House of Lords Journal Volume 5
3 October 1642

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1767-1830

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'House of Lords Journal Volume 5: 3 October 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 380-385. URL: http://www.british-history.ac.uk/report.aspx?compid=34915 Date accessed: 24 July 2014.


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Contents

DIE Lunæ, videlicet, 3 die Octobris.
Lord General's Letter to the E. of Dorset, about presenting a Petition from both Houses to the King. E. of Dorset's Answer. Shresbury, 28 Sept. 1642. Lord General's Letter to the Committee of Safety, about this Answer. Worcester, the 29th September, 1642. Message to the H. C. for a Conference about these Letters. Answer. Message from the H. C. for Concurrence in the Order for 1000 Dragoons to Lancashire, &c. Answer. Essex Instructions. Message to the H. C. that the Lords agree to them. Le Grand's Cause. Fludd and Turner to have Passes. Lord Loftus versus Sir George Wentworth. Nicholls's Warren, near Farnham, secured to him. Morris the Prince's Servant's Privilege. Delinquents sent for, for arresting him. Message from the H. C. for Concurrencein the following Order, &c. Answer. Message from the H. C. for a further Conference. Answer. Order for Ammunition to be sent to Ireland. Order to the Sheriffs of London and Middlesex, to send a Guard for the Parliament. Badnege to be Captain in L. Kerry's Regiment. Message to the H. C. about the King's Speech and Protestation to His Army. Message from them, to sit P. M. Answer. Lord Loftus's Petition against Sir George Wentworth. Affidavit of John Loftus about it. Order for Security for the Money advanced for raising 1000 Dragoons for Lancashire. L. Chief Justice's Certificate concerning Le Grand, &c. 3 Octobris, 1642. Instructions for the Committees and Deputy Lieutenants in Essex. Post meridiem. Report of the Conference upon the E. of Dorset's Letter to the E. of Essex, and about delivering a Petition to the King from both Houses. Adjourn. Footnotes

DIE Lunæ, videlicet, 3 die Octobris.

PRAYERS.

The Lord Grey was appointed Speaker this Day.

Some Letters, written by the Lord General, were read.

Lord General's Letter to the E. of Dorset, about presenting a Petition from both Houses to the King.

"My Lord,

"I am commanded, by the Parliament, to present their humble Desires, in a Petition to His Majesty, which I desire your Lordship to acquaint Him with, that I may know His Majesty's Pleasure, in what Manner He will have it presented to Him; and that there be a safe Convoy for such Persons as I shall send to His Majesty with it. I held it fit to put this Trouble upon your Lordship, knowing your Nearness to the King, and believing your Willingness to do a Courtesy to

"Your.

"This is a Copy of a Letter written to the Earl of Dorsett.

"The Answer:

E. of Dorset's Answer.

"My Lord,

"The King's late Arrival here the last Night is the Cause I could no sooner return this Gentleman. According to (fn. *) your Lordship's Desire, I have acquainted His Majesty with the Petition you have Order to present Him from the Parliament. He hath Commanded me to let your Lordship know, that the Petitions of the Houses shall never find His Ear shut against them; and that those whom you shall appoint to bring it (so they be none of those He hath by Name accused of Treason) they shall go and come very safely, so as they come hither by Day, and send a Trumpet before, to acquaint the King with their Entrance. I rest,

Shresbury, 28 Sept. 1642.

"Your Lordship's very affectionate Friend, and humble Servant,

"Dorsett."

Next, the Letter of the Lord General, unto the Committee for the Safety, was read, as followeth:

Lord General's Letter to the Committee of Safety, about this Answer.

