Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, videlicet, 27 Junii.
The Lord Wharton was appointed to be Speaker this Day.
Order for 100 l. for Irish Ministers.
Ordered, That the Clerk of the Crown shall distribute One Hundred Pounds of the Contribution-money to several Ministers that are come (fn. 1) out of Ireland.
Letter from the E. of Bolingbroke, about the Militia.
A Letter written to the Speaker, from the Earl of Bollingbrooke, touching the Militia. (Here enter it.)
The Earl of Exon will send in Five Hundred Pounds for the raising of Horses.
E. of Danby to be confulted about the Propositions.
The Lord Admiral, having the Proxy of the Earl of Danby, is to write to him, to know what he will do concerning the Propositions for bringing in Money and Plate for raising of Horse.
E. of Exeter's Privilege.
Upon reading a Letter of the Earl of Exerter, that Colly, his Servant, is arrested, contrary to the Privilege of Parliament; it is Ordered, That the Proceedings in the King's Bench (fn. 1)
Message from the H. C.
A Message was brought from the House of Commons, by Mr. Cromewell:
with Deputy Lieutenants Names;
1. That Sir Robt. Litton and Clement Trogmorton may be Deputy Lieutenants in the County of Warwickshire.
with the Instructions for Warwickshire;
2. He brought up the Instructions for Warwickshire, with the Amendment, to which the House of Commons agreed.
and to desire the E. of Northampton may be sent for as a Delinquent.
3. They are informed, by a Letter, that the Earl of Northampton is coming into Warwickeshire, to execute the Commission of Array, to oppose the Ordinance of the Militia: The House of Commons desire that the Earl of Northampton may be sent for, as a Delinquent, as the Earl of Lindsey was. (Here enter it.)
Order for the impeached Lords to answer, served upon them.
Tho. Phillips, Messenger, deposed, upon Oath, "That he had served the Nine Lords with the Order of this House, dated the 16th of June, to appear here, being impeached by the House of Commons."
Votes about the Canons to be printed.
Ordered, That the Votes concerning the Canons shall be forthwith printed and published.
Tonnage and Poundage Bill.
Hodie 1a & 2a vice lecta est Billa, A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandize exported and imported.
It was moved, "To have a Conference with the House of Commons, touching the Proviso of the Fees to be paid to the Officers to be ascertained to the 14th of King James; and the Proviso for the exporting of White Cloths undressed, which is a Thing much concerning this Kingdom, in setting the Poor on Work; therefore to be left out."
Message from the H. C.
A Message was brought from the House of Commons, by Sir Walter Earle:
about Galway and the Scots Propositions.
1. To desire a Conference, concerning the Town of Galloway in Ireland, and concerning the Scotts Propositions.
Whether the Judges intend to adjourn the next Term to York.
2. They are informed that the Judges have an Intention to adjourn the next Term to Yorke: They desire that the Judges may be asked whether there be any such Intention, or no.
Judges to answer this;
Ordered, That the Judges are to be here this Afternoon and give an Account concerning the Adjournment of the Term.
and with an Order for Arrears due to Commanders.
3. To desire their Lordships Concurrence in an Order concerning the Payment of some Commanders which are in Arrears.
A Message was sent to the House of Commons, by Sir Edw. Leech and Dr. Aylott:
Message to the H. C. for a Conference on the Tonnage and Poundage Bill.
To desire a Conference, touching the Bill of Tonnage and Poundage.
House adjourned during Pleasure, and the Lords went to the Conference.
Ordered, This Report to be made this Afternoon.
E. of Cleveland's Privilege.
Ordered, That John Fynch, a menial Servant of the Earl of Cleveland, being arrested, and imprisoned in Hertford Goal, shall be released, being arrested contrary to the Privilege of Parliament.
L. Dunsemore sent for.
Ordered, That the Lord Dunsemore shall be sent for, to come and attend this House.
Harrington and Talcott.
Upon reading the Petition of Edmond Harrington, &c. against Talcott; shall be referred to the Earl Stamford, Lord Brooke, Lord Newnham, and the Lord Hunsden, or any Two of them.
