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 Veneris, 7 Octobris, 1642.
Denny's, &c. Examination.
ORDERED, That the Examination of Sir Wm. Denny and Mr. Porter be referred to the Committee for Informations.
Habeas Corpus for Payne.
Ordered, That the Lord Chief Justice be desired to grant a Habeas Corpus, returnable immediate with a pæna pro Rege, requiring the Keeper of the Prison at Bathe to return up to the Parliament, the Person of Wm. Payne, a Prisoner in the Gaol at Bathe; and that this Writ be granted without Fee.
Ordered, That the humble Petition of Mr. Browne, his Majesty's Gun Founder, concerning Twenty Pieces of Ordnance, stayed by Order of this House, be referred to the Committee for the Navy: And that the Ordnance do continue where they are, in the mean time: And that the whole Business concerning the Matter of Ordnance, be referred to the Consideration of this Committee.
The humble Petition of Sir James Mountgommery Knt. and Colonel, concerning some Freeholders and others of the Irish Nation, within the Barony of Lecaile, in the County of Downe, in the Kingdom of Ireland, reduced unto their Obedience, and to submit themselves unto his Majesty's Mercy, by Sir James Montgommery, was this Day read; and referred to the Committee of Adventurers; to consider what is fit to be done upon it; and to report it to the House.
Leave of Absence.
Mr. Matthew has Leave to go into the Country.
Ordered, That all that will come shall have Voices at the Committee concerning Maidston.
Warrant to Norris.
Ordered, That Mr. Tobias Norris, appointed by the Lords Justices, amongst other Things, to transport Four Tons of Match, packed in Four dry Fats, and Eleven Hogsheads, shall have Mr. Speaker's Warrant to transport them.
Assembly of Divines.
Mr. Speaker left the Chair.
Mr. Ellis called to the Chair.
And the Committee of the House resumed the Consideration of the Bill for calling the Assembly of Divines.
Mr. Speaker resumed the Chair.
Collector of Money.
Whereas James Penfole, High Collector for the Lath of Shepway, and Hundreds annexed, in the County of Kent, of the First Payment of their proportionable Part of the Sum of Twenty thousand Two hundred and Eighty-one Pounds Fifteen Shillings and Seven Pence Halfpeny, rated and assessed upon the County aforesaid, by an Act, intituled, An Act for the Raising and Levying of Monies for the necessary Defence, and great Affairs, of the Kingdoms of England and Ireland, and for Payment of the Debts undertaken by the Parliament, hath, by virtue of an Order, to him directed, from the Committee for the Safety of the Kingdom, under the Hands of the Earl of Northumberland, Mr. Hollis, Mr. Pym, and others of the said Committee, paid out of the said Monies which were collected, and which he was then bringing up to pay in to the Treasurers by the Act aforesaid appointed to receive the same, the Sum of Six hundred Pounds, to Rich. Dawkes, for the Safeguard of the Castle of Dover; for the Receipt whereof he hath the Acquittance of the said Rich. Dawkes: It is Ordered, That the Treasurers for the Subscription Monies to the Propositions for the Safety of the Kingdom shall pay unto the said James Penfole, or his Assignee, forthwith, upon the Delivery of the Order, and Acquittance aforesaid, the said Sum of Six hundred Pounds. out of the first Monies which shall be to them returned out of the County of Kent.
Assembly of Divines.
Mr. Ellis reports from the Committee, That the Committee is of Opinion, that this Bill concerning an Assem ... * * * * .
Resolved, That Directions shall be given for preparing a new Bill for calling an Assembly of Divines, for settling the Church Government.
Mr. Solicitor, Mr. Whitlock, Mr. Rous, Mr. Rigby, Mr. Ellis, or any Two of them, are appointed to prepare a new Bill for calling an Assembly of Divines, for settling the Church Government, &c.: And are to meet when and where they please.
Ordered, That all the Complaints concerning Captain Constable be referred to the Committee for the Navy.
Message to Lords.
Sir Wm. Armyn carried up the Order concerning Captain Dawson: The Order concerning Northamptonshire: The Order concerning Match and Powder: The Order concerning the Earl of Antrim: The Order concerning Lieutenant Pleddall.
Escape of Legg.
