Historical Collections: July 1642

Pages 751-760

Historical Collections of Private Passages of State: Volume 4, 1640-42. Originally published by D Browne, London, 1721.

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In this section

An Order to suppress Force, coming out of one County into another. Die Lunœ 4 Julii 1642.

It is this day resolved upon the Question, by the Lords and Commons assembled in Parliament, That in case any Force be brought out of one County into any other County of this Kingdom, to disturb the Peace thereof, That the Lord-Lieutenants and Deputy-Lieutenants of the Counties adjoining, upon notice given unto them of such Disturbance by the Lord-Lieutenant, or Deputy-Lieutenants where such Disturbance is made, be hereby required to give Aid and Assistance to the said other Lord-Lieutenants, and Deputy-Lieutenants, or any of them, so requiring the same for the present suppressing of such Force and disturbances of the Peace, by Voluntiers, and such of the Trained-Bands of their several Counties, that shall voluntarily go to give their Assistance.

Hen. Elsing Cler. Parl. Dom. Com.

A Declaration of the Lords and Commons assembled in Parliament, concerning the publishing of divers Proclamations and Papers, in Forms of Proclamations, in his Majesty's Name.

Against publishing the King's Proclamations, and Papers in the King's Name.

Whereas several Proclamations, Declarations, and Papers in Forms of Proclamations, have issued out, in his Majesty's Name, commanding Parsons, Vicars, Curates, Sheriffs Mayors, Bailiffs and other Officers, to publish and proclaim the same, being contrary to Law, and to divers Orders, Ordinances and Declarations of both Houses of Parliament, and much to the scandal and derogation of both the said Houses;

Be it ordered and declared by the Lords and Commons in Parliament, That no Sheriff, Mayor, Bailiff, Parson, Vicar, Curate, or other Officer, shall from henceforth Publish or Proclaim, or cause to be proclaimed or published, any such Proclamations, Declarations or Papers, which are or shall be contrary to any Order, Ordinance, or Declarations of the said Houses of Parliament, or tending to the Scandal or Derogation of their Proceedings, but shall use all lawful Ways and Means to restrain and Linder the Proclaiming and Publishing thereof. And all Sheriffs, Mayors, Bailiffs, Parsons, Vicars and Curates, or other Officers that have forborn or refused, or shall forbear or refuse to publish or proclaim any such Proclamations, Declarations or Papers as aforesaid, or have or shall hinder the Publication thereof, shall be protected by the Power and Authority of both Houses of Parliament.

Ordered by the Commons in Parliament, That this be forthwith printed and published.

Hen. Elsing Cler. Parl. Dom. Com.

A Letter from the Earl of Warwick Admiral of the Sea, to John Pym Esq; and presented to both Houses of Parliament, July 6. 1642.

Earl of Warwick's Letter upon the Kings sending to discharge him the Command of the Fleet.

Mr. Pym;
Before these shall come to your Hand, I make no doubt but Mr. Nicholls of the House of Commons hath made both Houses a Relation of what hath passed here, since I received his Majesty's Letters for the discharging me of the Command of the Fleet wherewith I was instrusted: How I called a Council of War, and acquainted them with his Majesty's Letters, and likewise with the Ordinance of Parliament, sent from the Houses for me to continue my Charge. I confess it was a great Streight that I was in, between two Commands that have so much Power over me: But when I consider the great Care which I have ever observed in the Parliaments of this Kingdom, for the Good and Safety of the King and Kingdom, and every Man's particular in them; and that they are that great Council, by whose Authority the Kings of England have ever spoken to their Subjects; and likewise, that the Trust of his Fleet for the Defence of his Majesty and the Kingdoms was committed to me by them; and knowing the Integrity of my own Heart to his Majesty and Parliament, I resolved not to desert that Charge committed to my Trust, wherein God (blessed be his Name for it) hath made me hitherto so successful, but to continue it until I shall be revoked by that Authority that hath entrusted me with it; which having declared to my Captains at the Council of War, all of them unanimously and chearfully took the same Resolution, excepting five, which was the Rear Admiral, Captain Fogge, Capt. Barley, Capt. Slingsby, and Capt. Wake; all which five refused to come upon my Summons, as having no Authority over them, and got together round that Night to make their Defence against me; only Capt. Barley came in and submitted to me; whereupon in the Morning I weighed my Anchors, and caused the rest of my Ships so to do, and came to an Anchor round about them, and besieged them: And when I had made all things ready, I summoned them; Sir John Mennes and Capt. Fogge came in to me, but Capt. Slingsby and Capt. Wake stood out: whereupon I let fly a Gun over them, and sent them word I had turned up the Glass upon them; if in that space they came not in, they must look for me aboard them: I sent to them by my Boat, and most of the Boats in the Fleet; their Answer was so peremptory, that my Masters and Saylors grew so impatient on them, that altho they had no Arms in their Boats at all, yet God gave them such Courage and Resolution, as in a moment they entred them, took hold of their Shrouds, and seized upon these Captains, being armed with their Pistols and Swords, and struck their Yards and Top-masts, and brought them both in to me: The like Courage and Resolution was never seen amongst unarmed Men, so as all was ended without effusion of Blood, which I must attribute to the great God of Heaven and Earth only, who in the moment that I was ready to give Fire on them, put such Courage into our Men to act it, and so saved much Blood.

