Historical Collections of Private Passages of State: Volume 4, 1640-42. Originally published by D Browne, London, 1721.
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CHAP. VIII. Messages, Answers, Replies, &c. between the King and the two Houses, touching the Treaty for Peace, after His Majesty's setting up his Standard.
A Declaration of the Lords and Commons assembled in Parliament.
We the Lords and Commons in Parliament assembled, having taken into serious Consideration, the present State and Condition of imminent Danger in which the Kingdom now stands, by reason of a Malignant Party prevailing with his Majesty; putting him upon violent and perilous Ways, and now in Arms against us, to the hazarding of his Majesty's Person, and for the Oppression of the true Religion, the Laws and Liberties of this Kingdom, and the Power and Privilege of Parliament: all which every honest Man is bound to defend, especially those who have taken the late Protestation, by which they are more particularly tied unto it, and the more answerable before God, should they neglect it: Wherefore we finding our selves engaged in a Necessity to take up Arms likewise for the Defence of these, which otherwise must sutter and perish; And having used all the good Ways and Means to prevent Extremities, and preserve the Peace of the Kingdom (which good Endeavours of ours the Malignity of our Enemies hath rendred altogether successless and vain) do now think fit to give this Account unto the World, to be a Satisfaction unto all Men of the Justice of our Proceedings, and a Warning unto those who are involved in the same Danger with us, to let them see the Necessity and Duty which lies upon them, to save themselves, their Religion and Country; for which Purpose we set out this ensuing Declaration:
That it appears by the Answer which his Majesty hath given to the humble Petition for Peace, presented unto him by both Houses of Parliament, and those Demands which he makes, That the Design which hath been so long carried on to alter the Frame and Constitution of this Government both in Church and State, is now come to ripeness; and the Contrivers of it conceive themselves arrived to that Condition of Strength, that they shall be able to put it in present execution.
For, what else can be signified by the demanding of Hull, the Fleet, and the Magazine to be immediately delivered up, all our Preparations of Force to cease, and the defensive Arms of the Parliament to be laid down, and the Parliament to be adjourned to another Place, than that we should, out of the sense of our own Inability to make Resistance, yield our selves to the cruel Mercy of those who have possessed the King against us, and incited him to violate all the Privileges, and revile the Persons and Proceedings of the Parliament? Or else, if (as it cannot be otherwise conceived) we do not grant what is so unreasonable and destructive, forthwith to bring on that Force which is prepared against us by the Concurrence and Assistance of Papists, an ambitious and discontented Clergy, Delinquents obnoxious to the Justice of Parliament; and some ill-affected Persons of the Nobility and Gentry, who out of their desire of a dissolute Liberty, apprehend, and would keep off the Reformation intended by the Parliament.
These Persons have conspired together to ruin this Parliament, which alone hath set a stop to that Violence so long intended, and often attempted for the alteration of Religion, and subversion of the Laws and Liberties of the Kingdom.
How far we were plunged in a miserable expectation of most evil Days, and how fast this growing Mischief prevailed upon us before the Parliament, needs not how be declared, it being so fresh and bleeding in every Man's Memory; Religion was made but Form and Outside, and those who made Conscience to maintain the Substance and Purity of it, whether Clergy or others, were discountenanced and oppressed, as the great Enemies of the State. The Laws were no Defence nor Protection of any Man's Right, all was subject to Will and Power, which imposed what Payments they thought fit, to drain the Subjects Purse, and supply those Necessities, which their ill Counsels had brought upon the King, or gratify such as were Instruments in promoting those illegal and oppressive Courses. They who yielded and complied, were countenanced and advanced; all others disgraced and kept under; that so Mens Minds made poor and base, and their Liberties lost and gone, they might be ready to let go their Religion, whensoever it should be resolved to alter it; which was and still is the great Design, and all else made use of but as instrumentary and subservient to it.
When they conceived the way to be sufficiently prepared, they at last resolved to put on their Master-piece in Scotland (where the same method had beed followed) and more boldly to unmask themselves, in imposing upon them a Popish Service-Book: For well they knew the same Fate attended both Kingdoms, and Religion could not be altered in the one without the other. God raised the Spirits of that Nation to oppose it, with so much Zeal and Indignation, that it kindled such a Flame, as on Expedient could be found but a Parliament here to quench it.
This Necessity brought on this Parliament, and the same Necessity gave it in the beginning, Power to act with more Vigor and Resolution than former Parliaments had done, and to set up a Reformation of the great Disorders both in the Ecclesiastical and Civil State, which drew a more particular Envy and Odium upon it, than was usual to the generality of Parliaments, and was a cause that those who had swallowed up in their Thoughts our Religion and Liberties, and now saw themselves defeated by this means, bended all their Endeavours, and raised all their Forces to destroy it.
First; Whilst the Scotish Army remained here, they endeavoured to incense the two Nations, and engage their Armies one against the other, that in such a Confusion as needs must have followed, the Parliament might not be able to sit; and those Forces destroying one another, might open some Opportunity for them to gain their Ends upon both Kingdoms; and that then as their Need, so the Being of the Parliament might cease. The Wisdom of the Parliament prevented that Mischief, and composed those great Differences betwixt the King and the Kingdom of Scotland. That Plot failing, they endeavoured to turn the English Army against the Parliament: this was discovered, the chief Actors fled, and the Danger avoided. Then they labour to stir up the Scotish Army against us; but such was the Faithfulness and Affection of those our Brethren, that they could not effect it.
After this they carry the King into Scotland, to try if a Party could be there raised to suppress, first, the good Party in that Kingdom, and so compass their intended Purpose here. At the same time the Rebellion in Ireland (an Egg likewise of their hatching) breaks out, but their Plot failed in Scotland: yet upon hopes of success there, such Preparatives were here, and such Recourse of ill-affected Persons to this Town, that the Parliament thought it necessary, for their own Security, to have a Guard. The King, upon his return, instantly dismisses that Guard, and puts another upon us, which produced such ill Effects, as we were glad to dismiss them, and rather run any hazard than have any such Guard
Thus left naked, presently some Members of both Houses are unjustly charged with Treason; and the King comes with a Troop of Cavaliers to the House of Commons to fetch those away by Force, whom he had caused to be so unjustly accused; the greatest Violation of the Privileges of Parliament that ever was attempted, and so manifest a Destruction of the Rights of the Subject, which are only preserved by Parliament, that the City of London took a pious and generous Resolution to guard the Parliament themselves; which so grieved and enraged those wicked Persons, who had engaged the King in that last, and all those other Designs and Practices against the Parliament, that they make him forsake Whitehall, under pretence that his Person was there in danger, a Suggestion as false as the Father of Lyes can invent.
Then do they work upon Him, and upon the Queen, perswade her to retire out of the Kingdom, and carry him farther and farther from the Parliament, and so postess him with an hatred of it, that they cannot put Words bitter enough into his Mouth, to express it upon all Occasions: They make him cross, oppose, and inveigh against all the Proceedings of Parliament; encourage and protect all those who will affront it; take away all Power and Authority from it, to make it contemptible and of less esteem than the meanest Court; draw away the Members, commanding them to come to him to York, and instead of discharging their Duty in the Service of the Parliament, to contribute their Advice and Assistance to the Destruction of it: endeavour to possess the People, that the Parliament will take away the Law, and introduce an Arbitrary Government; a thing which every honest moral Man abhors, much more the Wisdom, Justice and Piety of the two Houses of Parliament: And in truth, such a Charge, as no rational Man can believe it, it being unpossible so many several Persons as the Houses of Parliament consist of, (about 600) and in either House all of equal Power, should all of them, or at least the major part, agree in Acts of Will and Tyranny, which make up an Arbitrary Government; and most improbable, that the Nobility, and chief Gentry of this Kingdom, should conspire to take away the Law, by which they enjoy their Estates, are protected from any Act of Violence and Power, and differenced from the meaner sort of People, with whom otherwise they would be but Fellow-servants.
To make all this good upon the Parliament, and either make the Kingdom believe it, or so awe it, as no Body shall dare to say the contrary, Force is prepared, Men are levied, and the Malignant Party of the Kingdom, as was before specified, that is, Papists, the Prelatical Clergy, Delinquents, and that part of the Nobility and Gentry which either fear Reformation, or seek Preferment by betraying their Country, to serve the Court, have combined to bury the Happiness of this Kingdom in the Ruin of this Parliament; and by forcing it, to cut up the Freedom of Parliament by the Root, and either take all Parliaments away, or, which is worse, make them the Instruments of Slavery, to confirm it by Law, and leave the Disease incurable.
All this while the two Houses of Parliament have, with all Duty and Loyalty, still applied themselves unto His Majesty, and laboured, by humble Prayers, and clear convincing Reasons and Arguments in several Petitions, to satisfy him of their Intentions, the justness of their Proceedings, their desire of the Safety of his Royal Person, and of the Peace of the Kingdom.
And not only to preserve that Peace, and prevent the pernicious Practices of these Incendiaries, (such as the Lord Digby, who at first perswaded the King to get into some strong Place, that he might protect those whom he stiled the King's Servants, but in truth such as do divide him from his Parliament and Kingdom, and might be revenged upon his Parliament, where he said Traitors bear that sway, who in the mean time promised he would do him Service Abroad; which, by his own Letters, appears to be the procuring Supplies against the Kingdom and Parliament, with which he himself said he would return; as since he hath done, disguised, with store of Arms, in the Ship called The Providence; and who attempted upon the King's first going from Whitehall, to raise some numbers of Horse and Foot under colour of a Guard for His Majesty, to be the Foundation of an Army against the Parliament; which then failing, hath since taken Effect, and shews what was then in their Thoughts, before Hull, or the Militia, or any thing else of that nature was in question;) the Parliament thought fit to secure Hull, (left it might be a Receptacle of such ill-affected Persons, and of what Aid could be gotten from Foreign Parts) the Fleet under the Earl of Warwick to defend the Kingdom, and prevent such Mischief from Abroad; the Magazine of Arms, that they should not be employed against us, and the Militia of the Kingdom in such Hands as the Parliament might conside in, to suppress Commotions within our Selves.
And how necessary this was to be done, the succeeding Designs and Practices upon them all, do sufficiently manifest; and great cause hath the whole Kingdom to bless God, who put it into the Heads and Hearts of the Parliament to take care of these Particulars. For were these pernicious Persons about the King masters of them, how easy would it be for them to master the Parliament, and master the Kingdom? And what could we expect but Ruin and Destruction from such masters, who make the King in this manner revile, and detest us and our Actions? such who have embarqued him in so many Designs to overthrow this Parliament? such who have long thirsted to see Religion and Liberty confounded together?
Let the World now judge, what more could be done by us than we have done, to appease His Majesty, and regain His Grace and Favour, if (after the presenting such a Petition as the last was, so full of submiss, humble affectionate desires of Peace, so full of Duty and Loyalty, as we thought Malice it self could not have excepted against it; and having received so sharp a Return, such Expressions of Bitterness, a Justification and avowed Protection of Delinquents from the Hand of Justice, Demands of so apparent Danger, such manifestations of an Intention to destroy us, and with us the whole Kingdom; and this most clearly evidenced by their subsequent Actions, ev'n since the Propositions have been made unto us from His Majesty, over-running several Counties, compeling the Trained-bands, by Force, to come in and joyn with them; or disarming them, and putting their Arms into the Hands of lewd and desperate Persons, thereby turning the Arms of the Kingdom against it self) it be not fit for us, not only not to yield to what is required, but also to make further Provision for the preservation of our selves, and of those who have sent us hither, and intrusted with all they have, Estates, Liberty and Life, and that which is the Life of their Lives, their Religion; and ev'n for the Safety of the King's Person, now environed by those, who carry him upon his own Ruin, and the Destruction of all his People; at least to give them warning that all this is in Danger; That if the King may force this Parliament, they may bid farewell to all Parliaments from ever receiving Good by them; and if Parliaments be lost, they are lost; their Laws are lost, as well those lately made, as in former times, all which will be cut in sunder, with the same Sword now drawn for the Destruction of this Parliament.
