Historical Collections of Private Passages of State: Volume 4, 1640-42. Originally published by D Browne, London, 1721.
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The Nineteen Propositions.
- 'That the Lords, and others of your Majesty's Privy-Council, and such great Officers and Ministers of State, either at home or beyond the Seas, may be put from your Privy-Council, and from those Offices and Employments, excepting such as shall be approved of by both Houses of Parliament; and that the Persons put into the Places and Employments of those that are removed, may be approved of by both Houses of Parliament; and that the Privy-Counsellors shall take an Oath for the due Execution of their Places, in such Form as shall be agreed upon by both Houses of Parliament.
- 2. That the great Affairs of the Kingdom may not be concluded or transacted by the Advice of private Men, or by any unknown or unsworn Counsellors, but that such Matters as concern the Publick, and are proper for the High Court of Parliament, which is your Majesty's great and supreme Council, may be debated, resolved and transacted only in Parliament, and not elsewhere; and such as shall presume to do any thing to the contrary, shall be reserved to the Censure and Judgment of Parliament: And such other Matters of State as are proper for your Majesty's Privy-Council, shall be debated and concluded by such of the Nobility and others, as shall from time to time be chosen for that Place, by Approbation of both Houses of Parliament: And that no publick Act concerning the Affairs of the Kingdom, which are proper for your Privy-Council, may be esteemed of any Validity, as proceeding from the Royal Authority, unless it be done by the Advice and Consent of the major Part of your Council, attested under their Hands; And that your Council may be limited to a certain Number, not exceeding Five and twenty, nor under Fifteen. And if any Counsellor's Place happen to be void in the Interval of Parliament, it shall not be supplied without the Assent of the major Part of the Council; which Choice shall be confirmed at the next sitting of Parliament, or else to be void.
- 3. That the Lord High Steward of England, Lord High Constable, Lord Chancellor, or Lord Keeper of the Great Seal, Lord Treasurer, Lord Privy Seal, Earl Marshal, Lord Admiral, Warden of the Cinque-Ports, Chief Governour of Ireland, Chancellor of the Exchequer, Master of the Wards, Secretaries of State, two Chief Justices and Chief Baron, may always be chosen with the Approbation of both Houses of Parliament; and in the Intervals of Parliament, by Assent of the major Part of the Council, in such manner as is before express'd in the Choice of Counsellors.
- 4. That he or they unto whom the Government and Education of the King's Children shall be committed, shall be approved of by both Houses of Parliament; and in the Intervals of Parliament, by the Assent of the major Part of the Council, in such manner as is before express'd in the Choice of Counsellors; and that all such Servants as are now about them, against whom both Houses shall have any just Exceptions, shall be removed.
- 5. That no Marriage shall be concluded, or treated for any of the King's Children, with any Foreign Prince, or other Person whatsoever, abroad or at home, without the Consent of Parliament, under the Penalty of a Pramunire, upon such as shall conclude, or treat of any Marriage as aforesaid; and that the said Penalty shall not be pardoned or dispensed with, but by the Consent of both Houses of Parliament.
- 6. That the Laws in force against Jesuits, Priests and Popish Recusants, be strictly put in Execution, without any Toleration or Dispensation to the contrary; and that some more effectual Course may be enacted, by Authority of Parliament, to disable them from making any Disturbance in the State, or eluding the Law by Trusts, or otherwise.
- 7. That the Votes of Popish Lords in the House of Peers may be taken away so long as they continue Papists; and that your Majesty will consent to such a Bill as shall be drawn for the Education of the Children of Papists by Protestants in the Protestant Religion.
- 8. That your Majesty will be pleased to consent, that such a Reformation be made of the Church-Government and Liturgy, as both Houses of Parliament shall advise; wherein they intend to have Consultations with Divines, as is expressed in their Declaration to that purpose; and that your Majesty will contribute your best Assistance to them, for the raising of a sufficient Maintenance for Preaching-Ministers thorow the Kingdom; and that your Majesty will be pleased to give your Consent to Laws for the taking away of Innovations and Superstition, and Pluralities, and against scandalous Ministers.
- 9. That your Majesty will be pleased to rest satisfied with that Course that the Lords and Commons have appointed for ordering of the Militia, until the same shall be farther settled by a Bill; and that your Majesty will recal your Declarations and Proclamations against the Ordinance made by the Lords and Commons concerning it.
- 10. That such Members of either House of Parliament, as have, during the present Parliament, been put out of any Place and Office, may either be restored to that Place and Office, or otherwise have Satisfaction for the same, upon the Petition of that House whereof he or they are Members.
- 11. That all Privy-Counsellors and Judges may take an Oath, the Form whereof to be agreed on, and settled by Act of Parliament, for the maintaining of the Petition of Right, and of certain Statutes made by the Parliament, which shall be mentioned by both Houses of Parliament; and that an enquiry of all the Breaches and Violations of those Laws may be given in Charge by the Justices of the King's-Bench every Term, and by the Judges of Assize in their Circuits, and Justices of the Peace at the Sessions, to be presented and punished according to Law.
- 12. That all the Judges, and all the Officers placed by Approbation of both Houses of Parliament, may hold their Places quamdiu bene se gesserint.
- 13. That the Justice of Parliament may pass upon all Delinquents, whether they be within the Kingdom, or sled out of it and that all Persons cited by either House of Parliament, may appear and abide the Censure of Parliament.
- 14. That the General Pardon offered by your Majesty may be granted, with such Exceptions as shall be advised by both Houses of Parliament.
- 15. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such Persons as your Majesty shall appoint, with the Approbation of your Parliament; and in the Intervals of Parliament, with Approbation of the major part of the Council, in such manner as is before express'd in the Choice of Counsellors.
- 16. That the extraordinary Guards, and Military Forces now attending your Majesty, may be removed and discharged; and that for the future you will raise no such Guards or extraordinary Forces, but according to the Law, in case of actual Rebellion or Invasion.
- 17. That your Majesty will be pleased to enter into a more strict Alliance with the States of the United Provinces, and other Neighbour-Princes and States of the Protestant Religion, for the Defence and Maintenance thereof, against all Designs and Attempts of the Pope and his Adherents to subvert and suppress it; whereby your Majesty will obtain a great Access of Strength and Reputation, and your Subjects be much encouraged and enabled, in a Parliamentary Way, for your Aid and Assistance, in restoring your Royal Sifter and her Princely Issue to those Dignities and Dominions which belong unto them, and relieving the other Protestant Princes who have suffered in the same Cause.
- 18. That your Majesty will be pleased, by Act of Parliament, to clear the Lord Kimbolton, and the five Members of the House of Commons, in such manner, that future Parliaments may be secured from the Consequence of that evil Precedent.
- 19. That your Majesty will be graciously pleased to pass a Bill for restraining Peers made hereafter, from sitting or voting in Parliament, unless they be admitted thereunto with the Consent of both Houses of Parliament.
And these our humble Desires being granted by your Majesty, we shall forthwith apply our selves to regulate your present Revenue, in such sort as may be for your best Advantage; and likewise to settle such an ordinary and constant Increase of it, as shall be sufficient to support your Royal Dignity in Honour and Plenty, beyond the Proportion of any former Grants of the Subjects of this Kingdom to your Majesty's Royal Predecessors. We shall likewise put the Town of Hull into such Hands as your Majesty shall appoint, with the Consent and Approbation of Parliament, and deliver up a just Accompt of all the Magazine; and chearfully employ the uttermost of our Power and Endeavours in the real Expression and Performance of our most dutiful and loyal Affections, to the preserving and maintaining the Royal Honour, Greatness and Safety of your Majesty and your Posterity.
H. Elsing, Cler. Parl. Dom. Com.
His Majesty's Answer to the Nineteen Propositions of both Houses of Parliament, tending towards a Peace.
'Before we shall give you our Answer to your Petition and Propositions, we shall tell you, That we are now clearly satisfied, why the Method which we traced out to you by our Message of the 20th of January, and have since so often pressed upon you, as the proper Way to compose the Distractions of this Kingdom, and render it truly happy, hath been hitherto declined, and is at length not thought fit to be looked upon. We now see plainly (and desire that you, and all other our good Subjects should do so too) that the Cabalists of this Business have with great Prudence reserved themselves, until due Preparations should be made for their Design.
'If they had unseasonably vented such Propositions, as the Wisdom and Modesty of your Predecessors never thought fit to offer to any of our Progenitors; nor we in Honour, or regard to our Regal Authority, (which God hath intrusted us with for the Good of our People) could receive without just Indignation (and such many of your present Propositions are) their Hopes would soon have been blasted, and those Persons to whom Offices, Honours, Power and Commands were designed, by such ill-timing of their Business, would have failed of their Expectation, not without a Brand upon the Attempt. Therefore, before any thing of this Nature should appear, they have (certainly with great Wisdom in the Conduct of it) thought fit to remove a troublesome Rub in their way, the Law; to this End (that they might undermine the very Foundations of it) a new Power hath been assumed to interpret and declare Laws without us by Extemporary Votes, without any Case Judicially before either House, (which is in effect the same thing as to make Laws without us) Orders and Ordinances made only by both Houses, (tending to a pure Arbitrary Power) were pressed upon the People as Laws, and their Obedince required to them.
'Their next step was, To erect an upstart Authority without us, (in whom, and only in whom the Laws of this Realm have placed that Power) to command the Militia, (very considerable to this their Design). In farther Order to it, they have wrested from us our Magazine and Town of Hull, and abetted Sir John Hotham in his bold-faced Treason. They have prepared and directed to the People unprecedented Invectives against our Government, thereby (as much as lay in their Power) to weaken our just Authority and due Esteem among them; they have as injuriously as presumptiously (tho we conceive by this time, Impudence it self is asham'd of it) attempted to cast upon us Aspersions of an unheard of Nature, as if we had favoured a Rebellion in our own Bowels. They have likewise broached new Doctrine, That we are obliged to pass all Laws that shall be offer'd to us by both Houses, (howsoever our own Judgment and Conscience shall be unsatisfied with them) a Point of Policy as proper for their present Business, as destructive to all our Rights of Parliament, and so with strange shamelessness will forget a Clause in Law still in Foree, made in the 2d Year of K. H. 5. wherein both Houses of Parliament do acknowledg, That it is of the King's Regality to grant or deny such of their Petitions as pleaseth himself. They have interpreted our necessary Guard, legally assembled, for the Defence of us and our Childrens Persons, against a Traitor in open Rebellion against us, to be with intent to levy War against our Parliament, (the thought whereof our very Soul abhorreth) thereby to render us odious to our People.
'They have so awed our good Subjects with Pursevants, long chargeable Attendance, heavy Censures and illegal Imprisoments, that few of them durst offer to present their Tenderness of our Sufferings, their own just Grievances, and their sense of those Violations of the Law, (the Birth-right of every Subject in this Kingdom) tho in an humble Petition directed to both Houses; and if any did, it was stifled in the Birth, called Sedition, and burnt by the Common Hangman.
'They have restrained the Attendance of our ordinary and necessary Household Servants, and seized upon those small Sums of Money, which our Credit had provided to buy us Bread, with Injunctions that none should be suffered to be conveyed, or returned to us to York, or any of our Peers or Servants with us; so that (in effect) they have blocked us up in that County.
'They have filled the Ears of the People with the Noise of Fears and Jealousies (tho taken up upon Trust) Tales of Skippers, salt Fleets, and such like, by which Alarms they might prepare them to receive such Impressions as might best advance this Design when it should be ripe. And now it seems they think we are sufficiently prepared for these bitter Pills. We are in a handsome Posture to receive these humble Desires (which probably are intended to make way for a Superfetation of a (yet) higher nature (if we had not made this Discovery to you) for they do not tell us this is all. In them we must observe, that these Contrivers (the better to advance their true Ends) disguised as much as they could their Intents, with a mixture of some things really to be approved by every honest Man, others, specious and popular: and some which are already granted by us, all which are cunningly twisted and mixed with those other things of their main design of Ambition and private Interest; in hope, that at the first view, every Eye may not so clearly discern them in their proper colours.
