against the parliament; and their still conti nuing at York, notwithstanding their summons and command, is a high affront and contempt of both houses; and that the said lords, therein, did as much as in them lay, that the service of the parliament might be deserted, and are justly suspected to promote a war against the parliament.'-And the house, in further prosecution of their duty in this particular, and in pursuance of their Protestation, which obliges them to endeavour to bring to condign punishment all such high offenders against not only the privileges, but the very essence of parlia ment, have sent me up to impeach these Lords, and desire that speedy and exemplary justice may be done upon them.-And, accordingly, I do here, in the name of the knights, citizens and burgesses of the commons house assembled in parl, and in the name of all the commons of England, impeach Spencer earl of Northamp ton, William earl of Devonshire, Henry ear of Dover, Henry earl of Monmouth, Charles lord Howard of Charlton, Robert lord Rich, Charles lord Grey of Ruthen, Thomas lord Coventry, and Arthur lord Capel, for these high Crimes and Misdemeanors following, viz. For that contrary to their duty, they being peers of the realm, and summoned by writ to attend the parliament; and contrary to an Order of the house of peen of the 9th of April last, and several other Or ders, requiring the attendance of the members of that house; and after a Vote passed in both houses the 20th of May last, That the king,

the last hope of the long-oppressed, and in other countries, even almost wholly destroyed, Protestant religion: this parliament, which is the only means to continue us to be a nation of freemen, and not slaves, to be owners of any thing; that we may call our wives, our children, our estates, nay our bodies our own: in a word, which must stand in the gap to prevent an inlet and inundation of all misery and confusion. My lords, this parliament they desire to destroy; but I hope it will destroy the destroyers, and be a wall of fire to consume them as it is a wall of brass to us, to defend king and kingdom, us, and all we have.-Your lordships wisely fore-saw this mischief, and as wisely have endeavoured to prevent it, by making your Orders, to keep your members here; as that of the 9th of April, and several other Orders enjoining them all to attend; thereby restraining them from repairing to York, where the clouds were observed to gather so fast, and threaten a storm, and such preparations to be made against the parliament that it necessitated both houses to pass a vote: -That the king, seduced by wicked Counsel, intended to make war against the parliament; and all who shall serve, or assist, in such wars, are declared to be traitors,' which Vote passed the 20th of May; so setting a mark upon that place, and declaring their opinion concerning those who should at this time resort thither Yet now, in such a conjuncture of time, when the kingdom had never more need of a parliament, and the Parliament never more need of all the help and assistance of the best endea-seduced by wicked counsel, intended to make i vour and advice of every member; the safety war against the parliament, and that whoseand even the being, of the three kingdoms ever served or assisted him in that war, was depending upon it; after such Orders and com- | adjudged a Traitor;' did notwithstanding, af mands of your lordships house to the contrary; terwards, in the same month of May, con such a Vote of both houses; and expressly temptuously, having notice of the said Votes against their duty, being called thither by writ, and Orders, withdraw themselves from the sa under the Great Seal; which is the king's great- house of peers, and repair to the city of York; est and highest command, and not controul-where the preparations of the said war were, able, nor to be dispensed with, by any other and yet are, in contrivance and agitation, they command from him whatsoever; and called to knowing of such preparations; and being, by treat and consult de arduis regni,' the great, an Order of the 30th May, duly summoned by urgent, and pressing affairs of the kingdom, the house of peers, to make their appearance never more urgent, never more pressing: not- before that house upon the 8th day of June withstanding all this, these lords, the earls of instant, they refused to appear; and returned Northampton, Devonshire, Dover, and Mon- a scornful answer, by a Letter under ther mouth, the lords Andover, Rich, Grey, Coven-hands directed to the Speaker, of the lords try, and Capel, have left their stations, with-house, and remaining there upon record. For drawn themselves, and are gone to York; and being summoned to appear by an Order of the 30th of May, instead of obedience, return a refusal, by a slighting and scornful Letter, which hath been so adjudged both by your lordships and the house of commons. My lords, the house of commons hath likewise, upon the consideration and debate of this bus siness, finding it so much to concern the safety of the kingdom and the very being of the parliament, passed this Vote:-That the Departing of these Nine Lords from the parliament, without leave, after such time as both houses had declared, That the king, seduced by wicked counsel, intended to make war

