House of Commons Journal Volume 2: 13 January 1642

Die Jovis, 13 Jan. 1641.

PRAYERS.

Letters from France.

SIR H. Vane, Sir Walth. Erle, Sir Sam. Rolle, Sir Symonds D'Ewes, are appointed to peruse the Letters that were, by Order of the House, brought from the Milaner's in the Exchange, being sent out of France.

Search for Arms, &c.

Mr. Whittacre reports that he searched the Lodgings of Sir James Hamilton, according to the Order Yesterday, but found no Arms there, as was informed.

Mr. Long, Mr. Whittacre, Mr. Strode, Sir Arth. Haselrig, Mr. Cary, Mr. Arth. Goodwyn, Sir Jo. Franklyn, Mr. Whitehead, Sir Jo. Evelyn, Mr. Wheeler, Sir Jo. Holland, Sir Ro. Pye, Mr. Glyn, Mr. Browne, Mr. Reynolds, the Citizens of London;

This Committee, or any Three of them, have Power, when Informations come to be given to the House, to examine them; and, if they find them worth the Knowledge of this House, to acquaint the House therewith; and, if they find them not of any Consequence, to dismiss the Business, and the Parties: And have Power to send for Parties, Witnesses, and Writings; and to make Searches, as they see Cause; and to open Doors, Chests, or Trunks.

Answer from Lords.

Mr. Fines bring Answer of the Message sent to the Lords Yesterday concerning Kingston; That the Lords do concur with this House in all the Particulars of that Message.

Kingston.

Mr. Hampden, * Fienis, * Stapilton, * Reynolds, are appointed to draw up the Substance of the Message, Yesterday sent concerning Kingston, into the Form of an Order.

Payment to Watermen.

Ordered, That Mr. Wheeler pay the Watermen Twenty Shillings, that were hired to carry the Saddles to Hampton-court; and were staid by Order of this House; and by that means lost their Fare.

Naval Affairs.

Ordered, That Sir Edw. Partriche, Mr. Vassall, Mr. Rolle, the Burgesses of Bristoll and Plymouth, go presently to the Lord Admiral, and acquaint him with this Particular, concerning the Four Ships laden with Ammunition from Dunkirke; and to desire his Lordship, that some speedy Course may be taken for the Taking of these Ships; and that whatsoever Charge this Business should come to, this House does undertake to see it satisfied; and to give a Reward to those that shall do so good Service to the Commonwealth, as to take these Ships.

Persons to attend.

Ordered, That the Lieutenant and Surveyor of the Ordnance, and one Marsh the Storekeeper, be forthwith summoned to appear here.

It is farther Ordered, That the Master Gunner be summoned to appear here; and that he bring with him some Six of the chief Gunners, and by Name one Henley; and bring a List with him of all the Gunners Names.

Ordnance Stores.

Sir Ro. Pye, and Mr. Arth. Goodwyn, Mr. Toll, and Mr. Jepson, are appointed to go with this Order; and to see in what State the Stores are, and what those Provisions are that is informed are in the Minories: And are to acquaint the House.

Treaty with Scotland.

Sir Philip Stapilton reports from the Committee, the Articles of Treaty with the Scotts, altered according to the Debate of the House.

Resolved, upon the Question, That these Articles are now drawn up and prepared according to the Sense of the House.

Resolved, That this House is of opinion, that the Towns and Castles of Carrickfergus and Colerayne, shall be put into the Hands of the Scotts, to be Places for their Retreat, Magazines, and Garisons; and that those Towns and Castles shall remain in the Scotts Hands until the Wars shall end, or that they shall be discharged of that Service.

This House likewise holds it fit to accept of the publick faith of the Kingdom of Scotland, for the Re-delivery of the said Castle and Towns; and that the Kingdom of England shall give publick Faith for the Payment of all Dues that shall arise upon this present Treaty.

Resolved, upon the Question, That, for the Provision of Victuals for the Scotch Army, Money shall be advanced out of their Pay, to enable them to make That Provision which they may make, out of any Part of England and Wales, to their best Advantage; and, to transport it, they shall have the same Assistance for providing of Shipping from the State that the English Army hath; and that his Majesty shall be moved to grant his Licence for the Transportation thereof Custom-free; Caution being given, that, under Colour of such Provision, Victuals be not carried to the Rebels: And, if this Proposition be not accepted, then the like Provision shall be made for them, as hath been, or shall be, made for the English Army.

