96. RECORDS OF THE LONG PARLIAMENT (1640-42)

(A) Triennial Act (1641)

An act for the preventing of inconveniences happening by the long 
intermission of parliaments. Whereas by the laws and statutes of this realm 
the parliament ought to be holden at least once every year for the redress 
of grievances, but the appointment of the time and place for the holding 
thereof hath always belonged, as it ought, to his majesty and his royal 
progenitors; and whereas it is by experience found that the not holding of 
parliaments accordingly hath produced sundry and great mischiefs and 
inconveniences to the king's majesty, the church, and commonwealth: for the 
prevention of the like mischiefs and inconveniences in time to come, be it 
enacted by the king's most excellent majesty, with the consent of the lords 
spiritual and temporal and the commons in this present parliament assembled, 
that the said laws and statutes be from henceforth duly kept and observed. 
And your majesty's loyal and obedient subjects, in this present parliament 
now assembled, do humbly pray that it be enacted, and be it enacted 
accordingly by the authority of this present parliament, that, in case there 
be not a parliament summoned by writ under the great seal of England and 
assembled and held before the 10th day of September which shall be in the 
third year next after the last day of the last meeting and sitting in this 
present parliament ... — and so from time to time and in all times 
hereafter, if there shall not be a parliament assembled and held before the 
10th day of September which shall be in the third year next after the last 
day of the last meeting and sitting in parliament before that time assembled 
and held ... — that then ... the parliament shall assemble and be held in 
the usual place at Westminster in such manner and by such means only as is 
hereafter in this present act declared and enacted, and not otherwise, on 
the second Monday which shall be in the month of November then next ensuing. 
And in case this present parliament now assembled and held, or any other 
parliament which shall at any time hereafter be assembled and held ... , 
shall be prorogued or adjourned ... until the 10th day of September which 
shall be in the third year next after the last day of the last meeting and 
sitting in parliament ... , that then ... every such parliament so prorogued 
or adjourned ... shall from the said 10th day of September be thenceforth 
clearly and absolutely dissolved, and the lord chancellor of England, the 
lord keeper of the great seal of England, and every commissioner and 
commissioners for the keeping of the great seal of England, for the time 
being, shall within six days after the said 10th day of September, in every 
such third year as aforesaid, in due form of law and without any further 
warrant or direction from his majesty, his heirs, or successors, seal, issue 
forth, and send abroad several and respective writs to the several and 
respective peers of this realm, commanding every such peer that he 
personally be at the parliament to be held at Westminster on the second 
Monday which shall be in November next following the said 10th day of 
September ...; and shall also seal and issue forth ... several and 
respective writs to the several and respective sheriffs of the several and 
respective counties, cities, and boroughs of England and Wales ... , and to 
all and every other officers and persons to whom writs have used to be 
directed, for the electing of the knights, citizens, barons, and burgesses 
of and for the said counties, cities, Cinque Ports, and boroughs of England 
and Wales respectively, in the accustomed form, to appear and serve in 
parliament to be held at Westminster on the said second Monday, which shall 
be in November aforesaid; which said peers, after the said writs received, 
and which said knights, citizens, barons, and burgesses chosen by virtue of 
the said writs, shall then and there appear and serve in parliament 
accordingly. And the said lord chancellor, lord keeper, commissioner and 
commissioners aforesaid, shall respectively take a solemn oath upon the Holy 
Evangelists for the due issuing of writs according to the tenor of this 
act....[1]

And it is lastly provided and enacted, that his majesty's royal assent to 
this bill shall not thereby determine this present session of parliament, 
and that all statutes and acts of parliament which are to have continuance 
unto the end of this present session shall be of full force after his 
majesty's assent, until this present session be fully ended and determined. 
And if this present session shall determine by dissolution of this present 
parliament, then all the acts and statutes aforesaid shall be continued 
until the end of the first session of the next parliament.

                  Statutes of the Realm, V, 54 f.; 16 Charles I, c. l.

