House of Commons Journal Volume 2
26 July 1642

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1802

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'House of Commons Journal Volume 2: 26 July 1642', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 690-693. URL: http://www.british-history.ac.uk/report.aspx?compid=1869 Date accessed: 22 August 2014.


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Die Martis, 26 Julii, 1642.

PRAYERS.

Stay of Dutch Ships.

A LETTER from the Earl of Warwick, of the 25th of July, concerning the Stay of some Dutch Ships, directed to Mr. Speaker, was this Day read; and sent up to the Committee of our House for the Defence of the Kingdom by Mr. Green, to know what they knew of the Business.

Affairs at Manchester.

Mr. Byrch of Manchester in Lancashire, makes Relation of all the Proceedings by the Lord Strange, the High Sheriff, and others in that Country, concerning the Putting the Commission of Array in Execution, and the Seizing the Magazine of the County.

That the Committee appointed to consider of the Proceedings of the Commissioners named in the Commission of Array, do sit this Afternoon, at Two of Clock, in the Court of Wards.

Affronts to Volunteers.

Edward Smyth and others, were called in, to attest an Information given in by him and others, concerning some Affronts and Disturbance given to some Volunteers, Inhabitants of the Town of Edlisbury.

Resolved, upon the Question, That Rich. Brugis Gentleman, Rich. Denbye Butcher, Tho. Stanbridge the elder, and Jo. Russel Husbandman, of the Town of Edlisborough, in the County of Bucks, be forthwith sent for, as Delinquents, for affronting and abusing some Volunteers of the said Town, peaceably training and exercising themselves in Arms.

Monmouth Militia, &c.

Ordered, That the Lord Herbert, Lieutenant of the County of Monmouth, be desired forthwith to grant out his Deputations to his Deputy Lieutenants, that the Militia may be forthwith put in Execution in that County.

Mr. Herbert is to move the Lord Herbert hereunto: And the Deputy Lieutenants are to have the like Instructions as were granted to the Deputy Lieutenants of Warwickshire.

Privilege-abusing a Member.

There was Information given to the House, of an Affront done to Mr. Reynolds, a Member of this House, by one Mr. Gibbons, a Prisoner in Execution of the Fleete, and by one Tho. Roe his Keeper; and that the said Gibbons, notwithstanding that he is a Prisoner, and in Execution, doth go freely abroad, by Colour .... that J. Crawley grants out, pretending as though he had something daily to speak with him about. The House took likewise Notice of the Abuse of this Writ: And have

Resolved, upon the Question, That Tho. Roe, Servant to the Warden of the Fleete, be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for affronting and abusing a Member of this House, notwithstanding that he knew him to be a Member.

Serjeant Wilde, Sir Rich. Buller, Mr. Solicitor, Mr. Strode, Mr. Vaughan, Mr. Prideaux, Mr. White, Sir Gilbert Gerard, Mr. Millington, Mr. Noble, Mr. Green, Mr. Cage, and all the Lawyers of the House, are to consider of the Writ granted for Prisoners in Execution, by Colour of which they freely go about notwithstanding their Restraint, and notwithstanding that they are in Execution: And have Power to send for Parties, Witnesses, Papers, Records: And are to meet on Thursday, at Two of Clock, in the Court of Wards.

Indemnity for serving Parliament,

Mr. Strode presented an Order concerning the Indemnity of such as should be employed in the Service or Commands of both or either House: Which was read.

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

Naval Affairs.

The Lords have received a Letter from the Earl of Warwick, directed to the Speaker of the House of Peers; and a Note of the Ships employed under the Command of the Earl of Warwicke, and which Way they are employed; and a Relation of Captain Bliths, how the Convoys that he carried to Dunkirk were seized upon by Admiral Trump.

Trial of Lord Mayor.

They likewise signify, that the Lord Mayor is there ready attending; and that the Lords do intend to proceed now against him, if any Members of this House please to be present.

Answer returned by the same Messengers;

The House has considered their Lordships Message; and will send up some Members to be present at the Trial of * * * *

Message to Lords.

Sir Ro. Harley carried up to the Lords the Bills for Naturalization of 1 John Kirke, 2 Richard Bogan, 3 Symon Clerke; And the Bill for the Indemnity of the Earl of Pembroke, &c.; The Declaration concerning Bristoll; The Letter to the Lord Esmond; The Order for the Lieutenant of Ireland to grant Commissions to the Earl of Thomond, for his Troop of Horse, and Company of Foot; The Order for Advancing the Subscriptions in the County of Suffolk, for Payment ... the Arrears to Sir Jo. Coniers, and others; The Order concerning the Printed Paper, intituled, "The Declaration of the County of Hereford."

