that they would joyn with them, and be generally obedient to their Commands) they had no mind to venture upon the execution of their Land Ordinance. And therefore, in the beginning of the Spring, when the Fleet for that Year was provided, after they had excepted against fuch Perfons to be Captains of Ships, as they thought not devoted to them (as is before mentioned) they fent a formal Meffage to the Lords, "That the Earl of Northumberland Lord Admiral, might be "moved to constitute the Earl of Warwick his Admiral of the "Fleet for that Years Service, being a Person of fuch Honour "and Experience, as they might fately Confide in him; and "that the Earl of Warwick might be defired to undertake that "Service. The Lords thought fit that the King's approbation might be first desired, before it was recommended to the Earl of Northumberland; but the Commons thought that fuperfluous, fince the Officers of the Fleet were abfolutely in the Earls difpofal; and therefore refused to send to the King, but of Themselves fent to both the one Earl and the other; and the Earl of Warwick, being well pleased with the Truft, very frankly, without waiting the King's confent, declared "That "he was ready to undertake the imployment. But this being fo publickly agitated, the King could not but take notice of it; and finding that the bufinefs fhould not be proposed to him, thought it neceffary, to fignify his pleasure in it, that fo at least the Lord Admiral might not pretend innocence, if ought should be done to his differvice; and therefore, he appointed Mr Secretary Nicholas to write to the Earl of Northumberland, "That his Majesty expected that St John Penning"ton fhould Command that Fleet, as he had done two or "three Years before. This Letter being communicated to both Houses, and the Lord Admiral being thereby upon the difadvantage of a Single contest with the King, the House of Commons, rather out of kindness and refpect to the Earl, than of Duty to the King, Condescended to joyn with the Lords in a Meffage to his Majefty; which they fent not by Members of their own, but directed the Lord Keeper «To "inclose it in a Letter to the Secretary attending the King, "and to fend the fame to York; which he did accordingly. The Meffage was:

A Meffage "THAT the Lords and Commons, in this present Parliafrom both "ment affembled, having found it neceffary to provide, and Houfes to the cc fet to Sea, a ftrong and powerful Navy for the Defence of King, Mar. cc this Kingdom against Forreign force, and for the Security of 28. 1642. "his Majelty's other Dominions, the Charge whereof was to

"be born by the Common-wealth: and taking notice of the "indifpofition of the Lord Admiral, which difabled him, at "that time, for Commanding the Fleet in his own Person, did

"there

cr

"thereupon recommend unto his Lordship the Earl of War"wick, a Perfon of fuch Quality and Abilities, as in whom "they might beft Confide, to fupply his Lordfhips room for "this Imployment; and understanding that his Majefty hath "fince fignify'd his Pleasure concerning that Command for "John Pennington, they faid, they did hold it their Duty to reprefent to his Majesty the great danger, and mischief the "Common-wealth was like to fuftain by fuch interruption; "and therefore did humbly befeech his Majesty, that the "Noble Perfon, recommended by both Houses of Parliament "for this Service, might be no longer detained from it, out "of any particular refpect to any other Perfon whatsoever.

THE fame day that this Meffage came to his Majefty, he The King's dispatched an Answer to the Lord Keeper; in which he told Answer. him, "That he wonder'd both at the Form, and Matter of "that inclofed Paper he had fent to him, in the Name of "both Houses of Parliament: It being neither by the way "of Petition, Declaration, or Letter; and for the Matter, he "believ'd, it was the first time, that the Houfes of Parlia(c ment had taken upon them the Nomination, or Recom"mendation of the chief Sea- Commander; but it added to "the wonder, that Sr John Pennington being already appoint"ed by Him for that Service, upon the Recommendation of "his Ádmiral, and no fault fo much as alledged against him, "another fhould be recommended to him. Therefore, he "faid, his Refolution upon that point was, that he would "not alter him, whom he had already appointed to Com"mand that Years Fleet; whofe every ways Sufficiency was fo "Univerfally known, the which he was confident his Ad

miral, if there fhould be occafion, would make most evi"dent; against whofe teftimony he fuppofed his Parliament "would not except. And though there were yet None ap"pointed, or the faid Sr John, through fome accident, not able to perform the Service; yet he faid, the men of that profeffion were fo well known to him, befides many other <c reasons, that (his Admiral excepted, because of his place) recommendations of that kind would not be acceptable to

« him.

