House of Lords Journal Volume 5
7 October 1642

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1767-1830

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'House of Lords Journal Volume 5: 7 October 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 389-392. URL: http://www.british-history.ac.uk/report.aspx?compid=34919 Date accessed: 24 November 2014.


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Contents

DIE Veneris, videlicet, 7 die Octobris.
Betton not to be discharged. Message from the H. C. for the Lord Lieutenant of Ireland to bring in his Instructions from the King. To bring them in: And for the Lords to concur in the following Orders. Answer to the H. C. Paving Old Palace Yard. Lady Villiers's Order for staying a Building that incommoded her House. Message from the H. C. about the L. General's delivering a Petition from both Houses to the King. Answer. Wall versus the Abp. of Cant. and Mr. Meggs, about the Church of Newington Butts. Conference about the L. General's delivering the Petition from both Houses to the King reported. Message to the H. C. to fit P. M. Order for Allowance to the Servants attending the Commissioners for Ireland. Order for seizing Horses and Arms of ill-affected Persons in Northamptonshire. Order for bringing over the Earl of Antrim. Order for taking Subscriptions upon the Propositions, in London and Westminster. Order to pay Regiments of Foot and Horse in Ulster. Order for Ammunition for Ireland. Adjourn. Post meridiem. Printer of Joyful and Welcome News from Shrewsbury to be discovered. Mr. Gage Leave to travel. Message from H. C. to impeach Mr. Brocas, for suffering Captain Legg to escape from the Gatehouse. Brocas at the Bar. Committed to The Poultry. Answer to the H. C. Ten Thousand Pounds to be sent into Munster; and Cloathing. Message from the H. C. that they concur in the Amendment about the Lord General's delivering the Petition to the King; with Instructions to be sent to Mr. Strickland in Holland; and with an Order for Ammunition for Ireland. Answer to the H. C. Committee of Safety to administer Oaths. Adjourn. Footnotes

DIE Veneris, videlicet, 7 die Octobris.

PRAYERS.

The Lord Grey was appointed to be Speaker this Day.

Betton not to be discharged.

Ordered, That Betton shall not be discharged until the Lord Chief Justice's Certificate be read.

Message from the H. C. for the Lord Lieutenant of Ireland to bring in his Instructions from the King.

A Message was brought from the House of Commons, by Sir Wm. Armin; which consisted of many Particulars:

1. To desire their Lordships to join with them, to enjoin the Lord Lieutenant of Ireland to bring in his Instructions, which he hath from the King, concerning the Affairs of Ireland, that they may be perused; for, until (fn. *) then, they cannot Resolve when he shall go over.

To bring them in:

Ordered, That the Earl of Leycester, Lord Lieutenant of Ireland, be required to bring in his Instructions, which he hath from the King, concerning Ireland, into this House, that so they may be communicated to both Houses of Parliament, to whom He hath committed the managing of the Affairs of Ireland.

And for the Lords to concur in the following Orders.

2. To desire Concurrence in this Vote, "That Captain Davison, and the rest of the Officers named in the Petition, shall be paid all that is due unto them; and the Adventurers of London are entreated to see it done, and that these Officers are cashiered."

Agreed to.

3. To desire Concurrence, that Edward Apsley, Herb't Springett, Jo. Busbridge, Henry Pecke, Edward Higgins, and Jo. Farrington, Esquires, shall be added to the Names of the Persons mentioned in the Instructions for Sussex.

Agreed to.

4. An Order to Captain Ashley, to bring over the Earl of Antrim out of Ireland. (Here enter it.)

Agreed to.

5. An Order for giving Allowance to Mr. Wm. Hawkins, Rob't Hawkins, and Ric'd Willis, who are appointed to attend His Majesty's Commission for the Affairs of Ireland, etc. (Here enter it.)

Agreed to.

6. An Order concerning Subscriptions of Money and Plate, for the Defence of the Kingdom. (Here enter it.)

Agreed to.

7. An Order to pay Eleven Thousand One Hundred and Nine Pounds, and Two Thousand Seven Hundred Forty-two Pounds, Eight Shillings, and Four Pence, to Eight Regiments of Foot, and Nine Troops of Horse, of the Forces of Ulster. (Here enter it.)

Agreed to.

8. An Order to send to Ireland, by Mr. Penyoer's Procurement, Six Hundred Barrels of Gunpowder, and Forty Tuns of Match, for Ireland. (Here enter it.)

Agreed to.

9. Concerning bringing in Horse at Northampton. (Here enter it.)

Agreed to.

