House of Lords Journal Volume 5: 23 August 1642

Pages 317-319

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 Martis, 23 Augusti.


Lord Kymbolton, Speaker.

Atkinson, Newark Post-master, Words against the E. of Holland.

Peter le Hatch, sworn, faith, "That Atkinson, the Post-master at Newarke, said, in his Hearing, when the Earl of Holland went into the North with a Petition from the Parliament to the King, That it was Pity that ever he should return Home again alive."

Ordered, etc. That (fn. 1)

A Letter of the Earl of Bath, to the Speaker, was read, in hæc verba: videlicet,

E. of Bath's Letter to the Speaker, why he absents himself from Parliament.

"My Lord,

"I received last Night a Summons from that Honourable House, requiring my Attendance there on Monday next, the 22d of this Month, according to His Majesty's Writ. It is true, that I was summoned at the Beginning of this Parliament, as of Right I ought, and did not fail to give my Attendance upon that Service, with as much Diligence and Affection to the Public as my poor Ability could express: But I received many Interruptions, by Scorns, Menaces, and Affronts, from the People inhabiting about the City of London and Westm. contrary to the Constitution and Privileges of that and all other Councils, where the Members ought to come, sit, and return, with Honour and Safety; and I do not yet see the Minds of those People so settled and composed, that I may hope for better Usage: Wherefore I shall humbly desire their Lordships to excuse my Absence, until I may have some Confidence of enjoying that Honour and Safety, which heretofore I have not had. And so, with my Service to your Lordship, I will remain

Tawstock, the 15th of August, 1642.

"Your Lordship's humble Servant,

"He. Bathon."

To be sent for, as a Delinquent.

Ordered, That the Earl of Bath shall be sent for as a Delinquent.

Earl Holland,
Viscount Say & Se.
Lord Rob'ts,

To draw up the Order. (Enter it here.

Colonel Butler, a Pass to go beyond Sea.

Ordered, That Colonel Butler shall have a Pass, to go beyond the Seas.

Mesengers to return Papers to the Clerk of the Parliament, when the H. C. is up.

Ordered, etc. That when any Messengers shall be sent from this House to the Commons, with any Orders, Declarations, or other Papers, and they are risen, so that they cannot deliver them, the said Messengers shall presently return them to the Clerk of this House, and not keep them in their Hands.

Morrice, the Prince's Servant's Privilege.

Upon the humble Petition of Jo. Morrice, a Servant in Ordinary to the Prince his Highness, which was read in the House, desiring to be released of his Imprisonment: It is Ordered, That the said Jo. Morrice shall be released of his Imprisonment, by Privilege of Parliament.

Message to the H. C. for a Conference, about the Declaration concerning Papists; and about the Gentleman Usher's and the Lieutenant of The Tower's Expences for Prisoners.

Sir Robert Rich, and Mr. Page, To the Commons, for a present Conference:

That the Lords desire to express something unto them, to be altered in the late Declaration touching Papists. 2. That the Gentleman Usher might have Satisfaction for several Journies that he hath made, for the Service of the Parliament. 3. And that the Lieutenant of The Tower of London might have Satisfaction for the Prisoners committed to him by Parliament, that are not able to keep themselves.

A Particular of the Gentleman Usher's Demands, with a Certificate of Two of the Masters of the Chancery, was delivered at the Conference.

And a Particular of the Lieutenant's Demands was also delivered.

A Message from the Commons, by Sir Hen. Mildmey, and others:

Message from the H. C. for the Prisoners in The Tower to be more restrained;

1. That the House of Commons desired the Lords, that the Lieutenant of The Tower of London might be commanded, That his Prisoners might not have the Liberty to come one to the other with such Freedom as now they have.

The Lords will return an Answer, by Messengers of their own.

with an Order about Lynn Regis;

2. That the Lords will concur to the passing an Order touching the Town of King's Lynn.

Read, and approved of.

and for a Conference about Letters from Essex and Ireland.

3. That the Lords will give a present Conference, touching Letters from Essex, and Letters from Ireland.

Agreed unto.

Committee to consider of restraining the Prisoners in The Tower.

Lords Committees appointed to consider of the Manner of the Restraint of the several Prisoners now remaining in The Tower of London: videlicet,

E. Northumb'land.
E. of Salisbury.
E. of Holland.
E. of Stamford.
L. Rob'ts.
L. Grey de War.

Their Lordships, or any Three, to meet when and where they please.

To peruse Letters from Spain.

Lord Newenham,
Lord Grey of War,

To peruse some Letters that came lately from Spaine, and make Report to the House.

L. Teynham to be sent up.

The House being informed, "That the Lord Teynham is taken;" the Earl of Essex, Lord General, was directed, that he should be brought to the House.

Gerrard, etc. to go beyond Sea.

Ordered, That Mary Gerrard shall have Liberty to go beyond Seas, with her Four Children.

Keyes, for Words against the King and Parliament.

Upon Information this Day given to the House, "That Wm. Keeyes, a Prisoner in Newgate, said, in the Hearing of several People, That the King and Parliament were a Company of Rogues:" It is Ordered, That the King's Counsel shall inform themselves of the Certainty of the Speaking of these Words, and proceed against the said Willm. Keeyes, according to Law.

The House was adjourned during Pleasure, and the Lords went to the Conference.

Conference about a Declaration to be sent to Essex, reported.

The House being again resumed, the Lord Kymbolton reported, "That the Commons had delivered a Letter at the Conference, which was brought up from Colchester, dated the 24th of this Instant August; upon which that House had drawn up a Declaration, which is intended to be speedily sent into Essex, by Sir Tho. Barrington; and that House desireth your Lordships Concurrence therein."

The said Declaration was forthwith read, and approved of, with some Amendments.

