DIE Lunæ, 6 Junii.
PRAYERS.
The following Papers read.
A Letter was read, directed to the Speaker, from
the Lord Howard. (Here enter it.)
Next, a Message sent to the Committees at Yorke, from
the King, by the Earl of Newport, and the Answer of
the Committees thereto.
Next, [ (fn. *) was read] a printed Speech, or Declaration,
by the King, to the Country. (Here enter it.)
King's Message to the Committees at York.
The Earl of Newport delivered this as a Message from
the King:
"That His Majesty did command us, that we should
not go into the Field, nor appear at all this Meeting."
Answer of the Committees.
"We desired him to return to His Majesty this Answer: That we would obey His Commands herein at
this Time; but that we protested it was a very high
Breach of our Liberty, as we were Subjects and Yorkeshiremen.
"That we humbly conceive that, for the present, we
were under Restraint, as Prisoners; not having deserved
any such Affront or Punishment by any Thing that we
had said or done.
"That there were divers Parliament Men here, who,
we were confident, had not done so good Service to His
Majesty, in endeavouring the Peace of the Kingdom, as
we had; who were not only admitted to this Meeting,
but had much Respect from His Majesty, while we
suffered under these undeserved Injuries.
"That though, for the present, We should stay
from going thither, yet, if any Thing should happen wherein our Service might be required by our
Instructions, we must and would be ready to come
and perform it."
The House Resolved, To communicate these to the
House of Commons.
A Message was sent to the House of Commons, by
Serjeant Whitfeilde and Serjeant Glanvile:
Message to the H. C. for Conference about these Papers.
To desire a Conference, by a Committee of both
Houses, touching a Letter received from Yorke, and a
printed Declaration of the King's, published at Yorke.
Subject of the Conference.
The Speaker was appointed to read the Letter, and
to acquaint them with the Declaration, and let them
know, "That their Lordships are (fn. *) of Opinion, and
think it fit, that some Declaration, in Answer to the
King's, be printed and dispersed through this Kingdom."
L. Howard's Letter to the Speaker.
"My Lord,
"According to the Commands of the House, we
presented your Petition and Propositions to the King,
Yesterday Morning: He heard them read, and told
us He would take Time to consider of an Answer.
I doubt not but the House will expect from me an
Account of the Great Meeting Yesterday; yet I do
believe that no Man can fully satisfy to what it tended,
or make any Judgement thereon, what Sense the
Country had on it; for as nothing was offered to
them by Way of Proposition, so nothing was said
by them, only that divers Times there was made a
very great Shout or Noise: A printed Speech there
was read, in divers Places of the Field, which some
heard; but many Thousands went away, saying they
could give no Account of the Cause of their being
called together. The Number was very great,
thought to be about Forty Thousand. The King
came to the Place, with the Prince, the Duke of
York, the Prince Elector, most of the Lords that are
in Town, the Regiment of Trained Bands, His Guard
of Horse of this County, His own Servants, and the
Soldiers that are about the Town; with whom He
rid about the Field, stayed a little; and so departed.
A Petition was offered to His Majesty, by Sir Tho.
Fairefax, in the Name of many of these Inhabitants
of this County; but it was not accepted. There were
but few of the Gentlemen at this Meeting, excepting those who have put themselves upon the King's
Guard; this Summons being intended by His Majesty only for the Ministers, Freeholders, Copyholders, and Farmers. We continue still to suffer
by the King's Displeasure; for, when we were ready
to take Horse, and accompany our Countrymen, it
pleased His Majesty to send the Earl of Newport to
us with a Message, which, because I would give you
punctually, I have set it down in a Paper, which I
have sent here inclosed, and likewise our Answer
which we returned by him to His Majesty: This
Answer we resolved to make, and to stay at our
Lodgings; the Place of the Meeting being very
near, and divers of our Servants there, who we directed to give us particular Notice of what passed;
so that, if there had been Occasion, we could presently have been upon the Place, to have done any
Thing which had concerned our Duties.
"We are informed, that the Earl of Newport hath,
by His Majesty's Command, sent forth Warrants, that
the Recusants Arms, deposited in any Part of this
County, shall be brought to Yorke, for His Majesty's
Service: This being (as we conceive) of some Consequence, I thought it my Part to acquaint the House
therewith; and shall ever remain
"Your Lordship's most humble Servant,
Yorke, 4th of June, 1642.
"Edw. Howard.
"To the Right Honourable the
Speaker of the House of
Peers for the Time being."
The Messengers return with this Answer:
Answer from the H. C.
That the House of Commons will return an Answer
to the Message, by Messengers of their own, in convenient Time.
Sir Philip Manwaring and L. Loftus.
Ordered, That Sir Phillip Manwaringe shall seal
such Assurances to the Lord Viscount Loftus, as he
ought to do by virtue of the Order of this House, by
Saturday next.
A Message was brought from the House of Commons:
Message from the H. C. that they agree to the Conference;
1. They will give a Conference, as their Lordships
have desired.
2. They desire, at the same Time, a Conference
touching some Letters and Intelligence as they have
received from Yorke.
about a Declaration in Answer to the King's Proclamation about the Militia; and to sit P. M.
