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pen licence: And therefore, according to his • sty's Acpljr upon that subject, his majesty pects, that his house of commons publish cli a Declaration, whereby this mistaking ly be cleared ; that so all tbe world may see i majesty's caution m giving of passes ; and euise that bis ministers have not abused majesty's trust, by any surreptitious warit. And, lastly, bis majesty expects, that Jcefortb there be more wariness used, before b public aspersions be laid; unless tbe uud> be bcforc-liand better warranted by Bcient proofs.1'
Tlie lords had petitioned tbe king to remove John Pennington from being commander of
fleet, to which be returned this Answer, "That bis majesty sees no reason why he uld give way to tbe alteration of him, who i rirst made choice of by the lord admiral, that charge, and approved of by himself: srelore his majesty cannot, in honour and lice, appoint any other tor that charge than ,'ohn Pennington; of whose ability and intity hi4 majesty hath bad eo long and good erience."—The earl of Warwick was the v>a nominated to tbe king for that trust, by
lords; who, when they received this Mese, Kat it down to the commons, with a dei that both houses should join in a Petition be kiug, That tbe said earl wight command iuef, in this summer's fleet, and'to present it reasons are thought proper for the pure.
tie Kings Ansreer to the Det'firution of k Houses concenmi!! Fran and Jealousies.] f lord Keeper acminiiitcd tbe bouse, That had received two letters from the king, ed at ifork, March SI, loll, with a Dci iti'jn iucbi'.vd in ..ne, in Answer to that n parliament, presented, at Newmarket, Plli instant; boih wliich he was cnminandto commUnicate to their lordship*. Tbe rhtratiou was in these words: Though tbe Declaration, lately presented to it Newmarket, from both our bouses of parnent, be of so strange a nature, in respect »hat we expected, after so many acts of ce and favour ;o our people; and some exssions in it so d liferent from the usual lanice to princes, that we might well take a v long time to consider it; yet the clearness I uprightness of our conscience to God, and 'to our subjects, hath supplied n» with a *dy Answer; and our unalterable alfecJ to our people prevailed «itb us to suppress t passion, whicii might well enough become upoa such an imitation.—We have recouered oar'Answer of the 2nd of this month Theobalds, which is urged to have given just ■V of sorrow to our subjects. Whosoever ** over that Message, (which was in effect tell us, that if we would not join with them, an act which we conceived might prove prelicial and dangerous to us and the whole igdotn, they would make a law without us, A impose it upon our people) will not think u sudden Answer can be excepted to.—We
have little encouragement to Replies of this nature, when we are told of how little value our words are like to be with you, though they come accompanied with all the actions of love and justice, (where there is room for actions to accompany theruj yet we cannot but disavow the having any such evil counsel or counsellors about us, to our knowledge, as are mentioned ; and if any such be discovered, we will leave them to tbe censure and judgment of our parliament: in the mean time we coubi wish, than our own immediate actions which we avow, and our own honour, might not be so roughly censured and wounded under that common style of evil counsellors.—For our faithful and zealous affection to the true Protestant profession, and our resolution to concur with our parliament in any possible course for the propagation of it and suppression of I'opery, we can say no more than we have already expressed in our Declaration to all our loving subjects, published, in Jan. last, by the advice of our privy council; in which we endeavoured to make as lively a confession of ourself, in this point, as we were able, being most assured that the constant practice of our life hath been answerable thereunto; and therefore we did rather expect a testimony and acknowledgment of such our zeal and piety, than those expressions we met with in this Declaration, of any design of altering religion in this kingdom. And we do, out of the innocence of our soul, wish that the judgments of Heaven may be manifested upon those who have, or had, any such design.—As for tbe Scots troubles; we had well thought that those unhappv differences had been wrapped up in perpetual silence, bv the act of oblivion; which being solemnly passed in the parliaments of both kingdoms, slops our mouth from any further Reply, than to shew our great dislike for reviving the memory thereof.