given licence: And therefore, according to his majesty's Reply upon that subject, his majesty expects, that his house of commons publish such a Declaration, whereby this mistaking may be cleared; that so all the world may see is majesty's caution in giving of passes; and kewise that his ministers have not abused is majesty's trust, by any surreptitious warant. And, lastly, his majesty expects, that enceforth there be more wariness used, before uch public aspersions be laid; unless the rounds be before-hand better warranted by ufficient proofs." The lords had petitioned the king to remove John Pennington from being commander of e fleet, to which he returned this Answer, "That his majesty sees no reason why he muld give way to the alteration of him, who as first made choice of by the lord admiral, r that charge, and approved of by himself: herefore his majesty cannot, in honour and stice, appoint any other for that charge than John Pennington; of whose ability and ingrity his majesty hath had so long and good perience."-The earl of Warwick was the rson nominated to the king for that trust, by e lords; who, when they received this Mesge, sent it down to the commons, with a dee that both houses should join in a Petition the king, That the said earl might command chief, in this summer's fleet, and to present hat reasons are thought proper for the pur se. 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 them) 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 the censure and judgment of our parliament: in the mean time we could 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 Popery, 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 picty, 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 the Scots troubles; we had well thought that those unhappy differences had been wrapped up in perpetual silence, by the act of oblivion; which being solemnly passed in the parliaments of both kingdoms, stops our mouth from any fur ther Reply, than to shew our great dislike for reviving the memory thereof.-If the Rebellion in Ireland, so odious to all Christians, "Though the Declaration, lately presented to seems to have been framed and maintained in at Newmarket, from both our houses of par- England, or to have any countenance from iment, be of so strange a nature, in respect hence, we conjure both our houses of parliawhat we expected, after so many acts of ment and all our loving subjects whatsoever, ace and favour to our people; and some ex- to use all possible means to discover and find essions in it so different from the usual lan- out such, that we may join in the most exage to princes, that we might well take a amplary vengeance upon them that can be ry long time to consider it; yet the clearness imagined: but we must think ourself highly id uprightness of our conscience to God, and and causelessly injured in our reputation, if any ve to our subjects, hath supplied us with a Declaration, action, or expression of the Irish seedy Answer; and our unalterable affcc- rebels; any Letter from count Rosetti to the on to our people prevailed with us to suppress Papists, for fasting and praying; or from Triss at passion, which might well enough become train Whitcombe of strange speeches uttered 3 upon such an invitation.-We have recon- in Ireland; shall beget any jealousy or misapdered our Answer of the 2nd of this month prehension in our subjects of our justice, piet Theobalds, which is urged to have given just ty, and affection; it being evident to all un ause of sorrow to our subjects. Whosoever derstandings, that those mischievous and wickjoks over that Message, (which was in effected rebels are not so capable of great advantage, tell us, that if we would not join with them, an act which we conceived might prove preadicial and dangerous to us and the whole ingdom, they would make a law without us, and impose it upon our people) will not think hat sudden Answer can be excepted to.-We The King's Answer to the Decoration of th Houses concerning Fears and Jealousies.] e lord Keeper acquainted the house, That had received two Letters from the king, ted at York, March 21, 1641, with a Dearation inclosed in one, in Answer to that parliament, presented, at Newmarket, e 9th instant; both which he was commandI to communicate to their lordships. The eclaration was in these words: 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 suffering of our poor Protestant subjects in that kingdom, than we have done that you would no more have entertained any imagination of any other design than we there expressed-But why the listing of so many officers, and entertaining them at Whitehall, should be misconstrued, we much marvel; when it is notoriously known the tumults at Westminster were so great, and their demean ours so scandalous and seditious, that we bad good cause to suppose our own person, and those of our wife and children to be in appa in our often Messages to both houses, by which | far have satisfied you of our intentions then, we 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 account to Almighty God for any neglect of our duty for their preservation. For the manifold attempts to provoke our 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, sufferrent danger; and therefore we had great res ourself to be reproached, to have intended the least force or threatening to our parliament, as the being privy to the bringing up of the army would imply: whereas we call God to 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 Legge; we well remember the same, and the occasion of that conference: captain Legge being lately come out of the North, and repairing to us at Whitehall, 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 the 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 harm in it whereupon he replied, That he behieved 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 possibly give just cause of offence, we delivered it to him again; bidding him give it to sir Jacob Ashley, for whose satisfaction we had written C. R. upon it, to testify our approbation; and we wish that Petition may be seen and published, and then we believe it will appear no dangerous one, nor a just ground for the least jealousy or misapprehension.