Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, videlicet, 20 die Decembris.
Earl of Manchester, Speaker this Day.
Justice Crawley Leave to be absent.
Ordered, That Mr. Justice Crawly hath Leave to go to his own House in the Country, until after Christmas.
Countess Carrick's Petition.
The Petition of the Countess of Carricke was read.
Committee to consider of it.
Ordered, That this Petition is referred to the Consideration of these Lords following; and the Parties, by themselves or their Counsel, are to attend the said Committee; and they to report the same to this House:
L. Viscount Say & Seale.
Any Three to meet.
Report concerning the Propositions to the King.
The Earl of Holland reported from the Committee, "That they have considered of the naming of Delinquents impeached to be proceeded against; and they think it fit, that all that have been impeached before the First Day of January last shall be named to be proceeded against in Parliament.
"And likewise the Lord Digby to be left to the Trial of Parliament, though he hath been impeached since the First of January, 1641.
"The Committee likewise have nonimated such Persons, as they think fit to be removed from the King: videlicet,
"1. The Marquis of Hartford to be removed from his Office about the Prince.
"2. The Earl of Bristoll to be removed from the Court.
3. The Lord Herbert of Ragland,
4. Mr. Piercie,
5. Mr. Jermine,
6. Mr. Willmott,
|To be removed from the Court."|
And, after a long Debate of this Report, this Question following was put: videlicet,
"Such as are of Opinion to agree with the Opinion of the Committee, That, at this Time, such as the Committee have named, which are impeached by the House of Commons, shall be left to the Trial of Parliament, omitting the rest of those which are impeached; say, Content."
And it was Resolved affirmatively.
Protest against One of them.
These Lords following, before the putting of this Question, desired Leave to enter their Protestation; which this House granted.
And accordingly they entered it, as followeth: videlicet, (Here enter the Protestation.)
Message from the H. C. for the Lords Concurrence in the following Orders.
A Message was brought from the House of Commons, by Sir Symon Dewes, Knight and Baronet:
To desire their Lordships Concurrence in these Particulars following:
1. An Order to appoint a Watch in Southwarke. (Here enter it.)
2. An Order for raising of Dragooners, in the County of Cambridge, to be under the Lord General. (Here enter it.)
3. An Order of Indemnity of some Persons proclaimed to be Traitors in the County of Devon. (Here enter.)
4. The House of Commons desires their Lordships to send to the Lord General, to desire him to expedite the Commission for the Lord Tho. Grey of Warke, to command, to be in Chief of the Forces to be raised in the Counties associated, as Norff. Suff. &c.
Lord General to issue Lord Grey's Commission.
Ordered, To send to the Lord General, to recommend to him the Lord Tho. Grey, to be Commander in the Counties associated; and that he will be pleased to issue out the Commission.
The Answer returned was:
Answer to the H. C.
That this House agrees with the House of Commons in the Orders now brought; and will send to the Lord General, to expedite the Commission to the Lord Tho. Grey.
Propositions to the King.
Next, this House proceeded in the Consideration of the rest of the Propositions, which are to be presented to the King; and this House agreed to them.
(Here enter the Propositions).
Ordered, That these Propositions now agreed upon shall be communicated to the House of Commons.
Message to the H. C. for a Conference about them.
A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:
To desire a Conference, touching some Propositions to be presented to His Majesty.
Answer returned from the House of Commons was:
That they will give a present Meeting, as is desired, in the Painted Chamber.
A Petition was presented to this House, by divers Inhabitants of the City of Westm. which they desire their Lordships to take into Consideration.
The Petition was received, and read.
Then (fn. 1) the Petitioners were commanded to withdraw; and the House took into Consideration, what Answer to give to this Petition.
Resolved, To give this Answer:
Answer to it.
"That this House approves of this their Petition; and to let them know, that their Lordships Desires and Endeavours have always been, to secure the Peace and Happiness of this Kingdom; and their Lordships are offering such Propositions of Peace to His Majesty, as they hope will settle the Peace of the Kingdom; and that they will take their Petition into Consideration."
Then the Petitioners were called in, and the Speaker gave them an Answer as aforesaid; and then they departed.
Captains Slingsby and Wake.
Ordered, That the Cause of Captain Slyngsby and Captain Wake shall be heard to To-morrow Morning.
Mr. Rumler to send Medicines to Oxford, for the King's Use.
