House of Commons Journal Volume 2: 28 April 1642

Die Jovis, 28 Aprilis, 1642.

PRAYERS.

Delavales's, &c. Petition.

THE humble Petition of Sir John Delavale Knight, and Edward Gray Esquire, was this Day read: And

Ordered, That the Examination of this whole Business, concerning Sir Jo. Delavale, and Edw. Gray Esquire, be referred to Sir Guy Palmes, Mr. Cage, Sir Edw. Partheriche, Sir Anthony Ireby, Sir Jo. Holland, Sir Tho. Widdrington, Mr. Charles Pym, Sir Roger North, and the Knights and Burgesses of Cumberland, Northumberland, and Yorkeshire: and are to meet To-morrow, at Two post meridiem, in the Exchequer Court: And have Power to send for Parties, Witnesses, Papers, Records, &c.

Mr. Blakiston, a Member of this House, is appointed to attend this Committee.

Message to Lords.

Sir Gilbert Gerrard reports, That on Tuesday Night last he carried up a Message to the Lords, consisting of divers Particulars:

That the Propositions concerning setting forth of Ships, and the Article to be added to the Commission for the raising of more Men, they are committed: And this House had heard a Report of it, 'er this, had not the Lords been interrupted by the Business of Hull: As to the other Particulars concerning the sending for Sir Jo. Hales, and Sir Tho. Darrell, as Delinquents, they agree unto it: And for the Summoning of the rest, there being no Cause expressed, they leave it to this House to do therein what they please.

Publishing seditions Verses.

Resolved, upon the Question, That Mr. Peter Maxfield of Meare in the County of Stafford, shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for publishing certain seditious Verses.

It is likewise further Ordered, That Tho. Loachard and R. Eudley * of the Witnesses that testified this before Arth. Sandford and Rowland Hill of *, Esquires, Justices of Peace, be likewise summoned to appear here, to make good their Allegation.

Members riding on Fast Day.

Information was given, That Mr. Kinge, Mr. Whittacre, and Mr. Davies, rode Yesterday, being the Day of the publick Fast.

Ordered, That Mr. Kinge, Mr. Wm. Whittacre, and Mr. Davies, at their first coming into the House, shall give Account to this House, why they rode Yesterday, being the publick Fast; and why they departed, and have been so long absent from the House, without Leave: And that this Order be set up at the Door.

Misnaming Commrs.

Mr. Reynolds shall peruse the Act of Contribution, and prepare such an Order as may prevent such Inconveniencies as may happen by the misnaming of any Commissioners in that Bill.

Naval Stores, &c.

Ordered, That the Certificate from * * Officers of the Navy, concerning the Arrears of Assignments from the Parliament, for Naval Stores and Provisions, 1642, be referred to the Committee for the Navy.

Tonage and Poundage.

1^a vice lecta est Billa, A Subsidy granted to the King, of Tonage, Poundage, and other Sums of Money, payable upon Merchandize exported and imported.

2^a vice lecta est Billa prædicta.

The Bill was brought in, with a Blank for the Time:

And thereupon it was Resolved, upon the Question, That the Time in this Bill shall . . . from the Second Day of May, 1642, to the Second Day of July *.

The Question being put for the Committing of the foresaid Bill;

It passed with the Negative.

And then the Question was put for the Ingrossing:

Which passed with the Affirmative: And the Bill ordered to be forthwith ingrossed accordingly.

Turkish, &c. Captives.

1^a vice lecta est Billa, An Act for the Relief of the Captives taken by Turkish, Moorish, or other Pirates; and for the Preventing the Taking of others in time to come.

2da vice lecta est Billa prædicta; and, upon Question, committed unto the former Committee for the Bill of Algiers; with the Addition of Mr. Vassall, Mr. Grimston, Mr. Sandys, and the Burgesses of all the Port Towns: And are to meet on Monday next, at Two post meridiem, in the Star-chamber.

Monmouth Magazine.

A Certificate concerning the Inhabitants of the Town of Monmouth, refusing the Delivery of the Magazine, according to Two Orders of the House of Commons, was this Day read.

Mr. Rowland Morgan being called to the Bar; said, He was at Monmouth, when the Justices came to the Town, to require the Mayor, and other Inhabitants, to deliver the Magazine, to be removed to Newport, according to the Order of this House: The First Time the Mayor said, "It was an ill Time to deliver the Arms, being there was a Difference between the King and the Parliament."

He was likewise at Monmouth, when the Justices of Peace required, by this House, to remove the Magazine: The Second time they came, the Deputy Mayor said, "He knew not where the Key was:" The Bailiff said the like.