-For Mr. Jermyn; it is well known that he was gone 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 Kimbolton 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 son to appoint a guard about us, and to accept the dutiful tender of the service of any of our loving subjects; which was all we did to the gentlemen of the Inns of Court.-For the lord Digby; we assure you, on the word of a king, that he had our warrant to pass the seas, and bad left our court, before we ever heard of the Vote of the house of commons, or had any cause to imagine that his absence would have been excepted against.—What your advertise ments are from Rome, Venice, Paris, and other pars, or what the Pope's Nuncio solicits the kings of France or Spain to do, or from what persons such informations come to you, or how the credit and reputation of such persons have been sifted and examined, we know not; bu are confident no sober honest man in c kingdoms can believe, that we are so despera or so senseless to entertain such designs would not only bury this our kingdom in su den destruction and ruin, but our own nam and posterity in perpetual scorn and infamy and therefore we could have wished that, matters of so high and tender a nature, (where with the minds of our good subjects must nee be startled) all the expressions were so plain and easy, that nothing might stick with them wh reflection upon us, since you thought fit publish it at all.--And having now dealt the plainly and freely with you, by way of Answe to the particular Grounds of your Fears; * hope, upon a due consideration and weighing both together, you will not find the grounds be of that moment to beget, or longer to continue, a misunderstanding betwixt us; or force you to apply yourselves to the use of any other power than what the law hath given you; which we always intend shall be the measure of our own power, and expect it shall be u rule of our subjects obedience.-Concerning our Fears and Jealousies; as we had no intes tion of accusing you, so are we sure no word spoken by us, on the sudden, at Theobald's, will bear that interpretation. We said, For our residence near you, we wished it might br so safe and honourable, that we had no caus to absent ourself from Whitehall,' and how thi can be a breach of privilege of parliament w cannot understand. We explained our meating in our Answer at Newmarket, at the presentation of this Declaration, concerning the printed seditious pamphlets and sermons, and the great tumults at Westminster: and we must appeal to you and all the world, whether we might not justly suppose ourself in danger 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 ones, as may best advance the peace, honour, and prosperity of this nation." The King's Objections to passing the Bill for clearing Lord Kimbolton, &c.] The other Letter to the lord keeper was as follows: of either. And if we were now at Whitehall, what security have we that the like shall not be gain; especially if any delinquents of that ature have been apprehended by the minisers of justice, and been rescued by the people, nd so as yet escape unpunished. If you have ot been informed of the seditious words used, nd the circumstances of those tumults, and ill appoint some way for the examination of em, we will require some of our learned ounsel to attend with such evidence as may atisfy you; and till that be done, or some ther course taken for our security, you canot, with reason, wonder that we intend not to e where we most desire to be.-And can there et want evidence of our hearty and importuate desire to join with our parliament, and 1 our faithful subjects, in defence of the relion and public good of the kingdom? Have "C. R. Right trusty and well-beloved e given you no other earnest but words, to counsellor, we greet you well; We have signed cure you of those desires? The very Remon- a commission for giving our royal assent for rance of the house of commons, published passing the bill For raising 400,000l. for the Dec. last, of the State of the Kingdom, allows necessary Defence of our kingdom of Ireland. a more real testimony of our good affections As for the other bill sent unto us, intituled, an words: that Remonstrance valued our An Act for clearing and vindicating of the ts of grace and justice at so high a rate, that lord Kimbolton, Mr. Hollis, &c. albeit we are declared the kingdom to be then a gainer, well pleased to pass an act for the clearing of ough it had charged itself by bills of Subsidies them all, according to our gracious promise; ad Poll-Money, with the levy of 600,000/.yet we are not by that promise, nor otherwise, esides the contracting of a Debt to our Scots bjects of 220,000/-Are the bills for the riennial Parliament; for relinquishing our tle of imposing upon Merchandize, and Power f pressing of Soldiers; for taking away the tar-Chamber and High-Commission Courts; ad for regulating the Council Table, but ords? Are the bills for the Forests; the Stanary Courts; the Clerk of the Market; and e taking away the Votes of the Bishops out f the lords house, but words? Lastly, What reater earnest of our trust and reliance on our arliament could, or can, we give, than the assing of the bill for the Continuance of this resent Parliament? the length of which, we ope, will never alter the nature of parliaments ad the constitution of this kingdom; or invite ur subjects so much to abuse our confidence, is to esteem any thing fit for this parliament o do, which were not so, if it were in our ower to dissolve it to-morrow. And after all bese, and many other acts of grace on our art, that we might be sure of a perfect reconciliation betwixt us and all our subjects, we have offered, and are still ready to grant, a free and general Pardon, as ample as yourselves shall think fit. Now, if these be not real expressions of the affections of our soul, for the public good of our kingdom, we must confess that we want skill to manifest them.