House of Commons Journal Volume 2: 05 August 1642

Die Veneris, 5 Augusti, 1642.

PRAYERS.

Prisoner released.

RESOLVED, That Mr. Williams, who was formerly sent for, as a Delinquent, and now remains in the Serjeant's Custody, be forthwith released from any farther Restraint.

Bailing a Prisoner.

Ordered, That Rich. Walmesley, Constable of Stepney, be forthwith bailed.

Ly. Cambell, &c.

The Lady Cambell and Marten Bond to be added to the Order for the Sheriff of Caermarthenshire.

Payment to Andrewes, &c.

Ordered, That the Treasurers of the Chamber of London, appointed by the Act for the Receipt of Four hundred thousand Pounds, do forthwith pay, or cause to be paid, unto Alderman Andrewes, and his Associates, who are intrusted for the Getting in of the Arrears upon the Bills of the first Six Subsidies, Poll Money, Contributions, and Loans, for Ireland, and the first Payment of the Bill of Four hundred thousand, Pounds, the Sum of Two hundred Pounds, as an Advance for that Service; and after Deduction made of that Sum of Two hundred Pounds, they pay, or cause to be paid, from time to time unto the aforesaid Alderman Andrewes, or his Associates, or their Assigns, upon Certificate under the Hands of Two of the Receivers, in the several Offices where the aforesaid Arrears are paid in, Twelve Pence in the Pound, upon all such Arrears as are brought in by their Means, after the Twenty-sixth of July last past, upon the said Acts of the first Six Subsidies, Poll Money, Loans, and Contributions; and One Peny in the Pound upon all such Arrears as are brought in by their Means upon the first Payment of the Bill of Four hundred thousand Pounds; And for the Doing thereof this shall be your sufficient Warrant.

Warwickshire, &c. Affairs.

Ordered, That the Lord Lieutenant of the County of Warwick, and of the City and County of the City of Coventry, shall have Power, for the Preservation of the Peace of the Counties, for the Suppressing of the Commission of Array, and the Maintaining of the Ordinance for the Militia, to take such Course as shall be most advantageous for the Service.

Ordered, That this be carried up to the Lords for their Concurrence.

Affairs at Shepton Mallett.

A Letter from the Committee and Deputy Lieutenants of the County of Sommersett, from Shepton Mallett, of the first of August 1642, written to Mr. Speaker; relating the Passages at Shepton Mallett, upon Sir Ralph Hopton's, and Mr. Tho. Smyth, and others, coming thither to put the Commission of Array in Execution; and likewise the Passages, by way of Message, between the Committee and the Lord Marquis Herts, and his Company; were read ...

Resolved, That a Letter of Thanks shall be returned from this House, to the said Committee, Deputy Lieutenants and Sheriff, and to the Country: And that Sir H. Vane junior, and Mr. Whittlock, do prepare this Letter: And that it be especially referred to the Committee for the Defence of the Kingdom, to prepare and speed away such Forces, and other Necessaries, as shall be fit for the Safety of that County.

Proceedings against Sir R. Hopton, &c.

Resolved, upon the Question, That Sir Ralph Hopton shall be disabled to sit as a Member of this House, during this Parliament.

Resolved, That Mr. Tho. Smyth shall be disabled to sit as a Member of this House, during this Parliament.

Resolved, upon the Question, That new Writs shall be sent for new Elections of Burgesses to serve in this House, this Parliament, in the Place and Stead of Sir Ralph Hopton, Mr. Tho. Smyth, and Mr. Serjeant Hide, disabled by Judgment of this House to sit any longer as Members of this Parliament; and another Writ for electing of another Burgess to serve instead of Sir Jo. Jennings, deceased.

Resolved, That Sir Ralph Hopton, Mr. Tho. Smyth, Sir Ferdinando Gorges, and Sir Francis Dodington, be forthwith sent for, as Delinquents.

Ordered, That the Gentlemen appointed to write the Letter to the Committee and Deputy Lieutenants of Sommersettshire, do acquaint them with the Resolutions of this House, concerning the Parties mentioned in their Letter; and to send up Four or Five material Witnesses.

Ordered, That the High Sheriff of the County of Sommersett, and the Deputies Lieutenants and Committees of the said County, and the Forces that shall be sent down to the Assistance of the said Deputy Lieutenants, and Committee, be all required to use their best Endeavours for the Apprehending, and Sending up to the Parliament, the Delinquents above-named.

Resolved, upon the Question, That Rich. Board, Hercules Whiting, Nicolas Downton, James Strode, John Walker, and Jo. Coothe, the Parson of Shepton Mallett, be forthwith sent for, as Delinquents.

