House of Lords Journal Volume 5: 20 August 1642

DIE Sabbati, 20 Augusti.

PRAYERS.

Lord Kymbolton, Speaker.

Message from the H. C. for the Lords Concurrence in Two Orders.

A Message was brought from the Commons, by Sir Robt. Harley and others:

That the Commons desired the Lords Concurrence in Two Orders:

1. For the Indemnity of some Members of the House of Commons, for staying of Plate. (Here enter it.)

Agreed unto.

2. For a Guard in Southwarke. (Here enter it.)

Agreed unto.

And that Fran. Russell, Esquire, shall be a Deputy Lieutenant for the County of Cambridge.

Agreed.

Answer.

The Messengers were called in, and told, "That the Lords agreed with them in the Two Orders, and for Mr. Russell's being Deputy Lieutenant for Cambridgeshire."

Farding, Earl of Nottingham's Servant, released.

Upon the reading of a Certificate of Mr. Baron Trevor, the Lords do Order, That Mr. Farding, a Servant of the Earl of Nottingham, shall be released, upon his paying of his Debt, and Satisfaction for his Hurt and Maiming done him by the said Farding.

Lord Lieutenant of Monmouth to disarm the Earl of Worcester, and other Recusants.

"1. Ordered, &c. by the Lords and in Parliament assembled, That the Lord Lieutenant or Deputy Lieutenants of the County of Monmouth shall have Power to disarm the Earl of Wigorn, and his Son the Lord Herbert, and all other Papists, or suspected Persons whose Wives and Children are Papists, within the said County of Monmouth.

Order to disarm Papists.

"2. Ordered, by the Lords and in Parliament assembled, That the Lords Lieutenants and Deputy Lieutenants, within the several Counties of this Kingdom of England, and Dominion of Wales, shall have Power to disarm all Papists, or suspected Persons whose Wives and Children are Papists, and all other Persons who have shewed their Disaffection to the Proceedings of Parliament."

Both which Orders, being read, were approved of by the House.

"Sabbati, 20 Augusti, 1642.

Order for Indemnity to Oliver Cromwell and Valentine Wanton, for staying Plate going from Cambridge to the King.

(fn. 1) "Whereas Oliver Crumwell and Valentine Wanton, Esquires, both Members of the House of Commons in Parliament, being enabled, by Authority of Parliament, to make Stay of all such Plate, belonging to any the Colleges in the University of Cambridge, as should be endeavoured to be carried to His Majesty, for or towards the Maintenance of a War against the Parliament, and to call all His Majesty's loving Subjects to be aiding, assisting, and obedient to them therein, did accordingly, by the Aid and Assistance of divers Inhabitants and well-affected Persons, of and in the Counties of Huntington and Cambridge, and elsewhere, being by the Authority aforesaid called thereunto, make Stay of some Part, and hinder other Part, of the said Plate, as the same was going towards His Majesty to Yorke, to the Use and Purpose aforesaid: Be it therefore Declared, by the Lords and Commons in Parliament assembled, That the said Oliver Crumwell and Valentyne Wanton, and all and every other Person and Persons whatsoever, who have been aiding or assisting to them, or either of them, in the Premises, by Horse, Arms, or otherwise, have therein done good and acceptable Service to the Commonwealth: And be it further Ordered, That they, and every of them, and all and every Person and Persons who have been employed in the said Service, as for or in respect of their so doing, shall be protected, and saved harmless, by the Authority and Power of both Houses of Parliament; and that it shall and may be lawful for them, and every of them, in case they shall be arrested, attached, or any Way molested, or endeavoured to be arrested, attached, or any Way molested, for or touching the Premises, to make Rescue or Resistance, and to require all Sheriffs, Justices of Peace, Mayors, Bailiffs, and other Officers and Persons, to be aiding and assisting to them therein; and they, the said Officers, and all other Persons, are hereby required and enjoined to be aiding and assisting to them, and every of them, accordingly."

"Sabbati, 20 Augusti, 1642.

Order for Courts of Guard, &c. in Southwark.

