House of Lords Journal Volume 5: 17 August 1642

DIE Mercurii, videlicet, 17 die Augusti.

PRAYERS.

The Lord Kymbolton Speaker this Day.

Hardwick and Doughty in Error.

The Speaker acquainted this House, "That the Lord Chief Justice had a Writ of Error to be brought in;" which the House gave Way unto, and then the Lord Chief Justice brought it in. The Writ is between Hardwick and others and Doughty.

E. of Berks, &c. remanded to The Tower.

Ordered, That the Earl of Berks, and the rest of the Gentlemen of Oxfordshire, shall be remanded to The Tower, until the Pleasure of this House be further known.

E. of Suffolk ordered by the King to attend Him at York.

The House was informed, "That the Earl of Suffolke had received a Letter from the King, to attend Him at Yorke;" and his Lordship desired to know the Pleasure of this House therein.

The Letter was read. (Enter it here.)

To remain at Awdley-end.

Ordered, That the Earl of Suffolke shall stay at Awdly-ende, where now he is, and give his Attendance on this House when he shall be required; and that the Speaker of this House shall write him a Letter, to let his Lordship know, that this House gives him Thanks for his Respect shewed to this House in this Particular.

Proclamation of the King's for Assistance, and that He will set up His Standard at Nottingham.

This Day a Proclamation was read, intituled, "A Proclamation by His Majesty, requiring the Aid and Assistance of all His Subjects on the North Side Trent, and within Twenty Miles Southward, for the Suppression of the Rebels now coming against Him.

"That the King will set up His Standard at Nottingham, on Monday, the 22nd of this Month, and will march forward."

Message from the H. C. for Captain Sellinger to be Lieutenant Colonel in Munster;

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

1. To desire their Lordships to join, that Captain Sellinger may be recommended to the Lord Kirry, who is to go into Munster with a Regiment, that he may be his Lieutenant Colonel.

Agreed to.

and with Amendments to the Instructions.

2. To desire their Lordships Concurrence in some Amendments in the Instructions sent down to the House of Commons Yesterday.

The said Instructions being read, with the Amendments, were agreed to by this House. (Here enter them.)

The Answer returned was:

Answer to the H. C.

That this House agrees with the House of Commons, to recommend Captain Sellinger to the Lord Kirry, to be his Lieutenant Colonel: and also do agree to the Title, and the Alteration in the Instructions now read.

Message from thence, for Concurrence in Two Orders, and a Conference Letters from York.

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

To desire their Lordships Concurrence in Two Orders; and to desire a present Conference, touching some Letters received from Yorke.

1. Concerning Captain Kettleby and Sir Edw. Stradling. (Here enter it.)

Agreed to.

2. An Order to take Care of the Town of Cambridge.

(Here enter it.)

Agreed to.

The Answer returned was:

Answer.

That this House will give a present Conference, in the Painted Chamber, as is desired; and that their Lordships do agree with the House of Commons in the Orders now brought up.

Alderman Pennington, chose Lord Mayor.

16 Jac. Regis.

37 H. III.

27 E. I.

The new Lord Mayor of the City of London attended, with divers Aldermen of the City; and One of the Counsel of the City informed their Lordships, "That, according to the Order of this House, Sir Nic. Raynton hath called a Common Hall, and the City hath made a free Election of a new Lord Mayor (Alderman Pennington); and then declared how far the City hath gone, and what the Customs of the City are in this Matter:

"Which is, That, after the Mayor is chosen, he is to be presented to the Lord Keeper, who is to approve him; and then he is to be sworn in the City, and then presented to the Barons of the Exchequer, and admitted Lord Mayor."

Sir Richard Gurney, the late L. Mayor, refuses to give up the Insignia.

Further he shewed, "That the City had sent to Sir Ric. Gurney, for the Sword, Cap, Mace, and Collar of Esses; and he pretended they were at his House in London, locked up, and he could (fn. 1) not come at them; but, he being asked again whether he would deliver them if he had them, he denied to deliver the Sword to any body but to the King, from whom he received it."

Hereupon they were commanded to withdraw; and this House taking this into Consideration,

Thanks to the Aldermen.