Resolved, upon the Question, That a Conference shall be desired with the Lords; and the Lords be acquainted with this Letter, and Passages in Sommersettshire; and what this House has done with the Members of this House, and likewise with those that are not Members: And to desire the Lords to join in sending for these Delinquents; and to take the Members of their House into Consideration.

That this Letter, and these Votes, be forthwith printed.

Mr. Strode is appointed to go to the Lords to desire a Conference concerning Letters received from Sommersettshire; and concerning some Advices received from beyond Sea; that concern the Safety of the Kingdom; and to carry up the Message concerning the Lady Rumney.

Norwich Indemnity, &c.

The Order for the Indemnity of the Mayor, Sheriffs, &c. of the City of Norwich, concerning Captain Treswell, and for the Preservation of their Magazine, was this Day read; and assented unto: And the Instructions to Mr. Catalyn, and Mr. Herman, Members of this House, Sir Jo. Hobard, Jo. Toly and Adrian Parventer Esquires, and the rest of the Deputy Lieutenants of that City: And the like Order that was sent into Shropshire for the Preserving of the Magazine, was likewise granted for this City, with this Addition, that the Magazine should be disposed of, as to the Mayor, Aldermen, Common Council, or the major Part of them, shall seem most convenient.

Message to Lords.

Sir Jo. Holland carried up these Orders to the Lords, for their Concurrence.

He likewise carried up the Order for the Discharge of such Recognizances as Persons employed in the Service of Parliament are forced to enter into; and the Order concerning the Power to be given to the Lord Lieutenant of the County of Warwick, for suppressing the Commission of Array, and preserving the Peace of that County.

Sir Roger Twisden.

Ordered, That Sir Roger Twisden be remitted to the Custody of the Serjeant, there to remain in safe Custody till the House take farther Order; and that his Bail be discharged, and the Bonds entered into by his Bail delivered up unto him.

Conference, &c.

Mr. Strode reports, That the Lords will give a present Meeting at a Conference, as is desired; and that the Lords have appointed an Earl to go with Two Members of this House, to thank the Lady Rumney.

Mr. Hampden, and Sir H. Vane junior are appointed Managers of this Conference.

Proceedings against Lord Mayor.

A Message from the Lords, by Sir Ro. Riche and Mr. Page;

The Lords are ready to proceed with the Lord Mayor, who attends at the Lords House, if any Members of this House be ready to come up to be present thereat.

Answer returned by the same Messengers;

The House hath resolved to send up some of their Members to be present at the Proceedings against the Lord Mayor.

Member disabled to sit, &c.

Resolved, upon the Question, That Mr. Jo. Digby be disabled to sit as a Member of this House, during this Parliament; and that he be forthwith sent for, as a Delinquent: And that Mr. Speaker issue out his Warrant for a new Writ for another Burgess to serve in his Stead.

Warrants for Money.

Memorandum, This Day a Warrant was signed for the Payment of Two thousand Pounds to Mr. Marten, in the Presence of Sir Gilbert Gerard, Sir Hugh Cholmeley, Sir Christ. Yelverton, and Sir Sam. Owfield.

The like for Payment of Five hundred Pounds to Jesse Godskallt.

The like for the Lady Moulson, for Five hundred Pounds.

Ordnance for a Ship.

Ordered, That Tho. Lemman of Kinge's Linne, shall have Liberty to take into his Ship Two Pieces of Ordnance for his own Defence.

Ditto.

Ordered, That the Master of the Ship that came from Hull, shall have Liberty to ship and carry in her, Two Pieces of Ordnance for her own Defence.

Answer from Lords.

Sir Jo. Holland reports, That the Lords agreed to the Orders and Instructions concerning Norwich; and to the Order concerning Manchester: And as to that concerning Warwickshire, they will send Answer by Messengers of their own.

Proceedings against Judge Mallett.

A Letter from Sir Rich. Onslow concerning the Passages in the Apprehending of Judge Mallett at Kingston, and his Adjourning the Assizes to the Sixteenth of this Month, to Darking, was this Day read: And it was

Resolved, upon the Question, That Judge Mallett shall be forthwith brought up to the Parliament, notwithstanding the Adjournment of the Assizes to Darking.

Resolved, upon the Question, That it be referred to the Committee for the Defence of the Kingdom, to consider what Force is fit to be sent for the Bringing of Judge Mallett to the Parliament: And that the Sheriff of the County of Surrey, and the Deputy Lieutenants and other Officers of that County, be required to be assistant to the Bringing of him up accordingly.