I hope the Parliament will think of some course for all our Indemnities, and especially the Officers of the Navy, and principally for the Surveyor of the Navy, my Vice-Admiral, a very able and good Man: for my self, I doubt not but they that put me in this Employment, will preserve me for serving them faithfully.

I pray you, Sir, be a means to Sir Robert Pye and Mr. Green, that some Money may be sent us, for it hath been often promised, but we hear not of it, the Weather continuing stormy so long together, that we spend our Masts and Top-masts, or some detriment or other falls upon us daily, so that we are in great Extremity for want of Money.

Thus having nothing else to trouble you for the present, only that you will be pleased to acquaint your House of Commons with our Proceedings here, I bid you farewel, and rest,

Your assured Friend to serve you,

From aboard his Majesty's Ship
James on the Downs, this
4th of July, 1642.

Die Mercurii 6 Julii, 1642.

Ordered by the Lords in Parliament, that this Letter be forthwith printed and published.

Jo. Brown, Cleric. Parliamentorum.

A Speech by Sir Benjamin Rudyard, in the House of Commons, July the 9th, 1642. concerning a War.

Mr. Speaker,
'In the way we are, we have gone as far as words can carry us: we have voted our own Rights and the King's Duty. No doubt there is a relative Duty between King and Subjects, Obedience from a Subject to a King, Protection from a King to his People. The present unhappy distance between his Majesty and the Parliament, makes the whole Kingdom stand amazed, in a fearful Expectation of dismal Calamities to fall upon it; it deeply and conscionably concerns this House, to compose and settle these threatning ruining Distractions.

'Mr. Speaker, I am touched, I am pierced, with an apprehension of the Honour of the House, and Success of this Parliament. The best way to give a stop to these desperate imminent Mischiefs, is to make a fair way for the King's return hither; it will likewise give best satisfaction to the People, and will be our best Justification.

'Mr. Speaker, That we may the better consider the Condition we are now in, let us set our selves three Years back: If any Man then could have credibly told us, that within three Years the Queen shall be gone out of England into the Low-Countries, for any Cause whatsoever; the King shall remove from his Parliament, from London to York, declaring himself not to be safe here; that there shall be a total Rebellion in Ireland, such Discords and Distempers both in Church and State here, as now we find, certainly we should have trembled at the thought of it: wherefore it is fit we should be sensible now we are in it. On the other side; If any Man then could have credibly told us, that within three Years we shall have a Parliament, it would have been good News; that Shipmoney should be taken away by Act of Parliament, the Reasons and Grounds of it so rooted out, as that neither it, nor any thing like it, can ever grow up again; that Monopolies, the High-Commission Court, the Star-Chamber, the Bishops Votes shall be taken away, the Council-Table regulated and restrained, the Forests bounded and limited; that we should have Triennial Parliaments; and more than that, a perpetual Parliament, which none shall have Power to dissolve without your selves; we should have thought this a Dream of Happiness: yet now we are in the real Poffession of it, we do not enjoy it, altho his Majesty hath promised and published he will make all this good to us. We stand chiefly upon further Security; whereas the very having of these Things, is a convenient fair Security, mutually securing one another. There is more security offered, even in this last Answer of the King's, by removing the personal Votes of Popish Lords, by the better Education of Papists Children, by supplying the Defects of Laws against Recusants; besides what else may be enlarged and improved by a select Committee of both Houses named for that purpose. Wherefore, Sir, let us beware we do not contend for such a hazardous unsafe Security, as may endanger the loss of what we have already. Let us not think we have nothing, because we have not all we desire; and tho we had, yet we cannot make a Mathematical Security, all humane Caution is susceptible of Corruption and Failing; God's Providence will not be bound, Success must be his: He that observes the Wind and Rain, shall neither sow nor reap; if he do nothing till he can secure the Weather, he will have but an ill Harvest.