"My Lords and Gentlemen,

"Having received from both Houses of Parliament a Petition to His Majesty, I did send a Letter to the Earl of Dorsett, the 26th of this Month, by Mr. Flettwood, unto which I received Answer the last Night; and because the Answer concerns much the Parliament, I held it fit to send you Copies of both, by whom I desire it may be presented to both Houses. Your Lordships will quickly see the Difficulties arising from this Answer, not only in the Ambiguity of the Phrase ["He hath by Name accused of Treason"], which both Houses have declared themselves to be (fn. †) already, by His Majesty's Proclamations and Declarations set forth before my coming from the Parliament; but also in the Uncertainty of what other Proclamations have been since made, and whom therein have been Personally named; and chiefly in this, that, admitting this doubtful Phrase to be intended strictly, I cannot send such who have been already accused by Name, without exposing them to their uttermost Hazard; and to send others, who are not Personally accused, upon this Restriction, might allow that Exception, and thereby deeply wound the Parliament, who never admitted any such Distinction. This causeth me to suspend the sending of the Petition, and of making this Address unto the Committee; to whom I am,

"Your Lordship's Servant,

"Essex."

Worcester, the 29th September, 1642.

Ordered, That these Letters shall be communicated with the House of Commons, at a Conference.

Message to the H. C. for a Conference about these Letters.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

To desire a present Conference, touching some Letters received from the Lord General.

The Answer returned was:

Answer.

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

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

Message from the H. C. for Concurrence in the Order for 1000 Dragoons to Lancashire, &c.

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

To desire their Lordships Concurrence with the House of Commons, in an Order concerning sending One Thousand Dragoons out of London, to Lanchashire and other Places. (Here enter it.)

Ordered, That this House agrees with the House of Commons in this Order.

The Answer returned to the Messengers of the House of Commons was:

Answer.

That this House agrees with the House of Commons in this Order.

Essex Instructions.

The Instructions for the County of Essex were read, and agreed to.

A Message was sent to the House of Commons, by Doctor Aylett and Doctor Heath:

Message to the H. C. that the Lords agree to them.

To let them know, that this House agrees with them in the Instructions for the County of Essex.

The Lord Chief Justice made Report of the Business of Le Grand, referred unto him from this House.

(Here enter it.)

Le Grand's Cause.

Ordered, That the Goods of Le Grand shall be restored; and that Le Grand shall accept of a Declaration, before he be delivered out of Prison, that so there may be legal Proceedings at the Common Law.

Fludd and Turner to have Passes.

Ordered, That Mr. Alabaster Fludd, of Otham, in Kent, and Mr. Wm. Turner, of Tharpefeilde, in Hartfordshire, shall have a Pass, to travel.

Lord Loftus versus Sir George Wentworth.

Upon reading the Petition of Adam Viscount Loftus, and reading an Affidavit, that Sir George Wentworth refused to obey the Order of this House: It is Ordered, That the Lord Lieutenant of Ireland, when he comes into that Kingdom, shall take Care the Order of Parliament be performed by the said Sir George Wentworth; and, if he refuse, then to send the said Sir George Wentworth over into England, to answer the said Contempt before the Lords in Parliament.

Nicholls's Warren, near Farnham, secured to him.

Upon reading the Petition of Francis Nicholls, of Westm. Poulterer; shewing, "That he, about Twelve Months since, rented a Parcel of Ground in Surrey, of one Captain Coldham, near Farneham, upon which the Petitioner hath expended Eight Hundred Pounds, to make it a Warren; and now divers (fn. *) disorderly People do threaten the Destruction of the said Warren, which will be his utter Undoing: Therefore desires their Lordships to take his Case into Consideration, that some Course may he taken, to prevent the Premises." Hereupon the House Ordered, That an Order shall go to the Deputy Lieutenants, Sheriff, Justices of the Peace, and all other His Majesty's Officers and Ministers, to take Care that the said Warren be protected and secured from Violence and Destruction.

Morris the Prince's Servant's Privilege.

Delinquents sent for, for arresting him.