3. That (fn. *) they desire to offer, at this Conference, a
Declaration in Answer to the King's Proclamation concerning the Militia.
4. The House of Commons desires their Lordships
to sit this Afternoon.
The Answer returned was:
Answer to the H. C.
That this (fn. †) House agrees with the House of Commons
in all the Particulars of this Message.
House adjourned during Pleasure, and the Lords
went to the Conference.
House resumed.
Post meridiem.
PRAYERS.
The Lord North was appointed to be Speaker
this Afternoon.
Conference about Papers from York reported.
The Lord North reported the Conference this Morning with the House of Commons:
"1. They presented to their Lordships a Petition of
the County of Yorke, which the King refused from
the County.
(Here enter it.)
"2. Next, was read a Petition of the Gentry, etc.
of the County of Yorke to the Parliament.
(Here enter it.)
"3. Was read a Letter of Sir John Bourchier to Sir
Thomas Barrington.
(Here enter it.)
"4. Was read the Deposition of Wm. Kinges.
(Here enter it.)
"5. Next, was read the Resolutions of the House of
Commons.
(Here enter them.)
Desires of the H. C. at this Conference.
"The Desires of the House of Commons was, to
join in these Votes, and that their Lordships would
send for the Two Lords; videlicet, The Lord Great
Chamberlain (fn. *) "
Resolutions upon them reported.
To the First: Agreed to.
To the Second: Agreed to.
To the Third: Agreed to.
And this House thought it fit, that Thanks should
be given to the Country; and to express that this House
will adhere to them in their Desires; and that a Committee should consider of the drawing of that (fn. *) which
should be presented to the King.
6. Agreed to; and referred to the Committee to
draw it up.
7. To the Seventh: Agreed to.
8. To the Eighth: Agreed to.
9. Agreed to.
E. of Lindsey and L. Savill to be apprehended;
Ordered, The Lord Great Chamberlain and Lord
Savill shall be apprehended by the Sheriff of Yorkeshire and the City of Yorke; and be conveyed, from
Sheriff to Sheriff, to this House.
and Captain Mynne.
Ordered, That Captain Mynne shall be apprehended
in the same Manner as the Lord Lyndsey and the Lord
Savill.
Committee to consider of the Desires of the H. C.
Lords Committees appointed to consider of this whole
Message:
|
Admiral.
Say.
Essex.
Holland.
Pembrooke.
Leycester.
Bedford.
Bollingbrooke. |
Wharton.
Robarte.
Pajet.
Mandevile.
Hastings.
St. Johns.
L. Grey.
L. Hunsden.
L. Spencer. |
Ordered, That any Five do meet To-morrow Morning, at Eight a Clock, and at what other Time they
please.
"6. Was read the Proclamation, forbidding all His
Majesty's Subjects belonging to the Trained Bands or
Militia to raise, march, etc. (Here enter it.)
"7. Was read a Declaration of both Houses against
the Proclamation of the King, as being illegal."
Petitions of Yorkshire to the King and Parliament to be printed.
Ordered, That the Two Petitions shall be forthwith printed and published; and that these Lords following shall consider of what shall be printed with it,
by Way of Narrative, to the County of Yorke, and to
the King in their Behalf:
Committee to consider of a Narrative to be printed with them.
|
E. Essex.
L. Viscount Say & Seale.
L. Admiral. |
E. Leycester.
E. Holland.
L. Robartes.
L. Wharton. |
And the Lord Robartes was appointed to consider
of what Amendments is to be made in the Declaration
brought up this Day from the House of Commons,
concerning the King's Proclamation.
And the Amendments, being reported, were approved of.
A Message was brought from the House of Commons,
by Mr. Strode:
Message from the H. C. about Lord Coventry's Waggon being stopped with Arms at Wickham;
1. To acquaint their Lordships, That they having
formerly received Information of a Waggon stayed at
Wickham, and since they have received some Information by Letter that it belongs to the Lord Coventry;
therefore they desire it may be stayed, in regard the
Lord Coventry is in the North, and the Waggon is supposed to be laden with Thirty Muskets.
A Particular of the Goods was read.
for Colonel Beeling to be strictly watched in The Tower;
2. The House of Commons desires, That whereas
Colonel Beeling is committed to The Tower by their
Lordships, they having received further Information
concerning him, they desire that a more strict Charge
may be given to the Lieutenant of The Tower, and he
may be committed to his Charge.
Joined with the House of Commons herein.
and for a Conference about the Ordinance for raising Men for the Sea Adventure.
3. To desire a Free Conference, touching the Ordinance for raising of Men, by the Adventurers of the
additional Forces by Sea.
L. Coventry's Waggon to pass, but the Arms stayed.
This House was informed, "That the Lord Coventry
was furnishing of his House in Worcestershire with
Marble Chimney-pieces, etc. and sends down some
Arms only for his House, for the securing of it:"
Therefore the House thought it fit to acquaint the
House of Commons herewith; and Resolved, To have
the Trunks and the Goods to be permitted to pass;
but the Muskets to be stayed until the further Pleasure
of this House be known.
The Messengers had this Answer returned:
Answer to the H. C.
