DIE Lunæ, videlicet, 19 die Septembris.
The Lord Grey was appointed Speaker this
Letters from Lord Mohun, Sir N. Slanning, and Sir P. Courtney; and Warrants from the King to them.
A Letter, directed to the Speaker of this House,
written from the Lord Mohun, was read.
Likewise a Warrant from the King to the Lord Mohun.
(Here enter them.)
Also a Letter from Sir Nic's Slanning, to the Speaker,
Also a Letter from Sir Peter Courtney, with a Warrant
sent to him from the King.
These being sent for by this House as Delinquents,
but made their Excuse by their Letters.
Conference to be had about them.
And this House conceived, that the Warrants, and
the Lord Mohun's Letter, were contrary to the Petition
of Right, and the Privileges of Parliament; therefore
Resolved, To have a Conference with the House of
Commons, and communicate the Letter and Warrants
to them, that Course may be taken for the Preservation of the Privilege of Parliament.
Sir Inglefield to travel with Lady Roper.
Ordered, That Sir Inglefeild shall have Liberty to
travel with the Lady Roper.
Earl of Carlisle at the Bar, for executing the Commission of Array, &c.
The Earl of Carlile was brought to the Bar, as a
Delinquent; and the Speaker told him, "That the
House conceived that he had been active in putting
the Commission of Array into Execution, and raising a
Troop of Horse."
He professed, upon the Faith of a Gentleman, "That
he never saw it, nor did any Thing in it, neither did
he ever raise any Horse."
And he being asked, "Whether he thinks the Commission of Array to be illegal."
He said, "Seeing both Houses of Parliament had
voted the same to be illegal, he would not dissent
from that Opinion."
Hereupon he was commanded to withdraw; and the
House taking the same into Consideration, Ordered,
That the Speaker should let him know, that their Lordships are willing to release him from the Imprisonment
in The Tower, if his Lordship, either upon Security or
upon his Honour, that he will be confined to his own
House in London, to be ready to appear before this
House upon Six Hours Summons, whensoever their Lordships shall please.
Released from The Tower, and confined to his own House.
And the Earl of Carlile being called in, and being
told as abovesaid by the Speaker, his Lordship said,
"He would, upon his Honour, be confined to his
House here in London, and attend this House at any
Time, upon Six Hours Notice given;" which this
House accepted of, and Ordered his Releasement from
Earl of Portland's Petition for his Releasement.
The Petition of the Earl of Portland was read, desiring his Enlargement. (Here enter it.)
Ordered, To be deferred, until the Examinations
and Informations be sent for, being in the Custody of the
Earl of Essex Lord General.
Message from the H. C. for Concurrence in some Instructions.
A Message was brought from the House of Commons,
by Mr. Rob't Goodwin:
To desire Concurrence in Instructions to Committees
for raising Horse and Money, etc. in the County of
Ordered, To be compared with the former Instructions.
2. Desire Expedition in the Instructions for the Two
Committees to be sent into Ireland.
The Answer returned was:
That this House will send an Answer by Messengers
of their own.
Message to the H. C. with the Instructions for Ireland.
A Message was sent to the House of Commons, by
Doctor Aylett and Doctor Heath:
To return unto them the Instructions for Ireland, with
some Alterations, and desire their Consent to the same.
Captain Davies for Words against the Earls of Essex and Peterborough.
Captain Davies, that was sent for touching scandalous
Words which he should speak concerning the Earl of
Essex and the Earl of Peterborough, and he denying the
Words which (fn. *) he was charged with, these Witnesses following were produced, who deposed as followeth upon
||said, "That Captain Davies said, That all were Rogues that went with the Earl of Essex, and the Earl of Peterboroughe."|
Jo. Eaton, "That Captain Davies offered to snatch
a Paper (fn. *) out of the Officer's Hands, and wished the
Earl of Peterborough were hanged."
To be expelled The Charter House, and committed to The Fleet.
