House of Commons Journal Volume 2: 11 August 1642

Pages 714-716

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, 11 Augusti, 1642.


Hertford Magazine.

ORDERED, That the Magazine of the County of Herts, at St. Albans, be removed out of the Custody where now it is; and committed to the Charge and Care of Mr. Jo. Robotham, John Kinge Doctor in Physick, and Mr. Ralph Pemerton: Who are hereby required to take Charge of it accordingly; and to preserve it for the Use and Service of the County aforesaid.

Release of White, &c.

Resolved, upon the Question, That Francis White and Hugh Clausey, Irish Gentlemen, stayed at Ilchester Gaol in the County of Sommersett, be forthwith released from any farther Restraint; putting in any good Security, that they will transport to the Rebels no Ammunition, or other warlike Provision, or any Thing else that may be of Relief or advantageous to the Rebels.

Suffolk Militia.

Resolved, upon the Question, That the Deputy Lieutenants of Suffolk shall have the like Order for putting the Militia in Execution in that County, as the County of Northampton had: And it is referred to Mr. Cage, and the rest of the Gentlemen of Suffolk, to prepare an Order to this Purpose; and to consider of the Deputy Lieutenants; and to take farther Consideration for the Preservation of the Peace of that County.

Seizing Plate, &c.

Mr. Whittingham, called in, acquainted the House with the Manner of Seizing of the Plate and Money ... Serjeant Major Alcock's, and the Lady Byron, at ... Dolphyn, without Bishopsgate.

Ordered, That Mr. Erle and Mr. Ven do take Order, That the Money and Plate stayed at St. Dolphin's without Bishopsgate, be safely laid up in the Chamber of London, till this House take farther Order: And that they make farther Search into the Trunks, Chests, Hampers, and Cases, and Portmanteaus: And that Serjeant Major Alcock, the Lady Byron, and Leonard Andrewes, be summoned forthwith to attend.

Advance to Samuell.

Ordered, upon the Question, That One hundred and Sixty Pounds, Consideration Money for Two thousand Pounds advanced by Arthur Samuell, One of the Creditors of Sir Thomas Dawes, shall be advanced unto him, by way of Loan: And when the Bill shall pass for better Payment of the Debts to the Creditors of Sir Thomas Dawes, then the said One hundred and Sixty Pounds is to be repaid: And the Collectors of the Custom are ordered to advance these Monies accordingly in the mean time.

Dawes' Creditors.

1a vice lecta est, A Proviso to be added to the Bill for the Satisfying of the Creditors of Sir Thomas Dawes, on the Behalf of Mr. John Dawes; with Addition of these Words, which were twice read, "next after the Debt due to Sir Antony Irby." And then

Resolved, upon the Question, That this Proviso be added to this Bill.

3a vice lecta est, Proviso, securing a Debt due to Sir Antony Irby, to be added to the Bill concerning the Creditors of Sir Thomas Dawes.

32 vice lecta est, Proviso to be added to the Bill concerning the Creditors of Sir Tho. Dawes, on the Behalf of Mr. John Dawes.

The Bill concerning the Creditors of Sir Thomas Dawes, read the Third time, on Saturday last; and, by reason of some urgent Business at that Time, the further Debate thereof adjourned at that Time, was this Day resumed: And the Bill, with the Provisoes, upon the Question, passed.


Ordered, That Mr. Curteene shall have free Licence to dispose of his Saltpetre to any Person or Persons; and to send it into any Place or Places within the Kingdom of England or Dominion of Wales.

Message from Lords.

A Message from the Lords, by Dr. Aylett, and Dr. Heath;

The Lords have assented unto the Amendments in the Bill concerning the Earl of Pembroke: The Naturalization of Rich. Bogan, &c.: The Naturalization of Jo. Kirke, &c. The which they have amended accordingly.

Dr. Bastwick, &c.

Mr. Rigby reports, that the Lords do assent to the Order concerning Doctor Bastwick, &c. And

It is Ordered, That the Serjeant send down a Man with this Order.

Store of Arms, &c.

Mr. Green went up to the Lords, to acquaint their Lordships with the great Store of Arms and Ammunition, and other Provisions of Corn, that are at Knolle House, at the Lord Abergavennye's, and at Cobham; and to desire them to take Consideration of it.

He likewise moved the Lords to hasten the Instructions for Monmouth and Bucks.

Sir Jo. Borlasse.

Resolved, upon the Question, That the Name of Sir Jo. Borlasse be added to the Instructions for Bucks.

Agent from Hamborough.

