"distractions of the kingdom must needs over"whelm it with misery and ruin." 66 of their privileges should qualify them to make new privileges, or that their judgment should create them such, as it was a doctrine never before now The king was not troubled at the receipt of this heard of, so it could not but produce all those petition, glad that, since they could not be brought monstrous effects we have seen; when they have to such a degree of reasonableness, as might make assumed to swallow all the rights and prerogative up all breaches, they would be so peremptorily unof the crown, the liberties and lands of the church, reasonable as might probably sever those from the power and jurisdiction of the peers, in a word, them, who were not as desperate as themselves; the religion, laws, and liberties of England, in the and he hoped, that when the people should observe bottomless and insatiable gulph of their own privi- that this grasping of the militia of the kingdom into leges; and no doubt will determine this digression their own hands, as an expedient for the composto be the most unparalleled and capital breach of ing their high-grown fears and jealousies, was no those privileges, that had ever yet been attempted. more than they desired the summer before, when In the address, which the house of commons sir Arthur Haslerig brought in his bill into the prepared for acknowledgment of the king's grace house of commons, which is before remembered, and favour in his message of the twentieth of Jan- when that title of fears and jealousies was not disuary, they had desired, that for a ground of their covered; and when the peers should observe, that "confidence, and removal of jealousies, that they the house of commons insolently demanded, by might apply themselves to give his majesty satis- their own single suffrage, the deputing men to that "faction in the method he proposed, his majesty prodigious trust, they would both conclude, that "would presently put the Tower of London into those immodest askers were not only fit to be denied, "the hands of such a person, as both houses but reformed: yet believing that real and just fears "should recommend to him:" in which the lords would grow up, to discountenance and suppress differed with them; as well for that the disposal of those imaginary ones, his majesty vouchsafed a the custody thereof was the king's peculiar right very soft and dispassionate answer to that petition; and prerogative, as likewise that his majesty had and told them, "that he hoped his gracious mescommitted the charge thereof to sir John Byron, sage would have produced some such overture, a person of a very ancient family, an honourable " as, by offering what was fit on their parts to do, extraction, good fortune, and as unblemished a "and by asking what was proper for him to grant, reputation as any gentleman of England. The " might have begot a mutual confidence in each commons, much troubled that the lords should" other. Concerning the Tower of London, that again take the courage to dissent from them in "he did not expect, having preferred a person of any thing, resolved to press the king upon their a known fortune, and unquestionable reputation, own score, and to get the recommendation of so "to that trust, that he should have been pressed great an officer to themselves. "to remove him without any particular charge ob" jected against him: however, that if, upon due examination, any particular should be presented "to him, whereby it might appear he was mistaken " in his good opinion of that gentleman, and that "he was unfit for the trust committed to him, he "would make no scruple of discharging him; "otherwise, he was obliged, in justice to himself, "to preserve his own work, lest his favour and good opinion might prove a disadvantage and "misfortune to his servants, without any other "accusation; of which he hoped his house of commons would be so tender, as of a business, "wherein his honour was much concerned, as, if they found no material exceptions against that "person, they would rather endeavour to satisfy and reform the fears of other men, than, by com"plying with them, press his majesty to any thing, "which did so much reflect upon his honour and justice. 66 66 66 66 66 66 And therefore on the six and twentieth day of January, they sent a petition to him in the name of the knights, citizens, and burgesses, of the commons' house assembled in parliament; in which they took notice" of the gracious message from "his majesty of the twentieth instant, for which they returned most humble thanks, resolving to "take it into speedy and serious consideration; "and said, to enable them with security to discharge their duties therein, they had desired the "house of peers to join with them in humbly beseeching his majesty to raise up unto them a sure ground of safety and confidence, by putting the Tower, and other principal forts of the kingdom, "and the whole militia thereof, into the hands of "such persons as his parliament might confide in," "and as should be recommended unto him by both "houses of parliament; that, all fears and jealousies being laid aside, they might with cheerfulness" proceed to such resolutions, as they hoped [would] lay a sure foundation