Upon reading the Petition of John Morris, Servant in Ordinary to the Prince his Highness; shewing, "That he was arrested in London, by John Osburne, and Nic. Woolley, Serjeants; and, upon shewing unto them a Certificate under the Hand of Humphry Dethicke, that he was Servant in Ordinary to the Prince, Winkfeild Molsworth, at whose Suit he was by them arrested, being then present, disdained the said Certificate; saying, That the Case was now altered; saying, That His Majesty's and the Prince's Servants had not now those Privileges they were wont to have, and caused the said Serjeants to hale the Petitioner to The Compter, saying he would bear them out; which the said Serjeants did, the said Winkfeild Molesworth assisting them, and your Petitioner was forced to procure Bail. His humble Prayer is, That he being employed in the Prince's Work and Service, that their Lordships would be pleased to call before them the said Winkfeild Molesworth, and the said Serjeants, to answer their Contempts; and to give Order, That there be no further Prosecution against him or his Bail." Hereupon this House Ordered, That the said Morris shall be forthwith discharged from the said Action, and the Bail released, and no further Prosecution against them; but that he shall enjoy the Benefit of the Privilege of Parliament, being the Prince's Servant in ordinary: And further it is Ordered, That Winkefeild Molesworth, John Osburne, and Nic. Wooley, Serjeants, shall be sent for, as Delinquents, to appear before this House, To-morrow Morning; and then this House will examine the Contempt, and the Words which were spoken.

Message from the H. C. for Concurrencein the following Order, &c.

A Message was brought from the House of Commons, by Mr. Rob't Goodwin, which consisted of these Particulars following:

1. To desire their Lordships to sit, if it may stand with their Lordships Conveniency.

Agreed to.

2. To desire Concurrence, to send over Six Hundred Barrels of Powder and Forty Tuns of Match to Munster, Lempster, and (fn. *) Ulster. (Here enter it.)

Agreed to.

3. To desire that their Lordships would approve that Sir Wm. Manby may be a Deputy Lieutenant for the County of Kent.

Agreed to.

4. To desire Concurrence in an Order concerning the Trained Bands of London and Midd. to guard the Parliament every Day.

Agreed to.

5. To desire Concurrence in an Order for appointing Captain Badnege to be Captain, in the room of Captain Watts, in the Lord Kerrie's Regiment.

Agreed to.

The Answer returned was:

Answer.

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

Message from the H. C. for a further Conference.

A Message was brought from the House of Commons, by Sir Rob't Harley:

To desire a present Free Conference, touching the Matter of the late Conference.

The Answer returned was:

Answer.

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

Order for Ammunition to be sent to Ireland.

"Ordered, by the Lords and Commons in Parliament assembled, That there shall be issued, out of the Store in London, Six Hundred Barrels of Gunpowder, and Forty Tuns of Match, to be presently sent to Bristoll, and from thence to be distributed and conveyed to the several Provinces of Lempster, Mounster, and Ulster, in such Proportions (fn. *) as the Committee of Adventurers shall direct: It is likewise Ordered, That the Two Thousand and Five Hundred Suits now in Readiness shall be likewise forthwith sent to Bristoll, to be distributed and conveyed into Ireland, to such Places, and in such Proportions, as the said Committee of the Adventurers shall direct; the said Powder, Match, and Suits of Cloaths, to be sent away with all possible Speed."

Order to the Sheriffs of London and Middlesex, to send a Guard for the Parliament.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Sheriffs of London and Middlesex be hereby required to send One Company of the Trained Bands of the City of London and Midd, to attend both Houses of Parliament every Day, under the Conduct and Command of Serjeant Major General Skippon; and so to continue till the said Houses shall take further Order therein; and hereof they may not fail."

Badnege to be Captain in L. Kerry's Regiment.

"Ordered, That the Lords and Commons now assembled in Parliament do approve and allow of Captain Thomas Badnege, nominated thereunto by the Lord Kerry, to be a Captain under the Lord Kirry, in the Place of Captain Paul Watts, who was formerly appointed a Captain of the said Regiment by the Lord Kerry, and approved of by both Houses, and is since employed in the Service of the Parliament, for keeping and preserving of the Town of Portsmouth, a Captain's Place in that Town being conferred upon him by the Committee for the Safety of the Kingdom."

Message to the H. C. about the King's Speech and Protestation to His Army.

A Message was sent to the House of Commons, by Dr. Aylett and Dr. Heath:

To desire that this House may hear from them, as soon as conveniently they may, concerning the Matter of the late Conference, touching the King's Speech and Protestation made in His Army.

Message from them, to sit P. M.

