DIE Lunæ, 24 die Octobris.
PRAYERS.
Lord Gray, Speaker.
Answer from the H. C. about taking up Horses.
The Messengers return with this Answer:
That the House of Commons do agree with this House,
in the Order for taking up of Horses.
Adjourn.
Adjourn, till 4a post meridiem.
Post meridiem.
PRAYERS.
Lord Grey, Speaker.
Darrell, L. Mulgrave's Servant's Privilege.
Delinquents who arrested him released.
Upon the humble Petition of Rob't Walley, and George
Norman, for arresting George Darrell, Servant to the Earl
of Mulgrave, (fn. *) which was read; having made the Submission to the Earl of Mulgrave, and acknowledging their
Commitment to be just: It is Ordered, That they shall
be released, paying the Charges of the said George
Darrell, and the Fees of the Officers of this House.
Message from the H. C. for the Lords to concur in the following Orders, &c.
A Message was brought from the House of Commons,
by Sir John Evelyn, Knight; which consisted of many
Particulars: videlicet,
1. An Order concerning the disposing of the King's
Children in London. (Here enter it.)
Agreed to.
2. An Order for the shutting up of Shops in London
and Southwarke. (Here enter it.)
Agreed to.
3. An Order for restraining of the Prisoners in The
Tower. (Here enter it.)
Agreed to.
4. An Order to Four Out-Parishes, for staying of
Horses: videlicet,
St. Andrewes Holborne, St. Gyles in the Feilds, St. James
Clerkenwell, St. Martyns Savoy, and St. Clements. (Here
enter it.)
Agreed to.
5. An Order for the Safe Conduct and Passing of the
Commissioners of the Peace that come from Scotland.
(Here enter it.)
Agreed to.
6. An Order for the Safe Conduct of Divines which
come out of Scotland, to the Assembly here. (Here
enter it.)
Agreed to.
7. An Order, That the Lord Newbrough shall send
out Commissions, to appoint Justices of the Peace for the
County of Lancaster. (Here enter it.)
Agreed to.
8. An Order for disarming of Recusants in Lancashire,
&c. (Here enter it.)
Agreed to.
9. An Order for some Maintenance to be given to the
Wives and Children of those that shall be killed in this
Service. (Here enter it.)
Agreed to.
10. An Order of Indemnity of the Town of Barstable, for their fortifying of the same. (Here enter it.)
Agreed.
The Answer returned was:
Answer.
That this House agrees with the House of Commons,
in all the Orders now brought up.
Conference to be had, about raising and supporting of the E. of Warwick's Army.
The Earl of Warwicke, Captain General of the Forces
to be raised in these Parts for the Defence of the King
and Kingdom, desired their Lordships to take into
Consideration how, in what Manner, the Forces now
raised shall be brought together; and that Commanders
may be appointed, and a Rendezvous whither the Soldiers may resort; and also to consider of a Way how to
entertain them.
The House, taking this into Consideration, Resolved,
To have a Conference with the House of Commons,
concerning this Business; and that the Earl of Warwicke
should speak to them, at that Conference, what he thinks
sitting concerning this Business.
Message to the H. C. for it.
A Message was sent to the House of Commons, by
Sir Edw. Leech and Dr. Heath:
To desire a present Conference, touching the Forces
now raising in these Parts.
House adjourned during Pleasure, the Lords went
to the Conference; which being ended, the House was
resumed.
More Orders from the H. C. for the Lords Concurrence.
11. An Order was read, to pay to the Archbishop of
Tuan, in Ireland, One Hundred Pounds. (Here enter it.)
Agreed to.
12. An Order to pay to Sir Francis Hambleton One
Hundred Pounds. (Here enter it.)
Agreed to.
13. An Order to pay to Sir Rob't Balley, Knight,
Fifty Pounds. (Here enter it.)
Agreed to.
E. of Portland's Petition for his Releasement.
Next, the humble Petition of the Earl of Portland
was read; shewing, "That he hath now lain almost
Three Months; desiring to be restored to his Liberty, and to his Right and Privilege in Parliament."
Nothing Ordered.
"Resolved, upon the Question.
Indemnity for Barnstable Men, for fortifying the Town.
"That this House doth approve of this Action of
the Town of Barnestaple, in fortifying of their Town;
doth take it for an Expression of their Public Affections to the Good and Peace of the Commonwealth;
and that they shall be saved harmless for their so
doing, by both Houses of Parliament; and that the
Lords Concurrence be desired herein."
King's Children to be removed to L. Cottington's House.
"It is this Day Ordered, by the Lords and Commons, That the King's Children now at St. James be,
in this Time of Danger, removed to some convenient
House in London; and that all necessary Provisions
be made in London for them; and that the Earl of
Pembrooke be desired, by both Houses, to give Order
to make ready the Lord Cottington's House, in Broadstreete, for them."