Sir Philip Stapilton carried up this Letter to the Lords; and acquainted their Lordships with the Opinion of this House thereupon.

Proceedings against Lord Mayor.

A Message from the Lords, by Sir Ro. Riche and Mr. Page;

The Lords have adjourned the Proceedings against the Lord Mayor, till Three of Clock this Afternoon, by reason of some Businesses of great Consequence that have intervened since their last Message: And do desire, that some Members of this House may be present at the Proceedings against him.

Ordered, That the Committee appointed to manage the Evidence at the Trial against the Lord Mayor, be present at the Proceedings against him, this Afternoon, at Three of Clock, in the Lords House.

Lucas' Plate.

The Question being put, Whether the Plate belonging to Sir Jo. Lucas, that was going to Yorke, and is stayed, by Order of this House, should be delivered unto him;

It passed with the Negative.

Cotterell's Trunk.

Ordered, That the Trunk of Cloaths, and Fifty Pounds in Money, belonging to Mr. Charles Cotterell, that was going to Yorke, and is stayed at Bell Savage, by Order of this House, be forthwith released.

Arms for Sommersett.

Ordered, That Mr. Wm. Strode, One of the Deputy Lieutenants for the County of Sommersett, shall have Mr. Speaker's Warrant for the Carrying down into that County some Musquets, and other Ammunition, for his Service, and the Service of the County.

Customs.

Mr. Greene reports from the Committee of the Navy, of the Willingness in the Merchants to pay the Customs, and make Entries according to the Ordinance of both Houses of Parliament.

Navy Treasurer, &c.

Resolved, upon the Question, That Sir Hen. Vane the younger shall be appointed Treasurer for the Receipts and Disbursements of the Monies for the Affairs of the Navy.

Resolved, &c. That Sir Hen. Vane junior, and all the Officers under him, shall have the same Allowance that former Treasurers and Under Officers have usually had.

Resolved, &c. That the Committee for the Navy do consider what Hall, or other Place, in the City of London, is most fit for this particular Service, and for the Security of the Monies that shall come in.

Ordered, That the Committee of the Navy do sit at such Time as they shall think fit; and sit in the Treasury Chamber.

Resolved, &c. That One thousand Pounds shall be advanced to the Earl of Warwicke.

Resolved, &c. That the Committee of the Navy do move the Customers to advance and pay the same to Sir Hen. Vane; and to assure them, that they shall be repaid out of the Receipts.

Resolved, &c. That the whole Fleet shall be re-victualled for Two Months longer.

Ordered, That it be referred to the Committee of the Navy, to consider of an Ordinance to give Power to that Committee, for Displacing of Officers, and doing other Acts, during the Adjournment of the House; and to prepare an Ordinance to enable Sir H. Vane to execute this Place of Treasurer.

Resolved, &c. That the Monies for the Victualling of the Navy, shall be advanced by the Treasurer of the Navy to the Treasurer of the Fleet, according as the Committee of the Navy shall order.

Ordered, That the Committee of the Navy do forthwith send to Sir Wm. Russell, to pay in the Thousand Pounds remaining in his Hands, which he received by Order of * * * *; and to declare unto him, that this House doth undertake to save him the said Sir Wm. Russell harmless.

Information against Alderley, &c.

Divers of the County of Essex were called in; who avowed the Information against Tho. Alderley and others, that those Volunteers in the County of Essex that met to train, were Traitors; and that it was easy to prove it, it being against the King's Proclamation.

Resolved, upon the Question, That Tho. Alderley, Jo. Argoll, and Tho. Argoll, shall be forthwith sent for, as Delinquents.

Person to be summoned.

Resolved, That Mr. Pascall shall be forthwith summoned to attend this House.

Reportmade.

Mr. Martyn reports, the Lords concur with this House, in * * *

Instructions to Committees.

Ordered, That Copies of the several Instructions given to the Committees shall be forthwith transcribed, and made ready for the Service of the House.

Additional Instructions.

Mr. Crue, Sir Rob. Coke, Mr. Rigby, Mr. Strode, Mr. Martyn, Mr. Cage, Mr. Gurdon, Mr. Rous, Sir H. Heyman, Sir Gil. Pickering, Sir Francis Knolls;

This Committee, or any Four of them, are to consider of such Instructions as shall be thought fit to be added to the former Instructions: And are to meet at Four .. Clock in the Afternoon, in the Exchequer-chamber.

Jones' Petition.

Ordered, That the Petition of Fra. Jones shall be referred to the Committee for Informations.

Commission of Array.

