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 Mercurii, videlicet, 18 die Maii.
Lord Privy Seal.
E. of Sussex's Verdict in the Common Pleas to be viewed.
Ordered, That Mr. Justice Foster shall view the Verdict made of the Earl of Sussex, made in the Court of Common Pleas, to see what is passed by that Verdict, and report the same to this House; and that, in the mean Time, the Possession of the Earl of Sussex is to be preserved.
Lord Keeper excused.
The Lord Keeper is excused for his Absence, in regard of his Health.
Letter from Hull, that the Captains of Ships there, employed to bring away the Magazine, had received a Warrant from the King, not to move it.
The Lord Admiral signified to this House, "That he hath received a Letter from Hull, from some Captains of Ships which are in that River upon the Service of the Parliament, in bringing away the Magazine; and they have received a Command from the King, dated at Yorke the 10th of May, upon Allegiance, not to suffer or put aboard any of His Magazines, &c.
(Enter it here.)
"They desire their Lordships to take some Course for their Indemnity in obeying the Commands of this House."
The Copy of the Warrant was read, as followeth:
The King's Warrant.
Trusty and Well-beloved, We greet you well. Whereas We are informed, That, under Colour of Our Service, there is an Intention, or Practice, contrary to Our Command, and without Our Consent, to put aboard some of Our own or of Our Subjects Ships, Our Arms and Ammunition [ (fn. 1) which, by] Order from Us, was long since laid up in a Magazine in Our Town of Hull; We do therefore hereby expressly will and command you, and every of you, upon your (fn. 2) Allegiance, not to suffer all or any Part of Our said Arms or Ammunition to be laden or put aboard any of Our own or any other Ship or Vessel, at or near Hull, under any Pretence whatsoever, or by any Order, Instructions, or Warrant whatsoever, other than an especial Warrant under Our Royal Hand: And We not only require you to publish and make known this Our express Command to all the Captains, Masters, Officers, and Mariners in Our own and all other Ships or Vessels at or near Hull; but We charge you and them to be very vigilant and careful to obey this Our Commands, as you and they tender the Peace of this Our Kingdom, and will answer to the contrary to your utmost Peril.
Given at Our Court at Yorke, the 10th of May, 1642.
"To the Admiral, Vice Admiral, Captains of Ships."
Ellis Nicholls, apprehended in Cornwall, suspected to be Mr. O'Neale, sent for.
The Lord Admiral informed this House, "That his Lordship's Vice Admiral in the North of Cornwall hath taken one, under the Name of Ellis Nicholls, who is very like to Mr. O Neale; and, upon Examination, he finds him very peevish, and conceives him to be a very dangerous Person, in case he prove not to be Mr. O Neale:"
Vide the Examinations.
And, upon the reading of the Examinations taken of the said Ellis Nicholls, of Wiltsford, near Honyton, within the County of Devon (his Age he refuseth to say), taken at Thidy, the 12th of May, 1642, before Francis Bassett, Esquire, Vice Admiral of the North Parts of the County of Cornwall;
Ordered, That the said Ellis Nicholls shall be sent for, to appear before the Lords in Parliament; and that he shall be conveyed up from Sheriff to Sheriff.
Babb and Trelawny, in Error.
Ordered, That the Writ of Error between Babb and Trelawny shall be argued in this House on this Day Sevennight.
The Letter from the Captains of Ships at Hull.
"Our most humble Service, &c. Your Lordship received Advice, from the Honourable Committee of both Houses of Parliament in this Place, of the Arrival of the Ships The Prosperous and Hercules, before this Town, the Second Ditto, whose Packet was sent away before our going ashore, else should not have omitted to have given your Honour speedy Advice of the abovesaid; since which Time, understanding of Captain Strachen being in the Road of Scarborough, dispatched a Post with your Honour's Warrant for his Captain's Place, and Order to repair into The Downes, as also the Earl of Warwick's Warrant to the said Effect, whose Answer here inclosed we send.
"The 12th present, received, by Two Messengers of His Majesty's Chamber, a Letter from His Majesty, dated the 11th present, which here inclosed send your Honour a true Copy; humbly beseeching your Honour, that such a Course may be taken, and a particular Order speedily sent down to us, as may secure us from all Damage, as His Majesty shall or may pretend against us, in not performing His Majesty's Commands; assuring your Honour, that what both Houses of Parliament shall Order us shall, with our utmost Endeavours, perform, for His Majesty's Safety, and Good of this State. Your Honour's of the 10th present received the 13th Ditto, ordering Captain William Driver and Captain Geo. Swanley to convoy the Ships laden with the Magazine for London; and for Captain Moyer and Captain Jo. Pickett to remain in this Place, to keep free the Passage to this Town: All which are ready to perform; but, in regard of His Majesty's express Commands to the contrary, thought good to give your Honour Notice; not doubting but shall receive such Satisfaction from the Parliament and your Honour as we have above expressed: Expect an Answer from the Parliament and your Honour before we shall depart this Part. Two Ships, being laden out of the Magazine, are in the Road; and this Day Two Ships more will be dispatched. Humbly take Leave, and rest,
Your Honour's most humble Servants,
Kingston on Hull, the 16th of May, 1642.
