Journal of the House of Lords: Volume 8, 1645-1647. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Saturni, 7 die Februarii.
PRAYERS, by Mr. Dr. Hill.
Comes Manchester, Speaker.
Answer from the H. C.
Sir Edward Leech and Mr. Page returned with this Answer to the Message sent to the House of Commons:
1. That they will give a Free Conference this Day, at Ten of the Clock, as is desired.
2. They agree in the Alterations in the Ordinance concerning Lieutenant General Cromwell.
3. Concerning the Lord Greye's Letters, they will take them into Consideration, and have appointed that House to be put in Mind of that Business.
4. To all the rest of the Particulars, they will (fn. 1) send an Answer by Messengers of their own.
Rawleigh to speak with Ld. Savill.
Ordered, That Mr. Carew Rawleigh shall have Liberty to speak with the Lord Savill, a Prisoner in The Tower of London.
Ordinance concerning Trin. Coil. Cambridge.
An Order was presented to the House, for putting divers Scholars into those Places in Trynity Colledge in Cambridge, as have been put out by Ordinance of Parliament; which being read the Third Time, it was approved of. (Here enter it.)
An Ordinance concerning Salt-petre, brought up from the House of Commons, was read Thrice, and Agreed to. (Here enter it.)
The Ordinance concerning John Lewis was reported from the Committee as fit to pass, and read the Third Time, and Agreed to; and Ordered to be sent to the House of Commons, for their Concurrence therein.
Message from the H. C. for Col. Jones to be Governor of Chester;
A Message was brought from the House of Commons, by Mr. Nicolls, &c.
To desire Concurrence in these Particulars:
"1. Ordered, by the Lords and Commons assembled in Parliament, That Colonel Michaell Jones shall be appointed Governor of Chester; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission accordingly."
for Edwards to be Col. of the Chester Regiment;
"2. Ordered, by the Lords and Commons assembled in Parliament, That Alderman Edwards be appointed Colonel, to command the City Regiment of Chester; and that the Members of both Houses that are of the Committee of both Kingdoms do grant him a Commission accordingly."
for 100 Marks to be paid to Capt. Markham;
"3. Ordered, by the Lords and Commons assembled in Parliament, That Captain Henry Markham shall have the Sum of an Hundred Marks bestowed upon him, as a Gift from this House, for his good Service against Belvoir Castle, and other Services performed by him for the Parliament; and that this Hundred Marks be paid by the Committee of Lords and Commons for Advance of Monies at Haberdashers Hall; and it is recommended to the said Committee, to take Care for the speedy and present Payment of the same."
for a Thanksgiving in and near London, for the Taking of Chester;
"4. Ordered, by the Lords and Commons assembled in Parliament, That Thursday next come Sevennight shall be set apart for a Day of Public Thanksgiving to Almighty God, for His great Mercy, in giving up that strong City of Chester into the Hands of the Parliament; to be observed and kept in all Churches and Chapels in the Cities of London and Westm. and within the Lines of Communication, and Ten Miles of the said Cities; and that the Lord Mayor be desired to give the several Ministers within the Limits aforesaid timely Notice hereof, to the End they may stir up the People to a due Thankfulness, in regard both of the Seasonableness and Greatness of the Mercy."
for a General Thanksgiving for it;
"5. Ordered, by the Lords and Commons in Parliament assembled, That Thursday next come Three Weeks shall be set apart for a Day of Public Thanksgiving to Almighty God, for His great Mercy, in giving up that strong City of Chester into the Hands of the Parliament; to be observed and kept in all Churches and Chapels in the several Counties above Ten Miles distant from the Cities of London and Westm'; and that the Gentlemen that serve for the said several Counties and Places do take Care that timely Notice may be given to the several Ministers within the said respective Counties, to the End they may stir up the People to due Thankfulness, in regard both of the Seasonableness and Greatness of the Mercy."
for the Messengers to be rewarded, who brought the News of Chester and Beeston Castle being taken;
"6. Ordered, by the Lords and Commons assembled in Parliament, That Mr. Parker, who brought the Letters and good News of the Rendition of Chester, shall have the Sum of Fifty Pounds bestowed upon him, for his Pains; and that the Messenger that brought the good News of the takingin of Beeston Castle shall have the Sum of Ten Pounds bestowed upon him, for his Pains; and that the Committee of Lords and Commons for Advance of Monies at Haberdashers Hall do pay the said several Sums of Fifty Pounds and Ten Pounds to the said Mr. Parker, and the said other Messenger, respectively."
and with Ordinances.
