who, by their education, have not military abilities and experience; or, through the removing of able and expert men of war from the army, or assigning of lower places in the army to such as, by their own merits, and the justice of the parliament, have formerly been more highly honoured; or, by want of such general officers, as the greatest in military. science, and longest experienced in war, have found necessary in all compleat and well coustituted armies; and, therefore, that there be particular notice taken of every officer's part for so great a trust; and that the army be full and perfect in all the offices, and all the offi

in

dom of Scotland, from that affection we owe to the public, from the deep sense of the great trust put upon us by that kingdom, and from our zeal, that, all differences and prejudices laid aside, the great work in hand may be, by united council and strength, carried on to a happy period, do find ourselves pressed to represent our thoughts and desires to the wisdom of the honourable houses of parliament. Whereas, for the better managing of this war, wherein both kingdoms, by their joint councils and forces, are engage; and upon which dependeth the safety of both kingdoms, in their religion, liberties, and lives; the honourable houses, by their late Order, did refer the mak-cers thereof; and that with such expedition as ing a model and frame of the militia, as should the present posture of affairs doth require. 3. be most for the advantage of the public service, Seeing the honourable houses have judged t to the committee of both kingdoms; wherein to invite the Scots army to come Southward also they had made some progress in the point for the public service, and have written to the of strength and maintenance of the army; and parliament of Scotland to that effect, referring it hath seemed good since, to the honourable the particular provisions to be made for their houses, to put the nomination of the command- accommodation, to be reported by us; we do ers and officers into another way; we, ac- again, earnestly, desire to have an Answer to cording to the common Covenant, Treaty, and our paper concerning Monies, Arms, Aminointerest of both nations (seeing there is nothing nition, &c. that we may send an express with in this war so important, as the right consti- it, who hath been attending here some days, tution of the army; and nothing in the army and hath been every day expected by them. so considerable, as the right choice of the com- We conceive dispatch in this to be the more manders and officers) do desire, 1. That as necessary, being informed that as the enemy the honourable houses have provided, all the is active towards the West, so hath he a cons officers of the army may take the Solemn derable strength marching towards the North; League and Covenant; wherein we acknow-which, joining with the other forces that are ledge their piety and wisdom, it being the strongest bond both to unite the army with God and amongst themselves; so, in the same piety and wisdom, they make choice of such as are known to be most zealous for reformation of religion, and of that uniformity which both kingdoms are obliged to promote and maintain. with all their endeavours; and whereof the honourable houses, by their Votes, have laid so good a foundation; that so the Votes of the parliament and strength of the army, (which we conceive to be the power and wisdom of the kingdom) may still join in one for the public safety; and that the Scots army, which hath been, and still will be, ready to spill their blood and lives in the common cause, may be encouraged in their undertakings, by their assurance, against all that is or may be said to the contrary, that both armies fight in the same cause and for the same ends; especially for the settling of religion, and defence of that liberty and power, whereby it may be settled and maintained; and that their resolutions be not damped, nor their activity obstructed, by the constitution of the forces here, or any other real evidence of this kind; which, as we are assured, is far from the intention of the honourable houses, so we are confident that their wisdoms will provide against it in the choice of their officers; seeing the commanders and officers are to have so great a charge as is the governing of the ship wherein both kingdoms are embarked in this time of tempest. 2. We desire that the army be not put in worse case, or weakened, by chusing or advancing of such,

there already, and such evil-affected persons as there be too many of in those parts, may crease to such strength as may be of dangerous consequence, if not timely prevented. These our serious thoughts and earnest desires, proceeding from the integrity of our hearts, and our sincere affection to the common cause i this time of so great exigence, without prejudice or respect to any man's person, will, we are confident, be taken and interpreted to no other sense by the wisdom of the houses of parliament, or by any person that loveth the public good. By the command of the commis sioners for the parliament of Scotland.

:

JOHN CHI ESLET.”

Shrewsbury and Weymouth taken by the Parliament's Forces.] March 4. Intelligence reached parliament of some great adrantages gained by their forces against the king's; particularly of the taking Shrewsbury and the retaking of Weymouth for which a day of thanksgiving was appointed, the preachers named, and the lord mayor and aldermen invited to meet the two houses of parliament at Christ-Church, to celebrate the day.-A Cal lection was ordered to be made, the same day, in the churches of London and Westminster, for the relief of the widows, maimed soldiers, and other poor in the towns of Plymouth, Mel combe-Regis, and Weymouth, and for the safety of the West.

