In 2009 I came across two volumes of primary source material that a University had bound. They form the source material for the course 'Road to Civil War'. As ever, I am willing to make such information freely available on the internet. Since I cannot scan the antiquated text, I do have to type it all out by hand. The process is long and this page; the complete second volume, was not fully transcribed and uploaded until March 2013, when the third volume was begun.
Please use 'CTRL' + 'F' to find what you are looking for. The CTRL and the F must be pressed at the same time. Creating an index would be laborious and unnecessary. Be aware however that spellings may be different, depending on the writer. Sir John Suckling may be 'Sir John Sucklin' and Captain will be spelled 'Captaine'.
Ocasioned from divers Instructions, Resolved upon by the House of
Commons, and presented to the Lords, and read by Sir Henry Vayne.
the dangers and miseries the three Kingdomes are liable unto, by Reason
of his Majesties evill Consellors as the effects doth declare.
As also, the Justice, Reasonablenesse, and Necessitie of changeing them.
Printed for John Bull, June 15. 1642
At a Conference of Both Houses, there was presented to the Lords divers Instructions, agreed upon in the House of Commons, which were read by Sir Henry Vaine, and after the reading of them Mr Pym spake as followeth.
That these Instructions as your Lordships may peerceive consisted of six Articles, of the first five he should have not cause to speake much, because they could afford no matter of doubt wherefore hee onely recited them thus.
The first conteined a friendly apprehension of the kindnesse of our Brethren in the Parliament of Scotland in their ready offer to assist this Kingdome against the Rebells of Ireland.
The second was onely a Declaration of our williingnesse to accept that offer.
The third, a Narrative of our proceedings and preparations for that warre.
The fourth, a particular desire of 1000 men from the Scots to bee speedily sent into the North parts of Ireland.
The fift a publike undertaking and ingagement to make satisfaction for the charges of those men.
The fixt was to present to his most excellent Majestie an humble Petition: That he would be pleased to change those Councells which hath beene so mischievous to the State, and of so much danger and misery to his Majestie and his Subjects, and to imploy in his great affaires such Councellors and Ministers as might be approved by his great Councell the Parliament, this (he said) had beene resolved by the House of Commons with good deliberation, and might perchance add mitsome objection, wherefore hee was commanded to speake somewhat to shew the justice the Reasonablenesse, the Necessitie of it therein wherein (he said) he would proceede by these steps.
The first was this, that the daners and miseries which come to State by evill Councells are of the most pernicious and destructive nature of all others: The comparison betwixt the Naturall Body and a Politicke Body is usuall, they resemble in nothing more than in this.
Death; and sicknesse, and danger, have divers wayes of approach naturall Bodies, sometimes by outward violence, sometimes by intemperence in diet, exercise or unwholesomnesse of the Ayre.
The first may be prevented by warinesse, by courage, by Assistance. The second sort are more easily cured, the cause beign knowne.
But there is a third sort of deseases proceeding from the defects of some more noble and vitall parts, the Heart, the Braine, the Liver, they are harder to be cured, the cause being not so easily discovered, nor the remedy so readily applyed, especially because they weaken and debilatate nature in those prime powers and offices, which should Actuate and sispose the Medium to the procuring of health.
The dangers by warres, and the attempt of open enemies may be compared to the first sort and may with more facilitie be prevented by the provision and opposition of Force, the disorders and distempers of a Common-Wealth by corruption in justice by deceites or disadbantages oin Trade, by excesse in Luxury and inordinate expences, they are soone discovered, and by good Lawes, and care in the execution of them may be certainly prevented, and these have some resemblance to the second sort.
But in evill and unfaithfull Councellors are the vitall parts of a State Poysoned and corrupted, the wayes of danger are more secret and so more difficult to be cured; the remedies are kept out by power, greatnesse and authorities, the state is not onely desabled to helpe it selfe, by the want of such principall Members and Instruments, but the power, wisedome, and authoritie of it is by their cunning and subtile practices turned against in selfe, and therfore the dangers and mischiefes that come this way are much more incurable then others.
The second point to which he proceeded was this, that there have beene and still are evill Councels and Councellers, of the time past there will be no coubt: The judgements against some, the accusation of others, the flight of divers, the designes upon Religion, the atempts upon the State, the oppression of the People, and the namifold divisions and distempers in the Kingdome are too great evidences of it, but for the present they are somewhat quelled, and appeare not so boldly; they lurke and whisper in corners, yet the effects prove there are such, and like poyson in th roote, they are lesse visible, but no lesse dangerous then when they flourish in the hearbe or in the fruite: yet as much as they dare they will take upon them to make defences and appollogies for the evill Councells of others, and such as these are aptest and readiest to preferment and imployment, which is a signe that some neare the King are lovers and patrons of those that love and preferre evill Councellors to more value and esteeme.
And most cleare evidence is this, that all the wicked designes against the Parliament and against the peace of the Kingdome, may be traced home to have their orignall in the Court, and to be first acted and moved by some principall persons neare the King.
A third was this, that the Councells of this time are of a more dangerous and desperate nature, then those of other times and Ages, this State hath often suffered under former Princes by evill Councells, some times they have been such as would flatter his Majestie in his vices, but we may thanke God that his Majesties vertue will give entrance to no such ill Councells as thse, sometimes they have abused the Power, and Authoritie of the Prince for enriching and advancing their owne kindred and frfriends, and of disgracing and discontenting those of better Merrits: Others have beene officers to straine the prerogative to the great grievance of the people, and in ill Counsells of this kind wee have suffered in too great a measure bu thse are farre from the heart of the State they extend not to ruine and destruction, but the Councell under which wee groane, and against which we laboiur, they are such as ayme at the alteration of Religion, at the subvertion of the fundamentall Lawes, and Govenment, and n this consists the very life and being of our Kingdome, they are deadly, pernicious, ruining Councells, both to this and all other protestant States, not to be parallell'd in any former time.
A fourth was, that all these evill and mischievous Councells proceed from Popery and tend to Popery: That is, the Primum Mobile, that moves and comprehends all the rest; there are inferiour Motions which tend to more perticular ends, but this is the great end by which they are all acted and directed: the Religion of the Papists is incompatible with all other Religions, and hath in it principles distructive, not onely to those that are most opposite to it, but to all that will not fully agree and concurre with them, and though for a time they may comply with others, and make use of them, yet in the end they will consume and destroy all that will not wholly turne to them; there is in nature a formative vertue; whereby it frames Organs in the Body fit for the exercise of those specificall operations which are necessary for the life and perfection of the Creature, and likewise a Nutritive vertue, whereby it converts other things to the increase and perservation of itselfe.
There is in spirit in Popery which workes somewhat after this manner.
It moulds factious instruments proper to its owne designes, and so it hath found out wayes and meanes to get such officers, such Councellors both of the Church and State as would be usefull for furthering their owne cause, and then by this Nutrative facultie they can apply both Ecclesiasticall and Civill Orders, Constitutions and proceedings to the growth and strength of themselves and their party: other Religions may have as much falshood as this, but no other hath such a destructive qualitie as this thath, nor is so contrary to the civill Government of Protestant Kingdome as this is.
Now that Popery hath a prevayling and predominant and predominant oower in all the Late Councells is cleare by these reasons: The innovations in Church matters have been such as have made that Religion more plausible and the course of government such as hath made way for the implyment, and preferment of those who have beene Patrons and Protectors of it, by whose Mediation an Power, ,the professors thereof have received many Immunities, much favour and countenance, to the evident increase of their number and strength; what Maturity this designe is come to in Ireland we see, even to the publike attempt to destroy all the Protestants there, and to free themselves from his Majesties Government, and that the like was intended both for England and Scotland, we have no cause to doubt, when wee consider upon what grounds the late warre was procured, and that Prayers have now a long time beene made by those of the Popish Religion, for the Successe of some great designe in hand for the advancement of that cause.
A fift was this: That whatsoever Aides are given by the subject, they will be of no effect for the good of the Kingdome, unlesse such councels be removed they will be like restoratives to the distempered body which nourish the sicknesse, and hasten Death: Our Treasure may be consumed unprofitably & the Kingdome left naked of defence, as it hath lately beene, the Negociations with forraigne Princes may be managed to our own disadvantage, and all the meanes of preservation frustrated or turned to our destruction.
A sixt was this; That now was the proper time for desiring this favour and benifit from his Majestie, the Kingdome was very much exhausted, a little more would totally undoe us; wee have heretofore strength to beare out ill Councels, which now we have not, Relapses in such a case as ours prove commonly more dangrously then the first sicknesse, when, by strenth of Nature, the distempers prevaile without reisstance; if eill Councels whould now fesume strength, they would grow much more violent and fierce than before: Besides, this is a time whrein the whole world is in motion and Agitation, and such times are ever aptest for great Changes and Alterations. There are none of our neighour Princes, but have Armies and great Preparations, both by sea and land, and if wee have false Counsell at home, we may be over whelmed upon a sudden, which could not be done at other times, because any attempt of that kinde would require long time, and more visible preparation.
Another reason urged for the fitnesse of our time, was, That his Majestie had now great occasion to use the love and fidelity of his people in service of danger and expence, and therefore would be more willing to expresse himselfe in those things which might be most for their incouragement and security in thier great undertainkings and adventures for his honour, and this he said was agreable to the proceedings of God, who may be observed at such times, as he intended to imply any of his Prophets or Servants in any great worke, would for the most part incourage in some extraordinary manner by some speciall blessing, promise some more eminent Revelation or Miracle then at other times.
The Seventh and last step was this, that his Majestie in satisfying this humble desire of his subjects, should gaine very great advantage to himselfe, and he said, that here in our request to the King, should have some resemblance of our payers to God, we should desire nothing from him, but what might make for his owne honour and Happinesse and we ought to pray for nothing from God, but what conduceth to his own Glory and Service: The advantages which the King will gaine by assenting to this our humble Petition will be these.
1. It will be great discouragement to the Rebells, when they see his Majesties affaires and proceedings against them, are guided by such Councellors and Ministers as are Adverse to them, as is evident by the intelligence we have received, that a chiefe point of confidence in the Rebells is this, That they have some friends neare the King here. 2. It will much incourage his Majesties good Subject to hazard their persons and contribute their ayd to the furtherance of this service when they shall be assured that those who governe the Affaires, have publike aymes, and will order and dispose all to the advantage of Religion and Common good. 3. It will be terrour to those who shall presume to move the King from any corrupt or unworthy person, when they must come to an examination in Parliament, because it will be a meanes to bring his Majestie to discerne how they abuse his trust and favour, by what sinister end or sordid respects they are guided. 4. It will put an answere into the Kings mouth to all Importunate sollicitations. Nothing is more troublesome to a benigne and gratious Prince, then to deny those who are near unto him; whereas if he shall please to say that he is ingaged to his people, this will be a sure way to take off all envie, and discontent from himselfe, and assure him that those who he shall preferre will depend upon no other.
(Which He likewise recommends to the consideration of all His loving Subjects)
In Answer to That presented to Him at New-market the 9th of March 1641.
Printed by Robert Barker, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL.
His Majesties Declaration to both Houses of Parliament,
(Which He likewise recommends to the consideration of all His loving Subjects) in Answer to That presented to Him at New-market the ninth of March, 1641.
Though the Declaration lately presented to Us at New-market, from both our houses of Parliament, be of so strange a nature, in respect of what we expected (after so many Acts of Grace and favour to Our People) and some expressions in it so different from the usuall language of princes, that we might well take a very long time to consider it; yet the clearnesse and uprightnesse of our conscience to God and love to our subjects, hath supplied us with a speedie aswere, and our unalterable affection to our people prevailed with us to suppresse that passion, which might well enough become us, upon such an invitation.
We have reconsidered our answer of the first of this moneth at Theobalds, which is urged to have given just cause of sorrow to our subjects. Whosoever looks over that message (which was in effect to telll us, that if we would not joyne with them (in an act which we conceived might prove prejudiciall and dangerous to us and the whole kingdom) they would make a law without us and impose it upon our people) will not think that the sudden answer can be accepted to.
We have little encouragement to replies of this nature, when we are told of how little value our words are like to be with you, though they come accompanied with all the actions of love and justice (where there is room for actions to accompany them) yet we cannot but disavow the having any such evil councell or councellors about us, to our knowledge, as are mentioned , and if any such be discovered, we will leave them to the censure and judgement of our Parliament: In the mean time, we could with, that our own immediate actions which we avow, and our own honour might not be so roughly censured and wounded, under that common stile of evil concellours.
For our faithfull and zealous affection to the true protestant profession, and our resolution to concur with our parliament in any possible course for the propagation of it, and suppression of popery, we can say no more then we have already expressed in our declaration to all our loving subjects, publishid in January last, by the advice of our privie councell, in which we endeavoured to make as lively a cofession of our self, in this point, as we were able, being most assured that the constant practice of our life hath been and werable thereunto: And therfore we did rather expect a testimony and acknowledgement of such our zeal and pietie, then those expressions we meet with in this declaration, of any designe of altering religion in this kingdom, And we do (out of the innocencie of our soul) with, that the judgements of heaven may be manifested upon those, who have, or had any such designe.
As for the Scots troubles, we had well thought that those unhappy differences had been wrapt up in perpetuall silence, by the act of oblivion, which being solemnly past in the parliaments of both Kingdoms, stops our mouth from any other reply then to shew our great dislike for reviving the memory thereof.
If the rebellion in Ireland (so odious to all Christians) seems to have been framed and mainained in England, or to have any countenance from hence, we conjure both our houses of parlament, and all our loving subjects whatsoever, to use all possible means to discover and finde such out, that we may joyn in the most exemplary vengeance upon them that can be imagined: but we must think our self highly and causlesly injured in our reputation, in any declaration, action, or expression of the Irish rebels, any letter from count Rosettie to the papists, for fasting and praying or from Trestram Whitcombe, of strange speeches uttered in Ireland, shall beget any jealousie, or misapprehension in our subjects, of our justice, piety and affection, it being evident to all understandings, that those mischievous and wicked rebels, are not so capable of great advantage, as by having their false discourses so far beleeved, as to raise fears and jealousies to the distraction of this kingdom, the onely way to their security: and we cannot expresse a deeper sense of the suffering of our poor protestant subjects in that kingdom, then we have done in our oftern messages to both houses, by which we have offered, and are still ready to venture our Royal person for their redemption, well knowing, that as we are (in our own interest) more concerned in them, so we are to make a strict accompt to almight God for any neglect of our duty, or their preservation.
For the manifold attempts to provoke our late army, and the army of the Scots, and to raise a faction in the City of London, and other parts of the Kingdom; If it be said as relating to Us, we cannot without great indignation, suffer our self to be reproached, to have intended the least force or threatening to our parliament; as the being privie to the bringing up of the armie would imply: whereas we call God to witnesse, we never had any such thought, or knew of any such resolution concerning our late armie.
For the petition shewed to Us by Captain Legg, we well remember the same, and the occasion of that conference: Captain Legg being lately come out of the north, and repairing to Us at Whitehall, We asked him of the state of our army; and (after some relation made of it) he told Us, that the Commanders and Officers of the armie had a minde to petition the parliament; as others of our people had done, and shewed us the copy of a petition, which we read, and finding it to be very humble, desiring the parliament might receive no interruption in the reformation of the Church and state, to the modell of Queen Elizabeths dayes; we told him, we saw no harm in it: whereupoon he replied, that he beleeved all the officers of the army would like it, onely he thought Sir Jacob Ashley would be unwilliing to sign it, out of fear that it might displease Us. We then read the petition over again, and then observing nothing in matter of form we conceived would possibly give just cause of offence, we delivered it to him again, bidding him give it to Sir Jacob Ashley, for whose satisfaction we had written C.R. upon it, to testifie our approbation; and we wish that the petition might be seen and published, and then we beleeve it will appear no dangerous one, nor a just ground for the least jealousie, or misapprehension.
For master Jermyn, it is well known that he was gone from Whitehall before we received the desire of both houses for the restraint of our servants, neither returned he thither, or passed over by any warrant granted by Us after that time.
For the breach of priviledge in the accusation of the Lord Kymbolton, and the five members of the house of Commons, we thought we had given so ample satisfaction of our severall messages to that purpose, that it should be no more pressed against Us, being confident of the breach of priviledge had been greater than hath been ever before offered, Our acknowledgement and retraction hath been great then ever King hath given, besides the not examining how many of our priviledges have been invaded in defence and vindication of the other; and therfore we hoped our true and earnest protestation in our answer to your order concerning the Militia, would so far have satisfied you of our intentions then, that you would not more have entertained any imagination of any other designe then we there expressed.
But why the lifting of so many officers, and entertaining them at Whitehall should be misconfirmed, we much marvell, when it is notoriously known, the tumults at Westminster were so great, and their demeanours so scandalous and seditious, that we had good cause to suppose our own person, and those of our wife and children to be in apparant danger, and therfore we had great reason to appoint a Guard about Us, and to accept the dutifull tender of the services of any of our loving subjects, which was all we did to the Gentlemen of the Innes of Court.
For the lord Digby, we assure you in the word of a King, that he had due warrant to passe the seas, and had left our court before we ever heard of the vote of the house of commons, or had any cause to imagine that his absence would have been excepted against.
What your advertisements are from Rome, Venice, Paris, and other parts, or what the Popes Nuntio sollicites the Kings of France or Spaine to do, or from what persons such informations come to you, or how the credit and reputation of such persons have been lifted and examined, we know not, but are confident, no sober honest man in our Kingdoms can beleeve, that we are so desperate or so senselesse, to entertain such designes, as would not onely bury this Our Kingdom in sudden distraction and ruine, but Our own name and posteritie in perpetuall scorn and infamy. And therefore we could have wished, that in matters of so high and tender a nature (wherewith the mindes of our good subjects must needs be startled) all the expressions were so plain and easie, that nothing might stick with them with reflection upon Us, since you thought fit to publish it at all.
And having now dealt thus plainly and freely with you by way of answer to the particular grounds of your fears, we hope (upon a due consideration and weighing both together) you will not find the Grounds to be of that moment to beget, or longer to continue a misunderstanding betixt Us, or force you to apply your selves to the use of any other power then what the Law hath given you, the which we alwayes intend shall be the measure of our own power, and expect it shall be the rule of our subjects obedience.
Concerning our fears and jealousies, as we had no intention of accusing you, so are we sure no words spoken by us (on the sudden) at Theobalds will bear that interpretation. We said for our residence neer you, we wisht it might be so safe and honourable, that we had no cause to absent our self from White-Hall, and how this can be a breach of priviledge of parliament we cannot understand. We explained our meaning in our answer aat New-market, at the presentation of this declaration concerning the printed seditious pamphlets and sermons, and the great tumults at Westminster: and we must appeal to you and all the world, whether we might not justly suppose our self in danger of either. And if we were now at White-Hall, what securitie have we, that the like shall not be again, especially if any delinquents of that nature have been apprehended by the ministers of justice, and been rescued by the people, and so as yet escape unpunished. If you have not been informed of the seditious words used in, and the circumstances of those tumults, and will appoint some way for the examination of them, we will require some of our learned councell to attend with such evidence as may satisfie you, and till that be done, or some other course taken for our security, you cannot (with reason) wonder that we intend not to be where we most desire to be.
And can there yet want evidence of our hearty and importunate desire to joyn with our parliament, and all our faithfull subjects, in defence of the religion and publique good of the kingdom, have we given you no other earnest but words, to secure you of those desires: The very Remonstrance of the house of Commons (published in November last) of the state of the Kingdom allows Us a more reall testimonie of Our good Affections then words: that remonstrance valued Our Acts of Grace and Justice at so high a rate, that it declared the Kingdom to be then a gainer, though it had charged it self by Bils of Subsidies and Pol-money, with the leavy of 600000 pounds, besides the contracting of the Debt to our Scots subjects of 220000 pounds.
Are the bills for the trienniall Parliament, for relinquishing our title of imposing upon merchandise, and power of pressing of souldiers, for the taking away the Star-Chamber, and high commission courts, for the regulating the councell table, but words? are the bils for the forests, the stannery courts, the clerk of the market, and the taking away the votes of the Bishops out of the lords house, but words? Lastly, what greater earnest of our trust and reliance on our parliament could or can we give, then the passing of the bill for the continuance of this present Parliament? The length of which we hope will never alter the nature of parliaments, and the constitution of this Kingdom, or invite our subjects so much to abuse our confidence, as to esteem any thing fit for this parliament to do, which were not, if it were in our power to disolve it to morrow. And after all these, and many other acts of Grace on our part (that we might be sure of a perfect reconciliation bewixt us and all our subjects) we have offered, and are still ready to grant a free and geneall pardon, as ample as your selves shall think fit. Now if these be not reall expressions of the affections of our soul, for the publike good of our Kingdom, we must confesse that we want skill to manifest them.
To conclude (alhough wee think our answer already full to that point) concerning our returne to London: we are willing to declare, that we look upon it as a matter of so great weight, as with reference to the affairs of this kingdom, and to our own inclinations and desires, that if all we can say, or do, can raise a mutuall confidence (the onely way with Gods belssing to make us all happy) and by your incouragement the laws of the land, and the government of the City of London, may recover some life for our security, we will overtake your desires, and be as soon with you as you can wish. and in the mean time, we will be sure, that neither the businesse of Ireland, or any other advantage for this Kingdom shall suffer through our default, or by our absence: we being so far from repenting the acts of our justice, and Grace, which we have already performed to our people, that we shall with the same alacrity, be still ready to adde such new ones, as may best advance the peace, honour, and prosperity of this nation.
1. His Majesties Speech to the Committee the ninth of March, when they presented the Declaration of both Houses of Parliament at New-Market.
2. His sacred Majesties Letter to the Lord Keeper of the Great Seal of England, which was read in both Houses of Parliament, concerning matter of great weight which was sent lately from Royston.
3. An Order of both Houses of Parliament, concerning such men of worth as are chosen in the City of London, and intrusted with those summes of mony which have bin gathered in and about the City, for the reliefe of our brethren in Ireland, and how it should be disposed of by them.
Printed at London for Frances Coules and Thomas Bankes 1642.
His Majesties Letter to the Lord Keeper of the great Seale of England, concerning Sir Edward Herbert, &c.
Right trusty and well beloved Consellor, wee great you well, and have thought good hereby to certifie that wee did the third of January last deliver to Our Atturney certaine Articles of Accusation ingrossed in Paper, a Coppy whereof we have sent here inclosed and did then command him in our Name, to acquaint our House of Peeres that divers great and Treasonable designes and practises against us and the State had come to our Knowledge; for which we commanded him in our Name, to accuse the sixe persons in the said Paper mentioned of High Treason, and other high misdemeanours by delivering the Paper to Our said House and to desire to have it read, and further to desire in our Name, that the select Committe of Lords, might bee appointed to take the examinations of such witnesses as wee would produce, and as formerly had bin done in Cases of like nature, according to the justice of the House, and the Committee to be under a command of secrecy as formerly, and further in Our Name to aske liberty, to adde and alter if there should be cause, according to justice: and likewise to desire that Our said House of Peers would take care of the incuring of the said persons as in justice there should be cause: We doe further declare that Our said Attourney did not advise or contrive the said Articles, nor had any thing to doe with, or in advising any breach of Priviledge that followed after and for what he did in obedience to our commands, We concieve hee was bound by Oath, and the duty of his place and by the trust, by us reposed in him so to doe; and had he rufused to obey Us therein, Wee would have questioned him for breach of oath, duty and trust.
But now having declared, that we find cause wholly to disist from preceeding against the persons accused. Wee have commanded him to proceed no further therein, nor to produce nor discover any proofe concerning the same.
Given at Royton, the fourth of March. 1642.
concerning such persons as are appointed for the gatehring of such summes of mony in London, as is intended for the reducing of the Rebels in Rieland &c.
The Lords and Commons being deeply sensible to the unspeakable calamities, which his Majesties good Subjects of the Kingdome of ireland do now suffer by barbarous cruelties, and massacres of the Rebrls there, and conceving these printed Propositions herewith sent (being ratified by his Majesties Royall Assent, and the unanimous approbation of both Houses of Parliament) doe undoubtedly tend, to the speedy and effectuall reducing of those bloody Rebels, the propagation of the Protestant Religion, the augment of the greatnesse, and Revenuew of the Crowne of England, and the establashing of an happy and firme peace for the future in his Majesties three Kingdomes, And all this to bee effected (by Gods gracious assistance) without the generall charge of the Subjects and to the great advantage of those that shall under-write, have thought fit to require you to publish these pinted Propositions and Instructions at this Lent Assizes, to the intent, that all his Majesties good people within your County, may take notice of the benifit they may receive by under writing in due time and that so many of them then present and willing to subscribe, may give up a note of their names; summes, and Dates of their Subscriptions to you, to be entred in the paper booke, mentioned in the printed Instructions, which is forthwith to be sent unto you; And you are [There are about six mising words here on my compy] Lent Assizes (if they be not past) by the advise and assistance of the Justices of Peace for your County then present, to appoint certaine dayes and places, most convenient for this service, when, and where you selfe, and the Justices of Peace within each division will be present to receive the names, summes, and times of subscription of such of his Majesties well-affected Subjects within your County, as shall not have subscribed at this Lent Assizes, their names; summes, and times of subscription to be likewise entred into the Paper booke. And if this be come to your hands after the Assizes; then to appoint such times and places, as may best speed this service.
And further, your selfe and the Justices of peace, the Ministers of Gods Word, and persons of quality within our County, are hereby earnestly desired to shew themselves active, and exemplary in advancing this great and pious worke, as a service tending so much to the glory of God, the honour and profit of his Majesty, and the peace and tranquility of his threee Kingdomes for the future.
And you are likewise to informe those that shall under-write, that the Act of Parliament (which his Majesty hath promised to passe for the settling of those two Millions and halfe of Acres) is already in hand, and that the Lands are to be divided so indifferently by lot amongst them that under-write, that no one man whatsoever shall have more respect or advantage than another in the divison.
And Lastly, you are to give the speedy accompt to the parliament of your proceedings herein, and of those that doe really advance this service; Thus not doubting of your utmost care and diligence herein, wee bid you heartily farewell.
Your loving Freind.
March 5, 1641.
It is this day ordered by the Lords and Commmons in Parliament, that John Warner, John Towes, Thomas Andrews, Aldermen, and Lawrence Hulsted Esquire, or any two of them shall receive all such subscriptions and summes of mony as shall be subscribed, and paid in according to be printed Propositions made for the speedy reducing of the Rebels of Ireland, and assented unto by his Majesty and both Houses of Parliament, and are daily to attend that service at the Chamber of London, at eight of the clocke till eleven in the forenoone, and from two of the clock till sixe in the afternoon, and it is further ordered, that this order shall be forthwith printed and published.
The Declaration wherein the House of Commons give their reasons for the jealousies that they had, and feare of dangers, was sent up to the Lords, and passed there by the greater part of them. After it was passed, foure of the lords, and eight of the house of Commons were appoynted to carry it to morrow to his Majesty, and also to invite him to come to London; and withall liberty was granted for them to speake as occasion should bee offered by the King, what they thought meet. The foure Lords were the Earle of Pembrooke, the Earles of Holland, the Lord Dunsmore, and the Lord Seimor The eight Commons were, Mr, Fines, Sir Philip Stapleton, Sir William Lewis, Sir Wiloliam Litton, Sir Henry Moldmay, Sir Simon Munford, Sir John Pots, Sir William Strickland.
Sundry Irish Commanders taken in a Bark, comming from France, and by the tempest forced into a creek in the west Countrie, were brought up to London, and committed to New-gate.
Most part of this day was spent about the book of Rates of things exported out of the Land and imported into it.
While the Committees of the house of Commons, with the Committees for the Scots were fitting together, Sir David Cunningham came from Scotland, and certified, that their Kingdome was very well setled, and well affected to our Parliament, and that the incendiaries that were there, and such as were feared to plot feerce matters were so brought down as they were not able to doe any thing. Withall he certified, that the 2500 souldiers went to Ireland Friday was fortnight.
A letter from Ireland was read in the House of Commons, which certified, that Drohedagh being hard besieged by the Rebells, and they by their long siege brought to such straights, as they were forced to eate horses; the Commander of the City incouraged the souldiers that were there to sally out, and there upon they slue abouve 60 of them, put the rest to flight, brought in good store. [missing text of no more than a line, which talks of Oxen and sheep]
On Tuesday March 8,
The House of Commons made a review of their answer, which they sent to the Kings laast Message about the Militia.
Serjeant Wild, and others of the House of Commons were sent up to the Hose of Lords, to lay the charge agains Mr. Atturney, whose charge was not of Treason; but high misdemeanor. Mr. Attruney desired Counsell to answer: It was replyed, that the accusation laid to his charge, being matters not of Law, but of Fact, and against the priviledged of the House, he was not to have Counsell, but to answer himselfe viva voce.
There was a Letter, which the King wrote to the Lord Keeper, and by him communicated to the Lords, the particulars whereof is specified at large in the second page of this Book.
Colonell Francis Edwards being questioned about words that he spake last Friday against the King and the Parliament, answered, that he remembered not any such words: but would not deny but that he might speake them; but yet said, that if he spake them, it was in drink. This answer satisfied not the House but he was committed.
Souldiers that are in Ireland sent a complaint to the Parliament, that the Treasurer that was to pay them their wages, tooke sixe pence in a pound from them: which complaint the Parliament observing to be very just, Ordered that the Souldiers should have their full pay, and that the Treasurer could be otherwise considered for his paines about the money.
On Thursday March the 10.
The House of Commons sent up to the Lords, that they would bee pleased to subscribe to the Million, as they themselves were willing to doe, and that for example sake. The Dutch Merchants desired to underwrite two hundred thousand pounds. Upon debate it was voted, that they should have liberty to underwrite one hundred thousand pounds, if they did it within a time prescribed, and that the whole Million were not before subscribed by English the Scots.
According to the Order that was made yesterday, to send for Doctor Browne upon that which was informed against him, a messenger was this day despatched away for him.
Information was this day given unto the House that some of the Kings Printers were sent for to goe unto Yorke, and that they were picking up their Presses and preparing themselves for tat journey.
Whereas a motion had formerly beene made concerning a Lecturer to be settled at Branford, the Parishioners Petitioned for one Mr. Hinderson to be their Lecturer, the House referred the consideration therof, to the choise of the Parishioners.
Dr. Burgesse and Mr. Asli are appointed to preach before the House of Commons at the next fast. Much time was also this day spent about the Booke of Rates, yet is it not finished, for they went but to the letter O.
The House of Commons ordered that after the publike businesses of this Land and Ireland are ended, they shall come together again according to their ancient custome, at 8. a clock in the morning, and sit till 12, and that private Committees shall sit in the after-noone for particular businesses, as they were wont formerly to doe.
There was a great dispute in the House of Commons about Generalls for the Navy under the Lord Admirall, in case he should not bee well, or not otherwise able to goe in his owne person, and the question was, whether there should be three, or only one reasons for three were rendred, that there would bee imployment sundry wayes, as to keepe the seas at Dunkirk, to keepe them likewise about the entring into Ireland, and for other Services: but it was concluded that one was suficient, power being given unto him, to choose others under him. The Earl of Warwick was the particular man that was chosen to be General, Lord High Admirall.
the 9. of March, when they presented the Declaration of both Houses of Parliament at New-Market.
I am confident that you expect not that I should give you a speedy Answer to this strange and unexpected Declaration: and I am sorry (in the distraction of this Kingdome) you should think this way of addresse to be more convenient, than that proposed by my Message the twentieth of January last to both Houses.
As concerning the grounds of your fears & jealousies, I wil take time to answer particularly, and doubt not but I shall doe it to the satisfaction of all the world: God in his good time will, I hope, discover the secrets and bottoms of all Plots and Treasons, and then I shall stand right in the eyes of all my people. In the meane time I must tell you, that I rather expected a vindicaton for the imputation laid on me in Mr. Pyms Speech, than that any more generall rumours and discourses should get credit with you.
For my feares and doubts, I did not think they should have beene thought so ground lesse, or triviall, whilst so many seditious Pamphlets, and Sermons are looked upon, and so great Tumults are remembred unpunished, uninquired into. I still confesse my feares, and call God to witnesse, that they are greater for the true Protestant profession, My people and Lawes, than for My owne Rights and Safety. Though I must tell you, I conceive, that none of these are free from danger.
What would you have? Have I violatd your Lawes? Have I denyed to passe any one Bill for the ease and security of my Subjects? I doe not aske what you have done for me?
Have any of my people beene transported with feares and apprehensions? I have offered as free and generall a pardon as your selves could devise.
All this considered, there is a judgement from heaven upon this Nation, if these distractions continue.
God so deale with me and mine, as all my thoughts and intentions are upon right, for the maintenance of the Protestant Profession, and for the observation and preservation of the Lawes of this Land, and I hoope God will blesse and assist those Lawes for My Preservation.
As for the additionall Declaration, you are to expect an Answer to it, when you shall receive the Answer to the Declaration it selfe.
A Declaration of both Houses of Parliament.
The infinite mercy, and providence of the Almighty god hath been aboundantly manifested since the beginning of this Parliament, in great variety of protections and blessings whereby hee hath not onely delivered us from many wicked Plots, and designes, which if they had taken effect would have brought ruine, and destruction upon this Kingdome; but out of those attempts hath produced diverse evident, and remarkable advantages to the furtherance of those services, which we have beene desirous to performe to our Soveraigne Lord the King, and to this Church and State in providing for the publique peace, and prosperity of his Majesty, and all his Realmes: which in the presence of the same all-seeing deity, we protest to have been, and still to be the onely end of all our counsells and endeavours, wherein we have resolved to continue freed, and inlargede from all private aimes, personall respects or passions whatsoever.
