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, 1 Septembris, 1642.
Ly. Benion's Money.
WHEREAS it was formerly Ordered, That the Monies of the Lady Benion should remain in the Custody of the Chamber of London; whereas, indeed, it was never in the Chamber of London; but in the Custody of the Treasurers for the Subscription Monies at Guildhall:
It is this Day Ordered, That those Monies which remain in the Lord Mayor's Hands, allowing the Three hundred and Thirty-nine Pounds, which the Lord Mayor has already paid to Creditors, be removed out of the Lord Mayor's Hands; and continue in the Hands of the Treasurers for the Subscription Monies.
Ordered, That Robert Clerke, Vicar of Andevor, who is a Prisoner in the King's Bench, by a former Order of this House, for Contempt of an Order of this House, be, upon his humble Petition, expressing his Sorrow, that he had offended the House, forthwith discharged from any farther Imprisonment.
Affairs in Northampton.
Two Letters from the Committee at Northampton of the 29° of August, concerning some Service done by the People of the Country upon some Troopers; and desiring to know what shall be done with the Arms, Horse, and Goods, seized by the Country People;
Ordered, That it be recommended to the Lord General to dispose of such Arms, Goods, and Horse, as are taken in the County of Northampton, by the People of the Country, to such Persons as have taken them: And that he would take Order for sending up for Sir Wm. Boteler and Sir Anth. St. Leger, who are Delinquents, to this House: And that the Consideration of Jo. Havers, Sam. Wightwick, and Christopher Smyth, who are detained at Custody at Northampton.....
Two Letters from Waynefleete, of the 30th of August, concerning the Apprehending some Ten Gentlemen, and divers great Trunks and Chests, which were landed at Skegnes in Lincolneshire, in the Night-time, and were apprehended, and sent to Boston; and are from thence returned to the Parliament.
Dep. Lieuts. of Lincolne.
Resolved, That this House doth nominate and approve of Sir Jo. Brownlow Baronet, Sir Wm. Brownlow Baronet, Tho. Grantham Esquire, Tho. Lister Esquire, to be Deputy Lieutenants of the County of Lincolne.
Issues for Army.
Ordered, by the and Commons, That the Treasurers for the Subscription of Plate and Money in Yieldhall, London, shall issue from time to time, unto the Treasurer for the Army, such Sum or Sums of Money, as they shall be willed and required from time to time, by Warrant from the Lord General, to issue: Which Warrants, together with an Acquittance under the Hand of the Treasurer of the Army, or his Deputy, shall be a sufficient Discharge.
Ordered, That it be referred to the Committee for the absent Members, to consider what Members that have been summoned, have appeared, and gone down again without Leave: And are to meet this Afternoon, Two .. Clock, in the Court of Wards.
Ordered, That such Members of the House as shall appear, being summoned, and go down again without Leave of the House, and shall absent themselves from the Service of the House, shall be disabled to sit any longer as Members, during this Parliament [a].
Affairs in Essex.
The House being informed, That the Sheriff of the County of Essex was at the Door; and desired the Direction of the House concerning some Warrants he had received from some Justices of Peace of that County, for raising the Posse Comitatus for suppressing some riotous Assemblies;
The Sheriff was called in: And Mr. Speaker told him, "That the House had taken often Notice of the good Service done by him to the Parliament; and do well approve of the Respects now done by him to this House, in first acquainting them with the Warrants he has received for raising the Posse Comitatus, before he did any thing upon those Warrants: And the House hath commanded me to injoin you not to do any thing upon the Warrant you have received, signed by Sir Tho. Bendish and Geo. Gent, nor upon any other Warrant of the like Nature, until this House shall be first acquainted therewith, and that the House take farther Order herein."
Sheriff of Oxford's Arms.
Declaration from Scotland.
Resolved, upon the Question, nemine contradicente, That the Government of the Church of England, by Archbishops, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Archdeacons, and other Ecclesiastical Officers, hath been found, by long Experience, to be a great Impediment to the perfect Reformation and Growth of Religion, and very prejudicial to the State and Government of this Kingdom: And this House doth resolve that the same shall be taken away.
Declaration in Answer to Scotland.
Mr. Solicitor, Mr. Browne, Mr. Whitlock, Mr. Rous, Mr. Pym, Mr. Reynolds, Mr. Hill, Sir Ro. Harley, Mr. Marten, Sir Tho. Barrington, Mr. Rigby, Sir H. Mildmay, Sir Philip Stapilton, Mr. Hatcher, Mr. Wheeler, Mr. Salloway, Mr. Serjeant Wilde;
This Committee or any Four of them, are to meet this Afternoon, at Three of Clock, in the Court of Wards, to prepare a Declaration in answer to the Declaration from the General Assembly of the Church in Scotland: They are likewise to declare the Mischiefs that have come to this Church and State by Episcopacy.
Member committed, &c.
Resolved, upon the Question, That Mr. Jo. Russell, a Member of this House, shall be committed to the Custody of the Serjeant attending on this House; there to remain during the Pleasure of the House: And that the Examination of him, and of the Cause of his Absence, be referred to the Committee appointed to consider of the absent Members.
Leave of Absence.
Raising Forces in Oxfordshire, &c.
