House of Lords Journal Volume 5: 27 September 1642

DIE Martis, videlicet, 27 die Septembris.

PRAYERS.

The Lord Grey de Wark was appointed to be Speaker this Day.

Letter from the Earl of Essex, that the County of York had chose Lord Fairfax General.

A Letter written to the Earl of Holland, was (fn. 1) read, which said, "That the County of Yorke have made Choice of the Lord Fairefaix to be General of the Forces of that County; and the Gentry and others have declared themselves, that they will join with him, and live and die with him; and that Sir Edw. Rhodes hath gathered into a Body a Thousand Men, and Mr. Jo. Hotham is marching with Six Hundred Men."

The County to receive Encouragement in it.

This House approved of the good Affections of the County of Yorke, and thought it fit they should have Encouragement from the Parliament in this Design; and Ordered, To communicate this Letter to the House of Commons, and to desire them to join with this House herein, to let them know, that the Parliament will assist them in this Action.

Message to the H. C. for a Conference about it, and other Particulars.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire a present Conference, touching these Particulars:

1. Concerning some Informations come from Yorkeshire.

2. Concerning the Desires of the Prince Elector.

3. Concerning a Letter of the Lord Mohun's.

4. Concerning the Sequestration of all the Lord Capell's Estate.

Message from the H. C. for the Lords to concur in the following Orders.

A Message was brought from the House of Commons, by Sir Edw. Ayscough:

To desire Concurrence in some Orders made by the House of Commons: videlicet,

1. That the House of Commons have appointed their Commissioners of their House, to make a Letter to Sir John Bankes, to present the Treaty concerning the Scots Army in Ireland to his Majesty, and desire their Lordships Concurrence herein.

Agreed to.

2. To join with the House of Commons, in an Order for slighting the Works and Fortifications, and demolishing and razing to the Ground the Castle, at Sherburne, in the County of Dorsett.

Agreed to, and Ordered accordingly.

3. To concur in some Instructions, which are to be sent to the Lord Willoughby of Parbam, Lord Lieutenant of the County of Lyncolne. (Here enter them.)

Agreed to.

4. An Order to pay One Hundred Pounds to Sir Peirce Crosby. (Here enter it.)

Agreed to.

The Answer returned was, to the Messengers:

Answer.

That this House agrees with the House of Commons in all the Particulars now brought up.

Subject of the Conference, about Lord Mohun.

The Earl of Holland was to acquaint the House of Commons, "That the Sense of this House was, That the Letter of the Lord Mobun's is contrary to the Freedom of Parliament, and the King's Warrant to him contrary to the Privileges of Parliament, and to those frequent Expressions of His Majesty in Print, to maintain the Privileges of Parliament."

The Messengers sent to the House of Commons return with this Answer:

Answer from the H. C.

That the House of Commons will give a present Conference, as is desired, in the Painted Chamber.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Twickenham Voluntiers Indemnity.

An Order of Indemnity of Voluntiers, which have trained in the Town of Twickenham, in the County of Midd. was read, and approved of.

Magennis bailed.

Arthur Magennis, & Garret More, de Lyncolne's Inn, Esquire, & Edmond Farrold, Victualer, in Kingestreat, in Westm. recognoverunt seipsos debere Domino Regi in Mille Libras, levari ex Bonis, Terris, Tenementis, & Catallis suis, et cujuslibet eorum per se, ad usum Domini Regis.

The Condition of the abovesaid Recognizance; that is, "If the aforesaid Arthur Magennis shall not go into Ireland during the Time of the Rebellion there, nor take up Arms against the King and Parliament in this Expedition, then this Recognizance to be void; else to remain in full Force, Power, and Virtue."

Pass for him to Flanders.

Ordered, That the Lieutenant of The Tower shall have an Order for releasing of Arthur Magennis out of The Tower; and that he shall have a Pass, to go into Flanders.

Sir Pierce Croseby, 100 l. Contribution-money.

"Ordered, by the Lords and Commons in Parliament assembled, That Sir Rob't Pye and Mr. Wheeler, Treasurers at Westm. for the Contribution-money for Ireland, shall pay unto Sir Pierce Crosby the Sum of One Hundred Pounds out of the Monies that comes in upon the said Contributions, in regard of his great Losses in Ireland, and his great Deserts."

