That only, for the reasons before specified, to have it in writing, which was delivered to they may not yet be made and consecrated, till his majesty accordingly: but the commons resuch time as all things for the well government ceiving no preseut Answer, ordered that halof the church be fully concluded and settled, berts should be provided, and brought into the which God grant; that having reformed all dis-house, for their own better security; which was orders, both in church and state, we may every done, and the said halberts stood in the house one sit securely under his own vine and fig-tree, for a considerable time afterwards. and reap and enjoy the fruit of his own labour.' The Commons petition the King for a Guard.] Dec. 31. The commons finding that the lords would not join with them, in petitioning the king for a Guard, this day resolved to do it by themselves accordingly seven of that body, of which Mr. Hollis was to be their Speaker, were ordered to attend his majesty, and deliver to hin the following message: Mr. Pym's Speech, at a conference, against Lord Digby.] Dec. 31. At a conference this day with the lords, about an Information the commons had received of the lord Digby's having, in a speech, reflected on their proceedings, Mr. Pym spoke as follows. My Lords, The knights, citizens, and burgesses of the house of commons, now assembled in parliament, have commanded me to present to your lordships this Information which they have received against the right hon. George lord Digby, of such dangerous consequence, that, if not prevented, evil and troublesome events may ensue, to the great hazarding the peace of this kingdom, and a great hinderance of the happy proceedings of this parliament. My lords, I Most gracious sovereign; We are sent by the knights, citizens, and burgesses of the house of commons, your faithful and loyal subjects, who are ready to lay down their lives and fortunes, and spend the last drop of their blood, to maintain your crown and royal person in greatness and glory; and do, by us, cast themselves down at your royal feet, to present unto your majesty their humble desires upon their great appre-humbly crave your patience to declare to your hensions and just fears of mischievous designs and practices to ruin and destroy them.-There have been several attempts, heretofore, to bring distraction upon their whole body at once, and threats and menaces against particular persons: there is a malignant party, bitterly invenomed against them, daily gathering strength and confidence, and now come to such height, as they have given some the boldness to embrue their hands in the blood of your subjects, in the face and at the doors of the parliament, and at your majesty's own gates; and have given out insolent and menacing speeches against the parliament itself. This causeth great distractions amongst the people in general, and such fear and apprehension in the commons, that, they conceive, they cannot, with the safety of their persons, (upon which the safety and peace of the whole kingdom doth now depend) sit any longer unarined and unguarded as they are: they have therefore their recourse unto your majesty, most humbly beseeching you, that it may stand with your good liking, if they provide for their own safety; which the very law of nature and reason doth allow unto them. It is their humble desire, that they may have a Guard out of the City of London, commanded by the carl of Essex, lord chamberlain of your majesty's household, of whose fidelity to your majesty and the common-wealth, they have had long experience. By this your majesty's grace and favour, you will remove their fears, fill them with comfort and assurance, and enable them to serve your majesty in such a way, as shall render your majesty and your government happy and glorious. And to this they do most humbly desire your majesty's gracious and speedy Answer, because their safety and the safety of the whole kingdom, depends upon it, and will not admit of any delay." The substance of this Message being first delivered by word of mouth, the king desired lordships what I am commanded concerning the said Information, which is, That he, the said lord Digby, should give forth report, upon reading the late Petition and Protestation of the 12 Bishops, That the present parliament was a forced one; and that the Acts, Votes, and Laws that should be enacted therein, without the votes and assents of the bishops, are void and of none effect, and not binding to the subject.' My lords, this report is of great danger to the state, if proved against the said lord, in these three respects, 1. It is a great breach of the rights and privileges of parliament. 2. It intrencheth much on the prerogative of the king, and abridges his royal power. 3. It is the first step to bring into this state an arbitrary and tyrannical form of government.-First, my lords, it is a Breach of the Privileges of Parliament, for these reasons: 1. It is against the free votes of parliamentary proceedings; which ought to be reserved and unquestionable during the free sitting thereof. 