House of Lords Journal Volume 5
22 October 1642

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1767-1830

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'House of Lords Journal Volume 5: 22 October 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 415-419. URL: http://www.british-history.ac.uk/report.aspx?compid=34932 Date accessed: 31 October 2014.


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DIE Sabbati, videlicet, 22 die Octobris.

PRAYERS.

The Lord Grey de Warke was appointed to be Speaker this Day.

Message from the H. C. to fit a while;

A Message was brought from the House of Commons, by Sir Henry Mildmay:

1. To desire their Lordships to fit until they come up to them about Business of great Importance.

Agreed, To fit, as is desired.

and with an Order for the Earl of Warwick to be General in these Parts.

2. They desire their Lordships Concurrence in this Vote concerning the Earl of Warwicke: videlicet,

"Resolved, upon the Question,

"That this House doth nominate and approve Rob't Earl of Warwicke, to be Captain General of the Forces to be raised in these Parts, for the Defence of the Parliament, the City of London, and the Counties adjacent, without any Diminution or Derogation of the Authority and Power granted to the Earl of Essex."

Ordered, That this House agrees with the House of Commons in this Vote.

The Answer returned was:

Answer to the H. C.

That this House will fit, as they desire; and that their Lordships do concur with the House of Commons, in the Resolution concerning the Earl of Warwicke.

A Letter was read, written from the Earl of Stamford, dated at Hereford, the 19th October, 1642, directed to the Speaker of this House.

"My Lord,

Earl of Stamford's Letter about the Hardships of the Protestants in Monmouthshire.

"Many poor Protestants in Monmouthshire bring their miserable Complaints unto me, that many of them are turned out of their House, some carried away Prisoners to Ragland Castle, some forced to bear Arms, their Wives and Children driven out of Doors, and their Houses stuffed up with Popish Soldiers. I thought it my Duty to offer these crying Injuries to the Consideration of the Parliament, for it is most true; and as many as come to me for Relief I place them in such Papists Houses, and those of the malignant Party, where they shall not want so long as they may plentifully subsist upon their Goods; for the Villains are so cruel, as they plunder these poor People to their Shirts. What further Order shall be given me for the regulating of these Abuses, I shall be most ready to employ my best Endeavour to obey their Lordships Commands. His Excellency being, as I am informed, to move with the Army from Worcester, I took this Boldness, for Expedition Sake, to inform their Lordships of these Passages; and so I beseech the Lord of Heaven to guide your Consultations; and remain,

Hereford, this 19th of October, 1642.

"My Lord,

"Your Lordship's humble Servant,

"Stamford."

Earl of Warwick's Cause about the Post Office.

Ordered, That the Cause concerning the Letter Office shall be put off until this Day Sevennight.

Lord Coventry's Subscription to be paid in.

Ordered, That whereas some of the Lord Coventrye's Plate is melted, the same so melted is to go in Part of Payment of the Two Thousand Pounds: And it is further Ordered, That the said Two Thousand Pounds shall be paid into the Treasurers at Guildhall between this and the Sitting of the House on Monday next.

Mr. Leviston and his Wife may come to London.

Ordered, That Mr. Leviston and his Wife, now stayed at Doncaster, shall be suffered to pass quietly to London.

Message from the H. C. for an Embargo on all Shipping.

A Message was brought from the House of Commons, by Mr. Symon Vassall:

To desire their Lordships Concurrence, that all Ships whatsoever shall be stayed from going out of this Kingdom for the present.

Agreed to.

Ordered, That this (fn. *) House agrees with the House of Commons in this Message; and Orders, That all Ships whatsoever shall be stayed from going out of this Kingdom for the present.

Answer.

The Answer returned was as abovesaid Ordered.

Message from the H. C. with an Order about Devonshire and Cornwall;

A Message was brought from the House of Commons, by the Lord Grey of Ruthin:

1. To desire their Lordships Concurrence in an Order concerning Devonshire and Cornwaile. (Here enter it.)

Agreed to.

and for a Conference about the State of the Kingdom.

