Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
This free content was digitised by double rekeying. All rights reserved.
Die Mercurii, 1 Junii, 1642.
Information against Keeling, &c.
Mr. Turner of the County of Herts, being called in, acquainted the House, That young Mr. Keeling, and the Mayor of Herts, sent unto him, and some others, who had exercised according to the Ordinance of Militia, to take their Names. At the last Sessions, Mr. Keeling gave in Charge to the Grand Jury, to present in the Names of such as had exercised in Arms: Which He, being Foreman of the Jury, refused to do; and, thereupon, he said, he would not have so much lie upon his Conscience.
He likewise informed, that the said Mr. Keeling had several times refused the Protestation; and he knew not whether he had yet taken it or no.
That Mr. Keeling, and the Mayor of Herts, be forthwith summoned to appear here.
Ordered, That the Lords be moved, That the Committee of the Lords and Commons, concerning the Militia, may meet: And that they will give Power to their Committee to prepare an Order for the Indemnity of all those that have heretofore exercised in Arms; and to draw up a Declaration, to shew that it is lawful for all such as will exercise in Arms, to do it by the Appointment of the Lord Lieutenant, and Deputy Lieutenants of the Counties, according to the Ordinance of Parliament: And likewise, to consider of the Proclamation and Declaration read in all Parish Churches, by his Majesty's Command, in Opposition of that Ordinance; and to prevent the like for the future: And likewise to prepare a Declaration, to shew the Illegality of such Proclamations; and how it is illegal to injoin Ministers to publish and read Proclamations and Declarations in the Churches: And likewise to consider, how the Deputy Lieutenants of Herts may have Power to exercise their Men in Arms, in the Absence of the Lord Lieutenant.
Message to Lords.
Sir Tho. Barrington went up to the Lords, to desire a free Conference concerning the Matter of the Conference on Monday, about the Bill for calling the Assembly of Divines; and concerning the Propositions delivered at the Conference Yesterday; and concerning the Ensign of Hull taken Prisoner by Hillyard.
He likewise carried up the Order for stopping the Monies borrowed upon the Crown Jewels; and moved the Lords, That the Earl of Warwick might be present in Essex, at the Execution of the Militia in Essex; and to expedite the Bill concerning Innovations, and scandalous Ministers.
Contribution for Ireland.
Ordered, That the Treasurers for the Contribution-money at London do pay unto the Committee for the Contribution, a Thousand Pounds, to be distributed according to their Appointment, among the poor Irish, that are now in Town.
Propositions to the King.
Resolved, upon the Question, That this Proposition shall be added to the Propositions to be sent to his Majesty; viz.
"That Your Majesty will be graciously pleased to pass a Bill, for restraining Peers, made hereafter, from sitting or voting in Parliament, unless they be admitted there-unto with the Consent of both Houses of Parliament."
Person apprehended at Hull.
That One Head of the Conference shall be, to move the Lords that a Message be sent from both Houses to the Committees at Yorke, to know upon what Ground Sir Jo. Hotham's Ensign was apprehended; and if for being in Service at Hull, to demand him; and to declare, that it is a Breach of Privilege: And that the Houses will make his Case their own; and account what is done to him, as done to themselves.
Ammunition from Hull.
Ordered, That Sir Sam. Owfield, Mr. Vassall, Mr. Rolle, and Mr. Bence, do go down to the Ships that brought the Ammunition from Hull, to see in what State the Ammunition is; and to see, that it be delivered safe into the Hands and Custody of the Officers of the Ordnance in the Tower; who are required to receive it, as from both Houses of Parliament; and to be accountable for it to the Houses of Parliament.
Ordered, That the Officers of the Ordnance shall be required to take and receive the Arms and Ammunition sent from Hull, into their Custody; and to deliver it out again, or such Quantities of it as shall be required, by Order of both Houses of Parliament: And that the Lords be desired to join in this Order.
Ordered, That the Monies collected from the Members, for coming late to Prayers, be distributed among the poor Women that daily attend the House, whose Husbands are Captives in Algiers.
