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given on our part, in a very unusual manner,
adjourned until the Wednesday following.
On which day, by the uniform wisdom of our
privy council, we caused both houses to be
adjourned until the 2nd of March; hoping that
in the mean time, a better and more right un-
derstanding might be begotten between us and
members of that house; whereby the parlia
muent might come to an happy issue.-But
understanding, by good advertisement, that
their discontent did not in that time digest and
pass away; we resolved to make a second ad-
journment, until the 10th of March; which was
done, as well to take time to our self, to think
of some means to accomodate those difficulties,
as to give them time to advise better; and ac-
cordingly, we gave commandment for a second
adjournment in both houses, and for ces-
sation of all business till the day appointed;
which was very dutifully obeyed in the higher
house, no man contradicting or questioning it.
But when the same commandment was de-

members of that bouse, speaking of our counsel in severing the interest of our farmers from our lers, said, we had wicked counsel;' and own interest and commandment: but that, another said, 'That the council and Judges nevertheless we were bound, in honour, to acsought to trample under feet the Liberty of the knowledge a truth, that what was done by Subject; and a third traduced our court of them, was done by our express commandment Star-Chamber, for the sentence given against and direction; and if for doing thereof our Savage, they passed without check or censure farmers should suffer, it would highly concern by the house. By which may appear, how far us in honour. Which Message was no sooner the members of that house have of late swollen delivered unto them, but in a tumultuous and beyond the rules of moderation, and the discontented manner, they called, Adjourn', modesty of former times; and this under pre-Adjourn.' And thereupon, without any cause tence of privilege and freedom of speech, whereby they take liberty to declare against all authority of council and courts, at their pleasure. -They sent for our sheriff of London to examine him in a cause, whereof they had no jurisdiction; their true and autient jurisdiction extending only to their own members and to the conservation of their privileges; and not to the censure of foreign persons and causes, which have no relation to their privileges, the same being but a late innovation. And yet upon an enforced strain of a contempt, for not answering to their satisfaction, they commit him to the Tower of London; using that outward pretext for a cause of committing him, the true and inward cause being, for that he had shewed himself dutiful to us and our commandment, in the matter concerning our customs. In these innovations (which we will never permit again) they pretended indeed our service; but their drift was, to break by this means through all respects and ligaments of government; and to erect an universal over-livered in the house of commons by their swaying power to themselves, which belongs only to us, and not to them.-Lastly, in their proceeding against our Customers, they went about to ensure them as delinquents, and to punish them, for staying some goods of some factious merchants, in our store-house, for not paying those duties which themselves had formerly paid; and which the customers, without interruption, had received of all other merchants, many years before; and to which they were authorised, both by our great scal, and by several directions and commandments from us and our privy council.-To give some colour to their proceedings herein, they went about to create a new privilege, (which we will never admit) That a parliament-man hath privilege for his Goods against the king; the consequence whereof would be, That he may not be constrained to pay any duties to the king, during the time of privilege of parliament. It is true, they would have this case to have been between the merchants, and our farmers of our Custoins, and have severed them from our interest and commandment, thereby the rather to make them liable to the censure and punishment of that house. But on the other side, we holding it both unjust and dishonourable, to withdraw ourself from our officers, in any thing they did by our commandment; or to disavow any thing that we had enjoined to be done; upon Monday the 23d of Feb. we sent a Message unto them by secretary Cooke, thanking them for the respect they had showed