That this House agrees with them in the Particular
of their Message concerning Beeling; and likewise will
give them a Free Conference, concerning the Ordinance touching the Sea Adventurers; and touching the
Lord Coventry, their Lordships will give them an Answer, by Messengers of their own.
Message to the H. C. for the Particulars about L. Coventry.
A Message was sent to the House of Commons, by
Mr. Serjeant Whitfeild and Serjeant Glanvile:
To desire that, at this next Conference, they may give
them an Answer touching the Particular concerning
the Lord Coventry.
Narrative to be printed with the Yorkshire Petitions.
The Earl of Essex reported what the Committee
thought fit to be printed with the Petition of Yorkeshire; which the House approved of.
(Here enter it.)
House adjourned during Pleasure, and the Lords
went to the Conference; which being resumed, the
Lord North reported the Effect of the Conference.
This Report to be made To-morrow Morning.
All Business, except the Irish, deferred till the Proceedings at York are debated.
Ordered, That this House will put off all other
Business but the Business of Ireland, until the Business of this last Message be dispatched, and their
Lordships vindicated themselves for the Proceedings at
Yorke.
A Message was sent to the House of Commons, by
Sir Edward Leech and Mr. Page:
Message to the H. C. for a further Conference.
To desire a Conference, touching the whole Conference this Morning.
The Addition printed, with Yorkshire Petitions.
"The Lords and Commons, observing not only the
Wisdom but the Affections of the Inhabitants of the
County of Yorke, expressed in those Petitions, and
likewise that they cannot be discouraged from their
constant Fidelity to the Laws and Government of this
Kingdom, which have their Life and Being from the
Parliament, have thought it fit to declare their good
Acceptations of their Affections; assuring them, that
they will interest themselves in these their Demands,
which tend to the Honour and Safety of His Majesty, the Peace of the Kingdoms, and may prove an
effectual Means to keep us from the desperate Mischiefs which those Lords that opposed this Petition
would have brought this Kingdom unto."
Subject of the Conference.
The (fn. *) Subject of the Conference was to be, "To let
them know, that this House agrees with them in
their last Message; and that this House hath made
an Addition, to be printed with the Two Petitions,
and hath made an Amendment to the Declaration;
and have appointed a Committee, to consider of the
Matter of the whole Message: and have sent for Captain Mynnes as a Delinquent."
House adjourned during Pleasure, and the Lords
went to the Conference; which being ended, the House
was resumed.
Bedfordshire Militia to be put in Execution.
Ordered, (fn. †) That the Earl of Bollingbrooke, Lord
Lieutenant of the County of Bedford, shall put into Execution the Ordinance of Parliament for the Militia on
Wednesday come Fortnight.
A Message was brought from the House of Commons,
by Sir H. Vane:
Message from the H. C. for Committees to meet about the Yorkshire Business, and that Proceedings may be printed.
To let their Lordships know, that the House of Commons agrees in the Amendments and Additions now sent
down; and that they have appointed a Committee of
their House, to join with a Committee of Lords, to
consider of the whole Message brought up this Day,
concerning the Business of Yorke; and the House of
Commons desires their Lordships to join with them, that
they may be printed and published.
"The Information of Wm. Kinge, the Messenger, that (fn. *) was sent to attach Beckwith.
"June 2.
Wm. King's Information, who was sent to attach Beckwith.
"His Majesty commanded me to read the Warrant
from the House of Commons; which I did, Beckwith being present: Whereupon His Majesty commanded me to return this Message to the House of
Commons:
"1. That the Warrant was against the Petition of
Right; for every Warrant ought to express the
Cause wherefore he is sent for.
"2. If it were for his being a Recusant, he should
answer for it in this Country.
"3. If it were for any other Delinquency (which
He did partly imagine what it was), when the House
of Commons would do Him Justice against Sir Jo.
Hotham, then He would do them Justice against Beckwith.
"He further asked me, if I had any more Warrants
to serve there."
"The House of Commons had received further Information, That, on Thursday last, at Two a Clock
in the Afternoon, a Messenger from the Parliament
arrested one Mr. Beckwith, a Papist, who lives about
Beverly (the Actor, with his Son-in-Law, to have
Hull delivered to the King): The Messenger was
thrown down a Pair of Stairs by one Captain Myn;
at the Bottom he was kicked by many others; and it is
thought would (fn. †) have been slain, if the Lord Howard
and Sir Phillip Stapleton had not presently come, who
charged the Constables to raise Aid, and carried him
and the Messengers to the Court, and did let His
Majesty know all: The King did release Beckewith,
and committed the Messengers to His Guard's safe
keeping.
"Resolved, upon the Question, by the House of Commons,
E. of Lindsey an Enemy to the State.
"That this House doth declare the Earl of Lyndsey
to be a Public Enemy to the State, and an Incendiary between the King and His People."
Ordered, That this House agrees with the House
of Commons in this Vote.
"Resolved, &c.
And L. Savill.
"2. That this House doth declare the Lord Savill
to be a Public Enemy to the State, and an Incendiary between the King and His People."
Ordered, That this House agrees with the House
of Commons in this Vote.
"Resolved, &c.
York Petition to the King approved of.