Ordered, That Jo. Wolfgang Rumler, His Majesty's Apothecary, shall have a Warrant, to send to Oxford such Parcels of Apothecaries Stuff as are for His Majesty's own Service; and that they may be searched here before they go; and Mr. Rumler to have a Pass, for himself and his Men and Horses.
Venetian Ambassador, a Pass for himself and Family.
Ordered, That the Venetian Ambassador shall have (fn. 2) a Pass, to go quietly in his Journey, going out of this Kingdom, for himself, Wife, &c.
Ordinance and Instructions from the H. C. for Concurrence.
Next, was read an Ordinance of Parliament, brought up Yesterday from the House of Commons, for an Association of Norff. and Suff. &c. (Here enter it.)
2. Was read Instructions to the Deputy Lieutenants for the Counties aforesaid associated. (Here enter them.)
Message to the H. C. that the Lords agree to them.
A Message was sent to the House of Commons, by Sir (fn. 3) Robert Rich and Mr. Page:
To let the House of Commons know, that this House agrees with them in the Ordinance for Association of the Counties of Norff. and Suff. &c. and also to the Instructions to the Deputy Lieutenants of the said Counties.
Bill for settling the Militia.
Ordered, That the Bill for settling the Militia shall be taken into Consideration To-morrow.
Subject of the Conference about the Propositions.
The Speaker is to let the House of Commons know at this Conference, "That (fn. 4) they have Consideration of some Propositions to be presented to the King, and desire their Concurrence therein; and to let them know, that their Lordships are in Hand with a Bill for settling the Militia, and for clearing and vindicating the Earl of Manchester and the Five Members of the House of Commons; and, as they are Resolved of, their Lordships will communicate them to the House of Commons; also that this House thinks Sir John Brampston, Knight, to be fit to be recommended to be Lord Chief Justice of the King's Bench, he having suffered the Loss of that Place by reason of his Attendance and Obedience to this House; and their Lordships have forborn to put his Name in, in the Proposition, because he hath been impeached by them; therefore offer it to their Consideration."
Lady Gerrard's Horses to be restored to her.
Ordered, That the Lady Gherrard's Horses that were taken from her in Longe-Acre shall be restored to her.
The House of Commons being come in the Painted Chamber, this House was adjourned during Pleasure; which being ended, the House was resumed.
The Propositions to be presented to the King:
Propositions to the King, for accommodating Differences.
"Your Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament assembled, having always in their Thoughts the Glory of God, Your Majesty's Honour, and the Prosperity of Your People; and being most desirous to put an End to the Miseries which now infest, and further threaten a Desolation of this Kingdom, if not timely prevented; and that they may provide for the Safety of Your Majesty's Royal Person, and for the Defence of Your loyal Subjects, against all such as would with their Ruin destroy the Worship of God in His true Religion, the Laws of this Land, and the Rights and Privileges of Parliament; and also to settle such a Way for the future, as the like or other Distractions and Distempers may not again break forth; do most humbly beseech Your Majesty to accept of and grant these their most humble Desires and Propositions, as the most necessary and effectual Means thereunto, through God's Blessings; and that thereby Your Majesty may live in as great Honour as any of Your Royal Ancestors have done, and be as formidable to Your Enemies as any of Your Predecessors have been; and that Your Subjects, with Peace and Plenty, may with Gladness of Heart perform their Duties to God and Your Majesty, and enjoy their just Liberties under Your most Gracious Protection:
"1. That Your Majesty will be pleased to give Your Royal Assent unto the Bill for taking away superstitious Innovations; to the Bill against scandalous Ministers; to the Bill against Pluralities; and to the Bill for a Consultation to be had with Godly, Religious, and Learned Divines; that Your Majesty will be pleased to promise to pass such other good Bills, for settling of the Church Government, as, upon Consultation with the Assembly of the said Divines, shall be Resolved on by both Houses of Parliament, and by them be presented unto Your Majesty; and that Your Majesty will confirm the Declaration passed in both Houses, for the taking away of Bishops, Deans, and Chapters; and that such unnecessary Ceremonies as are offensive to tender Consciences may not be pressed upon Your Majesty's good Subjects, as hath already been graciously promised by Your Majesty.
"2. That the Rights, Liberties, and Privileges of Parliament, may be no Ways infringed, but maintained.