Then if they will not come to help the Parliament, and save themselves, though both they and we must perish, yet have we discharged our Consciences, and delivered our Souls, and will look for a Reward in Heaven, should we be so ill requited upon Earth, by those of whom we have so well deserved; which we cannot fear, having found, upon all Occasions, such real Demonstrations of their Love and Affection, and of their right Understanding and Apprehension of our and their Common Danger; especially now, that the Question is so clearly stated, and that it appeareth that neither Hull, nor the Militia, nor the Magazine, are the Grounds of the War, which is so furiously driven on against us by a Malignant Party of Papists, those who call themselves Cavaliers, and other ill-affected Persons; but so far forth only as the Parliament, and all the Members of both Houses, and all other Persons who have shewed themselves forward for the Defence of the Sincerity of Religion, the Laws and Liberties of the Kingdom, and the just Power and Privileges of Parliament, are preserved and secured thereby.
For the many Designs upon the Parliament above-mentioned, the Attempts to be possessed of Hull, and of the Magazine, by sending thither Captain Leg (a Delinquent to the Parliament, for having had a hand in the treasonable Practice to bring up the Army against us) and the Earl of Newcastle in a disguised Habit, which was in pursuance of the Lord Digby 's Advice, and the endeavouring to raise Forces, under pretence of a Guard to the King's Person in the Winter; All this, before we medled with Hull, or Magazine, or Militia, shew plainly that our Act in securing them, was not the Cause of the King's taking up Arms, and exercising Hostility upon his Loving and Loyal Subjects, which was in the Thoughts and Endeavours of those about the King, who then had, and still have the greatest Influence upon his Counsels, before we thought of Hull, or Militia, or any thing else of that nature; and then that our resigning of them now, would not prevail with him to make him lay down his Arms, and return to his Parliament, and gratify the earnest and longing Desires of his People, to enjoy his Presence, Favour and Protection: But that if he could recover, either by our Resignation, or any other way, Places of so much advantage to him, and weakning to us, use would be made of them to our infinite Prejudice and Ruin, the Intention being still the same, not to rest satisfied with having Hull, or taking away the Ordnance of the Militia; but to destroy the Parliament, and be Masters of our Religion and Liberties, to make us Slaves, and alter the Government of this Kingdom, and reduce it to the Condition of some other Countries which are not governed by Parliaments, and so by Laws, but by the Will of the Prince, or rather of those who are about him.
Yet willingly would we give His Majesty Satisfaction in these Particulars, (and so have we offered it) could we be secured, that disarming our selves, and delivering them up to His Majesty, (as the Sword of justice is already put into the hands of divers Popish, and other ill-affected Persons, by putting them into the Commissions of the Peace, and other Commissions, and putting out others that are well-affected, so) we should not for our own Destruction put the Military Sword into the hands of those evil Counsellors, and ill-affected Persons who are so prevalent with His Majesty, Papists many of them, or very late Converts, by taking the Oaths of Supremacy and Allegiance, for which they may very well have a Dispensation or Indulgence, to be enabled thereby to promote so great a Service for the Popish Cause, as to destroy the two Houses of Parliament, and through their Sides the Protestant Religion.
But we have too just cause to believe and know, considering those continued Designs upon us, and the composition of the King's Army, and of his Counsel at this time, that these things are desired to be made use of to our Destruction, and the Destruction of that which we are bound by our Protestation to defend; and Wo to us if we do not at least do our utmost Endeavour in it, for the discharge of our Duties, and the saving of our Souls, and leave the Success to God Almighty.
Therefore we the Lords and Commons are resolved to expose our Lives and Fortunes for the Defence and Maintenance of the true Religion, the King's Person, Honour and Estate, the Power and Privilege of Parliament, and the just Rights and Liberties of the Subject.
And for the prevention of that mischievous Design, which gives motion to all the rest, and hath been so strongly pursued these many Years, the altering of our Religion, which if God in his Mercy had not miraculously diverted, long ago had we been brought to the Condition of poor Ireland, weltring in our own Blood and Confusion.
And we do here require all those who have any sense of Piety, Honour or Compassion, to help a distressed State, especially such as have taken the Protestation, and are bound in the same Duty with us, unto their God, their King and Country, to come in to our Aid and Assistance: This being the true cause for which we raise an Army, under the Command of the Earl of Essex, with whom in this Quarrel we will live and die.
A Declaration of the Lords and Commons assembled in Parliament.
Whereas certain Information is given from several parts of the Kingdom, that divers Troops of Horse are employed in sundry Counties of the Kingdom, and that others have Commission to raise Horse and Foot, to compel His Majesty's Subjects to submit to the illegal Commission of Array, out of a traiterous Intent to subvert the Liberty of the Subject, and the Law of the Kingdom; and for the better strengthning themselves in this wicked Attempt, do joyn with the Popish and Jesuitical Faction, to put the Kingdom into a Combustion and Civil War, by leving Forces against the Parliament, and by these Forces to alter the Religion, and the ancient Government, and lawful Liberty of the Kingdom, and to introduce Popery and Idolatry, together with an Arbitrary Form of Government: And in pursuance thereof, have traiterously, and rebelliously levied War against the King, and by force robbed, spoiled and slain divers of His Majesty's good Subjects travelling about their lawful and necessary Occasions in the King's Protection, according to Law, and namely that for the End and Purpose aforesaid, the Earl of Northampton, the Lord Dunsmore, Lord Willoughby of Eresby, Son of the Earl of Linsey, Henry Hastings Esq; and divers other unknown Persons in the Counties of Lincoln, Nottingham, Leicester, Warwick, Oxford-shire, and other Places, the Marquiss of Hertford, the Lord Paulet, Lord Seymour, Sir John Stowell, Sir Ralph Hopton, John Digby Esq; and other their Accomplices, have gotteen together great Forces in the County of Somerset.
The Lords and Commons in Parliament, duly considering the great Dangers which may ensue upon such their wicked and traiterous Designs; and that if by this means the Power of the Sword shall come into the Hands of Papists and their Adherents, nothing can be expected but the miserable Ruin and Desolation of the Kingdom, and the bloody Massacre of the Protestants; they do declare and ordain, That it is, and shall be lawful for all His Majesty's loving Subjects, by force of Arms to resist the said several Parties, and their Accomplices, and all other that shall raise or conduct any other Forces for the Ends aforesaid, and that the Earl of Essex Lord General, with all his Forces raised by the Authority of Parliament, as likewise the Lord Say Lieutenant of Oxford-shire, Earl of Peterborough Lieutenant of Northampton-shire, Lord Wharton Lieutenant of Buckingham-shire. Earl of Stampford Lieutenant of Leicester-shire, Earl of Pem-broke Lieutenant of Wilt-shire and Hamp-shire, Earl of Bedford Lieutenant of Sommerset-shire and Devon, Lord Brooke Lieutenant of Warwick-shire, the Lord Cramborne, Lieutenant of Dorset-shire, the Lord Willoughby of Parham Lieutenant of Lincoln-shire, and all those who are or shall be appointed by Ordinance of both Houses to perform the Place of Deputy-Lieutenants, and their Deputy-Lieutenants, respectively, Densill Hollis Esq; Lieutenant of the City and County of Bristol, and the Mayors and Sheriffs of the City, and Deputy-Lieutenants there, and all other Lieutenants of Counties, Sheriffs, Mayors, Deputy-Lieutenants, shall raise all their Power and Forces of their several Counties, as well Trained-bands as others, and shall have Power to conduct and lead the said Forces of the said Counties against the said Traitors and their Adherents, and with them to fight, kill, and slay all such as by Force shall oppose them, and the Persons of the said Traitors, and their Adherents and Accomplices to Arrest and Imprison them to bring up to the Parliament, to answer this their Traiterous and Rebellious Attempts, according to Law; and the same or any other Forces to transport and conduct from one County to another, in Aid and Assistance one of another, and of all others that shall joyn with the Lords and Commons in Parliament, for the Defence of the Religion of Almighty God, and of the Liberties and Peace of the Kingdom, and in pursuit of those wicked and rebellious Traitors, their Conspirators, Aiders, Abettors and Adherents; requiring all Lieutenants of Counties, Sheriffs, Mayors, Justices of Peace, and others His Majesty's Officers and loving Subjects, to be aiding and assisting to one another in the execution thereof; and for their so doing, all the Parties above mentioned, and all others that shall joyn with them, shall be justified, defended, and secured by the Power and Authority of Parliament.
His Majesty's Declaration, in Answer to the foregoing Declaration.
'As much Experience as We have had of the inveterate Rancor and high Insolence of the Malignant Party against Us, We never yet saw any Expression come from them so evidently declaring it, as the Declaration, Intituled, A Declaration of the Lords and Commons assembled in Parliament, for the raising of all Power and Force, as well Trained-bands, as others, in several Counties of this Kingdom, to lead against all Traitors and their Adherents, &c In which that Faction hath, as it were distilled and contracted all their Falshood, Insolence and Malice, there being in it not one Period which is not either slanderous or treasonable. And nothing can more grieve Us, than that by their infinite Arts and Subtilty (employed by their perpetual and indefatigable Industry) and by that Rabble of Brownists and other Schismaticks, declaredly ready to appear at their Call, they should have been able so to draw away some, and drive away others of Our good Subjects from our Parliament, as to prevail with the major part remaining of both Houses (how much soever that major part be the smaller in comparison of the whole) to suffer that Name (whose Reverence by all means We desire to preserve) to be so soiled, as to be prefix'd to a Paper of this insufferable nature, that tends not only to the Destruction of our Person, but to the Dissolution of this Government, and of all Society, if at least this Declaration (which We rather see cause to hope it hath not) have so much as been seen in the Houses, and be not the single Work of the same Omnipotent Committee, to which is devolved the whole Power of the Parliament, and which, as We understand, is trusted (without acquainting the Houses) to break up any Man's House, and take away the Arms and Money, intended to defend and feed him (if they shall see cause to suspect that he meant to assist his Sovereign with them) and may well be as fully and implicitly trusted to declare, as to act whatsoever they please. And though We doubt not but to their utmost they will continue that Injury to Us, and that Violation of the Subjects Liberty, and of Publick Right, to vex and imprison those who shall publish any of our Answers to their Declarations (and indeed whilst they affirm against all Truth, and command against all Law, it concerns them to take care, that nothing be heard but what they say) yet our Comfort is, that our Intentions, and the Duty of our Subjects are so well and so generally known to our People, that We cannot fear (from whom soever it come, and tho' no Answer came out with it) that either what is there said, should be believed, or what is there commanded, should be obeyed. Who knows not that our Commissions for Horse and Foot were not granted out, till not only our Prerogative, but our Propriety, our Goods, Arms, Towns, Militia, and Negative Voice were taken from Us, and all the Kingdom commanded to be in Arms, and invited to bring in Horse, Plate and Money, to frame an Army against our Command and Proclamation, and till Horse were raised and muster'd accordingly? and then with no Intention (nor hath any Action in any of our Ministers given the least suspicion of such an Intention) by them to compel our Subjects to submit to our Commissions of Array, or make use of them against the Parliament; but to regain Hull, held out in Rebellion against Us, and to suppress all such as without our Authority, and against our Commands, should raise Forces in this our Kingdom, and levy War against Us, under pretence of any Order or Ordinance of one or both Houses? And such traiterous Assemblies and Marches have been the only lawful and necessary Occasions of our good Subjects, which have not been so much as interrupted by any Troops of Ours. And What is affirmed of the spoiling and killing them, as they were so travelling under our Protection, and according to Law, is a most malicious Affirmation, as well without Truth, as without Instance, invented at once to make our Troops terrible, and Us odious to our People.
