DIE Veneris, videlicet, 1 die Aprilis.
PRAYERS.
E. of Peterborough delivered in his Commission for Northampton.
This Day the Earl of Peterborough delivered in his
Commission of Lieutenancy for the County of North'ton.
Abp. of Cant. presents Names to be presented to Livings.
The Petition of the Archbishop of Canterbury was
read; shewing, "That there (fn. *) are some Benefices now
void, which are in his bestowing; but, in Obedience
to their Lordships Order, he hath presented the
Names of such Persons as he conceives to be deserving
Men for those Places, and desires their Lordships Approbation of them before he presents:
"The Names of the Persons are these: videlicet,
Mr. Richard Howlet, to the Rectory of Lachinden; Dr.
Gawdine to the Rectory of Berkinge, in Essex; Mr.
Christopher Newstead, to the Rectory of Stisted."
Dr. Gawdine approved.
Other Persons respited.
The House taking this Petition into Consideration;
Ordered, That this House doth approve of Dr.
Gawdine, to be presented to the Rectory of Berking,
in the County of Essex; and that the Archbishop of
Canterbury do present him accordingly; and for the other
Two Persons mentioned in the aforesaid Petition, this
House will take a few Days to consider of it.
Report of the Conference concerning the King's Message.
Next, the Lord Keeper reported the Effect of the
Conference with the House of Commons Yesterday;
which was, "That the House of Commons have received an Answer from the King to the late Message
of both Houses to His Majesty; which they conceive
to be of that great Importance as they thought it fit
to communicate it to their Lordships."
The King's Answer was read, in hæc verba: videlicet,
The King's Answer to the last Message of both Houses.
"If you would have had the Patience to have expected Our Answer to your last Declaration (which,
considering the Nature of it, hath not been long in
coming), We believe you would have saved yourselves
the Labour of saying much of this Message; and
We could with that Our Privileges on all Parts were
so stated, that this Way of Correspondency might be
preserved with that Freedom which hath been used
of old; for We must tell you, that, if you may ask
any Thing of Us by Message or Petition, and in
what Language (how usual soever) you think sit, and
We must neither deny the Thing you ask, nor give a
Reason why We cannot grant it, without being taxed
of breaking your Privileges, or being counseled by
those who are Enemies to the Peace of the Kingdom, and Favourers of the Irish Rebellion (for We
have seen your Printed Votes upon Our Message
from Huntingdon); you will reduce all Our Answers
hereafter into a very little Room. In plain English,
it is to take away the Freedom of Our Vote, which
(were We but a Subject) were high Injustice; but being your King, We leave all the World to judge
what it is.
" (fn. †) Is this the Way to compose all Misunderstandings?
We thought We shewed you one by Our Message of
the 20th of January: If you have a better or readier,
We shall willingly hearken to it; for hitherto you
have shewed Us none. But why the Refusal to consent to your Order (which you call a Denial of the
Militia) should be any Interruption to it, We cannot
understand; for the Militia (which We always thought
necessary to be settled), We never denied the Thing,
as We told you in Our Answer of the 28th of January, to the Petition of the House of Commons; for
We accepted the Persons (except for Corporations):
We only denied the Way. You ask it by Way of
Ordinance; and with such a Preface, as We can neither with Justice to Our Honour or Innocency consent to it: You exclude Us from any Power in the
Disposition or Execution of it together with you;
and for a Time utterly unlimited. We tell you, We
would have the Thing done, allow the Persons (with
that Exception); We desire a Bill, the only good old
Way of imposing on Our Subjects. We are extremely unsatisfied what an Ordinance is; but well
satisfied that, without Our Consent, it is nothing, not
binding; and it is evident, by the long Time spent in
this Argument, the Necessity and Danger was not so
imminent, but a Bill might have well been prepared;
which if it shall yet be done, with that due Regard to
Us, and Care of Our People, in the Limitation of the
Power and other Circumstances, We shall recede from
nothing We formerly expressed in that Answer to your
Order; (fn. *) otherwise We must declare to all the World,
that We are nothing satisfied with, or ever shall allow Our Subjects to be bound by, your Printed Votes
of the 15th or 16th of this Month; or that, under
Pretence of declaring what the Law of the Land is,
you shall (without Us) make a new Law, which is
plainly the Case of the Militia; and what is this, but
to introduce an arbitrary Way of Government?
"Concerning Pym's Speech, you will have sound,
by what the Lord Compton and Mr. Baynton brought
from Us in Answer to that Message they brought
to Us, that as yet We rest nothing satisfied in that
Particular.
"As for the seditions Pamphlets and Sermons, We
are both sorry and ashamed, in so great a Variety,
and in which Our Rights, and Honour, and Authority,
are so insolently slighted and vilified, and in which
the Dignity and Freedom of Parliament is so much
invaded and violated; if it should be asked of Us
to name any, the mentioning of The Protestation
protested, The Prentices Protestation, To your Tents O
Israell, or any other, would be too great an Excuse
for the rest: If you think them not worthy the Enquiry, We have done. But We think it most strange
to be told, that Our Denial of a Guard (which We
yet never denied, but granted in another Manner,
and under a Command at that Time most accustomed
in the Kingdom), or the Denial of any Thing else
(which is in Our Power legally to deny), which in Our
Understanding (of which God hath surely given Us
some Use) is not sit to be granted, should be any Excuse for so dangerous Concourse of People, which,
not only in Our Apprehension, but We believe in
the Interpretation of Law itself, hath been always
held most tumultuous and seditious: And We must
wonder what and whence comes the Instructions and
Informations that those People have, who can so
easily think themselves so obliged by the Protestation
to assemble in such a Manner for the Defence of
Privileges, which cannot be so clearly known to any
of them; and so negligently pass over the Consideration and Defence of Our Rights (so beneficial and
necessary for themselves, and scarce unknown to any
of them), which, by their Oaths of Allegiance and
Supremacy (and even by the same Protestaion), they
are at least equally obliged to defend; and what Interruptions such Kind of Assemblies may be to the
Freedom of future Parliaments (if not seasonably
discountenanced and suppressed), We must advise you
to consider; as likewise whether both Our Powers
may not, by such Means, be usurped by Hands not
trusted by the Constitution of this Kingdom.
