House of Lords Journal Volume 6: 29 January 1644

DIE Lunæ, videlicet, 29 die Januarii.

PRAYERS.

Lords present this Day:

Ds. Grey de Warke, Speaker.

Message from the H. C. with Orders;

A Message was brought from the House of Commons, by Mr. Baynton and others;

To desire their Lordships Concurrence in these Orders following:

1. An Order for to pay Sixty-seven Pounds to Mr. Salaway, being due to his Son, who was slain in the Battle at Newbury. (Here enter it.)

Read, and Agreed to.

2. An Order for making and swearing of Sheriffs. (Here enter it.)

Agreed to.

3. An Order to pay Money to Mrs. Bastwicke. (Here enter it.)

Agreed to.

4. An Order concerning Monies issued out of Haberdashers Hall.

to sit P. M.

5. To let their Lordships know, that the House of Commons intends to sit this Afternoon, at Three of the Clock; and they desire their Lordships would please to sit likewise, if it may stand with their Lordships Conveniency.

Agreed to sit in the Afternoon, at Three a Clock.

and with an Amendment in the Ordinance about Currants.

6. That whereas lately there was an Ordinance concerning Currants, to which the House of Commons (fn. 1) agreed with the Addition made by their Lordships, but in the Recital there are these Words, [" the Six Shillings and Eight Pence aforesaid"]; wherein there is a Mistake, for the aforesaid Rate is but Six Shillings: Therefore they desire that the Words [" Eight Pence"] may be left out.

To which this House Agreed.

The Answer returned was:

That their Lordships do intend to sit this Afternoon, at Three a Clock; and they agree to leave out the Words [" Eight Pence"], as is desired, in the Ordinance concerning Currants; and as to the rest of the Particulars now brought, their (fn. 2) Lordships will send an (fn. 3) Answer by Messengers of their own.

Petition from the City, about the Lord General's Army.

The Sheriffs of London, and some Aldermen and Common Council, presented a Petition to this House, from the Lord Mayor, Aldermen, and Common Council of the City of London, concerning the Lord General's Army; which was read. (Here enter it.)

Which being read, Mr. Sheriff Foulke, in the Name of the City, declared and desired, "That nothing in this Petition might seem in the least Thought to reflect upon the Lord General.

"And they desired that the Regiment at Windsor, which was raised by the City, which is now in great Arrears and Want, may be taken into Consideration how they may be paid, and hereafter maintained."

Answer to them.

Hereupon the Persons that presented this Petition withdrew; and the House took into Consideration what Answer to give for the present: Which being agreed on, the House caused the Persons to be called in again; and the Speaker gave them Thanks, in the Name of this House, for their great Care and Affection expressed to the Parliament; and did let them know, that their Lordships will take the whole Matter of their Petition into Consideration with all convenient Speed.

Ordered, To have a Conference this Afternoon with the House of Commons, about recruiting the Lord General's Army; and to express unto them the Necessity of doing it speedily, in regard of the Season of the Year drawing on: And the Earl of Manchester is appointed to manage this Conference.

Message to the H. C. for a Conference about it.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire that they would give a Conference, in the Painted Chamber, this Afternoon, concerning the recruiting of the Lord General's Army.

London Petition, for the Lord General's Army to be recruited, and for an Establishment to be settled for it.

"To the Right Honourable the Lords assembled in Parliament.

"The humble Petition of the Lord Mayor, Aldermen, and Commons of the City of London, in Common Council assembled,

"Sheweth,

"That as the former and latter Practices of our common Enemies to make Divisions betwixt the Parliament and City (by the Blessing of Almighty God upon your pious Endeavours) have not only been prevented, but by your Wisdoms made Use of the more firmly to knit and unite each to other, as well by your Honourable Presence lately in the City (for which the Petitioners are most humbly thankful) as otherwise; so the Petitioners (performing their Duty) rest confident that the same God will so prosper the vigilant Care of this Honourable House, as that the like Practices shall have the like Success. The Petitioners, therefore, well knowing that the same Spirit of Division which hath walked in the Dark, betwixt the Parliament and City, hath been alike active betwixt his Excellency's Army and City, to beget and cherish a Misunderstanding in both, to destroy the one and the other; for Prevention thereof, do humbly represent to the serious Consideration of this Honourable House:

"That, however the Petitioners are very sensible of the deep Share they have born in the Charge of raising and maintaining that Army; that it is not reformed, recruited, nor the excessive Charge thereof lessened, according to their humble Desires heretofore by them exhibited to both Houses and to his Ex cellency; and that the Strength of the same is much abated; by Means whereof, not only that Noble General hath been disabled to do that further Service therewith, for the Parliament and Kingdom, which (the Petitioners are assured) his Excellency intended; but also the City, to their great Charge, have been extraordinarily burthened by Loans, and other Disbursements, and necessitated to send forth, upon several emergent Occasions, their Trained Bands and other Forces both Horse and Foot.

