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 Jovis, videlicet, 18 die Augusti.
Letters about Portsmouth.
Answer from the H. C. about staying the Money for Ireland.
Message from the H. C. for the Lords Concurrence in Three Orders.
Barons of the Exchequer to swear the Lord Mayor Elect.
Ordered, That Mr. Baron Trevor and Mr. Baron Page shall give the usual Oath to Alderman Pennington, Lord (fn. 1) Mayor Elect of the City of London, this Day.
"2. (fn. 2) The House of Commons offered to their Lordships Consideration a Proclamation by His Majesty, requiring the Aid and Assistance of all His Subjects on the North Side Trent, and within Twenty Miles Southward thereof, for the suppressing of the Rebels now marching against Him.
Declaration in Answer to the King's Proclamation.
Ordered, That it is referred to the Committee for the Safety of the Kingdom, to consider of a Declaration, in Answer to the King's Proclamation; and to consider of an Answer of the Propositions of the Gentlemen of Yorkshire, and of the desperate Propositions of those that meet (fn. 3) at the Dean's House of Yorke.
To be printed.
Message to the H. C. to acquaint them with it.
Lyon sent for, for a Riot at Greenwich.
Clark of Staines sent for.
Ordered, That the Constable of Stanes, James Clarke, shall be sent for as a Delinquent, upon the Affidavit of (fn. 4)
Col. Butler Leave to go Abroad, on Security not to go to Ireland.
Upon reading the Petition of Colonel Butler; it is Ordered, That Colonel Butler, giving Security that he shall not go into Ireland during the Time of the Rebellion there, and upon Protestation and Faith given that he will never take up Arms against the King, he shall be released of his Restraint, and be permitted to depart this Kingdom.
Squire and Francis.
Lovet Leave to go beyond Sea.
Ordered, That Mary Lovett and (fn. 5) her Children shall have Liberty to go beyond the Sea.
Cause of Captains Slingsby and Wake.
The House was informed, "That the Witnesses against Captain Slyngesby and Captain Wake cannot be spared from their Charge in which they are; and that the Earl of Warwicke referred himself to what Reparation this House shall think fit."
Letter from Mr. Harley, &c. of the Situation of Affairs in the North.
"The Constitution of Affairs in this County are of so high Importance to the general Good of the whole Land, as we conceive it requisite to have them represented to the House of Parliament, and to receive Directions from thence, to guide the well-affected Subjects in such Ways as conduce to the Establishment of Peace here and elsewhere; and, to that End, the Committee, when they returned to the Parliament, promised frequent Intercourse, and that those who should be employed from hence upon such Occasions should find. Their Gentlemen of the Country having met here at Yorke this Day and Yesterday, did resolve it necessary to dispatch the Bearer with a View of the present Condition of the Country, which they desire you to make known to the House, as you shall find it necessary.
"His Majesty hath now withdrawn all His Forces from Hull and Bev'ley, and sent most Part of His Horse towards Newarke and Nottingham, and intends to advance His Standard at Nottingham the 20th of August, and, by Proclamation, command all Mens Attendance on His Person, as the Proclamation which the Bearer will deliver will more fully inform. His Army at this present consists especially of Horse, which are intended to be about Four Thousand, in several Regiments; in which Number, we conceive, is not included the Five Hundred Horse, which certain of the Gentry of Yorkshire promise to raise, nor the Train of the Court, estimated at Five Hundred Horse. For Foot Forces, here are very few visible, and those of the Scum of the Country, being raised by beating Drums for Voluntiers: Yet it is said, that the Proportion is Thirteen Thousand Foot, though in Discourse they declare as if Five Thousand Foot will be sufficient for the Design; which what it is, or against whom, we know not, otherwise than is expressed in the Proclamation for raising the Standard; for, if it were for Defence of the Protestant Religion, the Laws of the Land, and Privileges of Parliament, so often repeated, we conceive the Papists, who hate them all, would not so much rejoice, nor shew themselves so forward to assist the Service, nor make so frequent Resort as now they do into these Parts, from Ireland, Lancashire, and all Parts of Yorkshire. And besides, we observe the King hath sent out Warrant to call to the Service all Recusants Horse and Arms; and many Recusants, to make themselves capable of Commands, do resort to Church.
