Historical Collections of Private Passages of State: Volume 4, 1640-42. Originally published by D Browne, London, 1721.
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The King's Speech, in Favour of the Earl of Strafford.
I Had not any Intention to have spoken to you of this Business this Day, which is the great Business of the Earl of Strafford, because I would do nothing that might serve to hinder your Occasions: But now it comes so to pass, That seeing of nessity I must have part in the Judgment, I think it most necessary for me to declare my Conscience therein: I am sure you all know, that I have been present at the hearing of this great Case, from the one end to the other; and I must tell you, that I cannot in my Conscience condemn him of High-Treason; it is not fit for me to argue the Business; I am sure you will not expect that; a positive Doctrine left becomes the Mouth of a Prince: Yet I must tell you Three great Truths, which I am sure no Body knows so well as my self: (1.) That I never had any Intention of bringing over the Irish Army into England; nor never was advised by any Body so to do. (2.) That there was never any Debate before me, neither in publick council, not at private Committee, of the Disloyalty of my English Subjects, nor ever had I any Suspicion of them. (3.) I was never counselled by any, to alter the least of any of the Laws of England, much less to alter all the Laws: Nay, I must all you this, I think No body durst ever be so impudent to move me in it; for if they had; I should have put such a Mark upon them, and made them such an Example, that all Posterity should know my Intentions by it; for my Intention was her to govern according to Law, and no otherwise.
I desire to be rightly understood. I told you in my Conscience I cannot condemn him of High-Treason; yet I cannot say I can clear him of Misdemeanors: therefore I hope that you may find a way for to satisfy Justice and your own fears, and not to press upon my Conscience. My Lords, I hope you know what a under Thing CONSCIENCE is; yet I must declare unto you, That to satify my people, I would do great Matters; but this of Conscience, no Fear, no Respect whatsoever, shall ever make me go against it. Certainly I have not so ill deserved of the Parliament at this Time, that they should press me in this tender Point; old therefore I cannot expect that you will go about it.
Nay, I must confess for Matter of Misdemeanors, I am so clear in that, that tho' will not chalk out the Way, yet let me tell you, That I do think my Lord Strafford is not fit hereafter to serve me or the Commonwealth, in any Place of Trust, not so much as that of a Constable. Therefore I leave it to you, my Lords, to find some such way as to bring me out of this great Streight, and keep our selves and the Kingdom from such Inconveniences; certainly he that thinks him Guilty of High-Treason in his Conscience, may condemn him of Misdemeanor.
The House of Commons, as soon as they came back to their own House from the King's Speech, seem'd to be much troubled and discontented with what the King had spoken concerning the Earl of Strafford, and immediately adjour'd till Monday.
Sunday, May 2. Lady Mary married to the Prince of Orange.
This Day was folemniz'd at White-Hall the Marriage between the Young Prince of Orange, and the Lady Mary his Majesty's Elder Daughter.
May 3. The Bill against Bishops pass'd in the Commons-House.
The Bill against the Bishops and Clergy exercising Temporal Jurisdiction read a Third Time, and passed; and Mr. Goodwin Order'd to carry up this Bill, and the Bill against Turkish Pirates, to the Lords for their Concurrence.
That the Assent to the Bill of Subsidies shall not determine this Session.
Ordered, That Mr. Selden, Mr. Whitlock, Mr. Glyn, and Serjeant Wyld retire immediately into the Committee Chamber to insert a Clause into the Bill of Subsidies, that neither the passing of that Bill, nor any other shall determine this Sessions of Parliament.
Discovery of a Plot against the Parliament.
Mr. Pym makes known to the House, That there are divers Informations given of desperate Designs, both at Home and Abroad, against the Parliament and the Peace of the Nation; and that the Person engaged therein, are under an Oath of Secrecy: That there is an Endeavour to disaffect the Army, not only against the Parliament's Proceeding but to bring them up against the Parliament to over-awe them: That there is also a Design upon the Tower; and Endeavours used for the Earl of Strafford to Escape.
That these Combinations at Home, have a Correspondency with Practices Abroad: And that the French are drawing down their Forces amain to the Sea-side: And that there is a Cause to fear their Intent is upon Portsmouth.
That divers Persons of Eminency about the Queen, as by good Information appears, are deeply engaged in these Plots: That it is necessary, that the Ports be stopp'd; and that his Majesty be desired to Command, That no Person attending upon the King, Queen, or Prince do depart without Leave of his Majesty, with the humble Advice of the Parliament.
Hereupon the House fell into serious Debate of this Matter; and were generally of Opinion, That it was necessary to enter into a common Resolution for the common Safety. Amongst others, Sir John Wray spoke thus.
Sir John Wray's Speech.
If ever we intend to perfect and finish the great Works we have begun, and to come to our Journey's End, let us take and follow the right Way, which is Via tuta: And that in a Word, is to become Holy Pilgrims (not Popish and to endeavour to be Loyal Covenanters with God and the King; first binding our selves by a Parliamentary and National-Oath (not a Straffordian nor a Prelatical one) to preserve our Religion entire and pure, without the least compound of Superstition or Idolatry: Next, to defend the Defender of the Faith, his Royal Person, Crown, and Dignity, and Maintain our Sovereign in his Glory and Splendor, which can never be eclipsed, if the Balance of Justice go Right, and his Laws be duly executed. Thus doing, Mr. Speaker and making Jerusalem our chiefest Joy, we shall be a blessed Nation, and an happy People. But if we shall let go our Christian hold, and lose our Parliament-Proof, and old English well-temper'd Mettal, let us take heed that our Buckler break not, our Parliaments melt not, and our Golden Candlestick be not removed; which let me never live to see, nor England to feel the want of.
The House at last came to a Resolution of taking a Protestation; which being referred to a Committee to draw up the same in Form, was approved of by the House, being in these Words.
We the Knights, Citizens, and Burgesses of the Commons House in Parliament, finding, to the Grief of our Hearts, that the Designs of the Priests and Jesuits, and other Adherents to the See of Rome, have of late more boldly and been frequently put in Practice than formerly, to the Undermining and Danger of the Ruin of the true Reformed Religion, in his Majesty's Dominions establish'd: And finding also that there have been, and having Cause to suspect there still are, even during the sitting in Parliament, Endeavours to subvert the Fundamental Laws of England and Ireland; and to introduce the Exercise of an Arbitrary and Tyrannical Government, by most pernicious and wicked Counsels, Practices, Plots, and Conspiracies; and that the long Intermission, And unhappier Breach of Parliaments, hath occasioned many illegal Taxaions: Whereupon the Subjects have been prosecuted and grieved, and that livers Innovations and Superstitions have been brought into the Church; Multitudes driven out of his Majesty's Dominions, Jealousies raised and fomented between the King and his People; and a Popish Army levyed on Ireland; and two Armies brought into the Bowels of this Kingdom, to the hazard of his Majesty's Royal Person, the Consumption of the Revenue of the Crown, and the Treasure of this Realm. And lastly, finding the great Causes of Jealousy, that Endeavours have been, and are used to bring the English Army into Misunderstanding of this Parliament, thereby to incline that Army by Force to bring to pass those wicked Counsels; have therefore thought good to join our selves in a Declaration of our united Affections and Resolutions, and to make this ensuing Protestation.
The Protestation taken by the House of Commons, May. 3.
I A. B. Do in the presence of Almighty God, Promise, Vow, and Protest to Maintain and Defend as far as lawfully I may, with my Life, Power and Estate, the true reformed Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery and Popish Innovation within this Realm, contrary to the said Doctrine; and according to the Duty of my Allegiance I will maintain, and defend his Majesty's Royal Person, Honour, and Estate.
Also the Power and Privilege of Parliaments, the Lawful Rights and Liberties of the Subjects, and every Person that shall make this Protestation, in whatsoever he shall do in the lawful Pursuance of the same; and to my Power, as far as lawfully I may, I will oppose, and by all good Ways and Means, endeavour to bring condign Punishment on all such as shall by Force, Practice, Counsels, Plots, Conspiracies, or otherwise do any Thing to the contarary in this present Protestatation contained: And further, That I shall in all Just and Honourable Ways, endeavour to preserve the Union and Peace be twixt the Three Kingdoms of England, Scotland, and Ireland: And neither for Hope, Fear, or any other Respects, shall relinquish this Promise, Vow, and Protestation.
This Protestation was generally taken by the Members then present, and by others afterwards, whose Names are herein after inserted.
A Committee appointed to meet presently to draw up a Letter to be sent to the Army, and to think of Provisions of Cloaths, &c. to be sent unto them; and the Letter to be sent by an Express.
And the Author of these Collections, was sent therewith accordingly.
A Message sent to the Lords concerning the Plot. May 3.
A Message was sent to the Lords, to acquaint them, That the Commons had just Cause and Ground to suspect, that there hath been, and still is a secret Practice, to discontent the Army with the Proceedings of the Parliament, to engage them in some Design of dangerous Consequence to the State; and by some mischievous Ways, to prevent the happy Success and Conclusion of this Assembly; and to desire their Lordships, that a select Committee might be appointed to take the Examinations upon Oath, concerning this desperate Plot and Design, in the presence of some of the Commons; and to move his Majesty, in the Name of the Parliament, That upon this great and weighty Occasion, no Servant of his Majesty, the Queen, or Prince, may depart the Kingdom without leave of his Majesty, with the Advice of his Parliament, until they appear and be examined.
At the same Time the Commons passed several Resolves, in order to the Security of the Nation, viz. That strict Enquiry be made what Papists, Priest, and Jesuits, be now about the Town; That Fifteen hundred Barrels of Powder going to Portsmouth may be stayed: That the Forces in Wiltshire and Hampshire be drawn towards Portsmouth; and the Forces in Kent and Sussex, towards Dover: And they did declare, That whosoever should give Counsel or Assistance, or join any manner of way to bring any Foreign Force into the Kingdom, unless it be by Command from his Majesty, with consent of both Houses of Parliament, shall be adjudged and reputed as publick Enemies to the King and Kingdoms.
These Resolves the Commons made known to the Lords for their Concurrence; and also desired them to move his Majesty for the stop of the Ports; and that the Lord-Admiral should place such Trusty Commanders in the Ships, for the Security of the Nation, as they could conside in; in all which, the Lords did most readily concur.
Furthermore, the Commons did communicate to the Lords, the Protestation which they had taken in their House, desiring their Lordships that every Member of their House would take the same: Which Protestation was carried up by Mr. Denzil Hollis; and Mr. Maynard, of the House of Commons, reading the same unto the Lords, Mr. Hollis thereupon made this ensuing Speech.
Mr. Denzil Hollis his Speech to the Lords at the Delivery of the Protestation, May 4. 1641.
The Knights, Citizens, and Burgesses of the House of Commons, having taken into their serious Consideration, the present Estate and Condition of this Kingdom; they find it surrounded with variety of pernicious and destructive Designs, Practices, and Plots against the well-being of it, nay the very Being of it; and some of these Designs hatched within our own Bowels, and Viper-like, working our Destruction.
They find Jesuits and Priests conspiring with ill Ministers of State to destroy our Religion. They find ill Ministers conjoined together to subvert our Laws and Liberties.
They find Obstructions of Justice, which is the Life-Blood of every State; and (having a free Passage from the Sovereign Power, where it is primarily seated, as the Life-Blood in the Heart, and thence derived through the several Judicatories, as through so many Veins, into all the Parts of this great Collective Body) doth give Warmth and Motion to every Part and Member, which is nourished and enlivened by it; but being once precluded, stopped, and feared up, as the Particular must of necessity saint and languish, so must the whole Frame of Government be dissolved, and consequently Sovereignty it self; which, as the Heart in the Body is Primum vivens, & ultimum moriens, must die and perish in the general Dissolution, and all Things return, as in the beginning, in antiquum Chaos.
They find the Propriety of the Subject invaded and violated, his Estate rent from him by illegal Taxations, Impositions, Monopolies, and Projects (almost upon every Thing which is for the use of Man) not only upon Superfluities, but Necessaries; and this to enrich the Vermin and Caterpillars of the Land, and to impoverish the Good, to take the Meat from the Children, and give it to Dogs.
My Lords, If we find these Things so, we must conceive, they must be ill Counsels which have brought us into this Condition; these Counsels have put all into a Combustion, have discouraged the Hearts of all true Englishmen, and have brought two Armies into our Bowels, which (as the Vulture upon Prometheus) eat through our Sides, and gnaw our very Hearts.
Hinc dolor: sed unde medicina.
Heretofore Parliaments were the Catholicon, the Balm of Gilead, which healed our Wounds, restored our Spirits, and made up all the Breaches of the Land; but of late Years they have been like the Fig-tree in the Gospel, without Efficacy, without Fruit, only destructive to the particular Members, who discharge their Duties and Consciences; no way beneficial to the Commonwealth, Nobis exitiabile, nec Reipub. profuturum, as he said in Tacitus; commonly taken away as Elias was with a Whirlwind, never coming to any Maturity, or to their natural End: Whereas they should be like that blessed old Man, which dyed (Plenus dierum) in a full Age, after he had fought a good Fight, and overcome all his Enemies; as the Shock of Wheat which cometh in due Season, to fill our Granaries with Corn, uphold our Lives with the Staff of Bread. For Parliaments are our panis quotidianus, our True Bread; all other Ways are but Quelques Choses, which yield no true Nourishment, breed no good Blood.
This very Parliament, which hath fat so long, hath all this while but beaten the Air, and striven against the Stream; for I may truly say, Wind and Tide have still been against us.
The same ill Counsels which first raised the Storm, which almost shipwreck's the Common-wealth, do still continue; they blow strong, like the East Wind that brought the Locusts over the Land.
These Counsels cross our Designs, cast Difficulties in our Way, hinder our Proceedings, and make all that we do to be fruitless and ineffectual; they make us to be not Masters of our Business, and so not Masters of Money; which hath been the great Business of this Parliament, that we might pay the Armies according to our Promises and Engagements.
For, My Lords, our not effecting of the good Things which we had under taken for the good of the Church and Common-wealth, hath wounded our Reputation, and taken off from our Credit.
Is it not Time then, My Lords, that we should unite and concentrate our selves in regard of this Antiperistasis and Circumvallation of hurtful and malicious Intentions and Practices against us? (My Lords) it is most agreeable to Reason, in respect of the present Conjuncture of Affairs; for one main Engine by which our Enemies work our Mischief, is by infusing an Opinion and Belief into the World, That we are not united amongst our selves, but that, like Sampson 's Foxes we draw several Ways, and rend to several Ends.
To defeat then the Counsels of these Achitophels, which would involve us, our Religion, our King, our Laws, our Liberties, all that can be near and dear unto us, in one universal and general Desolation; to defeat (I say) the Councils of such Achitophels, the Knights, Citizens, and Burgesses of the House of Commons (knowing themselves to be specially entrusted with the Preservation of the whole, and in their Consciences persuaded, that the Dangers are so imminent that they will admit of no delay) have thought fit to declare their united Affections by entring into an Association amongst themselves, and by making a solemn Protestation and Vow unto their God, That they will unanimously endeavour to oppose and prevent the Counsels and Counsellors, which have brought upon us all these Miseries, and Fears of greater, to prevent their Ends, and bring the Author of them to condign Punishment, and thereby discharge themselves both before God and Man.
