House of Lords Journal Volume 5: 30 January 1643

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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'House of Lords Journal Volume 5: 30 January 1643', in Journal of the House of Lords: Volume 5, 1642-1643, (London, 1767-1830) pp. 577-583. British History Online https://www.british-history.ac.uk/lords-jrnl/vol5/pp577-583 [accessed 24 April 2024]

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In this section

DIE Lunæ, 30 die Januarii.

PRAYERS.

Earl of Manchester, Speaker this Day.

The Speaker acquainted this House, "That he hath received a Letter from the Lord Viscount Falkland;" which was read, as followeth:

Letter from Lord Falkland, with the following Pass.

"My Lord,

"I have, by His Majesty's Command, inclosed His Majesty's Safe Conduct for the Lords and Gentlemen, according to the Desire of both Houses, expressed in your Letter of the 27th of January, directed to me, who assure your Lordship that I am,

"My Lord,

Oxford, 28th January,

"Your Lordship's humble Servant,

"Falkland."

Directed, "To the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore."

The King's Pass, for the Committee, who are to attend Him.

CHARLES R.

"Our Will and Pleasure is, and We do hereby streightly charge and command all the Officers and Soldiers of Our present Army, and all Our Ministers and Subjects whatsoever, to permit and suffer Our Right Trusty and Right Well-beloved Cousins and Counsellors Algernoone Earl of Northumb. Phillip Earl of Pembrooke and Mountg. Wm. Earl of Salishbury, and Henry Earl of Holland, Our Right Trusty and Well-beloved Thomas Viscount Wenman and Ric'd Viscount Dungarvan, and our Trusty and Well-beloved Sir Jo. Holland, Sir Wm. Litton, Knights, Wm. Pierpoint, Bulstrode Whitlocke, Edward Waller, and Ric'd Winwood, Esquires, (together with their Servants) to pass and re-pass to and from Us, they being now sent to tender Us Propositions from Our Two Houses of Parliament. This Our safe Conduct, under Our Sign Manual and Royal Signer, We charge and command them, and every of them, punctually to observe and obey, as they will answer the contrary at their utmost Perils.

"Given at Our Court at Oxford, the 28th Day of January, 1642."

Sir Robert Fenn, a Pass.

Ordered, That Sir Rob't Fenn Knight, One of the Officers of the Green Cloth, shall have a Pass, to go to Oxford, being his Waiting Month.

Mr. Cary, Leave to stay in Town.

Ordered, Mr. Cary shall have Leave to stay in Town Four or Five Days.

E. of Portland's Servant released.

Ordered, That a Servant of the Earl of Porland's, being his menial Servant, shall be released, being arrested.

Bill against scandalous Ministers.

Hodie 3a vice lecta est Billa, An Act for the punishing of divers scandalous Clergymen and others.

And it being put to the Question;

It was Resolved, To pass as a Law, with the Alterations.

Sent to the H. C. with the Bill for the Synod.

This Bill and the Bill for the Assembly was sent down to the House of Commons, by Message, by Dr. Bennett and Dr. Aylett:

Committee going to the King to carry only their own Servants.

Ordered, That the Four Lords that are to go to Oxford with the Propositions shall carry no Servants but their own along with them.

Message to the H. C. to give the same Order to their Committee.

The Messengers that carried down the Bills to the House of Commons were to let the House of Commons know, that their Lordships have received a Safe Conduct for the Members of both Houses that are to go to Oxford; and to let them understand, that their Lordships have Ordered, That the Four Lords shall take no Servants along with them but their own Servants; and to desire that the House of Commons would make the same Order for the Members of their House.

Sir Basil Brooke and Sir J. Winter, versus Mr. Mynn.

Upon reading the Petition of Sir Basill Brooke, and Sir John Winter, against Mr. Mynn; it is Ordered, That Mr. Mynn shall have a Copy of the Petition, and return his Answer, and shew Cause why the Petition should not be granted.

Lancaster, a Pass.

Ordered, That Wm. Ryley Lancaster shall have a Pass, to go to Oxford, and back again.

Bar, a Pass.

Ordered, That Bar, Servant to the Earl of Bath, shall have a Pass, to go into France, and back again.

Withings, a Pass.

Ordered, That Mr. Wythinges, One of the Equerries to the Prince his Highness, shall have a Pass, to go to Oxford, to attend on the Prince.

Adjourn.

House adjourned till 3a post meridiem.

Post meridiem.