7. An Ordinance for Doctor Walker to have the Fee of One Hundred Pounds per Annum paid by the Treasurer of the Navy, as Advocate of the Fleet.
8. An Ordinance for the Moiety of the Excise in the County of Leycester to be employed for the Service of the County of Leycest'r.
9. An Ordinance for Martial Law for the Garrisons of Ayleisbury and Newport Pagnell.
10. An Ordinance for One Thousand Pounds, out of the Excise, for the Train of Artillery of the Earl of Essex and Sir Wm. Waller.
11. An Ordinance for beating of Drums for Volunteers for Sir Tho. Fairefaix.
The Answer returned was:
That this House agrees to the Orders for making Colonel Jones Governor of Chester, and Alderman Edwards to be Commander of the Regiment in Chester; and to the Orders for keeping the Days of Thanksgiving; and to the Order for giving to Captain Henry Markham One Hundred Marks, and to Mr. Parker Ten Pounds: To all the rest of the Particulars of this Message, their Lordships will take them into Consideration, and will send an Answer by Messengers of their own.
Petition from the Court of Aldermen, &c. about the Propositions concerning the City.
This Day a Petition was presented to this House, by Alderman Foulkes who made a long Speech, and divers other Aldermen and Common Council-men; which was read, as follows. (Here enter it.)
This Question was put, "Whether the Question concerning Mr. Alderman Foukes, whether he spoke any Thing at this Bar unbefitting himself, shall be put?"
And it was Resolved in the Negative.
These Lords following dissented to this Vote:
Ordered, That the Consideration of the Petition of the City shall be taken into Consideration on Monday Morning next.
Answer to them.
Next, Alderman Foulke and the rest of the Aldermen were called in; and the Speaker, by Command of the House, gave them this Answer; which was pronounced by the Speaker:
"My Lords acknowledge the great Merit of the City of London, in their extraordinary Care and Endeavours and eminent Services for the Preservation of the Parliament and Kingdom. They will take your Petition into their speedy Consideration; and have commanded me to assure you, that they will be never wanting in returning all Expressions of Thanks and Gratitude, and in giving Testimonies to the World of their Confidence and Value of the City of London."
Next the Speaker applied his Speech particularly to Mr. Alderman Foukes; and said,
"Mr. Alderman Foukes,
"The Lords have taken Notice of your long-continued Faithfulness to the Parliament, City, and Kingdom; and have commanded me to let you know, that they give you Thanks for those your many and great Services to the Public; and particularly for all those Expressions you have this Day delivered from the City of London, which manifest your own good Affections and Faithfulness, both to this House, and to the City from whom you are sent."
Propositions concerning the City.
Because the Propositions agreed to concerning the City of London were exclusive to the Desires of the City of London in their Petition presented this Day: It is Ordered, That the said Propositions concerning the City shall not be communicated at the next Free Conference with the House of Commons; but to acquaint them, "That the Lords have not yet so fully considered of the Propositions for the City of London as they do intend, and therefore at this Time shall say nothing of it; but what they do now deliver, they intend it to be no Bar unto what they shall offer unto you in the Behalf of the City of London."
The House of Commons being come, the Lords went to the Conference.
Ordinance concerning Salt-petre.