—If the Rebellion in Ireland, so odious to all Christians, seems to have been framed and maintained in England, or to have any countenance from hence, we conjure both our houses ot parliament and all our loving subjects wlmtsorxer, to use all possible means to discover and tind out such, that we may join in the most examnlary vengeance upon them that can be imagined: but we must think ourself highly and causelessly injured in our reputation, if any Declaration, action, or expression of, tbe Irish rebels; any Letter from count Rosetti to the Papists, for fasting and praying; or from Trisstrain Whitcombe of strange speeches uttered in Ireland; shall beget atiy jealousy or misapprehension in cwr subjects of our justice, pietv, and affection; it being evident to nil understandings, that those mischievous and wicked rebels are not so capable of great advantage, as by having their false discourses so far believed, as to raise fears and jealousies, to the distraction of this kingdom, the only way to their security: And we cannot express a deeper sense of the tuQeriug of our poor Protestant subjects in that kingdom, than we have done far hare satisfied you of oar intentions m:. that you would no more have entertained sny imagination of any other design than we then expressed—But why the listing of so
in our often Messages to both houses, hy which xre have offered and are still ready to venture, our royal person for their redemption; well knowing, that as we are, in our own interest, more concerned in them, so we are to make a strict accouut to Almighty God lor any neglect of our duty for their preservation.-—l or the manifold attempts to provoke o\ir late army, and the army of the Scots, and to raise a faction in the city of London, and other parts of the kingdom: if it be said as relating to us, we cannot, without great indignation, suffer ourself to be reproached, to have intended the least force or threatening to our parliament, as the being privy to the bringing tip of the army would imply: whereas we call God fo witness, we never had any such thought, or knew of any such resolution concerning our late army.—For the Petition shewed to us by captain Lcgge; we well remember the same, and the occasion of that conference: captain Lcgge being lately come out of the North, and repairing to us at W hitehall, we asked him of the state of our army; and, after some relation made of it, he told us, That the commanders and officers of the army had a-mind to petition the parliament, as others of our people had done, and shewed us tire copy of a Petition, which we read ; and, finding it to be very humble, (desiring the parliament might receive no interruption in the reformation of the church and state, to the model of queen Elizabeth's days) we told him, We saw no harm in it: whereupon he replied, That he believed all the officers of the army would like it, only he thought sir Jacob Ashley would be unwilling to sign it, out of fear that it might displease us. We then read the Petition over again; and then observing nothing,,in matter or form, we conceived could possiblv give just cause of offence, we delivered it to him ngni.'.; bidding him give it to sir Jacob Ashley, for whose satisfaction we had written (.'. It. upon it, to testify our approbation; and wc wish that Petition may be seen and published, and then we believe it will appear no dangerous one, nor a just ground for ihc least jealousy or misapprehension.—lor Mr. Jernivn ; it is well known that he was cone from Whitehall before we received the desire of both houses for the restraint of our servants, neither returned he thither, or passed over by any warrant granted by us after that time.—For the Breach of Privilege, in the accusation of the lord kiinbolton and the 5 members of the house of commons, we thought we had given so ample satisfaction in our several Messages to that purpose, that it should be no more pressed against us; being confident that if the breach of privilege had been greater than hath been ever before offered, our acknowledgement and retractation hath been greater than ever king hath given; besides the not examining how many of our privileges have been invaded in defence and vindication of the other; and therefore we hoped our true and earnest protestation, in our Answer ■to your Order concerning the Militia, would so
officers, and entertaining them at W should be misconstrued, we much mane; when it is notoriously known the ttniuia . Westminster were so great, and their rtemeai;ours so scandalous and seditious, that at t*i good cause to suppose our own person, and those of our wife and children to be in sw* rent danger; and therefore we had great > son to appoint a guard about us, and to scr? the dutiful tender of the service of any o; loving subjects; which was all we did to I gentlemen of the Inns of Court.—For the Digby; we assure you, on the word of a thiit iie had our warrant to pass the seas, hail left our court, before we Vote of the house of commons, or had cause to imagine that his absence would been e\ccpted against.