10. To desire Concurrence in a Vote passed the House of Commons,

"That Oliver Pledall, Gentleman, in Respect of his former Service, be recommended by this House to the Lieutenant of Ireland, to have the Lieutenant's Place of the Troop of Horse, under the Command of Captain St. John, in Ireland."

Agreed to.

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons in all these Particulars now brought up.

Paving Old Palace Yard.

Ordered, That Inigo Jones, the King's Surveyor, shall attend this House To-morrow Morning; and then this House will give him Directions for the Paving of The Old Palace near this House.

Lady Villiers's Order for staying a Building that incommoded her House.

Upon reading the Petition of the Lady Villiers, complaining of "a Building near her House, in The Dean's Yard, in Westm. which will be very prejudicial and inconvenient to her House:" It is Ordered, That the said Building shall be stayed, and no further Proceedings therein, until the Pleasure of this House be further known, who will receive further Information hereof.

Message from the H. C. about the L. General's delivering a Petition from both Houses to the King.

A Message was brought from the House of Commons, by the Lord Grey of Ruthin:

To desire a present Free Conference, concerning the Alteration of the Third Vote, concerning the Lord General's delivering of the Petition of both Houses to the King.

The Answer returned was:

Answer.

That this House will give a present Free Conference, as is desired, in the Painted Chamber.

Wall versus the Abp. of Cant. and Mr. Meggs, about the Church of Newington Butts.

Upon reading the Petition of George Wall, Clerk; sheweth, "That the Archbishop of Cant. hath collated one Mr. Meggs to the Patronage of the Church of Newington Butts, in the County of Surrey, belonging of Right to the See of Worcester; whereupon a Quare Impedit was brought, and referred formerly by this House to a Trial at the Common Law: Thereupon a Quare Impedit, in the Court of Common Pleas, was brought against the said Archbishop of Cant. whereunto the said Defendants have appeared."

Ordered, That the Archbishop of Cant. and Meggs shall shew Cause to this House, why they should not accept of a Declaration from the said Wall, according to the Desire of the Petition.

The House of Commons being come, in the Painted Chamber; then this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Conference about the L. General's delivering the Petition from both Houses to the King reported.

And the Lord Grey, Speaker, reported, "That the House of Commons say, They cannot agree to the Alteration of the Third Vote, concerning the Delivery of the Petition of both Houses to the King, because they conceive the Instructions and Vote were clear enough.

"And they think that the Word ["appoint"] excludes the Lord General's Delivery of it, and includes in within the King's Declaration; and therefore adhere to the former Vote."

The House, taking these Reasons into Consideration, conceived it a Matter of great Concernment to the Peace and Good of the Kingdom, that the Petition should (fn. *) be speedily delivered to His Majesty; therefore desired that the Vote might go as clear as (fn. *) it may; and being of Opinion that some Exceptions and Doubts may arise concerning it as it is now, they Resolved, To propose this Alteration to the House of Commons: videlicet,

"That the Lord General, by himself or such Hands as he shall think fit, shall, with all convenient Speed, deliver the Petition unto His Majesty."

The House was adjourned during Pleasure, and the Lords went to the House of Commons, in the Painted Chamber, and communicated this Alteration to them.

The Lords returning, the House was resumed.

Ordered, That this House shall sit at Three of the Clock this Afternoon, to receive an Answer concerning this.

Message to the H. C. to fit P. M.

A Message was sent to the House of Commons, by Dr. Aylett and Doctor Heath:

To let the House of Commons know, that this House intends to sit this Afternoon, at Three a Clock, to receive an Answer concerning Alteration of the Third Vote, concerning the Delivery of the Petition to the King.

Order for Allowance to the Servants attending the Commissioners for Ireland.

"Whereas, upon the humble Desire of Wm. Hawkins, Rob't Chambers, and Ric'd Willis, Servants appointed to attend His Majesty's Commissioners for the Affairs of Ireland, That Allowance might be made unto them, for their constant Attendance upon that Commission, from the 6th Day of April, 1642, till the 16th of Septemb. next following inclusively, being One Hundred and Sixty-three Days; the Lords and others his Majesty's Commissioners for the Affairs of Ireland thought fit, that these (fn. *) several and respective Allowances should be made unto them; videlicet, to the said Wm. Hawkins, for his Labour and Attendance as Secretary, for the Number of Days aforesaid, Eight Shillings per Diem, Sixty-five Pounds, Four Shillings; unto the said Rob't Chambers, for his Labour and Attendance as Auditor, for the like Number of Days, Eight Shillings per Diem, Sixty-five Pounds, Four Shillings; and to the said Ric'd Willis, for his Attendance, by himself and his Servants, the same Number of Days, at the Rate of Five Shillings per Diem, Forty Pounds, Fifteen Shillings; which Allowances were accordingly approved of by the House of Commons, and by them referred to the Committee of Adventurers, to consider how and from whence the said Monies should be paid; who, taking the same into their Consideration, have declared their Opinion to be, That the said Allowances shall be paid out of the Adventurersmoney, by the Treasurers appointed for the receiving and issuing out thereof: It is therefore Ordained, by the Lords and Commons assembled in Parliament, That the several Sums and Allowances before mentioned shall be forthwith paid to the said Wm. Hawkins, Rob't Chambers, and Ric'd Willis, accordingly, upon their several Acquittances; and that the said Treasurers shall be allowed the same upon their Accompts."

