House of Commons Journal Volume 2
12 January 1642

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1802

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'House of Commons Journal Volume 2: 12 January 1642', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 371-375. URL: http://british-history.ac.uk/report.aspx?compid=8399 Date accessed: 24 November 2014.


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Die Mercurii; 12 Januari, 1641.

PRAYERS.

Security of the House.

ORDERED, That another Lock be set upon the Door under the Stairs, at the Door of the Commons House: And that Mr. Bell keep the Key, and search it every Morning.

Ordered, That it be referred to the Committee appointed to search about the Houses and Places near the Parliament-house, to take a daily Care, that all Places thereabouts be safe guarded, and kept secure.

Forces at Kingston, &c.

Mr. Theophilus Calcott was called in; and gave Information of many Horse, under the Command of Colonel Lunsford, were lodged at Kingston upon Thames, to the Number of Five hundred or thereabouts: That there came Yesterday Two Load of Ammunition: That there was last Night, Captain Tho. Howard, a Member of this House; and as they say, has a Command of some Men there.

Resolved, upon the Question, That a Message shall be sent to the Lords; To desire a Conference, concerning the Peace and the Safety of the Kingdom.

Sir H. Vane, Mr. Pym, Mr. Hollis, Mr. Pierrepoint, Mr. Glyn, Mr. Chancellor of the Exchequer, Mr. Hampden, Mr. Waller, Mr. Nath. Fienis, Sir Jo. Hotham;

This Committee is to prepare Heads for a Conference, to be desired with the Lords, upon the Informations given here this Day, concerning the Assembling of Horse about Kingston upon Thames; concerning the Tower of London; concerning the Town and Magazine at Hull; concerning the Ship fallen down to Woolwich.

Town of Hull.

Resolved, upon the Question, That the Lords be moved to agree with this House, that Sir Jo. Hotham, or whom else he shall appoint under him, shall not deliver up the Town of Hull, or Magazine there, or any Part thereof, without the King's Authority, signified unto him by the Lords and Commons House of Parliament.

Ordered, That Mr. Hollis do go up to the Lords with this Message; and to desire the Lords that their former Order may be amended, in authorizing Sir Jo. Hotham to be Captain of the Trained Bands, during the Time that they continue in Hull.

Lieut. of the Tower.

Mr. Perepoint is appointed to go to the Lords with this Message; To desire the Lords that they will join with this House, that the Lieutenant of the Tower may be forthwith sent for, in the Name of both Houses, because of the Ordnance and Ammunition going out, and extraordinary Provision coming in.

A Letter from the Lieutenant of the Tower was this Day read, and a Copy of a Warrant inclosed; which were ordered to be carried to the Committee,

Sir J. Hotham.

Mr. Hollys, bring Answer, that the Lords will amend their Order, according to the Desires of this House; and do agree to the Proposition now sent concerning Sir Jo. Hotham.

Defence of the Kingdom.

Mr. Solicitor, Mr. Whittlock, Sir H. Anderson, Sir Gilbert Gerard, Mr. Green, Sir Jo. Holland, Mr. Whistler, Sir H. Mildmay, Mr. Rigby, Mr. Bodevile, Mr. Grimston, Sir Martin Lumley, Sir Edw. Hungerford, Mr. Crue, Sir Edw. Partheriche, Serjeant Wilde, Sir Tho. Barrington, Mr. Ashton, Mr. Moore, Mr. Strode, Sir Jo. Evelyn, Mr. Noble, Sir Wm. Massam, Mr. Lisle;

This Committee is to take into Consideration the Drawing of a Form of a Letter, or other Declaration, to be presented to the Lords, and by both Houses, to be published in Print, and sent into all Parts of the Kingdom; advising them, with all Expedition, to be in a Readiness and good Posture of Defence, upon all Occasions, to defend their several Counties from Invasion by Papists, or other ill-affected Persons; and to declare the several Designs, that this Quarter of Year past, hath been against the Parliament, and Safety of the Kingdom: And are to meet presently, in the inner Court of Wards.

Lieut. of the Tower.

Mr. Pierrepoint brings Answer, That the Lords had given Directions, that the Lieutenant of the Tower should be speedily sent for to both Houses of Parliament.