(fn. 1) "It is Ordered, by the Lords and Commons in Parliament, That Houses for Courts of Guard, and Posts, Bars, and Chains, be forthwith erected and set up, in such Places of the Borough of Southwarke as shall be thought necessary and convenient for the Defence and safe guarding of the said Borough; and that a competent Number of the Trained Band, and Companies of Voluntiers, in and belonging to the said Borough, shall Day and Night attend, with their Arms, in or near the said Courts of Guard; who shall have Power and Authority hereby to apprehend, seize, and arrest, all suspicious Persons, Ammunition, and Arms, passing through the said Borough, or any Part thereof, until either of the said Houses of Parliament be made acquainted therewith, and their Pleasure be further known concerning the same; and the Captains and Officers of the said Trained Bands and Voluntiers, and the Persons hereunder named, are required to take Care that the Premises be carefully performed accordingly:

"Resolved, &c. That the Lords be moved to join herein; and that the like Order be granted for the County of Midd. and the City and Suburbs of London."

Adjourn.

Adjourn, 3^a post meridiem.

Post meridiem.

PRAYERS.

Lord Wharton Speaker.

Lord General demands the Keys of the Office of Ordnance;

The House was informed, "That Mr. March, one of the Officers of the Ordnance, was required, from the Earl of Essex, Lord General, to deliver the Keys of the Office of the Ordnance, that Ammunition might be had there, for the present Service of the King, Kingdom, and Parliament; who thereupon petitioned the said Lord General as followeth: videlicet,

March's Petition to him to be released.

"To the Right Honourable Robert Earl of Essex his Excellency.

"The humble Petition of Richard March, Keeper of His Majesty's Stores;

"Shewing,

"That your Lordship's Petitioner, having this present Day received a Warrant from your Excellency, for the delivering up of the Keys of the Stores of Arms remaining in his Custody, doth, in all Humbleness, profess his Willingness to obey your Lordship's Commands; but, for your Lordship's better Satisfaction herein, humbly prays that your Lordship would be pleased to take into your honourable Consideration the Petition annexed, prepared by the Petitioner and other the Officers of the Ordnance, for their Enlargement, wherein the Petitioner and they become humble Suitors for your Lordship's honourable Favour.

"And the Petitioner shall pray for your Lordship.

"Rich. March."

"A Petition of other Officers of the Ordnance, to the Lords in Parliament, to the same Effect:

Other Officers of the Ordnance Petition the Lords for their Releasement.

"To the Right Honourable the Lords and Peers now assembled in Parliament.

"The humble Petition of Captain Francis Conningsby, Richard March, and Edward Sherburne, Officers of His Majesty's Ordnance;

"Shewing,

"That whereas your Lordships Petitioners have been divers Days under Restraint, by your Lordships Commands, for not giving Consent to the issuing of some Munition in their Custody; the Petitioners humbly pray, that your Lordships will be pleased to take into Consideration:

"1. That they are strictly bound, by the Duty of their Place, not to dispose of the Munition in their Custody, contrary to His Majesty's Pleasure.

"2. That, before the Petitioners received any Command from the Right Honourable the Earl of Essex his Excellency, for the Delivery of the Munition in the Warrant expressed, the Petitioners received strict Command, under His Majesty's Sign Manual, not to issue out any Munition without express Warrant from His Majesty.

"3. That the Petitioners have, these Four Years and Half, been unpaid the Fees and Allowances belonging to their Places.

"Therefore, their humble Suit is, that, in regard the giving of their Consent to your Lordship's Commands in this Particular would not only be a great Breach of Trust in them, but tend to their Undoing, that your Lordships would be honourably pleased to accept of their Willingness and Chearfulness to obey your Lordships Commands, so far as may stand with their own Integrity and Safety; and that your Lordships would be pleased to release them of their present Restraint, whereby they are put to great Charge, and suffer much in their own private Occasions.

"And the Petitioners shall pray for your Lordships.

"Francis Conningsby.
Richard March.
Edw. Sherburne."

Officers of the Ordnance to deliver the Keys of the Arms, &c. to the Order of the Committee of Safety.

"It is Ordered, by the Lords and Commons in Parliament assembled, That the Officers of the Ordnance in The Tower of London shall forthwith, upon Sight of this Order, deliver the Keys of the Office of the Ordnance, Arms, Ammunition, and Stores there, to such as the Committee for the Defence of the Kingdom shall appoint to receive them; or else that the Doors of the said Office shall be forthwith broken up, and the Charge and Keeping of the said Arms shall be committed into the Hands of such as the said Committees shall think fit; who shall take Inventories of the same, to the Intent that a true Accompt may be taken of the said Arms, to the Use of His Majesty, the Parliament, and the Kingdom."

Declaration to the King's Answer.

A Part of the Declaration of the Lords and Commons to the King's Answer was read.

Message from the H. C. with a Declaration concerning Disturbances in Yorkshire.