"It is given out, that the King goes Southward on Tuesday next, though of that we can write no Certainty; but, whensoever He goes from hence, He leaves the Earl of Cumb'rland to govern these Northern Counties, with Authority to raise Forces for Defence of them, and a Council of War to assist: And, to terrify the Subjects, and constrain Obedience to the Government, it is to be accompanied with a Commission of Oyer and Terminer; and this Government and Council are to reside at Yorke.
"You have already heard how the Gentry of this Country were summoned to appear before His Majesty at Yorke the 4th of this Month, where His Majesty made certain Propositions to them, which you have since seen in Print; whereupon the Earl of Cumberland, Lord Savill, Lord Fawlkonbridge, all or most of the Commissioners of Array, and divers other Gentlemen of the Country, met in the Deanry at Yorke, and there framed the Petition sent up by Mr. Jackson and Mr. Maude to the Parliament; which, though it was carried then with much Secrecy, yet now it is divulged, and disliked by a great Number of the other Gentry of this Country, who will protest against it in Writing as soon as they can meet with Conveniency; yet they which framed it resolve to maintain it, and hold Meetings and Consultations at the Deanry in York, where they treat of Matters of dangerous and high Consequence, and contrary to the Laws of the Land and the Liberty of the Subject: That is to say,
"To constrain all Persons to contribute to the Charge of this Army, and to distrain upon such as refuse it. And, to disable the Subjects to oppose or defend themselves against this Oppression, they intend to disarm and imprison all such Gentlemen as shall not consent with them; and they have especially designed for imprisoning a great Number of Gentlemen, who, they suppose, will give Opposition to their Trained Band, in every Regiment, and intend to disarm more of them where they find Danger of Opposition.
"These Propositions and Consultations, which are generally spoken of, do not a little perplex the wellaffected Subjects; and their Fears increase by divers particular Affronts and Attempts upon the Gentry of the Country, by the Troopers and others of the King's Army; as the pillaging of divers Gentlemens Houses about Hull, and pillaging Sir Henry Cholmlye's House near Selby on Sunday last, and Mr. George Marwood's House at Nunmunckton, Five Miles from Yorke, on Wednesday last. In this of Mr. Marwood's, we will relate some Particulars, for your better Information.
"It was done in the Day-time, and by Twenty-four Horse, or thereabouts; Part stayed beyond the River, running close by the House; Part entered the House, and others kept Watch, that none should come to hinder their Attempt; they threatened Mrs. Marwood and her Servants with Death, to discover where her Husband was; and swore they would cut him in Pieces before her Face, and called her Protestant Whore, and Puritan Whore; they searched all the House, and broke open Seventeen Locks; they took away all his Money, being about One Hundred and Twenty Pounds, and all his Plate they could find; and they pretended that they had the King's Warrant for their Doings, which the King disavows, and is very much offended to have His Name so abused, and threatens to have them all hanged, if they be discovered. And though it be Mr. Marwood's Lot to suffer first, yet the loose People threaten to pillage and destroy all Roundheads, and name some particular Persons; under which foolish Name, Roundhead, they comprehend all such as do not go their Ways.
"These Beginnings and Preparations of Misery are necessary to be made known to all the Kingdom, that the good Subjects may stand upon their Guard; for though we may assure ourselves that the King will endeavour to preserve us, yet we find it is impossible to restrain the Malice and Rage of bloody Papists and faithless Atheists; and in Time these Mischiefs will approach other Parts, though for the present we lie in the Mouth of Danger.
