THE LIBRARY

OF

THE UNIVERSITY OF CALIFORNIA

LOS ANGELES

•

THE

PARLIAMENTARY

O R

CONSTITUTIONAL

Hiftory of England;

BEING A

FAITHFUL ACCOUNT

Of all the

Moft remarkable TRANSACTIONS

In PARLIAMENT,

From the earlieft TIMES,

TO THE

Reftoration of King CHARLES II.

COLLECTED

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

By SEVERAL HANDS.

Juvat integros accedere Fontes. VOL. X.

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

The SECOND EDITION.

LONDON,

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

THE

Parliamentary Hiftory

O F

ENGLAND.

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

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

when Mr. Pymme, one of the Com-

mittee of the Commons, appointed The Parliament

to fit during the Recefs,made a Re-

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

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

VOL. X. A In-

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

1272159

2 The Parliamentary HISTORY

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

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

Sir

Q/* ENGLAND. 3

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

, T % T-* /• T% '

when I come to that Part of my Report.

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

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

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

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

4 The Parliamentary HISTORY

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

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

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

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

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

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

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

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

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

againft

Of ENGLAND, 5

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

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

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

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

6 The Parliamentary HISTORY

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

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

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

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

neft Man, fhould have been there on the Monday

following, which he eafily might have done, if he

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

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

Road ; fo that we may juftly fear fome Misfortune

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

and his Letters taken from him. '

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

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

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

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

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

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

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

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

' Next,

0/ENGLAND, 7

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

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

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

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

-8 . . The Parliamentary HISTORY

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

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

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

tohaftenthei ro- , • . . . n l.

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

the impeached Proceeding therein. The Lords returned Anfwer,

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

next for a peremptory Day to them , and that they

then do intend to proceed with all Expedition.'

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

the Clergy from Holy Orders to exercife any Temporal Jurifdiflion or

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

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

proceeded in with all Expedition. The following

is a Copy of this extraordinary Bill c :

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

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

* being of fuch great Importance that it will take

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

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

« Pre-

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

Of ENGLAND. 9

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

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

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

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

lo The Parliamentary HISTORY

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

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

er

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

Your affured Friend,

'"e CHARLES R.

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

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

b has omitted thefe Proceedings againft Judge Berkeley.

Of ENGLAND u

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

To the Right Honourable the LORDS aflembled in Parliament,

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

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

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

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

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

ROBERT BERKELEY. Here-

12 7 be Parliament dry HISTORY

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

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

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

concerning the to have a Conference with the Lords concerning

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

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

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

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

fent from that Houfe, for the taking away of all

their Votes in Parliament. A felecl Committee

was named and ordered to prepare Heads for this

Conference.

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

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

tation

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

Memorials, p. 39.

Of ENGLAND. 13

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

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

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

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

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

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

1. ' The Prerogative of the King.

2. ' The Privilege of Parliaments.

3. ' The Property of the Subject.

4. ' The Peace of the Kingdom.

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

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

Tliat

14 Vbe Parliamentary HISTORY

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

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

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

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

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

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

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

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

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

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

were excluded.

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

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

Regni

Of E N G L A N D. 1

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

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

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

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

* ment, by the Lords Temporal and Commons,

* without calling of the Bilhops ; and that, upon

' feveral

1 6 The Parliamentary Hi s T OR y

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

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

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

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

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

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

made

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

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

Of ENGLAND. 17

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

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

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

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

VOL. X. B bate

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

1 8 We Parliamentary HISTORY

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

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

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

Mr. Speaker^

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

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

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

Of E N G L A N D. 19

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

Quis Ta/ia fando,

Temper et a Lachrymis?

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

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

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

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

20 'The Parliamentary HISTORY

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

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

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

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

Prince

Of ENGLAND. 21

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

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

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

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

22 The Parliamentary HISTORY

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

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

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

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

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

Ottsbtr

Of E N G L A N D. 23

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

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

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

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

24 The Parliamentary HISTORY

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

1641. mons, and fent to the Marquis.

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

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

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

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

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

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

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

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

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

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

Of E N G L A N D. 25

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

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

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

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

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

feveral

26 The Parliamentary HISTORY

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

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

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

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

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

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

the.

Of E N G L A N D. 27

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

The Queen's

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

• i r T f I K.ebeUion«

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

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

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

My Lords,

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

28 The Parliamentary HISTORY

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

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

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

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

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

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

the Parliment

• tj

Scotland. ' fuppreffing the Rebellion in Ireland, hath been

* fully conlidered ajid debated by both Houfes of

4 Par-

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

Of E N G L A N D. 29

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

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

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

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

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

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

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

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

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

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

* neareft to them ; according to the Treaty agreed

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

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

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

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

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

* raife a convenient Number of Horfe and Foot,

'for

30 The Parliamentary HISTORY

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

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

* fons there; and that a convenient Number. of

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

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

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

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

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

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

* we humbly advifc his Majefty, by the Counfel

* and Authority of his Parliament in Scotland, to

* provide, that one Regiment, confifting of 1000

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

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

* fected to the Reformed Religion, and the Peace

* of both Kingdoms, and well enabled with Skill,

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

* in thofe Northern Parts for the oppofing of the

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

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

ve the Directions of the Lord-Lieutenant, his

* Lieutenant-General, or the Governor of Ireland,

s accord-

Of E N G L A N D. 3r

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

* Majefty and the Crown of England.

