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 Jovis, 7 Julii, 1642.
Restraint of publishing Proclamations.
ORDERED, That the Gentlemen that serve for the City of Colchester, are to acquaint the Town of Colchester, that these Proclamations are within the Intention of the general Order for the Restraint of publishing Proclamations, Declarations, and other Matters, concerning the Proceedings of the Parliament: the Knights and Burgesses are to send this general Order down to their Counties and Boroughs; and likewise the Declaration, that these Proclamations are within the Intention of this general Order.
The Proclamations are as followeth;
One, forbidding the Levying of Horses without his Majesty's express Pleasure, under the Great Seal.
Another, concerning the Lawfulness of his Majesty's Commission of Array.
The other, for the free Passage and Carriage of Horses and Provisions from any Place within this Kingdom of England.
The humble Petition of Gregory Hockmore Esquire, now Prisoner in . . . Tower, by a former Order, for his Contempt and Disobedience to the Orders of this House, was this Day read.
It is Ordered, That the Complaint this Day made to the House, of Mr. Huckmore's Servants still cutting down and carrying of Timber away, contrary to the Order of this House; and the Matter of the Inlargement of Mr. Huckmore, who is a Prisoner for Disobedience to the Order of this House, in that Behalf; be referred to the Committee for Sir F. Popham's Bill.
Ordered, That the Lords be moved to join with this House, in an Order to the Lord Mayor, to require him to call a Common Council to meet To-morrow, at Two post meridiem.
Answer from the King.
Mr. Speaker presented to the House a Letter from Secretary Nicholas, containing his Majesty's Answer to the Desire of both Houses, as followeth:
I HAVE acquainted his Majesty with your Letter of the Twenty-fourth of June last; and shewed him the Order of both Houses: To the which His Majesty hath commanded me to return this His Answer; "That he can understand no other Meaning in the Order, than to put a Scorn upon His Majesty; that they who have taken His Ammunition and Arms by Force from Him, should send to Him for a Warrant to dispose them, that He thereby might seem to confirm their former Violence, whilst they were (as He thought them to be) in His own Disposal. He expressed all Readiness in signing any Warrants for the Delivery of whatsoever was thought necessary for the Service of Ireland: And could have done so still; but being now out of His own Power, He cannot give Himself Leave to give any Direction in the Business, except His Commands may be first obeyed, in the Re-delivery of them into His own Custody: And he shall then issue out such Warrants as shall be convenient."
This being his Majesty's Answer in his own Words, you will receive it by the Intimation of,
Your most affectionate Friend,
Yorke, 4° Julii, 1642.
Ordered, That this Answer of his Majesty's, expressed by Secretary Nicholas, be referred to the Commissioners for Irish Affairs.
A Letter to be sent from Mr. Speaker to Sir Wm. Brereton, taking Notice of the chearful Obedience of the County of Chester to the Ordinance of the Militia, was this Day read, and assented unto; and ordered to be signed by Mr. Speaker.
Bringing in Horse, &c.
The printed Propositions for the Bringing in of Horse, Monies, Plate, &c. * * * *
Earl of Warwick.
Resolved, That all Ships that are in the Service of the State, and are abroad, shall now obey the Earl of Warwick, in such Manner as formerly they did the Earl of Northumberland: And that a Copy of this Order be particularly sent to every particular Ship: And that the Committee for the Defence of the Kingdom do take Order that this Order be sent down accordingly.
That the Lords be desired to join herein.
Message to Lords.
The Lord Cramborne carried up to the Lords the Order concerning the calling of a Common Council, and concerning the Ships that are abroad, to obey the Earl of Warwick; and the Order concerning Tristram Whettcombe; and the Order concerning the Bestowing of One hundred Pounds upon the Lord Cawfield's Sons.
Liberty to go to Yorke.
Ordered, That Sir Wm. Bronckerd shall have Liberty to go to Yorke, notwithstanding any former Order, with his own Saddle Horses, and Coach Horses; provided they be not Horses for the great Saddle.
Treaty with Scotland.
The ingrossed Articles of the Scotts Treaty were this Day read; and, by Vote upon the Question, assented unto; and ordered to be sent up unto the Lords by Sir Wm. Armyn: Who went accordingly with the same.
Recompence to Stockdale, &c.
Ordered, That it be referred to the Commissioners of this House, appointed to treat with the Scotts Commissioners, to take into Consideration the Expences and Pains of Mr. Stockdale, in his constant Attendance upon the Commissioners for the Treaty with the Scotts, for these Eight Months together; and to consider what Recompence is fit to be given unto him; and likewise to consider of the Pains of Mr. Baldwin, Clerk to the Commissioners; and what Recompence is fit to be given unto him.
