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 Jovis, videlicet, 22 die Septembris.
Message from the H. C. with Instructions for a Standing Committee of Assistance.
1. To desire Concurrence in a Draught of Instructions, for the settling of a Standing Committee of Assistance, Members of both Houses, in the Army; and the House of Commons desires that a proportionable Number of Lords may be appointed.
E. of Essex Lord General of the Army.
L. Willoughby of Parham.
L. St. Johns.
Answer to the H. C.
That this House agrees with the House of Commons in the Instructions now brought up; and that this House hath appointed a Committee (fn. 1) of Twelve Lords.
Fanshaw, Deputy Auditor of the Dutchy, a Pass.
Ordered, That John Fanshaw, Esquire, Auditor of His Majesty's Revenue of the Dutchy for the North Parts, shall have a Warrant from this House, for his safe Passage into the North, without Searching or Molestation, being now going to attend the Business of His Majesty's Revenue there; and the Warrant to be granted him, or to his Deputies, and to be for his going and returning.
Lord Capell's Estate to be sequestered.
Ordered, That a Conference be with the House of Commons, to consider of some Course for the sequestering of the whole Estate of the Lord Capell, that so the Rents may not be employed against the Parliament.
Order for Lynn.
Duty on Goods to be applied to destroying Pirates.
Sir G. Strode to be brought in.
Next, (fn. 2) [was read] the Examination of Wm. Bushell, taken before Sir Nevill Poole. (Here enter it.)
Petition of the Derby Miners to the King, and His Answer.
Answer from the H. C. about the Ld. General's Instructions;
and about Gilmore, Savage, and Ley.
That they do agree with this House, in adding the Names of those Persons, in the Instructions to the Lord General, that are to be excepted. And concerning the Three Prisoners, as Gilmore, Savage, and Ley, (fn. 3) they have Cause enough against them to detain them longer in Prison, and they intend to provide some Maintenance for them.
L. Dunsmore's House in Surry to be secured from plundering.
Ordered, That an Order shall be issued forth, to the Deputy Lieutenants, Sheriff, and Justices of Peace, Constables, and all other His Majesty's Officers, of the County of Surrey, to secure the House of the Lord Dunsemore, in Surrey, from plundering and pillaging.
Mr. Freak, and Family, Leave to go to Holland.
Lady Hastings versus Mr. Poulton.
Countess Newport to fetch Furniture from The Tower.
Sir H. Bruce and Lady to go to Holland.
Lord Capell's Letter to Hide and Lad, to pay his Rents to the Marquis Hertford.
"I would have you deliver all such Sums of Monies as you receive, of my Manors in the West, for Rents and Fines, and usually you bring to Wrington, and thence to Haddam, unto such Persons as the Marquis Hertford shall send unto you for it, with an Acknowledgement under the Marquis Hertford's Hand for the Receipt of it; which Receipt, together with the shewing me this Letter, shall be a sufficient Discharge to you for it. I would not have you fail to do it.
"I have sent another Letter to you, which is Word for Word with this, because you may perceive I am careful that it may be done. Either of these Letters shall be sufficient, if they come to your Hands. I think it were fit One of you go along with the Money, when it is delivered to the Marquis.
Sir Ne. Poole's Letter to the Speaker of the H. C. with Bushell, and Letters found upon him.
"I have (fn. 4) sent, by the Bringers hereof, one William Bushell (apprehended by our Watch upon the ForstWay, as a suspicious Person); about whom, after much Search, and his-strong Denial of the having any Letters, &c. were found these Papers and Letters inclosed (tied under his Gartering-place), which I thought good, with his Examination taken before me, to present unto you, humbly desiring that he may be re-examined; for I found him very crafty and cautious, and do believe he will vary from what he confessed to me. His lodging in such blind and obscure Alehouses renders him (in my Opinion) the more of Suspicion; but I could draw him to no further Confession. I thought likewise to send a Copy of his Letter to my Lord of Bristoll, concerning the Money at Oxford, unto my Lord, who I hear is now there, to the End that, if any such Monies be there to be found, it may be stayed, and turned the right Way. And thus, presenting you with my choicest Respects, I take my Leave, resting
Letter to the Earl of Bristol, about getting Money from Two Colleges at Oxford.
