House of Commons Journal Volume 2: 05 May 1642

Pages 557-560

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 Jovis, 5 Maii, 1642.


Importation of Currans.

ORDERED, That Mr. Browne do prepare a Bill, and offer it to the House, for the Inhibiting the Importation of Currans, from the First of August next; according to the Resolution and Order of the House: And he is to bring it in To-morrow Morning.

Resolved, upon the Question, That the Rate of Currans sold by the Retailers, shall not be above Four-pence Halfpeny the Pound, in any Part of the Kingdom.

Agent to Constantinople.

Ordered, That the Lords be moved, that the Committee of Lords and Commons may meet, and consider of a fit Person to be sent to Constantinople, to move the Grand Signor concerning the English Captives.

Transporting Lead to Edinborough.

Ordered, That the Inhabitants of Edenborough, or such Person or Persons as shall be deputed by them, according to his Majesty's Grace and Favour unto them, shall have Liberty to transport out of England, to the City of Edenborough, Five hundred Fodder of Lead, Custom-free, towards the Building of Churches there, or other such publick Use; giving Security before the Shipping thereof, that the said Lead, nor any Part thereof, shall be employed or converted to any private Use.

Franciscan Frier, &c.

Ordered, That the Sheriff of Caermarthenshire shall send back the Franciscan Frier to the Gaol of the County of Pembroke, that Proceeding may pass upon him according to Law: And that the High Sheriff of that County do receive him at the Confines of that County: And that the rest of the Prisoners be delivered to the Sheriff of Brecon, to be brought up from Sheriff to Sheriff, according to the former Order of this House: And that the Sheriff of Brecon be summoned to answer his Contempt.

Trial of Beling.

Sir Walth. Erle is appointed to go to the Lords, to desire their Lordships, that Colonel Beling, in regard of the great Businesses of Parliament, may be referred to a speedy Trial at the King's Bench; and that they would give Order to some of the King's Learned Counsel to prepare and manage the Evidence against him.

Loan from Merchant Adventurers.

IT is this Day Ordered, and Commons assembled in Parliament, That the Twenty thousand Pounds, now lent unto the Houses by the Fellowship of Merchants Adventurers of England, shall be repaid unto them, or their Assignees, together with Interest, after the Rate of Eight per Cent. for a Year, out of the Monies which shall be paid into the Chamber of London, of the Receipt of the Four hundred thousand Pounds lately granted by way of Subsidy: And that this Ordinance shall be a sufficient Warrant unto the Commissioners of both Houses, nominated and appointed in the said Act, to authorize the Lord Mayor of London, and the other Commissioners of the City therein also named, to make due Payment of the said Principal and Interest out of such Monies as shall come to their Hands of the said Subsidy of Four hundred thousand Pounds.

Security for Loans, &c.

Ordered, That the Committee for the State of Accounts shall have Power to consider of some Way to secure such Monies as shall be necessary to be borrowed for the Service of the Commonwealth: And that they do consider how the Hundred and Ten thousand Pounds, the First Payment of the Brotherly Assistance, may be advanced and paid to the Scotts, at the Time appointed: And that this Committee do meet this Afternoon, at Two of Clock, in the Star-chamber: And all that will come, to have Voices: And that they do meet constantly Thursdays and Tuesdays; and at such other Times as they shall see most convenient.

Gardiner's Impeachment.

The Articles of Impeachment of Sir Tho. Gardiner Knight, Recorder of the City of London, were this Day read, one by one: And the First Article for the present, was laid aside by Vote.

Kent counter Petition.

The House being informed, that divers Gentlemen of the County of Kent were at the Door, that desire to present a Petition to the House:

-That there was a Petition lately framed at Maidston, which did intitle all the County, though there were many that dissented from it, which are now come to disclaim it.

They presented their Petition: And then they withdrew.

And their Petition was read.

And they were then called in again: And Mr. Speaker, by the Command of the House told them, "The House had seriously read their Petition; and finds it full of Matter of Weight and Consequence; wherein you have expressed so much Duty to his Majesty, Love and Respect to this House, and Care of the Commonwealth: For which they return you hearty Thanks, in the best Manner they can: And as for the Militia, you know what has been done: The Care you desire to be had of the Forts, this House * * * *"

Members to attend.

Ordered, That Sir Ralp Hopton, and Mr. Tho. Smyth, Members of this House, be forthwith summoned to attend the Service of the House.

Answer to the King respecting Hull.