The Tower.

Resolved, upon the Question, That Mr. Pym shall go to the Lords with this Message; To desire the Lords, that no Provision be sent out of the Tower without the King's Authority, signified by both Houses of Parliament.

2. That no extraordinary Provision of Victuals, or Men, be put into the Tower, without the like Directions of the King, signified by both Houses of Parliament.

3. That a convenient Guard be placed about the Tower, by Land and by Water, to defend the Tower from Surprisal: and that this Guard be appointed by the Sheriffs of London; and to be under the Command of Serjeant Major General Skippon: And that this be intimated to the Common Council, what Care this House hath taken herein.

Mr. Pym brings Answer, that the Lords do concur with this House, in all the Particulars of the Message now sent up unto them.

Ordered, That the Committee last appointed to withdraw, shall draw into Form of Orders the several Particulars of the several Messages this Day sent from this House to the Lords, in the which the Lords do concur with this House.

Ordnance, &c. at Poxehall.

Sir Jo. Evelyn is appointed to go to the Lords with this Message; To acquaint their Lordships with the Ordnance, and other Ammunition that is at Foxehall: An d/?/o desire their Lordships to join with this House, for the Removing forthwith of them from thence, to the City of London, to be there securely kept; in regard of the Dangers of these Times, and the Weakness of that Place, and the Situation of it, so near the Houses of Parliament, and the Conveniency of the Water, and the Forces that are now assembled at Kingston; and that the greatest Part of them belongs to the Lord Herbert, who is willing they should be disposed of as the Parliament shall think fit.

Money for Hull.

Resolved, upon the Question, That the Lord Mayor of Yorke do forthwith issue, out of the Poll-money remaining at Yorke, the Sum of Two thousand Pounds, to Sir Jo. Hotham, or such Persons as he shall appoint, for the Payment of those Trained Bands, that are appointed by both Houses of Parliament, to be instantly put into Hull, for the Defence of that Town and Magazine; and this House will take care, that That Sum shall be supplied some other Way, for those Uses the Poll-money there was designed unto.

I. of Weight.

That the Committee appointed to put the Counties in a Posture, shall have a special Care of the Isle of Weight.

The Tower.

Mr. Pym presents from the Committee the Order concerning the Tower; in hæc Verba:

It is Ordered, by the Lords and Commons in Parliament, that the Earl of Newport, Master of the Ordnance, and the Lieutenant of the Tower for the Time being, their Deputies, or other Officers, shall not permit or suffer any Ordnance, Ammunition, or other Provisions whatsoever, to be carried out of the Tower; nor permit extraordinary Increase of Wardours, or any Provision of Victuals, in any extraordinary Quantity or Proportion, to be brought into the Tower; without the King's Authority, signified by both Houses of Parliament: And, for the better Safeguard of the Tower, it is farther Ordered, by both Houses of Parliament, That the Sheriffs of London and Middlesex shall appoint and place a sufficient Guard about the Tower, both by Land and Water, under the Command of Serjeant Major General Skippon, Commander of the Guards of the Parliament; and that those Guards be careful to see the former Order observed: And the same Sheriffs are required to intimate to the Common Council of London, in what manner the Lords and Commons have provided for the Safety of the Tower.

This Order was read; and by Vote, upon the Question,

Resolved, to be so ordered.

It was likewise Ordered to be fair ingrossed.

Information against Reper, &c.

Mr. Tho. Blunt, a Justice of Peace for the County of Kent, being called in, informed the House, That he was informed, that there are several Chests or Trunks of the Length of a Musket, of a very great Weight, wherein it is conceived, are Arms and Ammunition, carried to the House of Mr. Anthony Roper, at Eltham in Kent. He further informed, that he had received good Information, that one Mr. Cecill Cave did, within these few Days, say, that, ere long, Blood should be sold as cheap as Milk; and, last night, he and Five others, being armed with Swords and Pistols, and well horsed, said, they were to ride all Night, and to be back again this Morning.

Ordered, That Mr. Tho. Blunt, and Mr. Gilborne, or either of them, do forthwith make diligent Search in the House of Mr. Anthony Roper, in Kent at Eltham, or in any other suspected Place, for Arms and Ammunition; and if they find any there, to seize the same; and to apprehend the Person of him, or any other suspected Person; and to take Examinations touching this Matter; and to use their best Endeavours for the Apprehending of Mr. Cecill Cave.

