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II. Provided always that this Act shall not extend to the pressing of any clergyman, or any scholars or students or privileged persons of either of the Universities, Inns of Court or Chancery, or any of the trained bands of this realm, or to the pressing of any other person who was rated towards the payment of the lost subsidies, or that shall be rated or taxed towards the payment of any subsidies here after to be granted before the time of such impressing, or to the eldest son of any person who is or shall be before the time of such impressing rated in the subsidy-book at £3 lands or £5 goods, or to any person of the rank or degree of an esquire or upwards, or to the son of any
person of the said rank or degree, or of the widow of any such person, or to any person under the age of eighteen or above the age of threescore years, or to any mariners, seamen or fishermen.
III. Provided also, and be it enacted, that no money or other reward shall be taken, or other corrupt practice used in or for the pressing, changing or releasing of any person impressed, or to be impressed by force of this Act, by any person hereby authorised in that behalf or their agents, under pain of forfeiture of £20 by every person so offending for every such offence, to be paid and employed to the Treasurers of the maimed soldiers in manner and to the uses aforesaid.
IV. Provided also, and be it enacted, that this present Act shall not extend to the impressing of any of the menial servants of the members or assistants or officers of the Lords' House of Parliament, or to the menial servants of the members or officers of the House of Commons, or of any of the inhabitants of the Isle of Wight, or of the Isle of Anglesey, or of any of the Cinque Ports, or members thereof.
41. THE MILITIA ORDINANCE. [March 5, 1641. Journals of the House of Lords, iv. 587. See Hist. of
Engl. x. 167, 1711.] An Ordinance of the Lords and Commons in 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 1 A very similar Ordinance was sent up to the Lords on Feb. 15 and accepted by them on the 16th (Journals of the House of Lords, iv. 587). 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 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 Boling: broke shall be Lieutenant of the County of Bedford, &c.
And shall severally and respectively have power to assemble and call together all and singular His Majesty's subjects, within the said several and respective countiesand 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 the aforesaid Henry Earl of Holland, Oliver Earl of Bolingbroke, &c., shall severally and respectively have power within the several and respective counties and places aforesaid, 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 that any one or more of the said deputies so assigned and approved of in the absence or by the command of the said Henry Earl of Holland, Oliver Earl of Bolingbroke, &c., shall have power and authority to do and execute within the said several and respective counties and places to them assigned as aforesaid, all such powers and authorities before in this present Ordinance contained ; and the aforesaid Henry Earl of Holland, Oliver Earl of Bolingbroke, &c., shall have power to make colonels, captains and other officers, and to remove out of their places, and make others from It was sent to the King, and his answer having been voted to be a denial, the Lords returned the Ordinance to the Commons in a slightly altered form. It was finally adopted by both Houses on March 5.
by the King's Most Excellent Majesty,' is here inserted in the Ordin. ance of February 16.
2 most' is omitted in the Ordinance of February 16.
time to time, as they shall think fit for that purpose ; and the said Henry Earl of Holland, Oliver Earl of Bolingbroke, &c., their deputy or deputies in their absence or by their command, 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 from the Lords and Commons assembled in Parliament.
And be it further ordained, that Sir John Gayre, Sir Jacob Garret, Knights, &c., citizens of London, or any six or more of them, shall have such power and authority within the City of London as any of the Lieutenants before named are authorised to have by this Ordinance, within the said several and respective counties (the nomination and appointment of Deputy Lieutenants only excepted). And it is further ordained, that such persons as shall not obey in any of the premises, shall answer their neglect and contempt to the Lords and Commons in a Parliamentary way, and not otherwise nor elsewhere, and that every the powers granted as aforesaid shall continue until it shall be otherwise ordered or declared by both Houses of Parliament and no longer.
THE DECLARATION OF THE HOUSES ON CHURCH
[April 8, 1642. Journals of the House of Lords, iv. 706. See Hist. of
Engl. x. 186.] The Lords and Commons so declare, that they intend a due and necessary reformation of the government and liturgy of the Church, and to take away nothing in the one or the other but what shall be evil and justly offensive, or at least, unnecessary and burdensome; and, for the better effecting thereof, speedily to have consultation with godly
1. by His Majesty's authority, signified unto them by' stands in the Ordinance of February 16 in the place of 'from.'
and learned divines; and because this will never of itself attain the end sought therein, they will therefore use their utmost endeavour to establish learned and preaching ministers, with a good and sufficient maintenance, throughout the whole kingdom, wherein many dark corners are miserably destitute of the means of salvation, and many poor ministers want necessary provision.
43. THE KING'S PROCLAMATION CONDEMNING THE
By the King
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. Whereas, by the statute made in the seventh year of King Edward the First", the Prelates, Earls, Barons and Commonalty of the realm affirmed in Parliament, that to the King it belongeth, and his part it is by his royal seigniory straightly to defend wearing of armour and all other force against the peace, at all times when it shall please him, and to punish them which do the contrary according to the laws and usages of the realm ; and hereunto all subjects are bound to aid the King as their sovereign lord, at all seasons when need shall be; and whereas we understand that, expressly contrary to the said statute and other good laws of this our kingdom, under colour and pretence of an Ordinance of Parliament, without our consent, or any commission or warrant from us, the trained bands and militia of this kingdom have been lately, and are intended to be put in arms, and drawn into companies in a warlike manner, whereby the peace and quiet of our subjects is, or may be, disturbed; we being desirous, by all gracious and fair admonitions, to prevent that some malignant persons in this our kingdom do not by degrees seduce our good subjects from their due obedience to us and the laws of this our kingdom, subtilely endeavouring,
1 This is not printed amongst the Statutes of the Realm. See No. 45.
by a general combustion or confusion, to hide their mischievous designs and intentions against the peace of this our kingdom, and under a specious pretence of putting our trained bands into a posture, draw and engage our good subjects in a warlike opposition against us, as our town of Hull is already by the treason of Sir John Hotham, who at first pretended to put a garrison into the same only for security and service.
We do therefore, by this our Proclamation, expressly charge and command all our sheriffs, and all colonels, lieutenantcolonels, sergeant-majors, captains, officers and soldiers, belonging to the traindd 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 of 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. Given at our Court at York
the 27th day of May, 1642.
44. THE NINETEEN PROPOSITIONS SENT BY THE TWO HOUSES
OF PARLIAMENT TO THE KING AT YORK. [June 11, 1642. Journals of the House of Lords, v. 97. See Hist. of
Engl. x. 196.] 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
1 Rushworth (iv. 722) gives the date of June 2, but see Lords' Journals, V. 100. In my History I have followed Rushworth's date. The propositions may not have been actually despatched till that day. At all events June 1 is the date of their final acceptance by the Houses.