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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 ' l0 ns 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 p affes 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!fea y 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. p fl- 5 O f 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 
Ats 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 Yh at 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 2 3- 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 

diST 1 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 Da 7 Sir & ol * rt Berkeley, Knight, one of 
pinft Judge " the Judges of the King's Bench, was brought to the 
Berkeley. B ar o f t h e 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- l6 4!' 
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* 
and t 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. y ers to b e afljgned as Counfel to the Petitioner; but 
'^fabcr* 1 b e f 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 T his ^ 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 ' P y mme declared fl 'm the Houfe of Com- 
l -t mons ^ hat th ere 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 cornrnanc j e( ] 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- ' ^^^ 
rons y 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- 
l6 4 I> 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'* ' nP HE laft Time we aflembled we fat like a 
Speech concern- JL College of Phyficians upon the Life and 
L"onI h of n ; aC " Dcath of threc g rca t 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, J n 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; and An - *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 
l6 4' 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 
I6 4J- 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- 
fi n ve C Bi- 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 
i f > 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, that in the Safet y o 
it was no News, now-a-days, to hear of dangerous 1 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 the upon * 
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 Qy een 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 f he , Members of certain Intelligences which were 
with the Rebel- latcl y 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 R c f !utions of 
provided : That a Conference be defired with the the Commons 
Lords, to move them, that a felecl Committee o f thereu P on * 
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- 
Ib 4!- fide ; and that luch Englijh Papifts as have, within 

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

November. except fuch p er f ons 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" $ en f on "> Member for Knarejbrougb, for granting and 
Protections. felling Protections ; and a Writ was ordered to 
chufe a new Member in his Room. 

One0^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 ^" V T~"'' 
,to be delivered to the Queen for his Commitment. 

The Queen's 

November 3. Several more Orders made, by both Co " fef ^ r t T m " 
Houfes, relating to the Irijb Affairs ; and a Letter f ^ 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 ^^^ lri J h 

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. Cr. 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-At 
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[ t h a t 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. < f or 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 j p fy' 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. 3 r 

' 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"~ v 7~~'' 
/->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. < p 0rt 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-*" n t "; a "; 
dies with Natural ; the Natural Body is in Danger O f 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 : 

l64 il . 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 

l6 4 I - 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. 3 7 

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 
l6 4 J - great Value ; and correfponded with them in aftridl- 

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



p hyficialli whO) f ee j ng 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- Tr /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- ra P' d Pr s ref$ <* 
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; the refolvc to au s- 
N umber of Forces to be fent were augmented to me , nt th r c ^ rces 

T> TT f 1-1 /- i_ r i- anc * raile Mone y 

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 
"' i 7 6' 4 i. 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 t he 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. $dly 9 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. Next y 
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, a PP oint 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 t i on 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 
pubIiJheJ m {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 leave r/ "^' s Speech on 
fucha Character behind, both of his Majefty, the that 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!dt J. Stafnd, 1641. 



46 The Parliamentary HISTORY 

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

1641. c ' tte d ' 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^^ w hich 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, l6 4i- 
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 Diftintion, 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 
l6 4'- 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 
downthc y prm- 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- hisMajeft y ,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. Ma j efty 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 expel 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 cf a greed 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. l6 4 I - 

* 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 P afs 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 a PP" 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* l6 4'- 

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 Sir Rec . e P tion b y 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 be y 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 6 4 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 Subjels ; 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 
* 6 4*- have fo far prevailed, as to corrupt divers of your 
' ~v J Bifhops, and others in prime Places of the Church ; 
Dewmber. ^ ^ fg ^-^ vers O f t b e f e 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. 5 p 

the Hazard of Religion, and great Prejudice a fid An, 17. Car. I. 
OppreJJion of the Laws of the Kingdom, and jujl l6 4 J ' 
Liberty of your People : For the taking away fuch ^"^ r T~ 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 
<v the 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, ' V To 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 w h owere mo ft 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 - J 7- 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- 
c je& 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 ] a j e t j le j r Goods in fuch Ports as were for their 

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

December. t ^^ p]aces wh j ch 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. i earne( j 5 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- l6 4- 

* 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- ' Decembr . 

