 
the  fame.' 

The  Committee  hereupon  came  to  feveral  Re- 
folutions  in  fupport  of  the  Privileges  of  Parliament ; 
which,  upon  the  Report  thereof  to  the  Houfe, 
were  digefted  into  one  Declaration  in  Form.— 
This  will  appear  under  its  proper  Date. 

As,  in  the  before-mentioned  fliortRecefs  of  Par- 
liament, the  Journals  of  both  Houfes  are  filent,  we 
Ihall  refer  our  Readers  to  Lord  Clarendon  and  Mr. 
Rujhwortb  for  what  was  further  done,  in  this  Inter  - 
ral,  by  the  King,  or  the  Committee  of  the  Com- 
mons fitting  then,  firft  at  theGuildhall,  and  after  at 
Grocers-Hail,  in  London.     We  only  think  proper 
to  mention,  That  the  accufed  Members  having 
withdrawn  themfelves  into  the  City  of  London^  the 
King  went  thither  on  the  5th  of  January  ;  made 
a  Speech  to  the  Common-Council  aflembled  at  the  The  King  iflbes 
Guildhall,  requiring  their  Afliftance  in  apprehending  out  a  Prochma- 
the  faid  Members ;  and  dined  with  oneofthe  Sheriffs,  Slin^uS*" 
where  he  v/as  nobly  entertained.     On  the  8th  he  Kmbdton,  SV, 

iflucd 


192     T/Je  Parliamentary  Hi s  TOR  Y 

An.  17.  Car.  I.  jfTued  out  a  Proclamation,  commanding  all  A'lagi- 
ftrates  and  Officers  to  apprehend  and  carry  them  to 
January  t'le  T°wer-  -And  on  tne  lOth,  the  Day  before  the 
Parliament  met  again,  the  King  removed  himfelf 
and  Royal  Family  to  Hampton-Court;  from  thence1 
to  Wt»dfir\  and,  after  feveral  other  Removes,  went 
down  to  York)  on  the  igth  of  March  following. 

And  leaves  i^-ljjpon  this  Occafion  Mr.  Whitlocke  obferves, «  That 
it  was  a  great  Wonder  to  many  prudent  Men,  that 
the  King  fhould  leave  this  City,  the  Place  of  his 
and  his  PredecefTors  ufual  Refidence;  where  moil 
of  his  Friends  and  Servants  were  about  him,  the 
Magazine  of  all  Provifions  both  for  War  and  Peace, 
the  Place  for  Intelligence  and  Supplies,  and  betake 
himfelf  to  the  Country,  where  thefe  Things  were 
r.ot  to  be  had ;  and,  by  his  leaving  the  Town,  bring 
great  Difadvantages  upon  himfelf  and  his  Affairs  : 
This  was  thought  not  to  have  been  done  advifedly ; 
but  the  Fears  of  thofe  with  him,  and  his  own  Fears 
for  them,  occafioned  by  great"  Numbers  of  People 
gathered  together  in  a  very  tumultuous  Manner 
about  Whitehall  and  Weflminfter^  and  his  Hopes 
that,  by  his  Abfence,  the  Heat  of  the  Houfe  of 
Commons  might,  in  fome  Meafure,  be  cooled, 
were  alkdged  in  Excufe  for  this  Adlion.' 

The  Parliament       "January  ii.  This  Day  both  Houfesbeing  to  meet 
meet  purfuant  tc  again  at  Weftminjier^    purfuant  to  Adjournment, 
Adjournment.    Mr>  Whitlocke^  again,  informs  us,  c  The  accufed 
Members  were  triumphantly  brought  from  London 
to  Wejlminjler  by  Water,  by  a  great  Number  of 
Citizens  and  Seamen,  in  Boats  and  Barges,  with 
Guns  and  Flags;  braving  as  they  pafled  by  White- 
hall^ and  making  large  Proteftations,  at  Weftmin- 
jhr^  of  their  Adherence  to  the  Parliament.' 

The  Houfe  of  Lord's  begun  Bufmefs  with  a  Vote, 
«  That  it  was  fit  and  neceflary  to  have  a  ftrong  and 
fufficient  Guard,  for  the  Security  of  both  Houfes, 
that  they  may  fit  in  Safety  :  And  that  it  was  a  legal 
Way  for  the  Houfes  to  require  the  Sherifts  of  Mid- 
dlcfex  and  London  to  attend,  for  that  Purpofe,  with 
a  PoJJe  Comitatus.'  At  the  fame  Time,  the  King's 

An- 


Of    E  N  G  L  A  N  D.       193 

Anfwer  to  the  Parliament's  laft  Remonftrance  to  An.  17.  Car.  I. 
him  for  a  Guard,  was  reported  to  this  EfrecT: : 

T?7!£  having  conjidered  the  Petition  of  both  Houfes 
'  '  cf  Parliament  concerning  a  Guard,  do  give 
this  Anfwer  to  it,  That  we  will,  to  fecure  tbeir 
Fears,  command  the  Lord  Mayor  of  London  to  ^-concerning  a 
point  2OO  Men,  out  of  the  Trained  Bands  of  the  City,  Guard. 
'fuch  as  he  will  be  anfwerable  to  us  for,  to  wait  on  the 
Houfe  s  of  Parliament;  that  is  to  fay,  100  on  each 
Houfe,  and  to  be  commanded  by  the  Earl  of  Lindfey ; 
it  being  moft  proper  to  him,  as  being  Lord  Great- 
Chamberlain,  who,  by  his  Place,  hath  a  particular 
Charge  of  the  Houjes  of  Parliament,  and  of  whofe 
Integrity,  Courage,  and  Sufficiency,  none  can  doubt. 

The  Lord-Keeper  acquainted  the  Houfe,  that  he 
had  receiv'd  a  Letter  from  the  King,  commanding 
him  to  attend  him  at  Windjor,  with  all  Speed,  the 
next  Morning  :  Upon  which  the  Lords  gave  him." 
Leave  to  go,  and  ordered  the  Lord  Chief  Juftice 
to  fit  as  Speaker  in  his  Room. 

The  Lord  Kimbolton,  one  of  the  accufed  Mem-  Lord  Kimbolta 
bers,  moved  the  Lords,  '  That  he  lying  under  fo ™vjs  for  his' 

freat  a  Charge,  which  concerned  his  Life,  his 
ftate,  and  his  Honour  which  was  deareft  to  him, 
the  Attorney-General  might  be  commanded  to 
profecute  the  Accufation  againft  him,  and  he  was 
ready  to  anfwer  it :  But  if  the  Attorney-General 
was-  not  ready,  his  Lordfhip  faid  he  tendered  him- 
felf  to  their  Difpofal  and  Commands,  his  own  In- 
nocency  making  him  thus  confident.' 

Mr.  Attorney  being  commanded  to  fpeak  about 
this  Matter,  along  with  the  other  Profecutions,1 
faid,  '  That  what  he  did  was  by  the  exprefs  Com- 
mand of  the  King,  his  Matter,  and  not  done  by 
his  Advice ;  but  itnce  that,  having  attended  the 
King  to  take  his  further  Directions  therein,  his 
Majefty  told  him,  That  when  he  went  out  of 
Town  he  would  leave  fomewhat  with  the  Lord- 
Keeper  to  be  laid  before  this  Houfe;  yet.  upon  his 
VOL.  X,  N  afcintf 


194     The  Parliamentary  HISTORY 

An.  17.  Car.  I.afking  the  Lord- Keeper,  he  told  him  the  King  had 
l64J-        not  left  any,  but  had  lent  for  him  to  attend  him 
*~!    v    ""*    fpeedily. 

January.          *  ' 

Serjeant-Major  Skippcn,  with  two  Companies  of 

The  Lords  ap-      .      ,-,J    .    ,  .  „   J  ,          * r         ,         ,    ,        ,      T r      , 

point  a  Guard    tne  Train  d  Bands,  was  ordered,  by  the  Lords,  to 
for  both  Houfes.  attend  both  Houfes,  every  Day,  for  the  Security 

of  the  Parliament,   untill  they  ihouid  give  Orders 

to  the  contrary. 

This  Day,  alfo,  Sir  Philip  Stafylton  brought  up  a 
Meflage  to  the  Lords,  to  acquaint  them,  *  That  the 
Houfe  of  Commons  were  informed  that  there  was 
Ordws  relating  tnen  at  Hull  a  Magazine  of  the  King's,  with  Arms 
*t Hull  ^  'ne  for  1 6, coo  Men,  and  proportionable  Ammunition: 
But  in  regard  no  great  Strength  was  in  the  Town, 
and  that  the  Country  about  was  full  of  Papifts,  ill 
affected,  the  Commons  defired  their  Lordmips  to 
join  with  them  that  fome  Companies  of  the  Train'd 
Bands,  next  to  //«//,  might  be  forthwith  put  into 
that  Town,  for  the  Safeguard  of  it  and  the  Maga- 
zine; the  {aid  Train'd  Bands  to  be  under  the  Com- 
mand of  Sir  John  Hotham,  who  had  the  Command 
of  that  Town  already,  by  Patent  from  the  King.* 
This  was  agreed  to  by  the  Lords,  with  this  Addi- 
tion, *  That  the  faid  Sir  John  fhould  not  deliver 
up  the  Town  of  //«//,  or  the  Magazine  there,  or 
any  Part  thereof,  without  the  King's  Authority  fig- 
nified  unto  him  by  the  Lords  and  Commons  now 
afiembled  in  Parliament.' 

Ordered,  alfo,  That  the  King  be  made   ac- 
quainted with  this  Order  very  fpeedily. 

The  faid  Sir  Philip^  alfo,  brought  up  a  Bill,  in- 
A  Bill  to  enable  titled,  An  Aft  that  the  Lords  and  Commons  may  ad- 

the  Parliament    •          tbcmfehes,  refpeSllvely,  to  any  Place;  which 
to  adjourn  them-Y,..,  J     .     ,         •/£r>.          J.       ,       < ,      r       c  T        , 

fcives  to  any      -B1"  was  reac^three  limes  in  the  Houfe  of  Lords 
Place.  that  Day,    and   pafied  without   any  Oppof:tion. 

The  Lord- Keeper  was  ordered,  when  he  attended 
the  King,  to  acquaint  him  with  the  Order  concern- 
ing Hull;  and  likewife  to  move  his  Majefty,  from 
both  Houics,  that  he  would  be  pleafed  to  cr'ive  his 
Royal  AfTent  to  the  Bill  aforefaid,  with  another  for 

preffing 


Of    E  N  G  L  A  N  D.     195- 

prefling  of  Mariners,  and  a  third  for  redeeming  of  An.  17.  Car.  J, 
Captives  in  Algiers,  l64I- 

A  Meflage  was  brought  from  the  Commons,  ta  January» 
let  their  Lordfhips  know.  That,  in  regard  of  the 
•great  Jcaloufies  and  Diftradlions  of  London,  by  Sir 
'John  Byron's  being  Lieutenant  of  the  Tower,  the 
Citizens  {hutting  up  their  Shops  and  giving  over 
Trade ;  and,  in  regard  of  their  good  Affections  ex- 
prefled  to  the  Parliament,  the  Houfe  of  Commons 
defired  their  Lordihips  to  join  with  them  to  petition 
the  King  that  Sir  John  Byron  might  be  forthwith 
removed  from  being  Lieutenant  of  the  Tower  \  and  T^e  Com™na 

i_       o  •->•;/"•  i  11         i-n/r       aelire  the  Kemo- 

that  Sir  John  Conyers  be  recommended  to  his  Ma- vai  of  Sujobn 

jefty  for  that  Place.  Byron  from  being 

The  Lords  taking  this  MefTage  into  Confidera-  ^^ $££ 
tion,  a  great  Debate  arofe;  when,  atlaft,  on  the  the  Lords  refute 
Queftion,  it  was  refolved,  That  this  Houfe  thinks their  Confeot. 
not  fit  to  join  with  the  Commons  in  this  Petition; 
and  this  Vote  was  immediately  fent  down  to  them. 

The  laft  Things  we  fhall  take  Notice  of  in  the 
Bufmefs  of  this  long  Day,  are  Petitions  from  the 
County  of  Bucks  to  both  Houfes,  and  entered  in 
their  Journals.  They  were  brought  up  to  Town 
by  divers  Knights,  Gentlemen,  and  Freeholders,  to 
the  Number,  fays  Mr.  Rtijhworth,  of  about  4000, 
riding  every  Man  with  a  printed  Copy  of  thePro- 
teftation,  lately  taken,  in  his  Hat.  Their  Petition 
to  the  Lords  the  Colleftor  has  given  us  ;  but  has 
omitted  that  to  the  Commons,  which  ftands  thus 
in  their  Journals ,  and  evidently  fhews  the  Temper 
of  thefe  Times. 

To  the  Honourable  the  KNicnts,  CITIZENS, 
and  BURGESSES  of  the  Houfe  of  Commons,  now 
affembled  in  Parliament, 

The  HUMBLE  PETITION  of  the  Inhabitants  of  the 

County  of  BUCKS, 
Sheweth, 

rHAT  whereas,  for  many  Tears  paft,  we  have  Bu 
been  under  very  great  Pre/ures,    which  afe?e™lon 
dearly  fet  forth  in  the  late  Remon/irance  of  tbeBlSho*s 
N  2 


196     'The  Parliamentary  H  i  s  T  o  R  y 

An.  17.  Car.  I.  Houfe  of  Commons ;  the  Redrefs  whereof  hath  for  d 
long  Time  been  by  you  endeavoured  with  unwearied 
Pains,  tho'  not  with  anfwerable  Succefs,  having  Jiill 
your  Endeavours  fruftrated  or  retarded,  and  we  de- 
prived of  the  Fruit  thereof,  by  a  malignant  FaElion 
of  Popijh  Lords,  Bijhops,  and  others;  and  now,  of 
late,  to  take  from  us  all  that  little  Hope  which  was 
left  of  a  future  Reformation,  the  very  Being  of  the 
Parliament  /haken;  and,  by  the  tnifchievous  Practices 
of  mojl  wicked  Counfellors,   the  Privileges  thereof 
broken  in  an  unexampled  Manner,  and  the  Members 
thereof  unajjured  of  their  Lives,  in  whofe  Safety  the 
Safety  of  us  and  our  Pojlerity  is  involved;  we  held  it 
our  Duty,  according  to  our  late  Prote/iation,  to  defend 
and  maintain  the  fame  Perfons  and  Privileges,  to  ths 
utter  mo  ft  Expense  of  our  Lives  and  EJlates :  To  which 
Purpofe  we  are  now  come  to  make  the  humble  Tender 
of  our  Service,  and  remain  in  Expectation  of  your 
Command  and  Order ;  to  the  Execution  whereof  we 
Jhall,  with  all  Alacrity,  addrefs  ourfelves,   ready  to 
live  by  you,  or  to  die  at  your  Feet,  againft  wbotnfo- 
ever  Jhall,  in  any  Sort,  illegally  attempt  upon  you. 
May  it  therefore  pleafe  this  Honourable  AJfembly  to 
ajjift  the  ardent  Prayer  of  your  Petitioners,  that 
Popijh  Lords  and  Bijhops  may  be  forthwith  outed 
the  Houfe  of  Peers ;  that  all  Privileges  of  Par- 
liament (yours  and  our  Pojlerity' s  Inheritance) 
may  be  confirmed  to  you  j  and  that  all  evil  Coun- 
fellors, the  Achans  of  this  Commomueal,  may 
be  given  up  to  the  Hand  of  Jit/lice ;  without 
all  which,  your  Petitioners  have  not  the  leajl 
Hope  of  the  Kingdom's  Peace,  or  to  reap  thofe 
glorieus  Advantages,  which  the  fourteen  Months 
Seed-time   of  your   unparalleled  Endeavours 
have  given  to  their  unsatisfied  Expectations. 
So  your  Petitioners  mall  be  bound  to  pray,  &c. 

We  find,  by  the  Journals,  that  this  Petition  was 
extremely  agreeable  to  the  Commons. 

Jan.  12.  Both  Houfes  feem  to  be  in  the  utmoft 
Confufion ;  many  Informations  being  given  of  con- 
cealed 


Of   E  N  G  L  A  N  D,      197 

cealed  Amis,  and  of  Infurreclions,  &c.    This  Day  An.  17.  Car.  I, 
the  Lords  were  informed,  That  there  was  a  Defign'-      l64I- 
difcovered    for  killing  fome  of  that  Houfe   this    •— "v— — ' 
Night;  and  the  Earls  of  Northumberland,   E/ex,      Jam 
Holland,  Pembroke,  and  Leicefter^  were  particularly 
named.     The  Witnefs  to  this  was  one  Francis 
Moor,  call'd,  in  the  Journals,  an  Italian ',  who  over- 
heard fome  Difcourfe  between  two,  in  that  Lan- 
cuas;e,  tending  thereto.     But  though  the  PerfonsSeve!:al  Ordel?» 

fc      e- ' .  ° .  .     «  ,  .       occasioned  by  In- 

accufed  were  taken  up  and  examined,  yet  nothingformatjons  ^f 

more  Came  of  it.  Infurreftions, 

The  Tower  of  London  was  next  the  Care  of  bothpjots'  ®"f« 
Houfes.   Informations  had  been  given,  that  Ammu-      , 
nition  and  Provifions,  in  great  Quantities,  had  been 
carried  out  and  in,  &c.  Upon  this  the  Lords  agreed 
with  the  Requeft  of  the  Commons,  That  a  conve- 
nient Guard  might  be  put  round  the  Tower •,  both  by 
Land  and  Water,  under  the  Command  of  Major- 
General  Skippon;  and  that  the  Common-Council  of 
London  might  be  made  acquainted  with  this  Order. 

The  Lieutenant  of  the  Tower  being  likewife  fentThe  Lieutenant 
for  to  attend  both  Houfes,  he  gave  this  Anfwer  tooftteTwrkat 
the  Meflage,  «  That  he  was  very  ready  to  attend  £"t  J^Tto  * 
the  Parliament,  according  to  their  Order;  but  hecome. 
conceived  he  could  not  come  without  his  Majefty's 
Leave  firft  obtained,  in  refpecl:  he  had  received  a 
Warrant  from  him,  with  a  Command  not  to  de- 
part out  of  the  Tower  without  his  Leave,  but  to 
refide  there.'     A  Copy  of  which  Warrant  the  faid 
Lieutenant  fent  to  the  Parliament. 

The  Lords  thought  this  Refufal  of  the  Lieute- 
nant's to  come,  a  high  Contempt  of  the  Order  of 
that  Houfe,  notwithstanding  the  King's  Warrant; 
becaufe  the  King's  Command  is  always  fuppofed  to 
be  implied  in  an  Order  of  their  Houfe. 

After  fome  Debate,  the  Lords  fent  a  Meflage  to 
the  Commons  to  acquaint  them  with  this  Affair ; 
who  foon  after  return'd  their Lordmips  thefe  Votes; 

I.  *  That  Sir  John  Byron^  the  now  Lieutenant 

of  the  Tower,  hath  committed  a  high  Contempt  a- 

gainft  theAuthority  andPrivileges  of  Parliament,  by 

jfefufing  to  appear  upon  the  Summons  of  Parliament. 

N  3  2.  «  That 


198     The  Parliamentary  HISTORV 

An.  17.  Car.  I.      2.  *  That  Sir  John  Byron  fhall  be  fent  for  as  % 

l64I-        pelinquent.' 

^r^^^1        To  the  firft  Vote  the  Lords  agreed,  but  demur- 
red to  the  fecond  for  that  Time. 

A  Meflage  was  brought  up  from  the  Commons, 
That  Col.  Lunsford  and  the  Lord  Digby  had  ap- 
peared in  Arms,  at  Kingfton  upon  Thames,  to  the 
Terror  and  Affright  of  his  Majefty's  Subje&s,  &c. 
and  to  defire  their  Lordmips  that  Lord  Digby  might 
be  fent  for  to  attend  their  Service,  as  a  Member 
of  that  Houfe.  The  Lords  anfwered,  That  they 
would  fend  for  him,  if  he  was  at  King  ft  on  or  at 
Court ;  but  if  he  was  gone  to  Sherborn,  in  Dorfet- 
Jhire,  to  fetch  his  Lady,  he  had  Leave  to  do  it. 

The  Earl  of  Southampton  dropping  fome  Words, 
this  Day,  in  a  Debate,  *  That  the  Parliament  had 
neglected  their  Duty  to  the  King,  for  the  Safety  of 
his  Perfon,'  he  was  call'd  upon  to  explain  them. 
After  which  it  was  refolved,  upon  the  Queftion, 
Nem.  Con.  '  That  this1  Parliament  hath  perform'd 
their  Duty  to  the  King,  for  the  Safety  of  his  Per- 
fon; and  that  the  Karl  had  fatisfied  the  Houfe  with 
his  Explanation. 

Jan.  13.  Some  further  Regulations  were  made, 
in  the  Houfe  of  Lords,  for  the  Security  of  the  City 
of  London,  and  the  neighbouring  Counties,  againft 
Lord  Digby's  Infurre&ion  at  Kingfton. 

The  King's  An-     The  fame  Day,   the  Lord -Keeper  reported, 
Aver  concerning  c  That  he  had  waited  on  the  King,  according  to  their 
#*//,  ^t.Z11    at Lordfhips  Commands,  and  had  moved  his  Majefty, 
from  both  Houfes,  to  be  pleafed  to  give  his  Royal 
Aflent  to  the  three  Bills  lately  patted  "And  had  like- 
wife  acquainted  him  with  the  Order  made  concern- 
ing the  putting  of  Sir  John  Hotham  into  Hull,  for 
the  Security  of  that  Town  and  the  Magazine  there ;' 
to  which  his  Majefty  return'd  thefe  Anfwers: 

I .  *  Concerning  the  Bill  for  prefllng  of  Mariners, 
?  and  that  for  the  Captives  at  Algiers,  his  Majefty 
'  is  content  to  give  his  Aflent  to  them  -3  and,  for 

'that 


Of   ENGLAND.       199 

'  that  Purpofe,  had  given  Warrant  for  a  Commif- An.  rj.  Car.  1. 
'  fion  :  But,  for  the  Bill  for  giving  Power  to  the 

*  Houfes  to  adjourn  to  London,   &c.  his  Majefty 

*  fays,  in  regard  that  neither  he,  nor  any  of  his 
'  Council  had  feen  it,  he  would  take  fome  Time 
'  to  confider  of  it,  before  he  refolved  any  Thing 
c  therein.     For  the   Fears  concerning  Hull,  his 

*  Majefty  hath  formerly  confidered  the  fame  ;  and 
4  hath  already  taken  fpecial  Care  for  the  Security 
'  of  that  Place  from  the  adjoining  Papifts.' 

The  Lord-Keeper  alfo  reported  what  his  Ma- 
jefty had  commanded  him  to  deliver,  concerning 
the  Lord  Kimbolton  and  the 'five  Members. 

'  That  his  Majefty  taking  Notice  that  fome  think  His  Declaration, 
c  it  difputable,  wherher  this  Proceeding  againft  tnat^nt1Iproceedi'nr 
'  Lord  and  thofe  Gentlemen  be  legal,  and  agreeable  againft  the  accu- 
'  to  the  Privileges  of  Parliament;  and  being  very  fed  Members. 
'  defirous  to  give  Satisfaction  to  all  Men  in  all  Mat- 
'  ters  that  may  feem  to  have  Relation  to  Privilege, 
'  he  is  pleafed  to  wave  his  former  Proceedings ;  and 

*  all  Doubts  being  by  this  Means  fettled,  when  the 
'  Minds  of  Men  are  compofed,  he  intends  to  pro- 
'  ceed  therein  in  an  unqueftionable Way;  and  af- 
'  fures  his  Parliament  that,  upon  all  Occafions,  he 
'  will  be  as  careful  of  their  Privileges,  as  of  his 
'  Life  and  his  Crown.' 

This  Anfwer  from  the  King  was  ordered  to  be 
communicated  to  the  Houfe  of  Commons. 

We  meet  with  the  following  Speech  of  the  Earl 
of  Monmoutb,  this  Day,  in  the  Houfe  of  Lords,  on 
occafion  of  the  King's  having  withdrawn  himfelf 
horn  Whitehall*. 

My  Lords, 

*  T  Shall  defire  to  be  heard  fpeak  a  few  Words,  Earl  of  M«n- 

|_  which  I  would  much  rather  have  heard  fpo-  mouth's  Speech 
ken  by  any  of  your  Lordihips,  that  fo  they  might  ^ 
have  had  a  happier  and  a  more  handfome  Expref-$a//t 
fion ;  tho'  with  a  better  Heart,  and  clearer  Inten- 
tions, they  could  not  have  been  fpoken. 

'The 

»  London,  printed  for  J.  Benfon,  164X1 


2oo     ¥he  Parliamentary  HISTORY 

An.  17.  Car-.  I,  <  The  fad  Condition  we  are  now  in,  my  Lordsj 
*s  *"uck  as  's  to°  aPParent  to  any  Man,  who  hath  but 
half  an  Eye :  The  City  of  London  is  full  of  Jealou- 
lies  and  Apprehenfions  ;  we  fit  not  here  free  from 
Fears  ;  the  King  hath  withdrawn  hirnfeif  from 
hence,  together  with  his  Queen  and  Children,  out 
of  a  Belief,  as  1  conceive,  that  his  Majefty's  Per- 
fon  was  not  fafe  here.  While  Things  continue  in 
this  Pofture,  my  Lords,  we  may  well  fear  an  im- 
pairing, but  we  can  hardly  hope  for  the  bettering  of 
Affairs.  God  hath  placed  us,  my  Lords,  in  the  Me- 
dium betwixt  the  King  and  his  People  ;  let  us  play 
our  Parts,  my  Lords  $  let  us  do  our  Duties,  and 
difcharge  our  Confcicnces ;  let  us  really  prove  otir- 
felves  what  we  are  by  Name,  Noblemen  ;  let  us 
endeavour  to  work  a  perfect  and  a  true  Underftand- 
ing  between  the  King  and  his  People ;  let  us  freely 
unbofom  ourfclves  to  his  Majefty ;  and  defire  that 
his  Majefty  will  be  pleafed  to  do  fo  to  us  ;  and  to 
this  End,  my  Lords,  which  is  the  End  of  my  Mo- 
tion, if  it  (hall  be  approved  of  by  your  Lordfhips, 
Ido  humbly  move,  That,  by  Way  of  Conference, 
or  any  other  Way,  we  may  defire  the  Houfe  of 
Commons  to  join  with  us ;  firft,  in  an  humble  Pe- 
tition to  his  Majefty,  that  he  would  be  gracioufly 
pleafed  to  return  to  his  good  City  of  London^  as  the 
iafeft  Place,  we  conceive,  for  his  Sacred  Perfon  in 
thefe  diftemper'd  Times ;  and,  then,  that  they  will 
likewife  join  with  us  in  aProfefiion,  orProteftation, 
that  we  will  do  what  in  us  lies  to  free  his  Majefty 
from  his  Fears  ;  to  take  from  the  Citizens  of  Lon- 
don^  and  his  Majefty's  other  Subjects,  their  Jealou- 
fies  and  Apprehenfions ;  and  that  we  will  live  and 
die  his  Majefty's  faithful  Advifers,  Counfellors,  and 
loyal  Subjects.' 

The  Event  of  this  Motion  does  not  appear  by 
the  Journals. 

The  Lieutenant  of  the  Tower  being,  at  laft,come 
to  the  Houfe,  was  brought  to  the  Bar ;  and  being 
afk'd,  why  he  committed  the  h igh  Contempt Yefter- 
day,  he  anfwered,  *  That  he  was  in  a  Dilemma  be- 
tween 


Of    ENGLAND.      201 

tween  his  Majefty's  Commands  and  their  Lordfhips  An.  17.  Car.  I, 
Order;  but  he  underftanding  fince  that  the  Kind's        l6*T' 
Command  is  involved  in  that  Order,  and  was  one  in 
Kffecl,  he  dcfired  their  Lordfhips  Pardon  for  his  not 
coining  Yefterday  ;  profeffing  he  did  it  not  out  of 
any  Difobedience  or  Contempt  of  the  Parliament.' 
This  Anfwer  was  fent  to  the  Commons,  and  the 
fame  Day  the  Lieutenant  was  difmiiTed  his  Attend- 
ance on  the  Lords  for  that  Time. 

The  Attorney-General  was  then  heard  what  he 
could  fay  to  juftify  himfelf,  for  charging  the  Lord 
Kimbolton  and  the  five  Members,  and  to  prove  it 
was  a  Parliamentary  Proceeding,  and  no  Breach  of 
Privilege. 

And,  firft,  he  faid,  c  That  for  the  Matter  of  the  The  Attorney- 
Charge,  and  the  framing  of  the  Articles,  he  had  no-  S^^SST 
thing  to  do  with  them,  neither  did  his  Majefty  ad-  ^J  Prowedings* 
vife  with  him  therein;    but  the  bringing  of  the  againft  Lord 
Charge  into^that  Houfe,  which  he  did  by  his  Ma-  Kimtelttnt  fiJV, 
jefty's  Command,  and  only  in  Obedience  there- 
unto :  And,  for  the  Legality  of  this  Proceeding,  he 
infilled  upon,  and  opened  at  large,  the  whole  Pro- 
ceedings of  the  King's  Attorney  in  the  Earl  of 
Bri/loTs  Cafe,  fecundo  Carolt;  which  being  done, 
the  Houfe  appointed  to  take  thut  Bufinefs  into  fur- 
ther Confideration  the  next  Day. 

The  Lord  Kimbolton^  upon  his  Majefty's  late 
MefTage  concerning  himfelf  and  the  five  Alembers, 
moved,  *  That  fince  his  Majefty  waved  the  former 
Proceeding,  the  Houfe  would  become  Suitors  to 
his  Majefty  that  he  might  be  brought  to  as  fpeedy 
a  Trial  as  poflible,  that  fo  he  might  not  lye  under 
this  Accufaticn  ;  but  be  cleared  or  judged.' 

The  Commons  alfo  having  defired  Liberty  to 
examine  the  Attorney -General,  upon  certain  In- 
terrogatories, he  made  it  his  humble  Requeft  to  the 
Lords,  4  That  he  might  be  excufed  from  anfwering 
to  any  Queftions  to  difcover  what  the  King  had 
committed  to  him  as  fecret  Counfel,  which,  by  his 
Oath,  he  was  bound  not  to  reveal;  but  what  con- 
cerned himfelf  he  would  willingly  and  ingenuoufly 
anfwer  to.'  And  it  was  the  Senfe  of  the  Houfe, 

That 


The  Commons 
Declaration  for 
putting  the 
Kingdom  into  a 
Pofl-ure  of  De- 
fence. 


202     The  Parliamentary  HISTORY 

*'  \76  f^'That  if  Mr.  Attorney,  at  the  Conference,  mould 
defire  not  to  anfwer  to  fome  Queftions  that  may  be 

T[^^7  afked  him,  the  Houfe  will  take  it  into  Confidera- 
tion  whether  it  be  fit  for  him  to  anfwef  or  not. 

A  Meflage  from  the  Houfe  of  Commons  was 
brought  up,  this  Day,  to  the  Lords,  by  Mr.  Wb'it- 
locke^  with  a  Declaration  for  putting  the  Kingdom 
into  a  Pofture  of  Defence ;  which,  having  patted 
their  Houfe,  they  defir'd  their  Lordftiips  to  join  with 
them  therein,  that  it  might  be  difperfed  throughout 
the  Kingdom.  This  Declaration  was  as  follows :  1 

WHereas  the  Papifts,  and  other  ill-affeaed 
Perfons  within  this  Kingdom,  both  be- 
fore and  fince  this  Parliament,  by  many  wicked, 
and  traiterous  Defigns,  mentioned  in  a  Remon- 
ftrance  of  the  State  of  this  Kingdom,  have  plot- 
ted and  laboured  the  Confufion  of  this  State  and 
Government;  the  Subverfion  of  the  antient  and 
Fundamental  Laws  of  this  Kingdom,  and  a  Di- 
vifion  of  the  Body  of  this  Commonwealth  from 
the  Head  thereof;  to  the  end  they  might  the  bet- 
ter effect  their  devilifli  and  bloody  Purpofes,  for 
the  utter  DeftruiHon  of  the  true  Reformed  Reli- 
gion and  the  Profefibrs  of  the  fame ;  and,  in  fur- 
ther Purfuance  of  their  wicked  Endeavours,  have 
and  daily  do  contrive  all  poflible  Means  to  bring 
this  Kingdom  into  the  like  miferable  Condition 
with  that  of 'Ireland;  as  docs  clearly  appear  to  the 
Lords  and  Commons  in  this  prefent  Parliament,  by 
fundry  Informations  and  Examinations  produced 
before  them :  And  they,  the  better  to  bring  the 
fame  to  pafs  here,  do  fecretly  and  cunningly  work 
to  raife  DiftracYions  in  this  Kingdom,  by  high 
Breaches  of  the  Privileges  of  Parliament;  plotting 
to  have  fome  of  the  Members  thereof  accufed 
of  High  Treafon,  and  to  be  taken  out  of  the  ' 
Houfe  of  Commons  by  Force;  and,  to  that  End, 
reforting  in  great  Numbers,  in  a  warlike  Manner, 
to  the  very  Doors  of  the  faid  Houfe,  arm'd  with 

4  Swords 

"From  the  Commons  Journals  :  This  extraordinary  Declaration, 
with  thcConfequences  thereof,  is  not  mention'd  at  all  in  Rujhnvorth, 


Of   E  N  G  L  A  N  D.      203 

*  Swords,  Piftols,  and  other  Weapons,  ready,  and  A 

*  intending  to  fall  upon  the  faid  Houfe,  and  cut  the 
'  Throats  of  the  Members  there,  as  by  divers  Ex- 
'  animations  clearly  appears ;  whereby  this  Parlia- 
6  ment  might  have  been  involv'd  in  Blood  and  Con- 
'  fufion,  the  Relief  of  the  Irijh  Proteftants  prevent- 
<  ed,  and  an  evident  and  fpeedy  Way  opened  to  the 
'  Ruin  of  us  and  our  Religion  here  in  this  King- 

*  dom:  But  failing  of  their  Hopes  therein,  through 

*  the  great  Mercy  of  God  towards  us ;  neverthe- 
'  lefs,  they  ftill  perfift  in  their  wicked  and  traiterous 
'  Courfes,  confederating  themfelves  with  Strangers, 
'  and  inftigating  Foreign  Princes  to  join  their  Coun- 

*  fels  and  Forces,  and  by  Invafion  from  abroad, 
'  and   inteftine  War  here  amongft  ourfelves,  to 

*  wafte  the  Wealth  and  Subftance,  and  totally  to 
'  annihilate  the  true  Proteftant  Religion,  and  the 

*  whole  Frame  of  Government  in  all  his  Majefty's 

*  Dominions.     And,  building  upon  that  Founda- 

*  tion,  great  Numbers   of  Soldiers,  Papifts,  and 

*  other  difafte&ed  Perfons  to  our  Exiftence  and 
'  Well-being,  have  enrolled  themfelves  in  a  Lift, 
'  under  the  Commands  of  Perfons  fit  for  the  Execu- 
'  cution  of  their  wicked  Defigns ;  and  have  made 

*  great  Preparations  of  Arms,  Ammunition,  and 
'  Victuals  in  feveral  Parts  of  the  Kingdom ;  where 
'  they  have  likewife  had  frequent  AfTemblies  to 
'  confult  how  they  might  compafs  their  deteftable 
'  Machinations  ;  and,  thro'  malignant  Counfels, 
'  have  prevailed  fo  far,  as  to  have  the  Tower  of 
'  London,  and  other  Places  of  eminent  Strength  and 

*  Truft,  to  be  put  into  the  Hands  of  fuch  Perfons 
'  as  we  have  juft  Caufe  to  fufpecl:  will  adhere  to 

*  them,  and  turn  the  Strength  of  the  Kingdom 
'  againft  itfelf : 

'  All  which,  the  Lords  and  Commons,  in  this 
e  prefent  Parliament  aflembled,  as  Watchmen 
«  trufted  for  the  Good  and  Welfare  of  the  King, 
'  Church,  and  State,  having  taken  into  their  ferious 
'  Confideration,  and  labouring  by  all  fit  Means  to 
'  prevent  thefe  great  and  threatning  Dangers  to  his 
'  Majefty's  Royal  Perfon,  to  our  Religion,  Lives, 


204     The  Parliamentary  HISTORY 

An,  17.  Gar.  l.<  Liberties,  and  Fortunes,  have  thought  good  to 

16411        *  give  timely  Advertifement  thereof  to  all  his  Ma- 

~"C^7~J    '  jefty's  Subjects  of  the  Reformed  Proteftant  Reli- 

4  gion  ;   declaring  thereby  that  they  hold  it  necef- 

*  lary  and  advifeable,  that  with  all  Expedition  they 
'  put  themfelves  into  a  Pofture  of  Defence,  to  pro- 
'  vide  fit  Arms  and  Ammunition,  and  be  ready,  on 
'  all  Occafions,  to  defend  their  feveral  Counties 
<  from  domeftic  Infurre£Hons  or  foreign  Invafions. 

*  And  that  the  Sheriffs,    [uftices  of  the  Peace, 

*  Mayors,  and  Head-Officers,  within  their  feveral 

*  Liberties,  do  take  Care  that  their  Magazines  of 

*  Powder,  Arms,  and  other  Ammunition  be  com- 

*  pleatly  furnifhed;    and  that  they  caufe  itrong 
4  Guards   and  Watches  to  be  let  in  convenient 

*  Places  to  fecure  themfelves,  and  for  the  appre- 

*  bending  of  fuch  Perfons  as  they  fhall  have  juft 

*  Caufe  to  fufpect;  and  if,  upon  Examination,  any 
4  Grounds  of  Danger  fhall  appear,  to  give  Notice 
'  thereof  to  the  Parliament ;  and  that  all  Officers 

*  do  take  Care  that  no  Soldiers,  Arms,  or  Ammu- 
4  nition,  be  raifed  or  levied,  nor  any  Caftles,  Forts, 
4  or  Magazines,  delivered  up  without  his  Majefty's 
4  Authority  fignified  by  both  Houfes  of  Parlia- 

*  ment.' 

'Jan.  14.  Bufinefs  began  in  the  Houfe  of  Lords 
with  reading  a  general  Order  for  fuppreffing  of 
Tumults  and  unlawful  AlTemblies  throughout  the 
Kingdom  ;  wherein  Lord  Digby  and  Col.Lunsford's 
Armament,  at  Kingjlon  upon  Thames,  was  parti- 
cularly mentioned.  This  was  ordered  to  be  lent 
down  to  the  Lower  Houfe. 

This  Day  the  Commons  fent  up  a  Remonftrance 
to  the  Lords,  againft  the  Marquis  of  Hertford,  for 
fome  Remifsneis  in  his  Government  of  the  Prince; 
and  to  dcfire  their  Lordfhips  to  join  with  them  in 
an  humble  Defire  to  the  King,  That  he  would  not, 
on  any  Caufe  whatfoever,  fuffer  the  Prince  to  be 
conveyed  out  of  the  Kingdom,  without  the  Ad- 
vice and  Confent  of  Parliament. 

The 


Of    E  N  G  L  A  N  D. 

The  Lords  took  into  Confidcration  the  Declara-  An.  17.  Car.  I. 
tion  fent  up  the  Day  before  by  the  Commons,  con- 
cerning putting  the  Kingdom  into  a  Pofture  of  De-    ^^^ 
fence;  and,  after  much  Debate,  the  Queftion  was 
put,  Whether  the  Preamble  of  this  Declaration  To  wllich  the 
fhould  be  referred  to  a  Committee  to  be  fo  drawn,  Lords retufe their 
that  it  may  appear  to  be  the  Narrative  of  thec°ncurrencc' 
Houfe  of  Commons  only,  and  fo  published  ?  It 
parted  in  the  Negative.     But  though  the  Lords  re- 
fufed  even  to  commit  this  Declaration,  yet  it  was 
refolved  to  have  a  Conference  with  the  Houfe  of 
Commons,  to  hear  the  Reafons  that  induced  them, 
to  make  this  Narrative  therein. 

The  Lord-Keeper  acquainted  the  Lords,  That 
he  had  juft  then  received  a  Letter  and  a  Meflage 
from  the  King;  both  which  were  ordered  to  be 
read,  and  were  in  thefe  Words  : 

My  Lord- Keeper, 

JHIS  is  to  command  yiu  to  deliver  that  which  is 
contained  within  the  inclofed  Paper,  as  a  Mejfage 
from  me  to  both  Houfes ;  and  that  injiantly,  and  with- 
out  Delay.    And  fo  I  reft 

Windfor,  Jan.  ,4.  YoUF  affured  Friend> 

l6*'-  CHARLES  R. 

The  Meflage  was  as  follows  : 

JLfIS  Majefty  being  no  lefs  tender  of  the  Privileges^*  King's  fe- 
tt  of  Parliament,  and  thinking  bimfeif  no  Lfs  cm-  %££?&£ 
cerned  that  they  be  not  broken,  and  that  they  be  af-  cufed  Members* 
ferted  and  vindicated  whenfoever  they  are  fo,  than  the 
Parliament  itfelf,  bath  thought  fit  to  add  to  his  lajl          N 
Meffage,  this  Profeffion,  That  in  all  his  Proceedings 
againft  the  Lord  Kimbolton,  Mr.  Holies,  Sir  Ar- 
thur Hafelrigge,  Mr.  Pymme,  Mr.  Hampden,  and 
Mr.  Strode,  he  had  never  the  leaji  Intention  of  -vio- 
lating the  leaft  Privilege  of  Parliament ;  and  in  cafe 
any  Doubt  of  Breach  of  Privilege  remains,  he  will  be 
willing  to  clear  that,  and  ajfert  thofe,  by  any  reafon- 
able  Way  that  his  Parliament  /hall  advife  him  to : 
Upen  Confidence  of  which  he  no  way  doubts  his  Parlia- 
ment 


206     The  Parliamentary  HISTORY 

An.  17.  Car.  I,  ment  ivill  forthwith  lay  ly  alljealoufies,  and  apply 
1641.         themfelves  to  the  public  and  pr  effing  Affairs,  and  cjpe- 
--—  V-—  '    dally  to  thofe  of  Ireland  ;  wherein  the  Good  of  this 
January.  ,  and  the  true  Religion  (which  Jhall  ever  be 


his  Majejly'  s  firjl  Care)  are  fo  highly  and  fo  nearly 
concerned;  and  his  Majejly  affures  himfelf,  that  his 
Care  of  their  Privileges  will  increafe  their  Tender- 
nefs  of  his  lawful  Prerogative  ,  which  are  fo  necejfary 
to  the  mutual  Defence  of  each  other;  and  both  which 
will  be  the  Foundation  of  a  perpetual  perfect  Intel- 
ligence between  his  Majejly  and  his  Parliament,  and 
of  the  Happinefs  and  Prosperity  of  his  People. 

Ordered,  That  this  Meflage  fhould  be  imme- 
diately communicated  to  the  Commons  at  a  Con- 
ference. 

Jan.  15.  In  a  Debate  concerning  the  Lord  Digly 
and  the  Kingflon  Bufinefs  before-mentioned,  Sir 
Philip  Stapylton  made  the  following  Speech  :  r 

Mr.  Speaker, 

JT  is  the  continual  PracYiee  of  the  Devil,  after 
I   any  of  his  Works  of  Darknefs,  and  Maliciouf- 

Occafion  of  Lord     JL      V  •    A'  /-»    j         i  i  •/-./•/?  j-r 

s  andCol.nefs  intended  agamft  God  and  his  Chrijt  are  difco- 
ap-    ver'd  and  annihilated  by  the  fpecial  Power  of  Divine 
ArmS  Provence,  to  pradlife  new;  being  always  ftriving 
to  increafe  his  own  Kingdom,  always  winning  to 
himfelf  frefhlnflruments,  to  yield  to  his  Suggeftions 
and  Temptations,  and  execute  the  fame. 

'  I  am  now  to  fpeak  concerning  this  new  Treach- 
ery and  Confpiracy,  endeavoured  to  be  praclifed  by 
two  eminent  Perfons  ;  that  have,  efpecially  the  one 
of  them,  obtained  the  Favour  not  only  of  their 
Prince,  but  applauded  for  their  better  Parts  by 
moft  of  his  Majefty's  Subjects,  Lord  Digby  and 
Col.  Lunsford:  The  firft  had  the  Honour  to  fit  in 
this  Houfe  as  a  Member  thereof,  fo  well  approved 
•was  he  both  of  his  King  and  Country;  none  more 
fervent  againft  Evil-doers,  at  the  firft,  than  himfelf 

feemed 

f  From  Nalfotfs  CoIIeEiiws  :  It  is  not  in  Raft/worth)  nor  do  we 
jneet  with  it  in  the  Pamphlets  of  the  Times. 


Of   E  N  G  L  A  N  D.     207 

feemed  to  be,  both  by  his  Speeches  and  Difputes;  An.  17.  Car.  I. 
but,  in  Heart,  always,  as  it  feems,  favouring  the  Bi- 
Ihops  and  their  Caufe;  and  although  it  feemed  but 
a  little,  yet  increafmg  daily  more  and  more,  he 
grew  to  iuch  Strength  in  his  Opinion  concerning 
his  own  Worth,  that  he  adventured  to  take  Part 
with  the  Earl  of  Stratford^  trufting  too  much  on 
the  fame :  So  high  his  Pride,  that  at  length  he  pre- 
fumed  to  oppofe  and  fet  himfelf  againft  the  Pro- 
ceedings of  the  whole  Houfe  againft  the  faid  Earl, 
obftinately  refufmg  to  be  admoniftied  concerning 
the  fame ;  and  yet,  keeping  many  of  the  Lords  his 
Friends,  he  was,  by  his  Majefty,  as  a  Baron,  called 
to  that  Houfe  ;  and  afpiring  yet  higher,  obtained 
his  Prince's  Favour,  not  yet  acquainted  with  his 
fecret  Intentions ;  by  which  Means,  too  confident 
of  Safety  and  Security  in  his  Defigns,  he  adven- 
tured openly  to  comply  with  the  public  Enemies 
both  of  King  and  Country,  and  efpecially  now, 
with  this  other  Perfon  of  whom  I  am  to  fpeak,  this 
Colonel ;  who,  being  by  his  Majefty  advanced  to 
that  Dignity  and  Trult,  could  not  fo  content  him- 
felf, but  imitating  the  Wacer-Toad,  feeing  the  Sha- 
dow of  a  Horfe  feem  bigger  than  itfelf,  fwelled  to 
compare  with  the  fame,  and  fo  burft;  even  fo  this 
Gentleman,  having  obtained  firft  this  Place  of 
Command,  and  afterwards  Lieutenant  of  the  Tower, 
and  being  found  of  fuch  a  malignant  Spirit  that  he 
was  unfit  and  incapable  for  that  great  Place  of 
Truft,  and  therefore  removed  ;  taking  the  fame  a 
great  Difhonour  to  his  Worth,  he  now  endeavours, 
by  traiterous  and  defperate  Actions,  to  defend  him- 
felf, and  be  reveng'd  of  his  pretended  Adverfaries; 
and  to  that  Purpofe  they  have,  between-  them 
jointly,  raifed  Arms  againft  the  State,  met  together 
in  peaceable  Confutations  for  the  Good  of  the 
Church  and  Commonwealth. 

*  Mr.  Speaker,  thefe  Attempts,  made  by  thefe 
Perfons,  are  of  dangerous  Confequence ;  and  this 
their  Infurrection,  (by  taking  up  Arms  without 
Warrant  both  from  his  Royal  Majefty  and  this 
High  Court  of  Parliament,  on-ly  to  do  Mifchief  in 

raifmg 


The  Parliamentary  HISTORY 

An.  17.  Car.  i.raifing  Sedition  and  Contention,  thereby  to  preferve; 

l64!«        themfelves  from   being  called  to  an  Account  for 

^  ~~v^"— '    their  defperate  Aclions)  will  prove  harder  to  ap- 

januan.      peafe  ancj  fUpprefSi  than  any  Troubles  we  have  yet 

fuffered. 

'  Mr.  Speaker,  I  conceive  quick  Difpatch  in  our 
Intentions,  for  the  apprehending  and  fupprefling 
thefe  Perfons,  is  the  only  Means  to  prevent  future 
Danger :  And  to  that  Purpofe  J  defire  to  prefent  ta 
your  Confiderations  thefe  Particulars  : 

I/?,  '  That  Warrants  may  iflue  forth  for  the 
fpeedy  and  private  apprehending  of  them,  in  what 
Places  foever  they  (hall  be  found,  and  immediately 
to  bring  them  before  the  Parliament. 

2d7y,  '  If  this  cannot  be  effected,  to  iflue  forth 
Proclamations  for  their  Calling  in,  within  a  certain 
Time  prefix'd,  under  Penalty  of  being  profecuted 
and  proceeded  againft  as  Traitors  to  their  King 
and  Country. 

3^/y,  c  That  Warrants  be  forthwith  fent  for 
the  guarding  and  fecuring  of  all  the  Ports  of  this 
Kingdom;  and  for  the  intercepting  of  all  Packets 
or  Letters  intended  to  be  conveyed  into  foreign. 
Kingdoms,  or  any  brought  from  thence  hither. 

iftnly^  '  That  Order  be  fent  down  into  the  fe- 
veral  Counties  of  this  Kingdom,  where  it  is  fufpecl- 
ed  either  of  thefe  Perfons  have  any  Friends  or  Fa- 
vourites, Well-wifhers  to  their  Caufe;  with  Com- 
mand to  the  Sheriffs,  and  feveral  Officers  of  fuch 
Counties,  to  ftand  upon  their  Guard,  and  to  raift* 
Force  for  their  own  Defence  and  Safety ;  and  to 
endeavour,  by  all  Means  poffible,  to  apprehend 
and  fupprefs  them  and  fuch  of  their  Confpiracy  as 
fhall  be  taken,  prefently  to  be  fent  up  to  Parlia- 
ment, to  be  examined  and  profecuced  according  as 
they  (hall  be  found. 

5 /':>/)',  c  That  Order  may  be  made  by  the  Par- 
liament, That  no  Officer,  that  {hall  be  found  to 
have  a  Hand  in  this  Plot,  may  be  employ'd  in  any 
Service  cf  public  Command,  either  for  Ireland  or 
any  other  of  his  Majefty's  Dominions,  or  any  pri- 
vate Affairs  of  this  Kingdom. 


Of     ENGLAND.       209 

That  we  may,  without  further  Delay,  An.  17 
proceed  to  Sentence  agamic  all  Delinquents,  by  this 
Honourable  Houfe  accufed  for  any  Crime  w'hatfo- 
ever,  in  whofe  Defence,  or  for  whole  Caufe,  thefc 
Perfons  now  accufed  pretend  to  take  up  Arms. 

Jtbfy,  '  That  his  Majefty  may  be  moved  gra- 
cioufly  to  be  pleaded  to  declare  himfelf  againft  thefe 
Perfons,  and  all  others  that  do  any  ways  pretend 
to  his  Authority  or  Warrant  for  what  they  do. 

Stkfy  and  la/fly^  '  His  Majefty  may  be  moved  to 
avert  his  intended  Journey  to  Portjmouth^  for  the 
Security  of  his  Royal  Perfon,  till  fuchTime  as  thefe 
Dangers  be  removed,  and  the  Peace  and  Unity  of 
all  his  Majefty's  loyal  Subjects  be  fettled. 

'  And  thus,  Mr.  Speaker,  having  prefented  fuch 
Things  to  this  Houfe,  which  I  humbly  Conceive 
to  be  neceflary  to  fupprefs  and  prevent  this  new 
Danger,  threatened  by  thefe  two  difaffccled  and 
male-contented  Perfons,  the  Lord  Digby  and  Co- 
lonel Lunsford,  I  leave  the  fame  to  the  further  Con- 
Jfideration  of  this  Honourable  Houfe;  defiring,  from 
rny  Heart,  that  it  would  pleafe  God  to  end  all  the 
Troubles  and  Diftempers  of  this  Commonwealth  ; 
and  that  this  High  Court  of  Parliament  may  prove 
the  firm  Settlement  of  all  Things  amifs,  both  in 
Church  and  State.' 

The  EfFecT:  of  this  Speech  will  be  feen  in  the 
Sequel. 

The  fame  Day,  Jan.  15,  a  Conference  was  held  The  Comnfons 
between  the  two  Houfes,  at  the  Delire  of  the  Com- renew  their  De- 
mons,  concerning  the  Tower  of  London  ;  wherein  £*  removing^!* 
they  renewed  their  former  Motion,  That  the  Lords  John  Bjfcn. 
would  join  with  them,  in  getting  the  prefent  Lieu- 
tenant removed,  and  fuch  a  Perfon  put  in  as  the 
King,  Parliament,  and  City  may  confide  in.   They 
faid,  That  Sir  John  Byron  had  been  difobedient  to 
the  Summons  of  both  Houfes ;  but  that  they  fpoke 
not  as  defiring  he  might  be  punifhed  for  it,  but  as 
a  Ground  of  Diftruft.     That  the  Citizens  faid, 
Tho'  the  Lieutenant  might  be  a  worthy  Gentleman 
otherwife,  vet  he  was  a  Man  unknown  to  them, 

VOL.  X.  O  arid 


2 1  o     The  "Parliamentary  HISTORY 

An.  17.  Car.  I.  and  that  his  being  in  that  Poft  produced  ill  Effeils, 
1641.        That  the  Merchants  began  to  draw  their  Bullion 
v— -v— — '    out  of  che  Mint ;  had  wrote  to  their  Factors  to  lend 
January.       no  more  .  t)lat  a  Snjp  was  m  tne  Thames,  in  which 
was  a  great  deal  of  Bullion,  but  the  Owners  would 
not  carry  it  to  the  Mint,  becaufe  they  cannot  confide 
in  the  Lieutenant  of  the  Tower.   That  it  concerned 
the  City  and  Trade  exceedingly,  for  it  was  a  Charge 
to  the  City  to  keep  a  Guard  about  theTower ;  there- 
fore they  defired  their  Lordfhips  to  join  with  them, 
in  petitioning  the  King  to  have  this  Man  removed, 
and  Sir  John  Conyers  to  be  put  in  his  Place. 

Before  the  Lords  would  come  to  any  Refolution 
in  this  Affair,  they  ordered  that  Certificates  fhould 
be  made  of  thefe  Matters,  from  the  Common-Coun- 
cil of  London,  and  theAierchants  there,  of  the  Decay 
inTrade,bV.  and  whether  it  proceeded  from  Sir  John 
Byron's  being  Lieutenant  of"  the  Tower  ;  and  thefe 
to  be  fpeedily  laid  before  the  Lords  in  Parliament. 
The  Earl  of  Ejjex  acquainted  the  Houfe  of  Lords, 
That  the  King  had  commanded  him,  as  Lord- 
Chamberlain  of  the  Houfhold,  and  the  Earl  of  Hol- 
land^ as  Groom  of  the  Stole,  to  attend  his  Majefty 
at  Hampton-  Court ;  concerning  which  they  prayed 
the  Pleafure  of  the  Houie,  being  required,  by  their 
\VYits,  to  attend  the  Bufmefs  of  the  Kingdom  at 
JVeflmmfler.  The  Lords  refolved,  Not  to  difpenfe 
with  their  Abfence,  in  refpect  of  the  many  great  and 
TheLords  refnfe  urgent  Affairs  depending:  Hereupon  they  excufed 
T™  thc  ^tthemfelves  to  his  Majefty,  That,  in  Obedience  to 

<XEj}ex»B&Ks!- .  .     ,,T  .         .  •'.  ,.-"  .  '  n  .     ,,      .. 

land  go  to  the    his  Writ,  they  were  obliged  to  aiiiit  in  Parliament; 
King  at  Hamp-  and  that  their  Attendance  there,  about  the  high  Af- 
to,i-Cturt.          fajrs  Of  the  Realm,  was  truer  Service  to  his  Majefty 
than  any  they  could  do  him  at  Hampton-Court. 

Lord  Clarendon  tells  us,  'ThisRefufal  ib  incenfed 
the  King,  that  from  this  Time  he  was  determined 
to  remove  thole  two  Lords  from  their  refpeclive 
Offices  :'  —  But  he  did  not  put  his  Reiblution  into 
Execution  till  the  April  following,  as  will  appear 
in  thc  Sequel. 

Nothing  remarkable  happened  in  thc  Forenoon 
of  this  Day,  except  a  Mcjlage  from  the  Com- 
mons, 


Of    E  N  G  L  A  N  D.      211 

irions,  to  defire  the  Lords  to  join  in  a  Petition  to  theAn.  i-.  Car.  I, 
King,  to  appoint  a  Day  when  he  will  give  his  At- 
fent  to  the  Bill,  For  enabling  the  Parliament  to  ad- 
jonrn  tbemfelves  to  any  Place  :  And  alio  to  move 
his  Majefty  to  concur  with  both  Houfes,  in  the  Or- 
der made  concerning;  giving  Power  to  Sir  'John  Ho- 
tham  for  iecuring  the  Town  of  //#//,  and  the  Ma- 
gazine there,  for  his  Majefty's  Service.  They  like- 
wife  delired  their  Lordfhips  would  fit  that  After- 
noon, for  they  had  Bufmefs  of  Importance  to  com- 
municate to  them;  which  was  confented  to. 

Accordingly  a  Remonftrance  came  up  from 
Commons,  about  Horfes  and  arm'dMcn  raifed  neartrom  l^e  Com- 
Kingfton,  to  the  Number  of  1000,  to  their  Amaze-  J3*,  ^J 
ment  that  in  Time  of  Peace,  and  the  ParliamentLord  Digty. 
fitting,  fuch  Forces  mould  be  raifed.     They  defired 
alfo,  that  fuch  Perfons  as  raifed  them  might  be  de- 
clared Difturbers  of  the  Peace  of  the  Kingdom  ; 
and  that  the  Lord  Digby,  who  had  been  with  the 
Soldiers  at  Kingjlon,  and  had  given  them  Thanks  in 
the  King's  Name,  and  told  them,  c  That  his  Ma- 
'  jefty  had  brought  them  out  of  London  to  keep  them, 
'  from  being  trampled  in  the  Dirt/  might  be  fent  for 
forthwith  to  attend  the  Houfe.     Hereupon  it  was 
ordered,  that  the  Lord  Digty  be  fent  for  to  attend 
the  Houfe,  as  a  Peer  of  this  Realm,  without  Fail. 

The  fame  Day  Serjeant  Wylde  reported  the  Con- 
ference, had  onThurfday  Night  laft  with  the  Lords, 
concerning  Mr.  Attorney's  exhibiting  Articles  in 
the  Lords  Houfe  againft  Members  of  this  Houfe, 
as  follows  :  '  The  Conference  conlifted  of  two 
Parts  ;  firfi,  the  Narrative  Part,  That  thefe  Articles 
exhibited  by  Mr.  Attorney,  and  entered  in  the  Lords 
Houfe,  was  a  Breach  of  Privilege  of  Parliament ; 
and  that,  in  due  Time,  this  Houfe  would  defire 
that  Juftice  might  be  done  upon  Mr.  Attorney.'  The  Ixa:";na- 

~-i       J.  ,  n        °  rr*  -H/TA  tlon  ot  meAttOf" 

L  he  jecond  Part  was,  '  1  o  examine  Mr.  Attorney  ney  General con- 
upon  certain  Queftions,  and  to  receive  his  An-  ceming  the  Ar- 
fwer :  Fir/I,  He  being  afk'd,  Whether  he  contrhed^*  thfl 

r  i      '       j'/'ij^'i/t'i  f    i          accuied  mc 

jrmnea^  or  aavijed  the  jaid  Articles  ^  or  any  of  tnem\\ 

if  nst,  then  ivbfther  he  doth  know,  or.  hath  ever 

O  2  heard 


212     The  Parliamentary  HISTORY 

An.  17.  Car.  l-heard,    who    did  frame,    contrive,    or   achife   the 
16411        fame,   or   any    of  them?    To   this    he   anfwered, 
**~^^J    That  bt  -Mould  deal  dearly,  freely,  and  ingen:. 
January.       ^^  ^^  ^  fiwld  fay  the  Jame  which  he  had  before 
delivered  to  the  Lords,  and  Jbould  need  ns  long  Time 
to  anfwer  this;  for  that  he  had  done  none  of  tlrje 
three,  that  is,  neither  framed,  advifed,  or  contrived 
thefe  Articles,  or  any  of  them ;  and  would  be  con- 
tented to  die  if  he  had. 

Secondly,  Being  demanded,  Whether  he  knew  the 
*  Truth  of  thefe  Articles,  or  any  of  them,  of  his  own 
Knowledge,  or  had  it  by  Information  ?  To  this  he 
anfwered,  He  did  know  nothing,  of  his  own  Know- 
ledge, of  the  Truth  of  thefe  Articles,  or  any  Part 
of  them,  nor  hath  heard  it  by  Information.  Ail 
that  ever  he  lath  heard  concerning  this  was  from  his 
Mafter. 

Thirdly,  Being  afk'd,  Whether  he  will  make 
good  thefe  Articles,  when  he  Jhall  be  thereunto  called 
in  due  Courfe  of  Law  ?  To  this  he  anfwered, 
He  cannot  do  it,  nor  will  not  do  it,  otheriviff  than 
as  bis  Mojlcr  Jhall  command  him  and  Jhall  enable 
him,  no  more  than  he  that  never  heard  of  them  can 
do  it. 

Fourthly,  Being  afk'd,  From  whom  he  received 
thefe  Articles,  and  by  whofe  Direction  and  Advice 
he  did  exhibit  them  ?  He  anfwered,  He  did  exhibit 
them  by  his  Mafter's  Command,  and  from  his  Hands 
be  did  receive  them. 

Fifthly,  Being  aik'd,  Whether  he  had  any  Tejli- 
mony,  or  Proof,  of  the  Articles  before  the  exhibiting 
of  them  ?  He  gave  this  Anfwer,  That  he  received 
the  Command  of  his  Majejly ;  but  whether  he  had 
any  Proof  then  offered,  or  Intimation  of  Teflimony, 
to  make  good  thofe  Articles,  he  defired  Time  to  conji- 
der  of  it.  He  was  prefb'd  again  to  make  Anfwer 
to  this,  but  defired  Time  to  confider  of  it,  faying, 
There  was  a  fecret  Truft  between  a  Majler  and  a 
Servant,  much  more  in  this  Cafe. 

Hereupon  it  was  ordered,  That  fome  Way  be 
thought  of  for  chargingMr.  Attorney,  by  this  Houfc, 
as  <:rimincus,  for  exhibiting  thofe  Articles  in  the 

Lords 


Of    ENGLAND.      213 

Lords  Houfe  againft  Members  of  this  Houfe,  with-  An.  1 
out  any  Information  or  Proof  that  appears;  and 
that  this  Houfe,  and  the  Gentlemen  charged  by 
him,  may  have  Reparation  from  him  ;  aifd  that  he 
may  put  in  good  Security  to  ftand  to  the  Judgment 
of  Parliament.' 

It  was  allb  refolved,  '  That  a  Committee  be  ap- 
pointed to  prepare  a  Charge  againft  Mr.  Attorney, 
upon  thefe  Votes  of  the  Houfe.' 

jk* 

The  Lord-Keeper  reported  the  Effect  of  another 
Conference  held  this  Afternoon,  by  theDefire  of  the 
Cdmmons,  concerning  the  King's  laft  Meflages, 
about  the  Impeachment  of  their  five  Members, 

*  That  the  Commons  ha«J  taken  them  into  ferious 
Confideration,  and  had  refolved,  upon  the  Queftion, 
That  the  faid  Impeachment,  and  the  Proceedings 
thereupon ,  arc  a  high  Breach  of  Privilege  of  Parli- 
ament:  That,  in  order  to  vindicate  this  Breach, 

thcv  propofe  a  Committee  of  both  Houfes  may  meet  * f,olTrmil' 

/•f  ,  •      » *    *    A        DOtn  rioulcs  aj>« 

to  conhder  about  it;  and  to  petition  his  Majeity,  pointed  to  ccn;'u 
That  thofe  who  informed  him  againft  thefe  Mem- der  further  Of 
bers,  may  come  in  in  five  Days  Time  to  charge tbat  Matter' 
them  ;  or  elfe  that  they  may  be  cleared,  in  fuch  a 
Way  as  the  Parliament  (hall  think  fit.'  The  Lords, 
hereupon  patted  the  lame  Vote  as  the  Commons, 
and  appointed  a  Committee  of  twenty-one  of  their 
Houfe  to  meet  with  a  proportionable  Number  of 
the  Commons  to  conftder  of  this  Aftair. 

January  17.  The  King's  Anfwer  to  fome  Pro- 
pofitions  fent  him,  on  Saturday  laft,  by  the  Duke 
of  Richmond,  was,  '  That  as  to  the  Bill  for  ad- 

*  journing  the  Parliament  from  IJ^fftminfter  to  LOH- 

*  dori)  or  any  other  Place,  his  Majefty  will  take 

*  further  Time  to  conftder  of  it.     And  as  to  the 

*  fecuring  the  Town  and  Magazine,  at  //a//,  his 
4  Majefty  conceives  he  hath  formerly  given  a  fatis- 

*  factory  Anfwer.' 

A  Committee  of  the  Lords  and  Commons  were 

appointed,  jointly,  to  meet  at  Grocers-Hall,  in  Lon*- 

don ,  to  con  fid  er  of  the  Safety  of  the  Kingdom,  the 

O  3  Pri- 


214     ¥be  Parliamentary  HISTORY 

An.  17.  Car.  I.  Privileges  of  Parliament,  the  Affairs  of  Ireland^ 
t  _  *      '         and  concerning  fettling  the  prefent  Diftemper?. 
januarvT         Spme  Merchants  and  Goldfrniths  having  pre- 
fented  a  Petition  to  the  Lords  this  Day,  againfl  the 
Lieutenant  of  the  Tower  t  they  were  called  in  and 
afked  thefe  Queftions  : 

IVbat  Number  of  Merchants  and  Goldfrniths  le~ 
fides  tbemfeheSy  brought  in  Bullion  to  the  Mint? 

They  anfwered,  Sir  Peter  |lichaut,  and  ftm? 
few  mere,  but  not  many. 

fr-lwt  Reafon  they  bad  for  their  Fears  and  Jealou- 
Jtes  of  Sir  John  Byron,  and  why  they  forbore,  to 
bring  their  Bullion  to  the  Jl/Jinf  ? 

They  faid,  They  heard  he  had  dlfobeysd  the  Or- 
ders of  both  Houjes  of  Parliament  \  alfoy  that  he 
was  a  Gentleman  unknown  to  them  ;  and  they  dejlred 
to  have  f  tub  a  Lieutenant  put  in  as  the  Parliament 
approved  on, 

The  Merchants  being  withdrawn,  a  great  Debate 
arofe  amongft  the  Lords,  and  the  Queftion  being 
put,  That  this  Houfe  will  join  with  the  Houfe  of 
Commons  in  an  humble  Petition  to  his  Majefly 
to  remove  Sir  John  Byron,  Knt.  from  being  Licu- 
The  Lords  refufe  tenant  of  the  Tower  of  London,  and  to  place  Sir 
to  join  with  the  jQbn  Conyers  in  his  Room  ;  it  patted  in  the  Nega- 

' 


tive-     Before  the  Q«eftion  was  put,  the  followin 
Byron  from  be-  Lords  demanded  their  Right  of  Proteftation,  and 
ing  Lieutenant  tnat  tney  might  have  Liberty  to  enter  their  Diflents 
ver  '    to  this  Vote  j  which  the  Houfe  gave  Leave  to,  viz. 


Whereupon  fe-  •£*>"/  "/NoRTHUMBER-  Lord  PAGET. 

yeral  Peers  enter      LAND,  Lord-  Admiral.  Lord  NoRTH. 

their  Diffent^     £arl  Of  BEDFORD.  Lord  HuNSDON. 

Earl  of  PEMBROKE.  Lord  WILLOUGHBY  de 

Earl  of  LEICESTER.  Par  ham  . 

Earl  <?/  SALISBURY.  Lord  SPENCER. 

Earl  of  WARWICK.  Lord  ST.  JOHN. 

Earl  of  HOLLAND.  Lord  BROOKE. 

Earl  <7/"BoLiNGBROKE.  Lord  ROBERTS. 

Marl  of  STAMFORD.  Lord  GREY  de  IVerk. 

Jfifc.  SAY  &  SELE.  Lord  FIELDING. 

Lord  WH  ARTQN.  Ld.  HOWARD  deEfcrlcL 

This, 


Of    ENGLAND.     215 

This  Day  the  twelve  Bifhops  were  brought  fe-  An.  17.  Car  I. 
verally  to  the  Bar  of  the  Houie  of  Lords,  a  Com-        l64*- 
rnittee  of  the  Houfe  of  Commons  being;  prefent ;    *— J^v™<  «^ 
and  firft  the  Archbifhop  of  York,  who,  kneeling  as  a      •*am 
Delinquent,    was  bid  to   rife;    when   the  Lord-  The  twelve  im- 
Keeper,   by  Direction  of  the  Houfe,   told  him,Peached  Bifljops 
That  this  was  the  Day  appointed  for  him  to  give  z^l^^(e 
in  his  Anfwer  to  the  Impeachment  of  the  Com-0f  Lo»ds. 
mons  againft  him  for  High  Treafon. 

His  Grace  anfwered,  That  on  the  3Oth  of  De~ 
cejnber  laft  he  received  an  Order,  with  an  Impeach- 
ment of  High  Treafon,  by  the  Commons,  againft 
himfelf  and  eleven  other  Bifhops  ;  and  that  they 
had  fmce  received  fevcral  other  Orders,  on  feveral 
Days,  to  put  in  their  Anfwers,  and  the  lad  Order 
for  this  Day ;  that  he  was  come  according  to  their 
Lordfhips  Commands;  and  for  his  own  Anfwer  to 
the  Charge,  he  give's  it  in  this  Manner: 

*  I  John,  Archbifhop  of  York^  faving  to  myfelf 
all  Advantages  of  Exception  to  the  Infufficiences 
of  the  faid  Impeachment,  for  myfelf  fay,  That 
I  am  Not  Guilty  of  the  Treafon  charged  by  the  -Their  Anfwer 
faid  Impeachment,  in  Manner  and  Form  as  theJVjj^J6 
fame  is  therein  charged.' 

The  Archbifhop  deftred  a  prefent,  or  fpeedy 
Trial,  and  then  withdrew.  In  like  Manner  all  the 
reft  of  the  Bifhops  were  brought  to  the  Bar,  and 
gave  the  fame  Anfwer.  Afterwards  the  Bifhops 
delivered  in  the  following  Petition  : 

To  the  Right  Honourable  the  LORDS,  aflembled 
in  the  Houfe  of  Peers, 

The  HUMBLE  PETITION  of  JOHN  Archbifhop, 
of  York,  and  other  the  Bifhops  impeached  by  the 
Houfe  of  Commons,  the  3Oth  Q£  December  laft, 

Humbly  fheweth, 

'TTHAT  your   Petitioners.,    by  your   Honourable  Their  Petition  t« 
•*     Order  j  were  to  put  in  their  Anfwers  thereunto  be  bailed; 
the  jtb  In  ft  ant ;  and  have  had,  fince,  feveral  Days 
for  that  Purpoje,  affign'd  them;  and  are  now,  the 

\th 


2i6     7 'he  Parliamentary  HISTORY 

•  I  jib  Inftant,  brought  hither  by  your  Lordjhips  Order- 
They  having  always  been,  as  noiv^  ready  to  obey  your 
Lord/hips  Commands ;  find  many  of  them  being  alrea- 
dy much  impaired,  bsth  in  their  Healths  ana  P.jlates^ 
do  humbly  pray^  That  a  fpeedy  Proceeding  may  be 
had  therein^  and  that,  in  the  mean  Time3  they  may 
be  admitted  to  Bail. 

And  your  Petitioners  fliall  ever  pray  for  an  In- 
creafe  of  divine  Bleflings  on  your  Lordfhips. 

Jo.  EBORAC'  GUIL.BATH&WELLES 

THO.  DURESME'  GEO.  HEREFP' 

ROB.  Co.  LICHE'  MATTH.  P^LIEN' 

Jos.  NORWIC'  GODFREY  GLOUCEST" 

Fo.  ASAPHEN'  Jo.  PETRIBURG' 

Lo.  OXON'  MORG.  LLANDAFF' 


i 

fe 


Zut  they  arc  re-      The  Lords  ordered  the  Trial  of  the  twelve  Bi- 
jnajK'ed,  and  a   {hops  to  be  on  the  2<;th  of  this  Inftant  -January  : 

Dav  fixed  for  i      •        i  T"  i.      rv/u  c  T^       I 

^hs'ir  Tfial.  an"'  m  tne  mean  I  ime»  the  Bilhops  of  Durham, 
and  Coventry  and  Lichfield  were  reminded  to  the 
Cuftody  of  the  Black  Rod,  and  all  the  reft  to  the 


A  Letter  from  the  King  was  fent  to  the  Lords 
by  the  Lord-Keeper,  and  fome  Papers  inclofed,  to 
be  communicated  to  thatHoufe;  which  were  read 
in  thefe  Words  : 

The  King's  Let-  '  His  Majefty  hath  feen  the  Lords  Order,  upon 
ter,occafion'dby  '  the  Motion  of  the  Houfe  of  Commons,  given  to 
an  Order  of  the*  the  Marquis  of  Hertford,  concerning  his  Care  and 

J/ords  concerning       .  .     *  °.  .  T17- 

the  Safety  of  the  Attendance  upon  the  rnnce,  not  vvitnaut  Won- 
frince.  '  der  that  this  Parliament  (hould  make  fuch  an 

'  Order;  which  can  hardly  be  otherwife  underftood, 
'  than  as  if  there  had  been  a  Defign  of  fending  the 
'  Prince  out  of  the  Kingdom  ;  which  muft  necef- 
'  farily  throw  Reflections  upon  his  Majefty,  the 
'  Prince  being  now  in  the  fame  Place  with  him  ; 
'  and  his  Majefty  hath  (hewed  himfelf  both  fo  good 
4  a  Father  and  a  Kins;,  that  he  thinks  it  ftrange  that 
'  any  (hould  have  fuch  a  Thought,  as  that  he  would 
*  permit  the  Prince  to  be  carried  out  of  the  King- 
f  Jlom,  or  that  any  durft  give  him  fuch  Counfel.' 

The 


Of    E  N  G  L  A  N  D.      217 

The  Lords  ordered  this  Meffage  to  be  fent  to  An.  17.  Car,  I, 
the  Commons  ^Grocers-Hall >  and  then  adjourned        i64»- 

to  the  20th  Inftant.  <-~-v^-«' 

January. 

Jan.  19.  This  Day  the  following  Declaration, 
in  Purfuance  of  three  Reports  from  the  late  Com- 
mittee at  the  Guildhall  and  Grocers-Hall,  appeared 
in  Print,  according  to  an  Order  of  the  I2th  of  this 
Month.  P 

A  DECLARATION  of  the  Houfe  of  COMMONS, 
touching  a  late  Breach  of  their  Privileges,  for  the 
Vindication  thereof,  and  of  divers  Members  of  the 
faid  Houfe. 

*  1 T  7Hereas  the  Chambers,  Studies,  and  Trunks  The  Commons 
«    VV     of  Mr.  Holies,    Sir  Arthur   Hafelrigge,  publift  *  Decla- 
<•  Mr.  Pymrne,  Mr.  Hampden,  Mr.  Strode,  Members  SSTnSrtf8 
'  of  the  Houfe  of  Commons,  upon  Monday  the  3d  their  Privileges 
<  of  this  Inftant  January,  by  Colour  of  his  Maje-in  the  Proceed- 
«  fty's  Warrant,  have  been  feal'd  up  by  Sir  William  j?J  Jjjjj ^ 
'  Killegrew  and  Sir  J^illiam  Fleming,  and  others  j  Members  of 

«  which  is  not  only  agatnft  the  Privileges  of  Par- their  Houfe. 
'  liament,  but  the  common  Liberty  of  every  Sub- 

*  jedl  j  which  faid  Members,  afterward  the  fame 
'  Day,  were,  under  the  like  Colour,  by  Serjeant 
'  Francis,  one  of  his  Majefty's  Serjeants  at  Arms, 
'  contrary  to  all  former  Precedents,  demanded  of 
«  the  Speaker,  fitting  in  the  Houfe  of  Commons,  to 
'  be  delivered  unto  him,  that  he  might  arreft  them 
4  of  High  Treafon  :  And  whereas  afterwards,  the 
'  next  Day,  his  Majefty,  in  his  Royal  Perfon, 
'  came  to  the  faid  Houfe,  attended  with  a  great 

*  Multitude  of  Men,  armed  in  warlike  Manner 
'  with  Halberts,  Swords,  and  Piftols;  who  came 
'  up  to  the  very  Door  of  the  Houfe,  and  placed 

*  themfelves  there,  and  in  other  Places  and  PafTages 
6  near  to  the  faid  Houfe.  to  the  great  Terror  and 

*Dif- 

P  There  being  fome  Variations  between  the  Copy  of  this  Decla- 
ration, as  given  in  Rufiwortb's  and  Hujbandt  's  ColU&ions,  and  that 
in  the  printed  Journals  of  the  Gammons,  we  have  followed  the  latter 
as  the  beft  Authority, 


a  i  &     The  Parliamentary  HISTOR v 

ftn.  17.  Car.  i.c  Difturbance  of  the  Members,  then  fitting,  and, 
*f41-         '  according  to  their  Duty,  in  a  peaceable  and  order- 

*  ly  Manner,  treating  of  the  great  Affairs  of  Eng- 
*                *  land  and  Ireland:  And  his  Majefty,  having  placed 

*  himfelf  in  the  Speaker's  Chair,  demanded  of  them 
'  the  Perfons  of  the  faid  Members  to  be  delivered 

*  unto  him ;  which  is  a  high  Breach  of  the  Rights 
6  and  Privileges  of  Parliament,    and  incontinent 

*  with  the  Liberties  and  Freedom  thereof:  And 
'  whereas  afterwards  his  Majefty  did  iflue  forth  fe- 
'  veral  Warrants  to  divers  Officers,  under  his  own 

*  Hand,  for  the  Apprehenfion  of  the  Perfons  of  the 
'  faid  Members ;  which,  by  Law,  he  cannot  do, 

*  there  not  being,  all  this  Time,  any  legal  Charge 
'  or  Accufation,  or  due  Procefs  of  Law,    ifliied 
6  againft  them,  nor  any  Pretence  of  Charge  made 

*  known  to  that  Houfe  :  All  which  are  againft  the 
c  Fundamental  Liberties  of  the  Subject  and  the 
'  Rights  of  Parliament.     Whereupon  we  are  ne- 

*  ceflitated,  according  to  our  Duty,  to  declare,  and 
'  we  do  hereby  declare,  That  if  any  Perfon  mall  ar- 
'  reftMr.//<j//^,  Si*  Arthur  Hafelrigge,  $Ar.Pymmty 
1  Mr.  Hampden,  and  Mr.  Strode^  or  any  of  them, 

*  or  any  other  Member  of  Parliament,  by  Pretence 
'  or  Colour  of  any  Warrant  (filling  out  from  th.e 
'  King  only,  he  is  guilty  of  the  Breach  of  the  Li- 
'  berties  of  the  Subject,  and  of  the  Privilege  of  Par- 
1  liament,  and  a  public  Enemy  to  the  Common- 

*  wealth;  and  that  the  Arrefting  of  the  faid  Mem- 
'  bers,  or  any  of  them,  or  of  any  other  Member 
'  of  Parliament,  by  any  Warrant  whatfoever,  with- 

*  out  a  legal  Proceeding  againft  them,  and  without 

*  Confent  of  that  Houfe  whereof  fuch  Perfon  is 

*  a  Member,  is  againft  the  Liberty  of  the  Subject, 
'  and  a  Breach  of  Privilege  of  Parliament;  and  the 

*  Perfon,  which  mail  arreft  any  of  thefe  Perfons, 

*  or  any  other  Member  of  the  Parliament,  is  de- 
«  dared  a  public  Enemy  of  the  Commonwealth  : 
'  Notwithftanding  all  which,  we  think  fit  further 
c  to  declare,  That  we  are  id  far  from  any  Endea- 
<  vour  to  protect  any  of  our  Members,  that  fhalf 

'be, 


Of    E  N  G  L  A  N  D.       219 

c  be,  in  due  Manner,  profecuted,  according  to  the  An.  17.  Car.  I. 

*  Laws  of  the  Kingdom,  and  the  Rights  and  Privi- 
'  leges  of  Parliament,  for  Treafon,  or  any  other 
'  Mifdemeanor,  that  none  fhall  be  more  ready  and 
5  willing  than  we  ourfelves,   to   bring  them  to  a 

*  fpeedy   and   due  Trial;    being   fenfible    that   it 

*  equally  imports  us,  as  well  to  fee  Juftice  done 
'  againft  them  that  are  criminous,  as  to  defend  the 

*  juft  Rights  and  Liberties  of  the  Subjects  and  Par» 

*  Jiament  of  England. 

<•  And  whereas,  upon  feveral  Examinations,  ta^ 
?  ken  the  feventh  Day  of  this  inftant  January^  be- 

*  fore  the  Committee  appointed  by  the  Houfe  of 
'  Commons  to  fit  in  London^  it  did  fully  appear, 
'  that  many  Soldiers,  Papifts,  and  others,  to  the 
'  Number  of  about  Five  Hundred,  came  with  his 
f  Majefty,  on  Tuefday  the  fourth  Inftant,  to  the  faid 

*  Houfe  of  Commons,  armed  with  Swords,  Piftols, 
'  and  other  Weapons ;  and  divers  of  them  prefled  to 
'  the  Door  of  the  faid  Houfe,  thruft  away  the  Door- 
c  keepers,  and  placed  themfelves  between  the  faid 
c  Door  and  the  ordinary  Attendants  of  his  Majefty, 
i  holding  up  their  Swords  ;  and  fome  holding  up 
'  their  Piftols  ready  cock'd  near  the  faid  Door ;  and 
f  faying,  /  am  a  good  Markfman;  I  can  hit  right , 
'  /  warrant  .you  ;  and  they  not  fuffering  the  faid 
4  Door,  according  to  the  Cuftom  of  Parliament,  to 
'  be  fhut ;  but  faid,  They  would  have  the  Door  open  j 

*  and)   if  any  Qppojition  were  again/I  them,   they 
'  made  no  Queftion,  but  they  Jhould  make  their  Party 

*  good ;   and  that  they  would  maintain  their  Party  : 
'  And   when  feveral  Members  of  the  Houfe  of 

*  Commons  were  coming  into  the  Houfe,   their 

*  Attendants  defiring  ihat  Room  might  be  made 
'  for   them,    fome  of  the  Soldiers  anfwered,  A 

*  Pox  of  God  confound  thetn  ;  and  others  faid,  A 

*  Pox  take   the  Houfe  of  Common* ;  let  them  c</mey 

*  and  be  hangd  ;  what  a  do  is  here  with  the  Houfe 

*  of  Commons  :  And  fome  of  the  faid  Soldiers  did 

*  likewife  violently  aflault,   and  by  Force  difarm, 
?  fome  of  the  Attendants  and  Servants  of  the  Mem- 
f  bers  of  the  Houfe  of  Commons,  waiting  in  the 

*  Rooms 


220     The  Parliamentary  HISTORY 

Rooms  next  the  faid  Houfe ;  and,  upon  the  King's 
Return  out  of  the  faid  Houfe,  many  of  them,  by 
wicked  Oaths,  and  otherwife,  exprefled  much 
Difcontent,  that  fome  Members  of  the  faid  Houfe, 
for  whom  they  came,  were  not  there  •.  And  others 
of  them  faid,  IFhen  comes  the  Word?  And  no 
Word  being  given,  at  his  Majefty's  coming  out, 
they  cried,  A  Lane,  A  Lane:  Afterwards,  fome  of 
them,  being  demanded,  What  they  thought  the  faid 
Company  intended  to  have  done,  anfwered,  That, 
qttejfionlefs,  in  the  Pofture  they  ivere  Jet,  if  the 
Word  had  been  given,  they  Jhould  have  fallen  upon 
the  Houfe  of  Commons, and  have  cut  all  the irThr oats : 
Upon  all  which,  we  are  of  Opinion,  that  it  is 
fufficiently  proved,  that  the  Coming  of  the  faid 
Soldiers,  Papifts,  and  others,  with  his  Majefty, 
to  the  Houfe  of  Commons  on  Tuefday,  being 
the  fouith  Day  of  this  inftant  "January,  in  the 
Manner  aforcfaid,  was  to  take  away  fome  of  the 
Members  of  the  faid  Houfe ;  and,  if  they  fhould 
have  found  Oppofition,  or  Denial,  then  to  have 
fallen  upon  the  faid  Houfe  in  a  hoftile  Manner  : 
And  we  do  hereby  declare,  That  the  fame  was  a 
traiterotis  Defign  acainft  the  King  and  Parliament. 
And  whereas  Mr.  Denzil  Holies,  Sir  Arthur 
PIfifelrigge,  Mr.  "JohnPymme,  Mr.  John  Hampden, 
and  Mr.  William  Strode,  Members  of  the  faid 
Houfe  of  Commons,  upon  Report  of  the  Co- 
ming; of  the  faid  Soldiers,  Papifts,  and  others,  in 
the  warlike  and  hoftile  Manner  aforefaid,  did, 
with  the  Approbation  of  the  Houfe,  abfcnt  them- 
felves  from  the  Service  of  the  Houfe,  for  avoid- 
ing the  great  and  many  Inconveniences  which 
otherwife  apparently  might  have  happened  :  Since 
which  Time  a  printed  Paper,  in  the  Form  of  a 
Proclamation,  bearing  Date  the  fixth  Day  of  thii 
Inftant  January,  hath  ilTued  out,  for  the  appre- 
hending and  imprifoning  of  them  ;  therein  fug- 
gefting  that,  through  the  Confcience  of  their  own 
Guilt,  they  were  abfent,  and  fled  ;  not  willing 
to  fubmit  themfelves  to  Juftice  :  We  do  further 
*  declare.  That  the  faid  printed  Paper  is  falfe,  fcan- 

*  dalouSj 


Of    E  N  G  LAN  D.        221 

*  dalous, and  illegal;  and  that,  notwithftand  ing  the  An.  IT.  Car.  i, 
'  faid  printed  Paper,  or  any  Warrant  iflued  out,        ] 

*  or  any  other  Matter  yet  appearing  againft  them,    *~T~^^ 

*  or  any  of  them,  they  may  and  ought  to  attend  the 
'  Service  of  the  faid  Houie  of  Commons,  and  the 

*  feveral  Committees  now  on  Foot. 

'  And  we  do  further  declare,  That  the  publifti- 
'  ing  of  feveral  Articles,  purporting  a  Form  of  a 

*  Charge  of  High  Treafon  againft  the  Lord  Kimbol- 

*  ton,  one  of  the  Members  of  the  Lords  Houfe,  Mr. 
e  Holies,  Sir  Arthur  Hafelrigge,  Mr.  Pymme,  Mr. 
'  Hampden^  and  Mr.  Strode ,  Members  of  the  Houfe 

*  of  Commons,  by  Sir  J^illiam  Kiilegrew^\iff^illiam 
'  Fleming,  and  others,  in  the  Inns  of  Court,  ami 

*  elfewhere,in  the  King's  Name,  was  a  high  Breach 
'  of  the  Privileges  of  Parliament;  a  great  Scandal 

*  to  his  Majefty,  and  his  Government ;  a  feditious 
'  Adr.,  manifeftly  tending  to  the  Subverfion  of  the 

*  Peace  of  the  Kingdom  ;  and  an  Injury  and  Dif- 
'  honour  to  the  faid  Members,  there  being  no  legal 
'  Charge  or  Accufation  againft  them  :  And 

'  That  the  Privileges  of  Parliament,  and  theLi- 
'  berties  of  the  Subject,  fo  violated  and  broken,  can- 
6  not  be  fully  and  fufficiently  vindicated,  unlefs  his 

*  Majeily  will  be  graciouily  pleafed  to  difcover  the 
'  Names  of  thofe  Perfons,  who  advifed  his  Majefty 
'  to  ilTue  out  Warrants  for  the  Sealing  of  the  Cham- 

*  bers  and  Studies  of  the  faid  Members ;  to  fend  a 

*  Serjeant  at  Arms  to  the  Houfe  of  Commons  to 

*  demand  the  faid  Members ;  to  iflue  out  feveral 
'  Warrants,   under  his  Majefty's  own  Hand,  to 

*  apprehend  the  faid  Members  ;  his  Majefty's  Co- 

*  ming  thither  in  his  own  Royal  Perfon  ;  the  Pub- 

*  liihing  of  the  faid  Articles,  and  printed  Paper,  in 

*  the  Form  of  a  Proclamation,  againft   the  faid 

*  Members,  in  fuch  Manner  as  is  before  declared  : 
'  To  the  end  that  fuch  Perfons  may  receive  condign 
(  Punimment. 

'  And  this  Houfe  doth  further  declare,  That  all 

*  fuch  Perfons  as  have  given  any  Counfel,  or  en- 
'  deavoured  to  fet  or  maintain  Divifion  orDiflike, 

*  between  the  King  and  Parliament ;  or  have  lifted 

«  their 


222     The  Parliamentary  HISTORY 

An.  17.  Car,  I.    their  Names,  or  otherwife  entered  into  any  Com-4 
1641.  bination  or  Agreement,  to  be  aiding  or  afiifting 

to  any  fuch  Counfel  or  Endeavour,  or  have  per- 
fuaded  any  other  ib  to  do  ;  or  that  fhall  do  any 
the  Things  above-mentioned ;  and  fhall  not 
forthwith  difcover  the  fame  to  either  Houfe  of 
Parliament ;  or  to  the  Speaker  of  either  of  the 
faid  Houfes  refpectively,  and  difclaim  it ;  are  de- 
clared public  Enemies  of  the  State  and  Peace  of 
this  Kingdom,  and  mall  be  enquired  of,  and  pro- 
ceeded againft  accordingly  '. 

January  20.  A  Petition  from  the  Gentlemen 
and  others  of  the  County  of  Ejjex,  was  this  Day 
prefented  to  the  Lords ;  but  as  it  is  of  the  famfe 
Nature  with  the  preceding  one  from  Buckingham- 
•/hire,  we  {hall  omit  it,  in  order  to  come  to  Matters 
of  more  Moment;  efpecially  fmce  thefe,  and  others 
from  different  Counties,  are  preferved  in  Ruftj- 
wortb's  Collections* 

The  Lord-Keeper  figmfted  to  the  Lords,  that  he 
had  juft  then  received  a  Paper  from  the  King,  di- 
rected to  both  Houfes  of  Parliament ;  which  wzs 
ordered  to  be  read,  and  was  in  bate  Ferba : 

TheKing'sMef-  T  ]IS  Majefty  perceiving  the  manifold Diftraftioiis 
fage,  defiringthe  J-  J  which  are  now  in  this  Kingdom,  which  canndt 
Parliament  to  'hut  fo-  Qt  lncom}enience  and  Mi  [chief  to  tbe 

proceed  to  fettle       .    .    ^°    4  .          ,  .   ,  I  •     7i/r    •   /j     •          a 

aJl  Grievances  iaw"ff'f  Government ;  tn  which,  as  his  Majejfy  is  mojt 
afummary  Way^  chiefly  intsrejled,  fo  he  holds  himfelf,  by  many  Reafons, 
mojt  obliged  to  do  what  in  him  lies  for  the  preventing 
thereof:  And  tko'  be  might  jujlly  expefl,  as  mo  ft  pro- 
per for  the  Duty  of  Sub/efts,  that  Proportions,  for 
the  Remedies  of  theje  Evils,  ought  rather  to  come  to 
him  than  from  him  ;  yet  his  fatherly  Care  of  all  his 
People  being  fuch,  that  he  will  rather  lay  ly  any  par- 
ticular Refpeft  of  his  own  Dignity,  than  that  ar.y 
Time  Jhsuld  be  loft  for  preventing  of  thefe  threatning 
Evils,  which  cannot  admit  of  the  Delay  of  the  or  di- 
nar" 

t  This  Lift  Parajraph  was  added  by  Vote  of  the  Houfe,  on  thv 
J7lh  of  this  Month. 


January. 


Of    E  N  G  L  A  N  D.      223 

nary  Proceedings  in  Parliament,  he  doth  think  Jit  to  Am  17.  Car.  & 
make  this  enjuing  Propo/ition  to  both  Houjes  of  ± 
liament,  That  they  will,  with  all  Speed,  fall  i 
ferious  Consideration  of  all  thofe  Particulars  which 
they  /hall  hold  necejjary,  as  well  for  the  upholding  and 
maintaining  of  his  Majejiy's  jitjl  and  Regal  Autho- 
rity, and  for  the  fettling  of  his  Revenue,  as  for  the 
prefent  and  future  EJlabli/hment  of  their  Privileges; 
the  free  and  quiet  enjoying  of  their  Eftates  and  For- 
tunes ;  the  Liberties  of  their  Perfons  ;  the  Security 
of  the  true  Religion  now  profeffed  in  the  Church  of 
England,  and  the  fettling  of  Ceremonies  in  fuch  a 
Manner  as  may  take  away  all  ju/i  Offence  ;  which, 
when  they  foall  have  digeJJed  and  composed  into  one 
intire  Body,  that  fo  his  Majejly  and  themfelves  may 
be  able  to  make  the  more  clear  Judgment  of  them,  it 
/hall  then  appear  by  what  his  Majefty  /hall  do,  how 
far  he  hath  been  from  intending  or  designing  any  of 
thofe  Things  which  the  too  great  Fears  and  Jealou- 
fies  of  fome  Perfons  feem  to  apprehend ;  and  how 
ready  he  will  be  to  e::ceed  the  greatefl  Example  of  the 
moji  indulgent  Princes  in  their  Atfs  of  Grace  and  Fa-  « 

*uour  to  thtir  People  :  So  that  if  all  the  prefent  Di- 
firaclions,  which  fo  apparently  threaten  the  Ruin  of 
this  Kingdom,  do  not,  by  the  Blejfmg  oj f  Almighty  God , 
tnd  in  an  happy  and  blejjed  Accommodation,  his  Ma- 
jfjiy  will  be  ready  to  call  Heaven  and  Earth,  God 
and  Man,  to  witnefs  that  it  hath  not  failed  on  his 
Part. 

After  reading  of  this  Paper  a  Meflage  was  im- For  w5llch  thc 
mediately  lent  by  the  Lords  to  the  Commons,  to  T°hra^kje.tul 
acquaint  them  that  their  Lordfhips  had  received  a 
gracious  Meflage  from  his  Majefty,  which   fills 
their  Hearts  full  of  Joy  and  Comfort ;  which  be- 
ine;  directed  to  both  Houfes,  they  defire  it  may  be 
delivered  to  them,  at  a  prefent  Conference,  in  the 
Painted-  Chamber. 

The  Conference  being  ended,  the  Lords  thought 
proper  to  draw  up  an  Anfwer  of  Thanks  to  the 
King's  gracious  Meflage;  which  was  read  and 
agreed  to  in  theie  Words  : 

<  Wherea? 


224      *The  Parliamentary  His  TOR  v 

An.  17.  Car.  I.      c  Whereas  the  Houfes  of  Parliament  have  recei- 

1641.         c  vecj  from  y0ur  Majefty  a  Meflage,  expreffing 

^TTV1^    '  much  Grace  and  Favour  to  all  your  Maiefty's 

January.        *  p    i_-    r>         L        L  u         i_r  J       / 

'  Subjects,  they  have  thought  fit  to  return  your 
'  Majefty  moft  humble  Thanks  for  the  fame  ;  and 
'  to  let  your  Majefty  know,  that  they  will  take  it 
'  into  fuch  fpeedy  and  ferious  Confederation,  as  a 
'  Propofition  of  that  great  Importance  doth  require/ 

And  defire  the      The  Lords  ordered  this  to  be  fent  down  to  the 
Commons  Con-  Houfe  of  Commons  todefire  them  to  join  in  it ;  but 
tfunence.          RQ  prefent  Anfwer  was  return'd  :  Inftcad  thereof 
A  Conference  was  defired  by  the  Commons,  con- 
cerning the  Town  of  Hull ;  which  being  agreed  to 
by  the  Lords,  it  was  reported  back  to  the  Houfe, 
by  the  Lord-Keeper,  to  this  Effect : 

Report  of  a  Con-      '  That  the  Houfe  of  Commons  did  put  their 
ference  about  the  Lordmips  in  mind  of  their  late  Order,  concerning 
Magazine,^,  at  the  placing  of  Sir  John  Hotbam  Governor  of  Hull; 
" '''  who  had  Power  given  him  to  draw  into  that  Town 

fome  of  the  Train'd  Bands  of  that  County,  for  fe- 
curingthe  Town  and  the  King's  Magazine  there, 
the  faid  Sir  yobn  Hotbam  being  Governor,  by  the 
King's  Grant  under  the  Great  Seal ;  yet  the  faid 
Order  was  difobeyed,and  theCompaniesnotfuffer'd 
to  come  into  the  Town  ;  which  appear 'd  by  a  Let- 
ter from  Mr.  Hotbam ,  Deputy  to  Sir  Jobn^  import- 
ing, That  the  Earl  ofNewcaflfe'was  there,  with  a 
Letter  under  the  King's  Hand  and  Seal  Manual,  to 
have  the  Town  and  Magazine  delivered  into  his 
Hands,  as  Governor  ;  and  to  draw  in  fuch  of  the 
Train'd  Bands  as  he  fhould  think  fit ;  particularly 
the  Regiment  of  Sir  John  Metham.  That  the  Order 
of  Parliament  had  been  prefled  to  the  Mayor  and 
Aldermen  of  the  Town,  who  anfwer'd,  They  were 
willing  to  obey  the  King  and  Parliament;  but,  for 
the  prefent,  they  had  wrote  to  both,  and  until!  they 
had  an  Anfwer,  they  were  not  willing  the  Men ,  who 
were  prefented  at  the  Gate,  mould  be  admitted. 
That  the  Men  who  were  moft  averfe,  were  Mr. 
Alderman  Atklnfon  the  prefent  Mayor,  Mr.  Henry 
.Barnard,  and  one  M.r.CartwrJgbt;  who,  if  fcnt 

for 


Of    E  N  G  L  A  N  D,      225 

for  p.nd  punifhed,   and  a  peremptory  Order  made  An.  17.  Car  h 
for  Obedience  to  the  Commands  of  the  Parliament,        1641. 
the  Blifmefs  would  be  effe&ed.  <— -y^ 

'  The  Houfe  of  Commons  further  faid,  That  j3nUiryi 
they  held  this  to  be  an  Injury  to  both  Houfes,  and 
to  the  Earl  of  Ej/exy  who  is  Lord -Lieutenant  of 
Yorkfalre^  under  the  Great  Seal  of  England,  and 
recommended  to  the  King,  by  both  Houfes,  for 
his  Noblenefs  and  approved  Confidence,  to  that 
Place  :  They  therefore  defired,  That  the  Earl  of 
Newcaftle,  as  a  Peer  of  this  Houfe,  might  be  fent 
for,  to  {hew  by  what  Warrant  he  came  to  be  Go- 
vernor of  Hull,  and  to  raife  the  Power  of  the 
County.' 

The  Lords,  after  fome  Confideration  of  this 
Matter,  directed  the  Lord-Keeper  to  write  to  the 
Earl  of  Newcaftle  to  come  and  attend  the  Houfe 
immediately.  They  ordered,  alfo,  That  the  Mayor^ 
and  the  other  aforenamed  Perfons,  (hould  be  fent 
for,  and  bring  up  their  Charter  along  with  them. 

A  Meflage  came  Up  by  Sir  Philip  Stapylton,  im-A  Meffage  from 
porting,  «  That  the  Houfe  of  Commons  had  heard  ^  c°">™™> 

r,  n  .     .  .,.    ,       concerning  a  Re- 

tnere  was  a  Report  carried  to  the  Queen,  as  it  thatport  ot-  their  in- 
Houfe  had  an  Intention  to  accufe  her  Majefty  of  tending  to  accufe 
High  Treafon,  and  that  fome  Articles  were  brought^ hSj£]Jfo°f 
to  the  Queen  for  that  Purpofe ;  and,  as  they  under-    Ji 
flood,  the  Earl  of  Newport  was  told  as  much  by  the 
Queen  herfelf :  That  the  Houfe  of  Commons  con- 
ceived this  to  be  a  great  Abufe  upon  them,  never 
having  any  fuch  Thing  in  their  Thoughts ;  they 
defired  their  Lordfhips  to  join  with  them  in  fending 
fome  from  both  Houfes  to  the  Queen,  humbly  to 
defire  her  Majefty,  that  (he  would  be  pleafed  to  dif- 
cover  the  Party  that  gave  her  this  Information,  and 
ddiver'd  thofe  Articles  to  her.'  The  Lords  agreed  to 
this,  and  order 'd  the  Earl  of  Newport  and  the  Lord  * 

Seymour  to  wait  upon  her  Majefty  accordingly. 

The  Conini'or.? 

The  Commons  refufed  to  join  with  the  Lords  propofe 
in  their  Anfwer  to  the  King's  laft  MefTage  with- 
out  an  Addition,  the  Subftance  of  which  was, 

VOL.  X  P  <  That 


226     Tfje  Parliamentary  HISTORY 

An.  17.  Car.  I.*  That  he  would  be  pleafed  to  put  the  Tower  or 
1641.         London,  with  all  the  other  Forts,  and  Militia  of 
**"7^7~'    the  whole  Kingdom,  into  fuch  Hands  as  the  Par- 
January.      ]jament  could  confide  in.'     The  Commons,  alfo, 
drew  up  a  Petition,  and  fent  it  to  the  Lords ;  which 
was  in  thefe  Words : 

To  the  KING'S  Moft  Excellent  Majefty, 

The  HUMBLE  PETITION  of  the  LORDS  and 
COMMONS,  now  aflembled  in  Parliament, 

Sheweth, 

They  petition  ^THA  T  whereas,  of  late,  there  have  been  fundry 
£C  fhe"  Triak  of  *  and  Sr£at  Breaches  of  the  Privileges  of  Parlia- 
Lord  Kin-Mton,  ment ;  and  your  Majefty,  in  a  MeJJage  tobothHoufes, 
&"<•"•  was  pleafed  gracioufiy  to  exprefs,  that  you  would  be 

willing  to  clear  and  ajfert  them,  by  any  reafonable 
Way  your  Parliament  foould  advife  you  to ;  we  Jhall, 
in  convenient  Time,  present  the  Particulars  to  you, 
together  with  our  Ad-vice  and  Defires,  for  the  afjert- 
ing  our  Privileges ;  and  whereas  your  Majejly,  by 
another  Mejfage  to  both  Houfes,  hath  exprejjed  an 
Apprehenfion  of  fame  treafonable  Matter  to  have 
been  committed  by  the  Lord  Kimbolton,  Mr.  Holies, 
find  the  reft  j  and  declared,  That  you  will,  here- 
after, proceed  againft  them  in  an  unqueftionable 
Way :  We  your  Lords  and  Commons  do  humbly  be- 
feech  your  Majejly,  that  you  would  be  pleafed  to  give 
Directions,  that  your  Parliament  may  be  informed, 
in  a  feu>  Days,  what  Proof  there  is  againjl  them  ; 
that,  accordingly,  there  may  be  a  Parliamentary  and 
a  legal  Proceeding  againft  them ;  and  they  receive,  in 
"Jujlice,  what  jball  be  their  Due,  either  for  their 
Acquittance  or  Condemnation. 

This  we  humbly  conceive  we  are  bound  to  crave, 
both  in  regard  of  ourfelves,  and  of  them  ;  being  un- 
fit that  vve  fvould  have  any  of  our  Members  liable  to 
fo  great  a  Charge ;  and  thereby  hindered  from  do- 
ing the  Service  they  refpettively  owe  to  their  feveral 
Houfes;  and  that  they,  if  innocent,  Jhould  longer  lie 
under  fo  great  a  Weight ;  or,  if  guilty,  avoid  their 
deferved  PuniJJmunt,  ^ 

Ihe 


Of     ENGLAND.       227 

The  Lords  agreed  to  this  Petition,  and  ordered  An.  17   Car.*.; 
fome  of  their  Body  to  join  a   Committee  of  the        1641. 
Commons  to  prefent  it  to  the  King  the  next  Day ;       jIJ^T" 
but  demurr'd  to  the  additional  Article  in  the  Ad- 
drefs  of  Thanks. 

Then  the  Lords  adjourn'd  to  the  24th,  and  ap- 
pointed a  Committee  of  their  Houfe  to  fit,  in  the 
mean  Time,  at  Grocers-  //«//,  with  the  Committee 
of  the  Commons,  on  Irijh  Affairs :  Serjeant-Major 
Skippon  and  the  Train'd  Bands  to  guard  them! 
The  Commons  alfo  adjourned  to  the  lame  Day. 

"Jan.  24.  This  Day  the  Commons  fent  up  to  the  And  dcfire  the 
Lords,  to  defire  that  they  would  defer  the  Trial  of  ,L,ords  ftot,defer . 

.         n-fi  r  •  T->-  t"at:   Of  the    im- 

the  twelve  Bifhops  to  fome  more  convenient  Time ; 
and  that,  in  the  mean  while,  they  would  appoint  a 
Committee  to  take  Examinations  from  Witnefles 
towards  that  Affair,  fuch  as  the  Commons  fhould 
produce.  The  Lords  agreed  to  this ;  but  ordered 
that  the  faid  Trial  fhould  be  brought  on  peremp- 
torily, on  the  firft  Day  of  February  next. 

The  King's  Anfwer  to  the  laft  Petition  of  the 
Parliament,  was  reported  to  the  Lords  by  the  Earl 
of  Newport,  to  this  Purport : 

4  That  he  doth  well  approve  of  the  Defire  o 
'  both  Houfes,  for  the  fpeedy  Proceeding  againft  the  ^Mofton ° &c[ 

*  Perfons  mentioned  in  the  Petition  ;  wherein  his 

*  Majefty   finding  great   Inconveniences,  by  the 

*  firft  Miftake,  hath  caufcd  fome  Delay,  that  he 
'  might  be  informed  in  what  Order  to  put  the  fame. 

*  But,  before  that  be  agreed  upon,  his  Majefty  thinks 

*  it  unufual  to  difcover  what  Proof  there  is  againft 
'  them;  and  therefore  thinks  it  neceffary,  left  a 
'  new  Miftake  fhould  breed  more  Delay,  which  his 
'  Majefty,  to  his  Power,  will  avoid,  that  it  be  refol- 
'  ved,  Whether  he  be  bound,  in  refpedr.  of  Privilege, 
'  to  proceed  againft  them  by  Impeachment  in  Par- 
«  liament,  or  whether  he  be  at  Liberty  to  prefer  an 
'  Indictment  at  the  Common  Law,  in  the  ufual 
'  Way,  or  have  his  Choice  of  either;  Whereupon 

P  2  «M9 


228     The  Parliamentary  HISTORY 

An'.  17.  Car. I.*  his  Majefty  will  give  fuch  fpeedy  Directions  for 

1647.        «  tne  Proiecution,  as  will  {hew  his  Defire  to  fatisfy 

^" -"v^1— '    *  both  Houfes,  and  put  a  Determination  to  this 

January.  •»-,    ^       r    . 

4  Buiinefs/ 

The  Lords  reje£t      After  much  Confultation  this  Day  in  the  Houfe 
the  Commons    of  Lords,  concerning  the  Affairs  of  Ireland  and 
Addition  to  their  the   Scots  Brotherly  Affiftance,  both  which  were 
rel=ftill  carried  on  very  flowly,  the  Lords  took  into 
Confederation  the  Addition  the  Commons  had  pro- 
pofed  to  their  Addrefs  of  Thanks  to  the  King  for 
his  lad  gracious  Meffage  to  both  Houfes.     And  af- 
ter a  long  Debate,  it  was,  on  the  Queftion,  reject- 
ed j  upon  which  the  following  Proteft  was  entered. 

Whereupon  a         *  Whereas  the  Defire  brought  from  the  Houfe  of 

Proteft  is  enter-*  Commons,  about  the  Forts  and  Militia  of  the 

edl  '  Kingdom,  concerned!  much  the  Safety  of  it,  the 

'  King's  Service,  and  the  general  Peace  and  Quiet 

'  of  the  Land ;  and,  as  we  conceive,  is  abiolutely 

'  neceflary  to  the  fettling  the  prefent  Diftempers, 

*  and  tendeth  to  the  Furtherance  of  Trade,  now 
'  much  obftrufled  and  decayed,  as  hath  been  rcpre- 
'  fented  by  feveral  Petitions  from  the  City  of  Lon-, 
'  don  and  fundry  other  Counties:  We  proteftagainft 
c  the  Vote  of  rejecting  of  that  Defire  of  the  Com- 

*  mons,  and  do  teftify  our  Dillent,  to  difcharge  our- 
'  felves  from  all  the  Mifchief  and  ill  Confequences 

*  that  may  thereupon  follow a. 

The 

a  The  Addition,  at  Length,  was  in  thefe  Words  :  '  And  to  the 
further  Intent  that  they  may  be  enabled,  with  Security,  to  dif- 
rharge  their  Duties  herein,  They  humbly  beleech  your  Sacred 
Majefty  to  raife  up  unto  them  a  fure  Ground  of  Safety  and  Con- 
fidence, by  putting  the  Toiver  and  other  principal  Forts  of  the 
Kingdom,  and  the  whole  Militia  thereof,  into  the  Hands  of  fuch 
Pcrfons  as  your  Parliament  may  confide  in,  and  as  {hall  be  re- 
commended to  your  Majefty,  by  both  Houfes  of  Parliament :  That 
all  Fears  and  Jealoufies  being  laid  alide,  they  may,  with  all  Chear- 
fu!nt:fs,  proceed  to  fuch  Reiblutions,  as,  they  hope,  will  lay  a  fure 
Foundation  of  Honour,  Greatnefs,  and  Glory  to  your  Majefty  and 
your  Royal  Pofterity,  and  of  Happinefs  and  Profperity  to  your 
Subjects,  throughout  all  your  Dominions.' 

There  being,  in  all,  thiity-two  protefting  Lords,  and  thirteea 
Bifhops  that  were  then  Prifohef?,  there  muft  have  been  a  very  full 
Hgufe  to  have  carried  this  Queftion  in  the  Negative. 


ENGLAND. 


229 


The  NAMES  of  the  PEERS  who  fubfcribed  An.  ,7.  Car./. 
the  foregoing  PROTEST.  l64I- 

Earl  of  ESSEX.  Z^PAGET.  January. 

£tfr/  o/~  WARWICK.  ZW  KIMBOLTON. 

Earl  of  PEMBROKE.  Lord  BROOKE. 

Earl  of  HOLLAND.  Lord  ROBERTS. 

Earl  of  STAMFORD.  Lord  NORTH. 

Earl  of  BEDFORD.  Lord  WHARTON. 

Earl  of  LEICESTER.  Lord  ST.  JOHN. 

E.irl  of  CLARE.  Lord  SPENCER. 

Earl  of  LINCOLN.  Lord  FIELDING. 

Earl  of  SALISBURY.  Lord  WILLOUGHBY. 

Earl  of  BOLINGBROKE.  Lard  BRUCE. 

E.  of  PETERBOROUGH.  Lord  DACRES. 

Earl  of  THANET.  Z^.HowARD^feEfcrick. 

Earl  of  NOTTINGHAM.  Lord  GREY  de  Werk. 

Vifcount  SAY^^SELE.  Lord  CHANDOIS. 

Fijcount  CONWAY.  Lord  HUNSDON. 

Jan.  25.  Petitions  came  now  very  thick  from 
feveral  Counties  of  England  to  the  Parliament,  for 
a  Reformation  'both  in  Church  and  State;  and  this 
Day  the  Commons  defired  a  Conference  with  the 
Lords  about  them.  On  which  Occafion  Mr. 
Pymme,  who  was  appointed  to  manage  the  fame, 
fpoke  as  follows  : 

My  Lords, 
*  "I"  Am  commanded  by  the  Knights,  Citizens,  Mr.  Pynuxe's 

J[   and  Burgefles,  aflembled  for  the  Commons  s?e«h  at  a  Con- 
in  Parliament,  to.prefent  to  your  Lordftiips  divers  LordsTocc'afion'd 
Petitions,  which  they  have  received  from  feveral  by  many  Petiti- 
Parts,   concerning   the   State  of   the    Kingdom  ;OI?sfor  a  Refor- 
whereunto  they  are  chiefly  moved  by  that  conftant  ™a'tf  hurch 
Affe&ion  which  they  have  always  exprefs'd,   of 
maintaining  a  firm   Union  and   good  Correfpon- 
dence  with  your  Lordfhips  ;  wherein  they  have 
ever  found  much  Advantage  and  Contentment,  but 
never  held  it  more  important  and  neceflary  than  at 
this  Time,  wherein  the  Wifdom  and  Refolution  of 
P  3  Par- 


230      The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Parliament  have  as  many  great  Dangers  and  DifK- 
1641.        culties  to  pafs  through  as  ever  heretofore. 

.* v~-*^         «  We  are  united  in  the  public  Truft,  which  is 

January.  Derived  from  the  Commonwealth,  in  the  common 
Duty  and  Obligation  whereby  God  doth  bind  us  to 
the  Difcharge  of  that  Truft  :  And  the  Commons 
tlefire  to  impart  to  your  Lordftiips  whatfoever  In- 
formation pr  Intelligence,  whatfoever  Encourage- 
ment or  Afliftance,  they  have  received  from  thofe 
feveral  Counties  which  they  reprefent ;  that  fo  like- 
xvife  we  may  be  united  in  the  fame  Intentions  and 
Endeavours  of  improving  all  to  the  Service  of  his 
Majefty,  and  the  common  Good  of  the  Kingdom. 

4  The  Petitions,  which  I  am  directed  to  commu- 
Siicate  to  your  Lordftiips,  are  four  ;  from  London^ 
Middlefex,  E/ex,  and  Hertford/hire.  We  have  re- 
ceived many  more,  but  it  would  take  up  too  much 
Time,  and  be  too  great  a  Trouble  to  perufe  all ; 
and  in  thefe  four  you  may  perceive  the  EffecT:  and 
Senfe  of  all :  Firft,  I  am  to  defire  your  Lordfhips 
to  hear  them  read  ;  and  then  I  fhall  purfue  my  In- 
ftru6lions  in  propounding  fome  Obfervations  out  of 
them. 

The  HUMBLE  PETITION  and  ANSWER  of  the 
Mayor,  Aldermen,  and  the  reft  of  the  Common 
Council  of  the  City  of  London,  to  the  Honour- 
able Houfe  of  Commons. 

The    PETITION 

Sheweth, 

JHat  the  Committee  of  this  Honourable  Houfe,  up- 
on Saturday,  the  2ld  of  this  injlant  January, 
fent  a  MeJJage  to  the  Petitioners  for  the  Loan  of 
I  OO,OOO  1.  or  of  fo  much  thereof  as  could  conveni- 
ently be  forthwith  raifed,  for  levying  of  Forces  to 
fupprefs  the  Rebels  in  Ireland ;  to  which  MeJJage 
fomething  was  then  anfwered,  and  a  further  Anfwer 
in  Writing  promifed. 

In  Performance  whereof  they  humbly  prefent  the 
Anfaer  following^  together  with  the  Reafons  thereof ^ 

ds- 


Of    E  N  G  LAN  D.      231 

dffiring  that  the  fame  (being  the  beji  that ,  for  the  pre-  An.  17.  Car.  I. 
jent,  they  are  able  to  give)  may  be  favourably  accepted.        1641. 
And  they  fhall  ever  pray,  &c.  t—.-v— «j 

J  !?  .January. 

The      ANSWER. 

*  The  Petitioners  are  duly  and  deeply  fenfible  of 

*  the  great  Miferies  ot  their  Brethren  in  Ireland,  and 

*  of  the  imminent  Danger,  not  only  of  the  total 

*  Lofs  of  that  Kingdom,  but  of  the  Ruin  of  this 
6  alfo,  if  that  of  Ireland  fhould,  which  God  for- 
1  bid,  be  loft.     And  as  they  have  hitherto  (hewed 

*  themfelves  ready,  even  beyond  their  Abilities,  to 
4  ferve  the  King  and  Parliament;  fo  fhall  they  ever 

*  continue,  to  the  utmoft  of  their  Power,  with  all 
'  Chearfulnefs  and  Duty  :  But,  at  the  prefent,  they 
'  are  compelled   to  repeat  their  former  Anfwer, 
'  That  they  have  no  Power  to  raife  any  Sums,  by 

„<  way  of  Tax,  for  any  foreign  Ufe  ;  and  do  fur- 
4  ther  anfwer,  That  they  have  no  Means  to  do  it, 
4  otherwife  than  by  the  immediate  perfonal  Confent 

*  of  every  particular  Lender,  which  they  cannot 
4  hope  to  obtain,  in  regard  of  thefe  ObftrucYions 
'  following;  which  the  Petitioners  humbly  prefent, 
4  together  with  this  their  further  Anfwer,  as  the 
4  Reafons  thereof: 

i/?,  4  That  immediately  before  the  Parliament, 
4  and  fmce,  divers  great  Sums,  for  the  Service  of 
4  the  King  and  Kingdom,  have  been  already  lent 
4  by  the  Citizens  of  London,  befides  50,000!.  for 

*  the  Supply  of  Ireland  in  particular  ;  a  great  Part 
4  whereof  fome  of  the  Lenders  were  compelled  to 

*  borrow,  and  cannot,  to  this  Day,  repay. 

idly,  *  That  fuch  Part  of  thofe  Monies  as  are  al- 
4  ready  due  to  the  Citizens  from  the  Parliament, 

*  and  (hould  have  been  repaid  out  of  the  Poll-Mo- 
4  ney  and  Sublldies,  is  not  yet  done,  becaufe  there 
4  is  not  any  confiderable  Sum  come  in  from  the 
•*  Country,  as  was  expected,  to  fatisfy  the  fame. 

3<#v, '  That  the  faid  50,000  /.  lent  for  Ireland,  was 
4  battened  and  fpeedily  paid  within  near  about  200O/. 

*  upon  this  Ground  then  urg'd  by  the  Parliament, 
4  that,  if  it  were  forthwith  lent,  it  might  be  of  more 

4  Ufe 


232     *Tbe  Parliamentary  HISTORY 

Car.  I.4  Ufc  to  preferve  that  Kingdom  than  the  Loan  oi 

-  _        ;/.  could  be,  if  deferred  but  fix  Weeks;  yet 

-»*j    c  no  C0;iiiderable  Forces  are  fent  thither  to  this  Day. 

4  And  we  find  that  Men  will  not  be  willing  to  lend 

*  any  thing.,  till  they  are  aflured  that  a  good  Strength 

*  be' fent  thither,  with  lull  Commifficn,  to  relieve 

*  Londonderry  and  other  Parts  of  that  Kingdom. 

4/.'7v,  '  The  general  with- hold ine;  of  very  great 
*•  Sums  of  Money  from  the  Petitioners,  and  many 

*  others;  which  Monies  have  been  long  due,  not 
'  only  from  Chapmen  and  other  Debtors  wEngland* 

*  but  from  very  many  in  Ireland,  who  owe  many 
4  hundred  thpufand  Pounds  to  the  Citizens  of  Lcn- 
'  thn,  doth  render  divers  Perfons,  of  good  Eftates 
"  and  Credit,  hardly  able  to  go  on  with  Trade,  or 

*  to  pay  their  Debts  and  maintain  their  Charge. 

5/Mr,  4  The  brotherly  Offer  of  Scotland  to  fend 
4  IO)CCO  Alen  into  Ireland,  not  yet  to  accepted  as 
4  to  produce  any  RclSei"  to  that  bleeding  Kingdom, 

*  while  yet  our  .Brethren  are  daily  maft'acred  there, 

*  djfcourac;eth  nioft  Men  from  lending  any  Money, 

*  were  they  ever  fo  able. 

6< /'//,  '  The  not  paffing  the  Bill  for  preffing  of 
'  Soljiers  here,  whereby  Inch  Forces  as  are  requi- 

*  fite  might  be  timely  fent  from  hence  mtolre/and, 

*  puts  many  Men  into  Fears,  that  there  may  be 

*  iome  Dclign  rather  to  lote  that  Kingdom,  and  to 

*  cpnfume  this  in  the  iciing  of  Ireland,  than  to-  pre- 

*  fcrve  erther  the  one  or  the  other  ;  for  that  it  can- 
*•  not  be  conceived,  that  the  Rebels  being  grown 
',  fo. powerful,  will  be  fupprefs'd  by  Volunteers. 

~tk[y,  *•  The  flow  iffuLng  of  Commifltons  to  thofe 
'  v/hp,  being  in  Ireland^  or  2;oing  thither,  are  wil- 

*  ling  to  enter  the  Field  againft  the  Rebels,  difables 

*  them  from  doing;  any  effectual  Execution  upon 

*  the  Enemy,  unlefs  in  their  own  Defence ;  and 
c  to  aJl  the  Monies  that  have  been,  or  may  be,  fent 

*  thither, are  exhaufted  tomaintainour Forces  to  do 

*  little  or  nothing  worthy  of  them,  rather  than  em- 
*.  ployed  to  chaftife  the  Rebels,  and  to  reduce  them 
c  to  Obedience  ;  by  Means  whereof  the  Number 
*.  and  Power  of  the  Rebels  are  greatly  increafeo, 

*  divers 


Of   ENGLAND.      233 

*  divers  Caftleg  and  Towns  are  by  them  taken,  An-  *7-  Car«  I* 
4  much  Proteitant  Blood  is  daily  fpilt,  many  thou- 

4  land  Families  deftroyed,  the  malignant  Party  of 

*  Papilts  and  their  Adherents  here  are  encouraged, 

<  and  thofe  Rebels  fo  much  emboldened,  .that  they 
4  boaft  they  will  extirpate  \heBritiJh  Nation  there, 

*  and  then  make  England  the  Seat  of  War. 

8f/Wy,  '  The  not  Difarming  of  Papifts  here  in 
'  England^  after  many  Difcoveries  of  their  Treache- 

*  ries  and  bloody  Defigns  upon  the  Parliament  and 

*  Kingdom  ;    the  great  Decay  of  Fortifications, 

*  Block-houfes,  and  other  Sea-Forts;  the  not  ma- 
'  naging  of  them,  nor  furniming  them  with  Ord- 

<  nance  and  Ammunition  ;    the  not  placing  all  of 
4  them  in  fuch  Hands  in  whom  the  Parliament  may 
'  confide  ;  and  the  not  fettling  this  Kingdom  in  a 
4  Pofture  of  Defence,  in  Times  of  fo  many  Fears 
4  and  Jealoufies  of  foreign  Invafions  and  inteftine 
4  Confpiracies ;  the  not  removing  the  prefent  Lieu- 

*  tenant  of  the  Tower  t  and  putting  fuch  a  Perfon 
4  into  that  Place  as  may  be  well  approved  by  the 
4  Parliament,  notwithstanding  the  earneft  Petitions 
4  exhibited  to  this  Honourable  Houfe  for  that  Pur- 

*  pofe  j    which  hath  produced  a  Forbearance  to 
4  bring  Bullion  into  the  Tower,   jn  this  Time  of 
4  Scarcity  of  Monies :  All  which  cannot  but  over- 
4  throw  Trading  more  and  more,  and  make  Mo- 
4  nies  yet  more  fcarce  in  the  City  and  Kingdom. 

qtbfy,  4  The  King's  Ships,  which  ought  to  be  a 

*  Wall  of  Defence  to  this  Kingdom,  and  a  Convoy 
4  to  the  Merchants,  for  which  Tonnage  and  Poun-r 
4  dage  was  granted,  are  not  fitted  and  employed  as 
4  the  prefent  Condition  of  this  Kingdom  and  Ireland 
4  requires;   but  fome  of  them  for  the  conveying 

*  away  of  Delinquents,  who  durft  not  abide  the 
4  Teft  of  the  Parliament,  to  the  great  Encourage* 
4  ment  of  the  reft  of  the  Malignant  Party  here  ; 
4  who,  when  their  Defigns  and  thcmfelves  be  de- 
4  te&ed,  know  how  to  efcape  the  Hand  of  Juftice, 
4  through  the  Abufe  of  a  Royal  Conduct. 

loth/y^  *  The  not  queftioning  thofe  many  thou- 

*  fands  of  unknown  Perfons  who  are  Sheltered  in 


An.  17.  Car,  I. 
1641. 


234.       The  Parliamentary  HISTORY 

Covent-Garden,  and  thereabouts,  who  do  not 
employ  themfelves  in  any  lawful  Calling ;  and, 
it  is  very  probable,  lie  in  Readinefs  to  adventure 
upon  fome  defperate  Attempt,  to  the  endanger- 
ing of  the  Welfare,  Peace,  and  Safety  of  the 
King's  Majefty,  the  Parliament,  and  City. 

llthfy,  *  The  Mifunderftanding  between  the 
King  and  the  Parliament;  the  not  Vindicating  the 
Privileges  of  Parliament;  the  not  Suppreffing-of 
Protections ;  the  not  Punifhing  of  Delinquents^and 
the  not  Executing  of  all  Priefls  and  Jefuits,  legally 
condemned ;  while  others,  contrary  to  the  Privi- 
lege of  Parliament,  have  been  illegally,  as  the  Pe- 
titioners conceive,  charged  with  Treafon,  to  the 
deterring  of  worthy  Members  from  difcharging 
their  Duties,  and  to  the  deftroying  of  the  very 
Being  of  Parliaments ;  do  exceedingly  fill  the 
Minds  of  Men,  well-affected  to  the  Public,  with 
many  Fears  and  Difcouragements  throughout  the 
Kingdom,  and  fo  difable  them  from  that  chearful 
Afliftance  which  they  would  be  glad  to  afford. 

