Die Sabbati, videlicet, 23 die Julii.
The Lord Kymbolton was appointed to be Speaker
Earl of Bolingbroke excused.
The Earl of Bollingbrooke is excused for his being
absent this Day, being not well.
Message from the H. C. for the Lords Concurrence in the following Orders.
A Message was brought from the House of Commons,
by Mr. Nichols; who brought up divers Orders, wherein
they desire their Lordships Concurrence:
1. That Mr. Pierpointe, Sir John Corbett, and Mr.
Moore, (fn. *) may go into Shropshire. (Here enter it.)
2. To pay to Mr. Maurice Thompson Four Thousand
Pounds. (Here enter it.)
3. An Order to the High Sheriff and Gentlemen of
Hampshire, to stay all Horse, Arms, Money, or Ammunition, which is to be employed against the Parliament
(Here enter it.)
4. An Order to the Sheriff of Devon, to pay to
Marke Pagett One Hundred Pounds. (Here enter it.)
5. An Order of Indemnity of the Inhabitants of the
Town of Berry, in Suff. for their Training, &c. (Here
The Messengers were called in, and told, "That this
House agrees with the House of Commons in all the
Orders now brought up."
The Speaker acquainted this House with a Letter,
which was directed to him from the Earl of Warwicke;
which was read, in hac verba: videlicet, (Here enter it.)
Gregony, Under Sheriff of Leicester's Petition.
Upon the Petition of Wm. Gregony, Under Sheriff
of Leycestershire; it is Ordered, That the Cause shall
be heard on Monday come Sevennight; in the mean Time,
he is to attend.
Message to the H. C. that Captains Slingsby and Wake are brought up.
A Message was sent to the House of Commons, by
Sir Robt. Rich and Mr. Page:
To let the House of Commons know, that Captain
Slyngsbie and Captain Wake are come, being sent for at
their Desire; and that this House intends to sit this Afternoon, at Three of the Clock, and desire them to do
Smith, Marshal of the Admiralty, authorized to deliver Arms, &c.
Upon reading the Petition of Solomon Smith, Marshal
of the Admiralty, shewing, "That he having Order
from the Lord Admiral to take into his Charge the
Arms and Ammunition that came from Hull, and seeing they are to be delivered to such Persons as are
appointed by the Houses of Parliament, he desires
an Order of his Discharge of the same:" Hereupon
it is Ordered, That the said Solomon Smith shall have
an Order, to authorize him to deliver the said Arms
and Ammunition; and that he be discharged of the same;
and it is further referred to the Consideration of the
Committee for the Safety of this Kingdom, to appoint
what Satisfaction these Persons shall have, that have
had the said Arms and Magazine in Charge all this
E. of Stamford's Indemnity.
The Committee reported the Earl of Stamford's Declaration, for his Indemnity.
And a Copy of the King's Letter to Mr. Henry
Hastings was read, to proclaim the Earl of Stamford, &c.
And Mr. Hastings's Warrant was read, to the Head
Constable. (Here enter them.)
And the Committee reported, "That they had taken
these Particulars into Consideration, and have heard
divers Witnesses to prove the Fact; therefore they
think it fit that the Declaration which came from the
House of Commons for the Indemnity of the Earl of
Stamford do pass as it is, without Amendments."
E. of Warwick's Letter, that he will use his utmost Vigilance in the Command of the Fleet.
My very good Lord,
I received your Lordship's Letter of the 19th of
this present Month this Day, wherein your Lordship
gives me Thanks from the House of Peers, for my
Care and Vigilancy in discharging of their Commands;
as also an Order from your Lordships, and the Commons, which doth approve of my Carriage in my
Answer to Sir Henry Palmer, concerning his Demand
of the Goods in The Lyon, and the Ship and Officers.
My Lord, for the First, I humbly thank your Lordships for the Grace and Favour of your Thanks, and
also of your good Acceptance of my weak and poor
Endeavours to serve your Lordships and the House
of Commons, who have intrusted me with this great
Charge of guarding His Majesty, and the Parliament,
and the whole Kingdom, in these Times of Distractions both at Home and Abroad; wherein I have
done but my Duty, which, by God's Grace, I shall
ever perform with all Faithfulness, and, I hope, prevented much Mischief that might have happened
amongst our Fleet, if she had been employed against
any of us; and The Lyon being Part of that Fleet the
Parliament hath put under my Command, I thought
I could not, in Duty to them that have intrusted me
with this Command, suffer any one of the Fleet to
go on any other Employment than such as I am commanded by those who have intrusted me with this
Charge. Thus, praying to God to bless your Lordships Counsels, I rest
From aboard His Majesty's Ship The James, in The Downes, this 21st of July, 1642.
Your Lordship's to command,
"To the Right Honourable my very good
Lord, the Speaker of the House of Peers
King's Warrant to Mr. Hastings, High Sheriff of Leicester, to apprehend the Earl of Stamford and others, for exercising the Militia, and seizing the Magazine.