There is a new Door set up, with Two Locks, upon the Command of the Mayor, and one Mr. Jo. Milbourne.

Ordered, That, at the next Conference, the Lords shall be moved to join with this House, for the Removing the Magazine of Monmouth, from the Town of Monmouth, to Newport in the same County; and to acquaint them with the Certificates and Informations this House has received concerning this Business.

Declaration concerning Hull.

Ordered, That the Committee for the Declaration concerning Hull, shall have Power to send for such Persons as they shall think fit, to give them Information in that Business.

Money advanced for Iceland, &c.

Ordered, That the Thousand Pounds undertaken by Mr. Crew, and others, to be advanced for the Service of Ireland, and now ready at Northampton, shall be repaid unto them, out of the Subsidy of Four hundred thousand Pounds, to be levied in the County of Northampton.

Ordered, That the Six thousand Pounds advanced by the Gentlemen of Bucks, upon the Act of Loan and Contributions for Ireland, shall be paid to the Treasurers of London, appointed by the said Act; and by them paid over to Mr. Loftus, Deputy Treasurer at Wars for Ireland, for the Service of the Affairs of Ireland. And it is further Ordered, That Mr. Loftus shall lend and pay unto Mr. Jo. Hotham Two thousand Pounds, to be returned to Sir Jo. Hotham, for Payment of the Garison at Hull: And that the said Two thousand Pounds shall be repaid unto Mr. Loftus, out of the Money that shall come in upon the Bill of Four hundred thousand Pounds: And that the Lords be desired to join in this Order.

Lincolne, &c. Committee.

It is this Day Ordered, That Sir Edw. Aiscough, Sir Christ. Wray, Sir Sam. Owfield, and Mr. Hatcher, shall forthwith repair into the County of Lincolne, and to the Town of Hull; and there execute and pursue such Instructions as shall be agreed upon by both Houses.

Mr. Holles, Mr. Jo. Evelyn, Mr. Hampden, Mr. Crue, Sir Wm. Lewes, are appointed to prepare these Instructions.

Person called to the Bar

Ordered, That Mr. Best, of Graie's Inn, be forthwith summoned to * * * *

Mr. Best, of Graye's Inn, was called in to the Bar: Said that he was desired by some Gentlemen of Graye's Inn * * * *

Lords will sit.

Mr. Cromwell brings Answer, That the Lords will sit this Afternoon, at Two of Clock.

Message to Lords.

Mr. Cromwell was again sent up to the Lords, to desire them to sit awhile; in regard they should have Occasion to come up presently unto them, upon Matters that concern the Peace of the Kingdom.

Kentish Petition.

Mr. Busby and Mr. Wm. Smyth, Two Gentlemen of Graye's Inn, desired Mr. Best to prevent the coming up of the Kentish Petition: Which he said he would do the best he could. That if those Gentlemen that had subscribed the Petition, and others, that were questioned, might be freed from any further * * * *

He spake to Mr. Busby about it-

Confessed his Hand to be to the Petition: And that he had set Hand to it.-

He had spoken with Sir Wm. Springall and Mr. Madox about it, since he came to Town.-

He had dissuaded none from it; nor persuaded none to it.-

That the Jurates of Maidston were very doubtful whether they should come.-

That Seven or Eight thousand would be there.-

Ministers Maintenance.

Ordered, That the Propositions made for the better Maintenance of the Ministry, be offered to the House To-morrow Morning.

Lords will sit.

Mr. Cromwell brings Answer, That the Lords will sit a convenient time.

Kentish Petition.

Sir H. Vane went up to the Lords, to desire a Conference, by Committees of both Houses, concerning the Business of the Kentish Petition.

Sir H. Vane brings Answer, That the Lords will give a present Meeting, as is desired.

Mr. Pym and Mr. Holles are appointed Managers of this Conference: And are to acquaint the Lords what Informations have been given here, concerning the Kentish Petition: And to desire, that an Order of both Houses may be sent to Serjeant-major Skippon, and the Committee for the Militia of London, requiring them to hav an Eye, and a Care, to prevent all Inconveniencies that may ensue, by the tumultuous and disorderly gathering together of any Multitudes, to the Disturbance of the publick Peace.

Lord Lieut. of Ireland.

Ordered, That it be referred to the Commissioners for Irish Affairs, to prepare Instructions, that may relate to the Lord Lieutenant's Commission for his Managing the War in Ireland: And to bring them in with Expedition.

Pressing Soldiers, &c.