I2//J/X,  '  By  Means  of  the  Premifes  there  is  fuch 
Decay  of  Trading,  and  fuch  Scarcity  of  Money, 
neither  of  which  can  be  cured  till  the  former  Evils 
be  removed,  as  is  likely,  in  very  Ihort  Time, 
to  caft  innumerable  Multitudes  of  poor  Artificers 
into  fuch  a  Depth  of  Poverty  and  Extremity,  as 
may  enforce  them  upon  fome  dangerous  and  defpe- 
rate Attempts,  not  fit  to  be  exprefled,  much  lefs 
to  be  jtiftified  ;  which  they  leave  to  the  Wifdom 
of  this  Houfe  fpeedily  to  coniider  and  prevent. 

'  Thefe  are  the  Evils  under  which  the  Petitioners 
do  exceedingly  labour  and  languifh,  which  they 
humbly  conceive  to  have  fprYingfrom  the  employ- 
ing of  ill-aftecled  Perfons  in  Places  of  Truft  and 
Honour  in  the  State,  and  near  to  the  Sacred  Per- 
fon  of  his  Majefty;  and  thatthefe  Evils  are  ftill 
continued  by  means  of  the  Votes  of  Bifhops  and 
Popifh  Lords  in  the  Houfe  of  Peers. 

'  And  now  that  the  Petitioners  have  faithfully  re- 
prefented  the  true  Reafons  which  do  really  enforce 
them  to  return  this  Anfwer,  moft  of  which  have 

'  been 


Of    E  N  G  L  A  N  D.      235 

'  been  formerly  offered  to  this  Honourable  Houfe,  An.  17.  Car.  I, 

*  in  fundry  Petitions;  and  that  they  have  done  all 

*  that  in  them   lies,  even  beyond  all  Precedent, 
'  to  ferve  the  King,   Parliament,  and  Kingdom  : 
'  They  humbly  crave  Leave  to  proteft,  before  God 
'  and  the  High  Court  of  Parliament,  that  if  any 
'  further  Miferies  befall  their  dear  Brethren  in  Ire- 

*  land,  or  if  any  Mifchief  fhall  break  in  upon  this 
'  Kingdom,to  the  endangering  or  difturbing  thereof, 
'  it  ought  not  to  be  imputed  to  the  Petitioners,  but 
'  only  to  fuch  as  {hall  endeavour  to  hinder  the  ef- 
'  feclual  and  fpeedy  Cure  of  the  Evils  before  recited, 

*  that  fo  muchdifable  and  difcourage  the  Petitioners 
e  from  doing  that,  which,    by  this    Honourable 
'  Houfe,  is  defired  of  them*. 

The  HUMBLE  PETITION  of  the  Knights,  Gen- 
tlemen, Minifters,  and  other  Inhabitants  of  the 
County  of  Ejfex^  to  the  Honourable  Houfe  of 
Commons, 

Sheweth, 

rO  this  Honourable  Houfe,  that  we  are  truly  fen- 
fible  of  your  great  Care  and  extraordinary  En- 
deavours to  fettle  our  Religion  and  Peace ;  and  daily 
blefs  God  Almighty,  the  King's  Majefiy,  the  Peers, 
and  this  Honourable  AJJembly  for  the  fame.  And  we 
do  further,  in  all  Humility,  represent  to  your  Ho- 
nourable Confederation,  that  notwithjlanding  your 
abundant  Care  and  Indujlry,  we  do  Jiill  appre- 
hend a  great  Stop  of  Reformation  in  Matters  of 
Religion  ;  and  ourfelves,  together  with  you  and  the 
whole  Kingdom,  to  be  in  great  Danger  from  the  Pa- 
pi/lS)  and  other  ill-affefted  Perfons,  who  are  every 
where  very  infolent,  and  ready  ta  a£l  the  Parti  of 
thofe  favage  Blood-fuckers  in  Ireland,  if  they  be  not 
fpeedily  prevented  j  by  Means  whereof  our  Trading^ 

efpeciaily 

*  In  the  Copy  of  Mr.  Pymme's  Speech,  printed  by  Charles  Greenty 
by  Order  of  the  Houfe,  it  is  faid,  '  That  the  Middlesex  Petition 
•  was  never  printed,  and  therefore  not  inferted."  The  faid  Petition 
is  afro  omitted  in  Rujbwartb,  but  no  Rcafon  afligt'd  for  it ;  Nor 
is  it  entered  in  tfie  Csmmtns  Journal^ 


236     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  efyedally  of  Clothing  and  Farming,  grow  a-pace  to 
1641.       j0  great  a  Da?ttp,  as  many  Thoujands  are  like  to  cornt 
^T^^T"^    to  Judden  Want :  Nor  can  we  expecJ  any  Redrefs 
januan.      there!)f^  unlefs  the  Bijhops  and Popijh  Lords  be  remo- 
ved out  of  the  Houfe  of  Peers, 

Therefore  we  humbly  pray  that  you  would  earneft- 
ly  mediate  with  his  Majefty  and  the  Houfe  of 
Peers,  that  our  Brethren  in  Ireland  may  be  fpee- 
dily  relieved;  the  Papijh  throughout  this  King- 
dom may  be  difarmed ;  the  Kingdom  be  put  into 
fuch  a  warlike  Pojlure,  for  Defence ',  as  may  be 
for  its  Safety  ;  and  that  the  Bijhops  and  Popijh 
Lords,  who,  as  we  conceive,  have  hindered  the 
Succefs  of  your  godly  Endeavours,  may  be  exclu- 
ded the  Houfe  of  Peers  ;  not  doubting  but  that 
then  our  Petitions,  formerly  prejcnted  to  this 
Houfe,  will  receive  the  more  full  and  fpeedy 
An  fiver.  And  your  Petitioners  revolving  (in  all 
jujl  and  honourable  Ways,  according  to  our  late 
Protejiation)  to  affi/i  you  in  your  Rights  and 
Privileges,  with  our  Ejlates  and  Lives,  againjl 
the  Enemies  of  God,  the  King  and  State,  hum- 
by  fray,  &c. 

The  HUMBLE  PETITION  of  the  Knights,  Gentle- 
men, Freeholders,  and  others,  Inhabitants  of  the 
County  of  Hertford,  to   the  Honourable  the  • 
Houfe  of  Commons, 

Shcvveth, 

rjTHat  this  Church  and  Kingdom  being,  (by  the  Pre- 
JL  lates,  the  Multitudes  of  corrupt  and  jcanda  Ions 
Minifters  their  Creatures^  and  the  Popiflj  Party, 
concurring  with  them  on  the  one  Hand  ;  and  by  wick- 
ed Counfellors*  evil  Minifters  of  State^  and  great 
Swarms  of  Projectors,  and  others  ill  ajfecled  io  the 
Peace  of  this  Realm,  on  the  other  Hand)  brought  to  a 
fad  and  almoft  defperate  Condition,  and  thereby  the 
Splendour  of  his  MajejJy's  Crown  and  Dignity  dan- 

feroufly  weaken' d  and  'eclipfed ;  it  pleafed  his  Majejfy^ 
aving  refpecJ  to  the  Petitions  of  Nobles  and  People 
in  that  Behalf,  to  call  this  prejent  Parliament^  the 

cnly 


Of    E  N  G  L  A  N  D.      237 

enly  able  Means,  under  God,  to  reform  the  many  Pref-  An-  *"?•  Car.  '• 
fures  and  Grievances  of  the  Church  and  Kingdom, 
and  to  remove  the  Caujes  thereof. 

In  which  Parliament,  to  the  Honour  of  his  Majejly, 
and  Comfort  of  his  gsod  SubjecJs,  exemplary  ^u/iice 
hath  been  executed,  Arbitrary  Courts,  Ship-Money, 
Monopolies,  and  other  illegal  Impofitions  removed,  the 
Shedding  of  much  Blood  prevented  by  the  late  Union. 
between  the  two  Kingdoms  of  England  and  Scotland; 
and  further  Hopes  given  us  of  perfecting  what  re- 
mains by  the  happy  Continuance  and  much-dejired 
Progrefs  of  this  Parliament. 

And  although  that  malignant  Party  of  Prelates  and 
Papi (Is, and  their  Adherents  (whofe  prefent  Standing^ 
and  the  happy  Succefs  of  this  Parliament,  as  the  Peti- 
tioners humbly  conceive,  are  inconfiftent)  have,  by  their 
manijold  wicked  Practices  and  Dejigns^  endeavour- 
ed to  hinder  all  thorough  Reformation  in  Church  and 
Commonwealth;  tojlijle,  in  the  Birth  and  Progrefs , 
all  thofe  good  Bills  and  other  Preparations  made 
by  this  Honourable  Ajjembly  for  that  Purpofe,  and 
especially,  for  the  Relief  of  the  Kingdom  of  Ireland  ; 
( the  Ruin  whereof  will  endanger  this  Kingdom  alfo) 
to  Jlop  the  Influence  of  his  Majejly  s  Royal  Favour  in 
giving  Life  thereto;  to  divide  between  his  Majefly  and 
this  Honourable  AJJembly  ;  and  to  render  you  not  only 
contemptible,  but  alfo  fiurthenfome  to  the  People  ;  yet 
the  Petitioners,  and,  as  they  verily  believe,  all  well- 
ajfetled  to  bis  Majefly  and  the  Peace  and  Profperity 
of  this  Kingdom,  have,  and  flill  Jhall  continue  an 
high  and  honourable  Ejhem  of  this  worthy  AJfembly, 
and  of  your  great  and  unwearied  Endeavours  ;  and 
do  with  the  utmojl  ExpreJJions  of  their  Thankfulnefsy 
acknowledge  the  fame,  and  the  Progrefs  and  Perfect- 
ing thereof,  to  be  cf  great  Consequence  and  deep 
Neccjfity  to  the  Peace  and  Welfare  of  this  Church  and 
Kingdom  ;  and  fitch  as  without  which  not  only  a  Re- 
flux of  the  former  Calamities,  but  even  utter  Ruin 
and  Defolation,  like  that,  being  too  long  continued, 
in  fad  and  much -lamented  Ireland,  will  apparently 
enfue. 

From 


238     *The  Parliamentary  HISTORY 

.  From  the  Senfe  whereof,  and  of  the  great  and  UK- 
heard- of  Breaches  lately  mad^e  upon  the  Privileges  of 
Parliament^  even  to  the  Endangering  of  the  Being 
thereof  \  wherein  your  Petitioners  and  their  Pofterity 
are  much  concerned :  The  Petitioners  take  upon  them 
the  humble  Boldnefs  to  declare  their  Readme fs  and 
great  Engagements,  according  to  their  Protejiation,  to 
Jiand  to,  and  defend,  to  the  utmo/i  Peril  of  their  Lives 
and  Eftates,  the  King's  Majejly  and  High  Court  of 
Parliament,  with  all  the  Power  and  Privileges  of  the 
fame,  and  all  your  honourable  Proceedings  for  the  com- 
mon Goody  againft  all  Popijh  and  other  malignant 
Oppofers,  vjho  endeavour,  either  by  evil  Counfel,  fe- 
cret  Plots,  or  open  Force,  to  hurt  or  prejudice  the 
fame,  or  to  make  Divifions  between  his  Majejly  and 
the  Parliament. 

And  the  Jaid  Petitioners  humbly  pray,  that  thePa- 
pijis  may  be  fully  dif armed-,  the  Laws  again/I 
them  executed;  the  Kingdom,  and  especially  this 
County,  according  to  their  late  Petition  in  that 
Behalf,  put  into  a  Pojlure  of  War  for  their 
better  Defence  ;  the  Forts  and  Strength  of  this 
Kingdom  put  into  fafe  Hands,  which  the  Par- 
liament may  confide  andtrujl  in ;  the  Privilege: 
of  Parliament  repaired  and  thoroughly  vindica- 
ted; and  that  this  Honourable  j4ffe?nbly  (as  hath 
been  lately  defer  ed  of  you  by  the  Citizens  of  Lon- 
don) will  be  a  Means  imto  his  Majejly  and  the 
Houfe  of  Peers,  that  Life  may  be  fpeedily  given 
to  your  good  Endeavours  by  their  Concurrence 
with  you  in  taking  away  of  the  Votes  of  Popijh 
Lords  and  Bifljops  out  of  the  Houfe  of  Peers  ; 
the  fpeedy  and  ftrong  Relief  of  Ireland  j  the 
further  Punijhment  of  Delinquents ;  the  Re- 
moval of  the  PreJJiires  and  Grievances  in  Church 
and  Commonwealth^  and  reforming  of  what  is 
therein  amifs. 

For  all  which  your  Petitioners   {hall  daily 
pray,  &fc 


Of    E  N  G  L  A  N  D.      239 

Thefe  Petitions  being  read  by  four  feveral  Mem- An.  17.  Car.  I* 
hers  of  the  Houfe J,  Mr.  Pymme  reajjumed  his        ^l- 
Difccurfe. 

'  My  Lords,  in  thefe  four  Petitions  you  may 
hear  the  Voice,  or  rather  the  Cry,  of  all  England; 
and  you  cannot  wonder  if  the  tlrgenc.y,  the  Ex- 
tremity, of  the  Condition  wherein  we  are,  do  pro- 
duce fome  Earneftnefs  and  Vehemency  of  Expref- 
fion  more  than  ordinary;  the  Agony,  Terror,  and 
Perplexity  in  which  the  Kingdom  labours,  is  uni- 
verfal, all  Parts  are  affected  with  it ;  and  therefore 
in  thefe  you  may  obferve  the  Groans  and  miferable 
Complaints  of  all. 

*  Divers  Reafons  may  be  given  why  thofe  Dif- 
eafes  which  are  epidemical  are  more  dangerous  than 
others :  i/?,  The  Caufe  of  fuch  Difeafes  is  univerfal 
and  fupernal,  not  from  an  evil  Conftitution,  or 
evil  Diet,  or  any  other  Accident;  and  fuch  Caufes 
work  with  more  Vigour  and  Efficacy  than  thofe 
which  are  part^ular  and  inferior,  idly,  In  fuch 
Difeafes  there  is  a  communicative  Quality,  where- 
by the  Malignity  of  them  is  multiplied  and  enforced. 
3^/y,  They  have  a  converting  transforming  Power, 
that  turns  other  Difeafes  and  evil  Affections  of 
Men's  Bodies  into  their  own  Nature. 

i/?,  *  The  common  and  epidemical  Difeafe, 
wherein  this  Commonwealth  now  lies  gafping, 
hath  a  fuperior  and  univerfal  Caufe  from  the  evil 
Counfels  and  Defigns  of  thofe,  who,  under  his 
Majefly,  bear  the  greateft  Sway  in  Government. 
2fl/yt  It  hath  a  contagious  and  infectious  Quality, 
whereby  it  is  diffufed  and  difperfed  thro'  all  Parts. 
of  the  Kingdom.  3<#y,  k  is  apt  to  take  in  tfce 
Difcontents,  evil  Affections,  and  Defigns  of  par- 
ticular Perfons,  to  increafe  and  fortify  itfelf. 

'  I  ihall  take  Occafion,  from  feveral  Branches  of 
thofe  Petitions  which  your  Lordfhips  have  heard, 
to  obferve, 

i/?,  •  The  Variety  of  Dangers  to  which  this 
Kingdom  is  now  fubject. 

2<ty« 

1  Mr.  Brcione,  Mr.  George,  Mr.  Careio,  and  Mr.  Lijlf^  were 
appointed  by  the  Houfe  for  shat  Purpofe,  Com,  Jomrn* 


240     Tie  Parliamentary  HISTORY 

Ant  17.  Car.  r.       2^/y,  c  The  manifold  Diftempers  which  are  the 

l64f-         Gaufe  of  thofe  Dangers. 

CT"">^7"'"*/         3<//>j,  '  The  Multiplicity  of  thofe  evil  Influences 
January,      wn'ich  are  the  Caufes  of  thofe  Diftempers. 

'  The  firjl  Danger  is  from  Enemies  abroad  ; 
this  may  ieem  a  caufelefs  and  impertinent  Obfer- 
vation  at  this  Time,  feeing  v/e  are  in  Peace  with 
all  Nations  about  us  :  But,  my  Lords,  you  may 
be  pleafed  to  confider  that  the  Safety  of  the  King- 
dom ought  not  to  depend  upon  the  Will  and  Dif- 
pofition  of  our  Neighbours,  but  upon  our  own 
Strength  and  Provifion ;  betwixt  States  there  are 
often  fudclen  Changes  from  Peace  to  War,  accord- 
ing to  Occafion  and  Advantage.  All  the  States  of 
Chrljl endow,  are  row  armed,  and  we  have  no  Rea- 
fon  to  believe  but  that  thofe  of  greateft  Power  have 
an  evil  Eye  upon  us,  in  refpedt  of  our  Religion  : 
And  if  their  private  Differences  fliould  be  com- 
pofed,  how  dangeroufly,  how  fpeedily,  might  thofe 
great  Armies,  and  other  Preparations  now  ready^ 
be  applied  to  fome  Enterprize  and  Attempt  againft: 
HS  ?  And  if  there  were  no  other  Caufe,  this  were 
fufficient  to  make  us  ftand  upon  our  Guard  :  But 
there  are  clivers  more  efpecial  Symptoms  of  Dan- 
gers of  this  Kind. 

*•  We  may  perceive,  by  feveral  Advert!  fements 
from  abroad,  that  they  did  forefee  our  Dangers 
many  Months  before  they  broke  out ;  they  could 
foretell  the  Time  and  Manner  of  them,  which  is 
a  clear  Evidence  they  held  Intelligence  with  thofe 
which  were  the  Contrivers  and  Workers  of  the 
prefent  Troubles. 

4  We  have  many  dangerous  Traitors  and  Fu- 
gitives now  in  other  Parts,  who  can  difcover  the 
\Veaknefs  and  Diftemper  of  the  Kingdom  j  who 
hold  Intelligence  with  the  ill-affe<5ted  Party  here, 
and,  by  all  cunning  and  fubtle  Practices,  endea- 
vour to  incite  and  provoke  other  Princes  againft 
us. 

*  Some  of  the  Minifters  of  our  Neighbour  Princes 
may  be  juftly  fufpected  to  have  had  a  more  imme- 
diate''Hand  and  Operation  in  the  Infurre<Slion  and 

Re- 


Of    ENGLAND.     241 

Rebellion  in  Ireland-,  many  of  the  Commanders,  An.  17.  Car.  |. 
and  moft  of  the  Soldiers,  levied  for  the  Service  of        1<34J- 
Spain,  are  now  joined  with  the  Rebels  there ;  and  ^J"'~v'~""" 
thofe  Irljh  Friars,  which  were  employed  by  the      ^a'U 
Spani/h  Ambaflador  for  the  making  of  thofe  Le- 
vies, are  known  to  have  been  the  chief  Incendiaries 
of  this  Rebellion,  and  are  ftill  very  active  in  the 
Profecution  and  Encouragement  of  it. 

'  The  Rebels  have  a  ready  and  fpeedy  Supply 
from  fome  of  our  Neighbours.  Two  Convoys  of 
Munition  and  Arms  we  are  certainly  informed  of, 
one  from  Dunkirk^  the  other  from  Nantes  in  Brit- 
tany; and  certainly  thofe  that  are  fo  forward  to 
enable  others  to  hurt  us,  will  not  forbear  to  hurt 
us  themfelves,  as  foon  as  they  ihall  have  Means 
a«d  Opportunity  to  do  it. 

6  Another  Danger  is  from  the  Papifts  and  ill- 
affected  Party  at  home.  The  Papifts  here  are  act- 
ed by  the  fame  Principles  with  thofe  in  Ireland ; 
many  of  the  moft  active  of  them  have  lately  been 
there,  which  argues  an  Intercourfe  and  Communi- 
cation of  Councils.  They  have  ftill  Store  of  Arms 
and  Munition  at  their  difpofing,  notwithftanding 
all  our  Endeavours  to  difarm  them  ;  they  have  3. 
free  Refort  to  the  City  and  to  the  Court;  they  want 
ho  Opportunities  to  confult  together;  they  have  the 
fame  or  greater  Encouragements  from  above*  and 
from  about  them,  than  ever,  in  refpect  of  the  Ex- 
ample and  Succefs  of  the  Rebels  in  Ireland,  and 
the  great  Confufions  and  Divifions  which,  by  their 
cunning  smi  fubtle  Practices,  are  raifed  and  fo- 
mented amongft  ourfelves  at  home. 

*  A  third  Danger  is  of  Tumults  and  Infurrec- 
•tions  of  the  meaner  Sort  of  People,  by  reafon  of 
their  ill  Vent  of  Cloth  and  other  Manufactures^ 
whereby  great  Multitudes  are  fet  on  Work  ;  who 
Jive  for  the  moft  Part  on  their  daily  Gettings,  and 
will,  in  a  very  (hort  Time,  be  brought  to  great  Ex- 
tremity, if  not  employed  :  Nothing  is  more  lharr> 
and  prefllng  than  Neceflity  and  Want ;  what  they 
cannot  buy  they  will  take ;  and  from  them  the  like 
Neceflity  will  quickly  be  derived  to  the  Farmers 

VOL,  X  Q  and 


242     'The  Parliamentary  HISTORY 

An.  17.  Car.  I.  and  Hufbandmenj  and  fo  grow  higher,  and  involve 
1641.  ali  in  an  Equality  of  Mifcry  and  Diftrefs,  if  it  be 
*— *v— - J  not  prevented.  And,  at  this  Time,  fuch Tumults 
January.  wj|ii  De  dangerous,  becaufe  the  Kingdom  is  full  of 
difbanded  Soldiers  and  Officers,  which  will  be 
ready  to  head  and  to  animate  the  Multitude  to 
commit  Violence  with  more  Strength  and  Advan- 
tage ;  and  if  they  once  grow  into  a  Body,  it  will 
be  much  more  difficult  to  reduce  them  into  Order 
again,  becaufe  Neceffity  and  Want,  which  are  the 
Caufes  of  this  Difturbance,  will  {till  increafe  as  the 
Eftecls  do  increafe. 

'  A  fourth  Danger  is  from  the  Rebels  in  Ireland, 
not  only  in  refpe£t  of  that  Kingdom,  but  in  refpe6t 
of  this  :  They  have  feized  upon  the  Body  of  that 
Kingdom  already  ;  they  abound  in  Men  of  very 
able  Bodies ;  they  increafe  in  Arms  and  Munition; 
they  have  great  Hopes  of  Supplies  from  abroad,  of 
Encouragement  here,  and  are  fure  of  good  Enter- 
tainment from  the  Popifh  Party  ;  fo  that  they  be- 
gin to  fpeak  already  there  of  tranfporting  them- 
ielves  hither,  and  making  this  Kingdom  the  Seat 
of  the  War. 

'  The  Diftemper  which  hath  produced  thefe 
Dangers  is  various  and  exceeding  violent.  When- 
foever  Nature  is  hindered  in  her  proper  Operations 
and  Faculties,  Diftempers  will  neceffarily  follow. 

'  The  Obftructions  which  have  brought  us  into 
this  Diftemper  are  very  many,  fo  that  we  cannot 
wonder  at  the  Strength  and  Malignity  of  it.  Some 
of  the  chiefeft  of  thefe  Obftructions  I  {hall  endea- 
vour to  remember. 

i//,  '  The  Obftruaion  of  Reformation  in  Mat- 
ters of  Religion  :  No  Grievances  are  (harper  than 
thofe  that  prefs  upon  the  tender  Confciences  of 
Men;  and  there  was  never  Church  or  State  afflicted 
with  more  Grievances  of  this  Kind,  than  we  have 
been.  And  tho'  they  are,  by  the  Wifdom  of  this 
Parliament,  partly  eafed  and  diminifhed,  yet  many 
ftill  remain  ;  and  as  long  as  the  Bifhops,  and  the 
corrupt  Part  of  the  Clergy,  continue  in  their  Power, 
there  will  be  little  Hope  of  Freedom,  either  from 

the 


Of   E  N  G  L  A  N  D.     243 

th'e  Senfe  of  thofe  which  continue,  or  the  Fear  of  An.  17.  Car.  I.- 
thofe  which  are  removed.     And  of  this  Obftruc-    ^J/4,^, 
tton,  my  Lords,  I  muft  clear  the  Commons  ;  we 
are  in  no  Part  guilty  of  it :  Some  good  Bills  have 
pafs'd  us,   and  others  are  in  Preparation,  which 
might  have  been  pafs'd  before  this,  if  we  had  not 
found  fuch  ill  Succefs  in  the  other.     Whatsoever. 
Mifchief  this  Obftru&ion  fhall  produce,  we  are  free 
from  it '.  We  may  have  our  Part  of  the  Mifery,  we 
kcan  have  no  Part  in  the  Guilt  or  Difhonour. 

idty,  '  An  Obftruction  in  Trade  :  It  is  Trade 
that  brings  Food  and  Nourifhment  to  the  Kingdom. 
It  is  that  which  preferves  and  increafes  the  Stock 
of  the  whole,  and  diftributes  a  convenient  Portion 
of  Maintenance  to  every  Part  of  it  j  therefore  fuch 
sn  Obftrudion  as  this  muft  needs  be  dangerous,  the v 
Freedom  of  Trade  being  fo  neceflary,  the  Benefit 
fo  important,  as  that  it  gives  Life,  Strength,  and 
Beauty  to  the  whole  Body  of  the  Commonwealth* 
But  I  muft  proteft  the  Houfe  of  Commons  hath  gi- 
ven no  Caufe  to  this  Obftruclion  :  We  have  eafed 
Trade  of  many  Burdens  and  heavy  Taxes,  which 
are  taken  off;  we  have  freed  it  from  many  hard 
Reftraints,  by  Patents  and  Monopolies  ;  we  have 
been  willing  to  part  with  our  own  Piivileges,  to 
give  it  Encouragement;  we  have  fought  to  put  the 
Merchants  into  Security  and  Confidence  in  refpedt 
of  the  Tower  of  London,  that  fo  they  might  be  invi- 
ted to  bring  in  their  Bullion  to  the  Mint,  as  hereto- 
fore they  have  done  ;  and  we  are  no  way  guilty  of 
the  Troubles,  the  Fears,  and  public  Dangers  which 
make  Men  withdraw  their  Stocks,  and  to  keep  their 
Money  by  them,  to  be  ready  for  fuch  fudden  Exi- 
gences, as  in  thefe  great  Detractions  we  have  too1 
much  Caufe  to  expect. 

3<#y,  «  The  Obftrudion  in  the  Relief  of  Ireland^ 
It  muft  needs  be  accounted  a  great  Shame  and  Dif- 
honour  to  this  Kingdom,  that  our  Neighbours  have 
Ihewed  themfelves  more  forward  to  fupply  the 
Rebels,  than  we  have  been  to  relieve  ourdiftreffed 
Brethren  and  Fellow-Subjecls.  But  I  muft  declare 
We  are  altogether  innocent  of  any  Neglect  herein « 
a  A* 


244     The  Parliamentary  HISTORY 

An.  17.  Car.  I-As  foon  as  the  firft  News  of  the  Rebellion  came 
over  we  undertook  the  War,  not  by  way  of  Sup- 
j^C^1^  ply  and  Aid,  as  in  former  Rebellions  the  Subjects 
have  ufed  to  do  ;  but  we  undertook  the  whole 
Charge  of  it,  and  we  fuffcred  not  twenty-tour 
Hours  to  pafs  before  we  agreed  to  a  great  Levy  of 
Money  and  Men,  to  be  employed  againft  the  Re- 
\jels,  even  in  a  larger  Proportion  than  the  Lordsju- 
ftices  and  Council  there  did  defire ;  and,  from  Time 
to  Time,  we  have  done  all  for  the  Furtherance 
thereof,  though  in  the  Midft  of  many  Diftra&ions 
and  Diverfions  ;  but  the  \Vant  of  Commiflions  for 
levying  of  Men,  for  ifluing  Arms,  and  divers  other 
Impediments,  have  been  the  Caufes  of  that  Ob- 
ftru£tion  ;  and  I  wifh  we  had  not  only  found  Im- 
pediments to  curfelves,  but  alfo  Encouragements  to 
them.  Many  of  the  chief  Commanders,  now  at  the 
Head  of  the  Rebels,  after  we  had,  with  your  Lord- 
fhips  Concurrence,  flopped  the  Ports  againft  all 
Irijh  Papifts,  have  been  fuffered  to  pafs  by  his  Ma- 
jefty's immediate  Warrant,  much  to  the  Difcou- 
ragement  of  the  Lords  Juftices  and  the  Council 
there  ;  and  this  procured,  as  we  believe,  by  fome 
evil  Inftruments  too  near  his  Royal  Perfon,  with- 
out his  Majefty's  Knowledge  and  Intention. 

4^/j',  '  The  Obftruction  in  Profecution  of  De- 
linquents. Many  we  have  already  brought  up  to 
your  Lordfhips  ;  divers  others  we  have  been  dif- 
couraged  to  tranfmit ;  fuch  difficult  Proceedings- 
have  we  met  withall ;  fuch  Terrors  and  Difcounte- 
nance  have  been  caft  upon  ourfelves  and  our  Wit- 
neftes  ;  and  thofe  who  have  (hewed  themfelves 
their  Friends  and  Patrons,  have  found  it  the  moft 
ready  Way  to  Preferment  j  yea,  his  Majefty's  own 
Hand  hath  been  obtained*,  and  his  Majefty's  Ships 
employed,  for  the  tranfporting  of  divers  of  thofe 
who  have  fled  from  the  Juftice  of  Parliament. 

*(tkly,  *  A  general  Obftruclion  and  Interruption 
of  the  Proceedings  of  Parliament,  by  thofe  mani- 
fold Defigns  of  Violence  which,  thro'  God's  Mer- 
cy, we  have  efcaped  ;  by  the  great  and  frequent 
Breaches  of  Privilege  -}  by  the  fubtle  Endeavours  to 

raifc 


Of    ENGLAND.      245 

vaife  Parties  in  our  Houfe,  and  Jealoufies  betwixt  An,  17.  C 
the  two  Houles.  l64^- 

6thly,  *  The  Obftrudtion  in  providing  for  the  V 
Defence  of  the  Kingdom,  that  we  might  be  ena- 
bled to  refift  a  foreign  Enemy,  to  fuppreis  all  Civil 
Inturre&ions :  And  what  a  prefling  Neceffity  there 
is  of  this,  the  exceeding  great  Decays  in  the  Navy, 
in  the  Forts,  in  the  Power  of  ordering  the  Militia 
of  the  Kingdom,  and  Means  of  furnifhing  them 
with  Munition,  are  fufficient  Evidences,  known  to 
none  better  than  your  Lordfhips,  and  what  Endea- 
vours we  have  ufed  to  remove  them  ;  but,  hither- 
to, without  that  Succefs  and  Concurrence  which  we 
expected':  And  where  the  Stop  hath  been,  and  up- 
on what  good  Grounds  we  may  claim  our  ownln- 
nocency  and  Faithfulnefs  in  this,  we  defire  no 
other  Witneffes  but  yourfelves. 

La/lly,  c  I  come  to  the  evil  Influences  which  have 
caufed  this  Diftemper ;  and  I  fhall  content  myfelf 
with  mentioning  thole  which  aie  mod  important. 

i.  '  I  fhall  remember  the  evil  Counfels  about 
the  King,  whereof  we  hav?  often  complained.  Dif- 
eafes  of  the  Brain  are  moft  dangerous,  becaufe  from 
thence  Senfe  and  Alotion  are  derived  to  the  whole 
Body.  The  Malignity  of  evil  Counfels  will  quick- 
ly be  infufed  into  all  Parts  of  the  State.  None  can 
doubt  but  we  have  exceedingly  laboured  under  moft 
dangerous  and  mifchievous  Counfels,  This  evil  In- 
fluence hath  been  the  Caufe  of  the  Preparation  ot 
War  with  Scotland;  of  the  procuring  a  Rebellion 
\nlreland;  of  corrupting  Religion;  fupprefling  the 
Liberty  of  this  Kingdom ;  and  of  many  fearful  and 
horrid  Attempts  to  the  fubverting,  the  very  Being  of 
Parliaments,  which  was  the  only  hopeful  Means  of 
oppoiing  and  preventing  all  the  red  ;  and  this  doth 
appear  to  be  a  moft  predominant  Evil  of  the  Time, 
whereat  we  need  not  wonder,  when  we  confider 
how  Counfellors  have  been  preferred  and  prepared  . 
And  I  appeal  to  your  Lordfhips  own  Conferences, 
whether  the  giving  and  countenancing  of  evil  Coun- 
fel  hath  not  been,  almoft,  the  only  Way  to  Favour 
and  Advancement. 

Q.3  2.  The 


246     T:he  Parliamentary  HISTORY 

2.  '  The  Difcouragement  of  goodCounfel.  Di- 
vers honeft  and  approved  Counfellors  have  been  put 
from  their  Places ;  others  fo  difcountenanced,  as 
that  the  Way  of  Favour  hath  been  fhut  againil 
them,  and  that  of  Danger  and  Deitrudtion  only 
open  to  them. 

3.  '  The  great  Power  that  an  interefted  and  fac- 
tious Party  hath  in  the  Parliament,  by  the  Conti- 
nuance of  the  Votes  of  the  Bifhops  and  Popifh 
Lords  in  your  Lordfhips  Houfe  ;  and  the  taking  in 
of  others,  both  out  of  the  Houfe  of  Commons,  and 
otherwife,  to  increafe  their  Strength. 

4.  '  The  fomenting  and  cheriihing  of  a  malig- 
nant Party  throughout  the  whole  Kingdom. 

5.  '  The  manifold  Jealoufies  betwixt  the  King, 
his  Parliament,   and  good  Subjects ;  whereby  his 
Protection  and  Favour  hath,  in  a  great  Meafure, 
been  with-held  from  them ;  their  Inclination  and 
Refolution  to  ferve  and  aflift  him,  hath  been  very 
much  hindered  and  interrupted  j  we  have  often  fuf- 
fered  under  the  Mifmterpretation  of  good  Actions, 
and  falfe  Imputation  of  evil  ones  which  we  never 
intended  :  So  that  we  may  juftly  purge  ourfelves 
from  all  Guilt  of  being  Authors  of  this  Jealoufy 
and  Mifunderftanding.     We  have  been  and  are  ftill 
ready  to  ferve  his  Majefty  with  our  Lives  and  For- 
tunes, with  as  much  Chearfulnefs  and  Earneftnefs 
of  Affection  as  ever  any  Subjects  were  ;  and  we 
doubt  not  but  our  Proceedings  will  fo  manifeft  this, 
that  we  fhall  be  as  clear  in  the  Apprehenfion  of 
the  World,  as  we  are  in  the  Teftimony  of  our 
own  Confciences. 

'  I  am  now  come  to  a  Conclufion  ;  and  I  have 
nothing  to  propound  to  your  Lordfhips  by  way  of 
Requeft  or  Defire  from  the  Houfe  of  Commons. 
I  doubt  not  but  your  Judgments  will  tell  you  what 
is  to  be  done  :  Your  Confciences,  your  Honours, 
your  Interefts,  will  call  upon  you  for  the  doing  of  it. 
The  Commons  will  be  glad  to  have  your  Concur- 
rence and  Help  in  faving  of  the  Kingdom  ;  but  if 
they  fail  of  it,  it  mould  not  difcourage  them  in  do- 
ing their  Duty.  And  whether  the  Kingdom  be 

loft 


Of    E  N  G  L  A  N  D.       247 

loft  or  faved,  (but  I  hope,  thro'  God's  Bleffing,  it  An.  17 
will  be  faved)  they  (hall  be  forry  that  the  Story  of 
this  prefent  Parliament  fhould  tell  Pofterity,  That, 
in  fo  great  a  Danger  and  Extremity,  the  Houfe  of 
Commons  fhould  be  enforced  to  fave  the  Kingdom 
alone,  and  that  the  Houfe  of  Peers  fhould  have  no 
Part  in  the  Honour  of  the  Prefervation  of  it ;  you 
having  fo  great  an  Intereft  in  the  good  Succefs  of 
thofe  Endeavours,  in  refpect  of  your  great  Eftates 
and  high  Degrees  of  Nobility.' 

The  foregoing  Speech  of  Mr.  Pymme's  was  foThe  Commons 
agreeable  to  the  Commons,  that  the  fame  Day  they  ^"jp}^"  for° 
ordered,  c  That  Mr.  Speaker,  in  the  Name  of  the  his  Speech;  and 
Houfe,  (hall  give  Thanks  unto  Mr.  Pymme  for  his  order  if  to  ** 
fo  well  performing  the  Service  he  was  employ'd  iri,printe  ' 
by  the  Commands  of  this  Houfe,  at  this  Confe- 
rence.  And  it  was  farther  ordered  ,That  Mr.  Pymme 
be  defired  to  put  the  Speech  he  made  at  this  Con- 
ference into  Writing,  and  to  deliver  it  into  the 
Houfe,  to  the  end  that  it  may  be  printed.' — This 
was  done  accordingly  ;  and  from  the  Edition  fo 
publifhed  by  Order  of  the  Houfe,  we  have  copied 
it :  But  the  following  Paragraph  is  added  at  the 
End  of  the  Speech  as  printed  in  Rujhwortb,  which 
we  give  upon  his  Authority. 

'  My  Lords,  confider  what  the  prefent  Necef- 
fities  and  Dangers  of  the  Commonwealth  require; 
what  the  Commons  have  Reafon  to  expedt ;  to 
what  Endeavours  and  Counfels  the  concurrent  De- 
fires  of  all  the  People  do  invite  you  :  So  that,  ap- 
plying yourfelves  to  the  Prefervation  of  the  King 
and  Kingdom,  I  may  be  bold  to  allure  you,  in  the 
Name  of  all  the  Commons  of  England,  that  you 
{hall  be  bravely  feconded.' 

Jan.  26.  The  Lord-Keeper  having  reported  the 
foregoing  Conference,  a  Motion  was  made  for  join- 
ing with  the  Houfe  of  Commons  in  petitioning  his 
Majefty  about  putting  the  Forts  and  Militia  of  the 
Kingdom  into  fafer  Hands,  C5V.  upon  the  new 
Reafons  offered  at  the  faid  Conference.  This  oc- 

cafioned 


248     The  Parliamentary  HISTORY 

£n.  17.  Car,  I-cafioned  a  long  Debate,  the  Houfe,  being  in  aCom- 
^^      '        mittee ;  and,  being  refumed,  fome  Lords  defired 
January.      tne  Houfe  might  be  adjourned,  to  which  the  Duke 
of  Richmond  anfwered,  '  Let  us  put  the  Queftion, 


JSpeech,  the  Duke  Words  pofitivcly,  but  meant  that  the  Houfe  might 
«f  *«*«««( pro- be  adjourned  as  well  for  fix  Months,  as  to  a  lime 

pofes   to  adjourn  i-      •       i       >       TT  i  •  /•    •   c  •  i 

for  fix  Months  5 not  limited  V     However,  this  not  fatisfying,  the 

Duke  withdrew  ;  when,  after  farther  Debate,  the 

Queftion  was  put,  Whether  it  {hall  be  fufficient 

Satisfaction  to  this  Houfe,   That  the  Lord  Duke 

of  Richmond  fliall  come  to  his  Place,  and  make  an 

humble  Submiilion,  as  an  Acknowledgment  that  he 

For  which  he  is  hath  offended  the  Houfe  in  fpeaking  thefe  Words 

prdeied  £  ?*•    inconfideratcly  and  unadvifedly  ;  and  that  he  had 

n  y<     no  Intention  to  have  the  Houfe  adjourned  tor  fix 

Months,  and  that  he  craves  their  Lordlhips  Pardon 

for  it  ?  It  was  refolved  in  the  Affirmative ;  againft 

which  the  fallowing  Proteft  was  entered  : 

Protsft  ;hercr         *  Tnat,  in  refpect  the  Words  fpoken  by  the 

<i^'"'  f-  Duke  of  RichtAond  tended  much  to  the  Prejudice 

*  of  the  King  and  Kingdom,  we  do  proteft  againft 

*  this  Vote,  as  not  fufficient  Punifhment  for  Words 
<;  of  that  dangerous  Confequence. 
NORTHUMBERLAND,      WHARTON. 

Lord,- Admiral.  PAGET. 

BEDFORD.  HUNSDEN. 

ESSEX.  CHANDOIS. 

PEMBROKE.  ST.  JOHN. 

SUFFOLK.  SPENCER. 

LINCOLN.  KIMBOLTON. 

LEICESTER.  BROOKE. 

WARWICK.  GREY^Werk. 

HOLLAND.  ROBERTS. 

BOLJNG BROKE.  HOWARD  de  Efciick. 

STAMFORD.  WILLOUGHBY  de  Par- 
.VAY.  ham. 

The 

n  fays,  '  The  Mot'on  for  the  Adjournment  wss 
in-  Protefting  Lords,  who  were  not  willing  the 
should  then  come  into  Debate,' 


Of    E  N  G  L  A  N  D.       249 

The  Motion  for  joining  with  the  Commons  in  An.  17.  Car.  I. 
petitioning  the  King  about  the  Forts  and  Militia, 
was  put  off  for  this  Day. 

Jan.  27.  Amongft  various  Tranfa&ions  in  the 
Houfe  of  Lords,  and  particularly  on  Irijb  Affairs, 
the  Lord  Newport  reported  to  that  Houfe  the 
Queen's  Anfvvcr  to  the  Meflage  fent  to  her,  con- 
cerning a  Report  of  a  Defi2,n  to  accufe  her  of  High  The 
Treafon,  to  this  Effeft  j  '  That  there  was  a  general  jJ 
Report  of  an  Accufation  intended  againft  her,  but 't he  C 
fhe  never  faw  any  Articles  in  Writing ;  and  having  intended  to  ae- 
ro ceitain  Author  either  for.  the  one  or  the  other,  "le  j?eroj  ***** 
fhe  gave  little  Credit  thereto;  and  much  lefs  now, 
being  allured  from  the  Houfe  of  Commons,  that 
never  any  fuch  Thing  came  into  their  Thoughts  ; 
nor  will  (he  believe  they  would  lay  an  Afperfion 
upon  her,  who  hath  ever  been  unapt  to  mifconftrue 
the  Actions  of  any  one  Perfon,  and  much  more  the 
Privileges  of  Parliament ;  and  (hall,  at  all  Times, 
wim  a  happy  Underftanding  between  the  King  and 
his  People.'  This  was  ordered  to  be  communi- 
cated to  the  Houfe  of  Commons ;  but  in  their 
Journals  is  the  following  Addition :  Upon  better 
Recolleffion  of  myfelf\  I  do  confefs  and  acknowledge 
to  have  been  mi/iaken  in  reporting  what  %vas  deli- 
vered me,  in  Difcourfe  with  fame  Member  of  the 
Houfe  of  Commons  ;  and  am  moji  heartily  furry  for 
it ;  befeeching,  with  all  Humility ',  the  Pardon  of  the 
Honourable  Houfe  of  Commons^  for  that  my  great 
Mijlake.  * 

Jan.  29.  This  Day  the  Commons  fent  up  a  Bill 
for  granting  a  Subfidy  of  Tonnage  and  Poundage, 
and  other  Sums  of  Money  payable  on  Merchan- 
dizes imported  or  exported ;  which  was  read  a  firft 
Time  by  the  Lords. 

A  Meflage  came  up  alfo  from  the  Commons, 
brought  by  Sir  Peter  Wentwortb,  Knight  of  the 
Bath,  defiring  a  Conference,  by  a  Committee  of 
both  Houfes,  at  their  Lordfhips  Convenience,  con- 
cerning 

«!  This  laft  Paragraph  is  omitted  in  Hujlaxds's  CoUeSions, 


2 50     The  Parliamentary  HISTOR  v 

An.  17.  Car.  I  cerning  the  Duke  of  Richmond* .    The  Lords  fix'd 

1641.        upon  a  prefent  Meeting;  when,  being;  returned 

c — v — —'    from  it,  the  Lord  Keeper  reported  the  Subltance 

January.         of.jt  to  thjs   Effeft  . 

'  That  Mr.  Glynne  faid,  He  was  commanded  by 
The  Commons,  ,      rjr      r      c  ^  .         ,     .     T       ,J 

at  a  Conference, tne  Houfe  of  Commons,  to  acquaint  their  Lord- 
charge  the  Duke  (hips  with  what  Information  had  been  given  to 
•fJtKfemrf  with  (],££,  about  the  faid  Duke. 

S  and  anlui        */?»  '  That  he  did  Wrlte  Unt°  the ToWn  °f  Hltbe, 

Counfellor  to  the  to  chufe  one  Captain  Wimberley  to  ferve  for  one  of 
Ku)c-  the  Barons  there  in  this  Parliament,  but  he  was  not 

chofen.  A  Letter  was  produced,  wrote  by  one  of 
the  Duke's  Officers,  faid  to  be  by  his  Grace's  Direc- 
tion, to  prove  this:  As,  alfo,  another  to  Capt.  Col- 
ling Deputy-Lieutenant,  directed  to  the  Mayor  and 
Jurats  of  Hithe^  for  the  Return  of  the  faid  Election. 
2*//y,  *  Mr.  Peard,  a  Member  of  the  Houfe  of 
Commons,  informed  that  Houfe,  That  whilft  the 
Affair  of  Mr.  Percy  and  Mr.  Jertnyn  were  before 
the  Houfe,  and  before  their  Offences  were  declared 
HighTreafon,  one  Mr.  Scroop^  the  Duke's  Steward, 
came  to  him;  and,  in  his  Mafter's  Name,  defired 
Mr.  Peard  to  forbear  to  prefs  the  Matter  concern- 
ing thofe  Gentlemen  ;  affirming,  that  it  would  be 
an  acceptable  Service,  and  would  do  him  Good. 
^Vhich  laft  \Vords  Mr.  Peard  conitrued  to  mean, 
that  the  King  and  Queen  would  take  Notice  of  it 
as  an  acceptable  Service.  This  he  would  not  lay 
pofitively,  but  he  believed  it,  <bV. 

The  third  Information  was,  '  That,  by  a  Copy 
of  a  Record,  then  in  their  Houfe,  it  did  appear  that 
the  Duke  of  Richmond  did,  on  the  26th  of  "January 
Inftant,  defire  that  the  Queftion  might  be  put  for 
the  Adjournment  of  the  Houfe  of  Lords  for  fix 
Months.' 

Upon  the  whole,  the  Houfe  of  Commons  pafled 
this  Vote,  That  they  had  fufficient  Caufe  to  ac- 
cufe  the  Duke  of  Richmond  as  one  of  the  malignant 
Party,  and  an  evil  Counfellor  to  the  King,  for 
thefe  Reafons : 

'A 

f  James  Stuart,  Duke  of  Lenox  in  Scotland,  and  Knight  of  the 
Garter,  a  near  Relation  to  the  King,  who  had  created  him.  Duka 
of  Richmond,  the  8th  of  dug-.ijl  foregoing. 


Of    E  N  G  L  A  N  D.      251 

I/?,  *  That  he  endeavoured  to  have  fuch  Mem- An.  17.  Car.  I, 
bers  chofen  as  he  mould  name  ;  and  his  Way  of       l64'- 
Menacing  afterwards  fhews  an  Intention  to  over-  ^^ ~ 
throw  the  Freedom  of  Election,  and  make  a  Party      Januai> 
in  Parliament. 

idly,  '  That  he  endeavoured  to  corrupt  the 
Members  of  the  Houfe  of  Commons  after  they 
were  elected,  even  in  Matters  of  the  higheft  Na- 
ture ;  for  Support  of  the  Delinquents  that  were  in 
QuefHon  for  endeavouring  to  bring  the  Army  up- 
on the  Parliament. 

3<//y,  '  The  Motion  made  in  the  Houfe,  if  ef- 
fected, would  certainly  be  the  Lofs  of  Ireland,  and 
hazard  the  Ruin  of  this  Kingdom  ;  there  being 
Diffractions  at  home,  and  imminent  Danger  in 
Ireland,  and  no  Way  to  help  both  but  by  Parlia- 
ment; which,  if  it  had  been  adjourned,  in  Confe- 
quence  that  neceflary  and  good  A6t,  for  the  Con- 
tinuance of  this  Parliament,  would  have  been  in- 
effectual. Upon  all  which  the  Houfe  of  Com- 
mons defire  their  Lordmips  forthwith  to  join  with 
them  to  petition  his  Majefty,  That  the  Duke  may 
not  have  any  Accefs  to  the  Perfons  or  Courts  of 
the  King  or  Queen;  and  that  he  may  be  removed 
from  all  Offices  and  Places  of  public  Truft.  And 
that  this  may  be  done  with  all  Speed,  in  regard  of 
the  great  Places  of  Truft  and  Confidence  he  now 
holds.'  s 

Mr.  Gl-jnne  concluded  with  telling  their  Lord- 
fhips,  c  That  it  was  the  Care  of  the  Houfe  of 
Commons  to  prevent  the  Evils  that  hang  over  our 
Heads  ;  and  they  can  do  no  lefs,  in  regard  to  the 
Duty  they  owe  to  the  King,  who  has  called  them 
as  his  Council ;  to  their  Country  that  hath  intrufted 
them  i  and,  laftly,  they  do  it  to  fatisfy  their  own 

Con- 

«  The  Duke  was  Lord-Warden  of  the  Cinque-Ports,  a  Privy- 
Counfellor,  &c.  This  Vote  againft  him  was  not  carried  with- 
out much  Debate  in  the  Houfe  of  Commons,  though,  on  a  Divi- 
fion  of  the  Houfe,  by  a  confiderable  Majority  j  223  againft  123. 

jfourn.  Com, 

Lord  Clarendon,  in  his  Account  of  this  Proceeding,  fays,  '  That 
Tiot  Half  of  the  Houfe  were  prefent ;  which  appears  to  be  a  Aljf- 
uke,  by  the  Authority  above-mentioned, 


252     lie  Parliamentary  HISTORY 

An.  17.  Car,  l.Cqnfciences.   They  fay  they  faw  the  Stone  that  hit 

.   ^4I'         them,  but  could  not  difcover  the  Arm  that  threw  it. 

laJujaT"^    They  fay  they  wafli  their  Hands  of  the  ill  Confe- 

quences  of  thefe  Things,  and  lay  it  at  their  Lord- 

fhips  Door.' 

This  Report  being  ended,  the  Duke  of  Rich- 
mond flood  up,  and  made  it  his  humble  Defire, 
*  That  he  might  have  a  Copy  of  the  Heads  of  this 
Information  againft  him ;  and  that  he  be  allowed 
ibme  fhort  Time  to  give  in  his  Anfwer.'  The 
Lords  agreed  to  this,  and  ordered  Monday  next, 
*•  the  3ift  Inftant,  for  that  Purpofe.  Accordingly, 

On  that  Day,  the  Duke  of  Richmond  brought 
in  his  Anfwer  to  the  Charge  againft  him  from  the 
Commons,  which  his  Grace,  ftanding  in  his  Place, 
read  in  thefe  Words : 

My  Lords, 
The  Duke's      <  T  Take  it  this  Vote  of  the  Houfe  of  Commons, 

ownDefence3          A     which  to  me  muft  Prove  Vei7  heav7  if  it:  %ht 
upon  me,  is  grounded  on  thefe  three  Reafons.' 

Ihen  his  Grace  repeated  the  Sulftance  of  the  three 
Articles  brought  by  the  Commons  againft  him  -y 
and  proceeded  thus : 

e  Upon  thefe  three  Reafons  the  Houfe  of  Com- 
mons have  deilred  your  Lordmips  to  join  with  them 
in  petitioning  his  Majefty,  That  I  might  not  have 
any  Accefb  to  the  Perfons  or  Courts  ,of  the  King 
and  Queen,  &c.  This  is  the  Charge. 

'  Though  thefe  Requefts,  if  put  in  Execution, 
would  much  afflict  me;  yet  the  Senfe  of  the  Houfe 
of  Commons,  and  their  ill  Opinion  of  me,  \vhich 
I judse  by  their  Vote,  is  a  greater  Crofs  than  any 
that  hath  yet  befallen  me  :  But  i  have  this  Com- 
fort, that  as  the  Houfe  of  Commons  have  pafled 
this  Vote,  and  made  thefe  Requefts  againft  me, 
without  hearing  my  Defence;  fo  that,  when  your 
Lordfhipsfhall  hearmy  clear  and  ingenuousAnfwer, 
you,  I  hope,  will  be  fo  far  from  joining  with  them 

in 


Of    ENGLAND.     253 

in  any  fuch  Requeft  to  his  Majefty,  that  I  {hall  pre-  An.  17.  Car.  I, 

fume  to  be  an  humble  Suitor  to  your  Lordihips  to 

clear  my  Innocence  to  the  Houle  of  Commons ;    ^januIrT*' 

and  to  fet  me  right  in  their  good  Opinion,  which 

I  much  defire  ;  who,  I  doubt  not,  are  fo  juft  as  to 

acquit  or  condemn,  according  as  the  Caufe  (hall 

appear  unto  them. 

'  And  to  your  Lordftiips  I  affirm,  by  all  that 
may  procure  Belief,  that  I  did  never  malign  the 
Profperity  and  Happinefs  of  the  King,  Kingdom, 
or  Parliament;  my  Intereft  in  all  may  be  fome 
Perfuafion  to  juftify  what  I  fay  ;  nor  did  I  give  the 
King,  my  Mafter,any  Counfel  whatever,  but  what, 
in  my  own  Heart,  I  conceived  to  tend  to  the  Ad- 
vancement of  his  Honour,  and  Maintenance  of 
the  Public  Good  of  the  Kingdom  ;  the  Union  of 
the  King  and  his  People  each  to  the  other,  and  a 
right  Underftanding  and  Correfpondence  between 
him  and  his  Parliament ;  and,  from  my  Heart,  I 
cannot  but  declare  againft  any,  if  there  be  any,  of 
a  contrary  Opinion. 

'  So  far  am  I  from  a  Thought  of  Prejudice  to 
the  Kingdom  of  Ireland,  that  I  would  rejoice  as 
much  to  fee  the  Proteftants  there  fettled  in  Peace 
and  their  Poffefiions,  the  Proteftant  Religion  there 
eftablifhed,  the  Rebels  there  fupprefs'd,  and  that 
Kingdom  reduced  to  Obedience,  as  any  of  his  Ma- 
jefty's  Subjects,  and  be  as  ready  to  join  in  giving 
Afftftance  to  effect  it;  for  I  crave  Leave  to  let  your 
Lordmips  know,  that  I  have,  fome  Months  fmce, 
lent  into  Ireland*  of  my  own,  thirty-nine  Barrels 
of  Powder,  one  hundred  and  twenty  Mufkets  and 
Pikes,  fixty  Corflets  and  Head-Pieces,  befidcs 
Match  and  Bullets,  both  for  great  Ordnance  and 
Mufkets,  toColmore  Caftle,  for  the  Defence  of  that, 
Londonderry,  and  the  Country  about  it ;  and  I  left 
200  /.  Sterling  in  my  Agent's  Hanch,  for  defraying 
the  Charge  of  traniporttng  thofe  Things. 

'  But  to  apply  myfelf  to  the  particular  Reafons 
of  the  Charge  againft  me  ;  it  refts  upon  the  Truth 
of  the  Fact,  and  your  Lordlhips  Judgment  of  it, 

either 


254     7#*  Parliamentary  HISTORY 

An.  17.  Car.  I.  either  to  acquit  or  condemn  me,  which  I  {hail 
l6*1'  wholly  fubmit  to. 

'  I  muft  crave  your  Lordfhips  Pardon  for  giving 
any  Anfvver  at  all  to  the  third  Reafon,  touching 
what  pafied  from  me  in  this  Houfe  ;  as  well  in  re- 
fpect  of  the  Privilege  of  this  Houfe,  where  Things 
of  that  Nature,  as  1  conceive,  are  to  be  queftioned  ; 
as  for  that  your  Lordfliips  have  already  taken  the 
fame  into  your  Confideration,  and  I  have  under- 
gone and  perform'd  your  Lordfhips  Cenfure  there- 
on, before  this  Accufation.  I  know  it  will  not 
feem  juft  to  your  Lordfhips,  that  I  mould  be  in  a 
worfe  Cafe  than  any  other  Subject,  to  receive  a 
double  Punifhment  for  one  and  the  fame  Offence ; 
and  I  know  your  Lord  (hips  cannot  but  conceive  it 
to  be  of  more  than  ordi/iary  Confequence  in  the 
Precedent. 

«  For  the  other,  I  {hall  give  your  Lordfhips  a  di- 
ftinct  Anfwer.  I  muft  beg  your  Leave  to  deny 
fome  Things  which  have  been  charged  upon  me ; 
but  fhall  ingenuoufly  confefs  whatfoever  I  know  to 
be  a  Truth,  touching  thofe  Things,  how  prejudi- 
cial foever  it  may  prove  to  me  ;  and  rely  more  up- 
on jny  own  Innocence,  than  to  defend  myfelf  by 
denying  a  Truth,  or  defending  what  is  not  fo. 

'  Magnet  eft  Veritas  &  prevalebit.  I  wiih  it  may 
do  fo  in  what  concerns  me.  Regnet  Jujiitia  & 
mat  Cesium* 

4 1  conceive  the  Proof  for  the  firft  Reafon,  indu- 
cing the  Houfe  of  Commons  to  believe  an  Intention 
in  me  to  overthrow  the  Freedom  of  Election,  and 
make  a  Party  in  Parliament,  is  upon  the  Informa- 
tion of  Sir  Henry  Hayman,  That  I  did  write  to  the 
Town  of  Hitbe  to  chuie  one  Captain  WtnAfrley^ 
to  ferve  for  one  of  the  Barons  there,  in  this  prefent 
Parliament;  but  he  was  not  elected.  The  Gentleman 
that  gave  the  Information  I  do  not  know  ;  but  it  is 
true  in  this  ;  and  if  it  be  an  Offence,  I  mall  be  fo  far 
my  own  Accufer,  that  I  have  here  brought  a  true 
Copy  of  that  Letter  which  I  fent  to  that  Port,  with 
a  Witnefs,  who  is  without,  to  atteft  it.  Other  Re- 
commendation 


Of    E  N  G  L  A  N  D.       255 

commendation,  than  by  that  Letter  only,  I  never  An.  i-.  Car.  1, 
made  to  that  Town  ;  but  I  was  fo  far,  before  this        »M« 
Accufation,  from  thinking  it  an  Offence  that,  I  '^•'•"V— ••J 
confefs  to  your  Lordfhips,  I  wrote  the  like  Letter      January« 
to  other  Places,  within  the  Jurifdiction  of  the  Ports; 
and  I  was  informed  that  the  Warden  of  the  Cinque 
Ports  had,  in  all  Times,  done  the  like.     But  this 
being  no  more  than  a  bare  Recommendation,  their 
Choice  was  left  free ;  and  in  fome  of  thofe  Places 
my  Requeft  prevented,  in  fome  not :  But  I  had  ne- 
ver fo  much  as  a  Thought  of  111  againft  any  who 
gave  his  Vote  againft  the  Party  recommended  ;  and 
will  hazard  my  Honour  and  Fortune,  that  no  Man 
can  affirm  that  I  ever  gave  them  the  leaft  Check 
upon  this  Occafion. 

'  For  the  Copy  of  the  Letter  written  by  Captain 
Collins,  fuggefted  to  be  one  of  my  Officers,  and  fig- 
nified  to  be  by  my  Directions ;  I  confefs  that  Cap- 
tain was  Deputy  of  the  Lieutenancy  of  Dover- 
Caflle^  which  is  under  my  Command ;  but  whether 
the  Captain  wrote  fuch  a  Letter  to  the  Port  of 
Hitke,  I  know  not ;  but  this  I  know  for  certain, 
that  my  Directions  imported  not  fo  much  ;  and  I 
hope  your  Lordfhips  will  not  think  it  juft  to  charge 
me  with  a  high  Crime,  drawing  on  fo  heavy  a  Pu- 
nimment,  for  what  an  Under-Officer  ihall  do  with- 
out my  Knowledge.  Yet,  in  this,  I  will  not  con- 
ceal one  Tittle  of  Truth  ;  for  it  is  true  I  did  write 
to  Captain  Collins,  and  fhall  fliew  your  Lordfhips 
the  very  Letter  itfelf,  which  I  have  fent  for  fmce 
your  laft  Sitting ;  and  when  I  have  told  your  Lord- 
fhips the  Occafion,  which  I  {hall  make  good  by 
Proof,  I  am  confident  you  will  find  it  far  from  a 
Crime.  It  was  this  : 

'  I  being  Warden  of  the  Cinque  Ports,  and  the 
Writ  of  Summons  of  Parliament  directed  to  me, 
I  make  Warrant  to  the  feveral  Ports,  for  Election 
of  their  Barons  ;  which,  when  done,  they  return 
them  to  me,  and  I  return  them  with  the  Writ  of 
Summons.  Now,  I  having  madeWarrants,  accord- 
ingly, to  the  Ports,  and  received  and  returned  their 
Barons  elected,  1  was  informed  from  the  Port  of 

Sand- 


256      The  Parliamentary  HISTORY 

An*  17.  Car.  I.  Sandwich,  That  fome  had  given  Voices  in  their 
1641.  Election  who  received  Alms  from  the  Town,  with 
*""r^7"~*'  fome  other  Queftions  about  Elections  in  other 
Places,  particularly  Rye,  for  which  I  was  informed 
there  was  a  Petition  in  Parliament;  and  becaufe  I 
might  be  able  to  give  an  Account  touching  all  thefe 
Elections,  if  Occafion  were,  I  wrote  to  all  the  Ports 
in  general,  to  be  certified  how  the  Elections  went  by 
the  Poll;  that  is,  to  know  how  many  Voices  went 
for  the  one,  and  how  many  for  another ;  but  for 
their  Names  I  wrote  not,  tho'  I  had  Ground  enough 
given  me  by  the  Complaint  of  Sandwich ;  and  if 
Capt.  Collins  did,  upon  this  Letter  of  mine,  I  hope 
that  fhall  not  turn  to  my  Prejudice  or  his,  finee  there 
•was  no  ill  Intent,  nor  hath  been  any  illConfequence 
from  it :  For  this  I  affirm,  confidently,  to  your 
Lordfhips,  That  not  one  Elector,  in  any  of  the 
Ports,  was  ever  menaced  or  ill  ufed  by  me,  or  my 
Direction.  I  cannot  be  difproved  in  this,  and  your 
Lordfhips  will  hardly  believe  I  wrote  to  Capt.  Col- 
lins out  of  any  Intention  of  Revenge;  when,  by  the 
fame  Letter,  I  defired  to  be  certified  of  the  Poll  in 
all  the  Ports,  as  well  where  the  Party  recommended 
by  me  was  elected,  as  where  he  was  not. 

*  This  is  the  whole  Truth,  and  my  Anfwer 
touching;  that  Bufmefs;  and  if  it  be  an  Offence  to 
write  a  Letter  to  recommend  a  Gentleman  for  an 
Election,  yet,  I  hope,  it  will  not  deferve  fo  fevcre  a 
Punifhment.  Sure  I  am  I  never  underftood  it  an 
Offence;  for,  if  I  had,  I  mould  not  have  done  it 
jnyfelf,  or  believe  it  to  be  generally  done  by  others, 
who,  T  hope,  will  never  come  in  Danger  of  Punifh- 
ment for  it.  And  now,  before  I  go  to  the  fecond 
Head,  I  defire  your  Lonjfhips  to  hear  the  Letters, 
and  the  Witnefs  upon  the  Occafion  of  them.' 

Then  the  Letter  to  the  Mayor  and  Jurats  0/*Hithe 
was  read,  with  the Ir  Anfwer  to  his  Grace,  which 
contained  much  the  fame  as  is  expreffed  in  his 
Defence;  as  did,  alfo,  the  Letter  to  Capi.  Col- 
lins, in  relation  to  the  fending  up  the  Polls  of 
all  the  Port;,  Then  the  Duke  proceeded: 


Of    E  N  G  L  A  N  D.     257 

e  Thefecond  and  only  Thing  to  be  now  anfvver- An.  17.  dr.  I, 
ed,  is,  The  endeavouring  to  corrupt  the  Members  j64i- 
of  the  Houfe  of  Commons,  after  they  were  elected,  ^— — v—  -^ 
for  Support  of  Delinquents.  The  Offence  which  January- 
is  charged,  I  am  confident  your  Lordfhips  will  not 
find  me  guilty  of;  all  the  Inftance  of  Proof  is  only 
upon  a  Meffage  pretended  to  be  delivered  to  one 
Mr.  Peard,  a  Member  of  the  Houfe  of  Commons, 
by  my  Steward,  who  is  my  Coufm,  Adrian  Scroop-^ 
and  fome  Speeches  and  Geftures  of  mine  to  Mr. 
Peard)  iome  Time  after  that  MefTage.  I  know 
your  Lordfhips  will  not  take  this  upon  an  implicit 
Faith,  that  it  is  true,  becaufe  it  is  charged  againft 
me  :  But  I  muft  crave  your  Noble  Juftice,  as  a 
free  Subject  as  well  as  a  Peer,  to  be  judged  fecun- 
dum  Probata  as  well  as  Ailegata ;  and,  notwith- 
fbnding  this  Misfortune  which  is  fallen  upon  me, 
I  hope  you  believe  I  will  not  tell  you  an  Untruth. 
I  confefs  I  fent  my  Steward  to  Mr.  Peard\  and  he 
being  one  who  has  long  been  with  me,  and  ever 
carried  himfelf  honeftly  and  like  a  Gentleman, 
gives  me  Confidence  that  he  deliver'd  no  fuch  Mef- 
fage  to  Mr.  Peard,  from  me,  as  is  charged.  I  pro- 
teft  to  your  Lordlhips,  upon  my  Honour,  that  the 
Meflage  I  fent  was  no  more  than  to  this  Effect, 
«  That  if,  in  the  Bufinefs  of  Mr.  Percy,  it  fell  in  his 

*  Way  to  do  him  any  juft  Favour,  that  I  fhould 

*  take  it  as  a  Courtefy,  and  exprefs  it  to  him  upon 
'  any  fair  Occafion.'    This  was  without  any  other 
Intimation  or  particular  Requeft  whatfoever,  and 
I  am  confident  my  Servant  delivered  it  to  him  no 
otherways ;  for  he  brought  me  a  civil  Anfwer  of 
his  Readinefs  to  do  any  Thing  he  might,  with  a 
good  Confcicnce,  which  was  as  much  as  I  defired. 
And  I  was  fo  far  from  taking  Offence,  that,  when 
I  fpoke  to  Mr.  Peard,  it  was  only  to  avow  my  Ser- 
vant, and  to  give  him  Thanks ;  and  no  fuch  Thing 
happened  as  has  been  informed  by  him. 

*  Now,  my  Lords,  Mr.  Percy  being  my  old  Ac- 
quaintance at  School;  in  our  Travels,  and  here  at 
home,  having  lived  Friends  together;  I  thought 
I  could  do  no  lefs  than  to  afk  juft  Favours  for  him 

VOL.  X.  R  in 


258     The  Parliamentary  HISTORY 

•  in  his  Diftrefs.  There  was  no  unlawful  Thing 
defired  ;  no  Bribes  offered  j  if  this  be  an  Offence, 
as  I  hope  it  is  not,  I  am  confident  it  will  not  be  fo 
heinous  as  to  draw  fo  heavy  a  Cenfure  upon  me. 

'  And  becaufe,  my  Lords,  I  would  be  quit  of 
this  great  Burthen,  I  have  caufed  Scroop  to  attend 
without  ;  and  defire  your  Lordfhips  to  examine 
him,  upon  his  Oath,  touching  the  Truth  of  the 
Meffage,  and  what  paflsd  between  Mr.  Pcard  and 
him  ;  for  I  am  guilty  of  no  Tittle  more  than  what 
I  have  confeffed  to  you.  I  know  not  what  pafTed 
in  the  Houfe  of  Commons,  or  that  Mr.  Peard  had 
ever  fpoken  in  that  Bufinefs  ;  or  if  Scroip  had  de- 
fired  him  not  to  prefs  that  Bufinefs,  or  perfuaded 
him  not  to  call  upon  it,  or  intimated  any  Thing 
of  the  King  or  the  Queen,  which  I  believe  he  did 
not,  it  was  without  any  Direction  from  me,  and 
let  him  anfwer  for  it.  But  I  rather  believe  there 
was  no  III  in  the  Meffage,  becaufe  Mr.  Peard  did 
not  then,  nor  at  any  Time  fince,  till  this  Queftion 
in  the  Houfe  of  Commons,  call  upon  him  or  me 
concerning  it. 

'  My  Lords,  I  am  no  Lawyer  nor  Orator,  but  I 
am  a  Gentleman  ;  and,  in  that  Confideration,  fo 
much  concerned  in  what  is  moved  againft  me,  as 
though  Life  or  a  total  Confifcation  may  not  be  de- 
fired,  yet  upon  the  Confequence  of  it  fo  much  of 
Honour  and  Reputation  depends,  that  I  efteem  it 
equal  to  any  of  thofe  Cenfures.  But  I  have  fo 
much  Innocence  in  me,  as  makes  me  confident 
that  I  cannot  mifcarry  by  your  Lordfhips  Judg- 
ment; and  therefore  have  adventured  to  make  my 
own  Defence,  who  beft  know  the  Truth  of  my 
own  Heart;  and  fo  I  fubmit  myfelf  and  Caufe, 
which  concerns  you  all,  to  your  Lordftiips  Judg- 

ment>>  RICHMOND. 


The  Duke  having  ended,  he  defired 
Webb,  his  Secretary,  might,  upon  Oath,  relate 
the  Occafion  of  writing  the  Letters  to  the  Port- 
Towns  ;  which  was  one  Complaint  againft  hrs 

Grace, 


Of    ENGLAND.      259 

Grace.     Then  the  Lords  fent  a  MefTage  to  the  An.  17.  Car,  I 
Commons,  '  That,  in  regard  of  their  Offer  made        l64-1- 
at  the  laft  Conference,  they  defne  that  Sir  Henry    **T~*~'~~*J 
Hayman  and  Mr.  Peard  may   come  before  the      J2nuar/« 
Lords  ;  and,  upon  Oath,teftify  what  they  know  in 
the  Bufmefs  concerning  the  Duke  of  Richmond. 

The  fame  Day  the  new  Grant  of  a  Subfidy  on  Bill  forTonnage; 
Tonnage  and  Poundage,  &c.  was  read  a  fecond  &'•  Paffed  for  * 
and  third  Time  in  the  Houfe  of  Lords,  and  pafled.  ' 

After  this  the  Lord-Keeper  inform'd  the  Houfe, 
That  he  had  received  a  Letter  from  the  King,  with 
a  Meilage  inclofed  to  both  Houfes,  which  were 
read  in  h&c  Verba  : 

CHARLES  R. 

Right  Trufty  and  Well-beloved,  we  greet  you 
well, 

OUR  TFili  and  Pleafure  is,  that  you  deliver  the 
Mejjage  enclofed,  to  be. read  in  our  Houfe  of 
Peers  before  the  Pajjlng  the  Bill  for  Tonnage  and 
Poundage,  for  which  this  Jhall  be  your  Warrant. 

Given  at  our  Court  at  Windfor  the  laft  Day 
of  January,   1641. 

c  Though  his  Majefty,  having  pafled  more  Acts  The  King's  Mrf- 
'  of  Juftice  and  Grace  in  this  Parliament  than  has  fage  thereupon, 
*  ever  been  pafled  by  any  of  his  Royal  Anceftors,  Roy'^' "Aren't  by 
might  well  expect,  from  the  Affection  and  Grati-  Commifiion. 
tude  of  his  Parliament,  to  have  received  the  Sub- 
fidy of  Tonnage  and  Poundage  for  no  lefs  a  Time 
than  it  hath  been  granted  to  any  of  his  Predecef- 
fors ;  yet,  in  regard  that,  by  a  Claufe  in  this  Bill, 
he  finds  that  his  Parliament  intends  not  to  conti- 
nue the  old  Book  of  Rates,  and  that  the  fettling 
a  new  one  muft  require  fomeTime ;  and  in  refpect 
that  otherwife  it  might  beget  an  Interruption  of 
Trade,  give  an  Advantage  to  foreign  States,  and 
leave  the  Seas  unguarded,  to  the  Danger  of  this 
Kingdom  and  Ireland  j  he  hath,  at  this  Time, 
given  a  Commiflion  for  the  pafline  of  this  prefent 
R  2  Billy 


260     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  «  Bill,  the  25th  of  March  :  Not  doubting,  but,  as 
1641.        t  foon  as  their  extraordinary  Affairs  will  permit, 


'  that  they  will  fettle  a  new  Book  of  Rates  ;  and,  by 

*  granting  this  Sublidy  in  the  ufual  Manner,  will 

*  give  a  Proof  of  their  good  Intentions,  as  they  have 

*  often  expreflcd,  and  of  which  he  is  fully  fatisfied, 
c  to  confider  no  lefs  both  his  Subftance  and  -Splen- 

*  dor,  than  their  own  Liberties  and  Intereits.' 

Act  paiTed  for  The  Commiflioners  being  ready,  and  the  Houfe 
Wg  of  Commons  come  up,  the  King's  laft  Meffage  was 
read  to  them;  after  which  the  Subfidy-Bill  had  the 
Royal  Affent,  with  another  For  a  fpeedy  Contribu- 
tion and  Loan  toiuards  the  Relief  of  his  Majejlys 
di/treQed  Subjects  of  the  Kingdom  of  Ireland. 

Mr.  Wbitlocke  writes,  '  That  the  Purport  of  this 
Bill  was,  That  every  one  that  would  bring  in  and 
adventure  Money  for  the  reducing  of  Ireland, 
fliould  have  fo  many  Acres  of  the  Irijh  Rebels 
Lands,  proportionable  to  the  Money  they  brought 
in  ;  on  which,  he  fays,  great  Sums  were  raifed  for 
that  Service.' 

The  Scots  Commiflioners  renewed  their  Requeft 
to  the  Lords,  to  have  the  Treaty  for  the  Relief  of 
Ireiand  brought  to  a  fpeedy  Clofe,  the  miferable 
Condition  of  it  ftill  increafmg  ;  on  which  fome 
more  Orders  were  made  about  it,  but  nothing  ef- 
fectual. 

The  Trial  of  the  twelve  Bifhops  again  poftpon'd 
for  four  Days. 

Farther  Proceed-  February  i.  The  Houfe  of  Lords  proceeded  in 
ings  againft  the  the  Bufmels  of  the  Duke  of  Richmond;  when 
Duke  of  *«£-Mr>  pear(i  gave  nis  Evidence,  upon  Oath,  near  in 
the  fame  Manner  as  is  before  related.  1  he  Duke, 
having  heard  this  Evidence,  denied  that  he  gave 
his  Steward,  Mr.  Scroop,  any  fuch  Directions  as 
Mr.  Peard  alledged  ;  and,  being  withdrawn,  the 
Houfe  went  into  a  Debate,  Whether  Mr.  Scroop 
ought  to  be  examined,  upon  Oath,  to  know  what 
Directions  the  Duke  gave  him  ;  becaufe,  thereby, 
he  might  accule  himfeJf.  The  Judges  Opinions 

being 


Of    E  N  G  L  A  N  D.      261 

being  afked  on  this  Queftion,  they  were  all  in  a  An.  17.  Car,  I, 
Mind,  That,  in  the  ordinary  Courts  of  Juftice,        l64*- 
Mr.  Scroop  might,  by  Law,  be  examined  on  Oarh.    '—  ~v~  — ' 

Hereupon  Mr.  Scroop  was  fvvorn  and  examined,  c  ruary* 
who  laid  *  That  the  Duke  directed  him  to  go  to 
Mr.  Peard,  and  to  defire  him,  that,  in  the  Bufmefs 
of  Mr.  Percy^  he  would,  if  it  fell  fairly  in  his 
Way,  rather  incline  to  do  good  Offices,  than  prefs 
in  Rigour;  and  that  thereby  he  might  engage  my 
Lord  Duke  to  render  him  Thanks,  and  to  return 
him  fuch  Favours  as  fell  in  his  Way  ;  but  that  he 
had  no  Directions  to  fpeak  of  any  Favours  intended 
from  the  King  or  Queen.' 

This  being  done,  the  Lords  confidering  of  theHe  '? cleared  ty 
Evidence  on  both  Sides,  the  Affair  of  the  Cinquethe 
Ports  being  dropt,  the  Queftion  was  put,  Whether 
that  Houfe  fhould  join  with  the  Commons  in  the 
Petition  againtt  the  Duke  ?  It  pafled  in  the  Ne- 
gative. 

Hereupon  the  following  Lords  entered  their  Dif- 
fent  : 

£flr/i9/"NoRTHUMBER-     Lord  CROMWELL.  Whereupon  fe- 

LAND.  LordD  ACRES. 

Earl  of  ESSEX.  Lord  WHARTON. 

Earl  of  PEMBROKE.  LordPAGET. 

Earl  of  LINCOLN.  Lord  ST.  JOHN. 

Earl  of  LEICESTER.  Lord  NORTH. 

Earl  of  WARWICK.  Lord  SPENCER. 

Earl  of  HOLLAND .  Lord  KIMBOLTON. 

Ear!  0/BoLiNGBROKE.  Lord  BROOKE. 

Earl  of  STAMFORD.  Lord  ROBERTS. 

Vifc.  SAY  &  SELE.  Lord  GREY  de  Werk. 

Vifcount  CON  WAY.  Ld.How  ARD  de  Efcrick. 

We  have  been  the  more  particular  in  our  Ac- 
count of  this  Complaint  of  the  Commons  againft 
the  Duke  of  Richmond,  in  regard  that  not  the  leaft 
Notice  is  taken  of  this  Affair  in  Rujhworth  or  Whit- 
locks : But  now  to  return  to  other  Matters. 

The  fame  Day,  Feb.  i,  the  Houfe  of  Commons 

lent  up  a  Draught  of  a  Petition  to  the  King,  con- 

R  3  cerning 


262     The  Parliamentary  HISTORY* 

An.  17.  Car.  i.cerning  the  Lord  Kimlolton  and  the  five,Members, 
1641.        in  which  was  recited  all  that  had  patted  in  that  Bu- 
*-r~ v— — ;    finefs;  and  that  they  once  again  befought  his  Ma- 
February,     jefty  to  give  Directions  that  they  might  be  inform- 
ed, in  two  Days  Time,  what  Proofs  there  were 
againft  them,  that  they  might  be  brought  to  a  legal 
Trial  j  it  being  the  undoubted  Right  and  Privilege 
of  Parliament,  that  no  Member  can  be  proceeded 
againft  without  Confent  of  the  Houfe.     To  which 
Petition  they  deflred  their  Lordfhips  Concurrence  j 
which  was  granted. 

This  Day,  alfo,  the  Commons  fent  up  a  Mef- 
fage,  to  defire  the  Lords  to  join  with  them  in  ano- 
ther Petition  to  the  King,  That  the  Forts  and  Mi- 
Jitia  of  the  Kingdom  might  be  put  into  fuch  Hands 
as  were  approved  of  by  both  Houfes  of  Parliament; 
to  defire  that  Houfe  to  lay  this  Thing  to  Heart ; 
and  to  tell  them,  that  if  they  will  not  join  with  the 
Commons,  now  that  Things  are  brought  to  the  laft 
Gafp,  then  to  defire  thofe  Lords  that  are  of  Opi- 
nion with  this  Houfe,  to  declare  themfelves,  that 
they  may  be  known  from  the  reft ;  to  proteft  them- 
felves innocent  of  whatever  Mifchief  may  fall  out ; 
and  to  tell  them  plainly,  that  they  muft  not  expecl: 
the  Commons  to  come  to  them  again  on  this  JBu- 
fmefs  x.  Laftly,  to  communicate  to  their  Lord- 
fhips an  Anfwer  which  they  had  received  from  the 
King,  on  a  Petition  of  their  own,  prefented  to 
him,  concerning  that  Affair ;  which  was  read  in 
thefe  Words : 

The  King's  An-  TJ I S  Majefty  having  ferioujly  confidered  of  the 
&1££r£*  Potion  prefented  to  him  from  the  Houfe  of 
concerning  the  Commons,  on  Wednefday  the  26^  of  lajl  Month, 
Tower,  the  returns  this  Anfwer  : 

forts,  and  Mi-  ffiat  he  was  in  good  Hope  his  gracious  Me/age  of 
the  2Oth  of  that  Month,  to  both  Houfes,  would  have 
produced  fame  fuch  Overture,  which,  by  offering  what 
is  fit  on  their  Parts  to  do,  and  ajking  what  is  proper 

for 

*  This  Paragraph  is  in  the  Commons  Journals,  but  we  do  not 
find  that  it  was  delivered,  totidetn  Ferbis>  to  the  Lords. 


Of    E  N  G  L  A  N  D,      263 

for  his  Majejly  to  grant,  might  beget  a  mutual  Cots,-  An.  17.  Car.  1, 
fidence  in  each  other.  l64*- 

Concerning  the  Tower  of  London  ;  his  Majefty  ^ — v—*-' 
did  not  expect  that  (having  preferred  a  Perfon  of  a 
knoiun  Fortune  and  unquejl  tenable  Reputation  to  that 
Trujl)  he  Jhould  be  preJJ'ed  to  remove  him,  without 
any  particular  Charge  objected  againjl  him,  and 
therefore  returns  this  Anfwer ; 

That  if,  upon  due  Examination,  any  Particular 
Jball  be  preferred  to  his  Majejly,  whereby  it  may  ap- 
pear that  his  Majefty  was  mijlaken  in  his  Opinion  of 
this  Gentleman,  and  that  he  is  unfit  for  the  Trujl 
committed  to  him,  his  Majefty  will  make  no  Scruple 
of  difcharging  him  ;  but,  otherwife,  his  Majejly  is 
obliged,  in  'Jujlice  to  himfelf,  to  preserve  his  own 
Work,  left  his  Favour  and  good  Opinion  may  prove  a 
Dijadvantage  and  Misfortune  to  his  Servants,  with- 
out any  other  Accufation ;  of  which  his  Majejly  doubts 
not  his  Houfe  of  Commons  will  be  fo  tender,  as  of  a 
Bujinefs  wherein  his  Majefty 's  Honour  is  fo  much 
concerned,  that,  if  they  find  no  material  Exception 
againjl  this  Perfon,  they  will  rather  endeavour  to  fa- 
tisfy  and  reform  the  Fears  of  other  Men,  than,  by 
complying  with  them,  prefs  his  Majejly  to  any  Refo- 
lution  which  may  fe  cm  Jo  much  to  re  fie  El  upon  his  Ho- 
nour and  Jujlice.  For  the  Forts  and  Cajlles  of  the 
Kingdom ;  his  Majefty  is  refolved  that  they  Jhall  al- 
ways be  in  fuch  Hands  (and  only  fuch)  as  the  Parlia- 
ment may  fafely  confide  in ;  but  the  Nomination  of  any 
Perfons  to  thofe  Places  (being  fo  principal  and  infepa- 
rable  a  Flower  of  his  Crown,  vejled  in  him,  and  deri- 
ved unto  him  from  his  Ancejlors,  by  the  Fundamental 
Laws  of  the  Kingdom  )he  will  referve  to  himfelf;  in  be- 
Jl owing  whereof,  as  his  Majejly  will  take  Care  that  no 
corrupt  or  Jinifter  Courfes  Jhall  prevail  with  him,  fo 
he  is  willing  to  declare,  That  he  Jliall  not  be  induced  • 
to  exprefs  that  Favour  fo  foon  to  any  Perfons  as  to  thofe 
whofe  good  Demeanor  Jhall  be  eminent  in  or  to  his  Par- 
liament j  and  if  he  now  hath,  or  Jhall  at  any  Time,  by 
Mijinf or  motion,  confer  fuch  a  Trujl  upon  an  undefer- 
v'vig  Perfon,  he  is,  and  always  ivill  be,  ready  to  leave 
him  to  the  Wifdom  and  "Jujlice  of  his  Parliament* 

For 


264     tte  Parliamentary  HISTORY 

An.  17.  Car.  I.  For  the  Militia  of  the  Kingdom  ( which ,  by  the 
l64-T-  Laiv,  is  JubjeR  to  no  Command  but  of  his  Majefty* 
C£TV~~"~">  and  of  Authority  lawfully  derived  from  him}  ;  when 
any  particular  Courje,  for  ordering  the  fame  (which 
his  Majefty  holds  very  necejjary  for  the  Peace  and  Se- 
curity of  his  Kingdom)  Jhall  be  confidered  and  digejled 
by  his  Parlia?nent,  and  props  fed  to  his  Majejly,  his 
Majejly  will  return  fuch  an  Anfwer  as  jhall  be  agree- 
able to  his  Honour,  and  the  Safety  of  his  People  ;  his 
Majejly  being  refolded  only  to  deny  thofe  Things,  the 
Granting  whereof  would  alter  theFundamentalLaws, 
endanger  the  very  Foundation  upon  which  the  public 
Happitiefs  and  Welfare  of  his  People  is  founded  and 
constituted^  and  nourijh  a  greater  and  more  dcjlruc- 
tive  Jealoufy  between  the  Crown  and  the  SubjecJ> 
than  any  of  thefe  which  would  feem  to  be  taken  away 
ty  fuc^  a  Satisfaction.  And  his  Majejly  doth  not 
doubt,  that  his  having  granted  more  than  ever  King 
hath  granted,  will  never  perfuade  his  Houfe  of  Com- 
mans  to  a/k  more  than  ever  Subjects  have  afked  ;  and 
if  they  jhall  acquaint  his  Majejly  with  the  particular 
Grounds  of  their  Doubts  and  Fears,  he  will  very  wil- 
lingly apply  Remedies  proportionable  to  thofe  Fears  ; 
for  his  Majejly  calls.  God  to  witnefs,  that  the  Prefer- 
•vation  of  the  public  Peace,  the  Law  and  the  Liberty- 
of  the  Subject  is,  and  Jhall  always  be,  as  much  his  Ma- 
iefty's  Care  and  Indujlry,  as  of  his  own  Life,  or  the 
Lives  of  his  dear  eft  Children :  And  therefore  his  Ma- 
jejly doth  conjure  his  Houfe  of  Commons,  by  alltheAcJs 
of  "Jujlice  and  Favour  they  have  received  from  him, 
this  Parliament,  by  their  Hopes  of  future  Happinefs 
in  his  Majejly  and  in  one  another,  by  their  Love  of 
Religion  and  the  Peace  of  this  Kingdom,  in  which  that 
of  Ireland  cannot  be  forgotten,  that  they  will  not  be 
tranfported,  by  Jealoufjes  and  Apprehenfions  ofpojjible 
Dangers,  to  put  themfelves  or  his  Majejly  into  real 
and  prefent  Inconveniences  ;  but  that  they  will  fpee- 
dily  purfue  the  Way  propofed  by  his  Majeftys  former 
MeJJage,  which,  in  human  Reafrtn,  is  the  only  Way  to 
compoje  the  DiflratJions  of  the  Kingdom,  and,  with 
God's  B/eJ/ing,  will  re  ft  ore  a  great  Measure  of  Feli- 
dty  tt>  King  and  People, 

This 


Of   ENGLAND.       265 

This  Anfwer  being  read,  the  Lords  took  it  into  An.  17.  Car.  I. 
Confideration,  and  then  refolved,  firft,  to  join  with        i&M- 
the  Commons  in  voting,  That  whofoever  advi-    **— "V— -* 
fed  the  King  to  give  this  Anfwer,  is  of  the  malig-      February- 
nant  Party,  and  an  Enemy  to  the  Public  Peace  Both  Houfes  de- 
and  Safety  of  the   Kingdom  :    Likewife   to  join  claretheAdvifers 
with  them  in  the  Petition,  as  defired ;  and  tefe  jjj^j 
Votes  being  communicated  to  the  other  Houfe,  mies  t 
they  returned  for  Anfwer,  That  they  received  them  dom>  &'• 
with  a  great  deal  of  Joy,  and  that  they  hoped  it 
would  be  for  the  Good  of  the  King  and  of  the 
whole  Kingdom. 

February  2.  A  Draught  of  the  above-mention- 
ed Petition  was  read  in  the  Houfe  of  Lords, 
and  agreed  to ;  and  prefented  to  the  King  this 
Day  by  two  Lords  and  four  Commoners,  in  h&c 
Verba : 

To  the  KIN  G's  Moft  Excellent  Majefty, 

The  HUMBLE  PETITION  of  the  LORDS  and 
COMMONS  aflembled  in  Parliament. 

Moft  Gracious  Sovereign, 

HTHE  prefent  Evils  and  Calamities  wherewith  your  And  petition  the 
•••  Kingdoms  are  mo  ft  miferably  intangled,  the  immi-  K'nS  again. 
nent  Dangers  which  threaten  your  Royal  Perfon  and 
all  your  People,  have  caufed  us  your  moft  faithful  and 
obedient  Subject  st  the  Lords  and  Commons  in  this  pre- 
fent Parliament,  with  Thankfulnefs  to  entertain,  and 
with  all  Earneftnefs  of  Affetlion  and  Endeavour  to 
purfue,  ths  gracious  Proportion  andDireclion  which9 
not  long  fmce,  ive  have  received  from  your  Majefty: 
And  we  have  thereupon  taken  into  our  moft  ferious 
Confideration  the  Ways  and  Means  of  fe  cur  ing  the 
Safety  of  your  Rcyal Perfon;  preferving  the  Honour 
and  Authority  of  your  Crown  ;  removing  all  ^Jealou- 
Jies  betwixt  your  Majefty  and  your  People  ;  Juppref- 
Jing  the  Rebellion  in  Ireland  ;  preventing  the  Fears 
and  Dangers  in  this  Kingdom^  and  the  mifchievous 

De- 


266     The  Parliamentary  HISTORY 

17.  Cor.  \,Defigns  ofthofe  who  are  Enemies  to  the  Peace  of  it. 
And  that  we  may^  with  more  Comfort  and  Security* 
accomplijb  our  Duties  herein^  we  mojl  humbly  befeech 
your  Majejly^  that  you  will  be  plenfed  forthwith  to 
put  the  Tower  of  London,  and  all  other  Forts  and 
the  whole  Militia  of  the  Kingdqm,  into  the  Hands  of 
fuch  Perfons  as  Jhall  be  recommended  unto  your  Ma- 
jejly  by  loth  Houfes  of  Parliament ;  which.)  they  af- 
fure  themfelves,  tvill  be  a  hopeful  Entrance  into  thofe 
CourfeS)  which ,  through  God's  Eleffing^  Jhall  be  ef- 
feflual  for  the  removing  all  Diffidence  and  Mifap- 
prehenfeon  betiuixt  your  Majejly  and  your*  People  tand 
for  ejiablifrnng  and  enlarging  the  Honour^  Greatnefs, 
and  Power  of  your  Majefty  and  Royal  Pojterity,  and 
for  the  rejloring  and  confirming  the  Peace  and  Hap- 
pinefs  of  your  loyal  Subjects  in  all  your  Dominions, 
And  to  this  our  moft  necejjary  Petition^  wet  in  all 
Humility ',  expeft  your  Majefty's  fpeedy  and  gracious 
Anfwer^  the  great  DiJlraEiions  and  Diftempers  of 
the  Kingdom  not  admitting  any  Delay. 

Sir  Edward  Dt-  The  fame  Day  the  Houfe  fell  into  a  Debate  and 
ring  expelled  Confideration  of  a  Book  compofed  and  printed  by 
"  Sir  Edward  Deri ng;  and  obferved  unto  him  divers 
Paflages  out  of  it,  which  were  laid  to  his  Charge: 
And,  after  he  had  made  his  feveral  and  refpeiStive 
Anfwers  unto  thefe  Charges,  he  was  commanded 
to  withdraw:  Then  it  was  refolved,  i.  That  a 
Book  '  of  Sir  Edward  Dering's,  intitled,  A  Col- 
lection of  Speeches  made  by  Sir  Edward  Dering, 
Knight  and  Baronet^  in  Matter  of  Religion,  is 
againft  the  Honour  and  Privilege  of  this  Houfe, 
and  fcandalous  to  this  Houfe ;  and  (hall  be  burnt, 
by  the  Hands  of  the  common  Hangman,  in  Weft- 
inlnjhr^  Cheapftde^  and  Smithjield.  2.  That  the 
faid  Sir  Edward  Dering  {hall  be  difabled  to  fit  as 
a  Member  of  this  Houfe,  during  this  Parliament ; 
and  that  a  new  Writ  fhall  iflue  for  electing  a  Knight 
to  ferve  for  the  County  of  Kent,  in  the  room  and 
place  of  Sir  Edward  Dering,  thus  difabled  j  and 

that 
\  See  before  in  this  Volume,  p.  45. 


Of    E  N  G  L  A  N  D,       267 

that  he  be  fent  to  the  Tower ,  there  to  remain  during  An.  17.  Car.  I, 
the  Pleafure  of  the  Houfe.  m  l6'- 

Sir  Edward  Dering  being  call'd  in,  and  kneeling 
at  the  Bar,  Mr.  Speaker  pronounced  this  Sentence 
againft  him  and  his  Book  accordingly. 

The  Trial  of  the  twelve  Bifhops  was,  once 
more,  put  off  to  the  8th  Inftant;  after  which  both 
Houfes  adjourned  to  the  4th,  and  ordered,  in  the 
mean  Time,  that  Committees  (hould  fit  on  Irijh 
Affairs  at  Merchant-Taylors- Hall. 

Feb.  4.  A  Commiflion  was  fent  from  the  King,  AC!  pafled  for 
to  give  the  Royal  Aflent  to  an  Act  For  the  better  levying  Sailors. 
raifeng  and  levying  of  Sailors  and  Mariners  for  the 
prefent  guarding  of  the  Seas,  &c.  which  was  done 
in  the  ufual  Form.  Some  more  Petitions,  from 
Counties,  were  read,  of  the  fame  Strain  with  the 
former;  which  is  all  of  Moment  that  was  done  in 
the  Houfe  of  Lords.  But  a  very  odd  Petition  was 
this  Day  prefented  to  the  Commons  from  feveral 
Gentlewomen,  and  Tradefmen's Wives,  in  the  City. 
On  the  laft  Day  of  fitting  thefe  Female  Zealots  had 
been  obferv'd  to  crowd  much  about  the  Door  of  the 
Houfe  of  Commons ;  and  Serjeant-Major  Skip^on* 
the  Commander  of  the  Guard,  had  applied  to  the 
Houfe  to  know  what  to  do  with  them ;  they  tel- 
ling him,  '  That  where  there  was  one  now  there 
would  be  five  hundred  the  next  Day ;  and  that  it 
was  as  good  for  them  to  die  here  as  at  home.'  The 
Houfe  advifed  him  to  fpeak  them  fair,  and  fend 
them  home  again :  But  this  Day  they  were  as  good 
as  their  Words ;  for  they  came  down  in  great  Num- 
bers and  prefented  a  Petition  to  the  Commons, 
which  was  received  and  read  ".  This  Petition  is 
mentioned  in  their  Journals ;  and  as  it  is  preferred 

in 

n>Upon  this  laft  Queftion  the  Houfe  divided.  Yeas  85,  Noes  61. 
But  he  was  «ifcharged  a  few  Days  after.  Com.  Journ. 

n  It  is  probable  the  old  jocular  Story  of  the  Door-Keeper  of  the 
Houfe  of  Commons  calling  to  a  Crowd  of  Women  in  the  Lobby, 
Ladies  fall  tack,  and  open  to  the  Right  and  Left,  that  the  Member* 
tnay  come  in,  took  its  Rife  from  this  Accident, 


268     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  in  Our  Collc&ions,  we  think  proper  to  give  it  here, 
j64I«        with  the  Anfwer  to  it,  as  it  was  printed  in  thefe 

February.        Times.    ° 

To  the  Honourable  KNIGHTS,  CITIZENS,  and 
BURGESSES  of  the  Houfe  of  Commons,  afiem- 
bled  in  Parliament, 

The  HUMBLE  PETITION  of  theGENTLEwoMEN, 
TRADESMEN'S  WIVES,  and  many  others  of  the 
FEMALE  SEX,  all  Inhabitants  of  the  City  of 
London,  and  th6  Suburbs  thereof, 

With  the  loweft  Snbmifiion  fheweth, 

Petition  to  the  J^HATwe,  with  all  thankful Humility >,  acknow- 

Ccmmons    from    /       ,    ,    .  ,  •    »  T>    -          /-.  • 

the  Tradefmen's  leaging  the  unwearied  ratfuj  Lcfre,  ana  great 
Wives,  fcv.  for  Charge,  befides  Hazard  of  Health  and  Life,  which 
Redrcfs  of  Grie-j,ow>  tjje  nofr/e  tfSorthies  of  this  honourable  and  re- 
nowned Ajjembly,  have  undergone,  for  the  Safety  both 
of  Church  and  Commonwealth,  for  a  long  Time  al- 
ready paft ;  for  which  not  only  we,  your  humble  Pe- 
titioners, and'all  well-ajfe£led  in  this  Kingdom,  but 
aljo  all  other  good  Chri/lians  are  bound  now,  and  at 
all  Times,  to  acknowledge ;  yet  notwith (landing  that- 
many  worthy  Deeds  have  been  done  by  you,  great 
Danger  'and  Fear  do  Jlill  attend  us,  and  will,  as 
long  as  Popijh  Lords,  and  fuperftitious  Bijfiops  are 
fujfered  to  have  their  Voice  in  the  Houfe  of  Peers  ; 
that  accurfed  and  abominable  Idol  of  the  Mafs  fuffered 
in  the  Kingdom  \  and  that  Arch-enemy  of  our  Pro- 
fperity  and  Reformation  lieth  in  the  Tower,  not  yet 
receiving  his  deferved  Punijhment.  p 

All  thefe,  under  Correfhon,  gives  us  great  Caufe 
to  fufpeft  that  God  is  angry  with  us;  and  to  be  the 
chief  Canfes  why  your  pious  Endeavours  for  a  further 
Reformation  proccedeth  not  with  that  Succefs  as  you 
defer  e,  and  is  mo  ft  earnejlly  prayed  for,  of  all  that 
wijh  well  to  true  Religion,  and  the  flour ijhing  Eftat& 
both  of  King  and  Kingdom  :  The  Infolencies  of  the 
Papijh  and  their  Abettors  raifeth  ajuJIFear  and  Suf- 

picion 

«  Printed  tyjobn  Wright,  at  the  Kings-Head  in  theO.y  Bailey •. 
P  Avchbilhop  Laud, 


Of    E  N  G  L  A  N  D.     269 

phi  on  of f oiving  Sedition,  and  breaking  out  into  bloody  An.  17.  Car.  I. 
Perfecntioa  in  this  Kingdom,  as  they  have  done  in  Ire-         1641. 
land  ;  the  Thoughts  of  which  fad  and  barbarous    *—     v~  -* 
Events  maketh  our  tender  Hearts  to  melt  within  us* 
forcing  us  humbly  to  petition  this  Honourable  AJfem- 
bly,  to  make  J life  Provijion  for  yourf elves  and  us,  be-  » 

fore  it  be  too  late. 

And  whereas  we,  whofe  Hearts  have  joined  chcar- 
fully  with  all  thofe  Petitions  which  have  been  exhi- 
bited unto  you,  in  theBehalfofthe  Purity  of  Religion^ 
and  the  Liberty  of  our  Hujbands  Persons  and  Eflates  ; 
recounting  ourfelves  to  have  an  Intereji  in  the  common 
Privileges  with  them,  do,  with  the  fame  Confidence^ 
aJJ'ure  ourfelves  to  find  the  fame  gracious  Acceptance 
with  you,  for  eafmg  of  thofe  Grievances,  which,  in 
regard  of  our  frail  Condition,  do  more  nearly  concern 
us,  and  do  deeply  terrify  our  Souls ;  our  domejlic  Dan- 
gers, with  which  this  Kingdom  is  fo  much  diflratled, 
efpecially  groiving  on  us  from  thofe  treacherous  and 
wicked  Attempts  which,  already,  are  fuch  as  we  find 
curfelves  to  have  as  deep  a  Share  in  as  any  others. 

We  cannot  but  tremble  at  the  very  Thoughts  of  the 
horrid  and  hideous  Fafls,  which  Modefly  forbids  us 
now  to  name,  occaftond  by  the  bloody  Wars  in  Ger- 
many and  by  his  Majejly's  late  Northern  Army. 
How  often  did  it  affright  our  Hearts,  whilft  their 
Violence  began  to  break  out  fo  furioujly  upon  the  Per- 
fons  of  thoje  ivhofe  Hufbands  or  Parents  were  not  able 
to  refcue  them  :  We  wijh  we  had  no  Caufe  to  fpeak 
of  thofe  Infolencies,  favage  Ufage,  and  unheard-of 
Rapes,  exercifed  upon  our  Sex  in  Ireland  :  And  have 
we  not  juft  Caufe  to  fear  they  will  prove  the  Fore- 
runners of  our  Ruin,  except  Almighty  God,  by  the 
Wifdom  and  Care  of  this  Parliament,  be  pleafed  to 
fuccour  us,  our  Hufbands  and  Children,  which  are 
as  dear  and  tender  to  us  as  the  Lives  and  Blood  of  our 
.  Hearts  ;  to  fee  them  murder* d  and  mangled  and  cut 
in  Pieces  before  our  Eyes  ;  to  fee  our  Children  dajtfd 
againjl  the  Stones,  and  the  Mother's  Milk,  mingled 
with  the  Infant's  Blood,  running  doivn  the  Streets  ', 
to  fee  our  Houjes  on  flaming  Fire  over  our  Heads  - 
Oh,  how  dreadful  ivould  this  be  ! 


270     The  Parliamentary  HISTORY 

i».  17.  Car.  I.  We  thought  it  Mifery  enough,  though  nothing  to 
t  *141L  *^at  we  bave  juft  Caufe  to  fear ,  but  few  Years  fence , 
P  u~v~  for  feme  of  our  Sex,  by  unjujl  Divijions  from  their 
Bojom  Comforts,  to  be  rendered,  in  a  Manner ~,  Wi- 
dows, and  their  Children  fatherlefs  ;  Hu/bands  were 
imprifoned  from  the  Society  of  their  Wives,  even  a- 
gainjt  the  Laws  of  God  and  Nature  ;  and  little  In- 
fants fuff  ere  d  in  their  Father's  Banijhments :  Thou- 
fands  of  our  dearejl  Friends  have  been  compelled  to  fyi 
from  Epifcopal  Persecutions,  into  defert  Places  among/1 
wild  Bea/fs,  there  finding  more  Favour  than  in  their 
native  Soil :  And,  in  the  Midft  of  all  their  Sorrows , 
fuch  hath  the  Pity  of  the  Prelates  been,  that  our  Cries 
could  never  enter  into  their  Ears  or  Hearts  ;  nor  yet, 
through  Multitude  of  their  Obftruftions,  could  ever 
have  Accefs  or  come  nigh  to  thofe  Royal  Mercies  of 
our  moft  gracious  Sovereign,  which  we  confidently 
hope  would  have  relieved  us. 

After  all  thefe  Prejfures  ended^  we  humbly  fignify 
that  our  prefent Fears  are,  that  unlefs  the  blood-thirjiy 
Faff  ion  of  the  Papifts  and  Prelates  be  hindered  in 
their  Defegns^  ourfelves  in  England,  #*  well  as  they  in 
Ireland,  /hall  be  expofed  to  that  Mifery  which  is 
more  intolerable  than  that  which  is  already  pajl  j  as, 
•namely,  to  the  Rage,  not  of  Men  alone,  but  of  Devils 
incarnate,  as  we  may  fo  fay,  befides  the  Thraldom  of 
our  Souls  and  Consciences  concerning  God,  which,  of 
all  Things,  are  moft  dear  unto  us. 

Now  theRemembrance  of  all  thefe  fearful  Ace  i  dents 
aforementioned,  do  ftrongly  move  us  from  the  Ex- 
ample of  the  Women  of  Tekoa,  to  fall  fubmijfively 
at  the  Feet  of  his  Majejly,  our  dread  Sovereign,  and 
cry,  Help,  O  King  !  Help  ye  the  noble  Worthies  now 
fitting  in  Parliament  !  And  we  humbly  befeech  you, 
that  you  will  be  a  Means  to  his  Majejly  and  the  Houfc 
of  Peers,  that  they  will  be  plea  fed  to  take  cur  heart- 
breaking Grievances  into  timely  Con/ideration,  and 
add  Strength  and  Encouragement  to  your  noble  En- 
deavours ;  ana'  further,  that  you  would  move  his 
Majejly  ivith  our  humble  Requefts,  that  he  would  be 
graciouJJy  pleafed,  according  to  the  Example  of  the 
good  King  Afa,  to  purge  both  the  Court  and  Kingdom 

°f 


Of    ENGLAND.     271 

of  that  great  idolatrous  Service  of  the  Mftfs,  which  An.  17.  Car.  I. 
is  tolerated  in  the  Queen's  Court;  this  Sin,  as  we  i64J- 
conceive,  is  able  to  draw  down  a  greater  Curfe  uport  '^bruaT""^ 
the  whole  Kingdom,  than  all  your  noble  and  pious  En- 
deavours can  prevent :  The  good  and  pious  King  Afa 
would  not  Jnjff~tr  Idolatry  in  his  own  Mother,  whofe 
Example  if  it  fliall  pleafe  his  Ma je fly's  gracious 
Goodnefs  to  follow,  in  putting  doiun  Popery  and  Ido- 
latry both  in  Great  and  Small,  in  the  Court  and  i>r 
the  Kingdom  throughout ;  to  fubdue  the  Papifts  and 
fheir  Abettors ;  and  by  taking  aiuay  the  Power  of  the 
Prelates ;  (whofe  Government,  by  long  and  wofut 
Experience,  we  have  found  to  be  again/I  the  Liberty 
of  our  Conscience,  the  Freedom  of  the  Gofpel,  and  the 
fincere  ProfeJJion  and  Practice  thereof)  then  Jhall  our 
Fears  be  removed:  And  we  may  expecJ  that  God  will 
four  down  his  BleJ/ings,  in  abundance,  both  upon  his 
MajeJJy  and  upon  this  Honourable  AJJembly,  and  upon 
the  whole  Land: 

For  which  your  Petitioners  fhall  pray  affec- 
tionately, &c. 

The  Reafons  of  this  Petition  follow  : 

/T  may  be  thought  Jlrange,  and  unbefeeming  our 
Sex,  to  Jhew  our f elves  by  way  of  Petition  to  this 
Hvnourable  AJfembly  :  But  the  Matter  being  rigbtfy 
conjidered  of,  the  Right  and  Inter ejl  we  have  in  the 
common  and  public  Caufe  of  the  Church,  it  will,  as 
we  conceive,  under  Correction,  be  found  a  Duty 
commanded  and  required; 

Fir  ft,  Bccaufe  Chrift  hath  pur  chafed  us  at  as  dear 
a  Rate  as  he  hath  done  Men,  and  therefore  requireth 
the  like  Obedience  for  the  fame  Mercy,  as  of  Men. 

Secondly,  Becauje  in  the  free  enjoying  of  Chrift 
in  his  own  Laws,  and  a  fiourijhing  Eftate  of  the 
Church  and  Commonwealth,  conjljleth  the  Happinefs 
of  Women  as  well  as  Men. 

Thirdly,  Becaufe  Women  are  Sharers  in  the  com- 
mon Calamities,  that  accompany  both  Church  and 
Commonwealth,  when  Opprejjion  is  exercifed  over  the 
Church  or  Kingdom  wherein  they  live ;  and  unlimited 
Fewer  given  to  the  Prelatfs,  to  exercife  Authority 


272     The  Parliamentary  HISTORY 

An.  17.  Car.  \.yuer  the  Confciences  of  Women  as  well  as  Men;  wii- 
tj^^j  ™fe  Newgate,  Smithfield,  and  other  Places  of  Per- 
F  b^ar  Jfftttton9  wherein  Women  as  well  as  Men  have  felt 
the  Smart  of  their  Fury. 

Neither  are  we  left  without  Example  in  Scripture; 
for  when  the  State  of  the  Church,  in  the  Time  of 
King  Ahafuerus,  was,  by  the  bloody  Enemies  thereof, 
fought  to  be  utterly  dejtroyed,  we  find  that  Hefter  the 
Queen  and  her  Maids  fa  fled  and  prayed;  and  that 
Hefter  petitioned  to  the  King,  in  the  Behalf  of  the 
Church ;  and  though  foe  enter  prized  this  Duty  with 
the  Hazard  of  her  own  Life,  being  contrary  to  the 
Law  to  appear  before  the  King  before  Jhe  were  fent 
for ;  yet  her  Love  of  the  Church  carried  her  through 
all  Difficulties,  to  the  Performance  of  that  Duty. 

On  which  Grounds  we  are  emboldened  to  prefent 
our  Humble  Petition  unto  this  Honourable  AJfembly, 
not  regarding  the  Reproaches  which  may  and  are,  by 
many,  caft  upon  us;  whs  do,  not  well  weighing  the 
Pre?nifes,  feoff  and  deride  our  good  Intent.  We  do 
it  not  out  'of  'any  Self-conceit.,  or  Pride  of  Heart,  as 
feeking  to  equal  ourfelves  with  Men,  either  in  Autho- 
rity or  Wifdom ;  but,  according  to  our  Places,  to  dif- 
charge  that  Duty  we  oiue  to  God,  and  the  Caufe  of 
the  Church,  as  far  as  lyeth  in  us  ;  following  herein 
the  Example  of  thofe  godly  Women,  which  have  gone, 
in  this  Duty,  before  us. 

The  Editor  of  this  Petition  tells  us,  '  That  it 
was  prefented  by  Mrs.  Ann  Stagg,  a  Gentlewoman, 
and  Brewer's  Wife,  and  many  others  with  her  of 
like  Rank  and  Quality ;  and  that,  after  fome  Time 
fpent  in  reading  of  it,  the  Houfe  fent  them  an  An- 
fwer  by  Mr.  Pymme,  which  was  performed  in  this 

Manner: Mr.  Pymme  came  to  the  Commons 

Door,  and  called  for  the  Women,  and  fpake  unto 
them  in  thefe  Words : 

Good  Women, 

Mr.  Pymme  s    e  T7*Our  Petition,  with  the  Reafons,  hath  been 
Anfwer  to  them  reacj  jn  the  fjoufe,  and  is  thankfully  ac- 

m  the  Name  of  j      r          j  •  r     c        \  \     T" 

the Houfc        cepted  of,  and  is  come  m  a  feafonable  lime. 

«  You 


Of    ENGLAND.      273 

'  You  fhall,  God  willing,  receive  from  us  all  An.  17.  Car.  I, 
the  Satisfaction  which  we  can  poffibly  give  to  your    j^jJj^J 
juft  and  lawful  Deftres.  February. 

'  We  intreat  you  therefore  to  repair  to  your 
Houfes,  and  turn  your  Petition,  which  you  have 
delivered  here,  into  Prayers  at  home  for  us  ;  for 
we  have  been,  are,  and  fhall  be,  to  our  utmoft 
Power,  ready  to  relieve  you,  your  Hufbands,  and 
Children  ;  and  to  perform  the  Truft  committed 
unto  us,  towards  God,  our  King  and  Country, 
as  becometh  faithful  Chriftians  and  loyal  Sub- 


About  this  Time  alfo  a  Petition  from  the  young 
Men,  Apprentices,  and  Seamen  ;  another  from  theOtIier 
poor  Tradefmen  and  Manufacturers  ;  and  a  third 
from  the  very  Porters  of  London^  were  prefented  to 
the  Houfe  of  Commons,  who  received  them  all 
very  gracioufly. 

February  5.  The  Earl  of  Newport  acquainted  the 
Lords,  That  his  Majefty  would  anfwer  the  Peti- 
tions of  both  Houfes,  concerning  the  Lord  Kimbol- 
ton  and  the  five  Members,  and  that  concerning  the 
Militia,  both  together. 

The  fame  Day  a  Bill,  which  had  laid  long  in  the 
Houfe  of  Lords,  For  taking  away  the  Bijkops  fates  The  Lords  pafs 
in  Parliament,  was  read  a  third  Time  ;  when,  «^*  B° 
ter  a  long  Debate,  the  Queftion  being  put,  Whe- 
ther  it  fhould  pafs  into  a  Law  f  it  was  refolved  in 
the  Affirmative  ;  only  the  Bifliops  of  Winchejler^ 
Rochejlery  and  Worcejler  diffenting. 

February  7.  The  Paffing  this  Bill  being  commu> 
nicated  to  the  Commons,  a  Meflage  was  fent  up  the 
next  Day  of  Meeting,  by  Sir  Robert  Harley,  im- 
porting, «  That  the  Houfe  of  Commons  did  much 
rejoice  in  that  clear  Concurrence  and  Correfponden- 
c.y  between  both  Houfes  ;  and  they  defired  their 
Lordmips  would  fend  fome  Lords  to  the  King, 
humbly  to  requeft,  That  he  would  be  pleafed  tef 

VOL,  X.  S 


274    The  Parliamentary  HISTORY 

An.  17.  Car.  l.crown  this  Bill  with  his  Royal  AfTent,  as  one  of 

l64J«        the  chiefeft  Means  of  giving  Satisfaction  to  Men's 

^jTr^T"''    Minds,  and  exceedingly  conducing  towards  fettling 

the  Diffractions  of  the  Kingdom  ;  which  was  the 

rather  defired  as  foon  as  poflible,  becaufe  the  Bill 

was  to  commence,   and  be  of  Force,  on  the  I5th 

of  this  Inftant  February.' 

The  Lords  agreed  alfo  to  this  Propofal,  and  or- 
dered two  of  their  Body  to  attend  the  King  for  that 
Purpofe. 

This  Day  the  Lord-Keeper  produced  a  Letter 
from  the  King,  in  which  was  inclofed  his  Majefty's 
Anfwer  to  the  two  late  Petitions  from  Parliament, 
which  the  Lords  ordered  to  be  read,  and  was  as 
follows : 

The  King's  fe-  TTJS  Majefty  bavin?  well  conftder  d  of  the  two 

cond  Anfwer  re-  f    I     ,-  i  n.-.-  r         j        i-          i       r        j 

lating  to  the  feveral  Petitions,  prejented  to  him   the  Jecond 

Forts'andMilitia,  Injtant,  from  both  Houfes  of  Parliament ;  and  be- 
ing dejirous  to  exprefs  how  willing  he  is  to  apply  a 
Remedy ,  not  only  to  your  Dangers,  but  even  to  your 
Doubts  and  Fears  ;  he  therefore,  to  that  Petition 
which  concerns  the  Forts  and  Militia  of  this  King- 
dom, returns  this  Anfwer,  That  when  he  Jhall  know 
the  Extent  of  Power,  which  is  intended  to  be  efta- 
blij}ied  in  thofe  Perfons  you  dejire  to  be  Commanders 
of  the  Militia  in  the  feveral  Counties  ;  and  like  wife 
to  what  Time  it  Jhall  be  limited  that  no  Power  /hall 
le  executed  by  his  Majefty  alone  without  the  Advice 
of  Parliament : 

Then  he  will  declare,  That  (for  the  fe  cur  ing  you 
from  all  Dangers,  or  Jealoujies  of  any)  his  Majefty 
will  be  content  to  put  in  all  the  Places  both  of  Forts 
and  Militia  in  the  feveral  Counties,  fuch  Perfons  as 
both  the  Houfes  of  Parliament  Jhall  either  approve  or 
recommend  unto  him  ;  fa  that  you  declare  before  unto 
his  Majefty  the  Names  of  the  Perfons  whom  you  ap- 
prove or  recommend',  unlefs  fuch  Perfons  Jhall  be 
named,  againft  whom  he  Jhall  have  juft  and  unque- 
ftionable  Exceptions, 

To 


r 


Of    ENGLAND.      275 

To  the  other  Petition,  concerning  the  Members  An.  17.  Car.  I, 
of  either  Houfe,  his  Majefty  return  d  this  Anfwer :        l64J- 

HAT  as  he  once  conceived  that  he  had  Ground 
enough  to  accufe  them,  fo  now  his  Majefty  Jimts  as  And  to  that  °* 
good  Caufe  wholly  to  dej'ert  any  further  Projection  of  " 
them  :  And  for  a  further  Tejtimony  of  his  Majefty's 
real  Intention  towards  all  his  loving  Subjefis^jome  of 
whom  haply  may  be  involved  in  jome  unknown  or  un- 
willing Errors  ;  for  the  better  compofing  and  fettling 
of  Fears  and  Jealoufees^  of  what  kind  foever  ;  his 
JWajeJiy  is  ready  to  grant  as  free  and  general  a  Par- 
don^  for  the  full  Contentment  of  all  his  loving  Sub- 
jetts,  as  Jhall^  by  the  Approbation  of  both  Houfes  of 
Parliament^  be  thought  convenient  for  that  Purpofe. 

To  thefe  Anfwers  his  Majefty  added,  That  be- 
ing very  much  prefs'd  by  the  States  AmbafTador^  tacernins    the 

r     j    r      n    •        *  i  •     T\         I  *  -       i    •        u   i    Queen  and  Prm- 

Jena  the  rnncejs  bis  Daughter  immediately  into  rlol-  ^  0£  Qranr,ei 

land ;  and  being  likewife  earneftly  de fired  by  his  Royal 
Confort,  the  Ohieen^  to  give  her  Majefty  Leave  to 
accompany  her  Daughter  thither ,  he  hath  thought  fit 
to  confent  to  both  Dejires  ;  and  to  make  this  his  Ma- 
jefty's  Confent ,  and  her  Majefty' s  Refolutions,  known, 
to  his  Parliament. 

Copies  of  thefe  were  fent  down  to  the  Commons. 

In  the  Afternoon  of  the  fame  Day,  the  Com- 
mons defired  a  Conference  with  the  Lords  about 
the  aforefaid  Anfwers  ;  the  Report  of  which  was, 
'  That  they  prefented  to  their  Lordlhips  an  Ordi- 
nance of  Parliament,  concerning  the  Militia,  with 
fome  Refolutions  of  their  Houfe,  about  the  Conti- 
nuance of  Power  to  be  put  to  it ;  which  was  voted 
to  continue  untill  it  was  alter'd  by  the  Advice  and 
Defires  of  both  Houfes  :  And  that  the  Power  of 
recommending  or  altering  fuch  Perfons,  as  (hall 
be  trufted  with  the  Militia,  be  on  the  fame  Foot- 
ing as  in  the  former.  ' 

The  Trial  of  the  Bifhops  was  again  put  off,  jit 
the  Defire  of  the  Commons,  for  a  Week  longer. 
S  2  There 


mons  concern 
the  Militia. 


276      The  Parliamentary  HISTORY 

An.  17.  Car.  I.      There  had  been  many  Debates  in  the  Houfe  of 
1641.         Commons  concerning  the  Militia  :  In  which  fome 
v^—" v— — J    Members  declared  theirOpinions,  That  the  Power 
of  the  Militia  was  folely  in  the  King,  and  ought  to 
be  left  to  him  ;  and  that  the  Parliament  never  did, 
Debate  in  the  nor  ougnt  to  meddle  with  the  fame.     Others  were 
Houfe  of  Com- of  Opinion,  That  the  King  had  not  this  Power  in 
nshim,  but  that  it  was  fc.lely  in  the  Parliament;  and 
that  if  the  King  refufed  to  order  the  fame  accord- 
ing to  the  Advice  of  the  Parliament,  that  then  they, 
by  Law,  might  do  it  without  him.     In  one  of  thefe 
Days  Debates,  tho'  it  is  not  faid  which,  Mr.  Wh'it- 
locke  fpoke  as  follows  s  : 

Mr.  Speaker, 

,    c  T  Have  often  heard  it  faid  in  former  Debates,  in 

Vcch  of  that'      1  o^er  Matters,  in  this  Houfe,  That  fuch  and 

Occafion.  fuch  a  Thing  was  of  as  great  Concernment  as  ever 

came  within  thefe  Walls.     I  am  fure  it  may  be 

faid  fo  of  the  Matter  of  your  prefent  Debate  :  It  is 

truly  of  the  greatcft  Concernment  that  ever  came 

within  thefe  Walls. 

'  It  highly  concerns  us  all,  and  our  Pofterity  af- 
ter us,  where  this  Power  of  the  Militia  {hall  be 
placed.  This  great  Power,  which  indeed  com- 
mands all  Men,  and  all  Things,  cannot  be  too  wa- 
rily lodged,  nor  too  ferioufly  confidered  ;  and  I  do 
heartily  wifli  that  this  great  Word,  this  new  Word, 
this  hardWord,  the  Militia,  might  never  have  come 
within  thefe  Walls  ;  but  that  this  Houfe  may  be,  as 
the  Temple  of  Janus,  ever  (hut  againft  it.  I  take 
the  Meaning  of  thofe  Gentlemen  who  introduced 
this  Word  to  be,  the  Power  of  the  Sword,  Poteftas 
Gladii,  which  is  a  great  and  neceflary  Power,  and 
properly  belonging  to  the  Magiftrate ;  Pcteftas 
Gladii  in  Facinerofos,  without  which  our  Peace  and 
Property  cannot  be  maintained. 

'  But  Poteftas  Gladii  in  Manibus  Facineroforum, 
in  the  Hands  of  Soldiers,  is  that  whereof  you  now 
debate  :  And  it  is  beft  out  of  their  Hands  5  I  hope 

it 

*  Memorial^  p.  55. 


Of     E  N  G  L  A  N  D.       277 

it  will  never  come  there.  Some  worthy  Gentle- A 
men  have  declared  their  Opinions,  that  this  Power 
of  the  Militia  is,  by  Right  and  Law,  in  the  King 
only :  Others  affirm  it  to  be  in  the  Parliament  only. 
I  crave  Leave  to  differ  from  both  thefe  Opinions.  I 
humbly  apprehend  that  this  Power  of  the  Militia  is 
neither  in  theKingonly,nor  in  the  Parliament  only; 
and  if  the  Law  hath  placed  it  any  where,  it  is  both  in 
the  King  and  Parliament,  when  they  join  together. 

'  And  it  is  a  wife  Inftitution  of  our  Law,  not 
to  fettle  this  Power  any  where  ;  but  rather  to  leave 
it  in  dubio,  or  in  Nubibus,  that  the  People  might 
be  kept  in  Ignorance  thereof,  as  a  Thing  not  fit  to 
be  known,  nor  to  be  pried  into.  It  is  the  great 
jfrcanum  Imperil,  and  the  lefs  it  is  meddled  with, 
the  lefs  Acquaintance  we  have  with  it,  the  better 
it  will  be  for  all  Sorts  of  Perfons,  both  for  King 
and  People. 

'  That  this  Power  of  the  Militia  is  not  in  the 
King  only,  appears  in  this,  that  the  Power  of  Mo- 
ney is  not  in  the  King  ;  but  it  will  be  granted  here, 
that  the  Power  of  Money  is  folely  in  this  Houfe  ; 
and  without  the  Power  of  Money  to  pay  the  Sol- 
diers, the  Power  of  the  Militia  will  be  of  little 
Force. 

*  But  if  the  Power  of  the  Militia  ftiould  be  in  the 
King,  yet  the  Power  of  Money  being  in  the  Par- 
liament, they  muft  both  agree,  or  elfe  keep  the 
Sword  in  the  Scabbard,  which  is  the  beft  Place  for  it. 

'  It  is  true  that  the  King,  by  his  Tenures,  may 
require  the  Service,  in  War,  of  thofe  that  hold  of 
him  ;  but  if  they  ftay  above  forty  Days  with  him, 
unlefs  he  gives  them  Pay,  they  will  ftay  no  longer. 

'  And  it  is  alfo  true,  as  hath  been  obferved,  that 
our  Law  looks  upon  the  King,  as  the  Jewifi  Law 
did  upon  theirs,  that,  by  his  Kingly  Office,  he  is  to 
go  in  and  out  before  the  People,  and  to  lead  them  in 
Battle  againft  their  Enemies  ;  but,  by  the  Laws  of 
the  Jews,  their  King  could  not  undertake  a  War 
abroad  without  theConfent  of  the  great  Sanhedrim. 

«  And,  by  our  Law,  as  is  declared  by  the  Statute 

I.  Edward  III.  and  by  divers  fubfequent  Statutes, 

S  3  the 


278     The  Parliamentary  HISTORY 

An.  17.  Car.  l.the  King  can  compel  no  Man  to  go  out  of  his 
Country,  but  upon  the  fudden  Coming  of  ftrange 
Enem*es  mto  tne  Realm ;  and  how  many  of  our 
Parliament  Rolls  do  record  that  the  King  advifed 
with  his  Parliament  about  his  foreign  Wars,  and 
could  not  undertake  them  without  the  Advice  and 
Supplies  of  the  Parliament  ? 

'  All  the  Power  of  the  Militia  is  exercifed  either 
in  Offence  or  Defence.  Defence  is  either  a^ainft 
the  Invafion  of  Enemies  from  abroad,  or  againft 
Infurre£tions  at  home. 

'  Againft  Infurrec~lions  at  home,  the  Sheriff  of 
every  County  hath  the  Power  of  the  Militia  in 
him;  and  if  he  be  negligent  to  fupprefs  them  with 
the  Poffe  Comitatus^  he  is  finable  for  it. 

'  Againft  Invafions  from  abroad,  every  Man  will 
be  forward  to  give  his  Affiftance ;  there  will  be  little 
Need  to  raife  Forces,  when  every  Man  will  be  rea- 
dy to  defend  himfelf,  and  to  fight  pro  Aris  &  Feds. 

*  As  to  offenfive  War  againft  a  foreign  Enemy, 
If  the  King  will  make  it  of  himfelf,  he  muft  of 
himfelf  pay  his  Army,  which  his  own  Revenue 
will  hardly  afford ;   nor  can  he  compel  any  of  his 
Subjects  to  ferve  him  in  thofe  Wars  ;  none  can, 
by  Law,  be  'prefled  to  ferve  in  that  War  but  by 
Act  of  Parliament. 

*  But  not  to  wafte  more  of  your  Time,  Sir,  I 
ihall  conclude,  that,  in  my  humble  Opinion,  the 
Power  of  the  Militia  is  neither  in  the  King  alone, 
nor  in  the  Parliament ;  but,  if  any  where,  in  the 
Eye  of  the  Law,  it  is  in  the  King  and  Parliament 
both  confen  ing  together  :  And  I  think  it  beft  that 
it  fhould  be  there  ftill. 