"Now, towards the Redress of these growing Evils, and securing the Peace of this County, and Preservation of those peaceable Subjects, intended to be disarmed and left naked to the Fury of every malicious Adversary, we offer to your Considerations the Propositions following: videlicet,
"That an Order be conceived in Parliament, and declared, that all the Kingdom may take Notice of it, to this Effect: That all well-affected and good Subjects (that shall be plundered, pillaged, or suffer in their Estates, by any of the Cavaliers, or other Forces raised without Consent of Parliament) shall have full Reparation of their Damages, out of the Estate of such Persons of Wealth and Quality, whose Fortunes lying in the South, do now reside in Yorkshire, and with their Presence and Assistance do countenance and further these Distempers of the Kingdom, and the Mischiefs that do happen, and are like to increase.
"That there may be speedily sent to Hull a sufficient Proportion of Powder, Arms, Ordnance, and other Munitions, with an Order to furnish the Country with them as there shall be Occasion, especially to such as shall be disarmed upon the Consultations held in the Deanry.
"That Commissions be speedily sent down, from the Earl of Essex, Lord Lieutenant of this County, to the Gentlemen named in this inclosed Paper, or such of them as the House shall elect for the present, to raise and command the Forces of this Country, for suppressing of any Insurrections, or unlawful Tumults, that may happen to arise.
"This List of Gentlemen for commanding the Country Forces is not intended to disappoint any of Trust or Command, who are already nominated and intrusted by the Parliament; nor are they intended to be continued longer, than until some other Provision by Act be concluded on by the King and Parliament, for settling and ordering the Militia.
"And lastly, it is the Desire of the well-affected Country to receive Weekly Advertisements from thence, by some specially employed for that Purpose, until Affairs be so settled as we may safely conside in the ordinary Post; for now we neither rightly understand the Proceedings of the House, nor can we represent to them such Matters as concern the Peace of the Country.
"The Grand Juries this Assize consist for the most Part of such as give us Cause to suspect that there is some extraordinary Business to be presented; but of this the Sheriff excuseth himself, and faith, The Pannel returned by him was viewed and corrected by the Judge, the Night before the Assize."
Insignia belonging to the City seized, by the Gentleman Usher, in the late Lord Mayor's House.
Delivered to the Lord Mayor Elect.
Order for the Commissioners for Irish Affairs to meet.
"Ordered, That Sir Robt. Harley do go to the Lords, with this Message, to acquaint them that this House hath Ordered, That the Members of this House, that are in the Commission for Ireland, or any Four of them, shall meet as a Committee for the Affairs of Ireland, and desire the Lords Concurrence herein; and that the Members, in their House, in that Commission, or a proportionable Number of them, may have the like Power to meet as a Committee, to prepare and consider of Things necessary for Ireland; and to present the same to both Houses, in regard the Commissioners cannot meet, by reason that divers of them are now out of Town, in the Service of the Parliament."
Message to the H. C. to acquaint them with it.
To let them know, that this House agrees with them in the Order for settling the Irish Affairs, as they desire; and have appointed any Two Lords, to meet with a proportionable Number of the House of Commons.
Clark, Constable of Staines, sent for, for not serving a Warrant of this House, on Weekes, Grover, and others.
"Humanitas Mayo maketh Oath, That, on Tuesday the 16th of this present August, being sent by the Gentleman Usher of the Honourable House of Peers, as his Deputy, with a Warrant for the apprehending of Ricd. Weekes, Jo. Grover, and others, with which he, this Deponent, repaired unto James Clarke, Constable of Stanes, requiring his Assistance in the Execution of the said Warrant; the said James Clarke, reading of it, did, in a very scornful Manner, slight the said Warrant, and said, That Mr. Manning and Mr. Squibb had, in a sinister and indirect Way, procured the said Warrant from Mr. Browne, to fright Men withall; and that, if he, the said Clarke, were in the Warrant, he would not care a Pin for it, nor would not obey it; and further told this Deponent, That whosoever set him on Work went the wrong Way: Notwithstanding, this Deponent with much Persuasions got him to go with him, but with such an ill Will as he went without any Staff, and with his Hands in his Pocket; but this Deponent could find none of the Delinquents, by reason the said Clarke had under-hand given them Notice of the said Warrant, as he doth confidently believe that the Parties that were formerly at Hanworth would be there again shortly, if not that Day, for Satisfaction of the Wrong they had received there.