Trusty and Well-beloved, We greet you well. Your
Letter of the 22d of this Month, and your Relation
since, gives Us so good Satisfaction, as We not only
approve of your loyal and faithful Endeavours to preserve Our Regal and Lawful Authority in all those
Particulars, but give you and the rest of Our Commissioners of Array, and the Gentlemen and others
of that Our County who assisted you, Our Royal
Thanks for what you have therein done, in Opposition to the disloyal and disobedient Practices of the
Earl of Stamford and his Adherents, which said Earl,
if he hath (as your Letter and Relation imports), by
Force, and under Pretence of Authority by the pretended Ordinance of the Two Houses of Parliament,
surprized and carried away all or Part of the Magazine of Munition belonging to that Our County, and
keeps the same with Forces, hath actually levied
War against Us, and so We cannot account him and
his Adherents other than Traitors; in which Case,
any private Man knowing of it, and much more all
Justices of Peace and other Officers, are obliged to
apprehend them: Wherefore Our Will and Command is, That, with such Power as you can raise, you
apprehend the said Earl and his Adherents in any
Part of that County, and send them hither in safe
Custody; and We further require you to seize, and
put in Safety, for the Use of Our said County, all
such Part of the said Magazine of Munition as you
shall find to have been surprized and carried away
by the said Earl; and likewise to seize, and take
into your Custody, such Muskets and other Arms as
the said Earl or his Adherents have brought down
with them, for arming such as should adhere to him,
until further Order shall be taken; and, in Performance of these Our Commands, We require all
Our Sheriffs, Justices of Peace, Mayors, Bailiffs, Constables, and other Officers and Subjects, to be aiding and assisting; for which this shall be sufficient
Given at Our Court at Yorke, the 25th Day of
"To our Trusty and Well-beloved Henry Hastings,
Esquire, High Sheriff of Our County of
Mr. Hastings's Warrant to prevent the embodying of the Militia in Leicestershire.
"To Mr. Thomas Boyer, one of the Head Consables of Sarknhow Hundred.
Whereas His Majesty's Pleasure hath been lately
declared, by Books and Proclamations published by
His Command, That it was His Will, that none of
His loyal and good Subjects, of the Trained, Private,
or Freehold Bands, or such who are provided of
Arms either for Horse or Foot, should appear or
assemble together, upon any Warrant or Command
from such who take upon them to exercise the Power
of the Militia without His Majesty's Consent, and contrary to His Declarations; now, forasmuch as I am
credibly informed, that there either are, or will be,
Warrants issued forth, to require the assembling and
gathering together of the aforesaid Trained and Private Bands within your Hundred, and such who will
voluntarily come in with their Arms, which can be
to no other End than (fn. *) to disturb the Peace and Quiet
of this County, and in Opposition to His Majesty's
gracious Intention of preserving His People in
Peace and Security: Now, for the preventing of any
Combustion, by the assisting of such who are disaffected to His Majesty, and endeavour the Disturbance of the present Peace, these are to will and
require you, and in His Majesty's Name to charge
and command you, That you use your best Endeavours and utmost Power, within your Division, that
no Persons whatsoever appear in Arms, or otherwise,
in Obedience to any pretended Power, Intreaty, or
Request, not allowed of by His most Excellent Majesty; and that you give the like Command to all
and every the Petty Constables within your Division,
that they use their best Endeavours, within their several Constabularies, by giving Notice to the several
Inhabitants that they observe this His Majesty's Will
and Pleasure, as they tender the Good and Peace of
this Kingdom and County, and His Majesty's Displeasure and just Punishment for a Contempt of so
high a Nature; and hereof fail you not, as you will
answer the contrary at your Peril.
Given under my Hand and Seal of Office, at Ashby
de la Zouch, this 19th Day of July, 1642.
"H. Hastings, Vicecomes."
A Declaration for the Indemnity of the E. of Stamford, &c.
Whereas Henry Earl of Stamford was, by Ordinance of both Houses of Parliament, appointed Lord
Lieutenant of the County of Leycester, and, by the
Order of both the said Houses, the Magazine of the
said County was delivered into his Hands, to be removed or disposed of as he should think fit, for the
Safety and Defence of His Majesty and the Country;
in Obedience whereunto, the said Earl did take the
said Magazine, and did place a great Part thereof at
his House at Bradgate, under Safeguard, and the
Residue thereof at a Place in The New Warke, near
the Town of Leycester; for the doing whereof, the
said Earl, and also Wm. Sherman, Wm. Stanley, John
Norris, and Wm. Rayner, upon Pretence of being Assistants to the said Earl, and all other his Adherents,
were, without all Colour of Law, and against the
Rights and Liberties of the Subject, proclaimed
Traitors; which, as concerning the said Earl being
a Member of the House of Peers, is a high Breach
of Privilege of Parliament: Be it therefore Declared,
by the said Lords and Commons, That the said Earl,
Wm. Sherman, Wm. Stanley, John Norris, Wm. Rayner, nor any other of the Parties which were assisting
to the said Earl in the Premises, have done any
Thing therein but according to their Duties, and in
Obedience to the Commands of both Houses of Parliament; and that therefore the said Earl, and every
of them, shall and ought to be protected, by the
Power and Authority of both Houses of Parliament:
And the said Lords and Commons do hereby forbid
all Sheriffs, Mayors, Bailiffs, Constables, and other
His Majesty's Officers and Subjects whatsoever, any
way to arrest, impeach, molest, or trouble, the said
Earl, Wm. Sherman, Wm. Stanley, Jo. Norris, Wm.