'  I  cannot  join  in  that  Advice  to  you,  to  fettle 
the  Militia  of  ourfelves  without  the  King;  but  ra- 
ther with  thofe  worthy  Gentlemen  who  have  mo- 
ved, that  we,  yet  again,  fhould  petition  his  Majefty 
that  the  Militia  may  be  fettled  in  fuch  Hands  as 
both  he  and  you  (hall  agree  upon  whom  you  may 
truft ;  and  who,  I  hope,  will  be  more  careful  to 
Jteep  the  Sword  fheathed  than  to  draw  it.' 


Of    E  N  G  L  A  N  D.      279 

Feb.  8.  The  next  Day,  the  Houfe  of  Lords  a-  An.  17.  Car.  I. 
greed  to  the  aforefaid  Refolutions  of  the  Commons 
about  the  Militia.  The  Earl  of  Monmouth  reported 
what  the  King  faid  concerning  the  Meflage  of  both 
Houfes,  to  him,  for  palling  the  Bill  to  take  away 
the  Bifhops  Votes,  '  That  it  was  a  Matter  of  The  King  delays 
Weight,  which  his  Majefty  would  take  into  Confi-  ^.Affem  to  ^e 

,         9      '          ,  f      ,  \     c          •  T>-  Bl11    agamft   the 

deration,  and  fend  an  Aniwer  in  convenient  Time,  uifhops  Votes. 

Order'd  that  this  be  lent  down  to  the  other  Houfe. 

In  the  Afternoon,  the  Commons  defired  another 
Conference  with  the  Lords,  which  was  reported 
back  to  that  Houfe,  '  That  the  Commons  fay,  they 
could  not  receive  the  King's  Anfwer  about  the  Bi- 
Ihops  Bill,  but  with  great  Sorrow,  little  Hope  ari- 
fing  that  it  would  pals.'  They  fay,  they  hold  a 
Delay  to  be  as  bad  as  a  Denial  j  and  feeing  the 
palling  of  this  Bill  is  a  Matter  of  that  great  Impor- 
tance, the  Vote  of  the  whole  Kingdom  being  for  it, 
as  may  appear  by  daily  Petitions  from  feveral  Parts, 
the  Houfe  of  Commons  defire  the  Lords  to  join 
with  them  in  laying  the  three  following  Reafons  for 
it  before  the  King  : 

i/?,  '  The  great  and  general  Sufferings  of  the  The  Commons 
Kingdom,  by  the  Clergy's  exercifmg  of  Secular fn"f°°ts  forhaft" 
Jurisdictions,  and  the  Bifhops  making  a  Party  in  the 
Houfe  of  Lords,  as  has  been  of  late  exprefled  from 
ieveral  Parts  ;  it  is  the  Opinion  of  Parliament  that 
there  cannot  be  Satisfaction  given  either  to  the 
People's  juft  Defires,  or  the  heavy  Grievances  they 
fuffer  under,  without  the  fpeedy  pafling  of  this  Bill. 

2^/x,  '  The  great  Content  which  the  Bill's  paf- 
fing  in  both  Houfes,  hath  given  to  all  Sorts  of 
People ;  the  Delay  whereof  by  his  Majefty  will 
exceedingly  leflen  that  Satisfaction,  and  turn  it  in- 
to great  Difcouragement. 

3^',  '  The  fpeedy  paffing  of  this  Bill,  of  fuch 
Importance,  would  be,  to  the  Lords  and  Commons, 
a  comfortable  Pledge  of  his  Majefty's  gracious  In- 
tentions to  concur  with  them  in  their  fubfequent 
Defires ;  which  they  are  preparing  to  prefent  to  his 
Majefty,  as  the  Cures  of  thofe  great  Evils  and  Mi' 
ieries  the  Kingdom  now  groans  under.' 

The 


280     The  Parliamentary  HISTORY 

An.  17.  Car.  I.      The  Lords  joined  with  the  Commons  in  prefent- 

1641.        jn£j  thefe  Reafons  to  the  King,  and  chofe  two  of 

^7^    ""'     their  Bod)  to  go  with  a  fit  Number  of  the  Com- 

:i>ary'      mons,  for  that  Purpofe.     The  Bill  for  prefling  of 

Soldiers  pafled  the  Houfe  of  Lords  this  Day  ;  and 

the  giving  the  Royal  Aflent  to  it  was  made  a  Part 

of  the  abovefaid  Meflage.  + 

The  fame  Day  Mr.  Speaker  read  a  Letter  from 
his  Majefty,  inclofing  this  Meflage  : 

The  King  com-  J^-f^  Majefty  taking  Notice  of  a  Speech,  pretend- 
plains  of  a  Paf-  /  -*•  ing,  in  the  Title,  to  have  been  delivered  by 
iage  m  Mr.  Mr.  Pymmc.  at  a  Conference,  and  printed  by  Order 

Py  vims  s  Speech.     ~    ,     *rr  •' r     * /*»  •;•;•  a-         j 

of  the  Houfe  of  Commons;  in  which  it  was  affirmed* 
That  fince  the  Stop  upon  the  Ports  againft  all  Irijh 
Papifts,  by  both  Houfes,  many  of  the  chief  Com- 
manders, now  in  the  Head  of  the  Rebels,  have  been 
fuffer'd  to  pals  by  his  Majefty's  immediate  Warrant; 
and  being  very  certain  of  having  ujed  extreme  Cau- 
tion in  the  granting  of  Pajfports  into  Ireland  ;  fa 
that  he  conceives  either  this  Paper  not  to  have  been  fo 
delivered  and  printed  as  it  pretends,  or  this  Houfe 
to  have  received  fame  Mifinformaticn  :  His  Majefty 
would  be  refolved,  whether  this  Speech  were  fo  deli- 
vered and  printed;  and,  if  it  were,  vjould  have  this 
Houfe  to  review,  upon  what  Informations  that  Parti- 
cular was  grounded;  that  either  That  may  be  found ', 
upon  Examination,  to  have  been  fnlfe,  and  both  this 
Hou/e  and  his  Majejly  injured  by  it ;  or  that  his  Ma- 
jejl ;  may  know  by  what  Means,  and  by  whofe  Fault, 
his  Authority  hath  been  fo  highly  abufed,  as  to  be  made 
to  conduce  to  the  Affiftance  of  that  Rebellion,  which 
he  fo  much  detejls  and  abhors ;  and  that  he  may  fee 
him  I  elf  fully  vindicated  from  all  Refiettions  of  the 
leajl  Sufpicion  of  that  Kind. 

Hereupon  a  Committee  was  appointed  to  confi- 
<der  of  the  King's  Meflage,  alfo  of  the  Informations 
given  to  the  Houfe  touching  this  Bufmefs,  and  what 
>vas  fit  to  be  done  thereupon. 

Feb. 


Of    E  N  G  L  AN  D.      281 

Feb.  9.  The  Commons  fent  to  the  Lords  an  Or-  An-  J7-  ^"' 
finance  concerning  the  Militia,  which  had  puffed    ^L'*—  _j 
their  Houfe  with  Amendments.     But  fome  Objec-     February, 
tions  arifing,  Whether  the  Words,  Jball  anfwer 
their  Contempt  to  the  Lords  and  Commons^  did  not 
give  a  Part  of  Judicature  to  the  Lower  Houfe,  it  was 
thought  fit  to  add  to  '  the  Lords  and  Commons'  in 
a  Parliamentary  IVay  \  which  was  agreed  to. 

Then  the  whole  was  read  in  thefe  Words  : 


<  T  T  THereas  there  has  been,  of  kte,  a 

*  V  T     dangerous  and  defperateDefign  upon 

'  Houfe  of  Commons,  which  we  have  juft  Caufe 
'  to  believe  to  be  an  Effect  of  the  bloody  Counfcls 

*  of  Papifts  and  other  ill  -affected  Perfons,  who 
'  have  already  raifed  a  Rebellion  in  the  Kingdom 
'  of  Ireland  :  And  by  reafon  of  many  Difcoveries, 
'  we  cannot  but  fear  they  will  proceed,  not  only  to 
'  fur  up  the  like  Rebellion  and  Infurreclions  in  this 
4  Kingdom  of  England^  but  alfo  to  back  them  with 
'  Forces  from  abroad  : 

'  For  the  Safety,  therefore,  of  his  Majefty's  Per- 
'  fon,  the  Parliament  and  Kingdom,  in  this  Time 

*  of  imminent  Danger  ; 

'  It  is  ordained  by  the  King,  Lords  and  Com- 

*  mons  now  in  Parliament  afiembled,  that 

*  fliall  have  Power  to  afiemble  and  call  together  all 
'  and  fingular  his  Majefty's  Subjeds  within  the 
'  County  of  ,  as  well  within  Liberties 
'  as  without,  that  are.  meet  and  fit  for  the  Wars, 
'  and  them  to  train,  exercife,  and  put  in  Readinefs, 
'  and  them,  after  their  Abilities  and  Faculties,  well 

*  and  fufficiently,  from  Time  to  Time,  to  caufe  to 
'  be  arrayed  and  weaponed,  and  to  take  the  Mufter 

*  of  them  in  Places  moft  fit  for  that  Purpofe. 

'  And  fhall  have  Pow,er  and  Au- 

'  thority,  within  the  faid  County,  to  nominate  and 
4  appoint  fuch  Perfons  of  Quality,  as  to  him  ftiall 
'  feem  meet,  to  be  his  Deputy-Lieutenants,  to  be 

*  approved  of  by  both  Houfes  of  Parliament.    And 
c  that  any  one  or  more  of  the  faid  Deputies,  fo  af- 
f  figned  and  approved  of,  {hall,  in  the  Abfence,  or 

«by 


282     The  Parliamentary  His  TO  R  Y 

An.  17.  Car.!.  <  by  the  Command  of  the  faid  ,  have 

e  power'  and  Authority  to  do  and  execute  within 
f^e  County  °f  a^  ^ucn  Powers  and 

Authorities  as  before  in  this  prefent  Ordinance 
£  contained.  And  fhall  have  Power  to  make  Co- 
'  lonels  and  Captains,  and  other  Officers,  and  to  re- 

*  move  out  of  their  Places,  and  make  others,  from 

*  Time  to  Time,  as  he  fhall  think  fit  for  that  Pur- 
c  pofe.    And  his  Deputies,  Colonels,  and 

*  Captains,  and  other  Officers,  fhall  have  further 

*  Power  and  Authority  to  lead,  conduct,  and  em- 
'  ploy  the  Perfons  aforefaid  arrayed  and  weaponed, 

*  as  well  within  the  County  of  ,  as 

*  within  any  other  Part  of  this  Realm  of  England, 
'  or  Dominion  of  Wales •,  for  the  Suppreflion  of  all 

*  Rebellions,   Infurre&ions,   and  Invafions,    that 
4  may  happen,  according  as  they,  from  Time  to 

*  Time,  fhall  receive  Directions  by  his  Majefty's 

*  Authority  fignified  unto  them  by  the  Lords  and 

*  Commons  affembled  in  Parliament. 

*  And  it  is  further  ordained,  That  fuch  Perfons 
'  as  fhall  not  obey  in  any  of  the  Premifes,  fhall  an- 

*  fwer  their  Negleft  and  Contempt  to  the  Lords 
4  and  Commons  in  a  Parliamentary  Way,  and  not 
'  otherwife,  nor  elfewhere :  And  that  every  the 
<  Powers  granted,  as  aforefaid,  fhall  continue,  un- 
'  till  it  fhall  be  otherwife  ordered  or  declared  by 

*  both  Houfes  of  Parliament,  and  no  longer. 

*  This  alfo  to  go  to  the  Dominion  of  WaUi* 

JOHN  BROWN,  Cler.  Par  I. 

The  Commons  next  proceeded  to  nominate  Per- 
fons to  be,  by  them,  recommended  to  the  King,  as 
fit  to  be  intrufted  with  the  Militia  of  the  Kingdom  ; 
wherein  they  defir'd  the  Lords  Concurrence,  which 
was  granted.  Sir  "John  Conyers  was,  again,  recom- 
mended to  the  King,  from  both  Houfes,  as  Lieu- 
tenant of  the  Tower. 

The  Nomination  of  the  Lieutenants  of  the  feve- 
ral  Counties,  in  England  and  Wales^  employed  the 
Commons  three  feveral  Days.  The  following  Lift  of 
them3extra&ed  from  their  Journals,  will  fhew  who 

were 


Of   E  N  G  L  A  N  D.      283  • 

were  at  this  Time  the  Favourites  of  that  Houfe,  and  4n. 
alfo  ferve  to  illuftrate  many  PafFages  in  the  Sequel. 


Car.  I* 


COUNTIES 

in   ENGLAND. 

Pfrkjhire, 
*~*  Bedford/hire, 

E^rl  of  Holland                Names  of  the 
XulofBtlingbnt,.         ^STte 

Buckinghamjhire, 

Lord  Paget.                           Lieutenants  of 

Cambridgejhire  and  the  7 

T       j   xr      L                         Counties, 
JLioru  J^oTthm 

Me  of  Ely,                J 

Chejhire  and  the  Coun-  ? 
tyandCityofC^/fo-  3 
Cornwall, 

Lord  Strange. 
Lord  Roberts. 

Cumberland, 

Lord  Grey  de  Werk* 

Derbyjhire, 

Earl  of  Rutland. 

Dcvonjhire,    and   the  ^ 
County  and  City  of  £ 
Exeter,                     3 

Earl  of  Bedford. 

Dorfetjhire,    and   the  1 

County  of  theTown  > 

Earl  of  Salijbury. 

00  ty 

Sir  John  Banks,  Knight, 

Me  of  Purbeck,  in  the  \ 
County  of  Dorfet,   j 

Lord  Chief  Juftice  of 
the  Common    Pleas, 
and  Conftable  of  Corfe 

Caftle. 

Durham, 

Sir  Henry  Vane,  fen. 

Effex 

Earl  of  Warwick. 

Gloucejlerjhlre,  and  the  1 
County  and  City  of  > 
Gloucefter^  3 

Hampjbire,  and  the"l 
Town  and  County  ( 
of  Southampton  and  \ 
Me  of  Wight,  J 

Hertfordjhire, 

Hereford/hire, 

Huntingdon/hire, 

Kent,  and  the  City  and  } 
County  of  Canter-  £ 
£«ry,  3 

Lancajhire, 


Lord  Chandois. 


Earl  of  Pembroke. 


Earl  of  Salijbury- 
Lord  Dacres. 
Lord  Mandevilk. 

Earl  of  Leicejler. 

Lord  Whartan. 
Earl  of  Stamford, 


Lin* 


284     The  Parliamentary  HISTORY 


and  -\ 
un-  > 
',  3 


An.  17.  Car.  l.Lincolnflnre ;  tbe  Parts  ~) 
*&Keftffo«n*xAHol  [ 

land,  and  County  of  C 
the  City  of  Lincoln ;  J 

And  for  the  Parts  of 
Lindfey, 

Mlddlefex, 

JMonmouthJhire, 

Northampton/hire , 

Nottingham/hire^   and 
theTown  andCoun 
ty  of  NotttJtgbt 

Northumberland^  the  "I 
Town  andCountyof  ( 
^NewcajUe^  and  the  \ 
Town  of  Benvicky  J 

Norfolk^nd.  theCounty? 
and  City  of  Norwich^ 

Oxford/hire, 

Rutlandjbirey 

Salop, 

Somerfetjhire^ 

The  County  and  City  ) 
of  Briftol*  J 

Stafordjhire,  and  the  J 
County  of  the  City  > 
of  Lichfield,  3 

Suffolk^ 

Surrey, 

c   fr 
SttJ/ex, 

Warwick/hire,  and  the  T 
County  of  the  City  C 
of  Coventry,  3 

Weflmoreland) 

Wiltfi'ire, 

iyorcejlerjhire^n&  the  1 
County  of  the  City  {• 
of  Worcefter^  3 

Yorkjbirti  the  Counties  "1 
of  the  City  of  r^,  ( 
and  of  the  Town  of  f 
Kingjlon  upon //"«//.  J 


Earl  of  Lincoln. 


ham. 

Earl  of  Holland, 
Lord  P/W//)  Herbert. 
Lord  S 


Earl  of  Clare. 


Earl  of  Northumberland. 


Earl 


Lord  Vifc. 
Earl  of  Exeter. 


Marquis  of  Hertford. 
Mr. 


Earl  o 


Earl  of  Suffolk. 
Earl  of  Nottingham. 
Earl  of  Northumberland. 

Lord  Brooke. 

Earl  of  Cumberland. 
Earl  of  Pembroke. 

Lord  Howard  of  Efcrick* 


Earl 


C  O  U  N- 


Of   E  N  G  L  A  N  D.     285 


COUNTIES 

in     WA  L  E  S. 
An.  17.  Car  I. 

Ifle  of  Anglefey, 

Earl  of  Northumberland.        1641. 

JBrecont 

Lord  Philip  Herbert.         *•  -v-*«J 

Cardigan, 

Earl  of  Carbery.                  February. 

Caermarthen,  and  the  J 

Town  of  Caermar-  > 
then,                           3 

Ditto. 

Caernarvon, 

Earl  of  Pembroke. 

Denbigh, 

Lord  Fielding. 

Flint, 

Ditto. 

Glamorgan, 

Lord  Phillt>  Herbert. 

Montgomery, 

Earl  of  Effix. 

Merioneth, 

Earl  of  Pembroke. 

Pembrokejhire,  and  the  J 

Town   of  Haver-  > 

Earl  of  Northumberland. 

ford-  Weft)                3 

Radnor, 

LdLittleton,Lord  Keeper 

The  fame  Day,  Feb.  9,  'Sir  William  Lewis  re- 
ported, from  the  Committee  appointed  to  confider 
the  King's  Mefiage  relating  to  Mr.  Pymme's  Speech, 
the  following  Aniwer ;  which  was  read,  and,  upon 
the  Queftion,  aflented  to  by  the  Houfe,  and  was  as 
follows  : 

«  \7"OUR  Majefty's  moft  loyal  and  faithful  Sub- The  Commons 

*  1     je<fts,  the  Commons  now  aflembled  in  Par-  Jjf^^f1" 
'  liament,  have  taken  into  their  ferious  Confidera-COnnCgrsn;ngeMr? 
'  tion  the  Mellage  received  from  your  Majefty,Pyw«e's  Speech. 
'  the  feventh  of  this  Inftant  February  ;  and  do  ac- 

*  knowledge,  that  the  Speech  therein  mentioned  to 
'  be  delivered  by  Mr.Pymme,  at  a  Conference,  was 
'  printed  by  their  Order  i  and  that  what  was  therein 

*  delivered,  was  agreeable  to  the  Senfe  of  the  Houfe: 
'  And,toucning  that  PalTage,  wherein  it  is  affirm'd, 

*  That   fence  the  Stop  upon   the  Ports   avainjl  all 
'  Irifli  Papi/h,  by  both  Houfes,  many  of  the  chief 
4  Commands*  s,  now  in  the  Head  of  the  Rebels,  have 
'  been  fuffered  to  pafs,  by  your  Majefty's  immediate 
f  Warrant,  they  prefent  your  Majefty  with  this 
'  their  humble  Anfwer : 

«  That 


286     The  Parliamentary  HISTORY 

An.  17.  Car.  I.     «  That  they  have  received  divers  Advertifements  j 

l641'        c  concerning  feveral  Perfons,  Irijh  and  other  Papifts, 

*^T^^    *  which  have  obtained  your  Majefty's  immediate 

'  Warrant  for  their  paffing  into  Ireland,  fince  the 

'  Order  of  Reftraint  of  both   Houfes ;  fome  of 

'  which,  as  they  have  been  ihform'dj  fince  their 

'  coming  into  Ireland,  have  joined  with  the  Rebels, 

*  and  been  Commanders  amongft  them ;  and  fomc 

*  others  have  been  ftayed,  and  are  yet  in  fafe  Cufto- 
c  dy ;  particularly  the  Lord  Delv\n,  and  four  other 

*  Perfons  in  his  Company,  whereof  one  is  thought 
'  to  be  a  Prieft  j  one  Colonel  Butler,  Brother  to  the 
'  Lord  Montgarrat)  now  in  Rebellion,  and   Sir 

*  George  Hamilton;  all  which  are  Papifts;  and  one 
'  other,  as  is  reported,  being  the"  Son  of  Lord  Net- 

*  teruille,  whofe  Father  and  Brother  are  both  in 

*  Rebellion  :  The  particular  Names  of  others  we 

*  have  not  yet  received ;  but  doubt  not,  upon  Ex- 

*  amination,  they  may  be  difcovered. 

'  And  your  Majeiry's  moft  faithful  Subjects  arc 

*  very  forry,  that  the  extreme  Caution  which  your 

*  Majefty  hath  ufed,  hath  been  fo  ill  feconded  with 

*  the  Diligence  and  Faithfulnefs  of  your  Minifters; 
'  and  that  your  Royal  Authority  (hould  be  fo  highly 

*  abufed ;  although,  as  it  was  exprefs'd  in  that 
'  Speech  by  Mr.  Pymme,  we  believe  it  was  by  the 

*  Procurement  of  forrte  evil  Inftruments,  too  near 
'  your   Royal   Perfon,    without    your   Majefty's 
c  Knowledge  and  Intention  :  And  we  befeech  your 

*  Majefty  to  take  fuch  Courfe,  that  not  only  your 
'  Honour  may  be  vindicated  for  the  Time  paft,  but 

*  your  Kingdom  may  be  fecured  from  the  like  Mif- 
'  chief  for  the  Time  to  come.' 

Mr.  Chancellor  of  the  Exchequer  r,  Mr.  Carew, 
Sir  Dudley  North*  and  Mr.  Strangeways^-were  ap- 
pointed to  attend  his  Majefty  with  this  Anfwer  the 
next  Day. 

Ft- 

r  Sir  John  Colepcper,  fo  appointed  about  this  Time,  when  Lord 

Falkland  was  made  Secretary  of  State. The  Reafons  for 

their  Promotion  are,  very  particularly,  mentioned  by  Lord  Clartn* 
d<mt  Vol.  I,  2vo.  p.  340, 


Of    E  N  G  L  A  N  D.      287 

Feb.  10.  The  King's  Anfwer  to  the  laft  Meffage  An.  17.  Car.  I. 
from  the  Parliament,  about  giving  the  Royal  Af-    t    *_*^ 
fent  to  the  two  Bills,  was  reported  to  the  Lor  s, 
That  one  of  them  being  of  fo  great  I height ,  and  the 
other  not  having  as  yet  been  Jeen,  either  by  his  Ma- 
jefty  or  his  Council,  he  -will  take  yet  fame  further 
Time ;  and  is  refolved  to  return  as  fpeedy  an  Anfwer 
as  the  Importance  of  the  Bitfinefs  will  permit. 

Several  more  Petitions  from  Counties,  to  the 
lame  Ptirpofe  as  thofe  before  given,  were  prefented 
and  read ;  amongft  which  there  was  a  fhort  one 
from  the  Gentry,  Miniftry,  and  Commonalty  of 
Cleveland,  in  the  County  of  York,  fo  particular  in 
its  Style,  as  to  deferve  our  Notice. 

To  the  Rt.  Hon.  the  LORDS  and  COMMONS  of 

the  Houfe  of  Parliament. 

TfiTHereas  we  know  no  other  Means,  under  God,  Pet;ti°n  from  the 
V"    to  divert  the  jujl  Judgments  which  he  hath  ex-  "  °f 

ecuted again/1  the  Church  ofthe'Laod\ceans,for  their 
Lukewarmnefs  in  Religion;  or  again/I  the  Church  of 
Thyatira,_/0r  keeping  Seducers;  nor  to  prevent  our 
imminent  Dangers,  but  by  a  mojl  neceffary  and  fpee- 
dy executing  of  the  Laws  of  God  and  the  King:  We 
do  therefore  defer e  to  certify,  that  we  are  refolved  to 
live  and  die  in  the  Faith  of  the  Protejiant  Religion^ 
knowing  no  other  Means  of  Salvation ;  and  that  we 
will  defend  it  with  our  Lives  and  Goods :  Which  that 
we  may,  with  our  Abilities,  be  encouraged  in  per- 
forming, we  Dumbly,  above  ail  Things,  defere  that 
we  may  be  fecured;  a  happy  Reformation  afforded, 
and  the  Laws  of  God  and  the  King,  without  Favour 
or  Delay,  jujlly  put  in  Execution  againft  Papifts* 
And  your  Petitioners,  &c. 

This  Petition  is  faid,  in  the  Lords  Journals^  to 
be  fubfcribed  by  feveral  hundred  Hands. 

Feb.  ii.  The  King's  Anfwer  to  the  Deflres  of 
both  Houfes,  about  the  Lieutenancy  of  the  Tower , 
was  reported  to  the  Lords,  which  was  to  this  Effect : 

Al- 


288     The  Parliamentary  HISTORY 

An.  17.  Car.  I.     ALthottgh  his  Majejly  thinks  himfelf  not  obliged  to 
•*•*  give  an  Anfwer,  in  any  Particular,  concerning 
Forts  and  Militia  of  the  Kingdom,  untill  he  Jhall 
know  the  Extent  of  the  Power  andThne,  and  to  whom 
they  Jhall  be  difpoj'ed  of;  yet,  to  J))ew  his  real  Inten- 
The  King  con-  tion  to  fatisfy  the  Fears  of  his  People,  he  is  content  to 
fcnts  to  the  Re-  accept  of  Sir  John  Conyers,  in  the  Place  of  Sir  John 
™°™^of5"Jol"lByton,  to  be  Lieutenant  of  the  Tower  ;  having  al- 
ready, at  his  earnejl  Dffire,  received  the  Surrender 
of  the  faid  Place  from  him. 

This  Anfwer  was  immediately  ordered  to  be  fent 
down  to  the  Commons. 

Feb.  12.  Nothing  material  done  in  the  Upper 
Houfe,  as  this  Day,  except  reading. another  Peti- 
tion from  the  County  of  Warwick,  againft  the  Bi- 
Ihops  Votes  in  Parliament,  &c.  Adjourned  to 

Feb.  14.  The  Lord -Keeper  acquainted  the 
Lords,  That  he  had  received  a  Commiflion  from 
the  King,  to  give  the  Royal  Aflent  to  two  Bills ; 
one  for  levying  of  Soldiers,  and  the  other  for  taking 
away  the  Bifhops  Votes  and  Seats  in  that  Houfe  ; 
and  likewife  that  he  had  received  a  Meffage  from 
his  Majefty,  which  was  to  be  read  after  the  Bills 
were  pafled.  He  then  addrefled  himfelf  to  the 
Lords  as  follows:  a 

Jlfy  Lords, 

The  Lord-Keep- «  TTT"IS  Majefty  being  very  willing  to  give  full 
'in  StheeCR0ataf "  AJ-  Satisfaction  to  all  the  juft  Defires  of  his 
Aflfnt  to  two  Subjects,  efpecially  when  they  are  tranfmitted  to 
Bills,  for  levyinghim  by  the  Reprefentative  Body  of  the  Kingdom, 

k°rfiearwavntheta"tne  Lords  and  Commons  aflembled  in  the  High 
Court  of  Parliament,  his  great  and  general  Council, 
hath  therefore  taken  into  his  ferious  Confideration 
two  Bills  of  great  Importance,  which  were  lately 
palled  by  the^Votes  of  both  Houfes ;  the  one  For 

im- 

a  This  Speech  of  the  Lord-Keeper's  is  cr-picd  from  the  Lords 
Journa/s:  It  is  alfo  printed  in  a  fmgle  Pamphlet  of  this  Time,  buC 
ill  taken,  and  very  imperfect. 


Of    E  N  G  L  A  N  D.       289 

tmpreffing  and  raifeng  of Soldiers  for  theprefentEx-Aa.  17.  Ca 
pedition  into  Ireland,  to  aid  and  relieve  the  poor  d'tf- 
trejfed  Proteftants,  who  are  there  daily  and  barba- 
roufly  butchered  and  maflacred  by  the  over-prevail- 
ing Party  of  the  bloody  Papifts ;  a  Thing  taken 
much  to  Heart  by  the  King  and  all  other  good  Men. 
In  which  Bill  there  is  contain'd  a  Claufe,  tending 
rnuch  to  the  Security  of  the  Perfons  of  the  Subjects 
of  this  Kingdom,  in  declaring,  That,  by  Law, 
ho  Man  ought  to  be  imprefs'd  nor  otherwise  com- 
pelled to  go  out  of  his  Country,  to  ferve  as  a  Sol- 
dier, without  his  own  particular  Aflent;  or  by 
common  Confent  of  Parliament,  wherein  he  is  in- 
volv'd  ;  unlefs  it  be  upon  Neceflity  of  the  fudden 
Coming^  of  ftrange  Enemies  into  the  Land,  as, 
heretofore,  it  was  ordained  by  a  Statute  made  in 
the  firft  Year  of  the  Reign  of  the  noble  King  Ed~, 
<ward  III.  or  that  he  be  thereunto  obliged  by  Te- 
nure -,  the  contrary  whereof  hath  been  pradifed  for 
many  Ages  via  Fafti. 

'  The  fecond  Bill,  much  wifhed  and  earneftly 
infifted  on,  is,  For  taking  away  the  Votes  of  Bijhops 
cut  of  the  Lords  Houfe^  and  exempting  them  from  the 
Trouble  of  other  Secular  Affairs  ;  that  fo,  being  re- 
duced to  their  firft  and  original  Inftitution,  they 
may  the  better  attend  the  gaining  of  Souls  to  Hea- 
ven, by  their  frequent  Preaching  and  other  divine 
Offices  proper  to  their  Function  ;  a  Work  much 
more  excellent  than  their  mingling  in  Temporal 
Bufinefies.  But  in  regard  his  Majefty  cannot,  with 
Conveniency,  be  prefent  to  give  the  Royal  AflenC 
to  thefe  two  Bills  in  Perfon,  he  hath  done  it  by 
Commiflion  ;  which  your  Lordfhips  and  the  Gen- 
tlemen of  the  Houfe  of  Commons  may  be  pleafed 
to  hear  read  to  your  great  Satisfaction,  and  Con- 
tent of  the  People  in  general/ 

This  being  ended,  with  the  Ceremony  of  paffing 
the  two  Bills,  the  King's  MefTage,  dated  at  Can- 
terbury, February  13,  where  he  went  to  fet  the 
Queen  on  her  Journey  to  Holland^  was  read  to 
both  Houfes  in  thefe  Words ; 

VOL.  X.  T  Though 


290     The  Parliamentary  Hi  STORY 

An.  17,  Car.  I   "fHoitgh  his  Majejly  is  affiired,  that  his  having  fo 

1641.         JL    fuddenly  pajfed  thefe  two  Bills  ,  being  of  fy  great 

^  -  v  -  -*     Importance,  and  fo  earnestly  de  fired  by  both  Houfes, 

ebruary.      —^    -£rvg  fg        ^  fa  parilament    tjjat  be  etfftrts 


.  '  ,  nothing  more  than  the  Satisfaction  of  his  Kingdom  ; 
Meflage  upon  yet  ^flt  ^e  may  furt^er  manifejl  to  bcth  Houfes  how 
tharOccafion.  impatient  he  is,  //'//  he  find  out  a  pull  Remedy  to  com- 
pofe  the  prefent  Dijlempers,  he  is  pleafed  to  Jignify, 

That  his  Majejly  will,  by  Proclamation,  require  that 
all  Statutes  made  concerning  Recufants  be,  with  all 
Care,  Diligence,  and  Severity,  put  in  Execution: 

That  his  Majefty  is  refohed,  that  the  feven  con- 
demned Priefts  /hall  be  immediately  banifhed,  if  his 
Parliament  Jhall  confent  thereunto  :  And  his  Majefly 
iv  ill  give  prefent  Order,  if  it  Jhall  be  held  fit  by  both 
Houfes,  that  a  Proclamation  ijfue  to  requirt  all  Ro~ 
mijh  Priejls,  within  twenty  Days,  to  depart  the  King- 
dom ;  and  if  any  Jhall  be  apprehended  after  that  Time, 
his  Majejly  aj/ures  bcth  Houfes,  on  the  Word  of  a 
King,  that  he  will  grant  no  Pardon  to  any  fuch,  with- 
out Confent  of  his  Parliament. 

And  becaufehis  Majejly  obferves  great  and  different 
Troubles  to  arife  in  the  Hearts  of  his  People  concern- 
ing the  Government  and  Liturgy  of  the  Church,  his 
Majejly  is  willing  to  dec/are,  That  he  will  refer  that 
•whole  Confederation  to  the  Wifdom  of  his  Parliament; 
which  he  defires  them  to  enter  into  fpeedily,  that  the 
prefent  Dijlrafticns  about  the  fame  may  be  compofed: 
But  dejires  not  to  be  prejfcd  to  any  Jingle  Aft  on  his 
.  Part,  till  the  whole  be  fo  digejled  and  fettled  by  both 
Houfes,  that  his  Majejly  ?nay  clearly  fee  what  is  Jit 
to  be  left,  as  well  as  what  is  fit  to  be  taken  away. 

For  Ireland,  in  behalf  of  which  his  Majejly's  Heart 
Heeds,  as  his  Majejly  hath  concurred  with  all  Propo- 
fitions  made  for  that  Service  by  his  Parliament,  fo  he 
is  rejclved  to  leave  nothing  undone  for  their  Relief 
which  Jhall  fall  within  his  pojfille  Power  ;  nor  will 
refuje  to  venture  his  oion  Royal  P  erf  on  in  that  War^ 
if  his  Parliament  Jhall  think  it  convenient,  for  the 
Reduflion  of  that  miferable  Kingdom. 

And,  laftly,  his  Majejly  taking  Notice,  by  fever  at 
Petitions,  of  the  great  and  general  Decay  of  Trade 


Of    E  N  G  L  A  N  D.     291 

in  this  Kingdom,  and  more  particularly  of  that  ofAa-  *7-  c*r-  ** 
Cloathing  and  new  Draperies,  concerning  which  he 
received  lately,  at  Greenwich,  a  mode/},  but  eariieji,  febuiarvs 
Petition  from  the  Clothiers  of  Suffolk ;  of  which  De- 
cay of  Trade  his  Majefty  hath  a  deep  Senfe^  bath  in  re- 
fpefl  of  the  extr  earn  If  ant  and  Poverty  it  hath  br ought 9 
and  muft  bring,  upon  many  thoufands  of  his  loving 
Subjects  j  and  of  the  Influence  it  muft  have,  in  a  very 
fhort  Time,  upon  the  very  Sub/ijience  of  this  Nation  ; 
doth  earneftly  recommend  the  Confederation  of  that 
great  and  weighty  Bujinefs  to  both  HoufcS',  promifeng 
them  that  he  will,  mcjl  readily,  concur  in  any  Rejolu- 
tion  their  IFifdoms  jhall  find  out,  which  may  conduce 
to  fo  necej/ary  a  Work. 

The  Houfe  of  Commons  being  withdrawn,  it 
was  moved  That  the  King  might  receive  Thanks 
and  Acknowledgments  for  his  Grace  and  Goodnefs 
in  paffing  the  two  Bills,  and  likewife  for  his  Mef- 
lage  ;  and  a  Committee  was  appointed  to  draw  up 
a  Form  to  that  Purpofe.  Which  being  done,  was 
read  to  the  Houfe  as  follows : 

'  The  Lords  and  Commons  aflembled  in  Parlia-For  which  both 

*  ment  do  with  much  Joy  receive,  and  with  muchH°uft£  return 
'  Thankfulnefs  acknowledge,  yourMajefty'sGrace 

*  and  Favour  in  giving  your  Royal  AfTent  to  a  Bill, 

*  intitled,y/«  Ad  for  disabling  allPerfons  in  Holy  Or- 

*  ders  to  exercife  any  Temporal  Jurifdiftion  or  Autho- 

*  rlty ;  and  alfo  your  Majefty's  Care  for  Ireland,  ex- 
«  prefled  in  the  Difpatch  of  the  Bill  far  Prejfing,  fd 

*  much  importing  the  Safety  of  that  and  this  King- 

*  dom ;  and  they  do,  with  the  like  Thankfulnefs, 
'  acknowledge  your  Majefty's  gracious  Favours, 
4  exprefled  in  the  Meflage  to  both  Houfes,  that  your 

*  Majefty  will  not  grant  any  Pardon  to  any  Romijb 

*  Prieft  without  Confent  of  Parliament.' 

This,  being  agreed  to  by  the  Lords,  was  fenC 
down  to  the  Commons,  for  their  Approbation, 
which  they  gave  to  it ;  but  defired  that  the  Ordi- 
nance of  Parliament,  touching  the  Militia,  might 
be  picfented  at  the  fame  Time.  The  Lords  de- 
T  2  murred 


292     The  Parliamentary  HISTORY 

An.  17.  Car.  i.murred  to  this  ;  and  ordered,  That  they  fliould  be 
^  1641.        prefented  feparately. 

^^ "~v— ^        The  fame  Day,  the  Commons  fent  up  an  Im- 

:bruary*     peachment  againft  Sir  Edward  Herbert,  the  King's 

Attorney-General,  for  High  Crimes  and  Mifde- 

meanors  ;  which  was  read  in  the  Houfe  of  Lords 

in  h#c  Verba : 

The  Commons  *  rTHHAT  the  faid  Sir  Edward  Herbert,  Knt.  his 
impeachment  a-  <  Majefty's  Attorney-General  fworn,  on  the 

Sfc^Genert"01" '  third  Day  °f  Januar^  in  the  Year  of  our  Lord 
'  1641,  contrary  to  his  Oath,  and  the  Duty  of  his 
'  Place,  did  falfly,  fcandaloufly,  and  malicioufly, 
'  advife,  [contrive]  frame,  and  publifli  certain  falfe, 
'  fcandalous.  [and malicious']  Articles  of  HighTrea- 
'  fon  againft  the  Lord  Kimbolton,  one  of  the  Mem- 
«  bers  of  the  Houfe  of  Peers  in  Parliament,  Denzil 
t  Holies^  Efq;  Sir  Arthur  Hafelrlgge ,  Bart.  John 
«  Pymme,  John  Hampden,  and  William  Strode, 
«  Efqrs.  being  then,  and  yet,  Members  of  the  Houfe 
«  of  Commons  in  Parliament,  which  Articles  fol- 
<  low  in  thefe  Words  : 

Here  the  Articles  are  recited^  which  we  have  be- 
fore given  at  p.  157. 

c  And  the  faid  Sir  Edward  Herbert,  the  faid  third 
'Day  of  January,  did  falfly,  unlawfully,  and  ma- 

*  licioufly,  exhibit  the  faid  Articles  into  the  Houfe 
'  of  Peers  in  Parliament,  and  caufed  the  fame  to  be 
'  entered  into  the  Clerk's  Book  of  the  faid  Houfe  ; 
'-  intending  and  endeavouring  thereby,  falfly,  un- 

*  lawfully,   and  malicioufly,    to  deprive  the  faid 

*  Houfes  of  their  faid  feveral  Members,  and  to  take 
c  away  their  Lives,  Eftates,  and  good  Names. 

'  All  which  Doings  of  the  faid  Attorney,  and 
'  every  of  them,  were,  and  are,  high  Breaches  of 
'  the  Privileges  of  Parliament,  tending  to  Sedition, 

*  and  to  the  utter  Subverfion  of  the  Fundamental 

*  Rights  and  Being  of  Parliaments,  the  Liberty  of 
4  the  Subject,  and  to  the  great  Scandal  and  Diftio- 
'  nour  of  his  Majefty  [and  his  Government ;  and 

ivere 


Of    E  N  G  L  A  N  D.      293 

were,  and  are,  contrary  to  the  Oath  of  the  fold  At- An-  *7-  Car.  I. 
tor  my-  General,  and  to  the  great  Trujl  repofed  in  him  4  * ' 

by  his  Majefty ;  and  contrary  to  the  Laws  of  this      r  bnnr  • 
Realm ;  and  a  great  Derogation  to  his  Majefty's 
Royal  Crown  and  Dignity. ,] 

*  For  which  high  Crimes  and  Mifdemeanors  the 
'  faid  Commons,  faving  to  themfelves  the  Liberty 

*  of  exhibiting  any  further  or  other  Impeachment, 
'  or  Accufation,  againft  the  faid  Sir  Edward  Her- 

*  bert,  do  impeach  him  ;  and  do  pray  that  he  may 

*  be  forthwith  put  to  anfwer  the  Premifes  in  the 
'  Prefence  of  the  Commons  j  \and  that  his  Perfon 
'  may  be  fecured].'  T 

Hereupon  the  Attorney- General  was  fent  for, 
and  {landing  in  his  Place,  as  Affiftant,  the  Charge 
was  read  to  him,  who  anfwered,  That  he  humbly 
defired  to  have  a  Copy  of  the  Impeachment,  and 
fuchTime  allowed  as  their Lordfhips  do,  in  Juftice, 
give  to  others.  The  Lords  gave  him  eight  Days  to 
bring  in  his  Anfwer ;  and  the  Earl  of  Monmouth 
offering  himfelf  as  Bail  for  his  Appearance,  he  wad 
bound  in  5000 /.  Bond  for  it. 

The  next  Day  having  been  appointed  for  the  The  Trial  of  the 
Trial  of  the  Bifhops,  another  Meffage  came  Up  twelvl  Bolft°Ps 
from  the  Commons,  That,  in  regard  of  the  many  put  °   asain' 
great  and  important  Occafions  now  depending  be- 
before  them,  they  defire  the  Trial  might  be  put 
off  till  Friday  come  Se'nnight,  and  that  they  would 
then  defire  no  further  Time.    The  Lords  agreed  to     g 
this;  but  ordered,  That,  in  regard  the  Bifhops  had 
been  fo  many  Times  put  off,  from  Day  to  Day, 
from  Trial,   and  that  many  of  them  were  aged 
Men,  they  fhould  be  bailed  ;  provided  they  found 
fuch  Security  as  the  Houfe  fhould  approve  of,  for 
their  Appearance  on  the  faid  Day,  which  was  to 
be  peremptory  on  all  Sides. 

• 

A  Packet  of  Letters  from  Lord  Digby  being  in- 
tercepted, directed  to  Secretary  Nicholas,  was  or- 
T  3  dered 

r  The  Paflages  printed  in  Italic  are  omitted  in  Rujbwwtb. 


£94     Vhe  Parliamentary  HISTORY 

n.  17.  Car.  I.  dered  to  be  opened ;  but  one  of  them  being  directed 
to  the  Queen,  the  Lords  dlfputed  the  Opening  of 
it,  and  lent  to  know  the  Opinion  of  the  Houfe  of 
Commons  about  it.  They  returned  for  Anfwer, 
Lord  Dlgby's  That  they  had  voted  it  fhould  be  opened ;  on  which 
Letters  to  the  the  Lords,  conceiving  this  Affair  to  be  a  Thing  of 
fentef''in"  great  Conference,  defired  a  Conference;  the  Re- 
port of  which  was,  *  That  the  Commons  faid, 
They  faw  no  Reafon  to  alter  iheirVote,  j.  Becaufe 
it  concerned  the  Safety  of  the  Kingdom  ;  for,  by 
this  Means,  the  evil  Spirit  and  Counfels  of  the  Lord 
J)igby  might  be  difcover'd  and  prevented.  2.  If  this 
Letter  fliould  be  delivered  to  the  Queen  unopened, 
the  Parliament  would  be  put  to  a  deal  of  Trouble  to 
difcover  what  is  preferred  to  her  Majefty-in  thefe 
Letters.  3.  Since,  of  late,  they  had  very  good  Rea- 
fon to  fufpect  the  Lord  Digby  as  an  ill  Inftrument, 
they  conceived  they  ought  not  to  lofe  fo  happy  an 
Occafion  offered  to  do  the  State  Service ;  which,  if 
neglecled,  they  fhould  not  be  able  to  anfwer.'  On 
this  a  great  Debate  arofe  in  the  Lords,  but,  at  laft, 
it  was  ordered,  That. the  Letter  fhould  be  opened. 

Several  Matters  happened  in  Parliament,  during 
this  Time,  about  the  Magazine  at  Hull;  which 
we  purpofely  omit  till  we  come  to  the  Cataftrophe 
of  that  Bufmefs. 

„,   T     ,    ,   ..      Feb.iz.  This  Day  the  twelve  Bifhops  appeared 

I  j}e  Leras  acimit         i       r>  r     u     u      r       c  T        i  i  11 

the  Biihops  tp    at  t"6  Bar  of  the  Houfe  of  Lords,   and  were  all 

Bail,  bailed  ;  their  Sureties  anfwering,  Body  for  Body, 

*    for  their  Appearance.     Nothing  elfe,  of  Moment, 

tranfacled  in  the  Houfe  of  Loids:    But,  in  the 

Commons,  a  great  many  extraordinary  Refolutions 

of  a  Committee,  appointed  to  confider  how  evil 

Counfellors  might  be  found  out  and  removed  frorn 

the  King,  were  read,  for  the  Concurrence  of  the 

whole  Houfe,  viz. 

Refolutions  of       Refolved^  upon  the  Queftion,  *  That  all  Privy- 
the  Commons    Counfeljors  and  great  Officers  of  State  may  be  re- 

concerning  evil  j    r         L  r  r     i          i_          f~\c 

fcounffllofj,  Amoved,  for  the  prefent,  excepting  fuch  as  have  Of- 
fices by  Inheritance.' 


Of    ENGLAND.     295 

Refolved)  '  That  his  Majefty  mall  be  humbly  An.  17.  Car.  I. 
defired,  that  he  will  be  pleafed  to  receive  only  fuch,        l64J- 
to  be  Counfellors  and  great  Officers  of  State,  as  *<~~t'y~~~J 
fhall  be  recommended  unto1  him  by  the  humble 
Advice  of  both  Hotifcs  of  Parliament.' 

Refohed*  *  That  fuch  of  the  faid  Counfellors 
;md  great  Officers,  whofe  Names  (hall  be  preferred 
by  both  Houfes,  (hall  not  have  Accefs  to  the  Perfons 
or  Courts  of  the  King;  and  Queen's  Majefty.' 

Refohed^  *  That  Mr.  William  Murray  ^  of  the 
Bed  Chamber,  is  thought  fit  to  be  removed  from 
the  Perfons  and  Courts  of  the  King  and  Queen,  as 
fcne  that  is  conceived  to  give  dangerous  Counfel.' 

In  like  Manner,  Mr.  Endymisn  Porter,  the  Lord 
D'tgly^  Mr.  William  Crofts^  and  Sir  "John  Wintour 
Secretary  to  the  Queen,  were  excepted  againft;  but 
when  Mr.  Porter's  Exception,  being  a  Member  of 
that  Houfe,  was  put  to  the  Queftion,  it  was  carried 
againft  him,  by  only  no  againft  107. 

Feb.  1 6.  The  Ordinance  concerning  the  Militia  The  Lords  pafs 
being    at  laft,  competed  by  the  two  Houfes,  R^ffiS* 
was  this  Day  read  and  agreed  to  by  the  Lords ;  and 
ordered  to  be  prefented  to  the  King  by  the  Earl  of 
Stamford  and  Lord  Grey. 

Lord  Clarendon  obferves  upon  this  Occaflon, 
'  That  when  this  Bill  had  been,  with  much  ado? 
accepted,  and  firft  read,  there  were  few  Men  who 
imagined  it  would  ever  receive  farther  Counte- 
nance: But  now  there  were  few,  who  did  not  be- 
lieve it  to  be  a  very  neccflary  Provifion  for  the  Peace 
and  Safety  of  the  Kingdom ;  fo  great  an  Impreilion 
had  the  late  Proceedings  made  upon  them.'  s 

A  MefTage  was  brought  from  the  Commons  by^nd  re-commit 
Mr.  Holies,  importing,  'That  they  underftood  their  ;he  Bifoops  at 
Lordfhips  had  bailed  the  twelve  Bifhops  impeach'd;he  Commons 
by  them  of  High  Treafon  ;  but  that  They  had  vo- 
ted they  ought  not  to  be  bailed  ;  and  therefore  defi- 
rcd  their  Lordfhips  to  remand  them  back  to  tbe 
Place  where  they  were ;  which  the  Lords  did  ac- 
cordingly 
of  the  Rebelling  Vol.  I.  8*9.  p.  388. 


296     The  Parliamentary  HISTORY 

An  17.  Cai.  I.cordingly:  But,  at  the  fame  Time,  fent  to  let  the 
Commons  know,  that  they  had  ordered  the  TriaJ 
to  be  on  Saturday  next,  the  igth  Inftantj  which 
was  agreed  to  by  the  Commons. 

Feb.  17.  The  King's  Anfwer  to  the  Parliament's 
Addrefs  of  Thanks  was  reported  to  the  Lords  ; 
which  was  only  this,  Wcll^  I  pray  you  take  Ireland 
Really ,  into  your  Care ;  and  let  your  Thanks  be  ex- 
prejfed  in  //;#/,  and  I  jhall  thank  you. 

A  MefTage  came,  alfo,  from  the  King,  this  Day, 
to  the  Lords,  which  was  read  in  thefe  Words : 

His  Majefly*  at  the  earnefl  Defer  e  of  bis  Confort, 

Meflage  con-         ,      ^  111         i      rj  •         ;      r»      ;• 

eerning  Lord  the  zfuettt,  hath  thought  Jit  to  acquaint  the  Parha- 
pigty's  Letter  menty  That  Jhe  under/landing  a  Letter^  addrefjed  to 
herfelf)  had  been  opened  by  them,  and  remains  in  their 
Cuftpdy,  defer ed  that  a  Tranfcript  of  it  might  be  fpee- 
dily  fent  her ;  and  declares  ^  That  if  the  Parliament 
fhould  defer e  to  be  further  fatisfied  from  her,  of  any 
Particulars  mentioned  in  that  Letter ,  or  any  Circum- 
ftances  concerning  the  fame^  fo  far  forth  as  may  any 
ways  relate  unto  or  reJlecJ  upon  her  Perfont  or  any 
ivhatfoever  concerning  her^  Jhe  is  ready  and  very  wil- 
ling to  give  them  due  Satisfaction  therein.  A  Copy 
of  this  MefTage  was  difpatched  to  the  Commons  j 
but,  this  not  contenting  that  Houfe,  they  defired  to 
fee  the  Original  Meflage,  which  was  fent  them. 

The  Commons  prepared  another  Petition  to  trje 
King,  about  their  five  Members,  which  they  fent 
up  to  the  Lords  for  their  Concurrence,  who  joined 
with  them  in  it,  and  ordered  it  to  be  prefented  by 
two  of  their  Houfe  and  a  proportionable  Number 
of  the  Commons.  This  Petition  was  as  follows : 

To  the  K I N  G's  Moft  Excellent  Majefty, 

The  HUMBLE  PETITION  of  the  LORDS  and 

COMMONS  now  aflembled  in  Parliament, 

Sheweth, 
Another  Petition  T*HAT  whereas  your  Majefey^  in  Anfwer  to  their 

r.elati"S  '°  the   •*   late  Petition  touching  the  Proceedings  againjl  the 
Accufed         i-  - 


Of   E  N  G  L  A  N  D.     297 

ris;ge,  A/r.Pymme,  J/r.Hampden,  and  Air.  Strode,  An.  17-  Car-  *• 

Members  of  the  Parliament  ,  ztw  pleafed  to  fignify, 

77;tf?  <?j  ^owr  Majejly  once  conceived  that  you  had 

Ground  enough  to  accufe  them,  Jo  now  your  Majefly 

finds  as  good  Caufe,  wholly,  to  defer  any  further 

Profecution  of  them  :  Notwithftanding*  tvhich,  they 

remain  Jllll  under  that  heavy  Charge  fo  imputed  utito 

them,  to  the  exceeding  Prejudice  not  only  ofthemfelves* 

but  alfo  of  the  whole  Parliament.     And  whereas,  by 

the  exprefs  Laws  and  Statutes  of  this  your  Realm, 

that  is  to  fay,  by  two  Afts  of  Parliament  ,  the  one 

made  in  the  3Jtbt  and  the  other  in  the  ySth  Tear  of 

the  Reign  of  your  mojl  noble  ProgenitorKing  Ed  w.  III. 

If  any  P  erf  on  whatsoever  make  Suggejlion  to  the  King 

bimfelf  of  any  Crime  committed  by  another,  the  fame 

Perfon  ought  to  be  fent,  with  the  Suggejlion,  before 

the  Chancellor  or  Keeper  of  the  Great  Seal,  the  Trea- 

furer,  and  the  Great  Council,  there  to  find  Surety  to 

purfue  his  Suggejlion  ;  which  if  he  cannot  prove  ,  he 

is  to  be  imprijoned  till  he  hath  fatisfied  the  Party  ac- 

cufed  of  his  Damages  and  Slander,  and  made  Fine 

and  Ranfom  to  the  King  :    The  faid  Lords  and  Gam- 

mons, therefore,  humbly  befeech  your  Majejly,  that, 

not  only  in  Point  of  Jujlice  to  the  faid  Members  in 

their  Particular,  but  for  the  Vindication  of  the 

Rights  and  Privileges  of  Parliament,  your  Majejly 


will  be  pleafed  to  fend  the  Perfon,  or  Perfons,  that 
in  this  Cafe  made  the  Suggejlions  or  Informations  to 
your  Majefty  again/I  the  faid  Members  of  Parlia- 


in this  Cafe  made  the  Suggejlions  or  Informations  to 
your  Majefty  again/I  the  faid  Members  of  Parlia- 
ment, together  with  the  faid  Suggejlions  or  Informa- 


tions, to  your  Parliament  ;  that  fo  fuch  Fruit  of 
the  faid  good  Laws  may  be  had  as  was  intended  by 
them,  and  the  Rights  and  Privileges  of  Parliament 
may  be  vindicated  ;  which,  of  Right  and  Jujlice, 
ought  not  to  be  delayed. 

Feb.  1  8.  Some  Propofitions  were  made  to  both 
Houfes,  by  fome  Adventurers,  for  the  fpeedy  Re- 
duftion  of  Ireland,  by  fettling  on  them  the  Lands, 
there  belonging  to  the  Rebels,  in  cafe  they  fuc- 
ceeded.  Thefe  were  approved  on  by  Parliament, 
and  afterwards  confirmed  by  the  King.  -  But, 


298     The  Parliamentary  HISTORY 

An.  17.  Car,  I.  as  thefe  Propofitions  may  be  found  at  large  in  Rufl:- 
worth's  and  Hujbands's  Cotleftionst  we  think  them 
unnecefTary  here.  « 

Feb.  19.  The  Commons  fent  up  Mr.  Pymme 
with  an  Anfwer  to  the  King's  laft  Mefiage  about 
the  Lord  Digby's  Letters,  with  the  Copies  of  them, 
and  defired  their  Lordftiips  Concurrence  in  it':  It 
was  to  this  Effect :  e 

Moft  Gracious  Sovereign^ 

The  Anfwer  of  «  T^OIIR  Majefty's  moft  loyal  and  faithful 
'    *      Subjefts>  the  Lords  and  Commons  in  Par- 
liament,  have  received  your  Meflage  of  the  lyth 

*  Inftant,  fent  at  the  Inftance  of  the  Queen;  and, 

*  upon  Confideration  thereof,  we  find,  to  our  great 
'  Joy  and  Content,  clear  Expreffions  of  Grace  and 

*  Favour  from  both  your  Majefties,  for  which  we 

*  return  you  our  moft  humble  Thanks;  and  have 
'  herewithall  fent  the  Tranfcript  of  that  Letter  re- 
'  quired  by  your  Majefty,  as,  likewife,  of  two  other 

*  Letters  directed  to  Mr.  Secretary  Nicholas  and 

*  Sir  Lewis  Dives  ;  all  which  were  brought  to  us, 

*  under  one  Cover,  directed  to  Mr.  Secretary,  with 
'  Information  that  they  were  written  by  the  Lord 

*  Digby\  who  being  a  Perfon  fled  from  the  Juftice 

*  of  Parliament,  and  one  who  had  given  many  Evi- 

*  deuces  of  his  Difaffection  to  it,  we  conceived  it 

*  neceflary  to  open  the  two  latter ;   and  finding 
'  fundry  Expreffions  in  them  full  of  Afperity  and 
'  Malignity  to  the  Parliament,  we  thought  it  very 

*  probable  the  like  might  be  contained  in  the  Let- 

*  ter  to  her  Majefty ;  and  that  it  would  be  difho- 

*  nourable  for  her,  and  dangerous  to  the  Kingdom, 
'  if  it  mould  not  be  opened  ;  wherein  we  were  no 
4  whit  deceived,  as  your  Majefty  may  well  per- 
'  ceive  by  the  Contents  of  it. 

*  And  altho'  we  cannot  but  be  very  fenfible  of  the 
'  great  Difhonour  therein  done  to  your  Majefties, 

4  and 

d  See  Rujhvoortb,  Vol.  IV.  p,  556,  &c.  Hujlands,  4/0  Edit. 
p.  84. 

e  Thefe  Letters  are  in  Rujfavortb's  Calkftiom,  Vol.  IV« 
P-  554- 


Of    E  N  G  L  A  N  D.       299 

and  the  malicious  Endeavours  of  fomenting  and  An.  17.  Car.  I, 
increafmg  thejealoufies  betwixt  your  Majefty  and 
your  People  ;  yet  we  are  far  from  reflecting  any 
Thing  on  the  Queen,  or  expecting  any  Satisfac- 
tion from  her  Majefty,  but  impute  all  to  the  bold 
and  invenom'd  Spirit  of  the  Man.  Only  we  moft 
earncflly  befeech  your  Majefty  to  perfuade  the 
Queen,  That  fhe  will  not  vouchfafe  any  Coun- 
tenance to,  or  Correfpondence  with,  the  Lord 
Digby,  or  any  other  of  the  Fugitives  or  Traitors  j 
whole  Offences,  now,  depend  under  the  Exami-* 
nation  ind  Judgment  of  Parliament;  which,  we 
affure  ourfelves,  will  be  very  effe&ual  to  further 
the  Removal  of  all  Jealoufies  and  Difcontents 
betwixt  your  Majefty  and  your  People,  and  the 
Settling  of  the  great  Affairs  of  your  Majefty  and 
the  Kingdom  in  an  aflured  State  and  Condition 
of  Honour,  Safety,  and  Profperity.' 

The  Lords  agreed  to  this  Meflage,  and  ordered 
jt  to  be  prefented  to  the  King. 

This  being  the  Day,  laft  appointed,  for  the  Trial  The  Trial  of  the 
of  the  twelve  Bifliops,  they  were  brought  to  thetwelve  impeach- 
Bar  of  the  Houfe  of  Lords,  where  the  Managers  edBifhopsbegulu 
for  the  Commons  attended.  The  Lord-Keeper  told 
thofe  Gentlemen  they  might  now  proceed  againft 
them ;  whereupon  Mr.  Glynne  defir'd  the  Impeach- 
ment might  be  read ;  which  being  done,  the  Anfwer, 
or  Plea,  of  the  Bifliops  was  alfo  read  ;  importing, 
That  they  were  not  guilty  of  the  Treafon  charged 
againft  them.  Then  the  Petition  of  the  Bifiiops 
was  read,  on  which  the  faid  Impeachment  was 
grounded  ;  after  which  Mr.  Glynne  proceeded  to 
open  the  Charge;  and  firft  defir'd,  That  the  Bifliops 
might  be  afk'd,  Whether  they  did  fubfcribe  the  Pe~ 
tition  now  read,  and  whether  it  was  their  Hand- 
IVriiing  ?  To  this  Queftion  the  Bifliops  refufed 
to  anfwer,  becaufe  they  alledged,  «  That  it  was 
'  not  charged  in  the  Impeachment ;  neither  were 
'  they  bound  to  accufe  themfelves.'  Another  Que- 
ftion was  then  put  to  them,  IJ/hether  they  confented 
not  to  the  exhibiting  and  preferring  of  the  Petition? 

To 


300     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  To  this  they  faid,  '  That  they  would  ftand  to  their 

^j  641^    <  former  Anfwer  of  Not  Gwlty:    Then  Mr.  Glynne 

February       defired,  That  the  Bifhops  Anfwer  which  they  made 

voluntarily,  in  the  Houfe,  on  the  301)1  of  December 

lait,  might  be  read  out  of  the  "Journal Book;  which 

being  done,  all  the  Biftiops,  except  the  Archbimop 

of  Tork^    voluntarily  confeffed,    That  they  fub- 

fcribed  the  faid  Petition,  and  did  own  the  Hand-* 

Writing;  but  denied  that  they  confented  to  the 

Preferring  of  it. 

The  Committee  of  the  Houfe  of  Commons  then 
proceeded,  and  defir'd  Leave  to  examine  fome  Wit- 
nefles  to  prove  the  Falfity  of  the  Bifhops  Petition, 
in  flyling  it,  The  Petition  of  all  the  Bijbops  and  Pre- 
lates now  called  by  bis  Majefly 's  Writ  to  attend  in 
Parliament,  and  prej'ent  about  London  and  Weft- 
minfter.  Likewife  to  prove,  that  feveral  Bifhops 
did  never  give  their  Confents  to  the  faid  Petition, 
or  ever  abfented  themfelves  from  Parliament,  on 
any  Occafion,  or  Reafon  of  Fear  or  Menace  j  and 
that  fome  of  the  Petitioners,  viz.  the  Bifhops  of 
Gloucester  and  Bath  and Wells  ?  fat  in  the  Houfe  of 
Lords  the  28th  of  December  laft. 

To  prove  this  the  Bifhop  of  Salifbury  was  fworn, 
who  faid,  '  That  he  was  prefent  about  London  and 
Weftminfter,  at  the  Time  when  the  other  Bifhops 
prefented  their  Petition  to  the  King  and  Parliament : 
That  he  was  not  abfent  from  Parliament  on  any 
other  Occafion  than  his  Attendance  on  the  Prince, 
and  not  out  of  any  Force  or  Menace  :  Neither  did 
he  hear  or  know  of  that  Petition,  before  it  was 
brought  into  the  Houfe  of  Peers,  or  ever  confented 
to  it  before  it  was  preferr'd,  or  fince.' 

Next,  the  Bifhop  of  Winchefter,  upon  Oath, 
depofed,  *  That,  ever  fmce  the  laft  Recefs,  he  had 
been  refident  in  and  about  London  and  Weftminftery 
and  attending  the  Parliament :  That  he  was  fent 
for  to  come  to  the  Archbimop  of  York  the  Day  af- 
ter the  great  Tumult,  at  the  Dean  of  Weftminftei?* 
Houfe,  where  were  feveral  other  Bifhop?  prefent; 
the  faid  Archbifhop  then  faid,  That  they  had  been 
jiffronted,  and  Ihewed  a  Draught  of  a  Petition,  and 

read 


Of    E  N  G  L  A  N  D.      301 

read  it  to  them.     Some  fpeaking  of  Amendments  An.  17.  Car.  I, 
to  it,  the  Archbiftiop  faid,  //  was  hafttly  done*  and        l64J- 
might  be  made  better,  'or  Words  .to  that  Effect:    SC7V"1""""J 
That  then  the  Archbiftiop  left  them,  and,  it  being 
late,  he  went  home  himfelf.     Afterwards  he  heard 
no  more  of  this  Matter,  untill,  being  in  the  Par- 
liament Houfe,  he  Jaw  a  Petition  there  under  the 
twelve  Bifhops  Hands ;  and  thinks  that  it  was,  in  Ef- 
f  eft,  agreeable  with  the  aforefaid  Draught,  altho',  he 
faid,  there  had  been  fome  Alterations  made  therein. 

*  He  further  faid,  That  he  never  gave  any  Con- 
fent  to  the  Delivery  of  the  faid  Petition  to  the  King, 
or  to  the  Lords  in  Parliament.  Alfo,  that  on  the 
29th  of  December  laft,  he,  being  coming  to  the  Par- 
liament by  Water,  met  the  Earl  of  Neivport,  be- 
tween the  Landing-place  at  the  Parliament  Stairs 
and  the  Parliament  Houfe;  who  afk'd  him  whither 
he  was  going,  and  told  him  there  were  none  of  his 
Brethren,  the  Bifhops,  in  the  Houfe;  and  thereupon 
he  turned  back.  He  likewife  faid,  That  either  on 
that  Day,  or  fome  other  about  that  Time,  he  doth 
not  certainly  know,  he  was  coming  in  a  Boat  to- 
wards the  Shore,  to  land  at  the  Parliament  Stairs; 
and  feeing  a  Company  of  'Prentices,  and  others, 
ftanding  on  the  Shore,  crying,  No  Bijhops,  fome 
called  out  to  him,  and  advifed  him  not  to  land 
there ;  and  thereupon  he  caufed  the  Boat  where  he 
was  to  turn  off,  and  carry  him  to  Lambeth^  where 
he  fent  for  his  Coach  to  carry  him  home. 

He  further  faid,  That  he  never  abfented  himfelf 
from  Parliament,  at  any  other  Times,  except  upon 
private  Occafions.' 

Then  the  Bifliop  of  London  was  fworn,  who  faid, 
4  He  had  been  relident  in  and  about  London  and 
Wejlminfter  and  at  Fulham^  ever  fince  the  laft  Re- 
cefs  of  this  Parliament :  That,  being  at  the  latter 
Place  the  Day  the  twelve  Bifhops  were  committed 
to  the  Tower ,  he  was  told  of  it,  and  the  Reafon  of 
their  Commitments :  That  the  next  Day  he  came 
to  the  Houfe  of  Lords,  where  he  faw  the  Petition 
which  the  faid  Bifhops  had  prefented ;  but  did  never 
hear  of  it  before ;  That  the  only  Reafon  he  came 

not 


302     ¥be  Parliamentary  HISTORY 

An,  17.  Car.  I.  not  to  Parliament,  was  becaufe  of  the  Froft, 
*^4^  Laftly;  That  he  never  did  confent  to  the  Delivery 
Februar  °^  t^ie  faid  Petition  to  his  Majefty,  nor  to  the  Lords 
in  Parliament.' 

The  Evidence  for  the  Matter  of  Fact  being  gi- 
ven, Mr.  Glynne  defired,  That  the  Bifhops  would 
make  their  feveral  Anfwers  to  their  Charge,  if  they 
had  any  Thing  to  fay. 

Hereupon,  every  Bifhop  for  himfelf,  made  his 
Anfwer  to  the  Matter  of  Fadtj  the  Efte&  whereof 
was,  '  That,  by  reafon  of  the  great  Concourfe  of 
People  and  their  Menaces,  they  were  afraid  to  come 
to  Parliament,  which  was  the  Caufe  of  preferring 
the  aforefaid  Petition  and  Proteftation,  to  preferve 
their  Rights  in  Parliament;  without  any  Intention 
to  commit  any  treafonable  A6t,  or  deftroy  the  Fun- 
damental Laws  and  Being  of  Parliaments,  as  is 
charged  in  the  Impeachment  againft  them. 

To  this  Mr.  Glynne  replied,  and  made  fome  Ob- 
fervations  on  fome  of  the  Proteftations  in  the  Pe- 
tition, and  obferved  the  Circumftances  in  the  Body 
of  the  Petition,  which  he  prefied  by  way  of  Ag- 
gravation. 'Tis  faid,  adds  he,  in  their  Petition, 
they  can  find  no  Redrefs  nor  Protection,  upon  fun- 
dry  Complaints  made  to  both  Houfes;  and  they  do 
proteft  againft  all  Votes,  Laws,  Orders,  Refolutions, 
and  Determinations,  as  in  themfelves  null  and  of 
none  Effect,  which  in  their  Abfence,  fmce  the  2yth 
of  December  laft,  have  already  paft ;  as  likewife 
againft  all  fuch  as  fhall  hereafter  pafs  in  this  Houfe, 
during  the  Time  of  their  Abfence  from  it :  Which 
Words,  he  faid,  are  an  exprefs  Denial  of  the  King's 
Authority,  in  giving  the  Royal  AiTent  in  Parlia- 
ment, becaufe  the  Bifhops  were  not  prefent.^  •  •• 
That  theirCrime  tended  to  the  Subversion  and  Un- 
dermining the  Foundation  and  Power  of  Parliament. 
It  deprives  this  Houfe  of  all  Being,  and  makes  its 
Body  without  Life  or  Motion,  and  to  be  lefs  than 
a  Pie-Powder  Courf,  unlefs  the  Bifhops  were  pre- 
fent.  It  overthrows  the  Fundamental  Laws  of 
the  Kingdom  for  the  very  fame  Reafon,  and  is  a 
Derogation  of  the  Honour  and  the  Privileges  of 

Par- 


Of    ENGLAND.     303 

Parliament ;  charging  both  Houfes  with  Denial  to  An.  17.  Car.  X. 
give  them  Redrefs  upon  Complaints  made  of  the 
Particulars  in  the  Petition  j  when,  in  Truth,  no  fuch 
Complaints  were  ever  made  to  Parliament.  That 
the  Bifhops,  in  their  Petition,  endeavoured  to  raife 
Sedition,  and  to  fix  an  Impreflion  in  the  Hearts  of 
the  People,  '  That  the  Parliament,  at  that  Time, 

*  had  no  Power  to  adl,  or  proceed  in  any  Bufinefs 

*  to  relieve  them  in  their  Grievances,  without  the 
'  Bifhops  were  prefent.'     That  when  the  Bifhops 
Petition,  &c .  was  preferred,  there  was  a  great  Re- 
bellion in  Ireland ;  and  the  Remedy  to  fubdue  that 
Kingdom  to  Obedience  was  Aids  and  Supplies,  as 
the  Wifdom  and  Power  of  Parliament  fhould  pro- 
vide, which  was  well  known  to  the  Bifhops;  there- 
fore their  Petition  and  Proteftation  was  a  direcT: 
A&  to  endeavour  the  Lofs  of  that  Kingdom.—— 
Laftly9  That  at  the  fame  Time  when  the  Petition 
was  preferred,  there  was  a  Bill  depending  in  this 
Houfe  to  difable  the  Bifhops  from  fitting  and  voting 
in  Parliament.' 

Mr.  Glynne  concluded  with  obferving,  '  That 
their  evil  Intentions  might  be  difcovered  ;  firfl^  By 
the  many  Falfities  in  their  Petition  and  Proteftation, 
which  had  been  proved  by  Witnefles ;  next.  By  the 
Time  when  thefe  were  preferred,  it  being  the  fe- 
cond  Day  after  a  Vote  had  pafled  this  Houfe,  *  That 
'  this  Parliament  is  a  free  Parliament;'  therefore  it 
was  an  Endeavour  to  make  an  Aflault  upon  that 
Vote  and  annul  it.  And  thefe,  added  he,  were  the 
Streams  that  flowed  from  this  Fountain.' 

After  Mr.  Glynne  had  done  fpeaking  to  Matter 
of  Fact,  the  Bifhops  defired  to  be  heard,  by  their- 
Counfel,  concerning  the  Matter  of  Law,  in  Point 
of  Treafon.  But  both  Sides  being  commanded  to 
withdraw,  the  Lords  took  this  into  Confideration  ; 
and  ordered,  That  the  Trial  of  the  twelve  Bi- 
ihops  mould  be  further  proceeded  in  on  the  24th 
of  this  Inftant  February^  and  all  Perfons  concern- 
ed then  to  attend. 

Feb. 


304     The  Parliamentary  HISTORY 

An.  17.  Car.  I.      Feb.  21.  The  Earl  of  Stamford  reported  to  the 

1641.        Houfe  the  King's  Anfwer  to  the  laft  Meflage  from 

*°~~~v~-J    Parliament  about  the  Militia ;  That  it  being  on  a 

February.       ^ufinefs  Of  fa  highe/t  Importance,^  not  only  for  the 

Kingdom  in  general,  but  alfo  for  his  JMaie/ly's  Reval 

The  King  defers    >    *>.  ?       ,  .    ,      .        J  J          .-  ,       /-* 

givinganAnfwery*w/"("''0'»   he  thinks  it  mojt  necejjary  to  take  fome 
concerning  the  Time  for  Advifement  thereupon  ;  and  therefore  he 
Militia  Bill  j      cannot  promife  a  pofitive  Anfwer  untill  he  Jhall  re- 
turn ;  which  he  intends  to  do  as  foon  as  he  Jhall  have 
put  his  dearcft  Confort,  the  fj^ueen,  and  his 


Daughter,  the  Princefs  Mary,  on  board  for  their 

'ranfportation  to  Holland. 
At  which  the       This  Anfwer  being  fent  down  to  the  Commons, 


Parliament  being  it  was  by  no  Means  relifhed  in  that  Houfe;  and 
difgufted,  tne  fame  Day  they  drew  up  another  Petition  to 

the  King  about  this  Matter ;  which  being  fent  to 
the  Lords,  it  was  by  them  agreed  to,  and  ordered 
to  be  prefented  by  the  Earl  of  Portland  and  two 
Commoners.  This  Petition  was  as  follows : 

To  the  K I N  G's  Moft  Excellent  Majefty, 

The   HUMBLE    PETITION    of  the  LORDS  and 
COMMONS,  concerning  their  late  Meflage. 

May  it  pleafe  your  Moil  Excellent  Majefty, 
They  petition  'V OUR  humble  and  loyal  Subjefls,  the  Lords  and 
the  King  again.  I  Commons ',  have,  with  a  great  deal  of  Grief,  re- 
ceived your  Majefty's  Anfwer  to  their  jujl  andnecef- 
fary  Petition  concerning  the  Militia  of  the  Kingdom  j 
which  your  Majejly,  by  a  gracious  Mejfage  formerly 
fent  unto  them,  was  pleafed  to  promife  jhould  be  put 
into  fuch  Hands  as  your  Parliament  Jhall  approve  of, 
or  recommend  unto  you  ;  the  Extent  of  their  Power, 
and  the  Time  of  their  Continuance,  being  likewife  de- 
clared:  That  being  done,  and  the  Perfons  by  both 
Houfes  nominated,  your  Majefty,  neverthelefs,  defers 
your  Refolution  herein  to  a  longer  and  very  uncertain 
Time ;  which,  the  prejent  Dangers  and  Diftrafiions 
being  fo  great  and  pr effing,  is  as  vnfatlsfa&trj  and, 
dejlruftive  as  an  abfolute  Denial; 

Ttiere 


Of   E  N  G  L  A  N  D,     305 

^Therefore,  we  once  again  befeech  your  Majefty  toAnt  17.  Car.  I. 
lake  our  Defire  Into  your  Royal  Thoughts,  and  to  give 
us  fuck  an  Anfwer  as  may  raife  in  us  a  Confidence 
that  we  Jhall  nut  be  expofed  to  the  Practices  of  thofe 
who  thirft  after  the  Ruin  of  this  Kingdom,  and  the 
kindling  of  that  Combu/lion  in  England,  which  they 
have,  in  fo  great  a  Meafure,  effected  in  Ireland  ; 

from  whence,  as  we  are  daily  informed,  they  intend 
and  endeavour  to  invade  us,  with  the  AJJiJlance  of 
the  Papifts  here  amongft  us. 

Nothing  can  prevent  thefe  Evils,  nor  enable  us  to 

fupprefs  the  Rebellion  in  Ireland,  andfecure  ourfelves, 
but  the  injlant  Granting  of  that  our  humble  Petition  ; 
which  we  hope  your  Majefty  will  not  deny  to  thofe  who 
mujl,  in  the  Difcharge  of  their  Duties,  both  to  your 
Majejly  and  the  Commonwealth,  reprefent  unto  your 
Majefly  what  they  find  fo  absolutely  necejjary  for 
the  Prefervation  of  both  ;  which  the  Laws  both  of 
God  and  Man  enjoin  them  to  fee  put  in  Execution^ 
as  feveral  Counties,  by  their  daily  Petitions,  have  de- 

fired  of  us,  and,  in  fame  Places,  begin  already  to  do 
it  of  themftlves. 

Another  Anfwer  from  the  King,  about  the  Lord 
Kimbolton,  &c.  was  this  Day  alfo  reported  to  the 
Houfe,  and  was  much  to  the  fame  Purport  as  the 
former. 

Feb.  22.  The  Commons  fent  up  an  Impeach- 
ment of  High  Treafon  againft  George  Lord  Digbyy 
defiring  their  Lordfhips  to  prefix  fome  fhortTime 
for  him  to  come  and  appear,  before  which  the 
Commons  would  be  ready  to  come  up  to  make 
good  their  Charge  againft  him.  Upon  this  the 
Lords  ordered  out  a  Proclamation,  thro'  England. 
and  Wales,  for  the  Lord  Digby  to  appear  and  an- 
fwer  to  this  Charge,  within  fifteen  Days  after  Date, 
on  Pain  of  Conviction. 

This  Day  the  Attorney-Greneral  delivered  in  his 

Anfwer  to  the  Charge  of  the  Commons  againft  him, 

VOL.  X  U  which 


306     ^he  Parliamentary  HISTORY 

An.  i7.  Car.  i.which  was  read  before  a  Committee  of  that  Houfe, 
1641.        in  thefe  Words  : 

Februar.  E  faid  Defendant,  faying  to  himfelf  now, 

and  at  all  Times  hereafter,  all  juft  Excep- 


as  tne  ^a 

ged,  for  Anfwer  faith,  and  acknowledgeth,  That  he 
is,  and  the  third  Day  at  January  laft  paft  was,  his 
Majefty's  Attorney-General  fworn  :  But  whereas 
he  is  charged  with  the  malicious,  falfe,  and  fcan- 
dalous  advifmg  and  contriving*  the  Articles  in  the 
faid  Impeachment  mentioned,  he  faith,  That  he 
was  and  is  fo  far  from  any  Malice,  Falfhood  or 
Scandal,  in  the  advifmg  and  contriving  of  the 
lame,  or  any  of  them,  that  he  did  not  at  all  advife 
or  contrive  the  faid  Articles,  or  any  of  them, 
nor  ever  knew  or  heard  of  them,  or  any  of  them, 
untill  he  received  them  from  his  Majefty's  Hands, 
the  faid  third  Day  of  January  laft  paft,  ready  in- 
grofs'd  in  Paper. 

*  And  as  to  that  Part  of  the  faid  Impeachment, 
which  chargeth  this  Defendant,  with  the  exhibiting 
of  the  faid  Articles  to  this  Honourable  Houfe,  he 
faith,  That,  upon  the  faid  third  Day  of  January^  he 
repaired  to  his  Majefty  by  his  Command,  who  then 
delivered  unto  this  Defendant  a  Paper  containing 
the  Articles  in  the  faid  Impeachment  mentioned, 
and  did  command  him,  in  his  Majefty's  Name,  to 
acquaint  this  Honourable  Houfe  that  divers  great 
and  treafonable  Defigns  and  Practices,  againft  his 
Majefty  and  the  State,  were  come  to  his  Majefty's 
Knowledge  ;  for  which  his  Majefty  commanded 
this  Defendant,  in  his  Majefty's  Name,  to  accufe 
fix  Members,  in  the  faid  Paper  mentioned,  of  High 
Treafon,  and  other  High  Mifdemeanors,  by  deli- 
vering that  Paper  to  your  Lordfhips,  and  to  defire 
to  have  it  read  :  And  further  to  dcfirc,  in  his  Ma- 
jefty's Name,  that  a  felecl:  Committee  of  Lords 
might  be  appointed  to  take  the  Examinations  of 
fuch  Witneffes  as  his  Majefty  fhould  produce,  as 
formerly  had  been  done  in  Cafes  of  like  Nature,  ac- 

cording 


Of    E  N  G  L  A  N  D.       307 

tording  to  the  Juftice  of  this  Houfe;  and  that  Com- An-  *?•  Car.  I, 
mittee  to  be  under  a  Command  of  Secrefy,  as  for-        l64I% 
merly ;  and  further,  in  his  Majefty's  Name,  to  afk    V7ebruar~"J' 
Liberty  to  add  and  alter,  if  there  fhould  be  Caufe, 
according  to  Juftice :  And  likewife  that  their  Lord- 
fhips  would  take  Care  of  the  fecuring  of  the  faid 
Perfons,  as,  in  Juftice,  there  fhould  be  Caufe. 

*  That,  accordingto  his  Majefty's  faidCommand, 
this  Defendant  did  come  to  this  Honourable  Houfe, 
the  faid  third  Day  of  January  ;  and  then,  after  the 
.Rt.  Hon.  Edward  Lord  Littleton^  Lord-Keeper  of 
the  Great  Seal  of  Eng land,  had  declared  to  this  Ho- 
nourable Houfe,  that  he  was  commanded  by  his 
Majefty  to  let  your  Lordfhips  know,  that  his  Ma- 
jefty  had  given  this  Defendant  Command  to  ac- 
quaint your  Lordfliips  with  fome  Things  from  his 
Majefty ;  this  Defendant  thereupon,  the  faid  third 
Day  of  January,  in  this  Honourable  Houfe,  before 
your  Lordfhips  then  and  there  fitting  in  Parliament, 
in  Obedience  to  his  Majefty's  faid  Commands,  as 
a  Meflage  from  him,  did  declare  the  aforefaid  Com- 
mands of  his  Majefty  ;  by  acquainting  your  Lord- 
fhips, that  the  King  had  commanded  him  to  tell 
your  Lordfhips,  that  divers  great  and  treafonable 
Defigns  and  Practices,  againft  him  and  the  State, 
had  come  to  his  Majefty's  Knowledge,  for  which 
the  King  had  given  his  Command  to  accufe  fix  Per- 
fons of  High  Treafon,  and  other  High  Mifdemea- 
nors,  by  delivering  thefe  Articles :  And  that  he  wag 
commanded  to  defire  your  Lordfhips  to  have  them 
read ;  which,  by  your  Lordfhips  Command,  were 
accordingly  read  by  the  Clerk :  And  then  further 
declared,  that  he  was  alfo  commanded  by  his  Ma- 
jefty, to  defire,  on  his  Majefty's  Behalf,  that  a  fe- 
lect  Committee  might  be  appointed  to  take  the; 
Examination  of  fuch  Witnefles  as  the  King  would 
produce,  as  formerly  had  been  done  in  Cafes  of  like 
Nature,  according  to  the  Juftice  of  this  Houfe  ; 
and  this'  Committee  to  be  under  a  Command  of 
Secrefy,  as  formerly :  And  that  he  was  commanded 
to  afk  Liberty  to  add  according  to  Juftice ;  and 
U  2  alfo 


308     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  alfo  to  dcfire  that  your  Lordihips  would  take  Care 
l64'-        for  the  fecuring  of  thofe  Perfons,  as,  in  Juftice, 
^~^/~~~J    there  fhould  be  Caufe. 

«  And  faith,  He  did  not  conceive  there  could  be 
any  Offence  in  what  was  fo  done  by  him,  in  this 
Honourable  Houfe,  in  Obedience  to  thofe  his  Ma- 
jefty's  Commands ;  being  wholly  thereby  left  to 
your  Lordfhips  Wifdoms  and  Judgments,  being  his 
Majefty's  great  Council  and  greateft  Court  for  Ad- 
vice and  Juftice. 

*  And  as  touching  the  falfe,  fcandalous,  and  ma- 
licous,  advifing,  contriving,  or  publifhing  the  faid 
Articles,  or  any  other  Articles  againft  the  faid  Per- 
fons in  the  faid  Papers  mentioned,  or  any  of  them; 
or  any  Breach  of  this  Defendant's  Oath  of  Attorney 
General  i  and  to  the  falfe,  unlawful,  and  malicious 
exhibiting  the  faid  Articles  into  this  Honourable 
Houfe,  or  caufing  any  Entry  thereof  to  be  made  ; 
and  the  Intent  and  Endeavour  falfly,  unlawfully, 
and  malicioufly  to  deprive  this  Honourable  Houfe, 
or  the  Honourable  Houfe  of  Commons,  or  any  of 
the  Members  of  the  faid  Houfes,  or  to  take  away 
any  of  their  Lives,  Eftates,  or  good  Names ;  and 
every  Offence  and  Mifdemeanor  charged  by  the 
faid  Impeachment  upon  this  Defendant,  he  faith  he 
is  not  guilty  of  them,  or  any  of  them,  in  fuch 
Manner  and  Form  as  by  the  faid  Impeachment  is 
charged. 

'  All  which  Matters  and  Things  this  Defendant 
is,  and  will  be,  ready  to  aver  and  prove  in  fuch 
Sort,  as  to  this  Honourable  Houfe  of  Parliament 
(hall  feem  meet. 

THOMAS  GARDINER, 
JOHN  FOUNTAYNE, 
ARTHUR  TREVOR. 

The  Earl  ofMbrimtmtb  was  again  Bail  for  Mr.  At- 
torney, in  5000 /.  Bond,  for  his  Appearance  to  abide 
the  Judgment  of  the  Lords  in  Parliament,  in  this 
Caufe,  and  fo  the  Matter  was  difmifled  for  that 
Time. Both  Houfes  adjourned  to  the  24th. 

Feb. 


Of   E  N  G  L  A  N  D.      309 

Feb.  23.  This  Day  the  Queen  and  Princefs  of  An.  17.  Car.  I. 
Orange  embarked  for  Holland*  :  On  the  25th  the        1641. 
King  returned  to  Canterbury^  and  the  next  Day  to    *— " "v— « •* 
Greenwich  ;  from  whence,  on  the  28th,  he  remo- 
ved to  Theobalds  on  his  Way  to  York. But  toThe  QU^,,  and 

return  to  the  Proceedings  of  Parliament.  the  Princefs  of 

Orange  go  to 

Feb.  24.  This  being  the  Day  for  the  further  Pro-H*W- 
ceedings  againft  the  twelve  Bifhops,  the  Houfe  of 
Lords  fent  down  Word  to  the  Commons,  That 
they  had  appointed  that  Afternoon,  at  Three  of  the 
Clock,  to  hear  their  Counfel,  in  Point  of  Law, 
concerning  the  Treafon    alledged  againft  thero.? 
Soon  after  the  Commons  return'd  for  A  nfwer,  That  j 
they  had  refolv'd  to  proceed  againft  the  faid  Bifhops, ft 
which  were  impeached  by  them  for  High  Treafon, 
by  Bill ;  and  were  proceeding  in  it  accordingly. 

Hereupon  the  Bifhops  were  called  in,  and  told 
this  Matter ;  on  which  they  faid,  They  had  lain 
Jong  under  a  Charge  of  Treafon,  and  had  many 
Days  affigned  them  to  be  heard  ;  and  fince  the 
Matter  of  Fa6l  had  been  heard,  they  defired  the 
Juftice  of  this  Houfe  that  they  might  be  heard  by 
their  Counfel,  in  Point  of  Law  ;  and  either  be  ac- 
quitted, or  Judgment  given  againft  them  upon  the 
Charge. 

The  Bifhops  being  ordered  to  withdraw,  the 
Lords  took  their  Defires  into  Confideration,  and  it 
was  ordered,  '  That,  before  the  Matter  againft  the 
twelve  Bifhops  fhall  be  concluded  by  any  Proceed- 
ing in  that  Houfe,  they  (hall  be  heard  by  them- 
felves  and  their  Counfel,  as  their  Caufe  fhall  re- 
U  3  quire.' 

1  Wbitlockc  fays,  '  That  the  Q^een  carried  with  her  all  her  own 
and  the  King's  Jewels,  not  leaving  behind  the  Jewels  of  the  Crown  ; 
that  with  them,  and  the  Afiiftance  of  the  Prince  of  Orange,  a  fuf- 
ficient  Party  might  be  raifed  for  the  King.'  Memorials,  p.  52. 

But  Lord  Clarendon  alledges,  '  That  both  their  Majeflies  were  re- 
duced to  fo  great  Want,  that  the  Queen  was  compelled  to  coin  or 
fell  her  Chamber  Plate  for  the  Supply  of  her  moft  nccefiary  Occa- 
fions  ;  there  being  no  Money  in  the  Exchequer,  or  in  the  Power  of 
the  Ministers  of  the  Revenue  ;  the  Officers  of  the  Cuftoms,  out  of 
which  the  Allowance  for  the  weekly  Support  of  their  Majefties 
Houfliold  had  been  made,  being  enjoin'd  by  the  Houfe  of  Commons 
pot  to  iflue  out  any  Money,  without  their  particular  Confent  an4 
Approbation.'  Hijlory  of  tie  Rebel/ion,  Vol.  I.  p.  419. 


310     The  Parliamentary  HISTORY 

Car.  1. quire.'  •  The  Bifhops  were  called  in  again  and  told 
of  this  Order,  which  was  all  the  Satisfaction  they 
had  at  that  Time. 

The  Committee  of  the  Commons,  appointed  ta 
manage  the  Evidence  againft  the  twelve  Bifhops, 
had  been  ordered  to  draw  a  Bill,  For  the  forfeiting 
of  the  IJfues  and  Profits  of  their  Eftates,  Temporal 
and  Ecclefiajlical,  and  the  difpofmg  thsreof  as  the 
Parliament  Jhould  think  Jit ;  for  the  Imprifonment  of 
their  Perfons  during  their  Lives ;  and  for  the  Difpo- 
fal  of  all  Livings  that  may  fall  within  their  Gift. 

The  fame  Day  the  Speaker  acquainted  the  Houfe, 
that  he  had,  the  Night  before,  received  a  MefTage 
from  the  King,  dated  February  22,  at  Dover,  in- 
clofed  in  a  Letter  directed  to  himfelf,  which  his 
Majefty  requir'd  him  to  read  in  the  Houfe,  and  was 
as  follows : 

The  King' 
ply 

jnons  A 
concerning 

Pymmis  Speech,  fify  or  retraft  any  Thing  done  by  himfelf,  which  might 
feem  to  trench  upon  their  Privileges  by  any  Mijlake 
of  his  ;  fo  he  doubts  not  they  will  be  ready ,  upon  all 
Occafions,  to  manifejt  an  equal  Tendernefs  and  Re- 
gardof  'bis  Majefty  'sHononr  and  Reputation  with  his 
good  Subjeffs  ;  and  therefore  his  Majejly  expecJs  they 
jhouldreview  his  Mejjage  ofthefeventh  of  this  Month, 
concerning  a  Pajfage  in  Mr.  Pymme'j  Speech,  and 
their  Anfwer  fent  his  Majejly  by  fame  of  their  Mem- 
bers on  the  tenth  of  the  fainc,  with  which  his  Ma- 
jefty can  by  no  Means  rejl  fatisfied. 

His  Majejty's  Exception  in  that  MeJ/age  was, 
That  it  was  affirmed  in  that  Speech,  That  fmce  the 
Stop  upon  the  Ports  againft  all  7r//&Papifts,  by  both 
Houfes,  many  of  the  chief  Commanders  now  in 
the  Head  of  the  Rebels,  have  been  fuffered  to  pafs 
by  his  Majefty's  immediate  Warrant.  To  this  the 
dnfwer  is,  That  the  Speech,  mentioned  in  that 
MefTage  to  be  deliver'd  by  Mr.  Pymme,  was  printed 
by  their  Order,  and  that  what  was  therein  delivered 

was 


Of    E  N  G  L  A  N  D.       311 

was  agreeable  to  the  Senfe  of  the  Houfe ;  that  they  An.  17.  Car.  I. 

jiave  received  divers  Advertifements  concerning  fe- 

veral  Perfons,  Irijh  Papifts  and  others,  who  have 

obtained  his  Majefty's  immediate  Warrant  for  their 

pa/ling  into  Ireland,  fmce  the  Order  of  Reftraint  of 

both  Houfesj   fome  of  which,  they  have  been  in- 

form'd,  fmce  their  coming  into  Ireland,  have  join'd 

with  the  Rebels,  and  been  Commanders  amongft 

them  : 

His  Majejly  is  moft  affured  no  fucb  Perfons  have 
pajfed  by  his  Warrant  or  Privity ;  and  tbereforedefires 
bis  Houfe  of  Commons  to  confider,  whether  fuch  a 
general  Infor?nation  andAdvertifement(inwbich  there 
is  not  fo  much  as  the  Name  of  any  particular  P  erf  on 
mentioned)  be  G  round  enough  fcrjuch  a  dire£tandpofi~ 
tive  Affirmation,  as  is  made  in  that  Speech ;  which,  in 
refpecl  of  the  Place  and  Perfon,  and  being  noiv  ac- 
knowledged to  be  agreeable  to  the  Senje  of  the  Houfe^ 
is  of  that  Authority  that  his  Majejly  may  fuffer  in  the 
Ajfettions  of  many  of  his  good  Subjects ;  and  fall  un- 
der a  pojjible  ConftrucJion  (confider  ing  the  many  fcan~ 
dalous  Pamphlets  to  fuch  Purpofe)  of  net  being  Jen- 
fible  enough  of  that  Rebellion,  fo  horrid  and  odious  to 
all  Chri/iians  ;  by  which,  in  this  Dijlrattion,  fucb 
Danger  might  pojjibly  enfue  to  his  Majefty's  Perfon  and 
Eft  ate,  as  he  is  we  II  affured  bis  Houfe  of  Commons  will 
u.fe  their  utmoft  Endeavours  to  prevent.  And,  there- 
fore,  his  Majefty  thinks  it  very  necejfary,  and  expecJs 
that  they  name  the  Perfons,  who,  by  his  Majejly  s 
Licence,  have  pajfed  into  Ireland,  and  are  now  there 
in  the  Head  of  the  Rebels ;  or  that  if,  upon  their  Re- 
examination,  they  do  not  find  particular  Evidence  to 
prove  that  Affertion,  (as  his  Majejly  is  confident  they 
never  can)  as  this  Affirmation,  which  may  reflett  upon 
his  Majejly,  is  very  public,  fo  they  will  publijh  fuch  a 
Declaration,  whereby  that  Mijiake  may  be  dijcovered', 
bis  Majejly  being  the  more  tender  in  that  Particular 
which  bath  Reference  to  Ireland,  as  being  mojl  affu- 
red that  he  hath  been,  and  is,  from  his  Soul,  rejolved  to 
difcharge  his  Duty,  ^vbich  God  will  require  at  his 
Hands,  for  the  Relief  of  bis  poor  Protejiant  Subjects 
there >  and  the  utter  rooting  out  that  Rebellion ;  fo  that 

Ser* 


3 1 2     The  Parliamentary  HISTORY 

.  17.  Car.  l.Servicehathnot  fujfer'd  any  but  neceffary  Delays  by  any 
Aft  0fhisMaje/tys,for  thelfant  ofanyThingpropofed 
to  his  Majejly^  or  within  his  Majejly' s  Power  to  do. 

For  the  Perfons  nanid  in  the  Anfwer,  his  Mojejly 
faith.  That  Col.  Butler,  and  the  Son  of  the  Lord 
Netterville,  obtained  his  Warrants  for  their  Pajjage 
into  Ireland, at  his  Majejly's  being  in  Scotland,  which 
was  long,  as  his  Majejly  thinks ,  before  the  Order  of 
loth  Houfes :  His  Majejly  knowing  the  former  of  them 
to  be  one  who  hath  always  made  Profejjions  to  his  Ser- 
vice, and  to  be  Uncle  to  the  Earl  of  Ormond,  of 
whofe  AffeSlion  to  the  Proteftant  Religion,  vnd  his 
Majefty's  Service,  his  Majefty  hath  great  Caufe  to  be 
ajfuredy  and  the  latter  being  a  P  erf  on  of  "whom,  at 
that  Time,  there  was  no  Sufpicion  to  his  Majejlfs 
Knowledge :  For  the  others,  it  may  be  they  have  obtain- 
ed Warrants  from  his  Majejly  Jince  the  faid  Order  ; 
but  his  Majejly  aj/ures  the  Parliament,  that  he  had  no 
Intimation  of  fuch  an  Order,  till  after  the  Stay  made 
of  Sir  George  Hamilton,  who  was  the  lajl  that  had 
any  Licence  from  his  Majejly  to  pafs  for  Ireland. 

And  bis  Majefty  having,  fince  his  Anfwer  from  the 
Kcufe  of  Commons,  ufed  allpojjible  Means,  by  the  ex- 
amining his  own  Memory,  and  the  Notes  of  his  Se- 
cretaries^ to  find  what  Warrants  have  been  granted 
by  him,  and  to  what  Perfons,  doth  not  find  that  he 
hath  granted  any  to  any  Irifh,  but  thofe  who  are  na- 
med by  the  Houfe  of  Commons ;  and,  in  December  laftt 
to  the  Earl  of  St.  Albans  and  two  of  bis  Servants, 
and  to  one  Walter  Terrel,  a  poor  Man  ;  they  being 
fuch  as  his  Majefty  is  ajfured  are  not  with  the  Rebels^ 
and  much  lefs  chief  Commanders  over  them.  Andtho? 
it  may  be  the  Per  Jons  named  by  the  Houfe  of  Commons 
are  Papifts,  yet  his  Majefty,  at  that  Time,  thought 
it  not  fit,  in  refpefi  of  their  Alliance  in  that  Kingdom 
to  fuch  Perfons  of  great  Power,  of  whcm  his  Majefty 
hoped  well,  to  dtfcover  any  Sufpicion  of  them  ;  the 
Lords  Jujtices  having  declared  by  their  Letters,  vjhich 
Letters  were  not  dif approved  of  by  tbf Parliament  heret 
that  they  were  fo  far  from  owning  a  public  Jealoufy 
of  all  Papifts  there,  that  they  had  thought  fit  to  put 
slyms  into  the  Hands  of  divers  Noblemen  of  the  Pale 

tf 


Of    E  N  G  L  A  N  D.      313 

of  that  Religion,  who  made  Profejfion  to  his  Maje/ty'sA 
Service,  and  defer ed  the  fame :  And  fmce  fo  great  a 
Truji  repofed  in  fame  of  the  Lords  of  that  Religion 
was  not  difapproved  by  the  Parliament  here,  his 
Majejly  could  not  imagine  it  unfafs  or  unfit  for  him 
to  give  Licences  to  fame  few  to  pafs  into  that  King- 
dom, who,  though  Papijls,  profejjed  due  Allegiance 
and  Loyalty  to  his  Majefty. 

And  therefore,  unlefs  the  firjl  Affirmation  of  the 
Houfe  of  Commons  can  be  made  good  by  fame  Parti- 
culars, his  Majejly  doth  not  know  that  his  Minifters 
have  failed  in  their  Diligence  and  Faithfulnefs  to 
his  Majejty  in  this  Point ;  or  that  his  Honour  hath 
fuffered  fo  much  by  any  Aft  of  his  own,  as  that  it 
needs  be  vindicated  for  the  Time  pajl  by  any  other 


Way  than  fuch  a  Declaration,    which  he 
from  this  Houfe,  as  in  Duty  and  Jujiice  due  to  his 
Majejly. 

Feb.  25.  The  Earl  of  Berkjhire  fignified  to  the 
Lords,That  he  had  receiv'd  an  extraordinary  Letter 
from  the  King,  which  was  read  in  thefe  Words : 

CHARLES  R. 

Right  Trufty,  fcfr.  we  greet  you  well. 

AS  we  have  been  gracioujly  pleafed,  at  your  .^-TheKing^Ix*- 
•+•*•  quejt  had  for  your  private  Occajions,  by  our\ 
former  Letter,  to  difpenje  with  your  prefent  Attend- 
ance in  Parliament ;  fo  now,  as  there  are  likely  to 
be  treated  there  Affairs  much  importing  the  Public 
Peace  and  Good  of  our  Kingdom,  we  have  thought 
good,  by  thefe  our  Letters,  to  dejire  you  to  repair 
forthwith  to  London,  and  not  to  fail  to  give  your 
perfonal  Attendance  in  Parliament:  For,  as  we 
know  your  own  good  Affeftions  to  the  Public  will 
incline  you  to  be  careful  to  prefer  that  before  your 
oivn  private  Eafe,  fo  we  ajjure  you  we  jhall  take 
it  as  a  Teftimony  of  your  good  Affections  to  us,  on 
whom  the  Care  of  the  Parliament  doth  immediately 
depend. 

piven  at  our  Court  at  Dover,  Feb.  23,  1641. 

Some 


314     The  Parliamentary  HISTORY 

An.  17   Car.  l.     Some  more  Lords  affirming  that  they  had  recci- 

1641.        vec[  Letters  from  the  King  to  the  fame  Effect,  the 

''TT^ ~f     Houfe  was  put  into  a  Committee,  to  confider  what 

uary.      .jj  £ounfe)s  ka(j  ^en  gjven  to  the  King ;  who  had 

Which  gives  Of-  gone  about  to  extend  the  King's  Prerogative  beyond 

fence  to  the      its  antient  Bounds  ;  who  were  the  Authors  and 

^°r  *  Procurers  of  Monopolies  ;  and  likewife  who  gave 

Counfel  for  the  Breach  of  the  Pacification  with  the, 

Scots,  which  had  coft  the  Kingdom  five  Millions  ; 

befides  many  other  Mifchiefs  and  Inconveniences 

that  happened  thereupon.     But  nothing  being  re- 

iblved  on,  at  this  Time,  the  Houfe  was  refumed  ; 

and  thus  this  Matter  ended,  which  feems  to  have 

put  the  Lords  in  fpme  Diforder. 

Feb.  26.  The  Commons,  at  a  Conference  this 
Day,  exhibited  the  following  Articles  againft  the 
Lord  Digby,  which  were  lent  up  by  Sir  John  Eve- 
lyn. 

ArtkJes  of  Im-      I.  c  That  the  faid  Lord  Digby,  in  or  about  the 
peachment  a-       Month  of  January  ^  1641,  malicioufly  and  trai- 
gamft    ord  Dig-    teroufly  endeavoured  to  perfuade  the  King  to  levy 
Forces  againft  his  liege  Subjects  within  this  King- 
dom ;  and  that  the  faid  Lord  Digby  actually  did, 
in  or  about  the  faid  Month,  levy  Forces  within 
this  Realm,  to  the  Terror  of  his  Majefty's  Subjects. 

II.  '  That  the  faid  Lord  Digby,  in  or  about  the 
fame  Month,  and  at  other  Times,  falfly,  mali- 
cioufly, and  traiteroufly  laboured  to  raife  a  Jea- 
loufy  and  Diflention  between  the  King  and   his 
People,  and  to  poflefs  his  Majefty  that  he  could 
not  live  with  Safety  of  his  Perfon  amongft  them  ; 
and  did  thereupon,  traiteroufiy,  endeavour  to  per- 
fuade his  Majefty  to  betake  himfelf  to  fome  Place 
of  Strength  for  his  Defence. 

III.  *  That   the   faid   Lord  Dlgby,  about  the 
Time  aforementioned,  did  malicioufly  and  trai- 
teioufly  endeavour  to  ftir  up  Jealoufies  and  Dif- 
fentions  between  the  King  and  Parliament ;  and, 
to  that  End  and  Purpofe,  did  wickedly  advife  the 
framing  of  certain  falfe  and  fcandalous  Articles  of 
High  Treafon  againft  the  Lord  Kimbolton,  Denzi! 

«  Holies  , 


Of    E  N  G  L  A  N  D.       315 

f  Holies^  Efq;  &c.   and  did  perfuade  his  Majefty,  An.  17.  Car,  Jf 

?  accompanied  with  divers  Soldiers  and  others  in  l64I- 

'  warlike  Manner,  to  come  inPerfon  into  the  Houfe    * v— — ' 

*  of  Commons,  and  demand  the  faid  Members  of  e  luary* 

*  the  faid  Houfe  then  fitting;  to  the  apparent  Dan- 

*  ger  of  his  Majefty's  Perfon,   and  in  high  Viola- 
'  tion  of  the  Privileges  and  Being  of  Parliaments. 

4  All  which  Matters  the  faid  George  Lord  Digby 

*  did  traiteroufly,  fcff.' 

In  fupport  of  this  Accufation,  Sir  John  Evelyn 
ipoke  to  this  Erred  : 

*  That  this  was  a  heavy  Accufation,  and  fuch  a  Sir^fo&aEw/jw't 
one  as  needed  rather  Pity  than  Aggravation :  That  Sp«ch  thercup- 
a  Noble  Gentleman,  as  he  was,  fhould  fall  into  foon* 

foul  a  Crime  as  to  ftudy  the  Deftruclion  of  his 
Cpuntry. 

'  In  the  Houfe  of  Commons  they  obferved  him 
to  appear  much  for  his  Country,  till  he  had  dived 
into  the  Secrets  of  that  Houfe ;  foon  after  which 
he  fell  into  ill  Difcourfes  and  bitter  Railings  againft 
that  Houfe  ;  as  in  a  Speech  of  his,  touching  the 
Earl  of  Strafford)  wherein  he  involved  the  Com- 
mons, your  Lordfhips,  and  the  King,  in  wilful 
Murder r.  Being  queitioned  for  it,  he  fled  from  that 
Houfe  and  came  to  yours,  where  we  found  him  in 
the  fame  Way  there.  That  the  Lord  Digby  had 
faid,  '  This  was  no  free  Parliament ;'  and  not  long 
after  followed  that  high  Breach  of  Parliament3,  in 
which  Time  he  was  obferved  to  be  a  diligent  At- 
tendant on  the  Courts  of  the  King  and  Queen. 
After  that  Plot  was  difcovered,  the  King  retired  to 
Hampton-Court,  and  there  we  found  him  tampering 
with  the  Soldiers,  faying,  *  The  King  went  out  of 

*  Town  only  to  fave  them  from  being  trampled  in 
'  the  Dirt,'  and  by  offering  Money  to  the  Soldiers 
for  doing  the  worit  Service  that  ever  was  done  to 
the  King.     Scelere  legendum  Scelus. 

<  After 

r  Alluding  to  his  Lordflnp's  Speech  for  Redrefs  of  Grievances, 
for  the  Triennial  Bill ;  and  in  favour  of  the  Earl  of  Stratford,  &c. 
in  our  Qth  Volume. 

•  The  Affair  of  the  King's  coming  to  demand  the  Five  Mem- 
bers, (gV,  in  this  Volume, 


3 1 6     The  Parliamentary  HISTORY 

An.  17.  Car.  I.      '  After  this  he  endeavoured  to  'lift  Men,  getting; 
1641.       Names,  offering  himfelf  and  all  he  could  for  that 
*7T^~""''    Purpofe  j  the  Particulars  whereof  they  will  make 
appear  to  your  Lord/hips  by  Proof. 

<•  That  Noblenefs  and  Honour  that  hath  moved 
your  Lordfhips  to  ftand  fo  long  in  the  Gap,  for 
the  Good  of  the  State,  will  eafily  fuggeft  what  he 
deferveth  that  would  deftroy  it.  He  that  will  not 
omit  to  fow  Jealoufies  between  the  King  and  People, 
deferveth  ill ;  but  he  that  will  fofter  and  nourilh 
them,  the  State  will  fpue  him  out,  they  cannot 
digeft  him.  He  concluded  with  faying,  They 
would,  by  Proof,  make  good  the  Articles  now  ex- 
hibited to  their  Lordfhips.' 

Feb.  28.  The  King,  on  his  Return  from  feeing 
the  Queen  embarked  for  Holland^  having  fent  to 
command  the  Prince  of  Wales  to  meet  him  at 
Greenwich  on  the  a6th;  his  Governor,  the  Marquis 
of  Hertford^  being  then  fick,  could  not  attend  him 
thither,  but  fent  to  acquaint  the  two  Houfes  with 
it :  Upon  which  they  difpatchcd  the  following 
MefTage  to  the  King ;  and  the  Anfwer  to  it  was 
read  in  the  Houfe  of  Lords  on  this  Day.  The 
Meflage  was  as  follows  : 

A  M^gc  to  the  c  jrj^  H  E  Lords  and  Commons,  in  Parliament, 

rnovfng  L™~  '     1      humbly  defire  his  Majefty,  that  the  Prince 
Prince.  *  may  not  be  removed  from  Hampton-Court ;  and 

'  that  for  thefe  enfuing  Reafbns  : 

i/?,  '  They  conceive  that  his  Majefty  had  refol- 
'  ved,  that  the  Prince  fhould  ftay  at  Hampton-Court 
'  untill  his  Majefty's  Return. 

2<aVy,  '  That  the  Lord  Marquis  of  Hertford,  ap- 
'  pointed  by  his  Majefty  to  be  Governor  of  the 
'  Prince,  and  approved  of  and  commanded  by  the 
'  Parliament  to  give  his  perfonal  Attendance  upon 

*  his  Highnefs,  is  now  fo  indifpofed  in  his  Health, 

*  that  he  is  not  able  to  attend  the  Prince  in  any 
«  other  Place. 

3^/v,  *  That  the  Prince's  Removal,  at  this  Time, 

*  from  Hampton-Court^  inav  be  a  Caufe  to  promote 

«  Jea- 


Of    E  N  G  L  A  N  D.      317 

*  Jealoufies  and  Fears  in  the  Hearts  of  his  Maje-  An.  17.  Car.  I. 
'  fly's  good  Subje&s,  which  they  conceive  very  ne- 
«  cefory  to  avoid.'    ' 

His  MAJESTY'S  ANSWER. 

I  ft,  'T'HAT  his  Majejiy  intended,  at  bis  Remove  His  Majefty's 
•*   from  Hampton-Court  with  his  Royal  Con-  Anfwer  to  the 
forty  the  gtueen,  towards  Dover,  that  the  Prince  his  faid  Mefl»»* 
Son  Jhmld  flay  at  Hampton-Court  till  his  Majejiy 
returned  to  fame  of  his  Houfes  ;  and  thereupon,  as 
foon  as  his  Majejiy  refolved  upon  a  certain  Day  to  be 
at  Greenwich,  be  commanded  that  his  Son  Jhould 
attend  him  there,  which  was  no  way  contrary  to  his 
former  Intention. 

2dly,  That  his  Majejiy  was  very  forry  to  hear  of 
the  Indifpofition  of  the  Marquis  of  Hertford,  being 
the  Per  Jon  upon  whom  he  principally  relies  for  the 
Care  of  his  dearejl  Son:  But  if  that  Indifpo/ition 
Jhould  have  lajlcd,  his  Majejiy  could  no  wav  think  fit 
that  his  Want  of  Health  Jhould  have  hindered  the 
Prince  from  waiting  upon  his  Majejiy  according  to 
his  Command ;  and  therefore  would  have  been  much 
offended  if  the  Prince  had  failed  of  meeting  his  Ma- 
jejiy, according  to  his  Appointment. 

3dly,  "71?  the  Fears  and  Jealoufies,  his  Majejiy 
knows  not  what  dnfwer  to  give,  not  being  able  to 
imagine  from  what  Grounds  they  proceed ;  but  if  any 
Information  hath  been  given  to  that  Purpofe,  h'n  Ma- 
jefty  much  dejires  that  the  fame  may  be  examined  to 
the  Bottom  ;  and  then  he  hopes  that  their  Fears  and 
"Jealoufies  will  be  hereafter  continued  only  with  Re- 
ference to  his  Majeftfs  Rights  and  Homur. 

The  fame  Day  the  Lord-Keeper  delivered  the 
King's  Anfwer,  fent  to  him,  to  the  Lords,  con- 
cerning the  Ordinance  about  the  Militia,  which 
was  read  in  thefe  Words  : 

717/5   Majejiy  having,  with  his  be  ft  Care  andAnA  his  final 
•fj   Understanding,  perufed  and  confidered   tbat1^*? ..as  ta 
which  luasfent  him  from  both  Houfes,  for  the  order-  *  e 
ing  cf  the  Militia,  prefented  unto  him  to  be  made  an 

Or- 


318     The  Parliamentary  HISTORY 

Car.  I.  Ordinance  of  Parliament,  by  the  giving  of  his  Royal 
Ajjent\  as  he  can  by  no  Means  do  it,  for  the  Reafons 
,  hereafter  mentioned,  fo  be  doth  not  conceive  himfclf 

obliged,  by  any  Promife  made  in  his  Anfwer,  of  the 
fecond  of  this  Month,  to  the  Petition  of  both  Houfe  s, 
to  yield  to  the  fame. 

His  Majejly  finds  great  Canfe  to  except  again  ft 
the  Preface  or  Introduction  to  that  Order,  -which  a* 
voweth  a  moft  dangerous  anddefperate  Dejign  upon  the 
Houfe  of  Commons  of  late,  fuppofed  to  be  an  Effett  of 
the  bloody  Counfels  of  Papijls,  and  other  ill-ajfe£led 
Perfons ;  by  which  many  may  under  ft  and  (looking  upon 
other  printed  Papers  to  that  Purpofe)  his  coming  in 
Perfon  to  the  Houfe  of  Commons  on  the  $th  Day  of 
January,  which  begot  fo  unhappy  a  Mifunderfland- 
ing  between  the  King  and  his  People :  And  for  that+ 
tho1  he  believes  it,  upon  the  Information  fince  given 
him,  to  be  an  apparent  Breach  of  their  Privilege ; 
and  hath  offered,  [and  is  ready]  to  repair  the  fame 
for  the  future,  by  any  Aft  that  Jhall  be  defired  of  his. 
Majejly ;  ye t  he  mujl  declare  and  require  to  be  believed, 
that  he  had  no  other  Dejign  upon  that  Houfe,  or  any 
Member  of  it,  than  to  require,  as  he  did,  the  Per- 
fons of  thofe  five  Gentlemen  his  Majejly  had  the  Day 
before  accufed  of  High  Treafon ;  and  to  declare  that 
he  meant  to  proceed  againjl  them  legally  and  fpeedily, 
upon  which  he  believed  that  Houfe  would  have  deli- 
vered them  up  :  And  his  Majejly  calls  the  Almighty 
God  to  witnefs,  that  he  was  fo  far  from  any  Inten- 
tion or  Thought  of  Force  or  Violence,  although  thai 
Houfe  had  not  delivered,  them  according  to  his  De- 
mand, or  in  any  Cafe  whatfoever,  that  he  gave  thofe 
his  Servants,  and  others,  who  then  waited  on  his 
Majejly,  cxprefs  Charge  and  Command  that  they 
Jhould  give  no  Offence  to  any  Man;  nay,  if  they  re- 
ceived any  Provocation  or  Injury,  that  they  Jhould 
bear  it  without  Return.  And  his  Majejly  neither 
faw  or  knew  that  any  Perfon  of  his  Train  had  any 
other  Weapons,  but  his  Penjioners  and  Guards  thofe 
with  ^vhich  they  ufually  attend  his  Perfon  [to  Parlia- 
ment,] and  the  other  Gentlemen  Swords:  And  there- 
fore his  Maiefiy  doubt's  not  but  hh  Parliament  will  lc 

f* 


Of    E  N  G  L  A  N  D.      319 

fo  regardful  of  his  Honour  herein,  that  he  Jhall  not  An,  17.  Car,T* 
Undergo  any  imputation  by  the  raj})  or  indijcreet  Ex-        1641. 
preffions  of  any  young  Men  then  in  his  Train  ;  or  by  •  *- — v — — ' 
'any  defperate  Word,  uttered  by  others,  who  might      Febri;2ri'' 
mingle  with  them,  without  his  Confent  or  Approbation. 

For  the  Perfons  nominated  to  be  Lieutenants  of  the 
federal  Counties  of  England  and  Wales,  his  Majefty 
is  contented  to  allow  that  Recommendation;  only  con- 
cerning the  City  0/ London,  and  fucb  other  Corpora- 
tions (IS)  by  antient  Charters?  have  granted  unto  them 
the  Power  of  the  Militia,  his  Majefty  doth  not  con- 
ceive that  it  can  ft  and  with  Juftice  or  Policy  to  alter 
their  Government  in  that  Particular.  And  his  Ma- 
jejiy  is  willing*  forthwith,  to  grant  every  of  them 
(that  of  London  and  thofe  other  Coroporations  ex- 
cepted)  fucb  CommiJJions  as  he  hath  done,  this  Parlia- 
ment, to  fame  Lord- Lieutenants,  by  your  Advice :  But 
if  that  Pswer  be  not  thought  enough,  but  that  mere 
Jhall  be  thought  fit  to  be  granted  by  thefe  Perfons 
named,  than  by  the  Law  is  in  the  Crown  it/elf;  his 
Majefty  holds  it  reafonable  that  the  fame  be,  by  fame 
Law,  firft  vefted  in  him,  with  Power  to  transfer  it 
to  thefe  Perfons,  which  he  will  willingly  do;  and 
whatever  that  Power  /hall  be,  to  avoid  all  future 
Doubts  and  Queftions,  his  Majefty  dejires  it  may  be 
digefted  into  an  Aft  of  Parliament  rather  than  an 
Ordinance  ;  fo  that  all  his  loving  Subjects  may  there- 
by particularly  know,  both  what  they  are  to  do,  and 
what  they  are  to  fuffer  for  their  Neglett,  that  there 
be  not  the  leaft  Latitude  for  his  good  Subjects  to  fuf- 
fer  under  any  arbitrary  Power  whatfoever. 

As  to  the  Time  defired  for  the  Continuance  of  the 
Powers  to  be  granted,  his  Majefty  giveth  this  An- 
fwer,  That  he  c/annot  confent  to  diveft  him f elf  of  the 
ju/?  Power  which  God  and  the  Laws  of  this  Kingdom 
have  placed  in  him  for  the  Defence  of  his  People,  and 
to  put  it  into  the  Hands  of  others  for  any  indefinite 
Time.  And  Jince  the  Ground  of  this  Requeft,  from 
his  Parliament,  was  to  fecure  their  prefent  Fears  and 
Jealoufies,  that  they  mjght,  with  Safety,  apply  them- 
Jehes  to  the  Matter  of  his  Mejfage  of  the  20tb  of 
January}  hit  Majefty  hopeth  that  bis  Grace  to  them 

fmc-e 


320     The  Parliamentary  HISTORY 

IT.  Qzr.I.jince  that  Time,  in  yielding  to  Jo  many  of  their  De± 
feres,  and  in  agreeing  to  the  Per  Jons  now  recommended 
to  him  by  his  Parliament,  and  the  Power  before  ex- 
prej/ed  to  be  placed  in  them,  will  wholly  difpel  thofe 
fears  and^Jealoufies;  and  ajjitreth  them,  that  as  his 
Majejly  hath  now  applied  this  unufiial  Remedy  to 
their  Doubts,  fo,  if  there  faall  be  Caufe,  he  will 
continue  the  fame  to  fuch  Time  as  foall  be  agreeable 
to  the  fame  Care  he  now  exprejjeth  towards  them. 

And,  in  -this  Anfwer,  his  Majejly  is  fo  far  from 
receding  from  any  Thing  he  promijed,  or  intended  to 
grant,  in  his  Anfwer  to  the  former  Petition,  that  his 
Majejly  hath  hereby  confented  to  all  which  was  then 
ajked  of  him  by  that  Petition  concerning  the  Militia  of 
the  Kingdom,  (except  that  of  London  and  thofe  other 
Corporations)  which  was  to  put  the  fame  into  the 
Hands  of  fuch  Perfons  as  Jhould  be  recommended  un- 
to him  by  both  Houfes  of  Parliament :  And  his  Ma- 
jejly doubts  not  but  the  Parliament,  upon  well  weigh- 
ing the  Particulars  of  this  his  Anfwer,  will  find  the 
fame  more  fatisfaftory  to  their  Ends,  and  the  Peace 
and  Welfare  of  all  his  good  Subjects,  than  the  Way 
propofed  by  this  intended  Ordinance ;  to  which,  for 
thefe  Reafons,  his  Majefly  cannot  confent. 

And  whereas  his  Majefly  obferves,  by  the  Petition 
of  both  Houfes,  prefented  unto  him  by  the  Earl  of 
Portland,  Sir  Thomas  Hele,  and  Sir  William  Sa- 
vile,  That,  in  fome  Places,  fome  Perfons  begin  alrea- 
dy to  intermeddle  of  themfehes  with  the  Militia ;  his 
Majejly  expetleth  that  his  Parliament  Jhould  examine 
the  Particulars  thereof,  it  being  a  Matter  of  high 
Concernment  and  very  great  Confequence. 

And  his  Majejly  requireth,  that  if  it  Jhall  appear 
to  his  Parliament,  that  any  Perfons  whatfoever  have 
prefumed  to  command  the  Militia,  without  lawful 
Authority,  they  may  be  proceeded  againft  according  to 
Law. 

The  Lords,  taking  this  Anfwer  of  the  King's  to 
be  a  Matter  of  the  greateft  Concernment,  fent  it 
down  immediately  to  the  Commons;  and  withall 
ordered,  That  they  would  adjourn  'till  Two  that 

Af- 


Of    ENGLAND.      321 

Afternoon,  to  wait  the  Refolutions  of  that  Houfe  An.  17.  Car.  1, 
upon  it.    Accordingly  a  MefTage  was  fent  from  the     ^_j"l4lv, 
Commons  to  defire  a  Conference,  the  Report  of     J^ 
which  was  made  to  the  Lords  to  this  Effect  : 

*  Some  Votes  of  the  Houfe  of  Commons  were 
read,  upon  the  King's  laft  Anfwer,  viz. 

<  Refohed,  upon  the  Queftion,  by  the  Houfe  of  ^h'5h  both  , 

/-.  J          ^i  t_-      A     r  e  i-     i/r   •    n      •    Houles  vote  to  bfl 

Commons,  That  this  Anfwer  from  his  Majefty  is.a  A-n^  Denial, 
a  direct  Denial  to  the  Defires  of  both  Houfes  of&V. 
Parliament  concerning  the  Militia. 

'  The  Lords  agreed  with  the  Houfe  of  Com- 
mons in  this  Vote. 

'  Refused,  &c.  That  thofe  who  advifed  his  Ma- 
jefty to  give  this  Anfwer,  are  Enemies  to  the  State, 
and  mifchievous  Projectors  againft  the  Safety  of  the 
King  and  Peace  of  this  Kingdom. 

'  The  Lords  agreed  with  them  alfo  in  this  Vote: 

4  Refolved,  &c.  That  this  Denial  is  of  that  dan- 
gerous Confequence,  that  if  his  Majefty  ihould  per- 
iift  in  it,  it  would  hazard  the  Peace  and  Safety  of 
all  his  Kingdoms  ;  unlefs  fome  fpeedy  Remedy  be 
applied,  by  the  Wifdom  and  Authority  of  both 
Houfes  of  Parliament. 

*  Agreed  to  by  the  Lords. 

'  Refolved,  &c.  That  fuch  Parts  of  this  King- 
dom, as  have  put  themfelves  into  aPofture  of  De- 
fence againft  the  common  Danger,  have  done  no- 
thing but  what  is  juftifiable,  and  is  approved  of 
by  this  Houfe. 

'  Agreed  to  by  the  Lords. 

«  Refohed^c.  That  if  his  Majefty  fhall  remove 
into  any  remote  Parts  from  his  Parliament,  it  will 
be  a  great  Hazard  to  the  Kingdom,  and  a  great 
Prejudice  to  the  Proceedings  of  Parliament. 

4  Agreed  to  by  the  Lords. 

«  Refohed,  &c.  That  this  Houfe  holds  it  necef- 
fary  that  his  Majefty  (hould  be  defired,  that  the 
Prince  may  come  to  St.  James's,  or  to  fome  other 
convenient  Place  near  about  London)  and  there  to 
continue. 

'  Agreed  to  by  the  Lords, 

VOL.  X  X  « R* 


322     The  Parliamentary  Hi  STORY 

/n.  17.  Car.  I,      '  Refohed^&c.  That  the  Lords  be  defired  to  join 

1641.        with  this  Houl'e,  in  an  humble  Addrefs  unto  his 

*— *"V"— '    Majefty,  that  he  will  be  pleafed  to  refide  near  his 

irc  '       Parliament,  that  both  Houfes  may  have  a  Conve- 

niency  of  Accefs  unto  him  on  all  Occafions. 

'  Agreed  to  by  the  Lords. 

4  Refohed^  &c.  That  the  Lords  be  moved  to  join 
•with  them,  in  a  full  Courfe  of  Examination,  to  find 
out  the  Perfons  who  gave  his  Majefty  this  Advice, 
that  they  may  be  removed  from  him,  and  brought 
to  condign  Punifhment. 

*  Agreed  to  by  the  Lords. 

'  Refofoed,  &c.  That  no  Charter  can  be  granted 
by  the  King,  to  create  a  Power  in  any  Corporation 
over  the  Militia  of  that  Place,  without  Confent  of 
Parliament. 

4  Agreed  to  by  the  Lords. 

<  Refolved,  &c.  That  the  Lords  fhall  be  defired 
to  appoint  a  feledt  Committee,  that  they  may  join 
with  another  of  a  proportionable  Number  of  the 
Houfe  of  Commons,  to  prepare  what  is  fit  further 
to  be  done  upon  thefe  Votes,  or  upon  any  Thing 
elfe  that  may  arife  upon  thefe  Anfwers  of  the  King's, 
concerning  the  Militia  or  the  Prince  r. 

'  The  Lords  agreed  with  the  Houfe  of  Com- 
mons in  this  Vote  alfo;  and  appointed  a  fele£l 
Committee  of  their  Houfe  accordingly.' 

March  i.  This  Day-the  faid Committee  brought 
in  a  Draught  of  a  Meflage  to  the  King,  on  the  fore- 
going Anfwer  concerning  the  Militia  ;  which  was 
read  in  k&c  Verba  : 

Moft  Gracious  Sovereign, 

STdSrSj  £  V9ur  MaJe%'s  moft  loyal  and  obedient  Sub- 

will  difpofe  of  '    X     je&s»  the  Lords  and  Commons  in  Parlia- 

the  Militia  with- «  ment,   do  find  their  juft  Apprehenfions  of  Sor- 

it  the  King.      t  row  and  p         in  re(pe(ct  Of  tne  pub!ic  Dangers 

«  and  Miferies  like  to  fall  upon  your  Majefty  and 

«the 

*  By  the  Commons  Jmirnah  it  fcems  as  if  they  were  ftill  jea- 
lous that  the  Prince  of  Walci  would  be  traniported  out  of  the 
Kingdom, 


Of    E  N  G  L  A  N  D.      323 

*  the  Kingdom,  to  be  much  encreafed,  upon  the  An.  17.  Car.  lt 
'  Receipt  of  your  unexpected  Denial  of  their  moft        l64I- 

'  humble  and  neceflary  Petition,  concerning  the    ^M^*"^ 
'  Militia  of  the  Kingdom;  efpecially  grieving  that 
'  wicked  and  mifchievous  Counfellors  fhould  ftill 
'  have  that  Power  with  your  Majefty,  as,  in  this 

*  Time  of  imminent  and  approaching  Ruin,  rather 

*  to  incline  your  Refolutions  to  that  which  is  apt 
'  to  further  the  Accomplifhment  of  the  Defines  of 
'  the  moft  malignant  Enemies  of  God's  true  Re- 

*  ligion,  and  of  the  Peace  and  Safety  of  yourfelf 
'  and  your  Kingdom,  than  to  the  dutiful  and  faith- 
'  ful  Counfel  of  your  Parliament. 