Order for seizing Horses and Arms of ill-affected Persons in Northamptonshire.

"Whereas divers Persons, not well-affected to the Peace of this Kingdom, having been summoned, by Warrant from the Deputy Lieutenants of the County of North'ton, to send in Horse, Arms, and Men, to be trained and exercised at certain Times and Places by the said Warrants appointed, for the Safety and Defence of the said County, in these Times of imminent Danger; yet the said ill-affected Persons have refused to obey the said Warrants, and to send in their Horse, Arms, and Men, for the Purposes aforesaid; but reserve the same (as may be justly suspected) in Readiness, rather for the Disturbance than Preservation of the Peace of the said County: For preventing of which Mischief, the Lords and Commons in Parliament do hereby authorize the Committees appointed by both Houses of Par liament for the Safety of that County, to seize the Arms and Horses for Service of the belonging to those Persons, and to put them into such Hands as they shall think fit, and likewise to apprehend and secure the Persons of such as are, or shall be justly suspected to be, dangerous to the Peace of the said County."

Order for bringing over the Earl of Antrim.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That Captain Ashley, Captain in the Ship Employment, shall carry over the Committees appointed by both Houses now bound for Ireland; and, having landed the Committees at Dublin, is forthwith to repair to Carrickfergus, to take in the Person of the Earl of Antrym, as Prisoner, and to bring him to London: And it is further Ordered, That the Lord General of the Scotts Forces in Ulster be desired, from both Houses, to deliver into the Hands and Custody of the said Captain Ashley, Captain of The Employment, the Person of the Earl of Antrim, now a Prisoner (fn. *) at Carrickfergus, to be by him brought in safe Custody to London, and delivered up to the Parliament: It is further Ordered, That the said Captain Ashley do take over and convey in the said Ship the Twenty Thousand Pounds now ready at Bristoll."

Order for taking Subscriptions upon the Propositions, in London and Westminster.

"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That those Persons that are appointed by the Parliament to take the Subscriptions of such of the Inhabitants within the City of London and the Suburbs thereof, and the Parishes adjacent, and within the City and Liberties of Westm. as will contribute in Plate or Money, upon the Propositions for the Defence of King and Parliament and Kingdom, shall have Power, and are hereby authorized, in their several Limits, to receive such Money or Plate as shall be contributed upon the said Propositions; and such Person or Persons that shall receive any such Plate or Money shall give a Note, under his or their Hands, unto the Party that shall give or lend (if he requires the same), of the Receipt thereof, declaring the Sum and Proportion of Money or Plate that shall be so given or lent; and the Persons so appointed to take the said Subscriptions shall, within their several Parishes or Divisions, have Power to name One of themselves, unto whom all such Money and Plate that shall be collected by the rest shall be paid, who shall pay over the same to the Treasurers for Money and Plate formerly appointed, in The Guildhall, London, who shall thereupon give Receipt, in Manner and Form formerly used, unto the several Persons that shall so give or lend; which Receipts are respectively to be delivered to the Parties unto whom the same shall belong, if they shall call for the same."

Order to pay Regiments of Foot and Horse in Ulster.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Treasurers for the Adventurers-money for Ireland do forthwith pay, out of the said Monies, unto the Treasurer at Wars for Ireland, his Deputy or Assigns, the several Sums of Eleven Thousand One Hundred Nine Pounds, and Two Thousand Seven Hundred Forty-two Pounds, Eight Shillings, and Four Pence, to the Eight Regiments of Foot, and Nine Troops of Horse, of the Forces of Ulster, last taken into Pay, together with Two Hundred Ninety Pounds, for the Chirurgeons Chests, amounting in all to Fourteen Thousand One Hundred Forty-one Pounds, Eight Shillings, and Four Pence, mentioned in an Order of the 16th of September last, presented in a Report from the Commissioners for the Affairs of Ireland, to be by the said Treasurer at Wars for Ireland, his Deputy or Assigns, forthwith paid unto Sir James Montgomery, Mr. Hill, and Mr. Audley Mervin, by them to be distributed to the rest of the Commanders of the aforesaid Regiments and Troops, or to their Agents here, according to the aforesaid Order of the 16th of September, being a Month's Pay for the said Regiments and Troops; and that an Acquittance, or Acquittances, under the Hand of the Treasurer at Wars for Ireland, or his Assigns, shall be a sufficient Discharge to the Treasurers for the Adventurers-money for Ireland, for so much as they shall pay by virtue of this Order."

