House of Commons Journal Volume 2: 11 February 1643

Pages 961-963

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 Sabbati, 11 Februarii, 1642.


Office of the Rolls.

ORDERED, That Richard Broughton and John Claydon, Clerks of the Rolls, be required and injoined to receive the Key of the Rolls, from time to time, from Mr. Speaker; and to return the same at all such Times as they shall be required by Mr. Speaker; and to deliver them to none other but such as he shall appoint; and to execute and perform their Duties belonging to their Places: And likewise that Mr. Hatton, Usher of the Rolls, be required and injoined to give his Attendance there, as by the Duty of his Place he ought to do, or otherwise that this House will take Care to put such others in their or any of their Places as shall perform their Duties, and yield their Obedience to the Orders of this House.

Person to attend.

Ordered, That * *, the Lord Keeper's Receiver of the Monies arising upon the Casualties in the Rolls, do forthwith attend the House.

Removing a Prisoner;

Ordered, That Sir Edward Seymour, a Prisoner in Winchester House, by Order of this House, be forthwith removed from thence to the Prison of the King's Bench:

Actions against him.

And that it shall be lawful for any Man to lay Actions upon him, notwithstanding his being a Prisoner by Order of this House.

Keeling, a Prisoner.

Resolved, &c. That Mr. Keeling, a Prisoner in Elye House, and formerly ordered to be removed to Windesore Castle, shall, notwithstanding, still continue there, until the House take farther Order.

Message to Lords.

Mr. Serjeant Wilde carried up to the Lords the Two Ordinances for assessing upon Non-contributors, and for the Settling of a weekly Assessment: The Declaration concerning the Bailing of Prisoners committed by Parliament: The Ordinance for Sequestring the Parsonage of St. Martin's Vintree, London: And was likewise appointed to acquaint the Lords, that this House intends to sit this Afternoon at Three of Clock; and to desire their Lordships to do the like, if it may stand with their Conveniency.

Letter to Ld. Inchequin.

The Draught of a Letter to be sent from Mr. Speaker to the Lord Inchequin, in Answer of Two from his Lordship, of the 12th and 19th of January last, was read; and assented unto; and ordered to be signed by Mr. Speaker, and sent accordingly.

A Letter to the Lord Inchequin, and the Council of War.....

Attye's Creditors.

Ordered, That the Creditors of Charles Attye, deceased, shall have an Ordnance for the Sum of Two thousand Five hundred Pounds, upon the Publick Faith: and that the Committee for Irish Affairs have Power to send for Mr. Read, and all other Persons concerned therein, to shew Cause why they should not consent to the same.

Seizing Ordnance.

Ordered, That Sir Jo. Francklyn Knight, and Sir Edw. Barkham Baronet, do seize the Ordnance in the Military Yard in St. Martin's, Westminster; and take them out of his Custody where now they are; and to remove them to St. Stephens Court, Westminster: And the House doth undertake and promise to restore the said Pieces, so soon as the Times and these Parts shall be quieter.

Answer from Lords.

Serjeant Wilde brings...., That, as to the Ordinances and Declarations carried up by him to the Lords, they will send Answer by Messengers of their own.

Warrant to go to Oxford.

Ordered, That * *, a Servant of Sir Robert Crane's, shall have Mr. Speaker's Warrant to go to Oxon, and to return: Provided that he carry no Letters, or any thing else that may be prejudicial to the Service of the Parliament.

Punishing Soldiers.

Whereas there is daily Complaint made of divers Soldiers, by their Captains and Officers, for their Neglect in not doing their Duties at their several Courts of Guard, and other Services: Ordered, That it be referred to the Committee for the Quartering of Soldiers, to call such Persons before them, and to inflict such Punishment upon them, for their said Neglect, as they shall think fit.

And it is further Ordered, That Colonel Moore, a Member of this House, shall have the like Command over the Outguards and Watches in Southwarke, as he hath over the Guards and Watches in about London.

A Message from the Lords, by Sir Robert Riche and Mr. Page;

Confession for Fast Day.

The Lords have returned this Confession, which they received from this House, with some Additions of their own; and do assent unto it, with these Additions: And that, if this House doth assent unto it, they do desire it may be printed and published.

