Journal of the House of Lords: Volume 6, 1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, videlicet, 8 die Aprilis.
PRAYERS, by . . . . . . .
Lords present this Day:
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Answer from the H. C.
Sir Edward Leech, &c. sent with a Message to the House of Commons on Saturday, return with this Answer:
That the House of Commons do concur in all the Alterations and Additions which their Lordships made in the Ordinance concerning the Lords-day. (Here enter it.)
As to the Letters concerning the Earl of Clare, and the taking off his Sequestration according to the Declaration of both Kingdoms, they will send an Answer by Messengers of their own; and concerning the Earl of Nottingham's Petition, they will send a speedy Answer by Messengers of their own.
Message from thence, with Ordinances.
A Message was brought from the House of Commons, by Mr. Ellis and others;
To desire their Lordships Concurrence in these Particulars following:
1. An Ordinance concerning Power given to the Militia of London, to send forth Forces, for the Service of the Kingdom and Parliament.
The said Ordinance was read Thrice; and it was Resolved, upon the Question, That this House agrees to this Ordinance as it (fn. 1) is now brought up. (Here enter it.)
2. Was read, an Ordinance for providing Timber for the Navy. (Here enter it.)
3. An Ordinance for to give Power to the Commissioners of the Great Seal, to seal a Patent to Charles Fleetwood, to be Receiver of the Court of Wards.
(Here enter it.)
The Answer returned was:
That this House agrees with the House of Commons (fn. 1) in the Ordinances now brought up.
Message from thence, with an Ordinance and Order;
A Message was brought from the House of Commons, by Mr. Recorder of London, &c.
To desire their Lordships Concurrence in these Particulars:
1. An Ordinance for continuing the Excise for Twelve Months longer. (Here enter it.)
2. An Order for paying Eleven Pounds, Four Shillings, and Six Pence, to Olave Keston, Widow to Lieutenant Keston, slain at Worcester. (Here enter it.)
and to sit a while.
3. To desire their Lordships would please to sit a while, for they shall have Occasion to come up to their Lordships with some Business of Importance.
Ordered, To sit a while.
The Answer returned was:
That this House agrees to the Ordinances now brought up; and that their Lordships will sit a while, as is desired.
Declaration of the Lord General.
The Lord General this Day presented to this House a Declaration of his own, which was commanded to be read, as followeth. (Here enter it.)
Committee to go into the City, about recruiting his Army.
Hereupon this House thought it fit to name a Committee of this House, to join with a Committee of the House of Commons, to go to (fn. 2) the City of London, to desire their best Assistance in recruiting the Lord General's Army speedily, and in sending forth some Forces before the King's Forces grow stronger; and this House named these Lords following:
|These Lords to go to the City on Wednesday next, in the Afternoon, at a Common Council.|
Commons to be desired to name a Committee to go with them.
Ordered, To have a Conference with the House of Commons, to desire them to name a Committee of the Members of their House, to join with these Lords, to go to the City on Wednesday next.
Dutch Ambassadors desire an Answer to their Papers, and a Pass to go to the King to take Leave.
The Lord General acquainted this House, "That The States Ambassadors were Yesterday with his Lordship, and expressed unto him how long they had been here, and received no Answer yet to their Paper which they delivered to the Houses of Parliament; and they further desired a Pass from his Lordship, to go to Oxford, to take [ (fn. 2) their Leave] of the King, that so they may go into their own Country; but his Lordship forbore to give them a Pass, until he had acquainted this House with it."
Ordered, To have a Conference with the House of Commons concerning this Business; and the Lord General is to deliver at the Conference what he said here.
Message from the H. C. for a Conference, on the following Subjects.
A Message was brought from the House of Commons, by Sir Walter Erle and others:
To desire a Conference, about sending of Forces out of the City of London; and concerning the Ordinance touching the excluding the Members of both Houses.
The Answer was:
That this House will give a Conference, as is desired, in the Painted Chamber.
Message to them, about communicating somewhat concerning the Dutch Ambassadors.
A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:
To desire that, at the next Conference, they might communicate unto them somewhat concerning The States Ambassadors.
To sit P. M.
Ordered, That this House shall sit at Three of the Clock this Afternoon, about the Answer to be given to The States Ambassadors.
Message to the H. C. to sit then likewise.
A Message was sent to the House of Commons, by Sir Edw. Leech and Doctor Aylett:
To let them know, that this House intends to sit this Afternoon, as is desired, and desire them to sit likewise.
Colonel Davies to be recommended to command in Pembrokeshire.