2. It is against the late act of parliament, in that case made and provided, for not adjourn ing or abrupt breaking up of the same. This act, iny lords, was freely voted by both houses; freely and willingly passed by his majesty, without any force or compulsory means used by any, or private working of any of the members of either houses to induce his majesty to do the same: an act voted as well by the said lord, as the rest of this hon, house. This report, therefore, of his must needs be against his knowledge and former free consent in passing that act. 3. One privilege of parliament, and that is one of the greatest, is to accuse and freely proceed to the punishment of delinquents that have caused the troubles in this state, both in church and common-wealth. This report is against this privilege; it opposes * From the Manuscript last mentioned. that in respect of the power and wisdom thenof. It is upholden, defended, and preserved by the whole body of the kingdom; therefre powerful: The members thereof are me elected, one out of ten thousand, by the phot state; therefore esteemed wise: then to pose the proceedings, and deny the gotta ment thereof, is to change the same; and, i changed to another form, (none being so secure, so powerful, and so wise) it must needs te arbitrary, and so tyrannical. 2. If no he can be binding to the subject, but such as a voted and assented to by the bishops, thei none can be expected but such as are dens tive to the state; their affections being aa ceedings, and their designs only agitatedia the opposing the government thereof; and cannot but daily fear the utter confusion of the same thereby.-Now, my lords, having foiled the command of the commons, in speaking some thing of this Information, I am to desire pr lordships, in their name, that the said Ge lord Digby may answer the said Information, otherwise be proceeded against as the pana ment shall think fit."-Whether any ces passed against the lord Digby, on this occasi does not appear by the Journals of ea house: but the resentment of the com mons against him will appear, fully, in tie, sequel. altogether our proceedings against the Bishops, accused as the greatest delinquents, both in church and state: for, my lords, if the parliament is forced in the absence of the bishops, how may then the parliament proceed lawfully against them? If the bishops sit and have their votes, although delinquents, in parliamcut, how can we proceed, I beseech you, against their votes? Therefore, under favour, I conclude this report of the said lord is against this privilege of parliament. 4. To redress the grievances of the common-wealth, is a privilege of parliament. This report is against this privilege. How, I pray you, my lords, can our grievances be redressed, when the oppressions, injustice, and vexatious troubling of his ma-gether averted from free parliamentary pr> jesty's loyal subjects, by the Bishops, may not be called in question, nor the misdocrs therein prosecuted and punished for the same? 5. This report is against divers acts of parliament of this kingdom, that have been made without the voice of bishops in parliament, as is on record in the Parliament Rolls.-Secondly, my lords, this report intrencheth on the Royal Power, and Prerogative of the king, and that in two respects: 1. His royal prerogative, in making and enacting laws by parliament; it resting only in his power, to pass or refuse the votes of parliament. My lords, the king of this realm has the greatest prerogative (to require the counsel and assistance of the whole state, upon any occasion whatsoever, when it pleaseth him) of any prince in the world, except the king of France: and, under favour, my lords, I conceive a parliament cannot be termed forced, when it is freely called, and willingly continued by the king. I conceive, my lords, The King's Answer to the Commons' Petilia a forced parliament is, when, against the free for a Guard.] Jan. 3. The commons re consent of the king and his lords, without law-ceived from the king the following Answer | ful calling by writ, men assemble themselves; their last Petition for a Guard : and, by force of arms, sit in council and enact laws, not tending to the welfare of the king-you, touching your desire of a Guard, into o dom. The parliament holden in the 14th of serious consideration; and truly, with ges Edw. 2. was a forced parliament; the barous grief of heart, that (after a whole year's sing coming thither with horse and arms, and com- of parliament, wherein you have obtained the pelling the king to pass what they thought things, for the happiness and security of you proper to have enacted. 2. My lords, this re-selves, and the rest of our subjects, as no port entrencheth on the royal power of the king in making of laws; for, as before I have touched, parliaments have, without bishops, made and enacted laws. By this supposition, my lords, that laws, made without bishops, are roid; bishops, be they never so vile and disaffected to the tranquillity and security of the state, yet must have votes in rectifying and setting in order such things as are amiss in the same, as well by their own procuring as others which is not then likely to take any good effect: pay, it is too apparent they have been the greatest opposers of our proceedings in this parliament, and the chief cause why no more is done by the same-Thirdly, this report is the first step to bring in an arbitrary and tyrannical form of government; and that, under favour, for these reasons: 1. Free parliaments are the securest and safest government that ever could be found for this nation; and : Thus ends the Calendar Year 1611; but th Journals of both Houses, with the Stan Books, continuing it to March 25, we shal fe low that course, as we have hitherto throughout this History. "We have taken the last Message ima can equal) instead of reaping, in peace tranquillity, the fruits of your labours, and our grace and affection to our people, should find jealousies, distrusts, and fears stil so prevalent among you, as to induce y to declare them unto us, in so high a measur as you have done at this time. We are wh ignorant of the grounds of your apprehens but this we do protest before Almighty God. (to whom we must be accountable for that whom he hath intrusted to our care and pr tection) that had we any knowledge or bad of the least design in