Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 13 die Augusti.
L. Viscount Say & Seale.
Preachers at the Thanksgiving thanked.
Declaration to the Army.
Ordered, That this House approves of this Declaration; and that it be communicated to the House of Commons, for the Concurrence of their Approbation therein; and that, at the same Time, they be put in Mind of the former late Votes sent down to them: And the Earl of Denbigh, Earl of Mulgrave, Lord Viscount Say & Seale, and the Lord Howard, are appointed to draw up what is to be sent down to the House of Commons.
Heads for a Conference with the H. C. about the Declaration from Sir T. Fairfax, &c. and the Votes approving of it;— and to annual the Proceedings of the Houses while the Speakers, &c. were with the Army.
"The Lords in Parliament assembled have read a Declaration, of the 4th of August, 1647, subscribed by those Lords and Commons, Members of both Houses, who, by reason of the late Force and Violence upon the Houses, did absent themselves; and have approved of the same."
"The Lords do now once again put the House of Commons in Mind of those Votes, sent from the Lords to that House, Friday the 6th of August; and a Declaration of Sir Thomas Fairfax and the Council of War, with a Vote for the Approbation thereof, sent down the Tuesday following. The Lords do desire the Concurrence of the House of Commons to those Votes, and to the Approbation of the said Declaration; conceiving the same to be so essential to the Vindication of the Honour and Freedom of the Parliament, that, having hitherto received no Answer therein, they conceive it fit and necessary, at this Time, to express to that House, That they hold themselves acquitted and discharged of any ill Consequences that may ensue upon such a Precedent, and by that Occasion of the Retardment of the present great Affairs of the Kingdoms, and the Settlement of the Peace of them.
Committee of the City Militia not to act under the Order exacted from the Houses by Violence:
"The Lords are informed, That the Committee of the Militia of the City of London doth still act under the Pretence of that Order drawn from both Houses by the late Force of the 26th of July last; which, they conceive, is likely to tend to the Disturbance of the Peace of the Parliament and City: The Lords do declare, That, by so doing, they act without Authority; and whatsoever they have or shall do in that Kind, they account them answerable for, as acting without lawful Authority."
Examinations concerning this Violence.
An Ordinance was brought in, and read, for giving the Sub-committee Power to examine, upon Oath, Persons concerning the Force and Violence offered to the Parliament; which was Agreed to, and Ordered to be sent to the House of Commons for Concurrence.
Message to the H. C. about those Matters; and that the Lords will adjourn to Wednesday.
2. (fn. 1) The Declaration concerning the acting of the Committee for the Militia of London, and desire their Concurrence therein.
E. of Clare and Sir T. Williamson.
Lady Sophia Byron, a Pass.
Letter from the Commissioners with the King.
Ordinance for Reformation of Oxford University.
Letter from the Commissioners with the King, that He is going to Oatlands.
"The King hath acquainted us with His Resolution of going To-morrow to Oatelands, whither we shall attend Him. Hereof I thought it my Duty to give you an Account; and, having no more to trouble your Lordship with at present, I take Leave, and remain
Declaration of the Members of both Houses to the Army, who went there on the Violence offered to the Parliament by the Citizens, &c.
"We, the Members of both Houses of Parliament, who do absent ourselves from the Service of the Parliament by reason of the Force and Violence offered thereunto by a tumultuous Multitude, having received from his Excellency Sir Thomas Fairefax a Declaration, intituled, "A Declaration of his Excellency Sir Thomas Fairefax and his Councell of Warre, on Behalfe of themselves and the whole Army, sheweing the Gronnds of their present Advance towards the City of London;" and having perused the same; we look upon it as a Declaration full of Truth, the Matter of Fact being well known to most of us, who have been Eye and Ear Witnesses thereof, full of Christian, Noble, and Public Affection to the Good; Peace, and Prosperity of this Kingdom, and full of Integrity and Faithfulness to the true Interest of the English Nation, and full of undaunted and generous Resolutions to assert the Honour and Freedom of the Parliament, and effectually to vindicate it from the Force and Violence whereby it hath been of late trampled under the Foot of a Rabble of People, unto which Force it is still exposed, so as it may be exercised upon them at Pleasure; and, whilst the Parliament remaineth in such a Condition, although it be not dissolvable but by Act of Parliament, yet it is suspended from acting as a Parliament in all these Things. And generally throughout our Sense so fully agreeth with what is expressed in that Declaration of the Army, that we cannot but receive it with much Approbation; and also with great Thankfulness to God in the First Place, and next under Him to this ever-faithful Army, for that tender Sense expressed therein of our Honour and Security, who absent ourselves from the Parliament in regard of that Force; and for that high Engagement of the Army, to live and dye with us in this Cause: Whereupon we cannot but mutually engage ourselves, as hereby we do, to live and die with Sir Thomas Fairefax and this Army, in the Vindication of the Honour and Freedom of the Parliament. And we cannot but observe the special Providence of God, in holding up so extraordinarily this Army, and referving it to take off the Reproach and Scorn of this Nation, and to raise up again from the Depth of Contempt that once so-much-honoured and high-esteemed Name of a Parliament.
"And whereas, in the said Declaration, it is desired that we, as Persons upon whom their Public Trust still remaineth (though for the present we cannot exercise the same in a Parliamentary Way), would advise his Excellency and his Council of War in such Things as may be for the Good of the Kingdom: And for the attaining of the Ends aforesaid, we do declare, That we shall be most ready to do it, upon all Occasions, in such a Capacity as we may, till we shall be enabled again to discharge our Trust in a Free Parliament; which we conceive we can never do until the Houses of Parliament may be absolute Judges and Masters of their own Security, and that such traiterous aud audacious Offenders as have endeavoured with so high a Hand to destroy the Highest Authority (as by the Particulars so fully and clearly expressed in the Declaration of the Army may appear) shall receive condign Punishment, or at least the Parliament put in such a Condition as that they may be able to bring them thereunto. And we trust in God, through His accustomed Blessing upon this Army, and their Assistants in their honest and just Undertakings, the Parliament shall speedily be put again into a Condition to sit like a Parliament of England. And we hope that every true-hearted Englishman will be ready to set his helping Hand to so necessary, so public, and so honourable a Work, as is the vindicating of the Freedom and Honour of the Parliament, wherein the Freedom and Honour of all the free-born People of this Nation are concerned and involved.
Sub-committees to examine the Violence done to the Houses.
"It is Ordained, by the Lords and Commons in Parliament assembled, That the Earl of Denbigh, Earl of Mulgrave, Lord Grey of Werke, Lord Howard, Sir Arthur Heselrigg, Mr. Solicitor, Mr. Gourdon, Mr. Miles Corbett, Mr. Alderman Pennington, Mr. Allen, Mr. Edwards, and Colonel Venn, or any Three of them, be a Sub-committee of the Committee appointed by both Houses on Friday last; and that they have Power to send for Parties and Witnesses, and to proceed (under Secrecy) at all Times when they think fit, in preparing the Examinations of the Businesses committed to the said Committee; and that they, or any Three of them, may administer an Oath unto any Persons, in such Things as shall not render the Parties criminal that are so sworn."