Forces at Kingston.

Mr. Hollis, reporteth from the Committee appointed to consider of the Information given of the Resort of Soldiers to Kingston: That there are about Two hundred Men there that are Officers: That the Town is full of Horses: That they have Pistols, and discharge them; and carry themselves in a disorderly Manner, to the Terror of the People: They give out, to the Inhabitants, that, within Four Days, they will have some of their Heads: That my Lord Digby was there on Horseback with Pistols: That Colonel Launceford, and Two more of that Name, Three of the Mansfields, Colonel Valvasor, Captain Tho. Howard, and others, are amongst them: That it is said the Lord Digby hath the Command of One hundred Horse: And that Two Cart Loads of Ammunition is brought to Kingston.

Letters from France.

Ordered, That the Serjeant, or his Deputy, do forthwith repair to the Queen's Milaner; and to require him forthwith to attend this House, with the Packet of Letters, which this Day he received by the French Post, directed to Mr. Crofts.

Person sent for.

Resolved, upon the Question, That Colonel Lunseford shall be forthwith sent for, as a Delinquent, by the Serjeant at Arms attending on this House.

Member to attend.

Ordered, That Captain Tho. Howard shall be summoned to attend the Service of this House.

London Common Council.

Ordered, That a Message be sent to the Lords, To acquaint them, that the Common Council of the City of London have appointed a Committee to meet, to consider of Matters for the safety of the City; to desire them to join with this House, to send to the Lord Mayor, that a Common Council may be called so often as the Committee of the Common Council shall think fit; to consider of such Propositions, as That Committee shall make unto them: And that the Lord Mayor be required to communicate, from time to time, to the Common Council, all such Orders as shall be sent unto him from either House.

Seizing Saddles.

Ordered, That the Serjeant, or his Deputy, do forthwith cause a Stay to be made of those great Saddles, that are now going by Water to Kingston: And he is to take Two of the Trained Bands to assist him; and to apprehend the Persons, and seize the Saddles.

Forces at Kingston; &c.

Mr. Treasurer reported from the Committee appointed to consider of the Information concerning Kingston;

That whereas this House hath been informed, that Colonel Lunsford, and the Lord Digby, Son to the Earl of Bristoll, with others, have gathered Troops of Horse, and have appeared in a warlike Manner at Kingston upon Thames, within the County of Surrey, where the Magazine of that Part of the County lies, to the Terror and Fright of his Majesty's good Subjects, and Disturbance of the public Peace of the Kingdom: This House holds it fit, that particular Directions may be sent to the Sheriffs of Surrey, Midd', Bucks. and Berks, for the Suppressing of these Assemblies; such Assemblies being contrary to Law; and to take some Course for the Securing of those Four Counties, and the Strond, and Westminster, and the Magazines thereof; and for the Suppressing all unlawful Assemblies, that are gathered together to the Disturbance of the Peace of the Kingdom: And they are required to call in the Justices of Peace, and Trained Bands, of the Counties, for their Assistance herein: And they are to give a speedy Account of their Proceedings herein.

Member to attend.

The Lords are likewise to be moved, to take Order, that the Lord Digby, a Member of their House, may be required to give his Attendance there.

Town of Portsmouth.

The Lords are farther to be moved, That Order be sent from both Houses to the Governor of Portesmouth, requiring him, that he do not deliver up the Town, nor receive any Forces into it, but by his Majesty's Authority, signified by both Houses of Parliament.

London Common Council.

Mr. Nath Feinis carried up this Message to the Lords. He likewise acquainted the Lords with the Order concerning the Committee of the Common Council at London, &c.

Ships to be stayed.

Mr. Pym went up to the Lords, To desire that the Lord Admiral, and Lord Warden of the Cinque Ports, may forthwith give Order to all the Officers of the Ports, and the Captains of the King's Ships, that, if any Ships laden with Ammunition, going for Ireland from any foreign Part, come into any Port of this Kingdom, that they may be immediately arrested and stayed.

The Tower.

Mr. Pym likewise carried up the Order, concerning the Guards about the Tower [a].

