year (f the the faid v/rit, for the corre<^ling of errors, to wit, on the
kingjfore- 2Cth day of January, in the i6th reign of our faid lord the
Jr.id.andbe- ^^^^, ]^]j^o^ J^g tj-^g fajd William Ivy was feized of and in the
•""^^ Vt'^of' ^^'^'' •■neffiiage and tenements aforefaid, wheieof he the faid
the vrnt of ^'^- ^~ returned to be tenant in his demefnc as oi fee ; and he
error, \Ldw. the faid W. I. frt being fei;;ed, he the faid E. I. in the recorrl
Ivyrdeifirf aforefaid named, after the faid :8th day of March, in the 14th
rhc premiies ^^^^ ^^ ^j^^ reign of the faid lord the now king aforefaid, and
*° !'""^!j,,. before the day of the fuing the faid writ, for the correcting of
j-nent that errors in this behalf, to wit, on the faid 20th day of January,
YM-. r.y in the 16th year of the reign of the faid lord the now king a-
niay not be forefaid, at W. aforcfaid, in the county aforefaid, by his c«r-
Te(lor«il,!<'^- tain writing of releafe, which the faid William brings into
entirt here, ftaled with the feal of the faid E. the date of
which i? the faid day and year, did remife, releafe, and for
fver quit claim to the faid W. and his heirs [the faid W. then
being in full and peaceable poffeflion, and feized of the tene-
r'-entf aforcfaid, with the appurtenances in the faid return
fpecificd] all tlie eftate, title, intereft, claim and demand
vhatfoevcr, which the faid E. I, or his heirs then had,or at any
time from that time afterwards might have, clajm or pretend
to have of, in, or to the faid tementients, with the appurte-
ii*iices ; and this the faid W. I. is ready to rcrif/, wherefore
he
Attainders for Treafon, kc.
"he pisys judgment, and that the faid E. I. may not be refto-
led to the faid tenements, in the faid return of the faid v.rit
of Scire Facias mentioi.ed, nor to any part thereof, &c. And jrj. j^y by
the faidEt'.ward Ivy comee in his proper pcrfon accoidinj^ to i-rotei'in^
his recognizance in this behalt beloie acknowledt^ed, aiul that lie whj
faith, th^t he by any thir:g by the faid W. I. before a Ucdocd -" infant
ouj;ht no't to be precluded from the rcltiiution of the fai;i tc- ••^^'"^ ""'•
nements, becaufe protelling that he the faid ,L<l\vard Ivy, at Uxe, and
the time of the making of the laid writing" of rcltafe, was thct Wm.
within the age of 21 years, and p^otefiir.g alio, th.tt at tlic Ivywasnr.t
time of the making of the faid vviiting, the faid William Ivy '''^"'' ^'â– ^^'^>
was not feized ot the faid tenements, for plea faith, that the ''[^'""iV'^
laid plea of the faid W. 1. in the form afoicfaid 2b?)ve plead-
ed, and the matter in the lame contained, are ijot fuiHcient
in law, to vhich he hath no necefluy, neither is he bound by
the law of the land iii any manner to anfwer ; wherefore for
want of a/iifficient plea of the iaiJ W. in this behalf, tlie faid
E. L prays judgment, ajid that he to the icnemenis aforefaid
in the return of the faid v.'ilt of Scire Facias mentioned, may
be rcitored, 6cc. And the faid W. I. by his attorney aforefaid * p ^q v
comes and faith, that the laid plea by him, tlie faid W. Ivy, ' "*"
in the manner and iorm aforefaid pleaded,* and the matter in Toinder in
the fame contained, are good and fufficient in liw to pieclutle Demutrer.
the faid E. I. from having reftltution of the. tcneme;;ts alore-
laid, in the faid return of the laid writ of Scire Facias menti-
oned, and this he is ready to verify, wherefore the faid W. I.
prays judgment, and that the faid E. I. may not be rcftored
10 the faid tenements, in the faid return of the writ of Scire
Facias mentioned ; nor to any part thereof, «SiC. &c. Sec.
The Kiug againjl Ilolles and olbers
Michaelmas, loth Chi^rfles 2l1. RoII']^.
