Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Martis, 12 die Augusti.
L. Viscount Say & Seale.
Letter from Col. Pointz.
Message from the H. C. with Ordinances.
11. That Captain James Quarles shall have the Command, and be Captain, of those Horse whereof Captain Anthony Poe was appointed Captain; and that the Committee of both Kingdoms do grant him a Commission accordingly.
12. That Jeremy Quarley and Cary Mildmay may (fn. 1) be added, to be Deputy Lieutenants of the County of Essex.
Report of the Conference about the Ordinance concerning the Isle of Ely.
The Speaker reported the late Conference with the House of Commons, concerning the Ordinance for the Governor of the Isle of Ely: "And they agree with their Lordships in the Alterations, excepting to that concerning the Governor; and they adhere to the nominating of Colonel Russell to be Governor, because he is a Gentleman of good Estate in that County, and they have found him very faithful; therefore the House of Commons desires their Lordships Concurrence in the making of him Governor."
Col. Russel to be Governor of Ely.
Answer to the H. C.
That concerning the Ordinance for the Directory, the Ordinance for Major Purbecke, the Ordinance concerning Colonel Apsley, and the Deputy Lieutenants for the County of Essex, their Lordships will send an Answer by Messengers of their own: To all the rest of the Particulars, this House agrees.
Committee for North'ton.
Message from the H. C. with Commissioners Names to reside with the Scots Army;
and with Ordinances.
Pass, for Mons. Augier to export Horses to France, for the D. Angoulesme, &c.
Upon Report of the Lord Viscount Say & Seale, from the Committee of both Kingdoms, "That Monsieur Augier, by several Letters to the Committee of both Kingdoms, hath represented, that he was much solicited to get Passports from the Parliament, (fn. 2) for transporting out of England;
Message from the Assembly of Divines, about keeping scandalous Persons from the Sacrament.
A Message was brought from the Assembly of Divines, to present a Petition, concerning the keeping away of scandalous and ignorant Persons from the Sacrament; which was read. (Here enter the Petition.)
Jones sent for, for insulting the Earl of Lincoln, at Sir R. Carr's.
It is Ordered, That Jenkin Jones be summoned to appear before this House To-morrow Morning, to answer his said Misdemeanor to the said Earl; who is desired to send his Witnesses at the Time aforesaid, to be examined by this House, concerning the said Jenkin Jones.
Upon reading the Petition of Sir Rob't Mansell Knight; complaining, "That Edmond Harris refuses to pay the Hundred Pounds to him, by Way of Damages, decreed by this House, upon hearing the Business depending between them at this Bar:"
Letter from Col. Poyntz, that he has laid Siege to Skipton Castle.
"Having the Honour to receive your Lordship's Letter, Duty prompts me to return yourself and the rest of my noble Peers most humble Thanks, that my poor Endeavours were thought worthy your Acknowledgement: The Passages here are not worthy your Honour's Knowledge; yet what there is, I shall thus render. On Saturday, I came within a Mile of Skipton, with some Horse and Foot, from Pontfract, where I stayed, in Expectation of the Bishopric and Lancasheir Forces coming in to me, till Monday; and then forced an Entrance into this Town, finding small Opposition, the Inhabitants being fled with their Families and Goods into the Castle and Church, being both well fortified. That Night I drew my Foot close to the Castle, where they still remain. Their Conduit-water we have likewise deprived them of, so that they have but One little Drawing-well to serve the Castle. We take their Men and Horses daily; others come in to us. When I have settled this Leaguer, I shall return to my Forces at Doncaster and Rotheram, for the keeping in of the Newarkers, and the Enemy of Welbecke House; whence I shall further express myself,
Ordinance to raise Money in the associated Counties of Essex, Suffolk, Norfolk, &c. for reducing Newark.