'Mr. Speaker, It now behoves us to call up all the Wisdom we have about us, for we are at the very brink of Combustion and Confusion: If Blood begins once to touch Blood, we shall presently fall into a certain Misery, and must attend an uncertain Success, God knows when, and God knows what; every Man here is bound in Conscience to employ his uttermost Endeavours to prevent the effusion of Blood: Blood is a crying Sin, it pollutes a Land; let us save our Liberties, and our Estates, as we may save our Souls too. Now I have clearly delivered my own Conscience, I leave every Man freely to his.

[The Parliament now having thoughts of raising an Army; upon the Debate thereof, one of the Members declared his Opinion in these words.]

Mr. Whitlock's Speech concerning a War.

Mr. Speaker,
'The Question which was last propounded about raising of Forces, naming a General, and Officers of an Army, hath been very rare before this time in this Assembly; and it seems to me to set us at the Pit's Brink, ready to plunge our selves into an Ocean of Troubles and Miseries, and (if it could be) into more than a Civil War brings with it.

'Give me leave, Sir, to consider this unhappy Subject, in the Beginning, Progress and Issue of it.

'Cesar tells us, (and he knew as much of Civil War as any Man before him) that it cannot be begun sine malis artibus.

'Surely, Sir, our Enemies, of the Popish Church, have left no evil Arts unessayed to bring us to our present Posture, and will yet leave none unattempted to make our Breaches wider, well knowing that nothing will more advance their Empire than our Divisions.

'Our Misery, whom they account Hereticks, is their Joy, and our Distractions will be their Glory, and all evil Arts and Ways to bring Calamities upon us, they will esteem meritorious.

'But, Sir, I look upon another beginning of our Civil War; God blessed us with a long and flourishing Peace, and we turned his Grace into Wantonness, and Peace would not satisfy us without Luxury, nor our Plenty without Debauchery; instead of Sobriety and Thankfulness for our Mercies, we provoked the Giver of them by our Sins and Wickedness, to punish us (as we may fear) by a Civil War, to make us Executioners of Divine Vengeance upon our selves.

'It is strange to note how we have insensibly slid into this beginning of a Civil War, by one unexpected Accident after another, as Waves of the Sea, which hath brought us thus far, and we scarce know how, but from Paper Combates, by Declarations, Remonstrances, Protestations, Votes, Messages, Answers and Replies. We are now come to the Question of raising Forces, naming a General and Officers of our Army.

'But what, Sir, may be the Progress hereof, the Poet tells you;

Jusq; datum sceleri canimus, populumq; potentem
In Jua victrici conversum viscera dextra.

'We must surrender up our Laws, Liberties, Properties and Lives, into the Hands of insolent Mercenaries, whose Rage and Violence will command us and all we have, and Reason, Honour and Justice will leave our Land, the Ignoble will rule the Noble, and Baseness will be preferred before Virtue, Prophaneness before Piety.

'Of a potent People we shall make our selves weak, and be the Instruments of our own Ruin; Perditio tua ex te, will be said to us: we shall burn our own Houses, lay waste our own Fields, pillage our own Goods, open our own Veins, and eat out our own Bowels.

