House of Commons Journal Volume 2: 03 May 1642

Pages 554-556

Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.

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Die Martis, 3 Maii, 1642.


Proceedings against Leveson.

ORDERED, That Mr. Thomas Leveson, of Ashmere, be forthwith summoned to attend this House: And Mr. Serjeant Evers is to attend my Lord Keeper; and to desire, that a Ne exeat Regnum be entered against him.

Ld. Herbert's Offer.

The humble Offer of Edward Lord Herbert, of Advancing of Five hundred Pounds per Annum accruing out of the Benefit of a Waterwork of his Invention; or for the Advancing of a present Sum of Five or Six thousand Pounds, upon the Security of this Annuity of Five hundred Pounds per Annum, or otherwise to be secured; and, upon the Question, laid aside.

Andevor Election.

Sir H. Herbert reports the State of the Election for Andevor:

There are in the Town Twenty-four Burgesses, that have Right of Election: That Eighteen only appeared; and that Nine were for Mr. Vernon, and Nine for Sir Wm. Waller: That the Bailiff, who challenges a casting Voice, gave his Voice for Mr. Vernon; and returned him: That there was One Mr. Bourne who was elected, but not sworn, that was there at the Door; but could not be admitted during the Time of the Election: The Election being done, he came to the Bailiff, and said, that he was there to give his Voice to Sir Wm. Waller: The Bailiff answered him, That he had no Voice there; being only elected a Burgess, and not sworn. There were Two other Burgesses, Wm. Barwick, and another, that were at the Town-hall before the Election began; but they were all generally put out, as not being sworn: But they came not to give their Voice, during the Time of the Election, as the other did; but, after the Election ended, then they came, and said that they were come to give their Voices for Mr. Vernon.

Resolved, upon the Question, That Mr. Vernon's Election to serve as a Burgess in this Parliament, for the Town of Andevor, is void;

The Question being proposed, Whether Sir Wm. Waller's Election be good;

The House was divided.
The Yeas went forth.
Sir Philip Stapilton, Tellers for the Yea, 107.
Mr. Jo. Moore,
Mr. Kirton, Tellers for the Noe, 102.
Sir Edward Alford,

Resolved, upon the Question, That the Election of Sir Wm. Waller, for a Burgess for the Town of Andevor, is a good Election: And that the Bailiff of the said Town do, at the Bar, mend the Return.

Yorkeshire Committee.

Upon Mr. Pym's Report, That the Committees appointed to prepare Instructions for the Committees for Yorkeshire, could not proceed till it were decided, Whether the Committees sent into Yorkeshire, should attend his Majesty;

It was Resolved, upon the Question, That the Committees sent from both Houses into Yorkeshire, shall have Directions to attend his Majesty.

Ordered, That this whole Business be recommitted to the same Committee of the Lords and Commons.


A Declaration to accompany the Ordinance of the Militia, was read; and by Vote, upon the Question, assented unto; and ordered to be sent up unto the Lords, to desire their Assent.

Bailing a Prisoner.

Resolved, upon the Question, That Serjeant Boone, now in the Serjeant's Custody, as a Delinquent, by a former Order of this House, shall be forthwith bailed.

Deputy Lieutenant.

Resolved, upon the Question, That this House doth approve of Sir Edw. Loftus, recommended by the Lord Lieutenant of Yorke, to be Deputy Lieutenant of that County.

House to meet.

Ordered, That the House meet this Afternoon, at Four of Clock.

Post Meridiem

Tothill Fields Church.

ORDERED, That the Committee for the Bill concerning Christ Church, in Tothill Fields, do meet on Thursday next, at Two post meridiem, in the Duchy Chamber.


Ordered, That the Clerk of the Crown in Chancery do prepare a Draught of a Commission to be granted to the Adventurers for additional Forces by Sea, according to the Propositions made by them, assented unto by both Houses; and that he send the Draught of the said Commission hither, to be considered of by this House.

New River Corporation.

1a vice lecta est Billa, An Act for Confirmation of Letters Patents, by his late Majesty King James, to the Corporation of the New River brought from Chadwell and Amwell, in the County of Herts, to London, &c.

Restraining Buildings.

2da vice lecta est Billa, An Act to prevent and suppress the Increase of new Buildings in or near the Cities of London and Westminster, or the Suburbs thereof; and upon Question, committed unto Mr. Vassall, Mr. Grimston, Mr. Prideaux, Mr. Ven, and the Committee for Lincolne's Inn Buildings, and the Burgesses of London and Westminster, and the Knights and Burgesses of Middlesex: And are to meet on Monday come Fortnight, at Two post meridiem, in the Exchequer Chamber: And have Power to send for Parties, Witnesses, Papers, Records.


Ordered, That the Proposition of John Round, this Day made to this House concerning Salt-petre, be referred to the Consideration of the Committee for Gunpowder.

Papists in Dublyn.