"His Majesty's Wants, and the Necessities of these Times, inforces me to send this Messenger to your Honour, first to give you to understand, that I am confident that Al-soules College and Martin College will afford at least Ten Thousand Pounds in Jewels and Coin, all which will sleep until the End of the World if it be not awakened by the present Occasion. I humbly beseech your Honour to think of it; for, if you have it not, the adverse Party I fear will, and so the Loss double. In the next Place (a Thing Yesterday not thought of), Sir Charles Walgrave receiveth much Rents in Somersetshire, which will presently serve Sherborne Castle, and he re-paid elsewhere. This now ended with all Speed and Care, I am for Shurburne. God bless the King, and send Health and Honour to my much-honoured Lord of Bristoll.
Sir G. Strode's Letter to Mr. Bisse.
"I met this Bearer accidental, that assured me of your Health, and that you stand right to God's Cause, King and Country. We are here very well, and nothing daunted. My Service to our Father and Brother Parson; and, if we meet not here, we shall assuredly in Heaven. Vale.
"This Examinant saith, That, on Saturday last, being the 10th of this Month, he came from Wells, where he liveth, to Mr. Bourton's House, in Clutton, where he lay that Night, and from thence he went to Priors Cleeve, near Easom, in Worcestershire; but, being demanded whether he went from Clutton to the foresaid Priors-Cleeve in One Day, he answereth that he lay by the Way at a lone Alehouse, at Cocklesford; and being at Priors-Cleeve, understanding that the Miners of Derbyshire were freed from all Toll, Lot, Tithe, and Custom, hoping to have the same Privilege for the Miners of Mendipp, he went from thence to Derby, where the King's Majesty then was; but, finding so many Businesses in Agitation then, he did not prefer his Petition to His Majesty: And being demanded what he did there afterwards, he answereth, That he staid there One Day, and that on Wednesday Night he received these Two Letters from my Lord Capell, in my Lord of Bristoll's Chamber; and he faith, That he came out of Derby that Evening, intending to go to Lichfeilde, to Bed; and meeting a Scholar some Miles from Derby, accidentally upon the Way, fell in some Talk with him, who, among divers other Discourses, of the King's great Army, and His Wants of Money, told him, that, upon his Knowledge, the King might (fn. 5) have Ten Thousand Pounds, in Money and Jewels, from All-souls College and Martin's College, in Oxon. Whereupon this Examinant faith, That, on Thursday Morning following, he sent a Messenger of Purpose, with a Letter to my Lord of Bristoll, the Copy of which Letter is here inclosed, being transcribed by himself. He further saith, That, on Thursday Night, he lay at a Place called Burcott, not far from Bramsgrove, in Worcestershire, and on Friday Night at Andiversford in Glocestershire: And being further demanded concerning a loose Paper, writ as a Letter, he saith, he received it from Sir George Stroude, at Derby, to be delivered to Mr. Ed. Bisse, or Mr. Upton Bisse, in Somersettshire. And further than this he saith not.
Petition of poor Miners in Derby to the King.
"Whereas Your Majesty hath been graciously pleased, by Your late Declaration, to free Your poor Petitioners from Lot, Cope, and Custom of Lead-ore, which Your Petitioners in no respect desire to prejudice (being Your Majesty's ancient and undoubted Right); but so it is, may (fn. 5) it please Your most Gracious Majesty, that the greatest Grievance Your Petitioners have long undergone is, the exacting and taking of Tithes, Tenths, and customary Duties of Lead-ore, which (Your Petitioners are informed by Learned Counsel) is no due by Law: From this Oppression only, Your Petitioners most humbly desire to be freed, according to a Contract already made by Mr. Bushell, in Your Majesty's Name, to that Purpose, with the Countess of Devon's Agent.
"And Your poor Petitioners (in the Behalf of all the Miners) shall be most willing to attend Your (fn. 5) Majesty, with such a Number of able Men as may (fn. 5) be serviceable in this present Expedition at Nottingham, for Defence of Your Royal Person, according to Your Highness's Will and Pleasure. And Your Petitioners will ever pray for Your Sacred Majesty's happy and prosperous Reign, &c.
