House of Lords Journal Volume 5: 18 November 1642

DIE Veneris, 18 die Novembris.

PRAYERS.

Lord Grey of Warke, Speaker.

Vaughan and Casewell, Pursuivants, to submit to D. of Vendosme, for searching his House.

Upon the Petition of Richard Vaughan and Josias Casewell, committed by this House for their uncivil and insolent Carriage at this Bar, in regard (fn. 1) they are employed in the present Service of the Parliament: It is Ordered, That they shall go to the Duke of Vendosme, and make their Submission unto him, for their uncivil Behaviour towards him; and then they are to be released from the Restraint they lie under by Order of this House.

Message from the H. C. for a Conference, about the Adjournment of the Term;

A Message was brought from the House of Commons, by Sir John Strickland, Knight; which consisted of these Particulars:

1. To desire a present Conference, touching the Adjournment of the Term.

Agreed, To give a present Conference.

and for the Lords to concur in the following Orders.

2. To desire Concurrence in an Order for paying the Contribution-money in Yorkeshire to Sir Jo. Hotham. (Here enter it.)

Agreed to.

3. An Order to authorize the County of Yorke to associate themselves with other Counties. (Here enter it.)

Agreed to.

Order for paying Contribution-money in Yorkshire to Sir J. Hotham.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir John Hotham, Governor of the Town of Hull, shall receive such Monies as shall be raised upon the Propositions in the County of Yorke, and detain them in his Hands until he shall receive further Direction for the issuing and disposing of them."

The Answer returned was:

Answer to the H. C.

That this House will give a present Conference, in the Painted Chamber, as is desired; and that this House agrees with the House of Commons in the Two Orders now brought up.

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

Conference reported.

And the Speaker reported the Effect of the Conference; which was:

A Messenger apprehended, with a Proclamation and Writs for adjourning the Term.

"That a Messenger being apprehended by the Lord General, and finding about him a Proclamation and Writs for the Adjournment of this Term, the said Writs and Proclamation were sent to the House of Commons; and they have opened the Proclamation for the Adjournment of this Term this Day; which the House of Commons conceive will be very destructive and prejudicial to the whole Kingdom, if it should be adjourned; there being Three Days in the Law; First, for Essoignes; the Second, for Returns; and the Third for Appearance; and, if the Term should be adjourned according to this Proclamation and Writs, would be obstructive to the whole Proceedings of the Law, and many Evils will ensue; for,

"1. All former Proceedings at the last Assizes will be lost, so as no Judgement can be given therein.

"2. No Original Writs nor Mean Process shall issue out upon any Occasion, though it be to deliver any out of Prison.

"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 sleep, and are silent and dissolved; and then there would be no Property, nor Violence counted an Injury.

"4. No Fines nor Recoveries can be taken, whereby Men may pass common Assurances for settling of their Estates; besides, many other Evils will ensue, to the Obstruction of the whole Laws.

"Therefore the House of Commons desires that their Lordships would give Directions to the Judges to keep this Term, and not to make Adjournment of it, neither by virtue of these Writs, nor any other Writs whatsoever which they shall receive.

"The Writs were not opened, but the Proclamation was read; the Effect whereof was:

Purport of the King's Proclamation for adjourning the Term.

"Whereas His Majesty did adjourn Part of this Term of St. Michaell; by Writs from the First Return called A Die Sancti Michaelis in tres Septimanas, until the Return of In Octabis Sancti Martini; His Majesty, considering the Continuance of the present Distractions of this Kingdom, doth Declare, That the Residue of the said Term, beginning from the said Return of In Octabis Sancti Martini, be wholly adjourned, and all Appearances, Causes, Matters, and Things, which should have been, or been made or done, in any of His Majesty's Courts at Westm. be adjourned until Octabis Hillarii next following; and that Writs of Adjournment shall be made by One Judge of each Bench, giving them Power to adjourn the said Residue of the said Term of St. Michaell; and the said Adjournment shall be made in the First Day of the said In Octabis Sancti Michaelis, commonly called The Day of the Essoignes.

"Given at Oatlands, 15th of Nov. 18th Year of His Majesty's Reign."

Hereupon this House, taking the same into serious Consideration, 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 this Order following:

Judges to sit, and not to adjourn the Term.

"Ordered, by the Lords and Commons in Parliament assembled, That the Judges of King's Bench, Court of Common Pleas, (fn. 2) and the Barons of the Exchequer, are hereby enjoined, that they do not, neither by virtue of these Writs of Adjournment now sent, nor any other Writs whatsoever which shall be sent, adjourn this Term of St. Michaell; but that they shall sit, and proceed to dispatch the public Justice of this Kingdom, (fn. 3) according as is usual, in their several Courts."

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

Message to the H. C. to acquaint them with it.

A Message was sent to the House of Commons, by Mr. Serjeant Whitfeild and Mr. Serjeant Glanvile:

To let the House of Commons know, That their Lordships do agree with the House of Commons in the Matter of the last Conference; and have made an Order, to enjoin the Judges not to adjourn this Term; and to deliver a Copy of the said Order to the House of Commons.