(B) Act for the Attainder of Strafford (1641)

An act for the attainder of Thomas, earl of Strafford, of high treason. 
Whereas the knights, citizens, and burgesses of the house of commons in this 
present parliament assembled, have, in the name of themselves and of all the 
commons of England, impeached Thomas, earl of Strafford, of high treason for 
endeavouring to subvert the ancient and fundamental laws and government of 
his majesty's realms of England and Ireland and to introduce an arbitrary 
and tyrannical government against law in the said kingdoms, and for 
exercising a tyrannous and exorbitant power above and against the laws of 
the said kingdoms over the liberties, estates, and lives of his majesty's 
subjects, and likewise for having by his own authority commanded the laying 
and sessing of soldiers upon his majesty's subjects in Ireland, against 
their consents, to compel them to obey his unlawful summons and orders, made 
upon paper petitions in causes between party and party, which accordingly 
was executed upon divers of his majesty's subjects in a warlike manner 
within the said realm of Ireland; and [whereas] in so doing [he] did levy 
war against the king's majesty and his liege people in that kingdom; and 
also for that he, upon the unhappy dissolution of the last parliament, did 
slander the house of commons to his majesty and did counsel and advise his 
majesty that he was loose and absolved from rules of government, and that he 
had an army in Ireland which he might employ to reduce this kingdom — for 
which he deserveth to undergo the pains and forfeitures of high treason — 
and [whereas] the said earl hath also been an incendiary of the wars between 
the two kingdoms of England and Scotland; all which offences hath been 
sufficiently proved against the said earl upon his impeachment: be it 
therefore enacted by the king's most excellent majesty and by the lords and 
commons in this present parliament assembled, and by authority of the same, 
that the said earl of Strafford, for the heinous crimes and offences 
aforesaid, stand and be adjudged attainted of high treason, and shall suffer 
such pains of death, and incur the forfeitures of his goods and chattels, 
lands, tenements, and hereditaments of any estate of freehold or inheritance 
in the said kingdoms of England and Ireland, which the said earl or any 
other to his use, or in trust for him, have or had the day of the first 
sitting of this ... parliament, or at any time since....

                             Ibid., V, 177 f.: 16 Charles I, c. 38.

(C) Act to Continue the Existing Parliament (1641)

An act to prevent inconveniences which may happen by the untimely 
adjourning, proroguing, or dissolving of this present parliament.... Be it 
declared and enacted by the king our sovereign lord with the assent of the 
lords and commons in this present parliament assembled, and by the authority 
of the same, that this present parliament now assembled shall not be 
dissolved unless it be by act of parliament to be passed for that purpose, 
nor shall be, at any time or times during the continuance thereof, prorogued 
or adjourned, unless it be by act of parliament to be likewise passed for 
that purpose; and that the house of peers shall not at any time or times 
during this present parliament be adjourned, unless it be by themselves or 
by their own order; and in like manner, that the house of commons shall not, 
at any time or times during this present parliament, be adjourned, unless it 
be by themselves or by their own order; and that all and every thing or 
things whatsoever done or to be done for the adjournment, proroguing, or 
dissolving of this present parliament contrary to this act shall be utterly 
void and of none effect.

                              Ibid., V, 103 f.: 16 Charles I, c. 7.

(D) Tunnage and Poundage Act (1641)

A subsidy granted to the king of tunnage, poundage, and other sums of money 
payable upon merchandise exported and imported. Whereas, upon examination in 
this present parliament of divers of the farmers, customers, and collectors 
of the customs upon merchandise, and likewise upon their own confession, it 
appeared that they have taken divers great sums of money of his majesty's 
subjects, and likewise of merchants aliens for goods imported and exported 
by the names of a subsidy of tunnage and poundage, and by colour of divers 
other impositions laid upon merchandise, which have been taken and received 
against the laws of the realm, in regard the said sums of money and 
impositions were not granted by common consent in parliament ...: be it 
therefore declared and enacted by the king's most excellent majesty and the 
lords and commons in this present parliament assembled, and it is hereby 
declared and enacted, that it is and hath been the ancient right of the 
subjects of this realm that no subsidy, custom, impost, or other charge 
whatsoever ought or may be laid or imposed upon any merchandise exported or 
imported by subjects, denizens, or aliens without common consent in 
parliament.