"For Our Guard, We refer you to Our Answer to
your Declaration.
"By that Question of violating your Laws, by which
We endeavoured to express Our Care and Resolution
to observe them; We did not expect you would have
been invited to have looked back so many Years, for
which you have had so ample Reparation; neither
look We to be reproached with the Actions of Our
Ministers then against the Laws, whilst We express
so great a Zeal for the present Defence of them;
it being Our Resolution (upon Observation of the Mischief which then grew by arbitrary Power, though
made plausible to Us by the Suggestions of Necessity
and imminent Danger; and take Heed you fall not
into the same Error upon the same Suggestions) hereafter to keep the Rules Ourself, and to Our Power
require the same from all others; but, above all,
We must be most sensible of what you cast upon Us,
for Requital of those good Bills you cannot deny.
We have denied any such Design; and, as God Almighty must judge in that Point between us, who
knows Our upright Intentions at the passing those
Laws; so, in the mean Time, We defy the Devil to
prove that there was any Design (with Our Knowledge or Privity) in or about the Time of passing
those Bills, that, had it taken Effect, could have deprived Our Subjects of the Fruit of them: And therefore We demand full Reparation in this Point, that
We may be cleared in the Sight of all the World,
and chiefly in the Eyes of Our loving Subjects from
so notorious and false an Imputation as this is.
"We are far from denying what you have done; for
We acknowledge the Charge Our People have sustained, in keeping the Two Armies, and in relieving
Ireland; of which We are so sensible, that, in regard
of those great Burthens Our People have undergone,
We have and do patiently suffer those extreme Personal Wants as Our Predecessors have been seldom put
to, rather than We would press upon them, which
We hope in Time will be considered on your Parts.
"In Our Offer of a General Pardon, Our Intent was,
to compose and secure the general Condition of Our
Subjects; conceiving that, in these Times of great Diftractions, the good Laws of the Land have not been
enough observed: But it is a strange World, when
Princes proffered Favours are counted Reproaches;
yet, if you like not this Our Offer, We have done.
"Concerning any Discourses of Foreign Forces (tho'
We have given you a full Answer in Ours to your last
Declaration), yet We must tell you, We have neither so ill an Opinion of Our own Merit, or the
Affections of Our good Subjects, as to think Ourself
in need of any Foreign Force to preserve Us from
Oppression (and We shall not need for any other Purpose); but are confident (through God's Providence)
not to want the good Wishes and Assistance of the
whole Kingdom; being resolved to build upon that
sure Foundation, the Law of the Land. And We take
it very ill that any general Discourses between an unknown Person and a Mariner, or Inferences upon Letters, should be able to prevail in Matters so improbable in
themselves, and scandalous to Us, for which We cannot but likewise ask Reparation, not only for the vindicating of Our own Honour, but also thereby to settle the Minds of Our Subjects, whose Fears and Jealousies would soon vanith were they not fed and maintained by such false and malicious Rumours as these.
"For Our Return to Our Parliament, We have given
you a full Answer in Ours to your Declaration; and
you ought to look on Us as not gone, but driven
(We say not by you yet) from you; and if it be not
so easy for you to make Our Residence in London so
safe as We could desire, We are and will be contented
that Our Parliament be adjourned to such a Place,
where We may be fitly and safely with you; for
(though We are not pleased to be at this Distance,
yet) ye are not to expect Our Presence until ye shall
both secure Us concerning Our just Apprehensions of
tumultuary Insolencies, and likewise give Us Satisfaction for those insupportable and insolent Scandals that
are raised upon Us.
"To conclude: As We have or shall not refuse any
Way, agreeable to Justice or Honour, which shall be
offered to Us, for the begetting a right Understanding between Us; so We are resolved, that no Streights
or Necessities (to which We may be driven) shall ever
compel. Us to do that which the Reason and Understanding that God hath given Us, and Our own Honour and Interest, with which God hath trusted Us
for the Good of Our Posterity and Kingdoms, shall
render unpleasant and grievous unto Us: And We assure you, that, how meanly soever you are pleased to
value the Discharge of Our public Duty, We are
so conscious to Ourself of having done Our Part,
since this Parliament, that (in whatsoever Condition
We now stand) We are consident of the continued
Protection from Almighty God, and the constant
Gratitude, Obedience, and Affection, from Our People. And We shall trust God with all."
All Business, except the Irith Committee and Kentish Petition, to be laid aside till this Answer is considered.
This being read; the Lord Keeper further reported,
"That the House of Commons do account that this
Answer of the King's is a Matter of so great Importance as requires some Time to consider of it; but
they, having not Time now to make any Observations
upon it; have resolved to lay all other Business aside,
excepting the Committee for the Irish Affairs and the
Committee for the Kentish Petition, until they have
considered of this Answer of the King's."
In which Resolution this House agrees with the House
of Commons.
Ordered, That the Message of both Houses of
Parliament, sent to the King the 22d of March 1641,
shall be forthwith printed and published, with this Answer of the King's annexed.
Message from the H. C. with the Bill to amend an Act for suppressing the Irish Rebels.