PRAYERS.

Earl of Manchester, Speaker this Afternoon.

Message from the H. C. with an Ordinance for a Loan for Ireland;

A Message was brought from the House of Commons, by Mr. Whitlocke; which consisted of these Particulars: videlicet,

1. To desire their Lordships Concurrence in an Ordinance concerning a Loan for Ireland.

and to sit a while.

2. To desire that their Lordships would please to sit a while, for they shall (fn. 1) have Occasion to bring up some Business of Importance to their Lordships.

Agreed, To fit, as is desired.

The said Ordinance was read. (Here enter it.)

Agreed to.

Message to the H. C. about removing Sir Cha. Berkley;

A Message was sent to the House of Commons, by Mr. Serjeant Glanvile and Mr. Dr. Heath:

To let them (fn. 2) know, that whereas lately their Lordships had a Conference with them concerning Sir Charles Berckley, their Lordships did not intend to bail him; but only, in regard of his ill Health, to remove him from the Prison where he now is, to some safe Place, where he may have better Accommodation for his Health; and, he being their Lordships Prisoner, they will take Care for his safe Custody.

and about the Ordinance for the Irish Loan.

2. To let them know, that this House agrees to the Ordinance now brought up, concerning the Contribution for Ireland.

The Messengers return with this Answer:

Answer from the H. C.

That they have delivered their Message to the House of Commons; and to that Part of the Message concerning Sir Charles Berckley, they are contented that (fn. 3) he be removed, as their Lordships have propounded.

Message from thence, for a Conference about a Letter from the King to the Queen, and about one from Lord Fairfax.

A Message was brought from the House of Commons, by Sir Rob't Harley:

To desire a present Conference, concerning a Letter intercepted going from the King to the Queen, and a Letter sent from the Lord Fairfaix.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Answer from the H. C. to the Message sent this Morning.

The Messengers sent to the House of Commons this Morning, return with this Answer:

That they do agree in the Amendments in the Bills concerning scandalous Ministers and the Assembly; and that the House of Commons have Ordered, That such Members of theirs as go to the King with the Propositions shall not carry any but their own Servants with them.

The House of Commons being come in the Painted Chamber, ready for the Conference, the House was adjourned during Pleasure:

And the House was resumed.

Conference about the Letter from the King to the Queen, and about one from Lord Fairfax.

The Speaker reported the Effect of the Conference:

"1. To communicate a Letter sent from the Lord Fairefax.

"2. A Letter of the King's to the Queen, which was intercepted by the Lord Fairefaix." (Here enter the Letters.)

Which Letters they desire their Lordships Concurrence therein; and that they may be printed and published, with a Declaration through the Kingdom; and Public Thanks to be given in all Churches in London and Westm. and the Suburbs and Liberties thereof, the next Sabbath-day, by the Ministers, for the good Success of the Parliament Forces in the North, against the Popish Army.

Ordered, That the Printing of the King's Letter shall be respited.

Lord Fairfax's Letter to be printed.

Ordered, That the Letter of the Lord Fairefax shall be printed, with so much of the Declaration as concerns it; and that as concerns the Queen to be respited.

Recusants Names commissioned by the Earl of Newcastle.

The Names of Recusants to whom the Earl of Newcastle hath granted Commissions to raise Forces, was read. (Here enter it.) And to be printed.

Message to the H. C. for a further Conference on the Subject of the last.

A Message was sent to the House of Commons, by Dr. Bennett and Dr. Heath:

To desire a present Conference, concerning the Matter of the last Conference.

Georgius Kirke, de Westm. Armiger, recognovit se debere Domino Regi Tres Mille Libras, levari ex Terris, Tenementis, Bonis, et Catallis suis, ad usum Domini Regis.

The Condition of the abovesaid Recognizance: That, if the said George Kirke shall keep Sir Charles Berkley Knight, impeached before the Lords in Parliament of High Treason, by the House of Commons, as his true Prisoner, in Mrs. Peacoke's House, near Charing-Crosse, Westm. and shall not permit him to go abroad to any Place, upon any Occasion whatsoever, without Leave of this House, but only to St. Martin's Church, and that in his Company, and to return Home with him again to the said Mrs. Peacock's House so soon as the Church is done, that then this Recognizance to be void; or else to remain in full Force and Virtue.

Sir C. Berkley removed to the Custody of Mr. Kirk.

