Die Jovis, 11 Augusti, 1642.
ORDERED, That the Magazine of the County of
Herts, at St. Albans, be removed out of the Custody
where now it is; and committed to the Charge and Care
of Mr. Jo. Robotham, John Kinge Doctor in Physick,
and Mr. Ralph Pemerton: Who are hereby required to
take Charge of it accordingly; and to preserve it for the
Use and Service of the County aforesaid.
Release of White, &c.
Resolved, upon the Question, That Francis White and
Hugh Clausey, Irish Gentlemen, stayed at Ilchester
Gaol in the County of Sommersett, be forthwith released
from any farther Restraint; putting in any good Security,
that they will transport to the Rebels no Ammunition,
or other warlike Provision, or any Thing else that may
be of Relief or advantageous to the Rebels.
Resolved, upon the Question, That the Deputy Lieutenants of Suffolk shall have the like Order for putting the
Militia in Execution in that County, as the County of
Northampton had: And it is referred to Mr. Cage, and
the rest of the Gentlemen of Suffolk, to prepare an Order
to this Purpose; and to consider of the Deputy Lieutenants; and to take farther Consideration for the Preservation of the Peace of that County.
Seizing Plate, &c.
Mr. Whittingham, called in, acquainted the House
with the Manner of Seizing of the Plate and Money ...
Serjeant Major Alcock's, and the Lady Byron, at ...
Dolphyn, without Bishopsgate.
Ordered, That Mr. Erle and Mr. Ven do take Order,
That the Money and Plate stayed at St. Dolphin's without Bishopsgate, be safely laid up in the Chamber of
London, till this House take farther Order: And that they
make farther Search into the Trunks, Chests, Hampers,
and Cases, and Portmanteaus: And that Serjeant Major
Alcock, the Lady Byron, and Leonard Andrewes, be
summoned forthwith to attend.
Advance to Samuell.
Ordered, upon the Question, That One hundred and
Sixty Pounds, Consideration Money for Two thousand
Pounds advanced by Arthur Samuell, One of the Creditors of Sir Thomas Dawes, shall be advanced unto him,
by way of Loan: And when the Bill shall pass for better
Payment of the Debts to the Creditors of Sir Thomas
Dawes, then the said One hundred and Sixty Pounds is to
be repaid: And the Collectors of the Custom are ordered
to advance these Monies accordingly in the mean time.
vice lecta est, A Proviso to be added to the Bill for
the Satisfying of the Creditors of Sir Thomas Dawes, on
the Behalf of Mr. John Dawes; with Addition of these
Words, which were twice read, "next after the Debt
due to Sir Antony Irby." And then
Resolved, upon the Question, That this Proviso be
added to this Bill.
vice lecta est, Proviso, securing a Debt due to Sir
Antony Irby, to be added to the Bill concerning the
Creditors of Sir Thomas Dawes.
vice lecta est, Proviso to be added to the Bill concerning the Creditors of Sir Tho. Dawes, on the Behalf
of Mr. John Dawes.
The Bill concerning the Creditors of Sir Thomas Dawes,
read the Third time, on Saturday last; and, by reason
of some urgent Business at that Time, the further Debate
thereof adjourned at that Time, was this Day resumed:
And the Bill, with the Provisoes, upon the Question,
Ordered, That Mr. Curteene shall have free Licence to
dispose of his Saltpetre to any Person or Persons; and
to send it into any Place or Places within the Kingdom
of England or Dominion of Wales.
Message from Lords.
A Message from the Lords, by Dr. Aylett, and Dr.
The Lords have assented unto the Amendments in the
Bill concerning the Earl of Pembroke: The Naturalization of Rich. Bogan, &c.: The Naturalization of Jo.
Kirke, &c. The which they have amended accordingly.
Dr. Bastwick, &c.
Mr. Rigby reports, that the Lords do assent to the
Order concerning Doctor Bastwick, &c. And
It is Ordered, That the Serjeant send down a Man with
Store of Arms, &c.
Mr. Green went up to the Lords, to acquaint their
Lordships with the great Store of Arms and Ammunition, and other Provisions of Corn, that are at Knolle
House, at the Lord Abergavennye's, and at Cobham;
and to desire them to take Consideration of it.
He likewise moved the Lords to hasten the Instructions for Monmouth and Bucks.
Sir Jo. Borlasse.
Resolved, upon the Question, That the Name of Sir
Jo. Borlasse be added to the Instructions for Bucks.
Agent from Hamborough.
The House being informed, That there was an Agent
from the State of Hamborough, that brought Letters to
He was called in: And came in, with his Interpreter,
and the Serjeant, with his Mace upon his Shoulder,
standing by him; and presented the Letters.