'  Wherefore  they  are  enforced,  in  all  Humility,  to 

*  proteft,  That  if  your  Majefty  fhall  perfift  in  that 
'  Denial  the  Dangers  and  Diftempers  of  the  King- 

*  dom  are  fuch  as  will  endure  no  longer  Delay  : 
'  But  unlefs  you  (hall  be  gracioufly  pleafed  to  afiure 
'  them,  by  thefe  Meflengers,  that  you  will  fpee- 

*  dily  apply  your  Royal  Aflent  to  the  Satisfaction 

*  of  their  former  Defires,  they  fhall  be  enforced, 

*  for  the  Safety  of  your  Majefty  and  your  King- 
«  doms,  to  difpofe  of  the  Militia  by  the  Authority 
'  of  both  Houfes,  in  fuch  Manner  as  hath  been 
'  propounded  to  your  Majefty ;  and  they  refolve  to 

*  do  it  accordingly. 

*  They  likewife  moft  humbly  befeech  your  Ma- 
'  jefty  to  believe,  That  the  dangerous  and  defperate 

*  Defign  upon  the  Houfe  of  Commons,  mentioned 
'  in  their  Preamble,  was  not  inferted  with  any  In- 
'  tention  to  caft  the  leaft  Afperfion  upon  your  Ma- 
'  jefty;  but  therein  they  reflected  upon  that  malig- 
'  nant  Party,  of  whofe  bloody  and  malicious  Prac- 
'  tices  they  have  had  fo  often  Experience,  and  from 
'  which  they  can  never  be  fecure,  unlefs  your  Ma- 
'  jefty  will  be  pleafed  to  put  from  you  thofe  wicked 

*  and  unfaithful  Counfellors,  who  interpofe  their 

*  own  corrupt  and  malicious  Defigns  betwixt  your 

*  Majefty's  Goodnefs  and  Wifdom,  and  the  Pro- 
'  fperity  and  Contentment  of  yourfelf  and  of  your 

*  People  :  And  that  for  the  Difpatch  of  the  great 

*  Affairs  of  the  Kingdom,  the  Safety  of  your  Per- 

X  2  fon, 


3  24     Tke  Parliamentary  HISTORY 

An.  17.  Car.  I.  *  fon>  the  Protection  and  Comfort  of  your  Sub- 
«_— 4— '  i  '  jects,  you  will  be  pieafed  to  continue  your  Abode 
'  near  to  London  and  the  Parliament,  and  not  to 
'  withdraw  yourfelf  to  any  other  remoter  Parts ; 
'  which,  if  your  Majefty  fhould  do,  muft  needs  be 
'  a  Caufe  of  great  Danger  and  Diftraclion. 

'  That  your  Majefty  will  likewife  be  gracioufly 
'  pieafed  to  continue  the  Prince's  Highnefs  in  thefe 
'  Parts,  at  St.  James's  or  any  other  of  your  Houfes 

*  near  London ;  whereby  the  Defigns  which  the 
'  Enemies  of  the  Religion  and  Peace  of  this  King- 
«  dom  may  have  upon  his  Perfon,  and  the  Jealou- 

4  fies  and  Fears  of  your  People  may  be  prevented. 

*  And  they  befeech  your  Majefty  to  be  informed 
4  by  them,  That,  by  the  Laws  of  the  Kingdom, 
'  the  Power  of  railing,  ordering,  and  difpofing  the 
«  Militia,  within  any  City,  Town,  or  other  Place, 
'  cannot  be  granted  to  any  Corporation  by  Charter, 

*  or  otherwite,  without  the  Authority  and  Confent 

*  of  Parliament;  and  that  thofe  Parts  of  the  King- 
'  dom,  which  have  put  themfelves  in  a  Pofture  of 
'  Defence  againft  the  common  Danger,  have  there- 
4  in  done  nothing,  but  according  to  the  Declara- 

*  don  and  Direction  of  both  Houfes,  and  what  is 
4  juftifiable  by  all  the  Laws  of  this  Kingdom. 

*  All  which  their  moft  humble  Counfel  and  De- 
«  fires  they  pray  your  Majefty  to  accept,  as  the 

*  Effect  of  that  Duty  and  Allegiance  which  they 

*  owe  unto  you,  and  which  will  not  fuffer  them  to 

*  admit  of  any  Thoughts,  Intentions,  or  Endea- 
4  vours,  but  fuch  as  are  neceflary  and  advantageous 
c  for  your  Majefty's  Greatnefs  and  Honour,  and 
4  the  Safety  and  Profperity  of  the  Kingdom,  ac- 

*  cording  to  that  Truft  and  Power  which  the  Laws 
4  have  repofed  in  them.' 

March  2.  The  aforefaid  Meflage  having  been 
prefented  to  the  King,  at  Theobalds,  his  Majefty 
return'd  the  following  Anfwer  : 

The  King's  Re-  T  Am  fo  much  amazed  at  this  Meffage,  that  I  know 

abldelfv  'hi"  kft       not  W^at  to  anfwer'     Y°u  fPeak  °f  Jeahufies  and 
Anfwer!    '    *  Fears :  Lay  your  Hands  to  your  Hearts,  andajk 


Of    E  N  G  L  A  N  D.      325 

felves,  whether  I  may  not  likewife  be  dijlurbed  zvifkAn.  17.  Car.  I, 
Fears  and  Jealottfies  :  And  if  fa,  I  ajfure  you  this 
Meffage  bath  nothing  lejjened  them. 

For  the  Militia ;  /  thought  fo  much  of  it  before  I 

fent  that  Anfiiuer,  and  am  fo  much  ajjured  that  the 
Answer  is  agreeable  to  what,  in  yuftice  or  Reafon, 

you  can  ajk,  or  I  in  Honour  grant,  that  I  Jhall  not 
alter  it  in  any  Point. 

For  my  Rejidence  near  you;  I  wijh  it  might  be  fo 

fafe  and  honourable,  that  1  had  no  Caufe  to  abfent 
my f elf  from  Whitehall :  AJk  yourfehes  whether  / 
have  not. 

For  my  Son ;  /  Jhall  take  that  Care  of  him,  which 

Jhall  jujlify  me  to  God  as  a  Father ',  and  to  my  Do- 
minions as  a  King. 

To  conclude :  I  ajfure  you,  upon  my  Honour,  that  I 
have  no  Thought  but  of  Peace  andjuftice  to  my  People, 
which  I  Jhall,  by  all  fair  Means,  feek  to  preferve  and 
maintain ;  relying  upon  the  Goodnefs  and  Providence 
of  God,  for  the  Prefervation  of  myfelf  and  Rights. 

This  Anfwer  being  made  known  to  both  Houfes, 
the  Commons  fent  up  to  defire  a  Conference  about 
it;  the  Report  of  which  was,  That  the  Commons  The  Parliament 
had  confidered  much  of  it,  and  did  ftill  think  it  fit'nfift  "P°n  the« 
that  their  MefTage  to  the  King  fhould  be  infifted  on.  Declaration> 
They  offer'd,  alfo,  the  following  Refolutions  which 
their  Houfe  had  made,  and  defired  their  Lordfhips 
Concurrence  : 

'  Refolved,  by  the  Houfe  of  Commons,  on  the  And  rdblveto 
Queftion,  That  the  Kingdom  be  forthwith  put Put  the  Ki"f- 
into  a  Pofture  of  Defence,  by  Authority  of  Par-^' 
liament,  in  fuch  a  Way  as  is  already  agreed  on  by  Sfc. 
both  Houfes.' 

'  Refolved,  &c.  That  a  Committee  be  appointed 
to  prepare  a  Declaration  upon  thefe  two  Heads  : 

I/?,  *  To  lay  down  the  juft  Caufes  of  the  Fears 
and  Jealoufies  given  to  this  Houfe,  and  to  clear  this 
Houfe  from  any  Jealoufies  conceived  againft  it. 

idly,  '  To  confider  of  all  Matters  that  may  arife 
on  this  Meflage,  and  to  declare  their  Opinions  what 
is  fit  to  be  done  upon  it.' 

X  3  The 


326     The  Parliamentary  HISTORY 

An.  17.  Car.  I.     The  Lords  taking  thefe  Refolutions  into  Confi- 
3^1'    j  deration,  after  a  lerious  Debate,  agreed  to  the  firft; 
March        whereupon  the  following  Peers  entered  their  Dif- 
fent  againft  it : 

Proteft  thereon    £//.LlNDS£        £     ^    £tfr/ */"  PORTLAND. 

jn  the  Houfe  of  '   J      ~,        ,      ,    •  T       ,  *.  < 

Great  Chamberlain.        Lord  MOWBRAY. 
Earl  of  BATH.  Lord  WILLOUGHBY  dt 

Earl  of  SOUTHAMPTON.        Erefby. 
Earl  of  NORTH  AMP-    Lord  GREY. 

TON.  Lord  DUNSMORE. 

Earl  0/"MoN MOUTH.       Lord  SEYMOUR. 
Earl  of  CLEVELAND.        Lord  CAPEL. 

The  fecond  Refolution  was,  wholly,  agreed  to ; 
after  which  both  Houfes,  by  Confent,  adjourned 
to  the  4th  of  this  Month,  to  give  Time  for  their 
joint  Committee  to  meet  nt  Merchant-Taylors- Hall, 
and  prepare  Matters  accordingly. 

March  4.  A  Bill  had  been  fent  up  by  the  Houfe 
of  Commons,  intitled,  An  Aft  for  the  clearing  and 
'vindicating  of  the  Lord  Kimbolton,  and  the  five 
Members,  from  a  late  feigned  Charge,  or  Accufa- 
tion,  of  High  Treafon  ;  which  was  read  a  fecond 
Time  this  Day  by  the  Lords,  and  committed. 

The  Bill  againft  the  impeached  Bifhops  being 
now  depending  in  the  Houfe  of  Commons,  an  Or- 
der was  made,  That  they  fhould  be  heard  by  them- 
felves,  or  by  Petition,  at  the  Bar  of  that  Houfe,  as 
this  Day.  The  Bifhops  of  Durham ',  and  of  Lich- 
field  and  Coventry  m  appeared  there,  and  fpoke  in 
their  own  Defence.  The  Speech  of  the  latter  was 
publifhed  at  that  Time,  and  is  ftill  preferved  in  our 
Collections  ;  which  we  give  here  as  follows  :  n 

Mr.  Speaker, 

S  it  hath  been  ever  my  Faftiion,  and  in 
Truth  it  is  my  Difpofition,  to  endeavour, 
e,  at  the  leaft,  to  give  Satisfaction  to  every  Man,  even 
15  theBarof  theto  the  meaneft,  that  hath  had  any  fmifter  Concep- 

Houfe  of  Com-  J 

tlons 

1  Dr.  Thomas  Moreten. 

»  Dr.  Robert  Wright.     He  died  in  1642. 

n  Printed  by  Richard  Lowndes,  without  Ludgate,  1641, 


Of    E  N  G  L  A  N  D.      327 

tions  of  me,  be  it  Scandalum  datum  or  acceptum ;  An.  17.  Car  I, 
fo  hath  it  been  my  Ambition,  and  I  have  fought  it    "   l64I- 
with  Affection,  as  to  all  Men,  fo  much  more  to    v—"^— —' 
this  Honourable  AfTembly,  efpecially  concerning 
the  late  Petition  and  Proteftation  exhibited  unto  his 
Sacred  Majefty,  and  the  Lords  and  Peers  in  Par- 
liament.    But,  in  the  firft  Place,  Mr.  Speaker,  I 
am,  as  it  becomes  me,  to  give  moft  hearty  and 
condign  Thanks  to  the  Noble  Knights,  Citizens, 
and  Burgeffes  of  this  Honourable  Houfe  of  Com- 
mons ;  for  that  they  have  been  pleafed,  by  a  gene- 
ral Vote,  and  I  hope  unanimous,  to  give  me  Leave 
to  fpeak  for  myfelf;  and  to  Jay  open  the  Truth  of 
my  Caufe,  concerning  the  faid  Petition  and  Pro- 
teftation, before  them. 

'  And  now,  Mr.  Speaker,  to  addrefs  myfelf  to  the 
Bufmefs  ;  whereof  I  mail  not  fpeak  as  a  Lawyer, 
for  1  have  no  Head  for  Law ;  neither  fhall  I  need 
to  touch  upon  any  Point  thereof,  as  a  flourifhing 
Orator  defirous  to  hear  himfelf  fpeak:  I  have  long 
fince  laid  afide  my  Books  of  Rhetoric.  My  Defire 
is,  Mr.  Speaker,  to  tread  in  the  Steps  of  an  old 
Divine,  of  whom  Sozomen  writes  in  his  Ecclefia- 
ftical  Hiftory,  who,  groaning  under  the  like  heavy 
Burden  and  Accufation  as  I  do,  chofe  rather  to 
vent  his  own  Senfe,  and  exprefs  the  Truth  of  his 
Caufe  in  plain  Language,  than  to  colour  or  cloak 
Falfhood  ;  or  to  extenuate  his  Offence,  by  forced, 
trapp'd,  and  new  varnifti'd  Eloquence :  And  to  that 
Purpofe  my  Conceptions  and  Narration  fhall  ftand 
only  upon  two  Feet,  Negation  and  Affirmation. 

'  There  are  fome  Things  that  I  muft  deny,  and 
yet  juftly ;  fomewhat  I  muft  affirm,  and  that  I  mall 
do  ingenuoufly  and  fully. 

'  Firft  ^  for  the  Negative:  I  never  framed,  made, 
nor  contrived,  compiled  or  preferred,  any  fuch  Pe- 
tition or  Proteftation.  I  never  was  at  any  Meet- 
ing, Confultation  or  Conference,  about  any  fuch 
Bufmefs ;  nay,  I  never  heard  of  any  Intention, 
much  lefs  Execution,  of  any  fuch  Thing,  untill  it 
was  the  Wednesday  in  Cbriftmas,  being  the  2Qth  of 
December ;  at  which  Time  it  was  brought  unto 

my 


328     ^he  Parliamentary  HISTORV 

An.  17.  Car.  I.  my  Houfe  in  Cwent-Garden,  being  betwixt  Six  and 
l64J-        Seven  at  Night,  (fubfcribed  by  fome  of  my  Bre- 
v. — s- ^j    thren)  with  a  Requeft,  that  I  would  fubfcribe  fud- 
March'       denlyalfo. 

*  Next,  for  the  Affirmative  :  Prefuming  that  fo 
learned,  grave,  and  wife  Men,  well  verfed  in  Mat- 
ters of  that  Nature,  would  not  have  attempted  any 
fuch  Thing,  without  good  Counfel,  to  the  En- 
dangering of  themfelves  and  their  Brethren,  and 
to  the  Diftafte  of  the  Lords ;  and  that  all  the  reft  of 
the  Bifhops,  in  and  about  the  City  of  London  and 
Wcjlminjler^  would  fubfcribe  thereunto  j  and  that 
It  ihould  not  be  preferred,  without  the  Approba- 
tion and  mature  Deliberation  of  good  Counfel,  and 
of  us  all,  I  made  one,  and  fet  my  Hand  thereto} 
which  I  do  now  acknowledge,  and  never  yet  de- 
nied ;  nay,  the  firft  Time  that  I  came  to  the  Bar  in 
the  Lords  Houfe,  I  acknowledged  that  my  Hand 
was  to  it ;  and  divers  of  this  Honourable  Prefence 
heard  it  fo  read  unto  them,  out  of  the  journal  of 
the  Lords  Houfe. 

'  Now,  Mr.  Speaker,  if  thefe  my  deceived  and 
deceiving  Thoughts  (to  ufe  St.  Bernard's  Phrafe) 
have  led  me  into  an  Error,  the  Error  is  either 
ex  Ignorantia  Juris,  an  Unfkilfulnefs  in  the  Law, 
or  Debilitate  Judicii,  a  Weaknefs  of  my  Appre- 
henflon  ;  elfe  ex  nlmia  Crediditate^  out  of  my  too 
much  Confidence  in  others  ;  not  of  any  prepenfed 
Malice,  or  out  of  a  Spirit  of  ContradicTion,  as  the 
Lord  knoweth.  The  Schoolmen  tell  me,  that 
Duo  funt  in  omni  Peccato^  there  is  Aftio  &  Malitia 
Attlonis ;  I  own  the  AcTion,  the  Subfcription  is 
mine ;  but  that  there  was  any  Malice  in  the  Action 
(to  crofs  any  Vote,  at  which  I  was  not  prefent)  I 
utterly  difavow. 

'  And  therefore,  Mr.  Speaker,  I  fhall  become 
an  humble  Suitor,  that  I  may  recommend  three 
moft  humble  Requefts,  or  Motions,  to  this  Ho- 
nourable Houfe. 

4  This^j/?  Motion  is,That  you  would  be  pleafed 
to  tread  in  the  Steps  of  Conjlantine  the  Chriftian 
Emperor,  who  had  ever  this  Refolution,  That  if  he 

fhould 


Of    E  N  G  L  AN  D.     329 

fiiould  fee  Sacerdotem  peccantem,  an  offending  Di-  An.  if. 
vine,  he  would  rather  caft  his  Purple  Garment  up-        l64>1* 
on  him,  than  reveal  the  Offence,  for  the  GofpeFs    ^T^ 
Sake  of  Chrifl. 

*  My  fecond  Motion  is,  That  if  my  Subfcrip- 
tion  (hall  make  me  a  Delinquent,  and  worthy  of 
any  Cenfure,  that  then  the  Cenfure  may  not  ex* 
ceed,  but,  at  the  higheft,  be  proportionable  to  the 
Offence. 

'  The  third  and  loft  Motion  is,  That  that  Saying 
of  Plautus  (after  my  fifty-eight  Years  painful,  con- 
ftant,  and  fuccefsful  preaching  of  the  Gofpel  of 
Ckrift,  in  the  Kingdom  of  England^  and  in  Foreign 
Parts)  may  not  be  verified  of  me,  Si  quid  bene  fece- 
ris,  levior  Plurna  eft  Gratia;  ft  quid  Mali  feceris, 
plumbeas  Iras  geruni. 

'  And  now,  Mr.  Speaker,  I  might  here  tender 
divers  Motions  to  the  Confideration  of  this  Ho- 
nourable Houfe,  for  favourable  Conftrudion  of  my 
ram  Subfcription,  I  may  fay  Commiferation;  yet 
all  without  Oftentation,  that  is  far  from  me;  but 
rather  for  the  Confolation  of  my  perplexed  Soul  ; 
for  the  great  Affliction,  Reftraint,  and  Difgrace, 
which  I  have  long  fuftainedj  (which  is  far  greater 
than  ever  I  endured  before,  and  tranfcends  the 
Dangers  and  Jeopardies  of  the  Seas,  and  the  Mife- 
ries  of  the  Wars,  whereof  I  have  had  my  Share) 
and  partly  for  the  Vindication  of  my  former  Repu- 
tation, Calling,  and  Profeflion ;  which  is  now  fo 
clouded,  eclips'd,  and  blacken'd  in  the  Eyes  of  the 
World,  and  fcandaliz'd  in  the  Mouths  of  the  vul- 
gar Multitude ;  that,  without  Reparation,  and  Re- 
ftoration  to  my  former  Efteem,  I  mall  never  have 
Heart  to  fhew  my  Face  in  the  Pulpit  any  more, 
wherein  I  have  wifhed  to  end  my  Days. 

'  But  I  wave  all  thefe,  becaufe  I  will  not  detain 
you  from  other  Occafions  of  greater  Importance ; 
and  defire  my  Ways  may  be  made  known  unto 
you,  rather  by  Inquifition,  than  my  own  Relation; 
only  I  mail  appeal  to  the  Noble  Knights,  Citi- 
zens, and  BurgefTes  of  the  Diocefe  where  I  now 
Jive  3  and  of  the  other  wherein  formerly  I  did  live, 


330     The  Parliamentary  HISTORY 

17.  Car.  I.  as  namely  the  Honourable  City  of  Bri/lol-y  which 
1641.  j  can  never  name  without  that  Title,  not  only  in 
^^  refpecT:  of  their  Piety,  Unity,  and  Conformity,  but 
alfo  in  refpeft  of  their  Love,  Kindnefs,  and  extra- 
ordinary Bounty  unto  me.  I  appeal  to  them,  for 
their  Teftimonies  and  Knowledge  of  my  Courfes 
amongft  them ;  nay,  I  appeal  to  the  Records  of  that 
Honourable  Houfe,  where,  I  am  confident,  after 
fixteen  Months  fitting,  there  is  nothing  found  that 
can  trench  upon  me,  neither,  I  hope,  will  nor  may 
be. 

(  And  therefore  my  humble  Suit  is  for  Expedi- 
tion, if  you  intend  Accufation ;  or  rather  for  your 
Mediation,  that  I  may  fpeedily  return  to  my  own 
Home  and  Cure,  to  redeem  the  Time  becaufe  the 
Days  are  Evil,  as  the  Apoftle  fpeaks ;  and  to  re- 
gain the  Efteem  and  Reputation  which  I  was  long 
in  getting,  and  long  enjoyed,  but  loft  in  a  Mo- 
ment; for  if  I  fhould  out-live  (I  fay  not  my  Bi- 
fhoprick,  but)  my  Credit,  my  grey  Hairs  and  many 
Years  would  foon  be  brought  with  Sorrow  to  the 
Grave. 

*  I  have  done,  Mr.  Speaker;  and  there  remains 
nothing  now  but  that  I  become  a  Petitioner  unto 
Almighty  God,  That  he  will  be  pleafed  to  beftow 
upon  you  all  the  Patriarch's  Bleflings,  even  the  Dew 
of  Heaven,  and  the  Fatnefs  of  the  Earth  :  And  I 
end  with  that  of  St.  Jade,  Mercy,  Peace^  and  Love 
le  multiplied  unto  you;  I  fay  again,  with  a  religious 
and  affe&ionate  Heart,  Mercy ,  Peace,  and  Love  be 
multiplied  unto  you.' 

March  5.  The  Ordinance  concerning  the  Militia 
was  again  read  by  the  Lords,  and  the  King's  Name 
and  Authority  wholly  left  out  of  it.  Hereupon  one 
of  the  Lords  ftarting  a  Doubt,That  it  was  a  Scruple 
to  his  Confcience  whether  this  Ordinance  doth  not 
intrench  upon  the  Oath  of  Allegiance?  That  Oath 
was  read,  and  it  was  refolved,  upon  the  Queflion, 
/  Nem.  Con,  '  That  the  pafling  of  this  Ordinance, 
now  read,  is  not  any  way  againft  the  Oath  of  Al- 
legiance.' Then  it  was  refolvedj  '  That  this  Or- 
dinance 


Of     ENGLAND.     331 

finance  of  the  Lords  and  Commons  in  Parliament,  An.  17.  Car.  i* 
for  the  Safety  of  the  Kingdom  of  England  and  Do-        l64*« 
minion  of  Wales,  fhall  pals  °.     The  laft  mention'd    **— ~v— -1 
Peers,  with  the  Earl  of  Devon,  the  Lords  Rich, 
Howard  de  Gharlton  and  Savile,  diflenting.  The  Ordinance 

Whitlocke  writes,  'That  thefe  Votes  and  Re-PaJVd for fettling 
folutions  were  carried  thro'  the  Houfe  of  Commons,  p^^mem'  b/ 
chiefly,  by  the  Opinions  and  Encouragement  of  without  the 
Pymme,  Ha?npden,  Holies,  and  Stapylton;  with  the  King. 
Lawyers,  St.  John,  Corbet,  Lijle,  and  others.  In 
the  Houfe  of  Lords,  he  fays,  the  Lord-Keeper  Lit- 
tleton was  very  confident  in  his  Opinion  of  it,  and 
concurred  with  the  Commons.  The  Arguments 
urged  in  Favour  of  the  Ordinance  were,  '  That  the 
Lords  and  Commons,  in  cafe  of  the  King's  Mino- 
rity, Sicknefs,  or  Abfence,  had  done  the  fame  in 
other  Times;  as  when  Henrylll.  died,  and  his  Son 
Edward  I.  was  in  the  Holy  Land,  and  came  not 
home  in  almoft  two  Years  after  his  Father's  Death; 
yet,  in  the  mean  Time,  the  Lords  and  Commons 
appointed  Lieutenants  in  the  feveral  Counties,  and 
made  feveral  Ordinances,  which  are  or  Force  at 
this  Day  :  So  are  the  Ordinances  made  by  them  in 
the  Minority  of  Henry  VI.  upon  the  Difference 
between  him  and  the  Duke  of  Tork ;  and  the  Or- 
dinances in  the  Minority  of  Edward  VI.  and  in 
other  Times  : 

'  That  the  King  was  now  abfent,  and,  having 
called  his  Parliament  at  Wejlminjler,  was  himfelf 
gone  as  far  from  them  as  York;  and  had,  before  he 
came  thither,  and  fmce,  appeared  with  warlike 
Forces  about  him,  to  the  Terror  of  the  Parlia- 
ment. 

*  That  the  Bufmefs  of  Ireland  and  other  threat- 
ening Dangers  gave  too  much  Caufe  of  Fears  and 
Jealoufies  to  the  Parliament,  and  to  ftand  upon  their 
Guard,  for  Defence  of  themfelves  and  the  King- 
dom; 

o  The  Ordinance  at  large,  as  pafled  by  both  Houfes,  we  pur- 
pofely  omit,  it  being  the  fame  as  the  Draught  before  given  at  p.  281, 
excepting  the  Omiffion  of  the  King's  Name  and  Authority  through-  % 

out,  and  the  filling  up  the  Blanks  of  the  Lieutenancies  with  the 
Names  of  the  fame  Perfons  whom  the  Commons  had  recommended 
to  the  King  j  a  Lift  of  whom  are  to  be  found  at  p.  283. 


332     The  Parliamentary  HISTORY 

An,  17.  Gar.  I.  dom;  without  which  the  King  would  fo  grow  upon 
1641.  them,  and  his  evil  Counfellors  fo  prevail,  that  they 
** — v/"7"~'  would  undoubtedly  bring  their  Defigns  to  pafs,  of  a 
'rc  '  fpeedy  introducing  of  Popery  and  Tyranny:  Where- 
as, if  they  faw  the  Parliament  in  a  good  Pofture  of 
Defence,  and  that  the  People  generally  would  ad- 
here to  them,  as  no  Doubt  but  they  would,  that 
then  the  King  would  be  brought  to  a  good  Accom- 
modation and  Agreement  with  his  Parliament, 
without  a  Blow  to  be  ftruck  between  them ;  where- 
by they  fhould  preferve  the  juft  Rights  and  Liber- 
ties of  the  Subject,  the  Privilege  of  Parliament, 
themfelves  and  their  Friends,  and  the  Proteftant 
Religion,  from  Ruin ;  which,  without  this  Ap- 
pearance only  of  Arms,  or  Power  to  arm  if  there 
ihould  be  Occafion,  would  unavoidably  be  brought 
to  pafs.' 

The  Memorlalift  adds,  *  That  thefe  Arguments, 
together  with  the  folemn  Proteftations  of  the  mod 
powerful  and  active  Members,  '  That  they  had 
hot  the  leaft  Purpofe  or  Intention  of  any  War  with 
the  King,  but  to  arm  themfelves  for  their  neceflary 
Defence,  prevailed  with  moft  Men  to  keep  their 
Station,  and,  at  prefent,  to  accept  Commiflions  of 
Deputy-Lieutenancy:  That  accordingly  Mr.  May- 
nardy  Mr.  Glynne,  Mr.  Grimftltu,  Mr.  St.  John, 
Mr.  Selden  P,  and  divers  other  Gentlemen  of  great 
Parts  and  Intereft  accepted  of  the  like  Commif- 
fions,  and  continued  their  Service  in  the  Parlia- 
ment '  -But  that  Mr.  Palmer,  Mr.  Hyde,  Mr.  Bridg- 
man,  and  divers  other  eminent  Lawyers  and  Gen- 
tlemen, who  had  given  their  Opinions  pofitively 
againft  the  Ordinance,  left  the  Houfe  upon  the 
pafling  of  it.' 

Farther  Rcfolu-  To  ftreiigthen  this  Ordinance  of  Parliament, 
tions  relating  to  there  were  fome  more  Refolutions  of  the  Commons, 
the  Militia.  read  and  agreed  to  by  the  Lords>  w-z<  That  the  feve- 

ral  Commiflions,  granted  under  the  Great  Seal,  for 

Lieutenancies  of  Counties,  were  illegal  and  void  : 

,  That 

p  Lord  Clarendon  fays,  Mr.  Selden  oppofed  this  Ordinance  for 
the  Militia  very  warmly  5  but  he  agrees  with  Mr.  JPlitlocke  as  to 
the  Opinion  of  the  Lord-Keeper  Littiacn, 


Of    ENGLAND.      333 

That  fuch  Commiflions  {hould  be  all  called  in  and  A 
cancelled  :  That  whofoever  {hall  execute  any  fuch 
Power  again,  without  the  Confent  of  Parliament, 
{hall  be  accounted  a  Difturber  of  the  Peace  of  the 
Kingdom.  But  to  thefe  Refolutions  the  Earl  of 
Southampton^  with  the  Lords  Moiubray,  Howard^ 
and  Seymour ',  entered  their  Diffent. 

TheHoufe  of  Commons  having  fent  up  the  Form 
of  a  Declaration  to  be  prefented  to  the  King,  to 
which  they  defired  their  Lordfliips  Concurrence, 
and  the  fame  being  read,  the  Debate  of  it  was  put 
off  till  Monday  the  yth;  and,  in  the  mean  Time,  a 
Conference  was  defired  with  the  Commons,  to 
know  of  them  what  Proofs  could  be  offered  to  fa- 
tisfy  fuch  Lords  who  doubted  the  Truth  of  fome 
Particulars  in  that  Declaration.  Accordingly,  on 
that  Day,  a  Conference  was  held ;  and,  after  it, 
the  Declaration  was  again  read  in  the  Houfe  of 
Lords,  as  follows : 

May  it  pleafe  your  Majefty, 

e  A  Lthough  the  Expreflions  in  your  Majefty 's  The  Declaration 
'  X\.  Meffage,  of  the  2d  of  this  Inftant  March,0^^™^^ 
1  do  give  juft  Caufe  of  Sorrow  to  your  faithful  Sub-  caufes  of  their 
c  je£b,  the  Lords  and  Commons  in  Parliament ;  Jealoufies  and 

*  yet  it  is  not  without  fome  Mixture  of  Confidence Fears* 
e  and  Hope,  considering  they  proceeded  from  the 

c  Mifapprehenfion  of  our  Actions  and  Intentions; 
6  which,  having  no  Ground  of  Truth  or  Reality, 

*  may,  by  your  Majefty's  Juftice  and  Wifdom,  be 

*  removed,  when  your  Majefty  {hall  be  fully  in- 
'  formed  that  thofe  Fears  and  Jealoufies  of  ours, 
'  which  your  Majefty  thinks  to  be  caufelefs,  and 
£  Without  any  juft  Ground,  do  neceffarily  and  clear- 

*  ly  arife  from  thofe  Dangers  and  Diftempers,  into 

*  which  the  mifchievous  and  evilCounfels  about  you. 
c  have  brought  this  Kingdom ;  and  that  thofe  other 

*  Fears  and  Jealoufies,  by  which  your  Favour, 
'  your  Royal  Prefence  and  Confidence,  have  been 

*  withdrawn  from  your  Parliament,  have  noFoun- 

'  dation 


334     3%e  Parliamentary  HISTORY 

^ation  or  Subfiftance  in  any  Action,  Intention, 
^_  '  or  Mifcarriage  of  ours ;  but  are  meerly  grounded 

Alarch,  '  upon  the  Falfhood  and  Malice  of  thofe,  who,  for 
'  the  fupporting  and  fomenting  their  own  wicked 
'  Defigns  againft  the  Religion  and  Peace  of  the 
'  Kingdom,  do  feek  to  deprive  your  Majefty  of  the 
6  Strength  and  Affection  of  your  People,  and  them 

*  of  your  Grace  and  Protection ;  thereby  to  fubjec~l 

*  both  your  Royal  Perfon  and  the  whole  Kingdom 

*  to  Ruin  and  DeftrudYion. 

'  To  fatisfy  your  Majefty's  Judgment  and  Con- 
f  fcience  in  both  thefe  Points,  we  defire  to  make  a 

*  clear  and  free  Declaration  of  the  Caufes  of  our 

*  Fears  and  Jealoufies,  which  we  offer  to  your  Ma- 

*  jefty,  in  thefe  Particulars  : 

i/?,  '  That  the  Defign  of  altering  Religion  in 

*  this,  and  in  your  other  Kingdoms,  hath  been 

*  potently  carried  on  by  thofe  in  greateft  Authority 

*  about  you  for  divers  Years  together;  the  Queen's 

*  Agent  at  Rome,  and  the  Pope's  Agent  or  Nuncio 
'  here,  are  not  only  Evidences  of  this  Defign,  but 
'  have  been  great  Actors  in  it. 

zdly,  '  That  the  War  with  Scotland  was  procur'd 

*  to  make  Way  for  this  Intent,  and  chiefly  invited 
c  and  fomented  by  the  Papifts,  and  others  Popifhly 

*  affected ;  whereof  we  have  many  Evidences,  efpe- 

*  cially  their  free  and  general  Contribution  to  it. 

3*//y,  '  That  the  Rebellion  in  Ireland  was  framed 

*  and  contrived  here  in  England;  and  that  the  Eng- 

*  lijh  Papifts  mould  have  rifen  about  the  fameTime, 

*  we  have  feveral  Teftimonies  and  Advertifements 

*  from  Ireland;  and  that  it  is  a  common  Speech  a- 

*  mongft  the  Rebels,  (wherewith  concur  other  Evi- 

*  dences  and  Obfervations  of  the  fufpicious  Meet- 
'  ings  and  Confutations;  the  tumultuary  and  fedi- 

*  tious  Carriage  of  thofe  of  that  Religion  in  divers 

*  Parts  of  this  Kingdom,  about  the  Time  of  tha 

*  breaking  out  of  the  Irlfh  Rebellion  ;  the  Depofi- 

*  tion  of  O' 'Connelly;  the  Information  of  Mr.  Colet 
6  Minifter;  the  Letter  of  Treftram  Whitcombe;  the 
'  Depofition  of  Thomas  Grant,  and  many  others 

*  which 


Of    ENGLAND.       335 

4  which  we  may  produce,  do  all  agree  in  this)  and  An.  17.  Car,  I, 

4  the  public  Declaration  of  the  Lords,  Gentlemen,        l641* 

4  and  others  of  the  Pale,  that  they  would  join  with    U^rjpJ 

4  the  Rebels,  whom  they  call  the  Irijh  Army,  or 

4  any  other,  to  recover  unto  his  Majefty  his  Royal 

4  Prerogative,  wrefted  from  him  by  the  Puritan  Fac- 

4  tion  in  the  Houfes  of  Parliament  in  England;  and 

4  to  maintain  the  fame  againft  all  others ;  as  alfo  to 

4  maintain  Epifcopal  Jurifdiclion,  and  theLawful- 

4  nefs  thereof:  Thefe  two  being  the  Quarrels,  upon 

'  which  his  Majefty's  late  Army  in  the  North  {hould 

'  have  been  incenfed  againft  us. 

4  The  great  Caufe  we  have  to  fear  that  the  late 

*  Defign,  ftyled  The  Queen's  pious  Intention,  was 
4  for  the  Alteration  of  Religion  in  this  Kingdom  ; 
4  for  Succefs  whereof  the  Pope's  Nuncio,  the  Count 
4  Rofetti,  enjoined  Fafting  and  Praying  to  be  obfer- 
4  ved  every  Week  by  the  Englijh  Papifts ;  which 
4  appeared  to  us  by  one  of  the  original  Letters,  di- 
4  reeled,  by  him,  to  a  Prieft  in  Lancajhire. 

4  The  Boldnefs  of  the  Irijh  Rebels,  in  affirming 

*  they  do  nothing  but  by  Authority  from  the  King  ; 
4  that  they  call  themfelves  the  Queen's  Army ; 
4  that  the  Prey  or  Booty  which  they  take  from 
4  the  Englijh,  they  mark  with  the  Queen's  Mark; 
4  that  their  Purpofe  was  to  come  to  England,  after 
4  they    had  done  in   Ireland;    and  fundry  other 
4  Things  of  this  Kind,  proved  by  O 'Connelly,  and 
4  divers  others,  efpecially   in  the  afore-mentioned 
<  Letter  from  Treftram  Whitcombe,  the  Mayor  of 
4  Kingfale,  to  his   Brother  Benjamin  Whitcombe* 
4  wherein  there  is  this  Paflage,  That  many  other 
4  ftrange  Speeches  they  utter,    about  Religion  and 
4  our  Court  of  England,  which  he  dares  not  commit 
4  to  Paper. 

4  The  manifold  Attempts  to  provoke  your  Ma- 
4  jefty's  late  Army,  and  the  Army  of  the  Scots* 
4  and  to  raife  a  Faction  in  the  City  of  London  and 
4  other  Parts  of  the  Kingdom;  that  thofe,  who  have 
4  been  Actors  in  thofe  Bufmefles,  have  had  their 
4  Dependance,  their  Countenance,  and  Encourage- 
4  ment  from  the  Court ;  Wimefs  the  Treafon 

4  where- 


3  3  6     The  Parliamentary  Hi  STO& Y 

An.  17.  Car.  I. «  whereof  Mr.  Jermyn,  and  others,  ftand  accufed, 

*      '        '  who  were  tranfported  beyond  Sea,  by  Warrant 

March.       c  unc]er  your  Majefty's  Hand,  after  your  Majefty 

e  had   given  AfTurance  to  your  Parliament  that 

'  your  Majefty  had  laid  a  ftridt  Command  upon  all 

'  your  Servants,  that  none  of  them  fhould  depart 

*  from  Court;  and  that  dangerous  Petition,  deliver- 
'  ed  to  Capt.  Legge  by  your  Majefty's  own  Hand, 
'  accompanied  with  a  Direction,  figned  C.  R.  a 

c  The  falfe  and  fcandalous  Accufation  againft  the 

*  Lord   Kimbolton^  and  the  five  Members  of  the 
'  Houfe  of  Commons,  tendered  to  the  Parliament 

*  by  your  Majefty's  own  Command  ;  endeavoured 

*  to  be  juftified  in  the  City,  by  your  own  Prefence 

*  and  Perfuafion;  and  to  be  put  in  Execution  upon 

*  their  Perfons,  by  your  Majefty's  Demand  of  then! 
'  in  the  Houfe  of  Commons,  in  fo  terrible  and  vi- 
'  olent  a  Manner,   as   far   exceeded    all   former 

*  Breaches  of  Privileges  of  Parliament,  acted  by 

*  your.  Majefty,  or  any  of  your  Predeceflbrs  :  An'd 

*  whatfoever  your  own   Intentions   were,   divers 
e  bloody  and  defperate  Perfons,  who  attended  your 
'  Majefty,  difcovered  their  Affections  and  Refolu- 
'  tions  to  have  maflacred  and  deftroyed the  Members 
'  of  that  Houfe;  if  the  Abfence  of  thofe  Perfons  ac- 

*  cufed  had  not,  by  God's  Providence,  ftopped  the 
'  giving  of  that  Word  which  they  expected,  for  the 

*  letting  them  upon  that  barbarous  and  bloody  Act : 

*  The  Lifting  of  fo  many  Officers,  Soldiers,  and 
e  others ;  putting  them  into  Pay,  and  under  Com- 
'  mand  of  Colonels ;  feafting  and  carefling  them  in 
'  an  unufual  Manner,  at  Whiteba H ;  thereby  main- 
c  taining  them  in  the  violent  Aflaults,  and  other 
c  Injuries,  which  they  offered  to  divers  of  your  Sub- 
'  jects,  coming  that  Way  in  a  lawful  and  peaceable 

*  Manner ;    the   carrying  them   out  of  Town ; 
'  after  which   they   were   told    by   Lord   Digby^ 
'  That  the   King   removed  on  purpofe^    that  they 
'  might  not  be  trampled  in  the  Dirt ;  and  keeping 

'  them 

*  Lord  Clarendon  gives  a  very  particular  Account  of  this  Petition* 
intended  to  have  been  fubfcribcd  by  the  Officers  of  the  Army. 

Vol.  I.  p.  244,  6f  ft,. 


Of    E  N  G  L  A  N  D.     337 

c  them  fo  long  in  Pay;  endeavouring  to  engage  the  An. 

*  Gentlemen  of  the  Inns  of  Court  in  the  lame 

*  Courfe;  the  plotting  and  defining  of  a  perpetual 
'  Guard  about  your  Majefty;  the  labouring  to  in- 
c'fufe  into  your  Majefty 's  Subje»:ts  an  evil  Opinion 
4  of  the  Parliament  through  the  whole  Kingdom; 
'  and  other  Symptoms  of  a  Difpoiition  of  railing 

*  Arms,  and  dividing  your  People  by  a  Civil  War; 

*  in  which  Combuftion  Ireland  mult  needs  be  loft, 

*  and  this  Kingdom  miferably  wafted  and  confum'd, 

*  if  not  wholly  ruined  and  deftro\ed. 

*  That  after  a  Vote  had  patted  in  the  Houfe  of 
'  Commons,  (declaring,  That  the  Lord  Dlgby  had 
'  appeared  in  a  warlike  Manner,  at  King/inn  upon. 
6  Thames,  to  the  Terror  and  Fright  of  your  Ma- 
c  jefty's  good  Subjects,  and  Difturbance  of  the  Pub- 

*  lie  Peace  of  the  Kingdom  ;  and  that  therefore 

*  the  Lords  fhould  be  moved  to  require  his  Attend- 
1  ance)  he  fhould,  neverthelefs,  be  of  that  Credit 
'  with  your  Majefty,  as  to  be  fent  away,  by  yoar 
'  own  \Varrant,  to  Sir  John  Penningtan,  to  land 
4  him  beyond  the  Sea;  from  whence  he  vented  his 
'  own  traiterous  Conceptions,  That  your  Majefty 

*  fljonld  declare  yourfelf ,  and  retire  to  a  Place  of 
'  Strength   in  this  Kingdom,    as   if  your  Majefty 

*  could  not  be  fafe  among  your  People ;  and,  with- 
'  all,  took  that  tranfcendemBoldnefs  to  write  to  the 
'  Queen,  offering  to  entertain  Correfpondence  with 
c  her  Majefty  by  Cyphers,  intimating  fome  Service 
'  which  he  might  do  in  thofe  Parts,  for  which  he 
'  defired  your  Majefty's  Inftructions;  whereby,  ia 
'  all  Probability,  he  intended  the  procuring  of  fome 

*  foreign  Force,  to  ftrengthen  your  Majefty  in  that 

*  Condition  into  which  he  would  have  brought 
'  you  j  which  falfe  and  malicious  Counibl  and  Ad- 
'  vice,  we  have  great  Caufe  to  doubt,  made  too 
'  deep  an  Impreflion  in  your  Majefty;  confidering 
'  the  Courfe  you  are  pleafed  to  take,  of  abfenting 
'  yourfelf  from  your  Parliament,  and  carrying  the 
'  Prince  with  you  ;  which  feems  to  exprefs  a  Pur- 

*  pofe  in  your  Majefty,  to  keep  yourfelf  in  a  Rea- 
'  dinefs  for  the  acling  of  it. 

VOL.  X  Y  <  The 


The  Parliamentary  HISTORY 

An.  17  Car.  I.      <  The  manifold  Advertifements  which  we  have 

16411         4  had  from  Rome,  Venice,  Paris,  and  other  Parts, 

L~MaVrcru       *  ^at  tnev  ^'^  expe&  that  your  Majefty  has  fome 

'  great  Deiign  in  Hand,  for  the  altering  of  Reli- 

4  gion,  and  breaking  the  Neck  of  your  Parliament; 

4  that  you  will  yet  find  Means  to  compafs  that  De- 

4  fign  ;  that  the  Pope's  Nuncio  hath  follicited  the 

*  Kings  of  France  and  Spain  to  lend  your  Majefty 
4  4000  Men  a-piece,  to  help  to  maintain  your  Roy  - 

*  alty  againft  the  Parliament :   And  this  foreign 
4  Force,  as  it  is  the  moft  pernicious  and  malignant 
4  Defign  of  all  the  reft,  fo  we  hope  it  is,  and  {hall 

*  always  be,  fartheft  from  your  Majefty'sThoughts; 
4  becaufe  no  Man  can  believe  you  will  give  up  your 

*  People  and  Kingdom  to  be  fpoiled  by  Strangers, 
4  if  you  did  not  likewife  intend  to  change  both 
4  your  own  Profeflion  in  Religion,  and  the  public 

*  Profeflion  of  the  Kingdom  ;  that  fo  you  might 
4  ftill  be  more  aflured  of  tbofe  foreign  States  of  the 
4  Popifh  Religion,  for  your  future  Support  and  De- 
4  fence.  r. 

4  Xhefe  are  fome  of  the  Grounds  of  our  Fears 
4  and  Jealotifies,  which  made  us,  fo  earneftly,  to 
4  implore  your  Royal  Authority  and  Protection  for 
4  our  Defence  and  Security,  in  all  the  Ways  of 

*  Humility  and  Submiflion  j  which  being  denied 
4  by  your  Majefty,  feduced  by  evil  Counfel,  we  do, 
'  with  Sorrow  for  the  great  and  unavoidable  Mi- 
4  fery  and  Danger  which  thereby  is  like  to  fall  up- 
4  on  your  own  Perfon  and  your  Kingdoms,  apply 
'  ourfelves  to  the  Ufe  of  that  Power,  for  the  Se- 

*  curity  and  Defence  of  both,  which,  by  the  Fun- 

4  damenta! 

r  When  this  Claufe  was  read  in  the  Houfe  of  Commons,  Sir 
Ralph  Hoptor.  told  them,  '  That  they  therein  accufed  the  King  for 
being  an  Apoftate  to  his  Religion,  not  only  in  his  own  Ferfon,  but 
of  endeavouring  to  bring  in  his  People  to  the  fame  Apoftacy  and  Ido- 
latry ;  for  which  the  Commons  lent  him  to  the  ToiverS But  he 

was  difchargcd  a  few  Days  after.  Cam.  Jturn. 

Lord  Clarendon  aJds,  '  That  Sir  Ralph  Hoptor.  objected  to  fome 
/harpExpreflions  in  the  Declaration,  (before  it  pafi'ed  the  Houfe,  and 
when  theQueftion  was,  whether  it  fhould  pafs)  as  being  too  diftaiu 
from  that  Rcveience  which  ought  to  be  ufed  to  the  King  5  and  that,, 
in  relation  to  this  Claufe,  he  faid,  They  feerr.ed  to  ground  an  Opi- 
nion of  the  King's  Apoftacy  upon  a  Jefs  Evidence  than  would  ferv: 
to  hang  a  Feilow  for  ftealing  a  Horfe,*  Vol.  1.  p.  448. 


Of    E  N  G  L  A  N  D. 

*  damental  Laws  and  Conftitutions  of  this  King-Ar 
'  dom,  refides  in  us;  yet  ftill  refblvinjj  to  keep  our- 

'  felves  within  the  Bounds  of  Faithful nefs  and  Al- 
'  legiance  to  your  Sacred  Perfon  and  your  Crown. 

'  As  to  the  fecond  Sort  of  Jealoufies  and  Fears  of 
c  us,  expreffed  by  your  Majefty,  we  (hall  give  a 

*  fhorter,  but  as  true  and  as  faithful  an  Anfwer. 

4  Whereas  your  Majefty  is  pleafed  to  fay,  That 

*  for  your  Rejjdence  near  the  Parliament ,  y6u  wijb  it 

*  might  be  fo  fafe  and  honourable,  that  you  had  no 

*  Caufe  to  abfent  y  our f elf  from  Whitehall :  This  we 
'  take  as  the  greateft  Breach  of  Privilege  of  Parlia- 
'  ment  that  can  be  offered  ;  as  the  heavieft  Mifery 
'  to  yourfelf,  and  Imputation  upon  us,  that  can 

*  be  imagined,  and  the  molt  mifchievous  Effects  of 
'  evil  Counfels  ;  it  roots  up  the  ftrongeft  Founda- 
e  tion  of  the  Safety  and  Honour  which  your  Crown 
'  affords;  it  feems,  as  much  as  may  be,  to  caft  upori 
'  the  Parliament  fuch  a  Charge  as  is  inconfiftent 

*  with  the  Nature  of  that  Great  Council,  being  the 
'  Body  whereof  your  Majefty  is  the  Head;  it  ftrikes 
'  at  the  very  Being  both  of  King  and  Parliament; 
'  depriving  your  Majefty,  in  your  own  Apprehen- 
'  fion,  of  their  Fidelity,  and  them  of  your  Protec- 

*  tion,  which  are  the  mutual  Bands  and  Supports 

*  of  Government  and  Subjection. 

4  We  have,  according  to  your  Majefty's  Defire, 

*  laid  our  Hands  upon  our  Hearts;  we  have  afked 
'  ourfelves  in  the  ftricteft  Examination  of  our  Con- 
'  fciences;  we  have  fearched  our  Affections  and 
'  our  Thoughts;  confidered  our  Actions;  and  we 
'  find  none  that  can  give  your  Majefty  any  juft  Oc- 
'  cafion  to  abfent  yourfelf  from  Whitehall  and  the 
'  Parliament ;  but  that  you  may,  with  more  Ho- 
'  nour  and  Safety,  continue  there  than  in  any  other 

*  Place. 

*  Your  Majefty  lays  a  general  Tax  upon  us;  yet 

*  if  your  Majefty  will  be  gracioufly  pleafed  to  lef 

*  us  know  the  Particulars,  we  {hall  give  a  clear  and 
'  fatisfa&ory  Anfwer :  But  what  Hope  can  we  have 

*  of  ever  giving  your  Majefty  Satisfaction,  when 

Y  2  «  thofe 


34°     The  Parliamentary  HISTORY 

'  thofe  Particulars  which  you  have  been  made  to  be- 

*  lieve  were  true,  yet,  being  produced  and  made 

*  known  to  us,  appeared  to  be  falfe;  and  your  Ma- 
'  jefty,   notwithstanding,   will  neither  punifli  nor 

*  produce  the  Authors,  but  go  on  to  contract  new 
4  Jealoufies  and  Fears,  upon  general  and  uncertain 

*  Grounds,  affording  us  no  Means  or  Poflibility  of 

*  particular  An!  wer  to  the  clearing  of  ourfelves;  for 
4  Proof  whereof,  we  beieech  your  Majeily  to  con- 
4  fider  thefe  Inftances : 

(  The  Speeches  alledged  to  be  fpoken  in  a  Meet- 
4  ing  of  divers  Members  of  both  Houfes  at  Kenfeng- 
4  ton,  concerning  a  Purpofe  of  reftraining  the  Queen 
4  and  Prince ;  which,  after  it  was  denied  and  dif- 
4  avowed,  yet  your  Majefty  refufed  to  name  the 

*  Authors,  tho'  humbly  defired  by  both  Houfes. 

'  The  Report  of  Articles  framed  againft  the 
4  Queen's  Majefty,  given  out  by  fome  of  near  Re- 

*  lation  to  the  Court ;  but  when  it  was  publickly 

*  and  conftantly  difclaimed,  the  Credit  feemed  to 
4  be  withdrawn  from  it ;  but  the  Authors  being 

*  kept  fafe,  will  always  be  ready  for  Exploits  of 

*  the  fame  Kind ;  wherewith  your  Majefty  and  the 
4  Queen  will  be  often  troubled,  if  this  Courfe  be 
4  taken  to  cherim.  and  fecure  them  in  fuch  wicked 
4  and  malicious  Slanders. 

'  The  heavy  Charge  and  Accufation  of  the  Lord 
4  Kimbolton  and  the  five  Members  of  the  Houfe  of 

*  Commons,  who  refufed  no  Trial  or  Examina- 
'  tion  which  might  ftand  with  the  Privilege  of  Par- 
;  Uament  •,  yet  no  Authors,  no  Witnefles  produ- 

*  ced,  againft  whom  they  may  have  Reparation  for 
4  the  great  Injury  and  Infamy  caft  upon  them ; 
'  notwithftanding  three  feveral  Petitions  of  both 
4  Houfes,  and  the  Authority  of  two  Acts  of  Par- 

*  liament  vouched  in  the  laft  of  thofe  Petitions. 

4  We  befeech  your  Majefty  to  confider  in  what 
4  State  you  are ;  how  eafy  and  fair  a  Way  you  have 
«  to  Happinefs,  Honour,  Greatncfs,  Plenty^  and 

*  Security,  if  you  will  join  with  the  Parliament 
'  and  your  faithful  Subjects,  in  Defence  of  the  Re- 

*  licrioii 


Of    ENGLAND.      341 

*  ligion  and  Public  Good  of  the  Kingdom :  This  is  ^ 
'  all  we  expect  from  you,  and  for  this  we  (hall  re- 

*  turn  to  you  our  Lives,  Fortunes,  and  uttermoft 
'  Endeavours  to  fupport  your  Majefty  in  your  juft 

*  Sovereignty  and  Power  over  us :  But  it  is  not 
1  Words  that  can  fecure  us  in  thefe  our  humble  De- 
c  fires.     We  cannot  but  too  well,  and  forrowfully, 

*  remember  what  gracious  Meffages  we  had  from 
«  you  this  Summer,  when,  with  your  Privity,  the 
'  bringing  up  the  Army  was  in  Agitation;  we  can- 

*  not  but,  with  the  like  Affections,  recall  to  our 
'  Minds,  how,  not  two  Days  before  you  gave  Di- 
«  rections  for  the  above-mentioned  Accufation,  and 

*  your  own  Coming  to  the  Commons  Houfe,  that 
'  Houfe  receiv  'd  from  your  Majefty  a  gracious  Mef- 

fage,  That  you  would  always  have  the  fame  Care  of 


'  their  Privileges )  as  of  your  own  Prerogative ;  cfthe 
'  Safety  of  their  Pet-Jons,  as  of  your  own  Children. 
«  That  which  we  expec\,  and  which  will  give  us 


'  Aflurance  that  you  have  no  Thought  but  of 

*  Peace  and  Juftice  to  your  People,  muft  be  fome 
4  real  Effect  of  your  Goodnefs  to  them,  in  granting 
'  thofe  Things  which  the  prefent  Neceflity  of  the 
'  Kingdom  doth  inforce  us  to  defire:  And,  in  the 

*  firft  Place,  that  your  Majefty  will  be  gracioufly 

*  pleafed  to  put  from  you  thofe  wicked  and  mif- 
'  chievous  Counfellors,  which  have  caufed  all  thefe 
'  Dangers  and  Diffractions;  and  to  continue  your 

*  own  Refidence,  and  the  Prince's,  near  London,  and 
'  the  Parliament :  This,  we  hope,  will  be  a  happy 

*  Beginning  of  Contentment  and  Confidence  be- 

*  twixt  your  Majefty  and  your  People,  and  be  fol- 
'  lowed  with  many  fucceeding  BleflWs  of  Honour 
'  and  Greatnefs  to  your  Majefty,  ana  of  Security 

*  and  Profperity  to  them.' 

After  reading  this  Declaration  a  Debate  enfued, 
and  the  Queftion  being  put,  it  was  refolved  to 
agree  with  the  Houfe  of  Commons  in  this  Decla- 
ration, and  that  it  be  prefented  to  the  King :  A 
Committee  of  both  Houfes  being  appointed  accord- 
Y  3  ingb'. 


342      The  Parliamentary  HISTQRV 

An,  17.  Car.  l.jnglv,  the  following  Peers  entered  their  Diffent  tp 
J64'-         this'Vote  : 

Lord   Lord  GREY. 


March.       Earl  ofL 


Great  Chamberlain. 

Againft  which    ^/^SOUTHAMPTON. 

NORTHAMPTON. 


forme  Peers  enter  /-, 
&  Proteft.  £  •  ° 


Earl  of  CLEVELAND. 
Lord  MOWBRAY. 
Lord  WILLOUGHBY  de 

Erefby. 


Lord  RICH. 

Lord  Ho  w  A  R  D  de  Charl>- 

ton. 

Lord  SAVILE. 
Lord  DUNSMORE. 
Lord  SEYMOUR. 
Lord  CAPEL. 


Declaration. 


In  the  Afternoon  of  this  Day,  the  Lords  receir- 
ved  a  Mefiage  from  the  Commons,  defiring  their 
Lordfhips  to  fit  a-while,  having  fome  Bufinefs  to 
communicate  to  them  of  high  Importance.  Soon 
after  came  Mr.  Pymrne,  and  prefented  to  the  Houie 
fome  Reafons,  which,  he  faid,  the  Houfe  of  Com- 
mons thought  fit  to  be  delivered  to  the  King;  ei- 
ther in  Writing,  or  by  Word  of  Mouth,  along 
with  the  foregoing  Declaration.  The  Reafons 
were  read  in  thefe  Words  ; 

Additional  Rea- c  f  '|  "tHE  Lords  and  Commons  have  commanded 
ions  in  Support c  us  to  prefent  unto  your  Majefty  this  further 

Addition  to  their  former  Declaration. 
c  That  your  Majefty's  Return,  and  Continuance 
near  the  Parliament,  is  a  Matter,  in  their  Appre- 
henfion,  of  fo  great  Neceflity  and  Importance 
towards  the  Prefervation  of  your  Royal  Perfon 
and  your  Kingdoms,  that  they  cannot  think  they 
have  difcharged  their  Duties  in  the  fingle  Expref- 
fion  of  their  Defire,  unlefs  they  add  fome  further 
Reafons  to  back  it  with. 

i/?,  *  Your  Majefty's  Abfence  will  caufe  Men 
to  believe,  that  it  is  out  of  Defign  to  difcourage 
the  Undertakers,  and  hinder  the  other  Provifions 
for  raifmg  Money  for  Defence  of  Ireland. 
2^/y,  '  It  will  very  much  hearten  the  Rebels 
there,  and  difaffec~led  Perfons  in  this  Kingdom,  as 
being  an  Evidence  and  Effect  of  the  Jealoufy  and 
Divifion  betwixt  your  Majefly  and  your  People. 


Of     E  N  G  L  A  N  D.       343 

3^/X,  *  That  it  will  much  weaken  and  withdraw  A" 
'  the  Affection  of  the  Subjeit  from  your  Mujefty, 

*  without  which  a  Prince  is  deprived  of  His  chiefeft 

*  Strength  and  Lullre,  and  left  naked  to  the  great- 
'  eft  Dangers  and  Miferies  that  can  be  imagined. 

Afthly,  '  That  it  will  invite  and  encourage  the 
1  Enemies  of  our  Religion,  and  the  States  in  foreign 
'  Parts,  to  the  attempting  and  adYmg  of  their  evil 
'  Defigns  and  Intentions  towards  us. 

5//;/v,  '  That  it  caufeth  a  great  Interruption  in 

*  the  Proceedings  of  Parliament. 

4  Thefe  Confiderations  threaten  fo  great  Danger 

*  to  your  Majefty's  Perfon,  and  to  all  your  Domi- 
'  nions,  that,  as  your  Majefty's  Great  Council,  they 
'  hold  it  neceflary  to  reprefent  to  you  this  their 

*  faithful  Advice,  that  fo,  whatsoever  followeth, 
4  they  may  be  excufed  before  God  and  Man.' 

Thefe  Reafons  were  alfo  voted  by  the  Lords, 
to  be  prefented  at  the  fame  Time  with  the'Decla- 
ration.  * 

*  March  8.  This  Day  a  Letter  from  the  King, 
directed  to  the  Lord-Keeper,  Speaker  of  the  Houle 
of  Peers,  was  opened  and  read,  viz. 

CHARLES   R. 

Right  Trufty  and  Well-beloved  Counfellor,  we 

greet  you  well, 

f/f/'E  have  thought  good  hereby  to  certify,  That  we  The  King's  Let- 
*'     did,  on  the  third  of  January  /«//,  deliver  w-JJJJjSSl 
to  our  Attorney-General  certain  Articles  of  Accufa-  1ai°" 
tion,  ingrojjed  in  a  Paper ,  (a  Copy  whereof  we  have 
fent  here  inclofed)  and  did  then  command  him^  in  our 
Name,  to  acquaint  our  Houfe  of  Peers,  that  divers 
great  and  treafonable  Defigns  and  Practices  againjl 
us  and  the  State,  had  come  to  our  Knowledge ;  for 
which  we  did  command  him,  in  our  Name,  to  accufe 
the  fix  Perfons,  in  the  faid  Paper  mentioned  of  High 

Treajon, 

*  Thefe  additional  Reafons  are  in  the  Journals:  The  Declara-. 
tion  i  tie  If  is  not  there  j  but  they  were  both  pubh&ed  together  by 
Oidtr  of  Parliament. 


344     The  Parliamentary  HISTORY 

.  17.  Car.  I.  Treason,  and  ether  High  Mifdcmeanors,  by  delivering 
1641.  t/JC  i>npcr  tc  the  faid  Houfe,  &c.  [as  before  recited.] 
7Tv '  We  further  declare,  That  our  faid  Attorney  did 
lrc  '  nit  advife  cr  contrive  tie  faid  Articles,  nor  had  any 
Thing  to  do  with,  or  in,  advijing  any  Breach  cf  Pri- 
vilege that  followed  after;  and  for  what  he  did,  in 
Obedience  to  our  Commands,  we  conceive  he  was  hound 
by  his  Oath  and  the  Duty  cf  his  Place,  and  by  the 
*TruJl  by  us  repcfed  in  him,  fo  to  do ;  and  had  he  re- 
futed to  have  obeyed  us  therein,  we  would  have  que- 
JUoned  him  for  the  Breach  cf  his  O.ath,  Duty,  and 
Truft :  But  now  having  declared,  That  we  find 
Caufe  wholly  to  defijl  from  proceeding  againjl  the 
Perfons  a  ecu  fed,  we  have  commanded  our  Attorney  to 
proceed  no  farther  therein,  nor  to  produce  or  dif cover 
any  Proofs  concerning  the  fame. 

Given  at  our  Court  at  Royjlon,  the  fourth  Day 
of  March,  1641. 

The  Lords,  conceiving  this  Letter  to  be  a  Pre- 
limiting  the  Judgment  of  their  Houfe,  refolv'd  to 
.  proceed  in  the  Bufmefs  againft  the  Attorney-Gene- 
ra], di redly ;  ar.d  to  rake  this  Letter  into  Confide- 
ration  afterwards,  as  a  Matter  of  great  Confequcnce. 
A  Meflage  \vas  alfo  fent  to  the  Commons,  to  in- 
form them  of  the  Letter,  and  that  their  Lordfhips 
were  ready  to  proceed  againft  the  Attorney-Gene- 
ral, if  they  would  fend  a  Committee  of  their  Houfe 
to  manage  the  Evidence.  Accordingly 

Serjeant  JfylJc's     Th«  Committee  being  come,  the  Lord -Keeper 
Speech  at  opea-to](j  them  they  miffhtbe?in  their  Evidence;  where- 

JDR  the  Evidence  •»,      c      /          ~/j/-  >  ;""'  r   i  r  •  i     ^T^I 

»gaiaflUwr,  upon  Mr.  Serjean*;  iryldc,  one  of  them,  laio,  <  I  nat 
they  were  commanded  and  appointed  by  the  Houfe 
of  Commons,  to  rnake  good  their  Charge  againft 
Sir  Edward  Herbert,  Kr.t.  his  Majciry's  Attorney- 
General  ;  a  Perfon  of  Eminency  in  the  Common 
Law,  both  eminent  in  Place,  and  eminent  in  Crime; 
the  Nature  and  Deformity  of  which  was  fct  forth 
in  the  Impeachment,  which  he  defired  might  be 
rRy/K 

Then  he  obfervedf  That  his  Charge  was  of  three 
:  ..is: 

ift 


Of    E  N  G  L  A  N  D.     345 

1/7,  c  The  advifmg  and  contriving  of  thefe  foul  An.  17.  Car.  I. 
Articles. 

2^/y,  *  The  publifhing  and  exhibiting  of  them 
in  this  Houfe. 

3<#y,  «  The  Falfhood,  Scandal,  Malice,  and 
other  Ingredients,  mix  d  and  incorporated  fo  toge- 
ther, that  they  could  no  more  be  feparated  than 
Blacknefs  from  the  /Ethiopian ;  or,  if  they  could  be 
feparated,  yet  each  of  them  was  fufficient  to  call 
for  Judgment  againft  Mr.  Attorney. 

*  He  then  mention'd  the  exhibiting  of  thefe  Ar- 
ticles, Jan.  3,  1641 ,  and  they  were  read  out  of  the 
"Journal-Beak  of  that  Day. 

*  Alfo  the  King's  Proclamation,  reciting,  That 
his  Attorney- General,  by  his  Majefty's  Command, 
had  accufed  the  fix  Members  of  High  Treafon  in 
the  Houfe  of  Lords.     Likewife  his  Majefty's  Let- 
ter to  Dover,  and  other  Ports,  for  the  apprehend- 
ing of  them,  reciting;  that  they  were  accufed  by  the 
Attorney-General.     Next  he  defired  that  Mr.  At- 
torney's Anfwer  might  be  read  ;  wherein,  he  faid, 
There  was  Matter  enough  to  condemn  him  :  In 
which  he  confefled  the  exhibiting  the  Paper  of  Ar- 
ticles, as  a  Mcflage  from  his  Majefty,  and  by  his 
Command ;  on  which  it  was  recorded  in  the  Clerk's 
Book;  put  into  a  Courfe  of  Proceeding;  a  Com- 
mittee appointed  for  Examination  of  Witnefies, 
under  a  Command  of  Secrecy;  and  a  Defire  to  the 
Lords  that  their  Perfons  might  be  fecured. 

*  Thefe  were  the  Steps  and  Degrees  of  his  Pro- 
ceedings; but,  in  his  Anfwer,  he  denies  the  sdvi- 
iing  and  contriving  of  thefe  Ariticles  ;  and  faith, 
That  he  was  fo  far  from  that,  that  he  knew  no- 
thing at  all  of  them,  till  he  received  this  Command 
from  his  Majefty  for  the  exhibiting  of  them  j  being 
fent  for,  immediately  before,  by  his  Majefty  for 
that  Purpofe.     But  this,  he  iaid,  was  fo  far  from 
Satisfaction  to  the  Houfe  of  Commons,  or  Quali- 
fication of  the  Offence,  that  it  aggravated  and  aug- 
mented it. 

'  For  the  exhibiting  and  promoting  of  thofe  Ar- 
ticles, is,  in  Judgment  of  Law,  an  evident  Demon- 

fUation 


3  4  &     STfo  Parliamentary  Hi  s  T  OR  v 

An.  17.  Car.  I.  ftration  of  his  Contrivance  of  them  :  As,  in  the 
Cafe  of  ftolen  Goods,  the  Receipt  and  Pofleffion  of 
them  is  an  Evidence,  to  a  Jury  of  Life  and  Death, 
of  the  ftealing  of  them,  unlefs  the  Party  can  fhew 
how  he  came  by  them.  In  Cafe  of  Trover  and 
Converfion  of  Goods,  tho*  the  Denial  of  them,  up- 
on Demand,  be  no  Converfion  in  Law,  whereon 
to  ground  an  Action,  upon  Not  guilty  pleaded  ;  yet 
it  is  a  good  Evidence  to  a  Jury  to  find  him  guilty  of 
the  Converfion.  In  Cafe  of  a  Libel,  the  Finder 
and  PubJifher  fliall  be  adjudged  the  Author  and 
Concriver  of  it,  unlefs  he  can  produce  fome  other 
Author. 

s  So,  in  this  Cafe,  the  publifhing  and  exhibiting 
of  thefe  Articles,  by  the  Attorney-General,  is  a  clear 
Evidence  that  he  contrived  them  ;  the  one  doth 
neceffarily  imply  the  other.  The  Contriving,  with- 
out the  Publiming,  is  but  an  Inception  of  an  Of- 
fence ;  the  Publiihing  is  the  Confummation  of  it, 
and  therefore  the  more  heinous.  The  Publiftier  is 
the  grand  Offender  ;  he  blows  the  Coals  and  the 
Trumpet.  If  it  could  be  imagined  that  there  was 
another  Author,  or  Contriver  of  thefe,  than  Mr. 
Attorney,  as  he  would  pretend,  yet  the  Exhibiting 
and  Promoting  of  them  is  an  Offence  fo  heavy,  as 
needs  no  other  additional  Weight  to  prefs  him  down 
to  the  Ground  ;  who,  by  fuch  an  Acl:  of  Injuftice 
and  falfe  Accufatibn,  would  fo  grievoufly  have  op- 
prefled  them.  Mifchiefs,  hatch'd  in  the  Brain,  are 
only  mifchievous  to  the  Inventor ;  but  the  Vege- 
tation and  Life  is  from  the  Publiftier;  he  gives  Mo- 
tion and  Agitation  to  it,  which,  otherwife,  would 
be  but  an  abortive  and  inanimate  Creature. 

'  But  for  the  Excufe,  under  which  he  feeks  to 
fhelter  himfelf,  that  is,  The  King's  Command, 
this  adds  more  to  his  Offence;  a  foul  Afperfion  on 
his  Majefty,  and 'a  Wrong  to  his  gracious  Mafter; 
for  he  could  not  but  know  that  the  King's  Com- 
mand, in  Things  illegal,  is  utterly  fruftrate,  and  of 
no  Effect :  His  Patents  and  Grants,  if  againft  the 
Crown,  in  Matter  of  Intercft,  are  meerly  void,  quod 
in  Deception  Regis ;  if  againil  the  Weal-Public, 

they 


Of    E  N  G  L  A  N  D.     347 

they  are  ipfo  Jure  vacua ;  much  more  his  Com-  An.  17.  Car.  I. 
mand,  in  Matters  criminal,  becaufe  no  Action  lies        l641- 
againft  him.  **~M*~h** 

1  The  Serjeant,  next,  proceeded  to  cite  feveral 
Cafes,  from  the  Statute- Books,  Rolls  of  Parliament^ 
Reports,  and  even  Magna  Charta,  to  prove,  That 
the  Attorney-General  had  broken  all  thofe  Laws, 
and  infringed  all  thofe  Liberties;  even  the  Rights  of 
Parliament,  by  which  no  Member  of  either  Houfe 
ought  to  be  impeached,  eith'er  for  Felony,  Treafon, 
or  other  Offences,  without  reprefenting  the  Caufe 
firft  to  that  Houfe  whereof  he  is  a  Member,  and 
their  Confent  and  Direction  therein  defired  :  For, 
otherwife,  all  Members  of  each  Houfe  may  be 
pulled  out,  one  after  another,  upon  a  Pretence  of 
Treafon  ;  which,  perhaps,  he  faid,  was.  now  Mr. 
Attorney's  Defign. 

'  Befides,  he  faid,  That  the  Attorney  had  done  , 

contrary  to  his  Oath,  in  this  Bufmefs ;  for  he  is 
fworn  to  the  King,  duly  and  truly  to  iflue  out  the 
King's  Writs,  and  give  the  King  true  Advice  ac- 
cording to  Law;  which,  in  this  Action,  he  had 
not  done,  contrary  to  his  Oath. 

'  The  Serjeant  then  faid,  That  many  aggrava- 
ting Circumftances  might  be  added ;  as,  the  At- 
torney's Profeflion  ancf  Knowledge  in  the  Law ; 
his  long  Experience  in  the  Courfe  and  Privileges  of 
the  High  Court  of  Parliament,  having  been  fo  often, 
and  of  late,  a  Member  of  the  Houfe  of  Commons, 
and  obliged  to  them  by  many  Favours ;  and  now 
an  Afliftant  or  Attendant  in  the  Houfe  of  Lords : 
Then  confidering  the  Qualities  of  the  Perfons  ac- 
cufed  ;  their  fingular  Parts,  Integrity,  and  Merit; 
their  indefatigable  Labours  and  Travail  for  the 
Public  Good,  which  could  not  expecl:  fuch  a  Re- 
ward as  this,  the  odious  Name  of  Traitors:  The 
woful  and  dangerous  Confequences  that  have,  de 
Faflo,  enfued  upon  this ;  for,  by  Colour  of  thefe 
Articles,  they  were  proclaimed,  ported,  and  fold 
up  and  down,  for  Traitors ;  they  were  hunted  and 
fought  for  by  Officers,  demanded  even  from  the 
Horns  of  the  Altar;  their  Studies,  Chambers,  and 

Trunks 


348     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Trunks  fealed  up;  the  Houfe  of  Commons  flrongty 
1641.        befieged  ;  their  Privileges  ftrangely  invaded  ;  their 
^TpCh*"^    laft  and  uttermoft  Hopes  ready  to  be  confounded. 
As  thefe  arc  beyond  Expreflion,   fo  the  Conic - 
quences  that  might  have  happen'd  are  beyond  Ima- 
gination ;    Bloodfhed,   Horror,  Devaluation,  and 
Confufion;  all  the  Evils,  Dangers,  Troubles,  and 
Diffractions  which  have  happened  fince,  and  what 
now  the  Houfes  lie  under,  may  be  imputed  to  this 
Acl  of  Mr.  Attorney. 

6  Had  he  flood  in  the  Gap,  and  humbly  befought 
or  advifed  the  Forbearance  of  this,  or  declined  the 
doing  of  it,  as  in  all  Equity  he  ought  to  have  done, 
all  thefe  Miferies  had  been  prevented;  and  a  happy 
Reconciliation,  in  all  Likelihood,  fettled  between 
his  Majefly  and  his  People  before  this  Time.  It 
remains,  therefore,  that  he  who,  willingly,  judici- 
ally, and  upon  Record,  hath  contracted  to  himfeif 
the  Guilt  of  all  thefe  Evils  and  Calamities,  fhould 
receive,  from  their  Lordfhips,  fuch  a  Meafure  of 
Punifhment  as  may  make  the  Fact  more  odious, 
and  himfeif  the  Mark  of  their  exemplary  Juftice  to 
this  and  after  Ages/ 

Serjeant  Wylde  having  made  an  End  of  this 
Charge,  defired,  That  if  Mr.  Attorney  would  make 
any  Anfwer  to  it,  he  might  fpeak  himfeif;  but  the 
S«SSwer  Attorney  defired  that  his  Counfel  might  be  heard 
by  hisCounfel;  for  him  :  To  this  the  Serjeant  objcdted,  and  faid, 
That  they  were  a  Committee  reprefcnting  the 
Houfe  of  Commons,  and  it  did  not  ftand  with  the 
Dignity  of  that  Houfe  to  have  Counfel  come  to 
confront  them.  He  further  alledged,  That  this 
Offence  of  Mr.  Attorney's  had  been  voted,  by  both 
Houfes  of  Parliament,  an  high  Breach  of  the  Pri- 
vileges of  Parliament,  which  no  Counfel  can,  nei- 
ther ought  they  to  judge  of.  And  bccaufe  it  con- 
cerned the  Houfe  of  Commons,  in  an  high  De^ 
gree,  in  their  Privileges,  as  well  as  it  did  their 
Lordfhips,  he  defired  that  Mr.  Attorney  might  not 
be  allowed  Counfel.  but  that  he  might  foeak  for 
himfeif: 

The 


Of    E  N  G  L  A  N  D.      349 

The  Attorney  replied,  That  their  Lordfhips  had  An.  17.  Car.  t. 
been  pleafed,  upon  his  humble  Petition,  to  aflign        l64J- 
him  Counfel  in  this  Caufe ;  that  his  Anfwer  is  put  ^— '*v— -^ 
in  by  their  Advice,  and  they  are  ready  to  maintain 
it ;  which  if  their  Lordihips  fhould  not  allow  of, 
he  was  not  provided  to  make  a  Defence  to  his 
Charge  ;  therefore  defired  their  Lordihips  to  hear 
him  hy  his  Counfel,  and  the  Committee  to  take 
the  Judgment  of  the  Houfe  upon  it. 

Hereupon  both  Sides  being  commanded  to  with- 
draw, the  Lords  put  themfelves  into  a  Committee, 
for  the  more  free  Debate  in  this  Matter ;  it  being 
a  mixed  Cafe,  confiding  of  Breach  of  Privilege  of 
Parliament,  Matter  of  Fa&,  and  Matter  of  Law. 
The  Houfe  being  refumed,  the  Queftion  was  put, 
Whether  Mr.  Attorney  fhould  have  Counfel,  in 
Matter  of  Privilege,  in  this  Cafe  ?  and  it  was  re- 
folved  in  the  Affirmative.  The  Committee  of  the 
Houfe  of  Commons,  the  Attorney  and  his  Q$mH  Which  the  latfc 
feU  being  call'd  in  again,  were  told  of  this  Refo- agree  to* 
lution;  and  that  their  Lordmips  had  appointed  to 
proceed  further  in  this  Caufe  the  next  Day  at  One 
of  the  Clock. 

March  9.  After  reading  a  long  Petition  from  Sir 
Philip  Carteret^  concerning  the  prefent  Condition 
ot  the  Ifle  of  Jerfey^  which  was  referred  to  the  Com- 
mittee for  the  Defence  of  this  Kingdom,  the  Lords 
proceeded  in  the  Attorney-General's  Caufe  ;  and 
his  Counfel  were  told,  that  they  were  to  begin  with 
aflifting  him  in  his  Defence, upon  their  Perils.  The 
Counfel  crav'd  their  Lordmips  Pardon  therein,  for 
they  came  not  now  provided  for  his  Defence ;  be- 
caufe  the  Bufmefs  concern'd  the  Privilege  of  Par- 
liament, as  was  alledged  Yefterday. 

The  Lords,  not  being  fatisfied  with  this  Anfwer, 
directed  the  Attorney  and  his  Counfel  to  with- 
draw; andjUponConliderationof  it,  it  was  ordered, 
That  they  fhould  be  commanded  to  give  a  direct 
Anfwer,  feverally,  Whether  they  would  plead  or 
not ;  and  if  they  would  not,  it  fhould  be  taken  as 
a  Denial. 

Being 


3  50     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  Being  call'd  in  again,  the  Lord-Keeper  com- 
1641.  manded  them  to  proceed;  when  Sir  Thomas  Bed- 

*—  ' **~~  — '  dingfield,  one  of  the  Counfel,  anfwered,  He  defired 
Time  to  prepare  for  it,  not  being  now  provided. 
Sir  Thomas  Gardiner,  Recorder  of  London,  another 
Counfel,  anfwered  in  like  Manner.  The  reft  of 
them  faid,  That  they  were  willing  to  plead  now, 
at  their  Lordfhips  Command,  and  thought  it  was 
their  Duty  fo  to  do  ;  but  the  chief  Part  of  Mr.  At- 
torney's Defence  being  committed  to  the  aforefaid 
Gentlemen,  by  that  Means  they  were  not  provided 
now,  but  defired  fome  further  Time,  as  their  Lord- 
fhips fhould  pleafe  to  appoint.  On  this,  all  being 
commanded  to  withdraw  again,  the  Lords  confi- 
dering  the  Refufal  of  Sir  Thomas  Eeddingfield  and 
Sir  Thomas  Gardiner,  to  plead,  as  a  Contempt  of 
that  Houfe,  ordered  them  both  to  be  committed  to 
the  Tower,  there  to  remain  during  the  Pleafure  of 
the  Houfe :  And  further  ordered,  That  if  Mr. 
Attorney  defire  other  Counfel,  in  the  room  of  the 
former,  that  he  bring  in  the  Names  of  fuch  as  he 
defires,  the  next  Morning,  for  the  better  expedi- 
ting of  this  Caufe. 

March  10.  The  Attorney  made  his  humble  Pe- 
tition to  the  Lords,  That  they  would  aflign  him 
Mr.  Serjeant  Green  and  Mr.  Serjeant  Pheafant,  as 
Counfel,  in  the  room  of  the  former  two  committed ; 
which  was  granted,  and  Saturday  the  twelfth  In- 
ftant  was  peremptorily  appointed  to  proceed  in  that 
Bufinefs. 

March  12.  The  Lords  appointed  to  prefent  the 
Parliament's  Declaration  to  the  King,  reported, 
That  they  had  done  fo  at  Newmarket,  and  that  the 
next  Day  they  had  received  the  following  Anfwer : 

T  Am  confident  that  you  expecl  not  I  Jhould  give  you 
JhechKto6the  a  fpee(^y  Anfwer  to  this  Jlrange  and  unexpected 
Committee,  on  "Declaration  ;  and  I  am  forry,  in  the  Dijlratlions  of 
their  prefenting  this  Kingdom,  you  Jhould  think  this  Way  of  Addrefs  to 
the  laft  Declara- ,  ^^  convenient  than  that  propofed  by  my  Me/age, 

tton  to  run))  *^/-i  T/*T  i    r  i      i    TT     r          -A/e 

Knumarktt.      of  the  2Otb  c/january  lajt,  to  both  Houjes. 

At 


'. 
Of    ENGLAND.       351 

As  concerning  the  Grounds  of  your  Fears  and  Jea-  An.  17.  Car.  I, 
loufies,  I  will  take  Time  to  anfwer  particularly,  and        1641. 
doubt  not  but  1  jhall  do  it  to  the  Satisfaction  of  all  the    t~— -v*—^ 
World.     God,  in  his  good  Time,  will,  I  hope,  dif-       March> 
cover  the  Secrets  and  Bottoms  of  all  Plots  and  Trea- 
fons,  and  then  1  fnall  ft  and. right  in  the  Eyes  of  all 
my  People.     In  the  mean  Time,  I  mujl  tell  you,  Thai 
1  rather  expected  a  Vindication  for  the  Imputation 
laid  on  me  in-Air.  Pyrnme'j  Speech,  than  that  any 
more  general  Rumours  and  Difcourfes  Jhould get  Cre- 
dit with  you. 

For  my  Fears  and  Doubts,  1  did  not  think  they 
/J)ould  have  been  thought  fo  groundless  or  trivial,  while 
fo  many  feditiws  Pamphlets  and  Sermons  are  looked 
upon,  and  fo  great  Tumults  are  remembered,  unpu- 
nifoed,  uninquired  into.  I  jlill  confers  my  Fears,  and 
call  God  to  witnejs,  that  they  are  greater  for  the  true 
Protejlant  Profejjion,  my  People,  and  Laws,  than  for 
my  own  Rights  or  Safety;  though  I  muft  tell  you,  I 
conceive  that  none  of  thefe  are  free  from  Danger. 

JVhai  would  you  have  ?  flave  I  violated  your 
Laws  ?  Have  I  denied  to  pafs  any  one  Bill  for  the 

Eafe  and  Security  of  my  Subjects  ? /  do  not  ajk 

you  what  you  have  done  for  me. 

Have  any  of  my  People  been  tranfported  with  Fears 
and  Apprehenftons  ?  I  have  offered  as  free  and  gene- 
ral a  Pardon,  as  yourselves  can  devife.  All  this 
confidered,  there  is  a  Judgment  from  Heaven  upon 
this  Nation,  if  thefe  Dijlraftions  continue. 

God  fo  deal  with  me  and  mine,  as  all  my  Thoughts 
and  Intentions  are  upright,  for  the  Maintenance  of  the 
true  Proteflant  Profejjion,  and  for  the  Obfervation 
and  Prefervation  of  the  Laws  of  this  Land ;  and  I 
hope  that  God  will  blefs  and  ajjtft  thofe  Laws  for  my 
Prefervation. 

As  for  the  Additional  Declaration,  you  are  to  ex- 
peft  an  Anfwer  to  it,  when  you  Jhall  receive  the  An- 
jwer to  the  Declaration  it f elf. 

A  Narrative  of  fome  remarkable  Paflages  that 
happened  between  the  King  and  the  Committee  of 
both  Houfes,  upon  delivering  the  foregoing  Decla- 


352     The  Parliamentary  HISTORY 

An.  17.  Car.  I.  ration  to  his  Majefty,  was  published  at  this  Time, 
l64z-         as  follows  :  a 

«  When  his  Majefty  heard  that  Part  of  the  De- 
Paeffa*2a0bnethat  c^aration»  which  mentioned  Mr.  Jermyn's  Tranf- 
Occafion?n  '3  portation,  his  Majefty  interrupted  the  Earl  of  Hol- 
land in  reading,  and  (aid,  That's  falfe.  Which  be- 
ing afterwards  touched  upon  a«;ain,  his  Majeli:;/ 
then  faid,  'Tis  a  Lie.  And  when  he  was  inform'd, 
*  It  related  not  to  the  Date,  but  the  Execution  of 
'  the  Warrant:'  His  Majefty  faid,  It  might  bai-e 
been  better  expreffed  then,  and  that  it  -was  a  high 
Thing  to  tax  a  King  with  Breach  of  Promifc.  As 
for  this  Declaration,  his  Majefty  faid,  I  could  not 
have  believed  the  Parliament  would  have  fent  me  fuch 
(i  one,  if  I  had  not  fecn  it  brought  by  fuch  Persons  of 
Honour.  I  am  forry  for  the  Parliament,  but  glad  1 
have  it  ;/0r,  by  that,  I  doubt  not  to  fatisfy  my  People, 
//><?',  I  am  confident^  the  greater  Part  is  fo  already. 
Ye  Jpeak  of  ill  Counfels ;  but  I  am  confident  the  Parlia- 
ment hath  had  worfe  Informations  than  I  have  had 
Counfels.  His  Majefty  afking,  What  be  had  denied 
the  Parliament?  the  Earl  of  Holland  inftanced  that 
of  the  Militia  :  His  Majefty  replied,  That  was  no 
Bill:  The  Earl  of  Holland  then  faid,  c  It  was  a 
"  neceffary  Requeft  at  this  Time :'  And  his  Majefty 
alfo  then  faid,  He  had  not  denied  it. 

The  next  Day,  when  his  Majefty  delivered  his 
Anfwer,  which  was  read  by  the  Earl  of  Holland  to 
the  reft  of  the  Committee ;  and  that  being  done, 
his  Lordfhip  endeavour'd  to  perfuade  his  Majefty  to 
come  near  the  Parliament:  His  Majefty  anfwered, 
/  would  you  had  given  me  Caufe^  but  I  am  fure  thi; 
Declaration  is  not  the  Way  to  It  \  and  in  all  Ariftotle'j 
Rhetorics  there  is  no  filch  Argument  of  Perfuafion, 
The  Earl  ^Pembroke  thereupon  telling  him, '  That 
the  Parliament  had  humbly  befought  his  Majefty 
to  come  near  them  as  aforefaid  :'  His  Majefty  re- 
plied, 

a  London,  printed  for  William  Gaye,   1642. 

The  Printer  of  this  was  queftioned  for  it  afterwards  in  the  Houl'c 
cf  Lords  5  but  upon  his  faying,  That  he  had  the  Copy  from  th? 
Lord-Keeper's  Clerkj  he  was  difmiffed. 


Of 


ENGLAND. 


353 


plied,  He  had  learned  by  our  Declaration  that  Words  fa,  17.  Car. 

were  not  Jiifficient.     His  Majefly  being  again  moved 

by  the  Eari  ol  Pembroke,  to  exprefs  what  he  would 

have,  faid,  He  would  whip  a  Boy  in  Weitminfter 

School  that  could  not  tell  that  by  his  Anfwer.     And 

further  faid,    They  were   much  mijlaken,    if  they 

thought  his  Anfwer  to  that  a  Denial.      And  being 

afked  by  the  faid  Earl  of  Pembroke,  '  Whether  the 

Militia  might  not  be  granted,  as  was  defired  by 

the  Parliament,  for  a  Time,'  his  Majefty  fwore 

By  God.  not  for  an  Hour  ;  you  have  ajked  that  of  me 

in  this,  which  was  never  ajked  of  a  King,  and  with 

which  I  will  not  trufl  my  Wife  and  Children. 

His  Majefty  added,  The  Bujinefs  of  Ireland  will 
never  be  done  in  the  ll^ay  you  are  in.  Four  hundred 
will  never  do  that  Work  ;  it  mufl  be  put  into  the 
Hands  of  One.  If  I  were  trujled  with  it,  I  would 
pawn  my  Head  to  end  that  Work  ;  and  though  I  am 
a  Beggar  myfelf,  yet,  fpeaking  with  a  ftrong  Afle- 
veration,  /  can  find  Money  for  that. 

The  foregoing  Anfwer  being  read,  the  Lords  order- 
ed the  Attorney-General  and  his  Counfel  to  be  called 
in,  and  proceed  in  his  Defence.  Serjeant  P/W/tftf/  de- 
fired  to  be  excufed  from  pleading  in  a  Buftnefs  which 
required  fo  much  Pains  to  attend,  by  reafon  of  his 
bodily  Infirmities  ;  and  the  other,  Serjeant  Green, 
faying,  That,  being  affigned  fo  lately  to  this  Bufi- 
nefs, he  found  it  fo  intricate  to  be  put  in  a  Method, 
and  the  Records  to  be  perufed  fo  many,  that  he 
could  not,  upon  fo  (hort  Warning,  undertake  to 
make  theDefence:  He  therefore  humbly  craved  their 
Lordfhips  to  excufe  him  then,  and  allow  him  fome 
further  Time  to  prepare  himfelf  for  this  Purpofe. 

But,  upon  Confideration  of  this,  the  Lords  re-  Farther  Proceed- 
folved  to  allow  no  longer  Time;  on  which 
Hearne,  another  of  the  Attorney's  Counfel,  de-  General. 
fired  that  the  Impeachment  might  be  read;  which 
being  done,  he  faid,  That,  for  the  Matter  of  Fa<£l, 
nothing  appears  by  way  of  Charge,  but  the  Exhi- 
biting of  the  Articles  ;  and  that  no  Witnefs  was 
produced,   in  all  the  Caufe,  to  prove  any  Crime; 

VOL.  X.  Z  that 


354     Ybg  Parliamentary  HISTORY 

An.  17.  Car.  I.  that  there  was  but  an  Impeachment  and  a  Denial ; 
l64I-        and  no  Act  proved  but  what  was  confefied,  which 
V"7TVT""<1'    is  the  Exhibiting  the  Articles.    He  further  alledged, 
That  whereas  the  Attorney  was  charged  to  do  the 
Fact  malicioufly,  he  did  nothing  but  by  the  Com- 
mand of  the  King,  and  knew  not  of  the  Articles 
untill  they  were  delivered  to  him  by  his  Majefty. 

Next  Mr.  Chute,  another  of  Mr.  Attorney's 
Counfel,  argued,  '  That  it  was  the  Duty  of  the  At- 
torney to  profecute  the  King's  Caufes,  in  all  Courts 
of  Record,  when  he  fhall  be  called,  and  be  Affiftant 
in  allthefe  Matters  ;  to  this  Purpofe  he  read  the 
Attorney's  Oath.  Further  he  alledged,  That  the 
King's  Datum  eft  nobis  intelligi,  is  Warrant  enough 
to  the  Attorney  to  proceed  againft  any  Perfon,  as 
in  the  Record  of  Edward  III.  Rot.  38.  where 
William^  Archbifhop  ofYork,  upbn  Datum  eft  nobis 
intelligi,  was  brought  before  the  King  and  his 
Counfel,  and  profecuted  by  the  Attorney- General. 
He  alfo  urged  the  Reports  of  the  Judges  in  the  Earl 
of  Arundeli*  Cafe,  I  £ff  2.  Caroli,  Jpril  1626. 

Hefaid,  'That  the  Attorney  General  is  bound,  by 
his  Oath,  to  proceed  in  all  Courts  of  Record,  tho' 
the  King  gave  him  no  Command ;  and  that  in  Par- 
liament he  hath  profecuted  a  Commoner  at  large, 
as  31.  of  Edward  I.  Rot.  22.  where  Nicholas  de 
Segrave  was  fummoned,  by  the  Sheriff  of  Nor- 
thampton 9  to  appear  Cor  am  Domino  Rege  in  proximo 
,  Parliament  fuo,  tf/>w/Weftmonafterium />r/7rca  Ad- 
*uentu  Domini  Regis )  ibidem  ad audiendam  Voluntatem 
DominiRegis,fuperhiis  quee  tune  ibidemproponere  in- 
tender  et  verfus  eum ;  et  ad  faciendum  et  recipiendum 
uitenus  quod  Curia  Domini  Regis  confideraret  inPre- 
mijjis.  The  faid  Nicholas  Segrave  appearing  in  Par- 
liament, he  was  profecuted  for  the  King,  and  ac- 
cufed  by  Nicholas  de  Warwick^  That  he  malicioufly 
ftirred  up  Difcord  and  Contention  againft  "John  de 
Crumbwell,  who  was  employed  by  the  King  in  the 
War  againft  the  Scots.  A  Day  being  given  to  make 
Anfwer,  Segrave  fubmitted  and  acknowledged  his 
Offence  :  Upon  this  the  King  defired  the  Advice  of 
the  Lords,  what  Punifliment  fhould  be  inflicted 

upon 


Of    E  N  G  L  A  N  D.      355 

upon  Segrave  for  fuch  a  Fact,  fo  fully  and  expreflyA 
confefled;  the  Lords  gave  this  Judgment,  That, 
for  his  Fault,  he  deferved  to  lofehis  Life 5  yet  the 
King,  out  of  his  fpecial  Grace  and  Piety,  remitted 
the  judgment  of  Life  and  Members;  and  ordered 
the  (aid  Nicholas  Segrave  to  find  feven  good  and  fuf- 
ficient  Men  to  be  Bail  for  him,  Body  for  Body. 

In  eodem  Ratulo,  the  like  Accufation  was  of  Ni- 
cholas de  King  ft  on  and  Robert  Orchard:  Alfo  4  Ed- 
ward III.  Rot.  7.  N°.  1 6.  Sir  Thomas  Berkeley  and 
John  Maltravers  were  profecuted  in  Parliament,  for 
the  Murder  of  King  Edwardll.  and  were  tried  and 
acquitted  by  a  Jury.  And  4.  Rot.j.  N°.  17.  Rauf 
de  Ferrers  was  profecuted  in  Parliament,  upon  Su- 
fpicion  of  Treafon  :  So  in  the  Parliament  17  Rich- 
ardll.  N°.  20.  Thomas  Tallot,  Chevalier,  was  ac- 
cufed  in  Parliament,  for  confpiring  the  Death  of 
two  of  the  King's  Uncles.' 

TheCounfel  having  fpoken  concerning  the  Mat- 
ter of  Fa6t,  Mr.  Attorney  made  his  own  Defence 
to  that  which  concerned  the  Matter  of  Privilege  of 
Parliament ;  and  cited  the  Cafe  of  Philip  Courtney, 
16.  Richard  II.  N°.  16,  and  the  Cafe  of  the  Earl 
of  Arundele,  and  his  Remonftratlon  made  therein, 
April  19,  2.  Caroli.  He  alfo  infifted,  laftly;  on 
the  Cafe  of  the  Earl  of  Brijlol,  the  fame  Year. 
And  concluded  with  obferving,  That  he  did  not 
conceive  any  Thing  urged  againft  him  could  make 
up  the  Crime  that  he  is  charged  with,  but  only  the 
Vote,  patted  by  both  Houfes,  touching  the  Breach 
of  the  Privileges  of  Parliament ;  and  fo  fubmitted 
himfelf  to  the  Juftice  of  that  Houfe. 

Nothing  more  done  in  this  Caufe  at  this  Time  : 
But  Sir  Thomas  Beddingfield  and  Sir  Thomas  Gar- 
diner^ on  their  humble  Petition  to  the  Lords,  were 
releafed  from  the  Tower. 

March  15.    The  Lords  were  employed  about 

Irijh  Affairs,  &c.  'till  this  Day,  when  they  again 

took  the  Caufe  of  Mr.  Attorney  into  Confideration, 

Z  2  What 


356      jT/ta  Parliamentary  HISTORY 

An.  17.  Car.  l.  What  Judgment  was  to  be  given  on  the  Impeac-h- 
1641.         ment  of  the  Houfe  of  Commons  againft  him  ?  Af- 
<— — v— — >    ter  a  Ions;  Debate,  it  was  put  to  the  Queftion, 

1.  Whether,  upon  the  whole  Matter,  Mr.  At- 
The  Lords  Re-  torney  had  committed  a  Crime  for  which  he  ought 
foiutions  there- to  be  fentencej  by  that  Houfe  ?    Refolved  in  the 

Affirmative.  - 

2.  Whether  the  Attorney-General,  for  his  Of- 
fence, fhall  lofe  his  Place  r  Refolved  in  the  Nega- 
tive.    Againft  this  Vote  the  following  Lords  en- 
ter'J  their  Diffent ; 

Earl    of    NORTHUM-    Lord  HASTINGS. 

BERLAND.  Lord  WlLLOUGHBY    de 

Earl  of  ESSEX.  Parham. 

Karl  of  LEICESTER.  Lord  ST.  JOHN. 
Earl  of  WARWICK.  Lord  SPENCER. 
Earl  of  HOLLAND.  Lord  PAGET. 

Earl  O/BOLINGBROKE.    Lord  GREY  de  Werk. 
Earl  of  STAMFORD.         Lord  Roberts. 

3.  Whether  the  Attorney-General  fhall  pay  a 
Fine  to  the  King  for  his  Offence  ?  Refolved  in  the 

,      Negative;  the  fame  Lords,  as  above,  diflenting. 

4.  Whether  Mr.  Attorney  {hall  pay  Damages 
for  this  Offence  to  the  Parties  that  were  accufed  ? 

5.  Whether  the  Attorney  fhall  be  committed  to 
the  Tower  for  this  Offence  ? 

Both  thefe  were,  alfo,  refolved  in  the  Negative; 
the  fame  Lords  ftill  diflenting. 

The  Sentence,  at  laft,  agreed  upon  againft  Mr. 
Attorney,  will  appear  in  the  Proceedings  of  the 
enfuing  Month. 

Several  Votes  of     In  the  Afternoon  of  this  Day,  a  Meflage  was 
the  Commons,  brought  up  from  the  Houfe  of  Commons,  to  ac- 

for    putting    the  •          he  Lords        ;  h  fome  y  hat  had         ffe(1 

Kingdom  into  a  ^     .  .  .  ' 

State  of  Defence,  their  Houfe  ;  to  which  they  defired  their  Lordihips 

&(•  Concurrence,  as  thofe  Votes  were  to  be  the  Heads 

for  a  Declaration  to  be  drawn  up  by  a  Committee  : 

They  were  thefe  :  i//, 

d  Lord  Clarendon  omits  the  Firft  Resolution,  which  has  led  him 
into  fome  very  great  Mi/takes  in  his  Remarks  on  the  Proceedings  a- 
gainft  the  Attorney- General :  Mr.  Rujhivcrtbhas  omitted  all  thefe 
Refolutions  of  the  Lords,  and  Serjeant  Wyldes  Speech  at  opening 
tiie  Evidence  againft  him  ;  as  alfo  the  Attorney's  and  his  Counfels 
Defence  at  the  Bai  of  the  Houfe  of  Lords. 


Of    ENGLAND.       357 

i/?,  '  That  the  Kingdom  hath  been  of  late,  and  An.  17.  Car. 
ftill  is,  in  fo  evident  and  imminent  Danger,  from 
Enemies  abroad,  and  from  a  Popifh  and  difcontent-    '""j^^h 
ed  Party  ac  home,  that  there  is  an  urgent  and  inevi- 
table Neceflity  of  putting  his  Majefty's  Subjects  into 
a  Pofture  of  Defence,  for  the  Safeguard  both  of  his 
Majefty  and  his  People.'     The  Lords  agreed  with 
the  Commons  in  this  Vote,  the  following  Loids 
difienting, 

Earl  of  BATH,  Earl  ^/NEWPORT, 

Earl  of  So  'THAMPTON,  Lord  DUNSMORE, 

Earl  of  CLJ~  >  ELAND,        Lord  CAPEL. 

2<//y,  *  That  the  Lords  and  Commons,  fully  ap- 
prehending this  Danger,  and  being  feniible  of  their 
own  Duty  to  provide  a  fuitable  Prevention,  have, 
in  feveral  Petitions,  addrefied  themfelves  to  his  Ma- 
jefty, for  the  ordering  and  difpofing  of  the  Militia 
of  this  Kingdom,  in  fuch  a  Way  as  was  agreed 
upon  by  the  Wifdom  of  both  Houfes  to  be  the  moft 
effectual  and  proper  for  the  prefent  Exigencies  of  the 
Kingdom  ;  yet  could  not  obtain  it,  but  his  Majefty 
did  feveral  Times  refufe  his  Royal  Aflent  thereto.' 

Agreed  to  by  the  Lords. 

3«jYy,  *  That  in  cafe  of  extreme  Danger,  and  of 
his  Majefty's  Rcfufal,  the  Ordinance  agreed  on  by 
both  Houfes,  for  the  Militia,  doth  oblige  the  People, 
and  ought  to  be  obeyed  by  the  Fundamental  Laws 
of  this  Kingdom.' 

The  Queftion  being  put,  Whether  the  Judges 
fhould  be  heard,  in  point  of  Law,  as  to  this  Vote, 
it  pafled  in  the  Negative  ;  and,  upon  another  Que- 
ftion, the  faid  Vote  was  alfo  agreed  to.  A  Proteit 
was  entered,  in  Form,  againft  the  third  Vote,  and 
againft  the  Refolution  for  not  confulting  the  Judges ; 
but  it  does  no  more  than  repeat  the  two  Queftions, 
and  their  Diflent  from  them.  The  Lord  Lovelace's, 
Name  is  the  only  additional  one  to  thofe  laft  men- 
tioned. 

4/%,  *  Refolved^  upon  the  Queftion,  That  thefe 
fliall  be  the  Heads  of  a  Declaration.' 

Agreed  to. 

Zl 


358     The  Parliamentary  His  Tour 

An.  17.  Car.  1.      $tb!y,  '  Refolved,  That  fuch  Perfons  as  fhall  be 

1641.        nominated  Deputy-Lieutenants,  and  approved   of 

**-""'v-"-</    by  both  Houfes,  fhall  receive  the  Commands  of 

both  Houfes,  and  execute  their  Offices.' 

Which  are  agreed      Agreed  to  ;  the  Earl  of  Southampton  and  Lord 
to  by  the  Lords.  Dunjmore  only  diiTenting. 

Thefe  Votes  of  both  Houfes  were  ordered  to  be 
printed,  and  a  Committee  appointed  to  meet  the 
next  Day  and  draw  up  a  Declaration  upon  them. 

The  fame  Day  Sir  William  Lewis  reported  the 
Commons  Anfwer  to  the  King's  Reply,  concerning 
Mr.  Pymme's  Speech  relating  toPafies  into  Ireland; 
which  was  agreed  to,  and  ordered  to  be  fent  to 
his  Majefty,  by  Lord  Compton  and  Mr.  Baynton  j 
as  follows  : 

May  it  pleafe  your  Majejly, 

The  Commons  '  V°U.R  Majcftjfi's  moft  humble  and  faithful 
.Anfwer  to  the  6  Y  Subje&s,  the  Knights,  Citizens  and  Bur- 
King's^  Reply  •  g<  ;i--s  of  the  Commons  Houfe  of  Parliament,  ha- 
*  vin;1  .  Gdered  your  Majefty's  Reply  to  their  An- 
' '  fwei  'no;  nich  Perfons  as  have  been  licenfed 

'  by  yoiir  Majefly  ':o  pafs  into  Ireland,  do  moft 
'  humbly  bticcch  your  Majefty  to  believe,  That 
'  they  fhall  always,  with  Thankfulnefs  and  Joy, 
4  receive  from  your  Majefty  any  fatisfa&ory  Aric 
'  fwer  to  their  juft  Requefts  :  And,  as  they  hope 
'  they  fhall  find  in  your  Majefty  a  Readinefs  to  rec- 
'  tify  thofe  Things,  which  have  been  done  to  their 
'  Prejudice,  fo  will  they  be  careful  to  remove  all 
'  Apprehenfions  of  their  Actions  or  Speeches,  which 
'  may  feem  to  caft  any  Difhonour  upon  your  Ma- 


ror  your  Majefty's  better  Satisfaction  concern- 

*  ing  the   pofitive  Affirmation,  That  many  of  the 
(  chief  Commanders,  now  in  the  Head  of  the  Rebels, 
*.  (after  the  Ports  were  flopped  by  Order   of  both 
'  Houfes)  have  been  fuffered  to  pafs  by  yoiir  Majcjly's 

*  immediate  Warrant :  May  it  pleafe  your  Majefty 
f  to  confider,  That,  herein,  they  have  affirmed 


Of    ENGLAND.       359 

*  nothing  but  what  they  had  Caufe  to  believe  was  An.  17.  Car.  I. 

*  true;  the  Grounds  whereof  they  humbly  prefent 
4  to  your  Majefty. 

1  The  firjl  Ground  is  this,  That  both  Houfes 

*  of  Parliament,  (having,  upon  your  Majefty's  Re- 
4  commendation,  taken  into  their  Care  theSuppref- 
i  fion  of  the  Rebellion  in  Ireland)  had  Reafon  to  be 
4  efpecially  watchfull  over  the  Ports  ;  becaufe  the 

*  Rebels,  abounding  in  Numbers  of  Men  for  the 

*  moft  Part  ignorant  of  the  Ufe  of  Arms,  could  by 

*  no  Means  become  dangerous  or  formidable  to  this 
'  Kingdom,  but  by  the  Accefs  of  Soldiers  and  Com- 
4  manders  ;  Wherewith  they  were  like  to  be  furnifti- 
4  ed  either  out  of  France  or  Flanders ;  from  both 
4  which  Places  the  Paffage  into  Ireland  is  fpeedy 
4  and  eafy  through  this  Kingdom  :   And  therefore 

*  they  could  not  chufe  but  be  very  fenfible  of  what- 
4  foever  gave  Liberty  or  Opportunity  to  fuch  a  Paf- 
4  fage,  as  of  a  very  hurtful  and  dangerous  Grie- 
4  vance ;  for  Prevention  whereof  they  did,  upon 
4  the  feverith  of  November,  agree  upon  an  Order, 
4  and  reftrain  all  Paflage  into  Ireland,  but  upon  due 
4  and  ftri&  Examination,  by  fuch  Perfons  as  were 
'  trufted  to  make  thofe  Licences. 

4  A  fecond  Ground  that  the  other  Licence,  grant- 
4  ed  to  the  Lord  Delvin,  and  then  acknowledged 
4  by  your  Majefty's  Anfwer,  was  fuch,  (both  in  re- 
4  gard  of  the  Perfons  to  whom  they  were  granted, 
4  and  the  Extent  of  the  Words  in  which  they  were 
4  granted)  as  were  apt  to  produce  fuch  an  Effect 
4  as  is  mentioned  in  that  pofitive  Affirmation  ;  that 
4  is,  To  open  a  Way  for  the  Paffage  of  Papi/is  and 
4  other  dangerous  Perfons  to  join  with  the  Rebelt, 
4  and  to  be  Heads  and  Commanders  amongjl  them, 
4  is  thus  proved. 

4  The  firft  Warrant  granted  to  Colonel  Butler 
4  (fince  the  Order  of  Reftraint  by  both  Houfes  of 
4  Parliament)  did  extend  to  all  Ports  of  England  and 
4  Scotland ;  and  did  give  free  Pafiage  to  himfelf  and 
4  to  his  Company,  without  any  Qualification  of 
4  Perfons,  or  Limitation  of  Number;  and  thisColo- 
4  nel  was  himfelf  a  Panift,  had  a  Brother  in  the 

4  Re- 


360     The  Parliamentary  HISTORY 

An.  17.  Car.  I.'  Rebellion,  and  General  of  the  Rebels  in  Munjler\ 

1641.        *  was  expededj  and  very  much  denred,  by  thok; 

v-  '—v— i ~J    <  Rebels,  who,  for  a  long  Time,  had  kept  a  Re:ri- 

March.       4  mcnt  to  be  commanded  by  him,  as  we  have  been 

*  credibly  informed. 

4  The  fecond  was  granted  to  a  Son  of  the  Lord 

*  Netteruille,  which  Lord  had  four  Sons  in  England 
4  fince  the  Rebellion ;  one  cf  which  is  fettled  in 
'  England,  three  others  intended  to  pafs  into  Ireland, 

*  and  were  all  dangerous  Perfons,  being Papifis,  bred 

*  in  the  Wars  in  the  Service  of  the  King  of  Spain, 
4  and  one  of  them  lately  become  a  Jefuit. 

4  The  third,  to  the  Lord  Deh'm,  extends  to  him  - 
'  felf  and  four  Perfons  more  unnamed  ;  that  one 

*  of  thofe,  who  fhould  have  paft  with  him,  is  ta- 
'  ken  to  be  a  Jefuit ;  and  another,  who  calls  himfelf 

*  Plttntktt,  feems   to  be  a  Man  of  iome  Breeding 
4  and  Quality,  and  like  to  have  been  ici viceable  to 

*  the  Rebels,  and  to  have  done  Mifchief,  if  he  had 
4  gone  over. 

4  The  fourth  to  Sir  George  Hamilton  and  three 

*  more  unnamed ;  this  Gentleman  is  like  wife  a  pro- 
c  fefs'd  Papift,  and  may  be  doubted  to  be  of  the  Par- 
4  ty  of  the  Rebels ;  one  of  that  Name  being  men- 
4  tioned  in  the  Inftruc"tions  of  Sernpil^  the  Jefuit,  a- 
4  mongft  divers  other  dangerous  Perfons  of  the  Po- 
4  pifli  Party  in  Scotland  and  Ireland -y  which  Inltruc- 
4  tions   were  found  in  a  Ship  flayed  in  Cornwall, 
4  which  was  n;omg  into  Ireland \v\\.\\  divers  Jefuits, 
4  Soldiers,  and  others,  for  the  Encouragement  of 
<  the  Rebels. 

L  A  third  Ground  is  this,  That,  by  Virtue  and 
4  Authority  of  thefe  Licences,  feveral  Perfons  have 
4  pafled  over,  which  now  are  in  aclual  Rebellion, 
4  and  have  Command  amongft  the  Rebels  -}  which 
4  is  thus  proved  : 

4  Oiie  Captain  Button  did,  by  Virtue  and  Autho- 
'  rity  of  your  Majefty's  Licence,  embark  at  White- 
4  haven,  in,  the  Company  of  Colonel  Butler,  and 

*  was  driven  back  by  foul  Weather ;  whereupon 

*  the  Colonel  flayed,  and  went  to  Chr/h-r  ;  but  that 

*  Captain  re- embarked  himfeli  in  the  lame  Bottom, 

4  from 


Of    ENGLAND.      361 

*  from  whence  he  pafled  into  Ireland,  where  he  An.  17.  Car.  I. 
'  went  into  the  Rebellion  with  the  Lord  Dun/any  ; 

'  and  hath  fince  obtained  the  Place  of  a  Colonel    '~^^J 
'  amongft  the  Rebels,  as  we  are  credibly  informed. 
'  Two  of  the  Sons  of  the  Lord  Netterville,  one 

*  a  Jefuit,  and  the  other  a  Soldier,  pafled  into  Ire- 
4  land,  in  December  laft ;  both  of  them  by  Virtue 
'  of  your  Majefty's  Warrant,  as  we  have  Caufe  to 

*  believe,  for  that  they  went  both  together  in  one 

*  Ship;  and  the  Licence,  acknowledg'd  to  be  grant- 

*  ed  by  your  Warrant,  muft  needs  be  granted  to  one 

*  of  them ;  feeing  the  other  Brother,  who  lately  en- 
1  deavoured  to  pafs  over,  did  produce  no  Licence, 

*  and  upon  his  Examination  doth  abfolutely  deny 

*  that  he  had  any. 

*  A  fourth  Ground,  which  we  humbly  offer  to 

*  your  Majefty,  is  this,  That  your  Majefty  cannot 
4  be  aflured  that  no  other  did  pafs  upon  your  Li- 

*  cence,  as  your  Majefty  doth  conceive,  and  arc 
'  pleafed  to  exprefs  in  your  Anfwer  ;  and  that  we 

*  had  great  Caufe  to  believe  that  divers  others  had 
4  pafied  over  by  your  Warrant,  befides  the  Perfons 
4  aforementioned  ;  and  that  for  thefe  Reafons : 

i/?,  4  Becaufe  we  received  fuch  a  general  Infor- 
4  mation,  That  divers,  noiu  in  the  Head  of  the  Re- 
4  beh,  were  pajfed  by  your  Majejly  s  Licence  ;  which 
c  being  true  in  Part,  and  eafy  to  be  effected,  in  re- 
4  gard  of  the  Nature  and  Extent  of  the  Warrants ; 
4  and  probable  to  be  attempted,  in  regard  of  the 
'  Subtilty  and  Vigilancyof  that  Party  to  make  ufe 
4  of  all  Advantages,  leemed  to  deferve  Credit ; 

*  which  we  fhould  not  have  given  to  it,  if  it  had 
4  been  a  naked  Information  without  fuch  Circum- 
4  ftances. 

•idly,  t  Becaufe  we  had  concurring  Advertife- 
'  ments  from  Ireland  and  Cbejler,  that  divers  Priefts, 
4  Jefuits,  and  Popifli  Commanders  had  pafled  over, 

*  and  were  landed  there ;  and  particularly  fome  of 

*  Colonel  Butler's  Company  ;  and  that  the  Officers 

*  of  the  Ports  had  kept  no  Entry  of  the  Names  of 
4  thefe  Perfons,  or  of  the  Warrants  by  which  they 

*  were  tranfpoited. 

«  Thefe 


362     The  Parliamentary  HISTORY 

An.  17.  Car.  I.      <  Thefe,  we  hope,  will  be  fufficient  to  perfuade 

1641.        t  y0ur  Majefly  to  believe,  That  as  we  had  forr>e 

^^7''^J    '  Caufe  to  give  Credit  to  the  faid  Informations,  To 

'  we  had  no  Intention  to  make  any  ill  Ufe  of  them 

'  to  your  Majefly's  Difhonour ;  but  did  impute  the 

'  'flame  to  your  Miniflers,  who  might  have  been 

*  more  careful  to  have  informed  your  Majefly  of 

*  the  Quality  of  thcfe  Perfons  named  in  your  Li- 
'  cences ;  and  fo  to  have  limited  them,  that  they 
'  might  not  have  extended  to  others,  as  they  did, 
'  how  many  and  dangerous  foever. 

«  And  they  pray  your  Majefly  to  reft  aflured, 

*  That  they  mall  always  be  tender  of  your  Honour 

*  and  Reputation  with  your  good  Subjects  ;  and, 
'  for  this  Caufe,  have  made  this  true  Declaration  of 
«  the  full  State  of  this  Matter,  that  they  may  think 

*  no  otherwife  of  it  than  the  Truth  ;  and,  in  all 

*  Things,  mail  labour  to  efTablifh  a  good  \Jnder- 

*  {landing  and  Confidence  betwixt  your  Majefly 
'  and  your  People,  which  they  heartily  defne  and 
'  pray  for,  as  the  chiefeft  Means  of  preferving  the 

*  Honour,  Safety,  and  Profpsrity  of  your  Majefly, 

*  and  your  Kingdoms.' 

March  16.  This  Day  the  Lord-Keeper  deliver'^ 
to  the  Houfe  a  Letter,  directed  to  himfelf,  and  a 
Meflage  in  it,  from  the  King  to  the  Lords,  dated 
from  Huntingdon,  March  15  ;  which  was  read  in 
hesc  Verla  : 

TheKing'sMef-  ~f*J  I  $  Majefly  being  now  in  bis  Remove  to  bis  City 
fage  from  Hun-  JL  JL   Of  York,  where  he  intends  to  make  his  Rejidence 

to t?!a«d^for  fome  Time->  ^blks  &  io  fendthis  Mtffagi  to  both 

Militia,  &c.      Houfes  of  Parliament  : 

That  he  doth^  very  earneftly,  de/lre  that  they  will 
nfe  all  pojjible  Indujlry  In  expediting  the  Bufmefs  of 
Ireland,  in  which  they  Jhallfind  fo  ch  ear  fid  a  Concur- 
rence by  his  Majcfty,  that  no  Inconvenience  Jhall  hap- 
pen to  that  Service  by  his  Abfence  ;  he  having  all  that 
PaJJton  for  the  reducing  of  that  Kingdom^  which  he 
hath  exprcjfed  in  his  former  Mejfages  ;  and  being  un- 
able,  by  Words ^  to  manifefl  more  dffecJion  io  it,  than 

he 


Of    E  N  G  L  A  N  D.      363 

he  batk  endeavoured  to  do  by  tbofe  Mejfages\  having  An.  17.  Car.  I. 
likewife  done  all  fuck  Affs  as  be  hath  been  moved  unto        164*- 
by  bis  Parliament :  'Therefore,  if  the  Misfortunes  and    t*"7rvT*"' 
Calamities  of  his  poor  Protejlant  Subjects  there  Jhall 
grow  upon  them,  (though  bis  Majejly  Jhall  be  deeply 
concerned  in,  and  fenfible  of,  their  Sufferings)  be 
foall  wajh  bis  Hands  before  all  the  World,  from  the  * 

leajl  Imputation  of  Slackycfs  in  that  mojl  necejfary  and 
pious  Work. 

And  that  bis  Majejly  may  leave  no  Way  unattempt- 
ed,  which  may  beget  a  good  Under/landing  between 
him  and  bis  Parliament;  he  thinks  it  necejfary  to  de- 
dare,  That  as  he  hath  been  fo  tender  of  the  Privileges 
of  Parliament,  that  he  hath  been  ready  and  forward 
to  retraff  any  Act  of  bis  own,  which  he  hath  been  in- 
formed hath  trenched  upcn  their  Privileges;  fo  be 
expeRs  an  equal  Tendernefs  in  them  of  his  Maje fly's 
known  and  unquejlicnable  Privileges,  which  are  the 
Privileges  of  the  Kingdom ;  among/I  which,  be  is  af- 
fured,  it  is  a  Fundamental  one,  That  his  Subjects 
cannot  be  obliged  to  obey  any  AcJ,  Order,  or  Injunc- 
tion, to  which  bis  Majejly  bath  not  given  his  Confent : 
And  therefore  he  thinks  it  necejjary  to  publi/h,  That  be 
expecJs,  and  hereby  requires,  Obedience,  from  all  his 
loving  Subjects,  to  the  Laws  ejlabli/hed ;  and  that 
they  prefume  not,  upon  any  Pretence  of  Order  or  Or- 
dinance to  which  his  Majejly  is  no  Party,  concerning 
the  Militia,  or  any  other  Thing,  to  do  or  execute  what 
is  not  warranted  by  tbofe  Laws ;  bis  Majejly  being 
refolved  to  obferve  all  the  Laws  Himjelf,  and  to  re- 
quire Obedience  to  them  from  all  bis  Subjects. 

And  bis  Majejly  once  more  recommends  to  his  Par- 
liament the  Sub/lance  of  bis  Mejfage  of  the  20th  of 
January  lajl,  That  they  compoje  and  digefl,  with  all 
Speed,  fuch  AcJs,  as  they  Jhall  think  fit,  for  the  pre- 
fent  and  future  EJlabliJbment  of  their  Privileges ;  tht 
free  and  quiet  enjoying  their  EJlates  and  Fortunes  ; 
the  Liberties  of  their  Perfons ;  the  Security  of  the  true 
Religion  now  profej/ed  in  the  Church  of  England  ; 
the  maintaining  his  Majejly  sRegal  and  Jujl Authori- 
ty, and  fettling  his  Revenue ;  his  Majejly  being  mojl 
dejirous  to  take  all  fitting  and  jujl  JFays,  which  may 

beget 


Lo 


364     The  Parliamentary  HISTORY 

An.  17.  Car.  \.beget  a  happy  TJnderJlanding  between  him  and  bis 
J{HI.         Parliament,  in  which  he  conceives  his  great  eft  Power 

~ 


The  Lords,  taking  this  Meflage  into  Confidera- 
tion,  ordered,  That  it  fhould  be  communicated  to 
the  Houfe  of  Commons  at  a  Conference  ;  which 
being  done  accordingly, 

Mr.  Denzil  Holies  made'the  following  Report  : 
or  otf,  i  That  he  Lord  Roberts  who  was  app0inted  by  the 

Report  ot  a  Con-  _        ...  ,-,  .....  _,, 

ference  held       Lords  for  that  P  urpofe,  faid,  1  hat  he  was  command  - 
thereupon.        ed,  by  the  Lords,  to  deliver  what  is  their  Senfe  of 
this  Meflage;  and  to  reprefent  their  Observations. 

1.  *  Concerning  the  Militia;  the  Lords  do  {till 
infift  upon  the  Declaration  of  both  Houfes,  not- 
withftanding  any  Thing  exprefied  in  this  Meflage. 

2.  4  The  Lords  made  ibme  Observations  out  of 
the  Matter  of  the  Meflbge,  and  out  of  the  Circura- 
ftances  of  Time  and  Place. 

*  For  the  King's  Removal,  fo  far  as  York,  from 
the  Parliament  ;  and  the  great  Inconveniency  that 
fhould  happen  thereby  to  the  Kingdom  of  Ireland, 
by  reafon  of  his  Abfence;  the  Lords  taking  it  into 
Confideration,  do  conceive  his  Majefty's  removing 
fo  far  as  York,  muft,  of  Neceflity,  be  an  Obftruc- 
tion,  and  may  be  a  Deftrudion  of  that  Kingdom. 

*  The  next  Particular  out  of  the  Meflage  is,  con- 
cerning the  Privilege  of  Parliament,  and  the  Laws 
of  the  Land  :  The  Lords  are  of  Opinion,  That 
when  the  Parliament,  which  is  the  Supreme  Court 
of  this  Kingdom,  fliall  declare  what  the  Law  of 
the  Land  is,  to  have  that  not  only  cjueftioned  and 
controverted,  but  contradicted,  and  a  Command 
that  it  fhould  not  be  obeyed,  is  a  Breach  of  the 
Privilege  of  Parliament. 

4  The  next  Obfervation  they  had,  was,  from  the 
Time,  and  Place  :  For  by  comparing  this  with 
the  Votes  that  paffed  both  Houfes  Yeiterc'ay,  it  is, 
as  it  were,  a  Contradiction  of  thofe  Votes  :  They 
do  either  think  there  was  fome  prophetical  Spirit 
in  it,  that  this  fhould  be  fo  exprefs  an  Anfwer  to 
thofe  Votes,  or  that  it  was  framed  nearer  hand  : 

And 


Of   ENGLAND.     365 

And  therefore  defire,  that  it  may  be  referred  to  a  AT 
Committee  to  examine  the  fame.' r 

Soon  after  the  Lords  fent  for  Francis  Taylor,  the 
Meflcngcr,  and  afked  him  of  whom  he  had  the  irch' 

Letter  he  brought  from  the  King;  he  faid,  he  had 
the  Letter  from  a  Servant  of  the  Lord  Falkland^ 
Secretary  of  State,  laft  Night,  at  Nine  o'Clock, 
and  he  brought  it  and  delivered  it  to  the  Lord- 
Keeper. 

Then  the  Bill  For  clearing  the  Lord  Kimbolton 
and  the  five  Members  from  a  feign' d  Charge  of  High 
Treason  \  alfo  another  Bill  For  raifing  Money  for  the 
great  Affairs  of  the  Kingdoms  of  England  and  Ire- 
land, was  read  a  third  Time  by  the  Lords,  and 
pa  fled. 

'  Ordered,  That  the  Clerk  of  the  Crown,  in 
Chancery,  do  forthwith  draw  up  two  CommiUions, 
and  prepare  them  ready  for  the  Great  Seal,  for  his 
Majefty's  Royal  Aflent  to  be  given  to  thefe  twoBills. 

March  17.  The  Commons  fent  up  a  Mellage  to 
the  Lords,  by  Mr.  Denzil  Holies,  That  they  had 
taken  into  ferious  Confideration  the  Matter  of  the 
laft  Conference,  and  the  King's  laft  Meflage ;  That 
they  had  alfo  patted  fome  Votes  concerning  their 
Senfe  of  the  fame,  to  which  they  defired  their  Lord- 
fhips  Concurrence,  viz. 

4  Refolved,   That  this  Houfe  fhall  infift  upon  Votes  of  the 
their  former  Votes  concerning  the  Militia.  Commons 

4  Refolved,  That  the  King's  Abfence,  fo  far  re-c 
mote  from  his  Parliament,  is  not  only  an  Obftruc- 
tion,  but  may  be  a  Deftruction,  to  the  Affairs  of 
Ireland. 

olved,  That  when  the  Lords  and  Commons 
liament,  which  is  the  Supreme  Court  of  Ju- 
dicature in  the  Kingdom,  fhall  declare  what  the 
Law  of  the  Land  is,  to  have  This  not  only  que- 
fcioned  and  controverted,  but  contradicted,  and  a 

Com- 

T  Lord  Clarendon  obferves,  «  That  he  never  knew  both  Houfes  in 
more  Choler  and  Rage,  than  upon  receiving  this  Meflage  ;  which 
came  fo  early  to  them,  that  they  concluded  that  it  could  not  be  lent 
from  the  King,  but  that  it  had  been  inferred  in  Blanks  left  in  the 
Town  for  fuch  Purpofe;.* 


«  Rtfa 
in  Parliai 


366     The  Parliamentary  HISTORY 

An,  17.  Car.  I, Command  that  it  fhould  not  be  obeyed,  is  a  high 
^^l^^  Breach  of  the  Privilege  of  Parliament. 

March.  '  Refolved^  That  a  Committee  (hall  be  appointed 

by  this  Houfe  to  join  with  a  Committee  of  theLords. 
to  inquire  where  this,MelTage  was  framed. 