2. To desire a present Conference, touching the State and Danger that the Kingdom is now in.

Agreed, To give a present Conference.

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons in this Order concerning Devon and Cornwaile; and their Lordships will give a present Conference, as is desired, in the Painted Chamber.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Conference reported.

The Speaker reported the Effect of this Conference, which was:

"1. To desire their Lordships Concurrence in an Ordinance, concerning the raising of an Army near London, etc. under the Command of the Earl of Warwicke, which was read, in hæc verba: videlicet," (Here enit.)

Ordered, That this House agrees with the House of Commons in this Ordinance.

"2. A Declaration of both Houses of Parliament, concerning an Association." (Here enter it.)

Agreed to.

Orders for taking all the Horses in London, &c. for the Public Service.

"The Lords and Commons assembled in Parliament, being credibly informed of His Majesty's Approach to the Parliament and this City with His Army, and by former Declarations gives us just Cause to expect their Intentions are to destroy both Parliament and City, they believe it necessary for their present Safety, and the Defence of the said City, that all the Stables of the City of London and Liberties thereof may forthwith be searched, and the Number of Horses in them to be listed; declaring and promising, upon the Public Faith, to satisfy and pay for all such as shall miscarry in the Use of them, and the rest to return unto the Owners of them, when this Action shall be passed, and this Danger over: And this forthwith to be put into Execution, by the Committee for the Militia of the City of London, or by such fit Persons as they shall depute for the Service."

The like Order to be directed to Lord Lieutenant and Deputy Lieutenants of the County of Midd. for the Suburbs of the City of London; and another to the Bailiff and Justices of the Peace for the City of Westm.

Message to the H. C. for their Concurrence in them.

A Message was sent down to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire the Concurrence of the House of Commons in these Orders.

Message from the H. C. for the Lords Concurrence in an Order for an Embargo on the Ships in The Thames.

A Message was brought from the House of Commons, by Mr. Rigby:

To desire their Lordships Concurrence in an Order for staying of all Ships and Vessels on the River of Thames. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in this Order.

Declaration about the Association to be printed.

Ordered, That the Declaration concerning the Association shall be presently printed and published, and read in all the Parish Churches in England and Dominion of Wales.

Earl of Warwick's Commission to command an Army in these Parts, without Diminution of the Earl of Essex's Authority.