It was moved, "That in regard of the good Service done to the Kingdom and Parliament by the County of Pembrooke, the House of Commons may be desired, at a Conference, to take them into Consideration, for the good Service they have done; and to propound unto them, that Lieutenant Colonel Davies may be sent down into Pembrookshire, to command there; and to hasten their Resolutions herein, because some Ships are ready to set Sail."
The Messengers return with this Answer:
Answer from the H. C.
That the House of Commons will sit this Afternoon, as is desired.
Message to them, about communicating somewhat concerning Pembrokeshire.
A Message was sent to the House of Commons, by Sie Rob't Rich and Mr. Page:
To desire that, at (fn. 4) the next Conference, their Lordships may communicate something to them concerning the County of Pembrooke.
Archbishop of Canterbury's Trial.
Ordered, That the Trial of the Archbishop of Canterbury is deferred until Friday Morning next, at Nine of the Clock.
The Answer returned from the House of Commons was:
Answer from the H. C.
That (fn. 5) they will give a present Conference, as is desired, concerning the County of Pembrooke.
Paper from the Scotch Commissioners.
The Lord Wharton presented to this House a Paper, which was delivered to him by the Scottish Commissioners; which was read. (Here enter it.)
Ordered, To be communicated to the House of Commons.
The Lords went to the Conference; and this House was adjourned till 9a To-morrow-Morning. (fn. 6)
E. of Essex's Remonstrance, concerning the Situation of his Army.
Upon the Victory God hath pleased to give us against Sir Ralph Hopton, and the Sense I have of my Condition (being General by your Favours), that I am neither able to prosecute this Victory, and that now the Speech is general of His Majesty's taking the Field, and by reason of the long Delay of the recruiting my Army and ill Payment have brought me to, that I am grown the Pity of my Friends, and Contempt of my Enemies, having as yet no Forces to take the Field with, hath inforced me to this following Declaration:
That it grieves me exceedingly to see so fair an Opportunity lost, of prosecuting the Advantage which by God's Goodness we have gotten upon the Enemy at this Time, because the Army is not recruited; so as I am altogether disenabled to move, but must sit still, and see this Opportunity pass from me (I verily believe) of ending the bleeding Miseries of this distractive War; whereas now the Enemy will have Time to recover and repair himself, before I can get into a Condition to advance towards him.
I am the more sensible of it, because some may perhaps hereafter be apt enough to lay a Blame upon me if I be not so soon ready to take the Field, in regard that now the House of Commons hath been pleased to refer unto me the perfecting of the List of the Officers, so as it can stick no more any where else, but the recruiting may go on as I think good, without any Stop or Delay.
My Lords, my Honour calls so fast upon me, that I will not lose a Moment of Time to expedite the Service; but I must beseech you, give me Leave to take Notice of the Lateness of this Liberty which is herein given me, both in Point of Time and Occasion.
First, for the Time; it was after Six or Seven Months that the Ordinance for the recruiting and reforming my Army had been in Agitation; the Ordinances for the Major General of the several Associations being all passed, which received their Beginnings long after mine.
"And the Occasion is so far lost, that whereas the Army should have been long ago in Action, the Spring is even past, and no Army yet in being, whereby many fair Opportunities are slipt of doing Service, or at least preventing Mischiess; and we have received that unhappy Blow before Newark.
I will be bold to say, if I had had an Army, the Enemy durst not have emptied all his Quarters here, to have sent such Forces thither, so as that Mischief had been prevented, and Newark might now have been ours, which would have cut off all Correspondency and Intercourse between Oxford and my Lord of Newcastle; and the Scotts Army would have found the Fruit of it.
Nor had we set all at Stake, and played our Rest so lately; for, had Sir Wm. Balfoure and Sir Wm. Waller been beaten, what Reserve had we to oppose the Fury of a conquering Enemy? what Interposition between the devouring Sword, and the Parliament, the City, nay the Being of Religion, and all the Happiness both of present and future Times?
Truly, I tremble to think how near we were to the very Precipice of Destruction; and you must pardon my Expressions, I speak it not with the least Reflection upon the Proceedings of either House; I reverence them, I submit unto them; but the Duty of my Place, and of that Trust you have reposed in me, requires it at my Hands. You see what our Weakness is; it hath given Occasion to the Enemy to enlarge his Quarters, watch his Advantages, scour from the West to the North, cross all our Enterprizes; Newarke is not taken, Lyncolnshire is lost, Glouc. is unsupplied; and the last Week there was but a Step between us and Death and (what is worse) Slavery.