The House being informed, That there was an Agent from the State of Hamborough, that brought Letters to this Assembly;

He was called in: And came in, with his Interpreter, and the Serjeant, with his Mace upon his Shoulder, standing by him; and presented the Letters.

The Letters were read:

And then the Agent was called in: And Mr. Speaker, by the Command of the House, told him, "That the Letters he brought were read; and that the House finds they do concern the House of Lords, as well as this House; That they will take a convenient Time to acquaint the Lords with them To-morrow; and that they will endeavour that he may have a speedy Answer."

Regulating the Customs.

Mr. Green presented Three Orders for the better Regulating the Customs: Which were read; and assented unto; and ordered to be sent unto the Lords for their Concurrence, by Mr. Green.

Ordnance Office.

Ordered, That the humble Petition of the Gun Founders, Carpenters, Smiths, Wheelwrights, &c. and other poor Labourers, Creditors and Ministers of his Majesty's Office of the Ordnance * * * *.


A Message from the Lords, by Dr. Aylett and Dr. Heath;

The Lords desire a present Conference, in the Painted Chamber, concerning a Proclamation received * * * *.

Answer returned by the same Messengers, That this House has considered their Lordships Message; and will give a present Meeting, as is desired.

Sir Jo. Holland, Mr. Prideaux, Sir. Ro. Coke, Sir Ro. Harley, are appointed Reporters of this Conference.

Volunteers in Kent.

The humble Petition of many of the Inhabitants of Cranebroke, and many others of other Parishes within the Seven Hundreds in the Wild of Kent; for to have Liberty to train, as Volunteers, under the Command of Mr. Tho. Plumer: The which the House do allow of; and do Order, That they should have the like Order as the Town of Shrewsbury,

Respiting Trials.

Ordered, That the Judges of the County of Lancaster, and the other Officers whom it may concern, be required to respite the Tryal and Proceedings against Tho. Tildesley Esquire, who, as this House is informed, slew the Man at Manchester, and all other Proceedings concerning that Fact, until this House shall take farther Order herein; this Case concerning the Privilege of Parliament:

That Order shall be made for the Stopping of any Tryals and Proceedings that concern Sir Tho. Stanley, Mr. Jo. Holcroft, and Mr. Byrche, until this House take further Order herein: And that the Hearing that concerns Mr. Holcroft at Chester, be likewise stayed.

Kent Militia.

Ordered, That a Message shall be sent unto the Lords, to desire that the Militia may be put in Execution forthwith in Kent: And that the Lord Lieutenant of that County do grant forth his Deputations.

Members disabled to sit.

Resolved, upon the Question, That Mr. Edw. Hide shall be disabled to sit any longer a Member of this House, during this Parliament.

Resolved, upon the Question, That Mr. Ro. Holborne shall be disabled to sit any longer a Member of this House, during this Parliament.

Resolved, That Sir Wm. Penyman shall be disabled to sit any longer a Member of this House, during this Parliament.

Writs to be issued.

Resolved, That Mr. Speaker shall issue his Warrant to the Clerk of the Crown in Chancery, for new Writs for the Electing of Burgesses to serve in their Steads.

Members disabled to sit, &c.

Resolved, upon the Question, That Mr. Edw. Kirton shall be disabled to sit a Member of this House, during this Parliament: And that a Warrant shall issue, under Mr. Speaker's Hand, to the Clerk of the Crown in Chancery, for a new Writ for a Burgess to serve in his Stead.

Great Seal.

Ordered, That a Message shall be sent to the Lord Keeper, to require him to return Answer to the Parliament, Whether the Seal be always in his Custody [a].

Instructions for Monmouth.

A Message from the Lords, by Sir Ro. Riche and Mr. Page;

The Lords have sent down these Instructions for the County of Monmouth, with some Amendments; and do agree to them, with these Amendments.

The Amendments are, instead of "his Majesty, seduced by wicked Counsels, intends to make War," "his Majesty doth make War."

Answer returned by the same Messengers; That this House does agree to the Amendments.

Writs to be issued.

Ordered, That Mr. Speaker do presently grant forth his Warrant to the Clerk of the Crown in Chancery, for Two Writs to issue forth for the Electing of Two Burgesses in the Stead of Mr. Serjeant Hide, and Mr. Hide, formerly chosen to serve in this Parliament; and since, by Judgment of this House, disabled: And that these Writs be forthwith sent to be sealed.

King's Proclamation against E. of Essex, &c.

Sir Ro. Harley reports the Conference [b]:


"My Lords desire this Conference, to acquaint you with a Letter which they have received from his Majesty; and a Proclamation there inclosed. Here needeth no Addition of Language to it: Which if there had, my Lords would have chosen a better Speaker: But the Words give Advantage sufficient; which I am to read unto you; and there deliver the Sense of the Lords upon it."