'You will hear other Sounds besides those of Drums and Trumpets, the clattering of Armour, the roaring of Guns, the groans of wounded and dying Men, the shrieks of destowred Women, the cries of Widows and Orphans, and all on your Account, which makes it the more to be lamented.

'Pardon, Sir, the warmth of my Expression on this Argument, it is to prevent a Flame which I see kindled in the midst of us, that may consume us to Ashes. The Sum, of the Progress of Civil War, is the rage of Fire and Sword, and (which is worse) of brutish Men.

'What the Issue of it will be, no Man alive can tell: Probably few of us now here may live to see the End of it. It hath been said, That he that draws his Sword against his Prince, must throw away the Scabbard. Those Differences are scarce to be reconciled: These Commotions are like the deep Seas, which being once stirred, are not soon appeased.

'I wish the Observation of the Duke de Rohan, in his Interest of Christendom, may prove a Caution, not a Prophecy; he faith of England, That it is a great Creature, which cannot be destroyed but by its own Hand. And there is not a more likely Hand than that of Civil War to do it.

'The Issue of all War, is like a cast at Dice, none can tell upon what square the Alea Belli will light; the best Issue that can be expected of a Civil War, is, ubi victor flet, & vict us perit. Which of these writ be our Portion, is uncertain, and the choice would be avoided.

'Yet, Sir, when I have said this, I am not for a lame Resignation of our Religion, Lives and Liberties into the Hands of our Adversaries, who seek to devour us; nor do I think it inconsistent with your great Wisdom, to prepare for a just and necessary Defence of them.

'It was truly observed by a Noble Gentleman, That if our Enemies find us provided to resist their Attempts upon us, it will be the likeliest way to bring them to an Accord with us. And upon this Ground I am for the Question.

'But I humbly move you to consider, whether it be not yet too soon to come to it? We have tried by the Proposals of Peace to his Majesty, and they have been rejected: Let us try yet again, and appoint a Committee, who may review our former Propositions.

'And where they find the Matter of them (as our Affairs now are) fit to be altered, that they present the Alterations to the House, and their Opinions; and that as far as may stand with the Security of us and our Cause, we may yield our Endeavours to prevent the Miseries which look black upon us, and to settle a good Accommodation, so that there may be no Strife between us and those of the other Party, for we are Brethren.

[After great Debates, the following Votes passed.]

Die Martis 12 Julii, 1642.

The Votes for raising an Army.

Resolved upon the Question, That an Army shall be forthwith raised for the Safety of the King's Person, Defence of both Houses of Parliament, and of those who have obeyed their Orders and Commands, and preserving of the true Religion, the Laws, Liberty and Peace of the Kingdom.

Essex to be General.

Resolved upon the Question, That the Earl of Essex shall be General.

Resolved upon the Question, That this House doth declare, That in this Cause, for the Safety or the King's Person, defence of both Houses of Parliament, and of those who have obeyed their Orders and Commands, and preserving of the true Religion, the Laws, Liberty and Peace of the Kingdom, they will live and die with the Earl of Essex whom they have nominated General in this Cause.

A Petition to his Majesty to prevent a Civil War.

Resolved upon the Question, That a Petition shall be framed, to move his Majesty to a good Accord with his Parliament to prevent a Civil War.

[The Petition being drawn, was agreed upon the Question, and with these Votes was presented unto the Lords; who returned answer, They did concur with the House of Commons in omnibus.

Whereupon both Houses ordered, That the Earl of Holland, Sir John Holland, and Sir Philip Stapleton, should forthwith repair to Beverly, and present the Petition unto his Majesty.

The Message of the 11th of July came to the House of Peers, after this Petition was agreed on: which being so full an Answer thereunto, both Houses resolved to give no other Answer to that Message but the said Petition. See this Message from the King of the 11th of July, and this Petition of the two Houses, with his Majesty's Answer, and their Reply, in the Chapter of Hull.]

Subscriptions to be brought in.

Resolved upon the Question, July 14. 1642. That all the Members of this House that have subscribed for the bringing in of Horse, Money or Plate, do bring in the same by Tuesday next, and that a Report be made then to the House who are defective herein.

Bedford General of the Horse.