The Protestation your Lordships shall have read unto you, together with the Grounds and Reasons which have induced the House of commons to make it.
A Catalogue of the Members of the House of Commons, who took the Protestation, May 3. 1641. and at several times afterwards, as they stand entred in the Journal of the House of Commons.
- William Lenthal, Esq; Speaker.
- Sir Edward Bainton.
- James Cambel, Esq;
- Sir John Heal.
- Thomas Tomkins, Esq;
- Sir John Finch.
- James Lord Compton.
- Sir Henry Anderson.
- Sir Harbottle Grimston.
- Sir Robert Bye.
- Arthur Capel, Esq;
- Sir Arthur Ingram.
- Ferdinan. Lord Fairfax.
- Sir Henry Mildmay.
- Sir William Armyn.
- Sir Roger North.
- Sir Walter Devereux.
- Thomas Hatcher, Esq;
- Sir Christopher Yelverton.
- William Lord Russel.
- Sir Philip Stapleton.
- Henry Pelham, Esq;
- Henry Cholmley, Esq;
- Sir John Hotham.
- William Strode, Esq;
- Nathaniel Fiennes, Esq;
- Henry Marten, Esq;
- John Bodvile, Esq;
- Sir Patricius Curwin.
- Edw. Mountague, Esq;
- Geo. Mountague, Esq;
- Rich. Shuttleworth, Esq;
- John Moore, Esq;
- Sir Simon D'Ewes.
- Sir John Wray.
- Sir Christopher Wray.
- Sir Martin Lumley.
- Herbert Morley, Esq;
- Thomas Lord Grey.
- Roger Burgoign, Esq;
- Rich. Shugburrough, Esq;
- Sir Edw. Hungerford.
- Sir John Curson,
- Will. Pierpoint, Esq;
- John Wastall, Esq;
- Hugh Owen, Esq;
- Sir William Stanhope.
- Norton Knatchbull, Esq;
- Sir Edward Hales.
- Henry Vaughan, Esq;
- Edward Kirton, Esq;
- Edward Bagshaw, Esq;
- Sir Walter Smith.
- Rich. Harding, Esq;
- Geoffry Palmer, Esq;
- Bulstrode Whitlock, Esq;
- William Price, Esq;
- Henry Lucas, Esq;
- Gilb. Millington, Esq;
- Sir Tho. Hutchinson.
- Sir William Morley.
- Sir Hen. Bellingham.
- Sir John Franklyn.
- Sir John Clotworthy.
- Sir Edward Mountfort.
- William Cage, Esq;
- Jo. Northcot, Esq;
- Sir Tho. Middleton.
- Sir John Salisbury.
- Sir Robert Napier.
- Sir Ralph Verney.
- Tho. Lower, Esq;
- Fran. Gerrard, Esq;
- Peregrine Pelham, Esq;
- John Pym, Esq;
- Sir Ben. Rudyard.
- William Herbert, Esq;
- William Digby, Esq;
- George Lord Digby.
- Sir Ralph Hopton.
- Sir Gilbert Gerrard.
- Lord Ruthyn.
- Sir Nevil Pool.
- Sir George Dalston.
- Sir Thomas Bowyer.
- John Hambden, Esq;
- Denzil Hollis, Esq;
- Jo. Maynard, Serj. at Law
- Sir Robert Harley.
- Jo. Glyn, Serj. at Law.
- John Selden, Esq;
- Sir John Culpeper.
- Sir Tho. Barrington.
- John Vaughan, Esq;
- Lord Vise. Faulkland.
- William Plydall, Esq;
- Sir Will. Widdrington,
- Rich. Barvis, Esq;
- Humphrey Hooke, Esq;
- Rob. Trelauney, Esq;
- Sir Edward Masters.
- John Coucher, Esq;
- Sir William Strickland.
- Sir Edward Boyce.
- Sir Tho. Walsingham.
- Sir Peter Wroth.
- Tho. Maleverer, Esq;
- Sir Edw. Bamton.
- Sir John Pawlet.
- Oliver Cromwell, Esq;
- Sir Gilbert Pickering.
- Sir Tho. Widdrington.
- Will. Whitacre, Esq;
- Mich. Oldsworth, Esq;
- Sir John Harrison.
- Sir Hugh Cholmley.
- Sir Henry Herbert.
- Isaac Pennington, Ald.
- George Peard, Esq;
- Sir Robert Howard.
- Sir Richard Wynn.
- Edmund Dunch,Esq;
- Edmund Prideaux, Esq;
- Giles Green, Esq;
- Dennis Bond,Esq;
- Roger Matthews, Esq;
- Tho. Fountain, Esq;
- Charles Price, Esq;
- Henry Vernon, Esq;
- Lord Lisle.
- Edw. Douce, Esq;
- Robert Scawen, Esq;
- Sir Tho. Fanshaw.
- Sir Dudley North.
- Laur. Whitacre, Esq;
- Sir Humphrey Tufton.
- Henry Hayman, Esq;
- Tho. Hebblethwait, Esq;
- Arthur Jones, Esq;
- Will. Bell, Esq;
- John Harvey, Esq;
- John Ash, Esq;
- George Gallop, Esq;
- John Nash, Esq;
- Edward Ash, Esq;
- Rich. Seabourn, Esq;
- Corn. Holland, Esq;
- Sir John Evelin.
- Joseph Jane, Esq;
- Sir Philip Parker.
- Arthur Anslow, Esq;
- George Hartnall, Esq;
- Richard Weston, Esq;
- John Goodwin, Esq;
- Nath. Stephens, Esq;
- John White, Esq;
- Sir Edw Grissith.
- Sir Fred. Cornwallis.
- Sir Ralph Sydenbam.
- Fitzwill. Conisby, Esq;
- Baptist North, Esq;
- Rich. Alborough, Esq;
- Orlando Bridgeman, Esq;
- Dr. Samuel Turner.
- Sir Edw. Patherick.
- Sir Peter Temple.
- Robert Holborn, Esq;
- Ralph Snead, Esq;
- Poynings Moor, Esq;
- Sir William Lewis.
- Peter Venables, Esq;
- Henry Killegrew, Esq;
- John Harris, Esq;
- John Moston, Esq;
- Peter Leigh,Esq;
- Dr. Tho. Edwn.
- William Glanvile, Esq;
- Arthur Godwin, Esq;
- Roger Palmer, Esq;
- Touch Tate, Esq;
- John White, Esq;
- Richard Moor, Esq;
- Richard Rose, Esq;
- Will. Wheeler, Esq;
- Tho. Pury, Esq;
- William Purefoy, Esq;
- Robert Jennour, Esq;
- William Spurstow, Esq;
- Henry Wilmot, Esq;
- Col. Ashburnham,
- Hugh Pollard, Esq;
- Simon Snow, Esq;
- Rich. Terris, Esq;
- Jo. Ashburnham, Esq;
- Edw. Thomas, Esq;
- Serjeant Wild.
- Humph. Salloway, Esq;
- Sir Tho. Leeds.
- William Harnion, Esq;
- Sir Jervase Cliston.
- John Coventry, Esq;
- William Herbert, Esq;
- Sir George Wentworth.
- Edward Seymour, Esq;
- Edw. Wingate, Esq;
- Jo. Bellasis, Esq;
- Fran. Newport, Esq;
- Lord Crainbourn.
- Robert Cecil, Esq;
- Sir Hen. Vane, Mr. Treasurer.
- Sir William Litton.
- Sir John Jennins.
- Sir Oliver Luke.
- Anthony Nichols, Esq;
- John Broxholm, Esq;
- George Buller, Esq;
- James Fiennes, Esq;
- Nicholas Weston, Esq;
- Binian Weston, Esq;
- Jo. Alured, Esq;
- Sir Beauchamp St. Johns.
- Sir Richard Anslow.
- Sir John Corbet.
- Sir John Parker.
- Sir Robert Parkhurst.
- Sir Ambrose Brown.
- Sir Sam. Oldfield.
- Sir Richard Buller.
- Alex. Carew, Esq;
- Sir Nath. Barnardiston.
- Edw. Owner, Esq;
- Tho. Toll, Esq;
- John Polwheel, Esq;
- Simon Thellwell, Esq;
- Oliver St. John, Sol. Gen.
- Sir Will. Allanson.
- John Crew, Esq;
- Richard Catlyn, Esq;
- Rob. Godwin, Esq;
- Jo. Blaikiston, Esq;
- Sir William Brereton.
- Miles Corbet, Esq;
- Philip Smith, Esq;
- Sir Rich. Vivian.
- Henry Ravenscrost, Esq;
- Sir Tho. Middleton.
- Rich. Knightley, Esq;
- Ralph Ashton, Esq;
- Will. Fitz Williams, Esq;
- Henry Bellasis, Esq;
- Sir Edward Ascough.
- Sir Edward Stowel.
- Tho. Chichley, Esq;
- Sir John Price.
- Hugh Rogers, Esq;
- John Wogan, Esq;
- Will. Mallory, Esq;
- Henry Brett, Esq;
- John Trevanian, Esq;
- Walter Lloyd, Esq;
- Sir Richard Leigh.
- Oliver Upton, Esq;
- Tho. Ingram.
- Sir Robert Crane.
- Jo. Arundel, Esq;
- Jonathan Rushley, Esq;
- Richard Arundel, Esq;
- John Waddon, Esq;
- Jo. Pierceval, Esq;
- Sir Will. Portman.
- Sir Theob. George.
- Tho. Smith, Esq;
- Sir Mart. Lister.
- Sir Tho. Cheek.
- Anth. Bedding field, Esq;
- Sir Tho. Smith.
- Ralph Ashton, Esq;
- John Potts, Esq;
- Fran. Rouse, Esq;
- Sir Hen. Baggot.
- Simon Norton, Esq;
- Sam. Evers, Serjeant at Law.
- Edm. Waller, Esq;
- Syd. Godolphin, Esq;
- John Alford, Esq;
- Cba. Williams,Esq;
- Rich. Herbert, Esq;
- Sir Edw. Aldford.
- Sir Will. Playters.
- Sir Guy Palmes.
- Sir Geo. Wentworth.
- Lord Mansfield.
- Sir Will. Carnaby.
- Fran. Glanvile, Esq;
- Sir John Stepney.
- Sir John Brook.
- Jo. Fenwick, Esq;
- Will. Chadwell, Esq;
- Alex Lutterel, Esq;
- Jhon Borlace, Esq;
- Sir Hen. Slingshy.
- Sir John Cook.
- Tho. Cook, Esq;
- Rich. Boyle, Lord Dungarvan.
- Edw. Pool, Esq;
- Roger Hill, Esq;
- Sir Edm, Varney.
- Sir Rich. Leveson.
- John Grissith, Esq;
- Mat. Davies Esq;
- John Fettiplace, Esq;
- Geo. Loe, Esq;
- Rich. Edgcomb, Esq;
- Sir Edw. Rodney.
- Sir Edw. Deering.
- Sir Arth. Haslerig.
- Sir Fran. Barnbam.
- Sir Tho. Gervafe.
- Rob. Wallop, Esq
- Jam. Rivers, Esq;
- ...Havenningham, Esq;
- Will. Cawley Esq;
- John Button, Esq;
- Hen. Darley, Esq;
- Valentine Walton Esq;
- Sam. Vassal Esq;
- Pierce Edgcomb Esq;
- Sir Walt. Erle.
- Sir Will. Massam.
- Sir Sam. Roles.
- Tho. Arundel, Esq;
- Sir Will. Dalston
- Sir Tho. Woodhouse.
- Fran. Godolphin, Esq;
- Framlingh. Gawdy, Esq;
- Sir Anth. Irby.
- Geo. Vane, Esq;
- Lord Wenman.
- Sir Tho. Peyton.
- John Lowry, Esq;
- Sir Tho Danby.
- Jo. Evelyn,Esq;
- .....Long, Esq;
- Sir Phil. Musgrave.
- Geo. Parry, Esq;
- Sir Will. Pennyman.
- Tho. May, Esq;
- Sir Nich Slanning.
- Tho. Jermin, Esq;
- Rob. Hunt, Esq;
- Sir John Howel.
- Will. Basset,
- Sir Jam. Tbynn.
- Sir John Strangeways.
- Ralph Godwin, Esq;
- Tho. Bennet, Esq;
- Fran. Buller, Esq;
- Mr. Serjeant Hide.
- Sir Rob. Hatton.
- Fran. Drake, Esq;
- Sir Christoph. Hatton.
- Rob. Nichols, Esq;
- Sir Fran. Knollis.
- Jo. Dutton, Esq;
- Nath. Hollow, Esq;
- Hen. Campian, Esq;
- Herbert Price, Esq;
- Tho. Erle, Esq;
- Will. Marlott, Esq;
- Will. Drake, Esq;
- Sir Edw. Littleton.
- Sir Hen. Ludlow.
- Rich. Harman, Esq;
- Sir John Dryden.
- Will. Ellis, Esq;
- Will. Thomas, Esq;
- John Pine, Esq;
- Will. Jepson, Esq;
- John Hotham, Esq;
- Tho. Hodges, Esq;
- Tho. Moore, Esq;
- Godf. Boswell, Esq;
- Anth. Stapley, Esq;
- John Moyle, Esq;
- Will. Hay, Esq;
- Ferd. Stanhop, Esq;
- Tho. Soants, Esq;
- Jo. Craven, Esq;
- Rob. Crook, Esq;
- Edw. Philips, Esq;
- Walt. Kirk, Esq;
- Sir Tho. Parker.
- ....Grantham, Esq;
- ....Taylor, Esq;
- Will. Constantine, Esq;
- Jo. Trenchard, Esq;
- Rob. Sutton, Esq;
- Jo. Whistler, Esq;
- Anth. Hungerford, Esq;
- Tho. Eversfield, Esq;
- Geo. Searle, Esq;
- Charles Baldwin, Esq;
- Sir Alex. Denton.
- Rich. Whitehead, Esq;
- Ger. Napier, Esq;
- Hen. Garton, Esq;
- Mich. Noble, Esq;
- Serj. Creswel.
- Sir John Holland.
- Sir Will. Ogle.
- Sir Cha. Grosse.
- Sir Geo. Stonehouse.
- ....Rainsborough, Esq;
- Rich. Leigh, Esq;
- Walt. Young, Esq;
- John Bamfield, Esq;
- Alex. Rigby, Esq;
The Names of the Lords Spiritual and Temporal, that took the Protestation, May 4. and afterwards.
- Lord Privy-Seal.
- Lord Great Chamberlain.
- Lord High Steward.
- Lord Chamberlain.
- Earl of Cumberland.
- Earl of Huntington.
- Earl of Bath.
- Earl of Hertford.
- Earl of Essex.
- Earl of Lincoln.
- Earl of Nottingham.
- Earl of Suffolk.
- Earl of Dorset.
- Earl of Salisbury.
- Earl of Northampton.
- Earl of Warwick.
- Earl of Devonshire.
- Earl of Cambridge.
- Earl of March.
- Earl of Carlisle.
- Earl of Bristol.
- Earl of Holland.
- Earl of Denbeigh.
- Earl of Clare.
- Earl of Bolingbrooke.
- Earl of Westmorland.
- Earl of Berkshire.
- Earl of Cleveland.
- Earl of Monmouth.
- Earl of Dover.
- Earl of Peterburgh.