'  Refohed,  That  thofe  Perfons  that  advifed  his 
Majefty  to  abfent  himfelf  from  the  Parliament,  are 
Enemies  to  the  Peace  of  this  Kingdom,  and  juflly 
to  be  fufpe&ed  to  be  Favourers  of  the  Rebellion  in 
Ireland. 

'  Refohed)  That  thofe  Perfons  that  advifed  his 
Majefty  to  this  Meflage  are  Enemies  to  the  Peace 
of  this  Kingdom.'  q 

Which  are  agreed      A11  thefe  V°teS  Were  aSreed  to  b7  the  Lords- 

March  1 8.  The  Lords  made  feveral  Orders 
about  the  Contribution-Money  for  Ireland^  and  fe- 
veral private  Caufes  were  entered  into.  A  Mef- 
fage  came  up  from  the  Houfe  of  Commons,  de- 
firing  their  Lordfhips  to  fit  a- while,  for  they  fhould 
have  Occafion  to  come  up  to  them  about  a  Bufinefs 
of  Importance.  The  Lords  confented ;  but,  after 
waiting  fome  Time  in  Expectance,  they  fent  a 
Meflage  to  the  Commons,  That  they  had  fat 
a-while,  but  had  then  adjourned  till  the  next  Morn- 
ing, at  Nine  o'Clock. 

March  19.  It  was  not  till  the  Afternoon  of  this 
Day,  that  a  Meflage  was  brought  up  from  the  Houfe 
of  Commons,  deiiring  a  Conference  about  an  An- 
fwer  to  the  King's  lait  Meflage  from  Newmarket  j 
as,  alfo,  concerning  fome  Informations  the  Com- 
mons had  received,  touching  the  Affairs  of  the 
Kingdom.  This  Conference  being  held,  the  Lord- 

Keeper 

q  In  Huftands's  and  Rujhwcrib" 's  ColleSlions  the  following  Words, 
jufily  to  be  fufpcficd  to  be  Favourers  of  the  Rebellion  in  Ireland,  are 
added  to  the  laft  Refolution  as  well  as  to  that  foregoing  ;  but  it  ap- 
pears by  the  Journals  of  the  iyth,  That  the  Commons  refolved  to 
itrike  thefe  Words  out  of  the  Refolution  relating  to  the  Advifers  of 
the  King's  Meflage ;  and  finding  fome  falfe  Copies  had  been  printed, 
they  gave  Orders  for  the  printing  a  true  Copy,  under  the  Care  of  a 
Committee,  and  defired  the  Houfe  of  Lords  to  take  the  fame  Pre- 
caution.  Probably  this  Alteration  was  made  in  the  laft  Vote, 

out  of  Refpeft  to  the  Lord  Falkland,  then  Secretary  of  State  j  who 
.    feems  to  have  been  the  Penman  of  the  King's  Meflage. 


Of    ENGLAND.      367 

Keeper  reported  it  back  to  the  Lords,  to  this  Effect:  An.  17.  Cat  I. 

4  That  the  Houfe  of  Commons  had  received  fe- 
veral  Informations  from  abroad,  concerning  a  De- 
fign  to  invade  England,  the  Letters  of  which  were 
read,  importing,  That  the  Lord  Digby  had  got  &-fc 
gether  30  or  40,000  Men,  ztE/feneur,  in  Denmark,  ing 
and  a  Fleet  of  Ships  ready  to  convey  them  to  Hull,  mations  touch- 
This  Information  was  given  abroad  by  one  Ja?nes'1D%  an ,In,va^n 
Henley,  a  Mailer  of  a  Ship,  who  faid  he  was  treated  ot  Eng 
with  to  fcrve  as  Pilot  to  this  Fleet. 

*  The  next  Information  was  from  a  Frenchman, 
who  was  Servant  to  Monf.  Freeze,  Son  to  the  Lord 
Chancellor  of  Denmark,  who  faid,  That  he  came 
lately  from  Denmark,  and  heard  there  of  Levies 
of  Men  ;  and  at  Hamburgh  he  heard,  that  thofe 
Levies  were  defigned  for  England. 

'  The  Commons  offered  thefe  concurrent  Proofs 
to  make  the  Information  more  ccnfiderable. 

Firft,  '  The  Endeavours  to  have  put  trie  Earl 
of  Newcajlle  into  Hull,  and  his  coming  thither  un- 
der a  feigned  Name. 

Next, '  The  Expreffions  in  Lord  Digby's  Letters ; 
and  his  Majefty's  withdrawing  himfelf  into  thofe 
Parts,  notwithftanding  the  Advice  of  his  Parliament. 

*  To  this  the  Commons  added  another  Informa- 
tion they  had  received,  concerning  a  French  Fleet 
going  for  Ireland^  from  another  Mafter  of  a  Ship, 
who  met  them  fleering  that  Way. 

*  Thefe  were  fome  Materials  for  their  Fears,  and 
a  further  Caufefor  a  Continuance  of  their  Diflrac- 
tions  and  Jealoufies,  and  of  purfuingthe  Courfe  al- 
ready agreed  on,  for  fecuring  the  Kingdom,  and 
putting  the  Subjects  in  a  Pofture  of  Defence. 

*  It  was  further  delivered  atthis  Conference,  That 
a  Meffage,  with  all  Speed,  be  fent  to  his  Majefty,  to 
anfwer  fome  Things  in  his  late  Speech  to  the  Com- 
mittee of  Lords  and  Commons,    at  Newmarket, 
which  feem  to  reflect  upon  the  Honour  of  both 
Houfes  ;  to  intimate  to  him  the  Contents  of  thofe 
Advices  received  out  of  Holland;  and  to  renew  the 
Defires  of  both  Houfes  for  his  Majefty's  Return  to 
his  Parliament, 

Alfo 


368     The  Parliamentary  HISTORY 

An.  17.  Car.  I.      '  Aifo  the  Houfe  of  Commons  defired  their  Lortl- 

1641.        dips  Concurrence  to  the  following  Proportions  : 

*>  ---  \r—  -  J         Firjl,  '  That  a  Command  of  both  Houfes  be 

March.       £nt  to  ffcfl^  j^y  Exprefs,  to  the  Governor  there  to 

Propofuions  of  fufFer  no  foreign  Ships  to  come  into  that  Harbour, 

the  Commons    w;t;lout  ftrj£  Examination  ;  and  that  he  receive  no 

relatinc;  to   Hull  _       ..  ~  ut?  •  UT>  uri_ 

and  the  North-  bnglijn,  or  other  t  orces  into  that  I  own,  but  fuch 
em  Counties,      as  both  Houfes  (hall  advife  or  direct  him  to  receive, 
and  keep  that  Town  for  his  Majefty's  Service,  and 
the  Security  of  the  Kingdom. 

'  The  next  Proportion  related  to  giving  Induc- 
tions to  the  Lord-Admiral  to  take  Ipeciai  Care  to 
guard  the  Seas  ;  to  fearch  all  Ships  palling  between 
Holland  and  Hull;  and  to  enquire  what  Prepara- 
tions of  Land  or  Sea  Forces  are  making  at  El/l- 
neur. 

'  Laftly^  The  Lord  Lieutenants  and  High-She- 
riffs of  the  Northern  Counties  were  to  be  ordered, 
from  both  Houfes,  to  fupprefs  all  Forces  which  (hall 
be  raifed  in  thofe  Parts  without  the  Direction  of 
Parliament  ;  and  to  take  fpecial  Care  of  Newcaftle9 
Hull,  and  other  Towns  on  thofe  Coafts. 

4  Then  was  reported  a  Letter,  without  a  Name, 
dated,  Newtnarket^  March  8,  1641,  fent  to  Mr. 
Pymme,  intimating,  That  the  Navy  will  be  treache- 
rous to  the  Parliament  ;  that  Forces  will  be  fent  out 
of  France  into  Ireland  ;  that  Declarations  from  the 
King  will  be  printed  of  the  Grievances  of  Parlia- 
ment ;  and  that  fome  of  the  Members  of  the  Houfe 
of  Commons  betray  all  their  Doings,  and  fend  the 
King  the  Heads  of  their  Intents  and  Refolutions.' 

This  Report  being  ended,  the  Lords  took  it  into 
Confideration  ;  and,  after  aferious  Debate,  theCom- 
mons  Anfwer  to  the  King's  laft  Meflage  was  read 
and  agreed  to  ;  the  Earl  of  Bath,  with  the  Lords 
j  Grey,  Dunfmore,  and  Capel  diffenting. 


The  firft  Proportion  concerning  Sir  John  Ho- 
t^am's  not  admitting  Forces  into//?///,  was  objected 
to,  becaufe  of  thefe  Words,  Without  the  Advice  or 
Dire  ft  ion  of  Lcth  Houfes  of  Parliament;  and  it  was 


Of    ENGLAND.     369 

refolded  to  propofe  that  it  fliould  run,  Without  the  An.  17.  Car.  I, 
King's  Authority  fignlfied  by  loth  Houfes  of  Parlia-     ^   ^t^", 
merit.  March; 

The/I-roffdfPropofition  was  wholly  agreed  to,  and 
ordered  accordingly. 

To  the  third^  That  the  Lieutenants  and  Sheriffs 
fhould  take  Care  to  fupprefs  InfurreiSlions,  &c.  it 
was  refolved  to  be  put  to  the  Commons,  Whether 
it  was  not  a  Weakening  tc  a  former  Order  of  both 
Houfes,  given  to  Sheriffs,  &c.  for  fuppreffing  un- 
lawful Affemblies. 

Refolved  to  have  another  Conference  with  the 
Commons  about  thefe  Emendations. 

The  Houfe  of  Commons  fent  up,  by  Sir  'John 
Colepeper^  Chancellor  of  his  Majefty's  Exchequer^ 
a  Bill  of  Subfidy  of  Tonnage  and  Poundage,  cffr. 
on  Merchandize  imported  or  exported;  which  the 
Lords  read  a  firft  Time. 

The  fame  Day  the  King's  Commiffion  was  read, 
for  pafling  one  Bill,  intitled,  An  Att  for  the  fpeedy 
and  effectual  reducing  of  the  Rebels  in  his  Majejly^s 
Kingdom  of  Ireland  ;  when  the  Commons  being 
fent  for,  the  Royal  Affent  was  given  with  the  ufual 
Ceremonies.  This  Aft  refpe&ed  the  Adventurers, 
in  that  Kingdom,  already  mentioned. 

March  21.  This  Day  the  Conference  was  held 
about  the  late  Propofitions,  when  the  Commons 
would  not  agree  with  the  Lords  in  the  Alteration 
of  that  about  Hull ;  but  adhered  to  the  firft.  As 
to  the  other  about  Sheriffs,  the  Commons  conceived 
it  was  no  Weakening  of  their  former  Order  :  But 
to  make  it  clearer,  a  Letter  might  be  writ  to  that  Which  the  Lords 
Effeft  to  the  Lord-Lieutenants  and  the  Sheriffs  :£ 
Upon  which  the  Lords  agreed  to  all  as  they  were*0' 
firft  propofed. 

Mr.  Glynne,  one  of  the  Committee  on  the  Bill 
againft  the  Bifhops,  made  a  Report  of  it  to  the 
Houfe,  on  which  they  came  to  the  following  Re- 
folutions  : 

VOL.  X.  A  a  « R*- 


370     'The  Parliamentary  HISTORY 

An.  17.  Car.  i.  <  Refolded,  &c.  That  a  Queftion  fhall  be  put 
upon  every  particular  Bifhop. 

«  Refolded,  &c.  That,  by  this  Bill,  the  Archbi- 
fliop  of  York  (hall  not  forfeit  the  Inheritance  of  his 

Refolutions  of    Temporal  Mate.' 

gafnft^TTm-3"     The  like  Queftion  was  put  upon  Thomas  Biftiop 

peach'd  Bifliops.  of  Durham,  and  fo,  feverally,  on  all  the  reft,  and 
refolved  negatively.  But,  upon  another  Queftion, 
Whether  the  Archbifhop  and  the  reft,  feparately, 
fliould,  by  that  Bill,  forfeit  the  Profits  and  I  flues  of 
their  Temporal  Eftates,  Freehold  Lands,  and  Lands 
of  Inheritance,  during  their  Lives  ?  it  was  carried 
in  the  Affirmative. 

*  Refolved,  That  the  Archbifhop  of  York  (hall 
be  allowed  ico  /.  per  Annum. 

March  22.  The  following  Meflage,  to  be  fent  to 
the  King,  from  both  Houfes,  was  this  Day  read  by 
the  Lords,  and  agreed  to,  and  ordered  to  be  prefent- 
fd  to  the  King,  by  a  Committee  of  both  Houfes. 

May  itpleafe  your  Majefty, 

Antwer  of  both*  '*£T  Our  Majefty's  moft  loyal  Subjects,  the  Lords 
Houfes  to  the  t       f    an(JCornmonsmparijament  cannot  conceive 

King  s  laft  Mef-       ,«*•  _^  J '       .    _  . 

fage  from  New-    that  the  Declaration  which  your  Majefty  received 

tMrket.  «  from  us  at  Newmarket,  was  fuch  as  did  defervethat 

1  Cenfure  your  Majefty  was  pleafed  to  lay  upon  us, 

*  in  that  Speech  which  your  Majefty  made  to  our 

*  Committees  there,  and  fent  in  Writing  to  both 
6  Houfes  :    Our  Addrefs  therein,  being  accompa- 
c  nied  with  Plainnefs,  Humility,  and  Faithfulnefs, 
c  we  thought  more  proper  for  the  removing  the 
'  Diftradtions  of  the  Kingdom,  than  if  we  had  then 
c  proceeded  according  to  your  Majefty's  Meflage  of 
'  the  twentieth  of  January ;  by  which  your  Majefty 

*  was  pleafed  to  defire,  That  we  would  declare 
e  what  we  intended  to  do  for  your  Majefty,  and 
'  what  we  expected  to  be  done  for  otirfelves :   In 

*  both  which  we  have  been  very  much  hindered  by 

*  your  Majefty's  Denial  to  fecure  us  and  the  whole 
'  Kingdom,  by  difpofmg  the  Militia,  as  we  had  di  - 
'  vers  Times  moft  humbly  petition'/;,;   and  yet  we 

have 


Of     ENGLAND.      571 

c  have  not  been  altogether  negligent  of  either,  ha- An.  17.  Cn.-.  I. 
6  ving  lately  made  good  Proceedings  in  preparing        l6+Ip 
'  a  Book  of  Rates  to  be  pafs'd  in  a  Bill  of  Tonnage    ^"T7VT""'' 
'  and  Poundage,  and  likewife  the  moft  material 

*  Heads  of  thofe  humbleDefires,  which  we  intended 

*  to  make  to  your  Majefty,  for  the  Good  and  Con- 
'  tentment  of  your  Majefty  and  your  People  :   But 

*  none  of  thefe  could  be  perfected  before  the  King- 
'  dom  be  put  into  Safety,  by  fettling  the  Militia  ± 
'  and  untill  your  Majefty  fhall  be  pleafed  to  con- 

*  cur   with    your    Parliament   in   thofe  neceflary 
'  Things,  we  hold  it  impoffible  for  you  to  give  the 
'  World,  or  your  People,  fuch  Satisfaction  concern- 
'  ing  the  Fears  and  Jealoufies  which  we  have  ex- 
4  prefled,  as  we  hope  your  Majefty  hath  already  rc- 
'  ceived,  touching  that  Exception  which  you  were 
'  pleafed  to  take  to  Mr.  Pymmis  Speech. 

*  As  for  your  Majefty's  Fears  and  Doubts,  the 
'  Ground  whereof  is  from  feditious  Pamphlets  and 
'  Sermons,we  {hall  be  as  careful  to  endeavour  theRe- 
'  moval,  as  foon  as  we  fhall  underftand  what  Pam- 

*  phlets  and  Sermons  are  by  your  Majefty  intended, 
'  as  wehave  been  to  prevent  all  dangerousTumults : 
'  And  if  any  extraordinary  Concourfe  of  People,  out 

*  of  the  City  otWeJlminfter^  had  the  Face  and  Shew 
'  of  Tumult  and  Danger,  in  your  Majefty's  Appre- 
'  henfion,  it  will  appear  to  be  caufed  by  yourMaje- 
6  fty's  Denial  of  fuch  a  Guard  to  your  Parliament, 

*  as  they  might  have  Caufe  to  confide  in  ;  and  by 
4  taking,  into  Whitehall^  fuch  a  Guard  for  yourfelt, 
'  as  gave  juft  Caufe  of  Jealoufy  to  the  Parliament, 
'  and  of  Terror  and  Offence  to  your  People. 

'  We  feek  nothing  but  your  Majefty's  Honour, 

*  and  the  Peace  and  Profperity  of  your  Kingdoms  ; 

*  and  we  are  heartily  forry  we  have  fuch  plentiful 

*  Matter  of  an  Anfwer  to  that  Queftion,  Whether 

*  you  have  violated  our Laius?  We  befeech  yourMa- 
'  jefty  to  remember,  that  the  Government  of  this 
'  Kingdom,  as  it  was  in  a  great  Part  managed  by 
e  your  Minifters,  before  the  Beginning  of  this  Par- 
'  liament,  confifted  of  many  continued  and  multi-. 
'  plied  A6ls  of  Violation  of  Laws  ;  the  Wounds 

'      A  a  2  '  whereof 


372     *Ihe  Parliamentary  HISTORY 

whereof  were  fcarcely  healed,  when  the  Extremity 
4  of  all  thole  Violations  was  far  exceeded  by  the 
4  late  ftrange  and  unheard-of  Breach  of  our  Laws, 
Marc  '  '  in  the  Accufation  or"  the  Lord  Kimbolton  and  the 
4  five  Members  of  the  Commons  Houfe,  and  in  the 
4  Proceedings  thereupon  ;  for  which  we  have  yet 
4  received  no  fuil  Satisfaction. 

4  To  your  Majefty's  next  Queftion,  Whether  you 
4  had  denied  any  Bill  for  the  Eafe  and  Security  of 
4  your  Subjeffs  ?  We  wifh  we  could  flop  in  the 
4  Midft  of  our  Anfwer,  That  with  much  Thank- 
4  fulnefs  we  acknowledge  that  your  Majefty  hath 
4  palled  many  good  Bills,  full  of  Contentment  and 
4  Advantage  to  your  People ;  but  Truth  and  Ne- 

*  ceflity  inforce  us  to  add  this,  That,  even  in  or 
4  about  the  Time  of  patting  thofe  Bills,  ibme  De- 
'  fign  or  other  hath  been  on  Foot,  which,  if  it  had 
4  taken  Effect,  would  not  only  have  depriv'd  us  of 
'  the  Fruit  of  thofe  Bills,  but  have  reduced  us  to  a 
4  worfe  Condition  of  Confufion  than  that  wherein 

*  the  Parliament  found  us. 

4  And  if  your  Majefty  had  afked  us  the  third 
4  Queftion  intimated  in  that  Speech,  What  we  have 
4  done  for  your f elf  ?  Our  Anfwer  would  have  been 
4  much  more  eafy ;  That  we  have  paid  two  Armies 
4  wherewith  the  Kingdom  was  burden'd  laft  Year; 
4  and  have  undergone  the  Charge  of  the  War  in 
4  Ireland^  at  this  Time  ;  when,  thro'  many  other 
4  exceffive  Charges  and  Preflures,  your  Subjects 
4  had  been  exhaufted,  and  the  Stock  of  the  King- 
4  dom  very  much  diminifhed  :  Which  great  Mif- 
4  chiefs,  and  the  Charges  thereupon  enfuing,  have 
4  been  occafioned  by  the  evil  Counfels,  fo  powerful 
4  with  your  Majefty,  which  have,  and  will,  coft  this 
4  Kingdom  more  than  two  Millions;  all  which,  in 
.4  Juftice,  ought  to  have  been  borne  by  your  Majefty. 

4  As  for  the  free  and  general  Pardon,  your  Ma- 

*  jefty  hath  been  pleafed  to  offer,  it  can  be  no  Secu- 
'  rity  to  our  Fears  and  Jealoufies,  for  which  your 
4  Majefty  feems  to  propound  it;  bccaufe  they  arife 
4  not  from  any  Guilt  of  our  own  Actions,  but  from 
4  the  evil  Dcngns  and  Attempts  of  others. 

4  To 


Of    ENGLAND.       373 

'4  Xo  this  our  humble  Anfvver  to  that  Speech,  we  An-  17-  c"« 
4  defire  to  add  an  Information,  which  we  lately  re- 
4  ceived  from  the  Deputy- Governor  of  the  Mer-  ^^^ 
4  chant-Adventurers  at  Rotter  dam  ^  in  Holland, 
4  That  an  unknown  Perfon,  appertaining  to  the 
4  Lord  Digby,  did  lately  follicit  one  Jamti  Henley^ 
4  a  Mariner,  to  go  to  Elfineur,  and  to  take  Charge 
4  of  a  Ship  in  the  Fleet  of  the  King  of  Denmark^ 
4  there  prepared,  which  hefliould  conduct  to  Hull; 
4  in  which  Fleet  likewife,  he  laid,  a  great  Army 
4  was  to  be  tranfported:  And  although  we  are  not 
4  apt  to  give  Credit  to  Informations  of  this  Nature, 
'  yet  we  cannot  altogether  think  it  fit  to  be  negledt- 
4  ed,  but  that  it  may  juftly  add  fomewhat  to  the 
4  Weight  of  our  Fears  and  Jealoufies;  confidering 
4  with  what  Circumftances  it  is  accompanied  ;^ — 
4  of  the  Lord  Digby's  preceding  Expreffions,  in  a 
4  Letter  to  her  Majefty,  and  Sir  Lewis  Dives ; — and 
4  your  Majefty's  fucceeding  Courfe  of  withdrawing 
4  yourfelf  Northward  from  your  Parliament,  in  a 
4  Manner  very  fuitable  to,  and  correfpondent  with, 

*  that  evil  Counfel ;  which  we  doubt  will  make 
4  much  deeper  Impreffion  in  the  Generality  of  your 
4  People  :  And,  therefore,  we  moft  humbly  advife 
4  and  befeech  your  Majefty  for  the  Procuring  and 

*  Settling  the  Confidence,  both  of  your  Parliament 

*  and  all  your  Subjects,  and  for  the  other  Reafons 
4  concerning  the  Recovery  of  Ireland  and  Security 
4  of  this  Kingdom,  which  have  been  formerly  pre- 
4  fented  to  your  Majefty,  that  you  will  be  gracioufly 
4  pleafed,  with  all  convenient  Speed,  to  return  to 
4  thefe  Parts,  and  to  clofe  with  the  Counfel  and 
4  Defire  of  your  Parliament;  where  you  (hall  find 
4  their  dutiful  AfFedions  and  Endeavours  ready  to 
4  attend  your  Majefty,  with  fuch  Enteitainment  as 
4  fhall  not  only  give  your  Majefty  juft  Caufe  of  Se- 
4  curity  in  their  Faithfulnefs,  but  other  manifold 
4  Evidences  of  their  earneft  Intentions  and  Endea- 
4  vours  to  advance  your  Majefty's  Service,  Honour, 
4  and  Contentment ;  and  to  eftablifti  it  upon  the 
4  fure  Foundation  of  the  Peace  and  Piofperity  of  all 
4  your  Kingdoms.' 

A  a  3  An- 


374     Tk*  "Parliament ar$  HISTORY 

An.  17.  Car.  I.     Another  Order  about  //////,  fent  up  by  the  Com- 
1641.        mons,  was  read  and  agreed  to  by  the  Lords,  much 
U^"V7~*'    to  the  lame  Purpofe,  but  ftronger  than  the  former : 
*•  The  Governor,  Sir  John  Hotham,  was  to  take 
Orders  of  both^are  no  ^ere'gn  Ships  fhould  enter  that  Port,  with- 
Houfcs  concern- out  frricl  Examination  of  their  Strength,    Bur~ 
den,  &c.    No  Englijb^  or  other  Forces  whatfoever, 
to  be  fu  fib  red  to  enter,  but  thofe  already  appointed 
to  be  the  Garrifon  there;  and  fuch  other  as,  by  the 
Wifdorn  and  Authority  of  both  Houfes  of  Parlia- 
ment, fhall  be  advifed  and  directed  to  be  received 
and  kept,  for  the  better  Guard  and  Defence  of  the 
Town  and  Magazine  therein  remaining,  for  his 
Majefty's  Service  and  the  Security  of  the  Kingdom. 
In  the  doing  whereof  the  Mayor  of  the  faid  Town, 
and  all  other  his  Majefty's  Officers  and  Subjects, 
were  commanded  to  be  aiding  and  affifting  to  the 
faid  Governor,  as  they  would  anfwer  the  contrary 
at  their  Peril.' 

The  fame  Day,  March  22,  the  Commons  fent 
up  to  acquaint  the  Lords  with  a  Vote  which  they 
had  pa/Ted,  and  to  which  they  defired  their  Lord- 
ihips  Concurrence,  viz.  *  That  when  the  Lords 
and  Commons  in  Parliament  (hall  declare  what  the 
Law  of  the  Land  is  :  To  have  this  not  only  que- 
ftioned  and  controverted,  but  contradicted,  and  a 
Command  given  that  it  be  not  obeyed,  is  a  high 
Breach  of  the  Privilege  of  Parliament.'  To  this 
the  Lords  agreed  ;  as  they  could  do  no  lefs,  fince 
they  had  before  given  their  Opinion,  alrnoft  in  the 
very  fame  \Vords,  aj;  the  Conference  occafioned  by 
the  King's  Mefiage  from  Huntingdon. 

Next,  feveral  Orders  of  the  Houfe  of  Commons 
were  read  concerning  the  Lord-Lieutenants  of  the 
Counties,  and  their  new  Ordinance  about  the  Mi- 
litia.    The  Commons  defired  to  know  if  the  old 
And  theLicnte-Lorti_L;eutenants  had  brought  in  all  their  Com- 
J*£sof  thcMi'mifiions,  as  was  formerly  ordered  by  both  Houfes. 
The  Names  of  the  Deputy-Lieutenants  to  be  taken, 
and  fent  to  the  Comijxms  for  their  Approbation,  &c. 

Acrecd  to  by  the  Lords. 

The 


Of    ENGLAND.       375 

The  Lord- Admiral  gave  in  a  Paper  of  an  Infor-  An.  17.  Car.  I, 
mation  he  had  got,  by  fending  a  difcreet  Perfon  on 
the  Coaft  of  France,  to  difcover  the  Number  of 
their  Ships  of  War  and  Land  Forces  in  their  feveral 
Ports ;  by  which  it  appeared  there  were  fome  Pre- 
parations making  of  Men  and  Shipping ;  but  to 
what  Purpofe,  the  Informant  faid  not. 

March  23.'  There  had  been  a  Bill  fent  up  by  the 
Commons,  intitled,  A n  Aft  for  averting  of  fome 
Privileges^  lately  broken^  and  to  prevent  the  Break- 
ing thereof  in  Time,  to  ccme :  It  was  this  Day  deba- 
ted in  the  Houfe  of  Lords  a  long  Time;  and,  after 
the  Debate,  it  was  recommitted  to  confider  further 
of  it,  and  report  the  fame  to  the  Houfe. 

The  Lords  making  an  Order  'That  the  Arch-  The  Trial  of  th« 
bifhop  of  Canterbury  mould  confer  the  Prefentation  ^rchbifhop  of 

i*  o        r  »T"»/77*  i  •  r  (stmterburvy  C9V« 

of  bt.  Leonard  s,  FoJier-Lane,  according  to  a  former  ordered  to  be 
Order,  upon  George  Smith^  Clerk;  upon  that  Oc-haftened. 
cafion  it  was  moved,  That,  confidering  the  Power 
the  Archbifhop  of  Canterbury  hath  in  Ecclefiaftical 
Matters,  whereby  the  Church  is  ftill  troubled,  not- 
withftanding  his  Imprifonment ;  the  Houfe  of  Com- 
mons mould  be  fent  to,  to  be  defir'd  that  they  would 
proceed  to  make  good  their  Impeachment  of  High 
Treafon  againft  him,  that  fo  he  might  receive  Judg- 
ment according  to  his  Demerit :  Allo  to  move 
the  Commons,  that  they  would  proceed  againft 
the  reft  of  the  Delinquents  with  all  convenient 
Speed. 

The  Meflengers  fent  with  this  MefTage  to  the 
Commons,  return'd  with  this  Anfwer,  c  That  they 
would  proceed  with  all  thofe  that  are  impeached  by 
that  Houfe  with  all  convenient  Speed.'  But  this 
Anfwer  was  immediately  followed  by  a  Meflage, 
fent  by  the  Commons,  importing,  '  That  where- 
as their  Houfe  formerly  brought  up  a  Declaration, 
containing  the  Caufes  of  Grievances,  with  fome 
Remedies  propofed  for  curing  the  fame,  they  defire 
their  Lordfliips  would  pleafe  to  take  it  into  fpeedy 
Confidcration,  and  join  with  the  Houie  of  Com- 
mons 


376     The  Parliamentary  HISTORY 

An.  17.  Car.  i.mons  therein;  it  being  a  Matter  of  great  Impor- 
tance.' 

The  Commons  alfo  defired,  That  the  Judges 
might  be  proceeded  againft,  who  are  impeached  by 
them,  and  that  their  Lordfhips  would  pleafe  to  ap- 
point a  Day  for  the  fame,  and  the  Commons  would 
be  ready  to  make  good  their  Charge  againft  them. 
On  this  the  Lords  ordered  that  the  Report  of  the 
Declaration  of  Grievances,  &c.  fhould  be  made  the 
next  Morning ;  and  that  the  Judges  fhould  put  in 
their  Anfwers  to  the  Impeachment  on  the  3 ill  In- 
ftant. 

•  March  24.  'The  Lord  Compton  reported,  That, 
according  to  the  Command  of  the  Commons,  he 
and  k\r.Baynt<m  did  attend  his  Majefty  at  York ;  that 
they  arrived  there  on  Saturday  laft,  and  prefented 
his  Majefty  with  the  Reply  of  that  Houfe,  concern- 
ing the  Paflage  in  Mr.  Pymmis  Speech,  touching 
fome  Commanders  now  in  the  Head  of  the  Re- 
bels, csV.  and  received  his  Majefty's  Anfwer,  in 
.Writing,  on  Monday  Morning  ;  which  was  read, 
and  was  in  b<ec  Verba  : 

The  King's  An-  TLJ I S  Majefty  hath  fecn  and  conftdered  ike  Mef- 
fwert°thcCom-'4^*  fage,  prefented  to  him  by  the  Lord  Compton 
ceminga'Jpafi"agctfW^  ^r-  Baynton,  the  nineteenth  c/'March,  1641, 
in  Mr?  Pymmis  at  York,  touching  fuch  Perfons  as  have  been  licenced 
Speech j  fry  his  Maje/iy  to  pafs  into  Ireland. 

Though  he  will  not  infift  upon  what  little  Reafon 
they  had  to  fujpeft,  that  Jome  lll-affefted  bad  pajfed 
into  Ireland,  under  Colour  of  his  Majefty  s  Licence, 
Inferences  being  /lender Proofs  to  ground  Belief  upcn ; 
yet  he  mujl  needs  avcw,  that^  for  any  Thing  that  is 
yet  declared^  be  cannot  fee  any  Ground,  why  Mr. 
Pymmejbould  fo  boldly  affirm^  before  both  Houfes  of 
Parliament,  That,  fince  the  Stop  upon  the  Ports, 
by  both  Houies,  againft  all  Irijh  Papifts,  many  of 
the  chief  Commanders  now  in  the  Head  of  the 
Rebels,  have  been  fuffered  to  pafs,  by  his  Maje- 
fty's immediate  Warrant ;  for  as  yet  there  is  not 
any  parti cularPerfan  named,  that  is  nowfo  much  js 


Of    E  N  G  L  A  N  D.      377 

in  Rebellion,  much  lefs  in  the  Head  of  the  Rebels,  to  An.  17.  Car.  l. 
whom  his  Majejly  ha  th  given  L  icence :  And  therefore^        1 64 *  • 
according  to  bis  Majejly' s  Reply  upon  that  Sutjefi,    *""rjV"u"J 
his  Majefty  expetts,  thai  his  Houje  of  Commons  pub- 
lift)  fuch  a  Declaration,  whereby  this  Mijlaking  may 
be  cleared ;  that  fo  all  the  World  may  fee  his  Ma- 
jejly's  Caution  in  giving  of  PaJJes;  and  likewife  that 
his  Minijiers  have  not  abufed  his  Majejiy's  Trufl,  by 
any  furreptiiiaus  Warrant. 

And,  laftly,  his  Majejly  expetts,  that  henceforth 
there  be  more  Warinefs  ujed,  before  fuch  public  Afper- 
fions  be  laid;  unlefs  the  Grounds  be  before-hand  better 
warranted  by  fufficient  Proofs. 

The  Lords  had  petitioned  the  King  to  remove 
Sir  John  Pennington  from  being  Commander  of 
the  Fleet,  to  which  he  return'd  this  Anfwer,  viz.  AS  alfo  to  the 
That  his  Majefty  fees  no  Reafon  why  be  jhould  give Lords  Petition, 
Way  to  the  Alteration  of  him,  who  was  firjl  made^^j^^ 
Choice  of  by  the  Lord- Admiral,  for  that  Charge,  an'dnington  from  the 
approved  of  by  himfelf:  Therefore  his  Majejiy  can-  Command  of  the 
not,  in  Honour  and  Jujlice,  appoint  any  other  for  that        * 
Charge  than  Sir  John  Pennington ;  of  whofe  Abi- 
lity and  Integrity  his  Majejly  hath  had  fo  long  and 
good  Experience. 

The  Earl  of 'Warwick  was  the  Perfon  nominated 
to  the  King  for  that  Truft,  by  the  Lords  ;  who, 
when  they  received  this  Meflage,  fent  it  down-to 
the  Commons,  with  a  Deiire  that  both  Houies 
fhould  join  in  a  Petition  to  the  King,  That  the  faid 
Earl  might  command  in  Chief,  in  this  Summer's 
Fleet,  and  to  prefent  what  Reafons  are  thought 
proper  for  the  Purpofe. 

The  Lord-Keeper  acquainted  the  Houfes,  That 
he  had  received  a  Letter  from  the  King,  'dated 
at  York,  March  21,  1641,  with  a  Declaration  in- 
clofed,  in  Anfwer  to  that  from  the  Parliament, 
prefented,  at  Newmarket ,  the  ninth  Inftant ;  both 
which  he  was  commanded  to  communicate  to 
their  Lordfliips.  The  Declaration  run  in  thefe 
Words : 

Though 


378     The  Parliamentary  HISTORY 

An.  17.  Car.  1.  ''jT'tiough  the  Declaration,  lately  prefented  ts  us  at 

1641.         .f     Newmarket,  from  both  our  Houfes  of  Parlia- 

M  V~h        went?  be  of  jo  Jlrange  a  Nature,  (in  reflect  of  what 

we  expeffed,  after  fo  many  Afls  of  Grace  and  Fa- 

And  to  the  Pax-  voter  to  our  People  )  and  fame  ExpreJJions  in  it  fo  dif- 

lomears.  Decla-y^^  from  the  ufual  Language  to  Princes,  that  we 

"* 


we 

at  Nwu-Wgb*  we^  ta^e  a  very  long  Time  to  conjider  of  it  ;  yet 
the  Clearnefs  and  Uprigbtnefs  of  our  Conscience  to 
God.  find  Love  to  our  Subjects,  bath  fupplied  us  with 
a  Jpeedy  Anfiver  ;  and  our  unalterable  AffeStion  to 
our  People  prevailed  with  us  to  fupprefs  that  Pajfion, 
which  might  well  enough  become  us  upon  fuch  an  In- 
vitation. 

We  have  reconfidered  our  Anfiver  of  the  fecond  of 
ibis  Month  at  Theobalds,  which  is  urged  to  have 
given  juji  Caufe  of  Sorroiu  to  our  Sxbjctfs.  Who  fe- 
wer looks  over  that  Mejjage,  (which  was  in  Effctt  to 
tell  us-,  that  if  we  would  not  join  zuith  them,  in  an 
Aff  which  we  conceived  might  prove  prejudicial  and 
dangerous  to  us  and  the  whole  Kingdom,  they  would 
make  a  Law  without  us,  and  impofe  it  upon  ourPeople) 
will  not  think  that  fudden  Anfwer  can  be  except  ed  to. 

We  have  little  Encouragement  to  Replies  of  this 
Nature,  when  we  are  told  of  how  little  Value  our 
Words  are  like  to  be  with  you,  though  they  come  ac- 
companied with  all  the  Actions  of  Love  and  Juftice, 
(where  there  is  Room  for  Actions  to  accompany  them) 
yet  we  cannot  lut  difavow  the  having  any  fuch  evil 
Counfel  or  Counfellors  about  us,  to  our  Knowledge,  as 
are  mentioned;  and  if  any  fuch  be  difccvzred,  we 
will  leave  them  to  the  Cenfure  and  Judgment  of  our 
Parliament  :  In  the  mean  Time  voe  could  wijh,  that 
our  own  immediate  Aftions  which  we  avow,  and  our 
own  Honour,  might  not  be  fo  roughly  cenfured  and 
wot>nded,  under  that  common  Style  of  tvil  Coun- 
felhrs. 

For  our  faithful  and  zealous  Affection  to  the  true 
Proteftant  Profejjion,  and  our  Refolution  to  concur 
with  our  Parliament  in  any  pojfible  Courfe  for  the 
Propagation  of  it,  and  tiuppreffion  of  Popery,  we 
tan  fay  no  more  than  we  have  already  exprcjfed  in  our 
Declaration  to  all  cur  loving  Subjefts,  publijhed  in 

Ja- 


Of    ENGLAND.     379 

January  lajl,  by  the  Advice  of  our  Privy-Council;  in  An.  17.  Car.  I. 
which  we  endeavoured  to  make  as  lively  a  ConfeJJion 
of  ourfelf,  in  this  Point ,  as  we  were  able,  being  mo  ft 
ajfured  that  the  conjl ant  Practice  of  our  Life  hath  been 
anfwerable  thereunto ;  and  therefore  we  did  rather 
expeff  a  Teftimony  and  Acknowledgment  of  fuch  our 
Zeal  and  Piety,  than  thofe  Exprejfions  we  met  with 
in  this  Declaration,  of  any  Dejign  of  altering  Reli- 
gion in  this  Kingdom.  And  we  do,  out  of  the  Inno- 
cence of  our  Soul,  wijh  that  the  judgments  of  Heaven 
may  be  manifejied  upon  thofe  who  have,  or  had,  any 
fuch  Defign. 

As  for  the  Scots  Troubles  ;  we  had  well  thought 
that  thofe  unhappy  Differences  had  been  wrapt  up  in 
perpetual  Silence,  by  the  Att  of  Oblivion  j  which  be- 
ing folemnly  pajjed  in  the  Parliaments  of  both  King- 
doms, flops  our  Mouth  from  any  further  Reply,  than 
to  jbew  our  great  Dijlike  for  reviving  the  Memory 
thereof. 

If  the  Rebellion  in  Ireland,  fo  odious  to  all  Chri- 
ftians,  feems  to  have  been  framed  and  maintained 
in  England,  or  to  have  any  Countenance  from  hence, 
we  conjure  both  ourHoufes  of  Parliament,  and  all  our 
loving  Subjects  whatfoever,  to  ufe  all  pojjible- Means 
to  dijcover  and  find  out  fuch,  that  we  may  join  in 
the  mojl  exemplary  Vengeance  upon  them  that  can  be 
imagined:  But  we  mujl  think  ourfelf  highly  and 
caufelejly  injured  in  our  Reputation,  if  any  Declara- 
tion, A  ft  ion,  or  ExpreJJion  of  the  Iriih  Rebels;  any 
Letter  from  Count  Rofetti  to  the  Papifts,  for  fajl- 
ing  and  praying;  or  fromTre&ram  Whitcombe,  of 
Jlrange  Speeches  uttered  in  Ireland ;  Jhall  beget  any 
^ealoufy  or  Mifapprehenjion  in  our  Subjects  of  our 
"Jujlice,  Piety,  and  Affeftion;  it  being  evident  to  all 
Vnder (landings,  that  thofe  mifchievous  and  wicked 
Rebels  are  not  fo  capable  of  great  Advantage,  as  by 
having  their  falfe  Difcourfes  fo  far  believed,  as  to 
raife  Fears  and  Jealoufees,  to  the  DiJlraEtion  of  this 
Kingdom,  the  only  Way  to  their  Security :  And  we 
cannot  exprefs  a  deeper  Senfe  of  the  Sufferings  of  our 
poor  Protejlant  SubjecJs  in  that  Kingdom,  than  we 
have  done  in  our  often  MeJJages  to  both  Houfes,  by 

which 


380     'The  Parliamentary  HISTORY 

,  "which  we  have  offer ed,  and  are  ftill  ready  to  venture , 
our  Royal  Per/on  for  their  Redemption ;  well  know- 
ing,  that  as  we  are,  in  our  own  Interejt,  more  con- 
cerned in  them,  fo  we  are  to  make  a  ftrict  Account  to 
Almighty  God  for  any  Neglect  of  our  Duty  for  their 
Prefervation. 

For  the  manifold  Attempts  to  provoke  our  late  Ar- 
my, and  the  Army  of  the  Scots,  and  to  raife  a  Faftion 
in  the  City  of  London,  and  other  Parts  of  the  King- 
dom ;  if  it  be  faid,  as  relating  to  us,  we  cannot,  with- 
out great  Indignation,  fuffer  ourfelf  to  le  reproached 
with  having  intended  the  leajl  Force  or  Threatening  to 
our  Parliament,  as  the  being  privy  to  the  bringing 
up  of  the  Army  would  imply :  Whereas  we  call  God  to 
witnejs,  we  never  had  any  fuch  Thought,  or  knew 
of  any  Juch  Refolution,  concerning  our  late  Army. 

For  the  Petition  Jhewed  to  us  by  Captain  Legjre ; 
we  well  remember  the  fame,  and  the  Occafeon  of  that . 
Conference :  Captain  Legge  being  lately  come  out  of 
the  North,  and  repairing  to  us  at  Whitehall,  we 
ajked  him  of  the  State  of  our  Army,  and,  after  fame 
Relation  made  of  it,  he  told  us,  That  the  Commanders 
and  Officers  of  the  Army  had  a  Mind  to  petition  the 
Parliament,  as  others  of  our  People  had  done,  and. 
Jhewed  us  the  Copy  of  a  Petition,  which  we  read;  and, 
finding  it  to  be  very  humble,  (defer ing  the  Parliament 
might  receive  no  Interruption  in  the  Reformation  of 
the  Church  and  State,  to  the  Model  of  ^ueen  Eliza- 
beth's Days)  we  told  him,  We  faw  no  H.arm  in  it: 
Whereupon  he  replied,  That  he  believed  all  the  Of- 
ficers of  the  Army  would  like  it,  only  he  thought 
Sir  "Jacob  Ajlley  would  be  unwilling  to  fign  it,  out 
of  Fear  that  it  might  difpleafe  us.  We  then  read 
the  Petition  over  again ;  and  then  obferving  nothing, 
in  Matter  or  Form,  we  conceived  could  pojjibly  gtve 
juft  Caufe  of  Offence,  we  delivered  it  to  him  again ; 
bidding  him  give  it  to  Sir  Jacob  Aftley,  for  whofe 
Satisfaction  we  had  written  C.  R.  upon  it,  to  teftlfy 
our  Approbation;  and  we  wijh  that  Petition  may  be 
Jeen  and  publijhed,  and  then  we  believe  it  will  appear 
no  dangerous  one,  nor  a  jujl  Ground  for  the  leaftjea- 
loitfy  or  Mifapprehenfeon. 

For 


Of    E  N  G  L  A  N  D.      381 

For  Mr.  Jermyn  ;  it  is  well  known  that  be  was  An,  17.  Car,  I. 
gone  from  Whitehall  before  we  received  the  Deftre        1641- 
of  both  Houfes  far  the  Rejiraint  of  our  Servants,  ^— ' v— — ' 
neither  returned  he  thither,  or  pajfed  over,  by  any 
Warrant  granted  by  us  after  that  Time. 

For  the  Breach  of  Privilege,  in  the  Accufation  tf 
the  Lord  Kimbolton  and  the  five  Members  of  the 
Houfe  of  Commons,  we  thought  we  had  given  fa 
ample  Satisfaction  in  our  feveral  Meffages  to  that 
Purpofe,  that  it  Jhould  be  no  more  prejfed  againft 
us ;  being  confident  that  if  the  Breach  of  Privilege 
had  been  greater  than  hath  been  ever  before  offered, 
our  Acknowledgment  and  Retractation  hath  been  great- 
er than  ever  King  hath  given ;  be/ides  the  not  examin- 
ing how  many  of  our  Privileges  have  been  inv'aded  in 
Defence  and  Vindication  of  the  other ;  and  therefore 
we  hoped  our  true  and  earneft  Protejlation,  in  our 
Anfwer  to  your  Order  concerning  the  Militia,  would 
Jo  far  have  fatisfied  you  of  our  Intentions  then,  that 
you  would  no  more  have  entertained  any  Imagination 
of  any  other  Defign  than  we  there  exprejjed. 

But  why  the  lifting  of  fo  many  Officers,  and  enter- 
taining them  at  Whitehall,  Jhould  be  mifconftrued, 
we  much  marvel ;  when  it  is  notorieujly  known  the 
Tumults  at  Weftminfter  were  fo  great,  and  their 
Demeanors  fo  fcandalous  and  feditious,  that  we  had 
good  Caufe  to  fuppofe  our  own  Perfon,  and  thofe  of 
our  Wife  and  Children  to  be  in  apparent  Danger;  and 
therefore  we  had  great  Reafon  to  appoint  a  Guard 
about  us,  and  to  accept  the  dutiful  Tender  of  the  Ser- 
vice of  any  of  our  loving  Subjects;  which  was  all  we 
did  to  the  Gentlemen  of  the  Inns  of  Court. 

For  the  Lord  Digby ;  we  ajfure  you,  on  the  Word 
of  a  King,  that  he  had  our  Warrant  to  pafs  the  Seas, 
and  had  lejt  our  Court,  before  we  ever  heard  of  the 
Vote  of  the  Houfe  of  Commons,  or  had  any  Caufe  to 
imagine  that  his  Abfence  would  have  been  excepted 
againft. 

What  your  Advertifements  are  from  Rome,  Ve- 
nice, Paris,  and  other  Parts,  or  what  the  Pope's 
Nuncio  follicits  the  Kings  of  France  or  Spain  to  do, 
or  from  what  Perfons  fuch  Informations  come  to  you, 


382     The  Parliamentary  HISTORY 

Aa.  17.  Car.  I.  or  bow  the  Credit  and  Reputation  of  fuch  Perfons 
have  been  Jif ted  and  examined ',  we  know  not;  but  are 
confident  no  fober  honejt  Man  in  our  Kingdoms  can 
believe,  that  we  are  fo  defperate  or  fo  Jenfelefs  to 
entertain  fuch  Dejigns,  as  would  not  only  bury  this 
our  Kingdom  in  fudden  DeftruRion  and  Ruin,  but 
our  own  Name  and  Pofterity  in  perpetual  Scorn  and 
Infamy :  And  therefore  we  could  have  wijhed  that,  in 
Matters  of  fo  high  and  tender  a  Nature,  (wherewith 
the  Minds  of  our  good  Subjects  mujl  needs  bejiartled) 
all  the  ExpreJJions  were  fo  plain  and  eafy,  that  no- 
thing might  flick  with  them  with  Reflection  upon  us, 
fince  you  thought  fit  to  publijh  it  at  all. 

And  having  now  dealt  thus  plainly  and  freely  with 
you,  by  way  of  Anfwer  to  the  particular  Grounds  of 
your  Fears ;  we  hope,  upon  a  due  Confederation  and 
Weighing  both  together,  you  will  not  find  the  Grounds 
to  be  of  that  Moment  to  beget,  or  longer  to  continue, 
a  Mi j  under jlanding  betwixt  us;  or  force  you  to  apply 
yourjelves  to  the  Ufe  of  any  other  Power  than  what 
the  Law  hath  given  you ;  the  which  we  always  intend 
Jhall  be  the  Meafure  of  our  own  Power,  and  expecJ 
it  Jhall  be  the  Rule  of  our  Subjects  Obedience. 

Concerning  our  Fears  and  Jealoufees ;  as  we  had 
no  Intention  of  accujing  you,fo  are  we  jure  no  Words 
fpoken  by  us,  on  the  fudden,  at  Theobalds,  will  bear 
that  Interpretation.  IVe  faid,  For  our  Refidence 
near  you,  we  wifli'd  it  might  be  fo  fafe  and  honour- 
able, that  we  had  no  Caufe  to  abfent  ourfelf  from 
Whitehall ;  and  how  this  can  be  a  Breach  of  Privi- 
lege of  Parliament  we  cannot  underftand.  IVe  ex- 
plained our.  Meaning  in  our  Anfwer  at  Newmarket, 
at  the  Presentation  of  this  Declaration,  concerning 
the  printed  feditious  Pamphlets  and  Sermons,  and  the 
great  Tumults  at  Weftminfter :  And  we  muft  ap- 
peal to  you  and  all  the  World,  whether  lue  might  not 
juftly  juppofe  ourfelf  in  Danger  of  either.  And  if 
we  were  now  at  Whitehall,  what  Security  have  we 
that  the  like  Jhall  not  be  again;  efpecially  if  any  De- 
linquents of  that  Nature  have  been  apprehended  by 
the  Minijlers  of  "Juftice,  and  been  refcued  by  the 
People,  andfo  as  yet  efcape  unpunijhed?  If  you  have 

not 


Of    E  N  G  L  A  N  D.     383 

not  been  informed  of  the  feditious  Words  ufed,  and  An.  17.  CM.  F, 
the  Circumjlances  ofthofe  Tumults ;  and  will  appoint        l6*f- 
forne  Way  for  the  Examination  of  them,  we  will  re-    *~ J— y~!"~* 
quire  fome  of  our  learned  Counfel  to  attend  with  fuch 
Evidence  a;  may  fatisfy  you ;  and  till  that  be  done, 
or  fome  other  Courfe  taken  for  our  Security,  you  can- 
not, with  Reafon,  wonder  that  ive  intend  not  to  be 
where  we  mo  ft  defjre  to  be. 

And  can  there  yet  want  Evidence  of  our  hearty 
and  importunate  Defers  to  join  with  our  Parliament 
and  all  our  faithful  Subjects,  in  Defence  of  the  Reli- 
gion and  Public  Good  of  the  Kingdom  ?  Have  we 
given  you  no  other  Earnejl  but  Words,  to  fecure  you 
of  thofe  Defer es  ?  The  ve,ry  Remon ft  ranee  of  the  Houfe 
of  Commons,  publifned  in  December  lajl,  of  the  State 
of  the  Kingdom,  allows  us  a  more  real  TeJIimony  of 
our  good  Affections  than  Words  :  That  Remonjlrance 
valued  our  ARs  of  Grace  and  Jujlice  at  fo  high  a 
Rate,  that  it  declared  the  Kingdom  to  be  then  a 
Gainer,  though  it  had  charged  ttjelf  by  Bills  of  Sub- 
fedies  and  Poll- Money,  with  the  Levy  0/6oo,OOol. 
befedes  the  Contracting  of  a  Debt  to  our  Scots  Sub- 
jeffs  of  220,OOO  1. 

Are  the  Bills  for  the  Triennial  Parliament ;  for 
relinquijbing  our  Title  ofimpofeng  upon  Merchandize, 
and  Power  of  prejjing  of  Soldiers ;  for  taking  away 
the  Star-Chamber  and  Higb-Commiffion  Courts ; 
and  for  regulating  the  Council-Table,  but  Words  ? 
Are  the  Bills  for  the  For  efts;  the  Stannary  Courts  ; 
the  Clerk  of  the  Market  j  and  the  taking  away  the 
Votes  of  the  Bijhops  out  of  the  Lords  Houfe,  but 
Words?  Laftly,  What  greater  Earnejl  ofourTrujl 
and  Reliance  on  our  Parliament  could,  or  can,  we  give, 
than  the  paj/ing  of  the  Bill  for  the  Continuance  of  this- 
prefent  Parliament?  The  Length  of  which,  we  hope, 
will  never  alter  the  Nature  of  Parliaments  and  the 
Conftitution  of  this  Kingdom  ;  or  invite  our  Subjects 
fo  much  to  abufe  our  Confidence,  as  to  efteem  any  Thing 
fit  for  this  Parliament  to  do,  luhich  were  not  fo,  if  it 
were  in  our  Power  to  diffolve  it  To-morrow.  And 
after  all  thefe,  and  many  other  Afts  of  Grace  on  out- 
Part, 


384     7#*  Parliamentary  HISTORY 


An.  17.  Car.  I.  Part^  that  we  might  be  fur  e  of  a  perfecJ  Reconcilia- 
16411  tion  betwixt  us  and  all  our  Subjects,  we  have  offer  -cd, 
and  arejlill  ready  to  grant,  a  free  and  general  Par- 
don, as  ample  as  yourf  elves  Jhall  think  fit.  Now,  if 
thefe  be  not  real  Expreflions  of  the  Affections  of  our 
Soul,  for  the  Public  Good  of  our  Kingdom,  we  muft 
confefs  that  we  want  Skill  to  manifejl  them. 

To  conclude,  (although  we  think  our  Anfwer  al- 
ready full  to  that  Point)  concerning  our  Return  to 
London  :  We  are  willing  to  declare,  That  we  look 
upon  it  as  a  Matter  of  fo  great  Weight,  with  Re- 

ference to  the  Affairs  of  this  Kingdom,  and  to  our  own 
Inclinations  and  De  fires,  that  if  all  we  can  fay  or  do, 
can  raife  a  mutual  Confidence,  (the  only  Way,  with 
God's  BleJJing,  to  ?nake  us  all  happy)  and,  by  your  En- 
couragement, the  Laws  of  the  Land,  and  the  Govern- 
ment of  the  City  ^"London,  may  recover  fame  Life 

for  our  Security,  we  will  overtake  yourDefires  ,  and  be 
as  foon  with  you  as  you  can  wijh.  And,  in  the  mean 
Time,  you  may  be  fure,  that  neither  the  Bujinefs  of 
Ireland,  or  any  other  Advantage  for  this  Kingdom^ 

Jhall  fuffer  through  our  Default,  or  by  our  Abfence  ; 
we  being  fo  far  from  repenting  the  A  Els  of  our  Ju- 

ftice  and  Grace,  which  we  have  already  performed  to 
our  People,  that  we  Jhall,  with  the  fame  Alacrity,  be 

Jlill  ready  to  add  fuch  new  ones,  as  may  beft  advance 

the  Peace,  Honour,  and  Profperity  of  this  Nation. 

The  Le'tter  to  the  Lord-Keeper  was  as  fol- 
lows : 

CHARLES  R. 

Right  Trufty  and  Well-beloved  Counfellor,  we 
greet  you  well, 

The  King's  Ob-  Jfl/"E  have  figned  a  CommiJJion  for  giving  our 

jettions  to  paf-  V  ?     R0yal  Ajfent  for  paffmg  the  Bill  For  raifmg 

cifringtheLorf  400,000  /.  for  the  neceffary  Defence  of  our  King- 

Kimfalton,  &C.   dom  of  Ireland.    As  for  the  other  Bill  fcnt  unto  us, 

intitled,  An  A&  for  clearing  and  vindicating  of 

the  Lord  Kimbolten,  Mr.  Holies,  &c.  albeit  we  are 

well 


Of    E  N  G  L  A  N  D.      385 

well  pleafed  to  pafs  an  Aft  for  the  clearing  of  them  An.  17.  Ca 
all,  according  to  our  gracious  Promife ;  yet  we  are 
not  l>y  that  Promt fe,  nor  other-wife ^  obliged  to  lay  any  ^^ 
Imputation  on  ourfelf\  or  to  dear  them  in  IVords  that 
may  refleft  upon  our  Honour.  Wherefore,  our  Com- 
mand is,  that  you  make  known  to  our  Parliament^ 
That  if  they  will  pafs  a  Bill  for  the  freeing  and 
c •/, -aring  of  the  Lord  Kimbolton  and  the  reft,  in  Juch 
Terms  and  Words  as  may  be  Jlrong  for  them,  and 
not  refieR  upon  us,  we  will  readily  give  our  Royal 
AJJent  thereto. 

Given  at  our  Court  at  York,  the  2ift  of  March, 
in  the  I7th  Year  of  our  Reign. 

Ordered,  That  this  Houfe  fhall  take  into  Con- 
fkkration,  Whether  this  Anfwer  is  not  a  Breach 
of  the  Privilege  of  Parliament ;  and  that  all  thefe 
laft  Matters,  from  the  King,  fhall  be  communi- 
cated to  the  Houfe  of  Commons,  at  a  Conference. 
But  at  the  very  fame  Time  came  up  a  Mefiage  from, 
the  Lower  Houfe,  defiring  a  Conference  about  the 
fame  Things  ;  which  was  granted,  and  appointed 
to  be  that  Afternoon  in  the  Painted-Chamber ;  but 
the  Report  of  it  was  put  off  to  a  further  Time. 

Thus  ends  the  Year  1641,  with  a  melancholy 
Profpect  of  the  fucceeding  one;  for  it  did  not  then 
need  any  deep  Skill  in  Prophecy  to  foretell  the  dire 
Events,  which  thefe  irreconcilable  Differences  be- 
tween the  King  and  Parliament  had  rendered  in- 
evitable.— But  let  us  leave  the  Bloody  Profpect,  for 
a- while,  and  return  to  our  Journals. 

March  25.  This  Day  was  read  a  firft  Time,  inAnno  1643* 
the  Houfe  of  Lords,  A  Bill  for  fuppreffing  of  di- 
vers Innovations  in  Churches  and  Chapels  in  and 
about  the  Worjhip  of 'God ';  and  for  the  due  obferving 
the  Lord's  Day,  and  the  better  Advancement  of  the 
Preaching  of  God's  Holy  Wordy  in  all  the  Parts  of 
the  Kingdom. 

Nothing  elfe  material  done  in  either  Houfe. 
VOL.  X  B  b  March 


386     The  Parliamentary  HISTORY 

March  26,  The  Earl  of  Northumberland,  Lord- 
Admiral,  acquainted  the  Lords,  That  he  had  recei- 
ved  Information  from  Sir  Philip  Carter  et,  Governor 
of  the  Ifle  of  Wight,  of  Forces  raifing  in  Normandy 
Information  of  and  Brittany,  to  the  Number  of  7000  Men;  that 
?enJedVaby0nthne~  they  were  defigned  againft  the  Mands  of  Guernfey 
French,  and  Jerfey,  or  fome  Part  of  England :  And  that 

there  was  in  France  a  fecret  Intent  to  break  the 
Peace  between  the  two  Kingdoms. 

Ordered,  That  this  Information  fhould  be  fent 
to  the  Commons ;  and  to  define  that  Houfe  to  give 
a  fpeedy  Difpatch  to  the  fetting  forth  this  Summer's 
Fleet;  and  that  both  Houfes  may  join  in  an  humble 
Petition  to  the  King,  to  make  the  Earl  of  Warwick 
Commander  of  it, 

This  Day  an  A&  For  raifing  and  levying  of  Mo- 
neys, (400,000!.)  for  the  necejjary  Defence  and  great 
Affairs  of  this  Kingdom  and  Ireland,  and  for  the 
Payment  of  Debts  undertaken  by  Parliament,  was 
palled,  by  CommuTion,  with  the  ufual  Ceremonies. 

March  28.  The  Earl  of  EJJex,  Lord-Chamber- 
lain of  the  Houfhold,  and  the  Earl  of  Holland, 
Groom  of  the  Stole,  exhibited  Letters  from  the 
King,  commanding  them  to  appear  at  York,  to 
attend  St. .George's  Feaft  there,  (they  being  Knights 
of  the  Garter)  which  the  King  intended  to  hold  in 
that  City.  The  like  Letters  the  Earl  of  Salijbury 
and  the  Lord  Savile  (hewed ;  which  being  taken 
into  Confideration,  as  a  Matter  of  great  Impor- 
T1JeLtrdpre(ufftance»  it  was  refolved,  upon  the  Queftion,  That 

Effix'&t Twautne  faid  Lords  mould  not  have  Leave  to  g°»  but 
on  the  King  at  attend  the  Bufinefs  of  that  Houfe,  in  regard  the 
York*  great  and  weighty  Affairs  of  the  Kingdom  were 

then  in  Agitation  ;  and  ordered,  That  the  Lord- 
Keeper  mould  fignify  to  the  King  the  Reafons  for 
this  Refufal,  which  were  to  be  drawn  up  for  that 
Purpofe. 

A  Conference  was  held  this  Day  between  the  two 
Houfes;  when  the  Commons  informed  the  Lords, 
That  a  Petition  had  been  framed  in  Kent-,  and  in- 
tended 


Of    ENGLAND.     387 

tended  to  be  delivered  to  Parliament,  which  was  of  An.  18.  Ca 
dangerous  Confequence.  This  was  on  the  Infor- 
mation  of  one  Francis  Jones ,  who  averr'd,  That  , i 
the  Petition  was  produced  and  read  at  the  Aflizes, 
at  Maidjime,  the  twenty-fifth  Ir.ftant,  and  con-  A  Conference 
lifted,  to  the  beft  of  his  Memory,  o\'  thefe  Par-  concerning  an 
ticulars :  «  That  the  Government  of  Bifhops  IW^itSSfii'S 
'  ftill  remain,  they  being  as  antient  as  Chriftianity  County  of  Kent, 

*  in  England. — That  the  Liturgy  and  Common 
'  Prayer  might  ftill  remain.— That  fuch  might  be 
'  punifhed  who  either  abfent  themfelves  from  it,  or 

*  fpeak  againft  it;  and  that  all  Minifters  and  People 
'  might  be  brought  into  this  Uniformity. — That 
'  no  Order  fhould  iflue  out  of  either  Houfe,  to 

*  oblige  the  People,  unlefs  it  was  an  A£t  of  Parlia- 
'  ment. — That  no  Order  fhould  iflue  concerning 

*  the    Militia,    from  either  Houfe,    without  the 
'  King's  Hand  to  it. — That  they  would  prefently 
'  appl,  themfelves  to  hisMajefly's  Mefiage  of  the 
'  twentieth   of  January  laft. — That  they  would 

*  eftablifh  the  Civil  Law,  that  they  who  were  Civil 

*  Lawyers  might  not  lofe  their  Studies. — That  they 
'  would  fpeedily  relieve  their  Brethren  in  Ireland.—* 

*  That  they  would  be  pleafed  to  eftablifli  the  Privi- 
«  lege  of  Parliament,  and  the  King's  Regal  Power. 
'  Lajlly^  That  Sir  Edward  Dering  prefled,  with 

*  great  Earneftnefs,  to  have  a  Copy  of  this  Peti- 

*  tion  fent  to  the  King;  but,  as  he  thought,  it  wa3 
«  denied.' 

The  Commons  further  inform'd  the  Lords,  that 
they  found  Sir  Edward  Dering,  Sir  George  Twif* 
den,  Sir  George  Strode t  and  Mr.  Richard  Spencery 
had  been  active  Men  in  contriving  and  prefenting 
this  Petition;  they  therefore  defired  the  faid  Gen- 
tlemen might  be  fent  for,  as  Delinquents;  which 
was,  accordingly,  ordered  by  the  Lords,  and  a  fe- 
le&  Committee,  of  both  Houfes,  appointed  to 
examine  this  Bufmefs  to  the  Bottom. 

In  the  Afternoon  of  this  Day  the  Commons  fent 

up  the  following  Draught  of  a  Petition  to  the  King, 

B  b  2  for 


388     Tke  Parliamentary  HISTORY 

An.  18.  Car.  I.  for  corsftitiuing  the  Earl  of  Warwick  Lord  High 
.    i6.j.i.        Admiral  : 


March. 


FIT  HE  Lorjs  md  Commons,  in  this  prefent  P-ar- 
A  Petition  of  liamznt  offcmblcd,  having  found  it  necejfary  to 

feb  to  provide  and  jet  to  Sea  a  Jlrong  and  powerful  Navy, 


the  King,  thatygr  the  Defence  of  this  Kingdom  againji  foreign  Force, 
3rJ*ma°y-^m-  "ndfor  the  Security  of  your  Majcfty's  other  Dominions, 
maud  the  Fleet,  the  Charge  whereof  is  to  be  borne  by  the  Common- 
wealth ;  and  taking  Notice  of  the  Indifpofition  of  the 
"Lord-  Admiral^  which  difables  him  at  this  Time  from 
commanding  the  Fleet  in  his  civn  Perfon,  did  thereupon 
recommend  unto  his  Lordjhip  the  Earl  of  Warwick, 
a  Perfon  of  fitch  Ability  and  Duality,  as  in  whom  they 
might  bejl  confide  ,  to  fupply  his  Room  for  this  Em- 
ployment. And  under/landing  that  your  Majefty  has 
fmce  fignificd  your  Pleasure  concerning  that  Command 
for  Sir  John  Pennington,  we  do  hold  it  our  Duty  to 
represent  unto  your  Majejiy  the  great  Danger  and 
Mi  f  chief  the  Commonwealth  i$  like-  to  jujlain  by  fuch 
Interruption  ;  and  therefore  humbly  befeech  your  Ma- 
jefty, that  the  Noble  Perfon,  recommended  by  both 
Houfes  of  Parliament  for  this  Service^  may  no  longer 
be  detanned  from  it,  out  of  any  particular  Refpeft  to 
any  other  Perfon  whatfoever. 

The  Lords  agreed  to  this  Petition. 

£arl  of  Briftol       A  Copy  of  the  Kentijh  Petition  was  produced  in 
and  judge  M^  the  Houib  of  Lords  by  the  Earl  of  Briftol,  who 

examined  touch-  «.  .  .       ,      ,    .       ,    ,.          v,          .  .  T        J     ,  _   ,. 

ing  the  Kenti/b"^  "^  "aci  lt:  delivered  to  him  by  Judge  Mallet. 

Petition  j  This  being  read,  which  was  no  more  than  an  En- 
largement on  the  foregoing  Heads,  the  Earl  was 
afked,  Whether  he  had  taken  a  Copy  of  this  Peti- 
tion ?  who  anfwering,  Yes,  he  was  commanded  to 
withdraw.  Then  Mr.  Juflice  Mallet  was  exami- 
ned about  this  Bufmeis,  who  faid,  *  That  he  had  the 
Petition  from  Sir  George  Strode,  and  that  he  fhewed 
it  to  the  Earl  of  Briftol,  who  took  a  Copy  of  the 
fame.'  Hereupon  the  Lords  taking  this  Affair  into 
Confuleratibn,  conc'ehed  that  the  Jud  :^e  had  com- 
mitted a  great  Offence,  contrary  to  his  Duty,  as 
Jadge  of  the  Aflizc,  and  as  an  Afliftant  to'  this 

Houfe, 


Of    ENGLAND.      38j> 

Houfe,  in  not  revealing  the  Petition  to  them  'tillAn-  *8.  Car.  I. 
he  wa.j  forced  to  it.     And,  after  a  long  Debate,        : 
the  Queftion  was  put,   Whether  there  were  not       j^^h 
fome  VV,orc|s,  in  this  Petition,  fcandalous,  danger- 
ous, and  tending  to  Sedition?  it  pafFed  in  the  Affir- 
mative.    Likewife  the  Earl  of  Brljlol,  becaufe  he 
had  this  Petition  delivered  to  him,  being  of  fo  dan- 
gerous a  Confequence,  and  took  a  Copy  of  it  with- 
out doing  his  Duty  in  acquainting  the  Houfc  of 
Lords  therewith,  was  committed  to  the  Tower,  for  And  committed 

•  1 1       i   •      r>     r        r      n          >  I    1  i         to  the  lower. 

the  prefent,  untill  this  Bufmefs  mould  be  further 
examined.  The  Earls  of  Bath,  Dover,  Portland, 
Monmoutbi  with  the  Lords  Mowbray,  Grey,  Ho- 
ward, and  Capel,  diflenting. 

Judge  Mallet  alfo  underwent  the  fame  Sentence. 

March  29.  A  Meflage  from  the  King  to  the 
'  Lords  was  read,  importing,  only,  his  Dcfire  that 
the  Earl  of  Leicejhr,  Lord- Lieutenant  of  Ireland, 
mould  be  fent  over,  immediately,  to  that  King- 
dom, in  order  to  comfort  and  encourage  his  good 
Subjects  there,  on  their  late  Succefs,  and  ftrike  the 
more  Terror  into  the  Rebels,  &c.  which,  after  a 
Conference  with  both  Houfes,  about  this  Matter, 
was  denied. 

The  Lord  Seymour  having  been  fent  to  by  the 
King,  as  a  Knight  of  the  Garter,  to  attend  his 
Majefty  at  York,  on  St.  George's  Feaft;  and  fetting 
forward  on  a  former  Leave  of  Abfence  from  the 
Houfe,  a  Poft  was  fent  after  him,  with  an  Order 
to  bring  him  back.  The  Gentleman-Ufher  of  the 
Black  Rod,  having  received  the  like  Summons,  the 
Lords  ordered,  That  he  mould  attend  his  Charge 
and  Duty  to  the  Houfe,  according  to  his  Place. 

This  Day  the  Bill  of  Subfidy,  on  Tonnage  and  Bill  of  Tonnage 
Poundage,  &c.   was  palled  by  Commiflkm,  and  ™Jed.°      8C 
was  the  laft  of  that  Kind  this  King  ever  had  grant- 
ed.    Some  Reafons  were  likewife  drawn  up  and 
agreed  to  be  fent  to  the  King,  for  not  permitting 
his  great  Officers  of  State,  and  Privy- Counfellors, 
to  attend  him  at  Ttrk. 

Bb  At 


390     The  Parliamentary  HISTORY 

An.  18.  Car.  I.      At  the  Defire  of  the  Commons,  the  Trial  of 

Judge  Berkley  was  put  off  to  the  ijth  of  May. 
~*~w£^>J  Many  Orders  had  been  made  by  both  Houfes, 
and  much  Money  paid  to  the  Scots,  for  tranfporting 
an  Army  from  thence  into  Ulfter^  to  defend  that 
Province.  But  the  Scots  being  ftill  dilatory,  this 
was  complained  of  to  them;  who  anfwered,  They 
had  2700  Men  ready  to  embark  from  their  Ports, 
but  they  waited  for  a  fair  Wind.  The  Scots  Com- 
miflioners  were,  hereupon,  defir'd  to  get  thofeMen 
transported  with  all  Expedition. 

An  Order  was  fent  up  by  the  Commons,  for 
their  Lordfhips  Concurrence,  authorizing  Sir  John 
Hothatn  to  take  fuch  a  Number  of  the  Train'd 
Bands,  as  he  fhould  think  fit,  into  //«//;  and  to 
make  Ufe  of  the  Magazine  there,  for  the  Defence  of 
that  Place;  which  was  agreed  to.  Adjourn'd  to 

March  31.  This  Day,  at  a  Conference  by  a 
Committee  of  both  Houfes,  the  Commons  exhi- 
bited the  following  Articles  of  Impeachment  againft 
George  Benyon,  Citizen  of  London^  for  feveral  High 
Crimes  and  Miidemeanors : 

Impeachment  ofe  rTT"*HAT  he,  the  faid  George  Benyon,  being  a 
Gec'gt  Btnyon,  (•  Jj  Man  of  Power  and  Credit  in  the  City,  and 
Petition"gainft  '  we^  knowing  the  prefent  Diffractions  and  Difor- 
the  Ordinance  tor*  ders  of  the  Times,  had  endeavoured  to  make  a 
a,  &c.  (•  Divifion  between  the  King  and  Parliament,  and 

*  between  the  Parliament  and  the  City,  by  wickedty 

*  and  malicioufly  contriving  and  forming  a  falfe, 
'  dangerous,  and  feditious  Petiiion,  in  Behalf  of 

*  himielf  and  other  Citizens,  and  prefented  to  both 
'  Houfe?  of  Parliament,  &c.    That  the  faid  George 
c  Benyon,  by  falfe  and  finifter  Perfuafions,  procured 
'  divers  Citizens  to  fubfcribe  their  Hands  to  the 
'  faid  Petition,  contrary  to  their  Intent  and  true 

*  Meaning,  C3V. 

'  Alfo,  that  the  faid  Benyon  did  give  out  and  ut- 
'  ter  divers  bold  and  arrogant  Speeches,  in  Deroga- 
'  tion  and  Contempt  of  the  Privileges  of  Parlia- 
6  ipent,  and  the  Peers  therein  aflembled ;  fwear- 

'  inS> 


Of    E  N  G  L  A  N  D.       391 

4  ing,  by  God,  that  he  would  make  the  Bill  of Al 

*  Protections  pafs,  or  there  fhould  not  be  one  Penny 

*  lent  to  Parliament;  that  he  would  fpend  every 

*  Groat  in  the  Chamber  of  London,  to  put  down 
'  the  Privileges  of  the  Peers,  and  make  them  ho- 
'  neft,  that  they  might  be  as  liable  to  Arrefts  as  the 
'  Noblemen  of  France,  Spain,  Poland,  and  other 

*  foreign  Countries :  That  he  faid  he  had  computed 
'  the  Debts  of  the  Lords,  and  that  they  owed  more 

*  than  would  drive  on  the  greateft  Trade  of  the 

*  whole  Kingdom,  &c.  That,  fpeaking  of  the  Par- 

*  liament,  he  did  falfly  and  malicioufly  fay,  That 
'  they  much  complained  of  the  King's  Authority 
'  and  Power,  and  yet  they  went  about  to  fet  up  an 
'  arbitrary  Government  themfelves ;  and  they,  be- 
'  ing  Four  Hundred  in  Number,  would  be  more 

*  grievous  than  One  abfolute  Monarch. 

'  All  which  Matters  and  Things,   &c. 

This  is  the  Subftance  of  the  Charge  againft  Mr. 
Benyon  :  The  Petition  itfelf  is  annexed  ;  and  fince 
that  was  the  great  Reafon  of  the  Accufation  againlt 
him,  we  (hall  give  it  at  Length;  and,  efpecially,  as 
the  Proceedings  of  the  Commons  in  this  Affair  are 
very  flightly  pafs'd  over  by  Mr.  Rujhworth ;  and 
neither  the  Petition  itfelf,  nor  the  Impeachment 
and  Trial  before  the  Lords,  are  mentioned  at  all 
in  his  Collegians,  or  by  Mr.  IVbitlocke* 

The  Petition  was  as  follows  : 

To  the  Rt.  Hon.  the  LORDS  and  COMMONS 
aflembled  in  Parliament, 

The  HUMBLE  PETITION  of  the  CITIZENS 
of  L  o  N  D  o  N,  whofe  Names  are  underwritten, 

Sheweth, 

THat  the  City  of  London  hath,  Time  out  of  Mind, 
enjoyed  the  ordering  of  their  own  Arms,  which 
hath  fuccejjiuely  been  annexed  to  the  Mayoralty  for 
the  Time  being  ;   the  Lord  Mayor  having  always  betn 
a  Pcrfon.  of  Worth  and  Quality,  and  of  their  own 
Choice,  and  hath  ever  advifed  with  the  Court  of  Al- 
dermen 


39-     *Tbe  Parliamentary  HISTORY 

An.  18.  Car.  i.dertnen  in  the  Execution  thereof:  So  that  if  the  fame 
1642.        Jhould  be  conferred  on  others,  ^ue  humbly  conceive  it 
.*— -~v~ — ^     would  not  only  be  a  perjonal  Dishonour  to  the  Lord 
arch.        JMay0r    lut  (ilfe    reflett  upon  the  Government  and 
Cujloms  of  the  City  of  London  granted  to  the  Citi- 
zens by  the  Great  Charter  of  England,  and  confirmed 
by  divers  AcJs  and  Charters  fence  that  Time  ;  and 
•which  every  Freeman  of  the  j aid  City  is,  by  the  Oath 
of  his  Freedom,  bound  to  maintain  to  iheuttermff/iof 
his  Power.  This  Honourable  djfembly  may  be  pleajed 
to  take  into  Confederation,  that  an  Alteration  in  the 
anticnt  Government  of  this  renowned  City,  may  breed 
greater  Dijlraflions  and  Inconveniences,  than,  for 
the  prefent,  can  be  difcerned,  or,  in  the  future,  can 
be  amended. 

Wherefore,  our  humble  Defire  is,  That  fence  this 
Government  hath,  by  Experience,  been  found  for  the 
Honour  of  his  Majejly,  the  Good  of  the  City  and  the 
•whole  Kingdom  ;  and  that,  in  the  mojl  troublesome 
Times,  it  hath  been  admired  and  commended  by  Stran- 
gers, before  any  other  City  in  the  known  World,  that 
the  fame,  by  your  Honourable  Favour,  may  be  con- 
tinued without  any  Alteration. 

And  they  fhall  pray,  &V. 

This  Petition  being  read,  the  Charge  was  farther 
aggravated  againft  Mr.  Benyon,  by  obferving, 
I.  '  That  he  was  a  Man  of  a  turbulent  Spirit, 

*  and  a  fit  Perfon  to  a£t  fuch  a  Mifchief :    A  Citi- 

*  zen  and  Freeman  of  London,  which  is  the  Me- 

*  tropolis  and  Epitome  of  the  whole  Kingdom,  the 
'  Strength   whereof  is  in  the  Common  Council : 

*  That  this  Plot  was  like  another  Trojan  Horfe, 
'  full  of  Variety  of  Mifchiefs  and  peftilential  De- 
'  figns;  according  to  Machiafuel'&  Rule,  Divide  iff 
4  impera.     To  divide  between  the  King  and  his 
'  People,  the  Parliament  and  the  City,  and  the  Ci- 

*  ty  between  itfelf ;  like  a  Worm  gnawing  between 
c  the  Bark  and  the  Tree.     The  Circumftances  and 

*  Gradations  of  this  Offence  afcend   to   a  great 

*  Height,   as    having  Reference   to   the  Common 
4  Council,  whereto  he  ought  to  have  fubmitted, 

4  being 


Of    E  N  G  L  A  N  D.     393 

«  bcins;  involved  in  their  Votes  ;  but  he  abounds  in  An.  18.  Car.  r. 

*  his  own  Senfe,  and  fpurns  againft  them. 

II.  *  It  hath  Reference  to  the  annihilating  and    {~~^~h~J 
e  oppoftng  the  Ordinance  of  both  Houfes  of  Parlia- 

4  ment,  for  fettling  the  Militia,  the  Parliament  ha- 

*  ving  Power  of  declaring  what  the  Law  is  con- 
'  cerning  itfelf ;  and  alfo  it  lays  a  great  Charge  upon 
'  both  Houfes  for  arbitrary  Power,  Ambition,  and 

*  Injuftice,  and  hath  fcandalized  their  Members  and 
'  Privileges. 

III.  '  Concerning  the  Time  when  Benyon  com- 

*  mitted  thefe  Offences :  It  was  when  the  Kingdom 

*  was  full  of  Fears,  Dangers,  and  Diftrac~tions ;  and, 
4  taking  Advantage  of  this  Opportunity,  he  endea- 

*  voured  to  put  all  into  Confuiion  ;  fo  as  the  Bark 
c  was  not  to  be  faved,  but  by  cafting  Anchor  and 
'  {landing  together  to  oppofe  thefe  Mifchiefs.     He 

*  did  not  only  act  his  Part  himfelf,  but  perfuaded 
'  others,  both  at  the  Exchange  and  at  the  Scrive- 

*  ners  Shops,  to  fubfcribe  the  Petition  ;  which  was 

*  a  Thing  contrary  to  the  Opinion  of  the  Com- 
'  mon  Council,  as  being  a  Matter  of  great  Pre- 
'  fumption,  and  tending  to  Sedition  ;  for,  it  is  tear- 

*  ed,   the  Confequence  of  this  Example  will  be  an 

*  Occasion  of  other  Places  following  the  fame  Steps, 

*  whereof  ibme  Paffages   have  already  appeared : 

*  Therefore  the  Houie  of  Commons  defire  that 

*  exemplary  Punifhment  may  be  inflicted  on  the 
'  faid  George  Benyon^  for  thefe  OrTences,  according 
4  to  Juftice.' 

This  Report  being  made  of  the  Charge,  it  was 
ordered,  That  the  laid  George  Benyon  fhould  be 
brought  to  the  Bar  to  hear  it  read  ;  which  being 
done,  and  he  afked  what  Anfwer  he  would  make 
to  it,  he  humbly  defired  he  might  have  Time  given 
him  to  put  in  his  Anfwer ;  and,  for  the  enabling 
him  thereto,  he  defired  to  have  Counfel  allowed 
him,  and  to  have  a  Copy  of  his  Charge.  All  which 
was  granted,  and  Monday  next,  being  the  4th  cf 
dpril,  appointed  for  his  Trial. 

A 


394     <^}e  Parliamentary  HISTORY 

An.  iS   Car.  1.      A  Petition  from  the  twelve  impeached  Bifhops, 

1642.         jn  the  Tower,  was  read,  praying  the  Lords,  That 

.*— ""^C""1-'    fome  fpeedy  Order  might  be  taken  for  their  En- 

pr  *       largement,   upon  Bail  or  otherwife,  as  their  Lord- 

fhips  fliould  think  fit. 

Ordered,  That  this  Petition  be  communicated  to 
the  Houfe  of  Commons,  and  they  to  be  defired  to 
proceed  againft  the  Bifhops  with  all  Expedition. 

April  i.  A  Conference  having  been  held  be- 
tween both  Houfes  Yefterday,  a  Report  of  it  was 
made,  this  Day,  to  the  Lords,  by  the  Lord-  Keeper ; 
in  which  he  faid  the  Commons  communicated  to 
them  the  King's  Anfwer  to  a  late  Meflage  from 
Parliament,  of  March  22;  which  he  read  in  thefe 
Words : 

The  King's  Re-  TF  you  would  have  bad  the  Patience  to  have  expeff- 
Ply  (of  the  26th  I   eci  our  Anfwer  to  your  loft  Declaration,  (which, 

o f  March )  to  the        r,     .       *r     \r  *  f   •*      L   *t        *    i  • 

Parliarrent'sAn  conjiuenng  the  Nature  of  it,  hath  not  been  Long  in 
Iwer  to  his  Mef-  coming)  vje  believe  you  would  have  faved  yourf elves 
£»ge  from  New-  tjje  Labour  of  faying  much  of  this  MeJJage  ;  and  we 
could  wijh  that  our  Privileges  on  all  Parts  were  fo 
Jlated,  that  this  Way  of  Correfpondency  might  be  pre- 
ferved,  with  that  Freedom  which  hath  been  ufed  of 
eld ;  for  we  mujl  tell  you,  That  if  you  may  ajk  any 
Thing  of  us  by  MeJJage  or  Petition,  and  in  what 
Language,  how  unufual  foever,  you  think  Jit ;  and 
we  muft  neither  deny  the  Thing  you  ajk,  nor  give  our 
Reafon  why  we  cannot  grant  it,  without  being  taxed 
cf  breaking  your  Privileges,  or  being  counselled  by  thofe 
who  are  Enemies  to  the  Peace  of  the  Kingdom,  and 
Favourers  of  the  Irifh  Rebellion,  (for  we  have  feen 
your  printed  Votes  upon  our  MeJJage  from  Hunting- 
don) you  will  reduce  all  our  Answers  hereafter  into 
a  very  little  Room.  In  plain  Enslifli,  /'/  is  to  take 
away  the  Freedom  of  our  Vote  ;  which,  were  we  but 
a  Subjeff,  were  high  Injujlice  ;  but,  being  your  King) 
we  leave  all  the  I  florid  to  judge  what  it  is. 

Is  this  the  Way  to  compofe  all  Mifunder {landings  ? 
We  thought  we  Jhewed  you  one  by  our  MeJJage  of  the 
twentieth  ^/"January ;  if  you  have  a  better  or  readier, 

we 


Of   E  N  G  L  A  N  D.       395 

toe  Jhall  willingly  hearken  to  it ;  for,  hitherto,  you  An.  iS.  Car.  I. 
have  /hewed  us  none.  But  why  the  Refufal  to  confent 
to  your  Order  (which  you  call  a  Denial  of  the  Mili- 
tia) jhould  be  any  Interruption  to  it,  we  cannot  un- 
derftand.  For  the  Militia,  which  we  always  thought 
neceffary  to  be  fettled,  we  never  denied  the  Thing,  as 
•we  told  you  in  our  Anfwer  of  the  twenty -eighth  of 
February,  to  the  Petition  of  the  Houfe  of  Commons -y 
for  we  accepted  the  Perfon*,  except  for  Corporations  ^ 
we  only  denied  the  Way.  You  ajk  it  by  way  of  Or- 
dinance, and  with  fuch  a  Preface  as  we  can  neither 
with  yujiice  to  our  Honour,  or  our  Innocence,  confent 
to.  You  exclude  us  from  any  Power  in  the  Dijpojition 
or  Execution  of  it,  together  with  you,  and  for  a  Time 
utterly  unlimited:  We  tell  you  we  would  have  the 
Thing  done  ;  allow  the  Perfons,  with  that  Exception  ; 
dejire  a  Bill,  the  only  good  old  Way  of  impojing  on  our 
Subjefls.  We  are  extremely  unjatisfed  what  an  Or- 
dinance is ;  but  well  fatisjied,  that,  without  our  Con- 
fent, it  is  nothing,  nor  binding.  And  it  is  evident,  by 
the  long  Time  fpent  in  this  Argument,  the  NeceJJity 
and  Danger  was  not  fo  imminent  but  a  Bill  m-ght 
have  well  been  prepared  ;  which,  if  it  Jhall  yet  be 
done  with  that  due  Regard  to  us,  and  Care  of  our 
People,  in  the  Limitation  of  the  Power  and  other 
Cir  cum/lances,  we  Jhall  recede  from  nothing  we  for- 
merly expreffed  in  that  Anfwer  to  your  Order ;  other- 
wife  we  muft  declare  to  all  the  World,  that  we  are 
not  fatisfied  with,  or  Jhall  ever  allow  our  Subjefts  to 
te  bound  by,  your  printed  Votes  of  the  fifteenth  or  Jix- 
teenth  of  this  Month  ;  or  that,  under  Pretence  of  de- 
claring what  the  Law  of  the  Land  is,  you  Jhall,  with- 
out us,  make  a  new  Law ;  which  is  plainly  the  Cafe 
of  the  Militia :  And  what  is  this  but  to  introduce  an 
Arbitrary  way  of  Government  ? 

Concerning  Pymme'j  Speech;  you  will  have  found 
ly  what  the  Lord  Compton  and  Mr.  Baynton 
brought  from  us,  in  Anfwer  to  that  Mejfage  they 
brought  to  us,  that,  as  yet,  we  rejl  nothing  fatisjied 
in  that  Particular. 

As  for  the  fcditious  Sermons  and  Pamphlets ;  we 
are  bothforry  and  ajhamed  that,  in  fo  great  a  Variety, 

and 


396     The  Parliamentary  HISTORY 

An.  1 3.  Car.  \.andinwhichourRigJ)ts,  Honour ,  and  Authority  are 
1642.  j~0  infolently  flighted  and  vilified,  and  in  which  tie 
i~'~v~<~t  Dignity  and  Freedom  of  Parliament  is  fo  much  in- 
^li '  waded  and  violated,  it  foould  be  afked  of  us  to  name 
any :  The  mentioning  of  the  Proteftation  protefted  ; 
the  Apprentices  Proteftation  ;  To  your  Xents,  O 
Ifrael,  or  any  other,  would  be  too  great  an  Excufe  for 
the  reft.  If  ysu  think  them  noi  ivortb  your  Inquiry^ 
we  have  done.  But  we  think  it  mcjl  Jlrange  to  be 
told,  That  our  Denial  of  a  Guard,  which  we  yet 
never  denied,  but  granted  in  another  Manner,  cud 
under  a  Command,  at  that  Time,  mcjl  accujlomed  in 
the  Kingdom  ;  or  the  Denial  of  any  Thing  elfe,  whicv 
is  in  our  Power  legally  to  deny  j  which  in  our  Under- 
Jlanding,  (of  which  God  has  jurclv  given  us  Jome 
Ufe)  is  not  fit  to  be  granted,  jbsuld  be  any  Excufe 
for  fo  dangerous  a  Concourje  of  People  ;  which  not 
only  in  our  Apprehenficn,  but,  ive  believe,  in  the  In- 
terpretation of  Law  itfelft  hath  been  always  held  moft 
tumultuous  and  feditious.  And  we  mujl  wander  ivhat 
and  whence  come  the  In ftr -actions  and  Informations 
that  thofe  People  have,  who  can  fa  eafily  think  them- 
felvcs  obliged,  by  the  Proteftation,  to  cjfemble  in  fuch 
a  Manner,  for  the  Defence  of  Privileges,  which  can- 
not be  fo  clearly  known  to  any  of  them  ;  and  fo  negli- 
gently pajs  over  the  Confideration  and  Defence  of  our 
Rights,  jo  beneficial  andnecejfary  for  thctnjelven,  and 
fcarce  unknown  to  any  of  the?n-)  which,  by  their  (Jails 
of  Allegiance  and  Supremacy,  and  even  by  the  fame 
Protejlation,  they  are  at  leajl  equally  obliged  to  defend* 
And  ^uhat  Interruption  fuch  kind  of  Affemblies  may 
be  to  the  Freedom  of  future  Parliaments,  if  not  jea- 
fonably  difcountenanced  and  fupprejjed,  ive  muff  ad- 
ijife  you  to  confider ;  as  likewife  whether  both  our 
Powers  may  not,  by  fuch  Means,  be  ufurp'd  by  Hands 
not  trujled  by  the  Gonjlilution  of  this  Kingdc?n. 

For  cur  Guard;  we  refer  y.cu  /<?  our  Anj-jjcr  to 
your  Declaration. 

By  that  Quejlion  of  violating  your  Laws,  Ity 
which  we  endeavoured  to  exprefs  our  Care  and  Re- 
falution  to  obferve  them,  we  did  not  expecJ  you  would 
have  been  invited  to  have  looked  back  jo  many  TCe 


Of    E  N  G  L  A  N  D.     397 

for  'which  you  have  hadfo  ample  Reparation  ;  neither  An.  iS.  Car.  I« 
looked  we  to  be  reproached  with  the  Actions  of  our  Ml"  1 6^" 
tiijftrs,  then  again/}  the  Laws,  whilft  we  exprefs  fa  ~V7T 
great  a  Zeal  for  the  prefent  Defence  of  them  ;  it  be- 
ing  our  Refolutian,  upon  Obfervation  of  the  Mifchief 
which  then  grew  by  arbitrary  Power,  (though  made 
plaufible  to  us  by  the  Suggejlions  of  Necefftty  and  im- 
minent Danger  ;  and  take  you  heed  ye  fall  not  into  - 
the  fame  Error,  upon  the  fame  Suggejiions)  hereafter 
to  keep  the  Rule  our f elf ,  and,  to  our  Power ,  require 
the  fame  from  all  others.  But,  above  all,  we  muft 
be  mo  ft  fenftble  of  what  you  cajt  upon  us  for  Requital 
of  thofe  good  Bills  you  cannot  deny,  tf^e  have  denied 
any  fuch  Dejign,  and  as  God  Almighty  muft  judge  in 
that  Point  between  us,  who  knows  our  upright  Inten- 
tions  at  the pajfing  thofe  Laws;  fo,  in  the  mean  Time9 
we  defy  the  Devil  to  prove  that  there  was  any  De- 
ftgn,  with  our  Knowledge  or  Privity ,  in  or  about  the 
Time  cf pacing  thofe  Bills ;  that,  had  it  taken  Effeff, 
could  have  deprived  our  SubjecJs  of  the  Fruit  of  them  : 
And,  therefore,  we  demand  full  Reparation  in  this 
Point,  that  we  may  be  cleared  in  the  Sight  of  all  the 
World^  and  chiefly  in  the  Eyes  of  our  loving  SubjecJs* 
from  fo  notorious  andfalfe  an  Imputation  as  this  is. 

IJ^e  are  far"  from  denying  what  you  have  done$ 
for  we  acknowledge  the  Charge  our  People  have  fu- 
fiained  in  keeping  the  two  Armies,  and  in  relieving 
Ireland  ;  of  which  we  are  fo  fenfible,  that,  in  re- 
gard of  thofe  great  Burdens  our  People  have  under- 
gone, we  have  and  do  patiently  fuff~er  thofe  extream 
perjonal  Wants,  as  our  PredeceJ/ors  have  been  feldom 
put  to,  rather  than  we  would prefs  upon  them ;  which 
we  hope,  tn  Time,  will  be  confedered  on  your  Parts. 

In  our  Offer  of  a  general  Pardon,  our  Intent  was 
to  compofe  and  fe cure  the  generalCondition  ofourSub- 
jecJs  ;  conceiving  that,  in  thefe  Times  of  great  Di- 
Jiraftions,  the  good  Laws  of  the  Land  have  not  been 
enough  obferved :  But  it  is  -a  Jtrange  World,  when. 
Princes  proffered  Favours  arc  counted  Reproaches  5 
yet  if  you  like  not  this  our  Offer,  we  have  done. 

Concerning  any  Difcourfes  of  foreign  Forces ;  tho* 
«V  bavt  given  you  a  full  dnfwer  in  ours  to  your  la/I 


Parliamentary  HISTORY 

et  we  muft  tell  you,  we  have  neit* 
Opinion  of  our  own  Merit,  or  the  AjfeRl 


Aa.  iS.  Car  I.  Declaration,  yet  we  muft  tell  you,  we  have  neither  f 9 
164.2.        ///  an  Opinlon  Of  our  Qwn  Merit,  or  the  Affeftions 


April. 


of  our  good  Subjects,  as  to  think  ourfelf  in  Need  of 
any  foreign  Force  to  preferve  us  from  Oppreffion,  and 
we  jhall  not  netd  for  any  other  Purpofe-y  but  are  con- 
fident, through  God's  Providence,  not  to  want  the 
goodWijhes  and  AJfiJlance  of  the  whole  Kingdom ;  be- 
ing refolved  to  build  upon  that  fure  Foundation,  the 
Law  of  the  Land.  And  we  take  it  very  ill  that  any 
general  Difcourfes  between  an  unknown  Perfon  and  a 
Mariner,  or  Inferences  upon  Letter  s,Jhould  be  able  to 
prevail  in  Matters  fo  improbable  in  themf elves,  and 
fcandalous  to  us ;  for  which  we  cannot  but  likezvije  ajk 
Reparation,  not  only  for  the  Vindicating  of  our  own 
Honour,  but  alfo  thereby  to  fettle  the  Minds  of  our 
Subjefls,  whofe  Fears  and  "Jealoujies  would  foon  va- 
nijh,  were  they  not  fed  and  maintained  by  juch  falfe 
and  malicious  Rumours  as  theje. 

For  our  Return  to  our  Parliament ;  we  have  given 
you  a  full  Anfwer  in  ours  to  your  Declaration,  and 
you  ought  to  look  on  us  as  not  gone,  but  driven  (we  fay 
not  by  you  yet)  from  you;  and  if  it  be  not  fo  eafy  for 
you  to  make  our  Rejidence  in  London  fo  J'afe  as  we 
could  defire,  we  are,  and  will  be,  contented  that  our 
Parliament  be  adjourned  to  fuch  a  Place  where  we 
may  be  fitly  and  fafely  with  you  :  For  though  we  are 
not  pleafed  to  be  at  this  Dijlance,  yet  ye  are  not  to  ex- 
peff  our  Prefence,  until!  ye  Jhall  both  fecure  us  con- 
cerning our  juJlApprehenfion  of  tun.  ultuary  Infolencies^ 
and  likewife  give  us  Satisfaction  for  thofe  infupport- 
able  and  infolent  Scandals  that  are  raifed  upon  us. 

To  conclude :  As  we  have  not,  or  jhall  not,  refufe  any 
Way,  agreeable  to  Juftice  or  Honour,  which  Jhall  be 
offered  to  us,  for  the  begetting  a  right  Under/landing 
between  us ;  fo  we  are  refolved,  that  no  Straits  or 
NeceJJities,  to  which  we  may  be  driven,  Jhall  ever  com- 
pel us  to  do  that  which  the  Reafon  and  Under/landing 
which  God  hath  given  us,  and  our  Honour  and  Inte- 
reft  with  which  God  hath  trufted  us,  for  the  Good 
of  our  Pojlerity  and  Kingdoms,  Jhall  render  unpleafant 
and  grievous  unto  us.  And  we  ajjureyou,  that  (how 
meanly  focver  you  are  pleajedto  value  the  D  if  charge 

of 


Of    ENGLAND.     399 

of  our  public  Duty)  we  are  fo  confcious  to  ourfe/fofAa.  18.  Car.  I. 
having  done  our  Part  ftnce  this  Parliament,  that,  in         I^42- 
whatjoever  Condition  we  now  Jland,  we  are  confident         ~v~ 
of  the  continued  Protection  of  Almighty  God,   and 
the  conjlant  Gratitude,  Obedience,  and  Affection  of 
our  People :  And  we  Jball  truft  God  with  all. 

After  the  reading  of  this  Anfwer  the  Lord-Keeper 
further  faid,  That  the  Houfe  of  Commons  did  ac- 
count it  to  be  a  Matter  of  fo  great  Importance,  as  to 
require  fome  Time  to  confider  of  it ;  and  therefore 
they  refolved  to  lay  all  other  Bufmefs  afide,  except- 
ing one  or  two  Matters,  untill  this  was  done  ; 
which  Refolution  the  Lords  agreed  to.  Ordered, 
alfo,  That  the  MefTage  of  both  Houfes  to  the 
King,  on  the  twenty-fecond  of  March  iaft,  with 
his  Majefty's  Anfwer,  fliould  be  forthwith  printed 
and  publifhed. 

This  Day  the  Lords  took  into  Confideration  the 
Subftance  of  a  late  Conference  had  with  the  Houfe 
of  Commons,  concerning  a  Declaration  of  the 
Grievances  and  Evils  of  this  Kingdom,  with  Pro- 
pofuions  of  the  Remedies  and  Cures,  which  they 
conceived  fit  for  thefe  Difeafes,  reported  by  the 
Lord  Roberts ;  and,  firft,  the  Declaration  was  read 
in  htsc  Verba  :  * 

c  "\  T  7"E  your  Majefty's  moft  humble  and  loyal  The  Report  of  a 

<  VV     Subjects,  the  Lords  and  Commons  of  this  D. ^ration  of 

<  prefentParliament  aflembled,  do  hereby  call  God,  ST 
'  this  Kingdom,  and  the  whole  World  to  witnefs  and 

*  that  we  have,  ever  fince  our  firft  Meeting  in  this 

*  prefent  Parliament,  with  Fidelity  to  your  Majefty 
'  and  the  State,  with  much  Patience  and  Conftan- 
'  cy,  in  refpeft  of  the  great  Affronts  and  Interrup- 

*  tions,  the  pernicious  Plots  and  Attempts  where- 

*  with  we  have  been  encountered,  diftracled,  and 

*  oppofed,  employed  ourCounfels  and  Endeavours 

*  to  maintain  God's  true  Religion,  the  Honour  and 

«  Rights 

f  From  the  Lfr dt  Jturnals* 


400     The  Parliamentary  HISTORY 

An.  18.  Car.  I.'  Rights  of  your  Crown,  the  Peace  and  Safety  of 

1642.        '  your  Royal  Perfon  and  your  Kingdoms,  and  the 

^ — v*~"— '     '  juft  Liberties  of  your  People  ;  that  fo  we  might 

April.         «  eafe  th'em  of  their  great  Grievances,  and  prevent 

*  the  Fears  and  Dangers,  yea,  the  imminent  Ruin 
'  and  Deftruclion,  which  have  been  contrived  and 
'  foftered,  not  only  in  your  Court,  but  even  very 
'  near  your  own  Perfon  j  and  however  our  Liber- 
'  ties  have  been  invaded,  many  of  our  Lives  endan- 
'  gered,  and  fuch  Attempts  made  upon  us  as  might 

*  have  fubverted  the  very  Being  of  Parliament,  yet 

*  have  we  fo  kept  ourfelves  within  the  Bounds  of 
4  Modefty  and  Duty,  that  we  have  given  no  juft 
'  Occafion  of  your  Majefty's  Abfence  at  this  Time, 

*  nor  of  any  Offence  or  Difpleafuie  to  the  Queen's 
'  Majefty  ;  but,  notwithftanding  our  manifold  Ex- 
'  perience,   paft  and  prefent,  and   our  Senfe   and 
'  Apprehenfion  of  thofe  Principles,  deftru&ive  of 
4  this  Church  and  State,  with  which  that  Religion 

*  profefledly  doth  abound,  we  have  ever  been  care- 
'  iul  of  the  Honour  and  Safety  due  to  her  Majefty'a 

*  Perfon,  and  fo  intend  to  continue  for  the  Time 

*  to  come. 

4  And  we  moft  humbly  befeech  your  Majefty, 

*  with  Wifdom  and  Compaffion,  to  behold  the 

*  miferable   and  perifhing  Condition   of  all   your 
4  Majefty's  Kingdoms;    the  full  Accomplifhment 

*  whereof  fecms  impoflible  to  be  avoided,  unlefs 

*  you  will  be  gracioufly  pleafed  to  join  ferioufly  and 
4  thoroughly  with  your  Parliament,  in  removing  the 
4  Caufes,  and  applying  the  moft  powerful  and  fove- 
«  reign  Remedies  to  thofe  Evils   and  Diftempers 
«  which  have  long  held  this  Kingdom  in  a  languifh- 
«  ing  Eftate,  and  now  brought  it  even  to  the  laft 

*  Gafp  and  Period  of  Deftruclion  ;  for  preventing 
'  whereof,  according  to  the  Truft  repofed  in  us,  we 
c  are  b6und,  in  all  Humility  and  Faithfulnefs,  to 
4  prefent  fome  of  thofe  Caufes   and  Remedies  to 
'  your  Princely  View  and  Confideration. 

i.  '  The  evil  Counfel  about  your  Majefty  and 
c  the  Qaeeji,  continually  ading  and  difpofmg  all 

*  Oc- 


Of    E  N  G  L  AN  D.      401 

'  /Occurences  of  State,  and  abufing  your  Majefty  TsA 
'  Power  and  Authority,  to  the  Prejudice  of  Reli- 

*  gion  and  Hazard  of  the  Public  Peace  ;  the  Inter- 

*  ruption  of  the  Parliament ;  the  ftrengthemng  of 

*  a  malignant  Party  within  the  Kingdom  j  the  rat- 
'  ling  and  fomenting  Jealoufies  and  Difcontents  be- 

*  twixt  your  Majefty,  your  Parliament,  and  other 
'  loyal  Subjects. 

2.  '  The  Priefts,  Jefuits,  and  Papifts,  both  fo- 
'  reign  and  native,  and  other  dangerous  arid  ill-af- 
'  fecled  Perfons,  have  had  fo  great  an  Intereft  in 
'  the  Affeclicns,  and  fo  powerful  an  Influence  upon 

*  the  Counfels  of  the  Queen,  that  her  Majefty  hath 
'  been  admitted  to  intermeddle  with  the  great  Af- 
'  fairs  of  State,   and  with  the  difpofing  of  Places 
'  and  Preferments,  even  of  higheft  Concernment 
'  in  the  Kingdom  ;  which,  being  conferred  by  her 
'*  Mediation,  hereby  not  only  many  of  thofe  who 
6  are  of  great  Power  and  Authority,  but  divers  ac- 
'  tive  Spirits,,  ambitious  of  public  Employment, 

*  have  their  Dependance  upon,  and  are  engaged  to 
'  favour  and  advance  thofe  Aims   and  Defigns, 
c  which  are  infufed  into  her  Majefty  upon  Grounds 
'  of  Confcience,  which  is  the  ftrongeft  Bond  either 
'  of  Good  or  Evil. 

3.  '  The  great  Encouragement  of  Popery ;  the 
'  public  Exercife  of  that  Religion  in  Whitehall^  So- 

*  merfet-Houfe^  and  other  Places;  the  eftabliftiing 

*  of  a  Popifh  Hierarchy  ;  the  fettling  a  College  of 

*  Capuchins  within  this  Realm  j  the  free  and  fre- 

*  quent  Conventions  and  Confukations  of  Papifts; 
4  the  Multitude  of  Englijh  Youth,  of  both  Sexes, 
c  bred  in  the  Colleges  and  Religious  Houfes  beyond 
'  the  Seas,  and  thofe  Popifh  Schools,  which,  by  the 

*  Connivance  and  Favour  of  the  Times,  have  been 
'  fet  up  and  permitted  within  this  Kingdom. 

4.  '  The  Want  of  a  due  Reformation  of  the 

*  Church-Government  and  Liturgy  now  ufed  ;  the 
'  Want  of  a  preaching  Miniftry,  and  a  competent 

*  Maintenance  for  them  in  many  Parts  of  this 

*  Kingdom. 

VOL.  X.  C  c  5.  «  The 


402     'The  Parliamentary  HISTORY 

5.  4  The  over-ftricl:  preffing  of  divers  Ceremo- 
4  nies  in  the  Liturgy  and  Rubric,  and  the  enjoining 
4  and  preffing  of  other  Ceremonies  not  eftablifhed 
4  by  Law. 

6.  *  The  Votes  of  Popifh  Lords  in  the  Houfe  of 
4  Peers,  whereby  the  great  Work  of  Reformation 
4  in  the  Government  of  the  Church  and  State  hath 
4  been,  and  'may  yet  be,  very  much  hindered,  and 
4  the  malign-ant  Party  of  the  Kingdom  ftrengthened 
4  and  protected. 

7.  4  The  Countenance  and  Protection  which 
4  hath  been  afforded  to  many  great  and  dangerous 
4  Delinquents ;    the  Preferment  of  fuch  as  have  ad- 
4  hered   to  them  ;  and  the  Difpleafure  fhewed  a- 

*  gainft  thofe  who  have  been  ufed  and  employed  as 
4  WitnefTes  in  the  Trial  and  Profecution  of  them. 

8.  4  The  violent  and  frequent  Breaches  of  the 
4  Privileges  of  Parliament ;  the  often  Attempts  a- 
4  gainft  the  Safety,  and  malicious  Defign  to  fruf- 

*  trate  the  Power  and  Proceedings,  of  Parliament. 

9.  4  The  Managing  and  Tranfa&ing  the  great 
4  Affairs  of  the  Realm  in  private  Cabinet  Councils 
4  by  Men  unknown,  not  trufted  by  the  Wifdom 
4  of  the  Law,  nor  well-affedled  to  the  Public  Good 
4  of  the  Kingdom. 

10.  4  The  Preferring  Men  to  Degrees  of  Ho- 

*  nour,  to  Offices,  and  other  Employments  of  Truft, 
4  and   removing  others   in  Time  of  Parliament, 
4  without  the  Confent  of  that  your  great  and  faith - 
4  ful  Council ;  whereby  covetous  and   ambitious 
4  Spirits  are  apt  to  be  biaffed  to  thofe  Courfes  which 
4  lead  to  their  own  Preferment ;  and  others,  more 
4  ingenuous  and  upright,  are  awed  and  ftraitened 
4  in  the  Performance  of  their  Duties. 

11.  4  The  Selling  of  Places  of  Judicature,  of 
4  Offices  of  Truft  in  Courts  of  Juftice,  as  of  the' 
4  Degrees  of  Serjeant  at  Law,  and  of  the  Charge 

*  and  Cuftody  of  the  Caftles  and  Forts  of  the  King- 
4  dom  ;  whereby  inefficient,  corrupt,  and  unwor- 
c  thy  Perfons  are  often  preferred  ;  who,  knowing 
4  themfelves  obnoxious  to  the  Cenfure  and  Punifh- 

4  ment 


Of   ENGLAND.      403 

*  ment  of  Parliament,  are  engaged,  for  their  own        18.  Car.  I« 

*  Security,  to  be  plyant  and  ferviceable  to  any  ill 
4  Deftgns ;  Oppreffion,  Bribery,  and  Extortion,  are 
4  cherifhed  and  increafed ;  your  Majefty's  Service, 
'  the  Safety,  Honour,  and  Government  of  theKing- 

*  dom  neglected;  and  Places  and  Employments  of 
4  Truft,  which,  in  the  Frame  and  Conftitution  of 

*  the  Commonwealth,  were  intended  for  the  ge- 

*  neral  Good  and  Service  of  the  Kingdom,  are,  for 

*  the  moft  Part,  by  the  Study  and  Endeavours  of 
4  thofe  that  enjoyed  them,  improved  to  the  Satif- 
4  faction  of  their  own  Covetoufnefs,  Ambition,  or 
4  other  private  Ends  ;  and  made  burthenfome  and 
'  hurtful  to  the  Public,  by  obftrucling  or  prevent- 
4  ing  the  Ways  of  Juftice. 

12.  *  The  fecret  and  falfe  Informations  and  Ac- 
4  cufations  received  againfl  divers  Members  of  Par- 
'  liament ;  whereby  they  have  been  much  endan- 

*  gered  and  prejudiced,  in  the  Favour  and  Appre- 

*  henfion  of  your  Majefty  and  the  Queen,  and,  by 
4  concealing  the  Informers,  have  been  left  without 
4  Means  to  acquit  and  defend  themfelves. 

4  The  Remedies  which  we  humbly  tender  to 

*  your  Majefty  are  thefe  : 

i.  4  That  the  Lords,  and  other  your  Majefty's 
4  Privy-Council,  and  all  other  Perfons  employ 'd  in 
4  great  Offices  of  State  and  Government,  either  at 
4  home  or  beyond  the  Seas,  may  be  put  from  the 
4  Privy-Council,  and  from  thofe  Offices  and  Em- 
4  ployments,  excepting  fuch  as  have  Offices  by  Inhe- 
4  ritance ;  and  that  fuch  Perfons,  as  {hall  be  put  into 
4  thofe  Places  and  Employments,  (hall  be  recom- 
4  mended  to  your  Majefty  by  Advice  of  bothHoufes 
4  of  Parliament  -,  and  that  all  Privy-Counfellors 
4  fhall  take  an  Oath  for  the  due  Execution  of  their 
4  Places,  in  fuch  Form  as  (hall  be  agreed  upon  by 
e  Parliament ;  and  that  fuch  of  thofe  Counfellors 
4  and  great  Officers  as  fhall  be  fo  difplaced,  and  not 
*  recommended  as  aforefaid,  and  whofe  Names 
4  fhall  be  prefented  by  both  Houfes  of  Parliament, 
4  fhall  not  have  Accefs  to  the  Perfons  or  Courts  of 
4  the  Kins;  or  Queen's  Maiefty. 

C  c  2  2.  '  That 


404    The  Parliamentary  HISTORY 

An.  is.  Car.  I.      2.  «  That  all  Priefts,  Jefuits,  or  Papifts,  as  like- 

1642.         <  wjfe  ajj  other  dangerous  and  ill-afte&ed  Perfons, 

'*~~A^\T^    '  t^10'  Pr°fe^ng  tne Proteftant  Religion,  be  remo- 

*  ved  from  the  Queen's  Perfon,  and  from  having 
'  any  Office  or  Employment  under  her ;  and  that 
'  all  her  Majefty's  Servants  whatfoever  fhall  take  an 
'  Oath,  to  be  advifed  and  ena&ed  by  Parliament, 

*  That  he,  or  fhe,  will  not,  at  any  Time,  diredlly 

*  or  indirectly,  by  him  or  herfelf,  or  any  other, 
'  move,  petition,  or  follicit  her  Majefty  in  any 
'  Matter  concerning  the  State  and  Government  or 
'  the  Kingdom ;  or  concerning  any  Favour  or  Im- 
e  munity  to  be  conferred  upon  any  Papifts,  againft 
'  the  Laws ;  or  for  any  Honour,  Preferment,  or 

*  Employment  of  any  Perfon  whatfoever. 

3.  '  That  your  Majefty  will  be  gracioufly  plea- 
'  fed  to  remove  from  about  the  Royal  Perfons  of 
(  your  Majefty  and  the  Queen,  and  from  both  your 
'  Courts,    Mr.  William  Murray,    Mr.  Endimion 
'  Porter,  both  which  are  of  your  Bed-Chamber, 
'  Sir  John  Wintour,  late  Secretary  to  the  Queen's 
'  Majefty,  and  Mr.  William  Crofts,  being  al)  Per- 
'  fons  of  evil  Fame,  as  thofe  who  are  difaffe&ed  to 

*  the  Public  Peace  and  Profperity  of  the  Kingdom ; 
'  Inftruments  of  Jealoufy,  Difcontent,  and  Mifun- 
c  derftanding  betwixt  your  Majefty  and  yourParlia- 
c  ment;  and  bufy  Promoters  of  thofe  Mifchiefs  and 

*  Grievances  which  have  produced  the  great  Dan- 
'  gers,  Diftempers,  and  Fears,  wherewith  all  your 

*  Kingdoms  have  been,  and  ftill  are,  miferably  di- 

*  ftrafted  and  perplexed. 

4.  '  That  your  Majefty  will  be  pleafed  not  to  en- 

*  tertain  any  Advice  or  Mediation  from  the  Queen 
'  in  Matters  of  Religion ;  as  concerning  the  Go- 

*  vernment  of  any  of  your  Majefty's  Dominions  ; 
'  as  for  the  placing  or  difplacing  any  great  Officers, 

*  Counfellors,  Ambafladors,  or  Agents  beyond  the 

*  Seas;  or  any  of  your  Majefty's  Servants  attending 
'  your  Royal  Perfon,  either  in  your  Bed  Chamber 
«  or  Privy-Chamber,  or  attending  the  Perfon  of  the 
'  Prince,  or  any  of  the  Royal  Iffue,  after  they  fhall 

*  attain  to  the  Age  of  five  Years. 

5.  <  That 


Of    ENGLAND.     405 

5.  «  That  for  the  further  fecuring  the  Kingdom  An.  18.  Car.  I. 
'  in  this  Behalf,  being  a  Matter  of  (o  great  Impor-         i&t2- 

'  tance  for  the  Prefervation  of  Religion  and  the    L— •* v— - J 

'  Safety  of  the  Kingdom,  the  Queen  will  be  pleafed       April* 

'  to  take  a  folemn  Oath,  in  the  Prefence  of  both 

'  Houfes  of  Parliament,  the  Form  whereof  is  to  be 

'  agreed  on  in  Parliament,  That  fhe  will  not  here- 

c  after  give  any  Counfel,  or  ufe  any  Mediation,  to 

'  your  Majefty  concerning  the  difpofing  of  any  of 

'  the  Offices  or  Places  above-mention'd,  or  at  all 

'  intermeddle  in  any  of  the  Affairs  of  State  or  Go- 

'  vernment  of  the  Kingdom. 

6.  '  That  all  great  Officers  and  Counfellors,  and 
'  fuch  others  as  fhall  be  employed  in  any  of  the 
'  Places  before  mention'd,  fhall  take  a  folemn  Oath, 

*  in  fuch  Manner  and  Form  as  fhall  be  prefcribed 
4  by  Parliament,  That  they  have  not  made  Ufe  of 

*  any  Power  or  Mediation  of  the  Queen,  directly 
'  or  indirectly,  for  their  Preferment,  in  obtaining 

*  any  fuch  Place  or  Employment. 

7.  '  That  the  great  Affairs  of  the  Kingdom  may 
'  not  be  concluded  or  tranfacted  by  the  Advice  of 
'  private  Men,  or  by  any  unknown  or  unfworn 

*  Counfellors ;  but  that  fuch  Matters  as  concern 

*  the  Public,  and  are  proper  for  your  Majefty's 
1  Privy-Council,  fhall  be  debated  and  concluded  by 
'  fuch  of  the  Nobility  and  others  as  fhall  be  recom- 

*  mended  to  that  Place  by  Parliament ;  and  fuch 
'  other  Matters  of  State  as  are  proper  for  this  High 
'  Court  of  Parliament,  which  is  your  Majefty's 
'  great  and  fupreme  Council,  {hall  be  debated,  re- 
'  folved,  and  tranfacted  only  in  Parliament,  and 
'  not  elfewhere ;  and  fuch  as  fhall  prefume  to  dp 
'  any  Thing  to  the  contrary,  fhall  be  referr'd  to  the 
4  Cenfure  and  Judgment  of  Parliament. 

8.  c  That  no  Perfon  whatever,  under  the  Penal- 

*  ty  of  High  Treafon,  to  be  enacted  by  Parliament, 

*  fhall  prefume  to  make,  entertain,  folJicit,  or  fur- 

*  ther  any  Proportions  or  Treaty  for  the  Marriage 

*  of  any  of  the  King's  Children,  with  any  Prince 

*  or  Perfon  of  the  Popifh  Religion ;  that  no  Mar- 
'  riage  for  any  of  the  King's  Children  may  be  con- 

C  c  3  *  eluded 


40 6     The  Parliamentary  HISTORY 

An.  7?.  Car.  I.  £  eluded  with  any  other  Prince  or  Perfon  whatfo- 
1^  -*—  _j  '  ever,  without  the  Advice  and  Confent  of  both 
April.        '  Houfes  of  Parliament. 

9.  '  That  none  of  the  King's  Children,  except 

*  the  Princefs   Mary,  already  affianced,  may,  at 
'  any  Time,  go  beyond  the  Seas  without  the  Con- 

*  lent  of  both  Houfes  of  Parliament;  and  that  no 
4  Perfon,  under  the  Penalty  of  High  Treafon,  to  be 
£  enacted  by  Parliament,  fhall  advife,  affift,  or  at- 
'  tend  any  of  his  Majefty's  Children  in  fuch  Voyage 

*  beyond  the  Seas,  without  the  like  Confent  of  both 
4  Houfes  of  Parliament. 

10.  '  That  fuch  Popifh  Priefts  as  are  already 
f  condemned,  may  be  forthwith  executed  ;   and 
'  fuch  as  fhall  hereafter  be  condemned,  may  like- 
4  wife  be  executed  according  to  Law. 

II.'  That  no  Mafs,  or  Popifh  Service,  be  fung 
e  or  faid  in  the  Courts  of  the  King,  Queen,  Prince, 

*  or  the  Houfe  of  any  Subject  in  this  Kingdom; 

*  and  that  none  of  your  Majefty's  Subjects,  or  Ser- 
'  vants  to  your  Majefty,  the  Queen,  or  any  of  your 
c  Children  be  prefent  at  Mafs,  or  in  any  other  Ser- 
4  vice  of  the  Church  of  Rome,  or  in  any  Place  what- 

*  foever,  under  the  Penalty  of  lofing  his  Office  and 

*  Service ;  over  and  above  the  other  Penalties  al- 

*  ready  enjoined  by  Law. 

12.  '  That  feme  more  effectual  Courfes  may  be 
e  enacted,  by  Authority  of  Parliament,  for  the  bet- 

*  ter  Execution  of  the  Laws  againft  Papifts,  for  the 
'  preventing  of  feign'd  Conformity,  and  difabling 
c  them  frr..i  making  any  Disturbances  in  the  State. 

13.  '  That  the  Votes  of  the  Popifh  Lords  in  the 

*  Houfe  of  Peers  be  taken  away  by  Act  of  Parlia- 

*  ment. 

14.  '  That  a  due  Reformation  may  be  made 
'  of  the  Church-Government  and  Liturgy  by  the 
"  Parliament,  and  an  able  preaching  Miniftry  may 

*  be  eftablifhed  in  all  Parts  of  this  Kingdom  ;  for 
'  which  Purpofe  they  intend  to  be  affifted  with 
c  the  Advice  of  fuch  godly  and  learned  Divines, 
?  as  fhall  be  agreed  on  by  both  Houfes  of  Parlia- 
f  ment. 

15.  «  That 


Of    E  N  G  L  A  N  D.      407 

15.  «  That  it  may  be  eftablifh'd,  by  Aft  of  Par-  An.  18.  Car.  I. 
e  iiament,  That  no  Perfon  (hall  incur  any  Penal-        1642. 

4  ties  or  Punifhment  for  any  Omiffion  of  the  Cere-    '—— v— ^ 

*  monies  in  the  Liturgy  and  Rubric,  untill  the  in-       Ap"1- 
4  tended  Reformation  be  made  by  Parliament;  and 

4  that  fuch  Ceremonies,  as  are  not  eftablifhed  by 

*  Law,  may  forthwith  be  wholly  taken  away. 

1 6.  *  That  fuch  Delinquents,  as  ftand  charged 

*  in  Parliament,  for  any  Offence  againft  the  Peace 
4  and  Liberty  of  the  Kingdom  or  Privilege  of  Paf- 
4  ment,  may  be  left  to  the  Courfe  of  Juftice  ;  and 

*  fuch  as  have,  or  mail  fly  out  of  the  Kingdom  up- 

*  on  any  fuch  Charge,  mall  be  fubjedt  to  fuch  Pe- 
4  nalties  and  Forfeitures,  as  fhall  be  agreed,  and 

*  impofed  by  Bill,  in  both  Houfes  of  Parliament. 

17.  '  That  fuch  Perfons,  as  fhall  be  declared  in 
4  Parliament  to  adhere  to  any  fuch  Delinquents,  and 

*  have  thereupon  any  Preferment  from  your  Maje- 
4  fly,  fhall  be  removed  from  thofe  Preferments ;  and 
4  that  fuch  as  fhall  be  declared,  by  both  Houfes  of 
4  Parliament,  to  have  been  employed  or  ufed  as 
4  Witneffes  againft  Delinquents,  and  have  there- 
4  upon  fallen  into  your  Majefty's  Difpleafure,  and 
4  been  put  out  of  their  Places,  fhall  be  reftored  to 
4  their  Places,  and  to  your  Majefty's  Favour. 

18.  4  That  every  Perfon  which,  being  a  Member 
4  of  the  Houfe  of  Commons  in  this  p relent  Parlia- 
4  ment,  hath  been  accufed  of  any  Offence  againft 
4  that  Houfe;  and,  that  Accufation  depending,  hath 
4  been  called  up  to  the  Houfe  of  Lords,  in  the 
4  Quality  of  a  Peer,  fhall,  by  Act  of  Parliament, 
4  be  put  out  of  that  Houfe  ;  and  that,  hereafter,  no 
4  Member  of  the  Houfe  of  Commons,  except  in  cafe 
4  of  Defcent,  may,  without  their  Confent,  be  call'd 
4  up  to  be  a  Peer  in  the  Lords  Houfe. 

19.  4  That  no  Perfon,  which  fhall  hereafter  be 

*  made  a  Peer  of  this  Realm,  fhall  be  admitted  to 
4  have  his  Seat  or  Vote  in  the  Houfe  of  Peers,  with- 
4  out  the  Confent  of  both  Houfes  of  Parliament. 

20.  4  That  thofe  Members  of  the  Houfe  of  Com- 
4  mons,  who  have,  this  Parliament,  been  called  lo 
4  the  Houfe  of  Peers,  except  in  cafe  of  Defcent, 

*  may 


408     The  Parliamentary  HISTORY 

may  be  excluded  from  giving  their  Votes  in  the 
Houfe  of  Peers,  unlefs  both  Houies  of  Parliament 
.  (hall  aflent  thereunto. 

21.  '  That  no  Member  of  either  Houfe  of  Par- 

*  liament  may  be  preferred,  or  difplaced,  fitting  the 

*  Parliament,  to  or  from  any  Office  in  the  Court 
fc  of  the  King,  Qneen,  or  Prince,  or  about   any 
'  of  the  King's  Children  or  public  Place  of  Trull 
'  in  the  Commonwealth,  or  to  or  from  the  JBe- 

*  nefit  of  fuch  Place  or  Places,  without  Confent 
'  of  that  Houfe  whereof  fuch  Perfon  {hall  be  a, 

*  Member. 

22.  '  That  fuch  Perfons,  of  either  Houfe  of  Par- 

*  liament  who  have  been  preferred  to  any  fuch  Of- 
'  fices  or  Places,  during  this  Parliament,  may  be 

*  put  out  of  thofe  Offices  and  Places  ;  and  that 

*  thofe  Members  of  either  Houfe  of  Parliament, 

*  who,  during  the  Parliament,  have  been  put  out  of 

*  any  fuch  Offices,  Places,  or  the  Benefit  thereof, 

*  may  be  reftored  again  to  thofe  Places  and  Offices, 

*  and  to  the  Benefit  thereof,  upon  Petition  of  that 

*  Houfe  whereof  they  are  Members. 

23.  '  That  no  Office  or  Employment  concern- 

*  ing  the  Juftice  and  Government  of  the  Kingdom, 

*  or  your  own  Revenue,  or  Degrees  of  Serjeant  at 

*  Law,  or  Cuftody  of  any  Fort  or  Caftle,  or  Place 

*  of  Truft,  be  fold  or  beftovyed  for  Money  to  be 

*  paid  to  your  Majefty,  or  the  Ufe  or  Benefit  of 

*  any  of  your  Servants,  or  any  other ;  and  that  it 
'  be  declared  in  Parliament  to  be  a  Breach  of  Truft 

*  and  Duty,  both  to  your  Majefty  and  the  Com- 

*  monwealth,  in  any  of  thole  who,  under  your 
'  Majefty,  {hall  have  the  beftowing  of  any  fuch 

*  Place,  to  take  Money  for  the  fame,  either  direCr,- 

*  ly  or  indirectly,  by  himfelf  or  others  ;  and  that 
'  the  Laws  in  Force  againft  felling  of  Offices,  be 

*  duly  obferved  for  the  Time  to  come,  and  the  Pe- 
f  n.alties  thereby  incurr'd  not  to  be  difcharg'd  by  any 

*  Non  objlante  or  Difpenfation ;  butthat  Men  may 

*  fce  preferred  for  their  Ability,  Merit,  Experience, 
6  and  other  public  Jlefpedb  ;  the  People  eafed  of 
'  alj  exceffive  Fees,  and  ur^eceflary  Delays  ;  and 

*  the 


Of    E  N  G  L  A  N  D.      409 

'  the  Proceedings  of  Juftice  made  more  eafy,  cer- An.  18  Car.  I, 

*  tain,  and  indifferent,  than  of  late  they  have  been.        ^4^   ^ 

24.  *  That  your  Majefty  would  be  pleafed  to    ^T^]. 
e  difcover  the  Names  of  thofe  Perfons  who  advifed 

'  your  Majefty  to  ifTue  out  Warrants  for  the  fearing 
1  of  the  Chambers  and  Studies  of  the  Lord  Kim- 
'  bolton,  or  of  any  Member  of  the  Houfe  of  Com- 

*  mons ;  and  to  fend  their  Serjeant  at  Arms  to  the 
'  Houfe  of  Commons  to  demand  fome  of  their 
'  Members ;  to  iflue  out  feveral  Warrants  under 
'  your  Majefty's  own  Hand  to  apprehend   thofe 
'  Members ;  your  Majefty's  coming  thither  in  your 
c  own  Royal  Perfon  ;  the  letting  forth  of  a-printed 

*  Paper,  in  the  Form  of  a  Proclamation,  to  appre- 
'  hend  thofe  Members ;  the  exhibiting  of  Articles 
'  of  Treafon  in  the  Lords  Houfe  againft  thofe 
'  Members ;  and  who  advifed  and  contrived  thefe 
'  Articles,  or  informed  your  Majefty  of  the  Mat- 
'  ter  therein  contained. 