The Messengers (fn. 1) return with this Answer from the House of Commons:
Answer from the H. C.
That they will give a present Meeting, as is desired.
House adjourned during Pleasure, and the Lords went to the Conference.
E. of Bolingbrooke Letter about the Bedfordshire Militia.
"I have, according to your Lordships Command, put in Execution the Militia of this little County of Bedford, wherein I have found such chearful and willing Obedience and Appearance as I have not seen any where heretofore at any Time. The Trained Bands are in Number Five Hundred, under Three Captains, very worthy Gentlemen, all well armed. The Voluntiers, which have offered and presented themselves most affectionately for the Safety of the Person of the King, the Kingdom, and the Parliament, are as many in Number, if not more; most of them very well armed, and the rest will be speedily: They have put themselves under several Captains, very worthy Gentlemen also of our Country.
"My Lords, least I should mispend any of your precious Time from the most weighty Affairs, I do omit many unnecessary Particulars; every Thing having been conformed unto with such Alacrity and Readiness: And now I have nothing else, but to profess myself ever to be,
Woburne, this 25th of June, 1642.
"Your Lordships most humble Servant,
Order for the Arrears due to the following Officers.
"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the several Sums of Money appearing to be due by Sir William Uvedall's Accompt, delivered in to the House, unto the several Officers hereunder named, as the Arrear of their Personal Entertainment in the late Northern Expedition, be forthwith paid unto them, on their Assigns, by the Treasurers appointed to receive the Monies that shall come in upon the Bill of Four Hundred Thousand Pounds, out of the Monies that shall be paid in from the County of Essex upon the said Act of Four Hundred Thousand Pounds: videlicet,
"Captain Francis Palmes.
Sir Jo. Merricke.
Sir Jo. Powlett.
Captain Robt. Russell.
Major Wm. Brockett.
Captain Edward Dowse.
Captain Tho. Sandford.
Captain Tho. Trafford.
Captain Abraham Yarner.
Lieutenant Colonel Ballard.
Serjeant Major Tho. Latham."
Letter to Lord Brook from Mr. Barker, about the E. of Northampton putting in Execution the Commission of Array for Warwickshire.
"This Saturday, about Eleven of the Clock in the Morning, there came Intelligence to the Mayor and Aldermen of the City of Coventry, that the Earl of North'ton was come to the said City: The Mayor desired Three of the Aldermen to visit the Earl of North'ton, as Recorder of that City; and the Earl certified these Three Gentlemen, that he came from Yorke, from the King, and brought with him a Proclamation from His Majesty, which he affirmed was sealed about Three of the Clock in the Afternoon upon Thursday last; which Proclamation was directed to all His loving Subjects within the Kingdom of England and Dominion of Wales, to authorize all His Majesty's said Subjects to obey the Commission of Array (which Commission, his Lordship informed, was warranted per divers Statute Laws yet unrepealed): At that Instant, he requested the said Aldermen to acquaint the Mayor, that he would meet the Mayor and Aldermen at the Council House of that City; and there he would declare His Majesty's Mind to them: At the Time appointed, the Earl came, and certified the Mayor and Aldermen, that he had received a Commission of Array from His Majesty, and would put it speedily in Execution, in the County of Warwick, and City and County of Coventry. His Lordship, being desired that his Commission might be viewed, answered: It was not finished at his coming from Yorke, but he should receive it from thence speedily. I answered his Lordship, That I was a Member of the House of Commons, and sent from the Parliament to see the Ordinance of both Houses concerning the Militia put in Execution, and, according to the Trust reposed in me, would oppose the said Commission of Array, or any other Power that should be employed to disturb the Pursuance of the said Ordinance of the Militia; and further acquainted his Lordship, That both the Houses of Parliament had voted the Commission of Array illegal, and that it was one of the greatest Oppressions to the Subject that ever was.
"After the said Earl was gone from this City, the Sheriffs of the said City and County came, and certified me, that they would serve the King and Parliament, and observe the Ordinances of both Houses concerning the Militia, with their Lives and Fortunes, according to their late Protestation.