"3. That such as have been impeached by the House of Commons before the First Day of January, 1641, and likewise the Lord George Digby, shall be left to their due Trial in Parliament; and that the Marquis of Hertford may be removed from his Charge about the Prince; the Earl of Bristoll, the Lord Herbert of Ragland, Mr. Percy, Mr. Jermyn, and Mr. Willmott, may be removed from the Verge of the Court.
"4. That Your Majesty will be pleased to pass an Act in such a Manner, as may vindicate and secure the Privilege of Parliament from the ill Consequences of the late Precedent, in the Charge and Proceedings against the Lord Kymbolton, now Earl of Manchester, and the Five Members of the House of Commons.
"5. That Your Majesty, upon the humble Petition of both Houses of Parliament, will be pleased to grant Your Letters Patents to, to be Chief Justice of Your Court of King's Bench; to the Lord Chief Justice Bankes, to be continued to be Chief Justice of Your Court of Common Pleas; to Mr. Justice Foster, to be Chief Baron of Your Court of Exchequer; and that Mr. Justice Reeves may be continued One of the Judges in Your Court of Common Pleas; to Mr. Justice Bacon, to be continued One of the Judges in Your Court of King's Bench; to Mr. Serjeant Wylde, to be One of the Judges of Your Court of King's Bench; to Mr. Serjeant Rolls, to be One of the Judges of Your Court of King's Bench; to Mr. Serjeant Pheasant, to be One of the Judges of Your Court of Common Pleas; to Mr. Serjeant Atkins, to be One of the Judges of Your Court of Common Pleas; to Mr. Serjeant Cresheld, to be One of the Barons of Your Court of Exchequer; to Mr. Hackwell, to be One of the Barons of Your Court of Exchequer; to Mr. Samuell Browne, to be One of the Barons of Your Court of Exchequer: And that all of them may hold their Places, Quam diu bene se gesserint.
"6. That such Justices of the Peace that have been lately put out of the Commission of the Peace, in the several Counties of England and Wales, may be restored; and that the Lord Keeper be commanded to review the Commission, and to omit such as are unfit for Government.
"7. That Your Majesty's Royal Assent may be given unto such Acts as shall be advised by both Houses of Parliament, for the satisfying and paying of those Debts wherein the Kingdom now stands engaged.
"8. That all Acts of the Council Table, that do concern Government, may be attested under the Hands of those who give the Advice.
"9. That an Act of Oblivion may pass, for all Crimes and Offences committed, or pretended to be committed, excepting the Persons desired to be brought to their Trials in Parliament.
"10. That Your Majesty's General Pardon may be granted to all, excepting such as before are named.
"11. It is humbly desired, That Your Majesty will declare Your Pleasure, whether you will not have a Cessation from all Manner of Acts of Hostility for Fourteen Days; the said Cessation to commence from such a Time as shall be agreed on by Your Majesty and the Two Houses of Parliament.
"12. That the Laws against Popish Recusants may be put into due Execution."
Declaration for associating Norfolk, Essex, Suffolk, &c.
"The Lords and Commons now in Parliament assembled, being certainly informed that Papists and other wicked and ill-affected Persons have traiterously combined together, and entered into Association, and have raised, and daily do raise, great Forces both of Horse and Foot, in several Counties of this Kingdom, and have plundered, spoiled, and destroyed, Multitudes of His Majesty's good Subjects, and, if not timely prevented, will utterly subvert and destroy the true Protestant Religion (which is their chief Design), the Laws of the Land, the Privileges of Parliament, and the Liberty of the Subject: The Lords and Commons do Declare, That they hold it a Thing most fit and necessary for the present State of this Kingdom, and do accordingly Order, That all Lords Lieutenants, Deputy Lieutenants, Colonels, Captains, and other Officers, and all other well-affected Persons, Inhabitants in the several Counties of Norff. Suff. Essex, Cambridge, and Isle of Ely, Hartford, and the County of the City of Norwich, shall and may associate themselves, and mutually aid, succour, and assist one another, in the mutual Defence and Preservation of themselves, and of the Peace of the said Counties, from all Rapines, Plundering, Spoiling of the said Papists and other ill-affected Persons.