'We would not be understood, that we intend to fix this Design upon both or either House of Parliament: we utterly profess against it, being most confident of the Loyalty, good Affections and Integrity of the Intentions of that great Body; and knowing well, that very many of both Houses were absent, and many dissented from all those Particulars we complain of: But we do believe, and accordingly profess to all the World, that the Malignity of this Design (as dangerous to the Laws of this Kingdom, the Peace of the same, and the Liberties of all our good Subjects, as to our self, and our just Prerogative) hath proceeded from the subtile Informations, mischievous Practices, and evil Counsels of ambitious turbulent Spirits, disaffected to God's true Religion, and the Unity of the Professors thereof, our Honour and Safety, and the publick Peace and Prosperity of our People, not without a strong Influence upon the very Actions of both Houses. But how faulty soever others are, we shall (with God's Assistance) endeavour to discharge our Duty with Uprightness of Heart; and therefore, since these Propositions come to us in the Name of both Houses of Parliament, We shall take a more particular notice of every of them.
'If the 1, 2, 3, 4, 5, 9, 10, 15, 16, 19, Demands had been writ and printed in a Tongue unknown to us, and our People, it might have been possible we and they might have charitably believed the Propositions to be such as might have been in order to the Ends pretended in the Petition (to wit), the establishing of our Honour and Safety, the Welfare and Security of our Subjects and Dominions, and the removing those Jealousies and Differences, which are said to have unhappily fallen betwixt us and our People, and procuring both us and them a constant course of Honour, Peace and Happiness: but being read and understood by all, we cannot but assure our self, that this Profession, joined to these Propositions, will rather appear a Mockery and a Scorn the Demands being such; as tho we were unworthy of the Trust reposed in us by the Law, and of our Descent from so many great and famous Ancestors, if we could be brought to abandon that Power, which only can enable us to perform what we are sworn to in protecting our People and the Laws, and so assume others into it, as to divest our self of it, altho not only our present Condition (which it can hardly be) were more necessitous than it is, and we were both vanquish'd and a Prisoner, and in a worse condition than ever the most unfortunate of our Predecesors have been reduced to by the most Criminal of their Subjects. And tho the Bait laid to draw us to it, and to keep our Subjects from Indignation at the mention of it, the Promises of a plentiful and unparallel'd Revenue, were reduced from Generals (which signify nothing) to clear and certain Particulars; since such a Bargain would have but too great a Resemblance of that of Esau 's, if we should part with such Flowers of our Crown, as are worth all the rest of the Garland, and have been transmitted to us from so many Ancestors, and have been found so useful and necessary for the Welfare and Security of our Subjects, for any present Necessity, or for any low and fordid Considerations of Wealth add Gain. And therefore all Men knowing, that those Accommodations are most easily made, and most exactly observed, that are grounded upon reasonable and equal Conditions, we have great cause to believe that the Contrivers of these had no intention of settling any firm Accommodation, but to increase those Jealousies and widen that Division, which (not by our fault) is now unhappily fallen between us and both Houses.
'It is asked, That all the Lords and others of our Privy-Council, and such (we know not what you mean by such, but we have cause to think you mean all) great Officers and Ministers of State, either at home or beyond the Seas (for Care is taken to leave out no Person or Place, that our Dishonour may be sure not to be bounded within this Kingdom, tho no subtile Insinuations at such a distance can probably be believed to have been the cause of our Distractions and Danger) should be put from our Privy-Council, and from those Offices and Employments, unless they be approved by both Houses of Parliament, how faithful soever we have found them to us, and the Publick, and how far soever they have been from offending against any Law, the only Rule they had, or any others ought to have to walk by. We therefore to this part of this Demand return you this Aswer, that we are willing to grant, that they shall take a larger Oath than you your selves desire in your 11th Demand, for maintaining, not of any part, but of the whole Law; and we have and do assure you, that we will be careful to make Election of such Persons in those Places of Trust as shall have given good Testimony of their Abilities and Integrities, and against whom there can be no just cause of Exception whereon reasonably to ground a Diffidence; that if we have or shall be mistaken in our Election, we have and do assure you, that there is no Man so near to us in Place or Affection, whom we will not leave to the Justice of the Law, if you shall bring a particular Charge and sufficient Proofs against him; and that we have given you (the best Pledg of the Effects of such a Promise on our part, and the best Security for the performance of their Duty on theirs) a Triennial Parliament, the apprehension of whose Justice will in all probability make them wary how they provoke it, and us wary how we charge such, as by the discovery of their Faults may in any degree seem to discredit our Election, but that without any shadow of a Fault objected, only perhaps because they follow their Conscience, and preserve the established Laws, and agree not in such Votes, or assent not unto such Bills, as some Persons, who have now too great an Influence even upon both Houses, judg, or seem to judg to be for the publick Good, and as are agreeable to that new Utopia of Religion and Government into which they endeavour to transform this Kingdom: For we remember what Names, and for what Reasons, you left out in the Bill offered us concerning the Militia, which you had your selves recommended in the Ordinance: we will never consent to the displacing of any, whom for their former Merits from, and Affection to us and the Publick, we have intrusted, since we conceive that to do so would take away both from the Affection of our Servants, the Care of our Service, and the Honour of our Justice; and we the more wonder it should be ask'd by you of us, since it appears by the 12th Demand, That your selves count it reasonable, after the present Turn is served, that the Judges and Officers who are then placed, may hold their Places quamdiu sebene gesserint; and we are resolved to be as careful of those we have chosen, as you are of those you would chuse, and to remove none till they appear to us to have otherwise behaved themselves, or shall be evicted by legal Proceedings to have done so.
'But this Demand, as unreasonable as it is, is but one Link of a great Chain, and but the first Round of that Ladder, by which our Just, Antient, Regal Power is endeavour'd to be fetch'd down to the ground. For it appears plainly, that it is not with the Persons now chosen, but with our chusing that you are despleased; for you demand, that the Persons put into the Places and Employments of those who shall be removed, may be approved by both Houses; which is so far (as to some at first sight it may appear) from being less than the Power of Nomination, that of two things (of which we will never grant either) we would sooner be content that you should nominate and we approve, than you approve and we nominate; the mere nomination being so far from being any thing, that if we could do no more, we would never take the Pains to do that, when we should only hazard those whom we esteemed, to the scorn of a Refusal, if they happened not to be agreeable, not only to the Judgment, but to the Passion, Interest or Humour of the present major part of either House.
'Not to speak now of the great Factions, Animosities, and Divisions which this Power would introduce in both Houses, between both Houses, and in the several Conntries, for the choice of Persons to be sent to that Place where that Power was, and between those Persons that were so chosen. Neither is this strange Potion prescribed to Us only for once, for the cure of a present pressing desperate Disease; but for a Diet to us and our Posterity, it is demanded, that our Counsellors, all chief Officers, both of Law and State, Commanders of Forts and Castles, and all Peers hereafter made (as to voting without which, how little is the rest?) be approved of (that is, chosen) by them from time to time; and rather than it should ever be left to the Crown, (to whom it doth and shall belong) if any Place fall void in the Intermission; of Parliament, the major part of the approved Council is to approve them: Neither is it only demanded, That we should quit the Power and Right our Predecessors have had of appointing Persons in these Places, but for Counsellors we are to be restrained, as well in the Number as in the Persons, and a Power must be annexed to these Places, which their Predecessors had not: and indeed, if this Power were past to them, it were not fit we should be trusted to chuse those who were to be trusted as much as we.
'It is demanded, That such Matters as concern the Publick, and are proper for the High Court of Parliament (which is our Great and Supreme Council) may be debated, resolved, and transacted only in Parliament and not elsewhere, and such as presume to do any thing to the contrary, shall be reserved to the Censure and Judgment of the Parliament; and such other Matters of State, as are proper for our Privy-Council, shall be debated and concluded by such of our Nobility (tho indeed if being made by us they may not vote without the consent of both Houses, We are rather to call them your Nobility) and others, as shall be from time to time chosen for that Place, by approbation of both Houses of Parliament; and that no publick Act concerning the Affairs of the Kingdom, which are proper for our Privy-Council, may be esteemed of any validity, as proceeding from the Royal Authority, unless it be done by the Advice and Consent of the major part of our Council, attested under their hands: which Demands are of that nature, that to grant them were in effect at once to depose both our self and our Posterity.
'These being past, we may be waited on bare-headed, we may have our Hand kiss'd, the Stile of Majesty continued to us, and the King's Authority declared by both Houses of Parliament may be still the Stile of your Commands; we may have Swords and Maces carried before us, and please our self with the sight of a Crown and Scepter (and yet even these Twigs would not long flourish, when the Stock upon which they grew were dead) but as to true and real Power, we should remain but the Out-side, but the Picture, but the Sign of a King. We were ever willing that our Parliament should debate, resolve and transact such Matters as are proper for them, as far as they are proper for them; and we heartily wish, that they would be as careful not to extend their Debates and Resolutions beyond what is proper to them, that multitudes of things punishable, and Causes determinable by the ordinary Judicatures, may not be entertained in Parliament, and so cause a long, chargeable and fruitless Attendance of our People, and (by degrees) draw to you as well all the Causes, as all the Faults of Westminster-Hall, and divert your proper business; that the Course of Law be no ways diverted, much less disturbed, as was actually done by the stop of the Proceedings against a Riot in Southwark, by Order of the House of Commons, in a time so riotous and tumultuous, as much increased the danger of popular Insolences by such a Countenance to Riots, and Discountenance of Law: That you descend not to the leisure of recommending Lecturers to Churches, nor ascend to the Legislative Power, by commanding (the Law not having yet commanded it) that they whom you recommend be received, altho neither the Parson nor Bishop do approve of them; and that the Refusers (according to the course so much formerly complained of to have been used at the Council Table) be not sent for to attend to shew Cause, at least, that you would consider Conveniency, if not Law, and recommend none but who are well known to you to be Orthodox, Learned and Moderate, or at least such as have taken Orders, and are not notorious Depravers of the Book of Common Prayer; a Care which appeareth by the Discourses, Sermons and Persons of some recommended by you, not to have been hitherto taken: and it highly concerns both you in Duty, and the Common-Wealth in the Consequences, that it should have been taken; That neither one Estate transact what is proper for two, nor two what is proper for three; and consequently, that (contrary to our declared Will) our Forts may not be seized, our Arms may not be removed, our Monies may not be stopt, our Legal Directions may not be countermanded by you, nor we desired to countermand them our self; nor such Entrances made upon a real War against us, upon pretence of an imaginary War against you, and a Chimera of Necessity. So far do you pass beyond your Limits, whilst you seem by your Demand to be strangely straitned within them; at least we could have wished you would have expressed what Matters you meant as fit to be transacted only in Parliament, and what you meant by only in Parliament.
