House of Lords Journal Volume 6: 26 June 1643

DIE Lunæ, videlicet, 26 die Junii.

PRAYERS.

Earl of Manchester, Speaker.

Ordinance concerning Lady Campden's Estate.

The Ordinance concerning the Lady Viscountess Campden's Estate was read, and Agreed to.

(Here enter it.)

Countess of Bath's Horses to be restored.

Officers sent for, for taking them.

Upon the Petition of the Countess of Bath; complaining, "That, notwithstanding an Order of both Houses for protecting of her Two Coach-horses, yet some Soldiers of Mr. Martin's came lately, and took the same away; and the Horses are seen in Hackney Coaches in London:" Hereupon this House Ordered, That the Captains, &c. that took away the said Horses shall appear forthwith before this House, to answer the same.

Earls of Bedford and Portland, against the Rioters at Whittlesea.

Upon hearing the Counsel on both Sides, (fn. 1) in the Cause concerning the Earls of Bedford and Portland, touching a great Riot committed by divers Persons of Wittlesea, "That, contrary to the several Orders of this House for quieting the Possession, they, by the Tolling of a Bell, gathered together One Hundred and Fifty Men; and, though the said Manors were inclosed by Consent of all Parties, yet they with armed Men threw down the Ditches, cut down the Rape and Cole growing upon the Ground, cut down Woods, pulled down Houses, and threatened, if any did refuse to help them, they would plunder them; and, when a Justice of Peace came to prevent the Riot, they said he was but a Parliament Justice; and the Riot grew to such a Danger, that some Part of the Parliament Forces were brought to quiet the said Riot and unlawful Assembly, and that the Orders of this House were publicly read in the Churches.

"The Names of the Delinquents are these:

The Judgement.

Their Lordships, having heard the Counsel and Witnesses on both Sides, and considering the several Circumstances, were (fn. 1) of Opinion, "That the Defendants were guilty of this Riot, and Disobedience to the Orders of this House."

It is Ordered, That the Delinquents shall be bound to the good Behaviour, and give Security that they shall not disturb the Possession of the Earls of Bedford and Portland in a riotous Manner; that the Possession shall be continued in the Earls of Bedford and Portland; and that their Lordships do leave the Defendants to take their due Course in Law, for trying of the Title; and that the Defendants shall continue in Prison until they find Sureties as aforesaid; and that this Order shall be published at Cambridge, Huntingdon, Ely, Wisbich, and Wittlesea.

Message from the H. C. to expedite the Ordinance for raising Horses.

A Message was brought from the House of Commons, by Mr. Stroude:

To let their Lordships (fn. 1) know, that, in regard of the great and imminent Danger of the King's Forces that threaten to come to London, they desire their Lordships to expedite the Ordinance for listing of Horses, which is of so great Consequence and Safety to the Parliament and City; and this the rather because of the Petition of the City of London to this Purpose, which the House of Commons brought up to their Lordships lately.

The Answer returned was:

Answer.

That their Lordships will take the Ordinance for listing of Horses into Consideration, and send an Answer by Messengers of their own.

Proclamation by the King, That this is not a free Parliament, and that He will receive nothing from both Houses.

The Lord Viscount Say & Seale acquainted the House, "That he, on Saturday last, received a Letter from the King, wherein was inclosed a Proclamation of His Majesty's;" which was read. (Here enter the Proclation.) And it being a Declaration, "That this was no free Parliament, and that whatsoever came to Him as in Name of both Houses of Parliament He would not receive;" the House, taking this into serious Consideration, Resolved, To communicate this Proclamation to the House of Commons, with their Lordships Sense thereupon; and to desire that a Committee of both Houses may be appointed, to consider of a Declaration, in Answer to this Proclamation.

Committee to prepare Heads, for a Conference concerning an Answer to it.

The Earl Northumb.
E. Holland,
E. Pembrooke, and the
L. Viscount Say & Seale,

Were appointed to consider of what is fit to be communicated to the House of Commons, as the Sense of this House.

Message to the H. C. for this Conference.

A Message was sent to the House of Commons, by Sir Edward Leech and Doctor Heath:

To desire a present Conference, concerning a Proclamation of His Majesty, of a very high Consequence.

The Answer returned was:

Answer.

That the House of Commons will give a present Conference, as is desired.

Countess of Newport's Trunks to be searched.

Ordered, That Colonel Moore may search the Countess of Newport's Trunks; and, if he find nothing but Cloaths, then the said Trunks may be permitted to pass.

Protection for Nonsuch Park.

