DIE Martis, videlicet, 20 die Decembris.
Earl of Manchester, Speaker this Day.
Justice Crawley Leave to be absent.
Ordered, That Mr. Justice Crawly hath Leave to go
to his own House in the Country, until after Christmas.
Countess Carrick's Petition.
The Petition of the Countess of Carricke was read.
Committee to consider of it.
Ordered, That this Petition is referred to the Consideration of these Lords following; and the Parties, by
themselves or their Counsel, are to attend the said Committee; and they to report the same to this House:
|L. Viscount Say & Seale.
Any Three to meet.
Report concerning the Propositions to the King.
The Earl of Holland reported from the Committee,
"That they have considered of the naming of Delinquents impeached to be proceeded against; and they
think it fit, that all that have been impeached before
the First Day of January last shall be named to be
proceeded against in Parliament.
"And likewise the Lord Digby to be left to the Trial
of Parliament, though he hath been impeached since
the First of January, 1641.
"The Committee likewise have nonimated such Persons, as they think fit to be removed from the King:
"1. The Marquis of Hartford to be removed from
his Office about the Prince.
"2. The Earl of Bristoll to be removed from the
3. The Lord Herbert of Ragland,
4. Mr. Piercie,
5. Mr. Jermine,
6. Mr. Willmott,
|To be removed from the Court."
And, after a long Debate of this Report, this Question
following was put: videlicet,
"Such as are of Opinion to agree with the Opinion
of the Committee, That, at this Time, such as
the Committee have named, which are impeached by the House of Commons, shall be
left to the Trial of Parliament, omitting the
rest of those which are impeached; say, Content."
And it was Resolved affirmatively.
Protest against One of them.
These Lords following, before the putting of this
Question, desired Leave to enter their Protestation;
which this House granted.
And accordingly they entered it, as followeth: videlicet, (Here enter the Protestation.)
Message from the H. C. for the Lords Concurrence in the following Orders.
A Message was brought from the House of Commons, by Sir Symon Dewes, Knight and Baronet:
To desire their Lordships Concurrence in these Particulars following:
1. An Order to appoint a Watch in Southwarke.
(Here enter it.)
2. An Order for raising of Dragooners, in
the County of Cambridge, to be under the Lord General. (Here enter it.)
3. An Order of Indemnity of some Persons proclaimed
to be Traitors in the County of Devon. (Here enter.)
4. The House of Commons desires their Lordships
to send to the Lord General, to desire him to expedite
the Commission for the Lord Tho. Grey of Warke, to
command, to be in Chief of the Forces to be raised in
the Counties associated, as Norff. Suff. &c.
Lord General to issue Lord Grey's Commission.
Ordered, To send to the Lord General, to recommend to him the Lord Tho. Grey, to be Commander in
the Counties associated; and that he will be pleased to
issue out the Commission.
The Answer returned was:
Answer to the H. C.
That this House agrees with the House of Commons
in the Orders now brought; and will send to the Lord
General, to expedite the Commission to the Lord Tho.
Propositions to the King.
Next, this House proceeded in the Consideration of
the rest of the Propositions, which are to be presented
to the King; and this House agreed to them.
(Here enter the Propositions).
Ordered, That these Propositions now agreed upon
shall be communicated to the House of Commons.
Message to the H. C. for a Conference about them.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Mr. Page:
To desire a Conference, touching some Propositions
to be presented to His Majesty.
Answer returned from the House of Commons was:
That they will give a present Meeting, as is desired, in
the Painted Chamber.
A Petition was presented to this House, by divers Inhabitants of the City of Westm. which they desire their
Lordships to take into Consideration.
The Petition was received, and read.
Then (fn. *) the Petitioners were commanded to withdraw;
and the House took into Consideration, what Answer to
give to this Petition.
Resolved, To give this Answer:
Answer to it.
"That this House approves of this their Petition;
and to let them know, that their Lordships Desires
and Endeavours have always been, to secure the Peace
and Happiness of this Kingdom; and their Lordships
are offering such Propositions of Peace to His Majesty, as they hope will settle the Peace of the Kingdom; and that they will take their Petition into Consideration."
Then the Petitioners were called in, and the Speaker
gave them an Answer as aforesaid; and then they departed.
Captains Slingsby and Wake.
Ordered, That the Cause of Captain Slyngsby and
Captain Wake shall be heard to To-morrow Morning.
Mr. Rumler to send Medicines to Oxford, for the King's Use.
