House of Lords Journal Volume 7: 23 April 1645

DIE Mercurii, 23 die Aprilis.

PRAYERS, by Mr. Wilson.

Ds. Grey de Warke, Speaker.

Answer from the H. C.

Sir Edward Leech and Mr. Page return with this Answer to the Message sent Yesterday to the House of Commons;

That they agree to the Alterations in these Ordinances:

1. Concerning the settling Ministers in the North.

(Here enter it.)

2. Concerning the Martial Law for Kent.

(Here enter it.)

3. Concerning the naming of the Lieutenant of The Tower of London. (Here enter it.)

As concerning Prince Rupert's Letter, they will take (fn. 1) it into Consideration.

Goodwin and Burges's Ordinance.

The Ordinance was read the Third Time, for settling Mr. Phillip Goodwin at Watford, and Dr. Burges in Paules; and Agreed to.

(Here enter it.)

Browne and Baker's Petition, for Upholstery for this House.

Upon reading the Petition of Oliver Browne and John Baker, His Majesty's Upholsterers; desiring, "That some Course may be taken, that they may receive their Monies disbursed by them, and for which they stand engaged, for the Service of this House."

It is Ordered, That it be recommended to the House of Commons, that some Course may be taken for their Satisfaction.

List for the Pay of Sir T. Fairfax's Army.

Next, was read a List, for the Pay and Entertainment of the Army under the Command of the Right Honourable Sir Thomas Fairfax Knight, videlicet, of the Officers General of the Field, Officers General of the Train, and of the Officers General of the Horse, of Eleven Regiments of Horse with their Officers, Twelve Regiments of Foot with their Officers, a Regiment of Dragoons with the Officers, their several Entertainment by the Day, the Month of Twenty-eight Days. The Total Sum of this List is Six Hundred Twenty-three Thousand Five Hundred Twenty-three Pounds; Twelve Shillings, per Annum.

Ordered, That this (fn. 1) House approves and allows of this List.

List of the Officers, &c. belonging to his Train of Artillery, and their Pay.

The List of the Officers, Attendants, and Artifieers, belonging to the Train of Artillery, together with their several Entertainments by the Day, the Month of Eight and Twenty Days, and the Year the same, to begin with the extraordinary Charges incident to the Train, was read, and approved of, and allowed of by this House. (Here enter it.)

Lord Blaney's Petition, for 3000l. Part of his Arrears in Ireland.

Upon reading the Petition of Henry Lord Blayney, Baron of Monnaghan, in the Realm of Ireland; shewing, "That he hath served this Three Years and Four Months in Ireland, yet never received more than One Hundred Pounds and Sixteen Shillings; therefore humbly prayeth, that both Houses would grant him the Public Faith for Three Thousand Pounds out of his Arrears, for Maintenance of his Credit."

And it is Ordered, That this Petition be recommended to the House of Commons.

Col. Acheson released from an Arrest.

Upon reading the Petition of James Acheson, Lieutenant Colonel; shewing, "That he hath served the State of England, under Sir John Meldram; that there is due unto him One Hundred and Fifty-seven Pounds, Ten Shillings; yet he is arrested for Thirteen Pounds, upon a Bond, and detained in Prison by one Clinckard, a Bailiff, in Westm. and is not able to satisfy his Debt, for Want of his Arrear."

It is Ordered, That, in regard the Petitioner is in Service of the State, (fn. 2) he shall be released from his present Restraint; and that the Debt shall be paid out of the First Monies he receives of his Arrears.

"An Ordinance of the Lords and Commons assembled in Parliament, for the settling of Mr. Phillip Goodwin in the Vicarage of Watford, and of Dr. Burges in the Public Lecture of the Church of Paule's, London.

Ordinance for settling Mr. Goodwin in the Vicarage of Watford, and Dr. Burges in the Public Lecture of St. Paul's, London.