"Whereas, upon serious Consideration of the present and imminent Dangers of Force and Violence, which at this Time threaten the Parliament, City of London, and the whole Kingdom, through the cunning Practice of Papists, and malicious Counsels of divers illaffected Persons, who have procured His Majesty to raise an Army, and make great Provisions for War, to place Garrisons in Towns and other Places of Importance within this Kingdom, and, by Terror of Arms, to compel His Subjects to submit to a Commission of Array, and other Things contrary to Law, whereby God's true Religion and the Liberty of the Kingdom are like to be suppressed, and the whole Frame of the ancient and well-tempered Government of this Realm to be dissolved and destroyed, and the English Nation inthralled in their Persons and Estates to an arbitrary Power: The Lords and Commons in this Parliament, according to the Duty and Trust which lies upon them, for Prevention of those great Mischiefs, and Preservation of His Majesty's Person, the Peace of the Cities of London and Westm. and Counties adjacent, and Defence of the Parliament, have Resolved and Ordained, That an Army be forthwith raised; and that the Trained Bands and other Forces of the City of London and Westm, and Counties adjacent, be put into a Posture and Condition fit to oppose and resist any Force and Insurrection of Papists and ill-affected Persons, against the Public Peace and Laws of the Kingdom, how ever countenanced by any pretended Commission or Authority from His Majesty; and finding it most necessary that some Person of Honour, Wisdom, and Fidelity, should be appointed to command the said Army and Forces, and (fn. *) having had long Experience and certain Knowledge that Robert Earl of Warwick is every Way qualified for a Trust of so high a Nature and Concernment, in regard of the Nobility of his Birth, his great Judgement in Martial Affairs, approved Integrity and Sufficiency in divers Honourable Employments and Commands in the Public Service in the State, and especially in regard of the Faithfulness and good Affections to the Liberty, Peace, and Prosperity of the Kingdom, in this present Parliament abundantly manifested, and of the great Honour and Confidence among the well-affected People of the Kingdom which he hath thereby gained: The said Lords and Commons do constitute and ordain him, the said Robert Earl of Warwick, to be the Captain General and Chief Commander of the Army appointed to be raised, and of all other Forces of the said Cities, Counties, and Places aforesaid, for the Ends and Purposes aforementioned; and that he, the said Earl, shall have and enjoy all Powers, Titles, Pre-eminences, Authority, Jurisdiction, and Liberties, incident and belonging to the said Office of Captain General, throughout the Cities of London and Westm. and Counties adjacent, in as large and ample Manner as any other General of any Army in this Kingdom hath lawfully used, exercised, and enjoyed; to have, hold, and execute, the Office of Captain General, in such Manner, and according to such Instructions, as he shall from Time to Time receive from both Houses of Parliament; and do further grant and Ordain, That the said Earl shall have Power to raise and levy Forces, as well Men at Arms as other Horse-men and Foot-men of all Kinds, and meet for the Wars, in all the Counties, Cities, Boroughs, Towns Corporate, and other Places within the Cities, Counties, and other Places aforesaid, as well within Liberties as without; and them to conduct and lead against all and singular Enemies, Rebels, Traitors, and other like Offenders, and every of their Adherents; and with them to fight, and them to invade, resist, repress, subdue, pursue, slay, kill, and put to Execution of Death, by all Ways and Means; and to fulfill and execute all and singular other Things, for the levying and governing of the said Forces, preserving the Safety of His Majesty's Person, Defence of the Parliament, and the Conservation of the said Cities, Counties, and Places aforesaid, in Peace, from all unlawful Violence, Oppression, and Force, howsoever countenanced by any pretended Commission or Authority from His Majesty or otherwise; and likewise shall have Power to assign and appoint a Lieutenant General under him, the said Earl, in his Stead, to do and execute all and every or any the Powers and Authorities granted to him, the said Earl; and to appoint a General of the Troops of Horse, and all such other Commanders and Officers as shall be necessary and requisite for the Government and Command of the said Army; and likewise One Provost Marshal, for Execution of his Commands, according to this Ordinance: And, for the better Execution of the Premises, it is Ordered and Ordained, That the said Earl shall have Power to command all Forts and Castles already fortified, or to be fortified, within any of the Cities, Counties, or Places aforesaid; and to amove, displace, or continue, the Captains, Lieutenants, and Soldiers, as likewise all Ships, Barks, and Vessels, which he, the said Earl, shall think meet from Time to Time, for the Use and Service of the said Army, and Forces under his Government and Command; likewise to give Rules, Instructions, and Directions, for governing, leading, and conducting, the said Army, and for the Punishment of all Mutinies, Tumults, Murders, Rapines, and other Crimes and Misdemeanors, of any Person whatsoever in the same, according to the Course and Custom of the Wars, and Law of the Land; and the same Rules and Instructions to cause to be proclaimed, performed, and executed; streightly charging and requiring the said Lieutenant General of the Horse, Provost Marshal, and all other Officers and Soldiers of the said Army, as likewise all Lieutenants of such Cities, Counties, Sheriffs, Deputy Lieutenants, Officers of the Ordnance, Commanders of Forts, Justices of Peace, Mayors, Bailiffs, and other His Majesty's Officers and Subjects whatsoever, to be aiding and assisting and obedient to him, the said Earl, in the Execution of the said Office of Captain General, for the Ends and Purposes and in the Manner aforesaid; and do likewise Ordain and Declare, That the said Earl, the Commanders and Officers of the said Army, and all His Majesty's Officers and Subjects whatsoever, in the Execution of the Premises, shall be saved harmless and defended by the Power and Authority of both Houses of Parliament: Provided, That the Authority hereby given to Robert Earl of Warwick shall not make void, nor derogate from, nor be in Diminution of, the Power and Authority heretofore given by both Houses of Parliament to Robert Earl of Essex, Captain General of the Army for the Defence of the King and Parliament."