After the King's Letter and Proclamation were read, his

Lordship further said,

"Here needs no great Expression to make you sensible of this Proclamation: You hear the Earl of Essex is therein proclaimed a Traitor, and all Commanders under him, and all that do adhere unto him; and, in Those, the Parliament and honest Party of the Kingdom are proclaimed Traitors. Here are big Words of Terror: But the Lords well considered the Grounds, before they entered into this Action; which is for the Maintenance of the Law, the Religion, Liberty of the Subject, and Privilege of Parliament. Upon these Grounds, they have commanded me to let you know, that, with One Consent, they resolved to go on with more united Vigour than before."

Sir Jo. Holland reports That Part of the Conference which was delivered by the Earl of Essex:

That he was not ambitious of this Employment: That he undertook it by the Commands of both Houses: That, in the Carriage of it, he did not doubt but he should shew as much Loyalty to his Prince as any of them: And that he should be as ready to adventure his Life for the Maintenance of the Law, as that other great General shall do for the Breach of the Law.

Resolution to adhere to E. of Essex.

Resolved, upon the Question, That, whereas the Lords and Commons in Parliament did formerly chuse the Earl of Essex to be Captain General of such Forces as are or shall be raised for the Maintenance and Preservation of the true Protestant Religion, the King's Person, the Laws of the Land, the Peace of the Kingdom, the Liberty and Property of the Subject, and the Rights and Privileges of Parliament; this House doth now Declare, That they will maintain and assist him, and adhere unto him the said Earl, with their Lives and Estates, in the same Cause.

Memorandum, When this Question was put, every Man, in his Place, rose up, and gave his Answer unto it distinctly, one after another.

Mr. Holles, Sir Philip Stapilton, Mr. Pym, Mr. Reynolds, Mr. Prideaux, Mr. Solicitor, Sir Jo. Holland, Mr. Strode;


This Committee is appointed to prepare a Form of a Covenant to be taken in Pursuance of this Resolution:

Declaration on King's Proclamation.

They are likewise to prepare a Declaration concerning the Advisers, Contrivers, Abettors, and Publishers of a Proclamation set forth in his Majesty's Name, intituled, "A Proclamation for the Suppressing of the present Rebellion under the Command of Robert Earl of Essex; and the gracious Offer of his Majesty's free Pardon to him, and all such of his Adherents as shall, within Six Days after the Date hereof, lay down their Arms;" to declare the said Advisers, Contrivers, Abettors and Publishers, Enemies to the Peace of this Kingdom; and are to meet this Afternoon at Four of Clock, in the Inner Court of Wards.

Adhering to E. of Essex.

Resolved, upon the Question, That such Members of the House that have not yet declared themselves, touching the Question abovesaid, concerning the Earl of Essex, shall, from time to time, at their coming into the House, declare themselves.

Tonage and Poundage.

WHEREAS there hath been deposited, by divers Merchants several Sums of Money, into the Hands of Sir Thomas Dawes, his Majesty's Collector in the Port of London inwards, or his Deputy, and others, since the First Day of July unto the Fifth Day of August present, by reason of the Act of Tonage and Poundage being not passed, and no other Order for the Manner of Payment thereof: And the Lords and Commons assembled in Parliament, having since thought fit to direct, by Ordinance, How, and in what Manner, the said Tonage and Poundage shall be collected; and therein appointed the same Commissioners or Collectors who formerly received the Duties, to take Charge thereof; and do expect that they be accountable for the same, from the First of July last, being the Time of Determination of the former Act: It is therefore Ordered, by the said Lords and Commons, That the said Sir Thomas Dawes, his Deputy, and all others, do pay over unto the said Commissioners all such Sums of Money as have been deposited into the Hands of any of them, by any Merchant, within the Time aforesaid: And this together with the Receipt of the said Commissioners, or any One of them, shall be a sufficient Discharge, at all times, unto the said Sir Thomas Dawes. And it is hereby further Ordered, That the said Commissioners do make Allowance of Fifteen per Cent. unto all such Merchants as require the same, upon perfecting his or their Accompt for Goods exported or imported from the First of July last, unto the Time of the Publishing of the Ordinance of Parliament, being the Fifth of August last; and make Repayment of all such Monies deposited, which shall be required back, or happen to be paid over and above the Custom or Duty intended to be paid by the Ordinance aforesaid; and so to make up their Accompts accordingly.

False Entries in Customs.