"And they humbly desire to receive Resolution from the Parliament, what Course they should take in case His Majesty should send any Warrant to attach the said Sheriffs, or any other Persons that refuse to assist the said Earl of North'ton in his Execution of the Commission of Array.
"My humble Request unto your good Lordship is, that you would be pleased to bring such Instructions with you, that may tend to the Advancement of the Public Service, and Suppression of those that do not favour the Business of the Militia.
"The Earl of North'ton made known, that the Mayor, with some others, was joined with him in the Commission.
"And I am persuaded they will shew Readiness in obeying that Commission (the Mayor refusing to accept of your Lordship's Deputation for the Militia), if they be not prevented by the Wisdom of the Parliament.
"Since my coming down, I find that divers of the Inhabitants of this City are willing to observe the Ordinance of the Militia, and, in Pursuance thereof, have furnished themselves with Arms; so, with my Service to you remembered, I humbly take Leave, and rest,
"At your Lordship's Command,
Coventry, June 25th, 1642.
Instructions for Sir Peter Wentworth, Mr. Wm. Purefey, Mr. Godferie Bosevile, and Mr. John Barker, Members of the House of Commons, and Committees to be sent into Warwickshire, and City and County of Coventry, and to the rest of the Deputy Lieutenants of that County, and City and County, for the Preservation of the same.
Instructions for the Committee going into Warwickshire.
"Whereas it doth appear to the Lords and Commons now assembled in Parliament, that the King, seduced by wicked Counsels, intends to make War against His Parliament; and for that it is not improbable that, under Colour of raising a Guard for His Majesty's Person, or some other Pretence, the Knights, Gentlemen, Freeholders, and Inhabitants of the County of Warwick, and the City and County of Coventry, may be drawn together: Therefore you, and every of you, shall take special Care that the Ordinance concerning the Militia be forthwith put in Execution through the County, the City and County of the City, respectively, according to the Tenor of the said Ordinance; and the Sheriffs, and all other Officers and Subjects, are hereby enjoined to assist you, and every of you, therein: And if any Person whatsoever shall levy, or endeavour to levy, any Soldiers, or to draw or keep together the Trained Bands, or other armed Forces, of the said County, or City and County of the City, or any other Forces, by Colour or Pretence of any Commission or Warrant from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament, you, and every of you, shall, in the Name, and by the Authority, of both the said Houses, require and command all Persons to forbear the Execution of such Commission or Warrant, and the same to be delivered up unto you, or any of you, to be sent to the Speaker of the House of Commons; and you, and every of you, Deputy Lieutenants, are hereby required to draw together such of the Trained Bands, and other Forces, of the said County and City, and County of the City, respectively, as shall be expedient for the suppressing of all such Assemblies, and for the apprehending of all or any Person or Persons as shall, after Admonition and Command by you, or any of you, made unto them, to forbear the Execution of any such Commission or Warrant, or the calling or gathering or keeping together of any such Forces or Assemblies, still persist in doing the same, as likewise such disaffected Persons as shall be found raising any Parties or Factions against the Parliament, to be sent up hither, to answer such their Offences, as to Law and Justice shall appertain.
"And you, and every of you, the abovesaid Members of the House of Commons, and every of you, shall, in the Name of the Lords and Commons, require and command the Sheriffs of the County of Warwick, and of the City and County of the City of Coventry, to publish throughout the said County, and City and County of the City, respectively, the Declarations formerly published by both Houses of Parliament.
"You, and every of you, shall further take Care, that such Resolutions and Orders of both Houses as have been, or shall be, delivered or sent down unto you, or any of you, be put in Execution; and shall require the Sheriff, Justices of Peace, and all others His Majesty's Officers and Subjects, to be aiding and assisting unto you, and every of you, for that Purpose.