A Message from the Commons, by Sir Phill. Stapleton and others:

That the House of Commons, having considered of a Letter lately sent out of Yorkshire, and what Violences have been committed in those Parts by some ill-affected Persons, who endeavour the Disturbance of the Peace of the Kingdom, have thought fit to draw up a Declaration concerning the same, which the House of Commons desire the Lords to concur with them therein:

1. The Declaration touching Yorkeshire. (Here enter it.)

Agreed unto.

To be printed;

Ordered, To be printed and published.

and with Orders, &c. for Concurrence.

2. The House of Commons desire the Lords to agree with them, that these after-named may be Deputy Lieutenants for Wigornshire:

3. Ordinance for Colebrooke, read. (Here enter it.)

Agreed unto.

4. Instructions, Berks.

To be compared with others, formerly sent, by the Clerk.

Answer to the H. C.

The Messengers were called in; and told, "That the Lords agree with them in the Declaration, the Deputy Lieutenants, and the Ordinance; and touching the Instructions, they (fn. 2) will return them an Answer, by Messengers of their own."

"Die Sabbati, 20 Augusti, 1642.

Order for Indemnity for Colebrooke, &c. Voluntiers.

"Whereas divers well-affected Persons of the Town of Colebrooke, in the County of Buckingham, and many others of other Parishes, within the Hundreds of Chilterne, have of themselves, as Voluntiers, under the Leading of Thomas Bullstrode, Esquire, exercised themselves in the Use of their Arms, by peaceable training and marching in the Fields near the said Town, 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 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 Town, and others, within the said Hundreds of Chelterne, in the County aforesaid, and Liberties thereof, 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 Bullstrode, assemble themselves in Companies, to train and learn and exercise themselves in the Use of their Arms, and Order of of Marching, at such convenient Times, and in such Places in the said Town and Hundreds of Chilterne aforesaid, 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 Justices of the Peace, and other Officers, of and within the said Town and Hundreds, and all 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 Justices of Peace, and others His Majesty's Officers whatsoever, in or about the said Town of Colebrooke, are hereby required to take special Care, for the safe guarding of the said Town, and preserving the Magazine therein; and the said Thomas Bullstrode, and the said Voluntiers, to be aiding and assisting unto them therein upon all Occasions."

"A Declaration of the Lords and Commons in Parliament, with some Propositions to the Knights, Gentlemen, and other Inhabitants of Yorkeshire, and the other Northern Counties.

Declaration concerning the Disturbances in Yorkshire.

"We, the Lords and Commons in Parliament assembled, have perused, and seriously considered, a Letter sent from many of the principal Knights, Gentlemen, and other Inhabitants, of the County of Yorke, directed to a Worthy Knight of that County, being a Member of the House of Commons, and intended for Information of both Houses of Parliament, concerning His Majesty's Purpose of raising His Standard at Nottingham, the present State of the Northern Parts, and the growing Mischiefs and Miseries like to overwhelm the whole Kingdom, by the great Oppressions exercised upon His Majesty's Subjects there, and other unlawful and dangerous Counsels and Proceedings of those who, under Pretence of His Majesty's Service, are laying the Foundation of an arbitrary and tyrannical Government, or rather Confusion and Dissolution, not only in those Parts, but in the whole Kingdom: Upon which and other Informations and Discoveries, we think fit to publish and declare some few Observations, whereby the good Subjects of this Kingdom may better discern their own Danger, and be stirred up with more Earnestness to assist us in the Maintenance of Religion, and of the Common Justice and Liberty of the Kingdom, which seems to be in no less Hazard than if we had an Army of the Irish Rebels in the Bowels of the Land.

"The First Observation is this: That now it plainly appears to the World, that there was good Ground of those Fears and Jealousies, so often expressed by both Houses, that His Majesty intended to make War against His Parliament; and that the many Oaths, Protestations, and Execrations, published in His Majesty's Name, disclaiming any such Purpose of War, were nothing but the Devices of those wicked Counsellors about Him, that, under such Disguises, and Pretensions of Peace, they might more closely arm and prepare themselves for War, and by Violence to suppress the Parliament, and to make Way for the Accomplishment of their own Designs, for the Alteration of Religion and the Government of the Kingdom.