Ordered, That Jo. Wolfgang Rumler, His Majesty's
Apothecary, shall have a Warrant, to send to Oxford such
Parcels of Apothecaries Stuff as are for His Majesty's
own Service; and that they may be searched here before
they go; and Mr. Rumler to have a Pass, for himself
and his Men and Horses.
Venetian Ambassador, a Pass for himself and Family.
Ordered, That the Venetian Ambassador shall have
(fn. †) a Pass, to go quietly in his Journey, going out of this
Kingdom, for himself, Wife, &c.
Ordinance and Instructions from the H. C. for Concurrence.
Next, was read an Ordinance of Parliament, brought
up Yesterday from the House of Commons, for an Association of Norff. and Suff. &c. (Here enter it.)
2. Was read Instructions to the Deputy Lieutenants for
the Counties aforesaid associated. (Here enter them.)
Message to the H. C. that the Lords agree to them.
A Message was sent to the House of Commons, by
Sir (fn. *)
Robert Rich and Mr. Page:
To let the House of Commons know, that this House
agrees with them in the Ordinance for Association of the
Counties of Norff. and Suff. &c. and also to the Instructions to the Deputy Lieutenants of the said Counties.
Bill for settling the Militia.
Ordered, That the Bill for settling the Militia shall
be taken into Consideration To-morrow.
Subject of the Conference about the Propositions.
The Speaker is to let the House of Commons know
at this Conference, "That (fn. †) they have Consideration of
some Propositions to be presented to the King, and
desire their Concurrence therein; and to let them
know, that their Lordships are in Hand with a Bill for
settling the Militia, and for clearing and vindicating
the Earl of Manchester and the Five Members of the
House of Commons; and, as they are Resolved of,
their Lordships will communicate them to the House
of Commons; also that this House thinks Sir John
Brampston, Knight, to be fit to be recommended to
be Lord Chief Justice of the King's Bench, he having suffered the Loss of that Place by reason of his
Attendance and Obedience to this House; and their
Lordships have forborn to put his Name in, in the
Proposition, because he hath been impeached by
them; therefore offer it to their Consideration."
Lady Gerrard's Horses to be restored to her.
Ordered, That the Lady Gherrard's Horses that
were taken from her in Longe-Acre shall be restored to
The House of Commons being come in the Painted
Chamber, this House was adjourned during Pleasure;
which being ended, the House was resumed.
The Propositions to be presented to the King:
Propositions to the King, for accommodating Differences.
"Your Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament assembled, having always in their Thoughts the Glory
of God, Your Majesty's Honour, and the Prosperity
of Your People; and being most desirous to put an
End to the Miseries which now infest, and further
threaten a Desolation of this Kingdom, if not timely
prevented; and that they may provide for the Safety
of Your Majesty's Royal Person, and for the Defence
of Your loyal Subjects, against all such as would with
their Ruin destroy the Worship of God in His true
Religion, the Laws of this Land, and the Rights and
Privileges of Parliament; and also to settle such a
Way for the future, as the like or other Distractions
and Distempers may not again break forth; do most
humbly beseech Your Majesty to accept of and grant
these their most humble Desires and Propositions, as
the most necessary and effectual Means thereunto,
through God's Blessings; and that thereby Your
Majesty may live in as great Honour as any of Your
Royal Ancestors have done, and be as formidable
to Your Enemies as any of Your Predecessors have
been; and that Your Subjects, with Peace and Plenty, may with Gladness of Heart perform their Duties to God and Your Majesty, and enjoy their just
Liberties under Your most Gracious Protection:
"1. That Your Majesty will be pleased to give
Your Royal Assent unto the Bill for taking away
superstitious Innovations; to the Bill against scandalous Ministers; to the Bill against Pluralities; and
to the Bill for a Consultation to be had with Godly,
Religious, and Learned Divines; that Your Majesty
will be pleased to promise to pass such other good
Bills, for settling of the Church Government, as, upon
Consultation with the Assembly of the said Divines,
shall be Resolved on by both Houses of Parliament,
and by them be presented unto Your Majesty; and
that Your Majesty will confirm the Declaration passed in both Houses, for the taking away of Bishops,
Deans, and Chapters; and that such unnecessary Ceremonies as are offensive to tender Consciences may
not be pressed upon Your Majesty's good Subjects,
as hath already been graciously promised by Your Majesty.
"2. That the Rights, Liberties, and Privileges of
Parliament, may be no Ways infringed, but maintained.