Resolved upon the Question, That the Earl of Bedford shall be General of the Horse.

A Declaration of the Lords and Commons now assembled in Parliament, concerning the miserable Distractions and Grievances this Kingdom now lieth under, by means of Jesuitical and wicked Counsellors now about his Majesty.

It cannot be unknown to the World, how powerful and active the wicked Counsellors about his Majesty have been, both before and since this Parliament, in seeking to destroy and extinguish the true Protestant Religion, the Liberty and Laws of the Kingdom; and that after many traiterous Endeavours against the Parliament, by God's Providence discovered and frustrated, they drew his Majesty into the Northern Parts, and in his Name did publish divers false Scandals and ignominious Reproaches against the Lords and Commons, making his Majesty's Court a Sanctuary for all kind of Delinquents against the Justice and Privilege of Parliament, and drawing to York by Letters, and other Means, divers Members of both Houses, and setting up there a counterfeit imaginary Usage of the great Council of Peers, in opposition to the Parliament, to the great danger, not only of the Disturbance, but even of the Subversion of the original Constitution and Frame of this Kingdom.

And that the way to the great change in Religion and Government intended, might be made more easy and passable, many of those who have shewed themselves faithful to the Cause of God and the Kingdom, either in Parliament or in the Country, are put out of the Commission of the Peace, and other Publick Employments. The Sheriff of Leicester labouring to keep the Peace there (when Mr. Henry Hastings marched from Loughborough in Leicestershire, with about 200 Foot, and 100 Horse, of which many were drawn out of Derbyshire, armed in a warlike manner, with Pistols, Pikes and Muskets, their Drums beating, and Colours flying, intending to seize upon the Magazine of the County) was for his good Service put out of his Office, and Mr. Hastings (the Person who committed this Outrage) made Sheriff in his place. Divers great Lords, his Majesty's Servants, in places of Nearness and Trust, Persons of high Honour, Merit and Abilities, as the Earls of Pembroke, Essex, Holland, and the Lord Fielding, displaced, for no other Cause but discharging their Conscience in Parliament; besides divers Members of the House of Commons, one of which hath long served his Majesty in Places of Honour, and had always been in great Favour and Esteem, till he faithfully discharged his Duty in Parliament.

And last of all, the Earl of Northumberland put from the place of High Admiral, a Man so eminent in all Qualifications of Honour and Sufficiency, so necessary for the State at this time, when so many Ships are at Sea, and the Kingdom in so much trouble and distraction, that there can hardly be named a more mischievous Effect of wicked Counsel, or dangerous Preparative to future Confusion, than the bereaving the State of the Service of so noble and vertuous a Person as he is. The consideration whereof, enforceth both Houses to declare, that they cannot think the Kingdom in Safety, nor themselves to have discharged the Trust which lies upon them, till they have done their uttermost, by all fit Ways, to procure that Office to be restored, whereby the Command of the Ships, which are the Walls of the Kingdom, may again be settled in the Charge of that noble Lord.

In the midst of these unjust and destructive Courses, to blind the Eyes of the Multitude, and disguise their malicious and cruel Intentions, under the semblance of Peace and Justice, they have drawn His Majesty to make divers solemn Protestations, with fearful Imprecations upon himself, and Invocations of God's Holy Name, That he intended nothing but the Peace and Welfare of his People, the Maintenance of Religion, and the Laws of the Kingdom, and for his own Security, only to raise a Guard for His Person; and that he did from his Soul abhor the thought of making War against the Parliament, or to put the Kingdom into a Combussion. But having, under this Colour, kept about him divers Soldiers and Officers, and gathered some Strength, the Intentions do now appear with a more open Face, by these His Majesty's ensuing Actions and Proceedings. Which the Lords and Commons have thought good to publish, that all the Subjects of the Kingdom may understand what Dangers and Miseries are coming upon them, if not timely prevented.

A Garrison of Soldiers is, by His Majesty's Orders, put into Newcastle, under the Command of the Earl of Newcastle, who should have formerly seized upon Hull, if by the Wisdom of the Parliament he had not been prevented.