In which resolution we are nothing discouraged, although the heads of the malignant party disappointed of that prey, the Religion and liberty of this Kingdome, which they were ready to seise upon, and devour before the beginning of this Parliament, have still persisted by new practises, both of force and subtility, to recover the same againe: for which purpose they have made severall attempts for the bringing up of the Army; they afterwards projected the false accusation of the Lord Kimbolton, and the five members of the House of Commons, which being in it selfe of an odious nature, they yet so farre prevailed with his Majesty as to procure him to take it upon himselfe, but when the unchangeable duty and faithfulnesse of the Parliament could not bee wrought upon by such a fact as that, to withdraw any part of their reverence and obedience from his Majesty, they have with much art, and industry advised his Majestie to suffer divers unjust scandalls, and imputations upon the Parliament, to be published in his name, whereby they might make it odious to the people, and by their helpe to destroy that, which hitherto hath been the onley meanes of their owne preservation.
For this purpose they have drawn his Majesty into the Northerne parts far from the parliament, that so false rumours might have time to get credit, and the just defences of the Parliament finde a more tedious, difficult, and disadvantagious accesse, after those false imputations and slanders had been first rooted in the apprehension of his Majesty, and his Subjects, which the more speedily to effect, they have caused a Presse to be transported to yorke, from whence severall papers, and writings of that kinde are conveyed to all parts of the Kingdome, without the authority of the great seale, in an unusuall and illegall manner, and without the advice of his majesties Privy Counsell, from the greater, and better part whereof having withdrawne himselfe, aswell as from his great Councell or parliament, he is thereby exposed to the wicked and unfaithfull councells of such as have made the wisdome, and justice of the Parliament dangerous to themselves, and this danger they labour to prevent by hiding their owne guilt, under the name and the shadow of the King: infusing into him their owne feares, and asmuch as in them lies, aspersing his royall person and honour with their owne infamy, from both which it hath alwayes been as much the care as it is the duty of the Parliament, to preserve his Majesty, and to fix the guilt of all evill actions and counsells, upon those who have been the authors of them.
Amongst divers writings of this kinde, wee the Lords and Commons in parliament, have taken into our consideration two printed papers; the first containing a declation which they received from his Majestie in answer of that which was presented to his Majesty from both Houses of Parliament at Newmarket the ninth of March. 1641. The other his Majesties answer to the petition of both houses presented to his Majesty at Yorke the 26 of March. 1642. Both which are filled with harsh censures, and causeleffe charges upon the Parliament concerning which we hold it necessary to give satisfaction to the Kingdome, seeing we find it very difficult to satisfy his Majesty, who to our great griefe, we have found to be so ingaged to, and possessed by those misapprehensions which evill conselleors have wrought in him, that our most humble and fitfull Remonstrances, have rather irritated and imbittered, then any thing allayed or mitigated the sharpe expressions which his Majesty hath been pleased to make in answer unto them, for the manifestation whereof, and of our owne innocency, wee desire that all his Majesties loving subjects may take notice of these particulars.
We know no occasion given by us which might move his Majesty to tell us that in our declaration presented at Newmarket, these were some expressions different from the usuall language to Princes.
Neither did we tell his Majesty either in words or in effect, that if he did not joyne with us in an Act which his Majesty conceived might prove prejudiciall, and dangerous to himselfe, and the whole kingdome, we would make a Law without him, and impose it upon the people. That which we desired, was, that in regard of the imminent danger of the Kingdome, the Militia, for the security of his Majesty, and his people, might be put under the command of such noble and faithull persons, as they had all cause to confide in, and such was the necessity of this preservation, that we declared, that if his Majesty should refuse to joyne with us therein, the two Houses of parliament being the supreame Court and highest councell of the kingdome, were enabled by their owne authority to provide for the repulsing of such imminent, and evident danger, not by any new Law of their owne making as hath been untruly suggested to his Majesty, but by the most antient Law of this Kingdom, even that which is funamentall and essentiall to the constitution and subsistance of it.
Although we never desired to encourage his Majesty to such replies as might produce any contestation betwixt him and his Parliament, of which wee never found better effect, then losse of time, and hindrance of the publique affaires; yet We have beene farre from telling him of how little value his words would be with us, much lesse when they are accompanied with actions of Love and Justice, His Majesty hath more reason to finde fault with those wicked counsellours, who have so often bereaved him of the honour, and his people of the fruit, of many gracious Speeches, which hee made to them. Such as those in the end of the last parliament; That in the word of a King, and as he was a Gentleman he would redresse the grievances of his peoople aswell out of Parliament as in it, were the searching the Studies and Chambers, yea, the Pockets of some, both of the Nobility, and Commons the very next day; The Commitment of Master Bellasis, Sir John Hoham, and Master Crew, the continued oppressions by Ship money, Coat and Conduct money, with the manifold imprisonments, and other vexations thereupon, and other ensuing violations of the Lawes and Liberties of the Kingdome, (all which were the effects of evill counsell, and aboundantly declared in our generall Remonstrance of the State of the Kingdome) actions of love and justice, suitable to such words as those.
As gracious was his majesties Speech in the beginning of this Parliament; That he was resolved to put himselfe freely, and cleerly upon the Love and affection of his English Subjects, whether his causelesse complaints and jealousie, the unjust imputations so often cast upon his Parliament, his deniall of their necessary defence by the Ordinance of the Militia, his dangerous absenting himselfe from his great councell, like to produce such a mischievous division in the Kingdome have not beene more sutable to other mens evill counsells then to his owne words, will easily appeare to any indiffernet Judgement.
Neither have his latter speeches beene better used, and preserved by these evill and wicked counsellors: could any words be fuller of Love, and Justice then those in his answer to the Message sent, to the house of Commons the 31st of December 1641. We doe engage unto you solemnly the word of a King that the security of all, and every one of you from violence, is and ever shall be as much our care, as the preservation of Us and our children, and could any actions be fuller of injustice and violence then that of the Attorney generall, in falsely accusing the six members of Parliament, and the other proceedings there upon, within three or fower dayes after that Message, for the full view whereof let the declaration made of those proceedings be perused, and by those instances (we could ad many more) Let the world Judge, who deserves to be taxed with desvaluewing his Majesties Words, they who have as much as in them lies, staynd and sullied them with such fowle counsells, or the Parliament, who have ever manifested with joy, and delight their humble thankfulnesse for those gracious words, and actions of love, and justice, which have been conformable thereunto.
The King is pleased to disavow the having any such evill Counsell or Counsellors as are mentioned in our Declaration to his knowledge, and we hold it our duty, humbly to avow there are such, or else we must say, that all the ill thngs done of late in his Majesties name, have beene done by himselfe, wherein we should neither follow the direction of the Law nor the affection of our owne hearts; which is as much as may be to cleere his Majsstie from all imputation of misgovernment, and to lay the fault upon his Ministers; the false accusing of six members of Parliament, the justifying Mr. Atturney in that false accusation, the violent comming to the house of Commmons, the deniall of the Militia, the sharpe Messages to both houses, countrary to the Customes of former Kings, the long and remote absence of his Majestie from Parlament; the heavy and wrongfull taxes upon both houses, the Cherishing and countenancing a discontented party in the Kingdome against them these certainly are the fruits of very ill Counsell, apt to put the kingdome into a Combustion, to hinder the supplies of Ireland, and to countenance the proceedings and pretententions of the Rebells there, and the Authors of these evill Counsells, we conceive must needs be knowne to his Majesty, and we hope our labouring with his Majesty, to have these discovered, and brought to a just censure, will not so much wound his honour in the opinoin of his good Subjects, as his labouring to preserve and conceale them.
And whereas his Majestie faith, he could wish tht his owne immediate Actions which he vowes on his owne honour, might not bee so roughly censure under that Common style of evill Counsellors: Wee could also heartily wish that we had not cause to make that stile so Common, but how often and undutifully soever these wicked Counsellors fix their diishonour upon the King, by making his Majesty the Authour of those evill actions, which are the effects of their owne evill Counsells; We his Majesties Loyall and dutifull subjects can use no other stile according to that Maxims in the Law, the King can doe no wrong, but if any ill be committed in matter of state, the Councell; if in matters of justice, the judges must answer for it.
We lay no charge upon his majestie, which should put him upon that apologie, concerning his faithfull and zealous affection of the protestant profession; Neither doth his Majestie endeavour to cleere those, in greatest authority about him, by whom (wee say) that designe hath been potently carried on for divers yeares, and we rather with that the mercies of heaven then the judgements may be manifested upon them, but that there have beene such, there are so plentifull and frequent evidences, that we beleeve there is none either protestant or Papist, who hath had any reasonable view of the passages of latter times, but either in feare or hope, did expect a suddaine issue of this designe.
We have no way transgressed against the Act of Oblivion, by Remembring the intended warre against Scotland, as a Branch of that designe to alter religion, by those wicked Councells, from which God did then deliver us, which we ought never to forget.
That the Rebellion in Ireland was framed and cherisht by the Popish and Malignant party in England, is not only affirmed by the Rebells, but may be cleered by many other proofes; The same Rebellious principles of pretended Religion, the same politique ends are apparant in both, and their malitious designes and practices are maskt, and disguised with the same false coulour of their earnest zeale to vindicate his Majesties prerogative from the supposed oppression of the Parliament, how much these treacherous pretences have beene countenanceed by some evill councell about his Majestie may appeare in this, that the Proclamation, whereby they were declared traytors was so long withheld as to the second of January, though the Rebellion broake forth in October before, and then no more but forty Coppies appointed to be printed, with a speciall command from his Majestie not to exceed that number, and that none of them should be published till his Majesties pleasure were further signified, as by the warrant appeares, a true Coppie whereof is here unto added, So that a few only could take notice of it, which was made more observeable, by the late contrary proceedings against the Scots, who were in a very quick and sharpe manner proclaimed, and those proclamations forthwith dispersed, with as much diligence as might bee thorow all the Kingdome, and ordered to bee read in all Churches, accompanied with publique prayers and execrations; another evidence of favour, and countenance to the Rebells in some of power about this Majestie is this, that they have put forth in his Majesties name, a causlesse complaint against the Parliament; which speaketh the same language of the Parliament which the Rebells doe, thereby to rise a beleefe in mens mindes, that his majesties affections are alienated, as well as his person is removed from that his great councell, All which doth exceedingly retard the supplies of ireland, and more advance the proceedings of the Rebells, then any Jealousie or misapprehension begotten in his subjects, by the declaration of the Rebells, Injunction of Rossetti, or information of Trestram Whitcombe, so that considering the present state and temper of both kingdomes, his Royall presence is farre more necessary here, then it can be in Ireland, for redemption or protection of his Subjects there.
And Whether there be any cause of his Majesties great indignation for being reproch'd to have intended force or threatening to the parliament: We desire them to consider who shall read our declaration in which there is no word tending to any such reproach, and certainly wee have beene more tender of his Majesties honour in this pooint, then hee whoesoever he was that did write this declaration, where in his Majseties name, hee doth call God to witnesse, hee never had any such thought or knew of any such resolution of bringing up the Army, which truly, will seeme strange to those, who shall read the deposition of Master Goring, Information of Master Percie, and divers other examinations of Master Wilmot; Maser Pollard and others, the other examination of Captaine Legg, Sir Jacob Ashley, Sir John Connyers, and consider the condition and nature of the Petition, which was sent unto Sir Jacob Ashley, under the approbation of C.R. which his Majesty doth now acknowldedge to bee his owne hand, and being full of scandall to the Parliament, might have proved dangerous to the whole kingdome, if the Army should have interposed betwixt the King and them, as was desired.
We doe not affirme that his Majesties warrant was granted for the passage of Master Jermine, after the desire of both houses for restraint of his Servants, but only that he did passe over after that restraint by vertue of such a warrant. We know the warrant beares date the day before our desire, yet it seemes strange to those who know how great respect and Power Mr. jermine had in Court, that he should beginne his journey in such hast, and in apparrell so unfit for Travaile, as a black Sattin suit, and white Bootes, if his going away were designed the day before.
The Accusation of the Lord Kimbolton, and the five members of the house of Commons is called a breach of priviledge, and truly so it was, and very high one, farre above any satisfaction that hath beene yet given, how can it be said to be largely satisfied, so long as his Majestie laboured to preserve Mr. Attorney from punishment; who was the visible Actor in it, so long as his majestie hath not only justified him, but by his letter declared, that it was his duty to accuse them, and that hee would have punisht him, if he had not done it, So long as those members have not the meanes of cleering their Innocency, and the Authors of that malitious charge undiscovered, though both houses of Parliament have severall times petition his Majestie to discover them, & that not only upon grounds of Common Justice, but by Act of Parliament; his Majestie is bound to doe it, so long as the King refuseth to passe the Bill for their discharge, alleadging that the narrative in that Bill, is against his honour, whereby hee seemes still to avow the matter of that false, and scandalous accusation, though he deserts the prosecution, offering to passe a Bill for their acquitall, yet with intimation that they must desert the avowing their owne innocency, which would more wound them in honour, then secure them in Law.
And in vindication of this great priviledge of parliament, wee doe not know that wee have invaded any privilidge belonging to his Majestie, as is alleadged in this declaration.
But we looke not upon this only in the Notion of a breach of priviledge, which might be, though the accusation were true, or false, but under the Notion of a haynous crime, in the attorney and all other Subjects, who had a hand in it, a Crime against the law of nature, against the rules of justice, that innocent men should be charged with so great an offence as Treason, in the face of the highest judicatory of the Kingdome, whereby their lives and estates, their bloud and honour are endangered, without witnes, without evidence, without all possibility of reparation, in a Legall Course, yet a crime of such a nature, that his Majesties command can no more warrant, then it can any other Act of Injustice. it is true that those things which are evill in their owne nature, such as a false testimony or false accusation, cannot be the Subject of any Command, or induce any obligation of obedience upon any man, by any authority whatsoever, therefore the Atturney in this case, was bound to refuse to execute such a command, unlesse he had had some such evidence or Testimony as might have warranted him against the parties, and be lyable to make satisfaction if it should prove false, and it is sufficiently knowne to every man, and adjudged in Parliament, that the King can be neither relater, informer nor witnesse, if it rest as it is without further sarisfaction, no future Parliament can be safe, but that the members may bee taken, and destroyed at pleasure, yea the very principles of governement, and justice wil bee in danger to bee dissolved.
We doe not conceive that numbers doe make an assemblie unlawfull, but when either the end or manner of their Carriage, shall be unlawfull, divers just occasions might draw the Citizens to Westminster, where many publique and private Petitions, and other Causes were depending in Parliament, and why that should bee found more faultie in the Citizens, then the resort of great numbers every day in the tearme to the ordinary Courts of Justice we know not; that those Citizens were notoriously provoked and assaulted at Westminster, by Colonell Limsford, Captaine Hide, with divers others, and by some of the servants of the Arch Bishop of Yorke is sufficiently proved, and that afterward they were more violently wounded and most barbarously mangled with Swords by the Officers and Souldiers neere White-Hall, many of them being with out weapons, and giving no cause of distast, as is likewise proved by severall testimonies, but of any scandalous or seditious misdemeanors of theirs, that might give his Majesty good cause to suppose his own person or those of his Royall Consort, or Children to be in apparant danger, we have had no proofe ever offered to either house, and if there had been any complaint of that kinde; it is noe doubt the houses would have beene as forward to joyne in an order for the suppressing of such Tumults as they were, not long before upon another occasion when they made an order to that purpose, Whereas those Officers and Souldiers which committed that violence upon so many of the Citizens at Whitehall, were cherisht and fostred in his Majesties house, and when not long after, the Common councel of London presented a Petition to his Majesty, for reparaton of those injuries, his Majesties Answer was (without hearing the proofe of the complainants) that if any Citizen were wounded or ill intreated, his Majesty was confidently assured, that it happened by their owne evill and corrupt demeanors.
We hope it cannot be thought contrary to the duty and wisedome of a Parliament, if many concurring and frequently reiterated and renewed advertizements from Rome, Venice, Paris, and other parts, if the solicitation of the Popes Nuntio and our owne discontented fugitives, doe make us jealous and watchfull for the safety of the State, and we have beene very carefull to make our expressions thereof, so easie and so plaine, to the capacity and understanding of the people, that nothing might justly stick with them, with reflection upon the Person of his Majesty. Wherein We appeale to the judgement of any indifferent person, who shall read and peruse our owne Words.
We must maintiane the ground of our feares, to be of that moment, that we cannot discharge the trust and duty which lyes upon us, unlesse Wee doe apply our selves to the use of those meanes, to which the Law hath enabled us in cases of this nature, for the necessary defence of the Kingdom, and as his Majesty doth graciously declare the Law shall be the Measure of his power, so doe We most heartily professe, that We shall alwayes make it the rule of our obedience.
Prudent omissions in the Answer-
The next poynt of our Declaration was with much caution artificially passed over by him who drew his Majesties Answer, it being indeed the foundation of all our misery and his Majesties trouble, that he is pleased to heare generall taxes upon his Parliament, without any particular charge to which they may give satisfaction, & that he thath often conceived displeasure against particular persons upon misinformation, & although those informations have bin clearly proved to be false, yet he would never bring the accusers to question, which layeth an impossiblity upon honest men of clearing themselves, and gives incouragements unto false and unworthy persons to trouble him with untrue and groundlesse informations. Three particulars we mentioned in our Declaration, which the Penner of that Answer had good cause to omit the words supposed to be spoken at Kensington, the pretended Articles against the Queen, and the groundlesse accusation of the six Members of the Parliament, there being nothing to be said in defence or deniall of any of them.
Concerning his Majesties desire to joyne with his Parliament, and with his faithfull Subjects in defence of Religion, and publike good of the Kingdome; we doubt not but he will doe it fully when evill Counsellors shall be removed from about him, & untill that be as we shewed before of words, so must we also say of Lawes, that they canot secure us; witnesse the Petition of right, which was followed with such an inundation of illegall taxes that we had just cause to thinke that the payment of eight hundred and twenty thousand pounds was an easie burthen to the Common-wealth in exchange of them, and we cannot but justly thinke that if there be a continuance of such ill Counsellors and favour to them, they will by some wicked device or other, make the Bill for the Triennial Parliament, and those other excellent Lawes mentioned in his Majesties Declaration, of lesse value then words.
That excellent Bill for the continuance of this Parliament was so necessary, that without it we could not have raised so great sums of mony for the service of his Majesty & the Common-wealth as we have done, and without which the ruine and destruction of the Kingdom must needs have followed. And we are resolved, the gracious favour of his Majesty expressed in that Bill, and the advantage and security which thereby we have from being dissolved shall not incourage us to doe anything, which otherwise had not beene fit to have beene done. And we are ready to make it good before all the world, that although his Majesty hath passed many Bills very advantagious for the Subject, yet in none of them have we bereaved his Majesty of any just, necessary, or profitable Prerogative of the Crowne.
We so earnestly desire his Majesties returne to London; that upon it, we conceive depends the very safety and being of both his Kingdomes. And therefore we must protest, that as for the time past, neither the government of London, nor any Lawes of the Land, have lost their life and force for his security; So for the future, we shall be ready to doe or say anything that may stand with the duty or honour of the Parliament, which may raise a mutuall confidence betwixt his Majesty and us, as wee doe wish, and as the affaires of the the Kingdome doe require.
Thus far the Answer to that which is called his majesties Declaration hath led us, now we come to that which is Intituled his Majesties Answer to the Petition of both houses, presented to him at Yorke the 26 of March, 1642. In the beginning whereof, his Majesty wisheth that our Priviledges on all parts were so stated, that this way of correspondency might be preserved, with that freedome which hath beene used of old; we know nothing intorduced by us, that gives any impediment here unto, neither have we affirmed our Priviledges to be broken, when is Majesty denies us any thing, or gives a reason why he cannot grant it, or that those who advised such deny all were enemies to the peace of the Kingdome, and favourers of the Irish Rebellion, in which aspersion, that is turned into a general asersion, which in our Votes is applyed to the particular case, wherefore we must maintaine our Votes, that those who advised his Majesty to contradict that which in both Houses in the Question concerning the Militia, had declared to be Law, and command it should not be obeyed, is a high breach of priviledge, and that those who advised his Majesty to absent himselfe from his parliament, are enemies to the peace of the Kingdome, and justly to be suspected to be favourers of the Rebellion in Ireland the reasons of both are evident, because in the first, there is a great a derogation from the trust and authority of Parliament; and in the second, as much advantage to the proceedings and hopes of the Rebels, as may be, and we hold it a very causelesse imputation upon the Parliament, that we have herein any way impeacht, much lesse taken away the freedome of his Majesties Vote, which doth not import a liberty for his Majesty to deny anything, how necessary soever for the preservation for the Kingdome, much lesse a Licence to evill Counsellors, to advise any thing though never so destructive to his Majesty, and his people.
By the Message of the twentieth of January, his Majesty did propound to both Houses of Parliament, that they would with all speed fall into a serious consideration of all those particulars which they thoght necessary as well for the upholding and maintaining his Majesties just and Regall authority, and for the setling his Revenue, as for the present and future establishing our Priviledges, the free and quiet enjoying our estates, the Liberties of our Persons, the security of the true Religion professsed in the Church of England, and the setling of Ceremonies in such a manner as may take away all just offence, and to digest it into one entire body.
To that point of upholding and maintaining his Royall authority, We say nothing hath been done to the prejudice of it, that should require any new provision; To the other of setling the revenue, the Parliament hath no way abridged or disordered his just revenue, but it is true that much wast and confusion of his Majesties estate hath beene made by those evill and unfaithfull Ministers whom he hath impolyed in the managing of it, whereby his owne ordinary expences would have been disappointed, and the safety of the Kingdome more endangered, if the Parliament had not in some meassure provided for his household, and for some of the Forts, more then they were bound to doe, and they are still willing to settle such a revenue upon his Majestie as may make him live Royally, Plentifully and safely , but they cannot in wisdome and fidelity to the Common-Wealth, doe this, till he shall chuse such Counsellours and Officers as may order and dispose it to the publicke good, and not apply it to the ruine and destruction of his people as heretofore it hath beene, but this and the other matters concerning Our selves, being workes of great importance, and full of intricacie, will require so long a time of deliberation, that the Kingdome might be ruined before Wee should effect them, wherefore We thought it necessary, first to be suitors to his Majestie so to order the Militia, that the Kingdome being secured, Wee might with more ease and safety apply our selves to the debate of that Message wherein We have beene interrupted by his Majesties denyal of the Ordinance concerning the same, because it would have beene in vaine for Us to labour in other things, and in the meane time to leave our selves naked to the malice of so many enemies, both at home and abroad, yet We have not beene altogether negligent of those things which his Majestie is pleased to propound in that Message, We have agreed upon a Booke of Rates in the larger Proportion then hath been granted to any of his Majesties Predecessors, which is a considerable support of his Majesties publicke charge, and have likewise prepared divers Propositions and Bills for the preservation of our Religion and liberties, which Wee intend shortly to present to his Majestie, and to doe whatsoever is fit for Us to make up this unpleasant breach etwixt his Majestie and the Parliament.
Whereas divers exceptions are here taken concerning the Militia, first, that his Majestie never denyed the thing, but accepted the persons, (except for Corporations) onely that he denyed the way, to which We answer, that that exception takes off London, and all other great Townes and Cities, which makes a great part of the kingdome, and for the way of Ordinance it is antient, more speedy, more easily alterable, and in all these and other respects, more proper and more applicable to the present occasion, then a Bil, which his Majestie calls the only good old way of imposing upon the subjects, It should seeme that neither his Majesties Royall Predecessors, nor our Ancestors, have heretofore beene of that opinion, 37 Ed. 3 - Wee find this Record the Chauncelour made declaration of the Challenge of the Parliament, the king desires to know the griefes of his Subjects, and to redresse inormities, The last day of the Parliament the King demanded of the whole Estates, whether they would have such things as they agreed on, by way of Ordinance or Statute, who Answered by way of Ordinance, for that they might amend the same at their pleasures, and so it was.
But his Majestie objects further, that there is somewhat in the preface, to which he could not consent with Justice, to his honour and innocence, and that thereby he is excluded from any power in the disposing of it: these objections may seeme somewhat, but indeed will appeare nothing when it shall be considered, that nothing in the Preamble liyes any charge, upon his Majestie, or in the body of the Ordincance, that excludes his Royall Authority in the disposing or execution of it, But onely it is provided that it should be signified by both houses of Parliament, as that channell through which it will be best derived, and most certainely, to those ends for which it is intended, and let all the world judge, whether Wee have not reason to insist upon it, that the strength of the kingdome should rather be ordered according to the disection or advice of the great Councell of the Land, equally intrusted by the King and by the Kingdome, then that the safety of the King, Parliament and Kingdome should bee left at the devotion of the few unknowne Consellours, many of them not intrusted at all by the King in any pupblike way, nor at all confided in by the Kingdome.
We wish the danger were not imminent, or not still continuing, but cannot conceive that the long time spent in this debate is evidence sufficient, that there was no such necessity or danger, but a Bill might easilie have bin prepared,, for when many causes doe concure to the danger of the State, the interruption of any one may hinder the execution of the rest, and yet the designe be still kept on foot for better oportunities: who knowes whether the ill successe of the Rebels in Ireland hath not hindred the insurrection of the papists here? whether the preservation of the six Members of the parliament, falsely accused hath not prevented the plot of the breaking the neck of the Parliament, of which we were informed from France not long before they were accused? yet since his Majesty hath bin pleased to expresse his pleasure, rather for a Bill then an Ordinance, and that he sent in one for that purpose, wee readily entertained it, and with some small and necessary alterations, speedily passed the same: But contrary to the custome of Parliament, and our expections grounded upon his Majesties owne invitation of us to that way, and the other reasons manifested in our Declaration, concerning the Militia, of the fifth of May, instead of his Royall assent, we met with an absolute refusall.
In the matter of these our Votes. 15, and 16 of March, be according to Law, we hope his Majestie will allow the Subjects to be bound by them because he hath said he will make the Law the Rule of his Power, and if the question be whether that bee Law which the Lords and Commons have once declared to be so, who shall be the judge? Not his Majesty, for the King indgeth [possbibly from indegate, meaning to investigate] not of matters of Law, but by his Courts, and his Courts, though fitting by his authority, expect not his Assent in maters of Law, nor any other Courts, for they cannot judge in that case because they are inferiour, no appeale lying to them from Parliament, the judgement whereof is in the eye of the Law, the Kings Judgement in his highest Court, though the King in his person be neither present nor assenting therunto.
The Votes at which his Majesty takes exceptons are these
That the King's absence so far remote from the Parliament, is not onely an obstruction, but may be a destruction to the Affairs of Ireland.
That when the Lords and Commons shall declare what the Law of the Land is, to have this not onely questioned, and controverted, but contradicted, and a command that it should not be obeyed, is a high breach of the priviledge of Parliament.
That those persons that advised his Majesty to absent himselfe from the Parliament, are enemies to the Peace of the Kingdome and justly may be suspected to be favourets of the Rebellion in Ireland.
That the Kindgome hath bin of late, and still is in so eminent danger both from enemies abroad, and the Popish and discontented partie at home, that there is an urgent and inevitable necessity of putting his Majesties subjects into a posture of defence, for the sefeguard both of his Majesty, and his people.
That the Lords and Commons fully apprehending this danger, and being sensible of their owne duty, to provide a sutable prevention, have in severall Petitions addressed themselves to his Majesty, for the ordering and disposing of the Militia of the Kingdome, in such a way as was agreed upon by the wisedome of both Houses, to be most effectuall and proper for the present exigents of the Kingdome, yet could not obtaine it, but his Majestie did severall times refuse to give his Royall Assent thereutnto.
That in this case of extreame danger, and his Majesties refusall the Ordinance of Parliament agreed upon by both Houses for the Miliia, doth obliege the people, and ought to be obeyed by the fundamentall Lawes of this Kingdome.
By all which it doth appeare that there is no Colour of this Tax, that we goe about to intorduce a new Law, much lesse to exercise an arbitrary power, but indeed to prevent it, for this Law is as old as the kingdome. That the Kingdome must not be without a meanes to preserve it selfe, which that it may be done without confusion, this nation hath intrusted certaine hands with a Power to provide in an orderly and regular way, for the good and safety of the whole, which power, by the Constitution of this Kingdome, is in his Majesty, and in his Parliament together, yet since the Prince being but one person, is more subject to accidents of nature and chance, whereby the Common Wealth may bee deprived of the friut of that trust which was in part reposed in him, in cases of such necessity, that the Kingdome may not bee inforced presently to returne to its first principles, and every man left to do what is aright in his own eyes, without either guide or rule, The Wisedome of this State hath intrusted the Houses of parliament with a power to supply what shall be wanting on the part of the Prince, as is evident by the constant custome and practice thereof, in cases of nonage, naturall disability, and captivity, and the like reason doth and must hold for the exercise of the same power in such cases, where the Royall trust cannot be, or is not dischared, and that the Kingdome runs an evident and imminent danger thereby; which danger, having beene declared by the Lords and Commons in Parliament, there needs not bee authority of any person or Court to affirme; nor is it in the power of any person or Court to revolve that judgement.
We know the King hath wayes enough in his ordinary Court of justice to punish such seditious Pamphlets and Sermons as are any way prejudiciall to his Rights, Honour, & authority; and in any of them have beene so insolently violated and vilified, his Majesties owne Councell and Officers have been too blame, and not the Parliament; we never did restraine any proceedings of that kind in other Courts, nor refused any fit complaint to us. The Protestation Protested was referred by the Commons House to a Committee, and the Author being not produced, the Printer committed to prison, and the Booke voted by that Committee, to be burnt; but Sir Edward Deering who was to make that report of the Votes of that Committee, neglected to make it; The Apprentized Protestation was never complained of, but the other seditius Pamphlet, To your Tents oh Israel was once questioned and the full prosecution of it was not interrupted by any fault of either house, whose forwardnesse to doe his Majesty all right, therein may plainely appeare, in that a Committeee of Lords and Commons was purposely appoynted to take such informations as the Kings Councell should present, concerning seditious words, practises or tumults, Pamphelets or Sermons, tending to the deregation of his Majesties Rights, or Prerogative; and his Councell were enjoyned by that Committee, to enquire and present them, who severall times met thereupon, and received this Answer and Declaration from the Kings Councell, that they knew of no such thing as yet.
If his Majesty had used the service of such a one in penning this Answer, who understood the Lawes, and government of this Kingdome, hee would not have thought it legally in his power to deny his Parliament a guard, when they stood in need of it, since everie ordinary Court hath it; neither would his Majestie, if he had beene well informed of the Lawes, have refused a guard as they desired, it being in the power of inferior Courts to command their owne guard, neither would he have imposed upon them such a guard under a Commander, which they could not confide in; which is clearely against the Privilidges of Parliament, and of which they found very dangerous effects, and therefore desired to have it dicharged; But such a guard and so commanded, as the houses of Parliament desired, they could never obtain of his Majestie, and the placing of a guard about them contrary to their desire, was not to grant a guard to them but in effect to set one upon them: All which considered, we beleeve in the judgements of any indifferent persons, it will not be thought strange if there were a more then ordinarie resort of people at Westminster, of such as came willingly of their own accord to be witnesses and helpers of the safetie of them whom all his Majesties good subjects are bound to defend from violence and danger; or that such a concourse as this, they carrying themselves quietly and peaceably (as they did) ought in his Majesties apprehension, or can in the interpretation of the Law, be held tumultuarie and seditions.
When his Majestie in that question of violation of the Laws had expressed the observation of them indefinitely without any limitation of time, although we never said or thought any thing that might look like a reproach to his Majestie, yet we had reason to remember that it had been otherwise; lest we should seem to desert our former Complaints and proceedings: thereupon as his Majestie doth seem but little to like or approve of them: for although he doth acknowledge here that great mischief that grew by that arbitrary power then complained of, yet such are continually preferred and countenanced as were friends or favourers, or related unto the chief Authours and Actors of that Arbitrarie Power, and of those false colours, suggestions of imminent danger and necessitie, whereby they did make it plausible unto his Majestie; and on the other side, such as did appeare against them are daily discountenanced and disgraced: which whilest it shall be so, we have no reason to judge the disease to be yet killed and dead at root; and therefore no reason to bury it in oblivion. And whilest we behold the Spawnes of those mischievous Principles, cherisht and fostered in that new generation of Councellours, friends and Abettors of the former, or at least concurring with them in their malignancie against the proceedings of this Parliament, we cannot think our selves secure from the like or worse danger.
And here the Penner of this Answer bestows an admonition upon the Parliament, bidding us to take heed we fall not upon the same suggestions: but he might have well spared this, till he could have shewed wherein we had exercised any power otherwise then by the rule of the Law, or could have found a more authentique or a higher judge in matters of Law, then the high Court of Parliament.
It is declared in his Majesties name, that he is resolved to keep the rule himself, and to his power to require the same of all others: we must needs acknowledge that such a resolution is like to bring much happinesse and blessing to his Majestie: and all his Kingdoms; yet with humilitie we must confesse, we have not the fruit of it, in that Case of my Lord Kimbolton, and the other five members accused contrary to Law, both Common Law, and the Statute Law, and yet remaineth unsatisfied; which Case was remembred in our Declaration as a strange and unheard of violation of our Laws: But the Penner of this Answer thought fit to passe it over, hoping that many would read his Majesties Answer, which hath been so carefully dispersed, which would not read our Declaration.
Whereas after our ample thanks, and acknowledgement of his Majesties favour in passing many good Bills, we said that truth and necessitie inforced us to add this, that in or about the time of passing these Bills, some designe or other hath been a foot; which if it had taken effect, would not onely have deprived us of the fruit of those Bils, but would have reduced us to a worse condition of confusion, then that wherein the Parliament found us. It is now told us, that the King must be most sensible of what we call upon hiim, for requitall of those good Bills, whereas out of our usuall Tendernesse of his Majesties honour, we did not mention him at all; but so injurous are those wicked Councellours to the name and Honour of their Master and Soveraigne, that as much as they can they lay their own infamy and guilt upon his Shoulders.
