Historical Collections of Private Passages of State: Volume 5, 1642-45. Originally published by D Browne, London, 1721.
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CHAP. XII. Containing the Civil Transaction, as Proclamations, Declarations, &c. of the Year 1643.
Cedant Arma Togæ. Having dispatch'd the Work of the Sword, let us next survey the Results of the Gown, during this distracted Year 1643, an Account whereof in order of Time be pleased to take as followeth.
1543, March 25.
An Order by the Commons for easing of Protestant Strangers in Assessments.
An Ordinance of the Lords and Commons for Repayment of 20000 l. to the Commissioners of the Customs, formerly lent by them for the Navy.
An Order of the Commons to forbid Tenants to pay Rents to Delinquents.
An Ordinance for raising of 450 l. Weekly in the County of Hertford, over and above their former Assessment, for the Fortification and Defence of the County.
An Ordinance of the Lords and Commons in Parliament, for sequestring notorious Delinquents Estates.
Ordinance for Sequestration, April 1. 1643.
The Lords and Commons assembled in Parliament taking into their serious Confederations the heavy Pressures and Calamities which now lie upon this Kingdom, by this unnatural War raised against the Parliament, and that notwithstanding all their faithful and incessant Endeavours for the preserving of his Majesty and the whole Kingdom from the mischievous and restless Designs of Papists and ill affected Persons (whose Aim is the Extirpation of our Religion, Laws and Liberties) yet their Counsels and Practices are still so prevalent with his Majesty, and the Hearts of many People so misled and beguiled by their false Pretences and Insinuations, that nothing can be expected but Ruin and Desolation, unless God in Mercy prevent it, and incline his Majesty's Heart to the faithful Advice of his great Council of Parliament, which has ever been, and is (under God) the chief Support of his Royal Dignity, and the Security of all we have or can enjoy. And for that it is most agreeable to common Justice, that the Estates of such notorious Delinquents, as have been the Causers or Instruments of the publick Calamities which have been hitherto employed, to the fomenting and nourishing of these miserable Distractions, should be converted and applied towards the Supportation of the great Charges of the Commonwealth, and for the easing of the good Subjects therein, who have hitherto born the greatest Shares in these Burthens.
Be it therefore enacted by the said Lords and Commons, that the Estates, as well real as personal of the several Bishops hereafter mentioned, and of all such Bishops, Deans, Deans and Chapters, Prebends, Archdeacons, and of all other Person or Persons Ecclesiastical or Temporal, as have raised or shall raise Arms against the Parliament, or have been, are, or shall be in actual War against the same, or have voluntarily contributed, or shall voluntarily contribute, not being under the power of any part of the King's Army, at the time of such Contributing, any Money, Horse, Plate, Arms, Munition, or other Aid or Assistance, for, or towards the maintenance of any Forces raised against the Parliament, or for the opposing of any Force or Power raised by Authority of Both Houses of Parliament; or for the Robbing, Spoiling, Plundering, or Destroying of any of the King's Subjects, who have willingly contributed or yielded Obedience to the Commands of Both Houses of Parliament; And of all such as have joyned, or shall join, in any Oath, or Act of Association against the Parliament, or have Imposed, or shall Impose any Tax or Assessment upon His Majesties Subjects, for or towards the Maintenance of any Forces against the Parliament or have, or shall use any Force or Power to Levy the same, shall be forthwith seized and sequestered into the hands of the Sequestrators and Committees hereafter in this ordinance named: And of such other Persons as shall at any other time hereafter be appointed and nominated by Both Houses of Parliament, for any County, City, or Place within the Realm of England or Dominion of Wales: Which said Sequestrators and Committees, or any Two or more of them, in each several County, City, or Place respectively, are hereby Authorized and Required by themselves, their Agents and Deputies, to take and seize into their hands and Custodies, as well all the Money Goods, Chattels, Debts, and Personal Estates; as also all and every the Manors, Lands, Tenements and Hereditaments, Rents, Arrearages of Rents, Revenues and Profits of all and every the said Delinquents, or Persons before specified; or which they, or any of them, or any other in trust for them or any of them, or to their, or any of their use or uses, have had, or shall have: And also Two parts of all the Money, Goods, Chattles, Debts, and Personal Estates: And Two parts of all and every the Manors, Lands, Tenements and Hereditaments, Rents, Arrearages of Rents, Revenues, and Profits of all and every Papist: or which any other Person has in Trust for any Papist, or to the use or uses of any Papists; and to Leo Set, and. Demise the same, or any part thereof, as the respective Landlord or Owner thereof, may, or might have done from Year to Year; and shall have Power to call before them, or any Two of them, all Stewards, Bailiffs, Rent-Gatherers, Auditors, or other Officers or Servants, as well of the said Arch-Bishops, Bishops, Deans, Deans and Chapters, Prebends, Arch-Deacons, as of all and every other of the said Delinquents or Persons before Specified; and to send for, or take any Books of Accompts, Rentals, Copies of Court Roll, or other Evidences, Writings, or Memorials touching the Premises, or any of them; and thereby, and by all other ways and means, which to the said Sequestrators, or any Two or more of them, shall seem meet and necessary, to inform themselves, as well of the said several Delinquents, and every of them, as of their several Estates and Possessions, Rents, Arrearages of Rents, Revenues and Profits, Goods and Chattels, Estates, Real and Personal, and the true Value thereof, and of all things concerning the same, or any part thereof, and to appoint any Officer or Officers, or other Persons or Persons under them, for the better expediting of this Service: Which said Persons are hereby Authorized and Enjoyned to Perform and Execute all and every the Commands of the said Sequestrators or Committees, or any Two or more of them respectively, in and concerning the Premises; and shall have such Allowances for their Pains and Charges in that behalf, as the said Sequestrators or Committees, or any Two or more of them shall think fit; and the said Sequestrators or Committees, or any Two or more of them shall respectively, their Agents and Deputies, within their several Limits, shall have Power, and are hereby Authorized and Required to enter into all and every such Manors, Messuages, Lands, Tenements, and Hereditaments of all and every the said Delinquents or Persons before specified, and to receive such Rents, Arrearages of Rents, Heriots, Issues, Profits, Sums of Money, Debts, and other Duties, as aforesaid to them, or any of them, due or payable by their, or any of their several and respective Tenants, or other Person or Persons: Which said Tenants other Persons are hereby required to pay the same to the said Sequestrators or Committees, or any Two or more of them accordingly, and not to, or the use of the said Delinquents, or any of them; yet so, nevertheless, that in respect of the hardness of the Times, and the great Charges which otherwise lye upon the said Tenants and others, by occasion of this present War, every such Tenant which shall pay to said Sequestrators or Committees, or any Two of them as aforesaid, shall, upon their Obedience and Conformity to this Ordinance, be considered out of the said Rents, Revenues and Profits, and shall be discharged of his whole Rent against his Landlord, or any other to whom the same is due, being such Delinquents as aforesaid; and as well they the said Tenants, as every other-Person or Persons, which shall pay any Rent, Sum of Money, or other thing, according to this Ordinance, shall be Protected and saved harmless from any Forfeiture, Penalty, or Damage which he or they may incur by not Payment of his or their said Rent, Sum of Money, or other thing, according to his or their Lease, Copy, or other Agreement by the Power and Authority of Both Houses of Parliament.
And if any such Tenant or Tenants shall refuse to pay his or their Rent or Rents to the said Sequestrators or Committees, their Agents or Deputies, according to this Ordinance, at such times and places as the same shall become due and payable, the said Sequestrators, or any Two or more of them by themselves, their Agents or Deputies shall have Power to distrain for the same, and to take all other Advantages for Nonpayment thereof, as the Landlord might have done.
And the said Sequestrators, or any Two or more of them, shall have Power to Sue for, and recover any Debt, Sum of Money, or other Duty owing to the said Delinquents, or Persons before Specified, or any of them: As also to give Discharges and Aquittances for any Rent, Sum of Money, Debts, Duty, or other thing which they shall receive out of the Estates of the said Delinquents, or any of them; and shall be accountable from time to time for the same, and for all such other things as shall be had or taken by them, their Agents or Deputies; and for all their Receipts and Payments, and other Acts for, or in respect of the Premises to Both Houses of Parliament, or to such as they shall appoint; and shall pay in all such Sums of Money as they, or any of them shall receive out of the said Estates, unto the Treasurers at Guild-Hall, London, and shall keep Books of Accompts; and shall be, from time to time subject to the further Orders and Directions of Both House of Parliament, for allowance to the said Delinquents, or otherwise as cause shall require, of all their Receipts and Payments: And the said Sequestrators or Committees, or any Two or more of them, their Agents and Deputies, shall have Power to call to their Aid and Assistance the Trained-Bands, Voluntiers, or other Forces of, or within their several Counties, Cities, or Places respectively, or any other Person or Persons dwelling in or near the place, to compel Obedience to this Ordinance, where any resistance shall be made, or as often as need shall require: And shall have Power to punish such Person or Persons as they shall find refractory, negligent, or faulty in the said Service, by Fine and Imprisonment; such Fine not exceeding the Sum of Twenty Pounds; or to Certifie their Names in the Committee of Lords and Commons, appointed for this Service, who shall have Power to send for them, and to commit them to such Prisons and Places, and for so long time as they shall think fit. And the said Trained-Bands, Voluntiers, and other Forces, their Commanders and Officers, and also the several Constables, Head-boroughs, and Officers and other Persons within their Limits, are hereby required and conjoyned to be Aiding and Assisting to the said Sequestrators, or any Two or more of them, as oft as they shall be thereunto required.
And it is further Declared and Ordained by the Lords and Commons, That all, and every of the said Sums, Rents, Revenues, and Profits, Estate Real and Personal, of all and every the said Delinquents or Persons before specified, shall be employed to the use, and for the Maintaining of the Army, and Forces raised by the Parliament, and such other uses as shall be directed by Both Houses of Parliament, for the benefit of the Common-wealth.
Lastly, It is Ordained, That all and every the said Sequestrators and Committees, shall have Allowances for the necessary Charges and Pains in and about the Premises, as they shall be allowed by Both Houses of Parliament: And that as well they, as all others who shall be employed in the said Service, or shall do any thing in Execution or Performance of this Ordinance, shall be therein Protected and saved Harmless, by the Power and Authority of Both the said Houses: and if any Person or Persons shall find him or themselves aggrieved with any Act done by the said Sequestrators, their Agents or Deputies, or any of them concerning the Premise; and shall not therein be relieved by the said Sequestrators, upon Complaint made to them, or any Two or more of them; then upon Information thereof given to Both Houses of Parliament, or to the said Committees of Lords and Commons before-mentioned, such further Order shall be taken therein as shall be agreeable to Justice. Provided, That where any former Ordinance hath been made by Both Houses of Parliament, for the seizing or Sequestring of the Estates of any of the Delinquents before specified, within any County, City, or Place, and accordingly Executed there, this present Ordinance shall not be put into Execution till further Orders be taken by Both Houses of Parliament. Provided, also, That all and every the said Estates of the said Delinquents shall be chargeable and lyable for their proportionable part of such other publick Charges or Duties to be see or allowed of Both Houses of Parliament, as they ought to Pay, if this Ordinance had not been made; and to all such other Charges, Duties, Payments or other Rights, which are or shall be Due or Payable, or of right belonging to any other Person or Persons out of the Premises, other than to such Delinquents as aforesaid; the same to be paid and disbursed by these Sequestrators, or any Two of them respectively.
Provided also, that where no Committees are named by this Ordinance in an City or Town which is a County of itself, there the Committees for the County at large next adjoyning, may execute this Ordinance within every such City or Town till other Committees shall be named and appointed for the same by Both Houses of Parliament. And that, where no Committees are herein named for any County, City or Place, such other Persons as shall hereafter be nominated by Both Houses, shall have the like Power to execute this Ordinance, within every such County, City, Place, as the Committees by this present Ordinance named have.
Provided also, And be it further Ordained, That all, and singular such Revenues Rents, Issues, Fees, Profits, Sums of Money, and Allowances whatsoever, as have heretofore been, and now ought to be paid, disposed unto, or for the Maintenance of any College or Hospital, whole Revenues, or any part thereof have not been employed for maintenance of the War against the Parliament, Grammar-School, or Scholars; or for or towards the Reparation of any Church, Chapel, High-ways, Cawse-way, Bridge, School-House, or other Charitable use, payable by any the Corporations, or Persons, whose Estates are to be Sequestred by this Ordinance, which are chargeable upon, or ought to issue out of, or to be paid for, or in respect of their Estates, Lands, or Possessions, or any of them, other than such Delinquents at aforesaid shall be, and continue to be paid, disposed, and allowed by the said Sequestrators or Two or more of them, as they were and have been hitherto, any thing in this Ordinance to the contrary in any wise notwithstanding.
Die Mercurii 5. Aprilis. 1643
Instructions by the Lords and Commons in Parliament, to Robert Earl of Warwick,
by them appointed to be Admiral and Commander in Chief of the Ships which are now, or hereafter shall be set forth to Sea, for the better enabling him to the Performance of that Service.
Orders and Instructions to the Lord Admiral, April 5 1643.
Whereas, by our Ordinance the Eighth of February, 1642. You are enabled to exercise Martial Power by Sea, as the Lord General doth by Land; the vigilant and due execution whereof will be the only effectual means to prevent the Mutinies and Disorders which the Mariners and Seamen under your Command may be subject unto, as late Experience has manifested: You are therefore hereby required and authorized with all diligence and Care to put the same Power in Execution, from time to time, as you shall find cause, according to the Custom of War in that behalf.
And whereas in this time of imminent danger, Supplies may be made from Foreign Parts, of Ships, Soldiers, Arms, Ammunition, &c. to be brought into this Kingdom, and imployed against the Parliament, or to be brought into the Kingdom of Ireland, for the Service of the Rebels there, against his Majesties good Subjects in hat Kingdom.
You are therefore hereby required, and fully Authorized, in case you meet with any Foreign Forces, Ships, or Vessels, as Spaniards, French, Danes, Dunkirkers, or any other whatsoever, making towards the Coasts of England, Ireland, or any other of His Majesties Dominions, that you shall, according to the usual manner, Command them to strike their Flags or Top-Sails, and shall cause them to be Examined and Searched, whether they have any Soldiers, Arms, Ammunition, or other Provisions for War in them, that are likely to be employed, to the prejudice of the Parliament and this Kingdom, or His Majesties good Subjects in the Kingdom of Ireland, and in case of refusal on their part, to such your Command, that you then compel them thereunto by force of Arms and Surprise, and take all such Ships and Vessels as shall so withstand and refuse you, or otherwise to Burn, Sink, and destroy them.