Ordered, That the Speaker should, in the Name of this House, give Sir Nic. Raynton, and the rest of the Aldermen, Thanks for their chearful, orderly, and ready Obedience to the Commands of this House; and to let them know, that this House approves of the Person of Aldermen Pennington, elected by the City to be Lord Mayor of London, for his good Affections to the King, Kingdom, and the Privileges of Parliament.

L. Mayor Elect to be sworn.

And further, That the Court of Aldermen of the City of London do forthwith give unto Aldermen Pennington, Elect Lord Mayor of the said City, the Oaths which is usually given to the Lord Mayor in the City.

Two Barons of the Exchequer to attend for that Purpose.

Also it is Ordered, That Mr. Baron Trevor and Mr. Baron Henden shall have Notice to be here Tomorrow; if they be out of Town, they are to be sent to, that the Lord Mayor may be presented before them, and sworn.

Gent. Usher to seize the Insignia in the late L. Mayor's House, and deliver them to the new one.

And likewise it was Ordered, That the Gentleman Usher attending this House shall forthwith repair to the House of Sir Ricd. Gurney, Knight and Baronet, late Lord Mayor of the City of London, and demand the Sword, Cap of Maintenance, Mace, and Collar of Esses, belonging to the Lord Mayor of the City of London; and, if he be denied them, he shall have Power, by virtue of this Order, to break open any Doors or Locks, in what Place soever they are, and possess himself of them, and deliver them to Alderman Pennington, now Lord Mayor Elect of the City of London; and that the Sword Bearer shall attend the Gentleman Usher, to shew him where the aforesaid Particulars are.

Directed, "To all Sheriffs, Justices of the Peace, Constables, and all other His Majesty's Officers, to be aiding and assisting to him."

The Lord (fn. 1) Mayor Elect and the Aldermen were called in; [ (fn. 1) and the Speaker, in] the Name of this House, did acquaint them with the aforesaid Orders; and so they departed.

The King's Letter to the E. of Suffolk, commanding his Attendance at York.

"CHARLES R.

"Right Trusty and Right well-beloved Cousin, We greet you well. Whereas We are desirous to speak with you, concerning some Affairs much importing the Peace and Good of this Our Kingdom, which, being of more than ordinary Consequence, will admit of no Delay: We therefore will and command you, upon your Allegiance, that (setting aside all other Occasions whatsoever) you fail not forthwith to repair hither to Us, when We shall particularly acquaint you with the Cause of Our sending for you, which is of that Importance as is neither fit to be imparted to you by Letter, nor will bear any Delay or Excuse: And for your ready Observance of this Our Command, these Our Letters shall be your sufficient Warrant.

"Given at Our Court at Yorke, the last of July, 1642."

To remain where he is.

Whereas this House was informed this Day, "That the Right Honourable the Earl of Suffolke hath received a Letter of Command from His Majesty, to give his Attendance at Yorke:" It is Ordered, by the Lords in Parliament, That the Earl of Suffolke shall remain in these Parts, that so he may the readier give his Attendance on this House, when he shall be required thereunto.

The House of Commons being ready for the Conference, the House was adjourned during Pleasure; and, the Conference being ended, the House was resumed, and the Report of this Conference is referred until To-morrow.

Money for Ireland to be stayed till the L. Lievtenant arrives there.

Ordered, That the Twenty-eight Thousand Pounds, which is to be sent into Ireland, shall be stayed, and deposited in the Hands of the now Lord Mayor of the City of London, until this House be informed that the Lord Lieutenant be in Ireland.

Message from the H. C. for the Commissioners for Irish Affairs to meet;

A Message was brought from the House of Commons, by Sir Robt. Harley, Knight of the Bath:

To let their Lordships know, that they find the Affairs of Ireland suffer much, through the Want of the Commissioners not meeting, many of them being out of Town; therefore, they desire that their Lordships would give their Commissioners Direction to meet, or any Four of them; and the House of Commons will give the same Directions to their Committee.

To be considered of.

and for Instructions to be sent into Warwickshire.

2. The House of Commons desires, that the same Instructions be sent down into Warwickshire that are sent into Somersetshire; and that the Committee of the Defence of the Kingdom may have Power to put in such Names into those Instructions as they shall think fit.

