Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Sabbati, videlicet, 18 die Junii.
The Lord Wharton was appointed to sit Speaker this Day.
Ordered, That the Printer that printed a Book concerning (fn. 1)
Message from the H. C. about the Commission of Array for Leicestershire.
A Message was brought from the House of Commons, by Sir Gilbert Gherrard, Baronet; who was commanded, by the House of Commons, to present to their Lordships a Letter of the Deputy Lieutenants of the County of Leycester, with a Copy of a Commission of Array now sent to be put into Execution; and the Form of the Warrant given by the Sheriff to execute the same: They desire that the Letter, and the said Commission and Warrant, may be referred to the Committees as were appointed Yesterday concerning this Business, and that the Committees may meet presently.
To send for Mr. Hastings as a Delinquent.
Like they desire their Lordships Concurrence in a Vote made for the sending for Mr. Henry Hastings, as a Delinquent.
Deputy Lieutenant for Warwickshire;
2. The House of Commons recommend to their Lordships Approbation Mr. Tho. Boughton, to be a Deputy Lieutenant in the County of Warwicke.
with a Letter sent to the Lord Mayor of London, and an Order concerning it.
3. (fn. 2) They acquainted their Lordships with a Letter, printed, sent to the Lord Mayor of the City of London; and desire that the Consideration of the said Letter may be referred to the same Committee appointed already for the Propositions, and desire their Lordships Concurrence in an Order concerning the said Letter.
1. The Letter was read, in bæc verba: videlicet, (Here enter.)
2. Next, the Copy of the Commission of Array was read.
Next, the Warrants for putting the said Commission into Execution were read.
The Vote of the House of Commons was read: videlicet,
"Resolved, upon the Question,
Mr. Hastings sent for, as a Delinquent.
"That Henry Hastinges, Esquire, Son to the Earl of Huntington, shall be sent for, as a Delinquent, for disturbing the Execution of the Ordinance of the Militia in the County of Leycester."
Ordered, That this House agrees with the House of Commons in this Order.
Deputy Lieutenant for Warwick.
Ordered, That Mr. Tho. Boughton shall (fn. 3) be recommended for a Deputy Lieutenant for the County of Warwicke.
The printed Paper of the King's Letter sent to the Lord Mayor and the Aldermen of the City of London was read. (Here enter.)
The Order of the House of Commons was read:
Order of both Houses, upon the King's Letter to the Lord Mayor.
"It is this Day Ordered, by the Lords and Commons, That the printed Letter from His Majesty to the Lord Mayor and the Sheriffs, concerning the Loans of Monies for raising of Horse, &c. be referred to the Committee for the Propositions, speedily to prepare a Declaration in Answer unto it; and to take some Order that it may be suppressed, and not published among the several Companies, as by the said Letter is required."
Ordered, That this House agrees with the House of Commons in this Order.
Ordered, That the Committees shall meet with the Committees of the House of Commons presently.
The Answer returned was:
Answer to the H. C.
That this House agrees with the House of Commons in all the Particulars of this Message.
A Message was brought from the House of Commons, by Mr. Grimston:
Message from the H. C. with a Proclamation sent to the Sheriff of Essex, and a Declaration upon it by the Parliament.
To let their Lordships know, that the Sheriff of Essex hath brought to the House of Commons a Proclamation, and a Writ sent to him to proclaim, with a Declaration concerning the same, made by the Parliament, in which the House of Commons desires their Lordships Concurrence, and that it may be printed and published. It was read, and Ordered to be referred to the Lord Admiral, Lord Viscount Say, and the Lord Robartes, who are presently to withdraw, and consider of what Alterations is fit to be made therein; and accordingly their Lordships withdrew.
It was (fn. 4) moved, "To send an Answer to the House of Commons, concerning the Order brought up from them the 16th June, touching the removing of the Arms from Hull; and to acquaint them with their Lordships Additions to the said Order;" which was Ordered to be done accordingly.
The Answer to the Messengers of the House of Commons:
That this House will send an Answer, by Messengers of their own.
The Lord Robarts reported the Additions which the Committee have thought fit to be made to the Declaration concerning the Sheriffs; which, being read, were approved of, and Ordered to be sent down to the House of Commons.
Message to the H. C. with the Order for bringing away the Ammunition from Hull, and with the Declaration about the Sheriff publishing the Proclamation against the Militia.
A Message was sent down to the House of Commons, by Sir Robt. Rich and Mr. Page:
To deliver unto them the Order of the 16th June, concerning the fetching away the Horse Arms at Hull, with the Additions of this House, and like the Declaration concerning the Sheriffs publishing of the Proclamation against the Militia, with the Additions.