The rest of the Article is assented unto.

Resolved, upon the Question, That the House holds it fit to assent unto the Scotts Third Proposition; and that Power shall be given to the General there to raise Horses for the Service expressed in the Article, at the publick Charge of that Kingdom, as they shall have Occasion to use them.

Resolved, upon the Question, That this House holds it fit to assent unto the Scotts Fourth Proposition.

Resolved, upon the Question, That the Scotts shall go in the Way and Order of an Army, under their own General and Subaltern Officers; Which General shall have the same Pay that the Scotts allowed when they employed one themselves: And that they shall have the Province of Ulster appointed, wherein they shall first prosecute the War: And, to that Part of the Article concerning Power, to give Conditions to Towns, Castles, &c. as shall be most expedient for the Service, it is assented unto; but not to grant any Toleration for the Popish Religion.

To be treated on again;-That their whole Army should be commanded out of their Circle by the Lord Lieutenant of Ireland, if he shall think fit, before the Rebellion be totally suppressed in Ulster; as also, that a third Part of their Army may be drawn away upon Occasion.

Resolved, upon the Question, That the Scotts shall be entertained and paid for Three Months; and that they shall have a Month's Pay advanced beforehand; and shall be afterwards paid as the English Army is paid; And it is

Resolved, That this shall be the Answer to the first Part of the Sixth Article: And to the rest of this Article this House doth assent unto.

Resolved, upon the Question, That the Seventh Article shall be recommitted.

Forces at Kingston, &c.

Whereas Information hath been given to the Parliament, that the Lord Digby, Son to the Earl of Bristoll, and Colonel Lunsford, with others, have gathered Troops of Horse, and have appeared in a warlike Manner at Kingston upon Thames, in the County of Surrey, where the Magazine of Arms for that Part of the County lies, to the Terror and Affright of his Majesty's good Subjects, and Disturbance of the publick Peace of this Kingdom: It is this Day Ordered, by the Lords and Commons in Parliament, That the Sheriffs of Surrey, Berk', Buck', Oxford, and Midd', calling to their Assistance the Justices of the Peace, and the Trained Bands of these several Counties, or so many of them as shall be necessary for the Service, shall suppress this unlawful Assembly, and all other the like Assemblies, gathered together to the Disturbance of the publick Peace of this Kingdom, in their several Counties respectively, and that they take care to secure the said Counties, and the Magazines in them; and that the Sheriff of Midd' take especial care to secure the Strond and Westminster: And that all the said Sheriffs do give speedy Account of their Proceedings herein to the Parliament.

London Common Council.

Whereas the Common Council of London hath appointed a Committee to consider of the Defence and Safety of the City; and that the Resolutions of the said Committee can take no Effect, until they be communicated to the Common Council; It is therefore Ordered, by the Lords and Commons in Parliament, That the Lord Mayor shall call a Common Council as often, and at such times, as shall be desired by the said Committee; and that whatsoever Order the said Lord Mayor hath, or shall receive from either of the Houses of Parliament, shall be by him forthwith imparted to the said Committee.

Town of Portsmouth.

It is this Day Ordered, by the Lords and Commons in Parliament, That the Governor of Portesmouth shall neither deliver up the Fort or Town, nor receive any Forces into either of them, but by his Majesty's Authority, signified to him by both Houses of Parliament.

Answer from Lords.

Sir Philip Stapilton reports, That he carried up Yesterday to the Lords the Two Votes concerning Sir. John Byron, Lieutenant of the Tower: To the first, the Lords do fully concur with this House: As to the second, they will send Answer by Messengers of their own.

Portesmouth Garison.

The humble Petition of the Soldiers of his Majesty's Garison of Portesmouth was this Day read.

That Sir Rob. Pye, Sir Arth. Ingram, and Sir Hen. Vaine, do speak with the Commissioners of the Treasury, and the Chancellor of the Exchequer, to know why there is so much Arrear to the Garison of Portesmouth; and what Monies may be had towards the Payment of the same: And they are likewise to send for the Customers; and to know what Monies remain in their Hands, that some Payment may be made out of the same to that Garison; and to report the same to this House.

Letters examined.