"3. That this House doth approve of this Petition
from the Gentry, Ministers, and Freeholders of the
County of Yorke, endeavoured to be presented unto
His Majesty the 3d of June last."
Petitioners thanked, and the King to be moved in their Behalf.
Agreed to; and this House thought it fit that Thanks
should be given to the Country; and to express, "That
this House will adhere to them in their Desires;" and
that a Committee of both Houses (fn. ‡) be appointed, to
consider of the drawing up something to be presented
to the King, in their Behalf.
"Resolved, &c.
Petitions from York, and the Additions to be printed.
"4. That this Petition from the Gentry, Ministers,
and Freeholders of the County, and the Petition to
both Houses, and the Narrative of the Endeavours
to present it to His Majesty, be printed and published."
Ordered, That this House agrees to this Vote.
"Resolved, &c.
York Petitioners to be satisfied.
"5. That the Lords be moved, to join with the House
of Commons, in some fit Way of the satisfying the
Desires of the Gentry, Ministers, and Freeholders,
of the County of Yorke, expressed in their Petition
concerning the Preservations of their Liberties and
the Peace of the Kingdom, and for the procuring an
Acceptance from His Majesty of their Petition."
Agreed to.
"Resolved, &c.
The King's Arms not to be carried to York.
"6. That some Course may be taken, to prevent the
carrying of the King's Arms to Yorke."
Agreed; and referred to the Committee to draw
it up.
"Resolved, &c.
Narrative to be made of the Injuries offered the Messengers sent to attach Beckwith.
"7. That a Narrative be made of the Injuries offered
unto the Messenger of the House of Commons, in
the apprehending of Mr. Beckwith, a Recusant."
Agreed to.
"Resolved, &c.
Sir Joseph Bourchier's Letter to Sir Thomas Barrington to be printed.
"8. That the Letter sent to Sir Thomas Barrington,
from Sir John Bourcher, be read at this Conference;
and that the Letter be printed."
Agreed to.
"Resolved, &c.
Committee to consider of the whole of this Conference.
"9. That a Committee of both Houses be appointed,
to consider what is fit to be done upon the whole
Matter represented at this Conference."
Agreed to.
Yorkshire Petition to the King.
"To the King's Most Excellent Majesty.
"The humble Petition of the Gentry, Ministers,
and Freeholders, and other Inhabitants, of
the County of Yorke,
"Sheweth,
"That this particular County (most affectionate to
Your Majesty's Service) hath willingly, for Three Years
last past, been the Stage whereon the Tragical Miseries, which necessarily accompany War and Armies,
have been represented and acted, whereby the general Wealth and Plenty of this County is exhausted,
and brought very low; which Weight of Miseries
are sensibly become much more heavy, by Reason of
Your Majesty's Distance in Residence, and Difference
in Counsels, from Your Great Council the Parliament, begetting great Distempers and Distractions
throughout the Kingdom, and have especially amongst
us produced Factions and Divisions, drawing to these
Parts great Numbers of discontented Persons, that,
may too justly be feared, do affect the Public Ruin for
their private Advantage; all which Evils are daily somented, and grown more formidable, by Your Majesty's drawing together (as we conceive, not according to Law) many Companies of the Trained Bands,
and others, both Horse and Foot, of this County,
and retaining Multitudes of Commanders and Cavaliers from other Parts, and by the daily Resort of
Recusants, and Persons disaffected in Religion, to
Your Majesty's Court at York, and by the great Preparations of Arms and other Warlike Provisions;
which begets in us Fears of Wars, to the great
Terror and Amazement of us Your Majesty's peaceable Subjects, and the great Decay of all Commerce
and industrious Courses for the Wealth and Prosperity
of the Country, especially of Cloathing, which is the
main Subsistance of this County, and is, since Your
Majesty's Residence with us, and the following Distractions thereupon, suddenly obstructed, insomuch
that many Thousand Families, who are of, and have
their Livelihood by, the Trade of Cloathing, are at
the Point of utter Undoing; which inevitably will
prove to be of dangerous Consequence, and will be
the Inlet to our approaching and unavoidable Ruin,
unless Your Majesty please graciously to give Redress,
by removing the Causes which produce these miserable Effects; it being too true, that very many, in
these and other Parts of the Kingdom, do wholly
withdraw themselves from their former Commerce
and Dealing; and others, both Merchants and Chapmen, do now generally refuse to make Payments for
Goods long since sold and delivered; alledging that
others refuse to pay them for any Commodities formerly sold, till the Fears and Distractions of the
Land be settled; which, if not suddenly prevented,
will forthwith overturn all such Ways of Advantage
and Comfort, as have formerly made this Kingdom
(and this County in particular) prosperous and happy.