"For the better reducing of Newarke, and securing the several Counties hereafter named; the Lords and Commons assembled in Parliament, do hereby Ordain, That there shall be forthwith raised the several Sums of Money, in the several and respective Counties and Cities hereafter named; that is to say,
"Which said Sums of Money shall be reimbursed to the said several Counties and Cities, out of the Estates of Delinquents, within the said Counties and Cities respectively, in Order after all former Engagements out of the Estates of Delinquents shall be first satisfied: And it is hereby further Ordained, That the Committees, named in the Ordinances for maintaining the Forces under the Command of Sir Thomas Fairefax, shall have the same Power to execute this Ordidinance, for the raising the said Sums of Money, and to inforce the Execution thereof, to all Intents and Purposes, as in the said Ordinance is provided, and under the same Pains, Penalties, and Forfeitures, and giving the same Allowances to Officers, as are expressed in that Ordinance; which said Sums of Money shall be paid, by such as are appointed to collect the same, to such Person or Persons as shall be named Treasurer or Treasurers to receive the same, by the Committee of the Eastern Association, being Members of the House of Commons; which said Treasurer or Treasurers shall issue forth the same, from Time to Time, as he or they shall receive Order or Orders from the said Committee, for the Payment of Seven Hundred Horse and Three Hundred Dragoons, lately raised, to be employed for the Purposes aforesaid, and for such other Purposes, and in such Manner, and under such Commander or Commanders, as both Houses of Parliament, or the Committee of both Kingdoms, shall direct, for the best Advantage of the Eastern Association, and the aforesaid Counties, and other Parts of the Kingdom: Provided always, and it is hereby Declared, That the assessing, raising, and levying, of the said Sums of Money, be no Impediment, to hinder or delay the raising, levying, or paying, any Sum or Sums of Money, appointed to be raised, levied, and paid, by the said Ordinance, for Payment of Sir Thomas Fairefaxe's Army, or for Maintenance of the Army of our Brethren of Scotland."
Capt. Doyley, Governor of Newport Pagnell.
Petition of the Assembly of Divines, to prevent scandalous and ignorant Persons from coming to the Sacrament.
"It having pleased the Honourable Houses to call the Members of this Assembly together, to give their Advice in Matters of Doctrine, Discipline, and Worship, according to the Word of God; and we having, both in that Directory for Worship, and in the Model of Government, humbly presented to the Honourable Houses, advised such a Course, for the keeping away of scandalous and unworthy Persons from the Sacrament of the Lord's Supper, as we judged most expedient, and most agreeable to the Word of God, and the Example of the best Reformed Churches; and having solicited the same by several Petitions; can yet have no rest in our Spirits, but, perceiving by the Answers it pleased the Honourable Houses to vouchsafe to our last Petition that this Petition is still in Consultation, our Spirits within constrains us yet further humbly to beseech you in this Particular; and we hope it will not seem grievous unto you, if, in Conscience of that Duty, which we as Ministers, and more especially as met in this Assembly, owe to God, to His Church, and to yourselves, we are yet again humble and important Petitioners in this Thing; seeing God is our Record, and we hope it is manifest to your Consciences, that herein we seek not ourselves or private Interests, but the Glory of God, the pure Administration of His Ordinances, the Welfare of Souls, and the Peace and Good of this whole Nation. The greatest Care and Diligence in Matters of so high Concernment is not enough; and therefore we hope no Care and Diligence that we can use will seem supersluous.
"We should not use this Opportunity, did we not firmly believe that what we have desired, and do desire herein, is the Will and Command of our Lord Jesus Christ, who is the King and Lawgiver in His Church; and therefore we dare not but in His Name ask it, and doubt not by His Grace to obtain it, of the Honourable Houses.
Had we not this Hope, our Hearts would fail within us for this poor Nation; for, as we are fully convinced in our Consciences, that, among the many and crying Sins of this Kingdom, which the great and righteous God is now avenging in Blood upon us, the prostituting of the Sacrament of the Body and Blood of Christ as a common Thing is One, and not the least (for this Cause, even for this Cause, the Land bleeds and mourns); so we fear, unless at this Time by your Hand (seeing the Most High hath given you an Opportunity and Power to do it) an effectual Course be taken for the preventing of so great a Sin for Time to come, God will be yet more displeased, and will punish yet Seven Times more.
"Therefore we, whom (amongst others) the Lord hath set as watching upon the Walls, dare not hold our Peace, especially seeing the Vows of God are upon us, and it hath pleased the Honourable Houses of Parliament to bind themselves, and us, and the Nation, in a solemn and sacred Covenant, wherein (among other Things) we have sworn to endeavour, according to our Places and Callings, to extirpate Popery, Prelacy, Superstition, Heresy, Schism, Prophaneness, and whatever is contrary to sound Doctrine and the Power of Godliness, lest we partake of other Mens Sins, and thereby be in Danger to receive of their Plagues. God hath graciously strengthened your Hands against Popery, Prelacy, and Superstition; and for the rest of those Roots of Bitterness which we have covenanted against, especially Schism and Prophaneness, we know no better Way of providing against them than this for which we now petition; which, we are confident, will (through the Blessing of God) be the happiest Means of healing the present, and preventing future Schisms, by removing out of the Way that which hath been One of the greatest Stumbling-blocks, and by reconciling all the godly in the Kingdom, and will give much Ease and Satisfaction to weak and tender Consciences, and which will give the greatest Check to Prophaneness, as sealing Conviction upon the Consciences of Sinners most powerfully; for it is not to be imagined that our denouncing the Terrors of the Lord against wicked and prophane Persons will prevail much upon their Hearts, while they may (even as soon as they have heard that Sermon) come and receive the Sacrament, and therein, as they think, the Seal of Grace and Salvation to themselves.
