Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Lunæ, 13 Martii, 1642.
Exchange of Prisoners.
ORDERED, That Mr. Tremaine, a Prisoner in the King's Bench, be exchanged for Mr. Alexander Maynard a Prisoner in Cornewael.
Proceedings concerning Conisbye.
An Instrument or Precept of Tho. Conisbye Esquire, Sheriff of the County of Herts, laying Commands upon the Lord Viscount Cramborne, Lord Lieutenant of the County of Herts, to raise the Train Bands of the County, for suppressing such Felonies and Robberies as are committed there, as he says; and for keeping the Peace.
Ordered, That the Examination of it be referred to the Committee for Examinations: And that the Committee do presently send for Mr. Conisby, and examine him upon such Interrogatories as they shall think fit.
An Ordinance for sequestering the Profits of the Vicarage of Northall in the County of Middlesex, where Mr. George Palmer is Vicar, into the Hands of divers Sequestrators named in the said Ordinance, to be employed for the Use of Robert Malthus Master of Arts, a godly, learned, and orthodox Divine; who is hereby authorized to discharge the Cure of that Place, as Vicar, in all the Duties thereof; was this Day read; and by Vote upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.
Affairs at Hull.
Letters from Sir Jo. Hotham and Mr. Hotham of the 9th and 10 of March; the one concerning the Necessities of the Garison at Hull; the other concerning a Letter, and divers Orders sent to Mr. Hotham, concerning the Delivery of divers Goods stayed by Mr. Hotham at Cawood; were read.
Ordered, That the Letter from Mr. Hotham be taken into Consideration To-morrow Morning: And that in the mean time, the Certificate from Bourdeaux concerning those Goods, be translated into English.
An Ordinance for sequestering the Rents and Profits of the Vicarage of Hallifax, in the County of Yorke, whereof Dr. Marshe, is Vicar, (now a Prisoner at Manchester), into the Hands of Sequestrators named in the said Ordinance; to be by them received, and paid over to the Lord Fairefax, towards the Maintenance of the Forces under his Command; was this Day read; and, by Vote, assented unto; and ordered to be sent unto the Lords for their Concurrence, by Sir Wm. Strickland.
Sir Robert Pye went up to the Lords, to desire ... Lordships Concurrence in the Order sent up from this House, for the Encouragement of Mariners, to be employed in this next Summer's Fleet, by allowing them the Third Part of the Prizes taken by them.
A Letter from the Justices of Ireland, &c. of the 20th of February, relating the good Success which the King's Forces had at Roskennell, and the Particulars they had formerly written for; and likewise a Desire of theirs, That both Houses would move his Majesty to bestow on Sir Rich. Grenvile, for Reward of his great Service, and as a Mark of his Majesty's Royal Favour, the Castle of Bali Britten in the King's County; and all other Lands, Tenements, and Hereditaments, in that Kingdom, belonging to the said Anth. Preston, or his Wife, and his Wife's Sister; and whereof they, or any of them, were in Possession on the 23th of October 1641, or at any time since; being about Three hundred Pounds per annum: And
It is Ordered, That this Desire of the Lords Justices be recommended to the Consideration of the Committee of Adventurers for Ireland.
A letter from his Excellency my Lord General, of the 12th of March; relating the State and Stations of the Army at this Time; was likewise read; and referred to Mr. Pym, to return an Answer unto it.
Treaty with the King.
Mr. Pym reports from the Committee appointed to consider of the Articles of Cessation, the Alterations they had made in those Articles; and the Reasons for this House to offer unto the Lords, Wherefore this House cannot agree with their Lordships in many of their Alterations and Additions to the Articles of Cessation, sent from his Majesty, and committed to the Consideration of a Committee of both Houses, and afterwards delivered by the Lords, at a Conference, on Friday last: .... were this Day read; and, by Vote upon the Question, assented unto; and are entered at this (†) Mark at the latter End of this Day.
Message to Lords.
Sir Walth. Erle carried up to the Lords the Sequestrations of St. Bennet's Sherhog; Kirke Burton in the County of Yorke; and of Cranebrooke in Kent: And was appointed to desire them to sit awhile.
Answer from Lords.
Sir Robert Pye brings Answer, That the Lords do agree to the Ordinance made for the Encouragement of Mariners, by allowing them the third Part of Prizes; and to that for Duncannon Fort.
Ordinance of Assessment.
Sir Tho. Barrington is to go to the Lords, to desire them to hasten the Passing of the Ordinance for the Assessing of such as have not contributed at all, or not in Proportion to their Estates.
Treaty with the King.
