Die Sabbati, videlicet, 30 die Aprilis.
Sir Robert Coke's Bill.
vice lecta est Billa, An Act for the enabling
of Sir Robert Coke, Knight, to pay his Debts, and make
some further competent Provision for Dame Theophila
his now Wife.
Ordered, To be committed to the Consideration of
these Lords following, who are to make Report (fn. *) thereof
to this House:
L. Privy Seal.
Ds. Howard de Charleton.
Ds. Grey de Warke.
Ds. Howard de Estc.
Ds. Herbert de Cherbery.
Mr. Justice Foster and
Mr. Justice Reeves,
Their Lordships, or any Five of them, to meet
on Monday next, at Two of the Clock in the
Afternoon, in the Painted Chamber.
E. of Arundel's Bill.
The Lord Robartes reported, "That the Committee
for the Bill to enable the Earl of Arrundle to sell
Lands, for the Payment of Monies to the Executors
of the Lord Viscount Banning, have considered of the
same, and have thought fit [ (fn. †) to offer] to their Lordships Consideration some Amendments, which are
agreed upon by both Sides."
The said Amendments and Alterations were read
Thrice, and agreed to; and it is Ordered, That the
said Bill shall be ingrossed, with the said Amendments
E. of Lindsey to bring in his Commission of Lieutenancy, and attend the House.
Ordered, That the Lord Great Chamberlain shall
be sent to, to return his Commission of Lieutenancy into
this House forthwith; and that his Lordship return, and
give his Attendance on this House, according to the
Time he had limited him by this House.
Featly and Kirwin.
Ordered, That the Report of the Barons of the
Court of Exchequer, touching Business referred to them
concerning Doctor Featly and Kirwin, shall be considered of on Monday next.
Dr. Jackson's Examination in Lady Hastings's Cause against Mr. Poulton.
Ordered, That there shall be forthwith Publication of
the Examination of Doctor Jackson, concerning the Lady
Hastings's Cause, against Mr. Poulton.
None of the King's or Queen's Servants entitled to Privilege, except those in Ordinary.
It is this Day Declared by this House, That none
of the King's, Queen's, or Prince's Servants shall be
allowed the Privileges of Parliament, but such as are
Servants in Ordinary.
The Lord Keeper acquainted this House, "That he
hath received Two Letters from the King, wherein
are inclosed Two Messages, which he is to communicate to both Houses of Parliament." Then the
House commanded the Letters and the Messages to be
read; which were accordingly done, as followeth:
Letter from the King to the Lord Keeper.
"To Our Right Trusty and Well-beloved Counsellor, Edward Lord Littleton, Keeper of Our
Great Seal of England, or other Speaker of
Our House of Peers.
"Right Trusty and Well-beloved Counsellor, We greet
you well. Our Will and Command is, That you forthwith deliver, to be read in Our House of Peers, and
afterwards communicated to Our House of Commons,
Our Second Message sent inclosed, concerning Sir
John Hotham's Refusal to give Us Entrance into Our
Town of Hull; and for so doing this shall be your
"Given at Our Court at Yorke, the Eight and Twentieth of April, 1642."
Message from the King, for Hull to be put into His Hands, and Sir John Hotham, &c. punished.
"We are so much concerned in the undutiful Asfront (an Indignity all Our good Subjects must disdain in Our Behalf) We received from Sir John
Hotham at Hull, that We are impatient till We receive
Justice from you, and are compelled to call again for
an Answer; being confident (however you would be
so careful, though without Our Consent, to put a Garrison into that Our Town, to secure it and Our Magazine against any Attempt of the Papists) that you
never intended to dispose and maintain it against Us
your Sovereign: Therefore We require you forthwith (for the Business will admit of no Delay) that
you take some speedy Course, that Our said Town
and Magazine be immediately delivered up unto Us,
and that such severe exemplary Proceedings be against
those Persons who have offered Us this insupportable
Affront and Injury, as by the Law is provided; and,
till this be done, We shall intend no Business whatsoever (other than the Business of Ireland); for if We
are brought into a Condition so much worse than any
of Our Subjects, that, whilst you all enjoy your Privileges, and may not have your Possessions disturbed,
or your Titles questioned, We only may be spoiled,
thrown out of Our Towns, and Our Goods taken
from Us; it is Time to examine how We have lost
those Privileges, and to try all possible Ways, by the
Help of God, the Law of the Land, and the Affection
of Our good Subjects, to recover them, and vindicate
Ourself from those Injuries. And, if We shall miscarry herein, We shall be the First Prince of this Kingdom that hath done so, having no other End but to
defend the true Protestant Profession, the Law of
the Land, and the Liberty of the Subject; and so
God deal with Us as We continue in those Resolutions."
