House of Lords Journal Volume 5
12 October 1642

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1767-1830

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'House of Lords Journal Volume 5: 12 October 1642', Journal of the House of Lords: volume 5: 1642-1643 (1767-1830), pp. 396-399. URL: http://british-history.ac.uk/report.aspx?compid=34923 Date accessed: 29 November 2014.


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DIE Mercurii, videlicet, 12 die Octobris.

PRAYERS.

The Lord Grey of Warke was appointed to be Speaker this Day.

A Letter was read, directed to the Lord Grey of Warke, from Secretary Nicholas, in Answer to the Instructions which are to be given to the Committees of the House of Commons that go into Ireland.

Secretary Nicholas's Letter, in Answer to the Instructions to the Committee going to Ireland.

"My very good Lord,

"I have acquainted His Majesty with your Lordship's Letter of the 20th of Septemb. and the Instructions of both Houses for the Committee to be sent into Ireland. Upon Perusal of which, His Majesty hath commanded me to return this His Answer:

"That the Substance of the Instructions (sent in your said Letter) is included in those which His Majesty hath given in Charge to His Lieutenant of Ireland; and if any Thing shall be wanting for the Ad vancement of that Service, His Majesty will from Time to Time enlarge those Instructions as there shall be Cause, and shall expect an Observation and Account of them from His said Lieutenant, as of any Thing else which may concern the Government of that Kingdom, being the Person to whose Integrity and Wisdom He hath committed the managing of that Kingdom, and of whose Abilities for that Service He hath a much greater Esteem than of the Persons recommended, One of them being utterly unknown to His Majesty, and the other in His Majesty's own Knowledge (as He saith) guilty of Breach of Duty, and of imminent Disservice to His Majesty: Besides, till the Power of both Houses of taking up Arms without and against His Majesty's Consent be determined, His Majesty can never consent that any Committee from them, or either of them, be sent into His other Kingdom.

"These be His Majesty's own Words, in Answer of your Lordship's said Letter. I shall not presume to add any to it, but that I am

"Your Lordship's most humble Servant,

Shrewsbury, the 8th of October.

"Edw. Nicholas."

To be communicated to the H. C.

Ordered, That this Answer be communicated to the House of Commons.

Letter from Lord Forbes, about the Poor in Ireland.

Next, was read a Letter from the Lord Forbies, setting forth the Miseries of the Protestants in Ireland.

Ordered, That this Letter shall be communicated to the House of Commons.

Message to the H. C. with these Two Letters.

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

To send these Two Letters to the House of Commons.

Mr. Thaine appointed Deputy Usher of the Black Rod.

It was moved, in Behalf of the Gentleman of the Black Rod, "That, in regard of his great Diligence, of his Attendance upon this House this Parliament, and in regard of his Age and his Occasions, that Mr. Maxewell may have Liberty to appoint one Alexander Thayne (for whom Mr. Maxwell will give his Word for his Honesty), to attend for him, when he hath Occasion to be absent."

Then the said Alexander Thayne was called in, and this House approved of him; and Ordered, That he shall be permitted to wait and attend upon this House, in the Absence of the Gentleman Usher of the Black Rod.

Mr. Justice Crawley, Leave of Absence.

Ordered, That Mr. Justice Crawley hath Leave to be absent from giving his Attendance on this House, until the latter End of the next Week.

Mess. Howards, &c. Leave to travel.

Ordered, That Mr. George Howard and Mr. Henry Howard, Brothers to the Earl of Suffolke, shall have Liberty to travel into France; and Edward Rainbow, Gentleman, and Adirl Baynard, Gentleman, and Francis Tallents, and Edward Smith, shall be permitted to go with them.

Beverlett, concerning Le Grand's Cause.

Ordered, That Beverlett, who refuseth to obey the Order of this House, in Ric'd Le Grand's Cause, shall appear here To-morrow Morning; and both Sides then to be heard.

Darell, Earl Mulgrave's Servant, Privilege.

Ordered, That the Persons that arrested George Darell, a Servant of the Earl of Mulgrave, shall be sent for, as Delinquents.

Delinquents to be sent for, for building a House to overlook Lady Villiers's.

Upon Complaint made, "That the Order (fn. *) for staying of the Building of the House, which overlooks the Lady Villiers's House, is disobeyed, and the Workmen proceed in the Building;" Ordered, That the Names of those Workmen that go on in the said Building shall be returned unto this House; and then they shall be sent for, to answer the said Contempt.

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

A Message was brought from the House of Commons, by Sir Walter Earle:

1. To desire that their Lordships would please to sit a while; for they intend to come up about some Business of Importance.

2. To desire Concurrence in an Order, concerning the putting of the City of Exeter and the County of Devon into a Posture of Defence. (Here enter it.)

Agreed to.

3. An Order concerning the seizing and apprehending of a Ship at Yarmouth, which came from Rotterdam. (Here enter it.)

Agreed to.

4. An Order to pay Sixty-eight Pounds, Eight Shillings, which is in Arrear, to Serjeant Major Warrent, &c. (Here enter it.)