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

* Charges needful, which this Amltance will re-

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

* feech his Majefty to commend it to our Brethren,

* the Eftates of the Parliament of Scotland, to take

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

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

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

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

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

4 State;

32 Tie Parliamentary HISTORY

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

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

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

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

4 contriving, by Violence and Force, to fupprefs

4 the Libeny of Parliament, and endanger the Safe-

4 ty of thoie who have oppofed fuch wicked and

4 pernicious Courfes.

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

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

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

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

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

* cceded, and which have caufed fo many Miferies

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

* And if herein his Majefty fliall not vouchfafe

4 to condescend to our humble Supplication, altho'

fliall always continue, with Reverence and

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

Dif-

Of E N G L A N D. 33

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

4 on fome fuch Way of defending Ireland from the

4 Rebels, as may concur to the fecuring ourfelves '

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

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

* lievc; and to commend thofe Aids and Contribu-

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

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

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

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

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

VOL. X. C Heart

34 We Parliamentary HISTORY

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

l64il . So moft principal and mifchievous Defigns have

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

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

and Promoters of ill Counfels are ftill preferred.

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

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

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

the

Of E N G L A N D. 35

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

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

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

36 T^he Parliamentary HISTORY

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

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

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

for many Times Servants are preferred to Princes

for the Advantage of foreign States.

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

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

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

Mr. Speaker,

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

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

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

Of ENGLAND. 37

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

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

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

C 3 Foun-

m Sir Berjarnir. Rudyard.

38 The Parliamentary HISTORY

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

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

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

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

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

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

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

come

Of E N G L A N D. 39

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

another, from Superftition and Idolatry to Irreve-

_ r /• /•*« i» > i- T¥r /i >

rence and Contempt of (aod s public Worihip

and Ordinances.

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

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

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

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

Time,

40 The Parliamentary HISTORY

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

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

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

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

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

of

Of ENGLAND. 41

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

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

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

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

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

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

42 T/x Parliamentary ' HIST %ORV

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

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

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

Fiou. in great Confternation, by the Information of one

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

againft the Lives of feveral Members of both Houfes.

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

Lords

Of E N G L A N D. 43

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

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

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

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

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

dily;

44 7#* Parliamentary HISTORY

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

November 22. The Lords took into Confidera-

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

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

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

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

curing the Pcrfons of Popifla Recufants ? it was

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

kgiilative Way. On which a Bill was ordered to

be drawn up for that Purpofe.

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

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

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

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

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

tions

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

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

Of E N G L A N D. 45

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

T

November,

Mr. Speaker i

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

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

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

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

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

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

46 The Parliamentary HISTORY

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

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

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

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

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

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

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

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

that

Of E N G L A N D. 47

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

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

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

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

* the whole Houfe, and the Remonftrance to be

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

* for the Prefervation and Maintenance of all thofe

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

Na-

48 ¥ke Parliamentary HISTORY

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

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

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

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

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

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

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

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

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

* for

f By the Journal*, the Majority was Eleven.

Of E N G L A N £>. 49

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

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

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

* of .the fame.Refolution.'

Rujbwortb fays, ' That this Debate lafted from

Three in the Afternoon till Three the next Morn-

YOL. X. D inj

50 'Tbe Parliamentary HISTORY

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

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

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

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

ved

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

Commons Journal*.

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

Of ENGLAND. 51

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

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

by all the Hiilorians of thofe Times. Sufficient

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

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

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

r f j -iii i f • /~< u he had otdered

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

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

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

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

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

52 The ParliaJnfntary HISTORY

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

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

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

both Houfes for

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

* Houfes,

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

Of E N G L A N D. 53

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

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

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

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

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

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

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

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

54

Parliamentary HISTORY

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

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

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

-fo dangerous, both to this and future Parlia-

ments.

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

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

\vith the Bill for granting a Subfuly to his Majeity

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

A Bill for the Houfe of Commons defired their Lordfhips would

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

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

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

upon the King,

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

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

ration "t>lC Mr* Henry

Kingd

S^ Ralph Hopto

Of E N G L A N D. 55

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

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

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

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

and

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

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

56 The Parliamentary HISTORY

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

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

* ration till this Houfe had received his Majefty's

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

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

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

Moft Gracious Sovereign,

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

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

Of E N G L A N D. 57

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

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

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

.fort of your gracious Presence, and likcwife the Unity

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

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

Endeavours of your Parliament, for Prevention of

that imminent Ruin and Duftruftio'n wherewith your

Kingdoms of England and Scotland art thrvatned.

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

iry, cannot but make us very fenjible and apprehcnfive,

that the Multiplicity, Shar'pnefs, and Malignity cfithofe

Evils, under whichwe have nsw nany Years fujfervd*

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

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

vices for the Alteration vfRelighn and

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

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

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

and

58 The Parliamentary HISTORY

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

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

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

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

the

Of E N G L A N D. 5p

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

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

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

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

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

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

The

60 The Parliamentary HISTORY

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

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

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

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

* Fears, the preifmgMiferies and Calamities, the va-

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

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

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

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

* Evils, and do ftill labour to caft Aiperiions upon

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

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

* twixt the King and the Parliament ; that fo they

* may deprive him and his People of the Fiiyt of

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

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

* clnevous Defigns.