Marshal of the Admiralty to make Stay of Ships, for Defence of the City of Lon-

"Forasmuch as the City of London is apprehended to be in Danger, by Forces approaching towards the same, and by reason of Papists and other ill-affected Persons within itself: For the better Security thereof for the present, it is thought fit, and Ordered, and be it Ordained, by the Lords and Commons assembled in Parliament, That Marshal of the Admiralty, or his Deputy, and the several Searchers of the Port of London, and of Gravesend, do forthwith make Stay of all Ships and Vessels, within the River of Thames, between London Bridge and Gravesend; to the End that the said Ships and Vessels, together with their several Companies of Mariners, and Ammunition of War in them, may be in Readiness for the Defence of the said City and the Parts adjacent: And the said Lords and Commons strictly charge the said several Officers and Persons respectively, to whom this Order shall come, to see the same put in Execution accordingly."

Deputy Lieutenants of Cornwall to take up Ships for the Service of that County.

"Upon Information of divers Members of the House of Commons, serving for several Boroughs of the Counties of Devon and Cornwall, That there is present Use of some small Ships and Vessels, to transport Men and Ammunition unto some Parts of Cornwall, for the Safety and Defence of that County: It is Ordered, by the Lords and Commons assembled in Parliament, That the Deputy Lieutenants of the said Counties, or any Four of them, shall have Power to take up such convenient Vessels for that Service as they shall think fit; and what the Charge thereof shall be, shall be allowed unto the Owners of such Ships, out of the Customs of some of those Western Ports, or otherwise as the Parliament shall direct: And it is further Ordered, That two Ships, The Fellowshipp and Mary of Bristoll, now in the Service of the King and Parliament, and riding at Anchor there, be employed; The Fellowshipp to remain in Milford Haven, for Defence of that Harbour; The Mary to be joined with some other small Ships, to lay from Milford to The Land's-End, to prevent the Landing of the Welsh or Irish in those Parts: It is further Ordered, That The Happy Entrance, One of His Majesty's Ships, to be appointed to lie on the Southern Coast, for the Defence of those Parts: It is lastly Ordered, That such Monies as the Deputy Lieutenants and Committees of the Counties of Devon and Cornwall shall borrow and expend, for the Defence and Safety of those Counties, shall be re-paid out of the Monies that come in upon the Propositions in those Counties; and that, if they shall not be sufficient for Re-payment of what is so borrowed and expended, that then they shall have the Public Faith for the Re-payment thereof."

A Declaration for an Association for Defence of the Kingdom.

"We, the Lords and Commons in this present Parliament assembled, do, in the Presence of Almighty God, for the Satisfaction of our own Consciences, and Discharge of that great Trust which lies upon us, make this Protestation and Declaration to this Kingdom and Nation, and to the whole World: That no private Passion or Respect, no evil Intention of His Majesty's Person, no Design to the Prejudice of His just Honour and Authority, engaged us to raise Forces, and take up Arms, against the Authors of this War, wherewith the Kingdom is now inflamed.

"That we have always desired from our Hearts and Souls, manifested in our Actions and Proceedings, and, in several humble Petitions and Remonstrances to His Majesty, professed our Loyalty and Obedience to His Crown, Readiness and Resolution to defend His Person, and support His Estate, with our Lives and Fortunes, to the uttermost of our Power.

"That we have been willing to pass by, not only those Injuries, Ignominies, Slanders, and false Accusations, wherewith we have been privately oppressed and grieved, but likewise many Public Encroachments and high Usurpations, to the Prejudice of Religion and Liberty, divers bloody, traiterous, and cruel Practices and Designs, for the utter Ruin and Destruction of the Church and State, so as we might for the Time to come have been secured from the wicked and malignant Party, those pernicious and traiterous (fn. *) Counsellors, who have been the Authors and Fomenters of the former Mischiefs and present Calamities, which have and still do distemper this Church and State.