"Whereas the great Expence of Gun-powder, occasioned by the present Wars in these His Majesty's Dominions, hath well near consumed the old Store, and doth exhaust the Magazines so fast, that, without a larger Supply, the Navy, Forts, and Land Armies, cannot be furnished; and whereas Foreign Salt-petre is not equal in Goodness with that of our own Country, and the Foreign Gun-powder far worseconditioned and less forcible than that which is made in England; and whereas divers Foreign Estates have of late prohibited the Exportation of Salt-petre and Gun-powder of their own Dominions and Countries, so that there can be little Hopes of future Expectation of any Petre or Powder to be brought into this Kingdom as in former Times, which will enforce us to make Use of our own Materials; it is held most necessary, that the digging of Salt-petre and making of Gun-powder should by all fitting Means be encouraged at this Time, when it so much concerns the Public Safety: Nevertheless, to prevent the reviving of those Oppressions and Exactions exercised upon this People under the colourable Authority of Commissions granted to Salt-petre-men, which Burthen hath been eased since the Sitting of this Parliament; and to the End that there may not be any Pretence to interrupt the Work; it is Ordained, by the Lords and Commons in Parliament, That such Persons as shall be nominated and allowed by the Lords and Commons, Members of both Houses which are of the Committee of both Kingdoms, or any Five of them, their Factors, Workmen, and Servants, shall have Power and Authority, by this present Ordinance, to search and dig for Salt-petre, in all Pigeon-houses, Stables, Cellars, Vaults, empty Ware-houses, and other Out-houses, Yards, and Places likely to afford that Earth, at fit Seasons, from Half an Hour after Sun-rising in the Morning, till an Hour before Sun-setting; and in Pigeon-houses likely to afford that Earth, at fit Seasons, from Nine of the Clock in the Morning, till Three of the Clock in the Afternoon; the said Salt-petre-men, at their own Cost and Charges, leveling the Ground, repairing any Damage which shall be done by them; wherein if the said Salt-petre-men do fail to give Satisfaction to the Contentment of the Owners, upon Complaint made by the Parties grieved, unto the Deputy Lieutenants, Justices of Peace, Committees of Parliament, or any One or more of them; and they, or any of them, shall have Power to compel the said Salt-petre-men to ley the Ground in good Order as before the breaking-up (Working only excepted), and likewise to give such reasonable Satisfaction for the Damage as he or they in his or their Discretions shall think fit; which not being obeyed, the Name and Offence of such Person or Persons refusing shall be returned unto the said Lords and Commons of the said Committee, or any Five of them: And forasmuch as the Saltpetre-men, for Provision of the State, are to bring in a Proportion of Salt-petre Weekly, which they can no Ways be able to do in case they should be denied to dig and work for Saltpetre; it is therefore Ordered, That in case any Person whatsoever shall refuse to suffer Salt-petremen, allowed by the said Lords and Commons of the said Committee, or any Five of them, to dig and work for Salt-petre, according to the Rules and Limitations beforementioned; upon Complaint thereof made to the Deputy Lieutenants, Justices of Peace, Committees of Parliament, or any One or more of them, then they, or any One of them, shall thereby have Power to enforce the Obedience of the Parties so refusing, or to certify their Offence, and Names of the Offenders, to the said Lords and Commons of the said Committee, or any Five of them, to be proceeded against according to their Demerits: And it is likewise Ordained, That the said Salt-petre-men, for the Carriage of the Liquor, Vessels, and other Utensils, from Place to Place, and delivering of the Salt-petre where the same shall be made into Gunpowder; it shall be lawful for the said Salt-petremen to demand and take Carts, by the known Officers, so as the Lading shall not exceed Twenty Hundred Weight, and the Journey not exceed Ten Miles by the common Estimation, for Carriage, whereof the Owner shall be paid after the Rate of Eight Pence per Mile, and the empty Vessels are to be re-carried gratis; and the said Salt-petre-men are likewise to be freed from all Taxes and Tolls demandable for any of their Carriages used about their said Works; and it case any Person whatsoever shall refuse to suffer the said Salt-petre-men to dig or do any other Thing in Pursuance of this Ordinance, according to the Limitations and Directions hereby given, then the Salt petre-men shall return the Names of such Persons so refusing to the said Lords and Commons of the said Committee, or any Five of them, to be proceeded against according to their Demerits; by which Means, the Work of making Powder in this Kingdom (which else will be let fall in this Time of Danger) may be continued and cherished, and the Subjects may have the Benefit of Powder at far easier Rates than otherwise it would be sold for: For which Purpose, it is lastly Ordained, That the said Lords and Commons of the said Committee shall, by virtue of this Ordinance, have Power and Authority to put the Ordinance in Execution, and to do and perform all such Thing and Things as to them shall seem expedient for the better effecting of this Service: And it is further Ordained, That such Salt-petre-men as shall be allowed as aforesaid shall take such Out-houses for their Workhouses, to set their Vessels and Utensils in, as shall be fit, and may reasonably (fn. 2) be spared, and to have, take, and draw Water, fit for their said Works; they giving Satisfaction for (fn. 2) it to the Contentment of the Owners thereof; or, if they shall not agree of such Satisfaction, that then they appeal to the Deputy Lieutenants, Justices of Peace, or Committees of Parliament, or any One or more of them, who may make such Order therein as to him or them shall seem fit, which Order shall bind both Parties: This Ordinance of Parliament to continue for Three Years, from the 26th Day of March, 1646."