Agreed to.

5. An Order, That the Receivers of the Money upon the Propositions, within the City of Exerter, shall pay to the Mayor and Aldermen of the said City Three Hundred Pounds, to (fn. *) fortify the said City and Castle. (Here enter it.)

Agreed to.

6. An Order to give (fn. †) Authority to divers Knights and Gentlemen of Dorsetshire, to continue the Observation of the Instructions of Parliament of the 16 of August 1642, for raising of Forces, &c. (Here enter it.)

Agreed to.

The Answer returned to the Messengers was:

Answer.

That this House intends to sit a while, as is desired; and that their Lordships agree with the House of Commons in all the Orders now brought up.

The Messengers return Answer:

That they have delivered the Two Letters to the House of Commons.

Message from the H. C. for a Conference, for Defence of the Kingdom.

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

To desire a present Conference, if it may stand with their Lordships Conveniency, touching the Defence of the Kingdom.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, in the Painted Chamber, as is desired.

Thorne's Cause, for preaching erroneous Doctrine, to be further heard.

Upon the reading of the Petition of Giles Thorne, Clerk, committed by this House, upon a Complaint made against him, for preaching some Things erroneous in his Sermon; and that the Cause hath been heard in Part already, desiring a speedy Day of further Hearing, or else that he may be bailed; it is Ordered, That the said Cause shall be further heard on (fn. ‡) Tuesday.

The House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Report of the Conference concerning the Safety of the Kingdom.

The Report of the Conference was, "That the Committee for the Safety last Night received Letters, that the King intended to remove from Shrewsbury, and intends to come towards London, and into these Parts: Upon this, the House of Commons desire that, because the People may not be frightened, and taken unawares, that a Committee of both Houses may be appointed, to consider of a Draught of a Declaration, to be published abroad throughout all the Counties in these Parts, that the Trained Bands and the Forces, both of London and the Counties adjacent, may be put into a Posture of Defence, and be put (fn. *) under the Command of Officers, that so they may be ready at an Hour's Warning."

Declaration to be drawn, for preparing the Trained Bands, &c.

Ordered, That the Committee of both Houses for the Safety of the Kingdom shall draw up this Declaration, and present the same to this House.

Alexander's Intention of blowing up the Parliament's Magazine, to be taken Notice of in it.

This House being informed, "That one David Alexander was employed, and he by Confession acknowledged it, that he was to have blown up the Ammunition and Train of Artillery in the Army for the Parliament, that the Committee for the Defence of the Kingdom may take Notice of the same, and express something of it in the Declaration;" which was Ordered accordingly.

Message to the H. C. to acquaint them with it.

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

To let them know, that this House agrees with them, in putting forth a Declaration, for putting the City of London and the Counties adjacent into a Posture of Defence, and have referred the drawing thereof unto the Committee for the Safety of the Kingdom; and that this House hath appointed that the said Committee shall make Mention, in the said Declaration, of the Intent and Undertaking of David Alexander, to blow up the Ammunition and Train of Artillery in the Army; and to desire the House of Commons to join with their Lordships herein, and to give their Committee the like Power.

Order for securing the City and Castle of Exeter.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Mayor, Aldermen, and Common Council of the City of Exerter, within the County of Devon, for the Time being, shall have Power to assemble together, muster, train, and command, all the Trained Bands, and other Persons able to bear Arms, in that City, and County of the same; and, by the Advice of the Mayor, Aldermen, and Common Council of the said City, to nominate and appoint such Persons as are fit, to be Captains, and other Officers, to conduct, lead, and command the said Trained Bands; and that the said Mayor and Aldermen, with the Consent of the Common Council, do cause the said City, and Castle of Exeter adjoining to the City, situate without the Bounds of the County of the said City, within the said County of Devon, to be fortified, and their Ordnance there to be mounted, and the said City and Castle put into a Posture of Defence; and to raise strong Watches, by armed Men, to set by Day and Night, in such Places as are necessary and fitting; and that they do not permit any Soldiers to come into the said City or Castle, without Authority of Parliament; and that the said Mayor, Aldermen, Common Council, and Justices of Peace of that City, and County of the same, do apprehend, and commit to safe Custody, as well all such Persons as, being Commissioners of Array, do put in Execution the same Commission, or that do promote or endeavour to put the same Commission in Execution; as also all such Persons as do lend Money, Plate, or Arms, to His Majesty, for the maintaining of a wicked and unnatural War against His Majesty's good Subjects, and that do disturb the Peace of the Kingdom; and that the said Mayor, and Aldermen, and Common Council, as often as Need shall require, do call Aid of the Deputy Lieutenants, appointed by Parliament, of the said County of Devon, and, in their Absence, to the Justices of the Peace, Captains, and all other His Majesty's Officers in that County, for the raising of such of the Trained Bands and others, within that County, and the several Divisions thereof, to assist the said Mayor, Aldermen, and Common Council, in Defence and Preservation of the said City and Castle; and that the Mayor, Aldermen, and Common Council, and all other Officers that have Admiral Jurisdiction within the said City, or the Liberties thereof, in Case any Enemy come to the said City or Castle, by Sea or by Land; or any Hostility to be used against the said City or Castle, do command all Ships and other Vessels, within the said City and Liberties thereof, to be employed and used as the said Mayor, Aldermen, and Common Council, shall direct, for the Safety and Preservation of the said City and Castle."