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Speaker, it was straitways contradicted; and although the Speaker declared unto them, It was an absolute right and power in us to adjourn, as well as to prorogue or dissolve; and declared and read unto them divers precedents of that house, to warrant the same; yet our commandment was most contemptuously disobeyed; and some rising up to speak, said, They had business to do before the house should be adjourned.'-Whilst the duke of Buckingham lived, he was charged with all the distempers and ill events of former parliaments; and therefore much endeavour was used to demolish him, as the only wall of separation between us and our people. But now he is dead, no alteration was found amongst those envenomed spirits, which troubled, then, the blessed harmony between us and our suljects, and continue still to trouble it. For, now, under the pretence of public care of the coinmon-wealth, they suggest new and causeless fears, which in their own hearts they know to be false; and devise new engines of mischief, so to cast a blindness upon the good affections of our people, that they may not see the truth and largeness of our hearts towards them. So that now it is manifest, the duke was not alone the mark these men shot at, but was only as a near minister of ours, taken up, on the by, and in their passage to their more secret designs; which were only to cast our affairs into a des perate condition, to abate the powers of our crown, and to bring our governyitat into oblos

so many succession of ages) we hold no good or dutiful subject will deny, it being so necessary for the good of the whole kingdom. And if any factious merchant will affront us in a thing so reasonable, and wherein we require no more, nor in no other manner, than so many of our predecessors have done, and have been dutifully obeyed: let them not deceive themselves, but be assured, that we shall find honourable and just means to support our estate, vindicate our sovereignty, and preserve the authority which God hath put into our hands. And now having laid down the truth and clearness of our proceedings, all wise and discreet men may easily judge of those rumours and jealous fears, that are maliciously and wickedly bruited abroad; and may discern, by examination of their own hearts, whether (in respect of the free passage of the Gospel, indifferent and equal administration of justice, freedom from oppression, and the great peace and quietness which every man enjoyeth under his own vine and fig-tree) the happiness of this nation can be paralleled, by any of our neighbour-countries; and if not, then to acknowledge their own blessedness, and for the same be thankful to God, the Author of all goodness.'

quy; that, in the end, all things may be overwhelmed with anarchy and confusion.-We do not impute these disasters to the whole house of commons, knowing that there were amongst them many religious, grave, and well-minded men; but the sincerer and better part of the house was over-borne by the practices and clamours of the other, who, careless of their duties, and taking advantage of the times and our necessities, have enforced us to break off this meeting; which, had it been answered with like duty on their parts, as it was invited and begun with love on ours, might have proved happy and glorious, both to us and this whole nation.-We have thus declared the manifold Causes we had, to dissolve this parliament, whereby all the world may see, how much they have forgotten their former engagements at the entry into the war, themselves being persuaders to it; promising to make us feared by our enemies, and esteemed by our friends: and how they turned the necessities grown by that war, to enforce us to yield to conditions incompatible with monarchy. And now that our people may discern, that these provocations of evil men (whose punishinents we reserve to a due time) have not changed our good intentions to our subjects, we do here profess to maintain the true Religion and doctrine, established in the church of England, without admitting or conniving at any backsliding, either to popery or schism. We do also declare, That we will maintain the autient and just rights and liberties of our subjects, with so much constancy and just.ce, that they shall have cause to acknowledge, that under our government and gracious protection, they live in a more happy and free state than any subjects in the christian world. Yet let no man hereby take the boldness to abuse that liberty, turning it to licentiousness; nor misinterpret the Petition, by perverting it to a lawless liberty, wantonly or frowardly, under that or any other colour, to resist lawful and necessary authority. For as we will main tain our subjects if their just liberties, so we do and will expect, that they yield as much submission and duty to our royal prerogatives, and as ready obedience to our authority and commandments, as bath been performed to the greatest of our predecessors. And for our ministers, we will not that they be terrified by those harsh proceedings, that have been strained against some of them. For, as we will not command any thing unjust or lisho nourable, but shall use our authority and prerogatives for the good of our people; so we will expect, that our ministers obey us, and they shall assure themselves we will protect them. As for our Merchants, we let them Sir John Elliot was next called in. He was know, we shall always endeavour to cherish questioned, Whether he had not spoken such and enlarge the trade of such as be dutiful, and such words, in the lower house of parlia without burthening them beyond what is fitment, and shewed unto the said house such ting: but the duty of five in the hundred, for guarding of the seas, and defence of the realm, to which we hold ourselves still obliged, (and which duty bingh continued without interruption