The King's Answer.
"Whereas, by the humble Petition of Our loyal and loving Subjects, the Miners of Our County of Derby, tendered to Us at Nottingham the last Day of August, 1642, and more at large by the Relation of Our Trusty and Well-beloved Servant, Tho. Bushell, Esquire, Farmer of Our Mines Royal, We have fully understood the distressed Estate of Our said Petitioners; and being graciously inclined to ease them, by Our Princely Indulgence and Favour, of any Pressure or Grievance, which doth or may lie heavy upon them, We do, therefore, by these Presents, authorize and command Our said Servant, Tho. Bushell, to perfect and accomplish the Contract by him made, in Our Name, with the Farmers of all or any of Our Tenths, Tithe, or other Customary Duties of Lead-ore, in that Our County of Derby, according to the Petitioners Desire, who shall, by virtue thereof, be fully and freely acquitted and discharged, they and their Heirs, both for the present and future, of all Tithes, Tenths, and Customary Duties aforesaid, whatsoever: And moreover, as a special Mark of Our Princely Goodness and Grace to Our said Loving Subjects the Miners, and Confidence in their Loyalty, We will and command, that they be henceforth free and exempt from pressing for the Wars, or any other Service by Water or by Land, either in or out of this Kingdom, for and in Consideration that We have and do accept and appoint them to be the Trained Band of Our Miners, for Our own Service; in which Quality, We will and command, that all such of them as shall come, in their own Persons, to list themselves, in this Our Town of Nottingham, by the 10th Day of this present September, or shall send an able Person in their Stead, to serve Us, in Defence of Our Royal Person, shall be duly inrolled, according to their several Names and Surnames; and from thenceforward they, and none other of the Miners, shall partake the Benefit hereof, and shall receive such Pay and Encouragement, during their actual Service, as by Our late Declaration is assigned unto them; promising, in the Word of a Prince, that We will look upon their Loyalty, Fidelity, and Readiness to accomplish Our Commands, with a greater Care of their Rights, Immunities, and Privileges, and shall maintain and protect them therein, beyond the Example of any Our Royal Predecessors."
Committee of Assistance of the Army of the H. C.
"Ordered, That the Members of this House, that have Employment in the Army under the Earl of Essex, shall be Committees, to meet with the Committee of the Lords, to sit upon Occasions with the Lord General, according to their Instructions."
Lords Committees to meet with them.
"Earl Essex Lord General, Earl Peterborough, Earl Stanford, Lord Wharton, Lord Hastings, Lord Willoughby of Parham, Lord St. John, Lord Hunsdon, Lord Kimbolton, Lord Brooke, Lord Newenham, Lord Roberts; and such Members of the House of Commons that have Employment in the Army under the said Earl of Essex, Lord General."
"Instructions for Robert Earl of Essex, Captain General of the Army for the Defence of the King and Parliament, and the Persons hereafter named, to be a Committee for his Assistance in the Army; that is to say, the Committee appointed by both Houses of Parliament touching the Affairs of the Army.
Instructions for the Lord General and Committee of Assistance of the Army.
"The said Committee, or any Four of them, whereof the said Rob't Earl of Essex to be One, shall have Power to meet together, at such Times and Places as they shall think fit, and to consult and advise touching such Matters that shall concern the Army as the said Earl of Essex should think convenient, and, from Time to Time, shall acquaint both Houses of Parliament with their Resolutions therein, that both Houses may further proceed thereupon as to them shall be thought convenient for the Public.
"They, or any Four of them, whereof the Earl of Essex to be One, shall have Power, and are hereby authorized, to advise and use all convenient and reasonable Means they can, to supply the Army with Money and other Necessaries; and, for that End and Purpose, are hereby authorized to take the Subscription of all Persons that shall give, lend, or advance, any Money, Plate, or other Provisions whatsoever, necessary for the Army; and shall give a Note unto all such Persons that so shall lend or advance, expressing the Nature and Particulars thereof; which Note, subscribed with the Hand of the said Earl of Essex, and any Three of the said Committee, whereof Two to be of the House of Commons, shall be sufficient Warrant for the Party, that shall so lend or advance, to receive the same again, with Interest after the Rate of Eight per Centum, out of such Money as shall be collected for the Affairs of this Kingdom; and both Houses do engage the Public Faith for the same.