And you are hereby Authorized to grant the like Power unto all and every the Captains, Commanders, and Masters of Ships and Vessels under your Command, as you in your Discretion shall see cause.
And lastly, yon have hereby full Power and Authority in all Things, as shall tend to the good of this Service, and the better discharge of the great Trust committed unto you. And you, and all Commanders, Officers, Soldiers, and Mariners, Obeying our Command in this Service, for the Safety of the Parliament, this Kingdom, and the Kingdom of Ireland, and all other his Majesties Dominions, shall for your and their Indempnity be protected by the Authority of the said two Houses of Parliament.
By the King.
A Proclamation prohibiting the Assessing, Collecting, or Paying any Weekly Taxes,
and Seizing or Sequestring the Rents or Estates of Our good Subjects, by colour of any Orders, or pretended Ordinances of one or both Houses of Parliament.
King's Proclamation against paying Taxes, &c. to the Parliament, and against Sequestrations, Apr. 7. 1643.
Whereas divers Orders or pretended Ordinances have been contrived in the Name of one or both Houses of Parliament, for Taxing our Subjects, and Levying Moneys to support the Rebellion; all which, and all other ways of Imposing upon our People to what Intent or Purpose soever, without our Royal Assent, are clearly unlawful and unwarrantable, and so by several Proclamations or otherwise have been declared by us, and we do hereby Declare the same unto all our good Subjects: And in particular, by our Proclamation of the Eighth of March last, we did forbid (amongst other things) the Assessing, Collecting, and Paying the Weekly Tax imposed upon our good Subjects and their Estates by one of the said pretended Orders or Ordinances, which in Three Months exceeded the Sum of the great Subsidy of 400000 l. And nevertheless we are given to understand the same is forceably Levyed, and by colour thereof divers of our good Subjects Imprisoned and Distrained, and great Violence, Spoil, Rapine, and Plundering, committed upon them and their Estates, in divers Counties and Places of this our Kingdom. And that by another pretended Ordinance, the whole Estates, real and Personal, of divers of our Subjects, most of them not named, but described and distinguished by Marks of Loyalty, are Ordained to be seized and Sequestred for maintaining a War against us, and their Tenants discharged of their Rents, and protected against Forfeitures, Penalties, and Damage, with other Clauses, imported Power to dissolve Contracts, and make marr Laws at Pleasure, which we are informed is also endeavoured to be executed: All which (whatsoever is pretended) do tend apparently to the Destruction of us and our Posterity, (whole Lives have been attempted to be taken away) the Subversion of the Established Protestant Religion, the Laws of the Land, and the Liberties and Properties of our Subjects, and the utter Ruine of our whole Kingdoms. We do therefore strictly charge and command all our Loving Subjects whatsoever, not to submit to the said pretended Orders and Ordinances, or any of them, or to the Weekly Taxes imposed as aforesaid, or to any such Seizures or Sequestrators as aforesaid, nor presume to be assistant thereunto by Assessing, Taxing, Levying by Distress, or otherwise, or Collecting any such Weekly Taxes, or making any such Seizures or Sequestrations; or by Information, or producing Books of Accompts or Rentals, by any other ways or means giving any Intelligence of any such Estates, real or Personal, or Values thereof; but to their utmost Power to resist all such Acts of Injustice and Violence. And we do hereby command the Tenants and Debtors of all our Subjects, whose Estates are intended to be Seized and Sequestred, to pay their Rents and Debts to their Landlords and Creditors, notwithstanding such Seizure or Sequestration. And we do further Prohibit all Persons, as well Aliens as Denizons, That they presume not to intermeddle in the buying, receiving, disposing the Goods or Chattels of any of our Subjects that shall be seized, sequestred, distrained, or taken from them, by pretence of the said Orders or Ordinances for such Weekly Taxes, or such Seizures or Sequestrations as aforesaid, or otherwise plundred: All which do tend to the Aid and Assistance of a War against us, which by the known Laws of the Land are Acts of High-Treason. And we do declare and publish, That to adhere to our Enemies, giving them Aid and Comfort, is High-Treason nominally declared by the Statute of the 25th of Edward III, and that We intend to give Order for seizing the Estates of such as shall rebelliously disobey us herein, to the intent they may remain in safe Custody until the Offenders can be brought to Legal Tryal, which shall as speedily proceed as they shall be Apprehended and delivered into the hands of Justice. And we do hereby Will and Command the Tenants and Debtors of those who shall execute or be assisting to, or shall voluntarily submit to the said Orders or Ordinances for the said weekly Taxes, or such Seizures or Sequestrations as aforesaid, that they not only forbear to pay their Rents or Debts, but detain the same, towards the Maintenance of the Peace of the Counties, and Reparation of such as have suffered by the Violence of the Army in Rebellion against us, such Course being already taken against such as have according to their Allegiance assisted us. And as we have declared, that whosoever should lose his Life in this our Defence, the Wardship of his Heir should be granted by us without Rent or Fine, so on the other side we do publish and declare, that whosoever shall execute or be assisting to, or voluntarily shall submit to the said Orders or Ordinances; shall receive no Benefit by our Instructions of Grace, but we will be fully answered to the utmost what shall be due to us by Law, and dispose of such Wardships as shall seem best to us; willing and commanding all Sheriffs, Mayors, Bailiffs, Justices of the Peace, Constables, and other our Officers and loving Subjects whatsoever, upon their Allegiance, and the several Pains that by the Law may be inflicted upon them, not only to obey and observe carefully these our Commands, but to be aiding and assisting to the utmost of their Power to all such Persons as shall require their Assistance or Protection in this behalf, and to resist and repel by Force of Arms all such as shall oppose this our legal Command. And our Will and Command is, that this our Proclamation be read in all Churches and Chapels in this our Kingdom.
Given at our Court at Oxford the 7th Day of April, in the 19th Year of our Reign.
GOD save the KING.
Die Lunæ, 10 Aprilis, 1643.
An Order of the Commons assembled in Parliament, to prevent Spies and Intelligencers.
Ordinance against Spies April 10. 1643.
It is this day order'd by the Commons assembled in Parliament, that whatsoever Persons shall come from Oxford, or any pan of the King's Army, to London, or the Parts adjacent, or to any part of the Army under the Command of the Earl of Essex, or to any Fort or Court of Guard kept by the Authority of both Houses of Parliament, without the Warrant of both Houses of Parliament, or of the Lord General the Earl of Essex, shall be apprehended as Spies and Intelligencers, and be proceded against according to the Rules and Grounds of War. And it is further order'd, that the like care be taken by Water for the apprehending of the Persons aforesaid. And all Captains of Guards and Officers, and all other Persons, are required to be very diligent in apprehending the said Persons. And it is further ordered, that this Order be printed and published, and sent to the several Courts of Guard, both by Water and Land.
Hen. Elsynge, Cler. Parl. D. Com.
An Ordinance for raising Forces in, and for the Defence of the County of Warwick, the City and County of Coventry, the County of Stafford, the City and County of Litchfield, and the County of Salop.
Ordered by the Lords and Commons assembled in Parliament, that whatsoever Monies are in Arrear upon the Act of Loan and Contribution for the Relief of Ireland, passed this Parliament, as the same shall be brought to the Treasurer's Hands, be disposed by the Committee for the Affairs of Ireland, and by their Direction.
By the King.
His Majesty's gracious Offer of Pardon to the Rebels now in Arms against him under the Command of the Earl of Essex.
The King's Offer of Pardon, April 19.
Where as an actual and open Rebellion is raised, and several Armies marching against in under the Command and Conduct of Robert Earl of Essex, and other Persons under his Commissions and Authority, who falsly pretend that what they do is by virtue of our Authority, and for our Service, and so seduce many of our weak Subjects from their Duty and Allegiance into this horrid and odious Rebellion against us; we do therefore once more declare the said Robert Earl of Essex, and all such who by any Commission under him have levied or do command any Soldiers, to be guilty of High-Treason, and that this Rebellion is raised to take away our Life from us, to destroy our Posterity, to change the blessed Protestant Religion, establish'd by the Laws of the Land, to suppress the Law of the Kingdom, to take away the Liberty of the Subject, and to subject both to an unlimited arbitrary Power; and we do therefore will and command all our loving Subjects, upon their Allegiance, and their Oaths of Allegiance and Supremacy, that they apprehend the said Earl of Essex, and all such who by virtue of any Commission under him have levied or do now command any Soldiers in any Places of this Kingdom, as guilty of High-Treason.
And whereas we understand that at this time the said Robert Earl of Essex, and same other Commanders, who have equal or independent Authority from him, do traiterously lay Siege to and intend to assault our Town of Reading, we, considering that the most part of those Commanders and Soldiers are seduced by the specious Pretexts abovesaid, have out of our Princely Grace and Clemency thought fit, and do hereby declare, that we are pleased to grant our free and general Pardon, as well to all Captains and inferior Officers (not formerly excepted in any of our Declarations or Proclamations) as to all common Soldiers now before our Town of Reading, or elsewhere, as to Persons seduced by the Cunning and Falshood of the Authors of the present Rebellion, if such Captains, inferior Officers and Soldiers shall disband within 6 Days after the publishing of this our Proclamation, so as they commit no hostile Act in the mean while. And we do farther declare, that such Officers as aforesaid as shall return to their due Obedience to us, and render themselves to the Lieutenant-Generaly or other principal Officer of our Army, or to the Governour of that our Town of Reading, and be willing to serve us, shall be entertained in our Army, or if they be not willing to serve, shall have our Pardon and free Pass, provided they take an Oath never to take up Arms against us; and that such common Soldiers as shall lay down their Arms according to this our Proclamation, shall receive our like gracious Pardon, and be entertained in our Service, if they shall be willing, or otherwise, taking the aforesaid Oath, have five Shillings in Money given them, and a Pass to carry them to their Dwellings; but in case this our gracious Mercy to them produce not those good Effects we hope for, such Extremity of Punishment they are to expect as the highness of so treasonable an Act in its own nature deserves.
Given at our Court at Oxford the 18th Day of April, in the nineteenth Year of our Reign.
GOD save the KING.
A Proclamation to prevent Plundering,
By Robert Earl of Essex, &c. Captain-General of the Army raised and employed for the Defence of the Protestant Religion, King, Parliament and Kingdom.
Whereas I am inform'd that several Insolences and Outrages have been of late committed by some Troopers and other Soldiers belonging to this Army, without the Approbation or Allowance of myself, or the Officers of the Army, to the great Prejudice of many the Inhabitants of this County of Berks, and Counties adjacent, I do hereby publish and declare, that if any Officer or Soldier, Horse or Foot, belonging to this Army, shall (after Proclamation hereof made by the Provost-Marshal-General of the Army) upon any Pretence whatsoever seize, take, imbezel, or purloin any the Horses, Mares Oxen, Cows, Calves, Sheep, or any other the Goods of any the Inhabitants of this County, or other the adjacent Counties, either Papist or Malignant, or other ill affected Person whatsoever, without special and particular Warrant from myself, that every such Person so offending shall undergo and suffer such Punishment by Death or otherwise, as the nature of the Offence shall require: But in case any the said Officers or Soldiers shall seize or take any the Horses or Goods of any Person or Persons whatsoever coming or sending Supply of Necessaries for the Army, that such Person or Persons so offending shall suffer Death without Mercy. And if any Officer or Soldier of this Army shall by virtue of any Warrant seize or take away the Horses or Goods of any Person or Persons whatsoever, and shall not within two Days next after the seizing of them repair to my Quarter, to certify to me in Writing whose Horses and Goods have been so seized, and by whose Warrant, that they may be brought hither to be disposed of by me, such Person or Persons so offending shall be deemed and accounted guilty of the Breach of this Proclamation, and shall be proceded against accordingly. And I do hereby further declare, that if any the Horses or Goods of any Person or Persons inhabiting within this County, or any other adjacent Counties, have been unjustly seized or taken from them or any of them, upon his or their just Complaint made unto me, I shall give present Order for the Restitution of them according to Justice. And lastly, I do will and require all and every the High-Constables of the several Divisions within the Counties of Berks, Southampton and Oxon, that they do forthwith, upon and after Proclamation hereof made, make out several Warrants to the petty Constables for the assessing and taxing of the several Parishes with such Quantities of Provision of all forts as they are stored with, and to make and return a Certificate within three Days of such Assessments, what several Quantities are assessed upon the said Parishes, with the Names of such Persons as shall refuse to provide and send Provisions to the Army, as aforesaid; which Certificate is to be delivered into the Hands of two or more of the Commissioners appointed to receive the same, that such further Order may be taken with the Persons so refusing at shall be thought fit. And I do hereby declare, that I expect that the several Inhabitants of the said several Counties should readily contribute their Assistance herein, which I doubt not but they will do with the more Chearfulness, it being for the Supply of this Army, which is raised for the Defence of the King, Parliament, and Kingdom, the Preservation of God's true Religion, and the just Rights and Liberties of the Subjects from Violence and Oppression. And I do hereby will and require all the Officers and Soldiers of this Army, and all others whom it may concern, to be obedient hereunto, as they and every of them will answer the contrary at their uttermost Peril. Given under my Hand and Seal at Arms this twenty-fourth Day of April, 1643.
It is his Excellency's Pleasure that this Proclamation be forthwith printed. Rob. Chambers, Secr.
By the King.
A Proclamation of his Majesty's gracious Resolution for the Relief of all such Soldiers as are or shall be maimed in his Majesty's Service.
His Majesty's Proclamation for relieving wounded Soldiers, May 2.