Yet, nevertheless, the commons ... , taking into their consideration the 
great peril that might ensue to this realm by the not guarding of the seas 
and the other inconveniences which might follow in case the said sums of 
money should upon the sudden be forborne to be paid, by and with the advice 
of the lords in this present parliament assembled and by the authority of 
the same, do give and grant to our supreme liege lord and sovereign one 
subsidy called tunnage — that is to say, of every tun of wine that is or 
shall come into this realm or any his majesty's dominions by way of 
merchandise the sum of 3s.... — and also one other subsidy called poundage — 
that is to say, of all manner of goods and merchandise of every merchant, 
denizen, and alien carried or to be carried out of this realm, or any his 
majesty's dominions, or to be brought into the same by way of merchandise, 
of the value of every 20s. of the same goods and merchandise 12d....[2] — to 
have, take, enjoy, and perceive the subsidies aforesaid, and other the 
forementioned sums and every of them ... from the five-and-twentieth of May, 
1641, to the fifteenth of July next ensuing....

                                Ibid., V, 104: 16 Charles I, c. 8.

(E) Act Abolishing Arbitrary Courts (1641)

An act for the regulating the privy council and for taking away the court 
commonly called the star chamber.... Forasmuch as all matters examinable or 
determinable ... in the court commonly called the star chamber may have 
their proper remedy and redress and their due punishment and correction by 
the common law of the land and in the ordinary course of justice elsewhere; 
and forasmuch as the reasons and motives inducing the erection and 
continuance of that court do now cease, and the proceedings, censures, and 
decrees of that court have by experience been found to be an intolerable 
burden to the subjects and the means to introduce an arbitrary power and 
government; and forasmuch as the council table hath of late times assumed 
unto itself a power to intermeddle in civil causes and matters only of 
private interest between party and party, and have adventured to determine 
of the estates and liberties of the subject contrary to the law of the land 
and the rights and privileges of the subject, by which great and manifold 
mischiefs and inconveniences have arisen and happened, and much uncertainty 
by means of such proceedings hath been conceived concerning men's rights and 
estates: for settling whereof and preventing the like in time to come, be it 
ordained and enacted by the authority of this present parliament that the 
said court commonly called the star chamber, and all jurisdiction, power, 
and authority belonging unto or exercised in the same court, or by any the 
judges, officers, or ministers thereof, be from the first day of August, in 
the year of our Lord God 1641, clearly and absolutely dissolved, taken away, 
and determined....

And be it likewise enacted that the like jurisdiction now used and exercised 
in the court before the president and council in the marches of Wales; and 
also in the court before the president and council established in the 
northern parts; and also in the court commonly called the court of the duchy 
of Lancaster, held before the chancellor and council of the court; and also 
in the court of exchequer of the county palatine of Chester, held before the 
chamberlain and council of that court ... shall, from the said first day of 
August, 1641, be also repealed and absolutely revoked and made void....

Be it likewise declared and enacted by authority of this present parliament, 
that neither his majesty nor his privy council have or ought to have any 
jurisdiction, power, or authority by English bill, petition, articles, 
libel, or any other arbitrary way whatsoever, to examine or draw into 
question, determine, or dispose of the lands, tenements, hereditaments, 
goods, or chattels of any the subjects of this kingdom, but that the same 
ought to be tried and determined in the ordinary courts of justice and by 
the ordinary course of the law.

                               Ibid., V, 110: 16 Charles I, c. 10.

(F) Act Abolishing the Court of High Commission (1641)

An act for the repeal of a branch of a statute ... concerning commissioners 
for causes ecclesiastical. Whereas in the parliament holden in the first 
year of the reign of the late Queen Elizabeth ... there was an act made 
...;[3] and whereas, by colour of some words in the foresaid ... act whereby 
commissioners are authorized to execute their commission according to the 
tenor and effect of the king's letters patents and by letters patents 
grounded thereupon, the said commissioners have, to the great and 
insufferable wrong and oppression of the king's subjects, used to fine and 
imprison them, and to exercise other authority not belonging to 
ecclesiastical jurisdiction restored by that act, and divers other great 
mischiefs and inconveniences have also ensued to the king's subjects by 
occasion of the ... commissions issued thereupon and the executions thereof: 
therefore, for the repressing and preventing of the foresaid abuses, 
mischiefs, and inconveniences in time to come, be it enacted by the king's 
most excellent majesty and the lords and commons in this present parliament 
assembled, and by the authority of the same, that the foresaid branch, 
clause, article, or sentence contained in the said act ... shall from 
henceforth be repealed ... and utterly made void forever....

