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 Mercurii, 16 die Novembris.
Lord Grey de Warke, Speaker.
Late Commissioners of Ecclesiastical Causes, Petition for Flower's Suit in the Common Pleas against them, to be stayed.
Upon reading the Petition of Sir Nathaniell Brent, and divers of His Majesty's late Commissioners for Causes Ecclesiastical; shewing, "That one Flower, having declared against some of the Petitioners in the Court of Common Pleas, hath since that obtained a Rule, that they should answer the First Court Day of this Term; desiring that all Proceedings upon the said Suit shall stay until the Lords Committees shall have convenient Time to consider of the said Petition formerly presented to this House, and to determine thereof."
Ordered, That the Judges of the Court of Common Pleas shall stay the Proceedings of this Cause the next Term, until the Committee shall hear the Cause.
Vaughan and Crewell, for searching the Duke De Vendosme's House without Warrant.
The Two Pursuivants, that broke into the Duke of Vendosme's House, and searched it, and used him uncivilly, were called to the Bar; and being demanded to produce the Warrant by which they did it, (fn. 1) they produced Two Warrants, One for intercepting Plate and Money, and other Provisions, that shall be sent to Yorke; and another Warrant, under the Speaker's Hand of the Committee for the Safety, to search the House of the Duke of Richmond.
Committed to The Fleet.
But the House being satisfied that they had no Order to search the Duke of Vendosme's House, and that they did it in Contempt of a Warrant of Protection from this House, shewed unto them; and they carrying themselves insolently and saucily at this Bar; this House Ordered, That they shall be committed to The Fleet, until the Pleasure of this House be further known; and for the Business itself, this House will take it into Consideration hereafter.
Message from the H. C. for the Lords to concur in the following Orders, &c.
A Message was brought from the House of Commons, by Sir Henry Mildmay, Knight; which consisted of many Particulars, wherein they desired their Lordships Concurrence; which were read, as followeth:
Answer to the King's Letter about the Treaty.
"1. An Answer to the King's Letter concerning the "Treaty, (fn. 2) drawn up by the Committee for the Safety."
(Here enter it.)
Ordered, This House agrees to it, with this Addition ["And immediately upon the Receipt thereof that very Morning"].
"2. An Order for the more Safety and Security of the City of London:
Order for Sheds about London Wall to be pulled down.
"It is thought fit, and so Ordered, by the Lords and Commons in Parliament, That the Committee for the Militia of London shall forthwith take Care, and have Direction, that all and every the Sheds, on the Outside of the Walls of the said City, adjoining to the same, be speedily pulled down and demolished."
Ordered, To be referred to the Lord Mayor and the Sheriffs of London, to survey the said Sheds, and consider of them, and do what they conceive fit for the Safety of the said City.
No Carriages or Horses to come into The Tower, but the Lieutenant's.
"3. Ordered, That the Lieutenant of The Tower of London do take Care that no Horses of any Persons whatsoever be kept within the said Tower, other than the Horses of the said Lieutenant, for his own Use; and that no Coaches, other than of the said Lieutenant's, be permitted to come within the said Tower."
Servants of the Prisoners not to speak with any but their Masters.
"4. Ordered, That the Servants of all and every of the Prisoners in The Tower of London be not permitted to speak with any Person whatsoever, other than the Persons upon whom they do attend, but in the Presence of the Lieutenant of the said Tower, or of such Warders or Keepers that the said Lieutenant shall appoint; neither shall be permitted to go out or return into the said Tower, or have the Liberty of the said Tower."
Order for Ten Gunners to be put into The Tower, and Ammunition.
"5. Ordered, That Ten Gunners be forthwith put into The Tower; and that the Officers of the Store do deliver such Powder and Ammunition unto them as the Lieutenant of The Tower shall from Time to Time appoint; and likewise that they have at all Times free Passage unto the Top of The White Tower, where the great Guns are mounted; and that Sir Gib't Gerrard, Treasurer for the Army, do issue out such Sums of Money, for the Payment of the Wages of the said Gunners, as the Committee for The Tower shall from Time to Time appoint; and that the Committee for the Safety of the Kingdom do grant their Warrant to the said Sir Gib't Gherrard, to issue such Monies accordingly."
