tion or denial, then to have fallen upon the said house in a hostile manner: And we do hereby declare, That the same was a traiterous design against the king and parliament. And whereas Mr. Hollis, sir A. Haslerig, Mr. Pym, Mr. Hampden, and Mr. Strode, members of the said house of commons, upon report of the coming of the said soldiers, papists, and others, in the warlike and hostile manner aforesaid, did, with the approbation of the house, absent themselves from the service of the house, for avoiding the great and many inconveniences which otherwise apparently might have happened: Since which time, a standing all which, we think fit further to de- bearing date the 6th day of this instant January, endeavour, or have persuaded any other so to breed more delay, which his majesty to his do; or that shall do any the things above-power will avoid, that it be resolved, Whether mentioned: and shall not forthwith discover he be bound, in respect of Privilege, to proceed the same to either house of parliament; or the against them by Impeachment in parliament, Speaker of either of the said houses respectively, or whether he be at liberty to prefer an indictand disclaim it; are declared public enemies ment at the common law, in the usual way, or of the state and peace of this kingdom, and have his choice of either: whereupon his mashall be inquired of, and proceeded against ac- jesty will give such speedy directions for the cordingly." prosecution, as will shew his desire to satify both houses, and put a determination to this business." January 20. The Commons drew up a Petition, and sent it to the Lords; which was in these words: To the King's Most Excellent Majesty ; The humble PETITION of the Lords and Commons, now assembled in Parliament, "Sheweth; That whereas, of late, there have been sundry and great Breaches of the Privileges of Parliament; and your majesty, in a Message to both houses, was pleased graciously to express, that you would be willing to clear and assert them, by any reasonable way your parliament should advise you to; we shall, in convenient time, present the particu lars to you, together with our advice and desires, for the asserting our privileges; and whereas your majesty by another Message to both houses, hath expressed an apprehension of some treasonable matter to have been committed, by the lord Kimbolton, Mr. Hollis, and the rest; and declared, That you will, hereafter, proceed against them in an unquestionable way: We your lords and commons do humbly beseech your majesty that you would be pleased to give directions, that your parliament may be informed, in a few days, what proof there is against them; that, accordingly, there may be a parliamentary and a legal proceeding against them; and they receive, in justice, what shall be their due, either for their acquittance or condemnation. This we humbly conceive we are bound to crave, both in regard of ourselves, and of them; being unfit that we should have any of our members liable to so great a charge; and thereby hindered from doing the service they respectively owe to their several houses; as that they, if innocent, should longer lie under so great a weight; or, if guilty, avoid their deserved punishment." The Lords agreed to this Petition, and ordered some of their body to join a Committee of the Commons to present it to the King the next day. January 24. The King's Answer to the above Petition, was reported to the lords by the earl of Newport, to this purport: "That he doth well approve of the desire of both Houses, for the speedy proceedings against the persons mentioned in the Petition; wherein his majesty finding the great inconveniences, by the first mistake, hath endured some delay, that he might be informed in what order to put But, before that be agreed upon, his majesty thinks it unusual to discover what proof there is against them; and therefore thinks it necessary, lest a new mistake should the same. February 1. This, day the House of Commons sent up a draught of a Petition to the king, concerning the lord Kimbolton and the Five Members, in which was recited all that was passed in that his majesty to give directions that they might business; and that they once again besought there were against them, that they might be be informed, in two days time, what proofs brought to a legal trial, it being the undoubted right and privilege of parliament, that no member can be proceeded against without their lordships concurrence; which was granted. To which Petition they desired their To this Petition, his Majesty returned this An consent. swer: "That as he once conceived that he had ground enough to accuse them, so now his mafurther prosecution of them: and, for a further jesty finds as good cause wholly to desert any wards all his loving subjects, some of whom testimony of his majesty's real intention tohaply may be involved in some unknown or unwilling errors; for the better composing and settling of fears and jealousies, of what kind and general a pardon, for the full contentment soever; his majesty is ready to grant as free of all his loving subjects, as shall, by the approconvenient for that purpose." bation of both Houses of Parliament, be thought February 17. The Commons prepared another Petition to the King, concerning the Accused Members, which they sent up to the Lords for their concurrence, who joined with them in it. This Petition was as follows: "To the King's Most Excellent Majesty; The humble PETITION of the LORDS and COMMONS, now assembled in Parliament. "Sheweth; That whereas your majesty, in Answer to their late Petition touching the proceedings against the lord