The Earl of Leycester, Lord Lieutenant of Ireland, delivered in a Paper from the Scotts Commissioners, which was read, in hæc verba: videlicet,
Paper from the Scots Commissioners for Irish Affairs, about the Earl of Antrim.
"We are commanded, by the Council of Scotland, to shew your Lordships, and these Noble Gentlemen of the House of Commons, that they have gottin Notice that General Monro, being in his March from Carrickfergus to the County of Antrim, since the 24th of May, those of the Enemies that wer on this Side of The Banne, hearing of his Approach, have retired to Tyron for the most Part, and some of thame wer interrupted be the Way, and killed in thair Flight, and the ould Lady Antrim and her Daughter are of the Nomber of those that are fled; that the Earl himself hath been surprized at his awne House, and hath delivered the same up at the First Summons, alledging that he had none there bot his awne Servants, and that he was ready, for the Furtherence of his Majesty's Service, to give up all the Houses he had (fn. 5) anie Power of in that Country; and that Monro hath put ane Guard upon the Earl and his House, for securing thame till he hear from General Leslie, what is next to be done with the Erle; that which is laid to the Erle's Charge in Monroe's Letter to the General is, that he may be suspected to be one of the Number of the Rebels, be reason that his nearest Friends and Kinsmen hade shed more of the British Blood since these Troubles began than many of the Rebels in Ireland; next, that he, the Erle himself, had passed from Dublin to Dunluce, under the Protection of Sir Phelim O'Neale's Pass, and, since his coming to Dunluce, his House had been a Refuge to Rebels and thair Children, such as Philomon Duff and others; beside, McNaughtonn, who was most inward with the Erle, was there also, who had builded a Fort in a Mosse near Ballimonie, which held out at this Time; and because, at this Distance, the General cannot be well acquainted with the Measure of the Erle of Antrim's Offence, he has delayed his Answer unto Monro till we should acquaint your Lordships and these Noble Gentlemen, and that he hear from us what is the Parliament's Pleasure thereanent; and since the Counsel hes written to know His Majesty's Pleasure therein, they do likewayes desire to understand the Resolution of the Parliament, that the General may (fn. 6) give his Orders according as His Majesty and they shall think fitting.
Westm. 17 Junii, 1642.
The House was adjourned during Pleasure; and the Lords Committees went to meet the Committee of the House of Commons, in the Painted Chamber.
Order to the Lord Mayor, not to divulge the King's Letter to him, for stopping the Propositions for bringing in Money, etc.
Ordered, That there (fn. 6) be Notice given to the Lord Mayor of the City of London, "That a Common Council be called, to meet at Four of the Clock this Afternoon, at Guildhall, at which Time both Houses will send Committees thither; and, in the Interim, his Lordship shall prevent the doing of any Thing upon the Letter sent to him from His Majesty, dated the 14th Day of this Instant June, to stop the Proposition of bringing in of Money or Plate, or any ways divulging of the same Letter to the Companies, or otherwise."
Message from the H. C.
And upon this Paper the House of Commons have made a Vote, in which they desire their Lordships Concurrence: videlicet,
"Resolved, upon the Question,
For the Earl of Antrim to be committed to the Castle of Carrickfergus.
That the Earl of Antrim shall be committed to the Castle of Carrickfergus, or to some such other Place of Strength and Safety in that Kingdom as the General of the Scotts Forces shall think fit, to be kept there in safe Custody, until further Directions be given by both Houses of Parliament."
Ordered, That this House agrees with the House of Commons in this Vote, and Orders the same accordingly.
That they agree to the Orders about the Ammunition from Hull, and the Sheriff not to publish the Proclamation against the Militia.
Also it was delivered, That the House of Commons do agree with their Lordships in the Two Orders sent down to them this Morning, with Additions; one concerning the removing of the Horse Arms from Hull, the other concerning the Order touching the Sheriffs not proclaiming the Proclamation against the Militia. (Enter them here.)
To desire the Lords would fit P. M.
4. To desire their Lordships to sit this Afternoon.
The Answer returned was:
Answer to the H. C.
That their Lordships agree to the Vote made concerning the Earl of Antrim; as concerning sitting this Afternoon, their Lordships will send an Answer, by Messengers of their own.
A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:
Message to the H. C. for the Committees to meet at a Common Hall in London, to further the Propositions for bringing in Money, &c.