A Message was brought from the House of Commons, by Sir Robt. Harley, Knight:

To let their Lordships know, that, in regard of the important Affairs now in Hand, the House of Commons are resolved to sit this Afternoon, at Four of the Clock; and they desire their Lordships to sit likewise.

The Answer returned was:

Answer.

That this House will sit this Afternoon, at Four of the Clock.

Lord Loftus's Petition against Sir George Wentworth.

"To the Right Honourable the Lords in the High Court of Parliament assembled.

"The humble Petition of Adam Viscount Lostus, of Ely, in the Kingdom of Ireland;

"Humbly shewing,

"That your Petitioner, in July last, sent over into Ireland a Messenger, with your Lordships Order of the 3d of May, 1642, to receive from Sir George Wentworth all such Monies as the said Sir George had received of your Petitioner, according as in and by Your Lordships said Order of the 3d of May the said Sir George is required to pay; who, after a long Time of Attendance upon him, put off your Petitioner's Servant, and denied to perform your Lordships Order (as your Petitioner humbly conceiveth), as by the annexed Affidavit doth appear.

"Your Petitioner therefore humbly prayeth your Lordships to take the same into your Consideration, and to lay down such further Order therein, for your Petitioner's Relief against the said Sir George Wentworth, as in your Wisdoms shall be thought sit.

"And he shall pray.

"Ad. Loftus."

Affidavit of John Loftus about it.

"John Loftus maketh Faith, That, on or about the 9th of August last, he served Sir George Wentworth, Knight, at his Chamber in Dublin, with an Order from the Lords in Parliament, of the 3d of May, 1642; and, having given a Copy thereof unto him, required the Performance of so much as concerned the said Sir George; but the said Sir George desired Time to consider thereon; and the Deponent attended him several Times for his Answer, who at Length gave the Deponent this Answer, That he knew no Authority the Deponent had to demand Money of him. The Deponent, replying, said, The Order of the Lords in Parliament was sufficient Authority. Then the said Sir George Wentworth said, That the Order of the Lords in Parliament was no sufficient Warrant for him to pay Money upon.

"Jur. 20 Septembris, 1642.

"Ro. Riche."

Order for Security for the Money advanced for raising 1000 Dragoons for Lancashire.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That such Persons as will advance Horses and Arms, towards the furnishing of the Thousand Dragooners mentioned (fn. *) in an Order of both Houses of Parliament made the 29th of September last, shall have the Public Faith for their Security for the Prices thereof, with such other Recompence as the Subscribers of the Sixteen Thousand Pounds mentioned in the same Order are to have; and that Mr. Maximilian Bard, and others already appointed for buying Horses for the said Thousand Dragooners, or any Three of them, shall be Persons appointed for the valuing and pricing of the said Horses and Arms so to be advanced; and the Horses are to be brought to Moorefeilds, there to be viewed and priced."

"May it please your Lordships,

L. Chief Justice's Certificate concerning Le Grand, &c.

"According to your Lordships Order of the 30th of September last, I have taken Consideration of the Petition of Richard Le Grand; and concerning the First Part thereof, for the Four Thousand French Livres supposed thereby to have been delivered by the Petitioner to Desormaux in France, to buy Holland Cloth, upon Accompt, to the Petitioner's Use, there hath been no Proof at all made or offered by Le Grand, of that Part of the Petition. But concerning the Thirty-eight Pieces and an Half of Baptist Cloth, I find the Case to be thus: Le Grand, about December, 1641, was arrested, upon an Action of Five Hundred Pounds, at the Suit of Desormaux, for a Debt supposed to be due by Le Grand to Desormaux, in France. Le Grand, to free his Body, did deliver the Thirty-eight Pieces of Cloth into the Hands of John Beaverly. These Goods, in January, 1641, were attached, for the same pretended Debt; and Le Grand, to save his Goods, did then yield his Body to Prison, where he hath remained ever since, and still is. Le Grand doth demand his Goods, which are denied unto him, for that, as it is affirmed, on Desormaux's Part, the Goods were delivered towards the Payment of the said Debt, if the said Debt should be proved. Le Grand faith, That the Goods were delivered for Want of Bail only, and in Lieu thereof; and therefore, having now yielded his Body, he doth demand the Goods. And whether Le Grand ought to have the Goods again, before it doth appear whether the Debt claimed by Desormaux be true or no, is the only Question between them. Le Grand hath an Action depending in the King's Bench for the Goods. Desormaux did exhibit a Bill, in Hillary Term last, in Chancery, to keep the Goods, upon the supposed Agreement; but Desormaux hath never gone about to prove his Debt, nor proceeded to Trial, nor so far as to declare, being now Nine Months or more since Le Grand first yielded his Body to Prison; but he doth now offer to discharge the Body, and to rest upon the Goods, which would do Le Grand no Good, by reason that other Men have laid several Actions upon him, since his Imprisonment. All which I humbly leave to your Lordships Judgement and Consideration.