Ordered, That there shall be a Protection, to (fn. 2) prevent the killing and destroying the Deer, in the Great Park of Nonsuch.

Sir Walter Devereux and Sir William Withypoole.

Upon reading the Petition of Sir Walter Devereux Knight and Baronet, and Leycester Devereux his Son, and Eliz. his Wife: It is Ordered, That a Copy of this Petition shall be sent to the Lady Lacy, who is required to send the same to Sir Wm. Withypoole, who is to give an Answer to the said Petition by the First Day of August next.

Report from the Committee, of Heads for a Conference concerning an Answer to the King's Proclamation, That this is not a free Parliament.

The Lord Viscount Say reported to the House, from the Committee, the Sense of the House, to be delivered to the House of Commons at this Conference:

"The Lords do apprehend that, by the Proclamation, this Parliament being declared to be no free Parliament, and that the People are required thereby not to look upon the Votes or Actions of the Persons now remaining as upon the Two Houses of Parliament; this is destructive, as to the present Parliament, and all Acts therein, so also therein to the established Government of this Kingdom; which Declaration being maintained and pursued by Force, the Lords do conceive themselves bound to defend this present Parliament, and to maintain the Freedom thereof, with their Lives and Fortunes, (fn. 3) and are resolved so to do; They think it fit also that a Declaration be made, to that Purpose, to all the Kingdom, and to invise therein all Englishmen, both of the Nobility, Gentry, and Commons, to join with them; assuring such as shall do so, that they shall be embraced and received into the Protection of the Parliament, and acknowledged as those who have done a good Service to the State, except it be such Persons whom we shall find to be the Contrivers of these destructive Counsels, those to be named and excepted in the Declaration; and, to this End, to desire that a Committee of both Houses may (fn. 3) be named, to meet, to draw the Declaration up; their Lordships being Resolved to name Four Lords."

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

Ordinance for applying the Legacies left by Lady Campden, to the Public Service.

"Whereas the Lords and Commons have taken Notice, that Elizabeth Viscountess Campden Dowager, by her last Will and Testament, gave sundry Legacies to divers Persons, some whereof (as they have likewise taken Notice) have been, and some are, in Arms against the Parliament, and to other Persons ill-affected to the Parliament, and made Henry Roll Serjeant at Law, and Mr. Thomas May her Brother, Executors of her said last Will and Testament; which said Mr. Serjeant Roll hath refused to administer, and the said Thomas May hath been called before the Committe at Haberdashers Hall, which said Committee had Power to sequester the Monies and Plate by the said Will given to several Persons in the said Will mentioned; and the said Thomas May, in the Behalf of himself and of all other the Legatees in the said Will named, hath applied himself to the said Committee, and to the House of Commons, and hath offered to make Payment of Five Thousand Pounds, to be disposed of as both Houses of Parliament shall Order, in full Discharge of all Legacies given by the said Will, to any Person or Persons that are or have been in Arms against the Parliament, or ill-affected to the same; so as he, his Executors and Administrators, may, by an Ordinance of both the said Houses, be secured and saved harmless against such Person and Persons, and all and every the Legatees in the said Will named, their Executors, Administrators, and Assigns, for and concerning the said Five Thousand Pounds, which is accordingly already paid: It is therefore Ordained, by the Lords and Commons in this present Parliament assembled, That the said Thomas May, his Executors and Assigns, for and in Consideration of the said Sum of Five Thousand Pounds already satisfied and paid, shall and may, without any other or further Demand, Question, or Molestation, of or by both Houses, or either House of Parliament, or any Committee or Committees of Parliament, or other Person or Persons mediately or immediately deriving any Power or Authority from both or either Houses of Parliament, have, sue for, possess, enjoy, and dispose, all such Goods and Chattels whatsoever, as is, shall, or may come to the Hands, Disposition, or Administration of the said Executor, or of any other Person, by virtue of or according to the Meaning of the said last Will; and may and shall, without any Danger, Forfeiture, or Penalty, freely make Payment of all and every the Legacies in or by the said Will given: And the said Lords and Commons do further Ordain, That the said Thomas May, his Executors, Administrators, and Assigns, shall be acquitted and discharged against the said Legatees, for and concerning the Payment of the said Five Thousand Pounds as aforesaid; and that the said Will, and such Books as are in the Hands of the Committee of Sequestration, seized by them in the Lady Campden's House, be redelivered to the Executors."

"A Proclamation, warning all His Majesty's 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 Majesty's Gracious Offer of Pardon to the Members of both Houses, and of Protection to such of them as shall repair to Him.

