Journal of the House of Lords: Volume 9, 1646. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Saturni, 31 die Julii.
Sir W. Russel & al. and Lenthall & al.
The Report of Baron Atkins and Justice Godbold, was read; being the Recognizance of the Bond to be given for the Seven Hundred and Fifty Pounds in Difference between Russell, &c. and Lenthall, &c.; which Recognizance was approved of, and the Bond to be made accordingly. (Here enter it.)
Sharp versus Daniel.
Upon reading the Petition of John Mylles: It is Ordered, That the Trial between Sharpe Plaintiff, and Richard Daniell Defendant, which is appointed to be speedily at the Assizes for Kent, shall be stayed; and the Trial to be at Bar, in the Common Pleas, the next Term; it being concerning Title of Land, and Matter of Law; and, in this Time of Distraction and the Army's Dispersing, the Witnesses which dwell far off cannot be procured to come to the Trial.
D. of Buck. & al. a Pass.
Taylor and Murdock, committed for Contempt of an Order in Behalf of the E. of Leicester, released.
Upon reading the Petition of Richard Taylor and Jeremy Murdocke; who were sent for, at the Complaint of the Earl of Leycester, for disobeying an Order of this House; but now humbly submit to this House, for their Contempt:
Message from the Common Council, that they have appointed Gen. Massey to command their Militia.
This Day the Sheriffs of London acquainted this House, from the Common Council of London, with a Vote for Lieutenant General Massey to be Commander of the Forces for this Occasion: (Here enter it.) And to acquaint them further with Information out of Hertfordshire.
The Sheriffs were called in; and the Speaker told them, "That this House approves very well of Lieutenant General Massey, to be Commander in Chief of the Forces of the City, &c.; he being a Person so able."
L. Chandois, a Pass.
E. of Newport, D°.
Bp. of Gloucester's Allowance.
Upon reading the Petition of Godfrey late Bishop of Gloucester: It is Ordered, To be recommended to Committee of Lords and Commons for Sequestrations, that the Sequestration from the Thirty Pounds a Year mentioned in the Petition be taken off, and that allowed him for his Maintenance.
Message from the H. C. with Orders; and that they will sit P. M.
Vote to invite the King to come to the Houses immediately.
A Declaration was presented to the House, to be sent to the King, from both Houses of Parliament, to invite the King to come immediately to the Parliament; and being read, was Agreed to, and sent presently to the House of Commons, by Doctor Heath and Mr. Page, to desire their Concurrence therein.
Sir W. Russell & al. and Lenthall & al.
"According to your Lordships Order of the Two and Twentieth Day of July last, concerning Sir William Russell, &c. and Thomas and Francis Lenthall, and John Marston; we have drawn up the Condition of the Security for the Seven Hundred and Fifty Pounds in the said Order mentioned, to which we have subscribed our Names, and hereunto annexed the same; which nevertheless we leave to your Lordships grave Considerations.
"Noverint universi per præsentes, nos, Henricum St. John de London Mercatorem, & Thomam Walter de London Mercatorem, teneri & firmiter obligari Prænobili Edward. Comiti Manchester, in Mille & Quingentis Libris, bonæ & legalis Monetæ Angliæ, solvend. eidem Comiti, Executoribus vel Assign. suis; ad quam quidem Solutionem bene & fideliter faciend. obligamus nos, & utrumque nostrum per se, pro toto & in solid. Hæredes, Executores, & Administratores nostros, & utrinque n'r'm, firmiter per præsentes, Sigillis nostris sigillat.