of honour, greatness, and glory to his majesty, and his royal posterity, and of happiness and prosperity unto "his subjects, throughout all his dominions; "wherein the house of peers had refused to join" "with them. But they, notwithstanding, no way discouraged, but confiding in his majesty's goodness to his people, did therefore make their "humble address to him to beseech him, that the "Tower of London, and other principal forts, and "the whole militia of the kingdom, might be put declare, that he should not be induced to express "into the hands of such persons as should be "that favour so soon to any persons, as to those "recommended to him by the house of commons; "whose good demeanour should be eminent in, or "not doubting but they should receive a gracious to his parliament. And if he then had, or should "and speedy answer to that their humble desire," at any time, by misinformation, confer such a "without which, in all human reason, the great "trust upon an undeserving person, he was, and 66 66 66 "would always be, ready to leave him to the "wisdom and justice of his parliament. 66 66 "For the militia of the kingdom, which by the "law was subject to no command but of his majesty, and of authority lawfully derived from him, he said, when any particular course for ordering the same should be considered, and digested, and proposed to him, he would return "such an answer as should be agreeable to his honour, and the safety of his people, he being "resolved only to deny those things, the granting "whereof would alter the fundamental laws, and endanger the very foundation, upon which the public happiness and welfare of his people was "founded and constituted, and which would "nourish a greater and more destructive jealousy "between the crown and the subject, than any "of those, which would seem to be taken away by "such a satisfaction. 66 66 "He said, he was not willing to doubt, that his "having granted more than ever king had granted, "would persuade them to ask more than ever subjects had asked: but if they should acquaint him "with the particular grounds of their doubts "and their fears, he would very willingly apply "remedies proportionable to those fears; for he "called God to witness, that the preservation of "the public peace, the law, and the liberty of the subject, was, and should always be, as much "his care and his industry as of his own life, or "the lives of his dearest children. 66 "And therefore he did conjure them by all the "acts of favour they had received from him "this parliament, by their hopes of future happiness in his majesty, and in one another, by "their love of religion, and the peace of the king"dom, in which, he said, that of Ireland was "included, that they would not be transported by jealousies, and apprehensions of possible dangers, to put themselves, or his majesty, into "real and present inconveniences; but that they "would speedily pursue the way proposed by his "former message, which, in human reason, was "the only way to compose the distractions of the "kingdom, and, with God's blessing, would re"store a great measure of felicity to king and 66 people." 66 This answer being not only a denial, but such an expostulation as would render their counsels of less reverence to the people, if upon those reasons they should recede from what they had with that confidence, and disdain of the house of peers, demanded of the king; and therefore they resolved to set up their rest upon that stake, and to go through with it, or perish in the attempt. And, to this purpose, they again muster up their friends in the city, and send their emissaries abroad, to teach the people a new language. All petitions must now desire, "that the kingdom might be put into a posture of defence, and nothing else would serve to defend them from the many plots and conspiracies against them, or secure them from "their own fears and jealousies." More petitions were presented to the house of commons by some citizens of London, in the name of those merchants, that usually traded to the mint with bullion; who pretended "that their fears and jealousies were so great, that they durst not carry their bullion "to the Tower, being not satisfied with the present "lieutenant of the Tower; and therefore desired "that he might be removed;" and to that purpose; 66 66 whereas in truth there was at that time, and from the time that that gentleman was lieutenant, more bullion brought in to be coined, than in the same time for seven years before; neither was there one man of those who subscribed that petition, who ever brought pound weight of bullion to the mint in his life. So that these cheats were too gross to do their business by, and they were quickly supplied with more powerful arguments. They had wholly undertaken the managing of the war in Ireland, and really, for many reasons, neither did use, nor desired to use, any great expedition in that work; yet having with great industry infused into the minds of the people at least a suspicion that the court favoured that rebellion, they always made use of the slowness in those proceedings to the king's disadvantage. About that time, they had desired the city to furnish them with one hundred thousand pounds, for the levying and