Whereas very many of our poor and loving Subjects, who out of their Loyalty and Affection have served us in our present Expedition against the Rebels, are and have been sore wounded and maimed in Fight, so that they are not for the present, and many of them not like to be able to relieve themselves by their Work, or longer to continue the duty of Soldiers in our Army, and yet we hold ourself engag'd in Honour, Justice and Charity to provide for their reasonable Subsistence, we do hereby declare that our Princely Resolution is, that every Officer and Soldier of our Army who is or shall be in this our Service so wounded or maimed, shall receive some Reward and Livelihood by Pension or otherwise, in such manner as may make the remainder of his Life less grievous to him; and that such of our common Soldiers and inferior Officers shall be received and admitted into such of our Hospitals or Alms houses as we have the disposing of, as fast as any Places shall become void in the said Hospitals or Alms-Houses. And to that purpose our Pleasure is, that our Secretaries of State and Masters of Requests prefer no Bills to us, to be signed for any Place in any of our said Hospitals or Alms-Houses, but on the behalf of some Soldier who hath been wounded or maimed in our Service against the Rebels, till such time as all such Soldiers are provided for; and that all Reversions granted by us of any such Places be suspended, and none be admitted by virtue of any Grant in Reversion, till such time as these poor People shall be provided for; for the better expediting whereof we do hereby require all the Colonels of our Army to present a List to one of our Secretaries of all the Soldiers Names in their several Regiments who have been so wounded or maimed in this our Service, as that they are unserviceable, with the Countries from whence they came, that Provision may be made for them accordingly. And we do hereby further declare our Will and Pleasure to be, that all Justices of Peace, Mayors, Bailiffs, Treasurers, Constables, Churchwardens, and others whom it shall concern, shall with all Diligence put in execution the Statute made in the 34th year of the late Queen Elisabeth touching the Relief of maimed Soldiers, and to make weekly Taxations, and collect and levy the Sums so taxed towards the Relief of sick, hurt, and maimed Soldiers, who have soft their Limbs or disabled their Bodies in our Service, and to grant and assign Annuities, Pensions, and other Relief to them, according to the Tenor of the said Act. Which, the Number of maimed and hurt Soldiers being the greater, in respect of our present just defensive Wars, we require them, upon the Penalties limited by the said Statute, and in pain of our high Displeasure, to do and execute in such manner as the said Soldiers may reap the Fruit of their good Deservings, and others be encouraged to the like Endeavours. And we straitly forbid and inhibit all Justices of Peace, Mayors, and other Officers, to grant or assign any such Annuities, Pensions, or other Relief, by virtue of the said Statute, to any Persons who have taken up rebellious Arms against us, and been hurt or maimed in that Service. And of this we shall require an especial Account, as of a Business we are much concerned in our Honour to have a singular Care of.
Given at our Court at Oxford this second Day of May, in the 19th year of our Reign.
An Order of Parliament for the burning of the Book for tolerating Sports upon the LORD's-Day.
Die Veneris May 5, 1643.
Ordinance for burning the Book of Sports by the Hangman, May 5, 1643.
It is this Day ordered by the Lords and Commons in Parliament, that the Book concerning the enjoining and tolerating of Sports upon the Lord's-Day, be forthwith burned by the Hand of the common Hangman in Cheapside, and other usual Places; and to this purpose the Sheriffs of London and Middlesex respectively are hereby required to be assistant to the effectual Execution of this Order, and see the said Books burnt accordingly; and all Persons who have any of the said Books in their Hands, are hereby required forthwith to deliver them to one of the Sheriffs of London, to be burnt according to this Order.
The Sheriffs of London and Middlesex have assigned Wednesday next, the 10th of this instant May, at 12 of the Clock, for the putting in Execution of the foresaid Ordinance, and therefore do require all Personi that have any of the Books therein mentioned to bring them in by that time, that they may be burned accordingly.
His Majesty's gracious Message of the 5th of this instant May to both Houses of Parliament,
occasioned by a Bill delivered to his Majesty from both Houses by Sir Robert King Knight, and William Jephson and Arthur Hill Esquires, entitled, An Act for the speedy Payment of Montes subscribed towards the reducing of the Rebels in Ireland, which yet remain unpaid.
The King's Message and Reasons for his not passing a Bill for inforcing the Payment of the Subscription-Money for Ireland, May 5, 1643.
HIS Majesty had with great Deliberation considered and weighed a Bill lately presented to him by Sir Robert King Knight, and William Jephson and Arthur Hill Esquires, from both Houses of Parliament, entitled, An Act for the speedy Payment of Monies subscribed towards the reducing of the Rebels in Ireland, which yet remain unpaid. And tho' in these miserable Time of Distraction, adhere there are Armies (presented to be levied by Order of both Houses) almost in every country of the Kingdom, and all the good old Laws (the observation whereof would preserve the publick Peace) violeted and suppressed, when the Treay hopefully begun towards and happy Peace is broken, and the committee recalled by both Houses, as if they intended no farther Oversure for laying down Arms, but to decide all Differences by the Sword, the World will easily judge whether has Majesty might not well deny to consent to any new Act of Parliament, the much major Part of both Houses being by Force and Violence driven and kept from those Counsels, and his Majesty himself not suffered to be present; yet such is his Compassion of Soul towards his poor Protestant Subjects of that his Kingdom of Ireland, that he would willingly entertain any Expedient whereby it might be evident the Condition of the Kingdom might be relieved, and the Distractions of this in no danger of being increased; and therefore his Majesty desires to be satisfied in these Particulars.
I. How the great and vast Sums of Money already raised by the several Act's of Parliament for the Relief of Ireland, and which by the Acts ought not to be employed to any other purpose than reducing the Rebels, until they shall be declared to be subdued, have been expended? His Majesty having been informed that no less than One hundred-thousand Pounds of that Money was by one Order of one or both Houses issued for a Maintenance of the Army, which bath given him Battel, under the Command of the Earl of Essex.
II. How his Majesty that be secured, that the Money which by his Majesty's Consent shall be raised for the Support of his Army in Ireland, shall not the justured be divered from that Use, and employed against him in this Kingdoms?
III. Whether it be just to compel his good Subjects who have subscribed to pay those Subscriptions, when as at the time they did subscribe they conceived themselves absolved from their Undertaking, if at any time they were content to forfeit the Sum mentioned in that Act? for his Majesty doth not conceive that by that As they are liable to pay the whole subscriptions, but to submit to the Penalty ejoined; and then his Majesty is not satisfied that by a new Law it can be just to compel them to what at the sir they underwork voluntarily, and it may be would not have undertaken but upon the Liberty they conceived to be then left them?
IV. Whether the Power given by this new Bill to Warner, Towse and Andrews, (Persons of whose Integrity and Affections to the Publick Peace his Majesty is in no degree satisfied) be not too great? Any Certificate of theirs being Ground enough to extended the Estate of any Subject in England, where he ever under-writ or no?
V. Whether all Lands extended by virtue of this Acts, being to continue in extent till all Forfeitures be satisfied, it may not be very prejudicial to Creditors, to whom those Lands are liable, and so the common justice may be disturbed?
VI. Whether by this Act the Extents being not to be avoided or delayed for Omission of any Lands, the same may not be prejudicial to all Purchasers? And whether it be not against the known Course of the Law?
His Majesty desires to receive Satisfaction from both Houses of Parliament in these Particulars with all possible Expendition, and then he shall give all the World an account how sensible he is of the Misery of Ireland, and how aesirous he is to find or embrace any way for their Relief; the best, is not only way to which, his Majesty conceives would be by a good and blessed Accommodation of the lamentable Distraction of this Kingdom; which, if the Matter of his Majesty's last Message were so entertained as his Majesty hoped and expected, might, by the Blessing of God, in a short time be effected.
By the King.
A Proclamation against the Oppression of the Cleargy,
by the Intrusion of Factious and Schismatical Persons into their Curse, and Inverting and detaining their Tythes and Possessions, by Orders of One or Both Houses of Parliament, contrary to all Law and Justice.
His Majesty's Proclamation against the Oppression of the Clergy, May 15, 1643.
Whereas, by the Great Charter of the Liberties of England, it is provided, That the Church should have all her Rights whole, and the Liberties inviolable; and amongst others, the Church hath these Privileges; That regularly, no Exclesiastical Possessions may be Extended, Seized, or Sequestred, but by the Ordinary; And that Distresses may not be taken of Lands, wherewith Churches have been anciently Endowed; and that Churches Presentative cannot be pissed, and the lawful Incumbents thereof removed, but by the Ordinary; nor the Cure of the Incumbents served by Curates, Lecturers, or others, but by their own appointment; or, in their default, by the appointment of the Ordinary: Neither are any of our Subjects of the Laiety, by the Common Laws of our Realm, capable to take or receive Tythes (which are the Portion of the Clergy) unless by Demise from them, or such as are appropriate or made; Lay-Fee; Nevertheless, by Colour of Orders, or pretended Ordinance of One or Both Houses of Parliament, the Estates Real and Personal, as well of our Clergy as Laiety, have been, and are daily Seized, Sequestred, and taken from them, and their Possessions distrained for Illegal Taxes and contributions for supporting the Rebellion against us; which being clearly against Law, and unwarrantable, We did forbid, by our Proclamation, of the Seventh of April last, and do hereby forbid the same, under the Penalties in that our Proclamation contained: And whereas divers of our Clergy, eminent for their Piety and Learning, because they publish our lawful and just Commands and Declarations, and will not, against the known Laws of the Land, and their own Conscience, submit to Contributions, nor publickly pray against Us and our Assistants, but conform themselves to the Book of Common-Prayer, established by Law, and Preach God's word according to the Purity thereof; and in their Sermons will not teach Sedition, nor will Publish Illegal Command and Orders for formenting the Unnatural War, levied against us, are some of them driven and forced from their Cures and Habitations, some others silenced and discharged from the Exercise of their Curse, and Persecuted, and their Curates if Orthodox displaced; and others, who are Factions and Schismatical, intruded and put in, to sow Sedition, and seduce our good Subjects from their Obedience, expressly contrary to the Word of God, and the Laws of the Land, and the Glebe, Tythes, and other Emoluments of rights belonging to such Incumbents as will not conform to that Faction, are diverted in all Parishes where such Arbitrary Power prevails, and distributed, part to such Factious Curates, and the rest to the maintenance of this War, against Law, and the Liberties of the Church. Our Will and Pleasure therefore is, and we do hereby straitly Charge and Command all Our Subjects, as well Ecclesiastical as Temporal, not to presume to intermeddle in discharging or hindring any of our said Clergy for the Cause aforesaid, or any other the like Pretences, or any of them from the Exercise of their Cures or Functions, or in displacing the said Curates, subtracted by them, Nor do presume to intrude, or cause any Curates, Lecturers, or others, to be intruded, or put into such Cures, or to take or dispose the Glebe, Tythes, Fruits, or Emoluments, belonging to any of our said Clergy, who are Silenced, forced from their Cures, and Perfected as aforesaid. And we do hereby require and Command all Our subjects, duly to set forth and pay their Tythes to their several and respective lawful Incumbents of their Parishes, or to their Farmers, Assigns, or deputies without any Guile or Fraud; and so as the same may be received and enjoyed by the same incumbents, without any diminution, subtraction, or diversion: Notwithstanding any Sequestrations or pretended Orders or Ordinances, or other Command whatsoever of One or Both Houses of Parliament: And if any Person or Persons whatsoever shall presume to Transgress this our Command; We do hereby declare and signifie, That they do not only oppugne and infringe the good Old Law of the Lard, and the Liberties of the Church (which all Our Subjects, as well as Our Self, are bound to maintain and observe) but do also assist a Rebellion against Us, for which we shall proceed against them according to Law, as they shall be apprehended and brought to the Hands of Justice, and will give Direction for taking their Lands and Goods into safe Custody in the mean time.
And we do hereby further straitly command and require all Church-wardens, Sides-men and Parishioners whatsoevers, to resist all such Persons as shall be so intruded, or put into any of the Cures aforesaid, by or upon Pretence of any such pretended Orders or Ordinances or Commands, as aforesaid, and to assist (as much as in them lieth) the lawful Incumbents, their Curates, Farmers, Assigns, or Deputies, in the receiving, taking and enjoying the Glebe, Tythes, Fruits and Emoluments to them of Right belonging; willing and commanding all Sheriffs, Mayors, Bailiffs, Justifies of the Peace, Constables, Headboroughs, and other our Officers and loving Subjects whatsoever, upon their Allegiance and the severest Punishment that by the Law may be inflected upon them, not only to obey and observe carefully these our Commands, but to be aiding and assisting to the utmost of their Power to all such Persons as shall require their Assistance and Protection in this behalf, and to resist and repel by Force of Arms all such as shall oppose this our legal Command. And our Will and Pleasure is that this our Proclamation be read in all Churches and Chapels in this our Kingdom.
Given to our Court at Oxford the 15th Day of May, in the 19th Tear of our Reign.
An Ordinance of the Lords and Commons assembled in Parliament concerning the Archbishop of Canterbury,
who by reason of many great and weighty Businesses, cannot as yet be brought to his Tryal.
Die Martis, 16 Maii, 1643.
Ordinance that Archbishop Loud shall not present to Ecclesiastical Livings, may 16, 1643.
Whereas William lawde Archbishop of Canterbury Standeth impeach'd in this present Parliament for High-Treason, and for divers other great Offences and Misdemeanors, and by reason of many great and weight Businesses be cannot yet be brought to Trial for the said Offences and Misdemeanors, and be in respect of his said Archbishoprick of Canterbury, both Power to give and collate sit Clerks to divers Parsonages, Vicariges, Prebends, and other Ecclesiastical Promotions and Preserments, and is any of them should become void, and be left to preset whom he please to the same, the same may prove very inconvenient, he bestowing them upon unfit and unworthy Persons.
Be it therefore ordered and ordained by the Lords and Commons in this present Parliament, that in case any of the aforesaid Parsonages, Vicariges, Prebends, or other Ecclesiastical Promotions or Preserments, now be, or shall be easier, and before the Tryal of the said Lord Archbishop become void, that the said Lord Archbishop of Canterbury shall forbear to present or collate any Person or Persons thereinto without the Leave and Order of both Houses of Parliament. And it is further ordered and ordained that the said Lord Archbishop shall from time to time until his said Tryal present and collate such fit Person or Person to every such Parsonage, Vicarige, Prebend, and other Ecclesiastical Preferment, as aforesaid, which now are, or here after before his said Tryal shall become void, as by both Houses of Parliament shall be nominated and appointed. And it is further ordered by the said Lords and Commons in Parliament, that all Archdeacons, Registers, and other Officers, Ministers, and Persons what soever, shall forbear to give, or make any Admission, Institution, Collation or Induction of any Person or Persons whatsoever, which by the said Archbishop shall be presented, in air to any such Parsonage, Vicarige, Prebend, or other Ecclesiastical Preferment, other them such Person and Person as shall be nominated and appointed by both Houses of Parliament, as aforesaid. And it is lastly ordered, that the Lord Archbishop, and the Church-wardens of every Parish, and other Officers of the Church, where any Parsonage, Vicarige, Prebend, or other Ecclesiastical Promotions or Preferment, in the Donation or Gift of the said Archbishop are, shall within tow Months after the respective Avoidance thereof, give notice of such Avoidance to the Lord-Speaker of the House of Peers of for the time being.