Agreed to.

The Answer returned was:

Answer.

That this House will send an Answer to the First Part of this Message, by Messengers of their own; but do agree with the House of Commons to the latter Part.

Orders to prevent the Disorders of Soldiers.

The Lord Viscount Say reported the Draughts of the Two Orders, concerning the preventing the Disorders of Soldiers; which, being read, were approved, and Ordered to be sent to the House of Commons, to desire their Concurrence therein; and that they shall be printed and published forthwith.

Message to the H. C. that the Money for Ireland, is stayed, till the L. Lieutenant arrives there.

A Message was sent to the House of Commons, by Dr. Aylott and Dr. Heath:

To let them know, that this House hath Ordered, That the Twenty-eight Thousand Pounds, intended to be sent for Ireland, be stayed in the Lord Mayor's Hands, until the Parliament be certainly assured (fn. 2) that the Lord Lieutenant is in Ireland, and desire their Concurrence herein.

Ship at Hull, belonging to French Merchants, released.

Whereas there is a Ship laded with Lead, being the Goods of French Merchants, and is now stayed at Hull: It is Ordered, That she be forthwith released, and be permitted to go for France.

Officers of the Ordnance refuse to deliver Ammunition, &c. on the L. General's Warrant.

The Lord General informed this House, "That he having issued out a Warrant to the Officers of the Ordnance, relating to an Order of his Majesty's Commissioners for the Affairs of Ireland, of the 2d of this Instant, for the Delivery of Ten Barrels of Powder, with Match and Bullet proportionable, and Sixty Snaphances, to be sent for the Supply and Defence of Duncannon, in the Kingdom of Ireland: To which Order the Officers have given no Obedience, but refuse to deliver the Particulars."

Hereupon Francis Conisby, Ric. Marsh, and Edw. Sherburne, were called in, to know the Reason why they refused to issue out Provisions for Ireland, according to the Warrant.

And they answered, "That they have received a Warrant lately from the King, commanding them not to issue out of His Majesty's Stores, any Ordnance, Powder, Shot, Match, Arms, Munition, or Habiliments for War, without express Warrant under His Majesty's Hand for the same, directed to the Master of the Ordnance, or to the Officers of the same; therefore humbly desired their Lordships would excuse them."

Mr. Conisby and others committed for it.

But the House, taking into Consideration the Consequence of this Business, Ordered, That, for the present, the said Conisby, Mr. Marsh, and Mr. Sherburne, shall be committed to the Custody of the Gentleman Usher, and not be suffered to go to The Tower, until the Pleasure of this House be further known.

"Mercurii, 17 Augusti, 1642.

Captain Kettlesbye and Sir Henry Stradling to be superseded, and their Conduct enquired into, for deserting their Station on the Irish Coast.

"Whereas, upon credible Information, Captain Kettlesbye, and Sir Henry Stradlynge, Commanders of Two of His Majesty's Ships, The Bonaventure and The Swallowe, formerly appointed to guard the Coasts of Ireland, have lately deserted their Charge, whereby they have exposed His Majesty's good Subjects in that Kingdom to much Danger, in these Times of Rebellion: It is Ordered, by the Lords and Commons in Parliament, That the Earl of Warwick do forthwith take an Account of the said Captain Kettleby and Sir Henry Stradlynge, why they have deserted their former Charge; and that his Lordship do dispose of the said Ships as in his Wisdom he shall think fit, for the Safety and Defence of this Kingdom; and, in case the said Commanders do make Resistance, or refuse to obey his Lordship's Commands, that he use all Means to compel them thereunto."

"Instructions, by the Lords and Commons in Parliament, for Oliver Cromwell, Esquire, Thomas Shirwood, Mayor of the Town of Cambridge, Robert Twelvers, Thomas French, and Robert Robson, Aldermen, appointed to take Care for the Peace and Safety of the said Town of Cambridge.

Instructions for Cambridge.

"You are required and authorized to exercise and train all the Train Bands and Voluntiers in the Town of Cambridge, and shall lead and conduct them against all Forces that attempt to seize upon that Town, or to disturb the Peace of it; and you are authorized to fight with all such Persons to kill and slay them, and by all Means to defend your Town from all hostile Attempts there.