accommodating forces to be sent into that kingdom, which gave the common council, where such loans were always transacted, opportunity to return their opinions, and advice upon the general state of affairs. They said, " they could lend no more money by reason of those obstructions, "which threatened the peace of this kingdom, and "had already rendered that even desperate: that "the not passing the bill [against] pressing of soldiers, which still depended with the lords, upon those reasons formerly mentioned at large, put many men into fears, that there was some design rather to lose that kingdom, and to consume this in the loss of it, than to preserve either "the one or the other; and that the rebels were grown so strong there, that they made account speedily to extirpate the British nation in that kingdom; and that they intended then, as they already bragged, to come over, and make this "the seat of the war. 66 66 "That the not putting the forts into such hands, "in whom the parliament might confide, the not "settling the kingdom in a posture of defence, the "not removing the present lieutenant of the Tower, "and putting such a person into that place, as " might be well approved by the parliament, could "not but overthrow trading more and more, and "make monies yet more scarce in the city and kingdom. That the misunderstanding between "the king and parliament, the not vindicating the privileges thereof, the charging some members "of treason to the deterring of others from discharging their duties, and to the destroying the very being of parliaments, did exceedingly fill "the minds of men well affected to the public, "with many fears and discouragements; and so "disable them from yielding that cheerful assistance, which they would be glad to afford. That by means of these there was such a decay of trading, and such scarcity of money, neither of "which could be cured, till the former evils were ❝removed, as it was like, in very short time, to "cast innumerable multitudes of poor artificers "into such a depth of poverty and extremity, as "the king; and that they were still continued by means of the votes of bishops, and popish lords, "in the house of peers. And so having faithfully "represented, they said, the true reasons, which really enforced them to return that answer, they "craved leave to protest before God and the high "court of parliament, that if any further miseries "befell their dear brethren in Ireland, or if any "mischief should break in upon this kingdom, to "the endangering or disturbing [the peace] there"of, it ought not to be imputed to them, but only "to such, who should endeavour to hinder the "effectual and speedy cure of those evils before "recited, which did so much disable and discourage "them from doing that which the house had "desired of them." 66 66 66 66 66 66 part of the misery, they could have none in the guilt or dishonour." He told them, "there was a great obstruction "in trade, which brought food and nourishment to "the kingdom; and then having enlarged himself "with enumeration of the notable benefits the kingdom received by the fulness of trade, he "said, he must protest, the house of commons "had given no cause to that obstruction: they had "eased trade of many burdens, and heavy taxes, "and had freed it from many hard restraints by patents and monopolies; they had sought to put "the merchants into security and confidence in respect of the Tower of London, that so they might be invited to bring in their bullion to the mint, as heretofore they had done; they were no way guilty of the troubles, the fears, and public dangers, which made men withdraw their stocks, "and keep their money by them, to be ready for such sudden exigents, as, in those great "distractions, they had too great cause to expect. "There was an obstruction, he said, in the "relief of Ireland; but he must declare the commons were altogether innocent of any neg“lect therein; they had agreed to the levies of men and money, and, from time to time, done "all for the furtherance thereof, though in the "midst of many distractions and diversions; but "the wants of commissions for levying men, that was the bill [about] pressing, and divers other impediments, had been the causes of that ob"struction. Nay, he said, he did not only find impediments to themselves, but encouragement "to the rebels; for many of the chief commanders now in the head of the rebels, after both houses "had stopped the ports against all Irish papists, "had been suffered to pass, by his majesty's im"mediate warrants, much to the discouragement "of the lords justices and council there, and "were procured by some evil instruments too near "his royal person, and, they believed, without his knowledge and intention." 