House of Commons Journal Volume 2: 04 July 1642

Pages 649-651

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, 4 Juli, 1642.


Leave to go to Yorke.

ORDERED, That Sir Roger Palmer shall have Leave to go to Yorke.

Search for Arms, &c.

That the Serjeant shall send his Servant to the Bell Savage, and other Places where the Carriers are that go Northward, to search all Trunks, Packs, and Hampers, that they shall find there: And if they find any Arms, Ammunition, or Monies, to make stay of them: And has Power to require the Justices of Peace and Constables to be aiding and assisting.

Mr. Morley and Mr. Alderman Penington are to see that the Search be diligently made.

Deputy Lieutenants.

Sir Wm. Brereton, Tho. Standish, of Tewxbury, Ralph Ashton of Downham, Robert Hide, Tho. Byrch;

Resolved, upon the Question, That the House doth approve of these Gentlemen to be Deputy Lieutenants of the County of Lancaster.

Portugueze Ambassador.

Ordered, by the and Commons, That the Earl of Warwick be desired to appoint the Captain of the Garland, formerly nominated by his Majesty for the Transport of the Portugall Ambassador, to take into the said Ship the said Portugall Ambassador, with his Retinue and Goods; and transport him accordingly: And that likewise he bring over the Lady of the Resident for Portugall, and her Retinue and Goods, if she shall be ready at Lisbone when he arrives there; staying not above Ten Days for her.

Army Pay.

Whereas the House has ordered Six thousand Pounds to be paid to Sir John Clatworthy, or such as he shall appoint, for the Payment of the Two Regiments in Ulster;

It is this Day Ordered, by the and Commons, in Parliament assembled, That the Treasurers appointed to receive the Hundred thousand Pounds lent by the several Companies of the City of London, shall forthwith pay the said Sum of Six thousand Pounds to Mr. Loftus, Deputy Treasurer at Wars for Ireland, for the Payment of the said Regiments.

Clatworthy's Adventure.

Ordered, That Sir Jo. Clatworthy shall be admitted to adventure a Thousand Pounds of the Pay due unto him for his Service in Ireland: And that the said Sum be accepted, upon the same Terms as other Sums of Money are accepted, for the Adventure in Ireland.

Affairs in Leicestershire.

A Letter from Mr. Salisbury, Servant to the Earl of Stamford, dated from Broadgate, July the Second, concerning Mr. Hasting, as High Sheriff, sending forth his Warrants to the High Constables of several Hundreds, and intending to seize the Magazine at Broadgate, the Earl of Stamford's House, if he could not have it by fair Means; His Warrant, of the Eight-and-twentieth of June, directed to Mr. Geerie of Bilsdon, One of the Head Constables of Sparkenhowe Hundred; and likewise One Letter, of the Third of July, from Leicester, subscribed by Wm. Ward, Daniel Deken, Richard Ludlam, and Wm. Franke, expressing the Manner of Mr. Hastings Coming with Forces to Leicester, and demanding the Magazine; and proclaiming Wm. Reymer, of whom the Magazine was demanded, and others, Traitors, for not yielding up the Magazine, were all this Day read;

Resolved, upon the Question, That Officers be sent down into the County of Leicester, to assist the Lord Lieutenant, and the Deputy Lieutenants, in putting the Ordinance of the Militia in Execution, for preserving the Peace of the County, for suppressing Insurrections, and safe keeping the Magazine thereof.

Resolved, upon the Question, That in case that Forces shall come or be brought from any other County into the County of Leicester, to disturb the Peace thereof, that then the Lord Lieutenant of Leicesterskire, and his Deputy Lieutenants, or any of them, shall have Power to crave Aid of the several Lord Lieutenants, and Deputy Lieutenants, of the Counties of Warwick, Northampton, Rutland, Nottingham, Lincolne, and Derby, or any of them.

Resolved, upon the Question, That in Case any Force be brought out of One County into any other County of this Kingdom, to disturb the Peace thereof, that the Lord Lieutenants, and Deputy Lieutenants, of the Counties adjoining, upon Notice given unto them of such Disturbance, by the Lord Lieutenant, or Deputy Lieutenants, where such Disturbance is made, be hereby required to give Aid and Assistance to the said other Lord Lieutenants, and Deputy Lieutenants, or any of them, so requiring the same, for the present Suppressing of such Force and Disturbers of the Peace, by Volunteers, and such of the Trained Bands of their several Counties that shall voluntarily go to give their Assistance.

Search for Arms.

Ordered, That a Search be made in the Trunks, and other Carriages, that are gone from Sir John Worsnam's House towards Yorke: And if any Arms, Monies, or Plate, be found therein, to make Stay thereof; and take an Inventory of the same.

Plate, &c. stayed.