3 Octobris, 1642.

"Jo. Bramston."

"Instructions agreed upon by the Lords and Commons assembled in Parliament, for Sir Thomas Barrington, Sir William Masham, Sir Martin Lumley, Sir Henry Mildmay, of Wansteed, Sir Thomas Cheeke, and Harbottle Grimston, Esquire, Members of the House of Commons, and Deputy Lieutenants for the County of Essex, and Committees to be sent into the same County; and for Sir William Hix, Sir Richard Everard, Sir Thomas Honnywood, Sir Henry Holecroft, Sir Wm. Rowe, Sir Wm. Martin, Sir John Barrington, Timothy Middleton, and John Sayer, Esquires, the rest of the Deputy Lieutenants of the said County, for Preservation of the Peace of the said County.

Instructions for the Committees and Deputy Lieutenants in Essex.

"Whereas it doth appear to the Lords and Commons now assembled in Parliament, That the King, seduced by wicked Counsel, hath raised War against His Parliament and other His good Subjects, and hath drawn together great Troops of Papists and ill-affected Persons, and sent out Commissions for the levying of others, to the great Hazard of Religion and the Public Peace of the Kingdom:

"You shall take special Care, therefore, that the Ordinance concerning the Militia be from Time to Time put in Execution through the said County of Essex, as you shall see Cause: and, for that Purpose, you, or any Two or more of you, shall have Power and Authority to arm, train, and put in Readiness, all and every the Inhabitants of that County fit for the Wars, as well of the Trained Bands as other. Voluntiers, both Horse and Foot; and them, under the Command of such Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers, as the Lieutenant of the said County, or you, or any Three or more of you, shall, in his Absence, nominate and appoint, to lead and conduct, as well against all Foreign Forces that shall in Hostile Manner invade the said County, as for resisting and opposing of all other Forces, which shall be, either within the said County or elsewhere, raised to the Disturbance of the Peace of that County; and the Sheriff and all other Officers of the said County are hereby enjoined to assist you, and every of you, therein; and, if any Person whatsoever shall levy, or endeavour to levy, or billet, any Soldiers, or to raise, draw, or keep together the Trained Bands, or other armed Forces, of the said County, or any other Forces, by Colour or Pretence of any Commission or Warrant from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament, you are to make known to the Trained Bands, and other Inhabitants of the said County, that those who shall appear upon any such Warrant, or obey any such Commission, shall be held Disturbers of, and Enemies to, the Public Peace; and those who shall not appear upon any such Warrant or Commission, nor do any Thing in Execution thereof, shall be protected by both Houses of Parliament; and you, or any One or more of you, shall, in the Name, and by the Authority, of both Houses of Parliament, require and command all Persons to forbear the Execution of such Commission or Warrant, and to cause the same to be delivered up to you, or any of you, to be sent to the Speaker of the House of Commons; and you, or any Two or more of you, are hereby required to draw together such of the Trained Bands, and other Forces of the said County, as shall be expedient, for the suppressing of all such Assemblies, and for apprehending of all or any Person or Persons as shall, after Admonition and Command by you, or any of you, made unto them, to forbear the Execution of any such Commission or Warrant, or the calling or gathering or keeping together of any such Forces or Assemblies, still persist in doing the same; and likewise such as shall bear Arms by colour of any Warrant or Commission from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament; and also such disaffected Persons as shall be found raising any Parties or Factions against the Parliament; to be sent up hither, to answer such their Offences, as to Law and Justice shall appertain.