E it remembered that Robert Heath, knight. Attorney- An iuTcr-
general ot the lord the now king, who for the faid lord mation in
the king, in this behalf profecutes, in his proper peifon ''^^ King'f-
came here into the court of the faid lord the king, before ''^'''^|! V
the king himfelf at Weftminfter, on the Wednciddy next kTiL rU*.
after the morrow of All Souls, in that fajne term, and for Valcmmc
the faid lord the king, brought here into the court of '"1'^ l^cnji If
jhe faid lord the king, before the kinj; Liinfcif, liicn thcie, TloCes.efqr*
B
Attainders for Tr^ftfon, kt.
ilie houfe •fa certain information a£rainft John Eiiiot, late of London,
eommcns. kniglu, Bcnjaifiin Valeiitinc, laie of London, efquire, and
t'Jch^lla ^^"?ill Holies, late of Lonloii, ei;quire, which foUowi in
thef^id thefe words, to wit. Be it remembered that Robert Heath,
lioufe J . linij^ht, Attorney-^eneial of the lord the now king, \rho
and for for the faid lord the hinj;, in this behalf profccutes, in his
affauiting proper perfon, comes hcie imo the coiirt of the faid loid
arVf rciBs'^^^ '^^"^"^^ before the Idng himftif, ai Weilminiler, on the
him CO fit in Wednefday next after the moriow of AH Souls, in this fame
theduir af- term, and for the faid lord the king, gives the court heie to
ter the king underfland and to be iniormed, that whereas the faid lord
had fignifita ^]^^ king, for diver* weighty and urgent affairs, concerning
thit'^the "^' ^^'^ "^^^"^ ^^^^ '^^ '^'"h' ^"'^ ^^^ ft^^^ ^"*^^ defence of his king-
),f,ufe fliould dom of England, and the church of Er.gland, had ordained
lie adjourn- that hifi certain pariiamcnt fhould be held at his city of
pd, Weftminfler afcrefaid, and whereas thereupon his certain
parliament, In the due manner was begun and held at Weft-
iirinller alorefaid, on the I7ih day of AL^rch, in the 3d year
of the reign of the faid lord the king, and there by divers
prorogations continued until ttie 10th day of March, in the
4th year of the reign of the faid lord the king, on which
loth day of March, the faid parliament was diffolved, an4
whereas before the faid 17th day of March, in the 3d year
aforefald, to wit, on the i6th day of March, in the 3d year
aforefaid, John Elliot, late of London, knight, in the due
manner was eledled and returned one of the knights for the
^ount) - of Cornwall, to fei ve in the faid parliament, and
V/ljereas alfo, Benjamin Valentijrie, late of Londc^n, efquire,
on the i'aid i6ih day of A-Tarch, in the 3d year aforefaid, in
the due manner was eltcted and retuinetl one ot the burgeffes
for the borough of St. Germains, in the laid county of
Cornwall, to ferve in the frid parliament ; and whcieas alfo,
Denzili Hollfs, late ol London, efquire, en the faid i6th
<lny of Alarch, in the 3d year aiiirelaid, in the due manner
WHS tlt^ied and returned one oi the burgefles for the bo-
rc.ugh of Dorcheiler, in the county of Dorfet, to ferve in the
faid parliament. And whereas, aifo, John Finch, kr. on- the
faid icth day of March, in the 3d year af;refaid, iu the due
manner was elected and returned cue of the citizens, foi the
»p one;, city cfCautcrbury, to fervt in the faid. parliament; "■* And
whereas oh the faid i6th day of March, in the 3d year afere-
feid, the faid John Finch at VVeftrninllcr aforefaid, in the due
manner was elecltd and corii^ituted Speaker for the coinmons
in the faid parliament, and fo did continue Speaker for the
commons until the diffoiution o{ the fai(l parliament ; and
that the faul John Elliot, deviling and intending as much as
in him lay, difcord, ill-will, murmurrings ^nd feditions, as
T/cli between the iaid lord the king and his iioblej, prelates,
peers and juftices of the kingdom gf England, as between th<f
faid
Attainders for Treafon, !kc.
