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, 5 Julii, 1642.
Ordered, That this Proposition made by Mr. Spurstoe, in the Behalf of some Citizens well affected to the Peace ...Safety of the Kingdom, who offer to furnish and set forth a Hundred Horse, be referred to the Committee for the Defence of the Kingdom.
Letters from the King.
There came inclosed in this Letter from the Committee at Hull, a Pacquett of Letters, stiled, Mr. Ashburneham's Pacquet; in which was inclosed Four several Letters supposed to come from his Majesty: The which were not read; nor opened; but referred to the Committee.
That the Lords shall be acquainted, at a Conference, with the Letters from Sir Jo. Hotham, which is to be read at the Conference. And the Lords are likewise to be acquainted with the Letters inclosed in Sir Jo. Hotham's Letter: and that the Opinion of this House is, That these Letters be referred to their Committee appointed for the Defence of the Kingdom, and to be opened by them: And to desire the Lords, if they shall think fit, to do the like.
Affairs of Leicestershire, &c.
Mr. Selden, Mr. Glyn, Serjeant Wilde, Mr. Reynolds, Mr. Cage, Mr. Grimston, Mr. Lane, Sir Simonds D'Ewes, Sir Arth. Haselrig, Mr. Bagshaw, are presently to withdraw, to consider of the Legality of the Discharge of One Sheriff of Leicestershire, and making the other; and likewise of the Proclaiming of the Earl of Stamford, and others, Traitors; and to prepare some Declaration in this Business; and of the Power of the Sheriff, in Seizing of the Magazine of the County: And they are likewise to consider of the Impeachment of the Lord Mayor.
Payment to Aiscoug.
Ordered, That the Hundred Pounds paid by Sir Edward Aiscoug, among other Monies, to Sir Jo. Hotham at Hull, and desired to be repaid in London, be forthwith paid accordingly: And that it be referred to Sir Ro. Pye and Mr. Wheeler, to consider how it may be speedily paid.
Not to publish King's Proclamations, &c.
WHEREAS several Proclamations, Declarations, and Papers in Forms of Proclamations, have issued out in his Majesty's Name, commanding Parsons, Vicars, Curates, Sheriffs, Mayors, Bailiffs, and other Officers, to publish and proclaim the same; being contrary to Law, and to divers Orders, Ordinances, and Declarations of both Houses of Parliament; and much to the Scandal and Derogation of both the said Houses: Be it Ordered and Declared, by the Lords and Commons in Parliament, That no Sheriff, Mayor, Bailiff, Parson, Vicar, Curate, or other Officer, shall, from henceforth, publish or proclaim, or cause to be proclaimed or published, any such Proclamations, Declarations, or Papers, which are, or shall be, contrary to any Order, Ordinance, or Declarations of the said Houses of Parliament, or tending to the Scandal or Derogation of their Proceedings; but shall use all lawful Ways and Means to restrain and hinder the Proclaiming and Publishing thereof. And all Sheriffs, Mayors, Bailiffs, Parsons, Vicars, and Curates, or other Officers, that have forborne or refused, or shall forbear or refuse, to publish or proclaim any such Proclamations, Declarations, or Papers, as aforesaid, or have or shall hinder the Publication thereof, shall be protected by the Power and Authority of both Houses of Parliament.
Relief of Irish Ministers, &c.
The Petition of the Distressed Ministers of Ireland, now residing in the City of London, whose Names are subscribed, and now read, be referred to the Committee for Contribution, for Relief; and the Commissioners for Irish Affairs, for Employments.
Ordered, That the Petition of the distressed Protestants of Ireland, now in London, be referred to the Committee for Contribution, for Relief, and to the Commissioners for Irish Affairs: And they are to consider of them, to dispose of them in some Way according to their Quality; and to recommend such as have been Soldiers, to be listed among the Reformadoes.
Ordered, That the Petition of certain distressed Protestants of Ireland, being English, be referred to the Committee for Contribution, for Relief: And that the Trea surers appointed by the Act of Contribution, do pay into the Hands of the Committee for Contribution, One thousand Pounds, to be dispersed among all these poor Petitioners.
White's, &c. Imprisonment.
Ordered, That the Lord Chief Justice be desired from this House, to take Care that Two Irish Gentlemen, Francis White and Hugh *, sent from Ilchester Gaol hither, by Habeas Corpus, be not released, before this House takes Notice thereof.
Message to Lords.
Sir Wm. Lewes likewise carried up to the Lords the Instructions for Rutlandshire, with the Lords Amendments, to which this House assented; and likewise added Three Deputy Lieutenants for that County; viz. Lord Gray, Sir Wm. Armyn, and Sir Arth. Haselrig: To which he is to desire their Lordships Consent.