The Letters were read:
And then the Agent was called in: And Mr. Speaker,
by the Command of the House, told him, "That the
Letters he brought were read; and that the House finds
they do concern the House of Lords, as well as this House;
That they will take a convenient Time to acquaint the
Lords with them To-morrow; and that they will endeavour that he may have a speedy Answer."
Regulating the Customs.
Mr. Green presented Three Orders for the better Regulating the Customs: Which were read; and assented
unto; and ordered to be sent unto the Lords for their
Concurrence, by Mr. Green.
Ordered, That the humble Petition of the Gun
Founders, Carpenters, Smiths, Wheelwrights, &c. and
other poor Labourers, Creditors and Ministers of his
Majesty's Office of the Ordnance * * * *.
A Message from the Lords, by Dr. Aylett and Dr.
The Lords desire a present Conference, in the Painted
Chamber, concerning a Proclamation received * * * *.
Answer returned by the same Messengers, That this
House has considered their Lordships Message; and will
give a present Meeting, as is desired.
Sir Jo. Holland, Mr. Prideaux, Sir. Ro. Coke, Sir Ro.
Harley, are appointed Reporters of this Conference.
Volunteers in Kent.
The humble Petition of many of the Inhabitants of
Cranebroke, and many others of other Parishes within
the Seven Hundreds in the Wild of Kent; for to have
Liberty to train, as Volunteers, under the Command of
Mr. Tho. Plumer: The which the House do allow of;
and do Order, That they should have the like Order as
the Town of Shrewsbury,
Ordered, That the Judges of the County of Lancaster,
and the other Officers whom it may concern, be required
to respite the Tryal and Proceedings against Tho. Tildesley
Esquire, who, as this House is informed, slew the Man
at Manchester, and all other Proceedings concerning
that Fact, until this House shall take farther Order herein;
this Case concerning the Privilege of Parliament:
That Order shall be made for the Stopping of any Tryals and Proceedings that concern Sir Tho. Stanley, Mr.
Jo. Holcroft, and Mr. Byrche, until this House take
further Order herein: And that the Hearing that concerns Mr. Holcroft at Chester, be likewise stayed.
Ordered, That a Message shall be sent unto the Lords,
to desire that the Militia may be put in Execution forthwith
in Kent: And that the Lord Lieutenant of that County
do grant forth his Deputations.
Members disabled to sit.
Resolved, upon the Question, That Mr. Edw. Hide
shall be disabled to sit any longer a Member of this
House, during this Parliament.
Resolved, upon the Question, That Mr. Ro. Holborne
shall be disabled to sit any longer a Member of this
House, during this Parliament.
Resolved, That Sir Wm. Penyman shall be disabled to sit
any longer a Member of this House, during this Parliament.
Writs to be issued.
Resolved, That Mr. Speaker shall issue his Warrant to
the Clerk of the Crown in Chancery, for new Writs for
the Electing of Burgesses to serve in their Steads.
Members disabled to sit, &c.
Resolved, upon the Question, That Mr. Edw. Kirton
shall be disabled to sit a Member of this House, during
this Parliament: And that a Warrant shall issue, under
Mr. Speaker's Hand, to the Clerk of the Crown in Chancery, for a new Writ for a Burgess to serve in his Stead.
Ordered, That a Message shall be sent to the Lord
Keeper, to require him to return Answer to the Parliament, Whether the Seal be always in his Custody [a].
Instructions for Monmouth.
A Message from the Lords, by Sir Ro. Riche and
The Lords have sent down these Instructions for the
County of Monmouth, with some Amendments; and do
agree to them, with these Amendments.
The Amendments are, instead of "his Majesty,
seduced by wicked Counsels, intends to make War,"
"his Majesty doth make War."
Answer returned by the same Messengers; That this
House does agree to the Amendments.
Writs to be issued.
Ordered, That Mr. Speaker do presently grant forth
his Warrant to the Clerk of the Crown in Chancery,
for Two Writs to issue forth for the Electing of Two
Burgesses in the Stead of Mr. Serjeant Hide, and Mr.
Hide, formerly chosen to serve in this Parliament; and
since, by Judgment of this House, disabled: And that
these Writs be forthwith sent to be sealed.
King's Proclamation against E. of Essex, &c.
Sir Ro. Harley reports the Conference [b]:
"My Lords desire this Conference, to acquaint you
with a Letter which they have received from his Majesty; and a Proclamation there inclosed. Here needeth no Addition of Language to it: Which if there had,
my Lords would have chosen a better Speaker: But the
Words give Advantage sufficient; which I am to read unto
you; and there deliver the Sense of the Lords upon it."