'You have of late been persuaded, by the new Doctrine of some few, to think that proper for your Debates, which hath not used to be at all debated within those Walls, but been trusted wholly with our Predecessors and us; and to transact those things, which without the Regal Authority, since there were Kings of this Kingdom, were never transacted: It therefore concerns us the more, that you speak out, and that both we and our People may either know the bottom of your Demands, or know them to be bottomless. What concerns more the Publick, and is more (indeed) proper for the High Court of Parliament, than the making of Laws, which not only ought there to be transacted, but can be transacted no where else? But then you must admit us to be a part of the Parliament, you must not (as the sense is of this part of the Demand, if it have any) deny the freedom of our Answer, when we have as much right to reject what we think unreasonable, as you have to propose what you think convenient or necessary: Nor is it possible our Answers, either to Bills, or any other Propositions, should be wholly free, if we may not use the liberty of every one of you, and of every Subject, and receive Advice (without their Danger who shall give it) from any Person, known or unknown, sworn or unsworn, in these Matters, in which the manage of our Vote is trusted by the Law to our own Judgment and Conscience; which how best to inform, is (and ever shall be) left likewise to us: and most unreasonable it were, that two Estates proposing something to the Third, that Third should be bound to take no Advice, whether it were fit to pass, but from those two that did propose it. We shall ever in these things, which are trusted wholly to us by the Law, not decline to hearken to the Advice of our Great Council, and shall chuse to hear willingly the free Debates or our Privy Council, (whensoever we may be suffer'd to have them for sending for, and they shall not be terrified from that freedom by Votes, and Brands of Malignants, and Enemies to the State, for advising what no Law forbids to advise) but we will retain our Power, of admitting no more to any Council than the Nature of the Business requires, and of discoursing with whom we please, of what we please, and informing our Understanding by Debate with any Persons, who may be well able to inform and advise us in some Particulars, though their Qualities, Education, or other Abilities, may not make them so fit to be of our sworn Council; and not tie our self up not to hear any more than twenty five (and these not chosen absolutely by us) out of a Kingdom so replenished with judicious and experienced Persons of several kinds. And tho we shall (with the proportionable consideration due to them) always weigh the Advices both of our Great and Privy Council, yet we shall also look upon their Advices as Advices, not as Commands or Impositions; upon them as our Counsellors, not as our Tutors and Guardians, and upon our self as their King, not as their Pupil or Ward: for whatsoever of Regality were, by the modesty of Interpretation left us, in the first part of the second Demand, as to the Parliament, is taken from us in the second part of the same, and placed in this new-sangled kind of Counsellors, whose Power is such, and so expressed by it, that in all publick Acts concerning the Affairs of this Kingdom, which are proper for our Privy Council, (for whose Advice all publick Acts are sometimes proper, tho never necessary) they are desired to be admitted joint Patentees with us in the Regality; and it is not plainly expressed, whether they mean us so much as a single Vote in these Affairs; but it is plain they mean us no more, at most, than a single Vote in them, and no more Power than every one of the rest of our Privy Counsellors; only leave to us, out of their Respect and Duty, (and that only is left of all our antient Power) a Choice, Whether these that are thus to be joined with (or rather set over) us, shall be 15 or 25: And great care is taken that the Oath which these Men shall take, shall be such, in the framing the Form of which, (tho sure we are not wholly unconcern'd in it) we may be wholly excluded, and that wholly reserved to be agreed upon by both Houses of Parliament.
'And to shew that no more care is taken of our Safety, than of our Power, after so great Indignities offered to us, and countenanced by those who were most obliged to resent them: After our Town and Fort kept from us, (from which, if it were no otherwise ours, than the whole Kingdom is, we can no more legally be kept out, than out of our whole Kingdom, which sure your selves will not deny to be Treason) our Arms, our Goods sent away, and our Money stopp'd from us, our Guards (in which we have no other Intention, than to hinder the End of these things from being proportionable to their Beginnings) are not only desired to be dismissed before Satisfaction for the Injury, Punishment of the Injurers, and Care taken for our future Security from the like. But it is likewise desired, (and for this Law is pretended, and might as well have been for the rest, which yet with some ingenuity are it seems acknowledged to be but desires of Grace) that we shall not for the future raise any Guards, or extraordinary Forces, but in case of actual Rebellion or Invasion; which if it had been Law, and so observed in the Time of our Predecessors, few of those Victories, which have made these Nations famous in other Parts, could have been legally atchieved: Nor could our blessed Predecessor, Queen Elizabeth, have so defended her self in Eighty eight. And if no Forces must be levied till Rebellions and Invasions (which will not stay for the calling of Parliaments, and their Consent for raising Forces) be actual, they must undoubtedly (at least most probably) be effectual and prevalent.
'And as neither Care is taken for our Rights, Honour, nor Safety as a Prince; so our Rights, as a private Person, are endeavoured to be had from us; it being asked, that it may be Unlawful and Punishable, not only to conclude, but even to treat of any Marriage with any Person for our own Children, or to place Governors about them without Consent of Parliament; and in the intermission of these, without the Consent of our good Lords of the Council; that we may not only be in a more despicable State than any of our Predecessors, but in a meaner and viler Condition than the lowest of our Subjects, who value no Liberty they have more, than that of the free Education and Marriage of their Children, from which we are asked to debar our self; and have the more Reason to take it ill that we are so, because for our Choice of a Governour for our Son, and of a Husband for our Daughter, (in which the Protestant Religion was our principal Consideration) we conceived we had reason to expect your present Thanks, and the increase of your future Trusts.
'We suppose these Demands by this time, to appear such as the Demanders cannot be supposed to have any such real Fear of us as hath been long pretended: they are too much in the Stile, not only of Equals, but of Conquerors: and as little to be intended for removing of Jealousies, (for which End they are said to be asked; and that is not as Merchants ask at first, much more than they will take, but at most necessary to effect it, which (if they be) God help this poor Kingdom, and those who are in the Hands of such Persons, whose Jealousies nothing else will remove) which indeed is such a way, as if there being Differences and Suits between two Persons, whereof one would have from the other several parcels of his Antient Land, he should propose to him, by way of Accommodation, that he would quit to him all those in question, with the rest of his Estate, as the most necessary and effectual Means to remove all those Suits and Differences: But we call God to witness, that as for our Subjects sake these Rights are vested in us; so for their sakes, as well as for our own, we are resolved not to quit them, nor to subvert (tho in a parliamentary way) the antient, equal, happy, well-poised, and never enough commended Constitution of the Government of this Kingdom; nor to make our self, of a King of England, a Duke of Venice; and this of a Kingdom, a Republick.
'There being three kinds of Government among Men, Absolute Monarchy, Aristocracy, and Democracy; and all these having their particular Conveniences and Inconveniences; the Experience and Wisdom of your Ancestors, hath so moulded this out of a Mixture of these, as to give to this Kingdom (as far as humane Prudence can provide) the Conveniences of all three, without the Inconveniences of any one, as long as the Ballance hangs even between the three Estates, and they run jointly on in their proper Channel, (begetting Verdure and Fertility in the Meadows on both sides) and the overflowing of either on either side, raise no Deluge or Inundation. The Ill of Absolute Monarchy, is Tyranny; the Ill of Aristocracy, is Faction and Division; the Ills of Democracy, are Tumults, Violence, and Licentiousness. The Good of Monarchy, is the uniting a Nation under one Head, to resist Invasion from Abroad, and Insurrection at Home; the Good of Aristocracy, is the conjunction of Council in the ablest Persons of a State for the publick Benefit; the Good of Democracy, is Liberty, and the Courage and Industry which Liberty begets.
'In this Kingdom the Laws are jointly made by a King, by a House of Peers, and by a House of Commons chosen by the People, all having free Votes and particular Privileges. The Government according to these Laws, is trusted to the King; Power of Treaties, of War and Peace, of making Peers, of chusing Officers and Counsellors for State, Judges for Law, Commanders for Forts and Castles; giving Commissions for raising Men; to make War Abroad, or to prevent or provide against Invasions or Insurrections at Home; Benefit of Consiscations, Power of Pardoning, and some more of the like kind, are placed in the King. And this kind of regulated Monarchy, having this Power to preserve that Authority, withuot which it would be disabled to preserve the Laws in their Force, and the Subjects in their Liberties and Properties, is intended to draw to him such a Respect and Relation from the great Ones, as may hinder the Ills of Division and Faction; and such a Fear and Reverence from the People, as may hinder Tumults, Violence, and Licentiousness.
'Again, That the Prince may not make use of this high and perpetual Power to the hurt of those for whose Good he hath it; and make use of the Name of Publick Necessity, for the Gain of his private Favourites and Followers, to the detriment of his People, the House of Commons, (an excellent Conserver of Liberty, but never intended for any share in Government, or the chusing of them that should govern) is solely intrusted with the first Propositions concerning the Levies of Monies, (which is the Sinews as well of Peace as of War;) and the impeaching of those, who for their own Ends, tho countenanced by any surreptitiously gotten Command of the King, have violated that Law, which he is bound (when he knows it) to protect; and to the prosecution of which they were bound to advise him, at least not to serve him in the contrary. And the Lords being trusted with a Judicatory Power, are an excellent Skreen and Bank between the Prince and People, to assist each against any Incroachments of the other; and by just Judgments to preserve that Law, which ought to be the Rule of every one of the Three. For the better enabling them in this, beyond the Examples of any of our Ancestors, we were willingly contented to oblige our self, both to call a Parliament every three Years, and not to dissolve it in fifty Days: and for the present Exigent, the better to raise Money, and to avoid the Pressure, (no less grievous to us than them) our People must have suffer'd by a longer continuance of so vast a Charge as two great Armies; and for their greater certainty of having sufficient Time to remedy the Conveniences arisen, during so long an absence of Parliaments, and for the Punishment of the Causers and Ministers of them, we yielded up our Right of dissolving this Parliament, expecting an extraordinary Moderation from it, in Gratitude for so unexampled a Grace, and little looking that any Malignant Party should be encouraged, or enabled to have persuaded them, first to countenance the Injustices and Indignities we have endured, and then by a new way of Satisfaction for what was taken from us, to demand of us at once to confirm what was so taken, and to give up almost all the rest.
'Since therefore the Power, legally placed in both Houses, is more than sufficient to prevent and restrain the Power of Tyranny, and without the Power, which is now asked from us, we shall not be able to discharge that Trust, which is the end of Monarchy, since this would be a total Subversion of the Fundamental Laws, and that excellent Constitution of this Kingdom, which hath made this Nation so many Years, both famous and happy to a great degree of Envy; since to the Power of punishing (which is already in your hands according to Law) if the Power of preferring be added, we shall have nothing left for us but to look on, since the incroaching of one of these Estates upon the Power of the other is unhappy in the Effects, both to them and all the rest; since this Power of at most a joynt Government in us with our Counsellors (or rather our Guardians) will return us to the worst kind of Minority, and make us despicable both at home and abroad, and beget eternal Factions and Dissensions (as destructive to publick Happiness as War) both in the chosen, and in the Houses that chose them, and the People who chose the Chusers; since so new a Power will undoubtedly intoxicate Persons who were not born to it, and beget not only Divisions among them as Equals, but in them Contempt of us, as become an Equal to them, and Insolence and Injustice toward our People, as now so much their Inferiors, which will be the more grievous unto them, as suffering from those who were so lately of a nearer degree to themselves, and being to have Redress only from those that placed them, and fearing they may be inclined to preserve what they have made, both out of Kindness and Policy, since all great Changes are extreamly inconvenient, and almost infallibly beget yet greater Changes, which beget yet greater Inconveniences.
'Since as great an one in the Church must follow this of the Kingdom; since the second Estate would in all probability follow the Fate of the first, and by some of the turbulent Spirits Jealousies would soon be raised against them, and the like Propositions for Reconciliation of Differences would be then sent to them, as they now have joined to send to us till (all Power being vested in the House of Commons, and their number making them incapable of transacting Affairs of State with the necessary Service and Expedition, those being retrusted to some close Committee) at last the common People (who in the mean time must be flattered, and to whom License must be given in all their wild Humours, how contrary soever to established Law, or their own real Good) discover this Arcanum Imperii, That all this was done by them, but not for them, and grow weary of Journy-work, and set up for themselves, call Parity and Independence Liberty, devour that Estate which had devoured the rest; destroy all Rights and Properties, all Distinctions of Families and Merit; and by this means this splendid and excellently distinguished Form of Government end in a dark equal Chaos of Confusion, and the long Line of our many Noble Ancestors in a Jack Cade, or a Wat Tyler.
'For all these Reasons to all these Demands our Answer is, Nolumus Leges Angliœ mutari: but this we promise, that we will be as careful of preserving the Laws in what is supposed to concern wholly our Subjects, as in what most concerns our self: For indeed we profess to believe, that the preservation of every Law concerns us, those of Obedience being not secure, when those of Protection are violated; and we being most of any injur'd in the least Violation of that by which we enjoy the highest Rights and greatest Benefits, and are therefore obliged to defend no less by our Interest, than by our Duty, and hope that no Jealousies to the contrary shall be any longer nourished in any of our good People by the subtile Insinuations and secret Practices of Men, who for private Ends are disaffected to our Honour and Safety, and the Peace and Prosperity of our People. And to shew you, that no just Indignation at so reproachful Offers shall make us refuse to grant what is probable to conduce to the good of our good People, because of the ill Company it comes in, we will search carefully in this heap of unreasonable Demands, for so much as we may (complying with our Conscience, and the Duty of our Trust) assent unto, and shall accordingly agree to it.
