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 Martis, 24 Januarii, 1642.
RESOLVED, upon the Question, That this House doth nominate and approve of Francis Pierrepointe Esquire; Sir F. Thornhagh Knight, Jo. Hutchinson Esquire, F. Thornhagh Esquire, Jo. Millington Esquire, Huntington Plumptree Doctor in Physick, Henry Ireton Esquire, George Hutchinson Esquire, Charles White Esquire, Joseph Widmerpole Esquire, Tho. Salisbury Esquire, Rich. Hardmett Mayor of the Town of Nottingham, James Chadwick Esquire Deputy Recorder, John James Alderman, to be Committees for * * *.
Notting bam Committee.
Resolved, That the Committee for the County and Town of Nottingham shall have Power to make and depute a select Committee for Secrecy and Expedition.
The Committee at Nottingham sent up, inclosed, certain Letters intercepted near Nottingham; One His Majesty's, under his Majesty's own Hand, to the Earl of Newcastle; which was sent up sealed: And
It was Ordered, upon the Question, That it should be opened.
A Letter from Secretary Nicholas to the Earl of Newcastle; and a Libel inclosed; and other Letters inclosed; were all ordered to be sealed up, and delivered to Mr. Speaker.
Petitions from Chichester.
The humble Petition of divers of the Inhabitants of the City of Chichester, and likewise the Petition of John Bartholomew Mayor of Chichester; were this Day read; and referred unto Sir Tho. Jervoise, Mr. Bainton, Mr. Morley, Sir Robert Parkhurst, Mr. Whittlock, Mr. Stapley, Sir Nevile Poole, Mr. Maynard, Sir Tho. Barrington, Sir Jo. Holland, Sir Robert Harley, Mr. Glyn, Mr. Blakiston, Mr. Rich. Moore, Lord Dungaroon.
This Committee has likewise the Power to receive all other Informations and Petitions of the like Nature; and to consider of Ways and Means for their Redress; and to report them to the House.
A Message from the Lords, by Sir Robert Riche and Mr. Page;
The Lords desire a Conference, by Committees of both Houses, presently, in a the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Propositions sent from this House.
Answer returned by the same Messengers; That this House has considered their Lordships Message; and will give a present Meeting.
Mr. Holles, Mr. Pierrepointe, Mr. Glyn, Mr. Maynard, are appointed Reporters of this Conference.
Ordered, That the Servant of Sir Robert Coke shall have Mr. Speaker's Warrant to pass to his Master.
Proceedings on King's Letters to the City, &c.
The Question being put, Whether the Question for printing the King's Letter should be put;
It passed with the Negative.
A Letter from his Majesty, of the 18th of January, to the Master and Wardens of the Company of Apothecaries; and a Letter and Declaration, printed, from his Majesty to the Sheriffs and City of London; were this Day read.
Resolved, &c. That the Sheriffs of the City of London, and Masters and Wardens of the several Companies of the said City, do not publish, or permit to be published, his Majesty's Letter and Declaration to the Sheriffs and City of London, of the 17th of January, in any of the several and particular Halls, or elsewhere in the City: And that it be recommended unto the Lord Mayor, Sheriffs, and the other Magistrates of the City, to have a Care that the several Companies do not meet, to the Disturbance of the Peace of the City.
The Lords Concurrence to be desired herein.
The House being informed, That the Sheriffs of the City of London were at the Door; who desired to inform the House of some Particulars;
They were called in; and informed the House, That they had received a Letter from his Majesty; in which were many Directions, that they would not follow until they had first acquainted this House therewith.
They then retired.
And the Letter being the same with That printed, Part of it only was read.
That the Sheriffs shall be required not to do any thing in pursuance of the Directions received in this Letter from his Majesty: And that the Reason thereof shall be, in regard that this House doth conceive it to be a bloody Design to destroy the City and Parliament.
It is farther Ordered, That the Sheriffs shall have Thanks given them, for doing their Duty, in acquainting this House with this Letter, before they would execute any thing in pursuance of the Commands received herein: And that the Sheriffs be required not to publish or execute any personal Commands that they shall receive from his Majesty, without first acquainting this House therewith: And that they do apprehend, and make Stay of, all such Messengers as shall bring any Commands, Letters, or Directions, from his Majesty; and to acquaint the House there with.
Resolved, That the Sheriffs of the City of London shall be saved harmless, for not publishing any Proclamations, Letters, or Directions, for the not Publishing of which they have had any Orders, Commands, or Directions, from both or either House.