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:. < iyj en O f t hat Profeffion, for the levying of Soldiers, 

*r~ v T* - ' * 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-A nt , 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 Decembr 

* 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, (tho T 
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 S reft 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 l6 4'- 

' 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<Wr<l S ,,,,,, } ,,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 s t 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- ' V T ^ 
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 hope y 
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 is 9 
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' vvith dered 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 ^ j s j) a y re f u med 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^ C0 unt 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 : l6 4 I- 

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- Sp ee c h > ^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 their 4 
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 mt t 
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 a 1 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- 

n ce a . ndi l r . 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 l6 4'' 
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, *^-{jJ 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 ; yet y 
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 ff je 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 ft rance o f the State of the Kingdom, to put us to 

to the Remon- . . .... n r n 

prance. an 7 "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 fi xteen 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- 
"""" V T""' 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 : 

TheProteftation 4 "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. < y our 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 Ireland 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. V TT^ V T* 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 us t 
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'u t m B a If our ^ Knt.. Lieutenant of the 
titlon . for T remo -T<7^r of London, approved for his Fidelity % was 

ving tne i_.ieute-' .- . . -. H /"i i i r A i 

nant of the P ut 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 ' ^Y llether that Houfe ihould join with the Ccm- 
rcfufc. ' S M on s 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 Common 11 . 

* 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. ' o f 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 ^ a y s > 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 

SnTreflf 11 " 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 p et ;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. _/ p f t ti ns 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 a nd Tu- 
rn all the Places leading to both Houfes of Par- mults about both 
liamcnt, the general Cry of whom was, No Rijf>ops 9 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 
* Pople 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. Its 
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 - J 7- 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> c ar> 
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 " ceo l f the 

Ijf, . . T 11- n Church and 

vordmips to give me JLeave to take this too juitci ergv> 

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 ^ M arqu ; 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 
Tranfalion : 

When Zeal, ivitb aged Cluli and Gleatjes t 

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. t j^ e Defence of both England and Ireland -, which 

*TT"~ V 7"" 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 ^ p erfonS) ; n the p labit o f 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. " 

T r he u Pr l ati n T HAT 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 rec l u ' re a fp ee( 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- t o t h e Houfe of Commons, they came to a Refo~ 

S^wiA a Mgb lB * 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 brin S 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 . 

*Next t ' 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 Archbifliop brou & ht to 
of Tork\ being brought to the Bar, and i*9tl r 

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 j t 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 .' l6 4'- 

Next V jr"" 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;iconftruiion, 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 r hey 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 Tb e Parliamentary HISTORY 

An. 17. Car. I. Next the Bifhop of Coventry and Litcbfield* was 
l6 4'- 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 Truroe y 

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- l 7r~ v T" - ' 
, 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 of Bifh F s > 
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, Kin S foraGuari 
<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 t j le ] a fl. ) ro p O f tne j r 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- s P eech > ata 9 o 
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 Refpets, 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. l6 4'- 

4J 1 /;/}', ' 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. t y, e R y a l 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 - J 7- 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 * * 
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 U pon t ne fajd Attorney, ftanding up at the Clerk's 

with H, E hT *- Tab ] e) f ai d, * 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 l6 4 I - 

Mr. Strode^ of High Treafon, and other high Mif- v -~ v -* 

demeanors, by the Delivery of the Articles, in Wri- J anuai 7 
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 s ai n ft '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- 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 J anuar y' 

* 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. ^.^ ^.^ t jj em j n an num ble 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 ]VJ r . 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 " is s ^ a c ^ 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. Pymme 9 

* 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 
pet, 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 to e ; 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 Tower 9 
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. j n ^ R oom ca ll'<] 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 t her 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, l6 4 T 

* Swords, and Piftols, who came up to the very ^ -v- 
' Door of this Houfe, and placed themfelves there, J anuar > 
' 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 p ower {o fend for p artieSj 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 l6 4^ 
is alfo a Speech ofMr.Hampdcn's,on the fameOc- L "J"~ V ""'"" 1 ' 
cafion : But this latter beingjudg'd, by fome learned J anuar y* 
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. gj tt j n g o f 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. 