"3. That such as have been impeached by the
House of Commons before the First Day of January,
1641, and likewise the Lord George Digby, shall be
left to their due Trial in Parliament; and that the
Marquis of Hertford may be removed from his Charge
about the Prince; the Earl of Bristoll, the Lord Herbert of Ragland, Mr. Percy, Mr. Jermyn, and Mr.
Willmott, may be removed from the Verge of the
"4. That Your Majesty will be pleased to pass an Act
in such a Manner, as may vindicate and secure the
Privilege of Parliament from the ill Consequences of
the late Precedent, in the Charge and Proceedings
against the Lord Kymbolton, now Earl of Manchester,
and the Five Members of the House of Commons.
"5. That Your Majesty, upon the humble Petition
of both Houses of Parliament, will be pleased to
grant Your Letters Patents to, to be Chief
Justice of Your Court of King's Bench; to the Lord
Chief Justice Bankes, to be continued to be Chief
Justice of Your Court of Common Pleas; to Mr.
Justice Foster, to be Chief Baron of Your Court of
Exchequer; and that Mr. Justice Reeves may be continued One of the Judges in Your Court of Common Pleas; to Mr. Justice Bacon, to be continued
One of the Judges in Your Court of King's Bench;
to Mr. Serjeant Wylde, to be One of the Judges of
Your Court of King's Bench; to Mr. Serjeant Rolls,
to be One of the Judges of Your Court of King's
Bench; to Mr. Serjeant Pheasant, to be One of the
Judges of Your Court of Common Pleas; to Mr.
Serjeant Atkins, to be One of the Judges of Your
Court of Common Pleas; to Mr. Serjeant Cresheld,
to be One of the Barons of Your Court of Exchequer; to Mr. Hackwell, to be One of the Barons of
Your Court of Exchequer; to Mr. Samuell Browne,
to be One of the Barons of Your Court of Exchequer: And that all of them may hold their Places,
Quam diu bene se gesserint.
"6. That such Justices of the Peace that have been
lately put out of the Commission of the Peace, in the
several Counties of England and Wales, may be restored; and that the Lord Keeper be commanded to
review the Commission, and to omit such as are unfit
"7. That Your Majesty's Royal Assent may be given
unto such Acts as shall be advised by both Houses
of Parliament, for the satisfying and paying of those
Debts wherein the Kingdom now stands engaged.
"8. That all Acts of the Council Table, that do concern Government, may be attested under the Hands
of those who give the Advice.
"9. That an Act of Oblivion may pass, for all Crimes
and Offences committed, or pretended to be committed, excepting the Persons desired to be brought
to their Trials in Parliament.
"10. That Your Majesty's General Pardon may be
granted to all, excepting such as before are named.
"11. It is humbly desired, That Your Majesty will
declare Your Pleasure, whether you will not have a
Cessation from all Manner of Acts of Hostility for
Fourteen Days; the said Cessation to commence from
such a Time as shall be agreed on by Your Majesty
and the Two Houses of Parliament.
"12. That the Laws against Popish Recusants may
be put into due Execution."
Declaration for associating Norfolk, Essex, Suffolk, &c.
"The Lords and Commons now in Parliament assembled, being certainly informed that Papists and
other wicked and ill-affected Persons have traiterously
combined together, and entered into Association, and
have raised, and daily do raise, great Forces both of
Horse and Foot, in several Counties of this Kingdom, and have plundered, spoiled, and destroyed,
Multitudes of His Majesty's good Subjects, and, if
not timely prevented, will utterly subvert and destroy
the true Protestant Religion (which is their chief Design), the Laws of the Land, the Privileges of Parliament, and the Liberty of the Subject: The Lords
and Commons do Declare, That they hold it a
Thing most fit and necessary for the present State
of this Kingdom, and do accordingly Order, That all
Lords Lieutenants, Deputy Lieutenants, Colonels,
Captains, and other Officers, and all other well-affected Persons, Inhabitants in the several Counties of
Norff. Suff. Essex, Cambridge, and Isle of Ely, Hartford, and the County of the City of Norwich, shall
and may associate themselves, and mutually aid, succour, and assist one another, in the mutual Defence
and Preservation of themselves, and of the Peace of
the said Counties, from all Rapines, Plundering,
Spoiling of the said Papists and other ill-affected Persons.