Sir Walter Earle reports, that the Committee appointed to peruse the Letters sent to Mr. Crofts, ... that the Committee finds nothing in them of any Consequence, that concerns the Publick there.

Arms, &c. at Yorke.

Ordered, That the Lord Mayor of the City of Yorke shall not suffer the King's Arms and Munition there to be disposed of, but by his Majesty's Authority, signified unto him by both Houses of Parliament: And Sir Wm. Allinson is to send down this Order.

Votes of Committee in London.

Ordered, That Serjeant Wilde, Mr. Glyn, Mr. Whitlocke, Mr. Rigby, Mr. Samuel Browne, Mr. Grimston, Mr. Reynolds, Mr. Cage, or any Three of them, to draw into the Form of an Order the several Votes of the Committee, appointed by this House to sit in London, to consider of the Safety of the Kingdom: And to present the same unto the House.

Privilege-Impeachment of the Five Members.

Articles of Impeachment against Five Members of this House, depending in the Lords House, was read.

Lord Gray is to go up to the Lords with this Message; To acquaint their Lordships, that this House finds, under the Clerk's Hand of their House, that there are Articles of High Treason exhibited in their House against divers Members of this House: And to desire their Lordships to be pleased to inform this House, who did bring in the said Articles.

Mr. Glyn, Sir Hen. Vaine, junior, Mr. Greene, Mr. Martin, Mr. Whistler, Mr. Rigby, Mr. Reynolds, Mr. Hill, Mr. White;

This Committee is appointed to consider of some Heads for a Conference, concerning the Articles of Impeachment, in the Lords House, against some Members of this House, and the Breach of Privilege thereupon.

Lieut. of the Tower.

Ordered, That a Conference be had with the Lords concerning the Lieutenant of the Tower; and that the Lords be again desired, at that Conference, to join with this House to move his Majesty, that Sir John Conyers may be appointed Lieutenant of the Tower, and Sir Jo. Byron removed: And Mr. Pym is to manage this Conference.

Bailing Prisoners.

Mr. Peard, Sir Jo. Hotham, Sir Tho. Barrington, Mr. Lisle, Mr. Rob. Goodwyn, Sir Tho. Boxyer, Sir Wm. Litton, Mr. Moore, or any Three of them, do consider of the Bail given to the Serjeant, for any Person committed by the House to the Custody of the Serjeant; and to report their Opinion to this House, both concerning the Bail, and the Persons bailed.

Committee at London.

Resolved, upon the Question. That this House doth approve, allow, and confirm the particular Votes, now presented from the Committee at London, and now read: And

It is Ordered, that they be referred to the former Committee, to be drawn into Form of a Declaration.

Answer from Lords.

Lord Gray brings Answer, that Mr. Attorney General did exhibit those Articles.

Information against Prickett.

An information of Words, spoken by Allen Prickett, and avowed by Matthias Bennett, against Mr. Pym, a Member of this House, was this Day read; and ordered to be referred to the Committee for Informations.

Capt. Legg.

Ordered, That those Lords that are Bail for Captain Legg shall be moved to bring in Captain Legg forthwith: and the Serjeant is to move those Lords accordingly.

Serj. Major Berry, &c.

Ordered, That Serjeant Major Berry, and his Officers, shall be discharged from the Constables, and proceed in their Levies.

Naval Affairs.

Ordered, That a Message be sent to the Lords, to desire their Lordships to join with this House, in a Message to the Dutche Ambassador, to desire him to give Order and Encouragement to the Dutche Admiral, now at Plimouth, to do his best Endeavours for the Taking of the Four Frigates, or any other Vessels, laden with Ammunition, coming from Dunkirke, and bound for Ireland.

Sir Jo. Hotham went up with this Message to the Lords.

States Ambassador thanked.

Sir Rich. Cave is ordered to give Thanks from this House to the States Ambassador for his good Affections expressed to this State.

Lieut. of the Tower.

A Message from the Lords, by Serjeant Whitfeild and Serjeant Glanvile:

The Lords have commanded us to let you know, that the Lieutenant of the Tower is come, and is with their Lordships.

Impeachment of the Bishops.

A Message from the Lords by Sir Rob. Riche and Mr. Page;

The Lords have commanded us to let you know, that they have appointed Monday for the Twelve Bishops, impeached, to appear before them in Person.

