Die Jovis, 7 Julii, 1642.
Restraint of publishing Proclamations.
ORDERED, That the Gentlemen that serve for
the City of Colchester, are to acquaint the Town of
Colchester, that these Proclamations are within the Intention of the general Order for the Restraint of publishing Proclamations, Declarations, and other Matters,
concerning the Proceedings of the Parliament: the
Knights and Burgesses are to send this general Order
down to their Counties and Boroughs; and likewise the
Declaration, that these Proclamations are within the
Intention of this general Order.
The Proclamations are as followeth;
One, forbidding the Levying of Horses without his
Majesty's express Pleasure, under the Great Seal.
Another, concerning the Lawfulness of his Majesty's
Commission of Array.
The other, for the free Passage and Carriage of
Horses and Provisions from any Place within this Kingdom of England.
The humble Petition of Gregory Hockmore Esquire,
now Prisoner in . . . Tower, by a former Order, for his
Contempt and Disobedience to the Orders of this House,
was this Day read.
It is Ordered, That the Complaint this Day made to
the House, of Mr. Huckmore's Servants still cutting
down and carrying of Timber away, contrary to the
Order of this House; and the Matter of the Inlargement
of Mr. Huckmore, who is a Prisoner for Disobedience
to the Order of this House, in that Behalf; be referred
to the Committee for Sir F. Popham's Bill.
Ordered, That the Lords be moved to join with this
House, in an Order to the Lord Mayor, to require him
to call a Common Council to meet To-morrow, at Two
Answer from the King.
Mr. Speaker presented to the House a Letter from
Secretary Nicholas, containing his Majesty's Answer to
the Desire of both Houses, as followeth:
I HAVE acquainted his Majesty with your Letter of
the Twenty-fourth of June last; and shewed him the
Order of both Houses: To the which His Majesty hath
commanded me to return this His Answer; "That he can
understand no other Meaning in the Order, than to put
a Scorn upon His Majesty; that they who have taken
His Ammunition and Arms by Force from Him, should
send to Him for a Warrant to dispose them, that He
thereby might seem to confirm their former Violence,
whilst they were (as He thought them to be) in His own
Disposal. He expressed all Readiness in signing any
Warrants for the Delivery of whatsoever was thought
necessary for the Service of Ireland: And could have
done so still; but being now out of His own Power, He
cannot give Himself Leave to give any Direction in the
Business, except His Commands may be first obeyed, in
the Re-delivery of them into His own Custody: And he
shall then issue out such Warrants as shall be convenient."
This being his Majesty's Answer in his own Words,
you will receive it by the Intimation of,
Your most affectionate Friend,
Yorke, 4° Julii,
Ordered, That this Answer of his Majesty's, expressed
by Secretary Nicholas, be referred to the Commissioners
for Irish Affairs.
A Letter to be sent from Mr. Speaker to Sir Wm.
Brereton, taking Notice of the chearful Obedience of
the County of Chester to the Ordinance of the Militia,
was this Day read, and assented unto; and ordered to
be signed by Mr. Speaker.
Bringing in Horse, &c.
The printed Propositions for the Bringing in of Horse,
Monies, Plate, &c. * * * *
Earl of Warwick.
Resolved, That all Ships that are in the Service of the
State, and are abroad, shall now obey the Earl of Warwick, in such Manner as formerly they did the Earl of
Northumberland: And that a Copy of this Order be
particularly sent to every particular Ship: And that the
Committee for the Defence of the Kingdom do take
Order that this Order be sent down accordingly.
That the Lords be desired to join herein.
Message to Lords.
The Lord Cramborne carried up to the Lords the
Order concerning the calling of a Common Council, and
concerning the Ships that are abroad, to obey the Earl
of Warwick; and the Order concerning Tristram Whettcombe; and the Order concerning the Bestowing of One
hundred Pounds upon the Lord Cawfield's Sons.
Liberty to go to Yorke.
Ordered, That Sir Wm. Bronckerd shall have Liberty
to go to Yorke, notwithstanding any former Order, with
his own Saddle Horses, and Coach Horses; provided
they be not Horses for the great Saddle.
Treaty with Scotland.
The ingrossed Articles of the Scotts Treaty were this
Day read; and, by Vote upon the Question, assented
unto; and ordered to be sent up unto the Lords by Sir
Wm. Armyn: Who went accordingly with the same.
Recompence to Stockdale, &c.
Ordered, That it be referred to the Commissioners of
this House, appointed to treat with the Scotts Commissioners, to take into Consideration the Expences and
Pains of Mr. Stockdale, in his constant Attendance upon
the Commissioners for the Treaty with the Scotts, for
these Eight Months together; and to consider what
Recompence is fit to be given unto him; and likewise to
consider of the Pains of Mr. Baldwin, Clerk to the Commissioners; and what Recompence is fit to be given unto
Payment to Rily, &c.