"Nevertheless the Petitioners, well weighing the inevitable Necessities which have hitherto hindered both Houses of Parliament and his Excellency from putting that Army into such a Posture as in your and their Wisdoms seemed necessary; that the said Army first appeared in Defence of the Parliament, and of our Religion, Laws, and Liberties, that his Excellency's confident Fidelity to, and (fn. 4) Courage in this Cause, and his special Care and Vigilancy for the Safety of this City, is never to be forgotten; and the great Care already taken by an Ordinance of both Houses (published the 22th of this Instant January) for the Well-ordering of the Forces under the Command of the Earl of Manchester, in the associated Counties: The Petitioners (not willing to complain of what they have suffered) are most humbly thankful of what hath been done, by the great Wisdom, Care, and Courage of both Houses of Parliament and his Excellency, for the Preservation of our Religion, Lives, Laws, and Liberties.

"And, to prevent the like Charge and Damage for the future, which the City have undergone heretofore by (fn. 5) several Disbursements, and sending out of Forces, as also to manifest the high Esteem this City hath of his Excellency;

"It is the humble Request of the Petitioners,

"That His Excellency may forthwith have such an Army formed, under his immediate Command, as the present Condition and Safety of the Kingdom requireth.

"That the Train of Artillery, Regiments and Companies of Horse and Foot, in the said Army, may be put under such Commanders and Officers, as shall appear to be well-affected to the Cause, and that have been faithful in their Counsels, and courageous in the Execution thereof; and not under such as have been unfaithful, scandalous, or prophane.

"That (in regard of the Treasure already exhausted from the City and Kingdom, of the great Sums which the Army hath received, of the Lengthening out the War beyond Expectation, and of divers Miscarriages of some in the said Army) there may be such a new Establishment for, and such a Council of War and Discipline in, the said Army, for Time to come, as may tend to the Glory of God, the Encouragement and Defence of His People, procure a Blessing thereupon, and be a Pattern of Reformation to all the rest of the Armies in the Kingdom.

"And your Petitioners shall ever pray, &c.

"Michell."

Order for 100 l. to Mrs. Bastwick.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee at Habberdash'rs Hall do forthwith pay, out of the Monies there, One Hundred Pounds, to the Treasurers at Guildhall, London; and that the said Hundred Pounds be paid by them to the Treasurer at Wars upon Accompt, and by him forthwith paid over to Mrs. Susanna Bastwick (Wife of Dr. Bastwick), or her Assigns, upon Accompt, in Part of the Arrear due unto the said Dr. Bastwick, now Prisoner in Yorke Castle."

Order for 76 l. to Mr. Samaway.

"It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the Committee at Habberdash'rs Hall do forthwith pay, out of the Monies there, Three Score Seven Pounds and Four Shillings, to the Treasurers at Guildhall; and that by them the said Three Score Seven Pounds and Four Shillings be forthwith paid to the Treasurer at Wars, and by him paid to Mr. Salleway, a Member of the House of Commons, or such as he shall appoint to receive the same, in full Payment of the Arrears due unto Mr. John Salloway, One of the Gentlemen of my Lord General's Lifeguard, who died of a Wound he received at the Battle of Newbury."

"An Ordinance of the Lords and Commons in Parliament, concerning the making and swearing of High Sheriffs of Counties.

Ordinance for appointing and swearing Sheriffs.

"Forasmuch as it is of great and important Necessity, for the Public Safety of the Realm, and Execution of Justice, which hath been so long obstructed and hindered by this unnatural War raised against the Parliament, that the Office of High Sheriffs of Counties should be forthwith supplied and settled upon Persons on whose Worth and Fidelity the Parliament and Commonwealth may confide: Be it Ordained, by the Lords and Commons assembled in Parliament, That the several High Sheriffs that now are, or hereafter shall be, nominated (fn. 6) and appointed by the said Lords and Commons, for this Year next ensuing, shall be, and are hereby, authorized to execute the said Office, and to have, use, and enjoy all such Power, Authority, and Jurisdiction, and other Incidents whatsoever belonging to the said Office, in as full and ample Manner as any other High Sheriffs of Counties formerly have, or of Right ought to have, used, exercised, or enjoyed, and as if they had been appointed and nominated at the Time and Place, and in the usual Manner, heretofore accustomed: And be it further Ordained, That, in the Oath which is to be taken by the said High Sheriffs as belonging to their said Office, these Words, videlicet, ["unless ye be otherwise licensed by the King"], shall be altered, and instead thereof the Words shall be, and the Oath so taken, videlicet, [unless ye be otherwise licensed by the Lords and Commons in Parliament"]; and that it shall and may be lawful to and for all or any the said High Sheriffs to go out of their respective Counties, by Licence of the said Lords and Commons, or when and as oft as Need shall require, for the Defence of their said Counties, or Public Safety of the Realm: And it is likewise Ordained, That, in the Writs of Assistance to be granted to the said High Sheriffs, these Words [" Archiepiscopis & Episcopis"] shall be from henceforth left out: And lastly be it Ordained, by the said Lords and Commons, That, for the better Furtherance of the said Service, and the Encouragement of those which shall undergo this great Trust and Employment, that all extraordinary Charges which shall be necessarily incident to the said Office of High Sheriff, in a moderate and reasonable Manner to be expended, shall be defrayed out of the Fines, Amerciaments, and other Profits of the County, which they are accountable for in the Exchequer, the same to be allowed there upon their Accompts, or by such other Ways or Means as shall be thought fit and Ordered by both Houses of Parliament: All which Premises are so Ordained by the said Lords and Commons, upon mature Deliberation, and upon great and urgent Necessity, in these Times of imminent Danger (any Law, Statute, or Usage, to the contrary thereof, in any Wise notwithstanding)."