The Second Letter was read, as followeth:
Second Letter from the King to the Lord Keeper.
"Right Trusty and Well-beloved Counsellor, We
greet you well, Our Will and Command is, that you
forthwith deliver, to be read in Our House of Peers,
and afterwards communicated to Our House of Commons, Our Message inclosed, concerning Our Refusal
to pass the Bill lately sent unto Us for settling of the
Militia; and for so doing this shall be your Warrant.
"Given at Our Court at Yorke, the 28th of April,
This was directed to the Lord Keeper.
The Message follows:
Message from the King, about the Settlement of the Militia.
"We have, with great Deliberation and Patience,
weighed and considered (it concerning Us much to
weigh the Consequences of every Law before We
pass it) your Bill lately sent to Us for the settling of
the Militia; and, though it hath not been usual to
give any Reason for Our Refusal to pass any Bill (it
being absolutely in Our Power to pass or not to pass
any Act sent unto Us by you, if We conceive it prejudicial to Ourself, or inconvenient for Our Subjects,
for whom We are trusted, and must One Day give an
Account); yet, in this Business of the Militia, which,
being misunderstood amongst Our good Subjects,
hath been used as an Argument as if We were not
vigilant enough for the Public Safety, and lest We
should be thought less constant in Our Resolutions,
and this Bill to be the same We sent unto you; We
have thought fit to give you and all the World partiticular Satisfaction, why We cannot, ought not, must
not, pass this Bill, being the first Public Bill to Our
Remembrance We have refused this Parliament: And
therefore We must complain, that, having expressed
Ourself so clearly and particularly to you in this Point,
you should press any Thing upon Us which you could
not but foresee that We must refuse, except We departed from those Resolutions, grounded upon so
much Reason, We had so earnestly before acquainted
you with, and against which you have not given One
Argument to satisfy Our Judgement.
"We are pleased that you have declined the unwarrantable Course of your Ordinance (to which We are
confident Our good Subjects would never have yielded Consent), and chosen this only right Way of imposing on Our People, which We would have allowed
but for the Reason hereafter mentioned.
"We refused to consent to your Ordinance, as for
other Things, so for that the Power was put into the
Persons nominated therein by Direction of both Houses
of Parliament, excluding Us from any Power in the
Disposition or Execution of it together with you. We
then advised you, for many Reasons, that a Bill should
be prepared; and after, in Our Answer of the Twentysixth of March last, to the Petition of both Houses, We
told you, if such a Bill should be prepared, with that
due Regard to Us, and Care of Our People, in the Limitation of the Power and other Circumstances, We
should recede from nothing We formerly expressed.
What passed (enough to have discouraged Us from being further solicitous in that Argument) after Our
full and gracious Answers, We are content to forget.
When We resolved of Our Journey into Ireland (so
that, by reason of Our Absence, there might be no
Want of settling that Power), besides complying with
your Fears, We sent, together with a Message of that
Our Purpose, a Bill for the settling of that Power for a
Year, hoping in that Time to return to you, and being sure that in much less Time you might do the Business for which at first you seemed to desire this;
which was, that you might securely consider Our
Message of the Twentieth of January last: By that
Bill, We consented to those Names you proposed in
your Ordinance, and in the Limitation of the Power
provided, that Ourself should not be able to execute
any Thing but by your Advice; and, when We should
be out of the Kingdom, the sole Execution to be in you,
with many other Things, of so arbitrary and uncircumscribed a Power, that We should not have consented to it, but with Reference to the Absence of Our
own Person out of the Kingdom, and thought more
sufferable in respect the Time was but for a Year.
Whether this be the Bill you have now sent Us to
pass, let all the World judge.
