Also Proposition made by both Houses of PARLIAMENT. to the Kings MAIESTIE The Declaration of both houses of Parliament to his Maiesty concerning the Militia. Iune 20.

And now Printed by Order, with the former faults amended.

Hen. Elsyng. Cler. Par. D. Com.

Likewise the Lord Pagets Letter to the Honorable House of PARLIAMENT.

The Earle of Bristole Speech in the High Courte of parliament.

LONDON, Printed Iune the 20. for William Gey 1642.

YOur Majesties most humble and faithfull Subjects, the Lords nd Commons in Parliament, having nothing in their thoughts and desires more precious, and of higher esteem (next to the ho­nor and immediate service of God) then the just and faithfull performance of their dutie to your Maiesty and this Kingdome; And being very sensible of the great distractions, and distem­pers and of the imminent dangers and calamities which those distractions, and distempers are like to bring upon your Maiesty and your Subiects, all which have proceeded from the subtill insinuations, mischievous practices, and evill Counsels of men disaffected to Gods true Religion, your Maiesties honour and safety, and the publike peace and prosperitie of your people. After a serious obser­vation of the causes of those mischiefes, doe in all humilitie and sincerity present to your Maiestie their most dutifull Petition and advise, that out of your Princely wisdome, for the establishing your owne honor and safety, and gracious tendernesse of the welfare of your Subiects and Dominions, you will be pleased to grant and accept these their humble desires and propositions, as the most necessary effectuall meanes, through Gods blessing, of removing those jealousies and differences which have unhappily fallen betwixt you and your people and procuring both your Maie­sty and them a constant course of honour, peace, and happinesse.

1. That the Lords and other of your Maiesties Privy Counsell, and such great Officers and Ministers of State, either at home or beyond the Seas, may be put from your Privy Councell, and from those Offices and imployments, excepting such as shall be approved of by both houses of Parliament. And that the persons put in­to the places and imployments of those that are removed, may be approved of by both Houses of Parliament. And that all Privie Counsellors shall take an Oath for the due execution of their places, in such forme as shall bee agreed upon by both Houses of Parliament.

2. That the great affaires of this Kingdome may not be concluded or transacted by the advice of private men, or by any unknowne, or unsworne Counsellours; but that such matters as concern the publique, and are proper for the high Court of Parliament, which is your Maiesties great and supreame Counsell, may be de­bated, resolved, and transacted onely in Parliament, and not elsewhere; And such as shall presume to doe any thing to the contrary, shall be reserved to the censure and judgement of Parliament; and such other matters of State as are proper for your Maiesties privie Counsell, shall be debated and concluded by such of the No­bilitie and others as shall from time to time be chosen for that place by approbati­on of both Houses of Parliament; And that no publique Act concerning the af­faires of the Kingdome, which are proper for your privy Counsell, may be estee­med of any validitie as proceeding from the royall Authoritie, unlesse it bee done [Page] by the advice and consent of the major part of your Councell attested, under their hands. And that your Councell may be limited to a certaine number, not excee­ding twenty-five, nor under fifteene. And if any Councellors place happen to bee voyd in the Intervals of Parliament, it shall not bee supplyed without the assent of the major part of the Councell, which choyce shall be confirmed at the next sitting of the Parliament, or else to be voide.

3. That the Lord high Steward of England, Lord high Constable, Lord Chaun­cellor, or Lord Keeper of the great Seale, Lord Treasurer, Lord Privie Seale, Earle Marshall, Lord Admirall, Warden of the Cinque Ports, chiefe Governour of Ire­land, Chancellour of the Exchequer, Master of the Wards, Secretaries of State, two chiefe Justices and chiefe Barons, may alwaies be chosen with the approbation of both Houses of Parliament: And in the Intervalles of Parliament by assent of the the Major part of the Councell, in such manner as is before exprest in the choice of Councellors.

4. That hee or they unto whom the Governement and education of the Kings Children shall be committed shall bee approved of by both Houses of Parliament, and in the Intervalls of Parliaments, by the assent of the maior part of the Coun­sell, in such manner as is before exprest in the choice of Counsellors; And that all such servants as are now about them, against whom both Houses shall have any just exception, shall be removed.

5. That no Marriage shall bee concluded, or treated for any of the Kings Chil­dren, with any forraigne Prince, or other person whatsoever abroad, or at home, without the consent of Parliament, under the Penaltie of a premunire unto such as shall so conclude, or treate any Marriage as aforesaid, and that the said penaltie shall not bee pardoned, or dispensed with, by the consent of both Houses of Parlia­ment.

