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, 12 Octobris, 1642.
Person sent for.
RESOLVED, That Mr. Hubert Hussey shall be forthwith sent for, as a Delinquent; for laying it to Sir Walth. Erle's Charge, that if the Peace of the County of Dorsett were disturbed and interrupted, that they had cause to lay it to his Charge; whenas he did nothing but in pursuance of the Orders and Instructions of both Houses.
Member to be summoned.
Resolved, That Sir Gerard Napier be summoned forthwith to attend the Service of the House; all Delays and Excuses whatsoever laid aside.
Ordered, That it be referred to Sir Ro. Pye and Mr. Wheeler, forthwith to consider how the Hundred Pounds formerly bestowed upon the Viscountess Baltinglasse, may * speedily paid unto her; and to pay the same accordingly.
Informations against Curate of Salford.
Ordered, That the Informations against the Curate of Salford, concerning a Libel taken with him, sent up by the Bailiffs of Chepping Norton, be referred to the Consideration of the Committee for Informations.
Relief of Prisoners.
Ordered, That it be referred to the Committee for Prisons, to take care for some convenient Relief to be allowed to those Prisoners taken at Brackley, and now in the New Prison, and the House of Correction, in the County of Middlesex.
Ordered, That it be recommended to the Lord Esmond, Governor of the Fort of Duncannon in the Kingdom of Ireland, to take some Course, either by Exchange or otherwise, that Thomas Plunkett, now a Prisoner in the Rebels Hands, may be delivered from his Imprisonment.
* * * *
Privilege- Scandal on a Member.
Mr. Henry Darrell was called in to the Bar: Mr. Speaker told him, That he had been accused of a Scandal raised upon a Member of this House; "That he had taken a Bribe:" You have been often heard at the Committee; and that you could lay it upon no Man, but one Foster, a convicted Recusant in the King's Bench; who denies it, and lays it upon Mr. Darrell * * * *
Mr. Darrell was again called in; and Mr. Speaker told him, That it was left unto him to make a Retraction under his Hand.
Examination of Fountaine.
Mr. Fountaine, who was sent for as a Delinquent, was called in: And Mr. Speaker acquainted him, That the House had sent for him, as a Delinquent, for Contempt to the Committee, in refusing to give any Answer to the Committee of both Houses.-Being demanded, whether he would contribute any thing in this Time of common Danger; Answered no otherwise than That he did humbly desire, that he may not be compelled to give any Answer. He was asked, Whether this were his Answer: Did confess it was. And being .. what was the Reason he would give no other Answer; Said, He conceived it was against the Petition of Right.
Message to Lords.
Sir Walth. Erle went up to the Lords, to desire them to sit awhile.
He likewise carried up the Addition to the Instructions for the Deputy Lieutenants of Dorsetshire: The Order concerning the Fortification of Exeter, being the same with that for Yarmouth, mutatis mutandis: The Order for Three hundred Pounds of the Contributions, to be allowed to the City of Exon for Fortifications: The Order for the Indemnity of those at Yarmouth, that seized the Ship laden with Arms or Ammunition: The Order for the Arrears due to Serjeant Major Warren.
Sir Walth Erle brings Answer, That the Lords do agree to all the Orders carried up by him; and that they will sit awhile.
Fountayne committed, &c.
Resolved, That Mr. Jo. Fountayne shall be committed a Prisoner to the Gatehouse, there to remain during the Pleasure of this House; for his Contempt in not answering, contrary to the Order of both Houses: And that his Arms shall be seized, and taken from him, by the Sheriffs of London.
Declaration concerning Propositions.
Mr. Solicitor, Mr. Marten, * Pierrepoint, * Prideaux, * Corbett, * White, and the Committee for the Propositions, are appointed to prepare a Declaration, to set forth, That this Demanding of Contribution, upon the Propositions, is according to Law; and to set a Mark of Malignity and Disaffection upon such as shall refuse to contribute, in this Time of common Danger: And are to meet this Afternoon, at Three of Clock, in the Exchequer Chamber.
Letters from Nicholas, &c.
A Message from the Lords, by Dr. Aylett and Dr. Heath;
The Lords have sent down these Two Letters; the One from Sir Edw. Nicholas; the other from the Lord Forbes in Ireland.
Defence of London, &c.
Upon a Report from the Committee for Defence,
It is Resolved, upon the Question, That a Conference shall be desired with the Lords: And that One Head of the Conference shall be, to desire that the City of London, together with the Counties of Middlesex, Essex, and Hertfordshire, may be put into a ready Posture of Defence; and their Arms viewed, and Officers put over them, that they may be in a Readiness to come to the general Rendezvous at an Hour's Warning.
Mr. Nicoll went up to the Lords, to desire a Conference concerning this Business.
Ordered, That the humble Petition of divers of the Citizens of Coventrie be referred to the Committee for the Defence of the Kingdom: And they are desired to consider of some speedy and effectual Way for their present Relief, according to their Petition.