"We do therefore, in all Humility and Duty, in
the Sense of our deplorable Condition, beseech
Your Majesty to pardon us, if we importune
Your Majesty more than others, since we have
endured, and are in Hazard, more than any;
and that, from these Apprehensions, we may
offer to Your Majesty our earnest Petitions,
for Redress and Prevention of these Evils,
daily threatening Danger to Your Majesty,
and Destruction to us; which, we conceive,
is impossible any other Way to be effected than
by Your Majesty's entertaining a right Understanding betwixt Yourself and Parliament, and
affording Your gracious Ear and Consent to
such Counsels and Propositions as shall be
tendered by them to Your Majesty, for the
Honour and Greatness of Your Majesty and
Posterity, and the Good of this Church and
Kingdom; and by Your Majesty's declining
all other Counsels whatsoever, and putting
Your Confidence (fn. *) in Your Parliament; and
that Your Majesty would in no Way think fit
to put us upon that Rock of denying the Duty
we owe to Your Majesty, Your Parliament,
and the whole Kingdom, to which we are so
deeply engaged by our Protestation, which
Your Majesty (to our Knowledge) never dissented from, nor declared against; and that,
whilst Your Majesty expects our Performance
in one Part thereof, we may not (being equally
engaged) impeach at all, or in the least Degree
go less than our Duty in, the other; which,
we stand resolved of, by no Means either of
Fear or Favour to be drawn to do; and that
Your Majesty would take into Consideration,
that Your Parliament being the Supreme Judicatory of Your Kingdom, the very Essence
thereof must of very Necessity be destroyed,
if their Counsels and Determinations be subjected to Alteration or Reversal by the Counsels or Opinions of any Private Persons, how
learned or judicious soever: And seeing Your
Majesty hath most graciously passed an Act,
That this Parliament shall not be dissolved nor
adjourned, (fn. †) without Consent of Your Majesty and both Houses; we do humbly beseech
Your Majesty to take into Your gracious and
provident Thoughts, that nothing may be
done tending thereunto; and that the Lords
and Great Officers, now called hither by
Your Majesty's Command, may speedily return to the High Court of Parliament, whereby
it may be evident to the World that Your
Majesty intends not to decline the Law so
enacted; and that, since Your Majesty hath
graciously declared Your Confidence in the
Affections of this County, Your Majesty
would not think it fit an extraordinary Guard
should be raised thereout, and the Cavaliers
and others of that Quality still continued
about Your Majesty (as Men most useful, and
as if kept for some Design); they not having
(for aught we know) either Interest in, or
Affections to, the Public Good; their Language and Behaviour speaking nothing but
Division and War, and their Advantage consisting in that which is most destructive to
others.
"And lastly, that, since Your Majesty hath called
in this County to attend Your Majesty this
Day, Your Petitioners do most humbly supplicate, that none, either Cavaliers or others
(who in Truth have not present Fortunes in
this County), may be admitted into any Meeting this Day, concerning the Public Business
thereof, or hereafter into any present Vote
or Consultation, when any further Meeting
may be, to prepare and consider of some fit
Answer to what Your Majesty shall propound;
we humbly conceiving it neither just nor equal
(but a Thing to be protested against), that any
whosoever should be thrust upon us as Men
of this County, that are not, neither by their
Fortune or Residence, any Part of us.
"And now Your Petitioners do most heartily
pray, that the God of Heaven, in whose
Hands are the Hearts of Kings, would this
Day incline Your Majesty's Heart seriously to
consider these present and imminent Miseries
that this Your Kingdom lies under; in the
Peace whereof visibly (under God) consists the
Preservation of the Protestant Religion, the
Redemption of our Brethren in Ireland, and
the Establishing of that Kingdom to Your
Majesty and Posterity, from those desperate
and unparalleled Rebels; that so Your Majesty
might graciously grant these Your Petitioners
humble Desires, which (whatsoever will be
said to the contrary) Your Petitioners are well
assured would abundantly redound to the Glory
of God, the Honour and Safety of Your
Majesty, the Good of Your Posterity, and
the only probable Means, under God, with
Peace and Plenty to make this Your Kingdom
happy, besides the happy Acquisition of Your
People's Hearts, the greatest Treasure of
Princes; all which will gloriously represent
Your Majesty's lively Portraiture of Him who
is the Fountain of Wisdom and Piety; to
whom we shall ever pray for Your Majesty's
long and prosperous Reign."
Yorkshire Petition to both Houses.
"To the Right Honourable the Lords and Commons in the High Court of Parliament assembled.
"The humble Petition of the Gentry, Ministers,
Freeholders, and other Inhabitants, of the County
of Yorke, assembled there, at His Majesty's Command, the 3d of June 1642.