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

* Parliament.

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

* ufed for the Extirpation of thofe dangerous -Evils,

* and the Progrcli which .hath therein been onad^

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

* the Parliament.

Of ENGLAND. tfi

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

* rupted. i-~v~-^

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

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

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

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

* malignant and pernicious Defign of fubverting

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

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

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

' as the Obftacles of that Change and Subverfiou

* of Religion, which they fo much long for.

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

* Ufunpation.

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

4 The common Principles by which they mould-

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

j//, * To maintain continual Differences and

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

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

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

* ties, the Places of greateft Truft and Power in

* the Kingdom.

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

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

4 Im-

62 The Parliamentary HISTORY

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

1641. < to introduce.

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

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

* wherein they agree with the Papifts ; to multiply

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

* to introduce and countenance fuch Opinions and

* Ceremonies as are fitteft for an Accommodation

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

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

* to aft fuch Counfels and Refolutions, as were

* moil conducible to their own Ends.

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

* Shew and Appearance, were fuller of Advantage

* than the ordinary Courfe of Subfidies, though, in

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

* As in all compounded Bodies, the Operations

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

* be difcovered to have had the greateft Sway in all

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

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

* been fomewhat damp'd by the Breach with Spain

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

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

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

« land

O/ E N G L A N D. 63

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

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

' folution to weaken the Proteftant Parties in all December.

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

* The firft Effect and Evidence of their Reco-

* very and Strength was, the Diflblution of the

* Parliament at Oxford, after there had been given

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

* more miserable Effects followed m :

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

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

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

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

* gainft the Spaniard^ to an expenceful and fuccef-

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

* of War, than to profper in it.

* The precipitate Breach with France, and ta-

* king their Ships to a great Value ; whereupon

* the Englijh Subjects Goods were embargoed and

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

' The Peace with Spain without Confent of

* Parliament, contrary to the Promife of King

* James to both Houfes j whereby the Palatine's

* Caufe was deferted, and left to chargeable and

* hopelefs

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

64 Tke Parliamentary Hi? TORT

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

* fpeeled to be no Friends to that Caufe.

' The charging of the Kingdom with billeted

* Soldiers in all Parts of it, and that concomitant

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

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

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

* claration of their Intent to grant five Subfidies.

' The Exacting of the like Proportion of five

* Subfidies, after the Parliament was difTolved, by

* Commiflion of Loan ; and divers Gentlemen

* and others impriibned for not yielding to pay that

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

* An unjuft and pernicious Attempt to extort great

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

* Purpofe.

4 The Petition-of- Right which was granted in

* full Parliament, blafted with an illegal Declarer

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

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

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

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

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

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

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

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

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

* ting their Wives to come unto them, even in

* Time of their Sicknefs: And,for thecompleating;

' of

Of E N G L A N D. 65 .

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

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

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

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

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

* bailed according to Law, yet vexing them with

* Informations in inferior Courts ; fentencing and

* fining fome of them for Matters done in Parlia-

* ment, and extorting the Payments of thofe Fines

* from them ; enforcing others to put in Security

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

* been perpetual, if Neceffity had not, the laft

* Year, brought another Parliament to relieve them)

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

* nefs of his Imprifonment ; which would admit

* of no Relaxation, notwithftanding the imminent

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

* or at leaft his Refrefhment, was fought by many

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

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

* of his Majefty's Juflice and Mercy.

' Upon theDiflblution of boththefe Parliaments $

* untrue and fcandalous Declarations were publifh-

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

* Proclamations were fet out, to the great Deject -

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

' After the Breach of Parliament, in the fourth

* YearofhisMajefty, Injuftice,Oppreffion, and Vi-

* olence broke in upon us, without any Reftraint or

* Moderation) and yetthefirft Project, was the great

VOL. X. E * Sums

t Sir John Ellitt,

66 T&? Parliamentary HISTORY

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

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

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

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

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

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

* their Proceedings.

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

* and opprefied above Meafure ; and the ordinary

* Courfe of Juftice, the common Birth- right of

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

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

* the fame Pretence. By both which there was

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

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

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

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

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

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

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

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

4 deftitutc

Of E N G L A N D. 67

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

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

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

* Title to Land between High and Low Water-

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

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

* The Reftraint of the Liberties of the Subjects in

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

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

* Sale of pretended Nufances, as Buildings in and

* about London: Converfion of Arable into Pafture,

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

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

* fit to his Majefty. Large Quantities of Com-

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

* ers, without their Confent, and againft it*

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

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

* ted to long and hard Imprifonments and Confine-

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

* fome ; and others have had their Houfes broken

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

* been interrupted in their Voyages, furprized at

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

E 2 • com-

68 The Parliamentary HISTORY

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

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

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

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

4 of the Monopolizers and Projectors.