And be it also enacted by the authority aforesaid that no archbishop, bishop 
... , nor any other person or persons whatsoever exercising spiritual or 
ecclesiastical power, authority, or jurisdiction ... shall from and after 
the first day of August, which shall be in the year of our Lord God 1641, 
award, impose or inflict any pain, penalty, fine, amercement, imprisonment, 
or other corporal punishment upon any of the king's subjects for any 
contempt, misdemeanour, crime, offence, matter, or thing whatsoever 
belonging to spiritual or ecclesiastical cognizance or jurisdiction, or 
shall ex officio, or at the instance or promotion of any other person 
whatsoever ... , minister unto any ... person whatsoever any corporal oath, 
whereby he or she shall or may be charged or obliged to make any presentment 
of any crime or offence, or to confess or to accuse him or herself of any 
crime, offence, delinquency, or misdemeanour, or any neglect ... , or thing 
whereby, or by reason whereof, he or she shall or may be liable or exposed 
to any censure, pain, penalty, or punishment whatsoever....[4]

And be it further enacted that, from and after the said first day of August, 
no new court shall be erected, ordained, or appointed within this realm of 
England or dominion of Wales which shall or may have the like power, 
jurisdiction, or authority as the said high commission court now hath or 
pretendeth to have; but that all and every such letters patents, 
commissions, and grants made or to be made by his majesty, his heirs, or 
successors, and all powers and authorities granted or pretended or mentioned 
to be granted thereby, and all acts, sentences, and decrees to be made by 
virtue or colour thereof shall be utterly void and of none effect.

                             Ibid., V, 112 f.: 16 Charles I, c. 11.

(G) Act Abolishing Ship Money (1641)

An act for the declaring unlawful and void the late proceedings touching 
ship money and for the vacating of all records and process concerning the 
same. Whereas divers writs of late time issued under the great seal of 
England, commonly called ship writs, for the charging of the ports, towns, 
cities, boroughs, and counties of this realm respectively to provide and 
furnish certain ships for his majesty's service; and whereas, upon the 
execution of the same writs ... , process hath been thence made against 
sundry persons pretended to be charged by way of contribution for the making 
up of certain sums assessed for the providing of the said ships, and in 
especial ... against John Hampden, esquire ...;[5] and whereas some other 
actions and process depend ... against other persons for the like kind of 
charge grounded upon the said writs commonly called ship writs, all which 
writs and proceedings as aforesaid were utterly against the law of the land: 
be it therefore declared and enacted by the king's most excellent majesty 
and the lords and the commons in this present parliament assembled, and by 
the authority of the same, that the said charge imposed upon the subject for 
the providing and furnishing of ships commonly called ship money ... , and 
the said writs ... and the said judgment given against the said John 
Hampden, were and are contrary to and against the laws and statutes of this 
realm, the right of property, the liberty of the subjects, former 
resolutions in parliament, and the Petition of Right made in the third year 
of the reign of his majesty that now is.

And it is further declared and enacted ... that all ... particulars prayed 
or desired in the said Petition of Right shall from henceforth be put in 
execution accordingly, and shall be firmly and strictly holden and observed 
as in the same petition they are prayed and expressed; and that all ... the 
records ... of all ... the judgment, enrolments ... , and proceedings as 
aforesaid, and all ... the proceedings whatsoever, upon or by pretext ... of 
any of the said writs commonly called ship writs ... , shall be deemed ... 
to be utterly void....

                             Ibid., V, 116 f.: 16 Charles I, c. 14.

(H) Act Defining Forests and Forest Law (1641)

An act for the certainty of forests and of the meers, metes, limits, and 
bounds of the forests.[6] ... Be it declared and enacted by the king's most 
excellent majesty and the lords and commons in this present parliament 
assembled, and by the authority of the same, that from henceforth the metes 
... and bounds of all and every the forests respectively shall be to all 
intents and purposes taken, adjudged, and deemed to extend no further 
respectively than the metes ... and bounds ... were commonly known, used, or 
taken to be the metes ... and bounds of the said forests respectively in the 
twentieth year of the reign of our late sovereign lord, King James, and not 
beyond in any wise — any perambulation or perambulations, presentments, 
extents, surveys, judgments, records, decrees, or other matter or thing 
whatsoever to the contrary notwithstanding — and that all and every the 
presentments since the said twentieth year made ... and all and every 
judgment and award upon or by reason or pretext of any such presentment or 
presentments ... , and all and every fine and fines, and amercement and 
amercements, upon or by reason or colour of any such presentment or 
presentments shall from henceforth be adjudged, deemed, and taken to be 
utterly void and of no force or effect — any law, statute, record, or 
pretence whatsoever to the contrary notwithstanding.

