Die Jovis, 1 Septembris, 1642.
Ly. Benion's Money.
WHEREAS it was formerly Ordered, That the
Monies of the Lady Benion should remain in the
Custody of the Chamber of London; whereas, indeed, it
was never in the Chamber of London; but in the Custody of the Treasurers for the Subscription Monies at
It is this Day Ordered, That those Monies which remain in the Lord Mayor's Hands, allowing the Three
hundred and Thirty-nine Pounds, which the Lord Mayor
has already paid to Creditors, be removed out of the Lord
Mayor's Hands; and continue in the Hands of the
Treasurers for the Subscription Monies.
Ordered, That Robert Clerke, Vicar of Andevor, who
is a Prisoner in the King's Bench, by a former Order of
this House, for Contempt of an Order of this House, be,
upon his humble Petition, expressing his Sorrow, that he
had offended the House, forthwith discharged from any
Affairs in Northampton.
Two Letters from the Committee at Northampton of
the 29° of August, concerning some Service done by the
People of the Country upon some Troopers; and desiring to know what shall be done with the Arms, Horse,
and Goods, seized by the Country People;
Ordered, That it be recommended to the Lord General to dispose of such Arms, Goods, and Horse, as are
taken in the County of Northampton, by the People of
the Country, to such Persons as have taken them: And
that he would take Order for sending up for Sir Wm.
Boteler and Sir Anth. St. Leger, who are Delinquents,
to this House: And that the Consideration of Jo. Havers, Sam. Wightwick, and Christopher Smyth, who are
detained at Custody at Northampton.....
The humble Petition of the Master and Owners of
the Ship called the Clara of London, was this Day read:
And thereupon the Order hereafter ensuing, framed by
the Committee of the Navy, was made.
Ordered, That the Committee for the Letter * * * *
That the Bill concerning the Making of Peers be read
To-morrow Morning: And that Mr. Speaker put the
House in mind hereof.
Two Letters from Waynefleete, of the 30th of August,
concerning the Apprehending some Ten Gentlemen, and
divers great Trunks and Chests, which were landed at
Skegnes in Lincolneshire, in the Night-time, and were apprehended, and sent to Boston; and are from thence returned to the Parliament.
Dep. Lieuts. of Lincolne.
Resolved, That this House doth nominate and approve of Sir Jo. Brownlow Baronet, Sir Wm. Brownlow
Baronet, Tho. Grantham Esquire, Tho. Lister Esquire,
to be Deputy Lieutenants of the County of Lincolne.
Issues for Army.
Ordered, by the and Commons, That the
Treasurers for the Subscription of Plate and Money in
Yieldhall, London, shall issue from time to time, unto
the Treasurer for the Army, such Sum or Sums of Money, as they shall be willed and required from time to
time, by Warrant from the Lord General, to issue:
Which Warrants, together with an Acquittance under
the Hand of the Treasurer of the Army, or his Deputy,
shall be a sufficient Discharge.
Ordered, That the Committee for the Essex Declaration do meet this Afternoon, at Two .. Clock, in the
Court of Wards.
And Mr. Ellis is added to this Committee: And all
that will come are to have Voices at this Committee.
Ordered, That it be referred to the Committee for the
absent Members, to consider what Members that have
been summoned, have appeared, and gone down again
without Leave: And are to meet this Afternoon, Two ..
Clock, in the Court of Wards.
Ordered, Mr. Hill do make his Report To-morrow
Morning, concerning [the absent Members.]
Ordered, That such Members of the House as shall
appear, being summoned, and go down again without
Leave of the House, and shall absent themselves from
the Service of the House, shall be disabled to sit any
longer as Members, during this Parliament [a].
Affairs in Essex.
The House being informed, That the Sheriff of the
County of Essex was at the Door; and desired the Direction of the House concerning some Warrants he had
received from some Justices of Peace of that County, for
raising the Posse Comitatus for suppressing some riotous
The Sheriff was called in: And Mr. Speaker told him,
"That the House had taken often Notice of the good
Service done by him to the Parliament; and do well approve of the Respects now done by him to this House, in
first acquainting them with the Warrants he has received
for raising the Posse Comitatus, before he did any thing
upon those Warrants: And the House hath commanded
me to injoin you not to do any thing upon the Warrant
you have received, signed by Sir Tho. Bendish and Geo.
