Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, videlicet, 4 die Julii.
Examinations about Muschamp's Threats against the Earl of Northumberland.
"That Muschamp did confess on Saturday, that he asked the Party who he would have had to be his Servant, whether (fn. 1) he were a good Marksman; and being asked why he asked that Question, he said, Because he was a Soldier."
Hereupon this House Ordered, That the said Edmond Muschamp shall be committed to the Prison of The Gatehouse, there to remain until the Pleasure of this House be further known, and the Business further examined; and the Lord Chief Justice is to examine what Credit the said Muscamp hath where he lives.
Message from the H. C. about the Alterations desired in the Scots Treaty.
1. Whereas their Lordships sent down a Paper on Saturday last, being an Alteration in the Twelfth Article of the Treaty with the Scotts, the House of Commons thinks it fit to insist upon the Article as it was, without the Alteration.
Carrickfergus and Coleraine.
["It is Agreed, That the Towns of Carrickfergus and Colerayne shall, by the Kingdom of England, be, with all Expedition, provided with Victuals necessary for Soldiers, either in Garrisons or Expeditions, according to a List to be agreed on; and that the same shall be sold to them, and taken off by them, at the several Prices contained in the aforesaid List"].
Portuguese Ambassador desires a Ship to carry him Home.
The Earl of Northumberl. acquainted this House, "That the Portugall Ambassador desired his Lordship to acquaint this House with a Desire of his, that he might have a Ship appointed, to carry him Home into Portugall."
Message from the H. C. for a Conference about the Fleet;
for a Ship to carry Home the Portuguese Ambassador;
with an Ordinance for Men and Horse for Ireland;
and for the Letters from Holland to be returned to them.
Ordinance for raising Men and Horse for Ireland.
The Ordinance of Parliament for raising Five Thousand Men and Five Hundred Horse was read; and these Captains were excepted against; and the Lord Wharton was appointed to speak to the Committee from this House, for the leaving out their Names: videlicet,
Answer to the H. C.
That this House agrees with the House of Commons in the Order, concerning the Ship to transport the Portugall Ambassador; and that the Two Letters shall be sent them; and that this House will give them a Conference presently, in the Painted Chamber.
Message to the H. C. with the Instructions for Rutlandshire, and the Instructions for raising Horse.
Words against the Parliament by Elliot.
Ordered, To be communicated (fn. 2) to the House of Commons.
Message to the H. C. for a Conference about them.
Escott, for Words against the Parliament.
John Escott, of Lanceston, in the County of Cornwall, being sent for as a Delinquent by this House, was brought to the Bar, and the Affidavit of Henry Wills was read before him; and, after it was read, John Escott denied he spake any such Words; whereupon he was commanded to withdraw.
To remain in Custody.
Answer from the H. C.
Thanks to the Petitioners.
Ordered, That the Lord Willoughby shall give Notice to them, that they shall receive Thanks from this House, by a Letter from the Speaker; and that a Letter of Thanks be sent them, in the Name of this House, by the Speaker.
Letter from the Earl of Exeter.
A Letter from the Earl of Exeter was read, directed to the (fn. 3) Speaker of this House. (Here enter it.)
To be communicated to the H. C.
"These are to certify your Lordship, that it hath pleased God to afflict me with many Infirmities, that I am not able for the present to appear in Person, to execute the Militia. And all my Deputy Lieutenants, being no Members of the House, have, as they conceive, no Authority, by the Instructions, to tender the Propositions for raising of Plate, Money, and Horse, to the other Deputy Lieutenants. And for the Militia, they are fearful it may not succeed according to your Desires, for Want of Assistance from Members of the House. And therefore I desire your Lordship that some Course may be taken, for the further settling thereof; and that some Members of the House of Commons may be sent down, to assist them in the Service (as all other Countries hereabouts have had); for I conceive the Business is better to be left undone than not done effectually; but do submit the same to the Consideration of the House, and rest,
Ward and Watkins:
The Lord Chief Justice reported, "That Ward and Watkins attended him on Saturday last; and, instead of hearing of the Cause according to the Reference, they both desired his Lordship to present an humble Petition in their Behalf to this House, that their Lordships would give them a speedy Hearing at this Bar, upon the Merits of the Cause."
Herbert and Saul examined, about proclaiming the Commission of Array.
Perry Herbert was called in, and asked "by what Command (fn. 4) he proclaimed a Proclamation concerning the Commission of Array."
