Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ videlicet, 15 die Augusti.
Orders, &c. from the H. C. for the Lords Concurrence.
Message from the H. C. with Instructions to be sent to Gloucester, Ipswich, and Coventry.
Kirk to attend the Committee of Safety, for conveying away Arms.
It is Ordered, That the said Kirke shall have Notice to appear, before the Lords Committees for the Defence of the Kingdom, this Afternoon, who are to examine this Business, and report the same to this House.
Delinquents sent for, for pulling down the Pales of Hanworth Park.
The Petition of Cowes, &c. Servants to the Lord Cottington, complaining, "That divers Persons lately attempted to pull down the Pales of Hanworth Park, and came with Guns and Swords, in a riotous Manner;" and the Names of divers of the Rioters were read, and averred upon Oath by Laurance Squibb.
Ordered, That John Wright, Ricd. Wickes, John Grover, Tho. Cooper, Wm. Smyth, and Thomas Barnett, shall be sent for, as Delinquents; and all Justices of the Peace to be aiding and assisting in apprehending them, and to be careful to prevent and suppress all Riots and Tumults hereafter.
Sir Jo. Sackvile apprehended in Kent.
The Lord General reported to this House, "That there is one Sir Jo. Sackvill apprehended in Kent, and is in Examination; likewise that the Arms of the Earl of Dorsett, which were at Knollehouse, are brought to Town, to be kept from being made Use of against the Parliament."
E. of Dorset's Arms seized.
Hereupon this House Ordered, That such as are rich Arms shall not be made use of, but kept safely for the Earl of Dorsett; but such as are fit to be made use (fn. 1) of for the Service of the Kingdom are to be employed; an Inventory to be taken, and Money to be given to the Earl of Dorsett in Satisfaction thereof.
Copley, E. of Mulgrave's Servant, Privilege.
Dr. Aylett to be taken into Custody.
Committee to consider of Letters from Hamburgh.
Ordered, The Earl Bollingbrooke, Lord Viscount Say & Seale, Lord Grey, Lord Newnham, shall meet with a Committee of the House of Commons, to take into Consideration the Letters received from The States of Hamburgh.
Message to the H. C. that the Lords agree to the Custom-house Orders, &c.
To let the House of Commons know, that this House agrees with the House of Commons, in the Four Orders concerning the Custom-house, and the Order concerning the Adjournment of the Assizes of Surrey; and to deliver unto them the Instructions, with the Amendments and Alterations, which this House agrees unto; and also to let them (fn. 2) know, that this House hath appointed a Committee of Four Lords, to take into Consideration the Letters sent from The States of Hamburgh.
Sir Thomas Dawes, and other Collectors of Customs, to pay Over-money in their Hands to Commissioners.
"Whereas there hath been deposited, by divers Merchants, several Sums of Money, into the Hands of Sir Thomas Dawes, His Majesty's Collector in the Port of London Inwards, or his Deputy, and others, since the First Day of July, unto the Fifth of August present, by reason of the Act of Tonnage and Poundage being not passed, and no other Order for the Manner of Payment thereof: And the Lords and Commons assembled in Parliament having since thought fit to direct, by Ordinance, how and in what Manner the said Tonnage and Poundage shall be collected, and therein appointed the same Commissioners or Collectors, who formerly received the Duties, to take Charge thereof, and do expect that they be accomptable for the same, from the First of July last, being the Time of Determination of the former Act: It is therefore Ordered, by the said Lords and Commons, That the said Sir Tho. Dawes, his Deputy, and all others, do pay over unto the said Commissioners all such Sums of Money as have been deposited into the Hands of any of them, by any Merchant, within the Time aforesaid; and this, together with the Receipt of the said Commissioners, or any One of them, shall be a sufficient Discharge, at all Times, unto the said Sir Thomas Dawes: And it is hereby further Ordered, That the said Com . . . . . . . . . do make Allowance of Fifteen per Centum unto all such Merchants as require the same, upon perfecting his or . . . . . Accompt for Goods exported and imported, from the First of July last, unto the Time of the publishing of the Ordinance of Parliament, being the Fifth of August last, and make Re-payment of all Monies deposited, which shall be required back, or happen to be paid over and above the Custom or Duty intended to be paid by the Ordinance afore said, and so to make up their Accompts accordingly."