Answer from Lords.
Sir Tho. Barrington brings Answer, That the Lords do agree to a Conference concerning the Amendments to the Bill for calling an Assembly of Divines; and to the Conference concerning the Propositions to be sent to his Majesty; and concerning Sir Jo. Hotham's Ensign: And, as for the Order touching the Monies borrowed upon the Crown Jewels, they will send Answer by Messengers of their own.
They will give the best Expedition they can, to the Bills concerning Innovations, and scandalous Ministers; and do agree, that the Earl of Warwick be sent to, to come and see the Militia put in Execution in Essex.
Sir Tho. Barrington is required to prepare a Letter to that Purpose.
A Message from the Lords by Sir Edw. Leech and Mr. Page;
That, whereas the Lords have received an Order from this House, concerning the Stop of Monies borrowed upon the Crown Jewels, the Lords desire to know, upon what Grounds this House is informed, that the Crown Jewels are either pawned or sold.
Answer returned by the same Messengers; That this House will send Answer by Messengers of their own.
Mr. Pym, Mr. Holles, Mr. Fienis, are appointed Managers of this Conference.
Leave of Absence.
Mr. Rose has Leave to go into the Country.
Earl of Pembroke's Bill.
Ordered, That the Committee for the Earl of Pembroke's Bill, be revived; to sit this Afternoon, at Two post meridiem, in the Court of Wards; and so, de die in diem: And that all the Lawyers be added to this Committee.
That the Report of the Soap Business be made To-morrow Morning.
Mr. Holles reports, from the Lords, That Part of the Conference that concerns the Refusing of Doctor Hammond: That divers of the Lords do give a large Testimony of him; and do desire, That before you will put that Disgrace upon him, as being nominated, not to refuse him before you hear him.
Resolved, upon the Question, That this House doth approve of Doctor Hammon, to be One of the Divines to be consulted with, concerning the Government and Liturgy of the Church.
Person to appear.
Ordered, That Mr. May shall acquaint his Brother, Mr. Adrian May, that there is an Order for his appearing here.
Resolved, upon the Question, That the House doth approve of Mr. Ralph Ashton, of Middleton, to be Deputy Lieutenant of the County of Lancaster.
Message to Lords.
Mr. Holles is appointed to go up to the Lords to acquaint them, that this House hath assented unto Doctor Hammon; and do desire, that they would pass the Order concerning the Monies borrowed upon the Jewels: the House being informed, that the Jewels are not in the Custody of those Persons where they ought to be; and that they are carried out of the Kingdom; and to desire, that the Committee concerning the Militia, may meet, to prepare an Order concerning the Indemnity of such as have heretofore mustered, &c.; and to desire, that a Committee of both Houses may be appointed to go to London (a Common Hall being called; for the Borrowing of Monies): and likewise to carry up the Names of Mr. Ralph Ashton, and Mr. Jo. Hales, to be Deputy Lieutenants of Lancashire.
Resolved, upon the Question, That the House doth approve of Mr. Jo. Hales to be Deputy Lieutenant of the County of Warwick, and the City of Coventry, and County thereof.
Landing of Arms, &c.
Mr. Holles was likewise to move the Lord Admiral, that Two Ships may be appointed to ride about Tynmouth and Newcastle, to prevent any Arms, Ammunition, or Monies, to be landed, that may disturb or annoy the Peace of the Kingdom.
Earl of Warwick.
An Order for the Earl of Warwick's repairing unto the County of Essex, for seeing the Militia put in Execution, was this Day read; and carried up by Mr. Holles.
Attendance of Members.
Ordered, That a Committee may be appointed to draw up an Order, to be sent to the Sheriffs of the several Counties, to command the Members of the House to appear forthwith, and do their Service to the House, upon the Penalty of an Hundred Pounds, and the farther Pleasure of the House.
Mr. Prideaux, Sir Jo. Evelyn, Sir Arth. Haselrig, are appointed to prepare an Order to this Purpose.