any, of violence, eitt formerly or at this time, against you, we w pursue them to condign punishment, with the same severity and detestation, that we w do the greatest attempt upon our crown. know the duty of that place where God ch set us, the protection we owe to all our lov subjects, and most particularly to you, call We our service by our writs; and we do engage to you solemnly the word of a king, that the curity of all, and every one of you from vionce, is, and shall ever be as much our care, the preservation of us and our children, nd, if this general assurance shall not suffice remove your apprehensions, we will comand such a Guard to wait upon you as we 1. be responsible for to him, who bath inarged us with the protection and safety of r subjects." them lay, by force and terror, to compel the parliament to join with them in their traiterous designs; and, to that end, have actually raised and countenanced tumults against the king and parliament. VII. That they have traiterously conspired to levy, and actually have levied, war against the king." Then Mr. Attorney said, "That he was further charged to desire on his majesty's behalf, 1. That a select committee, under a command of secresy, may be appointed to take the examination of such witnesses as the king will produce in this business, as formerly hath been done in cases of like nature, according to the justice of this house. 2. Liberty to add and alter, if there should be cause. 3. That their lordships would take care for the securing of the persons, as, in justice, there should be cause.' Mr. Rushworth says, that "lord Kimbolton, Impeachment of Lord Kimbolton and five Members of the House of Commons, of High eason.] This day the lord keeper told the use of lords, That he was commanded by e king to let them know, his majesty had wen commands to his attorney general, to acint their lordships with some particulars in him. Hereupon the said Attorney, standgup at the clerk's table, said, " That the g had commanded him to tell their lord-being present in the house, stood up and offered ips, that great and treasonable designs and actices against him and the state had come his majesty's knowledge; for which the ng had given him command to accuse, and did accuse Six Persons of High Treason, d orber high Misdemeanours, by delivery of Articles in writing which he had in his nd, which he received froin his majesty, and 15 commanded to desire their lordships to ve it read:" which Articles were read, in c verba : TICLES OF HIGH TREASON, and other high MISDEMEANOURS, against the Lord Kimbolton, Mr. Denzill Hollis, Sir Arthur Haslerig, Mr. John Pym, Mr. John Hampden, and Mr. William Strode : I. That they have traiterously endeavoured subvert the fundamental laws and governut of this kingdom, to deprive the king of regal power, and to place in the subjects arbitrary and tyrannical power, over the es, liberties, and estates of his majesty's ge subjects. II. That they have traiterously deavoured, by many foul aspersions upon majesty and his government, to alienate affections of his people, and to make his j. odious to them. III. That they have enavoured to draw his majesty's late army to obedience to his commands, and to side th them in their traiterous designs. IV. at they have traiterously invited and enuraged a foreign power to invade his maty's kingdom of England. V. That they ve traiterously endeavoured to subvert the hts and very being of parliaments. VI. at, for the compleating of their traiterous signs, they have endeavoured, as far as in Lord Kimbolton was the eldest son of the of Manchester, and had, some years bee, been called up to the house of lords, by arles I. He had, after this period, a conerable share in the conduct of affairs, as neral of the Parliament forces during the il war. to obey whatever the lords should order; but prayed that, as he had a public charge, he might have a public clearing." Accordingly the lord steward, the lord chamberlain, earls of Bath, Southampton, Warwick, Bristol, and Holland, with the assistance of Mr. Serj. Whitfield and Mr. Serj. Glanville, were appointed a committee to consider precedents and records, touching the regularity of this accusation; whether there had ever been any such proceedings before in this house, and whether Attorney, into this house, against a peer.-—— such an accusation may be brought by Mr. Lord Clarendon adds, "The house of peers was somewhat apalled at this alarm; but took time to consider of it till the next day, that they might see how their masters the commons would behave themselves; the lord Kimbolton being present in the house, and making great professions of his innocence, and no lord being so hardy as to press for his commitment on the behalf of the king." This general silence was the more remarkable, since the noble historian assures us, "That the lord Digby had promised the king to move the house for the commitment of lord Kimbolton, as soon as the attorney general should have accused him, which, if he had done, would probably have raised a very hot dispute in the house, where many would have joined him. On the contrary he seemed the most surprized and perplexed with the attorney's Impeachment; and sitting at that time next the lord Kimbolton, with whom he pretended to live with much friendship, he whispered him in the car with some commotion, (as he had a rare talent at dissimulation) That the king was very mischievously advised; and that it should go very hard, but he would know whence that counsel proceeded; in order to which, and to prevent further mischief, he would go immediately to his majesty;' and so went out of the house: whereas he was the only person who gave the counsel, named the persons, particularly the lord