Ordered, That Sir Charles Berckley, Knight, shall be removed from The Tower, and transmitted over to the Custody of Mr. George Kirke.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Declaration concerning Ld. Fairfax's Success in the North.

"Whereas many and servent Prayers have been sent up to God, for His Blessing to be poured down upon the Endeavours of the Parliament, in Maintenance of His own Cause and Religion, now openly assaulted by Papists; and because it is most just and necessary to observe the Return of these Prayers, that our Mouths and Hearts may be as much enlarged in Praises as they have been (fn. 4) in Prayers; the Lords and Commons have thought fit to publish some late good Successes, as so many Answers from Heaven, which God hath given to the Prayers of His Servants.

"And whereas sundry late Declarations have shewed to the World divers Informations and Proofs, concerning the raising of a Popish Army, with an Intention to subvert God's true Religion, professed and by Law established in this Kingdom, and to introduce Popish Idolatry and Superstition; that it may appear that what (fn. 5) was before an Intention is now Matter of Fact, and really put in Execution, a most certain and true Relation is here offered to Public Notice and Observation, wherein it may be seen that this Popish Army hath set up the open Practice of their abominable Idolatry in Yorke, the Second City of this Kingdom, and are grown to that Height of Insolency, that they terrify and drive away Protestant Ministers and People from frequenting their own Churches, and from the Practice of their own Religion, wherein they have given a Pattern and Pledge what they intend to do, and what must (fn. 4) be expected from them, through the whole Kingdom: The Consideration hereof (whereby the most precious Things in the World, God's Glory and true Worship, and the Salvation and Souls of Men, are brought into Danger) ought to excite and stir up (and we are confident it will) the strongest Endeavours and most united Conjunctions of all religious and well-affected Protestants and Patriots, to resist and suppress these common Enemies of God, Piety, their Country and Commonwealth; for now it plainly appears, that, however they pretend to defend the and the Laws, yet their main Intention is, to establish Popery in this Kingdom, and to extirpate the Protestant Religion, which cannot be done without Subversion of the Laws, as the Papists have almost effected in Ireland."

Ld. Fairfax's Letter.