Ordered, That all Justices of Peace, Mayors, and other Officers, and likewise all Officers of the Custom-house, along the Northern Coasts, be required to make strict Inquiry and Search of all Ships that shall come into any of their Ports: And if they shall find any Arms, Ammunition, or Monies in them, to make Stay of them, till the farther Pleasure of both Houses be known.
This was likewise sent up to the Lords, by Mr. Holles.
Treaty with Scotts.
The Commissioners appointed to treat with the Scotts, presented the Articles of that Treaty: The which were read.
Resolved, upon the Question, That Ten thousand Swords and Belts, with the Residue of the Ten thousand Arms, shall be delivered to the Scotts at Leeth, 1° Julii.
These Words, "As they shall receive Orders from the chief Commanders of the Scotch Army, for the Time being," to stand in the Third Article.
Ordered, That these Words, "and remain," shall stand in the said Article.
Ordered, That these Words, "and that the Magistrates and Inhabitants thereof shall be ordained to carry themselves to the Commanders of the said Army, as is fitting and ordinary in such Cases," shall stand in the Sixth Article: And that these Words, "by the King and Parliament," shall be left out of the said Article.
That these Words, "and taken off by them at;" and likewise these Words, "One or Two;" and these Words, "as shall be agreed on;" shall be added to the Seventh Article.
Propositions to the King &c.
A Message from the Lords, by Sir Edward Leech and Mr. Page;
The Lords desire a Conference, by Committees of both Houses, presently, in the Painted Chamber, touching the Points of the last Conference concerning the Propositions to be sent to his Majesty; and touching the Commitment of an Ensign at Hull.
The Letter to be sent to the Committees at Yorke, and the Order to the Committees, were read; and assented unto.
Answer returned by the same Messengers: The House will give a present Meeting, as is desired.
Mr. Pym, Mr. Crue, Sir Ro. Coke, are appointed Managers of this Conference.
Answer from Lords.
Mr. Holles brings Answer, That the Lords do agree to all the Particulars of his Message, but to the Particulars concerning the Sending to London; and concerning the Order touching the Magazine sent from Hull: To which they will send Answer by Messengers of their own.
Loan from the City.
A Message from the Lords, by Sir Edw. Leech and Mr. Page;
That the Lords have appointed Six of their House to go, with a proportionable Number of this House, to the City, To-morrow, at Four of Clock post meridiem.
Mr. Holles, Mr. Pym, Sir Tho. Barrington, Mr. Long, Sir Peter Wentworth, Sir Jo. Holland, Mr. Trenchard, Mr. Green, Sir Jo. Evelyn, Mr. Strowd, Mr. Heveningham, Sir Robert Crane;
This Committee is to go to the City of London, with a proportionable Committee of the Lords, To-morrow, at Four of Clock, concerning the Borrowing of Monies: And are to meet with the said Committee of Lords this Afternoon, at Four of Clock, in the Painted Chamber, to consider what to propound to the Common Hall at London, and who, in the Name of the rest, shall propound it.
Ordered, That the Lord Mayor be desired to summon a Common Hall, to meet To-morrow, at Four of Clock: And that Mr. Ven do acquaint the Lord Mayor with this Order.
Propositions to the King, &c.
Mr. Pym reports the Conference concerning the Amendments to the Propositions to be sent unto his Majesty; the which Amendments were made by the Lords, to those Additions to the said Propositions sent from this House: Which were read; and by Vote, upon the Question, assented unto.
Mr. Pym went up to the Lords, and acquainted them, That this House doth agree to the Amendments to the Propositions; and carried up the Order to be sent to the Committee at York, upon Presenting of the Propositions to his Majesty; and likewise to move the Lords, That the Committee appointed to go to London may meet this Afternoon, in the Painted Chamber, to consider what to propound to the Common Hall at London, To-morrow, and who shall propound it.
Ordered, That the humble Petition of Sir Wm. Stewart and others, be referred to the Commissioners for Irish Affairs.
