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 Martis, 17 Maii, 1642.
Arrest of Merchant Adventurers.
ORDERED, That this Information, that some of the Merchants Adventurers have been arrested at the Suit of the Company of Clothworkers, and the Disturbance of Trade occasioned hereby, be referred to the Committee concerning the Transporting of Cloths, where Mr. Glyn has the Chair: And they are to sit this Afternoon, at Two of Clock, in the Exchequer Chamber: And the Clothworkers are to shew Reason why they should not stay their Proceedings.
Resolved, upon the Question, That Sir Lewis Dive's Committee, to the which the Election for Worcestershire is referred, shall be suspended as to That Election: And that the Cause shall take its Course at That Committee where formerly it was.
Letter, &c. referred.
That this Letter and the Note of Subscriptions in the County of Sommersett, be referred to the Committee for Adventurers.
Contributions for Ireland.
Whereas this House is informed, That the City of Exeter hath given in Contribution-money, upon the Act of Contribution for Ireland, about the Sum of Eight hundred Pounds: And whereas divers distressed Protestants do come thither out of Ireland for Relief: This House doth think fit, and so Order, That One hundred and Fifty Pounds thereof shall be delivered by the Sheriff, in whose Hands the same is, to be disposed by the Magistrates of Exeter, for the Relief of the said distressed Protestants: And the Sheriff is required forthwith to return the Residue of the said Monies remaining in his Hands, to the Treasurers at London, appointed by the Act to receive the same.
Ordered, That the Burgesses that serve for the City of Exeter, do return Thanks from this House to the Mayor, Sheriff, and Citizens of that City, for their Forwardness in, and good Example given in, their contributing so largely to the Relief of their distressed Brethren in Ireland.
Whereas Three thousand Pounds and upwards, is given by the County of Devon, upon the Act of Contribution for Ireland: And whereas divers distressed Persons, Protestants, are come out of Ireland into several Parts of that County: This House doth think fit, and so Ordered accordingly, That the Sum of Five hundred Pounds shall be paid by the Sheriff out of the said Three thousand Pounds, to be disposed of by the * * * of that County, to be disposed of for the Relief of those distressed Protestants that are come out of Ireland, into several Parts of that County: And the Sheriff is required to return the Residue, with all Speed, to the Treasurers appointed by the Act to receive the same.
Ordered, That the Knights and Burgesses that serve for the several Counties, Cities, and Boroughs, do call before them the several Sheriffs and Under Sheriffs that are now in Town, and require them to give an Account what Sums of Money are raised upon the Act of Contribution for Ireland: And to such Sheriffs and Under Sheriffs as are not in Town, they are to write Letters to that Purpose: And they are to deliver That Account to the Committee for Money; who are ordered to present the true State thereof to the House: And the House doth require a speedy Account thereof, both from the Knights and Burgesses, and from the Committee in this Business.
That an Hundred Marks, out of the Monies collected at Ipswich upon the Act of Contribution, shall be disposed of by the Bailiffs and Officers of that Town, for the Relief of such poor distressed Protestants that are come out of Ireland to that Town; and that the Residue of the Monies collected upon that Act, within that Town, be forthwith returned to the Treasurers appointed by that Act.
Resolved, upon the Question, That the Committee of Contribution shall be suspended, till the House shall take further Order therein.
Ordered, That the Committee for the Contribution do bring in, To-morrow Morning, an Account of such Monies as they have received and disbursed.
Ordered, That Mr. Long, Mr. Hooker, Mr. Herne, Mr. Rich. Blouer, and Mr. Edwards, Justices of Peace for the County of Middlesex, do use their best Endeavour to further the Getting in of Monies collected in upon the Act of Contribution for the Relief of Ireland.
An Order for the Collecting the Poll-money from the Yeomanry and others in Arrear, in the City of London, was this Day presented from the Committee, and read; and re-committed to the same Committee.
Trial of Justice Berkeley.
