DIE Sabbati, videlicet, 25 Junii.
The Lord Wharton was appointed to be Speaker
Mr. Justice Foster and Mr. Dr. Aylott reported,
That they have delivered their Message to the House
Newland and Hawes.
The Petition of Benja. Newland, was read, concerning the Business between him and Joseph Hawes; and
the Judges acquainted this House with the Proceedings
of this Business in the Court of Common Pleas.
Ordered, That the Judges in the Common Pleas
shall proceed in the Cause depending in that Court, as
the Course of that Court is; and what is sit for the
Proceedings of the Court of Admiralty, to stand as is
Ordered by this House.
A Letter was read, written from the King, directed,
To Our Trusty and Well-beloved the Speaker of Our
House of Parliament," dated at Yorke, the 22d June,
Letter from the King to the Speaker, with His Answer to the Petition of both Houses.
"Right Trusty and Well-beloved, We greet you
well. Our Will and Pleasure is, That you forthwith
deliver, to be read in Our House of Peers, and afterwards communicated to Our House of Commons, Our
Answer (sent inclosed) to the Petition of the Lords
and Commons in Parliament assembled, presented to
Us at Yorke the 17th of June, 1642; and for so
doing, this shall be your Warrant.
"Given at Our Court at Yorke, the 22d of June'
(Here enter the Answer.)
It is Ordered, That this Answer of the King's shall
be communicated to the House of Commons.
A Message was sent to the House of Commons, by
Sir Robt. Rich and Mr. Page:
Message to the H. C. for a Conference on the King's Answer.
To desire a present Conference, touching an Answer
sent from His Majesty, of as great Concernment as ever
came into this House.
Walker, for publishing a Libel, removed to Newgate.
Ordered, That Walker, now a Prisoner in The Tower,
for being the Author and Publisher of a seditious
Libel, shall be safely conveyed, by the Lieutenant of
The Tower, to Newgate; and this House leaves it to
the King's Counsel to proceed against him according to
Heads for the Conference.
The Matter of the Conference was to be, "To let
the House of Commons know, that they conceive this
Message the (fn. *) most dangerous and highest that hath
come to them, whereby it appears that divers scandalous and false Informations are come to His Majesty's
Ears, even of Things within their own Walls; which
because His Majesty seems to believe, and declare to
the World under His own Name, it is high Time for
both Houses to clear themselves from those Calumnies, by the Punishment of those false Informers, and
all other good Ways as may be thought of."
Message from the H. C. with the Tonnage and Poundage Bill;
and for this and other Bills to be sent to the King, for the Royal Assent.
A Message was brought from the House of Commons,
by Mr. Solicitor; who brought from the House of Commons a Bill for Tonnage and Poundage, with a Book of
Rates annexed. The House of Commons desires that
the Bill of Assembly, Bill of Pluralities, Bill of Innovations, Bill against scandalous Ministers, may be dispatched, and sent to the King, with the Bill of Tonnage and Poundage; and, if they are sent, that their
Lordships would send to dispatch them; also the
House of Commons desires their Lordships to sit a
while, for they have some important Business to acquaint their Lordships with, about Ireland.
To sit P. M.
Ordered, That this House shall sit this Afternoon,
at Two a Clock.
The Answer returned was:
Answer to the H. C.
That the Bill for Pluralities, and for the Assembly,
is already with the King; and their Lordships will take
the rest into Consideration, and give Expedition therein;
and that this House will sit this Afternoon, at Two a
Talcott and Harrington.
The Lord Brooke reported, "That the Committee
have heard the Cause referred unto them, between
Talcott and Harrington; and the Committee is of
Opinion, that there is not Ground enough for them
to proceed upon the Petition as it is now, being
against Talcott the Son, the Father being dead."
Ward and Watkins.
Ordered, That Mr. Ward and Mr. Watkins shall
attend the Lord Chief Justice on Monday Morning
next, with their Counsel.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Hall the Sword-bearer examined about publishing the Proclamation in the City, against bringing in Money, &c.
Wm. Hall, Sword-bearer to the Lord Mayor of the
City of London, being asked by what Authority he
proclaimed the Proclamation against levying of House,
and bringing in Money and Plate, &c. He said (upon
Oath), "That the Lord Mayor himself commanded
him, at Four of the Clock on Wednesday last, in the
Afternoon, to proclaim the said Proclamation, which
accordingly he did; but the same did not belong unto
his Place; but to the Carvers and Water-Bailiffs, &c.
who were out of the (fn. *) Way at this Time.
