DIE Jovis, videlicet, 17 die Augusti.
Earl of Denbigh was Speaker this Day.
The Messengers sent Yesterday to the House of Commons return with this Answer:
That they will send an Answer to the Alterations of
the Two Ordinances sent down to them.
E. of Bath will surrender himself to the House, on his return to England.
The Earl of Denbigh reported to this House, "That
the Earl of Bath this Day passed his Word, upon
his Honour, to render himself to this House, according to their Lordships Order, when he returns
into this Kingdom again."
Dr. Burges's Petition, for Tithes of Lord Capell's Estate in Watford, which is sequestered.
Upon reading the Petition of Dr. Cornelius Burges,
Vicar of Watford; shewing, "That there is (fn. *) due unto
him Thirty-six Pounds, Fourteen Shillings, and Eight
Pence, for Tithes, out of the Estate of the Lord Capell,
in the Parish of Watford; and, because of the Sequestration of the Lord Capell's Estate by the Parliament, he cannot receive the said Money:" Hereupon
this House Ordered, That it is referred to the Committee for Sequestrations, in the County of Hertford, to
pay to Dr. Burges what is justly due unto him out of
the Lord Capell's Estate, for his Tithe, &c.
Message from the H.C. for a Conference, on Two Ordinances.
A Message was brought from the House of Commons,
by Sir Rob't Pye, &c.
To desire a Conference touching the Two Ordinances,
with the Alterations sent down Yesterday.
The Answer returned was:
That their Lordships will give a present Conference,
in the Painted Chamber, as is desired.
Saunderson's Arrest, who was sent for, to attend the Committee of Sequestrations.
Upon reading the Certificate of Mr. Justice Reeves
and Mr. Justice Bacon, concerning the arresting of
Saunderson, when he was sent for by the Committee of
Sequestrations to attend them. (Here enter it.) It is
Ordered, To hear the particular Proofs on Saturday
next, whether he was under Restraint of the Committee
at the Time of his Arrest.
The House was adjourned during Pleasure, and the
Loords went to the Conference; which being ended;
the House was resumed.
Report of the Conference on the Ordinance for Sequestrations;
And the Speaker reported the Effect of the Conference: "That the House of Commons do agree with
their Lordships in all the Alterations in the Ordinance for Sequestrations, excepting to the Description of Papists, wherein they adhere to their own
Sense; and also they adhere to their former Resolution, and do not agree with their Lordships in referring the Accompts to the Committee for advancing
of Monies at Haberdashers Hall."
Ordered, That the Consideration of these Amendments be referred to the Committee of the whole House,
as formerly; and the Committee withdrew presently,
and took the same into Consideration.
and on the Ordinance for securing London.
"2dly, Touching the Alterations in the Ordinance
for the securing of the City of London, the House of
Commons agrees with their Lordships therein, with
the Exception of the House of Commons and their
Ordered, That this House agrees with the House of
Commons to this Declaration, with these Amendments.
(Here enter it.)
Message to the H. C. for a further Conference on them.
A Message was sent to the House of Commons, by
Sir Rob't Rich and Sir Edward Leech:
To desire a present Conference, concerning the Matter
of the late Conference.
The Speaker reported from the Committee, the Alterations which the Committees have made in the Ordinance for the Sequestrations.
The Alterations were read, and approved of.
And concerning the committing of the Accompts to
the Committee for Advance of Monies, the Committee is
of Opinion to adhere to their Lordships Alteration:
Which the House Agreed to.
Mayo and Wadsworth's Petition, for a Reward for apprehending Papists, &c.
Upon reading of the Petition of Mayo and Wadesworth,
Messengers; desiring "some Reward for their Pains in apprehending divers Priests and Jesuits, which have been
indicted at the Sessions in The Ould Bayly, London:"
It is Ordered, That this Petition be referred to Mr. Recorder of London, who is desired to certify this House the Truth of the Petition, whether so many Priests have
Message from the H. C. that they may communicate some Transactions between Sir Wm. Boswell and The States of Holland.
A Message was brought from the House of Commons,
by Mr. Whitacre:
To desire that, at the next Conference, the House of
Commons may communicate to their Lordships a Declaration, in Answer to some Exhibits, which Sir Wm. Boswell hath made to The States of Holland; and that the
Proceedings of Sir Wm. Boswell may be offered to their
The Answer returned was:
That their Lordships are willing the House of Commons should communicate the Proceedings of Sir Wm.