Here God also is called to witnesse His Majesties upright intentions at the passing of those Laws; this we will not question, neither did we give any occasioon of such a solemne asseveration as this is: The devill is likewise defied to prove there was any designe with His Majesties knowledge or privitie; This might well have been spared, for we spake nothing of his Majestie; but since we are so far taxed as to have it affirmed that we laid a notorious and false imputation upon His Majestie, we have thought it necessarie for the just defence of our own innocence, to cause the oaths and examinations which have been taken concerning the designe to be published in a full Narration, for satisfaction of all His Majesties subjects, out of which we shall now offer some few particulars, whereby the world may judge whether we could have proceeded with more tendernesse toward His Majestie then we have done. Master Goreing confesseth, that the King first asked him whether he were ingaged in any Caball concerning the Army and commanded him to joyn with Master Peircy and Master Jermyn, and some other whom they should find with in at Master Peircy's Chamber, where they took the oath of secrecie, and then debated of a designe propounded by Master Jermyn to secure the Tower, and to consider of bringing up the Army to London, and Captain Legg confessed, he had received the draught of a Petition in the Kings presence, and his Majestie acknowledgeth it was from His own hand; and whosoever reads the summe of that Petition, as it was proved by the Tessimony of Sir Jacob Ashley, Sir john Conyers, and Captain Legg, will easily perceive some points in it apt to beget in them some descontent against the Pa\rliament. And can any man beleeve there was no designe in the accusation of the Lord Kimbolton and the rest, in which His Majestie doth awow himself to be both a Commander and an Actor: these things being so, it will easily appear to be as much against the rules of Prudence, that the Penner of this Answer should entangle His Majestie in this unnecessarie Apologie; as it is against the rules of Justice, that any reparation from us should be either yeelded, or demanded.
It is professed in His Majesties name, that he is truly sensible of the Burthens of His people, which makes us hope that he will take that course which will be most effectuall to ease them of these burthens, that is, to joyn with his Parliament in preserving the peace of the Kingdom, which by his absence from them hath been much endangered, and wich by hindring the voluntarie Adventures for recovery of Ireland, and disabling the Subjects to discharge the great tax laid upon them, is like to make the war much more heavie to the Kingdom And for His Majesties wants, the Parliament have been no cuase of them we have not diminished His just Revenue, but have much eased His publique Charge, and somewhat his private. And we shall be readie, in a Parliamentary way, to settle His revenue in such an Honourable proportion, as may be answerable to both, when he shall put himself into such a posture of Government, that His subjects may be secure to enjoy His just protection, for their Religion, Laws, and Liberties.
We never refused His Majesties gracious offer of a free and Generall Pardon, onely we find it could be no securitie to our present fears and jealousies: And we gave a reason for it, that those fears did not arise out of any gulilt of our own Actions, but out of the evill designes and attempts of others; and we leave it to the world to judge, whether we herein have deserved so heavie a Tax and exclamation (that it was a strange world when Princes proffered favours are counted reproaches, such are the words of His Majesties Answer) who do esteeme that offer as an Act of Princely grace and bountie, which since this Parliament began we have humbly desired we might obtain and do still hold it very necessarie and advantagious for the generalitie of the Subject, upon whom these Taxes and Subsidies lie heaviest but we see upon every occasion how unhappie we are in His Majesties misapprehensions of our words and actions.
We are fully of the Kings mind as it is here declared, that he may rest so secure of the affections of His Subjects, that he should not stand in need of forraigne force to preserve him from oppression, and are confident that he shall never want an abundant evidence of the good wishes and assistance of His whole Kingdom, especially if he shall be pleased to hold to that gracious resolution of building upon that sure foundation, the Law of the Land: but why His Majestie should take it ill, that we having received informations so deeply concerning the safetie of the Kingdom, and should think them fit to be considered of, we cannot conceive; for although the name of the person was unknown, yet that which was more substantiall to the probabilitie of the Report was known (that is) That he was servant to the Lord Digby, who in his presumptuous Letter to the Queenes Majesty, and other Letters to Sir Lewis Dives, had intimated some wicked Proposition surable to that Information, but that this should require reparation, wee hold it as farre from Justice as it is from truth, that wee have mixt any malice with these rumours, thereby to feed the feares and jealousies of the People.
It is affirmed his Majestie is driven (but not by us yet) from us, perchance hereafter if there be opportunity of gaining more credit, there will not be wanting who will suggest unto his Majestie, that it is done by us. And if his Majestie were driven from us, wee hope it was not by his owne feares, but by the feaares of the Lord Digbie, and his retinue of Cavaliers, and that no feares of any Tumultuary violence, but of their just punishment for their manifold insolence and intended violence against the Parliament. And this is expressed by the Lord Digby himselfe, when he told those Cavaliers, that the principall cause of his Majesties going out of Towne was to save them from being trampled in the durt; but of his Majesties person there was no cause of feare in the greatest heate of the peoples indignation after the accusation, and his Majesties violent comming to the House, there was no shew of any evill intention against his Regall Person, of which there can be no better evidence then this, that he came the next day without a Guard into the Citie, where he heard nothing but Prayers and Petitions, no threatnings or irreverent speeches, that might give him any just occasion of feare, that wee have heard of, or that his Majestie exprest; for he stayed neare a weeke after at White Hall, in a secure and peaceable condition, whereby wee are induced to beleeve, that there is no difficultie nor doubt at all, but his Majesties residence neere London may be as safe as in any part of the Kingdome: We are most assured of the faithfulnesse of the Citie and Suburbes; And for our selves wee shall quicken the vigour of the Lawes, the industry of the Magistrate, the authoritie of Parliament, for the suppressing of all tumultuary insolencies whatsoever, and for the vindication of his Honour from all insupportable and insolent scandalls, If any such shall be found to be raysed upon him, as are mentioned in this Answer, and therfore wee thinke it altogether unnecessary and exceediing inconvenient to adjourne the Parliament to any other place.
Where the desire of a good understanding betwixt the King and the Parliament, is on both parts so earnest as is here profest of his Majestie to be in him, and wee have sufficiently testified to be in our selves, it seemes strange wee should be so long asundner, it can be nothing else but evill and malicious Councell, misrepresenting our carriage to him, and in disposing his favour to us, and as it shall be farre from us to take any advantage of his Majesties supposed straits, as to desire much lesse to compell him to that which his Honour or intenrest may render unpleasant and greivous to him, so wee hope that his Majestie will not make his owne understanding or reason the rule of his Government, but will suffer himselfe to be assisted with a wife and prudent Councell, that may deale faithfully betwixt him and his people; And that he will remember that his resolutions doe concerne Kingdomes, and therefore ought not to be moulded by his owne, much lesse by any other private person, which is not alike proportionable to so great a trust, and threfore we still desire and hope that his Majesty will not be guided by his owne understanding, or to thinke those Courses straights and necessities, to which he shall be advised by the Wisdome of both Houses of Parliament; which are the Eyes in this Politique Body, whereby his Majestie is by the Consititution of this Kingdome to discerne the differences of those things which concerne the publike peace and safetie thereof.
Wee have given his majestie no cause to say, that wee doe manly value the discharge of His publique dutie, whatsoever Acts of Grace or Justice have been done, they proceeded from his Majestie by the advice and Councell of his Parliament; yet wee have and shall alwayes answer them with constant gratitude, obedience, and affection; and although many things have been done since this Parliament of another nature, yet wee shall not cease to desire the continued protection of All mightie God upon His Majestie. And most humbly petition him to cast from him all those evill and contrary Councells which have in many particulars formerly mentioned, much detracted from the Honour of his Government, the happinesse of his owne Estate, and prosperitie of his people.
And having past so many dangers from abroad, so many Conspiracies at home, and brought on the publique worke so farre, through the greatest difficulties that ever stood in opposition to a Parliament, to such a degree of successe, that nothing seemes to be left in our way able to hinder the full accomplishment of our desires and endeavours for the publique good; unlesse God in his justice, doe send such a greivous Curse upon us, as to turne the strength of the Kingdom against it selfe, and to effect that by their owne folly and credulitie, which the Power and subtiltie of their and our enemies could not attaine, That is, to divide the people from the Parliament, and to make them serviceable to the ends and aimes of those, who would destroy them. Therefore wee desire the Kingdome to take notice of this last most desperate and mischievous Plott of the malignant partie, that is acted and prosecuted in many parts of the Kingdom, under plausible Notions, of stirring them up to care of preserving the Kings Prerogative, maintaining the Discipline of the Church, upholding and continuing the reverence and solemnitie of Gods Service, incouraging of Learning. And upon these grounds, divers mutinous Petitions have been framed in London, Kent, and other Counties, and sundry of his Majesties Subjects have been sollicited to declare themselves for the King, against the Parliament: and many false and foule aspersions have been cast upon our proceedings, as if wee had been not onely negligent, but averse in these points: whereas wee desire nothing more, then to maintaine the puritie and power of Religion, and to Honour the King in all His just Prerogatives: and for encouragement and advancement of pietie and learning, wee have very earnestly endeavoured, and still doe to the uttermost of our Power, that all Parishes may have learned, pious, and sufficient Preachers, and all such Preachers competent Livings.
Many other Bills and Propositions are in preparation for the Kings Profit and honour, the peoples safetie and prosperitie, In the proceedings whereof, wee are much hindred by His Majesties absence from the Parliament, which is altogether contrary to the use of his Predecessors, and the Privilidges of Parliament, Whereby our time is consumed by a multitude of unnecessary Messages, and our innocency wounded by causelesse and sharpe invectives. Yet wee doubt not, but wee shall overcome all this at last, if the people suffer not themselves to be deluded with false and specious shewes, and so drawne to betray us to their owne undoung, who have ever been willing to hazard the undoung of our selves, that they might not be betraid by our neglect of the trust reposed in us, but if it were posible, they should prevaile herein, yet wee whould not faile through Gods grace still to persist in our duties, and to looke behond our owne lives, estates, and advantages, as those who thinke nothing worth the enjoying without the libertie, peace, and safetie of the Kingdome: nor any thing too good to be hazarded in discharge of our Conscieces, for the obtaining of it; And shall alwayes repose our selves upon the Protection of Almightie God; which wee are confident shall never be wanting to us (while wee seeke his glory) as wee have found it hitherto, wonderfully going along with us in all our proceedings.
It is his Majesties pleasure that you forthwith Print in very good Paper, and send unto me, for his Majjesties Service, fortie Copies of the Proclamation inclosed, leaving a convenient space for his Majestie to signe above, and to affix the Privie Signes underneath; And his Majesties expresse Command is, that you Print not above the said number of fortie Copies, and forbeare to make any further publication of them, till his pleasure be further signified, for which this shall be your Warrant.
Whitehall 2. January 1641
For His Majesties Printer.
To the first Int.
He saith, That in Lent last (as he remembers) about the middle of it, Sir John Suckling came to him on Sunday morning as he was in his bed: And this Examinate conceiving he had come to him about some businesse of money that was between them; and thereupon falling upon that discourse, Sir John Suckling told him he was then come about another businesse, which was to acquaint him, That there was a purpose of bringing the Army to London, And that my Lord of New-castle was to be Generall, and he, this Examinate answered only this, Well, then I will go to the Court; which was all that passed between them at that time, to the best of this Examinates remembrance.
To the second, He cannot depose. To the third, He saith, That as he was coming in his coach in the street, one of the Covent-Garden into St Martins Lane, he met there Mr Henry Jermyn, who was likewise in a Coach; and feeling this Examinate, sent his Foot-man to him, desiring him to follow him, because he would speak with him; which this Examinate did: And Mr Jermyn going a little further, alighted, and went into a house (to which house, as this examinate was but yesterday informed, Sir John Suckling did then usually resort) and thither this Examinate followed him; and coming after him to the top of the Stayres, Mr Jermyn said to him, He had somewhat to say to him concerning the Army, but that this was no fit place to speak of it, and desired him to meet him that evening at the Court, on the Queens side; which this Examinate accordingly did; and meeting Mr Jermyn in the Queens drawing Chamber, he was there told by him, That the Queen would speak with him, and therupon Mr Jermyn brought him into the Queens Bed-chamber: But before this Examinate could enter into any discourse with the Queen, the King came in, and then this Examinate did withdraw, and went away for that time, but returned again the same night, and met Mr Jermyn again on the Queens side, who told him that he must necessarily meet with some Officers of the Army, to hear some Proposition; concerning the Army. The next day, being Monday, this Examinate came again to the Court in the after-noon, and went into the Queens drawing-Chamber, where Her Majesty then was, who was pleased to tell him that the King would speak with him, and bade him repair to the room within the Gallery, into which Room the King soon after came; and His Majesty asked him if he was engaged in any Cabale concerning the Army: to which he answered, That he was not: whereupon His Majesty replyed, I command you then to joyn your self with Peircy, and some others whom you will finde with him. And His Majesty likewise said, I have a desire to put my Army into a good posture, and am advised unto it by my Lord of Bristoll: which was the effect of what passed between the King and this Examinate at that time. This EXaminate meeting afterwards with Mr Jermyn, Mr Jermyn told him that they were to meet that evening at nine of the Clock with Mr Peircy, and some others, at Mr Peircyes Chamber; and accordingly Mr Jermyn and he went thither together, and there found Mr Peircy himself, Mr Wilmot, Mr Ashbunham, Mr Pollard, Mr Oneal, and Sir John Bartley; Mr Peircy then in the first place tendered an Oath to this Examinate and Mr jermyn, the rest saying they had taken that oath already; this Oath was prepared in writing, and was to this effect , That they should neigher directly nor indirectly disclose any thing of that which should be thn said un to them, nor think themselves absolved from the secrecy enjoyned by this Oath, by any other Oath which should be afterwards taken by them. They having taken the Oath, Mr Peircy declared, That they were resolved not to admit of any body else into their Councells: And Mr Jermyn and this Examinate moved that Sir John Suckling might be received amongst them; which being opposed by the rest, after some debate, it was laid aside: And some speech there was of Sir John Suckling his being employed in the Army; but how it was agreed upon, this Examinate doth not remember.
After this, Mr Piercy made his Propositions, which he read out of a paper, which were to this effect, That the Army should presently be put into a posture to serve the King, and then should send up a Declaration to the Parliament, of these particulars, viz, That nothing should be done in Parliament contrary to any former Act of Parliament, which was explayned, That Bishops should be maintained in their Votes and Functions, And the Kings Revenue be established. From these Propositions none of Mr Piercys Company did declare themselves to dissent. Then came into consideration, if the Army should not immediately be brought to London, which, as this Examinate remembers, was first propounded by Mr Jermyn, and also the making sure of the Tower. These things this Examinate did urge, to shew the vanity and danger of the other Propositions, without undertaking this. In the conclusion, this Examinate did protest against his having any thing to do in either designe; for the proof of which, he appeals to the cosciences of them that were present, and so parted with them. About this businesse this Examinate saith, That they had two meetings, and cannot distinguish what passed at the one, and what at the other, but the result of all was as he formerly declared: further then which, be cannot depose.
To the fourth Int. He can say no more then he hath already said.
To the fifth Int. He saith, That the very day that Sir John Suckling first moved this unto him, he gave some touch of it to my Lord Dungarvan: and the day after his second meeting at Mr Peircyes Chamber, he discovered it to my Lord of Newport, and desiring him to bring him to some other Lords, such as might be likeliest to prevent all mischief: And accordingly the next day my Lord of Newport brought him to my Lord of Bedford, my Lord Say, and my Lord Mandevill, to whom he imparted the main of the businesse, but not the paticulars, in regard of his Oath; and desired them to make use of it as they should see cause, for the safety of the Common-wealth, but not to produce him, nor name any person, except there were a necessity for it. He further saith, That he did at the same time make a Protestation unto those Lords, of his fidelity unto the Common-wealth, and of his readinesse to run all hazards for it.
Master Percies Letter written to the Earle of Northumberland, June 14th. 1641.
What with my own innocency and violence I heare is against me, I finde my selfe much destracted, I will not ask your councell, because it may bring prejudice upon you; but I will with all faithfulnesse and truth tell you what my part hath been, that at least I may be cleered by you whatsoever becomes of me.
When there was 50700 pound designed by the Parliament for the English Army, there was as I take it a sudden demand made by the Scots at the same time of 25000 pound, of which there was but 15000 pound ready, this they pressed with so much necessity as the Parliament after an Order made, did think it fit for them to deduct 10000 pound out of the fifty formerly granted, upon which, the souldiers in our house were more scandalized, amongst which I was one, and fitting by Wilmott and Ashburnham, Wilmott stood up and told them, if such papers as that of the Scots would procure monies, he doubted not but the Officers of the English Army might easily do the like, but the first order was reversed notwithstanding, and the 10000 pound 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 one to another; we did resolve, that is, Wilmott, Ashburnham, Pollard, Oneale, and my selfe to make some expression of servicing the King in all things he would command us, that were honourable for him and us, being likewise agreeable to the fundamentall lawes of the kingdome, that so farre we should live and dye with him. This was agreed upon by us, not having any communication with others, that I am coupled now withall; and further, by their joynt consent I was to tell his Majesty thus much from them; but withall I was to order the matter so, as that the King might apprehend this as a great service done unto him, at this time when his affaires were in so ill a condition, and they were most confident that they could ingage the whole Army thus farre, but further they would undertake nothing, be cause they would neither infringe the liberties of the Subject, or destroy the Lawes, to which I and every one consented; and having their sence, I drew the Heads up in a paper, to which they all approved when I read it; and then we did by an oath promise to one another to be constant and secret in all this, and did all of us take that oath together. 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 I did very faithfully serve them therein, as farre as I could: this is the truth and all the truth upon my soule. In particular discourses after that, we did fall upon the petitioning the King and Parliament for money, there being so great arreares due to us, and so much delayes made in the procuring of them, but that was never done.
The preserving of Bishops functions and votes.
The not disbanding of the Irish Army, untill the Scots were disbanded too.
The Endeavouring to settle his revenew to that proportion it was formerly, and it was resolved by us all, if the King should require our assistance in these things, that as farre as we could, we might contribute thereunto without breaking the Lawes o' the Kingdome, and in case the King should deny these things being put to them, we would not flye from him.
All these persons did act and concurre 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 something of our Army, which did not agree with what we proposed, but enclined a way more high and sharpe not having limits either of honour or Law, I told the King he might be pleased to consider with himselfe, which way it was fit for him to hearken unto. For us, we were resolved not to depart from our grounds, and if he imployed others we should not be displeased whosoever they were: but the particulars of their designe, or the persons, we desired not to know, though it was no hard matter to guesse at them; in the end I believe the dangers of the one, and 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 not withstanding that Goring and Jermine, who were acquainted with the other proceedings, should be admitted amongst us: I told him I thought the other Gentlemen would never consent to it, but I would propose it; which I did, and we were all much against it; but the King did presse it so much, as at the last, it was consented unto., and Goring and Jermine came to my chamber, there I was appointed to tell them after they had sworne to secrecy, what we had proposed which I did: but before I go on to the debate of the wayes, I must tell you, Mr. Jermine 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 I remember M. Goring made answer, he was so ingaged with Suckling, he would not go or do anything without him. Yet in the end, so that we would not oppose Suckling his being imployed in the Army, that for his meeting with us they were contented to passe it by. Then we took up againe, the wayes were proposed, which took a great debate, and theirs (i will say) differed from ours in violence, and height, which we all protested against and parted, disagreeing totally; yet remitting it to be spoken of by me, and Jermine, to the King, which we both did. And the King constant to his former resolution told him, that all those wayes were vaine and foolish, and would think of them no more. I omitted one thing of M. Goring, he desired to know, how the chiefe commanders were to be disposed of, for if he had not a condition worth of him, he would not go along with us, we made answer that no body had thought of that, we intending if we were sent downe, to go all in the same capacity we were in, he did not like that by no means, and upon that did work so by M. Chidley, that there was a Letter sent by some of the Commanders to make him Lieutenant Generall: and when he had ordered this matter at London, and M. Chidlery had his instructions, then did he go to Portsmouth pretending to be absent when this was a working: we all desired my Lord of Essex or my Lord of Holland, and they (if there were a Generall) Newcastle, They were pleased to give out a report I should be Generall 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 Generall and so all things were laid aside: and this is the truth, and all the truth I know of all these proceedings; and this I do and will protest upon my faith; and Wilmote, Ashburnham, and Oneale, have at severall times confessed and sworne, I never said any thing in this businesse, they did not every one agree unto, and would justifie. This relation I send you, rather to informe you of the truth of the matter, that you may know the better how to do me good: But I should thinke my selfe very unhappy to be made a betrayer of any body; what concerned the Tower or anything else I never medled withall, nor never spoke with Goring, but that night before them all; and I said nothing but what was consented unto by all my party. I never spoke one word to Suckling, Carnarvan, Davenant, or other creature: me thinkes if my friends and kindred knew the truth and justice of this matter, it were no hard matter to serve mee in some measure.
Die Martis 10. Maii, 1640, The Examination of Captain James Chudleigh.
To the first Interogatory, and to the second; This Deponent saith, That about March and April last he was at Burrowbrig, where divers Officers and Commanders of the Army met, to whom he used some speeches concerning the parliament, that he saw no probability that the Army would be suddenly paid by the Parliament, because they had promised so much to the King, and to the Scots, as well as to the Army; but that the King did commiserate their case, and said, That if they would be faithfull to him, he would pawn his jewels rather then they should be unpaid; and saith further, That he know of such a Letter sent by the Army to my Lord of Northumberland, to be shewed to the Parliament; and that he told them at that meeting, that the Parl. was much displeased with that Letter, and that those who had subscribed it shold be sent for up particularly, that my Lord of Essex, and my Lor of Newport had expressed much dislike of that Letter, and of them who had sent it, and said, that they had forfeited their necks: which he had from Sir john Suckling, Master Davenant and (as he conceives from Sergeant Major Willis: And this he declared to those Officers, as giving them an account of his journey, and the service in which they had imployed him.
To the third Interegatory;
He saith he hath answered before.
To the fourth Interegatory;
That Sergeant Major Willis told him upon the way, as they were in their journey down into the North, that Colonell Goring was a brave Gentleman, and fit to command the Army, and that the King had a good inclination to him, that he should be Lieutenant Generall; and saith further, that before he came out of London, Sir John Suckling had likewise highly commended him, and said he was fitter to command in chief, then any man he knew, and that the Army was not now considerable, being without a head, and indeed was but a party (Colonell Goring being away) who commanded a Brigade, and that they did undiscreetly to shew their teeth except they could bite, which they said Sir John Suckling wished him to declare unto the Army, saying He could not do a better service to the Officers who had imployed him, then to let them know it, wherupon he did acquaint them with it accordingly.
To the 31.
That at the meeting at Burrowbrig, he declared unto the Officers some thing out of a paper, which he read, and told them that hee had received it from Mr. Jermyn, and that Mr, Jermyn had received it from the King. And hee said likewise, that some others about the King were acquainted with it, and named Mr. Endimion Porter, to whom he thought the King had declared in this businesse.
To the 34.
That Mr Jermyn asked him. if hee thought the Army would stick to their Officers, in case the King and Parliament should not agree, or word to that effect.
He saith further, that he had set downe all those things in writing, which hee declared to the Officers at Burrowbrig, and thought to have sent it downe to them; but upon better consideration hee went himselfe and read it to them out of that paper, but severally, and not to them all together, and particularly, that he read it to Lieutenant Colonell Ballard, and to Lieurenant Colonell Lunsford, That he did not acquaint them all with it, and the reason why he did not, was because he conceived some were of more judgement than others, and fitter to be trusted with matters of secrecie.
Essex, Warwick, W. Say and Seale, Howard.
The Examination of Thomas Ballard, Lieutenant Colonell to the Lord Grandison, taken May 18; 1641.
To the 19.
That he did meet at Burrowbridge, being sent to by Captain Chidley, and none other; but he found there Serjeant major Willie, and divers other Officers of the Army: this was sometime in Aprill Last, as he remembreth.
To the 20. That Mr. Chidley did propound to him certaine propositions, which as he affirmed hee did receive from Mr. Henry Jermyn, and from another great man which he might not name. Captaine Chidley further said, that M. Jermyn told him that he received those propositions from the King: But Chidley told him further, that when he kissed the Kings hand his Majestie said nothing to him of any such propositions. The first proposition was That he should not acquaint either Sir Jacob Ashley, or Sir John Conyers, with anything of this designe. The second that if there were occasion the Army should remove their Quarters into Nottingham-shire, where the Prince and the Earle of New-Castle should meet them with a thousand Horse, and all the French that were in London should bee mounted, and likewise meet them. These propositions were read by Captaine Chidley, out of a paper, which hee said he had written himselfe, thinking to have sent them downe; but upon better consideration hee brought them downe himselfe, That they likewise should desire that Colonell Goring should be the Lieutentnt-Generall to the Army: There was likewise offered a Paper to this effect, as hee was then told, That if the King would send Colonell Goring to be Lieutenant-Generall, the would accept of him; which Paper he, this Examinat, refused to read, or to set his hand to it: but heard that divers others signed it. He further saith, that there was no other Paper propounded to him to be signed, nor to any other to his knowledge. Hee further saith, that this was not delivered to the Officers in publique but severally.
He likewise saith, That presently after Colonell Vavasour said publikely. that hee never conseted to these propositions in his heart, and desired that there might be a meeting immediately, whereupon they agreed upon a meeting at York the Wednesday following at which meeting they generally concluded, not to interesse themselves in any of those designes that had been propounded to them by Captaine Chidley; and they presently writ by the Post to Captaine Chidley to London, that if hee had not delivered the paper, he should forbeare to deliver it.
To the 19 Inter.
He saith, That hee heard of a meeting at Burrowbridge, but was not there present, but was present at another meeting at York not long after, where he was told that the King was not well satisfied with the affections of the Officers to his service; and therefore it was thought fit, to make a Declaration of their readinesse to serve his Majestie; which declaration was accordingly drawne, but not finding any great cause for it, it was after torne. Hee further saith, That the night before the meeting at Burrowbridge, hee spoke with Captaine Chidley at York, who perswaded him to goe to Burrowbridge, where he had propositions to impart to the Army; but this Examinate refusing to goe, hee would not acquant him with them at that time; but told them that divers Lords and Officers of the Army were fallen off from the King, naming the Earle of Essex, the Earle of Newport, Commissary Wilmott Colonell Ashburnham, and others, with this Examinate so much disliked, that they forbore any further discourse.
That at the meeting at Burrowbridge, Serjeant Major Willis and Captaine Chidley, or one of them, told the Officers there, that the Parliament had taken great offence at the Letter which they had written up to my Lord of Northumberland; and that those who had subscribed it should be questioned, and that there was small hopes of money from the Parliament for the present.
That the King would take it very well if he might receive assurance from them, that they would accept of Colonell Goring for their Lieutenant Generall, and wished that the Army were united.
When the King had this assurance from them, there should come a Generall that would bring them money, this they said they had good Commission to deliver unto them, having received it from Mr. Henry Jermyn and Sir John Sucklin, hee likewise saith Captaine Chidley spake with more confidence and Sergeant Major Willis rather as having heard it from others: he further saith, there was a Letter written to Colonell Goring, for to let him know if the king would send him downe with a Commission to be Lieutenant Generall, they would willingly receive him, and this Letter was proposed unto them by Captaine Chidley and Sergeant major Willis> There was another letter written to Mr. Endimion Porter, which as he remembers was to let him know, that though the Army was now commanded by Sir Jacob Ashley, yet if that it were his Majesties pleasure to appoint Colonell Goring to bee Lieutenant Generall they were confident the Army would receive him the better being only subscribed by Colonell Fielding and himselfe> And further sayeth that he heares this Letter was never delivered, for that Sir John Suckling told master Chidley that master Porter was a stranger to the businesse.
This Examination taken afore Vs, Mandevile, Howard, PH. Wharton.
Colonell Goring these are to command you to provide with all speed a ship for this Bearer to carry him to Diepe or Calais or any other Port of France, that the winde may be good for, and if there be any of my ships or Pinnaces, ready to goe 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 bee a warrant to the Captains or Master you may imploy, and hereof you nor they are not to faile as you or they will answer the contrary at you perills.
Given at White-Hall this 14. of May, 1641.
To our Trusty and well-beloved Servant George Goring Governour of Portsmouth.
To the first Interrg.
Saith, That hee doth know Master Daniel Oneale who was Serjeant Major to Sir John Conniers, doth not certainely remember the precise time going from the Army to London, nor of his return back, but beleeves he returned about June and July.
The the ninth.
That hee was in Yorke when the said Master Oneale returned thither from London and can say no more to this ninth Interrg.
To the tenth.
That there was a petition prepared to bee delivered to the parliament from the Army, which consisted of many particulars, as to shew how much they suffered for want of Martiall Law, and for want of pay and because their principall Officers were not amongst them, and they did likewise set forth in it. That as the wisedome of the King did cooperate with the Parliament, so they did hope the Parliament would doe something concerning the Kings Revenue; but saith he doth not remember what the particular was which was desired, and further that they heard of great tumults about London and therefore offered themselves to serve the Kin and Parliament: with the last drop of their bloods. He saith that this Pertition was approved of by all the Officers that saw it, but was laid aside till further consideration should be had of the manner of the delivery. That himselfe was afterwards sent for to London by order of the house of Commons, and was examined and after his examination, when hee saw there was no further use to bee made of that Petition hee burnt it.
Hee further saith, That he staid in this Towne some five or sixe dayes, and was with the King, and had some speech with His Majesty about a Petition to come from the Army, and gave him an accompt of the Petition that was formerly burnt, and there he received another Petition to the same effect with the other, but handsomlier written, upon which there was a direction indorsed to this purpose. This Petition will not offend yet let it not be shewn to any but Sir Jacob Ashley.
He farther saith there was no name to this direction but only two Letters, but what those Letters were, he will not say nor cannot swear who writ those two Letters, because hee did not see them written.
He saith he did deliver the same paper with the directions to Sir Jacob Ashley, and told him withall here is a paper with a direction, you know the hand, keepe it secret, I have shewed it to no body, if there be no occasion to use it, you may burne it, and saith hee spake no more of it to him till after my Lord of Hollands comming downe to be Generall, and then he spake to him to burne it.
He saith that he hath known Serjeant Major Daniel Oneal very long and that he was long absent from the Army the last Sommer, but knows not at what time he did returne, not knows not how long it was that he stayed in the Army before his going into the Low Countries, but thinks it to be about three weeks.
To the second intereg,
He saith that Mr. Oneale told him after his comming downe last, that things being not so well betwixt the King and Parliament, hee thought a Petition from the Army might doe very much good, and asked him if a draught of such a Petition were brought unto him whether he would set his hand unto it, the particulars which he desired to have the Army received in, were the want of Martiall-Law, want of pay, and for words spoken in the House of Parliament against the Army, as that the City was disaffected to the Kings Army, and would rather pay the Scots then them,
To the third Inter, He cannot answer. To the fourth Inter, He cannot answer.
To the fifth Inter,
He saith that hee received a letter by the hands of Captaine Legg, the tenour whereof as far as remembers was to this effect, the Letter beeing written in two sides of paper and somewhat more, first that divers things were pressed by parties to infuse into thee Parliament things to the Kings disadvantage, and that divers tumults and disorders were neere the Parliament to the disservice of the King, divers other particulars were contained in this Letter, and in the close of this Letter, it was recommended to this Examinat that he should get the hands of the Officers of the Army to such a declaration to be sent to the Parliament, and that this would bee acceptable to the king. Hee further saith, hee knowes not of whose hand writing it was nor who delivered it to Captaine Legg.
To the 7, Inter.
He saith that Mr. Oneal telling him of the dislikes which were between the King and the Parliament and of those things which were done to the disadvantage of the King; they must fight with the Scots first and beate them before they could move Southward; and that done, they must spoyle the Countrey all along as they goe, and when they doe come to Longon, they would finde resistance by the Parliament and the Scots might rallie and follow them: to which Oneale replyed, what if these Scots could bee made neutrall: This Examinat then said that the Scots would lay him by the heels, if he should come to move such a thing, for that they would never breake with the Parliament.
Presently replyed; I wondred that Counsells should be so laid as had been spoken of; of the marching of the Army to the South.
8. Inter. D.
Hee further sayes that there was at the end of the Letter a direction to this effect. Captaine or William Legg, I command you that you shew this Letter to none but Jacob Ashley, abouve this direction were set these two letters, C.R.
To the first Intereg, He saith that he knowes very well Master Daniel O-Neale, who was Serjeant Major to his Regiment, that he said O-Neale came up to London about November last, and returned to the Army about Midsummer.
To the second, That O-Neale, after his return to the Army in Summer, spake twice unto this Ecaminant of a Petition to be sent from the Army to the Parliament, and told him, that because they did not know if himselfe would consent unto it, they would first petition him, that he would approve of it, but that as yet there were but few hands to that Petition, which was to be preferred to him; and therefore would not shew it him.
To the fourth, That the said O-Neale, used perswasions to this Examinant, that hee would serve the King, that if he did not, he should bee left alone, and would but ruine himselfe, for that all the troups under him were that way enclined; That therefore he should adhere to the King, and goe those wayes that the King would havve him, or words to that effect.
To the fifth, That he saw a paper, containing some directions for the Declaration to be subscribed unto by the Officers of the Army: which paper was in Sir Jacob Ashleys hand; he saith, it was long, containing two sides of a sheet of paper or thereabout; the effect whereof was something concerning Martiall Law, and better payment for the Army, together with some other particulars; that it was to be directed to the Parliament, and that there were two Letters, viz, C.R. at the end. That hee doth not know who brought it unto Sir Jacob Ashley, but that both of them were very much troubled at it. He saith further, that there was a direction at the end of the writing, that no body should see it but Sir Jacob Asley; and the two letters, C.R. were as hee remembers to that direction, but whether before or after that direction hee cannot affirme
To the seventh, That he never heard Master O-Neale himselfe speak of his goung to New-castle, but that he heard it from others, and as hee takes it from his wife the Lady Conniers, and that whosoever it was that told him so, told him withall, that O-Neale himslefe said so.