To let them know, that the Lords have appointed their Committee for the Propositions concerning raising Horse, Money, and Plate, to meet this Afternoon, at Four a Clock, at a Common Hall, at Guildhall, in London, having (fn. 6) sent to the Lord Mayor to that Purpose, to further the Propositions, and to hinder the Execution of any Thing to be done upon the King's Letter to the Lord Mayor and Aldermen, etc. and to desire that the House of Commons would appoint their Committee likewife to meet with the Lords Committees accordingly.
The Commission of Array for Leicestershire.
"Carolus, Dei Gratia, Angliæ, Scotiæ, Franciæ, et Hiberniæ Rex, Fidei Defensor, etc. Charissimis Consanguineis Henr. Comiti Huntingdon, et Willm. Comiti Devon, nec non Dilectis & Fidelibus Nostris Henrico Hastings, Armigero, Filio dicti Comitis Huntingdon, Henr. Berkley, Georgio Villiers, Thomæ Burton, Baronettis, Henr. Skipwith, Johanni Skeffington, & Ric. Halford, Militibus et Baronettis, Wolstan Dixey, Ricardo Roberts, Johanni Bale, Thomæ Hartopp, Erasmo De la Fountaine, et Will. Jones, Militibus, Henr. Hastings de Humb'ston, Georgio Ashby, et Johanni Pate, Armigeris, ac Vicecomiti Nostro Comitatus Nostri Leic. pro Tempore existenti, Salutem.
"Sciatis, quod Nos, Malitiæ Inimicorum Nostrorum, si Regnum Nostrum Angliæ invadere præsumpserint (quod absit, Gratia Nobis favente Divina) resistere, ac pro Salvatione et Defensione Nostri ac Regni prædicti, et Legiorum Nostrorum ejusdem, disponere et ordinare volentes, ut tenemur, assignavimus vos, vel aliquos tres vel plures vestrum, ad arraiandum et triandum omnes et singulos Homines ad Arma, ac Homines armatos, et Sagittarios, in Comitatu prædicto commorantes, infra Libertates et extra, ad armari faciendum omnes illos, qui de Corpore sunt potentes et habiles ad armandum, qui de suo proprio habent unde seipsos armare possunt, videlicet, quilibet eorum juxta Statum et Facultates suas, et ad assidendum et apportionandum juxta Advisamentum et Discretiones vestras, aut aliquorum trium vel plurium vestrum, ac etiam ad distringendum omnes illos, qui in Terris et Bonis sunt potentes, et pro Debilitate Corporum ad laborandum impotentes, ad inveniendum, juxta Quantitatem Terrarum et Bonorum suorum, et prout rationabiliter portare potuerint (salvo Statu suo) armaturum Hominibus ad Arma, et Hominibus armatis, et Arcus et Sagittas, ita quod illi qui morabuntur, seu morari potuerint, ad Domum suam propriam, in Patria sua, super Defensione ejusdem Regni contra Inimicos Nostros si Periculum inveniat, non capiant Vada nec Expensas pro Mora sua apud Domos suas prædictas; et ad dictos Homines ad Arma, et ad Homines armatos et Sagittarios, si arraiatos et munitos, continue in Arraiatione, ut in Millenis, Centenis, et Vintenis, et alias, prout conveniens fuerit et necesse, teneri et poni faciendum: Assignavimus autem vos, aut aliquos tres vel plures vestrum, quorum te præfatum Henr. Comitem Huntington, et in Absentia tua te præfatum Will. Comitem Devoniæ, vel te præfatum Henr. Hastings, Filium prædicti Comitis Hunt. unum effe volumus, ad dictos Homines ad Arma, et Homines armatos et Sagittarios, sic arraiatos et munitos, tam ad Costeram Maris quam alia Loca, ubi ac quoties necesse fuerit, ad dictos Inimicos Nostros expellendum, debellandum, destruendum, de Tempore in Tempus, cum aliquod Periculum immineret; mandandum et injungendum assignavimus esse vos, aut aliquos tres vel plures vestrum, ad Monstrum five Monstrationem eorundem Hominum ad Arma, ac Hominum armatorum et Sagittariorum, de Tempore in Tempus, quoties indiguerit, diligenter faciendum et supervidendum, ac etiam ad proclamandum, ordinandum, et diligenter examinandum, quod omnes et singuli hujusmodi Homines ad Arma, ac Homines armati et Sagittarii, in Monstris hujusmodi Armaturis suis propriis, et non alienis Armentis, sub Pœna Amissionis eorundem, exceptis duntaxat illis qui ad Expensas aliorum armari debent, ut prædictum est; et ad omnes et singulos quos in hac Parte inveniretis contrarios, sub Rebelles arrestandum et capiendum, et eos in Prisonis Nostris committendum, in iisdem moraturos quousque secundum Legem inde deliberati fuerint, et ideo vobis districtius quo possumus, super Fide et Ligeantia quibus Nobis tenemini, injungimus et mandamus, quod statim, visis præsentibus, vos ipsos melius et securius quo poteritis arraiari et parari, et quorum vobis ut certos Dies et Loca, quos videritis magis competentes et expedientes, et pro Populo Nostro minus damnosos, omnes Homines in Patria commorantes Arraiatio et Munitio melius fieri et compleri poterint, veniri et vocari faciatis, et eorum arraiari, armari, et muniri, et eos sic arraiatos et munitos in Arraiatione hujusmodi teneri faciatis et insuper Signa vocata Becons poni faciatis in Locis consuetis, per quæ Gentes Patriæ de Adventu Inimicorum Nostrorum poterunt congruis Temporibus præmuniri; et eosdem Homines, sic arraiatos et munitos, cum Periculum immineret, in Defensione Regni ac Patriæ prædicti, de Tempore in Tempus, tam ad Costeram Maris, quam alia Loca ubi magis necesse fuerit, duci faciatis, vel aliqui tres aut plures vestrum, quorum te præfatum Henr. Comitem Huntington."