Mr. Glynn's Report;

At Guildhall, 6° Januarii, 1641.

Seizing Members Papers; The King's demanding Arrest of Members.

WHEREAS the Chambers, Studies, and Trunks of Mr. Hollis, Sir Arthur Haselerigg, Mr. Pym, Mr. Hampden, and Mr. Strode, Members of the House of Commons, upon Monday the Third of this Instant January, by Colour of his Majesty's Warrant, have been sealed up by Sir Wm. Killegray, and Sir Wm. Flemen, and others; which is not only against the Privileges of Parliament, but the common Liberty of every Subject: Which said Members, afterward the same Day, were, under the like Colour, by Serjeant Francis, One of his Majesty's Serjeants at Arms, contrary to all former Precedents, demanded of the Speaker, sitting in the House of Commons, to be delivered unto him, that he might arrest them of High Treason: And whereas afterwards, the next Day, his Majesty in his Royal Person came to the said House, attended with a great Multitude of Men, armed in warlike Manner with Halberds, Swords, and Pistols; who came up to the very Door of the House, and placed themselves there, and in other Places and Passages near to the said House, to the great Terror and Disturbance of the Members, then sitting, and, according to their Duty, in a peaceable and orderly Manner, Treating of the great Affairs of England and Ireland: And his Majesty, having placed himself in the Speaker's Chair, demanded of them the Persons of the said Members to be delivered unto him; which is a high Breach of the Rights and Privileges of Parliament, and inconsistent with the Liberties and Freedoms thereof: And whereas afterwards his Majesty did issue forth several Warrants to divers Officers under his own Hand, for the Apprehension of the Persons of the said Members; which, by Law, he cannot do, there being not, all this time, any legal Charge or Accusation, or due Process of Law, issued against them, nor any Pretence of Charge made known to that House: All which are against the fundamental Liberties of the Subject, and the Rights of Parliament. Whereupon we are necessitated, according to our Duty, to declare, and we do hereby declare, That, if any Person shall arrest Mr. Hollis, Sir Arthur Haselrigg, Mr. Pym, Mr. Hampden, and Mr. Strode, or any of them, or any other Member of Parliament, by Pretence or Colour of any Warrant issuing out from the King only, is guilty of the Breach of the Liberties of the Subject, and of the Privilege of Parliament, and a publick Enemy to the Commonwealth: and that the Arresting of the said Members, or any them, or of any other Member of Parliament, by any Warrant whatsoever, without a legal Proceeding against them, and without Consent of that House, whereof such Person is a Member, is against the Liberty of the Subject, and a Breach of Privilege of Parliament; and the Person which shall arrest any of these Persons, or any other Member of the Parliament, is declared a publick Enemy of the Commonwealth: Notwithstanding all which, we think fit further to declare, That we are so far from any Endeavour to protect any of our Members that shall be, in due Manner, prosecuted, according to the Laws of the Kingdom, and the Rights and Privileges of Parliament, for Treason, or any other Misdemeanour, that none shall be more ready and willing than we ourselves to bring them to a speedy and due Trial; being sensible, that it equally imports us, as well to see Justice done against them that are Criminous, as to defend the just Rights and Liberties of the Subjects and Parliament of England.

Resolved, upon the Question, by the House of Commons, That this Declaration shall pass as the Declaration of the said House.

Mr. Whitlock reports;

8 Januarii, 1641, at Grocers Hall.

The King's demanding the Arrest of Members.

