Die Martis, videlicet, 26 die Julii.
PRAYERS.
The Lord Kymbolton was appointed to be Speaker
this Day.
A Letter from the Earl of Warwicke was read, directed to the Speaker of this House. (Here enter it.)
E. Warwick's Letter to the Speaker, about stopping the Dutch Ships, for Restitution of ours taken by them; and the Difficulty of sending a Ship, &c. to the Relief of Duncannon Fort.
My very good Lord,
I gave you Yesterday an Account, by Packet, of
the Stay of our Convoy by Trumpe, as also that I had
stayed here Five Merchant-men of Holland, going for
The Straights, till I knew your Pleasure, which make
great Importunity to be gone about their Voyage.
This Day Captain Blith is come in, and makes this
Report I send your Lordship here inclosed; humbly
desiring your Lordships and the House of Commons
Directions, for the further staying or letting those
Merchants-men, who would all come up to your
Lordships with a Clamour against me for staying them;
therefore I humbly desire your Directions herein.
I received an Order from your Lordships this Afternoon, dated the 21st of this Month, wherein your
Lordships do command me forthwith to send a Ship
to the Mouth of the River of Waterford, for the
Guard of Duncanon Fort, together with a Pinnace
of Twenty Tons, or thereabouts; which I should be
most ready to do, but your Lordships will be pleased
to consider that I have written to your Lordships for
Victuals for our Fleet, some of them growing very
short, and most not above Two Months; and no Ship
can go for those Parts under Three or Four Months
Victuals, nor have we (fn. *) any Pinnaces of that Burthen
your Order speaks of; and if this be to be done speedily,
your Lordships and the Parliament might have been
pleased to have sent over Land to Captain Kettleby,
that commands the Fleet in Ireland, to have done it
sooner than it is possible from hence to be done with
these Winds, which, at this Season of the Year, are
all at South West, and contrary: But, if your Lordships and the House of Commons will have a Ship go
thither from hence, notwithstanding these Difficulties,
upon Signification of your Pleasure, and Victuals sent
down, it shall be done: But, for any Pinnace, your
Lordships and the House of Commons might send it
me down from London first, and I shall send it thither;
for I have none such under my Command, as my Lord
of Northumberland can inform your Lordships, who
knows all the Ships and Vessels I have with me: I
have only one Pinnace of the King's, of the Burthen
of Seventy Tuns, and carries some Ten Pieces of
Ordnance, which is always employed in the Convoys,
and no other: And so, having no more to trouble
your Lordship with at this Time, I humbly take Leave,
and rest
From aboard His Majesty's Ship The James, in The Downes, this 24th July, 1642.
Your Lordship's to command,
Warwick.
"To the Speaker of the House of Peers."
2. Was read Captain Blithe's Information, Captain of
The Mary Rose. (Here enter it.)
3. Was read a Note how all the Ships of this Fleet
under my Command are to this present employed, being
the 24th of July, 1642. (Here enter it.)
Dutch Merchant-men to be released.
Ordered, That the Speaker of this House do write
a Letter to the Earl of Warwicke, for releasing the
Holland Merchant Ships stayed by him in The Downes.
Message to the H. C. with this Letter and Papers; and that the Lords are ready to proceed against the Lord Mayor.
A Message was sent to the House of Commons, by
Sir Robt. Rich and Mr. Page:
To communicate unto them the aforesaid Letter and
Papers received from the Earl of Warwicke; and to let
them know, that their Lordships are ready to proceed
against the Lord Mayor.
The Messengers return with this Answer:
Answer.
That the House of Commons will send a Committee
of their House presently, to manage the Evidence
against the Lord Mayor.
Lord Mayor at the Bar.
The Committee of the House of Commons being
come; the Lord Mayor being brought to the Bar as a
Delinquent, Mr. Serjeant Wylde proceeded in the Evidence.
Committee of the H. C. go on with their Proceedings against him.
The Fifth Article, "for a Contempt, in not calling
a Common Council in London, according to the Order
of both Houses, for putting the Magazine that came
from Hull into convenient Places in London."
To prove this, these Witnesses were produced, and
sworn:
Sir Tho. Atkins, Alderman, "That an Order of
both Houses came to the Committee for the Militia,
to lay up the Arms and Ammunition; to that End, a
Common Council was to be called; and he and others
repaired to the Lord Mayor, and shewed him the
Order; and he said, he would acquaint the Aldermen
with it, but no Common Council was called until Ten
Days after."
Alex. Normington deposed, "That the Committee for
the Militia did send to the Lord Mayor, to call a Common Council, according to the Order of both Houses;
and he said, he would acquaint his Brethren the Aldermen therewith; but a Common Council was not
called until Eight or Ten Days after."