'What care have We taken, that by this means the Power of the Sword should not come into the hands of Papists, who have by our Proclamation strictly charged, That no Papist should presume to list himself, either as Officer or Soldier in this our Army, having directed how he should be discovered, if he did presume; and suffer, if he were discovered? What care have We taken to avoid Combustion and Civil War, offering to lay down our Arms when they should have laid down theirs, in whom it was Treason to take them up, and restored Us those things which could not without Treason, as well as Injustice, be forced away and kept from Us, our Arms, Ships, Town, &c. And when We might meet both our Houses in a fate and secure Place to debate freely of all the Differences in a Parliamentary Way; And by whose Influences these Propositions were rejected; and whether the Proposers or Rejecters were most careful to avoid this Ruin and Dissolation of the Kingdom, We leave all the World to judge? And whether they who divert the Men and Money collected for the Relief of distressed Ireland, to raise Forces against their Prince (who asks them nothing but what is legal, nor will deny them any thing that is) do not joyn with the Popish and Jesuitical Faction in the Bloody Mastacre of many thousand Protestants in that miserable Kingdom? We propose likewise to every Man's Judgment, whether the declaring those to be Traitors who execute our Commission of Array (issued in so many Kings Reigns, agreed upon by Parliament, and there yielded to by the King, to be settled as now it is, as a matter of great Grace; and since that time, which was in 5 Hen. IV. in no Parliament complained of) whilst our good Subjects are vexed and imprisoned, not only for resisting, but for humbly petitioning, so as may seem but to infinuate something against their most illegal Commands concerning the Militia; (to which Power of Commanding, no Title can be made by any Statute, or any Precedent, nor can We ever find by search, nor obtain to be told what those Fundamental Laws are by which it is pretended; so deep those Foundations are laid beyond all means of Discovery.) And the declaring that those who raise Men by virtue of our Command and Commission (the only legal way) traiterously and rebelliously levy War against the King, and ordaining it to be lawful for all our Subjects, by force of Arms, to resist them and their Accomplices; and the raising Forces by Authority of Parliament (that is, by the remaining part of both Houses) never in the most outragious Times before attempted, and commanding several Persons, whom they call Lieutenants, to lead, and giving them Power to transport from one County to another the Forces of several of our Counties against them, and to kill and slay all such as by Force shall oppose them, Our Self not excepted; commanding all our Officers and Subjects to be assisting to them, and undertaking to secure them for so doing, by the Power and Authority of Parliament (which is first to allow, and next to command, and then to pardon Treason) be not to have already subverted, as much as in them lie, the Liberty of the Subject, the Law of the Land, and altered the ancient Government of the Kingdom, leaving our Subjects without all Rule to walk by, when the most clear Laws cannot direct and secure them, and they see all those ancient Bounds past over, which were ever as much known to be the Duty of both Houses to observe, as it is evident that there were, and that it was necessary there should be, two Houses of Parliament; and at once behold the Law (which is to protect and defend the Subject) and Us (who are to protect and defend the Law) need Defence and Protection. We doubt not therefore but all our good Subjects will come in to our Assistance, and that this wicked Charge of intending to introduce Popery, Idolatry, and Arbitrary Government, laid by Implication upon Us (because We defend Our Self, and would recover Our own) will be so far from being a Motive against Us, that this intolerable Indignity and damnable Scandal (so daily and visibly confuted by all our Professions and Actions) will encrease our good Subjects Zeal towards Us, and their Indignation against the Contrivers: And that they will esteem themselves obliged by the Religion of Almighty God to oppose this War, so impiously, so treasonably, and so groundlessly made upon Us their King, and his Anointed. We therefore require all our Commissioners of Array, Sheriffs, and all our other Officers and Ministers, to raise all the Power and Forces of their several Counties, to assist the Marquiss of Hertford, the Earl of Northampton, the Lord Willoughby of Eresby, the Lord Paulet, the Lord Dunsmore, the Lord Seymour, Henry Hastings Esq; Sir John Stowell, Sir Ralph Hopton, John Digby Esq; and all others, in the legal and necessary Execution of our Commissions of Array; and in the raising and conducting of such Horse and Foot as shall be raised by our Commission, and by Force of Arms to oppose the Earl of Essex, the Lord Say, and all other that shall raise or conduct any Forces raised by pretence of Authority of both Houses; and the Persons of all such Traitors, and their Adherents and Accomplices, to Arrest and Imprison, to the end they may be brought to a fair and legal Tryal by their Peers, and according to the Law. And this We require from them, as they tender the Defence of our Person, the true Religion, the Law of the Land, the Liberty and Property of the Subject, and the true and just Privileges of Parliament: And for so doing they shall be defended and secured by Us, and by the Law, with whom, and with which We doubt not but our Subjects will sooner chuse to live and die, than with the Earl of Essex and his Adherents.
By the KING.
A Proclamation for the suppressing of the present Rebellion, under the Command of Robert Earl of Essex: And the gracious Offer of His Majesty's free Pardon, &c.
'Whereas, now at the last, those seditious and traiterous Counsels and Consultations, which have been long in design, and which long since We foresaw, have produced such manifest and open Effects of Treason and Rebellion against Us, that there are already great numbers of Horse and Foot raised, arrayed, mustered and trained, under pretence of Authority of Our two Houses or Parliament, without and against our Consent, in and about our Cities of London and Westminster, in a Warlike manner; and there are many more in raising with speed: and Robert Earl of Essex, by the said pretended Authority, without our Consent, hath been nominated to be Captain-General of those Troops and Forces; and he forgetting the Duty and Allegiance which he oweth to Us his Sovereign, hath taken upon him, and accepted that Title and Command of Captain-General, and in that Quality appeareth amongst the Soldiers, animating and encouraging himself and them in these Traiterous and Rebellious Designs. And as it is now notoriously known, the said Earl and his Adherents intend speedily to march from thence towards the North, where We now reside, and in a Warlike manner to assail and oppose Us, and those who shall attend and assist Us, under pretence of defending our Person, and the two Houses of Parliament; and prepare traiterously to surprize or besiege our Town of Portsmouth, and to possess themselves thereof with Force, the same being a Town and Port of great Importance in the Western Parts of this Kingdom; and also to surprize, or by Force to take and possess themselves of all other Castles, Forts and Places of Strength within this Kingdom, and all this to strengthen them and their Party in these their Traiterous and Rebellious Designs; all which are not now taken up by Us, upon Information of others, and by Conjecture, but do manifestly appear to the whole World by that insolent and prodigious Commission of Captain-General over the whole Kingdom of England, and Dominion of Wales, which in the Name of the two Houses of Parliament is granted unto the said Earl; but hath indeed been contrived by some few Malignant Persons, Members of either House, whereby they have mentioned to confer upon him, and the said Earl, under that colour, hath assumed unto himself those Titles, and begun to put in Execution those Powers and Authorities which are inconsistent with Our Sovereignty: All which is so done, contrary to all Rules of Religion, Laws, Allegiance, or common Honesty.
'We do now therefore publish and declare, by this our Royal Proclamation, That the said publick and notorious Acts and Actions of the said Earl, are Acts and Actions of High-Treason, being a manifest levying of War against his natural Liege Lord and King, expressly within the words and meaning of the Statute made in the twenty fifth Year of King Edward the Third, declaring the same; of which in Law there neither is, nor can be any doubt. And that the said Earl of Essex, is a Rebel and Traitor unto Us, and to our Crown; and that he, and all Colonels, Captains, and Officers, which upon notice hereof, shall not immediately quit their Commands under him, or any others, by the like unlawful and usurped Power without and against Us, are also guilty of High-Treason within that Statute, and ought to be adjudged, and esteemed, and proceeded against as Traitors and Rebels.
'And yet, out of our Grace and Clemency towards such of our Subjects as have been abused and mis-led by the said Earl, and such others as joyn themselves with him in these desperate Courses, and to preserve the Peace of this Kingdom, (if it be possible) and to avoid the shedding of Blood, We, abhorring the name of a Civil War, if it can by any good means be avoided, do, by this our Proclamation, admonish the said Earl and all our Subjects whom it may concern, which are now already joyned, or shall joyn themselves to the said Earl, in this Act of Hostility, that forthwith they lay down their Arms, as well Horse as Foot, and all other Preparations for the War; and instantly, without delay, return to their own Homes and Habitations, and there quietly and peaceably employ and bestow themselves in their proper Vocations and Callings, and that hereafter they meddle not or interpose themselves in these or any the like rebellious and traiterous Undertakings or Actions: Which if they do readily and really perform, within six Days after the Date of these Presents, We do hereby Promise and Undertake, in the Word of a King, That We will freely extend Our Mercy unto them, and grant unto them Our free and full Pardon for all that hath been or shall be committed before that time. But if they shall neglect this our Grace and Favour now extended unto them and persist in any Acts of Hostility against Us, or not disband, upon notice of this Our Proclamation, We shall esteem of them as Rebels and Traitors to Us, and to Our Crown, and as Publick Enemies to the happy Peace of this Kingdom; and that from thence We shall proceed against them, and deal with them as Rebels and Traitors; and by the Blessing of God, in whom We put our Confidence, and by the Assistance of our Faithful and Good Subjects, upon whose Fidelity and Affections We relie, We doubt not but We shall so prevail against all their traiterous Conspiracies and rebellious Machinations, as shall vindicate Our Honour, and the Honour of Our Crown, preserve Our Good and Loyal Subjects from their Malice and Fury, and restore and settle the Peace of this Kingdom, and make the Delinquents so exemplary, as shall deter others from ever attempting the like Insolencies.
'And We hereby require and command all our Commissioners of Array, Lieutenants, Deputy-Lieutenants, Sheriffs, Justices of Peace, Mayors, and all other Our Officers, Ministers, and loving Subjects, That they and every of them, in their several Places, do their best and utmost Endeavours to resist and subdue the said Earl and his Adherents, and those who shall assist them or any of them, and to apprehend or otherwise to destroy them, and every of them, that so they may receive condign Punishment for their Dsloyalty. And that they be ready, according to their Duties and Allegiance, to assist Us, and those Our good Subjects who do adhere unto Us, according to Our just Commands in or concerning the Premises.
'And more particularly We require and command Our Commissioners of Array, Lords Lieutenants, Deputy-Lieutenants, Captains and Officers of Our Trained-Bands, of or in Our Counties of Southampton, Sussex and Surrey, that so many of them as to that purpose Colonel Goring shall call to his Aid, as he shall see cause, shall, with such Forces as are under their Command, repair unto our said Town of Portsmouth, to assist the said Colonel George Goring, Our Captain and Governour of the said Town, for the Defence of the said Town, and to Oppose, and to Resist, and Destroy all those, who under the Command of the said Earl of Essex, or any other, shall attempt any Violence against the said Town.
'And we do further require and command Our Right Trusty and Right Well-beloved Cousin and Counsellor, William Marquiss Hertsord, That with all speed he raise all the Forces he can, within all or any the Counties contained within that Commission We have given unto him, whereby he is made Our Lieutenant-General of all Our Forces within Our Counties of Devon, Cornwal, Somerset, Dorset, Wilts, Southampton, Glocester, Berks, Oxford, Hertford, Monmouth, Radnor, Brecknock, Glamorgan, Carmarthen, Pembroke, Cardigan: Our Cities of Exeter, Bristol, Gloucester, Oxford, Bath and Wells, New Sabisbury and Hereford, and the Counties of the same: The Towns of Pool and Southampton, and Haverford West, and the Counties of the same; and with the Trained-bands of those Counties and others, who shall voluntarily offer their Service to march against the said Earl, or any others under his Command, or under the Command of any others not authorized by Us, and them to Resist, Oppose and Subdue, and especially for the Defence of the said Town of Portsmouth, and for the Isle of Wight, in our County of Southampton, as there shall be Occasion.
