House of Commons Journal Volume 2: 09 February 1643

Pages 959-960

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, 9 Februarii, 1642.


Bailing a Prisoner.

THE humble Petition of Lewes Hughes, Rector of Shepperton in the County of Middlesex, now a Prisoner in the New Prison, for rash Words spoken by him in Derogation to the Honour of Parliament, was this Day read; expressing his Sorrow for his Offence: And

It is thereupon Ordered, That he be forthwith bailed.


Mr. Selden, Mr. Hill, Mr. Prideaux, Mr. Whittlock, are presently to withdraw, to prepare a Declaration.....

Prisoner discharged.

Ordered, That Jo. Wyntour, a Prisoner, for abusing Colonel Goodwin, a Member of this House, in Words, be forthwith discharged from any farther Imprisonment or Restraint; first taking the Protestation, which was this Day presented to the House, and approved of, and followeth in hæc verba; viz.


I A. B. do, in the Presence of Almighty, God, solemnly promise, vow, and protest, That I will never hereafter, upon any Command, Power, or Pretence of Authority whatsoever, take up or bear Arms against the Parliament.

Ordered, That no Prisoner, committed for actual levying War against the Parliament, be discharged, before he take this Protestation.

Seizing a Ship.

Ordered, That the Marshal of the Admiralty do forthwith seize and stay the Ships from Newcastle, laden with Coals, whereof Mr.Gray is Master; both the Master, the Ship, the Coals, and the Shipmen, till the House take farther Order.

Sir T. Bendish, &c.

Ordered, That the Matters informed, concerning Sir Tho. Bendish and Sir Ro. Coke, be referred to the Committee for Examinations.

Ships discharged.

Ordered, That the East India Ships, stayed by Order of this House, be forthwith discharged from any farther Stay: And that the said East India Trade be not interrupted by any farther Stay of the said Ships.

Escape of Skipwith, &c.

Ordered, That it be referred to the Committee for Prisons, to examine the Escape of Captain Skipwith and Cornet Blake, informed to be escaped out of London House; and to report it to the House with all Expedition.

King's Warrant to Gunners, to attend him.

A Warrant under his Majesty's Hand, and his Sign Manual, directed to William Ayloff, Gunner of One of his Majesty's Ships: requiring him, and all the rest of the Gunners, to attend his Majesty at Court, upon Penalty of losing their Places.

Injoined to stay.

Ordered, That the several Gunners of his Majesty's several Ships be injoined, not to depart the Service of the Ships, and to stay and perform their Duties there: And that they shall be indemnified by Authority of Parliament, if they shall stay: If they shall depart the Service, they shall be turned out of their Places by the same Authority. And it is farther recommended to the Earl of Warwick, to take a speedy Course herein.

Beresford's Powder.

The humble Petition of John Beresford, Citizen and Grocer of London, was this Day read.

Ordered, That the said John Beresford shall have the Possession of the Powder which he brought into the common Warehouse at Leadenhall, London; and shall have Licence to sell the said Powder to such Person and Persons as the Committee for the Militia in London, or any Four of them, shall appoint and approve of.

Courts have no Jurisdiction over Persons committed by Parliament.

Whereas divers Persons have been committed to several Prisons, by Order of both or either of the Houses of Parliament, who have procured several Habeas Corpora, returnable into the King's Bench: The and Commons do Declare, That neither the Court of King's Bench, nor any other Court, hath any Cognizance or Jurisdiction, touching the Commitment of any Person who stands committed by Order of both or either of the said Houses of Parliament, or by Authority derived from both or either of the said Houses: But that it appearing, upon the Return of any such Writ, that any Person was so committed, the Court, from which any such Writ issued, ought to surcease any farther Proceeding thereupon, and to leave the Cause to both or either of the said Houses, by whom or by whose Authority such Person was so committed.

Mr. Serjeant Wilde is appointed to carry up this Declaration to the Lords, for their Concurrence.