To the fourth inter. That Master O-Neal said to him, that if he this Examinant, had been well known to the King, the King would have written to him, and therefore he conceived, this Examinant should doe well to write unto the King; to which he replyed, That he could not serve the King in that point, and therefore he thought, it would be of no use, to trouble the King with his letters.
To the fifth, That the paper mentioned in his former examination to have beene seene by him in Sir Jacobs Ashleys hand, contained directions for a Petition to be presented to the Kin and Parliament: In which, was a clause to this effect, That whereas all men ought to give God thanks, for putting it into the Kings heart, to condiscend to the desires off the Parliament, not only to deliver up unto them many of his servants and others, who were neere unto him to bee at their disposing, but also to doe many things, which none of his Ancestors would have consented unto, as giving way to the Triennuall Parliament: and granting many other things for the good of his Subjects, yet not withstanding some turbulent spirits, backt by rude and rumultuoues mechanick persons, seemed not to be satisfied, but would have the totall subversion of the goverrnment of the State, that therefore the Army, which was so orderly governed, notwithstanding they had no martiall Law, and ill payment, and but few Officers, being of so good comportment, might be called up to attend the person of the King and Parliament for their security. This Examinant further faith, that there were many other passages in this Petition which he doth not now remember, only that there was some expression of a desire, that both Armies should bee disbanded for the ease of the Kingdome; and likewise a direction to procure as many of the Officers hands, as could be gotten.
To the seventh, That he remembers wel it was not his wife, but Sir Jacob Ashley, that said to him those words, O-Neal goes, or else O-Neal saith he wil go to New-Castle; but which of the sayings it was, he doth not wel to remember; but saith he replied to it, that O-Neal said, nothing to him of that.
This Examinant further saith, that he took occasion upon these passages from O-Neal, to command him and Sir John Bartlet and all the other Officers to repaire to their Quarters, to be ready to perfect their accounts with the Country against the time they should be called for. Jo. Coniers.
The Examination of Sir Foulke Huneks, taken before the Lords Committees upon Friday, upon Oct
To the first Interrog. he saith, that he doth well know Master Daniel O-Neale, who was Sergeant Major to Sir John Coniers; That hee went from the Army to London about the time that the King came out of the North to the Parliament; and that he returned again to the Army, about that time when Commissary Wilmot and the other Souldiers were committed by the Parliament.
To the second. That the said O-Neale perswaded him this Examinant to take part with the King, or something to that purpose; and that thereupon this Examinant acquainted the Lieutenant Generall with it, and presently repaired to his own Quarter, to keep the Souldiers in order; where he staid not above two or three dayes, till he heard that O-Neal was fled. He further saith, that O Neale dealt with him to have the troops move; To which he replyed, that he had received no such direction from his Superiours, nor from the King: And that then he offered him a paper, and pressed him to signe it; whereupon he this Examinant asked, if the Generall, or Lieutenant Generall had signed it; to which O-Neale answering they had not, he said, that he would not be so unmannerly as to signe any thing before them, and refused to read it. He saith likewise that Captain Armstrong was present at the same time, and that O-Neale offered it to him' who looking upon this Examinant, this Examinant did shake his head at him, to make a signe that he should not doe it, and withall went out of the roome: and Armstrong afterwards refused it, giving this reason, That he would not signe it when his Colonell had refused it; which hee told this Examinant.
To the third he saith, That O-Neale told him he had very good authority for what he did; but did not tell him from whom.
To the seventh. That Master O-Neale told him he was to goe to the Scottish Army, but saith he doth not know for what end and purpose he would go thither; for that he this Examinant shunned to have any thing more to doe with him. Foulk Huncks
To the first Interrog. he saith he was commanded to receive Captain Billingsley into the Tower with 100. men for securing of the place, and that he was told they should be under his command.
To the second Interrog. he saith, The Earl of Strafford told him it would be dangerous in case he should refuse to let them in.
To the third Interrog. He referreth him self to the former depositions of the three women, taken before the Constable and himself. And further saith, That the Earle of Strafford himselfe, after he had expostulated with him for holding Master Slingsby at the Tower gate; and after his telling the said Earle he had reason so to doe, in regard of what the women had deposed, by which it appeared there was an escape intended by his Lordship; himselfe acknowledged hee had named the word Escape twice or thrice in his discourse with Master Slingsby, but that hee meant it should e by the Kings authority, to remove him out of the Tower to some other Castle; and that he did ask Master Slingsby where his brother was, and the ship.
To the fourth Interrog. This Examinant saith, the Earle of Strafford sent for him some three or foure dayes before his death, and did arrive to perswade him that he might make an escape; and said, for without your connivense I know it cannot be: and if you will consent thereunto, I will make you to have 20000, pounds paid you, besides a good marriage for your sonne: To which this Examinant replyed, he was so farre frrom concurring with his Lordship, as that his honour would not suffer him to connive at his escape; and withall told him, hee was not to be moved to hearken thereunto.
Ex. in presence of us
Essex. Warwick. L. Wharton. Mandevile
He saith that one Ancient Knot told him severall times the last week, that Sir John Suckling was raising of Officers for three Regimens for Portugall: and saith that hee this Examinant was at the Portugall Ambassadeurs on Sunday last, and then the Ambassadour told him that he knew not Sir John Suckling, nor any thing at all of Sir John Sucklings raising of men for Portugall and the Ambassadour himself had no Commission to treat for any men till he heard out of Portugall.
He was upon Easter Eve last, and severall times since, assembled by Captaine Billingsley to enter into an expedition for Portugall with Sir John Sucklin. And when this Examinant told him that he was His Majesties servant, and could not goe without leave, Captaine Billingsley bid him take no care for that, he should have leave presented, and further desired him to get as many Canoneers as he could.
This Examinant doubting whether they were reall in that Designe, repaired to the Portugall Ambassadors, and there understood from his Secretary, that he was willing to have men, but they know neither Sir John Suckling, nor Captaine Billingsley; neither had they from them any Commission to raise men.
He likewise saith, that Captaine Billingsley did after bidding this Examinant to come to Sir John Suckling, and that upon Sunday was seen-night last Sir John Suckling and Captaine Billingsley, with many other Officers, repaired unto his house in the afternoone, and there staid two houres at least; The Examinant not comming in, they left a note hee should be with them that night at the Sparragus Garden for Supper: whereof this Examinant faling, Captaine Billingsby comes there to his house the Monday morning, and not finding him there, left word that he must needs come to the Covent Garden to Sir John Sucklings lodging, which accordingly he did; but not finding him there, the same day he was with Captain Billingsley at the Dog Tavern [Two unreadable words], at which time he did farther appoint this Examinant [unreadable word] Wednesday to promise Sir John Suckling a meeting at the Dolphin [two unreadable words] Inne lane about nine of the clock in the forenoon, where the same day came some thirty more which were appointed by Sir John Suckling and Captaine Billingsley; but neither Sir John Suckling or Billingsley [One unreadable word], only there came one and gave them money, and so [Two unreadable words] for the present.
This Examinant further saith, that Captaine Billingsley [Unreadable word] notice that he had some store of Armes of his owne, told him [unreadable word] John Suckling would buy them all, if he pleased to sell them.
Captaine Billingsley likewise told this Examinant [unreadable word] John Suckling had furnished himself for money, and all [unreadable end of sentence: perhaps two or three words].
Elizabeth Nutt, wife of William Nutt of Tower-Street London, Merchant, and Anne Bardsey of Tower-Street aforesaid widow, say, that they being desirous to see the Earle of Strafford, came to Anne Vyner wife of Thomas Vyner Clerk to the Lieutenant of the Tower, whose lodging being neare to the Kings Gallery, where the said Earl useth to walk, carried them to the back doore of the said Gallery, the said Earl with one other being then walking. And they three being then there, and peeping through the key hole and other places of the doore to see the said Earle, did heare him and the said other party conferring about an escape, as they conceived, saying, that it must be done when all was still, and asked the said party where his brothers ship was, who said she was gone below in the River, and heard him say, that they three might be there in twelve houres, and doubted not to escape if some thing which was said concerning the Lieutenant of the Tower, were done; but what that was, as also where they might be in twelve houres, they could not heare by reason that when they walked further off, they could not perfectly heare. And the said Ms Nutt and Ms Bardsey say, that they heard the said Earl then say, that if this Fort could be safely guarded or secured for three or foure months, there would come aid enough: and divers other words tending to the purposes aforesaid, which they cannot now remember.
And further all of them say that they heard the said Earle, three times mention an escape, saying, that if any thing had been done, his Majesty might safely have sent for him; but now there was nothing to be thought on, but an escape: And heard the said other partie telling his Lordship, that the outward gates were now as surely guarded as those within. To whom the said Earle said, the easier our escape that way, pointing to the East, if the said party and some others should obey the directions of the said Earle: But what those were they know not; but heard the said party answer, they would doe any thing his Lordship should command.
Eliza. E. N. Nut
I Hope you will have received the Letter which I wrote unto you from aboard Sir John Pennington, wherein I gave you acco8nt of the accident of O-Neals man, and why I thought fitting to continue my journey into Holland; going still upon this ground, that if things goe on by way of accommodation, by my absence the King will be advantaged: If the King declare himself, and retire to a safe place, I shall be able to wait upon him from hence, as well as out of any part of England, over and above the service which I may doe him here in the mean time. Besides that, I found all the Ports so strict, that if I had not taken this opportunity of Sir John Peningtons forwardnesse in the Kings service, it would have been impossible for me to have gotten away at any other time.
I am now here at Middleborough, at the Golden Fleece upon the Market, at one George Petersons house, where I will remaine till I receive from you advertisement of the state of things, and likewise instructions from their Majesties; which I desire you to hasten unto me by some safe hand: and withall to send unto me a cypher, whereby we may write unto one another freely. If you knew how easie a passage it were, you would offer the King to come over for some few dayes your selfe. God knowes I have not a thought towards my Countrey to make me blush, much lesse criminall; but where Traytors have so great a sway, the honestest thoughts may prove most treasonable.
Let Dick Sherley be dispatcht hither speedily, with such black cloaths and linnen as I have' and let your letters be directed to the Baron of Sherborn, for by that name I live unknowne. Let care be taken for Bills of Exchange.
Jan. ad. 1641.
Who being duly sworne and examined, saith, That he being at Mommore in the County of London-Derry on Tuesday last, he received a Letter from Colonell Hugh Ogemacmahon, desiring him to come to Connagh in the County of Monayhan, and to be with him on Wednesday or Thursday last: whereupon he this Examinant came to Connagh on Wednesday night last, and finding the said Hugh come to Dublin, followed him hither He came hither about six of the clock this Evening, and forthwith went to the lodging of the said Hugh, to the house neer the Boot in Exmantowne, and there he found the said Hugh, and came with the said Hugh into the towne, neere the Pillory, to the lodging of the Lord Mac-quire; where they found not the Lord within: and there they dranke a cup of Beere, and then went back again to the said Hugh his lodging. He saith that at the Lord Mac-quire his lodging the said Hugh told him that there were and would be this night great numbers of Noblemen and Gentlemen of the Irish Papists, from all the parts of the Kingdome, in this Towne, who with himselfe had determined to take the Castle of Dublin, and possesse themselves of all his Majesties Ammunition there ; and to morrow morning being Saturday: and that they intended first to batter the Chimneyes of the said Towne; and if the City would not yeeld, then to batter down the houses, and so to cut off all the Protestants that would not joyne with them.
He saith further, That the said Hugh then told him, that the Irish had prepared men in all parts of the Kingdom, to destroy all the English inhabiting there to morrow morning by ten of the clock; and that in all the Sea-ports, and other Townes in the Kingdome, all the Protestants should be killed this night; and that all the Posts that could bee could not prevent it. And further saith. That he moved the said Hugh to forbeare the executing of that businesse, and to discover it to the State for the saving of his owne estate: who said, that he could not help it: But said, that they did owe their due aliegeance to the King, and would pay him all his Rights, but that dhey did this for the tyrannicall Government was over them; and to imitate Scotland, who got a priviledge by that course. And he further saith, That when he was with the said Hugh in his lodging the second time, the said Hugh swore that he should not goe out of his lodging that night, but told him that he should goe with him the next morning to the Castle, and said, if this matter were discovered, some body should die for it; Whereupon this Examinant feigned some necessity for his easement, went downe out of the Chamber, and left his sword in pawne, and the said Hugh sent his man downe with him; And when this Examinant came downe into the yard, finding an opportunity, he this Examinant leaped over the wall and two pales, and so came to the Lord Justice Parsons
October 22. 1641.
Owen Oconnelly. William Parsons. Tho: Rotherham. Rob: Meridith.
The examination of Mark Pagett Parson of Morlestowne, neare Kingsale in Ireland, and Deane of Rosse there, had and taken at Plimmouth, in the County of Devon: before Thomas Ceely Merchant, Major of the Burrough of Plimmouth aforesaid, William Birch, and John Bound, Merchants, three of his Majesties Justices of the Peace, within the said Burrough, the fourth day of March, 1641.
The said Examinant saith, that he came from Kingsale this day was seven-night, and saith, that the Rebellion in Ireland is generall; (except the Port Townes and Fortifications) and saith, that hee conceiveth that the Forces of the Rebels in Muster is betweene twenty or thirty thousand, which lie neare Corke and Bandam Bridge, in two bodies; whereof the chiefe of one is Baron Loughland, the Lord Mungarret, the Lord Dunboine, and divers other Lords: and the chiefe of the other are Macarte Reath, Teage Adowne, Teage Adun van Durmet, Glacke, and Macke Phenning, and divers others. And this Ecaminant hath for certaine heard, that the Earle of Clansikard is likewise in Armes in Connough against the English Protestants; and further saith, that he knoweth that the Rebels have very good intelligence out of England, of all passages here, and for the most part speedier then the English have ther: and further saith, that they threaten that as soone as they have rooted out the Brittish and English there, to invade England, and assist the Papists in England, And further saith, that they have the Popes Legate amongst them (as they report) who sits constantly in counsell with Sir Philome Oneale, (who writes himselfe now Prince Oneale from his Palace Charlemount:) the Lord Meggennys and divers others who directed and advised the rest of the Rebels And farther saith, That the Irish Rebels doe report that they have the Kings Warrant and Great Seale for what they doe, and say they are his Majesties true Subjects; and that the English Protestants are Rebels, and not they. And further saith, that the Rebels doe generally report that there are three factions in England, whereof one is the Kings; which consists for the most part of Courtiers and Bishops, with some few Lords and Gentry: Another the Puritans, which is supported by the House of Commons, some Lords, and the Corporations and Cities in England: And the third is the Queenes, which they say is the greatest; and consists of the Catholiques, some Lords; all the Priests and Jesuites, besides the expectation they have of forraine forces: And farther saith, that they report that the Queenes faction will set such a division betweene the two others, that it will root out both of them at last. And farther saith, that the said Irish doe bragge that the Queenes faction hath the command of most of the Fortes and Forces of England. And this Examinant farther saith; that he knoweth this to be usually reported amongst them, for that he hath lived in Ireland these two and thirty yeares, and beene incumbent of the said Church eithteeene yeares, and hath heard divers of the Irish Papists of the better sort to affirme so much, which doth much hearten the Rebels, and dishearten the English: And farther saith, that the Rebels have taken the Iron-workes at Glannorreth, and great quantities of Iron; and there, and else-where cast Ordinance, make Muskets, heads for Pikes; Skeanes, and other weapons; and farther saith, that the greatest part of the nine thousand Irish Souldiers which the Earle of Strafford had at Nockvargar in Ireland, and there exercised and trayned a long time, are the most expert Commanders, Leaders, and Officers amongst the Rebels.
Thomas Ceely Major.
I shall not adventure to write unto your Majestie with freedome, but by expresses, or till such time as I have a cipher, which I beseech your Majestie to vouchsafe me. At this time therefore I shall onely let your Majestie know where the humblest and most faithfull servant you have in the world is; Here at Middleborough where I shall remaine in the privatest way I can, till I receive instructions how to serve the King and your Majesty in these parts. If the King betake himselfe to a safe place, where he may avow and protect his servants from rage (I meane) and violence, for from Justice I will never implore it, I shall then live in impatience and in misery, till I waite upon you. But if after all he hath done of late, he shall betake himselfe to the easiest and complyantest wayes of accommodation: I am confident, that then I shall serve him more by my absence then by all my industry, and it will be a comfort to me in all calamities, if I cannot serve you by my actions, that I may doe it in some kinde by my sufferings for your sake; having (I protest to God) no measure of happinesse or misfortune in this world, but what I derive from your Mejesties value of my affection and fidelity.
Middleboroough the 21. of January, 1641.
It seemes, by a new Declaration of the 21. of June in answer to our Letter of the 14. of the same moneth to the Lord Major of London, That the Lords and Commons in Parliament have much more leasure then they pretend, or that those persons whom we have before described in Our former Answers and Declarations, and of whom only we would be understood to speake; think such Declaratins and notes, to be such unresistable Engines of Battery against Us and the Law, that no strength can oppose them; And therefore, though they will take notice from whence that Letter came, they will vouchsafe it no other mention but of paper (as if found by chance) inscribed To Our trusty and welbeloved, &c. And, tis wonder that since they have usurped the supream power to themselves, they have not taken upon them the supream stile too, and directed this very new Declaration, To their trusty and welbeloved, their Subjects of the City of London, for tis too great and palpable a scorne to perswade them to take up Armes against Our person under colour of being loving Subjects to Our Office, and to destroy us, that they may preserve the King.
They are offended that we should beleeve, That their end of perswading Our Subjects to raise horse, and to furnish Money upon pretence of a Guard for the Parliament, is in truth to imploy those horse, Men, and money against us. Let the reasons of Our belief be never so strong, and their Actions never so evident to compell all other men to beleeve so too; The Lords and Commons doe beclare (think what you will, and see what you can) That the designe of those propositions for raysing Men, horse and Money, is to maintaine the protestant Religion, the Kings Authority and person in his Royall Dignity, the free course of Justice, the Lawes of the Land, the peace of the Kingdom and Privilidges of Parliament, against any force which shall oppose them, And this all men are bound to beleeve, though they see the protestant Religion, and the professors therof miserably reproached, and in danger of being destroyed by a vicious and milignant party of Brownists, Anabaptists, and other Sectaries, (the principall Ring-leaders, of whom have too great a power even with some Members in both Our Houses of Parliament) Our Authority despised, and as much again them lyes taken from us, and reviled in pulpits and presses by persons immediatly in their protection, and of their recommendation; and Our person driven away by tumults and rude multitudes, against whom we can have no Justice; The course of Justice interrupted, and stopped by Others, and Injunctions never heard of till this Parliament; The lawes of the land trampled under foot, frustrated, and new Lawes attempted to be made and imposed upon Our Subjects without and against Our Consent; The peace of the Kingdome shaken and frighted away by discountenancing the Lawes, absolving (as much as in them lyes) the people from the Rules of Government of Obedience, and then declaring a war against Us, and the lawes of the land; And lastly, The priviledges of Parliament so far extended, as if to the bare sound of priviledge of Parliament, the liberty and property of the subject, the dignity and certainty of the law were in such subjection, that they may first make what orders they please, and in what Cases they please, and whosoever disputes those Orders and submits not to those votes, breaks their priviledges, and whosoever breaks their priviledges is an enemy to the Common-wealth, and worthy of such other attributes (either of favouring the Rebellion in Ireland, or advancing the war here) as are most likely to render that person suspected or odious to the people. If in truth this be evidently and demonstrably the case, such Declarations will no more gaine credit with, or longer mis-lead Our Subjects, then if they should tell them, That We are personally with them in London, when all men see us here at York.
As they have declared (the best argument or evidence you are to look for) That all that they do is lawfull, because they do it, so they proceed by the same power to assure those, who are apt to be deceived by them, that the force already attending Us (they would certainly bee otherwise if they did really believe such force to be about Us) and the preparation we are making do evidently appear to be intended for some great and extraordinary Designe, and do justifie their former notes of Our Intention of levying warre against Our Parliament. And they have at last given some reason for that note and Declaration; They finde by Our severall Declarations, That We intend force against those who shall submit to the Ordinance of the Militia, and that We intend to make an Attempt upon Hull: In both which cases they are pleased to declare, That whatsoever violence shall be bled either against those who exercise this Militia, or against Hull, they cannot but take it as done against the Parliament. We are beholden to them that they have explained to all Our good Subjects, the meaning of their charge against us, that by Our intention of making warre against Our parliament, no more is pretended to be meant but Our Resolution not to submit to the high injustice, and indignity of the Ordinance, and the business of Hull, We have never concealed Our intentions in either of those particulars (We wish they would deale as cleerly with us) but have alwayes, and do now Declare, That that pretended Ordinance is against the Law of th e Land, against the liberty and property of the Subject, destructive to soveranity, and therefore not consistent with the very constitution and essence of the Kingdom, and to the right and priviledge of Parliament, That we are bound by Our Oath, (and all Our Subjects are bound by theirs of Allegiance and Supremacy and their own protestation lately taken, to assist Us) to oppose that Ordinance which is put already in execution against Us; not only by training and arming Our Subjects, but by forcibly removing the Magazins from the places trusted by the Counties, to their own houses, and garding it there with armed men; whither it will be next removed, and how used by such persons, We know not, That the keeping us out of Hull by Sir John Hotham, was an Act of High Treason against Us, and the taking away our Magazine & Munition from us was an Act of violence upon Us, (by what hands, or by whose direction whoever it was done,) and in both cases, by the helpe of God, and the Law, We will have justice, or lose Our life in the reaquiring it, the which we do not value at that rate, as to preserve it with the infamy of suffering Our selfe to be robbed and spoyled of that Dignity We were borne to. And if it be possible for Our good subjects to beleeve that such a defence of Our selfe with the utmost power and strength we can raise, is making a warre against the Parliament; We do not doubt (however it shall please God to dispose of Us in that Contention) but the justice of Our cause will at the last prevaile against those few malignant spirits, who for their own ends and ambitious designes have so misled and corrupted the understandings of Our People, and that both Our houses of Parliament will in short time discern by their own Observation and the Information We shall speedily give them, how neer this flourishing Kingdom is brought to ruine and confusion by these persons.
And since neither Our Declaration nor the testimony of so many of Our Lords now with us, can procure credit with those men, but that they proceed to levie horse, and to raise Money and Armes against us, we are not to be blamed if (after so many gracious expostulations with them, upon undeniable principles of Law and Reason, which they answer onely by voting that which we say to be neither Law nor Reason, and so proceed actually to levie warre upon Us, to justifie that which cannot be otherwise defended) at last we make such provision, that, as We have been driven from London, and kept from Hull, We may not be surprised at York, but in a condition to resist and bring to justice those men, who would perswade Our people that their Religion is in Danger, because We will not consent it shall be in their power to alter it by their votes, or their Liberty in danger, because We will allow no Judge of that Liberty but the known Law of the land: Yet what ever provision We shall be compelled to make for Our security, We will be ready to lay down as soon as they shall have revoked the Orders by which they have made levies, and submit those persons who have detained Our Townes, carried away our Arms, and put the Militia in execution contrary to Our proclamation to that tryall of their innocence the Law directs, and to which they were born. If this be not submitted to, we shall, with as good a conscience (and We believe we shall not want the affections of Our good Subjects to that end) proceed against those who shall presume to exercise that pretended Ordinance for the Militia, and the other who keep Our Town of Hull from Us, as We would resist persons who come to take away Our life or Our Crown from Us. And therefore We shall again remember and require Our City of London to obey Our former Commands, and not to be mis-led by the orations of those men (who are made desperate by their fortunes, or their fortunes by them) who tell them their Religion, Libertie, and propertie is to be preserved no other way but by their disloyaltie to Us; That they are now at the brink of the River and may draw their Swords, when nothing pursues them but thier owne evill consciences. Let them examine what excellent fruits of Religion the lives of those men have brought forth, and what great advances they have been of the publique Liberty and property; How long they have had those opinions, they would ruine them to defend, and how they came to those opinions; Let them consider whether estates come to them, and are settled upon them by Orders of both Houses, or by that Law which we defend; what security they can have to enjoy their owne, when they have helped to rob Us; And what a happy conclusion that war is like to have, which is raised to oppresse their Sovereign; That the wealth & glory of their City is not like to be destroyed any other way, but (and that may inevitably it must) by rebelling against Us, not their wives and Children to be exposed to violence and villany but by those who make their appetite and will the measure and guide to all their Actions. Let them not fancy to themselves Melancholique apprehensions, which are capable of no satisfaction, but let them seriously consider what security they can have, that they have not under us, or been offered by Us; And whether the doctrine these men teach and would have them beleive do not destroy the foundations, upon which their security is built And we do lastly declare againe, and publicly to all the world, That We shall proceed against all persons whatsoever, that shall assist those levies, by furnishing of Horse, Money, and plate, as against the disturbers of the publique peace, and the Authors of those distractions which threaten the ruine of those distractions which threaten the ruine of Us and this Kingdom.
Printed by his Majesties Speciall command, At CAMBRIDGE, by Roger Daniel, Princes to the famous Universitie. 1642
This more then time now, after so many Injuries and Indignities offered to Our Royall Person, so many Affronts and Scorns put upon our Kingly Office, so many scandalous, seditius and traitrous Pamphlets against Our Self and Our Government, to vindicate Our Selfe from those wicked and damnable Combinations and conspiracies which the implacable malice & insatiable ambition of some persons have contrived against Us, and to let Our loving Subjects know how much they are concerned by Our Sufferings, and how much their Peace and Securities shaken in the Assaults which are made, and the [Unreadable word; possibly 'scolds'] which are given to Our Honour and Authoritie; [unreadable word; possibly; 'show'] (specious soever their pretences are of Religion libertie) that in truth their end is nothing but Anarchy and Confusion in either: in the relation and consideration whereof (though We take no delight in the sharpnesse and bitternesse of expressions) 'tis no wonder, if being compelled to take notice of Actions of a high and injurious compelled to take notice of Actions of a high and injurious nature, and to consider and answer words impetuously directed against Majestie it self, We be likewise enforced to use a dialect rougher and different from what We have used to treat in 9'tis a weapon We blush to find Our Self put to exercise.) And We call the Almighty God to witnesse, that though We were extremely sensible of the violent and unjustifieable Impositions upon Our Royall Office and Authority, of the apparent hazard and danger which threatned Our own Person, and Safetie; yet not so much the particular consideration of Our Self, hath engaged Us in the resolution We have now taken, as the publick Case of the true Protestant Religion, the preservation of the Law, and the Libertie of the Subject, and the upholding the whole frame and constitution of this Kingdome, so admirably founded and continued by the blessing of God and the wisdome of Our Ancestours, to the wonder and envie of all the neighbouring Kingdomes, which the F[unreadable part]on the ambittion of a few discontented spirits, with their counterfeit shews of Religion, and pretences of Libertie, endeavour to shake and rend asunder, and to bring Our Self and all the Subjects of this Kingdome into perpetuall Subjection unto their vast, unlimited, arbitrary, seditious jurisdiction. We shall begin Our discourse from the beginning of this Parliament: For of the unhappy dissolution of the last (by the misinformation and advice of some persons, looked upon now under another character) We shall forbear to speak; being resolved that no disregard or undutifulnesse of other men towards Us, shall ever prevail with Us, to do what We think unsuitable to the Honour and Reputation of the just Prince, and of a good and loving Master.
When We resolved to summon this Parliament, (which We did out of Our own earnest and affectionate desire to beget a good and right intelligence between Us and Our People, and before the meeting of Our great Councel at York, and uncompelled by any violence, but of Our love to Peace) We presented to Our self the unhappy condition wherein the State of this Kingdome then stood, considered the nature of the pressures (then more freely represented unto Us) which in themselves were grievous to Our good Subjects, and in the consequences of them might appear more terrible; We took a full and clear prospect of the inconveniences and mischiefs which had grown by the long intermission of Parliaments, and by departing too much from the known Rule of Law, to an Arbitrary power, and upon the whole resolved (without putting any glosse upon Our own former Commands, or endeavouring to make any excuse for the Actions of Our Ministers) that the measure of Our justice and favour by way of reparation, should farre exceed the proportion of the sufferings Our good Subjects had undergone by Us; which We were confident would beget so mutuall an affection and confidence between Us, that such a foundation of firm and stable happinesse would immediately have been laid for the whole Kingdome, that all momorie of former grievances would have been easily buried, and that this Parliament should recieve a glorieous celebration both by King and People to the end of the World. And therefore upon the first convention on the third of November, We declared Our resolution in that point, and then or soon after desired that whatever mistaking had grown in the government either of Church or State might be removed, and all things reduced so the order of the time (the memorie whereof is justly precious to this Nation) of Queen Elizabeth; and for any expression of their affection to Us in supply of Our known necessities, We were so farre from pressing, We resolved not to think of it till all Our good People should be abundantly satisfied in all necessary provision for their Libertie and Propertie, and whatever else might disturb them in their estates of consciences, How firmly We have kept Our Self to this Resolution is evident to all the world.
At the beginning of the Parliament We quickly discerned by some circumstances of their proceedings, that they meant not to confine or contain themselves within the paths of their Predecessours; which We imputed to the disorder, and impatience, the former sufferings of the Kingdome had begot in them, and therefore We resolved to take no exceptions to any particular, but to do Our part in any point of Reformation, assoon and as often as any opportunity should be offered unto Us, believing that assoon as they should find themselves restored to their old securitie, and the matter and substance of their doubts and fears to be removed, they would easily and willingly reduce themselves into their good old way, and apply themselves to the usuall form of their Predicessours in the course of their proceedings, And though we well knew the Combination entred into by severall persons for an alteration in the Government of the Church, which could not but have an Influence upon thee Civil Government of the State too, and observed that those men had greatest interest and power of perswading of both Houses, who had entered into such Combination, yet Our Resolution was so full for the publick satisfaction of Our people, that We believed, even those men would either have been converted in their Consciences, by the clearnesse and justnesse of Our Actions, or would have appeared so unseasonable, or been discovered so seditious, that their malice and fury would not have been able to have done mischief, and therefoure We took no notice of the great labour and skill the prime Leaders amongst them had used to get men of their faction nominated and elected to serve as Members of the House of Commons, and did use to remove others (whom they knew to be of different opinions) though they were fairly and legally elected; wherein there was no other measure of rule of justice observed then singly with referrence to the opinions of affectations of the persons, witnesse (besides thier putting out or kiiping in Men upon unquestionable Elections, wiithout the least colour or shadow of Justice) their Order, whereby they at one clap expelled a very great number of persons fairly elected by their Countrey, upon pretence that they had some hand, or their names used in some Project, Monopoly or Patent, without chargeing them with any crime, or to this day proceeding against them; and yet they continue amongst them Sr. Henry Mildemay, Mr. Lawrence Whitakers, and others (whose affections and opinions they are well pleased with) though the first of them is notoriously known to be the chief Promoter of the businesse of the gold and silver thred ( a Commission complained of, viewed, and examined, and therefore his name might have been easily taken notice of) and the other as conversant, and as much imployed as a Commissioner in matters of that nature as any man. We speak not this to excuse Monopolies (the inconveniences of which We are sensible of, and shall for the future prevent) but to shew the partiality of that Faction and the use they make of them to their own advantage. The first remedy (after the impeaching severall persons of high Treason, whom they looked upon as the chief causes of the publick sufferings) they proposed, was the Bill for the Trienniall Parliament, to the which, though We might justly have paused upon severall expressions and clauses in it, and might very well have insisted upon Our old Priviledge and Custome not to passe any Bill till the end of the Session; yet since We really did believe most of the mischiefs then complained of, proceded from the too long intermission of Parliaments, and were resolved for the future to communicate freely and frequently that way with Our Subjects, We passed over those exceptions, and consented to it, especially upon this confidence, That when such other Acts should be agreed upon for the ease and security of Our People, as We desired and expected should be preferred to Us, this Act would be a sufficient earnest and assurance that all those Acts should be faithfully observed by Us, and so there should be no room left for any fears and jealousies which might prevent that mutuall Confidence between Us and Our People We earnestly desired to raise: And for some time after the passing this Act, We found such an acknowledgement from both Houses of Our singular Grace and Favour in consenting to it, and so great expressions of their affections and purposes towards Us, that We believed the sense of it would never have been forgotten, and were as much pleased that We had taken that way of obliging Our People, as they were with the benifit it selfe.
But We were very well able to discover that whatsoever seemed to be asked of Us, or to be complained of to Us, there was still a Faction of a few ambitious, discontented, and seditious persons, who under-pretence of being enemies to Arbitrary power, and of compassion towards those who out of tendernesse of Conscience could not submit to some things enjoyned or commended in the Government of the Church, had in truth a desire (and had entred into a Combination to that purpose) to alter the Government of both Church and State, which they were yet to disguise, till by their Art or Industry they had infected some with their opinions, and by their cunning demeanour and managery of the publick interests, they had seduced others to an implicite Confidence in their power, wisdome and integritie: And against this designe We onely opposed a resolution to contribute all Our assistance for the peace, happinesse and security of Our people, and so to convince their Understandings (if their errour proceeded from weaknesse) that no alteration could produce that happinesse they imagined, and (if their natures were capable of such trusts) to take some of the chief of them so near Us, that they might be witnesses of Our Actions, and privy to Our counsels, that either Ingenuitie or Gratitude might recover them from their desperate inclinations: Hereupon, because most of the grievance of Our People were conceived to proceed from the great libertie of Our Councel Board, or from some orders and directions from them, We admitted to Our Privie Councel seven or eight of these Lords, who were eminently in esteem with Our People, for their reputation of Honour and justice, some of whom We knew to be most passionately disinclined to the present managery of Civil affairs, and to the Government of the Church, and hoped that by a free Communication of their Doubts, Opinions and Counsels, they would have received that satisfaction, that they would have been excellent Instruments of a blessed Rerformation and Confirmation in Church and State.