—What your advc nients are from Rome, Venice, Paris, and pars, or what the Pope's Nuncio sohciu kings of France or Spain to do, or from persons such informations come to you, or an the credit and reputation of such persons been sifted and examined, we know nat; W arc confident no sober honest man iu kingdoms can believe, that we are so de<[».: or so senseless to entertain such desipu would not only bury this our kingdom in ■ den destruction and ruin, but our own and posterity in perpetual scorn and intaa;' and therefore we could have wished timattcrs of so high and tender a nature,v» with the minds of our good subjects must be startled; all the expressions were soplai easy, that nothing might stick with them reflection upon us, since you thought '"■ publish it at all.—And having now dealt plainly and freely with you, by way of As** to the particular Grounds of yourFcsn;" hope, upon a due consideration and wc both together, you will not lind the crouM* be of that moment to beget, or longer iu thine, a misunderstanding betwixt us ; or you to apply youi selves to the use of an? power than w hat the law hath given yon; !■ which we always intend shall be the n.ia--" of our own power, and expect it shall b* p» rule of our subjects obedience.—Concerts^ our Fears and Jealousies; as we had as W* tion of accusing you, so are we sure no spoken by ns, on the sudden, at Tiicot will bear that interpretation. Wefaai,'"*: our residence near you, we wished it mittt^ so safe and honourable, that we had nu to absent ourself from Whitehall,' and t can be a breach of privilege of parliament« cannot understand. We explained ourn><* ing in our Answer at Newmarket, at tks f* sentation of this Declaration, concenBBJ*}! printed seditious pamphlets and sermons, ■* the great tumults at Westminster: must appeal to you and all the we might not justly suppose
either. And if we were now at Whitehall, tat security bate we that the like shall not be ain; especially if any delinquents of that ture have been apprehended by the minisrs of justice, and been rescued by the people, d so as yet escape unpunished. If you liave t been informed of the seditious words used, d the circumstances of those tumults, and 11 appoint some way for the examination of ?ra, we will require some of our learned unsel to attend with such evidence as may isty you; and till that be done, or some tier course taken for our security, you caut, with reason, wonder that we intend not to where we most desire to be.—And can there t want evidence of our hearty and importute desire to join with our parliament, and our faithful subjects, in defence of the relim and public good of the kingdom? Have ! given you no other earnest but words, to cure you of those desires? The very Remon.mce of the house of commons, published Dec. last, of the State of the Kingdom, allows a more real testimony of our good affections au words: that Remonstrance valued our tsof grace and justice at so high a rate, that declared the kingdom to be then a gainer, i>ugli it had charged itseKby bills of Subsidies >d Poll-Money, with the levy of 000,000/. aides the contracting of a Debt to our Scots bjects of 220,000/.—Are the bills for the riennial Parliament; for relinquishing our Je of imposing upon Merchandize, and Power pressing of Soldiers: for taking away the ar-Chauibcr and lligli-Commissinn Courts; id for regulating the Council Table, but ords? Are the bills tor the l orcsts; the Stanuy Courts; the Clerk of the Market; and c taking away the Votes of the Bishops out "the lords house, but words? Lastly, What reater earnest of our trust and reliance ono.tr viiaiuent could, or can, we give, than the asking of the bill for the Continuance of this rtscnt Parliament? the length of which, we ipe, will never alter the nature of pailinmcuts id tbcconstitution of this kingdom; or invite ir subjects so much to abuse our confidence, > to esteem any thing tit for this parliament i do, which were not so, if it were in our swer to dissolve it to-morrow. And after all icse, and many other arts of gia.e on our art, that we might be sure of a perfect reconliation betwixt us and all our suLjects, we •ve offered, and are still ready to grant, a free ad general Pardon, as ample us yourselves tall tbiuk fit. Nuw, if these be not real egressions of the n lections of our soul, for t he ublic good of our kingdom, we must confess •iu. we want skill to manifest them.—To conlude, (although we think our Answer already ill to that point) concerning our Return to ■ondoo: we are willing to declare, that we 'ok upon it as a matter of so great weight, "ill reference to the affairs of this kingdom, ad to our own inclination and desires, that if 11 we can say or do, can raise a mutual conideuee, (the only way, with Cod's blessing, to
make us all happy) and, by your encouragement, the laws of the land, and the government of the city of London, may recover some life for our security, we will overtake your desires, and be as soon with you as you can wish. And, in the mean time, you may be sure, that neither the business of Ireland, or any other advantage for this kingdom, shall suffer through our default, or by our absence; we being so far from repenting the acts of our justice and grace, which we have already performed to our people, that we shall, with the same alacrity, be still ready to add such new unes, as may best advance the pence, honour, and prosperity of this nation."