"You have, by this Bill now tendered to Us (without taking Notice of Us), put the Power of the
whole Kingdom, the Life and Liberties of the Subjects of all Degrees and Qualities, into the Hands
of particular Men, for Two Years. Can you imagine We will trust such an absolute Power in the
Hands of particular Persons, which We refused to
commit to both Houses of Parliament? Nay, is not
the Power itself too absolute, too unlimited, to be
committed into any private Hands? Hath not Sir
John Hotham's high Insolency shewed Us what We
may expect from an exorbitant legal Power, when
he, by a Power not warranted by Law, dares venture
upon a treasonable Disobedience? But We would
willingly know (and indeed such an Account in
ordinary Civility We might have expected) why We
are by this Act absolutely excluded from any Power
or Authority in the Execution of this Militia. Sure
your Fears and Jealousies are not of such a Nature
as are capable of no other Remedy than by leaving
Us no Power in a Point of the greatest Importance,
in which God and the Law hath trusted Us solely,
and which We were contented to share with you by
Our Bill, by putting it and a greater into the Hands
of particular Subjects. What would all Christian
Princes think of Us, after We had passed such a
Bill? How would they value Our Sovereignty?
And yet sure Our Reputation with Foreign Princes
is some Ground of your Security. Nay, We are
confident, by that Time you have thoroughly considered the possible Consequence of the Bill upon
yourselves, and the rest of Our good Subjects, you
and they will give Us Thanks for not consenting to
it; finding their Condition (had it passed) not to have
been so pleasing unto them: We hope this Animadversion will be no Breach of Your Privileges. In this
Throng of Business and Distemper of Affections,
'tis possible, Second Thoughts may present somewhat to your Considerations which escaped you before.
"We passed this Parliament, at your Entreaty, a
Bill concerning the Captives of Algiers, and waved
many Objections of Our own to the contrary, upon
Information that the Business had been many Months
considered by you. Whether it prove suitable to
your Intentions, or whether you have not by some
private Orders suspended that Act of Parliament, upon
View of the Mistakings, you best know; as likewise
what other great Alterations you have made in other
Bills passed this Sessions. We cannot pass over the
putting their Names out of this Bill, whom before
you recommended to Us in your Ordinance; it seems,
not thinking fit to trust those who would obey no
Guide but the Law of the Land (We imagine you
would not with We should, in Our Estimation of
others, follow that your Rule); and leaving out, by
special Provision, the present Lord Mayor of London,
as a Person in your Disfavour; whereas, We must
tell you, his Demeanour hath been such, that the
City and the whole Kingdom is beholden to him for
"To conclude, We do not find Ourself possessed of
such an Excess of Power, that it is fit to transfer or
consent it should be in other Persons (as is directed
by this Bill); and therefore We shall rely upon that
Royal Right and Jurisdiction, which God and the
Law hath given Us, for the suppressing of Rebellion
and resisting Foreign Invasion, which hath preserved
this Kingdom in the Time of all Our Ancestors, and
which We doubt not but We shall be able to execute; and, not more for Our own Honour and Right
than for the Liberty and Safety of Our People, We
cannot consent to pass this Bill."
These Two Messages to be communicated to the H. C. at a Conference.
The House, taking these Two Messages into serious
Consideration, (fn. *) Resolved, To communicate them to the
House of Commons at a Conference.
And a Message was sent to the House of Commons,
by Sir Robert Rich and Sir Edward Leech:
Message to the H. C. for it.
To desire a present Conference (if it may stand with
their Conveniency), by a Committee of both Houses,
in the Painted Chamber, touching Two Messages received from the King, being of the highest Consequence
ever yet received.
Subject of the Conference.
The Lord Keeper was appointed to deliver the said
Two Messages to the House of Commons at this Conference, and desire them to join, that a select Committee
of both Houses may be appointed, to consider what is
fit to be done upon the said Messages, and report the
same to this House: Likewise the Earl of Essex
(fn. †) was to
let them know, that this House conceives these Messages
proceed from the destructive Counsels and Advice of ill
and wicked Counsellors about the King; therefore to
desire them, that the Houses of Parliament would speedily take into Consideration the naming of those ill
Counsellors; and that some Course may be taken to
have them whensoever they are within the King's Dominions, that so they may be brought to condign Punishment.
Committee to confer with a Committee of the H. C. what should be done concerning these Messages from the King.