An Ordinance whereby the Commissioners named in a late Act of Parliament for raising the Subsidy of 400000 l. in the several Counties of this Kingdom, are authorized to take and receive all such Monies, Victuals, Arms, Ammunition, Goods, Wares, and Commodities, as have been lately collected for the Relief of Ireland, which the Church-wardens and other Collectors are required to pay in without delay.
His Majesty's Message sent the 20th of May, 1643.
May 20, King's Message for an Answer to his Message of the 12th of April for Peace;
Since his Majesty's Message of the 12th of April (fn. 1) (in which he conceived be had made such an Overture for the immediate disbanding of all Armies, and Composure of these miserable and present Distractions, by a full and free Convention of Parliament, that a perfect and setled Peace would have ensued) bath in all this time, above a full Month, procured no Answer from both Houses, his Majesty might well believe himself absolved both before God and Man from the least possible Charge of noth having used his utmost Endeavours for Peae, yet when he considers that the Scene of all this Calamity is in the Bowels of his own Kingdom, that all the Blood which is spilt is of his own Subjects, and that what Victory soever it shall please God to give him, must be over those who ought not to have listed up their Hands against him; when the considers that these desperate Civil Dissentions may encourage and invite a foreign Enemy to make a Prey of the whole Nation, that Ireland is in present danger to be totally lost, that the heavy Judgment of God, Plague, Pestilence, and Famine, will be the inevitable Attendants of this unnatural Contention, and that in a short time there will be so general a Habit of Uncharitable and Cruelty contracted thro' the whole Kingdom, that even Peace itself will not restore his People to their old Temper and Security, his Majesty cannot but again call for an Answer to that his gracious Massage, which gives so fair a Rise to end these unnatural Distractions; and his Majesty doth this with the more Earnestness, because be doubts not the Condition of his Arms in several Parts, the Strength of Hose and Foot, Artillery, his plenty of Ammunition (which some Men lately might conceive he wanted) is so well known and understood, that it must be confes'd nothing but the Tenderness and Love to his People, and those Christian Impressions which always live, and he hopes always shall dwell in his Heart, could move him once more to hazard a Refusal; and he require them, as they will answer to God, to himself, and all the World, that they will no longer suffer their Fellow Subjects to welter in each others Blood, that they would remember by whose Authority, and to what End they met in the Council, and send such an Answer to his Majesty as may open a Door to let in a firm Peace and Security to the whole Kingdom. If his Majesty should again be disappointed of his Intentions therein, the Blood, Raping and Destruction which may follow in England and Ireland, will be cast upon the Account of those who are deaf to the Motives of Peace and Accommodation.
May 23, The Queen impeach'd
The Queen having been very industrious whilst she was in Holland to furnish the King with Arms, Ammunition, &c. and being now in the head of a considerable Army at York, ready to march Southward, the Houses of Commons this Day resolved to impeach her Majesty of High-Treason, and Mr. Pym was sent up, and at the Bar of the Lords House did impeach her Majesty accordingly, promising in the Name of the Common to bring in particular Articles to make good that general Charge.
Her Majesty's Letter to Duke Hamilton about the beginning of June, mentioning this Impeachment. See Hamilton's Memoirs of 299.
Her Majesty's Sentiments of this Accusation may in some measure appear by the following Letter, written some few Days after into Scotland to Duke Hamilton, wherein her Majesty takes notice thereof.
I Received your Letter, and have given an account to the King of what you tell me. I hope the King's faithful Servants will be the more firms to his Service the more the wickedness of others appears, and will by their care and diligence prevent the malice of others. We had here a Mischance in one of our Quarters, by the Negligence of our People: The greatest Loss we have had is known, yet we are not at all discouraged, and hope quickly to have a Revenge. Our Army consists, without reckoning the Garrisons, of 7000 Foot, and 69 Troops of Horse, besides my two Regiments; so that for all other Mischance we are in no ill Condition. I have News from the King, that his Army is as strong as Essex's and that Essex dares not advance. The King hath sent Prince Maurice to the West with 2000 Horse and 1000 Foot. The Gentlemen of the West have promised to raise an Army of 10000 Men in fix Weeks; so that I can assure you all our Assairs go well. And from France (except the Death of the King my Brother) I have very good News; as likewise from Denmark. If the King does not press me to go to him quickly, I hope to see Leeds taken before I part. You will give a share of these News to all our Friends, if any dare own themselves such, after the House of Common hath declared me Traitor, and carried up their Charge against me to the Lords; this I assure you is true, but I known not yet what the Lords have done upon it: God forgive them for their Rebellion, as I assure your I forgive them from my Heart for what they do against me, and shall ever continue as I have promised
Your affectionate Cousin and Friend,
Henrietta Maria, R.
Tuesday the 30th of May, 1643, Discovery of the Design of Mr. Tomskins, Mr. Challomer, &c.
At this time happened the Discovery of a notable Design, carried on by Mr. Tompkins, Mr. Waller, Mr. Challoner, and others; the first notice whereof was given by one Mr. Roe Servant to Mr. Tompkins, who having over-heard some of their Consultations, imparted the same to a Member of the House of Commons; whereupon a Committee was appointed to enquire into the same, viz. Mr. Pym, Sir Henry Vane junior, Mr. Solicitor St. Johns, and Mr. Glyn (not long before chosen Recorder of London) who having several Days and Night traced the same, and divers of the Persons concern'd being secured, the House of Commons desired a Conference with the Lords, where Mr. Pym communicated to them the Substance of the Design, and soon after set the same forth in Print, with an Order that the same should be read in all Churches and Chapels in London and Westminster, and the Suburbs thereof, as follows:
I. That the Conspiracy was formed of a Mixture and Conduction of Persons of several Qualities, some whereof were of both Houses of Parliament, others of the City, and others belonging to the Course, who in their respective Places and Employments were to form and perfect the Work, raised out of the Ashes of the late Petition of London for Peace.
II. The chief Actors were Mr. Waller, a Member of the House of Commons, who pretended, and gave out to the rest, that many others of that House, and of the Lords, were privy to and concern'd therein; Mr. Tompkins, a Gentleman living in Holborn, Brother-in-Law to the said Mr. Waller, and a Servant to the Queen, as being Secretary to the Commissioners for her Majesty's Ravenue; Mr. Challoner, an eminent Citizen; one Mr. Blinward, Mr. Alexander Hampden, who brought the last Message from the King, Mr. Hassel, one of his Majesty's Messengers, &c.
III. The Method was for several Persons in the City to dispose of themselves into a Committee, to hold Intelligence with both Armies, the Courts, and the Parliament; to take a general Survey of the Affections of all the Inhabitants within the Weekly Bills of Mortality, which was to be done under these three Ranks, Right Men (or of the King's Party) Averse Men (or the well affected to the Parliament) and Moderate Men (or Neutral); to consider of Arms, Ammunition, and all Provisions of War; to appoint out of themselves select Persons to treat with Mr. Waller and Mr. Tompkins in relation to the City, Court, and Parliament; as also with Sir Nicholas Crispe Sir George Binion, Captain Roydon, and others then at Oxford.
IV. Mr. Waller's Part was to engage a considerable Part of the Lords and Commons, and to be a means of conveying Counsels, Resolutions, and Intelligence between them and the said City Committee. Mr. Tompkins was out only an Assistant to Mr. Waller therein, but an Instrument to convey by Hassel and others their Proceedings to the Court, principally to the Lord Falkland, and to receive thence Directions, Powers, and Commands.
V. For preventing Discovery, Protestations, of Secrecy weretaken, as they were Christians not to disclose it, and no Man in the City was to endeavor the engaging above two, whereby no one Man could impeach many.
VI. From the Court, Mr. Heron and Mr. Alexander Hampden, and others employ'd upon Messages from the King to the parliament, were to convey Directions, Encouragements, and Advice to those in London, and Authority was to be given under the Great Seal, and Warrants under the King's Hand for settling a Council of War, naming of General and other Officers, Execution of Martial Law, raising of Money, and providing Arms; and to facilitate the whole, part of the King's Forces to be in readiness to assist the Party here, as there should be occasion.
VII. The Particulars of the Design itself were, to seize the King's Children, to secure several Members of Parliament, particularly the Lord Say, the Lord Wharton, Mr. Pym, Sir Philip Stapleton, Colonel Hampden, and Colonel Strode, as also the Lord-Mayor and Committee of the Militia, under presence of bringing them to a legal Trial; to seize upon to Outworks, Forts, Magazines, Gates, and other Places of Importance in the City, and the Tower, and let in the King's Forces, and in the mean time to resist and obstract all Payments imposed by Authority of the two Houses for Support of their Armies.
VIII. For their Authority they had the following Commission brought up by the Lady Aubigny (who was now taken into Custody) the said Commission being sound hid under-ground in Mr. Tompkins's Cellar.
A Commission under the Great Seal to several Persons in London.
CHARLES by the Grae of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. To our trusty and well-beloved Sir Nicholas Crispes, Sir George Stroude Kts, Sir Tho Gardiner Kt. Recorder of London, Sir George Binion Kt. Richard Edes and Marmaduke Roydon Esqs, Tho. Broom Esq; Peter Paggon, Charles Jennings, Sir Edw. Charlton, Robert Abbot, Andrew King, William White, Stephen Bolton, Robert Alden, Edmund Foster, Tho. Blinkhorn of London, Gentlemen, and to all such other Person and Persons as according to the true Intent and Purport of these Present shall be nominated and appointed to be Generals, Colonels, Serjeant-Majors, or other Officers, or of our Council of War, greeting: Whereas in our Cities of London and Westminster, and Suburbs thereof, our Borough of Southwark, and County of Middlesex, there are raised and continued great Numbers of Military Forces, both Horse and foot, who under the Command of Robert Earl of Essex as their General, and under the Conduct of divers others, pretending to derive their Authority from the two Houses of Parliament, have traitorously levied War and rebelled against Us their natural Liege-Lord, and Many of our Subjects have been seduced by false Informations, by the Practice of a sew who have been the Contrivers of these mischievous Plots, and have joined with them either in Person, or by aiding of them with Men, Money, Horses, or other things; and many of our good and loyal subjects, over-aw'd by the Power of the Rebels, have been forc'd to contribute to them for the Maintenance of this unnatural War, and others reusing, have been plunder's and robb'd of their Estates, and some committed to several Prisons, and others barbarously used, contrary to the Liberty of free-born Men, the Laws of the Land, and contrary to all Humanity; of which Injuries and Calamities fassing upon our good Subjects we are very sensible, and desirous to give Relies to our good Subjects by all the best Means we can, and to resist the Violence and Insolence of the Rebels and their Adherents, we having no other End therein but to preserve the true Protestant Religion in the Integrity and Purity thereof, to maintain the Laws of the Land, and the Liberty of the Persons, and the Property of the Estates of our Subjects, and the just Privileges of Parliament, have thought fit for our better Service to settle a Council of War in or about our City of London, who may take those things into their said Considerations, which may conduce best to this End, and to have such Commanders and Officers settled in the Place aforesaid which may both raise and govern, and lead such Forces and may be raised there.
Know ye therefore, That we, reposing Special Trust and Confidence in your Fidelities, Industress, and good Discretions, have made choice of, nominated, and appointed you to be our Council of War for the said Cities of London and Westminster and Suburbs thereof, our said County of Middlesex and Borough of Southwark; and do hereby give and grant Authority to your or any Four of yon, to make choice of such, other able discreet Persons as you shall think fit to nominate under the Hands and Seals of any Four of you, which with your selves shall make up in all the Number of 21, and no more. And we do give and grant to you, or any Four of you, Power and Authority, at such times and in such places as you shall think convenient, to assemble and meet together, and there to consult, advise, and resolve of all such Things, and of such ways and means as you or any Four of you shall think fitrest, for the raising of Forces, both of Horse and Foot, either of the Inhabitants of the Said Cities, County and Borough, or any adjacent Counties, or other places; who will voluntarily Associate themselves to that purpose; and these Forces or Arms, Muster, Conduct Order, Lead, and Govern, in the places aforesaid, or in any the Counties adjacent, or else where, in such manner as you yourselves, or such of her able and fit Persons as you or any Four of you shall appoint, according to these presents, shall think fit.
And the better to effect this our Service, We do farther give and grant to you or any Four of you, Power and Authority, under your Hands and Seals, to make choice of and appoint such a fit Person as you shall think meet, to be Captain-General of all these Forces that to be raised, and such other Persons as you or any Four of you shall in like manner make choice of and appoint to be Colonels, Lieutenant-Colonels, and Serjeant-Majors, over the the said Forces, in such manner, and in such places as you shall so appoint; who by Virtue thereof, and by Virtue of these Presents, shall have Power and Authority to do execute and perform all such things which to these several Offices and Employments, according to Law-Martial, do belong. And we do hereby promise and Grant, That with all convenient Speed, after we shall have Notice from you or any Four of you, under your Hands and Seals, of your Nomination of any Person or Persons to those several Places, we shall Grant and Confirm into them and every of them respectively several Places to which you have nominated them, as aforesaid, under our Great Seal of England, or otherwise as shall be reasonably devised and required of us.
And we do further by these Present give and grant into you full Power and Authority, by all such good mays as you or any Four of you, under your Hands shall agree upon, to raise Money for the Cloathing, Arming, Furnishing and Paying of all such Soldiers as shall be thus raised and for the providing of all Ammunition and other Necessaries for the War; All which Money, upon a just Account, we do, for us our Heir and Successors, promise, grant, and agree, well and truly to repay, for us, our Heirs and Successors, promise, grant, and agree, well and truly to repay, so soon as we shall be enabled there unto, and in the mean time to secure the same to those who for our Service, and by your Mediation and Industry, shall lend or disburse the same. And we do further by these Present Grant, That such Generals, Colonels, Lientenant-Colonels, and other Officers so by you nominated as aforesaid, shall have sull Power and Authority, by Virtue of these Presents, to lead and order the Soldiers severally under they Charges, and with them to Fight against our Enemies and Rebels, and them to Slay and Destroy, or them to Save, according to the Law-Martial, or Cause of War: For the doing of all which, this shall be to you, them, and every of them, a sufficient Warrant. Willing and Commanding all such Officers and Soldiers, which by Virtue hereof you shall retain, to obey readily, and receive and accomplish your Directions, and Commands, and Summons in all things hereto appertaining or necessary to be done; As also all Mayors, sheriss, justices of Peae, Commissioners of Array and all other our Officers and loving Subjects, to be aiding and assisting both to you and to all such Officers and other Person whom you shall appoint under any Four of your Hands, adn Seals, for the Furthering and Advancement of this our especial Service; For which, this shall be to you, to them, and every of them, a saticent Warrant. In Witness whereof we have censed these our Letters to be made Patent, Witness Our Self, at Oxford the 16th Day of March, in the 18th Year of Our Reign.