faid nobles, prelates, peers and juflices of the faid i'">ij the
king;, and his other lubjefty, to fow, piotine and (lir up, and
*hcruleand government ot this kingdom ofEnjdand, as vvtdl
in the faid lord the king as in his coiinfellors and fenants of
every kind, totally to depiive and weaken, and tumult and
confufion in all ftates and parts of thi? kingdon of England,
to introduce, and to the intent that the true and liege fubjecfts
of the faid lord the king might M'ithdiaw their cordial love
from the faid lord the king .• in and during the parliament
aforefaid, to wit, on the 23d day of February, in the 4th
year alorefaid, at Wei^minfter aforefiid, in the commons
houfe of parliament there, and during the fitting of the
faid houfe, the knights, citizens and burgeffes then and there
being affembled, and in their prefence and hearing faliely,
malicioufly and ftdiiioully' thefe falfc, feigned, malicious and
fcandalous tnglifh wordy, with a loud voice did fay and publilh
to wit, " The king's privy ccfuncil, all his judge'', and his coui;,-
cil Itarned, have corffired together to trample vnder their jeet, tJ^e
liberty qf'the fuhjeiis of' this real.u, and the privileges qf\lhis houe/,"
(meaning the privileges of the faid commons houfe of parlia-
ment) offummpning parliament and of continuing, adjourning,
proroguing and dilTolving the fame, belongs to the lord the
Icing, and of right appertains to his will and good pleafure ;
and whereas the faid lord the king, for divers weighty rcafons
fpecially moving him to this on the 2d day of March, in the
4th year aforefaid) did ordain that the faid parliament fhould
be adjourned, from the faid 2d day of March, until the loth
day of the faid month of March, then next enfuirrg ; And.
the faid lord the king on the 2d day of March in the 4th year
aforefaid, at Weflminller aforefaid, did command the faid
John Finch, then the Speaker aforefaid, that he on the faid
2d day of March, to the kni,ghts, citizens and bujgcfTes ia
the comTiions houfe of parliament then and there afitm-
bled, the good pleafure of the faid lord th.- ting ihould iig-.
nify and make known, that immediately after that lignifica-
tion fo made, the faid commons houfe, by the faid knighti,
citizens an4 buigcffo*, fliould be atljourned until the loth dar
of March then next -«iiiuing j alw! thereupon the faid John
finch on the iaid 2d day of March, ai Weitminltrr atorcikid,
to the knights, citizens and burgcffes in the fdid commons
houfe of parliament then and there affembled, during
the fating of the faid houfe,, publickly did fignity and make
known the laid good pleafure of the faid lor<l the king, thnt
the faid houfe immediately after that lignification made, iiiould
be adjourned by ihemfelvcs, until the laid loih day of March,
and that the faid John Kliiot, J3. Valentine, and Den/.ill
Holies, at the »ime of the faij fignificaticD, by the faid
Speakti,
Attainders for Trcafon, &c.
Speaker, in the form aforefaid made, were prefent in the
^ commons houfe aforelaid, and. then, and there did hear
' P. 29^' the laid fignification, and the fame did well underfland, *
neverthelefs the faid J. E. B. V. and D. H. on the faid
fecond day of March, in the fourth year aforefaid, at
Weftminfter aforefaid, malicioufly did agree and among them-
felves did confpire to difturb the knights, citizens and bur-
gefles of the faid commons houfe of parliament, in the faid
houfe at Weftminfter aforefaid, then and there affembled,
left that they according to the good pleafure of the faid lord
the king, to them as aforefaid, fignified ftiould adjourn them-
felves; and the faid J. £. according to the agreement and con-
fpiracy aforefaid, and for the malicious purpofes and inten-
tions aforefaid, afterwards to wit, on the faid 2d day of
March in the 4th year aforefaid, at Weftminfter aforefaid, in
the faid commons houfe of parliament, in the prefence
and hearing of the faid knights, citizens and burgeffes, then
and there afl"embled with a loud voice, falfely, malicioufly
and feditioufly did fay and publifh thefc falfe, feigned, fcan-
dalous, malicious and feditious Englifh words following
" Hhe mij'erahle condition zvi are in. Loth in matters of religion
and policy, makes me look -with a tender eye, both to the per/on of
the king and the /uljc^ : you know how Arminianifm doth under-
mine us, and how popery comes upon us fo openfaced, as it £ives a ter-
ror to the law; that particularly concerning the plantation of Jefuits
amongjius, and other things incident thereto do manifefily Jhew it .
