House of Lords Journal Volume 5: 3 December 1642

Pages 471-475

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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In this section

DIE Sabbati, videlicet, 3 die Decembris.


The Earl of Manchester was appointed to be Speaker this Day.

DukeD'Espernon's Arrest.

A Relation of the Manner of the arresting of the Duke of Espernon was read. (Here enter it.)

Ordered, That James Bates shall be sent for, to attend this House on Monday Morning; and then this House, upon his Answer, will consider what is fit to be done thereupon.

Countess of Banbury to have an Order, to search for Goods taken from her. Orders about Gunpowder.

Ordered, That the Countess of Banbury shall have such an Order as the Countess of Rivers had, for searching for such Goods as have been taken away from her.

The Lord Wharton reported, from the Committee for the Safety, Two Orders concerning Gunpowder, which is desired may be passed both Houses.

The said Orders were read, as followeth: (fn. 1)

Ordered, That this House approves of these Orders; and that they be forthwith printed and published; and to be sent to the House of Commons, to desire their Concurrence therein.

Sent to the H. C. that they may be printed.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To carry down the Two Orders to the House of Commons passed this House, concerning Gunpowder; and to desire the Concurrence of the House of Commons, and that the same may be printed and published.

Message from thence, for the Lords Concurrence in the following Orders.

A Message was brought from the House of Commons, by Mr. Knightly:

To desire their Lordships Concurrence.

1. An Order concerning Association of divers Counties. (Here enter it.)

To be considered of further.

2. An Order concerning Winchester House, which is converted into a Prison. (Here enter it.)

Agreed to.

3. An Order concerning some Captains in the County of Sussex, as are discharged by the King. (Here enter it.)

Agreed to.

4. An Order concerning the Dragooners of the County of Lyncolne. (Here enter it.)

Agreed to.

5. An Order concerning the County of Chester, &c. (Here enter it.)

Agreed to.

6. An Order (fn. 2) concerning Lancaster, &c. (Here enter it.)

Agreed to.

Answer returned was:


That this House agrees to all the Orders now brought up, excepting the Order for the Association of several Counties, to which they will send an Answer, by Messengers of their own.

Message from thence, about the Lords and their Assistants Contribution;

A Message was brought from the House of Commons, by Sir Wm. Litton:

1. To desire their Lordships to take into Consideration the calling of their Lordships Members and Assistants, to know what Plate and Money they will contribute towards the Maintenance of the Army.

To send an Answer by Messengers of their own.

and with an Order about maimed Soldiers.

2. To desire their Lordships Concurrence in an Order concerning maimed Soldiers. (Here enter it.)

Agreed to.

The Answer returned was:


That this House agrees to the Order concerning the maimed Soldiers; and concerning the Proposition concerning Money, this House will send an Answer, by Messengers of their own.

Dr. Child Leave to be absent.

Ordered, That Dr. Childe hath Leave to be absent for a Fortnight.

"A true Relation of the Abuses and Affronts offered to the Right Honourable Lord Bernard Duke De Espernoone.

Relation of Affronts offered to the Duke D Espernon.

"That the Duke, in or about the 21st Day of October last, was by one Francis Betes, a Marshal's Man, and other Bailiffs, disgracefully and publicly arrested, in his Coach, near his House in Queene'sstreete, at the Suit, and by the Procurement, and in the Presence, of one James Pickering, and others, Owners of a Ship, which they untruly pretend was taken from them by the Duke, at Passage, in the Dominions of the King of Spaine.

"That the Duke hath remained here about Four Years; and never any Question, nor Challenge, made to him touching the Ship, till he was arrested.

"That Bates, who made the Arrest, and carried and kept the Duke Prisoner, has no Warant to do the same.

"That this Arrest was made at such Time as the Duke had an Order of Parliament to protect him from Injury and Offence to be done unto him.

