DIE Mercurii, videlicet, 9 die Martii.
The Earl of Leycester, Lord Lieutenant of the
Kingdom of Ireland, was appointed by this
House to be Speaker this Day.
Sir H. Herbert Leave to recruit his Company for Holland.
Ordered, That Sir Henry Herbert, Knight, shall
have Liberty and Permission to entertain and transport
Forty Men, Voluntiers, to recruit his Company in Holland, for the Service of The States of the United Provinces.
Commissions of Lieutenancy brought in.
This Day the Earl of North'ton brought in his Commissions of Lieutenancy for the Counties of Warwick and
The Lord Chandois brought in his Commission for
Lieutenancy of Gloucestershire, being joined with the
Earl of North'ton.
The Petition of Sir Phillip Carteret, together with a
Memorial of the State of the Militia of the Isle of
Jersey, the Wants and Defects, and Means of Defence,
were read, in hæc verba: videlicet,
"To the Right Honourable the Lords assembled
Petition of Sir Philip Carteret about the Isle of Jersey.
"Sir Phillip Carteret humbly representeth, that he
hath had, under His Majesty and the Governors of
the Island of Jersey, the Government and Command thereof committed unto him these many Years,
wherein the best Endeavours, Care and Industry have
concurred to a faithful Discharge of his Duty therein.
"In May last, it pleased this Honourable House of
Peers, by their Order, to remand him to his Charge,
and to intrust him with the Defence and Security of
"So great an Honour and Trust incited his great
Care and Vigilancy, which he hath laboured dutifully to express, in his then speedy Repair into that
Island, his Discovery and Information given of the
then Naval Preparations and Designs in France, his
Time wholly spent the last Summer in putting the
Inhabitants in a Posture of Defence, and in the Fortifications of the Castle Elizabeth in that Isle, with
his own Means and Fortunes till after Michaelmas; at
what Time judging it not the least Part of his Devoir
to render an Accompt of the State of that Island, of
its Strength in their Militia, their Wants and Defects,
and best Means of Defence, together with certain
Particulars conducing to the Government, Peace, and
Quiet of His Majesty's Subjects there, he desired and
obtained Leave of the House of Peers to repair
hither, where he hath spent near all this Winter,
as a Time best permitting his Absence, and wherein
he hath waited the Opportunity of some Intermission
from those weighty and important Businesses of the
Kingdom which hath taken up the whole Time. But
now the Advices which he hath received within these
few Days, of the French Troops making ready near
and upon the Coast bordering upon that Island, and
the Summer approaching, a Time of most Danger,
he craveth Pardon if he doth precipitate this his
humble Request, that it may please the Honourable House, by a Committee, to take these Things
into their Honourable Consideration, and such others
as he shall represent unto them.
"And as in Duty bound he shall pray, &c.
"Memorial of the State of the Militia and Forts
in the Island of Jersey, the Wants and Defects,
and Means of Defence.
State of the Island and the Militia there.
"The Island is in Circuit near Forty Miles, seated
by the Coast of Normandy, Seven Leagues distant;
it lies invironed with Rocks and strong Tides, difficult
to be attempted with Ships of Burthen.
"The Landing Places are many, yet an Enemy can
hardly make Use but of few to land Forces by Way
of Invasion; the Access being difficult, easily defended,
and the Country of itself fast.
"The Island is divided into Twelve Parishes, and
yields about Three Thousand able Men to bear Arms,
whereof some Twelve Hundred are trained, and divided into Twelve Companies, each Parish making
up a Company; Twelve Captains are appointed over
them, reduced to Three Regiments, of Four Companies in One Regiment.
"Each Parish hath a public Magazine of Powder,
Match, and Bullets, for their Ordnance there belonging to them, Three Demy Culverins, Iron placed
in several Bays, Twenty-four small Pieces Basse
mounted to be kept in their Churches, to be drawn
where Need requires.
"The King hath Two Castles; that of Montorgueill,
seated towards the nearest Part of France, strongly
built and stately, standing high upon a Rock, but
near a Hill which lies a Hundred and Forty Paces
from it; the chief Use thereof is for a Dwelling to
the Governor, a Countenance to the Island, and Retreat of the People in Case of Invasion, or sudden
Attempt for Spoil.