The King's Proclamation, That this is not a free Parliament, and that He will receive nothing from both Houses; offering a Pardon to such as will go to Him, some Members excepted.

"Whereas We have been long since driven, by Force and Violence, from Our Palace at Westm. (the Place of Sitting for Us and Our Two Houses of this Parliament), so that We could not with Safety of 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 threatened 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 Our Life from Us in a set Battle, but the same, and other Forces raised by the like Means, have committed all the Acts of Outrage, Robbery, and Murther, upon Our good Subjects, throughout the Kingdom, and still continues 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 of Our Two Houses of Parliament, some seditious Persons assume to themselves (with the Assistance of those rebellious Armies, and of 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 Subject, and to alter the whose 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 knew 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; well hoping that the Sense of the miserable Dictractions of the Kingdom would at Length have brought them to discern where they had erred; and 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 Parliament, would at last have so far prevailed, that a right Understanding might have been begotten between 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 settled 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 kept 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 die 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 Destruction of the Church) are grown the Superintendents over both Houses, and obtrude upon them what Conclusions and Resolutions they please; that they take upon them to justify 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 negociate and treat with them in their own Names; to imprison Our (fn. 4) 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 seditious Preachers in their Places, to poison the Hearts of the People; to countenance the vilifying of the Book of Commonprayer 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 insupportable Weekly Taxes for the Maintenance of their rebellious Army, and by endeavouring to lay odious Excises upon Victuals, Goods, and Merchandize of Our People, for the same Purpose; whilst they suffer Our Poor Protestant Subjects of Our Kingdom of Ireland, whose Defence was undertaken by Our Two Houses, and that Army raised for the suppressing that horrid Rebellion to be starved, and in Danger of disbanding, or necessitated to desert that Kingdom, for Want of Money, Victual, and such other Necessaries as were to be provided for them, by Act of Parliament, out of those Monies which they have spent to destroy Us, and this Kingdom; by exacting from Merchants Tonnage and Poundage, and other Impositions upon Merchandizes as well Native as Foreign, contrary to an Act made this present Parliament, with a Penalty of Præmunire on those who shall pay or receive it; and lastly, that they have (after the breaking of the late Treaty by a peremptory re-calling 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 have 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 Distempers; and hath maliciously, and in Contempt of Us (and after an Attempt to Murther 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: 'T is 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 Liberty all Men must confess to be taken away from this Assembly, when they remember the great Tumults brought down to awe and terrify both Houses, and that they were then brought down when a 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 Whitehall, where Our own Person then was, and designed by Force to have surprized 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 threatened and menaced, that the Names 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 hath 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 Reason but because their Opinions have not been liked; that Our Negative Voice (Our greatest and most Sovereign Privilege) is boldly denied; that a presumptuous 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 Subject, 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. Strode, Mr. Martin, and others, the whole Number not exceeding 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 desiring nothing but to bring the Contrivers of all the aforesaid Mischiefs to their Trial by Law; and, till that be submitted to, We must pursue them by Arms, or any other Way, in which all Our good Subjects ought to give Us Assisstance to that Purpose; the imagining the Death of Us, Our Royal Consort, or Our Eldest Son, the levying War against Us in Our Realm, or adhering to Our Enemies in Our Realm, giving to them Aid or Comfort, the counterfeiting Our Great Seal or Money, being, by the express Words of the Statute of the 25th Year of King Edward the Third, Chap. 2. High Treason; and how applicable this is to those who have borne Arms against Us, and to those who have consented that such Arms be borne, 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 assist, vote, or concur in any kind, toward the maintaining or 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 expected 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 both 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 chosen 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 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 Subject, and the Preservation of the Liberty, Freedom, and Privileges of Parliament; and, that all the World may see 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 Warwicke, Edward Earl of Manchester, Henry Earl of Stamford, Wiliam Viscount Say & Seale, Sir John Hotham Knight and Baronet, Sir Arthur Haslerigg Baronet, Sir Henry Ludlowe, Sir Edward Hungerford, Sir Francis Popham, Knights, Nathaniell Fines, John Hampden, John Pym, William Strode, Henry Martin, and Alexander Popham, Esquires, Isaack Penington 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 this Our Proclamation, return to their Duty and Allegiance to Us: And lastly, We further enjoin 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 free from the foul Taint of High Treason, and as they tender the Peace of this Kingdom, that they presume not to give any Assistance to the beforementioned rebellious Armies, in their Persons or Estates, in any sort 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 Kingdom.

"Given at Our Court at Oxford, the 20th Day of June, in the Nineteenth Year of Our Reign."

Adjourn.

House adjourned till 10 ^a cras.