IX. In pursuance of this Commission on, they had often consulted of a General and treated with Sir High Pollard, Prisoner in the Compiler, (one a Member of the House of Commons, but expell'd being accused of having an hand in the Design to bring up to Northern Army against the Parliament,) about it. And a Declaration was ready drawn, setting forth the Cause of their taking up of Arms to be in Pursuance of their late Protestation to maintain the true Reformed Protestant Religion against all Papists and Sectaries, to oppose illegal Assessments, &c. which was to be distributed to their Friends, and on the Night of their Rising set upon the Post round about London. Concerning which Time of their Rising they had also consulted (of which precise Notice was to be sent to Oxford, as to the Day and Hour) and some moved to have it done out Wednesday the last of May (being the Fast-day, and the very next day after the first Intimation was given towards a Discovery) but it had been put off, and not fully concluded, it being said, it should be left to the Lords to determine, whom Waller pretended should side with them. Mr. Hassel lay close at Beaconsfield, and had word sent, The great Ship was come into the Downs, by which he was to understand, that the Design was near ripe; and he acquainted the Lord Falkland at Oxford therewith, and received Answer, that they should hasten it with all speedily; and when they were ready, 3000 of the King's Forces were to advance from Oxford within 15 Miles of London, to be ready upon notice to fall into the Works and assist; and white Ribbons or Tape was agreed to be worn by all concerned in this Action, to distinguish them, &c.
The Parliament, upon this Discovery, formed an Oath or Vow to be taken by the Members of both Houses, and by their Army, and appointed a general Thanksgiving to be kept throughout the Kingdom, at which time a printed Narrative of this Design was to be read, and the said Oath or Covenant to be tendered to all Person, (but no Penalty set on the Resusers) the Oath being as follows:
The Vow or Convenant taken by the Commons, June 6, 1643, and recommended to be taken through out the Kingdom.
I A.B. Humility and Reverence of the Divine Majesty, declare my hearty Sorrow for my own Sins and the Sins of this Nation, which have deserved the Carow for my own Sins that now lie upon it; and my true Intention is, by God's Grace, to endeavour the Amendment of my own Ways: And I do further in the Presence of Almighty God declare, vow and covenant, that in order to the Security and Preservation of the true reformed Protestant Religion and Liberty of the Subject, I will not consent to the laying down of Arms, so long as the Papists, now in open War against the Parliament, shall by force of Arms be protected from the justice thereof; and that I do abhor and detest the wicked and treacherous Design lately discovered, and that I never gave nor will give my Assent to the Execution thereof, but will according to my Power and Vocation oppose and resist the same, and all other of the like nature. And in case any other like Design shall hereafter come to my Knowledge, I will make such timely Discovery as I shall conceive my best conduce to the preventing thereof. And whereas I do in my Conscience believe that the Forces raised by the two Houses of Parliament are raised and continued for their just Defence, and for the Defence of the true Protestant Religion and Liberty of the Subject, against the Forces raised by the King, that I will, according to my Power and Vocation, assist the Forces raised and continued by both Houses of Parliament, against the Forces raised by the King, without their Consent; and will likewise assist all other Persons that shall take this Oath, in what they shall do in pursuance thereof, and will not directly nor indirectly adhere unto nor shall willingly assist the Forces raised by the King, without the Consent of both Houses of Parliament. And this Vow and Covenant I make in the Presence of Almighty God, the Searcher of all Hearts, with a true Intention to perform the same, as I shall answer at the great Day, when the Secrets of all Hearts shall be disclosed.
The Parliament sent to General Essex, desiring him to appoint a Council of War trying of Mr. Tompkins, &c. which was done, and of Friday the 30th of June of Council of War fat at Guildhall, consisting of 22 Colonels of the City and of the Lord-General's Army, the Earl of Manchester being President, before whom Mr. Tompkins, Mr. Cholloner, Mr. Blinkhora, Mr. Abbot, Mr. White and Mr. Hampden, were severally brought to the Bar, and their Examinations and Consessions produced by the Advocate-General, and read; and upon Monday, July 3, Tompkins and Challoner receiv'd Sentence of Death, and the next day Blinkhorn and Abbot; but Hampden being fallen sick, his Trial was put off; and as for Mr. White, the Court agreed not in their Judgment.
Tompkins and Challoner Executed.
On Wednesday, July 5, Mr. Tompkins was Executed on a Gibbet at the end of Fetter-lane in Holborn (near his own House.) And the same Day Mr. Challoner suffered in like manner over-against the Royal-Exchange. Their Speeches (as they were printed in those Times) were as follow.
Mr. Tompkin's Speech upon the Ladder, immediately before his Execution July 5, 1643
I Do humbly acknowledge in the Sight of Almighty God (to whom, and to Angels, and to this great Assembly of People, I am now a Spectacle) that my Sin have deserved of him this untimely and shameful Death, and I humbly submit to it and seeing all our Times are in his. Hand, and that a Sparrow falls not to the ground but with his Providence, much more Man, that bears his Image. I am no Atheist, but do acknowledge God's great Protection to me, and his Goodness and Mercy, in that he hath, during all this Trouble I have undergone, preserved my Heart, and kept it from Sin, and from Thoughts of Distraction; I acknowledge has great Mercy. I am no Papist, I must tell you why I shall speak a little of this, because I have been desired by a good and ancient Friend of mine to declare myself in his Point, and therefore I shall say somewhat to you of this. I say, I was never Papist, nor Popishly inclined; and for some Relations I have had to some that way, I did never make any shew of the least Inclination to Papism. I have sometimes had Conference and Disputes with some Jesuits (in foreign Parts chiefly) I thank God my Principles of Religion were so grounded they could never shake me; I have been called by some of them an Heretick in Grain. But this is true (which might make that worthy Friend of mine put me in mind to clear myself in this Point) in regard of some Relations, and in regard I received very civil Usage from those of that Religion in foreign Parts, where that Religion is prosessed; I returned the like Civility to them here as I had occasion, and especially to those whom any civil Affair brought into my Conversation; and truly if I were to live I should do the same thing, having no Calling to the contrary; if I were an Officer it were something. I do forgive all the World, as I desire all the World should forgive me. Touching the Business for which I suffer, I do acknowledge, that Affection to a Brother-in-law, and Affection and Gratitude to the King, whose Bread I have eaten now above 32 Tears (I have been a Servant to him 20 Tears, I have been a Servant to him when he was Prince, and ever since, it will be 23 Tears in August next) I confess these two Motives drew lite into this foolish Business. I have often since declared to good Friends, that I was glad it was discovered, because it might have occasioned very ill Consequences, and truly I have repented having any hand, in it.
Gentlemen, I thank God, God hath given me so good a Heart, and such Presence of Mind, as I was confident he would either take me out of this Danger, or that he Would be present with me, to assist me in bearing this Trouble. I do acknowledge this as a great Mercy, either to take me away from the Days of Sin, or to take me away from the Evils of the Time to come, which God avert; or to take me away from the Infirmities of Age, now approaching upon me. I know not what more to say.
Then turning to the Executioner, he said,
Honest Friend, I forgive you, as the Executioner of justice; I forgive you, and I do recommend myself into the Hands of God Almighty; and one thing pray give we leave to say, I hope to be saved by Faith in Jesus Christ.
Lieutenant-Colonel Washborn ask'd Mr. Tompkms, Do you ackn this your Suffering to be just? Mr. Tompkins answered, I have said it already, pray do not trouble me. Then Lieutenant-Colonel Washborn said to him, Whereas you have had a hand in this you suffer for, if you know any other Plot that is prejudicial to the Parliament or State, pray reveal it. Mr. Tompkins answered, Pray trouble me not, I have done my Duty.
Then the Executioner performed his Office; and it was to be noted, that in all this lime, from the beginning to the end, he never so much as altered his Countenance, nor by his outward appearance seemed in the least abashed with the Apprehension of Death.
Mr. Challoner's dying Words.
It hath pleased God to bring me to this Place, God hath now returned my Prayer upon me; my Prayer was, That if this Design might not be honourable to him that it might be known; God hath heard me, and it is discovered, the very same thing hath satisfied me that I was in an Error, and that I am confident I was in a great deal of fault; and I confess I do now die justly; and I pray God that I may now glorify the Lord. I shall only thus much declare to the World, that may take off the Aspersion that was laid upon my Partner and my Wife, which neither of them did know of this Design. I have declared my Conference freely to God and the World in every Particular that concerns the Business. Thus much I shall say for my own Particular; there were three things laid to my Charge, which there was some Mistake in, concerning the King's Letter, whereas it was thought to be another way, I thank God it was not that way. Then concerning the Seal, I had no band in the procuring of it, nor knew not of it till the Friday. There is another thing, that is, concerning the seizing of the Magazines, which I had no band in neither; but I die Justly, and deserve this Punishment.
But now to you all that are here: Let my Example be to you, that you never take yourself to any thing but what you have Warrant for from the Lord; I had no Warrant I vow to God, that hath now satisfied me; the Lord, I hope, will forgive me, I have heartily repented; and I beseech you all to take this as a Warning. And whereas there is now a great deal of Distraction and Division in the City, and that we now make difference between God's Ministers and God's Ministers; despise no Means; I acknowledge my Fault, I did make some difference, and I now acknowledge it, and desire the Lord to forgive me; I have received more Comfort from such Men than ever I had before. I shall not now have much to say, but I desire heartily the whole World would forgive me; I do beg of my God, and of my Christ (whom I have not honoured so much as I should have done) that he would have Mercy upon me. And now to you all I speak: I do now as freely forgive you, as I trust my Saviour Jesus Christ hath forgiven me; and so, Lord Jesus, into thy Hands I command my Spirit, for thou hast redeemed me, O Lord God, and so the Lord take me, the Lord receive me.
Then his Father tendered him the King's Pardon, saying, Here's the King's gracious Pardon. To which Mr. Challoner answered, Sir, I beseech you, trouble me not with it. Pray speak to my Friends to take care of my Corps, and carry me Home. Then Mr. Peters said to him, you are now before the Lord of Heaven, if you have any thing about the Lords you spoke of so often last night, I beseech you speak your Conference. Mr. Challoner answering, said, Gentlemen, this is the happiest Day that ever I had; I shall now, Gentlemen, declare a little more of the Occasion of this, as I am desired by Mr. Peters, to give him and the World Satisfaction in. It came from Mr. Waller under this Notion, That if we could make a moderate Party here in London, to stand betwixt, and in the Gap, to unite the King and the Parliament, it would be a very acceptable Work, for now the three Kingdoms lay a bleeding, and unless that were done, there was no Hopes to unite them. Withal I made this Reply: Sir., if I could assure you of three Parts of London, none of them should stir, unless we had the Countenance of the Lords and Commons. To this he replied, you shall have to countenance this Business the whole House of Lords (except 3 or 4) and divers of the House of Commons. We were promised we should speak with these Lords; and in truth, except we had spoken with these Lords, nothing could have been done; for Mr. Abbot, Mr. Blinkhorn, Mr. Luntloe, Mr. King, and myself, agreed, that we would not stir till these Lords had declared themselves, and would be engaged. And now, Gentlemen, I have another thing to declare, which shall he in the behalf of those that are condemn'd: As Mr. Waller was the Mouth from the Lords, as he did declare, so I was the unhappy Instrument from Mr. Waller to the rest. The Sentence is now past, I desire, if it might be, that it might be moved to the House, that no more might suffer in this Cause. This is all I have to say, and desire your hearty Prayers to God for me.
Then one Mr. Smart said to him, Mr. Challoner, if you were to live longer would you ever have done the like again?
Mr. Challoner answered, I am thin far confident, that if it had pleased God to lend we Life, I think I should have ran another Course, and I am confident of it. I hope this is the happiest Day I ever saw, for I hope God is reconciled to me in my Saviour Jesus Christ, that hath given me Repentance, and I am confident he will return my Prayer for me. Then, at his Request, Mr. Peters prayed with him, which being ended, he said these Words; Gentlemen, I do from my Heart forgive you and all the World, desiring you and all the World to forgive also, and so I commend my Soul into the Hands of my God.
Mr. Waller being a Member of the House of Commons, could not be tried by the Council of War whilst he continu'd so, and therefore on Tuesday, July the 4th, was brought to the Bar, and had leave given him by the Speaker to say what he could for himself, before they proceded to expel him the House, whereupon he spake as follows.
Mr. WALLER's Speech in the House of Common on Tuesday the 4th of July, 1643.
Mr. Waller's Speech in the House, July 4. 1643.
I Acknowledge it a great Mercy of God, and a great Favour from you, that I am once more suffered to behold this honourable Assembly, I mean, not to make use of it to say any thing in my own Defence, by Justification, or Denial of what I have done, I have already confessed enough to make me appear worthy, not only to be put out of this House, but out of the World too; all my humble Request to you is, that if I seem to you as unworthy to live as I do to myself, I may have the Honour to receive my Death from your own Hands, and not be exposed to a Tryal by the Council of War; whatever you shall think me worthy to suffer in a Parliamentary way, is not like to find stop any where else.