Kimbolton, Mr. Hollis, &c. members of the parliament, was pleased to signify, That as your majesty once conceived that you had ground enough to accuse them, so now your majesty finds as good cause, wholly to defer any further prosecution of them: notwithstanding which, they remain still under that heavy charge so imputed unto them, to the exceeding prejudice not only of themselves, but also of the whole parliament: and whereas, by the express laws and statutes of this your realm, that is to say, by two acts of parliament, the one made in the 37th, and the other in the and streamers, as ready for fight. And that the Trained-bands of London might be under the command of a person fit to lead them, they granted a Commission to captain Skippon, who was Captain of the Artillery Garden, to be Major-general of the Militia of the city of London; an office never before heard of, nor imagined that they had authority to constitute. The man had served very long in Holland, and from a common soldier had raised himself to the degree of a Captain, and to the reputation of a good officer; he was a man of order and sobriety, and untainted with any of those vices which the Officers of that Army werc exercised in; and had newly given over that service upon some exceptions he had to it, and, coming to London, was by some friends preferred to that command in the Artillery Garden, which was to teach the citizens the exercise of their arms. He was altogether illiterate, and having been bred always abroad, brought disaffection enough with him from thence against the church of England, and so was much caressed and trusted by that party. 38th year of the reign of your most noble pro- | of ordnance, and dressed up with wast-cloaths genitor king Edw. 3. If any person whatsoever anake suggestion to the king himself of any crime committed by another, the same person ought to be sent, with the suggestion, before the chancellor or keeper of the great seal, the treasurer, and the great council, there to find surely to pursue his suggestion; which if he cannot prove, he is to be imprisoned till he hath satisfied the party accused of his damages and slander, and made fine and ransom to the king. The said lords aud commons, therefore, humbly beseech your majesty that, not only in point of justice to the said members in their particular, but for the vindication of the rights and privileges of parliament, your majesty will be pleased to send the person, or persons that in this case made the suggestions or informations to your majesty against the said members of parliament, together with the said suggestions or informations, to your parliament; that so such fruits of the said good laws may be had as was intended by them, and the rights and privileges of parliament may be vindicated; which of right and justice, ought not to be delayed." To which Petition, the King, on the 21st, desired further time to consider of his Answer. March 4. A Bill had been sent up by the Commons intitled, "An Act for the clearing and vindicatg of the lord Kimbolton, and the Five Members, from a late feigned Charge or Accusation, of High Treason;" which was read a second time this day by the lords, and committed. March 16. "This man marched that day in the head of their tumultuary army to the Parliament House; where the Accused Members were no sooner 6 entered, than they magnified the great kindness and affection they had found in the City, and their zeal to the Parliament, and if their expressions of it, upon this extraordinary occasion, had been somewhat unusual, that the house was ingaged in honour to protect and 'defend them from receiving any damage.' Whereupon the Sheriffs of London were called The Bill," For clearing the lord Kimbolton into the House of Commons, and thanked by and the Five Members from a feigned Charge of the Speaker for their extraordinary care and High Treason;" also another Bill "For rais-love expressed to the Parliament; and told, ing Money for the great Affairs of the kingdoms of England and Ireland," was read a third time by the lords, and passed. Ordered, "That the clerk of the crown, in Chancery, do forthwith draw up two commissions, and prepare them ready for the great seal, for his majesty's royal assent to be given to these two Bills." 6 that they should have an Ordinance of Parlia'ment for their Indemnity, declaring that all 'their actions of respect and kindness, which they had shewed to the lords and commons in London, and their attending them to, and at Westminster, was legal and justifiable. The masters and officers of ships were likewise called in, and most heartily thanked for their kindness; and serjeant major-general Skippon appointed Lord Clarendon thus represents the circum- every day to attend at Westminster, with such stances attending the triumphal Return of the a guard as he thought sufficient for the two Five Members to Parliament, "The Accused houses. There was one circumstance not to be Members about two of the clock in the after-forgotten in the march of the citizens that day, noon, on the 11th of January, being the next when the shew by water was little inferior to day after the King went to Hampton-Court, the other by land, that the pikemen had fastened came from their lodgings in the city to West- to the tops of their pikes, and the rest in their minster, guarded by the Sheriffs, and Trained-bats or their bosoms, printed Papers of the Probands of London and Westminster, and attended by a conflux of many thousands of people besides, making a great clamour against Bishops, and Popish Lords, and for the Privileges of Parliament; some of them, as they passed by Whitehall, asking with much