which Crimes and Misdemeanors, to the interruption of the proceedings of parliament and great affairs of the kingdom: tending to the dissolution of the parliament, and disturbance of the peace of the kingdom; I am commanded, in the name of the said commons, to de mand of your lordships, That the said lords may be forthwith put to their Answer, and receive speedy and exemplary punishment, cording to their demerits: The commons saving to themselves liberty, at all times hereafter, to exhibitany other or further Impeachment or Ac cusation against the said Lords, or any of them."

ac

Ordered, That the impeached Lords should have notice to answer in 16 days time. And

"

both the houses agreed to recall their joint | land, the lawful Liberties of the Subjects of committee at York.

|

"C. R. We do declare, 1. That we will not require, nor exact, any obedience from you, but what shall be warranted by the known law of the land; as we do expect that you shall not yield to any commands not legally grounded, or imposed, by any other: 2. That we will defend every one of you, and all such as shall refuse any such commands, whether they proceed * This List is taken from the original edition, from Votes and Orders of both houses, or any printed at York by Robert Barker, in the colother way, from all dangers and hazards what-lections of sir John Napier, bart. The names soever 3. That we will defend the true Pro- of the peers distinguished thus * testant Religion established by the law of the lord Clarendon's List.

also a Declaration of the peers, and others of his privy council, in confirmation thereof. And first

His Majesty's DECLARATION and PROFESSION. "There having been many rumours spread, and informations given, which may have induced many to believe that we intend to make war against our parliament; we profess before God, and declare to all the world, that we always have and do abhor all such designs; and desire all our nobility and council, who are here upon the place, to declare whether they have not been witnesses of our frequent and earnest Declarations and Professions to this purpose; whether they see any colour of preparations, or counsels, that might reasonably beget a belief of any such design; and whether they be not fully persuaded that we have no such intention; but that all our endeavours (according to our many Professions) tend to

the firm and constant settlement of the true

Protestant religion, the just privileges of par-
liament, the liberty of the subject, the law,
peace, and prosperity of this kingdom. Given
at our Court at York this 15th of June,
1612."

The DECLARATION and PROFESSION of the
Lords and others of his Majesty's Privy

Council at York.