A Message was sent to the House of Commons, by Sir Edw. Leech and Dr. Littleton:
Message to the H. C. with this and the King's Warrant, &c.
To deliver to them the Captains Letters, and the Copy of the King's Warrant to them; and to deliver to them also the Order of this House for their Indemnity; and to desire the Concurrence of the House of Commons therein.
Henry Stamford and Family Leave to travel.
Upon the Petition of Mr. Henry Stamford, desiring, for his Health, that he, his Wife, and Family, may have Leave to travel to The Spaw for his Health; which was Ordered accordingly, provided he bring in a List of his Servants, and their Number.
Declaration from the H. C.
The House took into Consideration the Declaration last brought from the House of Commons, which was first read throughout, and afterwards read in Parts.
The Messengers that went to the House of Commons return this Answer:
Answer from thence.
That they have delivered the Papers to the House of Commons, and they will return an Answer by Messengers of their own.
A Message was brought from the House of Commons, by the Lord Viscount Cranborne:
Message from the H. C. for a Conference about the Letter from Hull, &c.
To desire a Conference, touching the Letters concerning Hull, sent down this Morning to the House of Commons, and (fn. 3) some further Information concerning that Business.
That their Lordships will give a Meeting presently, as is desired.
Amendments in the Declaration.
In the Declaration, Fol. 4°, Linea 5a, instead of ["neither"], put in ["not"]; et 6a, leave out these Words ["We should neither follow the Direction of the Law nor"].
Fol. 13. To desire to know what Proof the House of Commons have, that the Plot of breaking the Neck of this Parliament was informed out of France."
Sir James Levingston concerning Sutton Marsh.
Ordered, Sir James Levingston shall have an Order, in the same Terms as the Lord Phill. Herbert hath, concerning Sutton Marsh.
Brough and Manwood sent for, for scandalous Reports of the Lord Lieutenant of Ireland.
Ordered, That Captain Brough, Captain Manwood, shall be sent for, to appear before this House, on Friday Morning next, touching the scandalous Reports which they have given out against the Lord Lieutenant of Ireland, that he should sell Officers Places for Money; and Mr. James Battier, Tho. Cary, Captain Perkins, and Mr. Chester and his Man, shall have Notice to attend as Witnesses at the same Time.
Adjourn till 3a post meridiem.
The Lord Privy Seal sat Speaker.
House adjourned during Pleasure, and the Lords went to the Conference. The House of Commons being come;
Conference about Letters from Hull reported.
The Lord Privy Seal reported the Effect of this Conference: "That Mr. Pym delivered to their Lordships a Letter from Hull, from Sir John Hotham; who desires,
"1. A Committee of Reputation to assist him.
2. He finds the Townsmen false.
"3. A Want of Mills to grind Corn.
"2. A Letter from the Committee at Hull, 16 Maii, and the Copy of the King's Warrant inclosed, and desired Order to the Four Masters of the Ships.
"3. Mr. Hilliard's Information for House commanded to appear on Friday next, and the Prince to be their Captain.
"4. That the Committees sent are coming away.
"5. The House of Commons have prepared a Form of a Letter to be sent down to Hull."
"6. An Order to be sent down."
The House of Commons desires Concurrence in this Order; and desired to know whether the Lords will appoint any Committees, to join with the Committee which the House of Commons hath appointed to go to Hull.
Committees to be sent to Hull.
Ordered, That the Lord Willoughby is appointed to be a Committee for this House, to join with the House of Commons; and, when he comes, he is to be sent down, if there be Occasion; or, if he stays there, the Order is to be sent down to him, that he may assist the Committee upon any emergent Occasion.
Message to the H. C. that the Lords agree to the Letter and Order.
A Message was sent to the House of Commons:
To let them know, that this House agrees with the House of Commons in the Letter and the Order.
Ordered, That the Speaker shall sign and send away the Letter.
Lord Morley and Captain Kirke.
Ordered, That the Clerk of the Crown shall issue out a procedendo, to (fn. 4) remain the Indictment and Examination into the King's Bench, concerning the Lord Morley and Captain Kirke.
Letter to Sir John Hotham.