Having begun with this foundation of confidence in Our Court, by electing such persons, We made the same haste to apply particular remedies to the visible known diseases, resolving those remedied should be proportioned to the counsel and desires of both Houses; which We thought the surest way to win at least a major Part to the confession and acknowledgement of Our Justice and Affection.
The Starre-chamber had in the excesse of jurisdiction or tediousnesse and charge of proceedings, or measure and severity of punishment invaded the Laws of the Land, and Liberty of the Subject, by exercise of an Arbitrary power; We pressed not the reformation of this Court, though erected or settled by Act of Parliament in a wise time, but at the instance of both Houses consented to the abolition of it.
The High Commission Court had proceeded with too much strictnesse in many cases, where the tender consciences of many of Our weak Subjects were concerned, and had so farre outgrown the power of the Law, that it would not be limited and guided by it, but censured, fined and imprisoned Our People for matters unpunishable by the Law; We pressed not the review of that Statute by which that Court was erected, that such power might be qualified, and provisions altered, as had been grievous to the Subject, nor desired that my other care might be taken for the upholding the Ecclesiasticall discipline, then what the wisdome and piety of both Houses should think necessary; but, in complyance to the sufferings of Our People, and the desires of both Houses, consented to the repeal of that branch of that Statute.
The Writs for Ship money, whereby severall summes of money had been received from Our good Subjects, for defence and safeguard of the Kingdome, had lain heavyupon Our People, yet were judged to be Legall: Both Our Houses of Parliament declared that the grounds and reasons of that judgement (being that when the good and safety of the Kingdome in generall is concerned, and that the whole Kingdome is in danger, We might compell Our Subjects to provide Ships, Men, and Victuals, for the defence and safeguard of the Kingdome, and that We were the sole Judge of that danger, and how the same might be prevented) were contrary to, and against the Laws and Statutes of this Realm the property of the Subject, and to the Petition of Right; without disputing Our Right, We were contented that all the proceedings in that businesse should be adjudged void, and disannulled, and the judgements, Enrollments, and Entries thereupon should be vacated and cancelled in such manner as was desired.
Under colour of executing the Forrest Laws, and of keeping the Justice in Eyres seat, very many persons had been grieved and vexed, by Presentments, Fines, Judgements and Imprisonments, the meets, limits and bounds of Forrests extended, and some endeavours been made to set on foot Forrests, where In truth none had been: We no sooner received complaint of this, but We passed an Act for the certainty of the meets, limits and bounds of all the Forrests in England, with such further provisions for the ease of Our Subjects as were desired at Our hands.
If by the negligence or wilfulnesse of Persons trusted by Us, any grievance or inconvenience had been contracted in any part of Our Kingdome (which seemed not to have so generall an influence upon the whole) upon the first clear information We did Our part for the easing of them, and therefore we passed, for the benefit of Our good Subjects of Deven and Cornwall, an Act against divers Incroachments and Oppressions in the Stannary Courts.
And We were so confident this way to win the hearts and affections of all Our good Subjects, and that both Our Houses of Parliament would at last find a time to give too, that We made their Asking the onely Rule to Our Grants, and parted with my thing they desired Us to relinquish: So in the Preamble to the Bill of Tunnage and Poundage, We parted with Our title of imposing, a Power adjudged good, and exercised by Our Ancestours, and though disputed, never resolved against by judgement in Parliament, So in the Act for regulating the Office of Clerk of the Marker, because the undue execution thereof had been grievous to many of Our loving Subjects, We consented that no Clerk of the Marker of Our House shall hereafter execute his Office in any past of Our Kingdome, but onely within the verge of Our Court, and granted the execution of the Office to the Majors and Bayliifs of Towns corporate; and to the Lords of Liberties and Franchises, and to their Deputies; So, because about the beginning of Our Reigne severall Writs had issued out of Our Court of Chancery in the businesse of Knighthood, and been transmitted with their Returns into Our Court of Exchequer, where the proceedings were not fit and warrantable, We were contented by the Act for the prevention of vexatious proceedings touching the Order of Knighthood, absolutely to part with, and discharge a right and duty, as unquestionably due to Us by the Law, as any service We can challenge; So, (which is the highest instance of trust that ever King gave his Subjects) upon Information that credit could not be obtained for so much money as was requisite for the relief of Our Army, and People in the Northern parts, for preventing the imminent danger the Kingdome was in, and for supply of Our present and urgent occasions, for fear the Parliament might be dissolved before justice should be done upon Delinquents, publick grievances be redressed, a firm Peace between the two Nations of England and Scotland concluded, and before provision should be made for the repayment of such moneys as should be so raised (though We knew what power We parted from and trusted Our Houses with, by so doing, and what might be the Consequence of such a trust, if unfaithfully managed) We neglected all such suspicions, which all men now see deserved not to be slighted, and We willingly and immediately passed that Act for the Continuance of this Parliament, being resolved that it should not be Our fault if all these particulars were not speedily provided for, which seemed then to be the grounds of their desire.
Let all the World now judge, what greater obligations of justice, favour, affection and trust can a Prince lay upon his Subjects then We did upon both Our Houses of Parliament by these Acts; and whether We did not in Our free Grace and Favour grant much more then had been asked of Us by that Petition presented Us by some Lords at York, in which was then thought to be contracted all that was grievous to Our people, and all that was just and gracious for Us to do for them.
And in all the time in which these Acts were framing and passing, though Our own personall wants were notoriously known, and unkindly unprovided for, and themselves had asked leave to look into and settle Our Revenue, which We consented to, and therefore We might have expected same fruit of that pretended Care, We never pressed them or made the least overture to them for Our own supply, onely desired them (and 'twas almost the onely thing We did desire of them? that they would use all possible expedition in the businesse of the Treaty, that the two Armies might be speedily disbanded, and Our Subjects eased of that heavie burthen which in time would grow insupportable, and waste the whole Stock of the Kingdome: But We found the Faction We feared in the beginning, grew still stronger, and nothing converted or reconciled by all those Acts of Ours, which would have made any nation happy; that whilst We were busie in providing for the publick, they were contriving particular advantages of Offices and places for themselves; made use underhand of the former grievances of the Subject in things concerning Religion and Law, to change the Religion and Law of this Kingdome, labouring that neither any thing the Subject had suffered from the Crown might be forgotten, nor any satisfaction from the Crown to the Subject might be remebred: And therefore instead of acknowledging Our great justice, and singular favour in passing those Acts, they infused into Our people that We passed them unwillingly, (whereas We never made the least pause upon any of them but one, that for the High Commission Court, and whether that was penned with that warinesse and animadversion, that there be not more determined by it, then the major part of both Houses intended at the passing of it, let themselves judge) and that We meant not to observe them; and grew so much confounded with the full measure of Our favour, that they would allow themselves no securitie of enjoying what We had freely given, but by taking away any power from Us of giving more; They must have a through alteration both in Church and State, or else they should never enjoy the benefit of Reformation We had willingly made. Hereupon they oppose the disbanding of the Armies, and give all delayes to the scots Treaty, though the Commissioners for the Nation very earnestly pressed the hastening of it, and in plain English declare, That they cannot yet spare them, that the sonnes of Zerviah were too strong for them, and finding more haste to be made in the asserting the Civill Interests then they desired, having a designe to engage this Kingdome into so vast a debt, that there might be no way of paying it but by the Lands of the Church, and left Our good Subjects might be too soon satisfied, they hasten on to their designe upon the church, which they at first disguised with a purpose onely of removing the Bishops from their votes in the Lords House.
This Bill passed the House of Commons; in the House of Peers it endured severall long, fee debates, and in the end upon great and solemne deliberation was by the consent of very much the major part of that House, absolutely rejected. This was no sooner done, but that Faction (glad of the miscarriage of their former Bill) the passing where - of they knew would have satisfied many of those, whom they hoped now further to seduce, produced a Bill to be tendred in the House of Commons for the abolition of Bishops out of the Church of England, root and branch (according to their first Resolution, as M. Pim told a member of the Lords house by way of reproof, That it was not enough to be against the Persons of the Bishops, if he were not against the Function) and for extirpation of all Deans and Chapters, and reducing that admirable frame of government, and support of learning into a Chaos of Confusion, that out of it they might mould an Utopia, no six of them had, nor We believe yet hath agreed upon further then to destroy the present, and out of the goodly Revenue which the pious bountie and devotion of former Ages had been so long in raising for the encouragement and advancement of Learning and Religion, and which God hath blessed with so many eminent men whose learning and llives have advance the Doctrine of the Protestant Religion, and many of them given their bodies to the fire, as a sacrifice to that Truth and Religion, to erect Stipends to their own Clergie, and to raise estates to repair their own broken fortunes. And for the free passing of this Bill (which to this houre they could never tell what to make of) two Armies must be kept in the bowels of the Kingdome at fourscore thousand pounds a moneth charge to the Common-wealth: for about this Bill the House of Commons was so wholly taken up, that in ten weeks none or very little other businesse could be thought of..
About this time or little before, after severall intimations of Treasons, Plots, and Couspiracies by the Papists, of great provisions of Arms by them, and training men under ground, and many other false reports, created, spread, and countenanced by themselves, upon some generall apprehensions of designes against them a Protestation is made in the House of Commons for some union and consent amongst themselves to perform those duties, which (if they had meant no more then they expressed) had been sufficiently provided for by the oaths they had already taken, and which the former duties obliged them to. Hereupon a Protestation is framed, and being put into such words, as no honest man could believe himself obliged by it to any unlawfull Action, was voluntarily taken by all the Members of the House of Commons, and presently recommended to the House of Lords, where it received the same Countenance, that is, was looked upon as containing nothing in it self unlawfull, though some Members of that house refused to take it, being voluntary and not imposed by any lawfull Authoritie; then 'tis recommended to the Citie of London, and over all the Kingdome, by Order from the House of Commons (a strange, and unheard of usurpation) to be taken by all Persons: But within very few dayes upon conference amongst themselves, and with those Clergie men who daily solicite their unlawfull and unwarrantable designes with the people, they find they were by this Protestation so fare from having drawn people into their Combination, that in truth all men conceived that they were even engaged by it against their main designe, by promising to defend the true reformed Protestant Religion expressed in the Doctrine of the Church of England, &c. And hereupon some persons of that Faction prevailed that after the members of the Houses had taken it, a Declaration was set forth by the House of Commons, that by those words, The Doctrine of the Church of England, was intended onely so farre as it was opposite to Popery and Popish Innovations, and that the words were not to be extended to the maintenance of the Discipline and Government, &c. And so under this explication and Declaration published onely by the House of Commons, and never assented to by the House of Peers, this Protestation was directed to be generally taken throughout England; and to that purpose a Bill is drawn, passed the House of Commons, and sent up to the Lords, who at the second reading, finding many particulars in it unfit to be so severely imposed upon the Subjects absolutely rejected.
Upon this ensued a new an unheard of distemper in the House of Commons, as if it had been great presumption in the House of Peers to refuse any Bill sent from them and threupon a Vote passed in the House of Commons, That that House did conceive that the Protestation made by them, is fit to be taken by every person that is well affected in Religion, and to the good of the Commonwealth, and therefore doth Declare that what person soever shall not take the Protestation is unfit to bear office in the Church or Commonwealth, and ordered that the Knights, Citizens, and Burgesses should send down to the severall places for which they serve Copies of that Vote of the House concerning the Protestation, and that those Votes should be printed.
Let all men judge, whether before that time from the beginning of Parliaments the House of Commons had ever presumed to trench so farre upon Our Priviledge, to make a Declaration so like Law without Us; or upon the priviledge of the Lords, to make and publish such a Declaration after they had rejected the Bill, and some of them refused to take the protestation; or upon the Libertie of the Subject, so farre to impose any such thing upon them, without consent of Parliament. Yet of this We took no notice, but pressed still the disbanding of the Armies, and interposed and quickened them in nothing else; which was again with all earnestnesse desired by the Scots at Newcastle, and pressed by their Commissioners at London.
But a new fright was now found to startle the People, and to bring Us into hatred or jealousie with them: The generall rumours of Treasons and Cospiracies began to lose credit with all men, who began to consider what they felt more then what others feared; and therefore they had now found out a Treason indeed, even ready to be put in execution upon the whole Kingdome, the representative body thereof, a Plot to bring up the whole Armie out of the Northern parts to London. A strange Plot indeed, which considering the constitution of that time, no man can believe Us guiltie of, and though they made great use of it to the filling the minds of Our People with fears and apprehensions; they seemed not then to charge Us with any knowledge of, or privitie to it; what they have done since, all the world knows, notwithstanding Our many Protestations in that point. And We cannot but say, that by those Examination of Colonell Goring, Sir Jacob Astley, and Sir John Conyers, and M. Percies letter, which is all the Evidence We have seen, and by which they seem principally to be guided, We cannot satisfie Our own private Conscience, that there was ever a Resolution of bringing up the Armie to London, and upon the strictest examination We can make of that businesse, We can find it to be no other then this:
Observation being made of the great Tumults about Westminster, which seemed to threaten the safety of the Members of both Houses, at least of those who were known not to agree with the designes of that Faction We have before spoken of, and the manner of delivering Petitions by multitudes of People attested (or pretended to be so) by the hand of many thousands against the known Laws and established Government of the Kingdome, which yet seemed to receive some countenance, and to carry some authoritie, as instances of the affections of so many persons; it fell into the thoughts of some Officers of the Army of known and publick affections to their Countrey, that a Petition of a modest and a dutifull nature from the whole Army for the composing and settling all grievances in the Church and State by Law, might for the reason of it prevail with the whole House, and coming from such a Body might confirm those, who might be shaken with any fears of power or force by the Tumults: And with this Proposition We being made acquinted, gave Our full approbation to it, taking great care that no circumstances in the framing it, or delivering it, might be any blemish to the matter of it.
This We call God to witnesse, as We have done before, was all We gave Our consent unto, or which We believe was ever intended to be put in practise (what attempts other men made to seduce the affections of the Army from Us, is known to many.) If in the managery of this debate any rash discourses happened of bringing up the Army, it is evident whether they were proposed in earnest or no; they were never entertained and the whole matter laid aside above two moneths before any discovery, so that that danger was never prevented by the power and wisdome of Parliament: And for the Petition it self which hath been so often pressed against Us, as a speciall Argument of Our Privitie to the bringing up the Army, after We have so fully and patticularly answered every particular circumstance of that Petition signed with C. R. We have herewith published a true Copie of that Petition, that all Our good Subjects may see how justly We have been traduced, and judge when Petitions of all natures were so frequently and so willingly received, whether such a Petition might not with modesty &c duty enough have been presented unto them: And if in truth that desire of bringing up the Army had been then believed, when it was first pretended to be discovered, which was about the middle of May, they would surely have thought it necessary to have disbanded that Army sooner then August, which no pressing of Ours, nor of Our Scots Subjects could perswade them to do. And We are sure Our Innocence in this matter would soon have appeared, if the large time to brin this businesse to a Judicial tryall had been made use of; if, contrary to all custome, it had not been thought fit to publish depositions before the parties concerned had been heard to make their defence, or witnesses crosse-examined, though they attended above twelve moneths to do it; and if some men had not believed that their generall and violent expressions, affirming this to be a Plot equall to that of the Gunpowder treason, would soon be believed, if it were not publickly discussed, but seft to every mans fancie to heighten according to his own inclinations; and had not feared that if the whole examinations taken (and not such onely as they pleased to select) had come to light, it would have appeared by the examination of M. Goring, (purposely supprest) with what intention that mention of bringing up the Army was made, with what earnestnesse it was opposed, and with what suddennesse it was deserted; and many extenuations of, and many other contradictions to what is now published, would have appeard, and this impossible stratageme, with which they have so much disturbed Our Subjects, and reproched Us could never have been made so much use of.
After all this readinesse in Us to do whatsoever they desired of Us, and patience in suffering them to do whatever they pleased to Us, We gave them warning that if there were any more good Bills, which they desired might passe for the benefit of Our Subjects, We wished they might be made ready against such a time, who We resolved according to Our promise to Our Scots Subjects (with which they were well acquainted) to repair into Our Kingdome of Scotland, to settle the unhappy differences there. Upon this We were earnestly desired by both Our Houses of Parliament to defer Our journey thither, as well upon pretence of the danger, if both Armies were not first disbanded, as that they had many good Laws in readinesse for the settling the differences here. We were by their intreaty perswaded to deferre Our journey to a day agreed on by themselves, assuring Our self that they would think themselves obliged against that time not onely to disband Our Armies, but so to prepare and digest the businesse of Parliament, that We might have made a Session before Our going: But that Malignant Faction was so prevalent, that the debate of the Bishops Bill took up most of their time, so that neither any care was taken for the disbanding the Army, nor any thing done that had any reference to the publick benefit; and when the time of Our stay was expired, and even the day come themselves had appointed, a new addresse was made to Us for a longer stay was expired, and even the day come themselves had appointed, a new addresse was made to Us for a longer stay of foureteen dayes, because the Treaty was not concluded, nor the Armies disbanded, which was the main ground of deferring it before. This sute (which was the first We denied them) We could not grant, there being that necessity with reference to Our promise, and to the expectation of Our Subjects of Scotland, that it was not in Our power to satisfie them, as We informed both Houses Our Self at the conference, and according to that necessity We undertook that journey, not doubting but that when We should have dispatched the affairs of that Kingdome, which We hoped speedily to do, and both Our Houses of Parliament should have refreshed themselves in the Visitation of those, for whom they had so well provided by Our favour, We should meet again with mutuall confidence one in another, and that it would be Our turn then to receive such testimonies of that confidence and affection We had deserved.
But the mischievous and indefatigable Industry of that Malignant partie, which had before Our going interrupted that correspondence, which We deserved from Our People, had with no lesse malice provided for Our reception at Our return. In stead of reducing businesse to that head, that the distractions of the Kingdome might be composed by the due observation and execution of the Laws, We found things farre more out of order then We left them, and Our good Subjects more puzzled to know their duties: Orders had been made in the House of Commons & published in derogation of the book of Common Prayer, and for suspension of those Laws in force which concerned the government of the Church; and though another Order of the Lords was likewise published according to Law, for the due observation of the Laws established, and for suppressing those disorders, which were every day breaking out by faction of mean loose persons, against the divine Service appointed by Law, the House of Commons took upon them publickly to declare against that Order, because it was onely made with the consent of eleaven Lords, and that nine other Lordes did then disssent from it; whereas in truth the said Order was made in a full House in January before, and onely ordered then by that difference of number to be printed, after the House of Commons had made (in a way very thin House, and after it had been rejected by Vote) that illegall Order, for such Alteration in the Church; and if in truth it had been then made, and but by the ods of two voices, being in pursuance of the Law, all men will think it of much more validitie then any Order of the House of Commons against the Law, which in truth hath no Authoritie to make any Orders in businesse of that nature; and therefore the publishing that Order and Declaration of the ninth of September, must be confessed by all men, to be such a breach and violation of the Priviledge of the Peers House (besides the affront offered to Us, and injurie to Our good subjects, and to the Law by it) that before this Parliament was never heard of, and was an apparent evidence that they meant the whole managery of the Kingdome, and the Legislative power should be undertaken by the House of Commons, without the consent either of Us, or Our Nobilitie; yet the execution of this Order was with great diligence and animositie pressed upon Our good Subjects, and many troubled and imprisoned for not submitting thereunto.
When they had made this breach upon the Ecclesiasticall State, they took care (under pretence of encouragement of Preaching) to erect Lectures in severall Parishes, and to commend such Lecturers as best suited with their designes, men of no Learning, no Conscience, but furious promoters of the most dangerous Innovations which were ever induced into any State, many of them having taken no Orders, yet recommended by members of either house to Parishes, as to Leusham in Kent, and many other places; and when Mechanick persons have been brought before them for preaching in Churches, and confessed the same, the power of these Grand Reformers hath been so great, that they have been dismissed without punishment, hardly with reprehension. All persons of learning, and eminency in Preaching, of sober and virtuous Conversations, and great Examples in their lives, even such as amongst these men had been of greatest estimation and suffered somewhat for them, were discountenanced, and such men principally cherished who boldly and seditiously preached against the Government of the Church, against the Book of Common Prayer, against Our Kingly Lawfull Power, and against Our Person, many of which were commended to (if not imposed upon) Parishes, first by special letters, and earnest solicitations from the prime Leaders of this turbulent Faction, after by Orders, requiring such Ministers as would not accept their recommendation to attend and shew cause; All licence was given to those lewd, seditious Pamphlets, which despised the Government both of Church and State, which laid any imputations or scorns upon Our Person or Office, and which filled the ears of all Our good Subjectes with lies, and monstrous discourses, to make them believe all the ill of the Government, and Governours of Church and State; Books against the Book of Common Prayer, and the established Laws of the Land suffered without reprehension to be dedicated to both houses of parliament; whatsoever the rancour and venome of any infamous person could digest, published without controll, and nothing discountenanced and reproched but a dutifull regard of Us, and Our Honour, and a sober esteem and application to the Laws of the Kingdome.
This was the condition we found at Our return from scotland, besides a strange groundlesse apprehension of danger infused generally into the minds of Our good Subjects, as if some notable designe were in hand against the Parliament, against the Citie of London, against the whole Kingdome of England, Then fell out an accident, whilest we were in Scotland, concerning the Marquesses of Hamilton and Argyles: These two Lords, upon some information given to them that their persons were in danger, upon a sudden withdrew themselves from the Parliment in Scotland, and for some few dayes removed out of Edenbrough, Whatever they hade been informed, and whatever they suspected, and the grounds of both were very fully examined by the Parliament there, their Persons being of that quality and estimation in that Kingdome that they were sure of justice: upon the whole, themselves and the Parliement were satisfied that the Information first given to them could not be made good to the proof of any designe to the danger of those Lords, and the examinations of the whole matter sent by Our direction to Our Parliament here. How (of all had been true that was imagined) this businesse could so highly and nearly concern the Peace of this Kingdome, and the present safety of both Our Houses of Parliament, We cannot imagine; yet upon the fist report of it here, (which was the day before the first meeting after the recesse) without staying to heare the opinion of Our Parliament there, who used all diligence in the examination, or of Our Parliament here, such stranee glosses and interpretations were made upon that accident (not without reflection upon Us, and Our Honour) as if at the same time there had been such a designe to have been executed here, as they had fancied to themselves that to be, and a sudden resolution was taken, first by the Committee during the recesse, after by the Houses to have a Guard for the defence of London, Westminster and both Our Houses of Parliament, which must needs make a great impression in the minds of Our good Subjects, in a time when they were newly freed from the fears of two Armies, to be awaked with the apprehension of dangers, of which seeing no ground,they were to expect no end.
Matters being thus stated, and all possible skill being used by that Faction, and their Emissaries of the Clergie (who at the same time suchclamour was raised of the unlawfulnesse that the Clergy should meddle in temporall Affairs, were their chief Agents to derive their seditious directions to the People, and were all the week attending the doores of both Houses to be imployed in their errands) to infuse the most desperate fears into the minds of men that could be imagined, to be sure that the memory of former bitternesse might not depart, they provide for Our entertainment against we should come to London, to present Us with a Remonstrance (as they called it) of the State of the Kingdome; laying before Us, and publishing to all the world, all the mistakes, and all the misfortunes which had happened from Our first coming to the Crown, and before, to that house, forgetting the blessed condition (not withstanding the unhappy mixture) all Our Subjects had enjoyed in the benifit of Peace and Plenty under Us, to the envie of Christendome; objecting to Us the Actions of some, and the thoughts of others, and reproching Us with matters which indeed never entred into Our thoughts, nor to Our knowledge into the thoughts of any other; reviling Us to the People, and complaining to Us of the House of Peers, (whose authority,intrest and priviledge, was then as much slighted and despised, as ours is since) and easily passing over those singular Acts of Our Grace passed by Us this Parliament, or ascribing them to their own wisdome in the procurement, they concluded against a Milignant party, and that they had no hope of settling the distractions of the Kingdome, for want of concurrence with the House of Peers; and that concurrence was desperate by reason of the prevalancy of the Bishops, and of the Recusant Lords, into which number all those Lords were cast who presumed to be different from any propositions made by the House of Commons. When this engine was prepared for the people by the prime Leaders of that desperate Faction, it was presented to the House of Commons, and the greatest industry and skill used that is imaginable, by private solicitations, threats, and promises to procure consent that it might be passed by that House, and after a long debate (longer then ever was known in Parliament, till three of the clock in the morning from ten the day before, when very many through wearinesse and weaknesse were forced to leave the House, so that it looked (as was well said) like the verdict of a starved Jury) they carried it by eleaven voices, and shortly, within very few dayes after Our return (when We had been received with all possible expressions of joy by Our citie of London, which was publickly murmured against, and the chief advancers of that dutie and affection discountenanced, (as if they envied Us the Loyaltie of Our popole) and when it was publickly said in the House of Commons upon some dispute of a pretended breach of the Orders of the House, That their discipline ought to be severe, for the enemy was in view, that Remonstrance was presented to Us at Our Court at Hampton Court by some Members of the House of Commons, with a Petition (contracting the sharp language in the Remonstrance into lesse room) amongst other things, That we would concurre with Our people for depriving the Bishops of their Votes in the Parliament (for which there was then no Bill passed both Houses) and to imploy such persons about Us as Our Parliament might confide in. We received this strange Petition and stranger Remonstrance graciously from the hand of the Presenters, promised them an Answer, and in the mean time desired that the Remonstrance might not be published to the people, the thing it self and the printing any thing of the like nature being never heard of by the direction of the House of Commons till this Parliament, it being the first appeal to the people, and of a dangerous consequence to Parliaments themselves: But (as in other things neither Our desires or Commands have been considered) without giving Us leisure to answer either the one or the other, speciall direction is given for the printing that Remonstrance, and equall care taken for the publishing it in all places and parts of the Kingdome.
Having taken this care for the shaking and perplexing the minds of all men, the next work was to get such a power into their hands as might govern and dispose of those affections. To this purpose they had from the beginning of the Parliament (by reason of some Complaints against the immoderate exercise of the Authoritie of the Lieutenants and their Deputies, in raising Coat and Conduct money and some excesses in them) severall debates in the diminution of the Office it self, but still grounded upon the illegall pressures used by them, & upon some words in the Commission it self, which (though of long usage in very happy dayes) were conceived not agreeable to the Law; but they were so farre from supposing the Office it self or the Commission to be illegall, that both Houses of Parliament had recommended two Lords to Us, and desired Our Commission to make them Lords Lieutenants of Yorkshire and Dorsetshire, the onely end seeming then to be that good and approved men should be in these imployments and trusts: But at last they resolved against the Office it self, and would think of some other way to provide for the safetie of the Kingdome in that point. And in this they had a double end: First to fright all persons (Members of both Houses who had been Lieurenants, and Deputy Lieutenants) to comply with them in their Votes lest they should be called in question for the execution of those Offices (a strategem they had found to engage many persons to their opinions, as Sheriffs for the collecting Shipmoney, and all other persons, who in truth were or might be made obnoxious to their power) then, that by unsettling that whole businesse of the Militia throughout the Kingdome, they might the more easily bring in their own power of governing it as they have since endeavoured to do; and thereupon they presumed to bring in such a Bill into the House of Commons to place a Generall on Land, and an Admirall at Sea by Act of Parliament, with such Power and Authoritie over the lives and fortunes of all Our Subjects as should be lyable to no controul, nor to be questioned by any superintendent hand, with a pre-pardon for whatsoever they should do under colour of those Offices; either of which Officers should have been a much greater man then Our Self, and commanded in Our Kingdome above Us. The matter of which Bill, to shew their designe, is since digested into their new Generalls Commission, and the pretended ordinance to the Earl of Warwick. And all this was then pretended to be a matter of absolute necessity for the preservation of Us and Our Kingdome; but at that time it could procure no other credit then to be suffered to rest in the House, as an evidence of the libertie might be used in the preferring of Bills. They had by this time taken all the licence at their private Caballs to under value and vilifie Our Person and Our Power, and in publick to give way and countenance to any scandals upon Us: Letters from the Major of Plimouth that the Rebels in Ireland call themselves the Queens Armie, and pretend the Kings Authoritie for what they do; and store of such discourses upon such evidence is every week printed in the journalls of the House, which without doubt must be of great Authority with Our people who must conceive such informations to be not onely fully and clearly proved, but to be accepted and published upon very weighty reasons, above the Consideration of Our Honour and Safety.
And now they were to examine what notable Credit their Remonstrance, and their other generall Infusions had got with the people, and how ready they would be upon occasions to venture themselves at their direction: They had made themselves so terrible in the House of Commons, that by their threats, and their promises of places and preferments to severall men, and by the absence of many, they had gotten the major part, but in the House of Lords their power was not the same; that must be wrought another way; yet there they had used all means to prevail upon the hopes and fears of such who they thought might that way be dealt with, witnesse among many other things of the same nature, that insolent speech of M. Pim to the Earl of Dover, That if he looked for any preferment, he must comply with them in their wayes, and not hope to have it by serving Us.
Shortly after their coming together upon the recesse, a new Bill was preferred in the House of Commons, for the taking away the votes of Bishops out of the House of Peers, which being once rejected before, ought not by the course and Order of Parliament to have been admitted again the same Session: but that was easily overruled, and in the House of Commons it did passe; many good men the more willingly concurring therein, upon hope that that Bill being once consented to, the fury of that Faction which with fragrant violence pursued an absolute destruction of the Ecclesiasticall Government, would be abated, or that the rage being discerned they would lose that strength which imported them. But the Lords quickly found that the Ringleaders of that Faction had not ingenuity enough to be compounded with, and therefore with them it was not like to find so easie a passage. Now their resort was to the people, whom upon severall occasions they had trained down to Westminster in great multitudes with swords and clubs, and had often sent for them when any debate was like to be carried against them in either House, the particulars whereof We are ready to prove.
Every man will conceive, We were in a great strait to find Our Self so much disappointed of that return, the consciousnesse of Our own merit, and the many glorious professions made by both Houses, bid Us to expect: We saw the Laws absolutely trampled under feet, and a designe laid to ruine the Government of the Kingdome, and to destroy Us and Our Posterity: We saw this designe carried by a few men, whose hatred and malice to Our Person We found implacable, and their contempt of Us and Our Authority so visible and notorious, that they forbore not to expresse it in their mention of Us in all Companies: We saw their Power and Interest to be so great, that they were able to mislead very many honest men, and to countenance their Actions under the name of both Houses of Parliament: We were resolved that nothing they should do within those walls should provoke Us, till time and the experience good men should have of them should discover their purposes; therefore We applyed Our Self onely to the Law, hoping that the insolence and licentionsnesse of the people might by Our help be curbed by that Rule. The Tumults grew so notorious and so dangerous, that they threatned and assaulted the Members of both Houses, whereupon the House of Peers (which it seems the Lords present at the passing of one of their late Declarations, wherein they denie there having been any Tumults, had forgot) at a conference with the House of Commons twice very earnestly desired that they would for the dignity of Parliaments joyn with them in a Declaration for the suppressing such Tumults; but the prevalency of that Faction was so great, that though complaint was made by Members in the House of Commons, that they had been assaulted and evil intreated by those People even at the doore of their House, in stead of joyning with the Lords for the suppressing or punishing them, severall speeches were made in justification of them, and commending their Afections, saying, 'They must not discourage their friends, this being a time they must make use of all their friends': and M. Pim saying, 'God forbid, that the House of Commons should proceed in any was to dishearten people to obtain their just desires in such a way': which he had good reason to say, himself and those other persons, whom We afterwards accused of High Treason, having by great solicitation and encouragement caused those multitudes to come down in that manner. The Lords having in vain tried this way, appoint (upon the advice of the Judges) that a Writ be directed to the Sheriff and Justices upon divers Statutes (which issued accordingly) to suppresse and hinder all tumultuous resort; in obedience to which the Justices and other Ministers appoint the Constables to attend about Westminster to hinder that unlawfull conflux of people, This was no sooner done, but the Constables and Justices of the Peace where sent for by the House of Commons, the setting such a watch voted to be a Breach of Priviledge, and before any conference with the Lords, by whose direction that Legall Writ issued out, the watch discharged, and one of the justices, for doing his duty according to that Writ, sent to the Tower.
About the same time there was a tumultuous Assembly of Brownists, Anabaptists, and other Sectaries called together therby the sound of a Bell into a place in Southwark, where the Arms and Magazine for that Brough were kept, the Constable knowing such meetings to be unlawfull, and the consequences of them (especially in such places) to be very dangerous, came amongst them; he was no sooner come, but he was reproched with words, beaten, and dragged in a very barbarous manner, insomuch as he had hardly escaped from them with his life: complaint was made by him to the next Justices, and oath made of the truth of that complaint, whereupon a Writ was sent to the Shefiff to impanell a Jury according to the Law for the examination, and finding of this Riot. This was complained of too; and the meeting (in how tumuluous and disorderly a manner soever) pretended to be onely for the drawing of a Petition against Bishops, and that the Constbable was a friend to Bishops, and came to crosse them, and to hinder men from subscribing that Petition. Hereupon an Order was made in the House of Commons, and the Under-Sheriff of Surrey by it enjoyned, that he should not suffer any proceedings to be made upon any inquisition that might concern any persons who met together to subscribe a Petition to be preferred to that House. What authority the House of Commons had or have to send any such Injunctions, We cannot conceive; yet by this any disorderly persons (let teir intentions and demeanours be never so seditions) are above the reach of the Law and Justice, if they please to say they meet to prepare any Petition to the House of Commons, And 'tis no wonder, if after all this care taken to remove all those obstacles the Law had put in the way to such Tumults, all people took upon them to visit Our Parliament in such manner as they thought fit, and thereupon great multitudes of mutinous people every day resorted to Westminster, threatned to pull down the lodgings where divers of the Bishops lay, assaulted some in their Coaches, chased others with boats by water, laid violent hands on the Archbishop of york in his passing to the House, and had he not been rescued by force, it is probable they had murdered him; crying through the streets, Westminster Hall, and between the two Houses, 'No Bishops, no Bishops, no Popish Lords'; and misused the severall Members of either House, who, they were nformed, favoured not their desperate and seditious ends, proclaiming the names of severall of the Peers, as evil and rotten hearted Lords; attempting the defacing the Abbey at Westminster with great violence, & in thir return from thence made a stand before our Gate at Whitehall, said, 'they would have no more Porters Lodge, but would speak with the King when they pleased', and used such desperate rebellious discourse, that We had great reason to believe Our own Person, Our Royall Consort, & Our Children to be in evident danger of violence; and threfore were compelled at Our great Charge to entertain a Guard for securing Us from that danger: and yet all this danger is so slighted, that We are told in the last Declaration, after We have so often urged it, 'That it is a suggestion as false as the Father of lies can invent'.