THIS Answer was no other than they expected, though they seem'd troubled at it, and pretended that they had many things of Misdemeanour to object against St John Pennington, at least such matters as would render him incapable of that Truft; the greatest of which was that he had convey'd the Lord Digby over Sea; though they well knew (as is before mention'd) that he had the King's Warrant and Command for that purpofe; and therefore moved the Lords that he might be fent for to be examined upon many particulars: and in

the

the mean time, whilft they caufed him to attend their leifure to be examined, they proceeded in hastning the Earl of Warwick to make himself ready for the Service, who made no fcruple of undertaking it; and the Earl of Northumberland receiving the Order, and Defire of both Houfes "To grant his "Commiffion to him to be Admiral of that Fleet, thought himself fufficiently excufed towards the King, and did it accordingly. The two Houses in the mean time, without any further thought of procuring the King's Confent, preparing reafons to fatisfy his Majelty for the Neceffity, or Conveniency of their proceeding.

MANY Men, efpecially they who at a diftance obferv'd and difcern'd the Difficulties the King was like to Encounter, wonder'd that upon fo apparent a breach of Truft, and act of Undutifulness, his Majefty did not at that time revoke the Lord Admiral's Commiffion, which was but during pleasure; and fo put that fure Guard of the Kingdom, his Navy, under fuch a Command as he might depend upon. But the truth is, it was not Then Counsellable; for (befides that it was eafier to Refolve, "That it was fit to remove the Earl of Northum "berland, than to find a Man competent for the place) that way it might have been poffible to have prevented the going out of any Fleet to Sea, which would have confirmed the frantick Jealoufies of bringing in Forreign Forces; but not have reduced it to his own Obedience.

THEY had by degrees, fo order'd the Collection of Ton nage and Poundage, by paffing Bills for fix weeks or two months at a time, and putting thofe, who fhould Receive or Pay thofe Duties, otherwife than they were granted by those Bills, into a Præmunire; and fo terrified the old Customers, that the King had no other means of fetting out his Fleet, than by the Monies arifing by the Customs, which they abfolutely difpofed of; and at this t me had Contracted with the Victualler, made the Ships ready, and hired many Merchants Ships to joyn in that Fleet for the Guard of the Seas. And whilft this matter of the Admiral was in fufpence, they fuffered the former Bill of Tonnage and Poundage to expire, and did not, till the very Night before, pass a new Bill; which could not have the Royal Affent till many days after, the King being then at York. Yet the Houfe of Commons, to falve all Danger of the Præmunire, on the 24th of March, being the very day that the former Bill expired, fent an Order to all the Collectors of the Customs, many of which could not receive it in ten days after;

"THAT the new Bill being paffed by both House for the " continuance of those payments until the third day of May "(which could not yet receive the Royal Affent, in regard

"of

"of the remoteness of his Majesty's Perfon from the Parlia "ment) which Monies to be collected by that Bill were to "be imploy'd in the neceffary Guarding of the Seas, and De"fence of the Common-wealth: It was therefore order'd by "the Commons in Parliament, that the feveral Officers be"longing to the Cuftom Houfe, both in the Port in London, "and the out Ports, fhould not permit any Merchant or other "to Lade, or Unlade any Goods, or Merchandizes, before "fuch Perfons do make due Entries thereof in the Custom "House. And it was declared alfo by the faid Commons, "that fuch Officers, upon the refpective Entry made by any "Merchant as aforefaid, fhould intimate to fuch Merchant, "that it was the advice of the Commons, for the better ease "of the faid Merchants, and in regard the refpective Duties "would relate, and become due as from that day; that the "faid Merchants upon Entry of their Goods, as ufually they did, when a Law was in force to that purpose, would de"pofite fo much Money as the feveral Cuftoms would amount unto, in the hands of fuch Officers, to be by them account"ed to his Majefty, as the refpective Customs due by the "faid Bill, when the faid Bill fhould have the Royal Affent; "or otherwife, his Majefty refufing the paffing thereof, the "faid Monies to be reftored, upon demand, unto the feveral "Merchants respectively.