ing, by that Declaration, (as far as in them lies) divested us of that pre-eminence and authority which God, the law, the custom and consent of this nation had placed in us; and assumed it to themselves; that they should likewise, with expedition, put forth the fruits of that supreme power, for the violating and suppressing that power they despised; (an effect of which resolution their wild Declarution against our Proclamation concerning the pretended Ordinance for the Militia, and the punishing of the proclaimers appears to be) yet we must confess, in their last attempt, (we speak of the last we know, they may probably since, or at this present, have outdone that too) they have outdone what we conceive was their present intention; and whosoever hears of Propositions and Orders for bringing in of Money and Plate to maintain Horse, Horsemen, and Arms, for the preservation of the public peace, or for the defence of the king and both houses of parliament, (such is their Declaration, or what else they please to call it, of the 10th of June) will surely believe the peace of this kingdom to be extremely shaken; and, at least, the king himself to be consulted with, and privy to these Propositions: but we hope that (when our good subjects shall find, that this goodly pretence of the defence of the king' is but i specious bait to seduce weak and inconsiderate men into the highest acts of disobedience and disloyalty against us, and of violence and destruction upon the laws and constitutions of the kingdom) they will no longer be captivated by an implicit reverence to the name of both houses of parliament;' but will carefully examine and consider what number of persons are present, and what persons are prevalent in those consultations; and how the debates ar probably managed, from whence such horr and monstrous conclusions do result; and will, at least, weigh the reputation, wisdom, and affection of those who are notoriously known, out of the very horror of their proceedings, t have withdrawn themselves, or, by their sk and violence, to be driven from them and the councils.-Whilst their Fears and Jealousies di arise, or were infused into the people, from discourses of the rebels in Ireland, of Skippers at Rotterdam, of forces from Denmark, France, or Spain, (how improbable and ridiculous soever that bundle of informations appeared to all wise and knowing men) it is no wonder i the easiness to deceive, and the willingness to be deceived, did prevail over many of our weak subjects to believe, that the Dangers which "Though we have, within these last 7 they did not see might proceed from causes months, met with so many several encounters which they did not understand; but for them of strange and unusual Declarations, under the to declare to all the world, That we intend names of both our houses of parliament, that to make war against our parliament,' (whilst we should not be amazed at any new prodigy we sit still, complaining to God Almighty of of that kind; and though their last, of the 26th the injury offered to us, and to the very being of May, gave us a fair warning that, the con- of parliaments) and that we have already began trivers of it having spent all their stock of bitter actually to levy forces both of horse and foot, and reproachful language upon us, we were to (whilst we have only, in a legal way, provided expect they should now break out into some a smaller Guard for the security of our own bold and disloyal actions against us: and hav-person, so near a rebellion at Hull, than they

"We whose names are underwritten in obe dience to his majesty's desire, out of the duty which we owe to his majesty's honour and to truth, being here upon the place, and witnesses of his majesty's frequent and earnest Declarations and Professions of his abhoring all designs of making war upon his parliament; and not seeing any colour of preparations, or counsels, that might reasonably beget the belief of any such design; do profess before God, and testify to all the world, That we are fully persuaded that his majesty hath no such intention; but that all his endeavours tend to the firm and constant settlement of the true Protestant religion, the just privileges of parliament, the liberty of the subject, the law, peace, and prosperity of this kingdom. York, June 15, 1612." Subscribed by the same lords and others, as before.

The King's Declaration disavowing his intention of making War against the Parliament.] The foregoing Engagement and Testimony of the lords and counsellors were immediately printed and published, together with the following Declaration :