Commissioners of the Customs to pay Money to the Committee for the Navy;
"Whereas there doth remain, in the Hands of the Collectors and Commissioners of the Customs, several Sums of Money, by them received upon the several Bills of Tonnage and Poundage, from the 25th Day of May, 1641, unto the First Day of July last past; and whereas likewise there are divers other Sums of Money due, by Bonds and otherwise, from several Merchants, for Customs, within the Time aforesaid, all remaining in the Hands of the said Collectors; all which Monies will be requisite, towards the Satisfaction of several great Sums of Money due, by the Public Faith of both Houses of Parliament, for the setting forth of several Fleets of Ships to the Seas for this Summer's Expedition, and other Charges of the Navy: It is therefore Ordered, by the Lords and Commons in Parliament, That the said Commissioners and Collectors do, from Time to Time, issue, out of the said Receipts and Debts, all such Sums of Money as they shall be appointed to pay, by Order of the Committee of the Navy of the Commons House of Parliament, for the Uses aforesaid, whose Orders, from Time to Time, shall be their sufficient Discharge: And the and Commons do Declare, That whatsoever Monies they, the said Commissioners and Collectors, do issue out by virtue of this Ordinance, they, their Heirs, Executors, and Administrators, shall be acquitted, discharged, and kept harmless, from any other or further Question or Accompt whatsoever, than to the said Lords and Commons."
"Die Lunæ, (fn. 3) 15 Augusti, 1642.
and for the Forts, &c.
"It is Ordered, by the Lords and Commons in Parliament, That the Committee appointed by the House of Commons for the Navy shall have Power to give Allowance unto the Collectors and Commissioners of the Customs, for the issuing out of Monies advanced on the Customs, for the Satisfaction of the Yearly Pensions and Payments due unto all such Forts, Castles, and Piers, as have heretofore been usually paid out of the Customs; which Committee shall have further Power to give Allowance unto the several Officers attending the Service of the Customs such Yearly Payments as have been formerly accustomed, together with any other necessary Charges for the Advancement of that Service, and in and about the same, as they shall think sit; and that the Orders of the said Committee, unto the Commissioners and Collectors of the Customs, for the Payment of all such Monies, shall be unto them a sufficient Warrant and Discharge: It is further Ordered, That, if any Differences shall hereafter happen, between the Merchants and Officers of the Customs respectively, in any Cases that concerns the Customs, the said Committees shall have Power to hear and determine all such Differences, and to do any other Thing for the Advancement and Good of Trade, or otherwise make Report thereof to the House of Commons; and, for the better clearing of any Doubts which may hereafter arise, between the Merchants and Officers, touching any Thing comprehended in those Twenty-six Orders printed with the Book of Rates, the Lords and Commons do Order, That the said Book of Rates, together with the Directions and Allowances expressed in those Orders, shall be in all Things observed and followed, by the Officers of the Customs respectively, for the Advancement of Trade, and Encouragement of Merchants."
Order for executing the Propositions for raising Horse, &c. in Ipswich.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Bailiffs of the Town of Ipswich, and the Portmen of the said Town, Richard Fisher, Manuell Sorrell, Peter Fisher, and Robt. Dunken, or any Two or more of them, shall have Authority to assemble and call together all such Persons as they shall think fit, within the Town of Ipswich, in the County of, at such convenient Times and Places as they shall appoint, and shall tender unto them the Propositions of both Houses of Parliament, concerning the raising of Horse, Horsemen, and Arms, for the Defence of the King and both Houses of Parliament, and shall receive their Subscriptions, according to the said Propositions; and they, or any Two or more of them, shall have Authority to nominate and appoint such other Persons, within the said Town, as they shall think fit, to assemble and call together every Person of Ability, or to repair to their several Houses or Dwellings, and take their Subscriptions, according to the said Propositions, and shall return the said Subscriptions unto such Persons who shall be appointed Receivers of the said Town, who shall, from Time to Time, certify the Sums, Values, or Propositions of such Subscriptions, to the Treasurers of London, nominated in the said Propositions; and shall have Power to name Receivers, and to do all other Things that the Deputy Lieutenants, or any of them, are appointed or have Authority to do, by the said Propositions, Instructions, or Additions concerning the said Propositions, in as full and ample Manner as if every Particular thereof had been expressed in this Order; and the said Receivers, and other Persons appointed by them for this Service, shall have as full Power to execute their Directions as if they had been appointed by the Deputy Lieutenants of the said County: And it is further Ordered, That the Persons abovenamed, or any Two or more of them, do signify to their Town, that, out of their own Money, there shall be Allowance made for Horse, Arms, and Officers, if they will voluntarily raise any Horse for the Defence of that Town."