Petition from a Prisoner.

They have likewise sent down the Petition of Sir Edw. Berkeley Knight, a Prisoner in the Compter in the Poultry, London, by the Order of Parliament; desiring, upon Bail, to be removed into some convenient Place in London. The Lords are inclinable to grant his Request.


They have likewise sent down the Petition of John Broccas, now a close Prisoner in the Compter, for suffering Captain Legg to escape out of the Gatehouse, while he was Under-keeper there; desiring either his Inlargement, or some Means to maintain him in his Restraint.

Confession for Fast Day.

The Confession, with the Additions, was read, and committed unto Mr. Rous, Mr. Holles, Mr. Whittlock, Mr. Glyn, and the Committee that brought in the former.

Answer to Lords.

Answer returned by the same Messengers; That this House will return Answer by Messengers of their own.

Malignants Estates.

Mr. Millington, who carried up the Order concerning the Committees of Nottingham to have Power to seize the Estates of Malignants in that County, brings Answer, That the Lords will send Answer, by Messengers of their own.

Irish Affairs.

Sir Jo. Clotworthy brings Answer, That he carried up to the Lords the Sixteen or Seventeen Orders concerning the Affairs of Ireland, passed the other Day: And that the Lords Answer is, That they do agree unto them all.

Army Arrears.

Ordered, That it be referred to the Committee for Monies that sit at Haberdashers Hall, to consider of the Paying of Colonel Venn the Arrears due unto his Regiment, according to his Accounts already perfected.

Accounts of Subscriptions.

WHEREAS divers Sums of Money, upon the Propositions of both Houses of Parliament, for the Raising of Horse, Horsemen, and Arms, for Defence of the King, Parliament, and Kingdom, have been raised and paid to divers Treasurers deputed by Order of this House, in several Counties of this Kingdom; which Treasurers have yet passed no Account thereof to this House; and that divers Sums so subscribed are not yet paid to the said Treasurers, or by them to the Treasurers of Money and Plate in Guildhall, London: It is now Ordered, That the several Knights, Citizens, and Burgesses, of this House, do forthwith bring in the Names of all such Persons as, within the said several Counties and Places for which they serve, have been appointed to collect and receive any Sum or Sums of Money, for the Use aforesaid; together with the Names of the Places where such Collectors and Receivers do live and inhabit; and to bring in the same to the Clerk of this House, within Eight Days: Whereupon the said Clerk shall deliver the said Notes to some of the Committee of Lords and Commons for Advance of Monies for the Army: Which Committee shall hereby have Power to issue Warrants to all and every the said Treasurers, and Collectors, and Receivers, to require them forthwith to repair to the said Committee, there to pass their several Accounts, touching the Premises; as also to bring in all such Sums of Money as shall appear upon their Accounts to remain in their Custody, to the said Treasurers at Guildhall, London; and likewise the Names of all such as have subscribed any Sums of Money, and have not paid the same: Wherein if they fail, this House, upon Certificate from the said Committee of such Default, will proceed against them as Contemners of the Orders of this House, and Abusers of the Trust reposed in them. And it is further Ordered, That this Order be printed and published, as the said Committee of Lords and Commons for Advance of Money shall direct.

Englishmen on board Dutch Ships.

A Letter from Captain Rich. Swanley, Captain of his Majesty's Ship the Charles, riding at Cowes, of the Tenth of February, 1642, relating how that according to a Proclamation from his Majesty, set forth in the Year 1639, commanding that none of his Subjects should depart out of his Kingdom to sail with other Nations, he sent to Captain Whittavell, Vice Admiral to Van Trump, Commander of the Holland Fleet, now in Cowes Road, bound for East India, demanding of him that such of the English Nation as are aboard that Fleet, might be delivered unto his Boatswain, and sent aboard him; the which he refusing, he renewed his Demand: Which the Holland Vice Admiral still refusing; in pursuance of that Demand he sent to the Captain of Cowes Castle, and to the Mayor and the rest of the Corporation of Newporte in the Isle of Wighte, commanding that there be no Provisions sent from any of the Places under their respective Jurisdictions, aboard the Holland Ships, now riding in the Cowes Road, or in any other Parts about the Island, 'till such Time as they obey his Majesty's Commission for the Delivery of such Englishmen as they have aboard of them; was read: And likewise