Ordered, That these Lords following are appointed Committees, to join with a proportionable Number of the House of Commons, to consider what is
fit to be done upon these Two Messages from the
L. Viscount Say & Seale.
Ds. Howard de Escrigg.
Their Lordships, or any Five.
E. of Sussex quieted in his Possession of Walfleet River, and Burham Water in Essex.
Upon Information given this Day unto this House
upon Oath, "That several Persons have lately, in a
tumultuous Manner, fished in the River of Walfleete,
and Burnham Water, in the County of Essex, contrary
to the Orders of this House, grounded upon a Verdict passed at the Common Pleas Bar, upon full Evidence, in Declaration and Confirmation of the Title
of the Right Honourable the Earl of Sussex to the
River and Water aforesaid:" It is now Ordered, by
the Lords assembled in Parliament, That the Possession
of the said River and Water shall be continued unto
the said Earl of Sussex, according to the said Verdict, until his Lordship shall, by any legal Proceeding
or Order of Parliament, be evicted; and if any
Man pretend any Title to the said River, Water,
or Fishing, and shall commence a Suit against the
said Earl of Sussex in this Cause, his Lordship will
appear to the Action, lay by his Privilege of Parliament, and join with him in the said Suit: And lastly
it is Ordered, That George Asser, John Poole, Richard
Bishopp, William Tompson, Richard French, and Richard
Living, mentioned in the Affidavits, that have in such
a tumultuous Manner fished in the said River and Water, shall be sent for as Delinquents, to answer their
Contempts to the Orders of this House.
Mr. Walsh, Queen's Servant, released.
Upon Information to this House, "That Robert
Walsh, Esquire, a sworn Servant in Ordinary to the
Queen, did now attend the Pleasure of this House,
according to their Lordships Order of the 29th of
this Instant April, and humbly desired his Enlargement, being arrested contrary to the Privilege of Parliament:" It is Ordered, That the said Mr. Walsh
shall forthwith be freed of and from his present Restraint
Mayor, &c. of Colchester versus Freshfeild.
Upon the humble Petition of the Mayor and Aldermen of the Town of Colchester, informing this House,
"That there is a Cause now ready for hearing in
Chancery, in a judicial Way, between (fn. *) them and
one Freshfeild, who, endeavouring to decline that
Proceeding, desires to have his Cause heard here
before the Lords in Parliament:" It is thought fit,
and so Ordered by this House, in regard the said
Freshfeild may have his Remedy in the Chancery, That
the Cause be wholly dismissed this House, and left to
the Chancery, that the Lord Keeper may so hear, proceed, and determine the said Cause, as may be agreeable to Equity and Justice.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, 30m diem Aprilis,
1642, hora 3a, Dominis sic decernentibus.
Roseby to attend, about his building a House on the King's Ground, near the Parliament Record Room, contrary to Order.
Ordered, That Henry Roseby and his Wife shall be
summoned to appear before this House, on Tuesday the
3d of May next, to answer their great Contempt, for
erecting a House upon the King's Ground, contrary to
several Orders of this House, and shew Cause why the
said Building, so erected in Contempt as aforesaid, shall
not be forthwith pulled down; and they to stand committed, for offending against this House, and for their
Contempt of the several Orders in this Particular.
Ld. Capell Leave to be absent.
Ordered, That the Lord Capell shall have Leave to
be absent from his Attendance on this House for a Week,
his Lady being sick.
Committee to prepare an Order, for the Sheriff of Berks to suppress the Riots in Windsor Forest.
Ordered, That the Earl of Holland, the Lord Wharton, the Lord Kymbolton, and the Lord Brooke, do prepare an Order, to be sent to the Sheriff and Justices of
the Peace for the County of Berks, for preventing all
Riots and unlawful Assemblies in the Forest of Windsor,
and present the same to this House.
A Message was brought from the House of Commons, by Walter Longe, Esquire, &c.
Message from the H. C. for Committees to meet about the King's Message.
To let their Lordships know, that the House of Commons do agree in the Matter of the late Conference,
concerning the Two Messages from the King, and have
appointed a proportionable Number of their Members
to join with the Committee of Lords; but desire that
the Power of that Committee may be enlarged, to consider of any Thing that concerns the Safety of this
Kingdom, and that their Lordships would please to appoint Time and Place where the said Committee shall
For putting the Ordinance, for settling the Militia, in Execution.