"Whereas the Lords and Commons in Parliament assembled did, by an Order of the 16th of December, 1643, appoint and constitute Dr. Cornelius Burges, Vicar of Watford, in the County of Hertford, to be Public Lecturer in the Church of Paule's, London; and, for his Encouragement therein, did further Order, That Four Hundred Pounds per Annum should be paid unto him, Quarterly, out of the sequestered Estates of the Dean and Dean and Chapter of the said Church; and whereas, by another Order of both Houses of Parliament, of the 12th of March, 1643, the Lord Mayor of London and Court of Aldermen there are appointed and authorized to seize, and sequester into their Hands, the Houses, Rents, and Revenues, of the said Dean, Dean and Chapter, and other Prebendaries, Officers, and Ministers, belonging to the said Cathedral Church, in Right of the said Church; and that, out of the said Revenues, they should pay to the said Dr. Burges One Hundred Pounds, at the End of every Quarter of the Year, the First Payment to begin at the then next Lady-day, and thence to continue; and moreover, that they should set out and deliver unto him a good and convenient House, for his Dwelling, well repaired and fitted for his Use; which is done accordingly, as by the said Orders among other Things appeareth: It is now Ordered and Ordained, and be it Ordered and Ordained, by the said Lords and Commons, That the said Church of Watford shall be void and quit of the said Dr. Burges; and that Phillip Goodwin shall be from henceforth Vicar of Watford, and officiate the said Cure as Vicar thereof, and shall have and receive to himself all Tithes, Oblations, Pensions, Annuities, Houses, Duties, Profits, and Commodities whatsoever, thereto belonging, from the 25th Day of December, 1643, he discharging the Cure, and paying all Payments and Duties issuing thence from the Time aforesaid, for and during his Natural Life, in as ample Manner to all Intents and Purposes as the said Dr. Burges, or any other Vicar, heretofore enjoyed the same, without any further Presentation, Admission, or Induction: And it is also Ordained, and be it Ordained, by the said Lords and Commons in Parliament, That the said Yearly Allowance of Four Hundred Pounds shall be well and constantly paid, out of the said Revenues of the said Church, to the said Dr. Burges, Quarterly, as aforesaid, by the said Lord Mayor and Court of Aldermen, for and during his Natural Life, he performing the Lectures in the said Church, as by the said Lords and Commons he is Ordered to do: And it is likewise Ordained, That the said Dr. Burges shall have and enjoy the House set out by the said Lord Mayor and Court of Aldermen for his Dwelling, situate and being in or near Paules Church Yard, and late in the Possession and Use of Dr. Steward, Dean of Paules, together with all Out-lets, Easements, Commodities, Gardens, and Appurtenances, thereto belonging, in as ample Manner as the said Dr. Steward, or any other before him, enjoyed the same, for and during the Natural Life of him the said Dr. Burges: And for the more certain Payment of the said Annual Sum of Four Hundred Pounds to the said Dr. Burges as aforesaid, be it further Ordained, by the said Lords and Commons in Parliament, and by the Authority of the same, That all and every Farmer, Tenant, Lessee, and every other Person and Persons, within the Kingdom of England and Dominion of Wales, who do or shall owe, or ought to pay, any Rents, Issues, Fines, Heriots, Profits, Sum or Sums of Money, or aught else reserved upon any Lease, Covenant, or Agreement, to the said Dean, Dean and Chapter, or other Prebendaries, Officers, or Ministers of the said Cathedral Church, in Right thereof (except for the House and Premises granted to the said Dr. Burges as aforesaid), shall from Time to Time pay the same, and all Arrearages thereof, unto the said Lord Mayor and Aldermen, or to their Sub-committee, Assistants, or other Person or Persons by them authorized to receive the same, as it is or shall grow due, and to no other Person or Persons whatsoever; and that the Acquittance of such Receiver thereof, under his Hand, shall be a sufficient Discharge to every Person so paying the same, against all other Persons whatsoever, any Reservation, Covenant, Proviso, or other Thing, to the contrary notwithstanding; and that the said Lord Mayor and Court of Aldermen, their Sub-committee or Assistants, or any Four or more of them, shall hereby have and use the same and the like Power, Authority, and Assistance, for, and in the Discovery, seizing, and getting into their Hands, all and every the Premises (except before excepted), as they are or shall become due, and all Arrearages thereof, as is granted by any Ordinance of Parliament, or Explanation thereof, to any other Sequestrators, or Committee for Sequestrations, of the Estates of Papists and other Delinquents, as if the said Lord Mayor, Aldermen, their Assistants, Sub-committees, and Receivers, and every of them, had been particularly named in such Ordinance or Explanation; and that, out of the said Rents, Issues, Revenues, and Profits, so from Time to Time received, the Receiver or Treasurer thereof for the Time being shall, at the End of every Quarter of the Year, pay the full Sum of One Hundred Pounds lawful Money to the said Dr. Burges, constantly, during his Natural Life, without further or other Order or Warrant from any Person or Persons whatsoever, before the said Treasurer issue or pay out any other Sum or Sums of Money, out of the premised Rents or Revenues, to any other Person or Persons, for any other Matter, Cause, or Thing whatsoever; and that all and every Person and Persons that (fn. 3) have done, or shall do, any Thing in Pursuit of, or Obedience to, the said former Order of the 12th of March, 1643 (which Order is hereby Ordained also to be still in Force, and to be fully obeyed by all whom it may concern), or that shall do any Thing in Pursuance and Obedience of this present Ordinance, shall therein be esteemed to do an acceptable Service to the Kingdom, and have the Protection of both Houses of Parliament for their Indemnity.