"You are likewise authorized to disarm all Popish Recusants, and all other dangerous and ill-affected Persons, who have opposed the Orders and Proceedings of Parliament, or endeavoured to oppress the People, by the Commission of Array, or otherwise."

"Instructions agreed on by the Lords and Commons in Parliament, for Wm. Earl of Bedforde, Lieutenant of the Counties of Somersett and Devon, Phillip Earl of Pembroke and Montgom'y, Lieutenant of the County of Wilts and South'ton, Charles Viscount Cranborne, Lieutenant of Dors't and Hartford, Denzill Hollis, Esquire, Lieutenant of the City and County of the City of Bristoll, and to all their Deputy Lieutenants respectively; Sir Walter Erle, Knight, Sir Thomas Trenchard, Knight, John Browne, Esquire, Colonel Charles Essex, being Persons especially appointed and authorized by the Lords and Commons, to suppress the Rebellion and Commotion raised by the Marquis Hartford and others, in the County of Som's't and Dors't, and other Western Counties; and for all other Lieutenants and Deputy Lieutenants of the several Counties of the Kingdom respectively.

Instructions for several Counties.

"1. You shall observe and execute the Ordinance of both Houses of Parliament, of the 8th of this Month, for the Suppression of the Rebellion and Commotion raised by the Marquis of Hertford, in the County of Somers't, and other Western Counties; and, by the Earl of Northampton and others, in the Counties of Leicest'r, North'ton, Warwick, and other adjoining Parts.

"2. You shall conduct all such Forces of Horse and Foot as shall be appointed by the Lord General (the Earl of Essex) for this Service; and shall fight with, kill, and slay, all such as shall by Force oppose you in the Execution of that Ordinance, and all their Assistants, Aiders, and Abettors; and you shall levy such other Forces of Horse and Foot as his Excellence shall, by his Commission, give you Power to levy, under such Colonels, Commanders, and other Officers, as shall be by him appointed and directed; and you shall pursue the said Rebels and Traitors, and their Adherents, in the said Counties, or in any other Counties or Parts of the Kingdom into which they shall retire themselves; all which Forces, so to be raised, shall have the same Pay as the rest of the Army is to have; and you shall defend and protect His Majesty's Subjects from Violence and Oppression, by the illegal Commission of Array, or otherwise; and you shall hinder and forbid the Execution of that illegal Commission, and, in all Places, to the uttermost of your Power and Endeavour to preserve and restore the Peace of the Kingdom.

"3. You are hereby authorized and required to disarm all Popish Recusants, and all other dangerous and ill-affected Persons, as well Clergymen as others, who have testified, or shall testify, their ill Disposition to the Peace of the Kingdom, by shewing Disaffection to the Proceedings of Parliament, or otherwise.

"4. You shall endeavour to clear the Proceedings of Parliament from all Imputations and Aspersions, and shall from Time to Time certify us of all Things necessary for the present Service: And that we may have a speedy Account of it, and our Directions to you, as well as your Advertisements to us, may have a clear and ready Passage, you shall lay a strict Charge upon all Post-masters, that they do not suffer any Letters, or other Dispatches, to or from the Parliament, to be intercepted or stayed; or, if any shall presume to make such Stay of those Dispatches, you shall direct the Post-masters to repair to the Justices of the Peace, Constables, and all other Officers, for their Aid and Assistance, who are hereby required to take special Care there may be no such Interruption.

"5. If you shall find any disaffected Persons raising any Parties against the Parliament, or spreading Scandals or Aspersons upon their Proceedings, like to disturb the Peace of the Kingdom; you shall cause all such Persons, upon good Proofs of their Misdemeanors, to be arrested, and sent up to answer such their Offences, as to Law and Justice shall appertain.

"6. You shall take, from the said Rebels and Traitors, and their Adherents, all Horses, Arms, Ordnance, Ammunition, and Money, which they have; as also all such Arms, Ordnance, and Ammunition as they have taken from His Majesty's Subjects, and restore the same to the Owner.