3fy, ' 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 *Ih e 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- 
janury. 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. n j s 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- 
w if e 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 
Ri g nts and^Privileges appertaining and belonging 
unto them; and have fuch Power and Authority, 
in the feveral Jurifditions 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 l6 4 K 
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 J a 
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. t h e i r 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 Occafion 11 . 

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. l6 4 I - 

* Sir, thefe Men (notwithftanding they appa- ^T"""*"""^ 
rentiy perceive that their wicked Practices and ma- J Am 
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^ 
* r T" 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. k e 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- 
jets ; 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 l6 4'- 

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 thence 1 
to Wtdfir\ 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. M r> 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 v j s 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 
l6 4 J - 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 tne n 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 -B 1 " 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, l6 4 I - 

A Meflage was brought from the Commons, ta J anuar y 
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 a fe? e lon 
dearly fet forth in the late Remon/irance of t be BlSho * 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'- l6 4 I - 
difcovered for killing fome of that Houfe this "v ' 
Night; and the Earls of Northumberland, E/ex, J am 
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 Perfons Seve !: al O rdel ? 

fc e - ' . . . , . occasioned by In- 

accufed were taken up and examined, yet nothingf ormat j ons ^f 

more Came of it. Infurreftions, 

The Tower of London was next the Care of both pjots ' " 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 he c ome. 
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 % 

l6 4 I - 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 this 1 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 ^nt 1I proceedi'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 Mn- 

|_ 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 *" uc k as ' s to a PP arent to an y 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- Kimtelttn t 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 

*' \ 7 6 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 InfurreHons 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 the c 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- cu f e d 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 ; 

l6 4! themfelves from being called to an Account for 

^ ~~v^" ' their defperate Aclions) will prove harder to ap- 

januan. p ea f e anc j f U pp re f Si 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 S n jp 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}exB&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. f a j rs O f t h e 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 near trom 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 haJ 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, ol T r mil ' 

/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 O f 
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 \ alfo y 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 j Q b n Conyers in his Room ; it patted in the Nega- 

' 



tive - Before the Qeftion was put, the followin 
Byron from be- Lords demanded their Right of Proteftation, and 
ing Lieutenant tnat tne y 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^ ar l O f 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- l6 4*- 
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,P ea ched Bifljops 
That this was the Day appointed for him to give z^l^^ (e 
in his Anfwer to the Impeachment of the Com- f Lods. 
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^J 6 
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 Time 3 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 {h ops t o b e 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 th e 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 i 6 4- 

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 SSTnSrtf 8 
' 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, 
*f 41 - ' 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.Pymmt y 
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</me y 

* 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 l ncom}e nience and Mi [chief to tbe 

proceed to fettle . . ^ 4 . , . , I 7i/r /j a 

aJl Grievances ia w " 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 h r a ^ k j e . 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 vec j f rom y 0ur Majefty a Meflage, expreffing 

^TTV 1 ^ ' 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/ex y 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 that port ot - t h e i r in- 
Houfe had an Intention to accufe her Majefty of tending to accufe 
High Treafon, and that fome Articles were brought^ h Sj]J fo 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. ]j ament 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 S rat 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 f to t , 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 rejet 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. l6 4 I - 

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 ' t f 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 f rom 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 al 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. j great a Da?ttp, as many Thoujands are like to cornt 
^T^^T"^ to Judden Want : Nor can we expecJ any Redrefs 
januan. t h ere!) 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, 

r jTHat 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 Thankfulnefs y 
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/y t 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 

An t 17. Car. r. 2^/y, c The manifold Diftempers which are the 

l6 4f- Gaufe of thofe Dangers. 