66 66 66 66 At the same time were presented other petitions, subscribed by many thousand hands, and in the names of the knights, gentlemen, and freeholders, and other inhabitants, of the counties of Middlesex," Essex, and Hertford; all which severally inveighed against the malignant party, which rendered the good endeavours of the house of commons fruitless; desired that the votes of the bishops, and popish lords, might be taken out of the house of peers; "that they might be put into a posture of defence," "and the forts, and castles of the kingdoin, into "such hands as the parliament might confide in; "that so Ireland might be relieved, and this king"dom made happy one of them adding, that the malignant party of prelates and papists, and their" "adherents, were inconsistent with the happy success of the parliament." These petitions, and the answer of the common council of London, were thought ample materials for a conference with the lords, who might be thereby remembered of their duty; and to that purpose Mr. Pym delivered them at a conference, and after they were read, told them, "that their lordships might in those petitions hear "the voice, or rather the cry of all England; " and that they were not to wonder if the urgency, "the extremity of the condition we were all in, did" produce some earnestness and vehemency of expression more than ordinary; the agony, terror, " and perplexity, in which the kingdom laboured, was universal, all parts were affected with it; " and therefore in those petitions they might observe the groans and miserable complaints of all." After a long discourse of the great and notorious dangers the kingdom was in, by invasions threatened from abroad, and insurrections from within, he told them, "the obstructions, that had brought "them into that distemper, were principally the "obstruction of reformation in matters of religion, He told them, "the evil influences, which had " and that there was never church or state afflicted" caused that distemper, were the evil councils "with more grievances of that kind, than we had "about the king, the great power, that a factious "been; and that though they were partly eased and" and interested party had in parliament by the "diminished by the wisdom of the parliament, yet "continuance of the votes of the bishops, and still remained; and as long as the bishops, many popish lords, in their lordships' house, and the "and the corrupt part of the clergy, continued in taking in of others out of the house of commons, "their power, there would be little hope of free- "and, otherwise to increase their strength, the "dom, either from the sense of those that conti- fomenting a malignant party throughout the "nued, or the fear of those which were removed. kingdom, the jealousies between the king and "And of that obstruction, he said, he must clear "his parliament." And after many bitter and "the commons, who were in no part guilty of it. seditious expressions of the court, and of all those "Some good bills they had already passed, and who were not of his mind, he concluded, "that he "others were in preparation, and might have been passed before that time, if they had not found "such il success in the other [house]: whatsoever mischief that obstruction should produce," they were free from it; they might have their He said, "there was an obstruction in providing for the defence of the kingdom, that they might be enabled to resist a foreign enemy, "and to suppress all civil insurrections: what " endeavour they had used to remove them, but "hitherto without that success and concurrence "which they expected, and where their stop had "been, and upon what grounds they might pro"claim their own innocency and faithfulness in "that particular, they desired no other witnesses "but their lordships.' had nothing to propose to their lordships by way of request or desire from the house of com66 mons; he doubted not, but their judgments would tell them what was to be done; their "consciences, their honours, their interests, would 66 66 "call upon them for the doing of it. The commons would be glad to have their help and concurrence in saving of the kingdom; but if "their lordships should fail, it should not dis66 courage them in doing their duty; and whether "the kingdom be lost, or saved, they should be sorry, that the story of this present parliament "should tell posterity, that, in so great a danger "and extremity, the house of commons should "be enforced to save the kingdom alone, and "that the house of peers should have no part "in the honour of the preservation of it, they having so great an interest in the good success "of those endeavours, in respect of their great estates, and high degrees of nobility." 66 As soon as this conference was ended, the speaker of the house of commons was appointed to give Mr. Pym solemn thanks for his so well performing that service, and to require him to deliver his speech in writing into the house, to the end it might be printed; which was done accordingly, to the end that the people might understand, besides those reproaches upon the king, how negligent the house of peers were of their welfare and security. 