"The Castle Elizabeth is seated towards the West,
in the Entry of the Harbour, upon a Rock standing
in a little Islet, environed with Sea every Six Hours.
It hath been of late much augmented by the Addition of a Basse Guard, which renders it almost impregnable but by Famine, which cannot befall it except it were abandoned of Succours.
"There are in these Two Castles kept in Pay Two
Porters, Two Gunnors, and Fifty Soldiers; but of
these Fifty, Six have been struck off, by Order from
the Lords of His Majesty's Council, and Three
Officers sent over to be Muster-masters, who receive
the said Six Soldiers Pay. These, with the Porters
and Gunners, receive each Twelve Pence a Day, and
each Soldier Six Pence.
"Neither the Castles nor the Island, in State they
now are, are free from Surprize, Spoil, Invasion, or
"Yet, notwithstanding, the Island being under the
Protection of so powerful a King and State, the Situation of the same, the Sufficiency of the Land to
maintain the Inhabitants, the Places naturally seated
for Retreat of the People and Defence, makes it
not hard to be made safe against any Attempt in any
Kind, without great Difficulty or great Cost.
"To effect this, and to provide and avoid Dangers:
"1. The People are to be armed.
"2. They are to be kept under Discipline and Obedience.
"3. The Avenues of the Island are to be kept repaired and fortified.
"4. (fn. *) Their public Magazines to be stored with
Powder and Necessaries.
"5. The Castles to be manned with a greater Retinue.
"6. They are to stand stored at all Times with necessary Provisions of War.
"7. Upon imminent Danger, they are to be provided with a competent Portion of Victuals.
"8. Those Orders heretofore established, that conduce to the Security of the Island, are to be duly
put in Execution, and Delinquents therein to be severely punished.
"But, that these Particulars may be opened, and the
better understood, it is humbly represented:
"1. Concerning the Arming of the People, One
Third Part have no Arms at all; One other Third
Part are armed with some few bare Pikes, most with
Halberts and Bills, of little or no Service; the last
Part are sufficiently well provided with Muskets. To
arm the People, and fortify the Avenues of the
Island, &c. upon Sir Edward Conway, since Lord
Viscount Conway, coming into the Island, by the King's
Command, to view the same, and to report the State
thereof; the Inhabitants were perswaded to a Necessity of having a public Stock, for the defraying,
from Time to Time, of these and other their Necessaries.
"Whereupon they petitioned His Majesty, that there
might be a Stiver raised upon each Pot of Wine sold
in Retail in that Island, which was accordingly granted,
and passed under His Majesty's Hand and Privy Seal.
But the Inhabitants, being now apprehensive of
Invasion, are unwilling the said Rate should be passed
the Great Seal; so that it is conceived that there is
otherwise no Means left to arm the People but by
these Two Ways; First, that the Governor may have
Power to cess the Inhabitants to such Arms as their
Estates may be able to bear, by the Advice of the
Captains and their Officers; the other (and that for
the Arming of those that are not able to furnish
themselves), it may please His Majesty to send Arms
into the Island, to be entered in His Magazine of the
Castles, and by the Governor to be delivered to the
Captains, and by them distributed to such of the Inhabitants, upon Bond that they shall be rendered and
restored in the said Magazine whensoever they shall
"2. That the People be kept in due Obedience,
and under Discipline; the State of this Kingdom have
always thought it fit to entrust the Governor of that
Isle with the sole and absolute Power of the Militia
thereof, against which there have happened of late
some Opposition and Distractions of evil Consequence;
videlicet, That the Governor is not to appoint Officers
over the Companies, but by Approbation and Consent of the Company.
"That the Governor may not alter the Watches in
the Island, and the Stations of them formerly appointed; that the King is to keep His Castles, and the
Inhabitants the Island, so that, upon what Occasion
soever, they are not to be commanded into the
Castles; provided that, when they shall run away
from an Enemy, they may be sheltered in them;
that the Governor is not to impose any Command of
himself, or can punish the Disobedience of any but by
Complaint to the Jurats. These, and others the like,
may it please the State here to have settled in their
Wisdoms, so that a Guard may not abuse his Power
to the Grievance of the Subject, yet he may have
that which befits his Charge, for the Safety of the
Castles and Island committed to him.
"3. Concerning the repairing and fortifying the
Avenues, the Inhabitants have always made and entertained certain Breast-works upon the Landingplaces, for Musketeers to play over, which is as
much as may well be done in most of those Places.
