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 Lunæ, 27 Februarii, 1642.
Persons sent for.
RESOLVED, &c. That Rich. Smyth of Woodstreet Compter, and Tho. Lee of the Poultry Compter, be forthwith sent for, as Delinquents, for refusing to amend the Returns of divers Prisoners committed by Authority of Parliament, being thereunto required by a Committee.
Resolved, &c. That Sam. Mason, Exuperius Turner, and Charles Brookes, formerly committed by Authority of Parliament, and bailed upon bringing their Habeas Corpus in the King's Bench, do stand committed by this House upon the Causes of their First Commitment; viz. For refusing to list themselves under the Leader appointed by the Militia in London, although they serve not in their own Persons in the Trained Bands; and for Raising of Mutinies in the City, as appears by the Report from the Committee.
The House being informed, That divers Lords, Knights, and Gentlemen, and others, late Inhabitants within the Kingdom of Ireland, were at the Door; who desired to present a Petition to the House;
They were called in; and did present a Petition.
The which was read.
Ordered, That, To-morrow Morning peremptorily, the House be resolved into a Committee, to take into Consideration the whole State of the Affairs of Ireland, upon the Two several Petitions of divers Lords, Knights, and Gentlemen, Inhabitants within the Kingdom of Ireland.
The said Lords, Knights, and Gentlemen, were again called in: And Mr. Speaker, by the Command of this House, acquainted them with the Order of this House, touching their Business.
Sir H. Vane, Sir Wm. Armyn, Mr. Hatcher, Mr. Wastall, * Blakiston, * Millington, * Wray, * Owfield, the several Members of this House of Yorkeshire, Lancashire, Lincolneshire, Nottinghamshire, Leicestershire, Rutlandshire, and Huntingtonshire;
This Committee is appointed to consider of some Way for the constant Pay and Supply of the Northern Army: And are to meet To-morrow, at Two of Clock post meridiem, in the Exchequer Chamber.
Affairs in Devon.
A Letter from Plymouth, of the Twenth-fourth of February, relating the good Success the Parliament Forces in the County of Devon had against Sir Ralph Hopton's Forces at Modbury, &c. was this Day read.
An Ordinance of the Lords and Commons, assembled in Parliament, for the Seizing and Sequestering of the Estates of certain notorious Delinquents, for the Use of the Commonwealth, was this Day read.
Resolved, &c. That all Papists shall be comprehended within this Ordinance.
Resolved, &c. That all such Bishops as have been voted as Delinquents, by both or either Houses of Parliament, or as have voluntarily contributed to the War against the Parliament, shall be comprehended within this Ordinance.
Proceedings concerning Sheriffs.
Whereas there were divers Process sealed in his Majesty's Court of Exchequer, after the End of Michaelmas Term 1642, to be carried to the Sheriffs of the several Counties of this Kingdom; and, by Command of this House, the Messengers of the said Court were restrained from carrying them forth; and that there are now likewise, at the End of this Hilary Term 1642, a great Quantity of the like Process sealed to be carried to the Sheriffs of the several Counties of England and Wales: It is Ordered, That the said Messengers are hereby required, That none of the said Process be carried or sent to any Sheriffs whatsoever, except to the Sheriffs of London and Middlesex: And the said Messengers, for their Obedience hereunto, and unto the said former Command, shall be saved harmless by the Power and Authority of this House.
Treaty with the King.
Message from the Lords, by Serjeant Whitfeild and Serjeant Glanvile;
That, if it may stand with the Conveniency of this House, they desire a present Conference, by a Committee of both Houses, touching the Preamble to the Cessation of Arms, that is to be sent unto his Majesty.
Isle of Wight.
Another Message from the Lords, by Dr. Bennètt and Dr. Ayleffe;
That the Lords have received a Petition from the Inhabitants of the Isle of Weight; which they desire to communicate to this House.
Answer returned by the First Messengers; That this House will give a present Meeting, as is desired.
Mr. Hollis, Mr. Pym, Mr. Marty .., Sir Wm. Armyn, are appointed Reporters of this Conference.
King's Lette to Merchant Adventurers.
Mr. Pym reports from the Committee for the Safety of the Kingdom, that the Merchant Adventurers had been with them; and acquainted that Committee with a Letter they had received from his Majesty, to advance, for his Majesty's Service, Twenty Thousand Pounds: Which Letter was communicated to the Company; who passed a Vote, Not to give any Answer to his Majesty's Letter, until this House was made acquainted therewith.
The House interpose in a Quarrel.
The House, being acquainted that there was a Quarrel between Mr. Bainton, a Member of this House, and Mr. Giles Hungerford, demanded of Mr. Bainton the Occasion of the Quarrel: Who said, That he had received a Note from the said Mr. Hungerford, to give him Satisfaction for Words spoken by him concerning his Brother, both in publick and private: And that, having Discourse this Day concerning the same Business, Mr. Hungerford with his Cane struck him in the Hall.