"And it is further Ordered and Declared, That the said Lords Lieutenants, Deputy Lieutenants, Colonels, Captains, and other Officers, have Power and Authority to raise Forces of Horse and Foot, and to lead them into any Place which shall be fitting and convenient, and to give Battle and to fight with all such as are, or shall be, raised to levy War against the Parliament, and all other Forces raised without Authority and Consent of both Houses of Parliament, that make any Insurrection, and plunder and destroy His Majesty's good Subjects; and them to invade, resist, suppress, subdue, and pursue, kill, and slay, and put to Execution of Death, and by all Means to destroy, as Enemies of the Kingdom; and to perform all Things else needful for the Preservation of the Safety and Peace of the said Counties, either by Water or Land, observing, from Time to Time, such other Directions and Commands, as they shall receive from both Houses of Parliament, or from the Earl of Essex Lord General; and that the said Inhabitants of the said several Counties, and every of them, for so doing, shall be saved and kept harmless by Power and Authority of Parliament.
"And the said Lords and Commons, taking into their serious Considerations the Necessity of appointing a Commander in Chief over the Officers, which are or shall be raised in the Counties aforesaid, or any of them, for the Service aforesaid, in regard that, by particular Commissions already granted to Persons in the said several Counties, there is not Power given to lead Forces out of their own Counties: It is Ordered, That the Lord General the Earl of Essex shall be desired to grant a Commission to William Lord Gray of Warke, to command in Chief, as Major General of all the Forces to be raised in the said Counties, and to have Power to lead, conduct, and carry the same, to such Places, within the said Counties, as he shall think fit for the Defence of the said Counties; and likewise Power to give the same Orders and Instructions, in his Excellency's Absence, for regulating the Soldiery, which is, or shall be, under his Command, as his said Excellency hath given to his Army; and to use Martial Law, to compel Obedience thereunto, as Occasion shall require; and also Power and Authority to make and to appoint Colonels, Captains, and other Officers, for levying, conducting, and leading the said Forces, as he shall think fit."
Order for a Watch in Southwark.
"That whereas, by a late Ordinance of both Houses of Parliament, it was appointed that Courts of Guard, Posts, and Chains, should be erected in the Borough of Southwarke; and that a competent Number of the Trained Bands and Voluntiers, listed under Command, in the said Borough and adjacent Parts, should be appointed by the several Captains to keep a constant Watch, or Guard, by Day and by Night, for the Safety of the same: Now, whereas the Houses are this Day informed, that divers Persons ill-affected to the Public Safety do refuse to give their due Attendance on the said Service, it is this Day Ordered, by the Lords and Commons in Parliament, That the several Captains of the Trained Bands, and Companies of Voluntiers, in the said Borough, shall have Power to command and appoint a competent Number of the said listed Soldiers, to keep a constant Watch, or Guard, both by Day and Night, such as in their Discretions (by Agreement amongst themselves) shall be thought necessary, for the Safety of the said Borough; and if any Soldier, warned to give his Attendance either by Drum or otherwise, shall refuse to make his due Appearance, or, being come, shall not carefully and duly attend the said Service, according to the Direction of the said Captains or their Officers, that, on every such Misdemeanor, the Party so offending shall forfeit and pay the Sum of Two Shillings and Six Pence, to the Officers then attending, who is therewith to hire others, for the Discharge of the said Service; and in such Case, where divers Parties are listed to One Arms, every Party shall contribute proportionably, after the Rate of Two Shillings and Six Pence for Day and Night, for what is past, and shall be to come; and that these Soldiers, who as Soldiers give their Personal and due Attendance on the said Guards, shall, during this Occasion, be, in respect thereof, exempted from their other Attendance of watching in the said Borough as Inhabitants."
Order for raising Dragoons in Cambridge.