'And we do hereby desire and require our Loyal and Loving Subjects, of and within the said Counties, being of the Trained-bands, or voluntary Levies within the said Commission, to repair with their Horse and Foot, well Armed, Arrayed and Furnished, to such place or places as the said Marquis shall appoint; and that they, and all other Our good and loving Subjects within this Realm, shall, according to such Directions as We shall give to that purpose, repair to Us at such place where We shall pitch and set up Our Royal Standard; and where We purpose, in Our own Person, to be present, and there and in such places, whither We shall conduct them to be conducted, to serve us for the Defence of Us, and of Our Kingdom, and of the true Protestant Religion, and the known Laws of the Land, and the just Liberties of Our Subjects, and the just Privileges of Parliament, and to suppress the Notorious and Insolent Rebellion of the said Earl and his Adherents, and reduce them to their due Obedience, and for re-setling of the happy Peace of this Kingdom.
'And in this time of urgent Necessity, which so much importeth the Safety, and ev'n the very subsistance of Us and Our good People, We shall take it as an acceptable Service to Us, and much conducing to the Peace of our Kingdom, if Our loving and well-affected Subjects, within Our said Counties contained within our Commission granted to the said Marquis, do and will chearfully and voluntarily contribute unto Us, and give unto Us such Assistance in Money or Plate, as they shall think fit, by Loan or otherwise, to be delivered to the hands of the said Marquis, or of the Commissioners of Array, for those several Counties, respectively, to be disposed of to this Publick Use, and not otherwise; and that Our loving and well-affected Subjects of all other the Counties of this Kingdom, will, to the same Use and not otherwise, contribute unto and assist Us in like manner, such Contribution and Assistance to be paid or delivered to our Use, into the Hands of Our Commissioners of Array for those other Counties, respectively, or to such of them as they shall nominate and appoint to that purpose.
'And lastly, In all these Our just and necessary Commands, We require, That ready Obedience, from all Our Commissioners, Sheriffs, Justices of Peace, Mayors, Constables, and other Officers and loving Subjects, in their several and respective Places, which apertaineth to their several Duties, as they tender Our Honour and Safety, and the Honour, Safety, Peace, and Prosperity of the Church and Kingdom of England, and as they will answer their Neglects at their utmost Perils.
'Given at our Court at York, the Ninth day of August, in the Eighteenth Year of Our Reign, 1642.
A Declaration and Resolution of the Lords and Commons assembled in Parliament, concerning this His Majesty's Proclamation.
The Lords and Commons having received, in a Letter from His Majesty, a printed Paper, Intituled, A Proclamation for the Suppressing of the present Rebellion, under the Command of Robert Earl of Essex; and the gracious Offer of His Majesty's free Pardon to him, and all such of his Adherents, as shall within six Days after the Date thereof lay down their Arms; do publish and declare, That the Matter of this libellous and scandalous Paper, is the Venom of those traiterous Counsellors about His Majesty, long since discovered, and so often complained of by both Houses of Parliament, who having for many Years together carried on a wicked Design, to alter Religion, and to introduce Popery, Superstition and Ignorance, the ready way to an Arbitrary and Tyrannical Government; and for that purpose not only maintained Agents at Rome, but invited and procured sundry Nuncio's, or Agents, to be sent into this Kingdom from the Pope, by which means Popery and Superstition was so far advanced, that nothing but the Convening of this Parliament, occasioned by the coming of the Scots, could in all humane Reason have prevented them in their Design, the only true Reason which these mischievous Counsellors, maligning that Power which opposes it self against their destructive and horrid Counsels, have now at last, as the master-piece of all their Machinations, advised His Majesty, in effect, to proclaim at once, His House of Peers, (the Hereditary Counsellors of the Kingdom) and his House of Commons, (the Representative Body of the whole Commons of the Kingdom) to be all Rebels and Traitors; and by that Paper have endeavoured so to blind the Eyes of the People, as to make them guilty of their own Destruction, by helping to subdue and destroy the Parliament, (the only Means, under God, to preserve their Religion, Laws and Liberties) and to perswade the Kingdom, That His Majesty, by Assistance of Papists, and Persons Popishly affected, will maintain the Protestant Religion; That by the help of Men Outlawed, and of desperate Fortunes, he will maintain the Laws of the Land; and with Fugitives from Parliament, and Delinquents to the Parliament, will preserve the Privileges thereof; an Attempt to desperate, and so transcendently wicked, that the Lords and Commons do unanimously publish and declare, That all they who have advised, contrived, abetted, or countenanced, or hereafter shall abett or countenance the said Proclamation, are Traitors and Enemies to God, the King and Kingdom, and guilty of the highest degree of Treason that can be committed against the King and Kingdom; and that they will, by the Assistance of Almighty God, and of all honest English Protestants, and lovers of their Country, do their best Endeavours (ev'n to the utmost hazard of their Lives and tortunes) to bring all such unparallel'd Traitors to a speedy and exemplary Punishment.
And whereas the Lords and Commons in Parliament did formerly chuse the Earl of Essex to be Captain General of such Forces as are, or shall be railed, for the maintenance of the true Protestant Religion, the King's Person, the Laws of the Land, the eace of the Kingdom, the Liberty and Property of the Subject, and the Rights and Privileges of Parliament; the said Lords and Commons do declare, That they will maintain and assist him, and adhere unto him the said Earl, with their Lives and Estates, in the same Cause, as in Conscience and Duty to God, the King and their Country, they are bound to do.
And lastly, the Lords and Commons do further declare, That notwithstanding those wicked Counsels, which inclined His Majesty to make War against our Brethren of Scotland, and by Prayers and Proclamations read in Churches, to pronounce them Rebels and Traitors, which with-held His Majesty from setting forth any Proclamation against those Bloody and Barbarous Rebels in Ireland, till January last, although the Rebellion broke forth the 23d of October before; and notwithstanding the Importunity of both Houses of Parliament, that a Declaration might issue to that purpose, have now advised and prevailed with His Majesty, by this Proclamation, to invite his Subjects to destroy his Parliament and good People by a Civil War, and by that means to bring Ruin, Confusion, and perpetual Slavery upon the surviving part of a then wretched Kingdom. Yet the Lords and Commons, to Witness their constant and unshaken Loyalty and Affection to His Majesty, do solemnly declare, That if His Majesty shall immediately disband all his Forces, and be pleased to abandon those wicked Counsellors, and leave them to condign Punishment, and return and hearken to the wholesome Advice of his Great Council; they will really endeavour to make both His Majesty and His Posterity as Great, Rich and Potent, as much beloved at Home, and feared Abroad, as any Prince that ever swayed this Scepter; which is their firm and constant Resolution.
By the KING.
A Proclamation, declaring His Majesty's express Command, That no Popish Recusant, nor any other, who shall refuse to take the Oaths of Allegiance and Supremacy, shall serve him in his Army: And that the Soldiery commit no Rapines upon the People, &c. August 10th.
'Whereas We have heretofore, by our Proclamation, straitly charged and commanded that the Laws should be put in due execution against Popish Recusants; and We have, and shall have it still in our Care, to suppress and prevent the growth of Popery, and to use all good Means that may tend thereunto, and not to countenance Papists, by any Employment or Trust, by or for Us. And whereas there are now at and near London, great Forces levied, and in levying, and Monies raising, by way of Contribution and otherwise, towards the Charge of raising and maintaining an Army, or Forces, under pretence of the Order of Our two Houses of Parliament; not only without Our Consent, but contrary to Our several express Commands, published by several Proclamations, Letters, and otherwise. And the same Forces are actually in so much forwardness, as that there are divers Horsemen daily Exercised and Trained in Places about London, and great Numbers of Foot in raising; and a General and other principal Officers are nominated and declared, and they have accepted and taken upon them those Places, and have already done several Acts of Hostility against Us, which clearly appear to be a levying of War against Us; We have found it necessary, to raise and levy Forces for the Defence of the true Protestant Religion, Our Person, the two Houses of Parliament, the Laws of the Land, the Liberty and Property of the Subject, and the just Privileges of Parliament. And now, lest any Popish Recusants should presume to offer to serve Us herein, or procure themselves to be lifted, as Officers, or Soldiers in Our Army, without our Knowledge; and to the end that our Intention herein may be clearly known, That whereas one principal Aim of raising these Forces, is, for the Defence and Maintenance of the true Protestant Religion, We may not be served with Papists, as falsesly and slanderously hath been objected against Us; We do hereby declare Our express Will and Pleasure to be, and We do hereby straitly Command, That no Person or Persons soever, being Popish Recusants, shall presume to come to Our Court, contrary to the Law in such Case provided; not any Popish Recusant. or Papist, take any Office, or Place, or List himself as a Soldier in this Service.
'And to the end there may be as full discovery as can be made of such as shall, contrary to this Our Proclamation, be so lifted into such Our Service, We do straitly Command and Charge all Officers and Soldiers, who shall be entred or lifted for this Our Service, That that upon the first Muster-Day, after they shall be so lifted, they take the Oaths of Supremacy and Allegiance, both which We shall take care shall be tendred unto them according to the Law, throughout Our Army. And if any shall continue his Name in those Lists, and yet refuse the said Oaths, We shall not only cashier them, but also otherwise proceed against them according to the Law.
'And as We shall be careful that all Our Officers and Soldiers shall be duly pay'd, that there be no occasion or pretence of Necessity amongst them, to burden any of Our Subjects; So We do hereby straitly Charge and Command, That none of the said Officers, or Soldiers, presume to take any thing from any of Our good Subjects, without due payment for the same, or commit any unlawful Violence or Outrage.
'And to all these Our Commands, We expect a strict Obedience of all Our Subjects, whom it may concern, as they will answer the contrary at their uttermost Peril. And being thus careful that by this Our necessary Service, Our Subjects should not in any degree suffer or be wronged; so We do expect and require, That all Our Sheriffs, Justices of Peace, Mayors, Bailiffs, and all other Our Officers and Subjects, should use their best Endeavours, as there shall be occasion, for the Assistance and convenient Supplies of Our said Officers and Soldiers with such Things as shall be necessary and fit for them, at reasonable Rates and Prices.
'Given at Our Court at York, the Tenth day of August, in the Eighteenth Year of Our Reign, 1642.
By the KING.
A Proclamation by His Majesty, requiring the Aid and Assistance of all his Subjects on the North side Trent, and within twenty Miles Southward thereof, for the Suppressing of the Rebels now marching against him.
'Whereas divers Persons, bearing an inward Hatred and Malice against Our Person and Government, and ambitious of Rule and Places of Preferment and Command, have raised an Army, and are now traiterously and rebelliously (tho' under the specious pretence of Our Royal Name and Authority, and of the Defence of Our Person and Parliament) marching in Battle Array against Us their Liege Lord and Sovereign, contrary to their Duty and Allegiance, whereby the common Peace is like to be wholly destroyed, and this flourishing Kingdom in danger to perish under the Miseries of a Civil War, if the Malice and Rage of these Persons be not instantly resisted: And as We do, and must rely on Almighty God (the Protector and Defender of his Anointed) to defend Us, and Our good People against the Malice and pernicious Designs of these Men, tending to the utter Ruin of Our Person, the true Protestant Religion, the Laws established, the Property and Liberty of the Subject, and the very Being of Parliaments; so We doubt not but Our good People will in this Necessity contribute unto Us, with all Alacrity and Chearfulness, their Assistance in their Persons, Servants and Money, for the Suppression of the same Rebellion: And therein We cannot but with much Contentment of Heart acknowledge the Love and Affection of Our Subjects of Our County of York, and divers other Counties, in their free and ready Assistance of Us, which We shall never forget, and Our Posterity will, as We hope, ever remember for their good.