Courts of Justice in Ireland.
A Letter from the Lords Justices and State of Ireland, * the great Distresses and Wants of the Judges and Officers of the Courts of Justice in Ireland, to the Consideration of this House: And likewise the Petition of the Lord Chancellor of Ireland, and other Officers of the Courts of Justice there, was this Day read; and referred to Mr. Green, Alderman Penington, Mr. Wheeler, Mr. Whittacre, Mr. Long, Sir Wm. Waller, Sir Edw. Hungerford, Sir Gilbert Gerard, Sir Robert Pye, Sir Tho. Barrington, Mr. Trenchard, Mr. Bagshaw, Sir Sam. Rolle: Who are to meet To-morrow in the Afternoon, at Two of Clock, in the Treasury-Chamber.
Answer from Lords.
Prosecution of Whetcombe.
That the Lord President of Munster, and Council of War, be desired to hinder any Prosecution upon the Indictment of Trestram Whetcombe, for any Letters he hath sent into England; and to stop all Proceeding thereupon, until the Parliament shall take further Order therein; and shall be further informed of the Grounds of that Indicment, and of the Proceedings: And the Lords are to be desired to join herein: And Mr. Pym is appointed to write a Letter to this Purpose.
Relief of Fortescue.
Ordered, That the Petition of Elizabeth Fortescue, Wife of Serjeant Major Chichester Fortescue, be referred to the Committee for Contribution, for Relief of the Petitioner: And this House doth specially recommend the said Petition to the Consideration of that Committee, in regard of her great Worth, and her great Losses.
Person sent for.
Resolved, upon the Question, That Mr. Hall, Curate of the Church in the Convent Garden, be forthwith sent for, as a Delinquent, for publishing in that Church his Majesty's Declaration concerning Levies.
Mr. Holles reports, That they have delivered the Letters to the Lords, at the Conference: That the Lords have given Order for their Committee to meet; and have opened the Cover of the Letters; and find Two Letters open, and Two sealed up: And have given Order to their Committee to communicate those that were open with the Committee of this House.
Shepton Mallet Lecturer.
The humble Petition of all those whose Names are thereunto subscribed, Inhabitants and Parishioners of the Town of Shepton Mallet, in the County of Somersett, concerning a Lecturer that was recommended unto them by a former Order of this House, was this Day read; and nothing done upon it.
Restraining publishing of Proclamations.
Horses, &c. to Newcastle.
Relief of Cawfield.
Ordered, That the Commissioners for the Loan and Contribution Money at London, shall pay unto Mr. Richard Facie, School Master of Henley upon Thames, One hundred Pounds, out of the Monies that are come in upon that Act, to be employed for the Relief of Wm. Cawfield, and George Cawfeild, Sons of the late Wm. Lord Cawfeild, deceased, and Brethren to Toby Lord Cawfeild; who, since the Rebellion in Ireland, was cruelly murthered by some Forces of Sir Phelymin Oneile; and their Mother, with her small Children, are still detained in Prison, and utterly ruined in her Fortune, and despoiled of her Estate; the said Wm. and George Cawfeild being, at this Time, and having been for a long Time, placed with the said Mr. Facie, for the Learning the Greek and Latin Tongues, and other fitting Qualities.
Impeachment of Ld. Mayor.
"That Sir Richard Gourney * on or about the last Day of June 1642, being then Lord Mayor of the City of London, in several Places of the said City, unlawfully and maliciously caused a Proclamation to be made, for putting in Execution the Commission of Array, tending to the Raising Forces against the Parliament, and Subverting the Laws and Peace of the Kingdom."
Waggon, &c. released.
WHEREAS a Waggon and other Goods of Sir John Wolstenholme,... stopped, and made Stay of, by Order of this House, until they were searched: And the House being informed, that they have been searched, and that there is nothing that may endanger or prejudice the Peace or Safety of the Kingdom; and that they are going, together with himself and his Family, to his House in Yorkshire: It is this Day Ordered, That the said Waggon and other Goods be forthwith released, and suffered to be quietly conveyed to his House, without any further Lett or Stay.
Forces for Ireland.
Lord Lieutenants, &c.
The Order for One Lieutenant to assist another, upon the Request of * * *, requiring the same, with One Amendment, to be added to the End of that Order; viz. "by Volunteers of their several Counties;" this Amendment thus altered by this House, "by Volunteers of the Trained Bands, and others as shall voluntarily go to give their Assistance."
Restraining publishing of Declarations.
Answer to Lords.