Russell deposed to the same Effect.
2 Art. 2 Charge.
Next he proceeded to the Proofs, "That the Lord
Mayor had his Hand in contriving a Counter Petition
against the Ordinance of Parliament, and procured
Hands to it."
Witnesses to prove this were these:
Henry Davison said, "That he received, on a Friday
Night, a Paper from the Lord Mayor, who bid him
to carry it to the Recorder, which he did accordingly,
who liked it well. And afterward he did to Mr.
Benyon and Mr. Gardner."
The Petition was read; and he confessed, he believes
the Petition delivered to Mr. Benyon and Mr. Gardiner
was to this Effect:
That he was entreated by some Gentlemen to write
some Names that were to be sent for, to subscribe the
Petition; but he cannot remember who gave him the
Directions, and cannot remember he delivered that
Note to Fetherby."
Ricd. Fetherby said, "He had that Note of Names delivered to him by one Nevill, but knows not the
Names, nor the Business. Mr. Benyon was there when
he received the Note."
Robert Mychell said, "He knows nothing of the Petition which was to be presented to His Majesty:
That there was Directions given to Mr. Wiseman, for
the drawing of a Petition to both Houses; no Directions from the Lord Mayor, but by the Court of
Aldermen.
When Captain Ven moved for the settling of the
Militia in the Common Council, he conceived that
the Lord Mayor did decline it."
The Evidence being given, Mr. Serjeant Wylde
(fn. *) made
a summary Recollection of the Proofs; and observed
the several Actions of the Lord Mayor, according as
they were in Time:
1. The Counter Petition against the Ordinance of
the Militia, which was made by both Houses upon
such great Consideration and just Occasions, merely
for the Safety of the King and the Kingdom, and in
particular having an Eye of the Safety of the City of
London; but nothing done without a Committee of
theirs, which they should consent to, and did consent
to.
This Ordinance was offered to the Lord Mayor;
and he refused it, because it was his Design to make
a Division in the City.
The sending of this Petition to divers to subscribe,
shewed he did do it with a malicious Intent.
2. Part of the Charge, concerning the Prentices
Petition, to be delivered to both Houses of Parliament;
which, by indirect Means, was got into the Lord
Mayor's Hands, who kept it from them, and gave them
ill Language, and imprisoned them.
3. Part, was the Matter of the Riot.
4. Part, the not calling a Common Council, according to the Order of both Houses.
5. Part, the proclaiming the Proclamation for the
Commission of Array.
"The Resolutions of both Houses, 28th June,
concerning Illegality, were printed and published."
This being ended, both Sides were commanded to
withdraw.
Lord Mayor to be heard on Thursday.
Ordered, This House will proceed to hear the Lord
Mayor's Counsel on Thursday Morning next.
A Message was brought from the House of Commons,
by Sir Robert Harley, Knight [ (fn. †) of the] Bath:
Because it was now late, this House appointed this
Report to be made in the Afternoon, at Three a
Clock.
The Answer returned was:
That this House will send an Answer, by Messengers
of their own.
Post meridiem.
Prayers.
The Lord Kymbolton was appointed Speaker this
Afternoon.
Message from the H.C. with an Order of Indemnity.
A Message was brought from the House of Commons, by Mr. Stroude:
To desire their Lordships to concur with them in an
Order of Indemnity.
Agreed to.
Ordered, That this Order be printed and published.
Mr. Nichols (suspected to be O Neale) to be released.
Whereas one Mr. Nicholls is taken and imprisoned in
Cornewaile, upon a Suspicion that he was Mr. O Neale,
but it appears for certain that he is the only Son of one
Mr. John Nicholls; the House of Commons desires that
their Lordships would join with them, that he may be
released, and set at Liberty.
Ordered accordingly.
Escott, for Words against the Parliament.
The Witnesses in John Escott's Cause were called in;
and, upon Oath,
Henry Willis said, "He heard Jo. Escott say, he hath
not known a Parliament proceed so basely as this Parliament did; and averred what he had deposed in his
Affidavit."
Nettle said, "He heard Mr. Escott say, this was the
basest Parliament that ever was; and they were a Company of Roundheads."
Judgement against him.
They withdrew; and the House, taking these Words
into Consideration, (fn. *) gave this Judgement against him:
1. That John Escott shall pay to the King One
Hundred Pounds Fine.
2. That he shall stand upon the Pillory in Cheapeside, and The New Palace at Westminster, with a Paper
on his Head, declaring his Offence.
3. That he shall pay Ten Pounds to Nettle,
for his Charges.