Mrs. Sherborne removed out of The Tower;
"6. Ordered, That Mrs. Sherborne, who hath a House in The Tower, having Two Sons usually living with her, (fn. 3) who are now with the King in the Wars against the Parliament, and are all Persons very ill affected to the Peace of the Kingdom, That the said Mrs. Sherborne and her Family be removed out of The Tower; and that such Officers as are destitute of Lodgings there (fn. 3) be put therein by the Lieutenant, as he shall think fit and convenient."
and Mrs. March.
"7. Ordered, That Mrs. March, Wife to Captain March, who is now with the King, be likewise removed out of The Tower; and such Officers as are destitute of Lodgings there be put therein by the Lieutenant, as he shall think fit and convenient."
Peter Bold not to come into The Tower.
"8. Ordered, That the Lieutenant of The Tower, and other the Officers there, be required not to suffer Peter Bold, Servant to the Countess of Bath, to come into The Tower."
Deputy Lieutenants of Kent.
"9. That Sir Ric'd Hardes, Knight, Mr. Edward Boyse of Betts Hanger, Mr. Tho. Blechenden, may be Deputy Lieutenants of the County of Kente."
Capt. Price and others committed to Gloucester Gaol.
"10. It is this Day Ordered, by the Lords and Commons House in Parliament, That Captain Charles Price, with the Six other Gentlemen sent as Prisoners by the Earl of Stamford to Gloucester, be committed to the Prison of Glocester, there to remain as Prisoners during the Pleasure of the Houses."
Deputy Lieutenants of Surrey.
"11. That Sir Tho. Holmeden, Sir Jo. Maynard, Edmond Jordaine, Rob't Holeman, Esquire, shall be added, to be Deputy Lieutenants for the County of Surrey."
Proposition-money to be borrowed, for Maintenance of the Soldiers there.
"12. Ordered, That some of the Propositionmonies for the County of Surrey be borrowed, for the present Maintenance of the Soldiers, and re-paid by the County so soon as it can be collected; and that it be left to the Deputy Lieutenants, to appoint a Treasurer for this Purpose."
Mr. Mitchell to have Twenty Pounds Contribution-money.
"13. It is this Day Ordered, by the Lords and Commons, That Sir Rob't Pye and Mr. Wheeler, Treasurers for the Contribution-money at Westm. do forthwith pay unto Mr. Mitchell, a Minister well deserving, lately come out of Ireland, being undone, and deprived of all his Means there by the Rebels, the Sum of Twenty Pounds, out of the said Contribution-money, for his present Relief; and that an Acquittance under the said Mr. Michell's Hand, or his Assign, shall be a sufficient Discharge to the said Treasurers."
Three Hundred Pounds, Proposition-money, for fortifying Taunton.
"14. It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Receivers of the Monies that are come in upon the Propositions, in the Town of Tawnton, in Som'settshire, do detain in their Hands Three Hundred Pounds, to be disposed of in fortifying that Town; and that as for such as have collected it, and the Proposition-monies in these Parts, they shall be considered, upon the giving in of their Accompt."
The Answer returned was:
Answer to the H. C.
That this House will send an Answer, concerning the Answer to the King's Message; and to the Order for pulling down the Sheds adjoining to the Walls of London, this House will send an Answer, by Messengers of their own; and that this House agrees with the House of Commons in all the rest of the Orders now brought up.
Message to the H. C. with the Answer to the King's last Message, and about pulling down the Sheds against London Wall.
