the giving of the benefices of England to strangers and others, who never were resident upon their benefices."

This Report being made, the lords took the same into consideration; and, for the better debate thereof, the house was adjourned into a committee during pleasure. And the question being put, Whether those 13 Bishops, that are impeached of crimes from the house of commons, should be suspended from their votes in that house, whilst they stand recti in curia? a long debate ensued; which ended with an or der, "That the further consideration of this matter, and the Exclusion-Bill, should be referred to the 10th of Nov."

Oct. 28. A select committee of the commons was chosen to prepare, out of the whole debate which happened this day, a Petition to be presented to his majesty, To prevent the mischiefs that may happen to the commonwealth, by the choice and employment of evil counsellors, ambassadors, judges, officers, and other ministers of state.

in the temporal peers, no ecclesiastical canons could take it from them. Besides, in point of right, it hath been resolved by all the judges of England, 7 Hen. 8. in Keilway's Reports, That the king may hold his parliament by the lords temporal and commons, without calling of the bishops; and that, upon several occasions, especially concerning the Pope or themselves, the Bishops have been excluded, and their votes not admitted herein.' He said, he was commanded to offer some precedents to your lordships upon the sudden. In the parliament of 25 Edw. I. the Bishops refused to join with the lords and commons in granting of Subsidies for the good of the kingdom. This was holden at Bury; and, excluso Clero, many acts were then made, never since questioned. In 85 Edw. I. at the parliament at Carlisle, divers petitions were there exhibited by the commons concerning the prelates and lord abbots, for oppressing the poor clergy; and several acts were made for their relief: But by whom? by the king, earls, barons and other nobles, and the commons only. Now, in respect the Mr. Smith's Speech concerning the Distracseveral ranks of the nobility are named, it is tions of the Times.] We meet with the folevident the bishops did not consent; because lowing speech in the house of commons, made that, in all other acts where they do consent, by one Mr. Smith, dated as this day, occasionthey are particularly named. And if it be ob-ed by the distracted State of these Times:* jected, That they might be there and might give a negative, and therefore were not named among them that did consent;' it appears, that habito Tractatu cum Comitibus, Baronibus, & cæteris Communitatibus, the king did enact those things, and never called the Bishops to the debate: This appears in the ParliamentRoll.-In 20 Edw. 3. the commons petition that no allowance be made to the cardinals that had been in France for treating of peace: In the roll it is thus entered, Assented unto as reasonable by the dukes, earls, barons, and other the lay gentz,' without ever naming the bishops. Now these words 'other lay gentz,' shew that the bishops were none of the number that voted in that law. And it is to be noted, That in acts, where the particular ranks are set down, none of the temporal ranks have ever been omitted; and if the spiritualty had voted, they should have been named, though in vote they had dissented. Eodem Anno, there being two other several acts made upon petitions of the commons, the one against Provisions as to some cardinals, and the other to restrain the carrying of money to Rome; the answer is made as before, by the dukes, carls, barons, and commonalty, never mentioning the lords spiritual. In 3 Rd. 2. cap. 3. and 7 Rd. 2. cap. 12. there are, in print, acts made by the king and lords temporal only, without the lords spiritual. The statute of 7 Rd. 2. recites the former statute of 3 Rd. 2. which said, 'Our lord the king by the advice and common assent of all the lords temporal, and commons being in this parliament assembled, hath ordained', ut sequitur in the act. And these acts made by the king, the lords temporal and commons only, were upon the clamorous complaints of the commons, about

Mr. Speaker, The last time we assembled we sat like a college of physicians, upon the life and death of three great patients, whose bleeding hearts lay prostrate before us, and were arrived at that critical minute, either to receive relief or eternal destruction. The three unfortunate nations were presented to us in all their distractions; and grown to such a superlative height in their miseries, that, like nursing-mothers bereaved of their tender infants, they were careless of what might happen to then, Quia perdiderant libertates. These three kingdoms, whose peace and amity filled the remaining World with envy and emulation; and were like that happy trinity of faith, hope, and charity, in a perfect union; had but now their swords edged to each other's confusion. O, Scelus hominum; Height of impiety? Kal

Tivov! said Cæsar in the senate: It was not his death that grieved him, but that his son should advance his hand to his slaughter. How many sons and Nero's had we, whose earnest endeavours were to rip up their mother's womb, and, like vipers, eat through her bowels, and to lay desolate their father's house!

