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that no member leave the town without special licence from the house."

of no delay) have thought fit to declare their united affections; by entering into an association amongst themselves, and by making a Orders and Resolutions of the Commons for solemn Protestation and vow unto their God, putting the Kingdom in a State of Defence.] That they will unanimously endeavour to op- Ordered, also, "That all the knights of shires, pose and prevent the counsels and counsellors citizens, and burgesses of every county, should which have brought upon us all these miseries, meet, this afternoon, to consider in what state and fears of greater; to prevent the ends, and and condition their several counties, cities, and bring the authors of them to condign punish- boroughs are, in respect of Arms and Ammuniment, and thereby discharge themselves both tion; and in what condition for lord lieutebefore God and man. The Protestation your nants, or deputy lieutenants, whether they be lordships shall have read unto you, together persons well-affected to religion and to the pubwith the grounds and reasons which have in-lic peace; and to present the names of them to duced the house of commons to make it; which are prefixed before it by way of preamble.'

Then the Protestation, with the Preamble to it, was read by Mr. Maynard. Afterwards it was, upon the question, resolved, nem. con. "That every lord of this house shall take this Protestation." Next follow the titles of all the peers, bishops included, then present, who took and subscribed this instrument; and the rest of the lords did the same, in the succeeding days, as they came to the house".

May 5. The house of commons ordered, "That the Protestation aforesaid, with the preamble to it, should be printed together; and that the knights, citizens, and burgesses may have copies of them to send down to the sheriffs and justices of peace of the several counties, cities, boroughs, &c. in England ;+ and that they intimate to them, with what willingness the members of this house made this Protestation; and, as they justified the taking of it in themselves, so they cannot but approve the same in others.

Ordered also, "That all the members that are in town, and not sick, do appear here to morrow, at 8 o'clock; and their non-appearance shall be accounted a contempt of this house; upon which the house shall proceed as against a person not worthy to sit here: and

Lord Clarendon says, "The earl of Southampton and the lord Roberts only refused it; alledging, There was no law that enjoined it, and the consequence of such voluntary engagements might produce effects that were not then intended.” Vol. I. p. 198. Dr. Nalson adds, "That divers Recusant lords declared to their house, That they were ready to take the Protestation, so much as concerns the civil part of it, so they might be dispensed with for the Matter of Religion, which binds their consciences; which the house giving way to, the lord marquis of Winchester, the earl Rivers, and the lord Audley made the Protestation accordingly."-Collections, Vol. II. p. 237.

+ This day, in the afternoon, one Mr. Henry Berkley was committed to the GateHouse, for saying, "That the house of commons deserved to be hanged better than the earl of Strafford, and that if he had seen one of the Protestations sticking up, he would have plucked it down, and wiped his breech with it."-Diurnal Occurrences, p. 92.

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this house: and likewise to consider what forts and castles there are in their several counties, &c. and who are the governors of them; and who are the governors of the islands, and the castles and forts there."-Resolved, upon the question, "That this house doth declare, that whosoever doth give any counsel or assistance, or join, in any manner, to bring any foreign force into the kingdom, unless it be by command of his majesty, with the consent of both houses of parliament, shall be adjudged and reputed a public enemy to the king and kingdom.”

All this was previous to a message sent, this day, to the lords by Mr. Hollis, "That the house had received such information, as doth give them just cause to suspect, that there have been, and still are, secret practices to discontent the Army with the proceedings of parliament, and to engage them in some design of dangerous consequence to the state; and, by some other mischievous ways, to prevent the happy success and conclusion of this parliament. And because the timely discoveries and prevention of these dangerous plots doth so nearly concern both the safety of the king and kingdom, they desire their lordships would appoint a select committee, to take the examinations, upon oath, of such persons, and upon such interrogatories as shall be presented unto them by the direction of the house of commons, and in the presence of such of the members of that house as shall be thereunto appointed; with injunction of such secrecy as a business of this nature requires.-They have also ordered, That such members of their house as may be thought fit, shall, upon notice, be ready to be examined; and they desire their lordships will be pleased to order the like for the members and assistants of their own house. And further, it is desired, that their lordships will forthwith send to his majesty, to beseech him, in the name of the parliament, upon this great and weighty occasion, That

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servant of his maj. the queen, or the prince, may depart the kingdom, or otherwise absent himself, without leave from his maj. and with the humble advice of parliament until these examinations be perfected."