- Earl of Stamford.
- Earl of Carnarvan.
- Earl of Thannet.
- Earl of Portland.
- Lord Viscount Say and Seal.
- Lord Visc. Conway.
- Lord Visc. Cambden.
- Lord Bishop of Durham.
- Lord Bishop of Lincoln.
- Lord Bishop of Gloucester.
- Lord Bishop of Carlisle.
- Lord Bishop of Bath and Wells.
- Lord Bishop of Hereford.
- Lord Bishop of Bristol.
- Lord Bishop of Rochester.
- Lord Bishop of Llandaff.
- Lord Mowbray.
- Lord Strange.
- Lord Willoughby D'Ersby.
- Lord Dacres.
- Lord De Grey.
- Lord Hastings.
- Lord Wentworth.
- Lord Chandois.
- Lord Wharton.
- Lord Rich.
- Lord Willoughby de Parham.
- Lord Paget.
- Lord North.
- Lord Hunsden.
- Lord Kimbolton.
- Lord Newenham.
- Lord Brook.
- Lord Howard de Charlton.
- Lord Grey de Wark.
- Lord Deincourt.
- Lord Craven.
- Lord Lovelace.
- Lord Pawlett.
- Lord Pierpoint.
- Lord Coventry.
- Lord Howard d'Escrig.
- Lord Goring.
- Lord Dunsmore.
- Lord Savill.
- Lord Herbert de Cherbery.
- Lord Seymour.
- Earl of Danby.
- Lord Stanhope.
- Master of the Rolls.
- Sir Rob. Rich.
- Mr. Attorney General.
- Sir Rob. Rich.
- Lord bishop of Chester.
- Lord Bishop of Winchester.
- Lord Bishop of Oxford.
- Lord Bishop of St. Asaph
- Lord Bishop of Ely.
- Lord Bishop of Peterburg.
- Lord Bishop of Litchfield and Coventry.
- Lord Wilmot.
- Lord Newburgh.
- Lord Chief Justice of the King's Bench.
- Lord Chief Justice of the Common Pleas.
Sir Edward Leech,
|Masters of Chancery.|
May 3, and 4.
Great Multitudes of People did these two Days repair to Westminster, being full of Fears and Jealousies of Plots and Designs against the Parliament; and particularly because they heard there was a Design of putting Soldiers into the Tower: And also they were apprehensive that the Earl of Strafford would Escape; and they cried out for Justice; and the following Paper was posted up of the Names of those who were supposed to favour him, by the Name of Straffordians.
A copy of the Paper posted up at the corner of the Wall of Sir. Will. Burnkard's House in the Old Palace-Yard, in Westminster.
- 1 Lord Digby.
- 2 Lord Compton.
- 3 Lord Buckburst.
- 4 Sir Rob. Hatton.
- 5 Sir Tho. Fanshaw.
- 6 Sir Edw. Alford.
- 7 Sir Nich. Slanning.
- 8 Sir Tho. Danby.
- 9 Sir Geo. Wentworth.
- 10 Sir Peter Wentworth.
- 11 Sir Fred. Cornwallis.
- 12 Sir Will. Carnaby.
- 13 Sir Rich. Win.
- 14 Sir Gervase Clifton.
- 15 Sir Will. Withrington.
- 16 Sir Will. Pennyman.
- 17 Sir Patrick Curwen.
- 18 Sir Rich. Lee.
- 19 Sir Hen. Slingsby.
- 20 Sir Will. Portman.
- 21 Mr. Gervase Hollis.
- 22 Mr. Sidney Godolphin.
- 23 Mr. Cooke.
- 24 Mr. Coventry.
- 25 Mr. Benj. Weston.
- 26 Mr. Will. Weston.
- 27 Mr. Selden.
- 28 Mr. Alford.
- 29 Mr. Lloyd.
- 30 Mr. Herbert.
- 31 Capt. Digby.
- 32 Serj. Hide.
- 33 Mr. Tailor.
- 34 Mr. Griffith.
- 35 Mr. Scowen.
- 36 Mr. Bridgeman.
- 37 Mr. Fettiplace.
- 38 Dr. Turner.
- 39 Capt. Ch. Price.
- 40 Dr. Parry, Civilian.
- 41 Mr. Arundel.
- 42 Mr. Newport.
- 43 Mr. Holborn.
- 44 Mr. Noel.
- 45 Mr. Kirton.
- 46 Mr. Pollard.
- 47 Mr. Price.
- 48 Mr. Trevannion.
- 49 Mr. Jane.
- 50 Mr. Edgecomb.
- 51 Mr. Chichely.
- 52 Mr. Mallery.
- 53 Mr. Porter.
- 54 Mr. White.
- 55 Mr. Warwick.
- 56 Sir John Strangeways.
This and more shall be done to the Enemies of Justice afore-written.
Tuesday, May 4.
The same Concourse of People continuing, the Lords desired a Conference with the Commons, which was managed by the Lord Privy-Seal, who spake to this Effect:
The Lord Privy-Seal's Speech, at a Conference about Tumults.
That the Occasion of the Conference was so visible, that he should not need to say any more of it, the Multitudes without bespake the Business and the Matter of it: That which he had to say, was by Command from the King to the Peers, to be communicated to both Houses of Parliament: That his Majesty takes Notice, That the People do assemble in such unusual Numbers, that their Counsels and Peace of the Kingdom may be thereby interrupted; and therefore as a King that loveth Peace, and taketh Care that all Proceedings in Parliament may be free, and in a peaceable Manner, he desires that these Interruptions may be removed; and wisheth both Houses to advise a Course how the same may be done.
At the same time the Lord Privy-Seal communicated to the Commons a Petition, which the Lords had the Day before receiv'd, from the Multitude of People that slocked together in the Palace-Yard; which was to this Effect:
A Petition delivered to the Lords by the People.
That whereas your Petitioners did Yesterday Petition for the Redress of many Grievances, and for the Execution of Justice upon the Earl of Strafford, and other Incendiaries, and to be secured from some dangerous Plots and Designs on Foot; to which your Lordships have this Day given Answer, That you have the same under present Consideration; your Petitioners do render humble Thanks. But forasmuch as your Petitioners understand, that the Tower of London is presently to receive a Garison of Men, not of the Hamlets (as usually they were wont to do) but consisting of other Persons, under the Command of a Captain, a great Confident of the Earl of Strafford 's, which doth increase their Fears of the sudden Destruction of the King and Kingdom, wherein your Lordships and Posterity are deeply interested; and that this is done to make a way for the Escape of the Earl of Strafford,. the grand Incendiary:
'They therefore humbly pray, That instant Course may be taken for the Discovery thereof; and that speedy Execution of Justice be done upon the Earl of Strafford.
The Lords send to examine the Lieutenant of the Tower. He confesses he had a Command to receive in 100 Men.
Whereupon the Lords sent six Peers of their House to the Tower, to understand what Truth there was in this Information; and to demand of the Lieutenant, Who chose those Men to be lodged in the Tower; whether he was privy to it himself; and what Order he had to receive them, and what Captain was to Command them ? To the two first, he said he was wholly lgnorant: And for the Third, he said he had his Majesty's Command to receive One hundred Men into the Tower; and Captain Billingsly to Command them; and to receive only such Men as he should bring unto him: But now understanding their Lordships Order, he did promise, That no other Guard should come into the Tower, unless it were the Hamlet-men. The Lords did further declare, at the Conference, That they were drawing to a Conclusion of the Bill of Attainder of the Earl of Strafsord; but were so encompassed with Multitudes of People, that their Lordships might be conceived not to be free, unless they were sent Home; whose slocking hither, was the only hindrance to the dispatching of that Bill: And therefore desired the Commons to join with their Lordships, to find out some way how this Concourse about both Houses might be avoided. And then they debated the Protestation, and passed it, and took the same.
The Tumult departs.
After that the Commons returned to their House, Dr. Burgess was desired to acquaint the Multitude with the Protestation which both Houses had taken; which being read by him, and also made known unto them, That the Parliament desired, that they would return Home to their Houses, they forthwith departed.
The said Protestation was afterwards ordered to be tendred to the whole Kingdom; with this Intimation, That whosoever refused to take it should be noted as dissaffected to the Parliament.
A Bill brought in for the continuance of the Parliament.
The Commons forthwith ordered the bringing in of a Bill, For the Continuance of this present Parliament, that it might not be dissolved without the Consent of both Houses; which was afterwards read the first and second Time, and committed.
Mr. Rouse reports the Case of John Lilburn.
- 1. Resolved, That the Sentence in the Star-Chamber given against John Lilburn, is Illegal, and against the Liberty of the Subject, and also Bloody, wicked, Cruel, and Tyrannical.
- 2. Resolved, That Reparation ought to be given to Mr. Lilburn, for his Imprisonment, Suffering, and Losses, sustained by that illegal Sentence.
Commissary Wilmot is required to acquaint the Lord-General of the King's Army, with a Letter to be sent to the King's Army.
Ordered, That Mr. Maynard do prepare a Bill concerning the taking of the Protestation by all his Majesty's Subjects throughout the Kingdom.
The Petition of divers, both Clergy and Citizens of London, was read; They are called in; the House approved of their good Affections therein expressed. And as for that Part that concerns the Protestation, gave direction to take the said Protestation.
Sir Gilbert Gerrard, and other Members, are forthwith to make Enquiry, what Papists, Priests, and Jesuits are now about Town.
This Day the Earl of Strafford writ this ensuing Letter to his Majesty.
Earl of Strafford's Letter to the King, May 4. 1641, giving his Consent to suffer.
May it please your Sacred Majesty,
It hath been my greatest Grief, in all these Troubles, to be taken as a Person which should endeavour to represent and set Things amiss between your Majesty and your People, and to give Counsels tending to the Disquiet of the three Kingdoms.
Most true it is, that (this mine own private Condition considered), it had been a great Madness, since (through your gracious Favour) I was so provided, as not to expect in any kind to mend my Fortune; or please my Mind more, than by resting where your bounteous Hands had placed me.
Nay, it is most mightily mistaken; for unto your Majesty it is well known, my poor and humble Advice concluded still in this, That your Majesty and your People could never be happy, 'till there were a right Understanding betwixt you and them; and that no other means were left to effect and settle this Happiness, but by the Counsel and Assent of your Parliament; or to prevent the growing Evils of this State, but by entirely putting your self, in this last Resort. upon the Loyalty and good Affections of your English Subjects. Yet such is my Misfortune, that this Truth sindeth little Credit; yea, the contrary seemeth generally to be believ'd; and my self reputed as one who endeavour'd to make a Separation between you and your People: Under a heavier Censure than this, I am persuaded no Gentleman can suffer.
Now I understand the Minds of Men are more and more incensed against me, notwithstanding your Majesty hath declared, That in your Princely Opinion I am not Guilty of Treason; and that you are not satisfied in your Conscience to pass the Bill.
This bringeth me in a very great streight: There is before me the Ruin of my Children and Family, hitherto untouched, in all the Branches of it, with any foul Crime: Here are before me the many Ills which may befal your sacred Person, and the whole Kingdom, should your Self and Parliament part less satisfied one with the other, than is necessary for the Preservation both of King and People. Here are before me the Things most valued, most feared by mortal Men, Life and Death.
To say, Sir, there hath not been a Strife in me, were to make me less Man than, God knoweth, my Infirmities make me; and to call a Destruction upon my self and young Children (where the Intentions of my Heart at least have been innocent of this great Offence), may be believed, will find no easy Consent from Flesh and Blood: But, with much sadness, I am come to a Resolution of that, which I take to be best becoming me, and to look upon it as that which is most principal in it self, which, doubtless, is the Prosperity of your sacred Person, and the Commonwealth; Things infinitely before any private Man's interest.
And therefore, in few Words, as I put my self wholly upon the Honour and justice of my Peers, so clearly, as to with your Majesty might please to have spared that Declaration of yours on Saturday last, and entirely to have left me to their Lordships; so now, to set you Majesty's Conscience at liberty, I do most humbly beseech your Majesty, for prevention of Evils which may happen by your Refusal, to pass this BILL; and by this means to remove (praised be God, I cannot say this accursed, but I confess) this unfortunate Thing forth of the way, towards that blessed Agreement which God, I trust, shall ever establish between you and your Subjects.
Sir, My Consent shall more acquit you herein to God, than All the World can do besides: To a Willing Man there is no Injury done; and as by God's Grace forgive all the World, with Calmness and Meekness, of infinite Contentment to my dislodging Soul; so, Sir, to you I can give the Life of the World, with all the Chearfulness imaginable, in the just Acknowledgement of your exceeding Favours; and only beg, That in your Goodness you would vouchsafe to cast your gracious Regard upon my poor, Son, and his three Sisters, lest or more, and no otherwise than as their (in present) unfortunate Father may, hereafter, appear more or less guilty of this Death. God long preserve your Majesty.
Your Majesty's most Faithful, and
Humble Subject and Servant,
Tower, May 4.
May 4. The commitee reports to the House, That Mr. Hen. Jermin, and Mr. Hen. Piercy, are fled.
This Day also the Committee appointed to joyn with the Lords for taking Examination concerning the Plot, did acquaint the House, That Six or Eight of the chief Conspirators were fled; of which, Mr. Henry Jermin, Mr. Henry Piercy, Members of the House, were two, and they were gone towards Portsmouth. Upon which Report, present information came, That the Queen was preparing to go to Portsmouth: There upon both Houses had a Conferencee, and agreed to move her Majesty to stay her Journey for the Security of her Person, her Majesty not knowing what danger the might be exposed to in those Parts: In the mean time, one Lord and two Commoners were dispatched to Portsmouth, with private Instructions to propose certain Queries to the Governor there, and to take further care for the Security of the Place and Heaven of such Importance: And they took an Oath of Secresy, as those Lords and Commons had done, who were appointed to examine the Plot.
His Majesty was desired by both Houses, to issue out a Proclamation for the calling in Mr. Piercy and Mr. Jermin, within a time limited, which was accordingly granted: And the Lords were desired by the Common to hasten the Bill of Attainder of the Earl of Strafford.
To prevent further Discontent in the Army, this Letter was sent by order to Sir Jacob Ashly, to be communicated to the Army in the North and the Author of those Collections was sent Post therewith.
Mr. Speaker's Letter to Sir Jacob Ashly, to keep a good Corrspondency between the Parliament and Army, May 4.
We have had cause to doubt, That some ill-affected Persons have endeavour'd to make a misunderstanding in the Army, of the Intentions of the Parliament towards them. To take away all misunderstanding in that King the House of Commons have commanded me to assure you, That they have taken the Affairs of the Army into their serious Care: And though for the present their Monies have not come in as they wished, and as was due, by reason of the many Directions, and other Impediments, which this House could no ways avoid yet they rest most assured, That they shall not only have their full Pay, but the House will take their Merits into their further Consideration, in regard they take notice, That notwithstanding their Want, and Endeavours of those ill affected Persons, they have not demeaned themselves otherwise, than as Men of Honour, and well-affected to the Commonwealth; which this House takes in so good part, that we have already found out a way to get Money for a good part of their Pay, and will take the most speedy Course we possibly may for the rest. So I remain
Your very loving Friend,
From my House at Charing-Cross, the Fourth of this present Month of May, 1641.