have had, without lawful authority, above these force from our city of London, and kept by 8 months, upon imaginary and impossible dan- force from our town of Hull, to protect all those gers) to impose upon our people's sense, who are delinquents against us, and to make as well as their understanding, by telling them all those delinquents who attend on us, or exwe are doing that which they see we are not ccute our lawful commands, we have great doing, and intending what they all know (as reason to be satisfied in the truth and justice much as intentions can be known) we are not of such accusation; lest, to be our servant, and intending, is a boldness agreeable to no power, to be a delinquent, grow to be terms so con. but the omnipotence of those Votes, whose ab- vertible, that, in a short time, we be left as solute supremacy hath almost brought confusion naked in attendance, as they would have us in upon king and people; and against which no power; and so compel us to be waited on only knowledge in matter of fact, or consent and by such whom they shall appoint and allow, authority in matter of law, they will endure and in whose presence we should be more mishall be opposed.-We have upon all occasions, serably alone, than in desolation itself.-And with all possible expressions, professed our fast if the seditious contrivers and fomenters of this and unshaken resolutions for peace; and we scandal upon us shall have (as they have had) do again, in the presence of Almighty God, the power to mislead the major part present of our Father and Redeemer, assure the world, either or both houses, to make such Orders, That we have no more thought of making a war and send such Messages and Messengers, as against our parliament, than against our own they have lately done, for the apprehension of children; that we will maintain and observe the great earls and barons of England, as if the acts, assented to by us this parliament, they were rogues or felons; whereby persons without violation, of which that for the frequent of honour and quality are made delinquents, assembling of parliaments is one; and that we merely for attending upon us, and upon our have not, or shall not have, any thought of Summons; whilst other men are forbid to using any force, unless we shall be driven to it come near us, though obliged by the duty of for the security of our person, and for the de- their places and oaths, upon our lawful comfence of the religion, laws, and liberty of the mands; it is no wonder if such Messengers kingdom, and the just rights and privileges of are not very well, entreated, and such Orders parliament; and therefore we hope the Malig- not obeyed. Neither can there be a surer nant Party, who have so much despised our and cunninger way found out to render the person, and usurped our office, shall not, by authority of both houses scorned and villified, their specious and fraudulent insinuations, pre- than to assume to themselves, merely upon vail with our good subjects to give credit to the authority of the name of Parliament, a their wicked assertions, and so to contribute power monstrous to all understandings; and to their power and assistance for the ruin and de- do actions, and to make Orders, evidently and struction of us and themselves.-For our Guard demonstrably contrary to all known law and reaabout our person, (which not so much their son, as to take up arms against us, under colour example as their provocation inforced us to of defending us; to cause Money to be brought take) it is known it consists of the prime gen- in to them, and to forbid our own Money to be try, in fortune and reputation, of this county, paid to us, or to our use, under colour that we and of one regiment of our Trained Bauds; will employ it ill; to beat us, and starve us for who have been so far from offering any affronts, our own good, and by our own power and auinjuries, or disturbance to any of our good sub-thority; which must, in short time, make the jects, that their principal end is to prevent greatest court, and the greatest persons, cheap such; and so may be a security, but can he and of no estimation.-Who those sensible mnen no Grievance, to our people. That some in- are of the Public Calamities, of the Violations affected persons, or any persons, have been of the Privileges of Parliament, and the comemployed in other parts to raise troops under mon Liberty of the Subject, who have been colour of our service, or have made large, or baffled and injured by Malignant Men and any, offers of reward and preferment to such Cavaliers about us, we cannot imagine: and as will come in, is (for ought we know, and as if those Cavaliers are so much without the fear we believe) an untruth, devised by the contri- of God and man, and so ready to commit all vers of this false rumour; we disavow it, and manner of outrage aud violence, as is preare confident there will be no need of such art tended, our government ought to be the more or industry to induce our loving subjects, when esteemed, which hath kept them from doing they shall see us oppressed, and their liberties so; insomuch as we believe no person hath and laws confounded, (and till then we shall cause to complain of any injury, or of any not call on them) to come into us, and to a sist damage in the least degree, by any man about us. For the Delinquents, (whom we are said us, or who hath offered his service to us. All with an high and forcible hand to protect) let which being duly considered, if the contrivers them be named, and their delinquency; and if of these Propositions and Orders had been we give not satisfaction to justice, when we truly sensible of the obligation which lies upon shall have received satisfaction concerning sir them, in honour, conscience, and duty, accordJohn Hotham, by his legal trial, then let us being to the high trust reposed in them by us and blamed: but if the design be, (as it is well our people, they would not have published known to be,) after we have been driven by such a sense and apprehension of imminent VOL. II,

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gotten by the malice and contrivance of this malignant party) bring in to us, and our use, ready Money or Plate; or shall underwrite to furnish any number of Horse, Horsemen, and Arms for the Preservation of the Public Peace, the Defence of our Person, and the Vindication of the Privilege and Freedom of Parlia ment; we shall receive it as a most acceptable service, and as a testimony of his singular af fection to the Protestant religion, the laws, liberties, and peace of the kingdom; and shall no longer desire the continuance of that affection than we shall be ready to justify, and maintain, those with the hazard of our life. And we do further declare, That whosoever shall then bring in any sums of money or plate, to assist us in this great extremity, shall receive consideration after the rate of 8 per cent. for all such Monies as he shall furnish us with al; and shall upon the payment of such money to such persons whom he shall appoint to receive the same, receive security for the same, by good and lawful assurance of such of our lands, forests, parks, and houses, as shall be sufficient for the same; (more real security than the name of Public Faith given without us and against us, as if we were no part of the public) and besides we shall always look upo it as a service, most affectionately and seasonably performed, for the preservation of us and the kingdom: But we shall be much gladder that their submission to those our commands. and their desisting from any such attempt raising horse or men, my case all our good subjects of that trouble, charge and vextion."