The Papists in Cheshire have lately, in a very peremptory manner, and in His Majesty's Name, demanded their Arms, taken from them by the Direction of both Houses of Parliament, to be again restored to them. The Earl Rivers, lately a notorious professed Papist, and still suspected to be a Papist, although he now comes to Church, as many other dangerous Papists do, on purpose, as is conceived, to make themselves capable of Employment, is put into the Commission of Array, being against Law, and the Liberty of the Subject which he hath executed with Rigour, and hath committed divers Persons to Prison for refusing to submit thereunto, contrary to the Law and the Petition of Right.

The Mouth of the River Tyne is fortified, whereby the whole Trade of Newcastle for Coal or otherwise, will be subject to be interrupted whensoever His Majesty shall please; and the City of London, and many other parts of the Kingdom exceedingly burdened and distressed.

A Ship laden with Cannon for Battery, and other lesser Ordnance, Powder and Ammunition, is come into the River of Humber; which also hath brought divers Commanders from Foreign Parts; and in this Ship, as we are credibly informed, were Mr. Henry Wilmot, Sir John Barkley, and Sir Hugh Pollard, three of those who stand Charged in Parliament, for being privy to the Design of bringing up the Army; and amongst others the Lord Digby, a Person accused in Parliament of High-Treason; who when he began to be questioned, fled out of the Kingdom, and advised His Majesty, by Letters, to that Course which he hath since pursued, of withdrawing himself from his Parliament to a Place of Strength, and that then he intended to come to him, and in the mean time would do him Service Abroad.

Divers other large Preparations of Warlike Provisions are made beyond the Sea, and shortly expected; besides great numbers of Gentlemen, Horses and Arms, drawn from all parts of the Kingdom; and all the Gentlemen in Yorkshire, required to bring in their Horses for his Majesty's Service.

Sundry Commissions are granted for raising Horse; and divers Officers of the Army are already appointed.

Upon Monday morning, being the 4th of July, His Majesty came to Beverly with an Army of a considerable number of Horse and Foot, some Regiments of the Trained-bands being likewise commanded to be raised.

Among the Soldiers in this Army, there are divers Papists, and other Persons of desperate Fortune and Condition, ready to execute any Violence, Rapine and Oppression.

Some Troops of Horse are sent into Lincolnshire, to the great Terror of the Well-affected People, who are thereby forced, either to forsake their Dwellings, or to keep them with Armed Men.

They begin already to take away Mens Horses by Force, and to commit other Acts of Hostility, and have uncivilly used a Gentleman sent from the Parliament with a Letter to His Majesty.

Provisions are restrained from coming to Hull, and His Majestly is shortly expected to come thither with his Army, notwithstanding the Place is in the custody of the Parliament, as hath been often declared to His Majesty by both Houses, and kept by them for His Majesty's Service, and the Peace of the Kingdom; whereof, as soon as they may be secured, they intend to leave the Town in the state it was.

The War being thus by His Majesty begun, the Lords and Commons in Parliament hold themselves bound in Conscience to raise Forces for the preservation of the Peace of the Kingdom, and Protection of the Subjects in their Persons and Estates, according to Law, the Defence and Security of Parliament, and of all those who have been employed by them in any Publick Service for these Ends, and through God's Blessing, to disappoint the Designs and Expectations of those who have drawn His Majesty to these Courses and Counsels, in favour of the Papists at Home, the Rebels in Ireland, and the Foreign Enemies of our Religion and Peace.

In the opposing of all which, they desire the concurrence of the well-disposed Subjects of this Kingdom, and shall manifest by their Courses and Endeavours, that they are carried by no Respects but of the Publick Good, which they will always prefer before their own Lives and Fortunes; and shall ever be most earnest in their Counsels and Endeavours to prevent a Civil War, and those miserable Effects in must needs produce, if they may be avoided without endangering the alteration of Religion, which is the main End of those who have been the Authors and Counsellors of His Majesty's undertaking this War, and will necessarily draw with it a loss of Liberty, and subversion of the Law of the Kingdom; so that it rests only that the Free-born English Nation do consider whether they will adhere to the King and his Parliament, by which they have so long enjoyed all that is dear unto them; or to the King seduced by Jesuitical Counsel and Cavaliers, who have designed all to Slavery and Confusion; which, by God's Blessing, and our joint Endeavours, may be timely prevented.