"1. You, or any One or more of you, shall stay, search, and examine, or cause to be stayed, searched, and examined, all suspicious Persons and Carriages, and to search, or cause to be searched, all suspicious Places, and to seize upon all Horses, Arms, Ammunition, Money, Plate, or other Provisions whatsoever, which you, or any One of you, shall have just Cause to suspect, is or are raised or provided, for the fomenting or maintaining any such unnatural and unlawful War against the Parliament and the Kingdom.

"2. You, or any Two or more of you, shall observe and execute the Ordinance of both Houses of Parliament of the Eighth of August last, for the Suppression of the Rebellion and Commotion raised by the Marquis of Hartford, in the County of Som'sett, and other Western Counties, and by the Earl of North'ton and others, in the County of Leicester, North'ton, Warwick, and other adjoining Parts, and of any other Rebellion or Commotion raised, or that shall be raised, by any other Person or Persons, within the said County of Essex.

"3. You, or any Two or more of you, shall conduct and lead all such Forces of Horse and Foot as shall be appointed by the Lord General the Earl of Essex, or by the Order of both Houses, or by Order of the Committee of both Houses for the Defence of the Kingdom, for the Service of the Parliament and Kingdom; and shall fight with, kill, and flay, all such as shall by Force oppose you, or any of you, in the Execution of that Ordinance, and all other their Assistants, Aiders, and Abettors; and you, or Two of you, shall levy such other Forces of Horse and Foot as his Excellency shall by his Commission give Power to levy, under such Colonels, Commanders, and other Officers, as shall be by him appointed or directed; and you shall pursue the said Traitors and Rebels, and their Adherents, in the said County, or in any other Places or Counties of the Kingdom into which they shall retire themselves; all which Forces, so to be raised, shall have the same Pay as the rest of the Army is to have; and you shall defend and protect His Majesty's Subjects from Violence and Oppression, by the illegal Commission (fn. *) of Array, or otherwise; and you shall hinder and forbid the Execution of that illegal Commission, and, in all Places, to the uttermost of your Power, endeavour to preserve and restore the Peace of the Kingdom.

"4. You, or any One of you, shall take from the said Rebels and Traitors all such Arms, Ordnance, and Ammunition, as they have taken from His Majesty's Subjects, and restore the same to the Owners.

"5. You, or any One or more of you, shall take Care that such Resolutions and Orders of both Houses as have been, or shall be, delivered or sent down unto you, or any of you, be put in Execution; and shall require the Sheriffs and Justices of the Peace, and all other His Majesty's Officers and Subjects of the said County, to be aiding and assisting unto you, or every of you, for that Purpose.

"6. You shall likewise declare unto all Men, That it hath ever been, and still shall be, the Care and Endeavours of the Parliament, to provide for His Majesty's Safety; and that they do not, nor never did, know of any Evil intended towards His Majesty's Person, which might move Him to require any extraordinary Guard; that His greatest Safety is in the Affections and Fidelity of His Subjects, and in the Advice and Counsel of His Parliament; and His greatest Danger in withdrawing Himself from His Parliament, and joining Himself to such disaffected and malignant Persons, obnoxious to Justice for their great Enormities, who, under Colour of doing Him Service, have raised Forces, which they labour to increase, to the Hazard of raging Rebellion and the whole Kingdom.

"7. And you, or any One or more of you, shall, in the Name of the Lords and Commons, require the Sheriffs of the said County, to publish throughout the same the Declarations commanded to be published by both Houses of Parliament; and you, and every of you, shall endeavour to clear the Proceedings of Parliament from Imputations and Aspersions, and shall from Time to Time certify us of all Things which you conceive necessary for the present Service: And that we may have a speedy Account of it, and that our Directions to you, as well as your Advertisements to us, may have clear and speedy Passage, you, and every of you, shall lay a strict Charge upon all Postmasters and Messengers, that they do not suffer any Letters, or other Dispatches, to or from the Parliament, to be intercepted or stayed; and, if any shall presume to make Stay of any such Dispatches, you, and every of you, shall direct the Post-masters and Messengers to repair to the Justices of the Peace, Constables, and other Officers, for their Aid and Assistance, who are hereby required to take special Care that there be no such Interruption.