"You shall declare unto all Men, that it hath ever been, and still shall be, the Care and Endeavour of the Parliament, to provide for His Majesty's Safety; and that they do not, nor ever did, know of any Evil intended to His Majesty's Person, which might move Him to require any extraordinary armed Guard; that His greatest Safety is in the Affection and Fidelity of His Subjects, and in the Advice and Counsel of His Parliament, and His greatest Danger in withdrawing Himself from them; so that, under Colour of doing Him Service, disaffected and malignant Persons, obnoxious for their bad Counsels to the Justice of the Law, labour to raise a Party against the Parliament, which at the last may break out into open Rebellion and Civil War, to the Destruction both of King and Kingdom, if the same be not prevented by the Wisdom of Parliament.
"You the said Members of the House of Commons, and every of you, shall endeavour to clear the Proceedings of Parliament from all Imputations and Aspersions, and shall, from Time to Time, certify us of all Things which you conceive necessary for the present Service: And that we may have a speedy Account of it, and that our Directions to you, as well as your Advertisements to us, may have a clear and ready Passage, you, and every of you, shall lay a strict Charge upon all Post-masters, that they do not suffer any Letters, or other Dispatches, to or from the Parliament, to be intercepted or stayed; and if any shall presume to make such Stay of those Dispatches, you, and every of you, shall direct the Post-masters to repair to the Justices of Peace, Constables, and all other Officers, for their Aids and Assistance, who are hereby required to take special Care that there may be no such Interruption.
"You, and every of you, shall take Care that none of the Recusants Arms, or other Ammunition of the said County, shall be carried or taken out of the County, or City and County of the City, respectively, upon any Pretence or Command whatsoever, without Warrant from both Houses of Parliament; and you, and every of you, shall give Order and Direction to the Sheriff, Justices of Peace, and other Officers, to require and command all the Popish Recusants, in that County, and City and County of Coventry, to confine themselves to their Dwellings, according to the Statute in that Case provided; and, if any such Recusant shall be found to transgress therein, you, and every of you, shall cause the Justices of the Peace forthwith to bind them to their good Behaviour; and, upon Refusal or Neglect to give Security accordingly, to commit them to Prison, and further to proceed against them according to the Law.
"You shall also, in the Name of both Houses of Parliament, require all such Persons who have in their Custody any Part of the Public Magazines of the said County, or City and County of the said City, respectively, to deliver the same unto you, or some of you, to be employed for the Defence of the said County, and City and County of the said City.
"And you, and every of you, are likewise to give Charge, from both Houses of Parliament, to all Captains, Lieutenants, and other Officers of the Militia, that they be observant to such Directions as they shall from Time to Time receive from the Lieutenant of the said County, or City and County of the said City, or his Deputies, or any of them, for due Performance of any the Commands of the said Houses.
"You, and every of you, shall resist and repel, and are hereby authorized to resist and repel, by the Power of the said County, and City and County of Coventry, and by all other Ways and Means, all such Force and Violence as shall be raised or brought to any Person or Persons, to the Hindrance or Disturbance of this present Service, or for the arresting or seizing of the Persons of you, or any of you, or of any other which shall be employed in the Performance of the Ordinances, Instructions, and Commands of both Houses of Parliament, for any Thing done in Execution thereof; and the Sheriff and Justices of Peace of the said County, and City and County of the said City, respectively, and all other Officers and Subjects, are hereby enjoined to be aiding and assisting to you, and every of you, for the better and more speedy Execution of the Premises.
"And the Lords and Commons do hereby Declare, That they will protect, defend, and assist, all Manner of Persons, for such Actions as they shall perform in Pursuance of these Instructions, and other Orders and Commands of the said Houses of Parliament."
Tertia post meridiem.
The Lord Wharton was appointed to sit Speaker this Day.
Lord Lovelace to attend the House.
Ordered, That the Lord Lovelace shall have Notice to attend this House, as a Peer.
Saddlers, Armourers, &c. to deliver in their Weekly Accounts.
Ordered, That the Master and Wardens of the Saddlers, Bit-makers, Gun-makers, and Armourers, shall attend To-morrow, to give an Account, according to the former (fn. 1) Order of this House, what Arms and Saddles, &c. are bespoke, &c.