The King's Objections to passing the Bill for clearing Lord Kimbolton, fie] The other Letter to the loid keeper was as follows:
"C. R. Right trusty and well-beloved counsellor, we greet you well; We have signed a commission tor giving our royal assent for passing the bill ' For raising 400,000/. for the necessary Defence of our kingdom of Ireland. As for the other bill sent unto us, intituled, 'Au Act for clearing and vindicating of the lord Kimbolton, Mr. Ilollis, &c. albeit we are well pleased to pass an act for the clearing of them all, according to our gracious promise; yet we are not by that promise, nor otherwise, obliged to lay any imputation on ourself, or to clear them in words that may reflect upon our honour. Wherefore, our command is, that you make known to our parliament, That if they will pass a bill for the freeing and clearing of the lord Kimbolton and the rest, in such terms and words us may be strong for them, Uih! not reflect upon us, we will readily give oi:r royal assent thereto. Given at our Court at York, the 21st of March, in the 17th year of our reign."
Ordered, "That this house shall take into consideration, Whether this Answer is not a breach of the privilege of parliament. And that all these last matters from the king shall he communicated to the house of commons, at a conference." Hut at the very same time came up a Message from the commons, desiring a conference about the same things; which was granted, and appointed for that afternoon.
Information of an Invasion intended by the French.] March 'iC. The earl of Northumberland, lord admiral, acquainted the lords, "That lie had received information from sir Philip Carteret, governor of the Isle of Wight, of forces raising in Normandy and Britany, to the number of 7000 men; that they were designed against the islands of Guernsey and Jersey, or some part of England: and that there was in France a secret intent to break the pence between the two kingdoms." Ordered, "That this Information should be sent to the commons; and to desire that house to give a speedy dispatch to the setting forth this summer's fleet; and that both houses may join io an humble Petition to the king, to make the earl of Warwick commander of it."
This day an act ' For raising of 400,000/. for the necessary Defence and great Affairs of ttiis kingdom ami Ireland, and for the Paymentsof Debts undertaken by Parliament,' was passed, by commission, with the usual ceremonies.
The ljyrds refuse to let tlie tUtrl of tls*ex, Ift. wait on the Kinp at York.'] March 28. The earl of Fssex, lord chamberlain, and 'he earl of iio land, groom of the stole, exhibited Letters from the king, commanding them t" appear at York, to attend St. George's Feast there, (they being knights of the garter) which the king intended to hold in that city. The like letters the earl of Salisbury and the lord Savile shewed; which being taken into consideration, as a matter of great importance, it was resolved, Upon the question, " That the said lords should not have leave to go, but attend the business of that house, in rcgartl that great and weighty affairs of the kingdom were then in agitation."
Conference concerning an intended Petition from Kent.~\ A conference was held this day between tlie two houses; when the commons informed the lords, That a Petition had.I.ecu framed in Kent, and intended to be delivered to Parliament, which was of dangerous consequence. This was on the Information of one Francis Jones, who averred, That the Petition was produced and read at die assizes, at Maidatone, the 23th of March last, and consisted, to the best of his memory, of these particulars: "That the government of Bishops might still remain, they being as anticnt as Christianity in England: that the Liturgy mid Common Prayer might still remain: that such might be punished who either absent themselves from Jt, or speak ugiiinst it; and tint all ministers and people might be brought into this uniform, ity: th:it no Order should issue out of either house, to oblige the people, unless it was an act of parliament: that no Order should issue concerning the Militia, from cither house, without the king's hand to it: that they would presently apply themselves to his majesty's Mes^ sage of the 20th of Jan. last: that they would establish the civil law, that they who were civil lawyers might not lose their studies: that they would speedily relieve their brethren in Ireland: that they would he pleased to establish the privilege of parliament, and the king'* regal power. Lastly, That sir F.dw. Dering pressed, with great earnestness, to ha\e a copy of this Petition sent to the king; but, as he thought, it was denied."