Mr. Martyn, Sir Jo. Clatworthy, Mr. Hollis, Mr. Cage, are added to the Committee appointed to consider of the Propositions, touching the Cessations: And the said Committee, or any Four of them, are to consider of a Declaration for Preserving of the Privilege of Parliament, notwithstanding his Majesty's Exception to the Lord Say and Sir Jo. Evelyn.
Mr. Corbett reports from the Committee of Examinations, the bold and unbefitting Carriage of the Sheriff of Hartford; who is committed Prisoner, by Order of this House, to London House: Whereupon
It is this Day Ordered, That the said High-Sheriff of Hertfordshire shall be forthwith committed Prisoner to the Tower, there to remain close Prisoner, till the further Pleasure of this House be known.
Treaty with the King.
Sir Tho. Barrington went up to the Lords, to desire a Conference, concerning the Propositions for the Cessation: And
Brought Answer, That the Lords would give a present Meeting, as was desired. And
Mr. Pym, Mr. Hollis, and Mr. Greene, are appointed Managers of that Conference.
Ordered, That the like Order be made for Sir Harbotle Grimston to put in Execution the Ordinance for the weekly Assessment, as was made for Sir Wm. Masham.
Anfwer from Lords.
Sir Walter Earle brings Answer, That the Lords have given Assent to the Three Orders he carried up: And, for the Assessment of the Lords, they will speedily go on with it: And that they will sit awhile, as is desired.
Plot at Bristoll.
Two Letters from Bristoll; One of the 11th of March, relating a cruel Plot and Design of Divers Malignants of that Town, of destroying divers of the good Inhabitants, and Betraying of that Town to the Forces of Prince Rupert, &c. were this Day read: And
It is Ordered, That it be referred to Mr. Hill and Mr. Hodges, to make an Extract of them, to be forthwith printed.
A Letter from Secretary Niclas to Mr. Browne, Resident at Paris; and One from his Majesty to Mr. Walth. Mountague, all in Figures, intercepted at the Courts of Guard.
Ordered, That Mr. Taylor do bring in his Relation, concerning the Business of Bristoll: And that Mr. Hill do make an Extract of that also, ready to be printed.
Escape of Prisoners.
Ordered, That the Consideration of the Escape of Captain Bainfield, Legg, and Treswell, out of the Gatehowse, be referred to the Examination of the Committee for Prisons, where Sir Robert Harley has the Chair: And that it be likewise referred to the same Committee, to inquire after the Escapes of all Prisoners committed by Parliament; and the Means and Ways of their Escapes; and by whose Default: And that Mr. Trenchard, Mr. Glyn, Mr. Nicholas, and Mr. Jennour, be added to this Committee.
Resolved, &c. That Captain Crescence Riley, now Prisoner in Newgate, Captain Edw. Darcy, Captain Geo. Darcy, Prisoners in the Gatehowse, Ensign Rich. Shelly, Ensign Tho. Shelly, Ensign Cuss, Captain Ogleby, Cornet Jo. Wyshart, Geo. Gurdon, now Prisoners in the Lord Peter's House, be removed from hence to Plymouth; with Directions to the Mayor of Plymouth, to have Care of the Safe-keeping of them: And that he be authorized to remove them to Barnstaple or Lidforde, if he shall not conceive them to be safe at Plymouth, or in the Island: And that a Letter be prepared by the Committee to that Purpose: And that they be kept close Prisoners until the Time of their Removal.
Resolved, &c. That Ralph Brandlyng, Captain Robert Markland, Captain Andrew Tyre; William Ramsey, Alex. Doonye, William Browne, Gilbert Browne, George Reddock, Christ. Issard, Lieutenants; Captain Mich. Chadwell; now Prisoners in Lambeth House; be removed to Colchester, Five to the County Gaol, and Five to the Town Gaol: And that a Letter be prepared by the Committee, to be sent to the Mayor, and other wellaffected Persons of that Town; to take Care for the Safe-guarding of them: And that, in the mean time, they be kept close Prisoners.
Resolved, &c. That Mr. Tho. Nicholson, Mr. Rich. Zouch, Tho. Syms, Captain Forth. Gooday, in * *; Lieutenant Greene, Cornet Rich. Taylor, Barnaby Bradford, James Bradford, in London House; Captain Wm. Hudson, Captain Henry Brodnaux, Prisoners in the Compter, Wood-street; be removed to Norwich, Six to the County Gaol, Four to the City Gaol: And that they be kept close Prisoners until their Removal.
