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, 7 die Decembris.
Committee for Gunpowder.
Ordered, That the Committee that have (fn. 1) Power to buy Powder for the Use of the Parliament, shall have Power likewise to buy Brimstone and Salt-petre, and to see that the same be not transported out of the City of London; and to desire the Concurrence of the House of Commons herein.
Assessors and Collectors of Money in London.
Ordered, That this House approves of these Collectors and Assessors, and to send the same to the House of Commons, and desire their Concurrence therein; and that the Committees may put the Ordinance for raising of Monies into speedy Execution.
Message from the H. C. for the Lords to sit a while.
Message to them, with the Collectors Names for Money in London; and about seizing Salt-petre, &c.
To desire them to concur with this House, in approving the Names of the Assessors and Collectors of Money in London; and that they would join, to quicken the Committees to put the Ordinance into Execution with all Speed; and also to desire to join with this House, in searching and seizing for Salt-petre and Brimstone.
Message from the H. C. for the Lords to concur in the following Particulars.
1. To desire their Lordships Concurrence with them, that the Lord Mayor and the Sheriffs of London might have Power to remove Ten Persons, which are imprisoned in Crosby House, to Gresham Colledge, in London.
Message from thence, for the Lords to concur in the following Particulars.
1. Instructions to be given to Committees for the County of Sussex, being such as were made for all Counties; but, in regard of divers Occasions, the House of Commons have made some Alterations and Additions in them. (Here enter them.)
That this House agrees with the House of Commons in the Instructions for Sussex, with the Alterations, and in the Order concerning Marleborough; but concerning the Place of the Master of the Rolls, this House will send an Answer, by Messengers of their own.
Resolutions of the H. C.
The King's Children to be removed to St. James's.
Earl of Pembroke to continue his Care of them.
Money for their Support.
Earl of Portland not to be removed.
Assessors for Money to be raised in London and Westminster.
"That the Lord Mayor, and other Persons named in the Ordinance, shall have Power to nominate and appoint Six other Persons, to be Assessors, in the several Wards of Farrington Without and Criplegate, and as many in other Wards as there shall be Cause.
Assessment of London and Westminster.
"Whereas, in and by a late Ordinance of both Houses of Parliament, it is Ordained, for the Cause therein expressed, That all Persons of Ability, within the Cities of London and Westm. and the Suburbs of the same, and also within the Borough of Southwarke, who have not at all, or not answerable to their Estates, contributed towards the Maintenance of the Army raised by Authority of this present Parliament, shall be assessed in such Manner and Proportion as in the said Ordinance is directed, of which the Lords and Commons now assembled in Parliament do expect a vigorous and speedy Execution; but, finding some Doubt to be raised upon the Point of Time, whether that Clause of not contributing at all, or not in Proportion to their Estates, be meant of not contributing before the passing of the said Ordinance in both Houses of Parliament, or to be extended to any Time before the assessing of them, and giving them Notice of it in such Manner as in the said Ordinance is appointed: We, the said Lords and Commons in Parliament assembled, do hereby Declare, That, if any Person or Persons, who have not contributed at all, or not answerable to their Estates, shall, before any Assessment of them be made, and Notice thereof left at their Houses, according to the said Ordinance, contribute towards the Maintenance of the said Army, by Loan or otherwise, according to their several and respective Estates, as others well-affected have already done, without Evasion or Collusion, every such Person so contributing shall be accepted as doing an acceptable Service to the Commonwealth, and be freed from the Payment of all and every Tax and Assessment of him to be made, by the Assessors authorized by the said Ordinance for that Purpose, as likewise from all Distresses, Imprisonment, and other Punishments, to be inflicted by virtue of the said Ordinance, or any Addition to or Explanation made of it, for the not paying of any such Assessments; and hereof all such Assessors and Collectors are hereby required to take Notice; and for this End it is Ordered, by the said Lords and Commons, That this Declaration be printed and published."