Kimbolton, (against whom less could be said than against many others, and who was more generally be loved) and undertook to prove that the said lord Kimbolton told the rabble, when they were about the parliament house, that they should go to Whitehall." The Commons desire a Conference for the Vindication of their Privileges.] After some other business had been done in the house of lords; a message was brought up, from the commons to desire the lords would be pleased to sit a while, for they should have occasion to confer with their lordships about a Breach of Privilege. This being granted, a conference was held, between committees of both houses; the Report of which was made by the Lord Keeper to this effect: dealt with them to come armed to Whitehal when they shall be required; but they had not condescended thereto. They likewise said they had met with a scandalous Paper, as was pub lished abroad, to the injury of some member of both houses, which contained Articles High Treason and High Misdemeanors, agnel the lord Kimbolton, a member of that house, and others, members of the house of commons, which they desired their lordships to join them in finding out the authors of, and bring them to condign punishment, for so high i breach of the privileges of parliament." Bu nothing was this day resolved on by the loma The King sends the Serjeant at Arms tolm Commons, to arrest the 5 accused Membersy The day before, the king had sent Mr. Fr cis, serjeant at arms, to the house of commos; where, being admitted without his mace, delivered this message; "I am commanded by the king's majest my master, upon my allegiance, that I shou come and repair to the house of comm where Mr. Speaker is; and there to requit Mr. Speaker five gentlemen, members of the house of commons; and that these gentleco being delivered, I am commanded to ar them, in his majesty's name, of High Trea Their names are, Mr. Holles, sir A. Hasler Mr. Pym, Mr. Hampden, and Mr. Wa Strode." "That the house of commons apprehended the parliament to be the great council and the representative body of the kingdom, and both houses are but one body of the realm; the privileges are as the walls, or sinews, of the parliament, which being cut, distraction will speedily follow: That both houses have lately taken a Protestation for the maintenance of their privileges, persons, and goods, a high breach whereof is at this instant; for divers members of the house of commons have their persons assaulted and laid in wait for; their chambers, studies, and trunks have been ransacked and sealed up; as Mr. Hollis, Mr. Pym, and Mr. Hampden; besides, the house of commons understand that there are Guards of Soldiers set so near the parliament houses as Whitehall; which being done without consent of parliament, they hold it as a Breach of Privilege: They therefore desire their lordships would join with them in an humble request to the king, that the Guards at Whitehall may be re-cerned the privilege of parliament, and there moved; and that the parliament may have such a guard as shall be approved on by the king and both houses of parliament. Also the house of commons desire their lordships to join with them in vindicating the Breaches of their Privileges; and, if a guard cannot be obtained, that they desire their lordships to take it into consideration to adjourn to another place where they may sit in security." The lords taking the abovesaid conference into consideration, ordered, "That all the chambers, studies, and trunks, that were scaled or locked, belonging to Mr. Hollis, Mr. Pym, Mr. Hampden, or to any member of parliament, shall be forthwith unsealed and unlocked, and left to their free use and disposure." Ordered, also, "That this house will join with the house of commons, in an humble petition to the king for a Guard, in the same manner as they desired, and that it shall continue as long as the king and both houses shall think fit. Jan. 4. This joint Petition of both houses having been presented to the king, his majesty said, That he would send an Answer to it very speedily.' But the commons being very uneasy, they this day renewed their desires to the lords, to have it done; for this reason, "Because they had received information that divers gentlemen had made their addresses to the gentlemen of the Inns of Court, and have The commons immediately ordered the char cellor of the exchequer, lord Falkland, sir Pha Stapleton, and sir John Hotham, to attend b majesty; and acquaint him, "That this Messe was a matter of great consequence, as it c the privileges of all the commons of Englan That this house will take it into serious c deration, and will attend his majesty, with Answer in all humility and duty, and we much speed as the greatness of the busines will permit: And that, in the mean time, the house will take care that those gentlemen, na tioned in the message, shall be ready to answer any legal charge laid against them.” The Speaker did then, by command of the house, enjoin those five members, particulas, one by one, to give their attendance o house, de die in diem, until further Ordes And, in the afternoon of the 4th, there Memorandum entered, That all the five Mar hers, aforementioned, did appear in the huse. according to yesterday's injunction. Sir John Hotham was ordered to go to lords to desire a free conference concerning Safety of the Kingdom and Parliament; brought Answer back, That the lords wo give a present meeting as was desired.