Historical Collections of Private Passages of State: Volume 5, 1642-45. Originally published by D Browne, London, 1721.
This free content was digitised by double rekeying. All rights reserved.
The Earl of New-castle being upon his March from New-castle upon Tyne towards York, with a considerable Army, when he was advanced as far as Piercebrig (being a Pass over the River Tees, which parts Yorkshire and the County Palatine of Durham) a Party of the Lord Fairfax's Horse, commanded at that time by Captain Hotham, disputed the Pass with the said Earl several Hours, having but two small Pieces of Ordnance with them. But the Earl of New-castle did over-power the Lord Fairfax's Forces with great Cannon; whereupon Capt. Hotham, and those Forces with him, retreated towards the Lord Fairfax's Head-Quarters at Tadcaster. In the said Dispute Col. Thomas Howard, with several other Gentlemen, under the Command of the Earl of New-castle, were slain. So the Earl of New-castle march'd towards York, and had his Commission enlarged to command in Chief in Yorkshire, and other southern Counties, as well as in the rest of the northern Counties. And the Lord Clifford Earl of Cumberland, who commanded in chief before the Earl of New-castle came, gave Way to his entring into the City of York, where he was well received by the Gentry of that County; and Sir Thomas Glemham, then Governor of York, presented him with the Keys of that City.
A Declaration made by the Earl of New-castle, Governour of the Town and County of New-castle, and General of all his Majesty's Forces raised in the Northern Parts of this Kingdom, for the Defence of the same,
of his Resolution of marching into Yorkshire. As also, a just Vindication of himself from that unjust Aspersion laid upon him, for entertaining some Popish Recusants in his Forces. Printed at York by special Command, 1642.
I have now by his Majesty's special Command and Commission, for some Months last past, resided in the Town of New-castle. All which Time I have proceeded in pursuance of the Points of my Commission (which were none else but the Preservation of this Town, the County of Northumberland, and the Bishoprick of Durham, and the Liberty of the true Protestant Religion, of the Laws of this Kingdom established by Parliaments, the Property of the Subjects, Persons, and Goods, and securing of this Port) with that Integrity and Tenderness of his Majefsy's Honour who doth passionately affect the Safety and Liberty of the Subject, in all the Particulars abovementioned; That I have great and just Occasion to bless Almighty God for so prospering this his own, and our Soveraign his Servants Work, in my weak Hands: As I am confident I have not yet miscarried in any one Particular, wherein by God and his Majesty I have been intrusted. For whereas, in most of the Counties of this Kingdom, there are nothing to be heard but most pitiful, and yet most unpitied Complaints of the Subjects, for the horrible Violation of their Churches, and Indignities offered to the Service of God, unjust Captivating of their Persons, Exhausting of their Purses by most racking Exactions, Plundering and pillaging of their Houses and Goods, against the Law of God, and known Laws of the Land; and all this exercised by a Party who pretend nothing but the Religion of God, the Law of the Land, and the Liberty of the Subject. Yet (blessed be God for it) all they who live in these Parts under my Charge, can with one Accord testifie, that as yet they have not tasted in the least Degree any of these sharp Outrages, either in their Possessions, Persons, or Goods, from that Party in whom they had little Reason to put any Trust, if by my Forces they had not been kept under: Nor yet can any of that lawless Party aver, that by any Forces of mine, or indeed any Force at all, they have suffered under such wicked Vexations, as they of their own Side in all Places, where they have had Power, have used towards those who have continued in Loyalty and Obedience to his Majesty. And farther, That his Majesty's Port and Haven hath, to his great Benefit, and the Comfort of all his good Subjects, who adhere to him, been so secured, as that now it remaineth as entirely at his Majesty's Devotion, as ever it did in times of highest Peace and Tranquillity.
But it hath not pleased God, That our Neighbours in Yorkshire, and the adjacent Counties should enjoy the like Calm, which hath moved many of the prime Noblemen and Gentlemen of the County of York, to remonstrate unto me their Sufferings which they endure from Sir John Hotham, his Son, and many their seditious and outragious Complices, and to desire my Aid for the redressing of them, and repressing their tumultuous Oppressions, before they swell to that Height, as it cannot stand with the Safety of the Persons and Estates of his Majesty's good Subjects in Yorkshire to make any Expressions of their Loyalty and Allegiance to his Majesty, unless by some of my Forces they be speedily comforted and relieved.
I having seriously weighed the Purport of my Commission, and finding it not only consistent with, and agreeable to the same; but knowing well his Majesties sacred Intention and constant Resolution to secure the Laws and Liberties of his Subjects by all Means which he can compass: I have now resolved to assist his Majesty's distressed Subjects in the County of York with competent Forces, and yet to leave this Town, and the two other Counties under my Charge, so strongly guarded, that their former Security shall be no ways discontinued or interrupted.
And therefore I do by these Presents, desire all his Majesty's loyal Subjects of the County of York, to take these Particulars into their serious Consideration, and I expect Credit to be given to them.
First, That I come not into their County by Intrusion, but by Invitation, and that from those Noblemen and Gentlemen, whom by long Experience they have known to be their soundest and sincerest Patriots, and who have promised me in their Names a cheerful Reception, their utmost Assistance and absolute Obedience to all my just and lawful Commandments.
Secondly, I do solemnly promise, That I come free from the least Intention of pillaging and plundering any of his Majesty's good and loyal Subjects, or of exacting any Thing from them which shall be against the Priviledge of the Parliament, the known Laws of the Land, and the Liberty of the Subject.
And Thirdly, That I intend by my Forces to vindicate you from the violent Incroachment and Oppressions made upon you in any of these Particulars, by those who to their lawless Ends abuse the sacred Name of Parliament.
And Fourthly, That I shall (during the Time of my Abode amongst you) do nothing of Moment, but by the Advice and Consultation with those Noblemen and Gentlemen, who have been Solicitors to me in your behalf; and when it shall please God to give a happy Consummation to those great Businesses for which I intend to come among you, I shall retire my self and Forces out of your County with much more cheerfulness then I conducted them thither.
And now I desire to give Satisfaction, both to you of Yorkshire, and all other true Protestants of this Kingdom, why I have been necessitated to take under my Command and Conduct divers Popish Recusants in these Northern Parts.
First, It was not his Majesty's Intention, nor the Intention (for any Thing I know) of any in Authority under him, to admit any of them into this Service, if the Way had not been chaulked out unto his Majesty and his Ministers by these very Men, on whose Forge this Objection was hammer'd: Let the Muster-Rolls of that Army, which is named from the Parliament, be perused, and then it shall appear plainly, that the Managers of that Army do exactly and distinctly know, that they now have, and for many Months have had great Numbers under their Pay, both English, French, and other Nations, whom at the Time of their Enrollment (and ever since) they did know to have been prosessed Papists: whereas by the contrary, it is notoriously known, that before this Course was taken on the other Party, his Majesty and his Ministers did not admit to, nor continue any Soldiers in Pay, who were suspected to be that way inclined, or did refuse the Oaths of Allegiance and Supremacy; not that his Majesty thought it unlawful for him so to do, or that he did not hold his Recusant Subjects to be as strongly obliged by the Laws of this Land for the Defence of his Person, and the Liberty of Parliaments, and Laws of this Kingdom, as any of his Protestant Subjects; for if the Kingdom stood now under the Fear of a Foreign Invasion, is it to be conceived, that the Recusants of this Land were not by the Laws of the same obliged to adventure their Lives and Fortunes in Defence thereof? Sure the great Confusion which is now in this Kingdom, is of as fearful a Consequence as any foreign Invasion possible can be; and therefore the Recusants are so far from being disobliged, as they stand deeply obliged for giving their Assistance in this Time of Extremity, if they shall be required: But his Majesty was very cautelous and tender in this Point, and certainly would not have looked towards it, if the other Party had not first assumed that Liberty to themselves, from which by the Law of the Land he saw himself no way barred.
If there be no Bar in Law against it, then let us examine these pretended grand Inconveniencies, where with (as they alledge) it is attended. Sure the wisest Heathen Emperors that ever were, did admit into their Armies whole Legions of Christian Soldiers, whole Fidelity they rely'd much upon, tho' the Emperors themselves blasphemed that God whom those Christian Soldiers adored. Look upon Christian Popish Emperors; did Charles the Fifth, that wise and warlike Emperor, refuse the Service of any of the Protestants of Germany, in that Army wherewith he made War upon the Protestants? No, but cherished all such of them as he did conceive to stand for the Majesty and Liberty of the Empire. Look upon Protestant Kings and Princes; did Henry the Fourth the late French King, while he was yet a Protestant, reject the Assistance of those many French Papists, who spent their Lives in asserting his Crown, and approving their Allegiance to him. Or did blessed Queen Elizabeth of most precious Memory, upon whose Aid and Advice that great King did principally rely, go about to perswade him to dismissall his Popish Subjects out of his Army? and yet it was well known, that she was the greatest Patron and Prop of the Protestant Religion in the whole World. Do our Neighbours of the United Provinces reject the Auxiliary Regiments under the Pay of the French King, because many of them (if not most) are Papists, so long as they are secured of their Fidelity to them? The Point then will not be of their Religion, but whether they may be trusted in point of Fidelity and Allegiance.