By which Order, which was a more abfolute Difpenfation for a Præmunire, than ever any Non-obftante granted by the Crown, the Customs were as frankly, and fully paid, as if an Act of Parliament had been paffed to that purpofe; and affoon as the Commiffion could be fent, and returned from York, the Act was paffed. But no doubt they had a further defign in fuffering the Bill totally to expire, before they prepared a new One, than at that time was apprehended; and intended, under fuch a Popular neceffity, which feem'd to be occafioned by the King's abfence, to bring their own Orders in fuch a reputation, that in another neceflity which They fhould Declare, they might by the Precedent of this, which was the only Indemnity all thofe Merchants who paid, and the Officers who receiv'd, Customs, had for the prefervation of their Eftates, be currently and abfolutely obeyed and fubmitted to.

By this it appears the King could not at that time, with conveniency or fafety to his Affairs difplace the Earl of Northumberland; and He believ'd, if his occafions should Hereafter require it, that the Time would be much more feafonable, when the Fleet was at Sea; and the Thing it felf more practicable: which was a true conclufion. However, he expreffed fo much diflike against the Earl of Warwick's Vol. I. Part z.

Hh

Com

Commanding that Fleet, that he was not willing that any Officers whom he valued, fhould take imployment under him; which he had fhortly after caufe to repent. For, by this means, the Vice-Admiralty, which was defign'd to Captain Cartwright, the Controller of the Navy, who hath fince fufficiently teftify'd how advantageoufly to his Majefty he would have managed that Charge, upon His refufal (which was occafioned by intimation from his Majefty, as fhall be hereafter mentioned) was Conferr'd upon Batten, an obscure Fellow; and, though a good Sea-man, unknown to the Navy, till he was, two or three Years before, for money, made Surveyor, who executed it ever fince with great animofity against the King's Service, of which more hereafter.

BEING, by this means, fecure at Sea, they proceeded with more vigour at Land; and, though they thought it not Yet feasonable to execute their Ordinance for the Militia with any Form and Pomp, they directed, Underhand, their Agents and Emiffaries, That the People, of Themselves, fhould "choose Captains and Officers, and Train under the name "of Voluntiers; which begun to be practifed in many places of the Kingdom, but only in thofe Corporations, and by thofe Inferiour People, who were notorious for Faction, and Schifm in Religion. The King's Declarations, which were now carefully publified, gave them fome trouble, and made great impreffion, in Sober Men, who were moved with the Reason, and in Rich Men, who were ftartled at the Commands in them. But that Clause in the King's Answer to their Declaration, prefented to him at New-Market, in which He told them, "That if they had not been inform'd of the "feditious words used in, and the circumstances of the Tu"mults, and would appoint fome way for the examination "of them, that he would require fome of his Learned Coun

cil to attend with fuch Evidence as might fatisfy them, troubled them much more. For if there were still fo much Courage left in the King's Council, that they durft appear to inform against any of thofe proceedings, which They favoured, they fhould find Men grow more afraid of the Law than of Them; which would deftroy all their defigns. Therefore they Refolv'd to proceed with all expedition, and feverely against the Atturney General for his Trespass and Prefumption upon their Privileges, in the Accufation of the five Members, and the Lord Kimbolton: of the circumstances of which Proceeding, and Judgement thereupon, being as extraordinary, and as diftant from the Rules of Juftice, at leaft of Practice, as any thing that then happen'd, it will not be amifs to fet down two or three particulars.

SHORTLY after they had Impeached him (which is men

tioned