A Message from the Lords, by Sir Ro. Riche and Mr. Page;
The Lords commanded us to acquaint you, That they were ready this Day to have proceeded to the Trial of Justice Berkeley; but there happened to intervene some Businesses concerning the Safety of the Kingdom; which have caused them to think it fit to put it off till Saturday next, if this House shall think fit.
Answer returned by the same Messengers; That, as this House is now ready for that Trial, so they will be ready on Saturday next.
King's Command to Skippon to attend him.
A Letter of the Thirteenth of May, from his Majesty, directed to Captain Skippon, to command him (all Excuses set apart) presently to attend his Majesty's Person at Yorke, was this Day read.
Resolved, upon the Question, That, for his Majesty, at his Pleasure, to command any free-born Subject to attend his Person, not being bound thereunto by special Service, is against the Law of the Land.
Serjeant Major General Skippon was called in: And demanded, whether he were the King's sworn Servant, or bound by any special Service to his Majesty.
Who answered, That he was not his sworn Servant, nor bound by any special Service to his Majesty, that he knew of; nor ever had the Honour so much as to be admitted into his Presence.
Resolved, upon the Question, That this Command of his Majesty, to call Captain Philip Skippon, Serjeant Major General of the Forces of London, to attend his Majesty's Person at Yorke, is against the Law of the Land, and the Liberty of the Subject.
Resolved, That this Command of his Majesty to call Captain Philip Skippon, &c. to attend his Majesty's Person, being employed by both Houses to attend their Service, without their Consent, is against the Privilege of Parliament.
Resolved, That Captain Philip Skippon, &c. shall continue to attend the Service of both Houses, according to their former Commands.
Ordered, That it be referred to the Committee of the Lords and Commons, appointed to consider of his Majesty's last Messages, to make a Remonstrance unto his Majesty, and to shew how much against the Law, and the Liberty of the Subject, Commands of this Nature are; and to represent unto his Majesty the Interruptions that they cause to the Proceedings of the Parliament, and the Affairs of Ireland, and the Inconveniencies that are like to ensue thereupon; and to desire that they may be forborne hereafter.
Ordered, That a Message be sent to the Lords, to desire a Conference by Committees of both Houses, concerning a Letter sent from his Majesty to Serjeant Major Skippon, which much imports the Liberty of the Subject: And that this Letter and the Votes thereupon, be delivered at this Conference; and their Lordships Concurrence desired herein: And that the Votes may be published in Print.
Mr. Glyn, Mr. Fienis, Mr. Marten, Sir Wm. Lewes, are appointed Managers of this Conference.
Sir Anthony Irby to desire this Conference.
The House being informed, That some Gentlemen of the County of Monmouth were at the Door, who desired to prefer a Petition to this House;
They were called in; and did prefer their Petition.
Which being done they withdrew.
And their Petition was read.
And they were again called in; and Mr. Speaker, by the Command of the House ..., "That the House had read their Petition; and they find many Particulars in it of great Consequence. As for the Removing your Magazine to Newport, there is effectual Order taken in it. They have likewise taken into Consideration That Particular complained of, of the Number of Papists that flock about the Houses of Recusants in that County; and of the great Numbers of Papists that are Inhabitants of that County: They will take some Order to provide against your Fears, by communicating it to the Lords. The rest of your Petition they will take into serious Consideration for your Relief: And for the Care you express of his Majesty's Safety, and the Affection you have shewn to the Commonwealth, This House, and the Liberty of the Subject, they give you hearty Thanks."
Ordered, This Petition to be ingrossed in the Journals.
Soldiers stayed at Chester, &c.
Ordered, That Mr. Long do go to the Lord Lieutenant of Ireland, to acquaint him with the Information this House has received from Chester and Mynhead, of the Stay of the Soldiers there; and to desire him to examine where the Fault is, and to cashier them who he shall find faulty herein.
Letter to Mayor of Chester.
Ordered, That Sir Wm. Brereton do prepare a Letter to be sent to the Mayor of Chester, and others of the Gentlemen there, to take a special Care that the Soldiers may be speedy sent over after their Arrival.