And I observe the Seas have been, and still are, open to them out of Irel. as they please; and I fear we shall have all those bloody Rebels come to exercise their barbarous and heretofore unheard-of Cruelties in this miserable Kingdom. My Lord Admiral is best able to discover where the Fault hath been. The Houses are the only Judges whence cometh all these Obstructions by Sea and Land.
For my Part, as I first engaged myself in this Cause, and undertook this Service, with an honest and single Heart, without any particular End of my own, but merely to serve my Country, and defend Religion and Liberty, in which Cause both Houses of Parliament and the good Party of the whole Kingdom have solemnly protested to live and die with me, which hath kept up my Spirits all this while, and would not suffer me to lay down my Commission notwithstanding all my Discouragements, I being not conscious to myself of giving the least Offence to any, unless it were for executing my Place as General, in that which my Conscience told me was my Duty; so I shall be ready still to prosecute it with the utmost of my Endeavours, and desire no longer to live than I shall be faithful in it; and though you have been pleased to reduce my Army to Seven Thousand Five Hundred Foot and Three Thousand Horse, when my Lord of Manchester is allowed an Army of Fourteen Thousand, and receives Thirty-four Thousand Pounds a Month for the Pay of it, since it is done by you, I submit; and with them, or a lesser Number if it be your Pleasures, I will, as I have several Times already, adventure my Life for the Service of this Cause.
And therefore have I at present opened myself in this Manner unto your Lordships, desirous something may be done to make Use of this Prize which God hath put into our Hands, that it be not altogether made fruitless unto us; and the best Way I think will be, to acquaint the City of London with it, which (under God) hath had so great a Share in the Preservation of this Parliament, hath so gallantly stood by us in all our Difficulties, and so cordially and freely exposed itself for the Advancement of all good and honourable Designs, in promoting of the Public Service, and desire them to be helpful unto me in the speedy recruiting of my Army.
And haply, if now they would be persuaded to send out a considerable Force, to join with all such as we shall draw forth out of the South Parts of the Kingdom before the Enemy can rally, we might, through God's Blessing, so well husband the present Occasion, as might give us fair Hopes to set an End to all our Sufferings, and see our Endeavours crowned with a happy and glorious Peace. I confess, I cannot tell how to desire this of them with such Importunities as otherwise I would, because they have done so much already in this Kind, and have so often testified their Affections both to the Cause and myself in Particular, with great Expence both of their Treasure and Blood; but, if they will do it, I shall most chearfully engage myself, my Life and Fortunes, with them; and to this End I desire a Committee of this House, if your Lordships please, which, with such as the House of Commons shall think fit to join with them, may go into the City, to move them to this Purpose."
Paper from the Scotch Commissioners, for an Answer to One from them, about Supplies for their Armies in the North and in Ireland.
"Havinge so fully remonstrat the Necessities of the Scottish Armys in England and Irel. by our Paper of the 3d of this Month, and beinge informed since, by Letters from the Lord Chauncellor of Scotland, that the Convention of the Estates doth meete againe upon the 10th of this Instant, where they will certainly expect to heare from us of the last Resolutions of the Parliament concerninge the Supply of theise Armies, answerable to their Necessities, especially that in Irel. after Foure Months Attendance of their Answer to the principall Results sent hether from the Committees of both Kingdomes on the 28th of Novem. last; wee againe do earnestly desire your Lordships, and these noble Gentlemen, to represent to the Honourable Houses the urgent Necessity of consideringe the Report of this Committee, concerninge the present Supply and future Subsistance of that Army, or of transportinge and disposinge of them otherwise to the Good of both Kingdomes, and of dispatchinge the last Resolution of the Honourable Houses concerninge the one or the other to the Convention of the Estates of Scotland before they dissolve, and also to that Army, least, havinge indured as much Hardnes as ever Men have don, and knowinge their subsequent Enterteynment to be impossible from the Kingdome of Scotland, who are exceedingly exhausted by supplyinge them hetherto, and to that Effect have constreyned every one that hath Money or Creditt to contribute his Meanes or private Suerty for their Maintennance, and not hearinge of nor receivinge any Money or Provision from Engl. who by Treaty engaged them in that Service, they, by extreame Misery and Discontentment, after Two and Twenty Months Attendance in vane, be driven into such Resolutions as may be more greivous to both Kingdomes then their presente Maintennance, which may be so easily prevented by the tymeous Answer and Supply of the Parliament, for their Maintennance and Imployment in Irel. or any where els; all which we are necessitat to represent for our Exoneration, and to free ourselves of whatsoever Inconveniences may fall out through any further Obstructions and Delayes (fn. 7) in that Busines, if any shall be (which God forbid); and withall, from the sad Experience of their Wants, earnestly to intreate that some speedy Course be taken for present supplying the Scottish Army in England with a considerable Sume, and a solid Way tymously layd down for their further Enterteynment, conforme to the Treaty, least they also be reduced to the like Miseries and Extreamities; which not prevented, will prove of sad Consequence to both Kingdomes.
