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 Sabbati, 16 Aprilis, 1642.
One per Cent. Duty.
ORDERED, That the Committee for One per Cent. shall meet this Afternoon, at Two, in the Exchequer-Chamber.
Ordered, That Mr. Henry Langley, an orthodox Minister, be recommended to the Parishioners of Watlington in Oxfordshire, to be their Lecturer, to preach there every Saturday in the Afternoon, and likewise every Lord's Day: And that Mr. Price, the Vicar thereof, be required to permit him to preach the Lectures on the Days aforesaid, without any Lett or Interruption: And that if he shall hinder and refuse him, that then he be required to come hither to shew Reason.
Ordered, That it be referred unto a Committee to consider of the Number and Quality of the Persons in all Counties, that refuse the Protest. ..
Mr. Glyn, Sir Gilbert Gerard, Sir Ro, Coke, Sir Wm. Lewis, Mr. Rowse, Sir Ro. Pye, Mr. Whittacre, Mr. Arth. Goodwyn, Sir Jo. Francklyn, Sir Jo. Evelyn, Mr. Cromwell, Sir H. Vane, Mr. Bond, Mr. Pury, Lord Gray, Mr. Wheeler, Sir Jo. Hippesley, Mr. Browne, Lord Wenman, Sir Dud. North, Mr. Whitehead, Mr. Browne, Sir Edm. Montfort;
This Committee, or any Four of them, is to meet at such Time and Place as they shall please, to consider of the Number and Quality of the Persons in all Counties, that have refused the Protestation; and what Course is fit to be held towards them. And the Knights and Burgesses, after they have viewed the Protestations themselves, are to return the Refusers to this Committee.
Call of the House.
According to the Order Yesterday made, the House was called; and no more was ordered, for the present, than that a Note of their Names should be taken, who should make their Appearance before the Rising of the House, that such might be excused.
Message from the King-Magazine at Hull.
A Message from the Lords, by J. Foster and Just. Heath:
The Lords desire a present Conference by Committees of both Houses, in the Painted Chamber, concerning a Message they have received from his Majesty, of dangerous Consequence.
Answer returned by the same Messengers; That this House has taken their Lordships Message into Consideration; and will give a present Meeting, as is desired.
Sir H. Vane, Sir Phil. Stapilton, Lord Dungarvan, are appointed Reporters of this Conference:
Sir H. Vane reports the Conference:
The Lord Keeper declared, That he had received from his Majesty a Letter; and in it inclosed his Majesty's Answer to the Petition of both Houses, concerning the Removal of the Magazine at Hull; and the Taking off the Reprieve from the Priests in Newgate, condemned; and a Warrant to the Sheriffs for the banishing those Priests, if the Parliament should so think fit: All which his Majesty commanded should be communicated first to the House of Peers, and then to the House of Commons.
The Lords had taken these Particulars into Consideration; and had passed a Vote upon them, and a Reason for that Vote.
And did likewise express a further Desire of referring a further Consideration of these Particulars to a Committee.
His Majesty's Message, and the other Particulars, were likewise read here, and the Lords Vote thereupon, and the Reason, as follows:
Resolved, upon the Question, That it is necessary that ths Magazine be removed from Hull to the Tower:
Because they believe that those evil Counsellors who advised this Answer, wherein there is a Threatening to the Parliament, and an unjust Charge of Violation of the Laws, have a Design to stay those Arms there, that they may be made Use of to the Disturbance of the Peace of the Kingdom: And therefore they do conclude, that those who have advised the King to make this Answer to his Parliament, are such as do seek the Ruin and Subversion of the Kingdom.
The Lords do desire that a Committee of both Houses may be chosen to draw up the Reasons which did induce the Houses to desire the Removal of the Arms from Hull to London; resolving to publish them, with their Petition to the King, and his Answer to it.
These being brought from the Conference with the Lords, by the Reporter, they were read; and, by Vote upon the Question, assented unto.
A Message from the Lords, by Sir Ro. Riche, and Mr. Page;
The Lords, according to the Expressions at the last Conference, have appointed Thirteen Lords of their House to take into Consideration his Majesty's Message, and to appoint a proportionable Number of this House to meet with them this Afternoon, at Two of Clock, in the Painted Chamber.
Answer returned by the same Messengers: That this House has taken their Lordships Message into Consideration; and hath resolved to chuse a Committee of a proportionable Number to meet, as is desired.