"That the Lord Mayor sent for the Two Sheriffs to
come to him, who came; and Sheriff Clarke came first.
"That the Lord Mayor sent for Sir Henry Garraway,
Sir George Whitmore, and Sir Jo. Cordell, and delivered
to each of them the said Proclamation; and (fn. †) they
"That he being interrupted, that he could proclaim
but Six or Seven Lines of the Proclamation, he returned, and acquainted the Lord Mayor therewith;
and he said, it was enough.
"That the Lord Mayor commanded the said Proclamation to be pasted up upon Doors, and other usual
Places, where Proclamations are pasted up."
To remain in Custody.
Ordered, That the Sword-bearer shall remain in
the Custody of the Gentleman Usher, until further Direction of this House.
"His Majesty's Answer to the Petition of the
Lords and Commons in Parliament assembled,
presented to His Majesty at Yorke the 17th
of June, 1642.
King's Answer to the Petition of both Houses, in Behalf of the Yorkshire Petitioners.
"His Majesty having carefully weighed the Matter
of this Petition, presented to him at York on Friday
the 17th of June, by the Lord Howard, Sir Hugh
Cholmely, and Sir Phillip Stapleton; though He might
refer the Petitioners to His Two last Declarations,
wherein most of the Particulars in this Petition are
fully answered, or might refuse to give any Answer
at all till He had received Satisfaction in those high
Indignities He hath so often complained of, and demanded Justice for; yet, that all the World may see
how desirous His Majesty is to leave no Act, which
seems to carry and in the least Degree to reflect upon
His Majesty's Justice and Honour, unanswered, is graciously pleased to return this Answer:
"That, if the Petition mentioned to be presented to
both Houses of Parliament had been annexed to this
now delivered to Him, His Majesty might have discerned the Number and Quality of the Petitioners,
which His Majesty hath great Reason to believe was
not in Truth so considerable as is pretended; for
His Majesty assures you, that He never received any
Petition so attested as that would be thought to be:
But His Majesty well remembers, that, on the Third
of June, when there was, upon His Majesty's Summons, the greatest and the most chearful Concourse
of People that ever was beheld of One County
appearing before him at Yorke, a Gentleman (one Sir
Thomas Fairefax) offered, in that great Consluence, a
Petition to His Majesty, which His Majesty, seeing
to be avowed by no Man but himself, and the general and universal Acclamations of the People seeming to disclaim it, did not receive; conceiving it not
to be of so public a Nature as to be fit to be presented or received in that Place: And His Majesty
is most confident (and in that must appeal to those
were then present) that whatever the Substance of
that Petition was, it was not consented to by any
considerable Number of Gentry or Freeholders of
this County, but solicited by a few mean inconsiderable Persons, and disliked and visibly discountenanced
by the great Body of the known Gentry, Clergy,
and Inhabitants of this whole County: And if the
Matter of that Petition was such as is suggested in
this, His Majesty hath great Reason to believe it was
framed and contrived (as many others of such Nature
have been) in London, not in Yorkeshire; for sure no
Gentleman of Quality and Understanding of this
County would talk of His great Preparations of
Arms, and other Warlike Provisions, to the great Terror and Amazement of His peaceable Subjects,
when they are Witnesses of (fn. *) the violent taking of His
Arms from Him, and stopping all Ways for bringing
more to Him: And if there were no greater Terror
and Amazement of His Majesty's peaceable Subjects
in other Places by such Preparations and Provisions,
there would be no more Cause to complain of a great
Decay of Trade and Commerce there than is in this
Place: But His Majesty hath so great an Assurance
of the Fidelity and general Affections of his good
Subjects of this County, which He hopes will prove
exemplary over His whole Kingdom, that He hath
great Cause to believe that they do rather complain
of His Majesty's Confidence, and of His Slowness,
that, whilst there is such Endeavour abroad to raise
Horse and to provide Arms against His Majesty,
and that Endeavour put in Execution, His Majesty
trusts so much to the Justice of His Cause and the
Affections of His People, and neglects to provide
Strength to assist that Justice, and to protect those
"For any Affornts offered by the Earl of Lindsey,
or the Lord Savill, to those who intended to petition
His Majesty; His Majesty wishes that both His Houses
of Parliament would have examined that Information, and the Credit of the Informers, with that Gravity and Deliberation as in Cases which concern the
Innocence and Honour of Persons of such Quality
hath been accustomed, before they had proscribed
Two Peers of the Realm, and exposed of them (as much