A Declaration of the Lords and Commons in Parliament, declaring, That none shall Apprehend or Arrest any of His Majesty's Subjects or Servants that obey the Ordinance of Parliament, under pretence of His Majesty's Warrant. Die Mercurij 12 Julij, 1642.

Such as obey the Parliament, not to be Arrested by Warrant from the King.

The Lords and Commons in Parliament do declare, That it is against the Laws and Liberties of the Kingdom, that any of the Subjects thereof should be compelled by the King to attend him at his Pleasure, but such as are bound thereto by special Service: And if any Messenger or Officer shall, by Colour or Command from His Majesty, or Warrant under His Majesty's Hand, Arrest, Take or Carry away any of his Majesty's Subjects, to any Place whatsoever, contrary to their Wills, that it is both against the Laws of the Land, and Liberties of the Subjects, and to the Disturbance of the Publick Peace of the Kingdom. And any of his Majesty's Subjects so Arrested, may lawfully refuse to obey such Arrest and Commands.

Ordered by the Lords in Parliament, that this Declaration shall be forthwith printed and published.

John Brown Cler. Parl.

His Majesty's two Letters, one to the Vice-Chancellor of Oxford, the other to the Sheriff of the County, and the Mayor of Oxford, July 18th, 1642. Charles R.

To our Trusty and Well-beloved the Vice-Chancellor of the University of Oxford, and to all the rest of our Loyal Subjects in that our University.

'Reverend Father in God, We greet you well. Whereas We have received a most large and ample Testimony of the Affection of that our Loyal University to Us, by the free Loan of a very considerable Sum of Money in a time of so great and imminent Necessity: These are to will and require you, to give to that our University from us, our Royal Thanks, and to assure them, and every of them, (our Loving and Loyal Subjects) that this Testimony of their Hearts towards Us, shall never depart out of our Royal Memory, and that both they shall be carefully repaid, and the Money employed only upon the Defence of Our Self, and the true Protestant Religion, and the Laws established in this our Kingdom. And whereas We hear that for this Action, so full of Loyalty and Allegiance, some of that our University have been ordered to be sent for; These are to will and require you to signify unto them and every of them (who assume such Power without Us) That We Will and Command, that no Obedience be given to any such Summons, holding Our Self bound to Protect and Defend those who shall be persecuted for that Cause, of having contributed to our Defence and Protection; and so We bid you farewel.

'Given at our Court at Beverly, the 18th day of July, 1642.

Charles R.

To our Trusty and Well-beloved the High-Sheriff of our County, and the Mayor of our City of Oxford.

The King's Letter to the Sheriff and Mayor of Oxford, July 22.

'Trusty and Well-beloved, We greet you well. Whereas We have lately received very ample Testimonies of the good Affections of our University of Oxon, by the Loan of such Monies as could be thence spared for the Supply of Our urgent and extraordinary Occasions; for which dutiful and affectionate Expression, We are informed that several worthy Persons of that our University, our Servants and others, are threatened to be troubled and molested; We have thought fit to commend the Care, Assistance and Protection of that Place, and of the Persons in it, to you, as a Service wherein you shall merit our Favour and good Acceptance, and of which We shall require an Account. And we do therefore will and require you, as you tender our Displeasure, if any Warrant, Order, or other Direction whatsoever shall come to your hand, for the apprehending or troubling any Person or Persons of that our University, for his good Affection to our Service, in advancing the business of lending and supplying Us with Money, which We shall never forget; that you be so far from countenancing or assisting any such Warrant or Direction, that, on the contrary, you use your utmost Power to preserve those our good Subjects from such Oppression, the which We shall take in very good part at your Hand, and for so doing this shall be your Warrant.

'Given at our Court at Nottingham, July 22d, 1642.

Sentence pronounced by the Lords against one Escott, for speaking scandalously of the Parliament.

Die Martis, 26 Julij, 1642.