This, Sir, I hope you will pleased for your own Sakes to grant me, who am already so miserable, that nothing can be added to my Clamity, but to be made the occasion of creating a President to your own Disadvantage; be sided the Right I may have to this, consider, I beseech you, that the Eyes of the World are upon you; you govern in chief, and if you should expose your own Members to the Punishment of others, it will be thought that you either want Power or Leisure to chastile them yourselves; nor let any Man despise the ill Consequences of such a President as this will be, because he seeth not presently the Inconveniences which may ensue: You have many Armies on foot, and it is uncertain how long you may have occasion to use them. Soldiers and Commanders (tho' I know well they of the Parliament's Army excel no less in Modesty than they do in Courage) are generally of a Nature ready to pretend to the utmost Power of this kind, which they conceive to be due to them, and may be too apt, upon any occasion of Discontent, to make use of such a President as this. In this very Parliament you have not been without some Taste of the Experience hereof; it is now somewhat more than two Years since you had an Army in the North, paid and directed by yourselves, and yet you may pleased to remember, there was a considerable Number of Officers in that Army which joined in a Petition or Remonstrance to this House, taking notice of what some of the Members had said, as they supposed to their Disadvantage, and did little less than require them of you; It is true there had been some tampering with them; but what has happen'd at one time, may wisely be thought possible to fall out again at another.
Sir, I presume but to point you out the danger, if it be not just, I know you will not do me the wrong to expose me to this Trial; if it be just, your Army may another time require the same Justice of you, in their own behalf, against some other Member, who perhaps you would be less willing to part with. Necessity has of late forced you into untrodden Paths, and in such a case as this, where you have no President of your own, you may not do amiss to look abroad upon others, States and Senates, which exercise the Supreme Power, as you now do here.
I dare confidently say, you shall find none, either Ancient or Modern which ever exposed any of their own Order to be tryed for his Life, by the Officers of their Armies abroad, for what he did while he Resided among them in the Senate.
Among the Romans the practice was so contrary, that some Inferior Officers in their Army, far from the City, having been sentenced by their General or Commander in Chief, as deserving Death by their Discipline of War, have nevertheless (because they were Senators) appealed thither, and the Cause has received a new hearing in the Senate. Not to use more words to perswade you to take heed that you wound not yourself thorough my Sides, in violating the Privileges belonging to your own Persons: I shall humbly desire you to consider likewise the nature of my Offence (not but that I should be much ashamed to say any thing in diminution thereof: GOD knows, 'tis horrid enough for the Evil it might have occasioned) but if you look near it, it may perhaps appear to be rather a Civil than a Martial Crime, and so to have Title to a Tryal at Common Law of the Land; there may justly be same difference put between me and others in this business.
I have had nothing to do with the other Army, or any intention to begin the offer of Violence to any body. It was only a civil pretence to that which I then foolishly conceived to be the right of the Subject. I humbly refer it to your Considerations, and to your Consciences. I know you will take care not to shed the Blood of War in Peace, that Blood by the Law of War which hath a right to be tryed by the Law of Peace. For so much as concerns myself, and my part in this business, (if I were worthy to have any thing spoken or patiently heard in my behalf) this might truly be said, that I made not this business, but found it; was in other Mens hands long before it was brought to me, and when it came, I extended it not, but retrained it. For the Pro-positions of letting in part of the King's Army, or offering violence to the Members of this House, lever disallowed, and utterly rejected them.
What it was that moved me to entertain discourse of this business, so far as I did, I will tell you Ingenuously, and that rather as a warning for others, that that it makes any thing for myself: it was only impatience of the inconveniencies of the present War, looking on things with a Carnal Eye, and not minding that which chiefly (if not only) ought to have been considered, the inestimable value of the Cause you have in hand, the Cause of GOD and of Religion, and the necessities you are forced on for the maintenance of the same; as a just punishment for this neglect, it pleased GOD to desert and suffer me with a fatal blindness, to be led on, and ingaged in such Counsels as were wholly disproportioned to the rest of my Life; These, Sir, my own Conscience tells me, were the cause of my failing and not Malice, or any ill habit of Mind, or disposition toward the Common-wealth, or to the Parliament: for from whence should I have it? If you look on my Birth, you will not find it in my Blood: I am of a Stock which hath born you better Fruit: If you look on my Education, it hath been almost from my Childhood in this House, and among the best fort of Men; and for the whole Practice of my Life till this time, if another were to speak for me, he might reasonably say, That neither my Actions out of Parliament, nor my Expressions in it, have favoured of Distrust, or Malice to the Liberties of the People, or Privileges of Parliament,
Thus, Sir, I have set before your Eyes, both my Person and my Case, where in I shall make no such defence by denying or extenuating any thing: I have done, as ordinary Delinquents do, my address to you, and all my Plea shall only be such as Children use to their Parents, I Have offended, I confess it; I never did any thing like it before: It is a passage unsuitable to the whole course of my Life beside; and for the time to come, as GOD that can bring light out of darkness, and hath made this business, in the event, useful to you; so also hath he to me: You have by it, made an happy discovery of your Enemies, and GOD of myself, and the evil Principles I walk by; so that if you look either on what I have been heretofore, or what I now am, and by GOD's Grace assisting me, shall always continue to be; you may perhaps think me fit to be an Example of your Compassion and Clemency.
Sir, I shall no sooner leave you, but Life will depend on your Breath, and not that alone, but the Subsistence of some that are more Innocent. I might therefore shew you my Children, whom the rigour of your Justice would make compleat Orphans, being already Motherlands I might shew you Family, wherein there are some unworthy to have their share in that Mark of Infamy, which now threatens us: But something there is, which, if I could shew you, would move you more than all this; it is my Heart, which abhors what I have done more, and is more severe to itself, than the feverest Judge can be. A Heart (Mr. Speaker) so awakened by this Affliction, and so intirely devoted to the Cause you maintain, that I earnestly desire of GOD to incline you, so to dispose of me, whether for Life or for Death, as may most conduce to the Advancement thereof.
Sir, Not to trouble you any longer, if I Dye, I shall Dye Praying for you; if I Live, I shall Live serving you, and render you back the use and imployment of all those Days you shall add to my Life.
After this having withdrawn himself, he was called in again, and (being by the Speaker required thereto) gave them an exact account how he came first to the knowledge of this Business, &c. However, they proceeded to expel him the House; and so being left to the Council of War, he was Condemned to Dye. But had a Reprieve from General Essex; and after about a Years Imprisonment, paying a Fine of 10000 l. was discharged, and Travelled into France. The Earl of Portland, and the Lord Conway were Tax'd, as being Privy to this Design, and for some time in Custody; but it not being clearly proved, they were soon after discharged.
Die Sabhathi 10, Junii, 1643.
An Ordinance of the Lords and Commons Assembled in Parliament, That all the Temporal Livings, Dignities, and Ecclesiastical Promotions, belonging unto William, Lord Arch-Bishop of Canterbury, be forthwith Sequestered by, and unto the Parliament.
Ordinance to Sequester the Estate of Arch Bishop Land, June 10.
Whereas, by an Ordinance of Parliament, of the 7th of May, 1643. The Arch-Bishop of Canterbury is required from time to time, until his Tryal, to Collate such fit Persons unto any Ecclesiastical Preferment in his Patronage, as shall both Houses be nominated unto him: and, in pursuance of the said Ordinance another Ordinance of the Lords and Commons past the 20th of the same Month, requiring the said Arch-Bishop to Collate upon Edward Corbet, Fellow of Merton College in Oxford, The Rectory of Chartham in the County of Kent, void by Death of Dr. Bargrave, The last Incumbent: And whereas the said Arch-Bishop of Canterbury refuseth Obedience to the said Ordinance; It is therefore Ordered, and be it so Ordained by the Lords and Commons in Parliament, That all the Temporalties of the Arch-Bishop of Canterbury be hereby Sequestred, by and unto the Parliament, and William Lord Arch-Bishop of Canterbury be Suspended, ab Officio & Beneficio, & omni, & Omnimoda jurisdictione Archipiscopali, until he be either convicted or Acquitted of High-Treason, for which he stands now Accused: And whatsoever Livings, Dignities, or Ecclesiastical Promotions, in the said Arch-Bishops Gift or Collation, are, or hereafter shall be void, shall henceforth be Instituted or Inducted into by the Arch-Bishops Vicar-General; or any other having Authority in his behalf, upon the Nomination and Recommendation of Both Houses of Parliament, during the time of the Suspension and Sequestration aforesaid. And upon this Ordinance it is Ordered, and be it so Ordained by the Lords and Commons in Parliament, That the said Edward Corbet be, and is hereby nominated and recommended, forthwith, upon sight hereof, to be admitted, Instituted, and Inducted by the Vicar-General aforesaid, or any other, having, Authority in his behalf into the said Rectory of Chartham, Ratione suspentionis Domini Gulielmi Archiepiscopi Cantuariensis & Sequestrationis temporalium Archiepiscopatus in manibus Supremae Curiae Parliamenti jam existensium, the same belonging unto their Gift. And it is hereby further Ordained by the Lords and Commons in Parliament, that during the Suspension and Sequestration aforesaid, the Jurisdiction of the said Arch-Bishop, shall be Executed and Exercised by his Vicar General, and other his inferiour Judges and Officers as formerly the same hath been.
By The King.
A Proclamation warning all His Majesties good Subjects no longer to be misled by the Votes, Orders, and pretended Ordinances, of One, or Both Houses,
by Reason the Members do not enjoy the Freedom and Liberty of Parliament. With His Majesties Gracious Offer of Pardon to the Members of Both Houses, and of Protection to such of them as shall Repair to Him.
Kings Proclamation not to obey Orders of the Houses, and that the membersinjoy nov the Freedom and Liberty of Parliament June 20. 1643.
'Whereas we have been long since driven by Force and Violence from Our Palace at Westminster, (the Place of Sitting for Us, anc' Our Life be present with Our Great Council, and much the greater part of the Members of both Houses of Parliament have been likewise driven by Tumults and Force for their Safety from their Attendance upon that Council, the said Members having been Threatned and Assaulted for delivering their Opinions freely in the Houses; or have out of Conscience and Duty withdrawn themselves from being present at the Debates and Resolutions, which they have well known to be so contrary to their Duty and Allegiance; or for so withdrawing, or for freely Speaking in the Houses, have been Expelled or Suspended from being Members of that Council, contrary to the ancient Practice, and just Privileges of Parliament. Since which time, and by which means, a great and Rebellious Army hath been raised against Us, under the Command of Robert Earl of Essex, which Army hath not only endeavoured to take away Our Life from Us in a feet Battel, but the same, and other Forces raised by the like means, have committed all the Acts of Outrage, Robbery, and Murder, upon Our good Subjects throughout the Kingdom, and still continue to do the same. And though in truth, a very small part of that great Council remain there together, yet under pretence of having the Countenance Our Two Houses of Parliament, some Seditious Persons assume to themselves (with the Assistance of those Rebellious Armies, and divers mutinous and desperate Brownists, Anabaptists, and other ill-affected Persons in Our City of London, by whose Means they awe such Members of both Houses who yet continue amongst them) a Power to do Things absolutely contrary to the Laws of the Land, and destructive to Our Rights, and to the Liberty and Property of the Subjects, and to alter the whole Frame and Government of this Kingdom, disposing of the Lives and Fortunes of Us, and Our good Subjects, according to their Discretion, subjecting both to their own unlimited Arbitrary Power and Government: We have only Accused some particular Persons, whom We well know to be the Authors and Contrivers of these desperate Counsels and Actions, and have forborn to censure, or charge the whole number of the Members remaining, by whose Orders and Authority the Evils have been pretended to be done, We hoping that the Sense of the Miserable Distractions of the Kingdom would at length have brought them to discern where they had Erred, and Our often Messages, and Complaints of the Violence offered to Us, and to the Members of both Houses, would have procured Justice and Redress: And that the Power and Reputation of such amongst them, who wished well to the Peace of the Kingdom, and Honour and Dignity of Parliaments, would have at last so far prevailed that a right Understanding might have been begotten betwixt Us and Our People, and all shew of Force and Violence so taken away and suppressed, that We might in a full and peaceable Convention of Parliament, with the Advice of that Our great Council, have so setled the present Distempers, that there might be no fear left of the like for the future. But finding to Our great Grief, that the Power of those Seditious Persons, who first contrived these desperate and bloody Distractions, continues so great, that as they have driven, and now keep Us, and the much greater part of both Houses, from being present at that Council, so they so far awe those who remain there, that they cannot with freedom give their Votes and Resolutions according to their Consciences, and the Laws and Constitutions of the Kingdom, that the Members of both Houses have been compelled to make Protestations to Live and Dye with the Earl of Essex, the General of the Rebellious Army, and other Unlawful and Treasonable Protestations; and that such who have refused to take the said Protestations, have been Expelled and Imprisoned for such their Refusal. That the great Affairs of the Kingdom are managed and concluded by a private Committee, without being ever Reported to the Houses, contrary to the Laws and Rules of Parliament. That the Common Council of London, most of them being Persons Factiously chosen out of Brownists, Anabaptists, and such who oppose the regular wholesome Government of that City, and have promised themselves the Distruction of the Church, are grown the Superintendents over both Houses, and obtrude upon them what Conclusion, and Resolutions they please. That they take upon them to justifie this Rebellion against Us; And have presumed under pretence of the Order of both Houses, to invite Foreign Forces to Invade this Kingdom. To send Agents to Foreign Princes to Negotiate and Treat with them in their own Names. To Imprison Our good Subjects contrary to Law, prohibiting Our Judges to grant Habeas Corpus according to Law. To introduce a new Clergy throughout the Kingdom, by displacing Godly Learned Divines, without the least colour of Law, or judicial Proceedings, and putting ignorant and Seditious Preachers in their Places, to Poison the Hearts of the People. To Countenance the vilifying of the Book of Common-Prayer Established by the Law of the Land. To seize, levy, and take away what they please of the Estates and Fortunes of Our Subjects, by disposing of the Twentieth part of their Estates, by exhausting them with unsupportable Weekly taxes for the maintenance of their Rebellion Army: And by endeavouring to lay odious Excises upon Victuals, Goods and Marchandise of Our People for the same Purpose, while they suffer Our poor Protesant Subjects of Our Kingdom of Ireland, whose Defence was undertaken by Our two Houses, and that Army raised for the suppressing of that horrid Rebellion, to be Starved, and in danger of Disbanding,, or necessitated to desert that Kingdom for want of Money, Victual, or such other Necessaries as were