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Mr. Hollis, sir J. Elliot, and other Members, examined before the Privy Council and committed close Prisoners.] March 4. Two days after the date of the foregoing Proclamation, warrants were directed from the privy council to Denzil Hollis, esq; sir Miles Hobart, sir John Elliot, sir Peter Hayman, John Selden, W. Coriton, Walter Long, W. Stroud, and Benj. Valentine, esqrs. commanding their personal appearance the next day. Mr. Hollis, sir J. Elliot, sir M. Hobart, and sir P. Hay. man appearing,

Mr. Hollis was questioned, Wherefore he, contrary to his foriner use, did, that morning that the tumult was in the lower house of parliament, place himself above divers of the pri vy counsellors, by the chair.' He answered, That he at some other times, as well as then, seated himself in that place; and as for his sitting above the privy counsellors, he took it to be his due in any place wheresoever, unles at the council-board. And as for his part, he came into the house with as great zeal to do his majesty service as any one whatsoever. And yet nevertheless, finding his maj. was now offended with him, he humbly desired, that he might rather be the subject of his mercy than of his power. To which the lord treasurer answered, You mean rather of his majesty's mercy than of his justice.' Mr. Hollis replied, I say of his majesty's power, my lord.',

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and such a paper? He answered, That whatsoever was said or done by him in that place, and at that time, was performed by him as a public man and a member of that house;

and that he was, and always will be, ready to vate, and extendeth to them alone, yet it was give an account of his sayings and doings in no more than all other parliament-men, by that place, whensoever he should be called un- privilege of the house, ought to have, viz. to it by that house; where, as he taketh it, it is Freedom of Speech concerning those matters only to be questioned: and, in the mean time, debated in parliament, by a parliamentary being now but a private man, he would not course. The rest of the Questions Mr. Attortrouble lnmself to remember what he had ei-ney was wished to set down in writing against ther spoken or done, in that place as a public

man.'

Sir Miles Hobart, being questioned about his demeanor in the lower house the same day, and for shutting the door; He answered, 'That he desired to know by what warrant he was examined to give an account of his actions in parliament, when he was a member of that house.' And he said, He believed that this was a course without precedent, and no council nor commission could take notice of any thing done in parliament but a parliament itself. Nevertheless he would not stick to confess, that it was he that shut the door that day; and when he had locked the door, put the key in his pocket; [and he did it because the house demanded it.]'

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another day. Upon Monday following all the Judges met again, and then Mr. Attorney proposed these Questions. 1. Whether it any subject hath received probable information of any treason or treacherous attempt, or intention against the king or state, that subject ought not to make known to the king, or his maj.'s commissioners, when thereunto he shall be required, what information he hath received, and the grounds thereof; to the end the king, being truly informed, may prevent the danger? And if the said subject, in such case, shall refuse to be examined, or to answer the questions which shall be demanded of hiin for further inquiry and discovery of the truth, whether it be not a high contempt in him, punishable in the Starchamber, as an offence against the general Sir Peter Hayman was questioned, Where- justice and government of the kingdom. Sol. fore he reproved the Speaker so sharply, that The Resolution and Answer of all the Justices, day, in the lower house of parliament? He is, That it is an offence punishable as aforeanswered, Because he was the Speaker, and said, so that this do not concern himself, but so the servant of the house; and one that ought another, nor draw him to danger of treason or to have applied himself to the command of the contempt, by his auswer.-2. Whether it be house; and he did it with the more freedom a good Answer or Excuse, being thus interroand detestation, because he was his country- gated, and refusing to answer, to say, That man; but yet should also have done it to any he was a parliament-mau when he received other man, that, in the same kind, should have this information, and that he spake thereof in deserved it as he did. And being farther de- the parliament house; and therefore the parmanded, What he himself would have done, liament being now ended, he refused to anif he had been Speaker, and commanded by swer to any such questions but in the parlia-. the king to deliver such a Message from his ment house, and not in any other place?' Sol. maj. to the house? He answered, He would To this the Judges, by advice privately to Mr. have thrown himself at his majesty's feet, and Attorney, gave this Answer, That this excuse having given his maj. to understand that, in re-being in nature of a plea and an error in judg‐ spect he was the Speaker, he was the most im- ment, was not punishable, until he were overproper and unfit person of any to deliver such ruled in an orderly manner, to make another a Message; and would therefore have most Answer; and whether the party were brought humbly supplicated his maj. to have elected in ore tenus, or by information, for this plea some other to have performed that part.' he was not to be punished.'-3. Whether a Upon these Answers, the four last-named parliament man, committing an offence against gentlemen were committed close prisoners to the king or council, not in a parliament way, the Tower; the studies of Mr. Hollis, Mr. Sel-might, after the parliament ended, be punishden, and sir J. Elliot were sealed up; and Mr. Long and Mr. Stroud not appearing, a proclamation was issued out for apprehending them, and not long after they were taken and comitted to the King's-bench prison.