—A Me sage from the lords came down to the commos to acquaint them, 'That, according to the ment between both houses last night, they h sent the duke of Richmond and the lord cla berlain to his majesty, concerning a Guat and that the king's Answer was, "That by *** son of some weighty affairs that were now be fore him, he could not give a present A but did believe that, either to day or to-morrow, he should send it." Some members of the commons having been sent by that house, to inquire into the truth of a report, That the gentlemen of the Inns of Court came to Whitehall, armed; Mr. Brown, one who was sent to Lincoln's Inn, said, 'That the gentlemen told him, they went to court, first upon a general report that his majesty's person was in danger **** king's person; and the door of the house of commons being thrown open, his majesty entered the house, and as he passed up towards the chair, he cast his eye on the right hand, near the bar of the house, where Mr. Pym used to sit; but his majesty not seeing him there, knowing him well, went up to the chair, and said, ' By your leave, Mr. Speaker, I must borrow your chair a little? Whereupon the Speaker came out of the chair, and his majesty stepped up into it. The King comes in person to the House of After he had stood in the chair a while, he cast Commons and demands the 5 Impeached Mem- || his eye upon the members as they stood up unhers.] Jan. 4, p. m. The King came into the covered, but could not discern any of the five house of commous and took Mr. Speaker's members to be there; nor, indeed, were they Chair. easy to be discerned, had they been there, among so many bare faces all standing up together. Then his majesty made this speech: "Gentlemen; I am sorry to have this Occaion to come unto you, ****" Resolve 1, upon the question, That the house shall adjourn itself till to-morrow one of the dock. This is all that is entered in the Journals of he Commons relating to this extraordinary Affair. Probably the great confusion the house vas in, at this juncture, broke off all punctulities in the clerk, and prevented any further ntry about it there: But Mr. Rushworth, then Herk-assistant to the house, is very explicit in is printed Collections: which, to inake the natter as clear as possible, we shall give in his wn words. "Gentlemen, I am sorry for this occasion of coming unto you. Yesterday I sent a serjeant at arms upon a very important occasion, to apprehend some that by my command, were accused of high treason, whereunto I did expect obedience, and not a message. And I must declare unto you here, that, albeit, no king that ever was in England shall be more careful of your privileges, to maintain them to the uttermost of his power, than I shall be; yet you must know, that in cases of treason no person hath a privilege; and therefore I am come to know if any of these persons that were accused He begins with telling us, "That when the are here: for I must tell you, gentlemen, that ive accused members came this day, after so long as these persons that I have accused, linner, into the house, they were no sooner for no slight crime, but for treason, are here, I at in their places, but the house was informed cannot expect that this house will be in the by one captain Langrish, lately an officer in right way that I do heartily wish it; therefore irms in France, that he came from among the I am come to tell you, that I must have them officers and soldiers at Whitehall; and under-wheresoever I find them. Well, since I sce standing by them that his majesty was coming with a guard of military men, commanders and soldiers, to the house of commons, he passed by them, with some difficulty, to get to the house before them, and sent in word how near the said officers and soldiers were come; whereupon a certain member of the house having also private intimation from the countess of Carlisle, sister to the earl of Northumberland, that endeavours would be used this day to apprehend the five members, the house required the five members to depart the house forthwith, to the end to avoid combustion in the house, if the said soldiers should use violence to pull any of them out. To which command of the house four of the said members yielded ready obedience; but Mr. Strode was obstinate, till sir Walter Earle, his antient acquaintance, pulled him out by force, the king being at that time entering into the New Palace-yard, in Westminster: and as his majesty came through Westminster-Hall, the commanders, reformadoes, &c. that attended him, made a lane on both sides the hall, through which his majesty passed and came up the stairs to the house of commons, and stood before the guard of pensioners and halberteers, who also attended the This member was Mr. Pym. See sir all the birds are flown, I do expect from you, that you shall send them unto ine as soon as they return hither. But I assure you, on the word of a king, I never did intend any force, but shall proceed against them in a legal and fair way, for I never meant any other.-And now, since I see I cannot do what I came for, I think this no unfit occasion to repeat what I have said formerly, That whatsoever I have done in favour, and to the good of my subjects, I do mean to maintain it. I will trouble you no more, but tell you, I do expect, as soon as they come to the house, you will send them to ine; otherwise I must take my own course to find them." When the king was looking about the house, the Speaker standing below, by the chair, his majesty asked him, Whether any of these persons were in the house? Whether he saw any of them? and where they were? To which the Speaker, falling on his knee, thus answered: May it please your majesty; I have neither eyes to see nor tongue to speak in this place, but as the house is pleased to direct me, whose servant I am here; and humbly beg your majesty's pardon, that I cannot give any other auswer than this to what your majesty is pleased to demand of me." The king, having concluded his speech, 3 T |