L. Grey and Sir Arthur Haslerig's Letter to the Speaker of the House of Commons.
"For the much-honoured Wm. Lenthall, Esquire, Speaker of the Commons House.
"The Trained Soldiers being summoned to appear at Leycester, and to bring with them their Arms; Mr. Henry Hastinges, Son to the Earl of Huntington, came to Leycester the Day before our Meeting, and had divers Proclamations of the Militia; and some he sent to the Head Constables, writing on the back Side that they should publish them in the Towns, subscribing his own Name. Our Lord Lieutenant sent one of them to the Lord Grey. The next Day, Mr. Tho. Ruddyard, the Mayor of Leycester, being at the Town Hall, in Consultation with his Brethren, Mr. Hastinges went near to the Hall, and sent for the Mayor, and told him, that the King, with His own Hands, gave him a Proclamation, commanding him to deliver it to the Mayor, and that he should proclaim it; and further, that His Majesty had heard ill of the Town of Leycester, and expected an exact Account of that Day's Work. After that Discourse, the Mayor refused (although before he had promised all Obedience to the Ordinance) to send forth the Trained Men of the Town; and the Trained Soldiers coming out of the Country, with their Arms, being on their Way to the Town, were met by Strangers, affirming that we had declared that they needed not to appear, and telling them, that, if they went with their Arms, it would cost them their Lands, if not their Lives, which did strangely amuse the People; nevertheless there was a good Appearance of Men; but most of their Arms, by reason of those Reports, were left by the Way. We, finding an absolute Necessity of our Stay in the County, sent Warrants to train the Five Companies in their several Divisions: Three have appeared in a very full and complete Number, scarce a Trained Man of the Laity missing, but from the Towns of Sir Richard Halford, Sir John Bale, and Mr. John Pate, Three of our former Deputy Lieutenants, and against whom Complaints of a high Nature depend in the House of Commons; and about One Hundred Eighty Voluntiers came in, well armed, and all expressed great Affection and Forwardness for King and Parliament: To-morrow we go on to the Fourth Division, and doubt not of a good Appearance, although we approach near to Mr. Hastings's Quarters: We had not troubled your great and pressing Affairs with this long Narration at this Time, but left it to our Return, had not Mr. Hastinges this Day, accompanied with Sir Rich. Halford, Sir John Bale, Mr. Pate, and Gregory, Under Sheriff, that opposed the publishing the last Declaration in Answer to the Proclamation, gone to the Town Hall, and, in the Presence of Mr. Mayor and some of his Brethren, delivered a Translation in English of a Commission, to be read by the Town Clerk; which he reading, the Under Sheriff held the Original; and where Defects were, he read the Latin, and turned it into English; a Copy of the Commission, and the Warrants that are sent forth thereupon, we have sent. That Commission being read, Mr. Hastings delivered a Letter, which was also read; a Copy whereof, as it comes to our Hands, is here inclosed. Then Mr. Hastings declared His Majesty's Affections to the Town, especially to the Mayor; giving him public Thanks for his good Service, and shewing his Dislike of our Lord Lieutenant's Proceedings concerning the Magazine, concluded with a Desire that Mr. Mayor would set a strong Guard upon the Magazine, for it was the Defence of the Town as well as for the Country. Mr. Mayor consented, and appointed a Guard both for Day and Night. We perceive this Commission and these Actions do very much distract both the Town and Country; and of what dangerous Consequence such Beginnings may be, not only to this County, but to the whole Kingdom, we humbly leave it to the Wisdom of the House, and ourselves to be commanded as
"Your faithful Friends and ready Servants,
The Warrant of the Commissioners to the Sheriff of Leicestershire.