'Tis the Pleasure of the House, That this Letter be communicated to the Army, to the end their Intentions may be clearly understood by them.
Ordered, That the Members do meet, and consider in what State and Condition their respective Counties, Cities, and Boroughs are, in respect of Arms and Ammunition; and in what Condition for Deputy Lieutenants, whether they be well affected in Religion, and to the publick Peace: And what Arms there are, that they may be supplied; and what Forts and Castles, and who are the Governors of them.
A Report made to the House, that this Plot consists of three Heads, &c.; The Earl of Strafford expostulates with the Lieutenant of the Tower, for his escape, attested upon Oath.
The House having been alarmed with the Apprehensions of some Plots or Designs on Foot, and having appointed a Committee to enquire into the same, they this Day made their Report to the House, That this Plot consisteth of three Heads: The first was, the Design upon the Tower. the second, to engage the Army. The third, to bring in foreign Forces. For the Tower, it appeared to be thus: Captain Billing sly being examined upon Oath, confessed, That he was acquainted with Sir John Suckling: That the said Sir John lately offered him Employment in one of the King's Ships then at Portsmouth; afterwards, Employment for Portugal: That this Deponent having notice to meet at the Privy Lodgings at Whitehall, did there receive Orders to get an Hundred Men to serve in the Tower under him; and if he did fail, he should answer it with his Life. And afterwards meeting with Sir John Suckling, and acquainting him therewith he told him he would furnish him with the said Number. Sir William Belfore, Lieutenant of the Tower, being examined, said, That he had Command to receive Captain Billingsly, with an Hundred Men, into the Tower, who should be under his Command: That the Earl of Strafford at that time, expostulating with him about his Escape, told him, He would attempt nothing in that kind without his privity; and that he should have the King's Warrant for his Indemnity; and that the Warrant should be to command him to remove the Earl of Strafford, from the Tower to some other Castle; and he would then take his Opportunity to escape: That the Lieutenant of the Tower not giving any complying Answer thereunto, the said Earl sent again to intreat him to come to him, and would have persuaded him to let him make an Escape; saying, Without your Concurrence it cannot be done; and if you will consent thereunto, I will make you present Payment of Twenty-two Thousand Pounds; besides, you shall have a good Marriage for your Son. To which the Lieutenant of the Tower replied, He was so far from concurring therein, that he was not to be farther moved in such a Thing. Thus much the Lieutenant of the Tower delivered upon his Oath.
Col. Goring's Examination about the Plot.
Colonel Goring, upon his Examination in the House of Commons, did confess, That Sir John Suckling was the first Person that ever made any Overture unto him, concerning the Army's marching towards London: Afterwards, being in the Queen's Lodgings, he met with Mr. H.P. which was about the beginning or middle of Lent last, and Mr. P. told him, There was a Consultation of Officers to be had, concerning the good of the Army; and desired him to go along with him to his Chamber, where the Meeting was to be: There were present at the same Meeting, Commissary Wilmot, Colonel Ashburnham, Captain Pollard, Sir John Berkly, Daniel O Neal, Mr. Jermin, and himself: That Mr. P. said, There were Propositions to be made, which were of great Concernment; and that it was necessary there should be an Oath of Secresy taken before any Thing was propounded: That the Oath should be to this Purpose: That we should neither directly not indirectly discover any part of the Consultation, not ever to think our selves dissolved from that Oath, by any other Oath which might be imposed upon us hereafter. Which Oath was read out of a Paper, when it was tendred unto them; and thereupon they were sworn, by laying their Hands upon the Bible: That he and Jermin were sworn together; for the rest had taken the Oath before.
Then three Propositions were made unto them, being the same in Substance expressed in Mr. P.'s Letter.
He farther said, That the whole Number there met, were of Opinion, That the Army should not march towards London, 'till a Declaration had been first sent up to the Parliament: That he the said Goring answered, It was a nice Point to interpose in the Proceeding of the Parliament; and did propound some Difficulties to allay the Business, to divert Commissary Wilmot, and those other Persons, from so dangerous a Business: And said, That he did think it was a design of Folly to undertake it; for they must think the Scots would take the Advantage upon the Army's removal Southwards, whose Correspondency was so great with the City; and for them to begin to shew their Teeth, and not be able to bite, would argue little Prudence; that they should either undertake it so as to go through with it, or let it alone: That he did ask them what Ammunition they had to accommodate so great an Army; and whether they could command the Ammunition in the Tower: That Wilmot, Pollard, and Ashburnham, then made Answer: They had no purpose to go to London; for to surprize the Tower, was to conquer the Kingdom: That this, among other Passages, was part of the Discourse at the first Meeting.
That shortly after, there was another Meeting of the same Persons, and in the same Place, in Mr. Piercy's Chamber; where there were Propositions of another Nature, desperate and impious on the one Hand, and foolish on the other; and that he endeavoured by Argument to divert them, by propounding an Impossibility to effect the same: For how could the Army, lodged in several Quarters, unpaid, and at such a distance, march on a sudden to London, and surprize what they had in Design?
That Mr. Jermin was the Person that first proposed the marching of the Army towards London: That for his part he declared himself absolutely against it. That Mr. Jermin replied to him in private, You do not dislike the Design; for you are as ready for any wild, mad Undertaking, as any Man I know; but you dislike the Temper of those Persons who are engaged in the Business.
He did further confess, That he propounded that Suckling might be admitted to the Consultation; but Wilmot, Ashburnham, and Pollard, would not hear of it. And they three did then declare themselves against the Army's marching towards London.
Then he took occasion to say, That he did acquaint some Members of both Houses, whom he could name, that there were some of the Army whom they did not think so well of, were more faithful and serviceable to the Parliament, than they were aware of, which time would produce; and named them: And they did accordingly give Testimony of his Integrity, so far as general Terms could discover the Design. He confessed, That Mr. Jermin did make some Offers unto him, to relinquish the Government of Portsmouth, upon some Terms of Advantage: But he said, He did not conclude any Thing; for he would first see the Performance of what was offered; so had no further Discourse with him concerning that Business. But he doth believe, that Suckling and Jermin did confer together about the Design. He said they did desire his Opinion about a General: Some were for Essex, some for Holland; but he, with Jermin, were for Newcastle.
Being again examined upon his Oath, before the Committee of Lords and Commons, and pressed more particularly to answer Questions not before proposed unto him, he did confess, That meeting with Mr. Jermin in the Queen's withdrawing Chamber, her Majesty came and told him, the King would speak with him; and meeting with his Majesty, he told him, He was minded to set his Army in a good Posture, being advised thereto by the Earl of Bristol (as he said;) and his Majesty then commanded him to join with Mr. Peircy and some others in that Business.
As for the Designs from beyond the Seas, the Committee did make Report to the House, That it was cleared unto them, that Jermin endeavoured to have got the Possession of Portsmouth; That the King of France had drawn down great Forces to the Sea-side; That the Governor of Calice had examined some Englishmen, whether the Earl of Strafford's Head was cut off? And this was, in point of Time, the First of May, according to the English Stile; and Sir Philip Cartwright, Governor of Guernsey, wrote Letters also, which came in great Haste, That he understood the French had a Design upon that Island, or some part of England. It also appeared to the Committee, by divers of the Letters which were opened coming from beyond Sea, that they expected the Earl of Strafford there; and that they hoped the Horse-Leeches should be starved for want of Blood; And in some of those Letters there was Advice to the Cardinal to bestir himself betimes, to interrupt the heighth of the Proceedings here in England. Also Examination of some Priests were taken in Lancashire, and sent up to London, which were there taken the Third of May, which did testify, That the Priests did say, the Parliament should be suddenly Dissolved: for the Army was to march up thither with all speed, and they would be seconded by Forces out of France; and that Montague did write out of France to Mr. Peircy (which was also intercepted,) That if he did perform what he had undertaken, he would be made a Knight of the Garter.
Mr. Peircy, after his Flight, writ a Letter to the Earl of Northumberland, discovering what he knew concerning the Plot; which though it came in time, after Colonel Goring's Examination, it is now mentioned, for the fuller Satisfaction of the Reader. The Letter followeth in these Words.
Mr. Henry Peircy's Letter to the Earl of Northumberland, read in both Houses of Parliament.
Mr. Hen. Peircy's Letter.
What with my own Innocency, and the Violence I hear is against me, I find my self much distracted. I will not ask your Counsel, because it may bring prejudice upon you; but I will with all Faithfulness, and Truth, tell you what my Part hath been, that at least it may be declared by you, whatsoever becomes of me.
When there was 50000 l. ready, designed by the Parliament, for the English Army, there was, as I take it, a sudden Demand by the Scots at the same Time of 25000l. of which there was 15000l. ready; this they pressed with such Necessity, as the Parliament after an Order made, did think it sit for them to, reduct 10000l. out of the 50000 l. formerly granted: Upon which, the Soldiers in our House, were much scandalized; amongst which I was one, and fitting, by Wilmot and Ashburnham, Wilmot stood up, and told them, If that the Scots could thus procure Money, he doubted not but the Officers of the English Army might easily do the like. But the first Order was reversed not with standing, and 10000l. given to the Scots. This was the Cause of many Discourses of Dislike amongst us, and came to this purpose, That they were disobliged, by the Parliament, and not by the King: This being said often to one another, we did resolve, Wilmot, Ashburnham, Pollard, O Neal, and my self, to make some Expressions of serving the King in all Things he would Command us, that were Honourable for him and us; being likewise agreeing to the Fundamental Laws of the Kingdom, that so far we would live and die with him; his was agreed upon with us, not having any Communication with others, that I am coupled now withal: And further, by their joint Consent, I was to tell his Majesty thus much from them; but withal, I was to order the Matter so as the King might apprehend this as a great Service done unto him at this Time, when his Affairs were in so ill a Condition, and they were most Confident, That they would engage the whole Army thus far; but further they would undertake nothing because they would neither infringe the Liberties of the Subjects, not destroy the Laws; to which I and every one consented; and having their Sense, I drew the Heads up in a Paper, which they all approved when I read it; and then we did, by an Oath, promise one another to be Constant and Secret in all this, and did all of us take that Oath together: Then I said, Well, Sirs, I must now be informed what your particular Desires are, that so I may be the better able to serve you; which they were pleased to do; and so I did very faithfully serve them therein as far as I could. This is the Truth, and all the Truth upon my Soul, in particular Discourses.
After that, we did fall upon the Petitioning to the King and Parliament for Moneys, there being so great Arrears due to us, and so much delays made in the procuring of them; but that was never done.
- 1. Concerning the Bishops Functions and Votes.
- 2. The not disbanding of the Irish Army, until the Scots were disbanded too.
- 3. The endeavouring to settle his Majesty's Revenue to that Proportion it was formerly.
And it was resolved by us all, if the King should require our Assistance in those Things that as far as we could, we might contribute thereunto, without breaking the Laws of the Kingdom; and in Case the King should be denyed these Things being put to them, we would not fly from him: All these Persons did act and concur in this as well as I. This being all imparted to the King by me from them, I perceived he had been treated with by others concerning some Things of our Army; which agreed not with what was purposed by me, but inclined a way more sharp and high, not having Limits either of Honour or Law. I told the King, he might be pleas'd to consider with himself, which way it was fit for him to hearken unto; for us, we were resolved not to do part from our Grounds; we should not be displeased, whosoever they were; but the particular of the Designs, of the Persons we desired not to know though it was no hard Matter to guess at them. In the end, I believe the Danger of the one, the Justice of the other, made the King tell me, he would leave all Thoughts of other Propositions, but ours, as Things not practicable; but desired, notwithstanding that Goring and Jermyn, who were acquainted with the other Proceedings, should be admitted amongst us: I told him, I thought the other Gentry would never Consent to it, but I would propose it, which I did, and we were all much against it: But the King did press it so much, as at the last it was consented unto; and Goring and Jermyn came to my Chamber; there I was appointed to tell them, after they had sworn to Secrecy, what we had proposed; which I did. But before I go into the Debate of the way, I must tell you, Jermyn and Goring were very earnest Suckling should be admitted; which we did all decline, and I was desired by all our Men to be resolute in it, which I was, and gave many Reasons: Whereupon Mr. Goring made Answer, he was engaged with Mr. Suckling his being employ's in the Army; but for his meeting with us, they were contented to pass it by: Then we took up again the ways which were proposed; which took great Debate, and theirs differed from ours in Violence and Heat; which we all protested against, and parted, disagreeing totally, yet remitted it to be spoken of by me and Jermyn to the King, which we both did; and the King, constant to his former Resolutions, told him, these Ways were all Vain and Foolish, and he would think of them no more. I omit one Thing of Mr. Goring, he desired to know how the Chief Commanders were to be disposed of; for if he had not a Condition worthy of him, he would not go along with us. We made Answer, that no body thought of that; we intended, if we were sent down, to go all in the same Capacity we were in. He did not like that by any Means, and by that did work so with Mr. Chidley, that there was a Letter sent by some of the Commanders to make him Lieutenant-General: And when he had ordered this at London, and Mr. Chidley had his Instructions, then did he go to Portsmouth, pretending to be absent when this was working; we all desired my Lords of Essex and Holland; but they said, If there were a General, they were for New-Castle: They were pleased to give Report, That I should be General of the Horse. But I protest, neither to the King, or any else, did I ever so much as think of it. My Lord of Holland was made General, and so all Things were laid aside: And this is the Truth, and all the Truth I know of these Proceedings: And this I will and do protest unto you upon my Faith. And Wilmot, Ashburnham, and O Neal, have at several Times confess'd and sworn, I never said any Thing in the Business, which they did not every one agree unto and justify. This Relation I send you rather to inform you of the Truth of the Matter, that you may the better know how to do me good; but I should think my self very unhappy to be made a Betrayer of any Body. What concerned the Tower or any thing else, I never meddled withal, not ever spake with Goring but that Night before them all, and I said nothing but what was consented unto by every Party; I never spake one word with Suckling, Carnarvan, Davenant, or any other Creature. Methinks, if my Friends and Kindred knew the Truth and Justice of the Matter, it were no hard Matter to serve me in some Measure.
Here was also at this time Imparted to the House of Commons, a Letter intercepted, going from Father Philips (the Queen's Confessor) to Mr. Montague in France; which was as followeth.
Father Philips, the Queen's Confessor, his Letter to Mr. Walter Montague in France.
Father Phillips's Letter.
The good King and Queen are left very naked; the Puritans, if they durst, would pull the good Queen in Pieces. Can the good King of France suffer a Daughter of France, his Sister, and her Children, to be thus affronted ? Can the wise Cardinal endure England and Scotland to unite, and not be able to discern ? In the end it is like they will join together and turn Head against France: A stirring active Ambassador night do good here. I have sent you a Copy of the King's Speech on Saturday last; at which time he discharged his Conscience concerning the Earl of Strafford, and was advised to make that Speech, by the Earl of Bristol, and the Lord Savile.
This Speech did much operate to the disadvantage of the Earl of Strafford, for the Commons were thereby much incens'd and inflamed against him; and this brought forth, the next Day, being Monday, a Protestation, which was taken in both Houses of Parliament, of the same Nature, but rather worse than the Scottish Covenant.
The Londoners, who are very boysterous, came upon Monday, Five or six Thousand, and were so rude, that they would not suffer the Lords to come and go quietly and peaceably to their Houses; but threatned them, that if they had not Justice, and if they had not his Life, it should go hard for all those that stood for him, following them up and down, and calling for Justice, Justice, Justice.