"That the Arrest was upon a Process, called A Bill of Midd. and awarded against Bernard Nagared, Miles, which is a Name that the Duke was never known nor called by; and by that Means the Sheriff of Midd. granted his Warrant to the Bailiff of the Dean and Chapter of Westm. to arrest Bernard Nagared, Miles; he not knowing the Duke was meant thereby: Thereupon the Duke was arrested.

"That the Duke, knowing his own Innocency, that the Ship was neither taken by him nor his Command, did not insist upon the Order in Parliament, nor the Mistake of his Name; and undertook, upon his Honour, that he would appear at the Return of the Process, wherewith they were satisfied, and the Duke was enlarged.

"That this Term he appeared by his Attorney; but the Prosecutors would not declare against him, whereby he is freed of that Suit, but without any Reparation for the Dishonour of the unjust Arrest and Imprisonment.

"That they since threatened to arrest him with new Actions, further to dishonour and affront him.

"He humbly prayeth that due Consideration may be had of those Injuries and Disgraces publicly put upon him; and that such Order may be taken for fit Reparation and his future Quiet, as shall be agreeable with Justice."

Committee of Citizens to seize on Gunpowder.

"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, That Richard Wareing, Thomas Foote, Thomas Brightwell, Samuell Langham, Samuell Harsnett, George Foxcroft, Thomas Stocke, Richard Hunt, William Tompson, John Lane, Thomas Browne Junior, Greensmith, and Bolton, Citizens of London, shall hereby be authorized to enquire, search, and examine, what Quantities of Gunpowder is, or shall be, in the Hands of any Merchants, Ship-chandlers, Grocers, Societies, or Companies, or any others, as to the Persons herebefore nominated to be a Committee for this Service shall seem sit, within the City of London and Twenty Miles about the same; as likewise to seize upon whatsoever Gunpowder shall be so found, for the Use of the Parliament; and to cause the same to be brought to such Warehouses as the said Committee shall appoint, of which the Owners are to be paid at such reasonable Prices, and at such Times, as the said Committee of Citizens, or the greater Number of them, shall rate and set down; and that they lay Restraint upon all Persons whatsoever, with whom such Gunpowder shall be found, from selling or conveying away to any Person or Persons any Quantity of Gunpowder, upon any Pretence whatsoever, without Order from both Houses of Parliament, or the Lord General, or the Committee of Lords and Commons for Safety of the Kingdom, or the greater Part of the Committee of Citizens for this Service: It is further Ordered, That all Merchants and others, that import any Gunpowder, shall apply themselves to the said Committee, and not take any Gunpowder out of any Ship, or other Vessel, in which it is imported, without special Licence of the said Committee of Citizens, to the End they may have the Offer and Refusal of the same, before it be otherwise disposed of; and that the said Committee of Citizens shall issue out Warrants to such Persons as they shall think fit, to search, by Land or Water, all suspicious Carriages, Packs, Trunks, and other Vessels or Things, wherein Gunpowder may probably be conveyed, and seize and bring the same Gunpowder to the Warehouse aforesaid, for the Use aforesaid, if the said Gunpowder be conveyed, or attempted to be conveyed away, without sufficient Warrant: And, for the more effectual Performance hereof, it is also Ordered, That the said Committee do often meet together, for the better Pursuance of this Order, whereof they are to give an Accompt Weekly to the Committee of Lords and Commons for Safety of the Kingdom; and that all Charges incident to this Service shall be paid by Sir Gilbert Garrard, Baronet, Treasurer of the Army, the Charges being first allowed and certified by the greater Part of the Committee hereby authorized to do this Service."

Gunpowder not to be exported but by Authority.