"Whereas divers Gentlemen and other well-disposed Persons of the County and Town of Cambridge, seeking the Preservation of Religion, and the Laws and Liberty of the Kingdom, and the Safety of the Lives and Goods of the Subjects from the Violence and Rapine of the King's Soldiers, have declared themselves willing to raise a considerable Number of Dragooners, in the said Town and County, and to set them out with a Month's Pay, to be employed as abovementioned, under the Command of his Excellency the Earl of Essex Lord General: The Lords and Commons do Declare the same to be a very acceptable Service to the Commonwealth, and of special Use at this Time, if that good Affection be speedily put in Execution; and do thereupon Order and Appoint, That Sir Thomas Martin Knight, and Thomas Symons Esquire, Two of the Deputy Lieutenants of that County, or either of them, be hereby authorized to raise and list the said Men, and to present to the Lord General the Names of some fit Persons, to be approved by his Excellency, to lead and conduct the said Dragooners, under the Command of the Two Deputy Lieutenants abovementioned, to the Town of Alisbury, their Rendezvous, or some other convenient Place not far; and from thence to be employed as the Lord General think fit, by his Excellency's Commission; and, if they shall be contented to stay beyond a Month, that then they shall be received into the Pay of the Army, if his Excellency see Cause to employ them; and, if they should be desirous to return to their own Houses after that Month expired, they shall, upon Signification of that their Desire to his Excellency, be dismissed, and discharged of any further Attendance upon that Service, with Thanks and good Acceptation of their Readiness in this dangerous Time to assist in the Public Defence of the Kingdom: And it is further Ordered, That there shall be a sufficient Warrant for the said Sir Thomas Marten and Thomas Symons, for levying, raising, and commanding, all such Dragooners as is beforementioned; and that, for their Proceeding therein, as well the said Sir Thomas Martin and Thomas Symons, as all other Officers and Soldiers to be raised by them, or either of them, shall be protected by the Authority and Power of Parliament; and all the other Deputy Lieutenants and Officers, and all His Majesty's loving Subjects, are commanded to be aiding and assisting to them, and such other as shall be employed by them, for more speedy and effectual Execution of this Service."
For Indemnity of some Persons proclaimed Traitors in the County of Cambridge.
"Whereas His Majesty hath set forth, and commanded to be published in the County of Devon, divers Printed Papers, in the Form of Proclamations, whereby Sir George Chudley, Sir John Northcott, Baronets, Sir Samuell Roll, Sir Nicholas Martin, Knights, Persons well-affected to the Public, are without any Process of Law or Judgement proclaimed Traitors, who have carefully performed their Duties, in assisting the Parliament, and opposing those wicked Counsellors and Cavaliers about the King, which endeavour the Destruction of our Religion, and Desolation of this Land: The Lords and Commons in Parliament do Declare, That the said Printed Papers, in the Form of Proclamations, and the Publishing thereof, are against the Laws of this Kingdom; and that such Persons, as have been, or hereafter shall be, proclaimed Traitors by the said Printed Papers, or any others of the like Nature, shall be defended and protected, by the Power and Authority of Parliament, from any Damage or Prejudice to their Persons or Estates, by Reason or Colour of any such Printed Papers or Proclamation heretofore published, or which shall be hereafter published, or contrived against them: And the said Lords and Commons do hereby strictly forbid the Publishing of any such Printed Papers or Proclamations; and do authorize and require all Officers and others His Majesty's good Subjects to apprehend, and bring in safe Custody to the Parliament, and to seize the Goods and Profits of the Lands, to be accountable for the same to both Houses of Parliament, all such Persons as have already published, or which hereafter shall publish, any such Printed Papers or Proclamations, to the End they may receive due Punishment for their Offences.
"It is [ (fn. 5) further Ordered], by the Lords and Commons, That this Declaration be forthwith printed, and published in all Parish Churches and Chapels in the County of Devon, by the Vicars and Curates thereof."
"Instructions for the Lords Lieutenants, Deputy Lieutenants, and other Officers and Commanders, in the Counties of Norff. Suff. Essex, Cambridge, Isle of Ely, Hartford, and County of the City of Norwich.
Instructions for Norfolk, Suffolk, Essex, &c.
"1. That the Lords Lieutenants of the several Counties of Norff. Suff. Essex, Cambridge, Isle of Eley, Hartford, and the County and City of Norwich, or the Deputy Lieutenants of the said Counties respectively, or any Two or more of them, with all convenient Speed, do summon the several Gentlemen, Freeholders, and other Inhabitants, of the said several Counties, as well within Liberties and Corporations as without, that do or are able to bear or find Arms, to such Places in the said several Counties as they hold most fitting; and, at such Meetings, to take a View what Arms and Force can be raised in the said Counties respectively, and examine the Defects of Arms and Ammunition, and to consider of some sitting Course how to have the Want of Arms and other Defects to be supplied; and, at such Meeting, or at any other fit Time or Times, the said Deputy Lieutenants, or any Two of them, with the Assistance of the Committee for the Propositions and Subscriptions in the several Counties, or any Two of them, shall and may propound to all the Inhabitants of the said Counties, Cities, and Corporations, that are able to bear or find Arms, or to contribute towards the same, what present and imminent Danger and Necessity the whole Kingdom is now reduced unto, by the wicked Advice and Attempts and Conspiracies of Papists, and other Persons now about His Majesty; and to propound to them, to join in an Association and mutual Defence one of another, according to the Form of an Association hereunto annexed; and to require them to set down in Writing, and subscribe, what Arms for Horse and Foot, what Horse, either Dragooners or others, they will have in Readiness, upon every just Occasion, for the Defence of the said Counties.