"We whose Names are hereunder written, Commissioners of Array, by virtue of His Majesty's Commission, have appointed Wednesday the Two and Twentieth Day of this Instant Month of June, to (fn. 7) muster all the Trained Bands of Foot, and also all the Freeholders Bands; and therefore, by virtue of the said Commission, we command you to make your Warrants to the Chief Constables of every Hundred; commanding them, and every of them, to make their Warrants to the particular Constables within their several Divisions; and that they warn both Clergy and Laity, and also the Freeholders Bands, with their complete Arms, clean dressed, and fit for Service, to appear before us, at The Row Dikes, in or near the Borough of Leycester, the said 22d Day of June, by Eight of the Clock in the Morning. So we rest,
From Leycester, the 16th of June, 1642.
"Your loving Friends,
The Sheriff's Warrant to the Petty Constables, to put the Commission of Array in Execution.
"Archdall Palmer, Esquire, High Sheriff of the County of Leycester, to the Chief Constables of the Hundred of Framland, and to every of them, Greeting. By virtue of a Command to me directed from His Majesty's Commissioners of Array, and by virtue of the said Commission to them and me directed; these are, in His Majesty's Name, to will and command you, that presently (upon Sight hereof) you make your particular Warrants to the several Petty Constables within your several Divisions, thereby commanding them to warn and summon all of the Trained Bands and Freeholders Bands, within their several Constabularies, as well of the Clergy as Laity, to be and Personally appear, with their Arms clean dressed, fit for Service, before His Majesty's Commissioners of Array, at Row Dikes, in or near the Borough of Leycester, on Wednesday the 22d of this Instant June, by Eight of the Clock in the Morning; and in case any of the Trained Bands, or Freehold Bands, be dead, or gone from the Town, that the Petty Constables do bring in able and sufficient Men, to serve in their Rooms, and fit for Service; and that you, and every of you, and also the Petty Constables, be likewife then and there present. Hereof fail you not, as you will answer the contrary at your Perils.
"Given under my Hand and Seal of Office, the 16th of June, Anno Domini 1642."
The Under Sheriff, the High Sheriff being absent, sent forth these Warrants.
King's Letter to the Lord Mayor, etc. to stop the Propositions for bringing in Money, etc.
"To Our Trusty and Well-beloved the Lord Mayor, Aldermen, and Sheriffs of Our City of London.
"Trusty and Well-beloved, We greet you well. Whereas We have received several Informations of great Sums of Money endeavoured to be borrowed of Our City of London, by some Direction proceeding from both Our Houses of Parliament, and likewise that great Labour is used to persuade Our Subjects to raise Horse, and to furnish Money, upon Pretence of providing a Guard for Our Parliament; these are to let you know, that, notwithstanding any scandalous Votes, which have presumed to declare Our Intention of levying War against Our Parliament, and to lay other Aspersions on Us, so fully disavowed by Us, in the Presence of Almighty God, by Our several Answers and Declarations, all Our Desires and Purposes are for the public Peace; and that We have not the least Thought of raising or using Force (except We are compelled to it for the Defence of Our Person, and in Protection of the Law): And therefore We expect that you suffer not yourselves to be misled by such vain and improbable Suggestions, and do declare, That, if you shall lend any Sums of Money towards the Relief of Ireland (to which We have contributed all the Assistance could be desired of Us, which Way soever the Money given and raised to that Purpose is disposed), or towards the Payment of Our Scotts Subjects, We shall take it as an acceptable Service at your Hands; but if, upon general Pretences, contrived by a few factious Persons against the Peace of the Kingdom, you shall give or lend any Money, or provide or raise any Horses or Arms, towards the raising of such a Guard, We shall look upon it as the raising Force against Us, and to be done in Malice and Contempt of Us and Our Authority: and We do therefore strictly charge and command you to publish this Our Letter to the several Masters and Wardens of the several Companies, that they may be assured, that such Money as they shall lend, out of their good Affection to the Kingdom, may be only employed for Ireland or Scotland, and not towards such Guards, which (in Truth) are intended by the Contrivers of that Design (though We believe many honest Men, seduced by them, do not see their End) to be employed against Us; and if you and they shall herein fail punctually and severally to observe Our Commands, We shall not only proceed against the several Companies for deceiving the Trust reposed in them, but against the particular Persons, as Contemners and Opposers of Our Authority, and of the Law of the Land, in the most exemplary Way the known Law of the Land shall prescribe to Us; and shall be compelled to question the Charter of your City, which We are willing yet to believe (notwithstanding the barbarous and insolent Demeanour of the meaner and baser Sort) in a good Degree to continue loyal to Us. And of your Obedience to these Our Commands, We do expect and require a full Account, and of the Names of such Persons who shall oppose the same. Hereof fail you not, as you will answer the contrary at your Peril.