There was in the House of Commons Fifty Six that denied to pass the Earl of Strafford's Bill; their Names were taken, and they were fixed upon Posts, in divers Parts in London; and there was written over Head, These are Straffordians, the Betrayers of their Country.
By this means it came to pass, that the Lords and Judges were much affrighted; and the most of his Friends in the Lords House forsook him; all the Popish Lords did absent themselves; the Lords of Holland and Hertford were absent, so was Bristol and others; Savile and the Duke only stuck close and faithfully to him, and some few other Lords. God knows he King is much dejected, the Lords much affrighted; which made the Citizens and the House of Commons shew their Heads; some have braved little less than to unthrone his Majesty, who, it he had but an ordinary Spirit, might easily quash and Suppress these People. Our good Queen is much afflicted; and in my Conscience, the Puritans, if they durst, would tear her in Pieces. This cannot be for the Honour of France to endure a Daughter of that Nation, and her children, should be this oppressed and affronted.
The Earl of Holland is made General of the Army, whither he is gone down: The Earl of Newport, Master of the Ordnance. Balfore the Lieutenant of the Tower, hath proved an arrant Traytor to the King, who commanded him upon his Allegiance, to receive a Captain and an Hundred Men into the Tower, which he most trayterously refused to do.
There was a Report in London, That the Parliament House was a Fire whereupon there were many Thousands of people very suddenly gathered together, whereby you may easily perceive the Height and Violence of the peoples Affections. May 6. Anno Dom. 1641.
There was another Letter also produced, and that was sent from one Phillips, another of the Queen's Priests, intended, as is supposed, for Mr. Montague, to this Effect, 'You may expect some Company with you e're long; Crosts, Suckling, Peircy, Jermin, are gone; all things are in great uncertainties; a Protestation is made and taken by both House much like, but much worse, than the Scottish covenant. I sent you some Money by Mr. Jermyn; but now that he is gone, I make some doubt whether he might be mindful of you to take it with him. I have spoken to the Queen about your Occasions, and will do what I can tho' I am able to undertake much.
Your Loving Friend,
The House of Commons having debated of the Matter of the said Design, relating to inveigling the Army, and the Nature of the Crime passed the following Votes, viz.
Several Votes against Mr. Piercy about the plot. may 6.
Resolved, That Mr. Henry Piercy in the Months of March and April last, in the Parish of St. Martins in the Country of Middlesex, did compass, Plot, and Conspire with others, to draw the Army together, and employ the same against the Parliament, and by force and dread thereof to compel the Parliament to agree to certain Proposition by them contrived, and to hinder and interrupt the Proceedings of the Parliament The like Resolution in the same Words, concerning Mr. Jermin and Sir John Suckling.
Resolved, That in pursuance of the said Design, the said Henry Piercy by the Plot and combination aforesaid, did endeavour to persuade diver Members of the House of Commons of the Said Parliament and other being Officers of the said Army, that is to say, Wilmot, Ashburnham, Berkley, Pollard, and Daniel O Neal, that they were disobliged by the Parliament; thereby to incense them, and to affect them against the Parliament, and did hold divers Consultation with the said Parties, to effect the said wicked and dangerous Design; and to that purpose, did set down in Writing, certain Propositions, to the effect as followeth, viz. The preserving of Bishops in their Functions and Votes; The not disbanding of the Irish Army, until the Scots were disbanded; And the endeavouring to settle the King's Revenue to the Proportion it was formerly.
Resolved, That the said Henry Piercy did, in pursuance of the Plot and Combination aforesaid, and for the more secret Carriage thereof, administer to the said Parties a wicked and unlawful Oath; whereby they did swear upon the Holy Evangelists not to reveal any Thing that was spoken concerning the Business, that was in Consulation, directly, or indirectly, nor to think themselves absolved by any other Oath that should be after taken by them, from the Secresy enjoin'd by he said Oath.
Resolved, That the said Hen. Piercy, at the time the said Oath was taken, and at divers other times, did propound and endeavour to persuade the Persons before-named, and other Officers of the said Army, to put the said Army into a Warlike Posture, and to bring them up to London; and likewise to make themselves sure of the Tower, and so by force to compel the Parliament to conform to their Will: And he, with Suckling, &c. did endeavour to work a Belief in the said Army, That the King and Parliament would disagree; and so to persuade them to adhere to his Majesty against the Parliament; and said, That all the French about the City of London would assist them; and, to the great Scandal of the King, That the Prince and the Earl of Newcastle were to meet the Army at Nottingham, with a Thousand Horse; and that Suckling, to compass the Design of gaining the Tower, did contrive, that an Hundred Men, under Captain Billingsly should be designed for that Purpose, when the Opportunity was offered, to the end the City of London should not be able to make any Resistance, when the said Army should come up, according to the fore mentioned Design; and Suckling, by the Means and lot aforesaid did thereby endeavour, that the Earl of Strafford, then Prisoner in the Tower, might the better compass his Escape.
May 6. Bill for securing Religion.
A Bill for the Security of the true Religion, the Safety and Honour of his Majesty's Person, the just Rights of the Subject, and the better discovery and Punishment of Popish Recusants, was read the first and second time, and committed.
A Bill for continuing this Parliament first read; Powder stopt; The Earl of Bristol to be none of the Commissioners for assessing Subsidies.
Bill for the continuance of this present Parliament, read the first and second time, and committed.
That there may be stay of the 1500 Barrels of Gunpowder that are how shipt, to be sent to Portsmouth.
Resolved, That John Earl of Bristol shall be left out of the Names for Commissioners among the Lords, for Assessing of Subsidies, &c. and the Earl of Stamford put in his Place.
Mr. Sollicitor Reports the Bill, Entituled, An Act for the Continuance of his present Parliament, with the Amendments; which were assented unto, and the Bill order'd to be engross'd.
An Act for the further Relief of the King's Army.
Friday, May 7. 1641. Papists.
The Lord Mayor to bring in a List of all Papists about London, on Monday next, and that all Papists be suddenly disarmed; and a Letter sent into Ireland for the disbanding of the Irish Army.
The Continuance Bill sent to the Lords.
An Act to prevent Inconveniences that may happen by the untimely Adjourning, Proroguing, and Dissolving this present Parliament, passed the third time, and sent up to the Lords.
That Informations are come of some Forces in Picardy, to be transported into England, and probably to Portsmouth.
Ordered, That some Forces be drawn out of Wiltshire, and Barkshire, for the securing of Portsmouth: That Sir John Hotham, and Sir Hugh Cholmley, do go into the North with all speed; and Sir Philip Stapleton, and Sir John Clotworthy to Portsmouth.
That care be had of Kent, and to press Men to serve in the King's Ships, and a Bill prepared to that Purpose.
That a Bill be prepared to restrain the increase of Buildings in and about London and Westminster, notwithstanding any License or Grant; and to consider whether these new Buildings be a Nuisance.
That the House be presently turned into a Grand Committee for the raising of 400000l. and all their Discourse shall be applied to that Purpose.
Queen desired not to go to Portsmouth.
Ordered, That the Lords be desired to move her Majesty to forbear her Journey to Portsmouth, to the end her Person may be here secure not knowing what Danger her Royal Person may be in, if she go thither.
That his Majesty be desired to cause all the Ports to be stopt, that some Provision be made for the Safety of the Kingdom, that this Plot may be discovered, and some Course taken to satisfy the Army that hath been endeavoured to have been seduced; and to declare, that such Officers as shall discover any Thing in this Case shall be well esteemed of.
Portsmouth to be seared.
Ordered, That One Lord, and Two Commoners be instantly sent to Portsmouth, there being some French Forces drawn to the Sea-side; and if they find cause of Jealousy to suspect the Governor, forthwith to command him to come to the Parliament, and one of the Commissioners to come up with him.
That Provisions be made for the Isles of Jersey and Guernsey; and the both Houses joyn in a Letter to the Army, that they may see that there is good Correspondency between us and the Commanders of the Army, to give satisfaction to the Army, and to think of some fit way how the bottom of this Plot may be discovered.
Ordered, That the 50000l. borrow'd by the Lords of the Great Council of York, of the Citizens of the City of London, for a Supply of his Majesty's Army in the North, shall be taken into consideration for the Repayment thereof by this House.
The Lords declare at a Conference, that the Lord Mandevil is gone down with a Commission to Portsmouth. That a Proclamation shall go forth to Day, that the Lord Admiral will take care, that the Ships designed for Portsmouth, shall be well fitted and manned with Trusty Men.
The Bill of Attainder of the Earl of Strafford passed in the Lords House.
A Message from the Lords by Judge Forster, and Judge Heath, That the Bill of Attainder of the Earl of Strafford is passed in the Lords House, without any Alteration.
Ordered, That the Cessation of Arms do continue a Fortnight longer, That the House shall consider and Treat of no Business whatsoever, but the settling of the Peace of the Kingdom, providing of Moneys, and proceeding against Incendiaries and Delinquents, till these Businesses are brought to some Conclusion.
To prevent further Discontents in the Army, another Letter was this Day sent from the Commons, with the Consent and Concurrence of the Lords, to Sir Jacob Asbley, and Sir John Conyer 's to be communicated to the Army in the North.
A Letter from both Houses, inviting Commanders in the Army to make a full Discovery of the Plot, May 8.
Whereas there hath been just Cause of Jealousy, that there hath been some secret Attempt and Practices, to infuse into the Army a Mistake of this Parliament to some dangerous Intent and Purpose against this State; and that now the Matter is grown to strong Presumption upon further Discoveries; and by reason that some of those which were suspected to have been active therein, are fled upon the first stirring thereof, before they were once named. It pleaseth this House to declare, That notwithstanding they intend to search into the Bottom of this Conspiracy, yet purposing to proceed especially against the principal Actors therein, this House hath resolved, whereunto the House of Peers hath likewise consented, that for such of the Army as the Conspirators have endeavoured to work upon, if they will testify therein, they shall not only be free from all Punishment, but also shall be esteemed to have done that which is for the Service of the State, in the discovering so dangerous a Plot: And for such of the Army as are and shall be found no ways tainted with the Design, or knowing any Thing thereof, shall make such Discovery as aforesaid, as this House shall no ways doubt of their Loyalty and Fidelity, so it will have a special Care, not only to satisfy all such Arrears as this House hath formerly promised to discharge, but also give a fair Testimony of the Sense they have of their present and past Wants. And it is ordered by this House. That immediately after the Receipt hereof, you shall communicate this their Declaration unto all the Officers and Members of the Army under your Command.
Mr. Hotham sent with a Message to speed the Bill of the Earl of Straffords Attainder, May 8.
Mr. Hotham was sent with a Message to the House of Lords, to desire their Lordships to joyn with them, to move his Majesty for his Consent to the Bill of Attainder, in regard the Peace of the Kingdom doth so much depend upon the execution of that Bill, which had passed both Houses; and accordingly a certain Number of the House of Peers were sent unto his Majesty, to acquaint him therewith; and also with the Bill for the continuance of this present Parliament.
A Bill for pressing.
The House being informed, that Ships were ready to be put to Sea, but that Mariners could not be got; it was the same Day resolved, That a Bill should be drawn to enable the pressing of Mariners for a certain time, the House being very tender of bringing the way of Pressing into Example.
By the King,
A Proclamation commanding Henry Peircy, Esq; Henry Jermin, Esq; Sir John Suckling, Knt. William Davenant, and Captain Billingsly, to render themselves within ten Days.
Whereas Henry Peircy, Esq; Henry Jermin, Esq: Sir John Suckling, kt. William Davenant, and Captain Billingsly, being by Order of the Lords in Parliament to be examined, concerning Designs of great Danger to the State, and mischievous Wars to prevent the happy Success and Conclusion of this Parliament, have so absented and withdrawn themselves, as they cannot be examined; His Majesty, by the Advice of the fair Lords in Parliament, doth strictly charge and command the said Henry Peircy, Henry Jermin, Sir John Suckling, William Davenant, and Captain Billingsly, to appear before the said Lords in Parliament at Westminster, within ten Days after the Date hereof, upon pain to incur and undergo such forfeitures and Punishments as the said Lords shall order and inflict upon them.
Given at his Majesty's Court at Whitehall, the Eighth Day of May, in the Seventeenth Year of his Majesty's Reign.
GOD SAVE THE KING.
May 9. The King calls his Privy-Council to meet on Sunday; also some Bishops and Judges.
Sunday the Ninth of May, the King called his Privy-Council together at Whitehall, and propounded several Scruples unto them, concerning the Bill of Attainder of the Earl of Strafford. Some of the Judges and Bishops were present also, to whom his Majesty imparted his Doubts, and had their Opinions therein. In fine, his Majesty gave Order for a Commission, to impower the Earl of Arundel, the Lord Privy-Seal, and two other Lords, to give his Assent to the Bill, for the Execution of the Earl of Strafford; as also to the other Bill for the Continuance of this present Parliament.
May 10. The Commission passed.
The Commission passed under the Great Seal, for giving the Royal Assent to the Bill for the Execution of the Earl of Strafford; and the Commons were sent for to the House of Lords, to be present at the giving of the Royal Assent to the said Bill.
But Mr. Maxwell, Gentleman Usher of the House of Lords, coming into the House without knocking at the Door, and before he was called, without the Black Rod in his Hand, Exceptions were taken to both whereupon he withdrew, and afterwards came again with the Black Rod, and did signify to the House, That his Majesty's Assent to the Bill of Attainder was now to be given by Commission; and that the Lords did expect Mr. Speaker, and the House of Commons, to come up.
Mr. Treasurer delivered a Message from the King, That his Majesty has already given Direction to prepare a Patent to make the Lord Salisbury Lieutenant for Dorsetshire (the Lord Cottington having offered to surrender up his Patent) saying further, By this you may see how ready his Majesty is to satisfy all our just Requests, and is resolved to repose himself upon the Affections of his People.
The Royal Assent to the Bill for the Earl of Strafford, and that for continuing the Parliament.
Mr. Treasurer is appointed to return Thanks to his Majesty.
The Bill of Attainder of the Earl of Strafford, and the Bill for preventing Inconveniencies, by the untimely Adjourning, Proroguing, or Dissolving this present Parliament, were both passed, the Royal Assent being thereto given by the Commissioners aforesaid.
The Bill of Attainder of Thomas Earl of Strafford, May 11.
Whereas the Knights, Citizens, and Burgesses of the House of Commons in this present Parliament assembled, have, in the Name of themselves, and of all the Commons of England, impeached Thomas Earl of Strafford of High Treason, for endeavouring to subvert the ancient and fundamental Laws and Government of his Majesty's Realms of England and Ireland, and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms, and for exercising a Tyrannous and Exorbitant Power over, and against the Laws of the Kingdom, and the Liberties, Estates, and Lives of his Majesty's Subjects; and likewise having by his own Authority commanded the Laying and Assessing of Soldiers upon his Majesty's Subjects in Ireland, against their Consents, to compel them to obey his unlawful Summons and Orders, made upon Paper-Petitions, in Causes between Party and Party, which accordingly was executed upon divers of his Majesty's Subjects, in a Warlike Manner, within the said Realm of Ireland; and in so doing, did levy War against the King's Majesty and his Leige-People in that Kingdom: And also for that he, upon the unhappy Dissolution of the last Parliament, did slander the House of Commons to his Majesty; and did counsel and advise his Majesty, That he was loose and absolved from the Rule of Government; and that he had an Army in Ireland, by which he might reduce this Kingdom; for which he deserves to undergo the Pains and Forfeitures of High Treason.
