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 Sabbati, 31 Decembris.
Matthew Lissett, a Pass to the King, about a Ship taken at Falmouth by His Command.
Bill for settling the Militia.
The Earl of Northumb. reported, "That the Committee for to consider of the Bill for settling the Militia have met often, and have made some Alterations therein," which were read; and, upon Debate, it is Ordered, To be re-committed to the same Committee as formerly.
Message from the H. C. for Concurrence in a Declaration.
Clerk of the Crown, Leave to be absent.
Bill for settling the Admiralty.
Next, the Earl of Holland reported, "That the Committee hath considered of the Bill for settling the Navy of this Kingdom, and have made some few Alterations therein;" which Bill was read, with the said Amendments.
West sent for, for printing the Propositions of both Houses to the King, for Peace.
Upon Complaint made to this House, "That the Propositions for Peace, which were to be presented to the King, are printed, under the Hands of the Clerks of both Houses of Parliament:" Hereupon it is Ordered, that Ric'd West, the Printer, shall be sent for, to know by what Authority he printed the same.
Lords Subscriptions in lieu of Assesments for the Public Service.
|The Earl of Warwicke,||500|
|E. of Manchester,||300|
|L. Viscount Say,||100|
|E. of Bollingbrooke,||200|
|Lord Feilding will make up,||500|
Ordered, That the Committee formerly appointed for to dispose of the Monies assessed upon such Persons as have not contributed, shall take the Subscriptions of the Assistants of this House this Afternoon; and the Earls of Northumb. Warwicke, Pembrooke, and the Lord Viscount Say & Seale, are added to that Committee.
Message from the H. C. for the Lords Concurrence in several Orders.
Lords who have not subscribed for the Public Service.
Message to the H. C. for the Members of both Houses to encourage the Subscription, and that the City will subscribe further.
To let them know, that this House, upon the Report of the Committees for the advancing of Monies, "That there is great Want of Money for the present Maintenance of the Army;" and finding that the City is willing to make a further Subscription, if the Members of the Parliament would give a good Example in this Particular: To this Purpose, divers Lords have now subscribed; and the Speaker of this House is appointed to know the Answer of these Lords on Monday next, who have not yet subscribed at all; and that this House hath appointed the Committee to take the Subscription of the Assistants of this House this Afternoon: Therefore to desire the House of Commons, that they would take the same Course with the Members of their House; and that it may be recommended with Expedition to the City of London, to do the like.
Countess of Monmouth, a Protection.
Burlamachi Leave to go to his own House, and the Inland Post-office Accompts to be audited by the City Auditor.
Ordered, That Mr. Burlamachi shall have Liberty, and be permitted, to go to his own House, until the further Pleasure of this House be further known; and that the Accompts concerning the Inland Letter-office shall be audited by the Auditor of the City of London, who is a sworn Officer.
Declaration of both Houses, about the King's Proclamation against the Ordinance for Tonnage and Poundage.