"That, for the same Purpose, and for the avoiding of Blood, we directed the Earl of Essex, Lord General, by himself or others, in some safe and ho nourable Way, to cause to be delivered an humble Petition, wherein we do desire nothing from His Majesty, but that He would return in Peace to His Parliament, and, by their faithful Counsel and Advice, compose the Distempers and Confusions abounding in His Kingdoms, as He is bound to do; we therein professing, in the Sight of Almighty God, which is the strongest Obligation and Assurance that any Christian, and the most solemn Public Faith which any such State as a Parliament can give, that we would receive Him with all Honour, yield Him all true Obedience and Subjection, and faithfully endeavour to defend His Person and Estate from all Danger, and, to the uttermost of our Power, to establish to Him and to His People all the Blessings of a glorious and happy Reign, as it is more largely expressed in that Petition.

"For the Delivery of which Petition His Excellency hath Twice sent unto the King, humbly desiring a safe Conduct for those who should be employed therein; but His Majesty refused to give any such safe Conduct, or to receive this humble and dutiful Petition by any Address from the Earl of Essex, saying, If Justice had been done, the Gentleman which brought the Second Message could not expect his Liberty.

"By all which and many other Evidences and Inducements, we are fully convinced, in our Judgements and Belief, that the King's Counsels and Resolutions are so engaged to the Popish Party, for the Suppression and Extirpation of the true Religion, that all Hopes of Peace and Protection are excluded, and that it is fully intended to give Satisfaction to the Papists, by Alteration of Religion; and to the Cavaliers and other Soldiers, by exposing the Wealth of the good Subjects, especially of this City of London, to be sacked, plundered, and spoiled by them.

"That, for the better effecting hereof, great Numbers of Papists have in Shew conformed themselves to the Protestant Religion, by coming to the Church, receiving the Sacrament, and taking the Oaths of Allegiance and Supremacy, which some of their own Priests have encouraged them (fn. *) to do, by maintaining that they might do all those Things, and yet continue good Catholicks; under which Cover, His Majesty did at First begin to strengthen Himself with those of that Religion; being weak, and not able to endure the Envy and Discontent which the Arming of the Papists would procure in the Kingdom, and therefore endeavoured to keep off all Jealousies and Suspicions by many fearful Oaths and Imprecations, concerning His Purpose of maintaining the Protestant Religion and the Laws of the Kingdom, causing some professed Papists to be discharged out of His Army, and none to be received that would not endure the Test of coming to Church, receiving the Sacrament, and taking the Oaths.

"That His Majesty being now grown stronger, and able, as He conceives, to make good His own Ends by Arms, His Confidence in the Papists doth more clearly appear; Persons imprisoned for Priests and Jesuits have been released out of the Gaol of Lancaster; professed Papists have been invited to rise and take up Arms; Commissions under His Majesty's Authority have been granted to many of them, for Places of Command in this War, and Power to raise Men; and great Numbers have been raised by them, and they daily increase; as namely, Sir Nicholas Thornton, Sir Thomas Howard Baronet, Sir Edward Widdington, Sir William Riddell, Mr. Smith of Ash, Mr. George Wray, Mr. Edward Grey of Morpeth Castle, Mr. Lancelott Errington of Dento, Mr. Lancellott Holtby, all of Northumb'land, Bishoprick of Durham, and Newcastle; to Mr. Clifton, Mr. William Walton, Sir William Gerrard Baronet, Sir Cicill Trafford, Mr. Anderson, of Lostocke, in the County of Lancaster; and divers Forces are raised and paid, by the Earl of Worcester and his Son the Lord Herbert; and, as we are informed by an express Messenger sent from these Parts, the said Lord Herbert, a notorious Papist, is made General of all South Wales; and we are further informed out of Yorkeshire, by divers Persons of great Worth and Quality, that those that raise Forces in those Parts for His Majesty do arm and employ Papists, and use their Advice in their Consultations; all which is contrary to the solemn Oaths, Protestations, and Execrations, whereby His Majesty bound Himself to maintain the Protestant Religion and the Laws of the Land, by which He endeavoured to get a Confidence in the People of his good Intentions, which how well it is answered, we leave the World to judge.