contempt, what 'was become of the King and his Cavaliers? ' and whither he was gone?' "From London bridge to Westminster, the Thames was guarded with above a hundred Lighters and longboats, laden with small pieces testation which had been taken, and enjoined by the House of Commons the year before for the defence of the Privilege of Parliament; and many of them had the printed Votes of the King's breaking their privileges in his coming to the house, and demanding their members. "As soon as the citizens and mariners were discharged, some Buckinghamshire men, who were said to be at the door, with a Petition, and had indeed waited upon the triumph with a train of several thousand men, were called in; who delivered their Petition in the name of the inhabitants of the county of Buckingham, and said it was brought to the town by about 6,000 men. They commended the unwearied pains of the House of Commons, for the redress of the pressures they had lain under, but complained that the success was not answerable, their endeavours being frustrated or retarded by a Malignant Faction of Popish Lords, Bishops, and Others; and now of late, to take all that little hope, was left, from them, of a future reformation, the very being of the Parliament was shaken, the Privileges thereof broken in a desperate and unexampled manner, and the Mem bers thereof unassured of their lives, in whose safety, the safety of them, and their posterity, was involved. They held it therefore their duty according to their late protestation, to defend and maintain the persons and privileges thereof, to the utmost power of their lives and estates; to which purpose, they said, they were then come to make the humble tender of their service, and would remain in expectation of their commands and order; to the execution whereof they would with all alacrity address themselves, ready to live by them, or to die at their feet, against whomsoever should in any sort illegally attempt upon them.” 160. Proceedings in Parliament against JAMES Duke of RICHMOND, as a Malignant* and an Evil Counsellor to the King: 17 CHARLES I. A. D. 1641-2. ↑ [Lords' Journals. 2 Cobb. Parl. Hist. 1061.] January 26, 1641-2. THE Lord Keeper having reported the Conference, concerning the Petitions for a Reformation in Church and State, a motion was made in the House of Lords for joining with the Commons in petitioning his majesty about putting the Forts and Militia of the Kingdom into safer hands, &c. upon the new Reasons offered at the said Conference. This occasioned a long debate, the House being in a committee; when, being resumed, some Lords * "This," says Clarendon, "was the term they imposed upon all those they meant to render odious to the people." As to the non-trial of persons impeached after January 1, 1641-2, see 3 Cobb. Parl. Hist. 45. "Although a Vote had passed on the 19th Dec. 1642, concerning Delinquents, 'That they were not all to be included in their designed Propositions to the king for Peace,' the House of Commons had got that Order overruled in some measure: for though a Committee of Lords had been appointed to consider of the naming of such Delinquents as were to be excepted out of their act of grace, who this day brought in their opinion, That those only who had been impeached before the 1st of January last should be proceeded against in Parliament;' yet the lord Digby, particularly, though he had been impeached since that time, was left to the Judgment of Parliament. And after a long debate, the following question was put: Those that are of opinion to agree with the committee, That at this time, such as the committee have 'named to be impeached by the commons should be left to the Trial of Parliament, omitting the rest of those which are impeached, say Content;' and it passed affirmatively. On which the following Lords entered their Dissent thus: We whose names are sub6 scribed do conceive that the demanding, by desired the house might be adjourned, to which the Duke of Richmond answered, "Let us put the question, Whether we shall adjourn for six months?" which words the house taking exception to, the Duke explained himself, "That he did not speak these Words positively, but meant that the House might be adjourned as well for six months, as to a time not limited." But this not satisfying, the Duke withdrew; when, after some more debate, the question was put, "Whether it shall be sufficient satisfaction to this house, That the lord 6 this House, of some to be left to justice, and 'leaving out of others, who are under the like 'Impeachment of High Treason, and have been, by force of arms, protected from being brought to a Trial, in the highest court of judicature, is an example of very ill consequence; because we conceive that it is not proper for this 'House to move the House of Commons, in the 'stopping of their Proceedings upon Impeach'ments; and that it doth not only give encouragement to a king to attempt the like stoppage of justice by force, and from this prece dent to stand upon the protecting of persons impeached; but to subjects also, who may be induced to undertake any thing in hopes of impunity, even from the desires of this house; which hath not demanded any one of those to 'be left to trial, who, since his majesty's going to York, have been impeached of High Treason, for actually levying war against the king and kingdom. Upon these, amongst other reasons, we have demanded our right of Pro'testation; and do now accordingly enter it, to 'clear ourselves from any inconveniences that may follow from these Votes; which are, in our opinion, very prejudicial to the privileges of parliament and the liberty of the