Ordered, That the Petition of the Surgeons, for their Waggon Monies, referred, by a former Order, to Sir John Hotham's Committee, be now referred to the Committee where Mr. Trenchard has the Chair.
Payment to Rushworth.
Ordered, That Mr. Wheeler do forthwith pay unto Mr. Rushworth, Fifty Pounds, towards the Defraying the Charges of his several Journies to York: And that, upon his Return, the House will farther consider his Merits, Pains, and Hazards, in his several Journies.
Answer from Lords.
Mr. Pym brings Answer, That the Lords do agree to the Order to the Committees at York; and that their Speaker shall write a Letter; and that they will send all the Things to their Committees fair written; and that the Committee to go to London, do meet this Afternoon, at Four of Clock, in the Painted Chamber.
Allowances to Officers, &c.
Ordered, That these Allowances following be made to the Officers and Artificers appointed to accompany the Four Pieces of Ordnance shipped for Mounster; and the Petards and Granadoes; viz. to a Petardier, Five Shillings per Diem; to a Master-gunner, Five Shillings per Diem; to Three other Gunners, One Shilling and Eight-pence each per Diem; to a Wheelwright, Two Shillings and Six-pence per Diem; to a Carpenter, Two Shillings and Six-pence per Diem; amounting in all to Twenty Shillings per Diem: And that One Month's Imprest be paid, by way of Advance, to the said Officers and Artificers; and Nine Pounds for their Tools and Necessaries; which will, in all, come to Thirty-seven Pounds.
It is further Ordered, That Five Shillings per Diem be allowed to a Physician; and Two Shillings and Six-pence per Diem to an Apothecary; to be sent into Mounster, to attend the Army there.
Allowance to Dr. Emelly.
Resolved, &c. That Twenty Pounds be allowed to Doctor Emelly, for his Transportation into Ireland.
Members at Yorke.
It is Ordered, by the Commons House of Parliament, That those Members of this House who are Committees for the Lords and Commons at York, be authorized to require all such Members of this House as now are at or about York, or shall hereafter repair thither without special Leave of this House, to return to the Parliament, and to attend here upon the Business of the Commonwealth, and of this House; as in Duty they are bound: and the Committees have Liberty to certify this House, the Names of all such Members as now are or lately have been there; and of such as have or shall be summoned by you: And they shall declare to those that remain there, that their going away in this Manner, at this Time, and their Continuing at York, is a great Affront to the House, and a Countenancing of the Wars intended against the Parliament.
Propositions to the King.
IT is Ordered, by the Lords and Commons, That the Lord Edward Herbert, Lord Fairfaxe, Sir Hugh Cholmley, Sir Philip Stapilton, Sir Henry Cholmeley, do forthwith, upon Receipt hereof, most humbly present to his Majesty the Petition and Propositions of both Houses; beseeching his Majesty, in their Names, to vouchsafe his speedy Acceptance and Answer to the same.
YOUR Majesty's most humble and faithful Subjects, the Lords and Commons in Parliament, having nothing in their Thoughts and Desires more precious, and of higher Esteem, (next to the Honour and immediate Service of God) than the just and faithful Performance of their Duty to Your Majesty, and this Kingdom; and being very sensible of the great Distractions and Distempers, and of the imminent Dangers and Calamities of those Distractions and Distempers, are like to bring upon Your Majesty, and Your Subjects; all which have proceeded from the subtle Insinuations, mischievous Practices, and evil Counsels, of Men disaffected to God's true Religion, Your Majesty's Honour and Safety, and the publick Peace and Prosperity of Your People; after a serious Observation of the Causes of those Mischiefs, do, in all Humility and Sincerity, present to Your Majesty, their most dutiful Petition and Advice, that out of Your Princely Wisdom, for the Establishing Your own Honour and Safety, and gracious Tenderness of the Welfare and Security of Your Subjects and Dominions, You will be pleased to grant, and accept these their humble Desires and Propositions, as the most necessary effectual Means (through God's Blessing) of removing those Jealousies and Differences which have unhappily fallen betwixt You and Your People; and procuring both Your Majesty and them, a constant Course of Honour, Peace, and Happiness.