25.  '  That  your  Majefty  will  be  pleafed,  accor- 
'  ding  to  Law,  not  to  receive  any  private  Informa- 
'  tion  or  Suggeftion  againft  any  Member  of  Par- 
'  liament,  for  Things  done  in  Parliament ;  and 
'  that  you  will  be  pleafed  to  difcover  the  Names  of 

*  thofe  Perfons  who  have  given,  or  (hall  give,  any 
'  fuch  private  Information  or  Suggeftion  to  your" 

*  Majeity,  upon  the  humble  Petition  of  the  refpec- 
4  live  Houfes  of  Parliament,  againft  whofe  Mem- 
'  bers  any  fuch  private  Information  or  Suggeftion 

*  have  been,  or  fhal!  be,  given  ;  and  that  you  would 

*  be  pleafed  to  make  a  public  Declaration  and  Pro- 
«  mife,  in  Parliament,  to  that  Purpofe. 

'  Thefe  Things  being  obtained  and  confirm 'd  by 

*  your  Majefty's  princely  Favour  and  Goodnefs, 

*  they  humbly  conceive  that,  thro'  the  Blefling  of 
'  God,  it  will  be  an  aflured  and  efte&ual  Means  to 

*  remove  all  Jealoufies  and  Diftempers  betwixt  your 
4  Majefty  and  ycur  People,  and  to  eftablifh  your 
c  Royal  Throne  upon  the  fure  Foundation  of  their 
'  Love  and  Confidence  ;  and  thereupon  your  duti- 

*  ful  and  loyal  Subjects  (hall  moftchearfully  addrefs 

*  themfclvcs,  with  their  Lives  and  Fortunes,  to 

*  main- 


410     The  Parliamentary  HISTORY 

An.  18.  Car.  I. «  maintain  and  defend  your  Sacred  Perfon,  and  your 

LJLtXj     '  Royal  Power  and  Authority;  In  a  Parliamentary 

.April.         '  Way  to  fupport  and  fupply  yourMajefty  in  fo  free 

'  and  large  a  Manner,  as  may  make  you  as  great 

'  and  happy  a  Prince  as  any  of  your  moft  renown'd 

*  Anceftors;  and,  upon  all  Occafions,  they  (hall  be 
e  ready  to  ufe  their  utmoft  and  moft  faithful  Endea- 
4  vours,  that  your  Majefty,  your  Royal  Queen  and 
'  Princely  IfTue,  may  enjoy  all  Honour,  Happinefs, 

*  and  Contentment  in  theMidft  of  an  humble,  obe- 
'  dient,  and  affectionate  People  ;  whereby  a  hope- 

*  ful  Way  will  be  opened  for  your  Majefty  to  be- 
'  come  a  glorious  Inftrument  of  the  Peace  and  Pro- 

*  fperity  of  this  Kingdom,  and  of  all  your  Friends 
'  and  Allies  abroad.' 

Mr.  Pywwc's  After  this  his  Lordfhip  further  reported,  c  That 
Speech  there-  Mr  Pymme  laid,  He  was  commanded  by  the  Knights, 
ui'on<  Citizens,  and  BurgefTes  of  the  Houfe  of  Commons, 

to  prefent  this  Declaration,  of  the  Caufes  and  Re- 
medies of  the  Mifchiefs  of  thefe  Times,  to  their 
Lordfhips;  fuch  as  require  a  prefent  Remedy  rather 
than  a  Declaration,  and  afterwards  to  fay  fomething 
to  prepare  your  Lordfhips  Confent  to  it.  He  faid, 
The  Mifchiefs  have  been  exprefled  with  moreDan- 
•ger  and  Violence  than  many  Ages  heretofore,  and 
therefore  your  Lordfhips  will  not  wonder  that  fome- 
thing extraordinary  be  in  the  Cure;  yet  the  Houfe 
of  Commons  fay  they  have  kept  themfelves  within 
the  Bounds  of  their  Duty  and  Modefty,  as  fuch 
who  are  for  the  Advantage  of  the  King  as  well  as  of 
the  Subject.  He  faid,  If  thefe  Caufes  and  Reme- 
dies be  duly  confidered,  in  relation  to  the  great  Di- 
ffractions of  the  Kingdom,  your  Lordfhips  would 
think  all  of  them  neceflary  and  important,  and  moft 
of  them  without  Exceptions  ;  yet  he  was  com- 
manded to  touch  upon  the  principal  Matters,  and 
remove  fome  Objections ;  \vhich  he  would  do  in  a 
few  Words,  as  fpeaking  to  thofe  whofe  Reafons 
would  prevent  Difcourfes. 

TheySr/?  Objection  is,  The  naming  of  ill  Counfel- 
lorS)  which  might  fe em  as  an  Encroachment  upon  the 

Pre- 


Of    E  N  G  L  A  N  D.     411 

Prerogative  ;  ichich  the  Commons,  as  well  as  your  An.  18.  Car.  I. 
Lord/hips,  will  be  tender  of,  fo  far  as  it  Jlands  with        i642- 
the  Public  Good,  Peace,  and  Safety  of  the  Kingdom,    *- "7v"r""g' 
for  which  all  Power  and  Government  is  framed. 
Anfwer,  I.  *  That  antiently,  by  the  Laws  of 
this  Kingdom,  the  great  Offices  of  the  Realm 
were  to  be  fettled  no  other  Way,  but  with  Con- 
fent  of  Parliament :  If  the  great  Places  are  fo,  it 
is  not  ftrange  the  lefler  ftiould. 
2.  '  There  is  but  a  Recommendation  required ; 
they  have  their  Authority  ftill  from  the  King. 
'Tis  known  that  private  Advifers  are  heard,  who 
deferve  not  the  Credit  which  both  Houfes  of  Par- 
liament, are  of;  and  fo  long  as  thefe  are  done  by 
the  King's  Grant,  it  affirmeth,  not  oppofeth,  his 
Prerogative/ 

The  fecdnd  Objection  is  to  another  Head  of  the 
firft  Article,  That  all  Officers  Jhould  be  put  out,  the 
Innocent  as  well  as  the  Nocent :  This  may  feem  hard. 
Anfwer,  i.  '  But  this  is  done  to  avoid  perfonal 
'  Taxes,  that  they  may  go  off  in  a  general  Throng, 
'  who  have  not  deferved  well. 

2.  *  It  will  be  a  Means  for  the  more  wary  Car- 
'  riage  of  thofe,  who  are  not  yet  fo  clear  as  to  get  a 
'  Confidence  with  the  Subjects.' 

The  third  Objection  is  to  the  Articles,  That  all 
Jefuits  andPapijhJhouldbe  remov'dfrom  the^ueen. 
This  is  liable  to  an  Objection  of  debarring  the  ^ueen 
from  the  Exercife  of  her  Religion,  and  that  it  is  againjl 
the  Public  Treaty  and  Faith  given ;  and  fo  may  draw 
fame  Difaonour,  and  may  be  an  Occajion  of  Enmity 
againft  us. 

Anfwer.  '  That  the  Houfe  of  Commons  confi- 
'  dered  that  the  Law  of  God,  and  the  Law  of  the 
'  Land,  was  only  fit  for  the  Reprefentatives  of  the 
£  Body  ^>f  the  Kingdom  the  Houfe  of  Commons, 
'  and  the  Lords  the  hereditaryjudges  of  this  Realm, 
'  to  judge  of;  for  if  there  mull  be  Idolatry  againft 
'  the  Law  of  God,  it  concerns  them  much  to  re- 
'  fift  it,  left  they  fhould  incur  the  Divine  Wrath; 
'  and  nothing  concerns  them  more  than  to  fee  the 

«  Laws 


April. 


412     The  Parliamentary  HISTORY 

An.  18.  Car.  I.  Laws  of  this  Kingdom  executed :  Herein  we  may 
difpleafe  Man,  we  {hall  not  God. 

*  For  the  Public  Faith  and  League,  it  is  lefs  than 
with  God  ;  we  muft  refpect  the  higher,  and  not 
the  lower ;  no  Contract  can  oblige  againft  the 
Law  of  God,  neither  can  any  Contract  bind  us 
againft  the  Law  of  this  Kingdom.' 

The  fourth  Objection  is,  The  Queen's  taking  an 
Oath. 

Anfwer.  *  The  Houfe  of  Commons  defire  it  may 

*  be  confidered  how  great  and  how  neceflary  a  De- 

*  fire  this  is :   For  the  Power  fhe  hath  had,  in  dif- 
'  pofing  of  Offices,  is  known  to  all  your  Lordfhips ; 

*  and  to  avoid  this  they  can  have  no  other  Remedy 

*  but  fome  Bond  and  Tie  upon  her  Confcience. 

*  This  will  argue  the  Solemnity  of  thefe  Defires; 

*  and  this,  though  it  be  unufual,  the  Caufe  is  foj 
'  the  like  urgent  Occafions,  fince  the  Conqueft,  we 
'  have  not  had  as  now.' 

The  fifth  Objection  is  to  that  which  concerned 
the  Marriage  of  the  Kings  Children. 

Anfwer.  *  That  we  never  were  in  any  Condition 
'  which  fo  preffed  us  to  defire  this,  as  now;  and, 
'  having  found  fo  much  Danger  by  Marriage  with 

*  a  contrary  Religion,  we  fhould  do  what  we  might, 

*  to  avoid  the  like  for  the  future ;  therefore  it  is  ne- 

*  ceffary  that  we  deal  adviledly  in  this.     The  Chil- 

*  dren  of  the  King  are  his,  yet  they  are  the  Chil- 

*  dren  of  the  Kingdom  alfo,  and  the  Law  looks 
'  more  to  them  than  to  private  Men's  Children;  and 
'  yet  even  thofe  the  Laws  may  reftrain  for  avoiding 
'  public  Inconvenience.     He  faid,  Your  Lordfhips 

*  fee  Religion  almoft  gone  within  thefe  two  Years, 
'  and  if  this  Parliament  be  not  a  Means  to  prevent 
'  it,  it  will  be  gone  indeed ;  and  therefore,  with  re- 
4  lation  to  Religion,  this  Article  is  neceflary.' 

Thejixth  Objection  is,  The  Reftraint  of  making 
Peers,  and  that  thofe ,  ^vho  were  Members  of  the  Houfe 
of  Commons^  Jhould  be  removed  to  that  Houfe. 

Anfwer.  '  The  Houfe  of  Commons  conceive  it 
'  agreeable  to  the  Nature  of  Parliament,  which  as 

•it 


Of    ENGLAND.    413 

'  it  is  fit  for  your  Lordftiips  to  defire  none  ftiould  be  An.  18.  Car.  I« 

*  made,  but  by  your  Confents,  fo  will  the  Houfe       l64z- 

c  of  Commons  defire,  for  themfelves,  that  none  of   ^""""X""*'^ 
c  their  Body  may  be  taken  away,  but  by  their  Con-       APr"« 
'  fent ;  and  in  the  Cafe  of  Affiftants  in  the  Peers 

*  Houfe,  taken  from  the  Houfe  of  Commons,  they 
'  have  been  remanded  by  that  Houfe  in  feveral 
«  Cafes.' 

Thefe  are  all  the  particular  Objections  concern- 
ing the  general  Objection,  That  feeing  moftofthefe 
cannot  be  done  without  a  Bill,  why  is  this  Way  taken 
of  a  Declaration  ? 

Anfwer.  «  That  the  Neceflity  of  the  Times  will 
c  not  wait  for  the  patting  of  fundry  Bills,  which  muft 
'  take  up  fome  Time ;  but  it  will  be  a  great  Com- 

*  fort  to  the  Kingdom  to  have  the  King's  Aflent 
c  before-hand;  and  it  will  much  conduce  to  the 
'  fettling  the  Minds  of  Men.' 

This  Report  being  ended,  it  was  ordered,  That 
the  Matter  of  it  be  taken  into  Debate  the  next 
Morning.  But  we  hear  no  more  of  this  Declara- 
tion for  fome  Time ;  the  Subftance  of  it  was,  af- 
terwards, converted  into  Nineteen  Propofitions, 
which  were  fent  to  the  King,  and  will  fall  in  their 
proper  Place. 

April  2.  This  Day  the  Houfe  of  Lords  was  cal- 
led over,  after  which  a  Meflage  from  the  Commons 
was  received,  confifting  of  feveral  Articles,  one  of 
which  was  an  Order  of  that  Houfe,  to  authorize prder  for  bring- 
Sir  John  Hotham,  Governor  of  Hull,  to  fuffer  the 'Xfl^^ 
Magazine  of  Arms  and  Ammunition  there,  to  be  London. 
embark'd  and  brought  to  London  j  to  which  they 
defired  their  Lordfhips  Concurrence.     The  Lords 
agreed  that  this  was  requifite  to  be  done  ;  but  re- 
folved,  on  [the  Queftion,  To  have  a  Conference 
with  the  Commons,  and  propofe  it  to  them  :  That 
the  King  might  be  petitioned  to  give  Leave  for  it, 
and  to  prefent  his  Majefty  with  Ibme  Reafons  for 
the  fame.' 

In- 


414     The  Parliamentary  HISTORY 

Information  being  given  to  the  Lords,  That  Ed- 
ward  Sandeford,  a  Taylor  of  Z,0;z<^?;z,  had  faid,  That 
A  ri]  the  Earl  of  EJfixws.  a  Traitor;  that  all  the  Par- 
liament were  Traitors;  that  the  Earl  of  Warwick 

proceedings  a-  was  a  Traitor,  and  wifhed  his  Heart  in  his  Boots  ; 

gainft  Ed-ward  and  that  he  curfed  the  Parliament,  and  wifhed  Mr. 

Sandeford  for    Pymme  (calling  him  King  Pymme)  and  Sir  John 

tament?  '"' Hotham  both  hang'd;  the  faid  Edward  Sandeford 
was  brought  to  the  Bar,  and  afked  what  he  had  to 
alledge  in  his  Defence  ;  but  not  being  able  to  dif- 
prove  the  Charge,  he  and  the  Witnefles  againft  him 
were  ordered  to  withdraw.  Then  the  Houfe  agreed 
to  the  following  Sentence  againft  him  : 

1 .  That  the  y^VEdward  Sandeford  Jhould  le  fined 
to  our  Sovereign  Lord  the  King,  in  the  Sum  of  one 
hundred  Marks. 

2.  That  he  Jhall  Jland  on  the  Pillory  in  Cheap- 
fide  and  Weftminfter,  with  a  Paper  on  his  Head  de- 
claring his  Offence. 

3.  That  when  he  Jhall  be  taken  off  the  Pillory^  in 
each  Place,  he  Jhall  be  whipped  from  thence  at  a 
Cart's  Taily  the  firji  Day  to  the  Fleet,  and  the  fe- 
cond  Day  to  Bridewell. 

4.  That  he  Jhall  (land  committed  to  the  Houfe  of 
Correction  in  Bridewell,  there  to  be  kept  to  work  du- 
ring his  Life. 

The  Lord-Keeper  acquainted  the  Houfe,  that  he 
had  received  a  Meflage  from  the  King,  as  an  An- 
fwer  to  the  Defires  of  both  Houfes  concerning  the 
Earl  of  Warwick's  being  made  Commander  of  the 
Fleet ;  which  was  read  in  hac  Verba  : 

CHARLES   R. 

Right  Trufty  and  Well-beloved  Counfellor,  we 

greet  you  well, 
TheKJngrefufesTnrrZi  wonder  both  at  the  Form  and  Matter  of  that 

<° let  th«  Earl  of  *'     inclofed  Paper  ye  fent  us,  (in  the  Na?ne  of  both 

Warwick  com-    ,.,.     ,         J       ,.   *      }   /  '  \.   ,  -LLf 

mand  theFket:  tfufjet  of  Parliament,  tn  yours  of  the  twenty-eighth  of 

March)  //  being  neither  by  way  of  Petition^  Declara- 


ENGLAND, 


415 


tion,  or  Letter  ;  and,  for  the  Matter,  we  believe  it  An.  18.  Car.  l'f 
is  the  firjl  Time  that  the  Houfes  of  Parliament  have 
taken  upon  them  the  Nomination  or  Recommendation 
of  the  chief  Sea  Commander  ;  but  it  adds  to  the  Won- 
der, that  Sir  John  Pennington,  being  already  ap- 
pointed by  us  for  that  Service,  upon  the  Recommen- 
dation of  our  Admiral,  which  is  fo  ivell  known  that 
none  can  be  ignorant  of  it,  and  no  Fault  fo  much  as 
alledged  againji  him,  another  jhould  be  recommended  to 
us  ;  therefore  our  Refolution  upon  this  Point  is,  That 
we  will  not  alter  him  whom  we  have  already  appointed 
to  command  this  Year's  Fleet,  whofe  every  way  Suffi- 
ciency is  fo  univerfally  known  ;  the  which  we  are  con- 
fident our  Admiral,  if  there  /hall  be  Occajion,  will 
make  niojl  evident  ;  again/}  whofe  Teftimony  we  fup- 
pofe  our  Parliament  will  not  except.  And  tho'  there 
were  yet  none  appointed,  or  the  f  aid  Sir  John,  thro* 
fome  Accident,  not  able  to  perform  the  Service,  yet 
the  Men  of  that  ProfeJJion  are  fo  well  known  unto 
us,  befides  many  other  Reafons,  that,  our  Admiral  ex- 
cepted  becaufe  of  his  Place,  Recommendations  of  that 
Kind  would  not  be  acceptable  to  us  r. 

Given  at  our  Court  at  York,  the  laft  of  Marchy 
1642. 

The  firft  Thing  the  Lords  did,  after  reading  this 
MefTage,  was  to  order  it  to  be  communicated  to 
the  Commons;  the  Earl  of  Warvjick  was  next  de- 
iired  to  be  prefent  in  Parliament,  as  a  Peer  of  this 
Realm,  on  Monday  the  fourth  of  April  next.  Soon 
after  a  MefTage  was  brought  from  the  Lower  Houfe, 
by  Sir  Henry  Fane,  jun.  to  defire  their  Lordfhips 
to  join  with  the  Commons,  to  require  the  Earl  of 
Northumberland,  Lord-  Admiral,  to  depute  the  Earl 
of  Warwick  to  command  this  Summer's  Fleet  in 
Chief  ;  and  that  they  would  enjoin  the  faid  Earl 
forthwith  to  undertake  the  Charge,  and  put  to  Sea 
immediately  ;  but  this  was  deferred  to  be  confidered 
of  on  the  Monday  next,  to  which  Day  they  adjourn- 
ed. And  then, 

April 

r  Sir  Jehu  Pennington  had  the  Command  of  the  Fleet  fent  to 
Rocbelle,  Anno  1625. 


416     Tk?  Parliamentary  Hi  s  T  OR  Y 

April  4.  The  foregoing  Affair  was  taken  into 
Consideration,  and,  after  fome  Debate,  it  was  re- 
folved,  on  the  Queftion,  That  the  Lord-Admiral 
fhould  depute  the  Earl  of  Warwick  as  chief  Com- 
mander of  the  Fleet,  &c .  the  following  Lords  en- 
tering their  Names  as  a  Proteir,  againfr.  it : 
Marquis  ^HERTFORD,    Lord  MOWBRAY, 
J&ertofRATft,  Lord  WENTWORTH, 

Earl  of  DEVON,  Z.o/-^HowARDdeCharl- 

Earl  of  M  o  N  M  ou  T  H  ,  to  n , 

Earl  of  BERKSHIRE,        ZO^SAVILE, 
Earl  of  CLEVELAND,       Lord  SEYMOUR, 
Earl  of  DOVER, 

But  he  is  required     After  this  the  Lord-Admiral  declared  his  Con- 
to  do  it  by  the  fent  to  the  Defire  of  both  Houfes  to  appoint  the  Earl 
Parliament.       of  f^arw^.  becaufe,  he  faid,  it  would  be  for  the 
Safety  of  his  Majefty  and  the  whole  Kingdom  ; 
and  the  Earl  readily  fubmitted  to  undertake  the 
Command.     Then  it  was  refolved  that  fomething 
fhould  be  drawn  up  for  their  Indemnity,  and  a 
Committee  was  appointed  accordingly. 

Next,  Mr.  Benyon  delivered  in  his  Anfwer  to  the 
Mr.  Benyon't    Impeachment  of  the  Commons,  of  the  31  ft  of 

Anfwer    to  his      ,  Tr     .      .  .  rr-     r\       •    I      r •  v        •  r 

Impeachment.  March,  importing,  riis  JJemal  or  having  preferred 
the  Petition  there  mentioned,  with  any  Intent  to 
crofs  or  hinder  the  Ordinance  of  Parliament  con- 
cerning the  City  Militia  ;  or  much  lefs  to  fet  Di- 
vifion  between  the  Parliament  and  the  City,  £5>. 
He  own'd  that  he  and  one  Robert  Gardiner,  Mer- 
chant, did  draw  the  faid  Petition,  and  that  divers 
Citizens  did  fubfcribe  the  fame;  but  denied  that  it 
•  was  wickedly  or  malicioufly  contrived  ;  or  that  he, 
by  falfe  and  finifter  Perfuafions,  did  go  about  to 
procure  any  Citizen  to  fubfcribe,  contrary  to  their 
own  Intention  and  true  Meaning.  That  he,  be- 
ing a  Freeman  and  Citizen  of  Londo")  had  tar.en 
an  Oath  to  de-fend  and  maintain  the  Franchifes  and 
Cuitoms  of  the  fame;  and',  for  abo.e  30  Ye<..s, 
had  obferv'd  that  the  making  and  allowing  of  Cap- 
tains, and  ordering  of  the  Train'd  Bands  and  Arms 

within 


Of     ENGLAND.       417 

within  the  faid  City,  were,  from  Time  to  Time,  An.  18.  Car.  I. 
dirc&ed  and  difpofed  by  the  Lord  Mayor  and  Al-  l64*. 
dermen,  and  done  by  Warrant  of  the  Lord  Mayor  *""" "~**"'*~t 
for  the  Time  being,  and  not  otherwife.  There- 
tore  this  Defendant,  conceiving  himfelf  bound  by 
the  faid  Oath,  and  not  upon  any  wicked  or  mali- 
cious Principles,  did  draw  the  faid  Petition,  which 
he  afterwards  laid  before  learned  Counfel,  by  whom, 
the  fame  was  approved,  &c.  That  as  to  the  Words 
charged  in  the  Impeachment,  to  be  fpoken  by  him 
againft  the  Parliament  and  their  Privileges,  he  deni- 
ed them ;  and  faid,  that  he  never  fpoke  any  other 
Words  than  fuch  as  were  lawful  and  neceflary  to  be 
ufed  in  profecuting  the  Petitions,  which  had  been 
fome  Time  before  preferred  to  Parliament,  touch- 
ing the  granting  of  Protections,  (5"c.  and  on  which 
a  Bill  was  then  depending  in  the  Upper  Houfe.  He 
denied,  alfo,  the  W\?rds  charged  on  him  for  hinder- 
ing the  Loan  of  Money  for  the  Public  Ufe,  and  all 
other  Circumftances  relative  thereto. 

This  Anfwer  being  (read,  the  Lords  ordered  the 
further  Hearing  of  this  Caufe  to  be  at  the  Bar  of 
their  Houfe,  on  Wednefday  Moming  next,  being  the 
6th  Inft. 

April  5.  The  Declaration  brought  up  from  the  Debate  on  the 
Houfe  of  Commons  by  Mr.  Pymme,  and  reported  foregoing  Deck- 
by  the  Lord  Roberts  on  the  firft  of  this  Month,  con-  gl'ievanceT 
taining  a  Collection  of  Evils  and  Grievances  in  the 
Government,  with  the  Remedies  propofed  for  the 
Cure  of  them,  was  this  Day  read  before  the  Lords : 
When  a  Debate  arofe  upon  the  firft  Article  of  the 
Remedies,  which  was,  '  To  remove  every  Privy 
Counfellor  and  great  Officer  of  State,  (except  Of- 
fices by  Inheritance)  that  was  not  approved  on  by 
Parliament;  and  to  debar  the  King  from  taking 
any  other,  for  the  future,  without  their  Approba- 
tion, &c: 

A  Motion  being  made,  and  the  Queftion  put, 
That  this  Houfe  fhall  join  with  the  Commons 
in  petitioning  the  King  to  give  his  Royal  Aflent  to 
this  Article,  as  one  of  the  Remedies  to  cure  the 

VOL.  X.  D  d  Di- 


4i 8     The  Parliamentary  HISTORY 

An.  iS.  Car.  I  Diftra&ions  and  Evils  of  the  Times,  it  pafTed  in 
1642.        the  Affirmative ;  but  the  following  Lords  enter'd 
*— — < — J    their  Names  as  a  Diflent  againft  it : 
Apl1 '        Marquis  of  HERTFORD,    Lord  MOUBRAY, 
Earl  C/BATH,  Lord  STRANGE, 

Earl  of  DEVON,  Lord  GREY, 

Earl  0/~MoNMouTH,       Lord  WENTWORTH, 
Earl  of  BERKSHIRE,        Z,«r^HowARDdcCharl- 
Earl   of  WESTMORE-        ton, 

LAND,  Lard  SAVILE, 

Earl  of  CLEVELAND,       Lord  COVENTRY, 
Earl  of  DOVER,  Lord  CAP  EL  , 

Earl  of  PORTLAND,         Lord  SEYMOUR, 

Proceeiin"s  in        April  6.  This  Day  the  Lords  proceeded  in  the 

the  Trial  of  Mr.  Trial  of  George  Banyan^  and  the  Committee  of  the 

Benyon.  Houfe  of  Commons  being  come  up,  he  was  brought 

to  the  Bar  as  a  Delinquent;  when  Mr.  Serjeant 

TVylde  defired  that  the  Impeachment  againft  the  faid 

Benson  might  be  a^ain  read ;  after  which  Mr.Glynne 

opened  Part  of  his  Charge,  which  he  made  to  con- 

lifl  of  two  Articles. 

1 .  '  George  Benyon' s  malicioufly  contriving,  fub- 

*  fcribing,  procuring,  and  getting  Hands  to  a  falfe, 
'  dangerous, and  feditious Petition, containing  there- 

*  in  divers  falfe,  fcandalous,  and  feditious  Matters. 

2.  *  For  fpeaking  divers  falfe  and   fcandalous 
'  Speeches  in  Derogation  of  the  Privilege  of  Par- 

*  1  iament.' 

To  prove  the  firft,  thefe  Witnefles  were  produ- 
ced, and  depofed  as  follows  : 

Henry  Mofs,  Scrivener,  faid,  '  That  Mr.  Robert 
Gardiner  brought  the  Petition  to  his  Shop  to  be  fub- 
icribed,  and  George  Benyon  brought  many  Perfons 
along  with  him  to  fubfcribe  the  fame.  That  he 
appeared  in  it  more  than  any  other,  coming  four  or 
jive  Times  a  Day,  to  inquire  how  the  Subfcrip- 
tion  went  forward.  He  further  faid,  That  he  fub- 
fcribed  the  faid  Petition  himfelf,  becaufc  he  heard 
George  Renyon  fay  that  it  was  approved  of  by  Coun- 
fel.  And  he  afking  Benyon  if  it  was  not  too  late  to 
prefent  the  faid  Petition  to  Parliament,  now  that 

the 


Of    E  N  G  L  A  N  D.     419 

the  Ordinance  for  the  Militia  was  fettled,  he  an-A«-  »8.  Car.  I, 
fwered,  It  was  not.' 

Edmund  Harvey  faid,  l  He  went  with  Mr.  Benyon  **~j^rf[' 
to  fee  the  faid  Petition,  at  Mofs's  Shop ;  and,  after 
he  had  read  it,  he  told  George  Benyon  he  would  not 
fubfcribe  it,  becaufe  it  was  full  of  Untruths  ;  for 
the  Lord  Mayor  hath  no  Power  over  the  Militia, 
becaufe  he  cannot  draw  out  any  of  the  Train'd 
Bands,  on  Sbrove-Tuejday^  without  Authority  from 
the  King;  and  further  he  told  Benyon^  He  heard 
the  Ordinance  for  fettling  the  Militia  was  pafs'd  al- 
ready in  Parliament;  and  therefore  thought  it  would 
come  too  late.  Benyon  anfwered,  That  he  had  ta- 
ken Mr.  Recorder's  Opinion  on  the  Petition,  and 
he  thought  it  right;  and  faid,  It  would  not  come 
too  late.' 

Symon  Edmonds  and  John  Offley  depofed  much 
to  the  fame  Purpofe  with  the  former ;  and  for  the 
Words,  there  was  only  Robert  Stevens  produced  to 
prove  them. 

After  this  Mr.  Glynne  obferved,  *  That  the 
Time  when  the  Ordinance  for  the  Militia  palled  in 
Parliament,  was  the  ninth  of  February  Izft,  and  the 
Difcourfe  concerning  this  Petition  was  on  the  nine- 
teenth. That  the  Time  when  George  Benyon  pre- 
fented  this  feditious  Petition  was,  when  both  Houfes  • 
had  declared  that  the  Kingdom  was  in  imminent 
Danger.  The  Confequence  of  this  ill  Example 
was,  That  other  Counties  had  taken  the  fame  Bold- 
nefs  to  contrive  Petitions  of  this  Nature ;  and  the 
King's  Anfwer,  of  February  the  twenty-eighth  laft, 
had  fucceeded  it.  For  thefe  greatCrimes  and  Mif- 
demeanors  the  Committee  defired,  in  the  Behalf  of 
the  Houfe  of  Commons,  that  their  Lordfhips  would 
give  fome  fevere  Judgment  againft  the  faid  George 
Benyon.' 

Mr.  Benyon  then  made  it  his  humble  Defire,That 
he  might  anfwer  by  his  Counfel ;  and  that  the  fame 
Witnefles,  which  were  produced  now  againft  him, 
might  be  prefent  when  his  Defence  was  made;  and 
he  to  have  Liberty  to  crofs- examine  them;  which 
D  d  2  was 


420     *Tbe  Parliamentary  HISTORY 

An,  18,  Car.  I,  was  ^ranted,  and  ordered  that  this  Caufe  be  further 
proceeded  in  at  Three  this  Afternoon. 

Pojl  Merid.  The  King's  Commiffion  was  read, 
in  Form,  for  pafiing  a  Bill  To  explain  the  Acl  for 
the  effectual  reducing  of  the  Irifh  Rebellion. 

The  Houfe  of  Commons  fent  up  a  Meflage  to 
inform  the  Lords,  That  Sir  Edward  Dcr  ing,  being 
committed  to  the  Cuftody  of  the  Serjeant,  had 
made  his  Efcape  :  They  therefore  defired  that 
fome  fpeedy  Courfe  might  be  taken  to  flop  him  at 
the  Ports  and  bring  him  back  ;  which  the  Lords 
ordered  accordingly.  They  then  proceeded  in  Mr. 
Benyori's  Caufe  ;  when  divers  Witnefles  were  pro- 
duced to  (hew,  That  there  was  nothing  of  Sedi- 
tion nor  Malice  in  Mr.  Benjon,  in  the  Manage- 
ment of  the  Petition,  as  is  charged;  but  that,  by 
the  Command  of  the  Lord  Mayor,  he  advifed  with 
the  Recorder  about  it,  who  approved  of  it  both  for 
the  legal  and  cuftomary  Part.  He  likewife  (hewed, 
That  the  Practice  had  been  for  the  Lord  Mayor  of 
London  to  make  Choice  of  the  Train'd  Bands  be- 
longing to  the  City. 

To  tKe  fecond  Part  of  his  Charge,  concerning 
fcandalous  Words,  he  proved,  by  four  other  Wit- 
nefies,  That  he  fpoke  no  fuch  Words  as  were 
charged  againft  him. 

April*].  This  Day  the  Lords  took  info  ferious 
Confideration  the  Impeachment  of  the  Commons 
againft  George  Bcnyon,  and  likewife  his  Anfwer  and 
Defence;  and,  after  feveral  Queftions,  at  laft  re- 
folved  on  the  following  Sentence  againft  him  : 
The  Sentence          I.  That  the  foid  George  Benyon,  for  the.  fir  ft 
a£»inft  him .       Offence  charged,  ( the  j'econd  for  Words  being  drop' a1) 
Jhall  be  disfranchised  the  City  of  London. 

2.  That  he  jb  all  for  ever,  hereafter,  be  incapable 
of  bearing  any  Place,  or  Office  in  the  Commonwealth. 

3.  That  he  Jhall  be  fined  3000!.  to  the  King. 

4.  That  he  fljall  be  iinprifoned  in  the  Cajtts  of  Col- 

^"  two  1  'sars ;  and,  after  that  Tims,  to  find 

fuch 


Of    ENGLAND.      421 

fuck  Sureties  for  bis  Behaviour  as  this  Houfe  foal! An.  18.  Car.  I. 
think  fit.  * 

All  which  Sentence,  in  the  Prefence  of  the  Com- 
mons,  was  pronounced  againft  him. 

The  fame  Day,  alfo,  the  Commons  fent  up  an 
Impeachment  againil  Sir  William  IVilmer^  Knight, 
then  High  Sheriff  of  the  County  of  Northampton^ 
for  high  Crimes  and  Mifdemeanors,  for  breaking 
the  Privileges  of  Parliament,  and  for  endeavouring 
to  difturb  the  Peace  of  the  Kingdom  by  feditious 
"Words  and  Actions. 

The  principal  Complaint  againft  this  Gentleman 
was,  for  publiming,  by  Virtue  of  his  Majefty's 
Warrant,  a  printed  Book,  intided,  Several  Peti- 
tions and  Mcjfoges  of  Parliament ',  concerning  the  Mi-  . 
litia  of  the  Kingdom^  with  his  Majejly's  Anfwers 
thereto^  and  granting  a  Warrant  of  his  own  to  en- 
force it.  All  which  the  faid  Gentleman  had  con- 
fefled  ;  but  the  farther  Confederation  of  this  Affair 
was  deferred  to  another  Time. 

April  8.  The  Commons  fent  up,  inter  alia,  an 
Order  concerning  reforming  fome  Innovations  iri 
the  Church,  to  which  they  defired  their  Lordfhips 
Concurrence.  The  Order  was  to  this  P^ffe£t : 

'  That  the  Lords  andCommons  did  dcclare,ThatOrder concerning 
they  intended  a  due  and  neceftary  Reformation  ofa  further  Refor- 
the  Government  and  Liturgy  of  the  Church,  ttd  J^jJ*  the 
to  take  away  nothing,  in  the  one  or  the  other,  but 
what  {ball  be  evil  and  juftly  offenfive,  or,  .at  leaft, 
unneceflary  and  burdenfome ;  and  for  the  better  ef- 
fecting thereof,  fpeedily  to  have  Confultation  with 
godiy  and  learned  Divines.     Likevvife  to  eftablifh 
learned,  preaching  Minifters,  with  good  and  fuffici- 
ent  Maintenance,  throughout  the  Kingdom,  &c.' 
Agreed  to,  and  afterwards  ordered  to  be  printed. 

A  Conference  was  held  this  Day  between  the 

two  Houfes,  the  Report  of  which  was,  '  That  the 

D  d  3  Com- 

r  a  Lord  Clarendon  fays,  That  the  Reafons  of  Mr.  Benyon's  being 
committed  to  Cokhcftcr  Coal  was,  Becaufe  his  Reputation  was  io 
great  in  Lcndin,  that  they  would  not  truft  him  in  a  City  Prifon. 


422     The  Parliamentary  HISTORY 

An.  18.  Car.  I.  Commons  did  not  fee  any  Reafon  to  alter  their  Re  - 
Solution  for  removing  the  Arms  and  Ammunition 
from  Hull  to  London ;  it  being  fo  far  remote,  and 
the  King  at  fuch  a  Diftance,  it  would  retard  the 

211^"6^    tO    fend  tO  1}im»    and  Delay  WOuld   Pr°VC 

the  Garrifon  of  very  prejudicial  to  fo  important  a  Bufmefs  as  requi- 
re(j  Hafte  :  The  Kingdom  was  at  that  Time  in  im- 
minent Danger,  and  the  North  Part  of  it  they  con- 
ceive to  be  in  the  moft :  That  it  was  a  great  Charge 
to  keep  a  Garrifon  of  900  Men  in  that  Town;  and 
it'would  be  fruitlefs  to  fend  to  his  Majefty  about  it, 
as  they  conceive,  having  had  fo  many  Denials  of 
late  of  their  juft  Demands.' 

The  Lords  enter'd  into  a  Debate  on  this  Mef- 
fage,  and  it  was  refolved,  upon  the  Queftion,  to 
adhere  to  their  former  Vote  concerning  Hull; 
which  was,  not  to  remove  the  Magazine  there 
without  the  King's  Confent. 

April 9.  This  Refolution  being  communicated  to 
the  Lower  Houfe,  they  defired,  the  next  Day,  an- 
other Conference  on  this  Subject ;  in  the  mean 
while  the  Lords  appointed  a  Committee  to  draw 
up  fome  Reafons  to  offer  to  the  Commons,  for 
their  Refufal  to  join  with  them  in  this  laft  Affair ; 
which  were  to  this  Purpofe  : 

6  That  as  it  had  ever  been  the  Courfe  which,  in 
Cafes  of  like  Nature,  the  Houfes  have  formerly 
ufed,  the  Lords  do  conceive  it  convenient  to  obferve 
the  fame  in  this  Particular  ;  becaufe  they  find  there 
is  that  Malignity  in  the  Counfcls  and  Endeavours 
of  many  ill-affected  Perfons,  that  they  feek  and 
wait  for  nothing  more  than  Occafion  to  afperfethe 
Proceedings  of  Parliament  •,  which  evil  and  danger- 
ous Practice  will,  by  this  Way,  be  beft  prevented.' 

Thefe  Reafons  being  made  known  to  the  Com- 
mons, they,  at  laft,  agreed  to  join  with  the  Lords 
in  an  humble  Petition  to  the  King,  to  remove  the 
Magazine  from  Hull;  which  was  done  accordingly. 
But,  at  the  fame  Time,  they  annexed  to  it  another 
Petition,  That  the  fix  Popifh  Priefts,  who  had  now 
Jain  long  under  Condemnation,  might  be  executed . 

Mr. 


Of    E  N  G  L  A  N  D.      423 

Mr.   Lenthall,    the   Speaker  of  the    Houfe  of  An.  18.  Car.  I. 
Commons,  having  complained  to  that  Houfe,  that        l642' 
his  ftricl  and  long  Attendance  on  them  had  very    *—^J~""/ 
much  hurt  him,  both  in  hisJk>dy  andEftate,  6ooo/. 
were  this  Day  voted  as  a  voluntary  Gift  to  him  ;  A  Prcfent  of 
which,  tho',  they  faid,  it  was  but  a  fmall  Recom-6oooJ.  to  the 
pence  to  him,  yet,  hereafter,  they  would  be  ready  sPea^er« 
to  exprefs  a  further  Thankfulr,c!3.     Hereupon  the 
Speaker  rofe  up,  and  returned  his  Thanks  to  the 
Houfe  ;  afluring  them  that  as  he  had  hitherto  done, 
fo  he  would  continue  to  ferve  them  to  the  beft  of 
his  Abilities. 

April  ii.  The  Lord-Keeper  delivered  a  Letter, 
directed  to  himfelf,  from  the  King,  and  another  in- 
clofed  fo  the  Lords  ;  the  latter  of  which  was  in- 
ftantly  read  in  h&c  Verla : 

TLJIS  Maiejiy,  being  grieved  at  the  very  Soul  for  The  King's  Pro- 
•LJ-  the  Calamities  of  his  good  Subjects  of  Ireland,  P°f*JJJ  s^0 
and  being  moft  tenderly  fenfsble  of  thefalfe  and  f can-  prea"the  ^ebel- 
dalous  Reports  dtfpcrjed  among/?  the  People^  concern-  lion  ther?. 
ing  the  Rebellion  there  ;  which  not  only  wounds  his 
Majejly  in  Honour,  but  likewife  greatly  retards  the 
reducing  of  that  unhappy  Kingdom ,  and  multiplies  the 
Dijlrattions  at  home,  by  weakening  the  mutual  Con- 
fidence between  him  and  his  People  ;  o::t  of  his  pious 
Zeal  to  the  Honour  of  Almighty  God,  in  ejlablijhing 
the  true  Protejlant  PrcfeJJion  in  that  Kingdom^  and 
his  Princely  Care  for  the  Good  of  all  his  Dominions^ 
hath  firmly  refohed,  ivith  all  convenient  Speed,  to  go 
into  Ireland,  to  chajlife  thofe  wicked  and  deteflable 
Rebels ;   (odious  to  God  and  all  good  Men  )  thereby  fa 
to  fettle  the  Peace  of  that  Kingdom,  and  the  Security 
of  this,  that  the  very  Name  of  Fears  and  Jealoujies 
may  be  no  more  beard  of  among/I  us. 

As  his  MajeJJy  doubts  not  but  that  his  Parliament 
will  chearfully  give  all  pojfible  AJJijtance  to  this  good 
Work ;  Jo  be.  requires  them,  and  all  his  loving  SubjecJs, 
to  believe  that  he  Jhall,  upon  theft  Csnfederatisns,  as 
earneJJjy  purftce  this  Dejlvn,  not  declining  any  Ha- 
zard of  his  Pfrfen  in  performing  that  Duty  which  he 

owstb 


424     Ihe  Parliamentary  HISTORY 

An.  iS.  Car.  i.oweth  to  the  Defence  of  God's  true  Religion,  and  his 

1 642 .        diftrejfed  Subjeffs  )  as  for  thefe  and  only  tbefe  Ends  he 

^— -V-— '     undertakes  it ;  to  the  Sincerity  of  which  Profejfion  he 

'ApnJ'        calls  God  to  ivitnefs;  with  this  farther  AJJiirancc, 

That  his  Majefty  ivlllnev er  confent,  upon  any  Pretence 

whatfoever,  to  a  Toleration  of  the  Popifi)  Profeffion 

there,  or  the  Abolition  of  the  Lazvs  now  in  Force 

again/I  Popiflj  Recufants  in  that  Kingdom. 

His  Majefty  bath  further  thought  fit  to  advertife 
his  Parliament^  that,  towards  this  Work,  be  intends 
to  raife  forthwith ,  by  his  Commijfions,  in  the  Counties 
near  Weft-Cheftcr,  a  Guard  for  his  own  Perj'on, 
(when  he  Jhall  come  into  Ireland)  confijling  of  2OOO 
Foot  and  200  Horfe,  which  foallbe  arm  d  at  Weft- 
Chefter 'from  his  Magazine  at  Hull :  At  which  Time 
all  the  Officers  and  Soldiers  JJjall  take  the  Oaths  of 
Supremacy  and  Allegiance.  The  Charge  of  raifaig 
and  paying  whereof  his  Majefty  de fires  his  Parliament 
to  add  to  their  former  Undertakings  for  that  War, 
•which  his  Majefty  will  well  accept  j  but  if  their 
Pay  be  found  too  great  a  Burden  to  his  good  Subjects, 
his  Majefty  will  be  willing,  by  the  Advice  of  his  Par- 
liament, to  fell  or  pawn  any  of  his  Parks,  Lands,  or 
Houfes  towards  the  Supplies  for  the  Service  of  Ire- 
land :  With  the  Addition  of  thefe  Levies  to  the  for- 
?ner  0/"Englifh  and  Scots  agreed  upon  in  Parliament^ 
he  hopes  fo  to  appear  in  this  Action,  that,  by  the  Af- 
fijlance  of  Almighty  God,  in  ajkort  Time  that  King- 
dom may  be  wholly  reduced,  and  reftored  to  Peace  and 
fame  Meafure  of  Happinefs  ;  whereby  he  may  chear- 
fully  return  to  be  welcomed  home  with  the  Jljfcftions 
and  BleJJings  of  all  his  good  Englifh  People. 

Toward  this  good  Work,  as  his  Majefty  hath  lately 
made  Difpatches  unto  Scotland,  to  quicken  the  Levies 
therefor  Ulfter  ;  fo  he  heartily  wifoes  that  his  Par- 
liament here  would  give  all  pojfible  Expedition  to  thofc 
which  they  have  refolved  for  Munfter  tfWConaught ; 
and  hopes  the  Encouragement  which  the  Adventurers 
(ofwhofe  Intereft  his  Majefty  will  always  be  very  care- 
ful) ivill  hereby  receive,  (as  likewife  by  the  late  fign- 
ing  of  a  Commijfion  for  the  Affairs  of  Ireland,  to 
fuchPerfons  as  were  recommended  to  him  by  both  Houfes 


Of    E  N  G  L  A  N  D.       425 

of  Parliament)  will  raife  full  Sums  of  Money  for  An.  18.  Car.  I. 
the  doing  thereof.  l64*- 

His  Majefty  hath  been  likewife  pleafed  (out  of  Us  v— "v— *-* 
earnejl  Defer e  to  remove  all  Occafeons,  which  do  un- 
happily multiply  Mi funder (landings  between  him  and 
his  'Parliament)  to  prepare  a  Bill  to  be  offered  to  them 
by  his  Attorney  concerning  the  Militia  ;  whereby ,  he 
hopes,  the  Peace  and  Safety  of  this  Kingdom  may  be 
fully  fecv.red,  to  the  general  Satisfaction  of  all  Men , 
without  Flotation  ofbisMajeJlysjujl  Rights,  orPre- 
judice  to  the  Liberty  of  the  Subject.  If  this  Jhall  be 
thankfully  received,  he  is  glad  of  it ;  if  refufed,  he 
tails  God  and  all  the  World  to  judge  on  whofe  Part 
the  Default  is.  One  Thing  his  Mc.jejly  requires,  if 
this  Bill  be  approved  of,  that  if  any  Corporation  Jhall 
make  their  lawful  Rights  appear,  they  may  be  re~ 
ferved  unto  them. 

Before  his  Majefty  Jball  part  from  England,  he 
will  take  all  due  Care  to  intruji  fuch  Perfons  with 
Juch  Authority  in  his  Abfence,  as  he  foall  find  to  be 
requijite  for  the  Peace  and  Safety  of  this  Kingdom, 
and  the  happy  Progrefs  of  this  Parliament. 

This  MefTage  from  the  -King  was  communicated 
to  the  Commons  at  a  Conference  this  Day  ;  and, 
foon  after,  that  Houfe  fent  up  Word  to  the  Lords, 
That  they  had  taken  the  Mefiage  into  Confidera- 
tion ;  and,  judging  of  it  with  their  Lordfhips,  that 
it  was  a  Matter  of  great  Importance,  they  agreed 
with  them  that  it  required  Time  to.anfwer  it.  On 
which  the  Lords  adjourned  till  the  next  Day  at 
Two  o'Clock, 

April  12.  The  Earl  of  E/ex,  Lord-Chamber- 
lain of  the  King's  Houfhold,  acquainted  the  Houfe, 
That  having  formerly  received  a  MeiTage  from  his 
Majefty,  to  give  his  Attendance  upon  him  at  York, 
their  Lordfliips  thought  fit  to  command  him  to  at- 
tend the  great  Affairs  then  depending  in  this  Houfe. 
Since  which  his  Lordmip  had  receiv'tl  another  Let- 
ter fro.m  the  King,  either  to  attend  him  at  York,  or 
clfe  to  deliver  the  Enfigns  of  his  Office  to  the  Lord 


426     The  Parliamentary  HISTORY 

An.iS.  Car.  I.  Folk  land,  which  his  Lordmip  thought  it  his  Duty 
l64z-        to  lay  before  the  Houfe.     The  Letter  was  read  in 
^™»    thcfe  Words: 

Right  Trufty   and  Well-beloved  Coufm   and 

Counfellor,  we  greet  you  well, 

The  King  re-  "YTTTE  are  fo  much  unfatisfied  with  the  Excufe  you 
quires  the  Earl  V  V  made  for  not  obeying  our  Command,  for  your 
him  at*  York t  or  Attendance  on  us  here,  according  to  the  Duty  of  your 
to  quit  his  Office,  Place  in  our  Houjhold,  that  we  thought  good,  by  thefe 
our  Letters,  to  fecond  our  former  Command -t  and  that 
you  may  be  the  more  inexcitfable,  we  have  accompanied 
our  faid  Command  with  our  Licence  and  Difpenfation 
inclofed  for  your  Abfencefrcm  Parliament,  willing  and 
commanding  you,  all  Delays  and  Excuses  fet  apart, 
to  attend  us  here  before  the  eighteenth  of  this  Month, 
when  we  have  appointed  to  keep  St.  George'*  Feaft. 
Or,  in  cafe  you  Jhall  perfift  in  your  Difobedience,  we 
then  require  and  command  you  to  deliver  up  into  the 
Hands  of  the  Lord  Falkland,  one  of  our  Principal 
Secretaries  of  State,  for  our  Ufe,  the  Enfigns  of  your 
Office ;  which,  when  we  lajl  parted  from  Wh  itehal  1 , 
you  offered  to  refign  to  us,  rather  than  you  would,  at 
that  Time,  as  we  commanded  you,  wait  on  us  fo  far 
as  Hampton-Court ;  but  we  did  then,  of  our  Grace 
and  Favour,  ^uiJh  you  to  confider  of  it,  in  hopes  you 
would,  upon  further  Confederation,  not  have  feconded 
that  Difobedience. 

Given  at  our  Court  at  York,  April  the  ninth, 
1642. 

And  the  Earl  of  The  Earl  of  Holland  next  acquainted  the  Houfe, 
Holland  tih.  That  the  King  had  fent  him  another  Letter,  to 
the  fame  Purport  as  the  former,  either  to  attend  his 
Majefty  at  York,  as  Groom  of  the  Stole,  or  elfe  to 
refign  up  the  Enfigns  of  his  Place  to  the  Lord 
Falkland. 

The  two  Earls  then  made  a  Narrative  of  the 
whole  Bufmefs  concerning  their  taking  Leave  of  his 
Majefty  at  Whitehall,  the  Day  he  went  to  Hampton- 
Court  ;  and  how  they  were  commanded  by  the 
Committee,  who  then  fat  at  Grocers-Hall,  in  Lon- 
don, 


Of   ENGLAND.     427 

don,  about  the  great  Bufinefs  of  the  Kingdom,  to  An.  iS.  Car.  L 
attend  that  Committee  P.     They  then  defireu  to    ^_*  *_  j 
know,  Whether  the  Houfe  would  give  them  Leave       Aprii< 
to  attend  his  Majefty  at  York,  or  not  ? 

The  Lords  went  into  a  Debate  on  this  Matter;  The  Lords  refafe 
and,  afterwards,  refolv'd  to  command  the  two  Earls to  let  them  6°- 
Attendance  on  this  Houfe,  on  the  great  and  urgent 
Affairs  now  depending  in  Parliament,  notwith- 
ftanding  his  Majefty's  Letters  and  Difpenfations ; 
and  they,  obeying  this  Order,  went  forth  and  de- 
livered up  the  Enligns  of  their  Places  to  the  Lord 
Falkland.  The  Lord -Keeper  Littleton  was,  firft, 
appointed  by  the  King  for  the  ungrateful  Office  of 
demanding  their  Refignations  j  but,  at  his  moft 
earneft  Intreaty,  was  excufed  j  and  fo  it  fell  upon 
the  other  as  Secretary  of  State. 

The  Lords  confidering  this  Bufinefs  to  be  a  Mat- 
ter of  great  Importance,  as  concerning  the  Hdnour 
and  Privilege  of  Parliament ;  and  that  the  Earls  of 
EJ/ex  and  Holland  had  done  nothing  but  what  they 
ought  to  have  done,  in  obeying  the  Commands  of 
the  Houfe,  took  it  into  ferious  Debate,  and  made 
the  following  Refolutions : 

*  Refohed,  on  the  Queftion,  Nem.  Con,  That  the  Refolutions  in 
Attendance  of  the  Earls  of  EJJex  and  Holland,  onconfT'ence 
this  Houfe,  according  to  the  Order  of  this  Houfe,1  e 
is  no  Difobedience  to  the  King's  Command. 

4  Refolved,  &t.  That  the  Removing  of  the  faid 
Earls  from  their  Places  in  Court,  only  becaufe  they 
obeyed  the  Orders  and  Commands  of  this  Houfe, 
in  their  Attendance  here  in  Parliament,  according 
to  his  Majefty's  Writ  of  Summons  to  it,  is  againft 
the  Privileges  of  Parliament. 

4  Refolved,  &c.  That  the  King's  Licence  and 
Difpenfation,  under  his  Privy  Signet  and  Sign  Ma- 
nual, for  any  Lord's  Abfence  from  Parliament, 
when  the  Houfe  fhall  command  him  to  attend, 
cannot  difcharge  his  Attendance  on  the  faid  Houfe. 

'  Refolded,  &c.  That  any  Lords,  difobeying  the 
Commands  of  this  Houfe,  to  give  his  Attendance 

here, 
p  See  before,  p.  210, 


428     The  Parliamentary  HISTORY 

An.  18.  Car.  l-here,  notwithftanding  any  Licence  or  Difpenfation, 
1642.        as  aforefajd^  js  puniihable  by  this  Houfe.' 

-e-7vT*-/  ^"^e  'a^  Refol^011  was  to  nave  a  Conference 
with  the  Houfe  of  Commons,  about  this  Bulinels  j 
and  a  Committee  was  appointed  to  draw  up  Heads 
for  the  fame. 

Lovd  Clarendon  q  wives  a  very  minute  Account  of 
the  King's  Motives  for  this  ill-timed  Refentment 
againft  the  two  Earls  :  Adding,  '  That  if  the  Staff 
had  remained  in  the  Hands  of  the  Earl  of  EJjex^ 
by  which  he  was  charged  with  the  Defence  and 
Security  of  the  King's  Peribn,  he  never  would  have 
been  prevailed  with  to  have  taken  upon  him  the 
Command  of  the  Army,  which  was  afterwards 
raifed  againft  the  King,  and  with  which  fo  many 
Battles  were  fought;  and  that  it  had  been  very  dif- 
ficult, if  not  utterly  impoffible,  for  the  two  Ho.ufes 
of  Parliament  to  have  railed  an  Army  then,  if  the 
Earl  of  EJ/ex  had  not  confented  to  be  General  of 
that  Army.' 

April  13.  The  Lord-Keeper  fignified  to  the 
Lords,  That  the  Attorney-General  had  a  Bill  to 
offer  to  the  Houfe,  by  Command  from  the  King, 
For  fettling  the  Militia  of  the  Kingdom ;  and  deiired 
to  know  to  whom  he  mould  deliver  it.  The  Lords 
ordered  two  Serjeants  at  Law,  then  attending  upon 
the  Houfe,  to  go  to  the  Door,  and  bring  it  in  j 
which  they  did  accordingly. 

The  Houfe  then  took  into  Confideration  the 
King's  laft  Meffage,  about  his  going  into  Ireland, 
and,  after  a  long  and  ferious  Debate,  it  was  re- 
folved,  upon  the  Queftion,  Nem.  Con.  '  That  it  is 
rnoft  dangerous  and  unfafe ;  and  that  this  Houfe 
cannot  confent  unto  his  Majefty's  going  to  Ireland.'' 

And  this  Vote  was  ordered  to  be  communicated 
to  the  Commons,  with  a  Defire  that  they  would  ap- 
point a  Committee  to  join  with  one  from  the  Lords, 
to  take  into  Confideration  this  Vote  and  the  King's 
Meffage,  in  all  Points  except  that  concerning  the 
Militia.  Therc 

q  Hiflory,  Vol.  II,  p.  476. 


Of   E  N  G  L  A  N  D.     429 

There  having  been  hardly  an  Inftance  of  an  una-  An.  18.  Car.  T. 
nimous  Negative  being  put  on  any  Propofal  from  l64-- 
the  King,  in  the  Houfe  of  Lords,  the  Motives  to  it  *— -v— ^ 
on  this  Occafion  may  not  be  improper.  The  Noble  Apn ' 
Hiftorian  before  cited  tells  us,  inter  alia^  That  the 
true  Reafons  which  induced  the  prevailing  Party  to 
take  this  Step  was, c  That,  by  the  King's  going  into 
Ireland,  the  Managing  of  the  War  there  would  be 
taken  out  of  their  Hands;  and  fo,  inftead  of  having 
a  Nurfery  for  Soldiers  of  their  own,  which  they 
might  employ  as  they  faw  Occafion ;  and  a  Power 
of  raifmg  what  Money  they  pleafed  in  this  King- 
dom under  that  Title,  which  they  might  difpofe 
as  they  found  moft  fit  for  their  Affairs ;  the  King 
would,  probably  in  a  fhortTime,  recover  one  entire 
Kingdom  to  his  Obedience,  by  which  he  might  be 
enabled  to  preferve  the  Peace  of  the  other  two. — 
And  that  thofe  who  ufually  oppofed  their  Advice, 
could  not  endure  to  think  of  fraying  in  England^ 
where  the  Power,  at  leaft  for  a  Time,  would  be  in 
them  whofe  Government,  they  knew,  would  be 
terrible  when  his  Majefty  fhould  be  in  Ireland.  r 

April  14.  The  Houfe  of  Commons  fent  up  to 
know  when  their  Lordmips  would  be  ready  to 
give  Judgment  againit  the  Attorney-General.  The 
Lords  anfwered,  They  would  take  that  Bufinefs 
into  Confideration  ;  and,  when  they  had  refolved 
what  Judgment  to  give,  they  would  appoint  a 
Time  for  it. 

April  15.  The  Houfe  of  Lords  was  again  called 
over,  and  it  was  ordered,  That  the  Committee 
appointed  to  confider  of  the  Abfentees,  do  meet  to 
advife  what  Fine  was  fit  to  impofe  upon  thofe  Lords 
who  were  abfent,  and  no  Excufe  made  for  them. 

This  Day  the  Lord-Keeper  reported  the  EffecT: 
of  a  Conference  held  Yefterday,  «  That  the  Com- 
mons did  return  theVotes  they  had  from  theirLord- 
fhips,  concerning  the  Earls  of  EJ/ex  and  Holland, 
agreed  to  by  them,  with  fome  Alterations  and  Ad- 
ditions, 

*  Hifary,   Vol.  II.  p.  493. 


430     The  Parliamentary  HISTORY 

An.  18.  Car.  i.ditions,  to  which  they  defired  their  Lordfliips  Con- 

1642.        currence. 

*-~ ~^~~-J     '    The  moft  material  of  thefe  were,  That  they  had 

Prl "        voted  the  fending  Licences  and  Difpenfations  from 

Additional Refo- the  King,  to  difcharge  the  faid  Earls  from  their 

Iflhe3  Ealh'of  Attendance  on  Parliament,  was  a  high  Breach  of 

Effex  and  Ihl-  Privilege  ;  and  the  Difplacing  of  thofe  Noblemen, 

^w*.  at  this  Time  and  on  this  Occafion,  was  an  Injury 

to  the  Parliament  and  the  whole  Kingdom. 

'  Refohedi  That  what  Perfon  foever  fhall  accept 
of  either  of  thofe  Offices,  thus  taken  away,  untill 
Satisfaction  be  given  to  the  Parliament,  fhall  be 
accounted  to  do  an  ignoble  Acl,  and  to  offer  an 
Affront  to  Parliament;  and  thereby  render  himfelf 
unworthy  of  any  Place  of  Honour  or  Truft  in  the 
Commonwealth. 

c  RefolvediTlnrt.  thefe  Proceedings  are  the  Effect 
of  evil  Counfel,  to  dilcourage  good  Men  from  do- 
ing their  Duty ;  and  tend  to  increafe  the  Divifion 
•between  the  King  and  his  People,  and  to  the  Di- 
fturbance  of  the  Peace  of  the  Kingdom.' 

All  vvhi  ~h  additional  Refolutions.of  the  Com- 
mons were  agreed  to  by  the  Lords. 
.  The  Lord- Keeper  further  reported,  c  That  Mr. 
Pymme  prefented  a  Draught  of  a  Petition  to  be  fent 
to  the  King,  containing  fome  Reafons  againft  his 
going  into  Ireland ;  which  was  read  as  follows : 

May  it  pleafe  your  Majejly^ 

A  Petition  from  e  XTQUR  moft  loyal  and  faithful  Subjefts,  the 
both  Houfes  to  «     Y     Lords  and  Commons  in  Parliament,  have 

the  King,  againft ,      •*•  _  _  -    _,  .    . 

bis  going  to  Ire-    duly  conlidered  the  Meilage  received  from  your 
bad.  (  Majefty,  concerning  your  Purpofe  of  going  into 

'  Ireland,  in  your  own  Perfon,  to  profecute  the 
'  War  there  with  the  Bodies  of  your  Englijh  Sub- 
'  jedts,  levied,  tranfported,  and  maintained  at 
'  their  Charge;  which  you  are  pleafed  to  propound 
'  to  us,  not  as  a  Matter  wherein  your  Majefty  de- 
4  fires  the  Advice  of  your  Parliament,  but  as  already 
'  firmly  refolved  on,  and  forthwith  to  be  put  in 
'  Execution ;  by  granting  out  Commiflions  for 
*  the  levying  of  2000  Foot  and  200  Horfe  for  a 

Guard 


Of    ENGLAND.      431 

«  Guard  for  your  Perfon  when  you  fhall  come  into  An.  i*.  Car.  I. 
'  that  Kingdom :  Herein  we  cannot  chufe  but,  with        1642- 

*  all  Reverence  and  Humility  to  your  Majefty,  ob-    *^ TV7~-' 

*  ferve,  that  you  have  declined  your  great  Council 

*  the  Parliament,  and  varied  from  the  ufual  Courfe 

*  of  your  Royal  Predeceflbrs ;  in  that  a  Bufinefs 
'  of  fo  great  Importance,  concerning  the  Peace 
'  and  Safety  of  your  Subjects,  and  wherein  they 

*  have  a  fpecial  Intereft  by  your  Majefty 's  Promife, 

*  and  by  thofe  great  Sums  which  they  have  dif- 

*  burfed,  and  for  which  they  ftand  engaged,  ihould 
'  be  concluded  and  undertaken  without  their  Ad- 

*  vice :  Whereupon  we  hold  it  our  Duty  to  de- 

*  clare,  That  if,  at  this  Time,  your  Majefty  fhall 
4  go  into  Ireland^  you  will  very  much  endanger 

*  the  Safety  of  your  Royal  Perfon  and  Kingdoms, 
'  and  of  all  other  States  profefling  the  Proteftant 

*  Religion  in  Chriftendom;  and  make  Way  to  that 
'  cruel  and  bloody  Defign  of  the  Papifts,  every 

*  where  to  root  out  and  deftroy  the  Reformed  Re- 
'  ligion;  as  the  Irijh  Papifts  have,  in  a  great  Part, 

*  already  effected  in  that  Kingdom,  and,  in  all 
'  Likelihood,  would  quickly  be  attempted  in  other 

*  Places,  if  the  Confideration  of  the  Strength  and 

*  Union  of  the  two  Nations  of  England  and  Scot- 

*  land  did  not  much  hinder  and  difcourage  the  Ex- 
'  ecution  of  any  fuch  Defign.     And,  that  we  may 

*  manifeft  to  your  Majefty  the  Danger  and  Mifer.y 
'  which  fuch  a  Journey  and  Enterprize  would  pro- 
'  duce,  we  prefent  to  your  Majefty  the  Reafons  of 
'  this  our  humble  Opinion  and  Advice: 

1.  *  Your  Royal  Perfon  will  be  fubject  not  only 

*  to  the  Cafualty  of  War,  but  to  fecret  Practices 
c  and  Confpiracies;  efpecially  your  Majefty  conti- 
'  nuing  your  ProfefTion  to  maintain  the  Proteftant 

*  Religion  in  that  Kingdom,  which  the  Papifts  are 
'  generally  bound  by  their  Vow  to  extirpate. 

2.  c  It  will  exceedingly  encourage  the  Rebels, 

*  who  do  generally  profefs  and  declare  that  your 

*  Majefty  doth  favour  and  allow"  their  Proceedings, 
'  and  that  this  Infurrection  was  undertaken  by  the 
'  Warrant  of  your  Commiflign;  and  it  will  make 

*  good 


432     The  Parliamentary  HISTORY 

An.  18.  Car.  l.<  gOOd  their  Expectation  of  great  Advantage  by 

l642t        «  your  Majefty's  Pre fence,  at  a  Time  of  fo  much 

.ApriL        '  -Diftraciion  in  this  Kingdom,  whereby  they  may 

'  hope  we  mail  be  difabled  to  fupply  the  War  there ; 

'  efpecially  there  appearing  lefs  Neceflity  of  your 

*  Majefty's  Journey  at  this  Time,  by  reafoh  of  the 
'  manifold  Succelfes   which  God  hath   given  us 
'  againft  them. 

3.  *  It  will  nroch  hinder  and  impair  the  Means 
'  whereby  this  War  is  to  be  fupported,  and  increafe 

*  the  Charge  of  it;  and,  in  both  thefe  Refpe&s, 
c  make  it  more  infupportable  to  your  Subjects :  And 
'  this  we  can  confidently  affirm,  becaufe  many  of 
'  the  Adventurers,  who  have  already  fubfcribed,  do, 

*  upon  the  Knowledge  of  your  Majefty's  Intentions, 
'  declare  their  Rcfolutions  not  to  pay  in  their  Mo- 
'  ney ;  and  others,  very  willing  to  have  fubfcribed, 
'  do  now  profefs  the  contrary. 

4.  '  Your  Majefty's  Abfence  muft,  neceflarily, 
'  very  much  interrupt  the  Proceedings  of  Parlia- 
'  ment ;  and  deprive  the  Subject  of  the  Benefit  of 
'  thofe  further  Acts  of  Grace  and  Juftice,  which 

*  they  lhall  humbly  expect  from  your  Majefty,  for 
c  the  eftablifhing  of  a  perfect  Union  and  mutual 
c  Confidence  betwixt  your  Majefty  and  your  People, 

*  and  procuring  and  confirming  the  Profperity  and 
'  Happinefs  of  both. 

'5.  'It  will  exceedingly  increafe  the  Jealoufies 
'  and  Fears  of  your  People,  and  render  their  Doubts 
'  more  probable,  of  forrie  Force  intended  by  fome 
'  evil  Counfels  near  your  Majefty,  in  Oppofition 
'  to  the  Parliament,  and  in  Favour  of  the  malig- 
'  nant  Party  of  the  Kingdom. 

6.  '  It  will  bereave  your  Parliament  of  that  Ad- 

*  vantage,  whereby  they  were  induced  to  undertake 
'  this  War,  upon  your  Majefty's  Promife  that  it 
'  fhould  be  managed  by  their  Advice;  which  can- 
4  not  be  done  if  your  Majefty,  contrary  to  their 
'  Counfels,  fhall  Undertake  to  order  and  govern  it 
'  in  your  own  Perfon. 

*  Upon  which,  and  divers  other  Reafons,  we 
'  have  refolved,  by  the  full  and  concurring  Agree- 

4  ment 


Of    ENGLAND.     433 

*  ment  of  both  Houfes,  that  we  cannot,  with  theAr 
4  Duty  which  belongs  to  us,  confent  to  any  Levies, 

c  or  railing  of  Soldiers  to  be  made  by  your  Majefty, 

*  for  your  intended  Expedition  into  Ireland;  or  to       *  ?"  ' 

*  the  Payment  of  any  Army  of  Soldiers  there,  but 
4  fuch  as  fhaU  be  employ'd  and  govern'd  according 
4  to  our  Advice  and  Direction :  And  if  fuch  Levies 
^  fhall  be  made  by  any  Commiflion  of  your  Maje- 

*  fry,  not  agreed  to  by  both  Houfes  of  Parliament, 
4  wefhall  be  forced  to  interpret  the  fame  to  be  raifed 
'  to  the  Terror  of  your  People,  and  Difturbance 

*  of  the  Public  Peace ;  and  hold  ourfelvcs  bound, 

*  by  the  Laws  of  the  Kingdom,  to  apply  the  Au- 
f  thority  of  Parliament  to  fupprefs  the  fame. 

4  And  we  do  further  moft  humbly  declare,  That 
4  if  your  Majeily  fhall,  by  ill  Counfel,  be  perfuaded 
4  to  go  contrary  to  this  Advice  of  your  Parliament, 
4  which  we  hope  your  Majefty  will  not,  we  do  not, 
4  in  that  Cafe,  hold  ourfelves  bound  to  fubmit  to  any 
4  Commiflioncrs  which  your  Majefty  {hall  chufe; 
4  but  do  refolve  to  prefervc  and  govern  the  King- 
4  dom  by  the  Counfel  and  Advice  of  Parliament, 
4  for  your  Majefty  and  your  Pofterity,  according 
4  to  our  Allegiance  and  the  Law  of  the  Land. 

4  Wherefore  we  moft  humbly  pray  and  advifs 
4  your  Majefty  to  defift  from  this  your  intended 

*  Paflage  into  Ireland,  and  from  all  Preparation  of 
4  Men  and  Arms  tending  thereunto,  and  to  leave 
4  the  Managing  of  that  War  to  your  Parliament, 
4  according  to  your  Majefty's  Promife  made  unto 
4  us,  and  your  Royal  Commiflion  granted  under 
4  your  Great  Seal  of  England,  by  Advice  of  both 
4  Houfes ;  in  Profecution  whereof,  by  God's  Blef- 
4  Ting,  we  have  made  a  profperous  Entrance  by 
4  many  Defeats  of  the  Rebels,  whereby  they  are 
4  much  weakened  and  diftieartened,  and  have  no 
4  probable  Means  of  Subfiftance:  And,  if  ourPro- 
4  ceedings  (hall  not  be  interrupted  by  this  Interpo- 
4  fition  of  your  Majefty's  Journey,  we  may  hope, 
4  upon  good  Grounds,  that  within  a  ftiort  Time, 
4  without  Hazard  of  your  Majefty's  Perfon,  and  fo 
4  much  dangerous  Confufion  to  your  Kingdoms, 

VOL.  X.  E  e  4  which 


434 


HISTORY 


A  rij 


which  muft  needs  cnfue,  if  you  (hould  proceed  in 
this  Reioiution)  we  {hall  be  enabled  fully  to  vin- 
dicate  your  Majefty's  Right  and  Authority  in  that 
Kingdom  ;  punifh  thofe  horrible  and  outrageous 
Cruelties  which  have  been  committed  in  the  mur- 
dering and  (polling  fo  many  of  your  Subjects  ;  and 
bring  that  Realm  to  luch  a  Condition  as  may  be 
much  for  the  Advantage  of  your  Majefty  and  this 
Crown,  the  Honour  of  your  Government,  and 
Contentment  of  your  People  :  For  the  better  and 
more  fpeedy  effecting  whereof,  we  do  again  re- 
new our  humbleDeiires  of  yourReturn  to  y  our  Par- 
liament; and  that  you  will  pleafe  to  reject  ail  Coun- 
fels  and  Apprchenfions  which  may  any  way  derogate 
from  that  Faithfulnefs  and  Allegiance,  which,  in 
Truth  and  Sincerity,  we  have  always  borne  and 
profeiied  to  your  Majeily,  and  lhall  ever  make  good 
to  the  utmofl,  with  our  Lives  and  Fortunes.' 


After  the  reading  of  this  Petition,  the  Lords  re- 

ReiUutbns  oc-  folvcd,  That  they  agreed  with  the  Commons  in  the 

sd  ']"  con/  whole  of  it,  excepting  one  Expreffion,  which  was 

'°  '  in  the  Original,  viz,  And  to  defert  the  Government 

and  Protection  of  your  People^  in  this  Time  of  great 

Danger  find  Necejfities  of  the  Kingdom  ;  which,  upon 

thisRemonftrance,theCommons  thought  fit  to  ex- 

punge. Then  the  faid  Petition  was  order'd  to  be  lent 

to  the  King  at  Tork,  by  the  Earl  of  Stamford^  Sir 

'John  Colepepert  and  Mr.  Anthony  Hunger  ford. 

Another  Resolution  of  the  Commons  was  read 
and  agreed  to  by  the  Lords,  which  was,  That,  in 
refpeci  of  the  great  Fears  and  Diffractions  of  this 
Kingdom,  and  for  the  Security  of  his  Maj  city's  good 
Subjects;  and  in  regard  that  he  has  committed  the 
managing  of  the  War  in  Ireland  to  the  Parliament  ; 
if  any  Man  lhall  endeavour  to  raife  Forces,  for  Ire- 
land t  otherwife,  or  continue  any  Forces  fo  raifed, 
without  Confent  of  both  Houles  of  Parliament,  it 
is  declared,  That  he  is  an  Enemy  to  the  State,  and 
liable  to  the  Cenfure  of  Parliament.'  This  Vote  to 
be  fent  to  all  Sheriffs,  to  fupprels  and  hinder  all  thofe 
th,atfhali  endeavour  to  raife  Forces  contrary  to  it  ; 


Of    ENGLAND,    435 

as,  alfo,  to  Sir  John  Hotham,  at  Hull,  and  to  re- An.  18.  Car.  I. 
quire  him  to  obferve  theOrders  formerly  given  him.        l642' 

April  1 6.    The   Lord- Keeper   acquainted    the 
flouie,  That  he  had  received  a  Letter  from  the 
King,   with  a  Meflage  inciofcd,   which  he  was      ^ 
commanded   to  communicate  to  both  Houfes  of 
Parliament.     It  was  to  this  Effect : 


w- 


rjijoi 

our  Confent,  and  Soldiers  billeted  there  agalnjl  Law 
and  the  cxprefs  fiords  of  the  Petition  of  Right,  than 
ts  be  moved  (for  the  avoiding  of  a  needlefs  Charge  you 
have  put  upon  yourfelves)  to  give  our  Confent  for  the 
Removal  of  cur  Magazine  and  Munition,  (our  own. 
proper  Goods)  upon  fucb  general  Reafons,  as  indeed 
give  no  Satisfaction  to  our  Judgment :  And  fence  you 
have  made  the  Rufmefs  of  Hull  your  Argument,  we 
would  gladly  be  informed,  why  our  own  Inclination, 
on  the  general  Rumour  of  the  Defigm  of  P api/is  in 
tie  Northern  Parts,  was  not  thought  fufficient 
Grounds  for  us  to  put  a  Perjon  of  Honour,  Fortune, 
and  unblemijhed  Reputation,  into  a  'Town  and  Fort 
of  our  own,  where  our  own  Magazine  lay  j  and  yet 
the  jame  Rumour  be  Warrant  enough  for  you  to  com- 
mit the  fame  Town  and  Fort,  without  our  Ccnfent,  to 
the  Hands  of  Sir  John  Hotham,  with  a  Power  un- 
agreeable to  the  Law  of  the  Land,  or  the  Liberty  of 
the  SubjecJ ;  and  yet  of  this,  in  point  of  Right  or 
Privilege,  (for  fur  e  we  are  not  without  Privilege  too) 
we  have  not  all  this  while  complained ;  and  being  con- 
fident that  that  Place  (whatfoever  Difcourfe  there  is 
of  public  or  private  In/lruflions  to  the  contrary  )  /halt 
be  fpeedily  given  up,  if  ive  Jhall  require  it,  we  /ball  be 
contented  to  difpoje  cur  Ammunition  there,  as  we  have 
done  in  other  Places,  for  the  Public  Eafe  and  Bene- 
fit, as,  upon  particular  Advice,  we  /ball  find  conve- 
nient ;  tbo'  we  cannot  think  it  fit,  or  confent,  that  the 
whole  Magazine  be  removed  together ;  but  when  you 
foall  agree  nponfuch  Proportions  as/hall  be  held  necef- 
E  e  2  fairy 


436     'Tbe  Parliamentary  HISTORY 

An.  18.  Cir.  l.fary  for  any  particular  Service,  we  Jhall  f.gn  fuck 
Warrants  us  fnall  be  agreeable  to  Jfffdom  and  Rea- 
fon  :   And  if  any  of  them  be  defigned  far  Ulfter  or 
Lcinfter,  ycu  know  well  the  Conveyance  will  be  mere 
eafy  and  convenient  from  the  Place  they  noiv  are  if!. 
Yet  -we  m:ifl  tell you ,  that  if  the  Fears  are  fc  great 
from  the  Pfipijis  at  home,  or  of  Foreign  Force,  as  is 
pretended^  it  feems  Jlrange  that  you  make  no  Provifan 
of  Arms  and  Munition  for  Defence  of  this  Kingdom* 
rather  than  feek  to  carry  any  more  from  hence,  with- 
out feme  Courfe  taken  fcr  Supply  ;  especially  if  you 
remember  your  Engagement  to  our  Scots  Sttbjt&^for 
that  Proportion  of  Arms  which  is  contained  in  cur 
Treaty,   We  fpeak  not  this,  as  not  thinking  the  fending 
of  Arms  to  Ireland  very  neccffary,  but  only  for  the 
Way  of  the  Provifeon  ;  for  you   know  .  what  great 
Quantities  we  have  ajjignd  out  of  cttr  feveral  Stores, 
which)  in  due  Time,  we  hope  you  will  fee  replenished . 
For  the  Charge  of  looking  to  the  Magazine  at  Hull  ; 
as  it  was  undertaken  voluntarily  by  you  at  fir  ft,  and, 
to  fay  no  more,  unne ccffarily ;  fo  you  may  free  our  good 
People  of  that  Charge,  and  leave  it  to  us  to  look  to, 
who  are  the  proper  Owner  of  it :  And  this,  we  hope, 
will  give  you  full  Satisfaction  in  this  Point;  and  that 
ycu  do  not,  as  you  have  done  in  the  Bufinefs  of  the  Mi- 
litia, fend  this  MeJ/age  out  of  complemental  Ceremony, 
revolving  to  be  your  own  Carvers  at  lajl :  For  we  mi'.Jl 
tell  you,  if  any  Attempt,  or  Direction,  JJxill  be  made, 
or  given,  in  this  Matter,  without  our  Confcnt  or  Ap- 
probation, we  Jliall  ejleem  it  as  an  Aft  of  Violence  a- 
g&inft  us ;  and  declare  it  to  all  the  World  as  the  great- 
tjl  Violation  of  our  Right,  and  Breach  ofcurPrivlege. 
Concerning  the  fix  PrieJJs  condemned ;  it  is  true 
they  were  reprieved  by  our  Warrant,  being  informed 
that  they  were,  by  fome  Reflraint,  disabled  to  take  the 
Benefit  of  our  former  Proclamation  :  Since  that  wf 
have  ijfued  out  another  for  the  due  Execution  of  the 
Laws  againft  Papi/h  ;  and  have  moft  folemnly  pro- 
mi  Jed,  on  the  Word  of  a  King,  never  t?  pardon  any 
Priejl,  without  your  Confent,  which  fnall  be  found 
guilty  by  Laiv  ;  defiring  to  banift)  thefe,  having  here- 
with fent  a  Warrant  to  that  Purpofe^  if,  upon  feccnd 

Thoughts 


Of    ENGLAND.       437 

Tli  Mights  you  do  not  difapprove  thereof;  but  if  you  An.  18.  Car.  I. 
think  the  Execution  of  theje  Perfons  fo  very  necejjary         ^43. 
to.  the  great  and  pious  I  fork  of  Reformation,  rwe        T^T" 
refer  it  wholly  to  you  j  declaring  hereby,  that,  upon 
fuch  your  Refolution,  fignified  to  the  Minijlers   of 
'JujTice,  our  Warrant  for  their  Reprieve  is  determined) 
and  the  Law  to  have  Its  free  Courfe.  f 

And  noiv  let  us  afk  you  (for  we  are  willing  to  huf- 
band  Time,  and  to  difpatch  as  much  as  may  be  under 
one  Meffltge ;  God  knows  the  DijlracJions  of  this 
Kingdom  luant  a  Remedy)  will  there  never  be  a  Time 
to  offer  to,  as  well  as  to  ajk  of,  us  "?  ffe  will prapsfe 
no  more  Particulars  to  you,  having  no  Luck  to  pleafe 
or  be  underjlood  by  you.  Take  your  own  Time  for 
ivhat  concerns  our  Particular  ;  but  be  fure  you  have 
an  early  fpeedy  Care  of  the  Public  ;  that  is,  of  the 
only  Rule  which  preferves  the  Public,  the  Law  of 
the  Land ;  preferve  the  Dignity  and  Reverence  due 
to  That.  It  was  well  faid  in  a  Speech  made  by  a 
private  Perfon,  but  publijhed  by  Order  of  the  Hsufe 
of  Commons  this  Parliament,  s  The  Law  is  that 
which  puts  a  Difference  betwixt  Good  and  Evil, 
betwixt  Juft  and  Unjuft.  If  you  take  away  the 
Law,  all  Things  will  fall  into  Confufion  ;  every 
Man  will  become  a  Law  to  himfelf  -,  which,  in  the 
depraved  Condition  of  human  Nature,  muft  needs 
produce  many  great  Enormities  :  Luft  will  become 
a  Law,  and  Envy  will  become  a  Law ;  Coveteouf- 
nefs  and  Ambition  will  become  Laws  j  and  what 
Dictates,  what  Decidons,  fuch  Laws  will  produce, 
may  eafily  be  difcerned.  So  faid  that  Gentleman, 
ana  much  more  very  well,  in  Defence  of  the  Law  and 
again/I  arbitrary  Power  :  It  is  worth  looking  over 
and  confidering.  And  if  the  moji  zealous  Defence 
E  e  3  */ 

f  Lord  Clarendon  obferves,  «  That  tho'  the  Parliament  were  well 
content,  and  defirous,  that  thefe  condemn'd  Priefts  fhould  have 
been  executed  by  the  King's  Warrant  for  taking  oft'his  own  Reprieve  j 
yet,  for  many  Reafbns,  they  were  not  willing  to  take  that  harfh  Part 
upon  Themfelves  ;  and  fo  thofe  Priefis  were  no  more  profecuted, 
and  were  much  iafer  under  that  Reference  for  their  Execution,  than 
they  could  have  been,  at  that  Time,  by  a  Pardon  under  the  Great 
Seal  of  England.  Vol.  II.  8ro.  p.  499. 

Z  Mr.  fyrr.KC,  at  the  TrLiI  of  the  Earl  of  Straffed. 


438     The  Parliamentary  HISTORY 

An.  iS.  Car.  l.0f  the  true  Protcjlaqt  Proffjfion,  and  the  mcjl  rcf'A- 
ved  Protection  of  the  La^v,  be  the  mcjl  neccffary  Duty 
of  a  Prince,  we  cannot  believe  this  miferablr  Diftancc 
and  Mifunderftanding  can  be  long  continued  between 
us  ;  we  having,  often  and  earnejlly,  declared  them 
to  be  the  chief  eft  Defires  cf  cur  Soul,  and  the  End 
and  Rule  of  all  cur  Aft  ions. 

For  Ireland  ;  zve  have  fujficicntty,  and  zee  hope  fa~ 
tisfaflcrily,  expreffed  to  all  our  good  Subjects  cur  hearty 
Senfc  of  that  fad  Buftnefs,  in  our  federal  Mejfogcs 
en  that  Argument ;  but  efpecially  in  our  loft  of  the 
eighth  cf  this  Month  ^concerning  our  Kefolution  for 
that  Service  j  for  the  fpccdy,  honourable,  and  full 
Performance  whereof,  we  conjure  you  to  yield  all 
pcjfible  Jjjiflance  and  prefent  Advice. 

Which    rjves         After  the  reading  of  this  Meflage,  a  Conference 

great  Offence  towas  dcfircd  with  the  Commons  about  it,  being;  a 

born  Houil-s.      Matter,  as  they  termed  it,  of  dangerous  Confe- 

quence  ;  and  a  Committee  of  Lords  were  appointed 

to  draw  up  Heads  fcr  that  Purpofe.      Thefe,  foon 

after,  brought  in  the  following  : 

*  To  let  the  Houfe  of  Commons  know,  that  this 
Houfe  has  refolved,  That  it  is  neceflary  the  Maga- 
zine at  Hull  be  removed  to  the  Tower  of  London  ; 
becaufe  they  believe  that  thole  evil  Counfellors, 
who  advifed  this  Anfwer,  wherein  there  is  aThreat- 
ening  of  the  Parliament,  and  an  unjuft  Charge  of 
Violztion  of  the  Laws,  have  a  Defign  to  flay  thofe 
Arm?  there  ;  that  they  may  make  Ufe  of  them  to 
the  Difturbance  of  the  Peace  of  the  Kingdom,  and 
the  Ruin  and  Subversion  of  it.  To  dcfne  a  Com- 
mittee of  both  Hcufcs  may  be  appointed  to  draw 
up  the  Reafons,  which  induced  the  Houfe.s  to  dcfire 
the  Magazine  might  be  removed  from  Hull ;  rcfol- 
ving  to  publiih  them,  with  their  Petition  to  the 
King,  and  his  Anfwer  to  it.' 
This  Propofition  was  agreed  to  by  the  Commons. 

votes  thereupon.  April  1 8.  Two  Votes  of  the  Commons  were 
fent  up  to  the  Lords  concerning  Hull,  to  which 
they  deiired  their  Lordfbips  Concurrence.  The 

frjt 


Of    E  N  G  L  A  N  D.      439 

fr/l  was,  c  To  urge  the  Neceflity  of  removing  the  An.  18.  Car.  I. 

Magazine  there  ;'  and  ihefecond  was,  '  To  indem- 

nify  Sir  John  Hofbam  and  his  Son,  and  all  other 

Perfons  under  their  Command,  for  doing  what  they 

had  already  done  ;  and  that  they  fhould  have  the 

Affirmance  of  Parliament  againft  any  Inconveniences 

they  might  incur  by  yielding  Obedience  to  their 

Command,  in  this  neceflary  and  important  Service.' 

Agreed  to  ;  the  following  Lords  tlifTenting,  the  Karh 

of  Bath)  Monmoutb,  Cleveland^  and  Dover  ^  with  the 

Lords  Mowbraft  Grey^  Howard  ',  and  Savile. 


April  19.  The  Lords  read  a  third  Time,  and 
parted,  a  Bill  For  the  ordering  the  Afi/itia,  in  the 
Kingdom  of  England  and  Dominion  of  Wales,  the 
Earl  of  Portland  only  diflenting  ;  and  fent  it  down 
to  the  Commons,  defiring  their  Expedition  in  it. 

.  April  21.  The  Houfe  of  Lords  was  again  called  An  Order  again* 
over,  and  the  Names  of  the  Abfentees  were 
down  in  the  Journal.  A  Declaration,  from  both 
Houfes,  was  order'd  tobedrawnupagainftCounter- 
Petitions  concerning  their  Proceedings  in  regard  to 
the  Militia.  This  was  done  on  account  of  the  re- 
markable Petition  of  Mr.  Benyon  and  that  intended 
from  the  County  of  Kent,  as  before-mentioned. 
Lord  Clarendon  hereupon  obferves,  That  the  Ar- 
gument made  ufe  of  in  the  Houfe  againft  thofe  Pe- 
titions, and  others  of  the  like  Kind,  was,  *  That  no 
Man  ought  to  petition  for  the  Government  cfta- 
blifhed  by  Law,  becaufe  he  had  already  his  Wifli  ; 
but  they  that  deftr'd  an  Alteration  could  not  other- 
wiie  have  their  Defires  known  ;  and  therefore  were 
to  be  countenanced.'  h 

April  22.  A  Letter  from  the  Earl  of  Stamford 
to  the  Lord-Keeper  was  read,  importing  his  Maje- 
fty's  prefent  Anfwcr  to  the  Parliament's  laft  Petition 
to  him,  '  That  he  had  thought  fomething  of  it,  and 
is  much  unfatisfied  with  many  Expreflions  therein  : 
That  he  would  flaortly  fend  to  his  Parliament  a 

par- 

h  Vol.  II.  P.  449. 


440     The  Parliamentary  HISTORY 

:?••  Car. !.  particular  Anfwer  j  but,  for  the  prefent,  he  was  re- 
1642.  iblved  to  do  nothing  concerning  the  IriJJ)  Journey 
Ao^T^  ur>till  t-iey  fhould  hear  from  him  again.' 

The  Bill  for  fettling  the  Militia  having  pnflTed  the 
Houfe  of  Commons,  with  forne  Amendments  and 
Alterations,  it  was  fent  back  to  the  Lords,  with  a 
Defire  that  it  might,  immediately,  be  fent  to  the 
King  for  a  Commiffion  to  pafs  it  into  a  Law. 

April  23,  A  Meflage  was  fent  to  the  Houfe  of 
Commons,  to  let  them  know  that  their  Lordfliips 
were  ready  to  give  Judgment  againft  Mr.  Attorney- 
General,  if  they  would  come,  with  their  Speaker, 
to  demand  it.  Accordingly  the  Commons  being 
come  up,  and  the  Peers  in  their  Robes,  the  Lord 
Chief  Juftice  of  the  Common-Pleas,  in  the  Abfcnce 
of  the  Lord-Keeper,  pronounced  Sentence  upon 
him  as  follows  ; 


&c.  lug  certain  falfe,  fcandalous,  and  malicious  Articles 
of  High  Treafon  againjl  tbe  Lord  Kimbolton,  one  of 
tbe  Members  of  tbe  Houfe  of  Peers ;  Sir  Arthur  Ha- 
lelrigge,  Knt.  Denz.il  Holies,  John  Pyinme,  John 
Hampden,  and  William  Strode,  Efqrs.  being  then, 
and  yet,  Members  cf  tbe  Houfe  of  Commons  ;  and 
for  caufing  Articles  of  High  T^reafon  to  be  entered 
into  tbt  Clerk's  Book  of  tbe  faid  Houfe  of  Peers, 
which  ivus  done  againjl  ;,!v  Privileges  of  Parliament, 
tending  to  tbe  Slt&vt'rfion  of  tbe  antient  Rights  and 
Being  of  Parliaments,  and  againjl  tbe  Liberty-  of  tbe 
Subjefl,  'and  contrary  to  bis  Oath  and  the  Laws  of 
this  Realm: 

Tbe  Lords,  having  /.CAW  tbe  faid  Charge  into  dtte 
Conjidtration,   <h  j:n:l  him  guilty  of  exhibiting  tbe 


fetid  Articles  unto  the  Houfe  of  Peers,  and  can/ing  tbe 
[firne  to  be  enter*  din  the  Clerk's  Book  of  tbe  faid  Houfe  ; 
'//.' tending  thereby  faljly,  unlawfully,  andmalicioujly  to 
•  fataHouJes  sf  the  faid  feveral  Members; 


Of    E  N  G  L  A  N  D.      441 

all  which  Doings  were,  and  are,  high  Breaches  of  the  An.  18.  Car.  \. 

Privileges  of  Parliament,  tending  to  the  Subverfim  of 

the  antient  Rights  and  Being  of  Parliaments,  and    '    T^p""^ 

contrary  to  the  Liberty  of  the  SubjecJ,  and  are  of  great 

Scandal  to  his  Alajejly  and  his  Government,  and  a- 

gc.injl  the  Laws  of  this  Realm ;  for  which  Ojftnces 

this  High  Court  doth  award  and  adjudge, 

1 .  That  the  faid  Sir  Edward  Herbert,  his  Majc- 
Jly  s  Attorney-General,  is,  by  Sentence  of  this  Houfe, 

disabled,  and  made  incapable  of  being  a  Membtr- 
Ajji/iant,  or  Pleader,  in  either  Houfe  of  Parliament, 
and  of  all  Offices,  faving  that  of  Attorney-General, 
which  he  now  holds. 

2.  That  Mr.  Attorney-General  Jhall  be  forthwith 
committed  to  the  Prison  of  the  Fleet,  during  the  Plea- 
j'ure  of  this  Haufe. 

April  25.  The  Lord-Keeper  fignified  to  the 
Houfe,  that  he  had  received  two  Letters  from  the 
King,  wherein  were  two  Meilages  inclofcd,  which 
he  was  commanded  to  communicate  to  the  Houfe, 
and  they  were  read  accordingly.  The  firfl  was 
this  : 

i  are  fo  troubled  and  ajlonifaed  to  find  the  un-  The  King's  An- 
'.-xpeXed  Reception  and  Mif under/landing  of  our  f««  to^the  Par- 
Mejfage,  of  the  eighth  of  April,  concerning  our  Irifti  Iar 
"Journey,  that  being  fo  much  disappointed  of  the  Ap-  jn5  fo  Ireland* 
•probation  and  Thanks  we  looked  for  to  that  Declara- 
tion, we  have  great  Caufe  to  doubt,  whether  it  be  in 
our  Power  to  Jay  or  da  any  Thing  which  Jhall  not  fall 
within  the  like  Interpretation.     But  as  we  have,  in 
that  Mefjage,  called  God  to  witnefs  the  Sincerity  of 
the  Preftffun  of  our  only  Ends  for  the  undertaking 
that  Journey  ;  fo  we  muft  appeal  to  all  our  good  Sub- 
jecJs  and  the  whole  World,  ^vhether  the  Reafons  al- 
Icdged  againjl  that  Journey  be  of  Weight  to  fails fy 
our  Under/landing,  or  the  Counfel  prefented  to  dif- 
fuade  us  from  it  be  full  of  that  Duty  as  is  like  to 
prevail  over  our  Ajfeftions. 

For  our  refolding  of  fo  great  a  Bufinefs  without  the 
Advice  of  our  Parliament,  we  mujl  remember  you  how 

often 


442     The  Parliamentary  HISTORY 


An.  18.  Car.  I.  of  ten,  by  our  Meffages,  ive  mode  the  fame  Offer,   if 
1  42-        you  Jhould  advije  us  t  her  run  to  ;  i)  which  yon  ne  \  •-.  •»• 
gave  us  the  haft  Anfwer ;  but  in  your  late  Declaration 

- 


told  us,  That  ye  were  not  ts  be  fatisfied  with  Words  ; 
fo  that  we  had  Reafon  to  conceive  you  rather  avoided, 
cut  of  Regard  to  our  Pcrfon,  to  give  us  Counfel  to  run 
that  Hazard,  than  that  you  dij approved  the  Inclina- 
tion.     And  what  greater  Comfort,  or  Security,  can 
ibe  Proteftants  of  Cbriftendom  receive,  than  by  fee- 
ing a  Prctejiant  King  venture  and  engage  his  P  erf  on 
for  the  Defence  cf  that  Profcjffion,  and  the  SupprelJ^n 
of  Popery,  ts  which  we  folemnly  proteftcd,  in  tl.\,t 
Mejfage,  never  to  grant  a  Toleration  upon  what 
Pretence  foever,  or  an  Abolition  of  any  of  the  LOVJS 
there  in  Force  agaitijl  the  Profelfors   of  it.     And 
when  we  confidtr  the  great  Calamities,  and  unheard- 
cf  Cruelties,  our  poor  Proteflant  Subjects  in  that  King- 
dom bdve  undergone  for  the  Space  of  near  or  full  fix 
Months ;  the  Growth  and  Increafe  of  the  Strength  of 
thofe  barbarous  Rebels,  tfid  the  evident  Probability  of 
foreign  Supplies,  if  they  are  not  fpeedily  fupprejjed; 
the  very  flow  Succours  hitherto  fent  them  from  hence  ; 
that  the  Officers  of  fever  al  Regiments,  who  have  long 
Time  been  allowed  Entertainment  from  ysu  for  that 
Service,  have  r.ot  raifcd  any  Supply  or  Succour  for  that 
Kingdom ;  that  many  Troops  of  Horfe  have  long  laid 
near  Chefter  untranf ported;   that  tbe  Lord-Lieute- 
nant fl/Ireland,  on  whom  we  relied  principally  for  the 
Conducl  and  Managing  cf  Affairs  there,  is  (lill  in  this 
Kingdom ;  notwitbJJandirig  our  Earnejlnefs  exprrjfed 
that  he  fauld  repair  to  his  Command.    And  when  we 
ccnjider  the  many  and  great  Scandals  retifed  upon  cur- 
felfby  Report  of  the  Rebels,  and  not  fuff.ciently  dif- 
cougtenanced  here,  notwitbftanding  fo  many  Profcf- 
fions  of  ours:  And  bad  feen  a  Book,  lately  printed  by 
the  Order  of  the  Houfe  cf  Comwns,  i>:t:t!ed,  A  Re- 
monftrance  of  divers  remarkable  Paflagcs  concern- 
ing the  Church  and  Kingdom  of  Ireland;  wherein 
jcmc  Examinations  are  jet  down,  which,  how  impro- 
bable or  impcjfible  foever,  may  make  an  Impreffion  in 
the  Minds  cf  many  of  our  weak  Subjeffs.    And  la/My* 
when  we  duly  weigh  the  Difoinour  which  will  per- 
petually 


Of    ENGLAND.     443 

pelnally  He  upon  tins  Kingdom^  if  full  and  fpeedy  A".  18.  Car.  I. 
Relief  be  not  dif patched  thither :  JVe  could  not,  nor 
canxot,  think  of  a  better  Way  to  discharge  our  Duty 
to  Almighty  God,  for  the  Defence  of  the  true  Pro- 
teftant  Profcjfion ;  or  to  manif,jl  our  AJfetlion  to  our 
three  Kingdoms,  for  their  Prefervation,  than  by  en- 
gaging our  P  erf  on  in  this  Expedition  ;  as  many  of  our 
Royal  Progenitors  have  done,  even  in  foreign  Parts , 
upon  Caufes  of  Icfs  Importance  and  Piety ,  with  great 
Honour  to  thcinjclves,  and  Advantage  to  thi$  King* 
dom  :  And  therefore  we  expefledt  at  leaft,  Thanks 
for  fitch  our  Inclination. 

For  the  Danger  to  our  Perfon ;  we  conceive  it  ne- 
cejfary  and  wortlyy  a  King  to  adventure  his  Life  to 
preferve  his  Kingdom ;  neither  can  it  be  imagined 
that  we  will  fit  Jlill,  and  fuffer  our  Kingdoms  to  be 
loft,  and  our  good  Protejlant  Subjects  to  be  majfacred, 
without  expofing  our  own  Perfon  to  the  utnwjl  Hazard 
for  their  Relief  and  Preservation  ;  our  Life,  when  it 
was  mrft  pleajant,  being  nothing  fo  precious  to  us,  as 
it  is  and  Jhall  be  to  govern  and  prefcrve  our  People, 
with  Honour  and  'Jujlice. 

For  any  Encouragement  to  the  Rebels,  becaufe  of 
the  Reports  they  raifed ;  we  cannot  conceive  that  the 
Rebels  are  capable  of  a  greater  Terror,  than  by  the 
Presence  of  their  lawful  King  in  the  Head  of  an  Ar- 
my to  chajlife  them  :  Befides,  it  will  be  an  unfpcak- 
able  Advantage  to  them,  if  any  Reports  of  theirs 
could  hinder  us  from  doing  any  Thing  which  were  fit 
for  us  to  do  if  fitch  Reports  were  not  rcifed :  This 
would  quickly  teach  them,  in  this  jealous  Age,  to  pre- 
vent, by  fitch  Reports,  any  other  Pcrjons  coming 
again/I  them,  ivhom  they  had  no  mind  fnould  be  fo 
employed. 

We  marvel  that  the  Adventurers,  whofe  Advantage 
tuas  the  principal  Motive,  next  the  Rcafon  before  men- 
tioned, to  us,  Jl)ould  fo  much  mi/Jake  our  Purpofe, 
whofe  Interejl  we  conceive  muft  be  much  improved  by 
the  Expedition,  which  we  hope,  by  God's  BleJJing,  to 
life  in  this  Service  ;  this  being  the  mojl  probable  Way 
for  the  fpeedy  Conquejl  of  the  Rebels.  Their  Lands 
are  f efficiently  fe cured  by  Aft  of  Parliament. 

IVe 


444     ybe  Parliamentary  HISTORY 

An.  iS.  Car.  I .  j.ye  ,£/„£  mt  OUrf elf  kindly  ufed,  That  the  Addition 
'  of  fo  feiv  Men  to  your  Levies,  for  a  Guard  to  our 
•J^s  Ptrfon  in  Ireland,  ftmdd  be  thought  jit  for  your  R?- 
fufal :  And  much  more,  that  having  u fed  Jo  mam 
Cautions  in  that  Mejfage,  both  in  the  Smallnefs  of  the 
Number  j  in  our  having  raifed  none  untill  your  An- 
fwer  ;  in  their  being  to  be  raifed  only  near  their  Place 
of  Shipping  ;  in  their  being  there  to  be  armed,  and 
that,  not  till  they  were  ready  to  be  flipped ;  in  the 
Provifion,  by  the  Oaths,  That  none  of  them  Jl)0idd 
be  Papifts ;  (all  which  appears  fuffcient  to  dcftroy  ail 
Grounds  of  Jealoufy  of  any  Force  intended  by  then 
in  Oppofition  to  the  Parliament,  or  Favour  to  any 
malignant  Party)  any  Sufpicionjbouldt  notwithjiand- 
**'£•>  be  grounded  upon  it. 

Neither  can  it  be  under/load,  when  we  recom- 
mended the  Managing  of  that  War  to  you ,  That  we 
intended  to  exclude  curfelf,  or  not  to  be  concerned  in 
your  Councils  ;  that  if  we  found  any  Expedient, 
(which  in  our  Conjcience  orUnderJianding  we  thought 
vecejfary  for  that  great  Work)  we  might  not  put  it 
in  Practice :  We  look  upon  you  as  our  great  Council, 
whofe  Advice  we  always  have  and  will,  with  great 
Regard  and  Deliberation,  weigh  and  conjider.  But 
we  look  upon  ourfelf  as  neither  deprived  of  our  Under- 
ftanding,  or  divejied  of  any  Right  we  had,  if  there 
were  no  Parliament  fitting.  We  called  you  together  by 
our  oivn  Writ  and  Authority,  (  without  which  you  could 
net  have  met)  to  give  us  faithful  Couufel  about  our 
great  Affairs ;  but  we  refegned  not  up  our  own  Inter  eft 
and  Freedom.  We  never  Jubjec-Jed  ourfelf  to  your  ai>- 
•  jolute  Determination.  We  have  always  weighed  your 
Counfels,  a:  proceeding  from  a  Body  intrujledby  us  : 
And  when  ^ve  have  dijfented  from  you,  we  have  re- 
turned you  the  Reafons  which  have  prevailed  with 
our  Conscience  and  Under/landing,  with  that  Candor 
as  a  Prince  Jhould  ufe  towards  his  Sttbje£fst  and  that 
Jlffettion  which  a  Father  can  exprefs  to  his  Children. 
What  Application  hath  been  ujedto  rectify  oiirUnder- 
jlandir.g  by  Reafcns,  or  what  Motives  have  been  given 
to  perjuade  our  Ajjettioni,  we  leave  all  the  World 
to  judge',  and  then  ^ve  mujl  till  yout  hcwfotver  a 

major 


Of    E  N  G  L  A  N  D.     445 

major  Part  may  bind  you  in  Matter  of  Opinion,  we  An.  iS.  Car.  I, 
boldourfelf  (andwe-are  fure  the  Law,  and  the  Con- 
Jlitutlon  of  the  Kingdom,  bath  always  held  the  fame)     ^""^  i 
as  free  to  difjent  (till  our  Reafon  be  convinced  for  the 
general  Good)  as  if  you  delivered  no  Opinion. 

For  our  "Journey  itfelf;  the  Circumjlances  of  your 
Petition  are  fuch,  as  we  know  not  well  what  Anfwer 
to  return,  or  whether  it  were  be  ft  to  give  any.  That 
Part  which  pretends  to  carry  Reafon  with  it,  doth 
no  way  fatisfy  us  :  The  other,  which  is  rather  Repre- 
henfion  and  Menace  than  Advice,  cannot  Jlagger  us. 
Our  Anfwer  therefore  is,  That  we  Jhall  be  very  glad 
to  find  the  Work  of  Ireland  fo  eafy  as  youfeem  to  think 
it,  which  did  not  fo  appear  by  any  Thing1  known  to 
us,  when  we  fent  our  Meffage.  And  though  we  will 
never  refufe,  or  be  unwilling,  to  venture  our  Perfon, 
for  the  Good  and  Safety  of  our  People,  we  are  not  fa 
weary  of  our  Life,  as  to  hazard  it  impertinently. 
And  therefore,  fence  youfeem  to  have  received  Adver- 
tiftmentt  of  fame  late  and  great  Succeffes  in  that  King- 
dom, we  will Jl ay  fane  Time  to  fee  the  Event  ofthofc, 
and  not  purfue  this  Refolution  till  we  have  given  you 
a  fecond  Notice.  But  if  we  find  the  miferable  Con- 
dition of  our  poor  Subjects  of  that  Kingdom  be  not_ 
fpeedily  relieved,  we  ^vi^,  with  God's  AJfijiance,vifit 
them  with  Succours,  as  our  particular  Credit  and  In- 
terejl  canfttpply  us  with,  if  you  refufe  to  join  with  as. 
And  we  doubt  not  but  the  Levies  we  Jhall  make  (in 
which  we  will  obferve  punctually  the  former  and  all 
other  Cautions,  as  may  bejl  prevent  all  Fears  and 
"Jealoufas,  and  to  ufe  no  Power  but  what  is  legal) 
will  be  fo  much  to  the  Satisfaction  of  our  Subjects,  as 
no  Perfon  will  dare  prefume  to  refifi  our  Commands, 
and  if  they  Jhould,  at  their  Peril.  In  the  mean  Time, 
we  hope  our  Forwardnefs,  fo  remarkable  to  that  Ser- 
vice, Jhall  be  notorious  to  all  the  World,  and  that  all 
Scandals  laid  on  us  in  that  Eufmefs  Jhall  be  dearly 
wiped  away. 

We  were  fo  careful  that  our  "Journey  into  Ireland 
foould  not  interrupt  the  Proceedings  of  Parliament, 
nsr  dtp  rive  our  Subjetts  of  any  Acts  of  Juftice,  or 

fur- 


446     *Ihe  Parliamentary  HISTORY 

An.  18.  Car.  l,furtherActsofGraLe,fortherealEencjitofoiirPeoplc, 
that  we  made  a  free  Off'er  of  leaving  fuch  Power 
behind,  as  Jhould  not  only  be  necejfary  for  the  Peace 
and  Safety  of  the  Kingdom,  but  fully  provide  for  the 
happy  Progrefs  of  the  Parliament.  And  therefore 
we  cannot  but  ^vonder,fince  juch  Pozver  hath  been  al- 
ways left  here  by  Cotnmijfion  for  the  Government  of 
this  Kingdom,  when  our  Progenitors  have  been  out  of 
the  fame,  during  the  Sitting  of  Parliaments ;  anil 
fince  yout'felves  defired  that  fuch  a  Power  might  be  left 
here  by  us  at  our  laft  going  into  Scotland,  what  Law 
af  the  Land  you  have  now  found  to  difpenfe  with  you 
from  fubmitting  to  fuch  Authority,  legally  derived 
from  us,  in  cur  Abfence,  and  to  enable  you  to  govern 
this  Kingdom  by  your  own  meer  Authority  / 

For  our  Rfturn  towards  London  j  we  have  given 
you  fo  full  an  Anfwer  in  our  laji  Declaration,  and  in 
Anfwer  to  your  Petition  presented  to  us  at  York,  the 
twenty-Jixth  of  March  laft,  that  we  know  not  what 
to  add,  if  you  will  not  provide  for  our  Security  with 
you ;  nor  agree  to  remove  to  another  Place,  where  there 
may  not  be  the  fame  Danger  to  us :  We  expected  that 
(fence  we  'have  been  fo  particular  in  the  Caufes  and 
Grounds  of  our  Fears)  you  Jhould  have  fent  us  Word, 
that  you  had  publijhed  fuch  Declarations  again/I  fu- 
ture Tumults,  and  unlawful  AJfemblies  ;  and  taken 
fuch  Courfes  for  the  fupprejjing  of  feditioiis  Sermons 
and  Pamphlets,  that  our  Fears  of  that  Kind  might  be 
laid  afule,  before  you  Jhould  prefs  our  Return. 

To  concede  ;  we  could  wijh  that  you  would,  %vith 
the  fame  Striffnefs  and  Severity,  weigh  and  examine 
all  your  Meffuges  and  ExpreJJions  to  us,  as  you  do  thofe 
you  receive  from  us ;  for  we  are  very  confident,  that 
if  you  examine  our  Rights  and  Privileges,  by  what 
ourPredecfJfors  have  enjoyed,  and  your  own  Addrejfes^ 
by  the  ujual  Courfes  of  your  Ancejlors,  ye  zui/l  find 
many  Exprejjicns  in  this  Petition  warranted  only  by 
your  own  Authority  ;  which  indeed  we  forbear  to  take 
Notice  of,  or  to  give  Anfwer  to,  left  we  faould  be 
tempted,  in  a  juft  Indignation,  to  exprefs  a  greater 
Pajfion  than  we  arc  yet  willing  to  put  on.  God,  in 

his 


Of     ENGLAND.      447 

,.'/  Time,  u't  hope,  ivill  fo  inform  the  Hearts  of  An.  iS.  Car.  I, 
all  our  Subjefts,  that  we  jhall  recover  from  the  Mif- 
chief  and  Danger  of  this  Di {temper,  on  whofe  good 
Pleasure  we  will  malt  with  all  Patience  and  Humility. 

The  foregoing  Mcflagc  was  ordered  to  be  feat 
down  to  the  Commons. 

The  King's  fecond  Meflage  was  occafioned  by 
a  printed  Paper,  then  induftrioufly  difperfed  over  the 
Kingdom,  concerning  the  Regal  Power  in  the  Mi- 
litia ;  which  we  give  as  follows,  from  Hujbandi's 
Collections  j  they  not  being  in  the  "Journals. 

A  QUESTION  anfwered :  How  LAWS  are  to  be 
underftood,  and  OBEDIENCE  yielded :  Necef- 
fary  for  the  prefent  State  of  Things,  touching 
the  MILITIA. 

Queftion.  \JO  W,  in  our  extream  Diftraftions^ 
•*•  »  when  foreign  Forces  threaten,  and, 
probably r,  are  invited,  and  a  Malignant  and  Popijh 
Party  at  home  offended ;  the  Devil  hath  ca/I  a  Bone, 
and  raifed  a  Contention  between  the  King  and  Par- 
liament^ touching  'the  Militia.  His  Majejly  claims 
toe  Difpofeng  of  it  to  be  in  Him,  bv  the  Right  of  Law ; 
ihe  Parliament  faith,  Rebus  fie  ftantibus,  et  nolentc 
Rege,  the  Ordering  of  it  is  in  Them. 

Anfwer.  '  This  Queftion  may  receive  its  Solu-  A  Paper  difperfed 
'  tion  by  this  Diftinction,  That  there  is  in  Laws  anabou^' 

•11  i      v          «r</-          TT-n/r1-/!        i      •   mg  the 

4  equitable  .and  a  literal  benfe.      His  Majefty,  let  it  Allegiance. 
'  be  granted,  is  intruded,  by  Law,  with  the  Mili- 
'  tia;  but  'tis  for  the  Good  and  Prefervation  of  the 
4  Republic,  againft  foreign  Invafions,  or  domeftic 
6  Rebellions ;  for  it  cannot  be  fuppofed  that  the  Par- 

*  liament  would  ever,  by  Law,  intruft  the  King 
'  with  the  Militia  againft  themfclves  or  the  Com- 
'  monwealth,    that  intrufts  them   to  provide  for 

*  their  Weal,  not  for  their  Woe  :  So  that  when 
'  there  is  certain  Appearance,  or  grounded  Sufpicion, 

*  that theLetteroftheLawfhallbeimproved againft 
'  the  Equity  of  it,  (that  is,  the  Public  Good,  whe- 

«  ther 


448     The  Parliamentary  HISTORV 

An.  is.  Car.  I.6  ther  of  the  Body  real,  or  rcprefentative)  then  the 

1642.        <  Commander,  going  againft  its  Equity,  gives  Li- 

^*— v— *-*    '  berty  to  the  Commanded,  torefufe  Obedience  to 

f11 '        '  the  Letter  :  For  the  Law,  taken  abftra£t  from  its 

*  original  Reafon  and  End,  is  made  a  Shell  without 
'  a  Kernel,  a  Shadow  without  a  Subftance,  and  a 
e  Body  without  a  Soul.     It  is  the  Execution  of 

*  Laws,  according  to  their  Equity  and   Reafon, 

*  which,  as  I  may  fay,  is  the  Spirit  that  gives  Life 
£  to  Authority ;  the  Letter  kills. 

*  Nor  need  this  Equity  be  exprefs'd  in  the  Law,' 
'  being  fo  naturally  implied  and  fuppofed  in  all  Laws 

*  that  are  not  meerly  Imperial,  from  that  Analogy 
'  which  all  Bodies  Politic  hold  with  the  Natural  ; 
'  whence  all  Government  and  Governors  borrow  a 
'  proportionable  Refpec~h     And,  therefore,  when 
'  the  Militia  of  an  Army  is  committed  to  the  Ge- 
c  neral,  it  is  not  with  any  exprefs  Condition  that 
6  he   (hall  not  turn  the   Mouths  of  his  Cannon 
'  againft  his  own  Soldiers;  for  that  is  fo  naturally 
'  and  neceflarily  implied,  that  'tis  needlefs  to  be 
'  exprefs'd  ;  infomuch  as  if  he  did  attempt  or  com- 
'  mand  fuch  a  Thing,  .againft  the  Nature  of  his 

*  Truft  and  Place,  it  did,   ipfo  Fatto,  eftate  the 
'  Army  in  a  Right  of  Difobedience ;  except  we 
'  think  that  Obedience  binds  Men  to  cut  their  own 
'  Throats,  or  at  leaft  their  Companions. 

*  And,  indeed,  if  this  Diftinction  be  not  allow* 
'  ed,  then  the  legal  and  mix'd  Monarchy  is  the 

*  greateft  Tyranny ;  for  if  Laws  invert  the  King  in 

*  an  abfolute  Power,  and  the  Letter  be  not  controletl 
*•  by  the  Equity;  then,  whereas  other  Kings  that  are 

*  abfolute  Monarchs,  and  do  rule  by  Will,  and 
c  not  by  Law,  are  Tyrants  by  Force  ;  thofe  that 
c  rule  by  Law,  and  not  by  Will,  have,  hereby,  a 
4  Tyranny  conferred  upon  them  legally :  And  io  the 
«  very  End  of  Laws,  which  is  to  give  Bounds  and 

*  Limits  to  the  exorbitant  Wills  of  Princes,  is,  by 
4  the   Laws    themfelves,    tlifappointcd  ;    for   they 

*  hereby  give  Corroboration,  and  much  more  Jufti- 
'  fication,  to  an  arbitrary  Tyranny,  by  making  it 

*  legal,  not  affumed;  which  Law:,  are  ordained  to 

*  crofs, 


Of    E  N  G  L  A  N  D.      449 

'  crofs,  not  to  countenance  :  And  therefore  i?  the  An.  18.  Car.  t. 
'  Letter,  where  it  feems  abfolute,  always  to  re-        l64z- 
'  ceive  Qualification  from  the  Equity,  elfe  the  a-    <""A"V7""~' 
'  forefaid  Abfurdity  muft  follow.' 

His  MAJESTY'S  MESSAGE  to  the  Houfe  of  PEERS, 
on  occafion  of  the  foregoing  PAPER. 

IS  Majejly  having  feen  a  printed  Paper,  inti-The  King's 
tuled,  A  Queftion  anfwered,  how  Laws  areConiPlainttothe 
to  be  understood,  and  Obedience  yielded,  which ^Sctitious  and 
Paper  he  fends  together  with  this  MeJJ'age,  thinks  fit  to  Treasonable  j 
recommend  the  Confideration  of  it  to  his  Houfe  of  Peers  ; 
that  they  may  ufe  all  pojjible  Care  and  Diligence  for 
the  finding  out  the  Author ;  and  may  give  Directions 
to  his  learned  Counfel,  to  proceed  againft  him  and  the 
Publijhers  of  it,  in  fuch  a  Way  as  Jhall  be  agreeable 
to  the  Law  and  the  Courfe  of  ^fuftice,  as  Perfons  who 
endeavour  to  Jlir  up  Sedition  againft  his  Majefty. 
And  his  Majefty  doubts  not  but  they  will  be  very  Jen- 
fible  hoiv  much  their  oivn  particular  Interejl,  as  well 
as  the  public  Government  of  the  Kingdom,  is,  and 
mitft  be,  Jhaken,  if  fuch  Licence  Jhall  be  permitted  tn 
bold  factious  Spirits*,  to  withdraw  his  Subjefts  Jirift 
Obedience  from  the  Laws  ejlablijked,  by  fuch  fedi- 
tious  andtreafonable  Dijlinttions.  And  of  DotJrines 
cf  this  Nature  his  Majejly  doubts  not  but  that  their 
Lordjhips  will  publijh  their  great  Dijlike,  it  being  . 
groivn  into  frequent  Difcourfe,  and  vented  in  fame 
Pulpits,  by  thofe  defperate  turbulent  Preachers,  who 
are  the  great  Promoters  of  the  Diftempers  of  this 
Time,  That  human  Laws  do  not  bind  the  Con- 
fcience  ;  which  being  once  believed,  the  Civil  Govern- 
ment and  Peace  of  the  Kingdom  will  quickly  be  dijjol- 
ved.  His  Majejly  expeRs  a  fpeedy  Account  of  their 
Lordfiips  exemplary  Juftice  upon  the  Authors  ant 
Publijhers  of  this  Paper. 

The  Lords  being  of  Opinion,  That  the  King's 
Complaint  againft  the  Authors  and  Publifhers  of  the 
foregoing  Paper  (as  containing  feditious  Expreflions 
and  treafonable  Diftinctions)  was  in  the  Nature  of 

VOL.  X,  F  f  an 


450     The  Parliamentary  HISTORY" 

An.  18.  Car.  I.  an  Incjuihtion ;  and  holding  it  proper  for  Things  of 
l6*2'         that  Kind  to  begin  in  the  Houie  of  Commons,  and 
'""p^p""''     to  bebroughtup  to  their  Lordfhips  in  a  Parliamenta- 
ry Way,  lent  it  down  to  them  accordingly. — But 
Which  both      it  was  never  more  heard  of  in  either  Houfe. 

HouiVs  jufs  over 

unregarded.  At  a  Conference  held  this  Day,  the  Commons 

delivered  to  the  Lords  a  Copy  of  a  Petition,  which 
had  been  prefented  to  the  King  by  divers  Gentle- 
men of  Torkfnire  ;  which  was  read  as  follows  : 

The  HUMBLE  PETITION  of  the  GENTRY  and 
COMMONS  of  the  County  of  YORK. 

Moil  Royal  Sovereign, 

A  Ps  tiiion  of  die  T^Acouraged  by  your  Majcjlfs  many  Tejlimonles  of 
to^  the  Kin^Cnfor  ^our  Srac'ous  Goodnefs  to  us  and  our  County, 
continuing^the  which  we  can  never  fuffiaently  acknowledge,  we  do, 
Magazine  at  in  all  Duty  and  Loyalty  of  Heart,  humbly  addrefs 
lluil  >  ourfehes  to  your  Sacred  Ma]  eft y ;  befeeching  you  to  caft 

your  Eyes  and  Thoughts  on  the  Safety  of  your  own 
RoyalPerfon, your  Princely  IJfue,  and  this  whole  Coun- 
ty ;  a  great  Means  of  which  ive  conceive  doth  confift 
in  the  Arms  and  Ammunition  at  Hull,  placed  there  by 
your  Princely  Care  andCnarge  \  [which,  by  your  Ma- 
jefty,  was  conceiv'd  neceflary  for  the  Defence  of  the 
Northern  Parts  of  this  Kingdom;  ]  k  andfince^  upon 
a  general  Apprehenfton  of  Danger  from  foreign  Parts 
represented  to  your  Majejly^  thought  fit ,  as  yet,  ts  be 
continued:  Jf^efor  our  Parts^.concei'cing  ourfelves  to  be 
Jllll  In  Danger i  do  humbly  befeech  your  Majcfiy^  That 
you  ivould  l>e  pleafed  to  take  Juch  Courfe  and  Order, 
that  y cur  Magazine  of  Ammunition  may  ft  ill  there  re- 
main, for  the  better  fecuring  of  thefe  and  the  rejl 
of  the  Northern  Parts  ;  and  the  rather,  becaufe  we 
think  it  mojl  fit,  that  that  Part  of  the  Kingdom 
fiouldbe  bejl  provided,  where  your  Sacred  Perfon  doth 
refide ;  your  Perfon  being,  like  David's,  the  Light 

of 

k  This  PaiTage  is  omitted  in  Hiijbandis  Cclt'ections,  and  even  in 
the  Edition  printed  by  Barker,  the  King's  Printer  : — But  is  fupplieJ 
from  the  Lord's  Journals,  This  Petition  is  mentioned,  but  not  en- 
tered, in  thole  of  the  Ccmmcr.s, 


Of    ENGLAND.      451 

Of  Ifrael,  and  more  worth  than  ten  thoufand  of  us. 'An.  18.  Car.  I, 
Who  fiall  daily  pray,  &c.  l642- 

This  Petition  was  a/Tented  to,  and  delivered  to  April; 
the  King,  by  thefe  Gentlemen,  viz.  Sir  Francis 
hartley,  Sir  William  Wentworth,  Sir  John  Gibfony 
Sir  Thomas  Metham,  Sir  Richard  Hutton,  Sir  Paul 
Neal,  Mr.  Bryan.  Palmes,  Mr.  George  Butler,  Mr. 
Davunay,  Mr.  Mountain,  Capt.  Franck,  and  eight 
or  ten  Perfons  more,  whofe  Names,  as  the  'Jour- 
nals fay,  were  not  known. 

The  Obfervatioris  made  by  the  Houfe  of  Com- ^k-h  ^  P*» 
mons  on  this  Petition,  were,/r//,  The  Preface  is hamenc  refent' 
falfe,  being  ftiled,  ^  Petition  of  the  Gentry  and 
Commons,  when  it  was  delivered  only  by  a  few. 
Secondly,  That  it  is  wholly  grounded  upon  a  Pie- 
fumption,  that  the  King  and  Prince  will  refide 
there ;  which  is  directly  contrary  to  the  continual 
Defires  of  both  Houfes  of  Parliament,  and  to  their 
Petition  for  removing  the  Magazine  from  Hull,  and 
their  Order  thereupon.  Thirdly,  That  whereas  it 
is  pretended  that  the  Magazine  was  placed  there  for 
the  Safety  of  the  County,  it  was  much  to  the  Da- 
mage and  Lofs  thereof;  being  fb  long  overburden- 
ed with  that  and  the  Army.  Fourthly,  That  moft 
of  thefe  Subfcribers  were  the  Retractors  of  their 
Names  from  that  Petition,  which  the  County  of 
York  prefented  to  the  King,  for  the  Calling  of  a  Par- 
liament, and  jojn'd  with  the  late  Earl  of  Straffard 
for  the  Stopping  of  it. 

On  thefe  Confiderations  the  Houfe  of  Commons 
conceiv'd  this  Petition  to  be  of  dangerous  Conle- 
quence,  and  an  Affront  to  the  Parliament  j  done  on 
purpofe  to  increafe  the  Differences  between  the  King 
and  his  People,  and  to  make  a  Faction  within  that 
County  :  Therefore,  the  Commons  defire  their 
Lordfhips,  that  the  Subfcribers  to  it  may  be  fum- 
moned  to  appear,  and  anfwer  the  fame  in,  Parlia- 
ment.— This  was  ordered  accordingly. 