Rayner, or any of them, or any other of the said
Persons so assisting to the said Earl, either in their
Persons, Goods, or Estates, for or by reason of the
Premises, without the Authority and Consent of both
Houses of Parliament."
Order for 4000l. to Maurice Thompson.
"It is this Day Ordered, by the Lords and Commons, assembled in Parliament, That the Treasurers,
appointed to receive the Monies that comes in upon
the Act of Subscriptions for Ireland, do forthwith
pay unto Maurice Thompson Four Thousand Pounds;
and that they shall be re-paid the said Sum out of
the Bonds taken at the Custom House."
Die Sabbati, 23 Julii, 1642.
Indemnity for Bury Voluntiers.
(fn. *) Whereas divers well-affected Persons of the Town
of Bury St. Edmunds, in the . . . . . Suff. have
of themselves, as Voluntiers, under the Leading of
Robert Chaplyn, . . . . . . Town, exercised themselves in the Use of their Arms, by peaceably training . . . . . in the Fields near the said Town,
the better to enable and prepare themselves . . . .
. . . . and Service of His Majesty and this Kingdom, when they shall be lawfully called . . . . . .
The Lords and Commons, taking the same into Consideration, do Order, Th . . . . . Persons shall have
the Authority of both Houses of Parliament, for
their Indemnity, for their said training and exercising
already past; . . . . further Ordain, That all such
Inhabitants of the said Town, and Lib . . . . . . .
as shall desire and willingly submit to be trained and
exercis . . . . Use of their Arms, may, from Time
to Time hereafter, in a pe . . . . . . orderly Way,
under the Leading of John Bright, Gentleman, of
the . . Town, assemble themselves in Companies, to
train, learn, . . exercise themselves in the Use of
their Arms and Order of M . . . . at such convenient
Times, and in such Places, in the said Town . . . .
. . . . thereof, as shall be by them thought fit for
that Purpose, u . . . . . . . shall be herein taken
by both Houses of Parliament; and that th . . . .
. . . . . harmless for so doing, by the Authority of
both Houses . . . . . . . . and that the Aldermen,
Justices of the Peace, and Chief Burg . . . . the said
Town, and all others that shall encourage and assist
. . . . Persons in their training and exercising aforesaid, shall be held . . . . Houses of Parliament to
do a very acceptable Service therein, . . . . . have
the Authority of both Houses of Parliament for
their Indemnity . . . . . . . . and the Aldermen,
Justices of Peace, and Chief Burgesses of . . . .
. . . . . . hereby required to take special Care for
the safe guarding . . . . . . Town, and preserving
the Magazine therein; and the said . . . . . . . .
the said Voluntiers to be aiding and assisting unto
them the . . . . . all Occasions."
Die Sabbati, 23 Julii, 1642.
Committee to prevent the Execution of the Commission of Array in Shropshire, and to recommend the Propositions for raising Horse, etc. there.
It is Ordained, by the Lords and Commons, That
Mr. Peirepoint, Sir John Corbett, and Mr. More, do
forthwith repair into the County of Salop, and possess that County with the Declaration of both Houses
concerning the Illegality of the Commission of Array;
and that they, together with such others of the said
County as they shall think fit to use and employ
therein, do propound the Propositions concerning Contribution of Horse, Arms, Money, or Plate, for the
Defence of the Kingdom, in the several Parts of
that County: And it is further Ordained, That the
said Mr. Peirepoint, Sir John Corbet, and Mr. More,
shall and may require the Sheriff, and all other Officers, and the Trained Bands, and all other Persons
whatsoever in the said County, to preserve the Peace,
and to be therein aiding and assisting to the said Mr.
Peirepoint, Sir John Corbet, and Mr. More: And it is
further Ordained, That they, the said Mr. Peirepont, Sir John Corbett, and Mr. More, shall take Care
and provide that the Magazines of the said County
be put and kept in Places safe and fit for the preserving of them, for the Peace of the said County."
Die Sabbati, 23 Julii, 1642.
Sheriff of Devon to pay 100l. Contribution-money to the Dean of Ross.
It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That the High
Sheriff of the County of Devon do pay unto Marke
Pagett, Dean of Rosse, One Hundred Pounds, out of
the Contribution-monies for Ireland collected in that
County; and that the Receipt of the aforesaid Marke
Pagett unto the Sheriff of Devon, and his Return
thereof to the Treasurers appointed to receive the
Monies that come in upon the Act of Loan and Contribution for Ireland, shall be his sufficient Discharge
for the same."
Die Sabbati, 23 Julii, 1642.
Order to suppress Levies against the Parliament in Hampshire, and to remove the Magazine from Winchester.