To clear Persons that have been proclaimed Traitors.
"Whereas His Majesty hath set forth, and commanded to be published, in several Parts of this Kingdom, and Dominion of Wales, divers Printed Papers, in the Form of Proclamations, whereby divers Members of either House of Parliament, and other Gentlemen and Persons well-affected to the Public, are, without any Process of Law, or Judgement of their Peers, proclaimed Traitors, who have carefully performed their Duties, in assisting the Parliament, and opposing those wicked Counsellors and Cavaliers about the King, which endeavour the Destruction of our Religion, and Desolation of this Land: The Lords and Commons in Parliament do Declare, That the said Printed Papers, in the Form of Proclamations, and the Publishing thereof, are against the Laws of this Kingdom; and that such Persons as have been, or hereafter shall be, proclaimed Traitors by the said Printed Papers, or any other of the like Nature, shall be defended and protected, by the Power and Authority of Parliament, from any Damage or Prejudice to their Persons or Estates, by Reason or Colour of any such Printed Papers or Proclamations heretofore published, or which shall hereafter be published or contrived against them; and the said Lords and Commons do hereby streightly forbid the Publishing of any such Printed Papers or Proclamations; and do authorize and require all Officers, and others His Majesty's good Subjects, to apprehend, and bring in safe Custody to the Parliament, and to seize the Goods and Profits of the Lands, to be accountable for the same to both Houses of Parliament, of all such Persons as already have published, or which hereafter shall publish, any such Printed Papers or Proclamations, to the End they may receive due Punishment for their Offences."
Two Thousand Horse, out of Essex, Suffolk, &c. to be provided.
"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That, according to the Ordinance of Parliament for Provision of Victuals and other Necessaries for the Army, the Committees thereby appointed for every County be forthwith named; and that Order be given, by both Houses, to the said Committees, in the Counties hereunder mentioned, to provide forthwith, out of their several Counties, Two Thousand Horse, for Troopers; videlicet, Essex, Suffolke, Cambridge, Hertfordshire, Bedfordshire, Huntingdon, Norffolke, Hampshire, Kent, Leicestershire; and that the said Committees respectively, or any Two of them, do cause the said Horses, so provided by Power of the aforesaid Ordinance, to be delivered unto Thomas Browne and Maximilian Berd (Citizens of London), or to such as under their Hands, or the Hand of either of them, they shall nominate or appoint, to be brought up to London, or where else the Lord General shall appoint, for the Service of the Army raised for the Defence of King and Parliament; and that they certify a List of such Horses as they shall so deliver from Time to Time, together with the Name or Names of the Persons to whom they have delivered them, in to the Committee of the House of Commons appointed to enquire after the Abuses of Soldiers, touching their Horses and Arms; and the said Committee are further desired, by both Houses, that, in their providing the aforesaid Horses in the Counties aforesaid, they do not take the Horses of such Persons as have contributed upon the Propositions of Money, Plate, &c. for the Defence of the King and Parliament; and that it appear, by the Acquittances of the Treasurers for the Propositions, or by Certificates from the Deputy Lieutenants, or such others as are authorized by Parliament to receive Monies, Plate, or Horse, upon the Propositions, that they have contributed; but, in Case that any Horses belonging to any such Persons shall be taken, that they give Order forthwith for the Release of the same: It is likewise provided, That no Carrier's Horses, or Draught, necessary and usual, or Plough Horses, be seized; and, in case that any such be seized, that they give Order for the Release of them."
"Instructions agreed upon by the Lords and Commons assembled in Parliament, for Sir William Waller, Sir Thomas Parker, Sir Thomas Pelham, Anthoney Stapley, Harb't Morley, Henry Chittey, Sir Midnell Linesey, Committees for the County (fn. 2) of Sussex.
Instructions for the Committee in Sussex.
"Whereas it doth appear to the Lords and Commons now assembled in Parliament, that the King, seduced by wicked Counsel, hath raised War against the 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.