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ed or not? Sol. All the Judges, una voce, answered, He might, if he be not punished for it in parliament; for the parliament shall not give privilege to any contra norem parkamentarium, to exceed the bounds and limits Questions proposed to the Judges relating to of his place and duty.' And all agreed, That them.] The king being resolved to procced regularly, he cannot be compelled, out of paragainst these members in the Star-Chamber, liament, to answer things done in parliament, ordered all the Judges to be summoned; who in a parliamentary course; but it is otherwise being accordingly met at Serjeants Inn, on the where things are done exorbitantly, for those 25th of April, one Question was proposed by are not the acts of a court.-4. Whether it Mr. Attorney, and resolved, viz. That the one parliament-man alone shall resolve, or g statute of 4 Hen. &. intituled, 'An Act con- or 3 shall covertly conspire, to raise false slaucerning R. Strode,' was a particular act of par- ders and rumours against the lords of the coun liament, and extended only to R. Strode, and cil and judges; not with intent to question to those persons that had joined with him to them in a legal course, or in a parliamentary prefer a bill to the house of commons con. way, but to blast them, and to bring them to verning Tinners; and although the act be pri-hatred of the people, and the government le

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contempt; be punishable in the Star-chambering, and dissolving thereof within this realm at after the parliament is ended?-Sol. The Judges resolve, That the same is punishable out of parliament, as an offence exorbitant committed in parliament, beyond the office, and beside the duty of a parliament-man.'There was another Question put by Mr. Attorney, viz. 5. Whether if a man in parliament, by way of digression, and not upon any occasion arising concerning the same in parliament, shall say,The lords of the council and the judges had agreed to trample upon the liberty of the subject, and the privileges of parliament,' he were punishable or not?-The Judges desired to be spared to make any Answer thereunto, because it concerned themselves in particular.-The next day, Mr. Attorney put to the Judges another case. 6. It is demanded of a parliament-man, being called ore tenus, before the court of Star-chamber, and being charged, that he did not submit himself to examination for such things as did concern the king and the government of the state, and were affirmed to be done by a third person, and not by himself; if he confesses his hand to that refusal, and make his excuse, and plead only that he had privilege of parliament; Whether the court will not over-rule this plea as erroneous, and that he ought to make a further Answer? Sol. It is the justest way for the king and the party not to proceed ore teaus; because, it being a point in law, it is fit to hear counsel before it be over-ruled; and upon an ore tenus, by the rules of Star-chamber, counsel ought not to be admitted; and it would not be for the honour of the king, nor the safety of the subject, to proceed in that manner.'