But they do alledge in that Point, They are not to be trusted, since they refuse to take the Oaths of Allegiance and Supremacy. It were to be wished that those blessed Times had been perpetuated to us, in which it had continued a good Distinction, tho' not between all Papists, yet between Jesuited Papists and Protestants, the Taking or Refusing of those two Oaths; but we have lived to see, that those two Oaths (to the intolerable Scandal of the Protestant Religion) are indeed taken by some who call themselves Protestants, but most manifestly violated, and refused to be taken by some Papists, and yet the Tenour of them kept by those Refusers.
Our Saviour's Question in the Gospel was, Whether of the two was the better Servant, He who said he would do what his Master bid him, but did it not? or he who said he would not do it, but yet did it? This latter, by our Saviour's Approbation, was the better Servant. It is easie to be applied: Hath not his Majesty, and all the World, Reason to think that those Recusants, who upon weak, yet seeming strong Grounds unto them, refused to take the Oaths of Allegiance, and yet at this time perform the Contents of it; are far better Subjects, (and in this Point) far better Christians, then all those Protestants who have taken this Oath, and yet at this time practise quite contrary to that which is contained in it, and not only to what is contained in it, but to what is contained in their last Protestation, which they themselves so magnified, and in it did so expressly aver the Defence of the King's Person and Dignity; so that the tumultuous Petitioners, who came riding to the Parliament thro' the Streets of London, with that Protestation in their Hats, seemed, to honest and good Subjects, like Men standing upon several Pillories with Papers in their Hats, carrying in them their Crime and Condemnation for it.
And besides, it is well known, That there are other Recusants in England besides the Popish, viz. They who will not communicate in our Service and Sacraments, as they are established by the Laws of this Kingdom; and yet some of these are admitted to sit in either Houses of Parliament, tho' contrary to the Order of Parliament, they have not received the Communion. And how many Hundreds be in the Adverse Army, of Anabaptists, Brownists, and other Sectaries, who by the Laws of this Land are reputed far more dangerous Recusants, and do incur, by the same Law, far heavier Punishments than ordinary Papists do; for they being convicted, are to abjure the Land and Kingdom; whereas Papists incur only personal or pecuniary Mulcts, if they be not Priests or Jesuits, or Harbourers of them. If one would truly learn the damnable Doctrines of these Recusant Separatists, and foresee how upon their own Grounds and Tenents, when they shall have Power to put them in practice, they will attempt the Cutting of Throats of all Landlords and Magistrates, and will maintain, That it is against the Law of God for any Man to hold an Estate by Law or Birthright, but only according to Merit and Worth: Let him read the Commentaries of John Sleidan a grave and wise Historian, who in the Life of Charles the Fifth, hath excellently set down their lamentable Tenets and Tragedies, broached and acted by them about the Beginning of the Lutheran Reformation.
To conclude, I wish from my Heart there were Recusants of no kind in this Kingdom; I am resolved, as I have lived, so to die in the Profession of the true Reformed Religion, as it now standeth established by the Laws of the Land, and as it was professed, and practised in the purest Times of Peerless Queen Elizabeth; and for these few Recusants under my Command, I shall use all possible Care, that they do nothing against the Laws of this Kingdom, for I have received them not for their Religion, but for the Allegiance which they profess.
Mr. Denham, High-Sheriff of the County of Surrey, and the Commissioners of Array for that County, suddenly possessed themselves of Farnham-Castle in which they put 100 Soldiers; of which Action, Sir William Waller having speedy Notice, came before it with Horse and Dragoons, and summoned it; but having no Ordnance, they in the Castle contemned the Summons, whereupon Sir William presently approached with his Horse and Dragoons, and fastned a Petard to the Gate of the Castle, which broke the Gate in pieces; yet they could not presently enter, by reason they within had placed against the Gate great Piles of Wood, which being removed by Waller's Soldiers, they presently entred further into the Castle, whereupon they within yielded upon Quarter. And Waller brought away the High-Sheriff, some Gentlemen, and the Soldiers Prisoners to London. They took in the Castle 300 Sheep, 100 Oxen, besides some Warlik Provisions of Powder and Shot.
The Lord Digby on the 25th of Novemb. came before the Town of Marlborough in Wiltshire with about 400 Horse, and sent a Message, demanding Admission into the Town; which being denied, he for that time retreated. Hereupon the Townsmen began to fortifie the Town in the best manner they could, and sent to the Earl of Essex for some experienced Commanders (having none of their own) who sent them two Scotch-men (a Serjeant-Major and a Captain) who diligently directed and advanced the Fortifications. On Decemb. 3. being Saturday, the King's Forces again appeared, hovering with their Horse on the neighbouring Hills; whereupon (it being Market-Day) Mr. Franklin (a Member of Parliament) and two Scotch Commanders, thought it fit to keep in the Country-men and their Horses, that were come to Market, for the Defence of the Town.
On Monday Dec. 5. the Lord Grandison and Col. Gray appeared with their Troops on the North-side of the Town, and about 12 a Clock some Regiments of Foot and Dragoons came up (in all making about 6000) together with their Ordnance, and then they began the Assault; but the Town lying in a Valley between two Hills, their Cannon did no Execution. Col. Blake with his Regiment of Foot creeping behind the Hedges, and in some Ditches, got within Musket-shot, discharged upon the Town, and next Day my Lord Rivers's Regiment of Foot, and Col. Gray's Dragoons, with one Culverin, and one Demi-Culverin, attacked them in two Places at once, but were all warmly answered and obliged to retreat, this Assault being made on the North-east side of the Town.
At the same time Sir William Pennyman, with a Regiment of Foot and some Dragoons, attempted the North-west-side, and especially their great Guns from thence plaid apace, but hurt neither Man, Woman nor Child. And there were but 24 Men to oppose this whole Regiment in that Place, yet they maintained the Fight near three Hours, 'till at length some Granado's having fired an old thatcht Barn that stood near them, they were inforced to quit that Post; and the King's Forces having afterwards fired a Dwelling-House in another Place, came resolutely on, and broke in through a great Inn, into the midst of the Town, shouting and crying out, A Town! a Town! for King Charles, &c. Then those in the Town began every one to shift for himself, but were for the most Part taken Prisoners which way soever they flew; For the Lord Digby with his Regiment of Horse, and Capt. Daniel Oneal had beset the Town with Horse-men, from East to West on the South-side, and the Lord Grandison and the Lord Wentworth with their Troops, from West to East on the North-side, and heir Scours so kept the West and East Passages, that none could escape without great hazard and difficulty. Having thus won the Town, they set fire to it in two other Places, so that there were four Fires blazing at once, and the Soldiers fell to pillaging the Houses and Shops, all the wearing Apparel, Plate and Money they took away, and all the Horses and Carts that were in the Town, which were the more, because those of the Country that came to the Market had been kept in. On the Tuesday they carried away the Prisoners, being in Number between 100 and 120, marching on Foot, tied two and two together, before the Cannon, to Oxford; amongst whom the said Mr. Franklin and the two Scotch Commanders were the Chief. There were 53 Houses burnt; and the Damage sustained by the Town (besides the Value of those Houses) in Goods, Money, and Ware, was computed to amount to near 50000l. The chief Commanders on the King's Side in this Action were Commissary Wilmot, the Lord Grandison, the Lord George Digby, the Lord Wentworth, Sir William Pennyman Col. Gray, Col. Blake, Col. Washington, &c. On the Town-side, the two Scotch-men commanded, and they had but 140 Men that fought, of whom there was not one killed, nor any in the whole Town, except two Country-men that were slain as they were running out of the Town, after it was taken.
On Decemb. 6. divers of the Prisoners at Oxford were arraigned before Judge Heath and others, by virtue of a Commission of Oyer and Terminer; and amongst the rest Capt. John Lilburn, taken at Brainford, was brought to the Bar, and Indicted by the Name of John Lilburn, Yeoman, for High-Treason, in actual levying War against the King; who answered, That he would not plead to that Indictment, as it was drawn, for he would not admit any Thing on Record so much to the Prejudice of his Family, (who were Gentlemen, and had continued ever since William the Conqueror in the Bishoprick of Durham) as to answer to the Name of Yeoman, since he was descended of the chief House (now in Being) of that Family. Whereupon Judge Heath ordered the Record to be mended; which being certified, Lilburn owned that he was at Brainford, and ordered his Men to defend that Place against Opposition, by the Commands of the Parliament; and alledged he did nothing but in his own Defence, and that he never did, nor would bear Arms against his King, &c. Yet he was afterwards found Guilty; but upon the Parliaments Declaration herein-after recited, threatning Lex Talionis, reprieved, and so in Time exchanged, and got his Liberty.
A Proclamation for the free and safe Passage of all Clothes, Goods, Wares, and Merchandizes to our City of London.