"It is this Day Ordered, by the Lords and Commons now assembled in Parliament, that neither the Commissioners of Customs, nor any other Officer or Servant of the Custom House within the City of London, take any Entries, to pass any Warrants for Gunpowder to be exported, without Warrant from the greater Part of the Committee of Citizens appointed to take Care of that Commodity; and that no Carrier, Waggoner, Watchman, Wharfinger, or other Person whatsoever, shall carry or convey out, or suffer to be carried or conveyed out, any Gunpowder, to any Place, without Warrant from both Houses of Parliament, or of the Committee of Lords and Commons for the Safety of the Kingdom, or of the Lord General, or of the said Committee of Citizens before mentioned; and that all Ship-masters, upon their several Returns from their Voyages, do bring in a true and exact Certificate, to the said Committee of Citizens, of the Quantity of Gunpowder they shall have remaining of their Store carried out.

"The Names of the Committees of Citizens appointed for this Service:

Richard Wareing.
Thomas Foote.
Thomas Brightwell.
Samuell Langham.
Samuell Harsnett.
George Foxcroft.
Thomas Stock.
Richard Hunt.
Will'm Tompson.
John Lane.
Tho. Browne, Junior.
John Greenesmith.
Everard Bolton."

Order for Winchester House to be a Prison.

"Whereas the Lords and Commons in this present Parliament assembled, by an Ordinance of Parliament, have heretofore appointed Winchester House for a Prison, for the Safe Keeping of Delinquents committed by Parliament; and whereas some Claims have been since made, by Nicholas Young, Esquire, Keeper of the said House, of some Immunities belonging unto him, by Patent from Dr. Mountague, late Bishop of Winchester, and being intrusted with the Goods therein by the new Bishop: The said Lords and Commons, for the Satisfaction of the said Nicholas Young, Esquire, and for the further Regulating of the said Office of Keeper, and for the Reparation of the House, and Preservation of the Goods therein, do further constitute and ordain as followeth:

"1. That there be an Allowance, from the Bishop's Rents, or otherwise, for the necessary Reparations of the said House, which is now much in Decay, and wanteth present Repair.

"2. That all the Hangings, Bedding, Chairs, Stools, Pewter, and Brass, that is now in the House, be delivered over unto the said Nicholas Young; and that there be an Inventory taken of all such other Lumber Stuff as is there, which is to be delivered to the now Keeper, Thomas Devenish, who is required to give Security unto the said Mr. Young, for the delivering and making good of the same at his going forth.

"3. That the said Mr. Young (who now enjoys divers Rents and Commodities, by virtue of a Patent from the Bishop of Winchester, for his Life) do yield up the whole House, within the Two Gates, with the Keys thereof, unto the now Keeper Thomas Devenish, except only the outward Cellar and Wharfage; and that, in Consideration thereof, the said Mr. Young do receive all the Rents and Profits, which usually he hath done by virtue of his Patent, until St. Thomas-day next; and that, from that Time forward, the said Thomas Devenish, or other Keeper of the said Prison, pay unto Mr. Young the Sum of Twenty Shillings a Week, during the Time that it be converted unto a Prison.

"4. That, for the regulating of the Keeper's Fees for all such Prisoners as shall be committed unto him, he receive of ordinary Persons, not above Twenty Shillings; of Esquires and of Knights, not above Forty Shillings; and for any Degree higher, not above Five Marks.

5. That the Keeper may take of every Person, for his Chamber, Weekly, a reasonable Allowance, according to the Room or Rooms they shall desire to make Use of; and for such as provide their own Furniture, to have so much abated of the Rent as the same is worth to be hired from an Upholsterer.

"6. That, for such Wood, Billet, and Coal, as the now Keeper hath had, or shall make Use of, to be answerable for the same, according as it shall be valued, to the said Nicholas Younge."

Captains in Sussex discharged by the King, to execute their Commissions notwithstanding.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That whereas the Houses are informed that divers Captains of the Trained Bands of the County of Sussex, and City of Chichester, have been discharged of their Commands, by Warrant under His Majesty's own Hand; that, notwithstanding any such Command or Prohibition, the Houses require and command them, and every of them, faithfully to execute their Offices and (fn. 3) Charges, according to the former Commissions, and to obey such further Commands as they shall from Time to Time receive (fn. 4) by Authority of Parliament."