And he answered, "That on Thursday Night last, at Nine of the Clock at Night, the Lord Mayor sent for him; and when he came, he found Sheriff Clarke with the Lord Mayor; and then the Lord Mayor told him, he had received a Proclamation from the King (which he read); and then the Lord Mayor and the Sheriff commanded him to proclaim it the next Morning; which he accordingly did."
To remain in Custody.
Attorney General to be brought before the House.
Message to the H. C. to fit a while.
Conference about the Fleet reported.
Committee to consider of an Indemnity to the Earl of Warwick, for seizing on some of the King's Ships.
Whereas the King, in His Letter to the Earl of Warwicke, says, "That it is notoriously known to be "Treason to seize upon any of the King's Ships;" the House thought it fit to consider of some Declaration to be made, for the Indemnity of the Earl of Warwicke; and these Lords following were appointed Committees, to take the same into Consideration:
Clause for the Earl of Warwick in the Declaration.
Declaration and Amendments approved of.
Sent to the H. C.
Sir Jo. Mennes and others, Captains in the Fleet, sent for as Delinquents.
E. of Warwick to put Persons of Trust in their Commands.
"That, if these Persons refuse to come, that the Earl of Warwicke be desired to give his Assistance, for the apprehending of the said Persons; and that his Lordship place Persons of Trust in their Places."
Declaration of Thanks to him, and the Officers and Seamen under him.
Message from the H. C. to appoint a Committee to preserve the Peace, and consider of the Safety of the Kingdom.
1. To desire that a Committee of both Houses may be appointed, to take into their Consideration whatsoever may concern the Safety of the Kingdom, the Defence of the Parliament, and the Preservation of the Peace of the Kingdom, and opposing any Force that may be raised against the Parliament; and to meet as often as they please.
and with Names of Deputy Lieutenants.
Sir Wm. Brereton.
Tho. Standish, of Teuxbury.
Ralph Ashton, of Downham.
Robt. Hide, Esquire.
Tho. Birche, Esquire.
Sir Tho. Barton, Knight.
Jo. Atherton, Esquire.
The King's Letter to the Earl of Warwick, revoking his Commission of Admiral.
"Right Trusty and Right Well-beloved Cousin and Counsellor, We greet you well. We have herewith sent you, under Our Great Seal, a Duplicate of Our Revocation of the Grant of the Office of the Lord High Admiral of England, heretofore passed by Us to Our Right Trusty and Right Well-beloved Cousin and Counsellor the Earl of Nothumberland, to hold during Our Pleasure, whereby you may perceive that, he being thus legally discharged of the said Office, all the Commissions, Powers, and Instructions, formerly given by him, are void; wherefore We do, by these Our Letters, expressly charge and command you, upon your Allegiance, and as you tender the Peace of Our Kingdom, forthwith to give over and relinquish the Command you have, or pretend to have, in any of Our Ships of Our Fleet, and forthwith to leave Our Ship The James, and Our said Fleet, to be commanded by such Person as We have or shall appoint to take Charge thereof; and in regard it is notoriously known, that, by the Laws of the Land, it is no less than High Treason for any Person whatsoever to detain any of Our Ships contrary to Our express Commands, We doubt not your ready Obedience herein; for which this shall be your sufficient Warrant and Discharge.
Resolution of several Commanders, at a Council of War, to act under the Earl of Warwick's Command.
"At a Council of War held aboard The James, the Second July, 1642, it was unanimously consented, by us whose Names are underwritten, that, according to an Ordinance from both Houses of Parliament, we do all promise to obey such Commands as we shall, from Time to Time, receive from the Right Honourable Robert Earl of Warwick, for the Service of the King and Parliament, which we promise punctually to obey:
Sir John Mennes's Letter to the Earl of Warwick, that he is commanded by the King to put himself and Squadron under the Command of Sir John Pennington.
"I have this Day received a Warrant from His Majesty, signed with His own Hand, which not only commands me to take Notice that His Majesty hath revoked His Grant of the Office of Lord High Admiral of England, formerly given to the Earl of Northumberland, which ipso facto makes void all Commissions and Instructions given to your Lordship, and all other Commanders and Captains in His Majesty's Fleet now at Sea; but I have likewise received an absolute Command not to obey your Lordship, but to follow such Instructions as I shall henceforth receive from Sir John Pennington, Knight, who is appointed Admiral for this Service by His Majesty; and him I am commanded by His Majesty to assist, in taking Possession of His Majesty's Ship The James, and likewise the Command of Admiral of the whole Fleet; and I am appointed by His Majesty to continue here Admiral of His Majesty's Fleet, now under Sir John Pennington, as formerly under your Lordship.