April. 8, 1644.
Jo. Cheislie, Cler. Commiss."
Committee of the Militia of London authorized to send Forces to join the Armies under the Earl of Essex, &c.
It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Committee of the Militia of the City of London shall have Power, and is hereby authorized, from Time to Time, to command so many of the several Regiments of the Trained Bands, and of the Auxiliaries, and Troops of Horse, or other Forces, raised, or to be raised, under their Command, within the Cities of London and Westm. Lines of Communication, and Parishes mentioned in the Weekly Bills of Mortality, as to them shall seem convenient, to march, under the Conduct of such Person or Persons as the said Committee of the Militia shall think fit to lead and conduct them, for the Defence of the Parliament, Cities of London and Westm. and Parts adjacent, into any Parts or Places of the Kingdom of England, and Dominion of Wales, to assist the Forces under the immediate Command of his Excellency the Earl of Essex, the Earl of Manchester, Sir Wm. Waller, or any other Forces raised, or to be raised, for the Defence of the King and Parliament, by the Advice and Consent of both Houses of Parliament, or the Committee of both Kingdoms: And it is further Ordained, That the said Committee of the Militia shall have Power, and is hereby authorized, to cause all or any of the said Forces to march, with their Colours, to any Place or Places aforesaid, and not to depart from the same without Licence from their Captains; and to impose reasonable Fines, or to imprison all Colonels, Lieutenant Colonels, Serjeant Majors, Captains, and other Officers and Soldiers whatsoever, under their Command, whether Masters or Servants, as shall difobey the Commands or Directions of the said Committee of the Militia, from Time to Time, as they shall think fit; or otherwise to proceed against them according to the Course of War: And it is further Ordained, by the said Lords and Commons, That the said Committee of the Militia shall have Power, and is hereby authorized, to call back all such Forces as they shall appoint to march forth by virtue of this Ordinance, when they shall think fit: And it is further Ordained, That such Forces as shall be sent forth as aforesaid shall be paid by the Parliament for the Time they shall continue abroad, according to the new Establishment of the Army under the immediate Command of his Excellency the Earl of Essex; and the said Committee, and all other Persons acting in the Premises according to the Intent of the said Ordinance, shall be saved harmless, by Authority of Parliament."
An Ordinance for selling of Timber Trees, in Waltham Forest, for the Use of His Majesty's Navy Royal.
Ordinance to sell Timber in Waltham Forest, for the Use of the Navy.
"The Lords and Commons assembled in Parliament, having received Information that there are to the Quantity of about Six Hundred Timber Trees, in His Majesty's Forest of Waltham, fit and useful for several Services, as Wall-pieces, Planks, Tree-nails, &c. for His Majesty's Navy Royal, which (unless some speedy Course be taken for the felling, cutting, and bringing of them away, for the Use aforesaid) are like to be cut down and destroyed, by divers Persons, who presume to do what they list in these Times of Distraction, do thereupon Order and Ordain, That it shall and may be lawful for Peter Pett and Henry Goddard, Master Shipwrights to His Majesty's Navy Royal, and Robert Clement Husband of the said Navy, or any Two of them, with the Approbation, Consent, and Allowance, of Sir Henry Halcroft, Sir Henry Mildmay Knight, Sir William Martin Knight, Cary Mildmay, and Lake, Esquires, and John Dandy Gentleman, or any Two of them, to enter into the said Forest, and there to mark out, fell, cut, and carry away, or cause to be felled, cut, and carried away, Three Hundred of the said Trees, or so many of them as the said Sir Henry Halcroft, Sir Henry Mildmay, Sir William Marten, Knights, Cary Mildmay and Lake, Esquires, and John Dandy, or any Two of them, shall think fit for the present Occasions of the Navy as aforesaid; and they are hereby required to acquaint the Woodward belonging to the said Forest herewith from Time to Time, who is likewise required to attend the said Service, and to see that no Waste be made therein."
Receiver General of the Court of Wards.
"For the speedier levying of the Revenue within the Survey of the Court of Wards and Liveries, it is Ordained, by the Lords and Commons assembled in Parliament, That the Commissioners of the Great Seal of England shall forthwith pass a Patent, in Form usual, under the Great Seal, of the Office of the Receiver General of the said Court of Wards and Liveries, unto Charles Fleetwood Esquire."
Ordinance to continue the Excise a Year longer.