"Given at Our Court at Yorke, the 14th Day of June, in the 18th Year of Our Reign, 1642."
The King's Letter to the Commissioners of Array for Leicester.
"Right Trusty and Right Well-beloved Cousins, and Right Trusty and Well-beloved, We greet you well. Whereas it hath been declared, by the Votes of both Houses of Parliament, the 15th of March last, That the Kingdom hath been of late, and still is, in so evident and imminent Danger, both from Enemies abroad and a Popish discontented Party at Home, that there is an urgent and inevitable Necessity of putting Our Subjects into a Posture of Defence, for the Safeguard both of (fn. 8) Our Person and People; and sithence, divers Inhabitants of divers Counties have addressed their Petitions to that Purpose; and whereas a small Number of both Houses (after it had been rejected by the Lords in a full House, and without Our Royal Assent, or the Opinion of the Judges concerning the Legality hereof) have attempted, by Way of Ordinance, to put in Execution the Power of the Militia of the Kingdom, and to dispossess many of Our ancient Nobility of the Command and Trust reposed in them by Us, and have nominated divers others, who have no Interest in, nor live near unto, some of the Counties to which they are nominated, for the Lieutenancy, whereby they cannot be properly serviceable to the Counties wherewith they are intrusted, nor Our People receive that Content and Security which We desire they should; to submit to the Execution of which Power by the Way of Ordinance, without it were reduced into a Law by Act of Parliament established by Our Royal Assent, were to introduce and expose Our Subjects to a meer arbitrary Government, which, by God's Grace, We shall never permit: We therefore, considering that by the Laws of the Realm it belongeth solely to Us to order and govern the Militia of the Kingdom, have thereupon, by Our Proclamation of the 27th of May last, prohibited all Manner of Persons whatsoever, upon their Allegiance, to muster, levy, or summon, upon any Warrant, Order, or Ordinance, from one or both Houses of Parliament, whereunto We have not or shall not give our express Consent, any of the Trained Bands, or other Officers, without express Warrant under Our Hands, or Warrant from the Sheriff of the County, grounded upon a particular Writ to that Purpose, under Our Great Seal; and considering that, in ancient Time, the Militia of the Kingdom was ever disposed of by Commissions of Array, and that, by a particular Statute upon Record in The Tower, made in the Fifth Year of (fn. 9) Henry the Fourth, by full Consent of the Prelates, Earls, Barons, and Commons, and at their Suit, and by the Advice and Opinion of the Judges then had, such Commissioners (fn. 10) were approved of for the Time to come; and that, by the subsequent Records, it appears that all Our Royal Predecessors have continually exercised that Power by such Commissions, till of late Time, that they have been discontinued by the Grants of particular Commissions of Lieutenancy, little differing in Substance from the said Commissions of Array, against which, it seems, the Houses have taken some Exceptions; and though we are no Way satisfied of the Legality of them, Our Counsel being never heard in the Defence thereof, yet, being willing to avoid all Exceptions at present, We have thought sit to refer it to that ancient legal Way of disposing the Power of the Militia by such Commissions of Array, for the Defence and Safety of Us, Our Kingdom, and your Country, authorizing you, or any Three or more of you, to array and train Our People, and to apportion and assess such Persons as have Estates, and are not able to bear Arms, to find Arms for other Men, in a reasonable and moderate Proportion, and to conduct them, so arrayed, as well to the Coasts as other Places, for the Opposition and Destruction of Our Enemies, in Case of Danger, as to your Discretions, or any Three or more of you, shall seem meet, whereof you Henry Earl of Huntingdon, and, in your Absence, William Earl of Devon, or Henry Hastings, Esquire, to be One; and being both confident, in a great Measure, of the loyal Affections of Our People, and very tender to bring any unnecessary Burthen or Charge upon them, by augmenting the Number of the Trained Bands, We do, for the present, only require that you forthwith cause to be mustered and trained all the ancient Trained Bands and Freehold Bands of the County, carefully seeing that they be supplied with able and sufficient Persons, and completely armed, unless you find that there be just Cause, and that it shall be with the good Liking of the Inhabitants, for their own better Security, to make