Payment to Rily, &c.
Ordered, That Mr. Wheeler do pay the Sum of Forty Pounds to be distributed amongst the Three Clerks at the Tower, that have taken Pains in transcribing the Records concerning the Commission of Array; and their Attendance about that Business; viz. To Mr. Rily, Twenty-five Pounds; To Mr. Collett, Ten Pounds; to the Under Clerk, Five Pounds.
Ordered, That it be recommended to the Commissioners of the Treasury, to give Order for the Payment of the Fifty Pounds per Annum Fee, due to Sir Jo. Burrows, as belonging to his Place, together with the Arrears, in such Way and Manner as it hath heretofore been usually paid.
Answer from Lords.
Lord Cramborne brings Answer, That the Lords do agree with this House, in the Order to injoin the Lord Mayor to grant a Common Council; and the Order for all Ships to be under the Command of the Earl of Warwicke, as they were under the Earl of Northumberland's Command: And, to the Order concerning Tristram Whetcombe, they will send an Answer by Messengers of their own.
Punishing Compton, &c.
Mr. Pury reports the Bill for punishing Sir Henry Compton and others, for monopolizing the Making of Soap, &c. with some Amendments and Additions: The which were twice read; and recommitted to the same Committee: And the Committee has Power to name Commissioners, and to receive and hear Petitioners, and such others as desire to be heard: And they are to sit this Afternoon, in the Star-chamber.
A Message from the Lords by Sir Ro. Riche and Mr. Page;
The Lords have returned the Order concerning the Assistance of One Lieutenant to another, upon Occasion; which they assent unto, with the Alteration of One Word only; viz. "such," instead of the Word "other."
Order concerning Whetcombe.
They agree likewise to this Order concerning Trestram Whetcombe, with these Additions; viz.
1a Linea, Leave out "and Commons."
2a Linea, after the Word "Information," and before the Word "that," insert "from the House of Commons."
In 16a Linea, leave out the Words "and Commons."
Answer returned by the same Messengers;
Answer to Lords.
The House has considered their Lordships Message; And, as to the Order concerning One Lieutenant of One County assisting another, upon Occasion; they do agree to the Amendment: And, as to that concerning Tristram Whittcombe, they will send Answer by Messengers of * *.
Answer from Lords.
Sir H. Mildmay brings Answer, That the Lords do agree, that the Committee of the Lords and Commons, concerning the Monies to be paid to the Scotts, do meet this Afternoon, as is desired: They do likewise agree, that Sir Wm. Fenton, formerly listed a Reformado Captain of a Foot Company, by the Adventurers, be now listed * * * *.
Commission of Array.
Ordered, That it be referred to the Lord Lieutenant of the County of Worcester, and the Deputy Lieutenants, Members of this House, to consider what is fit to be done upon the Information given to this House, that the Commission of Array is come into Worcester.
Defence of the Kingdom.
Upon Mr. Marten's Report from the Committee for the Defence of the Kingdom;
It was Resolved, upon the Question, That the Committee appointed to take Care for the Defence of the Kingdom, shall have Power to take, from time to time, out of the Tower, or any other Place, where the publick Magazine of his Majesty is disposed, such Proportions of Arms and Ammunition as they shall see fit, for the Service wherewith they are intrusted; and to issue them accordingly.
Ordered, That this Vote shall be carried up to the Lords by Mr. Marten: And their Lordships Concurrence desired herein.
Payment to Wheeler.
Ordered, That the Commissioners appointed by the Act for the Four first Subsidies, do grant their Warrant to the Treasurers appointed by the Act to receive those Subsidies, to issue out Twelve hundred Fifty-seven Pounds Two Shillings and Eleven Pence, to Mr. Wheeler, a Member of this House, for Repayment of Monies already disbursed by him for the Service of the Kingdom, in the Northern Parts; and to be disbursed for the further Service of the Kingdom, as there shall be Occasion.
Ordered, That Mr. Weston do make his Report this Afternoon, at Four of the Clock, concerning the Letter-office.
Forces for Ireland.
Ordered, That the Committee of Adventurers do meet this Afternoon, at Two .. Clock in the Exchequer Chamber, to consider of Issuing out of Monies for the Raising of Forces for Ireland.
Mr. Reynolds reports the Lord Wharton's Answer; That he will give Warrant for raise....Men, according to the Direction of this House.