The commons further informed the lords, that they found sir Edw. Dering, sir Roger Twisdeil, sir Geo. Strode, and Mr. R. Spencer, had been active men in contriving and presenting this Petition; they therefore desired the said gentlemen might be sent for, as delinquents; which was accordingly ordered by the lords, and a select committee, of both houses, appointed to examine this business to the bottom. »
Petition to the King that the E. of Warwick may command the fleet.] March 28, p. in.
The commons sent op the following draught a" a Petition to the king, for constituting tut tid of Warwick lord high admiral:
"The lords and commons, in this prc;cs: parliament ascemhled, having found it neeasary to provide and set to sea a strong xsa powcrfal Navy, for the defence of this luMtka against foreign force, and for the secuniT oi your majesty's other dominions, the chtrti whereof is to bo borne by the commonweaka; and taking notice of the indisposition of tat >or,d admiral, which disables him, at this Obi, from commanding the fleet in bis own perssa, did thereupon recommend unto his kmhaa the earl of Warwick, a person of such abify and quality, as in whom they might best essfide, to supply his room for this employmeC And understanding that your maj. hath mat signified your pleasure concerning that raw» inniiri for sir Johu Pennington, we do bokiil our duty to represent unto your maj. thegaw danser and mischief the commonwealth slid to sustain by such interruption; and therabri humbly beseech your majesty, that the cow] person, recommended by both bouses for ni service, may no longer be detained from it, wj of any particular respect to any other pen* whatsoever."—The lords agreed to thu ftl titinn.
The Earl of Bristol and Judge Mallet aj
amined touching the Kentish Petition; *i committed to the Tower.] A copy of M Kentish Petition was produced in the boost lords by the carl of Bristol, who said he m it delivered to him hy Judge Mallet. Vt being read, which was no more than insj largomcnt on, the foregoing heads, the eariaj asked, Whether he had taken a copy of ■ Petition? who answering, Yes, he was oa» manded to withdraw. Then Mr. Justice M» let was examined, who said, " That btlat the Petition from sir Geo. Strode, and thaw shewed'it to the earl of Bristol, who teaki copy of the same." Hereupon the lordsntij this affair into consideration, conceived M the judge had committed a great offence. co» trary to his duty, as judge of the assize, an assistant to this house, in not revealiKB Petition to them till he was forced to it. Aa^j after a long debate, the question was Whether there were not some words, in si petition, scandalous, dangerous, and ter^H to sedition? it passed in the affirmative. wise the earl of Bristol, because he bad thi Petition delivered to him, being ot <n ef gerous a consequence, and took a copv << t without doing his duty in acquainting the ba* of lords therewith, was committed to the To«* for the present, until this business shook)* further examined. The earls of Bath, Dc* Portland, Monmouth, with the lords MoabfB. Grey, Howard, and Capel, dissenting. Jcaf Mallet, also, underwent the same senteofe
March 29. A Message from the Lot' the lords was read, importing only im 4*** that the earl of Leicester, lord lieut, of If land, should be sent over, immediately, ta it* edom, in order to comfort and encourage good subjects there, on their late success, i strike the more terror into the rebels, &c. ich, after a conference with both houses, > denied.
['he lord Seymour having been sent to by king, as a knight of the garter, to attend king at York, on St. George's feast, and he ing forward on a former leave of absence n the house, a post was sent after him, with order to bring him back. The gentleman er of the biack rod, having received the ■ summons, the lords ordered, That he uld attend his charge ami duty to the house, ordiog to his place.
iitt of l'onnugc and Pttvndugc pasted.] * day the bill of Subsidy on Tonnage I Poundage, &c. was passed by commission, I was the last of that kind this king ever granted. Some reasons were likewise ■mi up and agreed to be sent to the g, for not permitting his great officers of e, and privy counsellors, to attend him at •k.