'Nevertheless, in this Our extream Necessity, tho' We have been most unwilling, We are now enforced for Our most just and necessary Defence, again to call and invite them, and all other Our Subjects, of the true Protestant Religion, residing on the North-side of Trent, or within twenty Miles Southward thereof, whole Hearts God Almighty shall touch with a true Sense and Apprehension of Our Sufferings, and of the ill Use which the Contrivers and Fomenters of this Rebellion have made of Our Clemency, and desire of Peace, That according to their Allegiance, and as they tender the Safety of Our Person, the Propriety of their Estates, their just Liberties, the true Protestant Religion, and Privileges of Parliament, and indeed the very Being of Parliaments, they attend Our Person upon Monday the 22d day of this instant August, at Our Town of Nottingham, where and when We intend to erect Our Standard Royal, in our just and necessary Defence, and whence We resolve to advance forward for the Suppression of the said Rebellion, and the Protection of Our good Subjects amongst them, from the Burden of the Slavery and Insolence, under which they cannot but groan, till they be relieved by Us.
'And We likewise call and invite all Our Subjects, of the true Protestant Religion, in the remoter Parts of this Our Kingdom, to whom Notice of this Our Proclamation cannot so soon arrive, that with all speed possible, as they tender the fore-named Considerations, they attend Our Person in such Place as We shall then happen to encamp; and such of Our said Subjects as shall come unto Us (either to the said Town of Nottingham, or to any other Place where We shall happen to encamp) armed, and arrayed with Horse, Pistols, Musquets, Pikes, Corslets, Horses for Dragoons, or other fitting Arms and Furniture, We shall take them into our Pay (such of them excepted, who shall be willing, as Voluntiers, to serve Us in this Our Necessity without Pay.) And whosoever shall, in this Our Danger and Necessity, supply Us either by Gift, or Loan of Money or Plate, for this our necessary Defence (wherein they also are so nearly concerned) We shall, as soon as God shall enable Us, repay whatsoever is so lent, and upon all Occasions remember and reward those Our good Subjects, according to the measure of their Love and Affections to Us and their Country.
'Given at Our Court at York, the 12th of August, in the Eighteenth Year of Our Reign, 1642.
His Majesty's Message to the House of Commons, from the Court at York, the 13th of August, 1642.
His Majesty taking notice of an Order lately made by the House of Commons, whereby that House hath unduly assumed to themselves Authority to order, direct, and dispose of One Hundred Thousand Pounds, part of those Monies which the Adventurers for the reducing of the Rebels of Ireland, have paid to that End only, to other Uses and Intents, contrary to the express Words of the Act of Parliament concerning the same, wherein it is enacted, That no part of the Money which should be paid in according to that Act, shall be employ'd to any other Purpose than the reducing of those Rebels, until they shall be declared to be subdued; out of His Majesty's Piety and Princely Care for the Confirming and Re-establishment of God's true Religion in that his Kingdom of Ireland, for the Relief of his distressed Subjects there, for the Suppressing that horrid and bloody Rebellion, for the Supply and Payment of his Armies there, now in great Want and Necessity, doth strictly require the House of Commons, as they will answer the contrary to Almighty God, His Majesty, and those that have trusted them, That they immediately retract that mischievous, illegal and unjust Order; wherein His Majesty expecteth their speedy Answer and Obedience, and the rather that he may thereby be secured, that such part of the Four Hundred Thousand Pounds, as is or shall be collected from his good Subjects of England by virtue of the late Act of Parliament, whereby the same is granted, may not likewise (under false Pretences) be diverted from its proper use for which it was intended, and mis-employed to the Disturbance of the Peace of this Kingdom in a War against His Sacred Majesty.
The Answer of the House of Commons to His Majesty's Message.
The House of Commons having received a Message from His Majesty of the 13th of August last, whereby they are required to retract an Order made by them for the borrowing of One Hundred Thousand Pounds of the Adventurers Money for Ireland, supposing that Order very prejudicial to the Affairs of Ireland, and contrary to an Act of Parliament made this present Session; do, in the first place, declare, That these Directions given by His Majesty for the retracting of this Order, is an high Breach of Privilege of Parliament; and that they cannot without a deep sense of Sorrow, call to mind how Popish and Prelatical Counsels did so far prevail with His Majesty, that two Armies were brought within the Bowels of this Kingdom, and two Protestant Nations ready to welter in each other's Blood. That when both these Armies had been a long time defrayed at the Charge of the poor Commons of England, and at length, by God's Blessing upon the Endeavours of the Parliament, quietly disbanded, the same wicked Counsels (prevented of that Design) did soon after raise this bloody and barbarous Rebellion in Ireland. The suppressing whereof (for the better colour) was recommended to the Care of the Parliament, who, out of a fellow-feeling of the unspeakable Miseries of their Protestant Brethren there, (not suspecting this horrid Plot, now too apparent) did chearfully undertake that great Work, and do really Intend and Endeavour to settle the Protestant Religion, and a permanent Peace in that Realm, to the Glory of God, and the great Honour and Profit of His Majesty, and Security of his three Kingdoms; but how they have been discouraged, retarded and diverted in and from this pious and glorious Work, by those Traiterous Counsels about His Majesty, will appear by many Particulars, some whereof they shall, upon this first occasion, call to remembrance. That when the Lords and Commons had, upon the first breaking out of the Rebellion, immediately provided and sent over 20000l. and engaged themselves and the whole Kingdom for the reducing of the Rebels: Yet His Majesty, after his return from Scotland to London, was neither pleased by Word or Message to take notice of it, until after some in the House of Commons had truly observed how forward those mischievous Counsellors were to incite His Majesty against his Protestant Subjects of Scotland, and how flow to resent the Proceedings of his Papist Traitors in Ireland.
That altho' the Rebels had most impudently stiled themselves the Queen's Army, and profess'd that the Cause of their Rising, was, to maintain the King's Prerogative, and the Queen's Religion, against the Puritan Parliament in England: And that thereupon both Houses of Parliament did humbly and earnestly advise His Majesty to wipe away this dangerous Scandal, by proclaiming them Rebels and Traitors to His Majesty, and the Crown of England, which then would have mated and weakened the Conspirators in the beginning, and encouraged both the Parliament here, and good People there, the more vigorously to have opposed their Proceedings: yet such was the Power of these Counsels, that no Proclamation was set forth to that purpose, till almost three Months after the breaking out of this Rebellion, and then Command given that but forty should be printed, nor they published till further Directions should be given by His Majesty.
That after both Houses of Parliament had found out a probable way to reduce the Kingdom of Ireland, by the Adventure of private Men, without any Charge to the Subject in general, and which they are very confident would have brought in a Million of Money, (had His Majesty continued in or near London) those malicious Whisperers that durst not hinder the passing of the Bill, which was so specious in it self, and so generally approved, yet have by practice, by drawing His Majesty from his Parliament, by keeping him at this distance, and advising him to make War upon his People, so intimidated and discouraged the Adventurers, and others that would have adventured, that they have rendred that good Bill, in a manner, ineffectual.
That the Parliament and Adventurers had long designed Five thousand Foot, and Five hundred Horse for the Relief of Munster, to be sent as a Brigade, under the Command of the Lord Wbarton, had made choice and listed all the Commanders, and prepared Money, Arms, and other Provisions for that Expedition, and all to be at the Charge of the Adventurers: And when nothing was wanting but a Commission to the Lord Wbarton, to enable him for that Service; such was the Power of those Counsels, that no Commission could be obtained from His Majesty; by reason wherof, Limerick was wholly Lost, and the Province of Munster is now in very great Distress.
That when divers pious and well-affected Persons had prepared twelve Ships, and fix Pinaces, with a thousand or more Land-Forces, at their own Charge, by way of Adventure for the Service of Ireland, and desired nothing but a Commission from His Majesty to enable them thereunto; that Commission, after twice sending to York for the same, and the Ships lying ready to fail for three Weeks together, at the Charge of near 300 l. a Day, was likewise denied; and those Adventurers (rather than to lose their Expedition) were constrained to go by virtue of an Ordinance of both Houses of Parliament.
That tho' the Lords-Justices of Ireland have three Months since earnestly desired to have two Pieces of Battery sent over, as very necessary for that Service; yet such Commands are given to the Officers of the Tower, that none of His Majesty's Ordnance must be sent to save His Majesty's Kingdom.
That altho' whilst the Earl of Leicester stay'd here in the Service of the Parliament, and in providing for his long-expected Voyage into Ireland, a Message was sent to the Parliament, from His Majesty, to hasten him away, and Letters were written to the said Earl from His Majesty, that he should make no stay at York for his dispatch, but that his Instructions should be ready for him against he came. And although it is notoriously known, that the Affairs of Ireland do exceedingly suffer, by wanting the Personal Assistance of a Commander in Chief, to give both Life and Motion to the Army there, yet the said Earl hath been said with His Majesty in the North a Month and more, and as yet can get no Dispatch.
That notwithstanding the bleeding Condition of Ireland, yet divers Commanders and Officers in Pay, and in actual Employment there against the Rebels, have been called away from that important Service, by the express Command of His Majesty, as Charles Lloyd Engineer and Quarter-Master-General of the Army in Ireland, and divers others.
That Captain Green Comptroller of the Artillery, a Man in Pay, and principally employed and trusted here by the Lord-Lieutenant of Ireland, for the providing and ordering the Train of Artillery which was to be sent to Dublin, and who had received great Sums of Money for that purpose, was commanded from that Employment and Trust, to serve His Majesty in this most unnatural War against His Loyal and Best-affected People.
That the Parliament having made great Provision of Cloaths for the poor Soldiers in Ireland, for their present Succour, and sending Six Hundred Sutes, part thereof, towards Chester the last Week; the Man that undertook the Carriage of them, one William Wbitaker by Name, was assaulted by His Majesty's Cavaliers, then lying about Coventry, who took away those Six Hundred Sutes of Cloaths, and the Waggon and Horses of the poor Man, altho' they were told that the Six Hundred Sutes of Cloaths were for the Soldiers in Ireland, and notwithstanding the poor Carrier was five times with the Earl of Northampton, to beg a release of his Waggon.
That Three Hundred Sutes of Cloaths, with a Surgeon's Chest of Medicaments, being likewise sent for Ireland, by one Richard Owefield, who was employed by the Parliament to carry them to Chester, a Troop of His Majesty's Cavaliers, under Command of one Captain Middleton, met with them upon the Road, and took away the Cloaths and Surgeon's Chest, together with the poor Carrier's Horses and Waggon, for His Majesty's pretended Service Here.
That a great number of Draught-Horses prepared by the Parliament for the Artillery and Baggage of the Irish Army, were sent to Chester for that Purpose, and being there, attending a Passage, are now required by His Majesty for His said present Service in England.
That Captain Ketleby the Admiral, and Sir Henry Stradling the Vice-Admiral of the Ships which were directed to lie upon the Coast of Ireland, to annoy the Rebels, and to prevent the bringing to them Ammunition and Relief from Foreign Parts, are both called away from that Employment by His Majesty's Command; and by reason of their departure from the Coast of Munster, to which they were designed, the Rebels there have received Powder, Ammunition and Relief from Foreign Parts; by which, and many other Particulars, too long to relate, it may seem as if those barbarous Irish Rebels are kept on foot and countenanced there, of Design to assist the Northern Cavaliers; and according to the Earl of Strafford's unheard-of Advice, to have an Army in Ireland, with which His Majesty may reduce this Kingdom; especially considering those confident Rebels have presumed, very lately, to send a Petition to His Majesty, entitling themselves His Majesty's Catholick Subjects of Ireland, and complaining of the Puritan Parliament of England; and desiring, that since His Majesty comes not thither, according to their Expectation, that they may come into England to His Majesty: Which Petition we may justly fear, is but a Prologue to that Tragedy they have designed to act here, in case their coming over be not prevented by the Care and Vigilancy of the Parliament, and good People of England. But lest the House of Commons might seem to excuse the making of this Order by way of Recrimination; They for Satisfaction to the World, do protest before Almighty God, (the Searcher of all Hearts) That they have as great Compassion and Sorrow for the present Sufferings of their distressed Brethren in Ireland, as if themselves were in their Case, (into which they are confident those horrid Traitors, those Monsters of Men about His Majesty, do labour to bring this Kingdom;) That they have, and shall ever really endeavour, by all Means possible, (with due regard to the present Estate of this Kingdom) to supply and support them in this their great Affliction, notwithstanding the Malice and Obstructions of all Opposers.