"And it is further Ordered and Declared, That the
said Lords Lieutenants, Deputy Lieutenants, Colonels,
Captains, and other Officers, have Power and Authority to raise Forces of Horse and Foot, and to lead
them into any Place which shall be fitting and convenient, and to give Battle and to fight with all such
as are, or shall be, raised to levy War against the Parliament, and all other Forces raised without Authority
and Consent of both Houses of Parliament, that
make any Insurrection, and plunder and destroy His
Majesty's good Subjects; and them to invade, resist,
suppress, subdue, and pursue, kill, and slay, and put
to Execution of Death, and by all Means to destroy,
as Enemies of the Kingdom; and to perform all
Things else needful for the Preservation of the Safety
and Peace of the said Counties, either by Water or
Land, observing, from Time to Time, such other Directions and Commands, as they shall receive from
both Houses of Parliament, or from the Earl of Essex
Lord General; and that the said Inhabitants of the
said several Counties, and every of them, for so doing, shall be saved and kept harmless by Power and
Authority of Parliament.
"And the said Lords and Commons, taking into
their serious Considerations the Necessity of appointing a Commander in Chief over the Officers, which are
or shall be raised in the Counties aforesaid, or any of
them, for the Service aforesaid, in regard that, by particular Commissions already granted to Persons in the
said several Counties, there is not Power given to
lead Forces out of their own Counties: It is Ordered,
That the Lord General the Earl of Essex shall be
desired to grant a Commission to William Lord Gray
of Warke, to command in Chief, as Major General of
all the Forces to be raised in the said Counties, and
to have Power to lead, conduct, and carry the same,
to such Places, within the said Counties, as he shall
think fit for the Defence of the said Counties; and
likewise Power to give the same Orders and Instructions, in his Excellency's Absence, for regulating the
Soldiery, which is, or shall be, under his Command,
as his said Excellency hath given to his Army; and
to use Martial Law, to compel Obedience thereunto, as Occasion shall require; and also Power and
Authority to make and to appoint Colonels, Captains, and other Officers, for levying, conducting,
and leading the said Forces, as he shall think fit."
Order for a Watch in Southwark.
"That whereas, by a late Ordinance of both Houses
of Parliament, it was appointed that Courts of
Guard, Posts, and Chains, should be erected in
the Borough of Southwarke; and that a competent
Number of the Trained Bands and Voluntiers,
listed under Command, in the said Borough and
adjacent Parts, should be appointed by the several
Captains to keep a constant Watch, or Guard, by
Day and by Night, for the Safety of the same:
Now, whereas the Houses are this Day informed, that
divers Persons ill-affected to the Public Safety do refuse to give their due Attendance on the said Service,
it is this Day Ordered, by the Lords and Commons in Parliament, That the several Captains of the
Trained Bands, and Companies of Voluntiers, in the
said Borough, shall have Power to command and appoint a competent Number of the said listed Soldiers,
to keep a constant Watch, or Guard, both by Day
and Night, such as in their Discretions (by Agreement amongst themselves) shall be thought necessary,
for the Safety of the said Borough; and if any Soldier, warned to give his Attendance either by Drum
or otherwise, shall refuse to make his due Appearance,
or, being come, shall not carefully and duly attend
the said Service, according to the Direction of the
said Captains or their Officers, that, on every such
Misdemeanor, the Party so offending shall forfeit and
pay the Sum of Two Shillings and Six Pence, to the
Officers then attending, who is therewith to hire
others, for the Discharge of the said Service; and in
such Case, where divers Parties are listed to One
Arms, every Party shall contribute proportionably,
after the Rate of Two Shillings and Six Pence for
Day and Night, for what is past, and shall be to
come; and that these Soldiers, who as Soldiers give
their Personal and due Attendance on the said Guards,
shall, during this Occasion, be, in respect thereof,
exempted from their other Attendance of watching in
the said Borough as Inhabitants."
Order for raising Dragoons in Cambridge.