Ordered, That it be referred to Mr. Reynolds, Mr. Prideaux, Mr. Whitlock, Mr. Solicitor, and Mr. Serjeant Wilde, to view the Acts of Parliament for Pressing of Soldiers, and concerning the Subscriptions; And to prepare an Order, according to the Directions of those Acts, for the Raising of Sixteen thousand Men, to be agreed on by both Houses of Parliament, and presented unto his Majesty for his Consent thereunto.

Votes concerning Hull.

Mr. Glyn reports from the Committee, a Preamble and Narrative to be prefixed before the Votes of both Houses, concerning the Business of Hull: The which was twice read; and, by Vote, upon the Question, assented unto. And

Ordered, That a Conference shall be desired with the Lords, by Committees of both Houses: And that this Narrative shall be delivered at That Conference; and their Lordships Concurrence desired herein: And that this Narrative, together with the Votes upon the Business of Hull, be forthwith published in Print.

Lord Lieut. Ireland.

Ordered, That it be referred to the Commissioners for Irish Affairs, to consider of the speediest Way and Means of dispatching the Lord Lieutenant of Ireland into Ireland; and what Monies will be necessary for his Dispatch; and upon what Instructions: And to prepare those Instructions with all Expedition: And to give this House a speedy Account hereof.

Adventurers.

Ordered, That the Committee for Adventurers do meet this Afternoon, in the wonted Place, notwithstanding that the House sit.

Lincolne, &c. Committee.

Mr. Crue reports, from the Committee, the Instructions to be given to the Committees sent into Lincolneshire, &c. The which were read; and, by Vote, upon the Question, assented unto; and ordered to be delivered unto the Lords, for their Concurrence herein, at the next Conference.

Mr. Holles likewise reports an Order giving Power to the Committees aforesaid to require the Assistance of the Deputy Lieutenants, Justices of Peace, and other his Majesty's Officers and loving Subjects, for the better Performance of the said Instructions: The which was read; and assented unto; and ordered to be delivered to the Lords, at the next Conference, to desire their Concurrence therein.

Tonage and Poundage.

3tia vice lecta est Billa, An Act for a Subsidy of Tonage and Poundage, &c. granted to the King; and, upon Question passed.

A Proviso was offered to be added to the Bill: Which was twice read; and then, upon the Question, ordered to be added to the Bill: And was read the Third time, and then added accordingly.

Mr. Solicitor carried up this Bill to the Lords.

Turkish Captives.

Resolved, upon the Question, That Alderman Towse, and Captain Randolph Manwaring, and such as they shall depute, and will be answerable for, shall be Collectors in the several Ports of all such Sums as shall be payable, and shall come in upon and by virtue of this Act, intituled, An Act for the Relief of the Captives taken by Turkish, Moorish, and other Pirates.

Conference concerning Hull.

Mr. Hotham is appointed to go to the Lords, to desire a Conference, by Committees of both Houses, concerning the Business of Hull.

Mr. Glyn and Mr. Crue are appointed to manage this Conference.

Persons sent for.

Resolved, upon the Question, That Mr. Guillime, Deputy Mayor of the Town of Monmouth, in the Absence of Mr. Edward Mason, Mayor there; and Edward Taylor, One of the Bailiffs of the said Town, and Justice of Peace there; and Mr. Tho. Packer, One of the Aldermen of the said Town; be forthwith sent for, as Delinquents, by the Serjeant at Arms attending on this House; for refusing to deliver the Magazine of the said County, in the said Town, to the Persons authorized to receive the same, by several Orders of this House, to be removed to the Town of Newport, in the said County, according to the positive Orders of this House.

Persons put out of the Commission.

Ordered, That Mr. Valentine do move the Lord Keeper, to put Henry Probet, William Kemp, and David Lewes, of the County of Monmouth, Esquires, out of the Commission of the Peace, for refusing to be Assistant, among other Justices of the said County, to the Performance and Execution of the Orders of this House, for the Removing of the Magazine from the Town of Monmouth, to the Town of Newport, in the said County.

Conference.

Mr. Hotham brings Answer, That the Lords will give a present Meeting, as is desired.

Raising Volunteers.

Mr. Reynolds reports the Article to be added to the Commissions and Instructions for Irish Affairs, for the Raising of Ten thousand Men Voluntiers: Which was read; and assented unto: And ordered to be carried up to the Lords by Mr. Reynolds.

Raising Men for Ireland.

Ordered, That the Knights and Burgesses of Dovon, Sommersett, Wilts, Dorsett, Gloucester, Wales, shall be added to the Committee appointed to consider of the Raising of Men for the Service of Ireland, according to the Acts for Pressing of Soldiers; and Subscriptions: And all, that will come, to have Voices: And are to meet To-morrow, at Two post meridiem, in the Court of Wards.

Naval A/?/.

