159. Proceedings, by the King's Command, upon Charges of High Treason and other high Misdemeanors, against Lord KIMBOLTON* and Five Members of the House of Commons; namely, Mr. DENZIL HOLLIS, Sir ARTHUR HASLERIG, bart. Mr. JOHN PYм, Mr. JOHN HAMPDEN, and Mr. WILLIAM STRODE 17 CHARLES I. A. D. 1641. [Rushw. Coll. WhitParl. Hist. 1005.] locke's Memoirs. 2 Cobb. January 3, 1641-2. THE Lord Keeper told the House of Lords, That he was commanded by the King to let them know, his majesty had given commands to his Attorney General (sir Edward Herbert), to acquaint their lordships with some particulars from him. Hereupon, the said Attorney standing up at * Lord Kimbolton was the eldest son of the earl of Manchester, and had, some years before, been called up to the house of lords, by Charles 1. He bad, after this period, a considerable share in the conduct of affairs, as General of the Parliament Forces during the Civil War. "On the application of the Commons for their former Guard, the King assured them, on the word of a monarch,' his favourite asseveration, that there was no cause of apprehension or alarm, for his care should extend to the protection of each member, as much as to the preservation of himself or of his children. The same day was selected to prefer an Impeachment of Treason against lord Kimbolton and the Five Commoners, Hampden, Pym, and Hollis, Haslerig and Strode. Their persons were first demanded by a serjeant at arms. Next day, the king, attended by his guards and retinue, claimed the members in person from the commons; and proceeded to expose his dignity to the contempt of the city, by the same vain requisition at Guildhall :" says Mr. Laing whose reflections on these transactions are very valuable. See 3 Hist. of Scotland, 219, et seq. Concerning the effect of these Proceedings, lord Clarendon says, "The truth is, it cannot be expressed how great a change there appeared to be in the countenance and minds of all sorts of people, in town and country, these late proceedings of the king. , who had before even lost their spirits. g lost their credit, and reputation, except st the meanest people, who could never been made use of by them, when the er should forsake them; and so despaired ver being able to compass their designs of ice, or ambition (and some of them had retheir old resolutions of leaving the kingnow again recovered greater courage ever, and quickly found that their credit utation was as great as ever it had Court being reduced to a lower con the clerk's table, said, "That the King had commanded him to tell their lordships, that great and treasonable designs and practices against him and the state had come to his majesty's knowledge; for which the king had given him command to accuse, and he did accuse Six Persons of High Treason, and other high Misdemeanours, by delivery of the Articles in writing which he had in his band, dition, and to more disesteem and neglect than ever it had undergone. All that they had formerly said of Plots and Conspiracies against the Parliament, which had before been laughed at, was now thought true and real; and all their fears and jealousies looked upon as the effects of their great wisdom and foresight. All that had been whispered of Ireland, was now talked aloud and printed; as all other seditious pamphlets and libels were. The shops of the city generally shut up, as if an enemy were at their gates ready to enter, and to plunder them; and the people in all places at a gaze, as if they looked only for directions, and were then disposed to any undertaking.-On the other side, they, who had, with the greatest courage and alacrity, opposed all their seditious practices, between grief and anger were confounded with the consideration of what had been done, and what was like to follow. They were far from thinking that the Accused Members had received much wrong, yet they thought it an unseasonable time to call them to an account for it. That if any thing had been to be done of that kind, there should have been a fitter choice of the persons, there being many of the house, of more mischievous inclinations and designs against the king's person, and the government, and who were more exposed to the public prejudice, than the lord Kimbolton was; who was a civil, and well natured man, and had rather kept ill company, than drank deep of that infection and poison, that had wrought upon many others. Then ir Arthur Haslerig, and Mr. Strode, were persons of too low an account and esteem; and though their virulence, and malice was as conspicuous, and transcendent as any man's, yet their reputation, and interest to do mischief otherwise than in concurring in it, was so small, that they gained credit and authority by be ng joined with the rest, who had indeed a great influence Howev r, su ce there was a resolution to proceed against those men, it would have been much better to have caused them to have been all se which he received from his majesty, and was commanded to desire their lordships to have it read:" which Articles were read, in hæc verba: ARTICLES of HIGH TREASON, and other high MISDEMEANOURS, against the Lord KIMBOLTON, Mr. DENZIL HOLLIS, Sir ARTHUR HASLERIG, Mr. JOHN PYм, Mr. JOHN HAMPDEN, and Mr. WM. STRODE: I. That they have traiterously endeavoured to subvert the fundamental Laws and Government of this kingdom, to deprive the King of his regal power, and to place in the subjects an arbitrary and tyrannical power, over the Lives, Liberties, and Estates of his majesty's liege subjects. II. That they have traiterously endeavoured, by many foul aspersions upon his majesty and his government, to alienate the affections of his people, and to make his majesty odious to them. III. That they have endeavoured to draw his majesty's