For the City and County of the City of Lincoln the Major for the time being and Thomas Grantham Esquire For the West Riding of the County of York Ferdinando Lord Fairfax Sir Edward Roads Sir William Strickland Henry Cholmley Esquire For the East Riding Sir Marmaduke Langdale John Allured Esquire For the North Riding Thomas Hebblethwait Esquire Sir Henry Anderson Sir Henry Slingsby John Wastell Esquire For the City and County of the City of York the Lord Major for the time being Sir Thomas Widdrington and Sir William Allison For the County of Sussex Sir Thomas Pellham Mr. Shelley Mr. William Hay For the Ports in Sussex William Hay Herbert Morley Esquire For the County of Bucks Sir William Andrews Baronet Sir Alexander Denton Knight Sir John Parsons For the County of Berks Sir George Stonehouse Sir John Bacchus Roger Knight Esquire For the County of Cornwal Sir Richard Carey Baronet Alexander Carey Esquire Sir Richard Butler Knight For the County of Cumberland Richard Barwick Esquire William Pennington of Seaton Esquire For the County of Cambridge Sir Dudley North Sir John Cutts Thomas Chichely Thomas Wendy and Thomas Symonds Esquires For the County of Devon Sir Samuel Rolle Sir John Bramfield Baronet For the City of Exceter the Major for the time being For the County of Dorset Sir Walter Erle Sir Thomas Trenchard Knights For the County of Essex Sir Harbottle Grimston Sir Richard Everard Sir Thomas Bendish Sir Robert Kemp. For the County of Gloucester Henry Bret Esquire Sir Robert Cook Edward Stevens Thomas Hodges Esquires For the City and County of the City of Gloucester the Major for the time being and the two Ancient Aldermen For the County of Huntingdon Sir Sydney Mountague Anslow Winch Esquire Tirel Josseline Esquire Henry Cromwel Esquire For the County of Hertford Edward Chester Edward Wingate Esquires John Butler For the County of Hereford Walter Kerle Esquire Sir William Crofts Knight John Scudamore of Kenchurch James Kirle Edward Broughton Esquires For the County of Kent Mr. Edward Boyes Sir Thomas Walsingham Sir Edward Partridge Knights Richard Lee Esquire For the City and County of the City of Canterbury Sir Edward Masters Knight and for the Ports in Kent and their Members Sir Edward Boys Knight For the County of Leicester Sir Arthur Haslerigg Thomas Lord Grey For the County of Middlesex Sir John Danvers Sir William Roberts Sir Henry Roe Sir Gilbert Gerrard Sir John Franklyn For the City of Westminster Sir Robert Pye William Wheeler John Glyn Esquires For the City of London the Lord Major Thomas Soame Isaak Pennington Aldermen Samuel Vassal and Captain John Ven Merchants Members of the House of Commons For the County of Northampton Edward Montague Esquire Sir John Dryden Sir Christopher Yelverton Zouch Tate Esquire For the County of Norfolk Sir John Potts Sir Thomas Woodhouse Sir Edmond Moundeford For the City and County of Norwich the Major for the time being For the County of Northumberland Sir John Fennicke Henry Ogle Thomas Middleton William Shafto of Babington Esquires Town of New-Castle the Major for the time being Mr. Ledyard For the Town of Barwick Sir Robert Jackson Mr. John Sleigh Gent. William Fenwick Gent. For the County of Oxon. James Fynes Sir William Cobb Sir Thomas Penniston and John Doyley Esquire For the County of Rutland Sir Guy Palmes Sir Edward Harrington Robert Horseman Esquire For the County of Surrey Sir John Evelyn Sir Ambrose Brown Baronet For the County of Salop Sir Richard Newport Mr. Richard Moore Charles Baldwin Esquire For the County of Southampton Richard Whitehead Esquire Sir William Lewis Town of Southampton Major for the time being For the County of Suffolk Sir Roger North Sir Robert Crane Robert Reynolds Esquire Sir William Platers William Cage Esquire For the County of Somerset Sir John Horner Sir John Pawlet Knights John Pyne Esquire City of Bristol the Major for the time being John Gunning John Tomlinson For the County of Westmorland Sir Philip Musgrave Knight and Baronet Sir Henry Bellingham Gawin Braithwait Esquire For the County of Wilts Sir Nevil Poole Anthony Hungerford Esquire For the County of Worcester Humphrey Solloway Esquire Edward Dingley Edward Pitt Thomas Rouse Esquire City of Worcester the Major for the time being For the County of Warwick Sir Richard Skeffington William Combes Esquire John Hales Richard Shugborough Esquires For the City and County of Coventry the Major for the time being Alderman Million John Barr Esquire For the City of Litchfield the Bailiffs for the time being For the County of Anglesey Thomas Buckley Owen Wood Esquires For the County of Pembroke Henry Williams Thomas Gwyn William Morgan Esquires For the County of Carnarvan Thomas Glyn of Nantley William Thomas Owen Wynn Thomas Madrin Esquires For the County of Denbigh Thomas Middleton John Loyd William