House of Lords Journal Volume 9
10 July 1647

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1767-1830

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'House of Lords Journal Volume 9: 10 July 1647', Journal of the House of Lords: volume 9: 1646 (1767-1830), pp. 325-327. URL: http://www.british-history.ac.uk/report.aspx?compid=37081 Date accessed: 30 September 2014.


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DIE Saturni, 10 die Julii.

PRAYERS, by Mr. Corbett.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Comes Pembrooke.
Comes Mulgrave.
Comes Kent.
Comes Midd.
Comes Stamford.
Ds. Grey.
Ds. North.
Ds. Dacres.
Ds. Willoughby.
Ds. Hunsdon.

Message from the H. C. with an Ordinance.

A Message was brought from the House of Commons, by Alderman Atkins, &c.

To desire Concurrence in an Ordinance to give Power to the Militia of London to make Searches, and raise Six Hundred Horse. (Here enter it.)

Read Twice, and Agreed to.

The Answer returned was:

Answer.

That this House agrees to this Ordinance now brought up.

Letter from the King to the D. of York.

A Letter from the King to the Duke of Yorke, was presented to this House; with a Desire from the Duke of Yorke that he might go to see his Father.

The said Letter was read. (Here enter it.)

King's Children Leave to see Him.

Ordered, That this House thinks it fit; that the Duke of Yorke, the Duke of Gloucester, and the Princess Eliz. do go to see the King, and to stay with Him Two Nights; and that the Earl of Northumb. be appointed to go with them: As for the Place, providing of Monies, and all Accommodations relating to this Business, that it be referred to the Committee for the Revenue; and the Concurrence of the House of Commons to be desired herein.

(fn. *) Recalled, and ordered to be further considered of on Monday Morning next.

Ordered, That the Marquis of Winton hath hereby Leave granted him to go abroad some Days of the Weeks, upon Security to be given unto the Lieutenant of The Tower for his Return every Night unto the Place of his Restraint; and it is left to the Lieutenant of The Tower, to take such Security as he thinks to be sufficient.

Answer from the H. C.

Dr. Heath and Mr. Hakewill return with this Answer from the House of Commons:

That they agree to the Business concerning the Isle of Lundy, Mr. Walter Mountague, and the Bailiff of Guernsey.

De Beavoir to be Bailiff of Guernsey.

"Ordered, by the Lords and Commons assembled in Parliament, That Peter De Beauvoir De Granges Esquire be Bailiff of the Island of Guernsey, during the Pleasure of both Houses; where he hath executed the said Place for Two Years last past, in the Service of the Parliament."

Message to the H. C. for the King's Children to have Leave to see Him;

A Message was sent to the House of Commons, by Doctor Heath and Mr. Hakewill:

1. To deliver to them the King's Letter to the Duke of Yorke; and desire their Concurrence, for the Duke of Yorke, the Duke of Gloucester, and the Princess Eliz. to go to see the King, for Two Nights; and that the Earl of Northumb. be appointed to attend them; and that it be referred to the Committee for the Revenue, to consider of the Place, to provide Money, and other Accommodations for the Business.

and with Petitions.

2. To recommend unto them the Petition of the poor Protestant Widows of Ireland, for some Relief.

3. To recommend to them the Petition of Colonel Manwaringe.

4. To recommend to them the Petition of the Adventurers of the Isle of Providence.

Message from the H. C. with an Order for the Circuits.

A Message was brought from the House of Commons, by Myles Corbett Esquire:

To desire their Lordships Concurrence in an Order for the appointing Judges and others to go the next Circuit. (Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House agrees to the Order now brought up.

Message from the L. Mayor, &c. with Papers from the Army.

This Day Alderman Gibbs and divers others represented to this House, from the Lord Mayor and Aldermen of the Common Council of London, some Letters and Papers which they have received from Sir Tho. Fairfax; and their Desire is, "Their Lordships would please to take the First, Second, and Part of the Fourth Article, into Consideration."

The Messengers withdrew; and the House Ordered, That this Answer shall be returned them:

Answer to them.

"The Lords return you Thanks for the Respects that you shew to this House, in communicating to them the Letters that you receive from the Army: They likewise give you Thanks for the great Care and constant good Affections and Endeavours that you use for the settling of the Peace of this Kingdom; and that their Lordships will speedily take these particular Articles mentioned by you into their Consideration."

Order to clear Bushell & al. of Delinquency, on delivering the Isle of Lundy to L. Say & Seale.