Boswell, and the Declaration thereupon, as is desired.
Ordered, That the Cause between Mrs. Vaneynden
and others shall be heard To-morrow Morning, peremptorily.
Col. Washbourn to attend, for stopping Lady Dalkeith's Goods.
The House being informed, "That the Goods of the
Lady Dalkeith are not permitted to pass, according
to the Order of this House, but stayed by Lieutenant Colonel Washbourne, though they have been
searched:" It is Ordered, That Lieutenant Colonel
Washborne shall attend this House To-morrow, to shew
Cause why he doth not permit the said Goods to Pass.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Ordered, That the Report of this Conference shall
be made To-morrow Morning.
Report concerning Smith, & al. versus Saunderson.
To the Right Honourable the Lords in Parliament assembled.
"According to your Lordships Order of the 27th
of July last, upon the Petition of Isabell Smith, Wife
of Thomas Smith Esquire, against Ralegh Sanderson,
whereby the Matter of Fact only as touching the
Arrest of the said Sanderson is referred unto us; we
find that the Fact touching the Breach pretended to
be made of the Privilege of this Honourable House,
by the said Arrest, standeth thus: The Estate of
Sanderson being sequestered by a Sub-committee,
upon Information to them that he was in actual War
against the Parliament; Sanderson's Brother denying
that Information to be true, the said Sub-committee
directed Sanderson's Brother to send for him, to clear
the same, which he did; and Sanderson thereupon
coming up to London, 9 Junii last, appeared before
the Committee of Lords and Commons (to whom that
Business was then transferred by the Sub-committee);
and on that Day, by some of the Grand-committee,
Sanderson was commanded to attend again on the 12th
of June; on which 12th Day of June, about Eight
of the Clock in the Forenoon, before the Hour of his
Attendance, he was arrested upon a Bond of Six
Thousand Pounds, by the Procurement of Rob't
Preston, and by the Direction of the said Thomas
Smith, at the Suit of Mountjoy and Northey, Trustees
of the said Mr. Smith in the said Bond; and after,
upon that Day, Arthur Collyns charged him, being
then in Custody, upon the said former Action, with
a Bill of Midd. at the Suit of Daniell Giles, for a
Debt of Ninety Pounds; and thereupon he remaining
in Custody, about Eight Days after the said Arrest
he was charged, by one George Plunkett, with another
Action of One Hundred Pounds, at the Suit of Mr.
William Ashby: Which we conceive to be in Substance
the Truth of the Fact touching the said pretended
Breach of Privilege; with this, that there hath been
no Proof offered before us that Mr. Sanderson ever
was in any such actual War, as was informed; but
Mr. Sanderson, by his Affidavit, hath expressly denied that he was so: Touching the Fact for the Contempt pretended in arresting Mr. Sanderson, contrary
to the Privilege, which he as aforesaid pretends, it is
pressed only against the said Robert Preston and Arthur
Collins, that they, knowing of the said Sequestration
made by the Sub-committee against Mr. Sanderson's
Estate, yet Preston did, as aforesaid, afterwards procure him to be arrested, upon the said Action of Six
Thousand Pounds, and Collins charged him with the
said Action of Ninety Pounds, as is aforesaid: There be
some Circumstances pretended on either Part, either
to press or defend both their Facts; but we have
stated the Fact so nigh the Truth, as we did apprehend it upon hearing both Parties; but, left we
might err in our Apprehensions of these Facts, in
some Part whereof there be some different Testimony,
we have also certified unto your Lordships such Proofs
as were offered to us on either Part; and most
humbly submit the Judgement thereof unto your
11 Augusti, 1643.
Ordinance for securing the City of London, &c.
"For the better securing of the Parliament, the Cities
of London and Westm. and the Suburbs thereof, and
Parts adjacent, in these Times of imminent Danger,
the Lords and Commons in Parliament assembled do
Ordain, That the Committee of the Militia for the
City of London, or any Person or Persons authorized
by them, shall have Power, and are hereby authorized and required, to tender and administer unto all
and every such Person or Persons, within the said
Cities, or within the Line of Communication, or any
of the Parishes mentioned in the Weekly Bills of
Mortality, which are appointed, or hereafter shall be
appointed, to bear Arms under the Command of the
Committee of the Militia of London, the Oath or Vow
hereafter mentioned; that is to say,
"I A. B. in the Presence of Almighty God, do Vow
and Protest, That I will, according to my Power and
Vocation, maintain the Cities of London and Westm.