"SIR,

"It is most necessary that I continue my Relation to you of the State and Condition of the Affairs in this Country, that they may be made known to both Houses, and Provision made for Succours to be sent us, which have hitherto come very slowly, though they have made large Expressions of their Care: We have been long destitute of Money to pay the Army; and, to supply that Want, I have used all possible Industry, by taking up Money upon Exchange, and by calling upon the Country to supply me for the present upon the Public Faith. The Want of Money doth so perplex that Part of the Army here, as I imagine the House will not expect any considerable Matter to be done by us; though, God be thanked, the Forces I send from hence, and are raised by the Country, with other Places, are daily acting something to advance the Public Service: As in the North Riding, where Sir Hugh Cholmley hath carried himself very bravely, giving several Defeats to the Enemy near Malton; and on Monday, the 16th of this Month, joining his Forces to Sir Mathew Baynton, they fell upon Colonel Slingsby, at Gisborough, where they defeated him, and Six Hundred Horse and Foot with him, that had done much Spoil in the North Ryding: They wounded and took Colonel Slingsby himself, with One Hundred and Forty other Prisoners, killed a great many, and recovered Two Hundred Arms, with Plate. Amongst the Prisoners taken by Sir Hugh Cholmley at Malton, and here at Gisborough, it is found that a great Number are Papists; and indeed the Strength of the Enemies will be found to consist much of Papists and Popishly affected, the Earl of Newcastle granting his Commissions for raising Men to Papists for the most Part. I have heard of late of Commissions granted to Twelve Recusants of these Parts, whose Names I send inclosed; and it is to be doubted he walks the same Ways in other Places as well as here; which Courses have so advanced Popery, as I hear that in Yorke, where many Recusants are settled, Mass is ordinarily said in every Street, and such Affronts offered to the Protestants, and their Ministry, as few dare (fn. 6) resort to Church; and in other Parts of the Country I am informed that, for many Miles together, the Religious Ministry are all either fled or imprisoned, which Persecutions, if they be not timely repressed, will extirpate or much depress the Protestant Religion in these Parts: About Bradford and Hallifax, God hath blessed my Son and those small Forces with good Success against the Enemy, in several light Skirmishes; and on Monday was Sevennight, he seized on the Lord Savill's House at Howley, and put about One Hundred Musketeers into it; and on Tuesday I sent Sir Wm. Fairfax and his Officers, with some Arms, to raise his Regiment in those Parts; and for his Convoy, I sent what Horse and Dragooners I could spare from hence, directing them to stay with my Son, to assist him in his Design against Leeds; and Yesternight I received Letters from him, wherein he relates to me, That on Monday last he drew his Forces out of Bradford, and marched to Leeds, where Sir Wm. Savill commanded in Chief: My Son first summoned them by a Trumpet to yield; which being refused, the Assault began, wherein his Men carried themselves with great Resolution, the Town being fortified on all Sides, furnished with Two Brass Sakers, and manned with Fifteen Hundred Soldiers; yet they forced an Entry in Two Hours Fight, there being not lost on both Sides above Forty Men, but he took Four Colours, Five Hundred Prisoners (of which Six are Commanders); and with the Prisoners they took many Arms, the Sakers, and all the Munition they had, which was not much. On our Part, we lost Thirteen Men, and Captain Briggs and Captain Lee both sore wounded; and I perceive that, in this Exploit, Sir Wm. Fairfax, Sir Tho. Norcliff, and Serjeant Major Forbes, with the rest of the Commanders, carried themselves very gallantly. The People do observe that Sir Wm. Savill and the Chief Commanders on the other Side, soon after the Fight, began to fly, by secret Ways, towards Pomfrett, and their Men after them by Degrees; but, by the Way, Serjeant Major Beaumont was drowned, crossing the River, and Sir Wm. Savill very narrowly escaped the like Fate: After Leeds was thus won, my Son writes that he intended to have marched to Wakefeild, where Sir George Wentworth commanded, but was prevented therein by the Enemy's Fears, who, hearing he had taken Leedes, fled all away from Wakefeild to Pontefratt, and left the Town; so he hath sent some Forces to invest and keep that Place: Thus hath God blessed their Endeavours on that Side; and now I am told that Captain Hotham and Sir John Savill are gone up Yesterday with some Forces into those Parts, but upon what Design I know not Yesterday Morning I had some Intelligence that the most Part of the Forces were marched the Day before out of Doncaster; so I have sent my Serjeant Major General, with Six Companies of Foot, to invest that Place, and to leave some Forces to keep it, until more Strength come to us out of the Southern Counties; which, if they could be hastened hither, might very much advance the Cause, and crush these Popish Forces before they be supplied by the Queen's coming, or their Party in Scotland, of which there is some Expectation. I desire you would make known to the House the great Extremities that are put upon me; and that a certain Course may be settled for supplying us with Money, for the Entertainment of the Army, in such Season as our Men may be encouraged in the Service, and not fall into a Way of plundering for Want of Pay. My Son, upon the Taking of Leeds, though he entered it by Force, yet he restrained his Army from pillaging; so I have ordered that the Malignants, in Lieu of the Spoil challenged to be due unto the Soldiers, shall give them a Month's Entertainment, which I hope will content both Parties. Yesternight Intelligence was brought to me, that the Earl of Newc. hath drawn down all his Forces from the South Parts of Yorkshire, those only excepted that keep the Castle at Pontefrat; for Yesterday he marched from Sherborne to Yorke, with Thirty-six Colours, Two Pieces of Cannon, and Forty-three other Carriages; the certain Cause I do not yet know, but suppose it is to meet the Arms and Ammunition coming from Newcastle, or to prepare for the Queen's Entertainment at Yorke, which is much spoken of. I shall carry a vigilant Eye upon his Designs, and endeavour to prevent them, so far as can be expected from the Forces under the Command of,

"SIR,

"Your most affectionate Friend and Servant,

Selby, the 26th Jan. 1642.

"Fer. Fairfax.

"I have sent unto Mr. White, to be shewed unto you, Three Papers found with Colonel Slingsby, when he was taken at Gisborough, by Sir Hugh Cholmley; which may peradventure be thought necessary to be made known to the House, if Sir Hugh have not already presented the Transcript to you."

Recusants Names, who have received Commissioners from the Earl of Newcastle.

The Names of Recusants in these Parts, to whom the Earl of Newcastle hath granted Commissions to raise Forces:

Mr. Rob't Trappes.
Mr. Stevenson of Thorneton.
Sir John Middleton.
Sir Walter Vavasor.
Mr. Audes.
Mr. Tyndall.
Mr. Bretton.
Sir Phillip Hungate.
Mr. Watterson.
Mr. Thwenge.
Captain Sare.
Captain Granger.