6. That the Lawes in force against Jesuites, Priests, and Popish Recusants, bee strictly put in execution, without any tolleration, or dispensation to the contrary; And that some effectuall course may bee enacted, by authority of Parliament, to dis­able them from making any disturbance in the State, or eluding the Law by trusts or otherwise.

7. That the Votes of Popish Lords in the House of Peeres may bee taken away, so long as they continue Papists. And that His Majestie would consent to such a Bill as shall be drawne for the education of the Children of Papists by Protestants, in the Protestant Religion.

8. That your Majestie will bee pleased to consent that such a reformation bee made of the Church-governement, and Liturgie, as both Houses of Parliament shall advise, wherein they intend to have consultations with Divines, as is expressed in their Declaration to that purpose. And that your Majestie will contribute your best assistance to them, for the raising of a sufficient maintenance for Preaching Ministers through the Kingdome. And that your Majestie will bee pleased to give your con­sent to Lawes, for the taking away of innovations, and superstition, and of Plurali­ties, and against scandalous Ministers.

9. That your Majestie will bee pleased to rest satisfied with that course that the Lords and Commons have appointed for ordering the Militia, untill the same shall [Page] bee further setled by a Bill. And that your Majesty will recall your Declaration, and Proclamations against the Ordinance made by the Lords and Commons con­cerning it.

10. That such members of either House of Parliament, as have during this pre­sent Parliament been put out of any place and Office, may either be restored to that place and office, or otherwise have satisfaction for the same, upon the Petition of that House whereof he or they are Members.

11. That all Privie Councellors and Judges may take an Oath, the forme where­of to be agreed on and setled by act of Parliament, for the maintaining of the Peti­tion of Right, and of certaine Statutes made by this Parliament, which shall be men­tioned by both Houses of Parliament. And that an inquire of all the breaches and violations of these Lawes may bee given in charge, by the Justices of the Kings Bench every Terme, and by the Judges of Assize in their Circuits, and Justices of peace at the Sessions, to be presented and punished according to Law.

12. That all the Judges and all Officers placed by approbation of both Houses of parliament, may hold their places Quam diu bene se gesserint.

13. That the Justice of parliament may passe upon all Delinquents, whether they be within the Kingdom or fled out of it. And that all persons cited by either House of parliament, may appear and abide the censure of parliament.

14. That the generall pardon offered by your Majestie may be granted with such exceptions as shall be devised by both Houses of parliament.

15. That the Forts and Castles of this Kingdom may be put under the command and custody of such persons as your Majestie shall appoint, with the approbation of your parliament. And in the intervals of parliament with the approbation of the major part of the Councell in such manner as is before expressed in the choice of Councellors.

16. That the extraordinarie Guards and militarie forces now attending your ma­jestie, may be removed and discharged. And that for the future you will raise no such guards or extraordinarie forces, but according to Law, in case of actuall rebel­lion or invasion.

17. That your majestie will be pleased to enter into a more strict alliance with the States of the united provinces and other Neighbour princes and States of the protestant Religion, for the defence and maintenance thereof against all designes and attempts of the pope and his adherents, to subvert and suppresse it, wherby your maiestie will obtain a great accesse of strength and reputation, and your Subjects be much encouraged and enabled in a parliamentary way for your aid and assistance, in restoring your royall Sister, and the princely issue, to those dignities and domi­nions which belong unto them, and relieving the other distressed protestant princes, who have suffered in the same cause.

18. That your majestie will be pleased by Act of parliament, to cleer the Lord Kimbolton, and the five members of the House of Commons, in such manner, that future Parliaments may be secured from the Consequence of that evil president.

19. That your majestie will be gr [...]ciously pleased to passe a Bill for restraining peers made hereafter, from sitting, or Voting in Parliament; Unlesse they be ad­mitted thereunto, with the consent of both Houses of Parliament.

[Page]And these our humble desires, being granted by Your Majestie, we shall forth­with apply ourselves to regulate your present Revenue, in such sort as may be for your best advantage; and likewise to settle such an ordinary and constant increase of it, as shall be sufficient to support Your Royall dignity, in Honour and plentie, beyond the proportion of any former Grants of the Subjects of this Kingdom to your Majesties Royall predecessors.