When Mr. Hollis had read this Message to the lords, they returned for Answer, "That they would join with the commons in all they desired:" And immediately ordered a committee of ten lords to take examinations, upon

oath, of such persors as shall be presented to them by the members of the other house. And a Memorandum is entered, "That whereas none of the lords the bishops are joined in this commission, it was declared by the house, that it should be no prejudice to their rights, as peers of parliament."-After this the lords sent a Message to the King by three great officers of state, and some other lords, about the request the commons made relating to his majesty's servants, and those of the queen and prince. The Answer was reported back by the earl of Dorset, "That his majesty very willingly granted it; and gave present command to these great officers, that attended him on this occasion, to take notice thereof to all under their charge, that none do depart the kingdom without the king's licence, but be forthcoming upon demand."

The lords of the committee for examining witnesses were enjoined strict secrecy in that affair; and the attorney general, with one of the king's serjeants, who were to attend them, took an oath, there entered, to the same purpose.

May 5. p. m. An order was made by the lords, to impower the constable of the Tower to send to the lord Mayor for the assistance of such a number of the Trained Bands as he shall have need of, in case of any sudden acci- | dent that may hereafter happen. The lord mayor also had power given him, by this order, to raise and arm any such number of the Trained-Bands, with powder and ball, as the said constable shall require, for the safe-guarding and keeping the said Tower, when need shall require it. Soon after the lord mayor's power was enlarged, by consent of the king, That, upon any sudden commotion or insurrection, he may draw out so many of the Trained Bands, as may be thought sufficient to suppress it.*—This afternoon, also, the com

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"This day there was a great hubbub raised in the city, occasioned by a report of a design to blow up the parliament: notice whereof was taken in the house of commons, by sir Walter Erle. Mr. Middleton and Mr. Moyle, two very corpulent men, with some others, standing up to hear him, a board in the gallery broke, and gave such a crack, that some apprehended the house was blown up indeed and sir John Wray crying out, He smelt Gun-Powder,' they hurried out of the house, and frighted the people in the lobby, who ran into the hall crying, The Parliament House was falling, and the Members slain ;' and, the people running in confusion through the hall, sir Robert Mansel drew his sword, and bid them stand for shame, for, he saw no enemy to hurt the parliament, and that there was no danger:' but some of the zealots by water gave the alarm, so that the drums beat, and a regiment of Trained-Bands marched as far as Covent-Garden, and the rabble of Volunteers down to the house, to save the parliament." Nalson's Collect, Vol. II. p. 191.

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mons resolved, “That a bill shall be prepared to declare and assure the Continuance of this present Parliament, from adjourning, prorogu ing, or dissolving, without the consent of both houses.' Mr. Whitlocke to prepare this bill. Sentence against Lilburn in the Star-Chamber, voted illegal.] Mr. Rouse having reported the case of John Lilburn, it was resolved, 1. "That the Sentence in the Star-Chamber given against John Lilburn, is illegal, aud against the liberty of the subject; and also bloody, wicked, cruel, and tyrannical. 2. That reparation ought to be given to Mr. Lilburn, for his imprisonment, suffering, and losses, sustained by that illegal sentence.'t

The Commons Suspicion of Discontents in A conference with the the Army.] May 6. lords was desired by the commons, and assented to; the lord Wharton reported the sub-tance of it to this effect: "That the house of cormons have lately presented to their lordships some information which they received, concerning ill counsels and practices which have been given to discontent the English Army with the proceedings of parliament, and to engage them in some design of dangerous consequence, &c. The commons have now great cause to increase their jealousies; for, having sent for certain persons to be examined in that business, they are not to be found; and the answers returned are so various, that they have great cause to believe they are fled. In parti cular they named Henry Percy, eq. Henry Jermyn, esq. sir John Suckling, Wm. Davenant, and capt. Billingsly; therefore they desired the lords would join with them, that all the ports may be stopped, and some course taken And whereas they are into find them out. formed, that the queen intends to take a journey to Portsmouth, they desire, (out of the service and respect they owe to her majesty and the safety of her person) that the king may be moved to desire the queen to defer her journey to Portsmouth, until the bottom of this business be fully known. Lastly, That some course may be taken to satisfy the English Army: and, if there be any there who have been carried away by ill counsel, to let it be known amongst them, that, if they will come in and discover the rest, they shall be spared."-Hereupon it was ordered, "That this house doth join with the house of commons in every thing they ask."

A Letter sent by the Speaker, to assure the Army of their Pay.] The ports were immed:ately ordered to be stopped, and circular letters to be sent for that purpose. None to be suffered to pass, except sir Thomas Roe, and his

* Mr. Whitlocke remarks, "That this motion was so well liked by many parliament men, who, upon passing such a bill, would sit the surer and the longer in their saddles; and they were so hot upon it, that the committee brought it in the very next morning."