Whereas Information hath been given to the Parliament, That divers ill-affected Persons to the true
Protestant Religion, and the Peace of this Kingdom,
have endeavoured to prepare Horses, and Store of
Arms, Ammunition, and Money, with divers other
Provisions, in some Parts of this Kingdom, for the
Assisting and Encouragement of those that intend War
against the Parliament; and whereas it is probable
that the said Horses, Arms, or Ammunition may be
brought through some Part of the County of South'ton, or provided there: For Prevention whereof, the
Lords and Commons in this present Parliament assembled do hereby require the High Sheriff of the
County of South'ton, and all Justices of the Peace,
Mayors, Constables, and all other His Majesty's Officers, within the said County, to be aiding and assisting in the Execution of this Order; and do hereby
authorize the Deputy Lieutenants of the said County,
or any One of them, Sir Henry Wallop, Knight,
Sir Henry Clerke, Knight, Sir John Compton, Knight,
Richard Gifford, Esquire, Thomas Clarke, Esquire,
John Kempe, Esquire, John Hooke, Esquire, Richard
Major, Esquire, Thomas Hussey, Esquire, Thomas
Chandler, Esquire, Edward Goddard, Junior, Esquire, Francis Sainte Barbe, Esquire, William Collins,
Esquire, James Tutt, Esquire, Thomas Creswell, of
Heckfeilds, Esquire, William Pawlett, Esquire, John
Miller, Esquire, Francis Rivett, Esquire, Nicholas
Love, Esquire, William Bold, Esquire, John Pittman,
Esquire, William Carrick, Esquire, William Withers,
Esquire, John St. Barbe, Esquire, Richard Love, of
Basing, Esquire, Henry Kelsey, Esquire, Thomas Hanbury, Esquire, Arthur Bromfeild, Esquire, Thomas
Bettsworth, Esquire, John King, Esquire, Robert
Knapton, Esquire, Francis Palmes, Gentleman, George
Wither, of Hale, Gentleman, George Baynard, Mayor
of Basingstoke, and the rest of the Burgesses there,
Robert Harrood, Esquire, Richard Ashley, Gentleman, George Venner, of Gooreley, Esquire, William
Blake, of Andover, Gentleman, William Jarvis, of
Andover, Gentleman, William Cooper, of Andover,
Gentleman, or any One of them, to make Stay of
all Horses, Arms, Ammunition, Money, and other
Provisions whatsoever, which they, or any of them,
shall suspect to be preparing or carrying, for the
making of War against the Parliament as aforesaid:
And whereas in the Store-house at the City of Winton,
in the said County, there are Six Field Pieces with
Double Carriages, Nine Sows of Lead, Five Dry
Vates of Match, with Spoons, Ladles, and Brushes,
and Iron Bullets for the Pieces, which said Pieces
and Ammunition aforesaid are belonging to the said
County of South'ton; and whereas it is not convenient, for the Use and Service of the said County,
that those Pieces and Ammunition aforesaid should
remain and continue in the said Store-house; it is
therefore Ordered, by the said Lords and Commons, That the said Pieces and Ammunition aforesaid shall be carried and conveyed into some more convenient Place of the said County, as the said Deputy Lieutenants, or any Two or more of them, shall
nominate or appoint."
Tertia post meridiem.
The Lord Kymbolton was appointed to be Speaker
The Messengers return with this Answer:
Answer from the H. C. about Captains Slingsby and Wake.
That the House of Commons will return an Answer
concerning Captain Slyngesby and Captain Wake, by Messengers of their own: and that they intend to fit this
Message to the H. C. that the Lords agree to the E. of Stamford's Indemnity; and with an Order for Smith, Marshal of the Admiralty, to deliver up the Magazine from Hull.
A Message was sent to the House of Commons, by
Sir Robt. Rich and Mr. Page:
To let them know, that this House agrees with them
in the Declaration for the Indemnity of the Earl of
Stamford, etc. and to deliver to them the King's Warrant sent to Mr. Henry Hastinges, and Mr. Hastings's
Warrant to the High Constable; and also to deliver to
them an Order for Discharge of Solomon Smith, of the
Care of the Arms and Magazine that came from Hull.
Earl of Stamford's Indemnity to be printed.
Ordered, That the Declaration for the Indemnity
of the Earl of Stamford and others shall be printed and
Earl of Holland's Report of his Journey to the King, at Beverley.
The Earl of Holland reported, "That, according
to their Lordships Command, he attended the King;
and on Saturday Night he presented the Petition to His
Majesty at Beverly, from both Houses of Parliament;
and having made a Preface to the King, he read it
to His Majesty; and then read the Orders for the
passing of the several Bills which were with His Majesty, and another (fn. *) Order concerning His Majesty's
After this, His Majesty said, "It did require some
Time to advise of an Answer;" and on Tuesday last
His Majesty delivered to His Lordship an Answer to the
Petition of both Houses of Parliament; which was read,
in hæc verba. (Here enter it.)
Then his Lordship signified, "That His Majesty gave
them no Answer concerning the Particulars mentioned
in the Orders for passing of the Bills.
That the King (fn. *) had Three Thousand Foot and
Three Hundred Horse at His Command.
That there is a Squadron of Ships come lately before Hull, which gave the Town much Heart; and
Sir Jo. Hotham is careful to preserve the Town."
Parliament's Petition to the King, and His Answer, to be printed.
Ordered, That the Petition sent to the King, from
both Houses of Parliament, by the Earl of Holland,
and the King's Answer thereunto, shall be printed, and
published together; and that the Committees for the
Safety of the Kingdom shall take into Consideration this
Answer of the King's.
L. General to continue his Levies.
Ordered, That the Lord General shall pursue his
Levies with all the Vigor and Speed he can, for the
Safety of the King, Kingdom, and Defence of the
To be communicated to the H. C. with the King's Answer.
Ordered, To communicate this Answer of His Majesty's to the House of Commons, presently; and to acquaint them with the Order given to the Earl of Essex, to pursue his Levies with all the Speed he can; and
to desire that the Committees for the Safety of the Kingdom may meet presently.