April  1^.  The  Lord  Keeper  acquainted.the  Lords, 

That  he  had  received  a  Letter  from  the  King,  dated 

F  f  2  at 


452     The  Parliamentary  HISTORY 

An.  18.  Car.  I.  at  Beverlcy,  April  24,  with  a  Mefla^e  inclofed  in 
jt}  which  he  was  commanded  to  deliver  to  the 
Houfe,  and  it  was  read  in  thefe  Words  : 

The  King's        T-J1^  Majejly  bavin*  received  the  Petition  inclofed 
MefLgeoCCom-  iJ.  from  mofl  of  the  chief  of  the  Gentry  near  about 

Jol"  fi£!?oJ York  ''  defl.rlnZ  t!)e  Sta.V  \f  lj'!S  Ma j  eft  is  Arms  and, 
itfuknzhim'Ln- Munition  in  his  Magazine  at  Hull ;  for  the  Safety 
trance  into  Hull,  not  only  of  his  Mftjefty's  Perfon  and  Children,  but 
likewife  of  all  thefe  Northern  Parts,  the  manifold 
Rumours  of  great  Dangers  inducing  them  to  make 
their  faid  Supplication  ;  thought  it  m oft  fit  to  go  him- 
felf,  in  Perfon,  to  his  Town  of  Hull,  to  view  his  Arms 
and  Munition  there  ;  that  thereupon  he  might  give 
Directions  what  Part  thereof  might  be  necejjary  to 
remain  there,  fsr  the  Security  and  Satisfaction  of 
his  Northern  Subjects  ;  and  what  Part  thereof  might 
befparedfor  Ireland,  and  the  arming  cfhis  Majcjty's 
Scots  Suijigffs  that  are  to  go  thither  ;  or  to  replenijh 
his  chief  eft  Magazine  of  the  Tower  of  London  ; 
•where  being  corn:  upon  the  twenty-third  of  this  Infl. 
April,  much  contrary  to  his  Expectation,  be  found  all 
the  Gates  Jhut  upon  him,  and  the  Bridges  drawn  upt 
by  the  exprefs  Command  of  Sir  John  Hotham  ;  ivho9 
for  the  prefent,  commands  a  Garrifon  there,  and  from 
the  Walls  flatly  denied  his  Majejly  Entrance  into  his 
f aid  Town  "9  the  Reafons  of  the  /aid  Denial  being  as 
Jlrange  to  his  Majejly  as  the  Thing  itfelf,  it  being 
that  he  could  not  admit  his  Majefty,  without  Breach 
cfTriift  to  his  Parliament  ;  which  did  the  more  in- 
cenfe  his  Majejlfs  Anger  again  ft  him,  for  that  he,  nwft 
Jeditioujly  and  trait eroufy,  would  have  put  his  Dij obe- 
dience upon  his  Majejlys  Parliament ;  which  his  Ma- 
jffty  being  willing  to  clear,  demanded  of  him,  if  he  had 
the  Impudence  to  aver  that  the  Parliament  had  direct- 
ed him  to  deny  his  Majefty  Entrance  ;  and  that  if  he 
had  any  fuch  Order,  that  he  fuould  flew  it  in  Wri- 
ting, for  otherwife  his  Majcfty  could  not  believe  it ; 
which  he  could  no  way  produce,  but  riialicioujly  made 
that  falfe  Interpretation  according  to  his  own  Infe- 
rences, conf effing  that  he  hud  no  fuch  pojitive  Order  - 

whicb 
1  That  before  given. 


Of   E  N  G  L  A  N  D.     453 

which  bis  Majefty  was  ever  confident  of:   But  bis  An.  18.  Car.  J. 
Ma;  e  fly,  not  willing  to  take  fo  much  Pains  Jn  vain,         l6*2- 
offered  to  tome  into  that  his  Town  with  only  twenty  ^"     **T*** 
Horfe,  finding  that  the  Main  of  his  Pretence  lay, 
that  his  Majeflys  Train  was  able  to  command  the 
Garrifon  ;  notwithftanding  his  Majefty  was  ft  clefi- 
rous   to  go  thither  in  a  private  IFejy   that  he  gave 


Warning  thereof  but  ever  Night  ;  which  he  refusing, 
but  bv  way  of  Condition,  which  his  Majejiy  thought 
much  belo-iv  him,  fold  it  mo  ft  ncceffary  to  declare  him 
Traitor,  unlefs,  upon  better  Thoughts,  he  foould  yield 
Obedience  ;  which  be  doubly  deferved,  as  well  for 
refufing  Entrance  to  his  natural  Sovereign,  as  by 
laying  the  Reajcn  thereof,  groundlefsly  and  mal:  cioujly, 
upon  his  Parliament. 

One  Gircumflance  his  Majefly  cannot  forget  ,  That 
his  Son  the  Duke  of  York,  and  his  Nepheiu  the 
Prince  Elector,  having  gene  thither  th'e  Day  before^' 
Sir  John  Hotham  delayed  letting  of  them  out  to  his 
^  till  after  fame  Confultaticn. 

Hereupon  his  Mujefly  hath  thought  it  expedient  to 
and  'Juftice  of  his  Parliament  againft  the  fold 
Sir  John  Hotham,  to  be  exemplarily  infiUted  en  him, 
according  to  the  Laws  ;  and  the  rather  ',  becaufe  his  , 
would  give  them  a  fit  Occafion  to  free  them- 


eman 


f  elves  of  this  Imputation,  by  him  fo  injurioujly  cajl  up- 
on them,  to  the  end  his  Majefty  may  have  the  eafier 
Way  for  the  cbajllfing  of  jo  high  a  Disobedience.  * 

The  Lords  entered  into  a  ferious  Debate  on  this 
Jaft  JMeflage,  and  afterwards  came  to  the  following 
Refolutions  : 

*  Refolved,  &c.  That  Sir  John  Hotham,  accord-  TheLordsjuftlfy 
ing  to  this  Relation,  hath  done  nothing  but  in  O-s'r 
bedience  to  the  Commands  of  both  Houfes  of  Par- 
liament. 

'  Refohed,  &c.  That  this  Declaring  Sir  John 
Hotham  a  Traitor,  being  a  Member  of  the  Houfe 
of  Commons,  is  a  high  Breach  of  Priviledge  of 
Parliament. 

4  Refohed,  &c.  That  this  Declaring  Sir  John 

Hotham  a  Traitor,  without  due  Procefs  of  Law,  is 

F  f  3  againft 


454     ^e  Parliamentary  HISTORY 

An.  18.  Car.  I.  againft  the  Liberty  of  the  Subject  and  the  Law  of 

1642.        the  Land.'     It  was  alfo  ordered  to  have  an  im- 

$~  ~v~  -*    mediate  Conference  with  the  Houfe  of  Commons, 

pn  '        to  communicate  the  King's  McfTage  to  them,  and 

thefe  Votes  upon  it. 

This  Day  the  Lord-  Keeper  reported  a  Confe- 
rence, lately  had  with  the  Houfe  of  Commons,  con- 
cerning Sir  Edivard  Dering,  That  they  had  prefent- 
ed  the  following  Impeachment  a  gainfj:  him  : 

ARTICLES  of  IMPEACHMENT  <?/  Sir  EDWARD 
DERING,  Knt.  and  Bart,  by  the  Commons  ajjem- 
bled  in  ibis  prefent  Parliament,  in  the  Name  of 
themf  elves  and  of  all  the  Commons  of  England,  for 
high  Crimes  and  Mif  demeanors  by  him  committed^ 
as  follows  a  .' 


Articles  cf  Im-j^  <  rW^UAT  whereas  an  Ordinance  was  lately 

pcnchment  •-        .•  «  i  j  j  -LILTT/- 

cainft  Sir  Ed-  A     made  and  agreed  upon  by  both  Houfes 

<v>ardDtring,(or*  of  Parliament,  for  the  fettling  of  the  Militia  of 

SS?  PwSL  '  this  KinSdom>  for  the  Safety  and  Prefervation 
°n'e  thereof  in  thefe  Times  of  imminent  Danger  ;  the 

*  faid  Sir  Edward  Dering,  knowing  thereof,  and 

*  having  been,  lately,  a  Member  of  the  Commons 

*  Houfe  in  Parliament,  and,  by  Order  of  the  faid 

*  Houfe,  forOffences  by  him  committed,  expell'd  the 

*  fame  b,  out  of  a  malicious  and  wicked  Intention 
'  to  crofs  and  hinder  the  faid  Ordinance  ;  to  inter- 

*  ruptand  fcandalize  the  Proceedings  of  Parliament; 
1  to  fet  Divifion  between  hisMajefty  and  the  Parlia- 

*  ment;  and  to  raife  Sedition  and  Tumult  in  the 

*  County  of  Kent,  and  in  other  Parts  of  this  Realm  ; 

*  in  or  about  the  Month  of  March  laft  paft,byPrac- 
6  tice  and  Combination  with  Richard  Spencer,  Efq; 

*  Sir  Roger  Twifden,  Knt.  and  Bart,  and  Sir  George 

*  Strode, 

a  Thefe  Proceedings  againft  Sir  Edivard  Den'ng  are  taken  frorn 
the  Lords  Journals  :  There  is  no  Mention  made  of  them  in  Rujh- 
ivirtb  or  WtitlKke^  Lord  Clarendon,  indeed,  tells  us,  '  That  feve- 
rr.!  O  r.tWen  of  the  County  o('Ker.tf  who  had  fubfcribed  and  ad- 
yifed  .ti-  I'evition,  were  fent  for  as  Delinquents  5  and  Charges  and 
Art)..-,  i,!  l.'i-.irac'unent  drawn  up  againft  them.  Vol.  II.  /.  487, 

'<?  Ki  nnntiiighis  Speeches.  —  ;  -  See  before,  p,  i66? 


Of    E    N  G  L  A  N  D.       455 

*  Strode,  Knt.  and  others,  did  wickedly  and  malici-  A; 
oufly  contrive  and  frame  certain  dangerous  and  fe- 
ditious  Heads  or  Articles  of  a  Petition  to  be  pre- 
fented  to  the  Parliament,  for  and  on  Behalf  of  the 

1  Gentry,  Minifter.s,  and  Commonalty  of  Kent;  a- 
mongft  which  fome  were  to  this  or  the  like  Effect, 
'  viz.  J  ft,  That  no  Member  of  the  Honfe  of  Commons 
'  Jhould  be  put  out  of  the  faid  Houfe  ^  without  focwing 
'  a  Reafon  for  the  fame  ;  and  that  they  foew  fome 
Cauje  why  the  faid  Sir  Edward  Derino;  was  put 
'  out  ef  the  faid  Houfe.  2dly,  That  his  Majefty'sSub- 
'  jeSts  Jhould  not  be  bound  by  any  Order  of  either  of  the 
'  faid  Houfes.  3dly,  That  no  Ordinance  of  the  faid 
c  Houfe  touching  the  Militia  Jhould  bind  the  Subjefts, 

*  without  his  Majcjlys  Affent  thereunto.   And  for  the 

*  better  effecting  thereof,  at  the  Affixes  holden  for 

*  the  faid  County,  on  Tuefday  the  twenty-fecond  of 
'  March,  1641,  the  faid  Sir  Ediuard  Dering,  being 
'  then,  and  yet,  a  Juftice  of  the  Peace  of  the  faid 
4  County,  together  with  the  faid  Sir  George  Strode-, 
4  and  divers  other  Juftices  of  the  Peace  of  the  faid 

*  County,  then  prelent  in  Court,  by  the  Practice 

*  and  Combination  aforefaid,  did  offer  himfelf  to 

*  fei  ve  on  the  Grand  Inqueft  at  the  faid  Affixes ;  al- 
e  beit  there  was  another  fufficient  Grand  Jury  theii 
c  returned  by  the  Sheriff,  (whereof  he  was  none) 
1  and  no  Exception  taken  to  the  fame ;  and  that 
'  no  Juftice  of  Peace,  or  other  Gentleman  of  that 

*  Rank  and  Quality  in  that  County,  had  ferved  up- 
'  on  any  Grand   Jury,  at  the  Ailizes,  for  many 

*  Years  then  before  :  And  the  faid  Sir  Edward  De- 

*  ring,  together  with  the  other  faid  Juftices  of  the 
'  Peace,  upon  their  faid  Offer,  being  fworn  and 
'  impanneiied  of  the  faid  Jury,  the  iaid  Sir  Ed- 
'  ward  Dering,  with  the  faid  Sir  George  Strode^y 
'  the  Practice  and  Combination  aforefaid,  and  to  the 

*  Intent  and  Purpofe  aforefaid,  did  tender  the  faid 
'  Heads  to  the  faid  Grand  Jury ;  and  did  then  and 

*  there  wickedly  and  unlawfully  perfuadc,  labour, 
1  and  folicit  the  reft  of  the  Grand  Jury  to  agree  to 
'  the  fame ;  and  have  them  drawn  into  a  Petition  to 

*  the  Parliament,  to  be  prefented  by  the  faid  Grand 

*  Jury 


45 6     The  Parliamentary  HISTORY 

An.  18.  Car.  l.«  Jury  to  the  Judge  of  the  faid  Affixes  and  the  reft 
'  of  the  Bench  there,  to  be  by  them,  affented  to 
^^jl7~~^  *  and  approved  of;  and  did  then  and  there  wickedly 
'  conjure  the  faid  Grand  Jury  to  Secrecy,  and  not 
«  to  difcover  any  Thing  touching  the  faid  Petition, 
'  till  it  fhould  be,  by  them,  agreed  upon  and  pre- 

*  fented  as  aforefaid ;  falfely  perfuading  them  that 
'  they  were  thereunto  bound  by  their  Oath. 

II.  '  That  whereas  the  faid  Grand  Jury  did  not, 

*  nor  would  agree  to  the  faid  Petition  or  Heads  ; 
'  but  a  great  Part  of  them  did  utterly  refufc  and  op~ 

*  pofe  the  fame,  and  refolve  to  proteft  againft  it ; 
'  yet  the  faid  Sir  Edward  Dering^  together  with  the 

*  faid  Sir  George  Strode^  by  the  Practice  and  Com- 

*  bination  aforefaid,  did,  at  the  fame  Affixes,  wick- 

*  edly  and  feditioufly  contrive  and  frame  a  danger- 

*  ous,  fcandalous,  and  feditious  Petition,  to  be  pre- 
*•  fented  to  the  Parliament,  confifting  of  many  of 

*  the  Heads  aforefaid,  and  others,  and  the  fame  did 

*  prefent  to  the  Bench  at  the  faid  Affixes  ;  and,  by 

*  falfe  and  fmifter  Objections,  Perfuafions  and  So- 

*  licitations,  caufed  the  fame  to  be  voted  and  aflent- 

*  ed  to  in  open  Court ;  and  did  further  fay,  That 

*  the  fame  fhould  be  accompanied  with  40,000  Per- 

*  fons,    and  that  they  fhould  meet  at  Deptford, 

*  Greenwich^  or  Elackhcath^  to  go  to  the  Parliament ; 

*  and  did  likewife  openly  move  in  Court,  That 

*  there  might  be  three  Copies  made  of  the  faid  Pe- 
'  tition,  one  to  the  Houfe  of  Lords,  another  to  the 

*  Houfe  of  Commons,  and  a  third  to  his  Majefty. 

III.  *  That  the  faid  Sir  Edward  Dcring,  toge- 

*  ther  with  the  faid  Richard  Spencer,   Sir  Roger 

*  Twifden^  Sir  George  Strode^  and  others,  by  the 

*  Practice  and  Combination,  and  to  thelntent  afore- 

*  faid,  at  the  faid  Affixes,  and  at  other  Times,  did 

*  wickedly  and  feditioufly  publifh  the  faid  Petition  ; 
e  and  cauied  the  fame  to  be  put  into  the  Hands  of 

*  one  Pope,  an  Attorney  at  Law,  dwelling  at  Mald- 
'  Jlone  aforefaid,  to  make  and  deliver  out  Copies 

*  thereof,  to  be  difperfed  throughout  the  faid  Coun- 

*  ty  ;  and  divers  Copies  thereof  were  given  out  and 

*  djfperfed  accordingly, 


Of    E  N  G  L  A  N  D.      457 

IV.  *  That  the  faid  Sir  Edward  Derir.g,  togc-An.  iS.  Car.  I. 
4  ther  with  the  reft  of  the  faid  Confederates,  by  the        ifi42- 
4  Practice  and  Combination  aforelaid,  and  to  the    ^—  ~v~  -1 
4  Intent  aforefaid,  did  unlawfully,   wickedly  and        A?n ' 
4  malicioufly,  procure  many  Hands  to  the  faid  Pe- 
4  tition;  and  did  labour  and  folicit  divers  of  the  In7 

*  habitants  of  the  faid  County  to  afiemble  and  meet      , 
4  at  Deptford  or  Greenwich,  in  the  faid  County, 

*  or  fome  other  Place  thereabouts,  in  great  Multi- 

*  tudes,  to  go  along  with  the  faid  Petition  ;  intend- 

*  ing  thereby  to  have  raifed  Commotion  and  Sedi- 

*  tion  amongft  the  People,  and  to  have  awed  the 
4  Parliament. 

'  All  which  Doings  of  the  faid  Sir  Edward  De- 
£  ring  and  his  Confederates,  were,  and  are,  great 
4  and  hio;h  Breaches  pf  the  Privileges  ofParliament ; 
4  and  contrary  to  his  Oath  and  the  Duty  of  a  Ju- 

*  (lice  of  Peace ;  tending  to  Sedition,  and  to  the 

*  apparent  Danger  of  both  his  Majefty's  Kingdoms 
'  of  England  and  Ireland:  And  the  faid  Sir  Edwcn'd 
4  Dering  being  fent  for  to  the  Houfe  of  Commons, 
4  and  under  Examination  of  a  Committee  of  both 
4  Houfes  of  Parliament  for  the  faid  Offence,  is 
4  fince  fled,  in  great  Contempt  of  both  the  faid 
4  Houfes. 

4  And  the  faid  Commons,  by  Proteftation,  faving 
4  to  themfelves  the  Liberty  of  exhibiting,  at  any 
4  Time  hereafter,  any  other  Accufation  or  Impeach - 
4  ment  againft  the  faid  Sir  Edw ard  Dering ;  and  of 
4  replying  to  the  Anfwer  which  he  fhall  make  to 
4  the  laid  Articles,  or  any  of  them ;  and  of  offering 
4  Proof  of  the  Premifles,  or  any  of  them,  or  of  any 

*  other  Impeachment  or  Accufation  which  fhall  be 
4  exhibited  againft  him,  as  the  Cafe,  according  to 
4  the  Courfe  ofParliament,  fhall  require;  do  pray 

4  that  the  faid  Sir  Edward  Dering  may  be  put  to.    ., 
4  anfwer  to  all  and  every  the  Premifles  in  the  Pre- 
£  fence  of  the  Commons ;  and  that  fuch  further  Pro- 
4  ceedings,  Examinations,  Judgments  and  Execu- 
4  tions  may  be,  upon  every  of  them,  had  and  ufed 

*  againft  him  as  is  agreeable  to  Law  and  Juftice.* 

This 


458     ffie  Parliamentary  HISTORY 

An,  18.  Car.  I.  This  being  read,  his  Lordftiip  reported,  c  That 
1642.  t]ie  Gentleman  of  the  Houfe  of  Commons,  that 
^[^l**^  manag'd  the  Conference,  °  made  fomc  Obfervations 
and  faid,  *  That  your  Lordfhips  fee  by  this  that  hath 
been  read  unto  you,  thatNcndum  recentis  Ilii  Fatitm 
ftetit\  that  notwithstanding  the  many  ftrange  and 
variable  Attempts  againft  the  Parliament,  and  their 
wonderful  and  miraculous  Prefervations,  yet  Mif- 
chief  is  fo  fruitful  and  generative  as  to  produce 
a  new  Brood  of  Serpents ;  which  are  continually 
luffing,  maligning,  and  praclifmg  againft  the  pious 
and  noble  Endeavours  of  both  Houles,  and  agaiml 
the  Peace,  Profperity,  and  Happinefs  of  this  afflict- 
ed Kingdom.  If  the  evil  and  deducing  Spirit,  which 
doth  animate  thefe  Deftgns,  were  afked  from 
whence  he  comes,  doubtlefs  his  Anfwer  would  be, 
From  comparing  the  Earth ;  having  removed  his 
Scene  into  many  feveral  Parts,  and  found  fo  many 
Friends  and  Patrons  of  his  audacious  Achievements, 
amongft  whom  this  Gentleman,  Sir  Ed^vard  De- 
ring,  is  one  ;  a  Man  of  Mark  and  Eminency;  of 
Wit,  Learning,  and  Zeal,  at  leaft  in  Shew  and  Ap- 
pearance; and  yet  all  thefc  miferably  fhipwreck'd 
upon  the  Shelves  and  Sands  of  the  Kentijh  Shore. 
The  Thing  itfelf  appears  to  your  Lordfhips  to  be  a 
manifcft  Breach  of  the  Rules  of  Law,  Juftice,  and 
Religion  ;  and  yet,  under  the  Cloak  of  all  three, 
a  Fair  muft  be  proclaimed  to  take  away  Nabotb  and 
his  Vineyard.  The  Yeomanry  of  Kent^  heretofore 
in  great  Eftecm,  is  now  become  vile  and  contempt- 
ible ;  an  extraordinary  Grand  Jury  muft  be  pre- 
pared of  Knights,  Gentlemen,  and  Juftices  of  the 
Peace  for  fomc  extraordinary  Service,  which  your 
Lordfhips  have  heard  what  it  is ;  they  muft  defcend 
from  their  Places  on  the  Bench,  and  from  them- 
»  felves  too,  not  to  ferve  their  Country,  (for  that 
were  no  Difparagement)  but  to  ferve  their  own 
unworthy,  ambitious,  and  feditious  Ends. 

*  This  Gentleman,  a  Ringleader,  late  a  Mem- 
ber of  the  Houfe  of  Commons,  the  Grand  Jury  of 

the 

°  Mr.  PyiKtK!  or  Mr.  Holies,  they  both  being  appointed  for  that 
Cotnmtns  Journal^, 


Of    ENGLAND.      459 

the  whole  Kingdom;  and  there  fo  highly  cfteeming  An.  18.  Car. 
of  his  own  Wifdom,  is  contented  now  to  defcend        l642- 
fo  low  as  to  become  one  of  the  Common  Jury  of   c — ^T^ 
the  County  ;  fuch  is  the  Meannefs  and  Pufilani-       Aprll< 
mity  of  high  Thoughts,  as,  for  compafling  of  their 
own  Ends,  to  ftcop  to  any  Condition  how  low 
focvcr  it  may  be. 

*  Having  thus  fet  the  Cards,  he  plays  the  Game 
very  foully ;  he  leads  his  Fellows  out  of  the  Wav; 
and  makes  them,  like  ill  Hunters,  inftead  of  fol- 
lowing the  Chace,  at  the  Queft  of  one  ill  Mouth, 
to  fall  upon  a  Flock  of  Sheep.  Their  Duty  was 
to  have  inquired,  diligently,  of  the  Matters  given 
them  in  Charge.  Surely  this  was  out  of  the  Charge, 
becaufe  the  Judge  had  told  them  it  was  out  of  his 
Commiflion  ;  and  yet  they  leave  other  Matters, 
which  they  were  charged  with,  as  Accidents  and 
Trifles  ;  and  infift  upon  this,  which  they  had  no- 
thing to  do  with,  as  the  principal  Bufmefs. 

c  He  obtrudes  on  them  divers  monftrous  and  fe- 
ditious Heads ;  and,  by  fmifter Suggeftions, Labours 
and  Solicitations,  which  ought  not  to  be  ufed  to  a 
Jury;  and,  by  a  kind  of  Violence  offered  them, 
leeks  to  enforce  them  to  a  Confent,  contrary  to 
their  own  Reafon,  Judgment,  and  Confciences, 
when  they  refufed,  oppofed,  and  protefted  againft 
it.  Failing  of  this, 

FleElere  Ji  ncqueam  Super  os^  Acberonta  movebo: 

Inftead  of  enquiring  upon  the  Statute  of  Witch- 
craft and  Conjuration,  he  ufethhisConjuiations  and 
Enchantments  upon  them,  to  conjure  them  to  Se- 
crecy ;  falfely  perfuading  them  that  they  will  be 
bound  unto  it  by  their  Oath :  When  all  this  would 
not  ferve,  he  then  applies  himfelf  to  the  Bench ;  and, 
by  the  Inchantments  and  Conjurations  ufed  there, 
prevails  fo  far  as  to  have  it  there  voted  and  aflented 
to  by  fuch  as  were  prefent ;  and,  to  give  the  more 
Strength  and  Countenance  to  it,  wants  not  the 
Aid  and  Concurrence  of  fome  appearing  Reverend 
Divines,  and  of  Civilians  alfo ,  and  Hicks  not  to 

af~ 


460     The  Parliamentary  HISTORY 

An.  iS.  Car.  I.  affirm,  that  he  can  have  40,000  Perfons  to  attend  the 
Petition  j  proclaims  a  Meeting  at  Blackheatb,  a  Place 
^  fatal  and  ominous  for  Actions  of  this  Nature ;  and 
all  this  under  Colour  of  a  Petition;  being,  in  Truth, 
a  Challenge,  an  Adjuration,  ar.d  a  Scandal  upoij 
the  Parliament;  and  purporting  nothing  elfe  but  a 
defperaie  Defign  to  put  not  only  Kent,  but,  for 
ougtr  is  Y:  owi  ,  all  Cbrijhndom  into  Combuftion, 
carrying;  the  Sails  full  fvvollen  with  Spite,  Arrogancy, 
and  Sedition.  The  particular  Inftances  he  forbore 
to  trouble  your  Lordfhips  xvith,  becaufe  you  will 
find  fome  of  them  upon  Perufal  of  the  Petition. 
He  faid  many  Arguments  he  might  ufe  in  Aggra- 
vation of  them,  from  the  Eminer.cy  of  the  Power 
of  the  Perfon,  and  the  Arrogancy  of  his  Mind ;  the 
Acrimony  of  his  Spirit,  and  from  the  topping  Place 
of  Kent,  which  former  Ages  hath  found  obnoxious 
to  thefe  Infelicities;  \vhichthisGentleman,  fo  well 
read  in  Story,  ihould  have  been  mindful  of  in  thefe 
troublefome  Times :  But  all  thefe,  and  other  Cir- 
cumftances,  he  left  to  your  Lordfhips  noble  and  ju  • 
diciausConiideration;  defiring,  amongft  other  Mo- 
tives, that  your  Lordfhips  will  be  pleafed  to  reflect 
upon  the  Acts  of  your  own  Juftice  in  a  Cafe  of  like 
Nature;  p  which,  being  firft  begun  here,  near  at 
hand,  might  have  fpreadthe  Flame  and  Contagion 
over  all  England',  had  not  the  great  Wifdom  and 
Juftice  of  both  Houfes,  in  due  Time,  prevented  it. 

'  He  faid,  He  {hould  add  no  more  at  this  Time, 
but  what  he  had  read  of  a  People  \\\  Africa,  which 
fent  a  Challenge  to  the  Wind  ;  whereupon,  at  the 
Meeting,  the  Wind  blew  down  Mountains  upon 
them,  and  overwhelmed  them  :  He  hoped  thofe 
bold  and  infolent  Adventurers,  who  have  prefumed 
to  fend  a  Challenge,  or  Defiance  to  the  great  Houfes, 
fhall  find  a  like  Stroke  of  their  wonted  Power  and 
Juftice ;  and  that  they  fhall  meet  with  fuch  a  Wind 
as  will  blow  down  the'rr  highThoughts  upon  them- 
felves.  return  theirVotesinto  their  own  Bofoms,  and 
their  mifchievous  Defigns  upon  their  ov/n  Heads. 

*  All 

P  Mr.  Btnytns.  Petition  before-mentioned. 


Of    E  N  G  L  A  N  D.     461 

c  All  which  he  was  warranted,  in  the  Name  of  \n.  18.  Car 
the  Houfe  of  Commons,  and  of  all  the  Commons        l 
of  England,  to  defire  of  their  Lordmips ;  and  that    *~"J\il 
they  will  be  pleafed  to  make  this  Gentleman,  the 
principal  Author  of  this  foul  A6t,  a  Spectacle  and 
Pattern  of  exemplary  Juftice  to  prefcnt  and  future 
Times.' 

Ordered,  '  That  Sir  Edward  Derlng,  Knt.  and 
Bart  (hall  appear  before  the  Lords  in  Parliament 
on  Monday  next,  being  the  fecond  Day  of  May, 
and  put  in  his  Anfwer  unto  an  Impeachment  of 
the  Houfe  of  Commons  brought  up  againft  him,  or 
elfe  the  Houfe  will  proceed  againft  him  by  Default.' 

The  Houfe  of  Commons  having  confidered  ofFarfher  Votn 
the  King's  laft  Meffage  and  the  Votes  about  /^// 
fent  to  defire  another  Conference  on  this  Affair ;  in 
which  they  acquainted  the  Lords,  That  they  fully 
agreed  with  them  in  thefe  Votes,  and  defired  that 
they  might  be  printed  and  difperfed  all  over  Eng- 
land: That  two  Ships  of  War  fliould  be  fent  to 
the  River  Number  to  clear  the  Paflage  to  Hull,  un- 
der the  Command  of  the  Earl  of  Warwick :  That 
a  Committee  of  both  Houfes  might  be  fent  into  the 
North  to  take  Care  of  thofe  Parts  and  Hull;  par- 
ticularly, to  thank  Sir  John  Hotbam,  the  Comman- 
ders and  Soldiers  under  him,  with  fuch  Inhabitants 
of  the  faid  Town,  who  they  (hall  learn  were  for- 
ward in  the  Service,  for  their  Faithfulnefs  in  pre- 
ferving  that  Place  ;  and  to  aflure  them  that  parti- 
cular Care  mail  be  taken  to  reward  them  according 
to  their  Deferts. 

There  was  read,  alfo,  an  Information  from  two 
Perfons,  who  faid,  That  the  King's  Coming  to  Hull 
was  on  purpofe  to  hang  Sir  'John  Hotbam;  and, 
upon  his  Refufal  to  let  his  Majefty  into  Hull,  he 
had  proclaimed  him  a  Traitor :  That  Sir  Thomas 
Metbam  was  raifmg  Forces  for  the  King  in  York- 
fljire,  rnoft  of  them  Papifts ;  and  that  there  was  a 
great  Refort  of  them  at  York  :  That  all  Pofts  and 
Perfons  who  brought  Letters  to  and  from  the  Parlia- 
ment to  Hull  were  flopped,  and  forbidden  to  carry 

any 


462     73&<?  Parliamentary  HISTORY 

An,  is.  Car.  I.any  on  Pain  of  Death;  and  all  Intercourfe  prfe- 
vented,  both  by  Land  and  Water  :  In  confidera- 
tion  of  which,  the  Commons  think  fit  to  defire 
their  Lordfhips  Concurrence  in  fending  an  Order 
to  the  Sheriffs,  Lord-  Lieutenants,  Juftices  of  the 
Peace,  6V.  in  the  adjacent  Counties  to  fupprefs  all 
Forces  that  {hall  D£  raifed  there,  either  to  force  the 
Town  of  Hull  ^  or  to  flop  the  Pafiages  to  and  from 
the  fame,  to  the  Difturbance  of  the  Peace  of  the 
Kingdom.  Laftiy,  The  Commons  defired  the 
Lords  Concurrence  in  a  Declaration  concerning 
thefe  Matters,  and  that  the  fame  might  be  printed 
and  publimed. 

The  Lords  not  only  agreed  with  the  Commons, 
in  all  thefe  Particulars  ;  but  went  further  :  For  they 
ordered  all  the  Perfons  who  had  figned  the  laft  Pe- 
tition to  the  King,  with  others,  there  named,  to  be 
fent  for  as  Delinquents,  for  being  adlive  againft  the 
Parliament. 
TheDeclarationjaboverneritibnedjWas  as  follows  : 

A  Declaration   <  "T  T  is  declared  by  the  Lords  and  Commons  in 
1  Parliament,  That  the  Stopping  of  the  Paflages 


ed.  '  between  Hull  and  the  Parliament,  and  the  In- 

6  tercepting  of  Mefiengers  employed  from  the 
6  Parliament  to  Hull,  or  from  any  that  are  in 
'  the  Service  of  the  Parliament,  or  any  Letters 
'  whatfoever  fent  by  any  to  or  from  the  Parlia- 
'  ment,  is  a  high  Breach  of  the  Privilege  of  Par- 
*  liament;  which,  by  the  Laws  of  this  Kingdom 
'  and  the  Proteftation,  we  are  bound  to  defend 
'  with  our  Lives  and  our  Fortunes,  and  to  bring 
'  the  Violators  thereof  to  condign  Puhifhment  ; 
'  and  hereby  all  Lord-Lieutenants  and  their  De- 
'  puties,authorifed  by  the  Ordinance  ofbothHoufes 
'  of  Parliament,  all  Sheriffs,  Juftices,  Mayors,  Bai- 
'  liffs,  Conftables.  and  other  Gificers  whatfoever, 
'  are  required"  to  give  their  utmoft  Aid  and  Afllft- 
'  ance  to  :M  that  are  employed  in  the  faid  Service, 
'  for  th-jir  better  and  more  fpeedy,  free,  and  fafc 
'  PafTage  :  And  i..  inprehend  all  fuch  as,  by  Co- 
'  lour  of  any  Warrant  or  other  Authority  whatfo- 

'  ever 


Of     ENGLAND.       463 

'  ever,  (hall  endeavour  or  go  about  to  hinder  any  An, 

*  that  are  employed  about  the  fame,  and  them  to 

*  apprehend,  and  in  fafe  Cuftody  to  fend  up  to  the 
'  Parliament.' 

April  28.  This  Day  a  MefTage  was  brought  up 
bv  Mr.  Oliver  Cromwell,  to  dellre  a  Conference. 
The  Purport  of  which  was,  the  Commons  ac- 
quainted the  Lords,  That  they  had  received  Infor- 
mation of  a  great  Meeting  to  be  next  Day  on  Black- 
heath,  in  order  to  back  the  rejected  Petition  of  Kent ; 
and  that  Reports  were  given  out  that  they  intended 
to  {bed  Blood :  They  therefore  recommended  to 
their  Lordfhips  that  proper  Care  might  be  taken  to 
prevent  any  Mifchief  that  might  enfue.  This  was 
ordered  accordingly  by  the  Lords. 

An  Order  was  made  that  Sir  John  Hot/tarn  have 
Power  to  take  up  fuch  Ships,  at  Hull,  as  are  fit  for 
bringing  away  the  Magazine  there,  to  be  convoyed 
by  the  two  Ships  of  War,  already  fent  for  that 
Purpofe. 

The  Lords  agreed  with  the  Commons  to  give 
Inftru&ions  and  Power  to  their  Commiflioners, 
who  were  to  be  fent  into  the  North;  as,  alfo,  to 
another  Declaration  of  both  Houfes  on  the  Bufmefs 
of  Hull,  with  an  Order  of  Affiftance  to  be  given  to 
the  Commiflioners ;  which,  with  the  late  Votes, 
were  again  ordered  to  be  printed  and  publifhed. 
The  Declaration,  &c.  were  in  bac  Verba.  P 

'  r  | "\  H  E  Lords  and  Commons  in  Parliament,  A  Declaration 
rinding  juft  Caufe  to  fear  not  only  the  def-  SSV)  * *>? 

,      '  r\  r  eT»     *A  i       >  c    \  tsaxLsitjobnno 

'  perate  Deiigns  of  Papifts,  and  others  of  the  mz- tbam. 
'  Jignant  Party,  at  home;  but  alfo  the  Malice  of  E- 
4  nemies,  incited  by  them,  from  abroad ;  thought  it 
'  neceflary,  for  the  Safety  of  this  Kingdom,  to  fe- 

*  .cure  the  Town  of  Kingjlon  upon  Hull,  being  one 
6  of  the  moft  confiderable  Places  for  Strengh,  and 

«  af- 

P  From  the  Commons  Journals,   which  differs,  in  fome  few  Ex- 
prcffions,  from  the  Copy  in  Hujbandst  and  Rujhivjr:b\  Collcftior.s. 


464     The  Parliamentary  HISTORY 

An.  i*.  Car.  I. c  affording  the   beft  Conveniency  for  landing  of 

1642.        c  Forces  ;  and  where  a  great  Part  of  the  Maga- 

v-~."v~"-''    £  zine  of  the  Kingdom  for  that  Time  was  placed  ; 

'  and  for  that  End  appointed  Sir  John  Hcibam,  one 

*  of  the  Members  of  the  Houfe  of  Commons,  be- 

*  ing  a  Gentleman  of  the  fame  County  of  a  con- 
'  fiderable  Fortune  and  approved  Integrity,  to  take 

*  upon  him  the  Government  of  the  Town,  and  to 
4  draw  thither  fome  of  the  Train'd  Bands  for  the 
'  Guard    thereof:     In    which   Apprehenfion   and 

*  Refolution  they  were  the  more  confirmed    by 
'  the   Sight  of  fome  intercepted  Letters   of  the 

*  Lord  Digby,  (a  principal  Perfon  of  that  Party) 
'  written  to  theQueen  and  Sir  Lewis  Dives;  where - 
«  by  thatParty  difcovered  an  Endeavourto  perfuade 
'  his  Majefty  to  declare  himfelf,  and  retire  into  fome 

*  Place  of  Safety  in  this  Kingdom,  iu  Oppofition  to 
«  Ways  of  Accommodation  with  his  People ;  and, 
'  to  give  the  better  Opportunity  to  himfelf  and  other 

*  dangerous  Perfons  to  refort  thither;  which  could 
c  have  no  other  End  but  to  incline  his  Majerty  to  take 
'  Arms  againft  his  Parliament  and  good  Subjec~h,and 
'  miferably  to  imbroil  this  Kingdom  in  Civil  Wars. 
'  About  which  Time  Captain  Legge  (a  Alan  for- 
'  merly  employed  in  the  Practice  of  bringing  up  the 
'  Army  againft  the  Parliament)  had  Direction,  by 
4  Warrant  produced  by  him  under  the  King's  Hand 

*  and  Sign  Manual,  to  enter  King/ion  upon  //#//, 
6  and  to  dniw  thither  fuch  of  the  Train'd  Bands  as 

*  he  fhould  think  fit :  And  that  the  Earl  of  New- 
'  cajlle  came  thither  in  a  fufpicious  W^ay,  and  under 
'  a  feign'd  Name,  and  did  endeavour  to  poflefs 

*  himfelf  of  the  faid  Town,  by  Virtue  of  the  like 

*  Warrant  and  Authority. 

'  They  further  conceiving,  that  the  Magazine 
'  there  being  of  fo  ?reat  Importance  to  this  King- 
c  dom,  would  be  more  fecure  in  the  Tower  of  Lon- 
c  don,  did  humbly  petition  his  Majefty  to  give  his 
'  Confent  the  famemioht  be  removed  ;  which,  not- 

*  withftanding  his  Majefty  did  refufe;  and  there- 

4  upon  ibme  few  ill-afle6ted  Perfons  about  the  City 

5  of  York,  took  upon  them  the  Preemption,  in  Op- 

'  pofition 


Of    E  N  G  L  A  N  D.       465 

'  pofition  to  the  Deiires,  and  in  Contempt  of  both  An.  is.  Car 
'  Houfes,  to  petition  his  Majefty  to  continue  that        l64*' 
'  Magazine  at  Huil;  alledging  it  to  be  for  the  Safe-    ^~A^^" 

*  ty  of  his  Majefty,  as  if  there  could  be  a  greater 

*  Care  in  them  of  his  Majefty's  Royal  Perfon  than 
e  in  his  Parliament :  And  his  Majefty,  the  next  Day 

*  after  the  Delivery  of  that  Petition,   being  the 
'  twenty-third  of  this  Inftant  April,  took  Occafion 
'  thereupon  to  go  to  the  Town  of  Hull,  attended 
'  with  about  400  Horfe,  (the Duke  of  York  and  the 
'  Prince  Elector  being  fent  thither  the  Day  before) 
c  and  required  Sir  "John  Hotham  to  deliver  up  the 

*  Town  into  his  Hands;  who  perceiving  his  Ma- 
'  jefty  to  be  accompanied  with  fuch  Force  as  might 
'  have  mafter'd  the  Garrifon  of  the  Town ;  and 
c  having  received  Intelligence  of  an  Intention  to 
6  deprive  him  of  his  Life,  in  cafe  the  King  fhould 
'  be  admitted,  informed  his  Majefty  of  theTruft  re- 
'  pofed  in  him  by  both  Houfes  of  Parliament,  and 
e  that  he  could  not,  without  Breach  of  that  Truft, 
'  let  him  in  ;  befeeching  his  Majefty  to  give  him 

*  Leave  to  fend  to  the  Parliament,  to  acquaint  them 

*  with  his  Majefty's  Commands,  and  to  receive  their 
c  Directions  thereupon,  which  he  would  do  with 
4  all  Expedition.   This  Anfwer  his  Majefty  was  not 
'  pleafed  to  accept  of;  but  prefently  caufed  him  and 
'  his  Officers  to  be  proclaimed  Traitors  before  the 
'  Walls  of  the  Town ;  and  thereupon  difpatched  a 
'  MefTage  to  both  Houfes,  therein  charging  Sir  John. 
6  Hotham  with  High  Treafon,  and  aggravating  his 
'  Offence,  becaufe  he  pretended  the  Parliament's 
'  Command;  in  the  mean  while  hindering  him  of  all 
'  Means  of  Intelligence  with  the  Parliament,  for 
'  his  Majefty  immediately  caufed  all  Paflages  to  be 

*  flopped  between  him  and  them ;  and,  in  purfuance 
'  of  the  fame,  one  of  his  Servants,  who  was  fent  by 
'  him  with  Letters  to  the  Parliament,  to  inform 
c  them  of  the  Truth  of  thofe  Proceedings,  was  ap- 

*  prehended,  his  Letters  taken  from  him,  and  his 
'  Perfon  detained ;  whereby,  contrary  to  the  com- 
'  mon  Liberty  of  every  Subject,  he  was  not  only  de- 

VOL.  X.  G  g  «  prived 


466     Tie  Parliamentary  HISTORY 

An.  iS.  Car,  I. *  prived  of  Means  to  clear  himfelf  of  that  heavy 
1642.        t  Accufation,  but  of  all  Ways  of  Intercourfe,  ei- 

*  ther  to  receive  Directions  from  them  that  trufted 
'  him,  or  to  inform  them  what  had  happened. 

4  The  Lords  and  Commons  finding  the  laid  Pro- 

*  ceedings  to  be  a  high  Violation  of  the  Privileges  of 
'  Parliament,  of  which  his  Majefty  had,  in  feveral 
'  Mefiages,  exprefs'd  himfelf  to  be  fo  tender ;  a 

*  great  Infringement  of  the  Liberty  of  the  Subject 
'  and  the  Law  of  the  Land,  which  his  Majefty  had 
'  fo  often  lately  profefled  fhould  be  the  Rule  to  go- 
4  vern  by  ;  and  tending  to  the  endangering  of  his 
'  Majefty's    Perfon    and    the    Kingdom's   Peace ; 

*  thought  fit,  as  well  for  the  Vindication  of  their 

*  own  Rights  and  Privileges,  and  the  Indemnity  of 
'  that  worthy  Perfon  employed  by  them,  as  for  the 

*  clearing  of  their  own  Proceedings,   to  publifh 
'  thefe  enfuing  Votes. 

[Here  the  Votes,  mentioned  at  p.  453,  are  repeated.] 

Next  follow  the  Inftru&ions  given  to  thefe  Com- 
miffioners,  which  were  not  publifhed  with  the  for- 
mer, for  Reafons  obvious  enough  ;  nor  are  they  in 
Hujbands's  or  Ru/hiuorth's  Colieflions ;  and  we  give 
them  from  the  "Journals  themfelves,  viz. 

inftruftionsto  a<  TT  is  this  Day  ordered  by  the  Lords  and  Com- 
70e  oPto*  A  mons  in  Parliament,  That  the  Earl  of  Stam- 
'  jord,  the  Lord  Willougbby  of  Parbam^  Sir  Edward 
'  Ayfcough,  Sir  Cbrijiopher  Wray,  Sir  Samuel  Ow- 
'  field,  and  Mr.  Hatcher,  fhall  forthwith  repair  into 

*  Lincdnjhire,  and  from  thence  to  Kingjlon  upon 

*  Hull,  and,  if  there  beOccafion,  to  any  other  Parts 
1  of  York/hire,  and  purfue  the  Directions  following: 

I.  *  That  if  any  Forces  are,  or  fhall  be,  raifed  or 
'  gathered  together  in  the  Counties  of  York  or  Lin- 
'  coin,  either  to  force  the  Town  of  Hull,  or  to  flop 

*  any  of  the  PafTages  to  or  from  the  fame,  or  any 
'  other  Way  to  difturb  the  Peace  of  the  Kingdom ; 

*  then  they,  or  any  three  of  them,  in  the  Name  and 

*  by  the  Authority  of  both  Houfes  of  Parliament, 

'      «  (hall 


Of    E  N  G  L  A  N  D.      467 

*  fliall  require  the  Lord-Lieutenant,  or,  in  his  Ab-  Ar 

*  fence,  the  Deputy-Lieutenants  of  either  of  the  faid 

*  Counties,  reipectively,  to  fupprefs  and  remove  all 

*  fuch  Forces,  and  to  free  and  keep  open  all  the  Paf-        AprU< 
'  fes  to  Hull;  and,  in  Performance  hereof,  lhall 

*  alfo  require  the  Sheriffs,  Juftices  of  the  Peace,  and 
'  all  other  his  Majefty's  Officers  and  Subjects,  in 

*  the  Name  of  both  Houfes  of  Parliament,  to  af- 
'  fift  therein  as  oft  as  they  lhall  fee  Caufe. 

II.  «  That  they  fnall  thank  Sir  John  Hotbam,  the 

*  Commanders,  and  particular  Soldiers  under  him, 
'  and  fuch  of  the  Inhabitants  of  tiie  Town  as  have 
'  obferved  the  Command  of  the  Parliament,  and 
'  kept  it  in  purfuance  of  the  fame;  and  ihall  give 

*  them  all  Encouragement  to  continue  their  Care 
'  and  Fidelity  in  this  Service,  conducing  fo  much 
'  to  the  Safety  and  Peace  of  the  Kingdom. 

III.  *  They  (hall,  from  Time  to  Time,  certify 
'  the  Houfes  of  all  Occurrences ;  and  fhall  all,  or 

*  any  of  them,  return,  as  they  fhall  fee  Occafion.' 

jfpril2().  AMeflage  was  brought  from  theHoufe 
of  Commons,  to  let  the  Lords  know,  That  they 
looked  upon  the  late  Attempt  upon  Hull  to  proceed 
from  the  Effect  of  fome  former  Counfels  of  the 
Lord  Digby's  Letters  to  the  Queen :  Thaj:  he  being 
impeached  by  them  of  High  Treafon,  and  a  Procla- 
mation fent  out  to  fummon  him  to  appear  on  a  cer- 
tain Day,  under  Pain  of  Conviction  ;  and  it  being 
now  fix  Weeks  fince,  and  the  faid  Lord  Digby  not 
coming  in,  the  Houfe  of  Commons  defire  the  Lords  2te*J2*h* 
would  pleafe  to  affign  a  Day  for  them  to  come  up,  ing  of  Lord  big; 
and  demand  Juftice  againft  him.  */s  Trialt 

An  fiver.  That  they  will  appoint  a  Day,  (hortly, 
and  give  the  Houfe  of  Commons  Notice  of  it. 

Another  Meflage  came  up  to  the  Lords,  by 
Mr.  Hampden,  and  others,  who  prefented  to  their 
Confideration  a  Letter,  directed  to  the  Speaker ; 
and,  though  there  was  no  Name  fubfcribed,  yet 
many  of  the  Members  knew  it  to  be  of  Sir  John 
Hotbams  Hand-writing,  and  contained  a  true  Nar- 
rative of  the  whole  Bufmefs  concerning  Hull? 
G  g  2  ,  Which 


468     T/v  Parliamentary  HISTORY 

An.  18.  Car.  I.  Which  Letter  the  Lords  commanded  to  be  read  as 
.    I64~-        follows:* 


SI  R, 

Sir  Jcbn  Ho-      j  ty*^  no  ^ueftion  but  you  have  heard*  in  general* 


bn  Ho-      j  ty* 
* 


7  , 

King's  coming  -ceivcd  the  Particulars  be]  ore  tins*  but  that  all  frays 

to  hull.  have  leen  flopped*  for  the  intercepting  my  Letters  : 

Two  Pojls  I  have  fent  Exprejfcs,  both  which  were 

intercepted  ;  and  one  of  them*  as  I  am  informed*  car- 

ried Prifoncr  to  York. 

The  Parliament*  as  you  ^ve!l  knoiv*  hath  intruftcd 
me  ^vith  the  fafe  Keeping  of  this  Place  :  Their  Orders 
J  have  performed  to  the  left  of  my  Under  '/landing*  and 
utmoft  Endeavours*  thd1  with  feme  Hazard  of  being 
mifconceived  by  his  Majefty.  If  I  have  ,  in  any  Thing* 
mi/behaved  myfslf*  or  not  performed  ?ny  Trull*  I  Jhall 
mo  ft  willingly  fubmit  to  their  Cenfures  :  Only  this  I 
mujl  make  my  mofl  bumble  Reqiteji*  if  fo  it  may  fee?n 
good  to  the  Wisdom  of  the  Parliament*  That  I  may 
have  from  them  a  quick  Rcfolution*  in  fuch  Manner 
as  they  Jhall  find  to  be  juft. 

I  perceive*  by  feme  Letters  fent  by  his  Majefly  to 
this  Toiun,  that  he  hath  advertifed  the  Parliament 
of  this  Afticn  of  mine*  and  hath  demanded  a  Punijh- 
ment  againjl  me  :  I  Jhall  intreat  the  Parliament  to 
take  Into  Confederation  under  how  deep  an  Accusation 
I  lie  ;  and  hovj  unable  1  foall  be  to  do  them  Service 
here*  if  this  receive  not  a  fpcedy  Refolution. 

The  Manner  1  fa  all  faithfully  (Godiviiiing}  relate. 
It  was  thus  : 

Upon  Friday  the  twenty-third  of  this  Injl.  April, 
an  Alderman  of  Hull  came  to  me,  and  told  me*  He 
was  newly  come  from  York,  and  that  he  was  to  give 
me  Notice  that  the  Duke  of  York,  the  Prince  Elec- 
tor* and  my  Lord  Newport,  would  that  Night  come 
to  Hull,  and  Jlay  only  one  Night*  and  go  back  next 
Day  to  York.  /  could  have  well  wijhed  they  had 
ta;;en  feme  other  Time*  but  being  very  dejiraus.  to  give 

all 

1  From  the  Lords  jfaurne's-i  It  is  mentioned,  tho'  not  entered, 
>n  thoi'e  of  the  Cim::',r.i,     I>ui:  no  Notice  is  taken  of  this  Letter  in 
Rufaver:!.",  or  W,. 


Of    ENGLAND.      469 

all  the  Content  I  could,  (mv  Trujl  always  preferved)  An 
I  gave  Way  to  their  Reception;  and  had  provided, 
for  next  Day,  a  Dinner,  to  have  given  them  the  be  ft 
Welcome  I  could  :  But,  late  that  Night,  I  had  fame 
Caufe  of  Sufptcion  that  they  meant  not  to  depart  the  next 
Day  ;  whereupon  I  went  to  my  Lord  Newport,  who 
ajfured  me  confidently  it  was  not  fo,  which  a  while 
J  all  fed  me  ;  till  about  Nine  of  the  Clcck,  the  Duke, 
Prince,  and  the  reft,  being  walking  in  the  Fort  cail  d 
South-End,  Sir  Lewis  Dives  comes  in  thither,  and 
delivered  me  a  Letter  fr  cm  his  Majejly  ;  purporting^ 
That  he  intended  to  vifit  his  Town  c/"Hull  and  his 
Magazine  there,  and  that  I  Jhould  provide  for  the 
Reception  of  him  and  his  Train  ;  that  he  doubted  not 
of  my  Obedience,  elfe  he  muji  make  his  Way  into  his 
Town  according  to  the  Laws  of  the  Land. 

This  I  confefs  put  me  to  a  greet  Strait :  On  the 
one  Side  being  mofl  extremely  forry  to  give  his  Ma- 
jejly the  leaft  Caufe  of  Offence  ;  on  the  other  Side  the 
Breach  of  a  Trujl  being,  in  my  Senfe,fo  horrid  a  Faff, 
as  after  that  I  Jhould  not  have  wijhed  to  live  ;  I  then 
began  to  put  together  Circumjlances,  thus  ;  Why  fuch 
a  "Journey,  at  juch  a  Time  as  this,  Jhould  have  been 
undertaken  by  Jo  great  Perjonages  ;  why  Jhould  they 
deny  their  Stay,  when  I  had  fame  Caufe  tp  JufpecJ  it 
was  refolved  when  they  came  ^  the  Nitmbers  coming 
with  them  already  received  into  the  Town  ;  and,  lajlly, 
the  extreme  urging of  the  MeJJenger,  Sir  Lewis  Dives. 

/  had  received  of  thofe  that  came  along  with  them, 
whether  of  their  Servants  or  no  I  know  not,  forty- five 
Perfons,  I  well  knew  of  a  Party  pradijlng,  by 

Papijls  in  Holdernefs,  with  fame  of  the  Town. 

His  Majcfty  had,  in  his  Train,  to  the  bejt  of  all 
our  'Judgments,  300  Horfe.  I  tuas  advert! fed,  (but 
the  Certainty  I  knew  not)  that  400  Horfe  lay  further 
off.  y///  thefe  put  me  to  a  fudden  Refofution  to  draw 
up  the  Bridges,  upon  certain  News  cf  his  Majejly' s 
approaching;  having,  fir  ft,  fent  out  a  Gentleman  to 
his  Majejly^  humbly  to  intreat  his  Majejly  to  forbear 
his  coming  to  the  Town  at  that  Time,  in  regard  I 
might  not,  without  a  Breach  of  that  Trujl  committed 
to  me,  admit  him  and  his  Train. 

f^>  >  <7"7,'f 

G  g  3  4W 


470     The  Parliamentary  HISTORY 

/n.  i?.  Car-  *•  'This  Mtffage  met  him  three  Miles  off\  notwtth^ 
1642.  Rar.ding  his  Majejly  came  on  to  the  'Town  Gates,  and 
V-"v— "r^  Cent  far  me  thither  :  As  I  went,  I  met  the  Mayor  and 
^riJ*  fame  Townsmen  ajj'embled  to  go  to  his  Majejly  to  the 
Gates,  whom  I  commanded  to  keep  their  Houjes ;  which 
accordingly  they  did,  and  my f elf  went  to  theTownlVall 
next  toe  Port :  Being  there,  his  Majejly  demanded  En- 
trance ;  1,  in  the  mo  ft  humble  Manner  I  was  able  to 
exprefs  myfelf,  begged  of  his  Majejly  to  take  my  Cafe 
into  his  mojl  Princely  Confederation  :  That  I  had  that 
Place  delivered  me  under  that  facred  Name  c/"Xruft : 
That  I  could  not  fatisfy  him,  at  that  Time,  without 
incurring  to  me  and  my  Pofterity  the  odious  Name  of  a 
yillain  and  Faith-Breaker :  That  he  would,  for  that 
Time,  withdraw ;  and,  if  my  being  in  this  Town 
gave  him  the  leajl  Caufe  of  O fence,  if  he  would  give 
me  Leave  to  adveriije  the  Parliament,  I  Jhould  get 
myfelf  dif charged  never  to  come  here :  But  nothing  1 
could  fay  could  give  any  Satisfaction  to  his  Majejly ', 
who,  as  well  as  to  nyfelf,  endeavoured  to  perfuade  all 
my  Captains  and  Soldiers ;  but  they  were  all  of  one 
Afindwitb  me,  faithfully  to  perform  our  Truft.  Sotne 
cfhis  Majejty's  Train,  with  great  Earneftnefs,  cried 
tut  to  kill  me  and  throw  me  over  the  Wall\  and  they 
were  not  a  few  which  did  it. 

This,  and  fame  other  Advertifements  I  had  given  of 
fame  Attempts  to  be  made  upon  my  Perfon  ( which y 
though  in  itfelfnot  at  all cnnjider able,  yet  at  this  Time 
fence  that  my  Perijhing,  by  any  fudden  Attempt,  would 
have  apparently  hazarded  theLofs  of  this  Place)  made 
me  enter  upon  a  refolute  Determination  to  intreat  his 
Majejiy  at  that  Time  to  withdraw ;  and  not  to  ad- 
mit of  his  Entrance  (till  1  bad  advertifed  the  Parlia- 
ment thereof  }with  any  confederate  Company,  and 
alfo  being  1  jaw  thai,  with  his  Presence,  the  Tswnf- 
:nen  began  to  ft  agger  j  the  Mayor,  contrary  to  my  Com- 
mand, being  come  to  the  Wall,  and  receiving  from  his 
.Majejly  many  gracious  Words.  The  Conclujiqn  was, 
fiis  Majejiy,  after  Perfuafions  would  not  prevail, 
caufed  me,  and  all  that  adhered  to  vie,  to  be  pro- 
ctqimed  Traitors. 

*[ben  beretiredtoa  little Houfe,  without  theWalh  ; 


Of    E  N  G  L  A  N  D.      471 

and,  after  one  Hour's  Stay,  returned  and  demanded  An.  18.  Car.  I. 
again  my  Refolution.  I  made  the  fame  Anfwer  as  be-  1642. 
fore ;  and  I  think  then  (  but  I  do  not  well  remember  it)  ^—— \~--f 
he  demanded  Entrance  for  himfelf  and  twenty  Harfe ; 
but  in  my  Judgement  (as  I  well f aw  how  the  State  of 
Affairs  flood)  being  fully  fatisfied,  that  if  bis  P  erf  on 
lucre  in  but  with  half  that  Number •,  I  was  in  no  ways 
Majler  of  the  Town,  Untreated  bis  Pardon  in  that. 
Soon  after  he  went  away  and  lodged  at  Beverley  ; 
from  whence  he  fent,  next  Day ,  two  Heralds  to  de- 
mand Entrance  to  fee  his  Magazine }  but  I  yet  in- 
treated  his  Pardon ;  Breach  of  Truft  ftill  founding 
horrid  in  my  Ears.  Upon  Xuefday  after,  came  one 
Savage,  a  Knight T,  and  Mr.  Carey,  I  know  neithtr 
of  their  Chriftian  Names.  They  faid,  They  were 
fent  by  the  King  to  deliver  a  Letter  to  the  Mayor ', 
and  demanded  Entrance.  I  told  them  I  would  be  re- 
fponfible  it  jhould  be  delivered;  which  I  did:  It  con- 
tained  a  great  Length,  the  chief,  as  I  remember , 
confirming  us  all  Traitors ;  Aggravations  of  my  Of- 
fence ;  and  that  he  had  advert  ifed  his  Parliament  of 
it  to  have  me  punijhed  according  to  my  Demerits  ; 
with  Command  to  the  Townfmen  and  Soldiers  not  to 
obey  me,  nor  to  fuffer  the  Magazine  to  be  removed. 

The  Sheriff^  as  I  hear,  hath  refufed  to  levy  the 
Pofie  Comitatus ;  being,  it  feems,  he  conceives  again/} 
Law.  All  the  Gentry  and  Juftices  are,  as  I  hear, 
fent  for  to  York.  His  Majefty,  at  his  being  at  the 
Walls,  told  me^  If  I  would  not  let  him  in,  he  would 
raife  the  Trained  Bands. 

5/r,  As  I  was  writing  this,  I  received  a  Letter  by 
Mr.  Afkew,/0r  which  I  mitjl  return  my  moji  humble 
Thanks  ;  and  (  God  willing )  the  Parliament  may  rejl 
mojl  affured,  That  there  jhall  not  want  my  utmojl 
Endeavours  faithfully  to  ferve  them  in  my  Life  and 
Fortune.  I  Jhall  defire  you  will  reprefent  to  them  tfa 
abfolute  Necejfity  ofprefent  Monies  infomegoodPro.- 
portion  ;  the  Neceffity  of  Affairs  having  conflrained 
me  to  call  fuch  other  of  the  County  in,  as  I  was  hope- 
ful of  would  be  ajfured  to  mey  though  not  many  yet  : 

So 

r  The  Earl  of  Niivcafile  in  Difguife,  as  mentioned  in  the  (on- 
going Declaration.  Rufi-wortb,  Vol.  IV.  p.  565, 


472     *Ihe  Parliamentary  HISTORY 

An.  1 8.  Car.  I.$<j  a$  if  they  pleafe  to  take  fome  Courfe  for  the  Sea- 

16421         ward^  I  hope  to  give  a  good  Account  of  this  Place. 
V-TVT'~'         /  am  forry  to  write  who  were  the  Men  ;  fcr  there 
were  many  of  thofe  who  tuere  at  the  Parliament 
Door  when  the  King  came  to  the  Houfe. 

Next,  the  Lords  read  a  Petition  from  the  At- 
torney-General, and  ordered  his  Releafement  from 
the  Prifon  of  the  Fleet. 

Proceedin-s  of       ^Pr^  3°'  This  ^a?  tne  Commons  proceeded 

the  Commons  on  further  in  the  Affair  of  the  Kentijh  Petition.     Sir 

the  Kentip  Pe-  fcdivard Dering's  Book  of  Speeches  (on  Occafion  of 

publifhing  whereof  he  had  been  expelled  the  Houfe) 

being latel   reprinted, they refei red  theConfideration 

of  that  Matter  to  a  Committee;  ordered  the  Impref- 

fion  to  be  feized ;  and  alfo  to  inquire  who  printed  the 

faid  Petition,  of  which  feveral  Bundles  of  Copies  had 

been  found  upon  fome  of  the  Petitioners.     But 

Notwitiiftandingthefe  vigorous  Refolutions  of  the 
Houfe  of  Commons,  the  Men  of  Kent  had  the  Cou- 
rage to  come  up  to  London  w  iih  their  Petition :  For 
xve  find  in  the  Journals  the  following  Entry,  '  The 
Hcufe  being  inform'd,  that  divers  Gentlemen  of  the 
'  County  of  Kent  wore  at  the  Door,  that  defired  to 
prefent  a  Petition  10  the  Houfe,  they  were  called  in, 
prefented  their  Petition,  and  then  withdrew  :  And 
their  Petition  was  read,  and  appeared  to  bifthe  fame 
that  was  formerly  burnt,  by  Order  of  both  Houfes, 
by  the  Hands  of  the  common  Hangman.' 

Hereupon  fome  of  the  Petitioners  were  caljed  in, 
and  examined.  Capt.  Lovelace,  who  faid  he  prefer- 
red the  Petition  by  Command  of  the  Gentlemen  af- 
iembled  at  Blackheath^  was  committed  to  the  Gate- 
houfe ;  Sir  William  Boteler,  who  was  alfo  concern'd 
therein,  having  been  at  York  fmce  the  Affizes  at 
Maid/lone ^  was  committed  to  the  Fleet :  But 

The  other  Gentlemen  that  prefented  the  faid. 
Petition  being  called  in,  Mr.  Speaker,  by  Command 
of  the  Houfe,  told  them,  '  The  Houfe  has  confi- 
*  dered  of  the  Petition  that  you  prefented.  And  they 
?  know  you  cannot  be  ignorant  what  Opinion  both 

«  Houfei 


Of    ENGLAND.     473 

*  Houfes  have  formerly  exprefled  of  the  fame  Peti-  An.  iS.  Car.  I, 
'  tion :  Yet  confidering  that  you  are  young  Gentle-        l642« 

<  men,  mified  by  the  Solicitation  of  Come  not  affeft-    ^"^^ 

«  ed  to  the  Peace  of  the  Kingdom  ;  and  that,  how- 

'  foever  they  intend  to  proceed  againft  the  chief 

4  Agents  and  prime  Aclrors  in  this  Bufmefs,  they  arc 

'  willing  that  you  fhould  be  difmilTed  ;  hoping  that 

«  you  may  hereafter  prove  good  Members  of  the     t 

*  Commonwealth. '' 

Two  MefTages  from  the  King  were,  this  Day  al- 
fo,  delivered  totheLordsby  the  Lord- Keeper:  The 
one  about  the  Affair  of  Hull,  and  the  other  con- 
cerning the  Militia  Bill;  which  were  in  h<sc  Vcrba : 

"E  are  fo  much  concern1  din  the  undutiful Affront i^  King's  fe- 
(an  Indignity  all  our  good 'Stibj 'efts  muji  difdain  condMeflage,  de- 
In  our  Behalf)  we  received  fnm  Sir  John  Hotham  S 
at  Hull,  that  -we  are  impatient  till  we  receive 
from  you,  and  are  compelled  to  call  again  for  an  An- 
fwer,  being  confident  (however  you  would  be  fo  care- 
ful^  though  without  ourConfent^  to  put  a  Garrifon  in- 
to that  our  Town,  to  fecure  it  and  our  Magazine  a- 
gainjl  any  Attempt  of  the  Papifts)  that  you  never  in- 
tended to  difpofe  and  maintain  it  againft  us  your  Sove- 
reign :  Therefore  we  require  you  forthwith ',  for  the 
Bufenefs  will  admit  no  Delay ,  that  you  take  fame  fpeedy 
Courje  that  our  f aid  Town  and  Magazine  be  imme- 
diately delivered  up  unto  us  ;  and  that  fuch  fevere 
exemplary  Proceedings  be  againft  thofe  Perfons^  who 
have  offered  us  this  infupportable  Affront  and  Injury, 
as  by  the  Law  is  provided;  and  till  this  be  done,  we 
Jhall  intendno  Bufenefs  whatfoever  other  than  the  Bujl- 
nefs  of  Ireland :  For  if  we  are  brought  into  a  Condition 

f° 

*  Lord  Clarendon  informs  us,  That  this  Petition  was  brought  up 
by  fome  Gentlemen  of  Kent,  with  a  great  Number  of  the  fubftan- 
tial  Inhabitants  of  that  County  ;  that,  upon  the  Alarm,  the  City 
was  put  in  Arms,  and  ftrong  Guards  placed  at  London  Bridge,  where 
the  Petitioners  were  difarm'd,  and  only  fome  few  fuffered  to  pafs 
with  their  Petition  to  Weftminfter,  the  reft  forced  to  return  to  their 
Country.  He  then  proceeds  to  feveral  other  Circumftances  rela- 
ting to  this  very  remarkable  Affair  j  which  we  have  already  men- 
lion'd,  more  at  large,  from  the  Journals, 

Hlji.  Vol.  II.  p.  486. 


474     Tbe  Parliamentary  HISTORY 

An.  18  Car.  l./o  much  worfe  than  any  of  our  Salyeffst  that, 

1642.  y6U  an  enjoy  your  Privileges,  and  may  not  have  yom 
PoJJeJfions  difturbed,  or  your  Titles  quejiioned,  we  only 
may  be  fpoiled,  thrown  out  of  our  Towns,  and  our 
Goods  taken  from  us;  'tis  Time  to  examine  how  we 
have  loft  thofe  Privileges ;  and  to  try  all  pojjibk  Ways, 
ly  the  Help  of  God,  the  Law  of  the  Land,  and  the 
AjfeElion  of  our  good  Subjects,  to  recover  them,  and 
vindicate  ourfelf  from  thofe  Injuries.  And  if  we 
Jhall  mifcarry  herein,  we  foall  be  the  f.rjl  Prince  of 
this  Kingdom  that  hath  done  jo ;  having  no  other  End, 
but  to  defend  the  true  Proteftant  Profejjion,  the  Law 
of  the  Land,  and  the  Liberty  of  the  Subject ;  and 
God  fo  deal  with  us  as  we  continue  in  thefe  Refolu- 
tions. 

Given  at  our  Court  at  York,  April  the  twenty- 
eighth,  1642. 

The  fecond  Meflage,  of  the  fame  Date,  ran 
thus: 


His  Reafons  for  "f^E  have,  with  great  Deliberation  and  Patience, 
refuting  to  pafs  V  V  weighed  and  conjidered  (it  concerning  us  much 
m'to  weigh  the  Conferences  of  every  Law  before  we 
pafs  it)  jour  Bill  lately  fent  to  us  for  the  Settling  of  the 
Militia :  And  though  it  hath  not  been  ufual  to  give 
any  Reafon  for  our  Refufal  to  pafs  any  Bill ;  (it  be- 
ing abfclutely  in  our  Power  to  pafs  or  not  pafs  any  Att 
fent  unto  us  by  you,  if  we  conceive  it  prejudicial  to 
ourfelf,  or  inconvenient  for  our  Subjects,  for  whom 
we  are  trujled,  and  mujl  one  Day  give  an  Account) 
yet  in  this  Bujjnefs  of  the  Militia,  which  being  mifun- 
derjlood  amongjl  our  good  Subjects,  hath  been  ujed  as 
an  Argument,  as  if  we  ^vere  not  vigilant  enough  for 
the  Public  Safety  :  And  leajl  we  Jhould  be  thought  lefs 
conjlant  in  our  Refolutions,  and  this  Bill  to  be  the 
fame  we  fent  unto  you,  we  have  thought  ft  to  give 
you,  and  all  the  World,  particular  Satisfaction  why 
we  cannot,  ought  not,  mujl  not,  pafs  this  Bill;  being 
the  firjl  public  Bill,  to  our  Remembrance,  we  have 
refufed  this  Parliament :  And  therefore  we  muji  com- 
flait))  That  having  exprtjfed  ourfelf  fo  clearly  and  par- 
ticularly 


Of    E  N  G  L  A  N  D.     475 

ficularlytoyou  In  this  Point,  you  Jhould  prefs  anything  An.  18.  Car.  I. 
Upon  us,  which  you  could  not  but  fore  fee  that  we  mujl 
rufufe  ;  except  we  departed  from  thofe  Refolutions^ 
grounded  upon  fo  much  Reafon^  we  had  fo  earneftly 
before  acquainted  you  with^  and  again/I  which  you 
have  not  given  one  Argument  tofatisfy  our  Judgment. 
We  are  pleafed  that  you  have  declined  the  unwar- 
rantable Ccurfe  of  your  Ordinance^  (to  the  which  we 
are  confident  our  good  Subjefts  would  never  have  yield- 
ed Confent)  andchofen  this  only  right  Way  of  impofeng 
on  our  People  >  which  we  would  have  allowed  but  for 
the  Reafon  hereafter  mentioned. 

We  refufed  to  confent  to  your  Ordinance ;  as  for 
other  Things^  fo  far  that  the  Power  was  put  into  the 
Perfons  nominated  therein  by  Direction  of  both  Houfes 
of  Parliament^  excluding  us  from  any  Power  in  the 
J)ifpofition  or  Execution  of  it  together  with  you.  We 
then  advifedyou^for  manyReafons^  that  a  Billjhould 
be  prepared ;  and  after ,  in  our  Anjwer  of  the  twenty- 
fixth  of  March  la  ft  to  the  Petition  of  both  Houfes, 
we  told  you,  If  fuch  a  Bill  Jhould  be  prepared  with 
that  due  Regard  to  us,  and  Care  of  our  People  in 
the  Limitation  of  the  Power  and  other  Circumjlances^ 
•we  'Jhould  recede  from  nothing  we  formerly  exprejfed. 
What  pajjed  (enough  to  have  difcouraged  us  from  be- 
ing further  folicitous  in  that  Argument)  after  our  full 
and  gracious  Anfwers^  we  are  content  to  forget. 

When  wf  refolved  on  our  'Journey  into  Ireland  (fo 
that  by  reafon  of  our  Ab fence  there  might  be  no  want  of 
fettling  thatPower,  bejidescomplyingwith  your  Fears) 
ive  fent,  together  with  a  Mejfage  of  that  our  Purpofet 
a  Bill  for  the  fettling  that  Power  for  a  Year  j  hoping 
in  that  Time  to  return  to  you;  and  being  fur  e  that1  in 
much  lefs  Time^  you  might  do  the  Bufinefs  for  which 
you  feemed  at  firjl  to  defer  e  this  ;  which  was^  That  you 
might  fecurely  confider  our  MeJJage  of  the  twentieth  of 
January  loft.  By  that  Bill  we  consented  to  thofe 
Names  you  propofed  in  your  Ordinance  ;  and^in  theLi- 
mitation  of  the  Power  >  we  provided  that  ourfelf Jhould 
not  be  able  to  execute  any  Thing  but  by  your  Advice  ; 
and  when  we  Jhould  be  out  of  the  Kingdom^  the  fole 
Execution  to  be  in  you ;  with  many  other  Things  offo 

arbitrary 


47  ^     TZtf  Parliamentary  HISTORY 

An.  18.  Car.  I. arbitrary  and  uncircumfcribed  a  Power,   that  we 

i64z.        Jhould  not  have  confented  to,  but  with  Reference  to  the 

.*-7V-— '    Abjence  of  our  own  P  erf  on  out  of  the  Kingdom-,  and 

thought  it  the  more  fuffer able,  in  refpeft  the  Time  was 

but  for  a  Year  ;  whether  this  be  the  Bill  you  have 

•now  fent  us  to  pafs,  let  all  the  World  judge. 

You  have,  by  this  Bill  now  tendered  to  us,  without 
taking  Notice  of  us,  put  the  Power  of  the  whole 
Kingdom,  the  Life  and  Liberties  of  the  Subjetts  of 
fill  Degrees  and  Qualities,  int"  the  Hands  of  parti- 
cular Men  for  two  Yt^rs.  Can  you  imagine  we  will 
truji  fuch  an  absolute  Power  in  the  Hands  of  parti  cu- 
larPerfons^  which  we  rcf:cfed  to  commit  to  bothHoufc-s 
cf  Parliament  ?  Nay,  is  not  the  Power  itfelf  too  ab- 
jolute,  too  unlimited,  to  be  committed  into  any  private 
Hands?  Hath  not  Sir  John  Both  am'*  high  Infolcncy 
Jhewed  us  what  we  may  cxpcR  from  an  exorbitant 
legal  Power,  when  he,  by  a  Povjer  not  warranted  by 
Law,  dares  venture  upon  a  treasonable  Difobedience  ? 

But  we  would  willingly  know  (and  indeed  fuch  an 
Account  in  ordinary  Civility  we  might  have  expecJed) 
why  we  are,  by  this  Afl,  abfoluirly  excluded  from  any 
Power  or  Authority  in  the  Execution  of  the  Militia? 
Sure  your  Fears  and  Jealaujies  are  not  of  fuch  a  Na- 
ture, as  are  capable  of  no  other  Remedy,  than  by 
leaving  us  no  Power  in  a  Point  of  the  great ejl  Impor- 
tance in  which  God  and  the  Law  hath  trujled  us  folely; 
and  which  ive  were  contented  to  Jhare  with  you  by  our 
Bill,  by  putting  it,  and  a  greater,  into  the  Hands  of 
particular  SubjeRs.  What  would  allChriftian  Princes 
think  of  us,  after  we  had  pajfed  fuch  a  Bill  ?  How 
would  they  value  our  Sovereignty  ?  And  yet  fure  our 
Reputation  with  foreign  Princes  is  Jome  Ground  of 
your  Security:  Nay,  we  are  confident,  by  that  Time 
you  have  thoroughly  confidered  the  pojjible  Confequence 
cf  the  Bill  upon  yourf elves,  and  the  rejl  of  our  good 
Suljefts,  you  and  they  will  give  us  Thanks  for  not  con- 
fenting  to  it;  finding  their  Condition,  had  it  pajfed,  not 
to  have  been  fo  pleafmg  unto  them.  We  hope  this 
Animadverfion  will  be  no  Breach  of  your  Privileges 
in  this  Throng  of  Bufinefs,  and  Dijlemper  of  Affec- 
tions : 


Of     ENGLAND.     477 

tions:  "Tis  pojfible  fecond  Thoughts  ?nay  prefent  fame- An.  18   Car. 
what  to  your  Confederations  which  efcaped  you  before.        1642. 

We  pafjed,  this  Parliament,  at  your  Entreaty,  a  L-^v^"" 
Bill  concerning  the  Captives  of  Algiers  ;  and  waved 
many  Objections  of  our  own  to  the  contrary,  upon. 
Information  that  the  Bu/:nefs  hath  been  many  Months 
ccnfidered  by  you.  Whether  it  prove  fuitable  to  your 
Intentions,  or  whether  you  have  not,  by  fame  private 
Orders,  fi'.fpendsd  that  Aft  of  Parliament,  upon 
View  of  the  IVLijlakings,  you  bejl  know  ;  as  like- 
wife  what  other  great  Alterations  you  have  made  in 
other  Bills  pajfed  this  SeJJion.  We  cannot  pafs  over 
the  putting  their  Names  out  of  this  Bill  whom,  be- 
fore, you  recommended  ti  us  in  your  Ordinance ;  it 
feems  not  thinking  ft  to  truji  thofe  who  would  obey 
no  Guide  but  the  Law  of  the  Land ;  (we  imagine 
you  would  not  wijh  we  Jhould,  in  our  EJiimation  of 
ethers,  follow  that  your  Rule)  and  the  leaving  out, 
by  fpecial  Provifion,  the  prefent  Lord  Mayor  of 
London,  as  a  Perfon  in  your  Disfavour  ;  whereas 
we  mujl  tell  you,  his  Demeanor  has  been  fuch,  that 
the  City  and  the  whole  Kingdom  is  beholden  to  him 
for  his  Example.  ' 

To  conclude.  We  do.  not  find  ourfelf  pojjeffed  of 
fuch  an  Excefs  of  Power,  that  it  is  fit  to  transfer,  or 
confent  it  Jhould  be  in  other  Perfons,  as  is  directed  by 
this  Bill :  And  therefore  we  Jhall  rely  upon  that  Royal 
Right  and  Jurifdiftion,  which  God  and  the  Law 
hath  given  us,  for  the  fupprejjing  of  Rebellion,  and 
reft/ling  foreign  Invafeon,  which  hath  preferved  this 
Kingdom  in  the  7  ime  of  ail  our  Anceftors,  and  which 
we  doubt  not  but  we  foall  be  able  to  execute  :  And 
not  more  for  our  own  Honour  and  Right,  than  for 
the  Liberty  and  Sufety  of  our  People ,  we  cannot 
confent  to  pafs  this  Bill. 

The  two  foregoing  Meflages  being  read,  the 
Lords  took  them  both  into  ferious  Co»fideration, 

and 

t  Sir  Richard  Courney,  who  had  remarkably  diftinguiflied  him- 
felf  againft  the  Tumults  raifed  about  the  Time  of  pafling  the  Earl 
of  Stafford's  Bill.  He  was  afterwards  removed  from  his  Office  of 
Lord  Mayor,  &ct  by  the  Parliament,  as  will  appear  in  the  Sequel, 


478     ffle  Parliamentary  HISTORY 

An.  18.  Car.  I.  and  refolved  to  have  a  Conference  with  the  Com- 
1642.        mons  about  them.     Accordingly  they  difpatched  a 
v-- "V7— -'    Meflage  down  to  that  Houfe,  to  defire  a  Confe-1- 
Aprll>        rence  on  two  MefTages  from  the  King,  of  the  high- 
A  Conference    eft  Confequence  they  had  ever  yet  received.     The 
thereupon.         Lord-Keeper  was  appointed  to  open  the  Confe- 
rence, and  the  Earl  of  E/fix  to  tell  the  Commons^ 
That  this  Houfe  conceived  thefe  Mefiages  proceed-' 
ed  from  the  deftru&ive  Counfels  and  Advice  of  evil 
and  wicked  Men  about  the  King  ;  therefore  to  de- 
fire  them  that  the  Parliament  might  fpeedily  con- 
fider  of  naming  thofe  ill  Counfellors  j  and  that  fome 
Courfe  may  be  taken  to  have  them,  wherefoever 
they  are  within  the  King's  Dominions,  that  fo  they 
may  be  brought  to  condign  Punimment. 

This  Conference  being  held,  and  the  Commons 
returned  to  their  own  Houfe,  they  foon  after  fent 
up  a  Meflage  to  the  Lords,  importing,  That  they 
did  agree  in  the  Matter  of  the  laft  Conference,  about 
the  King's  two  Meflages  ;  and  had  appointed  a 
Commit  ee  of  their  Members  to  join  with  another 
of  the  Lords,  to  confider  what  was  fitting  to  be 
clone  in  this  Bufinefs ;  with  a  larger  Power  to  take 
into  Confideration,  alfo,  any  Thing  elfe  which 
concerns  the  Safety  of  the  Kingdom  ;  and  that  they 
might  meet  immediately. 

Alfo  the  Houfe  of  Commons  defired  their  Lord- 
fhips  would  put  the  Ordinance  of  both  Houfes  of 
Parliament,  for  fettling  the  Militia,  into  prefent  Exe- 
cution. The  Lords  agreed  to  both  thefe  Articles, 
Several  Lord-  and  ordered  accordingly  :  Notwithstanding  which 
Lieutenants  re-  the  Execution  thereof  went  on  but  flowly  ;  fome  of 
t^ie  Lords  appointed  Lieutenants  therein,  not  be- 
ing  very  fond  of  their  new  Offices.  For  we  find, 
by  the  Lords  Journals,  that  the  Marquis  of  Hert- 
ford^ who  had  been  nominated  Lieutenant  of  the 
County  of  Somerfet)  fent  a  Meflage  to  the  Lords, 
That  he  {hould  be  very  glad  to  obey  the  Houfe, 
and  to  fen'e  the  Commonwealth  in  what  he  may  ; 
but  defired,  at  this  Time,  to  be  excufed  accepting 
of  the  Lieutenancy,  for  this  Reafon,  That  he  was 

not 


Of    ENGLAND.    479 

not  at  the  Debate  of  the  Militia,  and  therefore  is  An.  jS.  Car.  I. 
utterly  ignorant  of  what  patted  in  it;  and  that  un-  *  ^^ 
lefs  the  King  gives  his  Confent  to  it,  he  hopes  their  ^^^ 
Lordfhips  will  not  impofe  it  upon  him :  Hereupon 
the  Earl  of  Bedford  was  appointed  in  his  Place. — 
The  Lord  Strange  deilring  to  be  excufed  from  ac- 
cepting the  Lieutenancy  of  Ckejhire,  and  the  Earl 
of  Cumberland  that  of  Weftmoreland^  the  Lord 
Vifcount  Say  and  Sele  was  nominated  to  the  one, 
and  Lord  Haftings  to  the  other. — The  Earl  of  Lin- 
coln declared  himfelf  ready  to  obey  the  Commands 
of  Parliament;  but,  in  regard  that  no  Counties  were 
divided  but  that  of  Lincoln,  he  defired  to  be  excufed: 
Hereupon  the  Lord  WlUougbbj  of  Parham  was  ap- 
pointed Lieutenant  of  that  whole  County. — The 
Lord  Paget^  alfo,  who  had  accepted  the  Lieute- 
nancy of  Buckinghamjbire,  (and  even  appointed  his 
Deputies,  as  Mr.  Whitlocke  informs  us)  threw  up 
his  Commiffion.  This  Lord  had,  moft  zealoufly, 
concurred  with  the  Parliament  in  all  their  lateMea- 
fures  :  And  the  Reafons  for  his  fudden  Change  of 
Conduct  will  appear,  from  his  own  Letter,  in  the 
Sequel. 

Another  Conference  was  this  Day  held  between 
the  two  Houfes,  in  which  the  Commons  prefented 
a  fecond  Declaration  which  had  pafled  their  Houfe, 
to  which  they  defired  the  Lords  Concurrence.  It 
was  to  this  Effect: 

'  i^THHE  Lords  and  Commons  in  this  prefent  Par- The  Parlia- 
c     A     liament,    being  informed  that,  upon  the  J££atf0Tcot 
«  twenty-third  of  this  Inftantyfyr/7,  his  Majefty  re-  Cernbg  Hull. 
'  paired  to  the  Town  of  //«//,  and  demanded  it  to 

*  be  delivered  up  to  him  ;  and  being  denied  by  Sir 
'  JohnHotbamy  appointed  by  both  Houfes  ofParlia- 
'  ment  to  keep  that  Town,  for  the  Safety  and  Peace 
e  of  the  Kingdom,   his  Majefty  faid,  That  if  Sir 
'  John  Hotham  would  not  let  him  into  the  Town,  be 

*  would  raife  the  Trained  Bands  and  force  him  to  it. 

*  And  being  further  informed,  That,  fhortly  after, 
'  the  Sheriff  of  Yorkjhire  did  receive  aMeflage,  inti- 

*  mating 


480     The  Parliamentary  HISTORY 

An.  18.  Car.  I. '  mating  a  Command  from  his  Majefty  to  raife  the 

164:.        «  Trained  Bands  and  Power  of  the  County ;  and 

*— • -v~— J    <  that  the  Juftices  of  the  Peace,  and  Gentlemen  of 

Apnl*        '  it,  have  been  fummoned  to  attend  his  Majefty  at 

*  York,  as  they  have  Caufe  to  believe,  for  the  fame 
'  Purpofe;  to  the  great  Terror  of  his  Majefty'sSub- 

*  jects  in  thofe  PartSj  and  the  Difturbance  of  the 
'  "Public  Peace  :  The  Lords  and  Commons  do  de- 

*  clare,  That  the  faid  Command  to  the  Sheriff,  and 

*  the  Summoning  the  Juftices  of  Peace,  &c.  to  the 
'  Purpofe  aforefaid,  is  againft  theLawsoftheLand, 

*  and  the  Liberty  of  the  Subject;  and  very  deroga- 

*  tory  from  the  Honour  and*Power  of  the  Parlia- 
'  ment,  now  fitting,   being  his  Majefty's   Great 

*  Council,  and  moft  ready  and  willing  to  advife  and 
'  affift  him  in  all  Things  that  may  tend  to  the  Ho- 
'  nour  and  Safety  of  his  Perfori,  the  Weal  and 

*  Happinefs  of  the  Church  and  State. 

*  And  they  further  declare,  That  if  any  Perfons 
'  whatfoever,  in  the  faid  County  of  York^  or  elfe- 

*  where,  fhall  advife  or  aflift  in  the  raifmg  of  any 
'  Forces  to  the  Purpofe  above,  they  (hall  be  deem- 

*  ed  as  Difturbers  of  the  Common  Peace,  and  Ene- 

*  mies  to  the  King  and  State  ;    and  fliall  receive 

*  fuch  fevere  Punilhments  as,  by  the  Laws  of  this 
e  Land,  are  to  be  inflicted  on  Offenders  of  fuch 

*  high  Nature* 

May  2.  A  Conference  was  held  this  Day,  be- 
tween the  two  Houfes,  at  the  Defire  of  the  Com- 
mons, the  Report  of  which  was  made  by  the  Lord- 
Keeper,  to  this  Effeft,  «  That  they  prefented  a 
Narrative,  drawn  by  John  Rujhwerth^  one  of  the 
Clerks  of  the  Houfe  of  Commons,  of  fome  Mat- 
ters which  came  to  his  Knowledge,  when  he  was 
at  Hull,  where  he  was  fent  by  the  Houfe.  u  Next, 
they  prefented  to  their  Lordfhips  Confideration  a 
Petition  delivered  to  his  Majefty,  by  fome  of  the 

Knights, 

o  It  does  not  appear  by  the  Jcurnals  what  this  Narrative  war, 
the  Entry  therein  being  only  thus,  '  Mr.  Rufai-crtb  gives  an  Ac- 

*  count  to  the  Houfe  of  his  Journey  to  Tork  and  Hull  *  *  *  * 


Of    E  N  G  L  A  N  D,      481 

Knights,  Gentry,  and  Freeholders  of  the  County  An.  18.  Car.  I< 
of  York. 

This  Petition  was  framed  on  a  different  Syftem 
from  the  laft;  reprefenting  that  as  the  Work  of  a 
few  Gentlemen  only,  who  took  upon  them  to  an~  A  Counter-Peti- 
ticipate  the  Demonftrations  of  Duty,  which  they  tion  to  the  King 
were  informed  both  Houfes  were  preparing  to  layfr°m  others  of 
before  the  King,  for  his  Refolutions  thereupon,  di-  Q^°rk§^ 
rectly  oppofite  to  the  Petition  from  Parliament  a- 
bout  removing  the  Magazine  from  Hull,,  and  tend- 
ing to  foment  Divifions  between  the  King  and  his 
great  Council.     They  defired  his  Majefty  to  ap- 
ply himfelf  to  all  good  Ways  of  Union ;  that  thofe 
Duties,  which,  by  the  Laws  of  God  and  Man,  they 
owed,  and  which  were  exprefled  in  their  laft  Pro- 
teftation,  might  not  become  a  divided  Propofition  5 
iince  the  Defence  of  his  Majefty's  Perfon,  Honour* 
and  Eftate,  the  Power  and  Privileges  of  Parliament, 
and  the  lawful  Rights  and  Liberties  of  the  Subject, 
taken  jointly,  did  all  fervc  to  ftrengthen  each  other, 
which  they  would  equally  labour  to  preferve  to  the 
utmoft  of  their  Powers,  Lives,  and  Eftates. 

After  this  were  read  fome  Propofitions  made  by 
the  King  to  thofe  Torkfmre  Gentlemen,  and  their 
Anfwer  to  them.  The  Subftance  of  the  firil  was, 
To  know  whether  they  would  defend  his  Majefty's 
Royal  Perfon  from  Violence,  according  to  their 
Duty,  or  not?  And  to  have  their  Advice  concern- 
ing his  not  being  admitted  into  his  Town  of  Hull, 
how  his  Majefty  may  be  vindicated  in  his  Honour 
for  the  Affront;  and  how  he  may  be  put  in  PoiTef- 
fion  of  his  own.  To  which  they  anfwered, 

May  it  pleafe  your  moft  Sacred  Majefly, 

WE  fhall  be  ready  to  defend  your  Majefty's  Who  advifc  him 
Perfon  from  Violence,  by  all  fuch  Ways  rn°  h,carken  to  hls 
i          TV        i-i  *ir       i     Parliament, 

as  the  Laws  and  our  Duty  bind  us :    And  for  the 

Means  to  vindicate  your  Maj-eftv's  Honour,  and 
put  you  into  Poffeflion  of  your  own,  we  conceive 
the  beft  Advice  we  can  offer  is,  humbly  to  defire 
your  Majefty  to  hearken  to  the  Counfel  of  the 
VOL.  X.  H  h  « Par- 


482     T/v  Parliamentary  HISTORY 

An.  is.  Car.l.*  Parliament;    who,  we  allure  ourfelves,  will  be 
t  careful  of  your  Majefty's  Ferfon  and  Honour, 

*  and  to  whom  you  have  been  pleafed  to  direft  a 
«  Meffage.' 

On  Confideration  of  thefe,  the  Commons  faid, 

*  That  they  defired  the  Lords  to  join  with  them  in 
returnin'r  Thanks  to  the  Yorkjbire  Gentry,  for  their 
Conduct  in  this  Affair,  and  efpecially  to  the  then 
High-Sheriff,   Sir  Richard  Button,    *   Sir  Henry 
Cholmley,  and  Mr.  Pel/jam,  two  Members  of  their 
Houfe.     Likev»ife  the  Commons  faid  it  was  tit 
and  neceflary  to  lend  down  Ibme  of  their  Members, 
as  a  Committee,  into  York/hire,  with  Instructions 
from  both  Houfes ;  and  they  leave  it  to  their  Lord' 
fhips  Judgment,  whether  they  would  fend  any  Mem- 
bers of  their  Houfe  to  join  with  them.  JL/7/?/y,They 
defired  that  the  Committee  of  both  Houfes,  laft  ap- 
pointed, might  meet  and  expedite  the  Anfwer  to  the 
King's  two  laftMeffages  concerning  Hull,  &c.' 

A  Committee  of     All  this  was  agreed  to  by  the  Lords ;  and  the 
both  Houfes  aP-  LOTd  Reward  of  Eferui  was  appointed  to  go  with 

pointed  to  go  in-      ,^,  ^  r    u     r~<  -v/ 

loYorkjhire.       a  Committee  of  the  Commons  to  York. 

The  fame  Day  the  Relation  of  a  great  Victory, 
obtained  by  the  Englijh  againft  the  Rebels  in  Lein- 
Jler,  was  read  in  the  Houfe  of  Commons,  and  or- 
dered to  be  forthwith  printed.     Mr.  Pynme  was 
alfo  defired  to  prepare  a  Letter,  to  be  lent  to  the 
Earl  of  Ormond,  in  Acknowledgment  of  his  great 
The  Earl  of  0^  Service  done  therein.     The  Commons  afterwards 
wowJ'sSuccefs  in  ordered  fco/.  to  be  laid  out  in  a  Jewel  as  a  Prefent 
Ireland.  to  jjjs  Lcr^fhip;   and  Mr.  Goodwin  was  fent  to  the 

Lords,  to  defire  them  to  join  in  a  Petition  t6  the 
King  to  make   the  faid  Earl  a   Knight  of  the 
.  Garter. 

A  Proclamation  was  ifTued  out  by  the  Lords,  in 
the  King's  Name,  to  fummon  George  Lord  Digby 

to 

*  This  was  Sir  RUbard llutton  of  Gold/brough,  called  Judge  Hut- 
tons  The  Knight  of  the  fame  Name,  who  fign'd  the  former  Peti- 
tion, was  Hut;™  of  Marjkt)  or  Itffittoo,  Son  to  Abp.  Hutton. 


Of    E  N  G  L  A  N  D.       483 

to  appear  and  anfwer  to  his  Impeachment,  on  the  An.  18.  Car.  t. 
l8th  Inft.  fub  Patna 


May  3.    Nothing  of  Momentdone  in  theHoufe  a/< 

of  Lords,  but  pafling  the  Tonnage  and  Poundage 
Bill  by  Commifiion. 

May  ^.  The  Commons  fent  up  a  Bill,  intitled, 
An  Aft  for  the  Forfeiture  of  the  Lunch  and  E/iates^ 
and  for  the  Punijhment  of  John  Arcbbijhop  of  York, 
with  the  reft  of  the  Bijhops^  formerly  impeached  by 
them  of  High  Treafon;  which  was  read  u  firft  Time 
by  the  Lords.  And 

Mr.  Pymme  brought  up  an  Anfwer  to  the  King's 
two  laft  MefTages  about  Hull,  as  alfo  Inftruclions 
to  be  given  to  the  Parliament's  Commiflioners  for 
Yorkjhlre^  to  all  which  they  defiled  their  Lordfhips 
Concurrence.  Thefe  were  both  read,  but  were 
not  agreed  to  this  Day. 

May  5.     On  the  humble  Petition  of  the  twelve  The  Impeached 
Biftiops,  imprifoned  now  in  the  Tower  above  eigh-  Bifljops  bailed. 
teen  Weeks,  they  were  releafed  by  the  Lords,  this  % 
Day,  upon  Bail.     The  Archbifhop  of  York  and  his 
Sureties  were  bound  in  5000  1.  and  he  ordered  not 
to  go  to  his  Diocefe  during  the  Difturbances  in 
that  County. 

The  Lords  having  confidered  the  Commons  De- 
claration concerning  the  Militia,  made  fome  fmall 
Amendments  to  it  ;  which  being  agreed  to,  it 
was  this  Day  read  in  the  Houfe  of  Lords  in  b&c 
Verba: 

HE  Lords  and  Commons  holding  it  necef-The  Parlia- 


fary,  for  the  Peace  and  Safety  of  this  King-  J 

*  dom,  to  fettle  the  Militia  thereof,  did,  for  thatRefUfai  to  pafs 
4  Purpofe,  prepare  anOrdinance  of  Parliament  ;  and,  the  Militia  Bill  5 

*  with  all  Humility,    did  prefent  the  fame  to  his 

*  Majefty  for  his  Royal  Aflent  ;   who,   notwith- 
'  {landing  the  faithful  Advice  of  his  Parliament,  and 

H  h  2  'the 


484      The  Parliamentary  HISTORY 

1  the  feveral  Reafons  offered  by  them  of  the  Neccf- 

*"lty  tnere°f>  f°r  the  ^curing  of  his  Majefty's  Per- 

c  fon,  and  the  Peace  and  Safety  of  his  People,  did 

'  re rule  to  give  his  Confent ;  and  thereupon  they 

*  were  neceffitated,  in  Difcharge  of  the  Truft  re- 
'  pofed  in  them  as  the  Representative  Body  of  the 

*  Kingdom,  to  make  an  Ordinance,  by  Authority 
4  of  both  Houfes.,  to  fettle  the  Militia,  warranted 
'  thereunto~by  the  Fundamental  Laws  of  the  Land  : 
'  His  Majefty  taking  Notice  thereof,  did,  by  feve- 

*  ralMeflages,  invite  them  to  fettle  the  fame  by  Ac  I 
'  of  Parliament ;    affirming  in  his  Mefiage,    fent 

*  in  Anfwer  to  the  Petition  of  both  Houfes,  pre- 
«  fented  to  his  Majefty  at  York  the  26th  of  March, 

*  That  he  always  thought  necejjary  the  fame  Jhould 
c  be  fettled,  and  that  he  never  denied  the  Thing ,  only 
e  denied  the  Way ;  and  for  the  Matter  of  it,  took  Ex- 
*•  ceptions  only  to  the  Preface,  as  a  Thing  not  /landing 

*  tuitb  his  Honour  to  conjent  to ;  and  that  Inmjelfwas 
'  excluded  the  Execution,  and  for  a  Time  unlimited: 
'  Whereupon  the  Lords  and  Commons  (being  de- 
'  firous  to  give  his  Majefty  all  Satisfaction  that 
'  might  be,  even  to  the  leaft  Tittle  of  P'orm  and 

*  Circumftance )   when  his  Majefty  was  pleafed 

*  to  offer  them  a  Bill  ready  drawn,  did,  for  no  o- 
'  thcr  Caufe  than  to  manifest  their  hearty  Affe6tion 
'  to  comply  with  his  Majefty's  Defires  and  obtain, 
'  his  Confent,  entertain  the  fame;  and  in  the  mean 
'  Time  noway  declining  their  Ordinance,  and  to 
'  exprefs  their  earneft  Zeal  to  correfpond.  with  his 
'  Majefty's  Defire  (in  all  Things  that  might  confift 

*  with  the  Peace  and  Safety  of  the  Kingdom,  and 

*  the  Truft  repofed  in  them)  did  pafs  that  Bill  ; 
'  and  therein  omitted  the  Preamble  inferted  before 
'  the  Ordinance,  limited  the  Time  to  lefs  than  two 
'  Years,  and  confined  the  Authority  of  the  Lieutc- 

*  nants  to  thefe  three  Particulars,  namely,  Rebel- 
'  lion,  Infurreclion,  and  fo reign  Invafion;   and  re- 
*.  turn'd  the  fame  to  his  Majefty  for  his  Royal  Aflent. 

'  But  all   thefe   Expreffions   of  Affeclion   and 

*  Loyalty,  all  thefe  Defires  and  earneft  Endeavours 

'to 


Of    E  N  G  L  A  N  D.       485 

4  to  comply  with  his  Majefty,  have,  to  their  great  An.  18   Car.  l. 

*  Grief  and  Sorrow,  produced  no  better  EffecT:  than        1642. 

'  an  abfolute  Denial  even  of  that  which  his  Maje-    v— — v- — ' 

*  fty,  by  his  former  Meflages  as  we  conceive,  had         Ma:/* 

*  promifed  ;  the  Advice  of  evil  and  wicked  Couir- 
v  fels  receiving  ftill  moreCredit  with  him  than  that 

*  of  his  great  Council  of  Parliament,  in  a  Matter 

*  of  fo  high  Importance,  that  the   Safety  of  his 
1  Kingdom,  and  the  Peace  of  his  People,  depends 

*  upon  it. 

*  But  now,  what  muft  be  the  Exceptions  to  this 
'  Bill  ?  Not  any  fure  that  was  to  the  Ordinance  ; 

*  for  a  Care  was  taken  to  give  Satisfaction  in  all 
'  thofe  Particulars.    Then  the  Exception  was,  Be- 
6  caufe  that  the  Difpofmg  and  Execution  thereof 
'  was  referred  to  both  Houfes  of  Parliament,  and 

*  his  Majefty  excluded  :  And  now,  That,    by  the 
'  Bill,  the  Power  and  Execution  is  afcertained  and 

*  reduced  to  Particulars,  and  the  Law  of  the  Realm 
c  made  the  Rule  thereof,  his  Majefty  will  not  truft: 
'  the  Perfons :  The  Power  is  too  great,  too  unli- 
'  mited   to  truft  them  with.     But  what  is   that 
'  Power  ?  Is  it  any  other,  but  in  exprefs  Terms  to 

*  fupprels  Rebellion,  Infuncclion,  and  foreign  In- 

*  vafion  ?  And  who  are  thofe  Perfons  ?  Arc  they 

*  not  fuch  as  were  nominated  by  the  great  Council 
'  of  the  Kingdom,  and  affented  to  by  his  Majefty  ? 
'  And  is  it  too  great  a  Power  to  truft  thofe  Perfons 

*  with  the  Suppreffion  of  Rebellion,  Infurrection, 

*  and  foreign  Invafion  ?    Surely  the  moft  wicked  or" 

*  them  that  advifed  his  Majefty  to  this  Anfwer  can- 
'  not  fuggeft  but  that  it  is  neceflary,  for  the  Safety 
'  of  his  Majefty's  Royal  Perfon  and  the  Peace  of 
c  the  Kingdom,  fuch  a  Power  fhould  be  put  in  fomc 
'  Hanas  ;  and  there  is  no  Pretence  or  Exception 

*  to  the  Perfons. 

'  His  Majefty,  for  the  Space  of  above  fifteen 

*  Years  together,  thought  not  a  Power  far  exceed- 
'  ing  this  to  be  too  great  to  intruft  particular  Per- 
'  fons  with,  to  whole  Will  the  Lives  and  Liberty 
'  of  his  People,  by  Martial  Law,  were  made  fubjecl:; 

H  h  3  « for 


486     'The  Parliamentary  HISTORY 

,s>  Car  T<  for  fuch  was  the  Power  given  to  Lord-Lieutenants 

«u'-.'  '  '*  and  Deputy- Lieutenants  in  every  County  of  this 

— -v— —>    '  Kingdom,  and  that  without  Confent  of  his  People 

May-         '  or  Authority  of  L?.\v:  But  now,  in  cafe  of  extrcam 

4  Neccility,  upon  the  Advice  of  both  Houfes  of  Par- 

4  liamcnt,  for  no  longer  Space  than  two  Years,  a 

4  lelTer  Power,  and  that  for  the  Safety  of  King  and 

4  People,  is  thought  too  great  to  truft  particular 

*  Perfons  with,  tho'  named  by  both  Houfes  of  Par- 
4  liament,  and  approved  of  by  his  Majefty  himfelf. 

4  And  furely,  if"  there  be  a  Neceflity  to  fettle  the 
4  Militia,  (which  his  Majefty  was  pleafed  to  con- 
4  fefs)  the  Perfons  cannot  be  intruded  with  lefs 
'  Power  than  this  to  have  it  at  all  effectual.  And 
4  the  Precedents  of  former  Ages,  when  there  hap- 
4  pened  a  Neceflity  to  raife  fuch  a  Power,  never 
4  ftraitened  that  Power  to  a  narrower  Compafs  j 
4  witnefs  theCommiffions  of  Array  infeveral  Kings 

*  Reigns,  and  often  ifiiied  out  by  the  Confent  and 
4  Authority  of  Parliament. 

4  The  Lords  and  Commons  therefore,  intruded 
4  with  the  Safety  of  the  Kingdom  and  Peace  of  the 
4  People,  (which  they  call  God  to  witnefs  is  their 
4  only  Aim)  finding  themfelves  denied  thefe  their 
4  fo  neceflary  and  juft  Demands,  and  that  they  can 
4  never  be  difcharged  before  God  or  Man,  if  they 
4  fliould  fuffer  the  Safety  of  the  Kingdom  and  Peace 
4  of  the  People  to  be  expofed  to  the  Malice  of  the 
4  malignant  Party  at  home,  or  the  Fury  of  Ene- 
4  mies  from  abroad  :  And  knowing  no  other  Way 
4  to  encounter  the  imminent  and  approaching  Dan- 
4  gcr,  but  by  putting  the  People  into  a  fit  Podure 
'  of  Defence,  do  refblve  to  put  their  faid  Ordinance 
4  in  prefent  Execution  ;  and  do  require  all  Perfons 
4  in  Authority,  by  virtue  of  the  laid  Ordinance, 
4  forthwith  to  put  the  fame  in  Execution,  and  all 
4  others  to  obey  it,  according  to  the  Fundamental 
4  Laws  of  the  Kingdom  in  fuch  Cafes ;  as  they  tcn- 
4  der  the  Upholding  of  the  true  Proteftant  Religion, 
4  the  Safety  of  his  Majcfty's  Perfon  and  his  Royal 
4  Pofterity,  the  Peace  of  the  Kingdom,  and  the 

*  Being  of  this  Commonwealth.' 

This 


Of    ENGLAND.      487 

This  Declaration  was  ordered  to  be  forthwith  An.  iS.  Car.  I, 
printed  and  publimed,  and  Warrants  were  iiTued  for 
exercifing  the  Militia,  throughout  the  Kingdom.  y 

Next,  the  Anfwcr  to  the  King's  two  MefTages 
about  Sir  "John  Hot  ham  and  Hull  was  read,  and  the 
Commiffioners  Inftrudlions  ;  which  were  both  as 
follows  : 

The  mojt  HUMBLE  ANSWER  of  the  LORDS  and 
COMMONS  in  Parliament  to  tivo  Meffages  from 
your  Sacred  Majejly,  concerning  Sir  John  Ho- 
tham'5  Refttfal  to  give  your  Majefty  Entrance 
into  the  Town  of  Hull. 

«  TT'OUR.  Majefty  may  be  pleafed  to  underftand,  And  to  his  Mef- 

*  If      that  we,  your  great  Council,  finding;  ma-£6"  Concerning 

f      -iii-'i  r      i  -1      j    'f>          r  i  .Sit  Join  HotbatK. 

'  nitold  Evidences   of  the  wicked  Counfels  ana     ' 

*  Practices  of  fome  in  near  Truft  and  Authority 
4  about  you,  to  put  the  Kingdom  into  a  Combuf- 
'  tion,   by   drawing  your  Majefty  into  Places  of 
4  Strength,  remote  frrom  your  Parliament ;  and  by 
'  exciting;  your  People  to  Commotions,  under  Pre- 

*  tence  of  ferving  your  Majefty  againft  your  Par- 
4  liament :  Left  this  malignant  Party,  by  the  Ad- 
c  vantage  of  the  Town  and  Magazine  of  Hull, 

*  mould  be  enabled  to  go  through  with  their  mif- 
'  chievous  Intentions,  did  (in  Dilcharge  of  the  grc^t 

*  Truft  that  lies  upon  us,  and  by  that  Power  which, 
'  in  Cafes  of  this  Nature,  refides  in  us)  command 
'  the  Town  of  Hull  to  be  Secured  by  a  Garrifon  of 

*  the  adjoining  Train'd  Bands,  under  the  Govern- 

*  ment  of  Sir  "fobn  Hotba?n  ;  requiring  him  to  keep 
'  the  fame  for  the  Service  of  your  Majefty  and  the 
'  Kingdom  ;  wherein  we  have  done  nothing  con- 

*  trary  to  your  Royal  Sovereignty  in  that  Town, 
'  or  legal  Property  in  the  Magazine.     Upon  Con- 

*  fideration  of  Sir  John  Hotham's  Proceedings   at 
'  your  Majefty's  being  there,  we  have,  upon  very 

'  good 

y  Lord  Clarendon  obferves  hereupon,  That  this  being  the  firit 
Order  for  Printing,  without  a  previous  Communication  or  Prefcnt- 
ment  to  the  King,  his  Majefty  was  much  troubled  how  to  'take 
proper  Notice  of  it.  Vol.  II.  8vj.  p.  5zi, 


488     The  Parliamentary  HISTORY 

An.  iS.  Car.  I.'  good  Grounds,  adjudged,  That  he  could  not  dif- 

1642.        '  charge  the  Truft  upon  which,  nor  make  good  the 

*•— •V-'J    <  End  for  which,  he  was  placed  in  the  Guard  of 

May<         '  that  Town  and  Magazine,  if  he  had  let  in  your 

'  Majefty,  with  fuch  Counfellors  and  Company  as 

*  were  then  about  you. 

*  Wherefore,    upon    full    Refolution    of   both 
e  Houfes,  we  have  declared  Sir  John  Hotbam  to  be 
'  clear  of  that  odious  Crime  of  Treafon  ;  and  have 

*  avowed,  That  he  hath  therein  done  nothing,  but 
'  in  Obedience  to  the  Commands  of  both  Houfes  of 

*  Parliament;  afiuring  ourfelves,  that,  upon  mature 

*  Deliberation,  your  Majefty  will  not  interpret  his 

*  Obedience  to  fuch  Authority  to  be  an  Affront  to 
'  your  Majefty  ;  or  to  be  of  that  Nature  as  to  re- 

*  quire  any  Juftice  to  be  done  upon  him,  or  Satif- 

*  faction  to  be  made  to  your  Majefty  ;  but  that  you 
'  will  fee  juft  Caufe  of  joining  with  your  Parlia- 
'  ment,  in  preferving  and  fecuring  the  Peace  of  the 
6  Kingdom  ;  fuppreffing  this  wicked  and  malignant 

*  Party,  who,  by  falfe  Colours  and  Pretenfions  of 
'  maintaining  your  Majefty 's  Prerogative  againit 
'  the  Parliament,  wherein  they  fully  agree  with  the 
'  Rebels  in  Ireland^  have  been  the  Caufe  of  all  our 

*  Diftempers  and  Dangers. 

*  For  Prevention  whereof  we  know  no  better 

*  Remedy,  than  fettling  the  Militia  of  the  King- 
'  dom  according  to  the  Biil  which  we  have  fent 
'  your  Majefty  ;  without  any  Intention  of  defert- 
'  ing  or  declining  the  Validity  orObfervanceof  that 

*  Ordinance,  which  paft  both  Houfes  upon  your 

*  Majefty 's  former  Refufal ;  but  we  ftill  hold  that 

*  Ordinance  to  be  effectual  by  the  Laws  of  this 

*  Kingdom. 

*  And  we  fhall  be  exceeding  glad  if  your  Ma- 
'  jefty,by  approving  thefe  our  juft,  dutiful,  and  ne- 

*  ceffary  Proceedings,  fhall  be  pleafed  to  entertain 
6  fuch  Counfel,  as  we  aflure  ourfelves,  by  God's 
c  Blefling,  will  prove  very  advantageous  for  the 
'  Honour  and  Greatnefs  of  your  Majefty,  and  the 

*  Safety  and  Peace  of  your  People  ;  amongft  which 

*  we  know  none  more  likely  to  produce  fuch  good 


Of    ENGLAND.      489 

Effects,  than  a  Declaration  from  your  Majefty  of  An.  18.  Car.  I, 
your  Pur pofe  to  lay  afide  all  Thoughts  of  going         l642' 
into  Ireland ;  and  to  make  a  fpeedy  Return  into    ^"Tju*** 
thefe  Parts,  to  be  near  your  Parliament :  Which, 
as  it  is  our  moft  humble  Defire  and  earneft  Peti- 
tion, fo  fhall  it  be  feconded  with  our  moft  dutiful 
Care  for  the  Safety  of  your  Royal  Pcrfon  ;  and 
conftant  Prayers  that  it  may  prove  honourable 
and  fuccefsful,  in  the  Happinefs  of  your  Majefty 
and  all  your  Kingdoms.' 

INSTRUCTIONS  for  Edward  Lord  Howard,  Ferdi- 
nando  Lord  Fairfax,  Sir  Hugh  Cholmley,  Sir 
Philip  Stapylton,  Sir  Henry  Cholmley,  Commit- 
tees of  both  Houfes  of  Parliament,  or  any  three 
of  them.  * 

I.  «  '\7rOV  (hall,  in  the  Name  of  both  lioufes,  Their  inftraai- 
e     j[      declare  and  publifli  unto  the  Sheriff  of°nstother'''*- 

4  the  County  of  York.,  the  Knights,  Gentlemen/""' 

'  and  others,  his  Majefty's  Subjects  in  that  County, 

*  That  Sir  John  Hoibam  was,  by  us,  commanded 

*  to  fecure  the  Town  of  Kingjlon  upon  HuH,  and 
'  the  Magazine  there  for  his  Majefty's  Service  and 
'  the  Peace  of  the  Kingdom,  which,  otherwife, 
'  would  have  been  much  endangered  ;  and  that, 

*  upon  the  fame  Reafon,  what  hath  fince  been  done 

*  there  by  him  hath  been  necefiary  in  purfuance  of 
'  thofc  Directions ;  and  is  by  us  avowed  and  ap- 
'  proved  of,  as  warranted  by  the  Authority  of  both 
'  Houfes  of  Parliament. 

II.  *  You  fhall  further  take  Care,  That  fuch  Re- 
4  folutions  and  Orders  of  both  Houfes,  as  have  or 

*  fhall  be  fent  down,  be  put  in  Execution  ;  and 

*  fhall  require  the  Sheriffs,  Juftices  of  the  Peace, 

*  and  all  other  his  Majefty's  Officers  and  loving 

*  Subjects,  to  be  aiding  and  afiifting  unto  you  for 

*  that  Purpofe. 

III.  *  You  fhall  take  Care,  That  no  Forces  be 

*  raifed  for  the  forcing  the  Town  of  Hull,  or  other- 

*  wife 

z  Thefe  Inflruftions  are  enter'd  in  the  jfo:irra!s  of  both  Houfes  ; 
but  not  in  Hufiandf,  RuJ/.^u.-cr'.b,  or  any  of  the  Cdieciitm  of  the 
Times. 


490     The  Parliamentary  HISTORY 

.'  wife  to  difturb  the  Peace  of  the  Kingdom  ;  anil, 
'  in  cafe  any  be  raifed,  you  fhall  require  the  Sheriff, 
'  in  the  Name  of  both  Houfes,  to  command  them 
'  to  difperfe  themfelves ;  and,  if  they  refufe  fo  to  do, 
'  that  then  the  Sheriff,  by  the  fame  Authority, 
'  fhall  forthwith  raife  the  Power  of  the  County  for 
'  the  Supprefling  of  them  ;  and  you  fhall  likewife, 
'  by  the  fame  Authority,  require  theLord-Lieute- 
'  nant,  appointed  by  the  Ordinance  of  Parliament, 

*  and,  in  his  Abfence,  the  Deputy-Lieutenants,  to 

*  draw  together  the  Train'd  Bands,  for  the  Affift- 

*  ance  of  the  faid  Sheriff  in  fo  doing. 

IV.  '  Whereas  we  are  informed,  That  his  Ma- 
'  jcfty  did,  at  York,  propound  unto  the  Knights  and 
'  Gentlemen  of  that  County,  there  aliembled  by 
'  his  Command,  that  they  would  join  with  him  for 

*  the  Defence  and  Afuftance  of  his  own  Perfon  : 
'  You  (hall  declare  unto  them,  and  all  others,  That 
'  it  hath  ever  been,  and  (till  (hall  be,  the  chief 

*  Care  and  Endeavour  of  the  Parliament  to  provide 
'  for  his  Majefty's  Safety  ;  and  that  they  do  not 

*  know  of  any  Evil  intended  unto  his  Royal  Perfon, 

*  which  fhould  move  him  to  take  fuch  a  Courfe  : 
'  That  his  greateft  Safety  is  in  the  Affection,  Duty, 

*  and  faithful  Advice  of  his  Parliament ;  and  his 

*  greateft  Danger  in  his  withdrawing  himfclf  from 

*  them,  and  proceeding  in  Ways  contrary  to  them: 
'  So  as  that  the  difarfecled  and  malignant  Party, 

*  under  Colour  of  his  Service,  go  about  to  raife  a 
'  Faction  and  a  Party  againft  the  Parliament;  which, 
'  at  Inft,  may  break  out  into  an  open  Rebellion,  to 

*  the  Deirruclion  both  of  King  and  People,  if  it  be 
4  not,  through  the  Blefling  of  God,  prevented  by 

*  the  Wifdom  and  Authority  of  Parliament. 

V.  '  That  in  cafe  there  be  a  Neccffity  for  rai- 
'  fmg  the  Forces  of  the  County,  for  the  Supprefiion 
'  of  any  Infurredlion  and  keeping  the  Peace,  you 
'  fhall  require  Sir  John  Hotkam  to  deliver  fuch 
'  Proportion  of  Arms  and  Ammunition  out  of  the 

*  Magazine  there,  as  fhall  be  neceffary  for  that  Ser- 
'  vice  :  And  you  lhall  publifh  and  declare,  That 
'  the  Parliament  holds  it  lawful  and  neceffary,  to 

'dif- 


Of    ENGLAND.     491 

«  difpofe  of  the  public  Magazines  of  the  Kingdom  An.  18.  Car.  !« 
'  for  the  Defence  of  the  Kingdom  ;  as  likewife  for        l642- 

*  the  Suppreffion  of  the  Rebellion  in  Ireland,  which         »7V~ 

*  doth  fo  much  concern  the  Safety  of  this  Kingdom : 
'  But  that  it  is  their  Intention,  and  Refolution,  to 
'  ftore  them  again  ;  as  holding  it  fit  fuch  a  Propor- 
4  tion  fhall  ftill  be  in  Readinefs,  upon  all  Occa- 
'  fions,  for  the  Service  of  the  King  and  Defence  of 

*  the  Commonwealth. 

VI.  '  Whereas  we  are  informed,  That  divers 
e  Perfons,  fummoned  to  appear  at  the  Parliament, 
c  have  received  a  Command  under  his  Majefty's 
c  Hand,  not  to  come  there,  but  to  abide  ftill  near 
'  his  Majefty's  Perfon,  for  which  Service  we  con- 

*  ceive  them  to  be  of  all  others  the  moft  unfit ;  and 
'  that  the  Sheriff  hath  alfo  been  commanded,  by 

*  his  Majefty,  not  to  execute  any  Warrant  or  Or- 
'  der  upon  them :  You  mail  let  the  Sheriff  know, 

*  That  the  Houfes  of  Parliament  will  expect  that 
'  their  Orders  and  Commands  (hall  be  obeyed,  the 
'  fame  being  his  Majefty's  Authority  fignified  by  his 

*  Higheft  Court;  and  that  any  Reftraint,  or  Cotn- 

*  mand,  to  the  contrary  is  againft  Law  and  the  Pri- 

*  vilege  of  Parliament. 

VII.  '  You  mail  endeavour  to  clear  the  Proceed- 
'  ings  of  Parliament  from  all  Imputations  and  Afper- 
'  fions;  and  (hall,  from  Time  to  Time,  certify  us 

*  of  all  Things  you  may  conceive  neceflary  for  the 

*  prcfent  Service  :  And,  that  we  may  have  a  fpeedy 
'  Account  of  it,  and  that  our  Directions  to  you,  as 

*  well  as  your  Advertifements  to  us,  may  have  a 

*  clear  and  ready  Paflage,  you  {hall  lay  a  ftrict 

*  Charge  upon  all  Poft-mafters,  that  they  do  not 
'  fuffer  any  Letters,  or  other  Difpatches  directed 
'  to  or  from  the  Parliament,  to  be  intercepted  or 

*  ftayed  :  And,  if  any  fhall  prefume  to  make  fuch 
4  Stay  of  thofe  Difpatches,  you  mail  direct  the  Poft- 

*  matters  to  repair  to  the  Juftices  of  Peace,  Con- 
'  ftables,  and  all  other  Officers,  for  their  Aid  and 

*  Afiiftance ;  who  are  hereby  required  to  take  fpe- 
'  cial  Care  there  may  be  no  fuch  Interruption. 

VIII, 


492     The  Parliamentary  HISTORY 

18.  Car,  I.  VIII.  *  You  fhall  obferve  and  execute  all  fuch 
«  farther  Directions  and  Inftruclions,  as  you  fhali, 
'  from  Time  to  Time,  receive  from  both  Houfes 
'  of  Parliament.' 

May  6.  The  Earl  of  EJJex  prefented  a  Letter 
to  the  Lords,  which  he  had  received  from  the  Lord 
Marquis  of  Hertford,  Governor  to  the  Prince  of 
Wales,  which  was  read  to  this  Effect  : 

My  Noble  Lord,  York,  May  3,  1642. 

The  Marquis  of  TT  being  expeffed  from  me  that  I  fnould  give  An- 
Hcrtfor  d's  Letter  J.  fwcr  to  ffa  Hcufc  of  Peers,  whether  1  would  un- 


tbat  the  Prince  jhould  not  be  conveyed  out  of 
this  Kingdom,  I  humbly  defire  your  Lordjinp  to  make. 
this  Anf-wer  from  me,  That  I  will  undertake  that  the 
Prince  Jhall  g»  no  farther  than  his  Majefty  goeth,for 
fo  it  hath  pleafed  him  to  affureme;  and  that  he  jhall 
not  ftir  from  him.  For  any  other  Undertaking  1  ut- 
terly dif  claim  it,  as  being  a  Thing  out  of  my  Power  y 
and,  confeqnently,  a  great  Ra/hnejs  nnd  Prefuwption 
in  me  to  undertake.  Thus  much  I  once  more  humbly 
pray  your  Lordfoip  to  prefent,  with  my  humble  and 
earnejl  Defire  that  the  Order  may  be  taken  off,  which 
may  be  fo  prejudicial  to  me,  efpecially  fmce  I  have  fa 
far  declared  my  f  elf  .  God  remove  all  Jealoufies  from. 
us,  and  put  a  true  Under/landing  betiveen  the  King 
and  his  Parliament  ;  which  fiall  ever  be  the  earnejl 
and  hearty  Prayer  of  your  Lordfiip's 

Moft  faithful  Brother, 
and  humble  Servant, 
HERTFORD. 

This  Letter  was  referred  to  a  Committee  of  both 
Houfes,  to  confider  what  was  to  be  done  concern- 
ing the  Prince's  Stay  in  England. 

May  7.  This  Day  the  Lord  Keeper  prefented  to 
the  Lords  a  Letter  he  had  received  from  the  King, 
with  a  Mfei&ge  inclofed  ;  which,  he  faid,  he  was 

com- 


Of   ENGLAND.     493 

commanded  to  deliver  to  them  -,  which  was  readAn- »*•  Car'T« 
in  thefe  Words  :  ^-^j 

C/««  our  gracious  MeJJage  of  the  twenty- fourth  of 
O  April  lajl,  to  both  Houfes  of  Parliament  (demand-  The  King's  An- 
mg'Juftice  for  the  high  and  unheard- of  Affront  ^^thg  parliament's 
unto  us  at  the  Gates  of  Hull  by  Sir  John  Hotham)  is  Votes  and  De- 
tiot  thought  worthy  of  an  Anfwer  ;  but  that,  injtcad&xriaa^ 
bought  fit, 


thereof,  they  have  thought  ft,  by  their  printe 
of  the  twenty-eighth  of  April  la/I,  to  own  and  avow 
that  unparalelled  Aft  of  Sir  John  Hotham'i  to  be 
done  in  Obedience  to  the  Command  of  both  Houjes  of 
Parliament,  though  at  that  Time  he  could  produce  no 
fuch  Command ;  and,  with  other  Refolutions  againft 
our  Proceedings  there,  to  publijh  a  Declaration  con- 
cerning that  Bttfinefs,  as  an  Appeal  to  the  People  ;  as 
if  their  Intercourfe  with  us,  and  for  our  Satisfaction, 
were  now  to  no  more  Purpofe :  Though  we  knew  this 
Courfe  of  theirs  to  be  very  unagreeable  to  the  Modefty 
and  Duty  of  former  Times,  and  uniuarrantable  by  any 
Precedents  but  what  th em f elves  have  made  ;  yet  we 
are  not  unwilling  to  join  Ijfue  with  them  in  this  Way, 
and  to  let  all  the  World  know,  how  necejfary,  juft,  and 
lawful  all  our  Proceedings  have  been  in  this  Point  ; 
and  that  the  Defence  of  thefe  Proceedings  is  the 
Defence  of  the  Law  of  the  Land,  of  the  Liberty  and 
Property  of  the  Subjefl  ;  and  that  by  the  fame  Rule 
of  jujlice,  which  is  now  offered  to  us,  all  the  private 
inter ejl  and  Title  of  all  our  good  Subjects  to  all  their 
Lands  and  Goods  are  confounded  and  dejlroyed.  Mr. 
Pymme  himfelf  tells  yon,  in  his  Speech  again/}  the 
Earl  of  Strafford,  (publijbed  by  the  Order  of  the 
fioufe  of  Commons)  The  Law  is  the  Safeguard,  the 
Cuftody  of  all  private  Interefts  ;  your  Honours, 
your  Lives,  your  Liberties,  and  Eftates  are  all  in 
the  Keeping  of  the  Law ;  without  this,  every  Man 
hath  a  like  Right  to  any  Thing.  And  we  would 
fain  be  anjwered,  If^hatTitle  any  Subject  of  our  King- 
dom hath  to  his  Houfe  or  Land,  that  we  have  not  to 
our  Town  a/"  Hull?  Of  what  Right  hath  he  to  hir 
Money,  Plate,  or  "Jewels,  that  we  have  not  to  our 
Magauns  cr  Munition  there  ?  If  we  had  ever  fiich 

a 


494     ^je  ^ArKantcntarj  HISTORY 

a  Title  we  vjould  knovj  when  we  loft  it  ?  And  if  that 
Magazine  and  Munition,  bought  with  our  own  Mo- 
ney, were  ever  ours,  when  and  bow  that  Property 
went  out  of  us  ?  JVe  very  well  know  the  great  and 
unlimited  Power  of  a  Parliament ;  but  we  know  as 
well  that  it  is  only  in  that  Senfe^  as  zue  are  a  Part  of 
that  Parliament.  Without  us,  and  again  ft  cur  Con- 
fent,  the  Votes  of  either  or  both  Houfes  together  muji 
not?  cannot ,  jhall  not  (if  we  can  help  it,  for  our  Sub- 
jefts  Sake  as  well  as  our  own)  forbid  any  Thing  that 
is  enjoined  by  the  Law,  or  enjoin  any  Thing  that  is 
forbidden  by  the  Law ;  but,  in  any  fuch  Alteration 
which  may  be  for  the  Peace  and  Happinefs  of  the 
Kingdom?  we  have  not,  Jhall  not,  refufe  to  confent : 
And  we  doubt  not  but  that  all  our  good  SubjecJs  will, 
eafely,  difcern  in  what  a  miferable  Infecurity  and  Con- 
fufion  they  muji  necejjarily  and  inevitably  be,  if  De- 
fcents  may  be  altered,  Purchafes  avoided,  AJJurances 
and  Conveyances  cancelled,  the  Sovereign  legal  Autho- 
rity defpifed  and  rejijled,  by  Votes  or  Orders  of  either, 
cr  both  Houfes :  This,  we  are  fure,  is  our  Cafe  at 
Hull ;  and  as  it  is  ours  To-day,  by  the  fame  Rule  it 
may  be  theirs  To-morrow. 

Again/I  any  defperate  Dejigns  of  the  Papijls  we 
have  fufficiently  exprefs' dour  Zeal  and  Intentions,  and 
Jhall  be  as  forward  to  adventure  our  own  Life  and 
Fortune  to  oppofe  any  fuch  Defigns,  as  the  meaneji 
Subject  in  our  Kingdom. 