His Lordship reported the Votes of the House of Commons:

Sir Jo. Lucas and Newcomen, sent for as Delinquents;


"That Sir Jo. Lucas, Knight, and Mr. Newcomen, be sent for, as Delinquents."


his Arms, Plate, etc. to be brought up.


"2. That the Horse, Arms, Ammunition, and Plate, seized at Sir Jo. Lucas's House (a perfect Inventory being first made), shall be brought up to London."


"Resolved, etc.

Sir Tho. Barrington to send up Delinquents.

"3. That Sir Tho. Barrington and Mr. Grimston shall have Power to send up such Persons in safe Custody as they shall think necessary."


Lady Rivers's House to be searched.

Ordered, That Sir Tho. Barrington and Mr. Grimston shall give Direction to search the Lady Rivers's House; and to give Direction that the House and Inhabitants shall be freed from any Tumults.

Scots Declaration.

Ordered, That a Committee of the whole House shall receive the Declaration from the Scotts To-morrow Morning, in the Painted Chamber, by Nine of the Clock.

Mrs. Roberts's Pass.

Ordered, Mrs. Rob'ts to have a Pass beyond Seas.

Common Council to be called.

Ordered, That the Lord Mayor shall call a Common Council on Thursday next, at Ten in the Morning.

"Die Martis, 23 Augusti, 1642.

Order for apprehending the E. of Bath.

"It is this Day Ordered, by the Lords in Parliament, That the Sheriff of the County of Devon, and the Deputy Lieutenants of the County, or any of them, apprehend the Body of Henry Earl of Bath, and bring him before the Lords in Parliament, to answer his most dangerous and seditious Expressions and Practices, to disannul this Parliament in the Freedom thereof; and these strictly command all Officers, and other Persons, to be aiding and assisting, for the Apprehension of the said Earl, wheresoever he shall be found, as they tender the Peace and Welfare of this Kingdom, and the Being of Parliament, in which their own Lives and Liberties are assured."

"Die Martis, 23 Augusti, 1642.

Indemnity for the Voluntiers of King's Lynn.

"Whereas divers well-affected Persons of the Town of King's Lin, in the County of Norff, have of themselves, as Voluntiers, under the Leading of Captain Thomas Revet, and Mr. James Astwood, Lieutenant, exercised themselves in the Use of their Arms, by peaceable training and marching in the Fields near the said Town, the better to enable and prepare themselves for the Service and Defence of His Majesty and this Kingdom, when they shall be lawfully called thereto: The Lords and Commons, taking the same into Consideration, do Order, That the said Persons shall have the Authority of both Houses of Parliament, for their Security and Indemnity, for their said Training and Exercising already past; and do further Ordain, That all such Inhabitants of the said Town, and Liberties thereof, as shall desire and willingly submit to be trained and exercised in the Use of their Arms, may, from Time to Time hereafter, in a peaceable and orderly Way, under the Leading of the said Captain Revett, Lieutenant Astwood, or either of them, train, learn, and exercise themselves in the Use of their Arms, and Order of Marching, at such convenient Times, and in such Places of the said Town and Liberties thereof, as shall be by them thought fit for that Purpose, until other Order shall be herein taken by both Houses of Parliament; and that they shall be saved harmless for so doing, by the Authority of both Houses of Parliament; and that the Mayor, Justices, Aldermen, Captains of the Trained Bands, Common Council, and other Inhabitants of the said Town, who shall encourage and assist the said Persons in their Training and Exercising aforesaid, shall be held by both Houses of Parliament to do a very acceptable Service therein, and shall have the Authority of both Houses of Parliament, for their Indemnity in so doing; and the Mayor, Justices, Aldermen, Common Council, Captains of the Trained Bands, Captain Tho. Rivett, and James Astwood, Lieutenant of the Voluntiers, and other Inhabitants aforesaid, are hereby required to take special Care, for the safe guarding of the said Town, and preserving the Magazine; and the said Voluntiers to be aiding and assisting unto them therein, upon all Occasions."

"Martis, 23 Augusti, 1642.

Order to justify the seizing of Sir John Lucas's Horses, Arms, etc.

"Whereas the Lords and Commons in Parliament have this Day received, from the Mayor of Colchester, in Essex, an Information, That Sir John Lucas, at his House there, had made great Provisions of Horse, Arms, and Ammunition, to be secretly conveyed to the King, for His Assistance in oppressing and destroying His good People, which Act of Sir John Lucas and his Adherents is, by the Law of this Land, High Treason; and that the honest Inhabitants of that Town, and the Parts adjacent, having Notice thereof, did seize the same Horses and Arms, and did cause the said Sir John, with others of his Family and Adherents, to be kept in safe Custody, and the Parliament to be speedily advertised thereof: It is now Declared, by the said Lords and Commons, That Sir Thomas Barrington, and Mr. Grimston, Members of the House of Commons, and Gentlemen employed by that House to impart this Declaration to the Country, shall, in the Name of both Houses, assure the said Inhabitants, that, in seizing upon the Horse and Arms of Sir John Lucas, prepared for assisting in the War now levied against the Parliament, they have done a very acceptable Service to the Commonwealth, and such a one as doth express a great Zeal to their Religion and Liberties: Yet, lest the gathering together of so many Persons might seem to give some Occasion to Persons ill-affected, of misconstruing their peaceable Intentions, they are farther to signify unto them, that it is thought fit they should for the present disperse themselves, and repair every Man to his own Home, with this Confidence, that the Lords and Commons, as they have already begun, so they will not fail to continue their utmost Care, in securing that and all other Counties of the Kingdom, by disarming not only Papists, but all other Persons who shall give just Cause of Suspicion to be disaffected to the Public Peace and Freedom of the Subject."


Adjourn, 10a To-morrow.