"Whereas the Lords and Commons assembled in Parliament have made an Ordinance, concerning the Subsidy of Tonnage and Poundage; and having since taken Notice of a Printed Paper, in Form of a Proclamation, intituled thus, A Proclamation prohibiting the Payment and Receipt of Customs, and other Maritime Duties, upon the late pretended Ordinance of both Houses of Parliament; whereby is endeavoured, by many untrue Suggestions and subtile Instinuations, to dissuade and prohibit the Subjects from giving Obedience to the said Ordinance; which, if it should take Effect (as we are confident it will not), would tend to the Destruction of Trade, and the exposing His Majesty's Dominions to the Invasion of Foreign Forces: The said Lords and Commons have thought it necessary to reprint the said Ordinance, with this their further Declaration, That there are no other Customs settled by that Ordinance, than such as are due by the Laws and Statutes of this Realm, as will appear to any ingenuous Person, who shall read the same. And whereas the Contrivers of that Proclamation do therein suggest, That all such Persons, as receive any Sums of Money, by virtue of the said Ordinance, do incur the Forfeiture of a Premunire, it is hereby Declared, That no Person, receiving any Sums of Money, by virtue of the said Ordinance, is within the Danger of a Premunire, or any other Penalty whatsoever, because the Intent and Meaning of that Penal Clause was, only to restrain the Crown from imposing any Duty or Payment upon the Subjects without their Consent in Parliament, and was not intended to extend to any Case, whereunto the Lords and Commons give their Assent in Parliament; besides, the greatest Sums of Money to be advanced by that Ordinance is appointed, by the said Ordinance, to be raised by Way of Loan, and therefore without the least Colour of Objection to be comprehended within the Danger of that Penalty: And whereas it is insinuated, That Merchants, paying any Sums of Money, by virtue of the said Ordinance, do thereby incur the aforesaid Penalty, there needs no other Answer to it, than to refer any Person of common Sense to the Clause itself mentioned in that Statute, where it will most evidently appear, That the Merchant paying is so far from falling into any Danger of that Penalty, or being comprehended within the Intent of the Clause that enacts it, that he is not so much as named within the Words or Letter thereof: And whereas the Contrivers of that Proclamation do most scandalously affirm, That the Monies raised by that Ordinance is to support an unnatural War against His Majesty, and to foment a Civil Dissention; if, by somenting an unnatural War, it be intended the maintaining of the Forces, consisting of Papists and other ill-affected Persons, under His Majesty's Name, for the Subversion of the Parliament, Laws, and Religion, we must then confess, that so much of those Monies as have been taken and employed for the Maintenance of those Forces (for we must acknowledge that a considerable Part thereof hath been forced and exacted, by the Earl of Newcastle, the Lord Mohun, Sir Raph Hopton, and others) were employed to support an unnatural War against the King, and to foment a Civil Dissention: But, if otherwise applied, for full Satisfaction therein, it is Declared, That the Money raised by virtue of the said Ordinance, and come to the disposing of the Parliament, hath been with all Care and Faithfulness disbursed, for the Payment of sundry great and crying Debts of His Majesty's, due unto His own Officers of the Navy; and also unto Artificers, Tradesmen, Merchants, Owners of Ships, and Mariners, unto whom His Majesty was indebted before the Beginning of this Parliament; and likewise for the setting forth of Two Fleets of Ships the last Summer, the one for guarding the Coast of Ireland, and preventing of Aid to come unto those Rebels; the other for Defence of this Kingdom, and preventing of Foreign Forces and Invasions, not only threatened, but actually brought into the Northern Parts of this Kingdom, and for the Preservation of Merchants Ships from Pirates: And as touching the strange Assertion of the Authors of that Proclamation, That, by the Merchants yielding Obedience to this Ordinance, the Trade of the Kingdom is much lessened, though we might here justly take Occasion to manifest what have been the Causes of the Obstruction of Trade, and so set forth the Rebellion of Sir Raph Hopton in the West, wholly destroying the most flourishing Manufacture of the new Draperies in those Parts; the robbing of the common Carriers and Frawnters, by His Majesty's Forces and Cavaliers, of Woolen Cloth and other Manufactures, whereby the Commerce and Intercourse of Trade, between the Clothiers and remote Parts, and the Merchants of the City of London, is interrupted; the Rebels of Ireland setting forth Men of War, and making Prize of our Merchants trading to and from Foreign Parts; yet we think not fit to insist upon it for the present; but must affirm, for an undeniable Truth, that the Money, raised by virtue of that Ordinance, was so far from lessening of Trade, as that it was the only Means to maintain the Navy and several Fleets of Ships at Sea, which, under God, hath been the principal Cause of preserving Trade and Commerce, which otherwise, before this Time, would have been, by Pirates, Irish Rebels, and Foreign Forces, wholly destroyed; and not only Trade, but the whole Kingdom, had been inevitably exposed to those Dangers, by His Majesty's refusing to pass the Bill of Tonnage and Poundage, had not the Parliament wholly taken upon them the Care thereof, and, by God's Blessing, prevented those Dangers: All which duly considered, the Lords and Commons do Declare, That the Ordinance of the Parliament heretofore printed and published, with the Book of Rates for the Payment and Receipt of Customs and Duties upon Merchandise, and with this Declaration re-printed, is just and necessary for the Preservation of Trade and Defence of the Kingdom; and do therefore expect a due Obedience thereunto, both by Merchants and Officers, wherein they shall be protected by the Power and Authority of Parliament; and no Bill of Tonnage and Poundage shall pass, but special Care shall be had for their Indemnity and Satisfaction, according to the former Ordinance: And the Lords and Commons do further Declare, That whosoever shall refuse to yield Obedience to the said Ordinance is deservedly to be accounted, and is by this Order declared, to be a Person ill-affected to the true Protestant Religion, the Honour of the King, the Privilege of Parliament, the Peace and Safety of the Kingdom, and a Fomenter of this unnatural War by the King against the Parliament."