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

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

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

* grievous Fines, Imprifonments, Stigmatizings,

* Mutilations, Whippings, Pillories, Gags, Con-

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

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

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

* were interrupted and forecluded.

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

4 offered

Of E N G L A N D. 6^

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

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

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

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

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

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

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

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

* nour, judicial Places, Serjeantfhips at Law, and

* other Offices have been fold for great Sams of

* Money ; whereby the common Juiticc of the

* Kingdom hath been much endangered, not only

* by opening a Way of Employment, in Places of

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

* ments to execute whatfoever they would have to

* be done.

E ^ « The

jo The Parliamentary HISTORY

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

1641. < umph in the Sufpenfions, Excommunications,

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

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

' and grievous Oppreflion of great Numbers of his

4 Majefty's good Subjects. The High Commiffion

4 grew to fuch Excefs of Sharpnefs and Severity, as

' was not much lefs than the Romifh Inquiiition ;

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

* Power ', was made much more heavy, being

* affifted and ftrengthened by Authority of the

* Council-Table.

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

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

* refpectof the Generality and Multiplicity of Vex-

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

* Thoufands, and fo afflict and trouble others, that

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

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

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

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

* of that peculiar Trade of Cloathing, which hath

* been a plentiful Fountain of Wealth and Ho-

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

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

* nefty.

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

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

* or full of fuch kind of Invectives, whereby they

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

* King-

1 Dr.ZW, Archbiftop'of Canterbury.

Of ENGLAND. 71

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

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

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

* were Counfellors in Name ; but the Power and

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

* Determinations were brought to the Table for

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

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

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

* three Parts :

1 . ' The Government muft be fet free from all

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

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

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

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

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

« an.

72 The Parliamentary HISTORY

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

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

* bility and dutiful Submiflion of the Scots^ did fo

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

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

* Earl of Strafford being Heads, they and theirFac-

* tion began to inveigh againft the Peace, and to

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

* again for War. And fuch was their Confidence,

* that, having corrupted and diftempered the whole

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

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

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

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

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

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

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

* Confent.

' The Ground alledged for the Juftification of

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

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

* England

Of E N G L A N D. 73

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

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

* dience.

4 This whole Kingdom being moft miferably di-

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

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

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

* ticns for an Army of 8000 Foot and 1000 Horfe

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

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

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

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

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

* Defire of Money ; but that withall they were like

* to blaft their malicious Defigns againft Scotland,

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

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

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

4 fupply

74 T%e Parliamentary HISTORY

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

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

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

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

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

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

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

* about Lambeth^ were the Caufes that fuch violent

* Intentions were not brought to Execution.

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

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

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

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

* committed to Prifon.

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

* to the Right of Parliaments, to the Property and

* Liberty of the Subject ; and Matters tending to

* Sedition, and of dangerous Confequence ; there-

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

* without Warrant of Law.

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

'for

Of ENGLAND. 75

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

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

4 ry affectionate to the War with Scotland, which

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

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

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

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

* Sufpenfion, Excommunication, and Deprivation;

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

* Minifters, andmoftof the wcll-affedted People of

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

4 The Popifli Party enjoyed fuch Exemption from ,

* the Penal Laws, as amounted to a Toleration,

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

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

4 miffion

76 The Parliamentary HISTORY

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

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

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

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

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

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

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

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

* no vifible Hope being left, but in Defperation;

* the Nobility beginning to be weary of theirSilence

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

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

* that they had reafon to expect more Hazard to

* themfelves, than Redrefs of thofe public Evils

* for which they interceded.

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

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

* Englifh Nation, made them (lay there ; whereby

* the King had Leifure to entertain better Counfel ;

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

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

clared

Of E N G L A N D. 77

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

* ^r then following. 1641.

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

* a prefent Ceiiation of Arms agreed upon j and

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

' At our firft Meeting all Oppofitions feem'd to

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

* forded Difficulty enough. The multiplied Evils,

* and Corruption of lixteen Years, ftrengthened by

* Cuftom and Authority, and the concurrent Inte-

* reft of many powerful Delinquents, were now to

* be brought to Judgment and Reformation. The

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

* not fupply his ordinary and neceffary Expences,

* without the Affiftance of his People. Two Ar-

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

4 The Difficulties feemed to be infuperable ;

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

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

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

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

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

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

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

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

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

* whereof fome few did prejudice the Subj eel: above

4 a Million

78 The Parliamentary HISTORY

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

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

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

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

* aclly computed, would make up a great Sum.

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

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

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

* 1 lament.

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

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

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

* Times, but a Prefervation to the future.

' The Difcontinuance of Parliaments is prevent-

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

* Houfes. Thefe two Laws well confidered, may

* be thought more advantageous than all the former,

* becaufe they fecure a full Operation of the prefent

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

« The Star-Chamber, the High Cornmiflion, the

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

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

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

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

'that

Of E N G L A N D. 79

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

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

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

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

* and the faithful Endeavours of this Parliament.