subject. -(Signed) Warwick, Peterborough, Man'chester, Say and Sele, Wharton, Bolingbroke, Willoughby of Parham, Brook Grey de Werk," 3 Cobb. Parl. Hist. 45. duke of Richmond shall come to his place, and make an humble Submission and acknowledgment that he hath offended the house in speaking these Words inconsiderately and unadvisedly; and that he had no intention to have the House adjourned for six months, and that he craves their lordships pardon for it?" It was resolved in the affirmative. forbear to press the matter concerning those gentlemen; affirming, that it would be an acceptable service, and would do him good. Which last words Mr. Perd construed to mean, that the King and Queen would take notice of it as an acceptable service. This he would not say positively, but he believed it, &c. 3. That, by a copy of a Record* then in their house, it did appear, that the duke of Richmond did, on the 26th of January instant, desire that the question might be put for the adjournment of the house of lords for six months, Against which the following Protest was entered: "That, in respect the words spoken by the duke of Richmond tended much to the prejudice of the king and kingdom, we do protest against this vote, as not sufficient punishment for words of that dangerous consequence: "Upon the whole, the house of commons Northumberland, lord Admiral; Bedford, Es- passed this vote, That they had sufficient cause sex, Pembroke, Suffolk, Lincoln, Leicester, to accuse the duke of Richmond as one of the Warwick, Holland, Bolingbroke, Stamford, Malignant Party, and an Evil Counsellor to the Conway, Wharton, Paget, Hunsden, Chandois, king, for these Reasons: 1. That he endeavoured St. John, Spencer, Kymbolton, Brooke, Grey to have such Members chosen as he should de Werk, Roberts, Howard de Escrick, Wil-name; and his way of menacing afterwards loughby de Parham." shews an intention to overthrow the Freedoin Then the Duke was called in, and, standing of Election, and making a party in Parliament. in his place, made this Acknowledgment: 2. That he endeavoured to corrupt the MemThat he doth, with all humility, acknow-bers of the House of Commons after they were 'ledge his great offence in speaking of Words concerning an Adjournment for Six Months, which he confesseth to have uttered unadvisedly and inconsiderately; but professeth ⚫ he did not intend or mean that any such ad'journment should be; and craves the Pardon of the house for his offence therein.'* January 29. A Message to the Lords came up from the Commons, brought by sir Peter Wentworth, desiring a Conference, touching the duke of Richmond. The Lords fixed upon a present meeting; when, being returned from it, the Lord Keeper reported the substance of it to this effect: "That Mr. Glynn said, He was commanded by the House of Commons to acquaint their lordships with what Information had been given to them about the said Duke. 1. That he did write unto the town of Hithe, to chuse one captain Wimberley to serve for one of the barons there in this Parliament, but he was not chosen. A Letter was produced, wrote by one of the Duke's officers, said to be by his grace's direction, to prove this: as also, another to captain Collins, deputy lieutenant, directed to the mayor and jurats of Hithe, for the return of the said election. 2. Mr. Perd, a member of the house of commons, informed that house, That whilst the affair of Mr. Percy and Mr. Jermyn were before the house, and before their offences were declared High Treason, one Mr. Scroop, the duke's steward, came to him, and, in his master's name, desired Mr. Perd to Lord Clarendon says, "The motion for the adjournment was made by some of the Protesting Lords, who were not willing the matter of the Militia should then come into debate." James Stuart, duke of Lenox in Scotland, a near relation to the king, VOL. IV. elected, even in matters of the highest nature; for support of the Delinquents that were in question for endeavouring to bring the army upon the parliament. 3. The motion made in the house, if elected, would certainly be the loss of Ireland, and hazard the ruin of this kingdom; there being distractions at home, and imminent danger in Ireland, and no way to help both but by parliament; which, if it had been adjourned, in consequence that necessary and good act, for the continuance of this parliament, would have been ineffectual. "Upon all which the House of Commons desire their lordships forthwith to join with them to petition his majesty, That the Duke may not have any access to the persons or courts of the king or queen; and that he may be removed from all offices and places of public trust. And that this may be done with all speed, in regard of the great places of trust and confidence he now holds." Mr. Glynn concluded with telling their lordships, "That it was the care of the House of Commons to prevent the evils that hang over our heads; and they can do no less, in regard to the duty they owe to the King, who has called them as his council; to their country that hath intrusted them; and, lastly, they do it to satisfy their own consciences. They say they saw the stone that hit them, but could not discover the arm that threw it. They say they wash their hands of the ill consequences of these things, and lay it at their lordships door." This Report being ended, the Duke of Richmond stood up, and made his humble desire, This Record was probably the Votes or Journals of the Lords. It may be noticed, that this difference in the evidence of the offence charged, distinguishes this case from those of bishop Neile, vol. 2, p. 885, and of the lord Digby, No. 162, of the present volume. A |