Wyn Esquire For the County of Flynt Thomas Mostyn Humphry Dymock John Eaton John Salisbury Esquires For the County of Glamorgan William Herbert Sir Thomas Lyne Miles Buton Esquires For the County of Merioneth William Salisbury Esquire Sir James Price Knight For the County of Pembrook Sir Richard Philips Baronet Sir Hugh Owen Knight and Baronet For the County of Montgomery Arthur Price Esquire Richard Griffith Edward Vaughan Esquires For the County of Radnor Thomas Lewis Robert Williams Richard Jones Esquires For the County Palatine of Durham Sir Lionel Madidson Sir Alexander Hall George Lilburn Clement Fulthorp For the County of Cardigan Walter Loyd James Lewis Esquires For the County of Carmarthen Richard Earl of Carberry Francis Loyd Esquire For the County of Monmouth Sir William Morgan Thomas Morgan William Herbert of Colebrook William Baker of Abergany Sir Robert Cooke Sir Charles Williams James Kirke Esquires Which said Persons so appointed and nominated or any one or more of them together with the Justices of the Peace of every Shire County or Riding respectively or any one or more of them or the Major Bailiffs Justices of the Peace Jurats or other Head-Officers within any City or Town Corporate or other Priviledged places or any one or more of them respectively shall have Power and are hereby authorized and required to do and perform all and every such thing and things as shall be necessary to the due execution of this present Ordinance according to the Instructions herewith annexed which said Instructions are hereby Ordered and Commanded to be duly observed and executed by all and every Person and Persons whom it shall or may appertain as they will answer the contrary at their Perils This Ordinance to continue no longer then till the end of this present Session of Parliament Instructions appointed by Ordinance of Parliament to the Persons thereby Authorized for the Disarming of Popish Recusants Instructions to the Comissioners for Disarming Popish Recusants and others and other dangerous Persons I. SUch Members of the House of Commons and other Persons as in and by the said Ordinance are particularly named and appointed or any one or more of them and the Justices
aforesaid did on the deliver his Opinion in the Exchequer Chamber against John Hampden Esquire in the Case of Ship-Money that he the said John Hampden upon the matter and substance of the Case was chargeable with the Money then in Question A Copy of which proceeding and judgment the Commons of this present Parliament have delivered to your Lordships 7. That he the said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench and one of the Justices of Assize for the County of York did at the Assizes held at York in Lent 1636. deliver his charge to the Grand-Jury that it was a lawful and inseparable Flower of the Crown for the King to command not only the Maritime Counties but also those that were In-land to find Ships for the defence of the Kingdom And then likewise falsely and maliciously affirmed that it was not his single judgment but the judgment of all his Brethren witnessed by their subscriptions And then also said that there was a rumour that some of his Brethren that had subscribed were of a contrary Judgment but it was a base and unworthy thing for any to give his Hand contrary to his Heart and then wished for his own part that his Hand might rot from his Arm that was guilty of any such Crime when as he knew that Master Justice Hutton and Master Justice Crook who had subscribed were of a contrary Opinion and was present when they were perswaded to subscribe and did subscribe for Conformity only because the major Number of the Judges had subscribed And he the said Sir Robert Berkley then also said that in some Cases the Judges were above an Act of Parliament which said false malicious Words were uttered as aforesaid with intent and purpose to countenance and maintain the said unjust Opinions and to terrifie His Majesties Subjects that should refuse to pay Ship-Money or seek any remedy by Law against the said unjust and illegal Taxation 8. That whereas Richard Chambers Merchant having commenced a Suite for Trespass and false imprisonment against Sir Edward Bromfield Knight for imprisoning him the said Chambers for refusing to pay Ship-Money in the time that the said Sir Edward Bromfield was Lord Mayor of the City of London in which Suite the said Sir Edward Bromfield did make a special Justification The said Sir Robert Berkley then being one of the Justices of the Court of Kings-Bench in Trinity Term last then sitting on the Bench in the said Court upon debate of the said Case between the said Chambers and Sir Edward Bromfield said openly in the Court that there was a Rule of Law and a Rule of Government And that many things which might not be done by the Rule of