DIE Martis, videlicet, 11 die Octobris.
The Lord Grey of Warke was appointed Speaker
Lord Stourton complains of being molested by the Soldiers in Hampshire; and claims the Protection of the House.
A Letter written to the Lord Grey, from the Lord
Stourton, was read; "complaining of the great Unruliness of the Soldiers in Hampshire; that they have
took away his Goods, and threaten to come again:
Therefore he desires that he might have a Protection,
for the Security of (fn. *) his House." Ordered, That
the Consideration of this Business be referred to the
Committee for the Defence of the Kingdom; and they
to give Protection, as they shall see Cause.
Papers delivered by the Scots Commissioners brought in.
The Earl of Northumberland acquainted this House,
"That the Lord Lyndsey, and some other of the Scots
Commissioners, came to some Members of both Houses,
(fn. †) and acquainted them that (fn. ‡) they had some Papers
to deliver to the Parliament of England, from the Assembly of Scotland, and the Lords of the Secret
Council; and some Members of both Houses did
meet, and receive them of them, to be communicated
to both Houses."
The said Papers were read, as followeth:
1. The Declaration of the Secret Council of Scotland.
(Here enter it.)
2. A Declaration of the Commissioners of the Peace, to
the Parliament of England, 29 September, 1642. (Here
3. A Declaration of the Commissioners from the General Assembly. (Here enter it.)
His Lordship further said, "That the Commissioners
told them, That the Declaration of the Parliament
was very well received by the whole Kingdom of
Scotland; and that they have sent unto the King, that
the Assembly here may be at the same Time as the
Assembly of Scotland, and to mediate between the
King and the Parliament."
Ordered, That these Papers shall be communicated
to the House of Commons.
Message to the H. C. with them.
A Message was sent down to the House of Commons,
by Sir Rob't Rich and Mr. Page:
To deliver unto them these Scotts Papers now read.
Mr. Bruce to have a Pass.
Ordered, That Mr. Bruce, (fn. *) Chaplain to His Majesty, being going to give his Attendance upon His Majesty, shall have a Pass, to go and come safely without
Fairfax and Legay versus Baseley.
Upon reading the Petition of Daniell Fairfax and
Isaac Legay, against John Baseley, Merchant; it is Ordered, That the Examination of this Business is referred to the Judge of the Court of Admiralty; and
he to call such Merchants before him as he shall think
fit, to give Information of this Business, and report to
be made to this House of the said Examination.
Molesworth, for arresting Morris, the Prince's Servant, to be bailed.
Upon the Petition of Wing feild Molesworth, Grocer,
of London, who is attached, for arresting John Morris,
the Prince's Servant, contrary to the Privilege of Parliament; desiring, in regard he is a Tradesman, and
hath nothing else to maintain himself, Wife, and Children,
that he may go upon Bail: It is Ordered, That the
said Molesworth shall give Bail to the Gentleman Usher
of this House, of Forty Pounds, to appear within Three
Days after Notice given.
Order about Somersham enforced.
Upon reading the Certificate of Sir Ric'd Stonnes,
Knight, Sheriff of the County of Huntingdon, &c. "That
the Order of this House concerning Somersham is
disobeyed:" It is Ordered, That the Sheriff of the
said County shall raise the Power of the County, at such
Time as he shall see most fitting, for the apprehending
the Persons that do disobey the said Order; and to commit them to the Gaol, until the Pleasure of this House
be further known. (Here enter it.)
Message from the H. C. about the Lord Lieutenant of Ireland's Instructions;
A Message was brought from the House of Commons,
by Sir Tho. Barrington: with,
1. To desire a Conference, (fn. †) concerning the Instructions of the Lord Lieutenant of Ireland.
and for the Lord's to concur in the following Orders.
2. To desire their Lordships Concurrence in these
1. An Order for calling the Earl of Warwicke Home,
and making his Vice Admiral Deputy in his Place.
(Here enter it.)
2. An Order to make Mr. White Keeper of The Gatehouse. (Here enter it.)
3. An Order to restrain Arms, &c. to be sent into
Wales, to the Marquis of Hertford. (Here enter it.)
4. An Order that Jo. Ven shall dispose of such Arms,
&c. as comes to him from the Committee. (Here
5. An Order for the Sheriff of Yorkeshire, to assist
Sir Jo. Hotham and Sir Edw. Rhodes.
6. To put their Lordships in Mind of sending away
The Earl of Holland signified, "That, by the Directions of this House, he spoke with the French
Ambassador about it; and he desired some Forbearance in this Business, until he had acquainted the
King of France with it, and received his Answer
and Directions:" And this House Resolved, To have
Forbearance of this Business, until an Answer for the
The Answer was:
Answer to the H. C.