Whereas we have been informed, that divers of our loving Subjects who have been travelling from our Western Counties, and other Parts of our Kingdom, to our City of London with Clothes, Goods, and other Merchandize, have been of late stopped and interrupted in their Journeys, and their Clothes, Wares, and Merchandize have been taken or detained from them, whereby the Season and Benefit of their Markets have been lost to them: And considering, that if the same License and Course shall be still taken and held, that the Damage and Mischief thereof will not only fall upon Places and Persons disaffected to us, but upon very many of our good and loving Subjects of all Parts, and that thereby the general Trade and Commerce of the Kingdom (which we have always, and do desire to advance to the utmost of our Power) will in a short Time decay, and the poor People wanting Work, be brought to Penury and Famine: We are graciously pleased to declare, and do hereby will and require all the Officers and Soldiers of our Army, and all other our Officers and Ministers whatsoever, that from henceforth they give no Stop or Interruption to any of our loving Subjects, as they travel to our City of London with any Clothes, Wares, or other Merchandize, but that they suffer them, and such their Clothes, Wares, and Merchandize freely and peaceably to pass without any Let, Trouble, or Molestation whatsoever. And we do hereby promise and assure all our loving Subjects, that if they shall henceforth suffer by any Soldiers of our Army in this Case, and shall not, upon Complaint to the chief Officers of our Army where such Damage is suffered, receive Justice and Reparation for the Damage they sustain, upon Complaint made to us, we will take speedy Care for the severe and exemplary Punishment of the Offenders, and for the Satisfaction of the Parties grieved, and injured.
An Ordinance of the Lords and Commons assembled in Parliament, for the speedy setting forth Ships to prevent the bringing over Soldiers, &c. to assist the King, Dec. 10, 1642.
Whereas the Lords and Commons now assembled in Parliament, do find by continual Experience, That very great quantities of Ordnance, Arms, and other warlike Ammunition, and many Commanders and Soldiers have been brought into New-castle, and other Parts of this Kingdom from foreign Parts, and especially from the Low-Countries (notwithstanding the Prohibition given by the States of the United Provinces to that effect) to be employed against the Parliament, and their Adherents, the well-affected Persons of this Realm.
And whereas divers of his Majesty's well-affected Subjects, out of their loyal Respect to his Majesty, their pious Disposition to the Peace and Happiness of this Kingdom, and as much as in them lieth, to prevent and hinder all such Supplies as shall be sent from any foreign Parts, to the prejudice of this Nation, have lately made known to the said Lords and Commons their voluntary Disposition and Readiness to set forth some Ships and Pinnaces, warlikely appointed, equipped, manned, and victualled, at their own proper Costs and Charges, so that in Recompence of their Charge and Adventure therein, they may have and enjoy to their own Uses all such Ships, Munition, Goods, Moneys, and Merchandizes which they shall take or surprize by Sea or by Land, intended or designed against the Parliament and their Adherents, the well affected Persons of this Kingdom, as aforesaid; or that have carried, or they shall take carrying, any the said Supplies to the Intents aforesaid, which being well approved by the Lords and Commons in Parliament, as a good and acceptable Service, they do commend the same for a pious and laudable Undertaking, and are willing to give it all the Incouragement and Advancement that may be, to bring it to a good and successful Issue, as tending very much to the Honour of the King, and the Welfare of this Nation: And therefore for the better enabling the Performance of this so free and commendoble Undertaking and Enterprise, It is ordered, established, and ordained by the Lords and Commons assembled in this Parliament, and by the Authority of the same, That it shall and may be lawful for any of his Majesty's good and loyal Subjects of this Kingdom of England (to be approved, and thereto appointed by the Commissioners of the Admiralty established by the Parliament) in warlike manner to equip and furnish for the said intended Imployment such and so many Ships and other Vessels as they shall think fitting, and to place in them competent numbers of Soldiers Mariners, and Gunners, with necessary Arms and Provisions for that Service, and to appoint over them such Commanders, Captains, and Officers as they shall think fit; and the same Ships and Vessels so manned, equipped, armed, and provided to set forth to Sea, and with the same to seize, surprize, and take all and all manner of Ships and Vessels with the Ordnance, Ammunition, Goods, Commanders, and Soldiers therein, that they shall find or understand are sent, or are come to any Parts of this Kingdom, to the Prejudice thereof, as aforesaid; and further to surprize and take all, and all manner of Pirates and Sea-rovers of what Nation soever, and their Ships and Goods whatsoever. And for the better Incouragement of all such Adventurers in the said Enterprize, it is by the Lords and Commons likewise ordered and ordained, That the said Adventurers shall have and enjoy as their proper Goods, all Ships, Goods, Moneys, Plate, Arms, Ammunition, Victuals, Pillage, and Spoil which shall be seized or taken by any Persons, by them to be employed by force and virtue of this Ordinance, which, by definitive Sentence to be given in his Majesty's high Court of Admiralty, shall be pronounced at the Time of the taking or seizing thereof, to have been sent, designed, or intended to come into this Kingdom against the Parliament, and all well-affected Persons their Adherents in this Nation, or to have belonged to any Pirates or Sea-rovers whatsoever; and the same to have and enjoy to their own Use, without any Account whatsoever thereof to be made; only reserving the Tenths accustomed in such Cases to be paid to the Admiral. And it is further ordered and ordained, That there shall be true and faithful Inventories taken of the Ships, Ammunition, Moneys, Goods, Plate, Pillage and Spoil which shall be taken by virtue and authority of this present Ordinance, and a true Appraisement made of the same, and the same, together with all Papers and Writings found in any Ship or other Vessel by them to be taken, shall be carefully preserved, and two or three of the Officers of every Ship or other Vessel so taken, shall be examined before the chief Officer of the next safe Port of England, and the said Examinations with the said Papers, Inventories, and Appraisements shall be sent into the Registry of the high Court of Admiralty aforesaid, to the End that the taking of the said Ships may thereby be justified, or Restitution by the said Adventurers (if there shall be just Cause) there made. And more particularly it is hereby ordered and ordained by the Lords and Commons aforesaid, and they do by virtue of this Ordinance give unto the Persons to be set forth to the Seas, as aforesaid, and to every of them Power, Authority, and Warrant, That if they shall happen upon the Seas or in any Port, Harbour or Creek, to meet with any Ship or Ships that shall not willingly yield themselves to be visited, and proved by Law and Justice, but will defend themselves by Force and Violence, then they shall by all Means possible, and with all Force compel them to yield, and submit themselves to Reason and Justice, altho' it do fall out that by fighting with them one or more of them be maimed, hurt, or slain in the Resistance.
And it is further ordered and ordained, That the Owners, Captain, Master, and two or three of the principal Officers of every of the Ships and Pinnaces, so to be set forth upon the said Enterprize, shall before their going to Sea enter into a Bond in the high Court of the Admiralty, in the Sum of Two thousand Pounds to the Use of the King's Majesty, that the said Ships or Pinnaces respectively, nor their Captains, Masters, nor any of their Company, under Colour or Pretence of this Ordinance, shall rob, spoil, or indamage any of the King's Subjects, Friends, or Allies, other then such particular Persons of his Majesty's Subjects, Friends, or Allies as shall be found to have carried, or shall be found carrying Ordnance, Arms, Ammunition, &c. to the Prejudice of the Parliament, &c. as aforesaid, or shall have committed Piracy. And that true Inventories and Appraisements shall be taken of the Ships and Goods, before the same shall be vended or disposed, and the same, together with the Papers found aboard any such Ship, and the Examinations of the chief Officers of the same Ships, as is before declared, returned into the Registry of the High Court of the Admiralty aforesaid.
And lastly, it is hereby further ordered and ordained, That this Ordinance, nor any Benefit thereby, shall extend to the Setters forth of any Ship or other Vessel upon the Enterprize aforesaid, where Bonds shall not be given, as is before expressed, and a Certificate under the Admiralty Seal obtained of the putting in of such Caution.
A Declaration of the Commons assembled in Parliament, concerning false Rumours and Reports, raised amongst the Inhabitants of Westmoreland, Cumberland, Bishoprick of Durham, New-castle, and Northumberland, perswading them that the Parliament intended to take away the Tenants Rights of those Counties.
Whereas it is informed, that some Persons evil-affected to the Peace of the Kingdom, have, to the Intent to withdraw the Affections of a great number of the Inhabitants of the Counties of Westmoreland, Cumberland, Bishoprick of Durham, New-castle, and Northumberland from the Parliament, and to draw them to join with the Army of Papists now under the Command of the Earl of New-castle, raised false Rumours and Reports that the Parliament intended to destroy and take away the Tenant-Right of those Counties, whereupon the Estates and Livelyhoods of many Thousands of Men depend. The Commons assembled in Parliament do now declare, That they neither have, nor ever had any Aim or Intention to destroy, weaken, or infringe any of the said Tenant-Rights, or to prejudice the Tenants in their Customs or Tenures in the least particular: And they do authorize and require all the said customary Tenants and others who are to pay any Fines or Rent to any Person or Persons whatsoever who have executed the illegal Commission of Array, or are or have been in actual Rebellion against the Parliament, or contributed thereunto, to detain in their Hands all such Fines and Rents, and to employ the same for the Service and Defence of the said Counties and Kingdom, and in so doing they shall be protected therein by the said Commons, and discharged against their Land-lords.
It is this Day ordered by the Commons House of Parliament, That the Collectors for Purveyance in the several Counties of this Kingdom shall pay Compositions for Purveyance for the King's Houshold, but by the Direction of the Committee of the King's Revenue: And the Knights and Burgesses are to send this Order into their several Counties.