2. The House of Commons desires their Lordships
would put the Ordinance of both Houses of Parliament,
for settling the Militia, into Execution.
For an Order to enable the Sea Adventurers for Ireland to subscribe Money.
3. They desire their Lordships Concurrence in an
Order for enabling the Sea Adventurers for Ireland to
subscribe Monies, for the Service of that Kingdom.
Committee on the King's Messages to meet, and their Power enlarged.
Hereupon this House Ordered, To enlarge the
Power of the Committee, as is desired; and that the
Committee do meet this Afternoon, when the House
rises, in the Painted Chamber, and have hereby Power
to adjourn themselves from Time to Time afterwards,
and to make Sub-committees, and divide themselves, as
they shall see Cause.
Ordinance for settling the Militia to be put in Execution.
Ordered, That the Ordinance for settling the Militia
shall be put into Execution.
Committee to consider of an Order for the Sea Adventurers for Ireland to subscribe Money.
Next, the Order for the Sea Adventurers for Ireland
was read; and Ordered, To be committed to the Earl
of Leycester, the Earl of Bristoll, and the Lord Viscount
Say & Seale, Lord Wharton, and Lord Brooke; who are
presently to consider thereof, and report the same to this
The Answer returned to the Messengers that brought
the aforesaid Message was:
Answer to the H. C.
That (fn. *) this House agrees to the enlarging the Power
of the Committee, as is desired, and have appointed
the said Committee to meet at the Rising of the House
this Afternoon, in the Painted Chamber, and given them
Power to divide themselves into Sub-committees, and
to adjourn from Time to Time, as often as they shall
2. Touching the Ordinance for the Militia, their
Lordships are resolved to put the same into Execution.
3. Concerning the Order touching the Sea Adventurers for Ireland, their Lordships will take the same
into Consideration, and send an Answer by Messengers
of their own.
Examinations of Rebels in Ireland, and Letters from thence.
The Lord Lieutenant of Ireland acquainted this
House, "That he hath received divers Examinations
from Ireland of some Rebels, which his Lordship is
to bring into this House;" also Abstracts of Letters
from Ireland were read, concerning Colonel Beeling and
the Affairs of Irelande, expressing their Want of Victuals,
of Ammunition, Cloaths, Stockings, and Shoes.
Witnesses to be examined, concerning Colonel Beeling.
Ordered, That the Lord Chief Justice of the King's
Bench shall call the Witnesses before him, and examine
the Business concerning Colonel Beelinge, and make Report thereof to this House; which will give further Order therein.
L. Morley's Trial, for the Murder of Capt. Clarke.
Ordered, That the Trial of the Lord Morley and
Mounteagle, touching the Death of Captain Peter Clarke,
shall be heard at this Bar this Day Three Weeks, being
the 21st of May next; and that the Committee for Privileges shall meet on Monday the 9th of May, and at
such other Times as they please between this and the
said Hearing, to consider of the Manner and Way of
proceeding therein, and to make Report thereof to this
House; and hereof the Parties are to take Notice, and
give their Attendance accordingly: And lastly it is
Ordered, That, upon returning of their Witnesses
Names, Warrants shall issue out for their Appearance
in the said Cause; and the King's Counsel is hereby
required to attend the Committee for Privileges.
Order for the Sea Adventurers for Ireland.
The Lord Viscount Say & Seale reported, "That
the Committee hath considered of the Order concerning the Sea Adventurers for Ireland, and hath
offered to their Lordships Consideration some Alterations;" which were read, and approved of.
A Message was sent to the House of Commons, by
Mr. Baron Henden and Sir Robert Rich, Knight:
Message to the H. C. for their Concurrence in it.
To let them know, that this House agrees to the Order for the Sea Adventurers for Ireland, with the small
Alterations, wherein their Lordships desire Concurrence.
A Message was brought from the House of Commons, by Sir John Evelyn, Knight, and others:
Message from the H. C. that the Kentish Petition was presented to them To-day.
For which they committed Sir William Butler and Captain Lovelace.