66 The same day and hour after that conference, a great number of people, in the name of the inhabitants of the county of Hertford, presented a petition to the house of peers; in which, amongst other particulars, they complained of the delay "of putting the kingdom into a posture of war "for their better defence, and the want of compliance by that honourable house with the house "of commons in entertaining those many good motions, and passing those necessary bills pre"sented to them from that house for the common good. And therefore they desired them, for the "better removing of all the causes and springs of "their fears and troubles, that the evil counsellors, "and others hindering the public good, might "be taken from his majesty, and the voting of "the popish lords and bishops removed out of "that honourable house: and that the petitioners, "who would be ever ready to hazard their lives "and estates for the defence of the king and parliament, the privileges of the same, and in spe"cial those noble lords and gentlemen in both houses, whose endeavours were for the public good, might have liberty to protest against "all those, as enemies to the kingdom, who re"fused to join with those honourable lords and "the house of commons, for the putting the king"dom into a way of safety, under the command "of such persons, as the parliament should ap"point." But neither this, nor any of the other proceedings were resented by the house of peers, though their privileges were not only invaded, but the very freedom and liberty of parliament were absolutely taken away and destroyed thereby. When the house of commons found that none of these extraordinary ways would throughly subdue the house of lords, but that, though they had very sturdy champions there, the major part, albeit the bishops and all the recusant lords were driven from thence, still opposed them, whereby neither the bill for the taking away the bishops' votes, nor [about] pressing, could pass, and that they peremptorily still refused to join in the business of the militia; they found a new way, as unpractised and as unnatural as any of the former, whereby they would be sure to have an influence upon the house of peers. It is an old custom, and privilege of that house, that upon any solemn debate, whosoever is not satisfied with the conclusion and judgment of the house, may demand leave to enter his protestation, which must be granted. The original of this was in jealous times, when men desired, for avoiding the ill consequence of any act there, that their dissents might appear; and was very seldom practised, but when they conceived religion, or the crown, trenched upon; insomuch as you shall not find, in the journals of many parliaments, one protestation entered; and when there was any, there is no more in the records, than, after the resolution of the house is entered, and the number of those that were content and not content, "that such a "lord desired that his protestation, that is, dissent might be entered;" and oftentimes when ten have dissented from the general opinion, not above one hath entered his protestation. But since this parliament, as they altered the custom from cases of high concernment to the most trivial debates, the minor part ordinarily entering their protestation, to the end that their opinions might be taken notice of, and who were opposite to them, whereby the good and bad lords were known and published; so they altered the form, and, instead of short general entries, caused the matter of the debate to be summed up, and thereupon their protestation, "that they were not to be answerable "for any inconveniencies or mischiefs, that should "befall the commonwealth by reason of this or "that resolution." So that from an act, for the particular indemnity of the person that made it, it grew to be a reproaching and arraigning the sense of the house by any factious number that disagreed. Then, because the house of peers is a court of record, they concluded, "that any man 66 upon any occasion might peruse their journals;" and so every night the house of commons could see how the debates had been managed and carried all the day, and take public notice, and make use of it accordingly, which they could not do of those discourses they received from their confidents; for supplying whereof this trick was most unjustifiably found out. For though it is a court of record, the highest court, and the acts and judgments of parliament are records, to which the subject may upon all occasions resort, yet they have not liberty to examine and peruse their journal books, much less question any words spoken, or act done, and remembered there; of which if they are not the only judges, their privileges are much less than the commons in truth have, and may justly claim. It happened, about this time, that upon some overture in the lords' house, which pleased them not, the violent party there, in a disorderly manner, cried out, Adjourn, adjourn, being not willing the matter should then come into debate; others were not willing that the house should adjourn. The duke of Richmond, troubled at that tumultuary and indirect proceeding, said, without directing himself to the speaker, "if they would adjourn, "he wished it might be for six months," or words to that effect; upon which some of the other party straight moved," that the house might not rise, "and that the duke might explain himself, and answer the making such a motion, as, being granted, would be destructive to the common"wealth." The duke said, "he made no motion, "but used that expression, to shew his dislike of "the other motion to adjourn at that time, when "there was business in agitation of great concernment; and that, when he spoke, all men being upon their feet, and out of their places, he con"ceived the house had been up."Upon this he was required to withdraw; and then they, who had long looked upon him with great envy and animosity, as the only great person, and officer at court, who had contemned their power, and their stratagems, [and] had with notable courage always opposed their extravagances, and servile complying with the house of commons, and submitting to the tumults, and had with singular constancy preserved his duty and fidelity to his majesty unviolated, inveighed against the motion, as of too "serious a nature to be made a jest of, and fit to "be censured as most pernicious to this kingdom, "and destructive to Ireland; the war whereof "could not proceed, if the parliament should have "been adjourned for six months, as his lordship "had proposed." 