Besides, those formerly printed by Order of this House, and many more are omitted.

Ordinance for a Loan for Ireland.

"Whereas the gasping Condition of the Protestants in Ireland is too manifest, their Estates devoured, their Lives daily sacrificed, not only to the Malice of their and our bloody Enemies, the Popish Rebels, but likewise to the more unavoidable Executioners, Starving, Cold, and Hunger; their Sorrows hardly to be equaled, nor their utter Destruction possible to be prevented, but by the great and undeserved Mercy of God, upon some speedy Supply of their grievous Necessities: In a deep Sense and Compassion of their sad Estates, and not so much doubting the Charity of all good Protestants here (which hath been so fully manifested before), as to use many Arguments to invite them to a liberal Contribution and Loan for the present Relief of those of our own Blood and Profession, and to hinder the Rebels from being Sharers in the Execution of those Devilish Plots, which they and their Adherents in England have devised, and too far effected amongst us (who can expect no Safety here, if that Kingdom be not preserved unto us, that (fn. 7) hath so near a Relation and Dependance upon this): And for the more speedy Raising, Collecting, and Disposing of such Supplies, as God shall incline the Hearts of the People to afford their Brethren in Ireland, which can be no otherwise procured at this Time, by reason of the unhappy Distempers here, the Lords and Commons in Parliament do hereby Order and Declare, That all and every of His Majesty's well-affected Subjects of any His Kingdoms and Dominions, and any Person and Persons of the Dutch Nation under the Government of The States Generall of the United Provinces, that at any Time hereafter shall bring in and disburse any Sum or Sums of Money, to be employed and laid out for the Maintenance of the Army in Ireland against the Rebels, or that shall bring in and deliver any Victual, Arms, Ammunition, Goods, Wares, or Commodities, fit and necessary for the better Supply of the said Army, to be received and indifferently appraised and valued by such Person and Persons as shall be appointed for that Purpose by the Committee for the Irish Affairs made 3 Septembris, 1642, or any Eight of (fn. 8) those intrusted with this Service, and that are hereafter named, that all and every such Person and Persons shall have the Public Faith of the Parliament; and both Houses of Parliament do hereby engage the Public Faith of the Kingdom, to satisfy and content, and that such Persons shall be satisfied and contented, for the same, either out of the Rebels Lands in Ireland forfeited, or that shall be forfeited and confiscate, when it shall please God that Kingdom shall be reduced, in Proportions answerable and according to the several Sum and Sums of Money, in Manner and Form aforesaid to be brought in, and in all Respects and Things to their best Advantage and Contentment, as the Adventurers for Lands in Ireland, according to the former Propositions, and several Acts of Parliament, or any of them, therefor made and enacted this present Session, shall have their Lands set out unto them, or otherwise at their Election shall be re-satisfied their Monies, and the Value of their Goods with Interest for the same, after the Rates of Eight Pounds per Cent. for so long Time as it shall be forborne to be paid, out of the common Treasure of this Kingdom; and for the better ordering and managing of this Affair, and to the End that such Monies, Victuals, Arms, Ammunition, Goods, Wares, and Commodities, thus to be brought in, may only be employed for the Maintenance of the said Army, and not otherwise, the Lords and Commons do hereby nominate, authorize, and appoint, Sir Paule Pinder, Mr. John Kendrick, Mr. William Pennoyer, Mr. Maurice Tompson, and Mr. Michaell Casteele, Mr. Benjamin Goodwin, to be Treasurers, and to have the receiving of the said Money, Victuals, Arms, Ammunition, Goods, Wares, and Commodities, and to nominate, appoint, and employ, all such Persons under them, for the Purposes aforesaid, as they shall think fit; and the said Money, Victuals, Arms, Ammunition, Goods, Wares, and Commodities, to pay and deliver out, for the Maintenance of the said Army in Ireland, and for no other Cause whatsoever, in such Manner as the said Committee, or any Eight of them, shall from Time to Time order and