Ordered, That the Plate stayed at Bell Savage this Day, upon Search, shall be carried into the Chamber of London; and there delivered in, upon Inventory, to remain in safe Custody till this House take further Order: And that the Saddles and Pistols there stayed shall be still kept safe, till this House give further Directions to the contrary.

Seizing Horses, &c. going to Yorke.

WHEREAS the House of Commons is this Day informed, that daily there is great Store of Horse, Saddles, Carabines, Pistols, Musquets, Swords, Powder, and other Ammunition; and also Money, Gold and Silver Plate, secretly conveyed and packed up, to be sent to York, and other Places and Counties of this Kingdom, which may prove prejudicial to the Peace of this Kingdom, and Safety of the King and Parliament: It is therefore this Day Ordered, by the Commons House of Parliament, That the Serjeant at Arms attending the said House, or his Deputy or Deputies, shall, from time to time, search all Trunks, Hampers, dry Vats, Chests, Boxes, or other Things, in all Cities, Towns, Villages, Houses, Ships, Barques, Boats, or other Places whatsoever, by Sea or by Land, for any the Particulars before-mentioned, or any other Instruments of War; and shall seize and make Stay of the same; and give present Notice thereof to the House of Commons of the several Particulars so seized and stayed by him, or them, whereby such further Course may be taken therein as to this House shall seem meet: And the Mayor, Sheriff, Constables, Headboroughs, and other his Majesty's chief Officers, residing in any City, Town, Village, or Place whatsoever, are hereby required to aid and assist the said Serjeant, his Deputy or Deputies: And this shall be their sufficient Warrant so to do. Dated the Fourth Day of July, 1642.

Resolved, upon the Question, That this Order is assented unto.

To John Hunt Esquire, Serjeant at Arms, his Deputy or Deputies; and to all Mayors, Sheriffs, Justices of Peace, Constables, Headboroughs, and all other his Majesty's Officers whatsoever.

Resolved, upon the Question, That it shall be thus ordered.

Ordered, That the Knights and Burgesses do bring in the Names of such Persons as are fit to be intrusted with the Execution of this Order in the several Counties of the Kingdom: And that the Serjeant do make a Deputation to those Persons accordingly.

Post Meridiem

Earl of Warwick's Command of the Fleet.

THE Lords and Commons in Parliament having received Notice of the Readiness of the Earl of Warwick to obey the Ordinance of both Houses, concerning his Lordship's Commanding the Fleet appointed for the Guard of the Coasts of England and Ireland; and that all the Captains of the Ships have likewise submitted to his Lordship's Command, according to the Authority derived to him by the same Ordinance; do hereby declare their Approbation and good Acceptance of his Lordship's Obedience therein, and of the Comportment of the Captains, Masters, and Mariners of the Ships; desiring his Lordship to signify unto them the Thanks of both Houses, and to assure them, that this their Forwardness to the Service of the Commonwealth shall be remembered, with such Respect as is due to Persons that have done a Service much conducing to the Safety and Peace of the Kingdom. And as for the Five Captains, Sir John Mennes, Captain Richard Fogge, Captain John Burley, Captain Robert Slingsby, and Captain Baldwin Wake, they do declare them unworthy to continue any longer their Command in this Fleet; requiring the Earl of Warwick to discharge them from their Places, and to consider of some Persons of Trust as shall be thought fit to take Charge of those Ships for the Performance of the Service in hand; and to commend them to the Approbation of both Houses. And that he apprehend the Persons of Sir John Mennes, Captain Richard Fogg, Captain John Burley, Robert Slingsby, and Baldwyn Wake, aforementioned; and send them up as Delinquents, to answer this their Contempt in Parliament; requiring all Masters and other Officers and Mariners of the Fleet to be assistant and obedient to his Lordship, in the Execution of this Order; and, for his Lordship's and their so doing this shall be their sufficient Warrant: In the Execution whereof they shall be defended by the Power and Authority of both Houses of Parliament, notwithstanding the King's declaring it to be Treason, by his Letter to the Earl of Warwick, which is altogether against Law.

Post Meridiem

Earl of Warwicke accepts the Command.

MR. Nicholas reporteth to the House, that he had delivered to the Earl of Warwicke the Ordinance of both Houses to command the Ships at Sea: Which his Lordship accepted of; but withal acquainted him, that he had received a Letter from his Majesty, requiring and commanding him to deliver up the Ships, otherwise he would proceed against him as guilty of High Treason: Whereupon his Lordship called a Council of War; and Twelve of the Eighteen of the Captains of the Ships, there present upon the Downes, came and sat in Council with his Lordship; and resolved to obey the Earl his Command, in any Service for the King and Parliament: But Sir Jo. Mince, Captain Slinglesby, and Three Captains more, refused to come to the Earl, or to deliver up their Ships: Whereupon the Mariners in One of the Ships forced their Captain to submit.