'In pursuance of which Search in the fourth Proposition, under a Demand, which would take from us that Trust, which God, Nature and the Laws of the Land have placed in us, and of which none of you could endure to be deprived, we find something to which we give this Answer, That we have committed the principal Places about our Children to Persons of Quality, Integrity and Piety, with special regard that their tender Years might be so season'd with the Principles of the true Protestant Religion, as (by the Blessing of God upon this our Care) this whole Kingdom may in due time reap the Fruit thereof: and as we have been likewise very careful in the choice of Servants about them, that none of them may be such, as by ill Principles, or by ill Examples, to cross our Endeavours for their pious and vertuous Education; so if there shall be found (for all our Care to prevent it) any Person about our Children (or about us, which is more than you ask) against whom both Houses shall make appear to us any just Ecception, we shall not only remove them, but thank you for the Information; only we shall expect that you shall be likewise careful, that there be no under-hand dealing by any to seek Faults to make room for others to succeed in their Places.
'For the fifth Demand, as we will not suffer any to share with us in our power of Treaties, which are most improper for Parliaments, and least of all in those Treaties in which we are nearest concern'd, not only as a King, but as a Father; yet we do (such is our desire to give all reasonable Satisfaction) assure you by the Word of a King, that we shall never propose or entertain any Treaty whatsoever for the Marriage of any of our Children, without due regard to the true Protestant Profession, the Good of our Kingdoms, and the Honour of our Family.
'For the sixth Demand, concerning the Laws in force against Jesuits, Priests and Popish Recusants, we have by many of our Messages to you, by our voluntary Promise to you so solemnly made, never to pardon any Popish Priest, by our strict Proclamations lately published in this Point, and by the publick Examples which we have made in that case since our residence at York, and before at London, sufficiently expressed our Zeal herein. Why do you then ask that in which our own Inclination hath prevented you? And if you can yet find any more effectual course to disable them from disturbing the State, or eluding the Law by Trusts, or otherwise, we shall willingly give our Consent to it.
'For the seventh Demand, concerning the Votes of the Popish Lords, we understand, that they in Discretion have withdrawn themselves from the service of the House of Peers, (and had done so when use was publickly made of their Names to asperse the Votes of that House, which was then counted as malignant, as those, who are called our unknown and unsworn Counsellors, are now) neither do we conceive, that such a positive Law against the Votes of any whose Blood gives them that Right, is so proper in regard of the Privilege of Parliament, but are content, that so long as they shall not be conformable to the Doctrine and Discipline of the Church of England, they shall not be admitted to sit in the House of Peers, but only to give their Proxies to such Protestant Lords as they shall choose, who are to dispose of them as they themselves shall think fit, without any reference at all to the Giver.
'As to the desires for a Bill for the Education of Papists by Protestants in Protestant Profession, many about us can witness with us, that we have often delivered our Opinion, that such a course (with God's Blessing upon it) would be the most effectual for the rooting Popery out of this Kingdom; we shall therefore thank you for it, and encourage you in it, and when it comes unto us, do our Duty: and we heartily wish for the publick Good, that the time you have spent in making Ordinances without us, had been employed in preparing this and other good Bills for us.
'For the eighth, touching the Reformation to be made of the Church-Government and Liturgy, we had hoped that what we had formerly declared concerning the same, had been so sufficiently understood by you, and all good Subjects, that we should not need to have expressed our Self further in it. We told you in our Answer to your Petition presented to us at Hampton-Court, the first of December, that for any illegal Innovations which may have crept in, we should willingly concur in the Removal of them; that if our Parliament should advise us to call a national Synod which may duly examine such Ceremonies as give just Cause of Offence to any, we should take it into Consideration, and apply our Self to give due Satisfaction therein; that we were persuaded in our Conscience, that no Church could be found upon the Earth, that prosesseth the true Religion with more Purity of Doctrine than the Church of England doth, nor where the Government and Discipline are jointly more beautified, and free from Superstition, than as they are here established by Law; which (by the Grace of God) we will with constancy maintain (while we live) in their Purity and Glory, not only against all Invasions of Popery, but also from the Irreverence of those many Schismaticks and Separatists, wherewith of late this Kingdom and our City of London abounds, to the great Dishonour and Hazard both of Church and State; for the Suppression of whom we required your timely and active Assistance. We told you in our first Declaration, printed by the Advice of our Privy-Council, That for Differences amongst our Selves for Matters indifferent in their own nature concerning Religion, we should in Tenderness to any number of our loving Subjects, very willingly comply with the Advice of our Parliament, that some Law might be made for the Exemption of tender Consciences from Punishment, or Prosecution for such Ceremonies, and in such Cases, which by the Judgment of most Men are held to be Matters indifferent, and of some to be absolutely unlawful; Provided that this Ease should be attempted and pursued with that Modesty, Temper and Submission, that in the mean time the Peace and Quiet of the Kingdom be not disturbed, the Decency and Comeliness of God's Service discountenanced, nor the pious, sober, devout Actions of those Reverend Persons who were the first Labourers in the blessed Reformation, or of that time, be scandalized and defamed. And we heartily wish, that others whom it concerned, had been as ready as their Duty bound them, though they had not received it from us, to have pursued this Caution, as we were, and still are willing and ready to make good every particular of that Promise. Nor did we only appear willing to join in so good a Work, when it should be brought us, but prest and urged you to it by our Message of the 14th of February, in these words: And because his Majesty observes great and different Troubles to arise in the Hearts of his People concerning the Government and Liturgy of the Church, his Majesty is willing to declare, That he will refer the whole Consideration to the Wisdom of his Parliament, which he desires them to enter into speedily, that the present Distractions about the same may be composed; but desires not to be prest to any single Act on his part, till the whole be so digested and settled by both Houses, that his Majesty may clearly see what is fit to be left, as well as what is fit to be taken away: Of which we the more hoped of a good Success to the general Satisfaction of our People, because you seem in this Proposition to desire but a Reformation, and not, as is daily preached for as necessary in those many Conventicles which have within these nineteen Months begun to swarm, and which, tho their Leaders differ from you in this Opinion, yet appear to many as countenanced by you, by not being punished by you (few else, by reason of the Order of the House of Commons of the 9th of September, daring to do it) a Destruction of the present Discipline and Liturgy. And we shall most chearfully give our best Assistance for raising a sufficient Maintenance for preaching Ministers, in such course as shall be most for the Encouragement and Advancement of Piety and Learning.
'For the Bills you mention, and the Consultation you intimate, knowing nothing of the particular Matters of the one (tho we like the Titles well) nor of the manner of the other, but from an Informer (to whom we give little Credit, and we wish no Man did more) common Fame, we can say nothing till we see them.
'For the eleventh. We would not have the Oath of all Privy-Counsellors and Judges straitned to particular Statutes of one or two particular Parliaments, but extend to all Statutes of all Parliaments, and the whole Law of the Land, and shall willingly consent, That an Enquiry of all the Breaches and Violations of the Law may be given in Charge by the Justices of the King's Bench every Term, and by the Judges of Assize in their Circuits, and Justices of the Peace at the Sessions to be presented and punished according to Law.
'For the seventeenth, We shall ever be most ready, (and we are sorry it should be thought needful to move us in it) not only to joyn with any (particularly with the States of the United Provinces, of which we have given a late Proof in the Match of our Daughter) for the Defence and Maintenance of the Protestant Religion against all Designs and Attempts of the Pope and his Adherents, but singly (if need were) to oppose with our Life and Fortune all such Designs in all other Nations, were they joyned: And that for considerations of Conscience, far more than any temporal end of obtaining access of Strength and Reputation, or any natural end of restoring our Royal Sister and her Princely Issue to their Dignities and Dominions, though these be likewise much considered by us.
'For the eighteenth, it was not our Fault that an Act was not passed to clear the Lord Kymbolton, and the five Members of the House of Commons, but yours, who inserted Clauses into both the Preamble and Act (perhaps perswaded to it by some who wish not that you should in any thing receive Satisfaction from us) as by passing the Preamble, we must have wounded our Honour against our Conscience, and by another Clause have admitted a Consequence, from which we could never have been secured, by declaring, That no Member of either House, upon any Accusation of Treason, could have his Person seized without the Consent of that House of which he is a Member, tho the known Law be, That Priviledg of Parliament extends not to Treason; and if it did, any Member (the House being for a short time adjourned, and so their Consent not being so had) how treasonable soever his Intentions were, how clearly soever known, and how suddenly soever to be executed, must have fair leave given him to go on, and pursue them; no way, how legal soever, after the passing such a Clause being left to prevent it.
'To conclude; we conjure you, and all Men, to rest satisfied with the Truth of our Professions, and the reality of our Intentions, not to ask such things as deny themselves, that you declare against Tumults and punish the Authors; that you allow us our Propriety in our Towns, Arms and Goods, and our share in the Legislative Power, which would be counted in us, not only Breach of Priviledg, but Tyranny and Subversion of Parliaments to deny to you. And when you shall have given us Satisfaction upon those Persons who have taken away the one, and recalled those Declarations (particularly that of the 26th of May) and those in the Point of the Militia (our just Rights wherein we will no more part with than with our Crown, lest we enable others by them to take that from us) which would take away the other, and declined the beginnings of a War against us, under pretence of our Intention of making one against you; as we have never opposed the first part of the thirteenth Demand, so we shall be ready to concur with you in the latter.
'And being then confident that the Credit of those Men, who desire a general Combustion, will be so weakened with you, that they will not be able to do this Kingdom any more harm, we shall be willing to grant our general Pardon, with such Exceptions as shall be thought fit, and shall receive much more Joy in the hope of a full and constant Happiness of our People in the true Religon, and under the Protection the Law, by a blessed Union between us and our Parliament (so much desired by us) than any such encrease of our Revenue (how much soever beyond former Grants) as (when our Subjects were wealthiest) our Parliament could have settled upon us.
An Order of the House concerning the Pawning of the Crown Jewels at Amsterdam. Die Jovis 2 Junii, 1642.
Order of the two Houses against pawning the Jewels of the Crown.
Whereas it doth appear, to the Lords and Commons in Parliament, that the King seduced by wicked Counsel, doth intend to levy War against this Parliament: And whereas Information hath been given, that the Jewels of the Crown (which by the Law of the Land ought not to be alienated) are either pawned or sold in Amsterdam, or some other Part beyond the Seas; and thereby great sums of Money provided to be returned to York, or to some of his Majesty's Servants or Agents, for his Majesty's Use. And whereas 'tis more than probable, that this great provision of Money in this extraordinary Way, is to maintain this intended War, and thereby to bring the whole Kingdom into utter Ruin and Combustion. It is therefore declared, by the Lords and Commons in Parliament, That whosoever hath been, or shall be an Actor in the selling or pawning of any Jewels of the Crown, or hath or shall pay, lend, send, or bring any Money in specie into this Kingdom, for or upon any of those Jewels; or whosoever hath or shall accept of any Bill from beyond the Seas, for the payment of any Sum of Money for or upon any of those Jewels, and shall pass any Sum according to such Bill, after notice of this Order, without acquainting this House with the receipt of such Bill before he accept the same; or if he have already accepted any such Bill, then with the acceptance thereof, before the payment of the Money: Every such Person shall be held and accounted a Promoter of this intended War, an Enemy to the State, and ought to give Satisfaction for this publick Damage out of his own Estate.
H. Elsing Cler. Parl. Dom. Com.
An Order for the Members of the House of Commons to attend the Parliament. Die Jovis 2 Junii 1642.
It is this day Ordered by the Commons now assembled in Parliament, That the several Members of this House do forthwith give their Attendance upon the publick Service of this Common-Wealth, with which they are entrusted by their Countries. And the Sheriffs of the several Counties of this Kingdom of England and Dominion of Wales, are required to give notice of this Order, unto all such Members of the House of Commons as are within the respective Counties, and speedily to make return of such their Doings unto the Speaker of that House. And all such as shall not make their personal Appearance by the 16th day of this instant June in the House of Commons, shall each one forfeit one hundred Pounds, to be disposed of for the Wars in Ireland, and undergo such further Censure and Punishment as the said House shall think sit for so great neglect of their Duty, in a time that so necessarily requires their Assistance.