Declaration to associate Staffordshire and Warwickshire, and for Lord Brook to command in Chief.
"The Lords and Commons now in Parliament assembled, being certainly informed, that Papists and other wicked and ill-affected Persons have traiterously combined together, and entered into Association, and have raised, and daily do raise, great Forces both of Horse and Foot, in several Counties of this Kingdom, and have plundered, spoiled, and destroyed, Multitudes of His Majesty's good Subjects, and, if not timely prevented, will utterly subvert and destroy the true Protestant Religion (which is their chief Design), the Laws of the Land, the Privileges of Parliament, and the Liberty of the Subjects: The said Lords and Commons do Declare, That they hold it a Thing most fit and necessary for the present State of this Kingdom, and for the better Securing of the County of Warwick and City and County of Coventry, and of the County of Stafford, and City and County of Lichfeild, and the Parts adjacent to the said Counties; and do accordingly Order and Ordain, That the Lords Lieutenants and the Committees of Parliament hereafter named; (that is to say) for the County of Warwick and City and County of Coventry, Sir Peter Wentworth Knight of the Bath, William Purefoy Esquire, Godfrey Bossevile Esquire, John Barker Esquire, William Jesson Esquire, the present Mayor of the City of Coventry, John Hales Esquire, Anthony Stoughton Esquire, Thomas Boughton, Esquire, William Colemore Esquire, George Abbott Esquire, and Thomas Barsnett, Alderman; and for the County of Stafford, and City and County of Lichfeild, :And all Colonels, Lieutenant Colonels, Serjenat Majors, and other Captains and Officers, and all other well-affected Persons, inhabiting within the said several Counties and Cities, and Parts adjacent, shall and may associate themselves, and mutually aid, succour, and assist one another, in the mutual Preservation and Defence of themselves, and the Peace of the said Cities and Counties, from all Rapines, Plunderings, and Spoilings, of the said Papists and ill-affected Persons: And it is further Ordered, Ordained, and Declared, That the said Lords Lieutenants, Committees of Parliament, Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers, have Power and Authority to raise Forces of Horse and Foot, and to lead them into any Place which shall be fitting and convenient, and to give Battle and to fight with all such as are or shall be raised, to levy War against the Parliament, and all other Forces raised without Authority and Consent of both Houses of Parliament, that make any Insurrection, and plunder or destroy His Majesty's good Subjects; and them to invade, resist, suppress, subdue, and pursue, kill, and slay, and put to Execution of Death, and by all Means to destroy, as Enemies to the Kingdom, and to perform all Things else needful for the Preservation of the Safety and Peace of the said Cities and Counties and Parts adjacent; observing from Time to Time such other Directions and Commands as they shall receive from both Houses of Parliament, or from the Earl of Essex Lord General; and that the said Persons and other the Inhabitants, for so doing, shall be saved and kept harmless, by the Power and Authority of Parliament: And the said Lords and Commons, taking into their serious Considerations the Necessity of appointing a Commander in Chief over the Forces which are or shall be raised in the Cities and Counties aforesaid, or any of them, for the Service aforesaid, in regard that, by particular Commissions already granted to Persons in the said several Counties, there was no Power given to lead Forces out of their own Counties, it is Ordered and Ordained, That the Lord General the Earl of Essex shall be desired to grant a Commission to Robert Lord Brooke, to command in Chief, as General of all the Forces raised, or to be raised, in the said Cities and Counties, and Parts adjacent; and to have Power to lead, command, and carry the same, to such Places within the said Cities and Counties and Parts adjacent, as he shall think fit for the Defence thereof; and likewise Power to give the same Order and Instructions, in his said Excellency's Absence, for regulating the Soldiers, which are or shall be under his Command, as his said Excellency hath given to his Army, and to use Martial Law, to compel Obedience thereunto, as Occasion shall require; and also Power and Authority to make and appoint all Officers, for levying and conducting and leading the said Forces, as he shall think fit."