Message from the H. C. with a Commission to continue the Irish Parliament;
A Message was brought from the House of Commons, by Sir Walter Earle:
1. That they considering the great Importance of continuing the Parliament of Ireland; to that Purpose,
they have drawn a Commission, wherein they desire their
Lordships Concurrence and Expedition.
and for Expedition to the Order about Munster.
2. That whereas, this Day Sevennight, the House of
Commons, at a Conference, brought up some Propositions for drawing Men out of Ulster and Lempster, to
go into Munster; the House of Commons have not yet
received any Answer (fn. †) thereunto, which they desire
their Lordships to take into Consideration, and give Expedition therein.
The Commission was read, in hæc verba: videlicet,
(Here enter it.)
Answer to the H. C.
Ordered, That this House agrees with the House
of Commons in this Commission, and likewise in the
Proposition of removing some Forces out of Ulster and
Lempster, to be sent into Munster; and it is further
Ordered, That the Clerk of the Crown shall ingross
it, and prepare it for the Great Seal, and send it to the
King, to be signed.
The Messengers return with this Answer:
Answer from the H.C.
That they have delivered the Papers concerning the
Earl of Stamford to the House of Commons.
The Messengers return with this Answer:
That the House of Commons will give a present
Meeting, in the Painted Chamber, as is desired.
The Commission to continue the Parliament in Ireland.
"Charles, by the Grace of God, King of England, Scotland, France, and Ireland, etc. To Our
Right Trusty and Right Well-beloved Cousin and
Counsellor Robert Earl of Leycester, Our Lieutenant
General and Governor General of Our Kingdom of
"Whereas, by Letters Patent of Commission, under
Our Great Seal of England, bearing Date the Fourth
Day of January, in the Year of Our Lord God One
Thousand Six Hundred and Forty, directed to Our Right
Trusty and Well-beloved Counsellor, Sir William Parsons, Knight, Master of Our Court of Wards and Liveries of Our said Kingdom of Ireland, and Sir John Bur
lase, Knight, Master of Our Ordnance there, authorizing
and appointing them jointly to take upon them the
Government of Our said Kingdom of Ireland, with
Power either to continue the Parliament (before that
Time convened, and yet lawfully continuing), by Prorogation, or otherwise, for such longer Time, or to
determine the same, as they shall think meet, with
such other Powers as in the said Letters Patents are
expressed: We are now pleased to declare, and Our
express Will and Pleasure is, That, as soon as you,
Our said Lieutenant General, shall arrive within Our
said Kingdom of Ireland, and Personally appear in
Our said Parliament there, you, Our said Lieutenant
General, and such Deputy or Deputies as We or you
shall appoint, shall severally and respectively have full
Power and Authority to continue the said Parliament,
by Prorogation or otherwise, for such longer Time, or to
determine the same, as you, Our said Lieutenant General,
or such Deputy or Deputies, shall think meet; and to
give, in Our Name, and for Us, Our Royal Assent to
all such Bills as We have formerly approved of, and
returned under Our Great Seal of England into Our
said Kingdom of Ireland, to be considered and treated
upon in Our said Parliament, and which shall be
agreed and concluded upon in Our said Parliament
there; and to do and execute all other Things, for
perfecting of the said Bills and Acts, as shall be meet,
and are usual in the like Cases; and We do hereby
give and grant to you, Our said Lieutenant General,
and such Deputy or Deputies, severally and respectively, full Power and Authority to do and execute
all such Acts, Matters, and Things, as you, Our said
Lieutenant General, or such Deputy or Deputies,
shall find to conduce to Our Service in the Premises;
any former Commission or Commissions, or any Thing
therein contained, to the contrary notwithstanding;
and these Presents shall be your sufficient Warrant
in that Behalf. In Witness, etc."
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
His Majesty's Answer to the Parliament's Petition.
Though His Majesty had no great Reason to believe that the Directions sent to the Earl of Warwick,
to go to the River of Humber with as many Ships as
he should think fit, for all possible Assistance to Sir
John Hotham (whilst His Majesty expected the giving
up of the Town unto Him), and to carry away such
Arms from thence as His Discretion thought fit to
spare out of His Majesty's own Magazine; the choosing
a General by both Houses of Parliament, for the Defence of those who have obeyed their Orders and
Commands (be they never so extravagant and illegal);
their Declaration, That, in that Case, they would live
and die with the Earl of Essex, their General (all
which were voted the same Day with this Petition);
and the committing the Lord Mayor of London to Prison, for executing His Majesty's Writs and Lawful
Commands; were but ill Prologues to a Petition,
which might compose the miserable Distractions of
the Kingdom: Yet His Majesty's passionate Desire of
the Peace of the Kingdom, together with the Preface
of the Presenters, that they had brought a Petition
full of Duty and Submission to His Majesty, and
which desired nothing of Him but His Consent to
Peace (which His Majesty conceived to be the Language of both Houses too), begot a greedy Hope and
Expectation in Him, that this Petition would have
been such an Introduction to Peace, that it would at
least have satisfied His Message of the Eleventh of this
Month, by delivering up Hull unto His Majesty:
But, to His unspeakable Grief, His Majesty hath too
much Cause to believe that the End of some Persons,
by this Petition, is not in Truth to give any real Satisfaction to His Majesty; but, by the specious Pretences of making Offers to Him, to mislead and seduce His People, and lay some Imputation upon Him
of denying what is fit to be granted; otherwise it
would not have thrown those unjust Reproaches and
Scandals upon His Majesty, for making necessary and
just Defence for His own Safety, and so peremptorily
justified such Actions against Him, as by no Rule of
Law or Justice can admit the least Colour of Defence; and, after so many free and unlimited Acts
of Grace, passed by His Majesty without any Condition, have proposed such Things which in Justice cannot be denied unto Him, upon such Conditions as in
Honour He cannot grant.