"We hope we shall not need to plead for ourselves, that the Power of keeping away seandalous and unworthy Persons from the Lord's Table, which Jesus Christ hath placed in the Ministers and Elders of His Churches (the free and peaceable Exercise whereof we humbly desire may be confirmed unto them by your Sanction), is not an arbitrary or unlimited Power, for how can that Power be called arbitrary, which is not according to the Will of Man, but the Will of Christ? or how can it be supposed to be unlimited, which is circumscribed and regulated by the exactest Law, the Word of God; which Law in Case any shall transgress, and abuse this Power to serve their Lusts instead of serving Christ in the Exercise thereof, we have advised, and humbly desire, that superior Assemblies may be established amongst us, who may not only relieve the Injured, but censure the Offenders according to their Demerit.
"Nor is this Power in the least Measure (as we humbly conceive) inconsistent with the Liberties of the Subject, it being exercised wholly and solely in that which is no Part of Civil Liberty, the Sacrament; which certainly none can claim as he is a free-born Subject of any Kingdom or State, but as he is visibly a Member of the Church, qualified according to the Rule of Christ.
"Only we crave Leave to entreat you to consider, that other Christian States, which are jealous of the Encroachments of an arbitrary Power, and very tender of their own just Liberties, have granted the full Exercise of the Power of Censures unto the Elderships of their Churches: (fn. 5) Yea, and among ourselves, Power equivalent to this was intrusted to every single Minister and Curate in England, as (in our humble Apprehensions) appears both by the Injunctions of King Edward the Sixth, and by the Injunctions and Articles of Enquiry of Queen Elizabeth, Princess of Famous Memory, and by the late Book of Common Prayer, and Rubric before the Sacrament; nor do we at present call to Mind that any Christian Prince or State, whose Heart God did incline to seek a Refor mation, as you have covenanted to do, and to establish a Government according to the Word, did ever deny this Power unto the Presbyteries in their Dominions; and we trust God loves the Parliament and England so well, as not to suffer them to be the First. Yet can we not (lest our own Heart should smite us, as not having done our Duties to the utmost) but continue most humbly to advise and pray, that Ministers and other Elders may be sufficiently enabled to keep not only some, but all such as are justly and notoriously scandalous from the Sacrament of the Lords Supper; for, should Things be so ordered (which God forbid), that any wicked and scandalous Persons might without Controul thrust themselves upon this Sacrament, we do evidently foresee, that not only we, but many of our godly Brethren, must be put upon this hard Choice, either to forsake our Stations in the Ministry, which would be to us One of the greatest Afflictions, or else to partake in other Mens Sins, and thereby incur the Danger of their Plagues; and if we must chuse One, we are resolved, and we trust our God will help us, to chuse Affliction rather than Iniquity.
Ordinance to secure the Repayment of the 20th and 5th Part, if paid within a limited Time.
"Whereas divers Sums of Money have been received, by the Committee of Lords and Commons for Advance of Money and other Necessaries for the Army, upon the Ordinances of Parliament, for the Twentieth Part, and Twentieth and Fifth Part, which have been issued and paid forth by them, according to the Trust reposed in them, upon sundry Exigents and Occasions, according to several Ordinances and Orders of Parliament in that Behalf made; and for so much as it is provided, in the said Ordinances for the Twentieth Part, and Twentieth and Fifth Part, that such Persons as shall pay in their Proportions, within the Times limited by the said Ordinance, to the Treasurers at Guildhall, should have the Public Faith for Re-payment of the same; and there being divers Persons, whose Monies have not been paid the Treasurers at Guildhall, but issued and paid forth by the said Committee as aforesaid, so that the said Persons have hitherto had no Security for Re-payment of the same on the Public Faith: Be it therefore Ordained, by the Lords and Commons in Parliament assembled, That such Persons as heretofore have paid, or hereafter shall pay, their Proportions for the Twentieth Part, and Twentieth and Fifth Part, within the Time limited by the said Ordinances, and such other Persons, who, by Order of the said Committee, shall be thought meet, shall have the Public Faith of this Kingdom, for Re-payment of such Monies as shall be by them respectively paid in, for their Twentieth Parts, and Twentieth and Fifth Parts; the same to be signified and attested under the Hand of the Clerk to the said Committee, and Treasurer for the Time being in that Behalf, who are required to keep Accompt unto what Persons, and for what Sums, the Public Faith shall be given as aforesaid."
