by the house of commons, on the question, 1. That the Kingdom be forthwith put into a Posture of Defence, by authority of parliament, in such a way as is already agreed on by both houses. 2. That a committee be appointed to prepare a Declaration upon these two heads: 1st, To lay down the just causes of the fears and jealousies given to this house, and to clear this house from any jealousies conceived against it. 2nd, To consider ot all matters that may arise on this Message, and to declare their opinions what is fit to be done upon it." The lords taking these Resolutions into consideration, after a serious debate, agreed to the first; whereupon the following lords entered their Dissent against it: viz. the earls of Lindsey, Bath, Southampton, Northampton, Monmouth, Cleveland, Portland, and lords Mowbray, Willoughby de Eresby, Grey, Dunsmore, Seymour and Capel.-The second Resolution was wholly agreed to; after which both houses adjourned to the 4th, to give time for their joint committee to meet at MerchantTaylors Hall, and prepare matters accordingly. March 4. A bill had been sent up by the commons intitled, An Act for the clearing and viudicating 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. Protestation before them.-And now, Mr. Speaker, to address myself to the business; whereof I shall not speak as a lawyer, for I have no head for law; neither shall I need to touch upon any point thereof, as a flourishing orator desirous to hear himself speak: I have long since laid aside my books of rhetorick; my desire is, Mr. Speaker, to tread in the steps of an old divine, of whom Sozomen writes in his Ecclesiastical History: who, groaning under the like heavy burden and accusation as i do, chose rather to vent his own sense, and express the truth of his cause in plain language, than to colour or cloak falsehood; or to extenuate his offence, by forced, trapped, and new varnished eloquence: And to that purpose my conceptions and narration shall stand only upon two feet, Negation and Affirmation.-There are some things that I must deny, and yet justly; somewhat I must affirm, and that ! shall do ingenuously and fully-First, for the Negative: I never framed, made nor contrived. compiled or preferred, any such Petition of Protestation; I never was at any meeting consultation or conference, about any s business; nay, I never heard of any intentica much less execution of any such thing, uni it was the Wednesday in Christmas, being th 29th of Dec.; at which time it was brough unto my house in Covent Garden, being he twixt 6 and 7 at night, (subscribed by some my brethren) with a request, that I would s scribe suddenly also.-Now, for the Affis tive: presuming that so learned, grave, wise men, well versed in matters of that nat would not have attempted any such th ́. without good counsel, to the endangering themselves and their brethren, and to the taste of the lords; and that all the rest of bishops, in and about the city of London #73 Westminster, should subscribe thereunto; 24 that it should not be preferred, without t approbation and mature deliberation of g "Mr. Speaker; As it hath been ever my counsel, and of us all, I made one; and ser fashion, and in truth it is my disposition, to hand thereto, which I do now acknowledge. endeavour, at the least, to give satisfaction to and never yet denied; nay, the first time th every inan, even to the meanest, that hath bad I came to the bar in the lords house, I ackno any sinister conceptions of me, be it scandalum ledged that my hand was to it; and divers datum, or acceptum; so hath it been my am- this hon. presence heard it so read unto them bition, and I have sought it with affection, as out of the Journal of the lords house.-Nov to all men, so much more to this hon, assem- Mr. Speaker, if these my deceived and decer bly, especially concerning the late Petitioning thoughts (to use St. Bernard's phrase) ha and Protestation exhibited unto his sacred majesty, and the lords and peers in parliament. But, in the first place, Mr. Speaker, I am, as it becomes me, to give most hearty and condign thanks to the noble knights, citizens, and burgesses, of this hon. house of commons; for that they have been pleased, by a general vote, and I hope unanimous, to give me leave to speak for myself; and to lay open the truth of my cause, concerning the said Petition and The Bishop of Litchfield and Coventry's Defence, at the Bar of the Commons.] The bill against the 12 Bishops being now depending in the house of commons, an order was made, That they should be heard by themselves, or by petition, at the bar of that house, this day. The bishops of Durham, and Litchfield and Coven try appeared there, and spoke in their own defence. The speech of the latter was published at that time, and is still preserved in our Collections; which we give here as follows: t led me into an error, the error is either 'e ignorantia juris,' an unskilfulness in the law, or debilitate judicii,' a weakness of my prehension; else ex nimia credulitate,' or of my too much confidence in others; not of any prepensed malice, or out of a spirit of c tradiction, as the Lord knoweth. The schoo men tell me, that duo sunt in omni