Gent, nor upon any other Warrant of the like Nature,
until this House shall be first acquainted therewith, and
that the House take farther Order herein."
Sheriff of Oxford's Arms.
Ordered, That the Sheriff of Oxon shall have Mr
Speaker's Warrant to convey Thirty Musquets, Six Carabines, and an Hundred Weight of Powder, to Whitfield,
his House in the County of Oxon.
Declaration from Scotland.
The Declaration from the General Assembly of Scotland was, according to the Order of this House, was now
And the House fell into the Debate thereof.
Resolved, upon the Question, nemine contradicente, That
the Government of the Church of England, by Archbishops, Bishops, their Chancellors and Commissaries,
Deans, Deans and Chapters, Archdeacons, and other
Ecclesiastical Officers, hath been found, by long Experience, to be a great Impediment to the perfect Reformation and Growth of Religion, and very prejudicial to
the State and Government of this Kingdom: And this
House doth resolve that the same shall be taken away.
Resolved, upon the Question, That this Vote shall be
One Head of the Declaration to be prepared for Answer
to the Declaration from the General Assembly of the
Church of Scotland.
Declaration in Answer to Scotland.
Mr. Solicitor, Mr. Browne, Mr. Whitlock, Mr. Rous,
Mr. Pym, Mr. Reynolds, Mr. Hill, Sir Ro. Harley, Mr.
Marten, Sir Tho. Barrington, Mr. Rigby, Sir H. Mildmay, Sir Philip Stapilton, Mr. Hatcher, Mr. Wheeler,
Mr. Salloway, Mr. Serjeant Wilde;
This Committee or any Four of them, are to meet
this Afternoon, at Three of Clock, in the Court of Wards,
to prepare a Declaration in answer to the Declaration
from the General Assembly of the Church in Scotland:
They are likewise to declare the Mischiefs that have come
to this Church and State by Episcopacy.
Member committed, &c.
Resolved, upon the Question, That Mr. Jo. Russell, a
Member of this House, shall be committed to the Custody of the Serjeant attending on this House; there to
remain during the Pleasure of the House: And that the
Examination of him, and of the Cause of his Absence,
be referred to the Committee appointed to consider of
the absent Members.
Leave of Absence.
Resolved, upon the Question, That Sir Arth. Haselrig shall have Leave to be absent, to intend the Charge
of a Captain of Horse; he having raised a Troop according to the Propo....
Raising Forces in Oxfordshire, &c.
THE Lords and Commons being informed that divers Troops of Horse, armed in a warlike Manner, have
lately entered into the City of Oxford, and plundered the
Houses of some of his Majesty's good Subjects in that
City, and are there entertained and supplied by the malignant Persons Inhabitants, and by many Delinquents
and Papists, who have resorted to that Place; and there
harbour themselves; and are now endeavouring to fortify
it; and have raised Forces, and make it a Rendezvous
for wicked and ill-affected Persons, combining together
to suppress the true Protestant Religion, to make themselves Masters of the Lives and Fortunes of his Majesty's
loyal Subjects in those Parts; who, being much terrified
with these Proceedings at Oxford, have many of them
removed their Families from their Residence near that
City, and desired Aid and Relief from Parliament:
Which the Lords and Commons having taken into due
Consideration, do order and straitly require the Lord
Lieutenants, and the Deputy Lieutenants, of the several
Counties of Oxon, Buck', Berks, and Gloucester, do
forthwith repair to their respective Counties; and that
they, and the High Sheriffs, Gentlemen, and Inhabitants, of the said several Counties, do forthwith raise all
such Forces as they can make of Volunteers, both Horse
and Foot, within the said several Counties, for Defence
of the Lives of themselves, their Wives and Children,
and their Fortunes, from Rapine and Spoil, and for the
Preservation of the Peace of their Country, and to be
under the Command of such Persons as are or shall be
appointed by both Houses of Parliament for that Service:
And the Lord Lieutenant, High Sheriff, and Deputy
Lieutenants, of the said County of Oxon, are hereby ordered and required forth with to raise all the Trained Bands,
both Horse and Foot, of the said County and Volunteers
there, both Horse and Foot: And the Trained Bands of
the said County are hereby required to appear, with their
Arms complete, at such Times and Places, and to perform and execute such Service, for the Safety of the said
County, as by the Lord Lieutenant, High Sheriff, and
Deputy Lieutenants, of the said County of Oxon, or any
Two of the Deputy Lieutenants, in the Absence of the
Lord Lieutenant, shall be directed and required: And
such of the said Trained Bands, or others, of the said
County of Oxon, as shall make Default herein, shall be
forthwith disarmed, and sent up to the Parliament, as
Delinquents: And those well-affected Persons, Volunteers,
who shall be raised in the said several Counties, for the
Purposes afore-mentioned, are hereby desired and authorized to join with the Trained Bands, and such other
Forces as are or shall be provided for the Protection of
his Majesty's good Subjects, to march, with all Expedition,
to the said City of Oxon, for the Suppressing of the said
Insurrection there, and the Dispersing, Apprehending,
and Disarming, of those ill-affected Persons and Forces
gathered together in that Place; and for the Safety of the
Lives and Fortunes of his Majesty's Subjects in the said
Counties, and the necessary Preservation of the Peace
thereof: And that the Lord General be desired to grant
such Commissions as shall be fit to put this Order in Execution; and to add such other Forces, and to give such
other Powers, as he shall think convenient for the Settling
of the Peace of the County there, and Protection of his
Resolved, upon the Question, That this Order be carried up to the Lords by Mr. Whitlock.
