House of Commons Journal Volume 2
04 October 1642

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1802

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'House of Commons Journal Volume 2: 04 October 1642', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 792-794. URL: http://british-history.ac.uk/report.aspx?compid=3797 Date accessed: 01 September 2014.


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Die Martis, 4 Octobris, 1642.

PRAYERS .

Norton's Petition.

THE humble Petition of Simon Norton, of the City of Coventry, a Prisoner in the Fleete, for appearing in Arms before the said Town, with the King, was this Day read; and nothing done upon it.

Members Subscriptions.

Mr. Leeds declares he will bring in Fifty Pounds.

Mr. Hebblethwayte will give Forty Pounds.

Bailing Ricaut.

The humble Petition of Peter Ricaut Esquire, in the Serjeant's Custody, for being a Contriver of the Petition at the late Assizes at Maidston, was this Day read: And

It is Ordered, That he be forthwith bailed; and that the Petition be referred to the Examination of the Committee for Informations.

Payment to Barrington.

The Order for Sir Tho. Barrington to receive Four thousand Pounds out of the Monies of the Contributions in the County of Essex, was read; and assented unto; and ordered to be sent to the Lords for their Assent.

Proceedings concerning Hyorne.

Mr. Whittacre reports the Fact of Mr. Hyorne, Town Clerk of Woodstock, who shewed himself forward to yield and deliver up the Arms in the Magazine there, to the Cavaliers then at Oxon; and did publish the Proclamation, whereby the Earl of Essex and all Adherents unto him, are proclaimed Traitors; and likewise the Proclamation against Sir Jo. Hotham.

Resolved, upon the Question, That Mr. Hiornes shall be called in to the Bar; and there, upon his Knees, make Acknowledgment of his Faults.

Mr. Hiorne was called in to the Bar accordingly: And Mr. Speaker declared unto him the Nature of his Offence, which was very heinous.

He did, according to the Judgment of the House, humbly acknowledge his Offence; and was heartily sorry for it; and earnestly desired the Pardon of this House: And was thereupon discharged.

Persons to be sent up.

Ordered, That the Lord Chief Justices of the King's Bench be required to grant a Habeas Corpus pro Rege, to the Keeper of the Prison at Yorke, returnable immediate; with a Pæna, commanding him to send up to the Parliament Geo. Gillman, Wm. Dunn, Tho. Fossam, Tho. Atkinson, Tho. Fuller, Peter Joss, Rich. Renton, Mariners, imprest into his Majesty's Service, and serving under Captain Jo. Stevens, all Prisoners in the Gaol at Yorke: And

'Tis farther Ordered, That the Writs may be granted without Fee.

Instructions for Counties.

Instructions for the Lord Willoughby of Parham, Sir Jo. Hotham, Ferdinando Lord Fairefax, Sir Hugh Cholmeley, Captain Jo. Hotham, Sir Edw. Rodes, Sir Tho. Fairefax, Sir Wm. Fairefax, Sir Wm. Constable, Mr. Stockdale, and such others as they, or any Two of them, shall nominate, being the same with the Instructions for other Counties, were read; and assented unto; and ordered to be sent to the Lords for their Assent.

Raising Horse, &c.

The printed Propositions for Raising of Horse, Money, and Plate, with the former Names inserted unto them, were likewise read; and assented...

Declaration to Yorkeshire.

Mr. Pym reports the Declaration from the Committee, occasioned upon the Articles of Agreement concluded the 29th of September, at Leeds, in the County of Yorke, to be sent into that County, by the Care of the Committee for the Safety of the Kingdom ... was this Day read; and assented unto; and ordered to be sent unto the Lords for their Assent; and to be printed.

Assembly.

Ordered, That it be referred to Mr. Solicitor and Mr. Whittlock, to take Care of the Bill for the Assembly; and to bring it in on Thursday Morning.

Commission of Array.

Jo. Williams and David Price were called in; and did testify, That Captain Charles Price and Hugh Lloyd the Sheriff of that County, did put the Commission of Array in Execution; and did call together the Train Bands, and did propound unto them, whether they would assist the King in this War.

Member disabled to sit.

Resolved, That Mr. Charles Price shall be disabled for sitting or continuing any longer a Member of this House, during this Parliament.

Persons called in again.

Williams and Price were again called in: And Mr. Speaker told them; "That the House took Notice of their good Service, in their Pains in coming hither to give the House this Information; and they accept well of their * * * * "

Declaration to Yorkeshire, &c.

Mr. Pym carried up to the Lords the Declaration to be sent into Yorkshire; the Instructions, Propositions, and Resolutions, to be sent to Mr. Hotham, Sir. Edw. Rodes, &c.

Committee to Ireland.