A Message from the Lords, by Sir Ro. Riche and Dr. Ayloffe;

The Lords have returned unto this House the Answer that was to be made to the Messages from his Majesty, concerning Sir Jo. Hotham's Refusal to admit the King into the Town of Hull, with One Amendment.

They have likewise sent the Instructions; the which they have assented unto, with One *.

Message to Lords.

Sir Walth. Erle likewise carried up the Ordinance of Parliament, to secure the Merchants Adventurers the Twenty thousand Pounds lent by them for the Service of the Commonwealth; and likewise the Declaration appointed to accompany the Ordinance of the Militia, amended according to the Lords Amendments, the which he was appointed to desire it might be printed: He likewise carried up the Answer to his Majesty's Messages, concerning Sir J. Hotham and Hull; and likewise the Instructions to be given to the Committees sent into Yorkeshire.

Arms, &c. for Denbigh.

Ordered, That Sir Bevis Thelwall shall forthwith issue out such Monies as are levied for the Buying of the Arms and Ammunition for the Defence of One Division of the County of Denbigh, and remaining in his Hands, to the Lord Fielding; and to the end the Arms and Ammunition provided for that County may be forthwith paid for.

Criplegate Petition.

Ordered, That the Petition of the Parishioners of Criplegate shall be read To-morrow Morning, the first Business: And some of those that do subscribe the same, are to be here to avow the Petition.

Further, Ordered, That the Certificate made concerning that Parish shall be likewise read.

Trial of Judge Bartley.

Ordered, That Mr. Constantine, Mr. Lisle, and Mr. Nicholas, be added to the Committee appointed to manage the Evidence at the Trial of Judge Bartley: And they are to meet To-morrow, at Two of Clock, in the Court of Wards: And are to consider of the best Way for the House to proceed upon the Charge against Judge Bartley; and to bring in their Opinions on Saturday next at farthest.

Loan from the City.

Sir Tho. Barrington, Sir Wm. Litton, Mr. Long, Mr. Pym, Sir Henry Mildmay, Sir Mart. Lumley, are appointed to repair to the Common Council of the City of London, and to move them to the Loan of Monies, either upon the Bill of Four hundred thousand Pounds, or other Security.

Charge against Mr. Recorder.

Ordered, That the Charge against Mr. Recorder shall be recommitted to the same Committee: And all the Lawyers of the House, and Mr. Browne, are added to that Committee: And are to meet this Afternoon, at Two . . Clock, in the Inner Court of Wards: And they are injoined to attend that Business.

Bishop of Canterbury.

Ordered, That the Committee concerning the Bishop of Canterbury, do meet on Tuesday, at Two . . Clock, in the Court of Wards: And they are injoined to attend that Business; and to bring in the same on Thursday Morning.

Answer from Lords.

Sir Walter Erle brings Answer, That the Lords do agree Colonel Bealinge shall be proceeded against according to the Desire of this House; and that some of the King's Counsel shall attend it: They agree to the Ordinance for the Merchant Adventurers Twenty thousand Pounds they advanced for the Service of Ireland: And for the Declaration concerning the Militia they will publish it in convenient Time.

He said further, he had likewise delivered the Answer of both Houses to his Majesty's Two Messages concerning Hull; and the Instructions to the Committee that is to go to Yorke.

Parliamentary Protections.

Ordered, That the Committee for the Bill of Protections do meet To-morrow, at Two post meridiem, in the Star-chamber; and do report in what State that Bill stands, speedily.

Members Debts.

Ordered, That Mr. Speaker shall, To-morrow, some time when he conceives the House is fullest, put the House in mind of the Debate that has been here, concerning Petitions to be presented to this House, against such Members as owe Money.

Strode's Impeachment.

Ordered, That the Impeachment of Sir Geo. Strode be carried up to the Lords To-morrow Morning.

Money for Service of Ireland.

Ordered, That the Receivers appointed by the Act concerning the Adventurers for Ireland, be required and directed by both Houses to issue forth Ten thousand Pounds, out of the Monies that come in upon that Act, to the Committee of Adventurers of London; to be by them employed for the Providing of Arms, and other Necessaries, as shall be requisite for the Setting forth of such Forces as are agreed, by the Adventurers, to be raised for the Service of Ireland.

Press-warrants, &c.

Ordered, That the Lord Admiral be desired to grant Commissions and Press-warrants unto such Captains and Masters as shall be recommended by the Committee appointed for the additional Forces for Ireland, and approved of by his Lordship: And that it be referred to Mr. Whittlock, and Mr. Reynolds, to prepare Instructions to accompany such Commissions as shall be granted to such Captains, and Masters, as aforesaid.

Committees in the North.