We shall likewise put the Town of Hull, into such hands as Your majesty shall appoint, with the consent and approbation of parliament, and deliver up a just ac­count of all the magazine; and cheerfully employ the uttermost of our power and endeavour, in the reall expression and performance of our most dutifull and Loyall affections, to the preserving, and maintaining the Royall Honour, Greatnesse, and Safety of Your majestie, and your posteritie.

A NEW DECLARATION OF THE LORDS And Commons in Parliament, Concerning the executi­on of the Militia, 20. Iune, 1643. ALSO Concerning a Writt sent to the high Sheriffe of Essex, by his Majesty for the publishing of His late proclamation.

WHereas Robert Smith Esquire, now high Sheriffe of the Coun­ty of Essex, hath lately received a Writ bearing date the 27. day of May, in the eighteenth yeare of his now Majesties reigne, thereby commanding him to publish a Proclamati­on, whereby all his Maiesties Subjects belonging to the Trained Bands or Militia of this Kingdome, are forbidden to raise, March, Muster, or exercise by vertue of any Order or Ordinance, of one or both Houses of Parliament, with­out consent or warrant from his Majestie upon paine of punishment according to the Lawes. And whereas the said high Sheriffe hath now addressed himselfe to both Houses of Parliament, for advice and directions therein concerning the said Proclamation to be contrariant and repugnant to the Ordinance and Judgement of both Houses of Parliament concerning the Militia.

It is therefore Declared by the Lords and Commons in Parliament (they inten­ding nothing by the said Ordinance, but the protection and security of his Majesties person, the defence of the Kingdome against Forraigne invasion, and preservation of the publike peace against intestine Rebellions and Insurrections here at home, the maintenance of the Priviledges and Authority of Parliament according to the protestation.

That the said Writ is illegall for that the constitution and policy of this King­dome, [Page] and the King by his Proclamation cannot declare the Law contrary to the resolution of any of the inferiour Courts of Justice, much lesse against the high Court of Parliament. And likewise for that this Writ forbiddeth that to be done which they are obliged unto by their duty to God, their allegiance to his Maiesty, and the trust reposed in them by the Common-wealth, (the Law having intrusted them to provide for the good and safety thereof.) And that the said high Sheriffe hath done nothing in forbearing to publish the said proclamation, but according to his duty, and in obedience to the Order of both Houses. And he is hereby requi­red not to publish the said proclamation, or any other proclamations or declarations of the like nature, that concerne the parliament, without first acquainting the said Houses.

And it is further declared that the said high Sheriffe and other Sheriffes of other Counties within this Kingdome of England and the Dominion of Wales, for their obedience to the orders and ordinances of parliament: Or that have, or hereafter shall do any thing in the execution thereof, shall be protected by the power and authority of both the said Houses.

His Maiesties proposition to the Lords


I Conceive my Lord of Linsey is Admirall of England, and the Lord of Ormond Lord Lievtenant of Ireland. The King hath this day made divers Propositions to the Lords here; As

First, to have the Declaration of both Houses of the Ninth of May to bee disa­vowed;

Secondly, To have Justice in Hull.

Thirdly, to have the Militia declared to be his right.

Fourthly, to have tumults punished.

Fifthly, To have the Parliament, adjourned to Oxford, Cambridge, Winchester, Yorke, Coventrey, Bristoll, Nottingham or any of those places where his Majestie shall command, and other things which I have not leasure to adde.

Tomorrow they meete againe, and I beleeve the maine question will be, whe­ther a Declaration shall be made here, or the Lords to agree here, and Vote in the House, and in what equipage to goe. Our Court increaseth daily, and wee beleeve notwithstanding the offer of a hundred thousand pound by the Common Councell; that the King may have as much money from the Citizens as they, and I beleeve here is ground for such a conceit. Here is no possibility of the Kings suddaine re­move hence, though some thinke he may step hence to Lincolne, for 3. or 4. daies to settle that Countrey, but I am not of that opinion.

The Lord Pagets Letter to the Honorable House of Parliament.

IT may seeme strange that I, who with all zeale and earnestnesse have prosecu­ted in the beginning of this Parliament, the Reformation of all disorders in Church, and Common-wealth, should now in a time of such great distractions, de­sert [Page] the cause. Most true it is that my ends were the common good: And whilst that was prosecuted, I was ready to lay downe both my life and fortune: But when I found a Preparation of Armes against the King, under the shadow of Loyaltie, I rather resolved, to obey a good Conscience, then particular ends, and am now on my way to his His Majesty, where I will throw my selfe downe at his feet, and die a loyall Subject.


The Earle of Bristoll Speech in the High Court of parliament.