Ordered, That Mr. Wheeler do pay the Sum of Forty
Pounds to be distributed amongst the Three Clerks at
the Tower, that have taken Pains in transcribing the Records concerning the Commission of Array; and their
Attendance about that Business; viz. To Mr. Rily,
Twenty-five Pounds; To Mr. Collett, Ten Pounds; to
the Under Clerk, Five Pounds.
Ordered, That it be recommended to the Commissioners
of the Treasury, to give Order for the Payment of the
Fifty Pounds per Annum Fee, due to Sir Jo. Burrows, as
belonging to his Place, together with the Arrears, in such
Way and Manner as it hath heretofore been usually paid.
Answer from Lords.
Lord Cramborne brings Answer, That the Lords do
agree with this House, in the Order to injoin the Lord
Mayor to grant a Common Council; and the Order for
all Ships to be under the Command of the Earl of Warwicke, as they were under the Earl of Northumberland's
Command: And, to the Order concerning Tristram
Whetcombe, they will send an Answer by Messengers of
Punishing Compton, &c.
Mr. Pury reports the Bill for punishing Sir Henry
Compton and others, for monopolizing the Making of
Soap, &c. with some Amendments and Additions: The
which were twice read; and recommitted to the same
Committee: And the Committee has Power to name
Commissioners, and to receive and hear Petitioners, and
such others as desire to be heard: And they are to sit
this Afternoon, in the Star-chamber.
A Message from the Lords by Sir Ro. Riche and
The Lords have returned the Order concerning the
Assistance of One Lieutenant to another, upon Occasion;
which they assent unto, with the Alteration of One Word
only; viz. "such," instead of the Word "other."
Order concerning Whetcombe.
They agree likewise to this Order concerning Trestram
Whetcombe, with these Additions; viz.
Linea, Leave out "and Commons."
Linea, after the Word "Information," and before
the Word "that," insert "from the House of Commons."
Linea, leave out the Words "and Commons."
Answer returned by the same Messengers;
Answer to Lords.
The House has considered their Lordships Message;
And, as to the Order concerning One Lieutenant of One
County assisting another, upon Occasion; they do agree
to the Amendment: And, as to that concerning Tristram
Whittcombe, they will send Answer by Messengers of * *.
Answer from Lords.
Sir H. Mildmay brings Answer, That the Lords do
agree, that the Committee of the Lords and Commons,
concerning the Monies to be paid to the Scotts, do
meet this Afternoon, as is desired: They do likewise
agree, that Sir Wm. Fenton, formerly listed a Reformado
Captain of a Foot Company, by the Adventurers, be
now listed * * * *.
Commission of Array.
Ordered, That it be referred to the Lord Lieutenant of
the County of Worcester, and the Deputy Lieutenants,
Members of this House, to consider what is fit to be done
upon the Information given to this House, that the Commission of Array is come into Worcester.
Defence of the Kingdom.
Upon Mr. Marten's Report from the Committee for
the Defence of the Kingdom;
It was Resolved, upon the Question, That the Committee
appointed to take Care for the Defence of the Kingdom,
shall have Power to take, from time to time, out of the
Tower, or any other Place, where the publick Magazine
of his Majesty is disposed, such Proportions of Arms and
Ammunition as they shall see fit, for the Service wherewith they are intrusted; and to issue them accordingly.
Ordered, That this Vote shall be carried up to the
Lords by Mr. Marten: And their Lordships Concurrence
Payment to Wheeler.
Ordered, That the Commissioners appointed by the
Act for the Four first Subsidies, do grant their Warrant
to the Treasurers appointed by the Act to receive those
Subsidies, to issue out Twelve hundred Fifty-seven
Pounds Two Shillings and Eleven Pence, to Mr.
Wheeler, a Member of this House, for Repayment of
Monies already disbursed by him for the Service of the
Kingdom, in the Northern Parts; and to be disbursed
for the further Service of the Kingdom, as there shall be
Ordered, That Mr. Weston do make his Report this
Afternoon, at Four of the Clock, concerning the Letter-office.
Forces for Ireland.
Ordered, That the Committee of Adventurers do meet
this Afternoon, at Two .. Clock in the Exchequer
Chamber, to consider of Issuing out of Monies for the
Raising of Forces for Ireland.
Mr. Reynolds reports the Lord Wharton's Answer;
That he will give Warrant for raise....Men, according
to the Direction of this House.