A Message was brought from the House of Commons,
by Sir Gilb' Gherrard, Baronet; who brought up the
Bill from the House of Commons, for explaining the
Bill for the speedy reducing of the Rebels in Ireland,
which the House of Commons desires may be passed
with all Speed, they having agreed to the Alterations
in it.
To expedite the Bill against Pluralities.
2. The House of Commons desires that their Lordships would give Expedition to the Bills against Pluralities and Innovations.
And the Deputy Lieutenants for Lancashire and Lincolne.
3. To desire their Lordships Approbation of some
Persons whom they have nominated, to be Deputy
Lieutenants for the Counties of Lancashire and Lyncolne; which, being read, were approved of by this
House.
The Answer returned was:
Answer
That this House will proceed in the Bills against Pluralities and Innovations, with all convenient Speed; and
that their Lordships have agreed to the Deputy Lieutenants for the Counties, of Lancaster and Lyncolne.
Hawes's Cause.
Ordered, That the Cause of Joseph Hawes shall be
heard on Thursday next, the first Cause.
Ld Loftus's Cause.
Ordered, That the Cause of the Lord Viscount
Loftus shall be heard in this House on Tuesday next; at
which Time the Parties on both Sides, with their Counsel and Witnesses, are to attend.
Grievances and Remedies to be reported.
Ordered, That the Lord Robartes do report the
Conference formerly had with the House of Commons,
concerning Grievances, and the Remedies, this Afternoon.
Next, George Benion, according to the Order of this
House, brought in his Answer to the Petition of the
Lord St. Johns against him; which this House received,
and commanded it to be read; which was accordingly
done, as followeth: videlicet,
Benyons Answer to Lord St. John's Petition.
"To the Right Honourable the Lords in the
High Court of Parliament assembled.
"The humble Answer of George Benion to a
Petition exhibited before your Lordships,
by the Right Honourable Oliver Lord St.
John, against this Defendant.
"The said Defendant, saving to himself the Advantage of Exception to the said Charge, for Answer
humbly saith, That, about the Time in the Petition
mentioned, this Defendant, by His Majesty's Letters
Patents, under the Great Seal of England, was made
His Majesty's Receiver (fn. *) General of the Counties of
North'ton and Rutland; and that he entered into Bond,
conditioned to accompt, and further, as by the said
Bond and Condition may appear, to which this Defendant, for more Certainty therein, referreth himself:
And this Defendant further saith, That true it is, the
Lord St. John did afterwards, at or about the several
Times in the said Petition mentioned, become indebted
unto him, this Defendant, in the Sum of One Thousand Five Hundred Pounds Principal Money lent;
for securing whereof, the Bonds mentioned in the Petition were given and entered into to this Defendant;
as also in the Sum of Two Hundred Pounds more,
which this Defendant, to pleasure his Lordship, did
lend him, upon his Letter, about Two Years sithence;
whereof, although Payment was thereby promised
within Eight Days, yet hath this Defendant as yet not
received the same; and over and besides, for Wares,
the Sum of Two Hundred and Thirteen Pounds, which
his Lordship bought and had, and which, by this
Defendant or his Servants, were delivered to his Lordship, or to his Lordship's Use, at ordinary and usual
selling Prices, then given by other Buyers for Wares
of like Quantity and Goodness; which Debts, so secured by the said Bonds, together with the other Debt
herein set forth, with Damages after the Rate of Eight
Pounds per Cent. for Forbearance thereof, did and doth
amount to the Sum of Two Thousand Four Hundred
Pounds, or thereabouts, besides Two Hundred and
Fifty Pounds, or thereabouts, expended by this Defendant in Charges at Law, upon an Endeavour to recover the same Debt and Damages; yet hath this
Defendant received or had, towards or in Part of Satisfaction of the said Debt, Damages, and Charges,
in ready Money, the Sum of One Hundred Forty and
Seven Pounds, and Ten Shillings, and no more: But
saith, That, towards this Defendant's further Security,
his Lordship having taken a Bond, in the Name of
the said Robert Stephens, his Lordship's Taylor, in
Trust for his Lordship, as was affirmed, for Payment
of a Debt of Four Hundred and Fifty Pounds, claimed to be due to his Lordship from the Right Honourable William now Lord Viscount Stafford; it is true
that, upon a Letter of Attorney from the said Stephens, made to this Defendant, by the Direction of
the said Lord St. John, and upon Delivery to this
Defendant of the said Bond so made for the Payment
of the said Four Hundred and Fifty Pounds by the
said Viscount Stafford, this Defendant, authorized as
aforesaid, demanded the said Four Hundred and Fifty
Pounds of and from him the said Viscount Stafford;
who being not furnished to make present Payment,
this Defendant, to supply some other Occasions of the
said Lord Viscount, the better to secure the said
Debts, did, at his Lordship's Request, disburse a further Sum of Money unto the said Viscount Stafford;
and thereupon procured a Grant from him of some
Lands for Payment of this Defendant's new Monies in
the first Place, as also of the said Four Hundred and
Fifty Pounds, at certain Days yet to come: But denieth that the said Lord Viscount was, by this Defendant, sued for the same Debt, by Way of Extent
or Inquisition, as by the said Petition is alledged: And
this Defendant also confesseth, That some Assignment
of the Statute in the Petition mentioned was made
unto him by the said Lord St. John, and such Prosecution had thereupon as is mentioned in the said Petition; wherein nevertheless this Defendant, for more
Certainty, referreth to the Proceedings themselves:
But saith, That no Penny, upon the said Statute of
Sir Lewis Pemberton, was or is recovered, or recoverable, as he believeth; for that the Lands of the said
Sir Lewis, before such Time as the said Statute was
entered into, were mortgaged and forfeited, and are,
as this Defendant is informed, by a Decree in Chancery, settled in such Manner as the same, or any Part
thereof, are, to the Knowledge of this Defendant,
liable to be extended by or upon the said Statute;
and what Endeavour this Defendant used to recover