That the House of Commons lively apprehending the imminent Danger of this Kingdom, and finding that whilst they were active here to subdue the Rebels of Ireland, there were Papists, Traitors and Delinquents more active in the North to conquer and destroy the Parliament, and good People of England, thought it necessary to provide for the Safety of both, by preparing a competent Army for the Defence of the King and Kingdom. And although Multitudes of well-affected Persons had chearfully brought in great store of Plate for that Purpose, yet in regard the Plate could not be coined with such expedition as the Importance of the Service did require; and well knowing that One Hundred Thousand Pounds might for a short time be borrowed out of the Adventurers Money for Ireland, without any Prejudice to the Affairs of that Kingdom, whose Subsistance depends upon the Welfare of this; and resolving to make a speedy and real repayment of what Money should be so borrowed, did make this Order; which that it might appear to all the World, to be neither Mischievous, Illegal, nor Unjust, (as His Majesty, by the Instigation of those malignant Whisperers, is pleased to term it) the House of Commons thought fit to recite it in haec verba, and instead of retracting the Order, to repay the Money with all possible speed.
The 30th of July, 1642.
It is this Day Ordered by the Commons House of Parliament, That the Treasurers appointed to receive the Monies come in upon the Subscriptions for Ireland, do forthwith furnish, by way of Loan, unto the Committee of the Lords and Commons, for the Defence of the Kingdom, the Sum of One Hundred Thousand Pounds, for the Supply of the Publick Necessity, for the Defence of the King, Parliament and Kingdom, upon the Publick Faith, to be repaid duly and carefully, within so short a Time, that it shall not be diverted from the Purpose for which it was intended, or any way frustrate the Acts already made in the behalf of that Adventure.
By which Order, and that which hath been here truly set down, it will easily appear to all the indifferent People of His Majesty's three Kingdoms, whether the King and his Cavaliers, or the King and his Parliament, do most affect and endeavour the settling of true Religion, and a firm and constant Peace within that bleeding and distressed Kingdom.
A Declaration of the Lords and Commons, requiring the Subjects not to assist the King in this War.
Whereas the King, seduced by wicked Counsel, doth make War against his Parliament and People: And for the promoting of that War, divers Forces, both of Horse and Foot, have been and are levied and raised by several Persons, and His Majesty's good Subjects are most cruelly robbed, spoiled and slain.
To the end that no Man may be mis-led through Ignorance, the Lords and Commons in Parliament declare, That all such Persons as shall, upon any pretence whatsoever, assist His Majesty in this War, with Horse, Arms, Plate or Money, are Traitors to His Majesty, the Parliament and Kingdom, and shall be brought to condign Punishment for so high an Offence.
Orders to suppress Disorders by Soldiers.
Whereas there have been divers Complaints made unto us of many Disorders committed by the Soldiers in their marching, and in such Places wherein they have been quartered or billetted; which Disorders, as is inform'd, have been partly occasioned by the neglect of their Officers, to go along with them and conduct them: It is therefore Ordered, by the Lords and Commons assembled in Parliament, that the Lord General be desired to give Command to all his Officers, that they take care to attend, according to the Duty of their several Places, that the Soldiers thereby may be hereafter kept from stragling up and down the Countries: And to that end to lay his Command upon the Officers of each Company, both in the marching, quartering and billerting, to be in Person amongst the Soldiers themselves, to prevent any Disorders whatsoever, and punish such as shall offend.
The Impeachment of the House of Commons, against Sir Richard Gurney Knight and Baronet, Lord-Mayor of the City of London.
First, That the said Sir Richard Gurney being nominated, elected and chosen Lord-Mayor of the said City of London, for this present Year 1642, and in the Year of Our Sovereign Lord King Charles, of England, Scotland, France and Ireland, &c. the Eighteenth; whereby the Ordering, Rule and Government of the said City of London was committed to the Trust, Care and Charge of him the said Sir Richard Gurney, he the said Sir Richard Gurney, in or about the Month of June last past, and during the time of his Mayoralty, as aforesaid, in Contempt and Malice against the Parliament, and the Proceedings thereof; and contrary to his Oath, and the Faith and Trust reposed in him; and with an Intent, Purpose, and Resolution to overthrow the ancient Customs and Usages of the said City; and with an Intent, Purpose, and Resolution to bring in an Arbitrary and Tyrannical Government, contrary to the Laws and Statutes of this Realm, and the settled Government established in the same Kingdom; and with an Intent and Endeavour to levy War against the Parliament; Did, in or about the Month of June last past, proclaim and publish, or did cause and procure to be openly read and published, within the said City of London, and Suburbs of the same, divers illegal Proclamations, containing in them Matters of dangerous Consequence, and contrary to the Votes and Orders of both Houses of Parliament, and likewise contrary to the Rights and Privileges thereof, and the Liberty and Property of the Subject.
Secondly, That in or about the Month of December last past, a great number of His Majesty's Dutiful and Loyal Subjects, in and about the City of London, did contrive and draw up a certain Petition, wherein were contained many of their Grievances, with an Intent to present the same to the Honourable House; he the said Sir Richard Gurney being then and now Lord-Mayor of London, did earnestly labour and endeavour to suppress the said Petition, and to hinder the same from being delivered to this Honourable House; and did threaten and menace the said Petitioners, Imprisoned divers of them, contrary to the Laws and Statutes of this Realm, and contrary to the Liberty of the Subject.
Thirdly, The said Sir Richard Gurney, together with one Bynyon, did further Plot and Contrive one seditious and scandalous Petition, containing Matters of dangerous Consequence, endeavouring thereby to raise Tumults and Discords within the said City, and to make and encrease the Difference between His Majesty and the Parliament; whereupon many insolent Persons, ill-affected to the State, and the Proceedings of Parliament, did, in a riotous and unlawful manner, assembeld and gather themselves together in Cheapside within the said City, and then and there committed many riotous Acts, contrary to the Peace of Our Sovereign Lord the King, and contrary to the Civil Government of the said City. And he the said Sir Richard Gurney did purposely, wittingly and willingly permit and suffer the aforesaid riotous Persons to escape, without due and deserved Punishment of Law.
Fourthly, That whereas, by Order of both Houses of Parliament, the said Lord-Mayor was appointed to call a Common-Council; he refused so to do: And when a Common-Council was called by the said Sir Richard Gurney, it was moved on the behalf of both Houses of Parliament, that great Quantity of Arms, and other Ammunition, should be laid into some Store-houses within the said City, for His Majesty's Service, and the Good and Safety of the Kingdom; he the said Sir Richard Gurney, being ill-affected to the State, and the Proceedings of Parliament, did, in a most obstinate and malicious manner, withstand, refuse or gain-say the same, contrary to the Order of both Houses of Parliament, giving many insolent Speeches against the Authority thereof, with an Intent and Purpose to discourage all well-affected Persons to yield Obedience to the Orders of Parliament, and to make Difference and Division between His Majesty and the Parliament. All which Matters and Things have been perpetrated, committed, and done by him the said Sir Richard Gurney, during the Time of his Mayoralty aforesaid.
Articles of Impeachment against Sir Thomas Gardiner Recorder of the City of London.
- 1. That the said Sir Thomas Gardiner being now, and for six Years last past, having been Recorder of the City of London, and having taken an Oath for his faithful discharge of his said Office, and to maintain the Franchises and Customs of the said City, and not to discover the Counsel thereof to the hurt of the same, did in the Year of Our Lord God 1638, contrary to the Laws of this Kingdom, and contrary to his Oath, wickedly advise, direct, and earnestly press Sir Maurice Abbot Knight, then Lord-Mayor of London, the Aldermen and Common-Council of the said City, and others at several times since, to impose levy, and take of the said Citizens and Inhabitauts, without their Consent in Parliament, the illegal Tax of Ship-money. And being told by some of the said Common-Council, that the Tax of Ship-money was against Law; he the said Sir Thomas Gardiner, replied, There would be Law found for it e're long.
- 2. That the said Sir Thomas Gardiner, in the said Year 1638, did wickedly advise and perswade the said Lord-Mayor, Aldermen and Common-Council of London, that they might, at their own Will and Pleasure, by Force and Power of the Acts of that Court, Tax and Levy on the said Citizens and Inhabitants, without their Consent in Parliament, a certain Sum of Money by way of Loan, to furnish His Majesty for his Wars; affirming, that such Acts would bind and compel the Citizens to pay the same. And also in the said Year 1638, contrary to his Oath, and against the said Laws of the Land, did wickedly advise and direct the then Lord-Mayor, Aldermen, and Common-Council to raise and levy an Army of 3000 Men of the Trained-bands of the said City, to serve His Majesty in his Wars in the North, against His Majesty's Subjects of Scotland: And therein he affirmed, That every Subject was bound by his Allegiance to serve the King; and that neither the Statute-Law nor their Charters could excuse them: Saying also at the same time, It is now no Time to plead Statutes and Charters.
- 3. That about the Month of February, 1639, he the said Sir Thomas Gardiner, contrary to his Oath, and to the Laws of the Land, did earnestly perswade and press Sir Henry Garraway Knight, then Lord-Mayor, the Aldermen and Common-Council of London, to impress Cloth, and conduct 200 Men of the said Citizens and Inhabitants, to serve the King in his Wars in the North, against His Majesty's Subjects of Scotland: And altho' the same was refused to be done by the said Court of Common-Council, as a thing against Law; yet by the perswasion of the said Sir Tho. Gardiner, the same was then performed by the then Lord-Mayor, and the Money pay'd for the same out of the Chamber of London, without any Consent or Approbation of the said Court of Common-Council, contrary to the Liberties and Customs of the said City, and in subversion of them.
- 4. That a Petition directed to His Majesty, being prepared in the said Year 1638, by the said then Lord-Mayor, Aldermen and Common-Council, setting forth the Laws and Statutes of this Kingdom, and the Charters of the said City, to exempt the said Citizens and Inhabitants of London from certain illegal Taxes and Services, whereby His Majesty might be pleased not to continue such his Demand of Men and Money from them; he the said Sir Thomas Gardiner, contrary to his Oath, and Duty of his Place, did reveal and disclose to His Majesty their Counsel and Intention of delivery of that Petition; and then told the Persons appointed to deliver the same Petition, that His Majesty would receive no Petition from them.
- 5. That the said Sir Thomas Gardiner, to the end to preserve himself from being questioned for the same Crimes, laboured to hinder the calling of Parliaments; and therefore in the Month of May, in the Year 1640, presently after the dissolving of the Parliament, he the said Sir Thomas Gardiner, advised and perswaded the then Lord-Mayor, Aldermen and Common-Council of London, to lend the King 100,000 l. for his Wars against His Majesty's Subjects of Scotland. And albeit they told him, it was not safe for them to do it, when the Parliament and the Kingdom had refused it, yet he earnestly perswaded them thereunto; and in or about July in the said Year 1640, when many Thousands of the said Citizens of London joined in a Petition to be delivered unto His Majesty to call a Parliament, for setling the Distractions of this Kingdom, and for the Peace and Welfare thereof, and of His Majesty's Kingdom of Scotland; he the said Sir Thomas Gardiner did earnestly disswade them from it, saying, It was dangerous and needless, and the Petition would come unseasonably to interrupt the King's Affairs.