These licentious and unpunished Tumults gave occasion to the Bishops (who could not repair to the house without danger of their lives) to make that their Protestation, for the which they were forthwith accused of High Treason by the House of Commons, and committed to the Tower by the House of Peers, where they continued for the space of foure Moneths at the least. That small Guard we had taken for Our necessary safety, and the resort of some Officers (who attended both Our Houses of Parliament for money due to them by Act of Parliament and upon the publick faith) to Our Court for Our defence against those Tumults, was objected against Us, and divers counterfiet Letters were written, and senselesse fears infused into the Citizens of London, that We had a Designe of Actuall violence upon that Citie, and thereupon they were drawn into Arms, and put upon their Guard against Us; so that there was not onely no provision made for the suppressing of Tumults, but that provision the Law had made against them discountenanced and taken away, and We Our Self censured for taking so much strength about Us, as might for some time oppose such force as was like to be offered to Our own Gates. What should We do: We very well knew the Contrivers of all these mischiefs, who had by their exceeding Industry and Malice wrought this distraction throughout the Kingdome, such a defection of Allegiance in the Common people, such a damp of Trade in the Citie, and so horrid a Confusion in the Church, and all this to satisfie their own private ends, and Ambition; for themselves know what overtures have been made by them, and with what importunitie, for Offices and Preferments, what great services should have been done for Us, and what other undertakings were (even to have saved the life of the Earl of Strafford) if We would conferre such Offices upon them: We were sure We could make such particular proofs against them of a solemn Combination entred into by them for altering the Government of the Church and State; of their designing offices to themselves and other men; of their solicition and drawing down the Tumults to Westminster, and of their bidding the people in the height of their rage and fury to go to Whitehall; of their scornfull and odious mention of Our Person, and their Designe of getting Our Sonne the Prince into their hands; of their treating with forein Power to assist them, if they whould fail in their enterprizes: Yet We saw too that their interest and Reputation was so great with many of both Houses of Parliament, their Power so absolute with a multitude of Brownists, Anabaptists, and other Sectaries about London, who were ready to appear in a body at their Command, that it would be a hard matter to proceed against them.
In this strait We resolved to do Our part in both, to give Our People a clear satisfaction of Our upright intentions to the publick, whereby they should find their happinesse did not at all depend on such Instruments; and to proceed against the Persons of the other in a Legall way, that all the world might see what Ambition, Malice, and Sedition hath been hid under the vizard of Conscience and Religion. Hereupon We prepared an Answer to the Remonstrance the House of Commons had before published to the People of the State of the Kingdome, wherein without taking notice of the uncomely Language in, and the Circumstances of that Remonstrance, We declared with as gracious and full expressions as We could make, Our earnest Resolutions for the maintenance of the true Protestant Religion, the Libertie and Property of the Subject, and the Law of the Land, and made no lesse gracious offers to consent to any Act that should be offered for the ease of tender Consciences in matters indifferent, and very earnestly desired that the same might be provided, and whatever else should be thought necessary for the Peace and Security of Our People, and then that We might likewise manifest the Actions of that Malignant Partie, which had done so much mischief, and intended so much more, We resolved to accuse the Lord Kimbolton, M. Hollis, M. Pim, M. Hampden, and M. Strode (who had so maliciously contrived the ruine of Our Self and the established Government of this Church and Kingdome) and S. Arthar Haslerigge (who had been made their Instrument to obey & execute their bold and wild Designes) of high Treason, as We had great reason to do, hoping that the duty due to Us, and the obligations We had put upon Our People this Parliament, would never suffer the Interest and Reputation of these men to be laid in the Scale and to overweigh Our Regall Authoritie, and the Law of the Land, but that We should have found a way open to a fair and legall Tryall of them, which was all We desired.
How Our proceedings was in that businesse and Our managery of it, We have truly and at large set forth in Our Answer to the Declaration of both Houses of the 19 of May; That what We did first in acquainting the House of Commons with Our Accusation by Our Serjeant at Arms, was in correspondence and out of regard to that House, that We might rather have them delivered to the hands of justice by them, then apprehend them by an ordinary Minister of Justice, which We were and are assured, whatever Doctrine is preached to the contrary, We might well have done in the Case of Treason, otherwise that maxime in the Law, acknowledged in a Petition of both Houses to Us in the beginning of Our Reigne is the case of the Earl of Arundell, That in case of Treason, Felony, and breach of Peace, Priviledge of Parliament doth not extend, is of no signification. The words are, 'They find it an undoubted Right and constant Priviledge of Parliament, that no Member of Parliament (sitting the Parliament or within the usuall times of Priviledge of Parliament) is to be imprisoned or restrained, without sentence or Order of the House, unlesse it be for reason, Felony, is for refusing to give sureties for the Peace'. in those cases twas then thought a Member of either House was not to be distinguished from another Subject. And why We might not as well have expected that upon Our Articles (not so generall as a mere verball Accusation) of high Treason, either House would have committed their severall Members, as they had done so many this Parliament, and about that time twelve together (upon a confessed ground, which every man there who knew what Treason was knew that fact to be none) merely because they were accused; and as the House of Peers had formerly done a Member of that House (the Earl of Bristol) accused in the same manner, most of the good Lords being then Judges, We neither could then, nor can yet understand: That Our coming to the House was to prevent that shedding of blood which in all probability was like to follow that Order made the night before for resisting all such Officers who endeavoured (upon how legall warrant soever) to arrest any Members of either House (an Order much more unjustifiable by any rule of Law and Justice, by which Orders or Acts are to be examined then any thing We have done, or any body by Our Authority) That Our purpose was no other but to acquaint that House with the matter of Our Accusation, to desire their Persons might be secured, and without any thought of the least violation of their Priviledges, This is that which We did. Examine now their part, and their Progresse since, and then judge whose Priviledges have been invaded, and with how good a mind to the Commonwealth they have proceeded.
We were no sooner gone, but the House adjourned itself with some unusuall expressions of offence, and We were speedily informed that some Reports and Scandalls were raised against Us in Our City of London, that We had offered violence to Our House of Commons, came thither with force to murther severall Members, and used threatning speeches there against our Parliament, and that this was but a Preface to an attempt We meant to make against and upon the City. Wereupon We resolved the next day to go to the Guildhall, & to shew the great confidence We had in the Affections of Our said City (which We expected should have begot a proportionable confidence from them in Us) We went attended with very few of Our own Servants, and then in the presence of the Lord major, the Aldermen, and a very great Assembly of the chief Citizens and others, We made them a full Narration of what We had done the day before, and assured them that We intended no proceedings, but such as were most agreeable to the Law of the Land, and the priviledge of Parliament. This Demeanour of Ours We thought would have given satisfacton to all Our loving Subjects, that if in truth We had erred in the form of Our proceedings, yet Our intentions were full of justice and regard to the generall Law of the Land, from which We shall never willingly swerve. But in stead of any application to inform Our Judgement, wherein We had erred, and how We were to proceed, both Our Houses of Parliament under the Title of Committees adjourned themselves to the Guild-hall; and afterwards to Grocers-hall; the Persons accused remove themselves into the City, as to Sanctuary, and there manage and contrive businesses to their own ends; They cause Discourses to be published, and infusions to be made of incredible danger to the Citie and Kingdome by that Our coming to the House: an Alaram was given to the Citie in the dead time of the night, that We were coming with Horse and Foot thither, and thereupon the whole Citie put in Arms: And however the envy seemed to be cast upon the designes of the Papists, mention was onely made of Actions of Our own. Their seditious Preachers and Agents are by them and their speciall and particular directions sent into the severall Counties to infuse those fears and jealousies into the minds of Our good Subjects, with Petitions ready drawn by them for the People to signe, which were yet many times by them changed three or foure times before the delivery upon accidents and occurrences of either or both Houses. And when many of Our poore deceived People of Our severall Counties have come to Our City of London with a Petition so framed, altered, and signed as aforesaid, that Petition hath been suppressed, and a new one ready drawn hath been put into their hands, after their coming to Town, (insomuch as few of the company have known what they petitioned for) & hath been by them presented to one or both Our Houses of Parliament, as that of Bedfordshire and Buckinghamshire, witnesse those Petitions; and amongst the rest that of Hartfordshire, which took notice of matters agreed on, or dissented from, the night before the delivery, which was hardly time enough to get so many thousand hands, and to travel to London in that Errand. The accused members, to shew how much they were above Us, and the reach of the Law, march with a Guard of Armed men to the place where the Committee sat, sit with them, and govern those Counsels. First they procure a Declaration to be set forth and printed from the Committee (without being reported to the Housee, contrary to all Custome and Priviledge of parliament, and against the Law itself) with very strange expressions of Our Carriage, and upon the matter requiring all People to assist them. This they cause to be sent into the City to the Common Councell, which by the undue practices of Captain Venne and Mr Fulkes, since made Alderman for his good service, (their principall Agents) they had caused to be altered by putting out the gravest and most substantiall Citizens, and taking in Persons of desperate fortunes and opinions, who they knew would concurre with them in their more desperate Actions: (the same Designe and the same way pursued to make the City of London at their disposall, as had been practised in the House of Commons to work upon the whole Kingdome) and with this Common Councell correspondence is kept for the setting of unusuall Watches, placing of Guards in severall places of the City, as if some desperate attempt and assault were to be made upon the whole City by Us, who were known scarce to have a Guard strong enough to preserve Our own House from violence. A Commander is aappointed under the title of Serjant major Generall; and as if all men were now by their new Protestation made judges of the Priviledge of Parliament, and the breaches thereof, and absolved from all rules of Obedience, speciall provision is made, and publick direction is given for drawing down the Trainbands of Our City of London to Westminster on a day appointed to guard, and bring in triumph the Persons accused of high Treason, as such worthy patriots, that the Common-wealth it self could not subsist, but with reference to them; who in their Dicourses, and by their Messages to their Confederates expressed the greatest scorn of, and the most treasonable reproches against Us, that can be imagined.
When We understood this horrid peparation made against Us, the Power it was evident these persons had to do hurt, and the malice We knew they bore against Our Person (which We had too great reason to fear they intended to seise) We resolved to yield for the present to this Storm, and so the day before their coming to Westminster, We withdrew Our Person, with Our Royall Consort, and Our Children to Our House at Hampton Court, and the rather, left the Courage and Indignation of some of Our good Subjects might (how weakly soever, yet with the effusion of bloud) have opposed that great scorn intended Us; and believing that possibly by Our removing with all such Persons whose presence was excepted against, and discharging that small Guard which the Tumults had forced Us to take for Our safetie, and which was urged as an argument of danger, and ground of the generall fears, might at least lessed their appearance the next day: But these powerfull Persons would by no means conceal their triumph over Us, but the next day are guarded from their Residence in the City with multitudes of armed men, and Ammunition, in a Hostile and Warlike manner to Westminster. The same care and industry was used to provoke and incense Our Mariners, Masters of Ships, and other Seamen, who were solicited by the Agents for the accused Persons, and by their speciall direction to expresse their affection likewise to the Cause in hand. And threupon near one hundred Lighters, and Long-boats were set out by water, laden with Sacres, murdering Pieces, and other Ammunition, dressed up with Mast-clothes, and Streamers, as ready for fight. And in this Array these men by water, and the Souldiers by land cryed out as they passed by, that they would thus protect and defend those Worthy Gentlemen, whom We had accused of High Treason, and as they passed by Our Windows at Whitehall, scornfully asked 'What was become of Us, whither We were gone?' In this Equipage they came to both Houses, where 'tis no wonder they have been since able to govern, having given such testimony of their power both by land and water. Let all the world judge by what Law this Army was raised, and whether any Act of Ours against these Persons was as unwarrantable as these proceedings.
We bore all this, being so much amazed at these distractions, that We could not easily find what colour the malice of these men had found out thus to outface Us, not yet conceiving We had broke any Priviledge, or that the casuall breaking of Priviledge could have produced such prodigious distempers: But We were no sooner advertised where Our mistaking was, but without recrimination of complaining of the Injuries against Our Self, We sent to both Houses on the twelfth and fourteenth of January by Message, that in Our proceeding against those persons We had not the least intimation of violating their Priviledges, which we would be willing to assert by any reasonable way We should be advised; that We would wave Our former proceedings against them, and when the minds of men would be composed, would proceed in an unquestionable way; in the mean time desired all jealousies might be laid aside, and application be made to the publick and pressing affairs, especially to those of Ireland, which cried for the utmost of Our assistance. But it concerned those persons by no means to suffer such a composition: If these fears and jealousies were not kept up, and inflamed in the people, and the distractions heightened, they knew they should not onely be disappointed of the Places, offices, honours, and Employments they had promised themselves, but be exposed to the justice of the Law, and just hatred of all good men. Therefore the businesse of both Kingdomes was not considerable to the Interests of the six Members, who would be thought the Pillars both of Church and State. They had now found a danger nearer hand then ireland, and an Army raised by Us in one night at Kingstone upon Thames: and upon some extravagant information, pretended to be given to a Committee, (though some of their pretended witnesses publickly in the House disavowed any such testimony) they procured an order to be framed, and though before the publishing of it they had full and clear Evidence to the contrary by Persons come immediately from the place, and testifying it to be most quiet and peaceable, they yet had power to procure that Order to be published on the thirteenth of January (the next day after they had received so gracious a Message from Us) declaring that the Lord Digby and Colonel Lunsford (the former of which was in the Town onely with a Coach and six horses, the other onely attended by his Servant, and hath been since earnestly pressed by the Serjeant of the House of Commons (in whose custody he was) to accuse the Lord Digbie, with promises that thereby himself should be discharged) had gathered Troops of Horse, and appeared in a warlike manner at Kingstone upon Thames (being with in a mile of Our Court) to the terrour and affrightment of Our good Subjects, and to the disturbance of the publick Weal of the Kingdome: And therefore it was ordered that the Shefiff and Justices of the Peace should, with the assistance of the Trained bands, suppresse such Assemblies, &c. And this way they found out to draw that County to affront Us, and sent multitudes of mean People, under pretence of petitioning Us, to shew Us how unsecure Our Residence was like to be there too, and so in a short time compelled Us, Our Royal Consort, and Our Children to remove to Our Castle at Windsor. They proceed then by a close Committee (a thing scarce heard of till this Parliament, and of dangerous Consequence to the same and reputation of all men) to examine such mean, unknown persons as they had by threats and promises solicited to that purpose, concerning the Circumstances of Our coming to the House, exhibiting bold and malicious Interrogatories and Questions concerning Our Self, and upon such wild informations of desperate Persons, contrary to the known truth, and concealing other examinations which they had taken, and by which the contrary to what they would have the People believe would have appeared, particularly that very full examination of Captain Ashley, wherein Our publick and peremptory Commands against all manner of violence (though provoked) are sufficiently manifested; they procured an Infamous Declaration to be published by the House of Commons (for the House of Peers could not be yet prevailed with to joyn in those extravagancies) on the seventeenth of January, mentioning Our coming to the House, and some rude expressions of some Pesons (who if there were any such Persons there, We are most confident they were not of Our Train) and would inferre from some mens calling for the Word at Our coming out of the House (which is a form used in Our Court, that those of our Train who are before may know when and whither they are to go) that We had a purpose to have fallen upon the House of Commons, and to have cut all their threats, and do threfore, Declare, That Our coming to the House was a trayterous designe against the King and parliament; That Our Proclamation, issue out for the Apprehension of them, was false, scandalous, and illegall; That it was lawfull for all men to harbour them, and that whosoever did so should be under the Protection and priviledge of parliament, with many other expressions of, and aspersions upon Us, which they hoped would render Us odious to Our good Subjects, and force Us for Our Safety to submit to such unreasonable Propositions which amongst themselves they had provided to be offered to Us or provoke Us to such Actions as might give them some advantage. To keep the People in a continuall Alaram and apprehension of danger, few dayes passed without some pretended Discovery, by Sr Walter Earl, or other quick-fighted men, of some Treason or Plot against the Parliament, the Citie, of the Kingdome; and upon every light and impossible information, many of Our Subjects sent for out of severall Counties who after chargeable Attendance were dismissed without any reparation or reprehension. One day the Tower of London is in danger to be taken, and Information given that great multitudes, at least a hundred, had that day resorted to visit a priest, then a Prisoner there by Order of the Lords, and that at the time of the information above fifty or threescore were then there, and a Warder dispatched of purpose to give that notice: upon enquiry, but foure Persons were then found to be there, and but eight all that day who had visited that Priest. Another day a Taylour in a ditch, in the open fields, over-hears two Passengers to plot the death of M. Pim, and of many oher Members of both Houses. Then libellous Letters found in the streets with our names (probably contrived by themsleves, and by their power published, printed, and entred in their journalls) and intimations given of the Papists training under ground of notable provision of Ammunition in Houses, where, upon examination, a single Sword, and a Bow and Arrows are found: A designe of the Inhabitants of Covent-garden to murther the Citie of London; News from France, italie, Spain, and Denmark, of Armies ready to come for England, with infinite such riduculous Discourses, which are not onely suffered and directed to be printed, but such countenance and credit given to them, that thereupon Guards must be doubled, correspondencies and letters interrupted and broken open, even of and to forein Ministers of State and Embassadours, to the scandall of the Nation, and against the Laws of Society and civill Conversation; a Committee appointed for Information, where liberty hath been taken, without any accusation or complaint extent, to examine the discourses passed at meals and entertainments, what words such a man spoke, and such other monstrous things, as in a short time will render life it self unpleasant, and make every Room and every Table a bait to betray men, and to bring them to ruine and destruction; insomuch as persons have been sent and imployed by Members of that Committee, on purpose to the tables of Persons of Honour and Qualitie, to inquire, observe, and in form what language and freedome was there used, whilst these Worthy accused Members took the liberty to themselves in all their private meetings, and by their letters, to deprave and slander Our person, to contrive the alteration of the Government of the Curch and State, to treat with forein Power to assist them as soon as their Designes should be ripe, to labour by promises and threats to bring the severall Members of either House to their Opinion, and to raise scandalls upon, and to plot danger and ruine for those who were of another opinion.
And having now by these Acts disquited and distracted
the People abroad, and made them fit to receive any impressions from
them, they proceed to work upon the Members of both Houses with infinite
Industry and Applications, that they might be able to get the
reputation of consent from them, to encourage and set the People awork,
if We refused to consent with them. They had removed as many Members
from them of a contrary opinion as they could, and had used all means to
get men who would be disposed by them into their rooms. If they found
any such Lord, who had not a name in their List of the good Lords, were
like to have any influence upon a place where an Election was to be,
presently an Order was conceived and published that no Letters from any
Nobleman ought to be written in such cases, and if written to be
neglected, but would by no means consent that this Order should
conclude those of the House of Commons, lest Pim, or any of those
blessed Members might not write in the behalf of the Commonwealth, for a
Worthy Gentleman.If any elections were questioned, whereby they were
like to lose a man at their disposal, such businesses and questions were
of too provate a nature to interrupt their proceedings: so neither the
Election of Newcastle, Warwick, Windsor, and very many other places, for
whom Persons serve without and against the consent of the Burroughs for
whom they have got themselves returned or admitted, can be heard of
considered. If the Election of any such Persons hath been heard at the
Committee, and they Voted out of the House, as unduly chosen or
returned, they will by no means suffer such a Report to be made, lest a
good Member should be lost, as in the case of M. Nicholls (M. Pims
Nephew) and others. Are they concerned in the contrary, and is any man
returned and admitted whom they would be rid of, and against whom the
least pretence is made? straight a day is appointed, no businesse so
great as fit to be a cause to keep a Worthy Member from the service of
his Countie; this is the case of Andover and other places. They rid
themselves of those (how justly soever elected) whose opinions are not
suitable, nor their dispositions weak and guilty enough to be wrought
upon: Their next Conquest must be of those whom they could under any
generall Vote conclude to be obnoxious to the justice (and so to be
within the mercy) of the Parliament; to this purpose their terrible
Votes (which they keep as Rods over them, having never proceeded against
any) against all those Lords who had concurred in such an Order at the
Councel Table, or such a Censure in the Starre Chamber; against all
Lords, Lieutenants, and their Deputies, who had raised Coat and Conduct
money; against all Sheriffs, who had levied Ship money; against all
Lords and other who had been concerned in, or received profit by any
monopoly, or illegal Patent; in a word, against all such who had meddled
in any thing which their Interpretation would call grievous to the
Subject, brought all Persons of either house, who had guilt enough to
doubt themselves, or want of spirit enough to fear them, either to be
absent, or silent, or to complie with them; And if any man had the
Courage to consider the single businesse justly, and by it self, they
were straight making an Inquisition into his whole life, and preparing
something against him, for matters of which their Favourets were equally
guilty, and declared publickly, That what disservice soever any man had
done formerly, if his present Actions were such as brought benefit to
the Commonwealth, he ought not to be questioned for what was past, but
cherished and protected. They had severall baits to catch and betray
other men: Those who had been from the beginning deceived by them, and
complied with them in their Passion, and been subtilly involved in some
of their private Councels, they perswaded that they were so farre in,
there was no retyring; that We would never forget the disservice they
had done Us, and therefore that there was no way to safety for
themselves, but by weakning Us, and putting themselves into such a
condition as it should not be in Our Power to suppresse them: To those
who had publick thoughts about them, and desired the establishment of
right equally between Us and Our Subjects, and thought that right and
favour they had obtained from Us this Parliament could never be enjoyed
by them with that Lustre and Securitie, if the power from which they
received it were oppressed, or rendred of lesse veneration, they seemed
abundantly satisfied with those Acts We had passed, that they had no
further aim then to enjoy those but that they had upon Our unwilling
passing those Acts (which all the world knows to be an untruth most
maliciously framed) great reason to fear We meant not to observe them,
when in truth We had by the Bill for the Trienniall Parliament put Our
Self, and Our Posteritie (which We were willing to do) out of any
possibilitie of destroying or not observing those good Laws: To those
who were desirous to give that satisfaction to weak Consciences, that
they might be eased of unnecessary Ceremonies, yet were scandalized at
the profane and odious licence which the rabble of Brownists,
Anabaptists, and other Sectaries took to themselves of despising and
reviling the Book of Common Prayer, of suffering Mechanick ignorant
fellows to undertake publickly, even in Churches, to preach and expound
the Scripture, they seemed no lesse to be disquieted at that disorder,
but alledge that all reconciliation and union was to be embraced, and
pursued against the common Enemie, the Papist (from whom the danger was
principally to be feared) and when a perfect victorie was obtained
against them, they should easily bring the other poore, harmlesse
Creatures to Conformitie: Those who out of lazinesse, and vulgar
spiritednesse were apt to complie with that Part, which was at last
likely to prevail, they informed and assured confidently that they had
those about Us, who would at last perswade Us to yield to all they
demanded, and that all Places and Preferments should attend their
directions, and be disposed by them, and that all such who opposed them,
should be inevitably destroyed: Those whom neither their skill nor
importunity, their threats nor their promises could prevail with to
comply in their bad wayes, they proscribed as a Malignant Party, and
having cast all the aspersions upon them folly and madnesse could
devise, exposed them to be torn in pieces by the People. And having thus
disposed themselves,and perplexed the People, they proceed to laying
that foundation of Greatnesse and Power to themselves, they had from
the beginning contrived, and as if all the Pillars, upon which the
Peace, and Happinesse, and Being of this Kingdome was founded, were now
shaken by the attempt against those six innocent Persons, and that all
Our power was therefore to be transferred into other hands, they cause
the matter of the bill formerly exhibited in october before, to be again
revived; and now all the Forts, and Castles of the Kingdome, and the
whole Militia must be put into such hands, as they might confide in. A
Garrison must be put into Our Town of Hull, and Sr John Hotham appointed
Governour of it, to whom the Major of York is ordered to dispose two
thousand pounds out of the Pole money, which was to pay the Arrears due
to that County for Billet, and the great debt to Our Subjects of
Scotland: And when the Major and principall Aldermen of Hull refuse to
receive that Garrison, and urge the Petition of Right, that they may not
be forced to billet those Souldiers, they are sent for to the House of
Commons, and there kept in a tedious and chargeable Attendance, till the
Garrison be taken in, being sent for to no other purpose, Our own
Magazine must be managed and disposed by their discretion. The Towne of
London must be put into their hands, and a Person [side note: Sr. John
Byron] against whom malice it self could not find the least accusation
must be removed, for no other reason, but because We had a good opinion
They who are the strictest in the censure of Us, and of Our easinesse, will find upon this State of things, that We had enough to do, and that there was much difficulty to resolve. We will never deny that Our extreme tendernesse of the Peace of the Kingdome, and Our great grief of heart to see Our good Subjects misled in their duty and affection, begat more of Our Compassion and Pity then of Our Anger and indignation, so that We were more awake to the sense of the calamity and misery which in all probability was like to befall them, then of Our own Honour and Dignity, and therefore without expressing the least resentment of all the scorns and injuries put upon Us, and to shew how much Our Soul was possessed with the care of Our People,We sent a Message to both Our Houses of Parliament from Windsor, on the 20 of January, desiring them, for the composing the miserable Distractions of the Kingdome, to enter speedily into a serious consideration of all particulars, as well those which might concern their Priviledges, their Liberty and their Property, the securing the true Religion, and the settling of Ceremonies, as those of Our just Regall Authority and Revenue, that so both We and they might make a clear judgement of them, and We might make it appear how farre We were from giving grounds to those Fears and jealousies, by exceeding the examples of the most indulgent Princes in Our Acts of Grace and Favour to Our People. No body will blame Us, if We expected at least such an Answer as might bring Us and Our Houses of Parliament to an issue, that We might temperately debate what was to be done: But they who well knew the nature of their own Demands, and what they meant to insist upon, would by no means that things should be brought into so little room, or discover the particulars of their desires, till they saw what strength they were like to have to second those desires: Therefore a new Adjournment is made to Grocers Hall, to consult of evils and remedies, severall Petitions, framed and contrived by these Persons themselves, are sent into the severall Counties, and Multitudes of People resort every day to both Houses with Petitions, avowing the Fears and jealousies these men had infused into them, and desiring to have the Kingdome put into a posture of Defence, and declaring their stout Resolutions to maintain the Priviledge of Parliament.
In this triumph, they vouchsafe to Petition Us to proceed against the Members accused, or else that they might be publickly quit. We were resolved to give them no more advantage upon breach of Priviledge, and therefore desired to be informed which way We were to proceed, and whether We might preferre indictments against them at the Common Law: We were answered, That no proceeding should be against them without consent of that House of which they were members, and therefore We were desired within three dayes to inform both Houses what proof We had against them, or else they should be cleared; and they had before caused their false, scandalous Declaration of the fourteenth of January, of Our coming to the House, to be new printed, together with the Protestation, and to be sent over the whole Kingdome by the Knights, and Burgesses, us if by the one they were obliged to defend the other. In this Case no man will believe We had reason to bring in Our proofs against these men, and to publish Our Evidence, when We were told, it was in the power of the Major part to chuse whether they should be tryed or no; and We might easily see, and all the world will judge by the proceeding then, and their publick expressions since, whether if We had proved a Conspiracy amongst them to have taken away Our life, they would not have found some distinction between Our Person and Our Office, which should have preserved these persons from the hand & course of justice. And to what other end should that doctrine be published with so much passion, That in Case of Treason We might not proceed against any Member but by consent of the House, (so contrary to Custome, Law, and Reason) but to let all men know it should not be in Our power to question them for any thing they should do against Us, let the Law be never so clear in the point. Upon all these considerations, rather then to waste time in the dispute, when they are resolved to be their own judges too, We sent them word by Our Answer to their Petition of the second of February, That We found We had good cause to desert any prosecution of those Members, and further offered to grant such a free and a generall pardon to all Our loving Subjects as should be thought fit by the advice of both Houses, which We thought to be the best way to compose all Fears and jealousies of what kind soever. But the businesse of these men could not be done that way; a generall Pardon would never have settled the Militia, and dispossessed Us of those Right and that Power, without which they could not compasse their Designes. They now resort to their old refuge, the common people of the Citie and Suburbs, and whatever they desired, these men must ask for the satisfaction of the Fears and jealousies of the Citie. The City had been desired to lend a hundred thousand pounds for the felief of ireland; and their Answer is drawn up to their hands, of their inability to lend, and such reasons given as might advance what had been upon generall discourses neglected. The ten thousand men proffered by the Scots for ireland were not accepted; a Bill having been offered Us for pressing, and in it a clause (not necessary to the present, and therefore purposely as We conceive put in, in hope We would upon that refuse it) declaring Us to have no power to presse (a power constantly practiced by Our Ancestours, & even in the blessed times of Queen Elisabeth) and Our pause upon it was urged as a Designe to lose that Kingdome, although We had offered to raise ten thousand Voluntiers for that purpose, if they would pay them; The not securing of the Cinque-Ports, though the custody of them was in a Noble Person, against whom the least exception could not be made, and the not settling the Kingdome in a posture of Defence; The not removing Sr. John Byron from being Lieutenant of the Tower, whereby through distrust they were forced to forbear the bringing in of Bullion to the Mint (when 'tis notoriously known there was more Bullion brought in to Our Mint in the time that Gentleman was Lieutenant, then in the same quantitie of time in any mans remembrance) The Votes of the Bishops and the Popish Lords in the House of Peers, and all other things which were then in Designe, and had in vain been attempted by them, by the refusall of the House of Peers severall times to joyn with them, were now urged as principall reasons by this Petition of London, why they could not lend a hundred thousand pounds to Ireland, and were pressed by severall other Petitions contrived by them, and presented to both Houses, or to the House of Commons. And these Petitions are carried up to the Lords by M.Pim, who takes upon him to reproch them for not concurring with the House of Commons, and impudently layes that scandall upon Us, That We had suffered many to passe by Our own immediate Warrant, who were since Commanders in the head of the rebells: a false and abominable scandall, raised by his own malice to draw Our good Subjects against Us, without the least colour or shadow of truth, as appears by those Answers they have published to Our exception in that point, wherein there is not the least evidence of any such Warrant granted by Us. Though M. Pim be a great Person, that We can have no reparation against him for that Calumny, but had Credit enough with the House of Commons to perswade them to charge themselves unjuustly to excuse him, and to take upon them that he had said nothing in that Speech but by their directions, all this had not that quick operation with the Lords, with whom (though they had committed twelve Bishops for Treason, a thing themselves blush at,and the Popish Lords had absented themselves) they could not prevail to joyn in matters so unreasonable in themselves, and dishonourable to Us; therefore the House of Commons by themselves petition Us, thank Us for Our message of the 20 of January, though they have since declared it to be breach of Priviledge, resolving to take it into serious and speedy Consideration, onely desire for their security, That We will put the Tower of London, and all the Forts of the Kingdome, and the whole Militia into such hands as should be recommended unto Us by them, (for the House of Peers had refused to joyn with them and so were upon the matter petitioned against, and left out in the power of recommendation.) Sure this was the strangest petition that till that time had ever been presented by the House of Commons to their King, yet we returned a gratious Answer, That if any particular should be presented to Us, whereby it might appear that the Lieutenant of the Tower was unfit for the trust We had committed to him, We would immediately remove him; otherwise We were obliged in Honour and Justice not to put such a disgrace upon him. For the Forts and Castles, that We were resolved they should be alwayes in such hands, and onely in such, as our Parliament should have cause to confide in; that We would have the Nomination of them Our Self, but that they should be alwayes left (if any thing were objected against them) to the Wisdome and Justice of the Parliament. For the Militia, that when some particular course should be proposed to Us for the ordering of it, We should return an answer agreeable to honour and Justice, as appears more at large in Our Answer of the 28 of February to that Petition.