late Army to disobedience to his commands, and to side with them in their traiterous designs. IV. That they have traiterously invited and encouraged a foreign power to invade his majesty's kingdom of England. V. That they have traiterously endeavoured to subvert the Rights and very Being of Parlia ments. VI. That, for the completing of their traiterous designs, they have endeavoured, as far as in 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 of Lords, 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 verally arrested, and sent to the Tower, or to other prisons, which might have been very easily done before suspected, than to send in that manner to the houses with that formality, which would be liable to so many exceptions. At least, they ought so far to have imparted it to members in both houses, who might have been trusted, that in the instant of the accusation, when both houses were in that consternation (as in a great consternation they were) somewhat might have been pressed coufidently towards the king's satisfaction; which would have produced some opposition and contradiction, and might have prevented that universal concurrence and dejection of spirit, which seized upon, and possessed both houses." and alter, if there should be cause. 3. That their lordships would take care for the securing of the Persous, as, in justice, there should be cause." Mr. Rushworth says, "That lord Kimbolton, being present in the House, stood up and offered 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. Serjeant Whitfield and Mr. Serjeant 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 such an Accusation may be brought by Mr. Attorney, into this house, against a peer.---Lord Clarendon adds, "The House of Peers was somewhat appalled 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 Impeach ment; and sitting at that time next the lord Kimbolton, with whom he pretended to live with much friendship, he whispered him in the ear 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 beloved) 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 day before, the King had sent Mr. Francis, serjeant at arms, to the House of Commons; where, being admitted without his mace, he delivered this Message; "I am commanded by the king's majesty, my master, upon my allegiance, that I should come and repair to the House of Commons, where Mr. Speaker is; and there to require of Mr. Speaker Five Gentlemen, members of the House of Commons; and that these Gentlemen being delivered, I am commanded to arrest then, in his majesty's natne, of High Treason. Their names are, Mr. Hollis, sir A. Haslerig, Mr. Pym, Mr. Hampden, and Mr. William Strode " The Commons immediately ordered the Chancellor of the Exchequer, lord Falkland, sir Philip Stapleton, and sir John Hotham, to attend his majesty; and acquaint him, ،، That this Message was a matter of great consequence, as it concerned the Privilege of Parliament, and therein the Privileges of all the Commons of England: That this House will take it into serious consideration, and will attend his majesty, with an Answer in all humility and duty, and with as much speed as the greatness of the business will permit: And that, in the mean time, the house will take care that those gentlemen, mentioned 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, particularly, one by one, to give their attendance on this House, de die in diem, until further Orders: And, in the afternoon of the 4th, there is a Memorandum entered, "That all the Five Members, aforementioned, did appear in the house, according to yesterday's injunction." January 4. The King came into the House of Commons and took Mr. Speaker's Chair.* * The imprudence of this Proceeding against the Five Members, and the detriment which it occasioned to the royal cause, are thus described by lord Clarendon : "In this sad condition was the King at Windsor, fallen in ten days from a height and greatness that his enemies feared, to such a lowness, that his own servants durst hardly avow the waiting on him. For though, it is true, the acts of the House of Commons, and the Tumults, were as great affronts to majesty, before this last act upon the members, as any that could be imagined possible to succeed, yet the house of peers was then well disposed, and might have been managed with a little patience, to have blasted all the extravagances of the Commons. And the truth is, the greatest extravagances appeared to the standers by to be but the attempts of persons in despair, and the strugglings of men at the last gasp. And, without doubt, if the king could have had the patience to have sate still a spectator of the dissensions between the two houses, and incouraging the lords, who were firm to him, and putting those matters in issue, wherein the commons had invaded both his and the lords privileges; if he had commanded his counsel at law and the judges, to have proceeded by the strict rules of the law against seditious persons at large, for preaching and printing against the peace of the kingdom, and put the commons house either to have been quiet, whilst their champions were exemplarily punished, which would have put a speedy end "Gentlemen; I am sorry to have this occasion to come unto you, Resolved, upon the question, "That the to their licence, or to have appeared the champions for an infamous act against the law and the justice of the kingdom, their jurisdiction would probably in a short time have been brought within the due limits, and the stoutest factor for the violent party been glad to have compounded for an act of oblivion. "And I have heard from credible persons, that the chief of that faction afterwards confessed, that if that extraordinary accident had not happened to give them new credit