"And if the said sequestered Estates and Revenues, or any Part thereof, shall hereafter be put into any other Hands than now they be, or otherwise aliened, sold, or disposed of, it is yet further Ordained, by the Authority aforesaid, That good and sufficient Provision shall be made, in the Passing and Disposal thereof, whereby the said Dr. Burges may and shall, by all the Time aforesaid, well and duly, by Quarterly Payments, receive the aforesaid Yearly Allowance of Four Hundred Pounds, out of the said sequestered Estates and Revenues, and enjoy the House abovesaid, and all other the Premises, according to the true Intent of this present Ordinance; any Order, Act, or Ordinance, made, or to be made, to the contrary hereof, in any Wise notwithstanding.

"And, to the End this Ordinance may be better known and obeyed, it is Ordered, That this Ordinance be printed and published."

"An Ordinance made by the Lords and Commons in Parliament, for the Maintenance of some Preaching Ministers, in the Cities of Yorke, Durham, and Carlisle, and in the Town of Newcastle upon Tyne, and Town of Berwicke upon Tweede, and in the other Towns and Places therein mentioned, out of the respective Possessions of the Deans and Chapters of Yorke, Durham, and Carlisle.

Ordinance for settling a Preaching Ministry in the Northern Parts of the Kingdom.

"Whereas there is a great Want of a Preaching able Ministry in the Northern Parts of this Kingdom, which Want hath been in great Part occasioned because in many Places there be very small and inconsiderable Livings, especially in Cities, and Towns of greatest Importance; which the Lords and Commons now assembled in Parliament, taking into their Consideration, are very desirous to supply in some Measure, do therefore Order, and it is hereby Ordered and Ordained, by the said Lords and Commons, That there shall be Four able, godly, and learned Divines, to be approved of by the Reverend Assembly of Divines, placed in the City of Yorke, to preach in the Cathedral Church there, and in such other Churches of the said City as the Lord Mayor and Aldermen of the said City, or the major Part of them, shall appoint; each of which Preachers shall have the Yearly Maintenance of One Hundred and Fifty Pounds per Annum, to be Yearly paid unto him, out of the Possessions of the Dean, Dean and Chapter of the Cathedral Church of St. Peter's of Yorke, the same to be paid at Two Times or Days in the Year, that is to say, on the 29th Day of September, and the 25th Day of March, by equal Portions, the First Payment thereof to begin from the 29th of September, 1644.

"And it is further Ordered and Ordained, by the said Lords and Commons, That each of the said Preachers shall have a convenient Place of Habitation appointed unto him, in some of the Dean and Prebends Houses within that City, which the Commissioners of Parliament residing there, or any Three of them, are hereby authorized and required to provide for the said Preachers accordingly; for which this present Ordinance shall be their sufficient Warrant in this Behalf.