Provided always that all such that are specially employed by this House, are to remain in such Imployments, until they shall have particular Directions for their Return.
Ordered that it be forthwith Printed.
H. Elsing Cler. Parl. Com.
Die Sabbati 4 Junii 1642. Sir Walter Earl, Sir Peter Wentwooth, Sir Samuel Rolle, Mr. Arthur Goodwin, Mr. Pury, Mr. Noble.
A Committee for putting Votes and Orders in Execution.
This Committee, or any three of them, are appointed to consider of the best way of putting the publick Orders and Votes of the House in execution, and of divulging, dispersing and publishing the said Orders and Votes, and also the Declaration of the House thro the Kingdom, and of the well and true printing of them; and have power to imploy Messengers, as they shall see occasion; and to make them Allowances, and to sit when and where they please.
Hen. Elsing Cler. Parl. Dom. Com.
[About this time several Lords left the Parliament, and repaired to the King at York: Whereupon there was an Order of the House of Lords sent to them, requiring their Appearance as Delinquents; whereunto they returned this Answer.]
A Letter sent from those Lords, whose Names are under-written, to the Right Honourable the Lords and Commons assembled in the High Court of Parliament, June the 4th, 1642.
We whose Names are under-written, have each of us received an Order, signed by the Clerk of the House, John Brown; commanding our Appearance as Delinquents, at the Bar, (the 8th of June instant) to answer an high Contempt against the House, contrary to our Duty, and our breach of Privilege of Parliament, which by Oath we are bound to maintain.
We are very sensible to hear such a Stile, as the Name of Delinquency, should be put upon us; and so great a Disgrace, as coming to the Bar, which we conceive to be contrary to the Dignity and Privilege of Peers; the particularity of the Crime not at all notified. And we do further conceive, That it is the apparent usual and inherent Right belonging to the Peerage of England, That in the highest Misdemeanour whatsoever, no Peer is to answer to the first Charge but in his own Person, and not upon the first Charge to come to the Bar. And as we are ignorant of the Nature of this Contempt, so are we not informed by the Order wherein we have broken any Privilege of Parliament, much less violated any Oath.
The cause of our coming, being to pay a willing Obedience to his Majesty's Command, signified by Letters under his own Hand: And we shall be much comforted and satisfied (when his Majesty's Occasions shall permit us) to return back to the House, to sit with the Liberty and that Condition that the Peerage of England formerly have done, secured from all Menaces, or demanding any Account of our particular Votes, and from tumultuary Assemblies. My Lords, we hope, that as in our Hearts resides a great Reverence and Duty to the House, so we are confident those honourable Lords that are present there, will not affix any Character upon our Persons and Actions, but as may become Men of Honour to bear: And so we rest,
- Grey of Ruthen.
[Hereupon the Commons resolved to impeach them; which was done accordingly, as follows.]
Articles of Impeachment against the nine Lords, viz. The Earls of Northampton, Devonshire, Monmouth and Dover; and the Lords, Rich, Andover, Grey of Ruthen, Coventry and Capell.
June 15. 1642. Impeachment against the 9 Lords for deserting the Parliament, and not returning upon Summons.
The Lords and Commons assembled in Parliament, finding the Distractions of the Kingdom to be great, have thought fit to explain and remonstrate to the World the grounds of their Proceedings, and the Causes of these Distractions, in these ensuing Particulars.
- 1. The Root of the mischievous Designs.
- 2. The Maturity to which they had attained before the beginning of this Parliament.
- 3. The effectual Means which hath been used for the extirpation of those desperate Evils, by the progression which therein hath been made by the Wisdom of the Parliament.
- 4. The ways of opposition by which that Progress is interrupted.
- 5. The Courses to be taken for the removing of these Obstacles, and for the accomplishing of our faithful Endeavours of restoring the ancient Honour, Greatness and Security of this Crown and Nation: The root of all this Mischief, we find to be a malignant Design of subverting the Fundamental Laws, upon which the Religion and Justice of this Nation are firmly established.
The Actors hereof have been,
- 1. The Papists which hate the Laws as the Obstacles of that subversion of Religion which they so much long for.
- 2. Such Counsellors and Courtiers, as for private Ends have engaged themselves to further the Interests of foreign Princes or States, to the prejudice of his Majesty and the State at home.
The common Principles by which they govern their Actions, are these;
- 1. To maintain continual Differences betwixt the King and the People, upon questions of Prerogative and Liberty, that so they may gain to themselves and their Parties the greatest places of Trust and Power in the Kingdom.
- 2. To suppress the purity of Religion, and such Persons as were best affected to it.
- 3. To disaffect the King to Parliaments, by Slanders and false Imputations; and by putting him upon other Ways of Supply, which in shew were fuller of Advantage than the ordinary course of Subsidies, which indeed have been the greatest Cause of these Troubles and Distractions under which we suffer.
Here are the Authors and Causes of these Distempers made manifest, now it is necessary to declare how far these Mischiefs have extended.
Former Relations, and precedent Declarations, have made some apparent; but yet so great is the Power of Ambition, that the Infliction and Execution of the Law upon Strafford; the Durance and Imprisonment of divers others of that Faction, can no way deter them from using all Means to perfect their Designs; and finding no way so apt for their Purposes, as to foment Jealousies between the King and Parliament, they have cast many odious Scandals upon the Proceedings of Parliament: Nay, so far has their Treachery extended, that they have seduced divers Members of the Parliament, namely, Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Monmouth, Charles Lord Howard of Chesterton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, and Arthur Lord Capell, who are impeach'd for these high Crimes and heinous Misdemeanours following.
- 1. That contrary to their Duty, they being Peers of the Realm, and summoned by Writ to attend the Parliament; and contrary to an Order of the House of Peers, of the 9th of April last, and several other Orders, requiring their Attendance on the said House, they, without leave departed, and left the Service of the House.
- 2. That after a Vote passed in both Houses, the 20th of May last, that the King seduced by wicked Counsel, intends to make War against his Parliament, &c. It was voted, That the departure of these nine Lords without leave, at such a time when the House had declared, that the King intended to make War against his Parliament; and their still continuing at York, notwithstanding their Summons and Command, is a high Affront and Contempt of both Houses; and that the said Lords did as much as in them lay, that the business of Parliament might be deserted, and are justly suspected to promote War against the Parliament.
For that they having, by another Order of the 30th of May, been duly summoned by the House of Peers, to make their Appearance before that House, upon the 8th day of June last past: they refused to appear, and returned a scornful Answer, by a Letter under their Hands, directed to the Speaker of the Lords House, and remaining there upon Record.
For which Crimes and Misdemeanours, (they tending to the Dissolution of the Parliament, and Disturbance of the Kingdom) it is demanded by the Commons, That the said Lords may be brought to their Answer, and receive speedy and exemplary Punishment, according to their Demerits.
Ordered by the Lords and Commons assembled in Parliament, that this be printed and published.
H. Elsing Cler. Parl. Dom. Com.
The Speech of Denzil Holles Esq; delivered at the Lords Bar, Wednesday the 15th of June, upon the Impeachment of the Earls of Northampton, &c.
By the Command of the Knights, Citizens and Burgesses of the House of Commons, I come hither unto your Lordships, in behalf of the Parliament, or rather in behalf of the whole Kingdom, labouring with much Distraction, many Fears, great Apprehensions of Evil and Mischief intended against it, and now hatching and preparing by that Malignant Party, which thirsts after the Destruction of Religion, Laws and Liberty; all which are folded up, cherished, and preserved in the careful Bosom of the Parliament.
My Lords, The Parliament is the Foundation and Basis of Government, and consequently of the Peace and Happiness of the Kingdom. As it creates the Law by which we are ruled and governed in Peace and Quietness, so it preserves the Law in Power and Authority: It watches over our Religion, thatit be not supplanted and changed by superstitious Innovations; the Truth and Substance of it eaten up with Formality, vain Pomp, and unnecessary Ceremonies; the gross Errors of Popery and Arminianism imposed upon us as the Doctrine of our Church: A way opened to all Licentiousness; and occasion hereby taken to oppress and persecute all Religious and Conscientious Men that shall oppose these Proceedings, (as hath been used of late.) It is the Conservative of the Rights and Liberties of the Subject, and the Corrective of Injustice and Oppression, whereby equal Right is distributed to all, and every Man hath that benefit and protection of Justice which is due unto him: It is that by which alone common Necessities can be provided for, and publick Fears prevented. So that I may say, not only the Peace and Happiness, and Well-being, but the very Being of this Kingdom, can have no other Bottom to stand upon but the Parliament, it being the Foundation upon which the whole Frame of the Common-Wealth is built.
Therefore those who would destroy the Building, apply themselves to undermine the Foundation. If they can take away Parliaments, or but weaken the Power and Authority of Parliament, which is all one, (for if it once have no Power, it will soon have no Being) they know then all will be at their Mercy, nothing will stand in their way to oppose them, but a Flood of Violence will run over, and cover the whole Surface of the Kingdom, and carry away all, both present Enjoyment, and future Hope of Religion, Liberty, and whatsoever else is precious and dear unto us.
And accordingly, it hath ever been the Policy of evil Counsellors (who are the greatest Enemies we have in the World, or can have) to strike at Parliaments, keep off Parliaments, break Parliaments, or divide Parliaments, by making Factions, casting in Diversions and Obstructions to hinder and interrupt Proceedings of Parliament; all against the Parliament.
Your Lordships have had experience of this Truth this Parliament; a Succession of Designs upon it: First to awe it, and take away the Freedom of it by the Terror of an Army; then to bring Force against it, actually to assault it, and with the Sword cut in sunder this only Band, which ties and knits up King and People, the People among themselves, and the whole Frame of this Government in one firm, and I hope indissoluble Knot of Peace and Unity.
God diverted those Designs, did blow upon them: presently another is set upon which was to obstruct and hinder our Proceedings, that in the mean time the Flame of Rebellion might consume the Kingdom of Ireland; and Distempers, Distractions and Jealousies be fomented here at home, to tear out the Bowels of this Kingdom; the Parliament being disabled from helping it, by occasion of so many Diversions, so much Business cut out unto it; many Obstructions and Difficulties, especially that great one, from which all the rest receive Countenance and Support, his Majesty absenting himself, not concurring with us, and so with-drawing both his Presence and Influence, by which means such Remedies could not be applied, as were necessary; and what was done was done with infinite Trouble to the Parliament, and excessive Charge to the Subject, double, treble, what otherwise would have served the turn: So the Subject is grieved and oppressed with Charge, and the Blame of all is laid upon the Parliament, and the Parliament unjustly said to be the Cause of all those Evils, which the Authors of them had made so great, and so confirmed and secured by the frequent Interruptions of the Parliament, that they could not suddenly nor easily be suppressed or removed.
Well, but by God's infinite Blessing, the Parliament was in a fair possibility to wade through this likewise; and though the Night had been black and stormy, some Day began to appear: Miraculously our Arms have prospered in Ireland, and, God be praised, the malevolent Practices of these Vipers at Home, as they appeared, were in some sort mastered; and the Parliament began to act and operate towards the settling of the great Affairs both of Church and State, and providing for the Defence and Safety of this Kingdom, against either Foreign Invasion, or any stirring of the disaffected Party among ourselves.
Then three ways are together assayed for the weakning and invalidating the Proceeding and Power of the Parliament, and making way for the utter subversion of it.
One Force is gathered together at York, under pretence of a Guard for his Majesty's Person, to make an Opposition against the Parliament, and by a strong Hand to support and protect Delinquents, so as no Order of Parliament can be obeyed, but on the other side is slighted and scorned, to make the Parliament of no Reputation, to be but Imago Parliamenti, a mere Shadow, without Substance, without Efficacy.
Another, to send out in his Majesty's Name, and as Declarations and Messages from him, bitter Invectives against the Parliament, to perplex it, and engage it in the expence of Time to answer them: And besides, cunningly to insinuate, and infuse into the People by false Colours and Glosses, a disopinion and dislike of the Parliament, and if it be possible, to stir up their Spirits to rise against it, to destroy it (and in it all other Parliaments) to the ruin of themselves, their Wives and Children.