Petition from the Court of Aldermen and Common Council, about Prepositions concerning the City and their Militia being presented to the King when the others are.
"To the Right Honourable the Lords now assembled in the High Court of Parliament.
"The humble Petition of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council assembled;
That, in May, 1644, both Houses (by divers honourable and worthy Members thereof) were pleased to make known to the Petitioners in Common Council, That they were preparing some Propositions to be presented to His Majesty, tending to a safe and well-grounded Peace; and, to express their Gratitude in the most essential Manner and Way (for the City's great Charge and Care undertaken upon all Occasions for Safety of the Parliament), declared, That if the Petitioners would think of some Propositions for the Good of the City, the Houses would take them into Consideration, and present the same unto His Majesty on the Behalf of this City; for which eminent Favour the Petitioners are most humbly thankful.
"That the Petitioners having prepared and presented Twenty-eight Propositions accordingly; in October, 1644, the Honourable House of Commons (by divers worthy Members thereof) declared to the Petitioners in Common Council, That they were very sensible of the City's Readiness and good Affection, upon all Occasions, in promoting the common Cause, and therefore could not but be very attentive to any Propositions that should be made for the Honour, Safety, and Good of this City; and that now, the Parliament intending suddenly to send their Propositions to the King, the Petitioners were desired to present speedily some few Propositions of most Importance, and to involve the rest in general Terms, that so the Propositions of the Two Kingdoms might not be retarded.
"That the Petitioners thereupon presented only Six Propositions; whereof One was,
That the Militia of the City of London may be in the Ordering and Government of the Lord Mayor, Aldermen, and Commons in Council assembled, or such as they shall from Time to Time appoint, whereof the Lord Mayor and Sheriffs (for the Time being) to be Three; and that the Militia of the Parishes without London, and the Liberties within the Weekly Bills of Mortality, may be under Command of the Lord Mayor, Aldermen, and Commons in Common Council of the said City, to be ordered in such Manner as shall be agreed on and appointed by both Houses of Parliament.
That the Complaint of divers Inhabitants of the County of Midd. and Surrey against the latter Part of the said Proposition was referred to a Committee of the Honourable House of Commons, before whom they were heard by Counsel and otherwise, and the City's Answers thereunto; and afterwards the said Proposition (without any Alteration) was, in November, 1644, with divers other Propositions, presented to His Majesty at Oxford, by Committees of both Houses of Parliament, and Commissioners from the Kingdom of Scotland, as the humble Desires and Propositions for a safe and well-grounded Peace, agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms, to be presented to His Majesty.
"That, since the Propositions were so presented, the Petitioners had Notice, that it was voted in the Grand Committee of the Honourable House of Commons, the 18th of November last, That an Act be passed, for the granting and confirming of the Charters, Customs, Liberties, and Franchizes of this City; and that the other Propositions touching this City be referred to a Sub-committee, therein named; and that the Honourable House of Commons voted, the 4th of December last, That the Committee therein named should confer with the Lord Mayor, Aldermen, and Common Council of this City, or such as they should appoint, touching the Petitioners Proposition, and Desire for the Militia of this City; and to acquaint them with the Debates of the Grand Committee upon this Business, and Reasons thereof.
"That the Petitioners thereupon taking the same into serious Consideration, as a Thing of so great Concernment to the City; the Sixth of December last, appointed Three Committees to join in One, and to attend the said Committee of the Honourable House of Commons, and to endeavour the upholding and maintaining the said Proposition as it then stood, in Behalf of this City: That the Petitioners said Committee did attend accordingly upon every Summons, and, on Behalf of this City, declared, in the Presence of divers Inhabitants of Midd. and Surrey, That having formerly answered their Complaint, and the said Proposition being after approved of by the Parliaments of both Kingdoms, and tending to a safe and well-grounded Peace as aforesaid, they did adhere to the said Proposition; and that, if any Objections were made against it, they were ready to give further Answer thereunto.
"That the said Inhabitants refusing to make known their Objections against the said Proposition, it pleased that Honourable Committee, the 8th of December last, to propound to the Petitioners Committee Two Questions in Writing; the One, "Whether the Power expressed in the said Proposition concerning the Militia of this City be contained in the Charters or ancient Customs of this City?" and the other, "in case the City have not that Power already, what Power concerning the Militia of this City is desired more than is in the City already?"