He is likewise to move the Lords, that some exemplary Punishment may be inflicted upon the Keeper of the Gatehouse, for suffering Captain Legg, their Prisoner, to escape: And likewise to desire, that the Lords would take the best Course they could, for the Apprehending the Person of Captain Legg.
Ordered, That the Keeper of the Gatehouse be forthwith brought in safe Custody to this House, to give an Account of the Escape of Captain Legg.
Petition to the King.
The Lord Ruthen went up to the Lords, to desire a free Conference concerning the Matter of the last Conference had with the Lords, touching the Delivery of the Petition to his Majesty.
Sir H. Vane junior, Mr. Whittlock, Mr. Pym, Mr. Pierrepoint, are appointed Managers of this Conference.
Articles against Shukburgh.
The Articles against Mr. Shukburgh, a Member of this House, and his personal Answer unto them, was this Day read.
Resolved, That Mr. Shukburgh be forthwith bailed: And that the Business be referred to farther Examination.
Answer from Lords.
Sir Wm. Armyn brings Answer, That the Lords do agree in injoining the Lord Lieutenant of Ireland to bring in his Instructions; and to all the Orders carried up by him.
The Lord Ruthen brings Answer, That the Lords will give a present Meeting at a free Conference, in the Painted Chamber, as is desired.
Petition to the King.
A Message from the Lords, by Dr. Aylett and Dr. Heath;
The Lords desire the Resolutions received at the late Conference, touching some particular Amendment desired by them, concerning the Delivery of the Petition by the Lord General to his Majesty, may be speedily sent to them.
Answer returned by the same Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.
Mr. Whittlock reports, from the Conference with the Lords, One Amendment to the Votes to be sent to the Lord General; viz. "That the Lord General, by himself, or such Hands as he shall think fit, shall, with all convenient Speed, deliver the Petition unto his Majesty."
This was read, and assented unto, by Vote; and ordered to be carried up to the Lords, by Sir Tho. Barrington: And that the Votes concerning the Delivery of the Petition to his Majesty be fair written, and sent to the Lord General in a Letter.
Lords to sit.
A Message from the Lords, by Dr. Aylett and Dr. Heath;
The Lords intend to sit this Afternoon, at Four of Clock, concerning this Business.
Agent in Holland.
A Letter from Mr. Walth. Strickland; wherein he does express the Passages of his Carriage there; and wherein he desires to know whether he shall continue there, after he has received the Answer to the Declaration; and whether he may publish the said Declaration.
Resolved, &c. That Mr. Walth. Strickland shall continue Agent for the Parliament, with the States General of the United Provinces, after that he has received an Answer to the Declaration; and that he shall send the said Answer by an express Messenger; and shall be authorized to complain of such Things as he shall find to tend to the Prejudice of the Parliament, either to the States General, or to the particular States of the particular Provinces.
Resolved, &c. That it shall be left to Mr. Walth. Strickland to publish the Declaration, as in his Discretion he shall think it most advantageous to the Service.
Ordered, That it be referred to the Committee for Adventurers, to consider of the Order and Contract made with Quarles, concerning the Transporting of Arms into Ireland.
Officers from Holland.
Resolved, upon the Question, That as soon as this House is informed what Commanders or Officers are come over hither, out of Holland, to serve against the Parliament, they will send a List of their Names, to Mr. Walth. Strickland.
Resolved, upon the Question, That an Impeachment of High Treason shall be drawn against Broccas, the Keeper of the Gatehouse.
Mr. Reynolds is appointed to impeach Broccas, the Keeper of .. Gatehouse, of High Treason, for suffering Captain Legg, his Prisoner upon High Treason, to escape.
Resolved, &c. That Broccas shall be committed Prisoner to the King's Bench, for High Treason, for suffering Captain Wm. Legg to escape; who was committed to the Prison of the Gatehouse, for levying War against the King and Parliament.
Sir Ro. Pye, Sir Wm. Armyn, Mr. Glyn, Mr. Bell, Mr. Wheeler, Mr. Whittacre, Mr. Valentine, are appointed to consider how the Prison of the Gatehouse may be safely kept, in the Absence of Broccas the Keeper.
Mr. Glyn is appointed to carry up, at a Conference with the Lords To-morrow * * * *.
Plate, &c. stayed.
Ordered, That it be referred to the Committee for Informations, to examine the Business concerning some Plate lately stayed in the County of Essex, belonging to * *, a Recusant.