That this House will give a present Conference, as is
desired; and that their Lordships do agree with them in
all the Orders now brought up; but concerning the
Capuchins, this House will send an Answer, by Messengers of their own.
Message from the H. C. for the Lords to concur in the following Orders.
A Message was brought from the House of Commons,
by Mr. Wheeler:
To desire Concurrence in an Order, That Captain
Tucker might be added, to be a Committee, with Mr.
Reynolds and Mr. (fn. *)
Goodwin. (Here enter it.)
2. Next, was read the Order of the Lords Committees for the Defence of the Kingdom, for the Commitment of Captain Wm. Legg to The Gatehouse, which
was for levying War against the Parliament; which
was the Ground upon which they impeached Jo. Broccas,
the Keeper, of High Treason, for permitting Captain
Legg to escape out of Prison. (Here enter it.)
This (fn. †) to be taken into further Consideration.
3. They desire their Lordship's Concurrence and Approbation, that Sir Bazill Dixwell, Knight and Baronet,
and Thomas Sulyard, Esquire, may be Deputy Lieutenants
for the County of Kent.
The Answer returned was:
That this House agrees with the House of Commons,
in the Two Orders now brought up; and concerning
the Warrant touching the Commitment of Captain (fn. †)
this House will send an Answer, by Messengers of their
Subject of the Conference about the Lord Lieutenant of Ireland.
The Earl of Holland was appointed, at this next
Conference, to desire that the House of Commons
would take into their Consideration the sending of the
Lord Lieutenant speedily into Ireland; and the Lord
Lieutenant is to (fn. ‡) speak what he said Yesterday in this
House, and to speak to both Houses what he thinks fit
concerning himself; and the Instructions are to be read
by the Clerk.
House adjourned during Pleasure.
Lord Stourton's Letter, complaining of the Violences of the Soldiers against him.
"Presuming on your noble Disposition, I held it fit
to (fn. ||) acquaint you in what hard Condition I and mine
have been and are in. The Foot Troops going from
London unto Portchmouth brake up my House in
Hampshire, shooled, spoiled, and carried away my
Goods; and, since my coming into Wilts, the noble
Lord the Earl of Pembrooke, and Three of his Deputy
Lieutenants, being all Parliament Men (whose Justice
I shall ever acknowledge), have been pleased to grant
me their Warrant for my Protection against these unruly Persons: Nevertheless, they marching into these
Parts have been with me Four Times, and received
Money from me Twice, and came the last Time Three
Hundred in a Company (being all armed), and, with
an Axe prepared by them, did actually hew my Gate
at Stourton, protesting, with deep Oaths, that they
would beat down my House, and cut the Throats of
every Man, Woman, and Child in my House; whereupon the People in my House, for the Safeguard of
(fn. *) their Lives, shooting in their own Defence, and they
at us, One of them by Chance was killed, and the
rest went away, but vowed to come again; but, by
the noble and charitable Care of the Earl of Pembroke, they have hitherto been prevented. Now,
my Lord, let me intreat you to do me the charitable
Office as to acquaint the Honourable Houses of Parliament with these Proceedings, whose Honourable
and Charitable Protection I must humbly implore; and
therein you shall for ever oblige me to be,
Stourton House, 7 Octob. 1642.
"Your real Friend,
Directed "To the Lord Gray of Warke."
Capt. Tucker to be Assistant to the Committee that are to go into Ireland.
"Whereas Robert Reynolds, Esquire, and Robert
Goodwin, Esquire, Members of the Commons House
of Parliament, are, by Ordinance of both Houses of
Parliament, employed and sent into Ireland, concerning the Affairs of the War in that Kingdom, according to the Instructions of both Houses in that Behalf;
and whereas Captain William Tucker hath been recommended, by the Adventurers of the City of London, to go as an Assistant to the said Committee of
the House of Commons, and is approved by the said
House of Commons: It is therefore Ordered, by
the Lords and Commons in Parliament assembled,
That the Lords Justices and Council of Ireland shall
give Credence to the said Captain William Tucker, as
Assistant to the Committee aforesaid; and the said
Committee are to communicate unto him such Matters as concern the Public Affairs, mentioned in Instructions of both Houses unto them, and to admit
him as their Assistant, as well in Public Meetings and
Debates, as in Private Consultations."
Warrant to the Keeper of The Gatehouse, to keep Captain Legg.