Order for 2000l. for the Reduced Officers employed to relieve Taunton.
"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Two Thousand Pounds, for and towards the Satisfaction of the Arrears due unto the Reduced Officers employed in the Relief of Taunton: Be it Ordained, by the Lords and Commons, &c. That the Commissioners of Excise and new Impost shall and may satisfy and reimburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Two Thousand Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, upon the Ordinance 11th September, 1643, as shall happen when other Assignments already made on those Receipts shall not fall due, and, in Default thereof, then as the same shall follow in Course; and that the said Commissioners of Excise do pay the said Two Thousand Pounds unto Captain Francis Vernon, whose Receipt shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."
Order for 40l. to Lady Drake.
Lieut. Gen. Cromwell continued in His Command Four Months longer.
"Whereas it was Ordained, by the Lords and Commons assembled in Parliament, the Tenth Day of May last, That Lieutenant General Cromwell, being then in the actual Service of the Parliament, and the Prosecution of the Enemy, should be continued in the Employment he was then in for [ (fn. 6) Forty Days] longer, not withstanding the late Ordinance, or any Clause therein, that discharges the Members of either House from bearing any Office or Command, Military or Civil; and whereas the said Lords and Commons, the 18th of June last, did further Order, That he should continue as Lieutenant General of the Horse, according to the established Pay of the Army, for Three Months, from the End of the Forty Days formerly appointed to him: It is this Day Ordered, by the Lords and Commons assembled in Parliament, That the said Lieutenant General Cromwell shall be continued in the same Employment, as formerly, for the Space of Four Months longer, from the End of the said Three Months for which he was formerly continued as aforesaid."
Ordinance concerning the Isle of Ely.
"The Lords and Commons assembled in Parliament, taking into their Consideration the great Importance of the Isle of Ely, and Town and Garrison of Croyland, as well with regard to the Security and Preservation of the Seven associated Counties, as in relation to the Designs of the Enemies (who are watchful to take Advantages to possess themselves of the said Isle and Garrison), have therefore thought fit, Ordered, and Ordained, and do hereby Order and Ordain, That there be a Garrison, consisting of Six Hundred Foot, and One Troop of Dragoons, consisting of One Hundred and Twenty, placed within the said Isle, and Garrison of Croyland, for the Safety thereof, whereof Five Hundred Foot and One Hundred Dragoons to be for the Isle of Ely, and One Hundred Foot and Twenty Dragoons to be for the Garrison of Croyland: And be it further Ordered and Ordained, by the Lords and Commons, That Colonel Francis Russell be hereby constituted and appointed Governor of the said Isle, and Lieutenant Colonel Dodson be likewise hereby constituted and appointed Governor of the said Garrison and Town of Croyland, and the Forces therein; and that the Committees of both Kingdoms do grant out Commissions to the said Colonel Francis Russell and Lieutenant Colonel Dodson accordingly, who shall command the said Garrisons, and Forces there, in such Manner as both Houses of Parliament, the Committee of both Kingdoms, Sir Thomas Fairefax, or the Committee hereafter named, shall order and direct: And be it further Ordained, That, in the County of Norffolke, Sir Thomas Hoogen Knight, Mr. Thomas Sotherton, Mr. John Brewster, Mr. Robert Wilton, Mr. Robert Wood of Brakenash; and in the County of Suffolke, Mr. Nathaniell Bacon, Sir William Spring, Mr. Robert Brewster, Mr. Bampton Gurdon Junior, Mr. Francis Bacon; and in the County of Essex, Mr. Richard Herlakenden, Mr. Wincoll, Mr. Arthur Barnardiston, Mr. Henry Mildmay, Mr. Raymond; and in the County of Cambridge, Mr. John Hubbard, Mr. Robert Castle, Mr. Thomas Duckett, Mr. Robert Clerke, Mr. Thomas Bendish; and, in the County of Hertford, Sir John Wittrong, Mr. John Haydon, Mr. William Leamon, John King Doctor of Physic, Isaack Puller; and in the County of Huntington, Mr. Vintner, Mr. Burrell, Mr. Fulwood, Mr. Castle, Mr. Templer; and, in the County of Lincolne, Mr. Humfrey Wallcott, Mr. William Savell, Mr. John Willsby, Mr. John Harrington, Mr. James Trollop; and all the Members of