"And it is further Ordained, by the said Lords and Commons, That Four godly, able, and learned Divines, to be also approved of by the Reverend Assembly of Divines, shall be sent unto the County of Durham, Three of them to preach in the Cathedral Church in the City of Durham, and One of them to preach in the Church of Barnard Castle in the said County; each of which Preachers shall have the Yearly Maintenance of One Hundred and Fifty Pounds, to be Yearly paid unto him, out of the Possessions of the Dean, Dean and Chapter of Durham, the same to be paid at Two Days or Times in the Year, (that is to say) at or upon the 29th Day of September, and the 25th Day of March, by even and equal Portions, the First Payment thereof to begin from the 29th of September, 1644.

"And it is now further (fn. 4) Ordered and Ordained, by the said Lords and Commons, That each of the said Preachers last mentioned, appointed for the City of Durham, shall have a convenient Dwelling allotted unto him, by the Commissioners of the Parliament residing with the Army, or any Three of them, in some of the Houses of the Dean or Prebends within the said City of Durham; which the said Committee is hereby required and authorized to do, and for which this present Ordinance shall be unto them, and every of them, a sufficient Warrant in that Behalf.

"And it is further Ordained, by the said Lords and Commons now assembled in Parliament, That Six godly, able, and learned Divines, to be also approved of by the Reverend Assembly of Divines, shall be sent into the County of Northumberland, Town and County of Newcastle upon Tyne, and Town of Berwicke upon Tweede, One of which Divines shall reside and preach in the Town of Alnewicke, in the County of Northumberland, another of them in the Town of Newcastle upon Tyne, another of them shall reside and preach in the Town of Berwicke upon Tweede, another of them shall reside and preach in the Town of Ovingham, in the County of Northumberland, and another of them shall reside and preach in the Town of Belford, and another of them shall reside and preach in the Town of Caram; each of which Preachers shall have the Yearly Maintenance of One Hundred and Fifty Pounds, to be Yearly paid unto him, out of the Possessions of the Dean, and Dean and Chapter of Durham, the same to be paid at Two Days or Times in the Year, (that is to say) at or upon the 29th Day of September, 1644, and the 25th Day of March, by even and equal Portions, the First Payment thereof to begin from the 29th Day of September, 1644.

"And it is further Ordered and Ordained, by the said Lords and Commons now assembled in Parliament, That Two godly, able, and learned Divines, to be also approved of by the Reverend Assembly of Divines, shall be sent into the County of Cumberland, One of which Divines shall reside and preach in the Town of Cockermouth, in the said County of Cumberland, and the other of them shall reside and preach in the City of Carlisle, in the said County of Cumberland; each of which Preachers shall have the Yearly Maintenance of One Hundred and Fifty Pounds, to be Yearly paid unto him, out of the Possessions of the Dean and Chapter of Carlisle, the same to be paid at Two Days or Times in the Year, that is to say, at or upon the 29th Day of September, and the 25th Day of March, by even and equal Portions, the First Payment thereof to begin from the 29th of September, 1644.

"And it is further Ordained, by the said Lords and Commons now assembled in Parliament, That One godly, able, and learned Divine, to be also approved of by the Reverend Assembly of Divines, shall be sent into the County of Westmerland, where he shall reside and preach in the Town of Appleby, in the said County of Westmerland; and shall also have the Yearly Maintenance of One Hundred and Fifty Pounds, to be Yearly paid unto him, out of the Possessions of the Dean and Chapter of Carlisle, the same to be paid at Two Days or Times in the Year, (that is to say) at or upon the 29th Day of September, and the 25th Day of March, by even and equal Portions, the First Payment thereof to begin from the 29th Day of September, 1644.

"And it is further Ordained, by the said Lords and Commons, That the Commissioners of Parliament residing at Yorke, or with the Army, shall from Time to Time pay the said respective Sums of Money to the Person and Persons aforementioned respectively, at such Days and Times, and in such Manner, as is before expressed; for which this present Ordinance shall be to them, and every of them, a sufficient Warrant on that Behalf: Provided, That this Ordinance shall only continue, and be in Force, until both Houses of Parliament shall make further Order therein, and shall dispose of the Lands and Revenues of the Deans and Chapters, in relation to a General Provision for the Maintenance of a Preaching Ministry throughout the whole Kingdom."