"Whereas the Lords and Commons in Parliament assembled have found it necessary to continue the several Rates and Charges of Excise and new Impost, mentioned and expressed in an Ordinance of both Houses dated the 11th of September last: Be it hereby Ordained, by the said Lords and Commons in Parliament assembled, That the said Ordinance of the 11th of September last, and every Clause, Sentence, and Article, therein contained, and now in Force, and the several Rates of Excise and new Impost imposed and directed by the said Ordinance, or any other Ordinance or Ordinances concerning the Government and Ordering of the Excise since made, which at present are in Force, shall continue and be received upon all and every the Commodities therein mentioned and charged, throughout the Realm of England and Dominion of Wales, and Town of Berwicke, for One whole Year longer, to commence from the 11th of September next ensuing the Date hereof: And it is further hereby Ordained and Declared, That John Towse Esquire, Alderman of the City of London, Thomas Foote Esquire, Alderman of the City of London, John Kendrick Esquire, Alderman of the City of London, Thomas Mullum Esquire, Alderman of the City of London, Symon Edmonds, John Lamott, and Edward Claxton, of the said City of London, Esquires, the present Commissioners of the Excise, shall remain and continue chief Commissioners and Governors of the whole Office and Receipts of the Excise and new Impost, in and through the whole Kingdom of England, and Dominion of Wales, and Town of Berwick; and shall and may do and execute, and cause to be done and executed, all and every the Clauses, Articles, and other Things whatsoever, ordained, mentioned, and contained, in the said Ordinance of the 11th of September last, or in any other Ordinance or Ordinances concerning the Excise which at present are in Force, in the same Manner and Form as they are directed and authorized thereby to do and execute, for and during the said Term of One Year longer, to commence from the 11th of September next following, as aforesaid, with the like Allowance as at present, of Six Pence upon every Twenty Shillings raised and levied out of the Receipts of the Excise and new Impost: And forasmuch as the said John Towse Esquire, Alderman of the said City of London, and the rest of the said Commissioners of Excise and new Impost, have, for and towards the present Recruit of the Army under Command of his Excellency the Earl of Essex, advanced and lent the Sum of Ten Thousand Pounds, be it hereby Ordained, by the said Lords and Commons in Parliament assembled, That the said Commissioners of Excise shall and may pay the said Sum of Ten Thousand Pounds unto Sir Gilbert Gerrard Knight, Treasurer at Wars, for the Use aforesaid, whose Receipt shall be a sufficient Discharge unto them, and every of them: And it is hereby further Ordained, That the said Commissioners of Excise shall and are hereby authorized to satisfy and reimburse themselves of the said Ten Thousand Pounds, with Interest after the Rate of Eight per Cent. for so long Time as the same or any Part thereof shall remain unpaid, within such Invervals of Time as other Assignments already charged by Ordinance or Ordinances of Parliament upon the said Office of Excise shall not happen to fall due, in such Order of Time as the same are to be paid; and for their so doing, this shall be their sufficient Warrant and Discharge; any Ordinance or Ordinances to the contrary notwithstanding."
Lieutenant Keston's Window, 11l. 4s. 6d.
"Ordered, by the Lords and Commons, That the Committee at Habberdash'rs Hall do pay the Sum of Eleven Pounds, Four Shillings, Six Pence, (being the Arrear of Pay due to Lieutenant Keston, slain at Worcester) to Olave Keston, his Widow."
(fn. 8) "An Ordinance of the Lords and Commons assembled in Parliament, for the better Observation of the Lords-day.
Ordinance for a strict Observation of the Sabbath:
"Forasmuch as the Lords-day, notwithstanding several good Laws heretofore made, hath been not only greatly prophaned, but divers ungodly Books have been published, by the Prelatical Faction, against the Morality of that Day, and to countenance the Prophanation of the same, to the manifest Endangering of Souls, Prejudice of the true Religion, great Dishonour of Almighty God, and Provocation of His just Wrath and Indignation against this Land:
The Lords and Commons, for Remedy thereof, do Order and Ordain, and be it Ordered and Ordained, That all the Laws enacted, and in Force, concerning the Observation of the Lords-day, be carefully put in Execution: and that all and singular Person and Persons whatsoever shall, on every Lords-day, apply themselves to the Sanctification of the same, by exercising themselves thereon in the Duties of Piety and true Religion, publicly and privately; and that no Person or Persons whatsoever shall publicly cry, shew forth, or expose to Sale, any Wares, Merchandizes, Fruit, Herbs, Goods, or Chattels whatsoever, upon the Lords-day, or any Part thereof, upon Pain that every Person so offending shall forfeit the same Goods, so cried, shewed forth, or put to Sale; and that no Person or Persons whatsoever shall, without reasonable Cause for the same, travel, carry Burthens, or do any Worldly Labours or Work whatsoever, upon that Day, or any Part thereof, upon Pain that every one travelling contrary to the Meaning of this Ordinance shall forfeit for every Offence Ten Shillings of lawful Money; and that every Person carrying any Burthen, or doing any Worldly Labour or Work, contrary to the Meaning hereof, shall forfeit Five Shillings of like Money for every such Offence.