Law might be done by the Rule of Government And would not suffer the Point of Legality of Ship-Money to be argued by Chambers his Councel all which Opinions Declarations Words and Speeches contained in the Third Fourth Fifth Sixth Seventh and Eighth Articles are destructive to the Fundamental Laws of this Realm the Subjects right of Property and contrary to former Resolutions in Parliament and to the Petition of Right which Resolution in Parliament and Petition of Right were well known to him and Resolved and Enacted when he was the King's Serjeant at law and attendant in the Lords House of Parliament 9. That he the said Sir Robert Berkley then being one of the Judges of the Court of King's-Bench and being in Commission of the Peace and duly sworn to execute the Office of a Justice of Peace in the County of Hertford on or about the seventh of January 1638. at which time the General Sessions of the Peace for the said County were there holden The said Sir Robert Berkley then and there sitting on the Bench did revile and threaten the Grand-Jury returned to serve at the said Sessions for presenting the removal of the Communion Table in All-Saints Church in Hertford aforesaid out of the Place where it anciently and usually stood and setting it Alter-ways against the Laws of this Realm in that Case made and provided as an Innovation in Matters concerning the Church the said Grand-Jury having delivered to them in Charge at the said Sessions by Master Serjeant Atkins a Justice of the Peace of the said County of Hertford that by the Oath they had taken they were bound to present all Innovations concerning Church Matters And he the said Sir Robert Berkley compelled the Fore-Man of the Jury to tell him who gave him any such Information and thereby knowing it to be one Henry Brown one of the said Grand-Jury he asked the said Brown how he durst meddle with Church Matters who affirming that in the said Charge from Master Serjeant Atkins the said Jury was charged to do he the said Sir Robert Berkley told the said Brown he should therefore find Sureties for his good Behaviour and that he the said Sir Robert Berkley would set a great Fine on his Head to make him an Example to others and thereupon the said Brown offered sufficient Bail but he the said Sir Robert Berkley being incensed against him refused the said Bail and committed the said Brown to Prison where he lay in Irons till the next Morning and used to the said Brown and the rest of the Jurors many other reviling and terrifying Speeches And said he knew no Law for the said Presentment and told the said Brown that he had sinned in the said Presentment And he compelled the said Grand-Jurors to say they were sorry for that they had done in that Presentment and did bid them to trample the said Presentment under their Feet and caused Brown to tear the said Presentment in his sight And he the said Sir Robert Berkley when as John Houland and Ralph Pemberton late Mayor of Saint Albons came to desire his Opinion on several Indictments against John Brown Parson of Saint Albons and Anthony Smith Vicar of Saint Peters in Saint Albons at the Quarter Sessions held at the said Town of Saint Albons on the four and twentieth of June 1639. for the removal of the Communion Table out of the usual Place and not Administring the Sacrament according to Law in that Case provided He the said Sir Robert Berkley then told them that such an Indictment was before him at Hertford and that he quashed the same and imprisoned the Promoters by which threatning and reviling Speeches unjust Actions and Declarations he so terrified the Jurors in those Parts that they durst not present any Innovations in the Church Matters to their great Grief and Trouble of their Consciences And whereas several Indictments were preferred against Matthew Brook Parson of Yarmouth by John Ingram and John Carter for refusing several times to Administer the Sacrament of the Lords-Supper to them without any lawful Cause at the Assizes held at Norwich in 1633. He the said Sir Robert Berkley then being one of the Judges of the Assize proceeded then to the Tryal on the said
