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 Mercurii, 3 Augusti, 1642.
THE Instructions to Sir Jo. Curson, and other Committees to be sent into the County of Derbye, for Preservation of the Peace of that County, were this Day read; and, by Vote upon the Question, assented unto; and ordered to be sent unto the Lords, for their Concurrence herein.
Person sent for.
Upon the humble Petition of William New, Mayor of St. Albanes, now Prisoner in the Fleet, by former Order of this House, for reading his Majesty's late Declaration, be forthwith discharged from any farther Imprisonment.
Bringing up Prisoners.
The Sheriff of Caermarthen was called in: Who informed the House, that he received, at the Confines of Caermarthen, certain Prisoners, from the Sheriff of Pembroke, by Order of Parliament, to be brought from Sheriff to Sheriff; and he brought them to the Confines of Brecon, and required the Sheriff of that County to take them into his Custody, and convey them to the next Sheriff: But he refused it, saying, the King's Hand was not to it. He was Two Days after required the second Time to receive them; but he refused it positively; and said, He would not obey the Orders. That he kept them to his great Charges; and sent up to the Parliament, but received no Answer; and so was enforced to bring them up hither, and find them Horses, and bear their Charges.
Person sent for.
Message to Lords.
South Mimmes Minister.
A Letter from Dr. Duck, of August the first, shewing the Reasons alleged by him for his not giving Institution to Mr. Tutty, to the Living of South Mimmes, being thereunto presented by the undoubted Patron, was this Day read; and considered of: And it is
Proceedings against Treswell.
The Sheriff of Norwich was called in; and did affirm, That Captain Treswell came into Norwich on Thursday last, to raise Volunteers, by virtue of a Warrant under the Earl of Lindseye's Hand, on Friday Morning: The Mayor, and Court of Aldermen, being informed hereof, convented him before them, and advised him not to beat his Drum; He went out notwithstanding, and did beat up his Drum: Mr. Mayor sent the Sword-bearer unto him, to require him not to beat up his Drum: He answered, If he could not have their good Wills for beating up his Drum, he would beat it up against their Wills. Thereupon the Mayor and Court of Aldermen required me, and my Brother Sheriff, to apprehend him; which accordingly we did; and he was committed to Prison: And Mr. Mayor since receiving an Order from this honourable House, for the Sending him up in safe Custody, they have sent him up accordingly.
Ordered, That this whole Business concerning Captain Treswell's Beating of Drums at Lynne and Norwich, by virtue of a Commission under the Earl of Lyndseye's Hand, be referred to the Committee for the Defence of the Kingdom.
The Sheriff of Norwich was called in: And Mr. Speaker, by the Command of the House, acquainted him, "That the House takes Notice of the good Service of yourself, your Brother Sheriff, and the Mayor, both upon this and other Occasions; for which they return you all Thanks; and do desire you to return the Thanks of this House unto them all."
Answer from Lords.
Mr. Strode brings Answer; That the Lords do concur with this House, in the Instructions for Derbyshire; and to the Order for Twenty-seven thousand Pounds: As to the Order of Five thousand Pounds for incident Charges, they will send Answer by Messengers of their own.
Dep. Lieuts. &c. of Northampton.
That the Gentlemen of Northamptonshire formerly appointed for Deputy Lieutenants, Colonels, Captains, and other Officers, by the Lord Spencer, may be authorized by both Houses to do and execute all Things which they might have done by virtue of their several Commissions, as if they were still in Force, until the Earl of Peterborough shall have granted his Deputations, with the Allowance of both Houses.
Whereas John Gaskell of Manchester, in the County of Lancaster, and Thomas Hiccock, Tho. Bennett, and Mr. Osley, in the County of Chester, and divers other Persons, are, or have been, arrested, imprisoned, and inforced to give Recognizances and Bail for their Appearances before several Judges and Justices; which Prosecutions have been so made against them occasionally, for that they did perform, observe, and execute the Orders and Commands of the Lords and Commons in Parliament assembled, or were countenancing, aiding, or assisting unto them who did perform, observe, or execute the same; or for that they did not submit themselves to the Commission of Array, or the Injunctions or Commands of the Commissioners therein named: And whereas divers other Persons are now, upon the like Occasions, endeavoured to be arrested, and imprisoned, and enforced to give such like Bail, as aforesaid: It is now Ordered, by the said Lords and Commons, That the like shall not be attempted or done in time to come: And that all Judges and Justices, having Power to discharge the said Imprisonments and Bails, shall, upon Knowledge of the Premises, forthwith release, free, and discharge, the said Jo. Gaskell, Tho. Hiccock, Tho. Bennett, and Mr. Osley, and all others whom it shall concern, from all Imprisonments, Recognizances, and Bails, occasioned by the Causes or Pretences aforesaid, or any of them; and shall suffer no farther Prosecution to be had in that Behalf.
Information concerning Serj. Hide.
Ordered, That the Information concerning Serjeant Hide, be taken into Consideration To-morrow Morning, at Ten of Clock peremptorily: And Mr. Speaker is to put the House in mind hereof. And the Keeper of the Prison, where the Mayor of Salisbury is committed, is required to bring the said Mayor hither To-morrow Morning.
Ordered, That it be referred to the Commissioners for Ireland, to consider speedily which way there may be a Thousand Men sent for the Relief of the Earl of Theomond, out of the North of Ireland, or elsewhere, by Sea.
E. of Kerrye.
Earl of Thomond's Pay.
Ordered, That the Commission granted by the Earl of Lindsey, to Captain Treswell, for the Raising of Forces, shall be referred to the Consideration of the former Committee: And they are speedily to deliver their Opinions thereof.