"Since His Majesty's Command, I have received a Warrant from your Lordship, to communicate your Lordships Commands to the Captains of my Squadron. How I dare to perform this, I leave to your Lordship's farther Consideration, when His Majesty expressly commands me, upon my Allegiance, not to obey your Commands, as I tender the Peace and Safety of the Kingdom, and will answer the contrary at my Peril.
"How destructive this may prove to me, I leave the World to judge; and how obedient I have been to your Lordship when I might legally do it, I appeal to your Lordship, under whom I should still desire to be commanded, if it were His Majesty's Pleasure; and am still,
July 2, 1642.
Capt. Slingsby's Letter.
"I have seen several Warrants to several Captains of this Fleet, under His Majesty's Hand, declaring the Revocation of my Lord the Earl of Northumberland's Commission as Admiral, and thereby all other Commissions, as well your Lordship's as all Captains under you, and our Obedience to your Lordship as our Admiral to cease; and, though I have not yet received any the like Warrant directed to me, yet, having seen His Majesty's Hand declaring the same, I cannot but take Notice thereof, and acquaint your Lordship therewith. Conceiving that my Commission is now void, I desire to know to whom I may legally deliver up this Ship under my Charge; which so soon as I shall have sufficient Warrant for, I shall with all Readiness perform. In the mean Time, I shall keep it for the Service of His Majesty and this State, and shall be still,
From aboard His Majesty's Ship The Garland, in The Downes, July, 1642.
Capt. Burley's Letter.
"The Copy of a Warrant which I have received from His Majesty, I have herein sent to your Lordship; and shall be glad to receive such Advice from your Lordship, that may still shew my Affections to your Lordship, and yet not swerve from my Allegiance to my Sovereign, which I am resolved not to do: But, though I cannot from henceforth own your Lordship as my Admiral, I shall be
From aboard The Anthelopp, in The Downes, this 2d of July, 1642.
Secretary Nicholas's Letter, for the Ship to carry Home the Portuguese Ambassador.
"I am commanded by His Majesty to signify His Pleasure to your Lordship, That you give Warrant to some of His Majesty's Ships now at Sea, to take on board and transport Don Antonio Dalmada, Ambassador of the King of Portugall, together with his Train and Followers, at Lisbonne, in Portugal; and that the same Ship do afterwards, in the same Port, receive on board, and bring for England, the Wife of Antonio de Sousa, who is left to be Resident here in England from the said King of Portugal, together with her Followers and Servants. This being by His Majesty's Command, I shall crave Leave only to add thereunto the Tender of the humble Service of
Yorke, 23 May, 1642.
Capt. Fogg's Letter to the Earl of Warwick.
"Before I received your Lordship's Command, there was delivered unto me a Warrant from His Majesty, the Copy whereof I have here inclosed. I beseech your Lordship to consider how difficult it is to serve Two Masters; whether I can obey your Lordship's Order without Breach of Allegiance to His Majesty, which I hope your Lordship will not urge me to, having ever been so respectful and obedient to your Lordship's Commands, and being driven to such a Straight as I know not by this Way how to discharge my Duty, and tender my Obedience, so strictly required from him that is
Downes, on board His Majesty's Ship The Constant Reformation, 2 July, 1642.
Capt. Wake's Letter to the Earl of Warwick.
"I have received Advertisement from Sir Henry Palmer, and divers others (who have shewed me His Majesty's Hand-writing confirming the same), of the Revocation of the Office of Lord High Admiral from the Earl of Northumberland, and thereby all Warrants from him to cease, and hereafter to obey [ (fn. 5) the Orders of] Sir John Pennington (whom His Majesty hath appointed Admiral of this Fleet). This I could not but take Notice of, and desire your Lordship's Pardon, if hereafter (fn. 6) I obey not such Commands as I shall receive, till I see by what Authority I may lawfully do the same; humbly resting,
Expedition, 2 July, 1642.
Sir John Mennes's Second Letter to the Earl of Warwick.
"I am heartily sorry my Letter gives your Honour no better Satisfaction, but that your Lordship puts me to so great a Straight, in urging the Ordinance of Parliament, to make (fn. 5) me absolutely break the King's Command. I beseech your Lordship to believe I dare not harbour so impious a Thought as to neglect any Means for the Preservation of His Majesty, the Privileges of Parliament, and the Quiet of this Kingdom; but, knowing no Means to avoid the Anger of my King, but in Obedience to what His Majesty directs for the Peace and Safety of all, and commands me upon my Allegiance to observe, I humbly beg your Lordship will not take my Absence as obstinate, or plotted to do any Thing which shall not become
July 2, 1642.