THE Lords and Commons being informed that divers Troops of Horse, armed in a warlike Manner, have lately entered into the City of Oxford, and plundered the Houses of some of his Majesty's good Subjects in that City, and are there entertained and supplied by the malignant Persons Inhabitants, and by many Delinquents and Papists, who have resorted to that Place; and there harbour themselves; and are now endeavouring to fortify it; and have raised Forces, and make it a Rendezvous for wicked and ill-affected Persons, combining together to suppress the true Protestant Religion, to make themselves Masters of the Lives and Fortunes of his Majesty's loyal Subjects in those Parts; who, being much terrified with these Proceedings at Oxford, have many of them removed their Families from their Residence near that City, and desired Aid and Relief from Parliament: Which the Lords and Commons having taken into due Consideration, do order and straitly require the Lord Lieutenants, and the Deputy Lieutenants, of the several Counties of Oxon, Buck', Berks, and Gloucester, do forthwith repair to their respective Counties; and that they, and the High Sheriffs, Gentlemen, and Inhabitants, of the said several Counties, do forthwith raise all such Forces as they can make of Volunteers, both Horse and Foot, within the said several Counties, for Defence of the Lives of themselves, their Wives and Children, and their Fortunes, from Rapine and Spoil, and for the Preservation of the Peace of their Country, and to be under the Command of such Persons as are or shall be appointed by both Houses of Parliament for that Service: And the Lord Lieutenant, High Sheriff, and Deputy Lieutenants, of the said County of Oxon, are hereby ordered and required forth with to raise all the Trained Bands, both Horse and Foot, of the said County and Volunteers there, both Horse and Foot: And the Trained Bands of the said County are hereby required to appear, with their Arms complete, at such Times and Places, and to perform and execute such Service, for the Safety of the said County, as by the Lord Lieutenant, High Sheriff, and Deputy Lieutenants, of the said County of Oxon, or any Two of the Deputy Lieutenants, in the Absence of the Lord Lieutenant, shall be directed and required: And such of the said Trained Bands, or others, of the said County of Oxon, as shall make Default herein, shall be forthwith disarmed, and sent up to the Parliament, as Delinquents: And those well-affected Persons, Volunteers, who shall be raised in the said several Counties, for the Purposes afore-mentioned, are hereby desired and authorized to join with the Trained Bands, and such other Forces as are or shall be provided for the Protection of his Majesty's good Subjects, to march, with all Expedition, to the said City of Oxon, for the Suppressing of the said Insurrection there, and the Dispersing, Apprehending, and Disarming, of those ill-affected Persons and Forces gathered together in that Place; and for the Safety of the Lives and Fortunes of his Majesty's Subjects in the said Counties, and the necessary Preservation of the Peace thereof: And that the Lord General be desired to grant such Commissions as shall be fit to put this Order in Execution; and to add such other Forces, and to give such other Powers, as he shall think convenient for the Settling of the Peace of the County there, and Protection of his Majesty's Subjects.
WHEREAS, upon Information given this House, that a Ship, called the Cleare, of London, lately arrived in the Port of Southampton, from the West Indies, under the Charge of Benedict Stafford, Master of the said Ship, laden with Silver, and other Commodities of Value, was brought into the said Port of Southampton, without Consent of the Owners of the said Silver, and other Goods; which concerned this High Court of Parliament, both in Honour and Justice, to take special Care that no Subjects of any foreign State might be wronged, by the Miscarriage of any Subjects of this Kingdom, but to make timely Provision, that Right might be done to any lawful Proprietor of those Goods: For the Effecting whereof, both Houses of Parliament did Order, that, after due Execution of the Value of the said Bullion, or Coin, and of the Quantity and Quality of the other Lading of the said Ship, the said Bullion, or Coin, should be sent up to London, with a sufficient Guard, to be reserved to the Use of the true Owners; to be restored to them so soon as the Parliament should be informed to whom the said Bullion, Coin, or other Goods, did of Right belong: And whereas, since the Making that Order, the said Benedict Stafford, Master, and Part Owner of the Clare, together with John Marston and Daniel Ferfaix, other Owners of the said Ship, have, by their Petition to this House, claimed the Property of the said Ship, and have given further Information of the Proceedings of the whole Voyage with that Ship, from St. Lucas in Spaine, where the said Master left his Ship to Freight, for Fifteen Months, to Merchants, Subjects of the King of Spaine, to go for Saincto Domingo in the West Indies, there to discharge, and to relade back for St. Lucas; where the Master, having taken in his Lading of Ginger, Hides, and other Merchandize, expecting his Discharge within his Time, according to the Charter-party; but was detained above Twelve Months beyond that Time, by the Factors and President of St. Domingo, who denied to give Dispatch unto the said Master, or to make him a Certificate according to Right and Custom of Merchants, to his great Prejudice, and to the Hazard of the Loss of his Ship, being eaten out with the Worms; and likewise of the Lives of himself, and all his Company; which enforced him to depart with his Ship for St. Domingo, upon the Desires of divers Merchants, Subjects of the King of Spaine, who had laden aboard her a Quantity of Cochineal, and some Silver in Coin and Bars; and, for Want of the said Certificate of the Factors and President of St. Domingo, the said Master durst not return for St. Lucas, but came for England, for Justice against the Freighters of the said Ship in St. Lucas; and for that End, presently upon his first Arrival in England, repaired to the Court of Admiralty, where he, and the rest of the Owners, informed that Court of the whole Proceedings; and have made Proof thereof, by Witnesses, upon Oath, according to the Course of that Court; and do attend, expecting Justice against the Freighters, for their Freight and Damage: And the better to manifest the Clearness of their Proceedings, the said Master and Owners did address themselves unto the Spanish Ambassador residing in London; acquainted his Lordship with the Truth of the Case, with the Names of the Freighters, and with * * * *