Leave of Absence.
Resolved, upon the Question, That Sir Jo. Potts shall have Leave to go into the Country.
The humble Petition of Sir Jo. Borough Knight, Garter Principal King at Arms, was this Day read: And
It is Ordered, by Vote upon the Question. That it be referred to the Committee for the Navy.
Removing Term to Yorke.
A Message from the Lords, by Sir Ro. Rich and Mr. Page;
The Lords do desire a Conference, by Committees of both Houses, presently, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Removing the Term to Yorke.
Answer returned by the same Messengers; That this House has considered of their Lordships Message; and will give a present Meeting, as is desired.
Sir Anth. Irby brings Answer, That the Lords will give a present Meeting, as is desired.
Ordered, That the Managers of the Conference desired by this House shall be Reporters of the Conference desired by the Lords.
A Letter to be sent to the Committees at Yorke, was this Day read; and, by Vote upon the Question, assented unto.
Mr. Glyn reports the Conference:
Removing Term to Yorke.
That the Lord of Essex, understanding by a Rumour that there was a Command come for Removing the Term from Westminster to Yorke, acquainted the House therewith: And that the Lords presently sent to injoin the Lord Keeper to declare, whether he had received any such Command: Who upon this Injunction did acknowledge, that he had received such a Command to issue out Writs, and Proclamations to that Purpose; the which he had acquainted no Man with but the Judges till now.
Then the Lord Privy Seal acquainted them, That the Lords had made an Order in this, and had passed a Vote: The which were both read.
Resolved, upon the Question, That the King's Removing of the Term from Westminster to Yorke, sitting this Parliament here, is illegal.
Resolved, upon the Question, That the Lord Keeper of the Great Seal of England, shall not issue out any Writs, or seal any Proclamation, for adjourning the next Term from Westminster to Yorke.
Ordered, That the Lords shall be acquainted, that this House agreed with them in both the Votes sent from the Lords unto them.
House to meet.
Ordered, That the House shall meet this Afternoon, at Three of Clock.
Assembly of Divines.
Mr. Serjeant Wilde reports the Bill for calling an Assembly of Divines, to be consulted with, for the Government of the Church, &c.; and, upon Question, ordered to be ingrossed.
Ordered, That all, that will come, shall have Voices at the Committee appointed to prepare an Order for the lecting of the Poll-money, from the Yeomanry of the Companies at London, and others.
Persons abusing Agent from Toscanie.
Whereas by an Order of the Nineteenth of April, Newton, Mayo, Monmouth, and Cooke, were ordered, upon the Discharge of their Imprisonment, (being formerly committed to Prison, for Injuries done by them to Signior Amerigo, Agent for the Grand Duke of Toscanie) to make Submission unto the said Agent; which they have neglected to do: It is now Ordered, That if they shall not make Submission unto him within these Seven Days, that they shall stand committed to the Prison of the Gatehouse, during the Pleasure of the House: And the Serjeant is to give them Notice hereof.
Charge against Mr. Recorder.
Ordered, That Mr. Recorder's Charge shall be read To-morrow Morning, and carried up to the Lords by Mr. Peard.
Upon the humble Petition of the Parishioners of Wendover, in the County of Bucks;
It is Ordered, That Mr. Carter, Mr. Valentine, Mr. Beverley, Mr. Clendan, Mr. Spurstow, Mr. Blackwell, Mr. Sennatt, and Mr Woolfull, orthodox Divines, being beneficed Men in the same County, able Preachers, and of good Conversation, who are willing thereunto, shall have Liberty freely, without any Interruption, to set up and keep a Lecture every Thursday, Weekly, in the said Parish Church of the said Town of Wendover.
Sir Walth. Erle reports the Business of the Escape of Mr. Daniel Oneile: And it appeared, that the greatest Matter of Suspicion for his Escape fell upon Mrs. Sanders; who confessed she had once attempted it; but being told of the Danger of it, gave it over; notwithstanding That, many Circumstances still stuck on her, for being at least knowing of his Escape: And that thereupon he had given Order, that she should put in good Security for her Appearance at such time as she should be required.