"And be it further Ordained, That no Person or Persons shall hereafter, upon the Lords-day, use, exercise, keep, maintain, or be present at, any Wrestlings, Shooting, Bowling, Ringing of Bells for Pleasure or Pastime, Masque, Wake otherwise called Feasts, Church-ale, Dancing, Games, Sport, or Pastime whatsoever, upon Pain that every Person so offending, being above the Age of Fourteen Years, shall lose and forfeit Five Shillings for every such Offence.
"And be it further Ordained, That all and singular Person and Persons, that have the Care, Government, Tuition, or Education, of any Child or Children, under or within the Age of Fourteen Years, shall forfeit and lose Twelve Pence for every of the said Offences that shall be committed by any such Child and Children.
"And because the Prophanation of the Lords-day hath been heretofore greatly occasioned by May-poles (a Heathenish Vanity, (fn. 9) generally abused to Superstition and Wickedness), the Lords and Commons do further Order and Ordain, That all and singular May-poles, that are, or shall be erected, shall be taken down and removed, by the Constables, Borsholders, Tything-men, Petty Constables, and Churchwardens, of the Parishes and Places where the same be; and that no May-pole shall be hereafter set up, erected, or suffered to be, within this Kingdom of England, or Dominion of Wales: And it is further Ordained, That if any of the said Officers shall neglect to do their Office in the Premises within One Week after Notice of this Ordinance, every of them for such Neglect shall forfeit Five Shillings of lawful Monies, and so from Week to Week, Weekly, Five Shillings more afterwards, till the said May-pole shall be taken down and removed.
And that, if any Justice of the Peace of the County, or the chief Officer or Officers, or any Justice of the Peace, of or within any City, Borough, or Town Corporate, where the said Offences shall be committed, upon his or their View, or Confession of the Party, or Proof of any One or more Witnesses by Oath (which the said Justice, chief Officer or Officers, is by this Ordinance authorized to minister), shall find any Person offending in the Premises, the said Justice, or chief Officer or Officers, shall give Warrant, under his or their Hand and Seal, to the Constables or Churchwardens of the Parish or Parishes where such Offence shall be committed, to seize the said Goods cried, shewed forth, or put to Sale as aforesaid, and to levy the said other Forfeitures or Penalties by Way of Distress and Sale of the Goods of every such Offender, rendering to the said Offenders the Overplus of the Money raised thereby, and, in Default of such Distress, or in Case of Insufficiency or Inability of the Offender to pay the said Forfeitures or Penalties, that the Party offending be set publicly in the Stocks, by the Space of Three Hours: And all and singular the Forfeitures or Penalties aforesaid shall be employed and converted to the Use of the Poor of the Parish where the said Offences shall be committed; saving only, that it shall and may be lawful to and for any such Justice, Mayor, or Head Officer or Officers, out of the said Forfeitures or Penalties, to reward any Person or Persons that shall inform of any Offence against this Ordinance, according to their Discretions, so as such Reward exceed not the Third Part of the Forfeiture or Penalties.
And it is further Ordained, by the said Lords and Commons, That the King's Declaration concerning observing of Wakes, and Use of Exercise and Recreation upon the Lords-day, the Book intituled, "The King's Majesty's Declaration to His Subjects, concerning lawful Sports to be used;" and all other Books and Pamphlets that have been, or shall be, written, printed, or published, against the Morality of the Fourth Commandment, or of the Lords-day, or to countenance the Prophanation thereof, be called in, seized, suppressed, and publicly burnt, by the Justices of Peace, or some or One of them, or by the chief Officer or Officers aforesaid, in their several Limits, or by their Warrant or Command.
Provided, and be it Declared, That nothing in this Ordinance shall extend to the prohibiting of dressing of Meat in private Families; or the dressing and Sale of Victuals in a moderate Way in Inns or Victualing-houses, for the Use of such as cannot otherwise be provided for; or to the crying or selling Milk before Nine of the Clock in the Morning, or after Four of the Clock in the Afternoon, from the 10th of September, till the 10th of March, or before Eight of the Clock in the Morning, or after Five of the Clock in the Afternoon, from the 10th of March till the 10th of September.