"1. You shall take special Care, therefore, that the Ordinance concerning the Militia be from Time to Time put in Execution through the said County, as you shall see Cause; and, for that Purpose, you, or any Two or more of you, shall have Power and Authority to arm, train, and put in Readiness, all and every the Inhabitants of that County fit for the War, as well Trained Bands as other Voluntiers, both Horse and Foot; and them, under the Command of such Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers, as the Lieutenant of the said County, or you, or any Three or more of you, shall, in his Absence, nominate and appoint, to lead and conduct, as well against all Foreign Forces, as shall in hostile Manner invade the said County, as for resisting and opposing of all other Forces, which shall be, either within the said County or elsewhere, raised to the Disturbance of the Peace of that County; and the Sheriff and all other Officers of the said County are hereby 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 raise, draw, or keep together, the Trained Bands, or other armed Forces of the said County, 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, or other Inhabitants of the said County, that those who shall appear upon any such Warrant, or obey any such Commission, shall be held Disturbers of, and Enemies to, the Public Peace; and those who shall not appear upon any such Warrant or Commission, nor do any Thing in Execution thereof, but shall conform and submit to the Ordinance of the Militia, shall be protected by both Houses of Parliament; and you, or any One or more 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 to cause 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, or any Two or more of you, are hereby required to draw together such of the Trained Bands, and other Forces of the said County, 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 Parlialiament; 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.
"2. You, or any One or more of you, shall stay, search, and examine, or cause to be stayed, searched, and examined, all suspicious Persons and Carriages; and to search, or cause to be searched, all suspicious Places, and to seize upon all Horses, Arms, Ammunition, Money, Plate, or other Provisions whatsoever, which you, or any One of you, shall have just Cause to suspect is or are raised or provided for the fomenting or maintaining any such unnatural and unlawful War (fn. 3) in the Kingdom.
"3. You, or any Two or more of you, shall observe and execute the Ordinance of both Houses of Parliament of the 8th of August last, for the Suppression of the Rebellion and Commotion raised by the Marquis of Hartford, in the County of Som'settshire, and other Western Counties, and by the Earl of North'ton and others in the Counties of Leicester, Northampton, Warwick, and other adjoining Parts, and of any other Rebellion or Commotion raised, or that shall be raised, by any other Person or Persons, within the said County of Sussex.
"4. You, or any Two or more of you, shall, to your uttermost Powers, counsel and assist Sir William Waller Knight, or such others as shall be appointed to conduct and lead all such Forces of Horse and Foot, as shall be appointed by Direction of the Lord General the Earl of Essex, or by Order of both Houses, or by the Order of the Committee of both Houses for the Defence of the Kingdom, for the Service of the Parliament and Kingdom; and the said Sir William Waller, or such other as shall command in chief, and all others employed in the Service, according to the Discipline and Order of War, are hereby authorized to fight with, kill, and slay, all such as shall by Force oppose you, or any of you, in the Execution of that Ordinance, and all other their Assistants and Aiders and Abettors; and you, or Two of you, shall levy such other Forces of Horse and Foot as his Excellence 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 Traitors and Rebels, and their Adherents, in the said County, or in any other Places or Counties 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, out of the Subscriptions of that County; 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 utmost of your Power, endeavour to preserve and restore the Peace of the Kingdom.
"6. You, or any One or more of you, shall 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 Sheriffs and Justices of the Peace, and all other His Majesty's Officers and Subjects of the said County, to be aiding and assisting unto you for that Purpose.
"7. You shall likewise Declare unto all Men, That it hath ever been, and still shall be, the Care and Endeavours of the Parliament, to provide for His Majesty's Safety; and that they do not, nor never did, know of any Evil intended towards His Majesty's Person, which might move Him to require any extraordinary Guard; that His greatest Safety is in the Affections and Fidelity of His Subjects, and in the Advice and Counsel of His Parliament; and His greatest Danger in withdrawing Himself from them, and joining Himself to such disaffected and malignant Persons, obnoxious to Justice for their great Enormities, who, under Colour of doing Him Service, have raised Forces, which they labour to increase, to the Hazard of ruining Religion and the whole Kingdom.