Shops in London to be shut up.
"It is this Day Ordered, by the Lords and Commons, That all People within the Cities of London
and Westm. and the Privileged Places, Liberties, and
Suburbs thereof, and in the Borough of Southwarke,
be required to shut up their Shops, and forbear their
Trades, and other ordinary Employments, that so
they may with the greater Diligence and Freedom
for the present attend the Defence of the said Places,
and put in Execution and perform such Commands,
for the Defence and Safety thereof, as they shall
from Time to Time receive from both Houses of Parliament, the Committee for the Defence of the Kingdom, the Lord General, or the Lord Mayor and Committee for the Militia."
Order for restraining Prisoners in The Tower.
"It is this Day Ordered and appointed, by the
Lords and Commons in Parliament assembled, That
all the Prisoners in The Tower be forthwith kept
under such Restraint, as that not any One Prisoner
be suffered to have above Two Servants, or permitted
to have Speech or Converse with any other Prisoner
or Person, but in the Presence or Hearing of his
Keeper."
Order for further Search for Horses for the Public Use in the Suburbs of London.
"The Lords and Commons assembled in Parliament,
being credibly informed of His Majesty's Approach
to the Parliament and the City of London with His
Army, and, by former Declarations, gives us just
Cause to suspect their Intentions are to destroy both
Parliament and City: They believe it necessary, for
their present Safety, and Defence of the said City,
that all the Stables within the Parish of St. James
Clerkenwell be forthwith searched, and the Number
of Horses in them to be listed, and to be in Readiness
for present Service, if Occasion be; declaring and
promising, upon the Public Faith, to satisfy and pay
for all such Horses as shall miscarry in the Use of
them, and the rest to return to the Owners of them,
when this Action shall be passed, and this Danger
over; and this forthwith to be put in Execution, by
the Justices of Peace of the said Parish, or the next
adjoining, they calling to their Assistance the Petty
Constables of the said Parish, who are required hereby
to be accountable to both Houses of Parliament, upon
Tuesday Morning next ensuing, being 25th of this
present October, 1642; and if any of the Owners of
such Horses shall seem to take away from the Houses
or Stables any of the Horses so listed, then the Constables of the said Parish where such Horse is so
listed shall forthwith apprehend such Owner of such
Horse, and bring him before the Two Houses of
Parliament, to be proceeded with for his Contempt."
The like for St. Andrewes Holborne.
The like for St. Martins in the Feilds.
The like for St. Mary Savoy.
The like for St. Clement Danes.
The like for St. Giles in the Feilds.
"An Ordinance of the Lords and Commons in
Parliament, for the Security and Safe Conduct of the Commissioners of the Realm of
Scotland, for the Conservation of the Peace,
made the 24th of October, 1642.
Ordinance for Safe Conduct of the Scots Commissioners.
"Whereas, in Pursuance of the Act of Pacification
and Oblivion, made in the 17th Year of His Majesty's
Reign, divers Noblemen, Barons, and Burgesses, have
been nominated and appointed, by His Majesty and
the States of Parliament of the Kingdom of Scotland,
to be Commissioners for the Conservation of the Peace
of both Kingdoms, who have thought good to send
some of their own Members to His Majesty and this
Parliament, in discharging of that Trust reposed in
them by that Act of Pacification: For their better Security in these Times of Commotion of Soldiers and
People in Arms, it is Ordained, by the Lords and
Commons in Parliament, That the said Commissioners,
which are to be sent as afore, with all their Servants
and Retinue, shall be protected by the Power and
Authority of Parliament, and kept safe and free from
all Danger, Molestation, Restraint, and Detention, in
their Repair to London, and during their Abode here,
and in their Return back again: And, for the further
Notice and Manifestation hereof, it is Ordered, That
the Speakers of both Houses shall subscribe this full
and free Safe Conduct and Safeguard to the Persons
abovewritten, whereby they may be secured from all
Harm and Restraint, in their Passage, Abode, or
Repose, to be interpreted in as large and ample and
beneficial Manner, and with as full and real Assurance,
as ever any Safeguard or Safe Conduct may or ought
to be interpreted, strengthened and confirmed by
the Public Faith of the Kingdom; and that any Copy
hereof, under the Hands of both or either of the
Clerks of the Lords or Commons House, shall be of
as great Force and Effect, for the Safe Conduct and
Securing of the said Persons, or any of them, their
Retinue and Servants, as the Original, signed by the
Speakers, as is before expressed; requiring all Officers
and Soldiers of the Army, as likewise all Sheriffs,
Mayors, and others His Majesty's loving Subjects, to
observe the same with all due Obedience and Care;
and likewise to give them all Aid and Assistance, as
often as Occasion shall require, as they will answer
the contrary at their Peril: It is further Ordained,
as before, That James Duke of Lenox, and Robert
Earl of Roxburrough, shall be excepted out of this
present Safe Conduct, and shall receive no Benefit or
Protection by the same."
