House of Lords Journal Volume 5
28 July 1642

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1767-1830

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'House of Lords Journal Volume 5: 28 July 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 243-246. URL: http://www.british-history.ac.uk/report.aspx?compid=34860 Date accessed: 24 October 2014.


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Die Jovis, videlicet, 28 die Julii.

PRAYERS.

Lord Kymbolton Speaker.

Lieutenant of The Tower's Petition, about the Lord Mayor's Fees.

Upon reading the Petition of Sir Jo. Conyers, complaining, "That the Lord Mayor refuses to pay him his Fees: He demands his Fees as an Earl, and the Lord Mayor will pay but as a Knight:"

Committee to consider of them.

Ordered, That the Earl of Northumberland, Earl Holland, and Lord Viscount Say & Seale, and the Lord Wharton, shall consider of this Petition, of the Demands of the Lieutenant of The Tower, what hath been done in this Case, and report the same to this House.

A Letter from the Earl of Warwicke was read, "That he hath released the Five Holland Ships, and desires their Lordships Consideration for speedy victualing of the Fleet." (Here enter it.)

"My very good Lord,

E. of Warwick's Letter to the Speaker, that he has released the Dutch Ships, and pressing to have the Fleet victualed.

"I have discharged the Five Hollanders, according to your Lordship's Letter of the 25th of this Month, having stayed them only a Tide; for the Wind was contrary till this Morning.

"I have not any Thing to write unto you; only we expect some Order about our victualing, for the Victuals grow very short in some of the King's Ships; particularly, The Garland hath not above Seven Days Beer in her; for her late Captain, Mr. Slynsgby, was so lavish, that he gave Way to extraordinary Waste to be made, thinking thereby to gain the common Men unto him.

"I pray your Lordships to mind the House, to take it suddenly into their Consideration, how we shall be victualed; whether they will do it by the King's Victualers (who, I hear, have a Command to the contrary), or that they will be pleased to allow us Money; for my Vice Admiral, who is Treasurer of this Fleet, tells me, that he will undertake to victual so many of the King's Ships as shall stay abroad, so he may have the same Allowance as they do give the Victualers: So it be timely done, and well done, I look not which Way it be done.

I pray your Lordship speak to Mr. Greene, and the rest of that Committee, to hasten the other Five Hundred Pounds to us; for the Five Hundred Pounds which was sent is already spent, in discharging of sick Men, and some others whom we had just (fn. *) Cause to discharge, for securing of our Ships. And so, having no more to trouble your Lordship, I take Leave, and rest,

From aboard His Majesty's Ship The James, in The Downes, this 26th of July, 1642.

Your Lordships to command,

"Warwicke."

Message to the H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir Robt. Rich and Mr. Page:

To desire a Conference, touching a Letter received from the Earl of Warwicke.

Marston, for Words against the Parliament.

Next, John Marston, Clerk, was brought to the Bar, for speaking scandalous Words against the Parliament.

John Franklyn, upon Oath, said, "That, talking with Marston, about good News from Ireland, set forth by Order of Parliament; Marston said, That the Parliament set forth Flams, to cozen and cheat the Country, and to get their Money. (Tho. Bridge witnessed the same Particular.)

And, speaking of the Petition of Sir Edward Deeringe, he would stab the Heart-blood of them that should speak against it.

"And further said, That there would be Blood shed in England before Midsummer-day."

Mr. Marston was asked what he would say for himself; and he denied the speaking of any such Words.

Ordered, That John Franklyn and Tho. Bridge shall be released of their further Attendance concerning this Business.

And the House gave this Sentence upon him: videlicet,

Judgement against him.

Resolved, upon the Question,

1. That John Marston shall be deprived of all his Ecclesiastical Livings, Dignities, and Preferments.

Resolved, &c.

2. That he shall be disabled and held uncapable hereafter to hold any Place or Dignity in Church or Commonwealth.

Resolved, &c.

3. That he shall be imprisoned in the Prison of The Gatehouse, at Westminster, during the Pleasure of this House.

Resolved,

"4. That, when this House shall think fit to free him of his Imprisonment, he shall put in sufficient Surety for the good Behaviour."

The said John Marston was brought to the Bar; and the Speaker, by the Directions of this House, pronounced the said Sentence against him; and then he withdrew.