"They, or any Four of them, whereof the Earl of Essex to be One, shall have Power, and are hereby authorized, to sit with the said Earl, and to examine all such Persons as shall be sent for, apprehended, and brought before them, by virtue of any Warrant sent and issued under the Hand of the Lord General; and shall have Power to continue them in safe Custody, send them up to the Parliament, or discharge them, as they shall think fit, and shall most tend to the Public Good."
Order for Manwaring to receive the Duty on Merchants Goods, to be applied to suppressing Turkish Pirates, &c.
"Whereas the Lord Mayor of London, and the Chamberlain, for the Time being (by an Act of Parliament, intituled, An Act for the Relief of the Captives taken by the Turkish, Moorish, and other Pirates, and to prevent the taking others in Time to come), and their Deputies, are constituted and appointed Collectors, for the collecting and receiving of One per Centum, granted by that Act to be paid by Merchants exporting or importing any Goods of Merchandize, into or out of this Kingdom, according to the Tenor of the said Act; and whereas Isaack Pennington, Esquire, now Lord Mayor of the said City of London, hath, under his Hand and Seal, nominated and appointed Randall Manwaring, Esquire, and such other Person or Persons as he, the said Randall Manwaring, shall substitute under him, his lawful Deputy and Deputies, to demand, collect, and receive the said Duty: It is this Day Ordered, by the Lords and Commons in Parliament, That the former Ordinance, dated the 16th of August last, made by both Houses, for the collecting the said Duty in the Out-ports, by Occasion of the Neglect of the late Lord Mayor, be from henceforth void; and that the said Randall Manwaringe, and his Deputies, shall, by virtue of the said Deputation, discharge that Office: And it is further Ordered, That Sir Richard Gurney, late Lord Mayor of the said City of London, his Deputy or Deputies, do deliver, or cause to be delivered, unto the now Lord Mayor, or his said Deputy, all such Bonds as he or they have taken of Merchants, for the Payment of the said Duty of One per Centum, together with the Copies of all such Books as concern the same: And it is lastly Ordered, That no Cockets, Warrants, or Bills of Store, or Bills of Sufferance, shall pass, in any Customhouse within this Kingdom of England, or Dominion of Wales, unless they be signed by the said Randolse Manwaringe, or his Deputies, the Merchants paying no Fee for the same."
Order for the Security of Kings Lynn.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Mayor for the Time being, and Aldermen, of Kings Lyn, in the County of Norffolk, shall have Power to assemble together, muster, train, and command, all the Trained Bands, and other Persons in that Town, able to bear Arms, and, by the Advice of the Common Council of that Town, 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 do cause the said Town to be fortified, and the Ordnance there to be mounted, and the said Town put in a Posture of Defence; and to raise strong Watches, by armed Men, to be set by Day and by Night, in such Places as are necessary and fitting; and that they do not permit any Soldiers to come into the said Town, without Authority of Parliament; and also that the said Mayor and Justices of the Peace in that Town do apprehend and commit to safe Custody, as well the Persons of such as (being Commissioners of Array) do put in Execution the said Commission, as also all such as do promote or endeavour to put the same Commission in Execution; and such Persons also as do send Money, Plate, or Arms, to His Majesty, for the Maintenance 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 (as often as Need shall require) do call in Aid of the Deputy Lieutenants appointed by Parliament, for the Counties of Norffolk and Cambridge, and, in their Absence, (fn. 6) of the Justices of the Peace, Captains, and all other His Majesty's Officers in those Counties, for the raising of such of the Trained Bands, and others, within those Hundreds nearest adjoining to the said Town, to assist the said Mayor and Aldermen, in Defence and Preservation of the said Town; and that the said Mayor, and all other Officers that have Admiral Jurisdiction in the said Town and the Liberties thereof (in case any Enemy come to the said Town by Sea or by Land, or any Hostility be used against the said Town) do command all Ships, and other Vessels, within the said Town and Liberties thereof, to be employed in Aid as the said Mayor shall direct, for the Safety and Preservation of the said Town."