The King's Letter to the Earl of Warwicke, of the Twenty-eight of June; The Captain's Resolution of the Second of July; Sir John Mince's, and the other Captains, Letters of Refusal; were all read.

Resolved, upon the Question, That Sir John Mince, Captain Robert Slinglesbie, Captain Rich. Fogge, Captain Jo. Burley, and Captain Baldwyn Wake, shall be forth ...sent for as Delinquents.

Resolved, &c. That the Lords be moved to join with this House herein: And that the said Earl be desired to give his Assistance for the Apprehending of the said Persons.

Ordered, That Mr. Pimme, Mr. Martin, and Mr. Reygnolds, do draw a Declaration of the said Earl and Captains, with the Approbation of the good Service they have done to the Kingdom herein.

Commission of Array.

Ordered, That Nine thousand of the Declarations concerning the Commission of Array, shall be printed and published: And Mr. Purie shall take Care for the Dispersing of them into all Counties of the Kingdom.

Treaty with Scotts.

Mr. Hampden reporteth concerning the Scotts Treaty.

Resolved, &c. That this House shall insist upon the Twelfth Article.

Resolved, &c. That this House doth consent to the Amendment of the Seventh Article; viz. * * * *

Ld. Mountgomerie's, &c. Petition.

Ordered, That the Petition of the Lord Viscount Mountgomerie, and Sir James Mountgomery, be referred to the Committee for Captain Hill, and Captain Chittchester's Petition.

Message to Lords.

Ordered, That Sir Tho. Barrington do go up with this Message; To desire a conference concerning the Earl of Warwicke his Commanding the Ships at Sea; and to desire the Lords to hasten the Ordinance for the Raising of the Five thousand Men for Ireland: And to join in appointing the Ship Garland for the Transporting the Portugall Ambassador; and likewise to send down the Two Letters from Holland to Mr. Corbett.


Ordered, That the same Order be made now concerning the Entering of Customs, as was made the last Time when the Day upon the Bill of Tonage and Poundage was out, and the new Bill not passed.

Earl of Warwick's Command of the Fleet.

Ordered, That Copies of this Ordinance concerning the Earl of Warwick's Commanding the Ships, be sent to Sir Jo. Hotham, to be dispersed amongst the Commanders of the Ships upon the Northern Coasts; and also to be sent to the Captains of Ships upon the Irish Coasts.

Prisoners from Scotland.

That the Sheriff of the County Palatine of Durham be required to receive into his Custody, from the Sheriff of Newcastle, the Nine Prisoners sent thither out of Scotland; which are, by Order of this House, to be brought from Sheriff to Sheriff to London: And, if he refuse to receive them, that then he do forthwith attend this House.

Declaration read.

Mr. Serjeant Wilde presents the Declaration concerning the Reading of Declarations in Churches, &c.: Which was read; but nothing done upon it.

Information against Byerlie, &c.

Upon Information given to the House, that Mr. Byerlie the younger, and Mr. Williams, of Graye's Inne, enforced the Minister there to read the King's last Declaration against the Parliament, or threatened to throw him out of the Pulpit;

It was Resolved, &c. That Mr. Byerley, Mr. Williams, and Mr. Spilman, all of Graye's Inne, should be sent for, as Delinquents.

Persons sent for.

Resolved, &c. That Dr. Duckson of St. Clement's, and Mr. Smith his Curate, Dr. Fuller of St. Giles, Criplegate, and Mr. Hutton his Curate, and Mr. White, the Minister at the Abbey of Westminster, shall be sent for, as Delinquents.

Answer from Lords.

Sir Tho Barrington reports, That the Lords will give a present Meeting as is desired; and agrees to the Order for the Portugall Ambassador; and to send down Mr. Corbett's Letters: And for the Ordinance to levy Five thousand Men for Ireland, they will hasten the same.

Earl of Warwick, &c. thanked.

Mr. Pym reports the Declaration of Thanks to the Earl of Warwicke, &c.: Which was read, and, upon the Question, assented unto; and to be delivered at this Conference.

Message from Lords.

Message....... by Sir Edw. Leech and Dr. Aylott;

That the Lords agreed to the Instructions for the Deputy Lieutenants for Rutlandshire, with the Amendments, and Addition of some Deputy Lieutenants; and to the Propositions for the Raising of Horse; and the Amendments of both: Which were put to the Question; and assented unto.

Speaking against the King, &c.

Message....... Serjeant Whitfeild and Serjeant Glanvile;

That, at the next Conference, the Lords do desire to impart unto this House some Words spoken against the King, and both Houses of Parliament.

Answer returned by the same Messengers; That this House consents thereto accordingly.