"We, being resolved humbly to petition His Majesty
for the Redress of these Grievances which we now
lie under, did desire to have met in the Castle Yard
at York, we conceiving it the fittest Place to consider
of such Public Affairs as concerned the County; which
we were not only denied of, but Charge was given
to the Officer there, that we should not have Admittance: And when we assembled upon the Place appointed by His Majesty, and did acquaint the County
there met with the Form of a Petition, the Sense
whereof they formerly approved of, and then, upon
the reading thereof, generally consented to, and desired the same should be presented to His Majesty,
we were violently interrupted by the Earl of Lynsey;
who, with a great Troop attending him, in an imperious Way, snatched out of a Gentleman's Hand
of good Quality a Copy of the forenamed Petition,
which, at the Desire of the Country, he was reading
to them; and some of his Lordship's Company laid
Hold of his Bridle and Cloak, haling him in great
Fury, and said, You are a Company of traiterous
Rogues and Villains, and often lifted up his Cane as
if he would have struck him; and also a Knight of
this County was affronted by the Lord Savill, upon
his reading the Draught of a Petition to himself,
upon the Place aforesaid, the Day above: First, his
Lordship told him it was a Pamphlet, which he denied; thereupon the Lord Savill demanded it of him,
which he refusing to deliver; his Lordship laid Hands
upon his Sword, and almost plucked him from his
Horse; upon which, the said Knight fearing some
Mischief would be done him, he delivered the same;
and then the said Lord Savill told him, he laboured
to sow Seeds of Sedition, and, if he would fight,
there should be fighting enough; and many of the
said Lord Savill's Company held up their Canes at
him; and one of them said, Hold your prating, it
were good to cane you; which Provocations, had
not the People been peaceably inclined, might have
produced bloody Effects: Notwithstanding all which,
and divers other insufferable Injuries, so confident
were we of His Majesty's former Professions never
to refuse any Petitions presented by His People to
Him in an humble Way, that we desisted not to wait
our best Opportunity to present the said Petition to
His Majesty; a Copy whereof we here humbly present unto your grave Considerations; which His Majesty notwithstanding pleased not to accept of.
"We therefore humbly desire these Honourable
Houses well to weigh these Particulars, and
to take such Course therein as may tend to
the Preservation of our Liberties and the
Peace of the Kingdom; and that you would
please to address yourselves to His Majesty,
on our Behalf, that, through your Wisdoms,
our Desires may find better Acceptation with
His Majesty.
"And we shall heartily pray, &c."
"Monday, the 6th of June, 1642, post meridiem.
Resolution of both Houses upon these Petitions.
"The Lords and Commons, observing not only the
Wisdom, but the Affections of the County of Yorke,
expressed in these Petitions, and likewise that they
cannot be discouraged from their constant Fidelity to
the Laws and Government of this Kingdom, which
have their Life and Being from the Parliament, have
thought it fit to declare their good Acceptations of
their Affections; assuring them, that they will interest
themselves in these their Demands, which tends to the
Honour and Safety of His Majesty, the Peace of His
Kingdom, and prove an effectual Means to keep us
from the desperate Mischiefs those Lords that opposed
this Petition would have brought this Kingdom into."
"Die Lunæ, 6 Junii, 1642.
Letter from Sir John Bourchier, to Sir Thomas Barrington, about an Affront offered him by L. Savill and others.
"The Copy of a Letter sent from Sir John Bourchier, to Sir Tho. Barrington, Knight, and
Baronet, from Yorke.
"SIR,
"Yesterday being at Heworth Moore, I observed one
reading something, so as I drew near to him, and, by
Enquiry, I found that it was a Petition that was to be
presented presently to His Majesty; those that heard
it read, approved of it: Meeting with a Friend, I
enquired of him if he had not the Petition, or a Copy
of it, which he told me he had; I intreated him that
he would lend me it, which accordingly he did; and
having read Part of it, my Lord Savill came, with a
great Company, in a furious Manner, and demanded
what I did there, and told me that I was reading some
Pamphlet to the People, and that I was labouring to
sow some Seeds of Sedition, to seduce the King's Subjects: Whereupon I told him it was a Petition, that
I was reading privately to Myself, which I, upon his
Approach, put in my Pocket: My Lord Savill, in an
imperious Manner, demanded of me to deliver it to
him, which I refused; then his Lordship laid his
Hand on the Belt of my Sword, and almost pulled
me off of my Horse, and forced me to deliver the
Petition to him, lest otherwise some greater Mischief might have come to him, for his Lordship told
me, If we loved fighting, (fn. *) we should have fighting
enough: I told his Lordship, I came this Day to labour
for Peace; and, immediately before his Lordship's
Departure, he told me, That he knew me well
enough: Then I told his Lordship, that I hoped he
knew no Ill by me: Many that were with his Lordship
held up their Canes, in a terrifying Manner; and One
of them said, Hold your prating, it were good to cane
you: And when his Lordship and the rest were gone,
One of them turned back, and bid me be quiet, or else
I should be caned; and said, That it were a good Deed
to put me in the Stocks. Afterwards there was one
Captain Blague, who was One of my Lord Savill's
Company, came in an intruding Manner into my Company; and I being discoursing with Sir Richd. Darley
and some others, and telling them how I was affronted
even now by my Lord Savill, and formerly having
Fire thrown into my Coach, and some other Affronts
done unto me, which I have formerly told you on;
this Captain told me I did ill to lay Aspersions upon
Persons of Honour; whereupon I told him, I did
not lay it upon my Lord, but that I was so abused
and affronted: Upon due Consideration, I verily believe he came to make some Quarrel.
"Sir, upon my parting from you, you desired to hear
from me here; I thought good to let you know thus
much concerning myself. Thus, with my Service to
you and my Lady, I rest,
"Your affectionate Cousin to serve you,
Yorke, 4th June, 1642.
"Jo. Bourchier."
"By the King:
"A Proclamation, forbidding all his Majesty's Subjects, belonging to the Trained Bands or
Militia of this Kingdom, to rise, march, muster,
or exercise, by virtue of any Order or Ordinance of one or both Houses of Parliament,
without Consent or Warrant from His Majesty, upon Pain of Punishment according to
the Laws.