"Quis talia fando,

Temperet à lachrymis?'-And yet all this had been but a prologue to our Tragedy, had not God Almighty been pleased to interpose his hand; to have been a pillar of fire betwixt us and our captivity, and to have wrought our deliverance by his great instrument the parliament; whose constant labour it hath been, for this year past, to create

* It is intitled, 'An honourable Speech in Parliament, Oct. 28, 1641, by Master Smith of the Middle Temple. Printed for William Lowndes.'

n 'true understanding and firm peace between demonstrations of this in that renowned queens the nations; which I hope is so accomplished, reign. But what encouragement can they Law that it is not in the power of the devil, or all either to inercase their numbers or estates, his works, ever to dissolve it. This, I say, was less they may have protection both for them the work of our last sitting. Give me leave selves and estates? Therefore the privilege a. now, sir, I beseech you, to deliver what I con- greatness of the subject are, relatively, for thei ceive convenient to be of this; 1. To give God honour of the prince.-Prerogative and literr his due. 2. To establish the Rights between are both necessary to this kingdom; and, king and people. And, 3. To compose things the sun and moon, give a lustre to this beugt amongst ourselves.-That first, we may give ed nation, so long as they walk at their e God his due, we must advance his worship, distances: but when one of them shall vento and compel obedience to his commands, where- into the other's orb, like those planets in co in he hath been so much neglected. Honour junction, they then cause a deeper ecipe and riches have been set up for gods, in com- what shall be the compass then by which ther petition with him: Idolatry and superstition two must steer? Why, nothing but the same have been introduced, even into his house; which they subsist, the law; which, if it g the church and he expulsed: his name hath ran in the free current of its purity, without m been blasphemed, and his day prophaned, by ing poisoned by the venomous spirits of il-afés the authority of that unlawful Book of Sports; ed dispositions, would so fix the king to his cror › and those, who would not tremble thus to dis- that it would make him stand like a star honour God, would not scruple to do it to their the firmament, for the neighbour-world to 1parents, or injure their neighbours, either by hold and tremble at.-That they may be in murder of them, or by adultery, David's great better acted, I shall humbly desire, that, crimes. They have not only robbed God of so many times, that great Charter, the L his honour, but men of their estates, and part of the Law, may be reviewed; the Liberty of themselves; members and ears having been Subject explained, and be once more cours set to sale, even to the deforming that creature ed; Penalties imposed on the breasers; a whom God had honoured with his own Image. let him die with the bargain that dares atte That they might colour this their wickedness, the act.-The last thing that falls into cons perjury and false testimony have been more ation, is, "To set things right amongst ourse frequent with them than their prayers: and the subjects of England.' And, in this, s all this proceeded out of an inordinate desire provide, that the Mecænas's of the times of that which was their neighbour's; and thus not, like great jacks in a pool, devour their " God, in all his commandments, bath been feriors, and make poverty a pavement le abused. Can we then wonder at his judgments, themselves to trample on. This hath bers or think he could do less than he bath done to burthen we have long groaned under; for right himself upon such a rebellious people? great one did but say the word, it was suffe I beseech you, Sir, let us do something to seat to evict my right, even from my own lobe him in his throne, and worship him all with one ance. They had both law and justice so its mind; and not that every one shall go to God string, that they could command them »,a way by himself. This uncertainty staggers nod; and thus people have been disinherr the unresolved soul, and leads it into such a la- of their common right, the law, which is as byrinth, that, not knowing where to fix, for to them as the air they breathe in.—-On ↑ fear of erring, it adheres to no way; so it dies other side, we must take care, that the coere it performs that for which it was made to mon people may not carve themselves on! live. Uniformity in his worship is that which tice, by their multitudes. Of this we have pleaseth him; and, if we will thus serve him, frequent experience, by their breaking di we may expect protection from him,-The inclosures, and by raising other tumults to as -next thing that I conceive fit to be considered, purposes; which if they be not suddenly → is, To cause the rights both of the king and pressed, to how desperate an issue this r people truly to be understood.' And, in this, grow, I will leave to your better judgments. My to give that authority to the prerogative which humble motion, therefore, is, That an int ** legally it hath, and to uphold the subjects liber- tion may go forth into the country, to w ty from being minced into servitude. That those that are injured to resort to the cos the king should have a prerogative, is necessary of law; and, if there they fail of justice. * for his honour, it distinguishes him from his parliament they may be confident to re people; but, if it swells too high, and makes ceive it.' an inundation upon his subjects liberty, 'tis no Oct. 29. At this time there being a vaca longer then to be stiled by that name. The in the church, of 5 Bishops Sees; and the sal privilege of the subject' is likewise for his ma-purposing to fill them up at his return, a r jesty's honour. King David gloried in the tion was made in the commons, That a number of his people; and queen Elizabeth de-rence should be had with the lords, to des livered, in a speech in parliament. That the them to join with that house in a Petitio greatness of a prince consisteth in the riches of his majesty, to stay the making of these 5his subjects; intimating, That then they stood shops, until further consideration be had like lofty cedars about him, to defend him from both houses about it. A debate arising on a the storms of the world; and there were ample the house divided; when it was carried is a

conference, 71; against it, 53; and a commit- | earl marshal, the lord admiral, the lord cham tee was appointed accordingly.