"Instructions, by the Lords and Commons in Parliament, for John Hales, Isack Bromewich, Esquire, John Barker, Alderman, Thomas Basnott, Alderman, Robert Phippes, Gentleman, appointed to take Care of the Peace and Safety of the City of Coventry.
Instructions for Coventry.
"You are required and authorized to exercise and train all the Trained Bands and Voluntiers in the City and County of Coventry, and shall lead and conduct them against all Forces that attempt to seize upon that City, or to disturb the Peace of it; and you are authorized to fight with all such Persons, to kill and slay them, and by all Means to defend your City from all hostile Attempts there.
"You are likewise authorized to disarm all Popish Recusants, and all other dangerous and ill-affected Persons, who have opposed the Orders and Proceedings of Parliament, or endeavoured to oppress the People, by the Commission of Array, or otherwise."
Order against Merchants making false Entries, and for them to advance Money by Loan.
"Whereas some Merchants, against the Laws and Statutes of this Kingdom, have made Entries of their Goods in the Custom-house in the Names of other Persons, who are either unknown or insolvent; and others of mean Condition have, against the said Laws and Statutes, presumed to make Entry of other Men's Goods in their own Names, to the Intent to defraud the Commonwealth: It is therefore Ordered, by the Lords and Commons in Parliament, That, if any Merchant, or other, shall, at any Time hereafter, make Entry of any Goods, to be exported or im ported, and shall not advance Monies, by Way of Loan, according to a former Ordinance of this Parliament; the Officers of the Customs respectively shall not permit such Person or Persons to lade or unlade such Goods and Merchandize, but shall make Stay thereof until he or they shall give Security to pay all such Duties for the same as shall be hereafter appointed to be paid for such Goods by Act of Parliament; and for their so doing, this present Ordinance shall be their sufficient Warrant and Discharge."
Order for Indemnity for St. Albans Voluntiers.
"Whereas divers well-affected Persons, of the Town of St. Albanes, and the Towns adjacent, in the County of Hertford, do desire to train and exercise themselves in the Use of their Arms, under the Conduct and Leading of Mr. Alban Coxe for the Horse, and Mr. John Marshe for the Foot, the better to enable and prepare themselves for the Service and Defence of His Majesty and the Kingdom, when they shall be lawfully called thereunto: The Lords and Commons, taking the same into Consideration, do Order, That all such Inhabitants of the said Town of St. Albans, and the Towns adjacent, as shall desire and willingly submit to be trained and exercised in the Use of their Arms, may, from Time to Time hereafter, in a peaceable and orderly Way, under the Leading of the said Mr. Alban Coxe for the Horse, and Mr. John Marshe for the Foot, assemble themselves in Companies, to train and learn and exercise themselves in the Use of their Arms, and Order of Marching, at such convenient Times, and in such Places in or about the said Town of St. Albans, and Towns adjacent, as shall be by them thought fit for that Purpose, until other Order shall be herein taken by both Houses of Parliament; and that they shall be saved harmless for so doing, by the Authority of both Houses of Parliament; and that the Mayor, Justices of the Peace, and Aldermen of the said Town, and all others that shall encourage and assist the said Persons in their training and exercising aforesaid, shall be held by both Houses of Parliament to do a very acceptable Service therein, and shall have the Authority of both Houses of Parliament for their Indemnity in so doing; and the Mayor, Justices of Peace, and Aldermen aforesaid, are hereby required to take special Care, for the safe guarding of the said Town, and preserving the Magazine therein; and the said Mr. Alban Coxe, Mr. John Marshe, and the said Voluntiers, to be aiding and assisting unto them therein, upon all Occasions."