Order for Ammunition for Ireland.

"Whereas Mr. William Pennoyer, of London, Merchant, hath undertaken to provide, and send away forthwith to Bristoll, for the Service of Ireland, Six Hundred Barrels of good serviceable Gunpowder, and Forty Tun of good Match: It is therefore this Day Ordered, by the Lords and Commons in Parliament, That the Receivers of the Adventurers-money for Ireland shall forthwith pay the said William Pennoyer, out of the Money of the said Adventurers, so much Money as the said William Pennoyer shall make appear to the Committee chosen in London, for the Adventurers of Ireland, to have really disbursed for the same, with the Approbation of the Committee of Adventurers of the House of Commons, together with such Allowance, for his Pains in buying and sending away the said Gunpowder and Match, as the said Committee shall think reasonable: And whereas divers Suits were heretofore prepared, to be sent to the Soldiers in Ireland, Part whereof have been made Use of, it is therefore likewise Ordered, That the said Committee shall take Care to make up the Remainder of the said Suits Two Thousand Five Hundred Suits complete, and to send them to Dublin with all possible Speed; and that the said Receivers shall likewise pay to the said Committee so much Money as that Committee shall really disburse, for the compleating of the said Suits as aforesaid: And it is lastly Ordered, That the said Committee shall take Care to provide, and send away to Bristoll, a proportionable Quantity of Great Shot of all Sorts, and shall likewise provide at Bristoll a proportionable Quantity of Musket, Carbine, and Pistol-bullets, all which Great and Small Shot shall be sent unto such Places in Ireland, and in such Proportions, as the Committee of Adventurers shall direct; and the said Receivers shall also pay unto the said Committee so much Money as the said Committee shall make appear to the Committee of Adventurers to have been really disbursed for the said Great and Small Shot."

Adjourn.

Adjourn to 4a post meridiem.

Post meridiem.

PRAYERS.

The Lord Grey of Warke was appointed Speaker this Afternoon.

Printer of Joyful and Welcome News from Shrewsbury to be discovered.

Ordered, That the Master and Wardens of the Company of the Stationers shall enquire who was the Printer of a Book, intituled, Joyful and Welcome News from Shrewsbury; and acquaint this House therewith.

Mr. Gage Leave to travel.

Ordered, That Mr. Gage, a Gentleman of Sussex, shall have Leave to travel into France.

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

Message from H. C. to impeach Mr. Brocas, for suffering Captain Legg to escape from the Gatehouse.

"That whereas one Captain Wm. Legg was committed, by the Committee for Safety of the Kingdom, to The Gatehouse at Westm. there to remain close Prisoner, being committed for levying War against the King, which is High Treason by the Law; and being committed to the safe Custody of one John Broccas, he, the said John Broccas, hath permitted the said Captain Wm. Legg to escape: For which he was commanded, by the House of Commons, to accuse, and did now, in the Name of the House of Commons, (fn. *) and of all the Commons of England, impeach the said John Broccas of High Treason: And he being now at the Door, the House of Commons desire their Lordships would please to call him in, and that he may presently (fn. *) answer to the said Impeachment."

Brocas at the Bar.

The Messengers of the House of Commons being withdrawn, John Broccas was brought to the Bar, by the Gentleman of the Black Rod; and he kneeling, the Speaker told him, "That the House of Commons had impeached him of High Treason, for permitting Captain Wm. Legg. to escape out of His Custody, being committed close Prisoner for High Treason; and told him, that this House commanded him to give his present Answer to this Impeachment."

To which Impeachment of High Treason, the said John Broccas pleaded, Not Guilty.

Committed to The Poultry.

Then he withdrew, and this House Ordered, That the said John Broccas shall stand committed close Prisoner to The Poultry Compter, in London, there to remain until the further Pleasure of this House be known; and that the Sheriff of London, who hath the Charge of that Compter, shall, upon his Peril, have a special Care for his safe Custody and his true Imprisonment, being impeached by the House of Commons for High Treason.