Order for Disposal of Money Ordered to Sir Anthony Irby, for Yorkshire Dragoons.

"Whereas, by an Order of the Lords and Commons, it was Ordered, That Sir Anthony Irby do require the Collectors of the Monies due and payable in the County of Lincolne, to pay the Monies remaining in their Hands unto the said Sir Anthony Irby; provided, that they be not any of the Monies due and payable upon the Bill of Four Hundred Thousand Pounds, which said Order was made for the speeding of the said Sir Anthony Irby and his Dragooners into the County of Yorke: It is this Day Ordered, That, if the said Sir Anthony Irby have received so much Monies as will furnish him and his Dragooners into the said County of Yorke, that the Residue of the said Monies due in the said County, or that is or hereafter shall be raised upon the Propositions in the said County of Lincolne, shall be disposed of in the ordinary Way as other Monies in other Counties are, for the Preservation of the whole Kingdom, and returned up to the Parliament; and, if the said Sir Anthony Irby have not already received so much as will furnish him and his Dragooners, that then Sir Edward Ascough and Mr. Grantham, and the rest of the Commissioners, shall have Power to allow them so much, out of the Monies raised upon the Propositions, as will speedily furnish him and his said Dragooners to go into the said County of Yorke."

Order for Repayment of Contribution-money in the County of Chester.

"Whereas divers Persons, well affected to the Parliament, that have Estates, Rent, and Revenues, in the County Palatine of Chester, and others that are Natives of that County, and residing in London and other Places, and have Friends, Debts, Creditors, Factors, or Customers, in the said County, and others that are inhabiting and residing in the said County of Chester, are willing and ready to contribute Money, Plate, and Horses, towards the securing and relieving of that County against all Power and Force that is or shall be raised therein, or brought thereinto, against the Parliament and Proceedings thereof, and tending to the Disturbance of the Peace and Quiet of that County: It is Ordered, by the Lords and Commons in Parliament assembled, That all and every such Person and Persons, that shall contribute Money, Plate, and Horses, or any of them, for this Service, shall have the Public Faith of the Kingdom for the Repayment thereof with Interest, in like Manner as all others who have contributed in the like Kind; and William Steele Esquire, Captain Francis Roe, Randall Bressy, Robert Price, Richard Price, and Lawrence Steele, Citizens of London, are hereby appointed Treasurers and Receivers, to receive the said Money, Plate, and Horses; and that an Acquittance under the Hands of them, or any Three or Two of them, shall be a sufficient Ground for such as shall bring in their Money, Plate, or Horses, as aforesaid, to re-demand the same, upon the Public Faith."

Order for Disposal of Contribution-money in Lancashire.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Committee for the Propositions within the County of Lancaster shall have Power to dispose, upon Accompt, such Monies, or other Provisions, as are or shall be brought in, or underwritten, within the said County, for the Defence of the same, in such Manner as may best conduce to that Service."

Order for Relief of maimed Soldiers.

"It is this Day Ordered, by the Lords and Commons in Parliament, That all such Soldiers as have Certificates, under the Hands of the Officers of the Regiment or Company wherein they served, that they were wounded and maimed in the Service of the King and Parliament, and have not lately received Relief from the Committee for maimed Soldiers, shall repair, with their said Certificates, to The Savoy Hospital, where there shall be a Physician and Chirurgeons appointed ready every Morning, betwixt Eight and Nine of the Clock, to view their Wounds and Maims, and to dress the same; and that the Officer there attending shall deliver unto them that lodge abroad Eight Pence a Day, until they shall be cured."


House adjourned till 10 a Lunæ.


  • 1. Sic.
  • 2. Deest in Originali.
  • 3. Origin. charged.
  • 4. Origin. his.