Order concerning the Adjournment of the Assizes, from Kingston to Darking.
"Upon Mr. White's Report from the Committee appointed to consider of the Adjournment of the Assizes from Kingston, in the County of Surry, to Darking, in the said County; it is Resolved, upon the Question, That
|Esquires, Justices of Peace for the said County,|
or any Two of them, in the Presence, and with the Assistance, of the Clerk of the Assizes, do take Bail de novo of all Persons that are to appear at the Assizes upon Bail, and de novo to bind over all Persons and Witnesses that are bound by Recognizance to appear at the next Assizes to be held for the said County, and to do then as by their Recognizances they were to have done at this Assizes: This to be done at Darking the 16th of this August, to which Day the Assizes were adjourned."
Gloucester Deputy Lieutenants.
"Instructions agreed upon by the Lords and Commons in Parliament, for Sir Humphrey Tracy, Baronet, Sir Robert Poyntz, Knight, Sir Robt. Tracy, Knight, Sir John Seamour, Knight, Sir Robert Cooke, Knight, Sir Wm. Masters, Knight, Richard Berkely, Henry Poole, John Dutton, Thomas Chester, William Guyse, Nathaniell Stephens, William Leigh, John Cotherington, Edward Stephens, Thomas Veale, William Stratford, William Try, John Stephens, Thomas Hodges, Thomas Morgan, John Fettiplace, Walter Bourchier, and John George, Esquires, Deputy Lieutenants of the County of Gloucester; and for the Mayor and Recorder of the City of Gloucester for the Time being, George Bridgman, Silvanus Wood, Esquires, Thomas Pary, William Knighton, and William Caple, Aldermen, Deputy Lieutenants of the City of Gloucester, and County of the said City, for the Preservation of the said several Counties and City of Gloucester.
Instructions for them.
"Whereas it doth appear to the Lords and Commons now assembled in Parliament, That the King, seduced by wicked Counsel, hath raised War against His Parliament, and other His good Subjects, and hath drawn together great Troops of Papists and ill-affected Persons, and sent out Commissions for the levying of others, to the great Hazard of Religion, and the Public Peace of the Kingdom: You shall therefore take special Care, that the Ordinance concerning the Militia be forthwith put in Execution, through the said County of Glouc. and the said City of Glouc. and County thereof; and the Sheriffs, and all other Officers and Subjects of both Counties and City aforesaid, are hereby respectively enjoined to assist you, and every of you, therein; and, if any Person whatsoever shall levy, or endeavour to levy, or billet any Soldiers, or to draw or keep together the Trained Bands, or other armed Forces, of the said several Counties and City aforesaid, or any other Forces, by Colour or Pretence of any Commission or Warrant from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament, you are to make known to the Trained Bands, and other Inhabitants, of the said several Counties and City aforesaid, that those who shall appear upon any such Warrant, or obey any such Commission, shall be held Disturbers of the Public Peace; and those who shall not appear upon any such Warrant or Commission, nor do any Thing in Execution thereof, shall be protected by both Houses of Parliament; and you, and every of you, shall, in the Name and by the Authority of both Houses of Parliament, require and command all Persons to forbear the Execution of such Commission or Warrant, and the same to be delivered up to you, or any of you, to be sent to the Speaker of the House of Commons; and you, and every of you, Deputy Lieutenants, are hereby required to draw together such of the Trained Bands, and other Forces, of the said City of Glouc' and several Counties aforesaid, as shall be expedient, for the suppressing of all such Assemblies, and for the apprehending of all or any Person or Persons as shall, after Admonition and Command by you, or any of you, made unto them, to forbear the Execution of any such Commission or Warrant, or the calling or gathering or keeping together of any such Forces or Assemblies, still persist in doing the same, and likewise such as shall bear Arms by Colour of any Warrant or Commission from His Majesty, under the Great Seal, or otherwise, without Order or Consent of both Houses of Parliament, and also such disaffected Persons as shall be found raising any Parties or Factions against the Parliament, to be sent up hither, to answer such their Offences, as to Law and Justice shall appertain; and you, and every of you, the abovesaid Members of the House of Commons, shall, in the Name of the Lords and Commons, require and command the several Sheriffs of the said Counties, to publish throughout the said City, and several Counties aforesaid, the Declarations commanded to be published by both Houses of Parliament.
