House of Lords Journal Volume 5: 11 October 1642

DIE Martis, videlicet, 11 die Octobris.

PRAYERS.

The Lord Grey of Warke was appointed Speaker this Day.

Lord Stourton complains of being molested by the Soldiers in Hampshire; and claims the Protection of the House.

A Letter written to the Lord Grey, from the Lord Stourton, was read; "complaining of the great Unruliness of the Soldiers in Hampshire; that they have took away his Goods, and threaten to come again: Therefore he desires that he might have a Protection, for the Security of (fn. 1) his House." Ordered, That the Consideration of this Business be referred to the Committee for the Defence of the Kingdom; and they to give Protection, as they shall see Cause.

Papers delivered by the Scots Commissioners brought in.

The Earl of Northumberland acquainted this House, "That the Lord Lyndsey, and some other of the Scots Commissioners, came to some Members of both Houses, (fn. 2) and acquainted them that (fn. 3) they had some Papers to deliver to the Parliament of England, from the Assembly of Scotland, and the Lords of the Secret Council; and some Members of both Houses did meet, and receive them of them, to be communicated to both Houses."

The said Papers were read, as followeth:

1. The Declaration of the Secret Council of Scotland. (Here enter it.)

2. A Declaration of the Commissioners of the Peace, to the Parliament of England, 29 September, 1642. (Here enter it.)

3. A Declaration of the Commissioners from the General Assembly. (Here enter it.)

His Lordship further said, "That the Commissioners told them, That the Declaration of the Parliament was very well received by the whole Kingdom of Scotland; and that they have sent unto the King, that the Assembly here may be at the same Time as the Assembly of Scotland, and to mediate between the King and the Parliament."

Ordered, That these Papers shall be communicated to the House of Commons.

Message to the H. C. with them.

A Message was sent down to the House of Commons, by Sir Rob't Rich and Mr. Page:

To deliver unto them these Scotts Papers now read.

Mr. Bruce to have a Pass.

Ordered, That Mr. Bruce, (fn. 4) Chaplain to His Majesty, being going to give his Attendance upon His Majesty, shall have a Pass, to go and come safely without Interruption.

Fairfax and Legay versus Baseley.

Upon reading the Petition of Daniell Fairfax and Isaac Legay, against John Baseley, Merchant; it is Ordered, That the Examination of this Business is referred to the Judge of the Court of Admiralty; and he to call such Merchants before him as he shall think fit, to give Information of this Business, and report to be made to this House of the said Examination.

Molesworth, for arresting Morris, the Prince's Servant, to be bailed.

Upon the Petition of Wing feild Molesworth, Grocer, of London, who is attached, for arresting John Morris, the Prince's Servant, contrary to the Privilege of Parliament; desiring, in regard he is a Tradesman, and hath nothing else to maintain himself, Wife, and Children, that he may go upon Bail: It is Ordered, That the said Molesworth shall give Bail to the Gentleman Usher of this House, of Forty Pounds, to appear within Three Days after Notice given.

Order about Somersham enforced.

Upon reading the Certificate of Sir Ric'd Stonnes, Knight, Sheriff of the County of Huntingdon, &c. "That the Order of this House concerning Somersham is disobeyed:" It is Ordered, That the Sheriff of the said County shall raise the Power of the County, at such Time as he shall see most fitting, for the apprehending the Persons that do disobey the said Order; and to commit them to the Gaol, until the Pleasure of this House be further known. (Here enter it.)

Message from the H. C. about the Lord Lieutenant of Ireland's Instructions;

A Message was brought from the House of Commons, by Sir Tho. Barrington: with,

1. To desire a Conference, (fn. 5) concerning the Instructions of the Lord Lieutenant of Ireland.

and for the Lord's to concur in the following Orders.

2. To desire their Lordships Concurrence in these Orders following:

1. An Order for calling the Earl of Warwicke Home, and making his Vice Admiral Deputy in his Place. (Here enter it.)

Agreed to.

2. An Order to make Mr. White Keeper of The Gatehouse. (Here enter it.)

Agreed to.

3. An Order to restrain Arms, &c. to be sent into Wales, to the Marquis of Hertford. (Here enter it.)

Agreed to.

4. An Order that Jo. Ven shall dispose of such Arms, &c. as comes to him from the Committee. (Here enter it.)

Agreed to.

5. An Order for the Sheriff of Yorkeshire, to assist Sir Jo. Hotham and Sir Edw. Rhodes.

Agreed to.