- 6. That in December last, when a Petition was prepared, and subscribed by many Thousands of the said Citizens, to be presented to the House of Commons, to assure them of their good Affection to the King and Parliament, and not to divert the Parliament in their just ways; he the said Sir Thomas Gardiner, caused some of the Petitioners to be sent for before the Lord-Mayor and himself, and questioned them as Rioters and Disturbers of the Peace, saying, That the putting their Hands to a Petition, was the way to put all together by the Ears. And being then answered by some of the said Petitioners, That they fought nothing but Peace; he replied in these or the like Words, Is this your way to Peace? no, it tends to Sedition and Blood, and to cutting of Throats; and if it come to that, you may thank your selves, your Bloods be upon your own Heads. And he used other threatning Speeches to discourage and terrify the Petitioners from further proceeding in their said Petition; which Petition was afterwards presented to the Lords and Commons in Parliament, and well approved by them, and doth not contain any dangerous matter, as was maliciously by him pretended, as may appear by a Copy of the Petition hereunto annexed.
- 7. That in January last, at a Court of Common-Council in London, an Order of the House of Commons was sent and delivered to the Lord-Mayor, Aldermen and Common-Council of the said City, appointing them to make choice of meet Persons to have the ordering of the Militia; whereat the said Sir Thomas Gardiner was present, and took notice of the said Order, and declared his Opinion, that the Persons of the Committee formerly chosen for the Safety of the said City, were the fittest Men to take that Service upon them. Whereupon the Lord Mayor and Sheriffs desiring to be execused, the Persons of the said Committee were chosen by a clear Vote, and their Names sent to the House of Commons, and by them and the House of Peers allowed and approved of: Yet afterwards he the said Sir Thomas Gardiner endeavouring and plotting to hinder the Proceedings in Parliament, the Peace and Safety of this Kingdom, did most maliciously and wickedly advise and direct the making and framing of two false and seditious Petitions; and he the said Sir Thomas Gardiner, upon perusal of them, affirmed the Matters contained in them to be agreeable to Law, and to the Custom of the said City, thereby encouraging divers of the said City to subscribe the same, and to send the one of them to be presented to His Majesty, and the other to the Lords and Commons in Parliament; which Petitions do contain in them divers false, scandalous and seditious Matters; and in particular, that Petition annexed hereunto, a Copy whereof was afterwards subscribed by divers Citizens, and presented to the House of Commons, containing false Matter, That the ordering of the Arms of the said City of London, had been, time out of Mind, annexed to the Mayoralty for the time being; and insinuating, that if the same should be conferred upon others, it would reflect upon the Government and Custom of the said City, which every Freeman of the said City was by his Oath of Freedom bound to maintain to the uttermost of his Power; which Petitions were so contrived, framed and published, on purpose to divert His Majesty from assenting to the said Ordinance, and to work a Distraction in the said City, and to bring the Parliament, City and whole Kingdom into Disorder and Confusion. All which Matters committed and done by the said Sir Thomas Gardiner, were and are high Crimes and Misdemeanors, contrary to the Laws of this Realm, and in Subversion of them, and contrary to the Rights and Privileges of Parliament, the Liberty and Property of the Subject, tending to Sedition, and to the Disturbance of the Publick Peace of this Realm.
And the said Commons, by Protestation, saving to themselves the liberty of exhibiting at any time hereafter any other Accusation or Impeachment against the said Sir Thomas Gardiner, and also of Replying to the Answers that the said Sir Thomas Gardiner shall make unto the said Articles, or to any of them, and of offering further Proof of the Premises, or any of them, or of any other Impeachment or Accusation that shall be exhibited by them, as the Cause shall, according to the course of Parliament, require, do pray that the said Sir Thomas Gardiner may be put to answer all and every the Premiles, and that such Proceedings, Tryals, Judgments, and Executions may be upon every of them had and used, as is agreeable to Law and Justice.
Veneris 12 August, 1642.
The Commons, with their Speaker, came to the Bar of the Lords House, and demanded Judgment against Sir Richard Gurney Knight and Baronet, Lord-Mayor of the City of London, impeached by them before the Lords in Parliament: Whereupon the Lord-Mayor was brought to the Bar, and the Lord Kimbolton being then Speaker, pronounced the Sentence following, viz.
Whereas Sir Rich. Gurney Knight and Baronet, Lord-Mayor of the City of London, hath been impeached by the Knights, Citizens and Burgesses of the House of Commons, for causing Proclamation to be made in several places of the City of London, for the putting in execution the Commission of Array, tending to the raising of Forces against the Parliament, and the Subversion of the Laws and Peace of this Kingdom; and for the framing of two false and scandalous Petitions, to set Division between His Majesty and the Parliament, and the Parliament and the City; and for imprisoning certain Apprentices, who had framed a Petition unto the Parliament; and for not punishing or proceeding against certain Rioters, or Misdoers within the City of London, acted on or about the 20 of February, 1641; and for refusing or neglecting to call a Common-Council for the Good and Safety of the said City and Kingdom, being thereunto commanded by the Authority of both Houses of Parliament.
The Lords having taken the said Charges into their due Consideration, do find the said Sir Richard Gurney, Lord-Mayor of the City of London, guilty of causing the said Proclamation for putting the Commission of Array in execution, to be published, tending to the disturbance of the Peace of this Kingdom, and of not suppressing the said Riots and Misdemeanors, and of not calling a Common-Council, as he was by Order of Parliament required.
- 1. That the said Sir Richard Gurney shall be no longer Lord-Mayor of the City of London.
- 2. That he shall be hereafter uncapable to bear any Office in the said City of London.
- 3. That he shall be uncapable to bear or receive any further Honour hereafter.
- 4. That he shall be Imprisoned in the Tower of London during the Pleasure of this House.
On the 20th of August, the King with his Forces came before the City of Coventry, who having shut up their Gates, were commanded by a Message from His Majesty to open them. They returned Answer that they were content to receive His Majesty with a competent Guard, but not to let in his Army; whereupon the Ordnance were drawn up and planted to batter the Gates, but the City being lately re-inforced with 300 Men from Bromingham, so that there were near a thousand Men in it, were encouraged to hold out; and especially because Colonel Hambden, Colonel Hollis, and Colonel Goodwyn were marching towards their Relief; so the King's Forces drew off and departed, and none were slain at this time.
August 21st, one Mr. Drake, a Merchant, employed for the securing of Dover -Castle for the Parliament, on Sunday the 21st of August, in the dead of the Night, taking about half a score other Townsmen with him, climed up the Rock, carrying with them Musquets ready charged, and drew up Scaling-Ladders after them, and so got all safe and un-perceived over the Castle-Wall, and there marched down to the Corps-du-Guards, where they found but four Men, which were so daunted with their unexpected appearing, and apprehending they might be followed with greater Number, submitted and yielded up their Arms without any Ressistance; then Drake and his Party went up to the Gentleman-Porter, and demanded the Keys of the Gates, for the use of the King and Parliament, telling him they had a Warrant so to do; and he refusing, they threatned to break open his Door and shoot him; so at last he surrendred the Keys, and they turned out the first they met, and there being not above twenty Men in the Castle, in a little time they left none there but themselves; and immediately dispatcht an Express to the Earl of Warwick, who sent them forty Musqueteers, and the City of Canterbury sent forty more.
The manner of His Majesty's setting up his Standard at Nottingham, on Monday, Aug. 22d, 1642.
Monday, being the 22d of August, in the Morning, His Majesty left his Forces before Coventry, and with some Lords and others in Company rode to Liecester, where he dined that day at the Abby, the Countess of Devonshire's House. Presently after Dinner the King again took Horse, and with his Company rode to Nottingham, where was great Preparation for the setting up of the Standard that Day, as was formerly appointed. Not long after the King's coming to Town, the Standard was taken out of the Castle, and carried into the Field, a little on the backside of the Castle-Wall. The Likeness of the Standard was much of the Fashion of the City Streamers used at the Lord-Mayors Show, having about twenty Supporters, and was carried after the same way; on the top of it hangs a Flag, the King's Arms quartered, with a Hand pointing to the Crown, which stands above with this Motto, Give Cesar his due. The Names of those Knights Baronets who were appointed to bear the Standard, (viz.) the chief of them, were Sir Thomas Brooks, Sir Arthur Hopton, Sir Francis Wortley, and Sir Robert Dadington.
Likewise there were three Troops of Horse to wait upon the Standard, and to bear the same backward and forward, with about 600 Foot Soldiers. It was conducted to the Field in great State, His Majesty, the Prince, Prince Rupert, (whom His Majesty had lately made Knight of the Garter) going along with it, with divers other Lords and Gentlemen of His Majesty's Train, besides a great Company of Horse and Foot, in all to the number of about 2000.
So soon as the Standard was set up, and His Majesty, and the other Lords placed about it, a Herald at Arms made ready to publish a Proclamation, declaring the Ground and Cause of His Majesty's setting up of his Standard, namely, to suppress the Rebellion of the Earl of Essex, in raising Forces against him, to which he required the Aid and Assistance of all his loving Subjects; but before the Trumpeters could sound to make Proclamation, His Majesty called to view the said Proclamation, which being given him, he privately read the same over to himself, and seeming to dislike some Passages therein, called for Pen and Ink, and with his own Hand crossed out, and altered the same in some places, and then gave it the Herald, who proclaimed the same to the People, tho' with some Difficulty, after His Majesty's Corrections: after the reading whereof, the whole Multitude threw up their Hats, and cried, God save the King, with other such like Expressions. Not long after the reading of the said Proclamation, it being towards Night, the Standard was taken down, and again carried into the Castle, with the like State as it was brought into the Field; and the next day it was set up again, and His Majesty came along with it, and made Proclamation as the day before, and the like was also done on Wednesday, His Majesty being also present: but after that it was set up with less Ceremony.
His Majesty's Message to both Houses of Parliament, sent from Nottingham, by the Earls of Southampton and Dorset, Sir John Culpeper Knt. Chancellor of the Exchequer, and Sir William Uvedal Knt. after his Standard was erected, Aug. 25th 1642, in Order to a Treaty for Peace.
'We have with unspeakable Grief of Heart, long beheld the Destraction of this Our Kingdom. Our very Soul is full of Anguish, until We may find some Remedy to prevent the Miseries which are ready to overwhelm this whole Nation by a Civil War. And tho' all Our Endeavours tending to the composing of those unhappy Differences betwixt Us and Our two Houses of Parliament, tho' pursued by Us with all Zeal and Sincerity, have been hitherto without that Success We hoped for; yet such is Our constant and earnest Care to preserve the Publick Peace, that We shall not be discouraged from using any Expedient, which, by the Blessing of the God of Mercy, may lay a firm Foundation of Peace and Happiness to all Our good Subjects. To this end, observing that many Mistakes have arisen by the Messages, Petitions and Answers betwixt Us and Our two Houses of Parliament, which happily may be prevented by some other way of Treaty, wherein the Matter in difference may be more clearly understood, and more freely transacted, We have thought fit to propound unto you, that some fit Persons may be by you enabled to treat with the like Number authorized by Us, in such a manner, and with such freedom of Debate, as may best tend to that happy Conclusion, which all good Men desire, the Peace of the Kingdom; wherein, as we promise in the Word of a King, all Safety and Encouragement to such as shall be sent unto Us, if you shall chuse the Place where We are for the Treaty, which We wholly leave to you, presuming the like Care of the Safety of those We shall employ, if you shall name another Place: So We assure you and all Our good Subjects, that to the best of Our Understanding, nothing shall be therein wanting on Our part, which may advance the true Protestant Religion, oppose Popery and Superstition, secure the Law of the Land, (upon which is built as well Our just Prerogative, as the Propriety and Liberty of the Subject) confirm all just Power and Privileges of Parliament, and render Us and Our People truly happy, by a good Understanding betwixt Us, and Our two House of Parliament. Bring with you as firm Resolutions to do your Duty, and let all Our good People joyn with Us in Our Prayers to Almighty God for his Blessing upon this Work.
