House of Lords Journal Volume 6: 17 August 1643

DIE Jovis, videlicet, 17 die Augusti.

PRAYERS.

Earl of Denbigh was Speaker this Day.

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

That they will send an Answer to the Alterations of the Two Ordinances sent down to them.

E. of Bath will surrender himself to the House, on his return to England.

The Earl of Denbigh reported to this House, "That the Earl of Bath this Day passed his Word, upon his Honour, to render himself to this House, according to their Lordships Order, when he returns into this Kingdom again."

Dr. Burges's Petition, for Tithes of Lord Capell's Estate in Watford, which is sequestered.

Upon reading the Petition of Dr. Cornelius Burges, Vicar of Watford; shewing, "That there is (fn. 1) due unto him Thirty-six Pounds, Fourteen Shillings, and Eight Pence, for Tithes, out of the Estate of the Lord Capell, in the Parish of Watford; and, because of the Sequestration of the Lord Capell's Estate by the Parliament, he cannot receive the said Money:" Hereupon this House Ordered, That it is referred to the Committee for Sequestrations, in the County of Hertford, to pay to Dr. Burges what is justly due unto him out of the Lord Capell's Estate, for his Tithe, &c.

Message from the H.C. for a Conference, on Two Ordinances.

A Message was brought from the House of Commons, by Sir Rob't Pye, &c.

To desire a Conference touching the Two Ordinances, with the Alterations sent down Yesterday.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Saunderson's Arrest, who was sent for, to attend the Committee of Sequestrations.

Upon reading the Certificate of Mr. Justice Reeves and Mr. Justice Bacon, concerning the arresting of Saunderson, when he was sent for by the Committee of Sequestrations to attend them. (Here enter it.) It is Ordered, To hear the particular Proofs on Saturday next, whether he was under Restraint of the Committee at the Time of his Arrest.

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

Report of the Conference on the Ordinance for Sequestrations;

And the Speaker reported the Effect of the Conference: "That the House of Commons do agree with their Lordships in all the Alterations in the Ordinance for Sequestrations, excepting to the Description of Papists, wherein they adhere to their own Sense; and also they adhere to their former Resolution, and do not agree with their Lordships in referring the Accompts to the Committee for advancing of Monies at Haberdashers Hall."

Ordered, That the Consideration of these Amendments be referred to the Committee of the whole House, as formerly; and the Committee withdrew presently, and took the same into Consideration.

and on the Ordinance for securing London.

"2dly, Touching the Alterations in the Ordinance for the securing of the City of London, the House of Commons agrees with their Lordships therein, with the Exception of the House of Commons and their Servants."

Ordered, That this House agrees with the House of Commons to this Declaration, with these Amendments. (Here enter it.)

Message to the H. C. for a further Conference on them.

A Message was sent to the House of Commons, by Sir Rob't Rich and Sir Edward Leech:

To desire a present Conference, concerning the Matter of the late Conference.

The Speaker reported from the Committee, the Alterations which the Committees have made in the Ordinance for the Sequestrations.

The Alterations were read, and approved of.

And concerning the committing of the Accompts to the Committee for Advance of Monies, the Committee is of Opinion to adhere to their Lordships Alteration: Which the House Agreed to.

Mayo and Wadsworth's Petition, for a Reward for apprehending Papists, &c.

Upon reading of the Petition of Mayo and Wadesworth, Messengers; desiring "some Reward for their Pains in apprehending divers Priests and Jesuits, which have been indicted at the Sessions in The Ould Bayly, London:" It is Ordered, That this Petition be referred to Mr. Recorder of London, who is desired to certify this House the Truth of the Petition, whether so many Priests have been indicted.

Message from the H. C. that they may communicate some Transactions between Sir Wm. Boswell and The States of Holland.

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

To desire that, at the next Conference, the House of Commons may communicate to their Lordships a Declaration, in Answer to some Exhibits, which Sir Wm. Boswell hath made to The States of Holland; and that the Proceedings of Sir Wm. Boswell may be offered to their Lordships likewise.

The Answer returned was:

Answer.

That their Lordships are willing the House of Commons should communicate the Proceedings of Sir Wm. Boswell, and the Declaration thereupon, as is desired.

Vaneinden's Cause.