"Ordered, by the Lords and Commons assembled in Parliament, That, upon Delivery-up of the Isle of Lundy to the Lord Viscount Say & Seale, or his Assigns, by Mr. Tho. Bushell, the Delinquency of the said Mr. Thomas Bushell be taken off, and all Sequestration in respect thereof discharged, and he restored to such Right as he or his Assigns had in the Mines in Devonsheir, Wales, or Cornwall, before these Troubles; and that the Men that were with him in the Island, being not Men of Estate or Quality, be pardoned, and freed from Delinquency and Sequestration."

"An Ordinance to enable the Committee of the Militia of London to make Searches, and to raise Six Hundred Horse.

Ordinance for the Committee of the London Militia to search for Papists, &c. and to raise Horse.

"The Lords and Commons in Parliament assembled do Declare and Ordain, That the Committee of the Militia of London shall have Power, and are hereby authorized and required, by themselves or such as they or any Nine or more of them shall appoint, to search all Houses and Places, within the Lines of Communication and Parishes mentioned in the Weekly Bills of Mortality, and Hamlets of The Tower, where the said Committee, or any Nine or more of them, shall have Cause to suspect, for all Popish Recusants, or other Persons who have or shall discover their ill Affection to the Parliament, by any Act or Offence for which they ought to be sequestered by any Ordinance of Parliament, and for such Person or Persons as by any Act or Ordinance of Parliament be de clared, ordained, or commanded, to depart, or not come into, or be removed out of, the City of London, and Liberties thereof, or out of the Line of Communication, or Parishes within the Weekly Bills of Mortality, and Hamlets of The Tower; and likewise to seatch for Arms, Ammunition, and Materials for War, in the Custody of, or belonging to, such Persons, and to seize and take away the same; and also to commit to safe Custody all such Persons as abovesaid, other than such as by both Houses of Parliament, or by Authority from the said Houses, are enabled, declared, or have Licence, to abide or come into the said City and Places, or to expel all and every such Persons (other than as abovesaid) out of the Line of Communication, and Limits aforesaid, as they shall see Cause; and, in cafe of Resistance, to command any Constable or Constables, or others in their Aid, to break open any House or Place within the said Limits, where any Resistance shall be made: And it is hereby further Declared and Ordained, and the said Lords and Commons in Parliament assembled do Declare and Ordain, for the better Suppression of all Tumults and unlawful Assemblies, within the Cities of London and Westm'r, and Parts adjacent, and for the Defence and Safety of the Parliament and City, and Parts adjacent, That the Militia, of the City of London, or any Nine or more of them, shall and may, and are hereby enabled, authorized, and required, to continue, raise, or levy, or cause to be continued, raised, or levied, from Time to Time, One Regiment of Horse, with Riders and Furniture fitting, not exceeding Six Hundred Horse with Officers: And for the better continuing, raising, and levying, the said Six Hundred Horse, it is further Ordained, and be it by Authority of Parliament Ordained, That the said Committee of the Militia of London, or any Nine or more of them, shall hereby have full Power and Authority, from Time to Time, to charge such Inhabitants who are constantly dwelling within the Lines of Communication, and Parishes mentioned in the Weekly Bills of Mortality, and Hamlets of The Tower, or such Persons who have any Stocks going in Trade within the Limits aforesaid, and absent themselves, (as shall appear to them to be most able) to find and maintain Horses, with Riders and Furniture, at their proper Charge, for the Defence of the City and Parts adjacent (so as no Person shall be charged for the Raising and Maintaining of more than Two Horses), to be put under such Commanders and Officers as the said Committee shall think fit: And if any Person or Persons, who shall be charged to find Horses, Riders, and Furniture, as is aforesaid, (fn. *) shall refuse or neglect to provide the same within Three Days after Notice thereof given to them, or left in Writing at their Dwelling, shall forfeit and pay Twenty Pounds; and if they shall neglect or refuse to send forth their Horse, or Horses, with Riders provided and furnished as is aforesaid, when and as often as he or they shall be summoned thereunto by the said Committee, or such Commanders or Officers, as they shall appoint; in Default thereof, that then they shall forfeit and pay Ten Shillings upon every such Failing, or suffer Four Days Imprisonment, without Bail or Mainprize, to be inflicted upon every such Offender, in such Manner and Form, and by such Officers and Persons, as are appointed for the inflicting of Penalties upon the failing of the Foot Soldiers of the Trained Bands, expressed in an Ordinance of Parliament, dated the 2d Day of May, Anno Domini 1643; and the said Fines to be employed by the said Committee towards the Payment of the Commanders and Officers of the said Horse, and for such other Uses as the said Committee shall find necessary for the better carrying on the said Service: And be it hereby further Declared and Ordained, That, for the better executing of this present Ordinance, and such former Ordinances which are now in Force concerning the Militia of the City of London and the Places aforesaid, Power and Authority be hereby given to the said Committee to make One or more Sub-committee or Sub-committees, within the said Limits, as they shall think fit, for the executing of this and the said former Ordinances concerning the Militia; and all Constables, Headboroughs, and other inferior Officers within the said Limits, and all Commanders and Soldiers of the said Militia, are hereby required to obey and execute such Warrants and Orders as they from Time to Time shall receive from the said Committee, or Sub-committee, or Sub-committees, for and concerning the Execution of the same accordingly: And lastly, That no privileged Place or Person in 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 shall continue for Two Months and no longer."