The third Plot is, The Members are drawn away, and perswaded to forsake their Duty and Attendance here, and go down to York; thereby to blemish the Actions of both Houses, as done by a few and an inconsiderable number, and rather a Party than a Parliament; and perhaps, to raise and set up an Anti-Parliament there.
My Lords, This is now the great Design, whereby they hope, by little and little, the Parliament shall even bleed to death, and moulder to nothing, the Members dropping away one after another. A desperate and dangerous Practice, and as your Lordships well observed, (when you were pleased to communicate this Business to us) an effect of the Evil Counsels, now prevailing and tending to the dissolution of the Parliament; Of this Parliament, which under God must be the Preserver of three Kingdoms, and keep them firm and loyal to their King, subject to his Crown, save them from being turned into a Chaos of Disorder and Confusion, and made a dismal Spectacle of Misery and Desolation: This Parliament, which is the last Hope of the long oppressed, and in other Countries even almost wholly destroyed, Protestant Religion: This Parliament, which is the only Means to continue us to be a Nation of Free-men and not Slaves, to be Owners of any thing; that we may call our Wives, our Children, our Estates, nay our Bodies our own: In a word, which must stand in the Gap to prevent an Inlet and Inundation of all Misery and Confusion.
My Lords, This Parliament they desire to destroy: but I hope it will destroy the Destroyers, and be a Wall of Fire to consume them, as it is a Wall of Brass to us, to defend King and Kingdom, us, and all we have.
Your Lordships wisely foresaw this Mischief, and as wisely have endeavoured to prevent it, by making your Orders to keep your Members here, as that of the 9th of April, and several other Orders enjoining them all to attend; thereby restraining them from repairing to York, where the Clouds were observed to gather so fast, and threaten a Storm, and such Preparations to be made against the Parliament, that it necessitated both Houses to pass a Vote, That the King, seduced by wicked Counsel, intended to make War against the Parliament; and all who shall serve or assist in such Wars, are declared to be Traytors: Which Vote past the 20th of May; so setting a Mark upon that Place, and their Opinion concerning those who should at this time resort thither.
Yet now in such a Conjuncture of Time, when the Kingdom had never more need of a Parliament, and the Parliament never more need of all the Help and Assistance of the best Endeavour and Advice of every Member, the Safety and even Being of the three Kingdoms depending upon it; after such Orders and Commands of your Lordship's House to the contrary, such a Vote of both Houses, and expresly against their Duty, being called thither by Writ under the Great Seal, which is the King's greatest and highest Command, and not controulable, nor to be dispensed with by any other Command from him whatsoever, and called to treat and consult de arduis Regni, the great urging and pressing Affairs of the Kingdom, never more urgent, never more pressing: Notwithstanding all this, these Lords, the Earls of Northampton, Devonshire, Dover, Monmouth, and the Lords Rich, Andover, Grey, Coventry and Capel, have left their Stations, withdrawn themselves, and are gone to York; and being summon'd to appear by an Order of the 30th of May, instead of Obedience, return a Refusal by a slighting and scornful Letter, which hath been so adjudged both by your Lordships and the House of Commons.
My Lords, the House of Commons hath likewise upon the Consideration and Debate of this Business, finding it so much to concern the Safety of the Kingdom, and the very Being of the Parliament, passed this Vote.
That the departing of these nine Lords from the Parliament without Leave, after such time as both Houses had declared, That the King, seduced by wicked Counsel, intended to make War against the Parliament; and their still continuing at York, notwithstanding their Summons and Command, is a high Affront and Contempt of both Houses; and that the said Lords therein did as much as in them lay, that the Service of Parliament might be deserted, and are justly suspected to promote a War against the Parliament.
And the House, in further Prosecution of their Duty in this Particular, and in pursuance of their Protestation, which obliges them to endeavour to bring to condign Punishment all such high Offenders against, not only the Privileges, but the very Essence of Parliament, have sent me up to impeach these Lords, and desire that speedy and exemplary Justice may be done upon them.
And accordingly, `I do here in the Name of the Knights, Citizens and Burgesses of the Commons House assembled in Parliament, and in the Name of all the Commons of England, impeach Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, and Arthur Lord Capel, for these high Crimes and Misdemeanours following, viz.
'For that, contrary to their Duty, they being Peers of the Realm, and summoned by Writ to attend the Parliament; and, contrary to an Order of the House of Peers of the 9th of April last, and several other Orders, requiring the Attendance of the Members of that House, and after a Vote past in both Houses the 20th of May last, That the King, seduced by wicked Counsel, intended to make War against the Parliament, and that whosoever served or assisted him in that War, was adjudged a Traytor; did notwithstanding afterwards in the same Month of May, contemptuously, having Notice of the said Votes and Orders, withdraw themselves from the said House of Peers, and repair to the City of York, where the Preparations of the said War were, and yet are in Contrivance and Agitation, they knowing of such Preparations: and being by an Order of the 30th of May duly summoned by the House of Peers to make their Appearance before that House upon the 8th day of June last past, they refused to appear, and returned a scornful Answer by a Letter under their Hands, directed to the Speaker of the Lords House, and remaining there upon Record.
'For which Crimes and Misdemeanours to the Interruption of the Proceedings of Parliament, and great Affairs of the Kingdom, and tending to the Dissolution of the Parliament, and Disturbance of the Peace of the Kingdom, I am commanded in the Name of the said Commons, to demand of your Lordships, That the said Lords may be forthwith put to their Answer, and receive speedy and exemplary Punishment, according to their Demerits.
'The Commons saving to themselves Liberty at all times hereafter, to exhibit any other or further Impeachment or Accusation against the said Lords, or any of them.
[Upon this Impeachment they afterwards passed this Judgment, viz.]
Die Mercurii, 20 Julii 1642.
The Sentence against the Lords that went to York.
The Commons, with their Speaker, came this day to the Bar, and demanded Judgment in their own Names, and in the Names of all the Commons of England, against Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, Arthur Lord Capel (Members of this House) formerly impeached by them before the Lords in Parliament.
[At which time, the Lords being in their Robes, the Lord Kimbolton, Speaker pro tempore, pronounced the Sentence against the said nine Lords, viz. ]
'Whereas Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, and Arthur Lord Capel, were the 16th of June 1642. impeached by the Knights, Citizens and Burgesses of the House of Commons for these high Crimes and Misdemeanours following, viz. For that, contrary to their Duty, they being Peers of the Realm, and summoned by Writ to attend the Parliament; and contrary to an Order of the House of Peers of the 19th of April last, and several other Orders, requiring the Attendance of the Members of that House; and after a Vote passed in both Houses the 20th of May last, That the King, seduced by wicked Counsel, intended to make War against the Parliament, and that whosoever served or assisted him in that War, was adjudged a Traytor; did notwithstanding afterwards in the same Month of May contemptuously, having Notice of the said Votes and Orders, withdraw themselves from the said House of Peers, and repair to the City of York, where the Preparations of the said War were, and yet are in Contrivance and Agitation, they knowing of such Preparations: And being by an Order of the 30th of May duly summoned by the House of Peers to make their Appearance before that House upon the 8th Day of June last past, they refused to appear, and returned a slight and scornful Answer by a Letter under their Hands, directed to the Speaker of the Lords House, and remaining there upon Record. For which Crimes and Misdemeanours to the Interruption of the Proceedings of Parliament, and great Affairs of the Kingdom, and tending to the Dissolution of the Parliament, and Disturbance of the Peace of the Kingdom. The said Knights, Citizens and Burgesses do demand, That the said Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, and Arthur Lord Capel, should be put to their Answers, and receive exemplary Punishment, according to their Demerits. And whereas it was ordered upon the said 16th of June, That the said Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, and Arthur Lord Capel, should appear before the Lords in Parliament, and make their several Answers before their Lordships on Monday the 27th of the said June, to the said Impeachment, or else this House would proceed to Judgment against them by Default. And whereas the said Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, and Arthur Lord Capel, in Contempt of this High Court, have refused to appear and make Answer to the said Impeachment.
'The Lords having taken the said Charge into their due Consideration, do find the said Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, Arthur Lord Capel, guilty of the Crimes charged as aforesaid. And thereupon, and for their said Contempt, this Court doth award and adjudge,
- 1. 'That Spencer Earl of Northampton, William Earl of Devonshire, Henry Earl of Dover, Henry Earl of Monmouth, Charles Lord Howard of Charlton, Robert Lord Rich, Charles Lord Grey of Ruthen, Thomas Lord Coventry, Arthur Lord Capel, shall not sit or vote in the Lords House during this present Parliament.
- 2. 'That they shall not enjoy the Privilege of Parliament as Members of Parliament.
- 3. 'That they shall stand committed to the Tower during the Pleasure of this House.
Propositions and Orders by the Lords and Commons in Parliament, for bringing in of Money or Plate to maintain Horse, Men and Arms for the Preservation of the publick Peace, and for the Defence of the King and both Houses of Parliament.
The Parliament's Propositions for Money, Plate, &c. June 10. 1642.
Whereas it appears that the King (seduced by wicked Counsel) intends to make War against his Parliament, and in pursuance thereof under a pretence of a Guard for his Person, hath actually begun to levy Forces both of Horse and Foot, and sent out Summons throughout the County of York, for the calling together of great Numbers; and some ill-affected Persons have been employed in other Parts to raise Troops under the colour of his Majesty's Service, making large Offers of Reward and Preferment to such as will come in; and that his Majesty doth with a high and forcible Hand protect and keep away Delinquents, not permitting them to make their Appearance to answer such Affronts and Injuries as have been by them offered to the Parliament; and those Messengers sent from the Houses for them, have been abused, beaten and imprisoned; so as the Orders of Parliament, which is the highest Court of Justice in this Realm, are not obeyed, and the Authority of it is altogether scorned and vilified; and such Persons as stand well-affected to it, and declare themselves sensible of these publick Calamities, and of the Violation of the Privileges of Parliament, and common Liberty of the Subject, are baffled and injured by several sorts of malignant Men who are about the King, some whereof, under the Name of Cavaliers, without having respect to the Laws of the Land, or any Fear either of God or Man, are ready to commit all manner of Outrage and Violence, which must needs tend to the Dissolution of this Government, the destroying of our Laws, Liberties and Property: All which will be exposed to the Malice and Violence of such desperate Persons as must be employed in so horrid and unnatural an Act as the overthrowing of a Parliament by force, which is the Support and Preservation of them. All which being duly considered by the Lords and Commons, and how great an Obligation lies upon them in Honour, Conscience and Duty, according to the high Trust reposed in them, to use all possible Means in such Cases for the timely prevention of so great and irrecoverable Evils, they have thought fit to publish their Sense and Apprehension of this imminent Danger, thereby to excite all well-affected Persons to contribute their best Assistance, according to their solemn Vow and Protestation, to the Preparations necessary for the opposing and suppressing of the traiterous Attempts of these wicked and malignant Counsellors, who seek to engage the King in so dangerous and destructive an Enterprize, and the whole Kingdom in a Civil War, and destroy the Privileges and Being of Parliaments. This Recourse to the good Affections of those that tender their Religion and just Liberties, and the Enjoyment of the blessed Fruits of this present Parliament, which were almost ready to be reaped, and are now as ready to be ruined by those wicked Hands, being the only Remedy left them under God, and without which they are no longer able to preserve themselves, or those by whom they are intrusted.
- 1. They the said Lords and Commons do declare, That whosoever shall bring in any Proportion of ready Money, or Plate, or shall underwrite to furnish and maintain any Number of Horse, Horse-men and Arms for the Preservation of the publick Peace, and for the Defence of the King and both Houses of Parliament from Force and Violence, and to uphold the Power and Privileges of Parliament, according to his Protestation, it shall be held a good and acceptable Service to the Commonwealth, and a Testimony of his good Affection to the Protestant Religion, the Laws, Liberties and Peace of this Kingdom, and to the Parliament and Privileges thereof.
- And because a considerable Aid cannot be raised by few Hands, and the Condition of all Mens Estates and Occasions is not always proportionable to their Affections, the Lords and Commons do declare, That no Man's Affection shall be measured according to the Proportion of his Offer, so that he express his good Will to this Service in any Proportion whatsoever.