6. To put their Lordships in Mind of sending away the Capuchins.

The Earl of Holland signified, "That, by the Directions of this House, he spoke with the French Ambassador about it; and he desired some Forbearance in this Business, until he had acquainted the King of France with it, and received his Answer and Directions:" And this House Resolved, To have Forbearance of this Business, until an Answer for the Ambassador.

The Answer was:

Answer to the H. C.

That this House will give a present Conference, as is desired; and that their Lordships do agree with them in all the Orders now brought up; but concerning the Capuchins, this House will send an Answer, by Messengers of their own.

Message from the H. C. for the Lords to concur in the following Orders.

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

To desire Concurrence in an Order, That Captain Tucker might be added, to be a Committee, with Mr. Reynolds and Mr. (fn. 6) Goodwin. (Here enter it.)

Agreed to.

2. Next, was read the Order of the Lords Committees for the Defence of the Kingdom, for the Commitment of Captain Wm. Legg to The Gatehouse, which was for levying War against the Parliament; which was the Ground upon which they impeached Jo. Broccas, the Keeper, of High Treason, for permitting Captain Legg to escape out of Prison. (Here enter it.)

This (fn. 7) to be taken into further Consideration.

3. They desire their Lordship's Concurrence and Approbation, that Sir Bazill Dixwell, Knight and Baronet, and Thomas Sulyard, Esquire, may be Deputy Lieutenants for the County of Kent.

Agreed.

The Answer returned was:

Answer.

That this House agrees with the House of Commons, in the Two Orders now brought up; and concerning the Warrant touching the Commitment of Captain (fn. 7) Legg, this House will send an Answer, by Messengers of their own.

Subject of the Conference about the Lord Lieutenant of Ireland.

The Earl of Holland was appointed, at this next Conference, to desire that the House of Commons would take into their Consideration the sending of the Lord Lieutenant speedily into Ireland; and the Lord Lieutenant is to (fn. 8) speak what he said Yesterday in this House, and to speak to both Houses what he thinks fit concerning himself; and the Instructions are to be read by the Clerk.

House adjourned during Pleasure.

Lord Stourton's Letter, complaining of the Violences of the Soldiers against him.

"My Lord,

"Presuming on your noble Disposition, I held it fit to (fn. 9) acquaint you in what hard Condition I and mine have been and are in. The Foot Troops going from London unto Portchmouth brake up my House in Hampshire, shooled, spoiled, and carried away my Goods; and, since my coming into Wilts, the noble Lord the Earl of Pembrooke, and Three of his Deputy Lieutenants, being all Parliament Men (whose Justice I shall ever acknowledge), have been pleased to grant me their Warrant for my Protection against these unruly Persons: Nevertheless, they marching into these Parts have been with me Four Times, and received Money from me Twice, and came the last Time Three Hundred in a Company (being all armed), and, with an Axe prepared by them, did actually hew my Gate at Stourton, protesting, with deep Oaths, that they would beat down my House, and cut the Throats of every Man, Woman, and Child in my House; whereupon the People in my House, for the Safeguard of (fn. 10) their Lives, shooting in their own Defence, and they at us, One of them by Chance was killed, and the rest went away, but vowed to come again; but, by the noble and charitable Care of the Earl of Pembroke, they have hitherto been prevented. Now, my Lord, let me intreat you to do me the charitable Office as to acquaint the Honourable Houses of Parliament with these Proceedings, whose Honourable and Charitable Protection I must humbly implore; and therein you shall for ever oblige me to be,

"My Lord,

Stourton House, 7 Octob. 1642.

"Your real Friend,

"Will'm Stourton."

Directed "To the Lord Gray of Warke."

Capt. Tucker to be Assistant to the Committee that are to go into Ireland.

"Whereas Robert Reynolds, Esquire, and Robert Goodwin, Esquire, Members of the Commons House of Parliament, are, by Ordinance of both Houses of Parliament, employed and sent into Ireland, concerning the Affairs of the War in that Kingdom, according to the Instructions of both Houses in that Behalf; and whereas Captain William Tucker hath been recommended, by the Adventurers of the City of London, to go as an Assistant to the said Committee of the House of Commons, and is approved by the said House of Commons: It is therefore Ordered, by the Lords and Commons in Parliament assembled, That the Lords Justices and Council of Ireland shall give Credence to the said Captain William Tucker, as Assistant to the Committee aforesaid; and the said Committee are to communicate unto him such Matters as concern the Public Affairs, mentioned in Instructions of both Houses unto them, and to admit him as their Assistant, as well in Public Meetings and Debates, as in Private Consultations."

Warrant to the Keeper of The Gatehouse, to keep Captain Legg.