Afid not only thefe men zvho are aSiors ihetnfehes, I mean tli£
"fefuits, hut thofe that are their great mafttrs andfautors, they have
the power of the law, and dare check magiflrates zn the execution
rf their duties ; from them it comes, that we fuffer their guilt, and
the fear of punifhment that may befall them, brings us upon thefe
rocks ; there are among them fome prelates of the church, the great
hi/hop of IFinchtfttir and hisfeU'jws, it is apparent what they have dons
to cafi an afperfion 'upon the honour and piety and goodnefs of the
king; thefe are not all, but is extended to fume others, who I fear
in guilt and conjcience of their own ill deferts, do join their power
zuiih that bijhcp and the rfi to draw his majefty into a jealoufy of
the parliament, among fl them J jhall not fear to name the greai
lord treafurer, in who/e perjon is J fear contrafled all that which
•we fuffer ; if we look into religion and policy I firid him building
on the ground laid by the duke of Bucks, his great mafler, frijnt
him Iftar came thofe ill councils which contrcicicd that unhappy
conclufion of the lafl feffon of parliament, and whoever fhall go
about to break parliaments, parliamtnt /hall break him ; Ifndthat
not only in tht affeSlions of his heart but alfo in relation to him he
is the head of the papifts, they and their priefis and Jefuifts have
all relation to him, and I doubt not to fix it^ indubitably upon him,
ftrJfofrom the grtatntfs and tozver of him, comes the danger rf^,
tur
Attainders for Tfeafon, he.
our nligicn, for policy in that great quejiion of tonnage and pound'
a^e, that interejl that is prettvdrd to be the king's is but the intereji
of that perfon to undermine the policy of the goi:irnmtnt and thereby
to zveaken the kingd'.m ; it wui ihe coiinjd of Hofpitahs, chancellor
to Charles the gth king cf France, that the -way to weaken this king-
dom zvas to impeach the trade * of it, and fo to lay our -watJs wajie *p, 297'
and open, and I doubt not but by the di/quijiticn of a Jew days to
prove that his laboun are to u?!dermine us ; that he invites Jirangers
to come in and drive our trade, or at leaji our merchants to trade in
Jirange bottvms,uihich is as dangerous; and this is that which imprints
this fear in his perfcn, and makes him to mijjntcrpret our proceedings
to his majefly, now therefore it will be ft for true Engltjhmen to per-
form their duties and floew their dejire of the fafety both of the
king and of the kingdom, and to refolve to defend the fincerity of
cur religion, and to declare our refolutions alfo for the defence of
thefubjeSi, whereby we may declare curfehes to befreeiyien, andfo
the more wealthy and able to fupply his majejiy on all cccaJionS,
and that we Jhould declare all that we have Juffered, to be the effeSi
of new counfels to the ruin of the government of this Jiate, and to
make a proteftation againjl all thoj'e men whether greater or fubordt-
natt, that they Jhall all be declared capital enemies to the king and
kingdom, that will perfuade the king to take tonnage and poundage
7vithout grant of parliament ; and that ijany merchants Jhall wil-
lingly pay thofe duties, without confent of parliament , they Jhall be de-
clared ais acce{furiei to the reft." And that the fald D.H. according
to the agreement and confpiracy thereon between him and the
laid J. b. and B. V. before had as aforefaid, afterwards to wit
on the faid ad day of March in the 4th year aforefaid,
at Weftniinftcr aforefaid, in the faid commons houfe of
parliament, the knij;hts, citizens and burgeffes then and there
being affembled, in their prelence and hearing with a loud
voice falfcly, malicioufly and fcditioiifly did fay and publifh
thefe falfe-, malicious, pernicious and feditious Englilli words
following to wit, 'â– 'â– whofoever Jhall counfel the taking up of tonnage
and poundage without an a6l of parliament, let him be accounted n
capital enemy to the king and kingdom, and what merchant Joever
/hall pay tonnage a7id poundage without an ail of parliament, let
hwn be accounted a betrayer of the liberties of thefubjeSl, and a capi"
tal enemy to the king and kingdom.^' And that the faid B. V.
and D. H. according to the agreement and conlpiracy afore-
faid, thereon between them and the faid J. E. before had for
the intentions and purpoles aforefaid, and for the intentioa
that the faid J. E. and D. H. the faid falfe, maliciouj, fcanda-
lous and feditious words aforefaid, in the loim aforefaid, and
for the intentions and purpofes aforefaid, by them on the faid 2d
day ot March in the 4th year aforefaid, ipokenand publifhed as
aforeifcid, might fpeak and publifh, on the faid 2d day of
March, after the fj2nifi<;ati9n aforciaitl, of the iaitl good plea-
fure .