2. Secondly, The better to prevent the Plundering and Spoiling of the said Counties, and to have Means for the Furnishing of Arms and Ammunition, Making of Fortifications, and Payment of Officers, and other Public necessary Charges, that there be forthwith raised, in the said several Counties respectively, the Fourth Part of such like several Sums, as were assessed upon the said Counties, by virtue of the Act lately made in this present Parliament, for the raising of Four Hundred Thousand Pounds; the same Fourth Part to be raised by Way of Tax and Rate upon the said several Counties respectively.
3. And for the better Levying of the said Fourth Part of the said Sum of Four Hundred Thousand Pounds, or of any other Sum to be assessed and set upon the said Counties for the Defence and Preservation of the same, by Consent of both Houses of Parliament, That the Lords Lieutenants and Deputy Lieutenants of the said Counties respectively, or any Two or more of them, shall and may assess and tax, or cause to be assessed and taxed, the said Sum and Sums, upon the several Cities, Corporations, Hundreds, Towns, and Hamlets, in the said several Counties, after the most industrious and usual Proportion of other Rates in the said Counties; and that they, or any Two or more of them, nominate and appoint Treasurers, Collectors, and Assessors, in every County abovesaid, for the assessing, receiving, and collecting, such Sum or Sums of Money as abovesaid; and that the said Lords Lieutenants, Deputy Lieutenants, or any Two or more of them, shall and may grant Warrants, under their Hands and Seals, in Writing, to any Constables or other Officers whatsoever, to raise and levy the said Sum and Sums, so to be assessed and taxed as abovesaid, upon all such Persons, upon whom any Sum shall be so assessed and set as abovesaid, that do refuse or neglect to pay the same, by Way of Distress and Sale of the Goods of the Person so refusing or neglecting to pay the same; and, in Case no Distress is or may be found, then the said Lords Lieutenants, Deputy Lieutenants, or any Two or more of them, shall and may commit such Person and Persons, so refusing and neglecting to pay as abovesaid, to some common Gaol, there to remain without Bail or Mainprize, until Payment made of such Sum and Sums as abovesaid.
"4. That all Sheriffs, Justices of Peace, Mayors, Bailiffs, and Constables, and all other His Majesty's Officers, as well within Liberties as without, be, from Time to Time, aiding and assisting unto the said Lords Lieutenants, and Deputy Lieutenants, in Execution of the Power to them given by both Houses of Parliament, and of these Instructions.
"5. That the Lords Lieutenants, Deputy Lieutenants of the said several Counties, or any Two or more of them, do put in Execution, in the said Counties, all former Instructions to them granted by both Houses of Parliament, for the executing of the Militia, disarming of Popish Recusants, and other illaffected Persons, and for the preserving the Peace of the said Counties.
"6. That no Treasurer and Receiver of any Money shall issue out any Money, but under the Hands of the Lords Lieutenants, or Two or more Deputy Lieutenants, in every County respectively; and that the several Lords Lieutenants and Deputy Lieutenants do not sign or grant any Warrants, for the issuing or re-paying any Sum or Sums, but for the Furnishing of Arms and Ammunition, Making of Fortifications, Payment of Officers and Soldiers, and other necessary Public Charges tending to the Safety and Preservation of the said Counties, and not otherwise.
