DIE Veneris, 18 die Novembris.
Lord Grey of Warke, Speaker.
Vaughan and Casewell, Pursuivants, to submit to D. of Vendosme, for searching his House.
Upon the Petition of Richard Vaughan and Josias
Casewell, committed by this House for their uncivil and
insolent Carriage at this Bar, in regard (fn. *) they are employed in the present Service of the Parliament: It is
Ordered, That they shall go to the Duke of Vendosme,
and make their Submission unto him, for their uncivil
Behaviour towards him; and then they are to be released from the Restraint they lie under by Order of
Message from the H. C. for a Conference, about the Adjournment of the Term;
A Message was brought from the House of Commons, by Sir John Strickland, Knight; which consisted
of these Particulars:
1. To desire a present Conference, touching the Adjournment of the Term.
Agreed, To give a present Conference.
and for the Lords to concur in the following Orders.
2. To desire Concurrence in an Order for paying the
Contribution-money in Yorkeshire to Sir Jo. Hotham.
(Here enter it.)
3. An Order to authorize the County of Yorke to associate themselves with other Counties. (Here enter it.)
Order for paying Contribution-money in Yorkshire to Sir J. Hotham.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir John Hotham,
Governor of the Town of Hull, shall receive such
Monies as shall be raised upon the Propositions in the
County of Yorke, and detain them in his Hands until
he shall receive further Direction for the issuing and
disposing of them."
The Answer returned was:
Answer to the H. C.
That this House will give a present Conference, in
the Painted Chamber, as is desired; and that this House
agrees with the House of Commons in the Two Orders
now brought up.
This House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
And the Speaker reported the Effect of the Conference; which was:
A Messenger apprehended, with a Proclamation and Writs for adjourning the Term.
"That a Messenger being apprehended by the Lord
General, and finding about him a Proclamation and
Writs for the Adjournment of this Term, the said
Writs and Proclamation were sent to the House of
Commons; and they have opened the Proclamation
for the Adjournment of this Term this Day; which
the House of Commons conceive will be very destructive and prejudicial to the whole Kingdom, if it
should be adjourned; there being Three Days in the
Law; First, for Essoignes; the Second, for Returns;
and the Third for Appearance; and, if the Term
should be adjourned according to this Proclamation
and Writs, would be obstructive to the whole Proceedings of the Law, and many Evils will ensue; for,
"1. All former Proceedings at the last Assizes will
be lost, so as no Judgement can be given therein.
"2. No Original Writs nor Mean Process shall issue
out upon any Occasion, though it be to deliver any
out of Prison.
"3. If the Term should be adjourned, there being
an Army in the Field, and the King's Colours flying,
it would be accounted Tempus Belli, when all Laws
sleep, and are silent and dissolved; and then there
would be no Property, nor Violence counted an Injury.
"4. No Fines nor Recoveries can be taken, whereby Men may pass common Assurances for settling of
their Estates; besides, many other Evils will ensue, to
the Obstruction of the whole Laws.
"Therefore the House of Commons desires that their
Lordships would give Directions to the Judges to keep
this Term, and not to make Adjournment of it, neither by virtue of these Writs, nor any other Writs
whatsoever which they shall receive.
"The Writs were not opened, but the Proclamation
was read; the Effect whereof was:
Purport of the King's Proclamation for adjourning the Term.
"Whereas His Majesty did adjourn Part of this Term
of St. Michaell; by Writs from the First Return called
A Die Sancti Michaelis in tres Septimanas, until the
Return of In Octabis Sancti Martini; His Majesty,
considering the Continuance of the present Distractions of this Kingdom, doth Declare, That the Residue of the said Term, beginning from the said Return
of In Octabis Sancti Martini, be wholly adjourned,
and all Appearances, Causes, Matters, and Things,
which should have been, or been made or done, in
any of His Majesty's Courts at Westm. be adjourned
until Octabis Hillarii next following; and that Writs
of Adjournment shall be made by One Judge of each
Bench, giving them Power to adjourn the said Residue
of the said Term of St. Michaell; and the said Adjournment shall be made in the First Day of the said
In Octabis Sancti Michaelis, commonly called The Day
of the Essoignes.
"Given at Oatlands, 15th of Nov. 18th Year of
His Majesty's Reign."
Hereupon this House, taking the same into serious
Consideration, as a Thing of great Importance to the
Good of the whole Kingdom, agreed with the House of
Commons in the Matter of this Message; and made this
Judges to sit, and not to adjourn the Term.
"Ordered, by the Lords and Commons in Parliament assembled, That the Judges of King's Bench,
Court of Common Pleas, (fn. *) and the Barons of the
Exchequer, are hereby enjoined, that they do not,
neither by virtue of these Writs of Adjournment now
sent, nor any other Writs whatsoever which shall be
sent, adjourn this Term of St. Michaell; but that they
shall sit, and proceed to dispatch the public Justice of
this Kingdom, (fn. †) according as is usual, in their several
And this Order was read in the House; and the Judges
present commanded to take Notice thereof, and obey it.
Message to the H. C. to acquaint them with it.