King's Proclamation, forbidding the Militia to assemble by virtue of the Ordinance of both Houses.
"Whereas, by the Statute made in the Seventh
Year of King Edward the First, the Prelates, Earls,
Barons, and Commonalty of the Realm, affirmed in
Parliament, That to the King it belongeth, and His
Part it is by His Royal (fn. †) Segniory, straightly to defend
wearing of Armour, and all other Force against the
Peace, at all Times when it shall please Him, and
to punish them which do the contrary according to
the Laws and Usages of the Realm; and hereunto all
Subjects are bound to aid the King, as their Sovereign
Lord, at all Seasons when need shall be: And whereas
We understand that, expressly contrary to the said Statute, and other good Laws of this Our Kingdom, under
Colour and Pretence of an Ordinance of Parliament,
without Our Consent, or any Commission or Warrant from Us, the Trained Bands and Militia of this
Kingdom have been lately, and are intended to be,
put in Arms, and drawn into Companies, in a Warlike Manner, whereby the Peace and Quiet of Our
Subjects is, or may be, disturbed: We, being desirous,
by all gracious and fair Admonitions, to prevent that
some malignant Persons in this Our Kingdom do not
by Degrees seduce Our good Subjects from their due
Obedience to Us and the Laws of this Our Kingdom,
subtily endeavouring, by a general Combustion or
Confusion, to hide their mischievous Designs and Intentions against the Peace of this Our Kingdom, and,
under a specious Pretence of putting Our Trained
Bands into a Posture, draw and engage Our good Subjects in a Warlike Opposition against Us, as Our Town
of Hull is already by the Treason of Sir John Hotham, who at first pretended to put a Garrison into the
same only for Our Security and Service:
"We do therefore, by this Our Proclamation, expressly charge and command all Our Sheriffs, and
all Colonels, Lieutenant Colonels, Serjeant Majors,
Captains, Officers, and Soldiers, belonging to the
Trained Bands of this Our Kingdom, and likewise all
High and Petty Constables, and other Our Officers
and Subjects whatsoever, upon their Allegiance, and
as they tender the Peace of this Our Kingdom, not
to muster, levy, raise, or march, or to summon or
warn, upon any Warrant, Order, or Ordinance,
from one or both our Houses of Parliament (whereto
We have not, or shall not, give Our express Consent), any of Our Trained Bands, or other Forces,
to rise, muster, march, or exercise, without express
Warrant under Our Hand, or Warrant from Our
Sheriff of the County, grounded upon a particular
Writ to that Purpose under Our Great Seal: And in
case any of Our Trained Bands shall rise or gather
together contrary to this Our Command, We shall
then call them in due Time to a strict Account, and
proceed legally against them, as Violators of the Laws,
and Disturbers of the Peace of the Kingdom.
"Given at Our Court at Yorke, the 27th Day of
May, 1642."
"A Declaration of the Lords and Commons in
Parliament, concerning His Majesty's Proclamation, the 27th of May, 1642.
Declaration of both Houses concerning this Proclamation.
"The Lords and Commons, having perused His Majesty's Proclamation, forbidding all His Majesty's Subjects, belonging to the Trained Bands or Militia of this
Kingdom, to rise, march, muster, or exercise, by virtue
of any Order or Ordinance of one or both Houses of
Parliament, without Consent or Warrant from His Majesty, upon Pain of Punishment according to the Laws;
"Do thereupon Declare, That neither the Statute
of the 7th of Edward the First, therein vouched, nor
any other Law of this Kingdom, doth restrain or
make void the Ordinance agreed upon by both Houses
of Parliament, for the ordering and disposing the Militia of the Kingdom, in this Time of extreme and imminent Danger, nor expose His Majesty's Subjects to
any Punishment for obeying the same, notwithstanding
that His Majesty hath refused to give His Consent to
that Ordinance, but ought to be obeyed by the fundamental Laws of this Kingdom.
"The Declaration of 7 Ed. I, quoted in His
Majesty's Proclamation, runneth thus:
Declaration of 7 Edw. I.
"The King to the Justices of His Bench sendeth
Greeting. Whereas of late, before certain Persons
deputed to treat upon sundry Debates had between
Us and certain Great Men of Our Realm, amongst
other Things, it was accorded, That, in Our next
Parliament, after Provision shall be made by Us, and
the Common Assent of Prelates, Earls, and Barons,
That, in all Parliaments, Treaties, and other Assemblies, which should be made in the Realm of England
for ever, that every Man shall come, without all Force
and Armour, well and peaceably, to the Honour of Us
and Our Realm; and now, in Our next Parliament
at Westm. after the said Treaties, the Prelates, Earls,
Barons, and the Commonalty of Our Realm, there
assembled to take Advice of this Business, have said,
That to Us it belongeth, and Our Part is, through Our
Royal Segniory, straightly to defend Force of Armour,
and all other Force against Our Peace; at all Times
when it shall please Us, and to punish them which
shall do contrary, according to Our Laws and Usages
of Our Realm.
"And hereunto they are bound to aid Us, as their
Sovereign Lord, at all Seasons when Need shall be:
We command you, that you cause these Things to
be read afore you in the said Bench, and there to be
inrolled.