Lords Lieutenants to commission Captains to train Voluntiers.
Ordered, That this House doth Declare, That the Lords Lieutenants have Power, by their Ordinance, to give Commissions to Captains to train Voluntiers.
All the Judges did aver, "That they have not heard any Thing concerning the Adjournment of the next Term to Yorke."
Judges not to adjourn the Term to York.
Hereupon the House commanded the Judges, That, if any such Command should come to them, they should acquaint this House therewith, and forbear to do any Thing therein.
Conference about Galway reported.
The Lord Wharton reported the Conference this Morning:
"That the Town of Gallaway being a Town of great Strength and Consequence to the Kingdom of Ireland (fn. 1) :
"Divers Papers were read.
"Next, the Resolutions were read.
"That the Earl of St. Albanes be required, by the Lords Justices, to produce to them his Warrant, or Authority, by which he granted this Protection."
Ordered, That this House agrees with the House of Commons in this Vote.
"Resolved, upon the Question,
"That His Majesty may be moved, by both Houses, to signify His Royal Pleasure, That this Protection shall forthwith cease and determine."
The Town to be summoned to surrender itself to the King's Pleasure.
"That the Lord Lieutenant and Lords Justices be required to take Order, that the Town be forthwith summoned, absolutely to submit and render themselves to the King's Pleasure."
Ordered, That this House agrees with the House of Commons in this Vote.
Treaty with the Scots.
Next, was reported the Resolution of the House of Commons to the Amendments concerning the Scotts Memorandum. (Here enter them.)
Ordered, That this House agrees with the House of Commons in these Alterations and Resolutions now read.
Message from the H. C. about the Amendments to the Tonnage and Poundage Bill;
A Message was brought from the House of Commons, by Sir Henry Vane:
To let their Lordships know, that they have considered of the Alterations in the Bill of Tonnage and Poundage; and they do agree that the Proviso concerning the exporting of White Cloths be left out; and they have agreed that the Officers Fees shall relate to the Fourth Year of King James; and do agree to the Scotts Paper touching the Rates concerning them.
and with Letters from Lancashire.
2. Divers Letters were brought, sent out of Lanchashire; upon which the House of Commons desire their Lordships Concurrence in these Votes following:
"Resolved, upon the Question,
Delinquents sent for from thence.
"That Sir John Girlington, Sir George Midleton, and Sir Edward Fitton, be forthwith sent for, as Delinquents; and that the Lords be desired to join herein."
Ordered, That (fn. 1) this House agrees with the House of Commons in this Vote.
Lord Strange to deliver the County Magazine to the Deputy Lieutenants.
"That the Lords be desired to require the Lord Strange to deliver that Part of the Magazine of the County of Lancaster, seized by his Lordship, into the Hands of the Deputy Lieutenants of that County, (fn. 1) appointed by the Ordinance for the Militia."
Ordered, That this House agrees with the House of Commons in these Votes.
Tonnage and Poundage Bill.
Hodie 3a vice lecta est Billa, A Subsidy granted to the King, of Tonnage and Poundage, &c.
Resolved, upon the Question, That this Bill shall pass as a Law.
Letters from Lancashire.
A Letter, written to the Speaker of the House of Commons, from Mr. Ashton, Mr. Moore, and Mr. Rigby, in Lanchashire, was read.
Another Letter, of Sir Edw. Fitton, to Sir Tho. Aston, was read.
Another Letter was read, directed to the Speaker of the House of Commons, from Mr. Alexander Rigby.
Another Letter was read, of Sir Wm. Brereton, to the Speaker of the House of Commons. (Here enter them.)
These Letters and Votes to be printed.
Ordered, That these Letters, with the Votes, shall be printed and published.
Lord Strange to be sent for, as a Delinquent.
Resolved, upon the Question,
That the Lord Strange shall be sent for, as a Delinquent.
Message from the H. C. for Sir W. Brereton to be recommended to the Ld. Lieutenant of Cheshire.