E. of Stamford's, &c. Indemnity.
WHEREAS Henry Earl of Stamford was, by Ordinance of both Houses of Parliament, appointed Lord Lieutenant of the County of Leicester; and, by the Order of both the said Houses, the Magazine of the said County was delivered into his Hands, to be removed or disposed of, as he should think fit, for the Safety and Defence of his Majesty and the Country: In Obedience whereunto, the said Earl did take the said Magazine, and did place a great Part thereof at his House at Bradgate, under safe Guard; and the Residue thereof at a Place in the Newwark, near the Town of Leicester: For the doing whereof the said Earl, and also Wm. Sherman, Wm. Stanley, John Norris, and Wm. Rayner, upon Pretence of being Assistants to the said Earl, and all other his Adherents, were, without all Colour of Law, and against the Right and Liberty of the Subject, proclaimed Traytors; which, as concerning the said Earl being a Member of the House of Peers, is a high Breach of Privilege of Parliament: Be it therefore Declared, by the said Lords and Commons, That the said Earl, Wm. Sherman, Wm. Stanley, John Norris, Wm. Raynor, nor any other of the Persons which were assisting to the said Earl in the Premises, have done any thing therein but according to their Duties, and in Obedience to the Commands of both Houses of Parliament: And that therefore the said Earl, and all other the said Persons his Assistants, and every of them, shall and ought to be protected by the Power and Authority of both Houses of Parliament. And the said Lords and Commons do hereby forbid all Sheriffs, Mayors, Bailiffs, Constables, and other his Majesty's Officers and Subjects whatsoever, any way to arrest, impeach, molest, or trouble the said Earl, Wm. Sherman, Wm. Stanley, John Norris, Wm. Raynor, or any of them, or any other of the said Persons so assisting to the said Earl, either in their Persons, Goods, or Estates, for or by reason of the Premises, without the Authority or Consent of both Houses of Parliament.
Indemnity for not attending the King.
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 ... bound thereto by special Service: And, if any Messenger or Officers shall, by Colour of any Command from his Majesty, or Warrant under his Majesty's Hand, arrest, take, or carry away, any of his Majesty's Subjects, to any Place whatsoever, contrary to their Wills, that it is both against the Laws of the Land, the Liberty of the Subjects, and is to the Disturbance of the publick Peace of the Kingdom: And any of his Majesty's Subjects so arrested may lawfully refuse to obey such Arrests and Commands.
Hastings', &c. Impeachment.
THE ingrossed Articles of Impeachment against Henry Hastings, Sir Rich. Hawford Knight and Baronet, of Leicestershire, and others, were this Day read; and, by Vote, upon the Question, assented unto; and ordered to be carried up to the Lords.
Sir Jo. Holland went up to the Lords to desire a Conference concerning the Articles of Impeachment against Henry Hastings Esquire, of the County of Leicester, and others: and likewise a free Conference concerning the Amendment sent down from the Lords, to the Order concerning Trestram Whettcombe: He likewise carried up the Declaration concerning the Earl of Stamford and others, being proclaimed Traytors; and the Order concerning the Commanding of any of his Majesty's Subjects, by virtue of his Majesty's personal Command.
Levy Money, &c.
Resolved, upon the Question, That the Treasurers for the Money that comes in upon the Acts of Subscriptions for Reducing of Ireland, shall forthwith pay unto the several Captains of the Foot Companies designed for Munster, after the Rate of Twenty Shillings a Man, for Levy Money, for the Raising of their Men, and bringing them to the Place where the Colonel General shall appoint.
And it is further Resolved, upon the Question, That the said Treasurer shall likewise forthwith pay unto the several Captains of Horse designed for Munster, the Sum of Twelve Pounds, for the Raising of each Horse, and bringing them to such Place of Rendezvous as the said Colonel General shall appoint: And that all the said Captains shall attend To-morrow, at Guildhall, for the Receiving of their Monies accordingly.
And lastly, it is Ordered, That the Serjeants, Trumpeters, Drummers, Corporals, and other inferior Officers, designed for this Service, shall be paid their Pay from the Time of their several and respective Entertainments: And that these several Captains, before they receive their Monies, shall enter into Indentures, as is usual; and give such Security for the true Performance of their Undertakings, as the Committee for London shall think fit.
Proceedings concerning Sir J. Mennes.