66 66 66 " affection was to be questioned in religion; that, "from the beginning of this parliament, he had "been opposite to all their proceedings, and was an enemy to reformation; that he had vehemently opposed the attainder of the earl of Strafford; was a friend to bishops; and now, to prevent any possibility of reformation, which could not "be effected without the concurrence of the two "houses, had desperately moved in the house of " peers, where he had a great faction, that it would adjourn for six months; in which time the malignant party, of which he might well be thought the head, and had the greatest influence upon the king's affections, would prevail so far, "that all future hopes would be rendered des"perate, and the kingdom of Ireland be utterly "lost, and possessed by the papists: that they 66 were therefore to take this opportunity, which "God had given them, to remove so malignant "and dangerous a person from the king, and so suspected a one, from so important a charge as the cinque ports, of which the duke was "lord warden, and to send to the lords to join "with them in a desire to the king to that purpose." 66 liberty of speech; and where there were so dif"ferent minds, there must be different expres"sions; and if one house might take notice what the other house said, or did, within those walls, "the lords would as well question their members, as they did now one of the lords; which would "take away all freedom of debate: that they could "not examine the circumstances, which attended "that motion, if any such was made; and there"fore could not so much as, in their private un On the other side, it was alleged, "that the "motion had never been made to the house; and "therefore they ought no more to question, or "take notice of it, than of every light or frolic "discourse or expression, that negligently or casually fell from any man; which would take away all liberty of conversation. However, that "if it had been seriously and formally made, it "could be no crime, it being the necessary liberty "and privilege of every member, to make any "motion he thought in his judgment fit, which "the house would approve, or reject, as it found "reasonable. And that, since it was as much in "the house's power to adjourn for six months," as for six days, it was as lawful to move the one 66 as the other; of which there could not be the "least inconvenience, because the house would be sure to reject it, if it were not found proper.' After a very fierce and eager debate, in which much bitterness and virulency was expressed, it was resolved by the major part, "that the duke derstandings, make a reasonable judgment of it; "had committed no offence;" and so he was as "but that they were naturally to presume the cirregularly absolved as was possible. Hereupon "cumstances were such, as took away the offence the earls of Northumberland, Pembroke, Essex," of the motion; for that the major part of that Holland, who thought the duke's affection and duty to his master a reproach, and his interest prejudicial to them, with the rest of that party debate, concluded, that there was no crime in entered their protestation; "that whereas such a "them; and that they were not only the proper, "motion had been made by the duke of Rich- "but the only judges in that case: and if the commond, and upon being questioned for the same, mons should intermeddle therewith, it was no "he had been acquitted by the major part, they "otherwise, than, by the strength of the major were free from the mischiefs or inconveniences," part of the house of commons, to make the minor "which might attend the not punishment of an part of lords superior to the major part of that "offence tending so much to the prejudice of king "house; which they would not suffer to be offered "or kingdom." "to themselves." This protestation, by the advice of that night's meeting, was, the next day, taken notice of in the house of commons, and the matter itself of the motion extended by all possible and rhetorical aggravations, concerning the person, and his interests, according to the license of that house, and that people. It was said, "here was an evil coun"sellor, that had discovered himself, and no doubt I had been the author of many of those evil counsels, which had brought that trouble upon us; "that he had received his education in Spain, and "had been made a grandee of that kingdom, and "had been ever since notoriously of that faction; "that his sisters were papists, and therefore his |