"An Ordinance of the Lords and Commons in
Parliament, for the Security and Safe Conduct
of such Divines as shall come from the Realm
of Scotland, to the Assembly of Divines here
in this Kingdom.
Ordinance for Safe Conduct for the Scottish Divines, that come to the Synod for settling the Doctrine of the Church.
"Whereas the Commissioners of the National Assembly of the Church of Scotland, met at Edinburrough
the 21st of September, have, at the Desire of both
Houses of Parliament, signified to the Lords and
Commons in the Parliament of England, that they
intend to nominate some Reverend and Pious Divines,
to assist in the Assembly of Divines agreed upon by
an Act passed in both Houses of Parliament, and now
sent to His Majesty: For their better Security, in
these Commotions of Soldiers and People in Arms,
it is Ordained, by the Lords and Commons in Parliament, That the said Divines, with their Servants
and Retinue, shall be protected by the Power and
Authority of Parliament, and kept safe and free
from all Danger, Molestation, Restraint, (fn. *) both during
their Abode here, and in their Return back again:
And, for the further Notice and Manifestation thereof,
it is Ordered, That the Speakers of both Houses
shall subscribe this full and free Safe Conduct and
Safeguard to the Persons above written, whereby
they may be secured from all Harm and Restraint,
in their Passage, Abode, and Repose, to be interpreted
in as large and beneficial a Manner, and with as full
and real Assurance, as ever any Safeguard or Safe
Conduct may or ought to be interpreted, strengthened
and confirmed by the Public Faith of the Kingdom;
and that any Copy hereof, under the Hands of both
or either of the Clerks of the Lords or Commons
House, shall be of as great Force and Effect for the
Safe Conduct and Securing of the said Persons, or
any of them, their Retinue, and Servants, as the Original, signed by the Speakers, as is before expressed;
requiring all Officers and Soldiers of the Army, as
likewise all Sheriffs, Mayors, and other His Majesty's
loving Subjects, to observe the same with all due
Obedience and Care; and likewise to give them all
Aid and Assistance, as Occasion shall require, as they
will answer the contrary at their Peril."
L. Newburgh to send out Commissions to appoint Justices for Lancaster.
"Upon Information of some Members of this House,
of the great Increase of Poor, within the Town of
Manchester, and other several Places of Lancashire,
by reason of the unavoidable Decay of Trade, occacasioned by the unhappy Distractions of these Times;
and that the Justices of Peace, who were formerly
of great Use in those Parts, have been lately, without any just Cause appearing, displaced: It is this
Day Ordered, by the Lords and Commons now
assembled in Parliament, That Edward Lord Newburgh, Chancellor of the Dutchy of Lancashire, shall
forthwith issue out Commissions of the Peace, to the
several Gentlemen herein named; videlicet, Sir Ralph
Ashton Baronet, Ralph Ashton of Midleton, Richard
Holland, John Bradshawe, William Radcliff, Richard
Shutleworth, John Braddell, John Starkey, Sir Thomas
Stanley Baronet, John Holecroft, Thomas Standish, Geo.
Dodding, Thomas Fell, Peter Egerton, Esquires, whereby the County may receive Benefit by their Care, as
formerly; and that he shall not discharge the said
Gentlemen from executing the said Commissions, tending to the Good of their Country, till the House be
acquainted therewith, and take further Order in it:
And it is further Ordered, That the said Edward
Lord Burgh shall immediately discharge Sir Giles
Houghton, Knight and Baronet, Robert Holt, of Stubley, Alex. Rigby, of Brough, John Greenhalgh, Edward Ashton, Sir Alexander Radcliff, Wm. Farington,
Orlando Bridgman, Sir Edward Wrightington, and
Roger Kirby, Esquires, from being further employed
as Commissioners of the Peace within the said County;
and he is also hereby required to render both Houses
an Account of his due Observance of this Order upon
next."
Order for disarming Recusants in Lancashire.
"In regard of certain Informations sent to several
Members of this House that serve for the County
of Lanc. from some of the Deputy Lieutenants
now residing in their County, and wherewith the
House hath been made acquainted, That the Papists
there (as in other Places of this Kingdom) are now
licensed to rise; and that accordingly they have beaten
up Drums, to gather Force, whereby the Peace of
that County is much in Danger: It is therefore Ordered, by the Lords and Commons now assembled
in Parliament, That the Deputy Lieutenants, and all
other Officers in that County, shall forthwith use
their best Endeavours, that the Persons of all such
Recusants, and others whom they shall conceive
affected to the Disturbance of the Peace of that
County, or malignant to the Proceedings of this
present Parliament, shall be forthwith disarmed and
secured."