Attainders for Trcafon, kc.
iure of the faitl lord the ling, for making the adjournmerit of"
the laid commons houfe of" parliament as aforeiaid, by the
faid fpeakcr made, and before the fpeaking and publifhing
of any of the words aforefaid, by the laid J. E. and D. H. on
the laidzd day of March as aforefaid, fpoken and publilhed, he
the faid John Finch the fpeaker aforefaid, then and there being
in a certain chair called the Speaker's chair in the laid houfe, 6;
endeavouring to go out of the faid chair according to the com-
mand of the faid lord the king, to him in that behalf befoie
"^P- (298. given, in and upo« the * faid John Finch, then and there in
the peace of God and of the laid lord the king being, with
force and arms and with a ftrong hand and unlawfully did
make an affault, and the faid John Finch did ill-treat, and
the faid John French in the faid chair againft his will with
llrong hand and unlawfully did detain ; and that after7/atds
on the faid 2d day of March> and before the fpeaking and
publilhing of any of the words aforefaid, by the faid J. E.
andD. H. fpoken and publilhed on the faid 2d day of March
in the 4th year aforefaid, he the faid J. F. the faid fpeaker
* at Weftminfler aforefaid, in the houfe aforefaid, then being
out of the faid chair, in and upon the laid J. F. and then and
there in the peace of God and of the faid lord the king being,
did make an aflault, and the faid J. F. did ill treat and vio-
lently and with ftrong hand, and unlawfully againft his will
into the faid ckair, did drag, thruft and force, whereby a
great tumult and a dangerous commotion and confulion in the
commons houfe aforefaid, and great terror to the faid knights
citizens and burgeffes then and there alTembled, thenand there
were moved and Itired up, againft the duty of their allegiance, in
great contempt and to the maniftft dilherifon of the faid lord
the king and in derogation ofhis perfon, rule and royal pre-
rogative, and in fubverlioh of the laws and ftate of this king,
liom of England and to the great fcandal, and diihonoiir of the
counfellors of the privy council of the lord the king, and of the
nobles, prelates and peers of this kingdom of England, and
of the juftice and the juftices of the faid lord the king, and to
the difturbance and terror of the commons in the faid parlia-
ment fo as aforefaid alfembled, and alfo to the evil and perni-
cious example of all others in the likecafeoffending^ and againft
the peace of the faid lord the king his crown and dignity, &c.
and alfo againft the form of the ftatute, &c. wherefore the
faid attorney, &c. whereupon the Iheriff was commanded
that he do not omit, &c. but that he caufe them to come t»
~..g anfwer, &c.
Defendants And now to wit, on the Tuefday next after the oftave of
feverally St. Martin, in this lame term, before the lord the king, at
plead th'ut Weftmlnfter, come the faid J. E. knight. B. V. and D. K.
they were in their proper peifon?, and the faid J. E. having heard, the
naejnbtrs of ^ '^ '^ ' fgjij
Attainders for Treafon, kc.