peccato there is actio et malitia actionis; I ow the action, the subscription is mine; but that there was any malice in the action (to cros any vote, at which I was not present) I utterly disavow. And therefore, Mr. Speaker, shall become an hunible suitor, that I may commend three most humble requests, or mo tions, to this hon. house. This first motion is, | I have done, Mr. Speaker; and there remains nothing now but that I become a petitioner unto Almighty God, that he will be pleased to bestow upon you all the patriarch's blessing, even the dew of Heaven, and the fatness of the earth: and I end with that of St. Jude, Mercy, peace, and love be multiplied unto you;' I say again, with a religious and affectionate heart, Mercy, peace, and love be multiplied unto you." The Ordinance for settling the Militia passed by Parliament, without the King.] March 5. The Ordinauce concerning the Militia was again read by the lords, and the king's name and authority wholly left out of it. Hereupon one of the lords starting a doubt, That it was a scruple to his conscience whether this Ordi nance doth not intrench upon the oath of allegiance? That oath was read, and it was resolved, nem. con. "That the passing of this Ordinance, now read, is not any way against the oath of allegiance." Then it was resolved, "That this Ordinance of the lords and commons in parliament, for the safety of the kingdom of England and dominion of Wales, shall pass." The last mentioned peers, with the earl of Devon, the lords Rich. Howard de Charlton, and Savile, dissenting. To strengthen this Ordinance, some Resolutions of the commons were read and agreed to by the lords, viz. That the several commissions, granted under the great seal, for lieutenancies of counties, were illegal and void: that such commissions should be all called in and cancelled: that whosoever shall execute any such power again, without the consent of parliament, shall be accounted a disturber of the peace of the kingdom. The earl of Southampton, with the lords Mowbray, Howard, and Seymour dissenting. The house of commons sent up the form of a Declaration to be presented to the king, to which they desired their lordships concurrence. The same being read, the debate of it was put off till the 7th, aud, in the mean time, a conference was desired with the commons, to know of them what proofs can be offered to satisfy such lords who doubt the truth of some particulars in the said Declaration. The Declaration of both Houses, setting forth the Causes of their Fears and Jealousies.] March 7. This day the aforesaid conference was held; and, after it, the Declaration was again read in the house of lords, as follows: May it please your Majesty; Although the expressions in your majesty's Message, of the * The Ordinance at large, as passed by both houses, we purposely omit, it being the same as the draught before given at p. 1081, excepting the omission of the king's name and authority throughout, and the filling up the Blanks of the Lieutenancies with the Names of the same persons whom the commons had recommended to the king; a List of whom are to be found at p. 1082. 6 2ud of this instant March, do give just cause of and to maintain the same against all others; sorrow to your faithful subjects, the lords and as also to maintain episcopal jurisdiction, and commons in parliament; yet it is not without the lawfulness thereof: these two being the some mixture of confidence and hope, con- quarrels, upon which his majesty's late army in sidering they proceeded from the mis-apprchen- the North should have been incensed agarast sion of our actions and intentions; which, us.-The great cause we have to fear that the having no ground of truth or reality, may, by late design, stiled The Queen's pious Interyour majesty's justice and wisdom, be re- tion,' was for the alteration of religion in this moved, when your maj. shall be fully informed kingdom; for success whereof the Pope's nonthat those Fears and Jealousies of ours, which cio, the count Rosetti, injoined fasting and your maj. thinks to be causeless, and without praying to be observed every week by the Engany just ground, do necessarily and clearly arise lish Papists; which appeared to us by one of from those dangers and distempers, into which the original letters, directed, by him, to a priest the mischievous and evil counsels about you in Lancashire. The boldness of the Irish rebels, have brought this kingdom; and that those in affirming they do nothing but by authority from other Fears and Jealousies, by which your fa- the king; that they call themselves the Queen's vour, your royal presence and confidence, have Army; that the prey or booty which they been withdrawn from your parliament, have no take from the English, they mark with the foundation or subsistence in any action, inten- queen's mark; that their purpose was to come tion, or miscarriage of ours; but are merely to England, after they had done in Ireland, grounded upon the falsehood and malice of and sundry other things of this kind, proved y those, who, for the supporting and fomenting O'Connelly, and divers others, especially in the their own wicked designs against the religion and fore-mentioned Letter from T. Whitecombe, peace of the kingdom, do seek to deprive your the mayor of Kinsale, to his brother Be maj. of the strength and affection of your peo- Whitecombe, wherein there is this passage, ple, and them of your grace and protection; That many other strange speeches they utte thereby to subject both your royal person and about religion, and our court of Englane, the whole kingdom to ruin and destruction.