your good pleasure, is the undoubted right of your maj.; and the liberty and freedom of speech, which the members of the said houses of parliament have, according to the privileges of those several houses, to debate, consult, and determine of those things which are propounded amongst them, is, and ever hath been, and ought to be, limited and regulated within the bounds of moderation and modesty, and of that duty which subjects owe to their sovereign: and whereas your maj. for many weigh ty causes, and for the general good and de fence of the church and state of this your kingdom, lately summoned a parliament to be holden at your city of Westminster, the 17th day of March, in the 3d year of your maj.'s reign, which continued from thence by proroga tion until the 20th of Jan. last; from which day, until the 25th of Feb. following, the said houses continued sitting. And although the greater part of the house of commons, being zealous of the common good, did endeavour to have effected those good things for which they were called thither; yet between the said 20th of Jan. and the said 25th of Feb. by the malevo lent disposition of some ill-affected members of the said house, sundry diversions and interrup tions were there made, and many jealousies there unjustly raised and nourished; to the disturbance of those orderly and parliamentary proceedings, which ought to have been in so grave a council. During which time of the said last meeting in parliament, as aforesaid, so it is, may it please your maj. that sir John Elliot, knight, then and all the time of the said parliament, being one of the members of the said commons house, wickedly and maliciously intending, under a feigned colour and pretence of debating the necessary affairs of the present estate, to lay a scandal and unjust asper sion upon the right hon. the lords, and others of your maj.'s most hon. privy-council, and upon the rev. judges, and your counsel learned; and as much as in him lay, to bring them into the hatred and ill opinion of the people; after the said 20th day of Jan. and before the said 25th of Feb. last, did openly and publickly in the said house of commons, falsely and malic ously affirm, That your majesty's privy-council, all your judges and your counsel learned, "Jovis 7mo. Die Maii, Anno 5to. Car. R. had conspired together to trample under their "To the king's most excellent maj.; Humbly feet the liberties of the said subjects of this sheweth and informeth unto your most excel- realm, and the privileges of that house.' And lent maj. sir Rob. Heath, your maj.'s attorney further, that when your maj. upon the 25th of general, for and on your maj.'s behalf, That Feb. had, by sir John Finch, knt. then Speaker whereas, by the antient and fundamental laws of the said house of commons, signified your of this kingdom, the high court of parliament royal pleasure, that the said house should be consisteth of the lords spiritual and temporal instantly adjourned until the 2d of March then in the lords house, and of the knights, citizens, following, he the said sir J. Elliot, and Denzil and burgesses in the commons house of parlia- Hollis, esq.; Benjamin Valentine, gentleman, ment; and those two houses, thus compos- Walter Long, esq, William Coriton esq. Wm. ed, do together make up that great and ho- Strode, esq. John Selden, esq. sir Miles nourable body, whereof your maj. as the su- Hobart, and sir Peter Hayman, knights, all preme sovereign, is the head: and whereas the members at that time of the said commons power of summoning and assembling of parlia- house, conceiving with themselves, that your ments, and of continuing, proroguing, adjourn-maj being justly provoked thereto, would spee

An Information in the Starchamber against Mr. Hollis, sir J. Elliot. &c.] On these Answers from the Judges, the king's attorney general next proceeded to exhibit an information against the gentlemen, in the court of StarChamber; which, though not strictly parliamentary, yet, as it refers to what had been done and said in parliament, deserves our notice; as well as the rest of the proceedings against them, as they are collected in Rushworth, to the end of this business. The In

formation was as follows:

