Journal of the House of Lords: Volume 7, 1644. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 19, die Augusti.
L. Viscount Say & Seale.
Ds. Grey de Warke.
Tollemash to be attached at Devereux's Suit, concerning Withypool's Effects.
Ordinance for Mr. Case to be Minister of Stockport.
An Ordinance for making Mr. Thomas Case Minister of Stokeport, in the County of Cheshire, was read Thrice, and approved of; and Ordered to be sent to the House of Commons, to desire their Concurrence therein.
Doyley to be Colonel of the Regiment at Newport Pagnell.
"Ordered, That it be reported to both Houses, That whereas there is an Order for Captain Doyly to be Governor of Newport Pagnell, but not to be Colonel of the Regiment there, without which he shall not be able to do the Service expected; therefore to offer it as the Opinion of this Committee, That, for the better Discharge of that Service, he may have Order to be also Colonel of the Regiment there.
500 London Dragoons returned from the West, to be discharged.
"That it be also reported to both Houses, That whereas the House of Commons did, by their Order of the 13 Instant, refer to this Committee the Employment of the Five Hundred London Dragoons (lately returned from the West) upon the Service against Newarke; and being, upon Conference with some of the Committee of the Association, informed that they have not Means for their Entertainment and Maintenance; and being also informed that the City of London is about to send out some Foot, for the Service of the Three Counties of Berks, Bucks, and Oxon, which they cannot do till these Dragoons be discharged from the former Service appointed them; therefore to desire that it may be speedily reported, that they may be discharged, that those Foot may presently march.
Lieutenant of The Tower to be paid for L. Savill's Maintenance, his Fees, &c.
A Petition of Colonel Francis West, Lieutenant of The Tower of London, was read; shewing, "That whereas the Lord Savill hath been a Prisoner in The Tower Two Months, or thereabouts, destitute of Means and Money to supply him with Diet, and other Necessaries that he stands in Want of, his Lands being under Sequestration; by reason whereof, the Petitioner hath hitherto furnished him, his Fees and Dues yet unpaid upon his Commitment; now, forasmuch as this House hath ordered that the Petitioner should be paid and fully satisfied his Disbursement, he therefore prayeth, to order where he shall be paid these Arrears, and settle some Course for the Maintenance of the said Lord Savill for the future."
Ordered, That this House thinks it fit, that the Arrears be paid to the Lieutenant of The Tower, due to him, as is mentioned in the Petition; and that the Lord Savill may have Seven Pounds per Week allowed him out of his Estate, for the future, to maintain him; and that this be recommended to the House of Commons, for their Concurrence.
and for L. Powis.
Next, the House was informed, "That the Lord Powis, being in Prison, suffers much, for Want of Necessaries to maintain him; and that there are Sixty Pounds due to his Keeper, for his Keeping; therefore it was desired, that some Course might be taken for the Payment of his Arrears, and his Maintenance for the future."
It is Ordered, That the Concurrence of the House of Commons be desired, that Sir Thomas Middleton may see the Sixty Pounds of Arrears paid to his Keeper, out of the Sequestration of his Lordship's Estate; and that, for the future, he shall be allowed out of his Estate Seven Pounds a Week, for to maintain him.
Message to the H. C. with these Orders; about Captain Bowen continuing in the Command of The Leopard; and for Mr. Case to be Minister of Stockport.
2. To deliver the Petition of the Lieutenant of The Tower of London to them, and desire that he may be paid his Arrears mentioned in his Petition; and that, for the future, the Lord Savill may have Seven Pounds a Week allowed him, out of his own Estate, which is sequestered.
3. To desire that the Sixty Pounds due to the Lord Powis's Keeper may be paid him; and that, for his future Maintenance, he may have Seven Pounds per Week allowed him, out of the Sequestration of his own Estate.
Captain Moore to continue Governor of Montgomery.
Report of the Conference on the Ordinance for the Election of Elders.
The Lord Grey reported the Effect of the late Conference with the House of Commons, concerning the Ordinance for the Election of the Elders; and they agree to the Proviso sent down by this House, leaving out these Words ["as formerly they have been"]; and instead thereof, add ["to be performed according to the "Directory"].
Message from the H. C. with Committees Names for Gloucester, &c.