And be it further enacted by the authority aforesaid that no place or places 
within this realm of England or dominion of Wales, where no such justice 
seat, swainmote, or court of attachment have been held or kept, or where no 
verderers have been chosen or regard made, within the space of sixty years 
next before the first year of his majesty's reign that now is, shall be at 
any time hereafter judged, deemed, or taken to be forest or within the 
bounds or metes of the forests; but the same shall be from henceforth 
forever disafforested and freed and exempted from the forest laws....[7]

                               Ibid., V, 119: 16 Charles I, c. 16.

(I) Act Abolishing Fines for Distraint of Knighthood (1641)

An act for the prevention of vexatious proceedings touching the order of 
knighthood.[8] ... Be it declared and enacted by the king's most excellent 
majesty and the lords and commons in this parliament assembled, and by the 
authority of the same, that from henceforth no person or persons of what 
condition, quality, estate, or degree soever, shall at any time be 
distrained or otherwise compelled by any writ or process of the court of 
chancery or court of exchequer, or otherwise by any means whatsoever, to 
receive or take upon him or them respectively the order or dignity of 
knighthood; nor shall suffer or undergo any fine, trouble, or molestation 
whatsoever by reason or colour of his or their having not received or not 
taken upon him or them the said order or dignity ...; and that all and every 
process, proceeding, and charge now depending by reason or colour of the 
said pretended custom or writs aforesaid, or of any the dependants thereof, 
shall from henceforth cease, and stand, be, and remain discharged and 
utterly void — any former law or custom, or any pretence of any former law 
or custom, or any other matter whatsoever to the contrary in any wise 
notwithstanding.

                               Ibid., V, 131: 16 Charles I, c. 20.

(J) Reply of Charles I to the Commons' Petition (1641)[9]

We having received from you soon after our return out of Scotland a long 
petition consisting of many desires of great moment, together with a 
declaration of a very unusual nature annexed thereunto, we had taken some 
time to consider of it, as befitted us in a matter of that consequence, 
being confident that your own reason and regard to us, as well as our 
express intimation by our comptroller to that purpose, would have restrained 
you from the publishing of it till such time as you should have received our 
answer to it; but, much against our expectation finding the contrary, that 
the said declaration is already abroad in print by directions from your 
house, as appears by the printed copy, we must let you know that we are very 
sensible of the disrespect. Notwithstanding, it is our intention that no 
failing on your part shall make us fail in ours of giving all due 
satisfaction to the desires of our people in a parliamentary way; and 
therefore we send your this answer to your petition, reserving ourself in 
point of the declaration, which we think unparliamentary, and shall take a 
course to do that which we shall think fit in prudence and honour.

To the petition we say that ... there are divers things in the preamble of 
it which we are so far from admitting that we profess we cannot at all 
understand them — as of "a wicked and malignant party prevalent in the 
government," of "some of that party admitted to our privy council and to 
other employments of trust and nearest to us and our children," of 
"endeavours to sow among the people false scandals and imputations to 
blemish and disgrace the proceedings of the parliament" — all or any of 
them, did we know of, we should be as ready to remedy and punish as you to 
complain of; so that the prayers of your petition are grounded upon such 
premises as we must in no wise admit. Yet, notwithstanding, we are pleased 
to give this answer to you.

To the first, concerning religion ... , we say that, for preserving the 
peace and safety of this kingdom from the design of the popish party, we 
have and will still concur with all the just desires of our people in a 
parliamentary way; that for the depriving of the bishops of their votes in 
parliament, we would have you consider that their right is grounded upon the 
fundamental law of the kingdom and constitution of parliament.... As for the 
abridging of the inordinate power of the clergy, we conceive that the taking 
away of the high commission court hath well moderated that; but if there 
continue any usurpations or excesses in their jurisdictions, we therein 
neither have nor will protect them. Unto that clause which concerneth 
corruptions (as you style them) in religion, in church government, and in 
discipline and the removing of such unnecessary ceremonies as weak 
consciences might check at ... , for any illegal innovations which may have 
crept in, we shall willingly concur in the removal of them.... If our 
parliament shall advise us to call a national synod, which may duly examine 
such ceremonies as give just cause of offence to any, we shall take it into 
consideration and apply ourself to give due satisfaction therein....