the same, at his great Charge, the Lord St. John
hath more Cause to thank this Defendant for the
same, rather tending to the Lord St. John's Ease and
Advantage, if the Money had been recovered, than
any Way to his Damage: And this Defendant further
saith, That he hath been, and is, ready and willing
to give a just Account unto the Lord St. John, of and
concerning all and every the Matters aforesaid, touching the said Debt, wherein he will not only discount
the Money by him received as aforesaid, and accept
the said Four Hundred and Fifty Pounds, as paid by
the said Viscount Stafford, in Discharge of so much
of the said Lord St. John's Debt, although now
made good by such Monies issued by this Defendant,
and not yet for many Years to be received; but also,
upon Satisfaction and Payment of the remaining Debt,
Damages, and Charges, will assign and deliver up all
the Securities, which he had or hath for the said Monies and Debt, or for any Part thereof, from the said
Lord St. John, to your Lordships full Satisfaction,
that this Defendant neither did nor doth seek Advantage, but to have his own, according to Justice
and Equity; and which, he humbly conceiveth, will
seem just to your Lordships this Defendant should
have: And as concerning the assigning of any Bonds
or Debt owing this Defendant by the Petitioner, or
suing out Extents thereupon against any of the Lands
of the said Lord St. John, or any of his Sureties, or
Seizures made of the same; this Defendant saith,
That, at the Time of the Assignment of the said
Bonds to His Majesty, this Defendant was truly indebted to His Majesty; and saith, That Lands in Essex to the Yearly Value of Thirty Pounds only, and
Lands or Estate in Bedfordshire to the Yearly Value
of Fifteen Pounds, to his Lordship appertaining, have
been extended; by which Extent in Bedfordshire,
Seven Pounds Ten Shillings only hath been received,
and is Part of the Money hereby acknowledged to
have been received; and this Defendant humbly conceiveth, and doubts not but to make it appear, that
whatsoever hath been done by him this Defendant
therein, or by his Procurement, for Recovery of
his said Debt, is agreeable to the ancient, constant,
and usual Course of His Majesty's Court of Exchequer, and not contrary to the Laws and Statutes of
this Kingdom: And he absolutely denieth, that he
ever made, or constituted, any Deputy or Deputies in
or concerning the said Office of Receivership, either
for Fine, Reward, or otherwise, as by the said Petition is suggested. All which this Defendant is ready
to prove, as this Honourable House shall award.
"Geo. Benion."
Lord St. Johns to have a Copy of Benyon's Answer, and the Cause to be heard.
This Answer being read; the said George Benyon was
commanded to withdraw; and then this House Ordered,
That the Lord St. Johns should have a Copy of the
aforesaid Answer; and that the Cause should be heard
at this Bar on Thursday come Sevennight, being the
Fourteenth of April next; at which Time the Witnesses
on Behalf of the Lord St. Johns are to attend the
Hearing accordingly.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in post merdiem
hujus instantis diei, hora 3a, Dominis sic decernentibus.
Post meridiem.
PRAYERS.
Lord Baltimore and Mr. Arundel agreed.
The Lord Keeper reported, "That he hath heard
the Counsel on both Sides, in the Cause between Mr.
Arundle and the Lord Baltamore, concerning a Ne
exeat Regnum against the said Lord Baltamore; and
that they are agreed, by Consent, that the Lord Baltamore shall give a Recognizance of Five Thousand
Pounds, not to go out of this Kingdom until Michaelmas next; and that Mr. Arundle shall have Liberty
to mend his Petition, and make it more particular,
that so the Lord Baltamore may answer to it more
particularly."
L. Lieutenant of Ireland to write for Examinations concerning MacMahowne and McGwire, &c.
Ordered, That the Lord Lieutenant of Ireland
shall write unto the Lords Justices of Ireland, to send
over the Examinations or Transcripts of Mac-Mahowne,
the Lord Magwire, and Colonel Reade, and of all others
since the Beginning of this Rebellion, according to a
former Order of Parliament, dated the 22d of March
last past; and that the said Mac-Mahowne, Lord Magwire, and Colonel Reade, shall be sent over, in safe
Custody, unto the Parliament, as soon as they shall be
fit to travel.
Report of the Conference about Grievances and Remedies.
Then the Lord Robartes reported a former Conference
had with the House of Commons, concerning a Declaration of the Grievances and Evils of this Kingdom,
with the Proposition of the Remedies and Cures which
they conceive fit for those Diseases.
The Declaration was read, in hæc verba: videlicet,
The Declaration to the King, of Grievances.
"We Your Majesty's most humble and loyal
Subjects, the Lords and Commons in this present
Parliament assembled, do hereby call God, this
Kingdom, and the whole World to Witness, that we
have, ever since our first Meeting in this present Parliament, with Fidelity to Your Majesty and the State,
with much Patience and Constancy, in respect of the
great Affronts and Interruptions, the pernicious Plots
and Attempts, wherewith we have been encountered,
distracted, and opposed, employed our Counsels and
Endeavours to maintain God's true Religion, the
Honour and Rights of Your Crown, the Peace and
Safety of Your Royal Person and Your Kingdoms,
the just Liberties of Your People; that so we might
ease them of their great Grievances, and prevent the
Fears and Dangers, yea the imminent Ruin and Destruction, which have been contrived and fostered,
not only in Your Court, but even very near Your
own Person; and, however our Liberties have been
invaded, many of our Lives endangered, and such
Attempts made upon us as might have subverted the
very Being of Parliaments, yet have we so kept ourselves within the Bounds of Modesty and Duty, that
we have given no just Occasion of Your Majesty's
Absence at this Time, nor of any Offence or Displeasure to the Queen's Majesty; but, notwithstanding
our manifold Experience past, and present Sense and
Apprehension of those Principles, destructive to this
Church and State, with which that Religion Her
Majesty professeth doth abound, have ever been
careful of the Honour and Safety due to Her Majesty's Person, and so intend to continue for the Time
to come.