Squire and Francis.
"Mr. Squire being in Possession of a House in Longeacre, in the Parish of St. Martin's, which was his Dwelling-house, Mr. Serjeant Francis (pretending Title thereunto) did cause one Mr. Ewer (his Lessee in Trust) to make a Lease thereof to one Barker, to try the Title; and thereupon did cause one Leppington, a Stranger both to Mr. Squire and one that had nothing in the Possession or Title of the said House, to appear as a Defendant to the said Action, and to confess a Judgement; and thereupon Mr. Squire (by virtue of a Writ of Haberi facias Possessionem, taken forth by Mr. Serjeant Francis) was put out of Possession of his House, and of his Goods (being in the said House). Mr. Squire maketh Oath, That he never had any Notice of this Suit (before he was put out of the Possession), nor of any Proceedings therein; and it doth appear, that he was never arrested, nor any Process taken forth against him; but Mr. Serjeant Francis hath produced before me Three several Affidavits, which do prove that Mr. Squire had Notice of the said Suit; and one of them doth depose, that he had a Copy of the Declaration. This Mr. Squire doth absolutely deny; but doth offer, that, if he may have the Possession of his House and Goods again, he will appear gratis, and plead presently, so that a Trial may be had in the Beginning of Michaelmas Term, and will, upon the Trial, confess the Lease, and the Ejectment, and stand only upon his Title; which I did think just and reasonable; but Mr. Serjeant Francis did refuse to consent thereunto. All which I humbly leave to your Lordships Judgement and Consideration.
King's Assistants in this War, Traitors.
"Whereas the King, seduced by wicked Counsel, doth make War against His Parliament and People, and, for the promoting of that War, divers Forces both of Horse and Foot have been and are levied and raised by several Persons, and His Majesty's good Subjects are most cruelly robbed, spoiled, and slain: To the End that no Man may be misled through Ignorance, the Lords and Commons in Parliament Declare, That all such Persons as shall, upon any Pretence whatsoever, assist His Majesty in this War, with Horse, Arms, Plate, or Money, are Traitors to His Majesty, the Parliament, and the Kingdom, and shall be brought to condign Punishment for so high an Offence."
Order concerning the Money, Plate, &c. brought in, in Northamptonshire.
"It is this Day Ordered, by the Lords and Commons, That Philip Holman and Willm. Ward, Esquires, and John Gifford and Thomas Martin, Aldermen of the Town of Northampton, or any Two of them, shall be Treasurers, to receive all such Money and Plate as shall be brought unto them, or any Two of them, in the County of North'ton, by any Person or Persons, for the Payment of Soldiers, providing Horses, Arms, and Ammunition, for the Defence of the King and Parliament, or the Preservation of the said County, and other Things necessary for the same; and that the Acquittances of them, or any Two or more of them, for the Receipt of the same, shall be a sufficient Ground for any Party so lending Money or Plate to demand the same, with Interest according to Eight Pounds per Centum, and their full Value of their Plate, with Consideration for the Fashion, not exceeding One Shilling by the Ounce; for the Payment whereof, both Houses of Parliament do engage the Public Faith: And it is Ordained, That the said Money and Plate shall be disposed of, according to the Directions, and upon the Warrant, of the Lieutenant, or any Two or more of the Deputy Lieutenants, of the said County, or of such as are or shall be appointed in the Place of Deputy Lieutenants there, by both Houses of Parliament, for the Purposes aforesaid, until both Houses shall Order the contrary; and that the Warrant of the said Lieutenant, or any Two or more of the said Deputy Lieutenants, or such as are or shall be appointed in their Stead, shall be a sufficient Discharge of the said Treasurers for the issuing thereof; and, if there shall be any Surplusage or Overplus of the said Money or Plate, when the said County shall be peaceably settled, the same to be paid and delivered to the Treasurers appointed by the late Propositions and Orders for bringing in of Money, Horse, and Plate, to be by them accompted for as if it had been brought in upon the said Propositions."