Ordered, That the Lord Mayor and Sheriffs of the City of London, Colonel Manwaring, and all other Officers, do take a special Care to apprehend all such Persons as brought or delivered any of the Letters from his Majesty, directed to any of the Companies of the City of London: And likewise to apprehend any other that shall come from Oxon, from his Majesty; and to acquaint the House therewith: And the Masters of every Company are required to apprehend all such Persons as shall bring or deliver any of the said Letters unto them.
Mr. Pym, Mr. Marten, Mr. Strode, Mr. Glyn, Sir H. Vane junior, Mr. Prideaux, Mr. Holles, Mr. Pierrepointe, are appointed to prepare Heads for a Conference with the Lords, concerning the Letter from his Majesty to the Sheriffs; and a printed Letter from his Majesty to the Masters and Wardens of the several Companies, upon the Votes that have passed this House concerning this Matter.
This Committee is likewise to prepare an Ordinance for the Indemnity of the Sheriffs, in not publishing these Letters, or any other Letters, Directions, Commands, or Proclamations, for the not Publishing whereof they have received any Command, Direction, or Order, of both or either House of Parliament.
Subscriptions for Forces.
Ordered, That those Persons that have subscribed any Monies, to be employed for the Raising of a Thousand Dragooners, and other Forces, for the Defence of Lancashire and other Places, as the Lord General should direct, and have not yet brought in the same, be required to bring in their Monies subscribed to the Treasurers appointed to receive the same.
Bringing up a Prisoner, &c.
(†) [a] Ordered, That Mr. Middleton, and such other Gentlemen as were assistant unto him, have Thanks returned them, for bringing up Sir Benjamin Ayloffe: And that Mr. Middleton and Sir Richard Everard, Deputy Lieutenants of the County of Essex, do levy so much upon Sir Benjamin Ayloff's Estate, as shall satisfy and bear the Charges of the Troop that attached, seized, and brought up the said Sir Benjamin Ayloff: And likewise that they shall seize his Money, Horse, Plate, and Arms: And that they do take Care, that the Money, Horse, Plate, and Arms, belonging to Sir Benjamin Ayloffe, be seized according to this Order, and preserved for the Use of the Commonwealth; and that the Residue of his Goods be secured, to satisfy his Offience and Delinquency to the Commonwealth.
Middleton, &c. thanked.
Mr. Middleton was called in: And Mr. Speaker, by the Command of the House, in Acknowledgment of This and many other good Services done by him, returned him publick Thanks; and desired him to do the like to the Gentlemen that were assisting unto him.
Ld. General to pursue the War.
Resolved, &c. That my Lord General be desired, that both He and his Officers do take all Advantage of War upon the Enemy, notwithstanding the Propositions.
Ordered, That Captain Harvey do forthwith deliver the Two Horses belonging to Mr. Dudley Palmer, and seized by Mr. Browne, and Mr. Beard, or their Deputies, and delivered by them to the said Captain Harvey: And that the said Captain Harvey be discharged as to these Two Horses, from the Acquittance he delivered for the Receipt of Twenty-five Horses: And that the said Commissaries, Mr. Browne, and Mr. Beard, do give him a Discharge for these Two Horses, notwithstanding the Acquittance he hath delivered, whereby he stands charged with Twenty-five Horses. And the House doth expect a punctual Observance and Performance of this Order from the several and respective Persons whom it doth concern.
Dep. Gov. of Portsmouth.
The House was this Day acquainted with Captain John Lobb, the Person whom Sir Wm. Lewes, Governor of Portsmouth, has nominated as his Deputy; and doth approve there of during the Governor's now Absence.
Lord Cobham's, &c. Attainder.
Ordered, That Sir Wm. Brooke Knight shall have Liberty to see the Indictment, Commission, and Proceedings, upon the Attainder of Henry Lord Cobham, and of George Brooke Esquire, Brother to the said Lord Cobham: And that the Attorney General, the Clerk of the Crown, or any other whom it may concern, either to give Warrant, or to shew the said Proceedings, do, upon the Request of the said Sir Wm. Brook, give him Warrant, and permit him to see and take Copies of the said Proceedings.
Payment of Subscriptions.
Ordered, That the Gentlemen that have subscribed any Monies to be employed for the Defence of Lancashire, be required to bring in their Monies subscribed, to the Treasurer appointed to receive the same.