A Message from the Lords, by Serjeant Glanvile and Mr. Page;
The Lords do signify, that Sir Jo. Mennes was sent for, by Order from the Lords, at the Motion of this House: That he did appear at the Day accordingly; and doth still attend: And that his Excuse is, that, so soon as he understood that the Earl of Warwick had an Ordinance from both Houses, he submitted himself: They were very well satisfied with the Truth of it; the rather, being certified thereof by the Earl of Warwick: That they intend speedily to inlarge him, unless this House hath something more to say unto him.
Answer returned by the same Messengers; the House has considered of their Lordships Message; and is very well satisfied with their Lordships Intentions for the Inlargement of Sir Jo. Mennes.
Answer from Lords.
Sir Jo. Holland brings Answer, That the Lords do agree to a Conference concerning the Articles of Impeachment against Henry Hastings of Leicestershire, and others; and to a free Conference concerning the Amendment to the Order concerning Trestram Whetcomb: And as to the Orders, they will send Answer by Messengers of their own.
Mr. Whittlock, Mr. Prideaux, Mr. Peard, are appointed Managers of these Conferences.
Petition against the Ld. Mayor.
The humble Petition of divers Common-council-men of the City of London, complaining of sundry Abuses in the Government of the City, and especially in obstructing the Calling of Common Councils, and free Voting and Debating there when they are called; all occasioned chiefly by the present Lord Mayor Sir Rich. Gourney, and some Aldermen siding with him, as the Petition expresseth; was this Day read.
And then divers of the Petitioners were called in; and did avow the Petition: And
It is Ordered, That this Petition be referred to Mr. Peard, Mr. Glyn, Mr. Prideaux, Mr. Pury, Mr. Serjeant Wilde, to insert the Matters contained in this Petition, as an additional Charge to the Articles against the Lord Mayor: And some of the Petitioners that can prove the Particulars, do attend To-morrow Morning. at Seven of Clock, in the Court of Wards, to prove the said Particulars.
The Petitioners were again called in: And Mr. Speaker, by the Command of the House, told them, "That they have read the Petition; and find in it Complaints of a high Nature, and fit for a speedy Redress: They have therefore referred it to a Committee: And do require some of you, the Petitioners, to attend the said Committee To-morrow, at Seven of Clock, in the Court of Wards."
Answer from Lords.
Mr. Marten brings Answer, That the Lords will send Answer by Messengers of their own.
Ld. Howard's, &c. Bonds.
Ordered, That the Bonds entered into by the Lord Howard of Escrig, and others, for the Appearance of Colonel Wm. Ashburnham, be delivered up by the Serjeant unto them.
It is likewise Ordered, That the Bonds entered into by the Earls of Bedford and Essex, for the Appearance of Commissary Willmott and Captain Pollard, be delivered up unto them by the Serjeant.
Defence of Hull.
It is Ordained, by the Lords and Commons in Parliament, That Two thousand Men shall be forthwith sent for the Relief and Defence of the Town of Hull, and assisting Sir John Hotham in keeping the same, according to the former Ordinance in that behalf; which Men are to be raised by the beating of the Drum in the City of London, the Suburbs, and adjoining Parts, in the several Counties of Middlesex, Essex, Kent, and Surrey, and such other Counties of the Kingdom as shall be thought fit by the Committee of Lords and Commons, appointed to take Care for the Defence of the Kingdom: That the said Two thousand Men shall be put into Ten Companies, each Company consisting of Two hundred Men: All which, after their Arrival in Hull, are to be obedient to Sir John Hotham, Governor there; and to defend the same for his Majesty's Service, and the Peace of the Kingdom, according to the Ordinance of both Houses of Parliament; and in so doing, they shall be protected by the Power and Authority of Parliament.
The Lords and Commons assembled in Parliament, do appoint and constitute A. B. Captain of One Foot Company, of Two hundred Men, to be raised by Beating of the Drum in the City of London, and in the Liberties and Suburbs thereof, or in the adjoining Counties of Middlesex, Essex, Kent, and Surrey, for Defence and Security of the Town of Hull, and for the Preservation of his Majesty, and the Peace of the Kingdom: Which Company shall be obedient unto Sir John Hotham, who is, by an Ordinance of both Houses of Parliament, Governor of the said Town. And the said Lords and Commons do likewise give the said A. B. Power to make Choice of his Lieutenant, Ensign, and such other Officers as shall be requisite for the Ordering of such a Foot Company. And they do further Order, That the said Captain, his Officers, and Soldiers, shall all be protected in their Performance of this Service by the Authority of both Houses of Parliament.
Resolved, upon the Question, That these Orders, thus amended, shall be carried up to the Lords, for their Consent, by Mr. Holles.