Indemnity for serving Parliament.

The Order for the Indemnity of such Persons as are employed in the Service of both or either House of Parliament, that shall not depart that Service upon any Summons or Command whatsoever, and recommitted to Mr. Reignolds and Mr. Solicitor, was; upon the Question, assented unto; and ordered to be sent unto the Lords, for their Concurrence herein: And Mr. Strode did carry up the same for the Lords Concurrence; and to desire it may be forthwith printed.

Ordered, That it be forthwith printed.

Money for Ireland.

Resolved, upon the Question, That the Treasurers and Receivers appointed to receive the Monies that come in upon the Acts of Subscriptions for Ireland, do forthwith pay unto Mr. Loftus, or his Assigns, Twenty thousand Pounds, out of the said Monies, to be employed for the Affairs of Ireland.

Innovations.

Mr. Prideaux reports the Bill concerning Innovations returned from the Lords with some Amendments: And

It is Resolved, upon the Question, That this House doth assent to all the Amendments, save that in the Sixteenth Line, viz. "except he be a Peer of this Realm," to be added after the Word "whatsoever."

Post Meridiem

Earl of Anandale.

THE humble Petition of James Earl of Anandale was read; and nothing done upon it.

Navy Committee.

Ordered, That the Committee for the Navy do meet this Afternoon, at the House Rising.

Distressed Persons in Ireland.

Ordered, That the humble Petition of some distressed Ladies, Gentlewomen, and others, in the City of Dublyn in Ireland; the humble Petition of Henry Jones, D. D. on the Behalf of the Ministers and inferior sort of Poor in Ireland; the Propositions concerning the Sums desired for the Poor in Ireland, and for the due Ordering of them; the Substance of the Motion for Doctor Jones, in the Behalf the Poor in Ireland; be all referred to the Consideration of the Committee for Contributions.

Information against Guyn.

The Churchwardens of Cople were called in; and did inform against Mr. Guyn, the Vicar of Cople; that receiving Two Declarations from the Parliament, and One from the King; and, upon the Backside of One of those from the Parliament, a Command, that he should not publish the King's Declaration; "But, said he, judge whether I am to obey God or Man: By God's Word I am commanded to obey the King; I find no such Command for the Parliament:" And then, scornfully, threw the Declarations from the Parliament to be published by the officious Churchwardens, as he said. They likewise informed, that he was a Man of a debauched, lewd, and contentious Disposition, and very averse to all Proceedings of Parliament; and likewise that he spoke divers opprobrious and scandalous Words of this House; and in particular of Mr. Pym.

Codrington's &c. Arrears.

Ordered, That the Names of Captain Nich. Codrington and Captain Bainton be inserted into the Order made for the Pay of divers Officers on Saturday last; and that the Arrears of their personal Entertainment, for their Service in the late Northern Expedition, appearing to be due unto them upon Sir Wm. Uvedale's Certificate, be paid unto them out of the Monies that come in upon the Bill of Four hundred thousand Pounds, in the like Manner as those Officers were ordered on Saturday to receive their Arrears.

Bringing in Arrears.

Mr. Trenchard presents some Propositions from some Gentlemen that undertake to bring in the Arrears of the Monies due to the Commonwealth, upon any of the Acts passed this Parliament.

The which were read; and put to the Question: And, upon the Question,

The House was divided.

The Yeas went forth.

Mr. Long, Tellers of the Neo, 33.
Mr. Wheeler,
Sir Jo. Evelyn, Tellers for the Yea, 50.
Mr. Wingate,

So that the Question passed with the Affirmative.

Volunteers Indemnity.

The like Order that was made for Berry, for the Indemnity of the Volunteers there, was presented for Lynne; and read: And, upon the Question,

Norfolk Militia.

Ordered, That the Militia be put in Execution in the County of Norfolk on Thursday come Sevennight: And the Members of this House, that are Deputy Lieutenants of that County, are hereby injoined to go down, to see the Militia put in Execution there; and are to be armed with the same Instructions as the County of Warwick had.

Scotch Army Pay.