Mr. Pym, Mr. Hampden, Mr. Nicholls, are appointed Managers of this Conference.

Raising Horse, &c.

Ordered, That the Additions to the former Propositions for Raising of Horse be forthwith printed.

Ordered, That Sir Geo. Chudley, Sir Peter Prideaux, Sir Jo. Northcott, and Sir Jo. Bampfeild, shall be the Persons employed by this House for the Advancing the Propositions in the County of Devon, for the Raising of Horse, or subscribing for Money or Plate.

Ordered, That, on Wednesday next, the Knights and Burgesses do bring in the Names of such Persons as they think fit to be intrusted by this House, for the Advancing the Subscriptions, for Horse, Money, or Plate, within the several Counties of the Kingdom.

Affairs in Rutland.

Message..... by Sir Edw. Leeche, and Dr. Aylott;

That the Lords had received a Letter from the Lord Lieutenant of Rutland, complaining of his Want of Members of this House to be Deputy Lieutenants there; who were likewise to further the Subscriptions for Raising of Horse: Which Letter was read.

Answer returned, That this House would send an Answer by Messengers of their own.

Buck', Lancaster, Resolved, &c. That this House doth Surr', approve of * * *

Prisoner discharged.

Resolved, &c. That Edward Farmory, now in the Serjeant's Custody, shall be forthwith discharged of his Imprisonment, or further Restraint.


Ordered, That Tho. Bruce, Servant to Sir Harvy Baggott, a Member of the House, taken in Execution in the County of Buck', shall have the Privilege of Parliament allowed him; and be discharged of any further Restraint: And the Sheriff of Buck' is required to discharge him accordingly.

Speaking against the King, &c.

Mr. Nicolls reports from the Conference, the Words of Mr. Elliott against the King and Parliament; and the Words spoken by Mr. Windebank, against Mr. Pym: Which were read: And

Ordered, That the Lords be moved to appoint a Committee to examine this Matter, upon Oath, in the Presence of a Committee of this House.

Hasting's Impeachment.

Ordered, That the Impeachment against Mr. Hastings be brought in To-morrow Morning.

House to sit.

Message ..... by Sir Edw. Leeche and Dr. Ailott;

That the Lords desire this House to sit awhile.

Deputy Lieutenants.

Ordered, Sir Jo. Evelyn do go up with this Message; to desire the Lords to approve of the Names of the Deputy Lieutenants for the Counties of Buck', Lancaster, and Chester.

Proceedings concerning Colpeper.

Resolved, &c. That the Committee appointed to examine the Business concerning Mr. Colpeper, be revived; to sit To-morrow, at Two.. Clock,.... Courts of Wards; and to bring in the Report.

Safety of the Kingdom.

Mr. Hollis, Sir Ph. Stapelton, Mr. Martine, Sir John Merrick, Mr. Fines, Mr. Hampden, Mr. Pierrepoint, Mr. Glynne, Mr. Pimme, Sir Wm. Waller;

This Committee is to meet with a Committee of a proportionable Number of the Lords, to take into Consideration whatsoever may concern the Safety of the Kingdom, the Defence of the Parliament, the Preservation of the Peace of the Kingdom, and of opposing any Force whatsoever which may be raised against them: And are to meet when and where they please.

Ordered, That Sir John Evelinge do carry up this to the Lords, to desire their Concurrence therein.

Commission of Array.

Ordered, That the Propositions of the Declarations concerning the Commission of Array, shall be sent into the County of Yorke, by an Express: And that Sir Phill. Stapleton do take Care to send the same accordingly.

Money for Ireland.

Ordered, That the Treasurers appointed to receive the Hundred thousand Pounds lent by the Companies of the City, shall pay the Sum of Ten thousand Pounds to Mr. Lauftus, Deputy Treasurer for the Wars for Ireland, to be disbursed by him of the Affairs of Ireland.

Persons to attend.

Ordered, That the Mayor of Leicester and Doctor Lake shall be summoned, and come in safe Custody, to attend this House.

Not to publish King's Declarations.

It is this Day Declared, That his Majesty's Command for the Reading and Publishing of Declarations in Churches or Chapels, is against the Law of the Land: And that no Minister, or other Person whatsoever, are bound to publish the same in Churches and Chapels; and if they do, they are liable by the Law to be punished by the same.

Ordered, That this Declaration, and the Declaration presented by Serjeant Wilde, shall be re-committed.

Votes concerning the Fleet, &c.

A Message from the Lords by Sir Edw. Leeche and Dr. Aylotte;

That the Lords do agree in the Votes concerning the Fleet; and the Declaration concerning the Earl of Warwicke; with certain Amendments: Which were read; and, upon the Question, assented unto.

Ordered, That the Serjeant do send One of his Men with this Declaration, and Votes, to the Earl of Warwicke.