My Lord,

MY zeale to the peace of this Kingdome, and my apprehentions of our neere approaching miseries doe cause me to speake of the subject of Accommoda­tion. This Ki [...]gdome exceedes all the Monarchies of Europe, both for scituation, plenty, rich, comodities, and power both by Sea and Land, continued raigne of Queene Elizabeth, who not onely impeached the Monarchy of Spaine, protected the Vnited Provinces, and relieved the French in miserie, but also was reverenced by all the Princes of Germany, flourishing in the tranquilty of this Kingdom, which which peace prospered in King Iames his Governement, and continued downe to the Raigne of his now Majestie, till these late unhappy interruptions. Now if in stead of this happy condition, wee impartially inquire into the now distractions hereof, we shall finde ourselves reduced to the brinke of miserie. These enemies are not forraign, but of our owne House, such as our jealousies and dissentions have raised, and civill discord is a plentifull Sourse, from whence all miseries flow into a Kingdome. Our former distempers have growne from the conduct of evill Mi­nisters invading the subjects just libertie, and a State is never sound, till Soveraigne power, and common right are equally ballenced by just rules: but the sicknesse thereof is rather continued of feares and jealousies, then out of any reall distemper, the King hath condescended unto many excellent petitions presented by many No­ble Lord, and hath offered to concurre with us in the setling all libet [...]ies for the pro­priety of our goods: and willing to all our reasonable propositions: and for the establishing of the true Protestant Religion he woes us to it. We on the other side make profession, that we intend to make his Majestie a glorious King, to support his Dignity, Regality, and Prerogatives, and to pay uno his that duty, and obedi­ence; which by our allegiance, severall Oathes and protestations wee owe unto him.

So that we being both thus reciprocally united, which would make both the King and people happy, shall be most unfortunate if we shall not brtng both incli­nations together. But it is the greatest difficulty to compose the variances betwixt a King and his people dis-united: For it is much easier to compose differences ari­sing from reason, yea even from wrongs, then ir is to satisfie jealousies, which ari­sing out of the diffidence and distrust will grow upon every occasion greater, if not removed. Nay mutuall replyes are grown to those direct termes of opposition, that they will passe farther then verball contestations, if not stopped. The most plen­tifull [Page] Countries of Europe have been brought to unexpressible calamities by a civill Warre. It is better keeping out of them, then getting out of them, and in a State the wisdome of prevention is infinitely beyond the wisedome of Remedies. Nay, if for the sins of this Nation, Forces and Armies should be mutually raised, The very charge of maintaining them would consume the wealth of the Kingdome: And of this we had lately a costly example in those unhappy troubles betwixt us and Scotland, where the keeping of the two Armies cost this Kingdome a Million of pounds. And if two Armies be once on foot here in England, either a suddaine encounter must destroy one of them, or the keeping them both on foot must destroy the Kingdome. Let us hearken in moderation to the wise advice of our Brethren in Scotland, that all meanes may be forborn, which may make the breach wider, and the wound deeper, that no place be given to the evill Spirit of division, which at such times worketh uncessantly, and resteth not: but that the fairest way be taken by so wise a King and parliament, as may make his Maiestie and his posterity more glorious, and his Kingdome more happy, then ever. The best way hereunto in my opinion is, That there may be a select Committee of choise persons of both Houses, who may reconcile first those differences, and then descend to the parti­culars, which may be expected from each other, either in point of our supporting him, or his relieving us: and lastly, how all rhese conditions being agreed upon may be so secured, as may stand with the honour of his Maiesty, and the satisfaction of the Subiect. The Ordinance of parliament commandeth all persons in Autho­rity to obey it according to the fundamentall Lawes of the Land: The King de­clareth it to be contrary to the fundamentall Lawes, and commandeth all his Sub­iects upon their Allegiance not to obey the said Ordinance, as they will answer it to their perils. The King commandeth also divers of us to attend his person, where­unto we are oblidged by our severall services and oathes: in case wee comply not with his commands, we are lyable to his displeasure, and the losses of those places of honour which we hold under him, if wee obey his Commands without the leave of parliament, we are lyable to the censure of parliament, therefore untill it shall please God to blesse us with a right understanding betwixt the King and the parliament, and a conformity in their commands, neither the Kingdom in publick, nor particular men in private, can be reduced to a safe and comfortable condition. And I doubt not (whatsoever successe this proposition may have) it will be accom­panied with the good wishes of your Lordships, and of all peaceable and well-minded men.


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