WHEREAS, upon several Examinations taken the Seventh Day of this Instant January, before the Committee appointed by the House of Commons to sit in London, it did fully appear, that many Soldiers, Papists, and others, to the Number of about Five hundred, came with his Majesty, on Tuesday last, to the said House of Commons, armed with Swords, Pistols, and other Weapons; and divers of them pressed to the Door of the said House, thrust away the Door-keepers, and placed themselves between the said Door and the ordinary Attendants of his Majesty, holding up their Swords; and some holding up their Pistols ready cocked near the said Door; and saying, "I am a good Marksman; I can hit right, I warrant you;" and they not suffering the said Door, according to the Custom of Parliament, to be shut; but said, "They would have the Door open; and, if any Opposition were against them, they made no Question, but they should make their Party good; and that they would maintain their Party:" And, when several Members of the House of Commons were coming into the House, their Attendants desiring, that Room might be made for them, some of the Soldiers answered, "A Pox of God confound them;" and others said, "A Pox take the House of Commons; let them come, and be hanged; what a do is here with the House of Commons:" And some of the said Soldiers did likewise violently assault, and, by Force, disarm some of the Attendants and Servants of Members of the House of Commons, waiting in the Room next to the said House: And, upon the King's Return out of the said House, many of them, by wicked Oaths, and otherwise, expressed much Discontent, that some Members of the said House, for whom they came, were not there: And other of them said, "When comes the Word?" And no Word being given at his Majesty's coming out, they cried, "A Lane, a Lane:" Afterwards, some of them, being demanded, "What they thought, the said Company intended to have done," answered, "That, questionless, in the Posture they were set, if the Word had been given, they should have fallen upon the House of Commons; and have cut all their Throats:" Upon all which, we are of Opinion, that it is sufficiently proved that the Coming of the said Soldiers, Papists, and others, with his Majesty, to the House of Commons, on Tuesday last, being the Fourth of this Instant January, in the Manner aforesaid, was to take away some of the Members of the said House; and, if they should have found Opposition or Denial, then to have fallen upon the said House in a hostile Manner: And we do hereby declare, That the same was a traiterous Design against the King and Parliament. And whereas Mr. Denzill Hollis, Sir Arthur Hasilrig, Mr. John Pym, Mr. John Hampden, and Mr. Wm. Strode, Members of the said House of Commons, upon Report of the Coming of the said Soldiers, Papists, and others, in the warlike and hostile Manner aforesaid, did, with the Approbation of the House, absent themselves from the Service of the House, for avoiding the great and many Inconveniences which otherwise apparently might have happened: Since which time, a printed Paper, in the Form of a Proclamation, bearing Date the Sixth Day of this Instant January, hath issued out, for the Apprehending and Imprisoning of them; therein suggesting, that, through the Conscience of their own Guilt, they were absent, and fled; not willing to submit themselves to Justice: We do further declare, That the said printed Paper is false, scandalous, and illegal; and that, notwithstanding the said printed Paper, or any Warrant issued out, or any other Matter yet appearing against them, or any of them, they may and ought to attend the Service of the said House of Commons, and the several Committees now on Foot.

Resolved, upon the Question, That this Declaration shall pass, as the Declaration of the House.

Mr. Glynn's Report:

At Grocers Hall, 10° Januarii, 1641.

Publishing Articles against Lord Kimbolton, &c.

THAT the publishing of several Articles, purporting a Form of Charge of High Treason against the Lord Kimbolton, One of the Members of the Lords House, Mr. Hollis, Sir Arthur Haselrigg, Mr. Pym, Mr. Hampden, and Mr. Strode, Members of the House of Commons, by Sir Wm. Killegree, Sir Wm. Fleming, and others, in the Inns of Court, and elsewhere, in the King's Name, was a high Breach of the Privileges of Parliament; a great Scandal to his Majesty, and his Government; a seditious Act, manifestly tending to the Subversion of the Peace of the Kingdom; and an Injury and Dishonour to the said Members, there being no legal Charge or Accusation against them.

That the Privileges of Parliament, and the Liberties of the Subject, so violated and broken, cannot be fully and sufficiently vindicated, unless his Majesty will be graciously pleased to discover the Names of those Persons, who advised his Majesty to issue out Warrants for the Sealing of the Chambers and Studies of the said Members; to send a Serjeant at Arms to the House of Commons to demand the said Members; to issue out several Warrants, under his Majesty's own Hand, to apprehend the said Members; his Majesty's coming thither in his own Royal Person; the Publishing of the said Articles, and printed Paper, in the Form of a Proclamation, against the said Members, in such manner as is before declared: To the end that such Persons may receive condign Punishment.

Resolved, upon the Question, That this Declaration shall pass, as the Declaration of the House.

Mr. Glyn, Mr. Whitlock, Mr. Serjeant Wilde, Mr. Grimston, Mr. Browne, are appointed to draw these Declarations now presented to the House, and voted here from the Committee at Guildhall, and Grocers Hall, into the Form of One Declaration, to the End that it may be forthwith published in Print.