"8. And you, or any One or more of you, shall, in the Name of the Lords and Commons, publish, or cause to be published, throughout the same, the Declarations commanded to be published by both Houses of Parliament; and you, and every of you, shall endeavour to clear the Proceedings of Parliament from 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 a clear and speedy 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 Stay of any such Dispatches, you, and every of you, shall direct the Post-masters and Messengers to repair to the Justices of the Peace, Constables, and other Officers, for their Aid and Assistance, who are hereby required to take special Care that there be no such Interruption.
"9. You, or any Two or more of you, are hereby authorized and required, forthwith to disarm all Popish Recusants, and other dangerous and ill-affected Persons, as well Clergymen as others, as have testified, or shall testify, their ill Dispositions to the Peace of the Kingdom and Proceedings of Parliament; and all such Arms, and all other Arms formerly taken from Popish Recusants, shall be employed by you for the Defence of the said County.
"10. You, or any One or more of you, shall take Care that none of the Recusants Arms, or other Ammunition of the said County, shall be taken or carried out of the same, upon any Pretence or Command whatsoever, without Warrant from both Houses of Parliament; and you, or any One or more of you, shall give Order and Directions to the Sheriff of the said County, Justices of the Peace, and other Officers, to require and command all Popish Recusants in the said County to confine themselves to their Dwellingplaces, according to the Statute in that Case provided; and, if any such Recusant shall be found to transgress therein, you, or any One or more of you, shall cause the Justice of Peace forthwith to bind them to their good Behaviours, and, upon Refusal or Neglect to give Security accordingly, to commit them (fn. 4) to Prison, and further proceed against them according to Law.
"11. You, or any One or more of 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, to deliver the same to you, or any Two of you, to be disposed of and employed for the Defence of the County; and in Case of Refusal, you are hereby authorized to seize, take, carry away, and dispose of the same, for the Purpose aforesaid.
"12. And you, or any Two or more of you, are likewise to give Charge, from both Houses of Parliament, to all Colonels, Captains, Lieutenants, and all other Officers for the Militia, that they shall be observant to such Directions as they shall from Time to Time receive from the Lord Lieutenant of the said County, or his Deputy, or any of them, for the due Performance of any the Commands of the said Houses.
"13. You, or any One or more of you, shall resist and repel, and are hereby authorized to resist and repel, by the Power of the said County, 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 any other which shall be employed in Performance of this Ordinance, Instructions, and Commands of both Houses of Parliament, for any Thing done in Execution thereof; and the Sheriff and Justices of Peace of the said County, and all other Officers and Subjects, are hereby required to be aiding and assisting to you, and every of you, for the better and more speedy Execution of the Premises.
"14. You, or any Two or more of you, shall hereby, with the Consent of Two of the Members of the House of Commons aforenamed, have Power and Authority to fortify any Part or Place of the said County, in such Manner and Sort as you, or any Two or more of you, with the Consent of Two of the Members of the House of Commons as aforesaid, shall think fit, for the Safety of the said County; and, for the more Security of the same, shall set such several Guards and Forces, in all Places and Towns of the said County, as you, or any Two or more of you, with the Consent of any Two of the said Members of the House of Commons, shall think fit and requisite; and to cause the Beacons within the said County to be watched, guarded, and fired, as Occasion shall require.
"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 Money or Plate, to maintain Horse 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 of several Counties concerning the last Propositions, according to a Declaration of the Lords and Commons made thereupon.