"Your Letter of the 16th of May I received this Morning, and forthwith communicated it to the House, who do very much approve your diligent and prudent Carriage in Discharge of the great Trust imposed on you, so much concerning the Peace and Safety of the whole Kingdom, and thank you for the same: If the House had sooner known of the coming away of the Committee, and of the great Necessity that some such Assistance should be there, they would sooner have provided to have had their Absence forthwith supplied by others; for which Purpose they have now resolved of Seven more of this House to be added to the former Committee, as you may perceive by the Order inclosed, whereof they intend that Four shall always be resident there: According to your Desires, you shall receive an Order of both Houses, for the Encouragement and Indemnity of the Captains and Masters of the Ships; of whose Obedience thereunto we are assured, by their Profession in their own Letter to the Lord Admiral, That what both Houses of Parliament should Order, they shall with their utmost Endeavours perform, for His Majesty's Safety, and Good of this State; of which, being an Expression of so good Affection to the Service of the Parliament, this House takes especial Notice, and desires you to give them Thanks in their Name, as also to the Mariners, of whose Forwardness in this Service they are also informed: And the House doth require, that the Magazine that is already shipped may be sent with all convenient Speed, with perfect Inventories what is in every Ship, and what you have kept behind, to remain there for the Defence of the Place, if there be Occasion. Two of the Ships of War are designed for the Convoy of the Magazine; the other Two shall be appointed to attend in that Harbour, for the better securing of that Town, till there shall be further Order: We understand the Proceedings in Yorkshire; and, though there be some disaffected, yet there appears so great Part of the County to be well disposed to the Peace of the Kingdom, that it is hoped that they will so over-awe the other Party as to keep them quiet. I send you inclosed a Copy of the Ordinance of both Houses, which was Yesterday sent to the Committees at Yorke, to be delivered to the Sheriff, who hath carried himself so worthily and faithfully, that there is no Doubt, whatsoever Mr. Hilliard's Report is, but he will do his Duty, in obeying the Directions and Authority of Parliament, for preserving this Kingdom from the Miseries and Calamities of Civil War, which is so earnestly endeavoured to be kindled by some evil Counsellors about the King, who can find no Way to escape the Punishment of their own Wickedness, but by the Confusion of the whole State. It is much wondered that there should be any in that Town so blind as not to discern the Mischief intended to the Commonwealth, if Hull had not, by the Wisdom of the Parliament, been secured from the malignant Party, or so disaffected as not to concur in the Furtherance of that which is so necessary for the Public Good, wherein the Safety of that Town and their own Interests are involved; but, as their Perverseness will make you more watchful, so your Watchfulness (fn. 5) will make them less hurtful; and it is hoped the Proceedings in Yorkeshire will every Day more open their Eyes, to see the Dangers and Miseries like to overwhelm those Parts, if honest well-affected People do not join with the Parliament to prevent the same: The House means to send away Two of the Committees forthwith; and when they have been more fully informed by Sir Christopher Wray of those Matters which you write they shall understand by him, it is resolved to send to you again; and I am commanded to tell you, that you may rest assured, as you have the Authority of the Parliament, and Strength of the greatest and best Part of the Kingdom, so you shall have the Prayers of all that truly affect the Prosperity and Peace of this Church and State concurring with you; to which I add the good Respects and best Wishes of
Order to indemnify the Captains of Ships at Hull, for removing the Magazine from thence.
Whereas the Lords and Commons in Parliament thought fit and necessary, for the Safety of the King and Kingdom, that the Magazine of Arms and Ammunition at Kingston upon Hull should be removed from thence (fn. 6) to The Tower of London, and did Order the same accordingly, and have appointed several Ships for the transporting and wasting thereof, which are ready at Hull for that Service; it is Ordered, by both Houses of Parliament, That the said Magazine and Arms shall be forthwith removed, and brought away from Hull, to The Tower of London; and the Captains, Lieutenants, Masters, and other Officers and Companies of the said Ships, are hereby required and enjoined forthwith to perform the same, notwithstanding any Command to them directed to the contrary: And for the Indemnity of Captain William Driver, Captain George Swanly, Captain Lawrence Mowyer, Captain John Piggott, and such other Captains, Lieutenants, Masters, Officers, Mariners, and all other Persons, which have done, or shall do, any Thing according to the said Ordinance of both Houses of Parliament, or in Execution thereof, touching the removing, shipping, or transporting the said Magazine, or any Part thereof, from Hull to The Tower of London, as aforesaid; it is Declared and Ordered, by both the said Houses, That they, and every of them, shall have the Assistance of both Houses of Parliament, against any Inconveniences which may happen to them, or any of them, by or for obeying the said Commands, in this so necessary and important Service."