A Message was brought up from the House of Commons, by Mr. Hampden:
To desire that Sir Wm. Brereton may be recommended to the Lord Lieutenant of Cheshire, for the City and County of the City of Chester.
Ordered, That this House agrees with the House of Commons in this Message.
Report of the Conference concerning Galway.
"That the Town of Galloway is the important Town of all Ireland, in respect of the Strength, Wealth, and Situation, which affords them an easy Commerce both with France and Spaine.
"That this Town was in actual and open Rebellion, as appears by Letters of the Lords Justices, by a Declaration from Captain Willoughby, Governor of the Fort, and by the Earl of St. Albans's Letters to the Lords Justices, which, being very long, not to be read at the Conference, but to be left with the Lords.
"That, this Town of Galloway being in the State of open Rebellion, the Earl of St. Albans did entertain a Treaty with the Town.
"The Town, in the Name of the Corporation and Gentry engaged in that Cause, present Seven Propositions or Articles to his Lordship; the Effect of all which was, to have Freedom of Religion, and to be pardoned for all that was past, and protected for the Time to come in their Lives, Liberties, Goods, and Chattels; and all that shall submit hereafter.
"The Earl of St. Albans grants them a Protection of their Lives, Liberties, Lands, and Goods, until His Majesty's Pleasure concerning them, upon His Arrival there, shall be declared.
"The House of Commons conceiving this Protection to be destructive to the Protestant Religion, very prejudicial and dishonourable to His Majesty and the Crown of England, and tending to undermine an Act of Parliament made this Session for the speedy and effectual reducing the Rebels of Ireland."
Amendments desired by the Scots in the Treaty.
"Memorandum, What the Scotts Commissioners insist on:
"In the Third Article: That, in the Words to be added; videlicet, ["according to Instructions received, or to be received, from the Lord Admiral to that Purpose"], there may be inserted after the Words ["to be received"] ["by the Masters of those Ships"].
"In the Fourth Article: They desire ["Colonel"] may be ["Commissary General"].
"In the Fifth Article: The Words ["both Houses"] to be made ["the Commissioners of both Kingdoms"].
"In the Sixth Article: They desire it may be set down how their Army shall be transported after it is paid off.
"In the Seventh Article: The Words ["and taken off by them"] to be delet.
"In the Tenth Article: The Words ["as in their Judgement they shall think fit"] desired not to be delet.
"In the Twelfth Article: These Words to be added after the Word ["disbanding"], ["the same being intimate, and made known by them, to the Council of Scotland, a Month before the discharging thereof"].
"Upon the Commissioners Report of the Treaty with the Scotts; it is Resolved, upon the Question,
"That the Word ["Colonel"] in the Fourth Article of the Scotts Treaty, be altered into ["Commissary General"], provided that he hath the Pay only of a Colonel; and that the List be so amended.
"That these Words shall be added to the End of the Third Article ["according to Instructions received, or to be received, by the Masters of these Ships, from the Lord Admiral, to that Purpose"].
"In the Third Memorial, ["First of July"] to be made ["the First of August"].
"In the Memorial Eight, ["or the Lord Chancellor"] to be added.
"Article 5, ["Both Houses"] to be made ["Commissioners of both Kingdoms"].
"The Question was propounded, "Whether the House should insist upon their former Vote, concerning the Transport Money to be allowed to the Scotts;" and it passed with the Negative.
"That the Common Soldiers of the Scotts Army, at their Dismission, shall be allowed Fourteen Days Pay, for the carrying them Home.
"Ordered, That it be referred to the Commissioners for Irish Affairs, to agree with the Scotts Commissioners, about the taking off of such Victuals as, according to their own List, shall be provided by this Kingdom for them.
"Ordered, That these Words ["and that there shall be a Month's Warning before-hand of their disbanding, which said Discharge and Month's Warning shall be made known by them to the Council of Scotland, or the Lord Chancellor, a Month before the disbanding thereof"] be added to the Twelfth Article.
"That the Consideration of the Words in the Tenth Article, videlicet, ["as in their Judgement they shall think"] be suspended till the End of the Treaty, notwithstanding the former Order."