- 2. And it is further declared by the Lords and Commons in Parliament, That whosoever shall bring in any Money or Plate, or shall furnish and maintain any Horse, Horsemen and Arms for the purposes aforesaid, shall have their Money repaid with Interest, according to 8 l. per Cent. and the full Value of their Plate, with Consideration of the Fashion, not exceeding one Shilling by the Ounce, and shall have full Recompence for all their Charge in finding, furnishing and maintaining of Horse, Horsemen and Arms; and for this both Houses of Parliament do engage the publick Faith.
- 3. And it is ordered, That John Wollaston Knight, and Alderman Towes, Alderman Warner, and Alderman Andrews, shall be Treasurers to receive all such Money and Plate as shall be brought in for the Purposes aforesaid, and the Acquittances of them, or any two of them, for the Receipt of the same, shall be a sufficient Ground for the Party so lending Money or Plate, to demand the same again with the Interest, and likewise Consideration for the Fashion of the Plate.
- 4. It is ordered, That shall be Commissaries to value the Horse and Arms that shall be furnished for this Service; and that a Signification under the Hands of them, or any two of them, of such Values of the Horse and Arms, and of the time when they were first brought in, shall be a Warrant to demand Satisfaction according to the said Values; and they shall keep an Account of the time from their first Inrollment of any such Horse and Horsemen, that such as find and maintain them, may be repaid according to the Rate of 2 s. 6 d. per diem for so long time as they have maintained them in their Service: and the Commissioners are to attend at Guild-Hall for the receiving and enrolling of such Numbers of Horse as shall be brought in.
- 5. It is ordered, That whosoever shall bring in Money or Plate, or shall provide and maintain Horse, Horsemen and Arms for this Service, shall do according to their Duty therein. And the Lords and Commons do engage the Power and Authority of Parliament to save them harmless from all Prejudice and Inconvenience that may befal them by occasion thereof.
- 6. It is ordered, That the Members of either House who are present, shall be desired to declare in their Houses respectively what Money or Plate they will bring in, or what Horse, Horsemen and Arms they will find and maintain.
It is desired, That all such as have their Residence in or about London, or within eight Miles, will bring in their Money, Plate or Horse within a Fortnight after Notice; and they that dwell farther off, within three Weeks.
And because every Person may not be provided with present Money, or with Horse, or not have his Plate with him which he means to bring in, and yet resolves to contribute his Part within the time limited, and that it is necessary it should be presently known what the Provision will be for the effecting of this great and important Service: It is ordered, 1. That the Committees of either House appointed for that purpose respectively, shall receive the Subscriptions of such Members of each House, as have not declared themselves in the House, or are absent upon the publick Service, or for their private Occasions. 2. That the Committee of London intrusted with the Militia, shall receive the Subscriptions in London and Middlesex. And, 3. That some Persons nominated by the Knights and Burgesses of each County, and approved by both Houses, shall be appointed to receive the Subscriptions in the several Counties.
And lastly, it is declared, That whatsoever is brought in, shall not at all be employed upon any other Occasion, than to the Purposes aforesaid, which are to maintain the Protestant Religion, the King's Authority and his Person in his Royal Dignity, the free Course of Justice, the Laws of the Land, the Peace of the Kingdom, and the Privileges of Parliament, against any Force which shall oppose them; and this by the Direction of both Houses of Parliament.
Two Letters sent from Amsterdam, and read in both Houses of Parliament, the 11th of June 1642. and ordered to be printed. Amsterdam, June the 12th New-Stile, that is, the 2d Old-Stile.
Discovery of Ammunition raised beyond Sea for the King.
I Cannot learn that any Jewels more are pawned, than I have formerly expressed; neither of the Sale of any Jewels, save divers Collars of Pearl; part of the Proceed is remitted for London, a large Sum having been offered me by the Party above-mentioned; and I take the rest will be employed in warlike Munition, expressed in the inclosed Note which I had drawn out of the Original Commission, which Hand was well known to me. All must be speedily furnished; and, if for the presumed Service, it's not like the Distempers here will be appeased without shedding Blood, which God avert. I do purpose to lay wait in what Ships the said Munition will be laden; which shall be advised, if you do think sit to give any Notice hereof to the Parliament.
I pray let my Name be concealed, (pour eviter le titre d'espion): although I do with Zeal and Ardour affect the good Cause, yet would I not willingly be seen in this manner. In writing hereof I understand, by an Eye-witness, that all the Jewels are brought here again to be pawned, and amongst them the great Collar of Rubies fetch'd from Hamb. Also the three Brethren, four or five very great Diamonds, with divers more, but no Money to be had thereupon in this Place, as the Party imployed therein doth tell me: So, it's like, some will be staked until the Munition for War shall be satisfied, whereof I have heard an Inkling. I did see Mr. Webster measuring or looking upon a Mortar to shoot Fire-balls of the Wideness or Breadth of the inclosed Thread, weighing 4800 Pounds; I hope England will have no need of such tormenta bellica, which I believe have not been used there in any Age. Mr. J. W. doth hasten exceedingly with all these things. The Pistols I understand are provided.
The second Letter from Amsterdam, June the 12th New Stile, June the 2d Old-Stile. To John Beauchamp, Merchant of London.
For the Cloth-Trade at present, I would advise you to write to him wholly not to buy in a Piece at present, although he pretends losing his Workmen, or the like. For losing his Workmen, I doubt at this time Money is not so rife in that Country, and Men so forward to buy; that I think I little fear, but that if he turns them off, or leaves buying, his Workmen will be glad to come again at more settled Times; and it may be he may sell better cheap. Therefore above all Excuses, as the State stands, write him absolutely not to take off any until further Advice; for if things go badly there, and come to Pillage or Destruction, you should have all the Cloth he had in the House to be reckoned to be your Cloth.
I fear a Storm to arise in the North, and I see it daily grow blacker and darker; for Store of Monies is made over to be sent thither, witness the rising of the Exchange here so suddenly; and at present here is Order to buy store of Pistols for Horsemen, and Powder, and near upon twenty Brass Pieces to be sent for the North Parts; but the Order is not from the Parliament.
- Four Pieces of Battery of 18 pound Bullet.
- One Piece carrying 12 pound Bullet.
- One Piece carrying 8 pound Bullet.
- Two Culverins carrying 8 pound Bullet.
- Six Field-pieces carrying 6 pound Bullet.
- Two Mortar-pieces.
- For Granadoes sixteen.
- An hundred Barrels of Powder.
- Two thousand Pistols ready furnished.
- Harness for Draught-horses.
- A thousand Carbines.
- Three thousand Saddles.
- Bullets, Ladders, Spunges.
- The Mortar-pieces are a Foot and an half Diameter at the Mouth, Mettle and all, shooting Granadoes of 11 or 12 Inches.
- C. R.
- Two hundred Fire-locks.
- Four Pieces of Cannon for Battery, viz.
- One Demi-Cannon.
- Two whole Culverins.
- Two Mortars.
- Four Petards.
- Ten Field-pieces of six pound Bullet mounted.
- One hundred Barrels of Powder.
- Round Shot and Case proportioned to the several Pieces.
- Two thousand Pair of Pistols.
- One thousand Carbines.
- Three thousand Saddles.
- Three thousand Musquets.
- One thousand Pikes.
An Order of Parliament to stay all Arms and Ammunition going to the North. Die Sabbati, 11 Junii 1642.
It is this Day ordered by the Lords in Parliament assembled, That a strict Search and Examination shall be made by the Justices of the Peace, Mayors, Bailiffs, Constables, and other his Majesty's Officers, inhabiting or near adjoining to all the Northern Roads, for the stopping and staying of all Arms, Ammunition, Powder, Light-horses, or Horses for Service in the Wars, and great Saddles that are or shall be carried toward the Northern Parts of England, but by the Privity and Direction of one or both of the Houses of Parliament; and that the said Officers shall stay them accordingly, and speedily give Information thereof unto one of the Houses of Parliament.
Die Mercurii, 15 Junii 1642.
Ordered by the Lords in Parliament, That this Order shall be printed and published.
John Browne, Cleric. Parl.
To our Trusty and well-beloved, the Lord Mayor, Aldermen and Sheriffs of our City of London.
'Trusty and well beloved, we greet you well. Whereas we have received several Informations of great Sums of Money endeavoured to be borrowed of our City of London, by some Direction proceeding from both our Houses of Parliament; and likewise that great Labour is used to perswade our Subjects to raise Horse, and to furnish Money, upon pretence of providing a Guard for our Parliament: These are to let you know, that (notwithstanding any scandalous Votes which have presumed to declare our Intention of levying War against our Parliament, and to lay other Aspersions on us, so fully disavowed by us in the presence of Almighty God, by our several Answers and Declarations) all our Desires and Purposes are for the publick Peace, and that we have not the least Thought of raising or using Force, except we are compelled to it for the Defence of our Person, and in Protection of the Law: And therefore you must expect, that you suffer not your selves to be misled by such vain and improbable Suggestions; and do declare, That if you shall lend any Sums of Money towards the Relief of Ireland, (to which we have contributed all the Assistance could be desired of us, which way soever the Money given and raised to that purpose, is disposed) or towards the Payment of our Scots Subjects, we shall take it as an acceptable Service at your Hands; but it upon general Pretences contrived by a few factious Persons against the Peace of the Kingdom, you shall give or lend any Money, or provide or raise any Horses or Arms towards the raising such a Guard, we shall look upon it as raising Force against us, and to be done in Malice and Contempt of us and our Authority. And we do therefore straitly charge and command you to publish this our Letter to the several Masters and Wardens of the several Companies, that they may be assured, that such Money as they shall lend out of their good Affection to the Kingdom, may be only imployed for Ireland or Scotland, and not toward such Guards, which (in truth) are intended by the Contrivers of that Design, (though we believe many honest Men seduced by them do not yet see their End) to be employed against us: And if you and they shall herein fail punctually and severally to observe our Commands, we shall not only proceed against the several Companies for deceiving the Trust reposed in them, but against the particular Persons, as Contemners and Opposers of our Authority, and of the Law of the Land, in the most exemplary way the known Law of the Land shall prescribe to us; and shall be compelled to question the Charter of your City, which we are willing yet to believe (notwithstanding the barbarous and insolent Demeanour of the meaner and baser sort) in a good degree to continue loyal to us. And of your Obedience to these our Commands, we do expect and require a full Account; and of the Names of such Persons who shall oppose the same. Hereof fail not, as you will answer the contrary at your Peril.
'Given at our Court at York the fourteenth Day of June, in the eighteenth Year of our Reign, 1642.
A Declaration of the Lords and Commons concerning a Paper directed by his Majesty to the Lord Mayor and Sheriffs of London, dated June the 14th 1642.
Parliament's Declaration touching the King's Message to the Mayor, &c. June 21.
Whereas in a Paper inscribed, To our Trusty and Well-beloved the Lord Mayor, Aldermen and Sheriffs of the City of London, dated the 14th of June 1642. it is affirmed, That great Labour is used to perswade his Majesty's Subjects to raise Horse, and to furnish Money upon pretence of a Guard for the Parliament, but in truth, to be imployed against his Majesty; the Lords and Commons do declare, That the Design of those Propositions is, as was formerly declared, to maintain the Protestant Religion, the King's Authority and Person in his Royal Dignity, the free Course of Justice, the Laws of the Land, the Peace of the Kingdom, and Privileges of Parliament, against any Force which shall oppose them. And they do further declare, That as the Forces already at tending his Majesty, and the Preparation which his Majesty is now making of Arms, Horse and Ordnance, within his Kingdom and without, at first coloured under pretence of a Guard, do evidently appear to be for some great and extraordinary Design, so they give just Cause of Fear and Jealousy to the Parliament; and do fully justify those Votes, of the King's Intention of levying War against the Parliament, to be altogether free from any Imputation of Scandal, as is injuriously cast upon them by that Paper: For so long as his Majesty shall continue those Levies and Preparations, the Lords and Commons having been so often threatned and reviled for their Proceedings about Hull and the Militia, so necessarily undertaken for the Good and Peace of the Kingdom, they cannot be secured by his Majesty's solemn Protestation alone, expressed in this and other Declarations, that all his Desires and Purposes are for the publick Peace, and that he hath not the least Thought of using Force, except he be compelled to it for the Defence of his Person, and Protection of the Laws, seeing his Majesty in a Declaration (fn. 1) published at Heworth-Moor, doth interpret the Protection of the Laws in such a manner, as giveth just and full Occasion to believe, that by protecting the Laws, his Majesty intendeth Force upon or against those who shall submit to the Ordinance of the Militia. And because it appears by divers Expressions and Proceedings of his Majesty, he hath discovered an Intention of making some Attempt upon Hull: In both which Cases they do declare, That whatsoever Violence shall be used either against those that exercise the Militia, or against Hull, they cannot but believe it as done against the Parliament.