"7. That the Lords Lieutenants, Deputy Lieutenants of every the said Counties respectively, or any Two or more of them, shall and may, from Time to Time, raise such and so many of the Trained Bands, and other Persons inhabiting in the said Counties, as they shall judge necessary and fitting, to enter into the Houses of all Papists, and other Persons that are voted to be Delinquents by both or either Houses of Parliament; or that have put in Execution the Commission of Array, or that have been present with, or aiding and assisting to, His Majesty, in this unnatural War against the Parliament; or that, being of Ability, have not contributed upon the Propositions for raising of Horse, Money, or Plate, for the Defence of the King and Parliament; or that have refused to send Horse and Arms for the Musters, when by the Deputy Lieutenants appointed by Power of Parliament have been required so to do; or such Clergymen or others that have publicly preached or declared themselves to oppose, disgrace, or revile, the Proceedings of both or either Houses of Parliament; and to seize upon the Arms, Ammunition, and Horses fit for Service in the War, that belong to such Person and Persons; the same Horses, Arms, and Ammunition, to be employed and disposed of, by the Direction of One or more of the Deputy Lieutenants of the said Counties, for the Public Service and Defence of the several Counties, and in the mean Time to be kept in some safe Place.
"8. That, in every County, the Lords Lieutenants, Deputy Lieutenants, or any Two or more of them, do cause the several Companies of the Trained Bands and Voluntiers to be put into Regiments; and to nominate, appoint, and place Colonels, Lieutenant Colonels, Serjeant Majors, Captains, Lieutenants, and other Officers, in every Regiment and Company where any such are wanting, or when such as are or have been nominated have refused to execute their Places.
"9. That the Lords Lieutenants, Deputy Lieutenants, or any Two of them, in each County respectively, do nominate and appoint One experienced Soldier in every Regiment to be an Adjutor, to be resident in the said Counties, to exercise the several Companies of the said Regiment, and to be aiding and assisting to the Colonel from Time to Time, and to do and perform all such Commands, as he shall receive from the Lords Lieutenants, Deputy Lieutenants, or the said Colonel; and also to have in every Regiment One experienced Soldier, to be a Serjeant, to exercise and teach the several Companies, and to execute the Commands of the Lords Lieutenants, Deputy Lieutenants, or the Colonel, Lieutenant Colonel, or Serjeant Major of the said Regiment, and the said Serjeant to have the Pay of a Serjeant to a Company; and also that, in each Troop of Horse, there be an experienced Soldier appointed to be a Corporal.
"10. That the Dragooners be put into Companies, and that One Hundred and Twelve be allotted to a Company; and that each Company of Dragooners have an experienced Soldier to be a Corporal, and he to have the present Pay of a Corporal.
"11. That the Lords Lieutenants, Deputy Lieutenants in each County respectively, or any Two or more of them, shall and may have Command and Directions, from Time to Time, to secure and fortify all Bridges, Causeys, and Passages, and, in Time of Approach of an Enemy, or Fear of any Invasion by an Enemy, to pull down or stop those Bridges, Causeys, Passages, and to cut the Banks, in the said Counties respectively; and to have Power to fortify and secure any Town, Hundred, or Hamlet, where the said Town, Hundred, or Hamlet, are willing to do the same at their own proper Charges; and also to have Power, at all Times, to seize and stop all Barges, Boats, or other Vessels, passing by Water, for the Safety of the said County.
"12. That the said Lords Lieutenants, Deputy Lieutenants, or any Two of them, shall and may imprison, or commit to safe Custody, all and every such Persons as, being able, and have had due Summons, do notwithstanding refuse, or wilfully neglect, to appear at Muster, or to send some able Persons, to be allowed of by the Captain, or Chief Officer of the Company, in his Behalf."
Their Form of Allociation.
"Whereas the Lords and Commons now assembled in Parliament have taken into their Considerations, That, in Times so full of Division and Danger as these are, an Union of our Hearts and Forces is most conducing to the Public Good and Safety of the whole Kingdom; and have therefore Ordained, That the Inhabitants of the Counties of Essex, Suff. Norff. Cambridgshire, and Hertfordshire, together with the Isle of Ely, and County of the City of Norwich, should enter into an Association with one another, for the Maintenance and Preservation of the Peace of the said Counties: Therefore, in Pursuance of the said Order, and the better to confirm a mutual Confidence in one another, we whose Names are hereunto subscribed do hereby promise, testify, and declare, to maintain and defend, with our Lives, Powers, and Estates, the Peace of the said Counties; and to aid and assist one another, under the Command and Conduct (fn. 6) of such Person as now hath, or hereafter shall have, by the Authority of both Houses of Parliament, the Command in Chief of all the Forces of the said Counties, according to the true Intent and Meaning of the said Order of Association, whereunto we do most willingly give our Assents, and, neither for Hope, Fear, or other Respect, shall ever relin quish this Promise."
Westminster Petition to both Houses.