C T"" > ^7"'"* / 3<//> j , ' The Multiplicity of thofe evil Influences 
January, wn 'i c h 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<3 4 J - 
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 
ad 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. a li i n an Equality of Mifcry and Diftrefs, if it be 
* *v - J not prevented. And, at this Time, fuch Tumults 
January. w j|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 refpet 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 
k can 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 too 1 
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- 
ftrution ; 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. l6 4^- 

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 fo The 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 .j t to th j s Effe ft . 

' 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 J anuai > 
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, 

ownDefence 3 A which to me muft P rove Vei 7 heav 7 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 J anuar y 
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 j6 4i- 
of the Houfe of Commons, after they were elected, ^ v -^ 
for Support of Delinquents. The Offence which J anuar y- 
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 l6 4- 1 - 
at the laft Conference, they defne that Sir Henry **T~*~'~~* J 
Hayman and Mr. Peard may come before the J 2nuar / 
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 &' P affed 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 f oon as t h e i r 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> p ear( 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, l6 4*- 
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 the He '? cleared ty 
Evidence on both Sides, the Affair of the Cinque the 
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 
&1r* 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. l6 4*- 

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 
l6 4- T - Laiv, is JubjeR to no Command but of his Majefty* 
C T V ~~"~" > 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 f uc ^ 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- Februar y- 
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, m ies 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' n S again. 
nent Dangers which threaten your Royal Perfon and 
all your People, have caufed us your moft faithful and 
obedient Subject s t 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 which 9 
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 t and 
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^ we t 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. i n O ur Collc&ions, we think proper to give it here, 
j6 4 I w i t h 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> t j je no fr/ e tfS ort hi es 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-ajfeled 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 *1 4 1L *^ at we b ave j u ft Caufe to fear , but few Years fence , 
P u~ v ~ f or 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 i 6 4 J - 
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 Jfftttton 9 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 reac j j n 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 the OtIier 
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^ 
Rochejler y 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 

l6 4 J 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 : l6 4 J - 

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^ ta cernin s the 

r j r n * i T\ I * - i u i Queen and Prm- 

Jena the rnncejs bis Daughter immediately into rlol- ^ Q ran r, 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 ou g nt to meddle with the fame. Others were 
Houfe of Com- of Opinion, That the King had not this Power in 
n shim, 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 
E nem * 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 
Infurretions 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 f n " f t s 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. j n 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. ~ , * r r ' 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 - J 7- ^"' 
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 p ow er' 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 
them 3 extra&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 ~) 
*&Keftffon*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, 

Rutlandjbire y 

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. 


JBrecon t 


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^^f 1 " 
' liament, have taken into their ferious Confidera- CO n n C g r s n ; ng e Mr? 
' tion the Mellage received from your Majefty,Pywe'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 

l6 4 1 ' 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<m t 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 "J ol " l Byton, 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 S th e e C R at af " 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, 

krf ie a r wav n the ta " 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 p ar il ament t jj at be etfftrts 



. ' , nothing more than the Satisfaction of his Kingdom ; 
Meflage upon y et ^ flt ^ e ma y f urt ^ 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 of Aa - *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 much H 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 Da y f J anuar ^ 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, 
Efq rs . 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 bnn r 
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 U p twelv l B o lft P s 
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 
fe n tef'' 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, l6 4 J - 
to be Counfellors and great Officers of State, as * < ~~ t 'y~~~ J 
fhall be recommended unto 1 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 r j ; r ; 

eerning Lord the zfuettt, hath thought Jit to acquaint the Parha- 
pigty's Letter ment y 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 Perfon t 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 3Jtb t 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 Cotleftions t 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 
' * Sub j efts > 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 the twelve 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 Weftminfter y 
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 l6 4 J - 
might be made better, 'or Words .to that Effect: S C7 V " 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. 
Laftly 9 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 O f fa highe/t Importance,^ not only for the 