- which he dares not commit to paper. Tie To satisfy your majesty's judgment and con- manifold attempts to provoke your majestv science in both these points, we desire to make late army, and the army of the Scots, sra a clear and free Declaration of the Causes to raise a faction in the city of London and of our Fears and Jealousies, which we offer other parts of this kingdom; that those, phe to your majesty, in these particulars: 1. That have been actors in those businesses, have had the design of altering Religion in this, and in their dependance, their countenance, and encou your other kingdoms, bath been potently ragement from the court: witness the treas carried on by those in greatest authority about whereof Mr. Jermin, and others, stand accused you for divers years together; the queen's who were transported beyond sea, by wa agent at Rome, and the Pope's agent or nun- rant under your majesty's hand, after y cio here, are not only evidences of this design, maj. had given assurance to your parlianes, but have been great actors in it. 2. That the that you maj. had laid a strict command War with Scotland was procured to make way all your servants, that none of them slus for this intent, and chiefly invited and fomented depart from court; and that dangerous Pet by the Papists, and others popishly affected; tion, delivered to captain Legge by your ne whereof we have many evidences, especially jesty's own hand, accompanied with a dec their free and general contribution to it. 3. tion, signed with C. R.* The false and scar That the Rebellion in Ireland was framed and dalous Accusation against the lord Kimbolton, contrived here in England, and that the English and the five Members of the house of co Papists should have risen about the same mons, tendered to the parliament by your ne time, we have several testimonies and adver-jesty's own command; endeavoured to t tisements from Ireland; and that it is a common speech amongst the rebels, (wherewith concur other evidences and observations of the suspicious meetings and consultations; the tumultuary and seditious carriage of those of that religion in divers parts of this kingdom, about the time of the breaking out of the Irish rebellion; the deposition of O'Connelly; the information of Mr. Cole, minister; the letter of Tristram Whitecombe; the deposition of Tho. Grant, and many others which we may produce, do all agree in this) and the public Declaration of the lords, gentlemen, and others of the Pale, that they would join with the rebels, whom they call the Irish army, or any other, to recover unto his majesty his royal prerogative, wrested from him by the Puritan faction in the houses of parliament in England; justified in the city, by your own presence and persuasion; and to be put in execution opt their persons, by your majesty's demand them in the house of commons, in so territ and violent a manner, as far exceeded former breaches of privileges of parliamen", acted by your maj. or any of your predecessor and whatsoever your own intentions were, d vers bloody and desperate persons, whisha tended your majesty, discovered their af tions and resolutions to have massacred a destroyed the members of that house; if absence of those persons accused had not, b God's providence, stopped the giving of that * Lord Clarendon gives a very particular account of this affair of captain Legge, Vol p. 192. fol, edit. word which they expected, for the setting them upon that barbarous and bloody act: the listing of so many officers, soldiers, and others; putting them into pay, and under command of colonels; feasting and caressing them in an unusual manner, at Whitehall; thereby maintaining them in the violent assaults, and other injuries, which they offered to divers of your subjects, coming that way in a lawful and peaceable manner; the carrying them out of town: after which they were told by lord Digby, That the king removed on purpose, that they might not be trampled in the dirt;' and keeping them so long in pay; endeavouring to engage the gentlemen of the Inns of Court in the same course; the plotting and designing of a perpetual Guard about your majesty; the labouring to infuse into your majesty's subects an evil opinion of the parliament, through the whole kingdom; and other symptoms of a fisposition of raising arms, and dividing your eople by a civil war; in which combustion reland must needs be lost, and this kingdom miserably wasted and consumed, if not whoby uined and destroyed. That after a vote had assed in the house of commons, (declaring, hat the lord Digby had appeared in a warike manner, at Kingston-upon-Thames, to the error and fright of your majesty's good subects, and disturbance of the public peace of he kingdom; and that therefore the lords