"These are to will and require you, upon Sight hereof, to take into your Custody the Body of Captain William Legg, lately apprehended and taken, levying War against the Parliament, whom we have sent you herewith, and him to keep in safe Custody until you shall receive further Order from us: And you are also required not to suffer the said Captain Legg to speak with any Person but in the Hearing of his Keeper: And for so doing, this shall be your Warrant.

"Dated this 28th of August, 1642.

"Essex.
W. Say & Seale.
Ph. Wharton.
Ph. Stapl'ton.
Jo. Pym.
Antho. Nicoll.

"To the Keeper of the Prison of The Gatehouse at Westm. or his Deputy."

Certificate of Sir R Stone, Sheriff of Huntingdon, about the Order for apprehending Delinquents, for stealing the King's Deer at Somersham.

"To the Right Honourable the Lords in the Higher House of Parliament assembled.

"The humble Certificate of Sir Richard Stonnes, Knight, Sheriff of the County of Hunt, and others of His Majesty's Justices of the Peace of the same County, whose Names are subscribed;

"Shewing unto your Lordships,

"That one Robert Phillipps, One of the Deputies to the Gentleman Usher of the Upper House, did, by virtue of an Order of the said House, dated the 30th of Sept. last, repair unto us, at the General Quarter Sessions of the Peace holden at Hunt. the 4th of this Instant October, requiring our Aid and Assistance in the Execution of his said Warrant; which with all Obedience we willing to observe, directed the said Deputy, together with the Constables of Old-Hurst (where the Delinquents in the Warrant nominated were supposed to reside) to make their Repair, and to attach their Persons, who, coming to the said Town, unto the House late Mr. Gascoigne's, the said Deputy required the Bodies of the said Delinquents to be rendered unto him, according to his Warrant; but he was answered, That they were not there: Whereupon, for his further Satisfaction, he required Admittance into the said House, to make Search for them, which was denied unto him by one Bancks (as he affirmeth), who appeared to the said Deputy at a Window there, and denied to open the Doors, so that he could not enter the House, to search for the said Delinquents; and thereupon he repaired to us again, requiring our farther Aid and Assistance, for the apprehending of the said Parties: But we, understanding that it is impossible to attach the said Delinquents without the Power of the County (they being Persons of desperate Qualities and Condition), and withall conceiving that, by your Lordships said Order, we have not Authority given unto us to raise the Power of the County, or to force open the House, for the executing of the said Warrant (they holding Possession of the same in the Behalf of one Mr. Fountaine, a Lawyer), and without which Power their Persons cannot be apprehended, do, for our further Direction in the Premises, humbly submit and refer our further Service herein to such Order as this most Honourable Assembly shall conceive fitting and convenient; and shall ever be ready and willing, with all Alacrity and Diligence, to our uttermost, to apply ourselves to the Obedience and Performance of the same.

October 7, 1642.

"Richard Stone, Vic. Com.
Capell Bedell.
Charles Howard.
H. Cromwell.
Rob't Bernard."

Petition of Fairfax and Le Gay versus Baseley.

"To the most Honourable the Lords in Parliament.

"The humble Petition of Daniell Farvack and Isaac Le Gay, of London, Merchants;

"Shewing,

"That one Anthony Hooper, Merchant, having, for a valuable Consideration, sold unto your Petitioners a great Quantity of Tobacco, which after was brought into Guernsey; and there being (fn. 11) some other Pretences made thereto, which received several Debates, your Lordships were pleased to refer the Examination of the Business to William Cockaine, William Bartlett, Phillip Burlamack, Nathan Wright, and other Merchants, who, having made their Report, your Lordships heard all Parties thereupon; and, after Consideration thereof, Ordered, That all the said Tobacco should be delivered to your Petitioners.

"That one Eleazer le Marchaunt, on the Behalf of one John Basley Merchant, attached Part of the said Tobacco, in the said Isle of Guernsey, upon Supposition that it was in Truth belonging to the said Basley, though brought, and marked, and accompted, as the said Anthony Hooper's.

"That your Petitioners Occasions in London not permitting them to go to the said Isle, to attend their Defence, there is a Sentence given against your Petitioners, for Eight Hundred Pounds, from which Sentence (not being just) your Petitioners appealed; which Appeal was there, by the Register, entered into a Form, according to the Course of late Years used in the said Isle of Guernsey, as by the annexed Copy appeareth.

"That your Lordships have been pleased to refer the Matters between the said Hooper and his Creditors and Debtors to the said William Cockaine, William Bartlett, Phillip Burlamach, Nathan Wright, and others, to examine, and end if they can, or to certify you what they find.