"Whereas, upon the Seven and Twentieth Day of February, in the Year of our Lord God One Thousand Six Hundred Forty and Five, upon the Petition of Sir William Russell Knight and Baronet, John Wood, George Fletcher, Wm. Geere, and George Warren, concerning Thomas and Francis Lenthall and John Marston, it was ordered, by the Lords in Parliament assembled, That Seven Hundred and Fifty Pounds should be deposited in the Clerk of the Parliament's Hands, until the Judges at Law should deliver their Opinions, whether a Prohibition ought to be granted in the Case or not; which said Sum of Seven Hundred and Fifty Pounds was deposited accordingly, and the Judges have since delivered their Opinions, That a Prohibition ought to be granted in the Case; and afterwards, by a Rule made in His Majesty's Court of Common Pleas the Third of this Instant July, a Prohibition was accordingly awarded in the same Cause; and whereas, the Two and Twentieth Day of this Instant July, upon hearing Counsel on both Sides, concerning the said Seven Hundred and Fifty Pounds so deposited as aforesaid, it was ordered, by the Lords in Parliament assembled, That the said Sum of Seven Hundred and Fifty Pounds should be re-delivered out of the Custody of the Clerk of the Parliaments, upon good and unquestionable Security to be first given to the Right Honourable the Earl of Manchester, Speaker of the House of Peers pro Tempore:
"Now the Condition of this Obligation is such, That, in case Judgement shall happen to be given against the Plaintiffs in the said Prohibition, or a Consultation shall be thereupon awarded, that then, if the said Sir William Russell, John Wood, George Fletcher, William Geere, and George Warren, or any of them, their or any of their Executors or Assigns, within Six Weeks next after such Judgement given, or Consultation so awarded as aforesaid, shall well and truly pay, or cause to be paid, into the Hands of the Clerk of the Parliaments for the Time being, the Sum of Seven Hundred and Fifty Pounds, of lawful Money of England, to be disposed of as the Honourable the House of Peers shall think fit and order; or, if Judgement shall be given for the Plaintiffs in the said Prohibition, then this Obligation to be void, and of no Effect; or else the same to remain and be in full Force and Virtue.
Gen. Massey to command the City Militia.;
"That they do approve of the Choice made by the Committee of the Militia of the City of London, of Lieutenant General Massey, to be Commander General in Chief pro Tempore of the Forces raised, and to be raised, within the City of London, Lines of Communication, Weekly Bills of Mortality, and Hamlets of The Tower, for Defence and Safety of the King, Parliament, and City."
Gravesend and Tilbury Fort to be secured for the Parliament, by the Trinity House.
"That it be referred to the Society of The Trinity House, and they have hereby Power, and are required, to take into their Care and Custody the Block-house at Gravesend, and Tilbury Fort in Essex; and to secure them for the Parliament, to be disposed in such Manner as they shall direct and appoint."
Message from the Common Council, for Gen. Massey to command their Militia; and that the Army intend to seize Tilbury Fort.
"This Court doth well approve of the Choice made by the Committee of the Militia for London, of Lieutenant General Massey, to be Commander General in Chief pro Tempore of the Forces raised, and to be raised, within this City, and Lines of Communication, and Weekly Bills of Mortality, and Hamlets of The Tower, for the Defence and Safety of King, Parliament, and City:
"And it is Ordered, That the Two Sheriffs, Mayor, Chamberlain, Captain Cox, Deputy Adams, and Deputy Antrobus, shall forthwith address themselves to both Houses of Parliament, and humbly pray their Approbation of the said Choice; and shall also acquaint the Parliament with the Intelligence received out of Hartfordsheir, and concerning the Intention of the Army to surprize the Block-house in Essex."
Intelligence of the following Warrants.
"I make bold to acquaint your Honour, That the Committee of the Militia of Hartford have received Warrants from Sir Thomas Fairefax; the Contents are in the Paper inclosed, hoping they may do you some Service; from a Friend of your Honour's, whom you shall know when he comes next to London.
"To the Right Honourable the Lord Mayor of London. (fn. 1) These present, with Speed."
Warrant from Sir T. Fairfax; to draw together the Hertfordshire Forces.
"I have sent Commissions to the Colonels and some others of the Officers of Horse and Foot in your County, and shall send to the rest of the Officers their Commissions very speedily; and desire you, in the mean Time, to draw to a Rendezvous your Horse and Foot of your County, upon Sight hereof, towards Barkhamstead; and that you do send to me for further Orders. I have appointed Mr. Barbar to fill up the Blanks in your Commissions, as you shall agree. I remain
Warrant to provide Provisions for the Army.