1. That Sir Rob't Pye Knight,
Sir Sam. More,
Mr. John Flackett,
Dr. Nathaniell Wright,
Mr. Thomas Blayney,
Mr. Martin Husbands,
Mr. Thomas Rawlins,
Mr. Herbert Parrott,
Mr. Thomas Hughes,
Mr. Rob't Higgins,
Lords Committees for D.
for a Public Thanksgiving for the late Successes;
2. Ordered, That Friday next be set apart for a (fn. 1) Day of Public Thanksgiving to Almighty God, to be observed and kept within all the Parishes in London and Westm. the Weekly Bills of Mortality and Lines of Communication, in all the Churches and Chapels thereof, for His several Mercies to the Forces of the Parliament, in divers Parts of the Kingdom, in the gaining of the Towns of Bath, Bridgwater, Scarborough Castle, and Sherburne Castle; and for the dispersing of the Clubmen, and the good Success of Pembrookshire.
and with Ordinances.
That this House agrees to the Ordinance concerning Herring Fishing, and the Order concerning Chadwell: To the rest of the Particulars, this House will send an Answer thereunto by Messengers of their own.
Message to the H. C. in Answer to the preceding One.
Observation of the Thanksgiving.
Dunaway's Petition, about a Brandenburgh Ship taken.
L. Houghton, a Pass to France.
Mr. Field to be Minister of Uffington.
Upon reading the Petition of the Inhabitants of Uffington, in the County of Lyncolne; shewing, "That whereas Mr. South, late Rector of the said Parish, for Scandal of Life, and Malignancy to the Parliament, is ejected the said Living; and one Henry Feild, an Orthodox Divine, is lately set in his room, (fn. 2) by Authority of Parliament; and whereas the said South hath of late resigned his Interest in the said Living into the Hands of the King, who hath Right of Presentation thereto: Now, by reason the said Living is rated above Twenty Pounds in the King's Books, the Commissioners of the Great Seal have not Power to dispose the same, without Order of your Lordships; it is desired, that this House would give Directions to the said Commissioners, for presenting Mr. Field to the said Living, in His Majesty's Right."
Royston the Printer released, on giving Security.
Ordered, That Ric'd Royston shall be released of his present Imprisonment, having presented this Day to this House John Wilson, John Grismand, and Ric'd Royston, for his Bail, and approved of by the House; who are to give their Security for the said Ric'd Royston to the Gentleman Usher attending (fn. 3) this House, according to the Condition of the former (fn. 4) Recognizance.
Message to the H. C. about L. Houghton's Pass.
Briscoe & al. to scarch for Plate stolen out of the Parliament House.
Ordered, That Brisco One of the Clerks of Newgate, Hugh Lewis, and Higham, shall be authorized, taking a Constable along with them, to search any suspicious Houses as they shall be informed of, for the Plate which was lately stolen out of the Rooms belonging to the Parliament House.
Ordinance for the Election of Elders.
"1. That the Ruling Elders of a Parochial and Congregational Eldership shall be chosen by the several Ministers and Members of their Congregation respectively, being of such as have taken the National Covenant, and are not Persons under Age, nor Servants that have no Families.
"2. That Notice of such Election, and of the Day when, (fn. 5) shall be given, by the Minister, in the Public Assembly, the next Lord's-day but One before; and on the said Lord's-day a Sermon be preached preparatory to that weighty Business.
"4. That it shall be lawful for the Congregations respectively, or any other Person, to exhibit Exceptions against any Person elected as aforesaid, touching the Right of his Election, or touching Matter of Ignorance or Scandal hereafter mentioned, within Fourteen Days next after the said Election, to such Persons, Ministers, and others, as shall be appointed by Authority of Parliament to receive the said Exceptions; which said Persons shall have Power to receive, hear, and determine, all Complaints against any Elder, of Ignorance and Scandal, within the Description of Ignorance and Scandal hereafter mentioned; and shall have Power to approve the Person so elected, in case no just Exception as aforesaid shall be proved against him; but if he shall, upon just Proof, be found ignorant or scandalous as aforesaid, then to remove him; and if any of the said Elders shall be adjudged to be removed as aforesaid, then another shall be chosen in his Place as aforesaid.
"5. That such shall be chosen for Ruling Elders, as are (fn. 6) Men of good Understanding in Matters of Religion, sound in Faith, prudent, discreet, grave, and of unblameable Conversation, and willing to undergo the said Office.