Resolved, upon the Question, That Two hundred Pounds shall be delivered to the Committees that are employed into the North, by Mr. Wheeler, to be disposed of upon that Service.

Committee to the King.

Ordered, That if the King shall be removed out of the County of Yorke, before the Committees Arrival, that then they shall not need to repair unto his Majesty, until they shall receive further Order from this House.

Warminster Lecturer.

Upon the humble Petition of divers Inhabitants and Borderers upon the Town of Warminster, in the County of Wilts, desiring that a Lecture may be weekly kept in the said Town, by divers Ministers, whose Names are here inserted, and who are willing to bestow their Pains to preach there accordingly; it is this Day Ordered, That a Lecture be kept in the said Town every Thursday in the Week. And this House doth approve of Mr. Maxwell, Mr. Scudder, Mr. Chambers, Mr. Coombes, Mr. Carpenter, Mr. Strickland, Mr. Hunton, Mr. Sanger, Mr. Tice, Mr. Bariew, Mr. Dyer, Mr. Rosewell, Mr. Cooper, Mr. Barnes, Mr. Wardner, Mr. Phipp, and Mr. Francklyn, to be the Ministers, being orthodox Divines, and in Orders, to preach there accordingly: And the Minister of the said Parish is hereby required to permit the said Persons to preach there on the said Lecture Days, in the Parish Church of the said Town.

Answer to the King, on Refusal of Admittance to Hull.

The most humble Answer of the Lords and Commons in Parliament, to Two Messages from Your Sacred Majesty, concerning Sir John Hotham's Refusal to give Your Majesty Entrance into the Town of Hull.

YOUR Majesty may be pleased to understand, That we, Your great Council, finding manifold Evidences of the wicked Councils and Practices of some in near Trust and Authority about You, to put the Kingdom into a Combustion, by drawing Your Majesty into Places of Strength remote from Your Parliament, and by exciting Your People to Commotions (under Pretence of serving your Majesty) against Your Parliament; lest this malignant Party, by the Advantage of the Town and Magazine of Hull, should be enabled to go through with their mischievous Intentions, did, in Discharge of the great Trust that lies upon us, and by that Power which in Cases of this Nature resides in us, command the Town of Hull to be secured, by a Garrison of the adjoining Trained Bands under the Government of Sir John Hotham, requiring him to keep the same for the Service of Your Majesty and the Kingdom: Wherein we have done nothing contrary to Your Royal Sovereignty in that Town, or legal Propriety in the Magazine. Upon Consideration of Sir John Hotham's Proceedings at Your Majesty's being there, we have, upon very good Grounds, adjudged, that he could not discharge the Trust upon which, nor make good the End for which, he was placed in the Guard of that Town and Magazine, if he had let in Your Majesty, with such Counsellors and Company as then were about You.

Wherefore, upon full Resolution of both Houses, we have declared Sir John Hotham to be clear from that odious Crime of Treason; and have avowed, That he hath therein done nothing, but in Obedience to the Commands of both Houses of Parliament: Assuring ourselves, that, upon mature Deliberation, Your Majesty will not interpret his Obedience to such Authority to be an Affront to Your Majesty, or to be of that Nature as to require any Justice to be done upon him, or Satisfaction to be made to Your Majesty; but that You will see just Cause of joining with Your Parliament, in preserving and securing the Peace of the Kingdom; suppressing this wicked and malignant Party, who, by false Colours and Pretensions of maintaining Your Majesty's Prerogative against the Parliament, (wherein they fully agree with the Rebels in Ireland) have been the Causes of all our Distempers and Dangers.

For Prevention whereof, we know no better Remedy, than settling the Militia of the Kingdom, according to the Bill which we have sent Your Majesty, without any Intention of deserting or declining the Validity or Observance of that Ordinance which passed both Houses upon Your Majesty's former Refusal; but we still hold that Ordinance to be effectual, by the Laws of this Kingdom.

And we shall be exceeding glad, if your Majesty, by approving these our just, dutiful, and necessary Proceedings, shall be pleased to entertain such Councils as we assure ourselves, by God's Blessing, will prove very advantageous for the Honour and Greatness of Your Majesty; the Safety and Peace of Your People: Amongst which we know none more likely to produce such good Effects, than a Declaration from Your Majesty, of Your Purpose to lay aside all Thoughts of going into Ireland; and to make a speedy Return into these Parts, to be near Your Parliament; which, as it is our most humble Desire and earnest Petition, so shall it be seconded with our most dutiful Care for the Safety of Your Royal Person; and constant Prayers that it may prove honourable and successful in the Happiness of Your Majesty, and all Your Kingdoms.