† See the Proceedings against him in the Star-Chamber, in Rushworth, Vol. II. p. 463.

attendants, who was going ambassador abroad; | probable information of some forces, now at the particularly the persons abovenamed, to be ap-sea side, in France, designed for Portsmouth : prehended, and safely conducted to this house. The members of the last committee were ordered to frame a Letter to the English Army, to take away all misunderstandings that might have been raised amongst them; as follows:

"Sir; We have had cause to doubt that some ill-affected persons have endeavoured to make a misunderstanding in the Army, of the intention of the parliament towards them. To take away all misunderstanding in that kind, the house of commons have commanded me to assure you, that they have taken the affairs of the Army into their serious care; and though, for the present, their monies have not come in as was wished, and as was due; by reason of the many distractions and other impediments which this house could no ways avoid; yet the Army may rest most assured, that they shall not only have their full pay, but the house will take their merits into their further consideration; in regard they take notice, that notwithstanding their wants, and the endeavours of those ill-affected persons, they have not demeaned themselves otherwise than as men of honour, and wellaffected to the commonwealth; which this house takes in so good part, that we have already found out a way to get money for a good part of their pay, and will take the most speedy course we possibly may for the rest. So I remain, Your very loving friend,

WM. LENTHALL.

From my House at Charing-cross, the 8th of this present month of May, 1641.-P. S. 'Tis the pleasure of this house, that this Letter be communicated to the Army, to the end their Intentions may be clearly understood."

May 7. The commons having appointed a committee to take into consideration the printing of the Preamble and Protestation, with the lord Digby's last Speech, and several other speeches of members of their house; and to have power to send for parties, witnesses, books, and papers: this day the lords also ordered the bishops who were on the comtnittee for Religion, to have power, from that house, to inquire after the printing and publishing of News-Books that are lately printed, full of innovations of doctrine, &c. with liberty to send for the printers, and examine them; and afterwards to report the samne to the house.

therefore they desire their lordships to join with them, in all convenient ways, for the discovery of this business, not doubting but these designs are united together. And it is their desire that three persons, one member of this house and two of the commons, be sent forthwith to Portsmouth, with a commission to examine the governor of that fort upon interrogatories; and, if any cause of jealousy be to suspect the governor, forthwith to command him to come to parliament; one of the commoners to come up with him, and the other to stay there to make as good provision as they can for that place, till they hear from hence. If the governor refuse to come up to London, that there be some speedy course taken to prevent further mischief-Next, that there may be some forces drawn out into Wiltshire and Berkshire, inland counties, to secure Portsmouth. Then to take care that provision be made for the isles of Guernsey and Jer sey; and that the Train-Bands of Hampshire, Sussex, and Dorset, may be in readiness: also, that orders may be taken that the ships at Portsmouth may be put into a good posture for defending that town, and that the lord admiral be requested to put commanders of trust and fidelity into those ships: that a letter be sent down, signed by the two Speakers of the lords and commons, to the commanders of the army, to satisfy them, and to think of some fit way how the bottom of this plot may be discovered.--That the commons have appointed some members of their house to go into Dorsetshire, for drawing up the men to be ready on occasion: and likewise they have sent down to the king's ariny in the North other members of theirs, for satisfying the army, and to endea your to discover these counsels and plots in hand. Lastly, That the commons have voted, That whosoever hath counselled, assisted, or joined to bring in any foreign force, but by the leave of the king and advice of parliament, shall be accounted as an enemy to the king and kingdom."

The lords complied with every article of this request of the commons. They first passed the same vote, nem. con. against counsellors or assistants. Next, the lord Kimbolton was deputed to go to Portsmouth; to whom were joined, in commission, sir John Clotworthy and sir Philip Stapleton, of the commons. A Conference concerning the present Dangers They ordered also a Proclamation to be issued of the Kingdom.] Another conference was de-out against Percy, Jerinyn, sir John Suckling, sired, this day, with the lords, the report of &c. and sent into all the countics in England, which by the lord privy seal, was to this pur-summoning them to surrender themselves pose: That it was said by the commons at this conference, that 7 or 8 persons, that would have been material witnesses in this great business, are fled and run away, upon their sending for them; and therefore their suspicions are much confirmed concerning the design to The Commons pass the Bull for Continuance seduce the king's army, and bringing them hi- of the Parliament.] This day also the comther to join with other forces, to the disturb-mons read a third time, passed, and sent up to ance of the parliament: also, that they have the lords the bill, To prevent Inconveniences VOL. II.

within ten days of the date thereof, to the lords in parliament at Westminster, under such a penalty as that house slov d think fit to inflict upon them: and that Mr. Attorney shall present the same to be signed by the king.