"Also a Warrant from the Commissary General for the Hundred of Cashor, for providing Four Hundred Dozen of Bread, Four Hundred Pounds of Cheese, Four Hundred Pounds of Bacon, and Ten Hogsheads of Beer, to be at Hounsloe Heath, or at Uxbridge, by Eight of the Clock To-morrow Morning being Saturday.
Message from the H. C. with Ordinances, &c.
L. Grey of W. to attend; and the Great Seal Order respited.
Ordered, That the Order that declares Sir Thomas Fairfax' Power doth not extend to the Trained Bands and Garrisons be printed and published; and that the Sheriffs shall publish them, and the Militia of London proclaim it by Drum and Trumpet.
House to be called.
Fr. Ambassador, a Pass.
Answer from the H. C.
Message from thence, about the Vote for the King to come to the Houses; and with an Ordinance.
A Message was brought from the House of Commons, by the Lord Carr; who brought up the Vote concerning the King's coming to His Parliament, with Alterations, wherein they desire their Lordships Concurrence. (Here enter it.)
Committee of Safety.
Message from the H. C. with an Ordinance.
Sir T. Fairfax's Command does not extend to the Trained Bands and Garrisons:
"The Lords and Commons do declare, That the Order of the 19th of July, which puts under the Command of Sir Thomas Fairefax all the Land Forces under the Pay of the Parliament, doth not extend to give him any Power over the Trained Bands, or Garrisons."
This to be published.
"Ordered, by the Lords in Parliament assembled, That this Declaration be printed, and afterwards published by the Militia of the City of London, by Sound of Trumpet; and that the Sheriffs of the several Counties of this Kingdom, and Principality of Wales, shall cause the same to be published, within their several Limits, accordingly."
Keepers of Stores to issue Ordnance, &c. by Warrant from the Committee of Safety.
Resolved, by the Lords and Commons in Parliament assembled, That Power be given to the Committee of Safety, renewed Yesterday by Ordinance, to give Warrant to all Keepers of Public Stores, under whose Custody there are any Ordnance, Ammunition, Arms, and other Materials of War, to issue out such Arms, Ammunition, Ordnance, and Materials of War, from Time to Time, as they shall receive Warrant for by the said Committee."
City Militia to raise Horse.
King's Children not to be removed.
"Ordered, by the Lords and Commons assembled in Parliament, That the King's Children now at St. James' do still remain there; and that the Militia of the City of London do continue a Guard at St. James', for the Safety of the King's Children, until both Houses take further Order."
Vote concerning the King's coming to the Parliament.
"Whereas the King hath been seized upon and carried away from Holdenby, without His Consent, or the Consent of the Houses of Parliament, by a Party, into the Army, where His Majesty yet remaineth: The Lords and Commons in Parliament assembled do desire that His Majesty will be pleased immediately to come to such Place as both Houses of Parliament shall appoint; and they do declare, That He shall there be with Honour, Freedom, and Safety; and that they, with the Commissioners of the Kingdom of Scotland, will make their Addresses unto His Majesty, for a safe and well-grounded Peace."
Ordinance for the City Militia Committee to raise Horse.
"We, the Lords and Commons in Parliament assembled, seriously weighing the imminent Danger the King, Parliament, and City, are in at this present, through the manifold Distractions in this Juncture of Time, do order and ordain, and be it hereby Ordered and Ordained, That those Persons, and any Two of them, as are, or shall be, by the respective Committees of Lords and Commons for the Safety of the Kingdom, and the Militia for the City of London, or either of them, by virtue of any Order or Ordinance of either or both Houses of Parliament, authorized to seize and list Horses, for the Service of the King, Parliament, and City, and to value the same, shall, may, and hereby have, full Power to give Tickets to all such Person or Persons, from whom, or by whose Consent, the said Horses shall be seized, listed, and valued, as aforesaid; whereby the Parliament shall be bound, at the End of One Month or sooner, to restore the said Horses, so to be seized, listed, and valued, with Satisfaction for their Impairment, if any be; or otherwise, within One whole Year from such Seizure or Listing, to pay to the respective Owner and Owners thereof proportionably what the said Horses shall be valued at as aforesaid; the said Lords and Commons hereby declaring their Acceptance of the aforesaid Service, with Promise of Satisfaction for their Care and Pains therein in due Time; and shall and do hereby give them and every of them Indemnity for the same."