'mpeachmrnt of George htni/on for conlrira Petition against lluc Ordinance for the litia, <Jrc] March 31. This duy, at a con:nce, the commons exhibited the following icles of Impeachment against Georue Benit citizen of London, for several High Crimes I M isticmeanors:
1 That be, the said George Brnyon, being a n of power and credit in the city, and well iwing the present distractions and disorders the tiroes, had endeavoured to make a divii between the king and pnrliaiuent, and ween the parliament and flic city, by kedly and maliciously contriving and fonna false, dangerous, und seditious Petition, behalf of himself and other citizen*, and seated to hoth houses of parliament, he. at the said Benyon, by false and minister suasions, procured divers citizens to Aubibe tbeir hands to the said petition, contrary :heir intent and true meaning, \c. Also, >t the said Bcnyon did give out and utter ers bold and arrosuut speeches, in dcroga1 and contempt of the privileges of parliant, and the peeis therein us-enib'.ed; swear, by. God, that he would make the bill of tedious pass, or there should not be one iny lent to parliament; that he would spend ■ry groat in the Chamber of Loudon, to put »n the privileges of the peers, and make im honest; that tbey mi<;ht be as liable to ests as the noblemen of France, Spain, Pod and other foreign countries: That he A he had computed the debts of the lords, I that they owed more than would drive on i greatest trade of the whole kingdom, 6ic, at, speaking of the parliament, he did talsetnid maliciously say, That they much coined or' the king's authority and power, J yet they went about to set up an arbitrary lernineut themselves; and they, being 400 number, would be more grievous than one solute monarch. All which matters and
things were committed by the said Bcnyon,
This is the substance of the Charge against Mr. Bcnyon -. The Petition itself was as follows:
To the Rt. Hon. the Lords and Commons, assembled in Parliament; The Humble Petition of the Citizens of London, whose names are underwritten,
"Shcweth, That the city of London hatb, time out of mind, enjoyed the ordering of their owr. arms, which hath successively been annexed to the mayoralty for the time being; the lord mayor having always been a person of worth and quality, and of their own choice, and hath ever advised with the court of Aldermen in the execution thereof: so that if the same should he conferred on others, we humbly conceive it would not only be a personal dishonour to the lord mayor, but also reflect upon the government and customs of the city of London, granted to the citizens by the.great charter or England, and confirmed by divert nets am) charters since that time; and which every freeman of the said city is, by the oath of his freedom, hound to maintain to the uttermost of his power. This' lion, assembly may be pleased to take into consideration, that aa alteration in the ancient government of this renowned city, may breed greater distractions and inconveniences, than, for the present, can lie discerned, or, in the future, can be amended. Vv heritore, our humble desire is, That since this government hath, by experience, been found lor the honour of his majesty, the good of the city and the whole kingdom; and that, in the most troublesome time, it hath been admired and commended by strangers, before any other city in the known world, that the suine, by your honourable favour, may be continued without any alteration. And they shall pray, cVc/'
This Petition being read, the Charge was farther aggravated ngniust Mr. Benyon, by observing, 1. " That lie w as a man of a turbulent spirit, mid a lit person to act such a mischief. A citizen and freeman of London, which is the metropolis and epitome of the whole kingdom; the strength whereof is in the common council: 1 hat this plot was like another Trojan horse, full of variety of mischiefs and pestilential designs; according to M.ichiavel's rule, 'divide et iuipcra.' To divide between the king and his people, the parliament and the city, ami the city between itself; like a worm gnawing between the bark and the tree. The ciicumstanccs and gradations of this offence ascends to a great height, as having reference to the common council, whereto he ought to have submitted, being involved in their votes; but he abounds in iiis own sense, and spurns against it. 2. It hath reference to the annihilating and opposing the Ordinance of hoth houses of parliament, for settling the Militia, the parliament having power of declaring what the law is concerning itself; and