WHEREAS the Lords and Commons in Parliament are informed, That the late Declaration of both Houses of Parliament, shewing the Illegality of the Commission of Array, being made known to the County of Worcester by Members of the House of Commons, sent down for that Purpose by Command of the said House, the said County did forbear to yield Obedience to the said Commission: The said Lords and Commons do Declare, That they do much approve of the Wisdom and Care of the said County in so doing; and that they have done therein their Duty to the King and Parliament, according to the Laws of this Realm. And the said Lords and Commons do further Declare, That if there shall be any Attempt or Endeavour to execute any such Commission of Array within the said County, or any Warrants shall be issued out for that Purpose, that then the Trained Bands and Inhabitants of the said County or Counties of the City of Worcester, and every of them, are hereby required and injoined not to appear, or yield Obedience thereunto; but wholly to desert the same: And in so doing they shall be protected by Authority of both Houses of Parliament. And the said Lords and Commons do further Declare, That all such Persons of the Trained Bands, or others, which shall presume to appear upon any such Warrant, or shall obey any such Commission, or shall do any thing in Execution thereof, shall be held Disturbers of the common Peace: and shall be accountable for the same to both Houses of Parliament.

Recruits for Duncannon Fort.

WHEREAS credible Information hath been given, That the Fort of Duncannon, in the Kingdom of Ireland, is in great Distress for want of a competent Number of Men to guard the same; It is therefore (by virtue of an Act of Parliament, made this present Session, intituled, An Act for the speedy and effectually Reducing of the Rebels in his Majesty's Kingdom of Ireland, to the due Obedience of his Majesty and the Crown of England) this Day Ordered and Ordained, by the Lords and Commons in Parliament, That John Bunbury Gentleman, or his Deputy, who are hereby authorized thereunto, shall forthwith levy and raise, or cause to be levied and raised, within the City of Bristoll, or Parts adjoining thereunto, One hundred Soldiers, Volunteers, by way of Recruit, to be by him conducted to the said Fort with all possible Speed; and to be put under the Command of the Lord Esmond, Governor of the said Fort, for the Defence thereof. And we do hereby likewise require the Mayor of the said City, to provide Shipping, and other Necessaries, for the speedy Transportation of the said One hundred Men. And we do charge and require, as well the said Mayor, as all Sheriffs, Constables, and other Officers, and all other his Majesty's Subjects, to be aiding and assisting to the said John Bunbury, in the Performance of the Premises, as they will answer the contrary at their Perils. And it is lastly Ordered, That Mr. Loftus shall forthwith deliver unto the said John Bunbury, by way of Imprest, the Sum of One hundred Pounds, to be employed for the Levying and Transportation of the said Men.

Resolved, upon the Question, That the Lords be moved to join herein.

Issues from Customs.

IT is this Day Ordered, by the Lords and Commons in Parliament, That the Commissioners and Collectors formerly appointed to collect and receive the Custom and Subsidy of Tonage and Poundage, due, together with all other Monies which shall be advanced by Merchants, upon their Entry, by way of Loan, shall issue out such Money, from time to time, as they shall be appointed to pay by Order of the Committee for the Navy of the Commons House of Parliament, for the Use of the Navy, and the Fleet now at Sea; and hereafter to be employed by Authority of both Houses of Parliament, for the Guarding of the Seas, and Defence of the Kingdom: Whose Order from them shall be their sufficient Discharge.

Navy Committee, &c.

IT is this Day Ordered, by the Lords and Commons in Parliament, That the Committee of the Navy, appointed by the House of Commons, shall have Power and Authority to grant their Orders, upon all Occasions, unto the Collectors of the Customs, and other Monies advanced by way of Loan, for the Issuing out of such Monies as they find useful for the Use of the Navy and the Fleet now in this present Service, or shall hereafter be employed by Authority of both Houses of Parliament, for the Guarding of the Seas, and Defence of the Kingdom: All which Monies so by them ordered, shall be paid to the Hands of Sir Henry Vane junior, Knight, appointed by both Houses of Parliament, to be Treasurer of the Navy, or his Assigns; who is to receive and issue out all such Monies, from time to time, to such Persons and Uses as he shall receive Order from the Commons House, or the said Committee. And, for the better Advance of this Service, and Regulating of the Collectors, and other Officers, belonging to the several Custom-houses, that they may discharge their several Duties with Faithfulness; It is farther Ordered, That the said Committee shall have Power to remove all such Officers as they shall find unuseful, unfaithful, and dishonest, in the Discharge of their Offices respectively; and to place others; and likewise to have Power to send for Parties, Witnesses, Books, Accompts, Papers or Records, or other Things, that may conduce to the said Service.