A Proclamation prohibiting the Payment and Receipt of Customs and other Maritine Duties, upon the late pretended Ordinance of both Houses of Parliament, Dec. 16. 1642.
We have made so many Declarations of our Royal Intentions concerning the preserving of the Religion and Laws of this Land, that we think it not fit oft to repeat, though by God's Grace we seriously intend never to decline or depart from the same. But this seems most strange unto us, that whilst (especially at and about London) our just and legal Commands are not obeyed, other Orders and Ordinances, (for which there is no legal Foundation) which not only discountenance, but overthrow the Laws of the Land that settle Religion, and were the Fences of the Subjects Property, are submitted unto and obeyed by many of our weaker Subjects: And amongst these a blind Obedience hath been yielded unto the pretended Ordinance for settling Customs without an Act of Parliament, when an Act of this Parliament (received from us, and so understood by us, as one of the greatest Graces the Crown ever conferred on the Subject) declares, no Custom is due without an Act; and all such Persons as receive the same incur the Forfeiture of a Premunire. This we thought would not have found Obedience from the Merchant, who understood what his own Benefit was thereby, and could not be ignorant how penal it was in him to break this Law, especially when he found he paid his Custom for Support of an unnatural War against his Prince, and to foment an intestine and civil Dissention, which hath already, and may in the future produce so many Evils upon this poor People. But upon the Menaces and Usage some received that denied it, we find since a more general Obedience in such as trade, then we expected, though we understand by it the Trade of the Kingdom is much lessened. Nevertheless we thought not fit, until this present, by any of our Proclamations to prohibit the same, because we hoped before this time, we having so often, and by so many Means, endeavoured the same, some happy Understanding might have been between as and both our Houses of Parliament. But at present, finding that the Moneys arising from these Duties, are a great Part of the Fewel that maintains this Fire, and supports this unnatural Rebellion against us, and heightens the Spirits of such as have no Spirit to Peace, unless they may destroy us, our Posterity, and the settled Government both of Church and State; we do hereby declare to all our People of what sort soever, That whosoever henceforward shall, by virtue of the said pretended Ordinance of Parliament, pay any Moneys for Custom or other Duties therein mentioned, other then to our proper Ministers, what is due to us by the known Laws of the Kingdom, That we will proceed against him or them, in due time, as an ill-affected Person or Persons to the Peace of this Kingdom, and as such as endeavour (as much as in them lyes) to hinder a true Intelligence betwixt us and our People. And for such Person or Persons as shall continue to require or receive the same contrary to the Statute made this Parliament, we shall likewise proceed against them according to the Penalty in the said Act. And because (though the Law ought to have been every Man's Prohibition) we did not, until this time, forbid the same, we do hereby grant our free Pardon to all such as formerly having either paid, or received these Customs shall henceforth refuse the same, and to no other.
The Lords and Commons Answer to the said Proclamation, Decemb. 31. 1642.
Whereas the Lords and Commons assembled in Parliament, have made an Ordinance concerning the Subsidy of Tonnage and Poundage, and having since taken notice of a printed Paper in Form of a Proclamation, entitled thus, A Proclamation prohibiting the Payment and Receipt of Customs, and other Maritime Duties, upon the late pretended Ordinance of both Houses of Parliament; whereby is endeavoured by many untrue Suggestions and subtil Insinuations to disswade and prohibit the Subjects from giving Obedience to the said Ordinance, which if it should take Effect (as we are confident it will not) would tend to the Destruction of Trade, and the exposing his Majesty's Dominions to the Invasion of foreign Forces; The said Lords and Commons have thought it necessary to reprint the said Ordinance, with this their further Declaration, That there are no other Customs settled by that Ordinance than such as are due by the Laws and Statutes of this Realm, as will appear to any ingenuous Person who shall read the same. And whereas the Contrivers of that Proclamation do therein suggest, that all such Persons as receive any Sums of Money by virtue of the said Ordinance, do incur the Forfeiture of a Premunire;
It is hereby declared, That no Person receiving any Sums of Money by virtue of the said Ordinance, is within the Danger of a Premunire, or any other Penalty whatsoever, because the Intent and Meaning of that Penal Clause was only to restrain the Crown from imposing any Duty or Payment upon the Subjects, without their Consent in Parliament; and was not intended to extend to any Case whereunto the Lords and Commons gave their Assent in Parliament. Besides, the greatest Sums of Money to be advanced by that Ordinance, are appointed by the said Ordinance to be raised by way of Loan, and therefore without the least Colour of Objection to be comprehended within the Danger of that Penalty.
And whereas it is insinuated, That Merchants paying any Sums of Money by virtue of the said Ordinance, do thereby incur the aforesaid Penalty; there needs no other Answer to it, then to refer any Person of common Sense to the Clause it self mentioned in that Statute, where it will most evidently appear, That the Merchant paying is so far from falling into any Danger of that Penalty, or being comprehended within the Intent of the Clause that enacts it, that he is not so much as named within the Words or Letter thereof: And whereas the Contrivers of that Proclamation do most scandalously affirm, That the Money raised by that Ordinance is to support an unnatural War against his Majesty, and to foment a civil Dissention; If by fomenting an unnatural War be intended the Maintaining of the Forces consisting of Papists, and other ill-affected Persons under his Majesty's Name, for the Subversion of the Parliament, Laws and Religion, we must then confess, That so much of those Moneys as have been taken and employed for the Maintenance of those Forces (for we must acknowledge that a considerable Part thereof hath been forc'd and exacted by the Earl of New-castle, the Lord Mohun, Sir Ralph Hopton, and others) were employed to support an unnatural War against the King, and to foment a civil Dissention: But if otherwise applied, for full Satisfaction therein it is declared, That the Money raised by virtue of the said Ordinance and come to the disposing of the Parliament, hath been with all Care and Faithfulness disbursed for the Payment of sundry great and crying Debts of his Majesty's, due unto his own Officers of the Navy; and also unto Artificers, Tradesmen, Merchants, Owners of Ships, and Mariners, unto whom his Majesty was indebted before the Beginning of this Parliament; And likewise for the setting forth of two Fleets of Ships the last Summer, the one for guarding the Coast of Ireland, and preventing of Aid to come unto those Rebels; the other for Defence of this Kingdom, and preventing of foreign Forces and Invasions, not only threaned, but actually brought into the Northern Parts of this Kingdom, and for the Preservation of Merchants Ships from Pirates.
And as touching the strange Assertion of the Authors of that Proclamation, that by the Merchants yielding Obedience to this Ordinance, the Trade of the Kingdom is much lessened, tho' we might here justly take Occasion to manifest what have been the Causes of the Obstruction of Trade, and so set forth the Rebellion of Sir Ralph Hopton in the West, wholly destroying the most flourishing Manufacture of the new Draperies in those Parts; the Robbing of the commoon Carriers and Trawnters by his Majesty's Forces and Cavaliers, of Wollen Cloth and other Manufactures, whereby the Commerce and Intercourse of Trade between the Clothiers of remote Parts, and the Merchants of the City of London is interrupted; the Rebels of Ireland setting forth Men of War, and making prize of our Merchants trading to and from foreign Parts: Yet we think not fit to insist upon it for the present, but must affirm for an undeniable Truth, That the Money raised by virtue of that Ordinance, was so far from lessening of Trade, as that it was the only Means to maintain the Navy, and several Fleets of Ships at Sea, which (under God) have been the principal Cause of preserving Trade and Commerce; which otherwise before this Time would have been by Pirates, Irish Rebels, and forreign Forces wholly destroyed; and not only Trade, but the whole Kingdom had been inevitably exposed to those Dangers, by his Majesty's refusing to pass the Bill for Tonnage and Poundage, had not the Parliament wholly taken upon them the Care thereof, and by God's Blessing prevented those Dangers. All which duly considered, the Lords and Commons do declare, That the Ordinance of Parliament heretofore printed and published with the Book of Rates, for the Payment and Receipt of Customs and Duties upon Merchandize, and with this Declaration reprinted, is just and necessary for the Preservation of Trade and Defence of the Kingdom; and do therefore expect a due Obedience thereunto, both by Merchants and Officers, wherein they shall be protected by the Power and Authority of Parliament. And no Bill of Tonnage and Poundage shall pass, but special Care shall be had for their Indempnity and Satisfaction, according to the former Ordinance. And the Lords and Commons do further declare, That whosoever shall refuse to yield Obedience to the said Ordinance, is deservedly to be accounted, and is by this Order declared to be a Person ill-affected to the true Protestant Religion, the Honour of the King, the Priviledge of Parliament, the Peace and Safety of the Kingdom, and a Fomenter of this unnatural War by the King against the Parliament.
A Copy of a Letter sent to a Member of the House of Commons from Rotterdam, Decemb. 16. 1642. Stylo Novo.