"7. Whereas His Majesty, seduced by wicked Counsel, hath raised War, and now, by His Proclamation, hath published His Resolution to set up his Standard against His Parliament and other His good Subjects, and hath drawn together great Troops of Papists and ill-affected Persons, and sent out Commission for the levying of others, to the great Hazard of Religion, and the Public Peace of the Kingdom; you are therefore required to suppress all Persons whatsoever, who shall levy any Soldiers, or draw together any of the Trained Bands, by Colour or Pretence of any Commission from His Majesty, under the Great Seal, or otherwise; and you shall seize upon all Horses, Arms, Ammunition, Money, Plate, or other Provision whatsoever, raised or provided, under Pretence of His Majesty's Service, for the fomenting or maintaining any such unnatural and unlawful War against His People.

"8. You shall observe and execute all such further Directions and Instructions as you shall from Time to Time receive from both Houses of Parliament, as likewise such Instructions and Directions as you shall from Time to Time receive from the Committees of the Lords and Commons appointed to take Care of the Safety of the Kingdom; and whatsoever you shall do therein, or any other Person in Aid or Assistance of you, it shall be accepted as a good and necessary Service to the Kingdom; and, for their and your so doing, they and you shall be defended and protected by the Authority of Parliament: And this Resolution of the Lords and Commons, to protect those that shall obey and further their Commands, you shall publish and declare, upon all Occasions, for the better Encouragement of the Subjects of this Kingdom in that Behalf."

"Die Martis, 17 Augusti, 1642.

Officers to prevent Disorders among the Soldiers.

"Whereas there have been divers Complaints made unto us, of many Disorders committed by the Soldiers, in their marching, and in such Places wherein they have been quartered or billeted, which Disorders, as is informed, have been partly occasioned by the Neglect of their Officers to go along with them, and conduct them: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the Lord General be desired to give Command to all his Officers, that they take Care to attend the Duty of their several Places, that their Soldiers thereby may be hereafter kept from straggling up and down the Counties; and, to that End, to lay his Commands upon the Officers of each Company, both in the marching, quartering, and billeting, to be in Person amongst the Soldiers themselves, to prevent any Disorders whatsoever, and punish such as shall offend."

"Martis, 17 Augusti, 1642.

Lords Lieutenants to prevent Riots.

"Ordered, by the Lords and Commons in Parliament assembled, That the several Lords Lieutenants appointed by Parliament, their Deputy Lieutenants, the Justices of the Peace, and other His Majesty's Officers, within the Kingdom of England and Dominion of Wales, shall take special Care to prevent and suppress all Riots, Tumults, breaking into or robbing of Houses, breaking into Churches, taking away the Goods of any Person, or taking of Victuals without due Payment for the same; and to take and apprehend all such Person or Persons as shall do or commit any such Outrages as aforesaid, and to proceed agaisnt them according to Law: And it is further Ordered, That the Commanders and several Officers shall give their best Assistance, for the Apprehension and Punishment of all such Persons which shall be found guilty of the Misdemeanors aforesaid."

"Die Martis, 17 Augusti, 1642.

Voluntiers to have Authority of both Houses of Parliament for their Security.

"Whereas divers well-affected Persons of the City of Canterburie, in the County of Kent, have of themselves, as Voluntiers, under the Leading of Thomas Belke, Gentleman, exercised themselves in the use of their Arms, by peaceably training and marching in the Fields near the said City, the better to enable and prepare themselves for the Service and Defence of His Majesty and the Kingdom, when they shall be lawfully called thereunto: The Lords and Commons, taking the same into Consideration, do Order, That the said Persons, and all other Persons in all other Parts of the Kingdom of England and Dominion of Wales, who, in Obedience to the Ordinance of Parliament, have at any Time trained as Voluntiers, 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 City, 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 Thomas Belke, assemble themselves in Companies, to train and learn and exercise themselves in the Use of their Arms, and Order of Marching, at such convenient Times, and in such Places in the said City 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 of the Peace, and Aldermen of the said City, and others that 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 of Peace, and Aldermen aforesaid, are hereby required to take special Care for the safe guarding of the said City, and preserving the Magazine therein; and the said Thomas Belke, and the said Voluntiers, to be aiding and assisting unto them therein, upon all Occasions."