And whereas there is great Breach of the Sabbath, by Rogues, Vagabonds, and Beggars, it is further Ordained, That the Lord Mayor of the City of London, and all Justices of Peace, Constables, Churchwardens, and other Officers and Ministers whatsoever, shall, from Time to Time, cause all Laws against Rogues, and Vagabonds, and Beggars, to be put in due Execution; and take Order that all Rogues, Vagabonds, and Beggars, do, on every Sabbath-day, repair to some Church or Chapel, and remain there soberly and orderly, during the Time of Divine Worship.
And that all and singular Person and Persons, that shall do any Thing in the Execution of this Ordinance, shall be protected and saved harmless, by the Power and Authority of Parliament.
And be it further Ordained, That this Ordinance be printed and published, and read in all Parish Churches and Chapels, before the Sermon in the Morning, on some Lords-day, before the First of May next on the South Side of Trent, and before the First of June next on the North Side of Trent.
Hen. Elsynge, Cler. Parl. D. Com.
Die Sabbati, 6 April. 1644.
Ordered, by the Lords and Commons assembled in Parliament, That this Ordinance be printed and published, and read in all Churches and Chapels, before the Sermon in the Morning, on some Lordsday, before the First of May next on the South Side of Trent, and before the First Day of June next, on the North Side of Trent.
Hen. Elsynge, Cler. Parl. D. Com."
House adjourned till 3 a post meridiem.
PRAYERS, per (fn. 10) Mr. Clayton.
Ds. Grey de Warke, Speaker.
L. Viscount Say & Seale.
Ordinance for Mr. Chadwell, to be an Officer of the Court of Wards, sent to the H. C.
An Order was read, for appointing Tho. Chadwell to be Maker of the Writs of Diem clausit extremum in the Court of Wards and Liveries, in the Place of John Mosten; which was Agreed to, and Ordered to be sent down to the House of Commons, to desire their Concurrence therein.
And accordingly a Message was sent down with (fn. 11) it, by Sr Rob't Rich and Mr. Page.
Report of the Conference, concerning sending Forces from London.
Next, the Speaker reported the Effect of the Conference with the House of Commons this Morning; which was, "To communicate some Votes to their "Lordships, wherein they desired Concurrence:"
The Votes were read, as followeth:
Votes for collecting all the Forces, to give a decisive Battle.
"1. That the Ministers within the several Parishes of London and Westm. Line of Communication, and Bills of Mortality, do To-morrow (being the Day of Thanksgiving for the great Victory over Sir Ralph Hopton's Forces) publish in their several Churches the Resolution taken by the Parliament, to draw all their Forces together, and pursue this Victory, and put it to a Day, and fight with the Enemy, to put a speedy Issue (by the Blessing of God) to these lingering Miseries; and to exhort the People to contribute to the utmost for the sending forth what possible Strength can be had.
2. That their Lordships would join with the House of Commons, in a Message to the Lord Mayor, to desire him to call a Common Hall, to meet Tomorrow, at Four of the Clock.
3. It was desired, that their Lordships would nominate a Committee, to join with a Committee of this House, to go to the Common Hall To-morrow, at Four of the Clock, to acquaint the City with the Resolutions of the Parliament, of gathering their Forces together, to pursue their late Victory; and to endeavour, by putting it to a Day (by God's Blessing), to put a speedy Issue to these lingering Miseries, and to encourage the City to send forth what Assistance and Force they can, for the Advance of this so important Service.
4. That a Letter be written from both Houses, to be sent into the several Counties, to acquaint them (fn. 12) with the great Expedition the Parliament is now upon; and to desire them, in regard their Persons will be excused, to send unto the Army Provisions of Corn, Butter, and Cheese, and Horse for Draught Horses, in such Proportions, and at such Time and Places, as they shall be required and directed, by the Committee of both Kingdoms, or by my Lord General.
5. That it be referred to the Committee of both Kingdoms, to confer and consult with my Lord General, and to appoint, from Time to Time, the Proportions, Times, and Places, that the Counties shall be required to send in to the Army the Provisions of Corn, Cheese, Butter, and Horses."
Ordered, (fn. 13) That this House agrees with the House of Commons in all these Votes; and appoints the Committee named this Morning to go, with the Committee of the House of Commons, to the Common Hall Tomorrow, at Four of the Clock.
Next, the Draught of the Letter to be sent to the several Counties was read, and approved of.
(Here enter it.)
Answer from the H. C.
The Messengers return with this Answer from the House of Commons:
That they will send an Answer, by Messengers of their own, concerning the Ordinance touching Mr. Chadwell.