Judges for the Circuits.

"Norff. Baron Trevor.
Justice Pheasant.
Essex, Justice Bacon.
Serjeant Cresseld.
Lincolne, Justice Roll.
Oxon, Baron Atkins.
Serjeant Clarke.
Hampsheire, Justice Godbolt.
Serjeant Wilde.
Yorks. Serjeant Jermin.
Serjeant Greene.

E. of Mulgrave, Privilege for his Manors of Mulgrave and Seaton, concerning Feefarm Rent due to the King.

Whereas this House is this Day informed, "That the Sheriffs for the County of Yorke, and others the King's Receivers for that County, are ready to levy Distresses upon the Manors of Moulgrave and Seaton, in the said County of Yorke, belonging to the Right Honourable the Earl of Moulgrave, a Peer of this Realm, under Pretence of Monies due to His Majesty for Fee Farm Rent, and for Want of Letters of Alienation; Part of which Monies are demanded for the Time when both the said Manors were altogether under the Power of the King during these Troubles:"

It is Ordered, by the Lords in Parliament assembled, That the said Sheriffs and Receivers shall forbear to levy the said Monies upon any of the Lands of the said Earl; it being the undoubted Privilege of the Peers of the Realm, that their Estates are to be freed from all Seizures during the Continuance of the Parliament: And herein Obedience is to be yielded, as the contrary will be answered to this House.

Brown, Cler Parl. Sir A. Littleton, & al. versus Morris, alias Poyntz, & al.

Ordered, by the Lords in Parliament assembled, That the Cause between John Browne Esquire, Clerk of the Parliaments, Sir Adam Littleton Baronet, and others, against John Morris, alias Poyntz, Mary his Wife, Isabell Smith, Leonard Darby, and John Harris, shall be further heard, at this Bar, by Counsel on both Sides, on Monday the Twelfth of this Instant, peremptorily, without further Delay; and that, if the Counsel assigned the said Morris and others shall fail then to appear, or that the said Parties have neglected, or shall neglect, to give them Instruction in this Cause, that then this House will, upon the said Twelfth Day of this Instant, proceed to a final End and Determination of the said Cause, as their Lordships in their Wisdom and Justice shall think fit; and lastly, that the Witnesses of the said Morris, alias Poyntz, are to take Notice hereof, and appear at the said Hearing accordingly, as they will answer the contrary to this House at their Perils.

Letter from the King to the Duke of York, desiring he will ask Leave of the Houses, for himself and his Brother and Sister, to see Him.

"Casam, 4 Julii, 1647.

"James,

"I am in Hope that you may be permitted, with your Brother and Sister, to come to some Place betwixt this and London where I may see you: To this End, therefore, I command you to ask Leave of the Two Houses to make a Journey (if it may be) for a Night or Two. But, rather than not see you, I will be content that ye come to some convenient Place to dine, and so back at Night. And foreseeing the Fear of your being brought within the Power of the Army, as I am, may be an Objection to hinder this My Desire, I have full Assurance from Sir Thomas Fairefax and the Chief Officers, that there will be no Interruption or Impediment made by them for your Return, how and when ye please. So God bless you.

"Your loving Father,

"Charles R.

"Send Me Word, as soon as you can, of the Time and Place where I shall have the Contentment of seeing you, your Brother and Sister."

Footnotes

* This Marginal Note is in the Original; but the Order is not crossed, it is entered again, p. 357.
* Origin. and shall.