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

* orbitant Power of Bifhops, and their Courts, are

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

* the many Innovations in Doctrine and Ceremo-

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

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

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

* their right Bounds. The Encroachments and

* Opprefiions of the Stannary Courts ; the Extor-

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

* pulfion of the Subject to receive the Order of

* Knighthood againft his Will, paying of Fines for

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

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

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

* Other Things, of main Importance for the

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

* the

8o The Parliamentary HISTORY

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

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

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

* vernment of the Kingdom, may be more certainly

* provided for; the regulating of Courts of JufHce,

* and abridging both the Delays and Charges of

* Law-Suits ; the fettling of fome good Courfes

* for preventing the Exportation of Gold and Sil-

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

* Commodities, Increafe of our Manufactures, and"

* well-balancing of Trade; whereby the Stock of

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

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

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

* enabling the Kingdom in any great Action.

4 The Oppofitions, Obflru6tions, and other Dif^

* faculties wherewith we have been encountered,

* and which ftill lie in our Way with fome Strength

* and much Obftinacy, are thefe ; The malignant

* Party, whom we have formerly defcribed to be

* the Actors and Promoters of all our Mifery, they

* have taken great Heart again; and have been able

* to prefer fome of their own Factors and Agents

* to Degrees of Honour, to Places of Truft and

* Employment, even during the Parliament: They « have endeavoured to work in his Majefty ill Im- ' preffions and Opinions of our Proceedings, as if ' we had altogether done our own Work, and not

* his ; and had obtained from him many Things

* very prejudicial to the Crown, both in refpect of ' Prerogative and Profit.

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

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

* Honour, and Support. When we yielded to give

25,ooo/.

Of E N G L A N D. 8r

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

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

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

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

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

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

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

* took the Charge of the Army, which coft above

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

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

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

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

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

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

* nothing for him.

* As to the fecond Branch of this Slander : We

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

* vantage of the Subjects, than have been in many

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

* fome Endeavours, to hinder thefe good A6ls.

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

* Truth and Modefty, fay thus much, That we

* have ever been careful not to defire any thing that

* fhould weaken the Crown, either in juft Profit

* or ufeful Power.

VOL. X. F 'The

An. 17. Car. I. 1641.

December.

82 The Parliamentary HISTORY

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

* rimely Summons, {hall prevent any other Way

* of aflembling.

' In the Bill for Continuance of this prefent Par-

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

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

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

* could not have undertaken any of thefe great

* Charges ; but muft have left both the Armies to

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

' The Star-Chamber was much more fruitful in

* Oppreflion than in Profit ; the great Fines being,

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

* at long Times.

* The Fines of the High Commiffion were, in

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

' Thefe four Bills are particularly and more fpc-

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

' They have fought to diminifh. our Reputa-

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

* Love with Parliaments. The Afperfions which

* they have attempted this Way have been fuch as

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

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

« back-

Of E N G L A N t>. £3

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

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

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

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

* by all indifferent Judgments, that our Time hath ' been much better employed than in a far greater

* Proportion of Time in many former Parliaments ' put together. And the Charges which have been

' laid upon the Subject, and the other Inconveni- ! ' ences which they have borne, will feem very ' light, in refpedr. of the Benefit they have had, and

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

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

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

* pafling a Bill to give them Satisfaction.

' They have fought, by many fubtle Practices,

* to caufe Jealoufies and Divifions betxvixt us and:

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

* cret Endeavours, to inftigate and incenfethem and

* us one againft another. They have had fuch a

* Party of Bifhops and Popifh Lords in the Houfeof

* Peers, as hath caufed much Oppofition and De-

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

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

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

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

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

F 2 * in-

84 The Parliamentary HISTORY

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

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

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

' concur with the Intentions of this dangerous and

' potent Faction. And when one milchievous

' Defign and Attempt of theirs, to bring up the

' Army againft the Parliament and the City of

' London, had been discovered and prevented, they

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

* EngUfo Army (which they had laboured to cor-

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

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

* DHIblution of the Government.

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

* for the promoting of their deviiiftiDefigns ; which

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

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

* dom; totally fubverted the Government of it,

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

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

* Caftle of Dublin had not been detected and pre-

* vented, upon the very Eve before it Ihould have

* been executed : Notwithftanding, they have, in

* other Parts of that Kingdom, broken out into

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

'jefty,

Of ENGLAND. 85

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

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

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

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

* made the lamentable Spectacle of Mifery and ' Confufion.

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

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

* this malignant Party to traduce our Proceedings ?

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

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

* gulate all the Members of the Church of England

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

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

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

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

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

* that fo the better they might, with Meeknefs,

* apply themfelves to the Difchargq of their Func-

F 3 ' tions:

86 The Parliamentary HISTORY

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

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

* Difcipline and Government in the Church ; to

* leave private Perfons, or particular Congregations,

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

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

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

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

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

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

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

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

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

* whereas it is our chiefeft Care and Defire to

* advance it, and to provide a competent Mainte-

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

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

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

« tell

Of E N G L A N D. 87

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

" Conventicles;' when Idolatry and Popilh Cere-

* monies, introduced into the Church by the Com-

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

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

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

* chiefs we ftudy to prevent.

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

* of all Proteftants, when they fhall have Oppor-

* tunity to effect it.