"That the Honourable House of Commons, the 11th of December last, ordered, that the whole Proposition, as well concerning the Militia within the Lines of Communication as that concerning the City, should be referred to the said Committee.
"That those Two Questions and Order (fn. 3) being made known to the Petitioners by the Committee, they presented in Writing, on the 15th of December last, to the said Committee of Parliament, the humble Answer (to the said Two Questions) and Desires of this Court, that, for Reasons formerly given, they may have such Power of the Militia of this City, and Parishes within the Weekly Bills of Mortality, as is expressed in the said Proposition, approved of as aforesaid; and in case any other Questions or Objections be made against it, the Petitioners desired the same in Writing, to the End further Satisfaction be given to both or either Houses of Parliament, or to the said Committee: And the Petitioners further desired, that the Votes made in London, in January, 1641, by Way of Answer to Three Questions then propounded by a Committee appointed by this Court, concerning the raising and employing of the Forces of this City, may be recorded in both Houses of Parliament, for the Indemnity of this City, as by Copy of the said Writing annexed appeareth.
"That the Petitioners cannot understand the Pleasure of both or either Houses, or of the said Committee of Parliament, concerning the Petitioners said Answer and Desires presented in Writing; but are informed that the Parliament intend to send Propositions to His Majesty, that the whole Militia of the Kingdom shall be raised and employed by Directions of both Houses of Parliament, and that it shall be High Treason in any that shall raise and employ any Forces without such Directions; which, if so, the Petitioners humbly conceive (without some further Explanation or Provision, contrary to the Intention of Parliament), may be some Infringement of the Citizens Privileges, in being drawn out without their Consent; and the City, in case of sudden Danger (when possibly the Directions of both Houses of Parliament cannot be obtained), may be more disabled than heretofore, either to defend themselves against unlawful Force and Violence, or preserve the Peace of the Kingdom, King, and Parliament, according to their Duties expressed in the Votes annexed, both which may prove of most dangerous Consequence.
"That most Part of the Inhabitants of the said Counties of Midd. and Surrey were so far, in Times of greatest Danger, to contribute their Assistance to the Saving of the Parliament, Kingdom, or themselves, before the Militia of any Part thereof was put under the Command of this City, that the Petitioners were necessitated to send Forces out of this City, to supply the Neutrality of some, and suppress the Malignancy of others, in those Counties.
"That, since Part of the Militia of those Counties were put under the Command of this City, it hath pleased Almighty God, by several seasonable Expeditions and otherwise, to make the Inhabitants within this City and the Lines of Communication very instrumental in preserving the Kingdom.
"That the dividing of those who by the Wisdom of Parliament have been so happily joined together may prove destructive to the Parliament, City, and Parts adjacent within the Lines aforesaid; and this City may be besieged and endangered by the populous Parishes without the Liberties thereof, and within the Weekly Bills of Mortality, and by means of the Forts and Lines of Communication made and maintained at the great Charge of this City.
"That the Petitioners never intended, by their said Proposition, or otherwise, that the Militia of this City should be independent, but subordinate to the same Authority unto which the whole Kingdom is to submit.
That the Premises do manifest the Necessity and Benefit of this City having the Command of the Militia without the Liberties, within the Weekly Bills of Mortality, to be ordered in such Manner as shall be agreed on and appointed by both Houses of Parliament.
"That the Petitioners ever were, and still are, ready to treat with any that shall be authorized thereunto, either by the Parliament, or respective Counties of Midd. and Surrey, about the ordering of the Militia in the Parishes without the Liberties within the Weekly Bills of Mortality; and, if there be no such Treaty, or that it prove fruitless, yet the Inhabitants of those Counties (the Petitioners humbly conceive) have no Cause to except against the Petitioners said Proposition in that Particular, unless they will refuse to be ordered by both Houses of Parliament; for by the said Proposition it appears, the Petitioners are only the Hands to convey the Directions [ (fn. 4) of both Houses of Parliament to the Militia of those Parts, and to see those Directions] put in Execution, and by that means prevent the dangerous Inconveniency which may otherwise follow by Two Commands of equal Power in One Garrison, and in a City and Parishes so situated together.
"All the Premises considered, the Petitioners make it their humble Request;
1. That the said Answers to the Three Questions made in January, 1641, being the Judgement of the Lords and Commons of Parliament concerning the City's raising and employing their said Forces (a Copy whereof is hereunto annexed) may be recorded in this Honourable House, for the Indemnity of this City.