"And we most humbly beseech Your Majesty; with
Wisdom and Compassion to behold the miserable perishing Condition of all Your Kingdoms; the full
Accomplishment whereof seems impossible to be
avoided, unless You will be graciously pleased to join
seriously and thoroughly with Your Parliament, in
removing the Causes, and applying the most powerful
and sovereign Remedies of those Evils and Distempers
which have long held this Kingdom in a languishing
Estate, and now brought it even to the last Gasp
and Period of Destruction; for Prevention whereof,
according to the Trust reposed in us, we are bold in
all Humility and Faithfulness to present some of those
Causes and Remedies to Your Princely View and Consideration.
"1. The evil Counsel about Your Majesty and the
Queen, continually acting and disposing all Occurrences of State, and abusing Your Majesty's Power
and Authority, to the Prejudice of Religion, the Hazard of the Public Peace, the Interruption of the
Parliament, the Strengthening of a malignant Party
within the Kingdom, the Raising and Fomenting Jealousies and Discontents betwixt Your Majesty, Your
Parliament, and other loyal Subjects.
"2. The Priests, Jesuits, Papists, both Foreign and
Native, and other dangerous and ill-affected Persons,
have had so great an Interest in the Affections, and
powerful Influence upon the Counsels, of the Queen;
and that Her Majesty hath been admitted to intermeddle with the great Affairs of State, and with the
disposing of Places and Preferments even of highest
Concernment in the Kingdom; which being conferred
by Her Mediation, hereby not only many of those
who are of great Power and Authority, but divers
active Spirits, ambitious of Public Employments,
have their Dependency upon, and are engaged to favour and advance, those Aims and Designs, which are
infused into Her Majesty upon Grounds of Conscience, which is the strongest Bond either of Good
or Evil.
"3. The great Encouragement of Popery, the public Exercise of that Religion in Whitehall, SomersettHouse, and other Places, the establishing of a Popish
Hierarchy, the settling a College of Capuchins
within this Realm, the free and frequent Conventions
and Consultations of Papists, the Multitude of English Youth of both Sexes bred in the Colleges and
Religious Houses beyond the Seas, and those Popish
Schools, which, by the Connivance and Favour of
the Time, have been set up and permitted within
this Kingdom.
"4. The Want of a due Reformation of the Church
Government and Liturgy now used, the Want of a
Preaching Ministry, and a competent Maintenance for
them, in many Parts of this Kingdom.
"5. The over-strict pressing of divers Ceremonies in
the Liturgy and Rubrick, and the enjoining and pressing of other Ceremonies not established by Law.
"6. The Votes of the Popish Lords in the House of
Peers, whereby the great Work of Reformation in
the Government of the Church and State hath been,
and may yet be, very much hindered, and the malignant Party of the Kingdom strengthened and protected.
"7. The Countenance and Protection which hath
been afforded to many great and dangerous Delinquents; the Preferments of such as have adhered to
them, and the Displeasure shewed against those who
have been used and employed as Witnesses in the
Trial and Prosecution of them.
"8. The violent and frequent Breaches of the Privileges of Parliament; the often Attempts against the
Safety, and malicious Design to frustrate the Power
and Proceedings, of Parliament.
"9. The managing and transacting the great Affairs
of the Realm in private Cabinet Councils, by Men
unknown, not trusted by the Wisdom of the Law,
nor well-affected to the Public Good of the Kingdom.
"10. The preferring Men to Degrees of Honour,
to Offices, and other Employments of Trust, and displacing others, in Time of Parliament, without the
Consent of that Your great and faithful Council,
whereby covetous and ambitious Spirits are apt to be
biassed to those Courses which lead to their own
Preferments; and others, more ingenuous and upright, are awed and streightened in the Performance
of their Duties.
"11. The selling of Places of Judicature, of Offices
of Trust in Courts of Justice, of the Degrees of Serjeants at Law, and of the Charge and Custody of the
Castles and Forts of the Kingdom, whereby insufficient, corrupt, and unworthy Persons are often preferred; who, being obnoxious to Censure and Punishment, are engaged, for their own Security, to be
pliant and serviceable to any evil Designs; Oppression,
Bribery, and Extortion are cherished and increased;
Your Majesty's Service, the Safety, Honour, and
Government of the Kingdom neglected; and the
Places and Employments of Trust, within the Frame
and Constitution of the Commonwealth, (fn. *) which were
intended for the general Good and Service of the Kingdom, are for the most Part, by the Study and Endeavours of those that enjoy them, improved to the Satisfaction of their own Covetousness, Ambition, or other
private Ends, and made burdensome and hurtful to
the Public, by obstructing or perverting the Ways
of Justice.
"12. The secret and false Informations and Accusations, received against divers Members of the Parliament, whereby they have been much endangered
and prejudiced in the Favour and Apprehension of
Your Majesty and the Queen, and, by concealing
the Informers, have been left without Means to acquit and defend themselves.
The Remedies.