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

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

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

* pifts to the Church; by Colour whereof Perfons,

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

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

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

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

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

fticc*

88 The Parliamentary HISTORY

c ftices to be fworn to the due Execution of the

* Petition-of- Right, and other Laws.

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

* may have Caufe to confide in ; without which

* we cannot give his Majefty fuch Supplies for Sup-

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

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

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

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

* ing or countenancing fome great Offenders, que-

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

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

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

5 ?£/}', ' That all Counfellors of State may be ' fworn to obferve the Laws which concern the 4 Subject in his Liberty ; that they may likewife 4 take an Oath not to receive, or give, Reward or 4 Penfion to, or from, any foreign Prince, but i'uch 4 as they, within fomereafonable Time,difcoverto

* the Lords of his Majefty's Council ; and altho* 4 theyfhould wickedly forlwear themfelves, yet it 4 may herein do good, to make them known to be 4 falfe and perjured to thofe who employ them,

* and thereby bring them into as little Credit with 4 them as with us :

4 That

Of E N G L A N D. 89

' That his Majefty may have Caufe to be in love An. 17. Car. f. 1 with good Counfel and good Men, by (hewing I

* him, in an humble and dutiful Manner, how full ' of Advantage it would be to himfclf, to fee his ' own Eftate fettled in a plentiful Condition to fup- ' port his Honour j to fee his People united in Ways ' of Duty to him, and Endeavours for the Public ' Good j to fee Happinefs, Wealth, Peace, and 4 Safety derived to his own Kingdom, and procured ' to his Allies, by the Influence of his own Power 4 and Government :

* That all good Courfes may be taken to unite ' the two Kingdoms of England and Scotland, to ' be mutually aiding and affifting one another, for

* the common Good of the Ifland, and Honour of « both :

* To take away all Differences among ourfelves

* for Matters indifferent in their own Nature con-

* cerning Religion, and to unite ourfelves againft

* the common Enemies ; which are the better ena- ' bled, by our Divifions, to deftroy us, as they

* hope and have often endeavoured :

' To labour, by all Offices of Friendship, to unite ' the foreign Churches with us in the fame Caufe ; ' and to feek their Liberty, Safety, and Profperity, c as bound thereunto, both by Charity to them, and

* by Wifdom for our own Good ; for, by this

* Means, our Strength (hall be increafed, and, by a 6 mutual Concurrence to the fame common End, £ we fhall be enabled to procure the Good of the

* whole Body of the Proteftant Profeflion.

c If thefe Things may be obferved, we doubt

* not but God will crown this Parliament with fuch

* Succefs, as fhall be the Beginning and Founda- ' tion of more Honour and Happinefs to his Ma-

* jefty, than ever was yet enjoyed by any of his « Royal Predeceflbrs.'

December 2. This Day the King came to the Houfe of Lords ; and, fending for the Commons, the Speaker, with the whole Houfe, came up with

'the

90 The Parliamentary HISTORY

An. 17. Car. I. the Bill of Tonnage and Poundage ; when he deli- vered himfelf to the King in this formal Speech c :

Mojl Dread Sovereign,

The Speaker's * T I'^H E Obfervation, taken from the unlike

Speech at ore- t Compofitions and various Motions of the

cSu'ance of'' World, made the Philosophers conclude that Tata

Tcr.n^e and * hujus Mundi Concordla ex Difcordibus conjlat*

Poundage. < Thz happy Conjuction of both thefe Nations, in

' the Triumph and Joy of your facred Prefence,

' extracted from the different Difpofitions and Opi-

* nions, give us Caufe toobferve and admire thefe ' blefled Effects from fuch contrary Caufes : We ' may, without Flattery, commend your facred ' Majefty as the glorious Inftrument of this happy ' Change, whofe Piety and Prudence, directed by 4 the Hand of God, hath contracted this Union 4 from thofe various Difcords.

4 The Story of thefe Times will feem Paradoxes ' in following Generation?, when they {hall hear ' of Peace fprung from the Root of Diffention ; of

* Union planted upon the Stock of Divifions ; two ' Armies in the Field both ready to ftrike the firft ' Blow, and both united without a Stroke. Nothing ' can reduce thefe Truths into a Belief, but the

* Knowledge of your Piety and Juftice, who have

* accomplished thefe Acts of Wonder, by Good-

* nefs and Gentlenefs, without Force or Violence.

' This Way of Conqueft, this Bellum incruen- ' turn, hath been the Rule of the moft valiant and

* puiflant Monarchs ; advancing their Glory in the ' Safeguard of one Subject, more than in the Death ' of a thoufand Enemies: And thus have you ere<5t-

* ed a Monument of Glory to your facred Memo-

* ry for all Generations.

* And as your Care and Piety for the Welfare of ' yourNorthern Kingdom, called you to that Work,

* for the great Comfort of your People, which your

* Wifdom hath fo happily confummated : So, now,

4 the

« From the original Edition, printed by Joffpb Eatfat*

Of E N G L A N D. 91

6 the Diftemper of your other Kingdom, fomented An. 17. Car. I.

* by the fame Spirit, whofe Prefence admits no

* Peace in Ifrael^ calls on your Providence to heal « the Difeafes of that Nation.