as in them lay) to the Rage and Fury of the People,
under the Character of being Enemies to the Commonwealth; a Brand newly found out (and of no legal
Signification) to incense the People by, and which
the Simplicity of former Times was not acquainted
(fn. *) with; and then His Majesty hath some Reason to
believe they would have found themselves as much
abused in the Report concerning those Lords, as He
is sure they are in those which tell them of the Resort
of great Numbers of discontented Persons to Him,
and of the other Particulars mentioned to be in that
Petition; whereas they who observe what Resort is
here to His Majesty, well know it to be of the prime
Gentlemen of all the Counties in England, whom
nothing but the Love of Religion, the Care of the
Laws, and Liberties of the Kingdom, besides their
Affection to His Person, could engage into great Journies, Trouble, and Expence; Men of as precious Reputation, and as exemplary Lives, as this Nation hath
any; whose Assistance His Majesty knows He must not
expect, if He should have the least Design against
Honour and Justice; and such Witnesses His Majesty
desires to have of all His Actions.
"For the declining all other Counsels, and the uniting His Confidence to His Parliament, His Majesty
desires both His Houses of Parliament seriously and
sadly to consider, that it is not the Name of a Great
or Little Council that makes the Results of that Council just or unjust; neither can the Imputation upon
His Majesty, of not being advised by His Parliament
(especially since all their Actions and all their Orders
are exposed to the public View), long mislead his
good Subjects, except in Truth they see some particular found Advice, necessary to the Peace and Happiness of the Commonwealth, disesteemed by His
Majesty; and such an Instance, He is most assured,
neither can nor shall be given; and that they will
think it Merit in His Majesty, from the Commonwealth, to reject such Counsel as would persuade
Him to make Himself none of the Three Estates, by
giving up His negative Voice, to allow them a Power
superior to that which the Law hath given Him, whensoever it pleaseth the major Part present of both
Houses to say that He doth not discharge His Trust
as He ought, and to subject His and His Subjects
unquestionable Right and Propriety to their Votes,
without and against Law, upon the meer Pretence
of Necessity: And His Majesty must appeal to all the
World, who it is that endeavours to divide the joint
Duty of His Subjects; His Majesty, who requires
nothing but what their own Duty, guided by the
infallible Rule of the Law, leads to do; or they,
who, by Orders and Votes (opposite and contradictory to Law, Custom, Precedent, and Reason), so confound the Affections and Understandings of His good
Subjects, that they know not how to behave themselves with Honesty and Safety, whilst their Conscience
will not suffer them to submit to the one, nor their
Security to apply themselves to the other. It is not
the bare saying that His Majesty's Actions are against
the Law (with which He is reproached in this Petition, as if He departed from His often Protestations
to that Purpose) must conclude Him, there being no
one such Particular in that Petition alledged, of which
His Majesty is in the least Degree guilty: Whether
the same Reverence and Esteem be paid by you to
the Law (except your own Votes be Judge) needs
no other Evidence than those many, very many,
Orders published in Print, both concerning the
Church and State, those long Imprisonments of several Persons, without hearing them, upon general
Information, and the great and unlimited Fees to
your Officers, worse than the Imprisonment, and the
arbitrary Censure upon them when they are admitted to be heard: Let the Law be Judge by whom
it is violated.
"For that Part of the Petition which seems to accuse His Majesty of a Purpose to dissolve this Parliament (contrary to the Act for the Continuance),
by commanding away the Lords and Great Officers,
whose Attendance is necessary, which His Majesty
well knows to be a new Calumny, by which the
grand Contrivers of Ruin for the State hope to seduce the Minds of the People from their Affection
to, or into Jealousy of, His Majesty, as if He meant
this Way to bring this Parliament (which may be the
Case of all Parliaments) to nothing; it is not possible
for His Majesty more to express His Affection to,
and His Resolution for, the Freedom, Liberty, and
Frequency of Parliaments, than He hath done; and
whoever considers how visible it must be to His
Majesty that it is impossible for Him to subsist without the Affections of His People, and that those
Affections cannot possibly be preserved or made Use
of but by Parliaments, cannot give the least Credit,
or have the least Suspicion, that His Majesty would
choose any other Way to the Happiness He desires
for Himself and His Posterity, but by Parliaments.