Resolved, upon the Question, That the Magazine at Hull shall be forthwith removed to the Tower of London: And that the Lords be moved to join with this House in this Resolution: And that they be desired to require the Lord Admiral to take care for the Providing of Ships for the Removal of it: And that the several Officers, and all other Persons, who have the Charge thereof, shall be required to deliver it to such Persons as shall be appointed and authorized by both Houses of Parliament to receive it: And that Sir Jo. Hotham shall be required to give his best Aid and Assistance to the Execution thereof.
Resolved, upon the Question, That Sir Jo. Hotham Knight and Baronet, and Jo. Hotham Esquire, and all other Persons under their Command, in undertaking the Charge and Command of the Town of Hull, and the Magazine there, and in drawing Forces into the said Town, have done nothing therein, but according to the Law of the Land; unto which they were commanded by both Houses of Parliament: Who, knowing it to be a necessary Service, at this present, for the Safety of the Kingdom, do declare, that the said Sir Jo. Hotham, Jo. Hotham Esquire, and all other Persons under their Command, shall have the Assistance of both Houses of Parliament against any Inconveniences that may incur, by yielding their Obedience unto the said Commands, in this necessary and important Service.
Mr. Pierrepoint is appointed to carry up these Resolutions at the next Message to the Lords; together with the Commissions to the Colonels and Captains of Foot and Horse.
Ordered, That the Earl of Cumberland be desired to bring in Captain Legg, on Monday Morning next, to the House.
Irish Adventurers Loan.
Ordered, That the Six thousand Pounds lent by the Adventurers for Ireland, for the Supply of Munster, shall be repaid unto them out of the first Monies that shall come in upon the Bill of Four hundred thousand Pounds, or the Bill of Contribution.
Ordered, That Mr. Pym shall bring in the Two First Parts of the Declaration, without staying for the rest; and that they shall be published by themselves: And that Committee is to meet this Afternoon, Three Clock, in the Court of Wards.
Magazine at Hull.
Sir H. Vane, Sir H. Meldmay, Mr. Hollis, Mr. Glyn, Sir Jo. Potts, Mr. Pym, Sir Tho. Barrington, Sir Walter Earle, Sir William Litton, Sir Arthur Hasilrigge, Mr. Crue, Mr. Marten, Mr. Hotham, Sir Peter Wentworth, Mr. Long, Mr. Fines, Sir Christopher Yelverton, Sir H. Heyman, Sir Jo. Evelyn, Serjeant Wilde, Mr. Pierepoint, Sir Wm. Lewis, Sir Henry Vane, jun. Sir Rob. Coke, Sir Rob. Harley, Sir Phil. Stapilton;
This Committee is to meet with a Committee of the Lords this Afternoon, at Two of Clock, in the Painted Chamber, to draw up the Reasons which did move the Houses to desire the Removal of the Arms from Hull to London, to the end that they may be published, with their Petition to the King, and his Majesty's Answer to it. The Committee of this House hath further Power to consider of the whole Matter of this Message, and to present their Opinions upon it: And are to meet when and where they please.
Some Persons who are desirous to further the Conquest of Ireland, and to relieve our Brethren who are in Distress, and blocked up in several Holds ready to perish; as also what in them lies, to hinder Supplies by Sea for coming thither; and to spoil and waste those Rebels by Land, do propose to this Honourable Assembly to set out at their own Charge, Five, Six, or Seven, Ships and Pinnaces, with Five hundred Soldiers, as an additional Supply to their former Subscriptions, at the same Rate and Prices other Ships and Soldiers have been entertained by this Honourable Assembly, so as such a Sum of Money as shall be agreed upon for this Service, may be, by an Order of this House; to the Commissioners made, received and paid in the Books kept for that Purpose; that so the Adventurers may have a Lot of Land, according to their several Underwritings, by virtue of the Act passed to that Purpose, when that Kingdom shall be reduced: And to have Freedom to choose all Officers employed in this Service, with large Commissions for Sea and Land: And all the Spoil that shall be taken, to accrue to Sailors, Soldiers, and Adventurers: And to fit out Ships with such Provisions as we see fit for this Service; and not to be tied to old Customs: And that the Commissions may be out before our Subscriptions: That the Adventurers, by virtue of an Order from this House, may lawfully assemble themselves together as a Body, for the Choosing and Appointing Officers for the better Managing of this Service; and to have Warrants to press Seamen and Soldiers.
The Commission that is desired; with Privileges,
1. THAT no Restriction be made of these Ships and Men, from Seizure of any Ships and Vessels from any foreign Port, bound for Supply of the Rebels.