hould be moved to require his attendance;) e should, nevertheless, be of that credit with our majesty, as to be sent away, by your own warrant, to sir John Pennington, to land bim eyond the sea; from whence he vented his wn traiterous conceptions, That your majesty hould declare yourself, and retire to a place of trength in this kingdom, as if your majesty ould not be safe among your people; and, vithal, took that transcendent boldness to rite to the queen, offering to entertain corespondence with her majesty by cyphers, in-council, being the body whereof your maj. is mating some service which he might do in hose parts, for which he desired your inasty's instructions; whereby, in all probabity, he intended the procuring of some foreign orce, to strengthen your maj, in that condition ato which he would have brought you; which alse and malicious counsel and advice, we have reat cause to doubt, made too deep an imression in your majesty; considering the ourse you are pleased to take, of absenting ourself from your parliament, and carrying he Prince with you; which seems to express a arpose in your majesty, to keep yourself in a eadiness for the acting of it.The manifold dvertisements which we have had from Rome, Jenice, Paris, and other parts, that they still xpect that your maj. has some great design in and, for the altering of religion, and breaking he neck of your parliament; that you will et find means to compass that design; that he Pope's nuncio hath solicited the kings of France and Spain to lend your maj. 4000 men -piece to help to maintain your royalty against be parliament and this foreign force, as it is the most pernicious and malignant design of all the rest, so we hope it is, and shall always be, farthest from your majesty's thoughts; because no man can believe you will give up your people and kingdom to be spoiled by strangers, if you did not likewise intend to change both your own profession in religion, and the public profession of the kingdom; that so you might still be more assured of those foreign states of the Popish religion, for your future support and defence. *--1hese are some of the Grounds of our Fears and Jealousies, which made us, so earnestly, to implore your royal authority and protection for our defence and security, in all the ways of humility and submission; which being denied by your majesty, seduced by evil counsel, we do, with sorrow for the great and unavoidable misery and danger which thereby is like to fall upon your own person and your kingdoms, apply ourselves to the use of that power, for the security and defence of both, which, by the fundamental laws and constitu tions of this kingdom, resides in us; yet still resolving to keep ourselves within the bounds of faithfulness and allegiance to your sacred person and your crown.-As to the second sort of Jealou-ies and Fears of us, expressed by your majesty, we shall give a shorter, but as true and as faithful an Answer. Whereas your majesty is pleased to say, That, for your residence near the parliament, you wish it might be so safe and honourable, that you had no cause to absent yourself from Whitehall.' This we take as the greatest breach of privilege of parliament that can be offered; as the heaviest misery to yourself, and imputation upon us, that can be imagined, and the most mischievous effects of evil counsels; it roots up the strongest foundation of the safety and honour which your crown affords; it seems, as much as may be, to cast upon the parliament such a charge as is inconsistent with the nature of that great the head; it strikes at the very being both of king and parliament; depriving your majesty, in your own apprehension of their fidelity, and them of your protection, which are the mutual bands and supports of government and subjection.-We have, according to your maj.'s desire, laid our hands upon our hearts; we have asked ourselves in the strictest examination of our consciences; we have searched our affections, and our thoughts; considered our actions; and we find none that can give your maj, any just occasion to absent yourself from Whiteball and the parliament; but that you may, with more honour and safety, continue When this clause was read in the house of commons, sir Ralph Hopton told them, 'That they therein accused the king for being an apostate to his religion, not only in his own person, but of endeavouring to bring in his people to the same apostacy and idolatry;' for which the commons sent him to the Tower. But he was discharged a few days after.