4. That he shall be imprisoned in Newgate, during
the Pleasure of this House.
5. That he shall find sufficient Sureties for the
good Behaviour, when this House shall think fit to
release him; and that he shall stand publicly, with
a Paper on his Head, expressing his Offence, at the
next Quarter Sessions to be holden for the County of
Cornewaile after his Releasement."
The said Jo. Escott was brought in as a Delinquent;
and, having kneeled until the Speaker bid him stand
up, the Speaker, by the Directions of the House, Pronounced the said Sentence against him.
General Order for Indemnity for Voluntiers sent to the H.C.
A General Order for Indemnity of those Persons
that have or shall exercise and train themselves as Voluntiers, was read, and approved of by this House;
and Ordered, To be sent down to the House of Commons, by Sir Robt. Rich and Mr. Page, to desire the
Concurrence of the House of Commons therein.
Lord Brook indicted at Warwick, for executing the Militia, and opposing the Commission of Array.
A Relation was read, sent out of Warwicke, concerning some Passages of the Lord Brooke, in executing
the Militia, and opposing the Commission of Array.
And the Indictment of the Lord Brooke, at the Assizes,
was read.
Leigh sent for, as a Delinquent.
The House taking this as a great Breach of the Privilege of Parliament, Ordered, That Robert Leigh,
chief Actor in this Business, shall be sent for, as a Delinquent.
Message from the H.C. for the Lords Concurrence in the following Orders.
A Message was brought from the House of Commons,
by Sir John Potts, Baronet; who desired their Lordships
Concurrence in Four Orders: videlicet,
1. An Order to pay Twenty Thousand Pounds to
Mr. Loftus, for the Affairs of Ireland. (Here enter it.)
Agreed to.
2. An Order for Indemnity of the Inhabitants of Lynn,
for training as Voluntiers. (Here enter it.)
Agreed to.
3. An Order to pay Solomon Smith his Charges, for
the keeping of the Magazine that came from Hull.
(Here enter it.)
Agreed to.
4. An Order to secure the Magazines of every County. (Here enter it.)
Agreed to.
The Answer returned was:
Answer.
That this House agrees to all the Orders now brought
up from the House of Commons.
Bp. of Ely to appear before the House.
Upon Information given to this House, "That the
Bishop of Ely is gone down into the Isle of Ely, and
hath Powder brought to him there, which is a Place
of Strength, and of great Importance:" It is Ordered,
That the said Bishop of Ely shall be summoned to appear before this House, according to the Condition of
his Recognizance.
Message from the H. C. with a Reply to the King's Answer to the Petition of both Houses.
A Message was brought from the House of Commons, by Mr. Waller; who brought up an Answer to
the King's Answer to the last Petition of both Houses
to the King, wherein they desire their Lordships Concurrence.
The said Answer was read, in bæc verba:
(Here enter it.)
Ordered, That this House agrees with the House of
Commons in this Answer to be sent to His Majesty, as
it comes up from the House of Commons.
The Answer given to the Messengers was:
Answer.
That this House will send an Answer, by Messengers
of their own.
Order concerning Lord Thomond.
An Order brought (fn. *) from the House of Commons,
concerning the Earl of Thumond, was read. (Here enter it.)
Agreed to.
The Reply to the King's Answer to be sent to the King.
Ordered, That the Speaker of this House do write
a Letter to the Lord Viscount Faulkland, to desire him
to present this Answer to the King, from both Houses.
An Order was read, to be published at the Assizes at
Hereford. (Here enter it.)
Agreed to.
An. Order for the Judge of Assize to see who will avow the Herefordshire Declaration.
The Lords and Commons now in Parliament assembled, having received Information of a printed
Paper, intituled, A Declaration, or Resolution, of the
County of Hereford; and observing how full it is of
Sedition, and how scandalous to the just Proceedings
of both Houses of Parliament, but not finding any
Person to avow it; have Ordered, That the said Declaration be forthwith sent to Sir Edward Henden,
Knight, One of the Barons of the Exchequer, and
One of His Majesty's Justices of Assize for that
County; and that, at the next Assizes there, he cause
the said Declaration to be read, in open Court, to the
Justices of Peace and Grand Jury; and that he require particularly of them a direct and positive Answer, whether any of them will avow the said Declaration and Resolution; and, if any shall, that then he
forthwith certify their Names that so avow the same,
to the Lords and Commons in Parliament; and further, that he endeavour to inform himself what Public Proceedings were at the last General Sessions of the
Peace for that County, concerning the said Declaration, and certify the same likewise to the Lords and
Commons in Parliament."
A Declaration, to preserve the Magazine of any County by Force, if attempted to be taken away.