berlain, the earls of Bath, Dorset, Leicester, Conference concerning the Safety of the Warwick, Holland, Berks, and Bristol, with the Prince, &c.] Oct. 30. The house of commons lords Say and Sele, Mandeville, Goring, and sent up a message to the lords to desire a pre- Wilmot, all lords of the privy council, came sent couference touching the Safety of the king- into the house of commons, and informed the dom, and the Security of the Prince's Person., members of certain Intelligences which were The lords agreed to this conference; and, be- lately come, of a great Treason and general iug returned from it, the lord keeper reported Rebellion of the Papists in Ireland, and a dethe substance of it to the lords, to this effect: sign of cutting off all the Protestants there, and "That the house of commons were full of seizing of all the forts in that kingdom. The tenderness for the king's honour, and duty to Letters and Examinations that expressed the the king's person and his posterity. It was nature of these Treasons, were all read pubsaid, that it was no news now-a-days, to hear licly in the house, in presence of the said of dangerous designs, therefore the house of lords, who had chairs set on purpose for them; commons have reason to look into every corner and after they had been there a little while, whence danger may come. And, upon infor- Mr. Speaker desired them to sit and be covered. mation, that house understands that the Prince, These Letters and Examinations are entered at of late, hath been much from his house, at length in the Lords Journals for this day: but Oatlands, out of the custody of his governor. as they are too long for our purpose, we shall They do not doubt of the motherly affection omit them; and only give the Resolutions of and care of the queen towards him; but there the commons on this important occasion :-On are dangerons persons at Oatlands, Priests and the lords withdrawing, the commons went imJesuits, as hath of late appeared by some ex-mediately into a committee to take this affair aminations taken; and that some of them were sent for by the house of commons. Upon hese reasons that house desires that a message may be sent to the marquis of Hertford, from both houses, that he would, forthwith, take the Prince into his custody and charge, and attend upon him in person; and to desire that the prince would make his ordinary abode and residence at his own house, at Richmond; and that his lordship would place such persons about him as he will be answerable for to both houses."

Hereupon the lords, taking this Report into consideration, resolved to send the marquis of Hertford and the earl of Holland, to acquaint the Queen with it, and present to her majesty the Reasons aforesaid for it. They then made the following order; which was agreed to by the commons, and sent to the marquis :

"The desire of both houses of parliament is, That the lord marquis of Hertford, governor to the prince, will take care that his ordinary residence and abode be at his own house; and that no such person, as may give cause of distrust of meddling with him, either in any point against his religion, or against the security of his person, be admitted about him; and, to purpose, that the said marquis do diligently attend him in person; and this care both houses expect that his lordship will take, as he will answer it to the king and kingdom."

this

The Queen returned for Answer, "That she gave the parliament thanks for their care of her son. The occasion why she sent for him, was to celebrate the birth-day of one of his sisters; but that he should be presently sent back to Richmond." And added, "That she made no doubt but, at the king's return, the parliament would express the same care of his majesty's honour and safety."

A Committee of Lords acquaint the Commons with the Rebellion in Ireland.] Nov. 1. This day the lord keeper, the lord privy seal, the

into consideration, and to provide for the safety
of both kingdoms; and, after some time spent
therein it was resolved, “That 50,000l. be
forthwith provided: that a conference be de-
sired with the lords, to move them, that a
select committe of both houses may be ap-
pointed to go to the city of London, and ac-
quaint them with the business in Ireland: and
that the lending of money at this time will be
an acceptable service to the cominon-wealth :
to propose unto them the loan of 50,000/. and
assure them that they shall be secured, both for
principal and interest, by act of parliament,
That another head of this conference shall be
to desire the lords, that a select committee of
both houses may be named, to consider of the
Affairs of Ireland, and of the raising and send-
ing of men and ammunition thither from hence:
a Declaration of both houses to be sent into
Ireland; and that this committee may have
power to open such packets as come from
thence, or go from, hence thither. That Owen
Conelly, who discovered the great Treason in
Ireland, shall have 500/, presently paid him,
and 2007. per annum, pension, until provision
may be made of Inheritance, of greater value;
and to be recornmended to the lord lieutenant
there for some preferiment. That the persons
of Papists of quality may be secured, in the se-
veral counties of this kingdom where they re-
side; and that such English Papists as have,
within one year last past, removed themselves
into Ireland, except such persons as have an
tient estates and habitations there, may, by
proclamation, be recalled, within one month
after the publication of it in that kingdom; or
else some course be taken, by act of parliament,
to sequester their estates."-There were some
other Resolutions made, relating to the disso
lution of the Capuchin House in the Strand: :
to desire that the Ambassadors may be scat :
to, to deliver up such Priests, as are the kings
subjects, in their houses: that a list may be

Ireland, cherished and fomented, as we have cause to fear, by the secret practices and en

brought in of the queen's Priests, and other her servants, with those of the Prince, and all such as are about the king's children. A Proclama-couragements of some foreign states, ill affected tion, commanding all strangers, that are not Protestants, to deliver in tickets of their names, within two days, or else to depart the kingdom. All Inn-keepers, and others that entertain lodgers, to give in tickets of the names of all such as lodge in their houses, to the lord mayor and aldermen of London, or to the next justices of peace in Middlesex, &c. All which Resolutions were agreed to by the lords at the conference.