My last unto you was of the twelfth present, which I sent by Ship; and fearing lest it may be long before it come to your Hands, I thought fit to write unto you now by Post; and it is to advise you, that there come hither frequently good and lusty Ships from New-castle, which are sent hither frequently by the Merchants of that Town, for the Service of the Queen: And there is continual Transportation of great Store of Men, Money, and Ammunition over in them. There came hither about fourteen Days since Mr. Knolls, and that Arch K. Capt. Archibald, who is very diligent and notorious in his Service for betraying of his Country, and for that hath of late had that Honour conferred upon him to be made a Captain, and is about three Days since gone from hence with his Ship laden with Men, Money, and Ammunition for New-castle. I hear that Mr. Knolls brought over Letters from his Majesty, that have been the Occasion of the Queen's Stay here, which all that be well-affected are very sorry for, who had rather she were elsewhere. Upon the Receipt of which Letters from his Majesty, I hear that the Queen the next Day sent Mr. Jermin to the States General, to acquaint them therewith, and that his Majesty advised the Queen to stay here for some time longer; and that, because his Majesty was upon a Treaty of Accommodation, and doubted not but that in a short time he would make all Things well; and that therefore the Queen gave them Thanks for those Ships that had a long time waited upon her Service, and desired that they might now be discharged, which was done accordingly; yet notwithstanding her Majesty's Agents labour here exceedingly in sending away Men, Money, Horse and Ammunition unto New-castle for the advancing of her Majesty's Army in those Parts. Upon Thursday last I was at the Hague, and there saw her Majesty's Standard, which was then just going away to be sent for New-castle; and Yesterday was Seven-night, I heard that Col. Goring, and Mr. Crofts, and Mr. Slingsby, and Capt. Bret, and Capt. Mackworth, and divers other Cavaliers went to Amsterdam, to take Ship there to go for England with all speed, and it is thought for New-castle; and that Col. Goring is to be Lord General of the King's Horse. I hear likewise that there is more going away from thence to New-castle, Four hundred Officers and old Soldiers, and Four hundred Horse, and a Thousand more to follow, which are her Majesty's Regiment, and should have been a Guard to her Person if she had gone on. The Prince of Orange, I hear suffers all his Officers to go, that will, only under this Colour, that as many as go hence, shall be constrained; altho' he can give them greater Honour as he pleaseth, and as they expect for so good Service, if they do return.
It is very credibly reported here, that there is now sending away with all speed to New-castle, a Hundred and sixty thousand Pound sterling; which I am very credibly informed by some Dutchmen, is by way of Loan raised by the Papists in these Parts (which are not few) for the Queen. And that the Prince of Orange is engaged for the Payment of it, which are most horrible Things. Therefore I can do no less in Conscience to God and his Cause, and in Duty and Love unto the Kingdom and Parliament, (hearing and seeing these Things) then give you Notice of it, who are a Member of that honourable House, which I shall desire you (if you shall think fit) to communicate unto the House; but shall intreat you to do me the like Favour you have done, in concealing of my Name. Thus desiring the Lord to be with you, and to bless and prosper your Proceedings, and the whole House, with the tender of my Service, and best Respects unto you, I humbly take my Leave, and rest Yours, &c,
There are two New-castle Ships here, ready to go with the first fair Wind laden as is before-mentioned; and also three great Dutch Hoys laden with Field-Pieces and Carriages, and many Holland Waggons, which are made strong and large, and covered over-Head, such as actually attend the Leaguer.
The Copy of a Letter sent by the Lord Fairfax to the Speaker of the House of Peers, Dec. 10, 1642.
May it please your Lordship,
Upon Saturday last I received a Declaration of Parliament, with a Commission from his Excellency the Earl of Essex, to command in chief, over the Forces of the North, and other adjacent Counties, which great Honour and Trust, far above my Ambition or Merit, by your Lordships conferred on me, I shall exercise with all Care and Fidelity, not doubting but that your Lordships will enable me therein, with such other Supplies as the Necessity of the Service shall require, and that represented from hence.
The State of the Affairs in these Parts, since my last Dispatch of the first of this Month, stand in this Manner: The Earl of New-castle is come to York, and hath joined his Forces to the Earl of Cumberland's, making in all, as I am informed, about Eight thousand Men, Horse and Foot, of which there is about Two thousand Horse and Dragooners, a Strength far too potent to be resisted by the small Power which I have here, whereof I send a List inclosed; our Strength was once estimated by our selves far greater then now it appears: for upon the Earl of New-castle's coming over the Tees, Sir Edward Loftus, with all the Richmondshire Men, and Sir Henry Anderson with all the Cleveland Men, and the Rest of the North-rising, which were estimated at One thousand Men, did all return to their own Houses, save about One hundred and thirty Men brought hither by Sir Matthew Boynton, some other Gentlemen, and one Troop of Horse, raised by Sir Henry Fowlis, and about forty Horse more, brought hither by Capt. Anderson; and besides this Defect, our Numbers are decreased by Sir Hugh Cholmly, to whom I have sent divers Orders to march Northward, to join with Capt. Hotham and the Rest, in resisting the Earl of New-castle's Entry, before he came into Yorkshire, and since his Entry, to come to me, and the Rest of the Army at Tadcaster, but he found such Impediments as he could do neither. And now I hear he is gone to Scarborough, and has taken his Forces with him, which were about Seven hundred Men; and Col. Boynton, whose Regiment consisted of Eight hundred Foot, is likewise marched towards Hull, although I sent him divers Orders to march up hither to assist the Forces at Tadcaster, giving me neither Reason of his not coming to me, nor of his March towards Hull; and I understanding that Sir John Gell had raised Eight hundred Men in Derbyshire, sent unto him to march hither to our Succours, but I have received an Answer from him, that he is not able to stir from thence; from Sir Anthony Irby, nor the Lincolnshire men I hear nothing, though I have sent to them express Messengers; so our whole Strengh here (upon Return of the former sent into the North) consisting of Twenty one Companies of Foot, and Seven Troops of Horse, and one Company of Dragooners; we did send of them Two Companies of Foot to secure Selby, and one Company to secure Cawood-castle, and quartered the Rest, part of them at Wetherby, under Command of Capt. Hotham, whom I have nominated to be Lieutenant-General of the Army; and the rest at Tadcaster, under my own Command: And upon Tuesday, receiving Intelligence that the Earl of New-castle, with his whole Forces, intended to fall upon our Quarter at Tadcaster, I sent to Capt. Hotham to bring up the Forces at Wetherby, which being done, and the Earl of New-castle's Army come in sight, we drew our Men into the uttermost Part of our Quarter, where we had raised some Breast-works for our Musqueteers, and there the Fight began about Eleven of the Clock, and so continued in sharp Dispute until about Four of the Clock in the Evening; in which Time there was at least Forty thousand Musquet-shots discharged on both Sides, and great Numbers of Cannon-shot.
The Enemy had once won Part of the Town, and beaten our Men, and placed some of their Companies in two or three Houses which did much indanger us; but it in the end our Men with great Courage forced them out again, recovered and burnt the Houses, and killed many of the Enemies Men that were there placed; and in conclusion, the Enemy retreated, leaving very many of their Men dead, and very great Numbers wounded, the certain Numbers, nor Qualities of the Persons, we could not take, but it is generally said by the Country People, that there were at least One hundred found killed and burnt; and we took seventeen Prisoners in the Fight: And on our Part we lost six Men; and Capt. William Lyster, a valiant and gallant Gentleman, who was shot with a Musquet Bullet in the Head; and we had about Twenty more wounded, and lost not one Prisoner in the Battel; though divers of our Men being negligent of their Duty, stayed behind us when we quitted the Quarter, and so were taken the next Day there by the Enemies, and made Prisoners. In this Fight our Men behaved themselves with very great Resolution, far beyond Expectation, insomuch as I conceive we might have maintained the Place still, if we had been furnished with Powder and Shot; but having spent in a manner all our whole Store of Bullet, Match, and Powder, I advised with the Commanders, and by general Consent it was thought fit to rise with our Forces, and march to Cawood and Selby, to secure those Places, and there receive Supplies of Ammunition and Men; which was accordingly done: And now I am at Selby with Part of the Army, and the rest with Capt. Hotham at Cawood. And Yesterday I sent my son Sir Thomas Fairfax with Five Companies of Foot, and two Troops of Horse to Leedes, intending he should continue there to secure that Place, and the other Clothing Town, against the Earl of New-castle's Forces, if it were possible; but the Enemies Forces were laid so strong in the Way, as he could not pass; so he only beat up a Quarter of the Enemies in a small Village, took five Prisoners, and retreated to Selby.
The Lord Grandison and others that took Marlborough, having taken up their Quarters at Winchester, Sir William Waller, Col. Brown, and Col. Harvey came before that City; against whom there fallied out two Regiments of Foot, and afterwards a Party of Horse; but being both beat back with Loss, those within retreated to the Castle, and the Assailants beginning to scale the Walls, they desired Quarter, which was granted, only detaining Prisoners the Commanders and Officers; and the common Soldiers, being near 800, were stripp'd and dismiss'd; but the Lord Grandison and Major Willis made their Escape as they were carrying to Portsmouth, having, as was supposed, charm'd their Keeper with a good Sum of Money, and so got to Oxford.
The High-Sheriff of Devonshire, and other Gentlemen, being mustering the Forces of that County at a Place call'd Modbury, by virtue of the Commission of Array, Notice was given thereof to the Garrison of Plymouth; whereupon Col. Ruthin sallied out from thence with 500 Horse, upon whose Approach the Country Soldiers fled, and left their Commanders in one Mr. Champernoon's House, where they a while stood upon their Defence, but being inviron'd, upon the firing of an Out-house, they yielded, and were brought up by Sea to London; viz.