will procure a confusion and grudging among them Upon reading the Petition of the Six Persons chosen by the Commonalty of the City of London it is Ordered by the Lords in Parliament Order about Books to be used in the Case between Lord Major and Commons That the Book of Reversions shall be perused by them and afterwards with theBooks of A. D. E. F. G. H. I. K. L. Z. O. Liber Albus Transcript Dunthorn Customs Repertory Hamersly Journal of 6 H. 7. Journal Swinerton Middleton Hayes Journal Garroway shall be brought into the Vpper House of Parliament on Monday next being the 26th of this Instant Month of July by Nine of the Clock in the morning at which time their Lordships have Ordered to hear the said Cause Sir John Hotham Reports Friday July 23. That there will be due to the Scots upon the 12th of August 57400 l. 10000 l. is expected from the voluntary Loan of the Members so that 47000 will be requisite to pay them off Ordered That there shall be a Conference with the Lords to borrow 40000 l. of the City which the Lords agreed to and the Poll-Bill was proposed to the Lord Mayor and Aldermen for Security Earl of Essex made Lord Chamberlain This day His Majesty was pleased to give the white Staff to the Earl of Essex and he was Sworn Lord Chamberlain of His Majesties Household Sir Arthur Ingram carries up the Bill with amendments for the certainty of the Forrests as also a Bill for the Earl of Bedford Saturday July 24. The House of Commons then entered upon the Debate of the Articles from the Committee of Seven against Mr. Percy Mr. Jermyn c. Upon which they came to these Votes Votes upon the Articles from the Committee of 7. Resolved c. That Mr. Henry Percy in the Months of March and April last past in the Parish of St. Martin 's in the County of Middlesex did Compass Plot and Conspire with others to draw the said Army together and to employ them against the Parliament and by fear and dread thereof to compel the said Parliament to agree to certain Propositions by them contrived and to hinder and interrupt the Proceedings of the said Parliament Resolved c. The same against Mr. Henry Jermyn Sir John Suckling and Mr. William Davenant Resolved c. That in pursuance of the said Design the said Henry Percy by the Plot and Combination aforesaid did endeavour to persuade divers Members of the House of Commons of the said Parliament and others being Officers of the said Army that is to say Henry Wilmot William Ashburnham Esq Sir John Berkly Hugh Pollard and Daniel Oneal Esquires that they were disobliged by the Parliament thereby to incense and disaffect them against the Parliament and did hold divers Consultations with the said persons to effect the said wicked and dangerous Designs and for that purpose did set down in writing certain Propositions to the effect following that is to say The preserving of Bishops Votes and Functions the not Disbanding of the Irish Army until the Scots were Disbanded and to endeavour the settling of the King's Revenue to the proportion it was formerly The House fell upon the further Debate of the Articles from the Committee of Seven and it was Resolved Further Votes about Mr. Percy c. c. That the said Henry Percy in pursuance of the said Plot and Combination for the more secret Carriage and further Engagement of the said Conspirators and others the Persons aforenamed did minister unto the said Henry Jermin Hugh Pollard Henry Wilmot William Ashburnham Sir John Berkley and Daniel Oneal a wicked and unlawful Oath whereby they did Swear upon the Holy Evangelists not to reveal any thing spoken concerning that business in consultation directly or indirectly nor to think themselves absolved by any other Oath that should be after taken from the Secresie enjoyned by the said Oath Resolved c. That Mr. Henry Jermyn at the time the said Oath was Administred as aforesaid and at divers other times did propound and endeavour to perswade the Persons aforenamed and other Officers of the said Army to put the said Army into a Warlike Posture and to bring them up to London and likewise to make themselves sure of the Tower and so by force to compel the Parliament to conform to their Will Resolved c. That the said Henry Jermin Sir John Suckling and William Davenant in further Prosecution of the said Design by the Conspiracy aforesaid to disaffect the said Army towards the Parliament and to work a belief in the said Army that the King and Parliament would disagree and so under pretence of adhering to His Majesty to incense the said Army against the Parliament thereby the better to compass their wicked Design and further endeavoured to perswade the Army that all the French about London would assist them and to the great scandal of the King and his Government that the Prince and the Earl of Newcastle were to meet the said Army at Nottingham with a Thousand Horse Resolved c. That the said Sir John Suckling by the Conspiracy aforesaid for the better effecting the said wicked Design under the pretence and colour of some service to the King of Portugal did raise Men both Officers and Common Soldiers and further did contrive that a hundred of those Men should be put into the Tower of London under the Command of Captain Henry Billingsley thereby to possess themselves of the same as was formerly propounded by Mr. Henry Jermin that so they the said Henry Jermin and Sir John Suckling might better effect their said wicked Designs and have better opportunity to Master and Command the City of London that the said City should not be able