WHEREAS, upon Information given this House, that
a Ship, called the Cleare, of London, lately arrived in the
Port of Southampton, from the West Indies, under the
Charge of Benedict Stafford, Master of the said Ship, laden with Silver, and other Commodities of Value, was
brought into the said Port of Southampton, without Consent of the Owners of the said Silver, and other Goods;
which concerned this High Court of Parliament, both in
Honour and Justice, to take special Care that no Subjects
of any foreign State might be wronged, by the Miscarriage of any Subjects of this Kingdom, but to make timely
Provision, that Right might be done to any lawful Proprietor of those Goods: For the Effecting whereof, both
Houses of Parliament did Order, that, after due Execution of the Value of the said Bullion, or Coin, and of the
Quantity and Quality of the other Lading of the said
Ship, the said Bullion, or Coin, should be sent up to
London, with a sufficient Guard, to be reserved to the
Use of the true Owners; to be restored to them so soon
as the Parliament should be informed to whom the said
Bullion, Coin, or other Goods, did of Right belong: And
whereas, since the Making that Order, the said Benedict
Stafford, Master, and Part Owner of the Clare, together
with John Marston and Daniel Ferfaix, other Owners
of the said Ship, have, by their Petition to this House,
claimed the Property of the said Ship, and have given further Information of the Proceedings of the whole Voyage
with that Ship, from St. Lucas in Spaine, where the said
Master left his Ship to Freight, for Fifteen Months, to
Merchants, Subjects of the King of Spaine, to go for
Saincto Domingo in the West Indies, there to discharge,
and to relade back for St. Lucas; where the Master, having
taken in his Lading of Ginger, Hides, and other Merchandize, expecting his Discharge within his Time, according to the Charter-party; but was detained above
Twelve Months beyond that Time, by the Factors and
President of St. Domingo, who denied to give Dispatch
unto the said Master, or to make him a Certificate according to Right and Custom of Merchants, to his great
Prejudice, and to the Hazard of the Loss of his Ship,
being eaten out with the Worms; and likewise of the Lives
of himself, and all his Company; which enforced him to
depart with his Ship for St. Domingo, upon the Desires
of divers Merchants, Subjects of the King of Spaine, who
had laden aboard her a Quantity of Cochineal, and some
Silver in Coin and Bars; and, for Want of the said Certificate of the Factors and President of St. Domingo, the
said Master durst not return for St. Lucas, but came for
England, for Justice against the Freighters of the said
Ship in St. Lucas; and for that End, presently upon his
first Arrival in England, repaired to the Court of Admiralty, where he, and the rest of the Owners, informed that
Court of the whole Proceedings; and have made Proof
thereof, by Witnesses, upon Oath, according to the Course
of that Court; and do attend, expecting Justice against
the Freighters, for their Freight and Damage: And the
better to manifest the Clearness of their Proceedings, the
said Master and Owners did address themselves unto the
Spanish Ambassador residing in London; acquainted his
Lordship with the Truth of the Case, with the Names of
the Freighters, and with * * * *