E. of Stamford's, &c. Indemnity.
WHEREAS Henry Earl of Stamford was, by Ordinance of both Houses of Parliament, appointed Lord
Lieutenant of the County of Leicester; and, by the
Order of both the said Houses, the Magazine of the said
County was delivered into his Hands, to be removed or
disposed of, as he should think fit, for the Safety and
Defence of his Majesty and the Country: In Obedience
whereunto, the said Earl did take the said Magazine, and
did place a great Part thereof at his House at Bradgate,
under safe Guard; and the Residue thereof at a Place
in the Newwark, near the Town of Leicester: For the
doing whereof the said Earl, and also Wm. Sherman,
Wm. Stanley, John Norris, and Wm. Rayner, upon Pretence of being Assistants to the said Earl, and all other
his Adherents, were, without all Colour of Law, and
against the Right and Liberty of the Subject, proclaimed
Traytors; which, as concerning the said Earl being a
Member of the House of Peers, is a high Breach of
Privilege of Parliament: Be it therefore Declared, by the
said Lords and Commons, That the said Earl, Wm.
Sherman, Wm. Stanley, John Norris, Wm. Raynor, nor
any other of the Persons which were assisting to the said
Earl in the Premises, have done any thing therein but
according to their Duties, and in Obedience to the
Commands of both Houses of Parliament: And that
therefore the said Earl, and all other the said Persons
his Assistants, and every of them, shall and ought to be
protected by the Power and Authority of both Houses of
Parliament. And the said Lords and Commons do
hereby forbid all Sheriffs, Mayors, Bailiffs, Constables,
and other his Majesty's Officers and Subjects whatsoever, any way to arrest, impeach, molest, or trouble the
said Earl, Wm. Sherman, Wm. Stanley, John Norris,
Wm. Raynor, or any of them, or any other of the said
Persons so assisting to the said Earl, either in their Persons, Goods, or Estates, for or by reason of the Premises, without the Authority or Consent of both Houses
Indemnity for not attending the King.
THE Lords and Commons in Parliament do Declare,
That it is against the Laws and Liberties of the Kingdom,
that any of the Subjects thereof should be commanded
by the King to attend him at his Pleasure, but such as
... bound thereto by special Service: And, if any Messenger or Officers shall, by Colour of any Command
from his Majesty, or Warrant under his Majesty's
Hand, arrest, take, or carry away, any of his Majesty's
Subjects, to any Place whatsoever, contrary to their Wills,
that it is both against the Laws of the Land, the Liberty
of the Subjects, and is to the Disturbance of the publick
Peace of the Kingdom: And any of his Majesty's Subjects so arrested may lawfully refuse to obey such Arrests
Hastings', &c. Impeachment.
THE ingrossed Articles of Impeachment against
Henry Hastings, Sir Rich. Hawford Knight and Baronet, of Leicestershire, and others, were this Day read;
and, by Vote, upon the Question, assented unto; and
ordered to be carried up to the Lords.
Sir Jo. Holland went up to the Lords to desire a Conference concerning the Articles of Impeachment against
Henry Hastings Esquire, of the County of Leicester, and
others: and likewise a free Conference concerning the
Amendment sent down from the Lords, to the Order
concerning Trestram Whettcombe: He likewise carried
up the Declaration concerning the Earl of Stamford and
others, being proclaimed Traytors; and the Order concerning the Commanding of any of his Majesty's Subjects, by virtue of his Majesty's personal Command.
Levy Money, &c.
Resolved, upon the Question, That the Treasurers for
the Money that comes in upon the Acts of Subscriptions
for Reducing of Ireland, shall forthwith pay unto the several Captains of the Foot Companies designed for Munster,
after the Rate of Twenty Shillings a Man, for Levy
Money, for the Raising of their Men, and bringing them
to the Place where the Colonel General shall appoint.
And it is further Resolved, upon the Question, That
the said Treasurer shall likewise forthwith pay unto the
several Captains of Horse designed for Munster, the Sum
of Twelve Pounds, for the Raising of each Horse, and
bringing them to such Place of Rendezvous as the said
Colonel General shall appoint: And that all the said
Captains shall attend To-morrow, at Guildhall, for the
Receiving of their Monies accordingly.
And lastly, it is Ordered, That the Serjeants, Trumpeters, Drummers, Corporals, and other inferior Officers,
designed for this Service, shall be paid their Pay from
the Time of their several and respective Entertainments:
And that these several Captains, before they receive their
Monies, shall enter into Indentures, as is usual; and give
such Security for the true Performance of their Undertakings, as the Committee for London shall think fit.
Proceedings concerning Sir J. Mennes.