A Member expelled for selling Protections.] Nov. 2. The commons expelled Mr. Henry Benson, member for Knaresbrough, for granting and selling Protections, and a writ was ordered to chuse a new member in his room. Proceedings relating to the Irish Rebellion.] Nov. 3. Several Orders were made, by both houses, relating to the Irish Rebellion, and a Letter ordered to be written to the king in Scotland, pressing his speedy return to this kingdom. The houses meet with some reluctancy, in the city of London, concerning the Loan of 50,000l. as demanded. The commons order 20,000l. to be forthwith had out of the ready money in the treasury; and vote that 6000 foot and 2000 horse, be speedily raised and transported into Ireland: that a convenient number of ships shall be provided to guard the Irish coasts; and that magazines of victuals, &c. shall be placed in the several ports of this kingdom, ready for transporting to Ireland; with other articles of the like nature: to all which the lords agreed.

Instructions from the Parliament to their Commissioners in Scotland.] Nov. 10. The commous went upon two great points, the framing of new Instructions to be sent to their Commissioners in Scotland, and preparing a Declaration, or Remonstrance, of the State of the kingdom. The latter of these was read the first time, in the commons, the day before; when several more Grievances were given in, and ordered to be added to it: and the Instructions were reported to the house of lords as follows:

I. You shall humbly inform his majesty, that the Propositions made to the parliament of Scotland, concerning their assistance for suppressing the Rebellion in Ireland, hath been fully considered and debated by both houses of parliament here; and their wise and brotherly expressions and proceedings are apprehended and entertained here by us, not only with approbation, but with thankfulness: wherefore we desire that his majesty will be pleased, that you, in the name of the lords and commons of England, give public thanks to the states of the parliament of Scotland, for their care and realiness to employ the forces of that kingdom 1 or the reducing the rebellious subjects of Ireand to their due obedience to his majesty and the crown of England. II. You shall further ake known to his majesty, that (in the great and almost universal revolt of the natives of

to this crown; and, that the Northern parts of that kingdom may with much more ease and speed be supplied from Scotland than from England) we humbly desire and beseech his majesty to make use of the assistance of his parliament and subjects of Scotland, for the present relief of those parts of Ireland which lie nearest to them; according to the Treaty agreed upon, and confirmed in both parlia ments, and their affectionate and friendly dis position now lately expressed, as is more par ticularly specified in the 5th Article. III. You shall present to his majesty the Copy inclosed of the Declaration, which we have sent into Ireland, for the encouragement of his good subjects there, and for the more speedy and effectual opposing of the rebels; and, execution and performance of our expressions, therein made, of zeal and faithfulness to s majesty's service, we have already taken care for 50,000l. to be presently borrowed a secured by parliament: we have likewise re solved to hasten the earl of Leicester, lord lice tenant of Ireland, very speedily to repair th ther; and forthwith to raise a convenient D her of horse and foot, for securing Dublin and the English pale, with such other parts as main in his majesty's subjection, intending second them with a far greater supply. I We have further ordered and directed, TEX his majesty's arms and munition lying in the city of Carlisle, shall be transported into the north parts of Ireland, for the supply of Ca rickfergus, and other his majesty's forts are garrisons there; and that a convenient number of men shall be sent from the north parts e Eugland, for the better guard and defence those forts and countries adjoining; and tes a large proportion of arms and other munita shall be speedily conveyed, out of his majesty stores, to West-Chester, to be disposed of a cording to the direction of the lord lieuten of Ireland, for arming the men to be sent fris England, and such other of his majesty's loya subjects as may be raised in Ireland. V. A because we understand that the rebels are like. with great strength, to attempt the ruin a destruction of the British plantation in Ulster we humbly advise his majesty, by the couns and authority of his parliament in Scotland, to provide, that one regunent, consisting 1000 men, furnished and accomplished wit all necessary arms and munition, as shall seen best to their great wisdoms and experience. may, with all possible speed, be transported into Ireland; under the command of some worthy person, well affected to the reformes religion, and the peace of both kingdoms, 15 well enabled with skill, judgment, and rep tation for such an employment; which forces we desire may be quartered in those Northera parts for the opposing of the rebels, and com and assistance of his majesty's good subject there; with instructions from his majesty a