For  the  Malignant  Party ;  as  the  Law  hath  not  to 
cur  Knowledge  defined  their  Condition,  fo  hath  neither 
Houfe  presented  them  to  us,  under  fuch  a  Notion  as  we 
may  well  under ftand  tuhom  they  intend ;  and  we  Jhall 
therefore  only  enquire  after,  and  avoid,  the  malignant 
Party  under  the  Character  of  Perfons  difajfefted  ts 
the  Peace  and  Government  of  the  Kingdom  ;  and  fuch 
who,  neglecling  and  defpifeng  the  Law  of  the  Land, 
have  given  themfelves  other  Rules  to  walk  by,  and  fo 
difpfiifed  with  their  Obedience  to  Authority  ;  ofthefe 
Perjons,  as  dcjlrutiive  to  the  Commonwealth,  we 
Jhall  take  all  poffible  Caution. 

Why  any  Letters  intercepted  from  the  Lord  Digby 
(wherein  he  mentions  a  Retreat  to  a  Place  of  Safety) 

Jhould 


Of    ENGLAND.     495 

fnould  hinder  us  from  vifiting  our  own  Fort ;  and  how  An.  iS.  Car,  I. 
we  have  oppojed  any  Ways  of  Accommodation  with  1642. 
our  Parliament ;  and  what  Ways  and  Overtures  '—  ""v—  -^ 
have  been  offered  in  any  Way,  or  like  any  Deftre  of  "•  lay< 
fuch  Accommodation  ;  or  whether  our  Meffage  of  the 
twentieth  of  January  lofi,fo  oft  in  vain  prejfedby  us, 
have  not  fufficiently  exprejjcd  our  earnefi  Defire  of  ity 
let  all  the  World  judge  :  Neither  is  it  in  the  Power . 
of  any  Per  fans  to  incline  us  to  take  Arms  again/I  our 
Parliament  and  our  good  Subjects,  and  mijerably  to 
imbroil  this  Kingdom  in  Civil  Wars.  We  have  given 
fufficient  Evidence  to  the  World  how  much  our  Affec- 
tions abhor,  and  our  Heart  bleeds  at,  the  Apprehen- 
fion  of  a  Civil  War;  and  let  God  and the  World judge + 
(if  our  Care  andlndufiry  be  only  to  defend  and  pro- 
tea  the  Liberty  of  the  Subject,  the  Law  of  the  King- 
dom, our  jufi  Rights  (Part  of  that  Law)  and  our 
Honour,  much  more  precious  than  our  Life  :  And  if^ 
in  Oppofition  to  theje,  any  Civil  Wars  jhall  arije) 
upon  vJhofe  Account  the  Blood  and  Definition  that 
mufi  follovj  mujl  be  cafi:  God  and  our  own  Confcience 
tells  us  that  we  are  clear. 

For  Capt.  Legge'j  being  fent  heretofore  to  Huli, 
(tbo\  by  the  Way,  this  is  the  fir  ft  Time  we  ever  heard 
that  he  was  accufed  for  the  Practice  of  bringing  up 
the  Army  againfi  the  Parliament ;  neither  do  we  yet 
£now  that  there  is  fuch  a  Charge  again  ft  him)  or  for 
the  Earl  0/~Newcaftle'j  being  fent  thither  by  our 
Warrant  and  Authority,  we  ajked  a  Qucfiion  long 
ago,  in  our  Anfwer  to  both  Houfcs  concerning  the 
Magazine  at  Hull,  which  we  have  Caufe  to  think  is 
not  eafy  to  be  anfwered :  Why  the  general  Rumour 
of  the  Defigns  of  Papifts  in  the  Northern  Parts 
fhould  not  be  thought  fufficient  Ground  for  us  to 
put  in  fuch  aPerfon  of  Honour,  Fortune,  and  un- 
blemimed  Reputation,  as  the  Earl  QiNewcafile  is 
known  to  be,  into  a  Town  and  Fort  of  our  own, 
where  our  own  Magazine  lay  j  and  yet  the  fame 
Rumour  be  Warrant  enough  to  commit  the  fame 
Town  and  Fort,  without  our  Confent,  to  the  Hands 
of  Sir  John  Hotham,  with  fuch  a  Power,  as  is  now 
too  well  known  and  undcrftood  ?  How  surRefufal 


496     The  Parliamentary  HISTORY* 

An.  iS.  Car.  l.to  have  that  Magazine  removed  upon  the  Petition  of 
both  Houfes,  could  give  fin  Advantage  againji  us  to 
have  it  taken  from  us,  and  ivhether  it  was  a  Refufal, 
all  Men  will  eafily  underftand  who  read  our  Anj'wcr 
to  that  Petition,  to  which  it  hath  not  been  yet  thought 
fit  to  make  any  Reply. 

For  the  Condition  of  thofe  Persons  who  prefented 
the  Petition  to  us  at  York,  (whom  that  Declaration 
falls,  Some  few  ill-affected  Perfons  about  the  City 
of  York)  to  continue  the  Magazine  at  Hull a ;  we  make 
no  doubt  but  that  Petition  will  appear  to  be  attejled, 
both  in  Number  and  Weight,  by  Perfons  of  Honour 
and  Integrity,  and  much  more  converfant  with  the  Af- 
f eft  ions  of  the  ivhole  County,-  than  mojl  of  thofe  Peti- 
tions which  have  been  received  with  fo  much  Content 
and  Approbation  :  And  for  their  Prefumption  of  in- 
tcrpofmg  their  Advice,  we  the  more  ^vonder  at  that 
Exception,  when  fitch  Encouragement  hath  been  gi- 
ven, and  'Thanks  declared,  to  Multitudes  of  mean  and 
unknown  People,  'Prentices  and  Porters,  who  have 
accompanied  Petitions  of  very  Jlrangc  Natures. 

For  the  Manner  of  our  going  to  Hull ;  we  have 
clearly  f ft  forth  the  fame  in  our  MeJJage  to  both  Houfcs 
on  that  Buftnefs  ;  and  for  any  Intelligence  given  to 
Sir  John  Hotham,  of  an  Intention  to  deprive  him  of 
his  Life,  as  we  knew  there  was  no  fuch  Intention  in 
US)  having  given  him  allpcjjible  Ajjurance  of  the  fame 
at  our  being  there  ;  fo  we  are  confident  no  fuch  Intel- 
ligence was  given,  cr  if  it  were,  it  was  by  fame  Vil- 
lain, who  had  nothing  but  Malice,  orDefign  to  fright 
him  from  his  due  Obedience,  to  warrant  him.  And 
Sir  John  Hotham  had  all  the  Reafon  to  ajjure  hitn- 
fe/f,  that  his  Life  would  be  in  much  more  Danger  by 
refufmg  to  admit  his  King  into  his  own  Town  and 
Fort,  than  by  yielding  him  that  Obedience,  which  he 
owed  by  his  Oaths  of  Allegiance  and  Supremacy,  and 
the  Protejiation,  and  he  well  knew  was  due  and  war- 
rantable by  the  Laius  of  the  Land. 

For  the  Number  of  our  Attendants,  (though  that 
could  be  no  Warrant  for  fuch  a  Difobedience  in  a  Sub- 
ject) it  is  well  known,  as  we  exprejfed  in  cur  MeJ/age 

to 
a  At  p.  450,  in  this  Volume. 


Of    E  N  G  L  A  N  D.     497 

te  both  Houfes,  to  which  Credit  ought  to  have  beenAh.  iS.  Car.  I« 

given,  that  we  offered  to  go  into  the  Town  with  twenty 

Horfe  only,  our  whole  Train  being  unarmed :  And        "j^T 

wbofoever  thinks  that  too  great  an  Attendance  for 

ourjelf  and  our  two  Sons,  have  fure  an  Intention  to 

bring  us  to  a  meaner  Retinue  than  they  yet  will 

avow. 

Here  then  is  our  Cafe,  of  which  let  all  the  World 
judge  :  We  endeavoured  to  vifit  a  Town  and  Fort  of 
our  own,  wherein  our  own  Magazine  lay ;  a  SubjecJ9 
in  Defiance  of  us,  Jhuts  the  Gates  again  ft  us  ;  with 
armed  Men  refi/ls,  denies ,  and  oppofes  our  Entrance  j 
tells  us,  in  plain  Terms,  We  Jhall  "not  come  in.  We 
do  not  pretend  to  underjland  much  Law,  yet,  in  the 
Point  ofTreafon,  we  have  had  much  Learning  taught 
us  this  Parliament ;  and  if  the  Senfe  of  the  Statute? 
25  Edward  III.  Cap.  2.  be  not  very  different  from 
the  Letter,  Sir  John  Hotham'j  Aft  was  no  lefs  than 
plain  High  Treafon  :  And  we  had  been  contemptibly 
Jlupid,  if  we  had,  after  all  thofe  Circumjlances  of 
Grace  and  Favour  then  Jhewed  him,  made  any  Scruple 
to  proclaim  him  Traitor ;  and  whether  he  be  fo  or  no9 
if  he  Jhall  render  himfelf,  we  will  require  no  other 
Trial,  than  that  which  the  Law  hath  appointed  to 
every  •Subjefl;  and  which  we  are  confident  we  have 
not,  in  the  lea/1  Degree^  in  thofe  Proceedings  violated^ 
no  more  than  we  have  done  the  Privileges  of  Parlia- 
ment by  endeavouring,  in  ajujl  Way,  to  challenge  our 
own  unquejlionable  Privileges :  For  that  infuch  a  Cafey 
the  declaring  him  Traitor,  being  a  Member  of  the 
Houfe  of  Commons,  without  Procefs  of  Law,  Jhould, 
be  a  Breach  of  Privilege  of  Parliament  (of  which 
we  are  fure  none  extends  toTreafon,  Felony,  or  Breach 
of  the  Peace)  or  again/}  the  Liberty  of  the  Subjefly 
or  again/}  the  Law  of  the  Land,  we  mujl  have  other 
Reafons  than  bare  Votes. 

We  would  know  if  Sir  John  Hotham  had,  with 
thofe  Forces  by  which  he  kept  us  out  of  our  Town  of 
Hull,  purfued  us  to  the  Gates  of  York,  which  he 
might  as  legally  have  done,  muji  we  have Jiaid  from 
declaring  him  Traitor,  till  Procefs  of  Law  might 
have  iJTued  againft  him  ?  Will  Fears  and  Jealoufies 

Voi.  JET  Ii  <* 


498     The  Parliamentary  HISTORY 

An.  18.  Car.  \.  difpcnfe  iviib  real  and  nccejjary  Forms ;  and  muft  we, 
l642-  when  actual  War  is  levied  upon  ust  obferve  Forms 
*""^~~~'  iv  hi  a)  the  Law  iff  elf  doth  not  enjoin  ?  The  Cafe  is 
truly  ftated ;  let  all  the  World  judge  (unlefs  the  meer 
Sitting  of  a  Parliament  dothjufpend  all  Laws,  and 
vue  are  the  only  Pcrjon  in  England  againjl  whom 
Treafon  cannot  be  committed)  where  the  Fault  is  : 
And  luhatjoever  Courje  we  jball  be  driven  to  for  the 
Vindication  of  this  our  Privilege,  and  for  the  Re- 
covery and  Maintenance  of  our  known  and  undoubted 
Rights,  we  do  promije,  in  the  Pre fence  of  Almighty 
God)  and  as  we  hope  for  his  Blejjing  in  our  Succefs, 
that  we  will,  to  the  utmoft  of  our  Power,  defend 
and  maintain  the  true  Protejlant  Profejjion,  the 
Law  of  the  Land,  the  Liberty  of  the  Subject,  and 
the  jujl  Privileges  and  Freedom  of  Parliament. 

For  the  Order  of  Ajjijiance  given  to  the  Committees 
ofbothHoufes,  concerningtheir  going  toH.u\\,we  Jhall 
Jay  no  more,  but  that  thofe  Perfons,  named  in  that 
Order,  we  prefume  will  give  no  Commands,  or  our 
good  SubjecJs  obey,  other  than  what  are  warranted  by 
the  Law,  how  large  and  unlimited foevertheDiretfions 
are,  or  the  InJirucJions  may  be ;  for  to  that  Rule  ^ue 
[hall  apply  our  own  Actions,  and  by  it  require  an  Ac- 
count from  other  Men.  And  that  all  our  good  Sub- 
jecJs may  the  better  know  their  Duty  in  Matters  of 
this  Nature,  we  ii;ijb  them  carefully  to  perufe  the  Sta- 
tute in  the  eleventh  Tear  0/Hen.  VII.  Cap.  I.  b 

We  conclude  with  Mr,  Pymme'j  own  Words  :  If 
the  Prerogative  of  the  King  overwhelm  the  Liber- 
ty of  the  People,  it  will  be  turned  to  Tyranny  :  If 
Liberty  undermine  the  Prerogative,  it  will  grow 
into  Anarchy  :  And  fo  we  fay  into  Confufion. 

The  Lords,  taking  this  Meflaae  into  Confidera- 

A   Conference       .  r^--i-  a,r--         r       -i 

thereupon.  tion,  were  of  Opinion  taat  it  was  the  r  ruits  of  evil 
Counfcls  "and  Advice  about  the  King;  and  there- 
fore refolved  to  communicate  the  fame  to  the  Com- 
mons, at  a  Conference ;  and  to  move  that  the 
Houies  may  fpeedily  think  of  naming  fuch  Perfons 
as  are  the  evilCouniellors  about  his  Majefty,  that 

fo 

b  See  the  Abftraft  thereof,  with  Lord  Bacons  Remarks    upon 
it,  in  our  Second  Volume. 


Of    ENGLAND.     499 

fo  fome  Courfe  may  be  advifed  how  to  remove  them  An.  18.  Car.  I, 

from  him  :  Accordingly  their  Lordlhips  fent  to  the 

Houfe  of  Commons,  to  defire  a  Conference  on  a    U"-^jC"""'^ 

Meflage,   received  from  the  King,  of  a  very  high 

Nature  ;  at  which  a  Committee  of  both  Houfes 

was  appointed  to  prepare  a  fpeedy  Anfwer. 

In  the  Report  of  this  Conference,  made  by  Mr. 
Holies  to  the  Commons,  he  obferved  that  the  Earl 
of  EJJex  faid  in  it,  '  That  the  Lords  obferved  thefe 
Mei^;res  from  the  King  to  go  higher  and  higher  j 
and  he  believed  the  King  to  be  of  that  Goodnefs, 
that  they  came  not  from  himfelf ;  but  from  fuch 
as  are  Incendiaries,  and  that  endeavour  to  raife  a 
Divifion  between  the  King  and  Parliament :  That 
the  Lords  had  formerly  moved  them  to  name  thofe 
evil  Counfellors,  and  did  now  prefs  it  again  ;  and 
that  the  Lords  were  ready  to  join  with  them  in  it, 
and  did  now  lay  it  at  their  Doors,  the  Commons 
being  the  Reprefentative  Body  of  the  Kingdom, 
and  therefore  moft  concerned  in  it.' 

Hereupon  the  Commons  made  an  Order,  and 
appointed  the  Monday  following  for  nominating 
the  evil  Counfellors  and  malignant  Party  about  the 
King ;  but  we  do  not  find  any  Thing  further  done 
in  that  Affair. 

The  fame  Day  fome  Exceptions  having  been 
taken  at  Words  fpoke  by  Sir  Henry  Ludlo-w^  he  ex-  Sir  H  Lu^ 
plained  himfelf,  and  withdrew.  And  the  Houfe  en-  k<u>  reproved  by 
tered  into  Debate  thereof;  after  which  he  was  call'd the  Speaker,  for 
to  his  Place :  And  Mr.  Speaker  told  him,  *  That  the£^ins  on  ^ 
«  Words  which  he  fpake,  were  Words  that  had  an 

*  Afpecl:  towards  the  King  ;   and  when  Words  fall 
«  from  him,  that  may  reflect  upon  that  Sacred  Per- 

*  fon,  he  ought  to  weigh  them,  that  they  may  be  ac- 

*  companied  with  that  Duty  which  is  due  from  a 
'  loyal  Subject  to  fo  gracious  a  Sovereign.'  It  is  not 
mentioned  in  the  Journals  what  the  Words  were : 
But,  in  the  King's  Declaration  of  the  1 2th  QiAuguJi^ 
in  this  Year,  they  are  faid  to  be  thefe,  That  the 
King  was  not  worthy  to  be  King  of  England c. 

I  i  2  The 

<:  This  Sir  Henry  Ludlvzo  was  Father  of  Lieutenant-General 
Edmund  Ludioiv ,  one  of  the  Regicides,  and  Author  of  the  Mtmoirt. 


500     Tne  Parliamentary  HISTORY 

An.  if!.  Car.  I.  The  King's  Meflage  to  the  Parliament,  about  his 
going  into  Ireland^  having  been  thought  proper  to 

^***T?~~ '  be  communicated  to  the  Privy  Council  in  Scotland^ 
their  Opinion  thereupon  was  this  Day  read  in  the 
Houfe  of  Lords d,  and  was  as  follows  : 

The  Seen  Privy «  rr\  H  E  Lords  of  the  Privy  Council  of  the 
Council's  Opini- «  J^  Kingdom  of  Scotland,  in  a  full  Meeting, 
Kin^s  t°oingeto<  having,  according  to  the  Importance  of  Matters 
Ireland.  '  of  fo  great  Weight  and  high  Concernment,  ma- 

*  turely,  and  at  length,  conlidered  the  feveral  De- 

*  clarations,  Meflages,  Anfwers,  and  Inftruftions 
'  fent  unto  them  from  his  Majefty  ;  as  alfo  what 

*  hath  been  reprefented  unto  them,  in  the  Decla- 
'  ration  fent  from  the  Parliament  of  England ;  do 
'  find  themfelves  bound,  in  Duty,  to'  acknowledge 
'  that  they  efttem  it  no  fmall  Happinefs  to  receive 
'  true  and  full  Informations  from  the  Fountains; 
'  and  not  to  be  left  to  the  muddy  and  wandering 
'  Streams  of  private  Mifreports,  which  are  ready 
'  to  miflead  fuch  as  follow  them,  from  the  right 

*  underftanding  of  the  Truth,  into  the  dangerous 
'  bye  Paths  of  Jealoufies  and  Error  :  The  prevent- 

*  ing  whereof  made  this  Kingdom, -in  the  Time 
'  of  their  late  Troubles,  fo  frequently  to  declare 
'  themfelves  and  their  Intentions,  both  to  the  King's 

*  Majefty  and  the  Kingdom  of  England. 

4  They  do  alfo  receive  and  embrace,  with  all 

*  humble  Refpedt  and  Thankfulnefs,  from  hisMa- 
'  jefty,  the  large  and  lively  Expreflions  of  his  Royal 
'  and  Religious  Refolution  and  Care  to  maintain 

*  and  preferve  the  true  Religion,  Liberties,  and 
'  Laws  of  his  Kingdoms,  together  with  a  right 
'  Correfpondence  betwixt  them  ;  it  being  the  true 
«  and  only  Foundation  of  Greatnefs  and  Glory  to 
'  himfelf  and  his  Pofterity,  and  of  Peace  and  Hap- 
'  pinefs  to  his  People  ;  for  which  this  whole  King- 
4  dom,  being  ftraitly  bound  by  their  common  Al- 
«  legiance,  natural  Obedience,  and  national  Oath, 

*  never  to  be  forgotten,  will  be  ever  moft  willing 

'to 

A  From  their  Journals.    We  do  not  find  it  in  any  of  the  Ctllec- 
titns  of  thefc  Times. 


Of    E  N  G  L  A  N  D.      501 

*  to  fpencl  their  Lives,  Fortunes,  and  what  is  deareft  An 
'  unto  them. 

*  They  do,  in  like  Manner,  with  reciprocal  bro- 
'  therly  Affection,  acknowledge  the  large  Tefti- 
'  mony  of  the  Care  and  Zeal  of  the  Parliament  of 

*  England,  to  keep  a  right  Understanding  betwixt 

*  the  two  Nations  ;  which  both  Parliaments  have 
'  oblig'd  themfelves,  by  folemn  Vow  and  Protefta- 

*  tion,  by  all  good  Ways  and  Means  to  preferve ;  a- 
'  gainft  which  no  finifter  Information,  nor  Mifre- 

*  port,  (hall  ever  make  this  Kingdom  to  fall  into  fuch 

*  Mifconftruclion,  as  may  be  a  Violation  of  their 
'  own  Vow  and  Proteftation  made  in  Parliament : 
'  But,  in  the  Midft  of  this  their  Joy  and  Gladnefs, 
'  arifing  upon  the  Profeflions  andProteftations  both 
'  of  King  and  Parliament,  they  cannot  but  confefs 

*  their  unfeigned  Grief  and  great  Fears  which  they 
'  have  received,  upon  the  Mifunderftanding  arid  fo 
'  long  Diftra&ions  betwixt  hisMajefty  and  his  Par- 
'  liament ;  which,  unlefs  they  be  fpeedily  removed, 
'  can  bring  forth  no  other  Fruits  than  the  Rejoicing 

*  and  Triumphs  of  the  common  Enemies  of  our 
'  Religion  and  Peace  ;  and  fuch  a  World  of  Evils 
'  to  his  Majefty  and  his  Dominions,  as  they  are 
'  loath  to  fuffer  themfelves  to  think  upon;  butchufe 

*  rather  to  wrap  them  up  in  Silence  :  Wifhing  that 
'  they  may  be  made  never  more  to  appear,  to  the 
'  Encouragement  of  ill-affe£ted  Perfons,  and  the 
'  Grief  of  the  Hearts  of  all  good  Men. 

'  And  therefore,  upon  the  one  Part,  they  wifh, 
'  and  are  confident,  That  the  Honourable  Houfes 
'  of  Parliament,  in  their  great  Wifdom  and  Affec- 
'  tion,  will  leave  no  fair  and  good  Means  uneflayed 
'  to  induce  his  Majefly  to  return  unto  them  ;  that 
'  there  may  be  a  better  Underftanding  betwixt  him 
'  and  his  People,  and  they  honoured  with  his  Royal 

*  Prefence,  and  ftrengthened  by  his  Scepter  and 

*  Authority.     And  altho'  they  know  that  they  nei- 

*  ther  will,  nor  fhould,  meddle  with  the  public  Ac- 

*  tions  of  another  Kingdom,  farther  than  as  they  are 

*  called  and  interefted  as  Fellow- bubjedts  under  one 
$  Head  and  Monarch  :  Yet,  fince  the  Honourable 

Ii  «  Houfe.3. 


502     The  Parliamentary  HISTORY 

An.  18.  Car.  1. *  Houfes  of  Parliament  have  thought  meet  to  draw 

^_^*"        «  the  Practice  of  the  Parliament  of  Scotland  into 

Mav.         '  Example,  in  the  Point  of  their  Declaration  ;  they 

4  are  confident  that  the  Affection  of  the  Parliament 

4  will  lead  them  alfo  to  the  Practice  of  this  King- 

*  dom,  in  compofmg  the  unhappy  Differences  be- 

*  twixt  his  Majefty  and  them  ;   and,  fo  far  as  may 
'  confift  with  their  Religion,  Liberty,  and  Laws, 

*  in  giving  his  Majefty  all  Satisfaction ;  efpecially 

*  in  their  tender  Care  of  his  Royal  Perfon,  of  his 

*  Princely  Greatnefs  and  Authority,  and  the  Pro- 
4  fperity  of  the  Kingdom. 

*  Upon  the  other  Part,  from  the  deep  Senfe  of 
4  his  Majefty's  Troubles,  and  from  the  Love  and 
4  Loyalty  of  their  Hearts,  their  humble  Dcfire  is, 

*  That  his  Majefty  may  be  pleafed  to  hearken  to 
'  the  earneft  Defires  and  hearty  Invitations  of  his 
4  People,  in  returning  to  his  Parliament ;  which, 
'  as  it  is  his  great,  fo  it  is  his  beft  and  moft  impar- 

*  tial,  Council ;  that,  by  the  Brightnefs  of  his  Ma- 

*  jefty's  Prefence  and  Countenance,  all  the  Clouds 
4  of  former  Jealoufies  and  Fears  may  be  fcattered  ; 
4  a  mutual  Confidence  may  be  revived  ;  and  his 

*  People  fatisfied,  as  the  only  Means  of  Happinefs 

*  both  to  the  King  and  Kingdom  ;  the  Reflection 
4  whereof,  upon  this  Kingdom,  will  alfo  increafe 
4  our  Happinefs. 

4  And,  fince  his  Majefty  hath  been  pleafed  to 
4  make  known  unto  them  his  Refolution  to  go  (or 
4  Ireland^  in  his  Royal  Perfon,  they  are  bold,  as  his 
4  Majefty's  loving  Subjects  and  faithful  Counfellors, 
4  to  give  their  humbleOpinion, That  as  they  do,with 
4  their  Hearts,  acknowledge  his  Majefty's  fatherly 

*  compofmg  of  the  Sufferings  of  his  good  Subjects 
4  by  the  Rebellion  there ;  his  Princely  Endeavours 

*  in  quickening  all  Means  that  may  ferve  for  their 
4  Relief,   and  for  the  more  fpeedy  and  powerful 
4  Suppreflion  of  the  Rebels,  and  Deliverance  of  his 
4  People,  in  offering  to  hazard  his  own  Royal  Per- 
4  fon ;  than  which  there  can  be  no  greater  Demon- 
4  ftration  of  Princely  Care  and  Courage  :  So  they, 

*  by  their  natural  Affection,  and  by  their  Defire  of 

4  the 


Of    E  N  G  L  A  N  D.      503 

*  the  Prefervation  of  his  Majefty's  Perfon,  (upon  An.  iS.Car.  I. 

*  which  dependeth  the  Safety  of  this  Kingdom)  are        l6*z- 

4  conftrained,   in  all  Humility,  to  reprefcnt,  That    U-7J/7^'J 
'  they  conceive  it  to  be  a  Matter  which  requireth 
4  very  mature  Deliberation,  Whether  his  Majefty 
1  fhall  hazard  his  own  Royal  Perfon  in  fuch  a  War, 

*  and  thereby  alfo  put  all  his  good  Subjects  in  great 

*  Fears  for  him  ?  Whether  the  great  Affairs  and 

*  dangerous  Diftra&ions  of  this  Kingdom  of  Eng- 
'  land  (which  never  did  more  require  his  perfonal 
4  Prefence)  may  fufter  his  Abfence  at  this  Time  ? 
'  Whether  his  going,  in  Perfon,  againft  fuch  bail- 
4  Rebels,  be  not  descending  too  low  from  that  high- 
'  eft  Dignity  and  Royal  Eminency  wherein  God 

*  hath  placed  him,  as  his  immediate  Vicegerent? 
'  And  whether  it  be  not  more  for  his  Majcfty's 

*  Honour  and  Safety,  and  for  the  inward  Security 
4  of  his  People  againft  their  Fears  of  Danger  to  his 
4  Majefty's  Perfon,  and  their  outward  Quietnefs 
4  againft  Danger  to  themfelves,  to  command  fuch 
4  Forces  of  his  willing  Subjects  to  go  in  that  Ex- 

*  pedition,  as,  by  God's  Help  and  Afiiftance,  may 

*  be  more  than  fufficient  to  crufh  that  Rebellion, 
4  and  to  reduce  the  whole  Kingdom  to  his  Maje- 
4  fty's  Obedience?  But,  concerning  this,  they  wifh 
'  and  hope  that  his  Majefty  may  be  pleafed  to  hear 

*  and  confider  the  Advice  and  Council  of  his  Par- 
4  liament  of  England,  as  being  molt  nearly  con- 
4  cerned  in  the  Matters  of  Ireland;  altho'  none  be 
4  more  fo  in  their  Intereft  in  his  Majefty's  Royal 
4  Perfon. 

*  In  the  End,  they  do  humbly  intreat,  That  all 

*  Means  may  be  forborne  which   may  make  the 
4  Breach  wider  and  the  Wound  deeper;  and  that 
4  no  Place  be  given  to  the  evil  Spirit  of  Divifion, 
6  which  at  fuch  Times  worketh  incefiantly  and  reft- 
'  eth  not:   But  that  the  faireft,  the  moft  Chriftian, 
'  and  compendious  Way  may  be  taken,  by  fo  wife 
4  n  King  and  Parliament,  as  may,  againft  all  Ma- 
4  lice  and  Oppofition,  make  his  Majefty  and  Pofte- 

*  rity  more  glorious,  and  his  Kingdoms  more  happy 
4  than  ever:  For  this  bleiTed  and  carneftly  wifh'd-for 

'Con- 


The  King  for- 
bids ail  Perfons 
in  Yorkfhire,  to 
obey  any  Sum- 
mons of  Parlia- 
ment; 


Their  Order 
thereupon. 


504     The  Parliamentary  HISTORY 

Conclufion,  according  to  their  manifold  Obliga- 
tions and  Duty,  they  offer  their  bell  Endeavours; 
and,  for  the  prefent,  have  fent  up  the  Earl  of  Lou- 
don*  Chancellor  of  the  Kingdom,  who  will  give  a 
more  full  Declaration  of  their  Mind  and  Defires. 
ARCH.  PRIMROSE,  Clerk  of  the  Council. 

May  9.  The  Houfe  of  Lords  were  inform'd  that 
their  Orders  were  treated  at  York  with  Contempt; 
and  this  Day  two  of  their  Meffengers,  fent  to  bring 
up  fome  Pedbns  as  Delinquents,  appearing  before 
them,  made  Oath  that  they  received  the  following 
Paper  from  Secretary  Nicholas  : 

I  Have,  according  to  your  Defires,  acquainted 
his  Majefty  with  the  three  Orders  you  fhew'd 
me  from  the  Parliament,  for  fummoning  fome  of 
his  Majefty's  Servants^  and  others  of  this  Coun- 
t  ;,-,  to  attend  the  Parliament  ;  to  which  he  has 
commanded  me  to  give  you  this  Anfwer  : 
'  That  he  will  not  give  Way  that  any  of  his  Ser- 
vants, or  others  of  this  County,  {hall  go  out  of 
this  Shire,  untill  he  (hall  have  Juftice  done  him 
by  the  Parliament  againft  Sir  "John  Hotham,  for 
the  Affront  and  Indignity  offered  to  his  Majefty 
at  Hull' 

The  firft  Thing  the  Lords  did  after  reading;  this 
paper)  was  to  fend  an  qrder  to  the  High  Sheriff  of 
the  County  of  York,  to  bring,  or  caufe  to  be  brought, 
before  them,  the  Bodies  of  Sir  Thomas  Darrel  and 
S'ujohn  Hales;  and  that  their  Committee,  refiding 
in  York,  fhould  fee  this  Order  put  in  Execution. 
Next,  the  Lords  conceiving  this  Bufmefs  to  be  a 
great  Breach  and  Contempt  of  the  Power  of  Par- 
liament; and  in  regard  the  laid  Perfons  were  fent 
for  at  the  Defire  of  the  Houfe  of  Commons  ;  a 
Committee  of  both  Houfes  was  appointed  to  con- 
fider  of  the  aforefaid  Paper,  and  what  was  proper 
to  be  done  upon  it. 

May  10.  The'Lord-  Keeper  reported  the  Effect 
&f  a  Conference,  held  Yefterday,  between  the  two 

Houfes, 


Of    E  N  G  L  A  N  D.      505 

Houfes,  which  confifted  of  divers  Heads,  prefented  An.  iS.  Car.  I. 
by  the  Commons  ;  the  firft  of  which  was  Matter        l642- 
of  Religion,  which,  as  the  Anchor  of  Chriftians,    '""Ty"""""' 
and  the  Stay  of  Faith,  they  were  very  tender  of. 

iy?,  *  The  Houfe  of  Commons  obierved,  Thatpro  ofltions  of 
thePapifts  had  been  very  adlive  fince  the  Ordinance  the  "Commons 
of  Parliament  for  difarming  them  ;  and  they  wereagainft    Popiih 
informed  that  the  Magazine  at  Monmoutb  was  asReculants> 
much  under  the  Command  of  the  Earl  of  Worcefter^ 
as  if  it  was  in  his  own  Caftle  of  Ragland ;  therefore 
th      have  ordered  the  Magazine  to  be  removed  to 
Newport;  to  which  they  defired  the  Lords  Con- 
currence, becaufe  of  the  great  Refort  of  Papifts 
who  live  near  Alonmouth  and  Ragland,  and  of  the 
Adtivenefs  of  the  Earl  tfWorcefter  and  his  Son. 

2<fly,  *  They  defired  that  the  faid  Earl,  and  all 
other  Recufants  in  thofe  Parts,  might  be  forthwith 
difarmed,  and  their  Arms  and  Ammunition  fent  to 
Newport ;  and  an  Order  fent  down  to  the  Sheriff 
and  Juftices  of  the  County  of  Monmouth  for  that 
Purpofe. 

'  The  third  Head  was  on  the  great  Refort  and 
Confluence  of  People  that  go  to  Mafs  at  AmbafTa- 
dors  Houfes  ;  which  ought  not  to  be  fuffered,  be- 
caufe there  was  a  Petition  from  both  Houfes,  pre- 
fented to  the  King,  touching  this  Matter,  21  Jac. 
and  again  i  Car. e  which  were  confented  to ;  and 
thofe  Anfwers  amount  to  the  Form  and  Value  of 
a  Law.  That  there  was  a  pofitive  Law,  alfo,  a- 
gainft  this,  by  Act  of  Parliament,  by  which  none 
are  to  go  to  Mafs  upon  Pain  of  100  /.  That  there 
was  no  fuch  Liberty  to  the  King's  Subjects  of  our 
Religion,  neither  in  Spain,  Italy^  Germany^  nor 
France ;  and  we  fhould  be  as  careful  of  our  Reli- 
gion, as  they  of  their  Idolatries. 

*  Ambaffadors  are  public  Minifters,  and  have 
great  Privileges,  Jure  Gentium ;  but  if  they  fwerve 
from  the  due  Execution  of  them,  and  break  the 
Laws  of  the  Land,  they  are  not  to  be  fuffered  , 
therein.  That  the  Commons  lately  gave  a  War- 
jrant  to  apprehend  fuch  of  the  King's  Subje&s  as 

went 
e  In  our  Sixth  Volume, 


506     'The  Parliamentary  HISTORY 

went  to  Mafs  at  Ambafladors  Houfes  ;  and  one 
being  apprehended  as  he  went  to  the  Portugal  Am- 
baffador's  Houfe,  fixty  Yards  from  it,  a  Tumult 
arofe,  and  the  Party  was  reicued  out  of  the  Hands 
of  the  Officers,  by  the  Ambaffador's  Men  and  o- 
thers,  Swords  being  drawn  ;  and  the  Ambaffador, 
out  of  his  Balcony,  crying,  Kill  tbetn^  kill  them. 
This  the  Commons  hold  to  be  an  Affront  of  a  very 
high  Natyre ;  and  do  think  fit  that  their  Houfe  be 
vindicated  for  this  Affront ;  which  they  leave  to 
their  Lordfhips  fpeedy  Confideration. 

'  The  fourth  Head  was  againft  one  Cbaloner^  an 
Englishman)  and  Agent  and  Conful  for  the  Englifb 
Merchants  at  Lijbon,  a  Papift,  for  tampering  with 
and  perverting  hisMajefty's  Subjects  from  the  Pro- 
leftant  Religion  ;  and  his  Wife  being  alfo  a  Papift, 
corrupts  many  Wives  and  Children.  They  there- 
fore defire  he  may  be  recalled. 

5/A/p,  *  Againft  Priefts  and  Jefuits,  the  King's 
native  Subjects,  being  protected  under  the  Title  of 
Chaplains  and  menial  Servants.  That  the  Com- 
mons were  informed  the  Spani/h  Ambaffador  is  in- 
duftriousin  advancingReligion  this  Way ;  and  hath 
thirty  or  forty  Priefts,  who  go  in  Lay  Habits,  and 
attend  on  him  as  menial  Servants,  yet  £o  abroad 
and  pervert  and  corrupt  the  King's  Subjects  from 
their  Religion.  Priefts  and  Jefuits,  they  faid,  were 
Locufts  and  Vermin ;  who  have  done  fo  much  Mif- 
chief  in  Ireland^  and  may  do  the  like  here,  in  Eng- 
lad,  if  not  prevented  ;  for  their  Opinions  are,  Jura- 
mentum  Fidelitatis  proprio  fuo  Principi,  datum  Au- 
thoritate  Principis  Jive  Prtsfidis,  Romani  Ponti- 
ficis  Authoritate  pojje  dijjohi! 

Moft  of  which       The  Lords,  taking  thefe  Matters  into  Confidera- 
the  L<          r«tion,  agreed  with  the  Houfe  of  Commons   in  all 
thefe  Propositions,  except  in  the  Portugul  Ambaf- 
fador's  Affair,  which  is  not  mentioned. 

Abfent Peers  or-     jtfay  ri>  Nothin<r  done  this  Day  in  the  Houfe 

dered  to  attend.     r    T        ,  ,      /          ^, 

of  L/ords,  material,  except  ordering,  That  the 
Earls  of  Carlijle  and  Newport ,  with  the  Lords  Wil- 

lowgbby 


Of    E  N  G  L  A  N  D.      507 

loughby  of  Erejby,  Rich,  Savile,  and  Spencer ',  who  A 
were  then  with  the  King,  fhould  be  fent  for  to  at- 
tend the  Service  of  the  Houfe.  The  Commons, 
alfo,  fent  up  Impeachments  againft  Sir  George  Strode 
and  Richard  Spencer,  Efq;  concerned  in  the  Affair 
of  the  Kentijb  Petition. 

May  12.  The  Houfe  of  Lords  and  Commons 
received  Letters  from  their  Committee  at  York,  both 
to  the  fame  Purport,  which  were  read  by  the  former 
in  thefe  Words  :  f 

York,  May  10,  1642. 
came  hither,  to  York,  upon  Sunday  /#/?,  and  A  Letter  to  the 

then  under  flood  that  his  Majefty  had  commanded*"1"™"1  from 
,     ,-,  -    , J.    ^  •      J  J    ,  .  T-I       /-  t"eir  Committee 

the  Gentry  of  this  County  to  wait  upon  him  on  Thurf-a!:  Yirk. 

day  next.  Tejlerday,  being  Monday,  we  were  ad- 
mitted to  the  King's  Prefence,  where  we  delivered 
your  Declaration  ;  and  this  Afternoon  he  fent  for  us, 
and  gave  us  this  Anfwer  inclofcd,  giving  us  a  Jlritt 
Command  to  carry  it  up  our/elves  to  Parliament.  We 
told  him,  That  we  were  commanded  to  flay  here  and 
attend  upon  him,  and  ufe  our  left  Endeavours  in  keep- 
ing the  Peace  of  the  Country.  He  replied,  That  if 
we  would  pofitively  difobey  him,  and  ftay  here,  he 
would  advife  us  not  to  make  any  Party,  or  hinder 
his  Service  in  the  Country,  for,  if  we  did,  he  would 
clap  us  up.  We  humbly  anfwered,  That  our  Deny- 
ing to  go  at  this  Time  was  no  perfonal  Difobedience 
in  us  to  his  Majejly^  but  that  vje  were  engaged  in  gur 
Duty  to  the  Parliament,  and  in  our  Honour  ;  having 
undertaken  to  obferve  thofe  Injiruftions  we  had  re- 
ceived, and  were  tending  only  to  his  Honour  and  the 
Peace  of  the  Kingdom  ;  but  not  to  make  nor  nourijh 
any  Party  ;  nor  could  we  be  commanded  from  paying 
here  to  execute  them,  without  a  great  Breach  of  the 
Privilege  of  Parliament.  Upon  this  our  humble  Ex- 
cufe,  that  we  could  not  depart  thence,  his  Majefly  en- 
joined us  to  attend  his  Per  fan  on  Thurfday,  to  hear 
what  he  Jhould  fay  to  the  Gentlemen  that  were  fum- 
tnoned  to  appear. 

After 

f  In  the  Lords  Journals  only. 


508     The  Parliamentary  HISTORY 

An.  i<*.  Car.  I.  After  divers  other  Pajfages  he  commanded  us  to 
Jheiu  him  our  Inftruftions,  and,  withdrawing  into  a 
private  Room  from  the  great  Company  that  was  there 
prefent,  he  heard  them  read,  took  one  of  our  Copies , 
and  fo  dij'mij/ed  us.  Thus  far  we  thought  good  to 
give  you  an  Account  of  our  Employment ;  which ,  how 
full  foever  it  may  be  of  Difficulties,  yet  /hall  we  not 
be  difcouraged  to  do  any  Thing,  that,  according  to  the 
Trujt  repojed  in  us,  Jhall  conduce  to  the  Quiet  and 
Peace  of  the  Kingdom,  and  the  Honour  of  the  Par- 
liament. In  which  Hope  we  rejl 

Your  faithful  Friends  and  Servants, 

FER.  FAIRFAX. 
Hu.  CHOLMLEY. 
PHIL.  STAPYLTON. 
HEN.  CHOLMLEY. 

Then  was  read  the  King's  Anfwer  to  the  Parlia- 
ment's Declaration  concerning  Hull,  which  came 
along  with  this  Letter.  It  was  as  follows  : 


John  Hotbam,     better  give  him  Satisfaction  therein  ;  which  now  add 
c/V.  the  more  to  his  Aftonijhment,  finding  this  Anfwer,  af- 

ter jo  long  Advifement,  to  be  of  that  Nature  ^uhich 
cannot  but  rather  increafe  than  diminijh  the  prefent 
I) ijlr actions,  ifcon/lantly  adhered  unto  by  the  Parlia- 
ment. Was  it  not  too  much,  that  his  Afajtfty's  Toivn 
of  Hull  had  a  Garrifon  put  into  it,  to  the  great 
Charge  of  the  Country  and  Inconvenience  to  the  poor 
Inhabitants,  without  his  Majejiy's  Consent  and  Ap- 
probation, under  Colour,  at  that  Time,  of  foreign  In- 
vajion,  and  Apprehenfions  of  the  Popifb  Party  ;  but 
now  the  Reafons  thereof  mujl  be  enlarged  luith  a 
Scandal  to  his  Majefty  and  his  faithful 'Servants,  only 
to  bring  in  the  more  fpecious  Pretence  for  the  Avow- 
ing of  Sir  John  Hotham'^  treafonable  Infolency  ? 

His  MajeJJy  hath  often  heard  of  the  great  Truft 
ihaty  by  God  and  Man's  Laivs,  is  committed  to  the 


Of     E  N  G  L  A  N  D.      509 

for  the  Defence  and  Safety  of  his  People ;  but?  An.  iS.  Car.  I. 
as  yet)  hath  never  under/load  luhat  Truji  or  Power  is        1642. 
committed  to  either  or  both  Houfes  of  Parliament,    '"""T^""""'- 
without  the  King,  they  being  fumrnoned  to  counjel 
and  advife  the  King  ;  and  by  what  Law,  or  Authority^ 
they  poJJ'efs  themfelves  of  his  Majejlys  proper  Right 
and  Inheritance,  he  is  confident,  that  as  they  have 
not,  fo  they  cannot  Jhew. 

His  Majejiy,  hitherto,  hath  not  given  the  leajl  In- 
terruption to  public  Jujlice ;  but  you,  rather  thanfuf- 
fer  one  of  your  Members  to  come  fo  much  as  to  a  legal 
Trial  for  the  highejl  Crime,  will  make  Ufe  of  an  Or- 
der of  Parliament  to  countenance  Treafon,  by  decla- 
ring him  free  from  that  Guilt  which  all  former  Ages 
never  accounted  other  ;  and  that  without  fo  much  as 
inquiring  the  Opinion  of  the  Judges ;  for  his  Maje- 
fly  is  confident  that  you  would  have  mentioned  their 
Opinion,  if  you  had  ajk'd  the  fame. 

Therefore  his  Majejiy  experts  that,  upon  further 
and  better  Confideration  of  the  great  and  necej/ary  Con- 
j-equence  of  the  Bufmefs  <5/*Hull,  and  ferioujly  weigh- 
ing how  much  this  doth  concern  the  Peace  and  ^iiiet 
of  the  Kingdom,  you  will,  without  further  Injtance 
from  his  Majejiy,  give  him  full  and  fpeedy  Jit/lice 
Ggainjl  Sir  John  Hotham ;  and  he  leaves  all  his  good 
People  to  think  what  Hope  of  Juftice  there  is  left 
for  him,  when  you  /hall  refufe  or  delay  to  give  your 
own  Sovereign  Satisfaction :  And^  at  his  Majejiy  hath 
already  faid,  'Till  this  be  done  he  will  intend  no 
Bufmefs  whatfoever,  other  than  that  of  Ireland. 

And  his  Majejiy  likcwife  expecJs  that,  in  the  IVay 
you  have  exprefid  in  this  your  Anfwer,  you  will  not 
put  the  Militia  in  Execution,  untill you  can  foew  him 
by  what  Latu  you  have  Authority  to  do  the  fame  with- 
out his  Confent ;  or  if  you  do,  he  is  confident  that  he 
jhall  find  much  more  Obedience,  according  to  Laiu, 
than  you  again/I  Law  ;  and  his  Majejiy  Jhall  efteem 
allthofe  that  JJ)all  obey  you  therein,  to  beDifturbers  of 
the  Peace  of  the  Kingdom,  and,  in  due  Time,  call 
them  legally  to  a  flricJ  Account  for  the  fame. 

As  for  Ireland,  his  Majefty  refers  you  to  his  for- 
mer Anfwer. 

And 


5 1  o     We  Parliamentary  HISTORY 

An.  18.  Car,  I.      And,  lajlly,  concerning  his  Return,  he  never  heard 
1 642-        that  the  Jlandering  of  a  King's  Government  and  his 

<— -v •    faithful  Servants,  the  refufmg  of 'him  Juflice  in  a 

May'  Cafe  of  Treafon,  and  the  feeking  to  take  away  his  un- 
doubted and  legal  Authority,  under  the  Pretence  of 
putting  the  Kingdom  into  a  Pofture  of  Defence,  were 
Arguments  to  induce  a  King  to  come  near  or  hearken 
to  his  Parliament. 

The  Lords  and  Commons  had  another  Confe- 
rence on  the  Subject  of  the  foregoing  Letter  and  the 
Kino-'s  Anfwer ;  the  Refult  of  which,  as  to  the  for- 
mer^was,  That  both  Houfes  refolved.  to  maintain 
Both  Houfes  «' their  Commiflioners  at  York,  in  thofe  Things  they 
their  Committee!  had  done,  and  fhould  further  do,  in  Obedience  to 
their  Commands,  for  preferving  the  Peace  of  the 
Kingdom. 

A  Committee  was  alfo  appointed  to  draw  up  a 
fpeedy  Anfwer  to  the  King's  laft  Meflage. 

Sir  George  Strode  and  Mr.  Spencer  were  brought 
to  the  Lords  Bar,  where  the  Impeachment  of  the 
Commons  were  read  to  them  ;  but  both  thefe  Ac- 
cufations  are  wanting  in  the  Journals.  The  Lofs 
of  which  is  the  lefs  to  be  regretted,  fince  they,  moft 
probably,  differed  very  little  from  thofe,  already 
given,  againft  Sir  Edward  Dering, 

May  13.  Both  Houfes  join'd  in  a  Refolution  to 
declare, 'I  hat  any  Perfonwhatfoever  who  mail  arreft 
or  imprifon  the  Perfons  of  thofe  Lords  and  Gentle- 
men, or  any  of  them,  or  any  other  Member  of  ei- 
ther Houfe,  that  are,  or  (hall  be,  employed  in  the 
Service  of  both  Houfes  of  Parliament ;  or  (hall  of- 
fer Violence  to  them  for  doing  of  any  Thing  in 
purfuance  of  their  Commands,  or  the  InftrucHons 
of  both  Houfes  given  unto  them,  (hall  be  held  Di- 
fturbers  of  the  Proceedings  of  Parliament,  and  pub- 
lic Enemies  of  the  State  ;  and  that  all  Perfons  are 
bound,  by  the  Protection,  to  endeavour  to  bring 
them  to  condign  Punifhment :  That  a  Letter  ot 

Thanks 


Of    E  N  G  L  A  N  D.       511 

Thanks  be  fent  to  the  Committee  at  York,  and  a  An.  18.  Car.  I. 
Copy  of  thefe  Votes  with  it.  l64*. 

May  14.  This  Day  a  Bill,  intituled,  An  Aci  to 
rejlratn  Peers,  hereafter  made,  from  fitting  or  voting 
in  Parliament^  was  read  a  third  Time  in  the  Houfe  iimitbgCthe°r 
of  Lords,  and  palled  ;    the  Earls  of  Monmouth,  Bri-  Peerage. 
ftol,  and  Dover,  with  the  Lords  Mowbray,  Howard 
of  Charlton,  and  Capdl,  only,  diflenting. 

The  Commons  having  received  Betters  from  the 
Earl  of  Grmondznd  Sir  John  Temple,  dated  the  fifth 
of  May,  containing  a  further  Relation  of  the  Suc- 
cefs  of  his  Majefty's  Forces  in  Ireland;  and  ano- 
ther of  the  ninth  from  the  Lords  Juftices,  with  an  Further  Succefs 
Account  of  a  great  Viclory  obtained  over  the  Re- 
bels  there  by  Sir  Charles  Caste,  wherein  he  loft  his 
Life  by  an  unfortunate  Shot  from  one  of  his  own 
Men :  They  ordered  thefe  Letters  to  be  printed, 
and  alfo  refolved  to  move  the  Lords  to  join  with 
them,  in  befeeching  hisMajefty  to  beftow  the  Lands 
of  Florence  Fitzpatrick,  a  Rebel,  upon  Sir  Charles 
Coote's  Children,  according  to  the  Defires  of  the 
Lords  Juftices. — This  was  agreed  to  by  the  Lords. 

May  1 6.  The  Lord  Privy-Seal,  s  being  this  Day 
appointed  Speaker  of  the  Houfe  of  Lords,  in  the 
Abfence  of  the  Lord-Keeper,  deliver'd  a  Letter 
from  the  King,  in  which  was  a  Meflage  inclofed. 
The  Parliament  had  parted  and  fent  to  his  Majefty 
a  Bill,  For  levying  io,OOO  Men  for  the  Service  of 
Ireland  •>  to  which  he  returned  this  Anfwer  : 

York,  May  13,  1642. 

''THAT  he  had  ever  Jhewed  himfelffo  ready  to  <&  The  King's Rea- 
•*     any  Thing  that  might  conduce  to  the  SuppreJJion  off£™  0afEJ 
the  barbarous  Rebellion  in  Ireland,  that  he  doubts  not  iriiandt 
but  all  the  World  is  very  ivellfatisfied  of  his  true  Zeal 
therein :  Therefore  he  doth  not  conceive  why  the  Par- 
iiament foould  propofe  a  new  Way  of  levying  Men  for 

that 

C  Earl  of  Mancbejler. 


ffie  Parliamentary  HISTORY 

An.  18.  Car.  I.  that  Service;  efpecially  fince  bis  Majefty  bath  leenfo 
t  far  from  refuflnS  any  Levies,  that  he  hath  offered, 
formerly,  to  levy  IO,OOO  Men,  Volunteers,  in  cafe 
the  Parliament  would  promife  to  pay  them;  which,  at 
that  Time,  if  not  refufed,  at  leajl,  was  not  accepted* 
Beftdes,  you  may  well  remember,  that  when  his  Mff- 
jefly  declared  to  raife  20OO  Foot  and  20O  Horfe,forhis 
own  Guard,  upon  his  Intention  of  going  into  Ireland, 
the  Answer  to  that  was,  That  it  was  too  great  an 
Addition  of  Charge  to  the  Country, they  having  already 
undertaken  the  Pay  of  fo  many  Men ;  and  therefore 
his  Majefty  cannot  but  wonder,  what  Means  they  can 
now  find  to  pay  10,000  Men,  when,  but  a  little 
while  ago,  they  thought  2OOO  too  much.  But,jeeing 
it  is  far  jo  necefjary  a  Work,  his  Majefty  will  not  ex- 
amine the  Reajon  ofthisjudden  Alteration  of  Opinion^ 
being  glad  that  Means  will  be  jo  eajily  found  for  fo 
great  a  Supply,  as  this  for  I0,oco  Men  will  be',  only 
he  cannot  give  Way  that  the  Manner  of  levying  them 
Jhould  be  altered:  Therefore  he  offers  to  levy  the  above- 
named  Number  <,  in  the  old  accujlomed  Way,  under 
Juch  Commanders  as  his  Parliament  Jhall  have  no 
Caufe  to  dijapprove  of;  but  he  holds  it  very  inconve- 
nient to  fign  the  Bill  fent  unto  him  by  Way  of  an  In- 
jlruclion,  not  knowing  the  many  Inconveniences  that, 
ttpon  pajfing  thereof,  may  happen.  His  Majefty, 
likewife,  takes  Notice,  that  above  half  thofe  Ment 
for  which  he  hath  already  given  Commijjion,  are  yet 
unlevied,  or  at  leajl,  not  gone;  fo  that  if  the  Parlia- 
ment like  of  the  old  Way  of  levying,  which  he  can 
conceive  no  Reafon  why  they  Jhould  efchew,  he  under- 
takes there  Jhall  be  noTime  lojl  in  the  aforefaid  Levies. 

After  reading  this  MefTage  the  Commons  fent  Sir 
William  Lewis  up  to  the  Lords  with  a  long  Decla- 
ration, (which  had  been  the  Bufmefs  of  a  Committee 
for  feveral  Days  pnft)  containing  a  Recapitulation  of 
all  the  Errors  and  Mifcarriages  in  Government,  from 
the  DiiTblution  of  the  laft  Parliament ;  to  which 
were  added  many  Letters,  Examinations,  War- 
rants, and  Depofitions  ;  all  which  they  had  voted 
to  be  printed,  and'  alfo  publifhed  in  all  Parifh 

Churches. 


Of    ENGLAND.       513 

Churches.  Sir  William  Lewis  was  diredled  to  defire  An-  »*•  Car-  *• 

their  Lordfliips  Concurrence  therein,  and  to  give 

them  Satisfaction,  if  deiired,  in  thefe  Particulars  :         M^"* 

1.  Whether  the  King  hath  ever  given  other  De- 
nial to  any  public  Bill  offered  unto  him  by  Parlia- 
ment, than  by  fufpending  his  Aifent  for  a  Time  ? 

2.  Whether  a  Petition,  brought  up  by  the  Com- 
mons, and  approved  of  by  the  Lords,  hath  ever 
been  refufed  by  the  King  ? 

3.  WThether  any  Perfon  hath  ever  been  adjudg'd 
a  Traitor,  for  executing  the  King's  verbal  Com- 
mands, againft  the  Laws  of  the  Land  .' 

The  fame  Day  the  Commons  appointed  a  Com -The  Form  of  tj* 
mittee,  confifting  of  Mr.  Selden,  Mr.  Gfynne,  Sir£d^°*0th£f'* 
Symonds  D'Ewes,  Mr.  ffibitlockt,  Mr.  Br/V^ra^«,COnfideied. 
and  others,  to  conlider  of  the  Form  of  the  King's 
Oath,  as  it  is  upon  Record,  and  in  Books  of  good 
Authority,  and  of  the  Statute  of  25.  Edward  III. 
concerning  the  fame ;  next,  to  confider,  whether 
Kings,  in  refufing  Bills,  in  former  Times,  gave  any 
other  Anfwer  than  Le  Roy  s'avijera;  and  to  confi- 
der what  Perfons  have  been  proceeded  againft  for 
HighTreafon,  notvvithftanding  they  had  the  King's 
Command  ;  and  to  fearch  Precedents,  what  Par- 
liaments have  done,  heretofore,  in  like  Cafe  of  the 
King's  Abfence  from  Parliament ;  and  the  Parlia- 
ment's putting  Forces  in  Places  of  Strength,  to 
preferve  them  for  the  King  and  Parliament. 

May'lj.  The  Lord  Privy-Seal,  ftill  fitting  as 
Speaker  in  the  Abfence  of  the  Lord-Keeper,  ac- 
quainted the  Houfe,  That  a  Letter  was  come  from 
York,  directed  to  the  Lord-Keeper,  or  to  the 
Speaker  of  the  Houfe  of  Lords  for  the  Time  be- 
ing, which  was  commanded  to  be  read. 

This  Letter  is  omitted  in  the  Journals,  and  it  is 
only  faid,  That  divers  Papers  were  read :  And,  in- 
deed, there  are  many  Omiflions  of  this  Kind  in 
them,  about  this  Time  j  which  we  fupply  from 
the  Collections,  or  Diaries,  of  thefe  Times.  The 
Letter  and  Papers,  mentioned  above,  came  from 

VOL.  X.  K  k  the 


514      The  Parliamentary  HISTORY 

An.  is.  Car.  I.  the  Committee  at  Tork ;  which  were  Cent,  alike, 
1642.        to  the  Speakers  of  each   Houfe.     That  to  the 
*— 7>/~"-/    Commons  \vas  as  follows  : 

May. 

SIR,  York,  May  13,  1642. 

The  TorWre     T^  our  ^  Letter  we  gave  you  an  Account  of  our 

Committee's       -L  fr-Jt  and  fecond  Waiting  on  the  King.     IVe  wrote 

Account  of  the,  IQ  you  f]-,en,  that  his  Majejly  commanded  us  to  attend 

!l~  him  Tejlerdny,  being  ThurfJay,  to  hear  what  he  faid 

Gentry,  £V.  of  to  the  Gentlemen;  which,  a  little  before  the  Meeting, 

tbac  County.       fog  feccjided  by  a  particular  Meffage.      Being  come 

thither,  his  Mmejly  caufed  the  Jeveral  MeJJages  be- 

tiyjeen  him  and  the  Parliament,  mentioned  in  this  in- 

clofed  Paper,  to  be  read. 

This  was  dene  with  much  Humming  and  Applaufe 
of  the  King's  MeJJages,  by  fome  Perfons  who  had 
placed  themf elves  near  about  where  his  Majcfty  flood: 
But  when  an\  Thing  from  the  Parliament  came  to  be 
read,  with  fo  much  HiJJing  and  Reviling  of  the  Par- 
liament, that  tho\  in  Refpeff  and  Duty  fo  the  King's 
Perfon  we  could  not  refent  it  as  otherwife  we  Jhould 
have  done ;  yet  we  have  fence  expoflulated,  and  com- 
plained of  it  to  his  Majejly.  Some  were  fo  bold  as  to 
fay  openly,  That  the  Parliament-Men  fhould  fet 
their  Houfes  in  Order,  for  many  of  them  fhould 
fhortly  have  their  Heads  off;  cue  of  which  (as  fence 
we  are  credibly  informed)  was  one  Hurft,  a  Servant 
to  Mr.  William  Crofts. 

In  this,  which  ivas  faid  by  the  King,  you  will  fee 
what  Reafon  we  had  to  vindicate  ourfelves  ;  and 
therefore  we  immediately  repaired  to  the  Dean's 
Hciife,  with  all  the  other  Gentlemen,  and  there  nv 
tcok  Notice  of  the.  rough  Ufage  we  had  received:  We 
tcld  them,  That  it  was  neither  Indifcretion  nor  Dif- 
cbedience  in  us,  (as  his  Majejly  was  pleafed  to  call  it) 
tt  deliver  the  Parliament's  Mejfage,  or  to  Jlay  here, 
tbo'  commanded  to  the  contrary,  fence  we  conceived  no 
Man  needed  f)  be  fat  is  feed  in  fo  clear  a  Cafe  as  this, 
That  every  Member  of  each  Houfe  ought  to  obey  their 
Commands,  when  they  were  pleafed  to  employ  them  : 
But  Jmce  his  Mdjejly  thought  fit  to  bid  them  take  heed 
of  US)  not  kin  wing  what  Dottrine  of  Difobedien:e  ia 

might 


Of    E  N  G  L  A  N  D.      515 

mi'*bt  preach  to  them,  under  Colour  of  obeying  the  An.  18.  Car. 
Parliament,  we  appealed  to  every  Man,  Whether  ive        1642. 
bad,  in  Word  or  Deed,  in  Public  or  in  Private,  done   v — M*"'*"'' 
any  Thing  that  became  not  bone/l  Men,  and  Perfohs 
employed  from  the  Parliament :  That  we  had  com- 
municated our  Inftruffioris  to  his  Majefly,  being  that 
%u  here  by  we  would  avow  all  our  Actions,  and  that  vie- 
wer e  confident  it  would  not  be  faid  we  had  tranf- 
grej/ed  them  c.    This  was  very  well  taken  and  jujti- 
fied  by  the  Country. 

Yeftcrday  there  came  divers  Thousands  of  Free- 
holders to  this  City,  though  none  but  the  Gentry  were 
jummoned\  but  receiving  a  Command  fr am  the  King 
nit  to  come  to  Court ^  they  forbore,  and  Jlaid  in  fb& 
Cajlle-Yard;  yet  fent  this  Petition  inclofed  to  bis 
Majefty,  and  received  the  Anfwer  annexed  thereuntOi, 

There  was  likewife  a  Committte  of  twelve  Gentle- 
men appointed,  Yejicrmghi,  to  confider  of  drawing  up 
an  Anjwer ,  to  the  King's  Proportion  concerning  a 
Guard :  But  nothing  could  be  then  done,  becaufe  it 
was  pajl  Three  o'clock  before  the  Gentlemen  wert 
admitted  to  the  King. 

This  Morning  the  Freeholders  affembled  again  in 
theCaftle-Yard;  there  they  made  thisProicJlution  in- 
clojed,  of  their  Right  of  Voting  in  what  concerneth  the 
Peace  of  the  Country,  as  having  their  Interejl  therein* 

lichen  we  all  met  this  Morning  again  at  the  Dean's 
Houfe,  we,  who  are  your  Committees,  received  thin 
MeJJage  by  Sir  Edward  Stanhope,  That  he  came 
from  his  Majefty  to  command  us,  that  we  fhould 
depart  from  this  Meeting;  and  if  we  did  ftay,  hi? 
Majefty  would  judge  us  guilty  of  what  he  fpake  of 
Yefterday,  which  was,  Tampering.  Notwithjland- 
ing  which  Command^  we  read  the  fourth  Article  of 
our  In/lruflions  to  the  whole  Company,  that  being 
pertinent  to  the  Bufmefs  we  were  then  upon ;  and  de- 
fer'd  them  to  confider,  whether  th'e  Parliament  had  not 
exprejfed  therein  fuch  a  Care  cf  the  King's  Safety, 
that  there  would  be  little  Need  of  Guards.  We  told 
them,  That  we  had  a  good  Right  of  being  there  as 
K  k  2  Free- 

c  Thefe  are  before  given  at  p.  489. 


516     The  Parliamentary  HISTORY 

An.  iS.  Car.  1.  Freeholders  of  the  County,  but  that,  in  Obedience  *<J 

1642.         tjj£  King,  we  would  depart  for  this  Time;  yet  when- 

v"""""v~"*~/   foever  there  Jhoitid  be  Occajion  of  our  being  there ,  in 

A  dy>        Purfuance  of  our  InftrutJions  from  the  Parliament , 

we  fnould  be  ready.     The  whole  Con<pany  received 

great  Satisfaction,  and  'de fired  a  Copy  of  that  In- 

flruftion,  which  we  gave  them. 

IVe  were  the  more  willing,  at  that  Time,  to  go 
from  thence,  bi  caufe  we  fnould  not  only  give  Obedience 
to  the  King's  Command,  which  otherwise  he  would 
have  faid  we  conjlantly  difoheyed ;  but  becaufe  the 
Committee"  of  Twelve,  appointed  Yejlernight,  were 
then  to  withdraw ;  fo  that  there  ^vas  nothing  for 
the  prefent  for  us  to  do:  We  immediately  went  to  the 
Kin%,  and  be  fought  him,  That  fence  we  were  conti- 
nually fo  dif countenanced  by  him,  in  the  Face  of  our 
County,  he  would  be  pleafed  to  let  us  know  in  parti- 
cular wherein  we  had  given  the  Occajion ;  for  we 
otherwise  conceived  ^ve  ^vere  deprived  of  that  Liberty, 
which  was  our  Due,  in  refpeft  of  that  inter  eft  we  had 
here.  His  Majefty  was  pleafed  to  tell  us,  That  if 
we  would  lay  afide  that  Condition  of  Committees 
from  the  Parliament,  he  would  not  hinder  us  to  be 
there  as  Gentlemen  of  the  County.  IV e  humbly 
replied,  That  we  could  not  lay  that  down,  nor 
could  we  be  abfent  from  any  Meeting,  where  our 
Prefence  was  required  for  the  Service,  as  Commit- 
tees from  the  Parliament.  To  which  his  Majefty  faid^ 
That  indeed  he  thought  we  could  not  lay  it  down, 
neither  was  it  reafonable  that  we  mould  haveVotes, 
and  be  in  a  double  Capacity.  The  Committee  hath 
keen  together  moJiPart  of  this  Day;  but  not  agreeing, 
Jix  of  them  have  drawn  up  this  Anfioer  inclofed, 
which  they  have  communicated  to  the  Gentlemen  and 
Freeholders ;  the  greater  Part  of  the  Gentlemen,  and 
.  all  the  Freeholders,  have  agreed  to,  and  fubfcribed  it. 
The  other  fix  have  concluded  upon  this  other  Anfwer^ 
conjenting  to  a  Guard  of  Horfe ;  but  to  this  we 
do  not  hear  they  have  gotten  many  Names,  nor  can 
we  get  a  Copy  of  thofe  Names  as  yet,  though  thefe  be 
•i'fry  ft"  ft' ;  yd  whether  they  can  bring  in  any  Horfe 


Of    E  N  G  L  A  N  D.     517 

or  w,  "We  cannot  yet  judge.    The  King  hath  received^.  18.  Car.  I. 
both  thefe  Rejolutions,  luhicb,  ^vith  his  Anfwer  s  to        164*- 
them,  you  likewife  have  here  inclofcd:  And  firjl          **~~\£*** 

His  MAJESTY'*  SPEECH, 
GENTLEMEN, 

I  Have  Caufe  of  adding  to,  not  altering,  what  I 
meant  to  fay.  When  I  gave  out  the  Summons 
for  this  Day's  Appearance,  I  little  thought  of 
thefe  Meflengers,  or  of  fuch  a  Meflage  as  they 
brought;  the  which,  becaufe  it  confirms  me  in 
what  I  intend  to  fpeak,  and  that  I  defire  you 
foould  be  truly  informed  of  all  Paflages  between 
me  and  the  Parliament,  you  mall  hear  read,  firflr, 
my  Anfwer  to  the  Declaration  of  both  Houfes 
concerning  Hull ;  the  Anfwer  of  the  Parliament 
to  my  two  Meflages  concerning  //#//,  together 
with  my  Reply  to  the  fame;  and  my  Meflage  to 
both  Houfes,  declaring  the  Reafons  why  I  re- 
fufed  to  pafs  the  Bill  concerning  the  Militia. 

All  which  being  read^  his  Majcfly  proceeded : 
*  I  will  make  no  Paraphrafes  upon  what  ye  have 

*  heard,  it  more  befitting  a  Lawyer  than  a  King, 
'  only  this  Obfervation,   That  lince  Treafon  is 

*  countenanced  fo  near  me,  it  is  Time  to  look  to 

*  my  Safety:  I  avow  that  it  was  Part  of  my  Won- 

*  der,  That  Men  (whom  I  thought,  heretofore, 
'  difcreet  and  moderate)  mould  have  undertaken 
'  this  Employment ;  and  that  imce  they  came,  I 

*  having  deliver'd  them  the  Anfwer  you  have  heard, 

*  and  commanded  them  to  return  perfonally  with 

*  it  to  the  Parliament,  they  fhould  have  flatly  dif- 
'  obeyed  me,  upon  Pretence  of  the  Parliament's 
'  Command.     My  End  in  telling  you  this,  is  to 
'  warn  you  of  them  ;  for  fmce  thefe  Men  have 
'  brought  me  fuch  a  Mefiage,  and  difobey'd  folaw- 
'  ful  a  Command,  I  will  not  fay  what  their  Intent 
'  of  ftaying  here  is ;   only  I  bid  you  take  heed,  not 
'  knowing  what  Dodtrine  of  Difobedience  they 
'  may  preach  to  you,  under  Colour  of  obeying  the 

*  Parliament. 

K  k  3  «  Hither- 


5i 8      The  Parliamentary  HISTORY 

18.  Car.  I.      '  Hitherto  I  have  found  and  kept  you  quiet,  the 

1642.        t  enjoying  of  which   was  a  chief  Caufe  of  my 

-"V— w*    *  coming;  hither.    Tumults  and  Diforders  made  mo 

May>         «  leave  The  South,  and  not  to  make  this  the  Seat 

'  of  a  War,  as  Malice  would  (but  I  hope  in  vain) 

c  make  you  believe  :    Now,    if  Difturbances   da 

*  come,  I  know  whom  I  have  Realon  to  fufpecl. 

*  To  be  ihort ;  you  fee  that  my  Magazine  is  go- 
«  ing  to  be  taken  away  from  me  (being  rny  own 

*  proper  Goods)  dire£tly  againft  my  Will  ;  The 

*  Ordinance  for  the  Militia  (againit  Law  and  my 
'  Confent)  is  going  to  be  put  in  Execution  :  And, 

*  laftly,  Sir  ''John  liotbains  Treafon  is  countenan- 
'  ced:  All  this  considered,  none  can  blame  me  to 

*  apprehend  Dangers  j  therefore  I  have  thought  fit 
'  (upon  thefe  real  Grounds)  to  tell  you,  That  I 

^  am  refolved  to  have  a  Guard  (the  Parliament  ha- 
'  ving;  had  one  all  this  while  upon  imaginary  Jea- 
4  lo.uiics)  only  to  fecure  my  Perfon ;  in  which  I 

*  defire  your  Concurrence  and  Afilftance;  and  that 
<•  I  may  be  able  to  protect  you,  the  Laws,  and  the 
«•  true  Protefbnt  Profeflion,  from  any  Affront  or 

*  Injury  that  may  be  offered  ;  which  I  mean  to 
'  maintain  myfelf,  without  Charge  to  the  Coun- 
'  try;  intending  no  longer  to  keep  them  on  foot, 
'  than  I  fliall  be  fecured  of  my  jufl  Apprehenfions, 
'  by  having  Satisfaction  in  the  Particulars  before- 
t  mentioned.' 

The  ANSWER  offeveraloftbeYork&lre  GENTRY, 
to  the  KING'.?  PROPOSITION  for  a  Guard. 

To  the  KING'J  Mcjl  Excellent  MAJESTY. 
'  "^TTE  Knights  and  Gentlemen,  whofe  Names 
'     y  V      are  fubfcribed,  do  unanimously  prefent 

*  this  our  Anfwer  to  yourMajefty'sProoofiiipn  con- 

*  cerning  the  raifing  of  a  Guard  of  Horfe,  for  the 

*  Security  and  D<  fence  of  your  Sacred  Perfon :  That 

*  to  this  Propoiition,  as  we  conceive  ourfelves  bound. 

*  by  our  Allegiance,  we  do  willingly  concur.    P'or 
6  that  Purpofe  humbly  defiring,  That  the  aforefaid 

*  Guard  may  be  raifed  by  legal  Authority  j  and  like- 

•    ife 


Of    E  N  G  L  A  N  D.       519 

*  wife  that  it  may  confift  of  Pcrfons  unqueftionable  An.  i3.  Car.l, 

*  in  their  Religion,  and  Gentlemen.'  l642- 

The  Sub/lance  of  bis  Maytfty's  REPLY,  fent  by  Mr.        May. 

Secretary  NICHOLAS  :    ' 

4  His  Majcfty  gave  them  Thanks,  for  it  ap- 
peared as 'a  latisfactory  Anfwer;  and  in  it  they 
had  fhewed  great  Circumfpedtion  and  Wifdom, 
by  chufmg  fuch  vvhofe  Loyalty  could  not  be  que- 
ftioned,  by  excluding  Recufants  and  all  fufpected 
to  be  diffaffeftcd.' 

The  ANSWER  of  tbofe  GENTLEMEN  and  FREE- 
HOLDERS, who  fubjcril'fd  the  fame  at  the  Dean's 
Hcufe^  where  the  Sheriff  was  : 

May  it  pleafe  your  Moft  Sacred  Maj-efty, 
'  r¥~>HE  Proportions,  delivered  to  us  Yefterday 
'     JL     from  your  Majefty,  are  of  fohigh  Concern- 
'  ment  to  the  Weal  and  Peace  of  the  whole  King-; 

*  dom,  and  do  fo  nearly  touch  upon  the  Affection 
'  and  Fidelity  of  all  your  Subjects  in  general,  as  we, 
'  being  but  a  Part  of  one  County  only,  do  not  con- 
'  ceive  it  is  fafe  for  us  to  advife  therein  ;  but  rather 
'  humbly  to  befeech  your  Majefty  to  impart  the 

*  Grounds  of  your  Majefty's  Fears  and  Jealoufies 
'  to  your  High  Court  of  Parliament,  of  whofe 

*  moil  loyal  Care  and  Affection  to  your  Majefty's 
'  Honour  and  Safety,  and  the  Profperity  of  your 
'  Subjects  and  Dominions,  we  are  moft  confident; 
'  and  whatfoever  mail  be  advifed  by  your  Great 

*  Council,  therein  we  (hall  moft  willingly  embrace, 

*  and  give  our  Concurrence  and  Afliftance  to  it  as 
'  (hall  become  us,  in  whofe  Fidelity  and  Affection 

'  your  Majefty  hath  often  declared  efpecial  Xrufty  - 
'  and  albeit  we  do  not  prefume  to  advife  your  Ma- 
'  jefty  in  that  Particular,  being  of  tranfcendentCon- 
'  fequence  ;  neverthelefs,  in  the  Behalf  of  thofe 
'  Members  of  Parliament  lately  employed  to  attend 
'  your  Majefty  from  both  Houfes,  being  all  of  them 

*  Gentlemen  of  Quality  and  Eftate  in  this  County, 

*  and  trailed  to  ferve  in  that  moft  Honourable  Af- 

« fembly 


1642. 


Mav. 


520     The  Parliamentary  HISTORY 

An.  iS.  Car.  I. '  fembly,  we  humbly  crave  your  Majefty's  Leave  to 

*  exprefs  our  Confidence  in  their  unitained  Loyalty 
'  and  Affe&ion  to  your  Majefly  to  be  fuch,  as  your 

*  Majefty  may  fecurely  admit  their  Attendance  to 
'  negotiate  their  Employments,  till  they  be  recalled 

*  by  the  Parliament :  And  for  their  Fidelity,  we  all 
'  engage  ourfelves  to  your  Majefty  ;  and  we  r.re 
'  moft  allured  that  your  Royal  Perfon  {hall  be  le- 
'  cure  in  the  general  Fidelity  of  your  Subjects  of  this 
'  County,  without  any  extraordinary  Guard.' 

The  N  A  M  E  s  of  thofe  GENTLEMEN  as  taken 
down  by  the  S  H  E  R  i  F  F. 


Sir  Thomas  Fairfax, 
Sir  William  Conjiable, 
Sir  Matthew  Boynton, 
Sir  Thomas  Gower, 


Sir  William  St.^uintin,    George 


Richard  Trewman^ 
Sackvill  Pope, 
Thomas  PIcblethvjaitey 
George  Eure, 


Sir  Edward  Rhodes, 

John  Savile,  of  Medley  , 

Sir  William  Crawley, 

John  Saltmarfoe 

Sir  Thomas  Norclife, 

William  Copley, 

Sir  Arthur  Ingram, 

Lionel  Copley, 

Sir  Richard  Darley, 

Edward  Gower, 

Sir  Jervas  Cutler, 

Cuthbert  Creike, 

Sir  William  Fairfax, 

William  Cobb, 

Sir  Hugh  Bethell, 

Doyley  Gower, 

Sir  >£?z  Saville, 

Thomas  Rookebie, 

Sir  William  Lyjler, 

John  Caherley, 

Sir  Thomas  Re?nington, 

Francis  GrimJJcn, 

Thomas  Jopfon, 

John  Anlabie, 

Henry  St,  Quintin, 

Arthur  Beckivith, 

Arthur  Naell, 

Chrijhpher  Waters, 

V  obias  Jenkins, 

Matthetu  Beckwith) 

Henry  Jenkins, 

Chriflopher  Copley^ 

John  Farrer, 

Thomas  Crsft, 

John  Wejt, 

William  Parker, 

Henry  Atkinfon, 

George  Trotter, 

Henry  Wytbes, 

Henry  Wejlby, 

William  Bethell, 

William  Jennings, 

George  Mountain, 

Thomas  Bradford, 

Thomas  Stockdalf, 

Richard  Wildbore, 

William  Gower, 

Job  Hadwood, 

Of    E  N  G  L  A  1ST  D.      521 

Matthew  Allured^  Stephen  St.  ®>uintin,          An.  18.  Car.  1. 

Robert  Sheppard,  Willoughby  Godfrey^  i64»- 

John  Acklam,  Lancelot  Allured.  **• — v-^J 

"John  Stillington,  J°^n  Beverley, 

Jervas  Hammond,  Griffith  Boynton, 

"John  Cholmley,  George  Weftby, 

Thomas  Newarke,  Benjamin  Browne^ 

Henry  Saviie,  Charles  Fairfax, 

"John  Lambert^  Henry  Arthingtoiij 

Francis  Grirnftff*,  Henry  Tempeji. 

Thefe  were  the  Names  fubfcribed  in  cne  Sheet, 
there  being  many  other  Sheets  filed  together,  all  of 
them  fubfcribed,  and  amongjl  them  many  Gentlemen 
of  Note  ;  but  we  took  Notes  only  of  the  firjl  Sheety 
having  no  more  Time. 

His  Majefty's  ANSWER  returned  by  the  Sheriff". 

'  His  Majefty  expe&s  the  like  Affedion  from 
'  you  that  he  doth  from  the  other  Gentlemen,  and 

*  he  hath  the  fame  Confidence  in  you  that  he  hath 

*  in  the  others.* 

To  the  K I N  G'J  Mojl  Excellent  Majejly. 

The  HUMBLE  PETITION  of  many  Thoufands  of 
your  Majefty' s  peaceably- ajfefted  SUBJECTS  of  we 
County  of  York, 

Shewetb, 

'  r  i  ^HAT  many  of  your  Petitioners  being,  in 
'     X      tne'r  ^ate  Defines  of  petitioning  your  Ma- 

*  jefty,  denied  Accefs,  kept  back  with  V  iolence,  an  J 

*  recei\'ing  great  Affronts  from  fome  that  have  De- 

*  pendency  on  your  Majefty,  and  others  there  af- 

*  fembled  ;  yet  no  Provocation  could  remove  them 

*  from  their  Patience  and  Duty. 

*  Thefe  Proceedings  are  taken  more  to  Heart, 

*  your  Petitioners  conceiving  it  undeniable  that  they 

*  have  an  Intereft  in  the  Commonwealth,  and  are 

*  as  dutiful  and  loyal  Subjects  to  your  Majefty  as  any 

4  whom- 


522     The  Parliamentary  HISTORY 

whomfoever ;  though  divers  of  them  have  been 
fince  uncivilly  prefted  by  fome,  in  your  Msjefty's 
Name,  to  fubfcribe  a  Paper,  ftyled,  The  Anjwer  to 
your  Majefty's  Proportions,  and  threatened  thereto 
(upon  which  Blows  followed)  ;  and  that,  when 
your  Majefty's  Army  fhould  be  on  foot,  thofe 
fliould  be  firft  pillaged  that  refufed  fuch  Subfcrip- 
tion  ;  which  we  humbly  conceive  is  positively 
contrary  to  your  Majefly's  own  Exprefnons,  and 
is  to  the  high  Diflionour  of  your  Majefty,  and 
the  great  Affrightment  and  Dilturbance  of  your 
Majefty's  liege  People. 

'  Therefore  your  Petitioners,  having  too  juft 
Caufe  to  fear  your  Majefty's  Royal  Heart  is  ftill 
in  Danger  to  be  pofleired  with  fome  Diftafte  of 
your  Petitioners,  humbly  fupplicate  your  Majefty 
to  conceive  better  Things  of  them,  and  to  caft 
yourEye  upon  the  prefentState  of  this  yourKing- 
.dom;  that,  as  your  Majefty  hath  often  declared 
your  Affection  to  this  County,  fo  your  Love 
might  now  be  expreffed  in  preferving  the  Peace 
thereof;  and  that  your  Majefty,  would  admit  of 
a  right  Information  of  the  clear  Intentions  of  your 
Petitioners,  who  are  confident  that  none  fo  abfo- 
lute  and  hearty  Obfervance  to  your  Majefty's  juft 
Commands  can  be  demonstrated,  as  what  your 
Majefty  in  Parliament  {hall  declare  ;  which,  if  it 
be  divided,  (as  God  forbid)  our  Hearts  even  trem- 
ble to  confider  the  Diminution  of  the  Honour  and 
Safety  of  your. Majefty's  Pofterity,  and  the  Dan- 
gers the  Kingdom  will  unavoidably  be  put  upon  ; 
fince  it  is  clear  to  every  Underftanding,  that  it  is 
not  a  divided  Part  of  one,  or  feveral  Counties, 
that  can  afford  that  Honour  and  Safety  to  your 
Majefty  as  the  whole  Kingdom,  which  you  may 
command;  no  Ground  or  Fear  of  Danger  remain- 
in;?  if  a  good  Confidence  were  begot  betwixt  your 
Majefty  and  the  Parliament,  whofe  grave  and 
loyal  Counfels  are,  as  we  humbly  conceive,  the' 
vifible  Way,  under  God,  to  put  a  fpeedy  End  to 
the  Troubles  of  Ireland^  and  eilablifh  your  Throne 
in  Righteoufnefs. 

'And 


Of   E  N  G  L  A  N  D.       523 

«  And,  Injilyj  your  Petitioners  do  humbly  fuppli- 
cate,  that  we  may  rcprefent  our  Unfitnefs  to  be- 
come Judges  betwixt  your  Majefty  and  the  Parlia- 
ment in  any  Thing,  or  difpute  the  Authority  of 
cither,  which  they  humbly  conceive  do  fortify  each 
other ;  it  being  moft  unfit  for  them  to  aft  any 
Thing  therein  but  by  their  Prayers  for  a  right  Un- 
derftandingbctwixt  your  Majefty  and  them,  which 
we  fhall  heartily  do ;  as  alfo  for  your  Majefty's 
long  and  profperous  Reign  ;  and,  as  we  are  bound 
by  our  late  Proteftation,  fhall  be  ready, to  main- 
tain your  Majefty's  juft  Rights,  the  Privileges 
and  Power  of  Parliament,  and  the  lawful  Liber- 
ties of  the  Subjeft.' 

The  KING'S  ANSWER  to  the  foregoing  PETITION  of 
the  Country,  by  Mr.  Secretary  NICHOLAS. 

6  T  TIS  Majefty  having,  with  fome  Care,  con- 
c  J_  _j_  fidered  this  Petition,  being  the  firft  of  this 

*  Nature  that  hath  been  prefented  to  him,  wherein 

*  any  appearing  well  affefted  to  his  Service  (tho' 
'  he  hath  heard  of  many  to  the  contrary)  have  mif- 
'  demean'd  themfelves,  hath  commanded  me  to 

*  give  you  this  Anfwer  : 

4  That  he  doth,  totally,  difavow  the  Proceedings 

*  complain'd  of  in  the  Petition  ;  and  expefts  that 
'  you,  and  all  others  his  loyal  Subjects,  mail  reft 
'  fatisfied  with  his  feveral  gracious  Declarations, 

*  and   conftant    peaceable   Practice    towards    his 
'  People;  and  for  further  Aflurance,  upon  juft  Proof 

*  made  againft  any  Man  who  hath  committed  any 

*  Violence  in  Words  or  Actions,  without  juft  Pro- 

*  vocation-,  full  Reparation  fhall  be  given  to  the 

*  Parties  injured. 

*  As  for  the  other  Part  of  this  Petition,  his  Ma- 
'  jefty  faith,  That  it  is  fo  confufed  he  does  not  well 
'  know  what  pofitive  Anfwer  to  give  to  it ;  and  the 
'  rather  becaule  it  is  grounded  upon  Mifinformation 
'  both  of  his  Majefty's  Proceedings  and  Intentions; 

*  as,  in  particular,  his  Majefty  faith,  He  never  in-' 

« tended 


524     The  Parliamentary  HISTORY 

A*.  18.  Car.  i.e  tended  to  have  you  to  be  Judges  betwixt  him  and 
164.2.       *  nis  parliament. 

U*MT"1""J     *  ^or  the  re^ 0<r  th*s  Pet^tion  he  refers  to  nis  ^ef* 

y'        «  fages,  Declarations,  and  Anfwers ;  whereby  it  will 
'  clearly  appear,  That  his  Defire  and  Intention  is, 

*  only,  the  Preferving  of  the  true  Proteftant  Profef- 
'  fion,  the  Laws  of  the  I/and,  the  Liberty  of  his 
'  People,  the  Peace  of  the  Kingdom  in  general, 
«  and  the  Peace  of  this  County  in  particular.' 

The  PROTESTATION   of  the  FREEHOLDERS   of 

Yorkfhire. 

«  T  T  THereas  his  Majefty  was  pleafed  to- give 
'  V  V  Summons  to  the  Gentry  of  this  County 
'  to  attend  him  at  his  Court  at  York,  the  I2th  of 
'  May  Inftant,  to  adviie  with  him  in  fome  Parti- 

*  culars,  concerning  the  Honour  and  Safety  of  his 
'  Majefty's  Perlbn,  and  the  Well-being  and  Peace 
'  of  this  our  County ;  and  in  the  faid  Summons 
'  was    pleafed    to  omit   the   Freeholders  of  this 
'  County,  out  of  a  tender  Refpe&  of  putting  them 
'  to  any  extraordinary  Charge ;  yet  we,  confcious 
'of  our  fin  cere  Loyalty  to  his  Majefty  our  gra- 
'  cious  Sovereign,  and  conceiving  ourfelves,  ac^ 
'  cording  to  the  Proportions  of  our  Eftates,  equally 
'  intereifed  in  the  common  Good  of  the  County, 
'  did  take  the  Boldnefs  to  come  in  Perfon  to  Yorky 

*  and  were  ready  to  attend  his  Majefty's  Pleasure 
4  there : 

'  And  whereas  his  Majefty  being  pleafed  then  to 

*  propound  feveral  Things  to  the  Purpofe  aforefaid, 
'  at  the  Meeting  of  the  County,  to  confider  a  fit 

*  Anfwer  to  return  to  his  Majefty  thereupon,  the 
'  Doors  of  the  Meeting-houie  were  (hut  againft  us, 
'  and  we  utterly  excluded  ;  and,  in  our  Abfence, 
'  a  Referree  of  Knights  and  Gentlemen  chofen, 
'  without  our  Knowledge  or  Confent,  to  draw  up 
'  the  faid  Anfwer :  We  the  Freeholders  who  peti- 

*  tion'd  his  Majefty  the  Day  abovefaid,  conceiving 

*  ourfelves  abundantly  injured  in  the  Election  of  the 

*  faid  Referree,   not  knowing  any  Warrant,   by 

*  Wiit,  or  otherwife,  for  the  fame ;  and  that  we 

*  ought 


Of    E  N  G  L  A  N  D.      525 

ought  not,  however,  to  be  concluded  by  any  Re-  An- l*'  Car*  * 
folution  of  theirs  without  our  Aflent  in  their  E-     ^*  4*-^ 
lection,  do,  abfolutely,  protcit  and  declare  againft         Ma)., 
the  faid  Election  ;  and,  as  far  as  concerns  us,  dif- 
avow  whatfoever  (hall  .be  the  Refult  of  their  Con- 
fultation  thereupon;  and  do  defire  a  new  and  fair 
Election  of  a  Referree  may  be  made,  we  admitted 
to  our  free  Votes  in  the  fame,  and  fome  one  or 
more,  to  be  nominated  by  us,  allowed  to  deliver 
our  Senfe  for  us  at  another  Meeting :  And  that 
we  (hall  not  make  good,  in  the  leaft  refpeft,  any 
Thing  whatfoever  which  {hall  otherwife  be  con- 
cluded upon.' 

Sir,  His  Majejiy  bad  declared ',  himfelf,  Yejterday, 
that  be  would  raife  that  Regiment  which  was  Sir 
Robert  Strickland'j,/0r  his  Foot-Guard;  but  he  hath 
now  laid  afide  that  Refolution.  The  Freeholders  of 
the  County  are,  now  newly,  fummoned  to  attend  his 
JWajefty  about  a  Week  hence,  the  three  Ridings  upon 
three  fev  era!  Days ;  but  for  what  Service  we  know  not. 

You  have  here  a  large  Narrative  of  the  PaJ/ages 
at  this  Meeting.  What  Dangers  this  poor  Country 
lies  under ;  we  humbly  refer  to  you  to  judge,  not  ta- 
king upon  us  to  deliver  any  Opinion. 

The  Rufmefs  lafted  fo  long,  that  it  hindered  us 
from  giving  a  more  Jpeedy  Account.  Sir,  this  is 
what,  at  this  Time,  is  fent  from 

Your  aflured  Friends  and  Servants, 
FER.  FAIRFAX. 
Hu.  CHOLMLEY. 
PHIL.  STAPYLTON. 
HEN.  CHOLMLEY. 

May  17.  A  Conference  was  held  this  Day,  in  A  Conference 
relation  to  the  foregoing  Affairs ;  the  Report  of  theteuP°n« 
which  was,  That  the  Commons  defired  to  keep 
a  good  Correfpondency  between  both  Houfes,  to 
prevent  the  Mifchiefs  that  were  elfe  likely  to  en- 
fue.      They  likewife  obferved  with  what  Care, 
Wifdom,  and  Diligence,  the  Committee  do  pro- 
ceed 


526     Tie  Parliamentary  HISTORY 

.  1 8.  Car.  l.ceed ;  and  defired  that  Notice  might  be  taken  of  it, 
1642.        and  Thanks  return'd  to  them  and  the  High  Sheriff* 

v""*" ;    alib  to  thofe  Gentry  and  Freeholders  who,  in  all 

Ms-'  thefe  Proceedings,  have  exprefTed  their  AfFeclion 
and  Loyalty  to  the  King  and  Parliament,  for  their 
good  Service  herein.  Ordered,  That  the  Letter 
and  Papers  from  York  fhould  be  forthwith  printed 
and  publifhed  in  one  Book.  " 

It  was  this  Day  ordered,  by  the  Lords  and  Com- 
mons in  Parliament,  That  a  former  Order,  of  May 
the  5th,  requiring  the  Sheriffs  of  London  and  Mld- 
dlefex  to  fend  down  a  complete  Company  of  Train- 
ed-Bands, under  the  Command  of  Serjeant-Maj.or 
Sh'ppon,  to  attend  both  Houfes,  (hall  (till  continue. 
The  fame  Day  the  Lords  were  informed  of  a 
Rumour,  That  a  Command  was  come  for  remo- 
ving the  next  Term  to  York,  which  would  be  very 
prejudicial  to  the  Kingdom  ;  therefore  they  fent  the 
Earl  of  EJJex  and  the  Lord  Kimbolton  to  the  Lord- 
Keeper,  to  know  if  he  had  heard  any  Thing  of  it. 
After  fome  other  Bufinefs  done,  the  two  Lords 
returned  from  the  Lord -Keeper,  and  faid,  That 
his  Lord  (hip  confefied  he  had  receiv'd  a  Letter  from 
the  King,  the  laft  Night,  importing  the  Adjourn- 
ment of  the  next  Term  to  York^  and  to  order  a 
Proclamation  and  Writs  out  for  that  Purpofe : 
That  he  was  to  advife  with  the  Judges  concerning 
the  Manner  of  them  ;  and,  accordingly,  he  had 
acquainted  them  with  it,  but  Nobody  elie;  though 
nothing,  as  yet,  was  done  in  it. 

The  Lords,  taking  this  Matter  into  Confidera- 
tion,  were  of  Opinion,  That  it  was  illegal  to  re- 
move the  Term,  in  regard  of  the  late  A6t  of  Par- 
liament for  the  Continuance  of  it :  That  it  was 
contrary  to  the  Practice,  and  inconfiftent  with  the 
Sitting,  of  Parliament,  and  to  the  exprefs  Writs 
which  call  Affiftants  to  that  Houfe.  Then  the 
Queftion  was  put,  Whether  the  King's  removing 

the 

u  This  was  done  accordingly :  And  from  the  Original  Edition 
thereof  (printed  by  j4»  Norton,  "for  John  Frank,  in  1'hct-fticet)  the 
foregoing  Letter  and  Papers  are  copied.  Some  of  them  are  in  Huf- 
landi  and  Rujbivirtb,  but  incctrcdt.1 


Of    ENGLAND.       527 

the  Term  to  York  ,  from  Weftminjler^  the  Parlia-  An.  iS.  Car.  f. 
ment  fitting,  was  not  illegal  ?  It  patted  in  the  Af-        l642- 
firmative.    They  further  ordered,  That  the  Lord-    *~~^£~~J 
Keeper  (hould  not  iflue  out  any  Writs,  or  feal  any 
Proclamation  to  thatPurpofe.  This  Vote,  &c  .  to  be  Tjie  intended 
communicated  to  the  Commons,  at  a  Conference,  Removal  of  the 
and  then  to  be  forthwith  printed  and  publifhed.      ^"^  ^ 

At  this  Conference  the  Commons  acquainted  the>0' 
Lords  with  another  Letter  from  the  King,  directed 
to  Captain  Philip  Sdippon,  Captain  of  the  Military 
Garden,  in  St.  Martin's  in  the  Fields,  London,  com- 
manding the  laid  Captain's  immediate  perfonal  At- 
tendance on  his  Majefty  at  York,  on  Pain  of  his 
higheft  Difpleafure.  On  which  the  Commons  had 
paused  the  following  Votes  : 

Refolved,  upon  the  Queftion,  *  That  for  his  Ma-  Reflations  a-^ 

' 


jefty,  at  his  Pleafure,  to  command  any  free-born  gai 

o    i  •    ->  i    i  •     n      r  i_  j     L  demanding  the 

Sub)ecl  to  attend  his  Perfon,  not  bound  thereunto  Attendance  of 
by  fpecial  Service,  is  againft  the  Law  of  the  Land.'  any  Subject. 

Serjeant-Major-General  Skippon  was  called  in, 
and  demanded,  Whether  he  were  the  King's  fworn 
Servant,  or  bound  by  any  fpecial  Service  to  his  Ma- 
jefty ?  Who  anfwered,  That  he  was  not  his  fworn 
Servant,  nor  bound  by  any  fpecial  Service  to  his 
Majefty,  that  he  knew  of;  nor  ever  had  the  Ho- 
nour fo  much  as  to  be  admitted  into  his  Prefence. 

Hereupon  it  was  farther  refolved, 

1.  '  That  this  Command  of  his  Majefty,  to  call 
Captain  Philip  Skippon,  Serjeant-Major-General 
of  the  Forces  of  London,  to  attend  his  Majefty's 
Perfon  at  York,  is  againft  the  Law  of  the  Land 
and  the  Liberty  of  the  Subjecl. 

2.  '  That  his  Majefty's  commanding  Captain 
Philip  Skippsn,  &c.  to  attend  his  Majefty's  Perfon, 
being  employed  by  both  Houfes  to  attend  their  Ser- 
vice, without  their  Confent,  is  againft  the  Privilege 
of  Parliament. 

3.  c  That  Captain  Philip  Skippon,  &e.  fliall  con- 
tinue to  attend  the  Service  of  both  Houfes,  accord- 
ing to  their  former  Commands.' 

An  Order  of  the  faid  Houfe  was  alfo  read,  im- 
porting, That  it  be  referred  to  the  Committee  of 

Lords 


528     ffie  Parliamentary  HISTORY 

An.  18.  Car.  I.  Lord s  and  Commons,  appointed  to  confider  of  his 

I64a.        Majefty's  laft  Mefiages,  to  make  a  Remonftrance 

^~~7?     ^  to  him,  and  (hew  how  much  againft  Law,  and  the 

ay'        Liberty  of  the  Subjedt,  Commands  of  this  Nature 

are  ;  to  reprefent  to  him  the  Interruption  that  they 

caufe  to  the  Proceedings  of  Parliament,  and  the 

Affairs  of  Ireland^  with  the  Inconveniences  that  are 

like  to  enlue  upon  them  ;   and  to  deiire  they  may 

be  forborne  hereafter. 

A  Letter,  directed  to  Edward  Lord  Howard  and 
the  Committee  at  York^  was  read,  with  a  Declara- 
tion of  Parliament ;  the  Letter  was  to  no  other  Pur- 
pofe,  than  thanking  them  for  their  good  Services, 
&c.  and  to  order  them  to  deliver  the  inclofed  to  the 
High  Sheriff,  and  prefs  the  Execution  of  it  there, 
as  was  intended  to  be  done  in  the  other  Counties  of 
England.  The  Declaration  was  in  thefe  Words  : 

Declaration  of  <  rY^HE  Lords  and  Commons  in  Parliament  do 
SLponfand  '  1  Declare,  That  it  is  againft  the  Laws  and 
•gainft  uking  '  Liberties  oFthe  Kingdom,  that  any  of  the  Sub- 
Arms  by  his  Ma- «  jecls  thereof  fhould  be  commanded  by  the  King 
""''to  attend  him  at  his  Pleafure,  but  fuch  as  are 

*  bound  thereunto  by  fpecial  Service  :  And  that 

*  whofoever,  upon  Pretence  of  his  Majefty's  Com- 

*  mand,  fhall  take  Arms  and  gather  together  with 
'  others,  in  a  warlike  Manner,  to  the  Terror  of  the 

*  King's  People,  fhall  be  efteemed  Difturbers  of  the 

*  PublicPeacej  and  to  do  that  which  may  introduce 

*  a  Precedent  of  very  dangerous  Confequence  for 
'  the  future,  and  may  produce  moil  mifchievous 
'  Effects  for  the  prefent ;  confidering   the  great 
'  Diftempers  of  the  Kingdom,  and  what  pernicious 

*  Counfellors  and  Incendiaries   are  now  about  the 
'  King  ;  and  how  defperate  and  ill-affected  divers 

*  Perfons,  attending  upon  his  Majefty,  have  {hew- 
'  ed  themfelves  to  the  Parliament  and  to  his  other 
4  good  Subjects,  threatening  and  reproaching  them 
'  publickly,  even  in  his  Majefty's  Prefence. 

'  For  preventing  and  avoiding  fuch  great  Mif- 

*  chiefs  as  may  thereupon  enfue, 

'It 


Of    E  N  G  L  A  N  D.     529 

*  It  is  ordered  and  ordained  by  both  Houfes  of An-  I?-  Car* 
•Parliament,  That  if  the  Train'd-Bands,  or  any        I      " 

*  other  his  Majefty's  Subjects,  {hall,  upon  Pretence        j^^"" 

*  of  any  fuch  Command,  be  drawn  together  and 
'  put  into  a  Pofture  of  War,  the  Sheriff  of  that 
'  County  where  there  (hall  befuchRaifmgorDraw- 

*  ing  together  of  armed  Men,  do  forthwith  raife 

*  the  Power  of  the  County  to  fupprefs  the  fame,  and 
'  to  keep  his  Majefty's  Peace  according  to  Law. 
'  And  that  the  Lord-Lieutenants,  Deputy-Lieute- 
«  nants,  Juftices  of  the  Peace,  and   all  other  his 
1  Majefty's  Subjects,  be  aiding  and  affifting  to  the 

*  feveral  and  refpe&ive  Sheriffs  in  Performance 
'  hereof,  as  they  will  anfwer  the  contrary  at  their 
«  Peril.' 

HEN.  ELSING,  CItr.  Parl.  D.  Com. 


May  1 8.  The  Lord- Admiral  acquainted  the 
Lords,  That  he  had  received  a  Letter  from  Hully 
from  fome  Captains,  fent  with  their  Ships  there, 
by  Order  of  Parliament,  to  bring  away  the  Maga- 
zine, alledging,  That  they  had  received  a  Com- 
mand from  the  King,  dated  at  Tork,  the  tenth  of 
fifaytupon  their  Allegiance,  not  to  put  on  board  any 
Part  of  that  Magazine,  &c.  they  therefore  defired 
their  Lordfhips  to  take  fomeCourfe  for  their  Indem- 
nity in  obeying  the  Commands  of  this  Houfe. 

Then  the  Lord- Admiral's  Letter  and  the  King's  Farther  Orders 
Warrant  for  Stoppage  were  read ;  and  a  Conference  for  the  Security 
being  held  upon  it,  Tome  more  Hints  were  commu-of  Hulf* 
nicated  by  the  Commons,  concerning  the  Safety  of 
Hull  -,  as,  That  Sir  John  Hotham  complained  he 
wanted  a  Committee,  of  Reputation,  to  aflift  him  : 
That  he  found  the  Townfmen  falfe :  That  he  want- 
ed Mills  to  grind  Corn  :  And  that  the  Committee 
fent  thither,  fome  Time  fince,  were  coming  away. 
To  remedy  all  which,  the  Commons  had  prepared 
the  Form  of  a  Letter  to  be  fent  down  to  //«//,  with  an 
Order;  alfo  they  had  appointed  another  Committee 
to  go  thither,  and  defired  to  know  if  their  Lordfhips 
would  appoint  any  of  their  Houfe  for  that  Purpofe. 
The  Lords  agreed  to  this  in  every  Particular,  and 
VOL.  X.  LI  the 


530     'The  Parliamentary  HISTORY 

An.  i?.  Car.  I.  the  Lord  Willougbby  of  Parbam  was  named  as   a 
164*-        CommhTioner  from  that  Houfe.     The  Letter  to 

^ — * '    Sir  'John  Hotbam,  with  the  Order  of  Parliament, 

May         was  then  read  as  follows  :  k 

SIR, 

<  "XT'  OUR  Letter  of  the  i6th  of  May  I  receiv'd 
4     j[     this  Morning,  and  forthwith  communicated 

*  it  to  the  Houfe  ;  who  do  very  much  approve  your 
'  diligent  and  prudent  Carriage  in  Difcharge  of  the 

*  great  Truft  repofed  in  you,  fo  much  concerning 

*  the  Peace   and  Safety  of  the  whole  Kingdom  ; 
«  and  thank  you  for  the  fame.     If  the  Houfe  had 

*  fooner  known  of  the  coming  away  of  the  Com- 

*  mittee,  and  of  the  great  Neceffity  that  fome  fuch 
c  Affiftance   fhould  be  there,  they  would  fooner 

*  have  provided  to  have  had  their  Abfence  forth- 

*  with  fupplied  by  others  ;  for  which  Purpofe  they 
*•  have  now  refolved  of  feven  more  of  this  Houfe 
'  to  be  added   to   the  former  Committee,   as   you 

*  may  perceive   by  the  Order  inclofed,  whereof 
'  they  intend  that  four  ihall   always  be  refident 

*  with  you  there. 

'  According  to  your  Defire,  you  receive  an  Or- 
f-  der  of  both  Houfes  for  the  Encouragement  and 

*  Indemnity  of  the  Captains  and  Mailers  of  the 
1  Ships,  of  whofe  Obedience  thereunto  we  are  af- 
6  lured,  by  their  Profeffion  in  their  own  Letters  to 
'  the  Lord-Admiral,  That  what  both  Houfes  of 

*  Parliament  fhall  order,  they  fhall,  with  their  ut- 

*  moft  Endeavours  perform,  for  his  Majefty's  Safe- 

*  ty  and  the  Good  of  this  State;  of  which,  being 

*  an  Expreflion  of  ib  good  Affection  to  the  Service 

*  of  the  Parliament,  this  Houfe  takes  efpecial  No- 

*  tice ;  and  defires  you  to  give  them  Thanks  in 
'  their  Name,  as  alfo  to  the  Mariners,  of  whofe 

*  Forward hefs  in  this  Service  they  are  alfo  inform'd. 

'  The  Houfe  doth  alfo  require,  That  the  Maga- 

*  zine,  that  is  already  fhipped,  may  be  fent  with  all 
4  convenient  Speed,   with    perfecl  Inventories   of 

c  what 

k  A  Copy  of  this  Letter  is  entered  in  the  Lrrds  Jcurr.sk,  but 
nor  n  thofe  of  the  Cc: 


Of    E  N  G  L  A  N  D.      531 

«  what  is  in  every  Ship ;  and  what  you  have  kept  An.  18.  Car.i. 

*  behind,  to  remain  there  for  the  Defence  of  the 
1  Place,  if  there  be  Occafion  ;  two  of  .the  Ships  of 
'  War  are  defigncd  for  the  Convoy  of  the  Maga- 
'  zine  ;  the  other  two  {hall  be  appointed  to  attend 
'  in  that  Harbour,  for  the  better  Security  of  that 
6  Town,  till  there  fhall  be  further  Order. 

'  We  underftand  the  Proceedings  in  Yorkjhlre  j 
'  and,  tho'  there  be  fome  Difaffecled,  yet  there  ap- 

*  pears  fo  great  a  Part  of  the  County  to  be  well 
'  difpofed  to  the  Peace  of  the  Kingdom,  that  it  is 
'  hoped  they  will  fo  over- awe  the  other  Party,  as 

*  to  keep  them  quiet. 

'  I  fend  you  inclofed  a  Copy  of  the  Order  of 

*  both  Houfes,  which  was  Yelterday  fent  to  the 

*  Committees  at  York,  to  be  delivered  to  the  She- 
«  riff;  who  hath  carried  himfelf  fo  worthily  and 

*  faithfully,  that  there  is  no  Doubt  whatfoever  of 

*  him.     Mr.  HildyariFs  Report  is,  That  he  will 

*  do  his  Duty  in  obeying  the  Authority  and  Direc- 
'  tions  of  Parliament,  for  preferving  this  Kingdom 
'  from  the  Miferies  and  Calamities  of 'a  Civil  war; 
'  which  is  carneftly  endeavoured  to  be  kindled  by 

*  fome  evil  Counfellors  about  the  King,  who  can 

*  find  no  Way  to  efcape  the  Punifhment  of  their 
4  own  Wickednefs,  but  by  the  Confufion  of  the 

*  whole  State. 

'  It  is  much  wondered  that  there  fliould  be  any 

*  in  that  Town  fo  blind,  as  not  to  difcern  the  Mif- 

*  chief  intended  to  the  Commonwealth,  if  Hull  had 
4  Hot,  by  the  Wifdom  of  the  Parliament,  been  fe- 
'  cured  from  the  malignant  Party  ;  or  fo  difaffeft- 

*  ed  as  not  to  concur  in  the  Furtherance  of  that 

*  which  is  neceffary  for  the  Public  Good,  wherein 

*  the  Safety  of  that  Town  and  their  own  Interefts 

*  are  involved  :  But  as  their  Perverfenefs  will  make 
'you  more  watchful, 'fo  your  Watchfulnefs  will 

*  make  them  lefs  hurtful ;  and  it  is  hop'd  the  Pro- 
4  ceedings  in  Torkjhire  will,  every  Day,  more  open 

*  their  Eyes  to  fee  the  Dangers  and  Miferies  like 

*  to  overwhelm  thofe  Parts,  if  honeft,  well-affecl:- 

L  1  2  *  ed 


532     "The  Parliamentary  HISTORY 

ed  People  do  not  join  with  the  Parliament  to  pre- 
vent the  fame. 

'  The  Houfe  means  to  fend  away  two  of  the 
Committee  forthwith  ;  and  when  they  have  been 
more  fully  inform'd,  by  Sir  Chriftopher  Wray,  of 
thofe  Matters  which  you  write  they  fhall  under- 
ftand  by  him,  it  is  refolved  to  fend  to  you  again. 
And  I  am  commanded  to  tell  you,  that  you  may 
reft  aflured,  as  you  have  the  Authority  of  Parlia- 
ment, and  the  Strength  of  the  greateft  and  beft 
Part  of  the  Kingdom  ;  fo  you  fhall  have  the 
Prayers  of  all  that  truly  affe&  the  Profperity  and 
Peace  of  this  Church  and  State  concurring  with 
you,  to  which  I  add  the  good  Refpect  and  beft 
Wifhes  of 

Your  mojl  ready  Friend, 

and  humble  Servant^ 
W.  LENTHALL. 

The  ORDER  inclofed  was  as  follows : 
me.nt's  Jfl7"Hereas  the  Lords  and  Commons  in  Parliament 
of  thenlLfficerns  '  ^  thought  fit  and  nece/ary,  for  the  Safety  of  the 
employed  in  re-  King  and  Kingdom,  that  the  Magazine  of  Arms  and 
moving  the  Ma-  Ammunition,  at  Kingfton  upon  Hull,  Jhould  be  re- 
moved from  thence  to  the  Tower  of  London,  and  did 
order  the  fame  accordingly  ;  and  have  appointed  fe- 
veral  Ships  for  the  transporting  and  wafting  thereof, 
which  are  ready  at  Hull  for  that  Service  :  It  is  or- 
dered, by  both  Houfes  of  Parliament,  That  the  fold 
Magazine  and  Arms  Jhall  be  forthwith  removed,  and 
brought  away  from  Hull  to  the  Tower  of  London  ; 
and  the  Captains,  Lieutenants,  Majlers,  and  other 
Officers  and  Companies  of  the  faid  Ships  are  hereby 
required  and  enjoined  forthwith  to  perform  the  fame, 
notwitbjlanding  any  Command  to  them  direfled  to  the 
contrary.  And  for  the  Indemnity  of  Capt.  William 
Driver,  Capt.  George  Swanly,  Capt.  Laurence 
Moyers,  Capt.  John  Pigot,  andfuch  other  Captains, 
Lieutenants,  Ma/hrs,  Officers,  Mariners,  and  all 
other  Perfons,  which  have  done,  or  Jhall  do,  any 

Thing 


TheParliament's 


Of     E  N  G  L  A  N  D.      533 

Thing  according  to  the  faid  Ordinance  of  both  Houjes  An,  18.  Car.  I. 

of  Parliament,  or  in  Execution  thereof,  touching  the 

removing,  /hipping  or  tranfporting  the  faid  Maga- 

zine,  or  any  Part  thereof,  from  Hull  to  the  Tower 

of  London  as  aforefaid :  It  is  declared  and  ordered 

by  both  Houfes  of  Parliament,  That  they,  and  every 

of  them,  foall  have  the  JJJi/lance  of  both  the  faid 

Houfes  againft  any  Inconveniency  which  may  happen 

to  them,  or  any  of  them,  by  or  for  obeying  the  faid 

Commands  in  this  fo  necej/ary  and  important  Service. 

May  19.  The  Lords  having  agreed  to  the  Com- 
mons Declaration  of  the  i6th  of  this  Month,  Or- 
ders were  given  by  both  Houfes  for  the  printing  and 
publifhing  thereof. 

The  fame  Day  the  Earl  of  Holland  acquainted 
the  Lords,  that  he  had  received  a  Letter  from  the 
Lord  Savile,  at  Tork,  which  was  read  as  followeth  : 

My  Lord,  York,  May  14,   1642. 

c  "\7'Efterday  there    came  hither  a  mean  bafeLord  Savile's 
4    X      Fellow,  with  an  Order,  Procefs,  or  War-J-«ter  uP°n  re- 
'  rant,  for  I  know  not  what  to  call  it,  to  attach  di-JlftSS? 

*  vers  of  the  Peers  and  fome  others,  and  amongft 
'  the  reft  myfelf,  for  coming  away  without  Leave, 

*  as  I  imagine,  for  I  know  no  other  Guilt  that  I  can 

*  pretend  to ;  tho'  there  was  no  Caufe,  fo  much  as 

*  in  general,  exprefs'd  in  the  Warrant,  according 
'  as,  by  the  Law  of  the  Land  and  Petition  of  Right, 

*  is  required.     When  he  delivered  me  his  Warrant 

*  I  was  going  with  your  Brother  Newport  to  Galtrcs 
4  Park,  to  take  the  Air  ;  and,  at  my  Return,  found 

*  the   MefTenger   committed   for   fome    Offence, 

*  which,  it  feems  they  did  lay  to  his  Charge  ;  and 

*  the  King,  calling  all  the  Company  about  him, 
4  charged  me,  upon  my  Allegiance,  not  to  depart 
4  the  Town  without  his  Confent.     I  faw  great  Joy 

*  in  many  to  fee  me,  herein,  fo  ufed  in  the  Face  of 
'  my  Country ;  to  be  arrefted  by  fuch  a  Fellow,  for 

*  a  Crime  fo  fmall,  as  for  the  Safety  of  my  Life, 
«  after  fo  long  an  Attendance,  to  go  to  my  own 

*  Houfe ;  and  at  a  Time  when  all  curfed  me  for 

*  the 


The  Parliamentary  HISTORY 

f  he  good  Offices  I  did  contrary  to  their  Deftgns  ; 

*  as  I  (hall  report  to  your  Commiffioners  here,  who 

>—  v—  **    «•  know  much  of  my  Ways.     So,  my  Loid,  lam, 

,011  imagine,  in  a  great  Diftraction  ;  but  of 

c  tnis  I  am  certain  that  no  private  Spleen  fhall  de- 

me  from  doing  my  poor  Endeavours  for  the 

Public,  fo  far  as  it  is  now  fit  for  me  to  appear. 

,   "  God  that  Things  be  not  fo  carried  as  fud- 

*  demy'  to  endanger  the  Peace  of  us  all. 

My  Lord)  I  am 

Your  Lordjliip's  faithful  Servant  ^ 
S  A  V  I  L  E. 

Next  was  read  a  Letter  from  the  Lord  Howard, 
one  of  the  Committee  at  York,  to  the  Lord-  Keeper, 
containing  a  further  Account  of  the  Kind's  Proceed- 
ings in  that  City,  which  was  in  thefe  Words  : 

My  Lords, 

Another  Letter  e  ~^£7"Efter  night,   fomewhat  late,  there  came  to 
from  the  Com-  <     Y      our  Hand  this  Printed  Paper  inclofed  :  l 

•*• 


ittee  at  York, 
relating  to  the 
King's  raifing  a 
Guard.  C.  R. 


tr       rr  T  XT 
the   ^  l  N 


T/T/'Hcreas,  upon  Summons  from  us,  divers  Gentle- 
'  y  men  of  this  our  County  of  York  did  attend  us 
on  Thurfday  the  twelfth  Day  of  this  Inftant  May, 
ivhen  we  declared  our  RefolutioH9  for  the  Reajon 
then  delivered  by  us,  to  have  a  Guard  to  fecure 
and  defend  our  Perfon  ;  and  deftrcd  therein  the 
Concurrence  and  Aft  fiance  of  the  Gentry  of  this  Coun- 
ty :  And  whereas  divers  Gentlemen  of  this  County  , 
for  many  Reafons  and  Occafeons,  could  not  then  ap- 
pear to  receive  our  Pleasure  on  that  Behalf,  where- 
unto  divers  have  tubfcribed  :  JVe  have  therefore 
thought  good)  hereby.,  to  give  Notice,  as  well  to  thofe 

Gentle- 

1  Imprinted  at  York,  by  Robert  Barker,  Printer  to  the  King's 
mod  Excellent  Majefty,  and  the  Affigns  of  John  Bill,  16425  aV1 
reprinted  at  London,  for  Andrew  CW. 


Of    ENGLAND.      535 

Gentlemen  vjho  were  not  then  prefent,  as  to   thoffAn.  18.  Ca 
who  did  then  attend  us,  that  our  Command  is,  That        l642- 
as  well  tbofe  Gentlemen  who  are  charged  with  Horfe,    '-— -v— 
as  others,  appear  at  York  upon  Friday  the  twelfth 
Day  of  this  Month ,  in  fuch  Manner  and  Equipage 
as  will  be  convenient  for  the  Guard  of  our  Perfon  : 
Ji:d  we  require  and  command,  That,  in  the  Interim, 
no  other  Warrant,  Order ~,  or  Command  whatsoever, 
Jhall  d'tftraft  or  binder  this  our  Service  :  And  we  fur- 
ther iv  ill  and  command,  That  this  our  Order  he  forth- 
with publijhed  by  the  Sheriff"  of  this  our  County,  for 
which  this  Jhall  be  his  fufficient  Warrant. 

Given  at  our  Court  at  York,  the  fourteenth  Day  of 
May,  in  the  i8th  Year  of  our  Reign,  1642. 

My  Lord,  *  We  conceiving  the  above  Paper  to 
'  be  illegal,  waited  on  the  King  in  the  Morning, 
'  telling  him,  ffe  thought  it  our  Duty  to  reprefent 
l.to  his  Majejly,  of  what  dangerous  Cdnfequence  it 
'  was  to  command  the  whole  County  to  bring  in  their 
'  Horfe,  which  would  be  Occajion  of  great  Jealoiijiesy 
'  and  might  breed  great  Diftraftions.  His  Majefty's 
'  Anfwer  was,  That  howfoever  it  was  exprej/ed,  yet 

*  he  never  intended  to  have  any  come  in  but  volunta- 

*  rily.     We  replied,  That  this  bore  another  Senfe, 

*  and  that  it  would  be  our  Duty  to  give  Notice  of  it 

*  to  the  Parliament. 

'  When  we  were  gone  the  Marquis  of  Hertford, 
4  the  Lord  Savile,  and  Lord  Chief  Juftice  Bankes, 

*  repaired  to  the  King,  and  foon  after  brought  us 
'  the  following  Paper  in  Anfwer  to  what  we  had 
'  laid  to  his  Majefty ;  with  a  Command  to  write 
'  up  the  Subftance  of  it  to  your  Lordfhip  :  But 
'  thinking  it  not  fit  to  take  upon  us  to  write  his  Ma- 
'  jefty's  Senfe,  left  we  fhould  be  miftaken,  I  have 

*  here  ient  you  the  very  Paper  itfelf,  as  we  had  it 
4  from  the  Lords  before-mentioned. 

My  Lord, 

"tfTT'E  waited  this  Day  upon  his  Majejly,  concern- 
*'  ing  a  printed  Summons  publified  the  i^th  of 
this  Inftant  May,  humbly  ty  know  his  Majejly's 

Mean- 


536     The  Parliamentary  HISTORY 

An.  18.  Car.  I. Meaning  therein;  at  which  Time  he  was  gracioufiy 

1642.        pleafed  to  Jignify  his  Intention  unto  us,    That  his 

*- — •/—• ^    Meaning  was  thereby,    to  accept  of  the  voluntary 

May>         Offers  of  thofe  Gentlemen,  who  had,  or  JJ)ould  tender 

their  Services  unto  him  for  the  Guard  of  his  Perfon: 

And,  out  of  that  Number  that  Jhould  appear  before 

him,  at  the  Time  prefixed,  he  would  chufe  fuch  a 

competent  Number  as  might  ferve  for  the  Safeguard 

of  his  Royal  Perfon;  likewife  telling  us.  That  he  had 

declared  to  thoje  Gentlemen,  who  did  attend  him  at 

the  lajl  Meeting,  that  he  no  ways  intended  hereby  to 

increafe  the  Number  of  the  Train  'd  Bands. 

'  My  Lord,  Thefe  Lords  do,  every  one  of  them, 
4  proteft,That  they  never  knew  any  Thing  of  this 
'  printed  Paper  till  we  {hewed  it  to  them. 

*  I  acquainted  your  Lordfhip,  in  my  laft  Letter, 
'  That  his  Majefty  had  laid  afide  the  Refolution 

*  of  raifing  that  Regiment  which  was  Sir  Robert 
'  Strickland's  ;  but,  this  Afternoon,  we  underftand 
'  it  is  to  meet  To-morrow  by  Warrants  from  his 

*  Majefty ;  a  Copy  of  one  of  them  I  fend  your 

*  Lordfhip  here  inclofed  ;  alfo  a  Letter  from  his 
'  Majefty  to  the  Gentry  of  Torkjhire. 

The     WARRANT. 

To  the  C  o  N  s  T AB  L  E  s  of  Newton  and  Benning- 

borough. 

May  15,  1642. 

IDT  virtue  of  a  Warrant  from  his  Majejly,  to  me 
•U  directed,  his  Will  and  Command  is  to  give  Or- 
der to  all  the  fcveral  Petty  Con/lables,  within  this 
Divi/ion  or  Hundred,  to  caufe  all  the  Train' d  Bands 
and  Soldiers  of  Sir  Robert  Strickland'*  Regiment, 
with  their  Officers  and  Arms,  to  meet  at  Sutton  in 
the  Foreft,  on  Tuefday  next,  the  ijtb  of  this  In- 
Jlant  May,  by  Eight  of  the  Clock  in  the  Morning ; 
where  they  Jhall  receive  further  Commands  and  Di- 
rections by  the  Colonel  or  Serjeant- Major  of  the  faid 
Regiment.  Fail  not  at  your  Peril. 

THOMAS  GROSVENOR. 


Of   E  N  G  L  A  N  D.      537 

The  KING'S    LETTER. 

To  ourTrufty  and  Well-beloved  the  Gentry  ofA 
Torkjhire,  and  others  of  this  our  County  of  York, 
whom  it  doth  or  may  concern. 

Tflf  E  have,  with  great  Contentment ',  conftdered 
**  your  dutiful  and  affeftionate  Anfwer  to  our 
Proportion  concerning  the  unjufferable  Affront  which 
we  received  at  Hull. 

We  have  not  been  deceived  in  that  Confidence  we 
load  in  your  Affeftions,  wherefore  we  dejire  you  to  af- 
fun  the  rejl  of  your  Countrymen,  who,  through  Ne- 
gligence, were  omitted  to  be  fummoned,  That  we  jhall 
never  abufe  your  Love,  by  any  Power  wherewith  God 
Jhall  enable  us,  to  the  leajl  Violation  of  the  leaft  of 
your  Liberties,  or  the  Diminution  ofthofe  Immunities 
which  we  have  granted  you  this  Parliament -t  (though 
they  be  beyond  the  Afts  of  mo/l,  if  not  of  all,  our  Pre- 
decejfors)  being  refolved,  with  a  conftant  and  firm 
Refolution,  to  have  the  Law  of  this  Land  duly  ob- 
ferved ;  and  Jhall  endeavour  only  fo  to  preferve  our 
jujl  Royal  Rights,  as  may  enable  us  to  proteft  our  ,. 
Kingdom  and  People,  according  to  the  antient  Honours 
eftbe  Kings  of  England,  and  according  to  the  Tru/l 
which,  by  the  Law  of  God  and  this  Land,  is  put  into 
the  Crown  ;  being  fufficiently  warned,  by  the  late  Af- 
front at  Hull,  not  to  transfer  the  fame  out  of  our 
Power ;  concerning  which  Affront  we  will  take  fame 
Time  to  advife  which  Way  we  may  ufefully  employ  your 
Affettions :  In  the  mean  Time  we  Jhall  take  it  well  from 
all  fuch  as  Jhall  perfonally  attend  us,  fo  followed  and 
provided  as  they  Jhall  think  fit,  for  the  better  Safety 
of  our  Perfon ;  becaufe  we  know  not  what  fudden 
Violence  or  Affront  may  be  offered  unto  us,  having 
lately  received  fuch  an  attual  Teflimony  of  rebellious 
Intentions  from  Sir  John  Hotham  at  Hull. 

Being  thus  fe  cured  by  your  Affections' and  AJJiJl- 
ance,  we  promife  you  our  Protection  again/}  any  con- 
trary Power  whatfoever ;  and  that  you  Jhall  not  be 

VOL.  X.  Mm  molejled 


538     The  Parliamentary  HISTORY 

molefted  for  your  humble  and  mo  deft  Petition^  as  of 
late  you  have  been  threatened. 

Given  at  our  Court  at  York,  May  16,   1642. 

c  My  Lord,  I  know  not  what  the  Succefs  of  this 
c  will  be,  or  what  the  Sheriff  will  do  upon  it,  he 
'  is  newly  gone  out  of  Town. 

«  My  Lord,  this  is,  at  this  Time,  what  I  am  to 
<  acquaint  you  with,  who  am, 

My  Lord, 

York,  May  16, 

1642.  Tour  Lordjhlp's  humble  Servant  9 

EDWARD  HOWARD. 

In  the  Afternoon  of  this  Day,  May  19,  the  Lords 
took  into  Confideration  the  Lord  Savi/e's  Letter  ; 
and,  after  Debate,  came  to  the  following  Refolu- 
tions  : 

1.  «  That  the  Lord  Savile's  going  from  Parlia- 
"oef^°"ment,  and  refufing  to  come  when  this  Houfe  fent 

Contempt,  fiff.  for  him,  is  a  great  Contempt,  and  a  high  Breach  of 
the  Privileges  of  Parliament. 

2.  '  That  when  the  High  Court  of  Parliament 
fends  for  a  Delinquent  to  appear  before  them,  the 
King's  laying  his  Commands  upon  him  not  to  ap- 
pear, tends'  to  the  Overthrow  of  the  Power  of  Par- 
liament and  Juftice  of  the  Kingdom. 

3.  '  That  the  Lord  Savik,  for  his  high  Con- 
tempt in  refufing  to  come  when  the  Houfe  fent  for 
him,  {hall  not  fit  nor  vote  in  this  Houfe  during  this 
Seffion  of  Parliament. 

Further  Refolu-     '  Ordered,  That  a  Writ  of  Habeas  Corpus  {hall 
tionsastoBreachbe  fent  down  to   the  Sheriff,  to  bring  up  to  this 
of  Privilege.      Houfe  the  Meffenger  imprifoned  at  York.     Alfo,  to 
have  a  Conference  with  the  Commons  on  this  Af- 
fair, and  this  high  Breach  of  the  Privilege  of  Par- 
liament; and  to  confider  of  a  Courfe  how  to  bring 
Delinquents  to   deferved  Punifliment,   in   fuch  a 

Man- 


Of   E  N  G  L  A  N    D. 

Manner  as  may  beft  agree  with  public  Juftice,  and  A 

beft  preferve  the  Peace  of  the  Kingdom. But 

Huvv  far  thefe  and  fuch-like  Refolutions  contri- 
buted to  the  defirable  Ends  propofed,  will  fully  ap- 
pear hereafter. 


The  END  of  the  TENTH  VOLUME. 


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