both Houses of Parliament that serve for, or live within, the Association; shall be a Committee of the said Seven Associated Counties; and that they, or any Five or more of them, shall have Power to order and direct the said Governors and Forces belonging to the said Isle and Garrison, subject nevertheless to the Orders and Directions of both Houses of Parliament, or of the Committee of both Kingdoms, and Sir Thomas Fairefax: And, that there may be a settled Maintenance of the said Garrisons, it is further Ordained, and the Commissioners of Excise are hereby Ordered and Appointed, to pay Weekly the Sum of Three Hundred Pounds, for the Use of the said Garrisons; that is to say, to the Use of the said Isle, the Sum of Two Hundred and Fifty Pounds per Week; and for the Use of the said Garrison of Croyland, the Sum of Fifty Pounds per Week; unto such Person or Persons as shall be authorized to receive the same, by the Committee aforenamed, or any Five of them, whose Receipt shall be a sufficient Discharge to the Commissioners of Excise; the First Day of Payment to be accounted from the 23th Day of April, in the Year of our Lord 1645, and to continue till further Order of both Houses of Parliament; and the Committees before named in this Ordinance, or any Five of them, or such as they shall appoint, are hereby required and authorized to cause Musters to be taken so often as they hold necessary, and to take Care that the said Garrisons be well and duly paid, from Time to Time, according to the true Intent and Meaning hereof; and the said Governor, with the Consent of the said Committee, or Five or more of them, shall have Power to make such Works and Fortifications, for the securing of the said Isle, as they shall think fit and necessary."
Order for 200l. for Major Gen. Skippon.
"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise or new Impost, have advanced and lent Two Hundred Pounds, for the Use of Major General Skippon: Be it Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners of Excise and new Impost shall and may satisfy and reimburse themselves, and that their Executors, Administrators, and Assigns, shall be satisfied and reimbursed, of the said Two Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts by the Excise, by Ordinance of the 11th September, 1643, as shall happen when other Payments already assigned on those Receipts shall not fall due, or, for Want of such Intervals, then as the same shall follow in Course; and shall not, by any other Order or Ordinance, be debarred from satisfying themselves accordingly; for which Reimbursement of Principal and Interest, this Ordinance shall be their, the said Commissioners of Excise, or their Executors, sufficient Warrant and Discharge: And it is further Ordained, That the said Two Hundred Pounds, by the Commissioners of Excise advanced and lent for the Use aforesaid, shall be paid unto the said Major General Skippon, or his Assigns by (fn. 7) him sufficiently authorized thereunto, whose Receipt or Receipts shall be a sufficient Discharge to the said Commissioners of Excise, and every of them, in that Behalf: And the Ordinance of both Houses of Parliament, of the 29th July, 1645, for the Re-imbursement of the Sum of Two Hundred Pounds to the said Commissioners, is hereby nulled and made void."
Order for 500 l. for the Garrison of Weymouth.
"Whereas Thomas Foote Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise and new Impost, have advanced and lent the Sum of Five Hundred Pounds, for and towards the Payment of the Garrison of Waymouth: Be it Ordained, by the Lords and Commons in Parliament assembled, That the Commissioners of Excise and new Impost shall and may satisfy and re-imburse themselves, and that their Executors, Administrators, or Assigns, shall and may be satisfied and reimbursed, the said Five Hundred Pounds, together with Interest for the same, after the Rate of Eight Pounds per Cent. for so long Time as the same, or any Part thereof, shall be forborn, out of such Intervals of Receipts, upon the Ordinance, 11th of September, 1643, as shall happen (fn. 8) when other Assignments already made on those Receipts shall not fall due; and, in Default thereof, then (fn. 8) as the same shall follow in Course; and that the said Commissioners of Excise do pay the said Five Hundred Pounds unto Colonel William Sydenham, whose Receipt shall be a sufficient Discharge unto the said Commissioners of Excise, and every of them, in that Behalf."