To the second prayer of the petition, concerning the removal and choice of 
councillors, we know not any of our council to whom the character set forth 
in the petition can belong.... By those whom we had exposed to trial, we 
have already given you sufficient testimony that there is no man so near 
unto us in place or affection, whom we will not leave to the justice of the 
law, if you shall bring a particular charge and sufficient proofs against 
him. And of this we do again assure you; but in the meantime we wish you to 
forbear such general aspersions as may reflect upon all our council, since 
you name none in particular. That for the choice of our councillors and 
ministers of state, it were to debar us that natural liberty all freemen 
have; and as it is the undoubted right of the crown of England to call such 
persons to our secret counsels, to public employment, and our particular 
service as we shall think fit, so we are and ever shall be very careful to 
make election of such persons in those places of trust as shall have given 
good testimonies of their abilities and integrity, and against whom there 
can be no just cause of exception whereon reasonably to ground a diffidence. 
And to choices of this nature we assure you that the mediation of the 
nearest unto us hath always concurred.

To the third prayer of your petition, concerning Ireland, we understand your 
desire of not alienating the forfeited lands thereof to proceed from much 
care and love, and likewise that it may be a resolution very fit for us to 
take. But whether it may be seasonable to declare resolutions of that nature 
before the events of a war be seen, that we much doubt of. Howsoever, we 
cannot but thank you for this care and your cheerful engagement for the 
suppression of that rebellion....

                      Rushworth Historical Collections, IV, 452 f.

(K) Orders of the Commons with Regard to Printing

[13 February 1641.] Ordered that the sub-committee heretofore appointed by 
the grand committee for religion concerning abuses in licensing and printing 
of books be now made a committee from the house and enlarged to take into 
consideration and examine all abuses in printing, licensing, importing, and 
suppressing of books of all sorts, and in denying licence to some books and 
expunging several passages out of other books....

[28 March 1642.] Resolved upon the question that what person soever shall 
print, [publish, or] sell any act or passages of this house under the name 
of a diurnal or otherwise, without particular licence of this house, shall 
be reputed a high contemner and breaker of the privilege of parliament, and 
so punished accordingly....

                          Journals of the Commons, II, 84, 501.

(L) Act Abolishing Temporal Power of the Clergy (1641)

An act for disenabling all persons in holy orders to exercise any temporal 
jurisdiction or authority. Whereas bishops and other persons in holy orders 
ought not to be entangled with secular jurisdiction, the office of the 
ministry being of such great importance that it will take up the whole man; 
and for that it is found by long experience that their intermeddling with 
secular jurisdictions hath occasioned great mischiefs and scandal both to 
church and state: his majesty, out of his religious care of the church, and 
souls of his people, is graciously pleased that it be enacted, and by 
authority of this present parliament be it enacted, that no archbishop or 
bishop or other person that now is or hereafter shall be in holy orders, 
shall ... have any seat or place, suffrage, or voice, or use, or execute any 
power or authority in the parliaments of this realm, nor shall be of the 
privy council of his majesty, his heirs, or successors, or justice of the 
peace ... or execute any temporal authority by virtue of any commission; but 
shall be wholly disabled and be incapable to have, receive, use, or execute 
any of the said offices, places, powers, authorities, and things 
aforesaid....

                 Statutes of the Realm, V, 138: 16 Charles I, c. 27.

(M) The Militia Ordinance (1642)[10]