Ordered, That the Committee for Adventurers do report, on Friday Morning next, whether they can furnish Fifteen thousand Pounds for a Month's Pay to the Scotts.

Earl of Anandale's Petition.

The humble Petition of James Earl of Anandale, on the Behalf of himself, and of his Tenants in the County of Donnegale, in the Kingdom of Ireland, was read; and nothing done upon it.

Reply to the King.

Mr. Pym reports from the Committee for the Defence of the Kingdom, the Reply to his Majesty's Answer to the Petition of Peace from both Houses: Which was read; and, upon the Question, assented unto; and ordered to be sent to the Lords, to desire their Concurrence herein.

County Magazines.

Mr. Nicholls reports from the same Committee, a Declaration, to pass both Houses, for Counties to preserve their Magazines, if they be endeavoured to be taken from them: Which was likewise read; and, upon the Question, assented unto; and ordered to be sent to to the Lords for their Concurrence.

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

Volunteers, &c. Indemnity.

That the Lords have commanded them to deliver unto this House this Order: which is, in Substance, An Order for Encouragement and the Indemnity of all such Volunteers, and Trained Bands, that exercise themselves, according to the Ordinance of Parliament: Which was read; and, upon the Question, assented unto.

Message to Lords.

Sir Jo. Potts carried up to the Lords the Order for Twenty thousand Pounds to be paid to Mr. Loftus; The Order for Removal of the Magazine from the Hull Ships; The Order for Counties to preserve their Magazines; And the Order for the Inhabitants in Lynn to train, &c.

Indemnity for serving Parliament.

Mr. Stroode reports, the Lords do concur with this House, in the Order for Indemnity of all those that shall not depart from the Service of this or both Houses of Parliament.

Proceedings against Gwyn.

Mr. Gwyn, the Vicar of Cople, in the County of Bedford, was called in to the Bar; and the Witnesses that testified against him: Who made good their Proof against him, of the Matters this Day informed to the House against the said Mr. Gwyn: Whereupon

It was Resolved-

Answer from Lords.

Sir Jo. Potts brings Answer, That the Lords do agree in all.-

Proceedings against Gwyn.

Resolved, upon the Question, That Mr. Gwyn, Vicar of Cople, in the County of Bedford, shall be forthwith committed a Prisoner to Newgate; and fined One hundred Pounds to his Majesty; and remain in Prison during the Pleasure of this House.

He was called in: And, kneeling at the Bar, Mr. Speaker, by the Command of the House, pronounced Sentence against him accordingly.

Answer to the King.

Mr. Waller carried up to the Lords an Answer to his Majesty's Answer to the late Petition of both Houses, presented to his Majesty by the Earl of Holland.

Person to be summoned.

Ordered, That Mr. Merriott, Vicar of Swakeliff, be forthwith summoned to appear before this House, to answer his Contempt, for using some reproachful Terms upon the Parliament, and publishing the last Declaration of his Majesty's.

Prisoner discharged.

Ordered, That Mr. Jo. Barton, Parson of Ailesbury, shall be forth discharged of any further Restraint or Imprisonment.

The House adjourns itself till To-morrow, at Four .. Clock in the Afternoon.

Arrears of Subsidies, &c.

Propositions made by those Gentlemen that will endeavour the Drawing in those Monies that are in Arrear, upon the several Bills of the first Six Subsidies, Poll Money, and Contribution; and also the Two hundred thousand Pounds, the first Payment of the Four hundred thousand Pounds.

THEY desire a Letter from the House to the Commissioners of every County, requiring them to summon all Officers and Receivers of Money to bring in their Accompts by a certain Day, of all Monies received, and due to be received, in all their several Parishes of their Hundreds and Divisions respectively, for and concerning the first Six Subsidies, the Bill of Poll Money, Contribution Money; and also of the Two hundred thousand Pounds, the First Payment of the Four hundred thousand Pounds.

Also, They desire that they, or any whom they substitute, may have Power, from the House, to peruse any Rolls and Books, or other Instruments, that rest in the Commissioners, Collectors, or other Officers Hands that may make for this Service; and give them any Cognizance of the Monies due upon the aforesaid Bills, not paid in; and that they may have the best Assistance the said Commissioners can afford in that behalf.

Further, They humbly desire, that a Committee be appointed to receive all such Weekly Returns as the aforesaid Gentlemen, or their Substitutes, make; and to invest them, or any Four of them, with Power to make Returns unto them again by Letters, Orders, or otherwise, that so this Service may receive all Expedition.