However, that all the World may see how willing
His Majesty would be to embrace any Overture that
might beget a right Understanding between Him and
His Two Houses of Parliament (with whom He is
sure He shall have no Contention, when the private
Practices and subtle Insinuations of some few malignant Persons shall be discovered, which His Majesty
will take Care shall be speedily done), He hath, with
great Care, weighed the Particulars of this Petition,
and returns this Answer:
That the Petitioners were never unhappy in their
Petitions or Supplications to His Majesty, while they
desired any Thing which was necessary or convenient
for the Preservation of God's true Religion, His
Majesty's Safety and Honour, and the Peace of the
Kingdom; and therefore, when those general envious
Foundations are laid, His Majesty could wish some
particular Instances had been applied. Let Envy and
Malice object One particular Proposition, for the Preservation of God's true Religion, which His Majesty
hath refused to consent to: What Himself hath often
made, for the Ease of tender Consciences, and for
the Advancement of the Protestant Religion, is notorious by many of His Messages and Declarations:
What Regard hath been to His Honour and Safety,
when He hath been driven from some of His Houses,
and kept from other of His Towns by Force, and
what Care there hath been of the Peace of the Kingdom, when Endeavour hath been used to put all His
Subjects in Arms against Him, is so evident, that His
Majesty is confident He cannot suffer by those general Imputations: It is enough that the World knows
what He hath granted, and what He hath denied.
For His Majesty's raising Forces, and making Preparations for War (whatsoever the Petitioners, by the
evil Arts of the Enemies to His Majesty's Person and
Government, and by the Calumnies and Slanders
raised against His Majesty by them, are induced to
believe), all Men may know what is done that Way
is but in Order to His own Defence. Let the Petitioners remember that (which all the World knows)
His Majesty was driven from His Palace of Whitehall,
for Safety of His Life; that both Houses of Parliament, upon their own Authority, raised a Guard to
themselves (having gotten the Command of all the
Trained Bands of London to that Purpose), without the
least Colour or Shadow of Danger; that they usurped
a Power, by their pretended Ordinance (against all
Principles and Elements of Law), over the whole
Militia of the Kingdom, without and against His
Majesty's Consent; that they took Possession of His
Town, Fort, and Magazine of Hull, and committed
the same to Sir John Hotham, who shut the Gates
against His Majesty, and, by Force of Arms, denied
Entrance thither to His own Person; that they justified this Act, which they had not directed, and took
Sir John Hotham into their Protection for whatsoever
he had done, or should do, against His Majesty; and
all this whilst His Majesty had no other Attendance
than His own menial Servants.
Upon this, the Duty and Affection of this County
prompted His Subjects here to provide a small Guard
for His Person; which was no sooner done, but a
Vote suddenly passed, of His Majesty's Intention to
levy War against His Parliament (which, God knows,
His Heart abhorreth); and, notwithstanding all His
Majesty's Professions, Declarations, and Protestations
to the contrary, seconded by the clear Testimony of so
great a Number of Peers upon the Place, Propositions and Orders for Levies of Men, Horse, and Arms,
were sent throughout the Kingdom, Plate and Money
brought in and received, Horse and Men raised towards an Army mustered and under Command; and
all this contrary to the Law, and to His Majesty's
Proclamation; and a Declaration published, That, if
He should use Force for the Recovery of Hull, or suppressing the pretended Ordinance for the Militia, it
should be held levying War against the Parliament;
and all this done before His Majesty granted any
Commission for the levying or raising a Man. His
Majesty's Ships were taken from Him, and committed
to the Custody of the Earl of Warwick, who presumes, under that Power, to usurp to himself the
Sovereignty of the Sea, to chase, fright, and imprison, such of His Majesty's good Subjects as desire to
obey His lawful Commands, although he had Notice
of the legal Revocation of the Earl of Northumberland's
Commission of Admiral, whereby all Power derived
from that Commission ceased.
Let all the World now judge who began this War,
and upon whose Account the Miseries which may follow must be cast; what His Majesty could have
done, less than He hath done; and whether He were
not compelled to make Provision, both for the Defence of Himself, and Recovery of what is so violently
and injuriously taken from Him; and whether these
Injuries and Indignities are not just Grounds for His
Majesty's Fears and Apprehension of further Mischief
and Danger to Him.