To inform their Lordships, that, notwithstanding the
Dislike both Houses took to the Petition of Kent, yet
this Day some have presumed to exhibit that Petition
to the House of Commons, for which the House of
Commons have committed Sir William Butler to The
Fleet, and Captain Lovelace to The Gatehouse; and the
House of Commons desires their Lordships, that the
former select Committee for the Petition of Kent may
be appointed to meet, and receive further Information
herein, and examine the said Sir William Butler and
Captain Lovelace, and such Witnesses as shall be produced, concerning that Business.
And for the Concurrence of the Lords to an Order for Hull.
2. The House of Commons desire their Lordships
Concurrence in an Order concerning Hull.
This Order agreed to.
The said Order was read, and taken into Consideration, and a small Addition made; and it was Resolved,
upon the Question, To join with the House of Commons in this Order, with the Addition now read.
Sir William Butler and Captain Lovelace to be examined.
Ordered, That this House agrees with the House of
Commons, for the Examination of Sir William Butler
and Captain Lovelace, as they have desired.
The Answer returned was:
Answer to the H. C.
That this House agrees to the First Part of this Message; and for the Second Part, this House will send an
Answer, by Messengers of their own.
A Message was sent to the House of Commons, by
Mr. Baron Henden and Serjeant Glanvile:
To let them know, that this House agrees in the
Order concerning Hull, with the Amendments, wherein
this House desires their Concurrence.
Bruton and Sir John Lenthall in Error.
Upon reading of the Petition of Richard Bruton, this
Day in the House, touching a Writ of Error between
Sir John Lenthall, Knight, and the said Bruton; it is
Ordered, by the Lords in Parliament assembled, That
the Errors and Diminution touching the said Writ shall
be argued at the Bar on Thursday, being the 5th of May
next; and that the Judges be desired to be then present,
and the Parties are likewise to attend, with their Counsel.
Hugh Reeves to quit his House at Ampthill.
Ordered, That Hugh Reeves, Clerk, late Parson of
Ampthill, in the County of Bedford, shall avoid the
House he now dwelleth in, within One Month's Warning after he shall be served with this Order, according
to a former Order of this House, dated the 23d of
February 1640; or else that the Ten Pounds per Annum
then conferred upon him shall be withheld and disposed
of, as the Lord Bruce shall think fit.
Message from the H. C. that they agree to the Orders for the Sea Adventurers for Ireland; and for Hull.
A Message was brought from the House of Commons, by Sir Ralph Verney, Knight, and others:
To let their Lordships know, that they do agree to
the Order concerning the Sea Adventurers for Ireland,
with the Alterations made by their Lordships; and
likewise they do agree to the Alterations in the Order
And for a Conference about a Declaration to be sent to Yorkshire, touching the raising the Trained Bands there.
2. They desire a Conference, so soon as it may stand
with their Lordships Conveniency, by a Committee of
both Houses, concerning a Declaration to be sent into
Yorkshire, touching the raising of the Trained Bands in
The Answer returned to this Message was:
Answer to the H. C.
That their Lordships will give a present Conference,
in the Painted Chamber, as is desired.
Order for the Adventurers for Ireland additional Forces by Sea.
"Ordered, by the Lords and Commons in Parliament
assembled, That the Adventurers for the additional
Forces by Sea may underwrite such several Sums as
they please, the whole not exceeding the Sum of Forty
Thousand Pounds; and that the Receivers of the Adventurers Money for Ireland shall give Receipts to the
several Men, of their several Sums so subscribed; all not
exceeding the Sum of Forty Thousand Pounds; and
that the Receivers make the said Sum of Forty Thousand
Pounds, or so much thereof as shall be so underwritten;
paid into the Hands of the Adventurers for the Shipping, upon Account, to be disbursed and laid out by
the said Adventurers, as they shall agree, for the Service
aforesaid; which Accompt shall be made to the Committee of the Land Adventurers; and what shall not be
disbursed upon the Service of the said Adventure of the
Sum underwritten, shall be paid to the said Receivers
in ready Money."
Order for appointing the Succession to the Government of Hull.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That, in case Sir John
Hotham shall die, who, by Order of both Houses, is
Governor of Hull, that then John Hotham, Esquire,
his Son, shall be Governor of the said Town, with
the like Power, in his Stead; and, in case of his
Death, that then Captain Leger, his Lieutenant Colonel, shall have the Charge and Command of the
said Town, with the like Power; and, in case of
his Death, that then the next Chief Officer shall have
the Command and Charge of the said Place, with
the like Power, till the Parliament shall take further
Then the House was adjourned, and the Lords went
to the Conference; which being ended, the House was
Conference about the Declaration against raising the Trained Bands in Yorkshire reported.