John Fortescue the late High-Sheriff, Sir Edm. Fortescue the present High-Sheriff; Col. Sir Edward Seymour Knight and Baronet; Edw. Seymour Esq; Knight of the Shire for the County of Devon; Col. Henry Champernoon, Major Edm. Tirman, Capt. Tho. Wood, Arthur Basset, Esq; a Justice of Peace, Peter Fortescue, Henry Bidlake, Robert Warren, and Tho. Shipcot, Esquires; Tho. Lee, Tho. Short, Hugh Pomrey, Will. Barns, Will. Hooper, George Baily, and Will. Penrose Gent. who were committed, some to Winchester-House, other to Lambeth-House, which Places at this time were both used as Prisons. There were also taken with them several Ensigns, and one which had for its Device, a Cannon with this Motto issuing from the Mouth of it, O Lord open thou my Lips, and my Mouth shall shew forth by Praise.
Whereas Information hath been given to the Lords and Commons assembled in Parliament, That Clifton, Catesby, John Lilburn and Robert Vivers, Captains in the Army raised by Authority of both Houses of Parliament, for the necessary Defence of the true Protestant Religion, the King, Parliament, and Kingdom, under the Command of Robert Earl of Essex, Captain-General thereof, were taken Prisoners by the Forces raised against the Parliament, in executing their several Duties and Services, according to the Ordinances of both the said Houses, and afterwards carried Prisoners to Oxford; and having been most barbarously used, are now questioned and proceeded against by way of indictment, before Sir Robert Heath Kt. one of his Majesty's Justices of the King's-Bench, and others (by colour of some Commission, or other Authority from his Majesty) for High-Treason and other supposed Misdemeanors, whereas many have been taken Prisoners by the Parliament Forces, in the Act of War against the Parliament, which the Laws and Statutes of this Realm is Rebellion and High-Treason against the King and Kingdom, and the Actors therein Traytors, and yet none of them hath hitherto been put to Death, or otherwise severely dealt with by the Parliament.
It is therefore ordered and declared by the said Lords and Commons, that all such Indictments and other Proceedings against the said Captain Catesby, Capt. Lilburn, and Capt. Vivers, or against Capt. Wingate, who have done faithful and good Service to the Commonwealth, or against any other Person or Persons who have done, or shall do Service in the said Army, or for the raising of any Money, Plate, Horse, or Arms for the Maintenance thereof, or otherwise in execution of, or in pursuance of any Order or Ordinance of both or either of the said Houses of Parliament, for the Defence of the publick Safety, are unjust and illegal; and the said Sir Robert Heath, and all other Commissioners, Justices, Sheriffs, Jurors, and other Offices and Ministers of Justice, and other Persons whatsoever, are hereby required and enjoined, to surcease any further Proceeding against the said Persons before-named, or any other for any the Causes aforesaid, upon the said Indictments, or otherwise; and the said Lords and Commons do further declare, That if the said Persons before-named, or any of them, or any other, shall be put to Death, or other Hurt or Violence offered to their or any of their Persons, for, or by reason of any such Service done, or to be done, by, or according to any Order or Ordinance of both or either of the said Houses, the like Punishment shall be inflicted by Death or otherwise upon such Prisoners as have been or shall be taken by the Forces raised by both Houses of Parliament; And if the said Sir Robert Heath, or any other Commissioner, Justice, Sheriff, Juror, or other Officer, or Minister of Justice, or other Person shall do contrary to this Ordinance in any of the Premisses, they and every of them for so doing, shall be proceeded against, and dealt with as Enemies to the King and Kingdom.
A Declaration of the Lords and Commons assembled in Parliament for Associating several Counties.
The Lords and Commons now in Parliament assembled, being certainly informed, that Papists and other wicked and ill-affected Persons have traiterously combined together, and entred into Association, and have raised, and daily do raise great Forces both of Horse and Foot, in several Counties of this Kingdom, and have plunder'd spoil'd, and destroy'd Multitudes of his Majesty's good Subjects, and if not timely prevented will utterly subvert and destroy the true Protestant Religion (which is their chiefest Design) the Laws of the Land, the Priviledge or Parliament, and the Liberties of the Subject; the said Lords and Commons do declare, That they hold it a Thing fit and necessary for the present State of this Kingdom, and do accordingly order, That all Lord Lieutenants, Deputy Lieutenants, Colonels, Captains, and other Officers, and all other well-affected Persons, Inhabitants of the several Counties of Norfolk, Suffolk, Essex, Cambridge, and the Isle of Ely, Hartford, and the County of the City of Norwich, shall and may associate themselves, and mutually aid, succour and assist one another in the mutual Defence and Preservation of themselves, and of the Peace of the said Counties, from all Rapines, Plunderings, and Spoiling of the said Papists and other ill affected Persons.
And it is further ordered and declared, That the said Lord Lieutenants, Deputy Lieutenants, Colonels, Captains, and other Officers, have Power and Authority to raise Forces of Horse and Foot, and to lead them into any Place which shall be fitting and convenient, and to give Battel, and to fight with any such as are, or shall be raised to levy War against the Parliament, and all other Forces raised without Authority and Consent of both Houses of Parliament, that make any Insurrection and plunder and destroy his Majesty's good Subjects, and them to invade, resist, suppress, subdue, pursue, kill and slay, and put to Execution of Death, and by all means to destroy, as Enemies of the Kingdom; and to perform all Things else needful for the Preservation of the Safety and Peace of the said Counties, either by Water or Land, observing from time to time such other Directions and Commands as they shall receive from both Houses of Parliament, or from the Earl of Essex Lord General: And that the said Inhabitants of the said several Counties, and every of them for so doing, shall be saved, and kept harmless by Power and Authority of Parliament.
And the said Lords and Commons, taking into their serious Considerations the Necessity of appointing a Commander in chief over the Forces which are, or shall be raised in the Counties aforesaid, or any of them, for the Service aforesaid, in regard that by particular Commissions already granted to Persons in the said several Counties, there is not Power given to lead Forces out of their own Counties, It is ordered that the Lord General the Earl of Essex, shall be desired to grant a Commission to William Lord Gray of Wark, to command in chief, as Major General of all the Forces to be raised in the said Counties; and to have Power to lead, conduct, and carry the same to such Places within the said counties, as he shall think fit for the Defence of the said Counties; and likewise Power to give the same Orders and Instructions in his Excellency's Absence, for regulating the Soldiers, which are, or shall be under his Command, as his said Excellency hath given to his Army, and to use Martial Law to compel Obedience thereunto, as Occasion shall require; and also Power and Authority to make and appoint Colonels, Captains, and other Officers, for levying, conducting, and leading the said Forces as he shall think fit.
Instructions for the Lords Lieutenants, Deputy-Lieutenants, and other Officers and Commanders in the Counties of Norfolk, Suffolk, Essex, Cambridge, Isle of Ely., Hartford, and County of the City of Norwich.
1. That the Lords and Lieutenants of the several Counties of Norfolk, Suffolk, Essex, Cambridge, Isle of Ely, Hartford, and the County and City of Norwich, or the Deputy Lieutenants of the said Counties respectively, or any two or more of them, with all convenient speed, do summon the several Gentlemen, Freeholders, and other Inhabitants of the said several Counties, as well within Liberties and Corporations as without, that do or are able to bear or find Arms, to such Places in the said several Counties, as they hold most fitting, and at such Meetings to take a Survey, what Arms and Force can be raised in the said Counties respectively, and examine the Defects of Arms and Ammunition, and to consider of some fitting Course how to have the Want of Arms and other Defects to be supplied; And at such Meetings, or at any other fit time or times, the said Deputy Lieutenants, or any two of them, with the Assistance of the Committee for the Propositions and Subscriptions in the several Counties, or any two of them, shall and may propound to all the Inhabitants of the said Counties, Cities and Corporations, that are able to bear or find Arms, or to contribute towards the same, what present and imminent Danger and Necessity the whole Kingdom is now reduced unto, by the wicked Advice, Attempts, and Conspiracies of Papists and other Persons now about his Majesty, and to propound to them to joyn in an Association and mutual Defence of one another, according to the Form of an Association hereunto annexed. And to require them to set down in Writing, and subscribe what Arms for Horse and Foot, what Horse, either Dragooners or others, they will have in Readiness upon every just Occasion for the Defence of the said Counties.
2. Secondly, The better to prevent the plundering and spoiling of the said Counties, and to have Means for the furnishing of Arms and Ammunition, making Fortifications, and payment of Officers, and other publick necessary Charges, that there be forthwith raised in the said several Counties respectively, the fourth Part of such like several Sums as were assessed upon the said Counties, by virtue of the Act lately made in this present Parliament, for the raising of 40000 Pounds, the same fourth Part to be raised by way of Tax and Rate upon the said several Counties respectively.