to make any resistance when the said Army should come up according to the aforementioned Desing And the said Sir John Suckling in further pursuance of the said wicked intentions did by the means aforesaid Plot and Endeavour that Thomas Earl of Strafford then Prisoner in the Tower for High Treason and since Attainted and Executed for the same should make an Escape that by his Power they might the better compass and bring to pass the said wicked Design Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Suckling Sir John Berkley and Daniel Oneal by the inticement practice and insinuation of the said Henry Percy did take the aforesaid unlawful Oath Resolved c. That the said Henry Percy for the advancement of the said wicked Design did propound unto them the aforesaid three Propositions Resolved c. That the said Henry Wilmot William Ashburnham Hugh Pollard Sir John Berkley and Daniel Oneal were acquainted with the said Design mentioned in the first Article Resolved c. That the said Henry Wilmot William Ashburnham Hugh Polland Sir John Berkley and Daniel Oneal were together with the said Confederates present at divers Debates and Consultations touching the
which moved them to desire the Horse might be first Disbanded was of very special Importance and still inclineth them to continue the same expectation for those who are yet undisbanded but for the time past they rest satisfied in the answer and proceedings of your Excellency assuring themselves That though there was some difference in the way yet you fully agreed with them in the end which is to ease the Common-wealth and settle the publick Peace with as much expedition as may be for the more speedy effecting whereof there is already 23000 l. on the way and Order given for 27000 l. more to be sent with all speed and a Course taken by the House of Commons to quicken the payments of the Poll Money in the Nine Shires adjoyning to York and both Houses of Parliament have by an express Ordinance commanded the Sheriffs of eight other Counties to bring all their Money immediately to York whereby the House conceiveth and hopeth your Excellency will be supplied with Treasure sufficient to Disband the remainder of the Army at the time prescribed or sooner if it may be and that by your prudent and faithful effecting thereof the heavy burthen of Care and Pains which lies upon you in the discharge of this great Trust will be removed and shall end in the thanks and obligations of this House and of the whole Kingdom producing to your Excellency such an Increase of Honor and happiness as shall be suitable to your own Merit and the desires of Your Excellency's humble Servant Edward Littleton Custos Sigilli To stir up the City to lend more money the Commons fell upon the Debate of the Case of London-Derry and thereupon Mr. Whistler Reports from the Committee appointed to examin that matter the Case of London-Derry upon which it was 1 Resolved upon the Question Votes about London-Derry in Ireland That it is the Opinion of this House that the Citizens of London were sollicited and pressed to the under taking of the Plantation of London-Derry 2 Resolved c. That the Copy attested with Mr. Soams his Hand is a true Copy of the Sentence in the Star-Chamber given against the Mayor and Commonalty of the City of London and the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 3 Resolved c. That the Order made in the Court of Star-Chamber Dated 8. May 8 Car. is unlawful both for the Matter Persons and time therein prefixed 4 Resolved c. That the King was not deceived in the Grant which he made unto the Society of Governors and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland in particular not in creating a new Corporation called the Society of the Governor and Assistants of London of the new Plantation of Vlster in the Kingdom of Ireland 5 Resolved c. That in creating the new Corporation of the Society of the Governor c. The King did not by that Patent grant more Lands then was by him intended to be granted nor was therein deceived 6 Resolved c. That it doth not appear by sufficient Proof that the Citizens of London were tyed to perform the Printed Articles and consequently not bound to plant with English and Scots nor restrained from planting with Natives 6 Resolved c. That though by the 27 Article the City was to build 200 Houses in Derry and 100 Houses at Colerain by the first Day of November 1611 admitting the Houses were not Built nor the Castle of Culmore repaired by the time prefixed yet this is no Crime nor cause for giving Damages in regard the City had not their Patent until the 29th of March 1613. 