Letters, &c. from the King.
The Letters and Warrants, that were open, were ordered to be read; and were read accordingly: The others, which were sealed with the King's private Seal, out of Respect of his Majesty, was not meddled with.
Examination of Spilman.
Mr. Spilman being called in; and kneeling a little while, he was bid to stand up: And being asked, whether he went up to the Antient's Table, and pressed there, that the King's Declaration might be read in Graies Inn Chapel; confessed he did.
Pinchback's, &c. Arrears.
Ordered, That it be referred to Sir Robert Pye and Mr. Wheeler, to consider of the Arrears due to Captain Tho. Pinchback, Captain John Boyse; and what they shall find to be due unto them, to give Order for the Payment of them.
Nicholl's &c. Petition.
It is likewise referred unto them, to consider of the Petitions of Captain Daniel Nicholl, and the Quartermasters of the late Northern Expedition, this Day presented, in like Manner as the others are referred.
Person in custody.
House to sit.
Contract for Powder.
ORDERED, That Mr. Vassall, Mr. Ven, and Sir Jo. Evelyn, shall treat with the Lord Mayor, Court of Aldermen, and Common Council, to receive and take off the Powder made and delivered in by Mr. Cordwell, weekly, upon the same Terms and Agreements as formerly, for Nine Months longer.
Chester Militia, &c.
A Letter from Sir Wm. Brereton, of the Second of July, concerning the ready Affections of the County of Chester, to the Service of the King and Parliament; and their Willingness to obey, and put in Execution, the Ordinance of the Militia.
Sir Gilbert Gerard and Mr. Cromwell are appointed to prepare a Letter to be sent unto Sir Wm. Brereton, Mr. Booth, and the rest; and therein to take... of the good Service by them done therein; and to return them Thanks.
Person sent for.
The humble Petition of Arthur Samuell Esquire, One of the Creditors of Sir Tho. Dawes, concerning Monies advanced by him, towards the Payment of the Fine laid upon Sir Tho. Dawes, for his Delinquency to the Commonwealth, was this Day read: And
Message to Lords.
Deputy Lieutenants, &c.
A Letter from the Earl of Warwick, from aboard his Majesty's Ship the James, in the Downes, this Fourth of July, concerning his Proceedings towards those Five Captains of the Ships that refused to submit themselves to his Command, and to the Ordinance of Parliament, writ to Mr. Pym, was this Day read; and ordered to be carried up to the Lords; and to be printed: And that the Lords Concurrence be desired herein.
Forces for Hull.
Letters from E. of Warwick.
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 Letters received from the Earl of Warwick.
Money for Army Services.
Resolved, &c. That Seven thousand Five hundred Pounds of the Money come in upon the Propositions, shall be issued into such Hands as shall be nominated by the Committees, for the Buying of Five hundred Horse.
Resolved, &c. That a Thousand Pounds of the same Monies be put into some Citizens Hands, to be nominated by the Committee, to buy Pistols and Saddles; and to keep them in Magazines, to issue forth as shall be appointed.
Raising Forces, &c.
Resolved, That Ten thousand Foot be raised, Five thousand out of the City of London; and Five thousand out of the Counties adjacent; and to form them into Regiments and Companies; and place Officers over them; and to entertain the Officers in continual Pay; and to pay the common Soldier every Day that they are trained.
Ordered, That such Persons as are willing to give or lend any Money towards the Buying of Horses, shall bring in their Monies to the same Treasurers as are appointed to receive the Money or Plate that come in upon the Propositions.
Affairs in Leicestershire.
Bringing in Plate, &c.
Ordered, That Sir Tho. Dacres and Sir Wm. Litton do go into Hertfordshire, to be present at the QuarterSessions, on Monday next, to advance the Propositions for Bringing in of Plate, and Monies, and Horse.
Answer from Lords.
Sir Robert Harley brings Answer, That the Lords will send his Majesty the Letter, in the Name of both Houses; and do agree the Earl of Warwicke's Letter shall be printed: And for the Deputy Lieutenants for Darbyshire and Suffolke; and as for the Days of putting the Ordinance for the Militia in Execution, in the several Counties; they will send an Answer by Messengers of their own: And likewise, to the Order for One Lieutenant of One County to send Succour to a Lieutenant of another County, upon Occasion, at his Request, they will send Answer by Messengers of their own.
Sir Gilbert Gerard, Sir Robert Harley, Sir Robert Pye, Mr. Cromwell, Mr. Vassall, Mr. Glyn, Mr. Spurstoe, are appointed to confer with the Lieutenant of the Tower, and to consider of some Means for the Safety of that Place.