"The Remedies which we humbly tender to Your
Majesty are these:
"1. That the Lords and others of Your Majesty's
Privy Council, and all other Persons employed in
great Offices of State and Government, either at
Home or beyond the Seas, may be put from the
Privy Council, and from those Offices and Employments, excepting such as have Offices by Inheritance;
and that such Persons shall be put into those Places
and Employments as shall be recommended to Your
Majesty by Advice of both Houses of Parliament;
and that all Privy Counsellors shall take an Oath for
the due Execution of their Places, in such Form as
shall be agreed upon by Parliament; and that such
of those Counsellors and Great Officers as shall be so
displaced, and not recommended as afore, and whose
Names shall be presented by both Houses of Parliament, shall not have Access to the Persons or
Courts (fn. †) of the King or Queen's Majesty.
"2. That all Priests, Jesuits, and Papists, as likewise
all other dangerous and ill-affected Persons, though
professing the Protestant Religion, be removed from
the Queen's Person, and from having any Office or
Employment under Her; and that all Her Majesty's
Servants whatsoever shall take an Oath, to be devised and enacted by Parliament, That he or she will
not, at any Time, directly or indirectly, by him or
herself, or any other, move, petition, or solicit Her
Majesty, in any Matter concerning the State and Government of the Kingdom, or concerning any Favour
or Immunity to be conferred upon any Papists, against
the Laws, or for any Honour, Preferment, or Employment, of any Person whatsoever.
"3. That Your Majesty will be graciously pleased
to remove from about the Royal Persons of Your
Majesty and the Queen, and from both Your Courts,
Mr. William Murrey and Mr. Endimion Porter, both
which are of Your Bedchamber, and Sir John Winter,
late Secretary to the Queen's Majesty, and Mr. William Crofts, being all Persons of evil Fame, as those
who are disaffected to the Public Peace and Prosperity of the Kingdom, and Instruments of Jealousy,
Discontent, and Misunderstanding, betwixt Your
Majesty and Your Parliament, and busy Promoters of
those Mischiefs and Grievances, which have produced
the great Dangers, Distempers, and Fears, wherewith all Your Kingdoms have been and still are
miserably distracted and perplexed.
"4. That Your Majesty will be pleased not to entertain any Advice or Mediation from the Queen, in
Matters of Religion, or concerning the Government
of any of Your Majesty's Dominions, or for the
placing or displacing of any Great Officers, Counsellors, Ambassadors, or Agents, beyond the Seas, or
any of Your Majesty's Servants attending Your
Royal Person, either in Your Bedchamber or Privy
Chamber, or attending the Person of the Prince, or
any of the Royal Issue, after they shall attain to the
Age of Five Years.
"5. That, for the further securing the Kingdom in
this Behalf, being a Matter of such great Importance
for the Preservation of Religion and the Safety of
the Kingdom, the Queen will be pleased to take a
solemn Oath, in the Presence of both Houses of Parliament, the Form whereof is to be agreed on in
Parliament, That She will not hereafter give any
Counsel, or use any Mediation, to His Majesty, concerning the disposing of any the Offices or Places
above mentioned, or at all intermeddle in any of the
Affairs of State, or Government of the Kingdom.
"6. That all Great Officers and Counsellors, and
such other as shall be employed in any of the Places
aforementioned, shall take a solemn Oath, in such
Manner and Form as shall be prescribed by Parliament, That they have not made Use of any Power
or Mediation of the Queen, directly or indirectly,
for their Preferment, in obtaining any such Place or
Employment.
"7. That the great Affairs of the Kingdom may not
be concluded or transacted by the Advice of private
Men, or by any unknown or unsworn Counsellors;
but that such Matters as concern the Public, and are
proper for Your Majesty's Privy Council, shall be
debated and concluded by such of the Nobility and
others as shall be recommended to that Place by Parliament; and such other Matters of State as are
proper for the High Court of Parliament, which is
Your Majesty's Great and Supreme Council, shall be
debated, and resolved, and transacted, only in Parliament, and not elsewhere; and such as shall presume
to do any Thing to the contrary, shall be reserved to
the Censure and Judgement of Parliament.
"8. That no Person whatsoever, under the Penalty
of High Treason, to be enacted by Parliament, shall
presume to make, entertain, solicit, or further, any
Propositions or Treaty, for the Marriage of any of
the King's Children, with any Prince or Person of
the Popish Religion; and that no Marriage for any
of the King's Children may be concluded, with any
other Prince or Person whatsoever, without the Consent and Advice of both Houses of Parliament.
"9. That none of the King's Children, except the
Princess Mariæ, already affianced, may at any Time
go beyond the Seas, without the Consent of both
Houses of Parliament; and that no Person, under
the Penalty of High Treason, to be enacted by Parliament, shall advise, assist, or attend any of His
Majesty's Children, in any such Voyage beyond the
Seas, without the like Consent of both Houses of
Parliament.
"10. That such Popish Priests as are already condemned may be forthwith executed; and such as shall
hereafter be condemned may likewise be executed
according to Law.
"11. That no Mass, or Popish Service, be sung or
said, in the Courts of the King, Queen, Prince, or
in the House of any Subject in this Kingdom; and
that none of Your Majesty's Subjects, or Servants
to Your Majesty, the Queen, or any of Your Children, be present at Mass, or any other Service of the
Church of Rome, (fn. *) at any Place whatsoever, under
the Penalty of losing his Office and Service, over
and above the other Penalties already enjoined by
Law.
"12. That some more effectual Courses may be enacted, by Authority of Parliament, for the better
Execution of the Laws against the Papists, for the
preventing of feigned Conformity, and disabling them
from making any Disturbance in the State.
"13. That the Votes of Papist Lords in the House
of Peers may be taken away by Act of Parliament.
"14. That a due Reformation may be made of the
Church Government and Liturgy by the Parliament;
and (fn. †) an able Preaching Ministry may be established in
all Parts of this Kingdom; to which Purpose that
they intend to be assisted with the Advice of such
Godly and Learned Divines as shall be agreed upon
by both Houses of Parliament.