faid information, he the laid [. as to the funpofed trefnafs, f^^^|'^|"'='^'
J rr r j- ■j • t. r • j • r • that tie of-
contcmpt and orrence aioreiaid, in the ia;d Huoi:iation nicn- f^jj^-g^^g^g
Mojicc], in ipeaking aud : ablilliing the faid Englifli v.'ort!?, cotrmitted
in the information aforeirid above rcitt^^d, niid to the faid J. in p^ilia-
by the faid inforn-aiion, iii (he I'orm aforefaid chaigcd, faith, nif-nt and
that he doth not apprehend th'U the faid lord the kin;;, of ;'Jf^';'^"'^'^'J
or for the faid fuppcfcd lrfr|)af5i contempt and offence to and dcter-
him the laid J. lo chaigtd, in the court of the faid lord the m ned, and
now king here, will or oiij;ht to be anfwered, becaufe he not in the
faith that the fuppofcd offence, trefpafj and ccntempt, in !^'"^,^'
fpeaking and publiih:ng the faid Engbih words, in the faid '""^ ''
inibrn.ation inentioned, and to the faid J. in the form afore-
faid charged, in nailiament, and not in the court of the lord
the now king, here ought to be heard and detcrziiined, &c»
And the faid John further faith, that he on the faid i6t}i
day of March, in the 3d year afort'laid, in the information
atorcfaid menuoned, in tKe due manner was elected and re-
turned, one of the knights for the county ot Cornwall, to
lerve in the liiid parliament, as in the faid iniormation is
above mentioned, and th;u the faid John at the time of the
iiippofed Oifence, trefpals and contempt aforefaid, in fpeak-
ing and pub)i(hing the laid Englifh words, to him the faid
John in the form afore.'aid charged, and during the whole
time of the parliament aforefaid, at Wcftminiier aforefaid,
was nnd * remained one of the knights for the county of *p^ oqq
Cornvva!!, in the faid parliament, and this he is ready to *
verify; wherefore becaufe in the information aiorefaid, it
evidently and phiinly appears, that the fuppoled tiefpafs,
contem.pt and offcmc aforefaid, in fpeaking and publ'lh'ng
the laid EiiglitTi words, to the faid John in. the form aforefa>!l
charged, and by the faid information fiippcfed to be com-
mitted, was committed in the laid commons houfe of
pailiamjciu aforeiaid, in the jiailiament aforefaid, he the
^'aid J. piHvs Judgmei t, if the fiid lord the now king here,
of ;he contempt, treipafs aiid oiTcnce aforefaid, as to the
riiigiifh words aforefaid, by him the laid J. in the pnrliament
aforefaid, in the form aforefaid, fuppofed to be fpjken and
publiihed, in thecouiS <jf il-e i<iid lord the now king, here
will or Ought to he ar.fwcred ; ai;d as to the entire refidae of
the luppofed oflTence, trefpafs and contempt, in the informa-
tion aforefaid mentioned, to the faid J. in the form aforefaid
charged, he the laid J. faith that he doih n/it apprehend that
tlie laid lord the now king, of or lor the faid relidue of the
oiTi.ncc, trefpals and contcrnpt aiorefaid.' in the faid infor-
mation mentioned, to the faid J. in the lorm aforefaid, above
charged in the court of the Ir.id lord the now king h?r'", will
or O'l^ht to 13'° anfwf red, t)tc -^ufe he faith that the rel;due of
,V A the
â– â– Attainders forTreafcn, Sec,
t\e. fdid fuppofed ofFence, trefpafs and contempt, In the
information atoiciaid above fpecified, to him the faid John
hy the faid information, in the form alorefaid charj^ed, in
parliament ai.d not in the court of the lord the now king, here
ou<;ht to be heard and determinecl; and the faid Jolin further
faith, that he on the faid i6th dsy of March, in the 3d year
aforefaid, in the intoimatioa atorcfaid 'mentioned, in the
clue manner was elecled and returned one ot the knights to
ferve for the county of Cornwall, in the faid parliament, as
hy the faid inform.ation is above mentioned, and that the
faid J. at the time of the re{i<Jiie of the fupp(<fed offence,
trefpafs and contempt afoi-efaid, to him in the form aforefaid
charged, and during the whole time of the Jaid parliament,
at Weftminftcr aforefaid, was and remained one of the
li nights for the faid couniy of Cornwall, in the fiiid parli-
ament, and this he is ready to verily, wherelore and becaufe
that iu the iaid information it evidently and fully appears,
that the faid refidue of the faid fuppofed ofYence, trefpafs
and contempt aforefaid, in the information aforefaid menti-
oned, to the faid J. in the fi)im aforefaid charged, by the
iaid information fuppoled to be committed, was committed
in the faid commons houfe of parliament aforefaid, in the
parliament aforefaid, the faid John,, prays judgment if
the fiid lord the now king of the rcfidue of the faid fuppofed
trefpafs, contempt and oifcnce aforefaid, in the information
afinefaid mentioned, to the faitl J. in the form aforefaid