This gave them no better satisfaction then the former: but finding that without the consent of the house of Peers (of whom much the major part, though the Popish Lords and the Bishops were absent, dissented from them) and against Our consent, they were not like to prevail over Our people, they resolve of another attempt upon them; their old Friends the Multitude must be again brought down by the great Conductor Captain Venne, who is notoriously known, and proof thereof offered to be produced by M. Kirton to the House of Commons, to have severall times sent to the solicited people to come down out of the City with swords and pistols when he hath told them, or sent them word by his Wife, That the worser party was like to have the better of the good Party; and for all which publick offer, neither was M. Venne then suffered to answer to this charge, nor M. Kirton allowed anytime (though many dayes were set) to bring in the particulars and witnesses. Many persons are importuned to set their hands against the Lieutenant of the Tower, that they durst not bring in any Bullion to the Mint for want of confidence, when they never brought in any in their lives; and being asked how they could set their hands to such a Certificate (when it was known that never greater Quantity was brought in then at that time) answered, That they were directed by Parliament men to do so, or else they could not compasse their ends: and having gotten multitudes of people of severall Counties, or such as pretended to be so, to deliver petitions to both Houses, and to desire leave that they might protest against those Lords, who would not agree to the Votes of the House of Commons, as the Petitions of Surrey and hartfordshire do; and perswaded others in the name of many thousands of poore people in and about the City of London, to petition against a malignant Faction,which made abortive all those good intentions, which tended to the Peace and Tranquillity of the Kingdome, and to desire that those Noble Worthies of the House of Peers, who concurred with them in their happy Votes, might be earnestly desired to joyn with the House of Commons, and to sit and vote as one entire body, professing that unlesse some speedy remedy were taken for the removall of all such obstructions, as hindred the happy progresse of their great endeavours, the Petitioners should not rest in quietnesse, but should be enforced to lay hold on the next remedy which was at hand, to remove the disturbers of their Peace, and (want and necessity breaking the bounds of modesty) not to leave any means unassayed for their relief; adding, that the crie of the poore and needy was, That such persons who were the obstacles of their peace, and hinderers of the happy proceedings of this Parliament, might be forthwith publickly declared, whose removall they conceived would put a period to those Distractions, after it had been said in the House of Peers, 'That whoever would not consent to the proposition made by the House of Commons, concerning the Forts, Castles, and the Militia' (when it was rejected by a Major part twice) 'was an Enemie to the Commonwealth'. This Petition was brought up to the House of Lords by the House of Commons, at a Conference, and after, the same day, M. Hollis (a person formerly accused by Us of High Treason, and most malicious Promoter and Contriver of those Petitions and Tumults) pressed the Lords, at the Barre, to joyn with the House of Commons in their desire about the Militia, and further (with many other Expressions of like nature) desired in words to this effect, 'That (if that desire of the House of Commons were not assented to) those Lords, who were willing to concur would find some means to make themselves known, that it might be known who were against them, and they might make it known to them who sent them'. Upon which Petition,so strangely framed, counselled, and seconded, so great a number of the Lords departed, that that Vote passed (which they had so often before denied) in Order to the Ordinance concerning the Militia, and since that time, they have been able to carry any thing: and upon the matter, the Resolution of the House of Commons hath been wholly guided by those Persons who had given so plain Evidence that they had the Multitude at their Command, and hath wholly guided that of the House of Peers, who with little debate or dispute, have for the most part submitted to whatsoever hath been brought to them. Shortly after they passed their ordinance with such a Preamble, as highly concerned Us in Honour and Justice to protest against; wholly excluding Us (in whom that whole power absolutely was and is) from any power or authority in the Militia, the Armes and strength of the Kingdome, and that, for as long as they pleased: And as if the matter were not worth the considering, or that there ought to be no other measure to guide Us in point of judgement, or understanding, but their Votes, it was ill taken that we did not immediately return Our Answer, but took some time to consider it, and we were again with great passion and impatience pressed to give Our Answer, they being pleased to tell Us, 'They could not but interpret the delay to be in a degree a deniall': And in the mean time to give Us an instance how modestly they were like to use such power, when We should commit it to them, they presumed of themselves (knowing We had appointed Our sonne the Prince to meet Us at Geenwich in Our return from Dover) to inhibit his meeting Us there, and to endeavour to get him into their custody. All these things considered, and the Insolence, and Injustice of the Ordinance, We might very well have rejected that Proposition with a flat deniall, and just indignation; but we easily perceived that Our good People were misled by the Cunning and Malice of those Boutefcus, and thought it alwayes a compliance worthy a Prince to take all possible pains to undeceive such who are led into mistakings, and therefore we returned to their Proposition for the ordinance a gracious Answer and Animadversion, made it evident to them, that the Preamble was in it self untrue, and against Our Honour to consent to, and expressed Our clear intention in Our going to Our House of Commons; We allowed all those Persons recommended to Us (except onely in Corporations, to whom a Right was formerly granted by Charter, not consistent with this Ordinance) and offered to grant such Commissions to them, as had very long and happily been used in this Kingdome, and which we had this very Parliament granted to two Lords, at the instance and intreaty of both Houses. If that power should not be thought enough, We offered to grant any should be first vested in Us, and so We be enabled to grant; but desired that the whole might be digested into an Act of Parliament, whereby Our good Subjects might know, what they were to do, and what they were to suffer, that there might be the least latitude for the exercising of any Arbitrary Power over them; which Answer we desire all Our Subjects to reade, and consider, whether we did not thereby grant all which themsleves had first desired, and whether there was cause to Vote such who advised that Answer to be Enemies to the State, and mischievous Projectours against the defence of the Kingdome. But as if all the Acts passed by Us, (amongst which that for the taking away the Votes of the Bishops out of the House of Peers was the last) were of no other value, but as instances that we would never deny them any thing, they immediately in great fury addresse themselves to Us with a new 'Humble Petition' (as they called it, but was indeed a threatning) and told Us plainly, 'That if We would not then (in that instant) give Our royall assent to their ordinance, they were resolved to dispose of the Militia by the Authoritie of both Houses without Us; advised Us to stay about London, to put away evil Counsellours, and to let our son the Prince be and continue at St James's, or some other or Our Houses near about London, that the Jealousies and Fears of Our People might be prevented'. We must appeal to all the world, whether considering what had been done in publick, and said in private, We had no cause of jealousie, and whether having such evidence of the malice, guilt and power of those accused Members, who had designed to have taken the Prince Our Sonne from Us by force, it was not high time to remove a little further from that Torrent, which might have overwhelmed Us, and made them as well, and by the same Rule, Masters of Our Person, as of Our Militia. This carried Us first from Theobalds to Newmarket; and whosoever reads the Declaration sent Us thither, the strange language given Us, and scandalls laid upon Us in that Declaration, will not wonder, that We made all the haste we could from thence to York.
What hath happened since Our coming hither, both in Words and Actions, is too notorious to all the Parts of Christendome, who, with wonder and delight, are amazed to see the Wisdome, Courage, Affection, and loyalty of the English Nation appear so farre shrunk and confounded by the malice, Cunning and Industry of Persons, contemptible in number, inconsiderable in Fortune and Reputation, united onely by Guile and Conspiracy against Us. A licence even to Treason is admitted (that is not punished) in Pulpits, and Persons ignorant in Learning and Understanding, turbulent and seditious in disposition, scandalous in life, and unconformable in Opinion to the Laws of the Land, are by these men, their Recommendation and Authoritie, imposed upon Parishes to infect and poyson the minds of Our People. Our Towns, Our Goods, Our Money are taken from Us, and to make the scorn compleat, care is taken to perswade Us that We are not injured, but that all is done for Our good. Opinions and Resolutions are imposed upon Us by Votes, and Declarations, that We intend to levie Warre, and then Armes taken up to destroy Us; Rebellions, and Treasons contrived, fomented, and acted against Us, and then reproches cast on Us, and warre raised against Us, because We are displeased. We send our Command to our Keeper of our Great Seal of England, to adjourn the Term from London to York, a thing as much in our power, as in what room of our house We will lodge or eate; this is straight Voted to be illegall, and our Keeper of Our Own Seal peremptorily forbid to do his duty, to seal a writ or Proclamation to that purpose: And when in obedience to Our expresse Command he comes to wait on Us, he is pursued with a warrant to all Majors, Justices of the Peace, Sheriffs, and other Officers to apprehend him. A Committee is sent down into the Countries near Us to execute their pretended ordinance, who compell Our Subjects to take Armes against Us, and threaten and imprison such as refuse, without the least colour of Law; whilst such who execute Our Legall Commission of Arrray are sent for as delinquents, and declared to be enemies to the kingdome, Our own moneys seized upon at London, and no supply suffered to be sent Us; all persons are forbid to come to Us, and care given to all men, near the Northern Road, to stop all men and horses, who are for Our service coming to York, there being (as Mr. Hollis sayes, in his speech, of which he hath the sole printing, and hath granted that Monopoly to one underhill) 'a mark set upon that place, and an opinion declared concerning those who shall resort thither': Our Hight-wayes are shut up, and Our good Subjects are hindred in their journeys, and their goods seized and detained from them, becauuse they have occasions to use them in the North: Our own jousehold Servants refuse to attend Us upon Our Summons, and then the putting them from their places is Voted an injury to the Parliament, and whosoever shall accept of those places, to offer an affront to the Parliament, and render themselves unworthy of any place of Honour or Trust in the Common-Wealth: Sr. John Hotham is commended and protected for keeping Us out of Our Town of Hull by force and Armes; and Our raising a Guard for Our defence is voted levying warre against Our parliament; whilst he murders Our Subjects, takes them prisoners, burns their houses, drowns their Land, robs all men he can lay hold of, and committeth all the insolent Acts of hostility against Us, and Our Subjects, which the most unequall & declared enemies practise in any Countrey. And when after all these outrages, Our miserable Subjects throw themselves at Our feet, crying for and challenging Our Protection, We must not perform that duty towards them, nor presume to say Sr. John Hotham is a Traytour, because he hath Priviledge of Parliament. Our Royall Navy, Our own Ships, are taken from Us, the Earl of Warwick made Our Admirall in despight and scorn of Us, who chases Our Subjects, and makes warre upon Us, under the Authority of another pretended Ordinance; and his letter published by the direction of the House of Peers, to shew how easie it was to make an election, rather to despise Us, and the known unquestionable Law of the Land, then to neglect an Order of both Houses in a matter they have no more just power to meddle in, then they have to sell Our Houses, Parks, and Crown land; and they may as lawfully send those Ships to the Indies and ordain that we shall never have more, as keep them in the Downs against Our will, and under the Command We do protest against to all the world. We are defamed and publickly reproched for want of zeal against the Rebells in Ireland, and when we offer to venture Our own Person, and our Crown-land for the relief of our miserable Subjects there, such a journey is voted to be against the Law, to be an incouragement to the Rebells, that whosoever shall assist Us in it, shall be an enemy to the Commonwealth, and that the Shefiffs of Counties shall raise power to suppresse any levies We shall make to that purpose. And after all this (when it hath been 'publickly said by M. Martin, That Our office is forfeitable, and that the happinesse of this Kingdome doth not depend upon Us, or any of the Regall branches of the Stock: and by Sr. Henry Ludlow, That we are not worthy to be King of England', and been declared, 'That We have no negative voice', which puts Our Crown, the Law of the Land, the Liberty and Propertie of the Subject absolutely into their hands) We are told by these devout champions for Anarchy & Confusion, 'That We are fairly dealt with, that We are not deposed; that if they did that, there would be neither want of modesty or duty in them'. They publish false, scandalous Declarations to corrupt Our good Subjects in their Loyalty and Affection to Us, injoyn them to be read, and disperse them with all care and industrie, and send for all Ministers, who according to Our Command publish Our Answers to undeceive Our people, as Delinquents, not withstanding We have not prohibited any to reade theirs: They commit the Lord Major of London, and other Majors, for publishing Our Proclamations according to Our writ, and his Oath, and straitly charge all Our Ministers of Justice not to obey Us: They raise an Army against Us, and choose the Earl of 'Essex' for their Generall, and grant him a power over Us, the law, & all Our people, that he may kill & destroy whom he thinks fit, & impose an oath upon Our Subjects to execute all the Commands of both Houses: They waste and consume the money given by Act of Parliament fo discharge of the great debt of the Kingdome, and for the relief of the bleeding Condition of Ireland; imploy the money brought in by the Adventurers, & those men who are levied by Our Authoritie and Commission for the preservation of Our miserable Subjects there, to serve them in a warre against Us, whereby all men may see what reason We had, not to consent to a Warrant dormant under pretence of levies for ireland, which might have furnished them with men to fight against Us, as the same pretence hath done with all the Arms We had in Our magazines: They commit such of Our Subjects to Prison, whom they are pleased to suspect (as the Earl of Portland) and for no other reason but that they believe them Loyall to Us; Censure and Degrade nine Lords at a clap for obeying Our Summons, and coming to Us, when scarce that number concurred in the Judgement; and Declare two others enemies to the Commonwealth, and take their Votes from them, without so much as summoning them to answer any Charge brought against them: They presume to take Tunnage and Poundage by a pretended ordinance without Our consent, though they have so often pressed it against Us, that We took it without theirs, and so now dispence with a 'premuire' made this Parliament as they have formerly done with Treason. Lastly to shew into what hands they intend the Government of this Kingdome shall be put, they have reduced the businesse of the whole Kingdome from both Houses of Parliament into the hands of a few desperate persons, who have the power committed to them to Act this Tragedy, without acquainting the Houses, and so have gotten the Authoritie of King and both Houses of Parliament to destroy all three; make Orders to break up houses, take away Plate and Money, because 'tis possible the owners wish it with Us at York; send Troops of horse to make Warre upon Us in what Counties they please, and commit such unheard of Acts of oppression, and injustice, as no story can parallel, where the least form of government hath been left: that all Our good Subjects may see by what rules they shall live, and what right they are to enjoy, when these men have gotten the sway, who in the infancie of their power, and when there is yet left some memorie of, and reverence to the Laws under which their fathers lived so happily, dare leap over all those known and confessed Principles of Government and Obedience, and exercise a Tyrannie both over Prince and People more insupportable then Confusion it self.
And for all this impudent injustice (odious to God and Man) what is objected against Us; that We will not be advised by Our Parliament: In what; what one Proposition that is evidently for the ease of Our Subjects have We denied; that We have granted many is confessed. We will not consent that the Ordinance of the Militia shall be executed and obeyed; that is, We will not allow that both Houses of Parliament shall make Laws, and impose upon the Property & Libertie of Our Subjects without Our consent (which if We should yield to, upon the same pretences of necessity, a word fatall to this Kingdome, and the publick good, the House of Commons might as well, and would quickly come to make Laws without the House of Peers, and the Common people without either) nor are willing that those men, who have discovered all malice to Our Person, & disesteem and irreverence of Our Office, shall be legally qualified to take up Arms against Us, when they shall be hereunto provoked by their Malice or Ambition. There can be no new thing said in this Argument, We must referre Our good Subjects to Our severall Answers, Declarations and Proclamations in that point; onely it will be worth their considering, that this extraordinary, unheard of, extravagant power was assumed in case of peremptory necessitie, for the prevention of imminent danger in the beginning of March (how long it was in designe before is understood by Sir Arthur Haselrigge his bill long preceding) whether any such danger hath been since discovered, and whether unspeakable calamities have not already, and are like to ensue from that fountain, We wish it were not too apparant. And if those fears and jealousies, which seem to make that Ordinance necessary, were indeed reall and honest, that in truth nothing were desired but putting the Kingdome into a Posture, that is, that all Our loving Subjects might be provided with Arms, and dextrous in the using them, if any Invasion or Rebellion should be; is not all this care taken, and all this securitie provided for by the Commission of Array: what honest end can that Ordinance have, which is not obtained by the execution of and obedience to that Commission? but tis true the power is not in those hands, nor like to be employed to those uses, it is now intended. Who hath not heard these men say, that the alteration they intend, and is necessarie, both in Church and State, must be made by bloude are not the principles by which they live destructive to all Laws, and Compacted is not every thing necessary they think so, and every thing lawfull that is in order to that necessities sure if Our good Subjects were throughly awake in this businesse, they would think they had much more cause to thank Us for denying this Ordinance, then for granting all that We have granted. What is there else We do not think Sir John Hotham hath delt well with Us in keeping Our Town from Us, nor do take it kindly that We are robbed of Our Magazine and Munition, but think of recovering both by force because We cannot have them otherwise, which will be an actuall levying Warre against Our Parliament. This Argument is sufficiently vexed too: Our good Subjects will reade the Messages, Answers, Votes and Declarations in this case and We are sure upon the Grounds laid to justifie this Treason, no Subject in England hath a house of his own, which may not tomorrow be given to Sir John Hotham for as long a term as they think fit; and he may be sent to morrow to murder Us, and be no Traitour, and they who shall shut the doore against him shall be Deliquents. Is there no more? Yes; We will not submit to those nineteen dutifull and modest Propositions which have been lately thrown at Us, as the necessary means of removing jealousies and differences, and as the last complement of all their scorns and injurie, that Posteritie may see to what a tamenesse We were brought when such things were asked of Us: We will not be content that all Our Officers & Ministers of State, be they never so faithfull to Us,so affectionate to their Countrey, never so wise, never so honest, shall be immediately removed from Us & their Places, be disgraced & undone, & in their rooms, these gentlemen (who have taken all possible pains to destroy King and People) or such whom they shall recommend, to succeed, that the same Faction may be carried through the whole Kingdome, which these men have raised in both Houses of Parliament; that all Affairs of the Kingdome be managed not onely by their advice, but their absolute direction and command, lest any man should think himself Our Servant; that the Education & Marriage of Our Children be committed to them, lest any Christian Prince should make addresses to Us in such Treaties: In a word, that in gratitude to their modesty and duty for not deposing Us, We will not now depose Our Self, and suffer the People and Kingdome (which God, and the Law hath committed to Our government and protection, and for which We must make an account) to be devoured by them.
Sure these men think 'tis no affront to ask any thing: But can Our good Subjects be longer kept in this trance? can the Nobilitie, Gentrie, Clergie, Commonalty of England sacrifice their Honour, Interest, Religion, Libertie to terms and the mere sound of Parliament, and Priviledge? can their experience, reason, and understanding be captivated by words, and assumtions contradictory to all Principles? What one thing have We denied, that with reference to the publick peace and happinesse was to be bought with the losse of the meanest Subject? and yet into what a sea of bloud is the rage and fury of these men launching out, wrest that from Us, which We are bound (if we had a thousand lives to lose in the contention) to defend? nay what one thing is there that makes life precious to good men, which We do not defend, and these men oppose, and would evidently destroy? What grievance or pressure have Our People complained of, and been eased by Us, which is not now brought upon them in an unlimited degree? Is the true Reformed Protestant Religion, sealed by the bloud of so many Reverend Martyrs, and established by the wisdome and pietie of former blessed parliaments, dear to them? We must appeal to all the world (being called upon by the reproaches of these men) whether Our own practice (the best evidence of Religion ) and all the assistance & offers We can give, have been wanting to the Advancement of that Religion: and what can be more done by Us to satisfie and secure Our people in that point: On the other side, let all Our good Subjects consider and weigh what pregnant Arguments they have to fear Innovation in Relligion, if these desperate persons prevail; when the principall men, to whose care and industry they have committed the managery of that part, refuse Communion with the Church of England, as much as the Papists do, & have not onely, with that freedome they think fit to use, reproched the Book of Common Prayer, and the Government of the Church in their speeches, but have published those speeches in the view of all men in print, that the world might see by what measure and rule the Reformation they so much talk of, is to be made; when such Petitions have been contrived by them, and accepted with publick thanks, which revile the Book of Common Prayer, calling it a Masse-book, in scorn and contempt of the Law, whilest other Petitions for the Government established by Law have been rejected, discountenanced, and the Petitioners punished; and when two Armies were kept in the Bowels of the Kiingdome ten weeks, at the charge of fourescore thousand pounds a moneth, for the Countenance of a Bill to eradicate Episcopacie, root and branch: when such licence is given to Brownists, Anabaptists, Sectaries, and whilest Coach-men, Feltmakers, and such Mechanick persons are allowed, and entertained to preach by those who think themselves the principall Members of either House; when such barbarous outrages in Churches, and heathenish irreverence and uprores, even in the time of Divine Service, and the Administration of the blessed Sacrament, are practised without controul, when the blessed means of advancing Religion, the Preaching of the Word of God, is turned into a Licence of libelling, and reviling both Church and State, and wanting such seditious positions, as by the Laws of the Land are no lesse then Treason, and fearce a man in reputation and credit with these Grand Reformers, who is not notoriously guilty of this; whilest those learned, reverend, painfull, and pious Preachers, who have been and are the most eminent and able assertours of the Protestant religion, are (to the inspeakable joy of the Adversaries to Our Religion) disregarded and oppressed; Lastly, when for the settling and composing all these distractions and distempers, instead of a free and generall Synod of grave and learned Divines, which hath been so much talked of (and to whose deliberations We were and are willing to commit the consideration of those Affairs) a Conferance is desired with particular men, nominated by themselves, contrary to the Rights and Practice of the Church, the Major part of whom (though We confesse there are many reverend, learned, and pious persons amongst them) are not of learning and understanding sutable to so great a work, are of known avowed disaffection to the Doctrine and Discipline of the Church, and of those who have preached seditiously, and treasonably, against Our Person and Authority, as Doctour Downing and others. Who ever from his foul desires a true examination and Reformation in Religion Cannot expect it from the results of these mens councels, nor think the true service of God is like to be advanced or preserved by such practises: And all sober men must look with strange horrour and indignation upon the last Declaration of the Lords and Commons, which after such unpresidented outrages and violences against Us. publishes the ground of their taking up defensive Arms (as they call them) to be, for the maintenance of the true Religion; the taking and keeping of Hull, Our Navy, Our Money, and Goods, the exercising of the Militia, and all the other injuries We complain of, to be for the maintenance of Religion: but whosoever believes them to be for the preservation of Our Person, may believe the other too. Would men enjoy the Laws they were born to, the Liberty and Property which makes the subjectioon of this Nation famous and honourable with all neighbouring Kingdomes? We have done Our part to make a wall of brasse for the perpetuall defence of them, whilest these ill men usurp a power to undermine that wall, and to shake those foundations, which cannot be pulled down, but to the confusion of Law, Liberty, Property, and the very Life and Being of Our Subjects and the Dignity, Priviledge and Freedome of Parliaments (Parliaments whose wisdome and gravity have prepared so many wholesome Laws, and whose freedome distinguishes the condition of Our Subjects from those of any Monarchy in Europe) pretious unto Our People? Where was that Freedome and that Priviledge when the House of Commons presumed to make Laws without the House of Peers, as they did in their Vote upon the Protestation, and of the 9. of September, when the House of Commons and the House of Peers presumed to make Laws without Our consent, as they have done in the businesse of the Militia, of Hull, in the behalf of their Champion Serjeant Major Generall Skippon, of the Earl of Warwick, of their new General the Earl of Essex (with whom they will live and die) and many other Cases? Where was that Freedome and Priviledge when Alderman Pennington and Captain Venne brought down their Myrmidons to assault and terrifie the Members of both Houses, whose faces or whose opinions they liked not, and by that Army to awe the Parliament; when those rude multitudes published the names of the Members of both Houses, as enemies to the Commonwealth, who would not agree to their frantick propositions; when the names of those were given by Members of the House, that they might be proscribed, and torn in pieces by those Multitudes, when many were driven away for fear of their lives from being present at those consultations, and when M. Hollis required the names of those Lords who would not agree with the House of Commons? Lastly, where was that freedome and priviledge of parliament, when Members of the one house had been questioned for words spoken in the House, and one freed, the other but reprehended by vote of the major part, were again questionned by the other House, and a charge brought against them for those words? Is Honour, Reputatiion, Freedome and Civility to be esteemed? What causelesse Defamations have been raised and entertained upon Persons of qualitie, and unblemished estimation, upon no grounds or appearance of reason, but because their opinions ran not with the Torrent? what caresses have been and are made to persons loose, vitious, and debarched, of no virtue, no Religion, no reputation, but of malice and ingratitude to Us? their names will be easily found out, by all mens observation, and their own blushes, though they shall not have the Honour of Our mention? How have the Laws of hospitality and civility been violated, the freedome and libertie of Conversation (the pleasure and delight of life) been invaded by them? the discourses at Tables, whispers in gardens and walks examined, and of persons under no accusation; letters broken up, (Our own to Our dearest Confort the Queen, not spared) read publickly, and commented upon, with such circumstances as makes Christendome laugh at our follies, and abhorre Our correspondence: Is peace and tranquillity dear to Our Subjects? To shew that We have left no way to that (not destructive to Honour and Justice) Unattempted, We offered to lay down Our Arms upon no other Reparations for all the indignities multiplied upon Us, then these, that they should lay down theirs so unjustifiably taken, and We have Our own Town, goods and Navy (taken and kept by violence from Us) to be peaceably restored to Us; and the power of making Laws without Us by the way of Ordinances (which implyes a power by Ordinance to depose Us) and that in particular concerning the Militia, to be disavowed, and a safe place to be agreed on, where We might be present with Our Great Councell, for the composing of all misunderstandings, and making this Kingdome happy: which offers not onely were not accepted, but not so much as any Answer directed immediately to Us; somewhat onely sent down by their under-Clerk, which with their first Petition and Our Answer (We are much pleased to heare) are ordered to be printed and read in all Churches, (We desire no better evidence then Our and their writings and actions, and no better Judges and Witnesses then Our people of Our love to peace) and even before this kind of Answer came to Us, whilst we with patience and hope, expecting such a return as We desired, forbore any action or attempt of force, according to Our promise, Sr. John Hotham sallyed out in the night, and murdered the persons of his fellow-subjects, and ever since in this quarrell they labour to encrease their Army, (the very levie of which is Treason) and are ready to march with it against Us. Let all the world judge, who are the lovers of Peace. Lastly, is the Constitution of the Kingdome to be preserved, and Monarchy it self upheld? can any thing be more evident then that the end of these men is, or the conclusion which must attend their premisses must be, to introduce a paritie and confusion of all degrees and conditions? are not severall books and papers (such as the 'observations upon parts of our messages') published by their direction, at lest under their countencance against Monarchy it self? Is it possible for Us to be made vile, and contemptible, and shall Our good Subjects continue as they are? Can Our just power be taken from Us, and shall they enjoy their liberty? Whosoever is a friend to the constitition of the Kingdome, must be an enemy to these men.
How the benefit, advantages, and hopes of the Kingdome have been and are advanced and promoted by these men, all good men see and discern. Let Us consider now whether all those grievances and pressures which our Subjects have heretofore suffered under, and of which Our Justice and Favour hath eased them, be not by the Faction and Tyranny of these men redoubled upon Our people. Were the consciences of men grieved and scandalized at the too much formality and Circumstances used in the exercise of Religion, and are they not equally concerned in the uncomlinesse, irreverence, and profanenesse now avowed to the dishonour of Christianity? were they troubled to see the Pulpit sometimes made a Bar to plead against the Libertie and Property of the Subject, and are they not more confounded to see it so generally made a Scaffold to incite the people to Rebellion and Sedition against Us? Have Our people suffered under and been oppressed by the exercise of an Arbitrary power, and out of a sense of those sufferings have We consented to take away the Star-Chamber, the High Commission-Courts, to regulate the Councel-Table, and to apply any Remedies have been proposed to Us for that disease? and have not those men doubled those pressures, in the latitude and unlimitednesse of their proceeding, in their Orders for the observation of the Law as they pretend, and their punishing men for not obeying those Orders in a way and degree the Law doth not prescribe; in their sending for Our good Subjects upon generall Informations without proof, and for offenses which the Law takes no notice of; in declaring men enemies to the Commonwealth, fining and imprisoning them, for doing or not doing that which no known Law injoyns or condemns? Were the Pursivants of the 'Councel-Table', the delay and attendance there, or at the 'High-Commission-Court', the judgements and decrees of the 'Star-Chamber', more grievous, grievous to more persons, more chargeable, more intolerable, then the Serjeants and Officers fees, the attendance upon the Houses, and upon Committees, or then the Votes and Judgements which have lately passed in one or both Houses. Let all the Decrees, Sentences and Judgements of the 'High-Commission Court' and 'Star-chamber' be examined, and any found so unjust, so illegall, as the proceedings against the Gentlemen of Kent, for preparing and presenting a Petition agreeable in form and matter to all the rules of Law and Justice, by which men are to be informed to ask any thing; as the judgement aginst M. Bynion, that he should be disfranchised, be uncapable of ever bearing Office in the Commonwealth, imprisoned in the Goal of 'Colchester' for the space of years, and to pay three thousand fine, nothing being charged and proved against him, that any Law or reason could tell him that he was not to do: though the sentences in the other Courts were in some Cases too severe, and exceeded the measure of the offense, there was still an offense, somewhat done that in truth was a crime; but here Declarations, Votes, and judgements passe upon Our people, for matters not suspected to be crimes till they are punished. And have such proceedings ever been before this Parliament? If Monopolies have been granted, to the prejudice of Our people, the Calamity will not be lesse, if it be exercised by a good Lord, by a Bill, then it was before by a Pattent. And yet the Earl of Warwick thinks fit to require the Letter-office to be confirmed to him for three lives, at the same time that 'tis complained of as a Monopoly, and without the alteration of any circumstance, for the ease of the Subject; and this with so much greedinesse and authority, that whilest it was complained of as a Monopoly, he procured an Assignement to be made of it to him from the person complained of, after he had by his interest stopped the proceedings of the Commitee for the space of five moneths, before that Assignement made to him, upon pretence that he was concerned in it, and desired to be heard: of such Sovereign Power was his name, as if it could be no longer a grievance to Our People, if it might prove an advantage to him. A President very likely to be followed in many Monopolies, if they may be assigned to principall Members, or their friends, witnesse the connivence now given to Sir John Meldrum for his Lights, since his undertaking their service at Hull. Have partiality and corruption in Judges obstructed the course of Justice? was there ever such partiality and corruption, when their fellow-Members of either House are by them importuned and solicited for their Votes in Causes before them, and no other measure or rule to the Justice of that Faction then the opinions of the persons contending? what summes of money have been given to, and what contracts have been made with some Members of either House who are of this powerfull Faction We complain of, for preserving this man from being questioned, and promoting an Accusation against that man, for managing such a cause, and procuring such an Order, We are very well able to give particular information; which We shall willingly do, when there may be such a sober and secure debate as becomes the dignity and freedome of Parliament, and the witnesses, now within their reach, may neither be awed, nor tampered with, before triall; for how little care there is taken for discoveries of this nature, appears by that which (upon a complaint of a slander against Mr Pim) was justified, and the Authour averred against him, for taking Thirty Pound Bribe to preserve a Papist from Legall prosecution, which hath been so long suffered to sleep at a Committee.
Our case is truly stated, so truly, that there is scarce any particular urged or alledged by Us which is not known to many, and the most to all men: And must Our Condition be now irreparable? are the injuries committed against Us and the Law justifiable? and must We be censured for using all possible means to be freed from them, or to be repared for them, because they seem to carrie the consent and authoritie of both Our Houses of Parliament? There is not a particular of which We complain, that found not eminent opposition in boyh Houses, and yet for the most part not above a Moitie of either House present. The Order of the 9. of September (an Order to suspend the execution of Laws in force) passed, when there were not above eightie Commoners (of which many dissassented) and but twentie Lords, where of eleven (the major part) expressely contradicted it: The first unseasonable Remonstrance (the fountain from whence all the present mischiefs have flowed) was carried but by eleven Voices after fifteen houres sitting, when above two hundred were absent, and was never approved by the Lords: The businesse of the Militia was at least twice reflected by double their number in the House of Peers, who consented to it, there being no Popish Lord present, and twelve Bishops in the Tower and yet this proposed again, the House being made thin of those Lords who had formerly opposed it, who went out immediately (it being their usuall course to watch such opportunities to effect their businesse) after M. Hollis his threats, and then carried. The Declaration against Us sent to Newmarket was carried but by one Voice in the House of Peers, and by a small number in the House of Commons: The justifying Sir John Hotham in his Act of High Treason, was opposed by many persons of great worth, though neither House had half its number: And We are very farre from censuring all those persons who concurred in these or any other particulars; We believe very many of them stood not in so dear a light to discern the guilt, malice, ambition,or subtilty of their seducers; but if in truth there were a consent intirely in both Houses of Parliament (as We are most assured there will never be) to alter the whole frame of Government, must we submit to those Resolutions, and must not Our Subjects help and assist Us in the defence of Laws and Government established, because they do not like them? Did We intend when We called them to that great Councel, or did Our Subjects intend when they sent them thither in their behalfs, that they should alter the whole frame of Government, according to their own phancies and ambition, and possesse those places during their lives? What Our opinion and resolution is concerning Parliaments, We have fully expressed in Our Declarations; We have said, and will still say, they are so essentiall a part of the Constitution of the Kingdome, that We can attain to no happinesse without them, nor will We ever make the least attempt (in Our thought) against them. We well know that Our Self and Our two Houses make up the Parliament, and that We are like Hippocrates Twins, We must laugh and crie, Live and die together, that no man can be a friend to the one, and an enemie to the other; the injustice, injurie and violence offered to Parliaments, is that which We principally complain of: And we again assure all Our good Subjects in the presence of Almighty God, that all the Acts passed by Us this Parliament shall be equally observed by Us, as we desire those to be which do most concern Our Rights. Our Quarrel is not against the Parliament but against particular men, who first made the wounds, and will not now suffer them to be healed, but make them deeper, and wider, by contriving, fostering, and fomenting mistakes and jealousies betwixt body and head, Us and Our two houses of Parliament, whom We name, and are ready to prove them guilty of High Treason: We desire that the Lord Kimbolton, M. Hollis, M. Pim, M. Hampden, Sir Arthur Haslerigge, M. Strode, M. Martin, Sir Henry Ludlow, Alderman Pennington & Captain Venne may be deliverd into the hands of Justice, to be tryed by their Peers, according to the known Laws of the Land; If We do not prove them guilty of High Treason, they will be acquitted, and their Innocence will justly triumph over Us. Against the Earl of Warwick, the Earl of Essex, Earl of Stamford, Lord Brook, Sir John Hotham, Serjeant Major Generall Skippon, and those who shall hanceforth exercise the Militia by virtue of the Ordinance, We shall cause Indictments to be drawn of High Treason upon the Statute of the 25. yeare of King Edward the third; Let them submit to their triall appointed by Law, and plead their Ordinances; if they shall be acquitted, We have done. And that all Our loving Subjects may know, that in truth nothing but the Preservation of the true Protestant Religion, invaded by Brownisme, Anabaptisme, and Libertinisme, the safety of Our Person threatned & conspired against by Rebellion and Treason, the Law of the Land and Libertie of the Subject oppressed and almost destroyed by an usurped, unlimited, Arbitrary power, and Freedome, Priviledge and Dignitie of Parliament awed and insulted upon by force and tumults, could make Us put off our long-lov'd Robe of Peace, and take up defensive Arms. We once more offer a free and a gratious pardon to all Our loving Subjects who shall desire the same (except the persons before named) and shall be as glad with safety and honour to lay down these Arms, as of the greatest blessing We are capable of in this world. But if to justifie these Actions and these Persons, Our Subjects shall think fit to engage themselves in a Warre against Us, We must not look upon it as an Act of Our Parliament, but as a Rebellion against Us and the Law in the behalf of these men, and shall proceed for the suppressing it with the same Conscience and courage, as We would meet an Army of Rebels, who endeavour to destroy both King and People; and We will never doubt to find honest men enough of Our minds.