1. That the Lords, and others of Your Majesty's Privy Council, and such great Officers and Ministers of State, either at Home, or beyond the Seas, may be put from Your Privy Council, and from those Offices and Employments, excepting such as shall be approved of by both Houses of Parliament: And that the Persons put into the Places and Employments of those that are removed, may be approved of by both Houses of Parliament; And that all Privy Counsellors shall take an Oath for the due Executions of their Places, in such Form as shall be agreed upon by both Houses of Parliament.
2. That the great Affairs of the Kingdom may not be concluded, or transacted, by the Advice of private Men, or by any unknown or unsworn Counsellors; but that such Matters as concern the Publick, and are proper for the high Court of Parliament, which is Your Majesty's great and supreme Council, may be debated, resolved, and transacted, only in Parliament, and not elsewhere: And such as shall presume to do any thing to the contrary, shall be reserved to the Censure and Judgment of Parliament: And such other Matters of State as are proper for Your Majesty's Privy Council, shall be debated and concluded, by such of the Nobility, and others, as shall from time to time be chosen for that Place, by Approbation of both Houses of Parliament: And that no public Act, concerning the Affairs of the Kingdom, which are proper for Your Privy Council, may be esteemed of any Validity, as proceeding from the Royal Authority, unless it be done by the Advice and Consent of the major Part of Your Council, attested under their Hands; and that Your Council may be limited to a certain Number, not exceeding Twenty-five, nor under Fifteen. And if any Counsellors Place happen to be void, in the Intervals of Parliament, it shall not be supplied without the Assent of the major Part of the Council; which Choice shall be confirmed at the next Sitting of the Parliament, or else to be void.
3. That the Lord High Steward of England, Lord High Constable, Lord Chancellor, or Lord-keeper of the Great Seal, Lord Treasurer, Lord Privy Seal, Earl Marshal, Lord Admiral, Warden of the Cinque Ports, Chief Governor of Ireland, Chancellor of the Exchequer, Master of the Wards, Secretaries of State, Two Chief Justices, and Chief Baron, may always be chosen, with the Approbation of both Houses of Parliament; and, in the Intervals of Parliament, by Assent of the major Part of the Council, in such Manner as is before expressed in the Choice of Counsellors.
4. That he or they unto whom the Government and Education of the King's Children shall be committed, shall be approved of by both Houses of Parliament; and, in the Intervals of Parliaments, by Assent of the major Part of the Council, in such Manner as is before expressed in the Choice of Counsellors: And that all such Servants as are now about them, against whom the Houses shall have any just Exception, shall be removed.
5. That no Marriage shall be concluded or treated for any of the King's Children, with any foreign Prince, or other Person whatsoever, abroad, or at home, without the Consent of Parliament, under the Penalty of a Premunire, unto such as shall so conclude or treat any Marriage as aforesaid: And that the said Penalty shall not be pardoned, or dispensed with, but by Consent of both Houses of Parliament.
6. That the Laws in Force against Jesuits, Priests, and Popish Recusants, be strictly put in Execution, without any Toleration, or Dispensation to the contrary: And that some more effectual Course may be enacted, by Authority of Parliament, to disable them from making any Disturbance in the State, or eluding the Law, by Trusts or otherwise.
7. That the Votes of Popish Lords in the House of Peers may be taken away, so long as they continue Papists: And that his Majesty would consent to such a Bill as shall be drawn for the Education of the Children of Papists, by Protestants, in the Protestant Religion.
8. That Your Majesty will be pleased to consent, that such a Reformation be made of the Church Government and Liturgy, as both Houses of Parliament shall advise; wherein they intend to have Consultations with Divines, as is expressed in their Declaration to that Purpose: And that Your Majesty will contribute Your best Assistance to them, for the Raising of a sufficient Maintenance for Preaching Ministers, through the Kingdom: And that Your Majesty will be pleased to give Your Consent to Laws for the Taking away Innovations, and Superstition; and of Pluralities; and against scandalous Ministers.