Message to them, about the late Conference.
A Message was sent to the House of Commons, by Sir Rob't Rich and Mr. Page:
To let them know, that this House agrees to all the Matters of the last Conference, excepting that which concerns the Ordinance for excluding the Members of both Houses; and that their Lordships have nominated a Committee of Eight Lords, to join with a proportionable Number of the House of Commons, to go to the Common Hall To-morrow, at Four of the Clock.
Kendall to be released upon Bail.
Ordered, That Mr. Kendall, now a Prisoner in Newgate, shall be released of his Imprisonment, giving sufficient Security, in a Bond of Five Hundred Pounds, not to publish any of his Opinions, either in the Prison or elsewhere, contrary to the Doctrine of the Church of England.
Message from the H. C. for a Conference, concerning the Papers from the Dutch Ambassadors.
A Message was brought from the House of Commons, by Sir Peter Wentworth, &c.
To desire a Conference, concerning the Papers of The States Ambassadors.
The Answer returned was:
That their Lordships will give a present Conference, in the Painted Chamber, as is desired.
The Lords went to the Conference, and the House was adjourned during Pleasure; which being ended, the House was resumed.
Report of the Conference.
The Speaker reported the Effect of the Conference; which was, "That the House of Commons have considered of an Answer to be given to The States Ambassadors, wherein they desire their Lordships Concurrence; and they leave it to their Lordships to direct the Manner of delivering of it to them:
The Lords and Commons assembled in the Parliament of England, having seen Two Papers delivered to the Speakers of each House, the One with a Memorandum, in these Words, "Delivered by the Ambassadors of the said Lords States, unto Monsieur the Baron Gray of Wark, Speaker, to be communicated to the Lords of the Parliament, this 14th of March, 1643:" The other with a Memorandum in these Words, "Delivered by the Ambassadors of the said Lords States, unto Mr. William Lenthall Esquire, Speaker, to be communicated to Sirs Commons of Parliament, this Fourteenth of March, 1643;" do think fit this Answer be returned thereunto:
Answer to the Papers from the Dutch Ambassadors.
That the Lords and Commons assembled in the Parliament of England will always with due Respect acknowledge such good Affections, as from the Lords The States Generall of The United Provinces of the Low Countries shall at any Time be expressed to the King and His Kingdoms; professing they desire nothing more, than such a Peace as may as well procure Honour and Happiness to the King, as the Preservation of the true Reformed Religion, the Privileges of the Parliament, and the Liberties of the Subject, in His Majesty's Three Kingdoms, according to their late Solemn League and Covenant; and when they shall, from and in the Name of the said Lords The States Gennerall of the United Provinces, propose any Thing to the Lords and Commons assembled in the Parliament of England, they will do thereupon that which shall be fit."
This (fn. 14) House approved of this Answer; and appointed the Earl of Kent and the Lord Viscount Say & Seale to give it to The States Ambassadors, from both Houses of Parliament.
Circular Letter to the Counties, to send Supplies for the Army, at the general Rendezvous at Ailesbury, for a decisive Battle.
That, by the Blessing of God, there may come an End to the Distractions and Miseries that are upon this whole Kingdom, and which, if they should continue longer, would bring total Ruin and Devastation, the Parliament being very sensible thereof, and desirous to apply Means which may be most effectual for the reducing this Kingdom to its former Peace, have Resolved, That the Forces which are immediately under my Lord General's Command; the Forces of the associated Counties, the City, and others now scattered and divided in small Parties, shall be brought into One Body; and have appointed a General Rendezvous, upon Friday the 19th of this present Month, at Aylesbury; and because so great a Number of Horse and Foot cannot march into those Places which will most advantage the Design, without a great Supply of Victuals for the Soldiers, and Horse-meat, and that there will be Want of Horses for mounting Musketeers, for Carriages, and other Occasions incident to an Army; they therefore desire your County to provide Victuals, Horse-meat, and Horses, to be sent for the Army, in such Proportions and Numbers, and in such Manner, as shall be signified unto you by the Committees of both Kingdoms, or by my Lord General, for which Order shall be taken that they shall be paid: Herein they expect a Return with a greater Chearfulness, not having (in a Business so nearly concerning the Peace and Safety of the Kingdoms) desired that you should be put to any further Charge of raising new Forces, or of coming yourselves in Person.
By the Command of both Houses, we give you Notice of these Things; and remain."
Westm. the 8th of April, 1644.
House adjourned till 3 a cras, post meridiem.
Lords present this Day:
Ds. Grey de Warke, Speaker.
House adjourned till 9 a cras.