'If this Proposition shall be rejected by you, We have done Our Duty so amply, that God will absolve Us from the Guilt of any of that Blood which must be spilt. And what Opinion soever other Men may have of Our Power, We assure you nothing but Our Christian and Pious Care to prevent the Effusion of Blood hath begot this Motion, Our Provision of Men, Arms and Money being such as may secure Us from further Violence, till it please God to open the Eyes of Our People.
The Answer of the Lords and Commons to such His Majesty's Message.
May it please Your Majesty.
The Lords and Commons in Parliament assembled, having received Your Majesty's Message of the 25th of August, do with much Grief resent the dangerous and distracted Estate of this Kingdom, which We have by all Means endeavoured to prevent, both by our several Advices and Petitions to Your Majesty, which have not been only without Success, but there hath followed that which no ill Counsel in former times hath produced, or any Age hath seen, namely, those several Proclamations and Declarations against both Houses of Parliament, whereby their Actions are declared Treasonable, and their Persons Traitors; and thereupon Your Majesty hath set up your Standard against them; whereby you have put the two Houses of Parliament, and in them this whole Kingdom, out of your Protection: So that until Your Majesty shall re-call those Proclamations and Declarations, whereby the Earl of Essex, and both Houses of Parliament, and their Adherents and Assistants, and such as have obeyed and executed their Commands and Directions, according to their Duties, are declared Traitors or otherwise Delinquents: And until the Standard, set up in pursuance of the said Proclamations, be taken down, Your Majesty hath put us into such a Condition, that whilst we so remain, we cannot, by the Fundamental Privileges of Parliament, the Publick Trust reposed in us, or with the general Good and Safety of this Kingdom, give Your Majesty any other Answer to this Message.
His Majesty's Reply to an Answer sent by the two Houses of Parliament, to His Majesty's Message of the 25th of August, concerning a Treaty of Accommodation.
'We will not repeat what Means We have used to prevent the dangerous and distracted Estate of the Kingdom, nor how those Means have been interpreted; because being desirous to avoid the Effusion of Blood, We are willing to decline all memory of former Bitterness that might make Our Offer of a Treaty less readily accepted.
'We never did declare, nor never intend to declare both Our Houses of Parliament Traitors, or set up Our Standard against them, and much less to put them and this Kingdom out of Our Protection; We utterly prosess against it before God and the World: and further to remove all possible Scruples, which may hinder the Treaty so much desired by Us, We hereby promise, so that a day be appointed by you for the revoking of your Declarations against all Persons as Traitors, or otherways for assisting Us, We shall, with all Chearfulness, upon the same day re-call Our Proclamations and Declarations, and take down Our Standard. In which Treaty We shall be ready to grant any thing that shall be really for the good of Our Subjects, conjuring you to consider the bleeding Condition of Ireland, and the dangerous Condition of England, in as high a degree, as by these Our Offers We have declared Our Self to do; and assuring you that Our chief Desire in this World, is to beget a good Understanding and mutual Confidence betwixt Us and Our two Houses of Parliament.
To the King's most Excellent Majesty:
The humble Answer and Petition of the Lords and Commons assembled in Parliament, unto the King's last Message.
May it please Your Majesty,
If we the Lords and Commons assembled in Parliament, should repeat all the Ways we have taken, the Endeavours we have used, and the Expressions we have made unto Your Majesty, to prevent those Distractions and Dangers Your Majesty speaks of, we should too much enlarge this Reply; therefore as we humbly, so shall we only let Your Majesty know, that we cannot recede from our former Answer, for the reasons therein expressed; for that Your Majesty hath not taken down your Standard, re-call'd your Proclamations and Declarations whereby you have declared the Actions of both Houses of Parliament to be Treasonable, and their Persons Traitors, and you have published the same since your Message of the 25th of August, by your late Instructions sent to your Commissioners of Array. Which Standard being taken down, and the Declarations, Proclamations and Instructions re-called; if Your Majesty shall then, upon this our humble Petition, leaving your Forces, return unto your Parliament, and receive their faithful Advice, Your Majesty will find such Expressions of our Fidelities and Duties, as shall assure you, that your Safety, Honour and Greatness can only be found in the Affections of your People, and the sincere Counsels of your Parliament, whose constant and undiscouraged Endeavours and Consultations have passed through Difficulties unheard-of, only to secure your Kingdom from the violent Mischiefs and Dangers now ready to fall upon them, and every part of them, who deserve better of Your Majesty, and can never allow themselves, representing likewise your whole Kingdom, to be balanced with those Persons, whose desperate Dispositions and Counsels prevail still to interrupt all our Endeavours for the relieving of bleeding Ireland, as we may fear our Labours and vast Expences will be fruitless to that distressed Kingdom. As your Presence is thus humbly desired by us, so 'tis our hope Your Majesty will in your Reason believe there is no other way than this to make Your Majesty's Self happy, and your Kingdom safe.
A Declaration of the Lords and Commons in Parliament, with some Directions to the Knights, Gentlemen, and other Inhabitants of Yorkshire, and the other Northern Counties.
We the Lords and Commons in Parliament assembled, have perused and seriously considered a Letter sent from many of the principal Knights, Gentlemen, and other Inhabitants of the County of York, directed to a worthy Knight of that County, being a Member of the House of Commons, and intended for the Information of both Houses of Parliament, concerning His Majesty's Purpose of raising his Standard at Nottingham; the present State of the Northerly Parts, and the growing Mischiefs and Miseries like to overwhelm the whole Kingdom, by the great Oppressions exercised upon His Majesty's Subjects there; and other unlawful and dangerous Counsels and Proceedings of those, who, under pretence of His Majesty's Service, are laying the Foundation of an Arbitrary and Tyrannical Government, or rather Confusion and Desolation, not only in those Parts, but in the whole Kingdom: Upon which, and other Informations and Discoveries, we think fit to publish and declare some few Observations, whereby the good Subjects of this Kingdom may better discern their own Danger, and be stirred up with more earnestness to assist us in the maintenance of Religion, and of the common Justice and Liberty of the Kingdom, which seems to be in no less hazard, than if we had an Army of the Irish Rebels in the bowels of the Land.
The first Observation is this; That now it plainly appears to the World, that there was good ground of those Fears and jealousies, so often expressed by both Houses, That His Majesty intended to make War against his Parliament; and that the Oaths, Protestations and Execrations, published in His Majesty's Name, disclaiming any such Purpose of War, were nothing but the Devices of those wicked Counsellors about him, that under such Disguises and Pretentions of Peace, they might more closely arm and prepare themselves for War, and by Violence to suppress the Parliament, and so to make way for the Accomplishment of their own Designs, for the Alteration of Religion, and the Government of the Kingdom,
The second; That this War is said to be for the Defence of the Protestant Religion; and yet the most diligent Assistants and Promoters of it are Papists, and that corrupt and superstitious part of the Clergy that were running towards Popery; wherein the Papists are so frequent, that they not only send in Horse and Arms, but the better to qualify ther Persons for this present Service, many heretofore constant Recusants, do now resort to Church, and take the Oaths of Supremacy and Allegiance. And with what Affections they look upon the Reformed Religion, is evident in the Speeches of those who robbed Mr. Marwood's House, calling his Wife Protestant Whore and Puritan; she being a very virtuous Gentlewoman, and of Good Quality, only the Hatred of Religion was it which provoked them to such ignominious Language, which by those Popish Cavaliers is prosecuted under the Name of Roundhead, as it hath been by the Prelatical Clergy under the Name of Puritan.
A fourth; That notwithstanding all the Vows and Protestations to govern by Law, which have been dispersed throughout the Kingdom, to blind and deceive the People, the most mischievous Principles of Tyranny are practised that ever were invented, that is, to disarm the middle sort of People, who are the Body of the Kingdom, and to maintain Soldiers by forced Contributions; to erect a Provincial Government in the North, clearly against the Common-Law, and the Judgment given in this Parliament for taking away the Court at York. That the Contrivers and Instruments of these Mischiefs, for their better strengthning in these Designs, are about to joyn themselves in an Association with other Counties. That Directions are given, that such as shall not oppose, or joyn with them, shall be violently plundered and pillaged.
That all well-affected and good Subjects, who shall be plundred, pillaged, and suffer in their Estates, by any of the Cavaliers, or other Forces raised without Consent of Parliament, shall have such reparation of their Damages, out of the Estates of those who have been Actors and Counsellors in such Violences, and likewise out of the Estates of all such Persons in any part of the Kingdom whatsoever, who have withdrawn themselves to York, and shall persist to serve the King in this War against the Parliament, by any Subscription, Contribution, or otherwise have given Assistance and Countenance to the maintenance thereof.
That it shall be lawful for any number of Persons to joyn together, and to defend themselves and others from Rapine and Force; and the Earl of Essex Lord-General of the Forces raised by the Lords and Commons, for the Defence of the Religion and Liberty, and for Protection of the oppressed Subjects of this Kingdom, and the Lieutenant of the County of York is desired to grant such Commissions for levying, leading and conducting of Forces in the Northern Parts, as shall be thought requisite by his Excellency: And Sir John Hotham, Governor of Hull, is required to give all kind of Assistance, by the Garrison of the Town, and by furnishing them with Powder, Arms, and other Ammunition as he can spare. And for the better enabling of them in this their necessary Defence, it is resolved, that further Supplies of Arms shall be sent thither as speedily as may be. That the Sheriff of the County of York, and the Sheriffs of the adjoyning Counties, and all Lieutenants, Deputy-Lieutenants, Mayors, Justices of the Peace, and other His Majesty's Officers and loving Subjects, be aiding and assisting them, in defence of His Majesty's Subjects from all Oppression and Violence, with the Power of the Counties, and Trained-bands.
That it shall be lawful for all Lord-Lieutenants, Deputy-Lieutenants, Sheriffs, Mayors, Bailiffs and Head Officers of Corporations, to disarm all Popish Recusants, and all other His Majesty's Subjects to be assisting unto them: And that it shall be lawful for any of His Majesty's Subjects to seize upon the Persons of all such as shall execute the illegal Commission of Array, or shall be Actors and Assistants in any of the aforementioned Oppressions and Violences, or shall furnish any Horse, Arms, Money, or other Aid or Contribution, for the maintenance of this unnatural War, raised by His Majesty against his Parliament, and to seize upon their Horses, Arms, Money, and other Provisions, whereby they might be enabled to disturb the Peace of the Kingdom.
An Order of Parliament to suppress Riots.
Die Jovis 8 Aug. 1642.
It is this Day Ordered by the Lords and Commons in Parliament assembled, That the several Lord-Lieutenants appointed by Parliament, their Deputy-Leutenants, the Justices of the Peace, and others His Majesty's Officers within the Kingdom of England, and Dominion of Wales, shall take special Care to prevent and suppress all Riots, Tumults, breaking into, or robbing Houses, breaking into Churches, taking away of the Goods of any Person, or taking of Victuals without due payment for the same: And to take and apprehend all such Person or Persons as shall do or commit any such Outrages as aforesaid, and to proceed against them according to Law.
And it is further Ordered, That the Commanders, and several Officers, shall give their best Assistance for the Apprehension and Punishment of all such Persons who shall be found Guilty of the Misdemeanors aforesaid.