' The one from whence you returned, hath, ' with Abd, tho' the younger Brother, offered an

* acceptable Sacrifice ; the other, with <?<?/», hath ' erected Altars for Blood and Revenge (the old Im-

* molations of the Levitical Priefthood) which in-

* vokes the Neceflity of your Juftice : The one, to

* a natural hath added a politic Brotherhood; the ' other, of Brothers, I am forry to fay it, are be-

* come Strangers : The Fidelity of the one hath

* written a Story of Admiration to the World; the ' Difloyalty of the other hath parallel'd that horrid c Defign, matchlefs before amongft all Genera-

* tions ; I/?, In their Intentions, the Deftruclion ' of a Kingdom, even when Unity and Peace were ' tying the Knot of Religion and Safety. 2<//y, In

* the Difcovery, a Moment of Time prevented the ' Execution. 3^/y, IntheA&ors, JefuitsandPriefts, f without whom the Malice of the Devil could not ' have found a Party in the World, fitted to act ' over the like bloody Tragedy.

' But this, among the many Joys we receive by

* your happy Return, is not the leaft, That the fame f Providence which protected that gracious King,

* your moft religious Father, from their bloody At- ' tempts, and increafed the Blefling of a long and

* happy Reign, hath alfo defended your facred f Throne from all their Machinations.

' Thus we fee Religion is the greateft Policy, the

* never- failing Support of King and Kingdom;

* that which firms you and your Pofterity to your

* Throne, and our Duty and Obedience to it.

* Give me Leave here, Moft Gracious Sovereign,

* to fum up the Senfe of eleven Months Obferva- ' tion, without Intermiffion fcarce of a Day, nay

* an Hour in that Day, to the Hazard of Life and ' Fortune ; and to reduce all into this Conclufion, ' That the Endeavours of your Commons aflembled, ' guided by your pious and religious Example, is to

1641

92 The Parliamentary HISTORY

An. 17. Car. I. * preferve Religion in its Purity, without Mixture c or Compofition, againft thefe fubtle Invaders ; 4 and, with our Lives and Fortunes, to eftablifh ' this Throne to your facred Perfon, and thofe ' Beams of Majefty, your Royal Progeny, againft

* all Treafon and Rebellion. '

' The Ways that conduce to this End, are the ' Defence of the Land and Sea ; for the one we ' have already voted to raife Money ; for the

* other, this Bill, in fome Meafure, will accom- ' pliih for a little Time ; and, to that End, I, by

* the Command of the Commons, humbly befeech ( your Royal Afient.'

\Yhen the Speaker had ended, and the Royal ' Aflent given to the Bill, the King himfelf fpoke * as follows d :

My Lords and Gentlemen,

T Think it fit, after fo long Mfence, at this firft f <*»>•. <° Jf f« f<™W°r<lS ,,,,,, },,u: But lf ls no ways in Anfwer to Mr. Speaker s learned Speech.

Albeit I have flayed longer than I expefled to have done when I went away j yet in this I have kept my Promife with you, that 1 have made all the Hajle back again^ that the Settling of my Scots Affairs could any ways permit : In which I have had jo good Suc- cejs, that I will confidently affirm to you, that I have left that Nation a mojl peaceable and contented People ; fo that although I have a little mif-reckoned in Time^ yet 1 ivas not deceived in my End.

But if I have de^ eivedyour Expectations a little 9 in the Time of my Return ; yet 1 am aJJ'urcd^ that my Expectation is as much and more deceived ', in the Condition wherein I hoped to have found Bufineffes at my Return: For ', fence that^ before my going^ I fet- tled the Liberties of my Subj eel s^ and gave the Laws afreeandorucrly Courfe, I expected to have found my People reaping the Fruits of thefe Benefit st by living

The King's

Return from Scotland,

d Printed by Roitrt Bar^r, Printer to the King's Moft Excel- lent Majefty, and by the Aifigns of John Bill, 1641.

Of E N G L A N D, 93

in ghtietnefs f.nd Satisfaction of Mind : But injtead A of this, I find them difturbedwithjcalcufies, Frights, and Alarms of dangerous Dejigns and Plots ; in Con- ' — VT ^ fequence of which Guards have been fet to defend both Houjes. I fay not this, as in Doubt that my Subjects Ajfeflions are any way lejjened to me in this Time of rny Abfence ; (for I cannot but remember^ to my great Comfort, the joyful Reception I had now at my Entry into London) but rather, as I hopey that my Prefence will eafily difperfe thefe Fears ; for I bring as per feel and true AjfeElions to my People as ever Prince did, or as good Subjects can pojfibly defire ; and I am fo far from repenting me of any Atl I have done this Sejjicn for the Good of my People, that I protcjl, if it were to do again, I would do it ; and will yet grant what elfe can be jujlly dcfired for Sa- tisfaffion in Point of Liberties, or in Maintenance of the true Religion that is here cjlablijhed.