Ordinance for Martial Law in Kent.

"Whereas divers malignant and ill-affected Persons have lately endeavoured to surprize the Castle of Dover, and since that, at several Times and Places, traiterously assembled themselves together, in a warlike Manner, in the County of Kent, and, as well by secret Practices and Contrivances as by open Force, attempted to levy War against the Parliament, and made Uproars, and raised Seditions, in the said County: For the due Punishment thereof, and for the preventing the like for the Time to come, and that Execution may be done upon the Place, to the Terror of all others, and that the Peace of the said County may be the better settled and preserved: It is Ordained, and be it Ordained, by the Lords and Commons in this present Parliament assembled, That Colonel Sir John Sidley Baronet, Colonel Sir Michaell Livesey, Colonel Sir Robert Hardees, Captain Sir Thomas Peirce, Sir Anthoncy Welden, Captain Sir Isaacke, Sidley, Colonel Raph Weldon, Colonel John Browne, Colonel Henry Honnywood, Colonel George Newman, Colonel William Kenricke, Colonel Thomas Blunt, Colonel Birch, Colonel William Boothby, Lieutenant Colonel Roberts, Lieutenant Colonel Oxenden, Lieutenant Colonel Bix, Lieutenant Colonel Skevington, Major Sadler, Captain Thomas Westroe, Major John Boice of Fretfeild, Captain Brodnax, Captain John Dixwell, Captain John Browne, Captain Beale, Captain John Boice of Traphane, Captain William Skinner, William James, Lambert Godfree, and Robert Hailles, Esquires, or any Twelve or more of them, shall be, and are hereby constituted and made, Commissioners and Council of War, within the said County of Kent; and shall have full Power and Authority, within the said County, to hear and determine all such Causes as belong to Military Cognizance, and to proceed to the Trial, Condemnation, and Execution, of all such Person and Persons as have offended as aforesaid, and to inflict upon them such Punishments, either by Death, or otherwise Corporally, according to the Course and Custom of Wars, and Laws of the Land, and according to the Laws, Articles, and Ordinances of War at any Time allowed by both Houses of this present Parliament, or according to such further Instructions as they shall receive from both Houses of Parliament, as the said Commissioners, or the major Part of them then present, shall adjudge to appertain to Justice; and to do such other Things as to the right and due Execution of the Power to them hereby committed shall appertain: And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners, or any Twelve or more of them, shall be authorized, from Time to Time, so often as they shall think fit, or shall be ordered thereunto by both or either House of Parliament, to sit in some convenient Place within the said County of Kent, and to appoint a Judge Advocate, or Provost Marshal, and all other Officers needful whatsoever; and the said Judge Advocate is hereby authorized and enabled to receive all Accusations, Articles, Complaints, and Charges, against all or any the Offenders aforesaid, and to examine the Delinquencies or Parties charged, and to minister Corporal Oaths to all Witnesses, and them to examine upon Oath, either before or at the Trials, as the Cases may require; and the said Commissioners, or any Two or more of them, are hereby enabled to send their Warrants for any Delinquents or Witnesses into any Place whatsoever; and to use coercive Power, and commit to Prison all such as shall be refractory, or misbehave themselves: And it is hereby further Ordained, That all Mayors, Bailiffs, Sheriffs, Justices of Peace, and other Officers whatsoever, shall be aiding and assisting to the said Commissioners, in the Execution of the Premises; and that all the said Commissioners, and every of them, and all and every other Person and Persons that shall be aiding and assisting to them in the Execution of the Premises, shall be protected, and for ever saved harmless, by the Power and Authority of both Houses of Parliament: And it is lastly Provided, That this present Ordinance, and the Authority hereby given to the Persons hereby nominated and appointed, shall endure, and have Continuance, for Six Months from the making hereof."

Adjourn.

House adjourned till 9^a cras.