But for His calling the Lords hither, or any others
absenting themselves who have not been called; whoever considers the Tumults (which no Votes or Declarations can make to be no Tumults) by which His
Majesty was driven away, and many Members of
either House in Danger of their Lives, the demanding
the Names of those Lords who would not consent to
their Propositions, by Messengers from the House of
Commons, delivered at the Bar by Mr. Hollis, with
that tumultuous Petition in the Name of many Thousands (among many other of the same Kind) directed
to the House of Commons, and sent up by them to
the House of Lords, taking Notice of the Prevalence
of a malignant Faction, which made abortive all
their good Motions, which tended to the Peace and
Tranquillity of the Kingdom; desiring that those
Noble Worthies of the House of Peers, who concurred with them in their happy Votes, might be
earnestly desired to join with that Honourable
House, and to sit and vote as One entire Body; prosessing that, unless some speedy Remedy were taken
for the Removal of all such Obstructions as hindered
the happy Progress of their great Endeavours, the
Petitioners should not rest in Quietness, but should
be inforced to lay Hold on the next Remedy which
was at Hand to remove the Disturbers of their Peace,
and (Want and Necessity breaking the Bounds of
Modesty) not to leave any Means unessayed for their
Relief; adding, that the Cry of the Poor and Needy
was, that such Persons who were the Obstacles of
their Peace, and Hinderers of the happy Proceedings
of this Parliament, might be forthwith publicly declared; whose Removal, they conceived, would put
a Period to these Distractions; upon which a great
Number of Lords departing, the Vote in Order to
the Ordinance concerning the Militia was immediately
passed, though it had been Twice before put to the
Question, and rejected by the Votes of much the
major Part of that House: And whosoever considers
the strange Orders, Votes, and Declarations, which
have since passed, to which whosoever would not consent, that is, with Freedom and Liberty of Language
and Reason profess against, was in Danger of Censure and Imprisonment, will not blame Our Care in
sending for them, or theirs in coming or absenting
themselves from being involved in such Conclusions;
neither will it be any Objection, that they stayed
there long after any Tumults were, and therefore
that the Tumults drove them not away: If every Day
produced Orders and Resolutions as illegal, and indeed
but the Effects of the Tumults, there was no Cause to
doubt the same Power would be ready to prevent any
Opposition to those Orders after they were made,
which had made Way and Preparation for the Propositions of them; and so whosoever conceived himself in Danger of future Tumults (against which there
is not the least Provision) was driven away by those
which were past, and His Majesty hath more Reason
to wonder at those which stay behind, after all His
legal Power is voted from Him, and all the People
told, that He might be with Modesty and Duty enough
(fn. *) deposed, than any Man hath at those who have been
willing to withdraw themselves from the Place where
such desperate and dangerous Positions are avowed;
which His Majesty doth not mention with the least
Thought of lessening the Power or Validity of any
Act to which He hath given His Assent this Parliament; all and every of which He shall as inviolably
observe as He looks to have His own Rights preserved; but to shew by what Means so many strange
Orders have of late been made: And to shew how
earnestly His Majesty desires to be present at, and
to receive Advice from, both Houses of Parliament
(against whom it shall never be in the Power of a
malignant Party to incense His Majesty) His Majesty
again offers His Consent, that both Houses may be
adjourned to another Place which may be thought
convenient, where His Majesty will be present; and
doubts not but the Members of either House will
make a full Appearance; and even the Intermission,
which must attend such an Adjournment, may not be
the least Means of recovering that Temper which is
necessary for such Debates.
"And this His Majesty conceives to be so necessary,
that, if the Minds and Inclinations of every Member
of either House were equally composed, the Licence
is so great that the mean People about London and
the Suburbs have taken, that, both for the Liberty
and Dignity of Parliament, that Convention for a
Time should be in another Place; and sure, how much
soever the Safety and Security of this Kingdom depends on Parliaments, it will never be thought that
those Parliaments must of Necessity be at Westminster.