Whence the Fears and Jealousies of the Petitioners
have proceeded, hath never been discovered: The
Dangers they have brought upon His good Subjects
are too evident; what those are they have prevented,
no Man knows. And therefore His Majesty cannot
but look upon that Charge as the boldest and the
most scandalous hath been (fn. *) yet laid upon Him, That
this necessary Provision, made for His own Safety
and Defence, is to overrule the Judgement and Advice of His Great Council, and by Force to determine the Questions there depending, concerning the
Government and Liberty of the Kingdom. If no
other Force had been raised to determine those
Questions than by His Majesty, this unhappy Misunderstanding had not been. And His Majesty no longer desires the Blessing and Protection of Almighty
God upon Himself and His Posterity, than He and
they shall solemnly observe the due Execution of the
Laws, in the Defence of Parliaments, and the just
For the Forces about Hull, His Majesty will remove them, when He hath attained the End for which
they were brought thither. When Hull shall be reduced again to His Subjection, He will no longer have
an Army before it; and when He shall be assured that
the same Necessity and Public Good which took Hull
from Him may not put a Garrison into Newcastle, to
keep the same against Him, He will remove His from
thence, and from Tinmouth; till when, the Example
of Hull will not out of His Memory.
For the Commissions of Array, which are legal,
and are so proved by a Declaration now in the Press,
His Majesty wonders why they should at this Time
be thought grievous, and fit to be re-called. If the
Fears of Invasion and Rebellion be so great, that,
by an illegal pretended Ordinance, it is necessary to
put His Subjects into a Posture of Defence, to array,
train, and muster them; He knows not why the
same should not be done in a regular, known, lawful
Way: But if, in the Execution of that Commission,
any Thing shall be unlawfully imposed upon His Subjects, His Majesty will take all just and necessary Care
for their Redress.
For His Majesty's coming nearer to His Parliament,
His Majesty hath expressed Himself so fully, in His
several Messages, Answers, and Declarations, and so
particularly avowed a real Fear of His Safety, upon
such Instances as cannot be answered, that He hath
Reason to take Himself somewhat neglected, that
since, upon so manifest Reasons, it is not safe for His
Majesty to come to them, both His Houses of Parliament will not come nearer to His Majesty, or to such
a Place where the Freedom and Dignity of Parliament
might be preserved: However, His Majesty shall be
very glad to hear of some such Example, in their
punishing the Tumults (which He knows not how to
expect, when they have declared that they knew not
of any Tumults, though the House of Peers desired, both for the Dignity and Freedom of Parliament, that the House of Commons would join with
them in a Declaration against Tumults, which they refused, that is, neglected to do), and other seditious
Actions, Speeches, and Writings, as may take that
Apprehension of Danger from Him; though, when He
remembers the particular Complaints Himself hath
made of Business of that Nature, and that, instead of
enquiring out the Authors, Neglect of Examinations
hath been, when Offer hath been made to both Houses
to produce the Authors (as in that treasonable Paper
concerning the Militia), and when He sees every Day
Pamphlets published against His Crown, and against
Monarchy itself, as the Observations upon His last
Messages, Declarations, and Expresses, and some Declarations of their own, which gives too great Encouragement in that Argument to ill-affected Persons;
His Majesty cannot with Confidence entertain those
Hopes which would be most welcome to Him.
For the leaving Delinquents to the due Course of
Justice, His Majesty is most assured, He hath been no
Shelter to any such. If the Tediousness and Delay
in Prosecution, the vast Charge in Officers Fees, the
keeping Men under a general Accusation, without
Trial, a whole Year and more, and so allowing them
no Way for their Defence and Vindication, have
frighted Men away from so chargeable and uncertain
an Attendance; the Remedy is best provided where
the Disease grew. If the Law be the Measure of
Delinquency, none such are within His Majesty's
Protection: But if, by Delinquents, such are understood, who are made so by Vote, without any Trespass
upon any known or established Law: If, by Delinquents, those Nine Lords are understood, who are
made Delinquents for obeying His Majesty's Summons
to come to Him, after their Stay there was neither
safe nor honourable, by reason of the Tumults and
other Violencies, and whose Impeachment, He is confident, is the greatest Breach of Privilege that, before this Parliament, was ever offered to the House
of Peers: If, by Delinquents, such are understood,
who refuse to submit to the pretended Ordinance of
the Militia, to that of the Navy, or to any other
which His Majesty hath not consented to; such who,
for the Peace of the Kingdom, in an humble Manner, prepare Petitions to Him, or to both Houses, as
His good Subjects of London and Kent did, whilst seditious ones, as that of Essex and other Places, are allowed and cherished: If, by Delinquents, such are
understood, who are called so for publishing His Proclamations (as the Lord Mayor of London), or for
reading His Messages and Declarations (as divers Ministers about London and elsewhere), when those
against Him are dispersed with all Care and Industry,
to poison and corrupt the Loyalty and Affections of
His good People: If, by Delinquents, such are understood, who have or shall lend His Majesty Money, in
the Universities, or in any other Places: His Majesty
declares to all the World, That He will protect such
with His utmost Power and Strength; and directs, that,
in these Cases, they submit not to any Messengers or
Warrants; it being no less His Duty to protect those
who are innocent, than to bring the guilty to condign
Punishment; of both which the Law is to be Judge.