Lieut. of the Tower.

A Message from the Lords, by Serjeant Glanvile, and Serjeant Whittfield;

The Lords sent them with this Message; That, according to the late Desire of this House, they had sent an Order to the Lieutenant of the Tower, for his Appearing before the Parliament: He returns this Answer: Which was read, in hac Verba;

The Lieutenant of the Tower returns this Answer; That he was very desirous to attend the House of Parliament according to the Order; but he conceived he could not come, without his Majesty's Leave first obtained; in respect he hath received a Warrant from his Majesty; a Copy whereof he hath sent unto their Lordships: Which was likewise delivered at this Message.

Resolved, upon the Question, That Sir Jo. Byron, the now Lieutenant of the Tower, hath committed a high Contempt against the Authority and Privileges of Parliament, in refusing to appear upon the Summons of both Houses of Parliament.

Resolved, upon the Question, That Sir John Byron, the now Lieutenant of the Tower, shall be forthwith sent for, as a Delinquent.

Sir Philip Stapilton carried up these Resolutions.

Forces, &c. for Munster.

Mr. Chancellor of the Exchequer reporteth from the Committee for Munster, of such Obstructions as have been in the Provision for Munster.

1. That the Arms, that was formerly ordered for that Service, were not delivered.

That two Members of this House spoke to the Lord Newporte concerning it: Who gave this Answer;

That he had spoken to his Majesty concerning the same, whom he found inclinable to deliver Arms; but did desire to be satisfied, that the Parliament would supply his Magazine again, with like Proportion, in convenient time.

That Two Regiments of Foot, and Three Troops of Horse, be raised.

That the List of the Officers be had.

That the Monies be paid to the Officers according to the Order.

That the Burgesses of Bristol be desired to write to Bristol, to have the Two Ships of War in readiness to transport the Men and Ammunition to Munster.

Sir F. Fortescue, &c.

Mr. Goodwin reports, That the Lord Lieutenant will, as soon as any Place falls out, take care of Sir Faithfull Fortescue: That he had delivered a List of his Officers to the Committee of this House in London: That, as soon as he makes Choice of any other Officers, he will likewise send a List: That he will take care the Protestation be taken by his Officers, and the Oaths of Allegiance and Supremacy: And that the Lord Keeper is ready to issue forth a Commission for that Purpose; but desireth of this House to know the Commissioners Names.

Arms, &c. for Ireland.

Ordered, That Mr. Secretary, and Mr. Chancellor of the Exchequer, do attend his Majesty To-morrow; and move him, from this House, to grant a general Warrant to the Master of the Ordnance, for the Delivery of such Arms and Ammunition, from time to time, as both Houses of Parliament shall think fit, for the Service of Ireland.

Seizing Saddles.

Joseph Lee, a Waterman, informed the House of some great Saddles that were going by Water to Kingston; whereupon the Serjeant was commanded to seize them, according to the Power of the former....given him.

Horse for Ireland.

Mr. Secretary, the Lord Faukland, informed the House, that his Majesty had signed a Warrant for the Transportation of One thousand Horse into Ireland.

Stay of Horses.

Ordered, That an Order be sent to the Justices of Peace next adjoining to Hampton Town, to require them, from this House, to make Stay of those Horses, that this House is informed are now in the Stable of one Mr. Robinson at Hampton, until this House shall take further Order.

Beseeching the King to return to Town.

Ordered, That the Proposition now made concerning the Moving of the Lords to join with this House, to beseech his Majesty to return to Town, the Occasions, at this Time, so much requiring his Presence, be taken into Consideration To-morrow at Ten a Clock: And Mr. Speaker is to put the House in mind hereof.

Search for Arms, &c.

Ordered, That Sir Jo. Franklyn, and Mr. Whittacre, do presently repair to the Lodgings of Sir James Hambleton; and to cause a Search to be made for Arms or Ammunition there; and to seize the same; and apprehend the Persons there, or in any other Place.

Footnotes

a [a] The Three following Reports are loose Papers, afterwards bound up in the Journal, and no Direction given where they should come in; but this seems to be the Place, as appears by the Order there immediately following.