"Whereas divers Gentlemen and other well-disposed
Persons of the County and Town of Cambridge, seeking the Preservation of Religion, and the Laws and
Liberty of the Kingdom, and the Safety of the
Lives and Goods of the Subjects from the Violence
and Rapine of the King's Soldiers, have declared
themselves willing to raise a considerable Number of
Dragooners, in the said Town and County, and to
set them out with a Month's Pay, to be employed as
abovementioned, under the Command of his Excellency the Earl of Essex Lord General: The Lords
and Commons do Declare the same to be a very acceptable Service to the Commonwealth, and of special
Use at this Time, if that good Affection be speedily
put in Execution; and do thereupon Order and Appoint, That Sir Thomas Martin Knight, and Thomas
Symons Esquire, Two of the Deputy Lieutenants
of that County, or either of them, be hereby authorized to raise and list the said Men, and to present to the Lord General the Names of some fit
Persons, to be approved by his Excellency, to lead
and conduct the said Dragooners, under the Command of the Two Deputy Lieutenants abovementioned, to the Town of Alisbury, their Rendezvous,
or some other convenient Place not far; and from
thence to be employed as the Lord General think fit,
by his Excellency's Commission; and, if they shall
be contented to stay beyond a Month, that then they
shall be received into the Pay of the Army, if his
Excellency see Cause to employ them; and, if they
should be desirous to return to their own Houses after that Month expired, they shall, upon Signification of that their Desire to his Excellency, be dismissed, and discharged of any further Attendance
upon that Service, with Thanks and good Acceptation of their Readiness in this dangerous Time to
assist in the Public Defence of the Kingdom: And
it is further Ordered, That there shall be a sufficient Warrant for the said Sir Thomas Marten
and Thomas Symons, for levying, raising, and commanding, all such Dragooners as is beforementioned; and that, for their Proceeding therein, as well
the said Sir Thomas Martin and Thomas Symons, as
all other Officers and Soldiers to be raised by them,
or either of them, shall be protected by the Authority and Power of Parliament; and all the other
Deputy Lieutenants and Officers, and all His Majesty's loving Subjects, are commanded to be aiding and assisting to them, and such other as shall be
employed by them, for more speedy and effectual
Execution of this Service."
For Indemnity of some Persons proclaimed Traitors in the County of Cambridge.
"Whereas His Majesty hath set forth, and commanded to be published in the County of Devon, divers
Printed Papers, in the Form of Proclamations, whereby Sir George Chudley, Sir John Northcott, Baronets, Sir
Samuell Roll, Sir Nicholas Martin, Knights, Persons
well-affected to the Public, are without any Process
of Law or Judgement proclaimed Traitors, who
have carefully performed their Duties, in assisting the
Parliament, and opposing those wicked Counsellors
and Cavaliers about the King, which endeavour the
Destruction of our Religion, and Desolation of this
Land: The Lords and Commons in Parliament do
Declare, That the said Printed Papers, in the Form
of Proclamations, and the Publishing thereof, are
against the Laws of this Kingdom; and that such
Persons, as have been, or hereafter shall be, proclaimed Traitors by the said Printed Papers, or any others
of the like Nature, shall be defended and protected,
by the Power and Authority of Parliament, from any
Damage or Prejudice to their Persons or Estates, by
Reason or Colour of any such Printed Papers or Proclamation heretofore published, or which shall be
hereafter published, or contrived against them: And
the said Lords and Commons do hereby strictly forbid the Publishing of any such Printed Papers or Proclamations; and do authorize and require all Officers
and others His Majesty's good Subjects to apprehend, and bring in safe Custody to the Parliament,
and to seize the Goods and Profits of the Lands, to
be accountable for the same to both Houses of Parliament, all such Persons as have already published,
or which hereafter shall publish, any such Printed
Papers or Proclamations, to the End they may receive due Punishment for their Offences.
"It is [ (fn. *) further Ordered], by the Lords and Commons, That this Declaration be forthwith printed,
and published in all Parish Churches and Chapels in
the County of Devon, by the Vicars and Curates
"Instructions for the Lords Lieutenants, Deputy
Lieutenants, and other Officers and Commanders, in the Counties of Norff. Suff. Essex,
Cambridge, Isle of Ely, Hartford, and County
of the City of Norwich.
Instructions for Norfolk, Suffolk, Essex, &c.
"1. That the Lords Lieutenants of the several Counties of Norff. Suff. Essex, Cambridge, Isle of Eley,
Hartford, and the County and City of Norwich, or
the Deputy Lieutenants of the said Counties respectively, or any Two or more of them, with all convenient Speed, do summon the several Gentlemen,
Freeholders, and other Inhabitants, of the said several Counties, as well within Liberties and Corporations as without, that do or are able to bear or
find Arms, to such Places in the said several Counties as they hold most fitting; and, at such Meetings,
to take a View what Arms and Force can be raised
in the said Counties respectively, and examine the
Defects of Arms and Ammunition, and to consider
of some sitting Course how to have the Want of
Arms and other Defects to be supplied; and, at such
Meeting, or at any other fit Time or Times, the
said Deputy Lieutenants, or any Two of them, with
the Assistance of the Committee for the Propositions
and Subscriptions in the several Counties, or any
Two of them, shall and may propound to all the
Inhabitants of the said Counties, Cities, and Corporations, that are able to bear or find Arms, or to
contribute towards the same, what present and imminent Danger and Necessity the whole Kingdom
is now reduced unto, by the wicked Advice and Attempts and Conspiracies of Papists, and other Persons
now about His Majesty; and to propound to them,
to join in an Association and mutual Defence one of
another, according to the Form of an Association
hereunto annexed; and to require them to set down
in Writing, and subscribe, what Arms for Horse and
Foot, what Horse, either Dragooners or others, they
will have in Readiness, upon every just Occasion, for
the Defence of the said Counties.