"2. You are required to suppress all Persons whatsoever, who shall levy any Soldiers, or draw together any of the Trained Bands, by Colour or Pretence of any Commission from His Majesty, under the Great Seal, or otherwise; and you shall seize upon all Horses, Arms, Ammunition, Money, Plate, or other Provision whatsover, raised or provided, under Pretence of His Majesty's Service, for the fomenting or maintaining any such unnatural and unlawful War against His People.
"3. You shall observe and execute the Ordinance of both Houses of Parliament of the 8th of this Month, for the Suppression of the Rebellion and Commotion raised by the Marquis of Hartford, in the County of Som's't, and other Western Counties, and by the Earl of Northampton and others, in the Counties of Leicester, Northampton, Warwicke, and other adjoining Parts, and of any other Rebellion and Commotion raised, or that shall be raised, by any other Person or Persons, within the said County of Glouc', and within the said City of Glouc'r and County thereof.
"4. You shall conduct and lead all such Forces of Horse and Foot as shall be appointed by the Lord General, the Earl of Essex, for this Service; and shall fight with, kill, and slay, all such as shall by Force oppose you in the Execution of that Ordinance, and all other Assistants, Aiders, and Abettors; and you shall levy such other Forces of Horse and Foot as his Excellency shall, by his Commission, give you Power to levy, under such Colonels, Commanders, and other Officers, as shall be by him appointed or directed; and you shall pursue the said Rebels and Traitors, in the said Counties, or in any other Counties or Places of the Kingdom into which they shall retire themselves; all which Forces, so to be raised, shall have the same Pay as the rest of the Army is to have; and you shall defend and protect His Majesty's Subjects from Violence and Oppression, by the illegal Commission of Array, or otherwise; and you shall hinder and forbid the Execution of that illegal Commission, and in all Places, to the uttermost of your Power, endeavour to preserve and restore the Peace of the Kingdom.
"6. You are hereby authorized and required to disarm all Popish Recusants, and all such other dangerous and ill-affected Persons, as well Clergymen as others, as have testified, or shall testify, their ill Disposition to the Peace of the Kingdom.
"7. You, and every of you, shall further take Care, that such Resolutions and Orders of both Houses as have been, or shall be, delivered or sent down unto you, or any of you, be put in Execution; and shall require the several Sheriffs and Justices of the Peace, and all other His Majesty's Officers and Subjects, of the said several Counties and City aforesaid, to be aiding and assisting unto you, and every of you, for that Purpose: You shall declare unto all Men, That it hath ever been, and still shall be the Care and Endeavour of the Parliament, to provide for His Majesty's Safety; and that they do not, nor ever did, know of any Evil intended to His Majesty's Person, which might move Him to require any extraordinary Guard; that His greatest Safety is in the Affection and Fidelity of His Subjects, and in the Advice and Counsel of His Parliament; and His greatest Danger in withdrawing Himself from them; so that, under Colour of doing Him Service, disaffected and malignant Persons, obnoxious to Justice for their great Enormities, have raised Forces, which they labour to increase, to the Disturbance and Hazard of the Kingdom.
"8. You, the said Members of the House of Commons, and every of you, shall endeavour to clear the Proceedings of Parliament from all Imputations and Aspersions, and shall, from Time to Time, certify us of all Things which you conceive necessary for the present Service: And that we may have a speedy Account of it, and that our Directions to you, as well as your Advertisements to us, may have clear and ready Passage, you, and every of you, shall lay a strict Charge upon all Post-masters and Messengers, that they do not suffer any Letters, or other Dispatches, to or from the Parliament, to be intercepted or stayed; and, if any shall presume to make such Stay of their Dispatches, you, and every of you, shall direct the Post-masters and Messengers to repair to the Justices of the Peace, and Constables, and all other Officers, for their Aid and Assistance who are hereby required to take special Care that there may be no such Interruption.