And the said Earl hath been an Incendiary of the Wars between the two Kingdoms of England and Scotland: All which Offences, have been sufficiently proved against the said Earl upon his Impeachment.
Be it therefore enacted by the King's most excellent Majesty, and by the Lords and Commons in this present Parliament as assembled, and by the Authority of the same. That the said Earl of Strafford, for the heinous Crimes and Offences aforesaid, stand, and be adjudged and attainted of High Treason, and shall suffer such pain of Death, and incur the Forfeitures of his Goods and Chattels, Lands, Tenements, and Hereditaments of and Estate of Freehold of Inheritance, in the said Kingdoms of England and Ireland, which the said Earl, or any other to his Use, or in Trust for him, have, or had, the Day of the first Sitting of this Parliament, or at any time since.
This Proviso hath occasioned the common Discourse and Opinion, That this Judgment against the Earl was enacted never to be drawn into Precedent in Parliament; whereas it expressly respects only Judges in inferiour Courts.
Provided, That no Judge or Judges, Justice or Justices whatsoever, shall adjudge or interpret any Act or Thing to be Treason, nor hear or determine any Treason, in any other manner than be or they should, or ought to have done before the making of this Act, and as if this Act had never been had or made. Saving always unto all and singular Persons, Bodies Politick and Corporate, their Heirs and Successors, others than the said Earl and his Heirs, and such as Claim from, by or under him, all such Right, Title and Interest, of, in, and to all and singular such of the Lands, Tenements, and Hereditaments, as he, they, or any of them had before the first Day of this present Parliament, any thing herein contained to the contrary not withstanding,
Provided, that the passing of this present Act, or his Majesty's Assent thereunto, shall not be any Determination of this present Sessions of Parliament; but that this present Sessions of Parliament, and all Bills and Matters whatsoever depending in Parliament, and not fully enacted or determined, and all Statutes and Acts of Parliaments, which have their Continuance until the end of this present Sessions of Parliament, shall remain, continue, and be in full Force, as if this Act had not been.
The other Act then passed, was as followeth.
Anno 17. Caroli Regis.
An Act to prevent Inconveniencies which may happen by the untimely Adjourning, Proroguing, or Dissolving this present Parliament.
An Act for Continuance of the Parliament.
Whereas great Sums of Money must of necessity be speedily advanced and provided for the Relief of his Majesty's Army and People in the Northern parts of this Realm, and for preventing the imminent Danger it is in, and for supply of other his Majesty's present and urgent Occasions, which cannot be so timely effected as is requisite, without Credit for raising the said Moneys; which Credit cannot be obtained, until such Obstacles be first removed, as are occasioned by Fears, Jealousies, and Apprehensions of divers his Majesty's Loyal Subjects, that this present Parliament, may be Adjourned, Prorogued, or Dissolved, before Justice shall be duly executed upon Delinquents, publick Grievances redressed, a firm Peace between the two Nations of England and Scotland concluded, and before sufficient Provision be made for the Re-payment of the said Moneys so to be raised: All which, the Commons in this present Parliament assembled, having duly considered, do therefore most humbly beseech your Majesty, that it may be declared and enacted.
And be it declared and enacted by the King our Sovereign Lord, with the Assent of the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That this present Parliament now assembled, shall not be dissolved, unless it be by Act of Parliament to be passed for that purpose; nor shall be, at any time or times, during the continuance thereof, prorogued or adjourned, unless it be by Act of Parliament to be likewise passed for that purpose: And that the House of Peers shall not at any time or times, during this present Parliament, be adjourned, unless it be by themselves, or by their own Order: And in like manner, That the House of Commons shall not, at any time or times, during this present Parliament, be adjourned, unless it be by themselves, or by their own Order: And that all and every thing or things whatsoever done, or to be done for the adjournment, proroguing, or dissolving of this present Parliament, contrary to this Act, shall be utterly void, and of none effect.
The Earl of Strafford presented the following Petition to the House of Lords.
To the Right Honourable the Lords Spiritual and Temporal, in this present Parliament assembled;
The Humble Petition of Thomas late Earl of Strafford,
The Earl of Strafford's Petition to the House of Peers, May 10.
'That seeing it is the good Will and Pleasure of GOD, that your Petitioner is now shortly to pay that Duty which we all owe to our frail Nature, he shall in all Christian Patience and Charity, conform and submit himself to your Justice, in a comfortable Assurance of the great Hope laid up for us, in the Mercy and Merits of our Saviour, Blessed for ever.
'Only he humbly craves leave to return your Lordships most humble Thanks, for your Noble Compassion towards those Innocent Children, whom now, with his last Blessing, he must commit to the Protection of Almighty GOD, beseeching your Lordships to finish his pious Intentions towards them; and desiring that the Reward thereof may be fulfilled in you, by HIM that is able to give above all we are able to ask or think, wherein I trust the Honourable House of Commons will afford their Christian Assistance.
'And so beseeching your Lordships charitably to forgive all his Omissions and Infirmities, he doth very heartily and truly recommend your Lordships to the Mercies of our Heavenly Father, and that for His Goodness he may perfect you in every good Work. Amen.
His Majesty's Letter to the Lords, on the behalf of the Earl of Strasford, sent by the Prince.
I Did Yesterday satisfy the Justice of the Kingdom, by passing the Bill of Attainder against the Earl of Strafford; but Mercy being as inherent and inseparable to a King as Justice, I desire at this time, in some Measure, to shew that likewise, by suffering that unfortunate Man to fulfil the natural Course of his Life in a close Imprisonment; yet so, that if ever he make the least Offer to escape, or offer directly or indirectly to meddle in any fort of publick Business; especially with me, either by Message or Letter, it shall cost him his Life without further Process. This, if it may be done without the Discontentment of my People, will be an unspeakable Contentment to me.
To which end, as in the first place, I by this Letter do earnestly desire your Approbation; and to endear it the more, have chosen him to carry it, that of all your House is most dear to me: So, I desire, that by a Conference you will endeavour to give the House of Commons Contentment: Likewise assuring you, that the excuse of Mercy is no more pleasing to me, than to see both Houses of Parliament consent for my sake, that I should moderate the Severity of the Law, in so important a Case.
I will not say that your complying with me, in this my intended Mercy, shall make me more willing, but certainly it will make me more chearful in granting your just Grievances. But if no less than his Life can satisfy my People, I must say, Fiat Justitia. Thus again recommending the Consideration of my Intentions to you, I rest
Your Unalterable and
Whitehall, May 11.
P. S. If he must die, it were Charity to Reprieve him 'till Saturday.
This Letter, all written with the King's own Hand, the Peers this Day received in Parliament, delivered by the Hand of the Prince. It was twice read in the House; and after Serious and SAD Consideration, the House resolved presently to send Twelve of the Peers, Messengers to the King; humbly to signify, that neither of the two Intentions expressed in the Letter, could with Duty in them, or without Danger to himself, his dearest Consort, the Queen, and all the young Princes, their Children, possibly be advised: with all which being done accordingly, and the Reasons shew'd to his Majesty, he suffered no more Words to come from them, but out of the fulness of his Heart to the observance of Justice, and for the Contentment of his People, told them, That what he intended by his Letter was with an (if) If it may be done without discontentment of my People; if that cannot be, I say again the same that writ, fiat justitia. My other Intention proceeding out of Charity for a few Days respite, was upon certain Information that his Estate was so distracted, that it necessarily required some few Days for Settlement thereof.
Whereunto the Lords answered, Their purpose was to be Suitors to his Majesty for Favour to be shew'd to his innocent Children; and if himself had made any Provision for them, that the same might hold.
This was well-liking to his Majesty, who thereupon departed from the Lords. At his Majesty's parting they offered up into his Hands the Letter it self which he had sent; but he was pleased to say, My Lords, What I have written to you, I shall be content it be Registred by you in your House. In it you see my Mind, I hope you will use it to my Honour.
This, upon return of the Lords from the King, was presently reported to the House by the Lord Privy-Seal, and ordered, that these Lines should go out with the King's Letter, if any Copy of the Letter were dispersed.
The House of Commons being this Day in a Grand Committee, to consider of the raising of Money.
Subsidies 400000 l.
Mr. Hyde Reports from the Committee of the whole House. Where upon it was Resolved upon the Question, That 400000 l. be raised for the great Affairs of the Kingdom.
French Forces drawn to the Sea-side.
After which Report of Mr. Hyde's, Mr. Pym Reports the first Part of the Conference this Day had with the Lords, viz. A Letter from Captain Philip Carteret, concerning French Forces, drawn down to the Sea-side, about Three Thousand in Number, expecting their general Garrison and suspected to have a Design upon Portsmouth.
Tumults about the Queen-Moth. A Proclamation to prohibit Tumults.
Mr. Treasurer Reports the second Part of the Conference concerning the Safety of the Queen Mother, and the Tumults that have been raised (in which Three Men have been slain) and some way for suppressing of their and that it may be declared by Proclamation, That the King hath taken the Queen Mother into his Royal Protection; and that the Trained-Bands may be appointed for her Guard, and a List taken of her Servants: and that a Proclamation may be set forth to prohibit all Tumults, and drawing together of People, upon severe Penalties.
Mr. Pym further Reports from the free Conference with the Lords, That the Earl of Dorset said, he was commanded to represent to the House of Commons, That they had received many Petitions from Merchants ready to hoise Sail to Sea, which they could not do by reason of the Stopping of the Ports, and that hereby they lose their Voyage, much of their Goods being perishable, and the Charges of stay great: Yet the House of Peers would not let the Ports be open, till they had acquainted the House of Commons therewith, to the end that they may join with them; which they have ordered accordingly to be done.
And Mr. Treasurer reports another Part of the Conference, That the Earl of Holland said, That the Lords having been informed of the Fears the Queen Mother hath of the Disorders of the People, that she hath sent two or three Messengers to express her Apprehensions and Fears, desiring a Guard; and that he, being Lieutenant of Middlesex, gave Directions for a Guard of an Hundred Musqueteers, to be sent as a Guard to her Person: But he found great Unwillingness in some of them to go, saying, They thought it fitter for them to do other Things, than to guard any Stranger; which makes him think she may be in some Danger.
And this Day the Lords are informed by the Marshal of the City, that the Multitude talk of coming this Day into St. James 's Fields, near the Queen-Mother. 'Now, said the Earl, if any Thing should happen to the Queen, it would be a great dishonour to the Nation, she being come hither for Protection from the King and Queen her Daughter, and ought to be considered as a Lady, who is Mother to the greatest Princess in Christendom: Besides, she hath lived here with that Modesty and Moderation, as it is to be wondred at.
The City Members also informed the House, That the Disorders of the Multitude are very great; and that the last Night there marched towards the Tower a Thousand Sailors, who were got together, having a Flag of a Ship, and pull'd down Two Houses: the Train'd-Bands opposed them, and kill'd Two of them. They pretended Ships were stopp'd, Trading was dead, and they must not want: So the Lords concluded, That they would desire the Advice of the Commons to prevent these Things.
Which being afterwards seriously taken into Consideration by the House of Commons, this Matter was referred to a Committee; who considered thereof, and ordered Mr. Henry Martin, Chairman of that Committee, to make Report of their Opinion to the House; and Mr. Martin made the Report following.
Mr. Martin's Report touching the Queen Mother.
Mr. Martin Reports from the Committee concerning the Queen-Mother, That the Committee hath considered her Fears concerning the Tumults, and therefore should agree to all good Ways and Means, that might conduce to the Safety of her Person: but fearing, left notwithstanding all the Means that have or may be used, may prove insufficient for the Assurance of her Protection; That the House do move their Lordships, humbly to beseech his Majesty, that her Majesty may be moved to depart the Kingdom, the rather for the quieting of those Jealousies in the Hearts of his Majesty's well-affected Subjects, occasioned by some ill Instruments about that Queen's Person, by the flowing of Priests and Papists to her House, and by the use and practice of the Idolatry of the Mass.
Wednesday May 12. The Earl of Strafford brought to the Scaffold.
The Earl of Strafford was brought from the Tower to the Scaffold upon Tower-hill, where the Bishop of Armagh, the Earl of Cleveland, Sir George Wentworth, Brother to the said Earl of Strafford, and others of his Friends were present to take their leaves of him; but before he fitted himself to prostrate his Body to Execution, he desired Patience of the People to hear him speak a few Words; which the Author took in Characters from his Mouth, being then there on the Scaffold, viz.
My Lord Primate of Ireland, and my Lords, and the rest of these Noble Gentlemen, It is a great Comfort to me to have your Lordships by me this Day, because I have been known to you a long time, and I now desire to be heard a few Words.
I come here, my Lords, to pay my last Debt to Sin, which is Death; and through the Mercies of God to rise again to Eternal Glory.
My Lords, if I may use a few Words, I shall take it as a great Courtesy from you. I come here to submit to the Judgment that is passed against me. I do it with a very quiet and contented Mind; I do freely forgive all the World; a Forgiveness not Teeth outwards (as they say) but from my Heart. I speak in the presence of Almighty God, before whom I stand, that there is not a displeasing Thought that ariseth in me against any Man; I thank God I say truly, my Conscience bears me Witness, that in all the Honour I had to serve his Majesty, I had not any Intention in my Heart, but what did aim at the joint and individual Prosperity of the King and his People, although it be my ill hap to be misconfirmed. I am not the first Man that bath suffered in this kind, it is a common Portion that befals Men in this Life Righteous Judgment shall be hereafter; here we are subject to Error, and misjudging one another.
One thing I desire to be heard in, and do hope, that for Christian Charity's Sake I shall be believed. I was so far from being against Parliaments, that I did always think Parliaments in England to be the happy Constitution of the Kingdom and Nation, and the best Means, under God, to make the King and his People happy. As for my Death, I do here acquit all the World, and beseech God to forgive them in particular. I am very glad his Majesty conceives me not meriting so severe and heavy a Punishment, as the at most Execution of this Sentence; I do infinitely rejoice in it, and in that Mercy of his, and do beseech God to return him the same, that he may find Mercy when he hath most need of it. I wish this Kingdom all Prosperity and Happiness in the World. I did it living, and now dying it is my Wish.
I profess heartily my Apprehension, and do humbly recommend it to you and wish that every Man would lay his Hand on his Heart, and consider seriously, whether the beginning of the People Happiness should be written is Letters of Blood: I fear they are in a wrong way; I desire Almighty God, that no one drop of my Blood rise up in Judgment against them. I have but one word more, and that is for my Religion.
My Lord of Armagh, I do profess my self seriously, faithfully, and truly to be an obedient Son of the Church of England; in that Church I was born and bred; in that Religion I have lived; and now in that I die; Prosperity and Happiness be ever to it.
It hath been said I was inclined to Popery; if it be an Objection worth the answering, let me say truly from my Heart, that since I was Twenty One Years of Age unto this Day, going on Forty Nine Years, I never had Thought or Doubt of the Truth of this Religion; nor had ever any the boldness to suggest to me the contrary, to my best Remembrance.