"16. You, or any Three or more of you, shall or may call together the Inhabitants of the County, at such Times and Places as you shall think fit; and propound to them what Horse, Men, and Arms, they will find and maintain, or what Money they will contribute, for the Defence of the said County; which Forces, and all other Forces that shall be raised in that County, by the Authority of the Lords and Commons in Parliament, and their Officers, you, or any Two or more of you, shall lead, conduct, and employ, for the Defence of the said County; and you, or any Two or more of you, shall have Power to appoint Treasurers, to receive the said Monies so raised as aforesaid, who are hereby required to issue forth the same as they shall receive Order or Warrant from you, or any Two of you, under your Hands, for the providing of Arms and Ammunition, for the Defence and Security of the said County; as also for the paying of such Officers and Soldiers as shall be levied and employed for the Purpose aforesaid, and of all other Necessaries for the Defence of the said County.
"17. You, or any Three or more of you, shall or may, in the Absence of the Lieutenant of the said County, make and appoint such Captains and other Officers as shall be requisite for the Service and Defence of that County; and to remove them out of their Places, and to make others, from Time to Time, as you shall think fit for that Purpose.
"18. You, or any Two or more of you, shall or may require strong Watches and Wards to be set, by the Constables or such other Persons as you shall think meet, in all convenient Places in that County, for the Peace and Safety thereof.
"20. You, or any One or more of you, shall or may apprehend all such Persons as shall oppose you, or refuse to obey you, in the Premises; and to send him or them in safe Custody up to the Parliament, or the Committee of Parliament for the Defence of the Kingdom, to be proceeded with according to Justice.
"21. You, and every of 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 from the Committee of the Lords and Commons appointed to take Care for the Safety of the Kingdom; and whatsoever you shall do therein, or any other Person in Aid and Assistance of you, it shall be accepted as good and acceptable 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 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."
Additional Instructions for the Committee in Sussex.
"Whereas His Majesty, for the Furtherance and Prosecution of this unnatural War against His Subjects, hath appointed Edward Ford Esquire, Son of Sir William Ford, to be Sheriff of the County of Sussex, who, by Pretext thereof, hath raised the Power of the said County, and, strengthening himself with other Forces, seized the City of Chichester, and in a violent Manner spoiled divers of His Majesty's good Subjects, and forced them to forsake their Dwellings:
"You shall seize upon the Person of the said Ford, and upon the Persons of all others who are aiding and assisting unto him, and shall send them up in Safe Custody to the Parliament; and you shall seize the Houses, Lands, Rents, and other Goods, of the said Person, and all others that have taken Arms against the Parliament; and shall send up to the Speaker of the Commons House a perfect Schedule of such Houses, Lands, Rents, Goods, and Chattels, and shall put the same into such Hands as shall be answerable and accountable for the same.
"You shall take away the Arms and Horses of such as shall refuse to contribute Horse, Men, or Arms, upon the Propositions; and you shall force all Papists, and Persons disaffected to the Parliament, to contribute toward the Maintenance of your Army.
"And you shall take Care that the Army be governed according to the Laws and Ordinances published by his Excellence the Earl of Essex; and to pay them out of such Monies as shall be paid in upon the Subscriptions, or otherwise upon the Contributions, and upon the Estates of such as are in actual Service against the Parliament, or have sent or contributed any Supplies for the Maintenance of it.
"You shall have Power to take into the Protection of the Parliament such as shall forsake the Party of the said Sheriff, so as they be not Papists, or Delinquents declared by both or either of the Houses of Parliament."
Lady Seymour, &c. to be kept in safe Custody.
"It is this Day Ordered, by the Lords and Commons, That the Town of Marleborough be enjoined and required to keep the Persons of the Lady Seymour and her Daughter, and Mr. Vincent Goddard, in safe Custody, till the House take further Order."
For Seizure of Salt petre, &c.
"Ordered, by the Lords and Commons in Parliament assembled, That the Committee of Citizens appointed for Powder may have Power and Authority to search and seize, and store up, and provide, Brimstone and Salt-petre, in as large and ample Manner as before they had, by the late Order, for Powder.