"That Business, between your Petitioners and the said Basely, will concern the said Hooper and his Creditors; for that, if the said Basley prevail against your Petitioners, they must resort to have Recompence out of Hooper's Estate, and so his other Creditors will have the less.

"Most humbly, therefore, beseech your Honours to refer the Examination of the said Basley's Pretences to the said Will'm Cockaine, William Bartlett, Phillip Burlemach, and Nathan Wright, or any Three of them; and that they may call before them your Petitioners, and the said Le Marchaunt, who prosecuteth for the said Basley (himself being in France), and also the said Hooper and his Creditors, or some of them; and, upon Hearing and Examination of the Truth of the Business, to compose and determine it if they can, or else to certify your Lordships of their Proceedings and Opinions; and that then your Lordships would vouchsafe to give your final Sentence upon the said Appeal (your Lordships, in the High Court of Parliament, being the most competent Judges thereof).

"And your Petitioners shall pray, &c."

Earl of Warwick to attend the House; and Capt. Batten appointed Vice Admiral.

"The Lords and Commons in Parliament, taking Notice of the good Service done the State by the Earl of Warwick, in his Employment as Admiral of the Fleet, and finding his Lordship's Presence in Parliament very needful for the Furtherance of the present weighty Affairs of the Kingdom, do therefore Order, That the said Earl do, with all convenient Speed, repair unto the Parliament; and, by Deputation from his Lordship, do commit the Charge of the Fleet unto Captain Batten, his Vice Admiral, with the like Power his Lordship hath received from both Houses; who is hereby further authorized to execute the same, in the Absence of the said Earl, in as ample Manner as if he, the said Earl, were personally present."

Mr. White to be Keeper of The Gatehouse.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That Mr. Christofer White, of Westm. Pewterer, shall be appointed and nominated to have the Charge and Custody of The Gatehouse, until the House shall take further Order."

Mayor of Bristol to take Care that no Arms, &c. go to Wales, to be employed against the Parliament.

"Upon Information given unto this House, That great Quantities of Arms, Ordnance, and Ammunition, are conveyed from Bristoll into Wales, for the Use of the Marquis Hertford, impeached of High Treason, and his Adherents; it is this Day Ordered, by the Lords and Commons, That the Mayor of Bristoll, and Searchers and Officers of the Customs, be strictly charged and required, not to suffer any Ammunition, Arms, or other Warlike Provisions whatsoever, to be transported from the said City and Port to Wales, to be employed against the Parliament."

Capt. Ven to dispose of Arms.

"Whereas the House of Commons, by an Order dated the 11th of August, 1642, gave Power to Captain John Venn to receive all such Arms, and other Warlike Provisions, as are seized in any Place, by virtue of any Warrant from the said House, and to dispose of the same according as he should from Time to Time receive Directions from the Earl of Essex, Lord General: Now, forasmuch as the said Power, which was in the Earl of Essex Lord General, in his Absence is invested (fn. 12) in the Committee of Lords and Commons for the Safety of the Kingdom of England; it is this Day Ordered, by the Lords and Commons now assembled in Parliament, That the said John Venn be hereby required, from Time to Time, and at all Times, to issue out and dispose of all or any such Arms, Ammunition, or other Warlike Preparations, as are or shall come to his Hands, by Warrant from the said Committee, or any Five of them, signified under their Hands; and the said John Venn, as well for what he hath delivered, or hereafter shall deliver, by virtue of Warrant under the Hand of the Earl of Essex Lord General, or under the Hands of the Committee, or any Five of them, shall be (fn. 13) sufficiently discharged; and the said John Venn shall be, by the Parliament, also saved harmless, and kept indemnified, for his Doings therein, as well for receiving into his Custody any Arms, Ammunition, or Warlike Provisions, as for issuing the same out according to Order aforesaid."

Sheriff of Yorkshire to be assisting to the Committees in the Execution of the Militia.

"It is this Day Ordered, by the Lords and Commons now in Parliament assembled, That whereas they have received Information, from Sir Edward Rhodes and Captain John Hotham, that they are now, according to the Ordinance of Parliament, setting in Order the Militia within the County of Yorke: For the strengthening and furthering of which Service, being of great Concernment, the Sheriff of the County (fn. 14) shall be enjoined to be forthwith in a Readiness, with all the Power of that County committed to his Trust, for the assisting of the said Sir Edward Rhodes and Captain John Hotham, and shall from Time to Time actually assist them, as he shall be by them required, for the advancing and furthering of that Service."