"15. That it may be established by Act of Parliament, that no Person shall incur any Penalties, or
Punishment, for any Omission of the Ceremonies in
the Liturgy and Rubrick, until the intended Reformation be made by Parliament; and that such Ceremonies as are not established by Law, may forthwith
be wholly taken away.
"16. That such Delinquents as stand charged in
Parliament for any Offence against the Peace and
Liberty of the Kingdom, or Privilege of Parliament,
may be left to the Course of Justice; and such as
have or shall fly out of the Kingdom, upon any such
Charge, shall be subject to such Penalties and Forfeitures as shall be agreed on and imposed by Bill in
both Houses of Parliament.
"17. That such Persons as shall be declared in
Parliament to adhere to any such Delinquents, and
have thereupon any Preferment from Your Majesty,
shall be removed from those Preferments; and that
such as shall be declared by both Houses of Parliament to have been employed or used as Witnesses
against Delinquents, and have thereupon fallen into
Your Majesty's Displeasure, and been put out of
their Places, shall be restored to their Places, and to
Your Majesty's Favour.
"18. That every Person, which, being a Member
of the House of Commons in this present Parliament,
hath been accused for any Offence against that
House, and, that Accusation depending, hath been
called up to the House of Lords in the Quality of a
Peer, shall, by Act of Parliament, be put out of
that House; and that hereafter no Member of the
House of Commons, except in Case of Descent, may,
without their Consent, be called up to be a Peer in
the Lords House.
"19. That no Person which shall hereafter be
made a Peer of this Realm shall be admitted to have
his Seat or Vote in the House of Peers, without the
Consent of both Houses of Parliament.
"20. That those Members of the House of Commons, who have this Parliament been called to the
House of Peers, except in Case of Descent, may
be excluded from giving their Votes in the House of
Peers, unless both Houses of Parliament shall assent
thereunto.
"21. That no Member of either House of Parliament may be preferred or displaced, sitting the Parliament, to or from any Office in the Court of the
King, Queen, or Prince, or about any the King's
Children, or public Place of Trust in the Commonwealth, or to or from the Benefit of such Place or
Places, without Consent of that House whereof such
Person shall be a Member.
"22. That such Persons of either House of Parliament, (fn. *) as have been preferred to any such Offices or
Places during this Parliament, may be put out of
those Offices and Places; and that those Members
of either House of Parliament, who, during the
Parliament, have been put out of any such Offices,
Places, or the Benefit thereof, may be restored again
to those Places and Offices, and to the Benefit thereof, upon Petition of that House whereof they are
Members.
"23. That no Office, or Employment, concerning
the Justice and Government of the Kingdom, or
Your own Revenue, or Degree of Serjeant at Law,
or Custody of any Fort or Castle, or Place of Trust,
be sold, or bestowed for Money, to be paid to Your
Majesty, or the Use or Benefit of any of Your Servants, or any other; and that it be declared in Parliament to be a Breach of Trust and Duty, both to
Your Majesty and the Commonwealth, in any of
those who, under Your Majesty, shall have the bestowing of any such Place, to take Money for the
same, either directly or indirectly, by himself or
others; and that the Laws in Force against selling of
Offices be duly observed for the Time to come, and
the Penalties thereby incurred not to be discharged
by any non obstante or Dispensation; but that Men
be preferred for their Ability, Merit, Experience,
and other public Respects, and the People eased of
all excessive Fees, unnecessary Delays, and the Proceedings of Justice made more easy, certain, and indifferent, than of late they have been.
"24. That Your Majesty would be pleased to discover the Names of those Persons who advised Your
Majesty to issue out Warrants, for the sealing of the
Chambers and the Studies of the Lord Kymbolton, or
of any Member of the House of Commons, and to
send the Serjeant at Arms to the House of Commons,
to demand some of their Members; to issue out several Warrants, under Your Majesty's own Hand,
to apprehend those Members; Your Majesty coming
thither in Your own Royal Person; the setting forth
a printed Paper, in the Form of a Proclamation, to
apprehend those Members; the exhibiting of Articles of Treason in the Lords House against these
Members; and who advised and contrived those
Articles, or informed Your Majesty of the Matters
therein contained.
"25. That Your Majesty would be pleased, according to Law, not to receive any private. Information or Suggestion against any Member of
Parliament, for Things done in Parliament; and
that Your will be pleased to discover the Names of
those Persons who have given, or shall give, any
such private Information or Suggestion to Your
Majesty, upon the humble Petition of the respective
House of Parliament, against whose Members any
such private Information or Suggestion have been
or shall be given; and that You would be pleased to
make a Public Declaration and Promise in Parliament
to that Purpose.
"These Things being obtained and confirmed by
Your Majesty's Princely Favour and Goodness; they
humbly conceive that, through the Blessing of God,
it will be an assured and effectual Means to remove
all Jealousies and Distempers betwixt Your Majesty
and Your People, and to establish Your Royal Throne
upon the sure Foundation of their Love and Considence; and thereupon Your dutiful and loyal Subjects shall most chearfully address themselves, with
their Lives and Fortunes, to maintain and defend
Your Sacred Person, Your Royal Power and Authority, in a Parliamentary Way; to support and supply
Your Majesty in so free and large a Manner as may
make You as great and happy a Prince as any of Your
most Renowned Ancestors; and, upon all Occasions, they shall be ready to use their utmost and
most faithful Endeavours, that Your Majesty, Your
Royal Queen, and Princely Issue, may enjoy all
Honour, Happiness, and Contentment, in the Midst
of an humble, (fn. *) obedient, and affectionate People;
whereby a hopeful Way will be opened for Your
Majesty to become a glorious Instrument of the Peace
and Prosperity of this Kingdom, and of all Your
Friends and Allies, abroad."