to be provided for them by Act of Parliament, out of those Monies which they have (after the breaking of the late Treaty, by a peremptory recalling the Committee, who in truth, during their abode with Us, had no Power to Treat by reason of their strict Limitation) so far rejected all possible Means and Overtures of Treaty and Accommodation, that instead of Answering Our Gracious Messages, the House of Commons hath Imprisoned Our Messenger sent by Us to them, to invite both Houses to an Accommodation, and especially to move them to take such a course for the freedom of Parliament, that we might safely Advise with that Our great Council for the settling those miserable Distractions and Distempers. And hath Maliciously, and in Contempt of Us, (and after an Attempt to Murder Her at Burlington Rode, the place of Her landing) Impeached Our Royal Consort of High Treason, for assisting Us with Arms and Ammunition to defend Us from this Rebellion 'Tis time now to let Our good Subjects know, that they may no longer look upon the Votes and Actions of the Persons now remaining, as upon Our two Houses of Parliament, Freedom and Liberty to be present, and of Opinion and Debate there, being essential to a Parliament: which Freedom and Libarty, all Men must confess to be taken away from this Assembly, when they remember the great Tumults brought down to awe and terrifie both Houses, and that they were then brought down when any great Debate was in either House, and not like to be so carried as some Seditious Persons who governed those Tumults did desire; that in the greatest heat and fury of those Tumults, the principal Governors amongst them directed the unruly People to go to Whithall, where Our own Person then was, and designed by force to have surprised the Person of Our Son the Prince; that when it was desired, that a Declaration might be made against such Tumults, instead of consenting thereunto, the Tumults themselves were justified; And when a legal Course was prescribed by the Lords, and taken by the proper Ministers of Justice to suppress and prevent such Tumults, and Riots, that legal Course was Superseded by those who were then present of the House of Commons, and the Ministers of Justice Punished and Imprisoned for Executing the Law, when they remember that several Members of either House have been threatened and assaulted in those Tumults, and their own Names proscribed as Persons disaffected, because they freely used to speak their Consciences in both Houses. That the House of Peers have been so far Threatned and Menaced, that the Name of those have been with Threats demanded by the House of Commons at the Bar of the Lords House, who refused to consent to this or that Proposition which had been in Debate before them: And tumultuous Petitions Countenanced, which have been presented to that same Purpose. That the Members of both Houses have been Imprisoned, and forbid to be present at those Councils, for no Reasons but because their Opinion hath not been liked. That Our Negative Voice (Our greatest and most Sovereign Privilege) is boldly denied. That a presumptious Attempt hath been made by the major part of the remaining part of the House of Commons to make Our Great Seal of England, the making of which by the express Letter of the Law, is High Treason, and would subvert the ancient and fundamental Administration of Justice. That at this time, We and the major part of both Houses are kept by a strong and Rebellious Army from being present at that Council, and that those who are present, are by the same Army awed and forced to take Unlawful and Treasonable Protestations to engage their Votes. And that such Resolutions and Directions which concern the Property and Liberty of the Subjects are Transacted and Concluded by a few Persons, (under the Name of a close Committee, consisting of the Earl of Manchester, the Lord Say, Mr. Pym, Mr. Hampden, Mr. Strood, Mr. Martyn, and others, the whole number not exceeding the number of seventeen Persons) without Reporting the same to the Houses, or having the same confirmed by the Houses, contrary to the express Law and Customs of Parliament. All which for the matter of fact, We are ready to make Proof of, and desire nothing but to bring the Contrivers of all the aforesaid Michiefs to their Trial by Law, and till that be submitted to, We must pursue them by Arms or any other Way, in which Our good Subjects ought to give Us Assistance to that Purpose. The imagining the Death of Us, Our Royal Consort, or Our Eldest Son, the levying War against Us in Our Realm, giving to them Aid of Comfort, the Counterfeiting Our Great Seal or Money, being by the express Words of the Statute of the 25 year of King Edward III. cap. 2. High Treason, and how applicable this is to those who have born Arms against Us, and to those who have consented that such Arms be born, to those who have promised to Live and Die with the Earl of Essex, and to those who every Day consent to some Act for the support and increase of that Army, We shall leave to all the World to judge, and hope that this Gracious Warning and Information now given by Us, will make that Impression in the Hearts of Our People, that they will no longer suffer themselves to be misled from their Duty and Allegiance upon any Pretences whatsoever: And We do declare, That we shall proceed with all Severity against all Persons whatsoever, who shall henceforward, Insist, Vote, or Incur in any kind toward the Maintenance and Countenancing such Actions and Resolutions, which by the known and express Laws of the Land, are High Treason, and against all those who shall adhere to them, who are in Rebellion against Us, as against Rebels and Traitors, in such manner as by the Laws and Statutes of the Realm is directed and appointed: And since by the Power of Seditious Persons, We and both Houses are kept from being secured against Tumultuous Assemblies, and both Houses from Adjournment to some place of Safety, which being done, might quickly make an end of these miserable Distractions, Whereby We are debarred from the Benefit and Advice We expect from that Our great Council, the Members thereof being scattered into several places: Therefore that the whole Kingdom may see that we are willing to receive Advice from those who are trusted by them, though we cannot receive the same in the place to which they were called, for the Reasons aforesaid, nor intend to receive Advice from them elsewhere in the Capacity of Houses of Parliament: We do hereby declare, That such of the Members of both Houses, as well those who have been by the Faction of the Malignant Party expelled for performing their Duties to Us, and into whose Rooms no Persons have been since choice by their Countries, as the rest who shall desire Our Protection, shall be welcome to Us at Our City of Oxford, until by the Adjournment of the Houses to some fit and free place, or otherwise, due Course be taken for the full and free Convention in Parliament of Us, and all the Members of both Houses. And for their better Encouragement to resort to Us, We do hereby will and command all the Officers and Soldiers of Our Army to suffer all such Persons who are Members of either House, with their Attendants and Servants, to come to Us to this Our City of Oxford: And that none of Our good Subjects may believe that by this Our Necessary Declaration against the Freedom and Liberty of that present Assembly, We may have the least Intention to violate or to avoid any Act or Acts passed by Us for the good and benefit of Our People this Parliament: We do hereby declare to all the World, That We shall, as We have often promised, as inviolably observe all those Acts, as if no such unhappy Interruption had happened of the Freedom and Liberty in that Council: And desire nothing more than to have such a free Convention in Parliament, that We may add such further Acts of Grace as shall be thought necessary for the Advancement of the true Protestant Religion, for the Maintenance of the Liberty and Property of the Subjects, and the Preservation of the Liberty, Freedom and Privileges of Parliament. And that all the World may fee how willing and desirous We are to forget all the Injuries and Indignities offered to Us by such who have been misled through weakness or fear, or who have not been the principal Contrivers of the present Miseries: We do offer a free and general Pardon to all the Members of either House (except Robert Earl of Essex, Robert Earl of Warwick, Edward Earl of Manchester, Hen. Earl of Stamford, William Vis. Say and Seal, Sir John Hotham Knight and Baronet, Sir Arthur Hastering Baronet, Sir Henry Ludlow, Sir Edward Hungerford, Sir Francis Popham Knights, Nathaniel Fines, John Hampden, John Pym, William Strood, Henry Martyn, and Alexander Popham Esquires, Isaac Pennington Alderman of London, and Captain Ven, who being the principal Authors of these present Calamities, have sacrificed the Peace and Prosperity of their Country to their own Pride, Malice and Ambition; And against whom We shall proceed as against Persons guilty of High Treason by the known Laws of the Land, and shall in the Proceeding be most careful to preserve to them all Privileges in the fullest manner that by the Law or the usage of former times is due to them,) If they shall within ten Days after the Publishing of this Our Proclamation return to their Duty and Allegiance to Us. And lastly, We further injoyn and command all Our Subjects upon their Allegiance to Us, as they will answer the contrary to Almighty God, and as they desire that they and their Posterity should be freed from the soul Taint of High Treason, and as they tender the Peace of this Kingdom, that they presume not to give any Assistance to the before mentioned Rebellious Armies, in their Persons or Estates in any fort whatsoever, but join with Us according to their Duty and the Laws of the Land to suppress this horrid Rebellion. And Our Pleasure and Command is, That this Our Proclamation be read in all Churches and Chapels within this Our Kingdom.
Given at Our Court at Oxford, the 20th day of June, in the Nineteenth Year of Our Reign.
GOD save the King.
Die Mercurii, 14 Junii, 1643.
An Order for the regulating of Printing.
Whereas divers good Orders have been lately made by both Houses of Parliament for suppressing the late great Abuses and frequent Disorders in printing many false, forged, scandalous, seditious, libellous and unlicensed Papers, Pamphlets and Books, to the great Defamation of Religion and Government; which Orders (notwithstanding the Diligence of the Company of Stationers to put them in full execution) have taken little or no effect, by reason the Bill in Preparation for Redress of the said Disorders hath hitherto been retarded thro' the present Distractions, and very many, as well Stationers and Printers, as others of sundry other Professions, not free of the Stationers Company, have taken upon them to set up sundry private Printing-Presses in Corners, and to print, vend, publish and disperse Books, Pamphlets and Papers in such multitudes, that no Industry could be sufficient to discover or bring to Punishment all the several abounding Delinquents; and by reason that divers of the Stationers-Company and others being Delinquents (contrary to former Orders and the constant Custom used among the said Company) have taken liberty to print, vend and publish the most profitable vendible Copies of Books belonging to the Company and other Stationers, especially of such Agents as are employed in putting the said Orders in execution, and that by way of Revenge, for giving Information against them to the Houses for their Delinquencies in Printing, to the great Prejudice of the said Company of Stationers and Agents, and to their Discouragement in this Publick Service.
It is therefore ordered by the Lords and Commons in Parliament, that no Order or Declaration of both or either House of Parliament shall be printed by any, but by Order of one or both the said Houses, nor other Book, Pamphlet, Paper, nor part of any such Book, Pamphlet or Paper, shall from henceforth be printed, bound, stitch'd, or put to Sale by any Person or Persons whatsoever, unless the same be first approved of and licensed under the Hands of such Person or Persons as both or either of the said Houses shall appoint for the licensing of the same, and entred in the Register Book of the Company of Stationers, according to ancient Custom, and the Printer thereof to put his Name thereto; and that no Person or Persons hereafter print or cause to be reprinted any Book or Books, or part of Book or Books heretofore allowed of and granted to the said Company of Stationers for their Relief and Maintenance of their Poor, without the License or Consent of the Master, Wardens and Assistants of the said Company; nor any Book or Books lawfully licensed and entred in the Register of the said Company for any particular Member thereof, without the License and Consent of the Owner and Owners thereof; nor yet import any such Book or Books, or part of Book or Books formerly printed here, from beyond the Seas, upon pain of forfeiting the same to the Owner or Owners of the Copies of the said Books, and such further Punishment as shall be thought fit.
And the Master and Wardens of the said Company, the Gentleman-Usher of the House of Peers, the Serjeant of the Common's House, and their Deputies, together with the Persons formerly appointed by the Committee of the House of Commons for Examination, are hereby authorized and required from time to time to make diligent Search in all Places where they shall think meet for all unlicensed Printing-Presses, and all Presses any way employ'd in the printing of scandalous or unlicensed Papers, Pamphlets, Books, or any Copies of Books belonging to the said Company, or any Member thereof, without their Approbation and Consent, and to seize and carry away such Printing-Presses, Letters, together with the Nut, Spindle, and other Materials of every such irregular Printed, which they find so misemploy'd, to the common Hall of the said Company, there to be defaced and made unserviceable, according to the ancient Custom; and likewise to make diligent Search in all suspected Printing-houses, Warehouses, Ships, and other Places, for such scandalous and unlicensed Books, Papers, Pamphlets, and all other Books not entred nor signed with the Printer's Name, as aforesaid, being printed or reprinted by such as have no lawful Interest in them, or any way contrary to this Order, and the same to seize and carry away to the said common Hall, there to remain till both or either House of Parliament shall dispose thereof; and likewise to apprehend all Authors, Printers, and other Persons whatsoever employ'd in compiling, printing, stitching, binding, publishing and dispersing of the said scandalous, unlicensed and unwarantable Papers, Books and Pamphlets as aforesaid; and all those who shall resist the said Parties in searching after them; and to bring them afore either of the Houses, or the Committee of Examinations, that so they may receive such further Punishments as their Offences shall demerit, and not to be released till they have given Satisfaction to the Parties employ'd in their Apprehension for their Pains and Charges, and given sufficient Caution not to offend in like sort for the future; and all Justices of the Peace, Captains, Constables, and other Officers, are hereby ordered and required to be aiding and assisting to the foresaid Persons in the due execution of all and singular the Premises, and in the Apprehension of all Offenders against the same; and in case of Opposition, to break open Doors and Locks.
And it is further ordered, that this Order be forthwith printed and published, to the end that notice may be taken thereof, and all Condemners of it left inexcusable.
The Licensers appointed according to this Ordinance.
The Names of the Licensers for printing Books of Divinity.
- Mr. Thomas Gataker,
- Mr. John Downham,
- Mr. Callibut Downing,
- Dr. Thomas Temple,
- Mr. Jos. Caryl,
- Mr. Edmund Calamy,
- Mr. Carter of Yorkshire,
- Mr. Ch. Herle,
- Mr. James Cransord,
- Mr. Obadiah Sedgwick,
- Mr. Batchelor, and
- Mr. John Ellis, junior.
For Law Books.
For Books of Physick and Chyrurgery.
The President and four Censors of the College of Physicians for the Time being.
For Civil and Canon-Law Books.
Sir Nathaniel Brent, or any three Doctors of the Civil Law.
For Books of Heraldry, Title of Honour, and Arms.
One of the three Heralds Kings at Arms.
For Books of Philosophy, History, Poetry, Morality, and Arts.
For Declarations, Ordinances, Fast-Sermons, and other things agreed on by Order of one or both Houses.
To be done by Order of either House, or the Committee for Printing.
For small Pamphlets, Portraitures, Pictures, and the like.
The Clerk of the Company of Stationers for the Time being.
For the Mathematics, Almanacks, and Prognostications.
The Reader for the Time being of Gresham-College, or Mr. John Booker.
Die Lunæ 12 Junii, 1643.
An Ordinance of the Lords and Commons in Parliament for the calling of an Assembly of learned and godly Divines and others,
to be consulted with by the Parliament, for the settling of the Government and Liturgy of the Church of England, and for vindicating and clearing of the Doctrine of the said Church from false Aspersions and Interpretations.
June 12, 1643.