This House having been informed, That one John Escott of Launceston in the County of Cornwall, hath spoken very false, scandalous and seditious Words against this Parliament, was this day called to the Bar as a Delinquent; and Henry Willes Gent. of Launceston aforesaid, having taken his Oath, testified at the same time, That on the 13th of May last past, he heard the said Escott say, That he never knew or heard of a Parliament that did proceed so basely, as this present Parliament did, and that many able honest Men of the House were grieved at their Proceedings. And Robert Nettle another Witness, being called to the Bar, and Sworn, did then testify upon Oath, That he likewise heard the said Escott say, That this was the basest Parliament that ever was, and that they were a Company of Round-heads. After which Evidence, the Witness and Delinquent were withdrawn, and the Lords entring into a serious Consideration of the said false, scandalous and seditious Words spoken by the said Escott, as aforesaid, and the manifest and plain Proof of the said Speeches; having the said Delinquent brought unto the Bar again, who kneeled until he was bid stand up, did, by their Speaker, pronounce this Judgment against him, viz.

  • 1. That the said John Escott shall be fined unto our Sovereign Lord the King the Sum of One Hundred Pounds.
  • 2. That he shall stand on the Pillory in Cheap side, and in the new Palace at Westminster, with a Paper on his Head declaring his Offence.
  • 3. That he shall pay Ten Pounds to Robert Nettle for his Charges.
  • 4. That he shall be Imprisoned in Newgate during the Pleasure of this House.
  • 5. That he shall find sufficient Sureties for the Good Behaviour, when this House shall think good to Release him, and that he shall stand publickly with a Paper on his Head expressing his Offence, at the next Quarter Session to be held for the County of Cornwal after his Releasement.

Die Jovis 28 Julij, 1642.

Sentence pronounced by the Lords a against one Marston, for speaking scandalously of the Parliament, July 28.

The House having been informed, That John Marston, Clerk, Rector of the Parish-Church of St. Mary Magdalen 's in the City of Canterbury, and Vicar of the Parish of St. Mary Bredden in the said City, being a Man of a scandalous Life, hath spoken very false, seditious and opprobious Words against this Parliament, was this day called to the Bar as a Delinquent: and John Franklin of the said City of Canterbury, Draper, having taken his Oath, testified at the same time, That on or about the 6th of May, 1642, he meeting with the said Mr. Marston, talked with him of some good News from Ireland, set forth by Order of Parliament: The said Mr. Marston replied, That the Parliament set forth Flams, to cozen and cheat the Country, and to get their Money. And the said Mr. Marston speaking of the Petition of Sir. Edward Deering, he said, I would stab the Heart-Blood of those that should speak against that Petition: and further said, that there would be Bloodshed in England before Midsummer -Day. And Thomas Bridg of the said City of Canterbury, Grocer, another Witness, being called to the Bar, and Sworn, did then testify, That on the 3d day of May last, he passing by the said Mr. Marston and John Franklin, whilst they were in discourse, heard the said Franklin tell the said Marston, That there was good News from Ireland, and that surely it was true, for that it was set out by the Parliament's Order: Whereunto the said Mr. Marston answered, That the Parliament did set out those Flams, only to cozen and cheat the Country, and get their Money. After the giving of which Evidence, both the Witnesses and Delinquet were withdrawn; and the Lords entring into a serious Consideration of the said false, seditious and opprobrious Words spoken by the said Marston, as aforesaid, and the manifest and plain Proof of the Speeches, and what ill Consequence might ensue, if such Offences should pass without exemplary Punishment, commanded the said Delinquent to be brought to the Bar again, who kneeled untill he was bid stand up.

The Lords in Parliament did by their Speaker pronounce this Judgment against him, in hœc verba, viz.

  • 1. That the said John Marston, Clerk, shall be deprived of all his Ecclesiastical Livings, Dignities and Preferments.
  • 2. That he shall be disabled, and held uncapable hereafter to hold any Place or Dignity in Church or Common-wealth.
  • 3. That he shall be Imprisoned in the Prison of the Gate-house, Westminster, during the Pleasure of this House.
  • 4. That when this House should think fit to free him of this Imprisonment, he shall put in sufficient Sureties for the Good Behaviour.