Ordered, That the Committee appointed to consider what way is most fit to proceed against the Twelve Bishops impeached, to meet To-morrow, at Seven of Clock in the Court of Wards.

Naval Affairs.

Sir Jo. Hotham brings Answer, That the Lords did fully agree with this House, to send to the Dutch Embassador to make Stay of those Ships, or any other, that should bring Succours to Ireland, as was desired.

Privilege- Impeachment of the Five Members.

Mr. Brown reports from the Committee appointed to consider of Heads of a Conference, concerning the Articles against Five Members of this House, in hæc Verba;

"Whereas we understand from your Lordships, that the King's Attorney General, in the House of Peers, hath preferred these Articles of High Treason, and other Misdemeanors, against Mr. Denzill Hollis, Sir Arthur Hasselrigg, Mr. John Pym, Mr. Jo. Hampden, and Mr. Wm. Strode, Members of the House of Commons; we declare, that this is a high Breach of the Privilege of the House of Commons; for which, in due time, we shall desire Justice: And, to the Intent that the Truth may be discovered, and that legal Proceeding may be speedily had, we desire your Lordships to require Mr. Attorney to answer these Questions;"

"1. Whether he contrived, framed, or advised, the said Articles, or any of them; if not, then whether he doth know, or have heard, who did frame, contrive, or advise, the said Articles, or any of them."

"2. Whether he knoweth the Truth of the said Articles, or any of them, in his own Knowledge, or by Information; or whether he had any Testimony, or Proof, of these Articles before the Exhibiting of them."

"3. Whether he will undertake to make good the said Articles, or any of them, when he shall be thereunto called in due Course of Law."

"4. From whom he received the Articles; and by whose Directions and Advice he did exhibit the same."

Resolved, upon the Question, That this shall be the Heads of the Conference; and that these Questions shall be then offered to the Lords, to be propounded to Mr. Attorney.

Resolved, upon the Question, That the Impeachment made by Mr. Attorney in the House of Peers, against the Five Members of this House, is a high Breach of the Privilege of this House.

Ordered, That Sir Philip Stapleton do go to the Lords with this Message; To desire a Conference, by a Committee of both Houses, concerning some Members of this House, impeached in the Lords House, of High Treason, by the King's Attorney General: And to desire, that Mr. Attorney may be commanded to attend That Conference; and that the Committee of the Lords may have Power, at That Conference, to propound such Questions unto him as shall be offered by the Committee of this House; and that Mr. Attorney be required to answer unto them.

Officers of the Tower.

Ordered, That Sir Gilb. Gerrard, Mr. Hampden, Sir Ro. Pye, and Sir Hen. Mildmay, do examine the Officers of the Tower, now at the Door, what Persons suspected have been lately put into the Tower; and to ask them, if they will all take the Protestation; and to acquaint them, that this House sent for them, in respect that they had a good Opinion of them; thinking they might have had Occasion to use them; but at this time they have not: And so to dismissed them.

Conference.

Sir Philip Stapleton brings Answer, The Lords do give a present Meeting, at a Conference, as is desired.

Mr. Browne, Sir Hen. Vaine jun. Mr. Fynes, Mr. Reynolds, Serjeant Wilde, are appointed Managers of the Conference.

Lieut. of the Tower.

Information being given, that Sir Jo. Byron, Lieutenant of the Tower, was at the Door, ... was called in to the Bar; and kneeled there a while; and then, rising again, delivered an humble Petition to the House: which was read: And Ordered, That the Serjeant should ac-quaint him, that the House hath read his Petition; and, in due time, will take it into further Consideration.

Providing Money.

Ordered, That To-morrow Morning, peremptorily, at Ten of Clock, the House shall take into Consideration some way of providing such Monies, as shall be thought necessary for the Service of Ireland.

Scoche Propositions.

Ordered, That Mr. Fynes do carry up to the Lords, as soon as they are set, the Scoche Propositions: And Mr. Speaker is to put the House in mind hereof.

Person to attend.

Ordered, That Henley, one of the Gunners of the Tower, do attend here To-morrow Morning.

Defence of the Kingdom.