Where as amongst the infinite Blessings of Almighty God upon this Nation, none is or can be more dear to us than the Purity of our Religion, and for that as yet many things remain in the Liturgy, Discipline and Government of the Churchy which do necessarily require a further and more perfect Reformation than as yet hath been attained, and where as it hath been declared and resolved by the Lords and Commons assembled in Parliament, that the present Church-Government by Archbishops, Bishops, their Chancellors, Commissaries, Deans, Deans and Chapters, Archdeacons, and other Ecclesiastical Officers depending upon the Hierarchy, is evil and justly offensive and burthensome to the Kingdom, a great Impediment to Reformation and Growth of Religion, and very prejudicial to the State and Government of this Kingdom, and that therefore they are resolved that the same shall be taken away, and that such a Government shall be settled in the Church as may be most agreeable to God's holy Word, and most apt to procure and preserve the Peace of the Church at Home, and nearer Agreement with the Church of Scotland, and other reformed Churches Abroad; and for the better effecting hereof, and for the vindicating and clearing of the Doctrine of the Church of England from all false Calumnies and Aspersions, it is thought fit and necessary to call an Assembly of learned, godly and judicious Divines, to consult and advise of such Matters and Things touching the Premisses as shall be proposed to them by both or either of the Houses of Parliament, and to give their Advice and Counsel therein to both or either of the said Houses, when and as often as they shall be thereunto required; be it therefore ordained by the Lords and Commons in this present Parliament assembled, that all and every the Persons hereafter in this present Ordinance named, that is to say, Algernon Earl of Northumberland, William Earl of Bedford, Philip Earl of Pembroke and Montgomery, William Earl of Salisbury, Henry Earl of Holland, Edward Earl of Manchester, William Lord Viscount Say and Seal, Edward Lord Viscount Conway, Philip Lord Wharton, Edward Lord Howard of Escr. John Selden Esq; Francis Rows Esq; Edmund Prideaux Esq; Sir Henry Vane Kt. senior, John Glyn Esq; Recorder of London, John White Esq; Bulstrode Whitlocke Esq; Humphry Salloway Esq; Mr. Serjeant Wild, Oliver Saint-John Esq; his Majesty's Solicitor, Sir Benjamin Rudyard Kt. John Pym Esq; Sir John Clotworthy, Kt. John Maynard Esq; Sir Henry Vane Kt.jun. William Pier-point Esq; William Wheeler, Esq; Sir Thomas Barrington Kt. Mr. Young Esq; Sir John Evelin Kt. Herbert Palmer of Ashwel Batchelor in Divinity, Oliver Boles of Sutton Batchelor in Divinity, Henry Wilkinson of Maddesden Batchelor in Divinity, Thomas Valentine of Chalsont-Giles Batchelor in Divinity, Dr. William Twist of Newbury, William Reynor of Egham, Mr. Hannibal Gammon of Maugan, Mr. Jasper Hicks of Lawrick, Dr. Hoyle late of Dublin in Ireland, William Bridges of Yarmouth, Thomas Wincop of Elesworth Doctor in Divinity, Thomas Goodwin of London Batchelor in Divinity, John Ley of Budworth in Cheshire, Thomas Case of London, John Pyne of Bereserrers, Mr. Whidden of Mooreton, Dr. Richard Love of Ekington, Dr. William Gouge of Black-Fryars, London, Dr. Ralph Brownrig Bishop of Exeter, Dr. Samuel Ward Master of Sidney-College, John White of Dorchester, Edward Peale of Compton, Stephen Marshal of Finchingfield Batchelor in Divinity, Obadiah Sedgwick of Cogshall Batchelor in Divinity, Mr. Carter, Peter Clerke of Carnaby, William New of Estington Batchelor in Divinity, Richard Capel of Pitchcomb, Theophilus Bathurst of Overton Watervile, Philip Nye of Kimbolton, Dr. Brocket Smith of Barkway, Dr. Cornelius Burges of Watford, John Green of Pencomb, Stanley Gower of Brampton-Bryan, Francis Taylor of Yalding, Thomas Wilson of Otham, Anthony Tuckney of Tuckney of Boston, Thomas Coleman of Bliton, Charles Herle of Winwick, Richard Herrick of Manchester, Richard Cleyton of Showel, George Gibbs of Ayleston; Dr. Calibute Downing of Hackney, Jeremy Boroughes of Stepney, Edmund Calamy Batchellor in Divinity, George Walker Batchellor in Divinity, Joseph Carroll of Lincolns-Inn, Lazarus Seaman of London, D. John Harris, Warden of Winchester-College, George Morley of Mildenhall, Edward Reynolds of Branston, Thomas Hill of Titchmarch, Batchellor in Divinity, Dr. Robert Sauunderson of Boothby Pannel, John Foxcrost of Gotham, John Jackson of Marsae, William Carter of London, Thomas Thorough good of Massingham, John Arrowsmith of Lincoln-College, Batchellor in Divinity, James Arch-Bishop of Armagh, Dr. Matthias Styles of St. George Estcheap, London, Samuel Gibson of Burley, Jeremiah Whittacre of Stretton, Dr. Edmund Stanton of Kingston, Dr. Daniel Featley of Lambeth, Francis Coke of Yoxhall, John Lightfoot of Ashley, Edward Corbet of Merton-College, Oxon, Samuel Heldersham of Felton, John Langley of Westendersley, Christopher Tisdale of Uphusborn, Thomas Young of Claverton, Batchellor in Divinity, John Conant of Lymington, Batchellor in Divinity, Henry Hall of Norwich, Batcheller in Divinity, Henry Hurton, Henry Scuddir of Colingborne, Thomas Baylie of Manningsord Bruce, Benjam in Pickering of Easthoateley, Henry Nye of Clapham, Arthur Sallaway of Seavernstoake, Sydrake Sympson of London, Anthony Burgesse of Sutton Cold field, Richard Vines of Colcor, William Grenhill of Stepney, William Moreton of Newcastle, Richard Buckley, Dr. Thomas Temple of Battersey, Josias Shute in Lombard-Street, Batchellor in Divinity, Mr. Nicholson, Thomas Gattaker of Rotherhithe, Batchellor in Divinity, James Weldy of Sylatten, Dr. Christopher Pashley of Hawarden, Henry Tozer Batchellor in Divinity, William Spurstow of Hampden in Bucks, Francis Channel of Oxon, Edward Ellis of Gilsfield, Batchellor in Divinity, Dr. John Hacket of St. Andrews Holborn, Samuel de la Placce, john de la March, Matthew Newcomen of Dedham, William Lyford of Sherborne in Com. Dorset, Mr Carter of Dynton in Com. Bucks, William Lance of Harrow in Middlesex, Thomas Hodges of Kensington in Com. Middlesex, Andreas Perne of Wilby in Com. Northampton, Dr. Thomas Westfield of St Bartholomew le Great, London, Bishop of Bristol, Dr. Henry Hammon of Penshurst in Kent, Nicholas Prophet of Marlborough in Com. Wilts, Peter Sterry of London, John Erle of Bishopston in Com. Wilts, Mr. Gibbon of Wialtham, Henry Painter of Exeter, Batchellor in Divinity, Mr. Michelthwaite of Cheryburton, Dr. Wincop of St. Martins in the Fields, Mr. Price of Paul's Church in Convent-garden, Henry Wilkinson, Batchellor in Divinity, Dr. Richard Oldsworth Master of Emaneul-College in Cambridge, Mr. William Duning of Coldaston, and such other Person and Persons as shall be nominated and appointed by both Houses of Parliament, or so many of them as shall be letted by Sickness, or other necessary Impediment, shall meet and assemble, and are hereby required and enjoyned upon Summons signed by the Clerks of Both Houses of Parliament, left at the several respective Dwellings, to meet and assemble themselves at Westminster, in the Chapel called King Henry VII. Chapel, on the first day of July, in the Year of our Lord, One Thousands Six Hundred Forty Three; and after the first Meeting, being at least of the number of Forty, shall from time to time Sit, and be removed from place to place; and also that the said Assembly shall be dissolved in such manner as by Roth Houses of Parliament shall be directed: And the said Persons, or so many of them as shall be Assembled, or sit, shall have Power and Authority, and are hereby likewise enjoyned, from time to time, during this present Parliament, or until further Order be taken, be Both the said Houses, to confer and treat amongst themselves, of such matters and things, touching and concerning the Liturgy, Discipline and Government of the Church of England, or the vindicating and clearing of the Doctrine of the same from all false Aspersions and Misconstructions, as shall be proposed unto them by Both or either of the said Houses of Parliament, and no other, and to deliver their Opinions and Advise of, or touching the matters aforesaid, as shall be most agreeable to the Word of GOD, Both or either of the said Houses, from time to time, in such manner and sort, as by Both or either House of Parliament. And be it further Ordained by the Authority aforesaid, That William Twist doctor in Divinity shall sit in the Chair as Prolocutor of the said Assembly; and if be happen to Die, or be letted by Sickness, or other necessary impediment, then such other Person to be appointed in his place, shall be agreed on by Both the said Houses of Parliament: And in case any difference of Opinion shall happen amongst the said Persons so Assembled, touching any the matters, that shall be proposed to them as aforesaid, that then they shall represent the same, together with the reasons thereof to both or either the said Housed respectively, to the end such further Ordained by the Authority aforesaid, That for the Charges and Expenses of the said Divines, and every of them, in attending the said Service, there shall be allowed unto every of them that shall so attend, during the time of their said Attendance, and for Ten days before and Ten days after, the sum of four Shillings for every day, at the Changes of the Common-wealth, at such time, and in such manner as by both Houses of Parliament shall be appointed. And be further Ordained, That all and every the said Divines, so as aforesaid required and enjoyed to meet and Assemble, shall be freed and acquitted of, and from every Offence, Forfeiture, Penalty, Loss or Damage which shall or may arise or grow, by reason of any Non-residence or absence of them, or any of them, from his or their, or any of their Church, Churches, or Cures, for or in respect of their said attendance upon the said Service, any Law or Statute of Non-residence, or other Law or Statute enjoyning their attendance upon their respective Ministries or Charges to the contrary thereof not withstanding: And in any of the Persons before-named shall happen to die before the said Assembly shall be dissolved by Order of both Houses of Parliament, then such other Person or Persons shall be nominated and placed in the room and stead of such Person or Persons so dying, as by both the said Houses shall be thought fit and agreed upon: And every such Person or Persons so to be named shall have the like Power and Authority, Freedom, and Acquittal to all intents and purposes, and also all such Wages and Allowances for the said Service, during the time of his or their Attendance, as to any other of the said Persons in this Ordinance named is by this Ordinance limited and appointed. Provided always that this Ordinance or any thing herein contained, shall not give unto the Persons aforesaid, or any of them, nor shall they in this Assembly assume to exercise any jurisdiction, Power, or Authority ecclesiastical whatsoever, or any other Power, than is herein particularly expressed.
Saturday July 1, 1643. The Assembly of Divines first meeting.
This Day was the first Meeting of the Assembly of Divines, at King Henry the Seventh's Chapel in the Abby of Westminster; where a Sermon was Preached unto them by Dr. Twist, their Prolocutor, both Houses of Parliament being present. After which they assembled in the said Chapel, read the Ordinance [before recited] for their Convention, called over the List of the Clergy appointed for that Assembly, 69 then appearing; and the Names of such as appeared not, Were market, and so they Adjourned till Monday, and on Friday following kept a Fast with both Houses.
Votes of Commons, touching a new Great Seal July 4.
- 1. That the Great Seal of England ought to attend the Parliament.
- 2. That the Absence thereof hath been a Cause of great Mischief to the Common-wealth.
- 3. That a Remedy ought to be provided for these Mischiefs.
- 4. That the proper Remedy is, by making a new Great Seal.
The Mischiefs occasioned by conveying away of the Great Seal, and through the want thereof, represented to the Lords at a conference by Serjeant Wild, on Tuesday Oct. 10, 1643.
The Lords stuck at this Business of making a new Great Seal; but at last a Conference being appointed about it, the Commons presented them the following Reasons for the same.
I. It was secretly and unlawfully carried away by the Lord Keeper, contrary to the Duty of his Place; who ought himself to have attended the Parliament, and not to have departed without Leave; Nor should have been suffered to Convey away the Great Seal, if his Intentions had been discovered.
II. It hath been since taken away from him, and put into the Hands of other dangerous and ill-affected Persons; so as the Lori Keeper being lent unto by the Parliament, for the sealing of some Writs, returned Answer; That he could not seal the same, because he had not the Seal in his keeping.
III. That those who have had the managing thereof, have employed it to the Hurt and Destruction of the Kingdom sundry ways, as by making new Sheriffs, in an unusual and unlawful manner, to be as so many Generals, or Commanders of Forces raised against the Parliament; by issuing out illegal Commissions of Array, with other unlawful Commissions to the same purpose; by sending forth Proclamations against both Houses of Parliament, and several Members thereof, proclaiming them Traitors against the Privileges of Parliament and Laws of the Land; by sealing Commissions of Oyer and Terminer, to proceed against them, and other of his Majesty's good Subjects adhering to the Parliament, as Traitors; by sending Commissions into Ireland, to make a Peace or Cessation with the Rebels there, contrary to an Act of Parliament made this Session; besides divers other dangerous and illegal Acts have been passed under the Great Seal, since it was thus secretly convey'd away from the Parliament, whereby great Calamities and Mischiefs have ensued to the Kingdom.
And thro' want of the said Great Seal,
1. The Terms have been adjourned, the Course of Justice obstructed.
2. No Original Writs can be sued for without going to Oxford, which none that holds with the Parliament can do, without Peril of his Life or Liberty.
3. Proclamations in Parliament cannot issue out for bringing in Delinquents impeach'd of High-Treason, or other Crimes, under Pain of forfeiting their Estates, according to the ancient Course.
4. No Writs of Error can be brought in Parliament to reverse erroneous Judgments, nor Writs of Election issued out for chusing new Members upon death or removal of any, whereby the Number of Members is much leilened, and the Houses in time like to be dissolved, if speedy Supply be not had, contrary to the very Act for continuance of this Parliament.
5. Every other Court of Justice hath a peculiar Seal, and the Parliament, the supremest Court, hath no other Seal but the Great Sea of England, which being kept away from it, it hath now no Seal at all and therefore a new Seal ought to be made.
6. This Seal is Clavis Regni, and therefore ought to be resident with the Parliament (which is the Representative Body of the whole Kingdom) whilst it continues sitting, the King, as well as the Kingdom, being always legally present in it, during its Session.
Hereupon the Lords the next day declared their Assent to the making of the new Great Seal, and so there passed the following Ordinance.