"Only at the Port of St. Aulin there lies a Rock,
under which all the Shipping of the Island lies; this
Rock hath upon it Five Pieces of Ordnance, and a
small Square Tower, that served to lodge a Gunner,
and to preserve the Powder dry.
"It is humbly conceived that it would greatly conduce to the Safety of the Island, the Preservation of
their Shipping, if, upon the said Rock, some Fortification were made; which, (by Esteem), will not amount
to above One Hundred and Fifty or Two Hundred
Pounds. The Customer of the Island may be made
Keeper of the Fort, and a Gunner to be allowed
him; those of the Inhabitants that are next to assist
the Gunner, and a Watch to be set in the same, as a
Governor shall appoint in Time of Danger.
"4. Concerning the public Magazines of the Island
to be bestowed, &c. There is at this Time little
Powder, or any Thing else, in their Magazines. Sir
Philip Carterett, Lieutenant Governor, sent over by
the House of Peers to secure that Island, was by them
authorized to take so much Powder and Ammunition
out of His Majesty's Store as could well be spared,
and to distribute the same among the Inhabitants at
usual and accustomed Rates; which he having made
known to the People, and offered to furnish them
accordingly, most have neglected, only some Five or
Six Barrels of Powder having been taken off; so that
neither the Musketeers of their own Store, nor their
Magazines, are provided with sufficient Powder for
Defence, nor will they allow any compulsory Power
further than what they please.
"5. Concerning the Manning of Castles with a
greater Retinue; in the Year 1617, upon Sir Edward
Conwaye's Report, it was Ordered, by His Majesty
and the Lords, That there should be (fn. *) in Pay in Mountorgueill Castles Two Soldiers, and Thirty in Castle Elizabeth. This Number may suffice in Mountorguiell
Castle, especially if a Watch or Court of Guard by
Night of the Inhabitants may be continued at the
Foot of the Castle, as hath been Ordered by Sir
Phillip Carterett, but stands opposed by some factious Persons. As for the Castle Elizabeth, being
since fortified, and much augmented, and lying in the
Sea, not so suddenly to be succoured against Surprise, a greater Number may be thought needful,
that Fort being the Key of the Island for Entrance
into it; or otherwise the Soldiers Pay, being but
Five Stivers a Day, and paid in French Money, according to the Value and Inhance set upon it by the
French, is so small, that the Officers are constrained
to tolerate some Neglect in the Soldiers Duties, that
(fn. *) they may get somewhat to live more than their Pay,
upon which they can hardly subsist.
"6. That the Castles may be at all Times stored
with necessary Provisions for War, His Majesty's Care
hath been such, as they stand at this Time sufficiently
for most Things, especially Ordnance and Powder;
some for Carriages, and some other Things of no
great Charge, are yet wanting, which are set down
in a particular List.
"7. Concerning the Provisions of the said Castles
with Victuals; as the Times are more or less dangerous, so ought the said Castles to be furnished with
Things necessary, as Wood for Firing, Cyder for
Drink, Corn, Salt, &c.
"The Governors have heretofore taken such Provisions as the Island did afford, sometimes paying easy
and reasonable Rates, sometimes restoring the said
Provisions back; but now the Inhabitants think themselves not bound to furnish any, but where and how
the Governor may provide himself at such Rates as
they shall demand, and that commonly dearer than
they sell to others.
"8. That the Orders established heretofore for the
Security of the Island may be observed: It hath been
Ordered by Henry the Seventh, and since renewed
by His Majesty, That no Normans nor French should
reside in the Island, otherwise than for Trade, with
the Governor's Leave; and that none should harbour
Strangers, but that they should give Notice thereof
to the Governor within Four and Twenty Hours:
The Inhabitants, notwithstanding, take daily Normans, Maids and Men Servants, Papists, without the
Governor's Leave, lodge and harbour Strangers without any Notice given.
"So that the Spies have been sent, and viewed the
Island, without Knowledge of the Governor, till he
hath, after their Returns, received Intelligence thereof from France.