WHEREAS some Merchants, against the Laws and Statutes of this Kingdom, have made Entries of their Goods in the Custom-house, in the Names of other Persons, who are either unknown or insolvent; and others of mean Condition have, against the said Laws and Statutes, presumed to make Entry of other Mens Goods, in their own Names, to the Intent to defraud the Commonwealth: It is therefore Ordered, by the Lords and Commons in Parliament, That if any Merchant, or other, shall at any time hereafter make Entry of any Goods to be exported or imported, and shall not advance Monies by way of Loan, according to a former Ordinance of this Parliament, the Officers of the Customs respectively shall not permit such Person or Persons to lade or unlade such Goods and Merchandize; but shall make Stay thereof, until he or they shall give Security to pay all such Duties for the same, as shall be hereafter appointed to be paid for such Goods by Act of Parliament: And for their so doing this present Ordinance shall be their sufficient Warrant and Discharge.

Collectors, &c. of Customs.

IT is Ordered, by the Lords and Commons in Parliament, That the Committee appointed by the House of Commons, for the Navy, shall have Power to give Allowance unto the Collectors and Commissioners of the Customs, for the Issuing out of Monies advanced on the Customs, for the Satisfaction of the yearly Pensions and Payments due unto all such Forts, Castles, and Piers, as have been heretofore usually paid out of the Customs: Which Committee shall have further Power to give Allowance unto the several Officers attending the Service of the Customs, such yearly Payments as have been formerly accustomed, together with any other necessary Charges for the Advancement of that Service, and in and about the same, as they shall think fit: And that the Orders of the said Committee unto the Commissioners and Collectors of the Customs, for the Payment of all such Monies, shall be unto them a sufficient Warrant and Discharge. It is further Ordered, That if any Differences shall hereafter happen between the Merchants and Officers of the Customs respectively, in any Cases that concerns the Customs, the said Committee shall have Power to hear and Determine all such Differences, and to do any other Thing for the Advancement and Good of Trade; or make Report thereof to the House of Commons: And, for the better Clearing of any Doubt which may hereafter arise, between the Merchants and Officers, touching any thing comprehended in those Twenty-six Orders printed with the Book of Rates, the Lords and Commons do Order, That the said Book of Rates, together with the Directions and Allowances expressed in those Orders, shall be in all Things observed and followed by the Officers of the Customs respectively, for the Advancement of Trade, and Encouragement of Merchants.

Issues from Customs.

WHEREAS there doth remain in the Hands of the Collectors and Commissioners of the Customs, several Sums of Money by them received upon the several Bills of Tonage and Poundage, from the Twenty-fifth Day of May One thousand Six hundred and Forty-one, unto the First Day of July last past: And whereas likewise there are divers other Sums of Money, due by Bonds and otherwise, from several Merchants, for Customs, within that Time aforesaid; all remaining in the Hands of the said Collectors: All which Monies will be requisite towards the Satisfaction of several great Sums of Money due by the publick Faith of both Houses of Parliament for the Setting forth of several Fleets of Ships to the Seas for this Summer's Expedition, and other Charges of the Navy: It is this ... therefore Ordered, by the Lords and Commons in Parliament, That the said Commissioners and Collectors do, from Time to Time, issue out of the said Receipts and Debts, all such Sums of Money as they shall be appointed to pay by Order of the Committee of the Navy of the Commons House of Parliament, for the Uses aforesaid: Whose Orders, from time to time, shall be their sufficient Discharge. And the Lords and Commons do Declare, That whatsoever Monies they the said Commissioners and Collectors do issue out by virtue of this Ordinance, they, their Heirs, Executors and Administrators, shall be acquitted, discharged, and kept harmless, from any other or further Question or Account whatsoever, than to the said Lords and Commons.


Arms, &c. seized.

Ordered, That all such Arms, and other warlike Provisions, as are seized in any Place by virtue of any Warrant from this House, shall be delivered to Captain Venn; to be disposed of by him, according to such Directions as the Lord General shall, from time to time, give unto him.

" 11° Augusti,"
" To Rob Johnson of Martin's Vintry, 600:
" To Hugh Audley of the Inner Temple, 1,000:
" To Tho Hardye Of London, Goldsmith, 1,000:
" To Mr.Rob. Dickson - - - - 300:
" To Mr. Wheeler - - - - - 10,001:

[aIn the Journal of the Proceedings of the House, 8° Septembris 1642, there is this Entry; But no mark of Reference is made, where to insert it,


  • a. In the Margin, against this Order, there is wrote, "Respited."
  • b. In the Margin is wrote, "Lord Mandeville at a Conference."