and reputation, they were sinking under the weight of the expectation of those whom they had deluded, and the envy of those whom they had oppressed. I arm sure, they who out of conscience, and loyalty to their king and country, diligently attended the public service, were strangely surprized at the matter and manner of that accusa| tion; and foresaw, from the minute, the infinite disadvantage it would bring to the king's affairs. Not that they thought the gentlemen accused, less guilty; for their extreme dishonest acts in the house were so visible, that nothing could have been laid to their charge incredible; but the going through with it was a matter of so great difficulty and concernment, that every circumstance ought to have been fully deliberated, and the several parts distributed into such hands, as would not have shaken in the execution. And the saying, that the king had not competent persons enough, whom he might trust in so important a secret (which I believe was true) is rather an argument, that the thing was not to be attempted at all, than that it was to be attempted in that manner; for whoever would have betrayed the trust, would be sure to find fault with it, when it was endeavoured without him, especially if it miscarried. The truth is, there was little reason to believe, that the house of peers would commit the lord Kimbolton upon the accusation of Mr. Attorney in that conjuncture of time; and less that the house of commons would deliver up their inembers to the serjeant at arms, when they should be demanded; which was an irregular thing, and implied unreasonably, that they had some power to keep them, who were desired to deliver them. Yet if the choice had been better made, and the several persons first apprehended, and put into distinct close custodies, that neither any body else should have heard from them, nor they one from another, all which had not been very difficult, the high spirit of both houses might possibly have been so dejected, that they might have been treated withal. But even that attempt had been too great for the solitary state the king was in at that time; which was most naturally to have been improv ed by standing upon his guard, and denying all that was in his power to deny, and in compelling his ministers to execute the law in those cases that demonstrably concerned the public peace." house shall adjourn itself till to-morrow one of the clock." '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 This is all that is entered in the Journals of the Commons relating to this extraordinary affair. Probably the great confusion the House was in, at this juncture, broke off all punctu alities in the Clerk, and prevented any further entry about it there: But Mr. Rushworth, thenking that ever was in England shall be more Clerk-Assistant to the House, is very explicit in his printed Collections: which, to make the matter as clear as possible, we shall give in his own words. He begins with telling us, That when the five accused Members came this day, after dinner, into the house, they were no sooner sat in their places, but the house was informed by one captain Langrish, lately an officer in arms in France, that he came from among the officers and soldiers at Whitehall; and understanding 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 Jane 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 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 band, 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. After he had stood in the Chair a while, he cast his eye upon the members as they stood up uncovered, but could not discern any of the Five Members to be there; nor, indeed, were they easy to be discerned, had they been there, among so many bare faces all standing up together. Then his majesty made this Speech: This member was Mr. Pym. See sir Philip Warwick's Memoirs, p. 204. 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 are here: for I must tell you, Gentlemen, that so long as these persons that 'I have accused, for no slight crime, but for Treason, are here, I cannot expect that this House will be in the right way that I do hear'tily wish it; therefore I am come to tell you, that I must have them wheresoever I find ⚫ them. Well, since I see all the birds are 'flown, I do expect from you, that you shall send them unto me as soon as they return hi'ther. But I assure you, on the word of a king, 'I never did intend any force, but shall pro'ceed 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 they come to the House, you will send them 'to me; otherwise I must take my own course to find them.' as 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 nei'ther 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 answer than this to what your ma'jesty is pleased to demand of me.' The King having concluded his Speech, went out of the House again, which was in great disorder, and many members cried out aloud, so as he might hear them, Privilege! Privilege! and forthwith adjourned till the next day at one o'clock. The same evening his majesty sent James Maxwell, usher of the House of Peers, to the Commons, to require Mr. Rushworth, the clerkassistant, whom his majesty had observed to take his Speech in characters, at the table in the house, to come to his majesty; and when Maxwell brought him to the king, his majesty commanded him to give him a copy of his Speech in the house. Mr. Rushworth humbly besought his majesty, hoping for an excuse, to call to mind how Mr. Francis Nevil, a York 91] STATE TRIALS, 17 CHARLES I. 16+1.