The Gentlemen desire, that One Shilling in the Pound be allowed unto them for all those Monies in Arrear that shall be brought in by them upon the Bill of the first Six Subsidies, Poll Money, and Contribution; and One Penny in the Pound for the Monies in Arrear of the Two hundred thousand Pounds, being the first Payment of the Bill of Four hundred thousand Pounds.

That, in present, there may be advanced Two hundred Pounds, for the Setting forward those Messengers they shall send into each County; which shall be by them abated out of the First Monies they receive for their Allowance, according to this Contract.

That, in Consideration hereof, they will employ, at their own Charge, so many discreet and able Men, in every County, as shall wait upon their Commissioners, in their several Divisions or Places of their Sitting; whereby they will not only inform themselves of all such particular Sums of Money as are in any Sheriffs, Collectors, Constables, Churchwardens, or Overseers Hands, which are already received, or due, to be received before the 26th of July, 1642, by virtue of any Act of Parliament, for the Use of the Commonwealth; but also quicken all Officers whom it may concern, speedily to return in the said Monies to the said Sheriffs or Officers, according to the several Acts made in that behalf; and shall gratify such as shall be active and assistant to them therein, so far as to them, in Discretion, shall seem good, to encourage them, and expedite this Service; and shall take Notice where any Defects and Obstructions are, that the Monies aforesaid are not collected, or sent in, according to the Intent and Purpose of those Acts; and shall Weekly give an Account of their Services unto the Committee thereunto appointed, that so Order may be taken, that those that are found negligent or refractory in their Duties, may, upon Information thereof given, be punished according to the Wisdom of the Parliament.

Ordered, That the poorer Sort of the Yeomanry of the Companies of the City of London be not rigorously dealt with, in the Getting in of the Arrears of the Poll Money: And that the richer Sort that have not paid in their Arrears, shall pay double for their Neglect and Default: And that likewise there be no Prosecution against such, in the several and respective Counties, as are not rated by the said Poll Bill at above Six Pence by the Poll.

Resolved, upon the Question, That this House does assent to these Propositions: And that the Committee for Accounts do take Care that they be put in Execution accordingly.

Answer to the King.

THE Lords and Commons in Parliament, having taken into their Consideration his Majesty's Answer to their humble Petition for Peace, delivered by the Earl of Holland, Sir Philip Stapilton, Sir John Holland; and the Demands which he is thereupon pretended to make concerning the present Delivery of the Town of Hull, the Magazine, the Navy, disavowing the Ordinance of the Militia, the Laying down of all Arms raised by Authority of the Two Houses of Parliament, and adjourning themselves to some other Place; do beseech his Majesty .... this their most humble and just Excuse, that they cannot for the present, with the Discharge of the Trust reposed in them for the Safety of the King and Kingdom, yield to these Demands of his Majesty. The Reason why they took into their Custody the Town of Hull, the Magazine, and Navy, passed the Ordinance of the Militia, and made Preparation of Arms, was for the security of Religion, the Safety of his Majesty's Person, of the Kingdom and Parliament; all which they did see in evident and imminent Danger; from which, when they shall be secured, and that the Forces of the Kingdom shall not be used to the Destruction thereof, they shall then be ready to withdraw the Garrison out of Hull, to deliver the Magazine, and Navy, and settle the Militia by Bill, in such a Way as shall be honourable and safe to his Majesty; as they have professed in their late Petition, most agreeable to the Duty of Parliament, and effectual for the Good of the Kingdom: And, for adjourning the Parliament, they apprehend no Reason for his Majesty to require it, no Security for themselves to consent to it: And for that Reason which his Majesty has pleased to express, they doubt not but the usual Place will be as fafe for his Royal Person, as any other; considering the full Assurance they have of the Loyalty and Fidelity of the City of London to his Majesty, and the Care which his Parliament will ever have to prevent any Danger which his Majesty may justly apprehend, besides the manifold Conveniencies to be had there beyond other Parts of the Kingdom: And as for the Laying down of Arms; when the Causes which moved them to provide for the Defence of his Majesty, the Kingdom, and Parliament, shall be taken away, they shall very willingly and chearfully forbear any further Preparations, and lay down the Forces already raised.

Volunteers Indemnity.