Instructions for the Lords Lieutenants, &c. of Warwickshire and Stafford, &c.
"That the Lords Lieutenants of the several Counties of Warwick and Stafford, and Cities and Counties of Coventry and Lichfeild, or the Committees of Parliament of the said Cities and Counties respectively, or any Three or more of them, with all convenient Speed, do summon the several Gentlemen, Freeholders, and other Inhabitants, of the said several Cities and Counties, as well within Liberties and Corporations as without, that do or are able to bear or find Arms, to such Places, in the said several Counties and Cities, as they hold most fitting; and, at such Meetings, to take a View what Arms and Force can be raised in the said Cities and Counties respectively, and examine the Defects of Arms and Ammunition, and to consult of some fitting Course how to have the Want of Arms and other Defects to be supplied; and at such Meetings, or at any other fit Time and Times, with the Assistance of the Committee for the Propositions and Subscriptions in the several Counties and Cities aforesaid, and Parts adjacent, or any Two of them, shall and may propound to all the Inhabitants of the said Cities, that are able to bear or find Arms, or to contribute towards the same, what present and imminent Danger and Necessity the whole Kingdom is now reduced unto, by the wicked Advice, Attempts, and Conspiracies, of Papists and other Persons now about His Majesty; and to propound to them to join in Association and mutual Defence of one another, according to the Form of an Association hereunto annexed; and to require them to set down in Writing, and subscribe, what Arms for Horse and Foot, what Horse, either for Dragooners or others, they will have in Readiness upon every just Occasion, for the Defence of the said Cities and Counties.
"Secondly, The better to prevent the Plundering and Spoiling of the said Cities and Counties, and the Parts adjacent, and to have Means for the Furnishing of Arms and Ammunition, Making of Fortifications, and Payment of the Garrisons, Officers, and Soldiers, and other Public necessary Charges, that there be forthwith raised, in the said several Cities and Counties respectively, and in the Corporations, Constabularies, and Parishes thereof, such Sums of Money as shall necessarily be disbursed and expended for the Uses aforesaid, the Sums to be rated and assessed in like Sort as was the Four Hundred Thousand Pounds granted by Act this present Parliament, wherein the Persons who have not subscribed to the Parliament's late Propositions shall be assessed, and their Assessments levied, in such Sort as by the Ordinance late made for the City of London, and the Parts adjacent, such like Persons are to be assessed, and their Assessments levied; for which Sums of Money, so rated and levied, and expended as aforesaid, the Lords Lieutenants and Committees shall be accountable for their Proceedings therein to both Houses of Parliament, and none else.