"That Sir John Hinderson and Colonel Cockram, Men of ill Report both for Religion and Honesty, are sent to Hamburgh and Denmarke, as we are credibly informed, to raise Forces there, and to bring them to Newcastle, and to join with the Earl of Newcastle the Army of Papists which they intend to raise there; and that divers Endeavours have been used, in other Foreign Parts, to bring in strange Forces into the Kingdom; that the King hath received about Him divers Papists of Ireland, some of which are indicted of High Treason for their Rebellion there, notoriously known to have been in actual Rebellion; as namely, the Lord Taffe, Sir John Dungane proclaimed a Rebel, Colonel Fittswilliams, Dr. Meara indicted for the Rebellion in Ireland, and fled for the same, and yet appointed Physician to Prince Rubert; and that His Majesty hath sent for the Petition of the Irish Rebels which the Justices had stopt, with evident Expressions of Favour to them, whereby that Kingdom is like to become an unfit Habitation, and a Seminary of War and Treason against this Kingdom.

"That divers English Traitors, Actors in the former Designs against the Kingdom and Parliament, are chief Councellors and Actors in this unnatural War against His Subjects; as the Lord Digby, O'Neale, Willmott, Pollard, Asburnham, and others.

"That we have been likewise credibly informed, that divers Jesuits and Priests in Foreign Parts make great Collections of Money, for Relief of the Papists in Ireland, and the Furthering of His Majesty's Designs here against the Parliament; and that, by them and some others fled out of this Kingdom for some Treason, great Means are made to take up the Differences betwixt some Princes of the Roman Religion, that so they might unite their Strength for the Extirpation of the Protestant Religion, wherein principally this Kingdom and the Kingdom of Scotland are concerned, as making the greatest Body of the Reformed Religion in Christendom, and best able to defend themselves and succour other Churches.

"For all which Reasons, we are resolved to enter into a solemn Oath and Covenant with God, to give up ourselves, our Lives and Fortunes, into His Hands; and that we Will; to the utmost of our Power and Judgement, maintain His Truth, and conform ourselves to His Will; that we will defend this Cause, with the Hazard of our Lives, against the King's Army, and against all that shall join with them in Prosecution of this wicked Design, according to the Form to be agreed upon by both Houses of Parliament, to be subscribed by our Hands; and for that we will, for the same Ends, associate ourselves, and unite with all the wellaffected in the City of London, and other Parts of His Majesty's Dominions.

"That we expect our Brethren of Scotland, according to the Act of Pacification, whereby the Two Kingdoms are mutually bound to suppress all Debates and Differences to the Disturbance of the Public Peace, (fn. *) will help and assist us in Defence of this Cause, which, if the Popish Party prevail, must needs either involve them in that Alteration of Religion which will be made here, or engage them in a War against this Kingdom, to defend their own Religion and Liberty; and we doubt not, but the God of Truth and the great Protector of His People will assist and enable us, in this our just Defence, to restrain the Malice and Fury of those that seek our Ruin, and to secure the Persons, Estates, and Liberties of all that join with us; and to procure and establish the Safety of Religion, and Fruition of our Laws and Liberties, in this and all other His Majesty's Dominions; which we do here again profess, before the Ever-living God, to be the chief End of all our Counsels and Resolutions, without any Intention or Desire to hurt or injure His Majesty, either in His Person or just Power."

Footnotes

* Deest in Originali.
* Origin, have.
* Origin. Counsels.
* Deest in Originali.
* Origin, that will.