The Commons declare that they will support the Rights of the Peerage.] By what has passed lately between the two houses, it may be ab served, they did not always agree in their sen

timents; but on the contrary, the lords had differed with the commons in many things, which the other thought a great impediment to heir labours in the great cause. This had occasioned a rumour, which then prevailed, That the lower house intended to disannul the Peerage. Upon which the commons thought proper to make the following Declaration, and ater it in their Journals:

them; wherein your lordships have denied your own safety, plenty, and all your interests, which will ever be acknowledged by the com mons. That the commons will endeavour to find out the authors of this scandal upon them, and will desire your lordships concurrence to punish them; the thing in itself being so much contrary to the laws of nature, antient and laudable customs of all nations, grounds of reason and principles of religion, that they hope they shall use no other arguments to satisfy your lordships, than to tell you, That they that sit in the house of commons are gentlemen; and, that it might appear this was a fixed resolution, and no present complimental civility, he was commanded to read this Declaration and leave it with your lordships." Which being read, the lords immediately appointed a committee to consider of this Declaration, and to draw up what they thought fit, to return to the commons in Answer to it.

"The house of commons taking notice of some unworthy endeavours to asperse the ntegrity of their proceedings, as aiming at the overthrowing of the Peerage, and undermining the rights and privileges of the Peers, do unanimously declare, That they hold themselves obliged, by the fundamental laws of the and, their several Protestations and Covenant, o preserve the Peerage, with the rights and rivileges belonging to the house of peers, qually as their own, and will really perform he same and as, in the first place, they look o the carrying on that great common cause of eligion and liberty, wherein both houses stand mutually engaged; which no respect whatsover shall make either of them desert, and which they will not, God assisting them, suffer o miscarry; so shall they, to these public ends, be very careful to preserve a right undertanding between the two houses; and will maintain the right and honour belonging to he places and persons of the peers of Eng-dispute between the houses; and a conference

and."

March 24. A conference was held between he two houses, by desire of the commons, at which sir John Evelyn delivered to the lords he foregoing Declaration, and spoke to this ffect: That the occasion of this conferace was upon some expressions of your lordbips, at the last, concerning the happy corespondency between both houses, for the etter earrying on the great cause now in and. That it had been the endeavour of the nemy, from the beginning of this parliament, o sow divisions and jealousies between them; put, by the wisdom of the houses, they were revented. The commons take special notice of a malicious scandal, spread abroad, of verthrowing the Peerage of England, which hey do derest and abhor: and say, That if here be any that do dream it necessary to educe all things to their first principles, and now no way to perfection but by confusion, nay their thoughts perish with them! They annot forget what your lordships noble ances ors have done for purchasing and preserving he liberties of the kingdom; nor will they rget wherein your lordships have out-done bem, for the redeeming and recovering of

⚫ Lord Hollis writes, "That General Cromrell declared to the earl of Manchester his atred of the nobility and house of peers, shing there was never a lord in England; Ad saying, He loved such and such, because they loved not lords; and that it would not te well till he was but Mr. Montague." Memoirs, p. 18,

An Ordinance passed by the Commons, for giving additional Power to General Fairfax.] March 29. The commons had passed, and sent up to the lords, an Ordinance for giving some additional Power to sir Thomas Fairfax their new General. The lords read this Ordinance three times, and made one additional clause and two alterations in it, and sent it back to the commons. This created a fresh

being held this day about it, the report thereof, to the lords, was, "That the cominons looked upon it as an unhappiness, that such a business as this should occasion a difference between the two houses: as to the two Alterations they agreed to the first, but objected to the second, and to the whole additional Clause, concerning the Security of the king's person, &c. the com mons conceiving that this addition would dishearten their soldiers, and encourage the king to adventure his person to come at the head of his army into danger, winch perhaps otherwise he would not; and make th soldiers judges whether the king defends religion or not. They desired their lordships expedition in this business, as it so much concerns the safety of the kingdoms."

Protests against it in the Lords. After this Report was made, the lords entered into debate upon it; and the question being put, Whether that house would adhere to the Additional Clause as it was sent down to the commons ? The Votes were 10 contents and 9 non-contents; but the lord Say and Sele tendering the earl of Mulgrave's proxy, the votes were thereby made equal.-It does not appear that the Speaker of the house of lords, by a double suffrage, cast this question on either side, but that it stood undecided. For another question was immediately put, Whether to adhere to the Alteration in another clause, concerning forts and garrisons, as sent down to the commons ? and it was resolved in the affirmative. The following lords asking leave to enter their dissent before the putting the question, we find it entered accordingly; which is the first Protest of

the lords, with the reasons in form, that we have met with for some years past:

"Their lordships being satisfied with the Reasons the house of commons gave, at the conference this day, why the Alterations made by the house of peers, in that clause concerning the command of Forts and Garrisons, in the Ordinance for Additional Power to sir Tho. Fairfax, should not stand: and being, in an extraordinary manner, sensible of the great prejudice and hazard it may be to the safety of the parliament and kingdom, if, by the insisting upon the said Alteration, there be any delay in passing the said Ordinance; to clear themselves of any inconveniences which may hereby happen, in a business of so great concernment, they have entered their Dissent as aforesaid. Salisbury, Say and Sele, Pembroke and Montgomery, Wharton, Northumberland, H. Kent, Howard, C. Nottingham."

It was ordered, also, that the aforesaid lords should have leave to enter their Dissent to the Question concerning the whole Additional Clause to the Ordinance, whenever it should be carried against their Votes. Then a committee was appointed of those lords, who had voted for adhering to the Alteration, to prepare Reasons for it, to be offered to the commons at the next conference.

March 31. The question concerning the Additional Clause was again put, and the Votes standing exactly as before, ten to nine, were made equal by the earl of Mulgrave's proxy; so that it remained still undecided.

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reasons given in the last; and to acquit thenselves of all inconveniences which might happen in a business of so great concernment, Northumberland, Kent, Pembroke and Mantgomery, Say and Sele, Salisbury, Wharton, North, Howard.

Ordered, That the last named committer shall draw up Reasons, to be offered to the commons at a conference, for adhering to the Additional Clause as aforesaid. And in regard it was then late, and the drawing up the Reasons would require some time, the con ference was desired to be the next morning & 10 o'clock.

The E. of Essex resigns las Commission of Lord General.] April 1. The earl of Den big, one of the committee for the Reasons to be given to the commons, reported them the house; but the earl of Essex cut this nat ter short, by desiring that he might have leart to present, and deliver up, his commission to the houses; and so, he said, there would be no obstacle for the passing of the clause, con cerning the Forts and Garrisons, to be pat under the command of sir Tho. Fairfax. The lords, after this Declaration of the lord gene rals, retracted all their former Votes and Re solutions; and acquainted the commons at the conference, That they agreed with them in leaving out of the Ordinance the Additional Clause and the Alterations; which plainly proves what the earl of Essex had said, That his Commission was the only obstacle that pre

vented it.'

The Earl's Declaration upon that Occasion April 2 The earl of Essex, according to his promise, brought his Commission, as General in Chief, to the lords; and delivered it ta them, along with a Declaration, which he do sired might be read ;* viz.

The same day came up a Message from the commons to the lords, importing, "That they had lately sent up an Ordinance for Additional Power to sir Thomas Fairfax, which their lordships had returned with an Addition and Alterations. That the commous sent it up again, with Reasons, to which they have My lords; Having received this great not heard any thing from their lordships. Now charge, in obedience to the commands of both the commons had received Letters, this morn-houses, and taken their sword into my band, ing, That the Army is in mutiny and disorders, and they know not who to obey till this Ordinance be passed; sir Thomas having no power to do any thing: the house of commons say, "They have done their parts; therefore if any inconveniency comes upon the staying of it, they conceive it will not lie upon then.' Mr. Lisle carried up this Message attended by the whole house, the Speaker leaving the chair for that purpose.

The Lords sent first for Answer, That they would return one by messengers of their own;' and then sent two to acquaint the commons, That they were resolved to sit that afternoon, at four o'clock, about important business concerning the public; and to desire that they would sit likewise, if it stood with their conveniency.' Agreed to.

March 31, p.m. The lords sat in order to determine this affair, if possible; and the question for the lords adhering to the Additional Clause, which was again read, being put, it was once more carried in the affirmative. The lords following entering their dissent, for the

can, with confidence, say, that I have for this now almost 3 years, faithfully served you; and I hope, without loss of honour to myself, et prejudice to the public; supported therein by the goodness of God, and the fidelity and cos rage of a great many gallant men, both offices and soldiers: but I will neither trouble yo nor myself, by repeating either the difficulties or danger we have overcome, or the service have done you.-I see by the now coming of these Ordinances, that it is the desire of the house of commons, that my Commission may be vacated; and it hath been no particular tes spect to myself (whatever is whispered to the contrary) that hath made me thus long and to declare my readiness thereto; it being not unknown to divers men of honour, that I ind resolved it after the action of Gloucester; but that some importunitics (pressed on see with

Lord Clarendon informs us, "That the earl of Essex had no very plausible facaky of expressing himself, and therefore chose to de it in writing."