They all withdrew; and the House taking the Business
into Consideration, and the Matter being clearly proved,
this House Ordered, That whereas the said Captain
Davies is formerly Ordered, by the Governors of
The Charter-house, to be expelled out of that House, for
his Misbehaviour, that the Governor of The Charterhouse be sent to, to desire him that the said (fn. †) Order be
speedily put into Execution: And further it is Ordered, That the (fn. *) said Captain Davies shall be committed to The Fleet, there to remain until he shall put
in Security for the good Behaviour, either before the
Lord Chief Justice or any other Judge.
Paper concerning 2000 l. to the Prince Elector, and for settling his Maintenance.
A Paper concerning the Prince Elector was read, concerning Two Thousand Pounds to be paid him in present, and to accept of his Assignment which he hath;
and that his Maintenance may be settled for the future.
(Here enter it.)
To be recommended to the H. C.
Ordered, To be communicated to the House of
Commons, at the next Conference; and to desire them,
seeing the Prince Elector hath shewed his Respect to the
Parliament, in going away, and not be employed against
it, that they would consider of some Course to relieve
him in this Necessity.
Lord Mohun's Letter to the Lords.
"This Messenger, Mr. Fish, shewed me an Order, subscribed John Browne, Clericus Parliamentorum, of
the Eighth August last; purporting, That the Lords
assembled in Parliament had Ordered, That the
Gentleman Usher attending that House, or his Deputy
or Deputies, should take into safe Custody the Body
of the Lord Mohun, and deliver him unto the Sheriff
of the next adjacent County, who is likewise to deliver him to the Sheriff (fn. ‡) of the next adjacent County,
and so from Sheriff to Sheriff, till he should be brought
before the Lords in Parliament, to answer for high
Contempts committed by him, and for disturbing the
Peace of the Kingdom, by receiving, and endeavouring to execute, a Commission of Array, which is
against the Laws of the Realm.
"My Lords, I must submit to your Lordships, who
are to be the Acquitters of my Innocency, whether it
be agreeing to the Orders of your House, the Privileges of Peers, and the Precedents of former Times, that
a Peer, unheard, and not a Witness examined against
him, should be sent for in this Manner, as a common
Rogue, to appear before your Lordships; which certainly, if I were guilty, is a very severe Course; if
innocent, is too great a Punishment. And I beseech
your Lordships (if this be without a Precedent) to be
very careful how you involve your Posterity in Precedents of this Nature: And I do not conceive that the
Crimes objected are of that Nature, but (if your Lordships so please) they might by the Laws of the Land
be tried in a far milder Way. I had the Honour to sit in
Parliament, as a Peer, till about the Beginning of
February last, at which Time there was great ado about
the getting of your Lordships to agree with the
House of Commons in the Militia, where I still gave
my Vote according to my Conscience, as long as I
could sit there with the Safety of my Person and Honour; which when I could not do, for the Tumults
that then swarmed about both Houses of Parliament,
I begged Leave of the King for my Absence, and left
my Proxy in the Lords House; and, by Reason I
did not conceive myself safe from Tumults to this
Day, I absented myself thus long from that House;
and when that Fear and Jealousy is taken away, I
will not fail to attend the House again. And, for these
Reasons, I beseech your Lordships to revoke the said
Order, and to dispense with my Absence; and for this
Favour, I will ever pray that God would so guide
and direct you, that all your Proceedings may tend to
the Glory of God, the Honour and Content of His
Majesty, and the Peace and Good of the Kingdom.
7th Septem. 1642.
"To the Right Honourable the Lords
assembled in Parliament."
The King's Warrant to Lord Mohun, not to leave Cornwall.
"Our express Will and Command is, That you fail
not to attend Us Personally forthwith, upon Signification made unto you, and Receipt of Our Pleasure on
this Behalf, during Our Abode in these Parts: And
therefore We straightly require you, upon your Allegiance, that you depart not, nor absent yourself, of
that Our County of Cornwall; neither suffer yourself
to be any Ways engaged, detained, or kept from
giving your ready Attendance accordingly (being
thereunto called or summoned by Us, or Our Command, whilst We shall continue here), upon any Pretence, Order, Warrant, or Command whatsoever, from
either or both Houses of Parliament, without special
Leave and Licence first obtained, or Directions to you
under Our own Hand, as you tender Our highest
Displeasure, and will answer the contrary at your
Peril: For which this shall be your sufficient Warrant
"Given at Our Court at Yorke, the 29th Day of
"To Our Trusty and Right Well-beloved
Warwick, Lord Mohun."