-To conclude, (although we think our Answer already full to that point) concerning our Return to London: we are willing to declare, that we look upon it as a matter of so great weight, with reference to the affairs of this kingdom, and to our own inclination and desires, that if all we can say or do, can raise a mutual confidence, (the only way, with God's blessing, to 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 as may be strong for them, and not reflect upon us, we will readily give our 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 be communicated to the house of commons, at a conference." But 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 after noon. Information of an Invasion intended by the French] March 26. The earl of Northumberland, lord admiral, acquainted the lords, "That he 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 de signed against the islands of Guernsey and Jersey, or some part of England: and that there was in France a secret intent to break the peace 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 in 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 this kingdom and Ireland, and for the Payment of Debts undertaken by Parliament,' was passed, by commission, with the usual ceremonies. The commons sent up the following draught of a Petition to the king, for constituting the earl of Warwick lord high admiral: "The lords and commons, in this present parliament assembled, having found it neces sary to provide and set to sea a strong and powerful Navy, for the defence of this kingdom against foreign force, and for the security of your majesty's other dominions, the charge whereof is to be borne by the commonwealth; and taking notice of the indisposition of the lord admiral, which disables him, at this time, from commanding the fleet in his own person, did thereupon recommend unto his lordship The Lords refuse to let the Earl of Essex, &e. wait on the King at York.] March 28. The earl of Essex, lord chamberlain, and the earl of Holland, groom of the stole, exhibited Letters from the king, commanding them to 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 consi-the earl of Warwick, a person of such ability deration, 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 regard that great and weighty affairs of the kingdoin were then in agitation." and quality, as in whom they might best o Conference concerning an intended Petition from Kent.] A conference was held this day between the two houses; when the commons informed the lords, That a Petition had been 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 the assizes, at Maid- The Earl of Bristol and Judge Mallet stone, the 25th of March last, and consisted, to amined touching the Kentish Petition; the best of his memory, of these particulars: committed to the Tower.] A copy of "That the government of Bishops might still Kentish Petition was produced in the house remain, they being as antient as Christianity lords by the earl of Bristol, who said he d in England: that the Liturgy and Common it delivered to him by Judge Mallet. Th Prayer might still remain: that such might be being read, which was no more than an punished who either absent themselves from largement on the foregoing heads, the earl it, or speak against it; and that all ministers ashed, Whether he had taken a copy of and people might be brought into this uniform- Petition? who answering, Yes, he was co ity: that no Order should issue out of either manded to withdraw. Then Mr. Justice M house, to oblige the people, unless it was an let was examined, who said, "That he h act of parliament: that no Order should issue the Petition from sir Geo. Strode, and that is concerning the Militia, from either house, with-shewed it to the earl of Bristol, who took a out the king's hand to it: that they would presently apply themselves to his majesty's Message 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 be pleased to establish the privilege of parliament, and the king's regal power. Lastly, That sir Edw. Dering pressed, with great earnestness, to have 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 Twisdell, 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. m. | copy of the same." Hereupon the lords taking this affair into consideration, conceived that the judge had committed a great offence, cor trary to his duty, as judge of the assize, and an assistant to this house, in not revealing Petition to them till he was forced to it. A after a long debate, the question was ps, Whether there were not some words, in ta petition, scandalous, dangerous, and tendig to sedition? it passed in the affirmative. La wise the earl of Bristol, because he had that Petition delivered to him, being of so dar gerous a consequence, and took a copy of without doing his duty in acquainting the hour of lords therewith, was committed to the Tower, for the