arguments of public advantage, and that by Declaration of both Houses in Favour of these hose of unquestionable affection) overruled three Earls.] The same day the lord Wharton ne therein. I now do it; and return my com-reported from that committee what they conission into those hands that gave it me; ceived fit to offer on that occasion; which was ishing it may prove as good an expedient to read and approved, as follows:-" The earls he present distempers, as some will have it of Essex, Denbigh, and Manchester, having cheved; which I shall pray for with as hearty this day, in the house of lords, tendered and eal as any can desire my doing that which I laid down their commissions, that house deow do. I think it not immodest, that I in- sired this conference to acquaint the commons reat both houses, that those officers of mine, therewith; and that the lords have accepted which are now laid by, might have their de- thereof, in which the concurrence of the com entures audited, some considerable part of mons is desired, their commissions being deheir arrears paid them for their support, and rived from the authority of both houses. And he remainder secured them by the public the house doth hereby further declare their aith; and that those of them that remain sense, That they look upon this action of these uestioned may be brought to some speedy lords, in this conjuncture of time, as a fit tesrial, whereby they may receive either the timony of their duty to the houses of parliaunishment or justification that is due to them: ment, under whom they have so long served in nder which notion, I remember only three; so eminent employment. And the house of f whom I must testify, that they frankly and peers also desire, that their services and forourageously have adventured their lives, and tunes may be taken into consideration, in such ost their blood, for the public; and that with a way as may, according to their several meontinued fidelity, for ought ever I could ob- rits, express the acceptance and value both erve.-My lords; I know that jealousies can- houses have of their faithfulness and industry, ot be avoided in the unhappy condition of in the commands and hazards they have unur present affairs: yet wisdom and charity dergone for the public good of the kingdom hould put such restraints thereto, as not to and safety of the parliament. And this house How it to become destructive. I hope that doth propound to the house of commons, that his advice from me is not unseasonable, wish- some speedy course may be taken and deng myself, and my friends may, among others, clared, that the officers which are laid aside, articipate the benefit thereof; this proceed- who have served under any of these three lords, ng from my affection to the parliament, the may have satisfaction in the point of their ar◄ rosperity whereof I shall ever wish from my rears, by the payment of some part thereof for eart, what return soever it bring ine; I being their support, and security for the remainder o single example, in that kind, of that fortune on the public faith."-To all these proposals now undergo, ESSEX." the commous gave their assent, and appointed a committee accordingly.

The Lords pass the Self-denying Ordinance.] April 3. To strengthen the good agreement between the two houses, the lords read a third time and passed the Self-denying Ordinance, for discharging the members of both houses from enjoying any office military or civil, unanimously; and resolved to have a conference with the other house to acquaint them with it; at which conference the lord Say and Seal de

The Earls of Manchester and Denbigh resign | heir Commissions.] Next, the earl of Manhester signified to the lords, "That he havng received the honour to be major general of he associated counties of Essex, Hertford, ambridge, Norfolk, Suffolk, Huntingdon, and incoln, by Ordinance of both houses, wheren he had faithfully, to his power, served them; ic, perceiving he can be no farther useful to he houses in that way, desires the favour that e may have leave to resign up the said com-livered hunself in this manner:-"The lords nissiou to the houses."

Then the earl of Denbigh also signified to be lords, "That he having received authority rom the houses of parliament to be chief comnander in the associated counties of Warwick, Salop, and Stafford; wherein he hath endeaoured to discharge his duty faithfully; and, is affairs are now disposed, his lordship cannot e further useful in that way, he desires he nay have leave to resign up his commission to the houses again."

Hereupon the lords appointed a committee, to consider what course was fit to be taken, for the satisfaction of those officers that will be out of employment by the earls of Essex, Manchester, and Denbigh's having surrendered their commissions; and to report the same to the House. It was also ordered, That the Declarations of the said earls be communicated to the Commons at a conference. VOL. III.

have passed the Ordinance sent up by you, for discharging the members of both houses from all offices, both military and civil, without any addition or alteration, to prevent delays: this Ordinance being passed, the lords think fit to propound that those places in the kingdom, which the nobility usually heretofore have been intrusted with, as the Great Seal, that of the Revenue, and the Admiralty and Navy, being now managed by committees, those committees may consist of members of both houses, as the power they exercise is derived from both: to this end they desire, that the Great Seal may be continued in the hands of those lords and commons who are now intrusted with it; that a proportionable number of lords may be added to the committee for the Revenue; that the Admiralty and Navy may be settled in a committee of lords and commons, chosen for that purpose; and, lastly, that this may be done 2 A

by Ordinance of parliament, to continue for six months."