Order for Indemnity for the Yarmouth Men, for seizing a Ship from Rotterdam, with Men and Arms for Newcastle.

"Whereas a certain Ship, laden with Gunpowder, Arms, and other Ammunition, and having also in her One Hundred and Forty Soldiers, or thereabouts, was sent from Rotterdam, beyond the Seas, unto Newcastle, which said Ship, Soldiers, Arms, and Ammunition, was to be employed to maintain the present unnatural War against the Parliament and His Majesty's good Subjects, as by divers Examinations, Letters, and other Evidences, do manifestly appear; which said Ship, by contrary Winds and a Leak in her, was enforced to put in at the Port at Yarmouth, in the County of Norff: Whereas the Bailiffs, Justices of the Peace, and other the Officers in that Town of Yermouth, with other Persons, by their Command, and in their Assistance, did seize upon the said Ship, and apprehend the Captains, Officers, and Soldiers, that were brought in that Ship, and them disarmed and put into safe Custody: It is Declared and Ordered, by the Lords and Commons now in Parliament assembled, That the said arresting of the said Ship, seizing of the said Arms, Ammunition, Gunpowder, and other the Lading of the said Ship, the apprehending of the said Captains, Officers, and Soldiers, in Yermouth aforesaid, and also in Gorlston, and other Places near adjoining to Yermouth, and the committing of them in safe Custody, and the disarming of them, was done according to Law, and whereunto, by their several Offices and Places, they were bound unto, and was just and lawful for them so to do, and, for so doing thereof, are not to be impeached or molested: And it is further Declared and Ordered, That the Bailiffs and Justices of Yermouth, or any Two of them, shall and may, from Time to Time, search, arrest, stay, or seize, any Ship, or other Vessel whatsoever, loaden with Arms, Ammunition, or that brings over any Soldiers, into any Parts of this Kingdom, without Consent of Parliament, or Authority of both Houses of Parliament, or by Authority derived from the same; and shall and may, from Time to Time, make Search for, and arrest, disarm, and imprison, any Person or Persons whatsoever, as well in the said Town of Yermouth as in the Town of Gowston and South-Towne, in the County of Suff, and in the County of Norff, (fn. *) as is or shall be justly suspected to pass from beyond the Seas, to assist the King in this unnatural War against the Parliament, and against the good Subjects of this Kingdom, and thereof give Notice to the Parliament."

Order for continuing Forces in the County of Dorset.

"It is this Day Ordered, by the Lords and Commons, That all and every the Articles of the Instructions agreed upon by the Lords and Commons in Parliament, the 16th Day of August, 1642, for the Earls of Bedford and Pembrooke, the Lord Viscount Cranborne, Denzell Holles, Esquire, Sir Walter Erle, and Sir Tho. Trenchard, Knights, John Browne, Esquire, and Colonel Charles Essex, Persons especially appointed and authorized to suppress the Rebellion and Commotion raised by the Marquis of Hartford and his Adherents, in the Counties of Somersett and Dorsett, and other the Western Counties, shall continue and be in Force against the said Adherents, notwithstanding the said Marquis's being departed with his Forces out of the said Counties: And it is likewise Ordered, That the Second Article of the said Instructions shall extend to the Leading and Conducting of all such Forces of Horse and Foot as are, or shall be, appointed by the Committee of both Houses, for the Safety of the Kingdom, as well as to those that are or shall be appointed by the Lord General, the Earl of Essex."

Order to pay 300£. to fortify the Castle and City of Exeter.

"It is this Day Ordered, by the Lords and Commons in Parliament, That the Receivers of the Monies collected upon the Propositions; within the City and County of the City of Exon, shall have Liberty and Power to detain in their Hands Three Hundred Pounds of the said Monies, to be disposed of by the Advice of the Mayor, Aldermen, and Common Council of the said City, for fortifying of the said City, and Castle adjacent."

Order for 68£. 8s. to Serjeant Major Warren.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Sum of Three Score and Eight Pounds, Eight Shillings, appearing to be due to Serjeant Major Warren, by Sir Wm. Uvedale's Accompt, delivered into the House of Commons, as the Arrear of his Personal Entertainment in the late Northern Expedition, be forthwith paid unto the said Sir Wm. Uvedale (for the said Serjeant Major Warren, or his Assigns) by the Treasurers appointed to receive the Monies that shall be paid in upon the Act of Four Hundred Thousand Pounds."

Adjourn.

Adjourn till 10a cras.

Footnotes

* Origin. from.
* Origin. Forty.
Deest in Originali.
Origin. Tuesday Day.
* Origin. unto.
* Origin. it.