2. Secondly, The better to prevent the Plundering
and Spoiling of the said Counties, and to have Means
for the Furnishing of Arms and Ammunition, Making
of Fortifications, and Payment of Officers, and other
Public necessary Charges, that there be forthwith
raised, in the said several Counties respectively, the
Fourth Part of such like several Sums, as were assessed upon the said Counties, by virtue of the Act
lately made in this present Parliament, for the raising
of Four Hundred Thousand Pounds; the same
Fourth Part to be raised by Way of Tax and Rate
upon the said several Counties respectively.
3. And for the better Levying of the said Fourth
Part of the said Sum of Four Hundred Thousand
Pounds, or of any other Sum to be assessed and set
upon the said Counties for the Defence and Preservation of the same, by Consent of both Houses of
Parliament, That the Lords Lieutenants and Deputy
Lieutenants of the said Counties respectively, or any
Two or more of them, shall and may assess and
tax, or cause to be assessed and taxed, the said Sum
and Sums, upon the several Cities, Corporations,
Hundreds, Towns, and Hamlets, in the said several
Counties, after the most industrious and usual Proportion of other Rates in the said Counties; and
that they, or any Two or more of them, nominate
and appoint Treasurers, Collectors, and Assessors,
in every County abovesaid, for the assessing, receiving, and collecting, such Sum or Sums of Money
as abovesaid; and that the said Lords Lieutenants,
Deputy Lieutenants, or any Two or more of them,
shall and may grant Warrants, under their Hands
and Seals, in Writing, to any Constables or other
Officers whatsoever, to raise and levy the said Sum
and Sums, so to be assessed and taxed as abovesaid,
upon all such Persons, upon whom any Sum shall
be so assessed and set as abovesaid, that do refuse or
neglect to pay the same, by Way of Distress and
Sale of the Goods of the Person so refusing or neglecting to pay the same; and, in Case no Distress is
or may be found, then the said Lords Lieutenants,
Deputy Lieutenants, or any Two or more of them,
shall and may commit such Person and Persons, so
refusing and neglecting to pay as abovesaid, to some
common Gaol, there to remain without Bail or Mainprize, until Payment made of such Sum and Sums as
"4. That all Sheriffs, Justices of Peace, Mayors,
Bailiffs, and Constables, and all other His Majesty's
Officers, as well within Liberties as without, be,
from Time to Time, aiding and assisting unto the
said Lords Lieutenants, and Deputy Lieutenants, in
Execution of the Power to them given by both Houses
of Parliament, and of these Instructions.
"5. That the Lords Lieutenants, Deputy Lieutenants of the said several Counties, or any Two or
more of them, do put in Execution, in the said Counties, all former Instructions to them granted by both
Houses of Parliament, for the executing of the Militia, disarming of Popish Recusants, and other illaffected Persons, and for the preserving the Peace of
the said Counties.
"6. That no Treasurer and Receiver of any Money
shall issue out any Money, but under the Hands of
the Lords Lieutenants, or Two or more Deputy
Lieutenants, in every County respectively; and that
the several Lords Lieutenants and Deputy Lieutenants do not sign or grant any Warrants, for the issuing or re-paying any Sum or Sums, but for the
Furnishing of Arms and Ammunition, Making of
Fortifications, Payment of Officers and Soldiers, and
other necessary Public Charges tending to the Safety
and Preservation of the said Counties, and not otherwise.