"6. That all Parishes and Places whatsoever (as well privileged Places and exempt Jurisdictions as others) be brought under the Government of Congregational, Classical, Provincial, and National Assemblies: Provided, That the Chapels or Places in the Houses of the Peers of this Realm shall continue free for the Exercise of Divine Duties, to be performed according to the Directory.
"1. The First Classis to contain,
Bennett Paul's Wharffe.
Mary Le Bow.
"2. The Second Classis to contain,
Anthonie's, vulgo Antholin's.
Bennett Shore Hogg.
James Garlicke Hithe.
Martin in The Vintrie.
Mary Magd. Old Fishstreete.
Mary Mounthaunt, vulgo Mounthaw.
Michaell Queene Hithe.
Nicholas Old Abbey.
"3. The Third Classis to contain,
Alhallowes the Greater.
Alhallowes the Lesser.
Steven's in Walbrooke.
"4. The Fourth Classis to contain,
Bennett Grase Church.
Clement's in Eastcheape.
Dyonis Back Church.
George Buttolph Lane.
Leonard East Cheape.
Margaret New Fishstreete.
Michaell Crooked Lane.
"5. The Fifth Classis to contain,
Leonard Foster Lane.
Michaell in the Corne, vulgò Querne.
Vedast, alias Fosters.
"6. The Sixth Classis to contain,
Alhall. Hony Lane.
Lawrence in The Jury.
Martin in Iremonger Lane.
Mary Magd. Milke-streete.
Michaell in Wood-streete.
Mildred in The Poultrey.
Olave's in The Jewry.
"7. The Seventh Classis to contains
Alhallowes by the Wall.
Stephen's Coleman Streete.
"8. The Eighth Classis to contain,
James Duke's Place.
Katherin Cree Church.
Martin's Oteswich, vulgo Outwich.
Mary Newington, alias Soke Newington.
"The Ninth Classis to contain,
"9. Alhallowes Barking.
Dunstan's in The East.
Peter's in The Tower.
"10. The Tenth Classis is to contain,
Mary Magdalen Bermondsey.
Rotherhithe, vulgo Redriff.
"9. That all the several Parishes and Places, within the Cities of London and Westm. and the Parts adjacent, according as they are distinguished into Twelve several Classis, shall be the Extent and Bounds of the Province of London.
"That, in the several Counties, certain Persons, Ministers and others, shall be appointed by Authority of Parliament, who shall consider how their several Counties respectively may be most conveniently divided into distinct Classical Presbyteries, and what Ministers and others are fit to be of each Classis; and they shall accordingly make such Division and Nomination of Persons for each Classical Presbytery, which Divisions, and Persons so named for every Division, shall be certified up to the Parliament.
"That the Chancellors, Vice-chancellors, and Heads of the Universities, shall consider how the Colleges may be most conveniently put into Classical Presbyteries, and do certify the same up unto the Parliament.
"And the said several Classis respectively, being approved by Parliament, within their several Precincts, shall have Power to constitute Congregational Elderships, where a competent Number of Persons so qualified for Elders as aforesaid shall be found; and where no Persons shall be found fit to be Elders as aforesaid, then that Congregation shall be immediately under the Classical Presbytery, until that Congregation shall be enabled with Members fit to be Elders as aforesaid.
"The Provincial Assembly shall be constituted of Members sent from every Classis within the Province: The Number of the Members sent from each Classis shall be so proportioned, as that the Provincial Assembly may be more in Number than any Classical Presbytery within that Province; and, to that End, there shall be at least Two Ministers and Four Ruling Elders out of every Classis; and that, where there shall be Need, the Number may be increased, as to the Persons appointed for the bounding of the Provincial Assembly shall seem meet: Provided, That the Number do not exceed Nine of each, Ministers and Ruling Members, from any One Classis; and that there be always Two Ruling Elders to One Minister.
"That the Provincial Assembly, being constituted, shall meet Twice every Year; the First Meeting shall be determined by the Persons appointed for the bounding of the Provincial and Classical Assemblies.
"That the National Assembly shall be constituted of Members sent from the several Provinces aforesaid: The Number of the Members from each Province to the National Assembly shall be Two Ministers and Four Ruling Elders.
Dunaway's Petition, to protect his Ship The Frederick and William of Kingsburgh, from Arrests, for Cannon which he purchased for her, but which were taken and employed for Defence of Plymouth.