Ordered, That the Cause between Mrs. Vaneynden and others shall be heard To-morrow Morning, peremptorily.

Col. Washbourn to attend, for stopping Lady Dalkeith's Goods.

The House being informed, "That the Goods of the Lady Dalkeith are not permitted to pass, according to the Order of this House, but stayed by Lieutenant Colonel Washbourne, though they have been searched:" It is Ordered, That Lieutenant Colonel Washborne shall attend this House To-morrow, to shew Cause why he doth not permit the said Goods to Pass.

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

Ordered, That the Report of this Conference shall be made To-morrow Morning.

Report concerning Smith, & al. versus Saunderson.

To the Right Honourable the Lords in Parliament assembled.

"According to your Lordships Order of the 27th of July last, upon the Petition of Isabell Smith, Wife of Thomas Smith Esquire, against Ralegh Sanderson, whereby the Matter of Fact only as touching the Arrest of the said Sanderson is referred unto us; we find that the Fact touching the Breach pretended to be made of the Privilege of this Honourable House, by the said Arrest, standeth thus: The Estate of Sanderson being sequestered by a Sub-committee, upon Information to them that he was in actual War against the Parliament; Sanderson's Brother denying that Information to be true, the said Sub-committee directed Sanderson's Brother to send for him, to clear the same, which he did; and Sanderson thereupon coming up to London, 9 Junii last, appeared before the Committee of Lords and Commons (to whom that Business was then transferred by the Sub-committee); and on that Day, by some of the Grand-committee, Sanderson was commanded to attend again on the 12th of June; on which 12th Day of June, about Eight of the Clock in the Forenoon, before the Hour of his Attendance, he was arrested upon a Bond of Six Thousand Pounds, by the Procurement of Rob't Preston, and by the Direction of the said Thomas Smith, at the Suit of Mountjoy and Northey, Trustees of the said Mr. Smith in the said Bond; and after, upon that Day, Arthur Collyns charged him, being then in Custody, upon the said former Action, with a Bill of Midd. at the Suit of Daniell Giles, for a Debt of Ninety Pounds; and thereupon he remaining in Custody, about Eight Days after the said Arrest he was charged, by one George Plunkett, with another Action of One Hundred Pounds, at the Suit of Mr. William Ashby: Which we conceive to be in Substance the Truth of the Fact touching the said pretended Breach of Privilege; with this, that there hath been no Proof offered before us that Mr. Sanderson ever was in any such actual War, as was informed; but Mr. Sanderson, by his Affidavit, hath expressly denied that he was so: Touching the Fact for the Contempt pretended in arresting Mr. Sanderson, contrary to the Privilege, which he as aforesaid pretends, it is pressed only against the said Robert Preston and Arthur Collins, that they, knowing of the said Sequestration made by the Sub-committee against Mr. Sanderson's Estate, yet Preston did, as aforesaid, afterwards procure him to be arrested, upon the said Action of Six Thousand Pounds, and Collins charged him with the said Action of Ninety Pounds, as is aforesaid: There be some Circumstances pretended on either Part, either to press or defend both their Facts; but we have stated the Fact so nigh the Truth, as we did apprehend it upon hearing both Parties; but, left we might err in our Apprehensions of these Facts, in some Part whereof there be some different Testimony, we have also certified unto your Lordships such Proofs as were offered to us on either Part; and most humbly submit the Judgement thereof unto your Lordships.

11 Augusti, 1643.

Edm. Reve,
Fra. Bacon."

Ordinance for securing the City of London, &c.

"For the better securing of the Parliament, the Cities of London and Westm. and the Suburbs thereof, and Parts adjacent, in these Times of imminent Danger, the Lords and Commons in Parliament assembled do Ordain, That the Committee of the Militia for the City of London, or any Person or Persons authorized by them, shall have Power, and are hereby authorized and required, to tender and administer unto all and every such Person or Persons, within the said Cities, or within the Line of Communication, or any of the Parishes mentioned in the Weekly Bills of Mortality, which are appointed, or hereafter shall be appointed, to bear Arms under the Command of the Committee of the Militia of London, the Oath or Vow hereafter mentioned; that is to say,