appoint; and the Persons to be employed under the Treasurers beforenamed to be rewarded for their Service, in such Manner and Proportion as the said Committee, or any Eight of them, shall from Time to Time order and appoint; and the Receipts and Payments of Monies, coming in and issuing out by virtue of this Ordinance, shall be kept at Guildhall, London, by the said Treasurers and others by them appointed; and an Acquittance under the Hands of any Two or more of the said Treasurers shall be a sufficient Discharge to any Person paying any Sum or Sums of Money to them by virtue of this Ordinance: And, for the more speedy and better Effect of this Ordinance, the Lords and Commons in Parliament have commanded that the same be put in Print, and be published and dispersed in every Parish in England and Wales, [as (fn. 9) well] within Liberties as without; and the Parsons, Vicars, or Curates, of the said Parishes respectively, are hereby required to read the Ordinance, in the several Parish Churches and Chapels, upon the next Lord's-day after the same shall be delivered unto them, and to exhort the People to a free and liberal Contribution to so necessary and Godly a Work as this is; and the Churchwardens, or Overseers for the Poor where there are no Church-wardens, of the said Parish respectively, are hereby authorized and required, after the Reading of this Ordinance as aforesaid, to go from House to House, to every of the Inhabitants of the said Parishes respectively, and as well to collect and gather the free and charitable Benevolence of all the Inhabitants thereof, from the best to the meaner Sort of People, that shall be willing to contribute any Thing herein, as all and every other Sum and Sums of Money, as also Victual, Arms, Ammunition, Goods, Wares, or Commodities, that any the said Parishioners respectively shall be willing to lend and disburse, to be re-satisfied for the same as is herein before expressed: And the said Church-wardens and Overseers for the Poor shall cause to be written down, in a Schedule thereof indented, as well the Name and Names of the several Givers as of the Lenders, with the several Sum and Sums of Monies which shall be by every of them lent or given; and the said Churchwardens and Overseers of the Poor, having subscribed their Names at the Foot of One Part of the said Schedule indented, shall deliver that Part, together with all such Sum and Sums of Money, Victual, Arms, Ammunition, Goods, Wares, and Commodities, as shall be given or lent, in the said respective Parishes, unto such Person or Persons as shall be therefor employed and intrusted by Order of the said Committee, or any Eight of them; and the said Persons so intrusted shall, upon Receipt thereof from the said Church-wardens and Overseers for the Poor, subscribe the other Part of the said Schedule, to remain with the said Churchwardens or Overseers for the Poor, and Parishioners; the producing whereof to the said Lords and Commons in Parliament, or to such Person or Persons as they shall appoint for the same, being well attested, at the Time of the Subscription, under the Hand-writing of the Parson, Vicar, or Curate, and Four or more of the principal Inhabitants of the said Parishes respectively; and, all and every Time and Times then afterwards, shall be an authentic and sufficient Ground for all and every such Person and Persons, their Executors, Administrators, or Assigns, that shall lend any Sum or Sums of Money, or other Goods abovementioned, to be employed as aforesaid, to have, demand, and receive the same back again, or such Content and Satisfaction to be therefore made and given unto them, as the said Lords and Commons have herein before declared and undertaken; and the said Persons, so intrusted for receiving of the said Money, Victual, Arms, Ammunition, Goods, Wares, or Commodities, in the said several Parishes, shall, with all convenient Speed after the Receipt thereof, return the same unto the said Treasurers herein beforenamed, at The Guildhall, London; and the said Committee are hereby directed to appoint a Register and Entries to be made of all and every the said Schedules, Sums of Money, and Premises, to be thus received, whereby the Persons lending the same may be the more justly satisfied; and to remain upon Record, as an Act of great Bounty and Piety, and much conducing to the Safety of all His Majesty's Dominions."