"9. You, and every of you, shall take Care, that none of the Recusants Arms, or other Ammunition, of the said County of Glouc', and the said City of Glouc' and County thereof, shall be carried or taken out of the said City, and several Counties aforesaid, upon any Pretence or Command whatsoever, without Warrant from both Houses of Parliament; and you, and every of you, shall give Order and Directions to the several Sheriffs of the said Counties respectively, Justices of Peace, and other Officers, to require and command all Popish Recusants, in the said City, and several Counties aforesaid, to confine themselves to their Dwellings, according to the Statute in that Case provided; and, if any such Recusant shall be found to transgress therein, you, and every of you, shall cause the Justices of the Peace forthwith to bind them to their good Behaviour, and, upon Refusal or Neglect to give Security accordingly, to commit them to Prison, and further to proceed against them according to the Law.
"10. You shall also, in the Name of both Houses of Parliament, require all such Persons who have in their Custody any Part of the Public Magazine of the said County of Glouc'r, and City of Glouc'r and County thereof, to deliver the same to you, or some of you, to be disposed of and employed for the Defence of the said City and several Counties aforesaid; and, in case of Refusal, you are hereby authorized to seize, take, and carry away, and dispose of the same, for the Purposes aforesaid.
"11. And you, and every of you, are likewise to give Charge, from both Houses of Parliament, to all Captains, Lieutenants, and other Officers for the Militia, that they be observant to such Directions as they shall from Time to Time receive from the Lord Lieutenant of the said County of Glouc'r, and the said City of Glouc'r and County thereof, or his Deputies, or any of them, for the due Performance of any the Commands of the said Houses.
"12. You, and every of you, shall resist and repel, and are hereby authorized to resist and repel, by the Power of the said County of Glouc'r, and City of Glouc'r and County thereof, and by all other Ways and Means, all such Force and Violence as shall be raised or brought, by any Person or Persons, to the Hindrance or Disturbance of this present Service, or for the arresting or seizing of the Persons of you, or any of you, or of any others which shall be employed in the Performance of the Ordinances, Instructions, and Commands of both Houses of Parliament, for any Thing done in the Execution thereof; and the several Sheriffs, and Justices of Peace, of the said County and City of Glouc'r, respectively, and all other Officers and Subjects, are hereby enjoined to be aiding and assisting to you, and every of you, for the better and more speedy Execution of the Premises.
"13. You, and every of you, shall hereby, with the Consent of Two of the Members of the House of Commons abovenamed, have Power and Authority to fortify the City of Glouc'r, or any Part thereof, or any other Place in the said City and County thereof, or any other Part or Place in the said County of Glouc'r, in such Manner and Sort as you, or any of you, with the Consent of Two of the Members of the House of Commons aforenamed, shall think fit, for the Safety of the said City, and the said several Counties; and, for the more Security of the same, shall set such several Guards and Forces, in all such Places and Towns in the said several Counties, as you, or any of you, with the Consent of any Two of the said Members of the House of Commons, shall think it requisite; and to watch and ward the Beacons within the several Counties aforesaid, and them to guard and fire as Occasion shall require.
"14. You shall observe and execute all such further Directions and Instructions as you shall from Time to Time receive from both Houses of Parliament as likewise such Instructions and Directions as you shall from Time to Time receive from the Committee of the Lords and Commons appointed to take Care of the Safety of the Kingdom; and whatsoever you shall do therein, or any other Person in Aid or Assistance of you, it shall be accepted as a good and necessary Service to the Kingdom; and, for their and your so doing, they and you shall be defended and protected by the Authority of Parliament; and this Resolution of the Lords and Commons, to protect those that shall obey and further their Commands, you shall publish and declare, upon all Occasions, for the better Encouragement of the Subjects of this Kingdom in that Behalf.
"15. You, and every of you, shall take Care to put in Execution the Propositions and Orders made by the Lords and Commons now assembled in Parliament, for bringing in of Money or Plate, to maintain Horse, Horsemen, and Arms, for the Preservation of the Public Peace, and for the Defence of the King and both Houses of Parliament, as also other Instructions and Additions for Deputy Lieutenants which are Members of the House of Commons, and other Lieutenants of several Counties, concerning the last Propositions, according to a Declaration of the said Lords and Commons made thereupon."