The Copies of Captain Swanley's Letters to the Holland Vice Admiral, and his Warrants to the Captain of Cowes Castle, and the Mayor and Corporation of Newporte in the Isle of Weighte, were all read: And

It is Ordered, That Sir Hen. Vaine junior, and Mr. Lisle, are appointed to prepare a Letter to be sent to Captain Swanley, to require him to withdraw his Warrants for the Restraint of Provisions to be carried aboard the Holland Fleet: And Mr. Pym is appointed to write to Mr. Strickland, to acquaint him with the Occasion of this Accident; and what Order and Course this House has taken in this Business, that he may satisfy the States herein.

Message to Lords.

Sir Robert Harley carried up to..... the Ordinance for Raising Forces, and Monies to maintain them, in the Counties of Wiltess, Gloucester, &c. to be under the Command of Sir William Waller; and likewise the Ordinance for Raising of Forces, and Monies to maintain them, in the County of Southampton, to be under the Command of Sir Thomas Jervoise.

Treaty with the King.

According to the Order Yesterday made, the House fell into the Debate of that Part of the Lords Proposition, which concerns a present Treaty upon the Propositions, before the Disbanding of the Armies.

The Question being put, Whether there should be a Treaty upon the Propositions, before the Disbanding of the Armies;

The House was divided.
The Yeas went forth.
Mr. Holles, Tellers for the Yea: 86.
Sir Jo. Evelyn, With the Yea,
Sir Philip Stapilton, Tellers for the Noe: 100.
Sir Gilbert Gerard, With the Noe,
So that it passed with the Negative.

Mr. Glyn, Mr. Pym, Mr. Hampden, Mr. Whitlocke, Sir Ph. Stapilton, Mr. Prideaux, Mr. Martyn, Sir Wm. Armyn.

This Committee is appointed to prepare Heads for a Conference with the Lords, concerning the Votes passed, touching the Propositions; and to present Reasons of this House differing with the Lords in their Votes: And are to bring them in on Monday Morning: And Mr. Pym is desired to take a special Care herein; and to manage the Conference: And are to meet on Monday Morning, at Eight Clock, in the Court of Wards.

Horse seized.

Ordered, That the Horse belonging to the Lord Cockaine, informed to be given unto him by the late Earl of Nottingham deceased, and acknowledged by the Countess of Nottingham to be in her Possession, shall, not with standing the Desire of the said Countess to detain the same, be forthwith delivered to Sir Arthur Haselrigg, or such as he shall appoint: to be employed in the Service of the Parliament and Kingdom.

Treaty with the King.

Resolved, upon the Question, That, forthwith after the Disbanding of both Armies, this House will send a Committee to attend his Majesty, by an humble Treaty, to give him due Satisfaction concerning the Propositions sent to them from his Majesty; and those presented from them to his Majesty.

Resolved, &c. That the Lords be moved to join herein.

Trained Bands.

It is this Day Ordered, That the Lord Mayor and Sheriffs of the City of London, do, on Monday and Tuesday next, give Directions for the drawing forth such of the Trained Bands as they shall think fit.

Ordered, That the Earl of Holland be desired from this House to give Directions that such of the Trained Bands be drawn forth on Monday and Tuesday next, as his Lordship shall think fit.

Haberdashers Hall Committee.

Ordered, That Mr. Holland be added to the Committee at Haberdashers Hall, instead of Mr. Spurstoe: And Mr. Corbett to be added instead of Mr. Vassell.

Winchelsea Writ.

Ordered, That a Warrant be granted for the Election of another Burgess to serve in this present Parliament for the Town of Winchelsea, in the Room and Stead of Sir John Finch, Knight, formerly elected to serve for that Place, and since deceased.

Plate, &c. seized.

Ordered, That it be referred to the Committee of Examinations, to examine the Business concerning the Plate seized in the Lord Cottington's House, and presented to belong to the Parishioners of Hanworth in the County of Middlesex; and to consider of the Petition of the said Parishioners.

Ordered, That Captain Harvey do keep in his Custody the Arms and Ordinance which he seized on at the Lord Cottington's House, until this House take farther Order.