any Increase of their Number; and over such Bands to appoint and set such Colonels, Captains, and Officers, as you shall think most sit for the Discharge of that Service, being such Persons as have some considerable Interest in the Country, and not Strangers; and, in case of any Opposition, you are to raise the Power of the County to suppress it, and to commit all such Persons as shall be found rebellious herein to the Custody of Our Sheriff, whose Care and Assistance We especially require; and that he shall, from Time to Time, issue forth such Warrants for the assembling of Our People, at such Times and Places as by you shall be agreed on, according to the Trust reposed in him by Our said Commission; and We have authorized you Our Commissioners, or any Three of you, after such Array made, from Time to Time, to train and take Musters of Our said Bands, and to provide Beacons, and other Necessaries, for the better exercising of Our said People, and Discovery of sudden Invasions and Commotions; of all which your Proceedings herein We expect a speedy and plenary Account, according to the Trust reposed in you, and Authority given you by Our Commission on that Behalf.
"Given at Our Court at Yorke, the 12th Day of June, in the 18th Year of Our Reign, 1642."
Declaration for the Sheriff of Essex not to publish the Proclamation against the Militia.
"Whereas Robert Smith, Esquire, now High Sheriff of the County of Essex, hath lately received a Writ, bearing Date the 27th Day of May, in the 18th Year of His now Majesty's Reign, thereby commanding him to publish a Proclamation, whereby all His Majesty's Subjects belonging to the Trained Bands or Militia of this Kingdom are forbidden to rise, march, muster, or exercise, by virtue of any Order or Ordinance of one or both Houses of Parliament, without Consent or Warrant from His Majesty, upon Pain of Punishment according to the Laws; and whereas the said High Sheriff hath now addressed himself to both Houses of Parliament, for Advice and Directions therein (conceiving the said Proclamation to be contrariant and repugnant to the Ordinance and Judgement of both Houses of Parliament, concerning the Militia): It is therefore Declared, by the Lords and Commons in Parliament (they intending nothing by the said Ordinance but the Protection and Security of His Majesty's Person, the Defence of the Kingdom against Foreign Invasion, and the Preservation of the Public Peace against intestine Rebellions and Insurrections here at Home, the Maintenance of the Privileges and Authority of Parliament according to the Protestation), That the said Writ is illegal; for that, by the Resolution and Policy of this Kingdom, the King by His Proclamation cannot declare the Law contrary to the Constitution of any of the Inferior Courts of Justice, much less against the High Court of Parliament; and likewise for that this Writ forbids that to be done which they are obliged unto by their Duty to God, their Allegiance to His Majesty, and the Trust reposed in them by the Commonwealth (the Law having intrusted them to provide for the Good and Safety thereof); and that the said High Sheriff hath done nothing (fn. 11) wrong in Forbearance to publish the said Proclamation, or any other Proclamations or Declarations of the like Nature that concern the Parliament, without first acquainting the said Houses of Parliament: And it is further Declared, That the said High Sheriff, and other Sheriffs of other Counties within this Kingdom of England and the Dominion of Wales, for their Obedience to the Orders and Ordinances of Parliament, or that have or hereafter shall do any Thing in the Execution thereof, shall be protected by the Power and Authority of both the said Houses."
The Lord Kymbolton was appointed to sit Speaker this Afternoon.
Declaration concerning the King's Letter to the Lord Mayor.
The Lord Brooke reported from the Committee, a Draught of a Declaration concerning the King's Letter sent to the Lord Mayor and Aldermen of the City of London; (fn. 12) which was approved of, and Ordered to be communicated to the House of Commons.
Report from the Committee about the Commission of Array for Leicestershire.
The Lord Admiral reported from the Committee appointed to consider of Commissions of Array, "That they have examined this Commission of Array for Leycester, with the Record of H. IV; and the Lecester Commission is not agreeable to the Record." Hereupon the Committee have made this Vote; videlicet,
The Commission against Law.
"That this Commission of Array for Leycester is against Law, and against the Liberty and Property of the Subject."
Which Vote this House confirmed, and voted the same verbatim.