"To the Right Honourable the Lords and Commons now assembled in Parliament.
"The humble Petition of the Inhabitants of the Cities, and Liberties of Westm. and the Dutchy of Lancaster;
"That your Petitioners, being sensible of the miserable Effects of War, and the Ruin and Desolation that will unavoidably overwhelm this miserable Kingdom, now distracted and much divided, and engaged in an unavoidable intestine and bloody War; and in their own Particulars having already tasted of some Part of those Miseries, by the Death of some of their nearest and dearest Friends, and great Losses in their Callings; and also taking into Consideration the lamentable and miserable Effects, that the late unhappy Civil Wars have produced in Germany, and by the present Rebellion in Ireland; and that, if this War and Dissention still continue in England, the same will not only greatly prejudice, but also hazard the Religion, Estates, Lives, and Liberties, of their poor distressed Brethren in that Kingdom; they cannot but seek Peace (the only Cure of their Miseries), both by their Prayers to God, and in their humble Petition to this Honourable Assembly; (fn. 7) whose Desires and Endeavours for Peace, heretofore expressed, they do acknowledge with all humble Thankfulness.
"Wherefore the Petitioners most humbly and heartily beseech you, take into your most Honourable Consideration the miserable Estate of this Kingdom, in which your Petitioners Calamities are involved; and thereby (if it be possible) to prevent the further Miseries thereof, and the Effusion of more Christian Blood, by a speedy, seasonable, and happy Accommodation between His Gracious Majesty and both Houses of Parliament; wherein they doubt not but you will, to the Glory of God, settle the true Protestant Religion against all Papists, Sectaries, and Schismatics, that shall go about to oppose it; to restrain all Prophaneness of the Lord's-day, and establish the orderly Worship of God in His House; and to provide for the Preservation of the Person and Honour of His Sacred Majesty, the Upholding the just Rights and Privileges of Parliament, and the present and seasonable Settling of the Peace of the Kingdom, whereby they may enjoy the Benefit of their Laws (the greater Protector), of their Lives, Liberties, and Properties.
"And they shall pray that the God of Peace will bless you in this Work of Peace."
The Lords Protestation:
Protest against One of the Articles of the Propositions to the King— that those Delinquents, named by the Committee, who are impeached, shall be brought to Trial; but the others not.
"Whereas, upon the 19th of December, a Question was put in this House, in these Words; videlicet, "That such as are of Opinion that a Committee be appointed to nominate some of the Delinquents, that are impeached by the House of Commons, to be represented to the King, to be left to the Trial of Parliament, and for the leaving out of others that are impeached, at this Time, say, Content; such as are of another Opinion, say, Not Content;" which Question did pass in the Affirmative:
"And whereas the Committee did accordingly nominate some Persons that were impeached, leaving out others which were likewise impeached; whereupon a Question was this Day put, in these Words following; videlicet, "Such as are of Opinion to agree with the Opinion of the Committee, That, at this Time, such as the Committee have named, which are impeached by the House of Commons, shall be left to Trial of Parliament, omitting the rest of those which are impeached, say, Content; such as are of another Opinion, say, Not Content;" which Question likewise passed in the Affirmative:
"Now we, whose Names are subscribed, do conceive that the demanding by this House of some to be left to Justice, leaving out of others who are under the like Impeachment of High Treason, and have been by Force of Arms protected from being brought to a Trial in the Highest Court of Judicature, is an Example of very ill Consequence; both because, as we conceive, it is not proper for this House to move the House of Commons in the stopping of their Proceedings upon Impeachments, and in that it doth not only give Encouragements to a King to attempt the like Stoppage of Justice by Force, and from this Precedent to stand upon the protecting of Persons impeached, but to Subjects also, who may be induced to undertake any Thing, in Hopes of Impunity, even from the Desires of this House, which hath not demanded any One of those to be left to Trial, who, since His Majesty's going to Yorke, have been impeached of Treason, for actual levying War against the King and Kingdom.
"Upon these, amongst other Reasons, we, having demanded our Right of Protestation, do now accordingly enter it, to clear ourselves from any Inconveniences that may follow from these Votes; which are, in our Opinion, very prejudicial to the Privileges of Parliament, and the Liberty of the Subject:
"L. Viscount Say & Seale.
"Ds. Willoughby of Parham.
"Ds. Grey of Warke."
House adjourned till 10a cras.