"Given at Westm. the 30th Day of October.
"The Occasion of this Declaration was, for the
Restraint of armed Men from coming to the Parliament, to disturb the Peace of it, and is very improperly
alledged for the Maintenance of such Levies as are now
raised against the Parliament, the Title of the Statute being thus, To all Parliaments and Treaties every
Man shall come without Force and Arms; so that the
Question is not, whether it belong to the King or no,
to restrain such Force; but, if the King shall refuse
to discharge that Duty and Trust, whether there is
not a Power in the Two Houses to provide for the
Safety of the Parliament and Peace of the Kingdom,
which is the End for which the Ordinance concerning
the Militia was made, and, being agreeable to the
Scope and Purpose of the Law, cannot in Reason be
adjudged to be contrary to it; for, although the Law
do affirm it to be in the King, yet it doth not exclude
those in whom the Law hath placed a Power for that
Purpose, as, in the Courts of Justice, the Sheriffs and
other Officers and Ministers of those Courts: And as
their Power is derived from the King by His Patents,
yet cannot it be restrained by His Majesty's Command,
by His Great Seal, or otherwise; much less can the
Power of Parliament be concluded by His Majesty's
Command, because the Authority thereof is of a
higher and more eminent Nature than any of those
Courts.
"It is acknowledged, that the King is the Fountain
of Justice and Protection; but the Acts of Justice
and Protection are not exercised in His own Person,
nor depend upon His Pleasure, but by His Courts,
and by His Ministers, who must do their Duty therein,
though the King in His own Person should forbid
them; and therefore, if Judgements should be given
by them against the King's Will and Personal Command, yet are they the King's Judgements.
"The High Court of Parliament is not only a Court
of Judicature, enabled by the Laws to adjudge and determine the Rights and Liberties of the Kingdom,
against such Patents and Grants of His Majesty as
are prejudicial thereunto, although strengthened
both by His Personal Command and by His Proclamation under the Great Seal; but it is likewise a
Council, to provide for the Necessities, prevent the
imminent Dangers, and preserve the Public Peace
and Safety, of the Kingdom, and to declare the King's
Pleasure in those Things as are requisite thereunto;
and what they do herein hath the Stamp of Royal
Authority, although His Majesty, seduced by evil
Counsel, do, in His own Person, oppose or interrupt
the same; for the King's Supreme and Royal Pleasure
is exercised and declared, in this High Court of Law
and Council, after a more eminent and obligatory
Manner than it can be by Personal Act or Resolution
of His own.
"Seeing, therefore, the Lords and Commons, which
are His Majesty's Great and High Council, have
Ordained, That, for the present and necessary
Defence of the Realm, the Trained Bands and
Militia of this Kingdom should be Ordered according to that Ordinance, and that the Town of
Hull should be committed to the Custody of Sir
John Hotham, to be preserved from the Attempts
of Papists and other malignant Persons, who thereby
might put the Kingdom into a Combustion, which is
so far from being a Force against the King's Peace,
that it is necessary for the keeping and securing
thereof, and for that End alone is intended; and all
His Majesty's loving Subjects, as well by that Law
as by other Laws, are bound to be obedient thereunto; and what they do therein is (according to that
Law) to be interpreted to be done in Aid of the
King, in Discharge of that Trust which He is tied
to perform; and it is so far from being liable to
Punishment, that, if they should refuse to do it, or
be persuaded by any Commission or Command of His
Majesty to do the contrary, they might justly be
punished for the same, according to the Laws and
Usages of the Realm; for the King, by His Sovereignty, is not enabled to destroy His People, but
to protect and defend them; and the High Court of
Parliament, and all other His Majesty's Officers and
Ministers, ought to be subservient to that Power and
Authority, which the Law hath placed in His Majesty to that Purpose, though He Himself, in His own
Person, should neglect the same.
"Wherefore the Lords and Commons do declare
the said Proclamation to be void in Law, and of
none Effect; for that, by the Constitution and Policy
of this Kingdom, the King by His Proclamation cannot declare the Law contrary to the Judgement and
Resolution of any of the Inferior Courts of Justice,
much less against the High Court of Parliament; for,
if it were admitted that the King, by His Proclamation, may declare a Law, thereby His Proclamations will in Effect become Laws, which would turn
to the subverting of the Law of the Land and the
Rights and Liberties of the Subjects.
"And the Lords and Commons do require and command all Constables, Petty Constables, and all other
His Majesty's Officers and Subjects whatsoever, to
muster, levy, raise, march, and exercise, or to summon or warn any, upon Warrants from the Lieutenants, Deputy Lieutenants, Captains, or other Officers of the Trained Bands, and all others, according
to the said Ordinance of both Houses; and shall not
presume to muster, levy, raise, march, or exercise,
by virtue of any Commission or other Authority whatsoever, as they will answer the contrary at their
Perils; and in their so doing, they do further declare
that they shall be protected by the Power and Authority of both Houses of Parliament; and that whosoever shall oppose, question, or hinder them, in the
Execution of the said Ordinance, shall be proceeded
against as Violators of the Laws, and Disturbers of
the Peace of the Kingdom."
Adjourn.
Nona cras.