And, if both Houses do think fit to make a General,
and to raise an Army, for Defence of those who
obey their Orders and Commands, His Majesty must
not sit still, and suffer such who submit to His just
Power, and are solicitous for the Law of the Land, to
perish and be undone, because they are called Delinquents: And when they shall take upon them to dispense with the Attendance of those who are called by
His Majesty's Writ, whilst they send them to Sea to
rob His Majesty of His Ships, or into the several
Counties to put His Subjects in Arms against Him;
His Majesty (who only hath it) will not lose the
Power to dispense with them to attend His own Person, or to execute such Offices as are necessary for
the Preservation of Himself and the Kingdom; but
must protect them, though they are called Delinquents.
For the Manner of proceeding against Delinquents,
His Majesty will proceed against those who have no
Privilege of Parliament, or in such Cases where no
Privilege is to be allowed, as He shall be advised by
His Learned Counsel, and according to the known and
unquestionable Rules of the Law; it being unreasonable that He should be compelled to proceed against
those who have violated the known and undoubted
Law, only before them who have directed such Violation.
Having said thus much to the Particulars of the
Petition, though His Majesty hath Reason to complain that, since the sending this Petition, they have
beaten their Drums for Soldiers against Him, armed
their new General with a Power destructive to the
Law and Liberty of the Subjects, and chosen a General of their Horse; His Majesty, out of His Princely
Love, Tenderness, and Compassion of His People, and
Desire to preserve the Peace of the Kingdom, that the
whole Force and Strength of it may be united, for
the Defence of itself, and the Relief of Ireland (in
whose Behalf He conjures both His Houses of Parliament, as they will answer the contrary to Almighty
God, His Majesty, to those that trust them, and to
that bleeding miserable Kingdom, that they suffer not
any Monies granted and collected by Act of Parliament to be diverted or employed against His Majesty,
whilst His Soldiers in that Kingdom are ready to mutiny or perish for Want of Pay, and the barbarous
Rebels prevail by that Encouragement), is graciously
pleased once more to propose and require:
That His Town of Hull be immediately delivered
up to Him; which being done (though His Majesty
hath been provoked by unheard-of Insolencies of Sir
John Hotham, since his burning and drowning the
Country, in seizing Corn, and other Provisions for
His House, and scornfully using His Servant whom
He sent to require them; saying, It came to him by
Providence, and he will keep it; and so refusing to
deliver it, with Threats if he or any other of his
Fellow Servants should again repair to Hull about it;
and in taking and detaining Prisoners divers Gentlemen and others, in their Passages over The Humber
into Lincolnshire, about their necessary Occasions, and
such other Indignities as all Gentlemen must resent in
His Majesty's Behalf), His Majesty, to shew His earnest Desire of Peace (for which He will dispense with
with His own Honour), and how far He is from Desire of Revenge, will grant a free and general Pardon
to all Persons within that Town.
That His Majesty's Magazine, taken from Hull, be
forthwith put into such Hands as He shall appoint.
That His Navy be forthwith delivered into such
Hands as He hath directed, for the Government thereof; the detaining thereof, after His Majesty's Directions published and received to the contrary, and employing His Ships against Him in such Manner as they
are now used, being notorious High Treason in the
Commanders of those Ships.
That all Arms, Levies, and Provisions for a War,
made by the Consent of both Houses (by whose Example His Majesty hath been forced to make some
Preparations), be immediately laid down; and the pretended Ordinance for the Militia, and all Power of
imposing Laws upon the Subject without His Majesty's
Consent, be disavowed, without (fn. *) which the same Pretence will remain to produce the same Mischiefs: All
which His Majesty may as lawfully demand as to
live, and can with no more Justice be denied Him than
His Life may be taken from Him.
These being done, and the Parliament adjourned to
a safe and secure Place, His Majesty promises in the
Presence of God, and binds Himself by all His Confidence and Assurance in the Affection of His People,
that He will instantly and most chearfully lay down
all the Force He shall have raised, and discharge all
His future and intended Levies, that there may be a
general Face of Peace over the whole Kingdom; and
will repair to them, and desires that all Differences
may be freely debated in a Parliamentary Way,
whereby the Law may recover its due Reverence,
the Subject His just Liberty, and Parliaments themselves their full Vigour and Estimation, and so the
whole Kingdom a blessed Peace, Quiet, and Prosperity.
If these Propositions shall be rejected, His Majesty
doubts not of the Protection and Assistance of Almighty God, and the ready Concurrence of his good
Subjects, who can have no Hope left them of enjoying their own long, if their King may be oppressed
and spoiled, and must be remediless.
And though His Towns, His Ships, His Arms, and
His Money, be gotten and taken from Him, He hath
a good Cause left, and the Hearts of His People;
which, with God's Blessing, He doubts not will recover all the rest.
"Lastly, if the Preservation of the Protestant Religion, the Defence of the Liberty and Law of the
Kingdom, the Dignity and Freedom of Parliament,
and the Recovery and the Relief of bleeding and
miserable Ireland, be equally precious to the Petitioners as they are to His Majesty (who will have no
Quarrel but in Defence of these); there will be a
chearful and speedy Consent to what His Majesty hath
now proposed and desired. And of this His Majesty
expects a full and positive Answer by Wednesday the
27th of this Instant July. Till when, He will not
make any Attempt of Force upon Hull; hoping in
the Affection, Duty, and Loyalty of the Petitioners;
and, in the mean Time, expects that no Supply of
Men be put into Hull, or any of His Majesty's Goods
taken from thence."
Adjourn, die Lunæ, 9a hora.