A Letter of Credence to the Committee appointed to go into Ireland was this Day read; and assented unto; and sent unto the Lords, for their Assent, by Mr. Solicitor.

E. of Antrim.

Ordered, That it be referred to the Committee for the Navy, to appoint a Ship of good Strength to convey and bring over the Earl of Antrim, who is a Prisoner in Ulster, and ordered, by both Houses, to be brought over to the Parliament of England.

Instructions for Yorkeshire.

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

The Lords have considered of the Votes and Instructions brought up concerning Yorkeshire; and that they do agree with this House in all.

Irish Affairs.

Ordered, That the Proposition from the Scots, concerning Eight thousand Bowls of Oatmeal for the Supply of the Army in Ulster, be referred to the Committee for Adventurers: And they are to meet upon it this Afternoon; and to bring in their Resolution To-morrow Morning: They are likewise to consider of the Petition and Certificate of the Commissioners from Londonderry, of the Fifth of September, whose Hands are subscribed to the said Petition. They are likewise to consider of putting a fit Man into the Command and Charge of the Foot Company in Munster, now under the Command of Captain Charles Price; whom the House hath disabled to continue any longer a Member of this House, and doth not think him worthy of that Charge, in regard that it hath been proved against him, that he hath put the Commission of Array in Execution, and hath been active to promote the War against the Parliament.

Person committed.

Ordered, That Rich. Deane, now in the Serjeant's Custody, be forthwith committed a Prisoner to the Gatehouse; there to remain during the Pleasure of the House.

Contributions of Plate, &c.

IT is this Day Ordered, by the Lords and Commons, That those Persons that are appointed by the Parliament to take the Subscriptions of such of the Inhabitants within the City of London, and the Suburbs thereof, and the Parishes adjacent, and within the City and Liberties of Westminster, as will contribute in Plate or Money, upon the Propositions for the Defence of the King, Parliament, and Kingdom, shall have Power, and are hereby authorized, in their several Limits, to receive such Money or Plate as shall be contributed upon the said Propositions: And such Person or Persons, that shall receive any such Plate or Money, shall give a Note, under his or their Hands, unto that Party that shall give or lend, if he require the same, of the Receipt thereof, declaring the Sum and Proportion of Money or Plate that shall be given or lent: And the Persons so appointed to take the said Subscriptions, shall, within their several Parishes or Divisions, have Power to name One of themselves, unto whom all such Money and Plate, that shall be collected by the rest, shall be paid: Who shall pay over the same to the Treasurers for Money and Plate, formerly appointed in the Guildhall, London: Who shall thereupon give Receipts, in Manner and Form formerly used, unto Receipts are respectively to be delivered to the Parties unto whom the same shall belong, if they call for the same.

Cunningham's Contract for Arms.

Propositions made by Thomas Cuningham, the 21th of September, 1642.

To deliver, upon his own Charges and Adventure, within the Town of Leith in Scotland, the Number of Six thousand Musquets, with their Bandaleers, Four thousand Pikes, and Ten thousand Swords, with their Belts, at the Prices following; to wit,

s. d.
6000 Musquets and Bandaleers, at 18 6
4000 Pikes at - - - - - - 5 6
10,000 Swords and Belts, at - - - 7 4

To receive his Money at Three Payments, One Third ready Money; One Third a Month after Certificate produced of the whole Arms delivered in Scotland; One Third more at Two Months after the Second Payment ought to be paid.

To have Persons nominated and appointed to accept any pay Bills of Exchange, when they shall be presented.

That the Musquets above mentioned be of Amsterdam and Utrick Proof.

Mr. Ven reported these Propositions at these Rates: The which were this Day read; and allowed of.

Ordered, That Mr. Halsted and Mr. Hawkins shall be the Persons nominated and appointed to make the first Payment, according to the Agreement; and to accept and pay the Bills of Exchange, when they shall be presented: And that the Payments shall be made out of the Adventurers Monies.

Defence of Essex.

Whereas the Inhabitants of the County of Essex have contributed very liberally, according to the Propositions for the Raising of Horse, Money, and Plate, for the Service of the King and Parliament; upon the Report whereof it was ordered, by both Houses of Parliament, That Four thousand Pounds thereof should be forthwith imprested into the Hands of Sir Thomas Barrington Knight and Baronet, to be laid out and disposed of by the Advice of the Deputy Lieutenants of that County, or any Two of them, for the Defence and Safety of the said County; as also the Buying of Eleven hundred Arms, which were taken away by his Majesty from that County, upon his first Expedition into the North: And whereas the said Sir Thomas Barrington hath yet received but Five hundred Pounds of the said Four thousand Pounds; the said Sir Thomas, and other of the said Deputy Lieutenants, being already engaged for a far greater Sum to Merchants with whom they have already contracted for the said Arms, so taken away by his Majesty as aforesaid: It is therefore Ordered, That the said Sir Thomas Barrington shall hereby be enabled and authorized to take the Remainder of the said Sum of Four thousand Pounds of the several Treasurers appointed for the Receiving of the Loans and Contributions of his Majesty's loving Subjects in that County of Essex: And that the said Sir Thomas Barrington shall certify particularly all such Sums of Money, together with the Names of such as lend the same, to the Treasurers of London: Who are hereby required to give Acquittances for the same; to the end the Parties may thereupon have the Benefit of the Publick Faith for Payment to be made unto them, as to other of his Majesty's Subjects, upon the Propositions for the Subscriptions of Money, Plate, and Horses.

