House of Commons Journal Volume 2: 06 September 1642

Die Martis, 6 Septembris, 1642.

PRAYERS.

Letter Office.

RESOLVED, That the Votes that passed this House, concerning the Letter Office, and the Sequestration of the Profits, shall be transmitted to the Lords.

Sir Tho. Barrington is appointed * * * *

Countess Rivers.

The Order sent down from the Lords, concerning the Countess Rivers, was returned from the Committee with some Amendments: The which were read; and the Order, with the Amendments, assented unto; and ordered to be carried up to the Lords by Sir Tho. Barrington.

Warrant to Titchborne.

Upon the humble Petition of Benjamin Tichborne Esquire;

It is Ordered, That the said Mr. Tichborne shall have Mr. Speaker's Warrant for the Transporting himself, and Compton Tichborne his Son, and One Servant into Holland; to place his Son at Leyden, the University there, for his better Education.

Declaration, &c. in answer to Scotland.

Mr. Pym reports, from the Committee, a Declaration in Answer to a Declaration sent from the General Assembly of the Church of Scotland: The which was twice read; and, with some small Amendments made at the Table, by Vote upon the Question assented unto; and ordered to be sent up to the Lords, for their Concurrence.

And an Answer to that concurrent Approbation of the Lords of the Secret Council was likewise read; and, by Vote upon the Question, assented unto.

Message to Lords.

Mr. Marten carried up to the Lords the Declararation concerning the not Laying down Arms till the Delinquents be left to the Justice of Parliament: the Instructions for the Counties of Cambridge and Suffolk: And was to put the Lords in mind of the Order of Yesterday carried up concerning Munster; and to desire a Conference concerning an Answer to be sent to the Declaration from the Assembly in Scotland.

Answer.

Mr. Marten brings Answer, That the Lords do agree to the Declaration concerning the ... Laying down of Arms; to the Instructions for the Counties of Cambridge and Suffolk: And as for the Order concerning Munster, they will take it into Consideration: and send Answer by Messengers of their own: And they do ..... a present Conference, as is desired.

Conference.

Mr. Pym, Mr. Strode, Mr. Marten, Sir Ph. Stapilton, Sir Robert Harley, are appointed Managers of this Conference.

Letters read.

Two Letters, One of the Third of September, another of the 8th of September (relating the State of the University and City of Oxon,) from Mr. Whistler, and Mr. Smyth, Members of the House, directed to Mr. Speaker, were this Day read.

Declaration and Protestation of Yorke.

The Declaration and Protestation of the Gentry and Inhabitants of the County of Yorke, manifesting their Desires of preserving the Peace of the County, in not yielding to any illegal Commands for Levying and Raising of Men or Arms, to the Disturbance of the Peace of the Kingdom, was this Day read: And Mr. Strode, Sir Wm. Strickland, Sir Hugh Cholmeley, Mr. Rouse, are appointed to peruse the Answer that was given to the Kentish Petition, presented unto this House on Tuesday last, the 30th of August; and, according to That, to frame an Answer to be sent into Yorkshire to the Gentlemen and Freeholders of that County.

Conference; Answer to the King.

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

The Lords desire a present Conference, by a Committee of both Houses, concerning an Answer to his Majesty's late Message, presently, in the Painted Chamber, if it may stand with the Conveniency of this House.

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

The same Members as are appointed Managers of the Conference desired by this House, are appointed Reporters of This.

County of Cambridge.

Sir Dudley North brings Answer, That the Lords do agree to the Order concerning the County of Cambridge.

Conference; Great Seal.

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

Whereas there is a Conference now appointed concerning a Declaration from the General Assembly of the Church of Scotland, the Lords desire that One Particular more may be taken into Consideration; which is, a Letter sent from the Lord Keeper to Mr. Willis Clerk of the Crown, concerning the Sealing of Proclamations, and Keeping of the Seal.

Answer returned by the same Messengers;

The House has considered of their Lordships Message; and is resolved to give a Meeting for this Particular, as is desired.

The same Members that are appointed Managers of the Conference, are appointed Reporters likewise of this Part of the Conference.

Members disabled to sit.

Resolved, upon the Question, That Sir Wm. Savile, Mr. Hen. Bellassis, Mr. Jo. Bellassis, Sir Hen. Slingsby, Sir Tho. Danby, Sir Geo. Wentworth of Wolley, Sir Tho. Ingram, Mr. Wm. Mallory, Mr. Rich. Aldborough, shall be disabled for sitting any longer as Members of this House, during this Parliament, for neglecting the Service of the House; and setting their Hands to a Petition contrived in Yorkeshire, and sent up to the Parliament, in great Dishonour, and to the Scandal, of the Parliament.

Member to be summoned.

Resolved, upon the Question, That Sir Jo. Mallory be forthwith summoned to attend the Service of the House, on this Day Three Weeks, at the farthest.

Member disabled to sit.

Resolved, upon the Question, That Sir Jo. Strangewayes shall be disabled for sitting any longer a Member of this House, during this Parliament, for neglecting the Service of the House, not coming upon Summons.

Member to be summoned.

Ordered, That Sir Edw. Alford, Mr. White, be forthwith summoned to attend the Service of the House.

Col. Sandis, &c.

Ordered, That the Declaration of the Proceedings of Colonel Sandis and others * * * *

London Subscriptions.