"The humble Petition of Thomas Dunaway, in the Name and Behalf of Colonel John Dunawaye, John Dyke, Joseph Winde, Jo'n Davison, Frederick Will'm Buck, and James Crafting, Owners and Proprietors of the good Ship The Fred'rick and William, of Kingsburgh, in the Dukedom of Brandenburgh;
"That whereas the said Ship was, in the Way of her Trading, brought into Plymouth, about Three Years since, and from thence commanded to go to Saltash, in the Service of the Parliament, and for the Defence of that Town; which afterwards falling into the Enemy's Hands, by Means thereof, and also by the Treachery of Allen Ruddock then Master, the said Ship was miserably rifled and plundered; and, at the reducing of that Town, the said Ship, by special Order and Direction of the Right Honourable the Earl of Warwick, then Lord Admiral (upon Perusal of certain Letters directed to your Lordships from the Council of the said Duke of Brandenburgh, and upon Sight of certain Depositions and Proceedings from Men of known Honesty, Ability, and Integrity to the Parliament), (fn. 7) was ordered and commanded to be brought to Plymouth, and there, with all her Ordnance and Appurtenances, commanded to be delivered to your Petitioner, to the Use of the Proprietors as aforesaid, as by a Copy of the Lord Admiral's Warrant hereunto annexed appeareth.
"That, in Obedience to the said Order, the said Ship was brought to Plymouth, and there delivered to your Petitioner; but Sixteen Pieces of Iron Ordnance were then taken out of the said Ship, and employed and mounted for the Service of the Parliament, in, upon, and about, the Walls of Plymouth, for the Defence thereof.
"That Samuell Ferris, Gyles Dobbins, and Reynolds, who had formerly sold the said Ordnance to the said Allen Ruddock, and were not paid nor satisfied therefor, did arrest the said Ship, for Money for the said Ordnance, and for other Personal Debts, which were formerly owing by, and due from, the said Allen Ruddock.
"That the Right Honourable the Lord Roberts, then Governor of Plymouth, understanding the whole Matter, and conceiving it very unreasonable and unfit that the said Ship should not only lose her Time and Benefits in Merchants Affairs, and the Freights due thereupon, and also the greatest Part of her Rigging, Cables, Anchors, and without any Manner of Pay from the State, but to be utterly lost and condemned for such Debts as either by the said Master in his own Person, or for the said Ordnance (then and still employed at Plymouth, in the Parliament's Service), had contracted upon her, did (out of his accustomed Goodness and Clemency) order, That the said Ship, with such of her Rigging and Appurtenances as had escaped the Fury and Malice of the Enemy and ill-minded People, should be discharged from the said Arrest, and delivered to your Petitioner; which was done accordingly.
"That, after the Delivery of the said Ship to your Petitioner, who brought her into The Cowes Road, in the Isle of Weight, the said Samuell Ferris, Gyles Dobbins, and Reynolds, have again arrested the said Ship and Appurtenances, for the Ordnance and Debt aforesaid; by reason whereof, your Petitioner (being utterly unable to contend in Suits of Law) was forced again to repair into Poland, to unfold the whole Matter unto the Proprietors, who likewise made their Addresses to the Great Duke and Council of Brandenburgh aforesaid, from whom your Lordships have received Letters concerning the said Ship.
"That, the Premises duly and tenderly considered, and that neither the Proprietors nor your Petitioner may suffer in the Loss of the said Ship, for those Ordnance, which are still employed in the Parliament's Service, nor be wholly ruined for their Affection to the Parliament, in whose Service they have willingly employed the said Ship, without any Pay either received or expected; your Lordships will be pleased, upon reading the Letters aforesaid, and also upon your Petitioner's humble Desire, to order, that the said Ship may be discharged, and protected from any of the Arrests aforesaid, and delivered to your Petitioner, to the Use of the Proprietors.
Devereux's Petition against Tollemash, about Withypole's Effects.
"That the said Sir William, 11 August 1645, dying intestate, at Greye's Inne, in the County of Midd. one Ptolemy Tellemach, 12 of this August, upon his Oath, videlicet, That the said William Withipole died Fourteen Days then past; and that he had neither Wife nor Child; and that himself was a Creditor and Kinsman of Sir William's; and that his Goods exceeded not the Value of Three Hundred Pounds, obtained Letters of Administration of all Sir William's Goods and Chattels (they being of the Value of Two Thousand Pounds, and upwards); and the said Tellemach hath, by Colour of those Letters of Administration, sold and disposed of already more than One Thousand Pounds-worth thereof, and still persists in selling the rest, which will tend to the great Prejudice of your Petitioners, to whom it will belong to take Care for Payment of the said Sir William's Debts, the same being above Three Thousand Pounds.