Considerations offered by Mr. Pym upon it.
After this, his Lordship reported further, "That
Mr. Pym said, he was commanded, by the Knights,
Citizens, and Burgesses of the House of Commons,
to present this Declaration to their Lordships, of the
Causes and Remedies of the Mischiefs of these
Times, such as required a present Remedy rather
than a Declaration; and afterwards to say something
to prepare your Lordships Consents to it. He said,
The Mischiefs have been expressed with more Danger
and Violence than in any Age heretofore; and therefore their Lordships will not wonder that something
extraordinary be in the Cure; yet the House of
Commons say, they have kept themselves within the
Bounds of their Duty and Modesty, as such who
are for the Advantage of the King, as well as of the
Subject.
"He said, If these Causes and Remedies be duly
considered, in relation to the great Distractions of
the Kingdom, their Lordships would think all of
them necessary and important, and most of them
without Exceptions; yet he was commanded to touch
upon the principal Matters, and remove some Objections; which he would do in few Words as speaking to those whose Reasons would prevent Discourses.
2 Object.
"The First Objection is, against the Naming of ill
Counsellors, which might seem as an Incroachment
upon the Prerogative; which the Commons, as well
as Your Lordships, will be tender of, so far as it
stands with the public Good, Peace, and Safety of the
Kingdom, for which all Power and Government is
framed.
Answer.
"To this he answered, 1. That anciently, by the Laws
of this Kingdom, the Great Officers of the Realm
are to be settled no other Way but with Consent of Parliament; if the great Places were so, it is not strange
the lesser should.
"2. There is but a Recommendation desired; they
have their Authority still from the King; 'Tis known
that private Advisers are heard, who deserve not the
Credit which both Houses of Parliament are of; so
long as these are done by the King's Grant, it affirmeth,
not opposeth, His Prerogative.
2 Object.
"The Second Objection is to another Head of the
First Article, That all Officers should be put out, the
innocent as well as the nocent; this may seem hard.
Answer.
"1. But this is done to avoid Personal Taxes; that
they may go off in a general Throng, who have not
deserved well.
"2. It will be a Means to avoid the
more wary Carriage,
which yet are not so clear as to get a Confidence with
the Subject.
3 Object.
"For the Article, That all Jesuits and Papists should
be removed from the Queen; this is liable to an Objection of debarring the Queen of the Exercise of Her
Religion; and that this is against the Public Treaty
and Faith given, and so may draw some Dishonour,
and it may be Enmity, on us.
Answer.
"The Answer to this is, That the House of Commons considered that the Law of God, and the Law
of the Land, was only fit for the Representation of
the Body of the Kingdom to judge of; the House
of Commons, and the Lords, the Hereditary Judges
of this Realm: For, if there must be Idolatry, against
the Law of God, it concerns them much to resist it,
left they should incur the Divine Wrath; and nothing concerns them more than to see the Laws of
this Kingdom executed: Herein we may displease
Man, we shall not God.
"For the Public Faith and League, it is less than
that with God; we must respect the Higher, and
neglect the Lower: No Contract can oblige against
the Law of God, neither any Contract can bind us
against the Laws of this Kingdom.
4 Object.
"The Fourth Objection is, against the Queen's
taking an Oath.
Answer.
"The House of Commons desires it may be considered how great and how necessary a Desire this is;
for the Power She hath had, in disposing of Offices,
is known to all your Lordships; and, to avoid this,
they can have no other Remedy but some Bond and
Tie upon Her Conscience. This will argue the
Solemnity of these Desires; and this, though it be
unusual, the Cause is so, that the like urgent Occasions since the Conquest we have not had, as now.
5 Object.
"To that which concerns the Marriage of the King's
Children:
Answer.
"This Answer is given, That we never were in any
Condition which presseth us to desire this as now;
and, having found so much Danger by Marriages
with a contrary Religion, we should do what we
might to avoid the like: It was said, That the House
of Commons wished the Queen all Honour, and all
Happiness; but, to prevent the future, it is necessary
we deal advisedly in this. The Children of the
King (fn. *) are His, yet they are the Children of the Kingdom also; and the Laws look more to them than to
private Men's Children; and yet even those, for Public Good, the Law may restrain, for Public (fn. †) Conveniency.
"He said, Your Lordships see Religion almost gone
within these Two Years; and, if this Parliament be
not a Means to preserve it, it will be gone indeed;
and therefore, with relation to Religion, this Article
is necessary.
6 Object.
"The Sixth Objection is, To the Restraint of
making Peers; and that those who were Members
of the House of Commons should be restored to
that House.
Answer.
"The House of Commons conceive it agreeable to
the Nature of Parliament, which, as it is fit for Your
Lordships to desire none should be made but by
Your Consent, so will the House desire for themselves,
that none of their Body may be taken away but by
their Consent; and, in the Case of Assistants in the
Peers House taken from the House of Commons, they
have been remanded to that House, in several Cases.
"These are all the Particular Objections.
General Objection.
"Concerning the General Objection, that, seeing
most of these cannot be done without a Bill, why is
this Way taken of a Declaration?
Answer.
"The Answer to this is, That the Necessity of the
Times will not wait for the passing of sundry Bills,
which must take up some Time; but it will be a
great Comfort to the Kingdom to have the King's
Assent before-hand, and it will much conduce to the
settling of the Minds of Men."
This Report being ended; it is Ordered, That the
Matter of this Report shall be taken into Debate Tomorrow Morning.
Then
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Sabbati,
videlicet, 2m diem instantis Aprilis, 1642, hora 9a Aurora,
Dominis sic decernentibus.