"These are to will and require you, upon Sight
hereof, to take into your Custody the Body of Captain William Legg, lately apprehended and taken,
levying War against the Parliament, whom we have
sent you herewith, and him to keep in safe Custody
until you shall receive further Order from us: And
you are also required not to suffer the said Captain
Legg to speak with any Person but in the Hearing of
his Keeper: And for so doing, this shall be your
"Dated this 28th of August, 1642.
W. Say & Seale.
"To the Keeper of the Prison of
The Gatehouse at Westm. or
Certificate of Sir R Stone, Sheriff of Huntingdon, about the Order for apprehending Delinquents, for stealing the King's Deer at Somersham.
"To the Right Honourable the Lords in the
Higher House of Parliament assembled.
"The humble Certificate of Sir Richard Stonnes,
Knight, Sheriff of the County of Hunt, and
others of His Majesty's Justices of the Peace
of the same County, whose Names are subscribed;
"Shewing unto your Lordships,
"That one Robert Phillipps, One of the Deputies to
the Gentleman Usher of the Upper House, did, by
virtue of an Order of the said House, dated the 30th
of Sept. last, repair unto us, at the General Quarter
Sessions of the Peace holden at Hunt. the 4th of this
Instant October, requiring our Aid and Assistance in
the Execution of his said Warrant; which with all
Obedience we willing to observe, directed the said
Deputy, together with the Constables of Old-Hurst
(where the Delinquents in the Warrant nominated
were supposed to reside) to make their Repair, and
to attach their Persons, who, coming to the said Town,
unto the House late Mr. Gascoigne's, the said Deputy
required the Bodies of the said Delinquents to be
rendered unto him, according to his Warrant; but
he was answered, That they were not there: Whereupon, for his further Satisfaction, he required Admittance into the said House, to make Search for them,
which was denied unto him by one Bancks (as he affirmeth), who appeared to the said Deputy at a Window there, and denied to open the Doors, so that he
could not enter the House, to search for the said Delinquents; and thereupon he repaired to us again,
requiring our farther Aid and Assistance, for the apprehending of the said Parties: But we, understanding that it is impossible to attach the said Delinquents
without the Power of the County (they being Persons
of desperate Qualities and Condition), and withall
conceiving that, by your Lordships said Order, we
have not Authority given unto us to raise the Power
of the County, or to force open the House, for the
executing of the said Warrant (they holding Possession
of the same in the Behalf of one Mr. Fountaine, a
Lawyer), and without which Power their Persons
cannot be apprehended, do, for our further Direction
in the Premises, humbly submit and refer our further
Service herein to such Order as this most Honourable
Assembly shall conceive fitting and convenient; and
shall ever be ready and willing, with all Alacrity and
Diligence, to our uttermost, to apply ourselves to the
Obedience and Performance of the same.
October 7, 1642.
"Richard Stone, Vic. Com.
Petition of Fairfax and Le Gay versus Baseley.
"To the most Honourable the Lords in Parliament.
"The humble Petition of Daniell Farvack and
Isaac Le Gay, of London, Merchants;
"That one Anthony Hooper, Merchant, having, for
a valuable Consideration, sold unto your Petitioners
a great Quantity of Tobacco, which after was brought
into Guernsey; and there being (fn. *) some other Pretences
made thereto, which received several Debates, your
Lordships were pleased to refer the Examination of
the Business to William Cockaine, William Bartlett,
Phillip Burlamack, Nathan Wright, and other Merchants, who, having made their Report, your Lordships heard all Parties thereupon; and, after Consideration thereof, Ordered, That all the said Tobacco should be delivered to your Petitioners.
"That one Eleazer le Marchaunt, on the Behalf of
one John Basley Merchant, attached Part of the said
Tobacco, in the said Isle of Guernsey, upon Supposition that it was in Truth belonging to the said Basley,
though brought, and marked, and accompted, as the
said Anthony Hooper's.
"That your Petitioners Occasions in London not permitting them to go to the said Isle, to attend their
Defence, there is a Sentence given against your Petitioners, for Eight Hundred Pounds, from which
Sentence (not being just) your Petitioners appealed;
which Appeal was there, by the Register, entered
into a Form, according to the Course of late Years
used in the said Isle of Guernsey, as by the annexed
"That your Lordships have been pleased to refer
the Matters between the said Hooper and his Creditors
and Debtors to the said William Cockaine, William Bartlett, Phillip Burlamach, Nathan Wright, and others,
to examine, and end if they can, or to certify you
what they find.
