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.
A LETTER from Sir Jo. Hotham, and the rest of the Committee at Hull, giving Notice of a Ship called The Providence.
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.
Sir Wm. Lewes is appointed to go to the Lords, to desire a Conference concerning these Letters.
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.
An Ordinance to restrain the Publishing of Proclamations, Declarations, &c. was this Day read; and assented unto; and ordered to be carried up to the Lords; and their Concurrence desired therein.
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.
Ordered, To be printed and published.
Ordered, That Dr. * Reeves of Stanwell, be summoned to appear forthwith.
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.
Ordered, That the Committee where Mr. Pury has the Chair, shall take Order for the Dispersing of the Acts for inlarging the Time of Subscriptions through the Counties.
Answer from Lords.
Sir Wm. Lewes brings Answer, That the Lords do agree to a present Conference, as is desired: And that they do agree to the Addition of the Deputy Lieutenants for the County of Ruttleland.
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.
Mr. Holles, Mr. Pym, and Sir Wm. Lewes, are appointed Managers of this Conference.
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.
Ordered, That Gregory Huckmore, the Servant to Mr. Gregory Huckmore, now Prisoner in the Tower, be forthwith released.
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.
Sir Wm. Lewes carried up to the Lords the Declaration for restraining the Publishing of Proclamations, &c.
He brings Answer, That the Lords will send Answer by Messengers of their own.
Horses, &c. to Newcastle.
Mr. Blackston acquaints the House, That he has received Information of Six hundred Horse and Arms, that are coming into Newcastle: And he is ordered to repair to the Committee for the Defence.
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.
Mr. Serjeant Wilde delivered, by Word of Mouth, the Form of Impeaching of the Lord Mayor, in these Words;
"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."
Resolved, &c. That Sir Richard Gourney shall be thus impeached at the Bar in the Lords House; with the ordinary Saving.
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.
Message from the Lords, by Sir Robert Rich and Mr. Page; ......
Forces for Ireland.
The said Ordinance for raising Five thousand Foot, and Five hundred Horse, which they have for ... Service of Ireland, assented unto.
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.
The Order to restrain the Publishing of Declarations assented unto; with the Addition of these Words, "to Law, and" after the Word "contrary:" The which was put in the Question; and assented unto.
Answer to Lords.
Answer returned by the same Messengers; The House considered of their Lordships Message; and will send Answer by Messengers of their own.
Message from the Lords, by Justice Reeve and Serjeant Ayloffe;
Letters, &c. from the King.
The Lords have returned the Letters that were sent up from this House unto them this Morning.
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.
Resolved, &c. That this Letter that came up in Mr. Ashburnham's Pacquet, unsealed, shall be forthwith sent to his Majesty: And that the Lords be acquainted herewith.
Sir Robert Harley carried up this Letter to the Lords accordingly.
Mr. Arth. Goo.. * * * *.
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.
Being again called in; and asked whether he first read the Book; confessed he did, and did understand it accordingly to his Ability.
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.
Resolved, &c. That Mr. Spilman shall continue in the Serjeant's Custody, till this House shall take further Order.
House to sit.
Ordered, That this House sit this Afternoon, at Five of Clock.
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.
Resolved, That Sir Thomas Aston be forthwith sent for as a Delinquent.
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
It is Ordered, That the Committee for the Bill concerning the Creditors of Sir Tho. Dawes, do report that Bill on Tuesday next.
Message to Lords.
Sir Robert Harley carried up to the Lords the Letter to be returned to his Majesty; and the Order concerning One Lieutenant....another, upon the Request of the Lieutenant.
This House doth think fit to appoint these Days following, for putting the Ordinance for the Militia in Execution, in these Counties following; and doth desire the Lords to concur herein.
This Day Sevennight for Hertfordshire
This Day Fortnight for Derbyshire.
Monday come Sevennight for Cambridgeshire.
This Day Sevennight for Surrey.
Deputy Lieutenants, &c.
Resolved, upon the Question, That this House doth recommend and approve of Sir Robert Crane, to be One of the Deputy Lieutenants for the County of Suffolk.
This Day Three Weeks for the County of Suffolk.
Resolved, That this House doth recommend and approve of Sir George Gresely Baronet, and Sir Sam. Sleigh, to be Deputy Lieutenants for the County of Derby.
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.
Upon the Report from the Committee appointed to consider of the Defence of the Kingdom;
It was Resolved, upon the Question, That a Committee shall be sent into Lincolneshire, to raise Forces for the Defence of Hull, as there shall be Occasion.
Resolved, &c. That Five hundred Men be forthwith sent, by Sea, from Hence to Hull.
Resolved, &c. That Two Ships be sent from the Downes to Hull: And that they shall stay there to receive Directions from Sir Jo. Hotham.
Letters from E. of Warwick.
A Message from the Lords, by Sir Ro. Riche 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 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.
Resolved, That Five hundred Pounds of the same Monies be deposited in the Committees Hands, to disburse upon publick Occasions, upon Account.
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.
Resolved, That all such Horses as are brought in by the Lords, Commons, or others, shall be mustered in Tothill-feilds on Friday next, in the Afternoon.
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.
Answer returned by the same Messengers; That this House will give a present Meeting, as is desired.
Affairs in Leicestershire.
Ordered, That the Report from the Committee appointed to consider of the Business of Leicestershire be made To-morrow Morning.
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.
Ordered, That Mr. Hampden, Mr. Goodwyn, Mr. Wynwood, and Mr. Whitlocke, do go into the County of Buck', to further the Propositions for Raising of Horse.
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.
Safety of the Kingdom.
Sir Jo. Evelyn went up to the Lords, to desire that this House might propound something unto their Lordships at this Conference, for the Safety of the Kingdom.
Sir Jo. Evelyn brings Answer, that the Lords are ready to give a Meeting at this Conference, upon that Part desired by this House.
Mr. Holles, and Sir Philip Stapilton, are appointed Managers and Reporters of this Conference.