The House was likewise informed, That Sir Peter An. 18. Car. I.

Killigrew, who was to carry the Letter sent last from the Parliament to the King, went as far as Brent

1642.

November.

ford, where he found the King's Army engaged with fome Regiments of the Lord-General's; and that Where both Arthen endeavouring to go by Uxbridge, he was there mies engage. also stopp'd by fome Dragoons belonging to the King's Army; and upon that he returned back with the Letter, which he desired to know what to do with.

The Lord-General faying, at the fame Time, That he had placed three Regiments at Brentford, before the Committee of Lords and Commons came from the King, it was resolved to have a Conference with the Commons on all these Matters; and to appoint a Committee to draw up a Declaration; which, with the Letters pro and con, were to be forthwith printed and published, in order to vindiThe Parliament cate the Actions and Defires of both Houses, con- defire the Earl of cerning Peace and a Cefsation of Arms. At this Effex to make Conference, however, it was recommended to the use of all Advan Lord-General, by both Houses, to take all Advantage against the Enemy, wherever he found them.

tages.

London raise

Nov. 15. The Commons refolved to accept of an Offer of the Citizens of London, whereby they The Citizens of engaged to raise 1000 Light Horse and 3000 Dra-Light Horse and goons, for the Service of the Parliament, to be Dragoons. commanded by the Lord-General alone, and to be accountable to none but himself by the Advice of both Houses. They also recommended SerjeantMajor-General Skippon, who formerly had commanded the Guard appointed to attend both Houses, to command those Horse and Dragoons in Chief under the Lord-General; and Col. Hurrey under Mr. Skippon k. Mr. Whitlocke gives us the following Speech of the latter to his Soldiers; who, he fays,

C.3

An. 18. Car. I. says, were more taken with it than with a formal 1642. Oration.

November.

COME my Boys, my brave Boys, let us pray heartily and fight heartily, I will run the fame Fortunes Mr. Skippon's Speech to those and Hazards with you. Remember the Caufe is for God, and for the Defence of yourselves, your Wives, and Children. Come my honest brave Boys, pray heartily and fight heartily, and God will blefs us.

Troops.

The Parliament's Anfwer to the King's laft Meffage.

Nov. 16. The Committee of Safety having drawn up an Answer to the King's last Message, it was this Day read and agreed to by both Houses, and was in hæc Verba:

T

O your Majesty's Message of the 12th of this Month of November, we the Lords and Commons in Parliament do make this humble 'Answer, That this Message was not delivered to ' us till Monday the 14th. We thought it a strange 'Introduction to Peace, that your Majesty should 'fend your Army to beat us out of our Quarters at 'Brentford, and then appoint that Place to receive

our Propofitions; which yet, it plainly appears, 'your Majefty intended not to receive, 'till you ' had first tried whether you could break through ' the Army, raised for the Defence of this Kingdom ' and Parliament, and take the City, being unpro'vided and secure in Expectation of a fair Treaty ' made to fecure the City: If herein your Majesty 'had prevailed, after you had destroyed the Army ' and master'd the City, it is easy to imagine what 'a miferable Peace we should have had: And whe'ther those Courses be suitable to the Expressions

your Majesty is pleased to make, in your Anfwer ' to our Petition, of your Earnestness to avoid any 'further Effusion of Blood, let God and the World 'judge.

'As for our Proceedings, they have, in all 'Things, been answerable to our Profeffions: We gave Directions to the Earl of Effex to draw the 'Army under his Command out of the City and * Suburbs, before we fent any Message to your Ma

jefty,

1642.

November.

jefty, fo that Part of it was quartered in Brentford An. 1S. Car. I. • before the Committee return'd with your Answer; ' and immediately upon the Receipt thereof, that very Morning, Order was taken that the Soldiers < should exercise no Acts of Hoftility against any of < your Majesty's People: We fent a Letter by Sir

Peter Killigrew to know your Majesty's Pleasure, • whether you intended the like Forbearance of Ho'stility; but the Fury of your Soldiers, thirsting • after Blood and Spoil, prevented the Delivery of 'the Letter; for coming, upon Saturday, in his Way ' towards your Majesty, as far as Brentford, he ' found them in Fight there, and could pass no far'ther. God, who fees our Innocency, and that we have no Aims but for his Glory and the Public • Good, will, we hope, free your Majesty from these • deftructive Counsels of fome, who labour to main

tain their own Power by Blood and Rapine; and < bless our Endeavours, who seek nothing but to pro⚫ cure and establish the Honour, Peace, and Safety ' of your Majesty and Kingdoms, upon the fure • Foundations of Religion and Justice.'