Declaration to Yorkshire.

UPON Perusal of certain Articles, dated the 29th of September 1642, betwixt the Lord Fairfax, and divers other well affected to the Peace of the Kingdom, and Mr. Bellasis, and others, who have declared themselves in sundry Actions, Opposers of the Proceedings of the Parliament, and Furtherers of the War raised against them, and of many grievous Pressures lately exercised upon the good Subjects, Inhabitants of the County of York; and being confident, and that if the Lord Fairfax, and the rest of the Gentlemen on his Part, had known by what Arts and Designs this Agreement was plotted on the other Side; and how dangerous and mischievous it must needs be, both in the Effect and the Consequence of it; their good Intentions to the Peace of That County and of the Kingdom are such, that they would never have consented to any thing so prejudicial thereunto, as this seeming Neutrality would be, by making That County many ways serviceable to those ill Councils, whereby his Majesty is incited against his Subjects, and no way useful to the Parliament in Protecting of them: Wherefore the Lords and Commons do Declare,

First, That none of the Parties to That Agreement had any Authority, by any Act of theirs, to bind that County to any such Neutrality as is mentioned in that Agreement; it being a peculiar and proper Power and Privilege of Parliament, where the whole Body of the Kingdom is represented, to bind all or any Part thereof.

2. That it is very prejudicial and dangerous to the whole Kingdom, that One County should withdraw themselves from the Assistance of the rest, to which they are bound by Law, and by several Orders and Declarations of Parliament.

3. That it is very derogatory to the Power and Authority of Parliament, that any private Men should take upon them to suspend the Execution of the Ordinance of the Militia, declared by both Houses to be according to Law, and very necessary at this Time, for the Preservation of the Peace and Safety of the Kingdom.

4. That many Things in That Agreement are very unequal, contrary to the Nature of a Neutrality (being much more advantageous to One Side than to the other), prejudicial to the publick Defence of the Kingdom undertaken by the Parliament; and would be a great Impediment to that good Agreement betwixt his Majesty and his Subjects, which both Houses do so earnestly desire and endeavour.

For these, and other Reasons, we hold ourselves bound in Conscience, in Performance of the several Protestations that we have made, to hinder all farther Proceedings upon That Agreement: And therefore it is Ordered, by both Houses of Parliament, That no such Neutrality be observed in that County, which will advantage the Forces raised against the Parliament, and no way benefit Yorkshire, but rather most dangerous to them, by keeping that County without any defensive Force; whereby it will be open to the King to bring back his Army at his Pleasure, and to make that his Winter Quarter; to which the Plenty of that County, and Nearness of Newcastle for Supplies by Sea, are like to invite him; whereby it will become the Seat of War: And if this should not fall out, yet, if the rest of the Kingdom be suppressed, what Hope can Yorkshire have, but to be involved in the Publick Misery? And therefore, in Wisdom for themselves, and Justice to the State, they ought not to withdraw themselves from the common Cause; but to join with the Parliament in the Defence of the Religion and Liberty of the whole Kingdom; and with them to labour, by all good Means, to procure a General Peace and Protection from the King for all his Subjects; which both the Houses of Parliament have, by many humble Petitions, desired of his Majesty, but cannot yet obtain: And if They should suffer any particular Counties to divide themselves from the rest of the Kingdom, it will be a means of bringing all to Ruin and Destruction. Wherefore it it further Declared, That neither the Lord Fairefax, nor the Gentlemen of Yorkshire, who are Parties to those Articles, nor any other Inhabitants of that County, are bound by any such Agreement: But they are required to pursue their former Resolutions of maintaining and assisting the Parliament, in Defence of the Common Cause, according to their General Protestation, wherein they are bound, with the rest of the Kingdom; and their particular Protestation by themselves lately made; and according to such Orders and Commissions as they shall receive from both Houses of Parliament, from the Committee of Lords and Commons appointed for the Safety of the Kingdom, or from the Earl of Essex Lord General.