Ordered, That the Lord Admiral be moved to give Directions, that the Two Frigates bought at Dover, by Order of this House, be made ready to set to Sea, and employed in the Service of the Commonwealth.

Transporting Horses.

Ordered, That Tho. Willford, who hath Leave to go into France, shall have a Warrant, under Mr. Speaker's Hand, to transport Two Horses with him into France.

Defence of Irish Coasts.

Ordered, That Mr. Reynolds, when he goes up with the next Message, shall desire the Lords to expedite their Resolutions concerning the Propositions made by the Merchants, for Setting forth of Ships for the Defence of the Irish Coasts.

Commrs for raising Menies.

The humble Petition of the Commissioners inhabiting the West Division of the County of Surrey, for the Raising of the Monies charged upon that County, by the Bill of Four hundred thousand Pounds.

Securing Recusants.

Resolved, upon the Question, That the Bill, for the Putting of the Persons of divers Recusants into safe Custody, formerly reported, with some Amendments; and the Amendments twice read; be forthwith ingrossed, with the said Amendments, &c.

Person sent for.

Resolved, upon the ... That Jo. Thomas shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House, for printing cortain seandalous Pamphlets: And that the Warden of the Company of Stationers be required to be assistant to the Serjeant for the Apprehending of him.

Proceedings against Kilcop.

Ordered, That the Lord Chief Justice shall be required, from this House, to proceed against Tho. Kilcop, according to Law, speedily, and with Effect, for the Setting forth, and publishing a scandalous, ignorant Pamphlet, intituled, A Treatise of Baptism; wherein is declared, That only Christ's Disciples, or Believers, are to be baptized; and that the Baptizing of Infants hath no Footing in the Word of God; but is a mere Tradition received from our Forefathers: Printed in the Year 1642.

Mr. White is to move the Lord Justice herein.

Conference concerning Hull.

A Message from the Lords, by Sir Edw. Leech and Dr. Childe;

The Lords desire a Conference, by Committees of both Houses, touching the Matter of the late Conference concerning Hull, presently, in the Painted Chamber, if it may stand with the Conveniency of this House.

Answer returned by the same Messengers; That this House has taken their Lordships Message into Consideration; and will give a present Meeting, as is desired.

Mr. Glyn, Sir Hugh Cholmeley, Sir Wm. Lewis, Mr. Wheeler, are appointed Reporters of this Conference.

Conference reported.

Mr. Glyn reports from the Conference, That the Lords had taken the Declaration, Order, and Instructions, into Consideration: That they had assented to them, with some small Alterations and Additions; The which were read; and assented unto: And carried up to the Lords again by Mr. Glyn.

Declaration, &c. concerning Hull.