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Sir Gilbert Pickering, Baronet, Sir Richard Samuel, Knight, Sir John Norwich, Baronet, John Crew, Esquire, and Clyston Catesby, Esquire, shall be Commissaries, to take Subscriptions for, and to view, value, inroll, and take the Muster of, all such Horses and Arms as shall be brought in at North Hampton, for the Ends, and upon the Terms, in the late Propositions of both Houses of Parliament expressed, and not subscribed for, viewed, valued, and inrolled elsewhere; and of such Horses and Arms, and the Value of them, together with the Names of the Subscribers of them respectively, to return Certificates up unto the Commissaries in London, appointed by the Ordinance of Parliament upon the said Propositions, there to be inrolled with the rest, and also to give Certificates to such Subscribers respectively, for the Number and Value of Horse and Arms by them severally brought in, according to such their Subscriptions."
"Instructions for Sir Hugh Owen, Sir John Stepney, Baronets, and John Wogan the Elder, Esquire, Members of the House of Commons, and Committees to be sent into Pembrookeshire and the Town of Haverford the West; and for Sir Richard Phillipps, Baronet, John Langbarne, Alban Owen, Thomas ap Price, Hugh Bowen, Arthure Owen, Roger Lort, Griffith White, John Phillipps, Lewis Barlow, John Ellyott, John Edwards, and Thomas Warren, Esquires, for the Preservation of the said County and Town.
Instructions for the Pembrokeshire Committee.
"Whereas it doth appear to the Lords and Commons now assembled in Parliament, That the King, seduced by wicked Counsel, doth make War against His Parliament; and for that it is not improbable that, under Colour of raising a Guard for His Majesty's Person, or some other Pretence, the Knights, Gentlemen, Freeholders, and Inhabitants of the County of Pembrooke, and Town of Haverford the West, may be drawn together: Therefore you, and every of you, shall take special Care, that the Ordinance concerning the Militia be forthwith put in Execution through the County; and the Sheriffs, and all other Officers and Subjects, are hereby enjoined to assist you, and every of you, therein; and if any Person whatsoever shall levy, or endeavour to levy, any Soldiers, or to draw or keep together the Trained Bands, or other armed Forces of the said County, or any other Forces, by Colour or Pretence of any Commission or Warrant from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament, you are to make known to the Trained Bands, and other Inhabitants of the said County, that those who shall appear upon any such Warrant, or obey any such Commission, shall be held Disturbers of the Public Peace; and those who shall not appear upon any such Warrant or Commission, nor do any Thing in Execution thereof, shall be protected by both Houses of Parliament; and you, and every of you, shall, in the Name and by the Authority of both the said Houses, require and command all Persons to forbear the Execution of such Commission or Warrant, and the same to be delivered up unto you, or any of you, to be sent to the Speaker of the House of Commons: And you, and every of you, Deputy Lieutenants, are hereby required to draw together such of the Trained Bands, and other Forces of the said County, as shall be expedient, for the suppressing of all such Assemblies, and for the apprehending of all or any Person or Persons as shall, after Admonition and Command by you, or any of you, made unto them, to forbear the Execution of any such Commission or Warrant, or the calling or gathering or keeping together of any such Forces or Assemblies, still persist in doing the same, and likewise such as bear Arms by Colour of any Warrant or Commission from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament, and also all such disaffected Persons as shall be found raising any Party or Factions against the Parliament, to be sent up hither, to answer such their Offences, as to Law and Justice shall appertain; and you, and every of you, the abovesaid Members of the House of Commons, shall, in the Name of the Lords and Commons, require and command the Sheriffs of the County of Pembrooke, and Town of Haverford, to publish throughout the said County and Town the Declarations formerly published by both Houses of Parliament.