The true Copie of the Petition prepared by the Officers of the late Army, and Subscribed by His Majestie, with C.R.
To the Kings Most Excellent Majestie, the Lords Spirituall, and Temporall, the Knights, Citizens, and Burgesses now Assembled in the Hight Court of Parliament.
The Humble Petition of the Officers, and souldiers of the Army.
That although our wants have been very pressing, and the burthen we are become unto these parts (by reason of those wants) very grievous unto us, yet so have we demeaned our selves, that Your Majesties great and weighty, Affairs in the present parliament, have hitherto received no interruption by any Complaint, either from us or against us: A temper not usuall in Armies (especially in one destitute not only of pay, but also of Martiall Discipline, and many of its principall Officers:) that we cannot but attribute it to a particular blessing of Almighty God, on our most hearty affection and zeal to the Common good in the happy successe of this Parliament, to which as we should have been ready hourely to contribute our dearest bloud, so now that it hath pleased God to manifest his blessing so manifestly therein, We cannot but acknowledge it with thankfulnesse. We cannot but acknowledge his great Mercie is that he hath inclined Your Majesties Royall heart so to cooperate with the wisdome of the Parliament, as to effect so great and happy a Reformation, upon the former distempers of this Church and Commonwealth, as first in Your Majesties gracious condescending to the many important demands of our neighbours of the Scottish Nation: Secondly, in granting so free a course of Justice against all Delinquents, of what quality soever: thirdly, in the removall of all those grievances wherewith the Subjects did conceive either their Libertie of Persons, Proprietie of Estate, of freedome of Conscience prejudiced: And lastly, in the greatest pledge of security that ever the Subjects of England received from their Sovereigne, the Bill of Trienniall Parliament. These things so graciously accorded unto by Your Majesty, without bargain or compensation, as they are more then expectation or hope could extend unto, so now certainly they are such as all loyall hearts ought to requiesse in with thankfulnesse, which We do with all humility, and do at this time with as much earnestnesse, as any, pray and wish, that the Kingdome may be settled in peace & quietnesse, and that all men may, at their own homes, enjoy the blessed fruits of your Wisdome & Justice. But may it please Your Excellent Majestie, and this High Court of Parliament, to give us leave, with grief and anguish of heart, to represent unto You, that we heare that there are certain persons stirring & practicall, who in stead of rendring glory to God, thanks to his Mjestie, and acknowledgement to the Parliament, remain yet as unsatisfied and mutinous as ever; who whilest all the rest of the Kingdome are arrived even beyond their wishes, are daily forging new & unseasonable demands: who whilest all men of Reason, Loyalty and Moderation, are thinking how they may provide for Your Majesties Hounour & Plenty, in return of so many graces to the subject, they are still attempting new Diminutions of Your Majesties just Regalities, which must ever be so lesse dear to all honest men, then our own freedomes:: In fine men of such turbulent spririts, as are ready to sacrifice the honour and welfare of the whole Kingdome to their private phancies (who nothing else then a subversion of the whole frame of government will satisfie.) Far be it from our thoughts to believe, that the violence and unreasonablenesse of such kind of persons can have any influence upon the Prudence & Justice of the Parliament, But that which begets the trouble and disquiet of our loyall hearts at this present, is, That we heare those ill-affected persons are backed in thier violence by the Multitude, and the power of raising Tumults, that thousands flock at the call, and beset the Parliament (and Whitehall it self) not onely to the prejudice of that freedome which is necessary to great Counsels & Judicatories, but possibly to some Personall danger of Your Sacred Majestie & Peers. The vast consequence of these Persons Malignitie and of the licentiousnesse of those multitudes that follow them considered, in most deep care and zealous affection for the safetie of Your Sacred Majestie and the Parliament, our humble Petition is, That in Your Wisdoms, you would be pleased to remove such Dangers, by punishing the Ringleaders of these Tumults, that Your Majestie, and the Parliament may be secured from such insolencies hereater For the suppressing of which, in all humility we offer our selves to wait upon You (if You please) hoping we shall appear as considerable in way of Defence to our gracious Sovereigne, the Parliament, our Religion, and the established Laws of the Kingdome, as what number soever shall audaciously presume to violate them. So shall we by the wisdome of Your Majestie, and the Parliament, not onely be vindicated from precedent Innovations, but be secured from the future, that are threatned, and likely to produce more dangerous effects then the former. And we shall pray,C.R.
His Majesties Resolution and Instructions To His Commissioners of Array, for the severall Counties of England, and the Principality of Wales.
And to be observed by all Sheriffs, Majors, Justices of the Peace, Bayliffs, Headboroughs, Constables, and all other His Majesties loving Subjects whatsoever.
York: Printed by Robert Barker, Printer to the Kings most Excellent Majesty: and now re-printed at London for T.S. Septemb.16. 1642.
His Majesties RESOLUTION AND INSTRUCTIONS To His Commissioners of Array for the severall Counties of England and the Principality of Wales; And to be observed by all Sheriffs, Majors, Justices of the Peace, Bayliffes, Headboroughs, Constables, and all other His Majesties Loving Subjects whatsoever.
Whereas a desperate and dangerous Rebellion is raised, and an Army marching against Us, & such other of Our good Subjects whose Loyaltie and Affection is eminent unto Us, in severall Counties of the Kingdom, under pretence of some Authority from both Our Houses of Parliament, and the same is done by Our consent, and for the safety of Our Person, whereby many of Our loving Subjects are misled and engaged in undutifull and disloyall Actions against Us their Soveraigne, and so oppose persons immediately authorized by Us, as disturber of the Peace, We do, for the Information of all Our good Subjects, that they may be no longer corrupted or seduced by these false and damnable infusions, declare, That We do disavow Our consent to any of the pretended Ordinances, and do protest against the same, and all the proceedings thereupon, as seditious and treasonable to Our Person, Crown, and Dignity; and do declare, that the Army now under the command of the Earle of Essex, and raised in any part of the Kingdome by his direction, or by the direction of any pretended Ordinance, is raised against Us, and to take away Our life from Us, And that he, and all who shall adhere to him, are Traytors by the known established laws of this Kingdome: And therefore Our expresse command unto you, and to every of you is,
That you forthwith raise all possible power for the apprehension of the said Earl of Essex, and his Confederates; and that with such forces of Horse and Foot you shall fight with, kill, and slay all such as shall by force oppose you in the execution of these Our commands, and such who shall presume to put the Ordinance of the Militia in execution against Our expresse pleasure and consent, And you shall pursue the said Rebels and Traytors in the said Counties, or in any other Counties or parts of the Kingdom into which they shall retire themselves. All which forces, so to be raised, shall have the same day as the rest of Our Armie it to have.
You shall defend and protect all Our Subjects from violence and oppression by the illegal pretended Ordinance concerning the Militia, the pretended ordinance for the Earle of Essex to be Generall, or any other Ordinance to which We have not or shall not give Our consent. And shall not suffer any of Our loving Subjects to be troubled or molested for refusing to submit to the said pretended ordinances, but shall assist and defend them from any Summons, Messengers, Serjeant, or Warrant, which shall disturbe them for the same. And the said Messengers or Serjeants you shall apprehend and commit to Prison as seditious Disturbers-of the Peace of the Kingdome.
You shall, to your utmost power, assist the execution of Our Commission of Array, which ought to be obeyed by the known Laws of the Land; And if any Factious or Seditious Persons shal raise any Power to oppose Our said legall Commission, or the execution thereof, you shall, in your severall Counties, levie men, and them lead out of**** Your said Counties to the place where such force is raised, and suppresse the same. More especially, you shall be aiding and assisting to the Lord Marquesse Hertford, who is authorized by Our Commission, Generall of Our Forces in the Western parts; and to the Earle of Cumberland Our Lieutenent Generall for the County of York; and to the Lord Strange, and Colonel Goring: And to that purpose you shal levie such other Forces of Horse and Foot as the said Marquesse shall, by his Commission, give you power to do, under such Colonels, Commanders, and other Officers as shall be, by him, appointed or directed within the severall Counties mentioned in His Commission, as the Earle of Cumberland, and as the Lord Strange shall likewise direct in the Counties within their severall Commissions.
Our expresse pleasure and Command is; That you disarm all Popish Recusants, and all such other dangerous and ill-affected Persons, & Brownists, Anabaptists, and other Sectaries, as well Clergy-men, as others, as have testified, or shall testifie their ill disposition to the peace and government of this Kingdom. And you shall endevour, by causing our severall Declarations, Messages and Answers to be publikely read in Churches and other places, to clear Our proceedings from all false imputations and aspersions; & shall from time to time certifie Us of all things necessary for the publique Service. And that Our directions to you, and you advertisements to Us may have a cleer and ready passage, We do hereby command all Post-masters, That they do not suffer any Letters or other Dispatches, to or from Us, to be intercepted or stayed, as they will answer the contrary at their utmost perils. And if any bold person, by what authority soever, shall presume to make such stay of those Dispatches, you shall apprehend such persons, and shall give all assistance, and protection to those persons employed in such Dispatches.
If you shall find any disaffected persons raising any parties against Us, spreading scandals or imputations to our proceedings, like to disturbe the peace of the Kingdome; you shall cause all such persons (upon good proofs of their misdemeanors) to be apprehended and committed to prison, till they shall answer their offences in such manner as is agreeable to Law and Justice.
You shall take from the said Rebels and Traitors, and their Adherents, all Arms, Ordnance, and Ammunition; and such as they have taken from any of our good Subjects, you shall restore again to the true owners. And whereas divers Seditious persons, under presence of Commissions from the Earl of Essex, presume to levie Horse and Foot, and to collect money for the same, you shall seize upon all Horses, Arms, Ammunition, Money, Plate, or other provisions whatsoever; raised or provided under any such pretences, and without our expresse Authority, for the fomenting, or maintaining any such unaturall and unlawfull War against Us, the Religion, and Law of the Kingdome, And you shall assure all such Our well affected Subjects, who shall contribute any Aid and Assistance to Us, in this our great necessity, or observe those our Instrucions, That We will protect them with our utmost Power, and venture our Life, and Crown in their just Defence. Which Resolution of ours, you shall publish and declare upon all occasions for the better encouragement of all our good Subjects in that behalf.
Given under Our Privy Signes, at Our Countie Nottingham, the 29. Of August 1642.
TWO DECLARAIONS OF THE Lords and Commons Assembled in Parliament.
One, July 12.
For the Preservation and safety of the Kingdom, and the Town of Hull.
The other, July 13
Concerning the miserable Distractions and grievances this Kingdom now lieth in by means of Jesuicall and wicked Councellors now about His MAJESTY.
With an Order of both Houses of Parliament to all Lord Lieutenants, and Deputy Lieutenants of their severall Counties, to raisee Forces to suppresse all disturbers of the peace.
Ordered by the Lords and Commons in Parliament, That these Declarations be forth printed and published. Hon. Elfynge, Cler.Parl:D.Com
London, Printed for E.Husbands and I.Frank 1642
The Declaration of the Lords and Commons now assembled in Parliament
It cannot be unknown to the world, how powerfull and active the wicked Councellors about His Majesty have been, both before and since this parliament, in seeking to destroy and extinguish the true Protestant Religion, the Liberty and Lawes of the Kingdom; and that after many trayterous endeavours against the parliament, by Gods providence discovered and frustrated; they drew His Majesty into the Northern parts, and in his Name did publish divers false scandals and ignominious reproaches against the Lords and Commons, making his Majesties Court a sanctuary for all kind of Delinquents, against the justice and priviledge of parliament, and drawing to Yorke by Letters and other means, divers Members of both Houses, and setting up there a counterfeit Imaginary usage of the great Councell of Peers, in opposition to the Parliament, to the great danger not only of the disturbance, but even of the subversion of the originall constitution and frame of this Kingdom.
And that the way to the great change in Religion & government intended, might be made more easie and passable; many of those who have shewed themselves faithfull to the cause of God and the Kingdom, either in Parliament or in the Countrey are put out of Commisson of peace, and other publique employment. The Sheriffe of Leicester there labouring to keepe the peace, when Mr. Henry Hastings marched from Loughborough in Leicester with about 200 Foot, and 100 Horse; of which, many were drawn out of Darbishire, armed in a warlike manner, with Pistols, Pikes and Muskets, their Drums beating, and Colours flying Intending to seize upon the Magazine of the County, was for his good service put out of his office; and Master Hastings the person who committed this outrage made Sheriffe in his place. Divers great Lords His Majesties servants in places of nearnesse and trusty persons of high honour merit, and abilities; as the Earls of Pembroke, Essex, Holland, and the Lord Feilding displaced, for no other cause but discharging their conscience in Parliament; besides divers members of the House of Commons, one of which hath long served his Majesty in places of Honour, and had alwayes been in great favour and esteem, till he faithfully discharged his duty in Parliament, And last of all the Earle of Northumberland put from the place of High Admirall; a man so eminent in all qualifications of honour and sufficiency, so necessary for the state of this time; when so many ships are at Sea, and the Kingdom in so much trouble and distraction, that there can hardly be named a more mischievous effect of wicked Counsell or dangerous preparative to future confusions, then the bereaving the state of the service of so Noble and vertuous a person as he is. The considration whereof inforceth both houses to declare That they cannot thinke the Kingdom in safety, nor themselves to have discharged the trust which lies upon them, till they have done their uttermost, by all fit wayes to procure that office to be restored, whereby the command of the ships which are the walls of the Kingdome, may againe be setled in the charge of that noble Lord.
In the midst of these unjust and destructive courses to blind the eyes of the multitude, and disguise their malicious and cruel intentions under the semblance of peace and justice, they have drawn His Majesty to make divers solemn Protestations, with fearefull imprecations upon himselfe, and invocations of Gods holy Name, that he intended nothing but the peace and welfare of his people, the maintenance of religion, and the laws of the Kingdom, and for His own security only, to raise a guard for his Person. And that he did from his soule abhor the thought of making War against the parliament, or to put the Kingdom into a cumbustion; but having under this coulour kept about him divers souldiers and Officers, and gathered some stregth, the intentions do now appeare with a more open face, by these His Majesties ensuing actions, and proceedings.
Which the Lords and Commons have thought good to publish, that all the subjects of the Kingdom may understand what dangers and miseries are comming upon them, if not timely prevented.
A Garrison of Souldiers is by his Majesties order put into Newcastle, under the command of the Earle of Newcastle, who should have formerly seized upon Hull, if by the wisdom of the Parliament hee had not been prevented.
The papists in Cheshire have lately, in a very peremptory manner and in His Majesties name demanded their arms taken from them by direction of both Houses of Parliament, to be again restored to them. The Earle Rivers, lately a notorious profest papist, and stil suspected to be a papist, although he now comes to Church, as many other dangerous Papists do, on purpose, as is conceived, to make themselves capable of imployment, is put into the Commission of Array, being against Law, and the liberty of the Subject, which he hath executed with rigour, and hath committed divers persons to prison for refusing to submit thereunto, contrary to the Law, and the Petition of Right.
The mouth of the river of Tine is fortified, whereby the whole trade of Newcastle for Cole or otherwise will be subject to be interrupted whensoever His Majesty shal please, and the City of London, and many other parts of the Kingdom exceedingly burthoned and distressed.
A Ship laden with Canon for battery, and other lesser Ordnance, Powder and Ammunition is come into the river of Humber which also hath brought divers Commanders from forraign parts; and in this ship, as we are credibly enformed, were M.Henry Wilmot, Sir John Berkley, and Sir Hugh Pollard, three of those who stand charged in Parliament, for being privy to the designe of bringing up the Army; and amongst others the L. Digby, a person accused in parliament for high treason, who when he began to be questioned, fled out of the Kingdom, and advised His Majesty by Letters to that course which he hath since pursued, of with drawing Himselfe from His Parliamet to a place of strength and that then he intended to come to him, and in the mean time would do Him service abroad.
Divers other large preparations of warlike provisions are made beyound the Sea, and shortly expected besides great number of Gentlemen, Horses and Arms drawn from all parts of the Kingdom & all the Gentlemen in Yorkshire required to bring in their horses for His Majesties service.
Sundry Commissions are granted for raising horse, and divers Officers of the Army are already appointed.
Upon Monday morning being the fourth of July, His Majsty came to Beverley with an Army of a considerable number of Horse and Foot, some Regiments of the Trained-bands being likewise commanded to be raised.
Among the souldiers in this Army there are divers papists and other person of desperate fortune, and condition, ready to execute any violence, rapine and oppression.
Some Troopes of Horse are sent into Lincolnshire to the great terror of the well affected people, who are thereby forced either to forsake their dwellings or to keep them with armed men.
They begin already to take away mens horses by force, and to commit other acts of hostility, and have uncivilly used a Gentleman sent from the parliament with a Letter to his Majsety.
Provisions are restrained from comming to Hull, and His Majesty is shortly expected to come thither with his Army, not withstanding the place is in the custody of the Parliament, as hath been often declared to His Majesty by both Houses, and kept by them for His Majesties service, and the peace of the Kingdom; whereof, as soon as they may be secured; they intend to leave the town in the state it was.
The War being thus by His Majesty begun, the Lords and Commons in Parliament hold themselves bound in conscience to raise forces for the preservation of the peace of the Kingdom and protection of the subjects in their persons and estates, according to Law, the defence and security of parliament, and of those who have beene imployed by them in any publique service for these ends, and through Gods blessing to disappoint the designes and expectation of those who have drawn His Majesty to these courses, and counsels, in favour of the Papists at home, the Rebels in Ireland, the forraign enemies of our Religions and peace.
In the opposing of all which, they desire the concurence of the wel-disposed subjects of this Kingdom, and shall manifest by their courses and endeavours, that they are carried by no respects but of the publique good, which they will alwayes prefer before their own lives and fortunes; And shall ever be most earnest in their counsels and endeavours to prevent a civill War, and those miserable effects it must needs produce, if they may be avoyded without endangering the alteration of religion, which is the main end of those who have been the Authors and Councellors of His Majesties undertaking this Warre, and will necessarily draw with it a losse of liberty, and subversion of the Law of the Kingdome; so that it rests onely that the free-borne English nation doe consider whether they will adhere to the King and His parliament, by which they have so long enjoyned all that is deere unto them; or to the King, seduced by Jesuiticall Counsell and Cavaliers, who have designed all to slavery and confusion, which by Gods blessing and our joynt endeavours may be timely prevented.
A Declaration of the Lords and Commons assembled in parliament.
As in all our endeavours since this parliament began, wee intended wholly the advancement of His Majesties honour and safety, and the regainment of the ancient (though of late yeeres much invaded) Rights, Lawes, and Liberties, being the birth-right of the Subjects of this Land, and setling of the true Protestant Religion (the glory of our Nation) in peace and purity; so did we no lesse hope for, and expect his Majesties concurrence in those particulars, they being the very foundation of His Majesties present honour and greatnesse, and the fountaine of perfect and future blissse to himselfe, and all His Loyall Subjects, which too evidently wee see our selves (by the wiicked Couuncellers now unmasked about his Majesty) not onely deprived of, but insted thereof open Warre declared, and prosecuted against his Majesties Loyall Subjects of Hull, and elsewhere in this Kingdome, farre unsutable to such Declarations of love and peace as His Majesty hath frequently promised and published to the Kingdome; and in particular to the County of York, wth solemne protestations that He would not, nor had it entered His thoughts to make War against Hi Parliament, which how agreeeble they are to the present courses of his Majesty and Councellors, specially since from his againts abroad He received provisions fit for Warre, which immediately have beene put on for execution, we refer to the whole World to judge of.
But however those promises and protestations have beene no sooner made, but broken, and our hope of peace and safety thereby wholly disappointed. Yet that it may appeare to all Ages to come, that as in duty we are bound (the Kingdome having intrusted us) so we have not, nor will be found wanting in the least degree of our care and providence (God assisting us) for the preservation of the whole Kingdom and the Towne of Hull, and the Inhabitants thereof from violence; and ruine, though for the effecting thereof His Majesty hath proceeded to many hostile preparitions and acts, by having got divers Peeces of great Ordinance, and other warlike provisions both of horse and foote, for the taking in of the said towns and His other designes, and by cutting off their fresh-water, intercepting and restrayning of victualls and other necessaries for thir subsistence and livelihood, as to obey the Parliaments Command (that being Sir John Hothams Crime) though never so much for the safety of the whole Kingdome, were so capitall an offence as nothing but death, ruine, and destruction could expiate.
Wherefore we the Lords and Commons in Parliament assembled, have thought fit, and do hereby declare, That whereas Sir John Hotham Governor of Hull, by the speciall order of th Parliament appointed for that service, hath beene forced for the preventing of the sudden surprisall, and destruction of the Towne, and the Inhabitants thereof, to let in some Tydes from Humber upon the grounds adjoyning to the said Towne, which for present could not otherwise have beene secured; We doe therefore hereby promise and assure all and every such person and persons whatsoever, either the owners, or Farmers of any the said grounds which shall be impaired by this overflowing of the waters, full and ample satisfaction for all such losse as they or any of them shall thereby sustaine (except such persons onely) as formerly have beene, now are, or hereafter shall be found the stirrers up, Abbettors, or furtherers of any such way, or meanes, as have, or may conduce to the endangering, or annoyance of the said Towne of Hull, or the Governour thereof in his service and duty therein, or shall any way disturbe the peace and safety of the said Towne, or any the inhabitants thereof, who stand well affected thereto. And we do also declare, That we the Lords and Commons in Parliament assembled, will not only protect, secure, and save harmelesse all, and every such person, and persons whatsoever, as have or shall either by Sea or Land, provide, furnish, or deliver any provision of victuall, beere, or other thing whatsoever for the reliefe and safety of the Garrison of Hull, but shall also make good payment for the same, and thankfully accept thereof, as good service done to the Kingdome, any pretended warrant issued, or hereafter to be issued out under the colour of any name or authority whatsoever to the contrary notwithstanding: And for as much as we are informed that some of the Inhabitants of Hull stand firmly resolved in their good affections to the service and safe keeping of the said Town, for the good of the King and Kingdome, Wee thought fit also to declare, That all such of the Inhabitants thereof as shall continue well affected to the said service, and stand close in their fidelity and assistance to the Governour thereof; we do hereby assure and promise them, that they shall recieve from us protection and encouragement answereable to such a service, as will be very acceptable unto us, in respect of the importance of it for the preservation of Religion and safety of this Kingdome. and Lastly, we do declare our acknowledgement, acceptance and approbation of that prudent valour, vigillancy and faithfulnesse of the Governour, officers and Souldiers imployed in the said Towne, both for the discovery of plots formerly contrived for the betraying of the said Towne, and their undented resolutions to keepe the same against whomsoever for the service of His Majesty and Kingdome; And do promise and assure them, that every particular good service done or to be done by any Commanders or souldiers serving or to serve therein, shall be rewarded as shall answer the greatnesse of this Kingdom, and the quality of the service.
Die Lune, 4. Julii. 1642
It is this day Resolved upon the Question by the Lords and Commons in Parliament assembled, That in case any force be brought out of one County into any other County of this Kingdome, to disturbe the peace thereof; That the Lord Lieutenants and Deputy Lieutenants of the Counties adjoyning upon notice given unto them of such disturbance, by the lord Lieutenants or Deputy Lieutenants where such disturbance is made, be hereby required to give aid and assistance to the said other Lord Lieutenants and Deputy Lieutenants or any of them, so requiring the same, for the present suppressing of such force and disturbers of the peace by Volunteirs, and such of the Trained Bands of their severall Counties that shall voluntarily go to give their assistance.
H. Elsynge, Cler. Parl. D.Com.
TWO PROCLAMATIONS By the KING. HIS Majesties Proclamation for the more free passage of all His loving Subjects, and the free carriage and conveyance of their Horses, Provisions, or other Goods from any one place or part to another, within His Kingdom of England, and the Dominions thereof
Printed at York, and re-printed at London, by A.N. for Richard Lownds, at his shop without Ludgate, 1642
By the King.
Whereas daily complaints have been to Us of late made, That, by colour of some late Order or Direction made or given, in, to by both or one of Our Houses of Parliament, the persons of divers Our loving Subjects, (as well Our own servants, as others) and their Horses, provisions, and other Goods, at severall places in the ways towards York, (which hath preadventure also hapned elswhere) have been stopped, examined, searched, stayed and molested, onely upon causlesse suspition, to their great vexation, disturbance and hindrance, contrary to the wonted liberty and freedom of the Subject, and the established Law of the Land.
We therefore, for the present relief of Our good Subjects herein, and to prevent all further trouble to Us upon other like Complaints (by a timely and publike notice in that behalf) doe, by this Our Proclamation strictly charge and command all manner of persons, Magistrates, Officers, Ministers, and other Our Subjects whatsoever, whom these may any ways concern, That they, and every of them shall, and doe from hence-forth from time to time permit and suffer all and every Our loving Subjects to passe, and their Horses, Provisions, and other Goods whatsoever, to be carried or conveyed from any one place or part to an other within this Our Kingdome of England and Dominions thereof, quietly and peaceably, wihout any manner of stopping, examining, searching, staying, or molesting, except upon good and warrantable cause appearing, and where they may so doe by the established Laws of the Land, and might and ought so to doe before, and without any such or other Order or direction of one or both Houses of Parliament, made or given, or to be made or given, without Our expresse consent thereunto, and not otherwise in any sort; any such Order or direction to the contrary in any wise notwithstanding.
And further, That in case (so upon the way) any of Our living Subjects in their passing be otherwise detained, or any their Horses, provisions, or other Goods whatsoever, in their carrying or conveying, be otherwise stayed, then all and every such Our Subjects be forthwith set at Libertie, and such Horses, provisions, and other Goods forthwith deliverd to the Owners thereof.
And We require all manner of persons whatsoever, whom these may any ways concern, to take speciall notice of this Our pleasure, and to performe all ready obedience thereunto in all points, as they and every of them offending to the contrary, will answer the same at their utmost perils.
Given at Our Court at York, the eighteen day of June, in the eighteenth yeer of Our Reign, 1642.
By the King.
A Proclamation to informe all Our loving Subjects of the Lawfulnesse of Our Commissions of Array, issued into the severall Counties of Our Realme of England, and Dominion of Wales, and of the use of them: And commanding them to obey Our Commissioners therein named, in the Execution of their aid Commissions.
Whereas, by the Laws of this Land, the Ordering and Governing of the Militia of the Kingdom, for the preventing and suppression of all invasions and Rebellions, hath (as a most known and undoubted right and prerogative) belonged in all times solely to Our Selfe and Our Progenitors, Kings of England. And accordingly Wee have heretofore awarded Commissions of Lieutenancy into the severall Counties of this Our Realm for the governing and exercising of the Souldiorie and Trained Bands there, like as Queen Elizabeth and Our deare Father, both of happy memorie, had done before Us. And therein (amongst other things) gave power to the Commissioners in each County, to Levie, call together, Arme, Array, Train, and Muster Our Subjects inhabiting in the said severall Counties, and to conduct and lead them against all Our Enemies, and all Rebels and Traitors from time to time, as often as need should require.
All which Commissions (although We did, since the beginning of this parliament, grant the like for the County of Yorke, to the now Earle of Essex, with the privitie of both Our Houses of Parliament, and without exception from either) have, without hearing any of Our Councell learned, been since Voted in Our said Houses of Parliament to be illegall and void; the reason whereof We have not yet been informed of, nor can imagine: For that neither any illegall Clause (if any such be in those Commissions, nor any excesse or abuse of their Authority, by any Lieutenants or their Deputies, in raising of Moneys, taxing of the Inhabitants, or otherwise could, by Law, make void any such powers as in themlelves were lawfull to be granted and put in execution.
And whereas, in case of danger and necessity, it had been more sutable to the condition of the times, and the good liking of Our Subjects (who cannot be well pleased with any new wayes, how specious soever) that Our Houses of Parliament should have taken Order that our Commissions of Lieutenancie (the Course whereof had so long continued) should, for the present, have been put in execution, at leastwise such part thereof as was undeniably and unquestionably legall, and was sufficient for the purposes before mentioned, or that (according to the like Presidents in former times) they would have desired Us to have granted new Commissions of that nature, omitting such clauses as might justly have been excepted against, which We would not have denied; and not to have called in so suddenly for those Commissins to be cancelled, as was done (though We know not by what Law) is Our House of Peeres. Yet notwithstanding, Our two Houses of Parliament, in stead of such Our Commissions, under pretence of evident and imminent danger, and urgent and inevitable necessity of putting Our Subjects into a posture of Defence, have made a late Order for the settling of the Militia, under the name of an Ordinance (which two or three severall times had been refused by the major part of Peeres) and being made, not onely without, but against Our Consent (the reasons whereof are sufficently knowne to all Our Subjects) is not onely without any one warrantable president of former times (as we beleeve) but (as We are well assured) void in Law.
Wherefore, out of the care which We have of Our people, left under the pretence of danger, necessity, and want of Authorty from Us to put them into a Militarie posture, they should be drawn and ingaged in any opposition against Us or Our just Authoritie; and that they may know they are by Us otherwise provide for, and secured against all just causes of Fears and Dangers from any force in a legall way (for We are resolved to rule and govern Our Subjcts according to our known Laws onely) We have thought fit, for the present, hereby thus timely to publish and declare, That We have awarded into the severall Counties of Our Kingdome of England, and Dominion of Wales, Our severall Commissions of Array; therby giving power to severall persons of Honour, Reputation, and Estate in the said Counties, for the safety and defence of Us, Our Kingdom, and Our good Subjects from time to time, as it shall be needfull to Array, Train, Arm, and Muster Our Subjjects inhabiting in the said Counties, and in case of imminent danger, to conduct and lead them for the destruction of Our Enemies, and in the defence of their Countrey and the Kingdom.
Which power of granting Commissions for the defence of Us and Our Kingdom, as it is inherent in Us, and inseparable fom Our Crown, so it hath been warranted by Presidents of the like Commissions in all Ages, both before and since the grant of the great Charter by King Henry the third, down to the very time that Commissions of Lieutenancie were granted, and was agreed to be legall even by the two learned Judges, Sir George Crook, and Sir Richard Husson (amongst all the rest) in their Arguments, which concluded on the Subjects part in Our Exchequer-Chamber in Master Hampdens Case, as by the same (now since printed) may appeare, together with divers particular Records in severall Ages therein mentioned, to which many more may be added.
And in these Our Commissions, to prevent all manner of Exception, We have, in the powers given to Our Commissioners, in all points followed that Commission of Army, which was agreed upon by the King and both houses of parliament, after conference with the Judges of the Realm, in the fifth yeere of King Henry the fourth, and was done upon the desire of the Commons, to have some alterations from former Commissions in certain over-strict Clauses, whereunto neverthelesse no exception was taken for the legalitie, but the Kings Assent acknowledged as an Act of great Grace, as appeareth by the Parliament Rolls of the Yeere; since which time Commissions of Array have frequently issued for prevention of danger, either of Enemies abroad or at home (in both which respects Our Houses of Parliament have voted this Kingdom to be in danger) the same being indeed the old ordinary way for the preservation of the King and Kingdom, who must not delay their preparation till such danger break forth into action, and to perhaps prove too late. And these Commissions of Array were not discontinued, till by reason of the Commissions of Lieutenancie (which in substance contained the powers given by those Commissions of Array) they came to be of little use.
And, whereas by the Statute of the fourth and fifth yeeres of the Reign of Pilip and Mary King and Queene of England, it is enacted; That if any person or persons that shall be commanded generally or specially to Muster afore any such as shall have Authority or Commandement for the same, by, or from the King, or by any Lieutenant, Warden, or other person or persons authorised for the same, do willingly absent him or themselves from the same Musters, having no true and reasonable excuse of sicknesse, or other lawfull Impediment, or at their appearance at such Musters, do not bring with them such their best Furniture, or array & armour, as he or they shall then have for his or thier own person in readinesse, that such person or persons shal, for every such default and offence; incur such penalties, and to be inflicted in such manner as by the said statute are limited. Which Satute is in full force.
We do therefore, by this our Proclamation, expressly charge and command all Our Sheriffs, Justices of peace, majors, Bailiffs, Constables, and all other Our Officers, and other Our loving Subjects of Our severall Counties of England, and Dominion of Wales respecively, That they be attending, aiding, assisting, counselling, and at the commandment of the said Commissioners of Our severall Counties respectively in the execution of their Commissions, as they will answer the contrary at their utmost perils.
And although Wee can nothing doubt that any of Our loving Subjects shall or will oppose or hinder Our said Commissioners in the Execution of their said Commissions, by putting in Excution any power touching the Militia, not warranted by Our Authority, or otherwise disturbing Our said Commissioners in Execution of Our Service, considering the extream danger wherein such Act may, upon the severall circumstances, by the strict construction of Law involve them: Yet lest any ill-affected persons, too far presuming upon Our Clemency, and in hope of impunity or pardon, should dare to offend Us and Our Laws, contray to this our proclamation; Wee doe hereby declare to all Our subjcts, That whosoever shall, after this our proclation published, do anthing in oppositon of our Commissioners, by disobeying their Commands, according to Law, or putting in excution any other Command concerning the Militia of our Kingdom, contrary to Law, Wee shall account them unworthy of our Grace and Mercy, and such as must expect, that justice (how penall or capitall soever it be) shall be done upon them according to their demerits.
Given at our Court of York, the twentieth day of June, in the eightienth yeer of Our Reign, 1642.
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