3. And for the better levying of the said fourth Part of the said Sum of 40000 Pounds, or of any other Sum to be assessed and set upon the said Counties for the Defence and Preservation of the same, by consent of both Houses of Parliament; That the Lord Lieutenants, and Deputy Lieutenants of the said Counties respectively, or any two or more of them, shall and may assess and tax, and cause to be assessed and taxed, the said Sum and Sums upon the several Cities, Corporations, Hundreds, Towns, and Hamlets in the said several Counties, after the most industrious and usual Proportion of other Rates in the said Counties; and that they, or any two or more of them, nominate and appoint Treasurers, Collectors, and Assessors in every County abovesaid, for the assessing, receiving, and collecting such Sum and Sums of Money as abovesaid; and that the said Lord Lieutenants, Deputy Lieutenants, or any two or more of them, shall and may grant Warrants under their Hands and Seals in Writing to any Constable or other Officer whatsoever, to raise and levy the said Sum and Sums so to be assessed and taxed as abovesaid, upon all such Persons upon whom any Sum shall be so assessed and set as abovesaid, that do refuse or neglect to pay the same, by way of Distress and Sale of the Goods of the Person so refusing, and neglecting to pay the same; And in case no Distress is or may be found, then the said Lord Lieutenants, Deputy Lieutenants, or any two or more of them, shall and may commit such Person and Persons so refusing, and neglecting to pay as abovesaid, to some common Goal, there to remain without Bail or Mainprize, until Payment made of such Sum and Sums as abovesaid.
4. That all Sheriffs, Justices of the Peace, Majors, Bailiffs, and Constables, and all other his Majesty's Officers, as well within Liberties as without, be from time to time aiding and assisting unto the said Lord Lieutenants and Deputy Lieutenants, in Execution of the Power to them given by both Houses of Parliament, and of these Instructions.
5. That the Lord Lieutenants and Deputy Lieutenants of the said several Counties, or any two or more of them, do put in Execution in the said Counties, all former instructions to them granted by both Houses of Parliament for the executing of the Militia, disarming the Popish Recusants, and other ill affected Persons, and for the preserving of the Peace of the said Counties.
6. That no Treasurer and Receiver of any Money shall issue any Money, but under the Hands of the Lord Lieutenants, or of two or more Deputy Lieutenants in every County respectively; and that the several Lord Lieutenants and Deputy Lieutenants do not sign, or grant any Warrants for the issuing or paying any Sum or Sums, but for the furnishing of Arms and Ammunition, making of Fortifications, payment of Officers and Soldiers, and other necessary Publick Charges, tending to the Safety and Preservation of the said Counties and not otherwise.
7. That the Lord Lieutenants and Deputy Lieutenants of every the said Counties respectively, or any two or more of them, shall and may from time to time raise such and so many of the Train'd Bands, and other Persons inhabiting in the said Counties, as they shall judge necessary and fitting, to enter into the Houses of all Papists, and other Persons that are voted to be Delinquents by both or either Houses of Parliament; or that have put in Execution the Commission of Array; or that have been present with, or aiding and assisting to his Majesty in this unnatural War against the Parliament; or that being of Ability, have not contributed upon the Propositions of raising of Horse, Money or Plate, for the Defence of the King and Parliament; or that have refused to send Horse and Arms to the Musters, when by the Deputy Lieutenants appointed by Power of Parliament, they have been required so to do; or such Clergy-men and others that have publickly preached or declared themselves to oppose, disgrace or revile the Proceedings of both or either Houses of Parliament; and to seize upon the Arms, Ammunition and Horses fit for Service in the War, that belong to such Person or Persons; the same Horses, Arms and Ammunition, to be employed or disposed of by the Direction of one or more of the Deputy Lieutenants of the said Counties for the Publick Service and Defence of the several Counties, and in the mean time to be kept in some safe Place.
8. That in every County the Lord Lieutenants, Deputy Lieutenants, or any two or more of them, do cause the several Companies of the Train'd Bands and Voluntiers to be put into Regiments, and to nominate, appoint, and place Colonels, Lieutenant Colonels, Serjeant, Majors, Captains, Lieutenants, and other Officers in every Regiment and Company where any such are wanting, or where such as are, and have been nominated, have refused to execute those Places.
9. That the Lord Lieutenants, Deputy Lieutenants, or any two of them, in each County respectively, do nominate and appoint one experienced Soldier in every Regiment, to be an Adjutor, to be resident in the said Counties, to exercise the several Companies of the said Regiment, and to be aiding and assisting to the Colonel from time to time, and to do and perform all such Commands as he shall receive from the Lord Lieutenants, Deputy Lieutenants, or the said Colonels; and also to have in every Regiment one experienced Soldier to be a Serjeant, to exercise and teach the several Companies, and to execute the Commands of the Lord Lieutenants, Deputy Lieutenants, or the Colonels, Lieutenant Colonels, or Serjeant Major of the said Regiment; and the said Serjeant, to have the Pay of a Serjeant to a Company: And also that in each Troop of Horse, there be an experienced Soldier appointed to be a Corporal.
10. That the Dragooners be put into Companies, and that one hundred and twelve be allotted to a Company, and that each Company of Dragooners have an experienced Soldier to be a Corporal, and he to have the present Pay of a Corporal.
11. That the Lord Lieutenants, Deputy Lieutenants in each County respectively, or any two or more of them, shall and may give Command and Directions from time to time to secure and fortifie all Bridges, Cawseys, and Passages, and in Times of Approach of an Enemy, or Fear of any Invasion by an Enemy, to pull down, or stop the Bridges, Cawseys, Passages, and to cut the Banks in the said Counties respectively; and to have Power to fortifie and secure any Town, Hundred, or Hamlet, where the said Town, Hundred, or Hamlet are willing to do the same at their own proper Charges; and also to have Power at all Times to seize and stop all Barges, Boats, or other Vessels passing by Water, for the Safety of the said County.
12. That the said Lord Lieutenants, Deputy Lieutenants, or any two of them, shall and may imprison, or commit to safe Custody, all and every such Persons, as being able and having due Summons, do not withstanding refuse or wilfully neglect to appear at Muster, or to send some able Persons to be allowed of, by the Captain or chief Officer of the Company in his behalf.
Whereas the Lords and Commons now assembled in Parliament, have taken into their Consideration, That in Times so full of Division and Danger as these are, an Union of our Hearts and Forces is most conducing to the publick Good and Safety of the whole Kingdom; and have therefore ordained, That the Inhabitants of the Counties of Essex, Suffolk, Norfolk, Cambridge, and Hartfordshire, together with the Isle of Ely, and the County of the City of Norwich, should enter into an Association with one another, for the Maintenance and Preservation of the Peace of the said Counties: Therefore, in pursuance of the said Order, and the better to confirm a mutual Confidence in one another, we whose Names are hereunto subscribed, do hereby promise, testify, and declare to maintain and defend, with our Lives, Powers, and Estates, the Peace of the said Counties, and to aid and assist one another, under the Command and Conduct of such Person as now hath, or hereafter shall have, by the Authority of both Houses of Parliament, the Command in chief of all the Forces of the said Counties, according to the true Intent and Meaning of the said Order of Association; whereunto we do most willingly give our Assents; and neither for Hope, fear, or other Respect, shall ever relinquish this Promise.
We the Inhabitants in the County of whose Names are hereunder written, do hereby ingage ourselves to provide Horses and Arms, and to maintain and find at our own proper Costs and Charges, and at all Times to have in a Readiness for the Service or this and those other Counties now associated together by the Authority of both Houses of Parliament, so many Men compleatly armed and furnished, and such Horses, Geldings, Nags, Mares, as we have respectively subscribed for, to be commanded, led, and conducted into any Parts and Places within the said County, by such Person as now hath, or hereafter shall have the Command in chief of all the Forces of the said Counties.
A Proclamation touching the Adjourning of Part of Hilary Term, Dec. 17. 1642.