And so being reconciled to God, through the Merits of Jesus Christ my Saviour, into whose Bosom I hope shortly to be gathered, to enjoy eternal Happiness, which shall never have an end, I desire heartily to be forgiven of every Man, if any rash or unadvised Words or Deeds have passed from me, and desire all your Prayers; and so, my Lord, farewel, and farewel all Things in this World.
The Lord strengthen my Faith; and give me Confidence and Assurance in the Merits of Christ Jesus. I trust in God we shall all meet to live eternally in Heaven, and receive the Accomplishment of all Happiness, where every Tear shall be wiped from our Eyes, and sad Thoughts from our Hearts; and so God bless this Kingdom, and Jesus have Mercy on my Soul.
Then turning himself about, he saluted all the Noblemen, and took a solemn Leave of all considerable Persons on the Scaffold, giving them his Hand.
And after that, he said Gentlemen, I would say my Prayers and I intreat you all to pray with me, and for me: Then his Chaplain laid the book of Common-Prayer upon the Chair before him, as he kneeled down; in which he prayed almost a quarter of an Hour; then he prayed as long or longer without a Book, and ended with the Lord's Prayer: Then standing up, he spy'd his Brother, Sir George Wentworth, and called him to him, and said, Brother, we must part, remember me to my Sister, and to my wise, and carry my Blessing to my eldest son, and charge him form me, That he fear God, and continue an obedient Son of the Church of England; and that be approve himself a faithful Subject to the King; and tell him, that he should not have any private grudge or Revenge towards any concerning me; and bid him beware to meddle with Church-Livings, for that will prove a Moth and Canker to him in his Estate; and wise him to content himself to be a Servant to his Country, as a Justice of Peace in his Country, not aiming at higher Preferments. Carry my blessing also to my Daughters, Anne and Arrabella, charge them to fear and serve god, and he will bless them; not forgetting my little infant,that knows neither Good nor Evil, and cannot speak for it self; God speak for it, and bless it: Then said he, I have nigh done, one Stroke will make my Wife Husbandless, my dear Children Fatherless, and my poor Servants Masterless, and separate me from my dear Brother, and all my Friends; but let God be to you and them all in all.
After that, going to take off his doublet, and to make himself unready, he said, I thank God I am no more afraid of Death, nor daunted with any Discouragements arising from any Fears, but do as chearfully put of my Doublet at this Time, as ever I did when I went to Bed; then he put off his Doublet, and wound up His Hair with his Hands, and put on a white Cap.
Then he called, Where is the Man that should do this last Office, (meaning the Executioner) call him to me? When he came and asked him Forgiveness, he told him, be forgave him and all the World. Then kneeling down by the Block, he when to Prayer again himself, the Bishop of Armagh kneeling on the one side, and the Minister on the other; to the which Minister, after Prayer, he turned himself, and spoke some few Words softly, having his Hands lifted up, and Minster closed his Hands with his: Then bowing himself to the Earth, to lay down his Head on the Block, he told the Executioner, That he would first lay down his Head to try the fitness of the Block, and take it up again, before he laid it down for good and all; and so he did: And before he laid it down again, he told the Executioner, That he would give him warning when to strike, by stretching out his Hands; and then laid down his Neck on the Block, stretching out his Hands, the Executioner struck off his Head at one Blow: Then took the Head up in his Hand, and shewed it to all the People, and said, God save the King.
May 12. Deans and Chapters.
This Day also Doctor Hacket being admitted into the House of Commons to speak what he thought fit to be offered to the Consideration of that Honourable House, on the behalf of Deans and Chapters, made a learned Oration to that purpose; wherein he insisted, That it tends to the Glory of God, the Advancement of true Religion and Piety, Encouragement of Learning, and good of the Commonwealth: That in Queen Elizabeth's Time divers of the most learned Divines were placed in Cathedral Churches; who preached Two Scrmons every Lords Day; and in every Week in the year a Lecture; and Grammar-schools are maintained by the Revenue of Cathedrals; and these Structures are the first Monuments of Christianity: St. Paul faith, Thou that abhorest. Idols, dost thou commit Sacrilege? It will be a poor Structure that is built, upon the Ruins of the Rewards of Learning; nothing but Ignorance will follow, and upon the Chaos of that Ignorance, nothing but Prophaneness and Confusion. After which, Dr. Burgess made a large Answer to what had been alleged by the said Dr. Hacket; and the further Debate was adjourned to this Day Sevennight; only the House at this time passed this Vote, That the Deans and Chapters of all Cathedrals in general, be from this House required and enjoined, to suffer the Inhabitants of the Places where Cathedrals are, to have free Liberty to have a Sermon preached in their Cathedrals every Sunday in the Afternoon.
Liberty for Afternoon Sermons in Cathedrals.
Also the following Petitions were presented from the two Universities, in favour of the Deans and Chapters, and for their Continuance.
Petition of the University of Oxford. To the High and Honourable Court of Parliament;
The Humble Petition of the University of Oxford,
'That whereas the University hath been informed of several Petitions, concerning the present Government of this Church, and Maintenance of the Clergy, which have of late been exhibited to the Honourable Assembly; we could not but think our selves and bound in Duty to God, and this whole Nation, Charity to our selves and Successors who have and are like to have more than ordinary Interest in any Resolution that shall be taken concerning Church Affairs, in all humility to desire the continuance of that Form of Government, which is now established here, and hath been preserved in some of the Eastern and Western Churches, in a continual Succession of Bishops, down from the very Apostles to this present Time, the like whereof cannot be assumed of any other Form of Government in any Church. Upon which Consideration, and such other Motives as have already been represented to this Honourable Parliament, from other Persons and places (with whom we concur) in behalf of Episcopacy, we earnestly desire, That you would protect that Ancient and Apostolical Order from Ruin and Diminution.
'And become further Suitors for the Continuance of those pious Foundations of Cathedral Churches, with their Lands and Revenues;
'As Delivered to the Service and Honor of GOD, soon after the Plantation of Christianity in the English Nation.
'As thought fit and useful to be preserved for that end, when the Nurseries of Superstition were demolished, and so continued in the last and best Times, since the blessed Reformation under King Edward VL Queen Elizabeth, and King Fames 1. Princes renowned through the World for their Piety and Wisdom.
'As approved and confirmed by the Laws of this Land, Ancient and Modern.
'As the principal outward Motive and Encouragement of all Students, especially in Divinity, and the fittest Reward of some deep and eminent Scholars.
'As producing or nourishing, in all Ages, many Learned and Godly Men, who have most strongly asserted the Truth of that Religion we profess, against the many fierce Oppositions of our Adversaries of Rome.
'As affording a competent Portion in an ingenuous Way to many younger Brothers of good Parentage, who devote themselves to the Ministry of the Gospel.
'As the only means of Subsistance to a Multitude of Officers and other Ministers, who, with their Families, depend upon them, and are wholly maintained by them.
'As the main Authors or Upholders of divers Schools, Hospitals, High ways, Bridges, and other publick and pious Works.
'As special Causes of much Profit and Advantages to those Cities where they are situate, not only by relieving their Poor, and keeping convenient Hospitality, but by occasioning a frequent resort of Strangers from other Parts, to the great Benefit of all Tradesinen and Inhabitants of those Places.
'As the goodly Monuments of our Predecessors Piety, and present Honour of this Kingdom in the Eye of Foreign Nations.
'As the chief Support of many Thousand Families of the Laity, who enjoy fair Estates from them in a free sway.
'As yielding a constant and ample Revenue to the Crown; and as by which many of the Learned Professors of our University are maintained.
'The Subversion or Alienation whereof, must (as we conceive) not only be attended with such Consequences, as will redound to the scandal of many well-affected to our Religion, but open the Mouths of our Adversaries, and of Posterity against us; and is likely, in time, to draw after it harder Conditions upon a Considerable Part of the Laity, and universal Cheapness and Contempt upon the Clergy; a lamentable Drooping and Defection of Industry and Knowledge in the Universities, which is easy to foresee, but will be hard to remedy.
May it therefore please this Honourable Assembly, upon these and such other Considerations, as your great Wisdoms shall suggest, to take such pious Cares for the Continuance of these Religious Houses and their Revenues, according to the best Intentions of their Founders, as may be to the most furtherance of God's Glory and Service, the Honour of this Church and Nation, the Advancement of Religion and Learning, the Encouragement of the modest Hopes and honest Endeavours of many hundred Students in the Universities.
Who do and shall ever Pray, &c.
Dat. Anno Dom. Millesimo Sexcent. Quad' primo è domo Convocations, in celebri Conventu Doctorum ac Magistrorum, omnibus & singulis Assentientibus.
Letter from the University of Cambridge to the House of Commons, read in the House, May 12. 1641.
Honoratissimis Viris Equitibus, Civibus, & Burgensibus, Supremae Curiae Parliamentariae Senatoribus Consultissimis.
Summâ cum Demissione.
Non veremur ne volventibus tanta negotia molesti simus Academia Cantabrigiensis, cum nihil sit aut ad Religionem certius, aut ad splendorem nominis excelsius, quam suscipere Literarum Clientelam. In quo studio, cum singularis animi vestri propensio semper eluxerit, tum nulla in re magis possit eminere, quam si Ecclesiae honestamenta ea, quae sub optimis Regibus tam diu obtinuerunt, indelibata tueamini.
Non enim agitur unius Academiae non unius aetatis causa; nam nec Industria poterit non relanguescere, nec bona Indoles ali, atque augeri, nec vote Parentum non in irritum cadere, nisi spe non vand suffulciantur. Quam praematurum putemus bonis Artibus occasum imminere, si stipendium idem Militi sit quod Imperatori ? Sunt qui expediendis scholasticorum ambagibus, evolvendis antiquorum Patrum Monumentis, expurgandae faeci Romanae, velut Augeae stabulo, se totos impenderunt; nec aliam mercedem prensant, quam in Ecclesia Catbedrali, tandem aliquando quasi in portu conquiescere; ita fit, ut quod ignavis asylum inscitiae est, id Candidioribus Ingenis pro stimulo sit ad optima persequenda, nec AEquitas judiciorum vestrorum ferret improbitatem nonnullorum in publicam calamitatem redundare. Impetigo Romana quam amplam tum sibi nacta videbitur se defendendi materiam, cum non sit nisi imbelles adversarios babitura? Neque enim certamini vacare possunt, qui id unice agunt, ut in Rostris Concionibus sudent; etiam num persentiscere nobis videmur nudam & inanem Academiam, & antiquam paupertatem quasi praeludio perborrescimus: nec vestra progenies non aliquando ventura est in tantarum miseriarum partes. Quin itaque, Senatores Amplissimi! per spes parentum, per illecebras Industriae, per subsidia simul & ornamenta Pietatis, per vincula, nervos & firmamenta Literarum, velitis splendorem Ecclesia, qui longissimis ab usque temporibus, ad nostra tempora deductus est, Autboritate vestra communire. Sed quia Lingua nativa dolores & desideria sua soelicius exprimit, annexam Literis Petitionem benevolis Auribus excipietis.
Honori vestro Deditissimi,
Procancellarius, Reliquusque Coetus
Datæ è frequente Conventu nostro Cantabrtertio Idus Aprilis, 1641.
To the Honourable the Knights, Citizens, and Burgesses, of the House of Commons, assembled in Parliament.
The Humble Petition of the University of Cambridge.
'That your Petitioners having heard of divers Suggestions offered to this Honourable Court, by way of Remonstrance, tending to the Subversion of Cathedral Churches, and Alienation of those Lands, by which they are supported, being the ancient Inheritance of the Church, founded and bestowed by the Religious Bounty of many Famous and Renowned Kings and Princes of this Land, and other Benefactors both of the Clergy and Laity, and established and confirmed unto them by the Laws of this Kingdom; and so accordingly have been employed to the Advancement of Learning, the Encouragement of Students, and Preferment of Learned Men, besides many other pious and charitable Uses.
May it please this Honourable Court, out of their great Wisdom and tender Care for the cherishing of Learning, and furtherance of the Studies and Pains of those who have and do dovote themselves to the Service of the Church, graciously to protect and secure those Religious Foundations from Ruine and Alienation; and withal to take order that they may be reduced to the due Observation of their Statutes; and that all Innovations and Abuses, which have by some Men's Miscarriages crept in, may bereformed, that so the Students of our University, which by the present Fears are discouraged, may be the better invited to pursue their Studies with Alacrity, and the Places themselves disposed to the most serviceable and deserving Men, according to their first Institution;
Upon a Conference with the Lords, it was concluded, That there should bean Order throughout the Kingdom, that all should make known what Arms they have in their Custody; and that all Papists be disarmed.
Resolved, That whereas some Doubts have been raised concerning the meaning of these Words in the Protestation, (The true Reformed Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery and Popish Innovations in this Realm): The House doth declare, That by these Words, was and is to be intended and meant only the publick Doctrine professed in the said Church; and that the said Words are not to be extended to the maintaining of any Form of Worship, Discipline, or Government, nor of Rites or Ceremonies.
The Patent concerning Fullers-Earth, and the Transportation thereof, to be taken into speedy Consideration, to prevent the same.
The Gentleman-Usher acquainted the House, That his Majesty was come to the House of Lords, and expected their Attendance; the House forthwith repaired thither, and presented the three Bills following to be passed, viz.
- 1. A Bill for the Abbreviation of Michaelmas -Term.
- 2. A Bill for the pressing of Mariners for the King's Ships.
- 3. A Bill for the Remainder of the six entire Subsidies.
And Mr. Speaker made this Speech to his Majesty on that Occasion.
The Speaker's Speech, May 13.
May it please your Most Excellent Majesty,
The great Security of the Kingdom rests in the happy Concurrence of the King and People, in the Unity of their Hearts.
Those joined, Safety and Plenty attend the Sceptre; but divided, Distraction and Confusion, as Briars and Thorns, over-spread and make the Land barren; there is then no Peace to the King, no Prosperity to the People. The Duties and Affections of your Subjects, are most transparent, most clear, in the cheerful and most liberal Contributions given, to knit fast this Union with the Bond of Peace.
The Treasures of the Privy-Purse, are but the Supplies of Fancies, warranted by a common Interest; but the publick Treasure given by common Assent, supports Royal Dignity, is sheltered under the Wings of Prerogative, and by that Power is covered from the Eyes, from the Touch of Deceivers.
In These we render Casar what is due to Casar, and Tribute to whom Tribute belongeth.
The proper Inscription of the Crown is born here, and censures those malignant Spirits that dare whisper into the Ears of Scared Majesty, That our selves only, not your Sacred Person, nor your Royal Posterity, are the Supreme Objects of the Givers.
The Preservation of the publick Union, the Supply of your Armies, the Distresses, miserable Distresses of the Northern Parts, the common Calamities of the Times, begat the Consideration of this Bill (the Remainder of the six entire Subsidies, happily presented to your Scared Majesty by this unworthy Hand:) The first Vote advanced a Credit to us, to issue them for the Use of your Sacred Majesty.
The full Perfection adds Growth to that Credit, and enables us to return to your Sacred Majesty, as to the Ocean the Tribute due to Justice and Sovereignty: These are the Earnests of our vast Desires, which take their Rise from our due Regards for the Safety of your Throne, and of your Posterity.