"Whereas the Lords and Commons have received
divers Informations, from several Counties, that the
Soldiers raised by His Majesty, and that other illaffected Persons, under the Colour of His Command,
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 Magazines 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."
The Reply to the King's Answer to the Petition of both Houses.
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 Phillip Stapilton, and Sir John Holland, and the Demands which He is thereupon pleased
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 to accept 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 those
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 for His Majesty, most agreeable to the
Duty of Parliament, and effectual for the Good of the
Kingdom, as they have professed in their late Petition:
And for adjourning the Parliament, they apprehend
no Reason for His Majesty to require it, nor Security
for themselves to consent to it; and as for that Reason which His Majesty is pleased to express, they
doubt not but the usual Place will be as safe 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 their Forces already raised."
Order for 20,000l. to be paid to Mr. Loftus, for the Affairs of Ireland.
"It is this Day Ordered, by the Lords and Commons in Parliament, That the Treasurers and Receivers, appointed to receive the Monies that come in
upon the Act 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."
Order for Indemnity for Voluntiers of King's Lynne.
"Whereas divers well-affected Persons of the Town
of King's Lynn, in the County of Norff, have, of
themselves, as Voluntiers, under the Command of
Captain Thomas Slaney, and Captain Seath Atkin, of
the said Town, exercised themselves in the Use of
their Arms, by peaceable training and marching in the
said Town, and Fields thereunto adjoining, the better
to enable and prepare themselves for the Service and
Defence of His Majesty and this Kingdom, when
they shall be lawfully called thereunto: Therefore
the Lords and Commons, taking the same into Consideration, do Order, That the said Persons shall have
the Authority of both Houses of Parliament, for their
Security and Indemnity for their said training and
exercising already past; and do further Order, That
all such Inhabitants of the said Town, and Liberties
thereof, as shall desire and willingly submit to be
trained and exercised in the Use of their Arms, may,
from Time to Time hereafter, in a peaceable and
orderly Way, under the Leading of the said Thomas
Slaney and Seath Atkin, or either of them, assemble
themselves in Compaines, to train, and learn, and
exercise themselves in the Use of their Arms, and
Order of Marching, at such convenient Times, and
in such Places in the said Town and Liberties thereof,
as by them shall be thought fit for that Purpose, until other Order shall be therein taken by both Houses
of Parliament; and that they shall be saved harmless
for so doing, by the Authority of both Houses of
Parliament; and that the Mayor, Justices of the
Peace, Aldermen, Common Council, and other chief
Inhabitants of the said Town, and all others that shall
encourage and assist the said Persons in their training
and exercising as aforesaid, shall be held by both
Houses of Parliament to do a very acceptable Service
therein, and shall have the Authority of both Houses
of Parliament for their Indemnity in so doing; and
the Mayor, Justices of the Peace, Aldermen, and
Common Council, and other chief Inhabitants, and
all others of the said Town, are hereby required to
take special Care for the safe guarding of the said
Town, and preserving the Magazine therein; and
the said Voluntiers to be aiding and assisting to them
therein, upon all Occasions."
Smith, Admiralty Marshal, freed from his Charge of the Magazine that came from Hull.
"Whereas Soloman Smith, Marshal of the Court of
Admiralty, hath, upon the Command of the Earl
of Northumberland, late Lord High Admiral of England, by Warrant under his Lordship's Hand and
Seal, taken Care of the safe keeping the Magazine
conveyed from Hull, whilst it remained on Shipboard,
and employed Persons at his own Charge for the safe
keeping of the same, which said Magazine hath been
lately disposed of, by Order of both Houses of Parliament, but he not discharged of the Trust so imposed upon him as aforesaid, nor satisfied for those
Monies which he hath really disbursed to several
Persons, to keep the said Magazine in Safety: It
is therefore thought fit, and so Ordered, by the
Lords and Commons in Parliament assembled, That
the said Soloman Smith shall be hereby freed and discharged of and from his said Charge, concerning the
said Magazine; and that the Committee of both
Houses for the Defence of the Kingdom shall consider of his Service and Disbursements in this Particular, and take Order for his Satisfaction and Recompence for the said Service."
Lieutenant of Ireland to grant his Commissions to the Earl of Thomond, for Horse and Foot.
"It is this Day Ordered, by the Lords and Commons in Parliament, That the Lieutenant of Ireland
be desired to grant his Commissions to the Earl of
Thomond, for a Troop of Horse and a Company of
Foot, raised by the said Earl, and received into Pay
from the First of July."
Post meridiem.
PRAYERS.
Lord Kymbolton Speaker.
Adjourn.
Adjourn till To-morrow Morning,
at Nine a Clock.