8 Resolved c. That there is no proof that the Governor and Assistants of London of the new Plantations or any of the twelve Companies did make any Lease unto any Popish Recusant nor of any decay of Religion there by default of the Planters 9 Resolved c. That there is no proof of any default in the Planters for not making of a sufficient number of Free-holders nor any Article that doth tye them thereunto 10 Resolved c. That there is no proof that the City of London or their Governor of the new Plantation have felled any Trees in the Woods called Glancanking and Killitrough contrary to their Covenant 11 Resolved c. That the not conveying of Glebe-Lands to the several Incumbents of the several Parish Churches in regard they did not enjoy the Lands is no Crime punishable nor cause of Seizure of their Lands 12 Resolved c. That the breach of Covenant if any such were is no sufficient cause to forfeit Lands 13 Resolved c. That the breach of Covenant is no Crime but Tryable in the ordinary Courts of Justice 14 Resolved c. That the Court of Star-Chamber whil'st it stood as a Court had not any power to examin or determin breach of Covenant or Trust 15 Resolved c. That the Court of Star-Chamber while it stood a Court had no power to examin Free-hold Inheritance 16 Resolved c. That the Sentence upon these two Corporations aggregate no particular Person being Guilty is against Law 17 Resolved c. That in all the proof of this cause there doth not appear matter sufficient to convince the City of London of any Crime 18 Resolved c. That upon the whole matter this Sentence in the Star-Chamber was unlawful and unjust 19 Resolved c. That this composition and agreement made with the City upon these Terms in this time of extremity ought not to bind the City 20 Resolved c. That this House is of Opinion that when the King shall be pleased to repay those Monies which he hath received upon this composition and such Rents as he hath received by colour of this Sentence that then His Majesty shall be restored to the same State he was in and the Patent thereupon gotten shall be cancelled or surrendred 21 Resolved c. That the Citizens of London and all those against whom the Judgment is given in the Scire facias shall be discharged of that Judgment 22 Resolved c. That the Opinion of this House is That they think fit that both the Citizens of London and those of the new Plantation and all under Tennants and all those put out of possession by the Sequestration or Kings Commissioners shall be restored to the same State they were in before the Sentence in the Star-Chamber The Plague which had for some time visited the City of London The Plague in London City Petition for a Fast began now to spread and increase upon which there was a Petition from the Magistrates Ministers and People of the City of London for a Day to be set apart for Solemn Humiliation and Fasting to implore the Divine Majesty to avert the impending Judgment of the Pestilence from the City and Nation This day it was moved Friday August 27.
c. Next the Bishop of Linclon reported that at the same Conference Mr. Nichols that was sent into Scotland to his Majesty from both Houses reported That he had delivered the Petition and the Draught of the Commission to his Majesty but his Majesty thought not fit to sign it for these Reasons which he commanded him to signify to the Parliament 1 That his Majesty conceives the Treaty of Pacification The King's Reasons for not signing the Commission sent into Scotland by Mr. Nichols from both Houses between the two Kingdoms is already ratified by the Parliament of Scotland 2 If this Commission should be granted it would beget new Matter 3 It would be a means to keep his Majesty longer there then he intended to stay 4 That the Scots Army is over the Tweed and that the Lord General hath almost Disbanded all Our Army and hath begun with the House A Letter from the Lord General was read declaring Contents of a Letter from the Lord General That he will pursue the Orders of Parliament in disbanding the Army but he understands that the Scots will keep 5000 Men undisbanded until our Army be all disbanded and our Fortifications at Barwick and Carlisle slighted and that to this purpose he had received Directions from his Majesty to demolish the Fortifications and remove the Ordnance and Munition from thence The Bishop of Lincoln Reported the Conference with the Commons concerning Disarming Recusants to this Effect THat the House of Commons had taken into consideration the Store of Arms in this Kingdom and they find The Conference about disarming Recusants Aug. 30. 