"You, and every of you, shall further take Care, that such Resolutions and Orders of both Houses as have been, or shall be, delivered or sent down unto you, or any of you, be put in Execution; and shall require the Sheriff, Justices of the Peace, and all other His Majesty's Officers and Subjects, to be aiding and assisting to you, and every of you, for that Purpose.
"You shall declare unto all Men, That it hath ever been, and still shall be, the Care and Endeavour of the Parliament, to provide for His Majesty's Safety; and that they do not, nor ever did, know of any Evil intended to His Majesty's Person, which might move Him to require any extraordinary Guard; that His greatest Safety is in the Affection and Fidelity of His Subjects, and in the Advice and Counsel of His Parliament; and His greatest Danger in withdrawing Himself from them; so that, under Colour of doing Him Service, disaffected and malignant Persons, obnoxious to Justice for their great Crimes, have raised Forces, which they labour to increase, to the Disturbance and Hazard of the Kingdom.
"You, the said Members of the House of Commons, and every of you, shall endeavour to clear the Proceedings of Parliament from all Imputations and Aspersions; and shall, from Time to Time, certify us of all Things which you conceive necessary for the present Service: And that we may have a speedy Account of it, and that our Directions to you, as well as your Advertisements to us, may have clear and ready Passage, you, and every of you, shall lay a strict Charge upon all Post-masters, that they do not suffer any Letters, or other Dispatches, to or from the Parliament, to be intercepted or stayed; and, if any shall presume to make such Stay of those Dispatches, you, and every of you, shall direct the Post-masters to repair to the Justices of the Peace, Constables, and all other Officers, for their Aid and Assistance, who are hereby required to take special Care that there may be no such Interruption.
"You, and every of you, shall take Care, that none of the Recusants Arms, or other Ammunition of the said County, shall be carried or taken out of the County, upon any Pretence or Command whatsoever, without Warrant from both Houses of Parliament; and you, and every of you, shall give Order and Direction to the Sheriffs, Justices of Peace, and other Officers, to require and command all the Popish Recusants in that County to confine themselves to their Dwellings, according to the Statute in that Case provided; and, if any such Recusant shall be found to transgress therein, you, and every of you, shall cause the Justices of the Peace forthwith to bind them to their good Behaviour; and, upon Refusal or Neglect to give Security accordingly, to commit them to Prison, and further proceed against them according to the Law.
"You shall also, in the Name of both Houses of Parliament, require all such Persons who have in their Custody any Part of the Public Magazine of your County, to deliver the same unto you, or some of you, to be employed for the Defence of the said County.
"And you, and every of you, are likewise to give Charge, from both Houses of Parliament, to all Captains, Lieutenants, and other Officers of the Militia, that they be obedient to such Directions as they shall from Time to Time receive from the Lieutenant of the said County, or his Deputies, or any of them, for due Performance of any the Commands of the said Houses.
"You, and every of you, shall resist and repel, and are hereby authorized to resist and repel, by the Power of the said County, and by all other Ways and Means, all such Force and Violence as shall be raised or brought, by any Person or Persons, to the Hindrance or Disturbance of this present Service, or for the arresting or seizing of the Persons of you, or any of you, or of any others which shall be employed in the Performance of the Ordinances, Instructions, and Commands of both Houses of Parliament, for any Thing done in Execution thereof; and the Sheriffs and Justices of Peace of the same County and Town, and all other Officers and Subjects, are are hereby enjoined to be aiding and assisting to you, and every of you, for the better and more speedy Execution of the Premises: And the Lords and Commons do hereby Declare, That they will protect, defend, and assist, all Manner of Persons, for such Actions as they shall perform in Pursuance of these Instructions, and other Orders and Commands of the said Houses of Parliament."