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by adjourning of the Parliament; which their lordships read a first and second time this afternoon, and ordered back to the commons, with 'some amendments.

A second Letter to the Army.] May 8. To prevent further discontents in the Army, another Letter was this day sent from the commons, with the consent and concurrence of the lords, to sir Jacob Ashley and sir John Conyers, to be communicated to the Army in the North; which was as follows:

"Sir; Whereas there have been just causes of jealousy, that there have been some secret attempts and practices, to infuse into the Army a mislike of this parliament, to some dangerous intents and purposes against the state; and that now the matter is grown unto a strong presumption, upon further discoveries; and, by reason that some of those which were suspected to have been active therein are fled, upon the first stirring thereof, before ever they were once named; it hath pleased this house to declare, That notwithstanding they intend to search into the bottom of this conspiracy; yet, purposing to proceed specially against the principal actors therein, this house hath resolved, (whereunto the house of peers bath likewise consented) that for such of the Army as the conspirators have endeavoured to work upon, if they shall testify their fidelity to the state, by a timely discovery of that which they know and can certify therein; they shall not only be free from all punishment, but so shall be esteemed to have done that which is for the service of the state, in discovery of so dangerous a plot against it and for such of the Army, as are and shall be found no ways tainted with this dangerous design, or, knowing any thing thereof, shall make such discovery as aforesaid; as this house shall no ways doubt of their loyalty and fidelity, so it shall have an especial care not only to satisfy all such arrears as this house hath formerly promised to discharge but also give a fair testimony of the scuse they have of their present and past wants. And it is ordered by this house, That, immediately after the receipt hereof, you should communicate this their Declaration unto all the officers and members of the army under your command."

The Bill for continuing the Parliament, passed.] The same day the commons returned the bill,To prevent Inconveniences by adjourning of the parliament,' to the lords, with this answer, "That they had debated their lordships amendments to it; and find them not material: and therefore desire that the bill may pass without them." On which the bill was read a third time, and being put to the question, the house divided, and it was carried, "That the bill pass into a law, by the major part of the peers," as their Journals express it.*

The principal amendments were, "That the time should be limited and not left indefinite; and that it should not be dissolved

The Avenues to the Parliament House searched on the Apprehensions of a Plot.] May 10. The house of commons seemed to be under some consternation and dread of another Gunpowder-Plot; for this day the serjeant at arms was ordered to get the holes in the floor of Westminster-hall searched into, and stopped up; and a committee of five was appointed to take care and search the houses, rooms, and places about the parliament-house, to prevent the designs and danger that may happen by persons ill-affected.

May 11. The commons went into a committee, Mr. Hyde in the chair; and, when the house was resumed, it was resolved, upon the question, "That the sum of 400,000!. should be raised for the great and pressing affairs of the kingdom"

A Conference concerning the Stoppage of the Ports: and also relating to the Queen-Mother.] A conference was held this day between the two houses, and Mr. Pym reported part of it to the commons, viz. "The earl of Dorset told them, That the lords had received many petitions from merchants, ready to send their ships to sea, which they cannot do by reason of the Ports being stopped, whereby they lose their voyage, with other cross accidents on that occasion. The lords conceived that the reason for stopping the ports was to prevent some particular men, shewing a guilt by their flights, from going over, and not of merchants in general: however, that the lords would not open them till they had acquainted this house with it."-The second part of the conference was reported by Mr. Treasurer Vane, to this effect: "That the earl of Holland said, the lords had been informed what fears the Queen's Mother was in, by reason of the disorders of the people, and desired a guard. That he, being lord lieutenant of Middlesex, had appointed a guard of 100 musqueteers for that purpose: that he found great unwillingness in some of them to go; they said they thought it fitter to do other things than guard strangers: that since the mob talked of coming the next day into St. James's fields; and if any thing should happen to the Queen-Mother of France, it would be a great dishonour to this nation, she being here for protection from the king and queen: that she is to be considered as a lady, who is mother to the greatest princess in Christendom: besides, she had lived here with such modesty and moderation, as every body near her did wonder at; that there had not a person, belonging to her family, been complained of or punished: that she had often desired his maj. would so govern as to gain the affections of his people, particularly by parliament." Another circumstance the earl delivered, "That the disorders of the multitude were much in

within two years, except by consent of both houses; that time being sufficient to provide. against any accidents that were then appre hended."-Clarendon, Vol. I. p. 205.

creased: that the city marshal had informed | And we become further suitors for the contithem, that last night there marched towards the Tower, a thousand sailors and others, with a flag of a ship before them, who pulled down two houses: that the Trained Bands opposed, fired, and killed two of them: therefore they | desired our advice how to prevent these tumults."