Danger; when themselves, in their consciences, know that the greatest, and indeed only, danger which threatens this church and state, the blessed religion and liberty of our people, is in their own desperate and seditious designs; and would not endeavour, upon such weak and groundless reasons, to seduce our good subjects from their affection and loyalty to us, to run themselves into actions unwarrantable, and destructive to the peace and foundation of the common-wealth. And that all our loving subjects may see how causeless and groundless this scandalous rumour and imputation of our raising war upon our parliament' is, we have, with this our Declaration, caused to be printed the Testimony of those lords, and other persons of our council, who are here with us; who being, upon the place, could not but discover such our intentions and preparations, and cannot be suspected, for their honours and interests, to combine in such mischievous and horrid resolutions: and therefore we straitly charge and command all our loving subjects, upon their allegiance, and as they will answer the contrary at their perils, That they yield no obedience or consent to the said Propositions and Orders; and that they presume not (under any such pretences, or by colour of any such Orders) to raise or levy any horse or men, or to bring in any money or plate to such purpose: But if, notwithstanding this clear Declaration and Evidence of our Intentions, these men (whose design it is to compel us to raise war upon our parliament, which all their skill and malice shall never be able to effect) shall think fit, by these alarms, to awaken us to a inore necessary care of the defence of ourself and our people; and shall themselves, under colour of defence, in so unheard-of a manner, provide (and seduce others to do so) to offend us: having given us so lively testimony of their affections what they are willing to do, when they have once made themselves able, all our good subjects will think it necessary to look to ourself: and we do then excite all our well-affected people, according to their Oaths of Allegiance and Supremacy, and according to their solemn vow and Protestation, (whereby they are obliged to defend our person, homour, and estate) to contribute their best assistance to the preparations necessary for the opposing and suppressing of the traiterous attempts of such wicked and malignant persons; who would destroy our person, honour, and The King grants a Commission of Arres estate, and engage the whole kingdom in a The earl of Stamford informed the lords, by a Civil War, to satisfy their own lawless fury and letter from Leicestershire, That he had ese ambition; and so rob our good subjects of the cuted the parliament's Militia Ordinance a blessed fruit of this present parliament, which that county with great success; but that a they already, in some degree, have, and might Commission of Array was granted to the ear still reap, (to the abundant satisfaction and joy of Huntingdon, Devonshire, and others, to opof the whole kingdom) if such wicked hands pose him therein, and requiring them to array, were not ready to ruin all their possession, and train, and muster the people: that the said frustrate all their hopes. We do therefore de- commission was to take place in a few days; clare, That whosoever, of what degree or qua- and therefore the carl of Stamford desired the lity soever, shall then, upon so urgent and visi- advice of parliament, what he should do if the ble necessity of ours, and such an apparent said Commission was put in execution. A com distraction of the kingdom, (caused and be-mittee of both houses was immediately ap

June 17. The lords took into consideration a printed Book, published in the king's name, called An Answer to a Declaration of the Lords and Commons of the 26th of May last out of which was read this clause, 'We must tel those ungrateful men, who dare tell their ki That they may without want of modesty and duty, depose hin, &c.' (p.1329). It was orderes, That a conference be held with the commons, and a committee of both houses appointed to draw a Declaration, by way of Answer to th particular; and that care be taken to disperse it through the kingdoni.

Both houses agreeing, That they perceives an hourly necessity for raising an army of Horse as well as Foot; orders were issued out. and proper officers named for that purpose.