THE Lords and Commons in Parliament, finding just Cause to fear, not only the desperate Designs of Papists and others of the malignant Party at Home, but also the Malice of Enemies incited by them from abroad, thought it necessary, for the Safety of this Kingdom, to secure the Town of Kingston upon Hull, being One of the most considerable Places for Strength, and affording the best Conveniency for Landing of Forces, and where a great Part of the Magazine of the Kingdom, for that Time, was placed; and, for that End, appointed Sir John Hotham, One of the Members of the House of Commons, being a Gentleman of the same County, of a considerable Fortune and approved Integrity, to take upon him the Government of the Town, and to draw thither some of the Trained Band for the Guard thereof; in which Apprehensions and Resolution they were the more confirmed, by the Sight of some intercepted Letters of the Lord Digby, (a principal Person of That Party) written to the Queen, and Sir Lewis Dives; whereby that Party discovered an Endeavour to persuade his Majesty to declare himself, and retire into some Place of Safety in this Kingdom, in Opposition to Ways of Accommodation with his People; and to give the better Opportunity to himself and other dangerous Persons to resort thither; (which could have no other End but to incline his Majesty to take Arms and good Subjects, and miserably to embroil this Kingdom in Civil Wars;) about which time, Captain Legg (a Man formerly employed in the Practice of bringing up the Army against the Parliament) had Direction, by Warrant produced by him, under the King's Hand and Sign Manual, to enter Kingston and Hull, and to draw thither such of the Trained Bands as he should think fit: And that the Earl of Newcastle came thither in a suspicious Way, and under a feigned Name; and did endeavour to possess himself of the said Town, by virtue of the like Warrant and Authority. They further conceiving, that the Magazine there being of so great Importance to this Kingdom, would be more secure in the Tower of London, did humbly petition his Majesty to give his Consent the same might be removed: Which, notwithstanding, his Majesty did refuse: And thereupon some ill-affected Persons about the City of York, took upon them the Presumption, in Opposition to the Desires, and in Contempt of both Houses, to petition His Majesty to continue that Magazine at Hull: alleging it to be for the Safety of his Majesty; as if there could be a greater Care in them of his Majesty's Royal Person, than in his Parliament. And his Majesty, the next Day after the Delivery of that Petition, being the Three-and-twentieth of this Instant April, took Occasion thereupon to go to the Town of Hull, attended with about Four hundred Horse (the Duke of York, and the Prince Elector, being sent thither the Day before) and required Sir John Hotham to deliver up the Town into his Hands: Who perceiving his Majesty to be accompanied with such Force as might have mastered the Garison of the Town, and having received Intelligence of an Intention to deprive him of his Life, in case the King should be admitted, informed his Majesty of the Trust reposed in him by both Houses of Parliament, and that he could not, without Breach of that Trust, let him in; beseeching his Majesty to give him Leave to send to the Parliament, to acquaint them with his Majesty's Commands, and to receive their Directions thereupon; which he would do with all Expedition: Which Answer his Majesty was not pleased to accept of; but presently caused him and his Officers to be proclaimed Traitors before the Walls of the Town; and thereupon dispatched a Message to both Houses, therein charging Sir John Hotham with High Treason, and aggravating his Offence, because he pretended the Parliament's Command; in the mean while, hindering him of all Means of Intelligence with the Parliament, for his Majesty immediately caused all Passages to be stopped between him and them: And, in pursuance of the same, One of his Servants, who was sent by him with Letters to the Parliament, to inform them of the Truth of these Proceedings, was apprehended, his Letters taken from him, and his Person detained; whereby (contrary to the common Liberty of every Subject) he was not only deprived of Means to clear himself of that... Accusation, but of all Ways of Intercourse, either to receive Direction from them that trusted him, or to inform them what had happened. The Lords and Commons, finding the said Proceedings to be a high Violation of the Privileges of Parliament (of which his Majesty had, in several Messages, expressed himself to be so tender) a great Infringement of the Liberty of the Subject and the Law of the Land (which his Majesty had so often lately professed should be the Rule to govern by) and tending to the endangering of his Majesty's Person, and the Kingdom's Peace, thought fit, as well as for the Vindication of their own Rights and Privileges, Indemnity of that worthy Person employed by them, as for the clearing of their own Proceedings, to publish these ensuing Votes:

It is this Day Ordered, by the Lords and Commons in Parliament, That the Earl of Stamford, the Lord Willoughby of Parham, Sir Edward Aiscough, Sir Christopher Wray, Sir Samuel Owfeild, and Mr. Hatcher, shall forthwith repair into the County of Lincoln; and from thence to Kingston upon Hull, (and if there be Occasion) into any others Parts of Yorkshire, and pursue these Directions following:

1. That if any Forces are or shall be raised or gathered together in the Counties of York and Lincoln, either to force the said Town of Hull, or to stop any of the Passages to or from the same, or any other way to disturb the Peace of the Kingdom; then they, or any Three of them, in the Name and by the Authority of both Houses of Parliament, shall require the Lord Lieutenant, or, in his Absence, the Deputy Lieutenants of either of the said Counties respectively, to suppress and remove all such Force; and to free and keep open all the Passages to Hull: And, in Performance hereof, shall also require the Sheriffs, Justices of Peace, and all other his Majesty's Officers and Subjects, in the Name of both Houses of Parliament, to assist therein as oft as they shall see Cause.

2. They shall thank Sir John Hotham, the Commanders and particular Soldiers, under him, and such of the Inhabitants of the Town as have observed the Command of the Houses of Parliament, and kept the Town in pursuance of the same; and shall give them all Encouragement to continue their Care and Fidelity in this Service, conducing so much to the Safety and Peace of this Kingdom.

3. They shall, from time to time, certify the Houses of all Occurrences; and shall all, or any of them, return, as they shall see Occasion.

York, &c. Committee.

WHEREAS the Earl of Stamford, the Lord Willoughby of Parham, Sir Edw. Aiscough, Sir Christ. Wray, Sir Sam. Owfield, and Mr. Hatcher, are, by the Lords and Commons in Parliament assembled, commanded to make their Repair unto the Counties of York and Lincoln, an the Town of Kingston upon Hull, for special Service for his Majesty, and the Peace and Safety of the Realm; and accordingly, have received particular Instructions for their better Direction therein: These are to require all Lords Lieutenants and their Deputies, Sheriffs, Justices of the Peace, Mayors, Bailiffs, Constables, and all other his Majesty's Officers and loving Subjects, to be aiding and assisting unto them upon all Occasions, as Need shall require.