It was afterwards ordered, by consent of both houses, "That the Ports should be forth- | with opened, and that two Proclamations should be put forth: the one to declare, That the king had taken the Queen-Mother into his royal protection; that the Trained Bands should be appointed for her guard; and that a list may be taken of her servants: the other to prohibit all Tumults and Drawing together of People, under severe penalties."

A Committee appointed to open all Foreign Letters.] At the request of the commons, the lords ordered, "That the Postmaster for foreign Letters should bring, or cause to be brought, to a committee appointed for that purpose, all such letters, imported or to be exported, which come to his hands and the committee were ordered to open the said letters, peruse them, and report them to the house."

Petitions from the Universities in favour of Deans and Chapters.] May 12. The commons took into consideration the Affair of Deans and Chapters, &c. when two Petitions from the Universities of Oxford and Cambridge were read, and are as follows:*

nuance of those pious foundations of Cathedral Churches, with their lands and revenues; as dedicated to the service and honour of God, soon after the plantation of Christianity in the English nation: as thought fit and useful to be preserved for that end, when the nurseries of superstition were demolished; and so continued in the last and best times, since the blessed Reformation, under Edw. 6. Elizabeth, and James I. princes renowned through the world for their piety and wisdom: as approved and confirmed by the laws of this land, antient and modern; as the principal outward motive and encouragement of all students, especially in divinity, and the fittest reward of some deep and eminent scholars; as producing or nourishing, in all ages, many godly and learned men, who have most strongly asserted the truth of that religion we profess, against the many fierce oppositions of our adversaries of Rome; as affording a competent portion, in an ingenious way, to many younger brothers of good parentage, who devote themselves to the ministry of the gospel; as the only means. of subsistence to a multitude of officers and other ministers, who, with their families, depend upon them, and are wholly maintained by them; as the main authors or upholders of divers schools, hospitals, high-ways, bridges, and other public and pious works; as special. causes of much profit and advantage to those cities where they are situate, not only by relieving their poor, and keeping convenient sort of strangers from other parts, to the great hospitality, but by occasioning a frequent rebenefit of all tradesmen and inhabitants in those places; as the goodly monuments of our "Sheweth, That whereas the University predecessors piety, and present honour of this hath been informed of several Petitions con- kingdom in the eye of foreign nations; as the cerning the present Government of this Church chief support of many thousand families of the and Maintenance of the Clergy, which of late laity, who enjoy fair estates from them in a have been exhibited to this Honourable As- free way; as yielding a constant and ample sembly; we could not but think ourselves revenue to the crown; and as by which many bound in duty to God and this whole nation, of the learned professors of our university are charity to ourselves and successors, who have, maintained. The subversion or alienation and are like to have more than ordinary in whereof must, as we conceive, not only be atterest in any resolution that shall be taken tended with such consequences as will redound concerning Church Affairs; in all humility to to the scandal of many well-affected to our desire the continuance of that form of govern- religion, but open the mouths of our adversament which is now established here, and hath ries and of posterity against us; and is likely, been preserved in some of the Eastern and in time, to draw after it harder conditions Western Churches, in a continued succession upon a considerable part of the laity; an uniof bishops, down from the very Apostles to versal cheapness and coutempt upon the clergy; this present time; the like whereof cannot be a lamentable drooping and defection of inaffirmed of any other form of government industry and knowledge in the universities; any church: upon which consideration, and such other motives as have already been represented to this honourable parliament from other persons and places, with whom we concur, in behalf of episcopacy, we carnestly desire that you would protect that antient and apostolical order from ruin or diminution.

"To the High and Honourable Court of Parliament: The humble PETITION of the University of Oxford,

From the Collection of Petitions, published by the King's command. London; printed for William Sheares, 1642.

which is easy to foresee, but will be hard to remedy.-May it therefore please this hon, assembly, upon these and such other considerations as your great wisdoms shall suggest, to take such pious care for the continuance of these Religious Houses, and their Revenues, according to the best intentions of their founders, as may be most to the furtherance of God's glory and service, the honour of this church and nation, the advancement of reli gion and learning, and the encouragement of

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