House of Commons Journal Volume 4: 10 April 1646

Pages 504-505

Journal of the House of Commons: Volume 4, 1644-1646. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 504
Page 505

Die Veneris, 10 Aprilis, 1646.


AN Information of divers Murders, Maims, and other violent Outrages, committed by divers Soldiers of Major Babington's Troop, upon the Minister, and other honest Men, of Midburne in Leicestershire, and other Places thereabouts, was this Day read.

FOrasmuch as the Lords and Commons, in Parliament assembled, are informed of horrible Murders and Outrages committed by sundry disorderly Troopers, under the Command of Major Babington, at or near Medburne in the County of Leicester, upon the Inhabitants of the said Town; the which Offenders are not yet discovered: It is Ordained, by the Lords and Commons aforesaid, for the better Discovery of the said Offenders, and bringing them to Punishment, That the respective Sheriffs, Mayors, Constables, and other Officers whatsoever, and all Colonels, Captains, and other Officers whatsoever, within the respective Counties of Leicester, Rutland, Lincolne, and Northampton, and elsewhere, do seize on, and apprehend, and cause to be apprehended, all Troopers whatsoever, under the Command of the said Major Babington, and them cause to be imprisoned, and put in safe Custody; and, with all Speed, to give notice, to one or both Houses, of whom they shall so apprehend, or cause to be apprehended; the Lords and Commons declaring, That, if any Officer whatsoever, Civil or Military, shall not do their utmost Endeavour herein, they shall be severely punished for their Contempt, and a strict Account had of their Neglect in this Behalf. And it is further Ordered, That Major Babington do his utmost Endeavour for the Bringing of his Troop together, and for the Discovery of the said Offenders: And that he do forthwith give in a List of the Names of his Troopers to the Committee of Examinations: And, if any Person shall do any Act wilfully to prevent the Execution of this Ordinance, he shall be proceeded against, as guilty of an Endeavour to conceal such high Offenders.

Ordered, upon the Question, That the Order to the Committee of Salop, of the Fourth of this instant April, giving them Power to treat and compound with Sir Robert Howard, Governor of the Castle of Bridgenorth, for the Surrender thereof, be, and is hereby, revoked.

A Message from the Lords, by Sir Edward Leech and Mr. Page;

The Lords have commanded us to return you this Ordinance: It is for the Tryal of Mr. Murray, by Martial Law: It moved first from this House: And the Lords do agree to it, with these Additions and Amendments; to which they desire your Concurrence:-To bring you this Order, for transporting the Brass Statua at Windsor-Castle beyond the Seas:-To put you in mind of the Earl of Stanford's Petition: It hath long depended before you: It came from the Lords; and they have oftentimes recommended it unto you: It concerneth his Subsistence; and therefore they earnestly desire you to take it into speedy Consideration: And of the Petition of the poor SingingMen of Chichester.

The Additions and Amendments to the Ordinance for Tryal of Mr. Murray, by Martial Law, were read; and, upon the Question; assented unto.

The Order for giving Liberty to transport the Brass Statua at Windsor-Castle was read; and was in hæc verba; viz. "Ordered, by the Lords and Commons, assem bled in Parliament, That such Person or Persons, as shall buy the Brass Statua at Windsor-Castle, and the Images there defaced, and the other broken Pieces of Brass, shall have Liberty to transport them beyond the Seas, for makeing their best Advantage of them;" and was, upon the Question, assented unto.

Ordered, That the Committee, appointed to sell the Brass Statua and Images at Windsore-Castle, shall take care, that such Images, as may be used in any superstitious Manner, be defaced: And that none be transported, that may be superstitiously used beyond the Seas.

Sir Robert Pye carried to the Lords, for their Concurrence, the Order concerning the Apprehending of the Troopers under the Command of Major Babington.

He likewise carried the Information of the Murders and Insolencies committed by those Troopers, read in this House, to the Lords, to be communicated unto them.

Mr. Prideaux, Mr. Maynard, Mr. Martyn, Sir Arthur Hesterige, Mr. Whitelock, Sir Thomas Middleton, Mr. Scott, Mr. Nathanael Bacon, Sir William Waller, Mr. Nathanael Fiennes, Mr. Lisle, Mr. Winwood, Sir Peter Wentworth, Colonel Moore, Mr. Cornelius Holland, Sir Philip Stapleton;

This Committee, or any Three of them, are to bring in an Ordinance, concerning summoning the Garisons that hold out, and for punishing such as shall obstinately hold them out, and shall burn any Towns or Houses, or commit any Murders, or other Outrages; and what Conditions shall be given to those Garisons; and what shall be done to those that refuse those Conditions: And are to meet, at Two of the Clock, this Afternoon, in the Queen's Court: And the Care hereof is more particularly referred to Mr. Martyn and Mr. Whitelock.

Ordered, That the Report, upon the Earl of Stanford's Petition, be made To-morrow Morning, the first Business: And that Mr. Speaker do put the House in mind hereof.

Answer returned by the same Messengers;

The House hath considered your Message: And, as to the Amendments and Additions to the Ordinance for the Tryal of Mr. Murray; and the Order, giving Power to transport the Brass Statua at Windsor; they do agree: And, as to the Two Petitions, they will send Answer by Messengers of their own.

Ordered, &c. That it be referred to the Committee of both Kingdoms, to take some Course for the stricter Blocking up of Oxon; and guarding the Passes between Oxon and the Cities of London and Westminster; and for preserving the Counties near Oxon from the Violence and Incursions of the Enemy: And that they do dispose of the Forces lately before Dennington, or any other Forces that they shall think sit, for this Service: And an Account of the Proceedings of the Committee, in this Business, is to be given by the Members of this House that are of that Committee, To-morrow Morning.

The House was informed of a printed Pamphlet, intituled, "Justiciarius justificatus," subscribed, "George Wyther:" In which were many Passages, that reflected upon Sir Richard Onslowe, a Member of this House: Some of which were read.

And the House being informed, That Mr. George Wyther, supposed to write it, was at the Door;

He was called in: And, being demanded at the Bar, Whether he did avow himself to be the Author of that Book; he did avow it.

Resolved, &c. That Mr. George Wyther be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House.

Ordered, upon the Question, That the Examination and Consideration of the Pamphlet, intituled, "Justiciarius justificatus," be referred to the Committee of Examinations: Who are to consider of it; and to report their Opinions, upon the whole Matter, to the House.

Mr. Wyther was accordingly brought in to the Bar, as a Delinquent: And, after he had kneeled awhile, Mr. Speaker informed him of the Reasons that he was sent for, as a Delinquent; and that the Book was referred to the Consideration of the Committee of Examinations.

Ordered, &c. That the Report concerning a Book, intituled, "Truth's Manifest," be made on Monday Morning, the next Business after the Northern and Western Business: That, after the Report concerning "Truth's Manisest," the Report be likewise made concerning the Pamphlet, intituled, "The City's last Warning piece."

Ordered, &c. That, on Thursday Morning next, between the Hours of Ten and Twelve, the Ordinance concerning the Arrears of the Court of Wards be taken into Consideration; and read the Second time.

Resolved, &c. That the last Petition from the Assembly of Divines be taken into Consideration To-morrow Morning, the first Business after that Mr. Speaker comes to the Chair, in the like manner as it was formerly ordered: And that Mr. Speaker put the House in mind hereof: And that no other Business whatsoever do intervene.