-Commons Journals there than in any other place. Your maj. | lays a general tax upon us; yet if your maj. will be graciously pleased to let us know the particulars, we shall give a clear and satisfactory Answer: but what hope can we have of ever giving your maj. satisfaction, when those particulars which you have been made believe were true; yet, being produced and made known to us, appeared to be false; and your majesty, notwithstanding, will neither punish nor produce the authors, but go on to contract new Jealousies and Fears, upon general and uncertain grounds, affording us no means or possibility of particular answer to the clearing of ourselves; for proof whereof, we beseech your majesty to consider these instances: The Speeches alledged to be spoken in a meeting of divers members of both houses at Kensington, concerning a purpose of restraining the Queen and Prince; which after it was denied and disavowed, yet your maj. refused to name the authors, though humbly desired by both houses: The report of Articles framed against the queen's majesty, given out by some of near relation to the court; but when it was publickly and constantly disclaimed, the credit . seemed to be withdrawn from it; but the authors being kept safe, will always be ready for exploits of the same kind; wherewith your maj. and the queen will be often troubled, if this course be taken to cherish and secure them in such wicked and malicious slanders: The heavy charge and accusation of the lord Kimbolton and the five members of the house of commons, who refused no trial or examination which might stand with the privilege of parliament; yet no authors, no witnesses produced, against whom they may have reparation for the great injury and infamy cast upon them; notwithstanding three several petitions of both houses, and the authority of two acts of parliament vouched in the last of those petitions. We beseech your maj. to consider in | what state you are, how easy and fair a way you have to happiness, honour, greatness, plenty, and security; if you will join with the parliament and your faithful subjects, in defence of the religion and public good of the kingdom: this is all we expect from you, and for this we shall return to you our lives, fortunes, and uttermost endeavours to support your maj. in your just sovereignty and power over us: but it is not words that can secure us in these our humble desires; we cannot but too well, and sorrowfirlly, remember what gracious Messages we had from you this summer, when, with your privity, the bringing up the army was in agitation; we cannot but, with " the like affections, recall to our minds, how, not two days before you gave directions for the -above-mentioned accusation, and your own coming to the commons house, that house received from your maj. a gracious Message, That you would always have the same care of their privileges, as of your own prerogative; of the safety of their persons, as of your own children: That which we expect, and which will give us assurance that you have no thought but of peace and justice to your people, must be some real effect of your goodness to them, in granting those things which the present ne cessity of the kingdom doth inforce us to desire: and, in the first place, that your maj, will be graciously pleased to put from you those wicked and mischievous counsellors, which have caused all these dangers and distractions; and to continue your own residence, and the Prince's near London, and the parliament: This, we hope, will be a happy beginning of contentment and confidence betwixt your maj and your people, and be followed with many succeeding blessings of honour and greatness t your majesty, and of security and prosperity to them." This being read, a debate ensued, and the question being put, it was resolved, "That the house agrees with the house of commons this Declaration, and that it be presented to the king." A committee of both houses being pointed accordingly, the following peers e tered their names as dissenting to this voce earl of Lindsey, lord great Chamberlain; the earls of Southampton, Northampton, Deve and Cleveland; lords Mowbray, Willough de Eresby, Grey, Rich, Howard de Charlie Savile, Dunsmore, Seymour, and Capell. Additional Reasons in Support of the foreg ing Declaration.] March 7. p. m. The bo received a message from the commons, desir their lordships to sit a while, having some bes ness to communicate to them of high impact ance. Soon after came Mr. Pym, and pr sented to the house some Reasons, which I said, the commons think fit to be delivered the king; either in writing, or by word of mou along with the Declaration. The Reasons w read in these words: "The lords and commons have commande us to present unto your majesty this furthe Addition to their former Declaration. T your majesty's return, and continuance nem the parliament, is a matter, in their apprehen sion, of so great necessity and importance t wards the preservation of your royal persona your kingdoms, that they cannot think the have discharged their duties in the single e pression of their desire, unless they add s further Reasons to back it with. 1. Yo majesty's absence will cause men to belie that it is out of design to discourage the under takers, and hinder the other provisions f raising money for defence of Ireland. 4.1 will very much hearten the rebels there, disaffected persons in this kingdom, as bei an evidence and effect of the jealousy division betwixt your maj. and your people. That it will much weaken and withdraw the affection of the subject from your majest without which a prince is deprived of his chie est strength and lustre, and left naked to the greatest dangers and miseries that can be ingined. 4. That it will invite and encourage the enemies of our religion, and the states foreign parts, to the attempting and acting |