Message from the H. C. for the Lords Concurrence in the following Orders and Letter.

Then the Lord Kymbolton, Speaker, reported the Message brought from the House of Commons on Munday last:

"That the House of Commons desires their Lordships Concurrence in these Particulars following:

"1. An Order for Payment of Arrears to divers Captains and Commanders." (Here enter it.)

Agreed.

"2. A Letter to be sent to the Justices of Ireland, concerning the Earl of Desmond." (Here enter it.)

Agreed to; and that the Speaker of this House do sign it.

"3. An Order touching the Propositions for Suff." (Here enter it.)

Agreed to.

The Messengers return with this Answer:

Answer from the H. C.

That the House of Commons will give a present Meeting, as is desired.

A Message was brought from the House of Commons, by Mr. Rouse:

Message from the H. C. with Names of Deputy Lieutenants for Cornwall.

To desire their Lordships Concurrence and Approbation, that Nicholas Erises, and John Trefusis, and Nic. Trefusis, may be Deputy Lieutenants for the County of Cornwaile.

Ordered, That this House approves of these Three Persons abovenamed, to be Deputy Lieutenants for the County of Cornwaile.

The Answer returned was:

Answer.

That this House agrees as abovesaid.

The Lords went to the Conference, and the House was adjourned during Pleasure.

House resumed.

Messenger's Narrative, who was sent to attach Sir Lewis Dyves.

Randall Laurance, a Messenger, sent with an Order of Parliament to attach Sir Lewis Dyves, made a Narrative, upon Oath, of the Riot committed at Sir Lewis Dyves's House.

Delinquents sent for.

Ordered, That the Persons that are in Prison at Bedford, and all the Persons that are in Sir Lewis Dyves's House, that made Resistance, shall be brought up as Delinquents; and the Sheriff to cause the Arms and Ammunition in Sir Lewis Dyves's House to be brought up safely.

Reply to the King's Answer to be printed.

Ordered, That the Reply of both Houses to His Majesty's Answer to the Petition sent to the King shall be printed, and published in (fn. *) all the Chapels and Churches of the Kingdom.

Lord Mayor To-morrow.

Ordered, That this House will proceed against the Lord Mayor To-morrow Morning, at Nine a Clock.

A Message was sent to the House of Commons:

Message to the H. C. to acquaint them with it, and to proceed against Captains Slingsby and Wake.

To let them know, that this House hath appointed to proceed against the Lord Mayor To-morrow Morning, at Nine of the Clock; and also to let them know, that Captain Slyngesby and Captain Wake have often attended, to know their Charge; therefore, to desire the House of Commons will speedily proceed against them, or else this House is inclined to release them.

Wiseman to attend.

Ordered, That Mr. Wiseman shall attend this House To-morrow Morning.

Lieutenant of The Tower's Petition, about the Lord Mayor's Fees.

To the Right Honourable the Peers now assembled in Parliament.

The humble Petition of Sir John Conyers, Knight, Lieutenant of The Tower,

Sheweth,

That whereas the Lord Mayor of London stands committed to The Tower, by your Lordships Warrant, and refuseth to pay the Fees due to the said Lieutenant:

The humble Suit of your Petitioner is, that your Lordships will be pleased to Ordain the Lord Mayor to (fn. †) pay, for Fees at his En trance, and for Composition of Furniture for his Lodging, One Hundred and Forty Pounds, and Five and Twenty Pounds the Week for his Diet with the said Lieutenant, or, being at his own Diet, a Composition accordingly, and suitable to a Man of his Place.

And Your Petitioner shall ever pray, (fn. *) and rest,

"John Conyers."

Examinations about Mason's, alias Marston's, Words against the Parliament.