Ordered, That the Letter from the Lord Forbes out of Ireland, of the Twenty-seventh of September, be referred to the Committee for the Affairs of Ireland.
Mr. Pym, Sir H. Vane junior, are appointed Managers of this Conference.
Letter from the King.
Ordered, That the Letter from his Majesty to Mr. Powell be referred to the Committee that is appointed to prepare the Declaration concerning the Contributions.
A Message from the Lords, by * * * *.
The Lords do agree that the Drawing of the Declaration mentioned in the last Conference, be referred to the Committee for the Defence of the Kingdom: And that there might be Mention made, in that Declaration, of the Examinations taken of David Alexander.
Answer returned by the same Messengers; That the House has considered their Lordships Message; and do agree to refer the Drawing of the Declaration to .. Committee for the Safety of the Kingdom, as is desired.
Declarations from the Scotts.
Ordered, That the Consideration of the Declarations from the Scotts Commissioners, be taken into Debate To-morrow Morning.
Suffolk, &c. Collections.
Ordered, That the Deputy Lieutenants and Treasurers of the Counties of Suffolk, Norfolk, Kent, Herts, Essex, and of the several Cities and Corporations in the said Counties, be required forthwith to send up the Money and Plate collected in these several Counties upon the Propositions: And that the Members of this House, of these several and respective Counties, do write to the Deputy Lieutenants and Treasurers of these several Counties, to this Purpose.
The Lords Concurrence to be desired herein.
Persons refusing to contribute.
Ordered, That To-morrow Morning the House shall take into Consideration what is fit to be done with those that refuse to contribute upon the Propositions, in this Time of great Necessity and common Danger.
Ordered, That this Letter from the Mayor of Dover be referred to the Committee for Informations.
IT is this Day Ordered, by the Lords and Commons, That all and every the Articles of the Instructions agreed upon by the Lords and Commons in Parliament, the Sixteenth Day of August 1642, for the Earls Bedford and Pembroke, the Lord Viscount Cranborne, Denzell Holles Esquire, Sir Walter Erle, and Sir Thomas Trenchard, Knight, John Browne Esquire, and Colonel Charles Essex, Persons especially appointed and authorized to repress the Rebellion and Commotion raised, by the Marquis of Hartford and his Adherents, in the Counties of Somersett and Dorsett, and other the Western Counties, shall continue and be in Force against the said Adherents, notwithstanding the said Marquis, he being departed with his Forces out of the said Counties. And it is likewise Ordered, That the Second of the said Instructions shall extend to the Leading and Conducting of all such Forces of Horse and Foot, as are, or shall be, appointed by the Committee of both Houses for the Safety of the Kingdom, as well as to those that are or shall be appointed by the Lord General the Earl of Essex.
Ship, &c. seized at Yarmouth.
WHEREAS a certain Ship laden with Gunpowder, Arms, and other Munition, and having in her One hundred and Forty Soldiers, or thereabouts, was sent from Roterdam, beyond the Seas, unto Newcastle; which said Ship, Soldiers, Arms, and Ammunition, was to be employed to maintain the present unnatural War against the Parliament and his Majesty's good Subjects, as by divers Examinations, Letters, and other Evidence, do manifestly appear; which said Ship, by contrary Winds, and a Leak happening, was inforced to put in at the Port at Yarmouth, in the County of Norfolk. And whereas the Bailiffs, Justices of the Peace, and other Officers in that Town of Yarmouth, with other Persons, by their Command, and in their Assistance, did seize upon the said Ship, and apprehend the Captains, Officers, and Soldiers, that were brought in that Ship, and them disarmed, and put in safe Custody: It is Declared, and Ordered, by the Lords and Commons now in Parliament assembled, That the said Arresting of the said Ship, Seizing of the Arms, Gunpowder, Munition, and other the Loading of the said Ship, the Apprehending of the said Captains, Officers and Soldiers, in Yarmouth aforesaid; and also in Gorleston, and other Places near adjoining to Yarmouth, and the Committing of them to safe Custody, and the Disarming of them, was done according to Law; and whereunto, by their several Offices and Places, they were bound unto, and was just and lawful for them so to do: And for their doing thereof are not to be impeached or molested. And it is further Ordered and Declared, That the Bailiffs and Justices of Yarmouth, or any Two of them, shall and may, from time to time, search, arrest, stay, and seize, any Ship, or other Vessel whatsoever, loaden with Arms, Munition, or that bring over any Soldiers into any Parts of this Kingdom, without Consent of Parliament, or Authority of both or either Houses of Parliament, or by Authority derived from the same; and shall, from time to time, make Search for, arrest, disarm, and imprison any Person or Persons whatsoever, as well within the said Town of Yarmouth, as in the Towns of Gorleston and South Towne in the County of Suffolk, and in the County of Norfolk, that is, or shall be justly suspected to pass from beyond the Seas, to assist the King, in this unnatural War against the Parliament, or against the good Subjects of this Kingdom; and thereof give Notice to the Parliament.