Propositions from both Houses to the King, for accommodating Differences.

"We, Your Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament assembled, having in our Thoughts the Glory of God, Your Majesty's Honour, the Prosperity of Your People, being most grievously afflicted with the pressing Miseries and Calamities which have overwhelmed Your Two Kingdoms of England and Ireland, since Your Majesty hath, by the Persuasion of evil Counsels, withdrawn Yourself from the Parliament, raised an Army against it, and, by Force thereof, protected Delinquents from the Justice of it; constraining us to take Arms for the Defence of our Religion, Laws, Liberties, Privileges of Parliament, and for the Sitting of the Parliament in Safety; which Fears and Dangers are continued and increased, by the raising, drawing together, and arming, of great Numbers of Papists, under the Command of the Earl of Newcastle; likewise by making the Lord Herbert of Ragland and other known Papists Commanders of great Forces, whereby many grievous Oppressions, Rapines, and Cruelties, have been and are daily exercised upon the Persons and Estates of Your People; much innocent Blood hath been spilt, and the Papists have attained Means of attempting, with Hopes of effecting, their mischievous Design, of rooting out the Reformed Religion, and destroying the Professors thereof.

"In the tender Sense and Compassion of these Evils under which Your People and Kingdom lie (according to the Duty which we owe to God, Your Majesty, and the Kingdom for which we are trusted) do most earnestly desire that an End may be put to these great Distempers and Distractions, for the Prevention of that Desolation which doth threaten all Your Majesty's Dominions; and, as we have rendered, and still are ready to render, to Your Majesty, that Subjection, Obedience, and Service, which we owe unto You; so we most humbly beseech Your Majesty to remove the Causes of this War, and to vouchsafe us that Peace and Protection, which we and our Ancestors have formerly enjoyed under Your Majesty and Your Royal Predecessors, and graciously to accept and grant these our most humble Desires and Propositions:

"1. That Your Majesty will be pleased to disband Your Armies, as we likewise shall be ready to disband all those Forces which we have raised; and that You will be pleased to return to Your Parliament.

"2. That You will leave Delinquents to a legal Trial and Judgement of Parliament.

"3. That the Papists may not only be disbanded, but disarmed according to Law.

"4. That Your Majesty will be pleased to give Your Royal Assent unto the Bill for taking away superstitious Innovations; to the Bill for the utter Abolishing and Taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans, Sub-deans, Deans and Chapters, Archdeacons, Canons, and Prebendaries, and all Chaunters, Chancellors, Treasurers, Sub-treasurers, Succentors, and Sacrists, and all Vicars Choral and Choristers, old Vicars, and new Vicars, of any Cathedral or Collegiate Church, and all other their Under-officers, out of the Church of England; to the Bill against scandalous Ministers; to the Bill against Pluralities; and to the Bill for Consultation to be had with Godly, Religious, and Learned Divines: That Your Majesty will be pleased to promise to pass such other good Bills, for the Settling of Church Government, as, upon the Consultation with the Assembly of the said Divines, shall be resolved on by both Houses of Parliament, and by them be presented to Your Majesty.

"5. That Your Majesty having expressed, in Your Answer to the Nineteen Propositions of both Houses of Parliament, hearty Affection and Intention for the rooting out of Popery out of this Kingdom; and that, if both the Houses of Parliament can yet find a more effectual Course to disable Jesuits, Priests, and Popish Recusants, from disturbing the State, or (fn. 10) eluding the Laws, that You would willingly give Your Consent unto it; that You would be graciously pleased, for the better Discovery and speedier Conviction of Recusants, that an Oath may be established by Act of Parliament, to be administered in such Manner as by both Houses shall be agreed on, wherein they shall abjure and renounce the Pope's Supremacy, the Doctrine of Transubstantiation, Purgatory, Worshiping of the Consecrated Host, Crucifix, and Images; and the refusing of the said Oath, being tendered in such Manner as shall be appointed by Act of Parliament, shall be a sufficient Conviction in Law of Recusancy.

"That, for the more effectual Execution of the Laws against Popish Recusants, Your Majesty would be pleased to consent to a Bill for the true levying of the Penalties against them; and that the same Penalties may be levied and disposed of in such Manner as both Houses of Parliament shall agree on, so as Your Majesty be at no Loss; and likewise to a Bill whereby the Practice of Papists against the State may be prevented and the Laws against them duly executed.

"6. That the Earl of Bristoll may be removed from Your Majesty's Counsels; and that both he and the Lord Herbert, Eldest Son of the Earl of Worcester, may likewise be restrained from coming within the Verge of the Court; and that they may not bear any Office, or have any Employments, concerning the State or Commonwealth.

"7. That Your Majesty will be graciously pleased, by Act of Parliament, to settle the Militia both by Sea and Land, and for the Forts and Ports of the Kingdom, in such a Manner as shall be agreed on by both Houses.

"8. That Your Majesty will be pleased, by Your Letters Patents, to make Sir John Brampston Chief Justice of Your Court of King's Bench; William Lenthall Esquire, the now Speaker of the Commons House, Master of the Rolls; and to continue the Lord Chief Justice Banks Chief Justice of the Court of Common Pleas; and likewise to make Mr. Serjeant Wylde Chief Baron of Your Court of Exchequer; and that Mr. Justice Bacon may be continued, and Mr. Serjeant Rolls and Mr. Serjeant Atkins made Justices of the King's Bench; that Mr. Justice Reeves and Mr. Justice Foster may be continued, and Mr. Serjeant Phesant made One of the Justices of Your Court of Common Pleas; that Mr. Serjeant Creswell, Mr. Samuell Browne, and Mr. John Puleston, may be Barons of the Exchequer; and that all these, and all the Judges of the same Courts for the Time to come, may hold their Places by Letters Patents under the Great Seal, quamdiu se bene gesserint; and that the several Persons not beforenamed that do hold any of these Places beforementioned may be removed.