The Examination of John Francklyn, of the City of Canterbury, Draper:

Francklyn's

The Examinant faith, That, upon or about the 6th of May, 1642, this Examinant did, in the Evening, meet Mr. John Mason, Clerk, in the Yard of the Cathedral Church of Christ, Canterbury; and being there walking with (fn. *) him, and discoursing of News, this Examinant did ask the said John Mason if he heard the good News from Ireland. Mr. Mason said, What News? Whereupon the Examinant asked him if he did not hear the good News contained in a Book printed by Order of Parliament, that (fn. *) the English had given the Irish Rebels Three Overthrows. Whereunto Mr. Mason replied, Is that the News? The Parliament puts out Flams of News, to cozen Men of their Monies, and to make them pay their Monies; and, after coming to the Bar, at the dark Entry near the Dean's House, there Mr. Mason spoke these Words. Upon Discourses of Sir Edward Deering's Petition, the said John Mason said, I will stab the Heart's Blood of those that should speak against that Petition; and further said, That there would be Blood shed in England before Midsummer-day. And this Examinant conceiveth the said Mr. John Mason to be a little distempered with Drink.

"Jo. Francklyn."

Bridge's.

Thomas Bridge, of the City of Canterbury, Grocer, maketh Oath, That, upon the Third Day of May last, he saw John Marston, Clerk, Parson of the Parish Church of St. Mary Magdalen, in the City of Canterbury, talking with one John Francklyn, of the said City, Draper; and he, this Deponent, passing by them, heard the said John Francklyn tell the said John Marston, That there was good News from Ireland; and sure it was true, for that it was set out by the Parliament Order: But the said John Marston answered, That the Parliament did set out these Flams, only to cozen and cheat the Country, and to get their Money.

Jur. 24 die Junii, 1642.

"Jo. Page."

Letter to the Lords Justices in Ireland, for Relief of Ld. Desmond, in Duncannon Fort.

My Lords,

The Lords and Commons assembled in Parliament, taking into their Consideration the Lord Esmond, placed in His Majesty's strong Fort of Downcannon, having for the Defence thereof Three Foot Companies only; which Force neither answering the Merit of that Noble Lord, who is a Person of Honour, and known Fidelity to this Crown, and of great Experience in the Wars of that Kingdom, nor the Importance of the Place, that Fort commanding the Passage both to Waterford and Rosse, and therefore of high Concernment to be secured; have thought fit that your Lordships appoint a sufficient Force to be sent thither, to be under the Command of that Noble Lord; not doubting but his Lordship, by his wise Conduct and Valour, will render to His Majesty a good Account of that Trust: Your Lordships are required to use all possible Expedition herein, so far as may stand with the Conveniency of the Affairs of that Kingdom; and so we bid you heartily Farewell."

Order for Money, which appears to be due to Sir John Conyers, and others.

It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the several Sums of Money (appearing by Sir William Uvedall's Certificate, delivered into the House, to be due unto the Persons hereafter named; videlicet, unto Sir John Goniers, Knight, as Lieutenant General of the Horse, and as Colonel and Captain, Two Hundred Fifty-one Pounds, Nine Shillings; and to him more, as Governor of the dissolved Garrison in Barwicke, One Hundred Fourteen Pounds, Nine Shillings; to Captain Arthur Roberts, serving in Sir Thomas Culpepper's Regiment, Forty-two Pounds; and to Thomas Carne, Lieutenant Colonel to Sir John Merrick, Fourscore Two Pounds, Ten shillings, as the Arrears of their Personal Entertainment in the late Northern Expedition) be forthwith paid unto Sir William Uvedall, for them or their Assigns, by the Treasurers appointed to receive the Monies that come in upon the Act of Four Hundred Thousand Pounds, out of the Monies that shall be paid in out of the County of Essex, upon the said Act of Four Hundred Thousand Pounds."

Instructions for Suffolk, touching the Propositions.

Ordered, by the Lords and Commons in Parliament assembled, That Sir Wm. Chastleton, Vicecomes Comitatus, Sir Edmund Bacon, Knight and Baronet, Sir Wm. Platers, Sir Robt. Crane, Sir John Barker, Sir William Spring, Baronets; Sir John Wentworth, Sir Robert Brooke, Sir Nathaniell Barnardiston, Sir Phillip Parker, Sir Roger North, Sir John Rowse, Sir William Soame, Sir Thomas Barnardiston, Knights; William Heningham, Morris Barrow, Phillip Bedingfeild, James Hubert of Mendham, William Rivitt of Bilson, Giles Barnardiston, Nicholas Bacon, Robert Brewston, Thomas Cole of Haverill, Richard Pepis, Nathaniell Bacon, Francis Bacon, Edmond Harvey, William Cage, Gibson Lucas, William Bloys, Thomas Blosse, Thomas Perke of Cone, John Jermy, John Wingfeild, Edward Read of Cone, Theo. Vaugham, Esquires; Mr. Baker of Wrantham, Francis Bruster Junior, Henry North Senior:

For Ipswich;

The Bailiffs and Portmen of Ipswich:

For Bury St. Edmonds;

John Bright, Gentleman, Thomas Chaplin, Gentleman, Samuell Moodey, and Mr. Grove, or any Two or more of them:

Shall have Authority to assemble and call together all such Persons as they shall think fit, within the County of Suffolke, at such convenient Times and Places as they shall appoint, and shall tender unto them the Propositions of both Houses of Parliament, concerning the raising of Horse, Horsemen, and Arms, for the Defence of the King and both Houses of Parliament, and shall receive their Subscriptions, according to the said Propositions; and they, or any Two or more of them, shall have Authority to nominate and appoint such other Persons, within the said County, as they shall think fit, to assemble and call together every Person of Ability, or to repair to their several Houses or Dwellings, and take their Subscriptions, according to the said Propositions; and shall return the said Subscriptions unto such Persons as shall be appointed Receivers in the said County, who shall, from Time to Time, certify the sums, Values, or Proportions of such Subscriptions, to the Treasurers of London nominated in the said Propositions; and shall have Power to name Receivers, and to do all other Things that the Deputy Lieutenants, or any of them, are appointed or have Authority to do, by the said Propositions, Instructions, or Additions concerning the said Propositions, in as full and ample Manner as if every Particular thereof had been expressed in this Order; and the said Receivers, and other Persons appointed by them for this Service, shall have (fn. *) as full Power to execute their Directions as if they had been appointed by the Deputy Lieutenants of the said County."

I delivered the Substance of this that is following, to the Lords in Parliament:

Messenger's Narrative, who was sent to attach Sir Lewis Dyves.

Going to Sir Lewis Dives's House, I met One of his Servants, who told me his Master was within; and I met with divers others by the House, that told me that he was not within; and I desired One of them to go in, and tell Sir Lewis, that there was One that would speak with him: He went in, and came to me again, and said, his Master was not at Home. I went back again to the Sheriff and Sir Samuell Luke, and told them what I had done; and they came down to the House with the rest of the Company, and bid me send in Word, that I had a Message from the Lords in Parliament: And upon this, my Lady Dives came out, and denied Sir Lewis, and said, he was not at Home. I desired the Lady to cause the Door to be opened, that I might search the House; and she said, that some of the Company should go in. I went to another Door, where Three Men were going in, and I stept in between them; and a Man standing within the Door presented a Pistol at me, and did swear he would kill me; but, letting down the Cock, it did not Fire. I went back to Sir Samuell Luke and the Sheriff, and told them, that there was a Pistol presented at me; and they sent me away to Bedford, to raise more Men; and I did raise them, and brought them to the House of Sir Lewis, who brought away Prisoners from the House of Sir Lewis Dives, who made Resistance; but, before we came there, Sir Lewis had made Escape, by issuing out of his House, with some Men armed with Pistols and Muskets and Calivers; and the High Sheriff, and the said Sir Samuell, told me, that he said, That he was commanded by the King, and whosoever stayed him he would kill him; and that the said Sir Lewis Dives shot a Pistol at Samuell, and made a Thrust at him, and hurt him in the Arm, which I (fn. *) saw; and Sir Samuell told me he was hurt in the Thigh also; and the High Sheriff's Clerk said, that Sir Samuell did make a Thrust at Sir Lewis, and one of Sir Samuell's Men was shot in the Neck with a Bullet, and the High Sheriff's Man had his Hand cut.

"Randall Lawrence.

And it was credibly reported in Bedford, That, on Monday the 25th Day of July, Sir Lewis Dives had caused Five Hundred Bullets to be cast there; and came into the Town, and said, Now, you Roundheads, I have provided for you; which Report Sir Samuell Luke, with the Mayor and other Justices of the Peace, did further examine,

"Randolph Lawrence."

Adjourn.

Nona cras.

Footnotes

* Bis in Originali.
* Transpos. in Origin.
Deest in Originali.
* Deest in Originali.
* Origin. a.
* Origin. fee.