A Message was sent to the House of Commons, by Serjeant Whitfeild and Serjeant Glanvile:
To return to the House of Commons the Answer to the King's last Message, with the Amendment, and desire their Concurrence therein; and to let them know, that this House hath thought it fit to refer the Order (fn. 4) for pulling down of the Sheds joined upon London (fn. 4) Wall, to the Consideration of the Mayor and Sheriffs of London, to do therein as shall be best for the Safety of the City, and desire them to join herein.
Sir R. Carr's Tenants sent for, for not paying their Rents to his Lady.
Upon reading an Affidavit, "That the Tenants of Sir Rob't Carr do refuse to pay the Rents to the Lady Carr, according to an Order of this House:" It is Ordered, That the said Tenants so refusing shall be sent for, as Delinquents.
Ordered, That the Answer shall be sent to the King, by Sir Peter Killegrew, to be inclosed in a Letter to the Lord Viscount Falkland, as followeth:
Letter to Ld. Falkland, with the Parliament's Answer to the King's Message.
"You are desired, by my Lords the Peers assembled in Parliament, to present unto His Majesty this humble Answer of both Houses of Parliament unto His last Message, of the 12th of this Instant November. Thus I rest,
"Your Lordship's affectionate Servant,
"Grey de Warke, Speaker."
Jones and Butler to repay 180 £. to the Countess of Westmorland.
Ordered, That Jones and Butler shall re-pay the One Hundred and Sixty Pounds in Gold, and Twenty Pounds in Silver, to the Countess of Westm which was taken from her by them.
The Messengers return this Answer from the House of Commons:
Answer from the H. C.
That they agree to the Amendment in the Answer to the King's Message, and desire it may be sent away speedily to the King; and concerning the Order for pulling down the Sheds about the City, they will send an Answer by Messengers of their own.
Countess of Westmorland Leave to see her Husband in The Tower.
Ordered, That the Countess of Westm. shall have Liberty to go into The Tower, to see her Husband, in a Sedan.
Parliament's Answer to the King's Message.
"To Your Majesty's Message of the 12th of this Month of November, we, the Lords and Commons in Parliament, do make this humble Answer: That this Message was not delivered to us till Monday the 14th. We thought it a strange Induction to Peace, that Your Majesty should send Your Army to beat us out of our Quarters at Brainford, and then appoint that Place to receive our Propositions, which yet it plainly appears Your Majesty intended not to receive till You had first tried whether You could break through the Army for Defence of this Kingdom and Parliament, and take the City, being unprovided, and secure in Expectation of a fair Treaty made to secure the City: If herein Your Majesty had prevailed, after You had destroyed the Army, and mastered the City, it is easy to imagine what a miserable Peace we should have had; and whether these Courses be suitable to Your Expressions Your Majesty is pleased to make in Your Answer to our Petition, of Your Earnestness to avoid any further Effusion of Blood, let God and the World judge!
"As for our Proceedings, they have in all Things been answerable to our Professions: We gave Directions to the Earl of Essex to draw the Army under his Command out of the City and Suburbs, before we sent any Message to Your Majesty; so that Part of it was quartered at Brainford before the Committee returned with Your Answer; and, immediately upon the Receipt thereof, that very Morning, Order was taken that the Soldiers should exercise no Act of Hostility against any of Your Majesty's People. We sent a Letter, by Sir Peter Killigrew, to know Your Majesty's Pleasure, whether You intended the like Forbearance of Hostility; but the Fury of Your Soldiers, thirsting after Blood and Spoil, prevented the Delivery of the Letter; for coming up on Saturday, in his Way towards Your Majesty, as far as Brainford, he found them in Fight there, and could pass no further. God, who sees our Innocency, and that we have no Aims but at His Glory, the Public Good, will (we hope) free Your Majesty from those destructive (fn. 5) Counsellors, who labour to maintain their own Power by Blood and Rapine, and bless our Endeavours, who seek nothing but to procure and establish the Honour, Peace, and Safety of Your Majesty and Kingdoms, upon the sure Foundation of Religion and Justice."
House adjourned till 10a cras.