That the Consideration of the great Numbers of Papists, residing in Dublyn, be referred to the Commissioners for Irish Affairs, to think of some expedient Way to prevent any Inconvenience that may happen by their Numbers; and to propound it to the House.

Payment to Hotham.

Mr. Cromwell is appointed to carry up the Order concerning the Payment of Two thousand Pounds to Sir Jo. Hotham, out of the Monies lent by the Gentlemen of Bucks.

Pluralities, &c.

A Message from the Lords, by Sir Ro. Riche and Dr. Littleton;

The Lords have returned a Bill unto you again concerning Pluralities and Non-residents: They have agreed to the Amendments; but only they have added a Proviso: The which was twice read.

The Time being in the Bill, that the Pluralists should resign by the First of June; it was

Resolved, upon the Question, That the Word "June" should be made "the First of August" through the whole Bill.

Payment to Hotham.

Mr. Cromwell brings Answer, That the Lords agree to the Order for the Payment of Two thousand Pounds to Sir Jo. Hotham.


Sir Walth. Erle is appointed to go to the Lords to desire a Conference, by a Committee of both Houses, concerning the Bill of Pluralities.

Sir Walth. Erle brings Answer, That the Lords do assent unto a present Conference, as is desired.

Sir Ro. Harley, Sir Walth. Erle, Mr. Prideaux, are appointed Managers of this Conference.

Sir Ro. Harley brings Answer, That he had acquainted the Lords, that this House has considered of the Amendments and Proviso; and have assented unto the Proviso, and all the Amendments, but That of the First of June; the which they conceive to be too short. The Lords retired; and then brought out the Amendment agreed unto to be the First of August: The which was read: And

It was Resolved, upon the Question, That this House doth assent unto the Proviso, and the Amendments; and the Bill ordered to be amended accordingly.

Message to Lords.

Ordered, That Mr. Reynolds do desire the Lords Commissioners to sit this Evening; in regard Information is come to this House, That Two thousand Soldiers are now at Mynhead in Somersettshire; and there wants Monies, and other Necessaries, for their Transportation. He likewise carried up the Declaration appointed to accompany the Ordinance for the Militia, this Day read, and passed this House: And likewise an Order concerning Liberty to be given to the Citizens of London to exercise their Soldiers, in convenient Places, within Three Miles of the City: And is to desire their Lordships Concurrence in them.

Royal Assent to a Bill.

The Gentleman Usher of the Lords House came and acquainted Mr. Speaker, and this House, That his Majesty had given his Assent unto the Bill of Tonage and Poundage, by Commission; and desired the House to come to see it pass.

London Trained Bands.

Ordered, By the Lords and Commons, That the Persons intrusted with the Ordering of the Militia of the City of London, shall have Power to draw the Trained Bands of the said City into such usual and convenient Places, within Three Miles of the said City, as to them, from time to time, shall seem fit for the Training and Exercising of the Soldiers: And that the Soldiers, upon Summons, shall, from time to time, appear, and not depart from their Colours, without the Consent of their Officers, as they will answer their Contempt to the Parliament.

Delavall's, &c. Petition.

Ordered, That the Committee to the which the Petition and the Business concerning Sir Jo. Delavall Knight and Edw. Gray Esquire is referred, shall have Power to proceed upon the Copy of the original Information; the Original being not to be come by; and the Parties concerned believing it to be a true Copy.

Dawes' Creditors.

Whereas, by former Order from this House, dated the Fifteenth of November 1641, the Creditors of Sir Thomas Dawes Knight and Michael Fawkes Esquire, were injoined to stay all Proceedings at Law against the said Sir Tho. Dawes, and his Estate, until the House should have convenient Time to pass the Bill, as by the said Order more at large appeareth: Now, for that it appeareth, that the said Fawkes was no Creditor to the said Sir Thomas Dawes; but the Cause depending between . . . in the Exchequer, was for a Trespass; this House doth therefore think fit, and Order, That the said Michael Fawkes shall be exempt from the said Order, and left to his Remedy at Law against the said Sir Tho. Dawes, and his Estate.

Answer from Lords.

Mr. Reynolds brings Answer, That the Commissioners will sit this Afternoon: And that they agree unto the Order for the City to exercise their Bands within Three Miles of the City of London, as is therein expressed: And as to the Declaration to accompany the Ordinance of the Militia, they will send Answer by Messengers of their own.

Transactions with Scotland.

Ordered, That this House doth appoint Henry Bellassis Esquire, Sir Tho. Barrington Knight and Baronet, Sir Gilbert Gerard Baronet, Sir Henry Mildmay Knight, Master of the Jewel-house, to be the Four Commissioners, to whom the Scotts Commissioners may resort unto, for Receiving of their Monies.

Declaration concerning the Militia.