Ordered, That the Petition of Captain Richard Steele be referred to the Committee for the Adventurers in Ireland.
Proceedings against Ayloffe.
The House being informed, That Mr. Middlcton, One of the Deputy Lieutenants of the County of Essex, had brought up Sir Ben. Ayloffe, lately nominated High Sheriff of the said County;
He was called in; and informed the House, That Sir Ben. Ayloffe had received a new Commission from his Majesty, for being Sheriff; and that he was sworn; and had publickly in Chelmesford published a Proclamation forbidding the Contributing of any Supplies to the Army raised by the Parliament, or the Associating for Defence of the County.
Hereupon Mr. Middleton withdrew: And
Sir Ben. Ayloff was called in: And, being demanded, Whether he had received a new Commission, and whether he was sworn, and had done any thing upon his new Commission, confessed all.
All which was contrary to an Order of the House, and to an express Injunction delivered unto him by Mr. Speaker, when he delivered in his first Commission.
He being withdrawn; the House, after some Debate, Resolved, upon the Question, That Sir Ben. Ayloffe shall be forthwith committed Prisoner to the Tower, there to remain during the Pleasure of the House; for his Contempt and Neglect of the Orders of the House; and for being aiding and assisting to the War raised against the Parliament.
Persons refasing to contribute.
[a] Ordered, That Sir Richard Everard and Timothy Middleton Esquire, and the rest of the Deputy Lieutenants of the County of Essex, or any One of them, that are in the County, shall be required by this House, to seize on the Arms, Ammunition, and serviceable Horses of such Persons in the County of Essex, as have refused to contribute upon the Propositions, to assist the Parliament; or that have refused to associate themselves with the rest of the Gentlemen of that County, that have entered into an Association with Four other Counties.
Ordered, That the like Order be made for the Deputy Lieutenants for Norfolk, Suffolk, and Cambridge.
Prepositions to the King.
Mr. Holles reports, from the Conference, That the Lords do agree to the Preamble of the Propositions; and do adhere to their former Resolution, to leave out the last Clause of the Sixth Proposition, concerning the disenabling the Earl of Bristoll, and the Lord Herbert of Ragland, by Act of Parliament.
And the Question being put, Whether the House would adhere to the Sixth Proposition, as it was sent from hence;
It passed with the Negative.
Resolved, upon the Question, That these Words in the Sixth Proposition, "and be for ever disabled by Act of Parliament," shall be left out; and, instead thereof, these Words inserted, "that they may not bear any Office," &c. Prout in the Article.
As to the Lords Alteration in the Eighth Proposition, concerning Justice Foster to be Lord Chief Baron of the Exchequer, The House doth not agree with the Lords; but doth adhere to their former Proposition.
As to the Lords Alteration in the Twelfth Proposition, The House doth agree with it; viz. That these Words, "the Pope, and his Adherents of the Spanish," be left out; and, instead thereof, these Words inserted, "of the Popish and Jesuitical Faction."
As to the Lords Desire, That, in the Thirteenth Proposition, such Delinquents might be nominated as the House would proceed against, The House doth not assent unto it; but do adhere to their former Proposition.
The House doth agree with the Lords, not to limit a Day, but to desire a speedy and positive Answer: And that a Delay shall be taken as a Denial.
The Lords to be desired, That the Title for the Bill for the utter Abolishing of Bishops, &c. may be inserted; and the Bill to go with the Propositions.
The Conclusion was likewise read: And, with the Addition of these Words; viz: "and really performed" (the which were added, by Vote, upon the Question); the Conclusion was assented unto; and ordered to be sent unto the Lords, with the Propositions. It follows in hæc verba:
"These Things being for the present obtained, and really performed; as it hath always been our hearty Prayer, so shall we be enabled to make it out hopeful Endeavour, that Your Majesty, and Your People, may enjoy the Blessings of Peace, Truth, and Justice; the Royalty and Greatness of Your Throne may be supported by the loyal and bountiful Affections of Your People; their Liberties and Privileges maintained by Your Majesty's Protection and Justice; and the publick Honour and Happiness of Your Majesty, and all Your Dominions, communicated to other Churches and States of Your Alliance; and derived to Your Royal Posterity, and the future Generations in this Kingdom for ever."
Ordered, That Mr. Purpett, who was apprehended in the Company of one Mr. Dormer a Papist, and was committed a Prisoner to the Fleete, by a former Order of this House, be forth with released, and discharged from any farther Imprisonment or Restraint.