"The Second: That this War is said to be for the Defence of the Protestant Religion; and yet the most diligent Assistants and Promoters of it are Papists, and that corrupt and superstitious Part of the Clergy that were running towards Popery, wherein the Papists are so servent, that they not only send in Horse and Arms, but, the better to qualify their Persons for this present Service, many (heretofore constant Recusants) do now resort to Church, and take the Oaths of Supremacy and Allegiance; and with what Affections they look upon the Reformed Religion, is evident in the Speeches of those who robbed Mr. Marwood's House, calling his Wife Protestant Whore, and Puritan, when being a very virtuous Gentlewoman, and of good Quality; only the Hatred of Religion was it which provoked them to such ignominious Language, which by these Popish Cavaliers is persecuted under the Name of Roundhead, as it hath been by the Prelatical Clergy under the Name of Puritan.

"A Third: That Arms are taken from the honest Gentlemen, Yeomen, and Townsmen, and put into the Hands of such desperate Persons as cannot live but by Rapine and Spoil.

"A Fourth: That, notwithstanding all the Vows and Protestations to govern by Law, which have been dispersed throughout the Kingdom to blind and deceive the People, the most mischievous Principles of Tyranny are practised that ever were invented, (fn. 3) there by to disarm the middle Sort of People, who are the Body of the Kingdom, and to maintain Soldiers by forced Contribution, to create a Provincial Government in the North, clearly against the Common Law, and the Judgement given in this Parliament for taking away the Court at Yorke; that the Contrivers and Instruments of these Mischiefs, for their better strengthening in these Designs, are about to join themselves in an Association with other Counties; that Directions are given, that such as shall oppose or not join with them shall be violently plundered and pillaged.

"For the Prevention of these growing Evils and Mischiefs, the Lords and Commons do Declare:

"That all well-affected and good Subjects, who shall be plundered, pillaged, and suffer in their Estates, by any of the Cavaliers, or other Forces raised without Consent of Parliament, shall have full Reparation of their Damages, out of the Estates of those who have been Actors and Counsellors in such Violences, as likewise out of the Estates of all such Persons, in any Part of the Kingdom whatsoever, who have withdrawn themselves to Yorke, and shall persist to serve the King in this War against the Parliament, by any Subscription, Contribution, or otherwise have given Assistance and Countenance to (fn. 4) the Maintenance thereof.

"That it shall be lawful for any Number of Persons to join together, and to defend themselves and others from Rapine and Force; and the Earl of Essex, Lord General of the Forces raised by the Lords and Commons, for Defence of Religion and Liberty, and for Protection of the oppressed Subjects of this Kingdom, and Lieutenant of the County of Yorke, is desired to grant such Commissions, for levying, leading, and conducting of Forces in the Northern Parts, as shall be thought requisite by his Excellency; and Sir John Hotham, Governor of Hull, is required to give all Kind of Assistance, by the Garrison of the Town, and by furnishing them with such Powder, Arms, and other Ammunition, as he can spare: And for the better enabling of them in this their necessary Defence, it is Resolved, That further Supplies of Arms shall be sent thither as speedily as may be.

"That the Sheriff of the County of Yorke, and the Sheriffs of the adjoining Counties, and all Lieutenants, Deputy Lieutenants, all Mayors, Justices of the Peace, and others His Majesty's Officers and loving Subjects, be aiding and assisting to them, in Defence of His Majesty's Subjects from all Oppression and Violence, with the Power of the Counties, and Trained Bands.

"That it shall be lawful for any of His Majesty's Subjects to disarm all Popish Recusants, and to seize upon the Persons of all such as shall execute the illegal Commission of Array, or shall be Actors and Assistants in any of the aforementioned Oppressions and Violences, or shall furnish any Horse, Arms, Money, or other Aid or Contribution, for the Maintenance of this unnatural War, raised by His Majesty against His Parliament; and to seize upon their Horses, Arms, Money, and other Provisions, whereby they might be enabled to disturb the Peace of the Kingdom."

Message to the H. C. for their Concurrence in the following Orders.

Sir Robt. Rich and Mr. Page, Two of the Masters of the Chancery, were sent to the Commons, to desire their Concurrence with the Lords in these Orders: videlicet,

1. An Order to disarm the Earl of Wigorn, and the Lord Herbert his Son.

2. An Order that the Lords Lieutenants and Deputy Lieutenants shall disarm all the Papists, &c. in England and Wales.

3. An Order, with some Amendments, for the sending of Fifteen Thousand Pounds to Carefargus, being returned to the H. C.

4. An Order concerning the Office (fn. 5) of Ordnance in The Tower of London.

Adjourn.

Adjourn, Monday next, at 10^a mane.