Stay of Suit against Legard.

Whereas Captain John Legard is employed in the Service of the King and Parliament, and is intrusted with the Command of the Fort at Scarbrough in the County of Yorke, where he is in Person to defend the same: And whereas there is an Action against him in the Court of Common Pleas, at the Suit of one Francis Gerrard an Attorney at Law; which the said Captain John Legard cannot (in regard of his said Trust and Employment) attend the Defence of the said Suit: It is therefore this Day Ordered, That the Proceedings in the said Suit be stayed, until this House take further Order therein.

Reparation to Wither.

Whereas Mr. Denham, High Sheriff of the County of Surrey, Captain Hudson, Captain Brednoxe, Mr. Jo. Ticheborne, and others, did, in a hostile Manner, enter into the House and Grounds of Captain George Wither, in the County of Surrey; and did from thence carry and take away all his Books and Writings, with his Goods, Household-stuff, Cattle, Sheep, Corn and Hay, and his Teams, to the Value of at least Two thousand Pounds; as appeareth by an Inventory of the Particulars taken and estimated by his Neighbours, and others: It is therefore this Day Ordered, by the Commons House of Parliament, That the said Captain Geo. Wither be authorized by this House to repair himself for his said Losses out of the Estates of the said Sheriff and Captains, and such other Persons who were accessary unto, or actually Spoilers and Plunderers of the Estate of the said Captain Wither; or out of the Goods and Estates of such Persons that are actually in Arms against the Parliament: And that wheresoever the said Captain Wyther doth find any of the Goods or Estate belonging to any of the said Persons aforesaid, that he do seize the same, and take it into his Custody, for his Relief, as aforesaid: And all Persons are required to be aiding and assisting to the said Captain Withers herein.

King's Answer to Propositions.

The House, according to the Order of Yesterday, resumed the Debate of his Majesty's Answer to the Propositions of both Houses.

And the First of the Votes Yesterday delivered, at a Conference with the Lords, was read: And

It is Resolved, upon the Question, that this House doth concur with the Lords in this Vote; viz. That there shall be a speedy Disbanding of both Armies.

Resolved, upon the Question, That there shall be a fixed Time appointed for Disbanding of both Armies.

Resolved, upon the Question, That the Armies of both Sides, in the Northern and Western Parts, shall be first disbanded.

Resolved, upon the Question, That the Day for the Disbanding of the Armies in the Northern and Western Parts shall be the First of March.

Resolved, &c. That the Day for the Disbanding of all the other Armies shall be the Tenth of March.

Resolved, &c. That a Message shall be sent unto his Majesty, to desire his Consent to the Disbanding of the Armies, according to the Times in these Votes of the House.

This Question was propounded, Whether Persons shall be appointed to treat with his Majesty concerning the Manner of Disbanding:

And then the Question was put, Whether this Question should be put.

And there upon the House was divided: And
The Noes went forth.
Mr. Strode, Tellers for the Noe: 83
Mr. Purefroy, With the Noe,
Mr. Hollis, Tellers for the Yea: 114.
Sir Jo. Evelyn, With the Yea,
So that the Question passed with the Affirmative.

And then the Question formerly propounded was put: And

It was thereupon Resolved, &c. That Persons shall be appointed to treat with his Majesty concerning the Manner of Disbanding.

Commitments by House not to be bailed by Judges.

Serjeant Wilde is appointed so attend the Judges of the King's Bench, to desire them to put off the Bailing of such Prisoners as are committed by the Parliament, who have brought their Habeas Corpora into that Court, for Two or Three Days.


The Question was put, Whether the Houses should now rise: And

The House was divided.
The Yeas went forth.
Mr. Holles, Tellers for the Yea: 82
Mr. Glyn, With the Yea,
Sir Philip Stapilton, Tellers for the Noe: 72
Mr.Hampden, With the Noe,
So that the Question passed with the Affirmative.