And whereas the Houses have upon Loan received great Sums of Money for the Service of Ireland from the Companies of London, (for which they give them great and hearty Thanks) they do declare, That these Sums shall be dispended as the former have been to that only Service, notwithstanding an Insinuation laying an Aspersion upon them, as if they had done otherwise. Further, Whereas it is declared, to the great Reproach of the Parliament, That the Sums desired towards the raising of Horse and Arms, are contrived upon general Pretences by some few factious Persons, we leave it to the World to judge how it is possible the Houses should have all their Members, seeing divers of them are by his Majesty summoned to York, and there, contrary to the Law of the Land, and Privileges of Parliament, detained, nay, protected from the Justice of both Houses.
And, secondly, how can that possibly be called a Faction, which is done by both Houses of Parliament, the greatest Court of England, and the most faithful Counsel his Majesty hath? But at such Language as this they wonder not, considering by what wicked Counsel his Majesty's Affairs are guided, and by what malignant Spirits his Majesty's Affections to the Parliament of late have been misled.
Both Houses well weighing the Premises, do forbid any Mayors, Sheriffs, Bailiffs, or other Officers whatsoever, to publish or spread that Paper, as they will answer their Contempt to the Parliament; and do assure themselves that neither his Majesty's Commands, nor his Threats will withdraw or deter Men well-affected to the Publick, from doing their Duty, in contributing such Money, Horse and Plate, as will be necessary for the preserving of the Being of the Parliament, the Peace of the Kingdom, and those other Ends before-mentioned, for which they are desired. The dangerous and mischievous Intentions of some about his Majesty being such, that whatsoever is most precious to Men of Conscience and Honour, as Religion, Liberty and publick Safety, are like to be overwhelm'd and lost in the general Confusion and Calamity of the Kingdom; which will not only question, but overthrow the Charter of the City of London, expose the Citizens, their Wives and Children, to Violence and Villany, and leave the Wealth of that City as a Prey to those desperate and necessitous Persons.
The Lords and Commons, as they hope by this means those horrid Mischiefs may be prevented; so those of the City which contribute hereunto (whereof none are so mean and base, as to deserve the Reproaches cast on them by that Paper.) And all his Majesty's good Subjects may be assured, that in doing their Duty herein, they shall be protected and secured in their Persons, Liberties and Estates, by the Power and Authority of both Houses of Parliament, according to their former Engagements, which they will ever faithfully perform.
His Majesty's Answer to a printed Paper, Intituled, A new Declaration of the Lords and Commons in Parliament, of the 21st of June 1642. in Answer to his Majesty's Letter, dated the 14th of June, and sent to the Lord Mayor, Aldermen and Sheriffs of the City of London.
The King's Answer to the last Declaration.
'It seems by a new Declaration of the 21st of June, in Answer to our Letter of the 14th of the same Month to the Lord Mayor of London, that the Lords and Commons in Parliament have much more leisure than they pretend, or that those Persons whom we have before described in our former Answers and Declarations, and of whom only we would be understood to speak, think such Declarations and Votes to be such irresistible Engines of Battery against us and the Law, that no Strength can oppose them. And therefore tho they will take notice from whence that Letter came, they will vouchsafe it no other Mention, but of a Paper (as if found by chance) inscribed, To our Trusty and Well-beloved, &c. And it is wonder, that since they have usurped the Supreme Power to themselves, they have not taken upon them the Supreme Stile too, and directed this very new Declaration, To their trusty and well-beloved their Subjects of the City of London; for it is too great and palpable a Scorn to persuade them to take up Arms against our Person, under a colour of being loving Subjects to our Office and to destroy Us, that they may preserve the King.
'They are offended that we should believe, that their end of persuading our Subjects to raise Horse, and to furnish Money upon pretence of a Guard for the Parliament, is in truth to imploy those Horse, Men and Money against us; let the Reasons of our Belief be never so strong, and their Actions never so evident to compel all other Man to believe so too. The Lords and Commons do declare, (think what you will, and see what you can) that the design of those Propositions for raising Men, Horse and Money, is to maintain the Protestant Religion, the King's Authority and Person in his Royal Dignity, the free course of Justice, the Laws of the Land, the Peace of the Kingdom, and Privileges of Parliament, against any Force which shall oppose them: and this is all Men are bound to believe, tho they see the Protestant Religion, and the Professors thereof miserably reproached, and in danger of being destroyed by a vicious and malignant Party of Brownites, Anabaptists, and other Sectaries (the Principal Ring-leaders of whom have too great a Power even with some Members in both our Houses of Parliament) our Authority despised, and in as much as in them lies, taken from us, reviled in Pulpit and Presses by Persons immediately in their Protection, and of their Recommendation and our Person driven away by Tumults and rude Multitudes, against whom we can have no Justice; the course of Justice interrupted and stopped by Orders and Injunctions, never heard of till this Parliament; the Laws of the Land trampled under foot and frustrated, and new Laws attempted to be made and imposed upon our Subjects, without and against our Consent; the Peace of the Kingdom shaken and frightned away by discountenancing the Laws, absolving (as much as in them lies) the People from the Rules of Government and Obedience, and even declaring a War against us and the Laws of the Land. And lastly, the Privileges of Parliament so far extended, as if to the bare sound of Privilege of Parliament, the Liberty and Property of the Subject, the Dignity and Certainty of the Law were in such Subjection, as they may first make what Orders they please, and in what cases they please; and whosoever disputes those Orders, and submits not to those Votes, brerks their Privileges; and whosoever breaks their Privileges is an Enemy to the Commonwealth, and worthy of such other Attributes (either of favouring the Rebellion in Ireland, or advancing the War here) as are most likely to render that Person suspected or odious to the People. If in truth this be evidently and demonstrably the case, such Declarations will no more gain Credit with, or longer mislead our Subjects, than if they should tell them, that we are personally with them in London, when all Men see us here at York.
'As they have declared, (the best Argument or Evidence you are to look for) that all that they do is lawful, because they do it; so they proceed by the same Power to assure those who are apt to be deceived by them, that the Force already attending us (they would certainly do otherwise if they did really believe such Force to be about us) and the Preparation we are making, do evidently appear to be intended for some great and extraordinary Design, and do justify their former Votes of our Intention of levying War against our Parliament, and they have at last given some reason for that Vote and Declaration. They find by our several Declarations, that We intend Force against those who shall submit to the Ordinance of the Militia, and that we intend to make an Attempt upon Hull; in both which cases they are pleased to declare, that whatsoever Violence shall be used either against those who exercise this Militia, or against Hull, they cannot but take it as done against the Parliament. We are beholden to them that they have explained to all our good Subjects the meaning of their Charge against us, that by our Intention of making War against our Parliament, no more is pretended to be meant but our Resolution not to submit to the high Injustice and Indignity of the Ordinance, and the business of Hull. We have never concealed our Intentions in either of those Particulars (we wish they would deal as clearly with us) but have always and do now declare, That that pretended Ordinance is against the Law of the Land, against the Liberty and Property of the Subject, destructive to Sovereignty, and therefore not consistent with the very Constitution and Essence of the Kingdom, and to the Right and Privilege of Parliament; that we are bound by our Oath (and all our Subjects are bound by theirs of Allegiance and Supremacy, and their own Protestation lately taken to assist us) to oppose that Ordinance which is put already in Execution against us, not only by training and arming our Subjects, but by forcibly removing the Magazines from the Places trusted by the Counties to their own Houses, and guarding it there with armed Men: whither it will be next removed, and how used by such Persons, we know not.
'That the keeping us out of Hull by Sir John Hotham, was an Act of High-Treason against us, and the taking away our Magazine and Munition from us, was an Act of Violence upon us (by what Hands, or by whose Direction soever it was done) and in both cases, by the help of God and the Law, we will have Justice, or lose our Life in requiring it, the which we do not value at that rate as to preserve it with the Infamy of suffering our self to be robbed and spoiled of that Dignity we were born to. And if it be possible for our good Subjects to believe that such a Defence of out Self, with the utmost Power and Strength we can raise, is making a War against the Parliament, we do not doubt (however it shall please God to dispose of us in that Contention) but the Justice of our Cause will at the last prevail against those few malignant Spirits, who for their own Ends and ambitious Designs have to misled and corrupted the Understandings of our People; and that both our Houses of Parliament will in short time discern by their own Observation, and the Information we shall speedily give them, how near this flourishing Kingdom is brought to Ruin and Confusion by these Persons.
'And since neither our Declaration, nor the Testimony of so many of our Lords now with us, can procure Credit with these Men, but that they proceed to levy Horse, and to raise Money and Arms against us, we are not to be blamed, if after so many gracious Expostulations with them upon undeniable Principles of Law and Reason, which they answer only by voting that which we say, to be neither Law nor Reason, and so proceed actually to levy War upon us, to justify that which cannot be any otherwise defended; at last we make such Provision, that as we have been driven from London, and kept from Hull, we may not be suprized at York, but in a condition to resist, and bring to Justice those Men who would persuade our People, that their Religion is in danger, because we will not consent it shall be in their Power to alter it by their Votes; or their Liberty in danger, because we will allow no Judg of that Liberty but the known Law of the Land. Yet whatsoever Provision we shall be compelled to make for our Security, we will be ready to lay down as soon as they shall have revoked the Orders by which they have made Levies, and submit those Persons who have detained our Towns, carried away our Arms, and put the Militia in Execution, contrary to our Proclamation, to that Trial of their Innocence the Law directs, and to which they were born. If this be not submitted to, we shall with as good a Conscience (and we believe we shall not want the Affections of our good Subjects to that end) proceed against those who shall presume to exercise that pretended Ordinance for the Militia, and the other who keep our Town of Hull from us, as we would resist Persons who came to take away our Life, or our Crown from us, and therefore we shall again remember and require our City of London to obey our former Commands, and not to be misled by the Orations of these Men (who are made desperate by their Fortunes, or their Fortunes by them) who tell them their Religion, Liberty and Property is to be preserved no other way but by their Disloyalty to us; that they are now at the Brink of the River, and may draw their Swords when nothing pursues them but their own evil Consciences: Let them examine what excellent Fruits of Religion the Lives of those Men have brought forth, and what great Advancers they have been of the publick Liberty and Property: How long they have had those Opinions they would ruin them to defend, and how they came to those Opinions. Let them consider whether their Estates come to them, and are settled upon them by Order of both Houses, or by that Law which we defend? What Security they can have to enjoy their Own, when they have helped to rob us? And what a happy Conclusion that War is like to have, which is raised to oppress their Sovereign. That the Wealth and Glory of their City, is not like to be destroyed any other way, but (and that way inevitably it must) by rebelling against us: Nor their Wives and Children to be exposed to Violence and Villany, but by those who make their Appetite and Will the Measure and Guide to all their Actions. Let them not fancy to themselves melantholick Apprehensions, which are capable of no Satisfaction; but let them seriously consider what Security they can have that they have not under us, or have been offered by us. And whether the Doctrine these Men teach, and would have them defend, doth not destroy the Foundations upon which their Security is built.
'And we do lastly declare again, and publish to all the World, That we shall proceed against all Persons whatsoever that shall assist those Levies, by furnishing of Horse, Money and Plate, as against the Disturbers of the publick Peace, and the Authors of those Distractions which threaten the Ruin of us and this Kingdom.