Ordered, That the Duke D'Espernon shall have Mr. Speaker's Warrant to transport Six Horses over into France.
Ordered, That the Commissioners of Middlesex, for the Bill of Four hundred thousand Pounds, shall assess the Officers, according to a Clause of that Act: And that the Judges of the several Courts of Westminster shall cause a List of the Names of the Officers in the several Courts to be forthwith sent to the said Commissioners.
Leave to go to Ireland.
Mr. Arth. Jones has Leave to go into Ireland; and notwithstanding to continue a Member of this House.
Mr. Pym reports the Copy of an Ordinance to prevent the Gathering together of any armed Men; which was read; and, by Vote, assented unto; and ordered to be sent to the Lords.
Ordered, That Mr. Pym do prepare a Letter to be sent to the Lord Rennulagh, and to take Notice of his good Service and great Patience.
Declaration to Scotland.
Mr. Pym reports the Declaration ordered to be sent into Scotland: The which was read; and after some Debate ordered to be re-committed: And Mr. Glyn, and Sir H. Vane are ordered to be added to this Committee: And this and the other Declaration, are ordered to be brought in To-morrow Morning.
Ordered, That the Order that was made for Providing of present Monies for Monday Morning, shall stand for To-morrow Morning.
Affronts to Ly. St. John.
Ordered, That the Lady St. John's Petition, complaining of great Insolencies and Affronts done unto her by Wadsworth and others, be referred to the Committee for Informations: And they are required speedily to report the same.
Letters of Reprisal.
The humble Petition of Lucas Jacobs, John Foote, and Wm. Cuff, of London, Merchants, was this Day read: And
It is Ordered, That it be referred to the Lord Admiral, to examine the Cause; and if he find it agreeable to Law, to grant them Letters of Reprisal for their Relief.
Debt to Leigh.
2da vice lecta est Billa, An Act for Securing and Satisfying a Debt due to Wolley Leigh Esquire: Upon Question, committed unto Mr. Pym, Sir Gilbert Gerard, Mr. Wheeler, Sir Ro. Pye, Sir Tho. Dacres, Sir Ro. Coke, Mr. Ashton, Sir Jo. Evelyn, Sir Jo. Holland, Mr. Browne, Sir Edm. Montefort, Mr. Hampden, Mr. Glyn, Mr. Heveningham, Sir Simonds D'Ewes, Sir Wm. Litton, Sir Wm. Massam, Sir H. Mildmay, Serjeant Wilde, Sir Wm. Lewes, Mr. Knightley, Sir Ro. Parkhurst, Mr. Salloway, Mr. Goodwyn: And are to meet on Wednesday come Sevennight, at Two of Clock, in the Exchequer-chamber: And have Power to send for Parties, Witnesses, Papers, Records.
Message to Lords.
Sir Wm. Lewis carried up to the Lords, a Form of the Letter that this House intends to send to their Committees; and a Copy of the Ordinance for the Preventing the Assembling together of armed Men, in a warlike Manner, upon Pretence of his Majesty's Command: And was appointed to desire their Lordships Concurrence therein, and that it might be printed.
Sir Wm. Lewes brings Answer, That the Lords will send Answer by Messengers of their own.
A Message from the Lords, by Sir Ro. Riche and Mr. Page;
The Lords desire a free Conference, by Committees of both Houses, presently, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Order in Writing, and the Form of the Letter lately sent up to them from this House.
Answer returned by the same Messengers: That this House will give them a present Meeting, as is desired.
Mr. Pym, Mr. Hampden, Mr. Serjeant Wilde, Mr. Glyn, Mr. Holles, are appointed Managers of this Conference.
Col. Belinge, &c.