Mr. Speaker, by the Command of the House, injoined Mr. Bainton not to proceed any farther in this Quarrel upon this Business; and not to send nor receive any Challenge.
Resolved, &c. That Mr. Giles Hungerford shall be forthwith sent for, in safe Custody.
Ordered, That the Examination of this Business be referred to the Committee for Examinations.
Ordered, That, on Saturday next, the House shall take into Consideration the Words spoken by Mr. Bainton, concerning Sir Edw. Hungerford.
Treaty with the King.
Mr. Pym reports the Conference with the Lords:
That they did desire to make some Alteration in the Preamble to the Cessation (the which Preamble was prepared by a Committee of both Houses; and, by the Committee of the Lords, taken into the Lords House; and by the Lords at this Conference, delivered with this Alteration); expressing only, in general, the Answer of both Houses upon the Treaty, and not expressing the particular Limitations and Manner of the Treaty.
The Preamble, both as it was prepared by the Committee of both Houses, and as it was delivered at the Conference, was read: And
It was Resolved, upon the Question, That, in this Answer to his Majesty, concerning the Treaty and Cessation, the Conditions and Manner of the Treaty in particular, as it is agreed on by both Houses, shall be recited and expressed.-
Lords to sit.
A Message from the Lords, by Dr. Bennett and Dr. Heath;
The Lords do intend to sit this Afternoon at Four of Clock.-
Treaty with the King.
Resolved, &c. That the Cessation shall continue from the Time of the Beginning of it, until the 25th of March next.
Resolved, &c. That the Articles of Cessation, and the Preamble unto them, shall be sent unto his Majesty by a Messenger.
The Preamble to the Articles of the Cessation was read; and, by Vote upon the Question, assented unto: And some small Alterations being made in the Articles of the Cessation, they were again read: And
It is Resolved, &c. That this Clause in the Fourth Article, viz. "And that the Parliament Forces that are in Wilteshire shall continue such Quarters as are or shall be in their Possession at the Time of this Publishing of the Cessation;"...
It was afterwards Resolved, &c. That the Fifth Article, viz. "That the Siege be removed from before Plymouth; or else that the Forces in the Counties of Devon and Exeter may have Liberty to raise it, if they can;" shall be left out.
The Articles were then put to the Question; and, by Vote upon the Question, assented unto; and ordered to be sent unto his Majesty by a Messenger.
Sir Tho. Barrington is appointed to go to the Lords, to desire a Conference concerning the Matter of the last Conference.
Ordered, That this Preamble, and these Votes, concerning the Cessation, shall be delivered at this Conference.
Ordered, That, at this Conference, the Lords be desired to agree upon Committees, that this House might do the like; and that the Messenger might carry the Names of these Committees, to the end that a Safe Conduct might be granted unto them.
Mr. Holles, Mr. Pym, are appointed to manage this Conference.
King's Letter to Merchant Adventurers.
A Letter was read, from his Majesty to the Governor and Company of Merchant Adventurers, dated 14° Februarii Instant; and another, of the same Date, to Sir Henry Roe Knight, Governor of the said Company, was likewise read; desiring that Company to lend his Majesty Twenty thousand Pounds.
Resolved, upon the Question, That the Merchant Adventurers shall be injoined and required by this House, not to lend his Majesty, or any otherways advance, the said Sum of Twenty thousand Pounds for his Majesty's Service.
Resolved, &c. That Thanks shall be returned unto the Merchant Adventurers, for acquainting this House with this Letter of his Majesty's, before such Time as they took any Resolution upon it in Answer thereof.
Ordered, That the Committee for the Navy do take into their Consideration, the Sending of a Convoy with the Ships of the Merchant Adventurers that are going to the Maize and the Elbes; and to consider, if there be Occasion, how to secure their Estates in Holland.
Resolved, &c. That the Merchant Adventurers shall proceed according to their former Order, dated the * * to receive the Residue of the Forty thousand Pounds, notwithstanding any Order since to the contrary.
Ordered, That the Propositions of the City be taken into Consideration next after the Irish Business.
The Merchant Adventurers were called in: And Mr. Speaker told them, in the Name of the House, the Substance of the Votes and Orders aforesaid.
Whereupon they withdrew.
Ordered, That the Lords be moved to join with this House in the Votes concerning the Merchant Adventurers.
Person to Attend.
Ordered, That Mr. Price, late Sheriff of Surrey, shall be summoned forthwith to attend this House.
Lyn Ships, &c.