Kingdom in general, but alfo for his JMaie/ly's Reval 

The King defers > *>. ? , . , . J J .- , /-* 

givinganAnfwer y * 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 f ame 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 toAn t 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 Digby y 
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. i 7 . 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 V 7ebruar~" 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 
l6 4'- 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 to The 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- 
gard of '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 diretandpofi~ 
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 fhisMaje/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 laft t 
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 here t 
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 oun f e ) s k a( j ^en gj ven 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- terou fly 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, J f 

? accompanied with divers Soldiers and others in l6 4 I - 

' 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 Spch thercup- 
a Noble Gentleman, as he was, fhould fall into fo on * 

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 Parliament 3 , 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 H is 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 tbat 1 ^*? .. 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-ajfeled 
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+ 
tho 1 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;2r i'' 
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"l 4 lv, 
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 '5 h 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. w ith 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 felel 
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 V9 ur Ma J e %' s moft loyal and obedient Sub- 

will difpofe of ' X j e & 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( p e( c t O f tne p u b!i c 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. l t 
' Receipt of your unexpected Denial of their moft l6 4 I - 

' 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. * f on> 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 an f wer ' Y u fP eak 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 th e 
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 P ut 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 the to t h e 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 " l6 4 I - 
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 
l6 4 J - Seven at Night, (fubfcribed by fome of my Bre- 
v. s- ^j t h ren ) w ith 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- l6 4 >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- l6 4* 
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-P aJVd 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. 



33 2 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 fe ve- 

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, ^^^^ 
1 do give juft Caufe of Sorrow to your faithful Sub- caufes of their 
c jeb, 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. Cole t 
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 ^ r jp J 

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 ~Ma V rcru * ^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 
J6 4'- 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 p re fent 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- 1a i" 
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> n p cr tc the faid Houfe, &c. [as before recited.] 
7T v ' 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 l6 4 1 - 
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 
SSSwer 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 l6 4 J - 
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 
J h ech K to 6 the a fp ee( ^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- A n . 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, 
l6 4 z - as follows : a 

When his Majefty heard that Part of the De- 
Pa e ffa*2 a b n e that 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 Yb g Parliamentary HISTORY 

An. 17. Car. I. that there was but an Impeachment and a Denial ; 
l6 4 I - and no Act proved but what was confefied, which 
V "7T V T"" <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 f entence j 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. 

3jYy, * 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. Dun j more on ly 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- 



r or 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: r i- 

March. 4 mcn t 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 y 0ur 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 O f York, where he intends to make his Rejidence 

to t?!ad^f or f ome Time -> ^ blks & io f endthis 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 *"7r v T*"' 
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 a pp i nte d 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 a S reed to b 7 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 &-f c 
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 ft r j 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 Newcaftle 9 
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* ' 
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( JC ornmonsm p ar ij amen t 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 ^"T7 V T""'' 
' 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 ^" V 7~*' to the lame Purpofe, but ftronger than the former : 
* The Governor, Sir John Hotham, was to take 
Orders of both^ are no ^ ere 'g n 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-Lo r ti_L; eu tenants 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' J pafi"agc tfW ^ ^ r - Baynton, the nineteenth c/'March, 1641, 
in Mr? Pymmis at York, touching fuch Perfons as have been licenced 
Speech j fry hi s 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 6 4 * 
according to bis Majejly' s Reply upon that Sutjefi, *""rj V "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 N ewm arket, 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 ? R y a l 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 a nd Brittany, to the Number of 7000 Men; that 
?e n Jed Va by 0n th n e~ 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- 
T1 J eL t rd p re ( uf f tance 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 At 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 Spencer y 
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 L or j s m d 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*may-^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 o f Lords by the Earl of Briftol, who 

examined touch- . . . , , . , ,. v , . . T J , _ ,. 