Your Royal Assent stamps your Image here, and makes this Yours, and Yours only, which I by the Commands of the Commons do humbly beseech of your Majesty to grant.
And accordingly, his Majesty then gave his Royal Assent to all the said three Bills.
Ordered, That Sussex be provided with Ammunition.
A Warrant to Transport Mr. Henry Jermin into France.
Colonel Goring, These are to Command you to provide with all Speed, a Ship for this Bearer, to carry him to Diep or Calais, or any other part of France that the Wind may be good for; and if there be any of my Ships or Pinnaces ready to go forth, you shall command the Captain or Master of such Ship or Pinnace, to receive him and his Servants, and carry him into France; for which this shall be a Warrant to the Captain or Master you may employ: And hereof you nor they are not to fail, as you or they will answer the contrary at your Peril. Given at White-Hall this Fourteenth of May, 1641.
To our Trusty and Well-beloved
Servant, George Goring,
Governour of Portsmouth.
A Conference desired with the Lords, concerning Mr. Piercy.
A committee to present the State of the Accompts of Northumberland, Durban, Cumberland, Westmorland, Barwick, and Newcastle.
Monday, May 17.
Ordered, That the Consideration of the Printing of certain Verses, under the Name and Picture of Thomas late Earl of Strafford, be referred to a Committee.
Mr D'avenant taken and committed.
That Mr. D'avenant the Poet, supposed to be concerned in the late Conspiracy for bringing up the Army to over-awe the parliament, and lately taken at Feversham, as he was endeavouring to escape out of the Land, be committed to the Custody of the Serjeant-at-Arms.
Ordered, that no new Business or Petitions should be received into the House, or by any committee, for one Month next following. And that all committees should speedily bring in what Business they have in hand and ready, and so to be delivered up to the Lords; and that all Delinquents, as for the Wine-business, and others that have been laid aside, shall be brought in for dispatch.
Uniformity in Church Government between the two Kingdom.
Resolved, That this House doth approve of the Affection of their Brethren of Scotland, in their desire of a Conformity in Church-government between the two Nations, and doth give them thanks for the same.
The House receiving Information of great resort of English Papists to Mass at Ambassadors Houses, passed the following Order for preventing the same.
Lunæ 17. Maij, 1641.
An Order to prevent going to Mass.
It is this Day Ordered by the House of Commons now assembled in Parliament. That the Lord Mayor of London, the Justices of Peace of Middlesex Westminster, and the Liberties of the Duchy of Lancaster, and those of Surry that are for the Borough of Southwark, and the Places adjoining, do employ their best Endeavours to prevent, That none of the King's Subjects do frequent the Houses of any of the Ambassadors, Somerset-House, or St. James's, to hear Mass: And that they give an Account to this House of the Execution of this Order, at all such times as by the said House they shall be required.
The Lord Cottington having resigned his Place of Master of the Court of Wards, the Lord Say was this Day admitted thereunto, and sworn.
Ordered, That the Consideration of the Paper, called the Scots Belief, be referred to the committee for Printing.
Treaty with the Scots.
The House fell upon the second Head of the Scots Demands, For a settled Peace, and a Message came form the Lords, certifying, That they did well approve of the Scots Demand in this point, That neither Kingdom should wage War without consent of both Parliaments; but this was remitted to their Lordships, desiring they would explain themselves in this Point, what should be termed a Waging of War.
In the Afternoon a Committee appointed concerning the Archbishop of Canterbury's causing divers printed Books to be seized on, where it was Ordered, That those Bibles that were printed beyond Sea, with Notes, and seized on, should be delivered back to the Owners, and publick Sale made of them.
Another Committee for the High-Commission court, another for Breach of Privilege of Parliament, in 3 Car. and another to consider what Committees are fit to fit till the House be adjourned.
May 19. Newton a Popish Priest.
One Newton, a Popish Priest, was committed to the Gate-House.
A Message to the Lords, desiring that the French Letters might be stopt. this Week, as they were the last, and viewed by a Committee; which was done accordingly.
Bill read concerning Episcopacy, to take away the Bishops Votes in Parliament; and that no Clergyman shall intermeddle in secular Affairs.
Dr. Juxon resigns his Place of Treasurer.
Dr. Juxon, Bishop of London, Lord Treasurer, resigned his Staff; and that Office was committed to five Commissioners, viz. The Lord Keeper, Lord Privy Seal, Lord Chief Justice of the Common-Pleas, Lord Newburgh, and Secretary Vane.
Thursday, May 20.
The House of Commons sell upon the Irish Affairs, and a Bill was read concerning Sir G. Ratcliff, and Mr. Sammon.
The Proceedings of the High-Commission Court, against Mr. Walker a Minister in London, and his close Imprisonment, being taken into Consideration, it was voted, That the said Proceedings and Imprisonment were Illegal: That he ought to have Reparations for his Sufferings, and be restored to his Benefice.
Then they sell upon the Business of London-Derry and Colerain, up on which there was a Committee appointed: Also another Committee, upon the Complaints against Doctor Stern,Master of Jesus-Colledge in Cambridge.
May 21. Oath of Canonical Obedience laid aside.
Ordered, That no Minister be forced hereafter to take any Oath at his Induction, but such as shall be warranted by Scripture.
A Message sent to the Lords, touching the Disbanding of the Armies, if not totally, yet part and part at a Time: Upon which, Mr. Treasurer made report, That there was in Arrear due to the Scots 120000l. besides the 300000l. And it was voted by both Houses, That both Armies should be satisfied and disbanded next Month.
The Bill concerning Episcopacy sent up to the Lords.
May 22. Mr. Rolls's Case.
The Case of Mr. Rolls, a Merchant, was reported, complaining of the Barons of the Exchequer, for denying of a Replevin for his Goods, which were seized upon for not paying of Tonnage and Poundage, it not being granted by Act of Parliament.
The House proceeded upon the Scots Demands, and particularly upon that Article, That all Incendiaries of War betwixt the Kingdoms, being of Scotland, should be tried in Scotland; and of England, in England; and such as fled into either Country, to be returned: On debate of which, the House was divided; and upon the Question, it was carried by Ten, in the Affirmative.
Monday, the 24th Captives in Algier.
Upon Mr. King's Report from the Committee for the Captives of Algier, it was resolved, That his Majesty be moved to send some fit Person, at the Charge of the Merchants, to the Grand Seignior, to demand the English Captives in Algier, and other the Turks Dominions; and that in some convenient time after such Person's Departure out of England, a Fleet of Twenty Ships and Pinnaces be sent to Algier, to affail the Town and their Ships, if the Captives be not delivered upon demand.
Book of Rates to be encreased.
Resolved, That the Opinion of this House is, That the Book of Rates being agreed and settled, there shall be One in the Hundred laid upon Trade, over and above the Sum expressed in the Book of Rates, to be employed by Commissioners to be appointed by the Parliament for this special Use.
Ordered, That the Knights, Citizens, and Burgesses in Parliament, do respectively give an account with all speed, of the Names of such Popish Recusants as are in their several Countries, Cities, and Boroughs; and that the Clerk of the Peace and Assizes may be required to return the Names of all such as are convict Recusants, into the Exchequer.
Ordered That the Committee for the Bill to prevent Dangers that may happen by Popish Recusants, do prepare an Order concerning the speedy disarming of all Popish Recusants, as well Convict as not Convict, to present the same to the Lords, to the intent that an Ordinance of Parliament may be made accordingly.
May 25. Sabbath-day.
A Bill read in the House of Commons, That no Barge or Lighterman in England or Wales, should load or unload any Goods or Wares on the Sabbath-day.
Upon Debate in the House concerning Customers, about their paying of Tonnage and Poundage, not granted by Parliament; the House was informed by a Member thereof, That the Customers are willing to give 100000l. in Satisfaction: Whereupon the House passed this ensuing Vote.
Resolved, That all Collections of any Sums of Money, by colour or pretence of Subsidies and Imposts upon any Merchandise whatsoever, not granted by Consent of Parliament, are against Law, Liberty and Property of the Subject; and that all that all such Persons as have collected or taken any Sums of Money not granted by Consent in Parliament, are Delinquents.
This Day the House again took into Consideration the speedy raising of Monies upon the Customers: upon which the great Farmers, namely Sir Paul Pindar, Sir Abraham Dawes, Sir John Worsnam, and Sir John Jacob, delivered a Petition to the House of Commons, wherein they humbly acknowledge their Delinquency, but pleaded Ignorance, and proffer'd 150000l. for a Composition, to be paid within a Month, in lieu of their parts of the 700000l. desiring there might be an Act of Oblivion pass'd upon it.
Vintners not to dress Victuals, by a former Decree in the Star-Chamber.
Mr. Glyn reports the Case of the Vintners, concerning the Imposition of 40s. per Tun upon Wines.
That in December 1633, a Decree was made in the Star-Chamber, to restrain Vintners from dressing Victuals.
That in February 1634, they preferr'd a Petition to the Council-Board, to be relieved against this Decree, and to have Liberty to dress Meat; and upon the Loan of 6000l. had Liberty to dress Meat till December following.
6000 l. given for License to dress, not-withstanding that Decree.
That some of them drest Meat after that time of License was expired; and thereupon Stanley and Forster were cited into the Star-Chamber; and a Proposition was made, that if they would pay 40 s. per Tun, they should be freed from that Danger.
An Indenture Quadripartite between the King and Vintners.
That on the 11th of June, 1634, an Indenture Quadripartite was made between the King, and Twenty-eight Vintners named, the French and Spanish Merchants; wherein there were many Covenants expresly against Law, such as a Covenant, allowing them to enter into any Man's House; and they that should refuse, to be punished at the Council-Board: And whereas the whole 6000l. should have been paid entirely by the Vintners, they deducted in the Payment thereof 8 s. per Pound; so that the King received 190000, and the Subject paid above 17000 l. Upon the whole matter of this Report it was
Resolves against the Patents for Wines.
Resolved, First, That the Patent for the Payment of 40 s. per Tun on Wines by the Merchants, is illegal in the Creation, and a Grievance.
Secondly, That the Imposition of one Penny in a Quart on French Wines, and 2 d. ill a Quart on Spanish Wines, is a Grievance.
Thirdly, That the Patent of Imposition of 40s. per Tun, is illegal in the creation, and a Grievance in the Execution thereof.
Fourthly, That Alderman Abel, and Mr. Richard Kilvert, are the Principal Promoters, both of the Creation and Execution of this illegal Imposition of 40 s. per Tun.
Resolved, That there shall be a Bill prepared, declaring the Offences of Alderman Abel, and Richard Kilvert, to the end they may be made Exemplary.
Resolved, That a Proclamation, dated July 15, in the Fourteenth Year of the King, prohibiting the Wine-Coopers to buy or sell Wines, is illegal, and against the Liberty of the Subject.
Resolved, That the Penny imposed upon a Quart of French Wines, and Two pence a Quart upon Spanish Wines, ought to be no longer paid by the Subject, nor demanded by the Vintner.
Farmers of the Customs topay 150000 for their Delinquency.
Resolved, That 150000l. shall be imposed on the Farmers of the Customs, in Satisfaction of their Delinquency to the Commonwealth, to be paid at the Time express'd in the Petition: And this House doth agree, That an Act of Oblivion shall pass, according to the several Limitations made in the Report.
Oaths of Allegiance and Supremacy to be tendred to Sir Kenelm Digby, &c.
Ordered, That Mr. Whitaker, Sir John Franklyn, Sir Gilbert Gerard, Sir Arthur Ingram, and Mr. Glyn, shall have Power to call before them Sir Kenelm Digby, Dr. Frier, and Sir John Winter, and offer them the Oaths of Allegiance and Supremacy; and if they refuse them, to proceed against them according to Law.
A Report against Sir Jo Lamb.
Mr. Peard reports from the Committee for Courts of Justice, the Case of William Flower, who was committed by Sir John Lamb, for having in his Custody a Book, Intituled News from Ipswich, and then committed to the Counter by the said Sir John Lamb, and continued there Nine Months.
Resolved, That the Imprisonment of William Flower was illegal and unjust, and principally in Sir John Lamb.
Resolved, That the said William Flower ought to have Reparation against Sir John Lamb, for the Damages sustained, &c. and that a Bond given by him for his Appearance, ought to be delivered up.
May 27. Mr. Tailor a Member, expell'd the House.
One Mr. Tailor, a Barrister and Burgess for Old Windsor, was brought upon his Knees in the House of Commons, for speaking of some Words in Disparagement the whole House, about the Earl of Strafford's Death, saying, They had committed Murther with the Sword of Justice; and that be would not for a World have so much Blood lie on his Conscience as did on theirs for that Sentence. Which Words being proved against him by the Mayor of Windsor (to whom he spake it) and some others, he was expell'd the House, and voted uncapable of ever being Parliament-man, committed to the Tower during Pleasure, to be carried down to Windsor, there to make Recantation for those Words, and to return back to the House of Commons to receive further Sentence; and it was ordered that a Writ should presently issue out for a new Election in his room.
A Message from the Lords for a Conference upon a Commission from his Majesty, to the Lord Keeper, and some others, for passing of Three Private Bills. 1. For the naturalizing of Dorothy Spencer. 2. For the Marquiss of Winchester to grant Leases for Twenty-one Years, or Three Lives. 3. For enabling the Earl of Winchelsea to sell Lands to pay his Debts; and to settle other Lands on his younger Children.
Bishops Votes in Parliament.
The Bill sent up to the Lords, for depriving Bishops of their Votes in Parliament, meeting there with Obstructions, there had a new Bill been brought into the House of Commons, for the taking away of Archbishops, Bishops, Deans, Archdeacons, & c. and their Government; which now was read in the House; and a great Debate arose, Whether it should be read again, or laid aside? And during this Debate, a Message came from the Lords, signifying that they would be ready to concur with the Commons as to the former Bill, except only taking away their Voices in Parliament. But this Message took little Effect with the Commons; and so the Question being put for reading the Bill a second Time, was carried in the Affirmative.
An Order for a Writ to issue for a new Election of a Citizen for London, in Mr. Cradock's Place, lately deceas'd.
A Bill against Pluralities and Non-Residents read.
Mond. May 31.
The House was busie upon the Bill of Subsidies.
A Bill read for quite taking away the Jurisdiction of the Star-Chamber.
A Charge of High-Treason, and other High Crimes and Misdemeanours brought in against Judge Berkley. Upon Information that Alder-man Abel and Mr. Kilvert had conveyed away their Plate and Goods, an Order was made for their standing committed to the Tower; but upon their humble Petition superseded, till a Report should be made of their Charge.
In the Afternoon the House appointed divers Committees to meet; one touching Recusants; at which the Oath of Allegiance and Supremacy was administred to divers Parts, who took them both. But for refusing the last, one Sir Robert Hodgson, a Northumberland Knight, was sent to Newgate.
Earl of Leicester to be Lieutenant of Ireland.
About the latter end of this Month of May 41. the King did declare Robert Earl of Leicester, Lord Lientenant-General of Ireland, Heir to Sir Philip Sidney his Uncle, as well as to Sir Henry Sidney his Grandfather, who long continued Chief Governour of Ireland in the Reign of Queen Elizabeth. But before this Noble Person could go over, that Kingdom was in a Flame, by the horrid Rebellion which broke forth the 23d of October following.