Ordered, That the Two Barques belonging to the Town of Lyn, whereof Mr. Fuller and Mr. Greene are Masters shall be permitted to pass from Port to Port (except to Newcastle) without Interruption; provided they carry not above One Man and Two Boys in each Ship; and that it be not above the Burthen of Twenty Tons.
Ordered, That it be referred to the Committee for the Navy, to consider of some Way for the Permitting of Berques of small Burthen to pass from Port to Port, without coming continually for Passes.
Member disabled to sit.
Resolved, &c. That Mr. King shall be disabled for continuing any longer a Member of this House during this Parliament.
Committee for Assessment.
Resolved, &c. That the Aldermens Deputies of every Ward, and the Common Council of each respective Ward, shall be added to the Committee nominated for the Weekly Assessment in the City.
Ordered, That the Lords be moved to join herein: And to be desired to rate themselves.
Ordered, That Sir Charles Barkly do write his Letter to his Tenants in Somersetshire, not to bear Arms against any Forces raised against the Parliament.
Dep. Lieut. of Lancaster.
Resolved, &c. That this House doth approve of Mr. Peter Stanley for a Deputy Lieutenant for the County of Lancaster.
Keeper of the Clinke.
Resolved, &c. That Mr. Davys, now Keeper of the Prison of the Clinke, shall be forthwith removed from that Charge: And that it be referred to the Committee for Prisons, to appoint some careful Man to take Charge of that Prison.
Ordered, That Mr. Mason, Mr. Brookes, and Mr. Turner, ordered by a former Order of this Day to stand committed, be apprehended by the Serjeant: And Mr. Mason and Mr. Brookes forthwith committed to the Compter in Southwarke, and Mr. Turner, to my Lord Peter's House.
Payment to Pickering.
Ordered, That the Hundred Pounds, already ordered to Mr. John Pickering, employed by both Houses into Scotland, by the Committee for the Safety of the Kingdom, be forthwith paid by the Treasurers upon the Subscriptions unto the Treasurer at Wars; and One hundred and Fourscore Pounds more to be by him paid unto the said Mr. John Pickering, for so much expended by him in the Service of the Parliament.
Ordinance of Assessment.
Mr. Long is appointed to go.. the Lords To-morrow, to desire them to pass the Ordinance, for assessing such as have not contributed, or not contributed in proportion to their Estates.
Warrant to Cowper.
Resolved, That Mrs. Cowper's Agent shall have Mr. Speaker's Warrant to go to Oxen, to solicit the Delivery of her Husband, in such Manner as by my Lord General is directed.
A Message from the Lords, by Serjeant Whitfeild and Serjeant Glanvile;
The Lords desire a Conference, by Committees of both Houses, To-morrow at Ten of Clock, in regard it is now late, concerning the Matter of the last Conference.
Answer returned by the same Messengers; That this House has considered their Lordships Message; and will give a Meeting To-morrow at Ten of Clock, as is desired.
Message to Ld. General.
Ordered, That a Message be sent to my Lord General, to desire his Excellency not to omit any Advantage of War, until the Cessation and Treaty be concluded on; in respect this House doth not find so quick and speedy a Dispatch of the Treaty and Cessation as they expected and desired.
Ordered, That Dr. Eden shall receive the Contribution Money for Ireland in Cambridgeshire and the Isle of Eley, according to a former Order of this House of the Twelfth of January, notwithstanding a later Order of the Eighteenth of the same Month.
According to a former Order of Saturday last, Sir Gilbert Gerard, Treasurer at Wars, presented a Note of the most necessary and pressing Debts: And it was Ordered, That he should again present it To-morrow; and that then the House would take it into Consideration, to give Order for the Satisfying of them.
Ceely's Indemnity, &c.
Whereas Thomas Ceely, Captain of a Trained Band, and other Volunteers within the Town of Lime Regis in the County of Dorsett, hath, out of his Affection to the Service of the King and Parliament, to his great Expence, been active in the Apprehending of such Malignants as have opposed the Proceedings thereof; as namely, the Earl of Marlebrough, Charles Lawrence, and Andrew Richards, now Prisoners to the Parliament; and other good Services by him performed, for the Defence of the said Town: And whereas, in taking the aforesaid Persons, he seized on Three Horses, with such Arms, Weapons, and Furniture, as they had, to the Use of the Commonwealth: It is this Day Ordered, by the Commons, in this present Parliament assembled, That, for the better Encouragement of him the said Captain Ceeley, he keep and detain these Horses, Weapons, and Furniture, unto his own Use: And that for his so doing, as also for other his aforesaid Services, he shall be protected by this House from all Damages that may come to him thereby: And they farther will and require, That all such Soldiers as are now listed under him, be obedient unto his Commands, from time to time, as he shall require them, for the Defence of the said Town, or in other Services wherein he shall be employed.