"His Majesty's Confidence is no less than He hath
expressed (and hath great Cause to express) in the
Affections of this County, an Instance of which Affections all Men know His Guard (which is not extraordinary) to be; and wonders that such a legal
Guard, at His own Charge, for His Person (within
Twenty Miles of a Rebellion, and of an Army in Pay
against Him), should be objected by those, who, for so
many Months, and in a Place of known and confessed
Security, have, without and against Law, kept a Guard
for themselves, at the Charge of the Commonwealth,
and upon that Stock of Money which was given for
the Relief of the miserable and bleeding Condition of
Ireland, or the Payment of the great Debt due to Our
Kingdom of Scotland.
"For the Resort of Papists to the Court, His Majesty's great Care for the Preservation thereof is so notoriously known, that, when He was informed Two or
Three of His intended Guard were of that Religion,
He gave special Direction, with Expressions of His
Pleasure that they should be immediately discharged,
and provided that no Person should attend on Him
under that Relation, but such as took the Oaths of
Allegiance and Supremacy; that He commanded the
Sheriff to proceed with all Severity, according to the
Law, against all Papists that should come within Five
Miles of the Court; and if, notwithstanding this,
there be any Papists near the Court (which His
Majesty assures you He knows not, nor hath heard
but by this Petition), He doth hereby command
them to depart; and declares to all Officers and
Ministers of Justice, that they shall proceed strictly
against them according to the Law, and as they will
answer the contrary at their Perils.
"For the Language and Behaviour of the Cavaliers (a Word, by what Mistake soever, it seems, much
in Disfavour), there hath not been the least Complaint here, and therefore it is probable the Fault
was not found in this County; neither can His Majesty imagine what is meant by the Mention of any
Men thrust upon them in such Consultations and
Propositions as His Majesty makes to this County,
who are, neither by their Fortune or Residence, any
Part of it; and therefore can make no Answer
"To conclude: His Majesty assures you, He hath
never refused to receive any Petition (whether you
have or no, yourselves best know), and will consider
what Reputation it will be to you, of Justice or
Ingenuity, to receive all Petitions, how senseless and
scandalous soever, of One Kind, under Pretence of
understanding the good People's Minds and Affections; and not only refuse the Petition, but punish
the Petitioners, of another Kind, under Colour that
it is a Crime that they are not satisfied with your
Sense, as if you were only trusted by the People of
One Opinion: To take all Pains to publish and print
Petitions which agree with your Wishes, though
they were never presented; and to use the same
Industry and Authority to keep those that indeed
were presented and avowed from being published
(though by Our own Authority), because the Argument is not pleasant to you: To pretend Impartiality
and Infallibility, and to express the greatest Passion
and Affection in the Order of your Proceeding; and
no less Error and Misunderstanding in your Judgements and Resolutions. He doth remember well the
Obligation of His Trust and of His Oath; and desires
that you will do so too, and your own solemn Vow
and Protestation; and then you will not only think
it convenient, but necessary, to give His Majesty a
full Reparation for all the Scandals laid upon Him,
and all the scandalous Positions made against Him;
and that it is (fn. *) less Dishonour to retract Errors,
than, by avowing, to confess the Malice of them;
and will see this to be the securest Way for the Preservation of the Protestant Religion, the Redemption
of our Brethren in Ireland, the Happiness and Prosperity of yourselves and of all Our Dominions, and
of the Dignity and Freedom of Parliament."
2a post meridiem.
The Lord Wharton was appointed to sit this Day
The Earl of Monmouthe's Letter was read.
Conisby versus Hinton.
Upon a Petition of Henry Conisby, against Dr. Hynton, Doctor of Physick, who pretends to be the Queen's
Servant; it is Ordered, to be referred to the Earl of
Porland and the Lord Hunsden, to examine this Petition,
and report the same to this House.
Hall the Sword-bearer committed for publishing the Proclamation in the City.
Resolved, upon the Question, That Wm. Hall,
Sword-bearer of London, shall be committed to safe
Custody, for proclaiming a Proclamation against Law.
Ordered, That the Sword-bearer shall be committed to The Fleet, until the Business shall be further
L. Mayor and Sheriffs to attend.
Ordered, That the Lord Mayor and the Sheriffs
shall attend this House on Tuesday next.
Mr. Harding's Business.
Ordered, That the Business concerning Mr. Harding shall be heard on Thursday next; and the Parties
on both Sides to appear.