"8. You, or any Two or more of you, are hereby authorized and required, forthwith to disarm all Popish Recusants, and other dangerous and ill-affected Persons, as well Clergymen as others, as have testified, or shall testify, their ill Dispositions to the Peace of the Kingdom and Proceedings of Parliament; and all such Arms, and all other Arms formerly taken from Popish Recusants, shall be employed by you for the Defence of the said County.

"9. You, or any One or more of you, shall take Care that none of the Recusants Arms, or other Ammunition of the said County, shall be taken or carried out of the same, upon any Pretence or Command whatsoever, without Warrant from both Houses of Parliament; and you, or any One or more of you, shall give Order and Directions to the Sheriffs of the said County, Justices of the Peace, and other Officers, to require and command all Popish Recusants in the said County to confine themselves to their Dwelling-places, according to the Statute in that Case provided; and, if any such Recusant shall be found to transgress therein, you, or any One or more of you, shall cause the Justices of Peace forthwith to bind them to their good Behaviour, and, upon Refusal or Neglect to give Security accordingly, to commit them to Prison, and further proceed against them according to Law.

"10. You, or any One or more of you, 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 said County, to deliver the same to you, or any Two of you, to be disposed of and employed for the Defence of the County; and, in Case of Refusal, you are hereby authorized to seize, take, and carry away, and dispose of the same, for the Purpose aforesaid.

"11. And you, or any Two or more of you, are likewise to give Charge, from both Houses of Parliament, to all Colonels, Captains, Lieutenants, and all other Officers for the Militia, that they shall be observant to such Directions as they shall from Time to Time receive from the Lord Lieutenant of the said County, or his Deputy, or any of them, for the due Performance of any the Commands of the said Houses.

"12. You, or any One or more of you, shall resist and repel, and are hereby authorized to resist and repel, by the Power of the said County, and by all other Ways and Means, all such Force and Violence as shall be raised or brought, by any Person or Persons, to the Hindrance or Disturbance of this present Service, or for the arresting or seizing of the Persons of you, or any others which shall be employed in Performance of the Ordinance, Instructions, and Commands of both Houses of Parliament, for any Thing done in Execution thereof; and the Sheriffs and Justices of Peace of the said County, and all other Officers and Subjects, are hereby required to be aiding and assisting to you, and every of you, for the better and more speedy Execution of the Premises.

"13. You, or any Two or more of you, shall hereby, with the Consent of Two of the Members of the House of Commons aforenamed, have Power and Authority to fortify any Part or Place of the said County, in such Manner and Sort as you, or any Two or more of you, with the Consent of Two of the Members of the House of Commons as aforesaid, shall think fit, for the Safety of the said County; and, for the more Security of the same, shall set such several Guards and Forces, in all Places and Towns of the said County, as you, or any Two or more of you, with the Consent of any Two of the said Members of the House of Commons, shall think fit and requisite; and to cause the Beacons within the said County to be watched, guarded, and fired, as Occasion shall require.

"14. You, and every of you, shall take Care to put in Execution the Propositions and Orders made by the Lords and Commons now assembled in Parliament, for bringing in Money or Plate, to maintain Horse and Arms, for the Preservation of the Public Peace, and for the Deffence of the King and both Houses of Parliament; as also other Instructions and Additions for Deputy Lieutenants who are Members of the House of Commons, and other Deputy Lieutenants of several Counties, concerning the last Propositions, according to a Declaration of the Lords and Commons made thereupon.