"I A. B. in the Presence of Almighty God, do Vow and Protest, That I will, according to my Power and Vocation, maintain the Cities of London and Westm. with the Borough of Southwarke, and Suburbs of the said Cities and the Forts, Outworks, and Lines of Communication, lately made about the said City and Borough, against all Forces raised, or to be raised, by the King, or any other, without the Consent of both Houses of Parliament, or Authority derived from them; and that I will not, directly or indirectly, endeavour the giving up, seizing, or taking, of any of the Forts, Outworks, Magazines, or Places of Strength, within the Precincts aforesaid, without the Consent of both Houses of Parliament, or of such as shall have Authority derived from them, and of the Lord Mayor, Aldermen, and Common Council of the said City of London; and that I will not, in Prejudice of the said Cities, Suburbs, or Places, raise or assist any Forces, Tumults, or unlawful Assemblies of People; nor will directly or indirectly give any Intelligence, or willingly suffer any Intelligence to be given, to the Forces raised without the Consent of both Houses of Parliament, or otherwise, to the Prejudice of the said Cities, Suburbs, or Places; and that I will, with all convenient Speed, discover to the Lord Mayor and Governors of the Forces within the said City of London, or to some of them, all such Plots and Designs as I shall know, or be credibly informed of, to be against the said Cities, Suburbs, or Places, or any of them: And this Vow and Protestation I make without any Equivocation or mental Reservation, believing that I cannot be absolved from this my Vow and Protestation, and wishing no Blessing from God if I do not perform the same. So help me God.

"And it is further Ordained, by the said Lords and Commons, That if any such Person or Persons as aforesaid shall refuse to take the said Oath or Vow, so tendered, the Committee of the Militia for the City of London, or any Two or more of them, shall have Power, and are hereby authorized and required, by themselves, their Agents, and Ministers, forthwith to disarm every such Person so refusing, and to seize their Horses; and in Case such Person, after such disarming, shall have any Arms found with him, or with any other to his Use, which he shall not immediately reveal to the said Committee of the Militia, or some of them, that then his Goods and Estate shall be seized, to the Use of the Commonweal, and for the Defence of the said Cities; as likewise the Goods and Estate of every such Person as aforesaid, as shall willingly harbour or conceal the Arms of any such Person so refusing; and shall also have Power, and are hereby required, to seize the Person or Persons of all such Persons as aforesaid, as shall refuse the said Oath, or any other Person or Persons which are or shall be known or appear to be malignant or ill-affected to the Parliament, and to put them into safe Custody, or to remove and expel them from and out of the said Cities and Lines of Communication, or otherwise to dispose of them, as they shall think to be most conducing to the Safety of the said Cities and Places: And it is further Ordained, by the said Lords and Commons, That the said Committee of the Militia, or any Nine of them, or the Commander in Chief of the Forces raised within the said Cities and Lines of Communication, or any the foresaid Parishes mentioned in the Weekly Bill of Mortality, shall have Power, and are hereby required, to suppress all Insurrections, Tumults, and unlawful Assemblies, within the said Cities and Precincts aforesaid; and to apprehend all Offenders therein, their Aiders, and Abettors, and also all such as shall wear any Marks, Signs, or Colours, to distinguish themselves as a Party joining against the Authority of Parliament; and to punish or execute them, or so many of them as they shall think fit, according to the Rule of Martial Law: And it is further Ordained, by the Lords and Commons, That the Committee of the Militia of London, or any Nine of them, and the Commanders in Chief, and the respective Officers, in their several Places, shall govern and punish their inferior Officers, under the Command of the said Committee of the Militia, according to the Articles and Laws of War set forth by his Excellency the Earl of Essex, and authorized by both Houses of Parliament; and the said Committee of the Militia are hereby further authorized to take Order (as Occasion shall require) for the shutting up of all Shops, within the said Cities, and Lines of Communication, until further Order shall be taken by both Houses of Parliament, or by the said Committee; to the End that all Persons may, according to their Power and Vocation, be and continue in a Readiness and fitting Posture for the Defence of the said Cities and Parts adjacent: Provided, that no Power herein granted shall extend to any Peer, or Member of either of the Houses of Parliament, or any of the Assistants or Attendants upon the House of Peers or House of Commons."

Adjourn.

House adjourned till 9^a cras.