"9. That all such Persons as have been put out of the Commissions of Peace, and of Oyer and Terminer, or from being Custodes Rotulorum, since the First Day of April, 1642 (other than such as were put out by the Desire of both or either of the Houses of Parliament), may again be put into those Commissions and Offices; and that such Persons may be put out of those Commissions and Offices as shall be excepted against by both Houses of Parliament.

"10. That Your Majesty will be pleased to pass the Bill now presented to Your Majesty, to vindicate and secure the Privileges of Parliament from the ill Consequence of the late Precedent, in the Charge and Proceedings against the Lord Kymbolton, now Earl of Manchester, and the Five Members of the House of Commons.

"11. That Your Majesty's Royal Assent may be given unto such Acts as shall be advised by both Houses of Parliament, for the satisfying and paying the Debts and Damages wherein the Two Houses of Parliament have engaged the Public Faith of the Kingdom.

"12. That Your Majesty will be pleased, according to a Gracious Answer heretofore received from You, to enter into a more strict Alliance with The States of the United Provinces, and other Neighbour Princes and States of the Protestant Religion, for the Defence and Maintenance thereof against all Designs and Attempts of the Popish and Jesuitical Faction to subvert and suppress it, whereby Your Subjects may hope to be free from the Mischiefs which this Kingdom hath endured through the Power which some of that Party have had in Your Counsel, and will be much encouraged, in a Parliamentary Way, for Your Aid and Assistance, in restoring Your Royal Sister and the Prince Elector to those Dignities and Dominions which belong unto them, and the relieving the other distressed Protestant Princes, who have suffered in the same Cause.

"13. That, in the General Pardon which Your Majesty hath been pleased to offer to Your Subjects, all Offences and Misdemeanors committed before the Tenth of January, One Thousand Six Hundred and Forty-one, which have been, or shall be, questioned or proceeded against in Parliament, upon Complaint in the House of Commons before the Tenth of January, 1643, shall be excepted; which Offences or Misdemeanors shall nevertheless be taken and adjudged to be fully discharged against all other inferior Courts; that likewise there shall be an Exception of all Offences committed by any Person or Persons, which hath or have had any Hand or Practice in the Rebellion of Ireland, which hath or have given any Counsel, Assistance, or Encouragement, to the Rebels there, for the Maintenance of that Rebellion; as likewise an Exception of Wm. Earl of Newcastle, and George Lord Digby.

"14. That Your Majesty will be pleased to restore such Members of either House of Parliament to their several Places of Service and Employment, out of which they have been put since the Beginning of this Parliament, that they may receive Satisfaction and Reparation for those Places, and for the Profits which they have lost by such Removal, upon the Petition of both Houses of Parliament; and that all others may be restored to their Offices and Employments, who have been put out of the same upon any Displeasure conceived against them for any Assistance given to both Houses of Parliament, or obeying their Commands, or forbearing to leave their Attendance upon the Parliament without Licence, or for any other Occasion, arising from the unhappy Differences betwixt Your Majesty and both Houses of Parliament, upon the like Petition of both Houses.

"These Things being granted and performed, as it hath always been our hearty Prayer, so shall we be enabled to make it our hopeful Endeavour, that Your Majesty and Your People may enjoy the Blessings of Peace, Truth and Justice; the Royalty and Greatness of Your Throne may be supported by the loyal and bountiful Affections of Your People; their Liberties and Privileges maintained by Your Majesty's Protection and Justice; and this public Honour and Happiness of Your Majesty and all Your Dominions communicated to other Churches and States of Your Alliance, and derived to Your Royal Posterity, and the future Generations in this Kingdom for ever."

Adjourn.

House adjourned till 10a cras.

Footnotes

  • 1. Deest in Originali.
  • 2. Deest in Originali.
  • 3. Origin. she.
  • 4. Deest in Originali.
  • 5. Origin. as.
  • 6. Origin. not resort.
  • 7. Deest in Originali.
  • 8. Origin. them those.
  • 9. Deest in Originali.
  • 10. Origin. deluding.