A Message was sent to the House of Commons, by
Mr. Serjeant Whitfeild and Mr. Serjeant Glanvile:
To let the House of Commons know, That their
Lordships do agree with the House of Commons in the
Matter of the last Conference; and have made an Order, to enjoin the Judges not to adjourn this Term; and
to deliver a Copy of the said Order to the House of
Message from thence, for the Lords to concur in the following Orders.
A Message was brought from the House of Commons,
by Mr. Morley:
To desire their Lordships Concurrence in these Particulars following:
1. An Order for presenting the Declaration of both
Houses to the Scotts. (Here enter it.)
2. An Order concerning the County of Sussex.
(Here enter it.)
The Answer returned was:
That this House agrees with the House of Commons
in these, Two Orders now brought.
Mr. Pickering to present the Declaration of both Houses to the Scots.
"It is this Day Ordered, by the Lords and Commons, That Mr. Pickering be authorized and required
to deliver the Declaration concerning the Scotts coming in to the Assistance of this State to the Council
of State there, and otherwise to publish it as he shall
see Occasion; and that some Instructions be sent unto
him, to solicit the effecting of it.
"It is also Ordered, That the Delivery of the
same Declaration, to the Scotts Commissioners residing
here, be recommended unto Sir William Armyn."
Order concerning the County of Sussex to resist all Attempts there against the Parliament, and to apprehend Mr. Ford.
"It is this Day Ordered, by the Lords and Commons, That the Warrant dated the 14th Day of November, directed to the Town of Arundell, in the
County of Sussex, from Edward Ford, Esquire, enjoining the Country to come in upon it with their
Arms, is illegal, and ought not to be obeyed; and
that the Country ought not to come in upon it, but
to oppose him, and apprehend him, and send him up
to the Parliament as a Delinquent, for issuing out of
Warrants of this Nature.
"It is also Ordered, and Declared, That it is lawful for all such Persons as shall be attempted to be
disarmed by any Authority but by Order of both
Houses of Parliament, to gather and assemble together into One Body, to make Resistance; and (fn. *) if,
in such Resistance, they shall kill or slay any that shall
oppose them, that they shall be protected by the Authority of Parliament: And they do further Declare,
That, if there shall be any Attempt to put the Commission of Array in Execution, that it is lawful for
them to assemble together, and make the like Resistance.
"It is further Ordered, That Captain Ambrose
Trayton shall have Power to call in Two Hundred
Men, or more, if Occasion shall be, into the Town of
Lewes, Voluntiers, or others; and to command the
same, for the Defence of the said Town.
"It is further Ordered, That the Receivers of the
Proposition-monies and Plate raised in the Town of
Lewis shall detain in their Hands a Fifth Part of the
said Monies, to be employed for the Defence of the
Declaration for an Association for the Northern Counties, to join in subduing the Popish Party there.
"The Lords and Commons now in Parliament assembled, being certainly informed that the Papists
and other malignant and ill-affected Persons, Inhabitants in the Counties of Yorke, Northumberland, Westmerland, Cumberland, Lancashire, Cheshire, County
Palatine of Duresme, and Town and County of Newcastle, have entered into an Association, and have
raised, and daily do raise, great Forces both of Horse
and Foot, to oppress and distress the well-affected
Subjects, and to aid and succour the Popish and malignant Party in those Northern Parts, and in particular those now in the City of Yorke: The said Lords
and Commons do Declare, That they hold it a Thing
most fit, necessary, and healthful for the present
State of this Kingdom, and do accordingly Order,
That all Lord Lieutenants, Deputy Lieutenants, Colonels, Captains, and other Officers, and all other
well-affected Persons, Inhabitants in the several Counties of Yorke, Lincolne, Notts, Darby, Staffords, Chester,
Lancashire, Northumberland, Cumberland, Westm'land,
County Palatine of Duresme, and Town and County
of Newcastle, do and shall associate themselves, and
mutually aid, succour, and assist one another, by raising Forces of Horse and Foot, and leading them unto
Places which shall be most convenient and necessary,
and, by all other good Ways and Means whatsoever,
to suppress and subdue the Popish and malignant
Party in the said several Counties, and to preserve
the Peace of the Kingdom, according to the Orders
and Declarations of Parliament; and that the said
Inhabitants of the said several Counties, and every
of them, for so doing, shall be saved and kept harmless, by Power and Authority of Parliament: And
the said Lords and Commons, taking into their serious Consideration the Necessity of appointing a
Commander in Chief over the Forces which are or
shall be raised in the Counties aforesaid, or any of
them, for the Service aforesaid, in regard that,
by the particular Commissions already granted to
Persons in the said several Counties, there is not
Power given to lead Forces out of their Counties;
it is Ordered, That the Lord General, the Earl of
Essex his Excellency, shall be desired to grant such
Commission to the Lord Fairefax (in his Excellency's
Absence from the said Counties), for levying, leading, and conducting, all such Forces as are or shall
be raised, in the said several Counties, for the Service of the King and Parliament, as his said Excellency himself hath; and likewise Power to give the
same Orders and Instructions for regulating the Soldiery, which is or shall be, under his Command, as his
Excellency hath given to his Army, and to use Martial
Law to compel Obedience thereunto, as Occasion shall
require; and also Power and Authority to make and
appoint Colonels, Captains, and other Officers, for
levying, conducting, and leading the said Forces, as
he shall think fit."
Adjourn till 10 a cras.