1641. that there are many Arms in the hands of Popish Recusants for disarming of whom the House of Commons have frequently recommended to this House the disarming of them according to the Stat. of 3 Jac. but they have found that the good came not by this Statute as was intended for upon Indictments for Recusancy there were Certioraris's granted Therefore the House of Commons have taken these things into consideration again and the rather because of the Kings absence at this time in Scotland and that the time of the Recess draws nigh and considering the late Troubles of this Kingdom whch are not yet settled the House of Commons have considered of an Ordnance of Parliament and some Instructions to be given unto such Commissioners as they have named to see to the disarming of Popish Recusants according to the Statute of 3 Jacobi which Ordinance and Instruction they present to their Lordships desiring them to joyn with them herein Then the aforesaid Ordinance and Instructions were read in haec verba An Ordinance made and agreed by the Lords and Commons in Parliament for the speedy disarming of Popish Recusants and other dangerous Persons The Ordinance of Parliament for Disarming Recusants WHereas for the preventing and avoiding of dangers that might grow by Popish Recusants Provision hath been heretofore made by Act of Parliament for the disarming of all Popish Recusants convicted within this Realm which said Law hath not taken so good effect as was intended by Reason such Recusants and Persons Popishly affected have by subtle practices and indirect means kept themselves from being convicted or being outwardly conformable have caused or suffered their Children Grand-children and Servants to be bred up and maintained up in the Popish Religion and have otherways hindred the due Execution of the said Law to the great danger and grievance of the Common-wealth And for that it is too manifest that the said Popish Recusants have always had and still have and do practise most dangerous and pernicious designs against the Church and State and by the Laws of this Realm in times of imminent danger or of any forcible Attempts Designs or Practises against the Peace and Safety thereof all Armor Weapons and other Provisions that may tend or be imployed to the effecting of such mischievous Designs ought timely to be removed and taken away and all fit means used for the securing of the Peace and safety of the Realm And for the preventing of such further mischiefs as may happen by any Outrage or Violence to be offered It is therefore Ordained and Provided by the Lords and Commons in this present Parliament Assembled That all such Arms Gun-powder and Munition of what kind soever as any Popish Recusant convicted or any Person or other which is or shall be Indicted for such Recusancy and such Indictments either are or shall be removed by Certiorari or being not removed shall not by Appearance and Traverse or otherwise be Legally discharged before this Ordinance be put in execution or which shall not have repaired to Church more then once in every Month or shall not have received the Holy Communion according to the Rites of the Church of England within one whole year next before the making hereof and which shall refuse to take the Oaths of Supremacy or Allegiance upon Lawful Tender thereof made or whose Children or Grand-children or any of them being at his or her dispose or living in the House with them is or shall be bred up in the Popish Religion or have not repaired to Church within one year next before the making of this Ordinance according to the Laws and Statutes of this Realm or whose Houshold Servants or any two or more of them is or shall be of the Popish Religion hath or shall have in his and their House or Houses or elsewhere or in the hands and possession of any other to his or their use or at his or their disposition other then such necessary Weapons as shall be thought fit by the Persons Authorized to take and Seize the said Munition to remain and be allowed Arms for the defence of the Person or House of such Recusant or Person aforesaid shall forthwith be taken from every such Popish Recusant or Person as aforesaid and from all others which shall have the same to the use of any such Popish Recusant or Person by such Person and Persons as are and shall be by this Ordinance appointed and authorized in that behalf for every Shire County and Riding within this Realm and Dominion of Wales that is to say For the County of Bedford Sir Oliver Luke Sir Beuchamp St. John Sir Roger Burgoigne Knight For the County of Lancaster John Moor Alexander Rigby Esquire Members of the House of Commons and the two Knights that Serve for that County For Cheshire Sir William Brereton Baronet Peter Vennables Esquire For the City of Chester Francis Gamull Esquire the Major for the time being For the County of Stafford Sir Edward Littleton and Sir Richard Levison For the County of Derby Sir John Curson William Allestre Esquire For the County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire For the Town and County of Nottingham Sir Thomas Hutchinson Robert Sutton Esquire and the Major for the time being For the County of Lincoln Thomas Hatcher Thomas Grantham and John Broxholm Esquires