Message from thence, for the Lords to concur in the following Orders.

A Message was brought from the House of Commons, by Mr. Morley:

To desire their Lordships Concurrence in these Particulars following:

1. An Order for presenting the Declaration of both Houses to the Scotts. (Here enter it.)

Agreed to.

2. An Order concerning the County of Sussex. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees with the House of Commons in these, Two Orders now brought.

Mr. Pickering to present the Declaration of both Houses to the Scots.

"It is this Day Ordered, by the Lords and Commons, That Mr. Pickering be authorized and required to deliver the Declaration concerning the Scotts coming in to the Assistance of this State to the Council of State there, and otherwise to publish it as he shall see Occasion; and that some Instructions be sent unto him, to solicit the effecting of it.

"It is also Ordered, That the Delivery of the same Declaration, to the Scotts Commissioners residing here, be recommended unto Sir William Armyn."

Order concerning the County of Sussex to resist all Attempts there against the Parliament, and to apprehend Mr. Ford.

"It is this Day Ordered, by the Lords and Commons, That the Warrant dated the 14th Day of November, directed to the Town of Arundell, in the County of Sussex, from Edward Ford, Esquire, enjoining the Country to come in upon it with their Arms, is illegal, and ought not to be obeyed; and that the Country ought not to come in upon it, but to oppose him, and apprehend him, and send him up to the Parliament as a Delinquent, for issuing out of Warrants of this Nature.

"It is also Ordered, and Declared, That it is lawful for all such Persons as shall be attempted to be disarmed by any Authority but by Order of both Houses of Parliament, to gather and assemble together into One Body, to make Resistance; and (fn. 4) if, in such Resistance, they shall kill or slay any that shall oppose them, that they shall be protected by the Authority of Parliament: And they do further Declare, That, if there shall be any Attempt to put the Commission of Array in Execution, that it is lawful for them to assemble together, and make the like Resistance.

"It is further Ordered, That Captain Ambrose Trayton shall have Power to call in Two Hundred Men, or more, if Occasion shall be, into the Town of Lewes, Voluntiers, or others; and to command the same, for the Defence of the said Town.

"It is further Ordered, That the Receivers of the Proposition-monies and Plate raised in the Town of Lewis shall detain in their Hands a Fifth Part of the said Monies, to be employed for the Defence of the said Town."

Declaration for an Association for the Northern Counties, to join in subduing the Popish Party there.

"The Lords and Commons now in Parliament assembled, being certainly informed that the Papists and other malignant and ill-affected Persons, Inhabitants in the Counties of Yorke, Northumberland, Westmerland, Cumberland, Lancashire, Cheshire, County Palatine of Duresme, and Town and County of Newcastle, have entered into an Association, and have raised, and daily do raise, great Forces both of Horse and Foot, to oppress and distress the well-affected Subjects, and to aid and succour the Popish and malignant Party in those Northern Parts, and in particular those now in the City of Yorke: The said Lords and Commons do Declare, That they hold it a Thing most fit, necessary, and healthful for the present State of this Kingdom, and do accordingly Order, That all Lord Lieutenants, Deputy Lieutenants, Colonels, Captains, and other Officers, and all other well-affected Persons, Inhabitants in the several Counties of Yorke, Lincolne, Notts, Darby, Staffords, Chester, Lancashire, Northumberland, Cumberland, Westm'land, County Palatine of Duresme, and Town and County of Newcastle, do and shall associate themselves, and mutually aid, succour, and assist one another, by raising Forces of Horse and Foot, and leading them unto Places which shall be most convenient and necessary, and, by all other good Ways and Means whatsoever, to suppress and subdue the Popish and malignant Party in the said several Counties, and to preserve the Peace of the Kingdom, according to the Orders and Declarations of Parliament; and that the said Inhabitants of the said several Counties, and every of them, for so doing, shall be saved and kept harmless, by Power and Authority of Parliament: And the said Lords and Commons, taking into their serious Consideration the Necessity of appointing a Commander in Chief over the Forces which are or shall be raised in the Counties aforesaid, or any of them, for the Service aforesaid, in regard that, by the particular Commissions already granted to Persons in the said several Counties, there is not Power given to lead Forces out of their Counties; it is Ordered, That the Lord General, the Earl of Essex his Excellency, shall be desired to grant such Commission to the Lord Fairefax (in his Excellency's Absence from the said Counties), for levying, leading, and conducting, all such Forces as are or shall be raised, in the said several Counties, for the Service of the King and Parliament, as his said Excellency himself hath; and likewise Power to give the same Orders and Instructions for regulating the Soldiery, which is or shall be, under his Command, as his Excellency hath given to his Army, and to use Martial Law to compel Obedience thereunto, as Occasion shall require; and also Power and Authority to make and appoint Colonels, Captains, and other Officers, for levying, conducting, and leading the said Forces, as he shall think fit."

Adjourn.

Adjourn till 10 ^a cras.