A Message from the Lords, by Serjeant Glanvile and
The Lords do signify, that Sir Jo. Mennes was sent for,
by Order from the Lords, at the Motion of this House:
That he did appear at the Day accordingly; and doth
still attend: And that his Excuse is, that, so soon as he
understood that the Earl of Warwick had an Ordinance
from both Houses, he submitted himself: They were
very well satisfied with the Truth of it; the rather, being
certified thereof by the Earl of Warwick: That they
intend speedily to inlarge him, unless this House hath
something more to say unto him.
Answer returned by the same Messengers; the House
has considered of their Lordships Message; and is very
well satisfied with their Lordships Intentions for the Inlargement of Sir Jo. Mennes.
Answer from Lords.
Sir Jo. Holland brings Answer, That the Lords do
agree to a Conference concerning the Articles of Impeachment against Henry Hastings of Leicestershire, and
others; and to a free Conference concerning the Amendment to the Order concerning Trestram Whetcomb: And
as to the Orders, they will send Answer by Messengers
of their own.
Mr. Whittlock, Mr. Prideaux, Mr. Peard, are appointed Managers of these Conferences.
Petition against the Ld. Mayor.
The humble Petition of divers Common-council-men
of the City of London, complaining of sundry Abuses in
the Government of the City, and especially in obstructing
the Calling of Common Councils, and free Voting and
Debating there when they are called; all occasioned chiefly
by the present Lord Mayor Sir Rich. Gourney, and some
Aldermen siding with him, as the Petition expresseth;
was this Day read.
And then divers of the Petitioners were called in; and
did avow the Petition: And
It is Ordered, That this Petition be referred to Mr.
Peard, Mr. Glyn, Mr. Prideaux, Mr. Pury, Mr. Serjeant Wilde, to insert the Matters contained in this Petition, as an additional Charge to the Articles against the
Lord Mayor: And some of the Petitioners that can
prove the Particulars, do attend To-morrow Morning.
at Seven of Clock, in the Court of Wards, to prove the
The Petitioners were again called in: And Mr.
Speaker, by the Command of the House, told them,
"That they have read the Petition; and find in it Complaints of a high Nature, and fit for a speedy Redress:
They have therefore referred it to a Committee: And
do require some of you, the Petitioners, to attend the
said Committee To-morrow, at Seven of Clock, in the
Court of Wards."
Answer from Lords.
Mr. Marten brings Answer, That the Lords will send
Answer by Messengers of their own.
Ld. Howard's, &c. Bonds.
Ordered, That the Bonds entered into by the Lord
Howard of Escrig, and others, for the Appearance of
Colonel Wm. Ashburnham, be delivered up by the
Serjeant unto them.
It is likewise Ordered, That the Bonds entered into by
the Earls of Bedford and Essex, for the Appearance of
Commissary Willmott and Captain Pollard, be delivered
up unto them by the Serjeant.
Defence of Hull.
It is Ordained, by the Lords and Commons in Parliament, That Two thousand Men shall be forthwith sent
for the Relief and Defence of the Town of Hull, and
assisting Sir John Hotham in keeping the same, according
to the former Ordinance in that behalf; which Men are
to be raised by the beating of the Drum in the City of
London, the Suburbs, and adjoining Parts, in the several
Counties of Middlesex, Essex, Kent, and Surrey, and
such other Counties of the Kingdom as shall be thought
fit by the Committee of Lords and Commons, appointed
to take Care for the Defence of the Kingdom: That the
said Two thousand Men shall be put into Ten Companies, each Company consisting of Two hundred Men:
All which, after their Arrival in Hull, are to be obedient
to Sir John Hotham, Governor there; and to defend the
same for his Majesty's Service, and the Peace of the
Kingdom, according to the Ordinance of both Houses of
Parliament; and in so doing, they shall be protected by
the Power and Authority of Parliament.
The Lords and Commons assembled in Parliament,
do appoint and constitute A. B. Captain of One Foot
Company, of Two hundred Men, to be raised by Beating of the Drum in the City of London, and in the Liberties and Suburbs thereof, or in the adjoining Counties
of Middlesex, Essex, Kent, and Surrey, for Defence and
Security of the Town of Hull, and for the Preservation
of his Majesty, and the Peace of the Kingdom: Which
Company shall be obedient unto Sir John Hotham, who
is, by an Ordinance of both Houses of Parliament, Governor of the said Town. And the said Lords and
Commons do likewise give the said A. B. Power to make
Choice of his Lieutenant, Ensign, and such other Officers
as shall be requisite for the Ordering of such a Foot
Company. And they do further Order, That the said
Captain, his Officers, and Soldiers, shall all be protected
in their Performance of this Service by the Authority of
both Houses of Parliament.
Resolved, upon the Question, That these Orders, thus
amended, shall be carried up to the Lords, for their
Consent, by Mr. Holles.