The King's most excellent Majesty being now involved in an unnatural War raised against him by divers of his own Subjects, and finding no hope of a present Peace, which he hath much desired and endeavoured, and being now settled at his City of Oxford, in his own Person, and his Army attending him there for his necessary Defence for this Winter Season, hoping that before any new Occasions shall be offered for the Effusion of more Blood unnaturally spilt, it will please God, who is the God of Peace, to open some Way to attain thereunto, which some by all Means endeavour to divert; hath, amongst other Things which concern the Good and Prosperity of his People, taken into his Princely Consideration, how, and in what Place, and in what manner the next ensuing Hilary Term With most Conveniency for himself, and his own Affairs, and for his good Subjects, may be held in a Time of so much Danger and Distraction; and upon serious weighing of all Circumstances fit to be considered of, his Majesty hath resolved, and by this his Royal Proclamation doth order, appoint, declare, and publish, That because the Lord Keeper of the Great Seal is the Supream Judge of the High Court of Chancery, and he must necessarily attend his Majesty's Person, that the said Court of Chancery and, all Proceedings of what Kinds and Sorts soever, shall, and by these Presents are, and stand adjourned to the City of Oxford, where his Majesty's Residence now is, and for that Time is likely to be for the whole Term of St. Hillary now next ensuing, and shall begin, and be there held and continued upon, and from the Three and twentieth Day of January now next ensuing, until and upon the Thirteenth Day of February then next following. And because the Commissioners for his Majesty's Treasury, and the Chancellor of the Exchequer, are likewise here attending his Person, that the Receipt of his Majesty's Exchequer, and of the First Fruits and Tenths, payable by all Spiritual Persons, and others, shall be, and by these Presents is, and stand adjourned for and during all the Term and Time aforesaid, unto the said City of Oxford, and shall be there held and continued. And because the Court of the Dutchy of Lancaster may with more Ease and Conveniency to all his Majesty's Officers and loving Subjects, having Occasion to attend the same, be kept in the City of Oxford, then at the City of Westminster in these troublesome Times, that the said Court of the Dutchy of Lancaster shall be, and by these Presents is, and stands adjourned for, and during all the Term and Time aforesaid, unto the said City of Oxford, and shall be there held and continued. And because his Majesty's Court Wards and Liveries is principally intent upon Matters of his Revenue, and the same with much more Conveniency to his Majesty, and with as little Inconveniency to his Subjects having Business therein, may be as well held in Oxford as in Westminster, his Majesty doth farther also by these Presents, order, appoint, declare, and publish, That the said Court of Wards and Liveries shall be, and by these Presents is and stands adjourned for and during all the Term and Time aforesaid, from the said City of Westminster unto the said City of Oxford, and shall be there held and continued. And because it is most proper that the Lord Privy-Seal for the Time being, and the Masters of Requests to his Majesty, who are Councel of the Court of Whitehall, or Court of Requests, should attend his Majesty's Person, wheresoever he is, or shall be; and all Suits depending in that Court, are properly depending before his Majesty, and the Bills there are exhibited unto his Majesty, and to none other, his Majesty doth likewise order, appoint, declare and publish, That the said Court of Requests, or Court of Whitehall, shall be, and by these Presents is adjourned from Westminster aforesaid, unto the said City of Oxford, and for, and during all the Term and Time aforesaid, shall there be held and continued. And because in the Time of these miserable Distractions, the Subjects of this Kingdom, having Suits in any Suits in any of the Courts of the King's Bench, Common-Pleas, and Exchequer, cannot with such Safety and Contentment as his Majesty wisheth unto them, attend their Suits and Causes depending in any of the said Three Courts: And yet that many Causes of smaller Moment may be dispatched without the Clients and Suitors themselves, by their Attorneys and Solicitors, if but a Part of the said Term may be held and kept in the Places where the Records of those Courts now are, and from whence without very much Trouble and Charge they cannot be removed; his Majesty hath further resolved, and by these Presents doth publish and declare, That he shall, and will by his Writs of Adjournment, totally adjourn the two first Returns of the said ensuing Term of St. Hilary, commonly called Octabis Hillarii, and Quindena Hillarii, until the Return called Crastino Purificationis, and the two last Returns of the said Term called Crastino Purificationis, and Octabis Purificationis, shall be held at Westminster in the usual Places where formerly they were held. All which his Majesty signifieth to all and singular his Officers, Ministers and loving Subjects of this Realm, to the Intent that they, and every of them who have, or shall have any Suit, or other Occasion to attend any of the said Courts of Chancery, Receipt of the Exchequer, and of First Fruits and Tenths, Dutchy of Lancaster, Court of Wards and Liveries, and Court of Requests, may give their Attendance at the said City of Oxford, and not elswhere; and that such of them as have, or shall have Cause to attend, or who have Cause or Commandment to appear in any of his Majesty's said Courts of King's-Bench, Common Pleas, and Exchequer at Westminster, in or at the said Returns of Octabis Hillarii, and Quindena Hillarii, or in, or at any Day or Time from and after the said Returns of Octabis Hillarii, and Quindena Hillarii, and before the said Return of Crastino Purificationis, may tarry at their Dwellings, or where their Business otherwise shall lie, without resorting to any of the said Courts for that Cause before the said Return of Crastino Purificationis next coming, and that without Danger of Forfeiture, Penalty, or Contempt, to incur towards his Majesty in that behalf. And nevertheless his Majesty's Pleasure is, That two of his Justices, that is to say, of either Bench one, shall the first Day of the Term of St. Hilary, called Octabis Hillarii, according to the antient Order of the Laws, keep the Essoins of the said Octabis Hillarii, at which Return of Octabis Hillarii, Writs of Adjournment shall be directed to the said Justices, giving them Authority to adjourn Part of the said Term of St. Hilary; that is to say, from Octabis Hillarii, until the said Return of Crastino Purificationis, as before is said; and the same Adjournment shall be made in the first Day of the said Octabis Hillarii, commonly called the Day of the Essoins, willing and commanding all and every of his Majesty's Officers, Minister, and Subjects to whom it doth, or shall appertain, to observe and keep their Assemblies and Appearances, with all their Returns and Certificates in his Highness said Courts at Westminster in Crastino Purificationis next, then and there to be holden and kept, and there to do their Offices and Duties in every behalf in like manner and form as they should or ought to have done, if this present Proclamation had not been had or made, as they shall answer the Contrary at their Perils.
Sir William Waller about the Middle of December appeared before the City of Chichester in Sussex, where many Gentlemen of Quality were gathered together for the Service of the King. Several Troops of Horse and Dragoons were brought to Waller's Assistance by Col. Morley a Member of the House of Commons, and Sir Michael Livesey a Kentish Knight. Waller summoned the Town by a Trumpet, and offered Conditions, but those within refused to accept them. Then he began his Batteries, and after eight Days Siege, many great Shots, and several Assaults and Sallies having been given and made with some Loss on either Side. The City not able longer to hold out, was on the 29th of December surrendered only upon Quarter for their Lives, where of Officers these that follow were made Prisoners, and on the second of January brought up to London, viz.
Sir Edward Ford High Sheriff of Sussex, Col. Lindsey, Col. Shelley, Lieutenant Colonel Porter, Major Lindsey, Serjeant Major Dansoh, Major Gourdon Major Lernon, Seventeen Captains, Thirteen Lieutenants, and Eight Ensigns. But it is to be noted, That although these had Commissions from his Majesty for such Commands, yet they had not raised their Men; but whilst they were about their Levies, were forced into this City.
There were also other Persons of Note made Prisoners; as Dr. King, then Bishop of Chichester, Mr. Lewkner Recorder of that City, Sir William Valentine Mr. Collins a Minister, Walter Monk, William Mayo, Rich Mayo, John Windsor, and Mr. Anderson. The Inhabitants offered the Parliaments Soldiers a Months Pay to be excused from being plunder'd, which was accepted of. On Sunday the Eight of January, Thanks was ordered to be given in all Churches and Chappels in London, Westminster, and Middlesex for this Success.
An Agreement made the Day above at Banbury in the County of Chester for a Pacification and Settling of the Peace of that County,
1. It is agreed that there be an absolute Cessation of Arms from henceforth within this County, and no Arms taken up to offend one another, but by the Consent of the King, and both Houses of Parliament, unless it be to resist Forces brought into the Country.
3. That all Prisoners on both Sides be enlarged. As for Mr. Norton, who is now Prisoner at Manchester, the Gentlemen appointed Deputy Lieutenants do declare, That he was taken without their Privity or Encouragement by some Manchester Troops, upon a private Quarrel, for taking Powder and other Goods belonging to one of Manchester; yet they will use their utmost Endeavours to procure his Enlargement, and do desire the like Endeavours to be used by Lords, and others, Commissioners of Array, for enlarging Mr. Dantel of Dasbury.
5. That all Gods and Arms taken on both Sides, now remaining in the County in Specie, be forthwith restored: and for all others that are taken out of the County, it is promised on both Parts, that since the Benefit of this Pacification redounds to the whole County, they will use their utmost Endeavours for a joint Contribution of the County towards Satisfaction to the Owners.
6. That the Lords and Gentlemen Commissioners of Array, before the Eighth Day of January next, procure from his Majesty a Letter, thereby declaring, That in regard a Peace is made in the County, he will send no Forces into this County; and if any other Person shall, contrary to such Declaration, bring Forces into the County (Passage for Forces without doing any hostile Act only excepted) the said Lords and Gentlemen will join to resist them. And if any Forces, without the Consent of the King and both Houses of Parliament, shall come into this County, (the Passages of Forces, without doing any hostile Act, excepted) the said Gentlemen nominated Deputy Lieutenants, will join to resist them, and use their utmost Endeavours therein.
7. In regard by the Blessing of God there is like to be a Peace within the County, if this Agreement be, it is agreed, That the Commissioners of Array shall not any further put the Commission of Array in Execution, nor the Gentlemen nominated Deputy Lieutenants, the Ordinance of the Militia, or execute their Commission.
8. Lastly, All the said Parties do agree and promise to each other, on the Word of a Gentleman, as they desire to prosper, that as well themselves, as also all their Friends, Tenants, Servants, and all other in whom they have any Interest, shall, as much as in them lies, perform the Agreement; and it is further desired, That all the Parties join in a Petition to his Majesty and both Houses of Parliament, for putting an end to the great Distractions and Miseries fallen upon this Kingdom, by making a speedy Peace. And it is agreed, That Sir George Booth, and all others within this County, who have appeared as Commissioners of Array, or as Deputy Lieutenants, by reason of the Ordinance of Parliament, shall with all convenient Speed subscribe this Agreement.
But the Parliament alledging this Agreement for Neutrality was made without due Authority, and prejudicial to the Publick, declared against the same, and set it aside, as they had done another before of the same Nature in Yorkshire.