Mr. Whittlock reports from the Committee appointed to prepare a Declaration to be sent into all the Counties, advising them to put themselves in a Posture of Defence, a Declaration, in hæc Verba:

Whereas the Papists and other ill-affected Persons within this Kingdom, both before and since this Parliament, by many wicked and traiterous Designs, mentioned in a Remonstrance of the State of this Kingdom, have plotted and laboured the Confusion of this State and Government, the Subversion of the ancient and fundamental Laws of the Kingdom, and a Division of the Body of this Commonwealth from the Head thereof; to the end they might the better effect their devilish and bloody Purposes, for the utter Destruction of the true reformed Religion, and the Professors of the same: And, in further Pursuance of their wicked Endeavours, have, and daily do contrive all possible Means, to bring this Kingdom into the like miserable Condition with that of Ireland; as doth clearly appear to the Lords and Commons in this present Parliament, by sundry Informations and Examinations produced before them: And, the better to bring the same to pass here, as they have already done in Ireland, they secretly, and cunningly work to raise Distractions in this Kingdom, by high Breaches of the Privileges of Parliament; plotting to have some of the Members thereof to be accused of High Treason, and some of them to be taken by Force out of the House of Commons, and, to that End, resorting in great Numbers, in a warlike Manner, to the very Door of the said House, armed with Swords, Pistols, and other Weapons, ready and intending to fall upon the said House, and to have cut the Throats of the Members there; as by divers Examinations clearly appears; whereby this Parliament might have been dissolved in Blood and Confusion, the Relief of the Protestants in Ireland prevented, and an evident and speedy Way opened to the Ruin of us, and our Religion, here in this Kingdom: But, failing of their Hopes therein, through the great Mercy of God towards us, nevertheless they still persist in their wicked and traiterous Courses, confederating themselves with Strangers, and instigating foreign Princes to conjoin their Councils and Forces, and by Invasion from abroad, intestine Wars here amongst ourselves, to waste the Wealth and Substance, and totally to annihilate the true Protestant Religion, and the whole Frame of Government in all his Majesty's Dominions: And, building upon that Foundation, great Numbers of Soldiers, Papists, and other disaffected Persons to our Existence and Wellbeing, have inrolled themselves in a List, under the Command of Persons fit for the Execution of their wicked Designs; and have made great Preparations of Arms, Ammunition, and Victual, in several Parts of the Kingdom, where they have likewise had frequent Assemblies, to consult how they might compass their detestable Machinations: And, through malignant Councils, have prevailed so far as to have the Tower of London, and other Places of eminent Strength and Trust, to be put into the Hands of such Persons, as we have just Cause to suspect will adhere to them, and turn the Strength of the Kingdom against itself: All which the Lords and Commons, in this present Parliament assembled, as Watchmen, trusted for the Good and Welfare of the King, Church, and State, having taken into their serious Consideration, and labouring by all fit Means, to prevent these great and threatning Dangers to his Majesty's Royal Person, and to our Religion, Lives, Liberties, and Fortunes, have thought good to give a timely Advertisement thereof to all his Majesty's Subjects of the reformed Protestant Religion; declaring hereby, that they hold it necessary, and advising, that with all Expedition, they put themselves into a good Posture of Defence; to provide fit Arms and Ammunition, and be ready, upon all Occasions, to defend their several Counties from domestick Insurrections, or foreign Invasions: And that the Sheriffs, Justices of Peace, and Mayors, and Head Officers, within their several Limits, do take care, that their Magazines of Powder, Arms, and other Ammunition, be compleatly furnished; and that they cause strong Guards and Watches to be set in convenient Places, for the Securing themselves, and for the Apprehending of such Persons whom they shall have just Cause to suspect; and if, upon Examination, any Grounds of Danger shall appear, to give Notice thereof unto the Parliament: And that all Officers take special care, that no Soldiers, Arms, or Ammunition, be raised or levied, nor any Castles, Forts, or Magazines, delivered up, without his Majesty's Authority, signified by both Houses of Parliament.

Resolved, upon the Question, That this Declaration shall pass, as the Declaration of this House: and be sent up to the Lords, to desire their Lordships to join with this House therein.

Ordered, That Mr. Whittlock shall carry up this Declaration, touching the Safety of the Kingdom, now passed this House, to the Lords; to desire their Lordships to join therein.

Mr. Whittlock carried up the Declaration, according to the former Order.

Mr. Whittlock brings Answer, that he had delivered the Declaration, according to the Command of this House; and that their Lordships will send Answer by Messengers of their own.