"7. That the Lords Lieutenants, Deputy Lieutenants of every the said Counties respectively, or
any Two or more of them, shall and may, from
Time to Time, raise such and so many of the
Trained Bands, and other Persons inhabiting in the
said Counties, as they shall judge necessary and fitting, to enter into the Houses of all Papists, and
other Persons that are voted to be Delinquents by
both or either Houses of Parliament; or that have
put in Execution the Commission of Array, or that
have been present with, or aiding and assisting to,
His Majesty, in this unnatural War against the Parliament; or that, being of Ability, have not contributed upon the Propositions for raising of Horse,
Money, or Plate, for the Defence of the King and
Parliament; or that have refused to send Horse and
Arms for the Musters, when by the Deputy Lieutenants appointed by Power of Parliament have been
required so to do; or such Clergymen or others that
have publicly preached or declared themselves to
oppose, disgrace, or revile, the Proceedings of both
or either Houses of Parliament; and to seize upon
the Arms, Ammunition, and Horses fit for Service
in the War, that belong to such Person and Persons; the same Horses, Arms, and Ammunition,
to be employed and disposed of, by the Direction of
One or more of the Deputy Lieutenants of the said
Counties, for the Public Service and Defence of the
several Counties, and in the mean Time to be kept in
some safe Place.
"8. That, in every County, the Lords Lieutenants,
Deputy Lieutenants, or any Two or more of them,
do cause the several Companies of the Trained Bands
and Voluntiers to be put into Regiments; and to
nominate, appoint, and place Colonels, Lieutenant
Colonels, Serjeant Majors, Captains, Lieutenants,
and other Officers, in every Regiment and Company
where any such are wanting, or when such as are or
have been nominated have refused to execute their
"9. That the Lords Lieutenants, Deputy Lieutenants, or any Two of them, in each County respectively, do nominate and appoint One experienced
Soldier in every Regiment to be an Adjutor, to be
resident in the said Counties, to exercise the several
Companies of the said Regiment, and to be aiding
and assisting to the Colonel from Time to Time, and
to do and perform all such Commands, as he shall receive from the Lords Lieutenants, Deputy Lieutenants, or the said Colonel; and also to have in
every Regiment One experienced Soldier, to be a
Serjeant, to exercise and teach the several Companies, and to execute the Commands of the Lords
Lieutenants, Deputy Lieutenants, or the Colonel,
Lieutenant Colonel, or Serjeant Major of the said Regiment, and the said Serjeant to have the Pay of a
Serjeant to a Company; and also that, in each Troop
of Horse, there be an experienced Soldier appointed to
be a Corporal.
"10. That the Dragooners be put into Companies, and that One Hundred and Twelve be allotted to a Company; and that each Company of
Dragooners have an experienced Soldier to be a
Corporal, and he to have the present Pay of a Corporal.
"11. That the Lords Lieutenants, Deputy Lieutenants in each County respectively, or any Two or
more of them, shall and may have Command and
Directions, from Time to Time, to secure and fortify
all Bridges, Causeys, and Passages, and, in Time
of Approach of an Enemy, or Fear of any Invasion
by an Enemy, to pull down or stop those Bridges,
Causeys, Passages, and to cut the Banks, in the
said Counties respectively; and to have Power to
fortify and secure any Town, Hundred, or Hamlet,
where the said Town, Hundred, or Hamlet, are
willing to do the same at their own proper Charges;
and also to have Power, at all Times, to seize and
stop all Barges, Boats, or other Vessels, passing by
Water, for the Safety of the said County.
"12. That the said Lords Lieutenants, Deputy
Lieutenants, or any Two of them, shall and may
imprison, or commit to safe Custody, all and every
such Persons as, being able, and have had due Summons, do notwithstanding refuse, or wilfully neglect,
to appear at Muster, or to send some able Persons, to
be allowed of by the Captain, or Chief Officer of the
Company, in his Behalf."
Their Form of Allociation.
"Whereas the Lords and Commons now assembled
in Parliament have taken into their Considerations,
That, in Times so full of Division and Danger as
these are, an Union of our Hearts and Forces is most
conducing to the Public Good and Safety of the
whole Kingdom; and have therefore Ordained, That
the Inhabitants of the Counties of Essex, Suff. Norff.
Cambridgshire, and Hertfordshire, together with the
Isle of Ely, and County of the City of Norwich,
should enter into an Association with one another, for
the Maintenance and Preservation of the Peace of
the said Counties: Therefore, in Pursuance of the
said Order, and the better to confirm a mutual Confidence in one another, we whose Names are hereunto
subscribed do hereby promise, testify, and declare,
to maintain and defend, with our Lives, Powers, and
Estates, the Peace of the said Counties; and to aid
and assist one another, under the Command and Conduct (fn. *) of such Person as now hath, or hereafter
shall have, by the Authority of both Houses of Parliament, the Command in Chief of all the Forces of
the said Counties, according to the true Intent and
Meaning of the said Order of Association, whereunto
we do most willingly give our Assents, and, neither
for Hope, Fear, or other Respect, shall ever relin
quish this Promise."
Westminster Petition to both Houses.