The Answer returned by these Messengers was:

Answer to the H. C.

That this House told John Broccas his Impeachment of High Treason, to which he pleads Not Guilty; and that this House hath committed him close Prisoner to The Poultry Compter, in London; and have given Order, That the Sheriff of London shall take Care for his safe Custody.

Ten Thousand Pounds to be sent into Munster;

Ordered, That this House agrees with the House of Commons, in sending Ten Thousand Pounds with all convenient Expedition into Munster for the Relief of the Soldiers in that Province, out of the Adventurers-money.

and Cloathing.

Also this House agrees to send Three Thousand Suits, Three Thousand Caps, Four Thousand Pair of Shoes, Three Thousand Pair of Stockings, and Three Thousand Shirts, to furnish the Soldiers of Munster withall; all which to be deducted out of their Pay.

As for the other Particulars in the same Order, brought up from the House of Commons the 5th of September last, concerning the sending out of Ulster into Munster a Troop of Horse, and One Thousand commanded Men, with Officers, out of such Regiments as are under the Command in Pay with the Lord Conway; and also concerning of One Thousand Men out of Lempster into Munster, this House will take into further Consideration hereafter.

Ordered, That a Message be sent to the House of Commons To-morrow, to let them know how far this House agrees with them in this Order.

Message from the H. C. that they concur in the Amendment about the Lord General's delivering the Petition to the King;

A Message was brought from the House of Commons, by Sir Tho. Barrington, Knight and Baronet; which consisted of divers Particulars:

1. To let their Lordships know, that the House of Commons concurs with their Lordships, in the Alteration of the Third Vote concerning the Lord General's delivering the Petition to His Majesty, as it was delivered at the Conference this Day.

with Instructions to be sent to Mr. Strickland in Holland;

2. The House of Commons desires their Lordships Concurrence in some Instructions, which are to be sent into Holland, to Mr. Strickland: videlicet,

"Resolved, upon the Question,

"That Mr. Walter Strickland shall continue Agent for the Parliament, with The States General of the United Provinces; and shall be authorized to complain of such Things as he shall find to tend to the Prejudice of the Parliament, either to The States General, or to the particular States of the particular Provinces, after that he hath received an Answer to the Declaration; and that he shall send the said Answer by an express Messenger.

"Resolved, &c.

"That it shall be left to Mr. Walter Strickland, to publish the Declaration, as in his Discretion he shall think it most advantageous to the Service.

"Resolved, &c.

"That, as soon as this House is informed what Commanders or Officers are come over hither out of Holland, to serve against the Parliament, they will send a List of their Names to Mr. Walter Strickland."

Ordered, That this House agrees with the House of Commons in these Votes.

The House of Commons desires their Lordships Concurrence in an Order: videlicet,

and with an Order for Ammunition for Ireland.

"Whereas Mr. Wm Pennoyer, Merchant, is employed by the State, for the sending away to Bristoll Six Hundred Barrels of Gunpowder, Forty Tun of Match, and other Necessaries, for the present Relief of the miserable Condition of Ireland, with all possible Speed: It is therefore Ordered, by the Lords and Commons, That the said Wm. Pennoyer shall take up and employ, for this present and important Service, all such Bristoll and Western Waggons, Carts, and Carriages, as now are or shall be in Town within these Five Days, he paying the usual Rates for the same; and all the Owners, and others intrusted with the Waggons, Carts, and Carriages, are hereby required to yield Obedience hereunto, as they will answer the contrary: And it is likewise Ordered, That the said Waggons, Carts, and Carriages, so employed by the said Wm. Pennoyer for this Service, shall not be searched or stayed by any Person whatsoever: And it is lastly Ordered, That Three Hundred Barrels of Powder, Part of the Six Hundred Barrels, shall be forthwith delivered to the said Wm. Pennoyer out of the Stores of the City of London, he paying after the Rate of Four Pounds Fifteen Shillings the Barrel for the same."

Ordered, That this House agrees with the House of Commons in this Order.

The Answer returned by these Messengers, was:

Answer to the H. C.

That this House agrees with the House of Commons in all the Orders now brought up.

Committee of Safety to administer Oaths.

Ordered, That the Lords Committees for the Safety and Defence of the Kingdom shall have Power, by virtue of this Order, to administer an Oath to such Persons as they shall think fit.

Adjourn.

Adjourn till 10a cras.

Footnotes

* Origin. them.
* Deest in Originali.
† Origin. the.
* Bis in Originali.
* Origin. a.
* Deest in Originali.