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and with set purpose to oppose your majesty' said command, did stand up, and several times offered to speak, "Whereupon the said Speaker, in obedience to your majesty's said command, endeavouring to have gone out of the Chair, the said D. Hollis and B. Valentine, being then next the Speaker's Chair, and the one of them on the one hand, and the other of them on the other hand of the Speaker (where they so placed themselves of purpose on that day) out of their disobedience to your maj. and by the confederacy and agreement aforesaid; violently, forcibly, and unlawfully, and with parpose to raise a tumult in the said house, kept and held the said Speaker in the said chair, against his will: and the said Speaker again endeavouring to leave the chair, and having then gotten out of the chair, they, the said D. Holles and B. Valentine, laid violent hands upon the said Speaker, forcibly, and unlawfully, and by strong hand, thrust him into his chair again; and then the said sir J. Elliot again stood up, and used these speeches; We have prepared a short Declaration of our intentions, which I hope shall agree with the honour of the house, and the justice of the king. And with that, he threw down a paper into the floor of the said house, desiring it might be read: and the said D. Hollis, B. Valentine, and all other the confederates aforesaid, in disobedience and high contempt of your majesty's said command, called and cried out to have the same paper read. But some others of the house spake to the contrary, that it might not be read; and the house thereupon, by reason of the disorderly behaviour of the said confederates, was much troubled; many pressing violently and tumultuously to have the said paper read, and others dutifully and diligently urging the contrary, to the great disquiet and discomfort of many well-affected members of that house. And the said Wm. Coriton, in this distemper, demeaned himself so passionately and violently; that he then, and there violently, forcibly, and unlawfully assaulted and struck Winterton, gent. then being a member of the said house and divers of the members of the said house, being then desirous, and endeavouring to have gone out of the said house, the said sir Miles Hobart did, of his own head, lock the door of the said house, and kept the key thereof; and imprisoned the members of the said house, being then in the said house, against their wills, so that none of them could go out, And the said Wm. Strode, for the further expressing of his maliguity and undutifulness towards your maj. and in pursuance of the agreement and confederacy aforesaid, openly moved, and with much earnestness urged, That the said Paper or Declaration might be first read, To' the end, that' (as he then, in great contempt of your royal maj. said) 'We' (meaning the members of the house) may not be turned off like scattered sheep, and sent home as we were last sessions, with a scorn put upon us in print;" meaning thereby the words which your maj. in your own person, spake at the ending of

dily dissolve that parliament; they the said sir J. Elliot, &c. and every of them, by unlawful confederacy and combination between them in that hehalf before had, did maliciously resolve, agree and conspire, how and by what means, before that parliament should be dissolved, they might raise such false and scandalous rumours against your majesty's government, and your counsellors of estate attending your person, that thereby as much as in them lieth, they night disturb the happy government of this kingdom, by and under your maj.; interrupt the course of traffick and trade; discourage your merchants, and raise jealousies and suspicions in the hearts of your people, that the sincerity of the true religion professed and established in this kingdom, was neglected: and in pursuance of this their resolution and confidence aforesaid, the said sir J. Elliot, with the privity and consent of the said Denzil Hollis, and all other the said confederates, did prepare a paper or writing, wherein he had written, or caused to be written, divers false and scandalous assertions, touching your majesty's government, and touching the persons of divers of your privy-council; which he and they resolved, and conspired, and agreed, should be delivered into the said house of commons, and there publickly read; to the wicked and seditious intents and purposes aforesaid, and not with any purpose or opinion, that those things that were therein contained, if they, or any of them had been true, as indeed they were not, should, or could be at that time entertained, or pursued in any legal or parliamentary way; but merely and only to express, and vent His and their own malice and disaffection to your maj. and your happy government.-And your maj. upon the said 2nd of March having signified your royal pleasure unto the said sir J. Finch, then Speaker of that house, That the said house should then be presently adjourned until the 10th day of the said month of March, without any further speech or proceedings at that time; and the said Speaker then delivered your majesty's pleasure and commandment to the said house accordingly, and declared unto them your majesty's express charge and command unto him, That if any should, notwithstanding, disobey your majesty's command, that he must forthwith leave the charge, and wait upon your maj.: unto which commandment of your maj. and signification of your royal pleasure in that behalf, for a present adjournment of the house, the greatest number of the members of that house, in their duty and allegiance unto your maj, were willing to have given a ready obedience; as the lords spiritual and temporal, upon the very same day, upon the like signification, made unto them of your majesty's pleasure, by your lord keeper of your great seal of England, the Speaker of that house, had done: yet so it is, that the said sir J. Elliot, for the satisfying of his own malice and disloyal affections to your maj. and by the confederacy and agreement aforesaid, and in a high contempt and disobedience unto your majesty's command,

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