2. That Liberty be given to these Ships and Men, to do Execution upon the Rebels only in any Ports, Havens, Creeks, Islands, about the Coast of Ireland, where Providence and Discretion shall direct.
3. That no other Ships or Men shall have Power over those Ships or Men, but are to be directed by their own Commanders and Council; they having Commission from my Lord Admiral by Sea, and my Lord of Leicester by Land.
4. That Liberty be given to these Forces, in such Islands, Castles and Forts, as they shall surprise, to place such Persons to detain and keep the same, to destroy and demolish, as in their Discretions shall seem meet.
5. That such Persons as they shall receive and take into Service, over and above what shall be taken into Pay in our own Kingdom their Victuals and Pay shall be allowed us, upon a true Account, at the Return of our Ships, at the same Rates others are allowed.
6. That all Goods, Chattels, Money, Plate, that these Forces shall surprise and take from the Enemies, shall be divided among the Soldiers, Seamen, and Adventurers, without giving any Account for the same, but to their own Body.
Resolved, &c. That such Persons as shall adventure in this Kind, shall be admitted upon the like Conditions, until the Sum of Twenty thousand Pounds more shall be raised for the Purposes aforesaid.
Resolved, &c That this House doth assent to the Proposition made for the Setting forth of Ships and Pinnaces for the Relief of Ireland, and Hindrance of any Supplies to come by Sea, upon the same Conditions as they were presented from the Committee for Adventurers; with a Saving of his Majesty's Right, and the Right of the Lord Admiral.
Answer from the King-Magazine at Hull, &c.
RIGHT Trusty and Well-beloved Counsellor, We greet you well. Our Will and Command is, That, at the next Sitting of Our House of Peers, after your Receipt of these Our Letters, you deliver Our Answer, sent here inclosed, to be read in Our said House; and afterwards communicated to Our House of Commons; being in Answer to the Petition from Our Parliament, for Leave to be granted by Us to remove Our Magazine of Hull to the Tower of London; and for taking off Our Reprieve for the Six condemned Priests now in Newgate: For which This shall be your Warrant.
Given at Our Court at York, the Fourteenth of April, 1642.
We send you likewise, inclosed, the Warrant for the Banishing the Six Priests; which is to be made use of as the Parliament shall direct, according as We have expressed in Our said Answer in that Particular.
WHEREAS, by Our Warrant of the Twelfth of December last, We give you Order to reprieve from Execution Seven Priests condemned to die, according to Law: Forasmuch as we are informed, that the said Priests were so hindered as that they could not possibly go out of this Our Kingdom by the Day prefixed in Our Proclamation, requiring their Departure; We being therefore graciously inclined to moderate the Severity of their Punishment, have thought good rather to banish them the Kingdom; and accordingly do hereby will and command you, with all convenient Speed, to send them, or so many of them as are yet living, in safe Custody into France, or Flanders; declaring to every of the said Priests, in Our Name, that if they, or any of them, shall at any time hereafter, presume to return into this Our Kingdom of England, or Dominion of Wales, such of them as shall be apprehended here, shall, for such their Presumption, not only become utterly uncapable of Our further Mercy, but, without any further Trial, shall suffer Death as Traitors, according to the Sentence already passed upon them; which shall still remain in full Force against them, and every of them: For which this shall be your Warrant.
Given at Our Court at York, the Fourteenth of April, 1642.
To Our Trusty and Well-beloved the Sheriffs of London and Middlesex.
Magazine at Hull, &c.
WE rather expected, (and have done so long) that you should have given Us an Account, why a Garison hath been placed in Our Town of Hull, without Our Consent; and Soldiers billeted there against Law, and express Words of the Petition of Right; than to be moved (for the avoiding of a needless Charge you have put on yourself) to give Our Consent for the Removal of Our Magazine and Munition, (Our own proper Goods) upon such general Reasons as indeed gives no Satisfaction to Our Judgment. And, since you have made the Business of Hull your Argument, We would gladly be informed why Our own Inclination, on the general Rumour of the Designs of Papists in the Northern Parts, was not thought sufficient Grounds for Us, to put a Person of Honour, Fortune, and unblemished Reputation, into a Town and Fort of Our own, where Our own Magazine lay: And yet the same Rumour be Warrant enough for you to commit the same Town and Fort (without Our Consent) to the Hands of Sir John Hotham, with a Power unagreeable to the Law of the Land, or the Liberty of the Subject. And yet, of this, in Point of Right or Privilege, (for, sure We are not without Privilege too) We have not all this while complained: And being confident that That Place (whatsoever Discourse there is of publick or private Instructions to the contrary) shall be speedily given up, if We shall require it, We shall be contented to dispose Our Ammunition there, (as We have done in other Places) for the publick Ease and Benefit, as, upon particular Advice, We shall find convenient: Though We cannot think it fit, or consent, that the whole Magazine be removed together; but, when you shall agree upon such Proportions as shall be held necessary for any particular Service, We shall sign such Warrants as shall be agreeable to Wisdom and Reason: And if any of them be designed for Ulster, or Leinster, you know well the Conveyance will be more easy and convenient, from the Place they now are in.