with the Borough of Southwarke, and Suburbs of the
said Cities and the Forts, Outworks, and Lines of
Communication, lately made about the said City and
Borough, against all Forces raised, or to be raised,
by the King, or any other, without the Consent of
both Houses of Parliament, or Authority derived
from them; and that I will not, directly or indirectly,
endeavour the giving up, seizing, or taking, of any
of the Forts, Outworks, Magazines, or Places of
Strength, within the Precincts aforesaid, without the
Consent of both Houses of Parliament, or of such
as shall have Authority derived from them, and of
the Lord Mayor, Aldermen, and Common Council of
the said City of London; and that I will not, in Prejudice of the said Cities, Suburbs, or Places, raise
or assist any Forces, Tumults, or unlawful Assemblies
of People; nor will directly or indirectly give any
Intelligence, or willingly suffer any Intelligence to be
given, to the Forces raised without the Consent of
both Houses of Parliament, or otherwise, to the Prejudice of the said Cities, Suburbs, or Places; and
that I will, with all convenient Speed, discover to the
Lord Mayor and Governors of the Forces within the
said City of London, or to some of them, all such
Plots and Designs as I shall know, or be credibly informed of, to be against the said Cities, Suburbs, or
Places, or any of them: And this Vow and Protestation I make without any Equivocation or mental Reservation, believing that I cannot be absolved from
this my Vow and Protestation, and wishing no Blessing
from God if I do not perform the same. So help
"And it is further Ordained, by the said Lords and
Commons, That if any such Person or Persons as
aforesaid shall refuse to take the said Oath or Vow, so
tendered, the Committee of the Militia for the City of
London, or any Two or more of them, shall have Power,
and are hereby authorized and required, by themselves, their Agents, and Ministers, forthwith to disarm every such Person so refusing, and to seize their
Horses; and in Case such Person, after such disarming,
shall have any Arms found with him, or with any other
to his Use, which he shall not immediately reveal to
the said Committee of the Militia, or some of them,
that then his Goods and Estate shall be seized, to the
Use of the Commonweal, and for the Defence of the
said Cities; as likewise the Goods and Estate of
every such Person as aforesaid, as shall willingly harbour or conceal the Arms of any such Person so refusing; and shall also have Power, and are hereby
required, to seize the Person or Persons of all such
Persons as aforesaid, as shall refuse the said Oath, or
any other Person or Persons which are or shall be
known or appear to be malignant or ill-affected to
the Parliament, and to put them into safe Custody,
or to remove and expel them from and out of the said
Cities and Lines of Communication, or otherwise to
dispose of them, as they shall think to be most conducing to the Safety of the said Cities and Places:
And it is further Ordained, by the said Lords and
Commons, That the said Committee of the Militia,
or any Nine of them, or the Commander in Chief of
the Forces raised within the said Cities and Lines of
Communication, or any the foresaid Parishes mentioned in the Weekly Bill of Mortality, shall have
Power, and are hereby required, to suppress all Insurrections, Tumults, and unlawful Assemblies, within
the said Cities and Precincts aforesaid; and to apprehend all Offenders therein, their Aiders, and Abettors, and also all such as shall wear any Marks, Signs,
or Colours, to distinguish themselves as a Party joining against the Authority of Parliament; and to punish
or execute them, or so many of them as they shall
think fit, according to the Rule of Martial Law:
And it is further Ordained, by the Lords and Commons, That the Committee of the Militia of London,
or any Nine of them, and the Commanders in Chief,
and the respective Officers, in their several Places,
shall govern and punish their inferior Officers, under
the Command of the said Committee of the Militia,
according to the Articles and Laws of War set forth
by his Excellency the Earl of Essex, and authorized
by both Houses of Parliament; and the said Committee of the Militia are hereby further authorized to
take Order (as Occasion shall require) for the shutting
up of all Shops, within the said Cities, and Lines of
Communication, until further Order shall be taken
by both Houses of Parliament, or by the said Committee; to the End that all Persons may, according
to their Power and Vocation, be and continue in a
Readiness and fitting Posture for the Defence of the
said Cities and Parts adjacent: Provided, that no
Power herein granted shall extend to any Peer, or
Member of either of the Houses of Parliament, or
any of the Assistants or Attendants upon the House of
Peers or House of Commons."
House adjourned till 9a cras.