"John Bradshawe, Esquire, to be Deputy Lieutenant of the County of Lancashire."
Approved of.
"An Ordinance of the Lords and Commons in this
present Parliament assembled, declaring their
Resolutions of making Provisions for those
that shall be maimed in this present War,
(fn. *) in the Service of the Parliament; and for
the Wives and Children of those that shall
be slain, made the 24th Day of October,
1642.
Ordinance for Maintenance to be given to the Wives and Children of those that are killed; and to maimed Soldiers.
"Whereas divers Persons now are, or hereafter may
be, in the Service of the Parliament, in the present
War, undertaken for the Preservation of the King's
Majesty's Person, the Defence of the Religion and
Laws of the Realm, and of the just Liberties of the
Subjects, who have little or nothing to maintain themselves, their Wives, and Children, but by their own
Labours: The Lords and Commons, for their better
Encouragement in the Service, do Order and Declare,
That they, the Lords and Commons, will provide
competent Maintenance and Allowance for such of
them as shall be maimed, and thereby disabled by
their Labour to provide for themselves, their Wives,
or Children, as formerly they did; and, in the Distribution of such Allowances and Rewards, they will
always have Regard to the Deserts and the Service of
each Person.
"And in case any such Person shall be slain, that
they will make Provision for the Livelihood of their
Wives or Children.
"And in case any Persons of Estate shall be slain or
die in the Service, the said Lords and Commons do
Declare, That they will take the Estates, Wives, and
Children, of such Persons, into their Protection; and
in case their Estates shall not, at the Time of the
Death of such Person, be settled, they will be always assistant to the Friends of the Party deceased,
in the settling and disposing of their Estates, in such
Manner as may be for the most Advantage of their
Wives and Children; and shall, upon all Occasions,
let their Children and Posterity know the Respect
they bear to the Memory of those who have spent
their Lives in the Service of the Church and Commonwealth."
Order for 100 l. to the Archbishop of Tuam.
"Whereas it appears, by a Petition (this Day read
in the House of Commons) of Richard Archbishop
of Tuan, in the Kingdom of Ireland, That the said
Archbishop hath sustained great Losses, both in his
Ecclesiastical and Temporal Estate, by reason of the
present Rebellion there; and in regard of his great
Piety and Personal Sufferings: The Lords and Commons
do Order, That Sir Robert Pye, Knight, and William
Wheler, Esquire, Treasurers of the Contributionmonies in Westm. shall forthwith pay, out of the
Contribution-monies remaining within their Charge,
unto the said Richard Archbishop of Tuan, the Sum
of One Hundred Pounds, for and towards his Relief;
and the Acquittance of the said Archbishop, together
with this Order, shall be unto the said Treasurers a
sufficient Discharge for so much as they shall pay unto
the said Archbishop."
Order for Sir Francis Hamilton, 100 l.
"Whereas it appears, by a Petition (this Day read
in the House of Commons) of Sir Francis Hamilton,
Knight and Baronet, One of the Members of the
Commons House in the Parliament of Ireland, That
the said Sir Francis hath sustained great Losses, both
in his Real and Personal Estate, by reason of the
present Rebellion there; and in regard of his great
Valour, shewed by a long Defence of himself in his
Castle against the Rebels: The Lords and Commons,
taking the Premises into their Consideration, do Order,
That Sir Robert Pye, Knight, and William Wheeler,
Esquire, Treasurers of the Contribution-monies in
Westm. shall forthwith pay, out of the Contributionmonies remaining within their Charge, unto the said
Sir Francis Hamilton, the Sum of One Hundred
Pounds, for and towards his Relief; and the Acquittance of the said Sir Francis, together with this
Order, shall be unto the said Treasurers a sufficient
Discharge for so much as they shall pay unto the
said Sir Francis."
Order for Robert Balley, for 50 l.
"Whereas it appears, by a Petition (this Day read
in the House of Commons) of Robert Balley, Serjeant
Major of a Regiment in the Kingdom of Ireland,
That the said Robert Balley hath sustained great
Losses in his Real and Personal Estate, by the present
Rebellion in that Kingdom, and likewise his great
Sufferings by a long Imprisonment amongst the Rebels:
The Lords and Commons, taking the Premises into
their Consideration, do Order, That Sir Robert Pye,
Knight, and William Wheeler, Esquire, Treasurers of
the Contribution-monies in Westm. shall forthwith
pay unto the said Robert Balley, out of the Contribution-monies remaining in their Charge, the Sum
of Fifty Pounds, for and towards the Relief of the
said Robert Balley; and the Acquittance of the said
Robert Balley, together with this Order, shall be unto
the said Treasurers a sufficient Discharge for so
much as they shall pay unto the said Robert Balley."
Adjourn.
Adjourn till 10a cras.