WHEREAS well-affected Persons within the Kingdom of England, and Dominion of Wales, may be desirous, as Volunteers, to exercise themselves in the Use of their Arms, by peaceable Training, and Marching, under the Lords Lieutenants, and Others appointed by the Ordinance of Parliament; It is thought fit, and so Ordered, by the Lords and Commons in Parliament assembled, That all such Person or Persons whatsoever, in the several Counties, Cities, Towns Corporate, and other Places, within the Kingdom of England, or Dominion of Wales, as shall desire, and willingly submit themselves, to be trained and exercised in the Use of their Arms, under the Lords Lieutenants, and others, of the several Counties and Cities of England and Wales, authorized by Ordinance of Parliament, or under such Captains appointed by them, may, from time to time hereafter, in a peaceable and orderly Way, assemble themselves in Companies, to train, and learn to exercise themselves in the Use of their Arms, and Order of Marching, at such convenient Times, and in such Places, as shall be thought fit by their Commanders or Captains appointed by the Lord Lieutenant for that Purpose, until other Order shall be herein taken by both Houses of Parliament: And that they shall be saved harmless for so doing, by the Authority of both the said Houses: And that all Mayors, Justices of Peace, Sheriffs, Bailiffs, Constables, and other his Majesty's Officers, that shall encourage and assist the said Persons in the peaceable and quiet Training and Exercising themselves, as aforesaid, shall be held by both Houses of Parliament to have done a very acceptable Service therein: And that they, and every of them, shall have the Authority of both Houses of Parliament for their Indemnity for so doing.

Nicholl's Discharge.

WHEREAS one Nicholl, the only Son of John Nicholl in the County of Devon, hath lately been taken, by Surmise, for Oneale, and imprisoned; It is Ordered, by the Lords and Commons in Parliament assembled, That the said Nicholl shall be forthwith released of his Imprisonment, upon Sight of this Order: And this shall be a sufficient Warrant in that Behalf.

Indemnity for serving Parliament.

THE Lords and Commons in Parliament, Declare, That it is against the Laws and Liberties of the Kingdom, that any of the Subjects thereof should be commanded by the King to attend him at his Pleasure, but such as are bound thereto by special Service: And if any Messengers or Officers shall, by Colour of any Command from his Majesty, or Warrant under his Majesty's Hand, arrest, take, or carry away, any of his Majesty's Subjects, to any Place whatsoever, contrary to their Wills, that it is both against the Laws of the Land, the Liberty of the Subjects; and is to the Disturbance of the publick Peace of the Kingdom: And any of his Majesty's Subjects so arrested may lawfully refuse to obey such Arrests and Commands. And it is further Declared, That whosoever is employed by both or either House of Parliament, concerning the Ordinance for the Militia; or in advancing the Propositions for Raising of Horse, Money, or Plate, according to the Instructions of both Houses; or in the furthering the Subscriptions for Ireland; or in any other Service of both or either House of Parliament; shall not depart that Service, or attend his Majesty, upon any Summons or Command, signified by Letter, Proclamation, or otherwise, except such Persons shall be compelled to such Departure, or Attendance, by Authority of Law: And in so doing, both Houses of Parliament will extend the uttermost of their Power for their Indemnity.

Preserving County Magazines, &c.

WHEREAS the Lords and Commons have received divers Informations from several Counties, That the Soldiers raised by his Majesty, and that other ill-affected Persons, under the Colour of his Commands, and in some Places countenanced by his Majesty's Presence, do endeavour, with Violence, and in a hostile Manner, to take away the Magazines of Powder and Arms out of the Possession of the Counties, whose proper Goods they are, being purchased with their own Monies; and likewise to disarm the Trained Bands of the County; to the End that the said Counties, being deprived of the Means of their own just Defence, might be exposed to the Malice and Fury of those wicked Persons that should be armed with their own Weapons; It is Declared, by the Lords and Commons, That whosoever shall endeavour to preserve the Magazines of any County, or the Arms of the Trained or Voluntary Bands, and to defend them by Force, if the same shall be attempted to be taken away, shall do according to Law and their Duty: As likewise all other Persons shall, of what County soever, being assistant to them therein. And they do further Order and Declare, That all Persons whatsoever shall use their utmost Endeavour to resist any Attempt that shall be made, for the Surprize of any such Magazine, or Arms of the Trained or Voluntary Bands: And that every Person in so doing, shall be protected, and saved harmless, by the Authority and Power of both Houses of Parliament.