Instructions to Yorkshire Committee.

Instructions for the Lord Edward Howard, the Lord Fairfax, Sir Hugh Cholmely, Sir Philip Stapilton, Sir Henry Cholmley, Committees of both Houses of Parliament, or any Three of them.

1. YOU shall, in the Name of both Houses, declare and publish unto the Sheriff of the County of York, the Knights, Gentlemen, and other his Majesty's Subjects in that County, That Sir John Hotham was by us commanded to secure the Town of Kingston upon Hull, and the Magazine there, for his Majesty's Service, and the Peace of the Kingdom; which otherwise would have been much endangered: And that, upon the same Reason, what hath since been there done by him hath been necessary, in pursuance of those Directions; and is by us avowed, and approved of, as warranted by the Authority of both Houses of Parliament.

2. You shall further take care, that such Resolutions and Orders of both Houses, as have been or shall be sent down, be put in Execution; and shall require the Sheriff, Justices of Peace, and all other his Majesty's Officers, and loving Subjects, to be aiding and assisting to you for that Purpose.

Instructions to Yorkshire Committee.

3. You shall take care, that no Forces be raised for the Forcing of the Town of Hull, or otherwise to disturb the Peace of the Kingdom: And in case any be raised, you shall require the Sheriff, in the Name of both Houses, to command them to disperse themselves: And if they refuse so to do, that then the Sheriff, by the same Authority, forthwith raise the Power of the County for the Suppressing of them. And you shall likewise, by the same Authority, require the Lord Lieutenant, appointed by the Ordinance of Parliament, and in his Absence the Deputy Lieutenants, to draw together the Trained Bands for the Assistance of the Sheriff in so doing.

4. Whereas we are informed, That his Majesty did at York, propound unto the Knights and Gentlemen of that County there assembled by his Command, that they would join with Him for the Defence and Assistance of his own Person, you shall declare unto them, and all others, that it hath ever been, and still shall be, the chief Care and Endeavour of the Parliament, to provide for his Majesty's Safety; and that they do not know of any Evil intended unto his Royal Person, which should move him to take such a Course: That his greatest Safety is in the Affection, Duty, and faithful Advice of his Parliament; and the greatest Danger in this withdrawing himself from them, and proceeding in Ways contrary unto them, so as the disaffected and malignant Party, under Colour of his Service, go about to raise a Faction and a Party against the Parliament; which at last may break out into open Rebellion, to the Destruction of King and People, if it be not, through the Blessing of God, prevented by the Wisdom and Authority of Parliament.

5. That in case there be a Necessity of raising the Forces of the County, for the Suppressing of any Insurrection, and keeping the Peace, you shall require Sir John Hotham to deliver out such Proportion of Arms and Ammunition out of the Magazine there, as shall be necessary for that Service. And you shall publish and declare, That the Parliament holds it lawful and necessary, to dispose of the publick Magazines of the Kingdom, for the Defence of the Kingdom; as likewise for the Suppression of the Rebellion in Ireland, which doth so much concern the Safety of this Kingdom: But that it is their Intention and Resolution to store them again, as holding it fit such a Proportion should still be in Readiness, upon all Occasions, for the Service of the King, and Defence of the Commonwealth.

6. Whereas we are informed, That divers Persons summoned to appear at the Parliament, have received a Command under his Majesty's Hand, That they should not come, but abide still near his Majesty's Person (for which we conceive them of all others the most unfit); and that the Sheriff hath also been commanded by his Majesty not to execute any Warrant or Order upon them: You shall let the Sheriff know, That the House of Parliament will expect that their Orders and Commands shall be obeyed, the same being his Majesty's Authority, signified by his highest Court; and that any Restraint or Command to the contrary is against Law, and the Privilege of Parliament.

7. You shall endeavour to clear the Proceedings of Parliament from all Imputations and Aspersions; and shall from time to time, certify us of all things you conceive necessary for the present Service: And that we may have a speedy Account of it, and our Directions to you, as well as your Advertisements to us, may have a clear and ready Passage, you shall lay a streight Charge upon all Post-masters, That they do not suffer any Letters, or other Dispatches, directed to or from the Parliament, to be intercepted or stayed: And if they shall presume to make such Stay of those Dispatches, you shall direct the Post-masters to repair to the Justices of Peace, Constables, and all other Officers for their Aid and Assistance; who are hereby required to take special Care there may be no such Interruption.

8. You shall observe and execute all such further Directions and Instructions as you shall from time to time receive from both Houses of Parliament.