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

The Lords have appointed Four of the Lords House, and desire that this House would appoint a proportionable number, to meet this Afternoon, at Three of Clock, at the Common Council in London, concerning the Subscriptions of Monies and Plate in London.

Answer returned by the same Messengers;

The House has considered of their Lordships ... and do agree to the Appointing of a proportionable * * *

* Harley, * Mildmay, * Barrington, * Pye, Lord Ruthen, * Long, Mr. Cromwell, * Armyn;

This Committee is appointed to meet with a proportionable Number of the Lords, to be present at Three of Clock, this Afternoon, at the Common Council in London, concerning the Subscriptions of Monies and Plate in London.

Answer to the King.

Mr. Pym reports, from the Conference, the Answer to his Majesty's late Message: Which was read; and by Vote upon the Question, assented unto: And returned to the Lords by Sir H. Vane junior.

Great Seal.

He likewise reported a Letter from the Lords; a Letter from the Lord Keeper, to the Clerk of the Crown in Chancery, in hæc verba;

SIR,

I C OULD not seal the Proclamation Writs you sent unto me, from the Lords; for that I never could have the Seal since the Receipt of them, until this Hour: And, having not farther to enlarge, I remain

Aug. 30, 1642. Your very loving Friend,

Edw. Littleton,

For Tho. Willis Esquire,

Clerk of the Crown in Chancery.

Resolved, upon the Question, That this House doth concur with the Lords, in the setting forth a Declaration to shew to the People the great Obstruction of Justice, by the taking and Detaining the Great Seal out of the Custody of the Lord Keeper.

It is likewise referred to this Committee, to consider how these and the like Inconveniences may be remedied, and prevented for the future.

Message to Lords.

Mr. Strode carried up to the Lords the Answer of this House, concerning a Declaration * * * *

Fortifying Exeter.

A Letter from Mr. Saunders, Mayor of Exon, was read; directed to Mr. Pym, dated 2° Septembris, 1642.

Ordered, That the like Order be made for the Fortifying of the City of Exeter, as was made for Yarmouth; and that the Lords be moved to join herein: And Mr. Strode to go with the Message.

Disabling Peers to sit.

Ordered, That the Bill for disabling Peers to sit in the Lords House, until, &c. shall be read To-morrow Morning.

Captain General of Ireland.

Ordered, That the Business concerning the Nominating a Captain General for Ireland shall be taken into Consideration To-morrow Morning: And Mr. Speaker is to put the House in mind thereof.

Names of Delinquents.

Ordered, That the Clerk of this House do forthwith prepare a Book to insert the Names of the Members of this House, as well as others, that are Delinquents; or that have been active in executing the Commission of Array, or in promoting the War against the Parliament, or entering into Association against the Parliament: And Mr. Morley, Sir Rob. Harley, and Mr. Whittacres, are desired to take Care that the Book be brought into the House, and the Names inserted accordingly.

Captain General.

Ordered, That the Business of Nominating of a Captain General be taken into Consideration To-morrow Morning: And that Mr. Speaker put the House in mind hereof.

Proceedings in Kent.

Ordered, That the Narrative of the Proceedings in Kent, by Sir Jo. Seton, and Colonel Sandis, be read; and considered of To-morrow Morning.

Letter to Mayor of Exeter.

Ordered, That Mr. Pym do write a Letter of Thanks to the Mayor of Exon, and acquaint him, This House hath resolved to send an Order to him to fortify that City; and that the Members of this House that serve for Devonshire, shall be desired to be assisting unto him, and the Sheriffs and Common Council of that Town, in their Fortifications; and to require him not to publish the Proclamations he hath received; and to acquaint him, that the Country may be informed thereof, that the Great Seal is not in the Custody of Edw. Lord Littleton, the sworn Officer, in whose Custody it ought to be.

Members for Exeter.

And further Ordered, That Mr. Pym do write a Letter to the Mayor, requiring him to summon the Burgesses that serve for that City, to attend the Service of this House, by this Day Fortnight; ortherwise that the House will proceed to grant Warrants for Writs for the Chusing of Two new Burgesses in their Steads.

Dep. Lieuts. of Salop.

Resolved, That Sir Ric. Lee, Sir * Wooldrige, Sir Vincent Corbett, Sir Wm. Whitmore, Mr. Weld, and Mr. Eden, shall be discharged for being any longer Deputy Lieutenants for the County of Salop.

Resolved, upon the Question, That this House doth approve of that Mr. Walter Barker, Mr. Humphrey Walcott, Captain Walter Long, Sir Gilb. Cornewall, and Mr. Hunt, to be Deputy Lieutenants for the County of Salop: And that the Lords be moved to join herein.

Members disabled to sit.

Resolved, &c. That Sir Rich. Lee and Sir Rob. Howard shall be disabled for continuing any longer Members of this House, during this Parliament, for being very active to advance and put in Execution the Commission of Array, after it was declared by both Houses to be illegal.

Proceedings against Dowthwaite.

An Information against Nicolas Dowthwaite, that he should say, That the Commission of Array was legal; and wished all those hanged that would not obey it; was this Day read: The which Information was attested under the Hands of Two Witnesses; viz. Robert Lamport, and Nicolas Sharpe; and taken upon Oath before several Justices of the Peace of that County.

Dowthwaite was called in; and absolutely denied the Words: But the House being well satisfied with the Proof, Ordered, That the said Nicolas Dowthwaite should be forthwith sent a Prisoner ..... there to remain during the Pleasure of the House.