-Proceedings against Lord Kimbolton and [92 shire member of the House of Commons, was committed to the Tower, but for telling his majesty what words were spoken in the House by Mr. Henry Bellasis, son to the lord Faulconbridge; to which his majesty smartly replied, 'I do not ask you to tell me what was said by any member of the house, but what I said 'myself.' Whereupon he readily gave obe dience to his majesty's command, and in his majesty's presence, in the room called the JewelHouse, he transcribed his majesty's speech out of his characters, his majesty staying in the room all the while; and then and there presented the same to the King, which his majesty was pleased to command to be sent speedily to the press, and the next morning it came forth in print.* January 5. The Commons met again; when the Door * The following very curious Account of this transaction is transcribed from some Minutes, taken at the time, by sir Edmund Verney, knight marshal, who afterwards bore the king's standard at the Battle of Edgehill, and was killed in that action:-" On Tuesday, the 4th January, 1641, when the house met after their adjournment, till one o'clock, it was moved, (considering there was an intention to take the Five Members by force) to avoid all tumult, "That they be commanded to absent themselves,' but entered no orders for it, and then the Five Gentlemen went out of the house: a little after the King came with all his guards, and all his pensioners, and 2 or 300 soldiers and gentleinen. He commanded all the soldiers to stay in the Hall, and sent us word, he was at the door. The Speaker was commanded to sit still, with the mace lying before him; then the King came to the door and took the Palsgrave in with him, and commanded all that came with him, upon their lives, not to come in; so the doors were kept open, and the earl of Roxborough stood within the door, leaning upon it. Then the King came upwards towards the Chair with his hat off, and the Speaker stept out to meet him; when the King stept up to his place, and stood upon the step, but sat not down in the Chair. Then he said, He expected obedi'ence to his Message of yesterday, and not an answer' On the Speaker's saying, being ordered to be locked, the key brought up, cept servants to members of the House; and the outward rooms cleared of all persons, exalso that some of those servants should be sent ing towards Westminster, and to bring notice forth to see what numbers of people are repairto the House; a Committee was named to consider of some way for vindicating the Privileges of Parliament, and for providing for the Safety of both Kingdoms, and to present it to the house with all speed.-A debate then arose, Whether next, Jan. 11, and a Committee be appointed this House should be adjourned to Tuesday to sit in Guildhall, in London, during that time? The question was put, and on a division of the house, there appeared to be 170 members for it, and 86 against it. The House then agreed upon a Declaration, ing the late Breach of Privilege; which was to be forthwith printed and published concerndone in these words: yesterday, being the 4th day of January, 1641, "Whereas his majesty, in his royal person, did come to the House of Commons, attended with a great multitude of men, armed in a warlike manner, with halberts, swords, and pistols, who came up to the very door of this House, and placed themselves there, and in other places and passages near to the House, to the great terror and disturbance of the Members thereof, then sitting, and, according to their duty, in a peaceable and orderly manner, treating of the great affairs of both the kingdoms of England and Ireland; and his majesty having placed himself in the Speaker's Chair, did demand the persons of divers Members of this House to be delivered unto him: It is this day declared by the House of Commons, That the same is a high Breach of the Rights and Privilege of Parliament, and inconsistent with the Liberties and Freedom thereof; and therefore this house doth conceive they cannot, with the safety of their own persous, or the indemnity of the rights and privileges of parliament, sit here any longer, without a full vindication of so high may confide; for which both Houses jointly, a breach, and a sufficient guard wherein they and this House by itself, have been humble suitors to his majesty, and cannot as yet obtain. had neither eyes or tongue to see or say any very sensible of the great trust reposed in them, -Notwithstanding which, this House, being thing but what the house commanded him,' and, especially at this time, of the manifold The king said, He thought his own eyes as good as his, but that the birds were flown; but ble and distressed condition of the kingdom of Distractions of this kingdom, and the lamenta, 'he expected that the house would send them Ireland, doth order, That the House shall be to him, for their tre son was foul, and such a adjourned until Tuesday next at one of the 'one as we should all thank him to discover;' clock; and that a Committee, to be named by and so went out, putting off his hat tell he came this House, and all that will come to have to the door. Upon this, the House resolved to voices, shall sit at the Guildhall in the City of adjouro immediately till to-morrow, at one London, to morrow morning at 9 of the clock, o'clock, and consider what was to be done."These Minutes taken at the time, in pencil, al' things that may concern the good and safety and shall have power to consider and resolve of were found among the Papers of the late earl of the city and kingdom; and particularly, how Verney, written by his ancestor, sir Edmundur Privile; s may be vindicated, and our perVerney; and though at so distant a period, sons secured, and to consider of the affairs and were plain enough to be legible.-Hatseli's | relief of Ireland; and shall have power to adPrecedents, vol. 4. p. 106. vise and consult with any person or persons, That be |