The Lord Grey, as Speaker, was ordered to fend this Answer to the King, inclosed in a Letter to the Lord Falkland, by Sir Peter Killigrew.

Nov. 18. Though both Houses were so much employed in the Military Service, that little or nothing else can be found in the Journals of ether of them; yet, this Day, an Accident happened which diverted them a little from that Pursuit, and turned their Thoughts towards Law-Affairs and Courts of Justice. The Lords were informed, That a Meffenger had been apprehended by the Lord-General, His Majesty hawho finding about him a Proclamation and Writs ving proposed to for the Adjournment of the present Term, the faid adjourn MichaelPapers were fent to the House of Commons; and, mas Term, upon opening, they found the Proclamation for Adjournment was to take Place as that very Day. This the Commons conceived to be very destructive and prejudicial to the whole Kingdom, if it should be fo; there being three Days in the Law, one for E

164.2.

An. 18. Car. I. Effoigns, another for Returns, and a third for Appearances. And if the Term should be adjourned, according to this Proclamation and Writ, it would be obstructive to the whole Proceedings of the Law, and many Evils would ensue. For,

November.

And issued a Proclamation for that Purpose,

1. All former Proceedings, at the last Afsizes, would be lost, so that no Judgment could be given therein.

2. No original Writs, or mesne Process, could iffue out, on any Occafion, though it be to deliver any out of Priton.

3. If the Term should be adjourned, there being an Army in the Field, and the King's Colours flying, it would be accounted Tempus Belli, when all Laws fleep, are filent and diffolved; and then there would be no Property, nor would any Violence be counted an Injury.

4. No Fines nor Recoveries could be taken, whereby Men may pass common Afsurances for fettling their Estates; besides many other Evils would ensue, to the Obstruction of the whole Law.

Therefore the House of Commons defired, that their Lordships would give Direction to the Judges to keep this Term, and not to make Adjournments of it, either by virtue of these Writs, or any other Writs whatsoever they shall receive.

The Writs were not opened, but the Proclamation was read as follows:

WH

Hereas his Majesty did adjourn Part of this Term of St. Michael, from the first Re' turn, called A Die S. Michaelis in tres Septimanas, ' untill the Return, Octab. S. Martini; his Majesty, * confidering the present Distractions of this Kingdom, doth declare, That the Refidue of the faid Term, beginning at the faid Return of Octab. * S. Martini, be wholly adjourned, as to all Appear'ançes, Caufes, Matters, and Things, which should have been made or done in any of his Majesty's Courts at Westminster, untill Octab. Hilarii next following; and that Writs of Adjournment shall be made by one Judge of each Bench, giving them

'them Power to adjourn the Residue of the faid An. 18. Car. I,

Term of St. Michael's; and the said Adjourn'ment shall be made on the first Day of the said Ottab. S. Michaelis, commonly called the Day of Efloigns.

Given at Oatlands, the 15th of November, in the 18th Year of his now Majesty's Reign.

The Lords taking these Matters into ferious Confideration, as a Thing of great Importance to the Good of the whole Kingdom, agreed with the House of Commons in the Matter of this Message, and made the following Order:

1642.

November,

Ordered, by the Lords and Commons in Parlia- The Parliament ment assembled, That the Judges of the King's forbid the Judges to adjourn the Bench, Court of Common Pleas, and Barons of the faid Term, Exchequer, are hereby enjoined that they do not, neither by virtue of these Writs of Adjournment now fent, nor any other Writs whatsoever which shall be fent, adjourn this Term of St. Michael; but that they thall fit and proceed to dispatch the public Justice of the Kingdom, according as is usual in their feveral Courts.

This Order was read in the House; and the Judges present commanded to take Notice, and obey it.

There had been some Intimations, for several Days And refolve to last past, entered in the Journals, for calling in the call in the AffiftScots to the Affistance of the Parliament; and this ance of the Scots.

Day a Declaration was fent up from the Commons, whereby one Mr. Pickering was authorized and required to deliver the fame to the Council of State in that Kingdom, and otherwise to publish it as he should fee Occasion; and that Instructions be fent to him to follicit the Effect of it. It was alfo ordered, That the faid Declaration should be deliver'd to the Scots Commissioners refiding in London. To all which the Lords agreed, and is as follows:

W

E the Lords and Commons assembled in Their Declara. the Parliament of England, confidering tion to that

' with what Wisdom and public Affection our Bre

Kingdom.