"And for the better levying of the said Sums of Money, that the said Lords Lieutenants, or the said Committees of the said Counties respectively, or any Three or more of them, shall and may assess and tax, or cause to be assessed and taxed, the said Sums, upon the said several Cities and Counties, and the Corporations, Towns, Constabularies, and Parishes within the same, in like Manner as is aforesaid; and that they, or any Three or more of them, nominate and appoint Treasurers, Collectors, and Assessors, in every of the said Counties, for the assessing, receiving, and collecting the said Sums of Money; and shall and may grant Warrants, under their Hands and Seals, in Writing, to any Constable or other Officer whatsoever, to raise and levy the said Sums so to be assessed and taxed as aforesaid, upon all such Persons upon whom any such Sums shall be so assessed and set, that do refuse or neglect to pay the same; it shall and and may be lawful to and for the said Assessors, or any other Persons, to whom Warrants by the Lords Lieutenants and Committees respectively shall be granted, to levy the said Sums so assessed by Way of Distress and Sale of the Goods of the Person so assessed and refusing; and if any Person so distrained shall make Resistance, it shall and may be lawful, to and for the respective Lords Lieutenants and Committees, to send any of the Trained Bands, or other Soldiers, of the respective Counties and Cities aforesaid, to compel the said Parties so refusing to Obedience of this Ordinance; and in Case no Distress is or may be found, then the said respective Lords Lieutenants and Committees aforesaid, or any Three or more of them, shall and may commit such Person and Persons, so refusing to pay as aforesaid, to some Common Gaol, there to remain without Bail or Mainprise, until Payment made of such Sum and Sums as aforesaid.
"Thirdly, That all Sheriffs, Justices of Peace, Mayors, Bailiffs, Constables, and all other His Majesty's Officers, as well within Liberties as without, be from Time to Time aiding and assisting unto the said Lords Lieutenants and Committees, in Execution of the Power to them given by the Lords and Commons in Parliament, and of these Instructions.
"Fourthly, That no Treasurer or Receiver of any Money shall issue out any Money, but under the Hands of the Lords Lieutenants and Committees, or any Three of them, in every County respectively; and that the several Lords Lieutenants and Committees do not sign or grant any Warrants, for the issuing or paying any Sum or Sums, but for the Furnishing of Arms and Ammunition, Making of Fortifications, Payment of Officers and Soldiers, and other necessary Public Charges, tending to the Safety and Preservation of the said Cities and Counties, and not otherwise.
"Fifthly, That the said Lords Lieutenants and Committees, of every the said Cities and Counties respectively, or any Three or more of them, shall and may, from Time to Time, raise such and so many of the Trained Bands, and other Persons inhabiting in the said Cities and Counties, as they shall judge necessary and fitting, to enter into the Houses of all Papists, and other Persons that are voted to be Delinquents by both or either Houses of Parliament; or that have put in Execution the Commission of Array; or that have been present with or aiding and assisting to His Majesty, in this unnatural War against the Parliament; or that, being of Ability, have not contributed upon the Propositions of raising of Horse, Money, or Plate, for the Defence of the King and Parliament; or that have refused to send Horse and Arms to the Musters, when by the Deputy Lieutenants appointed by the Power of Parliament they having been required so to do; or such Clergymen and others that have publicly preached or declared themselves to oppose, disgrace, or revile the Proceedings of both or either Houses of Parliament; and to seize upon the Arms, Ammunition, and Horses fit for Service in the War, that belong to such Person or Persons, the same Horses, Arms, and Ammunition, to be employed and disposed of by the Direction of the said Lords Lieutenants and Committees of the said several and respective Cities and Counties, or any Three or more of them, for the Public Service and Defence of the several Cities and Counties aforesaid.
"Sixthly, That the said Lords Lieutenants and Committees, or any Three or more of them, do cause the several Companies of the Trained Bands and Voluntiers to be put into Regiments, and to nominate, appoint, and place Colonels, Lieutenant Colonels, Serjeant Majors, Captains, Lieutenants, and other Officers, in every Regiment and Company where any such are wanting, or when such as are and have been nominated have refused to execute those Places.