Ordinance to enlarge the Power of the Committee for the City Militia.
"Whereas the Lords and Commons in Parliament assembled, by Ordinance, Date 10 July, 1647, did give Power to the Committee of the Militia of London, for raising of Horse; and, amongst other Things, did ordain, That if any Person or Persons, charged to find Horses, Riders, and Furniture, should refuse or neglect the same, should forfeit and pay Twenty Pounds: It is hereby Ordained and Declared, That the Committee of the Militia, and their several Subcommittees respectively, or such as they shall appoint, shall hereby have Power to levy the said Twenty Pounds, or any Part thereof, by Distress and Sale of the Goods of the Party offending, or to imprison their Persons till the same be paid, as they shall think fit; and if any Person charged to find a Horse shall send in an unserviceable Horse, or insufficient Arms, or shall not send a sufficient and serviceable Person to ride the same Horse, he shall forfeit and pay, for every such Default, in any the Cases aforesaid, Ten Shillings, to be levied as aforesaid: And it is further Ordained, That the said Committee of the Militia, and their several Subcommittees, shall have Power, and are hereby authorized, to lay and impose upon every Foot Soldier, either of the Trained Bands or Auxiliaries, that shall neglect or refuse to appear at his Colours upon Beat of the Drum, Forty Shillings, as a Fine for every such Neglect or Refusal, to be levied by Distress; and, in Default thereof, that the said Committee, or their Sub-committees, shall hereby have Power to commit such Person so refusing or neglecting his Duty to Prison, there to remain until he shall have paid the said Fine of Forty Shillings; and the said Committee of the Militia, and their Subcommittees, shall have hereby Power to disarm any Person or Persons, residing or being within the City of London, Lines of Communication, Weekly Bills of Mortality, and Hamlets of The Tower, and secure their Persons, that shall resist, oppose, obstruct, dissuade, discourage, or any Way hinder, the present Service of the King and Parliament, in the present or future Preservation of the Parliament, City, and Places aforesaid, upon any Pretence whatsoever; and such Persons shall and are hereby accounted and adjudged as Deserters of the Parliament and City; and the said Committee of the Militia shall from Time to Time hereby have Power to elect and choose a Major General, or any other Officer, for the Forces raised, and to be raised, within the City of London and Places aforesaid, and them to amove and displace at Pleasure, and to choose others in his or their Steads: And it is further Ordained and Declared, That the Committee of the Militia for the City of London and Parts adjacent, within the Lines of Communication, and Parishes mentioned in the Weekly Bills of Mortality, or any Nine of them, whereof Three to be Aldermen, are hereby authorized and required to put in Execution, within the Liberties aforesaid, and also within the Hamlets of The Tower, all former Ordinances of Parliament for the Militia of London, that were in Force at the Time of the Passing of this Ordinance, according to the true Meaning of the said Ordinances, for the safe Guarding of the Parliament, City, and Places aforesaid; and also for the Suppression of all Forces, Rebellions, Insurrections, and Invasions, that may happen within any the said Places, or that shall approach against them: And it is also Ordained, That all Fines imposed by virtue of this Ordinance shall be taken and employed by the said Committee of the Militia, and their Sub-committees, for the Advancement of the Service, in such Manner as they shall respectively think fit: And the said Committee of the Militia and their Sub-committees, for and touching any Act or Acts done by them, or which hereafter shall be done, in Execution of this Ordinance; or of any other Ordinance heretofore made touching the Militia, shall be, by Authority of Parliament, saved harmless and indemnified: And lastly, That no Privileged Place or Person, within the Limits aforesaid, shall be exempted from the Power of this Ordinance, except the Peers of this Realm and Members of the House of Commons, and Assistants of the House of Peers, and Officers and Attendants of both Houses of Parliament respectively; who shall be exempted from this Ordinance and all Things therein contained: Provided, That this Ordinance continue for One Month, and no longer."