"To the Right Honourable the Lords and
Commons now assembled in Parliament.
"The humble Petition of the Inhabitants of the
Cities, and Liberties of Westm. and the Dutchy
"That your Petitioners, being sensible of the miserable Effects of War, and the Ruin and Desolation
that will unavoidably overwhelm this miserable Kingdom, now distracted and much divided, and engaged in an unavoidable intestine and bloody War;
and in their own Particulars having already tasted of
some Part of those Miseries, by the Death of some of
their nearest and dearest Friends, and great Losses in
their Callings; and also taking into Consideration the
lamentable and miserable Effects, that the late unhappy Civil Wars have produced in Germany, and by the
present Rebellion in Ireland; and that, if this War
and Dissention still continue in England, the same
will not only greatly prejudice, but also hazard the
Religion, Estates, Lives, and Liberties, of their poor
distressed Brethren in that Kingdom; they cannot but
seek Peace (the only Cure of their Miseries), both
by their Prayers to God, and in their humble Petition to this Honourable Assembly; (fn. *) whose Desires
and Endeavours for Peace, heretofore expressed, they
do acknowledge with all humble Thankfulness.
"Wherefore the Petitioners most humbly and heartily beseech you, take into your most Honourable
Consideration the miserable Estate of this Kingdom,
in which your Petitioners Calamities are involved;
and thereby (if it be possible) to prevent the further
Miseries thereof, and the Effusion of more Christian
Blood, by a speedy, seasonable, and happy Accommodation between His Gracious Majesty and both
Houses of Parliament; wherein they doubt not but
you will, to the Glory of God, settle the true Protestant Religion against all Papists, Sectaries, and
Schismatics, that shall go about to oppose it; to
restrain all Prophaneness of the Lord's-day, and establish the orderly Worship of God in His House; and
to provide for the Preservation of the Person and
Honour of His Sacred Majesty, the Upholding the
just Rights and Privileges of Parliament, and the
present and seasonable Settling of the Peace of the
Kingdom, whereby they may enjoy the Benefit of
their Laws (the greater Protector), of their Lives,
Liberties, and Properties.
"And they shall pray that the God of Peace will
bless you in this Work of Peace."
The Lords Protestation:
Protest against One of the Articles of the Propositions to the King— that those Delinquents, named by the Committee, who are impeached, shall be brought to Trial; but the others not.
"Whereas, upon the 19th of December, a Question
was put in this House, in these Words; videlicet, "That such as are of Opinion that a Committee
be appointed to nominate some of the Delinquents,
that are impeached by the House of Commons, to be
represented to the King, to be left to the Trial of
Parliament, and for the leaving out of others that are
impeached, at this Time, say, Content; such as are
of another Opinion, say, Not Content;" which
Question did pass in the Affirmative:
"And whereas the Committee did accordingly nominate some Persons that were impeached, leaving
out others which were likewise impeached; whereupon a Question was this Day put, in these Words
following; videlicet, "Such as are of Opinion to agree
with the Opinion of the Committee, That, at this
Time, such as the Committee have named, which are
impeached by the House of Commons, shall be left
to Trial of Parliament, omitting the rest of those which
are impeached, say, Content; such as are of another Opinion, say, Not Content;" which Question
likewise passed in the Affirmative:
"Now we, whose Names are subscribed, do conceive
that the demanding by this House of some to be left
to Justice, leaving out of others who are under the
like Impeachment of High Treason, and have been
by Force of Arms protected from being brought to a
Trial in the Highest Court of Judicature, is an Example of very ill Consequence; both because, as we
conceive, it is not proper for this House to move the
House of Commons in the stopping of their Proceedings upon Impeachments, and in that it doth not
only give Encouragements to a King to attempt the
like Stoppage of Justice by Force, and from this Precedent to stand upon the protecting of Persons impeached, but to Subjects also, who may be induced
to undertake any Thing, in Hopes of Impunity, even
from the Desires of this House, which hath not demanded any One of those to be left to Trial, who,
since His Majesty's going to Yorke, have been impeached of Treason, for actual levying War against
the King and Kingdom.
"Upon these, amongst other Reasons, we, having
demanded our Right of Protestation, do now accordingly enter it, to clear ourselves from any Inconveniences that may follow from these Votes;
which are, in our Opinion, very prejudicial to the
Privileges of Parliament, and the Liberty of the Subject:
"L. Viscount Say & Seale.
"Ds. Willoughby of Parham.
"Ds. Grey of Warke."
House adjourned till 10a cras.