commons in regard to the preservation of the Peerage, and what was to be delivered at a conference about it, read the following Paper, which was agreed to by the whole house:

"The lords taking into consideration the seasonable and acceptable Declaration, which the house of commons lately made with respect to the Peers, have thought fit to let you know, that, notwithstanding some discourses that pass frequently about this town, they could never suspect that the house of commons, composed of so many gentlemen of antient families, would do any act to the prejudice of the nobility of England; so as, upon this assurance which you have given them by this Declaration, they do rest fully satisfied of the house of common real intention to maintain the rights, privileges, and honours belonging to the places and per sons of the peers; which doth not only er courage them chearfully to join with you in hazarding their lives and fortunes, for the car rying on of this common cause, wherein both houses and the whole kingdom are now deeply engaged; but will, by the blessing of God, prove the most effectual and certain means so firmly to unite the houses, and settle so perfect an understanding between them, shall frustrate the endeavours of all those who seek to misinform, asperse, or divide the houses; and may, probably, soonest deliver the kingdom from the miseries which they suffer by this unnatural war: and the lords de desire the house of commons to be assured, that they will be as tender of any thing th concerns the house of commons, as they can be of their own honour and just rights."

The ORDINANCE was as follows: "Be it ordained by the lords and cominons assembled in parliament, That all and every of the members of either house of parliament shall be, and, by authority of this Ordinance, are, discharged, at the end of 40 days after the passing of this Ordinance, of and from all and every office or command military or civil, granted or conferred by both or either of the said houses of this present parliament, or by any authority derived from both or either of them, since the 20th of Nov. 1640.-And be it further ordained, That all other governors and commanders of any islands, town, castle or fort, and all other colonels, and officers inferior to colonels in the several armies, not being members of either of the said houses of parliament, shall, according to their respective commissions, continue in their several places and commands wherein they were employed and intrusted the 20th of March, 1644, as if this Ordinance had not been made. And that the vice-admiral, rear-admiral, and all other captains, and other inferior officers in the fleet, shall, according to their several and respective commissions, continue in their several places and commands wherein they were employed and intrusted the said 20th of March, 1644, as if this Ordinance had not been made.-Provided always, and it is further ordained and declared, That during this war, the benefit of all othces, being neither military nor judicial, hereafter to be granted, or any way to be appointed to any person or persons by both or either house of parliament, or by authority derived from thence, shall go, and enure to such public uses, as both houses of parliament shall appoint; and the grantees and persons, executing all such offices, shall be accountable to the parliament for all the profits and perquisites thereof, and shall have no profit out of any such office, other than a competent salary for the execution of the same, in such manner as both houses of parliament shall order and ordain.-Provided, That this Ordinance shall not extend to take away the power and authority of any lieutenancy, or deputy-lieutenancy, in the several counties, cities or places; or of any Custos Rotulorum, or of any commission for justice of peace, or sewers, or any commission of oyer and terminer, or goal-delivery.-Pro- I, A. B. do swear from my heart, that vided always, and it is hereby declared, That will not, directly nor indirectly, adhere unto me those members of either house, who had off-willingly assist the king in this war, or in tis ces by grant from his majesty before this parliament, and were by his majesty displaced sitting this parliament, and have since, by authority of both houses, been restored, shall not, by this Ordinance, be discharged from their said offices or profits thereof, but shall enjoy the same; any thing in this Ordinance to the contrary thereof notwithstanding."

The Lords Answer to the Cominons' Declaration in regard to the Pecrage.] April 4. The carl of Northumberland, from the committée appointed to consider of the Declaration of the

Ordinance for an Oath to be taken by that come in to the Protection of the Par meat.] April 5. The lords read a third the and passed an Ordinance, 'For enabling the commissioners of the great seal, and the other committees in their several counties, to tender an Oath to all such persons, of what degree or quality soever, that should come in to the Protection of the Parliament. By this Orde nance, every person, that had lived within the king's quarters, or been aiding, assisting, adhering unto the forces raised against the parliament, and had or should come to inh bit or reside under the power and protecte of the parliament, was required to take the fo lowing Oath:

cause, against the parliament, nor any forces raised, without the consent of the two house of parliament, in this cause or war. And I likewise swear, That my coming and submitting myself under the power and protection of the parliament, is without any manner of desig whatsoever to the prejudice of the proceedings of the two houses of this present parliament; and without the direction, privity, or advice of the king, or any of his council or officers, other than what I have now made known. So help me God, and the contents of this book.”