This Vote to be printed.
Ordered, That this Vote shall be printed, and published forthwith throughout the Kingdom.
London Militia to be equipped with Saddles and Arms.
Ordered, That the Committee for the Militia of the City of London shall take Care that One Thousand Saddles and Bridles, One Thousand Pair of Pistols, and One Thousand Carebines, and One Thousand Swords, be presently bespoke; and that the several Artificers shall not furnish any with Saddles, Pistols, or Carabines, and Swords, until these are made and delivered in to the Committee for the Militia of London, for the Uses expressed in the Propositions; and the Charge to be paid out of the Money (fn. 13) underwritten for the same Service by the Treasurers.
A Message was brought from the House of Commons, by Sir Tho. Barrington, Baronet:
Message from the H. C. to sent for Delinquents for opposing the Leicestershire Militia;
To desire their (fn. 14) Lordships to concur with the House of Commons in a Vote, for the sending for Mr. Henry Hastings, of Humberston, Sir Ricd. Halford, Sir John Bale, Mr. John Pate, and Mr. Gregory, Under Sheriff of the County of Leycester, forthwith, as Delinquents, for interrupting the Execution of the Ordinance for the Militia, in the County of Leycester; and that the Lord Lieutenant of that County, and the Deputy Lieutenants, and all Mayors and Justices of the Peace, be required to use their utmost Power for the apprehending of the said Persons.
and to send to the Lord Mayor, not to publish the King's Letter for staying the bringing in of Money, &c.
2. To desire their Lordships to join in an Order, That the Lord Mayor, Aldermen, and Sheriffs of London, be required not to publish the Letter received from His Majesty to the several Companies of London, as by the said Letter they are commanded, until they shall receive further Order from both Houses of Parliament.
An Order to this Effect was sent to the Lord Mayor this Morning.
The Answer returned was:
Answer to the H. C.
That this House will send an Answer, by Messengers of their own, concerning these Two Orders.
Order to attach Mr. Hastings, &c. for opposing the Leicestershire Militia.
"Ordered, by the Lords and Commons in Parliament assembled, That the Gentleman Usher of the Peers House, or his Deputies, shall attach the Bodies of Henry Hastings, Esquire, Son of the Earl of Huntingdon, Sir Richard Halford, Knight, Sir John Bab, Knight, Mr. John Pate, and Mr. Gregory, Under Sheriff of the County of Leicester, and forthwith bring them before the Lords in Parliament, for interrupting the Execution of the Ordinance of the Militia in the said County of Leicester; and that the Earl of Stamford, Lord Lieutenant of that County, and the Deputy Lieutenants, and all Mayors and Justices of Peace, be required to use their utmost Power for the apprehending of the said Persons.
"To the Gentleman Usher, &c."
Message to the H. C. for a Conference about a Declaration to the City, concerning the King's Letter to them.
A Message was sent to the House of Commons, by Sir Robt. Rich and Mr. Page:
To desire a present Conference, touching a Declaration to be sent to the City of London, concerning the King's Letter to them, printed.
The Messengers return with this Answer:
That the House of Commons will give their Lordships a present Meeting, as is desired, in the Painted Chamber.
Heads for the Conference.
The Effect of this Conference was to be: "To let the House of Commons know, that their Lordships do agree with them in sending for the Five Persons in Leycestershire, Delinquents, being Actors in the Execution of the (fn. 15) Commission of Array.
"2. To communicate unto them the Declaration concerning the King's Letter to the City, and desire their Concurrence.
"3. To acquaint them with the Vote of this House, concerning the Illegality of the Commission of Array granted to the Earl of Huntingdon, &c. for Leycestershire; and that the same is Ordered to be printed and published throughout the whole Kingdom."
House adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.
Message to the Lord Mayor, to call a Commonhall on Monday, when the Committees will meet them.
And it being late, and not hearing any Resolution from the House of Commons; the Lords thought it sit to send Sir Robt. Rich, to let the Lord Mayor and Aldermen and Common Hall of London know, "That this House gives them Thanks for their Readiness, and staying so long in expecting the Committees of both Houses; and that their Lordships had come according to their Expectation, if some important Business, which came out of Lyncolneshire, had not come unexpected, which held them so long that their Lordships thought it to be an unseasonable Time of Night to come about such a Business, it being Saturday: Therefore their Lordships do desire that the Lord Mayor would call a Common Hall, to meet on Monday, at Three of the Clock in the Afternoon; at which Time the Committees appointed by both Houses will come."
Nona, die Lunæ.