After the King's Letter and Proclamation were read, his
Lordship further said,
"Here needs no great Expression to make you sensible of this Proclamation: You hear the Earl of Essex is
therein proclaimed a Traitor, and all Commanders under
him, and all that do adhere unto him; and, in Those, the
Parliament and honest Party of the Kingdom are proclaimed Traitors. Here are big Words of Terror: But the
Lords well considered the Grounds, before they entered
into this Action; which is for the Maintenance of the Law,
the Religion, Liberty of the Subject, and Privilege of
Parliament. Upon these Grounds, they have commanded
me to let you know, that, with One Consent, they resolved to go on with more united Vigour than before."
Sir Jo. Holland reports That Part of the Conference
which was delivered by the Earl of Essex:
That he was not ambitious of this Employment: That
he undertook it by the Commands of both Houses: That,
in the Carriage of it, he did not doubt but he should shew
as much Loyalty to his Prince as any of them: And that
he should be as ready to adventure his Life for the Maintenance of the Law, as that other great General shall do
for the Breach of the Law.
Resolution to adhere to E. of Essex.
Resolved, upon the Question, That, whereas the Lords
and Commons in Parliament did formerly chuse the Earl
of Essex to be Captain General of such Forces as are or
shall be raised for the Maintenance and Preservation of
the true Protestant Religion, the King's Person, the
Laws of the Land, the Peace of the Kingdom, the
Liberty and Property of the Subject, and the Rights and
Privileges of Parliament; this House doth now Declare,
That they will maintain and assist him, and adhere unto
him the said Earl, with their Lives and Estates, in the
Memorandum, When this Question was put, every
Man, in his Place, rose up, and gave his Answer
unto it distinctly, one after another.
Mr. Holles, Sir Philip Stapilton, Mr. Pym, Mr. Reynolds, Mr. Prideaux, Mr. Solicitor, Sir Jo. Holland,
This Committee is appointed to prepare a Form of a
Covenant to be taken in Pursuance of this Resolution:
Declaration on King's Proclamation.
They are likewise to prepare a Declaration concerning
the Advisers, Contrivers, Abettors, and Publishers of a
Proclamation set forth in his Majesty's Name, intituled,
"A Proclamation for the Suppressing of the present Rebellion under the Command of Robert Earl of Essex; and
the gracious Offer of his Majesty's free Pardon to him,
and all such of his Adherents as shall, within Six Days
after the Date hereof, lay down their Arms;" to declare
the said Advisers, Contrivers, Abettors and Publishers,
Enemies to the Peace of this Kingdom; and are to meet
this Afternoon at Four of Clock, in the Inner Court of
Adhering to E. of Essex.
Resolved, upon the Question, That such Members of
the House that have not yet declared themselves, touching the Question abovesaid, concerning the Earl of
Essex, shall, from time to time, at their coming into the
House, declare themselves.
Tonage and Poundage.
WHEREAS there hath been deposited, by divers
Merchants several Sums of Money, into the Hands of Sir
Thomas Dawes, his Majesty's Collector in the Port of
London inwards, or his Deputy, and others, since the First
Day of July unto the Fifth Day of August present, by
reason of the Act of Tonage and Poundage being not
passed, and no other Order for the Manner of Payment
thereof: And the Lords and Commons assembled in Parliament, having since thought fit to direct, by Ordinance,
How, and in what Manner, the said Tonage and Poundage shall be collected; and therein appointed the same
Commissioners or Collectors who formerly received the
Duties, to take Charge thereof; and do expect that they
be accountable for the same, from the First of July last,
being the Time of Determination of the former Act: It
is therefore Ordered, by the said Lords and Commons,
That the said Sir Thomas Dawes, his Deputy, and all
others, do pay over unto the said Commissioners all such
Sums of Money as have been deposited into the Hands
of any of them, by any Merchant, within the Time aforesaid: And this together with the Receipt of the said Commissioners, or any One of them, shall be a sufficient
Discharge, at all times, unto the said Sir Thomas Dawes.
And it is hereby further Ordered, That the said Commissioners do make Allowance of Fifteen per Cent. unto
all such Merchants as require the same, upon perfecting
his or their Accompt for Goods exported or imported
from the First of July last, unto the Time of the Publishing of the Ordinance of Parliament, being the Fifth
of August last; and make Repayment of all such Monies
deposited, which shall be required back, or happen to be
paid over and above the Custom or Duty intended to be
paid by the Ordinance aforesaid; and so to make up
their Accompts accordingly.
False Entries in Customs.