"15. You, or any Three or more of you, shall or may call together the Inhabitants of the County, at such Times and Places as you shall think fit, and propound to them what Horse, Men, and Arms, they will find and maintain, or Money they will contribute, for the Defence of the said County; which Forces, and all other Forces that shall be raised in that County by the Authority of the Lords and Commons in Parliament, and their Officers, you, or any Two or more of you, shall lead, conduct, and employ, for the Defence of the said County; and you, or any Two or more of you, shall have Power to appoint Treasurers, to receive the said Monies so raised as aforesaid, who are hereby required to issue forth the same, as they shall receive Order, or Warrant, from you, or any Two of you, under Hands, for the providing of Arms and Ammunition for the Defence and Security of the said County, as also for the paying of such Officers and Soldiers as shall be levied and employed for the Purpose aforesaid, and of all other Necessaries for the Defence of the said County.

"16. You, or any Three or more of you, shall or may, in the Absence of the Lieutenant of the said County, make and appoint such Captains, and other Officers, as shall be requisite for the Service and Defence of that County, and to remove them out of their Places, and to make others from Time to Time, as you shall think fit for that Purpose.

"17. You or any Two or more of you, shall or may require strong Watches and Wards to be set, by the Constables, or such other Persons as you shall think meet, in all convenient Places in that County, for the Peace and Safety thereof.

"18. You, or the greater Part of you, whereof Two to be Members of the House of Commons, may join in Association with the adjacent Counties, for the mutual Defence each of other's County.

"19. You, or any One or more of you, shall or may apprehend all such Persons as shall oppose you, or refuse to obey you, in the Premises; and to send him or them, in safe Custody, up to the Parliament, or the Committee of Parliament for the Defence of the Kingdom, to be proceeded with according to Justice.

"20. You, and every of you, shall observe and execute all such further Directions and Instructions as you shall from Time to Time receive from both Houses of Parliament, as likewise from the Committee of Lords and Commons appointed to take Care for the Safety of the Kingdom; and whatsoever you shall do therein, or any other Persons in Aid and Assistance of you, it shall be accepted as good and acceptable Service to the Kingdom; and, for their and your so doing, they and you shall be defended and protected, by the Authority of Parliament; and (fn. *) this Resolution of the Lords and Commons, to protect those that shall obey and further their Commands, you shall publish and declare upon all Occasions, for the better Encouragement of the Subjects of this Kingdom in that Behalf."

Post meridiem.

PRAYERS.

The Lord Grey of Warke was appointed to be Speaker this Afternoon.

Dr. Aylett and Dr. Heath returned this Answer:

That they have delivered their Message to the House of Commons, as they were appointed this Morning.

Report of the Conference upon the E. of Dorset's Letter to the E. of Essex, and about delivering a Petition to the King from both Houses.

The Speaker reported the Effect of the Conference with the House of Commons this Morning; which was, "To acquaint this House with certain Votes made by the House of Commons, upon the Answer of the Earl of Dorsett, sent to the Earl of Essex Lord General of the Army, from the King, concerning the Delivery of the Petition."

The Votes were read, as followeth:

"Resolved, upon the Question,

"1. That it doth not stand with the Honour and Privilege of Parliament, that a Petition from both Houses should be delivered to His Majesty with any such Restraint or Exceptions mentioned in the Earl of Dorsett's Letter.

"Resolved, &c.

"2. That the Lord General shall signify unto His Majesty, by such Means as he shall think fit, the Resolutions of both Houses, concerning the Delivery of the Petition.

"Resolved, &c.

"3. That the Lord General shall be desired to proceed, according to his former Instructions, in such Manner as in his own Judgement he shall think fittest, and most advantageous for the Service.

"Resolved, &c.

"4. That it shall be referred to the Committee for the Safety of the Kingdom, to send these Resolutions to the Lord General, and to return his Lordship Thanks, from both Houses, for his great Care and Pains taken in this Service, and all other Services of the Commonwealth."

Ordered, That these Votes shall be taken into Consideration To-morrow Morning.

Adjourn.

Adjourn till 10 a Clock To-morrow Morning.

Footnotes

* Origin. his.
Origin. ready.
* Orderly.
* Origin. Uster.
* Origin. at.
* Deest in Originali.
* Origin. or.
* Deest in Originali.