Ordered, That the Lords be acquainted, To-morrow Morning, by a Message, with the Directions which the State of Ireland has sent to the Mayors of Pembroke and Haverford West, concerning Colonel Belinge and Captain Darcye; and likewise, that this House conceives Colonel Beling to be a very dangerous Man; and therefore to desire that he may be kept with a great deal of Care and Safety.
Sir Walter Erle is appointed to go up with this Message.
Message from Lords.
A Message from the Lords, by Sir Ro. Riche and Mr. Page;
That the Lords have sent back unto this House the Form of the Letter, and the Order, upon which the last free Conference was desired; and do assent unto them in all Points.
Scotch Forces in Ireland.
Mr. Pym reports from the Commissioners for Irish Affairs, the Matters there depending, concerning the Treaty with the Scotts: And it was thereupon,
1. Resolved, &c. That the Lord Lieutenant of Ireland shall forthwith issue out Commissioners to Sir Wm. Balfour, Sir Rob. Adare, and the rest of the Captains of the Horse Troops appointed to join with the Scottish Army in Ireland.
2. Resolved, &c. That the House of Commons will take care to provide Ten Thousand Pounds in Money, which shall be paid to the Scottish Commissioners imprest, upon Account, towards the Pay that shall be due to their Forces in Ireland.
3. Resolved, &c. That as soon as it is certified by the English Commissary at Carrickfergus, what serviceable Arms are carried by the Forces of Scotland into Ireland, the like Proportion, both for Number and Goodness, shall be sent hence, and delivered in Scotland: And in the mean time, in Part of the Number of Arms agreed on by the Treaty to be sent out of England into Scotland, Three thousand Musquets and a Thousand Pikes shall be sent thither, as soon as the Arms that are to be brought from Hull are landed here.
4. Resolved, &c. That Arms shall be provided for the Horse Troops.
5. Resolved, &c. That Order shall be taken to supply the Magazine, so as the Forces of Scotland shall not want Victual.
6. Resolved, &c. That it be left to the Lord Lieutenant of Ireland, to make use of the Musquet Frames, as his Lordship shall see Cause.
7. Resolved, &c. That the like Allowance shall be made for the Surgeons Chests in the Scottish Army, as is made for those in the English Army, which is Five-and-Twenty Pounds apiece.
Declarations against King's raising Forces.
THE Lords and Commons in Parliament do Declare, That it is against the Laws and Liberties of the Kingdom, that any of the Subjects thereof should be commanded by the King to attend him at his Pleasure, but such as are bound thereto by special Service: And that whosoever, upon Pretence of his Majesty's Command, shall take Arms, and gather together, with others, in a warlike Manner, to the Terror of the King's People, shall be esteemed Disturbers of the publick Peace; and to do that which may introduce a Precedent of very dangerous Consequence for the future, and produce most mischievous Effects for the present; considering the great Distempers of the Kingdom; and what pernicious Counsellors and Incendiaries are now about the King; and how desperate and ill-affected divers Persons attending upon his Majesty, have shewed themselves to the Parliament, and to his other good Subjects, threatening and reproaching them publickly, even in his Majesty's Presence. And, for preventing and avoiding such great Mischiefs as may thereupon ensue, it is Ordered and Ordained, by both Houses of Parliament, That, if the Train Bands, or any other his Majesty's Subjects, shall, upon Pretence of any such Command, be drawn together, and put to a Posture of War, the Sheriff of that County, where there shall be such Raising or Drawing together of armed Men, do forthwith raise the Power of the County to suppress the same, and to keep his Majesty's Peace, according to Law: And that the Lord Lieutenants, Deputy Lieutenants, Justices of the Peace, and all other his Majesty's Subjects, be aiding and assisting to the several and respective Sheriffs, in Performance hereof, as they will answer the contrary at their Peril.
Prisoner to be released.
Ordered, That the Mayor of Haverford West shall release from any farther Restraint or Imprisonment, the Person of * * Irish Gentleman, now imprisoned, and under Restraint by your Authority, upon his taking the Oaths of Allegiance and Supremacy.