The King's Letter to Lord Mohun.
"Trusty and Right Well-beloved, We greet you well.
Whereas We have now given you special Employment for Our Service, in Our County of Cornwall,
and other Western Parts of this Our Kingdom, which
We require you to attend with all possible Care and
Circumspection, We command and charge you, therefore, upon your Allegiance, not to intermit or neglect
Our said Service, by your going or removing to London, or elsewhere (save hither to Us, or whither else
We shall think fit to send you), upon any Summons,
Order, or Warrant whatsoever, of either or both
Our Houses of Parliament, whereunto We have not
given Our express Assent under Our own Hand, as
you tender Our highest Displeasure: And we further command and require all Our Mayors, Sheriffs,
Justices, Officers, Ministers, and loving Subjects, not
only to assist and be aiding unto you, in Case of Need,
in your free Passage from Place to Place, and in
your Repair to Us, or other Parts, (fn. *) for Our Service,
as you shall have Occasion; but We alike strictly
command and charge them, and all Constables, Serjeants, Messengers, Pursuivants, and others, that they
presume not to attach your Person, or serve you with
any Warrant, Order, or Commission whatsoever (but
what is according to the ordinary Course of Law),
or to stay, detain, or seize, any your Servants, Goods,
or Horses, without Our special Licence first obtained, as they will answer the contrary at their utmost Perils: For which this shall be, both to you
and them, sufficient Warrant and Authority.
"Given at Our Court at Yorke, the 29th Day of
"To Our Trusty and Wellbeloved Warwick, Lord
The King's Warrant to Sir Peter Courtney, to continue in Cornwall.
"Whereas We have employed you about Our especial Affairs, in Our County of Cornewall: These
are to will and require you to repair, and there to remain, and neither to be diverted from repairing
thither, nor to depart from thence, upon what Summons soever, until you shall have given Us an Account, and obtained Our Leave; and for so doing,
this shall be your Warrant.
"Given at Our Court at Yorke, the 29th of June,
"To Our Trusty and Wellbeloved Sir Peter Courtney, Knight."
Sir Peter Courtney's Letter to the Messenger sent to apprehend him.
"You see what Danger I shall run myself into, if,
by disobeying His Majesty's Command, I shall offer
to remove out of my County without Licence first obtained from His Majesty, which Licence with all
Earnestness I shall strive to obtain; and, as soon as
I have gotten that, I will not fail, with all Speed,
to appear before the Honourable House of Peers;
not doubting but my Innocence will approve me to
be a loyal and faithful Subject to my Sovereign, and
a Well-wisher and true Lover both of my Country
and the Commonwealth. And this Answer I shall
desire you, with all Humbleness, to tender to their
Lordships from me, whoam
Sir Nicholas Slanning's Letter to the Lords.
"I do with all Reverence and Humility take Notice of your Lordship's Order, dated the 8th of
August, subscribed John Browne, purporting the
seizing of my Body, and delivering me over from
Sheriff to Sheriff, till I be brought before your Lordships, to answer high Contempts committed by me;
to which I am ready to yield all humble Obedience:
But, being a Member of the House of Commons,
and having taken the Protestation for Maintenance of
their Privileges, I humbly submit to your Lordships,
whether, without Breach of Privilege of that House,
I may without their Leave appear before your Lordships as a Delinquent, who am consident of my Innocency, and to appear
Lostwythyell, the 7th of Sept. 1642.
"Your Lordships humblest Servant,
"To the Right Honourable the Lords
assembled in Parliament."
E. Portland's Petition for his Enlargement.
"To the Lords in the High House of Parliament
"The humble Petition of the Earl of Portland,
"That your Petitioner having now lain almost Seven
Weeks a Prisoner in a close House, very much to
the Prejudice of his Health, and almost to the Ruin
of his small Estate; and being well assured, by the
Testimony of his own Conscience, that no Crime
against your Lordships can ever lawfully be proved
"He therefore humbly prayeth your Lordships,
that he may be restored to his Liberty, and
to his Right and Privilege of Parliament; and
he shall ever pray for your Lordships, etc.