Yet We must tell you, That, if the Fears are so great, from the Papists at home, or of foreign Force, as is pretended, it seems strange that you make not Provision of Arms and Munition for Defence of this Kingdom, rather than seek to carry any more from hence, without some Course taken for Supply; especially if you remember your Engagement to Our Scotts Subjects, for that Proportion of Arms which is contained in Our Treaty. We speak not this, as not thinking the sending of Arms to Ireland very necessary, but only for the Way of the Provision: For you know what great Quantities we have assigned, out of Our several Stores; which, in due Time, We hope you will see replenished. For the Charge of looking to the Magazine at Hull, as it was undertaken voluntarily by you at first, and (to say no more unnecessarily) so you may free Our good People of that Charge; and leave it to Us to look to, who are the proper Owner of it. And this We hope, will give you full Satisfaction in this Point; and that ye do not, as ye have done in the Business of the Militia, send this Message out of complimental Ceremony, resolving to be your own Carvers at last: For We must tell you, if any Attempt or Direction shall be made or given in this Matter, without Our Consent or Approbation, We shall esteem it as an Act of Violence against Us; and declare it to all the World, as the greatest Violation of Our Right, and Breach of Our Privilege.
Concerning the Six Priests condemned; it is true, they were reprieved by Our Warrant, being informed, That they were, by some Restraint, disabled to take the Benefit of Our former Proclamation. Since that, We have issued out another, for the due Execution of the Laws against Papists; and have most solemnly promised, in the Word of a King, never to pardon any Priest, without your Consent, which shall be found guilty by Law: desiring to banish these: having herewith sent Warrant to that Purpose, if, upon second Thoughts ye do not disapprove thereof: But, if you think the Execution of these Persons so very necessary to the great and pious Work of Reformation, We refer it wholly to you; declaring hereby, That, upon such your Resolution signified to the Ministers of Justice, Our Warrant for their Reprieve is determined, and the Law to have the Course.
And now let Us ask you, (for We are willing to husband Time, and to dispatch as much as may be under One Message; God knows, the Distractions of this Kingdom want a present Remedy); Will there never be a Time to offer to, as well as to ask of Us? We will propose no more Particulars to you, having no Luck to please, or be understood by you: Take your own Time for what concerns Our Particular; but, be sure ye have an early speedy Care of the Publick, that is, of the only Rule which preserves the Publick, the Law of the Land: Preserve the Dignity and Reverence due to That. It was well said, in a Speech made by a private Person, but published by Order of the House of Commons, this Parliament; "The Law is that which puts a Difference betwixt Good and Evil; betwixt Just and Unjust. If you take away the Law, all things will fall into a Confusion; every Man will become a Law unto himself; which, in the depraved Condition of human Nature, must needs produce many great Enormities. Lust will become a Law, and Envy will become a Law. Covetousness and Ambition will become Laws. And what Dictates, what Decisions, such Laws will produce, may be easily discerned." So said That Gentleman, and much more, very well, in Defence of the Law, and against arbitrary Power. It is worth looking over, and considering: And if the most zealous Defence of true Protestant Profession, and the most resolved Protection of the Law, be the most necessary Duty of a Prince, We cannot believe this miserable Distance and Misunderstanding can be long continued between Us; We having often and earnestly declared them to be the chiefest Desires of Our Soul, and the End and Rule of all Our Actions.
For Ireland, We have sufficiently, and, We hope, satisfactorily, expressed to all Our good Subjects, Our hearty Sense of that sad Business, in Our several Messages in that Argument; but especially in Our last, of the Eighth of this Month, concerning Our Resolution for that Service: For the speedy, honourable, and full Performance whereof, We conjure you to yield all possible Assistance, and present Advice.
Book of Rates.
Ordered, That the Book of Rates be reported on Monday Morning.