The Lord Keeper reported, "That the Effect of
this Conference was, to acquaint their Lordships with
a Declaration, which hath passed the House of Commons, wherein they desire their Lordships Concurrence."
Then the said Declaration was read, as followeth:
"The Lords and Commons in this present Parliament assembled, being informed that, upon the Three
and Twentieth of this Instant April, His Majesty repaired to the Town of Hull, and demanded that Town
to be delivered up to Him; and being denied by Sir
John Hotham, appointed by both Houses of Parliament to keep that Town for the Safety and Peace
of the Kingdom, His Majesty said, That, if Sir John
Hotham would not let Him into the Town, He would
raise the Trained Bands, and force him to deliver up
the Town: And being further informed, that, shortly
after, the Sheriff of the County of Yorke did receive
a Message, intimating a Command from His Majesty
to raise the Trained Bands and Power of that County;
and that the Justices of the Peace and Gentlemen
of that County have been summoned to attend His
Majesty at Yorke (as they have Cause to believe) for
the same Purpose, to the great Terror of His Majesty's Subjects in those Parts, and the Disturbance of
the Public Peace: The Lords and Commons do Declare, That the said Command to the Sheriff of the
County of Yorke, and the summoning of the Justices
of Peace and Gentlemen of that County, to the Purpose aforesaid, is against the Laws of this Land, and
the Liberty of the Subject, and very derogatory from
the Honour and Power of the Parliament now sitting, being His Majesty's Great Council, and most
ready and willing to advise and assist His Majesty in
all Things that may tend to the Honour and Safety
of His Person, and to the Weal and Happiness of
this Church and State: And they do further Declare,
That, if any Persons whatsoever, in the said County
of Yorke, or elsewhere, shall advise or assist the raising
of any Forces to the Purpose abovementioned, they
shall be taken as Disturbers of the common Peace,
and Enemies to His Majesty and this State, and shall
receive such severe Punishments as by the Laws of
this Kingdom are to be inflicted upon Offenders of
so high a Nature."
Ordered, That this House agrees with the House
of Commons in this Declaration, as it is now brought up.
E. of Holland to attend the House; and the Sheriff of Berks to prevent Riots &c. in Windsor Forest &c.
The Lords in Parliament have thought it sit to command the Earl of Holland's Attendance upon Monday
next, for the Affairs of His Majesty and the Kingdom, here in Parliament; and therefore they do, by this
Order, direct the Sheriff of Berks, and the Officers of
the Forest of Windsor, that (as Chief Justice, and Justice
in Eyre, and as Constable of Windsor) the said Earl had
appointed to attend him at Egham upon Monday next,
being the 2d Day of May, That they shall be careful to inform themselves of the Riots and Disorders
that have been of late in that Forest, it being a Blemish
to Government, and of a dangerous Consequence in the
Example of it, thus to violate and deface His Majesty's
Parks and Forests.
Mr. Carradine quieted in the Vicarage of Ackliff, against Mr. Leek.
Upon the humble Petition of the Parishioners of
Ackcliff, in the County Palatine of Durham; it is
Ordered, That Mr. Daniell Carradine shall not be disturbed, molested, or dispossessed of his lawful Possession,
of officiating in the Vicarage of Ackcliff aforesaid, by
George Leeke, Clerk, until the Difference between them
be heard and determined in this House, or in some other
legal Way of Proceeding; and lastly, that the said Mr.
Leeke shall, forthwith after the serving of this Order
upon him, appear before the Lords in Parliament, to
shew Cause why he hath violently thrust out the said
Mr. Carradine out of his Possession of officiating in the
Vicarage of Ackcliff aforesaid.
L. Banning's Bill.
This Day the Bill concerning the Executors of the Lord
Viscount Banning, deceased, was reported from the Committee, as fit to pass, with some Amendments; which
being read, were approved, and the Bill Ordered to
be ingrossed, according to the Amendments.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 2m diem Maii, 1642, hora 9a Aurora, Dominis sic