Order for the Captain of The Garland to carry Home the Portuguese Ambassador.
Ordered, That the Earl of Warwick be desired to appoint the Captain of The Garland, formerly nominated by His Majesty for the Transport of the Portugall Ambassador, to take into the said Ship the said Portugall Ambassador, with his Retinue and Goods, and transport him accordingly; and that likewise he bring over the Lady of the Resident for Portugall, and her Retinue and Goods, if she shall be ready at Lisbone when he arrives there, staying not above Ten Days for her.
A Declaration to the Earl of Warwick, wherein he is required to send up Five Commanders, viz. Sir John Mennes, &c.
"The Lords and Commons in Parliament, having received Notice of the Readiness of the Earl of Warwick to obey the Ordinance of both Houses, concerning his Lordship's commanding the Fleet appointed for the Guard of the Coast of England and Ireland, and that all the Captains of the Ships, except Five, have likewise submitted to his Lordship's Command, according to the Authority derived to him by the same Ordinance, do hereby declare their Approbation and good Acceptance of his Lordship's Obedience therein, and of the Importment of the Captains, Masters, and Mariners, of the Ships; desiring his Lordship to signify unto them the Thanks of both Houses, and to assure them that this their Forwardness to the Service of the Commonwealth shall be remembered by them with such Respect as is due to Persons that have done a Service much conducing to the Safety and Peace of the Kingdom. And as for Five Captains, which have refused to obey his Lordship's Command, videlicet, Sir John Mennes, Captain Richard Fogg, Captain John Burley, Captain Robt. Slingsby, and Captain Baldwin Wake; they do declare them unworthy to continue any longer their Command in this Fleet; requiring the Earl of Warwick to discharge them from their Places, and to consider of some Persons of Trust, as shall be thought fit to take Charge of those Ships for the Performance of the Service in Hand, and to commend them to the Approbation of both Houses; and that he apprehend the Persons of Sir John Mennes, Captain Richard Fogg, Captain John Burley, Robt. Slingsby, and Baldwin Wake, aforementioned, and send them up as Delinquents, to answer this their Contempt in Parliament; requiring all Masters, and other Officers and Mariners of the Fleet, to be assistant and obedient to his Lordship, in the Execution of this Order; and for his Lordship's and their so doing, this shall be a sufficient Warrant, in the Execution whereof they shall be defended and protected by the Power and Authority of both Houses of Parliament, notwithstanding the King's declaring it to be Treason, by His Letter to the Earl of Warwick; which is altogether against Law."
Cumberland and Westmoreland Militia to be put in Execution.
Answer to the H. C.
Message from the H. C. with an Order for the Sea Adventurers for Ireland.
Words spoke by Mr. Elliott against the Parliament;
"Thomas Elliott spake these Words as followeth: That he thought we should have been together by the Ears long ere now, for (by God) he was sure that, according to his weak Discretion, he had endeavoured to set them together long ago; but, a Plague on't, His Majesty will not stand to any Thing He says; for, if He would, we should have made an End of the Business long since.
"At another Time, there being a Discourse about the Lawfulness of killing any one that His Majesty had proclaimed Traitor; Mr. Elliott, standing at the End of the Board, swore by God, that he would kill any Man whom His Majesty should command or bid him, without questioning the Cause.
"Also, at another Time, some were speaking that the Parliament's Pretences were for maintaining Religion: Mr. Elliott made Answer, and said, Hang them Dogs; they stand for Religion! they have no more Religion than a Company of Dogs.
"Immediately after, he was bragging how he had been tutoring the Prince at several Times; and that he found him to be a very apprehensive Child, and that he did follow his Instruction very well; and said, He had so much Wit already as to keep Counsel; and said, That these Two Particulars I have desired him to observe: First, That his Highness shall never promote any Man that opposeth him; Secondly, That he must ever be careful to prefer such as are obedient to him.
"It was reported at Yorke, That Three Thousand of the Scotts were poisoned by the Rebels; and I speaking of the Villains of that Nation, he replied, and swore by God, That they were Rebels and Traitors; and that they would pay for it one of these Days."
and by Mr. Windbank.
Mr. Windebanke, Senior, said, "That Mr. Pym had taken a Bribe of Thirty Pounds, in Easter Term, sitting in the Chair; and that he had as many Sugarloaves given for Bribes as he hath sold for Four or Seven Hundred Pounds; and that, before he was a Parliament Man, he was worth little; but he had now cozened the King of as much Monies as he hath bought a great Estate, and given Ten Thousand Pounds of the King's Monies to the Marriage of his Daughter."