"Seventhly, That the Dragooners be put into Companies, and that One Hundred and Twelve be allotted to a Company; and that each Company of Dragooners have an experienced Soldier, to be a Corporal, and to have the present Pay of a Corporal.
"Eighthly, That the said Lords Lieutenants and Committees, in each County respectively, or any Three or more of them, shall and may give Command and Directions, from Time to Time, to secure and fortify all Bridges, Causeys, and Passages, and, in Times of Approach of an Enemy, or Fear of any Invasion by an Enemy, to pull down or stop the Bridges, Causeys, Passages, and to cut the Banks, in the said Counties respectively; and to have Power to fortify and secure any Town, Hundred, or Hamlet, where the said Town, Hundred, or Hamlet, are willing to do the same at their own proper Charges; and also to have Power, at all Times, to search and stop all Barges, Boats, or other Vessels, passing by Water, for the Safety of the said Cities and Counties and Places adjacent.
"Ninthly, It is further Ordered and Declared, That the said Committees, for the said several Cities and Counties respectively, shall or may call unto their Assistance such Person or Persons as they shall think fit, for the better and more orderly Execution and Performance of these Instructions.
"Tenthly, The Lords Lieutenants and Committees, or any Three or more of them, shall and may imprison, or commit to safe Custody, all and every such Persons as, being able and have had due Summons, do notwithstanding refuse, or wilfully neglect, to appear at Musters, or to send some able Persons, to be allowed of by the Captains or Chief Officer of the Company in his Behalf.
"And it is lastly Ordered and Declared, That the Instructions of the 15th Day of August last past, for John Hailes, Isaack Bromage, Esquires, John Barker Alderman, Thomas Bassett Alderman, and Robert Phillipps Gentleman, appointed to take Care of the Peace of the City of Coventry, shall be henceforth void, and of none Effect."
Their Form of Association.
"We, whose Names are underwritten, Inhabitants of the Counties of Warwick and Stafford, and of the Cities and Counties of Coventry and Lichfcild, and Parts adjacent, do hereby engage ourselves to provide Horses and Arms, and to maintain and find, at our own proper Costs and Charges, and at all Times to have in Readiness, for the Service of the said Cities and Counties and Parts adjacent, now associated together by Authority of both Houses of Parliament, so many Men compleatly armed and furnished, and such Horses, Geldings, Nags, Mares, as we have severally and respectively subscribed for, to be commanded, led, and conducted, in any Parts and Places within the said Cities, Counties, or Parts adjacent, by such Person as now hath, or hereafter shall have, the Command in Chief of all the Forces of the said Cities and Counties and Parts adjacent.
"Whereas the Lords and Commons assembled in Parliament have taken into their Considerations, that, in Times so full of Division and Danger as these are, an Union of our Hearts and Forces is most conducing to the Public Good and Safety of the whole Kingdom; and have therefore Ordained, That the Inhabitants of the County of Warwicke and Stafford, and of the Cities and Counties of Coventry and Lichfeild, should enter into Association with one another, for the Maintenance and Preservation of the said Cities and Counties: Therefore, in Pursuance of the said Order, and the better to confirm a mutual Confidence in one another, we, whose Names are hereunto subscribed, do hereby promise, testify, and declare, to maintain and defend, with our Lives, Power, and Estates, the Peace of the said Cities and Counties, and Places adjacent, and to aid and assist one another, under the Command and Conduct of such Persons as now hath, or hereafter shall have, by the Authority of both Houses of Parliament, or of the Lord General, the Command in Chief of all the Forces of the said Cities and Counties, according to the true Intent and Meaning of the said Order of Association; whereunto we do most willingly give our Assent, and neither for Hope, Fear, or other Respect, shall ever relinquish this Promise."
Ordered, To send to the House of Commons, to let them know, that, upon the humble Petition of the Earl of Portland to be released, this House not finding now any Cause of further detaining him in Custody, their Lordships think fit to set him at Liberty.