An ordinance of parliament for the safety and defence of the kingdom of 
England and dominion of Wales. Whereas there hath been of late a most 
dangerous and desperate design upon the house of commons, which we have just 
cause to believe to be an effect of the bloody counsels of papists and other 
ill-affected persons, who have already raised a rebellion in the kingdom of 
Ireland; and [whereas] by reason of many discoveries we cannot but fear they 
will proceed not only to stir up the like rebellion and insurrections in 
this kingdom of England but also to back them with forces from abroad: for 
the safety, therefore, of his majesty's person, the parliament, and kingdom 
in this time of imminent danger, it is ordained by the lords and commons now 
in parliament assembled, that Henry, earl of Holland, shall be lieutenant of 
the county of Berks; Oliver, earl of Bolingbroke, shall be lieutenant of the 
county of Bedford....[11] And [they] shall severally and respectively have 
power to assemble and call together all and singular his majesty's subjects 
within the said several and respective counties and places, as well within 
liberties as without, that are meet and fit for the wars, and them to train 
and exercise and put in readiness, and them after their abilities and 
faculties well and sufficiently from time to time to cause to be arrayed and 
weaponed, and to take the muster of them in places most fit for that 
purpose; and ... shall severally and respectively have power ... to nominate 
and appoint such persons of quality as to them shall seem meet to be their 
deputy lieutenants, to be approved of by both houses of parliament; and ... 
shall have power to make colonels and captains and other officers ... as 
they shall think fit for that purpose; and ... shall have power to lead, 
conduct and employ the persons aforesaid arrayed and weaponed, for the 
suppression of all rebellions, insurrections, and invasions that may happen 
within the several and respective counties and places; and shall have power 
and authority to lead, conduct, and employ the persons aforesaid arrayed and 
weaponed, as well within their said several and respective counties and 
places as within any other part of this realm of England or dominion of 
Wales, for the suppression of all rebellions, insurrections, and invasions 
that may happen, according as they from time to time shall receive 
directions....

                                Journals of the Lords, IV, 587.

(N) Royal Proclamation (27 May 1642)

... Whereas we understand that, expressly contrary to the ... laws of 
this our kingdom, under colour ... of an ordinance of parliament, 
without our consent or any ... 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 ... 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 ..., do therefore, by this our proclamation, 
expressly charge and command all our sheriffs, and all colonels, 
lieutenant-colonels, sergeant-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, whereunto 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 this kingdom.

                                             Ibid., V, 111 f.

(O) Declaration of the Lords and Commons (27 May 1642)

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 ... 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 judgments should be given 
by them against the king's will and personal command, yet are they the 
king's judgments. 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 the 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 ... , 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 [they] 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.

                                             Ibid., V, 112 f.

(P) The Nineteen Propositions (1 June 1642)

Your majesty's most humble and faithful subjects, the lords and commons in 
parliament, having nothing in their thoughts and desires more precious and 
of higher esteem — next to the honour and immediate service of God — than 
the just and faithful performance of their duty to your majesty and this 
kingdom ... , do in all humility and sincerity present to your majesty their 
most dutiful petition and advice, that out of your princely wisdom ... you 
will be pleased to grant and accept these their humble ... propositions, as 
the most necessary effectual means, through God's blessing, of removing 
those jealousies and differences which have unhappily fallen betwixt you and 
your people ...: — 

1. That the lords and others of your majesty's privy council and ... great 
officers and ministers of state, either at home or beyond the seas, may be 
put from your privy council and from those offices and employments, 
excepting such as shall be approved of by both houses of parliament; and 
that the persons put into the places and employments of those that are 
removed may be approved of by both houses of parliament; and that all privy 
councillors shall take an oath for the due execution of their places in such 
form as shall be agreed upon by both houses of parliament.

2. That the great affairs of the kingdom may not be concluded or transacted 
by the advice of private men, or by any unknown or unsworn councillors; but 
that such matters as concern the public and are proper for the high court of 
parliament, which is your majesty's great and supreme council, may be 
debated, resolved, and transacted only in parliament, and not elsewhere. And 
such as shall presume to do anything to the contrary shall be reserved to 
the censure and judgment of parliament. And such other matters of state as 
are proper for your majesty's privy council shall be debated and concluded 
by such of the nobility and others as shall from time to time be chosen for 
that place, by approbation of both houses of parliament. And that no public 
act concerning the affairs of the kingdom, which are proper for your privy 
council, may be esteemed of any validity, as proceeding from the royal 
authority, unless it be done by the advice and consent of the major part of 
your council, attested under their hands. And that your council may be 
limited to a certain number, not exceeding twenty-five, nor under fifteen. 
And if any councillor's place happen to be void in the intervals of 
parliament, it shall not be supplied without the assent of the major part of 
the council; which choice shall be confirmed at the next sitting of 
parliament, or else to be void.