present, until this business should be further examined. The earls of Bath, Dover. Portland, Monmouth, with the lords Mowbray Grey, Howard, and Capel, dissenting. Judg Mallet, also, underwent the same sentence. March 29. A Message from the king the lords was read, importing only his dest that the earl of Leicester, lord lieut. of In land, should be sent over, immediately, to that ingdom, in order to comfort and encourage is good subjects there, on their late success, nd strike the more terror into the rebels, &c. which, after a conference with both houses, as denied. The lord Seymour having been sent to by me king, as a knight of the garter, to attend he king at York, on St. George's feast, and he etting forward on a former leave of absence rom the house, a post was sent after him, with n order to bring him back. The gentleman sher of the black rod, having received the ke summons, the lords ordered, That he hould attend his charge and duty to the house, ccording to his place. things were committed by the said Benyon, &c." This is the substance of the Charge against Mr. Benyon: 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, "Sheweth, That the city of London hath, time out of mind, enjoyed the ordering of their own arms, which hath successively been annexed to the mayoralty for the time being; the lord mayor having always been a person of Bill of Tonnage and Poundage passed.] worth and quality, and of their own choice, his day the bill of Subsidy on Tonnage and hath ever advised with the court of Aldernd Poundage, &c. was passed by commission, men in the execution thereof: so that if the nd was the last of that kind this king ever same should be conferred on others, we humbly ad granted. Some reasons were likewise conceive it would not only be a personal disrawn up and agreed to be sent to the honour to the lord mayor, but also reflect ing, for not permitting his great officers of upon the government and customs of the city ate, and privy counsellors, to attend him at of London, granted to the citizens by the great charter of England, and confirmed by divers Impeachment of George Benyon for contriv-acts and charters since that time; and which ga Petition against the Ordinance for the filitia, &c.] March 31. This day, at a conrence, the commons exhibited the following rticles of Impeachment against George Benon, citizen of London, for several High Crimes ad Misdemeanors: ork. every freeman of the said city is, by the oath of his freedom, bound to maintain to the uttermost of his power. This hon. assembly may be pleased to take into consideration, that an alteration in the ancient government of this renowned city, may breed greater distractions and inconveniences, than, for the present, can be discerned, or, in the future, can be amended. Wherefore, our humble desire is, That since this government hath, by experience, been found for the honour of his majesty, the good of the city and the whole kingdom; and that, in the most troublesome time, it hath been adinired and commended by strangers, before any other city in the known world, that the same, by your honourable favour, may be continued without any alteration. And they shall pray, &c." "That he, the said George Benyon, being a an of power and credit in the city, and well nowing the present distractions and disorders f the times, had endeavoured to make a divion between the king and parliament, and etween the parliament and the city, by ickedly and maliciously contriving and formg a false, dangerous, and seditious Petition, a behalf of himself and other citizens, and resented to hoth houses of parliament, &c. That the said Benyou, by false and sinister ersuasions, procured divers citizens to Subcribe their hands to the said petition, contrary This Petition being read, the Charge was their intent and true meaning, &c. Also, farther aggravated against Mr. Benyon, by obhat the said Benyon did give out and utter serving, 1." That he was a man of a turbulent livers bold and arrogant speeches, in deroga-spirit, and a fit person to act such a mischief. ion and contempt of the privileges of purlia- A citizen and freeman of London, which is the nent, and the peers therein assembled; swear-metropolis and epitome of the whole kingdom; ng, by God, that he would make the bill of the strength whereof is in the common protections pass, or there should not be one penny lent to parliament; that be would spend every groat in the Chamber of London, to put down the privileges of the peers, and make them honest; that they might be as liable to arrests as the noblemen of France, Spain, Poland and other foreign countries: That he said he had computed the debts of the lords, and that they owed more than would drive on the greatest trade of the whole kingdom, &c, That, speaking of the parliament, he did falsely and maliciously say, That they much complained of the king's authority and power, and yet they went about to set up an arbitrary government themselves; and they, being 400 in number, would be more grievous than one absolute monarch, All which matters and council: That this plot was like another Trojan horse, full of variety of mischiefs and pestilential designs; according to Machiavel's rule, divide et impera. To divide between the king and his people, the parliament and the city, and the city between itself; like a worm gnawing between the bark and the tree. The circumstances 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 his own sense, and spurns against it. 2. It hath reference to the annihilating and opposing the Ordinance of both houses of parliament, for settling the Militia, the parliament having power of declaring what the law is concerning itself; and |