WHEREAS some Merchants, against the Laws and
Statutes of this Kingdom, have made Entries of their
Goods in the Custom-house, in the Names of other Persons, who are either unknown or insolvent; and others of
mean Condition have, against the said Laws and Statutes,
presumed to make Entry of other Mens Goods, in their
own Names, to the Intent to defraud the Commonwealth:
It is therefore Ordered, by the Lords and Commons in
Parliament, That if any Merchant, or other, shall at any
time hereafter make Entry of any Goods to be exported
or imported, and shall not advance Monies by way of
Loan, according to a former Ordinance of this Parliament, the Officers of the Customs respectively shall not
permit such Person or Persons to lade or unlade such
Goods and Merchandize; but shall make Stay thereof,
until he or they shall give Security to pay all such Duties
for the same, as shall be hereafter appointed to be paid
for such Goods by Act of Parliament: And for their so
doing this present Ordinance shall be their sufficient
Warrant and Discharge.
Collectors, &c. of Customs.
IT is Ordered, by the Lords and Commons in Parliament, That the Committee appointed by the House of
Commons, for the Navy, shall have Power to give Allowance unto the Collectors and Commissioners of the
Customs, for the Issuing out of Monies advanced on the
Customs, for the Satisfaction of the yearly Pensions and
Payments due unto all such Forts, Castles, and Piers, as
have been heretofore usually paid out of the Customs:
Which Committee shall have further Power to give Allowance unto the several Officers attending the Service
of the Customs, such yearly Payments as have been formerly accustomed, together with any other necessary
Charges for the Advancement of that Service, and in and
about the same, as they shall think fit: And that the Orders of the said Committee unto the Commissioners and
Collectors of the Customs, for the Payment of all such
Monies, shall be unto them a sufficient Warrant and Discharge. It is further Ordered, That if any Differences
shall hereafter happen between the Merchants and Officers
of the Customs respectively, in any Cases that concerns
the Customs, the said Committee shall have Power to
hear and Determine all such Differences, and to do any
other Thing for the Advancement and Good of Trade;
or make Report thereof to the House of Commons: And,
for the better Clearing of any Doubt which may hereafter arise, between the Merchants and Officers, touching
any thing comprehended in those Twenty-six Orders
printed with the Book of Rates, the Lords and Commons
do Order, That the said Book of Rates, together with the
Directions and Allowances expressed in those Orders,
shall be in all Things observed and followed by the Officers of the Customs respectively, for the Advancement
of Trade, and Encouragement of Merchants.
Issues from Customs.
WHEREAS there doth remain in the Hands of the
Collectors and Commissioners of the Customs, several
Sums of Money by them received upon the several Bills
of Tonage and Poundage, from the Twenty-fifth Day of
May One thousand Six hundred and Forty-one, unto the
First Day of July last past: And whereas likewise there
are divers other Sums of Money, due by Bonds and otherwise, from several Merchants, for Customs, within that
Time aforesaid; all remaining in the Hands of the said
Collectors: All which Monies will be requisite towards
the Satisfaction of several great Sums of Money due by
the publick Faith of both Houses of Parliament for the
Setting forth of several Fleets of Ships to the Seas for this
Summer's Expedition, and other Charges of the Navy:
It is this ... therefore Ordered, by the Lords and Commons in Parliament, That the said Commissioners and
Collectors do, from Time to Time, issue out of the said
Receipts and Debts, all such Sums of Money as they shall
be appointed to pay by Order of the Committee of the
Navy of the Commons House of Parliament, for the
Uses aforesaid: Whose Orders, from time to time, shall
be their sufficient Discharge. And the Lords and Commons do Declare, That whatsoever Monies they the said
Commissioners and Collectors do issue out by virtue of
this Ordinance, they, their Heirs, Executors and Administrators, shall be acquitted, discharged, and kept
harmless, from any other or further Question or Account
whatsoever, than to the said Lords and Commons.
Arms, &c. seized.
Ordered, That all such Arms, and other warlike Provisions, as are seized in any Place by virtue of any Warrant
from this House, shall be delivered to Captain Venn; to be
disposed of by him, according to such Directions as the
Lord General shall, from time to time, give unto him.
" 11° Augusti,"
" To Rob Johnson of Martin's Vintry, 600:
" To Hugh Audley of the Inner Temple, 1,000:
" To Tho Hardye Of London, Goldsmith, 1,000:
" To Mr.Rob. Dickson - - - - 300:
" To Mr. Wheeler - - - - - 10,001:
[aIn the Journal of the Proceedings of the House, 8° Septembris 1642, there is this Entry; But no mark of Reference is made, where to insert it,