3. That the lord high steward of England, lord high constable, lord 
chancellor, or lord keeper of the great seal, lord treasurer, lord privy 
seal, earl marshal, lord admiral, warden of the Cinque Ports, chief governor 
of Ireland, chancellor of the exchequer, master of the wards, secretaries of 
state, two chief justices, and chief baron, may always be chosen with the 
approbation of both houses of parliament....

4. That he or they unto whom the government and education of the king's 
children shall be committed shall be approved of by both houses of 
parliament....

5. That no marriage shall be concluded or treated for any of the king's 
children with any foreign prince or other person whatsoever, abroad or at 
home, without the consent of parliament....

6. That the laws in force against Jesuits, priests, and popish recusants be 
strictly put in execution, without any toleration or dispensation to the 
contrary....

7. That the votes of popish lords in the house of peers may be taken 
away....

8. That your majesty would be pleased to consent that such a reformation be 
made of the church government and liturgy as both houses of parliament shall 
advise....

9. That your majesty will be pleased to rest satisfied with that course that 
the lords and commons have appointed for ordering the militia until the same 
shall be further settled by a bill; and that your majesty will recall your 
declarations 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 privy councillors and judges may take an oath, the form whereof 
to be agreed on and settled by act of parliament, for the maintaining of the 
Petition of Right and of certain statutes made by this parliament, which 
shall be mentioned by both houses of parliament....

12. That all the judges and all the officers placed by approbation of both 
houses of parliament may hold their places quam diu bene se gesserint.[12]

13. That the justice of parliament may pass upon all delinquents, whether 
they be within the kingdom or fled out of it....

14. That the general pardon offered by your majesty may be granted, with 
such exceptions as shall be advised 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 majesty shall appoint with the 
approbation of your parliament....

16. That the extraordinary guards and military forces now attending your 
majesty may be removed and discharged; and that for the future you will 
raise no such guards or extraordinary forces, but according to the law, in 
case of actual rebellion or invasion.

17. That your majesty will be pleased to enter into a more strict alliance 
with the states of the United Provinces, and other neighbouring princes and 
states of the Protestant religion....

18. That your majesty will be pleased, by act of parliament, to clear the 
lord Kimbolton and the five members of the house of commons[13] in such 
manner that future parliaments may be secured from the consequence of that 
evil precedent.

19. That your majesty will be graciously pleased to pass a bill for 
restraining peers made hereafter from sitting or voting in parliament, 
unless they be admitted thereunto with the consent of both houses of 
parliament.

And these our humble desires being granted by your majesty, 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 royal dignity 
in honour and plenty, beyond the proportion of any former grants of the 
subjects of this kingdom to your majesty's royal predecessors....

                                              Ibid., V, 97 f.



[1] Elaborate provision is made for the assembling of parliament even should 
such royal officials fail to carry out their oath. Penalties are established 
for disobedience. And it is provided that this act shall be read annually in 
local courts and assizes.

[2] The poundage on tin was double the normal rate. Wool, wool-fells, and 
woolen cloth were excepted from the force of this article, being taxed 
according to a separate schedule placed in the article following. Finally, 
it was provided that tobacco from the English plantations should pay only 
2d. on the pound.

[3] Here is recited the clause in the statute of 1559 (no. 81A) establishing 
the court of high commission.

[4] See above, p. 470.

[5] The preamble here reviews the proceedings in Hampden's case (no. 94C).

[6] The preamble recites the recent abuses in this connection; cf. no. 93C.

[7] Other articles provide for inquests under parliamentary commission to 
enforce these enactments.

[8] The preamble recites the recent exactions made for this purpose; see no. 
93A.

[9] This royal letter, dated December 23, was made in answer to a petition 
of the house of commons, dated December 1, that accompanied the Grand 
Remonstrance. The latter document was a long enumeration of parliamentary 
grievances alleging in particular a "malignant and pernicious design of 
subverting the fundamental laws and principles of government" on the part of 
papists, certain members of the clergy, and unscrupulous courtiers. The 
articles of the petition, which was designed to meet the evils thus 
enumerated, are clearly rehearsed in the king's reply.

[10] When the king refused to sign this enactment in the form of a bill, it 
was turned into an ordinance of parliament.

[11] Similar appointments are made for the other counties.

[12] During good behaviour.

[13] The five members whom Charles had tried to arrest in the famous scene 
on 4 January 1642.