2. That whatsoever Act of Parliament, or Propositions, shall pass or be agreed on, concerning the Militia of the whole Kingdom, some Clause may be expressed therein to this Effect: "That this City of London shall have and enjoy all their Rights, Liberties, and Franchises, Customs, and Usages, in the raising and employing the Forces of this City, for the Defence thereof, in as full and ample Manner, to all Intents and Purposes, as they have or might have used or enjoyed the same at any Time before the making of the said Act or Proposition; to the End this City may be fully assured, it is not the Intention of Parliament to take from them any Privileges or Immunities, in raising or disposing of their Forces, which they have, or might have, used or enjoyed heretofore.
3. That the Petitioners said Proposition for the Militia may be continued entire, as formerly it was agreed on by both Houses of Parliament, and accordingly settled, with the Militia of the rest of the Kingdom, for the better Preservation and Defence of the Parliament, City, and Parts adjacent, within the Lines of Communication; and to the End the Danger which the Petitioners and their Posterity are and will be liable to, more than heretofore, may be prevented, and the granting hereof remain as a Mark of Favour to this loyal, dutiful, and faithful City, from His Majesty and both Houses of Parliament.
"And the Petitioners, as in Duty bound, shall ever pray, &c.
"Die Sabbati, octavo Januarii, 1641.
"At the Committee of the House of Commons appointed to sit in London, to consider of the Safety of the Kingdom, and of the City of London, and of vindicating the Privileges of Parliament.
Resolved, upon the Question,
"That the Actions of the City of London, or of any other Person whatsoever, for the Defence of the Parliament, or the Privileges thereof, or the Preservation of the Members thereof, are according to their Duty, and to the late Protestation, and the Laws of this Kingdom; and if any Person shall arrest or trouble any of them for so doing, he is declared to be a public Enemy of the Commonwealth.
Resolved, upon the Question,
"That this Vote shall be made known to the Common Council of the City of London.
"Die Sabbati, octavo Januarii, 1641.
"At the Committee appointed by the House of Commons to sit in London.
"Forasmuch as the Necessity of providing of Monies and other Supplies, for the present Relief of Ireland, requireth the Consideration of both Houses of Parliament; and forasmuch as they cannot sit in Safety without strong and sufficient Guards from the City of London and the adjacent Parts: It is therefore Ordered, by the said Committee, That it be referred to the Consideration of the Committee for Irish Affairs, to consider of a Way for securing of both Houses by Guards as aforesaid, that they may come, and return, and remain there in Safety; and they to propound this to the Lords Committee for Irish Affairs.
"Die Sabbati, 8 Januarii, 1641.
"At the Committee of the House of Commons appointed to sit in London.
"Resolved, upon the Question,
"That this Committee concurs with the Opinion of the Lords and Commons appointed to consider of the Affairs of Ireland, that it is necessary that there be strong and sufficient Guards from the City of London and the adjacent Parts, that both Houses may sit in Safety.
"Resolved, upon the Question,
"That it is a legal Way, to require the Sheriffs of Midd. and London to attend for that Purpose, with Posse Com.
"That these Votes shall be likewise communicated to the Common Council of the City of London.
"Die Sabbati, 8 Januarii, 1641.
"At the Committee of the House of Commons appointed to sit in London.
"Resolved, upon the Question,
"That Alderman Penington, Captain Venn, Sir Martin Lumley, Sir Phillip Stapleton, Mr. Arthur Goodwin, Sir John Hotham, Mr. Hotham, Mr. Longe, Mr. Carew, Mr. Vassall, Mr. Bridgman, Mr. Perd, Mr. Pury, Mr. Martin, Mr. Purfrey, Sir William Litton, Mr. Waller, Mr. Wingate, Sir Henry Heyman, Mr. Fynes, Sir John Clatworthy, or any Four of them, shall have Power to confer and consult with the Committee of the Common Council of the City of London, for the Safety of the King, Kingdom, and Parliament, and City of London, and particularly for the present Defence of the City from any Danger that may happen from The Tower or otherwise; and are to meet as often as Occasion shall require; and have Power to send for Persons, Witnesses, Writings, and Records.
1 Proposition. To know by what Authority the City may raise Arms for Defence of the Kingdom and Parliament, if there be Occasion.