Adjourn.

House adjourned till 3^a post meridiem.

Post meridiem.

PRAYERS.

Lords present this Afternoon:

Ds. Grey de Warke, Speaker.

Committee of the H. C. Leave to examine the Council Records.

Ordered, That the Committee of the House of Commons, that do manage the Evidence against the Archbishop of Cant. shall hereby have Liberty and Power to peruse and search the Books of the Council Table at Whitehall, or elsewhere; and to take Copies of such Things as (fn. 7) concern the Business of the Archbishop of Cant. And the Earl of Pembrooke is hereby desired to be with them when they go.

Letter from the Isle of Wight, for Martial Law to be executed there, and for a Commander in Chief;

The Earl of Pembrooke acquainted this House with a Letter he received from Captain Carne, in the Isle of Wight, dated 25 January, 1643; shewing, "That, in regard the Ship The Charles is called away, the People there are much discouraged; and that, by reason the Soldiers are unruly, he desires he may have Martial Law to govern them by; and that some Person may be appointed to command in Chief there."

to be communicated to the H. C.

(fn. 8) Ordered, To communicate this Letter and the Papers to the House of Commons, at the next Conference.

Message from thence, for a Conference about the Scotch Business.

A Message was brought from the House of Commons, by Sir Rob't Pye Knight, and others:

To desire a Conference, concerning the Scotts Business.

The Answer returned was:

Answer.

That their Lordships will give a present Conference, as is desired, in the Painted Chamber.

Answer from the H. C.

Sir Rob't Rich and Mr. Page, sent in the Morning to the House of Commons, return with this Message:

That they will give a Conference, as is desired.

Message to them, about the Isle of Wight; and the Ordinance for appointing Sheriffs.

A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:

To desire, at the next Conference, their Lordships may communicate some Letters received from the Isle of Wight; and to let them know, that this House agrees with them in the Ordinance for swearing and giving Power to the Sheriffs.

Order about issuing Money at Haberdashers Hall.

Next was read, the Order concerning the issuing out of Monies at Haberdasher's Hall, brought up this Morning from the House of Commons. (Here enter it.)

Agreed to.

The Messengers (fn. 9) return with this Answer:

Answer from the H. C.

That they are contented to receive, at the next Conference, the Letters concerning the Isle of Wight.

Then this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Order concerning Monies issued at Haberdashers Hall.

"Whereas, by an Order of both Houses of Parliament of the 26th of November 1642, a Committee of Lords and Commons for Advance of Money and other Necessaries for the Armies are intrusted with the Care that the Monies by them raised, and to be raised, be converted and employed according to the Orders and Ordinances of Parliament in that Behalf; and (fn. 10) whereas also the said Committee, upon sundry Exigents and Occasions of Supplies of the Army raised by the Parliament with Monies and Provisions, and for the Relief of several Garrisons and Places, and Salary due to the Collectors and Officers by Ordinances, (fn. 11) hath lately been necessitated to borrow, and hereafter may have Occasion to borrow, divers Sums of Money, of such Persons as shall be willing to advance the same, and to assign Payment out of the deposited Monies in Habberdashers Hall, raised on the Ordinances for the Twentieth Part, and Twentieth and Fifth Part, for the Purposes aforesaid: It is Ordained, That the Treasurers upon the Propositions at Guildhall, London, shall from Time to Time give Acquittances, upon the Public Faith of the Kingdom, for such Sums of Money as have or shall be borrowed or assigned, to be paid as aforesaid, unto such Persons who have or shall pay or deposite the same; and in particular for the Sum of Twenty-three Thousand One Hundred and Forty-six Pounds, Thirteen Shillings, and Four Pence, already borrowed and disposed of for the Purposes aforesaid; as by a Schedule hereunto annexed appeareth.

"Issued out of the deposited Monies at Habberdashers Hall, the Sums following:

Adjourn.

House adjourned till 9^a cras.