"That Business, between your Petitioners and the
said Basely, will concern the said Hooper and his Creditors; for that, if the said Basley prevail against your
Petitioners, they must resort to have Recompence out
of Hooper's Estate, and so his other Creditors will have
"Most humbly, therefore, beseech your Honours
to refer the Examination of the said Basley's
Pretences to the said Will'm Cockaine, William
Bartlett, Phillip Burlemach, and Nathan
Wright, or any Three of them; and that they
may call before them your Petitioners, and
the said Le Marchaunt, who prosecuteth for
the said Basley (himself being in France), and
also the said Hooper and his Creditors, or some
of them; and, upon Hearing and Examination of the Truth of the Business, to compose
and determine it if they can, or else to certify
your Lordships of their Proceedings and Opinions; and that then your Lordships would
vouchsafe to give your final Sentence upon
the said Appeal (your Lordships, in the High
Court of Parliament, being the most competent Judges thereof).
"And your Petitioners shall pray, &c."
Earl of Warwick to attend the House; and Capt. Batten appointed Vice Admiral.
"The Lords and Commons in Parliament, taking Notice of the good Service done the State by the Earl
of Warwick, in his Employment as Admiral of the
Fleet, and finding his Lordship's Presence in Parliament very needful for the Furtherance of the present
weighty Affairs of the Kingdom, do therefore Order,
That the said Earl do, with all convenient Speed, repair unto the Parliament; and, by Deputation from
his Lordship, do commit the Charge of the Fleet unto
Captain Batten, his Vice Admiral, with the like Power
his Lordship hath received from both Houses; who is
hereby further authorized to execute the same, in the
Absence of the said Earl, in as ample Manner as if
he, the said Earl, were personally present."
Mr. White to be Keeper of The Gatehouse.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Mr. Christofer
White, of Westm. Pewterer, shall be appointed and
nominated to have the Charge and Custody of The
Gatehouse, until the House shall take further Order."
Mayor of Bristol to take Care that no Arms, &c. go to Wales, to be employed against the Parliament.
"Upon Information given unto this House, That
great Quantities of Arms, Ordnance, and Ammunition, are conveyed from Bristoll into Wales, for the
Use of the Marquis Hertford, impeached of High
Treason, and his Adherents; it is this Day Ordered, by the Lords and Commons, That the Mayor
of Bristoll, and Searchers and Officers of the Customs,
be strictly charged and required, not to suffer any
Ammunition, Arms, or other Warlike Provisions
whatsoever, to be transported from the said City and
Port to Wales, to be employed against the Parliament."
Capt. Ven to dispose of Arms.
"Whereas the House of Commons, by an Order
dated the 11th of August, 1642, gave Power to Captain John Venn to receive all such Arms, and other
Warlike Provisions, as are seized in any Place, by
virtue of any Warrant from the said House, and to
dispose of the same according as he should from Time
to Time receive Directions from the Earl of Essex,
Lord General: Now, forasmuch as the said Power,
which was in the Earl of Essex Lord General, in his
Absence is invested (fn. *) in the Committee of Lords and
Commons for the Safety of the Kingdom of England;
it is this Day Ordered, by the Lords and Commons
now assembled in Parliament, That the said John Venn
be hereby required, from Time to Time, and at all
Times, to issue out and dispose of all or any such
Arms, Ammunition, or other Warlike Preparations,
as are or shall come to his Hands, by Warrant from
the said Committee, or any Five of them, signified
under their Hands; and the said John Venn, as well
for what he hath delivered, or hereafter shall deliver,
by virtue of Warrant under the Hand of the Earl of
Essex Lord General, or under the Hands of the Committee, or any Five of them, shall be (fn. †) sufficiently
discharged; and the said John Venn shall be, by the
Parliament, also saved harmless, and kept indemnified,
for his Doings therein, as well for receiving into his
Custody any Arms, Ammunition, or Warlike Provisions, as for issuing the same out according to Order
Sheriff of Yorkshire to be assisting to the Committees in the Execution of the Militia.
"It is this Day Ordered, by the Lords and Commons now in Parliament assembled, That whereas they
have received Information, from Sir Edward Rhodes
and Captain John Hotham, that they are now, according to the Ordinance of Parliament, setting in Order
the Militia within the County of Yorke: For the
strengthening and furthering of which Service, being
of great Concernment, the Sheriff of the County (fn. ‡) shall
be enjoined to be forthwith in a Readiness, with all the
Power of that County committed to his Trust, for
the assisting of the said Sir Edward Rhodes and Captain John Hotham, and shall from Time to Time
actually assist them, as he shall be by them required,
for the advancing and furthering of that Service."