"Answer. That, according to the Votes of the Committees of Lords and Commons, a strong and sufficient Guard is necessary, for the Safety of the King, Kingdom, and Parliament; and that the Sheriffs ought by Law to raise the Posse Com. for that Purpose; and that, in case they fail of their Duties herein, which they are to be answerable for to God, the King, and Parliament, that then we are of Opinion, that every good Subject may and ought, in their Duty to God, the King, and their Country, and by the solemn Oath of their late Protestation, to maintain and defend, to the utmost of their Power, the Person of His Majesty, and of every Member of either House of Parliament, from all Force and Violence whatsoever, being the Persons whom they have intrusted with their Lives, Liberties, and Fortunes.
"2 Proposition. To know by what Authority they may go with any such Force out of their Limits of their City and Liberties.
"Answer. That it is the Opinion of the aforesaid Committees, That the Sheriffs of the City of London have the Power of the whole County of Midd. as well within the City as without.
"And the Committee doth further declare, That, for the Safeguard of the King, Kingdom, and Parliament, which are all now in very eminent and apparent Danger (the Commission of the Lord Mayor being but a Commission of Lieutenancy and illegal), the Lord Mayor, Aldermen, and Common Council, or the greater Number of them, ought to make Use of the Trained Bands, or any other Forces of the City, for the preserving of the Peace of the Kingdom, and the Person of His Majesty, and all the Members of Parliament, from Violence and Danger, whether within their Limits or without.
"3 Proposition. To be satisfied how they may choose their Officers for their Trained Bands, or any other Forces of the City, there being yet no declarative Law for the regulating of the Militia of the Kingdom, though in Agitation in Parliament.
"Answer. The Committee doth declare, That, in this pressing and extraordinary Occasion, the Lord Mayor, Aldermen, and Common Council, or the greater Number of them, ought to appoint such Officers, that the necessary Guards and (fn. 5) Forces aforesaid may be governed in a due and orderly Manner; and the Officers aforesaid may beat up their Drums and raise the said Forces, for the Safety of His Majesty, the Kingdom, and Parliament.
"Resolved, upon the Question, All these to be so Ordered.
"The Committee to have Power to treat with the Committee of the Common Council of such other Propositions to be added as they shall think fit.
"Vera Copia, Jo. Wilde.
"For Answer to the Two Questions demanded by the Honourable Committee of the House of Commons in Parliament, the 8th of this Instant December, 1645.
"1. Whether the Power expressed in the Proposition (then in Debate concerning the Militia of the City of London) be contained in the Charters or ancient Customs of the said City?
"In Case the City have not that Power already.
"2. What Power concerning the Militia of the said City is desired, more than is (fn. 6) in the City already?
"This Court doth humbly offer to the Consideration of the said Committee what hath passed betwixt His Majesty and both Houses of Parliament concerning the same, and the Militia of the rest of the Kingdom, and betwixt both and each House of Parliament, the Committee of Safety, the Committee of both Kingdoms, and other Committees of Parliament, and this Court, and the Committee of Militia of London; and what Declarations, Votes, Orders, and Ordinances, have passed by Way of Interpretation of the Charters, Customs, and Usages of this City, concerning the Power of raising Forces, and employing them, without and within the Limits aforesaid: And this Court doth make it their humble Request, for Reasons formerly given, that they may have such Power of the Militia of this City, and of the Parishes without London, and Liberties within the Weekly Bills of Mortality, as is expressed in the Proposition formerly made by this City, and after presented, with divers other Propositions, the 24th of November, 1644, unto His Majesty at Oxford, by Committees from both Houses of Parliament, and Commissioners from the Kingdom of Scotland, as the humble Desires and, Propositions for a safe and well-grounded Peace, agreed upon by the mutual Advice and Consent of the Parliaments of both Kingdoms, united by the solemn League and Covenant, to be presented to His Majesty; and in case any other Questions or Objections be made against the Proposition aforesaid, this Court doth humbly desire the same in Writing, to the End further Satisfaction may be given therein to both or either Houses of Parliament, or to the said Honourable Committee.
"And this Court doth make it their further Desire, that the Votes made in London, in January, 1641, by Way of Answer to Three Questions then propounded by a Committee appointed by this Court, concerning the raising and employing of the Forces of this City, may be recorded in both Houses of Parliament, for the Indemnity of this City."
House adjourned till 10a, Monday next.