Now, I have but one Particular to recommend unto you at this Time : It is Ireland ; for which, though I doubt not your Care, yet, methinks, the Prepara- tions for it go butJJowly en. The Occafion is the fitter for me now to mention it, becaufe of the Arrival of two Lords from Scotland, who come inftrutted from my Council there, (who now, by AcJ of Parliament , hath ftili Power for that Purpoje) to anfwer that De- mand, which it pleafed both Houfes to make me, by way of Petition, that met me at Berwick; and whiih the Duke of Richmond fent back, by my Com- mand, to my Scots Council. Therefore my Dejire is9 That both Houses would appoint a f elect Committee^ to end this Bujinefs with thefe Noblemen.

Imufl conclude in telling you, that Ifeek my People's Happinefs ; for their Flourijhing is my greatejl Glo- ry, and their Affeftions my greatejl Strength.

December 3. According to the Tenor of his Ma- jefty's Speech, in regard to feme Lords coming as Commiiikmers out of Scotland, about the Irijh Rebel- lion, both Houfes thought proper to nominate fome of their Body, to treat with them on that Bufinefs. The Earl. of Bedford, and the Earl of Leicefter,

Lord

94 The Parliamentary HISTORY

An. 17. Car. I. Lord -Lieutenant of Ireland, with the Lord Howard of" Efcrick, were appointed by the Lords ; and ^^£^7 Mr. Nathaniel Ficnne$, Sir William Armyn, Sir Phi- In Confe u-nce ^/* Stapy/ton^ and Mr. Hampden, by the Commons, whereof they ap- to treat with the Scots Commiffioners, according to point a Commit- the King's Directions. The Commons,, alfo, or- IhVLT' vvithdered the King's Speech to be entered in their Jour- nals ; a Thing not ufual in former Seflions. Tin Lords re- The Caufe of the thirteen impeached Bifhopfr fume the Caufe was t^ js j)ay refumed by the Lords, when the Coun- imJeaVhed Bi- fel for them was demanded to ftiew Caufe, Why ihops. the Defire of the Houfe of Commons, lately made,

fhould not be granted ; which was, That a fhort Day might be fixed for them to make Proof of their Charge, notwithftancaing the Plea and De- murrer of the Bifhops. Their Counfel anfwered, That this Caufe would not be fit for a Hearing, untill the Bifhops put in their Anfwers ; for there can be no IlTue joined till then. And they conceive no Anfwer can be made untill the Charge is parti- cular ; therefore the Bifliops abide by their Plea and Demurrer.

The Lords ordered Tucfday^ the 7th Inftant, to hear what the Counfel could fay in maintaining the Plea and Demurrer to the Impeachment; at which Time and Place the Houfe of Commons, or fuch of their Members as they fhould appoint, might be prefent if they pleafed. And, as there was nothing material done in either Houfe, we fhall pafs on to

December 7. When a Report was made to the Lords, by the Archbifhop of York % of a Confe- rence had with the Commons the Day before, con- cerning

c Dr. Join Williams, tranflatcd from the Biftioprick of Lincoln to this Sec, the 4th of this Month, on the Death of Archbifhop fftile.

Lord Clarendon accounts for this Prelate's Promotion (who was for fome Years in the Tower, by a Sentence of the Star-Chamber, before this Parliament met ; and had been, fince, in great Efteem with the Commons on account of his Behaviour in the Cafe of the Archbifhop of Canterbury and Lord Straford) by faying, « That, a? the Time then was, it could not qualify him to do more Harm, and might, poflibly difpofe and oblige him to do fome Good.'

Ili/hry eftbt.RAMm, Vol. 1. Svo. Edit. p. 350.

Of ENGLAND. 95

cerning the Profecution againft the Bifhops, to this An-

6 He firft repeated all the Proceedings in this Caufe, from the firft Impeachment, the 4th of Augujl laft, to that Time j wherein the Houfe of Commons obferved much Dilatorinefs had been ufed by the Bifhops, and that fo long Time given, in Caufes of this Nature, produced great Incon- veniences ; and that this kind of Proceeding was not precedented in former Parliaments ; for this Courfe would keep all Caufes from being heard, and De- linquents from being queftioned. Super totam Materiam^ it was demanded by the Houfe of Com- mons, that one of thefe three Things be granted:

1. * That the Demurrer might be rejected : Or

2. ' That their Lordfhips would proceed to Judgment : Or, at leaft,

3. ' That the Houfe of Commons might be ad- mitted to make their Proofs, without farther Delay/

The Counfel for theBimops being then called in, and the fecond Impeachment, of the I3th of Augiift laft, read to them, they defired fome {hort Day to confider what Anfwer the Bifhops ftiould make to it; and the Lords fixed upon Saturday^ the nth Inftant, for that Purpofe.

This Day the Queen, again, defired of the The Commons Lords, That fince herConfefforPA/7//>j, was bailed, fti11 refufe th.e he might not be reftrained from coming to her.ee This was confented toby the Lords, but refufed by the Commons.

December 8. The King fent a Mefiage to the Lords, c That it was his Defire both Houfes would confider of, and prepare, Inftru&ions for their Com- miflioners to treat with the Scots about the Irijb Affairs, and prefent them to him.' He, alfo, fent to inform both Houfes, 'That the French Ambafla- dor had petitioned for eight Priefts condemned this \Veek ; and that they might be imprifoned or ba- niflied, rather than be executed, becaufe it might

96 *Tbe Parliamentary