"And because your Petitioners can make it appear before your Lordships, that all the Things mentioned in the said Tollemache's Oath, and whereby he obtained the said Letters of Administration, are untrue;
"Your Petitioners humbly pray, that a Messenger of this Honourable House may forthwith be sent for the said Tollemacche (he being a poor Man), to appear before your Lordships, to answer such Things in the Premises as shall be objected against him by your Petitioners.
Ordinance for a Duty on Herrings, to defray the Expence of a Convoy to protect that Fishery.
"Whereas, upon the Petition of divers Fishermen for the Herring Fishing the last Year's Season, praying, that some Ships of War might be set forth to Sea, to preserve them from Pirates and other Sea Rovers, and, for the defraying of that Charge, a Duty or Rate might be set and received on every Last of Herrings, the Lords and Commons assembled in Parliament did, by their Ordinance of the 26th of August, 1644, lay and impose a Duty of Three Shillings upon every Last of Herring (each Last containing Ten Thousand Herrings) which should be taken that Season by any Fisherman; and, for every Last of Herring such Fisherman should sell at Sea, should pay the Sum of Five Shillings over and above the former Three Shillings; and if any Fisherman should bring on Shore any Herring, to dry or barrel them to his own Use, that then he pay, for every Last so landed, the Sum of Five Shillings, over and above the said former Three Shillings; and it was further Ordained, That every Person whatsoever, that should buy any Herring that Season, and land the same to barrel or dry, should pay after the Rate of Five Shillings for every Last by him so bought, as in and by the said Ordinance more at large it doth and may appear: Now, forasmuch as the said Ordinance is expired, and the said Fishermen having again, by their humble Petition, desired that, in regard of the Necessity of having some Ships of War to be set forth for the next Herring Season, and for the defraying the Charge thereof, the like Duty and Rate may be set on every Last of Herring; which the said Lords and Commons taking into Consideration, do Ordain, That the like Duty be hereby imposed on every Last of Herrings, which shall be taken this next Herring Fishing Season, as was set and laid on them by the said Ordinance of the 26th of August, 1644; and that such Sum or Sums of Money as shall be raised in the said Duty, by virtue of this Ordinance, shall be paid unto the said Miles Corbett and Edward Owner, Esquires, Thomas Johnson, Thomas Gooch Bailiff of the Town of Yarmouth, or any Two of them, or unto such Persons as they shall depute under their Hands and Seals for that Service, to be by them, or their said Deputy or Deputies, issued out (fn. 8) for the said Service, as they shall from Time to Time receive Order from the Commitmittee of the Navy appointed by Parliament, who are likewise hereby authorized to do the same: And it is further Ordained, That the said Committee of the Navy shall have Power to contract for such a convenient Number of Ships for this Service as they shall think fit, not employing above the Number of Three Hundred Mariners.
Order for 30 l. to Chadwell, Sir T. Fairfax's Messenger.
"Ordered, by the Lords and Commons in Parliament, That the Committee of Lords and Commons for Advance of Monies at Habberdashers Hall do forthwith pay unto Richard Chadwell, One of Sir Thomas Fairefaxe's Messengers, Thirty Pounds, who hath performed many very toilsome and hazardous Services, for the Service of the State."
Sir Theodore Mayherne's House at Chelsea exempted from billeting.
"Whereas Sir Theoder Mayherne Knight (whose House at Chelsey is very streight for his own Family), he being a weak and infirm Man, and having (fn. 9) conformed himself to the Parliament in all Things, by Payments and otherwise, or standing well-affected to the State, as by his Carriage in several Particulars manifestly doth appear; and having lately desired this House that he might be spared from having Soldiers billeted upon him, in respect of the Streightness of his said House, and his own Infirmities: It is Ordered, That the said Sir Theodore Mayherne's House is hereby freed and exempted from all Billeting, as well of Commanders and Soldiers, as all other Persons whatsoever; and hereof all Officers of the Army, and others it may concern, are to take Notice, and yield their Obedience hereunto, as they will answer the contrary (fn. 8) to this House."