"One David Brandines, an Alien, and now Dean
of that Isle, hath brought into the Isle, and lodged
in his House, at several Times, a Mass Priest, who
had been accused of Sorcery and Witchcraft, and
turned out of his Benefice, and of late hath been
executed for the said Crimes, and likewise for assisting at sundry Women's Travails, and murdering the
Children; having also kept a Quean Twenty Years,
and after married her to his Father, and after had
Company with her: Likewise others have of late
harboured Frenchmen, and there coined counterfeit
Gold and Silver, and vented it to the Inhabitants:
Sundry other Orders, necessary to be executed, are
by factious Persons pretended to be against the Liberties of the People, so that the King's Rights and
Revenues are by them also questioned and withheld."
Ordered, That the Consideration of Sir Phillip
Carteret's Petition is referred, together with the Memorial, to the Committee for the Defence of this Kingdom, who are to make Report thereof to this House.
Attorney General's Defence.
This Day being appointed to hear Mr. Attorney General's Defence, he and his Counsel were called in;
and being come to the Bar, the Speaker, by the Directions of this House, told the Counsel, "That this
House commands them to proceed in assisting Mr.
Attorney in his Defence, upon their Perils."
The Counsel desired their Lordships Pardon herein,
for they came not now provided to make Mr. Attorney's
Defence; hoping to be excused, because the Business
concerns the Privileges of Parliament, as was alledged
The House not being satisfied with this Answer; Mr.
Attorney and his Counsel were commanded to withdraw.
And the House taking it into Consideration, Ordered, They should be commanded to give a direct
Answer, severally, whether they will now plead or
And the Counsel being called in, and commanded as
aforesaid, they desired to be excused from pleading at
But the House not being yet satisfied with this Answer, they were commanded to (fn. *) withdraw; and the
House Resolved, That they should once more be told,
"That this House expected they should severally make a
direct, positive, and clear Answer, whether they will
now plead or no; and, if they will not answer so, this
House will take it as a Denial."
Then they were called in; and the Speaker commanded them as abovesaid.
Sir Tho. Bedding feild answered, "He desired some
Time to prepare himself for it, he being not now
Sir Tho. Gardiner, Recorder of the City of London,
craved a further Time to consider of it.
The rest of the Counsel answered, "That they were
willing to plead now at their Lordships Command,
and did hold themselves in Duty bound so to do;
but the chief Part of the Defence for Mr. Attorney
was committed to the Management of Sir Tho. Beddingfeild and Sir Tho. Gardiner, and by that Means
they are not provided at this Time; but desired
some further Time, as their Lordships shall please to
Some of the Attorney General's Counsel committed, for refusing to plead.
Hereupon the Counsel were commanded to withdraw; and the House taking into Consideration what is
fit to be done in this Business, conceived, that Sir Tho.
Beddingfeild and Mr. Recorder of London have committed a great Contempt to this House, in refusing to
plead when they were commanded; therefore Ordered, That, for the said Contempt, Sir Tho. Beddingfeild and Mr. Recorder shall stand committed to The
Tower of London, there to remain until the Pleasure of
this House be further known.
To have other Counsel.
This House further Ordered (for the better Expedition of the Cause), That, if Mr. Attorney General
do desire other Counsel in the Place of Sir Tho. Beddingfeild and Mr. Recorder, he is to bring in the Names
of such as he desires To-morrow Morning; and then
this House will give Directions therein.
Mr. Attorney General was called in, and told by the
Speaker what this House had Ordered; and he desired Leave until To-morrow to consider of it, and
then he would present to this House his humble Desires.
Draught of an Ordinance for securing Bullion to be brought into The Tower.
Ordered, That the Committee appointed to prepare a Draught of an Ordinance for securing of Bullion that shall be brought into The Tower by Merchant
Strangers, shall meet on Friday Morning next, at Nine
of the Clock; and that they shall hereby (fn. †) have Power
and Authority to call such Persons before them as they
think fittest to give them Information, concerning this
Earl of Portland brought in his Commission of Array.
This Day the Earl of Portland brought in his Commission of Array for the County of South'ton and the
Isle of Wight.
Petition of the Twelve Bishops.
A Petition of the Twelve Bishops in The Tower, impeached for High Treason, was read; and Ordered
to be respited until To-morrow.
Comes de Leycester declaravit præsens Parliamentum
continuandum esse usque in diem Jovis, videlicet, 10m
diem Martii, (fn. ‡) 1641, secunda hora post meridiem, Dominis sic decernentibus.