THE Lords and Commons holding it necessary for the Peace and Safety of this Kingdom to settle the Militia thereof, did, for that Purpose, prepare an Ordinance of Parliament, and with all Humility, did present the same to his Majesty for his Royal Assent; who notwithstanding the faithful Advice of his Parliament, and the several Reasons offered by them of the Necessity thereof, for the Securing of his Majesty's Person, and the Peace and Safety of his People, did refuse to give his Consent: And thereupon they were necessitated, in Discharge of the Trust reposed in them, as the representative Body of the Kingdom, to make an Ordinance by Authority of both Houses, to settle the Militia; warranted thereunto by the fundamental Laws of the Land: His Majesty, taking notice thereof, did by several Messages, invite them to settle the same by Act of Parliament; affirming, in his Message sent in Answer to the Petition of both Houses, presented to his Majesty at Yorke, March Twenty-sixth, that He always thought necessary the same should be settled; and that he never denied the Thing, only denied the Way; and, for the Matter of it, took Exception only to the Preface, as a thing not standing with his Honour to consent to; and that himself was excluded in the Execution, and for a Time unlimited: Whereupon, the Lords and Commons, being desirous to give his Majesty all Satisfaction that might be, even to the least Tittle of Form and Circumstance; and, when his Majesty was pleased to offer them a Bill ready drawn, did, for no other Cause than to manifest their hearty Affection to comply with his Majesty's Desire, and obtain his Consent, entertain the same, and in the mean time no way declining their Ordinance; and to express their earnest Zeal to correspond with his Majesty's Desire in all things that might consist with the Peace and Safety of the Kingdom, and the Trust reposed in them, did pass that Bill; and therein omitted the Preamble inserted before the Ordinance; limited the Time to less than Two Years: and confined the Authority of the Lieutenants of these Three Particulars; namely, Rebellion, Insurrection, and foreign Invasion: and returned the same to his Majesty for his Royal Assent: But all these Expressions of Affection and Loyalty, all these Desires and earnest Endeavours to comply with his Majesty, hath, to their great Grief and Sorrow, produced no better Effect, than an absolute Denial even of That his Majesty, by his former Messages, as we conceive, had promised; the Advice of evil and wicked Counsels receiving still more Credit with him than That of his great Council of Parliament, in a Matter of so high Importance, that the Safety of his Kingdom, and Peace of his People, depends upon it. But now what must be the Exceptions to this Bill? Not any, sure, that was to the Ordinance; for a Care was taken to give Satisfaction in all those Particulars. Then the Exception was, because that the Disposing and Execution thereof was referred to both Houses of Parliament, and his Majesty excluded: And Now, that by the Bill the Power and the Execution is ascertained, and reduced to Particulars, and the Law of the Realm made the Rule thereof, his Majesty will not trust the Persons: The Power is too great; too unlimited, to trust them with. But what is that Power? Is it any other but, in express Terms, to suppress Rebellion, Insurrection, and foreign Invasion? And who are those Persons? Are they not such as were nominated by the Great Council of the Kingdom, and assented to by his Majesty? And is it too great a Power to trust those Persons with the Suppression of Rebellion, Insurrection, and foreign Invasion? Surely the most wicked of them that advised his Majesty to this Answer, cannot suggest, but that it is necessary for the Safety of his Majesty's Royal Person, and the Peace of the Kingdom, such a Power should be put in some Hands; and there is no Pretence of Exception to the Persons. His Majesty, for the Space of above Fifteen Years together, thought not a Power far exceeding this, to be too great to intrust particular Persons with; to whose Will the Lives and Liberties of his People, by martial Laws, were made subject: For such was the Power given to Lord Lieutenants and Deputy Lieutenants in every County of his Kingdom; and That without the Consent of his People, or Authority of Law: But now, in case of extreme Necessity, upon the Advice of both Houses of Parliament, for no longer Space than Two Years, a lesser Power (and That for the Safety of King and People) is thought too great to trust particular Persons with, though named by both Houses of Parliament, and approved of by his Majesty himself. And surely, if there be a Necessity to settle the Militia, (which his Majesty was pleased to confess) the Persons cannot be intrusted with less Power than this, to have it at all effectual: And the Precedents of former Ages, when there happened a Necessity to raise such a Power, never streightened That Power to a narrower Compass. Witness the Commissions of Array in several Kings Reigns; and often issued out by the Consent and Authority of Parliament. The Lords and Commons therefore intrusted with the Safety of the Kingdom, and Peace of the People (which, they call God to witness is their only Aim) finding themselves denied these their so necessary and just Demands; and that they can never be discharged before God or Man, if they should suffer the Safety of the Kingdom, and Peace of the People, to be exposed to the Malice of the malignant Party at home, or the Fury of Enemies from abroad; and knowing no other Way to encounter the imminent and approaching Danger, but by putting the People into a fit Posture of Defence; do resolve to put their said Ordinance in present Execution: And do require all Persons in Authority, by virtue of the said Ordinance, forthwith to put the same in Execution; and all others to obey it, according to the fundamental Laws of the Land in each Cases; as they tender the upholding of the true Protestant Religion, the Safety of his Majesty's Person and his Royal Posterity, the Peace of the Kingdom, and the Being of this Commonwealth.