ing the Kenti/b"^ "^ " ac i 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. 3 8j> 

Houfe, in not revealing the Petition to them 'till An - *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 of e r TT"*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- 

' in S> 



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. JM a y 0r l u t (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 at 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 Machia f uel'& 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. j n t h e 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- 
P ly (of the 2 6th I ec i our A n f wer 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- t j je 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~ 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 itfelf t 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 ~ V 7T 
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 Time 9 
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 Opi n l on O f 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 ^4 2 - 
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*~" ' ' j u ft Liberties of your People ; that fo we might 

April. ea f e 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 T sA 
' 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. < w jf e a jj ot h er dangerous and ill-afte&ed Perfons, 

'*~~A^\T^ ' t ^ 10 ' P r fe^ n g 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&t 2 - 

' 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 

L JLtXj ' 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, 
u i' 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 i64 2 - 
the Public Good, Peace, and Safety of the Kingdom, *- "7 v "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 l6 4 z - 

c of Commons defire, for themfelves, that none of ^""""X""*'^ 
c their Body may be taken away, but by their Con- A P r " 
' 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 Py mme (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 March y 
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 , T r . . . 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- l6 4*. 
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. th e 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' a 1 ) 
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^ffet : 

' That the Lords andCommons did dcclare,ThatOrder concerning 
they intended a due and neceftary Reformation of a f urt her 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 Dela y WOuld P r 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 s P ea ^ 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, Pf*JJJ s^ 
and being moft tenderly fenfsble of thefalfe and f can- p rea"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. l6 4*- 

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 
l6 4 z - 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 Apri i < 
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, on conf T' 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^ j s puniihable by this Houfe.' 

- e- 7 v T* -/ ^"^ 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 l6 4-- 
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 

P rl " voted the fending Licences and Difpenfations from 

Additional Refo- the King, to difcharge the faid Earls from their 

Iflhe 3 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- *^ T V 7~ - ' 

* 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.< g OO d 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 ri j 



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 Colepeper t 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, r we 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. f 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 - ie y 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- j n5 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 



44 2 The Parliamentary HISTORY 



An. 18. Car. I. of ten, by our Meffages, ive mode the fame Offer, if 
1 4 2 - 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 expefled t 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 m r ft 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.y e ,/ mt OU rf 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 Sufpicionjbould t 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 Sttbjefs t 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 you t 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 Thing 1 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 an abou ^' 

11 i v r</- TT-n/r 1 -/! 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 abftrat 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- l6 4 z - 
' ceive Qualification from the Equity, elfe the a- < "" A " V 7""~' 
' 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 a re Coni P lainttothe 
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^ Cn for ^ our S rac ' 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. l6 4 2 - 

This Petition was a/Tented to, and delivered to April; 
the King, by thefe Gentlemen, viz. Sir Francis 
hartley, Sir William Wentworth, Sir John Gibfon y 
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-J 1 ^ Majejly bavin* received the Petition inclofed 
MefLgeoCCom- iJ. from mofl of the chief of the Gentry near about 

Jol" fi!?oJ York '' de f l . rln Z 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 up t 
by the exprefs Command of Sir John Hotham ; ivho 9 
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. t h e 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 Kin S dom > 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.t f 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 i fi 4 2 - 
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 In 7 

* 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 l6 4 2 - 
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 of Farfher 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- t bam. 
' 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- 
7 e o P to* 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, i ng 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 
. I6 4~- 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. h ave l e en 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* thd 1 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 me y 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- T V T'~' / 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 ^P r ^ 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- l6 4 2 

< 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 concern 1 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 Salyeffs t that, 

1642. y 6U a n 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 Purpofe t 
a Bill for the fettling that Power for a Year j hoping 
in that Time to return to you; and being fur e that 1 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 Cofideration, 

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, &c t 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 at f Tcot 
twenty-third of this Inftantyfyr/7, his Majefty re- C ernbg 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, i