Resolved, &c. That Sir Wm. Boteler, in the Gatehowse; Captain Humphrey Mathews, Captain Robert Bolles, Captain Robert Rookes, Colonel Hen. Champernoone, Captain Tho. Wood, Captain Hen. Bidlack, in the King's Bench; Captain Miles Button; in the Poultry Compter; Rich. Sympson, in the Lord Peter's House; be removed to Ipswich: Five to the County Gaol, Five to the Town Gaol: And that they be kept close Prisoners until their Removal: And that a Letter be prepared by the Committee, to be sent to the Mayor of Ipswich, and to some other well-affected Persons; to take Care of their safe Custody.
Resolved, &c. That Sir Wm. Boteler, now Prisoner in the Gatchowse, be removed thence Prisoner to Ipswich; there to remain Prisoner during the Pleasure of the House.
Ordered, That it be referred to the Committee for Prisons, where Sir Robert Harley has the Chair, to consider of the Conditions of the Gaols and Gaolers, to which these Prisoners are ordered to be removed; and of Means of conveying and securing them there.
Payment of Money.
Ordered, That the Committee appointed to take Care, What Monies are most necessarily to be first paid, do meet this Afternoon at Five of Clock, at Guildhall, London: And Sir Tho. Barrington is added to this Committee: And they, or any Three of them, have Power to subscribe such Warrants as they shall think fit to be first complied with: And the Care of appointing Monies for the Garison of Portesmouth, to be forthwith paid, is especially recommended unto them.
Ordered, That the Sheriffs of London and Middlesex, and the Committee for the Militia of London, do forthwith take into Custody the Capuchins at Somersett House; and take Care for the speedy sending them away into France: And the former Orders made to the Sheriffs of London and Middlesex, for the Demolishing of the superstitious Monuments, &c. in the said Chapel, &c.: And Mr. Martyn, Sir Peter Wentworth, and Mr. Gurdon, are appointed to take Care to see the said Orders put in Execution.
And it is further Ordered, That the Earl of Warwicke be desired to give Directions for a Ship for Transporting of them: And the Committee of the Navy are to write to the Earl of Warwicke, for the speedy Providing of a Ship accordingly.
Commrs of Customs.
Ordered, That the Commissioners and Collectors of the Customs do attend the House To-morrow Morning at Ten of Clock, concerning their Answer delivered into the Committee for the Navy, touching the Loan of Thirty thousand Pounds.
Licences for Convoy.
Ordered, That the Examination of the Business concerning Mr. Price his procuring Licences for the safe Convoy of his Ship trading.. the Sound, &c. be referred to the Committee for Examinations.
Treaty with the King.
(†) The Third Article to be thus:
"That the Forces of neither Army shall advance their Quarters nearer to each other than they shall be upon the Day agreed on for the Cessation to begin."
To the Seventh Article, to make this Answer:
"That, as soon as his Majesty shall be pleased to disband the Armies, according to the Desire of both Houses, and to disarm the Papists, according to Law, the Subjects may then enjoy the Benefit of Peace in the Liberty of their Persons, Goods, and Freedom of Trade: But, so long as the Armies are on Foot, there is a Necessity of Provisions for the Maintenance of the Soldiers; and that the Order and Discipline of War should be observed, for Restraint of Persons and Goods: For which Reason they cannot farther agree to the Seventh Article, but only that the Generals and Commanders on both Sides shall keep the Soldiers from plundering; which they have disliked and forbidden."
That the Third Article, concerning the Settling and Removing of Quarters, be sent to the Lord General for his Advice; because it merely concerns the Army.
That the Day for the Treaty and Cessation to begin, shall be the 20th of this Instant March.
"And all other Commodities:" This is added, because there is no Restraint of Commodities in the Second Article.
That the Passage of all Persons, without Safe Conduct, be restrained, for these Reasons:
1. That the frequent Searches and Examinations, upon their Passage, will be so full of Trouble and Charge, as that the Subject will have no Benefit at all, for so short a time.
2. That it will be a Means not only to colour other prohibited Goods, as Ammunition and Money; but it will empty the City of Tradesmen and Merchants; and give such who are ill-affected, Opportunity to transport their Estates to Oxon; and, by Means of their Merchandizes, to draw great Sums of Money to that and other Places in the King's Power.
3. That it will be a Means to fill the City with dangerous and discontented Persons; and give Opportunity for accomplishing some mischievous Design, to the Disturbance of the Peace, and Hazard of the Safety thereof.
The First Clause of the Third Article omitted, because there is a Removal and Alteration of Quarters.
The Second denied, concerning Messengers passing from Quarter to Quarter; because we shall have no Advantage by this Clause, in regard we can send Messengers to all our Quarters without Interruption of the King's Forces; but the King cannot send Messengers from Oxford to Yorke, without Interruption by our Forces.
Ordered, That the House shall proceed to the Reading of the Names of the Persons nominated in the Ordinance for sequestring the Estates of Delinquents, &c.