Voluntiers of Twickenham, Indemnity.

"Whereas divers well-affected Persons of the Town and Parish of Twickenbam, in the County of Midd. have of themselves, as Voluntiers, exercised themselves in the Use of their Arms, by peaceable training and marching in the Fields near the said Town, the better to enable and prepare themselves for the Defence and Service of His Majesty and this Kingdom, when they shall be lawfully called thereunto: The Lords and Commons, taking the same into Consideration, do Order, That the said Persons shall have the Authority of both Houses of Parliament, for their Security and Indemnity, for their said Training and Exercising already past; and do further Ordain, That all such Inhabitants of the said Town, and Parish thereof, as shall desire and willingly submit to be trained and exercised in the Use of their Arms, may, from Time to Time hereafter, in a peaceable and orderly Way, assemble themselves in Companies, to train, learn, and exercise themselves in the Use of their Arms, and Order of Marching, at such convenient Times, and in such Places in the said Town and Parish, as shall be by them thought fit for that Purpose, until Order shall be herein taken by both Houses of Parliament; and that they shall be saved harmless for so doing, by the Authority of both Houses of Parliament; and that the Justices of the Peace, and all others that shall encourage and assist the said Persons in their training and exercising aforesaid, shall be held by both Houses of Parliament to do a very acceptable Service therein, and shall have the Authority of both Houses of Parliament for their Indemnity for so doing."

"Instructions for the Right Honourable Francis Lord Willoughby of Parbam, Lord Lieutenant of the County of Lincolne, Sir John Wray, Sir William Armin, Baronets, Sir Edward Ascough, Sir Christopher Wray, Sir Anthony Erby, Sir Samuell Oldfeild, Knights, Thomas Grantham, Thomas Hatcher, Wm. Ellis, John Broxholme, Esquires, Members of both Houses of Parliament, who are hereby appointed and Ordered, by both the said Houses, to go into the County and City of Lincolne, there to remain as a Committee from the Lords and Commons now assembled in Parliament; and they, or any Three or more of them, whereof the said Francis Lord Willoughby to be One, together with the Deputy Lieutenants of the said County and City, or any of them, shall have full Power and Authority to put in Execution these ensuing Instructions, for the settling and preserving of the Peace of that County and City, and the Parts adjoining.

Instructions for the Committees at Lincoln.

"Whereas his Excellency Robert Earl of Essex, Lord General of the Army appointed to be raised, for the Defence of the Protestant Religion, the Safety of His Majesty's Person, and the Parliament, the Preservation of the Laws, Liberties, and Peace of the Kingdom, and the Protection of His Majesty's Subjects from Violence and Oppression, hath granted Commissions to the said Francis Lord Willoughby, Sir Christofer Wray, Sir Antho. Irby, and Thomas Hatcher, they shall put the said Commissions in due Execution, and conduct and lead the said Forces into the County of Lincolne, for the preserving the Peace of that County.

"And the said Francis Lord Willoughby shall have Power to raise and levy, within the said County of Lincolne, City of Lincolne, and County of the same, such other Numbers of Horse and Foot, of the Trained Bands or others, as he shall judge convenient, for keeping the Peace of that County, and the Service hereafter mentioned; and shall have further Power to place Colonels, Captains, and other Officers, over the said Forces, which shall have Power to lead and conduct the same against all such as shall oppose them in the Execution of these Instructions, and to fight with, kill, and slay, all such Opposers.

"Whereas Mountague Lord Willoughby, Sir Peregrine Barty, Sir Edward Iteron, Sir John Monson, Sir Phillip Terwhitt, Sir Charles Rolls, Sir William Pelham, Sir Jarvas Scroope, Sir Henry Radley, Sir Wm. Thorold, Sir Wm. Coney, Sir Charles Dallison, Sir Edward Hussey, Sir Rob't Markham, Sir William Quadran, Charles Dymocke, Esquire, Thomas Harrington, of Corby, Gentleman, and divers Popish and ill-affected Persons, have, in a Rebellious and Warlike Manner, raised, armed, and assembled themselves, within the City and County of Lincolne, to the great Terror and Affrightment of His Majesty's liege People, and therein have levied War against the King and Parliament, and do continue in actual Rebellion:

"You shall, with all or any Part of the Forces under your Commands, resort to the said County and City of Lincolne, of Nottingham, Yorkeshire, or elsewhere, as Occasion shall serve, and shall cause the aforesaid Persons, wherever you can find them, and all other that have joined or consederated with them in this their wicked Rebellion, or so many of them as you shall think fit, to be summoned to render themselves into your Hands, to be brought up to the Parliament, there to answer for these their unlawful and traiterous Actions, according to the Laws.