Resolved, &c. That the Horse and Arms stayed, belonging to the said * *, a Recusant, shall be detained.
Horse at Cambridge.
Ordered, That One of the Horses raised upon the Propositions at Cambridge shall be there kept, to be employed for the Service of the Town, and maintained according to the Propositions.
Ill-affected at Northampton.
Whereas divers Persons, not well affected to the Peace of the Kingdom, having been summoned, by Warrant from the Deputy Lieutenants of the County of Northampton, to send in Horse, Arms, and Men, to be trained and exercised, at certain Times and Places, by the said Warrants, appointed for the Safety and Defence of the said County, in these Times of imminent Danger; yet the said ill-affected Persons have refused to obey the said Warrants, and to send in their Horse, Arms, and Men, for the Purposes aforesaid; but reserve the same (as may be justly suspected) in Readiness, rather for the Disturbance than Preservation of the Peace of the said County: For Prevention of which, the Lords and Commons do hereby authorize the Committee appointed by both Houses of Parliament, for the Safety of that Country, to seize the Arms and Horses, for the Service of the War, belonging unto those Persons; and to put them into such Hands as they shall think fit; and likewise to apprehend and secure the Persons of such as are, or shall be justly suspected to be, dangerous to the Peace of the said Country.
Conveying Ammunition, &c.
Whereas Mr. Wm. Pennoier, Merchant, is employed by the State, for sending away to Bristoll Six hundred Barrels of Gunpowder, Forty Ton of Match, and other Necessaries, for the present Relief of the miserable Condition of Ireland, with all possible Speed: It is therefore Ordered, by the Lords and Commons, That the said Mr. Pennoier shall take up and employ, for this present and important Service, all such Bristoll and Western Waggons, Carts and Carriages, as now are, or shall be in Town within Five Days; he paying the usual Rates for the same: And all the Owners, and other intrusted with the said Waggons, Carts, and Carriages, are hereby required to yield Obedience hereunto; as they will answer the contrary. And it is likewise Ordered, That the said Waggons, Carts, and Carriages, so employed by the said Mr. Pennoyer, for this Service, shall not be searched or stayed by any Person whatsoever. And it is lastly Ordered, That Three hundred Barrels of Powder, Part of the Six hundred Barrels, shall be forthwith delivered to the said Mr. Pennoyer, out of the Stores of the City of London; he paying after the Rate of Four Pounds Fifteen Shillings the Barrel.
Petition of Robert Jackson, a Minister, read; but nothing done upon it.
Accusing Keeper of the Gatehouse.
Mr. Reynolds went up to the Lords, with a Message, to accuse the Keeper of the Gatehouse of Treason, for suffering Captain Legge, committed to his Custody, being taken in Levying of War against the Parliament; and for That Cause committed ....
Message to Lords.
Sir Thomas Barrington carried up to the Lords the Vote concerning the Delivery of the Petition to the King; and for Mr. Pennoyer to press Carts; and Votes concerning Mr. Strickland.
Hatsell's &c. Debt to Creagh.
UPON the humble Petition of Henry Hatsell, of Minhead, Merchant, in the Behalf of Himself, John Blake of Mynehead, and David Berry of Taunton in the County of Somersett, Merchants, this Day read in the Commons House of Parliament; shewing, That your Petitioner Hatsell, coming bound for a Debt of One hundred and Eighty One Pounds Thirteen Shillings, due to Peirce Creagh, of the City of Lymrick, Merchant; and the said Black and Berry stand severally indebted to the said Creagh in the like Sum, or thereabouts, the said Creagh being in open and actual Rebellion in Ireland, employeth one Lewis Lasbrook of Minhead, an Attorney at Law, to prosecute against your Petitioners Hatsell, Blake, and Berry; It is thereupon Ordered, by the said House, That the said Lasbrook be injoined to forbear prosecuting the Suits he has commenced against your Petitioners Hatsell, and the said Blake, and Berry, or any of them, on the Behalf of the said Creagh: And that the said Monies due from the said Creagh shall remain in the Custody of the said Hatsell, Blake, and Berrie, until this House take further Order. It is also Ordered, That the said Lashbrook be forthwith sent for, not only to answer his Proceedings in the Premises, but to deliver up all such Writings and Specialties he hath received from the said Creagh.