9. That Your Majesty will be pleased to rest satisfied with the Course that the Lords and Commons have appointed for ordering the Militia, until the same shall be further settled by a Bill: And that Your Majesty will recall Your Declaration and Proclamations against the Ordinance made by the Lords and Commons concerning it.
10. That such Members of either House of Parliament, as have, during this present Parliament, been put out of any Place and Office, may either be restored to that Place and Office, or otherwise have Satisfaction for the same, upon the Petition of that House whereof he or they are Members.
11. That all Privy Counsellors and Judges may take an Oath, the Form whereof to be agreed on, and settled by Act of Parliament, for the Maintaining of the Petition of Right; and of certain Statutes made by the Parliament, which shall be mentioned by both Houses of Parliament: And that an Inquiry of all the Breaches and Violations of those Laws may be given in Charge, by the Justices of the King's Bench, every Term, and by the Judges of Assize, in their Circuits; and Justices of Peace, at the Sessions; to be presented and punished according to Law.
12. That all the Judges, and all Officers placed by Approbation of both Houses of Parliament, may hold their Places quam diu bene se gesserint.
13. That the Justice of Parliament may pass upon all Delinquents, whether they be within the Kingdom, or Red out of it: And that all Persons cited by either House of Parliament, may appear, and abide the Censure of Parliament.
14. That the general Pardon offered by Your Majesty may be granted, with such Exceptions as shall be advised by both Houses of Parliament.
15. That the Forts and Castles of the Kingdom may be put under the Command and Custody of such Persons as Your Majesty shall appoint, with the Approbation of Your Parliament; and in the Intervals of Parliament, with Approbation of the major Part of the Council, in such manner as is before expressed, in the Choice of Counsellors.
16. That the extraordinary Guards, and military Forces, now attending Your Majesty, may ... removed and discharged: and that, for the future, you will raise no such Guards, or extraordinary Forces, but according to the Law, in case of actual Rebellion or Invasion.
17. That Your Majesty will be pleased to enter into a more strict Alliance with the States of the United Provinces, and other neighbour Princes and States of the Protestant Religion, for the Defence and Maintenance thereof, against all Designs and Attempts of the Pope, and his Adherents, to subvert and suppress it: Whereby Your Majesty will obtain a great Access of Strength and Reputation, and Your Subjects be much encouraged and enabled, in a Parliamentary Way, for your Aid and Assistance in restoring Your Royal Sister, and her Princely Issue, to those Dignities and Dominions, which belong unto them; and relieving the other distressed Protestant Princes who have suffered in the same Cause.
18. That Your Majesty will be pleased, by Act of Parliament, to clear the Lord Kimbolton, and the Five Members of the House of Commons, in such Manner that future Parliaments may be secured from the Consequence of that evil Precedent.
19. That Your Majesty will be graciously pleased to pass a Bill for restraining Peers made hereafter, from sitting or voting in Parliament, unless they be admitted there-unto with the Consent of both Houses of Parliament.
And, these our humble Desires being granted by Your Majesty, we shall forthwith apply ourselves to regulate Your present Revenue, in such Sort as may be for Your best Advantage; and likewise to settle such an ordinary and constant Increase of it, as shall be sufficient to support Your Royal Dignity in Honour and Plenty, beyond the Proportion of any former Grants of the Subjects of this Kingdom, to Your Majesty's Royal Predecessors.
We shall likewise put the Town of Hull into such Hands as Your Majesty shall appoint, with the Consent and Approbation of Parliament; and deliver up a just Account of all the Magazine; and chearfully employ the uttermost of our Power and Endeavour, to the real Expression and Performance of our most dutiful and loyal Affections, to the Preserving and Maintaining the Royal Honour, Greatness, and Safety, of Your Majesty, and Your Posterity.