"And if they refuse to obey the said Summons, and you be denied Entrance into the said City of Lincolne, or any other Town in the said County, or into the Houses of any of the Persons before recited, or of their Consederates, you shall by Force besiege, batter, and subdue the said City, Towns, and Houses, and shall seize upon their Persons, and shall bring or send them in safe Custody to the Parliament.

"You shall restore to their Dwellings and Goods all such Persons as have been driven or fled out of the said City or County; and you shall certify what particular Losses they have received, and the Values thereof, that so Satisfaction may be made them, out of the Estates of the Delinquents in that County.

"And if you shall find no considerable Resistance in the said County, then you shall settle what Force you think convenient, both of Horse and Foot, for keeping the Peace of that County and City, and defending His Majesty's Subjects from Oppression and Violence; and shall give Notice thereof to both Houses of Parliament, that you may receive their further Commands.

"You shall have Power to require the Aid and Assistance of the Lords Lieutenants and Deputy Lieutenants of the Counties of Yorke, Nottingham, Rutland, Norfolke, and North'ton, or any of them, and to come in Association for the mutual Peace of each other.

"You are hereby authorized and required to disarm all Popish Recusants, all the aforenamed Persons that have levied War against the King and Parliament, and to take from them all Tents, Waggons, Horses for Service, great Saddles, and all other Warlike Furniture whatsoever; and from all such other dangerous and ill-affected Persons, as well Clergymen as others, as have sent Monies, Horses, Arms, Ammunition, or Victuals, to the said Rebels, towards the Maintenance of the said Force raised in the said County or City, or have sent any Money, Arms, Ammunition, or Horses, to assist the Delinquents and malignant Party now about the King, or to any other Place, to be employed against the Parliament; and also all such as have testified their Disaffection to the Commonwealth, and Malice against the Proceedings of Parliament, by subscribing that insolent, seditious, and most scandalous Petition sent unto the House of Commons by the Sheriff of that County, a true Copy of which Petition, and of the Names subscribed, you shall receive unto it, under the Hand of the Clerk of the House of Commons; as also all such as have put the Commission of Array in Execution, adjudged illegal by both Houses of Parliament.

"You, or any Three or more of you, whereof the Lord Lieutenant to be One, shall also, in the Name of both Houses of Parliament, require all such Persons who have in their Custody any Part of the Public Magazine of the County, to deliver the same to you, or some of you, to be disposed of and employed for the Defence of the said County; and, in Case of Refusal, you are hereby authorised to seize, take, and carry away, and dispose the same for the Purposes aforesaid, and to cause the Persons so refusing to be apprehended as Delinquents, and (fn. 2) sent in safe Custody to the Parliament.

"You are authorized, and hereby enabled and required, to put in Execution, in the said County and City of Lincolne, the Propositions of both Houses of Parliament, concerning the Subscription of any Sum or Sums of Money or Plate, or raising of Horse, Horses, Men, and Arms, for the Defence of the King and both Houses of Parliament; and shall appoint such Days, Times, and Places, for the Furtherance of that Service, as you shall think meet and convenient; and shall appoint Treasurers, Receivers, Commissaries for valuing of Horse, and other Officers meet for that Business; and shall have Power to send to such as are of Ability, to know what they will contribute towards the Business; and you shall have Power to pay such Soldiers as shall be by you, or any of you, carried into the said County, or raised in the said County, out of the said Monies raised upon the said Propositions; and you shall accompt for the Overplus, if any remain, and likewise return Certificates, under Three or more of your Hands, into the Chamber of London, what Sums of Money and Plate is underwrit and brought in, that they may be entered also there.

"Lastly, if any Man of Quality, and considerable Estate, have removed their Dwellings out of the County of Lincolne, you shall enquire where they are settled, and give Notice thereof unto the Parliament, that Order may be taken to receive their Answers, concerning the Propositions for Subscription of Money, Plate, and Horses, for the Defence of the King and Kingdom."